As Reported by House Transportation and Public Safety Committee   1            

123rd General Assembly                                             4            

   Regular Session                           Sub. H. B. No. 549    5            

      1999-2000                                                    6            


        REPRESENTATIVES TERWILLEGER-CORBIN-ALLEN-TAYLOR-           8            

         NETZLEY-SCHURING-HOLLISTER-REDFERN-CLANCY-OLMAN           9            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 133.15, 315.14, 5555.01, 5555.43,   12           

                5555.46, 5555.51, 5571.15, 5573.07, 6103.01,       13           

                6103.02, 6103.03, 6103.04, 6103.05, 6103.07,       14           

                6103.081, 6103.11, 6103.12, 6103.13, 6103.15,      15           

                6103.17, 6103.20, 6103.21, 6103.22, 6103.23,       16           

                6103.24, 6103.25, 6103.29, 6103.31, 6117.01,                    

                6117.011, 6117.02, 6117.04, 6117.05, 6117.06,      17           

                6117.08, 6117.23, 6117.251, 6117.28, 6117.29,      18           

                6117.30, 6117.32, 6117.34, 6117.38, 6117.39,                    

                6117.41, 6117.42, 6117.43, 6117.44, 6117.45, and   19           

                6119.36, to enact sections 1.62, 5555.022, and     20           

                6117.49, and to repeal sections 6103.09 and        21           

                6117.26 of the Revised Code to modify certain      22           

                road improvement and water supply, sanitary, and                

                drainage facilities laws to permit permanent       24           

                improvements to be made more efficiently and                    

                effectively by simplifying, clarifying, and        25           

                supplementing the procedures for constructing and  26           

                financing them.                                                 




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        28           

      Section 1.  That sections 133.15, 315.14, 5555.01, 5555.43,  30           

5555.46, 5555.51, 5571.15, 5573.07, 6103.01, 6103.02, 6103.03,     31           

6103.04, 6103.05, 6103.07, 6103.081, 6103.11, 6103.12, 6103.13,    33           

6103.15, 6103.17, 6103.20, 6103.21, 6103.22, 6103.23, 6103.24,     34           

6103.25, 6103.29, 6103.31, 6117.01, 6117.011, 6117.02, 6117.04,    35           

                                                          2      


                                                                 
6117.05, 6117.06, 6117.08, 6117.23, 6117.251, 6117.28, 6117.29,    36           

6117.30, 6117.32, 6117.34, 6117.38, 6117.39, 6117.41, 6117.42,     37           

6117.43, 6117.44, 6117.45, and 6119.36 be amended and sections     38           

1.62, 5555.022, and 6117.49 of the Revised Code be enacted to      39           

read as follows:                                                                

      Sec. 1.62.  AS USED IN THE REVISED CODE, UNLESS THE CONTEXT  42           

OF A SECTION DOES NOT PERMIT THE FOLLOWING OR UNLESS EXPRESSLY                  

PROVIDED OTHERWISE IN A SECTION:                                   44           

      (A)  REFERENCES TO PARTICULAR COUNTY OFFICERS, BOARDS,       46           

COMMISSIONS, AND AUTHORITIES MEAN, IN THE CASE OF A COUNTY THAT    48           

HAS ADOPTED A CHARTER UNDER ARTICLE X, OHIO CONSTITUTION, THE      49           

OFFICER, BOARD, COMMISSION, OR AUTHORITY OF THAT COUNTY            50           

DESIGNATED BY OR PURSUANT TO THE CHARTER TO EXERCISE THE SAME      51           

POWERS OR PERFORM THE SAME ACTS, DUTIES, OR FUNCTIONS THAT ARE TO  52           

BE EXERCISED OR PERFORMED UNDER THE APPLICABLE SECTION OF THE      53           

REVISED CODE BY OFFICERS, BOARDS, COMMISSIONS, OR AUTHORITIES OF                

COUNTIES THAT HAVE NOT ADOPTED A CHARTER.                          54           

      (B)  REFERENCES TO RESOLUTIONS MEAN, IN THE CASE OF A        56           

COUNTY THAT HAS ADOPTED A CHARTER UNDER ARTICLE X, OHIO            58           

CONSTITUTION, THE APPROPRIATE FORM OF LEGISLATION PERMITTED BY OR               

PURSUANT TO THE CHARTER.                                           59           

      Sec. 133.15.  (A)  The taxing authority of any subdivision   68           

may issue securities of the subdivision for the purpose of paying  69           

all or any portion of the costs of any permanent improvement that  70           

the subdivision is authorized, alone or in cooperation with other  71           

persons, to acquire, improve, or construct.                        72           

      Securities may be issued prior to the completion of any      74           

proceedings required to authorize the permanent improvement or     75           

the expenditure of the proceeds of the securities.  IN ADDITION,   76           

PROCEEDINGS FOR THE ISSUANCE OF SECURITIES FOR ANY PERMANENT       77           

IMPROVEMENT FOR WHICH SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED     78           

AND COLLECTED MAY AUTHORIZE THE IMPROVEMENT AND THE EXPENDITURE    79           

OF THE PROCEEDS OF THE SECURITIES AND ANY OTHER FUNDS AVAILABLE    80           

AND APPROPRIATED FOR THE IMPROVEMENT, WITHOUT THE PRIOR OR         81           

                                                          3      


                                                                 
SUBSEQUENT NECESSITY OF INSTITUTING OR COMPLETING ANY OTHER                     

PROCEEDINGS THAT OTHER PROVISIONS OF THE REVISED CODE THAT         82           

CONTEMPLATE THAT SPECIAL ASSESSMENTS MAY BE LEVIED AND COLLECTED   83           

FOR THAT TYPE OF IMPROVEMENT OTHERWISE MIGHT REQUIRE BEFORE AN     84           

AUTHORIZATION OF THAT TYPE.                                                     

      (B)  Costs of permanent improvements that may be financed    86           

with, and paid from the proceeds of, securities include, without   87           

limitation as to other costs properly allocable to the permanent   88           

improvement, the costs of:  acquiring, constructing,               89           

reconstructing, rehabilitating, installing, remodeling,            90           

renovating, enlarging, equipping, furnishing, or otherwise         91           

improving permanent improvements; site clearance, improvement,     92           

and preparation; acquisition of real or personal property;         93           

indemnity and surety bonds and premiums on insurance; all related  94           

direct administrative expenses and allocable portions of direct    95           

costs of the subdivision; engineering, architectural, legal, and   96           

other consulting and professional services; designs, plans,        97           

specifications, feasibility or rate studies, appraisals, surveys,  98           

and estimates of cost; interest or interest equivalent on the      99           

securities, whether capitalized or not; financing costs; title     100          

work and title commitment, insurance, and guaranties; amounts      101          

necessary to establish any debt service reserve or other reserves  102          

as required by the proceedings for the securities; audits; the     103          

reimbursement of moneys advanced or applied by or borrowed from    104          

any person, whether to or by the subdivision or others, from       105          

whatever source provided, for the payment of any item or items of  106          

cost of the permanent improvements; and all other expenses         107          

necessary or incidental to planning or determining feasibility or  108          

practicability with respect to permanent improvements or           109          

necessary or incidental to the acquisition, construction,          110          

reconstruction, rehabilitation, installation, remodeling,          111          

renovating, enlargement, equipping, furnishing, or other           112          

improvement of the permanent improvements, the financing of the    113          

permanent improvements, and the placing of the permanent           114          

                                                          4      


                                                                 
improvements in condition for use and operation, and all like or   115          

related costs, including any one, part, or combination of, or the  116          

subdivision's share of, those costs and expenses.                  117          

      Sec. 315.14.  The county engineer shall be responsible for   126          

the inspection of all public improvements made under authority of  127          

the board of county commissioners.  He THE ENGINEER shall keep in  129          

suitable books a complete record of all estimates and summaries    130          

of bids received and contracts for the various improvements,       131          

together with the record of all estimates made for payments on     132          

such THAT work.  He THE ENGINEER shall make all surveys required   134          

by law and, SHALL perform all necessary services to be performed   137          

by a registered surveyor or registered professional engineer in    138          

connection with the construction, repair, or opening of all        139          

county roads or ditches constructed under the authority of the     140          

board, and shall perform such other duties as the board requires,  141          

provided that the duties described in Chapters 343., 6103., and    142          

6117. of the Revised Code shall be performed only pursuant to an   143          

agreement between the county engineer and the board; AN AGREEMENT  144          

OF THAT TYPE MAY PROVIDE FOR THE COUNTY ENGINEER'S PERFORMANCE OF  145          

DUTIES DESCRIBED IN ONE OR MORE OF THOSE CHAPTERS, AND MAY         146          

PROVIDE FOR THE COUNTY ENGINEER'S PERFORMANCE OF ALL DUTIES        147          

IMPOSED UPON A COUNTY SANITARY ENGINEER UNDER CHAPTERS 6103. AND   148          

6117. OF THE REVISED CODE OR ONLY THE DUTIES IMPOSED UPON A        149          

COUNTY SANITARY ENGINEER UNDER CHAPTER 6117. OF THE REVISED CODE   150          

IN RELATION TO DRAINAGE.  The board shall determine the            151          

compensation for performance of the RELEVANT duties described in   152          

Chapters 343., 6103., and 6117. of the Revised Code and shall pay  154          

the county engineer from funds available under such THE            155          

APPLICABLE CHAPTER OR chapters or from the general fund of the     157          

county.  The performance of the RELEVANT duties described in       158          

Chapters 343., 6103., and 6117. of the Revised Code shall not      159          

constitute engaging in the private practice of engineering or      160          

surveying.                                                                      

      Sec. 5555.01.  As used in sections 5555.01 to 5555.72,       169          

                                                          5      


                                                                 
inclusive, of the Revised Code THIS CHAPTER:                       170          

      (A)  "COST" OR "COSTS" INCLUDES COMPENSATION, DAMAGES, AND   172          

EXPENSES THAT ARE INCIDENT TO AN IMPROVEMENT COVERED BY THIS       173          

CHAPTER AND ALL ITEMS OF COST DESCRIBED IN DIVISION (B) OF         174          

SECTION 133.15 OF THE REVISED CODE THAT ARE INCIDENT TO AN         175          

IMPROVEMENT COVERED BY THIS CHAPTER.                               176          

      (B)  "PUBLIC OBLIGATIONS" HAS THE SAME MEANING AS IN         178          

SECTION 133.01 OF THE REVISED CODE.                                179          

      (C)  "road ROAD" includes any state or county road, or part  182          

thereof OF ANY STATE OR COUNTY ROAD, or any state or county road   183          

and any municipal corporation street, or part thereof OF A ROAD    184          

OR STREET OF THOSE TYPES, which form a continuous road             185          

improvement.                                                                    

      Sec. 5555.022.  (A)  A BOARD OF COUNTY COMMISSIONERS, BY     187          

RESOLUTION ADOPTED BY A MAJORITY VOTE AND ACTING WITHOUT REGARD    188          

TO OR THE NECESSITY FOR A PETITION, MAY FIND THAT THE PUBLIC       189          

CONVENIENCE AND WELFARE REQUIRE THE IMPROVEMENT OF ANY PUBLIC      190          

ROAD OR ROADS, OR PARTS OF ANY PUBLIC ROAD OR ROADS, IDENTIFIED    191          

IN THAT RESOLUTION IN A MANNER PROVIDED IN SECTION 5555.06 OF THE  192          

REVISED CODE AND MAY FIX THE ROUTE AND TERMINI OF THE              193          

IMPROVEMENT.  IF THE BOARD DETERMINES, IN THAT RESOLUTION OR IN A  194          

SUBSEQUENT RESOLUTION, THAT SPECIAL ASSESSMENTS ARE NOT TO BE                   

LEVIED AND COLLECTED TO PAY ANY PART OF THE COUNTY'S COSTS OF THE  195          

IMPROVEMENT, THE BOARD, IN THAT RESOLUTION OR IN A SUBSEQUENT      196          

RESOLUTION, INCLUDING A RESOLUTION AUTHORIZING THE ISSUANCE OR     197          

INCURRENCE OF PUBLIC OBLIGATIONS FOR THE IMPROVEMENT, MAY          198          

AUTHORIZE THE IMPROVEMENT AND THE EXPENDITURE OF FUNDS REQUIRED    199          

BY THE COUNTY FOR ITS CONSTRUCTION AND MAY PROCEED WITH THE                     

IMPROVEMENT WITHOUT REGARD TO ANY OTHER PROCEDURES REQUIRED BY     200          

SECTIONS 5555.03 TO 5555.42, 5555.45 TO 5555.47, 5555.50, AND      201          

5555.81 TO 5555.83 OF THE REVISED CODE EXCEPT AS OTHERWISE         202          

PROVIDED IN THIS SECTION.                                                       

      (B)  THIS SECTION APPLIES TO AND AUTHORIZES AN IMPROVEMENT   204          

LOCATED WHOLLY WITHIN A SINGLE COUNTY, AN IMPROVEMENT LOCATED IN   205          

                                                          6      


                                                                 
A COUNTY AND ONE OR MORE OTHER COUNTIES IN THIS STATE, AN          206          

IMPROVEMENT ALONG THE COUNTY LINE BETWEEN A COUNTY AND ONE OR      207          

MORE OTHER COUNTIES IN THIS STATE, AN IMPROVEMENT EXTENDING FROM   208          

A COUNTY INTO OR THROUGH ONE OR MORE ADJOINING COUNTIES IN THIS                 

STATE, AND AN IMPROVEMENT ON OR ALONG THE LINE BETWEEN THIS STATE  209          

AND AN ADJOINING STATE.  IF AN IMPROVEMENT INVOLVES MORE THAN ONE  210          

COUNTY IN THIS STATE, THE PORTION OF THE COST OF THE IMPROVEMENT   211          

TO BE BORNE BY EACH COUNTY, AFTER DEDUCTING ANY AMOUNT AGREED TO   212          

BE PAID BY ANY TOWNSHIP IN THAT COUNTY IN WHICH THE IMPROVEMENT    213          

IS LOCATED IN WHOLE OR IN PART, SHALL BE DETERMINED, WITHOUT       214          

REGARD TO OR NECESSITY FOR A JOINT BOARD OF COUNTY COMMISSIONERS,               

IN AN AGREEMENT AMONG THE COUNTIES.  THOSE COUNTIES MAY PROCEED    215          

IN ACCORDANCE WITH THIS SECTION IF SPECIAL ASSESSMENTS ARE NOT TO  216          

BE LEVIED AND COLLECTED, OR MAY PROCEED IN ACCORDANCE WITH THE     217          

PROVISIONS OF THIS CHAPTER APPLICABLE TO A SINGLE COUNTY           218          

IMPROVEMENT IF SPECIAL ASSESSMENTS ARE TO BE LEVIED AND                         

COLLECTED.  IF AN IMPROVEMENT IS ON OR ALONG THE LINE BETWEEN      219          

THIS STATE AND AN ADJOINING STATE, THE PORTION OF ITS COST TO BE   220          

BORNE BY A COUNTY IN THIS STATE SHALL BE DETERMINED IN AN          221          

AGREEMENT BETWEEN THE COUNTY AND THE PROPER AUTHORITIES OF THE     222          

ADJOINING STATE OR ITS PARTICIPATING OR COOPERATING SUBDIVISION    223          

OR AGENCY.                                                                      

      (C)  THE FOLLOWING PROVISIONS ALSO APPLY TO AN IMPROVEMENT   225          

UNDERTAKEN PURSUANT TO THIS SECTION:                               226          

      (1)  THE IMPROVEMENT AND THE PROCEEDINGS FOR ITS             228          

CONSTRUCTION AND FINANCING, INCLUDING A CONTRACT FOR THE           229          

CONSTRUCTION, MAY INCLUDE, CONSISTENT WITH THE OTHER PROVISIONS    230          

OF THIS SECTION AND NOTWITHSTANDING ANY PROVISIONS OF THIS         231          

CHAPTER TO THE CONTRARY, ANY ROAD OR ROADS OR PARTS OF ANY ROAD                 

OR ROADS, AND THE PROVISIONS OF SECTIONS 5555.61 TO 5555.69 OF     232          

THE REVISED CODE RELATING TO CONTRACTS FOR THE CONSTRUCTION OF AN  234          

IMPROVEMENT SHALL BE CONSTRUED ACCORDINGLY AND SHALL BE                         

CONTROLLING TO THE EXTENT APPLICABLE.                              235          

      (2)  ANY SURVEYS, PLANS, PROFILES, CROSS SECTIONS,           237          

                                                          7      


                                                                 
ESTIMATES OF COST, AND SPECIFICATIONS THAT MAY BE REQUIRED:        238          

      (a)  IN THE CASE OF A SINGLE COUNTY IMPROVEMENT, SHALL BE    240          

PREPARED BY THE COUNTY ENGINEER AT THE DIRECTION OF THE BOARD OF   241          

COUNTY COMMISSIONERS AND SHALL REQUIRE THE BOARD'S APPROVAL;       242          

      (b)  IN THE CASE OF AN IMPROVEMENT UNDERTAKEN COOPERATIVELY  244          

BY TWO OR MORE COUNTIES IN THIS STATE, SHALL BE PREPARED BY A      245          

COUNTY ENGINEER OF ONE OF THE COUNTIES AS AGREED TO BY THE         246          

RELEVANT BOARDS OF COUNTY COMMISSIONERS OR, IF THE BOARDS ARE      247          

UNABLE TO SO AGREE AND CERTIFY THAT FACT JOINTLY TO THE DIRECTOR   248          

OF TRANSPORTATION, BY A COUNTY ENGINEER OF ONE OF THOSE COUNTIES                

DESIGNATED BY THE DIRECTOR, AND THE SURVEYS, PLANS, PROFILES,      249          

CROSS SECTIONS, ESTIMATES OF COST, AND SPECIFICATIONS SO PREPARED  250          

SHALL REQUIRE THE APPROVAL OF EACH OF THE BOARDS;                  251          

      (c)  IN THE CASE OF AN IMPROVEMENT ON OR ALONG THE LINE      253          

BETWEEN THIS STATE AND AN ADJOINING STATE, SHALL BE PREPARED BY    254          

THE COUNTY ENGINEER OF THE COUNTY IN THIS STATE AND SHALL REQUIRE  255          

THE APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS AND THE PROPER   256          

AUTHORITIES OF THE ADJOINING STATE OR ITS PARTICIPATING OR         257          

COOPERATING SUBDIVISION OR AGENCY.                                              

      (D)  IN THE CASE OF AN IMPROVEMENT UNDERTAKEN PURSUANT TO    259          

THIS SECTION ON OR ALONG THE LINE BETWEEN THIS STATE AND AN        260          

ADJOINING STATE, A BOARD OF COUNTY COMMISSIONERS ALSO MAY JOIN IN  261          

ITS CONSTRUCTION WITH THE DEPARTMENT OF TRANSPORTATION AND THE     262          

EQUIVALENT DEPARTMENT OF THE OTHER STATE AS IF THE IMPROVEMENT     263          

WERE WHOLLY WITHIN THIS STATE.                                                  

      (E)  IF, IN THE CASE OF AN IMPROVEMENT UNDERTAKEN PURSUANT   265          

TO THIS SECTION INVOLVING TWO OR MORE COUNTIES IN THIS STATE, THE  266          

BOARDS OF COUNTY COMMISSIONERS OF THE RELEVANT COUNTIES ARE        267          

UNABLE TO AGREE UPON THE PORTION OF THE COSTS OF THE IMPROVEMENT   268          

TO BE BORNE BY EACH COUNTY AND CERTIFY THAT FACT JOINTLY TO THE    269          

DIRECTOR OF TRANSPORTATION, THE DIRECTOR SHALL MAKE THE            270          

APPORTIONMENT AND CERTIFY IT TO EACH OF THE COUNTIES.                           

      (F)  A BOARD OF COUNTY COMMISSIONERS MAY ORDER THAT THE      272          

COUNTY'S COST OF AN IMPROVEMENT UNDERTAKEN PURSUANT TO THIS        273          

                                                          8      


                                                                 
SECTION BE PAID FROM TAX LEVIES OR A ROAD IMPROVEMENT FUND         274          

REFERRED TO IN SECTION 5555.43 OF THE REVISED CODE.  A COUNTY MAY  275          

ENTER INTO AN AGREEMENT WITH ANY TOWNSHIP IN WHICH THE             276          

IMPROVEMENT IS LOCATED IN WHOLE OR IN PART FOR THE ALLOCATION OF   277          

THE COST BETWEEN THE COUNTY AND THE TOWNSHIP.                                   

      (G)  PROCEEDINGS FOR THE APPROPRIATION OF REAL PROPERTY OR   279          

INTERESTS IN REAL PROPERTY NEEDED BY A COUNTY FOR AN IMPROVEMENT   280          

UNDERTAKEN PURSUANT TO THIS SECTION SHALL TAKE PLACE IN            281          

ACCORDANCE WITH SECTIONS 163.01 TO 163.22 OF THE REVISED CODE.     283          

      (H)  IF, IN THE CASE OF AN IMPROVEMENT UNDERTAKEN PURSUANT   285          

TO THIS SECTION INVOLVING TWO OR MORE COUNTIES IN THIS STATE,      286          

PUBLIC OBLIGATIONS ARE ISSUED OR INCURRED TO PAY THE COSTS OF THE  287          

IMPROVEMENT, THE OBLIGATIONS SHALL BE ISSUED SEPARATELY BY EACH    289          

COUNTY FOR ITS PORTION OF THOSE COSTS, AND THE BOARDS OF COUNTY    290          

COMMISSIONERS MAY PROVIDE FOR THE CONSTRUCTION OF A PORTION OF     291          

THE IMPROVEMENT WHOLLY WITHIN ONE COUNTY AS AND TO THE EXTENT                   

AUTHORIZED FOR A JOINT BOARD OF COUNTY COMMISSIONERS BY SECTION    292          

5555.32 OF THE REVISED CODE.                                       293          

      (I)  ACTIONS REQUIRED OR AUTHORIZED TO BE TAKEN BY A BOARD   295          

OF COUNTY COMMISSIONERS PURSUANT TO THIS SECTION MAY BE TAKEN,     296          

CONSISTENT WITH THE OTHER PROVISIONS OF THIS SECTION, BY A         297          

MAJORITY VOTE OF THE MEMBERS OF THE BOARD.                         298          

      Sec. 5555.43.  The board of county commissioners, UNLESS     307          

ACTING PURSUANT TO SECTION 5555.022 OF THE REVISED CODE, or THE    309          

joint board of county commissioners, upon a unanimous vote, may    310          

ORDER, without a petition therefor, order that all the             312          

compensation, damages, and expenses of A COUNTY'S COSTS FOR        313          

constructing any improvement be paid out of the proceeds of any    314          

tax levies for road purposes on the grand duplicate of the         315          

county, or out of any road improvement fund available therefor;    316          

FOR THE PAYMENT OF THOSE COSTS, or the board of county             317          

commissioners or joint board thereof may enter, BY A SIMILAR VOTE  320          

AND WITHOUT A PETITION, into an agreement with the boards of       321          

township trustees of the townships in which said THE improvement   322          

                                                          9      


                                                                 
is situated in whole or in part, whereby THE ENTIRE COST OF THE    324          

IMPROVEMENT IS PAID BY the county and townships, or one or more    325          

of them, may pay such IN THE AGREED UPON proportion or amount of   327          

the damages and expenses as is agreed upon between them COST.      329          

      Sec. 5555.46.  All assessments, with interest accrued        338          

thereon ON THE ASSESSMENTS, made under sections 5555.01 to         339          

5555.72, inclusive, of the Revised Code, shall be placed by the    341          

county auditor upon a special duplicate to be collected as other   342          

taxes, and the principal OF THE ASSESSMENTS shall be payable in    343          

not more than twenty FORTY semiannual installments extending over  345          

a period of not more than ten TWENTY years, as determined by the   347          

board of county commissioners.  If any assessment is twenty-five   348          

dollars or less, or if the unpaid balance of any such assessment   349          

is twenty-five dollars or less, it shall be paid in full, and not  350          

in installments, at the time the first or next installment would   351          

otherwise become due and payable.  In the event that bonds IF      352          

PUBLIC OBLIGATIONS are issued OR INCURRED to pay the               353          

compensation, damages, and expenses incident to COSTS OF the       354          

improvement, the principal sum of such THE assessments shall be    356          

payable in such A number of equal semiannual installments as will  359          

provide a fund for the redemption of the bonds PUBLIC OBLIGATIONS  360          

so issued OR INCURRED.  Such THE assessments shall bear interest   361          

from the date of and at the same rate OR RATES as the bonds        362          

PUBLIC OBLIGATIONS, and the interest shall be collected in like    364          

manner as the principal of such THE assessments.                   365          

      Sec. 5555.51.  The board of county commissioners, in         374          

anticipation of the collection of taxes, OR TAXES and              375          

assessments, for a road improvement, or any part thereof, OF A     377          

ROAD IMPROVEMENT may issue and sell bonds, OR INCUR, PUBLIC        378          

OBLIGATIONS of the county under Chapter 133. of the Revised Code   380          

in any amount not greater than the aggregate sum necessary to pay  381          

the estimated compensation, damages, and expenses of such COSTS    382          

OF THE improvement.  The making of the ANY special assessments     384          

referred to in sections 5555.41 to 5555.50 of the Revised Code     387          

                                                          10     


                                                                 
shall not be a condition precedent to the issuance OR INCURRENCE   388          

of bonds PUBLIC OBLIGATIONS under this section, and such THE       389          

special assessments may be made either before or after the         391          

issuance OR INCURRENCE of such bonds THE PUBLIC OBLIGATIONS.       392          

      Sec. 5571.15.  The (A)  EXCEPT AS PROVIDED IN DIVISION (B)   402          

OF THIS SECTION, THE board of township trustees may, without the   403          

presentation of a petition, MAY take the necessary steps to        404          

construct, reconstruct, resurface, or improve a public road or     406          

part thereof, upon the passage of a resolution, by unanimous       408          

vote, declaring the necessity therefor FOR THE CONSTRUCTION,       409          

RECONSTRUCTION, RESURFACING, OR IMPROVEMENT.  The cost thereof     410          

may be paid by any of the methods provided in section 5573.07 of   412          

the Revised Code, as determined by the board in such THE           413          

resolution.                                                                     

      (B)  IF THE PRIMARY REASON FOR THE RECONSTRUCTION,           415          

RESURFACING, OR IMPROVEMENT OF A PUBLIC ROAD OR PART THEREOF IS    416          

TO IMPROVE THE DRAINAGE OF WATER FROM THE SURFACE OF THE ROAD, AS  417          

DECLARED BY THE RESOLUTION, AND THERE IS NO PRESENTATION OF A      418          

PETITION, THE BOARD MAY PROCEED UPON THE PASSAGE OF THE            419          

RESOLUTION BY MAJORITY VOTE.  THE COST IN SUCH CASE MAY BE PAID                 

BY EITHER OF THE METHODS PROVIDED IN DIVISION (B) OF SECTION       420          

5573.07 OF THE REVISED CODE.                                                    

      Sec. 5573.07.  The compensation, damages, and costs of       429          

township road improvements shall be apportioned and paid in any    430          

of the following methods, as set forth in the petition:            431          

      (A)  Any part thereof shall be assessed against:             433          

      (1)  The real estate abutting upon said improvement;         435          

      (2)  The real estate situated within one-half mile of        437          

either side thereof;                                                            

      (3)  The real estate situated within one mile of either      439          

side thereof, according to the benefits accruing to such real      440          

estate;                                                                         

      (B)  Any balance shall be paid:                              442          

      (1)  From the proceeds of any levy for road purposes upon    444          

                                                          11     


                                                                 
the grand duplicate of all the taxable property in the township;   445          

      (2)  From any funds in the township treasury available       447          

therefor.                                                                       

      When the board of township trustees acts by unanimous vote,  449          

without the filing of a petition, AS PERMITTED BY DIVISION (A) OF  451          

SECTION 5571.15 OF THE REVISED CODE, the board shall set forth in  452          

its resolution, declaring THAT DECLARES the necessity for the      454          

improvement, the method of apportioning and paying the             455          

compensation, damages, and costs of the improvement, which may be  456          

any one of the methods provided in this section.                   457          

      WHEN THE BOARD ACTS BY MAJORITY VOTE AS PERMITTED BY         459          

DIVISION (B) OF SECTION 5571.15 OF THE REVISED CODE, THE BOARD     460          

SHALL SET FORTH IN ITS RESOLUTION THE METHOD OF PAYING THE         461          

COMPENSATION, DAMAGES, AND COSTS OF THE IMPROVEMENT, WHICH MAY BE  463          

BY EITHER OF THE METHODS PROVIDED IN DIVISION (B) OF THIS                       

SECTION.                                                           464          

      Sec. 6103.01.  As used in sections 6103.02 to 6103.30,       473          

inclusive, of the Revised Code, "public THIS CHAPTER:              474          

      (A) "PUBLIC water supply FACILITIES," "WATER SUPPLY          477          

FACILITIES," "WATER SUPPLY IMPROVEMENT," OR "IMPROVEMENT" means,   478          

WITHOUT LIMITING THE GENERALITY OF THOSE TERMS, WATER wells AND    479          

WELL FIELDS, springs, LAKES, RIVERS, streams, or other sources of  481          

water supply, INTAKES, pumping STATIONS AND equipment, treatment,  482          

FILTRATION, or purification plants, distributing FORCE AND         483          

DISTRIBUTION LINES OR mains, cisterns, reservoirs, STORAGE         484          

FACILITIES, necessary equipment for fire protection, other         485          

RELATED STRUCTURES, equipment, AND FURNISHINGS, and lands, rights  486          

of way, and easements REAL ESTATE AND INTERESTS IN REAL ESTATE,    487          

necessary for OR USEFUL IN the proper development OF A WATER       489          

SUPPLY FOR DOMESTIC OR OTHER PURPOSES and ITS PROPER distribution  490          

of the supply.                                                     491          

      (B)  "CURRENT OPERATING EXPENSES," "DEBT CHARGES,"           493          

"PERMANENT IMPROVEMENT," "PUBLIC OBLIGATIONS," AND "SUBDIVISION"   494          

HAVE THE SAME MEANINGS AS IN SECTION 133.01 OF THE REVISED CODE.   495          

                                                          12     


                                                                 
      (C)  "CONSTRUCT," "CONSTRUCTION," OR "CONSTRUCTING" MEANS    497          

CONSTRUCTION, RECONSTRUCTION, ENLARGEMENT, EXTENSION,              498          

IMPROVEMENT, RENOVATION, REPAIR, AND REPLACEMENT OF WATER SUPPLY   499          

FACILITIES BUT DOES NOT INCLUDE REPAIRS, REPLACEMENTS, OR SIMILAR  500          

ACTIONS THAT DO NOT CONSTITUTE AND QUALIFY AS PERMANENT            501          

IMPROVEMENTS.                                                                   

      (D)  "MAINTAIN," "MAINTAINING," OR "MAINTENANCE" MEANS       503          

REPAIRS, REPLACEMENTS, AND SIMILAR ACTIONS THAT CONSTITUTE AND     504          

ARE PAYABLE AS CURRENT OPERATING EXPENSES AND THAT ARE REQUIRED    505          

TO RESTORE WATER SUPPLY FACILITIES TO, OR TO CONTINUE WATER        506          

SUPPLY FACILITIES IN, GOOD ORDER AND WORKING CONDITION BUT DOES    507          

NOT INCLUDE CONSTRUCTION OF PERMANENT IMPROVEMENTS.                             

