As Reported by the Senate Energy, Natural Resources 2
and Environment Committee 2
123rd General Assembly 5
Regular Session Sub. H. B. No. 549 6
1999-2000 7
REPRESENTATIVES TERWILLEGER-CORBIN-ALLEN-TAYLOR- 9
NETZLEY-SCHURING-HOLLISTER-REDFERN-CLANCY-OLMAN- 11
EVANS-BENDER-A. CORE-AMSTUTZ-WIDENER-AUSTRIA-CATES-
LOGAN-STEVENS-HOOPS-VESPER-O'BRIEN-ROBERTS- 13
SENATORS CARNES-GARDNER
_________________________________________________________________ 15
A B I L L
To amend sections 133.15, 307.09, 315.14, 5555.01, 17
5555.43, 5555.46, 5555.51, 5571.15, 5573.07, 19
6103.01, 6103.02, 6103.03, 6103.04, 6103.05, 20
6103.07, 6103.081, 6103.11, 6103.12, 6103.13, 21
6103.15, 6103.17, 6103.20, 6103.21, 6103.22,
6103.23, 6103.24, 6103.25, 6103.29, 6103.31, 22
6117.01, 6117.011, 6117.02, 6117.04, 6117.05, 23
6117.06, 6117.08, 6117.23, 6117.251, 6117.28, 24
6117.29, 6117.30, 6117.32, 6117.34, 6117.38,
6117.39, 6117.41, 6117.42, 6117.43, 6117.44, 25
6117.45, and 6119.36, to enact sections 1.62, 26
307.042, 715.90, 5555.022, 6103.40, 6117.49, and
6117.60, and to repeal sections 6103.09 and 28
6117.26 of the Revised Code to modify certain 29
road improvement and water supply, sanitary, and
drainage facilities laws to permit permanent 31
improvements to be made more efficiently and
effectively by simplifying, clarifying, and 32
supplementing the procedures for constructing and 33
financing them, and to permit a lease for a
period of no more than twenty years of property 34
located in a parking facility built or acquired 35
by a county to serve a building housing county
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offices and not needed for public use. 36
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 38
Section 1. That sections 133.15, 307.09, 315.14, 5555.01, 40
5555.43, 5555.46, 5555.51, 5571.15, 5573.07, 6103.01, 6103.02, 42
6103.03, 6103.04, 6103.05, 6103.07, 6103.081, 6103.11, 6103.12, 44
6103.13, 6103.15, 6103.17, 6103.20, 6103.21, 6103.22, 6103.23, 45
6103.24, 6103.25, 6103.29, 6103.31, 6117.01, 6117.011, 6117.02, 46
6117.04, 6117.05, 6117.06, 6117.08, 6117.23, 6117.251, 6117.28, 47
6117.29, 6117.30, 6117.32, 6117.34, 6117.38, 6117.39, 6117.41, 48
6117.42, 6117.43, 6117.44, 6117.45, and 6119.36 be amended and 49
sections 1.62, 307.042, 715.90, 5555.022, 6103.40, 6117.49, and
6117.60 of the Revised Code be enacted to read as follows: 51
Sec. 1.62. AS USED IN THE REVISED CODE, UNLESS THE CONTEXT 54
OF A SECTION DOES NOT PERMIT THE FOLLOWING OR UNLESS EXPRESSLY
PROVIDED OTHERWISE IN A SECTION: 56
(A) REFERENCES TO PARTICULAR COUNTY OFFICERS, BOARDS, 58
COMMISSIONS, AND AUTHORITIES MEAN, IN THE CASE OF A COUNTY THAT 60
HAS ADOPTED A CHARTER UNDER ARTICLE X, OHIO CONSTITUTION, THE 61
OFFICER, BOARD, COMMISSION, OR AUTHORITY OF THAT COUNTY 62
DESIGNATED BY OR PURSUANT TO THE CHARTER TO EXERCISE THE SAME 64
POWERS OR PERFORM THE SAME ACTS, DUTIES, OR FUNCTIONS THAT ARE TO 65
BE EXERCISED OR PERFORMED UNDER THE APPLICABLE SECTION OF THE 66
REVISED CODE BY OFFICERS, BOARDS, COMMISSIONS, OR AUTHORITIES OF
COUNTIES THAT HAVE NOT ADOPTED A CHARTER. 67
(B) REFERENCES TO RESOLUTIONS MEAN, IN THE CASE OF A 69
COUNTY THAT HAS ADOPTED A CHARTER UNDER ARTICLE X, OHIO 71
CONSTITUTION, THE APPROPRIATE FORM OF LEGISLATION PERMITTED BY OR
PURSUANT TO THE CHARTER. 72
Sec. 133.15. (A) The taxing authority of any subdivision 81
may issue securities of the subdivision for the purpose of paying 82
all or any portion of the costs of any permanent improvement that 83
the subdivision is authorized, alone or in cooperation with other 84
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persons, to acquire, improve, or construct. 85
Securities may be issued prior to the completion of any 87
proceedings required to authorize the permanent improvement or 88
the expenditure of the proceeds of the securities. IN ADDITION, 89
PROCEEDINGS FOR THE ISSUANCE OF SECURITIES FOR ANY PERMANENT 90
IMPROVEMENT FOR WHICH SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED 91
AND COLLECTED MAY AUTHORIZE THE IMPROVEMENT AND THE EXPENDITURE 92
OF THE PROCEEDS OF THE SECURITIES AND ANY OTHER FUNDS AVAILABLE 93
AND APPROPRIATED FOR THE IMPROVEMENT, WITHOUT THE PRIOR OR 94
SUBSEQUENT NECESSITY OF INSTITUTING OR COMPLETING ANY OTHER
PROCEEDINGS THAT OTHER PROVISIONS OF THE REVISED CODE THAT 95
CONTEMPLATE THAT SPECIAL ASSESSMENTS MAY BE LEVIED AND COLLECTED 96
FOR THAT TYPE OF IMPROVEMENT OTHERWISE MIGHT REQUIRE BEFORE AN 97
AUTHORIZATION OF THAT TYPE.
(B) Costs of permanent improvements that may be financed 99
with, and paid from the proceeds of, securities include, without 100
limitation as to other costs properly allocable to the permanent 101
improvement, the costs of: acquiring, constructing, 102
reconstructing, rehabilitating, installing, remodeling, 103
renovating, enlarging, equipping, furnishing, or otherwise 104
improving permanent improvements; site clearance, improvement, 105
and preparation; acquisition of real or personal property; 106
indemnity and surety bonds and premiums on insurance; all related 107
direct administrative expenses and allocable portions of direct 108
costs of the subdivision; engineering, architectural, legal, and 109
other consulting and professional services; designs, plans, 110
specifications, feasibility or rate studies, appraisals, surveys, 111
and estimates of cost; interest or interest equivalent on the 112
securities, whether capitalized or not; financing costs; title 113
work and title commitment, insurance, and guaranties; amounts 114
necessary to establish any debt service reserve or other reserves 115
as required by the proceedings for the securities; audits; the 116
reimbursement of moneys advanced or applied by or borrowed from 117
any person, whether to or by the subdivision or others, from 118
4
whatever source provided, for the payment of any item or items of 119
cost of the permanent improvements; and all other expenses 120
necessary or incidental to planning or determining feasibility or 121
practicability with respect to permanent improvements or 122
necessary or incidental to the acquisition, construction, 123
reconstruction, rehabilitation, installation, remodeling, 124
renovating, enlargement, equipping, furnishing, or other 125
improvement of the permanent improvements, the financing of the 126
permanent improvements, and the placing of the permanent 127
improvements in condition for use and operation, and all like or 128
related costs, including any one, part, or combination of, or the 129
subdivision's share of, those costs and expenses. 130
Sec. 307.042. UNLESS PROVIDED FOR BY CONTRACT BETWEEN A 132
COUNTY AND A MUNICIPAL CORPORATION, A COUNTY MAY NOT REGULATE THE 133
UTILITY RATES OF USERS OF A MUNICIPAL UTILITY. 134
Sec. 307.09. (A) If the interests of the county so 143
require, the board of county commissioners may sell any real 144
property belonging to the county and not needed for public use, 145
including all or portions of buildings acquired by the board to 146
house county offices, or may lease or rent the same, but no such 147
lease shall be for a longer term than five years, unless such 148
lease is part of a lease-purchase agreement, in which case the 149
lease may be for a period not exceeding twenty-five years, or 150
unless the lease is to a commercial tenant who uses the property 151
as a retail store room, office, or restaurant, and the leased 152
property is located in a building initially acquired to house 153
county offices OR IN A PARKING FACILITY CONSTRUCTED OR ACQUIRED 154
TO SERVE A BUILDING THAT HOUSES COUNTY OFFICES, in which case the 155
lease may be for a period not exceeding twenty years, and may 157
include provision for one or more renewals for lesser periods. 158
In the case of real property used or to be used for the purpose 159
of airports, landing fields, or air navigational facilities, 160
including restaurants, parking lots, motels, gasoline service 161
stations, public recreation facilities, public parks, office 162
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buildings, retail stores for merchandising or services, and 163
industrial uses located or to be located thereon, or parts 164
thereof, belonging to the county, the primary term of such lease 165
shall not exceed twenty-five years and the board of county 166
commissioners may renew such leases for one or more periods of 167
years. The total of such renewal periods, when added to the 168
primary term of such lease, shall not exceed sixty years. 169
(B) The board may grant leases, rights, and easements to 171
the United States government, to the state or any department or 172
agency thereof, or to municipal corporations or other 173
governmental subdivisions of the state for public purposes, or to 174
privately owned electric light and power companies, or natural 175
gas companies, or telephone or telegraph companies for purposes 176
of rendering their several public utilities services, or to 177
corporations not for profit for hospital, charitable, water, 178
sewer, or recreational purposes, including among other such 179
purposes memorial structures, parks, golf courses, and 180
underground structures, poles, piers, towers, wires, pipe lines 181
PIPELINES, underground cables, and manholes, on or in lands owned 182
by the county where such lease, right, or easement is not deemed 184
by the board to be inconsistent with the need of such land for 185
public use by the county. Any such lease, right, or easement 186
granted to the United States government, to the state or any 187
department or agency thereof, or to a municipal corporation or 188
other governmental subdivision of the state, or to privately 189
owned electric light and power companies, or natural gas 190
companies, or telephone or telegraph companies for purposes of 191
rendering their several public utilities services, or to 192
corporations not for profit for hospital, charitable, water, 193
sewer, or recreational purposes, may be for such length of time, 194
upon such terms, for such purposes, and may provide for such 195
renewals thereof as the board deems for the best interests of the 196
county.
(C) In case of the sale of such real property not used for 198
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county purposes, and in case of a lease of real property used or 199
to be used for the purpose of airports, landing fields, or air 200
navigational facilities, including restaurants, parking lots, 201
motels, gasoline service stations, public recreation facilities, 202
public parks, office buildings, retail stores for merchandising 203
or services, and industrial uses, and in case of such a grant of 204
lease, right, or easement to the United States government, to the 205
state or any department or agency thereof or to a municipal 206
corporation or other governmental subdivision of the state, or to 207
privately owned electric light and power companies, or natural 208
gas companies, or telephone or telegraph companies for purposes 209
of rendering their several public utilities services, or to 210
corporations not for profit for hospital, charitable, water, 211
sewer, or recreational purposes, all or such part of the proceeds 212
thereof as the board designates may be placed by the board in a 213
separate fund to be used only for construction, equipment, 214
furnishing, maintenance, or repair of the county buildings and 215
the acquisition of sites therefor, or for the payment of 216
principal of or interest on bonds of the county issued for any 217
county building. 218
Sec. 315.14. The county engineer shall be responsible for 227
the inspection of all public improvements made under authority of 228
the board of county commissioners. He THE ENGINEER shall keep in 230
suitable books a complete record of all estimates and summaries 231
of bids received and contracts for the various improvements, 232
together with the record of all estimates made for payments on 233
such THAT work. He THE ENGINEER shall make all surveys required 235
by law and, SHALL perform all necessary services to be performed 238
by a registered surveyor or registered professional engineer in 239
connection with the construction, repair, or opening of all 240
county roads or ditches constructed under the authority of the 241
board, and shall perform such other duties as the board requires, 242
provided that the duties described in Chapters 343., 6103., and 243
6117. of the Revised Code shall be performed only pursuant to an 244
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agreement between the county engineer and the board; AN AGREEMENT 245
OF THAT TYPE MAY PROVIDE FOR THE COUNTY ENGINEER'S PERFORMANCE OF 246
DUTIES DESCRIBED IN ONE OR MORE OF THOSE CHAPTERS, AND MAY 247
PROVIDE FOR THE COUNTY ENGINEER'S PERFORMANCE OF ALL DUTIES 248
IMPOSED UPON A COUNTY SANITARY ENGINEER UNDER CHAPTERS 6103. AND 249
6117. OF THE REVISED CODE OR ONLY THE DUTIES IMPOSED UPON A 250
COUNTY SANITARY ENGINEER UNDER CHAPTER 6117. OF THE REVISED CODE 251
IN RELATION TO DRAINAGE. The board shall determine the 252
compensation for performance of the RELEVANT duties described in 253
Chapters 343., 6103., and 6117. of the Revised Code and shall pay 255
the county engineer from funds available under such THE 256
APPLICABLE CHAPTER OR chapters or from the general fund of the 258
county. The performance of the RELEVANT duties described in 259
Chapters 343., 6103., and 6117. of the Revised Code shall not 260
constitute engaging in the private practice of engineering or 261
surveying.
Sec. 715.90. UNLESS PROVIDED FOR BY CONTRACT BETWEEN A 263
COUNTY AND A MUNICIPAL CORPORATION, A MUNICIPAL CORPORATION MAY 264
NOT REGULATE RATES AND CHARGES OF USERS IMPOSED BY A BOARD OF 265
COUNTY COMMISSIONERS UNDER CHAPTER 6103. OR 6117. OF THE REVISED 266
CODE OR FOR ANY COUNTY UTILITY ESTABLISHED UNDER ANY OTHER 268
CHAPTER OF THE REVISED CODE.
Sec. 5555.01. As used in sections 5555.01 to 5555.72, 277
inclusive, of the Revised Code THIS CHAPTER: 278
(A) "COST" OR "COSTS" INCLUDES COMPENSATION, DAMAGES, AND 280
EXPENSES THAT ARE INCIDENT TO AN IMPROVEMENT COVERED BY THIS 281
CHAPTER AND ALL ITEMS OF COST DESCRIBED IN DIVISION (B) OF 282
SECTION 133.15 OF THE REVISED CODE THAT ARE INCIDENT TO AN 283
IMPROVEMENT COVERED BY THIS CHAPTER. 284
(B) "PUBLIC OBLIGATIONS" HAS THE SAME MEANING AS IN 286
SECTION 133.01 OF THE REVISED CODE. 287
(C) "road ROAD" includes any state or county road, or part 290
thereof OF ANY STATE OR COUNTY ROAD, or any state or county road 291
and any municipal corporation street, or part thereof OF A ROAD 292
8
OR STREET OF THOSE TYPES, which form a continuous road 293
improvement.
Sec. 5555.022. (A) A BOARD OF COUNTY COMMISSIONERS, BY 295
RESOLUTION ADOPTED BY A MAJORITY VOTE AND ACTING WITHOUT REGARD 296
TO OR THE NECESSITY FOR A PETITION, MAY FIND THAT THE PUBLIC 297
CONVENIENCE AND WELFARE REQUIRE THE IMPROVEMENT OF ANY PUBLIC 298
ROAD OR ROADS, OR PARTS OF ANY PUBLIC ROAD OR ROADS, IDENTIFIED 299
IN THAT RESOLUTION IN A MANNER PROVIDED IN SECTION 5555.06 OF THE 300
REVISED CODE AND MAY FIX THE ROUTE AND TERMINI OF THE 301
IMPROVEMENT. IF THE BOARD DETERMINES, IN THAT RESOLUTION OR IN A 302
SUBSEQUENT RESOLUTION, THAT SPECIAL ASSESSMENTS ARE NOT TO BE
LEVIED AND COLLECTED TO PAY ANY PART OF THE COUNTY'S COSTS OF THE 303
IMPROVEMENT, THE BOARD, IN THAT RESOLUTION OR IN A SUBSEQUENT 304
RESOLUTION, INCLUDING A RESOLUTION AUTHORIZING THE ISSUANCE OR 305
INCURRENCE OF PUBLIC OBLIGATIONS FOR THE IMPROVEMENT, MAY 306
AUTHORIZE THE IMPROVEMENT AND THE EXPENDITURE OF FUNDS REQUIRED 307
BY THE COUNTY FOR ITS CONSTRUCTION AND MAY PROCEED WITH THE
IMPROVEMENT WITHOUT REGARD TO ANY OTHER PROCEDURES REQUIRED BY 308
SECTIONS 5555.03 TO 5555.42, 5555.45 TO 5555.47, 5555.50, AND 309
5555.81 TO 5555.83 OF THE REVISED CODE EXCEPT AS OTHERWISE 310
PROVIDED IN THIS SECTION.
(B) THIS SECTION APPLIES TO AND AUTHORIZES AN IMPROVEMENT 312
LOCATED WHOLLY WITHIN A SINGLE COUNTY, AN IMPROVEMENT LOCATED IN 313
A COUNTY AND ONE OR MORE OTHER COUNTIES IN THIS STATE, AN 314
IMPROVEMENT ALONG THE COUNTY LINE BETWEEN A COUNTY AND ONE OR 315
MORE OTHER COUNTIES IN THIS STATE, AN IMPROVEMENT EXTENDING FROM 316
A COUNTY INTO OR THROUGH ONE OR MORE ADJOINING COUNTIES IN THIS
STATE, AND AN IMPROVEMENT ON OR ALONG THE LINE BETWEEN THIS STATE 317
AND AN ADJOINING STATE. IF AN IMPROVEMENT INVOLVES MORE THAN ONE 318
COUNTY IN THIS STATE, THE PORTION OF THE COST OF THE IMPROVEMENT 319
TO BE BORNE BY EACH COUNTY, AFTER DEDUCTING ANY AMOUNT AGREED TO 320
BE PAID BY ANY TOWNSHIP IN THAT COUNTY IN WHICH THE IMPROVEMENT 321
IS LOCATED IN WHOLE OR IN PART, SHALL BE DETERMINED, WITHOUT 322
REGARD TO OR NECESSITY FOR A JOINT BOARD OF COUNTY COMMISSIONERS,
9
IN AN AGREEMENT AMONG THE COUNTIES. THOSE COUNTIES MAY PROCEED 323
IN ACCORDANCE WITH THIS SECTION IF SPECIAL ASSESSMENTS ARE NOT TO 324
BE LEVIED AND COLLECTED, OR MAY PROCEED IN ACCORDANCE WITH THE 325
PROVISIONS OF THIS CHAPTER APPLICABLE TO A SINGLE COUNTY 326
IMPROVEMENT IF SPECIAL ASSESSMENTS ARE TO BE LEVIED AND
COLLECTED. IF AN IMPROVEMENT IS ON OR ALONG THE LINE BETWEEN 327
THIS STATE AND AN ADJOINING STATE, THE PORTION OF ITS COST TO BE 328
BORNE BY A COUNTY IN THIS STATE SHALL BE DETERMINED IN AN 329
AGREEMENT BETWEEN THE COUNTY AND THE PROPER AUTHORITIES OF THE 330
ADJOINING STATE OR ITS PARTICIPATING OR COOPERATING SUBDIVISION 331
OR AGENCY.
(C) THE FOLLOWING PROVISIONS ALSO APPLY TO AN IMPROVEMENT 333
UNDERTAKEN PURSUANT TO THIS SECTION: 334
(1) THE IMPROVEMENT AND THE PROCEEDINGS FOR ITS 336
CONSTRUCTION AND FINANCING, INCLUDING A CONTRACT FOR THE 337
CONSTRUCTION, MAY INCLUDE, CONSISTENT WITH THE OTHER PROVISIONS 338
OF THIS SECTION AND NOTWITHSTANDING ANY PROVISIONS OF THIS 339
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 340
THE REVISED CODE RELATING TO CONTRACTS FOR THE CONSTRUCTION OF AN 342
IMPROVEMENT SHALL BE CONSTRUED ACCORDINGLY AND SHALL BE
CONTROLLING TO THE EXTENT APPLICABLE. 343
(2) ANY SURVEYS, PLANS, PROFILES, CROSS SECTIONS, 345
ESTIMATES OF COST, AND SPECIFICATIONS THAT MAY BE REQUIRED: 346
(a) IN THE CASE OF A SINGLE COUNTY IMPROVEMENT, SHALL BE 348
PREPARED BY THE COUNTY ENGINEER AT THE DIRECTION OF THE BOARD OF 349
COUNTY COMMISSIONERS AND SHALL REQUIRE THE BOARD'S APPROVAL; 350
(b) IN THE CASE OF AN IMPROVEMENT UNDERTAKEN COOPERATIVELY 352
BY TWO OR MORE COUNTIES IN THIS STATE, SHALL BE PREPARED BY A 353
COUNTY ENGINEER OF ONE OF THE COUNTIES AS AGREED TO BY THE 354
RELEVANT BOARDS OF COUNTY COMMISSIONERS OR, IF THE BOARDS ARE 355
UNABLE TO SO AGREE AND CERTIFY THAT FACT JOINTLY TO THE DIRECTOR 356
OF TRANSPORTATION, BY A COUNTY ENGINEER OF ONE OF THOSE COUNTIES
DESIGNATED BY THE DIRECTOR, AND THE SURVEYS, PLANS, PROFILES, 357
10
CROSS SECTIONS, ESTIMATES OF COST, AND SPECIFICATIONS SO PREPARED 358
SHALL REQUIRE THE APPROVAL OF EACH OF THE BOARDS; 359
(c) IN THE CASE OF AN IMPROVEMENT ON OR ALONG THE LINE 361
BETWEEN THIS STATE AND AN ADJOINING STATE, SHALL BE PREPARED BY 362
THE COUNTY ENGINEER OF THE COUNTY IN THIS STATE AND SHALL REQUIRE 363
THE APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS AND THE PROPER 364
AUTHORITIES OF THE ADJOINING STATE OR ITS PARTICIPATING OR 365
COOPERATING SUBDIVISION OR AGENCY.
(D) IN THE CASE OF AN IMPROVEMENT UNDERTAKEN PURSUANT TO 367
THIS SECTION ON OR ALONG THE LINE BETWEEN THIS STATE AND AN 368
ADJOINING STATE, A BOARD OF COUNTY COMMISSIONERS ALSO MAY JOIN IN 369
ITS CONSTRUCTION WITH THE DEPARTMENT OF TRANSPORTATION AND THE 370
EQUIVALENT DEPARTMENT OF THE OTHER STATE AS IF THE IMPROVEMENT 371
WERE WHOLLY WITHIN THIS STATE.
(E) IF, IN THE CASE OF AN IMPROVEMENT UNDERTAKEN PURSUANT 373
TO THIS SECTION INVOLVING TWO OR MORE COUNTIES IN THIS STATE, THE 374
BOARDS OF COUNTY COMMISSIONERS OF THE RELEVANT COUNTIES ARE 375
UNABLE TO AGREE UPON THE PORTION OF THE COSTS OF THE IMPROVEMENT 376
TO BE BORNE BY EACH COUNTY AND CERTIFY THAT FACT JOINTLY TO THE 377
DIRECTOR OF TRANSPORTATION, THE DIRECTOR SHALL MAKE THE 378
APPORTIONMENT AND CERTIFY IT TO EACH OF THE COUNTIES.
(F) A BOARD OF COUNTY COMMISSIONERS MAY ORDER THAT THE 380
COUNTY'S COST OF AN IMPROVEMENT UNDERTAKEN PURSUANT TO THIS 381
SECTION BE PAID FROM TAX LEVIES OR A ROAD IMPROVEMENT FUND 382
REFERRED TO IN SECTION 5555.43 OF THE REVISED CODE. A COUNTY MAY 383
ENTER INTO AN AGREEMENT WITH ANY TOWNSHIP IN WHICH THE 384
IMPROVEMENT IS LOCATED IN WHOLE OR IN PART FOR THE ALLOCATION OF 385
THE COST BETWEEN THE COUNTY AND THE TOWNSHIP.
(G) PROCEEDINGS FOR THE APPROPRIATION OF REAL PROPERTY OR 387
INTERESTS IN REAL PROPERTY NEEDED BY A COUNTY FOR AN IMPROVEMENT 388
UNDERTAKEN PURSUANT TO THIS SECTION SHALL TAKE PLACE IN 389
ACCORDANCE WITH SECTIONS 163.01 TO 163.22 OF THE REVISED CODE. 391
(H) IF, IN THE CASE OF AN IMPROVEMENT UNDERTAKEN PURSUANT 393
TO THIS SECTION INVOLVING TWO OR MORE COUNTIES IN THIS STATE, 394
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PUBLIC OBLIGATIONS ARE ISSUED OR INCURRED TO PAY THE COSTS OF THE 395
IMPROVEMENT, THE OBLIGATIONS SHALL BE ISSUED SEPARATELY BY EACH 397
COUNTY FOR ITS PORTION OF THOSE COSTS, AND THE BOARDS OF COUNTY 398
COMMISSIONERS MAY PROVIDE FOR THE CONSTRUCTION OF A PORTION OF 399
THE IMPROVEMENT WHOLLY WITHIN ONE COUNTY AS AND TO THE EXTENT
AUTHORIZED FOR A JOINT BOARD OF COUNTY COMMISSIONERS BY SECTION 400
5555.32 OF THE REVISED CODE. 401
(I) ACTIONS REQUIRED OR AUTHORIZED TO BE TAKEN BY A BOARD 403
OF COUNTY COMMISSIONERS PURSUANT TO THIS SECTION MAY BE TAKEN, 404
CONSISTENT WITH THE OTHER PROVISIONS OF THIS SECTION, BY A 405
MAJORITY VOTE OF THE MEMBERS OF THE BOARD. 406
Sec. 5555.43. The board of county commissioners, UNLESS 415
ACTING PURSUANT TO SECTION 5555.022 OF THE REVISED CODE, or THE 417
joint board of county commissioners, upon a unanimous vote, may 418
ORDER, without a petition therefor, order that all the 420
compensation, damages, and expenses of A COUNTY'S COSTS FOR 421
constructing any improvement be paid out of the proceeds of any 422
tax levies for road purposes on the grand duplicate of the 423
county, or out of any road improvement fund available therefor; 424
FOR THE PAYMENT OF THOSE COSTS, or the board of county 425
commissioners or joint board thereof may enter, BY A SIMILAR VOTE 428
AND WITHOUT A PETITION, into an agreement with the boards of 429
township trustees of the townships in which said THE improvement 430
is situated in whole or in part, whereby THE ENTIRE COST OF THE 432
IMPROVEMENT IS PAID BY the county and townships, or one or more 433
of them, may pay such IN THE AGREED UPON proportion or amount of 435
the damages and expenses as is agreed upon between them COST. 437
Sec. 5555.46. All assessments, with interest accrued on 447
them, made under sections 5555.01 to 5555.72 of the Revised Code 448
shall be placed by the county auditor upon a special duplicate to 449
be collected as other taxes, and the principal OF THE ASSESSMENTS 450
shall be payable in not more than forty semiannual installments 452
extending over a period of not more than twenty years, as 454
determined by the board of county commissioners. If any
12
assessment is twenty-five dollars or less, or if the unpaid 455
balance of any assessment is twenty-five dollars or less, it 456
shall be paid in full, and not in installments, at the time the 457
first or next installment would otherwise become due and payable. 458
If bonds PUBLIC OBLIGATIONS are issued OR INCURRED to pay 460
the compensation, damages, and expenses incident to COSTS OF the 461
improvement, the principal sum of the assessments shall be 463
payable in the A number of equal semiannual installments that 464
will provide a fund for the redemption of the bonds PUBLIC 466
OBLIGATIONS so issued OR INCURRED. The assessments shall bear 468
interest from the date of the issuance of the bonds PUBLIC 469
OBLIGATIONS and at the same rate OR RATES as the bonds PUBLIC 470
OBLIGATIONS, and the interest shall be collected in the same 471
manner as the principal of the assessments.
