As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 549 5
1999-2000 6
REPRESENTATIVES TERWILLEGER-CORBIN-ALLEN-TAYLOR- 8
NETZLEY-SCHURING-HOLLISTER-REDFERN-CLANCY-OLMAN- 10
EVANS-BENDER-A. CORE-AMSTUTZ-WIDENER-AUSTRIA-CATES-
LOGAN-STEVENS-HOOPS-VESPER-O'BRIEN-ROBERTS- 12
SENATORS CARNES-GARDNER-WHITE
_________________________________________________________________ 14
A B I L L
To amend sections 133.15, 307.09, 315.14, 5555.01, 16
5555.43, 5555.46, 5555.51, 5571.15, 5573.07, 18
6103.01, 6103.02, 6103.03, 6103.04, 6103.05, 19
6103.07, 6103.081, 6103.11, 6103.12, 6103.13, 20
6103.15, 6103.17, 6103.20, 6103.21, 6103.22,
6103.23, 6103.24, 6103.25, 6103.29, 6103.31, 21
6117.01, 6117.011, 6117.02, 6117.04, 6117.05, 22
6117.06, 6117.08, 6117.23, 6117.251, 6117.28, 23
6117.29, 6117.30, 6117.32, 6117.34, 6117.38,
6117.39, 6117.41, 6117.42, 6117.43, 6117.44, 24
6117.45, and 6119.36, to enact sections 1.62, 25
307.042, 715.90, 5555.022, 6103.40, 6117.49, and
6117.60, and to repeal sections 6103.09 and 27
6117.26 of the Revised Code to modify certain 28
road improvement and water supply, sanitary, and
drainage facilities laws to permit permanent 30
improvements to be made more efficiently and
effectively by simplifying, clarifying, and 31
supplementing the procedures for constructing and 32
financing them, and to permit a lease for a
period of no more than twenty years of property 33
located in a parking facility built or acquired 34
by a county to serve a building housing county
offices and not needed for public use. 35
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 37
Section 1. That sections 133.15, 307.09, 315.14, 5555.01, 39
5555.43, 5555.46, 5555.51, 5571.15, 5573.07, 6103.01, 6103.02, 41
6103.03, 6103.04, 6103.05, 6103.07, 6103.081, 6103.11, 6103.12, 43
6103.13, 6103.15, 6103.17, 6103.20, 6103.21, 6103.22, 6103.23, 44
6103.24, 6103.25, 6103.29, 6103.31, 6117.01, 6117.011, 6117.02, 45
6117.04, 6117.05, 6117.06, 6117.08, 6117.23, 6117.251, 6117.28, 46
6117.29, 6117.30, 6117.32, 6117.34, 6117.38, 6117.39, 6117.41, 47
6117.42, 6117.43, 6117.44, 6117.45, and 6119.36 be amended and 48
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: 50
Sec. 1.62. AS USED IN THE REVISED CODE, UNLESS THE CONTEXT 53
OF A SECTION DOES NOT PERMIT THE FOLLOWING OR UNLESS EXPRESSLY
PROVIDED OTHERWISE IN A SECTION: 55
(A) REFERENCES TO PARTICULAR COUNTY OFFICERS, BOARDS, 57
COMMISSIONS, AND AUTHORITIES MEAN, IN THE CASE OF A COUNTY THAT 59
HAS ADOPTED A CHARTER UNDER ARTICLE X, OHIO CONSTITUTION, THE 60
OFFICER, BOARD, COMMISSION, OR AUTHORITY OF THAT COUNTY 61
DESIGNATED BY OR PURSUANT TO THE CHARTER TO EXERCISE THE SAME 63
POWERS OR PERFORM THE SAME ACTS, DUTIES, OR FUNCTIONS THAT ARE TO 64
BE EXERCISED OR PERFORMED UNDER THE APPLICABLE SECTION OF THE 65
REVISED CODE BY OFFICERS, BOARDS, COMMISSIONS, OR AUTHORITIES OF
COUNTIES THAT HAVE NOT ADOPTED A CHARTER. 66
(B) REFERENCES TO RESOLUTIONS MEAN, IN THE CASE OF A 68
COUNTY THAT HAS ADOPTED A CHARTER UNDER ARTICLE X, OHIO 70
CONSTITUTION, THE APPROPRIATE FORM OF LEGISLATION PERMITTED BY OR
PURSUANT TO THE CHARTER. 71
Sec. 133.15. (A) The taxing authority of any subdivision 80
may issue securities of the subdivision for the purpose of paying 81
all or any portion of the costs of any permanent improvement that 82
the subdivision is authorized, alone or in cooperation with other 83
persons, to acquire, improve, or construct. 84
Securities may be issued prior to the completion of any 86
proceedings required to authorize the permanent improvement or 87
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the expenditure of the proceeds of the securities. IN ADDITION, 88
PROCEEDINGS FOR THE ISSUANCE OF SECURITIES FOR ANY PERMANENT 89
IMPROVEMENT FOR WHICH SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED 90
AND COLLECTED MAY AUTHORIZE THE IMPROVEMENT AND THE EXPENDITURE 91
OF THE PROCEEDS OF THE SECURITIES AND ANY OTHER FUNDS AVAILABLE 92
AND APPROPRIATED FOR THE IMPROVEMENT, WITHOUT THE PRIOR OR 93
SUBSEQUENT NECESSITY OF INSTITUTING OR COMPLETING ANY OTHER
PROCEEDINGS THAT OTHER PROVISIONS OF THE REVISED CODE THAT 94
CONTEMPLATE THAT SPECIAL ASSESSMENTS MAY BE LEVIED AND COLLECTED 95
FOR THAT TYPE OF IMPROVEMENT OTHERWISE MIGHT REQUIRE BEFORE AN 96
AUTHORIZATION OF THAT TYPE.