      (E)  "PUBLIC AGENCY" MEANS A STATE AND ANY AGENCY OR         509          

SUBDIVISION OF A STATE, INCLUDING A COUNTY, A MUNICIPAL            510          

CORPORATION, OR OTHER SUBDIVISION.                                              

      (F)  "COUNTY SANITARY ENGINEER" MEANS EITHER OF THE          512          

FOLLOWING:                                                                      

      (1)  THE REGISTERED PROFESSIONAL ENGINEER EMPLOYED OR        515          

APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS TO BE THE COUNTY    516          

SANITARY ENGINEER AS PROVIDED IN SECTION 6117.01 OF THE REVISED    517          

CODE;                                                                           

      (2)  THE COUNTY ENGINEER, IF, FOR AS LONG AS AND TO THE      519          

EXTENT THAT ENGINEER BY AGREEMENT ENTERED INTO UNDER SECTION       521          

315.14 OF THE REVISED CODE IS RETAINED TO DISCHARGE THE DUTIES OF  522          

A COUNTY SANITARY ENGINEER UNDER THIS CHAPTER.                     523          

      Sec. 6103.02.  (A)  For the purpose of preserving and        532          

promoting the public health and welfare, and providing fire        533          

protection, any A board of county commissioners may by resolution  535          

acquire, construct, maintain, and operate any public water supply  536          

or water-works system FACILITIES within its county for any ONE OR  538          

MORE sewer district, DISTRICTS and may provide for the THEIR       539          

protection thereof and prevent the THEIR pollution and             541          

unnecessary waste thereof.  THE BOARD MAY NEGOTIATE AND ENTER      542          

INTO A CONTRACT WITH ANY PUBLIC AGENCY OR ANY PERSON FOR THE       543          

                                                          13     


                                                                 
MANAGEMENT, MAINTENANCE, OPERATION, AND REPAIR OF THE FACILITIES                

ON BEHALF OF THE COUNTY, UPON THE TERMS AND CONDITIONS AS MAY BE   544          

AGREED UPON WITH THE AGENCY OR PERSON AND AS MAY BE DETERMINED BY  545          

THE BOARD TO BE IN THE INTERESTS OF THE COUNTY.  By contract with  546          

any municipal corporation, PUBLIC AGENCY or any person, firm, or   547          

private corporation furnishing a OPERATING public water supply     549          

FACILITIES within or without its county, the board ALSO may        551          

provide such A supply of water to such A SEWER district from the   553          

waterworks FACILITIES of such municipal corporation, THE PUBLIC    554          

AGENCY OR person, firm, or private corporation.  The               555          

      (B)  THE COUNTY sanitary engineer, or sanitary engineering   558          

department, of such county, in addition to other ASSIGNED duties   559          

assigned to such sanitary engineer or department, shall assist     561          

the board in the performance of its duties under sections 6103.02  562          

to 6103.30 of the Revised Code, THIS CHAPTER and shall be charged  564          

with such other duties and services in relation thereto TO THE     565          

BOARD'S DUTIES as the board prescribes.  The                       566          

      (C)  THE board may adopt, publish, administer, and enforce   569          

rules for the construction, maintenance, protection, and use of    570          

COUNTY-OWNED OR COUNTY-OPERATED public water supplies in the       571          

county SUPPLY FACILITIES outside of municipal corporations, and    572          

of public water supplies SUPPLY FACILITIES within municipal        574          

corporations in its county wherever such water supplies THAT are   575          

constructed OWNED or operated by such board THE COUNTY or THAT     576          

are supplied with water from water supplies constructed SUPPLY     577          

FACILITIES OWNED or operated by such board THE COUNTY, including,  579          

BUT NOT LIMITED TO, RULES FOR the establishment AND USE of ANY     580          

connections,  THE TERMINATION IN ACCORDANCE WITH REASONABLE        581          

PROCEDURES OF WATER SERVICE FOR NONPAYMENT OF COUNTY WATER RATES   582          

AND CHARGES, AND THE ESTABLISHMENT AND USE OF SECURITY DEPOSITS    583          

TO THE EXTENT CONSIDERED NECESSARY TO ENSURE THE PAYMENT OF        584          

COUNTY WATER RATES AND CHARGES.  Such THE rules shall not be       586          

inconsistent with the laws of the state or the ANY APPLICABLE      587          

rules of the DIRECTOR OF environmental protection agency.  No      589          

                                                          14     


                                                                 
      (D)  NO public water supplies or water pipes or mains        592          

SUPPLY FACILITIES shall be constructed in any county outside of    594          

municipal corporations by any person, firm, or corporation,        595          

except for the purpose of supplying water to such THOSE municipal  597          

corporations, until the plans and specifications for the same      598          

FACILITIES have been approved by the board.  Any such              599          

construction CONSTRUCTION shall be done under the supervision of   601          

the COUNTY sanitary engineer.  Any person, firm, or corporation    602          

proposing or constructing such improvements PUBLIC WATER SUPPLY    603          

FACILITIES shall pay to the county all expense EXPENSES incurred   605          

by the board in connection therewith WITH THE CONSTRUCTION.  The   606          

      (E)  THE COUNTY sanitary engineer OR THE COUNTY SANITARY     608          

ENGINEER'S AUTHORIZED ASSISTANTS OR AGENTS, WHEN PROPERLY          609          

IDENTIFIED IN WRITING OR OTHERWISE AND AFTER WRITTEN NOTICE IS     610          

DELIVERED TO THE OWNER AT LEAST FIVE DAYS IN ADVANCE OR MAILED AT  611          

LEAST FIVE DAYS IN ADVANCE BY FIRST CLASS OR CERTIFIED MAIL TO     612          

THE OWNER'S TAX MAILING ADDRESS, may enter upon any public or      614          

private property for the purpose of making, AND MAY MAKE, surveys  616          

and examinations OR INSPECTIONS necessary for the design or        617          

examination EVALUATION of COUNTY public water supplies, and may    618          

make such surveys and examinations SUPPLY FACILITIES.  THIS ENTRY  619          

IS NOT A TRESPASS AND IS NOT TO BE CONSIDERED AN ENTRY IN          620          

CONNECTION WITH ANY APPROPRIATION OF PROPERTY PROCEEDINGS UNDER    621          

SECTIONS 163.01 TO 163.22 OF THE REVISED CODE THAT MAY BE          622          

PENDING.  No person, firm, or corporation PUBLIC AGENCY shall      623          

forbid or interfere with the COUNTY sanitary engineer or his THE   624          

COUNTY SANITARY ENGINEER'S authorized assistants entering OR       627          

AGENTS TO ENTER, OR INTERFERE WITH THEIR ENTRY, upon such THE      628          

property for such THE purpose, or OF making such THE surveys or    630          

examinations INSPECTIONS.  If actual damage is done to property    631          

by the making of such THE surveys and examinations OR              633          

INSPECTIONS, the board shall pay the reasonable value of such THE  635          

damage to the PROPERTY owner of the property damaged, and such     637          

THE cost shall be included in the assessment upon the property     639          

                                                          15     


                                                                 
benefited by the improvement for which such surveys and            640          

examinations are made THE COST OF THE FACILITIES AND MAY BE                     

INCLUDED IN ANY SPECIAL ASSESSMENTS LEVIED AND COLLECTED TO PAY    641          

THAT COST.                                                                      

      (F)  The board shall fix reasonable rates to be charged,     644          

INCLUDING PENALTIES FOR LATE PAYMENTS, for water supplied TO       645          

PUBLIC AGENCIES AND PERSONS when the source of supply or           646          

distributing pipes THE FACILITIES FOR ITS DISTRIBUTION are owned   647          

or operated by the county, which rates shall be at least           648          

sufficient to pay for all of the cost of operation and                          

maintenance of improvements for which the resolution declaring     649          

the necessity thereof shall be passed after July 1, 1958 AND MAY   650          

CHANGE THE RATES FROM TIME TO TIME AS IT CONSIDERS ADVISABLE.      651          

When the source of THE WATER supply TO BE USED BY THE COUNTY is    652          

owned by a municipal corporation ANOTHER PUBLIC AGENCY or any      653          

person, firm, or private corporation, the schedule of rates to be  654          

charged by such municipal corporation, THE PUBLIC AGENCY OR        655          

person, firm, or private corporation shall be ratified APPROVED    657          

by the board at the time any IT ENTERS INTO A contract is entered  659          

into for the use of water from such municipal corporation, THE     660          

PUBLIC AGENCY OR person, firm, or private corporation.  When the   661          

distributing pipes DISTRIBUTION FACILITIES are owned by the        662          

county, the board shall ALSO MAY fix a reasonable tap-in charge    664          

and no CHARGES TO BE COLLECTED FOR THE PRIVILEGE OF CONNECTING TO  665          

THE DISTRIBUTION FACILITIES AND MAY REQUIRE THAT, PRIOR TO THE     666          

CONNECTION, THE CHARGES BE PAID IN FULL OR, IF DETERMINED BY THE   667          

BOARD TO BE EQUITABLE IN A RESOLUTION RELATING TO THE PAYMENT OF                

THE CHARGES, MAY REQUIRE THEIR PAYMENT IN INSTALLMENTS, AS         668          

CONSIDERED ADEQUATE BY THE BOARD, AT THE TIMES, IN THE AMOUNTS,    669          

AND WITH THE SECURITY, CARRYING CHARGES, AND PENALTIES AS MAY BE   670          

DETERMINED BY THE BOARD IN THAT RESOLUTION TO BE FAIR AND          671          

APPROPRIATE.  NO PUBLIC AGENCY OR person shall be permitted to     672          

tap into such distributing pipes CONNECT TO THOSE FACILITIES       673          

until such charge has THE CHARGES HAVE been paid in full OR        676          

                                                          16     


                                                                 
PROVISION FOR THEIR PAYMENT IN INSTALLMENTS HAS BEEN MADE.  When   677          

IF THE CONNECTION CHARGES ARE TO BE PAID IN INSTALLMENTS, THE                   

BOARD SHALL CERTIFY, TO THE COUNTY AUDITOR, INFORMATION            678          

SUFFICIENT TO IDENTIFY EACH PARCEL OF PROPERTY SERVED BY A         679          

CONNECTION AND, WITH RESPECT TO EACH PARCEL, THE TOTAL OF THE      680          

CHARGES TO BE PAID IN INSTALLMENTS, THE AMOUNT OF EACH             681          

INSTALLMENT, AND THE TOTAL NUMBER OF INSTALLMENTS TO BE PAID.                   

THE COUNTY AUDITOR SHALL RECORD AND MAINTAIN THE INFORMATION SO    682          

SUPPLIED IN THE WATERWORKS RECORD PROVIDED FOR IN SECTION 6103.16  683          

OF THE REVISED CODE UNTIL THE CONNECTION CHARGES ARE PAID IN       684          

FULL.  THE BOARD MAY INCLUDE AMOUNTS ATTRIBUTABLE TO CONNECTION    685          

CHARGES BEING PAID IN INSTALLMENTS IN ITS BILLINGS OF RATES AND    686          

OTHER CHARGES FOR WATER SUPPLIED.                                               

      (G)  WHEN any rents RATES or charges are not paid when due,  689          

the board may do either ANY or both ALL of the following:          690          

      (1)  Certify them THE UNPAID RATES OR CHARGES, together      692          

with any penalties, to the county auditor.  The county auditor     694          

shall place the certified amount upon the real property tax list   695          

and duplicate against the property served by the connection if he  696          

also receives from the board additional certification that the     698          

unpaid rents or charges have arisen pursuant to a service          699          

contract made directly with an owner who occupies the property     700          

served.  THE CERTIFIED                                                          

      The amount placed on the tax list and duplicate shall be a   702          

lien on the property from the date placed on the REAL PROPERTY     703          

TAX list and duplicate and shall be collected in the same manner   705          

as other taxes, except that, notwithstanding section 323.15 of     706          

the Revised Code, a county treasurer shall accept a payment in     707          

such THAT amount when separately tendered as payment for the full  709          

amount of such THE unpaid water rents RATES or charges and         711          

associated penalties.  The lien shall be released immediately      713          

upon payment in full of the certified amount.  All money           714          

collected as rents or tap-in charges or for water-works purposes   715          

in any district shall be paid to the county treasurer and kept in  716          

                                                          17     


                                                                 
a separate and distinct fund to the credit of such district.       717          

      (2)  Collect them THE UNPAID RATES OR CHARGES, TOGETHER      719          

WITH ANY PENALTIES, by actions at law in the name of the county    721          

from an owner, tenant, or other person who OR PUBLIC AGENCY THAT   722          

is liable to pay FOR the rents PAYMENT OF THE RATES or charges;    724          

      (3)  TERMINATE, IN ACCORDANCE WITH ESTABLISHED RULES, THE    726          

WATER SERVICE TO THE PARTICULAR PROPERTY UNLESS AND UNTIL THE      727          

UNPAID RATES OR CHARGES, TOGETHER WITH ANY PENALTIES, ARE PAID IN  728          

FULL;                                                                           

      (4)  APPLY, TO THE EXTENT REQUIRED, ANY SECURITY DEPOSIT     730          

MADE IN ACCORDANCE WITH ESTABLISHED RULES TO THE PAYMENT OF THE    731          

UNPAID RATES AND CHARGES, TOGETHER WITH ANY PENALTIES, FOR WATER   732          

SERVICE TO THE PARTICULAR PROPERTY.                                733          

      ALL MONEYS COLLECTED AS RATES, CHARGES, OR PENALTIES FIXED   735          

OR ESTABLISHED IN ACCORDANCE WITH DIVISION (F) OF THIS SECTION     736          

FOR WATER SUPPLY PURPOSES IN OR FOR ANY SEWER DISTRICT SHALL BE    737          

PAID TO THE COUNTY TREASURER AND KEPT IN A SEPARATE AND DISTINCT   738          

WATER FUND ESTABLISHED BY THE BOARD TO THE CREDIT OF THE           739          

DISTRICT.                                                                       

      Each board that assesses FIXES water rents RATES or charges  742          

MAY RENDER ESTIMATED BILLS PERIODICALLY, PROVIDED THAT AT LEAST    743          

QUARTERLY IT shall determine the actual amount of rents due based  745          

upon SCHEDULE an actual reading of each customer's meter at least  747          

once in each three-month period, and at least quarterly the board  748          

shall SO AS TO render a bill for the actual amount shown by the    750          

meter reading to be due, WITH CREDIT FOR PRIOR PAYMENTS OF ANY     751          

ESTIMATED BILLS SUBMITTED FOR ANY PART OF THE BILLING PERIOD,      752          

except THAT estimated bills may be rendered if access to a         753          

customer's meter was unobtainable IS NOT ACCESSIBLE for a timely   754          

reading OR IF THE CIRCUMSTANCES PRECLUDE A SCHEDULED READING.      755          

Each board that assesses water rents or charges ALSO shall         756          

establish procedures providing A fair and reasonable opportunity   757          

for THE resolution of billing disputes.                            758          

      When property to which water service is provided is about    760          

                                                          18     


                                                                 
to be sold, any party to the sale or his AN agent OF A PARTY may   762          

request the board to read HAVE the meter at that property READ     764          

and to render, within ten days following the date on which the     766          

request is made, a final bill for all outstanding rents RATES and  767          

charges for water service.  Such a THE request shall be made at    769          

least fourteen days prior to the transfer of the title of such     771          

THE property.                                                                   

      At any time prior to a certification under division          773          

(A)(G)(1) of this section, the board shall accept any partial      774          

payment of unpaid water rents RATES or charges, in the amount of   775          

ten dollars or more.                                               777          

      Except as otherwise provided in any resolution PROCEEDINGS   779          

authorizing or providing for the security FOR and payment of any   781          

bonds outstanding on July 1, 1958 or thereafter issued PUBLIC      782          

OBLIGATIONS, or in any indenture or trust OR OTHER agreement       784          

securing such bonds PUBLIC OBLIGATIONS, such MONEYS IN THE WATER   785          

fund shall be applied first to the conduct, PAYMENT OF THE COST    786          

OF THE management, MAINTENANCE, and operation of such THE water    788          

supply or water-works system FACILITIES OF, OR USED OR OPERATED    789          

FOR, THE SEWER DISTRICT, which COST may include THE COUNTY'S       790          

SHARE OF MANAGEMENT, MAINTENANCE, AND OPERATION COSTS UNDER        791          

COOPERATIVE CONTRACTS FOR THE ACQUISITION, CONSTRUCTION, OR USE                 

OF WATER SUPPLY FACILITIES AND, in accordance with a cost          793          

allocation plan adopted under division (B)(H) of this section,     795          

payment of all allowable direct and indirect costs of the water    796          

supply or water-works system DISTRICT, the COUNTY sanitary         797          

engineer or sanitary engineering department, or a federal or       798          

state grant program, incurred for the purposes of this chapter;,   799          

and shall be applied second to the payment of interest or          800          

principal of any loan, indebtedness or liability DEBT CHARGES      801          

PAYABLE ON ANY OUTSTANDING PUBLIC OBLIGATIONS ISSUED OR incurred   802          

in connection therewith, or for the creation ACQUISITION OR        803          

CONSTRUCTION OF WATER SUPPLY FACILITIES FOR OR SERVING THE         804          

DISTRICT, OR FOR THE FUNDING of a sinking BOND RETIREMENT OR       805          

                                                          19     


                                                                 
OTHER fund ESTABLISHED for the liquidation of any debt created in  807          

connection therewith PAYMENT OF OR SECURITY FOR THE OBLIGATIONS.   808          

Any surplus thereafter remaining may be applied to the             809          

enlargement, replacement, or extension ACQUISITION OR              810          

CONSTRUCTION of such water supply or water-works system, but in    813          

no case shall money so collected THOSE FACILITIES OR FOR THE       814          

PAYMENT OF CONTRIBUTIONS TO BE MADE, OR COSTS INCURRED, FOR THE                 

ACQUISITION OR CONSTRUCTION OF THOSE FACILITIES UNDER COOPERATIVE  815          

CONTRACTS.  MONEYS IN THE WATER FUND SHALL NOT be expended         816          

otherwise OTHER than for the use and benefit of such THE           818          

district.  No provision of this section shall limit or restrict    819          

the power and discretion of the board to determine how much of     820          

the cost of such improvements shall be borne by the county at      821          

large and how much shall be specially assessed upon benefited      822          

properties, nor the power to issue notes and bonds for the share   823          

to be borne by the county and in anticipation of the levy or       824          

collection of special assessments for the share to be specially    825          

assessed, nor the power of the board to levy special assessments   826          

upon benefited properties for operation and maintenance whenever   827          

the rents and other funds available are not sufficient to pay all  828          

the cost thereof.                                                  829          

      (B)(H)  A board of county commissioners may adopt a cost     831          

allocation plan that identifies, accumulates, and distributes      832          

allowable direct and indirect costs that may be paid from the      833          

WATER fund of the water supply or water-works system SEWER         834          

DISTRICT created in PURSUANT TO division (A)(G) of this section,   836          

and THAT prescribes methods for allocating those costs.  The plan  838          

shall authorize payment from the fund for OF only those costs      839          

incurred by the district, the COUNTY sanitary engineer or          841          

sanitary engineering department, or a federal or state grant       842          

program, and those costs incurred by the general and other funds   843          

of the county for a common or joint purpose, that are necessary    844          

and reasonable for the proper and efficient administration of the  845          

water supply or water-works system DISTRICT under this chapter.    846          

                                                          20     


                                                                 
The plan shall not authorize payment from the fund of any general  848          

government expense required to carry out the overall governmental  849          

responsibilities of a county.  The plan shall conform to United    850          

States office of management and budget Circular A-87, "Cost        851          

Principles for State and, Local, AND INDIAN TRIBAL Governments,"   853          

published January 15 MAY 17, 1983 1995.                            854          

      Sec. 6103.03.  The authority of the A board of county        863          

commissioners to provide ACQUIRE, CONSTRUCT, MAINTAIN, AND         864          

OPERATE water supply improvements and to maintain and operate the  866          

same within FACILITIES FOR A COUNTY sewer districts which include  868          

a part or all of the DISTRICT IN territory within one or more OF   869          

A municipal corporations shall be CORPORATION, OR A REGIONAL       870          

DISTRICT ESTABLISHED UNDER CHAPTER 6119. OF THE REVISED CODE,      872          

THAT IS IN WHOLE OR IN PART WITHIN THE COUNTY SEWER DISTRICT IS    873          

the same as provided by law WITH RESPECT TO TERRITORY within       874          

districts A COUNTY SEWER DISTRICT THAT IS wholly outside of A      875          

municipal corporation, including the levying of assessments.       877          

Such authority shall be limited to main works only, and shall not  878          

include construction and maintenance of lateral water mains for    879          

local service OR A REGIONAL DISTRICT, SUBJECT TO THE FOLLOWING IN  880          

THE CASE OF FACILITIES within such A municipal corporation.  The   881          

plans, specifications, and estimated cost for any improvement      882          

within the corporate limits of such municipal corporation:         883          

      (A)  THE ACQUISITION, CONSTRUCTION, MAINTENANCE, AND         885          

OPERATION OF THE FACILITIES shall FIRST be approved AUTHORIZED by  886          

AN ORDINANCE OR RESOLUTION OF the legislative authority of such    888          

THE municipal corporation prior to the letting of any contract     890          

for the construction thereof.  All                                              

      (B)  ALL road surfaces, curbs, sidewalks, sewers, water      893          

pipes SUPPLY FACILITIES, or other public IMPROVEMENTS OR property  894          

THAT MAY BE disturbed or damaged by such THE construction OF THE   895          

FACILITIES shall be REPLACED OR restored to their original         897          

condition within a reasonable time by the board COUNTY, and the    899          

cost thereof shall be TREATED AS a part of the cost of such        900          

                                                          21     


                                                                 
improvement.  After such main works are constructed, such          901          

municipal corporations may use the same as a supply for branch     902          

and lateral water mains, for the service and use only of that      903          

part of such THE FACILITIES.                                       904          

      (C)  THE municipal corporation as lies within the area       906          

assessed or to be assessed for the cost of such main works,        907          

subject to such, WITH PRIOR APPROVAL OF OR BY AGREEMENT WITH THE   908          

BOARD, MAY MAKE USE OF THE FACILITIES IN ACCORDANCE WITH rules     910          

and regulations as are established by the board and subject to     911          

all ANY APPLICABLE requirements of the director of environmental   913          

protection.                                                                     