Sec. 5555.51. The board of county commissioners, in 480
anticipation of the collection of taxes, OR TAXES and 481
assessments, for a road improvement, or any part thereof, OF A 483
ROAD IMPROVEMENT may issue and sell bonds, OR INCUR, PUBLIC 484
OBLIGATIONS of the county under Chapter 133. of the Revised Code 486
in any amount not greater than the aggregate sum necessary to pay 487
the estimated compensation, damages, and expenses of such COSTS 488
OF THE improvement. The making of the ANY special assessments 490
referred to in sections 5555.41 to 5555.50 of the Revised Code 493
shall not be a condition precedent to the issuance OR INCURRENCE 494
of bonds PUBLIC OBLIGATIONS under this section, and such THE 495
special assessments may be made either before or after the 497
issuance OR INCURRENCE of such bonds THE PUBLIC OBLIGATIONS. 498
Sec. 5571.15. The (A) EXCEPT AS PROVIDED IN DIVISION (B) 508
OF THIS SECTION, THE board of township trustees may, without the 509
presentation of a petition, MAY take the necessary steps to 510
construct, reconstruct, resurface, or improve a public road or 512
part thereof, upon the passage of a resolution, by unanimous 514
vote, declaring the necessity therefor FOR THE CONSTRUCTION, 515
RECONSTRUCTION, RESURFACING, OR IMPROVEMENT. The cost thereof 516
13
may be paid by any of the methods provided in section 5573.07 of 518
the Revised Code, as determined by the board in such THE 519
resolution.
(B) IF THE PRIMARY REASON FOR THE RECONSTRUCTION, 521
RESURFACING, OR IMPROVEMENT OF A PUBLIC ROAD OR PART THEREOF IS 522
TO IMPROVE THE DRAINAGE OF WATER FROM THE SURFACE OF THE ROAD, AS 523
DECLARED BY THE RESOLUTION, AND THERE IS NO PRESENTATION OF A 524
PETITION, THE BOARD MAY PROCEED UPON THE PASSAGE OF THE 525
RESOLUTION BY MAJORITY VOTE. THE COST IN SUCH CASE MAY BE PAID
BY EITHER OF THE METHODS PROVIDED IN DIVISION (B) OF SECTION 526
5573.07 OF THE REVISED CODE.
Sec. 5573.07. The compensation, damages, and costs of 535
township road improvements shall be apportioned and paid in any 536
of the following methods, as set forth in the petition: 537
(A) Any part thereof shall be assessed against: 539
(1) The real estate abutting upon said improvement; 541
(2) The real estate situated within one-half mile of 543
either side thereof;
(3) The real estate situated within one mile of either 545
side thereof, according to the benefits accruing to such real 546
estate;
(B) Any balance shall be paid: 548
(1) From the proceeds of any levy for road purposes upon 550
the grand duplicate of all the taxable property in the township; 551
(2) From any funds in the township treasury available 553
therefor.
When the board of township trustees acts by unanimous vote, 555
without the filing of a petition, AS PERMITTED BY DIVISION (A) OF 557
SECTION 5571.15 OF THE REVISED CODE, the board shall set forth in 558
its resolution, declaring THAT DECLARES the necessity for the 560
improvement, the method of apportioning and paying the 561
compensation, damages, and costs of the improvement, which may be 562
any one of the methods provided in this section. 563
WHEN THE BOARD ACTS BY MAJORITY VOTE AS PERMITTED BY 565
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DIVISION (B) OF SECTION 5571.15 OF THE REVISED CODE, THE BOARD 566
SHALL SET FORTH IN ITS RESOLUTION THE METHOD OF PAYING THE 567
COMPENSATION, DAMAGES, AND COSTS OF THE IMPROVEMENT, WHICH MAY BE 569
BY EITHER OF THE METHODS PROVIDED IN DIVISION (B) OF THIS
SECTION. 570
Sec. 6103.01. As used in sections 6103.02 to 6103.30, 579
inclusive, of the Revised Code, "public THIS CHAPTER: 580
(A) "PUBLIC water supply FACILITIES," "WATER SUPPLY 583
FACILITIES," "WATER SUPPLY IMPROVEMENT," OR "IMPROVEMENT" means, 584
WITHOUT LIMITING THE GENERALITY OF THOSE TERMS, WATER wells AND 585
WELL FIELDS, springs, LAKES, RIVERS, streams, or other sources of 587
water supply, INTAKES, pumping STATIONS AND equipment, treatment, 588
FILTRATION, or purification plants, distributing FORCE AND 589
DISTRIBUTION LINES OR mains, cisterns, reservoirs, STORAGE 590
FACILITIES, necessary equipment for fire protection, other 591
RELATED STRUCTURES, equipment, AND FURNISHINGS, and lands, rights 592
of way, and easements REAL ESTATE AND INTERESTS IN REAL ESTATE, 593
necessary for OR USEFUL IN the proper development OF A WATER 595
SUPPLY FOR DOMESTIC OR OTHER PURPOSES and ITS PROPER distribution 596
of the supply. 597
(B) "CURRENT OPERATING EXPENSES," "DEBT CHARGES," 599
"PERMANENT IMPROVEMENT," "PUBLIC OBLIGATIONS," AND "SUBDIVISION" 600
HAVE THE SAME MEANINGS AS IN SECTION 133.01 OF THE REVISED CODE. 601
(C) "CONSTRUCT," "CONSTRUCTION," OR "CONSTRUCTING" MEANS 603
CONSTRUCTION, RECONSTRUCTION, ENLARGEMENT, EXTENSION, 604
IMPROVEMENT, RENOVATION, REPAIR, AND REPLACEMENT OF WATER SUPPLY 605
FACILITIES BUT DOES NOT INCLUDE REPAIRS, REPLACEMENTS, OR SIMILAR 606
ACTIONS THAT DO NOT CONSTITUTE AND QUALIFY AS PERMANENT 607
IMPROVEMENTS.
(D) "MAINTAIN," "MAINTAINING," OR "MAINTENANCE" MEANS 609
REPAIRS, REPLACEMENTS, AND SIMILAR ACTIONS THAT CONSTITUTE AND 610
ARE PAYABLE AS CURRENT OPERATING EXPENSES AND THAT ARE REQUIRED 611
TO RESTORE WATER SUPPLY FACILITIES TO, OR TO CONTINUE WATER 612
SUPPLY FACILITIES IN, GOOD ORDER AND WORKING CONDITION BUT DOES 613
15
NOT INCLUDE CONSTRUCTION OF PERMANENT IMPROVEMENTS.
(E) "PUBLIC AGENCY" MEANS A STATE AND ANY AGENCY OR 615
SUBDIVISION OF A STATE, INCLUDING A COUNTY, A MUNICIPAL 616
CORPORATION, OR OTHER SUBDIVISION.
(F) "COUNTY SANITARY ENGINEER" MEANS EITHER OF THE 618
FOLLOWING:
(1) THE REGISTERED PROFESSIONAL ENGINEER EMPLOYED OR 621
APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS TO BE THE COUNTY 622
SANITARY ENGINEER AS PROVIDED IN SECTION 6117.01 OF THE REVISED 623
CODE;
(2) THE COUNTY ENGINEER, IF, FOR AS LONG AS AND TO THE 625
EXTENT THAT ENGINEER BY AGREEMENT ENTERED INTO UNDER SECTION 627
315.14 OF THE REVISED CODE IS RETAINED TO DISCHARGE THE DUTIES OF 628
A COUNTY SANITARY ENGINEER UNDER THIS CHAPTER. 629
Sec. 6103.02. (A) For the purpose of preserving and 638
promoting the public health and welfare, and providing fire 639
protection, any A board of county commissioners may by resolution 641
acquire, construct, maintain, and operate any public water supply 642
or water-works system FACILITIES within its county for any ONE OR 644
MORE sewer district, DISTRICTS and may provide for the THEIR 645
protection thereof and prevent the THEIR pollution and 647
unnecessary waste thereof. THE BOARD MAY NEGOTIATE AND ENTER 648
INTO A CONTRACT WITH ANY PUBLIC AGENCY OR ANY PERSON FOR THE 649
MANAGEMENT, MAINTENANCE, OPERATION, AND REPAIR OF THE FACILITIES
ON BEHALF OF THE COUNTY, UPON THE TERMS AND CONDITIONS AS MAY BE 650
AGREED UPON WITH THE AGENCY OR PERSON AND AS MAY BE DETERMINED BY 651
THE BOARD TO BE IN THE INTERESTS OF THE COUNTY. By contract with 652
any municipal corporation, PUBLIC AGENCY or any person, firm, or 653
private corporation furnishing a OPERATING public water supply 655
FACILITIES within or without its county, the board ALSO may 657
provide such A supply of water to such A SEWER district from the 659
waterworks FACILITIES of such municipal corporation, THE PUBLIC 660
AGENCY OR person, firm, or private corporation. The 661
(B) THE COUNTY sanitary engineer, or sanitary engineering 664
16
department, of such county, in addition to other ASSIGNED duties 665
assigned to such sanitary engineer or department, shall assist 667
the board in the performance of its duties under sections 6103.02 668
to 6103.30 of the Revised Code, THIS CHAPTER and shall be charged 670
with such other duties and services in relation thereto TO THE 671
BOARD'S DUTIES as the board prescribes. The 672
(C) THE board may adopt, publish, administer, and enforce 675
rules for the construction, maintenance, protection, and use of 676
COUNTY-OWNED OR COUNTY-OPERATED public water supplies in the 677
county SUPPLY FACILITIES outside of municipal corporations, and 678
of public water supplies SUPPLY FACILITIES within municipal 680
corporations in its county wherever such water supplies THAT are 681
constructed OWNED or operated by such board THE COUNTY or THAT 682
are supplied with water from water supplies constructed SUPPLY 683
FACILITIES OWNED or operated by such board THE COUNTY, including, 685
BUT NOT LIMITED TO, RULES FOR the establishment AND USE of ANY 686
connections, THE TERMINATION IN ACCORDANCE WITH REASONABLE 687
PROCEDURES OF WATER SERVICE FOR NONPAYMENT OF COUNTY WATER RATES 688
AND CHARGES, AND THE ESTABLISHMENT AND USE OF SECURITY DEPOSITS 689
TO THE EXTENT CONSIDERED NECESSARY TO ENSURE THE PAYMENT OF 690
COUNTY WATER RATES AND CHARGES. Such THE rules shall not be 692
inconsistent with the laws of the state or the ANY APPLICABLE 693
rules of the DIRECTOR OF environmental protection agency. No 695
(D) NO public water supplies or water pipes or mains 698
SUPPLY FACILITIES shall be constructed in any county outside of 700
municipal corporations by any person, firm, or corporation, 701
except for the purpose of supplying water to such THOSE municipal 703
corporations, until the plans and specifications for the same 704
FACILITIES have been approved by the board. Any such 705
construction CONSTRUCTION shall be done under the supervision of 707
the COUNTY sanitary engineer. Any person, firm, or corporation 708
proposing or constructing such improvements PUBLIC WATER SUPPLY 709
FACILITIES shall pay to the county all expense EXPENSES incurred 711
by the board in connection therewith WITH THE CONSTRUCTION. The 712
17
(E) THE COUNTY sanitary engineer OR THE COUNTY SANITARY 714
ENGINEER'S AUTHORIZED ASSISTANTS OR AGENTS, WHEN PROPERLY 715
IDENTIFIED IN WRITING OR OTHERWISE AND AFTER WRITTEN NOTICE IS 716
DELIVERED TO THE OWNER AT LEAST FIVE DAYS IN ADVANCE OR MAILED AT 717
LEAST FIVE DAYS IN ADVANCE BY FIRST CLASS OR CERTIFIED MAIL TO 718
THE OWNER'S TAX MAILING ADDRESS, may enter upon any public or 720
private property for the purpose of making, AND MAY MAKE, surveys 722
and examinations OR INSPECTIONS necessary for the design or 723
examination EVALUATION of COUNTY public water supplies, and may 724
make such surveys and examinations SUPPLY FACILITIES. THIS ENTRY 725
IS NOT A TRESPASS AND IS NOT TO BE CONSIDERED AN ENTRY IN 726
CONNECTION WITH ANY APPROPRIATION OF PROPERTY PROCEEDINGS UNDER 727
SECTIONS 163.01 TO 163.22 OF THE REVISED CODE THAT MAY BE 728
PENDING. No person, firm, or corporation PUBLIC AGENCY shall 729
forbid or interfere with the COUNTY sanitary engineer or his THE 730
COUNTY SANITARY ENGINEER'S authorized assistants entering OR 733
AGENTS TO ENTER, OR INTERFERE WITH THEIR ENTRY, upon such THE 734
property for such THE purpose, or OF making such THE surveys or 736
examinations INSPECTIONS. If actual damage is done to property 737
by the making of such THE surveys and examinations OR 739
INSPECTIONS, the board shall pay the reasonable value of such THE 741
damage to the PROPERTY owner of the property damaged, and such 743
THE cost shall be included in the assessment upon the property 745
benefited by the improvement for which such surveys and 746
examinations are made THE COST OF THE FACILITIES AND MAY BE
INCLUDED IN ANY SPECIAL ASSESSMENTS LEVIED AND COLLECTED TO PAY 747
THAT COST.
(F) The board shall fix reasonable rates to be charged, 750
INCLUDING PENALTIES FOR LATE PAYMENTS, for water supplied TO 751
PUBLIC AGENCIES AND PERSONS when the source of supply or 752
distributing pipes THE FACILITIES FOR ITS DISTRIBUTION are owned 753
or operated by the county, which rates shall be at least 754
sufficient to pay for all of the cost of operation and
maintenance of improvements for which the resolution declaring 755
18
the necessity thereof shall be passed after July 1, 1958 AND MAY 756
CHANGE THE RATES FROM TIME TO TIME AS IT CONSIDERS ADVISABLE. 757
When the source of THE WATER supply TO BE USED BY THE COUNTY is 758
owned by a municipal corporation ANOTHER PUBLIC AGENCY or any 759
person, firm, or private corporation, the schedule of rates to be 760
charged by such municipal corporation, THE PUBLIC AGENCY OR 761
person, firm, or private corporation shall be ratified APPROVED 763
by the board at the time any IT ENTERS INTO A contract is entered 765
into for the use of water from such municipal corporation, THE 766
PUBLIC AGENCY OR person, firm, or private corporation. When the 767
distributing pipes DISTRIBUTION FACILITIES are owned by the 768
county, the board shall ALSO MAY fix a reasonable tap-in charge 770
and no CHARGES TO BE COLLECTED FOR THE PRIVILEGE OF CONNECTING TO 771
THE DISTRIBUTION FACILITIES AND MAY REQUIRE THAT, PRIOR TO THE 772
CONNECTION, THE CHARGES BE PAID IN FULL OR, IF DETERMINED BY THE 773
BOARD TO BE EQUITABLE IN A RESOLUTION RELATING TO THE PAYMENT OF
THE CHARGES, MAY REQUIRE THEIR PAYMENT IN INSTALLMENTS, AS 774
CONSIDERED ADEQUATE BY THE BOARD, AT THE TIMES, IN THE AMOUNTS, 775
AND WITH THE SECURITY, CARRYING CHARGES, AND PENALTIES AS MAY BE 776
DETERMINED BY THE BOARD IN THAT RESOLUTION TO BE FAIR AND 777
APPROPRIATE. NO PUBLIC AGENCY OR person shall be permitted to 778
tap into such distributing pipes CONNECT TO THOSE FACILITIES 779
until such charge has THE CHARGES HAVE been paid in full OR 782
PROVISION FOR THEIR PAYMENT IN INSTALLMENTS HAS BEEN MADE. When 783
IF THE CONNECTION CHARGES ARE TO BE PAID IN INSTALLMENTS, THE
BOARD SHALL CERTIFY, TO THE COUNTY AUDITOR, INFORMATION 784
SUFFICIENT TO IDENTIFY EACH PARCEL OF PROPERTY SERVED BY A 785
CONNECTION AND, WITH RESPECT TO EACH PARCEL, THE TOTAL OF THE 786
CHARGES TO BE PAID IN INSTALLMENTS, THE AMOUNT OF EACH 787
INSTALLMENT, AND THE TOTAL NUMBER OF INSTALLMENTS TO BE PAID.
THE COUNTY AUDITOR SHALL RECORD AND MAINTAIN THE INFORMATION SO 788
SUPPLIED IN THE WATERWORKS RECORD PROVIDED FOR IN SECTION 6103.16 789
OF THE REVISED CODE UNTIL THE CONNECTION CHARGES ARE PAID IN 790
FULL. THE BOARD MAY INCLUDE AMOUNTS ATTRIBUTABLE TO CONNECTION 791
19
CHARGES BEING PAID IN INSTALLMENTS IN ITS BILLINGS OF RATES AND 792
OTHER CHARGES FOR WATER SUPPLIED.
(G) WHEN any rents RATES or charges are not paid when due, 795
the board may do either ANY or both ALL of the following: 796
(1) Certify them THE UNPAID RATES OR CHARGES, together 798
with any penalties, to the county auditor. The county auditor 800
shall place the certified amount upon the real property tax list 801
and duplicate against the property served by the connection if he 802
also receives from the board additional certification that the 804
unpaid rents or charges have arisen pursuant to a service 805
contract made directly with an owner who occupies the property 806
served. THE CERTIFIED
The amount placed on the tax list and duplicate shall be a 808
lien on the property from the date placed on the REAL PROPERTY 809
TAX list and duplicate and shall be collected in the same manner 811
as other taxes, except that, notwithstanding section 323.15 of 812
the Revised Code, a county treasurer shall accept a payment in 813
such THAT amount when separately tendered as payment for the full 815
amount of such THE unpaid water rents RATES or charges and 817
associated penalties. The lien shall be released immediately 819
upon payment in full of the certified amount. All money 820
collected as rents or tap-in charges or for water-works purposes 821
in any district shall be paid to the county treasurer and kept in 822
a separate and distinct fund to the credit of such district. 823
(2) Collect them THE UNPAID RATES OR CHARGES, TOGETHER 825
WITH ANY PENALTIES, by actions at law in the name of the county 827
from an owner, tenant, or other person who OR PUBLIC AGENCY THAT 828
is liable to pay FOR the rents PAYMENT OF THE RATES or charges; 830
(3) TERMINATE, IN ACCORDANCE WITH ESTABLISHED RULES, THE 832
WATER SERVICE TO THE PARTICULAR PROPERTY UNLESS AND UNTIL THE 833
UNPAID RATES OR CHARGES, TOGETHER WITH ANY PENALTIES, ARE PAID IN 834
FULL;
(4) APPLY, TO THE EXTENT REQUIRED, ANY SECURITY DEPOSIT 836
MADE IN ACCORDANCE WITH ESTABLISHED RULES TO THE PAYMENT OF THE 837
20
UNPAID RATES AND CHARGES, TOGETHER WITH ANY PENALTIES, FOR WATER 838
SERVICE TO THE PARTICULAR PROPERTY. 839
ALL MONEYS COLLECTED AS RATES, CHARGES, OR PENALTIES FIXED 841
OR ESTABLISHED IN ACCORDANCE WITH DIVISION (F) OF THIS SECTION 842
FOR WATER SUPPLY PURPOSES IN OR FOR ANY SEWER DISTRICT SHALL BE 843
PAID TO THE COUNTY TREASURER AND KEPT IN A SEPARATE AND DISTINCT 844
WATER FUND ESTABLISHED BY THE BOARD TO THE CREDIT OF THE 845
DISTRICT.
Each board that assesses FIXES water rents RATES or charges 848
MAY RENDER ESTIMATED BILLS PERIODICALLY, PROVIDED THAT AT LEAST 849
QUARTERLY IT shall determine the actual amount of rents due based 851
upon SCHEDULE an actual reading of each customer's meter at least 853
once in each three-month period, and at least quarterly the board 854
shall SO AS TO render a bill for the actual amount shown by the 856
meter reading to be due, WITH CREDIT FOR PRIOR PAYMENTS OF ANY 857
ESTIMATED BILLS SUBMITTED FOR ANY PART OF THE BILLING PERIOD, 858
except THAT estimated bills may be rendered if access to a 859
customer's meter was unobtainable IS NOT ACCESSIBLE for a timely 860
reading OR IF THE CIRCUMSTANCES PRECLUDE A SCHEDULED READING. 861
Each board that assesses water rents or charges ALSO shall 862
establish procedures providing A fair and reasonable opportunity 863
for THE resolution of billing disputes. 864
When property to which water service is provided is about 866
to be sold, any party to the sale or his AN agent OF A PARTY may 868
request the board to read HAVE the meter at that property READ 870
and to render, within ten days following the date on which the 872
request is made, a final bill for all outstanding rents RATES and 873
charges for water service. Such a THE request shall be made at 875
least fourteen days prior to the transfer of the title of such 877
THE property.
At any time prior to a certification under division 879
(A)(G)(1) of this section, the board shall accept any partial 880
payment of unpaid water rents RATES or charges, in the amount of 881
ten dollars or more. 883
21
Except as otherwise provided in any resolution PROCEEDINGS 885
authorizing or providing for the security FOR and payment of any 887
bonds outstanding on July 1, 1958 or thereafter issued PUBLIC 888
OBLIGATIONS, or in any indenture or trust OR OTHER agreement 890
securing such bonds PUBLIC OBLIGATIONS, such MONEYS IN THE WATER 891
fund shall be applied first to the conduct, PAYMENT OF THE COST 892
OF THE management, MAINTENANCE, and operation of such THE water 894
supply or water-works system FACILITIES OF, OR USED OR OPERATED 895
FOR, THE SEWER DISTRICT, which COST may include THE COUNTY'S 896
SHARE OF MANAGEMENT, MAINTENANCE, AND OPERATION COSTS UNDER 897
COOPERATIVE CONTRACTS FOR THE ACQUISITION, CONSTRUCTION, OR USE
OF WATER SUPPLY FACILITIES AND, in accordance with a cost 899
allocation plan adopted under division (B)(H) of this section, 901
payment of all allowable direct and indirect costs of the water 902
supply or water-works system DISTRICT, the COUNTY sanitary 903
engineer or sanitary engineering department, or a federal or 904
state grant program, incurred for the purposes of this chapter;, 905
and shall be applied second to the payment of interest or 906
principal of any loan, indebtedness or liability DEBT CHARGES 907
PAYABLE ON ANY OUTSTANDING PUBLIC OBLIGATIONS ISSUED OR incurred 908
in connection therewith, or for the creation ACQUISITION OR 909
CONSTRUCTION OF WATER SUPPLY FACILITIES FOR OR SERVING THE 910
DISTRICT, OR FOR THE FUNDING of a sinking BOND RETIREMENT OR 911
OTHER fund ESTABLISHED for the liquidation of any debt created in 913
connection therewith PAYMENT OF OR SECURITY FOR THE OBLIGATIONS. 914
Any surplus thereafter remaining may be applied to the 915
enlargement, replacement, or extension ACQUISITION OR 916
CONSTRUCTION of such water supply or water-works system, but in 919
no case shall money so collected THOSE FACILITIES OR FOR THE 920
PAYMENT OF CONTRIBUTIONS TO BE MADE, OR COSTS INCURRED, FOR THE
ACQUISITION OR CONSTRUCTION OF THOSE FACILITIES UNDER COOPERATIVE 921
CONTRACTS. MONEYS IN THE WATER FUND SHALL NOT be expended 922
otherwise OTHER than for the use and benefit of such THE 924
district. No provision of this section shall limit or restrict 925
22
the power and discretion of the board to determine how much of 926
the cost of such improvements shall be borne by the county at 927
large and how much shall be specially assessed upon benefited 928
properties, nor the power to issue notes and bonds for the share 929
to be borne by the county and in anticipation of the levy or 930
collection of special assessments for the share to be specially 931
assessed, nor the power of the board to levy special assessments 932
upon benefited properties for operation and maintenance whenever 933
the rents and other funds available are not sufficient to pay all 934
the cost thereof. 935
(B)(H) A board of county commissioners may adopt a cost 937
allocation plan that identifies, accumulates, and distributes 938
allowable direct and indirect costs that may be paid from the 939
WATER fund of the water supply or water-works system SEWER 940
DISTRICT created in PURSUANT TO division (A)(G) of this section, 942
and THAT prescribes methods for allocating those costs. The plan 944
shall authorize payment from the fund for OF only those costs 945
incurred by the district, the COUNTY sanitary engineer or 947
sanitary engineering department, or a federal or state grant 948
program, and those costs incurred by the general and other funds 949
of the county for a common or joint purpose, that are necessary 950
and reasonable for the proper and efficient administration of the 951
water supply or water-works system DISTRICT under this chapter. 952
The plan shall not authorize payment from the fund of any general 954
government expense required to carry out the overall governmental 955
responsibilities of a county. The plan shall conform to United 956
States office of management and budget Circular A-87, "Cost 957
Principles for State and, Local, AND INDIAN TRIBAL Governments," 959
published January 15 MAY 17, 1983 1995. 960
Sec. 6103.03. The authority of the A board of county 969
commissioners to provide ACQUIRE, CONSTRUCT, MAINTAIN, AND 970
OPERATE water supply improvements and to maintain and operate the 972
same within FACILITIES FOR A COUNTY sewer districts which include 974
a part or all of the DISTRICT IN territory within one or more OF 975
23
A municipal corporations shall be CORPORATION, OR A REGIONAL 976
DISTRICT ESTABLISHED UNDER CHAPTER 6119. OF THE REVISED CODE, 978
THAT IS IN WHOLE OR IN PART WITHIN THE COUNTY SEWER DISTRICT IS 979
the same as provided by law WITH RESPECT TO TERRITORY within 980
districts A COUNTY SEWER DISTRICT THAT IS wholly outside of A 981
municipal corporation, including the levying of assessments. 983
Such authority shall be limited to main works only, and shall not 984
include construction and maintenance of lateral water mains for 985
local service OR A REGIONAL DISTRICT, SUBJECT TO THE FOLLOWING IN 986
THE CASE OF FACILITIES within such A municipal corporation. The 987
plans, specifications, and estimated cost for any improvement 988
within the corporate limits of such municipal corporation: 989
(A) THE ACQUISITION, CONSTRUCTION, MAINTENANCE, AND 991
OPERATION OF THE FACILITIES shall FIRST be approved AUTHORIZED by 992
AN ORDINANCE OR RESOLUTION OF the legislative authority of such 994
THE municipal corporation prior to the letting of any contract 996
for the construction thereof. All
(B) ALL road surfaces, curbs, sidewalks, sewers, water 999
pipes SUPPLY FACILITIES, or other public IMPROVEMENTS OR property 1,000
THAT MAY BE disturbed or damaged by such THE construction OF THE 1,001
FACILITIES shall be REPLACED OR restored to their original 1,003
condition within a reasonable time by the board COUNTY, and the 1,005
cost thereof shall be TREATED AS a part of the cost of such 1,006
improvement. After such main works are constructed, such 1,007
municipal corporations may use the same as a supply for branch 1,008
and lateral water mains, for the service and use only of that 1,009
part of such THE FACILITIES. 1,010
(C) THE municipal corporation as lies within the area 1,012
assessed or to be assessed for the cost of such main works, 1,013
subject to such, WITH PRIOR APPROVAL OF OR BY AGREEMENT WITH THE 1,014
BOARD, MAY MAKE USE OF THE FACILITIES IN ACCORDANCE WITH rules 1,016
and regulations as are established by the board and subject to 1,017
all ANY APPLICABLE requirements of the director of environmental 1,019
protection.
