As Passed by the House 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- 10
EVANS-BENDER-A. CORE-AMSTUTZ-WIDENER-AUSTRIA-CATES-
LOGAN-STEVENS-HOOPS-VESPER-O'BRIEN-ROBERTS 11
_________________________________________________________________ 12
A B I L L
To amend sections 133.15, 315.14, 5555.01, 5555.43, 14
5555.46, 5555.51, 5571.15, 5573.07, 6103.01, 15
6103.02, 6103.03, 6103.04, 6103.05, 6103.07, 16
6103.081, 6103.11, 6103.12, 6103.13, 6103.15, 17
6103.17, 6103.20, 6103.21, 6103.22, 6103.23, 18
6103.24, 6103.25, 6103.29, 6103.31, 6117.01,
6117.011, 6117.02, 6117.04, 6117.05, 6117.06, 19
6117.08, 6117.23, 6117.251, 6117.28, 6117.29, 20
6117.30, 6117.32, 6117.34, 6117.38, 6117.39,
6117.41, 6117.42, 6117.43, 6117.44, 6117.45, and 21
6119.36, to enact sections 1.62, 5555.022, and 22
6117.49, and to repeal sections 6103.09 and 23
6117.26 of the Revised Code to modify certain 24
road improvement and water supply, sanitary, and
drainage facilities laws to permit permanent 26
improvements to be made more efficiently and
effectively by simplifying, clarifying, and 27
supplementing the procedures for constructing and 28
financing them.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 133.15, 315.14, 5555.01, 5555.43, 32
5555.46, 5555.51, 5571.15, 5573.07, 6103.01, 6103.02, 6103.03, 33
6103.04, 6103.05, 6103.07, 6103.081, 6103.11, 6103.12, 6103.13, 35
2
6103.15, 6103.17, 6103.20, 6103.21, 6103.22, 6103.23, 6103.24, 36
6103.25, 6103.29, 6103.31, 6117.01, 6117.011, 6117.02, 6117.04, 37
6117.05, 6117.06, 6117.08, 6117.23, 6117.251, 6117.28, 6117.29, 38
6117.30, 6117.32, 6117.34, 6117.38, 6117.39, 6117.41, 6117.42, 39
6117.43, 6117.44, 6117.45, and 6119.36 be amended and sections 40
1.62, 5555.022, and 6117.49 of the Revised Code be enacted to 41
read as follows:
Sec. 1.62. AS USED IN THE REVISED CODE, UNLESS THE CONTEXT 44
OF A SECTION DOES NOT PERMIT THE FOLLOWING OR UNLESS EXPRESSLY
PROVIDED OTHERWISE IN A SECTION: 46
(A) REFERENCES TO PARTICULAR COUNTY OFFICERS, BOARDS, 48
COMMISSIONS, AND AUTHORITIES MEAN, IN THE CASE OF A COUNTY THAT 50
HAS ADOPTED A CHARTER UNDER ARTICLE X, OHIO CONSTITUTION, THE 51
OFFICER, BOARD, COMMISSION, OR AUTHORITY OF THAT COUNTY 52
DESIGNATED BY OR PURSUANT TO THE CHARTER TO EXERCISE THE SAME 53
POWERS OR PERFORM THE SAME ACTS, DUTIES, OR FUNCTIONS THAT ARE TO 54
BE EXERCISED OR PERFORMED UNDER THE APPLICABLE SECTION OF THE 55
REVISED CODE BY OFFICERS, BOARDS, COMMISSIONS, OR AUTHORITIES OF
COUNTIES THAT HAVE NOT ADOPTED A CHARTER. 56
(B) REFERENCES TO RESOLUTIONS MEAN, IN THE CASE OF A 58
COUNTY THAT HAS ADOPTED A CHARTER UNDER ARTICLE X, OHIO 60
CONSTITUTION, THE APPROPRIATE FORM OF LEGISLATION PERMITTED BY OR
PURSUANT TO THE CHARTER. 61
Sec. 133.15. (A) The taxing authority of any subdivision 70
may issue securities of the subdivision for the purpose of paying 71
all or any portion of the costs of any permanent improvement that 72
the subdivision is authorized, alone or in cooperation with other 73
persons, to acquire, improve, or construct. 74
Securities may be issued prior to the completion of any 76
proceedings required to authorize the permanent improvement or 77
the expenditure of the proceeds of the securities. IN ADDITION, 78
PROCEEDINGS FOR THE ISSUANCE OF SECURITIES FOR ANY PERMANENT 79
IMPROVEMENT FOR WHICH SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED 80
AND COLLECTED MAY AUTHORIZE THE IMPROVEMENT AND THE EXPENDITURE 81
3
OF THE PROCEEDS OF THE SECURITIES AND ANY OTHER FUNDS AVAILABLE 82
AND APPROPRIATED FOR THE IMPROVEMENT, WITHOUT THE PRIOR OR 83
SUBSEQUENT NECESSITY OF INSTITUTING OR COMPLETING ANY OTHER
PROCEEDINGS THAT OTHER PROVISIONS OF THE REVISED CODE THAT 84
CONTEMPLATE THAT SPECIAL ASSESSMENTS MAY BE LEVIED AND COLLECTED 85
FOR THAT TYPE OF IMPROVEMENT OTHERWISE MIGHT REQUIRE BEFORE AN 86
AUTHORIZATION OF THAT TYPE.
(B) Costs of permanent improvements that may be financed 88
with, and paid from the proceeds of, securities include, without 89
limitation as to other costs properly allocable to the permanent 90
improvement, the costs of: acquiring, constructing, 91
reconstructing, rehabilitating, installing, remodeling, 92
renovating, enlarging, equipping, furnishing, or otherwise 93
improving permanent improvements; site clearance, improvement, 94
and preparation; acquisition of real or personal property; 95
indemnity and surety bonds and premiums on insurance; all related 96
direct administrative expenses and allocable portions of direct 97
costs of the subdivision; engineering, architectural, legal, and 98
other consulting and professional services; designs, plans, 99
specifications, feasibility or rate studies, appraisals, surveys, 100
and estimates of cost; interest or interest equivalent on the 101
securities, whether capitalized or not; financing costs; title 102
work and title commitment, insurance, and guaranties; amounts 103
necessary to establish any debt service reserve or other reserves 104
as required by the proceedings for the securities; audits; the 105
reimbursement of moneys advanced or applied by or borrowed from 106
any person, whether to or by the subdivision or others, from 107
whatever source provided, for the payment of any item or items of 108
cost of the permanent improvements; and all other expenses 109
necessary or incidental to planning or determining feasibility or 110
practicability with respect to permanent improvements or 111
necessary or incidental to the acquisition, construction, 112
reconstruction, rehabilitation, installation, remodeling, 113
renovating, enlargement, equipping, furnishing, or other 114
4
improvement of the permanent improvements, the financing of the 115
permanent improvements, and the placing of the permanent 116
improvements in condition for use and operation, and all like or 117
related costs, including any one, part, or combination of, or the 118
subdivision's share of, those costs and expenses. 119
Sec. 315.14. The county engineer shall be responsible for 128
the inspection of all public improvements made under authority of 129
the board of county commissioners. He THE ENGINEER shall keep in 131
suitable books a complete record of all estimates and summaries 132
of bids received and contracts for the various improvements, 133
together with the record of all estimates made for payments on 134
such THAT work. He THE ENGINEER shall make all surveys required 136
by law and, SHALL perform all necessary services to be performed 139
by a registered surveyor or registered professional engineer in 140
connection with the construction, repair, or opening of all 141
county roads or ditches constructed under the authority of the 142
board, and shall perform such other duties as the board requires, 143
provided that the duties described in Chapters 343., 6103., and 144
6117. of the Revised Code shall be performed only pursuant to an 145
agreement between the county engineer and the board; AN AGREEMENT 146
OF THAT TYPE MAY PROVIDE FOR THE COUNTY ENGINEER'S PERFORMANCE OF 147
DUTIES DESCRIBED IN ONE OR MORE OF THOSE CHAPTERS, AND MAY 148
PROVIDE FOR THE COUNTY ENGINEER'S PERFORMANCE OF ALL DUTIES 149
IMPOSED UPON A COUNTY SANITARY ENGINEER UNDER CHAPTERS 6103. AND 150
6117. OF THE REVISED CODE OR ONLY THE DUTIES IMPOSED UPON A 151
COUNTY SANITARY ENGINEER UNDER CHAPTER 6117. OF THE REVISED CODE 152
IN RELATION TO DRAINAGE. The board shall determine the 153
compensation for performance of the RELEVANT duties described in 154
Chapters 343., 6103., and 6117. of the Revised Code and shall pay 156
the county engineer from funds available under such THE 157
APPLICABLE CHAPTER OR chapters or from the general fund of the 159
county. The performance of the RELEVANT duties described in 160
Chapters 343., 6103., and 6117. of the Revised Code shall not 161
constitute engaging in the private practice of engineering or 162
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surveying.
Sec. 5555.01. As used in sections 5555.01 to 5555.72, 171
inclusive, of the Revised Code THIS CHAPTER: 172
(A) "COST" OR "COSTS" INCLUDES COMPENSATION, DAMAGES, AND 174
EXPENSES THAT ARE INCIDENT TO AN IMPROVEMENT COVERED BY THIS 175
CHAPTER AND ALL ITEMS OF COST DESCRIBED IN DIVISION (B) OF 176
SECTION 133.15 OF THE REVISED CODE THAT ARE INCIDENT TO AN 177
IMPROVEMENT COVERED BY THIS CHAPTER. 178
(B) "PUBLIC OBLIGATIONS" HAS THE SAME MEANING AS IN 180
SECTION 133.01 OF THE REVISED CODE. 181
(C) "road ROAD" includes any state or county road, or part 184
thereof OF ANY STATE OR COUNTY ROAD, or any state or county road 185
and any municipal corporation street, or part thereof OF A ROAD 186
OR STREET OF THOSE TYPES, which form a continuous road 187
improvement.
Sec. 5555.022. (A) A BOARD OF COUNTY COMMISSIONERS, BY 189
RESOLUTION ADOPTED BY A MAJORITY VOTE AND ACTING WITHOUT REGARD 190
TO OR THE NECESSITY FOR A PETITION, MAY FIND THAT THE PUBLIC 191
CONVENIENCE AND WELFARE REQUIRE THE IMPROVEMENT OF ANY PUBLIC 192
ROAD OR ROADS, OR PARTS OF ANY PUBLIC ROAD OR ROADS, IDENTIFIED 193
IN THAT RESOLUTION IN A MANNER PROVIDED IN SECTION 5555.06 OF THE 194
REVISED CODE AND MAY FIX THE ROUTE AND TERMINI OF THE 195
IMPROVEMENT. IF THE BOARD DETERMINES, IN THAT RESOLUTION OR IN A 196
SUBSEQUENT RESOLUTION, THAT SPECIAL ASSESSMENTS ARE NOT TO BE
LEVIED AND COLLECTED TO PAY ANY PART OF THE COUNTY'S COSTS OF THE 197
IMPROVEMENT, THE BOARD, IN THAT RESOLUTION OR IN A SUBSEQUENT 198
RESOLUTION, INCLUDING A RESOLUTION AUTHORIZING THE ISSUANCE OR 199
INCURRENCE OF PUBLIC OBLIGATIONS FOR THE IMPROVEMENT, MAY 200
AUTHORIZE THE IMPROVEMENT AND THE EXPENDITURE OF FUNDS REQUIRED 201
BY THE COUNTY FOR ITS CONSTRUCTION AND MAY PROCEED WITH THE
IMPROVEMENT WITHOUT REGARD TO ANY OTHER PROCEDURES REQUIRED BY 202
SECTIONS 5555.03 TO 5555.42, 5555.45 TO 5555.47, 5555.50, AND 203
5555.81 TO 5555.83 OF THE REVISED CODE EXCEPT AS OTHERWISE 204
PROVIDED IN THIS SECTION.
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(B) THIS SECTION APPLIES TO AND AUTHORIZES AN IMPROVEMENT 206
LOCATED WHOLLY WITHIN A SINGLE COUNTY, AN IMPROVEMENT LOCATED IN 207
A COUNTY AND ONE OR MORE OTHER COUNTIES IN THIS STATE, AN 208
IMPROVEMENT ALONG THE COUNTY LINE BETWEEN A COUNTY AND ONE OR 209
MORE OTHER COUNTIES IN THIS STATE, AN IMPROVEMENT EXTENDING FROM 210
A COUNTY INTO OR THROUGH ONE OR MORE ADJOINING COUNTIES IN THIS
STATE, AND AN IMPROVEMENT ON OR ALONG THE LINE BETWEEN THIS STATE 211
AND AN ADJOINING STATE. IF AN IMPROVEMENT INVOLVES MORE THAN ONE 212
COUNTY IN THIS STATE, THE PORTION OF THE COST OF THE IMPROVEMENT 213
TO BE BORNE BY EACH COUNTY, AFTER DEDUCTING ANY AMOUNT AGREED TO 214
BE PAID BY ANY TOWNSHIP IN THAT COUNTY IN WHICH THE IMPROVEMENT 215
IS LOCATED IN WHOLE OR IN PART, SHALL BE DETERMINED, WITHOUT 216
REGARD TO OR NECESSITY FOR A JOINT BOARD OF COUNTY COMMISSIONERS,
IN AN AGREEMENT AMONG THE COUNTIES. THOSE COUNTIES MAY PROCEED 217
IN ACCORDANCE WITH THIS SECTION IF SPECIAL ASSESSMENTS ARE NOT TO 218
BE LEVIED AND COLLECTED, OR MAY PROCEED IN ACCORDANCE WITH THE 219
PROVISIONS OF THIS CHAPTER APPLICABLE TO A SINGLE COUNTY 220
IMPROVEMENT IF SPECIAL ASSESSMENTS ARE TO BE LEVIED AND
COLLECTED. IF AN IMPROVEMENT IS ON OR ALONG THE LINE BETWEEN 221
THIS STATE AND AN ADJOINING STATE, THE PORTION OF ITS COST TO BE 222
BORNE BY A COUNTY IN THIS STATE SHALL BE DETERMINED IN AN 223
AGREEMENT BETWEEN THE COUNTY AND THE PROPER AUTHORITIES OF THE 224
ADJOINING STATE OR ITS PARTICIPATING OR COOPERATING SUBDIVISION 225
OR AGENCY.
(C) THE FOLLOWING PROVISIONS ALSO APPLY TO AN IMPROVEMENT 227
UNDERTAKEN PURSUANT TO THIS SECTION: 228
(1) THE IMPROVEMENT AND THE PROCEEDINGS FOR ITS 230
CONSTRUCTION AND FINANCING, INCLUDING A CONTRACT FOR THE 231
CONSTRUCTION, MAY INCLUDE, CONSISTENT WITH THE OTHER PROVISIONS 232
OF THIS SECTION AND NOTWITHSTANDING ANY PROVISIONS OF THIS 233
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 234
THE REVISED CODE RELATING TO CONTRACTS FOR THE CONSTRUCTION OF AN 236
IMPROVEMENT SHALL BE CONSTRUED ACCORDINGLY AND SHALL BE
7
CONTROLLING TO THE EXTENT APPLICABLE. 237
(2) ANY SURVEYS, PLANS, PROFILES, CROSS SECTIONS, 239
ESTIMATES OF COST, AND SPECIFICATIONS THAT MAY BE REQUIRED: 240
(a) IN THE CASE OF A SINGLE COUNTY IMPROVEMENT, SHALL BE 242
PREPARED BY THE COUNTY ENGINEER AT THE DIRECTION OF THE BOARD OF 243
COUNTY COMMISSIONERS AND SHALL REQUIRE THE BOARD'S APPROVAL; 244
(b) IN THE CASE OF AN IMPROVEMENT UNDERTAKEN COOPERATIVELY 246
BY TWO OR MORE COUNTIES IN THIS STATE, SHALL BE PREPARED BY A 247
COUNTY ENGINEER OF ONE OF THE COUNTIES AS AGREED TO BY THE 248
RELEVANT BOARDS OF COUNTY COMMISSIONERS OR, IF THE BOARDS ARE 249
UNABLE TO SO AGREE AND CERTIFY THAT FACT JOINTLY TO THE DIRECTOR 250
OF TRANSPORTATION, BY A COUNTY ENGINEER OF ONE OF THOSE COUNTIES
DESIGNATED BY THE DIRECTOR, AND THE SURVEYS, PLANS, PROFILES, 251
CROSS SECTIONS, ESTIMATES OF COST, AND SPECIFICATIONS SO PREPARED 252
SHALL REQUIRE THE APPROVAL OF EACH OF THE BOARDS; 253
(c) IN THE CASE OF AN IMPROVEMENT ON OR ALONG THE LINE 255
BETWEEN THIS STATE AND AN ADJOINING STATE, SHALL BE PREPARED BY 256
THE COUNTY ENGINEER OF THE COUNTY IN THIS STATE AND SHALL REQUIRE 257
THE APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS AND THE PROPER 258
AUTHORITIES OF THE ADJOINING STATE OR ITS PARTICIPATING OR 259
COOPERATING SUBDIVISION OR AGENCY.
(D) IN THE CASE OF AN IMPROVEMENT UNDERTAKEN PURSUANT TO 261
THIS SECTION ON OR ALONG THE LINE BETWEEN THIS STATE AND AN 262
ADJOINING STATE, A BOARD OF COUNTY COMMISSIONERS ALSO MAY JOIN IN 263
ITS CONSTRUCTION WITH THE DEPARTMENT OF TRANSPORTATION AND THE 264
EQUIVALENT DEPARTMENT OF THE OTHER STATE AS IF THE IMPROVEMENT 265
WERE WHOLLY WITHIN THIS STATE.
(E) IF, IN THE CASE OF AN IMPROVEMENT UNDERTAKEN PURSUANT 267
TO THIS SECTION INVOLVING TWO OR MORE COUNTIES IN THIS STATE, THE 268
BOARDS OF COUNTY COMMISSIONERS OF THE RELEVANT COUNTIES ARE 269
UNABLE TO AGREE UPON THE PORTION OF THE COSTS OF THE IMPROVEMENT 270
TO BE BORNE BY EACH COUNTY AND CERTIFY THAT FACT JOINTLY TO THE 271
DIRECTOR OF TRANSPORTATION, THE DIRECTOR SHALL MAKE THE 272
APPORTIONMENT AND CERTIFY IT TO EACH OF THE COUNTIES.
8
(F) A BOARD OF COUNTY COMMISSIONERS MAY ORDER THAT THE 274
COUNTY'S COST OF AN IMPROVEMENT UNDERTAKEN PURSUANT TO THIS 275
SECTION BE PAID FROM TAX LEVIES OR A ROAD IMPROVEMENT FUND 276
REFERRED TO IN SECTION 5555.43 OF THE REVISED CODE. A COUNTY MAY 277
ENTER INTO AN AGREEMENT WITH ANY TOWNSHIP IN WHICH THE 278
IMPROVEMENT IS LOCATED IN WHOLE OR IN PART FOR THE ALLOCATION OF 279
THE COST BETWEEN THE COUNTY AND THE TOWNSHIP.
(G) PROCEEDINGS FOR THE APPROPRIATION OF REAL PROPERTY OR 281
INTERESTS IN REAL PROPERTY NEEDED BY A COUNTY FOR AN IMPROVEMENT 282
UNDERTAKEN PURSUANT TO THIS SECTION SHALL TAKE PLACE IN 283
ACCORDANCE WITH SECTIONS 163.01 TO 163.22 OF THE REVISED CODE. 285
(H) IF, IN THE CASE OF AN IMPROVEMENT UNDERTAKEN PURSUANT 287
TO THIS SECTION INVOLVING TWO OR MORE COUNTIES IN THIS STATE, 288
PUBLIC OBLIGATIONS ARE ISSUED OR INCURRED TO PAY THE COSTS OF THE 289
IMPROVEMENT, THE OBLIGATIONS SHALL BE ISSUED SEPARATELY BY EACH 291
COUNTY FOR ITS PORTION OF THOSE COSTS, AND THE BOARDS OF COUNTY 292
COMMISSIONERS MAY PROVIDE FOR THE CONSTRUCTION OF A PORTION OF 293
THE IMPROVEMENT WHOLLY WITHIN ONE COUNTY AS AND TO THE EXTENT
AUTHORIZED FOR A JOINT BOARD OF COUNTY COMMISSIONERS BY SECTION 294
5555.32 OF THE REVISED CODE. 295
(I) ACTIONS REQUIRED OR AUTHORIZED TO BE TAKEN BY A BOARD 297
OF COUNTY COMMISSIONERS PURSUANT TO THIS SECTION MAY BE TAKEN, 298
CONSISTENT WITH THE OTHER PROVISIONS OF THIS SECTION, BY A 299
MAJORITY VOTE OF THE MEMBERS OF THE BOARD. 300
Sec. 5555.43. The board of county commissioners, UNLESS 309
ACTING PURSUANT TO SECTION 5555.022 OF THE REVISED CODE, or THE 311
joint board of county commissioners, upon a unanimous vote, may 312
ORDER, without a petition therefor, order that all the 314
compensation, damages, and expenses of A COUNTY'S COSTS FOR 315
constructing any improvement be paid out of the proceeds of any 316
tax levies for road purposes on the grand duplicate of the 317
county, or out of any road improvement fund available therefor; 318
FOR THE PAYMENT OF THOSE COSTS, or the board of county 319
commissioners or joint board thereof may enter, BY A SIMILAR VOTE 322
9
AND WITHOUT A PETITION, into an agreement with the boards of 323
township trustees of the townships in which said THE improvement 324
is situated in whole or in part, whereby THE ENTIRE COST OF THE 326
IMPROVEMENT IS PAID BY the county and townships, or one or more 327
of them, may pay such IN THE AGREED UPON proportion or amount of 329
the damages and expenses as is agreed upon between them COST. 331
Sec. 5555.46. All assessments, with interest accrued 340
thereon ON THE ASSESSMENTS, made under sections 5555.01 to 341
5555.72, inclusive, of the Revised Code, shall be placed by the 343
county auditor upon a special duplicate to be collected as other 344
taxes, and the principal OF THE ASSESSMENTS shall be payable in 345
not more than twenty FORTY semiannual installments extending over 347
a period of not more than ten TWENTY years, as determined by the 349
board of county commissioners. If any assessment is twenty-five 350
dollars or less, or if the unpaid balance of any such assessment 351
is twenty-five dollars or less, it shall be paid in full, and not 352
in installments, at the time the first or next installment would 353
otherwise become due and payable. In the event that bonds IF 354
PUBLIC OBLIGATIONS are issued OR INCURRED to pay the 355
compensation, damages, and expenses incident to COSTS OF the 356
improvement, the principal sum of such THE assessments shall be 358
payable in such A number of equal semiannual installments as will 361
provide a fund for the redemption of the bonds PUBLIC OBLIGATIONS 362
so issued OR INCURRED. Such THE assessments shall bear interest 363
from the date of and at the same rate OR RATES as the bonds 364
PUBLIC OBLIGATIONS, and the interest shall be collected in like 366
manner as the principal of such THE assessments. 367
Sec. 5555.51. The board of county commissioners, in 376
anticipation of the collection of taxes, OR TAXES and 377
assessments, for a road improvement, or any part thereof, OF A 379
ROAD IMPROVEMENT may issue and sell bonds, OR INCUR, PUBLIC 380
OBLIGATIONS of the county under Chapter 133. of the Revised Code 382
in any amount not greater than the aggregate sum necessary to pay 383
the estimated compensation, damages, and expenses of such COSTS 384
10
OF THE improvement. The making of the ANY special assessments 386
referred to in sections 5555.41 to 5555.50 of the Revised Code 389
shall not be a condition precedent to the issuance OR INCURRENCE 390
of bonds PUBLIC OBLIGATIONS under this section, and such THE 391
special assessments may be made either before or after the 393
issuance OR INCURRENCE of such bonds THE PUBLIC OBLIGATIONS. 394
Sec. 5571.15. The (A) EXCEPT AS PROVIDED IN DIVISION (B) 404
OF THIS SECTION, THE board of township trustees may, without the 405
presentation of a petition, MAY take the necessary steps to 406
construct, reconstruct, resurface, or improve a public road or 408
part thereof, upon the passage of a resolution, by unanimous 410
vote, declaring the necessity therefor FOR THE CONSTRUCTION, 411
RECONSTRUCTION, RESURFACING, OR IMPROVEMENT. The cost thereof 412
may be paid by any of the methods provided in section 5573.07 of 414
the Revised Code, as determined by the board in such THE 415
resolution.
(B) IF THE PRIMARY REASON FOR THE RECONSTRUCTION, 417
RESURFACING, OR IMPROVEMENT OF A PUBLIC ROAD OR PART THEREOF IS 418
TO IMPROVE THE DRAINAGE OF WATER FROM THE SURFACE OF THE ROAD, AS 419
DECLARED BY THE RESOLUTION, AND THERE IS NO PRESENTATION OF A 420
PETITION, THE BOARD MAY PROCEED UPON THE PASSAGE OF THE 421
RESOLUTION BY MAJORITY VOTE. THE COST IN SUCH CASE MAY BE PAID
BY EITHER OF THE METHODS PROVIDED IN DIVISION (B) OF SECTION 422
5573.07 OF THE REVISED CODE.
Sec. 5573.07. The compensation, damages, and costs of 431
township road improvements shall be apportioned and paid in any 432
of the following methods, as set forth in the petition: 433
(A) Any part thereof shall be assessed against: 435
(1) The real estate abutting upon said improvement; 437
(2) The real estate situated within one-half mile of 439
either side thereof;
(3) The real estate situated within one mile of either 441
side thereof, according to the benefits accruing to such real 442
estate;
11
(B) Any balance shall be paid: 444
(1) From the proceeds of any levy for road purposes upon 446
the grand duplicate of all the taxable property in the township; 447
(2) From any funds in the township treasury available 449
therefor.