      At any time after a district is established comprising or    915          

including a part or all of the territory within any municipal      916          

corporation, the legislative authority of such municipal           917          

corporation may by ordinance or resolution authorize the board to  918          

proceed with the construction or the maintenance, repair, and      919          

operation of any water improvement for local service within such   920          

municipal corporation.  After such authority has been granted,     921          

the board may proceed with the construction or the maintenance,    922          

repair, and operation of said improvement in the same manner as    923          

provided by law for improvements in districts wholly outside of    924          

municipal corporations, under the same restrictions as provided    925          

in this section for main works.                                    926          

      Sec. 6103.04.  (A)  Whenever any portion of a COUNTY sewer   935          

district is incorporated as a municipal corporation, or annexed    937          

to, a municipal corporation, the area so incorporated or annexed   939          

shall remain under the jurisdiction of the board of county         940          

commissioners for water-works purposes OF THE ACQUISITION AND                   

CONSTRUCTION OF WATER SUPPLY IMPROVEMENTS until any water supply   941          

or water-works ALL OF THE improvements for said THE area for       943          

which detailed plans have been prepared and the resolutions        944          

declaring the necessity thereof A RESOLUTION DESCRIBED IN          945          

DIVISION (A) OR (E) OF SECTION 6103.05 OF THE REVISED CODE has     946          

been adopted by the board have been ACQUIRED OR completed or       947          

                                                          22     


                                                                 
until said THE board has abandoned such projects THE               949          

IMPROVEMENTS.  Such THE BOARD, UNLESS AND UNTIL A CONVEYANCE IS    950          

MADE TO A MUNICIPAL CORPORATION IN ACCORDANCE WITH DIVISION (B)    951          

OF THIS SECTION, SHALL CONTINUE TO HAVE JURISDICTION IN THE AREA   952          

SO INCORPORATED OR ANNEXED WITH RESPECT TO THE MANAGEMENT,                      

MAINTENANCE, AND OPERATION OF ALL WATER SUPPLY IMPROVEMENTS SO     954          

ACQUIRED OR COMPLETED, OR PREVIOUSLY ACQUIRED OR COMPLETED,        955          

INCLUDING THE RIGHT TO ESTABLISH RULES AND RATES AND CHARGES FOR   956          

THE USE OF, AND CONNECTIONS TO, THE IMPROVEMENTS.  THE             957          

incorporation or annexation of any part of a district shall not    959          

interfere with or render illegal AFFECT THE LEGALITY OR            960          

ENFORCEABILITY OF any issue of bonds or certificate of             961          

indebtedness made PUBLIC OBLIGATIONS ISSUED OR INCURRED by the     962          

board in accordance with sections 6103.02 to 6103.30, inclusive,   964          

of the Revised Code, COUNTY FOR PURPOSES OF THIS CHAPTER to        965          

provide FOR THE payment for OF the cost of ACQUISITION,            966          

construction and, maintenance, OR OPERATION of any water SUPPLY    969          

improvements within such THE area, or with THE VALIDITY OF any     970          

assessments levied or to be levied upon the property PROPERTIES    971          

within such THE area to provide for the payment of the cost of     973          

ACQUISITION, construction and, maintenance, OR OPERATION OF THE    974          

IMPROVEMENTS.                                                      975          

      (B)  ANY COMPLETED WATER SUPPLY FACILITIES ACQUIRED OR       977          

CONSTRUCTED BY A COUNTY UNDER THIS CHAPTER FOR THE USE OF ANY      978          

COUNTY SEWER DISTRICT, OR ANY PART OF THOSE FACILITIES, THAT ARE   979          

LOCATED WITHIN A MUNICIPAL CORPORATION OR WITHIN ANY AREA THAT IS  981          

INCORPORATED AS, OR ANNEXED TO, A MUNICIPAL CORPORATION, OR ANY    982          

PART OF THE FACILITIES THAT PROVIDE WATER FOR A MUNICIPAL                       

CORPORATION OR SUCH AN AREA, MAY BE CONVEYED, BY MUTUAL AGREEMENT  983          

BETWEEN THE BOARD AND THE MUNICIPAL CORPORATION, TO THE MUNICIPAL  984          

CORPORATION ON TERMS AND FOR CONSIDERATION AS MAY BE NEGOTIATED.   985          

UPON AND AFTER THE CONVEYANCE, THE MUNICIPAL CORPORATION SHALL     986          

MANAGE, MAINTAIN, AND OPERATE THE FACILITIES IN ACCORDANCE WITH    988          

THE AGREEMENT.  THE BOARD MAY RETAIN THE RIGHT TO JOINT USE OF                  

                                                          23     


                                                                 
ALL OR PART OF ANY FACILITIES SO CONVEYED FOR THE BENEFIT OF THE   989          

DISTRICT.  NEITHER THE VALIDITY OF ANY ASSESSMENT LEVIED OR TO BE  990          

LEVIED, NOR THE LEGALITY OR ENFORCEABILITY OF ANY PUBLIC           991          

OBLIGATIONS ISSUED OR INCURRED, TO PROVIDE FOR THE PAYMENT OF THE  992          

COST OF THE ACQUISITION, CONSTRUCTION, MAINTENANCE, OR OPERATION   993          

OF THE FACILITIES OR ANY PART OF THEM SHALL BE AFFECTED BY THE                  

CONVEYANCE.                                                        994          

      Sec. 6103.05.  (A)  After the establishment of any COUNTY    1,003        

sewer district, the board of county commissioners, IF A WATER      1,005        

SUPPLY IMPROVEMENT IS TO BE UNDERTAKEN, may have prepared by the   1,007        

county sanitary engineer PREPARE, OR OTHERWISE CAUSE TO BE                      

PREPARED, FOR THE DISTRICT, OR REVISE AS NEEDED, a general plan    1,009        

of water supply and water works for such district THAT IS as       1,010        

complete as can be made DEVELOPED at that THE time.  After such    1,012        

THE general plan, IN ORIGINAL OR REVISED FORM, has been approved   1,013        

by the board, IT MAY ADOPT A RESOLUTION GENERALLY DESCRIBING THE   1,014        

WATER SUPPLY IMPROVEMENT THAT IS NECESSARY TO BE ACQUIRED OR       1,015        

CONSTRUCTED IN ACCORDANCE WITH THE PLAN, DECLARING THAT THE                     

IMPROVEMENT IS NECESSARY FOR THE PRESERVATION AND PROMOTION OF     1,016        

THE PUBLIC HEALTH AND WELFARE, AND DETERMINING WHETHER OR NOT      1,017        

SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED TO PAY ANY      1,018        

PART OF THE COST OF THE IMPROVEMENT.                                            

      (B)  IF SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED AND         1,020        

COLLECTED TO PAY ANY PART OF THE COST OF THE IMPROVEMENT, THE      1,021        

BOARD, IN THE RESOLUTION PROVIDED FOR IN DIVISION (A) OF THIS      1,022        

SECTION OR IN A SUBSEQUENT RESOLUTION, INCLUDING A RESOLUTION      1,023        

AUTHORIZING THE ISSUANCE OR INCURRENCE OF PUBLIC OBLIGATIONS FOR   1,024        

THE IMPROVEMENT, MAY AUTHORIZE THE IMPROVEMENT AND THE                          

EXPENDITURE OF THE FUNDS REQUIRED FOR ITS ACQUISITION OR           1,025        

CONSTRUCTION AND MAY PROCEED WITH THE IMPROVEMENT WITHOUT REGARD   1,026        

TO THE PROCEDURES OTHERWISE REQUIRED BY DIVISIONS (C), (D), AND    1,027        

(E) OF THIS SECTION AND BY SECTIONS 6103.06, 6103.07, AND 6117.09  1,028        

TO 6117.24 OF THE REVISED CODE.  THOSE PROCEDURES SHALL BE         1,029        

REQUIRED ONLY FOR IMPROVEMENTS FOR WHICH SPECIAL ASSESSMENTS ARE   1,030        

                                                          24     


                                                                 
TO BE LEVIED AND COLLECTED.                                                     

      (C)  IF SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED   1,032        

PURSUANT TO A DETERMINATION MADE IN THE RESOLUTION PROVIDED FOR    1,033        

IN DIVISION (A) OF THIS SECTION OR IN A SUBSEQUENT RESOLUTION,     1,034        

THE PROCEDURES REFERRED TO IN DIVISION (B) OF THIS SECTION AS      1,035        

BEING REQUIRED FOR THAT PURPOSE SHALL APPLY, AND THE BOARD MAY     1,036        

HAVE the COUNTY sanitary engineer shall prepare, OR OTHERWISE      1,038        

CAUSE TO BE PREPARED, detailed plans, specifications, and          1,039        

estimates AN ESTIMATE of cost of such part of FOR the improvement  1,041        

as it is necessary to then construct, together with a tentative    1,042        

assessment of the cost based on such THE estimate.  Such THE       1,043        

tentative assessment shall be for the information of property      1,044        

owners, and shall not be LEVIED OR certified to the county         1,045        

auditor for collection.  Such THE detailed plans, specifications,  1,047        

estimates ESTIMATE of cost, and tentative assessment, as so        1,049        

prepared by the sanitary engineer and IF approved by the board,    1,051        

shall be carefully preserved in the office of the board or the     1,052        

COUNTY sanitary engineer and shall be open to THE inspection of    1,053        

all persons interested in such improvements THE IMPROVEMENT.       1,054        

      (B)(D)  After THE BOARD'S approval of the detailed plans,    1,057        

specifications, estimates ESTIMATE of cost, and tentative          1,058        

assessment, and at least twenty-four days before adopting a        1,060        

resolution as required by PURSUANT TO division (C)(E) of this      1,062        

section, the board, EXCEPT TO THE EXTENT THAT APPROPRIATE WAIVERS  1,063        

OF NOTICE ARE OBTAINED FROM AFFECTED OWNERS, shall send CAUSE TO   1,064        

BE SENT a notice of its intent to consider or adopt a resolution   1,066        

to each owner of property PROPOSED TO BE ASSESSED that is listed   1,067        

on the records of the county auditor for current agricultural use  1,069        

value taxation pursuant to section 5713.31 of the Revised Code     1,070        

and that is not located in an agricultural district established    1,071        

under section 929.02 of the Revised Code.  The notice shall        1,072        

SATISFY ALL OF THE FOLLOWING:                                                   

      (1)  Be sent by first class or certified mail;               1,074        

      (2)  Specify the proposed date of the adoption of the        1,076        

                                                          25     


                                                                 
resolution;                                                        1,077        

      (3)  Contain a statement that the project IMPROVEMENT will   1,079        

be financed in whole or in part by special assessments and that    1,081        

all owners of property PROPERTIES not located in an agricultural   1,082        

district established pursuant to section 929.02 of the Revised     1,084        

Code may be subject to a special assessment; and                   1,085        

      (4)  Contain a statement that an agricultural district may   1,087        

be established by filing an application with the county auditor.   1,088        

      If it appears, by the return of the mailed notices or by     1,090        

other means, that one or more of the AFFECTED owners of property   1,092        

cannot be found or are not served by the mailed notice, the board  1,093        

shall publish CAUSE the notice TO BE PUBLISHED ONCE in a           1,094        

newspaper of general circulation within IN the county not later    1,096        

than ten days before the adoption of the resolution.               1,097        

      (C)(E)  After complying with divisions (A), (C), and (B)(D)  1,100        

of this section, the board shall MAY adopt a resolution declaring  1,101        

that such THE improvement, describing the same WHICH SHALL BE      1,103        

DESCRIBED AS TO ITS NATURE and ITS location, route, and termini    1,104        

thereof, is necessary for the preservation and promotion of THE    1,105        

public health and welfare and to provide fire protection,          1,106        

referring to the plans, specifications, estimates ESTIMATE of      1,107        

cost, and tentative assessment, stating the place where they are   1,109        

on file and may be examined, what part of AND PROVIDING THAT the   1,110        

ENTIRE cost OR A LESSER DESIGNATED PART OF THE COST will be paid   1,112        

by the county at large, and what part will be specially assessed   1,113        

against the benefited property PROPERTIES within the district AND  1,114        

THAT ANY BALANCE WILL BE PAID BY THE COUNTY AT LARGE FROM OTHER    1,115        

AVAILABLE FUNDS.  Such THE resolution shall also SHALL contain a   1,117        

description of the boundaries of that part of the district to be   1,119        

assessed, and may include the estimated cost of maintaining the    1,120        

improvement for one year.  The resolution shall designate a time   1,121        

and place, to be fixed by the board, when and where FOR            1,122        

objections to the improvement, to the tentative assessment, or to  1,123        

the boundaries of the assessment district will TO be heard by the  1,125        

                                                          26     


                                                                 
board.  The date of such THAT hearing shall be not less than       1,127        

twenty-four days after the date of the first publication of the    1,128        

notice of THE hearing required by this section DIVISION.           1,129        

      The board shall cause a notice of the hearing to be          1,131        

published once a week for two consecutive weeks in a newspaper of  1,132        

general circulation within IN the county, and on or before the     1,133        

date of the second publication, it shall send CAUSE TO BE SENT by  1,136        

ordinary first class or certified mail a copy of the notice to     1,138        

every owner of property to be assessed for such THE improvement    1,139        

whose address is known.                                                         

      The notice shall set forth the time and place of the         1,141        

hearing, a summary description of the proposed improvement,        1,142        

including its general route and termini, a summary description of  1,143        

the area to be assessed CONSTITUTING THE ASSESSMENT DISTRICT, and  1,145        

the place where the plans, specifications, estimates ESTIMATE of   1,146        

cost, and tentative assessments ASSESSMENT are on file and may be  1,148        

examined.  The EACH MAILED notice shall also SHALL include a       1,149        

statement that the property of the addressee will be assessed for  1,150        

such THE improvement.  Notice of such hearing THE NOTICE ALSO      1,152        

shall be mailed SENT BY FIRST CLASS OR CERTIFIED MAIL, ON OR       1,153        

BEFORE THE DATE OF THE SECOND PUBLICATION, to the clerk, OR THE    1,155        

OFFICIAL DISCHARGING THE DUTIES OF A CLERK, of any municipal       1,156        

corporation any part of which lies within the assessment district  1,157        

AND SHALL STATE WHETHER OR NOT ANY PROPERTY BELONGING TO THE       1,158        

MUNICIPAL CORPORATION IS TO BE ASSESSED AND, IF SO, SHALL                       

IDENTIFY THAT PROPERTY.  A                                         1,159        

      AT THE hearing shall be granted by, OR AT ANY ADJOURNMENT    1,162        

OF THE HEARING, OF WHICH NO FURTHER PUBLISHED OR MAILED NOTICE                  

NEED BE GIVEN, the board to SHALL HEAR all parties interested at   1,164        

the time and place fixed by such resolution and notice WHOSE       1,166        

PROPERTIES ARE PROPOSED TO BE ASSESSED.  Written objections to or  1,167        

indorsements ENDORSEMENTS of the proposed improvement, the ITS     1,169        

character and termini thereof, the boundaries of the assessment    1,171        

district, or the tentative assessment shall be received by the     1,172        

                                                          27     


                                                                 
board for a period of five days after the COMPLETION OF THE        1,173        

hearing, and no action shall be taken by the board in the matter   1,175        

until after such THAT period has elapsed.  The minutes of the      1,177        

hearing shall be entered on the journal of the board showing the   1,178        

persons who appear in person or by attorney, and all written       1,179        

objections shall be preserved and filed in the office of the       1,180        

board.                                                                          

      Sec. 6103.07.  After the passage ADOPTION of the A           1,189        

resolution to proceed with an improvement, as provided in section  1,191        

6103.06 of the Revised Code, no further action THE CONSTRUCTION    1,193        

OF THE IMPROVEMENT shall be taken or work done in connection       1,194        

therewith DEFERRED until ten days have elapsed.  If, at the        1,195        

expiration of such THAT period, no appeal has been effected by     1,196        

any property owner, as provided in sections 6117.09 to 6117.24,    1,197        

inclusive, of the Revised Code, THE ACTION OF THE BOARD OF COUNTY  1,198        

COMMISSIONERS SHALL BE FINAL, AND the board may PROCEED TO issue   1,200        

and sell bonds or certificates of indebtedness INCUR PUBLIC        1,202        

OBLIGATIONS and construct such THE improvement.  If, at the end    1,203        

of THAT ten days, any owner of property to be assessed or taxed    1,205        

for the improvement has effected an appeal, then said work THE     1,207        

CONSTRUCTION OF THE IMPROVEMENT shall not be proceeded with        1,208        

DEFERRED until the matters appealed from have been disposed of in  1,209        

court.                                                                          

      Sec. 6103.081.  (A)  After the establishment of any COUNTY   1,218        

sewer district, the board of county commissioners may determine    1,220        

by resolution that it is necessary to provide water supply         1,221        

improvements and to maintain and operate the same IMPROVEMENTS     1,222        

within the sewer district or a designated portion thereof and OF   1,223        

THE DISTRICT, that such water supply THE improvements, WHICH       1,225        

SHALL BE generally described in such THE resolution, shall be      1,226        

constructed, THAT FUNDS ARE REQUIRED TO PAY THE PRELIMINARY COSTS  1,227        

OF THE IMPROVEMENTS TO BE INCURRED PRIOR TO THE COMMENCEMENT OF    1,228        

THE PROCEEDINGS FOR THEIR CONSTRUCTION, AND THAT THOSE FUNDS                    

SHALL BE PROVIDED IN ACCORDANCE WITH THIS SECTION.                 1,229        

                                                          28     


                                                                 
      (B)  Prior to the adoption of such THE resolution, the       1,231        

board of county commissioners shall give notice of the ITS         1,233        

pendency thereof and of the proposed determination of the          1,235        

necessity of the improvements therein generally described, which   1,236        

IN THE RESOLUTION.  THE notice shall set forth a description of    1,237        

the properties to be benefited by the improvements and the time    1,238        

and place of A hearing of objections to and endorsements of the    1,240        

improvements.  Such THE notice shall be given EITHER by            1,241        

publication in a newspaper of general circulation IN THE COUNTY    1,243        

once a week for two consecutive weeks, OR BY MAILING A COPY OF     1,244        

THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO THE OWNERS OF THE   1,245        

PROPERTIES PROPOSED TO BE ASSESSED AT THEIR RESPECTIVE TAX         1,246        

MAILING ADDRESSES, OR BY BOTH MANNERS, the first publication to    1,247        

be MADE OR THE MAILING TO OCCUR at least two weeks prior to the    1,248        

date set for the hearing.  At such THE hearing, or at any          1,249        

adjournment thereof OF THE HEARING, of which no further published  1,251        

OR MAILED notice need be given, the board of county commissioners  1,252        

shall hear all persons whose properties are proposed to be         1,253        

assessed, and such THE evidence as is deemed IT CONSIDERS to be    1,255        

necessary, and shall.  THE BOARD then SHALL determine the          1,256        

necessity of the proposed improvement, IMPROVEMENTS and in         1,257        

addition shall determine whether such THE improvements shall be    1,260        

made by the board of county commissioners and, IF THEY ARE TO BE   1,261        

MADE, shall direct the preparation of tentative assessments upon   1,262        

the benefited properties and by whom they shall be prepared.       1,263        

      Thereupon in (C)  IN order to obtain funds for the           1,265        

preparation of a general OR REVISED GENERAL plan of water supply   1,267        

and waterworks for such THE district or part thereof and OF THE    1,268        

DISTRICT, FOR THE PREPARATION OF the detailed plans,               1,269        

specifications, estimates ESTIMATE of cost, preparation of the     1,270        

AND tentative assessment FOR THE PROPOSED IMPROVEMENTS, and FOR    1,271        

the cost of financing and legal services incident to the           1,272        

preparation of all of such THOSE plans and a plan of financing     1,273        

the proposed improvement IMPROVEMENTS, the board of county         1,275        

                                                          29     


                                                                 
commissioners may levy upon the property PROPERTIES to be          1,277        

benefited in such THE district a preliminary assessment            1,278        

apportioned according to benefits or to tax valuation or partly    1,280        

by one method and partly BY the other METHOD as the board of       1,282        

county commissioners may determine.  Such THE assessments shall    1,283        

be in the amount determined to be necessary to obtain funds for    1,284        

such THE general and detailed plans and such costs THE COST of     1,286        

financing and legal services and shall be payable in such THE      1,288        

number of years as THAT the board of county commissioners shall    1,289        

determine, not to exceed twenty years, together with interest on   1,290        

any notes and bonds which PUBLIC OBLIGATIONS THAT may be issued    1,292        

OR INCURRED in anticipation of the collection of such THE          1,294        

assessments.                                                       1,295        

      (D)  The board of county commissioners shall have power at   1,297        

any time to levy additional assessments according to benefits or   1,299        

to tax valuation or partly by one method and partly by the other   1,300        

METHOD as the board of county commissioners may determine for      1,302        

such THE purposes DESCRIBED IN DIVISION (C) OF THIS SECTION upon   1,303        

such THE BENEFITED properties to complete the payment of such THE  1,305        

costs DESCRIBED IN DIVISION (C) OF THIS SECTION or to pay the      1,307        

cost of any additional plans, specifications, estimates ESTIMATE   1,308        

of cost, OR tentative assessments ASSESSMENT and the cost of       1,309        

financing and legal services incident to the preparation of such   1,310        

THOSE plans and such THE plan of financing, which additional       1,312        

assessments shall be payable in such THE number of years as THAT   1,313        

the legislative authority BOARD shall determine, not to exceed     1,314        

twenty years, together with interest on any notes and bonds which  1,316        

PUBLIC OBLIGATIONS THAT may be issued OR INCURRED in anticipation  1,317        

of the collection thereof OF THE ADDITIONAL ASSESSMENTS.           1,319        

      (E)  Prior to the adoption of the A resolution levying such  1,322        

assessments UNDER THIS SECTION, the board shall give at least ten  1,323        

days' notice EITHER BY ONE PUBLICATION in one A newspaper of       1,324        

general circulation in the county which shall state, OR BY         1,326        

MAILING A COPY OF THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO   1,327        

                                                          30     


                                                                 
THE OWNERS OF THE PROPERTIES PROPOSED TO BE ASSESSED AT THEIR      1,328        

RESPECTIVE TAX MAILING ADDRESSES, OR BY BOTH MANNERS, THE          1,329        

PUBLICATION TO BE MADE OR THE MAILING TO OCCUR AT LEAST TEN DAYS                

PRIOR TO the time and place when and where such DATE OF THE        1,331        

MEETING AT WHICH THE resolution shall be taken up for              1,333        

consideration; THAT NOTICE SHALL STATE THE TIME AND PLACE OF THE   1,334        

MEETING AT WHICH THE RESOLUTION IS TO BE CONSIDERED.  At such THE  1,335        

time and place OF THE MEETING, or at any adjournment thereof OF    1,337        

THE MEETING, of which no further published OR MAILED notice need   1,338        

be given, the board shall hear all persons whose properties are    1,339        

proposed to be assessed, shall correct any errors and make any     1,340        

revisions that appear to be necessary or just, and may then pass   1,341        

MAY ADOPT a resolution levying upon the properties determined to   1,342        

be benefited such THE assessments as so corrected and revised.     1,343        

      The assessments levied by such THE resolution shall be       1,345        

certified to the county auditor for collection IN THE SAME MANNER  1,347        

as other taxes in the year or years in which they are payable.     1,349        

      (F)  Upon the adoption of such THE resolution DESCRIBED IN   1,352        

DIVISION (E) OF THIS SECTION, no further action shall be taken or  1,353        

work done until ten days have elapsed.  If, at the expiration of   1,354        

such THAT period, no appeal has been effected by any property      1,356        

owner as herein provided IN THIS DIVISION, the action of the       1,359        

board shall be final.  If, at the end of THAT ten days, any owner  1,360        

of property to be assessed for the improvement IMPROVEMENTS has    1,361        

effected such an appeal then, no further action shall be taken     1,363        

and no work done in connection with such THE improvements under    1,366        

said THE resolution until the matters appealed from have been      1,367        

disposed of in court.                                              1,368        

      Any owner of property to be assessed may appeal as provided  1,370        

and upon the grounds stated in sections 6117.09 to 6117.24,        1,371        

inclusive, of the Revised Code.                                    1,372        

      If no appeal has been perfected or if on appeal the          1,374        

resolution of award of county commissioners THE BOARD is           1,375        

sustained, the board of county commissioners may authorize AND     1,377        

                                                          31     


                                                                 
ENTER INTO contracts to carry out the purpose for which such THE   1,378        

assessments have been levied without the prior issuance of notes,  1,379        

provided that the payments due by the board of county              1,381        

commissioners UNDER THOSE CONTRACTS do not fall due prior to the   1,382        

time in BY which such THE assessments shall ARE TO be collected.   1,384        

The board of county commissioners shall also have the power to     1,386        

MAY issue and sell its bonds with a maximum maturity of twenty     1,388        

years in anticipation of the collection of such THE assessments    1,389        

and may issue its notes in anticipation of the issuance of such    1,390        

THE bonds, which notes and bonds, AS PUBLIC OBLIGATIONS, shall be  1,392        

issued and sold as provided in Chapter 133. of the Revised Code.   1,394        

      Sec. 6103.11.  Whenever the owners of all the lots and       1,403        

lands to be benefited by and to be assessed for any water supply   1,405        

or water-works system, IMPROVEMENT provided for in sections        1,407        

6103.02 to 6103.30, inclusive, of the Revised Code THIS CHAPTER,   1,408        

by petition in writing, request the board of county commissioners  1,409        

to provide for the ACQUISITION OR construction, maintenance, and   1,410        

operation of any such THE improvement, describing the improvement  1,412        

desired and the lots and lands owned by them respectively to be    1,414        

assessed to pay the cost and OF ACQUISITION OR CONSTRUCTION,       1,416        

maintenance, AND OPERATION of such THE improvement, and            1,417        

consenting that their said lots and lands may be assessed to pay   1,418        

the cost of such THE ACQUISITION OR CONSTRUCTION OF THE            1,419        

improvement and of ITS maintenance and operation as provided in    1,420        

such sections THIS CHAPTER, and waive notice and the publication   1,422        

of all resolutions and legal notices provided for in such          1,424        

sections OTHERWISE REQUIRED, the board shall MAY have THE COUNTY   1,426        

SANITARY ENGINEER PREPARE, OR OTHERWISE CAUSE TO BE prepared, the  1,427        

necessary plans, specifications, and estimates ESTIMATE of cost    1,429        

of THE ACQUISITION OR construction, maintenance, and operation     1,432        

thereof, OF THE IMPROVEMENT and a tentative assessment.  When all  1,433        

of the owners of the lots and lands to be benefited by and         1,434        

assessed for the proposed improvement in writing state, IN         1,435        

WRITING, that they have examined the estimated ESTIMATE OF cost    1,436        

                                                          32     


                                                                 
and tentative assessment as made by the county sanitary engineer,  1,437        

that they have no objections thereto TO THEM, and that, in case    1,439        

bonds are sold PROPOSED TO BE ISSUED prior to the ACQUISITION OR   1,441        

construction of the improvement, they waive their right or option  1,442        

to pay the assessments in cash, then the board shall MAY proceed,  1,444        

as provided in such sections, THIS CHAPTER to construct such       1,446        

CAUSE THE improvement TO BE ACQUIRED OR CONSTRUCTED and make       1,447        

provisions TO CAUSE PROVISION TO BE MADE for the payment of the    1,448        

cost of ITS ACQUISITION OR construction, maintenance, and          1,449        

operation, as provided in such sections, except that none of the   1,451        

notices or publications OTHERWISE required by law need be made     1,452        

nor any GIVEN AND NO opportunity NEED be given PROVIDED for the    1,453        

filing of objections to the improvement, ITS CHARACTER AND         1,454        

TERMINI, THE BOUNDARIES OF THE ASSESSMENT DISTRICT, or to the      1,455        

assessments, TENTATIVE ASSESSMENT or, if bonds have been sold ARE  1,457        

ISSUED PRIOR TO THE ACQUISITION OR CONSTRUCTION OF THE             1,458        

IMPROVEMENT, for paying the assessments in cash, and the.  THE     1,460        

board shall forthwith MAY proceed to authorize and issue bonds or  1,461        

certificates INCUR PUBLIC OBLIGATIONS IN THE REQUIRED AMOUNT,      1,462        

COMPLETE THE ACQUISITION OR CONSTRUCTION of indebtedness THE       1,463        

IMPROVEMENT, and levy and collect the assessments authorized by    1,466        

sections 6103.02 to 6103.30, inclusive, of the Revised Code, and   1,467        

no THIS CHAPTER.  NO person, firm, or corporation PUBLIC AGENCY    1,469        

shall have the right to appeal from any decision or action of the  1,471        

board in the matter except refusal by the board to proceed with                 

such THE improvement.  The                                         1,473        

      THE tentative assessment provided for in this section shall  1,475        

be for the information of property owners and shall not be LEVIED  1,476        

OR certified to the county auditor for collection.  On completion  1,480        

of the work IMPROVEMENT, the ITS cost thereof shall be             1,481        

determined, including incidental expense as defined in sections    1,483        

6103.02 to 6103.30, inclusive, of the Revised Code, and a revised  1,485        

assessment shall be prepared by the COUNTY sanitary engineer       1,486        

SHALL PREPARE, OR OTHERWISE CAUSE TO THE BE PREPARED, A REVISED    1,487        

                                                          33     


                                                                 
ASSESSMENT based on such THE actual cost and in substantially the  1,489        

same proportion as the tentative assessment.  The board shall      1,490        

confirm such AND LEVY THE revised assessment and certify the same  1,492        

IT to the COUNTY auditor for collection.                           1,493        

      Sec. 6103.12.  The cost of any improvement provided for in   1,502        

sections 6103.02 to 6103.30, inclusive, of the Revised Code, THIS  1,504        

CHAPTER and the cost of the ITS maintenance and operation          1,506        

thereof, shall include, in addition to the cost of ITS                          

ACQUISITION OR construction, the cost of engineering, necessary    1,508        

publications, inspection, interest on certificates of              1,509        

indebtedness or on bonds PUBLIC OBLIGATIONS, and all other items   1,510        

of cost incident to such THE improvement AS DESCRIBED IN DIVISION  1,511        

(B) OF SECTION 133.15 OF THE REVISED CODE.  The county may pay     1,512        

FROM AVAILABLE COUNTY FUNDS any part of the cost of such THE       1,513        

improvement and any part of the COST OF ITS maintenance and        1,514        

operation thereof if the board of county commissioners deems such  1,516        

CONSIDERS THE payment TO BE just.                                  1,517        

      Sec. 6103.13.  The cost and expense of the ACQUISITION OR    1,526        

construction of a main, branch, local or reinforcing pipe line     1,528        

and water supply FACILITIES to be paid by assessments shall be     1,531        

assessed, as an assessment district assessment, upon all the                    

property within said THE COUNTY SEWER district found to be         1,533        

benefited in accordance with the special benefits conferred, less  1,535        

such ANY part of said THE cost as shall be THAT IS paid by the     1,536        

county at large FROM OTHER AVAILABLE FUNDS.  State land so         1,538        

benefited and any state land benefited by pavement, sidewalk,      1,539        

sewage, or other improvement of value shall bear its proportion    1,540        

PORTION of THE assessed costs according to its special benefit     1,542        

COST.                                                                           