(B) Costs of permanent improvements that may be financed 98
with, and paid from the proceeds of, securities include, without 99
limitation as to other costs properly allocable to the permanent 100
improvement, the costs of: acquiring, constructing, 101
reconstructing, rehabilitating, installing, remodeling, 102
renovating, enlarging, equipping, furnishing, or otherwise 103
improving permanent improvements; site clearance, improvement, 104
and preparation; acquisition of real or personal property; 105
indemnity and surety bonds and premiums on insurance; all related 106
direct administrative expenses and allocable portions of direct 107
costs of the subdivision; engineering, architectural, legal, and 108
other consulting and professional services; designs, plans, 109
specifications, feasibility or rate studies, appraisals, surveys, 110
and estimates of cost; interest or interest equivalent on the 111
securities, whether capitalized or not; financing costs; title 112
work and title commitment, insurance, and guaranties; amounts 113
necessary to establish any debt service reserve or other reserves 114
as required by the proceedings for the securities; audits; the 115
reimbursement of moneys advanced or applied by or borrowed from 116
any person, whether to or by the subdivision or others, from 117
whatever source provided, for the payment of any item or items of 118
cost of the permanent improvements; and all other expenses 119
necessary or incidental to planning or determining feasibility or 120
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practicability with respect to permanent improvements or 121
necessary or incidental to the acquisition, construction, 122
reconstruction, rehabilitation, installation, remodeling, 123
renovating, enlargement, equipping, furnishing, or other 124
improvement of the permanent improvements, the financing of the 125
permanent improvements, and the placing of the permanent 126
improvements in condition for use and operation, and all like or 127
related costs, including any one, part, or combination of, or the 128
subdivision's share of, those costs and expenses. 129
Sec. 307.042. UNLESS PROVIDED FOR BY CONTRACT BETWEEN A 131
COUNTY AND A MUNICIPAL CORPORATION, A COUNTY MAY NOT REGULATE THE 132
UTILITY RATES OF USERS OF A MUNICIPAL UTILITY. 133
Sec. 307.09. (A) If the interests of the county so 142
require, the board of county commissioners may sell any real 143
property belonging to the county and not needed for public use, 144
including all or portions of buildings acquired by the board to 145
house county offices, or may lease or rent the same, but no such 146
lease shall be for a longer term than five years, unless such 147
lease is part of a lease-purchase agreement, in which case the 148
lease may be for a period not exceeding twenty-five years, or 149
unless the lease is to a commercial tenant who uses the property 150
as a retail store room, office, or restaurant, and the leased 151
property is located in a building initially acquired to house 152
county offices OR IN A PARKING FACILITY CONSTRUCTED OR ACQUIRED 153
TO SERVE A BUILDING THAT HOUSES COUNTY OFFICES, in which case the 154
lease may be for a period not exceeding twenty years, and may 156
include provision for one or more renewals for lesser periods. 157
In the case of real property used or to be used for the purpose 158
of airports, landing fields, or air navigational facilities, 159
including restaurants, parking lots, motels, gasoline service 160
stations, public recreation facilities, public parks, office 161
buildings, retail stores for merchandising or services, and 162
industrial uses located or to be located thereon, or parts 163
thereof, belonging to the county, the primary term of such lease 164
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shall not exceed twenty-five years and the board of county 165
commissioners may renew such leases for one or more periods of 166
years. The total of such renewal periods, when added to the 167
primary term of such lease, shall not exceed sixty years. 168
(B) The board may grant leases, rights, and easements to 170
the United States government, to the state or any department or 171
agency thereof, or to municipal corporations or other 172
governmental subdivisions of the state for public purposes, or to 173
privately owned electric light and power companies, or natural 174
gas companies, or telephone or telegraph companies for purposes 175
of rendering their several public utilities services, or to 176
corporations not for profit for hospital, charitable, water, 177
sewer, or recreational purposes, including among other such 178
purposes memorial structures, parks, golf courses, and 179
underground structures, poles, piers, towers, wires, pipe lines 180
PIPELINES, underground cables, and manholes, on or in lands owned 181
by the county where such lease, right, or easement is not deemed 183
by the board to be inconsistent with the need of such land for 184
public use by the county. Any such lease, right, or easement 185
granted to the United States government, to the state or any 186
department or agency thereof, or to a municipal corporation or 187
other governmental subdivision of the state, or to privately 188
owned electric light and power companies, or natural gas 189
companies, or telephone or telegraph companies for purposes of 190
rendering their several public utilities services, or to 191
corporations not for profit for hospital, charitable, water, 192
sewer, or recreational purposes, may be for such length of time, 193
upon such terms, for such purposes, and may provide for such 194
renewals thereof as the board deems for the best interests of the 195
county.
(C) In case of the sale of such real property not used for 197
county purposes, and in case of a lease of real property used or 198
to be used for the purpose of airports, landing fields, or air 199
navigational facilities, including restaurants, parking lots, 200
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motels, gasoline service stations, public recreation facilities, 201
public parks, office buildings, retail stores for merchandising 202
or services, and industrial uses, and in case of such a grant of 203
lease, right, or easement to the United States government, to the 204
state or any department or agency thereof or to a municipal 205
corporation or other governmental subdivision of the state, or to 206
privately owned electric light and power companies, or natural 207
gas companies, or telephone or telegraph companies for purposes 208
of rendering their several public utilities services, or to 209
corporations not for profit for hospital, charitable, water, 210
sewer, or recreational purposes, all or such part of the proceeds 211
thereof as the board designates may be placed by the board in a 212
separate fund to be used only for construction, equipment, 213
furnishing, maintenance, or repair of the county buildings and 214
the acquisition of sites therefor, or for the payment of 215
principal of or interest on bonds of the county issued for any 216
county building. 217
Sec. 315.14. The county engineer shall be responsible for 226
the inspection of all public improvements made under authority of 227
the board of county commissioners. He THE ENGINEER shall keep in 229
suitable books a complete record of all estimates and summaries 230
of bids received and contracts for the various improvements, 231
together with the record of all estimates made for payments on 232
such THAT work. He THE ENGINEER shall make all surveys required 234
by law and, SHALL perform all necessary services to be performed 237
by a registered surveyor or registered professional engineer in 238
connection with the construction, repair, or opening of all 239
county roads or ditches constructed under the authority of the 240
board, and shall perform such other duties as the board requires, 241
provided that the duties described in Chapters 343., 6103., and 242
6117. of the Revised Code shall be performed only pursuant to an 243
agreement between the county engineer and the board; AN AGREEMENT 244
OF THAT TYPE MAY PROVIDE FOR THE COUNTY ENGINEER'S PERFORMANCE OF 245
DUTIES DESCRIBED IN ONE OR MORE OF THOSE CHAPTERS, AND MAY 246
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PROVIDE FOR THE COUNTY ENGINEER'S PERFORMANCE OF ALL DUTIES 247
IMPOSED UPON A COUNTY SANITARY ENGINEER UNDER CHAPTERS 6103. AND 248
6117. OF THE REVISED CODE OR ONLY THE DUTIES IMPOSED UPON A 249
COUNTY SANITARY ENGINEER UNDER CHAPTER 6117. OF THE REVISED CODE 250
IN RELATION TO DRAINAGE. The board shall determine the 251
compensation for performance of the RELEVANT duties described in 252
Chapters 343., 6103., and 6117. of the Revised Code and shall pay 254
the county engineer from funds available under such THE 255
APPLICABLE CHAPTER OR chapters or from the general fund of the 257
county. The performance of the RELEVANT duties described in 258
Chapters 343., 6103., and 6117. of the Revised Code shall not 259
constitute engaging in the private practice of engineering or 260
surveying.