When the board of township trustees acts by unanimous vote, 451
without the filing of a petition, AS PERMITTED BY DIVISION (A) OF 453
SECTION 5571.15 OF THE REVISED CODE, the board shall set forth in 454
its resolution, declaring THAT DECLARES the necessity for the 456
improvement, the method of apportioning and paying the 457
compensation, damages, and costs of the improvement, which may be 458
any one of the methods provided in this section. 459
WHEN THE BOARD ACTS BY MAJORITY VOTE AS PERMITTED BY 461
DIVISION (B) OF SECTION 5571.15 OF THE REVISED CODE, THE BOARD 462
SHALL SET FORTH IN ITS RESOLUTION THE METHOD OF PAYING THE 463
COMPENSATION, DAMAGES, AND COSTS OF THE IMPROVEMENT, WHICH MAY BE 465
BY EITHER OF THE METHODS PROVIDED IN DIVISION (B) OF THIS
SECTION. 466
Sec. 6103.01. As used in sections 6103.02 to 6103.30, 475
inclusive, of the Revised Code, "public THIS CHAPTER: 476
(A) "PUBLIC water supply FACILITIES," "WATER SUPPLY 479
FACILITIES," "WATER SUPPLY IMPROVEMENT," OR "IMPROVEMENT" means, 480
WITHOUT LIMITING THE GENERALITY OF THOSE TERMS, WATER wells AND 481
WELL FIELDS, springs, LAKES, RIVERS, streams, or other sources of 483
water supply, INTAKES, pumping STATIONS AND equipment, treatment, 484
FILTRATION, or purification plants, distributing FORCE AND 485
DISTRIBUTION LINES OR mains, cisterns, reservoirs, STORAGE 486
FACILITIES, necessary equipment for fire protection, other 487
RELATED STRUCTURES, equipment, AND FURNISHINGS, and lands, rights 488
of way, and easements REAL ESTATE AND INTERESTS IN REAL ESTATE, 489
necessary for OR USEFUL IN the proper development OF A WATER 491
SUPPLY FOR DOMESTIC OR OTHER PURPOSES and ITS PROPER distribution 492
of the supply. 493
(B) "CURRENT OPERATING EXPENSES," "DEBT CHARGES," 495
12
"PERMANENT IMPROVEMENT," "PUBLIC OBLIGATIONS," AND "SUBDIVISION" 496
HAVE THE SAME MEANINGS AS IN SECTION 133.01 OF THE REVISED CODE. 497
(C) "CONSTRUCT," "CONSTRUCTION," OR "CONSTRUCTING" MEANS 499
CONSTRUCTION, RECONSTRUCTION, ENLARGEMENT, EXTENSION, 500
IMPROVEMENT, RENOVATION, REPAIR, AND REPLACEMENT OF WATER SUPPLY 501
FACILITIES BUT DOES NOT INCLUDE REPAIRS, REPLACEMENTS, OR SIMILAR 502
ACTIONS THAT DO NOT CONSTITUTE AND QUALIFY AS PERMANENT 503
IMPROVEMENTS.
(D) "MAINTAIN," "MAINTAINING," OR "MAINTENANCE" MEANS 505
REPAIRS, REPLACEMENTS, AND SIMILAR ACTIONS THAT CONSTITUTE AND 506
ARE PAYABLE AS CURRENT OPERATING EXPENSES AND THAT ARE REQUIRED 507
TO RESTORE WATER SUPPLY FACILITIES TO, OR TO CONTINUE WATER 508
SUPPLY FACILITIES IN, GOOD ORDER AND WORKING CONDITION BUT DOES 509
NOT INCLUDE CONSTRUCTION OF PERMANENT IMPROVEMENTS.
(E) "PUBLIC AGENCY" MEANS A STATE AND ANY AGENCY OR 511
SUBDIVISION OF A STATE, INCLUDING A COUNTY, A MUNICIPAL 512
CORPORATION, OR OTHER SUBDIVISION.
(F) "COUNTY SANITARY ENGINEER" MEANS EITHER OF THE 514
FOLLOWING:
(1) THE REGISTERED PROFESSIONAL ENGINEER EMPLOYED OR 517
APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS TO BE THE COUNTY 518
SANITARY ENGINEER AS PROVIDED IN SECTION 6117.01 OF THE REVISED 519
CODE;
(2) THE COUNTY ENGINEER, IF, FOR AS LONG AS AND TO THE 521
EXTENT THAT ENGINEER BY AGREEMENT ENTERED INTO UNDER SECTION 523
315.14 OF THE REVISED CODE IS RETAINED TO DISCHARGE THE DUTIES OF 524
A COUNTY SANITARY ENGINEER UNDER THIS CHAPTER. 525
Sec. 6103.02. (A) For the purpose of preserving and 534
promoting the public health and welfare, and providing fire 535
protection, any A board of county commissioners may by resolution 537
acquire, construct, maintain, and operate any public water supply 538
or water-works system FACILITIES within its county for any ONE OR 540
MORE sewer district, DISTRICTS and may provide for the THEIR 541
protection thereof and prevent the THEIR pollution and 543
13
unnecessary waste thereof. THE BOARD MAY NEGOTIATE AND ENTER 544
INTO A CONTRACT WITH ANY PUBLIC AGENCY OR ANY PERSON FOR THE 545
MANAGEMENT, MAINTENANCE, OPERATION, AND REPAIR OF THE FACILITIES
ON BEHALF OF THE COUNTY, UPON THE TERMS AND CONDITIONS AS MAY BE 546
AGREED UPON WITH THE AGENCY OR PERSON AND AS MAY BE DETERMINED BY 547
THE BOARD TO BE IN THE INTERESTS OF THE COUNTY. By contract with 548
any municipal corporation, PUBLIC AGENCY or any person, firm, or 549
private corporation furnishing a OPERATING public water supply 551
FACILITIES within or without its county, the board ALSO may 553
provide such A supply of water to such A SEWER district from the 555
waterworks FACILITIES of such municipal corporation, THE PUBLIC 556
AGENCY OR person, firm, or private corporation. The 557
(B) THE COUNTY sanitary engineer, or sanitary engineering 560
department, of such county, in addition to other ASSIGNED duties 561
assigned to such sanitary engineer or department, shall assist 563
the board in the performance of its duties under sections 6103.02 564
to 6103.30 of the Revised Code, THIS CHAPTER and shall be charged 566
with such other duties and services in relation thereto TO THE 567
BOARD'S DUTIES as the board prescribes. The 568
(C) THE board may adopt, publish, administer, and enforce 571
rules for the construction, maintenance, protection, and use of 572
COUNTY-OWNED OR COUNTY-OPERATED public water supplies in the 573
county SUPPLY FACILITIES outside of municipal corporations, and 574
of public water supplies SUPPLY FACILITIES within municipal 576
corporations in its county wherever such water supplies THAT are 577
constructed OWNED or operated by such board THE COUNTY or THAT 578
are supplied with water from water supplies constructed SUPPLY 579
FACILITIES OWNED or operated by such board THE COUNTY, including, 581
BUT NOT LIMITED TO, RULES FOR the establishment AND USE of ANY 582
connections, THE TERMINATION IN ACCORDANCE WITH REASONABLE 583
PROCEDURES OF WATER SERVICE FOR NONPAYMENT OF COUNTY WATER RATES 584
AND CHARGES, AND THE ESTABLISHMENT AND USE OF SECURITY DEPOSITS 585
TO THE EXTENT CONSIDERED NECESSARY TO ENSURE THE PAYMENT OF 586
COUNTY WATER RATES AND CHARGES. Such THE rules shall not be 588
14
inconsistent with the laws of the state or the ANY APPLICABLE 589
rules of the DIRECTOR OF environmental protection agency. No 591
(D) NO public water supplies or water pipes or mains 594
SUPPLY FACILITIES shall be constructed in any county outside of 596
municipal corporations by any person, firm, or corporation, 597
except for the purpose of supplying water to such THOSE municipal 599
corporations, until the plans and specifications for the same 600
FACILITIES have been approved by the board. Any such 601
construction CONSTRUCTION shall be done under the supervision of 603
the COUNTY sanitary engineer. Any person, firm, or corporation 604
proposing or constructing such improvements PUBLIC WATER SUPPLY 605
FACILITIES shall pay to the county all expense EXPENSES incurred 607
by the board in connection therewith WITH THE CONSTRUCTION. The 608
(E) THE COUNTY sanitary engineer OR THE COUNTY SANITARY 610
ENGINEER'S AUTHORIZED ASSISTANTS OR AGENTS, WHEN PROPERLY 611
IDENTIFIED IN WRITING OR OTHERWISE AND AFTER WRITTEN NOTICE IS 612
DELIVERED TO THE OWNER AT LEAST FIVE DAYS IN ADVANCE OR MAILED AT 613
LEAST FIVE DAYS IN ADVANCE BY FIRST CLASS OR CERTIFIED MAIL TO 614
THE OWNER'S TAX MAILING ADDRESS, may enter upon any public or 616
private property for the purpose of making, AND MAY MAKE, surveys 618
and examinations OR INSPECTIONS necessary for the design or 619
examination EVALUATION of COUNTY public water supplies, and may 620
make such surveys and examinations SUPPLY FACILITIES. THIS ENTRY 621
IS NOT A TRESPASS AND IS NOT TO BE CONSIDERED AN ENTRY IN 622
CONNECTION WITH ANY APPROPRIATION OF PROPERTY PROCEEDINGS UNDER 623
SECTIONS 163.01 TO 163.22 OF THE REVISED CODE THAT MAY BE 624
PENDING. No person, firm, or corporation PUBLIC AGENCY shall 625
forbid or interfere with the COUNTY sanitary engineer or his THE 626
COUNTY SANITARY ENGINEER'S authorized assistants entering OR 629
AGENTS TO ENTER, OR INTERFERE WITH THEIR ENTRY, upon such THE 630
property for such THE purpose, or OF making such THE surveys or 632
examinations INSPECTIONS. If actual damage is done to property 633
by the making of such THE surveys and examinations OR 635
INSPECTIONS, the board shall pay the reasonable value of such THE 637
15
damage to the PROPERTY owner of the property damaged, and such 639
THE cost shall be included in the assessment upon the property 641
benefited by the improvement for which such surveys and 642
examinations are made THE COST OF THE FACILITIES AND MAY BE
INCLUDED IN ANY SPECIAL ASSESSMENTS LEVIED AND COLLECTED TO PAY 643
THAT COST.
(F) The board shall fix reasonable rates to be charged, 646
INCLUDING PENALTIES FOR LATE PAYMENTS, for water supplied TO 647
PUBLIC AGENCIES AND PERSONS when the source of supply or 648
distributing pipes THE FACILITIES FOR ITS DISTRIBUTION are owned 649
or operated by the county, which rates shall be at least 650
sufficient to pay for all of the cost of operation and
maintenance of improvements for which the resolution declaring 651
the necessity thereof shall be passed after July 1, 1958 AND MAY 652
CHANGE THE RATES FROM TIME TO TIME AS IT CONSIDERS ADVISABLE. 653
When the source of THE WATER supply TO BE USED BY THE COUNTY is 654
owned by a municipal corporation ANOTHER PUBLIC AGENCY or any 655
person, firm, or private corporation, the schedule of rates to be 656
charged by such municipal corporation, THE PUBLIC AGENCY OR 657
person, firm, or private corporation shall be ratified APPROVED 659
by the board at the time any IT ENTERS INTO A contract is entered 661
into for the use of water from such municipal corporation, THE 662
PUBLIC AGENCY OR person, firm, or private corporation. When the 663
distributing pipes DISTRIBUTION FACILITIES are owned by the 664
county, the board shall ALSO MAY fix a reasonable tap-in charge 666
and no CHARGES TO BE COLLECTED FOR THE PRIVILEGE OF CONNECTING TO 667
THE DISTRIBUTION FACILITIES AND MAY REQUIRE THAT, PRIOR TO THE 668
CONNECTION, THE CHARGES BE PAID IN FULL OR, IF DETERMINED BY THE 669
BOARD TO BE EQUITABLE IN A RESOLUTION RELATING TO THE PAYMENT OF
THE CHARGES, MAY REQUIRE THEIR PAYMENT IN INSTALLMENTS, AS 670
CONSIDERED ADEQUATE BY THE BOARD, AT THE TIMES, IN THE AMOUNTS, 671
AND WITH THE SECURITY, CARRYING CHARGES, AND PENALTIES AS MAY BE 672
DETERMINED BY THE BOARD IN THAT RESOLUTION TO BE FAIR AND 673
APPROPRIATE. NO PUBLIC AGENCY OR person shall be permitted to 674
16
tap into such distributing pipes CONNECT TO THOSE FACILITIES 675
until such charge has THE CHARGES HAVE been paid in full OR 678
PROVISION FOR THEIR PAYMENT IN INSTALLMENTS HAS BEEN MADE. When 679
IF THE CONNECTION CHARGES ARE TO BE PAID IN INSTALLMENTS, THE
BOARD SHALL CERTIFY, TO THE COUNTY AUDITOR, INFORMATION 680
SUFFICIENT TO IDENTIFY EACH PARCEL OF PROPERTY SERVED BY A 681
CONNECTION AND, WITH RESPECT TO EACH PARCEL, THE TOTAL OF THE 682
CHARGES TO BE PAID IN INSTALLMENTS, THE AMOUNT OF EACH 683
INSTALLMENT, AND THE TOTAL NUMBER OF INSTALLMENTS TO BE PAID.
THE COUNTY AUDITOR SHALL RECORD AND MAINTAIN THE INFORMATION SO 684
SUPPLIED IN THE WATERWORKS RECORD PROVIDED FOR IN SECTION 6103.16 685
OF THE REVISED CODE UNTIL THE CONNECTION CHARGES ARE PAID IN 686
FULL. THE BOARD MAY INCLUDE AMOUNTS ATTRIBUTABLE TO CONNECTION 687
CHARGES BEING PAID IN INSTALLMENTS IN ITS BILLINGS OF RATES AND 688
OTHER CHARGES FOR WATER SUPPLIED.
(G) WHEN any rents RATES or charges are not paid when due, 691
the board may do either ANY or both ALL of the following: 692
(1) Certify them THE UNPAID RATES OR CHARGES, together 694
with any penalties, to the county auditor. The county auditor 696
shall place the certified amount upon the real property tax list 697
and duplicate against the property served by the connection if he 698
also receives from the board additional certification that the 700
unpaid rents or charges have arisen pursuant to a service 701
contract made directly with an owner who occupies the property 702
served. THE CERTIFIED
The amount placed on the tax list and duplicate shall be a 704
lien on the property from the date placed on the REAL PROPERTY 705
TAX list and duplicate and shall be collected in the same manner 707
as other taxes, except that, notwithstanding section 323.15 of 708
the Revised Code, a county treasurer shall accept a payment in 709
such THAT amount when separately tendered as payment for the full 711
amount of such THE unpaid water rents RATES or charges and 713
associated penalties. The lien shall be released immediately 715
upon payment in full of the certified amount. All money 716
17
collected as rents or tap-in charges or for water-works purposes 717
in any district shall be paid to the county treasurer and kept in 718
a separate and distinct fund to the credit of such district. 719
(2) Collect them THE UNPAID RATES OR CHARGES, TOGETHER 721
WITH ANY PENALTIES, by actions at law in the name of the county 723
from an owner, tenant, or other person who OR PUBLIC AGENCY THAT 724
is liable to pay FOR the rents PAYMENT OF THE RATES or charges; 726
(3) TERMINATE, IN ACCORDANCE WITH ESTABLISHED RULES, THE 728
WATER SERVICE TO THE PARTICULAR PROPERTY UNLESS AND UNTIL THE 729
UNPAID RATES OR CHARGES, TOGETHER WITH ANY PENALTIES, ARE PAID IN 730
FULL;
(4) APPLY, TO THE EXTENT REQUIRED, ANY SECURITY DEPOSIT 732
MADE IN ACCORDANCE WITH ESTABLISHED RULES TO THE PAYMENT OF THE 733
UNPAID RATES AND CHARGES, TOGETHER WITH ANY PENALTIES, FOR WATER 734
SERVICE TO THE PARTICULAR PROPERTY. 735
ALL MONEYS COLLECTED AS RATES, CHARGES, OR PENALTIES FIXED 737
OR ESTABLISHED IN ACCORDANCE WITH DIVISION (F) OF THIS SECTION 738
FOR WATER SUPPLY PURPOSES IN OR FOR ANY SEWER DISTRICT SHALL BE 739
PAID TO THE COUNTY TREASURER AND KEPT IN A SEPARATE AND DISTINCT 740
WATER FUND ESTABLISHED BY THE BOARD TO THE CREDIT OF THE 741
DISTRICT.
Each board that assesses FIXES water rents RATES or charges 744
MAY RENDER ESTIMATED BILLS PERIODICALLY, PROVIDED THAT AT LEAST 745
QUARTERLY IT shall determine the actual amount of rents due based 747
upon SCHEDULE an actual reading of each customer's meter at least 749
once in each three-month period, and at least quarterly the board 750
shall SO AS TO render a bill for the actual amount shown by the 752
meter reading to be due, WITH CREDIT FOR PRIOR PAYMENTS OF ANY 753
ESTIMATED BILLS SUBMITTED FOR ANY PART OF THE BILLING PERIOD, 754
except THAT estimated bills may be rendered if access to a 755
customer's meter was unobtainable IS NOT ACCESSIBLE for a timely 756
reading OR IF THE CIRCUMSTANCES PRECLUDE A SCHEDULED READING. 757
Each board that assesses water rents or charges ALSO shall 758
establish procedures providing A fair and reasonable opportunity 759
18
for THE resolution of billing disputes. 760
When property to which water service is provided is about 762
to be sold, any party to the sale or his AN agent OF A PARTY may 764
request the board to read HAVE the meter at that property READ 766
and to render, within ten days following the date on which the 768
request is made, a final bill for all outstanding rents RATES and 769
charges for water service. Such a THE request shall be made at 771
least fourteen days prior to the transfer of the title of such 773
THE property.
At any time prior to a certification under division 775
(A)(G)(1) of this section, the board shall accept any partial 776
payment of unpaid water rents RATES or charges, in the amount of 777
ten dollars or more. 779
Except as otherwise provided in any resolution PROCEEDINGS 781
authorizing or providing for the security FOR and payment of any 783
bonds outstanding on July 1, 1958 or thereafter issued PUBLIC 784
OBLIGATIONS, or in any indenture or trust OR OTHER agreement 786
securing such bonds PUBLIC OBLIGATIONS, such MONEYS IN THE WATER 787
fund shall be applied first to the conduct, PAYMENT OF THE COST 788
OF THE management, MAINTENANCE, and operation of such THE water 790
supply or water-works system FACILITIES OF, OR USED OR OPERATED 791
FOR, THE SEWER DISTRICT, which COST may include THE COUNTY'S 792
SHARE OF MANAGEMENT, MAINTENANCE, AND OPERATION COSTS UNDER 793
COOPERATIVE CONTRACTS FOR THE ACQUISITION, CONSTRUCTION, OR USE
OF WATER SUPPLY FACILITIES AND, in accordance with a cost 795
allocation plan adopted under division (B)(H) of this section, 797
payment of all allowable direct and indirect costs of the water 798
supply or water-works system DISTRICT, the COUNTY sanitary 799
engineer or sanitary engineering department, or a federal or 800
state grant program, incurred for the purposes of this chapter;, 801
and shall be applied second to the payment of interest or 802
principal of any loan, indebtedness or liability DEBT CHARGES 803
PAYABLE ON ANY OUTSTANDING PUBLIC OBLIGATIONS ISSUED OR incurred 804
in connection therewith, or for the creation ACQUISITION OR 805
19
CONSTRUCTION OF WATER SUPPLY FACILITIES FOR OR SERVING THE 806
DISTRICT, OR FOR THE FUNDING of a sinking BOND RETIREMENT OR 807
OTHER fund ESTABLISHED for the liquidation of any debt created in 809
connection therewith PAYMENT OF OR SECURITY FOR THE OBLIGATIONS. 810
Any surplus thereafter remaining may be applied to the 811
enlargement, replacement, or extension ACQUISITION OR 812
CONSTRUCTION of such water supply or water-works system, but in 815
no case shall money so collected THOSE FACILITIES OR FOR THE 816
PAYMENT OF CONTRIBUTIONS TO BE MADE, OR COSTS INCURRED, FOR THE
ACQUISITION OR CONSTRUCTION OF THOSE FACILITIES UNDER COOPERATIVE 817
CONTRACTS. MONEYS IN THE WATER FUND SHALL NOT be expended 818
otherwise OTHER than for the use and benefit of such THE 820
district. No provision of this section shall limit or restrict 821
the power and discretion of the board to determine how much of 822
the cost of such improvements shall be borne by the county at 823
large and how much shall be specially assessed upon benefited 824
properties, nor the power to issue notes and bonds for the share 825
to be borne by the county and in anticipation of the levy or 826
collection of special assessments for the share to be specially 827
assessed, nor the power of the board to levy special assessments 828
upon benefited properties for operation and maintenance whenever 829
the rents and other funds available are not sufficient to pay all 830
the cost thereof. 831
(B)(H) A board of county commissioners may adopt a cost 833
allocation plan that identifies, accumulates, and distributes 834
allowable direct and indirect costs that may be paid from the 835
WATER fund of the water supply or water-works system SEWER 836
DISTRICT created in PURSUANT TO division (A)(G) of this section, 838
and THAT prescribes methods for allocating those costs. The plan 840
shall authorize payment from the fund for OF only those costs 841
incurred by the district, the COUNTY sanitary engineer or 843
sanitary engineering department, or a federal or state grant 844
program, and those costs incurred by the general and other funds 845
of the county for a common or joint purpose, that are necessary 846
20
and reasonable for the proper and efficient administration of the 847
water supply or water-works system DISTRICT under this chapter. 848
The plan shall not authorize payment from the fund of any general 850
government expense required to carry out the overall governmental 851
responsibilities of a county. The plan shall conform to United 852
States office of management and budget Circular A-87, "Cost 853
Principles for State and, Local, AND INDIAN TRIBAL Governments," 855
published January 15 MAY 17, 1983 1995. 856
Sec. 6103.03. The authority of the A board of county 865
commissioners to provide ACQUIRE, CONSTRUCT, MAINTAIN, AND 866
OPERATE water supply improvements and to maintain and operate the 868
same within FACILITIES FOR A COUNTY sewer districts which include 870
a part or all of the DISTRICT IN territory within one or more OF 871
A municipal corporations shall be CORPORATION, OR A REGIONAL 872
DISTRICT ESTABLISHED UNDER CHAPTER 6119. OF THE REVISED CODE, 874
THAT IS IN WHOLE OR IN PART WITHIN THE COUNTY SEWER DISTRICT IS 875
the same as provided by law WITH RESPECT TO TERRITORY within 876
districts A COUNTY SEWER DISTRICT THAT IS wholly outside of A 877
municipal corporation, including the levying of assessments. 879
Such authority shall be limited to main works only, and shall not 880
include construction and maintenance of lateral water mains for 881
local service OR A REGIONAL DISTRICT, SUBJECT TO THE FOLLOWING IN 882
THE CASE OF FACILITIES within such A municipal corporation. The 883
plans, specifications, and estimated cost for any improvement 884
within the corporate limits of such municipal corporation: 885
(A) THE ACQUISITION, CONSTRUCTION, MAINTENANCE, AND 887
OPERATION OF THE FACILITIES shall FIRST be approved AUTHORIZED by 888
AN ORDINANCE OR RESOLUTION OF the legislative authority of such 890
THE municipal corporation prior to the letting of any contract 892
for the construction thereof. All
(B) ALL road surfaces, curbs, sidewalks, sewers, water 895
pipes SUPPLY FACILITIES, or other public IMPROVEMENTS OR property 896
THAT MAY BE disturbed or damaged by such THE construction OF THE 897
FACILITIES shall be REPLACED OR restored to their original 899
21
condition within a reasonable time by the board COUNTY, and the 901
cost thereof shall be TREATED AS a part of the cost of such 902
improvement. After such main works are constructed, such 903
municipal corporations may use the same as a supply for branch 904
and lateral water mains, for the service and use only of that 905
part of such THE FACILITIES. 906
(C) THE municipal corporation as lies within the area 908
assessed or to be assessed for the cost of such main works, 909
subject to such, WITH PRIOR APPROVAL OF OR BY AGREEMENT WITH THE 910
BOARD, MAY MAKE USE OF THE FACILITIES IN ACCORDANCE WITH rules 912
and regulations as are established by the board and subject to 913
all ANY APPLICABLE requirements of the director of environmental 915
protection.