      Sec. 6103.15.  The county sanitary engineer, upon the        1,551        

completion of any improvement under sections 6103.02 to 6103.30,   1,552        

inclusive, of the Revised Code IN ACCORDANCE WITH THIS CHAPTER,    1,553        

shall prepare, OR OTHERWISE CAUSE TO BE PREPARED, and SHALL        1,555        

present to the board of county commissioners, a revised            1,556        

                                                          34     


                                                                 
assessment, based on the tentative assessment previously ratified  1,557        

by the board for such THE improvement, or, if such THE tentative   1,560        

assessment has been revised by order of court, BASED on such THE   1,563        

revised tentative assessment, the assessment levied on each piece  1,565        

of property being modified in substantially the same proportion                 

as the actual cost of the work IMPROVEMENT, including incidental   1,566        

costs, bears to the estimated cost on which such THE tentative     1,569        

assessment was based.  No notice of such THE revised assessment    1,571        

shall be given unless such THE actual cost exceeds the estimated   1,572        

cost.  If the actual cost exceeds the estimated cost, notice       1,573        

shall be given TO all property owners within the assessment        1,575        

district and shall be published as provided by section 6103.06 of  1,576        

the Revised Code for amendments of the tentative assessment, and   1,578        

any property owners OWNER may appeal as provided for in THE case   1,580        

of A tentative assessments ASSESSMENT.  The board shall confirm    1,582        

such THE revised assessment, and, when so confirmed, the same IT   1,583        

shall be final and conclusive.  If an appeal has been made, such   1,585        

THAT confirmation shall be subject to the finding of the court.    1,586        

The                                                                1,587        

      THE board may, at such intervals as it deems CONSIDERS       1,591        

expedient, assess MAY LEVY AN ADDITIONAL ASSESSMENT ON the lots    1,592        

and parcels of land specified in said notice of assessment and     1,594        

levy taxes upon the taxable property of the district so improved   1,596        

ASSESSED FOR THE IMPROVEMENT, INCLUDING STATE LAND, IN ORDER to    1,597        

pay the cost of the maintenance, REPAIR, and operation of any      1,599        

such THE improvement, after ITS completion thereof, and no.  NO    1,601        

further notice shall be necessary of such maintenance, repair, or  1,602        

operation THAT ADDITIONAL assessment SHALL BE NECESSARY unless     1,604        

the amount thereof OF IT exceeds ten per cent of the original      1,605        

cost of the construction ACQUIRING OR CONSTRUCTING THE             1,606        

IMPROVEMENT.  If such maintenance, repair, or operation THAT       1,607        

ADDITIONAL assessment exceeds ten per cent of the original cost    1,610        

of the construction ACQUIRING OR CONSTRUCTING THE IMPROVEMENT,     1,611        

the method and manner of making such THAT ADDITIONAL assessment,   1,612        

                                                          35     


                                                                 
together with the notice thereof OF IT, shall be the same as       1,613        

provided by sections 6103.02 to 6103.30, inclusive, of the         1,614        

Revised Code, IN THIS CHAPTER for the original assessment.  THAT   1,616        

ADDITIONAL ASSESSMENT SHALL BE SUBJECT TO ANY APPLICABLE           1,617        

PROVISIONS OF SECTION 6103.16 OF THE REVISED CODE, PROVIDED THAT                

THE ASSESSMENT MAY BEAR INTEREST AT A RATE THAT THE BOARD          1,618        

DETERMINES TO BE APPROPRIATE.                                      1,619        

      Sec. 6103.17.  Whenever the legislative authority or board   1,628        

of health, or the officers performing the duties of a legislative  1,629        

authority or board of health, of a municipal corporation, the      1,630        

board of health of a general health district, or a board of        1,631        

township trustees makes complaint, in writing, to the director of  1,632        

environmental protection AGENCY that unsafe water supply           1,633        

conditions exist in any county, the AGENCY'S director shall        1,634        

forthwith SHALL inquire into and investigate the conditions        1,636        

complained of.  If, upon investigation of such THE complaint, the  1,637        

director finds that it is necessary for the public health and      1,639        

welfare that any improvement mentioned in sections 6103.01 and     1,640        

6103.02 of the Revised Code WATER SUPPLY FACILITIES be ACQUIRED    1,642        

OR constructed, maintained, and operated for the service of TO     1,643        

SERVE any territory outside of municipal corporations in any       1,645        

county, the director shall notify the board of county              1,646        

commissioners of such THE county of his THAT finding AND ORDER     1,648        

THAT CORRECTIVE ACTION BE TAKEN.  The board shall obey such THE    1,649        

order and proceed, as provided in sections THIS CHAPTER AND        1,650        

SECTION 6117.01, 6117.02, and 6103.02 to 6103.30 of the Revised    1,652        

Code, to establish a COUNTY sewer district, IF REQUIRED, TO        1,654        

provide THE necessary funds, and TO ACQUIRE OR construct such      1,655        

public water supplies THE FACILITIES, or AND TO maintain, repair,  1,657        

or AND operate the same FACILITIES, as are required by such THE    1,659        

order and in such A manner as THAT is satisfactory to the          1,661        

director.  Any part OR ALL of the cost of such improvement THE     1,662        

FACILITIES or OF THE maintenance AND OPERATION OF THE FACILITIES   1,663        

may be assessed upon the property benefited PROPERTIES as          1,664        

                                                          36     


                                                                 
provided in such sections THIS CHAPTER.                            1,665        

      Sec. 6103.20.  (A)  At any time after the formation of any   1,674        

COUNTY sewer district, the board of county commissioners, when     1,677        

deemed expedient IT CONSIDERS IT APPROPRIATE, on application by a  1,678        

corporation, individual, PERSON or public institution AGENCY FOR   1,680        

THE SUPPLY OF WATER TO PROPERTIES OF THAT PERSON OR PUBLIC AGENCY  1,681        

LOCATED outside of any THE district, may contract with such        1,682        

corporation, individual, THE PERSON or public institution AGENCY   1,683        

for supplying water to their premises THOSE PROPERTIES FROM WATER  1,685        

SUPPLY FACILITIES ACQUIRED OR CONSTRUCTED OR TO BE ACQUIRED OR     1,686        

CONSTRUCTED BY THE COUNTY TO SERVE THE DISTRICT, on such terms as  1,688        

are THAT THE BOARD CONSIDERS equitable, but the.  THE amount to    1,689        

be paid BY THE PERSON OR PUBLIC AGENCY TO REIMBURSE THE COUNTY     1,690        

FOR COSTS OF ACQUIRING OR CONSTRUCTING THOSE FACILITIES shall not  1,691        

be less than the original OR COMPARABLE assessment for similar     1,692        

property within the district OR, IN THE ABSENCE OF AN ORIGINAL OR  1,693        

COMPARABLE ASSESSMENT, AN AMOUNT THAT IS FOUND BY THE BOARD TO BE  1,694        

REASONABLE AND FAIRLY REFLECTIVE OF THAT PORTION OF THE COST OF    1,695        

THOSE FACILITIES ATTRIBUTABLE TO THE PROPERTIES TO BE SERVED.      1,696        

Such THE board in any such case shall appropriate any moneys       1,697        

received for such THAT service to and for the use and benefit of   1,698        

such THE district.  When the THE board deems it necessary to       1,700        

contract with a corporation, individual, or public institution     1,702        

outside of any district for supplying water to their premises      1,703        

from water supply lines constructed or to be constructed to serve               

such district, it shall so determine by resolution and may         1,705        

collect said THE amount TO BE PAID BY THE PERSON OR PUBLIC AGENCY  1,706        

IN FULL, in cash OR IN INSTALLMENTS AS A PART OF A CONNECTION      1,708        

CHARGE TO BE COLLECTED IN ACCORDANCE WITH DIVISION (F) OF SECTION  1,709        

6103.02 OF THE REVISED CODE, or, IF THE PROPERTIES TO BE SERVED    1,711        

ARE LOCATED WITHIN THE COUNTY, the same AMOUNT may be assessed     1,712        

against said lots or parcels of land THOSE PROPERTIES, and, IN     1,714        

THAT EVENT, the manner of making such THE assessment, together     1,715        

with the notice thereof OF IT, shall be the same as provided in    1,717        

                                                          37     


                                                                 
sections 6103.02 to 6103.30, inclusive, of the Revised Code, for   1,719        

the original assessment THIS CHAPTER.                                           

      (B)  Whenever a water supply line has FACILITIES HAVE been   1,722        

ACQUIRED OR constructed by, AND AT THE EXPENSE OF, a corporation,  1,723        

individual, PERSON or public institution at its own expense for    1,724        

the purpose of supplying water to any allotment, development,      1,727        

subdivision, or similar enterprise, or to any institution, AGENCY  1,728        

and it is deemed expedient by the board CONSIDERS IT APPROPRIATE   1,729        

to acquire said water supply line THE FACILITIES or any part       1,731        

thereof OF THEM for the purpose of supplying water to territory    1,733        

outside the allotment, subdivision, development, or other such     1,734        

enterprise for which such line was constructed, and such           1,736        

additional territory is within a COUNTY SEWER district, the        1,737        

county sanitary engineer, AT THE DIRECTION OF THE BOARD, shall     1,738        

examine it and if he THE FACILITIES.  IF THE COUNTY SANITARY       1,739        

ENGINEER finds the same FACILITIES properly designed and           1,741        

constructed, he THE COUNTY SANITARY ENGINEER shall make an         1,742        

appraisal of its present value to the district as a means of       1,744        

supplying water to territory outside the allotment, subdivision,   1,745        

development, or similar enterprise for which it was originally                  

constructed and shall certify such value THAT FACT to the board.   1,747        

In such appraisal no allowance shall be made for the value of      1,748        

such water supply line to the territory for the service of which   1,749        

it was originally constructed. THE                                 1,750        

      The board, by resolution, may determine to purchase said     1,752        

water supply line THE FACILITIES OR ANY PART OF THEM at a cost     1,755        

not to exceed its present value as certified by THAT, AFTER                     

CONSULTATION WITH the COUNTY sanitary engineer, IT FINDS TO BE     1,757        

REASONABLE.  For                                                   1,758        

      SUBJECT TO AND IN ACCORDANCE WITH THIS DIVISION AND          1,760        

DIVISION (B) OR DIVISIONS (C), (D), AND (E) OF SECTION 6103.05 OF  1,763        

THE REVISED CODE, THE BOARD MAY PURCHASE THE FACILITIES OR ANY                  

PART OF THEM BY NEGOTIATION.  FOR the purpose of paying for the    1,764        

water supply line and the maintenance thereof COST OF THEIR        1,767        

                                                          38     


                                                                 
ACQUISITION, the board may issue bonds or certificates of          1,768        

indebtedness INCUR PUBLIC OBLIGATIONS and assess the ENTIRE cost,  1,770        

OR A LESSER DESIGNATED PART OF THE COST, OF THEIR ACQUISITION      1,771        

against the benefited property PROPERTIES in the same manner as    1,772        

provided by law IN THIS CHAPTER for the construction of an         1,774        

original water supply line OR COMPARABLE FACILITIES.               1,775        

      Sec. 6103.21.  At any time after the formation of any        1,784        

COUNTY sewer district, the board of county commissioners may       1,787        

enter into a contract, upon such THE terms and for such THE        1,788        

period of time as are THAT IS mutually agreed upon, with any       1,790        

municipal corporation or any other county PUBLIC AGENCY to         1,791        

prepare ALL necessary plans and estimates of cost and to ACQUIRE   1,793        

OR construct any water supply improvement FACILITIES THAT ARE to   1,794        

be used jointly by the contracting parties, and to provide for     1,795        

the furnishing of water and for the MAINTENANCE, OPERATION, AND    1,796        

joint use by such THE contracting parties of such THOSE water      1,797        

supply improvement FACILITIES or the MAINTENANCE, OPERATION, AND   1,799        

joint use of any suitable existing water supply or water mains     1,800        

SUPPLY FACILITIES belonging to either of such THE CONTRACTING      1,801        

parties.                                                           1,802        

      Sec. 6103.22.  All contracts under section 6103.21 of the    1,811        

Revised Code shall provide for THE payment OF COMPENSATION to the  1,813        

county or municipal corporation OTHER PUBLIC AGENCY owning,        1,814        

ACQUIRING, OR constructing, or agreeing to ACQUIRE OR construct,   1,815        

the water supply improvement FACILITIES to be jointly used of the  1,817        

IN AN amount agreed upon as the other party's share of the cost    1,818        

of ACQUIRING OR CONSTRUCTING the water supply improvement          1,820        

FACILITIES.  The contract also shall provide for payment OF        1,822        

COMPENSATION to the county or municipal corporation OTHER PUBLIC   1,823        

AGENCY owning, ACQUIRING, or constructing THE FACILITIES and       1,825        

OPERATING AND maintaining the improvement of the THEM IN AN        1,827        

amount agreed upon for AS the other party's share of the cost of   1,828        

operating and maintaining the water supply improvement THEM,       1,829        

including the cost of water, or, in lieu of all other OR           1,831        

                                                          39     


                                                                 
DIFFERING payments, an agreed price per unit for water furnished.  1,832        

A county or municipal corporation OTHER PUBLIC AGENCY owning,      1,833        

ACQUIRING, OR constructing, or agreeing to ACQUIRE OR construct    1,835        

a, ANY water supply improvement FACILITIES and permitting the      1,836        

AGREEING TO THEIR use of it by another county or municipal         1,838        

corporation PUBLIC AGENCY shall retain full control and            1,839        

management of the ACQUISITION, construction, maintenance, repair,  1,840        

and operation of the improvement, FACILITIES, UNLESS OTHERWISE     1,841        

PROVIDED IN THE CONTRACT AND except, IN THE CASE OF A COUNTY,      1,843        

when conveyed to a municipal corporation as provided in this       1,844        

section DIVISION (B) OF SECTION 6103.04 OF THE REVISED CODE.  ANY  1,845        

CONTRACT RELATING TO FACILITIES UNDER THE JURISDICTION OF THE      1,846        

DIRECTOR OF ENVIRONMENTAL PROTECTION SHALL BE APPROVED BY THE      1,847        

DIRECTOR BEFORE GOING INTO EFFECT.                                              

      A completed water supply or water-works system, as defined   1,849        

in sections 6103.01 and 6103.02 of the Revised Code, for the use   1,850        

of any sewer district, constructed under this chapter, and any     1,851        

part thereof, located within any municipal corporation or within   1,852        

any area that may be incorporated as a municipal corporation or    1,853        

annexed to an existing municipal corporation, or that provides     1,854        

water for such an area, by mutual agreement between the board of   1,855        

county commissioners and the municipal corporation may be          1,856        

conveyed to the municipal corporation, which shall thereafter      1,857        

maintain and operate the water supply or water-works.  The board                

may retain the right to joint use of the water supply or           1,858        

water-works for the benefit of the district.  The validity of any  1,859        

assessment that has been levied or may be levied thereafter to     1,860        

provide means for the payment of the cost of the construction or   1,861        

maintenance of the water supply or water-works or any part of it   1,862        

shall not be affected by the conveyance.                                        

      Sec. 6103.23.  The A county or municipal corporation OTHER   1,872        

PUBLIC AGENCY contracting as provided in sections 6103.20 to       1,873        

6103.21 AND 6103.22, inclusive, of the Revised Code, for the       1,875        

joint use of any water supply improvement FACILITIES ACQUIRED OR   1,876        

                                                          40     


                                                                 
constructed, or to be ACQUIRED OR constructed, by another county   1,878        

or municipal corporation PUBLIC AGENCY may provide for payment of  1,879        

the agreed compensation by the levy of taxes, OR special           1,880        

assessments, or FROM water rentals as now provided in RATES AND    1,883        

CHARGES, IF AND TO THE EXTENT THAT THE PUBLIC AGENCY IS            1,884        

AUTHORIZED BY the laws governing such county or municipal                       

corporation IT in the ACQUISITION, construction, maintenance,      1,886        

repair, or operation of a water supply improvement FACILITIES TO   1,887        

PROVIDE FOR PAYMENT OF COSTS IN RESPECT OF WHICH THE COMPENSATION  1,888        

IS DUE FROM THOSE SOURCES, and may issue bonds OR INCUR PUBLIC     1,889        

OBLIGATIONS as provided by such THOSE laws in anticipation of      1,890        

such taxes or assessments AND PAY THE DEBT CHARGES ON THOSE        1,891        

OBLIGATIONS FROM THOSE SOURCES, IF AND TO THE EXTENT SO            1,892        

AUTHORIZED.                                                                     

      Sec. 6103.24.  The A county or municipal corporation OTHER   1,902        

PUBLIC AGENCY receiving the compensation provided for in section   1,904        

6103.22 of the Revised Code shall credit the amount so received    1,905        

to the proper fund to be used and applied towards FOR the          1,906        

ACQUISITION, construction, or OPERATION AND maintenance, as the    1,907        

case may be, of the water supply improvement and other water       1,909        

works to be jointly used FACILITIES OR FOR OTHER AUTHORIZED        1,910        

PURPOSES.                                                          1,911        

      Sec. 6103.25.  Whenever, in the opinion of the board of      1,920        

county commissioners, it is necessary to procure ACQUIRE real      1,922        

estate, a right of way, or an easement ANY INTEREST IN REAL        1,923        

ESTATE for the ACQUISITION, construction, MAINTENANCE, or          1,924        

operation of any water supply or other improvement FACILITIES      1,925        

authorized by sections 6103.02 to 6103.30, inclusive, of the       1,927        

Revised Code THIS CHAPTER, or TO ACQUIRE the right to ACQUIRE,     1,929        

construct, maintain, and operate such water supply or other        1,930        

improvement THOSE FACILITIES in and upon any property within or    1,932        

without OUTSIDE OF a COUNTY sewer district, it may purchase the    1,933        

same REAL ESTATE, INTEREST IN REAL ESTATE, OR RIGHT BY             1,934        

NEGOTIATION.  If such THE board and the owner thereof OF THE REAL  1,936        

                                                          41     


                                                                 
ESTATE, INTEREST IN REAL ESTATE, OR RIGHT are unable to agree      1,937        

upon its purchase and sale, or the amount of damage DAMAGES to be  1,939        

awarded therefor FOR IT, the board may appropriate such THE real   1,942        

estate, right of way, easement INTEREST, or right, in accordance   1,944        

with sections 163.01 to 163.22, inclusive, of the Revised Code.    1,946        

The board shall perform all acts and duties required to be         1,948        

performed by the mayor or legislative authority of a municipal     1,949        

corporation by such laws and the passage of equivalent                          

resolutions and ordinances to be passed by the legislative         1,950        

authority of a municipal corporation.  In the construction,        1,951        

maintenance, and operation of any water supply or waterworks       1,952        

system, as provided in sections 6103.02 to 6103.30, inclusive, of  1,953        

the Revised Code, the necessary resolutions, waivers, and                       

notices, provided for in such sections, may be passed, made, and   1,954        

given at the same time, or may be included in any similar          1,955        

resolution, waiver, or notice passed, made, or given for the       1,956        

construction, maintenance, and operation of any sewer or sewage    1,957        

disposal works in the same district.                                            

      Sec. 6103.29.  No person OR PUBLIC AGENCY shall tamper with  1,966        

or damage any water supply FACILITY ACQUIRED or water main         1,968        

constructed BY A COUNTY under sections 6103.02 to 6103.30,                      

inclusive, of the Revised Code, THIS CHAPTER or any apparatus or   1,970        

accessory connected therewith WITH IT or pertaining thereto.  No   1,972        

person shall TO IT, OR make any connection INTO OR with such THE   1,973        

water supply or water main FACILITY, without THE permission of     1,974        

the board of county commissioners, or make any such connection in  1,976        

a manner or for a use other than as prescribed by such THE board.  1,977        

No person OR PUBLIC AGENCY shall refuse to permit the inspection   1,978        

by the county sanitary engineer of any such connection or          1,981        

willfully cause the pollution of any water supply.  No person OR   1,982        

PUBLIC AGENCY shall violate sections 6103.02 to 6103.30,           1,983        

inclusive, of the Revised Code ANY OTHER PROVISION OF THIS         1,984        

CHAPTER.  All fines collected under section 6103.99 of the         1,985        

Revised Code shall be paid to the county treasurer and credited    1,986        

                                                          42     


                                                                 
to such THE fund as THAT the board determines TO BE MOST           1,988        

APPROPRIATE AFTER CONSIDERATION OF THE NATURE AND EXTENT OF THE    1,989        

PARTICULAR VIOLATIONS.                                                          

      Sec. 6103.31.  (A)  If THE BOARD OF COUNTY COMMISSIONERS     1,998        

DETERMINES BY RESOLUTION THAT the best interests of the county     1,999        

and the users of a public water supply FACILITIES of the county    2,001        

SERVING A SEWER DISTRICT so require, the board of county           2,002        

commissioners may sell or otherwise dispose of such public water   2,003        

supply THE FACILITIES to another political subdivision, PUBLIC     2,005        

AGENCY OR A person, firm, or private corporation.  The resolution  2,006        

declaring the necessity therefor OF THAT DISPOSITION shall recite  2,007        

the reason REASONS for the sale or OTHER disposition and shall     2,009        

include ESTABLISH any conditions or terms of sale which THAT the   2,010        

board imposes MAY IMPOSE, including the proposed, BUT NOT LIMITED  2,011        

TO, A MINIMUM sales price, IF A SALE IS PROPOSED, A REQUIREMENT    2,012        

FOR THE SUBMISSION BY BIDDERS OF the schedule of water rates and   2,014        

charges INITIALLY PROPOSED to be imposed upon PAID BY THE users    2,015        

of the water supply FACILITIES, and such other pertinent           2,016        

CONDITIONS OR terms and provisions relating to the sale or OTHER   2,018        

disposition of the water supply as the board determines.  THE      2,021        

RESOLUTION ALSO SHALL DESIGNATE A TIME AND PLACE FOR THE HEARING   2,022        

OF OBJECTIONS TO THE SALE OR OTHER DISPOSITION BY THE BOARD.       2,023        

Notice of the passage ADOPTION of the resolution AND THE TIME AND  2,024        

PLACE OF THE HEARING shall be published ONCE A WEEK for two        2,027        

consecutive weeks, on the same day of the week, in a newspaper of  2,028        

general circulation in the sewer district and IN THE county        2,030        

served by the public water supply and a.  THE public hearing ON    2,032        

THE SALE OR OTHER DISPOSITION SHALL BE held thereon not less than  2,033        

twenty-four days following the date of first publication of the    2,036        

notice of passage of the resolution.  Notice of the passage of     2,038        

the resolution shall A COPY OF THE NOTICE also SHALL be mailed     2,039        

SENT BY FIRST CLASS OR CERTIFIED MAIL, ON OR BEFORE THE DATE OF    2,040        

THE SECOND PUBLICATION, to any municipality PUBLIC AGENCY within   2,042        

the water supply service area of the sewer district SERVED BY THE  2,043        

                                                          43     


                                                                 
FACILITIES.  Five AT THE PUBLIC HEARING, OR AT ANY ADJOURNMENT OF  2,044        

IT, OF WHICH NO FURTHER PUBLISHED OR MAILED NOTICE NEED BE GIVEN,  2,045        

THE BOARD SHALL HEAR ALL INTERESTED PARTIES.  A PERIOD OF FIVE                  

days shall be given following the date COMPLETION of THE hearing,  2,048        

which may be adjourned from time to time, for the filing of        2,050        

written objections by any interested person PERSONS OR PUBLIC      2,051        

AGENCIES to the sale or OTHER disposition of the public water      2,052        

supply, after which the board shall consider such ANY objections   2,054        

and by resolution determine whether or not to proceed with the     2,055        

sale or OTHER disposition of the public water supply.  In the      2,056        

event IF the board determines to proceed with the sale or OTHER    2,058        

disposition of the public water supply, any interested person      2,060        

whose objection has been overruled may appeal to the probate       2,061        

court of the county in the manner prescribed by sections 6117.09                

to 6117.22, inclusive, of the Revised Code.  An appeal may be      2,062        

taken with regard to any matter required by this section to be     2,064        

incorporated in the resolution of necessity.  The board of county  2,065        

commissioners, in proceeding with the sale or disposition of the   2,066        

water supply, IT shall receive bids and proceed in accordance      2,067        

with section 6103.10 of the Revised Code for bidding, AFTER        2,068        

advertising, and sale ONCE A WEEK FOR FOUR CONSECUTIVE WEEKS IN A  2,069        

NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY AND, SUBJECT TO     2,070        

THE RIGHT OF THE BOARD TO REJECT ANY OR ALL BIDS, MAY MAKE AN      2,071        

AWARD TO A RESPONSIBLE BIDDER WHOSE PROPOSAL IS DETERMINED BY THE  2,072        

BOARD TO BE IN THE BEST INTERESTS OF THE COUNTY AND THE USERS OF   2,073        

THE FACILITIES.                                                                 

      (B)  A CONVEYANCE OF WATER SUPPLY FACILITIES BY A COUNTY TO  2,075        

A MUNICIPAL CORPORATION, IN ACCORDANCE WITH DIVISION (B) OF        2,076        

SECTION 6103.04 OF THE REVISED CODE, MAY BE MADE WITHOUT REGARD    2,077        

TO DIVISION (A) OF THIS SECTION.                                   2,078        

      Sec. 6117.01.  (A)  AS USED IN THIS CHAPTER:                 2,087        

      (1)  "SANITARY FACILITIES" MEANS SANITARY SEWERS, FORCE      2,089        

MAINS, LIFT OR PUMPING STATIONS, AND FACILITIES FOR THE            2,090        

TREATMENT, DISPOSAL, IMPOUNDMENT, OR STORAGE OF WASTES; EQUIPMENT  2,091        

                                                          44     


                                                                 
AND FURNISHINGS; AND ALL REQUIRED APPURTENANCES AND NECESSARY      2,092        

REAL ESTATE AND INTERESTS IN REAL ESTATE.                                       