24
At any time after a district is established comprising or 1,021
including a part or all of the territory within any municipal 1,022
corporation, the legislative authority of such municipal 1,023
corporation may by ordinance or resolution authorize the board to 1,024
proceed with the construction or the maintenance, repair, and 1,025
operation of any water improvement for local service within such 1,026
municipal corporation. After such authority has been granted, 1,027
the board may proceed with the construction or the maintenance, 1,028
repair, and operation of said improvement in the same manner as 1,029
provided by law for improvements in districts wholly outside of 1,030
municipal corporations, under the same restrictions as provided 1,031
in this section for main works. 1,032
Sec. 6103.04. (A) Whenever any portion of a COUNTY sewer 1,041
district is incorporated as a municipal corporation, or annexed 1,043
to, a municipal corporation, the area so incorporated or annexed 1,045
shall remain under the jurisdiction of the board of county 1,046
commissioners for water-works purposes OF THE ACQUISITION AND
CONSTRUCTION OF WATER SUPPLY IMPROVEMENTS until any water supply 1,047
or water-works ALL OF THE improvements for said THE area for 1,049
which detailed plans have been prepared and the resolutions 1,050
declaring the necessity thereof A RESOLUTION DESCRIBED IN 1,051
DIVISION (A) OR (E) OF SECTION 6103.05 OF THE REVISED CODE has 1,052
been adopted by the board have been ACQUIRED OR completed or 1,053
until said THE board has abandoned such projects THE 1,055
IMPROVEMENTS. Such THE BOARD, UNLESS AND UNTIL A CONVEYANCE IS 1,056
MADE TO A MUNICIPAL CORPORATION IN ACCORDANCE WITH DIVISION (B) 1,057
OF THIS SECTION, SHALL CONTINUE TO HAVE JURISDICTION IN THE AREA 1,058
SO INCORPORATED OR ANNEXED WITH RESPECT TO THE MANAGEMENT,
MAINTENANCE, AND OPERATION OF ALL WATER SUPPLY IMPROVEMENTS SO 1,060
ACQUIRED OR COMPLETED, OR PREVIOUSLY ACQUIRED OR COMPLETED, 1,061
INCLUDING THE RIGHT TO ESTABLISH RULES AND RATES AND CHARGES FOR 1,062
THE USE OF, AND CONNECTIONS TO, THE IMPROVEMENTS. THE 1,063
incorporation or annexation of any part of a district shall not 1,065
interfere with or render illegal AFFECT THE LEGALITY OR 1,066
25
ENFORCEABILITY OF any issue of bonds or certificate of 1,067
indebtedness made PUBLIC OBLIGATIONS ISSUED OR INCURRED by the 1,068
board in accordance with sections 6103.02 to 6103.30, inclusive, 1,070
of the Revised Code, COUNTY FOR PURPOSES OF THIS CHAPTER to 1,071
provide FOR THE payment for OF the cost of ACQUISITION, 1,072
construction and, maintenance, OR OPERATION of any water SUPPLY 1,075
improvements within such THE area, or with THE VALIDITY OF any 1,076
assessments levied or to be levied upon the property PROPERTIES 1,077
within such THE area to provide for the payment of the cost of 1,079
ACQUISITION, construction and, maintenance, OR OPERATION OF THE 1,080
IMPROVEMENTS. 1,081
(B) ANY COMPLETED WATER SUPPLY FACILITIES ACQUIRED OR 1,083
CONSTRUCTED BY A COUNTY UNDER THIS CHAPTER FOR THE USE OF ANY 1,084
COUNTY SEWER DISTRICT, OR ANY PART OF THOSE FACILITIES, THAT ARE 1,085
LOCATED WITHIN A MUNICIPAL CORPORATION OR WITHIN ANY AREA THAT IS 1,087
INCORPORATED AS, OR ANNEXED TO, A MUNICIPAL CORPORATION, OR ANY 1,088
PART OF THE FACILITIES THAT PROVIDE WATER FOR A MUNICIPAL
CORPORATION OR SUCH AN AREA, MAY BE CONVEYED, BY MUTUAL AGREEMENT 1,089
BETWEEN THE BOARD AND THE MUNICIPAL CORPORATION, TO THE MUNICIPAL 1,090
CORPORATION ON TERMS AND FOR CONSIDERATION AS MAY BE NEGOTIATED. 1,091
UPON AND AFTER THE CONVEYANCE, THE MUNICIPAL CORPORATION SHALL 1,092
MANAGE, MAINTAIN, AND OPERATE THE FACILITIES IN ACCORDANCE WITH 1,094
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 1,095
DISTRICT. NEITHER THE VALIDITY OF ANY ASSESSMENT LEVIED OR TO BE 1,096
LEVIED, NOR THE LEGALITY OR ENFORCEABILITY OF ANY PUBLIC 1,097
OBLIGATIONS ISSUED OR INCURRED, TO PROVIDE FOR THE PAYMENT OF THE 1,098
COST OF THE ACQUISITION, CONSTRUCTION, MAINTENANCE, OR OPERATION 1,099
OF THE FACILITIES OR ANY PART OF THEM SHALL BE AFFECTED BY THE
CONVEYANCE. 1,100
Sec. 6103.05. (A) After the establishment of any COUNTY 1,109
sewer district, the board of county commissioners, IF A WATER 1,111
SUPPLY IMPROVEMENT IS TO BE UNDERTAKEN, may have prepared by the 1,113
county sanitary engineer PREPARE, OR OTHERWISE CAUSE TO BE
26
PREPARED, FOR THE DISTRICT, OR REVISE AS NEEDED, a general plan 1,115
of water supply and water works for such district THAT IS as 1,116
complete as can be made DEVELOPED at that THE time. After such 1,118
THE general plan, IN ORIGINAL OR REVISED FORM, has been approved 1,119
by the board, IT MAY ADOPT A RESOLUTION GENERALLY DESCRIBING THE 1,120
WATER SUPPLY IMPROVEMENT THAT IS NECESSARY TO BE ACQUIRED OR 1,121
CONSTRUCTED IN ACCORDANCE WITH THE PLAN, DECLARING THAT THE
IMPROVEMENT IS NECESSARY FOR THE PRESERVATION AND PROMOTION OF 1,122
THE PUBLIC HEALTH AND WELFARE, AND DETERMINING WHETHER OR NOT 1,123
SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED TO PAY ANY 1,124
PART OF THE COST OF THE IMPROVEMENT.
(B) IF SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED AND 1,126
COLLECTED TO PAY ANY PART OF THE COST OF THE IMPROVEMENT, THE 1,127
BOARD, IN THE RESOLUTION PROVIDED FOR IN DIVISION (A) OF THIS 1,128
SECTION OR IN A SUBSEQUENT RESOLUTION, INCLUDING A RESOLUTION 1,129
AUTHORIZING THE ISSUANCE OR INCURRENCE OF PUBLIC OBLIGATIONS FOR 1,130
THE IMPROVEMENT, MAY AUTHORIZE THE IMPROVEMENT AND THE
EXPENDITURE OF THE FUNDS REQUIRED FOR ITS ACQUISITION OR 1,131
CONSTRUCTION AND MAY PROCEED WITH THE IMPROVEMENT WITHOUT REGARD 1,132
TO THE PROCEDURES OTHERWISE REQUIRED BY DIVISIONS (C), (D), AND 1,133
(E) OF THIS SECTION AND BY SECTIONS 6103.06, 6103.07, AND 6117.09 1,134
TO 6117.24 OF THE REVISED CODE. THOSE PROCEDURES SHALL BE 1,135
REQUIRED ONLY FOR IMPROVEMENTS FOR WHICH SPECIAL ASSESSMENTS ARE 1,136
TO BE LEVIED AND COLLECTED.
(C) IF SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED 1,138
PURSUANT TO A DETERMINATION MADE IN THE RESOLUTION PROVIDED FOR 1,139
IN DIVISION (A) OF THIS SECTION OR IN A SUBSEQUENT RESOLUTION, 1,140
THE PROCEDURES REFERRED TO IN DIVISION (B) OF THIS SECTION AS 1,141
BEING REQUIRED FOR THAT PURPOSE SHALL APPLY, AND THE BOARD MAY 1,142
HAVE the COUNTY sanitary engineer shall prepare, OR OTHERWISE 1,144
CAUSE TO BE PREPARED, detailed plans, specifications, and 1,145
estimates AN ESTIMATE of cost of such part of FOR the improvement 1,147
as it is necessary to then construct, together with a tentative 1,148
assessment of the cost based on such THE estimate. Such THE 1,149
27
tentative assessment shall be for the information of property 1,150
owners, and shall not be LEVIED OR certified to the county 1,151
auditor for collection. Such THE detailed plans, specifications, 1,153
estimates ESTIMATE of cost, and tentative assessment, as so 1,155
prepared by the sanitary engineer and IF approved by the board, 1,157
shall be carefully preserved in the office of the board or the 1,158
COUNTY sanitary engineer and shall be open to THE inspection of 1,159
all persons interested in such improvements THE IMPROVEMENT. 1,160
(B)(D) After THE BOARD'S approval of the detailed plans, 1,163
specifications, estimates ESTIMATE of cost, and tentative 1,164
assessment, and at least twenty-four days before adopting a 1,166
resolution as required by PURSUANT TO division (C)(E) of this 1,168
section, the board, EXCEPT TO THE EXTENT THAT APPROPRIATE WAIVERS 1,169
OF NOTICE ARE OBTAINED FROM AFFECTED OWNERS, shall send CAUSE TO 1,170
BE SENT a notice of its intent to consider or adopt a resolution 1,172
to each owner of property PROPOSED TO BE ASSESSED that is listed 1,173
on the records of the county auditor for current agricultural use 1,175
value taxation pursuant to section 5713.31 of the Revised Code 1,176
and that is not located in an agricultural district established 1,177
under section 929.02 of the Revised Code. The notice shall 1,178
SATISFY ALL OF THE FOLLOWING:
(1) Be sent by first class or certified mail; 1,180
(2) Specify the proposed date of the adoption of the 1,182
resolution; 1,183
(3) Contain a statement that the project IMPROVEMENT will 1,185
be financed in whole or in part by special assessments and that 1,187
all owners of property PROPERTIES not located in an agricultural 1,188
district established pursuant to section 929.02 of the Revised 1,190
Code may be subject to a special assessment; and 1,191
(4) Contain a statement that an agricultural district may 1,193
be established by filing an application with the county auditor. 1,194
If it appears, by the return of the mailed notices or by 1,196
other means, that one or more of the AFFECTED owners of property 1,198
cannot be found or are not served by the mailed notice, the board 1,199
28
shall publish CAUSE the notice TO BE PUBLISHED ONCE in a 1,200
newspaper of general circulation within IN the county not later 1,202
than ten days before the adoption of the resolution. 1,203
(C)(E) After complying with divisions (A), (C), and (B)(D) 1,206
of this section, the board shall MAY adopt a resolution declaring 1,207
that such THE improvement, describing the same WHICH SHALL BE 1,209
DESCRIBED AS TO ITS NATURE and ITS location, route, and termini 1,210
thereof, is necessary for the preservation and promotion of THE 1,211
public health and welfare and to provide fire protection, 1,212
referring to the plans, specifications, estimates ESTIMATE of 1,213
cost, and tentative assessment, stating the place where they are 1,215
on file and may be examined, what part of AND PROVIDING THAT the 1,216
ENTIRE cost OR A LESSER DESIGNATED PART OF THE COST will be paid 1,218
by the county at large, and what part will be specially assessed 1,219
against the benefited property PROPERTIES within the district AND 1,220
THAT ANY BALANCE WILL BE PAID BY THE COUNTY AT LARGE FROM OTHER 1,221
AVAILABLE FUNDS. Such THE resolution shall also SHALL contain a 1,223
description of the boundaries of that part of the district to be 1,225
assessed, and may include the estimated cost of maintaining the 1,226
improvement for one year. The resolution shall designate a time 1,227
and place, to be fixed by the board, when and where FOR 1,228
objections to the improvement, to the tentative assessment, or to 1,229
the boundaries of the assessment district will TO be heard by the 1,231
board. The date of such THAT hearing shall be not less than 1,233
twenty-four days after the date of the first publication of the 1,234
notice of THE hearing required by this section DIVISION. 1,235
The board shall cause a notice of the hearing to be 1,237
published once a week for two consecutive weeks in a newspaper of 1,238
general circulation within IN the county, and on or before the 1,239
date of the second publication, it shall send CAUSE TO BE SENT by 1,242
ordinary first class or certified mail a copy of the notice to 1,244
every owner of property to be assessed for such THE improvement 1,245
whose address is known.
The notice shall set forth the time and place of the 1,247
29
hearing, a summary description of the proposed improvement, 1,248
including its general route and termini, a summary description of 1,249
the area to be assessed CONSTITUTING THE ASSESSMENT DISTRICT, and 1,251
the place where the plans, specifications, estimates ESTIMATE of 1,252
cost, and tentative assessments ASSESSMENT are on file and may be 1,254
examined. The EACH MAILED notice shall also SHALL include a 1,255
statement that the property of the addressee will be assessed for 1,256
such THE improvement. Notice of such hearing THE NOTICE ALSO 1,258
shall be mailed SENT BY FIRST CLASS OR CERTIFIED MAIL, ON OR 1,259
BEFORE THE DATE OF THE SECOND PUBLICATION, to the clerk, OR THE 1,261
OFFICIAL DISCHARGING THE DUTIES OF A CLERK, of any municipal 1,262
corporation any part of which lies within the assessment district 1,263
AND SHALL STATE WHETHER OR NOT ANY PROPERTY BELONGING TO THE 1,264
MUNICIPAL CORPORATION IS TO BE ASSESSED AND, IF SO, SHALL
IDENTIFY THAT PROPERTY. A 1,265
AT THE hearing shall be granted by, OR AT ANY ADJOURNMENT 1,268
OF THE HEARING, OF WHICH NO FURTHER PUBLISHED OR MAILED NOTICE
NEED BE GIVEN, the board to SHALL HEAR all parties interested at 1,270
the time and place fixed by such resolution and notice WHOSE 1,272
PROPERTIES ARE PROPOSED TO BE ASSESSED. Written objections to or 1,273
indorsements ENDORSEMENTS of the proposed improvement, the ITS 1,275
character and termini thereof, the boundaries of the assessment 1,277
district, or the tentative assessment shall be received by the 1,278
board for a period of five days after the COMPLETION OF THE 1,279
hearing, and no action shall be taken by the board in the matter 1,281
until after such THAT period has elapsed. The minutes of the 1,283
hearing shall be entered on the journal of the board showing the 1,284
persons who appear in person or by attorney, and all written 1,285
objections shall be preserved and filed in the office of the 1,286
board.
Sec. 6103.07. After the passage ADOPTION of the A 1,295
resolution to proceed with an improvement, as provided in section 1,297
6103.06 of the Revised Code, no further action THE CONSTRUCTION 1,299
OF THE IMPROVEMENT shall be taken or work done in connection 1,300
30
therewith DEFERRED until ten days have elapsed. If, at the 1,301
expiration of such THAT period, no appeal has been effected by 1,302
any property owner, as provided in sections 6117.09 to 6117.24, 1,303
inclusive, of the Revised Code, THE ACTION OF THE BOARD OF COUNTY 1,304
COMMISSIONERS SHALL BE FINAL, AND the board may PROCEED TO issue 1,306
and sell bonds or certificates of indebtedness INCUR PUBLIC 1,308
OBLIGATIONS and construct such THE improvement. If, at the end 1,309
of THAT ten days, any owner of property to be assessed or taxed 1,311
for the improvement has effected an appeal, then said work THE 1,313
CONSTRUCTION OF THE IMPROVEMENT shall not be proceeded with 1,314
DEFERRED until the matters appealed from have been disposed of in 1,315
court.
Sec. 6103.081. (A) After the establishment of any COUNTY 1,324
sewer district, the board of county commissioners may determine 1,326
by resolution that it is necessary to provide water supply 1,327
improvements and to maintain and operate the same IMPROVEMENTS 1,328
within the sewer district or a designated portion thereof and OF 1,329
THE DISTRICT, that such water supply THE improvements, WHICH 1,331
SHALL BE generally described in such THE resolution, shall be 1,332
constructed, THAT FUNDS ARE REQUIRED TO PAY THE PRELIMINARY COSTS 1,333
OF THE IMPROVEMENTS TO BE INCURRED PRIOR TO THE COMMENCEMENT OF 1,334
THE PROCEEDINGS FOR THEIR CONSTRUCTION, AND THAT THOSE FUNDS
SHALL BE PROVIDED IN ACCORDANCE WITH THIS SECTION. 1,335
(B) Prior to the adoption of such THE resolution, the 1,337
board of county commissioners shall give notice of the ITS 1,339
pendency thereof and of the proposed determination of the 1,341
necessity of the improvements therein generally described, which 1,342
IN THE RESOLUTION. THE notice shall set forth a description of 1,343
the properties to be benefited by the improvements and the time 1,344
and place of A hearing of objections to and endorsements of the 1,346
improvements. Such THE notice shall be given EITHER by 1,347
publication in a newspaper of general circulation IN THE COUNTY 1,349
once a week for two consecutive weeks, OR BY MAILING A COPY OF 1,350
THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO THE OWNERS OF THE 1,351
31
PROPERTIES PROPOSED TO BE ASSESSED AT THEIR RESPECTIVE TAX 1,352
MAILING ADDRESSES, OR BY BOTH MANNERS, the first publication to 1,353
be MADE OR THE MAILING TO OCCUR at least two weeks prior to the 1,354
date set for the hearing. At such THE hearing, or at any 1,355
adjournment thereof OF THE HEARING, of which no further published 1,357
OR MAILED notice need be given, the board of county commissioners 1,358
shall hear all persons whose properties are proposed to be 1,359
assessed, and such THE evidence as is deemed IT CONSIDERS to be 1,361
necessary, and shall. THE BOARD then SHALL determine the 1,362
necessity of the proposed improvement, IMPROVEMENTS and in 1,363
addition shall determine whether such THE improvements shall be 1,366
made by the board of county commissioners and, IF THEY ARE TO BE 1,367
MADE, shall direct the preparation of tentative assessments upon 1,368
the benefited properties and by whom they shall be prepared. 1,369
Thereupon in (C) IN order to obtain funds for the 1,371
preparation of a general OR REVISED GENERAL plan of water supply 1,373
and waterworks for such THE district or part thereof and OF THE 1,374
DISTRICT, FOR THE PREPARATION OF the detailed plans, 1,375
specifications, estimates ESTIMATE of cost, preparation of the 1,376
AND tentative assessment FOR THE PROPOSED IMPROVEMENTS, and FOR 1,377
the cost of financing and legal services incident to the 1,378
preparation of all of such THOSE plans and a plan of financing 1,379
the proposed improvement IMPROVEMENTS, the board of county 1,381
commissioners may levy upon the property PROPERTIES to be 1,383
benefited in such THE district a preliminary assessment 1,384
apportioned according to benefits or to tax valuation or partly 1,386
by one method and partly BY the other METHOD as the board of 1,388
county commissioners may determine. Such THE assessments shall 1,389
be in the amount determined to be necessary to obtain funds for 1,390
such THE general and detailed plans and such costs THE COST of 1,392
financing and legal services and shall be payable in such THE 1,394
number of years as THAT the board of county commissioners shall 1,395
determine, not to exceed twenty years, together with interest on 1,396
any notes and bonds which PUBLIC OBLIGATIONS THAT may be issued 1,398
32
OR INCURRED in anticipation of the collection of such THE 1,400
assessments. 1,401
(D) The board of county commissioners shall have power at 1,403
any time to levy additional assessments according to benefits or 1,405
to tax valuation or partly by one method and partly by the other 1,406
METHOD as the board of county commissioners may determine for 1,408
such THE purposes DESCRIBED IN DIVISION (C) OF THIS SECTION upon 1,409
such THE BENEFITED properties to complete the payment of such THE 1,411
costs DESCRIBED IN DIVISION (C) OF THIS SECTION or to pay the 1,413
cost of any additional plans, specifications, estimates ESTIMATE 1,414
of cost, OR tentative assessments ASSESSMENT and the cost of 1,415
financing and legal services incident to the preparation of such 1,416
THOSE plans and such THE plan of financing, which additional 1,418
assessments shall be payable in such THE number of years as THAT 1,419
the legislative authority BOARD shall determine, not to exceed 1,420
twenty years, together with interest on any notes and bonds which 1,422
PUBLIC OBLIGATIONS THAT may be issued OR INCURRED in anticipation 1,423
of the collection thereof OF THE ADDITIONAL ASSESSMENTS. 1,425
(E) Prior to the adoption of the A resolution levying such 1,428
assessments UNDER THIS SECTION, the board shall give at least ten 1,429
days' notice EITHER BY ONE PUBLICATION in one A newspaper of 1,430
general circulation in the county which shall state, OR BY 1,432
MAILING A COPY OF THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO 1,433
THE OWNERS OF THE PROPERTIES PROPOSED TO BE ASSESSED AT THEIR 1,434
RESPECTIVE TAX MAILING ADDRESSES, OR BY BOTH MANNERS, THE 1,435
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 1,437
MEETING AT WHICH THE resolution shall be taken up for 1,439
consideration; THAT NOTICE SHALL STATE THE TIME AND PLACE OF THE 1,440
MEETING AT WHICH THE RESOLUTION IS TO BE CONSIDERED. At such THE 1,441
time and place OF THE MEETING, or at any adjournment thereof OF 1,443
THE MEETING, of which no further published OR MAILED notice need 1,444
be given, the board shall hear all persons whose properties are 1,445
proposed to be assessed, shall correct any errors and make any 1,446
33
revisions that appear to be necessary or just, and may then pass 1,447
MAY ADOPT a resolution levying upon the properties determined to 1,448
be benefited such THE assessments as so corrected and revised. 1,449
The assessments levied by such THE resolution shall be 1,451
certified to the county auditor for collection IN THE SAME MANNER 1,453
as other taxes in the year or years in which they are payable. 1,455
(F) Upon the adoption of such THE resolution DESCRIBED IN 1,458
DIVISION (E) OF THIS SECTION, no further action shall be taken or 1,459
work done until ten days have elapsed. If, at the expiration of 1,460
such THAT period, no appeal has been effected by any property 1,462
owner as herein provided IN THIS DIVISION, the action of the 1,465
board shall be final. If, at the end of THAT ten days, any owner 1,466
of property to be assessed for the improvement IMPROVEMENTS has 1,467
effected such an appeal then, no further action shall be taken 1,469
and no work done in connection with such THE improvements under 1,472
said THE resolution until the matters appealed from have been 1,473
disposed of in court. 1,474
Any owner of property to be assessed may appeal as provided 1,476
and upon the grounds stated in sections 6117.09 to 6117.24, 1,477
inclusive, of the Revised Code. 1,478
If no appeal has been perfected or if on appeal the 1,480
resolution of award of county commissioners THE BOARD is 1,481
sustained, the board of county commissioners may authorize AND 1,483
ENTER INTO contracts to carry out the purpose for which such THE 1,484
assessments have been levied without the prior issuance of notes, 1,485
provided that the payments due by the board of county 1,487
commissioners UNDER THOSE CONTRACTS do not fall due prior to the 1,488
time in BY which such THE assessments shall ARE TO be collected. 1,490
The board of county commissioners shall also have the power to 1,492
MAY issue and sell its bonds with a maximum maturity of twenty 1,494
years in anticipation of the collection of such THE assessments 1,495
and may issue its notes in anticipation of the issuance of such 1,496
THE bonds, which notes and bonds, AS PUBLIC OBLIGATIONS, shall be 1,498
issued and sold as provided in Chapter 133. of the Revised Code. 1,500
34
Sec. 6103.11. Whenever the owners of all the lots and 1,509
lands to be benefited by and to be assessed for any water supply 1,511
or water-works system, IMPROVEMENT provided for in sections 1,513
6103.02 to 6103.30, inclusive, of the Revised Code THIS CHAPTER, 1,514
by petition in writing, request the board of county commissioners 1,515
to provide for the ACQUISITION OR construction, maintenance, and 1,516
operation of any such THE improvement, describing the improvement 1,518
desired and the lots and lands owned by them respectively to be 1,520
assessed to pay the cost and OF ACQUISITION OR CONSTRUCTION, 1,522
maintenance, AND OPERATION of such THE improvement, and 1,523
consenting that their said lots and lands may be assessed to pay 1,524
the cost of such THE ACQUISITION OR CONSTRUCTION OF THE 1,525
improvement and of ITS maintenance and operation as provided in 1,526
such sections THIS CHAPTER, and waive notice and the publication 1,528
of all resolutions and legal notices provided for in such 1,530
sections OTHERWISE REQUIRED, the board shall MAY have THE COUNTY 1,532
SANITARY ENGINEER PREPARE, OR OTHERWISE CAUSE TO BE prepared, the 1,533
necessary plans, specifications, and estimates ESTIMATE of cost 1,535
of THE ACQUISITION OR construction, maintenance, and operation 1,538
thereof, OF THE IMPROVEMENT and a tentative assessment. When all 1,539
of the owners of the lots and lands to be benefited by and 1,540
assessed for the proposed improvement in writing state, IN 1,541
WRITING, that they have examined the estimated ESTIMATE OF cost 1,542
and tentative assessment as made by the county sanitary engineer, 1,543
that they have no objections thereto TO THEM, and that, in case 1,545
bonds are sold PROPOSED TO BE ISSUED prior to the ACQUISITION OR 1,547
construction of the improvement, they waive their right or option 1,548
to pay the assessments in cash, then the board shall MAY proceed, 1,550
as provided in such sections, THIS CHAPTER to construct such 1,552
CAUSE THE improvement TO BE ACQUIRED OR CONSTRUCTED and make 1,553
provisions TO CAUSE PROVISION TO BE MADE for the payment of the 1,554
cost of ITS ACQUISITION OR construction, maintenance, and 1,555
operation, as provided in such sections, except that none of the 1,557
notices or publications OTHERWISE required by law need be made 1,558
35
nor any GIVEN AND NO opportunity NEED be given PROVIDED for the 1,559
filing of objections to the improvement, ITS CHARACTER AND 1,560
TERMINI, THE BOUNDARIES OF THE ASSESSMENT DISTRICT, or to the 1,561
assessments, TENTATIVE ASSESSMENT or, if bonds have been sold ARE 1,563
ISSUED PRIOR TO THE ACQUISITION OR CONSTRUCTION OF THE 1,564
IMPROVEMENT, for paying the assessments in cash, and the. THE 1,566
board shall forthwith MAY proceed to authorize and issue bonds or 1,567
certificates INCUR PUBLIC OBLIGATIONS IN THE REQUIRED AMOUNT, 1,568
COMPLETE THE ACQUISITION OR CONSTRUCTION of indebtedness THE 1,569
IMPROVEMENT, and levy and collect the assessments authorized by 1,572
sections 6103.02 to 6103.30, inclusive, of the Revised Code, and 1,573
no THIS CHAPTER. NO person, firm, or corporation PUBLIC AGENCY 1,575
shall have the right to appeal from any decision or action of the 1,577
board in the matter except refusal by the board to proceed with
such THE improvement. The 1,579
THE tentative assessment provided for in this section shall 1,581
be for the information of property owners and shall not be LEVIED 1,582
OR certified to the county auditor for collection. On completion 1,586
of the work IMPROVEMENT, the ITS cost thereof shall be 1,587
determined, including incidental expense as defined in sections 1,589
6103.02 to 6103.30, inclusive, of the Revised Code, and a revised 1,591
assessment shall be prepared by the COUNTY sanitary engineer 1,592
SHALL PREPARE, OR OTHERWISE CAUSE TO THE BE PREPARED, A REVISED 1,593
ASSESSMENT based on such THE actual cost and in substantially the 1,595
same proportion as the tentative assessment. The board shall 1,596
confirm such AND LEVY THE revised assessment and certify the same 1,598
IT to the COUNTY auditor for collection. 1,599
Sec. 6103.12. The cost of any improvement provided for in 1,608
sections 6103.02 to 6103.30, inclusive, of the Revised Code, THIS 1,610
CHAPTER and the cost of the ITS maintenance and operation 1,612
thereof, shall include, in addition to the cost of ITS
ACQUISITION OR construction, the cost of engineering, necessary 1,614
publications, inspection, interest on certificates of 1,615
indebtedness or on bonds PUBLIC OBLIGATIONS, and all other items 1,616
36
of cost incident to such THE improvement AS DESCRIBED IN DIVISION 1,617
(B) OF SECTION 133.15 OF THE REVISED CODE. The county may pay 1,618
FROM AVAILABLE COUNTY FUNDS any part of the cost of such THE 1,619
improvement and any part of the COST OF ITS maintenance and 1,620
operation thereof if the board of county commissioners deems such 1,622
CONSIDERS THE payment TO BE just. 1,623
Sec. 6103.13. The cost and expense of the ACQUISITION OR 1,632
construction of a main, branch, local or reinforcing pipe line 1,634
and water supply FACILITIES to be paid by assessments shall be 1,637
assessed, as an assessment district assessment, upon all the
property within said THE COUNTY SEWER district found to be 1,639
benefited in accordance with the special benefits conferred, less 1,641
such ANY part of said THE cost as shall be THAT IS paid by the 1,642
county at large FROM OTHER AVAILABLE FUNDS. State land so 1,644
benefited and any state land benefited by pavement, sidewalk, 1,645
sewage, or other improvement of value shall bear its proportion 1,646
PORTION of THE assessed costs according to its special benefit 1,648
COST.