At any time after a district is established comprising or 917
including a part or all of the territory within any municipal 918
corporation, the legislative authority of such municipal 919
corporation may by ordinance or resolution authorize the board to 920
proceed with the construction or the maintenance, repair, and 921
operation of any water improvement for local service within such 922
municipal corporation. After such authority has been granted, 923
the board may proceed with the construction or the maintenance, 924
repair, and operation of said improvement in the same manner as 925
provided by law for improvements in districts wholly outside of 926
municipal corporations, under the same restrictions as provided 927
in this section for main works. 928
Sec. 6103.04. (A) Whenever any portion of a COUNTY sewer 937
district is incorporated as a municipal corporation, or annexed 939
to, a municipal corporation, the area so incorporated or annexed 941
shall remain under the jurisdiction of the board of county 942
commissioners for water-works purposes OF THE ACQUISITION AND
CONSTRUCTION OF WATER SUPPLY IMPROVEMENTS until any water supply 943
or water-works ALL OF THE improvements for said THE area for 945
which detailed plans have been prepared and the resolutions 946
declaring the necessity thereof A RESOLUTION DESCRIBED IN 947
22
DIVISION (A) OR (E) OF SECTION 6103.05 OF THE REVISED CODE has 948
been adopted by the board have been ACQUIRED OR completed or 949
until said THE board has abandoned such projects THE 951
IMPROVEMENTS. Such THE BOARD, UNLESS AND UNTIL A CONVEYANCE IS 952
MADE TO A MUNICIPAL CORPORATION IN ACCORDANCE WITH DIVISION (B) 953
OF THIS SECTION, SHALL CONTINUE TO HAVE JURISDICTION IN THE AREA 954
SO INCORPORATED OR ANNEXED WITH RESPECT TO THE MANAGEMENT,
MAINTENANCE, AND OPERATION OF ALL WATER SUPPLY IMPROVEMENTS SO 956
ACQUIRED OR COMPLETED, OR PREVIOUSLY ACQUIRED OR COMPLETED, 957
INCLUDING THE RIGHT TO ESTABLISH RULES AND RATES AND CHARGES FOR 958
THE USE OF, AND CONNECTIONS TO, THE IMPROVEMENTS. THE 959
incorporation or annexation of any part of a district shall not 961
interfere with or render illegal AFFECT THE LEGALITY OR 962
ENFORCEABILITY OF any issue of bonds or certificate of 963
indebtedness made PUBLIC OBLIGATIONS ISSUED OR INCURRED by the 964
board in accordance with sections 6103.02 to 6103.30, inclusive, 966
of the Revised Code, COUNTY FOR PURPOSES OF THIS CHAPTER to 967
provide FOR THE payment for OF the cost of ACQUISITION, 968
construction and, maintenance, OR OPERATION of any water SUPPLY 971
improvements within such THE area, or with THE VALIDITY OF any 972
assessments levied or to be levied upon the property PROPERTIES 973
within such THE area to provide for the payment of the cost of 975
ACQUISITION, construction and, maintenance, OR OPERATION OF THE 976
IMPROVEMENTS. 977
(B) ANY COMPLETED WATER SUPPLY FACILITIES ACQUIRED OR 979
CONSTRUCTED BY A COUNTY UNDER THIS CHAPTER FOR THE USE OF ANY 980
COUNTY SEWER DISTRICT, OR ANY PART OF THOSE FACILITIES, THAT ARE 981
LOCATED WITHIN A MUNICIPAL CORPORATION OR WITHIN ANY AREA THAT IS 983
INCORPORATED AS, OR ANNEXED TO, A MUNICIPAL CORPORATION, OR ANY 984
PART OF THE FACILITIES THAT PROVIDE WATER FOR A MUNICIPAL
CORPORATION OR SUCH AN AREA, MAY BE CONVEYED, BY MUTUAL AGREEMENT 985
BETWEEN THE BOARD AND THE MUNICIPAL CORPORATION, TO THE MUNICIPAL 986
CORPORATION ON TERMS AND FOR CONSIDERATION AS MAY BE NEGOTIATED. 987
UPON AND AFTER THE CONVEYANCE, THE MUNICIPAL CORPORATION SHALL 988
23
MANAGE, MAINTAIN, AND OPERATE THE FACILITIES IN ACCORDANCE WITH 990
THE AGREEMENT. THE BOARD MAY RETAIN THE RIGHT TO JOINT USE OF
ALL OR PART OF ANY FACILITIES SO CONVEYED FOR THE BENEFIT OF THE 991
DISTRICT. NEITHER THE VALIDITY OF ANY ASSESSMENT LEVIED OR TO BE 992
LEVIED, NOR THE LEGALITY OR ENFORCEABILITY OF ANY PUBLIC 993
OBLIGATIONS ISSUED OR INCURRED, TO PROVIDE FOR THE PAYMENT OF THE 994
COST OF THE ACQUISITION, CONSTRUCTION, MAINTENANCE, OR OPERATION 995
OF THE FACILITIES OR ANY PART OF THEM SHALL BE AFFECTED BY THE
CONVEYANCE. 996
Sec. 6103.05. (A) After the establishment of any COUNTY 1,005
sewer district, the board of county commissioners, IF A WATER 1,007
SUPPLY IMPROVEMENT IS TO BE UNDERTAKEN, may have prepared by the 1,009
county sanitary engineer PREPARE, OR OTHERWISE CAUSE TO BE
PREPARED, FOR THE DISTRICT, OR REVISE AS NEEDED, a general plan 1,011
of water supply and water works for such district THAT IS as 1,012
complete as can be made DEVELOPED at that THE time. After such 1,014
THE general plan, IN ORIGINAL OR REVISED FORM, has been approved 1,015
by the board, IT MAY ADOPT A RESOLUTION GENERALLY DESCRIBING THE 1,016
WATER SUPPLY IMPROVEMENT THAT IS NECESSARY TO BE ACQUIRED OR 1,017
CONSTRUCTED IN ACCORDANCE WITH THE PLAN, DECLARING THAT THE
IMPROVEMENT IS NECESSARY FOR THE PRESERVATION AND PROMOTION OF 1,018
THE PUBLIC HEALTH AND WELFARE, AND DETERMINING WHETHER OR NOT 1,019
SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED TO PAY ANY 1,020
PART OF THE COST OF THE IMPROVEMENT.
(B) IF SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED AND 1,022
COLLECTED TO PAY ANY PART OF THE COST OF THE IMPROVEMENT, THE 1,023
BOARD, IN THE RESOLUTION PROVIDED FOR IN DIVISION (A) OF THIS 1,024
SECTION OR IN A SUBSEQUENT RESOLUTION, INCLUDING A RESOLUTION 1,025
AUTHORIZING THE ISSUANCE OR INCURRENCE OF PUBLIC OBLIGATIONS FOR 1,026
THE IMPROVEMENT, MAY AUTHORIZE THE IMPROVEMENT AND THE
EXPENDITURE OF THE FUNDS REQUIRED FOR ITS ACQUISITION OR 1,027
CONSTRUCTION AND MAY PROCEED WITH THE IMPROVEMENT WITHOUT REGARD 1,028
TO THE PROCEDURES OTHERWISE REQUIRED BY DIVISIONS (C), (D), AND 1,029
(E) OF THIS SECTION AND BY SECTIONS 6103.06, 6103.07, AND 6117.09 1,030
24
TO 6117.24 OF THE REVISED CODE. THOSE PROCEDURES SHALL BE 1,031
REQUIRED ONLY FOR IMPROVEMENTS FOR WHICH SPECIAL ASSESSMENTS ARE 1,032
TO BE LEVIED AND COLLECTED.
(C) IF SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED 1,034
PURSUANT TO A DETERMINATION MADE IN THE RESOLUTION PROVIDED FOR 1,035
IN DIVISION (A) OF THIS SECTION OR IN A SUBSEQUENT RESOLUTION, 1,036
THE PROCEDURES REFERRED TO IN DIVISION (B) OF THIS SECTION AS 1,037
BEING REQUIRED FOR THAT PURPOSE SHALL APPLY, AND THE BOARD MAY 1,038
HAVE the COUNTY sanitary engineer shall prepare, OR OTHERWISE 1,040
CAUSE TO BE PREPARED, detailed plans, specifications, and 1,041
estimates AN ESTIMATE of cost of such part of FOR the improvement 1,043
as it is necessary to then construct, together with a tentative 1,044
assessment of the cost based on such THE estimate. Such THE 1,045
tentative assessment shall be for the information of property 1,046
owners, and shall not be LEVIED OR certified to the county 1,047
auditor for collection. Such THE detailed plans, specifications, 1,049
estimates ESTIMATE of cost, and tentative assessment, as so 1,051
prepared by the sanitary engineer and IF approved by the board, 1,053
shall be carefully preserved in the office of the board or the 1,054
COUNTY sanitary engineer and shall be open to THE inspection of 1,055
all persons interested in such improvements THE IMPROVEMENT. 1,056
(B)(D) After THE BOARD'S approval of the detailed plans, 1,059
specifications, estimates ESTIMATE of cost, and tentative 1,060
assessment, and at least twenty-four days before adopting a 1,062
resolution as required by PURSUANT TO division (C)(E) of this 1,064
section, the board, EXCEPT TO THE EXTENT THAT APPROPRIATE WAIVERS 1,065
OF NOTICE ARE OBTAINED FROM AFFECTED OWNERS, shall send CAUSE TO 1,066
BE SENT a notice of its intent to consider or adopt a resolution 1,068
to each owner of property PROPOSED TO BE ASSESSED that is listed 1,069
on the records of the county auditor for current agricultural use 1,071
value taxation pursuant to section 5713.31 of the Revised Code 1,072
and that is not located in an agricultural district established 1,073
under section 929.02 of the Revised Code. The notice shall 1,074
SATISFY ALL OF THE FOLLOWING:
25
(1) Be sent by first class or certified mail; 1,076
(2) Specify the proposed date of the adoption of the 1,078
resolution; 1,079
(3) Contain a statement that the project IMPROVEMENT will 1,081
be financed in whole or in part by special assessments and that 1,083
all owners of property PROPERTIES not located in an agricultural 1,084
district established pursuant to section 929.02 of the Revised 1,086
Code may be subject to a special assessment; and 1,087
(4) Contain a statement that an agricultural district may 1,089
be established by filing an application with the county auditor. 1,090
If it appears, by the return of the mailed notices or by 1,092
other means, that one or more of the AFFECTED owners of property 1,094
cannot be found or are not served by the mailed notice, the board 1,095
shall publish CAUSE the notice TO BE PUBLISHED ONCE in a 1,096
newspaper of general circulation within IN the county not later 1,098
than ten days before the adoption of the resolution. 1,099
(C)(E) After complying with divisions (A), (C), and (B)(D) 1,102
of this section, the board shall MAY adopt a resolution declaring 1,103
that such THE improvement, describing the same WHICH SHALL BE 1,105
DESCRIBED AS TO ITS NATURE and ITS location, route, and termini 1,106
thereof, is necessary for the preservation and promotion of THE 1,107
public health and welfare and to provide fire protection, 1,108
referring to the plans, specifications, estimates ESTIMATE of 1,109
cost, and tentative assessment, stating the place where they are 1,111
on file and may be examined, what part of AND PROVIDING THAT the 1,112
ENTIRE cost OR A LESSER DESIGNATED PART OF THE COST will be paid 1,114
by the county at large, and what part will be specially assessed 1,115
against the benefited property PROPERTIES within the district AND 1,116
THAT ANY BALANCE WILL BE PAID BY THE COUNTY AT LARGE FROM OTHER 1,117
AVAILABLE FUNDS. Such THE resolution shall also SHALL contain a 1,119
description of the boundaries of that part of the district to be 1,121
assessed, and may include the estimated cost of maintaining the 1,122
improvement for one year. The resolution shall designate a time 1,123
and place, to be fixed by the board, when and where FOR 1,124
26
objections to the improvement, to the tentative assessment, or to 1,125
the boundaries of the assessment district will TO be heard by the 1,127
board. The date of such THAT hearing shall be not less than 1,129
twenty-four days after the date of the first publication of the 1,130
notice of THE hearing required by this section DIVISION. 1,131
The board shall cause a notice of the hearing to be 1,133
published once a week for two consecutive weeks in a newspaper of 1,134
general circulation within IN the county, and on or before the 1,135
date of the second publication, it shall send CAUSE TO BE SENT by 1,138
ordinary first class or certified mail a copy of the notice to 1,140
every owner of property to be assessed for such THE improvement 1,141
whose address is known.
The notice shall set forth the time and place of the 1,143
hearing, a summary description of the proposed improvement, 1,144
including its general route and termini, a summary description of 1,145
the area to be assessed CONSTITUTING THE ASSESSMENT DISTRICT, and 1,147
the place where the plans, specifications, estimates ESTIMATE of 1,148
cost, and tentative assessments ASSESSMENT are on file and may be 1,150
examined. The EACH MAILED notice shall also SHALL include a 1,151
statement that the property of the addressee will be assessed for 1,152
such THE improvement. Notice of such hearing THE NOTICE ALSO 1,154
shall be mailed SENT BY FIRST CLASS OR CERTIFIED MAIL, ON OR 1,155
BEFORE THE DATE OF THE SECOND PUBLICATION, to the clerk, OR THE 1,157
OFFICIAL DISCHARGING THE DUTIES OF A CLERK, of any municipal 1,158
corporation any part of which lies within the assessment district 1,159
AND SHALL STATE WHETHER OR NOT ANY PROPERTY BELONGING TO THE 1,160
MUNICIPAL CORPORATION IS TO BE ASSESSED AND, IF SO, SHALL
IDENTIFY THAT PROPERTY. A 1,161
AT THE hearing shall be granted by, OR AT ANY ADJOURNMENT 1,164
OF THE HEARING, OF WHICH NO FURTHER PUBLISHED OR MAILED NOTICE
NEED BE GIVEN, the board to SHALL HEAR all parties interested at 1,166
the time and place fixed by such resolution and notice WHOSE 1,168
PROPERTIES ARE PROPOSED TO BE ASSESSED. Written objections to or 1,169
indorsements ENDORSEMENTS of the proposed improvement, the ITS 1,171
27
character and termini thereof, the boundaries of the assessment 1,173
district, or the tentative assessment shall be received by the 1,174
board for a period of five days after the COMPLETION OF THE 1,175
hearing, and no action shall be taken by the board in the matter 1,177
until after such THAT period has elapsed. The minutes of the 1,179
hearing shall be entered on the journal of the board showing the 1,180
persons who appear in person or by attorney, and all written 1,181
objections shall be preserved and filed in the office of the 1,182
board.
Sec. 6103.07. After the passage ADOPTION of the A 1,191
resolution to proceed with an improvement, as provided in section 1,193
6103.06 of the Revised Code, no further action THE CONSTRUCTION 1,195
OF THE IMPROVEMENT shall be taken or work done in connection 1,196
therewith DEFERRED until ten days have elapsed. If, at the 1,197
expiration of such THAT period, no appeal has been effected by 1,198
any property owner, as provided in sections 6117.09 to 6117.24, 1,199
inclusive, of the Revised Code, THE ACTION OF THE BOARD OF COUNTY 1,200
COMMISSIONERS SHALL BE FINAL, AND the board may PROCEED TO issue 1,202
and sell bonds or certificates of indebtedness INCUR PUBLIC 1,204
OBLIGATIONS and construct such THE improvement. If, at the end 1,205
of THAT ten days, any owner of property to be assessed or taxed 1,207
for the improvement has effected an appeal, then said work THE 1,209
CONSTRUCTION OF THE IMPROVEMENT shall not be proceeded with 1,210
DEFERRED until the matters appealed from have been disposed of in 1,211
court.
Sec. 6103.081. (A) After the establishment of any COUNTY 1,220
sewer district, the board of county commissioners may determine 1,222
by resolution that it is necessary to provide water supply 1,223
improvements and to maintain and operate the same IMPROVEMENTS 1,224
within the sewer district or a designated portion thereof and OF 1,225
THE DISTRICT, that such water supply THE improvements, WHICH 1,227
SHALL BE generally described in such THE resolution, shall be 1,228
constructed, THAT FUNDS ARE REQUIRED TO PAY THE PRELIMINARY COSTS 1,229
OF THE IMPROVEMENTS TO BE INCURRED PRIOR TO THE COMMENCEMENT OF 1,230
28
THE PROCEEDINGS FOR THEIR CONSTRUCTION, AND THAT THOSE FUNDS
SHALL BE PROVIDED IN ACCORDANCE WITH THIS SECTION. 1,231
(B) Prior to the adoption of such THE resolution, the 1,233
board of county commissioners shall give notice of the ITS 1,235
pendency thereof and of the proposed determination of the 1,237
necessity of the improvements therein generally described, which 1,238
IN THE RESOLUTION. THE notice shall set forth a description of 1,239
the properties to be benefited by the improvements and the time 1,240
and place of A hearing of objections to and endorsements of the 1,242
improvements. Such THE notice shall be given EITHER by 1,243
publication in a newspaper of general circulation IN THE COUNTY 1,245
once a week for two consecutive weeks, OR BY MAILING A COPY OF 1,246
THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO THE OWNERS OF THE 1,247
PROPERTIES PROPOSED TO BE ASSESSED AT THEIR RESPECTIVE TAX 1,248
MAILING ADDRESSES, OR BY BOTH MANNERS, the first publication to 1,249
be MADE OR THE MAILING TO OCCUR at least two weeks prior to the 1,250
date set for the hearing. At such THE hearing, or at any 1,251
adjournment thereof OF THE HEARING, of which no further published 1,253
OR MAILED notice need be given, the board of county commissioners 1,254
shall hear all persons whose properties are proposed to be 1,255
assessed, and such THE evidence as is deemed IT CONSIDERS to be 1,257
necessary, and shall. THE BOARD then SHALL determine the 1,258
necessity of the proposed improvement, IMPROVEMENTS and in 1,259
addition shall determine whether such THE improvements shall be 1,262
made by the board of county commissioners and, IF THEY ARE TO BE 1,263
MADE, shall direct the preparation of tentative assessments upon 1,264
the benefited properties and by whom they shall be prepared. 1,265
Thereupon in (C) IN order to obtain funds for the 1,267
preparation of a general OR REVISED GENERAL plan of water supply 1,269
and waterworks for such THE district or part thereof and OF THE 1,270
DISTRICT, FOR THE PREPARATION OF the detailed plans, 1,271
specifications, estimates ESTIMATE of cost, preparation of the 1,272
AND tentative assessment FOR THE PROPOSED IMPROVEMENTS, and FOR 1,273
the cost of financing and legal services incident to the 1,274
29
preparation of all of such THOSE plans and a plan of financing 1,275
the proposed improvement IMPROVEMENTS, the board of county 1,277
commissioners may levy upon the property PROPERTIES to be 1,279
benefited in such THE district a preliminary assessment 1,280
apportioned according to benefits or to tax valuation or partly 1,282
by one method and partly BY the other METHOD as the board of 1,284
county commissioners may determine. Such THE assessments shall 1,285
be in the amount determined to be necessary to obtain funds for 1,286
such THE general and detailed plans and such costs THE COST of 1,288
financing and legal services and shall be payable in such THE 1,290
number of years as THAT the board of county commissioners shall 1,291
determine, not to exceed twenty years, together with interest on 1,292
any notes and bonds which PUBLIC OBLIGATIONS THAT may be issued 1,294
OR INCURRED in anticipation of the collection of such THE 1,296
assessments. 1,297
(D) The board of county commissioners shall have power at 1,299
any time to levy additional assessments according to benefits or 1,301
to tax valuation or partly by one method and partly by the other 1,302
METHOD as the board of county commissioners may determine for 1,304
such THE purposes DESCRIBED IN DIVISION (C) OF THIS SECTION upon 1,305
such THE BENEFITED properties to complete the payment of such THE 1,307
costs DESCRIBED IN DIVISION (C) OF THIS SECTION or to pay the 1,309
cost of any additional plans, specifications, estimates ESTIMATE 1,310
of cost, OR tentative assessments ASSESSMENT and the cost of 1,311
financing and legal services incident to the preparation of such 1,312
THOSE plans and such THE plan of financing, which additional 1,314
assessments shall be payable in such THE number of years as THAT 1,315
the legislative authority BOARD shall determine, not to exceed 1,316
twenty years, together with interest on any notes and bonds which 1,318
PUBLIC OBLIGATIONS THAT may be issued OR INCURRED in anticipation 1,319
of the collection thereof OF THE ADDITIONAL ASSESSMENTS. 1,321
(E) Prior to the adoption of the A resolution levying such 1,324
assessments UNDER THIS SECTION, the board shall give at least ten 1,325
days' notice EITHER BY ONE PUBLICATION in one A newspaper of 1,326
30
general circulation in the county which shall state, OR BY 1,328
MAILING A COPY OF THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO 1,329
THE OWNERS OF THE PROPERTIES PROPOSED TO BE ASSESSED AT THEIR 1,330
RESPECTIVE TAX MAILING ADDRESSES, OR BY BOTH MANNERS, THE 1,331
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 1,333
MEETING AT WHICH THE resolution shall be taken up for 1,335
consideration; THAT NOTICE SHALL STATE THE TIME AND PLACE OF THE 1,336
MEETING AT WHICH THE RESOLUTION IS TO BE CONSIDERED. At such THE 1,337
time and place OF THE MEETING, or at any adjournment thereof OF 1,339
THE MEETING, of which no further published OR MAILED notice need 1,340
be given, the board shall hear all persons whose properties are 1,341
proposed to be assessed, shall correct any errors and make any 1,342
revisions that appear to be necessary or just, and may then pass 1,343
MAY ADOPT a resolution levying upon the properties determined to 1,344
be benefited such THE assessments as so corrected and revised. 1,345
The assessments levied by such THE resolution shall be 1,347
certified to the county auditor for collection IN THE SAME MANNER 1,349
as other taxes in the year or years in which they are payable. 1,351
(F) Upon the adoption of such THE resolution DESCRIBED IN 1,354
DIVISION (E) OF THIS SECTION, no further action shall be taken or 1,355
work done until ten days have elapsed. If, at the expiration of 1,356
such THAT period, no appeal has been effected by any property 1,358
owner as herein provided IN THIS DIVISION, the action of the 1,361
board shall be final. If, at the end of THAT ten days, any owner 1,362
of property to be assessed for the improvement IMPROVEMENTS has 1,363
effected such an appeal then, no further action shall be taken 1,365
and no work done in connection with such THE improvements under 1,368
said THE resolution until the matters appealed from have been 1,369
disposed of in court. 1,370
Any owner of property to be assessed may appeal as provided 1,372
and upon the grounds stated in sections 6117.09 to 6117.24, 1,373
inclusive, of the Revised Code. 1,374
If no appeal has been perfected or if on appeal the 1,376
31
resolution of award of county commissioners THE BOARD is 1,377
sustained, the board of county commissioners may authorize AND 1,379
ENTER INTO contracts to carry out the purpose for which such THE 1,380
assessments have been levied without the prior issuance of notes, 1,381
provided that the payments due by the board of county 1,383
commissioners UNDER THOSE CONTRACTS do not fall due prior to the 1,384
time in BY which such THE assessments shall ARE TO be collected. 1,386
The board of county commissioners shall also have the power to 1,388
MAY issue and sell its bonds with a maximum maturity of twenty 1,390
years in anticipation of the collection of such THE assessments 1,391
and may issue its notes in anticipation of the issuance of such 1,392
THE bonds, which notes and bonds, AS PUBLIC OBLIGATIONS, shall be 1,394
issued and sold as provided in Chapter 133. of the Revised Code. 1,396
Sec. 6103.11. Whenever the owners of all the lots and 1,405
lands to be benefited by and to be assessed for any water supply 1,407
or water-works system, IMPROVEMENT provided for in sections 1,409
6103.02 to 6103.30, inclusive, of the Revised Code THIS CHAPTER, 1,410
by petition in writing, request the board of county commissioners 1,411
to provide for the ACQUISITION OR construction, maintenance, and 1,412
operation of any such THE improvement, describing the improvement 1,414
desired and the lots and lands owned by them respectively to be 1,416
assessed to pay the cost and OF ACQUISITION OR CONSTRUCTION, 1,418
maintenance, AND OPERATION of such THE improvement, and 1,419
consenting that their said lots and lands may be assessed to pay 1,420
the cost of such THE ACQUISITION OR CONSTRUCTION OF THE 1,421
improvement and of ITS maintenance and operation as provided in 1,422
such sections THIS CHAPTER, and waive notice and the publication 1,424
of all resolutions and legal notices provided for in such 1,426
sections OTHERWISE REQUIRED, the board shall MAY have THE COUNTY 1,428
SANITARY ENGINEER PREPARE, OR OTHERWISE CAUSE TO BE prepared, the 1,429
necessary plans, specifications, and estimates ESTIMATE of cost 1,431
of THE ACQUISITION OR construction, maintenance, and operation 1,434
thereof, OF THE IMPROVEMENT and a tentative assessment. When all 1,435
of the owners of the lots and lands to be benefited by and 1,436
32
assessed for the proposed improvement in writing state, IN 1,437
WRITING, that they have examined the estimated ESTIMATE OF cost 1,438
and tentative assessment as made by the county sanitary engineer, 1,439
that they have no objections thereto TO THEM, and that, in case 1,441
bonds are sold PROPOSED TO BE ISSUED prior to the ACQUISITION OR 1,443
construction of the improvement, they waive their right or option 1,444
to pay the assessments in cash, then the board shall MAY proceed, 1,446
as provided in such sections, THIS CHAPTER to construct such 1,448
CAUSE THE improvement TO BE ACQUIRED OR CONSTRUCTED and make 1,449
provisions TO CAUSE PROVISION TO BE MADE for the payment of the 1,450
cost of ITS ACQUISITION OR construction, maintenance, and 1,451
operation, as provided in such sections, except that none of the 1,453
notices or publications OTHERWISE required by law need be made 1,454
nor any GIVEN AND NO opportunity NEED be given PROVIDED for the 1,455
filing of objections to the improvement, ITS CHARACTER AND 1,456
TERMINI, THE BOUNDARIES OF THE ASSESSMENT DISTRICT, or to the 1,457
assessments, TENTATIVE ASSESSMENT or, if bonds have been sold ARE 1,459
ISSUED PRIOR TO THE ACQUISITION OR CONSTRUCTION OF THE 1,460
IMPROVEMENT, for paying the assessments in cash, and the. THE 1,462
board shall forthwith MAY proceed to authorize and issue bonds or 1,463
certificates INCUR PUBLIC OBLIGATIONS IN THE REQUIRED AMOUNT, 1,464
COMPLETE THE ACQUISITION OR CONSTRUCTION of indebtedness THE 1,465
IMPROVEMENT, and levy and collect the assessments authorized by 1,468
sections 6103.02 to 6103.30, inclusive, of the Revised Code, and 1,469
no THIS CHAPTER. NO person, firm, or corporation PUBLIC AGENCY 1,471
shall have the right to appeal from any decision or action of the 1,473
board in the matter except refusal by the board to proceed with
such THE improvement. The 1,475
THE tentative assessment provided for in this section shall 1,477
be for the information of property owners and shall not be LEVIED 1,478
OR certified to the county auditor for collection. On completion 1,482
of the work IMPROVEMENT, the ITS cost thereof shall be 1,483
determined, including incidental expense as defined in sections 1,485
6103.02 to 6103.30, inclusive, of the Revised Code, and a revised 1,487
33
assessment shall be prepared by the COUNTY sanitary engineer 1,488
SHALL PREPARE, OR OTHERWISE CAUSE TO THE BE PREPARED, A REVISED 1,489
ASSESSMENT based on such THE actual cost and in substantially the 1,491
same proportion as the tentative assessment. The board shall 1,492
confirm such AND LEVY THE revised assessment and certify the same 1,494
IT to the COUNTY auditor for collection. 1,495
Sec. 6103.12. The cost of any improvement provided for in 1,504
sections 6103.02 to 6103.30, inclusive, of the Revised Code, THIS 1,506
CHAPTER and the cost of the ITS maintenance and operation 1,508
thereof, shall include, in addition to the cost of ITS
ACQUISITION OR construction, the cost of engineering, necessary 1,510
publications, inspection, interest on certificates of 1,511
indebtedness or on bonds PUBLIC OBLIGATIONS, and all other items 1,512
of cost incident to such THE improvement AS DESCRIBED IN DIVISION 1,513
(B) OF SECTION 133.15 OF THE REVISED CODE. The county may pay 1,514
FROM AVAILABLE COUNTY FUNDS any part of the cost of such THE 1,515
improvement and any part of the COST OF ITS maintenance and 1,516
operation thereof if the board of county commissioners deems such 1,518
CONSIDERS THE payment TO BE just. 1,519
Sec. 6103.13. The cost and expense of the ACQUISITION OR 1,528
construction of a main, branch, local or reinforcing pipe line 1,530
and water supply FACILITIES to be paid by assessments shall be 1,533
assessed, as an assessment district assessment, upon all the
property within said THE COUNTY SEWER district found to be 1,535
benefited in accordance with the special benefits conferred, less 1,537
such ANY part of said THE cost as shall be THAT IS paid by the 1,538
county at large FROM OTHER AVAILABLE FUNDS. State land so 1,540
benefited and any state land benefited by pavement, sidewalk, 1,541
sewage, or other improvement of value shall bear its proportion 1,542
PORTION of THE assessed costs according to its special benefit 1,544
COST.