      (2)  "DRAINAGE" OR "WATERS" MEANS FLOWS FROM RAINFALL OR     2,094        

OTHERWISE PRODUCED BY, OR RESULTING FROM, THE ELEMENTS, STORM      2,095        

WATER DISCHARGES AND RELEASES OR MIGRATIONS OF WATERS FROM         2,096        

PROPERTIES, ACCUMULATIONS, FLOWS, AND OVERFLOWS OF WATER,          2,097        

INCLUDING ACCELERATED FLOWS AND RUNOFFS, FLOODING AND THREATS OF                

FLOODING OF PROPERTIES AND STRUCTURES, AND OTHER SURFACE AND       2,098        

SUBSURFACE DRAINAGE.                                               2,099        

      (3)  "DRAINAGE FACILITIES" MEANS STORM SEWERS, FORCE MAINS,  2,101        

PUMPING STATIONS, AND FACILITIES FOR THE TREATMENT, DISPOSAL,      2,102        

IMPOUNDMENT, RETENTION, CONTROL, OR STORAGE OF WATERS;             2,103        

IMPROVEMENTS OF OR FOR ANY CHANNEL, DITCH, DRAIN, FLOODWAY, OR     2,104        

WATERCOURSE, INCLUDING LOCATION, CONSTRUCTION, RECONSTRUCTION,     2,105        

RECONDITIONING, WIDENING, DEEPENING, CLEANING, REMOVAL OF                       

OBSTRUCTIONS, STRAIGHTENING, BOXING, CULVERTING, TILING, FILLING,  2,106        

WALLING, ARCHING, OR CHANGE IN COURSE, LOCATION, OR TERMINUS;      2,107        

IMPROVEMENTS OF OR FOR A RIVER, CREEK, OR RUN, INCLUDING           2,108        

REINFORCEMENT OF BANKS, ENCLOSING, DEEPENING, WIDENING,            2,109        

STRAIGHTENING, REMOVAL OF OBSTRUCTIONS, OR CHANGE IN COURSE,       2,110        

LOCATION, OR TERMINUS; FACILITIES FOR THE PROTECTION OF LANDS      2,111        

FROM THE OVERFLOW OF WATER, INCLUDING A LEVEE, WALL, EMBANKMENT,                

JETTY, DIKE, DAM, SLUICE, REVETMENT, RESERVOIR, RETENTION OR       2,112        

HOLDING BASIN, CONTROL GATE, OR BREAKWATER; FACILITIES FOR         2,113        

CONTROLLED DRAINAGE, REGULATION OF STREAM FLOW, AND PROTECTION OF  2,114        

AN OUTLET; THE VACATION OF A DITCH OR DRAIN; EQUIPMENT AND         2,115        

FURNISHINGS; AND ALL REQUIRED APPURTENANCES AND NECESSARY REAL                  

ESTATE AND INTERESTS IN REAL ESTATE.                               2,116        

      (4)  "COUNTY SANITARY ENGINEER" MEANS EITHER OF THE          2,119        

FOLLOWING:                                                         2,120        

      (a)  THE REGISTERED PROFESSIONAL ENGINEER EMPLOYED OR        2,122        

APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS TO BE THE COUNTY    2,123        

SANITARY ENGINEER AS PROVIDED IN SECTION 6117.01 OF THE REVISED    2,124        

CODE;                                                                           

                                                          45     


                                                                 
      (b)  THE COUNTY ENGINEER, IF, FOR AS LONG AS AND TO THE      2,126        

EXTENT THAT ENGINEER BY AGREEMENT ENTERED INTO UNDER SECTION       2,128        

315.14 OF THE REVISED CODE IS RETAINED TO DISCHARGE DUTIES OF A    2,130        

COUNTY SANITARY ENGINEER UNDER THIS CHAPTER.                       2,131        

      (5)  "CURRENT OPERATING EXPENSES," "DEBT CHARGES,"           2,133        

"PERMANENT IMPROVEMENT," "PUBLIC OBLIGATIONS," AND "SUBDIVISION"   2,134        

HAVE THE SAME MEANINGS AS IN SECTION 133.01 OF THE REVISED CODE.   2,135        

      (6)  "CONSTRUCT," "CONSTRUCTION," OR "CONSTRUCTING" MEANS    2,137        

CONSTRUCTION, RECONSTRUCTION, ENLARGEMENT, EXTENSION,              2,138        

IMPROVEMENT, RENOVATION, REPAIR, AND REPLACEMENT OF SANITARY OR    2,139        

DRAINAGE FACILITIES, BUT DOES NOT INCLUDE ANY REPAIRS,             2,140        

REPLACEMENTS, OR SIMILAR ACTIONS THAT DO NOT CONSTITUTE AND                     

QUALIFY AS PERMANENT IMPROVEMENTS.                                 2,141        

      (7)  "MAINTAIN," "MAINTAINING," OR "MAINTENANCE" MEANS       2,143        

REPAIRS, REPLACEMENTS, AND SIMILAR ACTIONS THAT CONSTITUTE AND     2,144        

ARE PAYABLE AS CURRENT OPERATING EXPENSES AND THAT ARE REQUIRED    2,145        

TO RESTORE SANITARY OR DRAINAGE FACILITIES TO, OR TO CONTINUE      2,146        

SANITARY OR DRAINAGE FACILITIES IN, GOOD ORDER AND WORKING         2,147        

CONDITION, BUT DOES NOT INCLUDE CONSTRUCTION OF PERMANENT                       

IMPROVEMENTS.                                                      2,148        

      (8)  "PUBLIC AGENCY" MEANS A STATE AND ANY AGENCY OR         2,150        

SUBDIVISION OF A STATE, INCLUDING A COUNTY, A MUNICIPAL            2,151        

CORPORATION, OR OTHER SUBDIVISION.                                              

      (B)  For the purpose of preserving and promoting the public  2,154        

health and welfare, boards A BOARD of county commissioners may by  2,156        

resolution lay out, establish, CONSOLIDATE, OR OTHERWISE MODIFY                 

THE BOUNDARIES OF, and maintain, one or more sewer districts       2,158        

within their respective counties, THE COUNTY AND outside of        2,159        

municipal corporations, and may have a registered professional     2,160        

engineer make such THE surveys as are necessary for the            2,161        

determination of the proper boundaries of such EACH district.      2,163        

Each district, WHICH shall be designated by an appropriate name    2,165        

or number.  Any THE board may acquire, construct, maintain, and    2,166        

operate such main, branch, intercepting, or local sewer, or        2,167        

                                                          46     


                                                                 
ditch, channel, or interceptor for the temporary retention of      2,168        

storm water, within any such district, and such outlet sewer and   2,169        

sewage treatment or disposal works within or without such          2,170        

district, as are necessary to care for and conduct the sewage or   2,171        

surface water from any part of such district to a proper outlet,   2,172        

so as to properly treat or dispose of same.  Any such SANITARY OR  2,174        

DRAINAGE FACILITIES THAT IT DETERMINES TO BE NECESSARY OR                       

APPROPRIATE FOR THE COLLECTION OF SEWAGE AND OTHER WASTES          2,175        

ORIGINATING IN OR ENTERING THE DISTRICT, TO COMPLY WITH THE        2,176        

PROVISIONS OF A CONTRACT ENTERED INTO FOR THE PURPOSES DESCRIBED   2,178        

IN SECTIONS 6117.41 TO 6117.44 OF THE REVISED CODE AND PURSUANT                 

TO THOSE SECTIONS OR OTHER APPLICABLE PROVISIONS OF LAW, OR FOR    2,179        

THE COLLECTION, CONTROL, OR ABATEMENT OF WATERS ORIGINATING OR     2,180        

ACCUMULATING IN, OR FLOWING IN, INTO, OR THROUGH, THE DISTRICT,    2,181        

AND OTHER SANITARY OR DRAINAGE FACILITIES, WITHIN OR OUTSIDE OF    2,182        

THE DISTRICT, THAT IT DETERMINES TO BE NECESSARY OR APPROPRIATE    2,183        

TO CONDUCT THE WASTES AND WATERS TO A PROPER OUTLET AND TO                      

PROVIDE FOR THEIR PROPER TREATMENT, DISPOSAL, AND DISPOSITION.     2,184        

THE BOARD MAY PROVIDE FOR THE PROTECTION OF THE SANITARY AND       2,185        

DRAINAGE FACILITIES AND MAY NEGOTIATE AND ENTER INTO A CONTRACT    2,186        

WITH ANY PUBLIC AGENCY OR PERSON FOR THE MANAGEMENT, MAINTENANCE,  2,187        

OPERATION, AND REPAIR OF ANY OF THE FACILITIES ON BEHALF OF THE                 

COUNTY UPON THE TERMS AND CONDITIONS THAT MAY BE AGREED UPON WITH  2,188        

THE AGENCY OR PERSON AND THAT MAY BE DETERMINED BY THE BOARD TO    2,190        

BE IN THE BEST INTERESTS OF THE COUNTY.  BY CONTRACT WITH ANY      2,191        

PUBLIC AGENCY OR PERSON OPERATING SANITARY OR DRAINAGE FACILITIES  2,193        

WITHIN OR OUTSIDE OF THE COUNTY, THE BOARD MAY PROVIDE A PROPER    2,194        

OUTLET FOR ANY OF THE WASTES AND WATERS AND FOR THEIR PROPER       2,195        

TREATMENT, DISPOSAL, AND DISPOSITION.                              2,196        

      (C)  THE board OF COUNTY COMMISSIONERS may employ a          2,199        

registered professional engineer TO BE THE COUNTY SANITARY         2,200        

ENGINEER for such THE time and on such THE terms as it deems       2,202        

CONSIDERS best, and may authorize such registered professional     2,203        

THE COUNTY SANITARY engineer to employ necessary assistants upon   2,206        

                                                          47     


                                                                 
such THE terms as are fixed by said THE board.  The PRIOR TO THE   2,208        

INITIAL ASSIGNMENT OF DRAINAGE FACILITIES DUTIES TO THE COUNTY     2,209        

SANITARY ENGINEER, IF THE COUNTY SANITARY ENGINEER IS NOT THE                   

COUNTY ENGINEER, THE BOARD FIRST SHALL OFFER TO ENTER INTO AN      2,210        

AGREEMENT WITH THE COUNTY ENGINEER PURSUANT TO SECTION 315.14 OF   2,211        

THE REVISED CODE FOR ASSISTANCE IN THE PERFORMANCE OF THOSE        2,212        

DUTIES OF THE BOARD PERTAINING TO DRAINAGE FACILITIES, AND THE     2,214        

COUNTY ENGINEER SHALL ACCEPT OR REJECT THE OFFER WITHIN THIRTY     2,215        

DAYS AFTER THE DATE THE OFFER IS MADE.                             2,216        

      THE board may create and maintain a sanitary engineering     2,218        

department, to WHICH SHALL be under its supervision and in charge  2,220        

of a registered professional WHICH SHALL BE HEADED BY THE COUNTY   2,221        

SANITARY engineer, to be appointed by such board, for the purpose  2,223        

of aiding it in the performance of its duties under sections       2,224        

6117.01 to 6117.45 THIS CHAPTER AND CHAPTER 6103. of the Revised   2,225        

Code, or its other duties regarding sanitation, DRAINAGE, AND      2,226        

WATER SUPPLY provided by law.  Said THE board shall provide        2,228        

suitable rooms FACILITIES for the use of such THE department and   2,230        

shall provide for and pay the compensation of such registered      2,232        

professional THE COUNTY SANITARY engineer and all AUTHORIZED       2,233        

necessary expenses of such registered professional THE COUNTY      2,235        

SANITARY engineer and THE SANITARY ENGINEERING department which    2,236        

are authorized by such board.  Any such registered professional    2,238        

THE COUNTY SANITARY engineer in charge of such department, with    2,239        

the approval of the board, may appoint necessary assistants and    2,241        

clerks, and the compensation of any such THOSE assistants and      2,242        

clerks shall be fixed PROVIDED FOR and paid by such THE board.     2,244        

The                                                                             

      (D)  THE board OF COUNTY COMMISSIONERS may adopt, publish,   2,247        

administer, and enforce rules for the construction, maintenance,   2,248        

protection, and use of sewers COUNTY-OWNED OR COUNTY-OPERATED      2,249        

SANITARY and sewer improvements in its county DRAINAGE FACILITIES  2,250        

outside of municipal corporations, and of sewers SANITARY and      2,252        

sewer improvements DRAINAGE FACILITIES within municipal            2,254        

                                                          48     


                                                                 
corporations in its county wherever such sewers THAT are           2,256        

constructed OWNED or operated by such board THE COUNTY or THAT     2,257        

discharge into sewers or sewage treatment plants constructed       2,258        

SANITARY OR DRAINAGE FACILITIES OWNED or operated by such board    2,260        

THE COUNTY, including, BUT NOT LIMITED TO, RULES FOR the           2,261        

establishment and use of ANY connections, THE TERMINATION IN       2,262        

ACCORDANCE WITH REASONABLE PROCEDURES OF SANITARY SERVICE FOR THE  2,263        

NONPAYMENT OF COUNTY SANITARY RATES AND CHARGES AND, IF SO                      

DETERMINED, THE CONCURRENT TERMINATION OF ANY COUNTY WATER         2,264        

SERVICE FOR THE NONPAYMENT OF THOSE RATES AND CHARGES, THE         2,265        

TERMINATION IN ACCORDANCE WITH REASONABLE PROCEDURES OF DRAINAGE   2,266        

SERVICE FOR THE NONPAYMENT OF COUNTY DRAINAGE RATES AND CHARGES,   2,267        

AND THE ESTABLISHMENT AND USE OF SECURITY DEPOSITS TO THE EXTENT                

CONSIDERED NECESSARY TO ENSURE THE PAYMENT OF COUNTY SANITARY OR   2,268        

DRAINAGE RATES AND CHARGES.  Such THE rules shall not be           2,271        

inconsistent with the laws of this state or the ANY APPLICABLE     2,272        

rules of the director of environmental protection.  No sewers or   2,274        

sewage treatment works                                                          

      (E)  NO SANITARY OR DRAINAGE FACILITIES shall be             2,276        

constructed in any county outside of municipal corporations by     2,278        

any person, firm, or corporation until the plans and               2,279        

specifications for the same have been approved by the board OF     2,280        

COUNTY COMMISSIONERS, and any such construction shall be done      2,282        

under the supervision of the county sanitary engineer.  NOT LESS                

THAN THIRTY DAYS BEFORE THE DATE DRAINAGE PLANS ARE SUBMITTED TO   2,284        

THE BOARD FOR ITS APPROVAL, THE PLANS SHALL BE SUBMITTED TO THE    2,285        

COUNTY ENGINEER.  IF THE COUNTY ENGINEER IS OF THE OPINION AFTER   2,286        

REVIEW THAT THE FACILITIES WILL HAVE A SIGNIFICANT ADVERSE EFFECT               

ON ROADS, CULVERTS, BRIDGES, OR EXISTING MAINTENANCE WITHIN THE    2,287        

COUNTY, THE COUNTY ENGINEER MAY SUBMIT A WRITTEN OPINION TO THE    2,288        

BOARD NOT LATER THAN THIRTY DAYS AFTER THE DATE THE PLANS ARE      2,289        

SUBMITTED TO THE COUNTY ENGINEER.  THE BOARD MAY TAKE ACTION       2,290        

RELATIVE TO THE DRAINAGE PLANS ONLY AFTER THE EARLIEST OF          2,291        

RECEIVING THE WRITTEN OPINION OF THE COUNTY ENGINEER, RECEIVING A  2,292        

                                                          49     


                                                                 
WRITTEN WAIVER OF SUBMISSION OF AN OPINION FROM THE COUNTY         2,293        

ENGINEER, OR PASSAGE OF THIRTY DAYS FROM THE DATE THE PLANS ARE    2,294        

SUBMITTED TO THE COUNTY ENGINEER.  Any person, firm, or            2,296        

corporation proposing or constructing such improvements THE        2,297        

FACILITIES shall pay to the county all expenses incurred by the    2,298        

board in connection therewith WITH THE CONSTRUCTION.  The          2,299        

      (F)  THE county sanitary engineer OR THE COUNTY SANITARY     2,301        

ENGINEER'S AUTHORIZED ASSISTANTS OR AGENTS, WHEN PROPERLY          2,302        

IDENTIFIED IN WRITING OR OTHERWISE AND AFTER WRITTEN NOTICE IS     2,303        

DELIVERED TO THE OWNER AT LEAST FIVE DAYS IN ADVANCE OR IS MAILED  2,304        

AT LEAST FIVE DAYS IN ADVANCE BY FIRST CLASS OR CERTIFIED MAIL TO  2,305        

THE OWNER'S TAX MAILING ADDRESS, may enter upon any public or      2,306        

private property for the purpose of making, AND MAY MAKE, surveys  2,307        

or examinations INSPECTIONS necessary for the laying out of sewer  2,309        

districts or designing sewers or treatment works, and may make     2,310        

such surveys and examinations THE DESIGN OR EVALUATION OF COUNTY                

SANITARY OR DRAINAGE FACILITIES.  THIS ENTRY IS NOT A TRESPASS     2,311        

AND IS NOT TO BE CONSIDERED AN ENTRY IN CONNECTION WITH ANY        2,312        

APPROPRIATION OF PROPERTY PROCEEDINGS UNDER SECTIONS 163.01 TO     2,313        

163.22 OF THE REVISED CODE THAT MAY BE PENDING.  No person, firm,  2,314        

or corporation PUBLIC AGENCY shall forbid or interfere with the    2,316        

county sanitary engineer or his THE COUNTY SANITARY ENGINEER'S     2,317        

authorized assistants entering OR AGENTS TO ENTER, OR INTERFERE    2,319        

WITH THEIR ENTRY, upon such THE property for such THAT purpose or  2,321        

FORBID OR INTERFERE WITH THEIR making such OF surveys or           2,322        

examinations INSPECTIONS.  If actual damage is done to property    2,323        

by the making of such THE surveys and examinations INSPECTIONS,    2,325        

the board shall pay the reasonable value of such THE damage to     2,327        

the PROPERTY owner of the property damaged, and such THE cost      2,328        

shall be included in the assessment upon the property benefited    2,329        

by the improvement for which such surveys and examinations are     2,330        

made COST OF THE FACILITIES AND MAY BE INCLUDED IN ANY SPECIAL     2,331        

ASSESSMENTS TO BE LEVIED AND COLLECTED TO PAY THAT COST.           2,333        

      Sec. 6117.011.  Boards A BOARD of county commissioners IN    2,342        

                                                          50     


                                                                 
THE MANNER PROVIDED IN THIS SECTION may make surveys of water      2,344        

works or sewerage systems SUPPLY, SANITARY, OR DRAINAGE                         

FACILITIES for any sewer district, the ACQUISITION OR              2,345        

construction, improvement, enlargement, or repair of which is      2,346        

contemplated, and they may proceed in the manner provided in this  2,348        

section.                                                                        

      Any board desiring to make such a survey shall adopt a       2,350        

resolution declaring the ITS purpose and necessity therefor.  In   2,352        

making such THE surveys, such THE board may call upon engineering  2,354        

officers or employees regularly employed by the board, or may      2,355        

authorize and enter into contracts for the services of registered  2,357        

professional engineers to make such THE surveys.                                

      The surveys authorized by this section may include           2,359        

drawings, plans, specifications, estimates of cost of labor and    2,360        

materials, and other items of cost, assessment rolls, and such     2,361        

other facts, material, data, reports, and other information and    2,363        

recommendations as THAT the board deems CONSIDERS advisable or     2,365        

necessary for the planning and construction of the improvement     2,366        

proposed or the enlargement, improvement, replacement, or repair   2,367        

of an existing improvement PURPOSE.                                2,368        

      Agreements CONTRACTS entered into for such THE surveys       2,371        

shall be deemed CONSIDERED contracts for professional services     2,372        

and may provide for preliminary surveys or the making of detailed  2,373        

plans, or both, and may also MAY provide for engineer-             2,374        

ENGINEERING supervision of the work.  No such contract shall be    2,376        

valid unless one or more of the services to be performed           2,377        

thereunder are by its terms to be commenced within one year after  2,378        

the contract date.                                                              

      Such THE contracts shall be executed in triplicate and       2,380        

shall be signed by AT LEAST TWO MEMBERS OF the board and by the    2,382        

engineer agreeing to perform such THE service, and one SIGNED      2,384        

copy thereof OF THE CONTRACT shall be filed with the fiscal        2,385        

officer of the county, whose certificate as provided in,           2,386        

OTHERWISE REQUIRED BY section 5705.41 of the Revised Code shall,   2,388        

                                                          51     


                                                                 
NEED not be required PROVIDED.  Payment therefor FOR THE           2,390        

CONTRACTS may be made from the general fund or any other fund      2,391        

legally available for such THAT use at such THE times as THAT are  2,393        

agreed upon or as determined by the board, and, where bonds or     2,394        

notes are sold.  THE PROCEEDS OF ANY PUBLIC OBLIGATIONS ISSUED     2,395        

PURSUANT TO SECTION 6119.36 OF THE REVISED CODE OR ANY OTHER       2,396        

PUBLIC OBLIGATIONS ISSUED OR INCURRED to pay the cost of work      2,397        

FACILITIES to which such A survey related, such funds RELATES may  2,399        

be used to pay any part of the consideration COST under such       2,401        

contract THE CONTRACTS or to reimburse the fund from which                      

payment was made.                                                  2,403        

      Sec. 6117.02.  (A)  The board of county commissioners shall  2,412        

fix reasonable rates to be charged, INCLUDING PENALTIES FOR LATE   2,414        

PAYMENTS, for the use, OR THE AVAILABILITY FOR USE, of the sewers  2,415        

or sewerage treatment or disposal works referred to in section     2,416        

6117.01 of the Revised Code SANITARY FACILITIES OF A SEWER         2,417        

DISTRICT TO BE PAID by every person, firm, or corporation AND      2,418        

PUBLIC AGENCY whose premises are served, OR CAPABLE OF BEING       2,420        

SERVED, by a connection DIRECTLY OR INDIRECTLY to such sewers or   2,422        

sewerage treatment or disposal works THOSE FACILITIES when such    2,423        

sewers or sewerage treatment or disposal works THOSE FACILITIES    2,425        

are owned or operated by the county, and may change such THE       2,427        

rates FROM TIME TO TIME as it deems CONSIDERS advisable.  Such     2,428        

rates shall be at least sufficient to pay all the cost of          2,429        

operation and maintenance of improvements for which the            2,430        

resolution declaring the necessity thereof shall be passed after   2,431        

July 1, 1958 and may include, upon billing, additional amounts     2,432        

attributable to connection charges being paid in installments.     2,433        

When the sewerage treatment or disposal works is SANITARY          2,434        

FACILITIES TO BE USED BY THE COUNTY ARE owned by a municipal       2,435        

corporation ANOTHER PUBLIC AGENCY or any person, firm, or private  2,437        

corporation the schedule of rates to be charged by such municipal  2,439        

corporation, THE PUBLIC AGENCY OR person, firm, or private         2,441        

corporation for the use of such THE facilities BY THE COUNTY, OR   2,442        

                                                          52     


                                                                 
THE FORMULA OR OTHER PROCEDURE FOR THEIR DETERMINATION, shall be   2,443        

ratified APPROVED by the board at the time any IT ENTERS INTO A    2,445        

contract is entered into for such THAT use.  The                   2,446        

      (B)  THE board shall also SHALL establish reasonable         2,449        

charges to be collected for the privilege of connecting to the     2,450        

sewers or sewerage treatment of disposal works SANITARY            2,451        

FACILITIES of the district, with the requirement that, prior to    2,454        

such THE connection, such THE charges shall either be paid in      2,456        

full, or, if determined BY THE BOARD to be equitable by the board  2,458        

in its A resolution providing for RELATING TO the payment of such  2,459        

THE charges, provision deemed CONSIDERED adequate by the board     2,460        

shall be made for THEIR payment in installments at such THE times  2,462        

and, in such THE amounts, and with such THE security, carrying     2,465        

charges, or AND penalties as may be found by the board in such     2,467        

THAT resolution to be fair and appropriate, and no.  NO PUBLIC     2,469        

AGENCY OR person shall be permitted to connect to the sewers or    2,470        

sewerage treatment or disposal works of the district THOSE         2,471        

FACILITIES until such THE charges have been paid in full, or       2,473        

until such provision for THEIR payment in installments has been    2,475        

made.  If THE connection charges are to be paid in installments,   2,476        

the board shall certify to the county auditor information          2,477        

sufficient to identify each parcel of property served by the A     2,478        

connection AND, WITH RESPECT TO EACH PARCEL, the total of the      2,479        

charges to be paid in installments, the amount of each             2,480        

installment, and the total number of installments to be paid.      2,481        

The auditor shall record AND MAINTAIN the information supplied in  2,482        

the sewer improvement record PROVIDED FOR IN SECTION 6117.33 OF    2,483        

THE REVISED CODE until the connection charges are paid in full.    2,485        

When THE BOARD MAY INCLUDE AMOUNTS ATTRIBUTABLE TO CONNECTION      2,486        

CHARGES BEING PAID IN INSTALLMENTS IN ITS BILLINGS OF RATES AND    2,487        

CHARGES FOR THE USE OF SANITARY FACILITIES.                                     