Sec. 6103.15. The county sanitary engineer, upon the 1,657
completion of any improvement under sections 6103.02 to 6103.30, 1,658
inclusive, of the Revised Code IN ACCORDANCE WITH THIS CHAPTER, 1,659
shall prepare, OR OTHERWISE CAUSE TO BE PREPARED, and SHALL 1,661
present to the board of county commissioners, a revised 1,662
assessment, based on the tentative assessment previously ratified 1,663
by the board for such THE improvement, or, if such THE tentative 1,666
assessment has been revised by order of court, BASED on such THE 1,669
revised tentative assessment, the assessment levied on each piece 1,671
of property being modified in substantially the same proportion
as the actual cost of the work IMPROVEMENT, including incidental 1,672
costs, bears to the estimated cost on which such THE tentative 1,675
assessment was based. No notice of such THE revised assessment 1,677
shall be given unless such THE actual cost exceeds the estimated 1,678
cost. If the actual cost exceeds the estimated cost, notice 1,679
shall be given TO all property owners within the assessment 1,681
37
district and shall be published as provided by section 6103.06 of 1,682
the Revised Code for amendments of the tentative assessment, and 1,684
any property owners OWNER may appeal as provided for in THE case 1,686
of A tentative assessments ASSESSMENT. The board shall confirm 1,688
such THE revised assessment, and, when so confirmed, the same IT 1,689
shall be final and conclusive. If an appeal has been made, such 1,691
THAT confirmation shall be subject to the finding of the court. 1,692
The 1,693
THE board may, at such intervals as it deems CONSIDERS 1,697
expedient, assess MAY LEVY AN ADDITIONAL ASSESSMENT ON the lots 1,698
and parcels of land specified in said notice of assessment and 1,700
levy taxes upon the taxable property of the district so improved 1,702
ASSESSED FOR THE IMPROVEMENT, INCLUDING STATE LAND, IN ORDER to 1,703
pay the cost of the maintenance, REPAIR, and operation of any 1,705
such THE improvement, after ITS completion thereof, and no. NO 1,707
further notice shall be necessary of such maintenance, repair, or 1,708
operation THAT ADDITIONAL assessment SHALL BE NECESSARY unless 1,710
the amount thereof OF IT exceeds ten per cent of the original 1,711
cost of the construction ACQUIRING OR CONSTRUCTING THE 1,712
IMPROVEMENT. If such maintenance, repair, or operation THAT 1,713
ADDITIONAL assessment exceeds ten per cent of the original cost 1,716
of the construction ACQUIRING OR CONSTRUCTING THE IMPROVEMENT, 1,717
the method and manner of making such THAT ADDITIONAL assessment, 1,718
together with the notice thereof OF IT, shall be the same as 1,719
provided by sections 6103.02 to 6103.30, inclusive, of the 1,720
Revised Code, IN THIS CHAPTER for the original assessment. THAT 1,722
ADDITIONAL ASSESSMENT SHALL BE SUBJECT TO ANY APPLICABLE 1,723
PROVISIONS OF SECTION 6103.16 OF THE REVISED CODE, PROVIDED THAT
THE ASSESSMENT MAY BEAR INTEREST AT A RATE THAT THE BOARD 1,724
DETERMINES TO BE APPROPRIATE. 1,725
Sec. 6103.17. Whenever the legislative authority or board 1,734
of health, or the officers performing the duties of a legislative 1,735
authority or board of health, of a municipal corporation, the 1,736
board of health of a general health district, or a board of 1,737
38
township trustees makes complaint, in writing, to the director of 1,738
environmental protection AGENCY that unsafe water supply 1,739
conditions exist in any county, the AGENCY'S director shall 1,740
forthwith SHALL inquire into and investigate the conditions 1,742
complained of. If, upon investigation of such THE complaint, the 1,743
director finds that it is necessary for the public health and 1,745
welfare that any improvement mentioned in sections 6103.01 and 1,746
6103.02 of the Revised Code WATER SUPPLY FACILITIES be ACQUIRED 1,748
OR constructed, maintained, and operated for the service of TO 1,749
SERVE any territory outside of municipal corporations in any 1,751
county, the director shall notify the board of county 1,752
commissioners of such THE county of his THAT finding AND ORDER 1,754
THAT CORRECTIVE ACTION BE TAKEN. The board shall obey such THE 1,755
order and proceed, as provided in sections THIS CHAPTER AND 1,756
SECTION 6117.01, 6117.02, and 6103.02 to 6103.30 of the Revised 1,758
Code, to establish a COUNTY sewer district, IF REQUIRED, TO 1,760
provide THE necessary funds, and TO ACQUIRE OR construct such 1,761
public water supplies THE FACILITIES, or AND TO maintain, repair, 1,763
or AND operate the same FACILITIES, as are required by such THE 1,765
order and in such A manner as THAT is satisfactory to the 1,767
director. Any part OR ALL of the cost of such improvement THE 1,768
FACILITIES or OF THE maintenance AND OPERATION OF THE FACILITIES 1,769
may be assessed upon the property benefited PROPERTIES as 1,770
provided in such sections THIS CHAPTER. 1,771
Sec. 6103.20. (A) At any time after the formation of any 1,780
COUNTY sewer district, the board of county commissioners, when 1,783
deemed expedient IT CONSIDERS IT APPROPRIATE, on application by a 1,784
corporation, individual, PERSON or public institution AGENCY FOR 1,786
THE SUPPLY OF WATER TO PROPERTIES OF THAT PERSON OR PUBLIC AGENCY 1,787
LOCATED outside of any THE district, may contract with such 1,788
corporation, individual, THE PERSON or public institution AGENCY 1,789
for supplying water to their premises THOSE PROPERTIES FROM WATER 1,791
SUPPLY FACILITIES ACQUIRED OR CONSTRUCTED OR TO BE ACQUIRED OR 1,792
CONSTRUCTED BY THE COUNTY TO SERVE THE DISTRICT, on such terms as 1,794
39
are THAT THE BOARD CONSIDERS equitable, but the. THE amount to 1,795
be paid BY THE PERSON OR PUBLIC AGENCY TO REIMBURSE THE COUNTY 1,796
FOR COSTS OF ACQUIRING OR CONSTRUCTING THOSE FACILITIES shall not 1,797
be less than the original OR COMPARABLE assessment for similar 1,798
property within the district OR, IN THE ABSENCE OF AN ORIGINAL OR 1,799
COMPARABLE ASSESSMENT, AN AMOUNT THAT IS FOUND BY THE BOARD TO BE 1,800
REASONABLE AND FAIRLY REFLECTIVE OF THAT PORTION OF THE COST OF 1,801
THOSE FACILITIES ATTRIBUTABLE TO THE PROPERTIES TO BE SERVED. 1,802
Such THE board in any such case shall appropriate any moneys 1,803
received for such THAT service to and for the use and benefit of 1,804
such THE district. When the THE board deems it necessary to 1,806
contract with a corporation, individual, or public institution 1,808
outside of any district for supplying water to their premises 1,809
from water supply lines constructed or to be constructed to serve
such district, it shall so determine by resolution and may 1,811
collect said THE amount TO BE PAID BY THE PERSON OR PUBLIC AGENCY 1,812
IN FULL, in cash OR IN INSTALLMENTS AS A PART OF A CONNECTION 1,814
CHARGE TO BE COLLECTED IN ACCORDANCE WITH DIVISION (F) OF SECTION 1,815
6103.02 OF THE REVISED CODE, or, IF THE PROPERTIES TO BE SERVED 1,817
ARE LOCATED WITHIN THE COUNTY, the same AMOUNT may be assessed 1,818
against said lots or parcels of land THOSE PROPERTIES, and, IN 1,820
THAT EVENT, the manner of making such THE assessment, together 1,821
with the notice thereof OF IT, shall be the same as provided in 1,823
sections 6103.02 to 6103.30, inclusive, of the Revised Code, for 1,825
the original assessment THIS CHAPTER.
(B) Whenever a water supply line has FACILITIES HAVE been 1,828
ACQUIRED OR constructed by, AND AT THE EXPENSE OF, a corporation, 1,829
individual, PERSON or public institution at its own expense for 1,830
the purpose of supplying water to any allotment, development, 1,833
subdivision, or similar enterprise, or to any institution, AGENCY 1,834
and it is deemed expedient by the board CONSIDERS IT APPROPRIATE 1,835
to acquire said water supply line THE FACILITIES or any part 1,837
thereof OF THEM for the purpose of supplying water to territory 1,839
outside the allotment, subdivision, development, or other such 1,840
40
enterprise for which such line was constructed, and such 1,842
additional territory is within a COUNTY SEWER district, the 1,843
county sanitary engineer, AT THE DIRECTION OF THE BOARD, shall 1,844
examine it and if he THE FACILITIES. IF THE COUNTY SANITARY 1,845
ENGINEER finds the same FACILITIES properly designed and 1,847
constructed, he THE COUNTY SANITARY ENGINEER shall make an 1,848
appraisal of its present value to the district as a means of 1,850
supplying water to territory outside the allotment, subdivision, 1,851
development, or similar enterprise for which it was originally
constructed and shall certify such value THAT FACT to the board. 1,853
In such appraisal no allowance shall be made for the value of 1,854
such water supply line to the territory for the service of which 1,855
it was originally constructed. THE 1,856
The board, by resolution, may determine to purchase said 1,858
water supply line THE FACILITIES OR ANY PART OF THEM at a cost 1,861
not to exceed its present value as certified by THAT, AFTER
CONSULTATION WITH the COUNTY sanitary engineer, IT FINDS TO BE 1,863
REASONABLE. For 1,864
SUBJECT TO AND IN ACCORDANCE WITH THIS DIVISION AND 1,866
DIVISION (B) OR DIVISIONS (C), (D), AND (E) OF SECTION 6103.05 OF 1,869
THE REVISED CODE, THE BOARD MAY PURCHASE THE FACILITIES OR ANY
PART OF THEM BY NEGOTIATION. FOR the purpose of paying for the 1,870
water supply line and the maintenance thereof COST OF THEIR 1,873
ACQUISITION, the board may issue bonds or certificates of 1,874
indebtedness INCUR PUBLIC OBLIGATIONS and assess the ENTIRE cost, 1,876
OR A LESSER DESIGNATED PART OF THE COST, OF THEIR ACQUISITION 1,877
against the benefited property PROPERTIES in the same manner as 1,878
provided by law IN THIS CHAPTER for the construction of an 1,880
original water supply line OR COMPARABLE FACILITIES. 1,881
Sec. 6103.21. At any time after the formation of any 1,890
COUNTY sewer district, the board of county commissioners may 1,893
enter into a contract, upon such THE terms and for such THE 1,894
period of time as are THAT IS mutually agreed upon, with any 1,896
municipal corporation or any other county PUBLIC AGENCY to 1,897
41
prepare ALL necessary plans and estimates of cost and to ACQUIRE 1,899
OR construct any water supply improvement FACILITIES THAT ARE to 1,900
be used jointly by the contracting parties, and to provide for 1,901
the furnishing of water and for the MAINTENANCE, OPERATION, AND 1,902
joint use by such THE contracting parties of such THOSE water 1,903
supply improvement FACILITIES or the MAINTENANCE, OPERATION, AND 1,905
joint use of any suitable existing water supply or water mains 1,906
SUPPLY FACILITIES belonging to either of such THE CONTRACTING 1,907
parties. 1,908
Sec. 6103.22. All contracts under section 6103.21 of the 1,917
Revised Code shall provide for THE payment OF COMPENSATION to the 1,919
county or municipal corporation OTHER PUBLIC AGENCY owning, 1,920
ACQUIRING, OR constructing, or agreeing to ACQUIRE OR construct, 1,921
the water supply improvement FACILITIES to be jointly used of the 1,923
IN AN amount agreed upon as the other party's share of the cost 1,924
of ACQUIRING OR CONSTRUCTING the water supply improvement 1,926
FACILITIES. The contract also shall provide for payment OF 1,928
COMPENSATION to the county or municipal corporation OTHER PUBLIC 1,929
AGENCY owning, ACQUIRING, or constructing THE FACILITIES and 1,931
OPERATING AND maintaining the improvement of the THEM IN AN 1,933
amount agreed upon for AS the other party's share of the cost of 1,934
operating and maintaining the water supply improvement THEM, 1,935
including the cost of water, or, in lieu of all other OR 1,937
DIFFERING payments, an agreed price per unit for water furnished. 1,938
A county or municipal corporation OTHER PUBLIC AGENCY owning, 1,939
ACQUIRING, OR constructing, or agreeing to ACQUIRE OR construct 1,941
a, ANY water supply improvement FACILITIES and permitting the 1,942
AGREEING TO THEIR use of it by another county or municipal 1,944
corporation PUBLIC AGENCY shall retain full control and 1,945
management of the ACQUISITION, construction, maintenance, repair, 1,946
and operation of the improvement, FACILITIES, UNLESS OTHERWISE 1,947
PROVIDED IN THE CONTRACT AND except, IN THE CASE OF A COUNTY, 1,949
when conveyed to a municipal corporation as provided in this 1,950
section DIVISION (B) OF SECTION 6103.04 OF THE REVISED CODE. 1,951
42
A completed water supply or water-works system, as defined 1,953
in sections 6103.01 and 6103.02 of the Revised Code, for the use 1,954
of any sewer district, constructed under this chapter, and any 1,955
part thereof, located within any municipal corporation or within 1,956
any area that may be incorporated as a municipal corporation or 1,957
annexed to an existing municipal corporation, or that provides 1,958
water for such an area, by mutual agreement between the board of 1,959
county commissioners and the municipal corporation may be 1,960
conveyed to the municipal corporation, which shall thereafter 1,961
maintain and operate the water supply or water-works. The board
may retain the right to joint use of the water supply or 1,962
water-works for the benefit of the district. The validity of any 1,963
assessment that has been levied or may be levied thereafter to 1,964
provide means for the payment of the cost of the construction or 1,965
maintenance of the water supply or water-works or any part of it 1,966
shall not be affected by the conveyance.
Sec. 6103.23. The A county or municipal corporation OTHER 1,976
PUBLIC AGENCY contracting as provided in sections 6103.20 to 1,977
6103.21 AND 6103.22, inclusive, of the Revised Code, for the 1,979
joint use of any water supply improvement FACILITIES ACQUIRED OR 1,980
constructed, or to be ACQUIRED OR constructed, by another county 1,982
or municipal corporation PUBLIC AGENCY may provide for payment of 1,983
the agreed compensation by the levy of taxes, OR special 1,984
assessments, or FROM water rentals as now provided in RATES AND 1,987
CHARGES, IF AND TO THE EXTENT THAT THE PUBLIC AGENCY IS 1,988
AUTHORIZED BY the laws governing such county or municipal
corporation IT in the ACQUISITION, construction, maintenance, 1,990
repair, or operation of a water supply improvement FACILITIES TO 1,991
PROVIDE FOR PAYMENT OF COSTS IN RESPECT OF WHICH THE COMPENSATION 1,992
IS DUE FROM THOSE SOURCES, and may issue bonds OR INCUR PUBLIC 1,993
OBLIGATIONS as provided by such THOSE laws in anticipation of 1,994
such taxes or assessments AND PAY THE DEBT CHARGES ON THOSE 1,995
OBLIGATIONS FROM THOSE SOURCES, IF AND TO THE EXTENT SO 1,996
AUTHORIZED.
43
Sec. 6103.24. The A county or municipal corporation OTHER 2,006
PUBLIC AGENCY receiving the compensation provided for in section 2,008
6103.22 of the Revised Code shall credit the amount so received 2,009
to the proper fund to be used and applied towards FOR the 2,010
ACQUISITION, construction, or OPERATION AND maintenance, as the 2,011
case may be, of the water supply improvement and other water 2,013
works to be jointly used FACILITIES OR FOR OTHER AUTHORIZED 2,014
PURPOSES. 2,015
Sec. 6103.25. Whenever, in the opinion of the board of 2,024
county commissioners, it is necessary to procure ACQUIRE real 2,026
estate, a right of way, or an easement ANY INTEREST IN REAL 2,027
ESTATE for the ACQUISITION, construction, MAINTENANCE, or 2,028
operation of any water supply or other improvement FACILITIES 2,029
authorized by sections 6103.02 to 6103.30, inclusive, of the 2,031
Revised Code THIS CHAPTER, or TO ACQUIRE the right to ACQUIRE, 2,033
construct, maintain, and operate such water supply or other 2,034
improvement THOSE FACILITIES in and upon any property within or 2,036
without OUTSIDE OF a COUNTY sewer district, it may purchase the 2,037
same REAL ESTATE, INTEREST IN REAL ESTATE, OR RIGHT BY 2,038
NEGOTIATION. If such THE board and the owner thereof OF THE REAL 2,040
ESTATE, INTEREST IN REAL ESTATE, OR RIGHT are unable to agree 2,041
upon its purchase and sale, or the amount of damage DAMAGES to be 2,043
awarded therefor FOR IT, the board may appropriate such THE real 2,046
estate, right of way, easement INTEREST, or right, in accordance 2,048
with sections 163.01 to 163.22, inclusive, of the Revised Code, 2,050
EXCEPT THAT THE BOARD, IN THE EXERCISE OF THE POWERS GRANTED BY 2,052
THIS SECTION OR ANY OTHER SECTION OF THIS CHAPTER, MAY NOT 2,054
APPROPRIATE REAL ESTATE OR PERSONAL PROPERTY OWNED BY A MUNICIPAL
CORPORATION. The board shall perform all acts and duties 2,057
required to be performed by the mayor or legislative authority of 2,058
a municipal corporation by such laws and the passage of
equivalent resolutions and ordinances to be passed by the 2,059
legislative authority of a municipal corporation. In the 2,060
construction, maintenance, and operation of any water supply or 2,061
44
waterworks system, as provided in sections 6103.02 to 6103.30,
inclusive, of the Revised Code, the necessary resolutions, 2,062
waivers, and notices, provided for in such sections, may be 2,063
passed, made, and given at the same time, or may be included in 2,064
any similar resolution, waiver, or notice passed, made, or given 2,065
for the construction, maintenance, and operation of any sewer or 2,066
sewage disposal works in the same district.
Sec. 6103.29. No person OR PUBLIC AGENCY shall tamper with 2,075
or damage any water supply FACILITY ACQUIRED or water main 2,077
constructed BY A COUNTY under sections 6103.02 to 6103.30,
inclusive, of the Revised Code, THIS CHAPTER or any apparatus or 2,079
accessory connected therewith WITH IT or pertaining thereto. No 2,081
person shall TO IT, OR make any connection INTO OR with such THE 2,082
water supply or water main FACILITY, without THE permission of 2,083
the board of county commissioners, or make any such connection in 2,085
a manner or for a use other than as prescribed by such THE board. 2,086
No person OR PUBLIC AGENCY shall refuse to permit the inspection 2,087
by the county sanitary engineer of any such connection or 2,090
willfully cause the pollution of any water supply. No person OR 2,091
PUBLIC AGENCY shall violate sections 6103.02 to 6103.30, 2,092
inclusive, of the Revised Code ANY OTHER PROVISION OF THIS 2,093
CHAPTER. All fines collected under section 6103.99 of the 2,094
Revised Code shall be paid to the county treasurer and credited 2,095
to such THE fund as THAT the board determines TO BE MOST 2,097
APPROPRIATE AFTER CONSIDERATION OF THE NATURE AND EXTENT OF THE 2,098
PARTICULAR VIOLATIONS.
Sec. 6103.31. (A) If THE BOARD OF COUNTY COMMISSIONERS 2,107
DETERMINES BY RESOLUTION THAT the best interests of the county 2,108
and the users of a public water supply FACILITIES of the county 2,110
SERVING A SEWER DISTRICT so require, the board of county 2,111
commissioners may sell or otherwise dispose of such public water 2,112
supply THE FACILITIES to another political subdivision, PUBLIC 2,114
AGENCY OR A person, firm, or private corporation. The resolution 2,115
declaring the necessity therefor OF THAT DISPOSITION shall recite 2,116
45
the reason REASONS for the sale or OTHER disposition and shall 2,118
include ESTABLISH any conditions or terms of sale which THAT the 2,119
board imposes MAY IMPOSE, including the proposed, BUT NOT LIMITED 2,120
TO, A MINIMUM sales price, IF A SALE IS PROPOSED, A REQUIREMENT 2,121
FOR THE SUBMISSION BY BIDDERS OF the schedule of water rates and 2,123
charges INITIALLY PROPOSED to be imposed upon PAID BY THE users 2,124
of the water supply FACILITIES, and such other pertinent 2,125
CONDITIONS OR terms and provisions relating to the sale or OTHER 2,127
disposition of the water supply as the board determines. THE 2,130
RESOLUTION ALSO SHALL DESIGNATE A TIME AND PLACE FOR THE HEARING 2,131
OF OBJECTIONS TO THE SALE OR OTHER DISPOSITION BY THE BOARD. 2,132
Notice of the passage ADOPTION of the resolution AND THE TIME AND 2,133
PLACE OF THE HEARING shall be published ONCE A WEEK for two 2,136
consecutive weeks, on the same day of the week, in a newspaper of 2,137
general circulation in the sewer district and IN THE county 2,139
served by the public water supply and a. THE public hearing ON 2,141
THE SALE OR OTHER DISPOSITION SHALL BE held thereon not less than 2,142
twenty-four days following the date of first publication of the 2,145
notice of passage of the resolution. Notice of the passage of 2,147
the resolution shall A COPY OF THE NOTICE also SHALL be mailed 2,148
SENT BY FIRST CLASS OR CERTIFIED MAIL, ON OR BEFORE THE DATE OF 2,149
THE SECOND PUBLICATION, to any municipality PUBLIC AGENCY within 2,151
the water supply service area of the sewer district SERVED BY THE 2,152
FACILITIES. Five AT THE PUBLIC HEARING, OR AT ANY ADJOURNMENT OF 2,153
IT, OF WHICH NO FURTHER PUBLISHED OR MAILED NOTICE NEED BE GIVEN, 2,154
THE BOARD SHALL HEAR ALL INTERESTED PARTIES. A PERIOD OF FIVE
days shall be given following the date COMPLETION of THE hearing, 2,157
which may be adjourned from time to time, for the filing of 2,159
written objections by any interested person PERSONS OR PUBLIC 2,160
AGENCIES to the sale or OTHER disposition of the public water 2,161
supply, after which the board shall consider such ANY objections 2,163
and by resolution determine whether or not to proceed with the 2,164
sale or OTHER disposition of the public water supply. In the 2,165
event IF the board determines to proceed with the sale or OTHER 2,167
46
disposition of the public water supply, any interested person 2,169
whose objection has been overruled may appeal to the probate 2,170
court of the county in the manner prescribed by sections 6117.09
to 6117.22, inclusive, of the Revised Code. An appeal may be 2,171
taken with regard to any matter required by this section to be 2,173
incorporated in the resolution of necessity. The board of county 2,174
commissioners, in proceeding with the sale or disposition of the 2,175
water supply, IT shall receive bids and proceed in accordance 2,176
with section 6103.10 of the Revised Code for bidding, AFTER 2,177
advertising, and sale ONCE A WEEK FOR FOUR CONSECUTIVE WEEKS IN A 2,178
NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY AND, SUBJECT TO 2,179
THE RIGHT OF THE BOARD TO REJECT ANY OR ALL BIDS, MAY MAKE AN 2,180
AWARD TO A RESPONSIBLE BIDDER WHOSE PROPOSAL IS DETERMINED BY THE 2,181
BOARD TO BE IN THE BEST INTERESTS OF THE COUNTY AND THE USERS OF 2,182
THE FACILITIES.