Sec. 6103.15. The county sanitary engineer, upon the 1,553
completion of any improvement under sections 6103.02 to 6103.30, 1,554
inclusive, of the Revised Code IN ACCORDANCE WITH THIS CHAPTER, 1,555
34
shall prepare, OR OTHERWISE CAUSE TO BE PREPARED, and SHALL 1,557
present to the board of county commissioners, a revised 1,558
assessment, based on the tentative assessment previously ratified 1,559
by the board for such THE improvement, or, if such THE tentative 1,562
assessment has been revised by order of court, BASED on such THE 1,565
revised tentative assessment, the assessment levied on each piece 1,567
of property being modified in substantially the same proportion
as the actual cost of the work IMPROVEMENT, including incidental 1,568
costs, bears to the estimated cost on which such THE tentative 1,571
assessment was based. No notice of such THE revised assessment 1,573
shall be given unless such THE actual cost exceeds the estimated 1,574
cost. If the actual cost exceeds the estimated cost, notice 1,575
shall be given TO all property owners within the assessment 1,577
district and shall be published as provided by section 6103.06 of 1,578
the Revised Code for amendments of the tentative assessment, and 1,580
any property owners OWNER may appeal as provided for in THE case 1,582
of A tentative assessments ASSESSMENT. The board shall confirm 1,584
such THE revised assessment, and, when so confirmed, the same IT 1,585
shall be final and conclusive. If an appeal has been made, such 1,587
THAT confirmation shall be subject to the finding of the court. 1,588
The 1,589
THE board may, at such intervals as it deems CONSIDERS 1,593
expedient, assess MAY LEVY AN ADDITIONAL ASSESSMENT ON the lots 1,594
and parcels of land specified in said notice of assessment and 1,596
levy taxes upon the taxable property of the district so improved 1,598
ASSESSED FOR THE IMPROVEMENT, INCLUDING STATE LAND, IN ORDER to 1,599
pay the cost of the maintenance, REPAIR, and operation of any 1,601
such THE improvement, after ITS completion thereof, and no. NO 1,603
further notice shall be necessary of such maintenance, repair, or 1,604
operation THAT ADDITIONAL assessment SHALL BE NECESSARY unless 1,606
the amount thereof OF IT exceeds ten per cent of the original 1,607
cost of the construction ACQUIRING OR CONSTRUCTING THE 1,608
IMPROVEMENT. If such maintenance, repair, or operation THAT 1,609
ADDITIONAL assessment exceeds ten per cent of the original cost 1,612
35
of the construction ACQUIRING OR CONSTRUCTING THE IMPROVEMENT, 1,613
the method and manner of making such THAT ADDITIONAL assessment, 1,614
together with the notice thereof OF IT, shall be the same as 1,615
provided by sections 6103.02 to 6103.30, inclusive, of the 1,616
Revised Code, IN THIS CHAPTER for the original assessment. THAT 1,618
ADDITIONAL ASSESSMENT SHALL BE SUBJECT TO ANY APPLICABLE 1,619
PROVISIONS OF SECTION 6103.16 OF THE REVISED CODE, PROVIDED THAT
THE ASSESSMENT MAY BEAR INTEREST AT A RATE THAT THE BOARD 1,620
DETERMINES TO BE APPROPRIATE. 1,621
Sec. 6103.17. Whenever the legislative authority or board 1,630
of health, or the officers performing the duties of a legislative 1,631
authority or board of health, of a municipal corporation, the 1,632
board of health of a general health district, or a board of 1,633
township trustees makes complaint, in writing, to the director of 1,634
environmental protection AGENCY that unsafe water supply 1,635
conditions exist in any county, the AGENCY'S director shall 1,636
forthwith SHALL inquire into and investigate the conditions 1,638
complained of. If, upon investigation of such THE complaint, the 1,639
director finds that it is necessary for the public health and 1,641
welfare that any improvement mentioned in sections 6103.01 and 1,642
6103.02 of the Revised Code WATER SUPPLY FACILITIES be ACQUIRED 1,644
OR constructed, maintained, and operated for the service of TO 1,645
SERVE any territory outside of municipal corporations in any 1,647
county, the director shall notify the board of county 1,648
commissioners of such THE county of his THAT finding AND ORDER 1,650
THAT CORRECTIVE ACTION BE TAKEN. The board shall obey such THE 1,651
order and proceed, as provided in sections THIS CHAPTER AND 1,652
SECTION 6117.01, 6117.02, and 6103.02 to 6103.30 of the Revised 1,654
Code, to establish a COUNTY sewer district, IF REQUIRED, TO 1,656
provide THE necessary funds, and TO ACQUIRE OR construct such 1,657
public water supplies THE FACILITIES, or AND TO maintain, repair, 1,659
or AND operate the same FACILITIES, as are required by such THE 1,661
order and in such A manner as THAT is satisfactory to the 1,663
director. Any part OR ALL of the cost of such improvement THE 1,664
36
FACILITIES or OF THE maintenance AND OPERATION OF THE FACILITIES 1,665
may be assessed upon the property benefited PROPERTIES as 1,666
provided in such sections THIS CHAPTER. 1,667
Sec. 6103.20. (A) At any time after the formation of any 1,676
COUNTY sewer district, the board of county commissioners, when 1,679
deemed expedient IT CONSIDERS IT APPROPRIATE, on application by a 1,680
corporation, individual, PERSON or public institution AGENCY FOR 1,682
THE SUPPLY OF WATER TO PROPERTIES OF THAT PERSON OR PUBLIC AGENCY 1,683
LOCATED outside of any THE district, may contract with such 1,684
corporation, individual, THE PERSON or public institution AGENCY 1,685
for supplying water to their premises THOSE PROPERTIES FROM WATER 1,687
SUPPLY FACILITIES ACQUIRED OR CONSTRUCTED OR TO BE ACQUIRED OR 1,688
CONSTRUCTED BY THE COUNTY TO SERVE THE DISTRICT, on such terms as 1,690
are THAT THE BOARD CONSIDERS equitable, but the. THE amount to 1,691
be paid BY THE PERSON OR PUBLIC AGENCY TO REIMBURSE THE COUNTY 1,692
FOR COSTS OF ACQUIRING OR CONSTRUCTING THOSE FACILITIES shall not 1,693
be less than the original OR COMPARABLE assessment for similar 1,694
property within the district OR, IN THE ABSENCE OF AN ORIGINAL OR 1,695
COMPARABLE ASSESSMENT, AN AMOUNT THAT IS FOUND BY THE BOARD TO BE 1,696
REASONABLE AND FAIRLY REFLECTIVE OF THAT PORTION OF THE COST OF 1,697
THOSE FACILITIES ATTRIBUTABLE TO THE PROPERTIES TO BE SERVED. 1,698
Such THE board in any such case shall appropriate any moneys 1,699
received for such THAT service to and for the use and benefit of 1,700
such THE district. When the THE board deems it necessary to 1,702
contract with a corporation, individual, or public institution 1,704
outside of any district for supplying water to their premises 1,705
from water supply lines constructed or to be constructed to serve
such district, it shall so determine by resolution and may 1,707
collect said THE amount TO BE PAID BY THE PERSON OR PUBLIC AGENCY 1,708
IN FULL, in cash OR IN INSTALLMENTS AS A PART OF A CONNECTION 1,710
CHARGE TO BE COLLECTED IN ACCORDANCE WITH DIVISION (F) OF SECTION 1,711
6103.02 OF THE REVISED CODE, or, IF THE PROPERTIES TO BE SERVED 1,713
ARE LOCATED WITHIN THE COUNTY, the same AMOUNT may be assessed 1,714
against said lots or parcels of land THOSE PROPERTIES, and, IN 1,716
37
THAT EVENT, the manner of making such THE assessment, together 1,717
with the notice thereof OF IT, shall be the same as provided in 1,719
sections 6103.02 to 6103.30, inclusive, of the Revised Code, for 1,721
the original assessment THIS CHAPTER.
(B) Whenever a water supply line has FACILITIES HAVE been 1,724
ACQUIRED OR constructed by, AND AT THE EXPENSE OF, a corporation, 1,725
individual, PERSON or public institution at its own expense for 1,726
the purpose of supplying water to any allotment, development, 1,729
subdivision, or similar enterprise, or to any institution, AGENCY 1,730
and it is deemed expedient by the board CONSIDERS IT APPROPRIATE 1,731
to acquire said water supply line THE FACILITIES or any part 1,733
thereof OF THEM for the purpose of supplying water to territory 1,735
outside the allotment, subdivision, development, or other such 1,736
enterprise for which such line was constructed, and such 1,738
additional territory is within a COUNTY SEWER district, the 1,739
county sanitary engineer, AT THE DIRECTION OF THE BOARD, shall 1,740
examine it and if he THE FACILITIES. IF THE COUNTY SANITARY 1,741
ENGINEER finds the same FACILITIES properly designed and 1,743
constructed, he THE COUNTY SANITARY ENGINEER shall make an 1,744
appraisal of its present value to the district as a means of 1,746
supplying water to territory outside the allotment, subdivision, 1,747
development, or similar enterprise for which it was originally
constructed and shall certify such value THAT FACT to the board. 1,749
In such appraisal no allowance shall be made for the value of 1,750
such water supply line to the territory for the service of which 1,751
it was originally constructed. THE 1,752
The board, by resolution, may determine to purchase said 1,754
water supply line THE FACILITIES OR ANY PART OF THEM at a cost 1,757
not to exceed its present value as certified by THAT, AFTER
CONSULTATION WITH the COUNTY sanitary engineer, IT FINDS TO BE 1,759
REASONABLE. For 1,760
SUBJECT TO AND IN ACCORDANCE WITH THIS DIVISION AND 1,762
DIVISION (B) OR DIVISIONS (C), (D), AND (E) OF SECTION 6103.05 OF 1,765
THE REVISED CODE, THE BOARD MAY PURCHASE THE FACILITIES OR ANY
38
PART OF THEM BY NEGOTIATION. FOR the purpose of paying for the 1,766
water supply line and the maintenance thereof COST OF THEIR 1,769
ACQUISITION, the board may issue bonds or certificates of 1,770
indebtedness INCUR PUBLIC OBLIGATIONS and assess the ENTIRE cost, 1,772
OR A LESSER DESIGNATED PART OF THE COST, OF THEIR ACQUISITION 1,773
against the benefited property PROPERTIES in the same manner as 1,774
provided by law IN THIS CHAPTER for the construction of an 1,776
original water supply line OR COMPARABLE FACILITIES. 1,777
Sec. 6103.21. At any time after the formation of any 1,786
COUNTY sewer district, the board of county commissioners may 1,789
enter into a contract, upon such THE terms and for such THE 1,790
period of time as are THAT IS mutually agreed upon, with any 1,792
municipal corporation or any other county PUBLIC AGENCY to 1,793
prepare ALL necessary plans and estimates of cost and to ACQUIRE 1,795
OR construct any water supply improvement FACILITIES THAT ARE to 1,796
be used jointly by the contracting parties, and to provide for 1,797
the furnishing of water and for the MAINTENANCE, OPERATION, AND 1,798
joint use by such THE contracting parties of such THOSE water 1,799
supply improvement FACILITIES or the MAINTENANCE, OPERATION, AND 1,801
joint use of any suitable existing water supply or water mains 1,802
SUPPLY FACILITIES belonging to either of such THE CONTRACTING 1,803
parties. 1,804
Sec. 6103.22. All contracts under section 6103.21 of the 1,813
Revised Code shall provide for THE payment OF COMPENSATION to the 1,815
county or municipal corporation OTHER PUBLIC AGENCY owning, 1,816
ACQUIRING, OR constructing, or agreeing to ACQUIRE OR construct, 1,817
the water supply improvement FACILITIES to be jointly used of the 1,819
IN AN amount agreed upon as the other party's share of the cost 1,820
of ACQUIRING OR CONSTRUCTING the water supply improvement 1,822
FACILITIES. The contract also shall provide for payment OF 1,824
COMPENSATION to the county or municipal corporation OTHER PUBLIC 1,825
AGENCY owning, ACQUIRING, or constructing THE FACILITIES and 1,827
OPERATING AND maintaining the improvement of the THEM IN AN 1,829
amount agreed upon for AS the other party's share of the cost of 1,830
39
operating and maintaining the water supply improvement THEM, 1,831
including the cost of water, or, in lieu of all other OR 1,833
DIFFERING payments, an agreed price per unit for water furnished. 1,834
A county or municipal corporation OTHER PUBLIC AGENCY owning, 1,835
ACQUIRING, OR constructing, or agreeing to ACQUIRE OR construct 1,837
a, ANY water supply improvement FACILITIES and permitting the 1,838
AGREEING TO THEIR use of it by another county or municipal 1,840
corporation PUBLIC AGENCY shall retain full control and 1,841
management of the ACQUISITION, construction, maintenance, repair, 1,842
and operation of the improvement, FACILITIES, UNLESS OTHERWISE 1,843
PROVIDED IN THE CONTRACT AND except, IN THE CASE OF A COUNTY, 1,845
when conveyed to a municipal corporation as provided in this 1,846
section DIVISION (B) OF SECTION 6103.04 OF THE REVISED CODE. ANY 1,847
CONTRACT RELATING TO FACILITIES UNDER THE JURISDICTION OF THE 1,848
DIRECTOR OF ENVIRONMENTAL PROTECTION SHALL BE APPROVED BY THE 1,849
DIRECTOR BEFORE GOING INTO EFFECT.
A completed water supply or water-works system, as defined 1,851
in sections 6103.01 and 6103.02 of the Revised Code, for the use 1,852
of any sewer district, constructed under this chapter, and any 1,853
part thereof, located within any municipal corporation or within 1,854
any area that may be incorporated as a municipal corporation or 1,855
annexed to an existing municipal corporation, or that provides 1,856
water for such an area, by mutual agreement between the board of 1,857
county commissioners and the municipal corporation may be 1,858
conveyed to the municipal corporation, which shall thereafter 1,859
maintain and operate the water supply or water-works. The board
may retain the right to joint use of the water supply or 1,860
water-works for the benefit of the district. The validity of any 1,861
assessment that has been levied or may be levied thereafter to 1,862
provide means for the payment of the cost of the construction or 1,863
maintenance of the water supply or water-works or any part of it 1,864
shall not be affected by the conveyance.
Sec. 6103.23. The A county or municipal corporation OTHER 1,874
PUBLIC AGENCY contracting as provided in sections 6103.20 to 1,875
40
6103.21 AND 6103.22, inclusive, of the Revised Code, for the 1,877
joint use of any water supply improvement FACILITIES ACQUIRED OR 1,878
constructed, or to be ACQUIRED OR constructed, by another county 1,880
or municipal corporation PUBLIC AGENCY may provide for payment of 1,881
the agreed compensation by the levy of taxes, OR special 1,882
assessments, or FROM water rentals as now provided in RATES AND 1,885
CHARGES, IF AND TO THE EXTENT THAT THE PUBLIC AGENCY IS 1,886
AUTHORIZED BY the laws governing such county or municipal
corporation IT in the ACQUISITION, construction, maintenance, 1,888
repair, or operation of a water supply improvement FACILITIES TO 1,889
PROVIDE FOR PAYMENT OF COSTS IN RESPECT OF WHICH THE COMPENSATION 1,890
IS DUE FROM THOSE SOURCES, and may issue bonds OR INCUR PUBLIC 1,891
OBLIGATIONS as provided by such THOSE laws in anticipation of 1,892
such taxes or assessments AND PAY THE DEBT CHARGES ON THOSE 1,893
OBLIGATIONS FROM THOSE SOURCES, IF AND TO THE EXTENT SO 1,894
AUTHORIZED.
Sec. 6103.24. The A county or municipal corporation OTHER 1,904
PUBLIC AGENCY receiving the compensation provided for in section 1,906
6103.22 of the Revised Code shall credit the amount so received 1,907
to the proper fund to be used and applied towards FOR the 1,908
ACQUISITION, construction, or OPERATION AND maintenance, as the 1,909
case may be, of the water supply improvement and other water 1,911
works to be jointly used FACILITIES OR FOR OTHER AUTHORIZED 1,912
PURPOSES. 1,913
Sec. 6103.25. Whenever, in the opinion of the board of 1,922
county commissioners, it is necessary to procure ACQUIRE real 1,924
estate, a right of way, or an easement ANY INTEREST IN REAL 1,925
ESTATE for the ACQUISITION, construction, MAINTENANCE, or 1,926
operation of any water supply or other improvement FACILITIES 1,927
authorized by sections 6103.02 to 6103.30, inclusive, of the 1,929
Revised Code THIS CHAPTER, or TO ACQUIRE the right to ACQUIRE, 1,931
construct, maintain, and operate such water supply or other 1,932
improvement THOSE FACILITIES in and upon any property within or 1,934
without OUTSIDE OF a COUNTY sewer district, it may purchase the 1,935
41
same REAL ESTATE, INTEREST IN REAL ESTATE, OR RIGHT BY 1,936
NEGOTIATION. If such THE board and the owner thereof OF THE REAL 1,938
ESTATE, INTEREST IN REAL ESTATE, OR RIGHT are unable to agree 1,939
upon its purchase and sale, or the amount of damage DAMAGES to be 1,941
awarded therefor FOR IT, the board may appropriate such THE real 1,944
estate, right of way, easement INTEREST, or right, in accordance 1,946
with sections 163.01 to 163.22, inclusive, of the Revised Code. 1,948
The board shall perform all acts and duties required to be 1,950
performed by the mayor or legislative authority of a municipal 1,951
corporation by such laws and the passage of equivalent
resolutions and ordinances to be passed by the legislative 1,952
authority of a municipal corporation. In the construction, 1,953
maintenance, and operation of any water supply or waterworks 1,954
system, as provided in sections 6103.02 to 6103.30, inclusive, of 1,955
the Revised Code, the necessary resolutions, waivers, and
notices, provided for in such sections, may be passed, made, and 1,956
given at the same time, or may be included in any similar 1,957
resolution, waiver, or notice passed, made, or given for the 1,958
construction, maintenance, and operation of any sewer or sewage 1,959
disposal works in the same district.
Sec. 6103.29. No person OR PUBLIC AGENCY shall tamper with 1,968
or damage any water supply FACILITY ACQUIRED or water main 1,970
constructed BY A COUNTY under sections 6103.02 to 6103.30,
inclusive, of the Revised Code, THIS CHAPTER or any apparatus or 1,972
accessory connected therewith WITH IT or pertaining thereto. No 1,974
person shall TO IT, OR make any connection INTO OR with such THE 1,975
water supply or water main FACILITY, without THE permission of 1,976
the board of county commissioners, or make any such connection in 1,978
a manner or for a use other than as prescribed by such THE board. 1,979
No person OR PUBLIC AGENCY shall refuse to permit the inspection 1,980
by the county sanitary engineer of any such connection or 1,983
willfully cause the pollution of any water supply. No person OR 1,984
PUBLIC AGENCY shall violate sections 6103.02 to 6103.30, 1,985
inclusive, of the Revised Code ANY OTHER PROVISION OF THIS 1,986
42
CHAPTER. All fines collected under section 6103.99 of the 1,987
Revised Code shall be paid to the county treasurer and credited 1,988
to such THE fund as THAT the board determines TO BE MOST 1,990
APPROPRIATE AFTER CONSIDERATION OF THE NATURE AND EXTENT OF THE 1,991
PARTICULAR VIOLATIONS.
Sec. 6103.31. (A) If THE BOARD OF COUNTY COMMISSIONERS 2,000
DETERMINES BY RESOLUTION THAT the best interests of the county 2,001
and the users of a public water supply FACILITIES of the county 2,003
SERVING A SEWER DISTRICT so require, the board of county 2,004
commissioners may sell or otherwise dispose of such public water 2,005
supply THE FACILITIES to another political subdivision, PUBLIC 2,007
AGENCY OR A person, firm, or private corporation. The resolution 2,008
declaring the necessity therefor OF THAT DISPOSITION shall recite 2,009
the reason REASONS for the sale or OTHER disposition and shall 2,011
include ESTABLISH any conditions or terms of sale which THAT the 2,012
board imposes MAY IMPOSE, including the proposed, BUT NOT LIMITED 2,013
TO, A MINIMUM sales price, IF A SALE IS PROPOSED, A REQUIREMENT 2,014
FOR THE SUBMISSION BY BIDDERS OF the schedule of water rates and 2,016
charges INITIALLY PROPOSED to be imposed upon PAID BY THE users 2,017
of the water supply FACILITIES, and such other pertinent 2,018
CONDITIONS OR terms and provisions relating to the sale or OTHER 2,020
disposition of the water supply as the board determines. THE 2,023
RESOLUTION ALSO SHALL DESIGNATE A TIME AND PLACE FOR THE HEARING 2,024
OF OBJECTIONS TO THE SALE OR OTHER DISPOSITION BY THE BOARD. 2,025
Notice of the passage ADOPTION of the resolution AND THE TIME AND 2,026
PLACE OF THE HEARING shall be published ONCE A WEEK for two 2,029
consecutive weeks, on the same day of the week, in a newspaper of 2,030
general circulation in the sewer district and IN THE county 2,032
served by the public water supply and a. THE public hearing ON 2,034
THE SALE OR OTHER DISPOSITION SHALL BE held thereon not less than 2,035
twenty-four days following the date of first publication of the 2,038
notice of passage of the resolution. Notice of the passage of 2,040
the resolution shall A COPY OF THE NOTICE also SHALL be mailed 2,041
SENT BY FIRST CLASS OR CERTIFIED MAIL, ON OR BEFORE THE DATE OF 2,042
43
THE SECOND PUBLICATION, to any municipality PUBLIC AGENCY within 2,044
the water supply service area of the sewer district SERVED BY THE 2,045
FACILITIES. Five AT THE PUBLIC HEARING, OR AT ANY ADJOURNMENT OF 2,046
IT, OF WHICH NO FURTHER PUBLISHED OR MAILED NOTICE NEED BE GIVEN, 2,047
THE BOARD SHALL HEAR ALL INTERESTED PARTIES. A PERIOD OF FIVE
days shall be given following the date COMPLETION of THE hearing, 2,050
which may be adjourned from time to time, for the filing of 2,052
written objections by any interested person PERSONS OR PUBLIC 2,053
AGENCIES to the sale or OTHER disposition of the public water 2,054
supply, after which the board shall consider such ANY objections 2,056
and by resolution determine whether or not to proceed with the 2,057
sale or OTHER disposition of the public water supply. In the 2,058
event IF the board determines to proceed with the sale or OTHER 2,060
disposition of the public water supply, any interested person 2,062
whose objection has been overruled may appeal to the probate 2,063
court of the county in the manner prescribed by sections 6117.09
to 6117.22, inclusive, of the Revised Code. An appeal may be 2,064
taken with regard to any matter required by this section to be 2,066
incorporated in the resolution of necessity. The board of county 2,067
commissioners, in proceeding with the sale or disposition of the 2,068
water supply, IT shall receive bids and proceed in accordance 2,069
with section 6103.10 of the Revised Code for bidding, AFTER 2,070
advertising, and sale ONCE A WEEK FOR FOUR CONSECUTIVE WEEKS IN A 2,071
NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY AND, SUBJECT TO 2,072
THE RIGHT OF THE BOARD TO REJECT ANY OR ALL BIDS, MAY MAKE AN 2,073
AWARD TO A RESPONSIBLE BIDDER WHOSE PROPOSAL IS DETERMINED BY THE 2,074
BOARD TO BE IN THE BEST INTERESTS OF THE COUNTY AND THE USERS OF 2,075
THE FACILITIES.
(B) A CONVEYANCE OF WATER SUPPLY FACILITIES BY A COUNTY TO 2,077
A MUNICIPAL CORPORATION, IN ACCORDANCE WITH DIVISION (B) OF 2,078
SECTION 6103.04 OF THE REVISED CODE, MAY BE MADE WITHOUT REGARD 2,079
TO DIVISION (A) OF THIS SECTION. 2,080
Sec. 6117.01. (A) AS USED IN THIS CHAPTER: 2,089
(1) "SANITARY FACILITIES" MEANS SANITARY SEWERS, FORCE 2,091
44
MAINS, LIFT OR PUMPING STATIONS, AND FACILITIES FOR THE 2,092
TREATMENT, DISPOSAL, IMPOUNDMENT, OR STORAGE OF WASTES; EQUIPMENT 2,093
AND FURNISHINGS; AND ALL REQUIRED APPURTENANCES AND NECESSARY 2,094
REAL ESTATE AND INTERESTS IN REAL ESTATE.