Sec. 715.90. UNLESS PROVIDED FOR BY CONTRACT BETWEEN A 262
COUNTY AND A MUNICIPAL CORPORATION, A MUNICIPAL CORPORATION MAY 263
NOT REGULATE RATES AND CHARGES OF USERS IMPOSED BY A BOARD OF 264
COUNTY COMMISSIONERS UNDER CHAPTER 6103. OR 6117. OF THE REVISED 265
CODE OR FOR ANY COUNTY UTILITY ESTABLISHED UNDER ANY OTHER 267
CHAPTER OF THE REVISED CODE.
Sec. 5555.01. As used in sections 5555.01 to 5555.72, 276
inclusive, of the Revised Code THIS CHAPTER: 277
(A) "COST" OR "COSTS" INCLUDES COMPENSATION, DAMAGES, AND 279
EXPENSES THAT ARE INCIDENT TO AN IMPROVEMENT COVERED BY THIS 280
CHAPTER AND ALL ITEMS OF COST DESCRIBED IN DIVISION (B) OF 281
SECTION 133.15 OF THE REVISED CODE THAT ARE INCIDENT TO AN 282
IMPROVEMENT COVERED BY THIS CHAPTER. 283
(B) "PUBLIC OBLIGATIONS" HAS THE SAME MEANING AS IN 285
SECTION 133.01 OF THE REVISED CODE. 286
(C) "road ROAD" includes any state or county road, or part 289
thereof OF ANY STATE OR COUNTY ROAD, or any state or county road 290
and any municipal corporation street, or part thereof OF A ROAD 291
OR STREET OF THOSE TYPES, which form a continuous road 292
improvement.
Sec. 5555.022. (A) A BOARD OF COUNTY COMMISSIONERS, BY 294
8
RESOLUTION ADOPTED BY A MAJORITY VOTE AND ACTING WITHOUT REGARD 295
TO OR THE NECESSITY FOR A PETITION, MAY FIND THAT THE PUBLIC 296
CONVENIENCE AND WELFARE REQUIRE THE IMPROVEMENT OF ANY PUBLIC 297
ROAD OR ROADS, OR PARTS OF ANY PUBLIC ROAD OR ROADS, IDENTIFIED 298
IN THAT RESOLUTION IN A MANNER PROVIDED IN SECTION 5555.06 OF THE 299
REVISED CODE AND MAY FIX THE ROUTE AND TERMINI OF THE 300
IMPROVEMENT. IF THE BOARD DETERMINES, IN THAT RESOLUTION OR IN A 301
SUBSEQUENT RESOLUTION, THAT SPECIAL ASSESSMENTS ARE NOT TO BE
LEVIED AND COLLECTED TO PAY ANY PART OF THE COUNTY'S COSTS OF THE 302
IMPROVEMENT, THE BOARD, IN THAT RESOLUTION OR IN A SUBSEQUENT 303
RESOLUTION, INCLUDING A RESOLUTION AUTHORIZING THE ISSUANCE OR 304
INCURRENCE OF PUBLIC OBLIGATIONS FOR THE IMPROVEMENT, MAY 305
AUTHORIZE THE IMPROVEMENT AND THE EXPENDITURE OF FUNDS REQUIRED 306
BY THE COUNTY FOR ITS CONSTRUCTION AND MAY PROCEED WITH THE
IMPROVEMENT WITHOUT REGARD TO ANY OTHER PROCEDURES REQUIRED BY 307
SECTIONS 5555.03 TO 5555.42, 5555.45 TO 5555.47, 5555.50, AND 308
5555.81 TO 5555.83 OF THE REVISED CODE EXCEPT AS OTHERWISE 309
PROVIDED IN THIS SECTION.
(B) THIS SECTION APPLIES TO AND AUTHORIZES AN IMPROVEMENT 311
LOCATED WHOLLY WITHIN A SINGLE COUNTY, AN IMPROVEMENT LOCATED IN 312
A COUNTY AND ONE OR MORE OTHER COUNTIES IN THIS STATE, AN 313
IMPROVEMENT ALONG THE COUNTY LINE BETWEEN A COUNTY AND ONE OR 314
MORE OTHER COUNTIES IN THIS STATE, AN IMPROVEMENT EXTENDING FROM 315
A COUNTY INTO OR THROUGH ONE OR MORE ADJOINING COUNTIES IN THIS
STATE, AND AN IMPROVEMENT ON OR ALONG THE LINE BETWEEN THIS STATE 316
AND AN ADJOINING STATE. IF AN IMPROVEMENT INVOLVES MORE THAN ONE 317
COUNTY IN THIS STATE, THE PORTION OF THE COST OF THE IMPROVEMENT 318
TO BE BORNE BY EACH COUNTY, AFTER DEDUCTING ANY AMOUNT AGREED TO 319
BE PAID BY ANY TOWNSHIP IN THAT COUNTY IN WHICH THE IMPROVEMENT 320
IS LOCATED IN WHOLE OR IN PART, SHALL BE DETERMINED, WITHOUT 321
REGARD TO OR NECESSITY FOR A JOINT BOARD OF COUNTY COMMISSIONERS,
IN AN AGREEMENT AMONG THE COUNTIES. THOSE COUNTIES MAY PROCEED 322
IN ACCORDANCE WITH THIS SECTION IF SPECIAL ASSESSMENTS ARE NOT TO 323
BE LEVIED AND COLLECTED, OR MAY PROCEED IN ACCORDANCE WITH THE 324
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PROVISIONS OF THIS CHAPTER APPLICABLE TO A SINGLE COUNTY 325
IMPROVEMENT IF SPECIAL ASSESSMENTS ARE TO BE LEVIED AND
COLLECTED. IF AN IMPROVEMENT IS ON OR ALONG THE LINE BETWEEN 326
THIS STATE AND AN ADJOINING STATE, THE PORTION OF ITS COST TO BE 327
BORNE BY A COUNTY IN THIS STATE SHALL BE DETERMINED IN AN 328
AGREEMENT BETWEEN THE COUNTY AND THE PROPER AUTHORITIES OF THE 329
ADJOINING STATE OR ITS PARTICIPATING OR COOPERATING SUBDIVISION 330
OR AGENCY.