      (C)  WHEN any rents OF THE SANITARY RATES or charges are     2,490        

not paid when due, the board shall certify the same MAY DO ANY OR  2,491        

ALL OF THE FOLLOWING AS IT CONSIDERS APPROPRIATE:                               

                                                          53     


                                                                 
      (1)  CERTIFY THE UNPAID RATES OR CHARGES, together with any  2,494        

penalties, to the county auditor, who shall place them upon the    2,495        

real property tax list and duplicate against the property served   2,496        

by such THE connection.  Such rents and charges THE CERTIFIED      2,497        

AMOUNT shall be a lien on such THE property from the date the      2,498        

same are placed upon ON the real property tax list and duplicate   2,500        

by the auditor and shall be collected in the same manner as other  2,502        

taxes, EXCEPT THAT, NOTWITHSTANDING SECTION 323.15 OF THE REVISED  2,504        

CODE, A COUNTY TREASURER SHALL ACCEPT A PAYMENT IN THAT AMOUNT     2,505        

WHEN SEPARATELY TENDERED AS PAYMENT FOR THE FULL AMOUNT OF THE                  

UNPAID SANITARY RATES OR CHARGES AND ASSOCIATED PENALTIES.  THE    2,506        

LIEN SHALL BE RELEASED IMMEDIATELY UPON PAYMENT IN FULL OF THE     2,507        

CERTIFIED AMOUNT.                                                               

      (2)  COLLECT THE UNPAID RATES OR CHARGES, TOGETHER WITH ANY  2,509        

PENALTIES, BY ACTIONS AT LAW IN THE NAME OF THE COUNTY FROM AN     2,510        

OWNER, TENANT, OR OTHER PERSON OR PUBLIC AGENCY THAT IS LIABLE     2,511        

FOR THE PAYMENT OF THE RATES OR CHARGES;                           2,512        

      (3)  TERMINATE, IN ACCORDANCE WITH ESTABLISHED RULES, THE    2,514        

SANITARY SERVICE TO THE PARTICULAR PROPERTY AND, IF SO             2,515        

DETERMINED, ANY COUNTY WATER SERVICE TO THAT PROPERTY, UNLESS AND  2,516        

UNTIL THE UNPAID SANITARY RATES OR CHARGES, TOGETHER WITH ANY      2,517        

PENALTIES, ARE PAID IN FULL;                                                    

      (4)  APPLY, TO THE EXTENT REQUIRED, ANY SECURITY DEPOSIT     2,519        

MADE IN ACCORDANCE WITH ESTABLISHED RULES TO THE PAYMENT OF        2,520        

SANITARY RATES AND CHARGES FOR SERVICE TO THE PARTICULAR           2,521        

PROPERTY.  All                                                                  

      ALL moneys collected as rents for use of such sewers or      2,524        

sewerage treatment or disposal works or as connection SANITARY     2,525        

RATES, charges in, OR PENALTIES FIXED OR ESTABLISHED IN            2,526        

ACCORDANCE WITH DIVISIONS (A) AND (B) OF THIS SECTION FOR any      2,527        

sewer district shall be paid to the county treasurer and kept in   2,528        

a separate and distinct SANITARY fund ESTABLISHED BY THE BOARD to  2,529        

the credit of such THE district.  Except as otherwise provided in  2,532        

any resolution PROCEEDINGS authorizing or providing for the        2,534        

                                                          54     


                                                                 
security FOR and payment of any bonds outstanding on July 1,       2,535        

1958, or thereafter issued PUBLIC OBLIGATIONS, or in any                        

indenture or trust OR OTHER agreement securing such bonds PUBLIC   2,537        

OBLIGATIONS, such MONEYS IN THE SANITARY fund shall be used        2,539        

APPLIED first for TO the payment of the cost of the management,    2,540        

maintenance, and operation of the sewers of the district and       2,542        

sewerage treatment or disposal works SANITARY FACILITIES OF, OR    2,543        

used by OR OPERATED FOR, the district, which cost may include THE  2,546        

COUNTY'S SHARE OF MANAGEMENT, MAINTENANCE, AND OPERATION COSTS                  

UNDER COOPERATIVE CONTRACTS FOR THE ACQUISITION, CONSTRUCTION, OR  2,547        

USE OF SANITARY FACILITIES AND, in accordance with a cost          2,548        

allocation plan adopted under division (B)(E) of this section,     2,550        

payment of all allowable direct and indirect costs of the          2,552        

district, the COUNTY sanitary engineer or sanitary engineering     2,554        

department, or a federal or state grant program, incurred for the  2,555        

SANITARY purposes of UNDER this chapter;, and shall be used        2,556        

APPLIED second for TO the payment of interest or principal of      2,557        

DEBT CHARGES PAYABLE ON any outstanding debt PUBLIC OBLIGATIONS    2,559        

ISSUED OR incurred for the ACQUISITION OR construction of such     2,560        

sewers or sewerage treatment or disposal works SANITARY            2,561        

FACILITIES FOR OR SERVING THE DISTRICT, or for the creation        2,562        

FUNDING of a sinking BOND RETIREMENT OR OTHER fund ESTABLISHED     2,563        

for the payment of such debt OR SECURITY FOR THE OBLIGATIONS.      2,564        

Any surplus thereafter remaining in such fund may be used for      2,566        

APPLIED TO the enlargement, extension or replacement ACQUISITION   2,568        

OR CONSTRUCTION of such sewers and sewerage treatment or disposal  2,570        

works THOSE FACILITIES OR FOR THE PAYMENT OF CONTRIBUTIONS TO BE   2,571        

MADE, OR COSTS INCURRED, FOR THE ACQUISITION OR CONSTRUCTION OF    2,572        

THOSE FACILITIES UNDER COOPERATIVE CONTRACTS.  Money so collected  2,573        

MONEYS IN THE SANITARY FUND shall not be expended otherwise OTHER  2,574        

than for the use and benefit of such THE district.  No provision   2,576        

of this section shall limit or restrict the power and discretion   2,577        

of the board to determine how much of the cost of such             2,578        

improvements shall be borne by the county at large and how much    2,579        

                                                          55     


                                                                 
shall be specially assessed upon benefited properties, nor the     2,580        

power to issue notes and bonds for the share to be borne by the    2,581        

county and in anticipation of the levy or collection of special    2,582        

assessments for the share to be specially assessed, nor the power  2,583        

of the board to levy special assessments upon benefited                         

properties for operation and maintenance whenever the rents and    2,584        

other funds available are not sufficient to pay all the cost       2,585        

thereof.                                                           2,586        

      (B)(D)  THE BOARD MAY FIX REASONABLE RATES AND CHARGES,      2,588        

INCLUDING CONNECTION CHARGES AND PENALTIES FOR LATE PAYMENTS, TO   2,589        

BE PAID BY ANY PERSON OR PUBLIC AGENCY OWNING OR HAVING            2,590        

POSSESSION OR CONTROL OF ANY PROPERTIES THAT ARE CONNECTED WITH,   2,591        

CAPABLE OF BEING SERVED BY, OR OTHERWISE SERVED DIRECTLY OR        2,592        

INDIRECTLY BY, DRAINAGE FACILITIES OWNED OR OPERATED BY OR UNDER   2,593        

THE JURISDICTION OF THE COUNTY, INCLUDING, BUT NOT LIMITED TO,     2,594        

PROPERTIES REQUIRING, OR LYING WITHIN AN AREA OF THE DISTRICT      2,595        

REQUIRING, IN THE JUDGMENT OF THE BOARD, THE COLLECTION, CONTROL,  2,597        

OR ABATEMENT OF WATERS ORIGINATING OR ACCUMULATING IN, OR FLOWING               

IN, INTO, OR THROUGH, THE DISTRICT, AND MAY CHANGE THOSE RATES     2,598        

AND CHARGES FROM TIME TO TIME AS IT CONSIDERS ADVISABLE.  THE      2,599        

RATES AND CHARGES SHALL BE PAYABLE PERIODICALLY AS DETERMINED BY   2,600        

THE BOARD, EXCEPT THAT ANY CONNECTION CHARGES SHALL BE PAID IN     2,601        

FULL IN ONE PAYMENT, OR, IF DETERMINED BY THE BOARD TO BE          2,602        

EQUITABLE IN A RESOLUTION RELATING TO THE PAYMENT OF THOSE                      

CHARGES, PROVISION CONSIDERED ADEQUATE BY THE BOARD SHALL BE MADE  2,603        

FOR THEIR PAYMENT IN INSTALLMENTS AT THE TIMES, IN THE AMOUNTS,    2,604        

AND WITH THE SECURITY, CARRYING CHARGES, AND PENALTIES AS MAY BE   2,605        

FOUND BY THE BOARD IN THAT RESOLUTION TO BE FAIR AND APPROPRIATE.  2,606        

THE BOARD MAY INCLUDE AMOUNTS ATTRIBUTABLE TO CONNECTION CHARGES   2,607        

BEING PAID IN INSTALLMENTS IN ITS BILLINGS OF RATES AND CHARGES    2,608        

FOR THE SERVICES PROVIDED BY THE DRAINAGE FACILITIES.                           

      WHEN ANY OF THE DRAINAGE RATES OR CHARGES ARE NOT PAID WHEN  2,610        

DUE, THE BOARD MAY DO ANY OR ALL OF THE FOLLOWING AS IT CONSIDERS  2,611        

APPROPRIATE:                                                                    

                                                          56     


                                                                 
      (1)  CERTIFY THE UNPAID RATES OR CHARGES, TOGETHER WITH ANY  2,613        

PENALTIES, TO THE COUNTY AUDITOR, WHO SHALL PLACE THEM UPON THE    2,614        

REAL PROPERTY TAX LIST AND DUPLICATE AGAINST THE PROPERTY TO       2,615        

WHICH THE RATES OR CHARGES APPLY.  THE CERTIFIED AMOUNT SHALL BE   2,616        

A LIEN ON THE PROPERTY FROM THE DATE PLACED ON THE REAL PROPERTY   2,617        

TAX LIST AND DUPLICATE AND SHALL BE COLLECTED IN THE SAME MANNER                

AS TAXES, EXCEPT THAT NOTWITHSTANDING SECTION 323.15 OF THE        2,618        

REVISED CODE, A COUNTY TREASURER SHALL ACCEPT A PAYMENT IN THAT    2,619        

AMOUNT WHEN SEPARATELY TENDERED AS PAYMENT FOR THE FULL AMOUNT OF  2,620        

THE UNPAID DRAINAGE RATES OR CHARGES AND ASSOCIATED PENALTIES.     2,621        

THE LIEN SHALL BE RELEASED IMMEDIATELY UPON PAYMENT IN FULL OF     2,622        

THE CERTIFIED AMOUNT.                                                           

      (2)  COLLECT THE UNPAID RATES OR CHARGES, TOGETHER WITH ANY  2,624        

PENALTIES, BY ACTIONS AT LAW IN THE NAME OF THE COUNTY FROM AN     2,625        

OWNER, TENANT, OR OTHER PERSON OR PUBLIC AGENCY THAT IS LIABLE     2,626        

FOR THE PAYMENT OF THE RATES OR CHARGES;                           2,627        

      (3)  TERMINATE, IN ACCORDANCE WITH ESTABLISHED RULES, THE    2,629        

DRAINAGE SERVICE FOR THE PARTICULAR PROPERTY UNTIL THE UNPAID      2,630        

RATES OR CHARGES, TOGETHER WITH ANY PENALTIES, ARE PAID IN FULL;   2,631        

      (4)  APPLY, TO THE EXTENT REQUIRED, ANY SECURITY DEPOSIT     2,633        

MADE IN ACCORDANCE WITH ESTABLISHED RULES TO THE PAYMENT OF        2,634        

DRAINAGE RATES AND CHARGES APPLICABLE TO THE PARTICULAR PROPERTY.  2,635        

      ALL MONEYS COLLECTED AS DRAINAGE RATES, CHARGES, OR          2,637        

PENALTIES IN OR FOR ANY SEWER DISTRICT SHALL BE PAID TO THE        2,638        

COUNTY TREASURER AND KEPT IN A SEPARATE AND DISTINCT DRAINAGE      2,639        

FUND ESTABLISHED BY THE BOARD TO THE CREDIT OF THE DISTRICT.       2,640        

EXCEPT AS OTHERWISE PROVIDED IN ANY PROCEEDINGS AUTHORIZING OR                  

PROVIDING FOR THE SECURITY FOR AND PAYMENT OF ANY PUBLIC           2,641        

OBLIGATIONS, OR IN ANY INDENTURE OR TRUST OR OTHER AGREEMENT       2,642        

SECURING PUBLIC OBLIGATIONS, MONEYS IN THE DRAINAGE FUND SHALL BE  2,643        

APPLIED FIRST TO THE PAYMENT OF THE COST OF THE MANAGEMENT,        2,644        

MAINTENANCE, AND OPERATION OF THE DRAINAGE FACILITIES OF, OR USED               

OR OPERATED FOR, THE DISTRICT, WHICH COST MAY INCLUDE THE          2,645        

COUNTY'S SHARE OF MANAGEMENT, MAINTENANCE, AND OPERATION COSTS     2,646        

                                                          57     


                                                                 
UNDER COOPERATIVE CONTRACTS FOR THE ACQUISITION, CONSTRUCTION, OR  2,647        

USE OF DRAINAGE FACILITIES AND, IN ACCORDANCE WITH A COST          2,648        

ALLOCATION PLAN ADOPTED UNDER DIVISION (E) OF THIS SECTION,        2,649        

PAYMENT OF ALL ALLOWABLE DIRECT AND INDIRECT COSTS OF THE                       

DISTRICT, THE COUNTY SANITARY ENGINEER OR SANITARY ENGINEERING     2,650        

DEPARTMENT, OR A FEDERAL OR STATE GRANT PROGRAM, INCURRED FOR      2,651        

DRAINAGE PURPOSES UNDER THIS CHAPTER, AND SHALL BE APPLIED SECOND  2,652        

TO THE PAYMENT OF DEBT CHARGES PAYABLE ON ANY OUTSTANDING PUBLIC   2,653        

OBLIGATIONS ISSUED OR INCURRED FOR THE ACQUISITION OR                           

CONSTRUCTION OF DRAINAGE FACILITIES FOR OR SERVING THE DISTRICT,   2,654        

OR FOR THE FUNDING OF A BOND RETIREMENT OR OTHER FUND ESTABLISHED  2,655        

FOR THE PAYMENT OF OR SECURITY FOR THE OBLIGATIONS.  ANY SURPLUS   2,656        

REMAINING MAY BE APPLIED TO THE ACQUISITION OR CONSTRUCTION OF     2,657        

THOSE FACILITIES OR FOR THE PAYMENT OF CONTRIBUTIONS TO BE MADE,   2,658        

OR COSTS INCURRED, FOR THE ACQUISITION OR CONSTRUCTION OF THOSE    2,659        

FACILITIES UNDER COOPERATIVE CONTRACTS.  MONEYS IN THE DRAINAGE    2,660        

FUND SHALL NOT BE EXPENDED OTHER THAN FOR THE USE AND BENEFIT OF                

THE DISTRICT.                                                      2,661        

      (E)  A board of county commissioners may adopt a cost        2,663        

allocation plan that identifies, accumulates, and distributes      2,664        

allowable direct and indirect costs that may be paid from EACH OF  2,665        

the fund FUNDS of the district created in division (A) PURSUANT    2,667        

TO DIVISIONS (C) AND (D) of this section, and THAT prescribes      2,669        

methods for allocating those costs.  The plan shall authorize      2,670        

payment from the fund for EACH OF THOSE FUNDS OF only those costs  2,671        

incurred by the district, the COUNTY sanitary engineer or          2,672        

sanitary engineering department, or a federal or state grant       2,673        

program, and those costs incurred by the general and other funds   2,674        

of the county for a common or joint purpose, that are necessary    2,675        

and reasonable for the proper and efficient administration of the  2,676        

district under this chapter AND PROPERLY ATTRIBUTABLE TO THE       2,677        

PARTICULAR FUND OF THE DISTRICT.  The plan shall not authorize     2,678        

payment from EITHER OF the fund FUNDS of any general government    2,680        

expense required to carry out the overall governmental             2,681        

                                                          58     


                                                                 
responsibilities of a county.  The plan shall conform to United    2,682        

States office of management and budget Circular A-87, "Cost        2,683        

Principles for State and, Local, AND INDIAN TRIBAL Governments,"   2,684        

published January 15 MAY 17, 1983 1995.                            2,686        

      Sec. 6117.04.  The authority of the A board of county        2,695        

commissioners to provide sewer improvements and to ACQUIRE,        2,696        

CONSTRUCT, maintain, and operate the same within SANITARY OR       2,698        

DRAINAGE FACILITIES FOR A COUNTY sewer districts which include a   2,700        

part or all of DISTRICT IN the territory within one or more OF A   2,702        

municipal corporations CORPORATION, OR A REGIONAL DISTRICT         2,703        

ESTABLISHED UNDER CHAPTER 6119. OF THE REVISED CODE, THAT IS IN    2,704        

WHOLE OR IN PART WITHIN THE COUNTY SEWER DISTRICT is the same as   2,706        

provided by law WITH RESPECT TO TERRITORY within districts A       2,707        

COUNTY SEWER DISTRICT THAT IS wholly outside of A municipal        2,710        

corporations, including the levying of assessments.  Such          2,711        

authority shall be limited to main works only, and does not                     

include CORPORATION OR A REGIONAL DISTRICT, SUBJECT TO THE         2,712        

FOLLOWING IN THE CASE OF FACILITIES WITHIN A MUNICIPAL             2,713        

CORPORATION:                                                                    

      (A)  THE ACQUISITION, construction and, maintenance, AND     2,716        

OPERATION of lateral sewers for local service within such THE      2,718        

FACILITIES SHALL FIRST BE AUTHORIZED BY AN ORDINANCE OR            2,719        

RESOLUTION OF THE LEGISLATIVE AUTHORITY OF THE municipal                        

corporation.  All                                                  2,720        

      (B)  ALL road surfaces, curbs, sidewalks, sewers, water      2,723        

pipes SUPPLY FACILITIES, or other public IMPROVEMENTS OR property  2,724        

THAT MAY BE disturbed or damaged by such THE construction OF THE   2,725        

FACILITIES shall be REPLACED OR restored to their original         2,727        

condition within a reasonable time by the board COUNTY, and the    2,729        

cost thereof shall be TREATED AS a part of the cost of such        2,730        

improvement.  After such main works are constructed, such THE      2,731        

FACILITIES.                                                        2,732        

      (C)  THE municipal corporation, WITH THE PRIOR APPROVAL OF   2,735        

OR BY AGREEMENT WITH THE BOARD, may MAKE use OF the same as an     2,736        

                                                          59     


                                                                 
outlet for branch and local sewers constructed by it for the       2,738        

service and use only of that part of the municipal corporation     2,739        

which lies within the area assessed or to be assessed for the      2,740        

cost of such main works, subject to such FACILITIES IN ACCORDANCE  2,741        

WITH rules and regulations as are established by the board and     2,744        

subject to all ANY APPLICABLE requirements of the director of      2,745        

environmental protection.                                          2,746        

      At any time after a district is established comprising or    2,748        

including a part or all of the territory within any municipal      2,749        

corporation, its legislative authority may by ordinance or         2,750        

resolution authorize the board to proceed with the construction    2,751        

or the maintenance, repair, and operation of any sewer             2,752        

improvement for local service within such municipal corporation.   2,753        

After such authority has been granted, the board may proceed with  2,754        

the construction or the maintenance and operation of said          2,755        

improvements in the same manner as provided by law for             2,756        

improvements in districts wholly outside of municipal              2,757        

corporations, under the same restrictions as provided in this      2,758        

section for main works.                                            2,759        

      Sec. 6117.05.  (A)  Whenever any portion of a sewer          2,768        

district is incorporated as, or annexed to, a municipal            2,769        

corporation, the area so incorporated or annexed shall remain      2,770        

under the jurisdiction of the board of county commissioners for    2,771        

sewerage purposes, OF THE ACQUISITION AND CONSTRUCTION OF          2,772        

SANITARY AND DRAINAGE FACILITY IMPROVEMENTS until all sewerage OF  2,773        

THOSE improvements for said THE area for which detailed plans      2,775        

have been prepared and the A resolution declaring the necessity    2,776        

thereof DESCRIBED IN DIVISION (A) OR (E) OF SECTION 6117.06 OF     2,777        

THE REVISED CODE has been adopted by the board have been ACQUIRED  2,780        

OR completed, or until the board has abandoned such projects THE   2,782        

IMPROVEMENTS.  Such THE BOARD, UNLESS AND UNTIL A CONVEYANCE IS    2,783        

MADE TO A MUNICIPAL CORPORATION IN ACCORDANCE WITH DIVISION (B)    2,784        

OF THIS SECTION, SHALL CONTINUE TO HAVE JURISDICTION IN THE AREA   2,785        

SO INCORPORATED OR ANNEXED WITH RESPECT TO THE MANAGEMENT,                      

                                                          60     


                                                                 
MAINTENANCE, AND OPERATION OF ALL SANITARY AND DRAINAGE            2,787        

FACILITIES SO ACQUIRED OR COMPLETED, OR PREVIOUSLY ACQUIRED OR     2,788        

COMPLETED, INCLUDING THE RIGHT TO ESTABLISH RULES AND RATES AND    2,789        

CHARGES FOR THE USE OF, AND CONNECTIONS TO, THE FACILITIES.  THE                

incorporation or annexation of any part of a district shall not    2,791        

interfere with or render illegal any issue of bonds or             2,792        

certificate of indebtedness made AFFECT THE LEGALITY OR                         

ENFORCEABILITY OF ANY PUBLIC OBLIGATIONS ISSUED OR INCURRED by     2,793        

the board COUNTY FOR PURPOSES OF THIS CHAPTER to provide for the   2,795        

payment of the cost of ACQUISITION, construction and,              2,797        

maintenance, OR OPERATION of any sewer improvement SANITARY OR     2,798        

DRAINAGE FACILITIES within such THE area, or with THE VALIDITY OF  2,799        

any assessments levied or to be levied upon the property           2,800        

PROPERTIES within such THE area to provide for the payment of the  2,802        

cost of ACQUISITION, construction and, maintenance, OR OPERATION   2,804        

OF THE FACILITIES.                                                              

      (B)  ANY COMPLETED SANITARY OR DRAINAGE FACILITIES ACQUIRED  2,806        

OR CONSTRUCTED BY A COUNTY UNDER THIS CHAPTER FOR THE USE OF ANY   2,807        

COUNTY SEWER DISTRICT, OR ANY PART OF THOSE FACILITIES, THAT ARE   2,808        

LOCATED WITHIN A MUNICIPAL CORPORATION OR WITHIN ANY AREA THAT IS  2,809        

INCORPORATED AS, OR ANNEXED TO, A MUNICIPAL CORPORATION, OR ANY    2,810        

PART OF THE FACILITIES THAT SERVE A MUNICIPAL CORPORATION OR SUCH  2,811        

AN AREA, MAY BE CONVEYED, BY MUTUAL AGREEMENT BETWEEN THE BOARD    2,812        

AND THE MUNICIPAL CORPORATION, TO THE MUNICIPAL CORPORATION ON                  

TERMS AND FOR CONSIDERATION AS MAY BE NEGOTIATED.  UPON AND AFTER  2,814        

THE CONVEYANCE, THE MUNICIPAL CORPORATION SHALL MANAGE, MAINTAIN,  2,815        

AND OPERATE THE FACILITIES IN ACCORDANCE WITH THE AGREEMENT.  THE  2,817        

BOARD MAY RETAIN THE RIGHT TO JOINT USE OF ALL OR PART OF ANY      2,818        

FACILITIES SO CONVEYED FOR THE BENEFIT OF THE DISTRICT.  NEITHER                

THE VALIDITY OF ANY ASSESSMENT LEVIED OR TO BE LEVIED, NOR THE     2,819        

LEGALITY OR ENFORCEABILITY OF ANY PUBLIC OBLIGATIONS ISSUED OR     2,820        

INCURRED, TO PROVIDE FOR THE PAYMENT OF THE COST OF THE            2,821        

ACQUISITION, CONSTRUCTION, MAINTENANCE, OR OPERATION OF THE        2,822        

FACILITIES OR ANY PART OF THEM, SHALL BE AFFECTED BY THE                        

                                                          61     


                                                                 
CONVEYANCE.                                                        2,823        

      Sec. 6117.06.  (A)  After the establishment of any sewer     2,832        

district, the board of county commissioners shall, IF A SANITARY   2,834        

OR DRAINAGE FACILITY IMPROVEMENT IS TO BE UNDERTAKEN, MAY have     2,835        

prepared by the county sanitary engineer PREPARE, OR OTHERWISE     2,837        

CAUSE TO BE PREPARED, FOR THE DISTRICT, OR REVISE AS NEEDED, a     2,839        

general plan of sewerage and sewage disposal for such district,    2,840        

OR DRAINAGE THAT IS as complete IN EACH CASE as can be made        2,841        

DEVELOPED at that THE time AND THAT IS DEVISED WITH REGARD TO ANY  2,842        

EXISTING SANITARY OR DRAINAGE FACILITIES IN THE DISTRICT AND       2,843        

PRESENT AS WELL AS PROSPECTIVE NEEDS FOR ADDITIONAL SANITARY OR    2,844        

DRAINAGE FACILITIES IN THE DISTRICT.  After such THE general       2,845        

plan, IN ORIGINAL OR REVISED FORM, has been approved by the        2,846        

board, it shall MAY ADOPT A RESOLUTION GENERALLY DESCRIBING THE    2,847        

IMPROVEMENT THAT IS NECESSARY TO BE ACQUIRED OR CONSTRUCTED IN     2,849        

ACCORDANCE WITH THE PARTICULAR PLAN, DECLARING THAT THE            2,850        

IMPROVEMENT IS NECESSARY FOR THE PRESERVATION AND PROMOTION OF     2,851        

THE PUBLIC HEALTH AND WELFARE, AND DETERMINING WHETHER OR NOT                   

SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED TO PAY ANY      2,852        

PART OF THE COST OF THE IMPROVEMENT.                               2,853        

      (B)  IF SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED AND         2,855        

COLLECTED TO PAY ANY PART OF THE COST OF THE IMPROVEMENT, THE      2,856        

BOARD, IN THE RESOLUTION PROVIDED FOR IN DIVISION (A) OF THIS      2,857        

SECTION OR IN A SUBSEQUENT RESOLUTION, INCLUDING A RESOLUTION      2,858        

AUTHORIZING THE ISSUANCE OR INCURRENCE OF PUBLIC OBLIGATIONS FOR   2,859        

THE IMPROVEMENT, MAY AUTHORIZE THE IMPROVEMENT AND THE                          

EXPENDITURE OF THE FUNDS REQUIRED FOR ITS ACQUISITION OR           2,860        

CONSTRUCTION AND MAY PROCEED WITH THE IMPROVEMENT WITHOUT REGARD   2,861        

TO THE PROCEDURES OTHERWISE REQUIRED BY DIVISIONS (C), (D), AND    2,862        

(E) OF THIS SECTION AND BY SECTIONS 6117.07 TO 6117.24 OF THE      2,863        

REVISED CODE.  THOSE PROCEDURES ARE REQUIRED ONLY FOR              2,864        

IMPROVEMENTS FOR WHICH SPECIAL ASSESSMENTS ARE TO BE LEVIED AND    2,865        

COLLECTED.                                                                      

      (C)  IF SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED   2,867        

                                                          62     


                                                                 
PURSUANT TO A DETERMINATION MADE IN THE RESOLUTION PROVIDED FOR    2,868        

IN DIVISION (A) OF THIS SECTION OR IN A SUBSEQUENT RESOLUTION,     2,869        

THE PROCEDURES REFERRED TO IN DIVISION (B) OF THIS SECTION AS      2,870        

BEING REQUIRED FOR THAT PURPOSE SHALL APPLY, AND THE BOARD MAY     2,871        

have prepared by the COUNTY sanitary engineer PREPARE, OR          2,873        

OTHERWISE CAUSE TO BE PREPARED, detailed plans, specifications,    2,874        

and estimates AN ESTIMATE of cost of such parts of FOR the         2,875        

improvement as it is necessary to then construct, together with a  2,876        

tentative assessment of the cost based on such THE estimate.       2,877        

Such THE tentative assessment shall be for the information of      2,879        

property owners, and shall not be LEVIED OR certified to the       2,880        

county auditor for collection.  Such THE detailed plans,           2,882        

specifications, estimates ESTIMATE of cost, and tentative          2,884        

assessment, so prepared by the sanitary engineer and IF approved   2,886        

by the board, shall be carefully preserved in the office of the    2,887        

board or the COUNTY sanitary engineer and shall be open to THE     2,888        

inspection of all persons interested in such THE improvement.      2,889        

      (B)(D)  After THE BOARD'S approval of the detailed plans,    2,892        

specifications, estimates ESTIMATE of cost, and tentative          2,893        

assessment, and at least twenty-four days before adopting a        2,895        

resolution as required by PURSUANT TO division (C)(E) of this      2,897        

section, the board, EXCEPT TO THE EXTENT THAT APPROPRIATE WAIVERS  2,898        

OF NOTICE ARE OBTAINED FROM AFFECTED OWNERS, shall send CAUSE TO   2,899        

BE SENT a notice of its intent to consider or adopt a THE          2,901        

resolution to each owner of property PROPOSED TO BE ASSESSED that  2,903        

is listed on the records of the county auditor for current         2,905        

agricultural use value taxation pursuant to section 5713.31 of     2,906        

the Revised Code and that is not located in an agricultural        2,907        

district established under section 929.02 of the Revised Code.     2,908        

The notice shall SATISFY ALL OF THE FOLLOWING:                                  