(2) "DRAINAGE" OR "WATERS" MEANS FLOWS FROM RAINFALL OR 2,096
OTHERWISE PRODUCED BY, OR RESULTING FROM, THE ELEMENTS, STORM 2,097
WATER DISCHARGES AND RELEASES OR MIGRATIONS OF WATERS FROM 2,098
PROPERTIES, ACCUMULATIONS, FLOWS, AND OVERFLOWS OF WATER, 2,099
INCLUDING ACCELERATED FLOWS AND RUNOFFS, FLOODING AND THREATS OF
FLOODING OF PROPERTIES AND STRUCTURES, AND OTHER SURFACE AND 2,100
SUBSURFACE DRAINAGE. 2,101
(3) "DRAINAGE FACILITIES" MEANS STORM SEWERS, FORCE MAINS, 2,103
PUMPING STATIONS, AND FACILITIES FOR THE TREATMENT, DISPOSAL, 2,104
IMPOUNDMENT, RETENTION, CONTROL, OR STORAGE OF WATERS; 2,105
IMPROVEMENTS OF OR FOR ANY CHANNEL, DITCH, DRAIN, FLOODWAY, OR 2,106
WATERCOURSE, INCLUDING LOCATION, CONSTRUCTION, RECONSTRUCTION, 2,107
RECONDITIONING, WIDENING, DEEPENING, CLEANING, REMOVAL OF
OBSTRUCTIONS, STRAIGHTENING, BOXING, CULVERTING, TILING, FILLING, 2,108
WALLING, ARCHING, OR CHANGE IN COURSE, LOCATION, OR TERMINUS; 2,109
IMPROVEMENTS OF OR FOR A RIVER, CREEK, OR RUN, INCLUDING 2,110
REINFORCEMENT OF BANKS, ENCLOSING, DEEPENING, WIDENING, 2,111
STRAIGHTENING, REMOVAL OF OBSTRUCTIONS, OR CHANGE IN COURSE, 2,112
LOCATION, OR TERMINUS; FACILITIES FOR THE PROTECTION OF LANDS 2,113
FROM THE OVERFLOW OF WATER, INCLUDING A LEVEE, WALL, EMBANKMENT,
JETTY, DIKE, DAM, SLUICE, REVETMENT, RESERVOIR, RETENTION OR 2,114
HOLDING BASIN, CONTROL GATE, OR BREAKWATER; FACILITIES FOR 2,115
CONTROLLED DRAINAGE, REGULATION OF STREAM FLOW, AND PROTECTION OF 2,116
AN OUTLET; THE VACATION OF A DITCH OR DRAIN; EQUIPMENT AND 2,117
FURNISHINGS; AND ALL REQUIRED APPURTENANCES AND NECESSARY REAL
ESTATE AND INTERESTS IN REAL ESTATE. 2,118
(4) "COUNTY SANITARY ENGINEER" MEANS EITHER OF THE 2,121
FOLLOWING: 2,122
(a) THE REGISTERED PROFESSIONAL ENGINEER EMPLOYED OR 2,124
APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS TO BE THE COUNTY 2,125
45
SANITARY ENGINEER AS PROVIDED IN SECTION 6117.01 OF THE REVISED 2,126
CODE;
(b) THE COUNTY ENGINEER, IF, FOR AS LONG AS AND TO THE 2,128
EXTENT THAT ENGINEER BY AGREEMENT ENTERED INTO UNDER SECTION 2,130
315.14 OF THE REVISED CODE IS RETAINED TO DISCHARGE DUTIES OF A 2,132
COUNTY SANITARY ENGINEER UNDER THIS CHAPTER. 2,133
(5) "CURRENT OPERATING EXPENSES," "DEBT CHARGES," 2,135
"PERMANENT IMPROVEMENT," "PUBLIC OBLIGATIONS," AND "SUBDIVISION" 2,136
HAVE THE SAME MEANINGS AS IN SECTION 133.01 OF THE REVISED CODE. 2,137
(6) "CONSTRUCT," "CONSTRUCTION," OR "CONSTRUCTING" MEANS 2,139
CONSTRUCTION, RECONSTRUCTION, ENLARGEMENT, EXTENSION, 2,140
IMPROVEMENT, RENOVATION, REPAIR, AND REPLACEMENT OF SANITARY OR 2,141
DRAINAGE FACILITIES, BUT DOES NOT INCLUDE ANY REPAIRS, 2,142
REPLACEMENTS, OR SIMILAR ACTIONS THAT DO NOT CONSTITUTE AND
QUALIFY AS PERMANENT IMPROVEMENTS. 2,143
(7) "MAINTAIN," "MAINTAINING," OR "MAINTENANCE" MEANS 2,145
REPAIRS, REPLACEMENTS, AND SIMILAR ACTIONS THAT CONSTITUTE AND 2,146
ARE PAYABLE AS CURRENT OPERATING EXPENSES AND THAT ARE REQUIRED 2,147
TO RESTORE SANITARY OR DRAINAGE FACILITIES TO, OR TO CONTINUE 2,148
SANITARY OR DRAINAGE FACILITIES IN, GOOD ORDER AND WORKING 2,149
CONDITION, BUT DOES NOT INCLUDE CONSTRUCTION OF PERMANENT
IMPROVEMENTS. 2,150
(8) "PUBLIC AGENCY" MEANS A STATE AND ANY AGENCY OR 2,152
SUBDIVISION OF A STATE, INCLUDING A COUNTY, A MUNICIPAL 2,153
CORPORATION, OR OTHER SUBDIVISION.
(B) For the purpose of preserving and promoting the public 2,156
health and welfare, boards A BOARD of county commissioners may by 2,158
resolution lay out, establish, CONSOLIDATE, OR OTHERWISE MODIFY
THE BOUNDARIES OF, and maintain, one or more sewer districts 2,160
within their respective counties, THE COUNTY AND outside of 2,161
municipal corporations, and may have a registered professional 2,162
engineer make such THE surveys as are necessary for the 2,163
determination of the proper boundaries of such EACH district. 2,165
Each district, WHICH shall be designated by an appropriate name 2,167
46
or number. Any THE board may acquire, construct, maintain, and 2,168
operate such main, branch, intercepting, or local sewer, or 2,169
ditch, channel, or interceptor for the temporary retention of 2,170
storm water, within any such district, and such outlet sewer and 2,171
sewage treatment or disposal works within or without such 2,172
district, as are necessary to care for and conduct the sewage or 2,173
surface water from any part of such district to a proper outlet, 2,174
so as to properly treat or dispose of same. Any such SANITARY OR 2,176
DRAINAGE FACILITIES THAT IT DETERMINES TO BE NECESSARY OR
APPROPRIATE FOR THE COLLECTION OF SEWAGE AND OTHER WASTES 2,177
ORIGINATING IN OR ENTERING THE DISTRICT, TO COMPLY WITH THE 2,178
PROVISIONS OF A CONTRACT ENTERED INTO FOR THE PURPOSES DESCRIBED 2,180
IN SECTIONS 6117.41 TO 6117.44 OF THE REVISED CODE AND PURSUANT
TO THOSE SECTIONS OR OTHER APPLICABLE PROVISIONS OF LAW, OR FOR 2,181
THE COLLECTION, CONTROL, OR ABATEMENT OF WATERS ORIGINATING OR 2,182
ACCUMULATING IN, OR FLOWING IN, INTO, OR THROUGH, THE DISTRICT, 2,183
AND OTHER SANITARY OR DRAINAGE FACILITIES, WITHIN OR OUTSIDE OF 2,184
THE DISTRICT, THAT IT DETERMINES TO BE NECESSARY OR APPROPRIATE 2,185
TO CONDUCT THE WASTES AND WATERS TO A PROPER OUTLET AND TO
PROVIDE FOR THEIR PROPER TREATMENT, DISPOSAL, AND DISPOSITION. 2,186
THE BOARD MAY PROVIDE FOR THE PROTECTION OF THE SANITARY AND 2,187
DRAINAGE FACILITIES AND MAY NEGOTIATE AND ENTER INTO A CONTRACT 2,188
WITH ANY PUBLIC AGENCY OR PERSON FOR THE MANAGEMENT, MAINTENANCE, 2,189
OPERATION, AND REPAIR OF ANY OF THE FACILITIES ON BEHALF OF THE
COUNTY UPON THE TERMS AND CONDITIONS THAT MAY BE AGREED UPON WITH 2,190
THE AGENCY OR PERSON AND THAT MAY BE DETERMINED BY THE BOARD TO 2,192
BE IN THE BEST INTERESTS OF THE COUNTY. BY CONTRACT WITH ANY 2,193
PUBLIC AGENCY OR PERSON OPERATING SANITARY OR DRAINAGE FACILITIES 2,195
WITHIN OR OUTSIDE OF THE COUNTY, THE BOARD MAY PROVIDE A PROPER 2,196
OUTLET FOR ANY OF THE WASTES AND WATERS AND FOR THEIR PROPER 2,197
TREATMENT, DISPOSAL, AND DISPOSITION. 2,198
(C) THE board OF COUNTY COMMISSIONERS may employ a 2,201
registered professional engineer TO BE THE COUNTY SANITARY 2,202
ENGINEER for such THE time and on such THE terms as it deems 2,204
47
CONSIDERS best, and may authorize such registered professional 2,205
THE COUNTY SANITARY engineer to employ necessary assistants upon 2,208
such THE terms as are fixed by said THE board. The PRIOR TO THE 2,210
INITIAL ASSIGNMENT OF DRAINAGE FACILITIES DUTIES TO THE COUNTY 2,211
SANITARY ENGINEER, IF THE COUNTY SANITARY ENGINEER IS NOT THE
COUNTY ENGINEER, THE BOARD FIRST SHALL OFFER TO ENTER INTO AN 2,212
AGREEMENT WITH THE COUNTY ENGINEER PURSUANT TO SECTION 315.14 OF 2,213
THE REVISED CODE FOR ASSISTANCE IN THE PERFORMANCE OF THOSE 2,214
DUTIES OF THE BOARD PERTAINING TO DRAINAGE FACILITIES, AND THE 2,216
COUNTY ENGINEER SHALL ACCEPT OR REJECT THE OFFER WITHIN THIRTY 2,217
DAYS AFTER THE DATE THE OFFER IS MADE. 2,218
THE board may create and maintain a sanitary engineering 2,220
department, to WHICH SHALL be under its supervision and in charge 2,222
of a registered professional WHICH SHALL BE HEADED BY THE COUNTY 2,223
SANITARY engineer, to be appointed by such board, for the purpose 2,225
of aiding it in the performance of its duties under sections 2,226
6117.01 to 6117.45 THIS CHAPTER AND CHAPTER 6103. of the Revised 2,227
Code, or its other duties regarding sanitation, DRAINAGE, AND 2,228
WATER SUPPLY provided by law. Said THE board shall provide 2,230
suitable rooms FACILITIES for the use of such THE department and 2,232
shall provide for and pay the compensation of such registered 2,234
professional THE COUNTY SANITARY engineer and all AUTHORIZED 2,235
necessary expenses of such registered professional THE COUNTY 2,237
SANITARY engineer and THE SANITARY ENGINEERING department which 2,238
are authorized by such board. Any such registered professional 2,240
THE COUNTY SANITARY engineer in charge of such department, with 2,241
the approval of the board, may appoint necessary assistants and 2,243
clerks, and the compensation of any such THOSE assistants and 2,244
clerks shall be fixed PROVIDED FOR and paid by such THE board. 2,246
The
(D) THE board OF COUNTY COMMISSIONERS may adopt, publish, 2,249
administer, and enforce rules for the construction, maintenance, 2,250
protection, and use of sewers COUNTY-OWNED OR COUNTY-OPERATED 2,251
SANITARY and sewer improvements in its county DRAINAGE FACILITIES 2,252
48
outside of municipal corporations, and of sewers SANITARY and 2,254
sewer improvements DRAINAGE FACILITIES within municipal 2,256
corporations in its county wherever such sewers THAT are 2,258
constructed OWNED or operated by such board THE COUNTY or THAT 2,259
discharge into sewers or sewage treatment plants constructed 2,260
SANITARY OR DRAINAGE FACILITIES OWNED or operated by such board 2,262
THE COUNTY, including, BUT NOT LIMITED TO, RULES FOR the 2,263
establishment and use of ANY connections, THE TERMINATION IN 2,264
ACCORDANCE WITH REASONABLE PROCEDURES OF SANITARY SERVICE FOR THE 2,265
NONPAYMENT OF COUNTY SANITARY RATES AND CHARGES AND, IF SO
DETERMINED, THE CONCURRENT TERMINATION OF ANY COUNTY WATER 2,266
SERVICE FOR THE NONPAYMENT OF THOSE RATES AND CHARGES, THE 2,267
TERMINATION IN ACCORDANCE WITH REASONABLE PROCEDURES OF DRAINAGE 2,268
SERVICE FOR THE NONPAYMENT OF COUNTY DRAINAGE RATES AND CHARGES, 2,269
AND THE ESTABLISHMENT AND USE OF SECURITY DEPOSITS TO THE EXTENT
CONSIDERED NECESSARY TO ENSURE THE PAYMENT OF COUNTY SANITARY OR 2,270
DRAINAGE RATES AND CHARGES. Such THE rules shall not be 2,273
inconsistent with the laws of this state or the ANY APPLICABLE 2,274
rules of the director of environmental protection. No sewers or 2,276
sewage treatment works
(E) NO SANITARY OR DRAINAGE FACILITIES shall be 2,278
constructed in any county outside of municipal corporations by 2,280
any person, firm, or corporation until the plans and 2,281
specifications for the same have been approved by the board OF 2,282
COUNTY COMMISSIONERS, and any such construction shall be done 2,284
under the supervision of the county sanitary engineer. NOT LESS
THAN THIRTY DAYS BEFORE THE DATE DRAINAGE PLANS ARE SUBMITTED TO 2,286
THE BOARD FOR ITS APPROVAL, THE PLANS SHALL BE SUBMITTED TO THE 2,287
COUNTY ENGINEER. IF THE COUNTY ENGINEER IS OF THE OPINION AFTER 2,288
REVIEW THAT THE FACILITIES WILL HAVE A SIGNIFICANT ADVERSE EFFECT
ON ROADS, CULVERTS, BRIDGES, OR EXISTING MAINTENANCE WITHIN THE 2,289
COUNTY, THE COUNTY ENGINEER MAY SUBMIT A WRITTEN OPINION TO THE 2,290
BOARD NOT LATER THAN THIRTY DAYS AFTER THE DATE THE PLANS ARE 2,291
SUBMITTED TO THE COUNTY ENGINEER. THE BOARD MAY TAKE ACTION 2,292
49
RELATIVE TO THE DRAINAGE PLANS ONLY AFTER THE EARLIEST OF 2,293
RECEIVING THE WRITTEN OPINION OF THE COUNTY ENGINEER, RECEIVING A 2,294
WRITTEN WAIVER OF SUBMISSION OF AN OPINION FROM THE COUNTY 2,295
ENGINEER, OR PASSAGE OF THIRTY DAYS FROM THE DATE THE PLANS ARE 2,296
SUBMITTED TO THE COUNTY ENGINEER. Any person, firm, or 2,298
corporation proposing or constructing such improvements THE 2,299
FACILITIES shall pay to the county all expenses incurred by the 2,300
board in connection therewith WITH THE CONSTRUCTION. The 2,301
(F) THE county sanitary engineer OR THE COUNTY SANITARY 2,303
ENGINEER'S AUTHORIZED ASSISTANTS OR AGENTS, WHEN PROPERLY 2,304
IDENTIFIED IN WRITING OR OTHERWISE AND AFTER WRITTEN NOTICE IS 2,305
DELIVERED TO THE OWNER AT LEAST FIVE DAYS IN ADVANCE OR IS MAILED 2,306
AT LEAST FIVE DAYS IN ADVANCE BY FIRST CLASS OR CERTIFIED MAIL TO 2,307
THE OWNER'S TAX MAILING ADDRESS, may enter upon any public or 2,308
private property for the purpose of making, AND MAY MAKE, surveys 2,309
or examinations INSPECTIONS necessary for the laying out of sewer 2,311
districts or designing sewers or treatment works, and may make 2,312
such surveys and examinations THE DESIGN OR EVALUATION OF COUNTY
SANITARY OR DRAINAGE FACILITIES. THIS ENTRY IS NOT A TRESPASS 2,313
AND IS NOT TO BE CONSIDERED AN ENTRY IN CONNECTION WITH ANY 2,314
APPROPRIATION OF PROPERTY PROCEEDINGS UNDER SECTIONS 163.01 TO 2,315
163.22 OF THE REVISED CODE THAT MAY BE PENDING. No person, firm, 2,316
or corporation PUBLIC AGENCY shall forbid or interfere with the 2,318
county sanitary engineer or his THE COUNTY SANITARY ENGINEER'S 2,319
authorized assistants entering OR AGENTS TO ENTER, OR INTERFERE 2,321
WITH THEIR ENTRY, upon such THE property for such THAT purpose or 2,323
FORBID OR INTERFERE WITH THEIR making such OF surveys or 2,324
examinations INSPECTIONS. If actual damage is done to property 2,325
by the making of such THE surveys and examinations INSPECTIONS, 2,327
the board shall pay the reasonable value of such THE damage to 2,329
the PROPERTY owner of the property damaged, and such THE cost 2,330
shall be included in the assessment upon the property benefited 2,331
by the improvement for which such surveys and examinations are 2,332
made COST OF THE FACILITIES AND MAY BE INCLUDED IN ANY SPECIAL 2,333
50
ASSESSMENTS TO BE LEVIED AND COLLECTED TO PAY THAT COST. 2,335
Sec. 6117.011. Boards A BOARD of county commissioners IN 2,344
THE MANNER PROVIDED IN THIS SECTION may make surveys of water 2,346
works or sewerage systems SUPPLY, SANITARY, OR DRAINAGE
FACILITIES for any sewer district, the ACQUISITION OR 2,347
construction, improvement, enlargement, or repair of which is 2,348
contemplated, and they may proceed in the manner provided in this 2,350
section.
Any board desiring to make such a survey shall adopt a 2,352
resolution declaring the ITS purpose and necessity therefor. In 2,354
making such THE surveys, such THE board may call upon engineering 2,356
officers or employees regularly employed by the board, or may 2,357
authorize and enter into contracts for the services of registered 2,359
professional engineers to make such THE surveys.
The surveys authorized by this section may include 2,361
drawings, plans, specifications, estimates of cost of labor and 2,362
materials, and other items of cost, assessment rolls, and such 2,363
other facts, material, data, reports, and other information and 2,365
recommendations as THAT the board deems CONSIDERS advisable or 2,367
necessary for the planning and construction of the improvement 2,368
proposed or the enlargement, improvement, replacement, or repair 2,369
of an existing improvement PURPOSE. 2,370
Agreements CONTRACTS entered into for such THE surveys 2,373
shall be deemed CONSIDERED contracts for professional services 2,374
and may provide for preliminary surveys or the making of detailed 2,375
plans, or both, and may also MAY provide for engineer- 2,376
ENGINEERING supervision of the work. No such contract shall be 2,378
valid unless one or more of the services to be performed 2,379
thereunder are by its terms to be commenced within one year after 2,380
the contract date.
Such THE contracts shall be executed in triplicate and 2,382
shall be signed by AT LEAST TWO MEMBERS OF the board and by the 2,384
engineer agreeing to perform such THE service, and one SIGNED 2,386
copy thereof OF THE CONTRACT shall be filed with the fiscal 2,387
51
officer of the county, whose certificate as provided in, 2,388
OTHERWISE REQUIRED BY section 5705.41 of the Revised Code shall, 2,390
NEED not be required PROVIDED. Payment therefor FOR THE 2,392
CONTRACTS may be made from the general fund or any other fund 2,393
legally available for such THAT use at such THE times as THAT are 2,395
agreed upon or as determined by the board, and, where bonds or 2,396
notes are sold. THE PROCEEDS OF ANY PUBLIC OBLIGATIONS ISSUED 2,397
PURSUANT TO SECTION 6119.36 OF THE REVISED CODE OR ANY OTHER 2,398
PUBLIC OBLIGATIONS ISSUED OR INCURRED to pay the cost of work 2,399
FACILITIES to which such A survey related, such funds RELATES may 2,401
be used to pay any part of the consideration COST under such 2,403
contract THE CONTRACTS or to reimburse the fund from which
payment was made. 2,405
Sec. 6117.02. (A) The board of county commissioners shall 2,414
fix reasonable rates to be charged, INCLUDING PENALTIES FOR LATE 2,416
PAYMENTS, for the use, OR THE AVAILABILITY FOR USE, of the sewers 2,417
or sewerage treatment or disposal works referred to in section 2,418
6117.01 of the Revised Code SANITARY FACILITIES OF A SEWER 2,419
DISTRICT TO BE PAID by every person, firm, or corporation AND 2,420
PUBLIC AGENCY whose premises are served, OR CAPABLE OF BEING 2,422
SERVED, by a connection DIRECTLY OR INDIRECTLY to such sewers or 2,424
sewerage treatment or disposal works THOSE FACILITIES when such 2,425
sewers or sewerage treatment or disposal works THOSE FACILITIES 2,427
are owned or operated by the county, and may change such THE 2,429
rates FROM TIME TO TIME as it deems CONSIDERS advisable. Such 2,430
rates shall be at least sufficient to pay all the cost of 2,431
operation and maintenance of improvements for which the 2,432
resolution declaring the necessity thereof shall be passed after 2,433
July 1, 1958 and may include, upon billing, additional amounts 2,434
attributable to connection charges being paid in installments. 2,435
When the sewerage treatment or disposal works is SANITARY 2,436
FACILITIES TO BE USED BY THE COUNTY ARE owned by a municipal 2,437
corporation ANOTHER PUBLIC AGENCY or any person, firm, or private 2,439
corporation the schedule of rates to be charged by such municipal 2,441
52
corporation, THE PUBLIC AGENCY OR person, firm, or private 2,443
corporation for the use of such THE facilities BY THE COUNTY, OR 2,444
THE FORMULA OR OTHER PROCEDURE FOR THEIR DETERMINATION, shall be 2,445
ratified APPROVED by the board at the time any IT ENTERS INTO A 2,447
contract is entered into for such THAT use. The 2,448
(B) THE board shall also SHALL establish reasonable 2,451
charges to be collected for the privilege of connecting to the 2,452
sewers or sewerage treatment of disposal works SANITARY 2,453
FACILITIES of the district, with the requirement that, prior to 2,456
such THE connection, such THE charges shall either be paid in 2,458
full, or, if determined BY THE BOARD to be equitable by the board 2,460
in its A resolution providing for RELATING TO the payment of such 2,461
THE charges, provision deemed CONSIDERED adequate by the board 2,462
shall be made for THEIR payment in installments at such THE times 2,464
and, in such THE amounts, and with such THE security, carrying 2,467
charges, or AND penalties as may be found by the board in such 2,469
THAT resolution to be fair and appropriate, and no. NO PUBLIC 2,471
AGENCY OR person shall be permitted to connect to the sewers or 2,472
sewerage treatment or disposal works of the district THOSE 2,473
FACILITIES until such THE charges have been paid in full, or 2,475
until such provision for THEIR payment in installments has been 2,477
made. If THE connection charges are to be paid in installments, 2,478
the board shall certify to the county auditor information 2,479
sufficient to identify each parcel of property served by the A 2,480
connection AND, WITH RESPECT TO EACH PARCEL, the total of the 2,481
charges to be paid in installments, the amount of each 2,482
installment, and the total number of installments to be paid. 2,483
The auditor shall record AND MAINTAIN the information supplied in 2,484
the sewer improvement record PROVIDED FOR IN SECTION 6117.33 OF 2,485
THE REVISED CODE until the connection charges are paid in full. 2,487
When THE BOARD MAY INCLUDE AMOUNTS ATTRIBUTABLE TO CONNECTION 2,488
CHARGES BEING PAID IN INSTALLMENTS IN ITS BILLINGS OF RATES AND 2,489
CHARGES FOR THE USE OF SANITARY FACILITIES.
(C) WHEN any rents OF THE SANITARY RATES or charges are 2,492
53
not paid when due, the board shall certify the same MAY DO ANY OR 2,493
ALL OF THE FOLLOWING AS IT CONSIDERS APPROPRIATE:
(1) CERTIFY THE UNPAID RATES OR CHARGES, together with any 2,496
penalties, to the county auditor, who shall place them upon the 2,497
real property tax list and duplicate against the property served 2,498
by such THE connection. Such rents and charges THE CERTIFIED 2,499
AMOUNT shall be a lien on such THE property from the date the 2,500
same are placed upon ON the real property tax list and duplicate 2,502
by the auditor and shall be collected in the same manner as other 2,504
taxes, EXCEPT THAT, NOTWITHSTANDING SECTION 323.15 OF THE REVISED 2,506
CODE, A COUNTY TREASURER SHALL ACCEPT A PAYMENT IN THAT AMOUNT 2,507
WHEN SEPARATELY TENDERED AS PAYMENT FOR THE FULL AMOUNT OF THE
UNPAID SANITARY RATES OR CHARGES AND ASSOCIATED PENALTIES. THE 2,508
LIEN SHALL BE RELEASED IMMEDIATELY UPON PAYMENT IN FULL OF THE 2,509
CERTIFIED AMOUNT.