(C) THE FOLLOWING PROVISIONS ALSO APPLY TO AN IMPROVEMENT 332
UNDERTAKEN PURSUANT TO THIS SECTION: 333
(1) THE IMPROVEMENT AND THE PROCEEDINGS FOR ITS 335
CONSTRUCTION AND FINANCING, INCLUDING A CONTRACT FOR THE 336
CONSTRUCTION, MAY INCLUDE, CONSISTENT WITH THE OTHER PROVISIONS 337
OF THIS SECTION AND NOTWITHSTANDING ANY PROVISIONS OF THIS 338
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 339
THE REVISED CODE RELATING TO CONTRACTS FOR THE CONSTRUCTION OF AN 341
IMPROVEMENT SHALL BE CONSTRUED ACCORDINGLY AND SHALL BE
CONTROLLING TO THE EXTENT APPLICABLE. 342
(2) ANY SURVEYS, PLANS, PROFILES, CROSS SECTIONS, 344
ESTIMATES OF COST, AND SPECIFICATIONS THAT MAY BE REQUIRED: 345
(a) IN THE CASE OF A SINGLE COUNTY IMPROVEMENT, SHALL BE 347
PREPARED BY THE COUNTY ENGINEER AT THE DIRECTION OF THE BOARD OF 348
COUNTY COMMISSIONERS AND SHALL REQUIRE THE BOARD'S APPROVAL; 349
(b) IN THE CASE OF AN IMPROVEMENT UNDERTAKEN COOPERATIVELY 351
BY TWO OR MORE COUNTIES IN THIS STATE, SHALL BE PREPARED BY A 352
COUNTY ENGINEER OF ONE OF THE COUNTIES AS AGREED TO BY THE 353
RELEVANT BOARDS OF COUNTY COMMISSIONERS OR, IF THE BOARDS ARE 354
UNABLE TO SO AGREE AND CERTIFY THAT FACT JOINTLY TO THE DIRECTOR 355
OF TRANSPORTATION, BY A COUNTY ENGINEER OF ONE OF THOSE COUNTIES
DESIGNATED BY THE DIRECTOR, AND THE SURVEYS, PLANS, PROFILES, 356
CROSS SECTIONS, ESTIMATES OF COST, AND SPECIFICATIONS SO PREPARED 357
SHALL REQUIRE THE APPROVAL OF EACH OF THE BOARDS; 358
(c) IN THE CASE OF AN IMPROVEMENT ON OR ALONG THE LINE 360
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BETWEEN THIS STATE AND AN ADJOINING STATE, SHALL BE PREPARED BY 361
THE COUNTY ENGINEER OF THE COUNTY IN THIS STATE AND SHALL REQUIRE 362
THE APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS AND THE PROPER 363
AUTHORITIES OF THE ADJOINING STATE OR ITS PARTICIPATING OR 364
COOPERATING SUBDIVISION OR AGENCY.
(D) IN THE CASE OF AN IMPROVEMENT UNDERTAKEN PURSUANT TO 366
THIS SECTION ON OR ALONG THE LINE BETWEEN THIS STATE AND AN 367
ADJOINING STATE, A BOARD OF COUNTY COMMISSIONERS ALSO MAY JOIN IN 368
ITS CONSTRUCTION WITH THE DEPARTMENT OF TRANSPORTATION AND THE 369
EQUIVALENT DEPARTMENT OF THE OTHER STATE AS IF THE IMPROVEMENT 370
WERE WHOLLY WITHIN THIS STATE.
(E) IF, IN THE CASE OF AN IMPROVEMENT UNDERTAKEN PURSUANT 372
TO THIS SECTION INVOLVING TWO OR MORE COUNTIES IN THIS STATE, THE 373
BOARDS OF COUNTY COMMISSIONERS OF THE RELEVANT COUNTIES ARE 374
UNABLE TO AGREE UPON THE PORTION OF THE COSTS OF THE IMPROVEMENT 375
TO BE BORNE BY EACH COUNTY AND CERTIFY THAT FACT JOINTLY TO THE 376
DIRECTOR OF TRANSPORTATION, THE DIRECTOR SHALL MAKE THE 377
APPORTIONMENT AND CERTIFY IT TO EACH OF THE COUNTIES.
(F) A BOARD OF COUNTY COMMISSIONERS MAY ORDER THAT THE 379
COUNTY'S COST OF AN IMPROVEMENT UNDERTAKEN PURSUANT TO THIS 380
SECTION BE PAID FROM TAX LEVIES OR A ROAD IMPROVEMENT FUND 381
REFERRED TO IN SECTION 5555.43 OF THE REVISED CODE. A COUNTY MAY 382
ENTER INTO AN AGREEMENT WITH ANY TOWNSHIP IN WHICH THE 383
IMPROVEMENT IS LOCATED IN WHOLE OR IN PART FOR THE ALLOCATION OF 384
THE COST BETWEEN THE COUNTY AND THE TOWNSHIP.