      (1)  Be sent by first class or certified mail;               2,910        

      (2)  Specify the proposed date of the adoption of the        2,912        

resolution;                                                        2,913        

      (3)  Contain a statement that the project IMPROVEMENT will   2,915        

                                                          63     


                                                                 
be financed in whole or in part by special assessments and that    2,917        

all owners of property PROPERTIES not located in an agricultural   2,918        

district established pursuant to section 929.02 of the Revised     2,920        

Code may be subject to a special assessment; and                   2,921        

      (4)  Contain a statement that an agricultural district may   2,923        

be established by filing an application with the county auditor.   2,924        

      If it appears, by the return of the mailed notices or by     2,926        

other means, that one or more of the AFFECTED owners of property   2,928        

cannot be found or are not served by the mailed notice, the board  2,929        

shall publish CAUSE the notice TO BE PUBLISHED ONCE in a           2,930        

newspaper of general circulation within IN the county not later    2,932        

than ten days before the adoption of the resolution.               2,933        

      (C)(E)  After complying with divisions (A), (C), and (B)(D)  2,936        

of this section, the board shall MAY adopt a resolution declaring  2,937        

that such THE improvement, describing the same WHICH SHALL BE      2,939        

DESCRIBED AS TO ITS NATURE and the ITS location, route, and        2,940        

termini thereof, is necessary for the preservation and promotion   2,941        

of THE public health and welfare, referring to the plans,          2,942        

specifications, estimates ESTIMATE of cost, and tentative          2,943        

assessments ASSESSMENT, stating the place where they are on file   2,945        

and may be examined, and what part of PROVIDING THAT the ENTIRE    2,946        

cost OR A LESSER DESIGNATED PART OF THE COST will be paid by the   2,947        

county at large and what part will be specially assessed against   2,949        

the benefited property PROPERTIES within the district AND THAT     2,950        

ANY BALANCE WILL BE PAID BY THE COUNTY AT LARGE FROM OTHER         2,951        

AVAILABLE FUNDS.  Such THE resolution shall also SHALL contain a   2,953        

description of the boundaries of that part of the district to be   2,954        

assessed, and may include the estimated cost of maintaining the    2,955        

improvement for one year.  The resolution shall designate a time   2,956        

and place, to be fixed by the board, when and where FOR                         

objections to the improvement, to the tentative assessment, or to  2,957        

the boundaries of the assessment district will TO be heard by the  2,959        

board.  The date of such THAT hearing shall be not less than       2,960        

twenty-four days after the date of the first publication of the    2,961        

                                                          64     


                                                                 
notice OF THE HEARING required by this section DIVISION.  The      2,963        

      THE board shall publish CAUSE a notice of the hearing TO BE  2,967        

PUBLISHED once a week for two consecutive weeks in a newspaper of  2,969        

general circulation within IN the county, and on or before the     2,970        

date of the second publication, IT shall send CAUSE TO BE SENT by  2,971        

ordinary first class or certified mail a copy of the notice to     2,972        

every owner of property to be assessed for such THE improvement    2,973        

whose address is known.  The                                       2,975        

      THE notice shall set forth the time and place of such THE    2,977        

hearing, a summary description of the proposed improvement,        2,978        

including its general route and termini, a summary description of  2,979        

the area to be assessed CONSTITUTING THE ASSESSMENT DISTRICT, and  2,981        

the place where the plans, specifications, estimates ESTIMATE of   2,982        

cost, and tentative assessments ASSESSMENT are on file and may be  2,984        

examined.  The EACH MAILED notice shall also SHALL include a       2,985        

statement that the property of the addressee will be assessed for  2,986        

such THE improvement.  THE NOTICE ALSO                             2,987        

      Notice of such hearing shall be mailed SENT BY FIRST CLASS   2,989        

OR CERTIFIED MAIL, ON OR BEFORE THE DATE OF THE SECOND             2,990        

PUBLICATION, to the clerk, OR TO THE OFFICIAL DISCHARGING THE      2,991        

DUTIES OF A CLERK, of any municipal corporation any part of which  2,993        

lies within the assessment district AND SHALL STATE WHETHER OR     2,994        

NOT ANY PROPERTY BELONGING TO THE MUNICIPAL CORPORATION IS TO BE   2,995        

ASSESSED AND, IF SO, SHALL IDENTIFY THAT PROPERTY.                 2,996        

      A AT THE hearing shall be granted by, OR AT ANY ADJOURNMENT  2,999        

OF THE HEARING, OF WHICH NO FURTHER PUBLISHED OR MAILED NOTICE                  

NEED BE GIVEN, the board to SHALL HEAR all parties interested at   3,001        

the time and place fixed by such resolution and notice WHOSE       3,002        

PROPERTIES ARE PROPOSED TO BE ASSESSED.  Written objections to or  3,003        

indorsements ENDORSEMENTS of the proposed improvement or the, ITS  3,004        

character and termini thereof, the boundaries of the assessment    3,006        

district, or the tentative assessment shall be received by the     3,007        

board for a period of five days after the COMPLETION OF THE        3,008        

hearing.  No, AND NO action shall be taken by the board in the     3,010        

                                                          65     


                                                                 
matter until after such THAT period has elapsed.  The minutes of   3,011        

the hearing shall be entered on the journal of the board, showing  3,013        

the persons who appear in person or by attorney.  All, AND ALL     3,014        

written objections shall be preserved and filed in the office of   3,016        

the board.                                                                      

      Sec. 6117.08.  After the passage ADOPTION of the A           3,025        

resolution to proceed with an improvement as provided for in       3,027        

section 6117.07 of the Revised Code, no further action THE         3,028        

CONSTRUCTION OF THE IMPROVEMENT shall be taken or work done in     3,029        

connection therewith DEFERRED until ten days have elapsed.  If,    3,031        

at the expiration of such THAT period, no appeal has been          3,032        

effected by any property owner, as provided in sections 6117.09    3,034        

to 6117.24, inclusive, of the Revised Code, the action of the      3,035        

board OF COUNTY COMMISSIONERS shall be final, and the board may    3,037        

proceed to issue and sell bonds or certificates of indebtedness    3,038        

INCUR PUBLIC OBLIGATIONS and to construct such THE improvement.    3,039        

If, at the end of THAT ten days, any owner of property to be       3,041        

assessed or taxed for the improvement has effected such AN         3,042        

appeal, then said work THE CONSTRUCTION OF THE IMPROVEMENT shall   3,044        

not be proceeded with DEFERRED until the matters appealed from     3,045        

have been disposed of in court.                                    3,046        

      Sec. 6117.23.  The final judgment of the probate court may   3,055        

be reviewed on appeal as in other cases.  If AN appeal is          3,056        

prosecuted from the judgment of the probate court as to the        3,057        

question of necessity of the improvement, no action shall be       3,058        

taken by the board of county commissioners in proceeding with THE  3,059        

CONSTRUCTION OF the improvement SHALL BE DEFERRED until such THE   3,061        

appeal is finally disposed of.  If an appeal is prosecuted from    3,062        

the judgment of the court as to the inclusion of any property in   3,063        

the assessment district or as to the apportionment of the          3,064        

tentative assessment, the board OF COUNTY COMMISSIONERS may        3,065        

proceed with the CONSTRUCTION OF THE improvement in accordance     3,066        

with the transcript of the probate court and shall thereafter      3,068        

SHALL adjust such THOSE matters TO THE EXTENT NECESSARY in         3,069        

                                                          66     


                                                                 
accordance with the THEIR final adjudication in regard thereto.    3,071        

      Sec. 6117.251.  (A)  After the establishment of any COUNTY   3,080        

sewer district, the board of county commissioners may determine    3,082        

by resolution that it is necessary to provide sewer and sewage     3,083        

disposal SANITARY OR DRAINAGE FACILITY improvements and to         3,085        

maintain and operate the same IMPROVEMENTS within the sewer        3,087        

district or a designated portion thereof and OF THE DISTRICT,      3,088        

that such sewer and sewage disposal THE improvements, WHICH SHALL  3,089        

BE generally described in such THE resolution, shall be            3,091        

constructed, THAT FUNDS ARE REQUIRED TO PAY THE PRELIMINARY COSTS  3,092        

OF THE IMPROVEMENTS TO BE INCURRED PRIOR TO THE COMMENCEMENT OF    3,093        

THE PROCEEDINGS FOR THEIR CONSTRUCTION, AND THAT THOSE FUNDS       3,094        

SHALL BE PROVIDED IN ACCORDANCE WITH THIS SECTION.                              

      (B)  Prior to the adoption of such THE resolution, the       3,096        

board of county commissioners shall give notice of the ITS         3,098        

pendency thereof and of the proposed determination of the          3,100        

necessity of the improvements therein generally described, which   3,101        

IN THE RESOLUTION.  THE notice shall set forth a description of    3,103        

the properties to be benefited by the improvements and the time    3,104        

and place of A hearing of objections to and endorsements of the    3,106        

improvements.  Such THE notice shall be given EITHER by            3,107        

publication in a newspaper of general circulation IN THE COUNTY    3,108        

once a week for two consecutive weeks, OR BY MAILING A COPY OF     3,110        

THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO THE OWNERS OF THE   3,111        

PROPERTIES PROPOSED TO BE ASSESSED AT THEIR RESPECTIVE TAX         3,112        

MAILING ADDRESSES, OR BY BOTH MANNERS, the first publication to    3,113        

be MADE OR THE MAILING TO OCCUR at least two weeks prior to the    3,115        

date set for the hearing.  At such THE hearing, or at any          3,116        

adjournment thereof OF THE HEARING, of which no further published  3,118        

OR MAILED notice need be given, the board of county commissioners  3,119        

shall hear all persons whose properties are proposed to be         3,120        

assessed, and such THE evidence as is deemed IT CONSIDERS to be    3,121        

necessary, and shall.  THE BOARD then SHALL determine the          3,123        

necessity of the proposed improvement, IMPROVEMENTS and in         3,124        

                                                          67     


                                                                 
addition shall determine whether such THE improvements shall be    3,126        

made by the board of county commissioners and, IF THEY ARE TO BE   3,127        

MADE, shall direct the preparation of tentative assessments upon   3,129        

the benefited properties and by whom they shall be prepared.       3,130        

      Thereupon in (C)  IN order to obtain funds for the           3,132        

preparation of a general OR REVISED GENERAL plan of sewers or      3,134        

sewers and sewage disposal works SEWERAGE OR DRAINAGE for such     3,136        

THE district or part thereof and OF THE DISTRICT, FOR THE          3,137        

PREPARATION OF the detailed plans, specifications, estimates       3,138        

ESTIMATE of cost, preparation of the AND tentative assessment FOR  3,140        

THE PROPOSED IMPROVEMENTS, and FOR the cost of financing and       3,141        

legal services incident to the preparation of all of such THOSE    3,142        

plans and a plan of financing the proposed improvement             3,144        

IMPROVEMENTS, the board of county commissioners may levy upon the  3,146        

property PROPERTIES to be benefited in such THE district a         3,147        

preliminary assessment apportioned according to benefits or to     3,148        

tax valuation or partly by one method and partly by the other,     3,149        

METHOD as the board of county commissioners may determine.  Such   3,151        

THE assessments shall be in the amount determined to be necessary  3,153        

to obtain funds for such THE general and detailed plans and such   3,154        

costs THE COST of financing and legal services and shall be        3,156        

payable in such THE number of years as THAT the board of county    3,157        

commissioners shall determine, not to exceed twenty years,         3,159        

together with interest on any notes which PUBLIC OBLIGATIONS THAT  3,160        

may be issued OR INCURRED in anticipation of the collection of     3,162        

such THE assessments.                                                           

      (D)  The board of county commissioners shall have power at   3,164        

any time to levy additional assessments according to benefits or   3,166        

to tax valuation or partly by one method and partly by the other,  3,167        

METHOD as the board of county commissioners may determine for      3,169        

such THE purposes DESCRIBED IN DIVISION (C) OF THIS SECTION upon   3,171        

such THE BENEFITED properties to complete the payment of such THE  3,173        

costs DESCRIBED IN DIVISION (C) OF THIS SECTION or to pay the      3,174        

cost of any additional plans, specifications, estimates ESTIMATE   3,176        

                                                          68     


                                                                 
of cost, OR tentative assessments ASSESSMENT and the cost of       3,178        

financing and legal services incident to the preparation of such   3,179        

THOSE plans and such THE plan of financing, which additional       3,180        

assessments shall be payable in such THE number of years as THAT   3,182        

the legislative authority BOARD shall determine, not to exceed     3,183        

twenty years, together with interest on any notes and bonds which  3,185        

PUBLIC OBLIGATIONS THAT may be issued OR INCURRED in anticipation  3,187        

of the collection thereof OF THE ADDITIONAL ASSESSMENTS.           3,188        

      (E)  Prior to the adoption of the A resolution levying such  3,191        

assessments UNDER THIS SECTION, the board shall give at least ten  3,192        

days' notice EITHER BY ONE PUBLICATION in one A newspaper of       3,194        

general circulation in the county which shall state, OR BY                      

MAILING A COPY OF THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO   3,195        

THE OWNERS OF THE PROPERTIES PROPOSED TO BE ASSESSED AT THEIR      3,196        

RESPECTIVE TAX MAILING ADDRESSES, OR BY BOTH MANNERS, THE          3,197        

PUBLICATION TO BE MADE OR THE MAILING TO OCCUR AT LEAST TEN DAYS   3,198        

PRIOR TO the time and place when and where such DATE OF THE        3,200        

MEETING AT WHICH THE resolution shall be taken up for              3,201        

consideration; THAT NOTICE SHALL STATE THE TIME AND PLACE OF THE   3,202        

MEETING AT WHICH THE RESOLUTION IS TO BE CONSIDERED.  At such THE  3,204        

time and place OF THE MEETING, or at any adjournment thereof OF    3,205        

THE MEETING, of which no further published OR MAILED notice need   3,206        

be given, the board shall hear all persons whose properties are    3,207        

proposed to be assessed, shall correct any errors and make any     3,208        

revisions that appear to be necessary or just, and may then pass   3,209        

MAY ADOPT a resolution levying upon the properties determined to   3,211        

be benefited such THE assessments as so corrected and revised.     3,212        

      The assessments levied by such THE resolution shall be       3,214        

certified to the county auditor for collection IN THE SAME MANNER  3,216        

as other taxes in the year or years in which they are payable.     3,218        

      (F)  Upon the adoption of such THE resolution DESCRIBED IN   3,221        

DIVISION (E) OF THIS SECTION, no further action shall be taken or  3,223        

work done until ten days have elapsed.  If, at the expiration of   3,224        

such THAT period, no appeal has been effected by any property      3,226        

                                                          69     


                                                                 
owner as herein provided IN THIS DIVISION, the action of the       3,227        

board shall be final.  If, at the end of THAT ten days, any owner  3,228        

of property to be assessed for the improvement IMPROVEMENTS has    3,230        

effected such an appeal then, no further action shall be taken     3,232        

and no work done in connection with such THE improvements under    3,233        

said THE resolution until the matters appealed from have been      3,235        

disposed of in court.                                                           

      Any owner of property to be assessed may appeal as provided  3,237        

and upon the grounds stated in sections 6117.09 to 6117.24,        3,238        

inclusive, of the Revised Code.                                    3,239        

      If no appeal has been perfected or if on appeal the          3,241        

resolution of award of county commissioners THE BOARD is           3,242        

sustained, the board of county commissioners may authorize AND     3,244        

ENTER INTO contracts to carry out the purposes for which such THE  3,246        

assessments have been levied without the prior issuance of notes,  3,248        

provided that the payments due by the board of county              3,249        

commissioners UNDER THOSE CONTRACTS do not fall due prior to the   3,250        

time in BY which such THE assessments shall ARE TO be collected.   3,252        

The board of county commissioners shall also have power to MAY     3,253        

issue and sell its bonds with a maximum maturity of twenty years   3,255        

in anticipation of the collection of such THE assessments and may  3,256        

issue its notes in anticipation of the issuance of such THE        3,258        

bonds, which notes and bonds, AS PUBLIC OBLIGATIONS, shall be      3,259        

issued and sold as provided in Chapter 133. of the Revised Code.   3,261        

      Sec. 6117.28.  Whenever the owners of all the lots and       3,270        

lands to be benefited by, and to be assessed for, any sewer        3,271        

SANITARY OR DRAINAGE FACILITY improvement or sewage treatment      3,273        

works, provided for in sections 6117.01 to 6117.45, inclusive, of  3,274        

the Revised Code THIS CHAPTER, by petition in writing, request     3,276        

the board of county commissioners to provide for the ACQUISITION                

OR construction, maintenance, and operation of any such            3,278        

improvements THE IMPROVEMENT, describing the improvements desired  3,280        

IMPROVEMENT and the lots and lands owned by them respectively to   3,281        

be assessed to pay the cost and OF ACQUISITION OR CONSTRUCTION,    3,282        

                                                          70     


                                                                 
maintenance, AND OPERATION of such improvements, THE IMPROVEMENT   3,284        

and consenting that their said lots and lands may be assessed to   3,285        

pay the cost of such improvements THE ACQUISITION OR CONSTRUCTION  3,286        

OF THE IMPROVEMENT and of ITS maintenance and operation as         3,287        

provided in such sections THIS CHAPTER, and waive notice and the   3,288        

publication of all resolutions and legal notices provided for in   3,290        

such sections OTHERWISE REQUIRED, the board shall MAY HAVE THE     3,293        

COUNTY SANITARY ENGINEER prepare, OR OTHERWISE CAUSE TO BE         3,294        

PREPARED, the necessary plans, specifications, and estimates       3,296        

ESTIMATE of cost of THE ACQUISITION OR construction, maintenance,  3,297        

and operation thereof, OF THE IMPROVEMENT and a tentative          3,298        

assessment.  When all the owners of the lots and lands to be       3,300        

benefited by and assessed for the proposed improvements state, in  3,301        

writing, that they have examined the estimated ESTIMATE OF cost    3,302        

and tentative assessment as made by the county sanitary engineer,  3,305        

that they have no objection thereto OBJECTIONS TO THEM, and that,  3,307        

in case bonds are sold PROPOSED TO BE ISSUED prior to the          3,309        

ACQUISITION OR construction of the improvements IMPROVEMENT, they  3,311        

waive their right of OR option to pay the assessments in cash,     3,313        

then the board shall MAY proceed, as provided in such sections,    3,315        

THIS CHAPTER to cause such improvements THE IMPROVEMENT to be      3,316        

ACQUIRED OR constructed and TO CAUSE provision to be made for the  3,318        

payment of the cost of ITS ACQUISITION OR construction,            3,320        

maintenance, and operation in accordance with such sections,       3,321        

except that none of the notices or publications OTHERWISE          3,322        

required by law need be made nor any GIVEN AND NO opportunity      3,323        

NEED be given PROVIDED for THE filing of objections to the         3,325        

improvement, ITS CHARACTER AND TERMINI, THE BOUNDARIES OF THE      3,326        

ASSESSMENT DISTRICT, or to the TENTATIVE assessment or, if bonds   3,328        

have been sold ARE ISSUED PRIOR TO THE ACQUISITION OR              3,329        

CONSTRUCTION OF THE IMPROVEMENT, for paying the assessments in     3,330        

cash.  The board shall forthwith MAY proceed to authorize and      3,332        

issue bonds or certificates INCUR PUBLIC OBLIGATIONS IN THE        3,334        

REQUIRED AMOUNT, COMPLETE THE ACQUISITION OR CONSTRUCTION of       3,335        

                                                          71     


                                                                 
indebtedness THE IMPROVEMENT, and levy and collect the             3,336        

assessments authorized in sections 6117.01 to 6117.40, inclusive,  3,338        

of the Revised Code BY THIS CHAPTER.  No person, firm, or          3,339        

corporation may PUBLIC AGENCY SHALL HAVE THE RIGHT TO appeal from  3,340        

any decision or action of the board in the matter except refusal   3,343        

by the board to proceed with such THE improvement.  The            3,344        

      THE tentative assessment provided for in this section shall  3,347        

be for the information of property owners and shall not be LEVIED  3,348        

OR certified to the county auditor for collection.  On completion  3,350        

of the work IMPROVEMENT, the ITS cost thereof shall be             3,351        

determined, including incidental expense as defined in sections    3,353        

6117.01 to 6117.40, inclusive, of the Revised Code, and a revised  3,355        

assessment shall be prepared by the COUNTY sanitary engineer       3,356        

SHALL PREPARE, OR OTHERWISE CAUSE TO BE PREPARED, A REVISED        3,357        

ASSESSMENT based on such THE actual cost and in substantially the  3,359        

same proportion as the tentative assessment.  The board shall      3,361        

confirm such AND LEVY THE revised assessment and certify the same  3,363        

IT to the COUNTY auditor for collection.                           3,364        

      Sec. 6117.29.  The cost of any improvement provided for in   3,373        

sections 6117.01 to 6117.40, inclusive, of the Revised Code, THIS  3,374        

CHAPTER and the cost of the ITS maintenance and operation thereof  3,376        

shall include, in addition to the cost of ITS ACQUISITION OR       3,378        

construction, the cost of engineering, necessary publications,     3,379        

inspection, interest on certificates of indebtedness or on bonds   3,380        

PUBLIC OBLIGATIONS, and all other items of cost incident to such   3,382        

THE improvement AS DESCRIBED IN DIVISION (B) OF SECTION 133.15 OF  3,383        

THE REVISED CODE.  The county may pay FROM AVAILABLE COUNTY FUNDS  3,384        

any part of the cost of such THE improvement and ANY PART of the   3,385        

COST OF ITS maintenance and operation thereof if the board of      3,387        

county commissioners deems such CONSIDERS THE payment TO BE just.  3,388        

      Sec. 6117.30.  The cost and expense of the ACQUISITION OR    3,397        

construction of a main, branch or intercepting sewer or sewerage   3,399        

treatment or disposal works SANITARY OR DRAINAGE FACILITIES to be  3,400        

paid by assessment ASSESSMENTS shall be assessed, as an            3,401        

                                                          72     


                                                                 
assessment district assessment, upon all the property within such  3,403        

THE COUNTY SEWER district found to be benefited in accordance      3,404        

with the special benefits conferred, less such ANY part of said    3,405        

THE cost as THAT is paid by the county at large, and state lands   3,407        

FROM OTHER AVAILABLE FUNDS.  STATE LAND so benefited shall bear    3,409        

its proportion PORTION of THE assessed cost according to special   3,410        

benefit.                                                           3,411        

      Sec. 6117.32.  The county sanitary engineer, upon the        3,420        

completion of any improvement under sections 6117.01 to 6117.45,   3,421        

inclusive, of the Revised Code IN ACCORDANCE WITH THIS CHAPTER,    3,422        

shall prepare, OR OTHERWISE CAUSE TO BE PREPARED, and SHALL        3,424        

present to the board of county commissioners a revised             3,425        

assessment, based on the tentative assessment previously ratified  3,426        

by the board for such THE improvement, or, if such THE tentative   3,428        

assessment has been revised by order of court, BASED on such THE   3,430        

revised tentative assessment, the assessment levied on each piece  3,432        

of property being modified in substantially the same proportion    3,433        

as the actual cost of the work IMPROVEMENT, including incidental   3,434        

costs provided for in sections 6117.01 to 6117.40, inclusive, of   3,436        

the Revised Code, bears to the estimated cost on which such THE    3,437        

tentative assessment was based.  No notice of such THE revised     3,439        

assessment shall be given unless such THE actual cost exceed       3,441        

EXCEEDS the estimated cost.  If the actual cost exceeds the        3,442        

estimated cost, notice shall be given TO all property owners       3,443        

within the assessment district and shall be published as provided  3,444        

BY SECTION 6117.07 OF THE REVISED CODE for amendments of the                    

tentative assessment.  Any, AND ANY property owner may appeal as   3,446        

provided for in THE case of A tentative assessments ASSESSMENT.    3,448        

The board shall confirm such THE revised assessment, and, when so  3,450        

confirmed, the same is IT SHALL BE final AND CONCLUSIVE.  If an    3,453        

appeal has been made, as provided in this section, such THAT       3,454        

confirmation shall be subject to the finding of the court.  The    3,455        

      THE board may, at such intervals as it deems CONSIDERS       3,459        

expedient, assess MAY LEVY AN ADDITIONAL ASSESSMENT ON the lots    3,461        

                                                          73     


                                                                 
and parcels of land specified in said notice of assessment and     3,462        

levy taxes upon the taxable property of the district so improved   3,463        

ASSESSED FOR THE IMPROVEMENT, INCLUDING STATE LAND, IN ORDER to    3,464        

pay the cost of the maintenance, REPAIR, and operation of any      3,466        

such THE improvement, including disposal of sewage, after ITS      3,467        

completion thereof, and for the purpose of keeping clean and in    3,468        

repair ditches, drains and water-courses serving such              3,469        

improvements.  No FURTHER notice shall be necessary of such        3,471        

maintenance, repair, or operation THAT ADDITIONAL assessment       3,472        

SHALL BE NECESSARY unless the amount thereof OF IT exceeds ten     3,474        

per cent of the original cost of the construction ACQUIRING OR     3,475        

CONSTRUCTING THE IMPROVEMENT.  If such maintenance, repair, and    3,476        

operation THAT ADDITIONAL assessment exceeds ten per cent of the   3,478        

original cost of the construction ACQUIRING OR CONSTRUCTING THE    3,479        

IMPROVEMENT, the METHOD AND manner of making said THAT ADDITIONAL  3,480        

assessment, together with the notice thereof OF IT, shall be the   3,482        

same as provided in sections 6117.01 to 6117.45, inclusive, of     3,484        

the Revised Code, THIS CHAPTER for the original assessment.  THAT  3,485        

ADDITIONAL ASSESSMENT SHALL BE SUBJECT TO ANY APPLICABLE           3,486        

PROVISIONS OF SECTION 6117.33 OF THE REVISED CODE, PROVIDED THAT                

THE ASSESSMENT MAY BEAR INTEREST AT A RATE AS THE BOARD            3,487        

DETERMINES TO BE APPROPRIATE.                                                   