(B) A CONVEYANCE OF WATER SUPPLY FACILITIES BY A COUNTY TO 2,184
A MUNICIPAL CORPORATION, IN ACCORDANCE WITH DIVISION (B) OF 2,185
SECTION 6103.04 OF THE REVISED CODE, MAY BE MADE WITHOUT REGARD 2,186
TO DIVISION (A) OF THIS SECTION. 2,187
Sec. 6103.40. IT IS THE INTENT OF THE GENERAL ASSEMBLY 2,189
THAT THE AMENDMENTS MADE TO THIS CHAPTER BY SUB. H.B. 549 OF THE 2,191
123rd GENERAL ASSEMBLY ARE SUBJECT TO SECTION 4 OF THAT ACT. 2,192
THIS SECTION DOES NOT AFFECT THE APPLICATION OF SECTION 3 OF THAT 2,193
ACT TO SECTIONS 1 AND 2 OF THAT ACT. 2,194
Sec. 6117.01. (A) AS USED IN THIS CHAPTER: 2,203
(1) "SANITARY FACILITIES" MEANS SANITARY SEWERS, FORCE 2,205
MAINS, LIFT OR PUMPING STATIONS, AND FACILITIES FOR THE 2,206
TREATMENT, DISPOSAL, IMPOUNDMENT, OR STORAGE OF WASTES; EQUIPMENT 2,207
AND FURNISHINGS; AND ALL REQUIRED APPURTENANCES AND NECESSARY 2,208
REAL ESTATE AND INTERESTS IN REAL ESTATE.
(2) "DRAINAGE" OR "WATERS" MEANS FLOWS FROM RAINFALL OR 2,210
OTHERWISE PRODUCED BY, OR RESULTING FROM, THE ELEMENTS, STORM 2,211
WATER DISCHARGES AND RELEASES OR MIGRATIONS OF WATERS FROM 2,212
PROPERTIES, ACCUMULATIONS, FLOWS, AND OVERFLOWS OF WATER, 2,213
47
INCLUDING ACCELERATED FLOWS AND RUNOFFS, FLOODING AND THREATS OF
FLOODING OF PROPERTIES AND STRUCTURES, AND OTHER SURFACE AND 2,214
SUBSURFACE DRAINAGE. 2,215
(3) "DRAINAGE FACILITIES" MEANS STORM SEWERS, FORCE MAINS, 2,217
PUMPING STATIONS, AND FACILITIES FOR THE TREATMENT, DISPOSAL, 2,218
IMPOUNDMENT, RETENTION, CONTROL, OR STORAGE OF WATERS; 2,219
IMPROVEMENTS OF OR FOR ANY CHANNEL, DITCH, DRAIN, FLOODWAY, OR 2,220
WATERCOURSE, INCLUDING LOCATION, CONSTRUCTION, RECONSTRUCTION, 2,221
RECONDITIONING, WIDENING, DEEPENING, CLEANING, REMOVAL OF
OBSTRUCTIONS, STRAIGHTENING, BOXING, CULVERTING, TILING, FILLING, 2,222
WALLING, ARCHING, OR CHANGE IN COURSE, LOCATION, OR TERMINUS; 2,223
IMPROVEMENTS OF OR FOR A RIVER, CREEK, OR RUN, INCLUDING 2,224
REINFORCEMENT OF BANKS, ENCLOSING, DEEPENING, WIDENING, 2,225
STRAIGHTENING, REMOVAL OF OBSTRUCTIONS, OR CHANGE IN COURSE, 2,226
LOCATION, OR TERMINUS; FACILITIES FOR THE PROTECTION OF LANDS 2,227
FROM THE OVERFLOW OF WATER, INCLUDING A LEVEE, WALL, EMBANKMENT,
JETTY, DIKE, DAM, SLUICE, REVETMENT, RESERVOIR, RETENTION OR 2,228
HOLDING BASIN, CONTROL GATE, OR BREAKWATER; FACILITIES FOR 2,229
CONTROLLED DRAINAGE, REGULATION OF STREAM FLOW, AND PROTECTION OF 2,230
AN OUTLET; THE VACATION OF A DITCH OR DRAIN; EQUIPMENT AND 2,231
FURNISHINGS; AND ALL REQUIRED APPURTENANCES AND NECESSARY REAL
ESTATE AND INTERESTS IN REAL ESTATE. 2,232
(4) "COUNTY SANITARY ENGINEER" MEANS EITHER OF THE 2,235
FOLLOWING: 2,236
(a) THE REGISTERED PROFESSIONAL ENGINEER EMPLOYED OR 2,238
APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS TO BE THE COUNTY 2,239
SANITARY ENGINEER AS PROVIDED IN SECTION 6117.01 OF THE REVISED 2,240
CODE;
(b) THE COUNTY ENGINEER, IF, FOR AS LONG AS AND TO THE 2,242
EXTENT THAT ENGINEER BY AGREEMENT ENTERED INTO UNDER SECTION 2,244
315.14 OF THE REVISED CODE IS RETAINED TO DISCHARGE DUTIES OF A 2,246
COUNTY SANITARY ENGINEER UNDER THIS CHAPTER. 2,247
(5) "CURRENT OPERATING EXPENSES," "DEBT CHARGES," 2,249
"PERMANENT IMPROVEMENT," "PUBLIC OBLIGATIONS," AND "SUBDIVISION" 2,250
48
HAVE THE SAME MEANINGS AS IN SECTION 133.01 OF THE REVISED CODE. 2,251
(6) "CONSTRUCT," "CONSTRUCTION," OR "CONSTRUCTING" MEANS 2,253
CONSTRUCTION, RECONSTRUCTION, ENLARGEMENT, EXTENSION, 2,254
IMPROVEMENT, RENOVATION, REPAIR, AND REPLACEMENT OF SANITARY OR 2,255
DRAINAGE FACILITIES, BUT DOES NOT INCLUDE ANY REPAIRS, 2,256
REPLACEMENTS, OR SIMILAR ACTIONS THAT DO NOT CONSTITUTE AND
QUALIFY AS PERMANENT IMPROVEMENTS. 2,257
(7) "MAINTAIN," "MAINTAINING," OR "MAINTENANCE" MEANS 2,259
REPAIRS, REPLACEMENTS, AND SIMILAR ACTIONS THAT CONSTITUTE AND 2,260
ARE PAYABLE AS CURRENT OPERATING EXPENSES AND THAT ARE REQUIRED 2,261
TO RESTORE SANITARY OR DRAINAGE FACILITIES TO, OR TO CONTINUE 2,262
SANITARY OR DRAINAGE FACILITIES IN, GOOD ORDER AND WORKING 2,263
CONDITION, BUT DOES NOT INCLUDE CONSTRUCTION OF PERMANENT
IMPROVEMENTS. 2,264
(8) "PUBLIC AGENCY" MEANS A STATE AND ANY AGENCY OR 2,266
SUBDIVISION OF A STATE, INCLUDING A COUNTY, A MUNICIPAL 2,267
CORPORATION, OR OTHER SUBDIVISION.
(B) For the purpose of preserving and promoting the public 2,270
health and welfare, boards A BOARD of county commissioners may by 2,272
resolution lay out, establish, CONSOLIDATE, OR OTHERWISE MODIFY
THE BOUNDARIES OF, and maintain, one or more sewer districts 2,274
within their respective counties, THE COUNTY AND outside of 2,275
municipal corporations, and may have a registered professional 2,276
engineer make such THE surveys as are necessary for the 2,277
determination of the proper boundaries of such EACH district. 2,279
Each district, WHICH shall be designated by an appropriate name 2,281
or number. Any THE board may acquire, construct, maintain, and 2,282
operate such main, branch, intercepting, or local sewer, or 2,283
ditch, channel, or interceptor for the temporary retention of 2,284
storm water, within any such district, and such outlet sewer and 2,285
sewage treatment or disposal works within or without such 2,286
district, as are necessary to care for and conduct the sewage or 2,287
surface water from any part of such district to a proper outlet, 2,288
so as to properly treat or dispose of same. Any such SANITARY OR 2,290
49
DRAINAGE FACILITIES THAT IT DETERMINES TO BE NECESSARY OR
APPROPRIATE FOR THE COLLECTION OF SEWAGE AND OTHER WASTES 2,291
ORIGINATING IN OR ENTERING THE DISTRICT, TO COMPLY WITH THE 2,292
PROVISIONS OF A CONTRACT ENTERED INTO FOR THE PURPOSES DESCRIBED 2,294
IN SECTIONS 6117.41 TO 6117.44 OF THE REVISED CODE AND PURSUANT
TO THOSE SECTIONS OR OTHER APPLICABLE PROVISIONS OF LAW, OR FOR 2,295
THE COLLECTION, CONTROL, OR ABATEMENT OF WATERS ORIGINATING OR 2,296
ACCUMULATING IN, OR FLOWING IN, INTO, OR THROUGH, THE DISTRICT, 2,297
AND OTHER SANITARY OR DRAINAGE FACILITIES, WITHIN OR OUTSIDE OF 2,298
THE DISTRICT, THAT IT DETERMINES TO BE NECESSARY OR APPROPRIATE 2,299
TO CONDUCT THE WASTES AND WATERS TO A PROPER OUTLET AND TO
PROVIDE FOR THEIR PROPER TREATMENT, DISPOSAL, AND DISPOSITION. 2,300
THE BOARD MAY PROVIDE FOR THE PROTECTION OF THE SANITARY AND 2,301
DRAINAGE FACILITIES AND MAY NEGOTIATE AND ENTER INTO A CONTRACT 2,302
WITH ANY PUBLIC AGENCY OR PERSON FOR THE MANAGEMENT, MAINTENANCE, 2,303
OPERATION, AND REPAIR OF ANY OF THE FACILITIES ON BEHALF OF THE
COUNTY UPON THE TERMS AND CONDITIONS THAT MAY BE AGREED UPON WITH 2,304
THE AGENCY OR PERSON AND THAT MAY BE DETERMINED BY THE BOARD TO 2,306
BE IN THE BEST INTERESTS OF THE COUNTY. BY CONTRACT WITH ANY 2,307
PUBLIC AGENCY OR PERSON OPERATING SANITARY OR DRAINAGE FACILITIES 2,309
WITHIN OR OUTSIDE OF THE COUNTY, THE BOARD MAY PROVIDE A PROPER 2,310
OUTLET FOR ANY OF THE WASTES AND WATERS AND FOR THEIR PROPER 2,311
TREATMENT, DISPOSAL, AND DISPOSITION. 2,312
(C) THE board OF COUNTY COMMISSIONERS may employ a 2,315
registered professional engineer TO BE THE COUNTY SANITARY 2,316
ENGINEER for such THE time and on such THE terms as it deems 2,318
CONSIDERS best, and may authorize such registered professional 2,319
THE COUNTY SANITARY engineer to employ necessary assistants upon 2,322
such THE terms as are fixed by said THE board. The PRIOR TO THE 2,324
INITIAL ASSIGNMENT OF DRAINAGE FACILITIES DUTIES TO THE COUNTY 2,325
SANITARY ENGINEER, IF THE COUNTY SANITARY ENGINEER IS NOT THE
COUNTY ENGINEER, THE BOARD FIRST SHALL OFFER TO ENTER INTO AN 2,326
AGREEMENT WITH THE COUNTY ENGINEER PURSUANT TO SECTION 315.14 OF 2,327
THE REVISED CODE FOR ASSISTANCE IN THE PERFORMANCE OF THOSE 2,328
50
DUTIES OF THE BOARD PERTAINING TO DRAINAGE FACILITIES, AND THE 2,330
COUNTY ENGINEER SHALL ACCEPT OR REJECT THE OFFER WITHIN THIRTY 2,331
DAYS AFTER THE DATE THE OFFER IS MADE. 2,332
THE board may create and maintain a sanitary engineering 2,334
department, to WHICH SHALL be under its supervision and in charge 2,336
of a registered professional WHICH SHALL BE HEADED BY THE COUNTY 2,337
SANITARY engineer, to be appointed by such board, for the purpose 2,339
of aiding it in the performance of its duties under sections 2,340
6117.01 to 6117.45 THIS CHAPTER AND CHAPTER 6103. of the Revised 2,341
Code, or its other duties regarding sanitation, DRAINAGE, AND 2,342
WATER SUPPLY provided by law. Said THE board shall provide 2,344
suitable rooms FACILITIES for the use of such THE department and 2,346
shall provide for and pay the compensation of such registered 2,348
professional THE COUNTY SANITARY engineer and all AUTHORIZED 2,349
necessary expenses of such registered professional THE COUNTY 2,351
SANITARY engineer and THE SANITARY ENGINEERING department which 2,352
are authorized by such board. Any such registered professional 2,354
THE COUNTY SANITARY engineer in charge of such department, with 2,355
the approval of the board, may appoint necessary assistants and 2,357
clerks, and the compensation of any such THOSE assistants and 2,358
clerks shall be fixed PROVIDED FOR and paid by such THE board. 2,360
The
(D) THE board OF COUNTY COMMISSIONERS may adopt, publish, 2,363
administer, and enforce rules for the construction, maintenance, 2,364
protection, and use of sewers COUNTY-OWNED OR COUNTY-OPERATED 2,365
SANITARY and sewer improvements in its county DRAINAGE FACILITIES 2,366
outside of municipal corporations, and of sewers SANITARY and 2,368
sewer improvements DRAINAGE FACILITIES within municipal 2,370
corporations in its county wherever such sewers THAT are 2,372
constructed OWNED or operated by such board THE COUNTY or THAT 2,373
discharge into sewers or sewage treatment plants constructed 2,374
SANITARY OR DRAINAGE FACILITIES OWNED or operated by such board 2,376
THE COUNTY, including, BUT NOT LIMITED TO, RULES FOR the 2,377
establishment and use of ANY connections, THE TERMINATION IN 2,378
51
ACCORDANCE WITH REASONABLE PROCEDURES OF SANITARY SERVICE FOR THE 2,379
NONPAYMENT OF COUNTY SANITARY RATES AND CHARGES AND, IF SO
DETERMINED, THE CONCURRENT TERMINATION OF ANY COUNTY WATER 2,380
SERVICE FOR THE NONPAYMENT OF THOSE RATES AND CHARGES, THE 2,381
TERMINATION IN ACCORDANCE WITH REASONABLE PROCEDURES OF DRAINAGE 2,382
SERVICE FOR THE NONPAYMENT OF COUNTY DRAINAGE RATES AND CHARGES, 2,383
AND THE ESTABLISHMENT AND USE OF SECURITY DEPOSITS TO THE EXTENT
CONSIDERED NECESSARY TO ENSURE THE PAYMENT OF COUNTY SANITARY OR 2,384
DRAINAGE RATES AND CHARGES. Such THE rules shall not be 2,387
inconsistent with the laws of this state or the ANY APPLICABLE 2,388
rules of the director of environmental protection. No sewers or 2,390
sewage treatment works
(E) NO SANITARY OR DRAINAGE FACILITIES shall be 2,392
constructed in any county outside of municipal corporations by 2,394
any person, firm, or corporation until the plans and 2,395
specifications for the same have been approved by the board OF 2,396
COUNTY COMMISSIONERS, and any such construction shall be done 2,398
under the supervision of the county sanitary engineer. NOT LESS
THAN THIRTY DAYS BEFORE THE DATE DRAINAGE PLANS ARE SUBMITTED TO 2,400
THE BOARD FOR ITS APPROVAL, THE PLANS SHALL BE SUBMITTED TO THE 2,401
COUNTY ENGINEER. IF THE COUNTY ENGINEER IS OF THE OPINION AFTER 2,402
REVIEW THAT THE FACILITIES WILL HAVE A SIGNIFICANT ADVERSE EFFECT
ON ROADS, CULVERTS, BRIDGES, OR EXISTING MAINTENANCE WITHIN THE 2,403
COUNTY, THE COUNTY ENGINEER MAY SUBMIT A WRITTEN OPINION TO THE 2,404
BOARD NOT LATER THAN THIRTY DAYS AFTER THE DATE THE PLANS ARE 2,405
SUBMITTED TO THE COUNTY ENGINEER. THE BOARD MAY TAKE ACTION 2,406
RELATIVE TO THE DRAINAGE PLANS ONLY AFTER THE EARLIEST OF 2,407
RECEIVING THE WRITTEN OPINION OF THE COUNTY ENGINEER, RECEIVING A 2,408
WRITTEN WAIVER OF SUBMISSION OF AN OPINION FROM THE COUNTY 2,409
ENGINEER, OR PASSAGE OF THIRTY DAYS FROM THE DATE THE PLANS ARE 2,410
SUBMITTED TO THE COUNTY ENGINEER. Any person, firm, or 2,412
corporation proposing or constructing such improvements THE 2,413
FACILITIES shall pay to the county all expenses incurred by the 2,414
board in connection therewith WITH THE CONSTRUCTION. The 2,415
52
(F) THE county sanitary engineer OR THE COUNTY SANITARY 2,417
ENGINEER'S AUTHORIZED ASSISTANTS OR AGENTS, WHEN PROPERLY 2,418
IDENTIFIED IN WRITING OR OTHERWISE AND AFTER WRITTEN NOTICE IS 2,419
DELIVERED TO THE OWNER AT LEAST FIVE DAYS IN ADVANCE OR IS MAILED 2,420
AT LEAST FIVE DAYS IN ADVANCE BY FIRST CLASS OR CERTIFIED MAIL TO 2,421
THE OWNER'S TAX MAILING ADDRESS, may enter upon any public or 2,422
private property for the purpose of making, AND MAY MAKE, surveys 2,423
or examinations INSPECTIONS necessary for the laying out of sewer 2,425
districts or designing sewers or treatment works, and may make 2,426
such surveys and examinations THE DESIGN OR EVALUATION OF COUNTY
SANITARY OR DRAINAGE FACILITIES. THIS ENTRY IS NOT A TRESPASS 2,427
AND IS NOT TO BE CONSIDERED AN ENTRY IN CONNECTION WITH ANY 2,428
APPROPRIATION OF PROPERTY PROCEEDINGS UNDER SECTIONS 163.01 TO 2,429
163.22 OF THE REVISED CODE THAT MAY BE PENDING. No person, firm, 2,430
or corporation PUBLIC AGENCY shall forbid or interfere with the 2,432
county sanitary engineer or his THE COUNTY SANITARY ENGINEER'S 2,433
authorized assistants entering OR AGENTS TO ENTER, OR INTERFERE 2,435
WITH THEIR ENTRY, upon such THE property for such THAT purpose or 2,437
FORBID OR INTERFERE WITH THEIR making such OF surveys or 2,438
examinations INSPECTIONS. If actual damage is done to property 2,439
by the making of such THE surveys and examinations INSPECTIONS, 2,441
the board shall pay the reasonable value of such THE damage to 2,443
the PROPERTY owner of the property damaged, and such THE cost 2,444
shall be included in the assessment upon the property benefited 2,445
by the improvement for which such surveys and examinations are 2,446
made COST OF THE FACILITIES AND MAY BE INCLUDED IN ANY SPECIAL 2,447
ASSESSMENTS TO BE LEVIED AND COLLECTED TO PAY THAT COST. 2,449
Sec. 6117.011. Boards A BOARD of county commissioners IN 2,458
THE MANNER PROVIDED IN THIS SECTION may make surveys of water 2,460
works or sewerage systems SUPPLY, SANITARY, OR DRAINAGE
FACILITIES for any sewer district, the ACQUISITION OR 2,461
construction, improvement, enlargement, or repair of which is 2,462
contemplated, and they may proceed in the manner provided in this 2,464
section.
53
Any board desiring to make such a survey shall adopt a 2,466
resolution declaring the ITS purpose and necessity therefor. In 2,468
making such THE surveys, such THE board may call upon engineering 2,470
officers or employees regularly employed by the board, or may 2,471
authorize and enter into contracts for the services of registered 2,473
professional engineers to make such THE surveys.
The surveys authorized by this section may include 2,475
drawings, plans, specifications, estimates of cost of labor and 2,476
materials, and other items of cost, assessment rolls, and such 2,477
other facts, material, data, reports, and other information and 2,479
recommendations as THAT the board deems CONSIDERS advisable or 2,481
necessary for the planning and construction of the improvement 2,482
proposed or the enlargement, improvement, replacement, or repair 2,483
of an existing improvement PURPOSE. 2,484
Agreements CONTRACTS entered into for such THE surveys 2,487
shall be deemed CONSIDERED contracts for professional services 2,488
and may provide for preliminary surveys or the making of detailed 2,489
plans, or both, and may also MAY provide for engineer- 2,490
ENGINEERING supervision of the work. No such contract shall be 2,492
valid unless one or more of the services to be performed 2,493
thereunder are by its terms to be commenced within one year after 2,494
the contract date.
Such THE contracts shall be executed in triplicate and 2,496
shall be signed by AT LEAST TWO MEMBERS OF the board and by the 2,498
engineer agreeing to perform such THE service, and one SIGNED 2,500
copy thereof OF THE CONTRACT shall be filed with the fiscal 2,501
officer of the county, whose certificate as provided in, 2,502
OTHERWISE REQUIRED BY section 5705.41 of the Revised Code shall, 2,504
NEED not be required PROVIDED. Payment therefor FOR THE 2,506
CONTRACTS may be made from the general fund or any other fund 2,507
legally available for such THAT use at such THE times as THAT are 2,509
agreed upon or as determined by the board, and, where bonds or 2,510
notes are sold. THE PROCEEDS OF ANY PUBLIC OBLIGATIONS ISSUED 2,511
PURSUANT TO SECTION 6119.36 OF THE REVISED CODE OR ANY OTHER 2,512
54
PUBLIC OBLIGATIONS ISSUED OR INCURRED to pay the cost of work 2,513
FACILITIES to which such A survey related, such funds RELATES may 2,515
be used to pay any part of the consideration COST under such 2,517
contract THE CONTRACTS or to reimburse the fund from which
payment was made. 2,519
Sec. 6117.02. (A) The board of county commissioners shall 2,528
fix reasonable rates to be charged, INCLUDING PENALTIES FOR LATE 2,530
PAYMENTS, for the use, OR THE AVAILABILITY FOR USE, of the sewers 2,531
or sewerage treatment or disposal works referred to in section 2,532
6117.01 of the Revised Code SANITARY FACILITIES OF A SEWER 2,533
DISTRICT TO BE PAID by every person, firm, or corporation AND 2,534
PUBLIC AGENCY whose premises are served, OR CAPABLE OF BEING 2,536
SERVED, by a connection DIRECTLY OR INDIRECTLY to such sewers or 2,538
sewerage treatment or disposal works THOSE FACILITIES when such 2,539
sewers or sewerage treatment or disposal works THOSE FACILITIES 2,541
are owned or operated by the county, and may change such THE 2,543
rates FROM TIME TO TIME as it deems CONSIDERS advisable. Such 2,544
rates shall be at least sufficient to pay all the cost of 2,545
operation and maintenance of improvements for which the 2,546
resolution declaring the necessity thereof shall be passed after 2,547
July 1, 1958 and may include, upon billing, additional amounts 2,548
attributable to connection charges being paid in installments. 2,549
When the sewerage treatment or disposal works is SANITARY 2,550
FACILITIES TO BE USED BY THE COUNTY ARE owned by a municipal 2,551
corporation ANOTHER PUBLIC AGENCY or any person, firm, or private 2,553
corporation the schedule of rates to be charged by such municipal 2,555
corporation, THE PUBLIC AGENCY OR person, firm, or private 2,557
corporation for the use of such THE facilities BY THE COUNTY, OR 2,558
THE FORMULA OR OTHER PROCEDURE FOR THEIR DETERMINATION, shall be 2,559
ratified APPROVED by the board at the time any IT ENTERS INTO A 2,561
contract is entered into for such THAT use. The 2,562
(B) THE board shall also SHALL establish reasonable 2,565
charges to be collected for the privilege of connecting to the 2,566
sewers or sewerage treatment of disposal works SANITARY 2,567
55
FACILITIES of the district, with the requirement that, prior to 2,570
such THE connection, such THE charges shall either be paid in 2,572
full, or, if determined BY THE BOARD to be equitable by the board 2,574
in its A resolution providing for RELATING TO the payment of such 2,575
THE charges, provision deemed CONSIDERED adequate by the board 2,576
shall be made for THEIR payment in installments at such THE times 2,578
and, in such THE amounts, and with such THE security, carrying 2,581
charges, or AND penalties as may be found by the board in such 2,583
THAT resolution to be fair and appropriate, and no. NO PUBLIC 2,585
AGENCY OR person shall be permitted to connect to the sewers or 2,586
sewerage treatment or disposal works of the district THOSE 2,587
FACILITIES until such THE charges have been paid in full, or 2,589
until such provision for THEIR payment in installments has been 2,591
made. If THE connection charges are to be paid in installments, 2,592
the board shall certify to the county auditor information 2,593
sufficient to identify each parcel of property served by the A 2,594
connection AND, WITH RESPECT TO EACH PARCEL, the total of the 2,595
charges to be paid in installments, the amount of each 2,596
installment, and the total number of installments to be paid. 2,597
The auditor shall record AND MAINTAIN the information supplied in 2,598
the sewer improvement record PROVIDED FOR IN SECTION 6117.33 OF 2,599
THE REVISED CODE until the connection charges are paid in full. 2,601
When THE BOARD MAY INCLUDE AMOUNTS ATTRIBUTABLE TO CONNECTION 2,602
CHARGES BEING PAID IN INSTALLMENTS IN ITS BILLINGS OF RATES AND 2,603
CHARGES FOR THE USE OF SANITARY FACILITIES.
(C) WHEN any rents OF THE SANITARY RATES or charges are 2,606
not paid when due, the board shall certify the same MAY DO ANY OR 2,607
ALL OF THE FOLLOWING AS IT CONSIDERS APPROPRIATE:
(1) CERTIFY THE UNPAID RATES OR CHARGES, together with any 2,610
penalties, to the county auditor, who shall place them upon the 2,611
real property tax list and duplicate against the property served 2,612
by such THE connection. Such rents and charges THE CERTIFIED 2,613
AMOUNT shall be a lien on such THE property from the date the 2,614
same are placed upon ON the real property tax list and duplicate 2,616
56
by the auditor and shall be collected in the same manner as other 2,618
taxes, EXCEPT THAT, NOTWITHSTANDING SECTION 323.15 OF THE REVISED 2,620
CODE, A COUNTY TREASURER SHALL ACCEPT A PAYMENT IN THAT AMOUNT 2,621
WHEN SEPARATELY TENDERED AS PAYMENT FOR THE FULL AMOUNT OF THE
UNPAID SANITARY RATES OR CHARGES AND ASSOCIATED PENALTIES. THE 2,622
LIEN SHALL BE RELEASED IMMEDIATELY UPON PAYMENT IN FULL OF THE 2,623
CERTIFIED AMOUNT.