(G) PROCEEDINGS FOR THE APPROPRIATION OF REAL PROPERTY OR 386
INTERESTS IN REAL PROPERTY NEEDED BY A COUNTY FOR AN IMPROVEMENT 387
UNDERTAKEN PURSUANT TO THIS SECTION SHALL TAKE PLACE IN 388
ACCORDANCE WITH SECTIONS 163.01 TO 163.22 OF THE REVISED CODE. 390
(H) IF, IN THE CASE OF AN IMPROVEMENT UNDERTAKEN PURSUANT 392
TO THIS SECTION INVOLVING TWO OR MORE COUNTIES IN THIS STATE, 393
PUBLIC OBLIGATIONS ARE ISSUED OR INCURRED TO PAY THE COSTS OF THE 394
IMPROVEMENT, THE OBLIGATIONS SHALL BE ISSUED SEPARATELY BY EACH 396
COUNTY FOR ITS PORTION OF THOSE COSTS, AND THE BOARDS OF COUNTY 397
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COMMISSIONERS MAY PROVIDE FOR THE CONSTRUCTION OF A PORTION OF 398
THE IMPROVEMENT WHOLLY WITHIN ONE COUNTY AS AND TO THE EXTENT
AUTHORIZED FOR A JOINT BOARD OF COUNTY COMMISSIONERS BY SECTION 399
5555.32 OF THE REVISED CODE. 400
(I) ACTIONS REQUIRED OR AUTHORIZED TO BE TAKEN BY A BOARD 402
OF COUNTY COMMISSIONERS PURSUANT TO THIS SECTION MAY BE TAKEN, 403
CONSISTENT WITH THE OTHER PROVISIONS OF THIS SECTION, BY A 404
MAJORITY VOTE OF THE MEMBERS OF THE BOARD. 405
Sec. 5555.43. The board of county commissioners, UNLESS 414
ACTING PURSUANT TO SECTION 5555.022 OF THE REVISED CODE, or THE 416
joint board of county commissioners, upon a unanimous vote, may 417
ORDER, without a petition therefor, order that all the 419
compensation, damages, and expenses of A COUNTY'S COSTS FOR 420
constructing any improvement be paid out of the proceeds of any 421
tax levies for road purposes on the grand duplicate of the 422
county, or out of any road improvement fund available therefor; 423
FOR THE PAYMENT OF THOSE COSTS, or the board of county 424
commissioners or joint board thereof may enter, BY A SIMILAR VOTE 427
AND WITHOUT A PETITION, into an agreement with the boards of 428
township trustees of the townships in which said THE improvement 429
is situated in whole or in part, whereby THE ENTIRE COST OF THE 431
IMPROVEMENT IS PAID BY the county and townships, or one or more 432
of them, may pay such IN THE AGREED UPON proportion or amount of 434
the damages and expenses as is agreed upon between them COST. 436
Sec. 5555.46. All assessments, with interest accrued on 446
them, made under sections 5555.01 to 5555.72 of the Revised Code 447
shall be placed by the county auditor upon a special duplicate to 448
be collected as other taxes, and the principal OF THE ASSESSMENTS 449
shall be payable in not more than forty semiannual installments 451
extending over a period of not more than twenty years, as 453
determined by the board of county commissioners. If any
assessment is twenty-five dollars or less, or if the unpaid 454
balance of any assessment is twenty-five dollars or less, it 455
shall be paid in full, and not in installments, at the time the 456
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first or next installment would otherwise become due and payable. 457
If bonds PUBLIC OBLIGATIONS are issued OR INCURRED to pay 459
the compensation, damages, and expenses incident to COSTS OF the 460
improvement, the principal sum of the assessments shall be 462
payable in the A number of equal semiannual installments that 463
will provide a fund for the redemption of the bonds PUBLIC 465
OBLIGATIONS so issued OR INCURRED. The assessments shall bear 467
interest from the date of the issuance of the bonds PUBLIC 468
OBLIGATIONS and at the same rate OR RATES as the bonds PUBLIC 469
OBLIGATIONS, and the interest shall be collected in the same 470
manner as the principal of the assessments.
Sec. 5555.51. The board of county commissioners, in 479
anticipation of the collection of taxes, OR TAXES and 480
assessments, for a road improvement, or any part thereof, OF A 482
ROAD IMPROVEMENT may issue and sell bonds, OR INCUR, PUBLIC 483
OBLIGATIONS of the county under Chapter 133. of the Revised Code 485
in any amount not greater than the aggregate sum necessary to pay 486
the estimated compensation, damages, and expenses of such COSTS 487
OF THE improvement. The making of the ANY special assessments 489
referred to in sections 5555.41 to 5555.50 of the Revised Code 492
shall not be a condition precedent to the issuance OR INCURRENCE 493
of bonds PUBLIC OBLIGATIONS under this section, and such THE 494
special assessments may be made either before or after the 496
issuance OR INCURRENCE of such bonds THE PUBLIC OBLIGATIONS. 497
Sec. 5571.15. The (A) EXCEPT AS PROVIDED IN DIVISION (B) 507
OF THIS SECTION, THE board of township trustees may, without the 508
presentation of a petition, MAY take the necessary steps to 509
construct, reconstruct, resurface, or improve a public road or 511
part thereof, upon the passage of a resolution, by unanimous 513
vote, declaring the necessity therefor FOR THE CONSTRUCTION, 514
RECONSTRUCTION, RESURFACING, OR IMPROVEMENT. The cost thereof 515
may be paid by any of the methods provided in section 5573.07 of 517
the Revised Code, as determined by the board in such THE 518
resolution.
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(B) IF THE PRIMARY REASON FOR THE RECONSTRUCTION, 520
RESURFACING, OR IMPROVEMENT OF A PUBLIC ROAD OR PART THEREOF IS 521
TO IMPROVE THE DRAINAGE OF WATER FROM THE SURFACE OF THE ROAD, AS 522
DECLARED BY THE RESOLUTION, AND THERE IS NO PRESENTATION OF A 523
PETITION, THE BOARD MAY PROCEED UPON THE PASSAGE OF THE 524
RESOLUTION BY MAJORITY VOTE. THE COST IN SUCH CASE MAY BE PAID
BY EITHER OF THE METHODS PROVIDED IN DIVISION (B) OF SECTION 525
5573.07 OF THE REVISED CODE.
Sec. 5573.07. The compensation, damages, and costs of 534
township road improvements shall be apportioned and paid in any 535
of the following methods, as set forth in the petition: 536
(A) Any part thereof shall be assessed against: 538
(1) The real estate abutting upon said improvement; 540
(2) The real estate situated within one-half mile of 542
either side thereof;
(3) The real estate situated within one mile of either 544
side thereof, according to the benefits accruing to such real 545
estate;
(B) Any balance shall be paid: 547
(1) From the proceeds of any levy for road purposes upon 549
the grand duplicate of all the taxable property in the township; 550
(2) From any funds in the township treasury available 552
therefor.