(2) COLLECT THE UNPAID RATES OR CHARGES, TOGETHER WITH ANY 2,511
PENALTIES, BY ACTIONS AT LAW IN THE NAME OF THE COUNTY FROM AN 2,512
OWNER, TENANT, OR OTHER PERSON OR PUBLIC AGENCY THAT IS LIABLE 2,513
FOR THE PAYMENT OF THE RATES OR CHARGES; 2,514
(3) TERMINATE, IN ACCORDANCE WITH ESTABLISHED RULES, THE 2,516
SANITARY SERVICE TO THE PARTICULAR PROPERTY AND, IF SO 2,517
DETERMINED, ANY COUNTY WATER SERVICE TO THAT PROPERTY, UNLESS AND 2,518
UNTIL THE UNPAID SANITARY RATES OR CHARGES, TOGETHER WITH ANY 2,519
PENALTIES, ARE PAID IN FULL;
(4) APPLY, TO THE EXTENT REQUIRED, ANY SECURITY DEPOSIT 2,521
MADE IN ACCORDANCE WITH ESTABLISHED RULES TO THE PAYMENT OF 2,522
SANITARY RATES AND CHARGES FOR SERVICE TO THE PARTICULAR 2,523
PROPERTY. All
ALL moneys collected as rents for use of such sewers or 2,526
sewerage treatment or disposal works or as connection SANITARY 2,527
RATES, charges in, OR PENALTIES FIXED OR ESTABLISHED IN 2,528
ACCORDANCE WITH DIVISIONS (A) AND (B) OF THIS SECTION FOR any 2,529
sewer district shall be paid to the county treasurer and kept in 2,530
a separate and distinct SANITARY fund ESTABLISHED BY THE BOARD to 2,531
54
the credit of such THE district. Except as otherwise provided in 2,534
any resolution PROCEEDINGS authorizing or providing for the 2,536
security FOR and payment of any bonds outstanding on July 1, 2,537
1958, or thereafter issued PUBLIC OBLIGATIONS, or in any
indenture or trust OR OTHER agreement securing such bonds PUBLIC 2,539
OBLIGATIONS, such MONEYS IN THE SANITARY fund shall be used 2,541
APPLIED first for TO the payment of the cost of the management, 2,542
maintenance, and operation of the sewers of the district and 2,544
sewerage treatment or disposal works SANITARY FACILITIES OF, OR 2,545
used by OR OPERATED FOR, the district, which cost may include THE 2,548
COUNTY'S SHARE OF MANAGEMENT, MAINTENANCE, AND OPERATION COSTS
UNDER COOPERATIVE CONTRACTS FOR THE ACQUISITION, CONSTRUCTION, OR 2,549
USE OF SANITARY FACILITIES AND, in accordance with a cost 2,550
allocation plan adopted under division (B)(E) of this section, 2,552
payment of all allowable direct and indirect costs of the 2,554
district, the COUNTY sanitary engineer or sanitary engineering 2,556
department, or a federal or state grant program, incurred for the 2,557
SANITARY purposes of UNDER this chapter;, and shall be used 2,558
APPLIED second for TO the payment of interest or principal of 2,559
DEBT CHARGES PAYABLE ON any outstanding debt PUBLIC OBLIGATIONS 2,561
ISSUED OR incurred for the ACQUISITION OR construction of such 2,562
sewers or sewerage treatment or disposal works SANITARY 2,563
FACILITIES FOR OR SERVING THE DISTRICT, or for the creation 2,564
FUNDING of a sinking BOND RETIREMENT OR OTHER fund ESTABLISHED 2,565
for the payment of such debt OR SECURITY FOR THE OBLIGATIONS. 2,566
Any surplus thereafter remaining in such fund may be used for 2,568
APPLIED TO the enlargement, extension or replacement ACQUISITION 2,570
OR CONSTRUCTION of such sewers and sewerage treatment or disposal 2,572
works THOSE FACILITIES OR FOR THE PAYMENT OF CONTRIBUTIONS TO BE 2,573
MADE, OR COSTS INCURRED, FOR THE ACQUISITION OR CONSTRUCTION OF 2,574
THOSE FACILITIES UNDER COOPERATIVE CONTRACTS. Money so collected 2,575
MONEYS IN THE SANITARY FUND shall not be expended otherwise OTHER 2,576
than for the use and benefit of such THE district. No provision 2,578
of this section shall limit or restrict the power and discretion 2,579
55
of the board to determine how much of the cost of such 2,580
improvements shall be borne by the county at large and how much 2,581
shall be specially assessed upon benefited properties, nor the 2,582
power to issue notes and bonds for the share to be borne by the 2,583
county and in anticipation of the levy or collection of special 2,584
assessments for the share to be specially assessed, nor the power 2,585
of the board to levy special assessments upon benefited
properties for operation and maintenance whenever the rents and 2,586
other funds available are not sufficient to pay all the cost 2,587
thereof. 2,588
(B)(D) THE BOARD MAY FIX REASONABLE RATES AND CHARGES, 2,590
INCLUDING CONNECTION CHARGES AND PENALTIES FOR LATE PAYMENTS, TO 2,591
BE PAID BY ANY PERSON OR PUBLIC AGENCY OWNING OR HAVING 2,592
POSSESSION OR CONTROL OF ANY PROPERTIES THAT ARE CONNECTED WITH, 2,593
CAPABLE OF BEING SERVED BY, OR OTHERWISE SERVED DIRECTLY OR 2,594
INDIRECTLY BY, DRAINAGE FACILITIES OWNED OR OPERATED BY OR UNDER 2,595
THE JURISDICTION OF THE COUNTY, INCLUDING, BUT NOT LIMITED TO, 2,596
PROPERTIES REQUIRING, OR LYING WITHIN AN AREA OF THE DISTRICT 2,597
REQUIRING, IN THE JUDGMENT OF THE BOARD, THE COLLECTION, CONTROL, 2,599
OR ABATEMENT OF WATERS ORIGINATING OR ACCUMULATING IN, OR FLOWING
IN, INTO, OR THROUGH, THE DISTRICT, AND MAY CHANGE THOSE RATES 2,600
AND CHARGES FROM TIME TO TIME AS IT CONSIDERS ADVISABLE. THE 2,601
RATES AND CHARGES SHALL BE PAYABLE PERIODICALLY AS DETERMINED BY 2,602
THE BOARD, EXCEPT THAT ANY CONNECTION CHARGES SHALL BE PAID IN 2,603
FULL IN ONE PAYMENT, OR, IF DETERMINED BY THE BOARD TO BE 2,604
EQUITABLE IN A RESOLUTION RELATING TO THE PAYMENT OF THOSE
CHARGES, PROVISION CONSIDERED ADEQUATE BY THE BOARD SHALL BE MADE 2,605
FOR THEIR PAYMENT IN INSTALLMENTS AT THE TIMES, IN THE AMOUNTS, 2,606
AND WITH THE SECURITY, CARRYING CHARGES, AND PENALTIES AS MAY BE 2,607
FOUND BY THE BOARD IN THAT RESOLUTION TO BE FAIR AND APPROPRIATE. 2,608
THE BOARD MAY INCLUDE AMOUNTS ATTRIBUTABLE TO CONNECTION CHARGES 2,609
BEING PAID IN INSTALLMENTS IN ITS BILLINGS OF RATES AND CHARGES 2,610
FOR THE SERVICES PROVIDED BY THE DRAINAGE FACILITIES.
WHEN ANY OF THE DRAINAGE RATES OR CHARGES ARE NOT PAID WHEN 2,612
56
DUE, THE BOARD MAY DO ANY OR ALL OF THE FOLLOWING AS IT CONSIDERS 2,613
APPROPRIATE:
(1) CERTIFY THE UNPAID RATES OR CHARGES, TOGETHER WITH ANY 2,615
PENALTIES, TO THE COUNTY AUDITOR, WHO SHALL PLACE THEM UPON THE 2,616
REAL PROPERTY TAX LIST AND DUPLICATE AGAINST THE PROPERTY TO 2,617
WHICH THE RATES OR CHARGES APPLY. THE CERTIFIED AMOUNT SHALL BE 2,618
A LIEN ON THE PROPERTY FROM THE DATE PLACED ON THE REAL PROPERTY 2,619
TAX LIST AND DUPLICATE AND SHALL BE COLLECTED IN THE SAME MANNER
AS TAXES, EXCEPT THAT NOTWITHSTANDING SECTION 323.15 OF THE 2,620
REVISED CODE, A COUNTY TREASURER SHALL ACCEPT A PAYMENT IN THAT 2,621
AMOUNT WHEN SEPARATELY TENDERED AS PAYMENT FOR THE FULL AMOUNT OF 2,622
THE UNPAID DRAINAGE RATES OR CHARGES AND ASSOCIATED PENALTIES. 2,623
THE LIEN SHALL BE RELEASED IMMEDIATELY UPON PAYMENT IN FULL OF 2,624
THE CERTIFIED AMOUNT.
(2) COLLECT THE UNPAID RATES OR CHARGES, TOGETHER WITH ANY 2,626
PENALTIES, BY ACTIONS AT LAW IN THE NAME OF THE COUNTY FROM AN 2,627
OWNER, TENANT, OR OTHER PERSON OR PUBLIC AGENCY THAT IS LIABLE 2,628
FOR THE PAYMENT OF THE RATES OR CHARGES; 2,629
(3) TERMINATE, IN ACCORDANCE WITH ESTABLISHED RULES, THE 2,631
DRAINAGE SERVICE FOR THE PARTICULAR PROPERTY UNTIL THE UNPAID 2,632
RATES OR CHARGES, TOGETHER WITH ANY PENALTIES, ARE PAID IN FULL; 2,633
(4) APPLY, TO THE EXTENT REQUIRED, ANY SECURITY DEPOSIT 2,635
MADE IN ACCORDANCE WITH ESTABLISHED RULES TO THE PAYMENT OF 2,636
DRAINAGE RATES AND CHARGES APPLICABLE TO THE PARTICULAR PROPERTY. 2,637
ALL MONEYS COLLECTED AS DRAINAGE RATES, CHARGES, OR 2,639
PENALTIES IN OR FOR ANY SEWER DISTRICT SHALL BE PAID TO THE 2,640
COUNTY TREASURER AND KEPT IN A SEPARATE AND DISTINCT DRAINAGE 2,641
FUND ESTABLISHED BY THE BOARD TO THE CREDIT OF THE DISTRICT. 2,642
EXCEPT AS OTHERWISE PROVIDED IN ANY PROCEEDINGS AUTHORIZING OR
PROVIDING FOR THE SECURITY FOR AND PAYMENT OF ANY PUBLIC 2,643
OBLIGATIONS, OR IN ANY INDENTURE OR TRUST OR OTHER AGREEMENT 2,644
SECURING PUBLIC OBLIGATIONS, MONEYS IN THE DRAINAGE FUND SHALL BE 2,645
APPLIED FIRST TO THE PAYMENT OF THE COST OF THE MANAGEMENT, 2,646
MAINTENANCE, AND OPERATION OF THE DRAINAGE FACILITIES OF, OR USED
57
OR OPERATED FOR, THE DISTRICT, WHICH COST MAY INCLUDE THE 2,647
COUNTY'S SHARE OF MANAGEMENT, MAINTENANCE, AND OPERATION COSTS 2,648
UNDER COOPERATIVE CONTRACTS FOR THE ACQUISITION, CONSTRUCTION, OR 2,649
USE OF DRAINAGE FACILITIES AND, IN ACCORDANCE WITH A COST 2,650
ALLOCATION PLAN ADOPTED UNDER DIVISION (E) OF THIS SECTION, 2,651
PAYMENT OF ALL ALLOWABLE DIRECT AND INDIRECT COSTS OF THE
DISTRICT, THE COUNTY SANITARY ENGINEER OR SANITARY ENGINEERING 2,652
DEPARTMENT, OR A FEDERAL OR STATE GRANT PROGRAM, INCURRED FOR 2,653
DRAINAGE PURPOSES UNDER THIS CHAPTER, AND SHALL BE APPLIED SECOND 2,654
TO THE PAYMENT OF DEBT CHARGES PAYABLE ON ANY OUTSTANDING PUBLIC 2,655
OBLIGATIONS ISSUED OR INCURRED FOR THE ACQUISITION OR
CONSTRUCTION OF DRAINAGE FACILITIES FOR OR SERVING THE DISTRICT, 2,656
OR FOR THE FUNDING OF A BOND RETIREMENT OR OTHER FUND ESTABLISHED 2,657
FOR THE PAYMENT OF OR SECURITY FOR THE OBLIGATIONS. ANY SURPLUS 2,658
REMAINING MAY BE APPLIED TO THE ACQUISITION OR CONSTRUCTION OF 2,659
THOSE FACILITIES OR FOR THE PAYMENT OF CONTRIBUTIONS TO BE MADE, 2,660
OR COSTS INCURRED, FOR THE ACQUISITION OR CONSTRUCTION OF THOSE 2,661
FACILITIES UNDER COOPERATIVE CONTRACTS. MONEYS IN THE DRAINAGE 2,662
FUND SHALL NOT BE EXPENDED OTHER THAN FOR THE USE AND BENEFIT OF
THE DISTRICT. 2,663
(E) A board of county commissioners may adopt a cost 2,665
allocation plan that identifies, accumulates, and distributes 2,666
allowable direct and indirect costs that may be paid from EACH OF 2,667
the fund FUNDS of the district created in division (A) PURSUANT 2,669
TO DIVISIONS (C) AND (D) of this section, and THAT prescribes 2,671
methods for allocating those costs. The plan shall authorize 2,672
payment from the fund for EACH OF THOSE FUNDS OF only those costs 2,673
incurred by the district, the COUNTY sanitary engineer or 2,674
sanitary engineering department, or a federal or state grant 2,675
program, and those costs incurred by the general and other funds 2,676
of the county for a common or joint purpose, that are necessary 2,677
and reasonable for the proper and efficient administration of the 2,678
district under this chapter AND PROPERLY ATTRIBUTABLE TO THE 2,679
PARTICULAR FUND OF THE DISTRICT. The plan shall not authorize 2,680
58
payment from EITHER OF the fund FUNDS of any general government 2,682
expense required to carry out the overall governmental 2,683
responsibilities of a county. The plan shall conform to United 2,684
States office of management and budget Circular A-87, "Cost 2,685
Principles for State and, Local, AND INDIAN TRIBAL Governments," 2,686
published January 15 MAY 17, 1983 1995. 2,688
Sec. 6117.04. The authority of the A board of county 2,697
commissioners to provide sewer improvements and to ACQUIRE, 2,698
CONSTRUCT, maintain, and operate the same within SANITARY OR 2,700
DRAINAGE FACILITIES FOR A COUNTY sewer districts which include a 2,702
part or all of DISTRICT IN the territory within one or more OF A 2,704
municipal corporations CORPORATION, OR A REGIONAL DISTRICT 2,705
ESTABLISHED UNDER CHAPTER 6119. OF THE REVISED CODE, THAT IS IN 2,706
WHOLE OR IN PART WITHIN THE COUNTY SEWER DISTRICT is the same as 2,708
provided by law WITH RESPECT TO TERRITORY within districts A 2,709
COUNTY SEWER DISTRICT THAT IS wholly outside of A municipal 2,712
corporations, including the levying of assessments. Such 2,713
authority shall be limited to main works only, and does not
include CORPORATION OR A REGIONAL DISTRICT, SUBJECT TO THE 2,714
FOLLOWING IN THE CASE OF FACILITIES WITHIN A MUNICIPAL 2,715
CORPORATION:
(A) THE ACQUISITION, construction and, maintenance, AND 2,718
OPERATION of lateral sewers for local service within such THE 2,720
FACILITIES SHALL FIRST BE AUTHORIZED BY AN ORDINANCE OR 2,721
RESOLUTION OF THE LEGISLATIVE AUTHORITY OF THE municipal
corporation. All 2,722
(B) ALL road surfaces, curbs, sidewalks, sewers, water 2,725
pipes SUPPLY FACILITIES, or other public IMPROVEMENTS OR property 2,726
THAT MAY BE disturbed or damaged by such THE construction OF THE 2,727
FACILITIES shall be REPLACED OR restored to their original 2,729
condition within a reasonable time by the board COUNTY, and the 2,731
cost thereof shall be TREATED AS a part of the cost of such 2,732
improvement. After such main works are constructed, such THE 2,733
FACILITIES. 2,734
59
(C) THE municipal corporation, WITH THE PRIOR APPROVAL OF 2,737
OR BY AGREEMENT WITH THE BOARD, may MAKE use OF the same as an 2,738
outlet for branch and local sewers constructed by it for the 2,740
service and use only of that part of the municipal corporation 2,741
which lies within the area assessed or to be assessed for the 2,742
cost of such main works, subject to such FACILITIES IN ACCORDANCE 2,743
WITH rules and regulations as are established by the board and 2,746
subject to all ANY APPLICABLE requirements of the director of 2,747
environmental protection. 2,748
At any time after a district is established comprising or 2,750
including a part or all of the territory within any municipal 2,751
corporation, its legislative authority may by ordinance or 2,752
resolution authorize the board to proceed with the construction 2,753
or the maintenance, repair, and operation of any sewer 2,754
improvement for local service within such municipal corporation. 2,755
After such authority has been granted, the board may proceed with 2,756
the construction or the maintenance and operation of said 2,757
improvements in the same manner as provided by law for 2,758
improvements in districts wholly outside of municipal 2,759
corporations, under the same restrictions as provided in this 2,760
section for main works. 2,761
Sec. 6117.05. (A) Whenever any portion of a sewer 2,770
district is incorporated as, or annexed to, a municipal 2,771
corporation, the area so incorporated or annexed shall remain 2,772
under the jurisdiction of the board of county commissioners for 2,773
sewerage purposes, OF THE ACQUISITION AND CONSTRUCTION OF 2,774
SANITARY AND DRAINAGE FACILITY IMPROVEMENTS until all sewerage OF 2,775
THOSE improvements for said THE area for which detailed plans 2,777
have been prepared and the A resolution declaring the necessity 2,778
thereof DESCRIBED IN DIVISION (A) OR (E) OF SECTION 6117.06 OF 2,779
THE REVISED CODE has been adopted by the board have been ACQUIRED 2,782
OR completed, or until the board has abandoned such projects THE 2,784
IMPROVEMENTS. Such THE BOARD, UNLESS AND UNTIL A CONVEYANCE IS 2,785
MADE TO A MUNICIPAL CORPORATION IN ACCORDANCE WITH DIVISION (B) 2,786
60
OF THIS SECTION, SHALL CONTINUE TO HAVE JURISDICTION IN THE AREA 2,787
SO INCORPORATED OR ANNEXED WITH RESPECT TO THE MANAGEMENT,
MAINTENANCE, AND OPERATION OF ALL SANITARY AND DRAINAGE 2,789
FACILITIES SO ACQUIRED OR COMPLETED, OR PREVIOUSLY ACQUIRED OR 2,790
COMPLETED, INCLUDING THE RIGHT TO ESTABLISH RULES AND RATES AND 2,791
CHARGES FOR THE USE OF, AND CONNECTIONS TO, THE FACILITIES. THE
incorporation or annexation of any part of a district shall not 2,793
interfere with or render illegal any issue of bonds or 2,794
certificate of indebtedness made AFFECT THE LEGALITY OR
ENFORCEABILITY OF ANY PUBLIC OBLIGATIONS ISSUED OR INCURRED by 2,795
the board COUNTY FOR PURPOSES OF THIS CHAPTER to provide for the 2,797
payment of the cost of ACQUISITION, construction and, 2,799
maintenance, OR OPERATION of any sewer improvement SANITARY OR 2,800
DRAINAGE FACILITIES within such THE area, or with THE VALIDITY OF 2,801
any assessments levied or to be levied upon the property 2,802
PROPERTIES within such THE area to provide for the payment of the 2,804
cost of ACQUISITION, construction and, maintenance, OR OPERATION 2,806
OF THE FACILITIES.
(B) ANY COMPLETED SANITARY OR DRAINAGE FACILITIES ACQUIRED 2,808
OR CONSTRUCTED BY A COUNTY UNDER THIS CHAPTER FOR THE USE OF ANY 2,809
COUNTY SEWER DISTRICT, OR ANY PART OF THOSE FACILITIES, THAT ARE 2,810
LOCATED WITHIN A MUNICIPAL CORPORATION OR WITHIN ANY AREA THAT IS 2,811
INCORPORATED AS, OR ANNEXED TO, A MUNICIPAL CORPORATION, OR ANY 2,812
PART OF THE FACILITIES THAT SERVE A MUNICIPAL CORPORATION OR SUCH 2,813
AN AREA, MAY BE CONVEYED, BY MUTUAL AGREEMENT BETWEEN THE BOARD 2,814
AND THE MUNICIPAL CORPORATION, TO THE MUNICIPAL CORPORATION ON
TERMS AND FOR CONSIDERATION AS MAY BE NEGOTIATED. UPON AND AFTER 2,816
THE CONVEYANCE, THE MUNICIPAL CORPORATION SHALL MANAGE, MAINTAIN, 2,817
AND OPERATE THE FACILITIES IN ACCORDANCE WITH THE AGREEMENT. THE 2,819
BOARD MAY RETAIN THE RIGHT TO JOINT USE OF ALL OR PART OF ANY 2,820
FACILITIES SO CONVEYED FOR THE BENEFIT OF THE DISTRICT. NEITHER
THE VALIDITY OF ANY ASSESSMENT LEVIED OR TO BE LEVIED, NOR THE 2,821
LEGALITY OR ENFORCEABILITY OF ANY PUBLIC OBLIGATIONS ISSUED OR 2,822
INCURRED, TO PROVIDE FOR THE PAYMENT OF THE COST OF THE 2,823
61
ACQUISITION, CONSTRUCTION, MAINTENANCE, OR OPERATION OF THE 2,824
FACILITIES OR ANY PART OF THEM, SHALL BE AFFECTED BY THE
CONVEYANCE. 2,825
Sec. 6117.06. (A) After the establishment of any sewer 2,834
district, the board of county commissioners shall, IF A SANITARY 2,836
OR DRAINAGE FACILITY IMPROVEMENT IS TO BE UNDERTAKEN, MAY have 2,837
prepared by the county sanitary engineer PREPARE, OR OTHERWISE 2,839
CAUSE TO BE PREPARED, FOR THE DISTRICT, OR REVISE AS NEEDED, a 2,841
general plan of sewerage and sewage disposal for such district, 2,842
OR DRAINAGE THAT IS as complete IN EACH CASE as can be made 2,843
DEVELOPED at that THE time AND THAT IS DEVISED WITH REGARD TO ANY 2,844
EXISTING SANITARY OR DRAINAGE FACILITIES IN THE DISTRICT AND 2,845
PRESENT AS WELL AS PROSPECTIVE NEEDS FOR ADDITIONAL SANITARY OR 2,846
DRAINAGE FACILITIES IN THE DISTRICT. After such THE general 2,847
plan, IN ORIGINAL OR REVISED FORM, has been approved by the 2,848
board, it shall MAY ADOPT A RESOLUTION GENERALLY DESCRIBING THE 2,849
IMPROVEMENT THAT IS NECESSARY TO BE ACQUIRED OR CONSTRUCTED IN 2,851
ACCORDANCE WITH THE PARTICULAR PLAN, DECLARING THAT THE 2,852
IMPROVEMENT IS NECESSARY FOR THE PRESERVATION AND PROMOTION OF 2,853
THE PUBLIC HEALTH AND WELFARE, AND DETERMINING WHETHER OR NOT
SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED TO PAY ANY 2,854
PART OF THE COST OF THE IMPROVEMENT. 2,855
(B) IF SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED AND 2,857
COLLECTED TO PAY ANY PART OF THE COST OF THE IMPROVEMENT, THE 2,858
BOARD, IN THE RESOLUTION PROVIDED FOR IN DIVISION (A) OF THIS 2,859
SECTION OR IN A SUBSEQUENT RESOLUTION, INCLUDING A RESOLUTION 2,860
AUTHORIZING THE ISSUANCE OR INCURRENCE OF PUBLIC OBLIGATIONS FOR 2,861
THE IMPROVEMENT, MAY AUTHORIZE THE IMPROVEMENT AND THE
EXPENDITURE OF THE FUNDS REQUIRED FOR ITS ACQUISITION OR 2,862
CONSTRUCTION AND MAY PROCEED WITH THE IMPROVEMENT WITHOUT REGARD 2,863
TO THE PROCEDURES OTHERWISE REQUIRED BY DIVISIONS (C), (D), AND 2,864
(E) OF THIS SECTION AND BY SECTIONS 6117.07 TO 6117.24 OF THE 2,865
REVISED CODE. THOSE PROCEDURES ARE REQUIRED ONLY FOR 2,866
IMPROVEMENTS FOR WHICH SPECIAL ASSESSMENTS ARE TO BE LEVIED AND 2,867
62
COLLECTED.