(2) COLLECT THE UNPAID RATES OR CHARGES, TOGETHER WITH ANY 2,625
PENALTIES, BY ACTIONS AT LAW IN THE NAME OF THE COUNTY FROM AN 2,626
OWNER, TENANT, OR OTHER PERSON OR PUBLIC AGENCY THAT IS LIABLE 2,627
FOR THE PAYMENT OF THE RATES OR CHARGES; 2,628
(3) TERMINATE, IN ACCORDANCE WITH ESTABLISHED RULES, THE 2,630
SANITARY SERVICE TO THE PARTICULAR PROPERTY AND, IF SO 2,631
DETERMINED, ANY COUNTY WATER SERVICE TO THAT PROPERTY, UNLESS AND 2,632
UNTIL THE UNPAID SANITARY RATES OR CHARGES, TOGETHER WITH ANY 2,633
PENALTIES, ARE PAID IN FULL;
(4) APPLY, TO THE EXTENT REQUIRED, ANY SECURITY DEPOSIT 2,635
MADE IN ACCORDANCE WITH ESTABLISHED RULES TO THE PAYMENT OF 2,636
SANITARY RATES AND CHARGES FOR SERVICE TO THE PARTICULAR 2,637
PROPERTY. All
ALL moneys collected as rents for use of such sewers or 2,640
sewerage treatment or disposal works or as connection SANITARY 2,641
RATES, charges in, OR PENALTIES FIXED OR ESTABLISHED IN 2,642
ACCORDANCE WITH DIVISIONS (A) AND (B) OF THIS SECTION FOR any 2,643
sewer district shall be paid to the county treasurer and kept in 2,644
a separate and distinct SANITARY fund ESTABLISHED BY THE BOARD to 2,645
the credit of such THE district. Except as otherwise provided in 2,648
any resolution PROCEEDINGS authorizing or providing for the 2,650
security FOR and payment of any bonds outstanding on July 1, 2,651
1958, or thereafter issued PUBLIC OBLIGATIONS, or in any
indenture or trust OR OTHER agreement securing such bonds PUBLIC 2,653
OBLIGATIONS, such MONEYS IN THE SANITARY fund shall be used 2,655
APPLIED first for TO the payment of the cost of the management, 2,656
maintenance, and operation of the sewers of the district and 2,658
57
sewerage treatment or disposal works SANITARY FACILITIES OF, OR 2,659
used by OR OPERATED FOR, the district, which cost may include THE 2,662
COUNTY'S SHARE OF MANAGEMENT, MAINTENANCE, AND OPERATION COSTS
UNDER COOPERATIVE CONTRACTS FOR THE ACQUISITION, CONSTRUCTION, OR 2,663
USE OF SANITARY FACILITIES AND, in accordance with a cost 2,664
allocation plan adopted under division (B)(E) of this section, 2,666
payment of all allowable direct and indirect costs of the 2,668
district, the COUNTY sanitary engineer or sanitary engineering 2,670
department, or a federal or state grant program, incurred for the 2,671
SANITARY purposes of UNDER this chapter;, and shall be used 2,672
APPLIED second for TO the payment of interest or principal of 2,673
DEBT CHARGES PAYABLE ON any outstanding debt PUBLIC OBLIGATIONS 2,675
ISSUED OR incurred for the ACQUISITION OR construction of such 2,676
sewers or sewerage treatment or disposal works SANITARY 2,677
FACILITIES FOR OR SERVING THE DISTRICT, or for the creation 2,678
FUNDING of a sinking BOND RETIREMENT OR OTHER fund ESTABLISHED 2,679
for the payment of such debt OR SECURITY FOR THE OBLIGATIONS. 2,680
Any surplus thereafter remaining in such fund may be used for 2,682
APPLIED TO the enlargement, extension or replacement ACQUISITION 2,684
OR CONSTRUCTION of such sewers and sewerage treatment or disposal 2,686
works THOSE FACILITIES OR FOR THE PAYMENT OF CONTRIBUTIONS TO BE 2,687
MADE, OR COSTS INCURRED, FOR THE ACQUISITION OR CONSTRUCTION OF 2,688
THOSE FACILITIES UNDER COOPERATIVE CONTRACTS. Money so collected 2,689
MONEYS IN THE SANITARY FUND shall not be expended otherwise OTHER 2,690
than for the use and benefit of such THE district. No provision 2,692
of this section shall limit or restrict the power and discretion 2,693
of the board to determine how much of the cost of such 2,694
improvements shall be borne by the county at large and how much 2,695
shall be specially assessed upon benefited properties, nor the 2,696
power to issue notes and bonds for the share to be borne by the 2,697
county and in anticipation of the levy or collection of special 2,698
assessments for the share to be specially assessed, nor the power 2,699
of the board to levy special assessments upon benefited
properties for operation and maintenance whenever the rents and 2,700
58
other funds available are not sufficient to pay all the cost 2,701
thereof. 2,702
(B)(D) THE BOARD MAY FIX REASONABLE RATES AND CHARGES, 2,704
INCLUDING CONNECTION CHARGES AND PENALTIES FOR LATE PAYMENTS, TO 2,705
BE PAID BY ANY PERSON OR PUBLIC AGENCY OWNING OR HAVING 2,706
POSSESSION OR CONTROL OF ANY PROPERTIES THAT ARE CONNECTED WITH, 2,707
CAPABLE OF BEING SERVED BY, OR OTHERWISE SERVED DIRECTLY OR 2,708
INDIRECTLY BY, DRAINAGE FACILITIES OWNED OR OPERATED BY OR UNDER 2,709
THE JURISDICTION OF THE COUNTY, INCLUDING, BUT NOT LIMITED TO, 2,710
PROPERTIES REQUIRING, OR LYING WITHIN AN AREA OF THE DISTRICT 2,711
REQUIRING, IN THE JUDGMENT OF THE BOARD, THE COLLECTION, CONTROL, 2,713
OR ABATEMENT OF WATERS ORIGINATING OR ACCUMULATING IN, OR FLOWING
IN, INTO, OR THROUGH, THE DISTRICT, AND MAY CHANGE THOSE RATES 2,714
AND CHARGES FROM TIME TO TIME AS IT CONSIDERS ADVISABLE. THE 2,715
RATES AND CHARGES SHALL BE PAYABLE PERIODICALLY AS DETERMINED BY 2,716
THE BOARD, EXCEPT THAT ANY CONNECTION CHARGES SHALL BE PAID IN 2,717
FULL IN ONE PAYMENT, OR, IF DETERMINED BY THE BOARD TO BE 2,718
EQUITABLE IN A RESOLUTION RELATING TO THE PAYMENT OF THOSE
CHARGES, PROVISION CONSIDERED ADEQUATE BY THE BOARD SHALL BE MADE 2,719
FOR THEIR PAYMENT IN INSTALLMENTS AT THE TIMES, IN THE AMOUNTS, 2,720
AND WITH THE SECURITY, CARRYING CHARGES, AND PENALTIES AS MAY BE 2,721
FOUND BY THE BOARD IN THAT RESOLUTION TO BE FAIR AND APPROPRIATE. 2,722
THE BOARD MAY INCLUDE AMOUNTS ATTRIBUTABLE TO CONNECTION CHARGES 2,723
BEING PAID IN INSTALLMENTS IN ITS BILLINGS OF RATES AND CHARGES 2,724
FOR THE SERVICES PROVIDED BY THE DRAINAGE FACILITIES.
WHEN ANY OF THE DRAINAGE RATES OR CHARGES ARE NOT PAID WHEN 2,726
DUE, THE BOARD MAY DO ANY OR ALL OF THE FOLLOWING AS IT CONSIDERS 2,727
APPROPRIATE:
(1) CERTIFY THE UNPAID RATES OR CHARGES, TOGETHER WITH ANY 2,729
PENALTIES, TO THE COUNTY AUDITOR, WHO SHALL PLACE THEM UPON THE 2,730
REAL PROPERTY TAX LIST AND DUPLICATE AGAINST THE PROPERTY TO 2,731
WHICH THE RATES OR CHARGES APPLY. THE CERTIFIED AMOUNT SHALL BE 2,732
A LIEN ON THE PROPERTY FROM THE DATE PLACED ON THE REAL PROPERTY 2,733
TAX LIST AND DUPLICATE AND SHALL BE COLLECTED IN THE SAME MANNER
59
AS TAXES, EXCEPT THAT NOTWITHSTANDING SECTION 323.15 OF THE 2,734
REVISED CODE, A COUNTY TREASURER SHALL ACCEPT A PAYMENT IN THAT 2,735
AMOUNT WHEN SEPARATELY TENDERED AS PAYMENT FOR THE FULL AMOUNT OF 2,736
THE UNPAID DRAINAGE RATES OR CHARGES AND ASSOCIATED PENALTIES. 2,737
THE LIEN SHALL BE RELEASED IMMEDIATELY UPON PAYMENT IN FULL OF 2,738
THE CERTIFIED AMOUNT.
(2) COLLECT THE UNPAID RATES OR CHARGES, TOGETHER WITH ANY 2,740
PENALTIES, BY ACTIONS AT LAW IN THE NAME OF THE COUNTY FROM AN 2,741
OWNER, TENANT, OR OTHER PERSON OR PUBLIC AGENCY THAT IS LIABLE 2,742
FOR THE PAYMENT OF THE RATES OR CHARGES; 2,743
(3) TERMINATE, IN ACCORDANCE WITH ESTABLISHED RULES, THE 2,745
DRAINAGE SERVICE FOR THE PARTICULAR PROPERTY UNTIL THE UNPAID 2,746
RATES OR CHARGES, TOGETHER WITH ANY PENALTIES, ARE PAID IN FULL; 2,747
(4) APPLY, TO THE EXTENT REQUIRED, ANY SECURITY DEPOSIT 2,749
MADE IN ACCORDANCE WITH ESTABLISHED RULES TO THE PAYMENT OF 2,750
DRAINAGE RATES AND CHARGES APPLICABLE TO THE PARTICULAR PROPERTY. 2,751
ALL MONEYS COLLECTED AS DRAINAGE RATES, CHARGES, OR 2,753
PENALTIES IN OR FOR ANY SEWER DISTRICT SHALL BE PAID TO THE 2,754
COUNTY TREASURER AND KEPT IN A SEPARATE AND DISTINCT DRAINAGE 2,755
FUND ESTABLISHED BY THE BOARD TO THE CREDIT OF THE DISTRICT. 2,756
EXCEPT AS OTHERWISE PROVIDED IN ANY PROCEEDINGS AUTHORIZING OR
PROVIDING FOR THE SECURITY FOR AND PAYMENT OF ANY PUBLIC 2,757
OBLIGATIONS, OR IN ANY INDENTURE OR TRUST OR OTHER AGREEMENT 2,758
SECURING PUBLIC OBLIGATIONS, MONEYS IN THE DRAINAGE FUND SHALL BE 2,759
APPLIED FIRST TO THE PAYMENT OF THE COST OF THE MANAGEMENT, 2,760
MAINTENANCE, AND OPERATION OF THE DRAINAGE FACILITIES OF, OR USED
OR OPERATED FOR, THE DISTRICT, WHICH COST MAY INCLUDE THE 2,761
COUNTY'S SHARE OF MANAGEMENT, MAINTENANCE, AND OPERATION COSTS 2,762
UNDER COOPERATIVE CONTRACTS FOR THE ACQUISITION, CONSTRUCTION, OR 2,763
USE OF DRAINAGE FACILITIES AND, IN ACCORDANCE WITH A COST 2,764
ALLOCATION PLAN ADOPTED UNDER DIVISION (E) OF THIS SECTION, 2,765
PAYMENT OF ALL ALLOWABLE DIRECT AND INDIRECT COSTS OF THE
DISTRICT, THE COUNTY SANITARY ENGINEER OR SANITARY ENGINEERING 2,766
DEPARTMENT, OR A FEDERAL OR STATE GRANT PROGRAM, INCURRED FOR 2,767
60
DRAINAGE PURPOSES UNDER THIS CHAPTER, AND SHALL BE APPLIED SECOND 2,768
TO THE PAYMENT OF DEBT CHARGES PAYABLE ON ANY OUTSTANDING PUBLIC 2,769
OBLIGATIONS ISSUED OR INCURRED FOR THE ACQUISITION OR
CONSTRUCTION OF DRAINAGE FACILITIES FOR OR SERVING THE DISTRICT, 2,770
OR FOR THE FUNDING OF A BOND RETIREMENT OR OTHER FUND ESTABLISHED 2,771
FOR THE PAYMENT OF OR SECURITY FOR THE OBLIGATIONS. ANY SURPLUS 2,772
REMAINING MAY BE APPLIED TO THE ACQUISITION OR CONSTRUCTION OF 2,773
THOSE FACILITIES OR FOR THE PAYMENT OF CONTRIBUTIONS TO BE MADE, 2,774
OR COSTS INCURRED, FOR THE ACQUISITION OR CONSTRUCTION OF THOSE 2,775
FACILITIES UNDER COOPERATIVE CONTRACTS. MONEYS IN THE DRAINAGE 2,776
FUND SHALL NOT BE EXPENDED OTHER THAN FOR THE USE AND BENEFIT OF
THE DISTRICT. 2,777
(E) A board of county commissioners may adopt a cost 2,779
allocation plan that identifies, accumulates, and distributes 2,780
allowable direct and indirect costs that may be paid from EACH OF 2,781
the fund FUNDS of the district created in division (A) PURSUANT 2,783
TO DIVISIONS (C) AND (D) of this section, and THAT prescribes 2,785
methods for allocating those costs. The plan shall authorize 2,786
payment from the fund for EACH OF THOSE FUNDS OF only those costs 2,787
incurred by the district, the COUNTY sanitary engineer or 2,788
sanitary engineering department, or a federal or state grant 2,789
program, and those costs incurred by the general and other funds 2,790
of the county for a common or joint purpose, that are necessary 2,791
and reasonable for the proper and efficient administration of the 2,792
district under this chapter AND PROPERLY ATTRIBUTABLE TO THE 2,793
PARTICULAR FUND OF THE DISTRICT. The plan shall not authorize 2,794
payment from EITHER OF the fund FUNDS of any general government 2,796
expense required to carry out the overall governmental 2,797
responsibilities of a county. The plan shall conform to United 2,798
States office of management and budget Circular A-87, "Cost 2,799
Principles for State and, Local, AND INDIAN TRIBAL Governments," 2,800
published January 15 MAY 17, 1983 1995. 2,802
Sec. 6117.04. The authority of the A board of county 2,811
commissioners to provide sewer improvements and to ACQUIRE, 2,812
61
CONSTRUCT, maintain, and operate the same within SANITARY OR 2,814
DRAINAGE FACILITIES FOR A COUNTY sewer districts which include a 2,816
part or all of DISTRICT IN the territory within one or more OF A 2,818
municipal corporations CORPORATION, OR A REGIONAL DISTRICT 2,819
ESTABLISHED UNDER CHAPTER 6119. OF THE REVISED CODE, THAT IS IN 2,820
WHOLE OR IN PART WITHIN THE COUNTY SEWER DISTRICT is the same as 2,822
provided by law WITH RESPECT TO TERRITORY within districts A 2,823
COUNTY SEWER DISTRICT THAT IS wholly outside of A municipal 2,826
corporations, including the levying of assessments. Such 2,827
authority shall be limited to main works only, and does not
include CORPORATION OR A REGIONAL DISTRICT, SUBJECT TO THE 2,828
FOLLOWING IN THE CASE OF FACILITIES WITHIN A MUNICIPAL 2,829
CORPORATION:
(A) THE ACQUISITION, construction and, maintenance, AND 2,832
OPERATION of lateral sewers for local service within such THE 2,834
FACILITIES SHALL FIRST BE AUTHORIZED BY AN ORDINANCE OR 2,835
RESOLUTION OF THE LEGISLATIVE AUTHORITY OF THE municipal
corporation. All 2,836
(B) ALL road surfaces, curbs, sidewalks, sewers, water 2,839
pipes SUPPLY FACILITIES, or other public IMPROVEMENTS OR property 2,840
THAT MAY BE disturbed or damaged by such THE construction OF THE 2,841
FACILITIES shall be REPLACED OR restored to their original 2,843
condition within a reasonable time by the board COUNTY, and the 2,845
cost thereof shall be TREATED AS a part of the cost of such 2,846
improvement. After such main works are constructed, such THE 2,847
FACILITIES. 2,848
(C) THE municipal corporation, WITH THE PRIOR APPROVAL OF 2,851
OR BY AGREEMENT WITH THE BOARD, may MAKE use OF the same as an 2,852
outlet for branch and local sewers constructed by it for the 2,854
service and use only of that part of the municipal corporation 2,855
which lies within the area assessed or to be assessed for the 2,856
cost of such main works, subject to such FACILITIES IN ACCORDANCE 2,857
WITH rules and regulations as are established by the board and 2,860
subject to all ANY APPLICABLE requirements of the director of 2,861
62
environmental protection. 2,862
At any time after a district is established comprising or 2,864
including a part or all of the territory within any municipal 2,865
corporation, its legislative authority may by ordinance or 2,866
resolution authorize the board to proceed with the construction 2,867
or the maintenance, repair, and operation of any sewer 2,868
improvement for local service within such municipal corporation. 2,869
After such authority has been granted, the board may proceed with 2,870
the construction or the maintenance and operation of said 2,871
improvements in the same manner as provided by law for 2,872
improvements in districts wholly outside of municipal 2,873
corporations, under the same restrictions as provided in this 2,874
section for main works. 2,875
Sec. 6117.05. (A) Whenever any portion of a sewer 2,884
district is incorporated as, or annexed to, a municipal 2,885
corporation, the area so incorporated or annexed shall remain 2,886
under the jurisdiction of the board of county commissioners for 2,887
sewerage purposes, OF THE ACQUISITION AND CONSTRUCTION OF 2,888
SANITARY AND DRAINAGE FACILITY IMPROVEMENTS until all sewerage OF 2,889
THOSE improvements for said THE area for which detailed plans 2,891
have been prepared and the A resolution declaring the necessity 2,892
thereof DESCRIBED IN DIVISION (A) OR (E) OF SECTION 6117.06 OF 2,893
THE REVISED CODE has been adopted by the board have been ACQUIRED 2,896
OR completed, or until the board has abandoned such projects THE 2,898
IMPROVEMENTS. Such THE BOARD, UNLESS AND UNTIL A CONVEYANCE IS 2,899
MADE TO A MUNICIPAL CORPORATION IN ACCORDANCE WITH DIVISION (B) 2,900
OF THIS SECTION, SHALL CONTINUE TO HAVE JURISDICTION IN THE AREA 2,901
SO INCORPORATED OR ANNEXED WITH RESPECT TO THE MANAGEMENT,
MAINTENANCE, AND OPERATION OF ALL SANITARY AND DRAINAGE 2,903
FACILITIES SO ACQUIRED OR COMPLETED, OR PREVIOUSLY ACQUIRED OR 2,904
COMPLETED, INCLUDING THE RIGHT TO ESTABLISH RULES AND RATES AND 2,905
CHARGES FOR THE USE OF, AND CONNECTIONS TO, THE FACILITIES. THE
incorporation or annexation of any part of a district shall not 2,907
interfere with or render illegal any issue of bonds or 2,908
63
certificate of indebtedness made AFFECT THE LEGALITY OR
ENFORCEABILITY OF ANY PUBLIC OBLIGATIONS ISSUED OR INCURRED by 2,909
the board COUNTY FOR PURPOSES OF THIS CHAPTER to provide for the 2,911
payment of the cost of ACQUISITION, construction and, 2,913
maintenance, OR OPERATION of any sewer improvement SANITARY OR 2,914
DRAINAGE FACILITIES within such THE area, or with THE VALIDITY OF 2,915
any assessments levied or to be levied upon the property 2,916
PROPERTIES within such THE area to provide for the payment of the 2,918
cost of ACQUISITION, construction and, maintenance, OR OPERATION 2,920
OF THE FACILITIES.
(B) ANY COMPLETED SANITARY OR DRAINAGE FACILITIES ACQUIRED 2,922
OR CONSTRUCTED BY A COUNTY UNDER THIS CHAPTER FOR THE USE OF ANY 2,923
COUNTY SEWER DISTRICT, OR ANY PART OF THOSE FACILITIES, THAT ARE 2,924
LOCATED WITHIN A MUNICIPAL CORPORATION OR WITHIN ANY AREA THAT IS 2,925
INCORPORATED AS, OR ANNEXED TO, A MUNICIPAL CORPORATION, OR ANY 2,926
PART OF THE FACILITIES THAT SERVE A MUNICIPAL CORPORATION OR SUCH 2,927
AN AREA, MAY BE CONVEYED, BY MUTUAL AGREEMENT BETWEEN THE BOARD 2,928
AND THE MUNICIPAL CORPORATION, TO THE MUNICIPAL CORPORATION ON
TERMS AND FOR CONSIDERATION AS MAY BE NEGOTIATED. UPON AND AFTER 2,930
THE CONVEYANCE, THE MUNICIPAL CORPORATION SHALL MANAGE, MAINTAIN, 2,931
AND OPERATE THE FACILITIES IN ACCORDANCE WITH THE AGREEMENT. THE 2,933
BOARD MAY RETAIN THE RIGHT TO JOINT USE OF ALL OR PART OF ANY 2,934
FACILITIES SO CONVEYED FOR THE BENEFIT OF THE DISTRICT. NEITHER
THE VALIDITY OF ANY ASSESSMENT LEVIED OR TO BE LEVIED, NOR THE 2,935
LEGALITY OR ENFORCEABILITY OF ANY PUBLIC OBLIGATIONS ISSUED OR 2,936
INCURRED, TO PROVIDE FOR THE PAYMENT OF THE COST OF THE 2,937
ACQUISITION, CONSTRUCTION, MAINTENANCE, OR OPERATION OF THE 2,938
FACILITIES OR ANY PART OF THEM, SHALL BE AFFECTED BY THE
CONVEYANCE. 2,939
Sec. 6117.06. (A) After the establishment of any sewer 2,948
district, the board of county commissioners shall, IF A SANITARY 2,950
OR DRAINAGE FACILITY IMPROVEMENT IS TO BE UNDERTAKEN, MAY have 2,951
prepared by the county sanitary engineer PREPARE, OR OTHERWISE 2,953
CAUSE TO BE PREPARED, FOR THE DISTRICT, OR REVISE AS NEEDED, a 2,955
64
general plan of sewerage and sewage disposal for such district, 2,956
OR DRAINAGE THAT IS as complete IN EACH CASE as can be made 2,957
DEVELOPED at that THE time AND THAT IS DEVISED WITH REGARD TO ANY 2,958
EXISTING SANITARY OR DRAINAGE FACILITIES IN THE DISTRICT AND 2,959
PRESENT AS WELL AS PROSPECTIVE NEEDS FOR ADDITIONAL SANITARY OR 2,960
DRAINAGE FACILITIES IN THE DISTRICT. After such THE general 2,961
plan, IN ORIGINAL OR REVISED FORM, has been approved by the 2,962
board, it shall MAY ADOPT A RESOLUTION GENERALLY DESCRIBING THE 2,963
IMPROVEMENT THAT IS NECESSARY TO BE ACQUIRED OR CONSTRUCTED IN 2,965
ACCORDANCE WITH THE PARTICULAR PLAN, DECLARING THAT THE 2,966
IMPROVEMENT IS NECESSARY FOR THE PRESERVATION AND PROMOTION OF 2,967
THE PUBLIC HEALTH AND WELFARE, AND DETERMINING WHETHER OR NOT
SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED TO PAY ANY 2,968
PART OF THE COST OF THE IMPROVEMENT. 2,969
(B) IF SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED AND 2,971
COLLECTED TO PAY ANY PART OF THE COST OF THE IMPROVEMENT, THE 2,972
BOARD, IN THE RESOLUTION PROVIDED FOR IN DIVISION (A) OF THIS 2,973
SECTION OR IN A SUBSEQUENT RESOLUTION, INCLUDING A RESOLUTION 2,974
AUTHORIZING THE ISSUANCE OR INCURRENCE OF PUBLIC OBLIGATIONS FOR 2,975
THE IMPROVEMENT, MAY AUTHORIZE THE IMPROVEMENT AND THE
EXPENDITURE OF THE FUNDS REQUIRED FOR ITS ACQUISITION OR 2,976
CONSTRUCTION AND MAY PROCEED WITH THE IMPROVEMENT WITHOUT REGARD 2,977
TO THE PROCEDURES OTHERWISE REQUIRED BY DIVISIONS (C), (D), AND 2,978
(E) OF THIS SECTION AND BY SECTIONS 6117.07 TO 6117.24 OF THE 2,979
REVISED CODE. THOSE PROCEDURES ARE REQUIRED ONLY FOR 2,980
IMPROVEMENTS FOR WHICH SPECIAL ASSESSMENTS ARE TO BE LEVIED AND 2,981
COLLECTED.