When the board of township trustees acts by unanimous vote, 554
without the filing of a petition, AS PERMITTED BY DIVISION (A) OF 556
SECTION 5571.15 OF THE REVISED CODE, the board shall set forth in 557
its resolution, declaring THAT DECLARES the necessity for the 559
improvement, the method of apportioning and paying the 560
compensation, damages, and costs of the improvement, which may be 561
any one of the methods provided in this section. 562
WHEN THE BOARD ACTS BY MAJORITY VOTE AS PERMITTED BY 564
DIVISION (B) OF SECTION 5571.15 OF THE REVISED CODE, THE BOARD 565
SHALL SET FORTH IN ITS RESOLUTION THE METHOD OF PAYING THE 566
COMPENSATION, DAMAGES, AND COSTS OF THE IMPROVEMENT, WHICH MAY BE 568
14
BY EITHER OF THE METHODS PROVIDED IN DIVISION (B) OF THIS
SECTION. 569
Sec. 6103.01. As used in sections 6103.02 to 6103.30, 578
inclusive, of the Revised Code, "public THIS CHAPTER: 579
(A) "PUBLIC water supply FACILITIES," "WATER SUPPLY 582
FACILITIES," "WATER SUPPLY IMPROVEMENT," OR "IMPROVEMENT" means, 583
WITHOUT LIMITING THE GENERALITY OF THOSE TERMS, WATER wells AND 584
WELL FIELDS, springs, LAKES, RIVERS, streams, or other sources of 586
water supply, INTAKES, pumping STATIONS AND equipment, treatment, 587
FILTRATION, or purification plants, distributing FORCE AND 588
DISTRIBUTION LINES OR mains, cisterns, reservoirs, STORAGE 589
FACILITIES, necessary equipment for fire protection, other 590
RELATED STRUCTURES, equipment, AND FURNISHINGS, and lands, rights 591
of way, and easements REAL ESTATE AND INTERESTS IN REAL ESTATE, 592
necessary for OR USEFUL IN the proper development OF A WATER 594
SUPPLY FOR DOMESTIC OR OTHER PURPOSES and ITS PROPER distribution 595
of the supply. 596
(B) "CURRENT OPERATING EXPENSES," "DEBT CHARGES," 598
"PERMANENT IMPROVEMENT," "PUBLIC OBLIGATIONS," AND "SUBDIVISION" 599
HAVE THE SAME MEANINGS AS IN SECTION 133.01 OF THE REVISED CODE. 600
(C) "CONSTRUCT," "CONSTRUCTION," OR "CONSTRUCTING" MEANS 602
CONSTRUCTION, RECONSTRUCTION, ENLARGEMENT, EXTENSION, 603
IMPROVEMENT, RENOVATION, REPAIR, AND REPLACEMENT OF WATER SUPPLY 604
FACILITIES BUT DOES NOT INCLUDE REPAIRS, REPLACEMENTS, OR SIMILAR 605
ACTIONS THAT DO NOT CONSTITUTE AND QUALIFY AS PERMANENT 606
IMPROVEMENTS.
(D) "MAINTAIN," "MAINTAINING," OR "MAINTENANCE" MEANS 608
REPAIRS, REPLACEMENTS, AND SIMILAR ACTIONS THAT CONSTITUTE AND 609
ARE PAYABLE AS CURRENT OPERATING EXPENSES AND THAT ARE REQUIRED 610
TO RESTORE WATER SUPPLY FACILITIES TO, OR TO CONTINUE WATER 611
SUPPLY FACILITIES IN, GOOD ORDER AND WORKING CONDITION BUT DOES 612
NOT INCLUDE CONSTRUCTION OF PERMANENT IMPROVEMENTS.
(E) "PUBLIC AGENCY" MEANS A STATE AND ANY AGENCY OR 614
SUBDIVISION OF A STATE, INCLUDING A COUNTY, A MUNICIPAL 615
15
CORPORATION, OR OTHER SUBDIVISION.