(C) IF SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED 2,869
PURSUANT TO A DETERMINATION MADE IN THE RESOLUTION PROVIDED FOR 2,870
IN DIVISION (A) OF THIS SECTION OR IN A SUBSEQUENT RESOLUTION, 2,871
THE PROCEDURES REFERRED TO IN DIVISION (B) OF THIS SECTION AS 2,872
BEING REQUIRED FOR THAT PURPOSE SHALL APPLY, AND THE BOARD MAY 2,873
have prepared by the COUNTY sanitary engineer PREPARE, OR 2,875
OTHERWISE CAUSE TO BE PREPARED, detailed plans, specifications, 2,876
and estimates AN ESTIMATE of cost of such parts of FOR the 2,877
improvement as it is necessary to then construct, together with a 2,878
tentative assessment of the cost based on such THE estimate. 2,879
Such THE tentative assessment shall be for the information of 2,881
property owners, and shall not be LEVIED OR certified to the 2,882
county auditor for collection. Such THE detailed plans, 2,884
specifications, estimates ESTIMATE of cost, and tentative 2,886
assessment, so prepared by the sanitary engineer and IF approved 2,888
by the board, shall be carefully preserved in the office of the 2,889
board or the COUNTY sanitary engineer and shall be open to THE 2,890
inspection of all persons interested in such THE improvement. 2,891
(B)(D) After THE BOARD'S approval of the detailed plans, 2,894
specifications, estimates ESTIMATE of cost, and tentative 2,895
assessment, and at least twenty-four days before adopting a 2,897
resolution as required by PURSUANT TO division (C)(E) of this 2,899
section, the board, EXCEPT TO THE EXTENT THAT APPROPRIATE WAIVERS 2,900
OF NOTICE ARE OBTAINED FROM AFFECTED OWNERS, shall send CAUSE TO 2,901
BE SENT a notice of its intent to consider or adopt a THE 2,903
resolution to each owner of property PROPOSED TO BE ASSESSED that 2,905
is listed on the records of the county auditor for current 2,907
agricultural use value taxation pursuant to section 5713.31 of 2,908
the Revised Code and that is not located in an agricultural 2,909
district established under section 929.02 of the Revised Code. 2,910
The notice shall SATISFY ALL OF THE FOLLOWING:
(1) Be sent by first class or certified mail; 2,912
(2) Specify the proposed date of the adoption of the 2,914
63
resolution; 2,915
(3) Contain a statement that the project IMPROVEMENT will 2,917
be financed in whole or in part by special assessments and that 2,919
all owners of property PROPERTIES not located in an agricultural 2,920
district established pursuant to section 929.02 of the Revised 2,922
Code may be subject to a special assessment; and 2,923
(4) Contain a statement that an agricultural district may 2,925
be established by filing an application with the county auditor. 2,926
If it appears, by the return of the mailed notices or by 2,928
other means, that one or more of the AFFECTED owners of property 2,930
cannot be found or are not served by the mailed notice, the board 2,931
shall publish CAUSE the notice TO BE PUBLISHED ONCE in a 2,932
newspaper of general circulation within IN the county not later 2,934
than ten days before the adoption of the resolution. 2,935
(C)(E) After complying with divisions (A), (C), and (B)(D) 2,938
of this section, the board shall MAY adopt a resolution declaring 2,939
that such THE improvement, describing the same WHICH SHALL BE 2,941
DESCRIBED AS TO ITS NATURE and the ITS location, route, and 2,942
termini thereof, is necessary for the preservation and promotion 2,943
of THE public health and welfare, referring to the plans, 2,944
specifications, estimates ESTIMATE of cost, and tentative 2,945
assessments ASSESSMENT, stating the place where they are on file 2,947
and may be examined, and what part of PROVIDING THAT the ENTIRE 2,948
cost OR A LESSER DESIGNATED PART OF THE COST will be paid by the 2,949
county at large and what part will be specially assessed against 2,951
the benefited property PROPERTIES within the district AND THAT 2,952
ANY BALANCE WILL BE PAID BY THE COUNTY AT LARGE FROM OTHER 2,953
AVAILABLE FUNDS. Such THE resolution shall also SHALL contain a 2,955
description of the boundaries of that part of the district to be 2,956
assessed, and may include the estimated cost of maintaining the 2,957
improvement for one year. The resolution shall designate a time 2,958
and place, to be fixed by the board, when and where FOR
objections to the improvement, to the tentative assessment, or to 2,959
the boundaries of the assessment district will TO be heard by the 2,961
64
board. The date of such THAT hearing shall be not less than 2,962
twenty-four days after the date of the first publication of the 2,963
notice OF THE HEARING required by this section DIVISION. The 2,965
THE board shall publish CAUSE a notice of the hearing TO BE 2,969
PUBLISHED once a week for two consecutive weeks in a newspaper of 2,971
general circulation within IN the county, and on or before the 2,972
date of the second publication, IT shall send CAUSE TO BE SENT by 2,973
ordinary first class or certified mail a copy of the notice to 2,974
every owner of property to be assessed for such THE improvement 2,975
whose address is known. The 2,977
THE notice shall set forth the time and place of such THE 2,979
hearing, a summary description of the proposed improvement, 2,980
including its general route and termini, a summary description of 2,981
the area to be assessed CONSTITUTING THE ASSESSMENT DISTRICT, and 2,983
the place where the plans, specifications, estimates ESTIMATE of 2,984
cost, and tentative assessments ASSESSMENT are on file and may be 2,986
examined. The EACH MAILED notice shall also SHALL include a 2,987
statement that the property of the addressee will be assessed for 2,988
such THE improvement. THE NOTICE ALSO 2,989
Notice of such hearing shall be mailed SENT BY FIRST CLASS 2,991
OR CERTIFIED MAIL, ON OR BEFORE THE DATE OF THE SECOND 2,992
PUBLICATION, to the clerk, OR TO THE OFFICIAL DISCHARGING THE 2,993
DUTIES OF A CLERK, of any municipal corporation any part of which 2,995
lies within the assessment district AND SHALL STATE WHETHER OR 2,996
NOT ANY PROPERTY BELONGING TO THE MUNICIPAL CORPORATION IS TO BE 2,997
ASSESSED AND, IF SO, SHALL IDENTIFY THAT PROPERTY. 2,998
A AT THE hearing shall be granted by, OR AT ANY ADJOURNMENT 3,001
OF THE HEARING, OF WHICH NO FURTHER PUBLISHED OR MAILED NOTICE
NEED BE GIVEN, the board to SHALL HEAR all parties interested at 3,003
the time and place fixed by such resolution and notice WHOSE 3,004
PROPERTIES ARE PROPOSED TO BE ASSESSED. Written objections to or 3,005
indorsements ENDORSEMENTS of the proposed improvement or the, ITS 3,006
character and termini thereof, the boundaries of the assessment 3,008
district, or the tentative assessment shall be received by the 3,009
65
board for a period of five days after the COMPLETION OF THE 3,010
hearing. No, AND NO action shall be taken by the board in the 3,012
matter until after such THAT period has elapsed. The minutes of 3,013
the hearing shall be entered on the journal of the board, showing 3,015
the persons who appear in person or by attorney. All, AND ALL 3,016
written objections shall be preserved and filed in the office of 3,018
the board.
Sec. 6117.08. After the passage ADOPTION of the A 3,027
resolution to proceed with an improvement as provided for in 3,029
section 6117.07 of the Revised Code, no further action THE 3,030
CONSTRUCTION OF THE IMPROVEMENT shall be taken or work done in 3,031
connection therewith DEFERRED until ten days have elapsed. If, 3,033
at the expiration of such THAT period, no appeal has been 3,034
effected by any property owner, as provided in sections 6117.09 3,036
to 6117.24, inclusive, of the Revised Code, the action of the 3,037
board OF COUNTY COMMISSIONERS shall be final, and the board may 3,039
proceed to issue and sell bonds or certificates of indebtedness 3,040
INCUR PUBLIC OBLIGATIONS and to construct such THE improvement. 3,041
If, at the end of THAT ten days, any owner of property to be 3,043
assessed or taxed for the improvement has effected such AN 3,044
appeal, then said work THE CONSTRUCTION OF THE IMPROVEMENT shall 3,046
not be proceeded with DEFERRED until the matters appealed from 3,047
have been disposed of in court. 3,048
Sec. 6117.23. The final judgment of the probate court may 3,057
be reviewed on appeal as in other cases. If AN appeal is 3,058
prosecuted from the judgment of the probate court as to the 3,059
question of necessity of the improvement, no action shall be 3,060
taken by the board of county commissioners in proceeding with THE 3,061
CONSTRUCTION OF the improvement SHALL BE DEFERRED until such THE 3,063
appeal is finally disposed of. If an appeal is prosecuted from 3,064
the judgment of the court as to the inclusion of any property in 3,065
the assessment district or as to the apportionment of the 3,066
tentative assessment, the board OF COUNTY COMMISSIONERS may 3,067
proceed with the CONSTRUCTION OF THE improvement in accordance 3,068
66
with the transcript of the probate court and shall thereafter 3,070
SHALL adjust such THOSE matters TO THE EXTENT NECESSARY in 3,071
accordance with the THEIR final adjudication in regard thereto. 3,073
Sec. 6117.251. (A) After the establishment of any COUNTY 3,082
sewer district, the board of county commissioners may determine 3,084
by resolution that it is necessary to provide sewer and sewage 3,085
disposal SANITARY OR DRAINAGE FACILITY improvements and to 3,087
maintain and operate the same IMPROVEMENTS within the sewer 3,089
district or a designated portion thereof and OF THE DISTRICT, 3,090
that such sewer and sewage disposal THE improvements, WHICH SHALL 3,091
BE generally described in such THE resolution, shall be 3,093
constructed, THAT FUNDS ARE REQUIRED TO PAY THE PRELIMINARY COSTS 3,094
OF THE IMPROVEMENTS TO BE INCURRED PRIOR TO THE COMMENCEMENT OF 3,095
THE PROCEEDINGS FOR THEIR CONSTRUCTION, AND THAT THOSE FUNDS 3,096
SHALL BE PROVIDED IN ACCORDANCE WITH THIS SECTION.
(B) Prior to the adoption of such THE resolution, the 3,098
board of county commissioners shall give notice of the ITS 3,100
pendency thereof and of the proposed determination of the 3,102
necessity of the improvements therein generally described, which 3,103
IN THE RESOLUTION. THE notice shall set forth a description of 3,105
the properties to be benefited by the improvements and the time 3,106
and place of A hearing of objections to and endorsements of the 3,108
improvements. Such THE notice shall be given EITHER by 3,109
publication in a newspaper of general circulation IN THE COUNTY 3,110
once a week for two consecutive weeks, OR BY MAILING A COPY OF 3,112
THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO THE OWNERS OF THE 3,113
PROPERTIES PROPOSED TO BE ASSESSED AT THEIR RESPECTIVE TAX 3,114
MAILING ADDRESSES, OR BY BOTH MANNERS, the first publication to 3,115
be MADE OR THE MAILING TO OCCUR at least two weeks prior to the 3,117
date set for the hearing. At such THE hearing, or at any 3,118
adjournment thereof OF THE HEARING, of which no further published 3,120
OR MAILED notice need be given, the board of county commissioners 3,121
shall hear all persons whose properties are proposed to be 3,122
assessed, and such THE evidence as is deemed IT CONSIDERS to be 3,123
67
necessary, and shall. THE BOARD then SHALL determine the 3,125
necessity of the proposed improvement, IMPROVEMENTS and in 3,126
addition shall determine whether such THE improvements shall be 3,128
made by the board of county commissioners and, IF THEY ARE TO BE 3,129
MADE, shall direct the preparation of tentative assessments upon 3,131
the benefited properties and by whom they shall be prepared. 3,132
Thereupon in (C) IN order to obtain funds for the 3,134
preparation of a general OR REVISED GENERAL plan of sewers or 3,136
sewers and sewage disposal works SEWERAGE OR DRAINAGE for such 3,138
THE district or part thereof and OF THE DISTRICT, FOR THE 3,139
PREPARATION OF the detailed plans, specifications, estimates 3,140
ESTIMATE of cost, preparation of the AND tentative assessment FOR 3,142
THE PROPOSED IMPROVEMENTS, and FOR the cost of financing and 3,143
legal services incident to the preparation of all of such THOSE 3,144
plans and a plan of financing the proposed improvement 3,146
IMPROVEMENTS, the board of county commissioners may levy upon the 3,148
property PROPERTIES to be benefited in such THE district a 3,149
preliminary assessment apportioned according to benefits or to 3,150
tax valuation or partly by one method and partly by the other, 3,151
METHOD as the board of county commissioners may determine. Such 3,153
THE assessments shall be in the amount determined to be necessary 3,155
to obtain funds for such THE general and detailed plans and such 3,156
costs THE COST of financing and legal services and shall be 3,158
payable in such THE number of years as THAT the board of county 3,159
commissioners shall determine, not to exceed twenty years, 3,161
together with interest on any notes which PUBLIC OBLIGATIONS THAT 3,162
may be issued OR INCURRED in anticipation of the collection of 3,164
such THE assessments.
(D) The board of county commissioners shall have power at 3,166
any time to levy additional assessments according to benefits or 3,168
to tax valuation or partly by one method and partly by the other, 3,169
METHOD as the board of county commissioners may determine for 3,171
such THE purposes DESCRIBED IN DIVISION (C) OF THIS SECTION upon 3,173
such THE BENEFITED properties to complete the payment of such THE 3,175
68
costs DESCRIBED IN DIVISION (C) OF THIS SECTION or to pay the 3,176
cost of any additional plans, specifications, estimates ESTIMATE 3,178
of cost, OR tentative assessments ASSESSMENT and the cost of 3,180
financing and legal services incident to the preparation of such 3,181
THOSE plans and such THE plan of financing, which additional 3,182
assessments shall be payable in such THE number of years as THAT 3,184
the legislative authority BOARD shall determine, not to exceed 3,185
twenty years, together with interest on any notes and bonds which 3,187
PUBLIC OBLIGATIONS THAT may be issued OR INCURRED in anticipation 3,189
of the collection thereof OF THE ADDITIONAL ASSESSMENTS. 3,190
(E) Prior to the adoption of the A resolution levying such 3,193
assessments UNDER THIS SECTION, the board shall give at least ten 3,194
days' notice EITHER BY ONE PUBLICATION in one A newspaper of 3,196
general circulation in the county which shall state, OR BY
MAILING A COPY OF THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO 3,197
THE OWNERS OF THE PROPERTIES PROPOSED TO BE ASSESSED AT THEIR 3,198
RESPECTIVE TAX MAILING ADDRESSES, OR BY BOTH MANNERS, THE 3,199
PUBLICATION TO BE MADE OR THE MAILING TO OCCUR AT LEAST TEN DAYS 3,200
PRIOR TO the time and place when and where such DATE OF THE 3,202
MEETING AT WHICH THE resolution shall be taken up for 3,203
consideration; THAT NOTICE SHALL STATE THE TIME AND PLACE OF THE 3,204
MEETING AT WHICH THE RESOLUTION IS TO BE CONSIDERED. At such THE 3,206
time and place OF THE MEETING, or at any adjournment thereof OF 3,207
THE MEETING, of which no further published OR MAILED notice need 3,208
be given, the board shall hear all persons whose properties are 3,209
proposed to be assessed, shall correct any errors and make any 3,210
revisions that appear to be necessary or just, and may then pass 3,211
MAY ADOPT a resolution levying upon the properties determined to 3,213
be benefited such THE assessments as so corrected and revised. 3,214
The assessments levied by such THE resolution shall be 3,216
certified to the county auditor for collection IN THE SAME MANNER 3,218
as other taxes in the year or years in which they are payable. 3,220
(F) Upon the adoption of such THE resolution DESCRIBED IN 3,223
DIVISION (E) OF THIS SECTION, no further action shall be taken or 3,225
69
work done until ten days have elapsed. If, at the expiration of 3,226
such THAT period, no appeal has been effected by any property 3,228
owner as herein provided IN THIS DIVISION, the action of the 3,229
board shall be final. If, at the end of THAT ten days, any owner 3,230
of property to be assessed for the improvement IMPROVEMENTS has 3,232
effected such an appeal then, no further action shall be taken 3,234
and no work done in connection with such THE improvements under 3,235
said THE resolution until the matters appealed from have been 3,237
disposed of in court.
Any owner of property to be assessed may appeal as provided 3,239
and upon the grounds stated in sections 6117.09 to 6117.24, 3,240
inclusive, of the Revised Code. 3,241
If no appeal has been perfected or if on appeal the 3,243
resolution of award of county commissioners THE BOARD is 3,244
sustained, the board of county commissioners may authorize AND 3,246
ENTER INTO contracts to carry out the purposes for which such THE 3,248
assessments have been levied without the prior issuance of notes, 3,250
provided that the payments due by the board of county 3,251
commissioners UNDER THOSE CONTRACTS do not fall due prior to the 3,252
time in BY which such THE assessments shall ARE TO be collected. 3,254
The board of county commissioners shall also have power to MAY 3,255
issue and sell its bonds with a maximum maturity of twenty years 3,257
in anticipation of the collection of such THE assessments and may 3,258
issue its notes in anticipation of the issuance of such THE 3,260
bonds, which notes and bonds, AS PUBLIC OBLIGATIONS, shall be 3,261
issued and sold as provided in Chapter 133. of the Revised Code. 3,263
Sec. 6117.28. Whenever the owners of all the lots and 3,272
lands to be benefited by, and to be assessed for, any sewer 3,273
SANITARY OR DRAINAGE FACILITY improvement or sewage treatment 3,275
works, provided for in sections 6117.01 to 6117.45, inclusive, of 3,276
the Revised Code THIS CHAPTER, by petition in writing, request 3,278
the board of county commissioners to provide for the ACQUISITION
OR construction, maintenance, and operation of any such 3,280
improvements THE IMPROVEMENT, describing the improvements desired 3,282
70
IMPROVEMENT and the lots and lands owned by them respectively to 3,283
be assessed to pay the cost and OF ACQUISITION OR CONSTRUCTION, 3,284
maintenance, AND OPERATION of such improvements, THE IMPROVEMENT 3,286
and consenting that their said lots and lands may be assessed to 3,287
pay the cost of such improvements THE ACQUISITION OR CONSTRUCTION 3,288
OF THE IMPROVEMENT and of ITS maintenance and operation as 3,289
provided in such sections THIS CHAPTER, and waive notice and the 3,290
publication of all resolutions and legal notices provided for in 3,292
such sections OTHERWISE REQUIRED, the board shall MAY HAVE THE 3,295
COUNTY SANITARY ENGINEER prepare, OR OTHERWISE CAUSE TO BE 3,296
PREPARED, the necessary plans, specifications, and estimates 3,298
ESTIMATE of cost of THE ACQUISITION OR construction, maintenance, 3,299
and operation thereof, OF THE IMPROVEMENT and a tentative 3,300
assessment. When all the owners of the lots and lands to be 3,302
benefited by and assessed for the proposed improvements state, in 3,303
writing, that they have examined the estimated ESTIMATE OF cost 3,304
and tentative assessment as made by the county sanitary engineer, 3,307
that they have no objection thereto OBJECTIONS TO THEM, and that, 3,309
in case bonds are sold PROPOSED TO BE ISSUED prior to the 3,311
ACQUISITION OR construction of the improvements IMPROVEMENT, they 3,313
waive their right of OR option to pay the assessments in cash, 3,315
then the board shall MAY proceed, as provided in such sections, 3,317
THIS CHAPTER to cause such improvements THE IMPROVEMENT to be 3,318
ACQUIRED OR constructed and TO CAUSE provision to be made for the 3,320
payment of the cost of ITS ACQUISITION OR construction, 3,322
maintenance, and operation in accordance with such sections, 3,323
except that none of the notices or publications OTHERWISE 3,324
required by law need be made nor any GIVEN AND NO opportunity 3,325
NEED be given PROVIDED for THE filing of objections to the 3,327
improvement, ITS CHARACTER AND TERMINI, THE BOUNDARIES OF THE 3,328
ASSESSMENT DISTRICT, or to the TENTATIVE assessment or, if bonds 3,330
have been sold ARE ISSUED PRIOR TO THE ACQUISITION OR 3,331
CONSTRUCTION OF THE IMPROVEMENT, for paying the assessments in 3,332
cash. The board shall forthwith MAY proceed to authorize and 3,334
71
issue bonds or certificates INCUR PUBLIC OBLIGATIONS IN THE 3,336
REQUIRED AMOUNT, COMPLETE THE ACQUISITION OR CONSTRUCTION of 3,337
indebtedness THE IMPROVEMENT, and levy and collect the 3,338
assessments authorized in sections 6117.01 to 6117.40, inclusive, 3,340
of the Revised Code BY THIS CHAPTER. No person, firm, or 3,341
corporation may PUBLIC AGENCY SHALL HAVE THE RIGHT TO appeal from 3,342
any decision or action of the board in the matter except refusal 3,345
by the board to proceed with such THE improvement. The 3,346
THE tentative assessment provided for in this section shall 3,349
be for the information of property owners and shall not be LEVIED 3,350
OR certified to the county auditor for collection. On completion 3,352
of the work IMPROVEMENT, the ITS cost thereof shall be 3,353
determined, including incidental expense as defined in sections 3,355
6117.01 to 6117.40, inclusive, of the Revised Code, and a revised 3,357
assessment shall be prepared by the COUNTY sanitary engineer 3,358
SHALL PREPARE, OR OTHERWISE CAUSE TO BE PREPARED, A REVISED 3,359
ASSESSMENT based on such THE actual cost and in substantially the 3,361
same proportion as the tentative assessment. The board shall 3,363
confirm such AND LEVY THE revised assessment and certify the same 3,365
IT to the COUNTY auditor for collection. 3,366
Sec. 6117.29. The cost of any improvement provided for in 3,375
sections 6117.01 to 6117.40, inclusive, of the Revised Code, THIS 3,376
CHAPTER and the cost of the ITS maintenance and operation thereof 3,378
shall include, in addition to the cost of ITS ACQUISITION OR 3,380
construction, the cost of engineering, necessary publications, 3,381
inspection, interest on certificates of indebtedness or on bonds 3,382
PUBLIC OBLIGATIONS, and all other items of cost incident to such 3,384
THE improvement AS DESCRIBED IN DIVISION (B) OF SECTION 133.15 OF 3,385
THE REVISED CODE. The county may pay FROM AVAILABLE COUNTY FUNDS 3,386
any part of the cost of such THE improvement and ANY PART of the 3,387
COST OF ITS maintenance and operation thereof if the board of 3,389
county commissioners deems such CONSIDERS THE payment TO BE just. 3,390
Sec. 6117.30. The cost and expense of the ACQUISITION OR 3,399
construction of a main, branch or intercepting sewer or sewerage 3,401
72
treatment or disposal works SANITARY OR DRAINAGE FACILITIES to be 3,402
paid by assessment ASSESSMENTS shall be assessed, as an 3,403
assessment district assessment, upon all the property within such 3,405
THE COUNTY SEWER district found to be benefited in accordance 3,406
with the special benefits conferred, less such ANY part of said 3,407
THE cost as THAT is paid by the county at large, and state lands 3,409
FROM OTHER AVAILABLE FUNDS. STATE LAND so benefited shall bear 3,411
its proportion PORTION of THE assessed cost according to special 3,412
benefit. 3,413
Sec. 6117.32. The county sanitary engineer, upon the 3,422
completion of any improvement under sections 6117.01 to 6117.45, 3,423
inclusive, of the Revised Code IN ACCORDANCE WITH THIS CHAPTER, 3,424
shall prepare, OR OTHERWISE CAUSE TO BE PREPARED, and SHALL 3,426
present to the board of county commissioners a revised 3,427
assessment, based on the tentative assessment previously ratified 3,428
by the board for such THE improvement, or, if such THE tentative 3,430
assessment has been revised by order of court, BASED on such THE 3,432
revised tentative assessment, the assessment levied on each piece 3,434
of property being modified in substantially the same proportion 3,435
as the actual cost of the work IMPROVEMENT, including incidental 3,436
costs provided for in sections 6117.01 to 6117.40, inclusive, of 3,438
the Revised Code, bears to the estimated cost on which such THE 3,439
tentative assessment was based. No notice of such THE revised 3,441
assessment shall be given unless such THE actual cost exceed 3,443
EXCEEDS the estimated cost. If the actual cost exceeds the 3,444
estimated cost, notice shall be given TO all property owners 3,445
within the assessment district and shall be published as provided 3,446
BY SECTION 6117.07 OF THE REVISED CODE for amendments of the
tentative assessment. Any, AND ANY property owner may appeal as 3,448
provided for in THE case of A tentative assessments ASSESSMENT. 3,450
The board shall confirm such THE revised assessment, and, when so 3,452
confirmed, the same is IT SHALL BE final AND CONCLUSIVE. If an 3,455
appeal has been made, as provided in this section, such THAT 3,456
confirmation shall be subject to the finding of the court. The 3,457
73
THE board may, at such intervals as it deems CONSIDERS 3,461
expedient, assess MAY LEVY AN ADDITIONAL ASSESSMENT ON the lots 3,463
and parcels of land specified in said notice of assessment and 3,464
levy taxes upon the taxable property of the district so improved 3,465
ASSESSED FOR THE IMPROVEMENT, INCLUDING STATE LAND, IN ORDER to 3,466
pay the cost of the maintenance, REPAIR, and operation of any 3,468
such THE improvement, including disposal of sewage, after ITS 3,469
completion thereof, and for the purpose of keeping clean and in 3,470
repair ditches, drains and water-courses serving such 3,471
improvements. No FURTHER notice shall be necessary of such 3,473
maintenance, repair, or operation THAT ADDITIONAL assessment 3,474
SHALL BE NECESSARY unless the amount thereof OF IT exceeds ten 3,476
per cent of the original cost of the construction ACQUIRING OR 3,477
CONSTRUCTING THE IMPROVEMENT. If such maintenance, repair, and 3,478
operation THAT ADDITIONAL assessment exceeds ten per cent of the 3,480
original cost of the construction ACQUIRING OR CONSTRUCTING THE 3,481
IMPROVEMENT, the METHOD AND manner of making said THAT ADDITIONAL 3,482
assessment, together with the notice thereof OF IT, shall be the 3,484
same as provided in sections 6117.01 to 6117.45, inclusive, of 3,486
the Revised Code, THIS CHAPTER for the original assessment. THAT 3,487
ADDITIONAL ASSESSMENT SHALL BE SUBJECT TO ANY APPLICABLE 3,488
PROVISIONS OF SECTION 6117.33 OF THE REVISED CODE, PROVIDED THAT
THE ASSESSMENT MAY BEAR INTEREST AT A RATE AS THE BOARD 3,489
DETERMINES TO BE APPROPRIATE.
Sec. 6117.34. Whenever the legislative authority or board 3,498
of health, or the officers performing the duties of the 3,499
legislative authority or board of health, of a municipal 3,500
corporation, the board of health of a general health district, or 3,501
a board of township trustees makes complaint, in writing, to the 3,502
environmental protection agency that unsanitary conditions exist 3,503
in any county, the AGENCY'S director of environmental protection 3,504
shall forthwith SHALL inquire into and investigate the conditions 3,506
complained of. If, upon investigation of such THE complaint, the 3,508
director finds that it is necessary for the public health and 3,509
74
welfare that sewer improvements or sewage treatment or disposal 3,510
works SANITARY OR DRAINAGE FACILITIES be ACQUIRED OR constructed, 3,512
maintained, and operated for the service of TO SERVE any 3,513
territory outside of municipal corporations in any county, the 3,514
director shall notify the board of county commissioners of such 3,515
THE county of its THAT finding AND ORDER THAT CORRECTIVE ACTION 3,517
BE TAKEN. The board shall obey such THE order and proceed as 3,519
provided in sections 6117.01 to 6117.45 of the Revised Code, THIS 3,520
CHAPTER to establish A COUNTY sewer districts DISTRICT, IF 3,521
REQUIRED, TO provide THE necessary funds, and TO ACQUIRE OR 3,523
construct such sewers or treatment works THE FACILITIES, or AND 3,525
TO maintain, repair, or AND operate the same FACILITIES, as are 3,526
required by such THE order and in such A manner as THAT is 3,528
satisfactory to the director. Any PART or all of the cost of 3,530
such improvement THE FACILITIES or OF THE maintenance AND 3,531
OPERATION OF THE FACILITIES may be assessed upon the property 3,532
benefited PROPERTIES as provided in sections 6117.01 to 6117.45 3,533
of the Revised Code THIS CHAPTER. 3,534
Sec. 6117.38. (A) At any time after the formation of any 3,543
COUNTY sewer district, the board of county commissioners, when it 3,545
deems CONSIDERS it expedient APPROPRIATE, on application by a 3,547
corporation, individual, PERSON or public institution AGENCY FOR 3,549
THE PROVISION OF SEWERAGE OR DRAINAGE TO PROPERTIES OF THE PERSON 3,550
OR PUBLIC AGENCY LOCATED outside of any THE district, may 3,551
contract with such corporation, individual, THE PERSON or public 3,552
institution AGENCY for depositing sewage OR DRAINAGE from 3,554
premises outside such district THOSE PROPERTIES in the sewers 3,556
FACILITIES ACQUIRED OR constructed or to be ACQUIRED OR 3,557
constructed BY THE COUNTY to serve such THE district and for the 3,559
treatment or, disposal thereof, AND DISPOSITION OF THE SEWAGE OR 3,560
DRAINAGE, on such terms as THAT the board deems CONSIDERS 3,562
equitable. The amount to be paid BY THE PERSON OR PUBLIC AGENCY 3,563
TO REIMBURSE THE COUNTY FOR COSTS OF ACQUIRING OR CONSTRUCTING 3,564
THOSE FACILITIES shall not be less than the original OR 3,565
75
COMPARABLE assessment for similar property within the district 3,567
OR, and such IN THE ABSENCE OF AN ORIGINAL OR COMPARABLE 3,568
ASSESSMENT, AN AMOUNT THAT IS FOUND BY THE BOARD TO BE REASONABLE
AND FAIRLY REFLECTIVE OF THAT PORTION OF THE COST OF THOSE 3,569
FACILITIES ATTRIBUTABLE TO THE PROPERTIES TO BE SERVED. THE 3,570
board shall appropriate any moneys received for such THAT service 3,572
to and for the use and benefit of such THE district. When the 3,574
THE board deems it necessary to contract with a corporation, 3,576
individual, or public institution for depositing sewage from 3,577
premises outside such district in the sewers constructed or to be 3,578
constructed to serve such district, it shall so determine by 3,579
resolution, and may collect said THE amount in cash TO BE PAID BY 3,581
THE PERSON OR PUBLIC AGENCY IN FULL, IN CASH OR IN INSTALLMENTS 3,582
AS A PART OF A CONNECTION CHARGE TO BE COLLECTED IN ACCORDANCE 3,583
WITH DIVISION (B) OR (D) OF SECTION 6117.02 OF THE REVISED CODE, 3,584
or IF THE PROPERTIES TO BE SERVED ARE LOCATED WITHIN THE COUNTY, 3,585
the same AMOUNT may be assessed against said lots or parcels of 3,587
land THOSE PROPERTIES, and, IN THAT EVENT, the manner of making 3,589
said THE assessment, together with the notice thereof OF IT, 3,590
shall be the same as provided in sections 6117.01 to 6117.40, 3,592
inclusive, of the Revised Code, for the original assessment THIS 3,593
CHAPTER.