(C) IF SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED 2,983
PURSUANT TO A DETERMINATION MADE IN THE RESOLUTION PROVIDED FOR 2,984
IN DIVISION (A) OF THIS SECTION OR IN A SUBSEQUENT RESOLUTION, 2,985
THE PROCEDURES REFERRED TO IN DIVISION (B) OF THIS SECTION AS 2,986
BEING REQUIRED FOR THAT PURPOSE SHALL APPLY, AND THE BOARD MAY 2,987
have prepared by the COUNTY sanitary engineer PREPARE, OR 2,989
OTHERWISE CAUSE TO BE PREPARED, detailed plans, specifications, 2,990
65
and estimates AN ESTIMATE of cost of such parts of FOR the 2,991
improvement as it is necessary to then construct, together with a 2,992
tentative assessment of the cost based on such THE estimate. 2,993
Such THE tentative assessment shall be for the information of 2,995
property owners, and shall not be LEVIED OR certified to the 2,996
county auditor for collection. Such THE detailed plans, 2,998
specifications, estimates ESTIMATE of cost, and tentative 3,000
assessment, so prepared by the sanitary engineer and IF approved 3,002
by the board, shall be carefully preserved in the office of the 3,003
board or the COUNTY sanitary engineer and shall be open to THE 3,004
inspection of all persons interested in such THE improvement. 3,005
(B)(D) After THE BOARD'S approval of the detailed plans, 3,008
specifications, estimates ESTIMATE of cost, and tentative 3,009
assessment, and at least twenty-four days before adopting a 3,011
resolution as required by PURSUANT TO division (C)(E) of this 3,013
section, the board, EXCEPT TO THE EXTENT THAT APPROPRIATE WAIVERS 3,014
OF NOTICE ARE OBTAINED FROM AFFECTED OWNERS, shall send CAUSE TO 3,015
BE SENT a notice of its intent to consider or adopt a THE 3,017
resolution to each owner of property PROPOSED TO BE ASSESSED that 3,019
is listed on the records of the county auditor for current 3,021
agricultural use value taxation pursuant to section 5713.31 of 3,022
the Revised Code and that is not located in an agricultural 3,023
district established under section 929.02 of the Revised Code. 3,024
The notice shall SATISFY ALL OF THE FOLLOWING:
(1) Be sent by first class or certified mail; 3,026
(2) Specify the proposed date of the adoption of the 3,028
resolution; 3,029
(3) Contain a statement that the project IMPROVEMENT will 3,031
be financed in whole or in part by special assessments and that 3,033
all owners of property PROPERTIES not located in an agricultural 3,034
district established pursuant to section 929.02 of the Revised 3,036
Code may be subject to a special assessment; and 3,037
(4) Contain a statement that an agricultural district may 3,039
be established by filing an application with the county auditor. 3,040
66
If it appears, by the return of the mailed notices or by 3,042
other means, that one or more of the AFFECTED owners of property 3,044
cannot be found or are not served by the mailed notice, the board 3,045
shall publish CAUSE the notice TO BE PUBLISHED ONCE in a 3,046
newspaper of general circulation within IN the county not later 3,048
than ten days before the adoption of the resolution. 3,049
(C)(E) After complying with divisions (A), (C), and (B)(D) 3,052
of this section, the board shall MAY adopt a resolution declaring 3,053
that such THE improvement, describing the same WHICH SHALL BE 3,055
DESCRIBED AS TO ITS NATURE and the ITS location, route, and 3,056
termini thereof, is necessary for the preservation and promotion 3,057
of THE public health and welfare, referring to the plans, 3,058
specifications, estimates ESTIMATE of cost, and tentative 3,059
assessments ASSESSMENT, stating the place where they are on file 3,061
and may be examined, and what part of PROVIDING THAT the ENTIRE 3,062
cost OR A LESSER DESIGNATED PART OF THE COST will be paid by the 3,063
county at large and what part will be specially assessed against 3,065
the benefited property PROPERTIES within the district AND THAT 3,066
ANY BALANCE WILL BE PAID BY THE COUNTY AT LARGE FROM OTHER 3,067
AVAILABLE FUNDS. Such THE resolution shall also SHALL contain a 3,069
description of the boundaries of that part of the district to be 3,070
assessed, and may include the estimated cost of maintaining the 3,071
improvement for one year. The resolution shall designate a time 3,072
and place, to be fixed by the board, when and where FOR
objections to the improvement, to the tentative assessment, or to 3,073
the boundaries of the assessment district will TO be heard by the 3,075
board. The date of such THAT hearing shall be not less than 3,076
twenty-four days after the date of the first publication of the 3,077
notice OF THE HEARING required by this section DIVISION. The 3,079
THE board shall publish CAUSE a notice of the hearing TO BE 3,083
PUBLISHED once a week for two consecutive weeks in a newspaper of 3,085
general circulation within IN the county, and on or before the 3,086
date of the second publication, IT shall send CAUSE TO BE SENT by 3,087
ordinary first class or certified mail a copy of the notice to 3,088
67
every owner of property to be assessed for such THE improvement 3,089
whose address is known. The 3,091
THE notice shall set forth the time and place of such THE 3,093
hearing, a summary description of the proposed improvement, 3,094
including its general route and termini, a summary description of 3,095
the area to be assessed CONSTITUTING THE ASSESSMENT DISTRICT, and 3,097
the place where the plans, specifications, estimates ESTIMATE of 3,098
cost, and tentative assessments ASSESSMENT are on file and may be 3,100
examined. The EACH MAILED notice shall also SHALL include a 3,101
statement that the property of the addressee will be assessed for 3,102
such THE improvement. THE NOTICE ALSO 3,103
Notice of such hearing shall be mailed SENT BY FIRST CLASS 3,105
OR CERTIFIED MAIL, ON OR BEFORE THE DATE OF THE SECOND 3,106
PUBLICATION, to the clerk, OR TO THE OFFICIAL DISCHARGING THE 3,107
DUTIES OF A CLERK, of any municipal corporation any part of which 3,109
lies within the assessment district AND SHALL STATE WHETHER OR 3,110
NOT ANY PROPERTY BELONGING TO THE MUNICIPAL CORPORATION IS TO BE 3,111
ASSESSED AND, IF SO, SHALL IDENTIFY THAT PROPERTY. 3,112
A AT THE hearing shall be granted by, OR AT ANY ADJOURNMENT 3,115
OF THE HEARING, OF WHICH NO FURTHER PUBLISHED OR MAILED NOTICE
NEED BE GIVEN, the board to SHALL HEAR all parties interested at 3,117
the time and place fixed by such resolution and notice WHOSE 3,118
PROPERTIES ARE PROPOSED TO BE ASSESSED. Written objections to or 3,119
indorsements ENDORSEMENTS of the proposed improvement or the, ITS 3,120
character and termini thereof, the boundaries of the assessment 3,122
district, or the tentative assessment shall be received by the 3,123
board for a period of five days after the COMPLETION OF THE 3,124
hearing. No, AND NO action shall be taken by the board in the 3,126
matter until after such THAT period has elapsed. The minutes of 3,127
the hearing shall be entered on the journal of the board, showing 3,129
the persons who appear in person or by attorney. All, AND ALL 3,130
written objections shall be preserved and filed in the office of 3,132
the board.
Sec. 6117.08. After the passage ADOPTION of the A 3,141
68
resolution to proceed with an improvement as provided for in 3,143
section 6117.07 of the Revised Code, no further action THE 3,144
CONSTRUCTION OF THE IMPROVEMENT shall be taken or work done in 3,145
connection therewith DEFERRED until ten days have elapsed. If, 3,147
at the expiration of such THAT period, no appeal has been 3,148
effected by any property owner, as provided in sections 6117.09 3,150
to 6117.24, inclusive, of the Revised Code, the action of the 3,151
board OF COUNTY COMMISSIONERS shall be final, and the board may 3,153
proceed to issue and sell bonds or certificates of indebtedness 3,154
INCUR PUBLIC OBLIGATIONS and to construct such THE improvement. 3,155
If, at the end of THAT ten days, any owner of property to be 3,157
assessed or taxed for the improvement has effected such AN 3,158
appeal, then said work THE CONSTRUCTION OF THE IMPROVEMENT shall 3,160
not be proceeded with DEFERRED until the matters appealed from 3,161
have been disposed of in court. 3,162
Sec. 6117.23. The final judgment of the probate court may 3,171
be reviewed on appeal as in other cases. If AN appeal is 3,172
prosecuted from the judgment of the probate court as to the 3,173
question of necessity of the improvement, no action shall be 3,174
taken by the board of county commissioners in proceeding with THE 3,175
CONSTRUCTION OF the improvement SHALL BE DEFERRED until such THE 3,177
appeal is finally disposed of. If an appeal is prosecuted from 3,178
the judgment of the court as to the inclusion of any property in 3,179
the assessment district or as to the apportionment of the 3,180
tentative assessment, the board OF COUNTY COMMISSIONERS may 3,181
proceed with the CONSTRUCTION OF THE improvement in accordance 3,182
with the transcript of the probate court and shall thereafter 3,184
SHALL adjust such THOSE matters TO THE EXTENT NECESSARY in 3,185
accordance with the THEIR final adjudication in regard thereto. 3,187
Sec. 6117.251. (A) After the establishment of any COUNTY 3,196
sewer district, the board of county commissioners may determine 3,198
by resolution that it is necessary to provide sewer and sewage 3,199
disposal SANITARY OR DRAINAGE FACILITY improvements and to 3,201
maintain and operate the same IMPROVEMENTS within the sewer 3,203
69
district or a designated portion thereof and OF THE DISTRICT, 3,204
that such sewer and sewage disposal THE improvements, WHICH SHALL 3,205
BE generally described in such THE resolution, shall be 3,207
constructed, THAT FUNDS ARE REQUIRED TO PAY THE PRELIMINARY COSTS 3,208
OF THE IMPROVEMENTS TO BE INCURRED PRIOR TO THE COMMENCEMENT OF 3,209
THE PROCEEDINGS FOR THEIR CONSTRUCTION, AND THAT THOSE FUNDS 3,210
SHALL BE PROVIDED IN ACCORDANCE WITH THIS SECTION.
(B) Prior to the adoption of such THE resolution, the 3,212
board of county commissioners shall give notice of the ITS 3,214
pendency thereof and of the proposed determination of the 3,216
necessity of the improvements therein generally described, which 3,217
IN THE RESOLUTION. THE notice shall set forth a description of 3,219
the properties to be benefited by the improvements and the time 3,220
and place of A hearing of objections to and endorsements of the 3,222
improvements. Such THE notice shall be given EITHER by 3,223
publication in a newspaper of general circulation IN THE COUNTY 3,224
once a week for two consecutive weeks, OR BY MAILING A COPY OF 3,226
THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO THE OWNERS OF THE 3,227
PROPERTIES PROPOSED TO BE ASSESSED AT THEIR RESPECTIVE TAX 3,228
MAILING ADDRESSES, OR BY BOTH MANNERS, the first publication to 3,229
be MADE OR THE MAILING TO OCCUR at least two weeks prior to the 3,231
date set for the hearing. At such THE hearing, or at any 3,232
adjournment thereof OF THE HEARING, of which no further published 3,234
OR MAILED notice need be given, the board of county commissioners 3,235
shall hear all persons whose properties are proposed to be 3,236
assessed, and such THE evidence as is deemed IT CONSIDERS to be 3,237
necessary, and shall. THE BOARD then SHALL determine the 3,239
necessity of the proposed improvement, IMPROVEMENTS and in 3,240
addition shall determine whether such THE improvements shall be 3,242
made by the board of county commissioners and, IF THEY ARE TO BE 3,243
MADE, shall direct the preparation of tentative assessments upon 3,245
the benefited properties and by whom they shall be prepared. 3,246
Thereupon in (C) IN order to obtain funds for the 3,248
preparation of a general OR REVISED GENERAL plan of sewers or 3,250
70
sewers and sewage disposal works SEWERAGE OR DRAINAGE for such 3,252
THE district or part thereof and OF THE DISTRICT, FOR THE 3,253
PREPARATION OF the detailed plans, specifications, estimates 3,254
ESTIMATE of cost, preparation of the AND tentative assessment FOR 3,256
THE PROPOSED IMPROVEMENTS, and FOR the cost of financing and 3,257
legal services incident to the preparation of all of such THOSE 3,258
plans and a plan of financing the proposed improvement 3,260
IMPROVEMENTS, the board of county commissioners may levy upon the 3,262
property PROPERTIES to be benefited in such THE district a 3,263
preliminary assessment apportioned according to benefits or to 3,264
tax valuation or partly by one method and partly by the other, 3,265
METHOD as the board of county commissioners may determine. Such 3,267
THE assessments shall be in the amount determined to be necessary 3,269
to obtain funds for such THE general and detailed plans and such 3,270
costs THE COST of financing and legal services and shall be 3,272
payable in such THE number of years as THAT the board of county 3,273
commissioners shall determine, not to exceed twenty years, 3,275
together with interest on any notes which PUBLIC OBLIGATIONS THAT 3,276
may be issued OR INCURRED in anticipation of the collection of 3,278
such THE assessments.
(D) The board of county commissioners shall have power at 3,280
any time to levy additional assessments according to benefits or 3,282
to tax valuation or partly by one method and partly by the other, 3,283
METHOD as the board of county commissioners may determine for 3,285
such THE purposes DESCRIBED IN DIVISION (C) OF THIS SECTION upon 3,287
such THE BENEFITED properties to complete the payment of such THE 3,289
costs DESCRIBED IN DIVISION (C) OF THIS SECTION or to pay the 3,290
cost of any additional plans, specifications, estimates ESTIMATE 3,292
of cost, OR tentative assessments ASSESSMENT and the cost of 3,294
financing and legal services incident to the preparation of such 3,295
THOSE plans and such THE plan of financing, which additional 3,296
assessments shall be payable in such THE number of years as THAT 3,298
the legislative authority BOARD shall determine, not to exceed 3,299
twenty years, together with interest on any notes and bonds which 3,301
71
PUBLIC OBLIGATIONS THAT may be issued OR INCURRED in anticipation 3,303
of the collection thereof OF THE ADDITIONAL ASSESSMENTS. 3,304
(E) Prior to the adoption of the A resolution levying such 3,307
assessments UNDER THIS SECTION, the board shall give at least ten 3,308
days' notice EITHER BY ONE PUBLICATION in one A newspaper of 3,310
general circulation in the county which shall state, OR BY
MAILING A COPY OF THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO 3,311
THE OWNERS OF THE PROPERTIES PROPOSED TO BE ASSESSED AT THEIR 3,312
RESPECTIVE TAX MAILING ADDRESSES, OR BY BOTH MANNERS, THE 3,313
PUBLICATION TO BE MADE OR THE MAILING TO OCCUR AT LEAST TEN DAYS 3,314
PRIOR TO the time and place when and where such DATE OF THE 3,316
MEETING AT WHICH THE resolution shall be taken up for 3,317
consideration; THAT NOTICE SHALL STATE THE TIME AND PLACE OF THE 3,318
MEETING AT WHICH THE RESOLUTION IS TO BE CONSIDERED. At such THE 3,320
time and place OF THE MEETING, or at any adjournment thereof OF 3,321
THE MEETING, of which no further published OR MAILED notice need 3,322
be given, the board shall hear all persons whose properties are 3,323
proposed to be assessed, shall correct any errors and make any 3,324
revisions that appear to be necessary or just, and may then pass 3,325
MAY ADOPT a resolution levying upon the properties determined to 3,327
be benefited such THE assessments as so corrected and revised. 3,328
The assessments levied by such THE resolution shall be 3,330
certified to the county auditor for collection IN THE SAME MANNER 3,332
as other taxes in the year or years in which they are payable. 3,334
(F) Upon the adoption of such THE resolution DESCRIBED IN 3,337
DIVISION (E) OF THIS SECTION, no further action shall be taken or 3,339
work done until ten days have elapsed. If, at the expiration of 3,340
such THAT period, no appeal has been effected by any property 3,342
owner as herein provided IN THIS DIVISION, the action of the 3,343
board shall be final. If, at the end of THAT ten days, any owner 3,344
of property to be assessed for the improvement IMPROVEMENTS has 3,346
effected such an appeal then, no further action shall be taken 3,348
and no work done in connection with such THE improvements under 3,349
said THE resolution until the matters appealed from have been 3,351
72
disposed of in court.
Any owner of property to be assessed may appeal as provided 3,353
and upon the grounds stated in sections 6117.09 to 6117.24, 3,354
inclusive, of the Revised Code. 3,355
If no appeal has been perfected or if on appeal the 3,357
resolution of award of county commissioners THE BOARD is 3,358
sustained, the board of county commissioners may authorize AND 3,360
ENTER INTO contracts to carry out the purposes for which such THE 3,362
assessments have been levied without the prior issuance of notes, 3,364
provided that the payments due by the board of county 3,365
commissioners UNDER THOSE CONTRACTS do not fall due prior to the 3,366
time in BY which such THE assessments shall ARE TO be collected. 3,368
The board of county commissioners shall also have power to MAY 3,369
issue and sell its bonds with a maximum maturity of twenty years 3,371
in anticipation of the collection of such THE assessments and may 3,372
issue its notes in anticipation of the issuance of such THE 3,374
bonds, which notes and bonds, AS PUBLIC OBLIGATIONS, shall be 3,375
issued and sold as provided in Chapter 133. of the Revised Code. 3,377
Sec. 6117.28. Whenever the owners of all the lots and 3,386
lands to be benefited by, and to be assessed for, any sewer 3,387
SANITARY OR DRAINAGE FACILITY improvement or sewage treatment 3,389
works, provided for in sections 6117.01 to 6117.45, inclusive, of 3,390
the Revised Code THIS CHAPTER, by petition in writing, request 3,392
the board of county commissioners to provide for the ACQUISITION
OR construction, maintenance, and operation of any such 3,394
improvements THE IMPROVEMENT, describing the improvements desired 3,396
IMPROVEMENT and the lots and lands owned by them respectively to 3,397
be assessed to pay the cost and OF ACQUISITION OR CONSTRUCTION, 3,398
maintenance, AND OPERATION of such improvements, THE IMPROVEMENT 3,400
and consenting that their said lots and lands may be assessed to 3,401
pay the cost of such improvements THE ACQUISITION OR CONSTRUCTION 3,402
OF THE IMPROVEMENT and of ITS maintenance and operation as 3,403
provided in such sections THIS CHAPTER, and waive notice and the 3,404
publication of all resolutions and legal notices provided for in 3,406
73
such sections OTHERWISE REQUIRED, the board shall MAY HAVE THE 3,409
COUNTY SANITARY ENGINEER prepare, OR OTHERWISE CAUSE TO BE 3,410
PREPARED, the necessary plans, specifications, and estimates 3,412
ESTIMATE of cost of THE ACQUISITION OR construction, maintenance, 3,413
and operation thereof, OF THE IMPROVEMENT and a tentative 3,414
assessment. When all the owners of the lots and lands to be 3,416
benefited by and assessed for the proposed improvements state, in 3,417
writing, that they have examined the estimated ESTIMATE OF cost 3,418
and tentative assessment as made by the county sanitary engineer, 3,421
that they have no objection thereto OBJECTIONS TO THEM, and that, 3,423
in case bonds are sold PROPOSED TO BE ISSUED prior to the 3,425
ACQUISITION OR construction of the improvements IMPROVEMENT, they 3,427
waive their right of OR option to pay the assessments in cash, 3,429
then the board shall MAY proceed, as provided in such sections, 3,431
THIS CHAPTER to cause such improvements THE IMPROVEMENT to be 3,432
ACQUIRED OR constructed and TO CAUSE provision to be made for the 3,434
payment of the cost of ITS ACQUISITION OR construction, 3,436
maintenance, and operation in accordance with such sections, 3,437
except that none of the notices or publications OTHERWISE 3,438
required by law need be made nor any GIVEN AND NO opportunity 3,439
NEED be given PROVIDED for THE filing of objections to the 3,441
improvement, ITS CHARACTER AND TERMINI, THE BOUNDARIES OF THE 3,442
ASSESSMENT DISTRICT, or to the TENTATIVE assessment or, if bonds 3,444
have been sold ARE ISSUED PRIOR TO THE ACQUISITION OR 3,445
CONSTRUCTION OF THE IMPROVEMENT, for paying the assessments in 3,446
cash. The board shall forthwith MAY proceed to authorize and 3,448
issue bonds or certificates INCUR PUBLIC OBLIGATIONS IN THE 3,450
REQUIRED AMOUNT, COMPLETE THE ACQUISITION OR CONSTRUCTION of 3,451
indebtedness THE IMPROVEMENT, and levy and collect the 3,452
assessments authorized in sections 6117.01 to 6117.40, inclusive, 3,454
of the Revised Code BY THIS CHAPTER. No person, firm, or 3,455
corporation may PUBLIC AGENCY SHALL HAVE THE RIGHT TO appeal from 3,456
any decision or action of the board in the matter except refusal 3,459
by the board to proceed with such THE improvement. The 3,460
74
THE tentative assessment provided for in this section shall 3,463
be for the information of property owners and shall not be LEVIED 3,464
OR certified to the county auditor for collection. On completion 3,466
of the work IMPROVEMENT, the ITS cost thereof shall be 3,467
determined, including incidental expense as defined in sections 3,469
6117.01 to 6117.40, inclusive, of the Revised Code, and a revised 3,471
assessment shall be prepared by the COUNTY sanitary engineer 3,472
SHALL PREPARE, OR OTHERWISE CAUSE TO BE PREPARED, A REVISED 3,473
ASSESSMENT based on such THE actual cost and in substantially the 3,475
same proportion as the tentative assessment. The board shall 3,477
confirm such AND LEVY THE revised assessment and certify the same 3,479
IT to the COUNTY auditor for collection. 3,480
Sec. 6117.29. The cost of any improvement provided for in 3,489
sections 6117.01 to 6117.40, inclusive, of the Revised Code, THIS 3,490
CHAPTER and the cost of the ITS maintenance and operation thereof 3,492
shall include, in addition to the cost of ITS ACQUISITION OR 3,494
construction, the cost of engineering, necessary publications, 3,495
inspection, interest on certificates of indebtedness or on bonds 3,496
PUBLIC OBLIGATIONS, and all other items of cost incident to such 3,498
THE improvement AS DESCRIBED IN DIVISION (B) OF SECTION 133.15 OF 3,499
THE REVISED CODE. The county may pay FROM AVAILABLE COUNTY FUNDS 3,500
any part of the cost of such THE improvement and ANY PART of the 3,501
COST OF ITS maintenance and operation thereof if the board of 3,503
county commissioners deems such CONSIDERS THE payment TO BE just. 3,504
Sec. 6117.30. The cost and expense of the ACQUISITION OR 3,513
construction of a main, branch or intercepting sewer or sewerage 3,515
treatment or disposal works SANITARY OR DRAINAGE FACILITIES to be 3,516
paid by assessment ASSESSMENTS shall be assessed, as an 3,517
assessment district assessment, upon all the property within such 3,519
THE COUNTY SEWER district found to be benefited in accordance 3,520
with the special benefits conferred, less such ANY part of said 3,521
THE cost as THAT is paid by the county at large, and state lands 3,523
FROM OTHER AVAILABLE FUNDS. STATE LAND so benefited shall bear 3,525
its proportion PORTION of THE assessed cost according to special 3,526
75
benefit. 3,527
Sec. 6117.32. The county sanitary engineer, upon the 3,536
completion of any improvement under sections 6117.01 to 6117.45, 3,537
inclusive, of the Revised Code IN ACCORDANCE WITH THIS CHAPTER, 3,538
shall prepare, OR OTHERWISE CAUSE TO BE PREPARED, and SHALL 3,540
present to the board of county commissioners a revised 3,541
assessment, based on the tentative assessment previously ratified 3,542
by the board for such THE improvement, or, if such THE tentative 3,544
assessment has been revised by order of court, BASED on such THE 3,546
revised tentative assessment, the assessment levied on each piece 3,548
of property being modified in substantially the same proportion 3,549
as the actual cost of the work IMPROVEMENT, including incidental 3,550
costs provided for in sections 6117.01 to 6117.40, inclusive, of 3,552
the Revised Code, bears to the estimated cost on which such THE 3,553
tentative assessment was based. No notice of such THE revised 3,555
assessment shall be given unless such THE actual cost exceed 3,557
EXCEEDS the estimated cost. If the actual cost exceeds the 3,558
estimated cost, notice shall be given TO all property owners 3,559
within the assessment district and shall be published as provided 3,560
BY SECTION 6117.07 OF THE REVISED CODE for amendments of the
tentative assessment. Any, AND ANY property owner may appeal as 3,562
provided for in THE case of A tentative assessments ASSESSMENT. 3,564
The board shall confirm such THE revised assessment, and, when so 3,566
confirmed, the same is IT SHALL BE final AND CONCLUSIVE. If an 3,569
appeal has been made, as provided in this section, such THAT 3,570
confirmation shall be subject to the finding of the court. The 3,571
THE board may, at such intervals as it deems CONSIDERS 3,575
expedient, assess MAY LEVY AN ADDITIONAL ASSESSMENT ON the lots 3,577
and parcels of land specified in said notice of assessment and 3,578
levy taxes upon the taxable property of the district so improved 3,579
ASSESSED FOR THE IMPROVEMENT, INCLUDING STATE LAND, IN ORDER to 3,580
pay the cost of the maintenance, REPAIR, and operation of any 3,582
such THE improvement, including disposal of sewage, after ITS 3,583
completion thereof, and for the purpose of keeping clean and in 3,584
76
repair ditches, drains and water-courses serving such 3,585
improvements. No FURTHER notice shall be necessary of such 3,587
maintenance, repair, or operation THAT ADDITIONAL assessment 3,588
SHALL BE NECESSARY unless the amount thereof OF IT exceeds ten 3,590
per cent of the original cost of the construction ACQUIRING OR 3,591
CONSTRUCTING THE IMPROVEMENT. If such maintenance, repair, and 3,592
operation THAT ADDITIONAL assessment exceeds ten per cent of the 3,594
original cost of the construction ACQUIRING OR CONSTRUCTING THE 3,595
IMPROVEMENT, the METHOD AND manner of making said THAT ADDITIONAL 3,596
assessment, together with the notice thereof OF IT, shall be the 3,598
same as provided in sections 6117.01 to 6117.45, inclusive, of 3,600
the Revised Code, THIS CHAPTER for the original assessment. THAT 3,601
ADDITIONAL ASSESSMENT SHALL BE SUBJECT TO ANY APPLICABLE 3,602
PROVISIONS OF SECTION 6117.33 OF THE REVISED CODE, PROVIDED THAT
THE ASSESSMENT MAY BEAR INTEREST AT A RATE AS THE BOARD 3,603
DETERMINES TO BE APPROPRIATE.