(F) "COUNTY SANITARY ENGINEER" MEANS EITHER OF THE 617
FOLLOWING:
(1) THE REGISTERED PROFESSIONAL ENGINEER EMPLOYED OR 620
APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS TO BE THE COUNTY 621
SANITARY ENGINEER AS PROVIDED IN SECTION 6117.01 OF THE REVISED 622
CODE;
(2) THE COUNTY ENGINEER, IF, FOR AS LONG AS AND TO THE 624
EXTENT THAT ENGINEER BY AGREEMENT ENTERED INTO UNDER SECTION 626
315.14 OF THE REVISED CODE IS RETAINED TO DISCHARGE THE DUTIES OF 627
A COUNTY SANITARY ENGINEER UNDER THIS CHAPTER. 628
Sec. 6103.02. (A) For the purpose of preserving and 637
promoting the public health and welfare, and providing fire 638
protection, any A board of county commissioners may by resolution 640
acquire, construct, maintain, and operate any public water supply 641
or water-works system FACILITIES within its county for any ONE OR 643
MORE sewer district, DISTRICTS and may provide for the THEIR 644
protection thereof and prevent the THEIR pollution and 646
unnecessary waste thereof. THE BOARD MAY NEGOTIATE AND ENTER 647
INTO A CONTRACT WITH ANY PUBLIC AGENCY OR ANY PERSON FOR THE 648
MANAGEMENT, MAINTENANCE, OPERATION, AND REPAIR OF THE FACILITIES
ON BEHALF OF THE COUNTY, UPON THE TERMS AND CONDITIONS AS MAY BE 649
AGREED UPON WITH THE AGENCY OR PERSON AND AS MAY BE DETERMINED BY 650
THE BOARD TO BE IN THE INTERESTS OF THE COUNTY. By contract with 651
any municipal corporation, PUBLIC AGENCY or any person, firm, or 652
private corporation furnishing a OPERATING public water supply 654
FACILITIES within or without its county, the board ALSO may 656
provide such A supply of water to such A SEWER district from the 658
waterworks FACILITIES of such municipal corporation, THE PUBLIC 659
AGENCY OR person, firm, or private corporation. The 660
(B) THE COUNTY sanitary engineer, or sanitary engineering 663
department, of such county, in addition to other ASSIGNED duties 664
assigned to such sanitary engineer or department, shall assist 666
the board in the performance of its duties under sections 6103.02 667
16
to 6103.30 of the Revised Code, THIS CHAPTER and shall be charged 669
with such other duties and services in relation thereto TO THE 670
BOARD'S DUTIES as the board prescribes. The 671
(C) THE board may adopt, publish, administer, and enforce 674
rules for the construction, maintenance, protection, and use of 675
COUNTY-OWNED OR COUNTY-OPERATED public water supplies in the 676
county SUPPLY FACILITIES outside of municipal corporations, and 677
of public water supplies SUPPLY FACILITIES within municipal 679
corporations in its county wherever such water supplies THAT are 680
constructed OWNED or operated by such board THE COUNTY or THAT 681
are supplied with water from water supplies constructed SUPPLY 682
FACILITIES OWNED or operated by such board THE COUNTY, including, 684
BUT NOT LIMITED TO, RULES FOR the establishment AND USE of ANY 685
connections, THE TERMINATION IN ACCORDANCE WITH REASONABLE 686
PROCEDURES OF WATER SERVICE FOR NONPAYMENT OF COUNTY WATER RATES 687
AND CHARGES, AND THE ESTABLISHMENT AND USE OF SECURITY DEPOSITS 688
TO THE EXTENT CONSIDERED NECESSARY TO ENSURE THE PAYMENT OF 689
COUNTY WATER RATES AND CHARGES. Such THE rules shall not be 691
inconsistent with the laws of the state or the ANY APPLICABLE 692
rules of the DIRECTOR OF environmental protection agency. No 694
(D) NO public water supplies or water pipes or mains 697
SUPPLY FACILITIES shall be constructed in any county outside of 699
municipal corporations by any person, firm, or corporation, 700
except for the purpose of supplying water to such THOSE municipal 702
corporations, until the plans and specifications for the same 703
FACILITIES have been approved by the board. Any such 704
construction CONSTRUCTION shall be done under the supervision of 706
the COUNTY sanitary engineer. Any person, firm, or corporation 707
proposing or constructing such improvements PUBLIC WATER SUPPLY 708
FACILITIES shall pay to the county all expense EXPENSES incurred 710
by the board in connection therewith WITH THE CONSTRUCTION. The 711
(E) THE COUNTY sanitary engineer OR THE COUNTY SANITARY 713
ENGINEER'S AUTHORIZED ASSISTANTS OR AGENTS, WHEN PROPERLY 714
IDENTIFIED IN WRITING OR OTHERWISE AND AFTER WRITTEN NOTICE IS 715
17
DELIVERED TO THE OWNER AT LEAST FIVE DAYS IN ADVANCE OR MAILED AT 716
LEAST FIVE DAYS IN ADVANCE BY FIRST CLASS OR CERTIFIED MAIL TO 717
THE OWNER'S TAX MAILING ADDRESS, may enter upon any public or 719
private property for the purpose of making, AND MAY MAKE, surveys 721
and examinations OR INSPECTIONS necessary for the design or 722
examination EVALUATION of COUNTY public water supplies, and may 723
make such surveys and examinations SUPPLY FACILITIES. THIS ENTRY 724
IS NOT A TRESPASS AND IS NOT TO BE CONSIDERED AN ENTRY IN 725
CONNECTION WITH ANY APPROPRIATION OF PROPERTY PROCEEDINGS UNDER 726
SECTIONS 163.01 TO 163.22 OF THE REVISED CODE THAT MAY BE 727
PENDING. No person, firm, or corporation PUBLIC AGENCY shall 728
forbid or interfere with the COUNTY sanitary engineer or his THE 729
COUNTY SANITARY ENGINEER'S authorized assistants entering OR 732
AGENTS TO ENTER, OR INTERFERE WITH THEIR ENTRY, upon such THE 733
property for such THE purpose, or OF making such THE surveys or 735
examinations INSPECTIONS. If actual damage is done to property 736
by the making of such THE surveys and examinations OR 738
INSPECTIONS, the board shall pay the reasonable value of such THE 740
damage to the PROPERTY owner of the property damaged, and such 742
THE cost shall be included in the assessment upon the property 744
benefited by the improvement for which such surveys and 745
examinations are made THE COST OF THE FACILITIES AND MAY BE
INCLUDED IN ANY SPECIAL ASSESSMENTS LEVIED AND COLLECTED TO PAY 746
THAT COST.