      Sec. 6117.34.  Whenever the legislative authority or board   3,496        

of health, or the officers performing the duties of the            3,497        

legislative authority or board of health, of a municipal           3,498        

corporation, the board of health of a general health district, or  3,499        

a board of township trustees makes complaint, in writing, to the   3,500        

environmental protection agency that unsanitary conditions exist   3,501        

in any county, the AGENCY'S director of environmental protection   3,502        

shall forthwith SHALL inquire into and investigate the conditions  3,504        

complained of.  If, upon investigation of such THE complaint, the  3,506        

director finds that it is necessary for the public health and      3,507        

welfare that sewer improvements or sewage treatment or disposal    3,508        

works SANITARY OR DRAINAGE FACILITIES be ACQUIRED OR constructed,  3,510        

                                                          74     


                                                                 
maintained, and operated for the service of TO SERVE any           3,511        

territory outside of municipal corporations in any county, the     3,512        

director shall notify the board of county commissioners of such    3,513        

THE county of its THAT finding AND ORDER THAT CORRECTIVE ACTION    3,515        

BE TAKEN.  The board shall obey such THE order and proceed as      3,517        

provided in sections 6117.01 to 6117.45 of the Revised Code, THIS  3,518        

CHAPTER to establish A COUNTY sewer districts DISTRICT, IF         3,519        

REQUIRED, TO provide THE necessary funds, and TO ACQUIRE OR        3,521        

construct such sewers or treatment works THE FACILITIES, or AND    3,523        

TO maintain, repair, or AND operate the same FACILITIES, as are    3,524        

required by such THE order and in such A manner as THAT is         3,526        

satisfactory to the director.  Any PART or all of the cost of      3,528        

such improvement THE FACILITIES or OF THE maintenance AND          3,529        

OPERATION OF THE FACILITIES may be assessed upon the property      3,530        

benefited PROPERTIES as provided in sections 6117.01 to 6117.45    3,531        

of the Revised Code THIS CHAPTER.                                  3,532        

      Sec. 6117.38.  (A)  At any time after the formation of any   3,541        

COUNTY sewer district, the board of county commissioners, when it  3,543        

deems CONSIDERS it expedient APPROPRIATE, on application by a      3,545        

corporation, individual, PERSON or public institution AGENCY FOR   3,547        

THE PROVISION OF SEWERAGE OR DRAINAGE TO PROPERTIES OF THE PERSON  3,548        

OR PUBLIC AGENCY LOCATED outside of any THE district, may          3,549        

contract with such corporation, individual, THE PERSON or public   3,550        

institution AGENCY for depositing sewage OR DRAINAGE from          3,552        

premises outside such district THOSE PROPERTIES in the sewers      3,554        

FACILITIES ACQUIRED OR constructed or to be ACQUIRED OR            3,555        

constructed BY THE COUNTY to serve such THE district and for the   3,557        

treatment or, disposal thereof, AND DISPOSITION OF THE SEWAGE OR   3,558        

DRAINAGE, on such terms as THAT the board deems CONSIDERS          3,560        

equitable.  The amount to be paid BY THE PERSON OR PUBLIC AGENCY   3,561        

TO REIMBURSE THE COUNTY FOR COSTS OF ACQUIRING OR CONSTRUCTING     3,562        

THOSE FACILITIES shall not be less than the original OR            3,563        

COMPARABLE assessment for similar property within the district     3,565        

OR, and such IN THE ABSENCE OF AN ORIGINAL OR COMPARABLE           3,566        

                                                          75     


                                                                 
ASSESSMENT, AN AMOUNT THAT IS FOUND BY THE BOARD TO BE REASONABLE               

AND FAIRLY REFLECTIVE OF THAT PORTION OF THE COST OF THOSE         3,567        

FACILITIES ATTRIBUTABLE TO THE PROPERTIES TO BE SERVED.  THE       3,568        

board shall appropriate any moneys received for such THAT service  3,570        

to and for the use and benefit of such THE district.  When the     3,572        

THE board deems it necessary to contract with a corporation,       3,574        

individual, or public institution for depositing sewage from       3,575        

premises outside such district in the sewers constructed or to be  3,576        

constructed to serve such district, it shall so determine by       3,577        

resolution, and may collect said THE amount in cash TO BE PAID BY  3,579        

THE PERSON OR PUBLIC AGENCY IN FULL, IN CASH OR IN INSTALLMENTS    3,580        

AS A PART OF A CONNECTION CHARGE TO BE COLLECTED IN ACCORDANCE     3,581        

WITH DIVISION (B) OR (D) OF SECTION 6117.02 OF THE REVISED CODE,   3,582        

or IF THE PROPERTIES TO BE SERVED ARE LOCATED WITHIN THE COUNTY,   3,583        

the same AMOUNT may be assessed against said lots or parcels of    3,585        

land THOSE PROPERTIES, and, IN THAT EVENT, the manner of making    3,587        

said THE assessment, together with the notice thereof OF IT,       3,588        

shall be the same as provided in sections 6117.01 to 6117.40,      3,590        

inclusive, of the Revised Code, for the original assessment THIS   3,591        

CHAPTER.                                                                        

      (B)  Whenever sewers SANITARY OR DRAINAGE FACILITIES have    3,594        

been ACQUIRED OR constructed by, AND AT THE EXPENSE OF, a          3,595        

corporation, individual, PERSON or public institution at its own   3,596        

cost for the purpose of providing sewerage for any allotment,      3,597        

development, subdivision, or similar enterprise, or for any        3,598        

institution, AGENCY and the board deems CONSIDERS it expedient     3,600        

APPROPRIATE to acquire said sewers THE FACILITIES or any part      3,601        

thereof OF THEM for the purpose of providing sewerage for OR       3,603        

DRAINAGE SERVICE TO territory outside the allotment, subdivision,  3,604        

development, or other such enterprise for which such sewers were   3,605        

constructed, such additional territory being within a SEWER        3,606        

district, the county sanitary engineer, AT THE DIRECTION OF THE    3,607        

BOARD, shall examine said sewers THE FACILITIES.  If he THE        3,608        

COUNTY SANITARY ENGINEER finds such sewers THE FACILITIES          3,611        

                                                          76     


                                                                 
properly designed and constructed he, THE COUNTY SANITARY          3,612        

ENGINEER shall make an appraisal of the present value of said      3,614        

sewers or parts thereof to the district as a means of providing    3,615        

sewerage for such territory outside the allotment, subdivision,    3,616        

development, or similar enterprise for which it was originally     3,617        

constructed and shall certify the same THAT FACT to the board.     3,618        

In such appraisal no allowance shall be made for the value of      3,620        

such sewers to the territory for the service of which it was       3,621        

originally constructed.  The board by resolution may determine to  3,622        

purchase said sewers THE FACILITIES OR ANY PART OF THEM at a cost  3,623        

not to exceed the present value of said sewers as certified by     3,625        

THAT, AFTER CONSULTATION WITH the COUNTY sanitary engineer, IT     3,626        

FINDS TO BE REASONABLE.  For                                       3,627        

      SUBJECT TO AND IN ACCORDANCE WITH THIS DIVISION AND          3,629        

DIVISION (B) OR DIVISIONS (C), (D), AND (E) OF SECTION 6117.06 OF  3,631        

THE REVISED CODE, THE BOARD MAY PURCHASE THE FACILITIES OR ANY     3,632        

PART OF THEM BY NEGOTIATION.  FOR the purpose of paying for said   3,634        

sewers and the maintenance thereof COST OF THEIR ACQUISITION, the  3,635        

board may issue bonds or certificates of indebtedness INCUR        3,636        

PUBLIC OBLIGATIONS and assess the ENTIRE COST, OR A LESSER         3,637        

DESIGNATED PART OF THE cost, OF THEIR ACQUISITION against the      3,639        

benefited property PROPERTIES in the same manner as provided by    3,641        

sections 6117.01 to 6117.40, inclusive, of the Revised Code, IN    3,642        

THIS CHAPTER for the construction of an original sewer OR          3,643        

COMPARABLE FACILITIES.                                                          

      Sec. 6117.39.  Whenever, in the opinion of the board of      3,652        

county commissioners, it is necessary to procure ACQUIRE real      3,653        

estate, a right of way, or an easement ANY INTEREST IN REAL        3,655        

ESTATE for the ACQUISITION, construction, maintenance, or          3,656        

operation of any sewer, DRAINAGE, or other improvement authorized  3,658        

by sections 6117.01 to 6117.45, inclusive, of the Revised Code     3,659        

THIS CHAPTER, or TO ACQUIRE the right to construct, maintain, and  3,661        

operate such THE sewer, DRAINAGE, or other improvement in and      3,663        

upon any property within or without OUTSIDE OF a COUNTY sewer      3,665        

                                                          77     


                                                                 
district, it may purchase the same, or if such REAL ESTATE,        3,666        

INTEREST IN REAL ESTATE, OR RIGHT BY NEGOTIATION.  IF THE board                 

and the owners thereof OWNER OF THE REAL ESTATE, INTEREST IN REAL  3,668        

ESTATE, OR RIGHT are unable to agree upon its purchase and sale,   3,670        

or the amount of damages to be awarded therefor FOR IT, the board  3,671        

may appropriate such THE real estate, right of way, easement       3,673        

INTEREST, or right.  Such proceedings shall be had as are          3,674        

provided for in ACCORDANCE WITH sections 163.01 to 163.22,         3,675        

inclusive, of the Revised Code.                                    3,676        

      Sec. 6117.41.  The AT ANY TIME AFTER THE FORMATION OF ANY    3,685        

COUNTY SEWER DISTRICT, THE board of county commissioners of any    3,686        

county or the legislative authority of any municipal corporation   3,687        

may enter into a contract, upon such THE terms and for such THE    3,689        

period of time as THAT are mutually agreed upon, with any other    3,690        

county or municipal corporation PUBLIC AGENCY to prepare all       3,692        

necessary plans and estimates of cost, AND to connect ACQUIRE OR   3,694        

CONSTRUCT any sewers of such county or municipal corporation with  3,696        

any sewers constructed, SANITARY or DRAINAGE FACILITIES THAT ARE   3,697        

to be constructed, USED JOINTLY by any other county or municipal   3,698        

corporation THE CONTRACTING PARTIES, and to provide for the        3,700        

MAINTENANCE, OPERATION, AND joint use by such THE contracting      3,701        

parties of such sewers and of any sewage treatment or disposal     3,702        

works of such county or municipal corporation THOSE FACILITIES OR  3,703        

THE MAINTENANCE, OPERATION, AND JOINT USE OF ANY SUITABLE          3,704        

EXISTING SANITARY OR DRAINAGE FACILITIES BELONGING TO EITHER OF    3,705        

THE CONTRACTING PARTIES.                                                        

      Sec. 6117.42.  All contracts under section 6117.41 of the    3,714        

Revised Code shall provide for THE payment OF COMPENSATION to the  3,716        

county or municipal corporation OTHER PUBLIC AGENCY owning,        3,717        

ACQUIRING, OR constructing, or about AGREEING to ACQUIRE OR        3,718        

construct a sewer or sewage treatment or disposal works, THE       3,720        

SANITARY OR DRAINAGE FACILITIES to be jointly used, of the IN AN   3,721        

amount agreed upon by the county or municipal corporation so       3,722        

contracting for the joint use thereof AS THE OTHER PARTY'S SHARE   3,723        

                                                          78     


                                                                 
OF THE COST OF ACQUIRING OR CONSTRUCTING THE FACILITIES.  THE      3,724        

CONTRACT ALSO SHALL PROVIDE FOR PAYMENT OF COMPENSATION TO THE     3,725        

COUNTY OR OTHER PUBLIC AGENCY OWNING, ACQUIRING, OR CONSTRUCTING   3,726        

THE FACILITIES AND OPERATING AND MAINTAINING THEM IN AN AMOUNT     3,727        

AGREED UPON AS THE OTHER PARTY'S SHARE OF THE COST OF OPERATING    3,728        

AND MAINTAINING THEM OR, IN LIEU OF ALL OTHER OR DIFFERING                      

PAYMENTS, AND AGREED PRICE PER UNIT OF FLOW.  Any such A county    3,730        

or municipal corporation OTHER PUBLIC AGENCY owning, ACQUIRING,    3,731        

OR constructing, or agreeing to ACQUIRE OR construct, any such     3,733        

sewer improvement or sewage treatment works, as provided in        3,735        

sections 6117.41 to 6117.44 of the Revised Code, OF THE                         

FACILITIES and permitting the AGREEING TO THEIR use thereof by     3,737        

such other county or municipal corporation, ANOTHER PUBLIC AGENCY  3,739        

shall retain full control and management of the ACQUISITION,       3,740        

construction, maintenance, repair, and operation of such sewer     3,741        

improvement and sewage treatment or disposal works, THE            3,742        

FACILITIES, UNLESS OTHERWISE PROVIDED IN THE CONTRACT AND except,  3,743        

IN THE CASE OF A COUNTY, when conveyed to a municipal corporation  3,745        

as provided in this DIVISION (B) OF section 6117.05 OF THE         3,746        

REVISED CODE.  Any such contract before going into effect shall    3,748        

be approved by RELATING TO FACILITIES UNDER THE JURISDICTION OF    3,749        

the director of environmental protection SHALL BE APPROVED BY THE  3,750        

DIRECTOR BEFORE GOING INTO EFFECT.  Any completed sewer            3,751        

improvement or sewage treatment works constructed under sections   3,752        

6117.01 to 6117.45 of the Revised Code, for the use of any sewer   3,753        

district and located within any municipal corporation or within    3,754        

any area which may be annexed to or incorporated as a municipal    3,755        

corporation, may by mutual agreement between the board of county   3,756        

commissioners and such municipal corporation be conveyed to such   3,757        

municipal corporation, which shall thereafter maintain and         3,758        

operate such sewer improvement or sewage treatment works.  The     3,759        

board may retain the right to joint use of such sewers or          3,760        

treatment works for the benefit of the district.  The validity of  3,761        

any assessments levied to provide means for the payment of the     3,762        

                                                          79     


                                                                 
cost of construction or maintenance of such sewer improvement or   3,763        

sewage treatment works or any part thereof shall not be affected   3,764        

by such conveyance.                                                3,765        

      Sec. 6117.43.  The A county or municipal corporation OTHER   3,775        

PUBLIC AGENCY contracting under section AS PROVIDED IN SECTIONS    3,777        

6117.41 AND 6117.42 of the Revised Code for the joint use of any   3,779        

sewer or sewage treatment or disposal works SANITARY OR DRAINAGE                

FACILITIES ACQUIRED OR constructed, or to be ACQUIRED OR           3,781        

constructed, by another county or municipal corporation PUBLIC     3,782        

AGENCY may provide for payment of the agreed compensation by the   3,783        

levy of taxes, OR special assessments, or FROM SANITARY sewer      3,785        

rentals OR DRAINAGE RATES AND CHARGES, as provided in IF AND TO    3,786        

THE EXTENT THAT THE PUBLIC AGENCY IS AUTHORIZED BY the laws        3,787        

governing such county or municipal corporation IT in the                        

ACQUISITION, construction, maintenance, repair, or operation of a  3,789        

sewer improvement or sewage treatment or disposal works THE        3,790        

FACILITIES TO PROVIDE FOR PAYMENT OF THE COSTS IN RESPECT OF       3,791        

WHICH THE COMPENSATION IS DUE FROM THOSE SOURCES, and may issue    3,792        

bonds OR INCUR PUBLIC OBLIGATIONS as provided by such THOSE laws   3,794        

in anticipation of such taxes or assessments AND PAY THE DEBT      3,795        

CHARGES ON THOSE OBLIGATIONS FROM THOSE SOURCES IF AND TO THE      3,796        

EXTENT SO AUTHORIZED.                                                           

      Sec. 6117.44.  The A county or municipal corporation OTHER   3,806        

PUBLIC AGENCY receiving the compensation provided for in section   3,808        

6117.42 of the Revised Code shall credit the amount so received    3,809        

to the proper fund to be applied towards USED FOR the              3,811        

ACQUISITION, construction, or OPERATION AND maintenance, as the    3,812        

case may be, of the sewer and other works to be so jointly used    3,813        

SANITARY OR DRAINAGE FACILITIES OR FOR OTHER AUTHORIZED PURPOSES.  3,814        

      Sec. 6117.45.  No person OR PUBLIC AGENCY shall tamper with  3,823        

or damage any sewer or sewage disposal plant SANITARY OR DRAINAGE  3,825        

FACILITY ACQUIRED OR constructed BY A COUNTY under sections        3,826        

6117.01 to 6117.45, inclusive, of the Revised Code, THIS CHAPTER   3,827        

or any apparatus or accessory connected therewith WITH IT or       3,829        

                                                          80     


                                                                 
pertaining thereto TO IT, or make any connection into any such     3,830        

sewer or sewage disposal plant OR WITH THE FACILITY, without THE   3,832        

permission of the board of county commissioners or in a manner or  3,834        

for a use other than as prescribed by such THE board.  No person   3,835        

OR PUBLIC AGENCY shall refuse to permit the inspection by the      3,837        

county sanitary engineer of any such connection.  No person OR     3,838        

PUBLIC AGENCY shall violate sections 6117.01 to 6117.45,           3,840        

inclusive, of the Revised Code ANY OTHER PROVISION OF THIS                      

CHAPTER.                                                           3,841        

      All fines collected under division (A) of section 6117.99    3,843        

of the Revised Code shall be paid into TO the county treasury      3,844        

TREASURER and credited to any county sewer improvement or          3,845        

maintenance THE fund as THAT the board directs DETERMINES TO BE    3,847        

MOST APPROPRIATE AFTER CONSIDERATION OF THE NATURE AND EXTENT OF   3,848        

THE PARTICULAR VIOLATIONS.                                         3,849        

      Sec. 6117.49.  (A)  IF THE BOARD OF COUNTY COMMISSIONERS     3,851        

DETERMINES BY RESOLUTION THAT THE BEST INTERESTS OF THE COUNTY     3,852        

AND THOSE SERVED BY THE SANITARY OR DRAINAGE FACILITIES OF A       3,853        

COUNTY SEWER DISTRICT SO REQUIRE, THE BOARD MAY SELL OR OTHERWISE  3,854        

DISPOSE OF THE FACILITIES TO ANOTHER PUBLIC AGENCY OR A PERSON.    3,855        

THE RESOLUTION DECLARING THE NECESSITY OF THAT DISPOSITION SHALL   3,856        

RECITE THE REASONS FOR THE SALE OR OTHER DISPOSITION AND SHALL     3,857        

ESTABLISH ANY CONDITIONS OR TERMS THAT THE BOARD MAY IMPOSE,                    

INCLUDING, BUT NOT LIMITED TO, A MINIMUM SALES PRICE IF A SALE IS  3,858        

PROPOSED, A REQUIREMENT FOR THE SUBMISSION BY BIDDERS OF THE       3,859        

SCHEDULE OF RATES AND CHARGES INITIALLY PROPOSED TO BE PAID FOR    3,860        

THE SERVICES OF THE FACILITIES, AND OTHER PERTINENT CONDITIONS OR  3,861        

TERMS RELATING TO THE SALE OR OTHER DISPOSITION.  THE RESOLUTION                

ALSO SHALL DESIGNATE A TIME AND PLACE FOR THE HEARING OF           3,862        

OBJECTIONS TO THE SALE OR OTHER DISPOSITION BY THE BOARD.  NOTICE  3,863        

OF THE ADOPTION OF THE RESOLUTION AND THE TIME AND PLACE OF THE    3,864        

HEARING SHALL BE PUBLISHED ONCE A WEEK FOR TWO CONSECUTIVE WEEKS   3,865        

IN A NEWSPAPER OF GENERAL CIRCULATION IN THE SEWER DISTRICT AND    3,866        

IN THE COUNTY.  THE PUBLIC HEARING ON THE SALE OR OTHER                         

                                                          81     


                                                                 
DISPOSITION SHALL BE HELD NOT LESS THAN TWENTY-FOUR DAYS           3,867        

FOLLOWING THE DATE OF FIRST PUBLICATION OF THE NOTICE.  A COPY OF  3,868        

THE NOTICE ALSO SHALL BE SENT BY FIRST CLASS OR CERTIFIED MAIL,    3,869        

ON OR BEFORE THE DATE OF THE SECOND PUBLICATION, TO ANY PUBLIC     3,870        

AGENCY WITHIN THE AREA SERVED BY THE FACILITIES.  AT THE PUBLIC    3,871        

HEARING, OR AT ANY ADJOURNMENT OF IT, OF WHICH NO FURTHER                       

PUBLISHED OR MAILED NOTICE NEED BE GIVEN, THE BOARD SHALL HEAR     3,872        

ALL INTERESTED PARTIES.  A PERIOD OF FIVE DAYS SHALL BE GIVEN      3,873        

FOLLOWING THE COMPLETION OF THE HEARING FOR THE FILING OF WRITTEN  3,874        

OBJECTIONS BY ANY INTERESTED PERSONS OR PUBLIC AGENCIES TO THE     3,875        

SALE OR OTHER DISPOSITION, AFTER WHICH THE BOARD SHALL CONSIDER    3,876        

ANY OBJECTIONS AND BY RESOLUTION DETERMINE WHETHER OR NOT TO       3,877        

PROCEED WITH THE SALE OR OTHER DISPOSITION.  IF THE BOARD          3,878        

DETERMINES TO PROCEED WITH THE SALE OR OTHER DISPOSITION, IT       3,879        

SHALL RECEIVE BIDS AFTER ADVERTISING ONCE A WEEK FOR FOUR                       

CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE     3,880        

COUNTY AND, SUBJECT TO THE RIGHT OF THE BOARD TO REJECT ANY OR     3,881        

ALL BIDS, MAY MAKE AN AWARD TO A RESPONSIBLE BIDDER WHOSE          3,882        

PROPOSAL IS DETERMINED BY THE BOARD TO BE IN THE BEST INTERESTS    3,883        

OF THE COUNTY AND THOSE SERVED BY THE FACILITIES.                               

      (B)  A CONVEYANCE OF SANITARY OR DRAINAGE FACILITIES BY A    3,885        

COUNTY TO A MUNICIPAL CORPORATION IN ACCORDANCE WITH DIVISION (B)  3,886        

OF SECTION 6117.05 OF THE REVISED CODE MAY BE MADE WITHOUT REGARD  3,887        

TO DIVISION (A) OF THIS SECTION.                                   3,888        

      Sec. 6119.36.  For IN LIEU OF SUBMITTING TO THE ELECTORS     3,897        

FOR APPROVAL THE QUESTION OF A TAX LEVY OUTSIDE THE TEN-MILL       3,898        

LIMITATION AND LEVYING THAT TAX FOLLOWING APPROVAL, AS PROVIDED    3,899        

FOR IN SECTIONS 6119.31 AND 6119.32 OF THE REVISED CODE, THE       3,900        

BOARD OF COUNTY COMMISSIONERS MAY ISSUE SECURITIES, AS DEFINED IN  3,901        

SECTION 133.01 OF THE REVISED CODE, INCLUDING ANTICIPATORY                      

SECURITIES, FOR the purposes PURPOSE of paying the cost of the     3,902        

preparation of the data, including plans, specifications,          3,903        

surveys, and maps needed or determined TO BE necessary OR          3,904        

APPROPRIATE in order to plan for the proper supply, purification,  3,907        

                                                          82     


                                                                 
filtration, and distribution of water or, THE proper collection    3,908        

and, treatment, AND DISPOSAL of sewage, OR THE PROPER COLLECTION,  3,910        

CONTROL, ABATEMENT, OR TREATMENT OF SURFACE AND SUBSURFACE                      

DRAINAGE, EACH AND ALL within the LIMITS OF THE county or a part   3,912        

thereof OF THE COUNTY or beyond the limits of the county but       3,913        

within the same drainage area as is in part within the county,     3,914        

and, if the board of county commissioners determines that the      3,915        

funds allocated for general operating expenses of the county are   3,916        

insufficient to pay the operating expenses for the current year    3,917        

and the cost of the preparation of such data, the board in lieu    3,918        

of the submission of the question of a levy to the voters and the  3,919        

levy of a tax outside the ten-mill limitation as provided for in   3,920        

sections 6119.31 and 6119.32 of the Revised Code may issue bonds   3,921        

of such subdivision IT TO BE NECESSARY OR APPROPRIATE, FOR THE     3,922        

PURPOSE OF PAYING THE COSTS OF ACQUIRING REAL ESTATE OR INTERESTS  3,923        

IN REAL ESTATE FOR IMPROVEMENTS FOR ONE OR MORE OF THOSE           3,924        

PURPOSES.  THE DATA MAY INCLUDE, BUT ARE NOT LIMITED TO, PLANS,    3,925        

SPECIFICATIONS, ESTIMATES OF COST, DRILLINGS, MAPS, SOUNDINGS,     3,926        

SURVEYS, AND TENTATIVE ASSESSMENTS AGAINST PROPERTIES THAT ARE                  

POTENTIALLY BENEFITED.  THE SECURITIES SHALL BE in an amount not   3,927        

exceeding the total estimated cost of the preparation of such      3,929        

data to defray the expense of such data AND OF MAKING ANY          3,930        

ACQUISITIONS OF REAL ESTATE OR INTERESTS IN REAL ESTATE, TOGETHER  3,931        

WITH ALL OTHER ITEMS OF COST THAT ARE INCIDENT TO THAT             3,933        

PREPARATION OR THOSE ACQUISITIONS AND THAT ARE DESCRIBED IN                     

DIVISION (B) OF SECTION 133.15 OF THE REVISED CODE.                3,935        

      PRIOR TO THE ISSUANCE OR THE FIRST ISSUANCE OF THE           3,937        

SECURITIES, THE BOARD SHALL DETERMINE THAT THE FUNDS ALLOCATED     3,938        

FOR GENERAL OPERATING EXPENSES OF THE COUNTY ARE INSUFFICIENT TO   3,939        

PAY BOTH THOSE OPERATING EXPENSES FOR THE CURRENT YEAR AND THE     3,940        

TOTAL ESTIMATED COST TO BE FINANCED UNDER AUTHORITY OF THIS                     

SECTION.                                                           3,941        

      The SECURITIES SHALL BE CHAPTER 133. SECURITIES, AND THEIR   3,944        

issuance of the bonds, or notes in anticipation thereof, shall be  3,945        

                                                          83     


                                                                 
subject to Chapter 133. of the Revised Code THAT CHAPTER, except   3,947        

that the MAXIMUM maturity of the bonds SECURITIES shall not        3,948        

extend beyond a period of EXCEED ten years.  The proceeds of       3,949        

bonds, or notes in anticipation thereof, SECURITIES issued for     3,950        

the purpose of paying costs of the improvements for which such     3,952        

THE data has been IS prepared, OR FOR WHICH ANY ACQUISITION OF     3,953        

REAL ESTATE OR INTEREST IN REAL ESTATE IS MADE may be issued       3,955        

APPLIED, WITHOUT REDUCTION OF THEIR MAXIMUM MATURITY, to retire    3,956        

notes ANTICIPATORY SECURITIES issued pursuant to this section.     3,957        

      All moneys raised by the issuance of bonds and notes         3,959        

SECURITIES pursuant to this section shall be appropriated for      3,960        

APPLIED TO the purpose of preparing such data as PURPOSES          3,962        

provided for in section 6119.31 of the Revised Code AND IN THIS    3,964        

SECTION.                                                                        

      Section 2.  That existing sections 133.15, 315.14, 5555.01,  3,966        

5555.43, 5555.46, 5555.51, 5571.15, 5573.07, 6103.01, 6103.02,     3,967        

6103.03, 6103.04, 6103.05, 6103.07, 6103.081, 6103.11, 6103.12,    3,969        

6103.13, 6103.15, 6103.17, 6103.20, 6103.21, 6103.22, 6103.23,     3,970        

6103.24, 6103.25, 6103.29, 6103.31, 6117.01, 6117.011, 6117.02,    3,971        

6117.04, 6117.05, 6117.06, 6117.08, 6117.23, 6117.251, 6117.28,    3,972        

6117.29, 6117.30, 6117.32, 6117.34, 6117.38, 6117.39, 6117.41,     3,973        

6117.42, 6117.43, 6117.44, 6117.45, and 6119.36 and sections       3,974        

6103.09 and 6117.26 of the Revised Code are hereby repealed.       3,975        

      Section 3.  The amendments and enactments made by Sections   3,977        

1 and 2 of this act shall apply, insofar as their provisions       3,978        

support them, to any proceedings, including proceedings defined    3,980        

in section 133.01 of the Revised Code, that on the effective date  3,981        

of this act are pending, in progress, or complete and that are     3,982        

supplemented to provide or confirm compliance with or support by   3,983        

the provisions of those amendments and enactments as if they had   3,984        

been in effect at the time of those proceedings, and also apply    3,985        

to the public obligations authorized, issued, or incurred                       

pursuant to those proceedings, notwithstanding the applicable law  3,986        

previously in effect or any provision to the contrary in a prior   3,987        

                                                          84     


                                                                 
resolution, ordinance, order, advertisement, notice, or other      3,988        

proceeding.  Any proceedings pending or in progress on the         3,989        

effective date of this act, and public obligations authorized,                  

sold, issued, incurred, delivered, and if applicable, validated    3,990        

pursuant to those proceedings, shall be deemed to have been        3,991        

taken, and authorized, sold, issued, incurred, delivered, and      3,992        

validated, in conformity with those amendments and enactments.     3,993        

      The authority provided by Sections 1 and 2 of this act       3,995        

provides additional and supplemental provisions for the subject    3,996        

matter that also may be the subject of other laws and is           3,997        

supplemental to and not in derogation of any similar authority     3,998        

provided by, derived from, or implied by the Ohio Constitution or               

any other law, including sections of the Revised Code amended by   3,999        

this act, or any charter, order, resolution, or ordinance, and no  4,000        

inference shall be drawn to negate the authority under them by     4,001        

reason of express provisions contained in Section 1 of this act.   4,003        

      The provisions of the Revised Code amended or repealed by    4,005        

this act shall be deemed to remain applicable to public            4,006        

obligations issued or incurred pursuant to or in reliance on them  4,007        

prior to the effective date of those amendments or repeals.        4,008