Sec. 6117.34. Whenever the legislative authority or board 3,612
of health, or the officers performing the duties of the 3,613
legislative authority or board of health, of a municipal 3,614
corporation, the board of health of a general health district, or 3,615
a board of township trustees makes complaint, in writing, to the 3,616
environmental protection agency that unsanitary conditions exist 3,617
in any county, the AGENCY'S director of environmental protection 3,618
shall forthwith SHALL inquire into and investigate the conditions 3,620
complained of. If, upon investigation of such THE complaint, the 3,622
director finds that it is necessary for the public health and 3,623
welfare that sewer improvements or sewage treatment or disposal 3,624
works SANITARY OR DRAINAGE FACILITIES be ACQUIRED OR constructed, 3,626
maintained, and operated for the service of TO SERVE any 3,627
territory outside of municipal corporations in any county, the 3,628
director shall notify the board of county commissioners of such 3,629
THE county of its THAT finding AND ORDER THAT CORRECTIVE ACTION 3,631
BE TAKEN. The board shall obey such THE order and proceed as 3,633
provided in sections 6117.01 to 6117.45 of the Revised Code, THIS 3,634
77
CHAPTER to establish A COUNTY sewer districts DISTRICT, IF 3,635
REQUIRED, TO provide THE necessary funds, and TO ACQUIRE OR 3,637
construct such sewers or treatment works THE FACILITIES, or AND 3,639
TO maintain, repair, or AND operate the same FACILITIES, as are 3,640
required by such THE order and in such A manner as THAT is 3,642
satisfactory to the director. Any PART or all of the cost of 3,644
such improvement THE FACILITIES or OF THE maintenance AND 3,645
OPERATION OF THE FACILITIES may be assessed upon the property 3,646
benefited PROPERTIES as provided in sections 6117.01 to 6117.45 3,647
of the Revised Code THIS CHAPTER. 3,648
Sec. 6117.38. (A) At any time after the formation of any 3,657
COUNTY sewer district, the board of county commissioners, when it 3,659
deems CONSIDERS it expedient APPROPRIATE, on application by a 3,661
corporation, individual, PERSON or public institution AGENCY FOR 3,663
THE PROVISION OF SEWERAGE OR DRAINAGE TO PROPERTIES OF THE PERSON 3,664
OR PUBLIC AGENCY LOCATED outside of any THE district, may 3,665
contract with such corporation, individual, THE PERSON or public 3,666
institution AGENCY for depositing sewage OR DRAINAGE from 3,668
premises outside such district THOSE PROPERTIES in the sewers 3,670
FACILITIES ACQUIRED OR constructed or to be ACQUIRED OR 3,671
constructed BY THE COUNTY to serve such THE district and for the 3,673
treatment or, disposal thereof, AND DISPOSITION OF THE SEWAGE OR 3,674
DRAINAGE, on such terms as THAT the board deems CONSIDERS 3,676
equitable. The amount to be paid BY THE PERSON OR PUBLIC AGENCY 3,677
TO REIMBURSE THE COUNTY FOR COSTS OF ACQUIRING OR CONSTRUCTING 3,678
THOSE FACILITIES shall not be less than the original OR 3,679
COMPARABLE assessment for similar property within the district 3,681
OR, and such IN THE ABSENCE OF AN ORIGINAL OR COMPARABLE 3,682
ASSESSMENT, AN AMOUNT THAT IS FOUND BY THE BOARD TO BE REASONABLE
AND FAIRLY REFLECTIVE OF THAT PORTION OF THE COST OF THOSE 3,683
FACILITIES ATTRIBUTABLE TO THE PROPERTIES TO BE SERVED. THE 3,684
board shall appropriate any moneys received for such THAT service 3,686
to and for the use and benefit of such THE district. When the 3,688
THE board deems it necessary to contract with a corporation, 3,690
78
individual, or public institution for depositing sewage from 3,691
premises outside such district in the sewers constructed or to be 3,692
constructed to serve such district, it shall so determine by 3,693
resolution, and may collect said THE amount in cash TO BE PAID BY 3,695
THE PERSON OR PUBLIC AGENCY IN FULL, IN CASH OR IN INSTALLMENTS 3,696
AS A PART OF A CONNECTION CHARGE TO BE COLLECTED IN ACCORDANCE 3,697
WITH DIVISION (B) OR (D) OF SECTION 6117.02 OF THE REVISED CODE, 3,698
or IF THE PROPERTIES TO BE SERVED ARE LOCATED WITHIN THE COUNTY, 3,699
the same AMOUNT may be assessed against said lots or parcels of 3,701
land THOSE PROPERTIES, and, IN THAT EVENT, the manner of making 3,703
said THE assessment, together with the notice thereof OF IT, 3,704
shall be the same as provided in sections 6117.01 to 6117.40, 3,706
inclusive, of the Revised Code, for the original assessment THIS 3,707
CHAPTER.
(B) Whenever sewers SANITARY OR DRAINAGE FACILITIES have 3,710
been ACQUIRED OR constructed by, AND AT THE EXPENSE OF, a 3,711
corporation, individual, PERSON or public institution at its own 3,712
cost for the purpose of providing sewerage for any allotment, 3,713
development, subdivision, or similar enterprise, or for any 3,714
institution, AGENCY and the board deems CONSIDERS it expedient 3,716
APPROPRIATE to acquire said sewers THE FACILITIES or any part 3,717
thereof OF THEM for the purpose of providing sewerage for OR 3,719
DRAINAGE SERVICE TO territory outside the allotment, subdivision, 3,720
development, or other such enterprise for which such sewers were 3,721
constructed, such additional territory being within a SEWER 3,722
district, the county sanitary engineer, AT THE DIRECTION OF THE 3,723
BOARD, shall examine said sewers THE FACILITIES. If he THE 3,724
COUNTY SANITARY ENGINEER finds such sewers THE FACILITIES 3,727
properly designed and constructed he, THE COUNTY SANITARY 3,728
ENGINEER shall make an appraisal of the present value of said 3,730
sewers or parts thereof to the district as a means of providing 3,731
sewerage for such territory outside the allotment, subdivision, 3,732
development, or similar enterprise for which it was originally 3,733
constructed and shall certify the same THAT FACT to the board. 3,734
79
In such appraisal no allowance shall be made for the value of 3,736
such sewers to the territory for the service of which it was 3,737
originally constructed. The board by resolution may determine to 3,738
purchase said sewers THE FACILITIES OR ANY PART OF THEM at a cost 3,739
not to exceed the present value of said sewers as certified by 3,741
THAT, AFTER CONSULTATION WITH the COUNTY sanitary engineer, IT 3,742
FINDS TO BE REASONABLE. For 3,743
SUBJECT TO AND IN ACCORDANCE WITH THIS DIVISION AND 3,745
DIVISION (B) OR DIVISIONS (C), (D), AND (E) OF SECTION 6117.06 OF 3,747
THE REVISED CODE, THE BOARD MAY PURCHASE THE FACILITIES OR ANY 3,748
PART OF THEM BY NEGOTIATION. FOR the purpose of paying for said 3,750
sewers and the maintenance thereof COST OF THEIR ACQUISITION, the 3,751
board may issue bonds or certificates of indebtedness INCUR 3,752
PUBLIC OBLIGATIONS and assess the ENTIRE COST, OR A LESSER 3,753
DESIGNATED PART OF THE cost, OF THEIR ACQUISITION against the 3,755
benefited property PROPERTIES in the same manner as provided by 3,757
sections 6117.01 to 6117.40, inclusive, of the Revised Code, IN 3,758
THIS CHAPTER for the construction of an original sewer OR 3,759
COMPARABLE FACILITIES.
Sec. 6117.39. Whenever, in the opinion of the board of 3,768
county commissioners, it is necessary to procure ACQUIRE real 3,769
estate, a right of way, or an easement ANY INTEREST IN REAL 3,771
ESTATE for the ACQUISITION, construction, maintenance, or 3,772
operation of any sewer, DRAINAGE, or other improvement authorized 3,774
by sections 6117.01 to 6117.45, inclusive, of the Revised Code 3,775
THIS CHAPTER, or TO ACQUIRE the right to construct, maintain, and 3,777
operate such THE sewer, DRAINAGE, or other improvement in and 3,779
upon any property within or without OUTSIDE OF a COUNTY sewer 3,781
district, it may purchase the same, or if such REAL ESTATE, 3,782
INTEREST IN REAL ESTATE, OR RIGHT BY NEGOTIATION. IF THE board
and the owners thereof OWNER OF THE REAL ESTATE, INTEREST IN REAL 3,784
ESTATE, OR RIGHT are unable to agree upon its purchase and sale, 3,786
or the amount of damages to be awarded therefor FOR IT, the board 3,787
may appropriate such THE real estate, right of way, easement 3,789
80
INTEREST, or right. Such proceedings shall be had as are 3,790
provided for in ACCORDANCE WITH sections 163.01 to 163.22, 3,791
inclusive, of the Revised Code, EXCEPT THAT THE BOARD, IN THE 3,793
EXERCISE OF THE POWERS GRANTED BY THIS SECTION OR ANY OTHER
SECTION OF THIS CHAPTER, MAY NOT APPROPRIATE REAL ESTATE OR 3,795
PERSONAL PROPERTY OWNED BY A MUNICIPAL CORPORATION. 3,796
Sec. 6117.41. The AT ANY TIME AFTER THE FORMATION OF ANY 3,805
COUNTY SEWER DISTRICT, THE board of county commissioners of any 3,806
county or the legislative authority of any municipal corporation 3,807
may enter into a contract, upon such THE terms and for such THE 3,809
period of time as THAT are mutually agreed upon, with any other 3,810
county or municipal corporation PUBLIC AGENCY to prepare all 3,812
necessary plans and estimates of cost, AND to connect ACQUIRE OR 3,814
CONSTRUCT any sewers of such county or municipal corporation with 3,816
any sewers constructed, SANITARY or DRAINAGE FACILITIES THAT ARE 3,817
to be constructed, USED JOINTLY by any other county or municipal 3,818
corporation THE CONTRACTING PARTIES, and to provide for the 3,820
MAINTENANCE, OPERATION, AND joint use by such THE contracting 3,821
parties of such sewers and of any sewage treatment or disposal 3,822
works of such county or municipal corporation THOSE FACILITIES OR 3,823
THE MAINTENANCE, OPERATION, AND JOINT USE OF ANY SUITABLE 3,824
EXISTING SANITARY OR DRAINAGE FACILITIES BELONGING TO EITHER OF 3,825
THE CONTRACTING PARTIES.
Sec. 6117.42. All contracts under section 6117.41 of the 3,834
Revised Code shall provide for THE payment OF COMPENSATION to the 3,836
county or municipal corporation OTHER PUBLIC AGENCY owning, 3,837
ACQUIRING, OR constructing, or about AGREEING to ACQUIRE OR 3,838
construct a sewer or sewage treatment or disposal works, THE 3,840
SANITARY OR DRAINAGE FACILITIES to be jointly used, of the IN AN 3,841
amount agreed upon by the county or municipal corporation so 3,842
contracting for the joint use thereof AS THE OTHER PARTY'S SHARE 3,843
OF THE COST OF ACQUIRING OR CONSTRUCTING THE FACILITIES. THE 3,844
CONTRACT ALSO SHALL PROVIDE FOR PAYMENT OF COMPENSATION TO THE 3,845
COUNTY OR OTHER PUBLIC AGENCY OWNING, ACQUIRING, OR CONSTRUCTING 3,846
81
THE FACILITIES AND OPERATING AND MAINTAINING THEM IN AN AMOUNT 3,847
AGREED UPON AS THE OTHER PARTY'S SHARE OF THE COST OF OPERATING 3,848
AND MAINTAINING THEM OR, IN LIEU OF ALL OTHER OR DIFFERING
PAYMENTS, AND AGREED PRICE PER UNIT OF FLOW. Any such A county 3,850
or municipal corporation OTHER PUBLIC AGENCY owning, ACQUIRING, 3,851
OR constructing, or agreeing to ACQUIRE OR construct, any such 3,853
sewer improvement or sewage treatment works, as provided in 3,855
sections 6117.41 to 6117.44 of the Revised Code, OF THE
FACILITIES and permitting the AGREEING TO THEIR use thereof by 3,857
such other county or municipal corporation, ANOTHER PUBLIC AGENCY 3,859
shall retain full control and management of the ACQUISITION, 3,860
construction, maintenance, repair, and operation of such sewer 3,861
improvement and sewage treatment or disposal works, THE 3,862
FACILITIES, UNLESS OTHERWISE PROVIDED IN THE CONTRACT AND except, 3,863
IN THE CASE OF A COUNTY, when conveyed to a municipal corporation 3,865
as provided in this DIVISION (B) OF section 6117.05 OF THE 3,866
REVISED CODE. Any such contract before going into effect shall 3,868
be approved by the director of environmental protection. Any 3,869
completed sewer improvement or sewage treatment works constructed 3,870
under sections 6117.01 to 6117.45 of the Revised Code, for the 3,871
use of any sewer district and located within any municipal 3,872
corporation or within any area which may be annexed to or 3,873
incorporated as a municipal corporation, may by mutual agreement 3,874
between the board of county commissioners and such municipal 3,875
corporation be conveyed to such municipal corporation, which 3,876
shall thereafter maintain and operate such sewer improvement or 3,877
sewage treatment works. The board may retain the right to joint 3,878
use of such sewers or treatment works for the benefit of the 3,879
district. The validity of any assessments levied to provide 3,880
means for the payment of the cost of construction or maintenance 3,881
of such sewer improvement or sewage treatment works or any part 3,882
thereof shall not be affected by such conveyance. 3,883
Sec. 6117.43. The A county or municipal corporation OTHER 3,893
PUBLIC AGENCY contracting under section AS PROVIDED IN SECTIONS 3,895
82
6117.41 AND 6117.42 of the Revised Code for the joint use of any 3,897
sewer or sewage treatment or disposal works SANITARY OR DRAINAGE
FACILITIES ACQUIRED OR constructed, or to be ACQUIRED OR 3,899
constructed, by another county or municipal corporation PUBLIC 3,900
AGENCY may provide for payment of the agreed compensation by the 3,901
levy of taxes, OR special assessments, or FROM SANITARY sewer 3,903
rentals OR DRAINAGE RATES AND CHARGES, as provided in IF AND TO 3,904
THE EXTENT THAT THE PUBLIC AGENCY IS AUTHORIZED BY the laws 3,905
governing such county or municipal corporation IT in the
ACQUISITION, construction, maintenance, repair, or operation of a 3,907
sewer improvement or sewage treatment or disposal works THE 3,908
FACILITIES TO PROVIDE FOR PAYMENT OF THE COSTS IN RESPECT OF 3,909
WHICH THE COMPENSATION IS DUE FROM THOSE SOURCES, and may issue 3,910
bonds OR INCUR PUBLIC OBLIGATIONS as provided by such THOSE laws 3,912
in anticipation of such taxes or assessments AND PAY THE DEBT 3,913
CHARGES ON THOSE OBLIGATIONS FROM THOSE SOURCES IF AND TO THE 3,914
EXTENT SO AUTHORIZED.
Sec. 6117.44. The A county or municipal corporation OTHER 3,924
PUBLIC AGENCY receiving the compensation provided for in section 3,926
6117.42 of the Revised Code shall credit the amount so received 3,927
to the proper fund to be applied towards USED FOR the 3,929
ACQUISITION, construction, or OPERATION AND maintenance, as the 3,930
case may be, of the sewer and other works to be so jointly used 3,931
SANITARY OR DRAINAGE FACILITIES OR FOR OTHER AUTHORIZED PURPOSES. 3,932
Sec. 6117.45. No person OR PUBLIC AGENCY shall tamper with 3,941
or damage any sewer or sewage disposal plant SANITARY OR DRAINAGE 3,943
FACILITY ACQUIRED OR constructed BY A COUNTY under sections 3,944
6117.01 to 6117.45, inclusive, of the Revised Code, THIS CHAPTER 3,945
or any apparatus or accessory connected therewith WITH IT or 3,947
pertaining thereto TO IT, or make any connection into any such 3,948
sewer or sewage disposal plant OR WITH THE FACILITY, without THE 3,950
permission of the board of county commissioners or in a manner or 3,952
for a use other than as prescribed by such THE board. No person 3,953
OR PUBLIC AGENCY shall refuse to permit the inspection by the 3,955
83
county sanitary engineer of any such connection. No person OR 3,956
PUBLIC AGENCY shall violate sections 6117.01 to 6117.45, 3,958
inclusive, of the Revised Code ANY OTHER PROVISION OF THIS
CHAPTER. 3,959
All fines collected under division (A) of section 6117.99 3,961
of the Revised Code shall be paid into TO the county treasury 3,962
TREASURER and credited to any county sewer improvement or 3,963
maintenance THE fund as THAT the board directs DETERMINES TO BE 3,965
MOST APPROPRIATE AFTER CONSIDERATION OF THE NATURE AND EXTENT OF 3,966
THE PARTICULAR VIOLATIONS. 3,967
Sec. 6117.49. (A) IF THE BOARD OF COUNTY COMMISSIONERS 3,969
DETERMINES BY RESOLUTION THAT THE BEST INTERESTS OF THE COUNTY 3,970
AND THOSE SERVED BY THE SANITARY OR DRAINAGE FACILITIES OF A 3,971
COUNTY SEWER DISTRICT SO REQUIRE, THE BOARD MAY SELL OR OTHERWISE 3,972
DISPOSE OF THE FACILITIES TO ANOTHER PUBLIC AGENCY OR A PERSON. 3,973
THE RESOLUTION DECLARING THE NECESSITY OF THAT DISPOSITION SHALL 3,974
RECITE THE REASONS FOR THE SALE OR OTHER DISPOSITION AND SHALL 3,975
ESTABLISH ANY CONDITIONS OR TERMS THAT THE BOARD MAY IMPOSE,
INCLUDING, BUT NOT LIMITED TO, A MINIMUM SALES PRICE IF A SALE IS 3,976
PROPOSED, A REQUIREMENT FOR THE SUBMISSION BY BIDDERS OF THE 3,977
SCHEDULE OF RATES AND CHARGES INITIALLY PROPOSED TO BE PAID FOR 3,978
THE SERVICES OF THE FACILITIES, AND OTHER PERTINENT CONDITIONS OR 3,979
TERMS RELATING TO THE SALE OR OTHER DISPOSITION. THE RESOLUTION
ALSO SHALL DESIGNATE A TIME AND PLACE FOR THE HEARING OF 3,980
OBJECTIONS TO THE SALE OR OTHER DISPOSITION BY THE BOARD. NOTICE 3,981
OF THE ADOPTION OF THE RESOLUTION AND THE TIME AND PLACE OF THE 3,982
HEARING SHALL BE PUBLISHED ONCE A WEEK FOR TWO CONSECUTIVE WEEKS 3,983
IN A NEWSPAPER OF GENERAL CIRCULATION IN THE SEWER DISTRICT AND 3,984
IN THE COUNTY. THE PUBLIC HEARING ON THE SALE OR OTHER
DISPOSITION SHALL BE HELD NOT LESS THAN TWENTY-FOUR DAYS 3,985
FOLLOWING THE DATE OF FIRST PUBLICATION OF THE NOTICE. A COPY OF 3,986
THE NOTICE ALSO SHALL BE SENT BY FIRST CLASS OR CERTIFIED MAIL, 3,987
ON OR BEFORE THE DATE OF THE SECOND PUBLICATION, TO ANY PUBLIC 3,988
AGENCY WITHIN THE AREA SERVED BY THE FACILITIES. AT THE PUBLIC 3,989
84
HEARING, OR AT ANY ADJOURNMENT OF IT, OF WHICH NO FURTHER
PUBLISHED OR MAILED NOTICE NEED BE GIVEN, THE BOARD SHALL HEAR 3,990
ALL INTERESTED PARTIES. A PERIOD OF FIVE DAYS SHALL BE GIVEN 3,991
FOLLOWING THE COMPLETION OF THE HEARING FOR THE FILING OF WRITTEN 3,992
OBJECTIONS BY ANY INTERESTED PERSONS OR PUBLIC AGENCIES TO THE 3,993
SALE OR OTHER DISPOSITION, AFTER WHICH THE BOARD SHALL CONSIDER 3,994
ANY OBJECTIONS AND BY RESOLUTION DETERMINE WHETHER OR NOT TO 3,995
PROCEED WITH THE SALE OR OTHER DISPOSITION. IF THE BOARD 3,996
DETERMINES TO PROCEED WITH THE SALE OR OTHER DISPOSITION, IT 3,997
SHALL RECEIVE BIDS AFTER ADVERTISING ONCE A WEEK FOR FOUR
CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE 3,998
COUNTY AND, SUBJECT TO THE RIGHT OF THE BOARD TO REJECT ANY OR 3,999
ALL BIDS, MAY MAKE AN AWARD TO A RESPONSIBLE BIDDER WHOSE 4,000
PROPOSAL IS DETERMINED BY THE BOARD TO BE IN THE BEST INTERESTS 4,001
OF THE COUNTY AND THOSE SERVED BY THE FACILITIES.
(B) A CONVEYANCE OF SANITARY OR DRAINAGE FACILITIES BY A 4,003
COUNTY TO A MUNICIPAL CORPORATION IN ACCORDANCE WITH DIVISION (B) 4,004
OF SECTION 6117.05 OF THE REVISED CODE MAY BE MADE WITHOUT REGARD 4,005
TO DIVISION (A) OF THIS SECTION. 4,006
Sec. 6117.60. IT IS THE INTENT OF THE GENERAL ASSEMBLY 4,008
THAT THE AMENDMENTS MADE TO THIS CHAPTER BY SUB. H.B. 549 OF THE 4,010
123rd GENERAL ASSEMBLY ARE SUBJECT TO SECTION 4 OF THAT ACT. 4,011
THIS SECTION DOES NOT AFFECT THE APPLICATION OF SECTION 3 OF THAT 4,012
ACT TO SECTIONS 1 AND 2 OF THAT ACT. 4,013
Sec. 6119.36. For IN LIEU OF SUBMITTING TO THE ELECTORS 4,022
FOR APPROVAL THE QUESTION OF A TAX LEVY OUTSIDE THE TEN-MILL 4,023
LIMITATION AND LEVYING THAT TAX FOLLOWING APPROVAL, AS PROVIDED 4,024
FOR IN SECTIONS 6119.31 AND 6119.32 OF THE REVISED CODE, THE 4,025
BOARD OF COUNTY COMMISSIONERS MAY ISSUE SECURITIES, AS DEFINED IN 4,026
SECTION 133.01 OF THE REVISED CODE, INCLUDING ANTICIPATORY
SECURITIES, FOR the purposes PURPOSE of paying the cost of the 4,027
preparation of the data, including plans, specifications, 4,028
surveys, and maps needed or determined TO BE necessary OR 4,029
APPROPRIATE in order to plan for the proper supply, purification, 4,032
85
filtration, and distribution of water or, THE proper collection 4,033
and, treatment, AND DISPOSAL of sewage, OR THE PROPER COLLECTION, 4,035
CONTROL, ABATEMENT, OR TREATMENT OF SURFACE AND SUBSURFACE
DRAINAGE, EACH AND ALL within the LIMITS OF THE county or a part 4,037
thereof OF THE COUNTY or beyond the limits of the county but 4,038
within the same drainage area as is in part within the county, 4,039
and, if the board of county commissioners determines that the 4,040
funds allocated for general operating expenses of the county are 4,041
insufficient to pay the operating expenses for the current year 4,042
and the cost of the preparation of such data, the board in lieu 4,043
of the submission of the question of a levy to the voters and the 4,044
levy of a tax outside the ten-mill limitation as provided for in 4,045
sections 6119.31 and 6119.32 of the Revised Code may issue bonds 4,046
of such subdivision IT TO BE NECESSARY OR APPROPRIATE, FOR THE 4,047
PURPOSE OF PAYING THE COSTS OF ACQUIRING REAL ESTATE OR INTERESTS 4,048
IN REAL ESTATE FOR IMPROVEMENTS FOR ONE OR MORE OF THOSE 4,049
PURPOSES. THE DATA MAY INCLUDE, BUT ARE NOT LIMITED TO, PLANS, 4,050
SPECIFICATIONS, ESTIMATES OF COST, DRILLINGS, MAPS, SOUNDINGS, 4,051
SURVEYS, AND TENTATIVE ASSESSMENTS AGAINST PROPERTIES THAT ARE
POTENTIALLY BENEFITED. THE SECURITIES SHALL BE in an amount not 4,052
exceeding the total estimated cost of the preparation of such 4,054
data to defray the expense of such data AND OF MAKING ANY 4,055
ACQUISITIONS OF REAL ESTATE OR INTERESTS IN REAL ESTATE, TOGETHER 4,056
WITH ALL OTHER ITEMS OF COST THAT ARE INCIDENT TO THAT 4,058
PREPARATION OR THOSE ACQUISITIONS AND THAT ARE DESCRIBED IN
DIVISION (B) OF SECTION 133.15 OF THE REVISED CODE. 4,060
PRIOR TO THE ISSUANCE OR THE FIRST ISSUANCE OF THE 4,062
SECURITIES, THE BOARD SHALL DETERMINE THAT THE FUNDS ALLOCATED 4,063
FOR GENERAL OPERATING EXPENSES OF THE COUNTY ARE INSUFFICIENT TO 4,064
PAY BOTH THOSE OPERATING EXPENSES FOR THE CURRENT YEAR AND THE 4,065
TOTAL ESTIMATED COST TO BE FINANCED UNDER AUTHORITY OF THIS
SECTION. 4,066
The SECURITIES SHALL BE CHAPTER 133. SECURITIES, AND THEIR 4,069
issuance of the bonds, or notes in anticipation thereof, shall be 4,070
86
subject to Chapter 133. of the Revised Code THAT CHAPTER, except 4,072
that the MAXIMUM maturity of the bonds SECURITIES shall not 4,073
extend beyond a period of EXCEED ten years. The proceeds of 4,074
bonds, or notes in anticipation thereof, SECURITIES issued for 4,075
the purpose of paying costs of the improvements for which such 4,077
THE data has been IS prepared, OR FOR WHICH ANY ACQUISITION OF 4,078
REAL ESTATE OR INTEREST IN REAL ESTATE IS MADE may be issued 4,080
APPLIED, WITHOUT REDUCTION OF THEIR MAXIMUM MATURITY, to retire 4,081
notes ANTICIPATORY SECURITIES issued pursuant to this section. 4,082
All moneys raised by the issuance of bonds and notes 4,084
SECURITIES pursuant to this section shall be appropriated for 4,085
APPLIED TO the purpose of preparing such data as PURPOSES 4,087
provided for in section 6119.31 of the Revised Code AND IN THIS 4,089
SECTION.
Section 2. That existing sections 133.15, 307.09, 315.14, 4,091
5555.01, 5555.43, 5555.46, 5555.51, 5571.15, 5573.07, 6103.01, 4,093
6103.02, 6103.03, 6103.04, 6103.05, 6103.07, 6103.081, 6103.11, 4,095
6103.12, 6103.13, 6103.15, 6103.17, 6103.20, 6103.21, 6103.22, 4,096
6103.23, 6103.24, 6103.25, 6103.29, 6103.31, 6117.01, 6117.011, 4,097
6117.02, 6117.04, 6117.05, 6117.06, 6117.08, 6117.23, 6117.251, 4,098
6117.28, 6117.29, 6117.30, 6117.32, 6117.34, 6117.38, 6117.39, 4,099
6117.41, 6117.42, 6117.43, 6117.44, 6117.45, and 6119.36 and 4,100
sections 6103.09 and 6117.26 of the Revised Code are hereby
repealed. 4,101
Section 3. The amendments and enactments made by Sections 4,103
1 and 2 of this act shall apply, insofar as their provisions 4,104
support them, to any proceedings, including proceedings defined 4,106
in section 133.01 of the Revised Code, that on the effective date 4,107
of this act are pending, in progress, or complete and that are 4,108
supplemented to provide or confirm compliance with or support by 4,109
the provisions of those amendments and enactments as if they had 4,110
been in effect at the time of those proceedings, and also apply 4,111
to the public obligations authorized, issued, or incurred
pursuant to those proceedings, notwithstanding the applicable law 4,112
87
previously in effect or any provision to the contrary in a prior 4,113
resolution, ordinance, order, advertisement, notice, or other 4,114
proceeding. Any proceedings pending or in progress on the 4,115
effective date of this act, and public obligations authorized,
sold, issued, incurred, delivered, and if applicable, validated 4,116
pursuant to those proceedings, shall be deemed to have been 4,117
taken, and authorized, sold, issued, incurred, delivered, and 4,118
validated, in conformity with those amendments and enactments. 4,119
The provisions of the Revised Code amended or repealed by 4,121
this act shall be deemed to remain applicable to public 4,122
obligations issued or incurred pursuant to or in reliance on them 4,123
prior to the effective date of those amendments or repeals. 4,124
Section 4. The authority provided by Sections 1 and 2 of 4,126
this act provides additional and supplemental provisions for the 4,127
subject matter that also may be the subject of other laws and is 4,128
supplemental to and not in derogation of any similar authority 4,129
provided by, derived from, or implied by the Ohio Constitution or 4,130
any other law, including sections of the Revised Code amended by 4,131
this act, or any charter, order, resolution, or ordinance, and no 4,132
inference shall be drawn to negate the authority under them by 4,133
reason of express provisions contained in Section 1 of this act. 4,134