(B) Whenever sewers SANITARY OR DRAINAGE FACILITIES have 3,596
been ACQUIRED OR constructed by, AND AT THE EXPENSE OF, a 3,597
corporation, individual, PERSON or public institution at its own 3,598
cost for the purpose of providing sewerage for any allotment, 3,599
development, subdivision, or similar enterprise, or for any 3,600
institution, AGENCY and the board deems CONSIDERS it expedient 3,602
APPROPRIATE to acquire said sewers THE FACILITIES or any part 3,603
thereof OF THEM for the purpose of providing sewerage for OR 3,605
DRAINAGE SERVICE TO territory outside the allotment, subdivision, 3,606
development, or other such enterprise for which such sewers were 3,607
constructed, such additional territory being within a SEWER 3,608
district, the county sanitary engineer, AT THE DIRECTION OF THE 3,609
76
BOARD, shall examine said sewers THE FACILITIES. If he THE 3,610
COUNTY SANITARY ENGINEER finds such sewers THE FACILITIES 3,613
properly designed and constructed he, THE COUNTY SANITARY 3,614
ENGINEER shall make an appraisal of the present value of said 3,616
sewers or parts thereof to the district as a means of providing 3,617
sewerage for such territory outside the allotment, subdivision, 3,618
development, or similar enterprise for which it was originally 3,619
constructed and shall certify the same THAT FACT to the board. 3,620
In such appraisal no allowance shall be made for the value of 3,622
such sewers to the territory for the service of which it was 3,623
originally constructed. The board by resolution may determine to 3,624
purchase said sewers THE FACILITIES OR ANY PART OF THEM at a cost 3,625
not to exceed the present value of said sewers as certified by 3,627
THAT, AFTER CONSULTATION WITH the COUNTY sanitary engineer, IT 3,628
FINDS TO BE REASONABLE. For 3,629
SUBJECT TO AND IN ACCORDANCE WITH THIS DIVISION AND 3,631
DIVISION (B) OR DIVISIONS (C), (D), AND (E) OF SECTION 6117.06 OF 3,633
THE REVISED CODE, THE BOARD MAY PURCHASE THE FACILITIES OR ANY 3,634
PART OF THEM BY NEGOTIATION. FOR the purpose of paying for said 3,636
sewers and the maintenance thereof COST OF THEIR ACQUISITION, the 3,637
board may issue bonds or certificates of indebtedness INCUR 3,638
PUBLIC OBLIGATIONS and assess the ENTIRE COST, OR A LESSER 3,639
DESIGNATED PART OF THE cost, OF THEIR ACQUISITION against the 3,641
benefited property PROPERTIES in the same manner as provided by 3,643
sections 6117.01 to 6117.40, inclusive, of the Revised Code, IN 3,644
THIS CHAPTER for the construction of an original sewer OR 3,645
COMPARABLE FACILITIES.
Sec. 6117.39. Whenever, in the opinion of the board of 3,654
county commissioners, it is necessary to procure ACQUIRE real 3,655
estate, a right of way, or an easement ANY INTEREST IN REAL 3,657
ESTATE for the ACQUISITION, construction, maintenance, or 3,658
operation of any sewer, DRAINAGE, or other improvement authorized 3,660
by sections 6117.01 to 6117.45, inclusive, of the Revised Code 3,661
THIS CHAPTER, or TO ACQUIRE the right to construct, maintain, and 3,663
77
operate such THE sewer, DRAINAGE, or other improvement in and 3,665
upon any property within or without OUTSIDE OF a COUNTY sewer 3,667
district, it may purchase the same, or if such REAL ESTATE, 3,668
INTEREST IN REAL ESTATE, OR RIGHT BY NEGOTIATION. IF THE board
and the owners thereof OWNER OF THE REAL ESTATE, INTEREST IN REAL 3,670
ESTATE, OR RIGHT are unable to agree upon its purchase and sale, 3,672
or the amount of damages to be awarded therefor FOR IT, the board 3,673
may appropriate such THE real estate, right of way, easement 3,675
INTEREST, or right. Such proceedings shall be had as are 3,676
provided for in ACCORDANCE WITH sections 163.01 to 163.22, 3,677
inclusive, of the Revised Code. 3,678
Sec. 6117.41. The AT ANY TIME AFTER THE FORMATION OF ANY 3,687
COUNTY SEWER DISTRICT, THE board of county commissioners of any 3,688
county or the legislative authority of any municipal corporation 3,689
may enter into a contract, upon such THE terms and for such THE 3,691
period of time as THAT are mutually agreed upon, with any other 3,692
county or municipal corporation PUBLIC AGENCY to prepare all 3,694
necessary plans and estimates of cost, AND to connect ACQUIRE OR 3,696
CONSTRUCT any sewers of such county or municipal corporation with 3,698
any sewers constructed, SANITARY or DRAINAGE FACILITIES THAT ARE 3,699
to be constructed, USED JOINTLY by any other county or municipal 3,700
corporation THE CONTRACTING PARTIES, and to provide for the 3,702
MAINTENANCE, OPERATION, AND joint use by such THE contracting 3,703
parties of such sewers and of any sewage treatment or disposal 3,704
works of such county or municipal corporation THOSE FACILITIES OR 3,705
THE MAINTENANCE, OPERATION, AND JOINT USE OF ANY SUITABLE 3,706
EXISTING SANITARY OR DRAINAGE FACILITIES BELONGING TO EITHER OF 3,707
THE CONTRACTING PARTIES.
Sec. 6117.42. All contracts under section 6117.41 of the 3,716
Revised Code shall provide for THE payment OF COMPENSATION to the 3,718
county or municipal corporation OTHER PUBLIC AGENCY owning, 3,719
ACQUIRING, OR constructing, or about AGREEING to ACQUIRE OR 3,720
construct a sewer or sewage treatment or disposal works, THE 3,722
SANITARY OR DRAINAGE FACILITIES to be jointly used, of the IN AN 3,723
78
amount agreed upon by the county or municipal corporation so 3,724
contracting for the joint use thereof AS THE OTHER PARTY'S SHARE 3,725
OF THE COST OF ACQUIRING OR CONSTRUCTING THE FACILITIES. THE 3,726
CONTRACT ALSO SHALL PROVIDE FOR PAYMENT OF COMPENSATION TO THE 3,727
COUNTY OR OTHER PUBLIC AGENCY OWNING, ACQUIRING, OR CONSTRUCTING 3,728
THE FACILITIES AND OPERATING AND MAINTAINING THEM IN AN AMOUNT 3,729
AGREED UPON AS THE OTHER PARTY'S SHARE OF THE COST OF OPERATING 3,730
AND MAINTAINING THEM OR, IN LIEU OF ALL OTHER OR DIFFERING
PAYMENTS, AND AGREED PRICE PER UNIT OF FLOW. Any such A county 3,732
or municipal corporation OTHER PUBLIC AGENCY owning, ACQUIRING, 3,733
OR constructing, or agreeing to ACQUIRE OR construct, any such 3,735
sewer improvement or sewage treatment works, as provided in 3,737
sections 6117.41 to 6117.44 of the Revised Code, OF THE
FACILITIES and permitting the AGREEING TO THEIR use thereof by 3,739
such other county or municipal corporation, ANOTHER PUBLIC AGENCY 3,741
shall retain full control and management of the ACQUISITION, 3,742
construction, maintenance, repair, and operation of such sewer 3,743
improvement and sewage treatment or disposal works, THE 3,744
FACILITIES, UNLESS OTHERWISE PROVIDED IN THE CONTRACT AND except, 3,745
IN THE CASE OF A COUNTY, when conveyed to a municipal corporation 3,747
as provided in this DIVISION (B) OF section 6117.05 OF THE 3,748
REVISED CODE. Any such contract before going into effect shall 3,750
be approved by RELATING TO FACILITIES UNDER THE JURISDICTION OF 3,751
the director of environmental protection SHALL BE APPROVED BY THE 3,752
DIRECTOR BEFORE GOING INTO EFFECT. Any completed sewer 3,753
improvement or sewage treatment works constructed under sections 3,754
6117.01 to 6117.45 of the Revised Code, for the use of any sewer 3,755
district and located within any municipal corporation or within 3,756
any area which may be annexed to or incorporated as a municipal 3,757
corporation, may by mutual agreement between the board of county 3,758
commissioners and such municipal corporation be conveyed to such 3,759
municipal corporation, which shall thereafter maintain and 3,760
operate such sewer improvement or sewage treatment works. The 3,761
board may retain the right to joint use of such sewers or 3,762
79
treatment works for the benefit of the district. The validity of 3,763
any assessments levied to provide means for the payment of the 3,764
cost of construction or maintenance of such sewer improvement or 3,765
sewage treatment works or any part thereof shall not be affected 3,766
by such conveyance. 3,767
Sec. 6117.43. The A county or municipal corporation OTHER 3,777
PUBLIC AGENCY contracting under section AS PROVIDED IN SECTIONS 3,779
6117.41 AND 6117.42 of the Revised Code for the joint use of any 3,781
sewer or sewage treatment or disposal works SANITARY OR DRAINAGE
FACILITIES ACQUIRED OR constructed, or to be ACQUIRED OR 3,783
constructed, by another county or municipal corporation PUBLIC 3,784
AGENCY may provide for payment of the agreed compensation by the 3,785
levy of taxes, OR special assessments, or FROM SANITARY sewer 3,787
rentals OR DRAINAGE RATES AND CHARGES, as provided in IF AND TO 3,788
THE EXTENT THAT THE PUBLIC AGENCY IS AUTHORIZED BY the laws 3,789
governing such county or municipal corporation IT in the
ACQUISITION, construction, maintenance, repair, or operation of a 3,791
sewer improvement or sewage treatment or disposal works THE 3,792
FACILITIES TO PROVIDE FOR PAYMENT OF THE COSTS IN RESPECT OF 3,793
WHICH THE COMPENSATION IS DUE FROM THOSE SOURCES, and may issue 3,794
bonds OR INCUR PUBLIC OBLIGATIONS as provided by such THOSE laws 3,796
in anticipation of such taxes or assessments AND PAY THE DEBT 3,797
CHARGES ON THOSE OBLIGATIONS FROM THOSE SOURCES IF AND TO THE 3,798
EXTENT SO AUTHORIZED.
Sec. 6117.44. The A county or municipal corporation OTHER 3,808
PUBLIC AGENCY receiving the compensation provided for in section 3,810
6117.42 of the Revised Code shall credit the amount so received 3,811
to the proper fund to be applied towards USED FOR the 3,813
ACQUISITION, construction, or OPERATION AND maintenance, as the 3,814
case may be, of the sewer and other works to be so jointly used 3,815
SANITARY OR DRAINAGE FACILITIES OR FOR OTHER AUTHORIZED PURPOSES. 3,816
Sec. 6117.45. No person OR PUBLIC AGENCY shall tamper with 3,825
or damage any sewer or sewage disposal plant SANITARY OR DRAINAGE 3,827
FACILITY ACQUIRED OR constructed BY A COUNTY under sections 3,828
80
6117.01 to 6117.45, inclusive, of the Revised Code, THIS CHAPTER 3,829
or any apparatus or accessory connected therewith WITH IT or 3,831
pertaining thereto TO IT, or make any connection into any such 3,832
sewer or sewage disposal plant OR WITH THE FACILITY, without THE 3,834
permission of the board of county commissioners or in a manner or 3,836
for a use other than as prescribed by such THE board. No person 3,837
OR PUBLIC AGENCY shall refuse to permit the inspection by the 3,839
county sanitary engineer of any such connection. No person OR 3,840
PUBLIC AGENCY shall violate sections 6117.01 to 6117.45, 3,842
inclusive, of the Revised Code ANY OTHER PROVISION OF THIS
CHAPTER. 3,843
All fines collected under division (A) of section 6117.99 3,845
of the Revised Code shall be paid into TO the county treasury 3,846
TREASURER and credited to any county sewer improvement or 3,847
maintenance THE fund as THAT the board directs DETERMINES TO BE 3,849
MOST APPROPRIATE AFTER CONSIDERATION OF THE NATURE AND EXTENT OF 3,850
THE PARTICULAR VIOLATIONS. 3,851
Sec. 6117.49. (A) IF THE BOARD OF COUNTY COMMISSIONERS 3,853
DETERMINES BY RESOLUTION THAT THE BEST INTERESTS OF THE COUNTY 3,854
AND THOSE SERVED BY THE SANITARY OR DRAINAGE FACILITIES OF A 3,855
COUNTY SEWER DISTRICT SO REQUIRE, THE BOARD MAY SELL OR OTHERWISE 3,856
DISPOSE OF THE FACILITIES TO ANOTHER PUBLIC AGENCY OR A PERSON. 3,857
THE RESOLUTION DECLARING THE NECESSITY OF THAT DISPOSITION SHALL 3,858
RECITE THE REASONS FOR THE SALE OR OTHER DISPOSITION AND SHALL 3,859
ESTABLISH ANY CONDITIONS OR TERMS THAT THE BOARD MAY IMPOSE,
INCLUDING, BUT NOT LIMITED TO, A MINIMUM SALES PRICE IF A SALE IS 3,860
PROPOSED, A REQUIREMENT FOR THE SUBMISSION BY BIDDERS OF THE 3,861
SCHEDULE OF RATES AND CHARGES INITIALLY PROPOSED TO BE PAID FOR 3,862
THE SERVICES OF THE FACILITIES, AND OTHER PERTINENT CONDITIONS OR 3,863
TERMS RELATING TO THE SALE OR OTHER DISPOSITION. THE RESOLUTION
ALSO SHALL DESIGNATE A TIME AND PLACE FOR THE HEARING OF 3,864
OBJECTIONS TO THE SALE OR OTHER DISPOSITION BY THE BOARD. NOTICE 3,865
OF THE ADOPTION OF THE RESOLUTION AND THE TIME AND PLACE OF THE 3,866
HEARING SHALL BE PUBLISHED ONCE A WEEK FOR TWO CONSECUTIVE WEEKS 3,867
81
IN A NEWSPAPER OF GENERAL CIRCULATION IN THE SEWER DISTRICT AND 3,868
IN THE COUNTY. THE PUBLIC HEARING ON THE SALE OR OTHER
DISPOSITION SHALL BE HELD NOT LESS THAN TWENTY-FOUR DAYS 3,869
FOLLOWING THE DATE OF FIRST PUBLICATION OF THE NOTICE. A COPY OF 3,870
THE NOTICE ALSO SHALL BE SENT BY FIRST CLASS OR CERTIFIED MAIL, 3,871
ON OR BEFORE THE DATE OF THE SECOND PUBLICATION, TO ANY PUBLIC 3,872
AGENCY WITHIN THE AREA SERVED BY THE FACILITIES. AT THE PUBLIC 3,873
HEARING, OR AT ANY ADJOURNMENT OF IT, OF WHICH NO FURTHER
PUBLISHED OR MAILED NOTICE NEED BE GIVEN, THE BOARD SHALL HEAR 3,874
ALL INTERESTED PARTIES. A PERIOD OF FIVE DAYS SHALL BE GIVEN 3,875
FOLLOWING THE COMPLETION OF THE HEARING FOR THE FILING OF WRITTEN 3,876
OBJECTIONS BY ANY INTERESTED PERSONS OR PUBLIC AGENCIES TO THE 3,877
SALE OR OTHER DISPOSITION, AFTER WHICH THE BOARD SHALL CONSIDER 3,878
ANY OBJECTIONS AND BY RESOLUTION DETERMINE WHETHER OR NOT TO 3,879
PROCEED WITH THE SALE OR OTHER DISPOSITION. IF THE BOARD 3,880
DETERMINES TO PROCEED WITH THE SALE OR OTHER DISPOSITION, IT 3,881
SHALL RECEIVE BIDS AFTER ADVERTISING ONCE A WEEK FOR FOUR
CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE 3,882
COUNTY AND, SUBJECT TO THE RIGHT OF THE BOARD TO REJECT ANY OR 3,883
ALL BIDS, MAY MAKE AN AWARD TO A RESPONSIBLE BIDDER WHOSE 3,884
PROPOSAL IS DETERMINED BY THE BOARD TO BE IN THE BEST INTERESTS 3,885
OF THE COUNTY AND THOSE SERVED BY THE FACILITIES.
(B) A CONVEYANCE OF SANITARY OR DRAINAGE FACILITIES BY A 3,887
COUNTY TO A MUNICIPAL CORPORATION IN ACCORDANCE WITH DIVISION (B) 3,888
OF SECTION 6117.05 OF THE REVISED CODE MAY BE MADE WITHOUT REGARD 3,889
TO DIVISION (A) OF THIS SECTION. 3,890
Sec. 6119.36. For IN LIEU OF SUBMITTING TO THE ELECTORS 3,899
FOR APPROVAL THE QUESTION OF A TAX LEVY OUTSIDE THE TEN-MILL 3,900
LIMITATION AND LEVYING THAT TAX FOLLOWING APPROVAL, AS PROVIDED 3,901
FOR IN SECTIONS 6119.31 AND 6119.32 OF THE REVISED CODE, THE 3,902
BOARD OF COUNTY COMMISSIONERS MAY ISSUE SECURITIES, AS DEFINED IN 3,903
SECTION 133.01 OF THE REVISED CODE, INCLUDING ANTICIPATORY
SECURITIES, FOR the purposes PURPOSE of paying the cost of the 3,904
preparation of the data, including plans, specifications, 3,905
82
surveys, and maps needed or determined TO BE necessary OR 3,906
APPROPRIATE in order to plan for the proper supply, purification, 3,909
filtration, and distribution of water or, THE proper collection 3,910
and, treatment, AND DISPOSAL of sewage, OR THE PROPER COLLECTION, 3,912
CONTROL, ABATEMENT, OR TREATMENT OF SURFACE AND SUBSURFACE
DRAINAGE, EACH AND ALL within the LIMITS OF THE county or a part 3,914
thereof OF THE COUNTY or beyond the limits of the county but 3,915
within the same drainage area as is in part within the county, 3,916
and, if the board of county commissioners determines that the 3,917
funds allocated for general operating expenses of the county are 3,918
insufficient to pay the operating expenses for the current year 3,919
and the cost of the preparation of such data, the board in lieu 3,920
of the submission of the question of a levy to the voters and the 3,921
levy of a tax outside the ten-mill limitation as provided for in 3,922
sections 6119.31 and 6119.32 of the Revised Code may issue bonds 3,923
of such subdivision IT TO BE NECESSARY OR APPROPRIATE, FOR THE 3,924
PURPOSE OF PAYING THE COSTS OF ACQUIRING REAL ESTATE OR INTERESTS 3,925
IN REAL ESTATE FOR IMPROVEMENTS FOR ONE OR MORE OF THOSE 3,926
PURPOSES. THE DATA MAY INCLUDE, BUT ARE NOT LIMITED TO, PLANS, 3,927
SPECIFICATIONS, ESTIMATES OF COST, DRILLINGS, MAPS, SOUNDINGS, 3,928
SURVEYS, AND TENTATIVE ASSESSMENTS AGAINST PROPERTIES THAT ARE
POTENTIALLY BENEFITED. THE SECURITIES SHALL BE in an amount not 3,929
exceeding the total estimated cost of the preparation of such 3,931
data to defray the expense of such data AND OF MAKING ANY 3,932
ACQUISITIONS OF REAL ESTATE OR INTERESTS IN REAL ESTATE, TOGETHER 3,933
WITH ALL OTHER ITEMS OF COST THAT ARE INCIDENT TO THAT 3,935
PREPARATION OR THOSE ACQUISITIONS AND THAT ARE DESCRIBED IN
DIVISION (B) OF SECTION 133.15 OF THE REVISED CODE. 3,937
PRIOR TO THE ISSUANCE OR THE FIRST ISSUANCE OF THE 3,939
SECURITIES, THE BOARD SHALL DETERMINE THAT THE FUNDS ALLOCATED 3,940
FOR GENERAL OPERATING EXPENSES OF THE COUNTY ARE INSUFFICIENT TO 3,941
PAY BOTH THOSE OPERATING EXPENSES FOR THE CURRENT YEAR AND THE 3,942
TOTAL ESTIMATED COST TO BE FINANCED UNDER AUTHORITY OF THIS
SECTION. 3,943
83
The SECURITIES SHALL BE CHAPTER 133. SECURITIES, AND THEIR 3,946
issuance of the bonds, or notes in anticipation thereof, shall be 3,947
subject to Chapter 133. of the Revised Code THAT CHAPTER, except 3,949
that the MAXIMUM maturity of the bonds SECURITIES shall not 3,950
extend beyond a period of EXCEED ten years. The proceeds of 3,951
bonds, or notes in anticipation thereof, SECURITIES issued for 3,952
the purpose of paying costs of the improvements for which such 3,954
THE data has been IS prepared, OR FOR WHICH ANY ACQUISITION OF 3,955
REAL ESTATE OR INTEREST IN REAL ESTATE IS MADE may be issued 3,957
APPLIED, WITHOUT REDUCTION OF THEIR MAXIMUM MATURITY, to retire 3,958
notes ANTICIPATORY SECURITIES issued pursuant to this section. 3,959
All moneys raised by the issuance of bonds and notes 3,961
SECURITIES pursuant to this section shall be appropriated for 3,962
APPLIED TO the purpose of preparing such data as PURPOSES 3,964
provided for in section 6119.31 of the Revised Code AND IN THIS 3,966
SECTION.
Section 2. That existing sections 133.15, 315.14, 5555.01, 3,968
5555.43, 5555.46, 5555.51, 5571.15, 5573.07, 6103.01, 6103.02, 3,969
6103.03, 6103.04, 6103.05, 6103.07, 6103.081, 6103.11, 6103.12, 3,971
6103.13, 6103.15, 6103.17, 6103.20, 6103.21, 6103.22, 6103.23, 3,972
6103.24, 6103.25, 6103.29, 6103.31, 6117.01, 6117.011, 6117.02, 3,973
6117.04, 6117.05, 6117.06, 6117.08, 6117.23, 6117.251, 6117.28, 3,974
6117.29, 6117.30, 6117.32, 6117.34, 6117.38, 6117.39, 6117.41, 3,975
6117.42, 6117.43, 6117.44, 6117.45, and 6119.36 and sections 3,976
6103.09 and 6117.26 of the Revised Code are hereby repealed. 3,977
Section 3. The amendments and enactments made by Sections 3,979
1 and 2 of this act shall apply, insofar as their provisions 3,980
support them, to any proceedings, including proceedings defined 3,982
in section 133.01 of the Revised Code, that on the effective date 3,983
of this act are pending, in progress, or complete and that are 3,984
supplemented to provide or confirm compliance with or support by 3,985
the provisions of those amendments and enactments as if they had 3,986
been in effect at the time of those proceedings, and also apply 3,987
to the public obligations authorized, issued, or incurred
84
pursuant to those proceedings, notwithstanding the applicable law 3,988
previously in effect or any provision to the contrary in a prior 3,989
resolution, ordinance, order, advertisement, notice, or other 3,990
proceeding. Any proceedings pending or in progress on the 3,991
effective date of this act, and public obligations authorized,
sold, issued, incurred, delivered, and if applicable, validated 3,992
pursuant to those proceedings, shall be deemed to have been 3,993
taken, and authorized, sold, issued, incurred, delivered, and 3,994
validated, in conformity with those amendments and enactments. 3,995
The authority provided by Sections 1 and 2 of this act 3,997
provides additional and supplemental provisions for the subject 3,998
matter that also may be the subject of other laws and is 3,999
supplemental to and not in derogation of any similar authority 4,000
provided by, derived from, or implied by the Ohio Constitution or
any other law, including sections of the Revised Code amended by 4,001
this act, or any charter, order, resolution, or ordinance, and no 4,002
inference shall be drawn to negate the authority under them by 4,003
reason of express provisions contained in Section 1 of this act. 4,005
The provisions of the Revised Code amended or repealed by 4,007
this act shall be deemed to remain applicable to public 4,008
obligations issued or incurred pursuant to or in reliance on them 4,009
prior to the effective date of those amendments or repeals. 4,010