(F) The board shall fix reasonable rates to be charged, 749
INCLUDING PENALTIES FOR LATE PAYMENTS, for water supplied TO 750
PUBLIC AGENCIES AND PERSONS when the source of supply or 751
distributing pipes THE FACILITIES FOR ITS DISTRIBUTION are owned 752
or operated by the county, which rates shall be at least 753
sufficient to pay for all of the cost of operation and
maintenance of improvements for which the resolution declaring 754
the necessity thereof shall be passed after July 1, 1958 AND MAY 755
CHANGE THE RATES FROM TIME TO TIME AS IT CONSIDERS ADVISABLE. 756
When the source of THE WATER supply TO BE USED BY THE COUNTY is 757
18
owned by a municipal corporation ANOTHER PUBLIC AGENCY or any 758
person, firm, or private corporation, the schedule of rates to be 759
charged by such municipal corporation, THE PUBLIC AGENCY OR 760
person, firm, or private corporation shall be ratified APPROVED 762
by the board at the time any IT ENTERS INTO A contract is entered 764
into for the use of water from such municipal corporation, THE 765
PUBLIC AGENCY OR person, firm, or private corporation. When the 766
distributing pipes DISTRIBUTION FACILITIES are owned by the 767
county, the board shall ALSO MAY fix a reasonable tap-in charge 769
and no CHARGES TO BE COLLECTED FOR THE PRIVILEGE OF CONNECTING TO 770
THE DISTRIBUTION FACILITIES AND MAY REQUIRE THAT, PRIOR TO THE 771
CONNECTION, THE CHARGES BE PAID IN FULL OR, IF DETERMINED BY THE 772
BOARD TO BE EQUITABLE IN A RESOLUTION RELATING TO THE PAYMENT OF
THE CHARGES, MAY REQUIRE THEIR PAYMENT IN INSTALLMENTS, AS 773
CONSIDERED ADEQUATE BY THE BOARD, AT THE TIMES, IN THE AMOUNTS, 774
AND WITH THE SECURITY, CARRYING CHARGES, AND PENALTIES AS MAY BE 775
DETERMINED BY THE BOARD IN THAT RESOLUTION TO BE FAIR AND 776
APPROPRIATE. NO PUBLIC AGENCY OR person shall be permitted to 777
tap into such distributing pipes CONNECT TO THOSE FACILITIES 778
until such charge has THE CHARGES HAVE been paid in full OR 781
PROVISION FOR THEIR PAYMENT IN INSTALLMENTS HAS BEEN MADE. When 782
IF THE CONNECTION CHARGES ARE TO BE PAID IN INSTALLMENTS, THE
BOARD SHALL CERTIFY, TO THE COUNTY AUDITOR, INFORMATION 783
SUFFICIENT TO IDENTIFY EACH PARCEL OF PROPERTY SERVED BY A 784
CONNECTION AND, WITH RESPECT TO EACH PARCEL, THE TOTAL OF THE 785
CHARGES TO BE PAID IN INSTALLMENTS, THE AMOUNT OF EACH 786
INSTALLMENT, AND THE TOTAL NUMBER OF INSTALLMENTS TO BE PAID.
THE COUNTY AUDITOR SHALL RECORD AND MAINTAIN THE INFORMATION SO 787
SUPPLIED IN THE WATERWORKS RECORD PROVIDED FOR IN SECTION 6103.16 788
OF THE REVISED CODE UNTIL THE CONNECTION CHARGES ARE PAID IN 789
FULL. THE BOARD MAY INCLUDE AMOUNTS ATTRIBUTABLE TO CONNECTION 790
CHARGES BEING PAID IN INSTALLMENTS IN ITS BILLINGS OF RATES AND 791
OTHER CHARGES FOR WATER SUPPLIED.
(G) WHEN any rents RATES or charges are not paid when due, 794
19
the board may do either ANY or both ALL of the following: 795
(1) Certify them THE UNPAID RATES OR CHARGES, together 797
with any penalties, to the county auditor. The county auditor 799
shall place the certified amount upon the real property tax list 800
and duplicate against the property served by the connection if he 801
also receives from the board additional certification that the 803
unpaid rents or charges have arisen pursuant to a service 804
contract made directly with an owner who occupies the property 805
served. THE CERTIFIED
The amount placed on the tax list and duplicate shall be a 807
lien on the property from the date placed on the REAL PROPERTY 808
TAX list and duplicate and shall be collected in the same manner 810
as other taxes, except that, notwithstanding section 323.15 of 811
the Revised Code, a county treasurer shall accept a payment in 812
such THAT amount when separately tendered as payment for the full 814
amount of such THE unpaid water rents RATES or charges and 816
associated penalties. The lien shall be released immediately 818
upon payment in full of the certified amount. All money 819
collected as rents or tap-in charges or for water-works purposes 820
in any district shall be paid to the county treasurer and kept in 821
a separate and distinct fund to the credit of such district. 822
(2) Collect them THE UNPAID RATES OR CHARGES, TOGETHER 824
WITH ANY PENALTIES, by actions at law in the name of the county 826
from an owner, tenant, or other person who OR PUBLIC AGENCY THAT 827
is liable to pay FOR the rents PAYMENT OF THE RATES or charges; 829
(3) TERMINATE, IN ACCORDANCE WITH ESTABLISHED RULES, THE 831
WATER SERVICE TO THE PARTICULAR PROPERTY UNLESS AND UNTIL THE 832
UNPAID RATES OR CHARGES, TOGETHER WITH ANY PENALTIES, ARE PAID IN 833
FULL;
(4) APPLY, TO THE EXTENT REQUIRED, ANY SECURITY DEPOSIT 835
MADE IN ACCORDANCE WITH ESTABLISHED RULES TO THE PAYMENT OF THE 836
UNPAID RATES AND CHARGES, TOGETHER WITH ANY PENALTIES, FOR WATER 837
SERVICE TO THE PARTICULAR PROPERTY. 838
ALL MONEYS COLLECTED AS RATES, CHARGES, OR PENALTIES FIXED 840
20
OR ESTABLISHED IN ACCORDANCE WITH DIVISION (F) OF THIS SECTION 841
FOR WATER SUPPLY PURPOSES IN OR FOR ANY SEWER DISTRICT SHALL BE 842
PAID TO THE COUNTY TREASURER AND KEPT IN A SEPARATE AND DISTINCT 843
WATER FUND ESTABLISHED BY THE BOARD TO THE CREDIT OF THE 844
DISTRICT.
Each board that assesses FIXES water rents RATES or charges 847
MAY RENDER ESTIMATED BILLS PERIODICALLY, PROVIDED THAT AT LEAST 848
QUARTERLY IT shall determine the actual amount of rents due based 850
upon SCHEDULE an actual reading of each customer's meter at least 852
once in each three-month period, and at least quarterly the board 853
shall SO AS TO render a bill for the actual amount shown by the 855
meter reading to be due, WITH CREDIT FOR PRIOR PAYMENTS OF ANY 856
ESTIMATED BILLS SUBMITTED FOR ANY PART OF THE BILLING PERIOD, 857
except THAT estimated bills may be rendered if access to a 858
customer's meter was unobtainable IS NOT ACCESSIBLE for a timely 859
reading OR IF THE CIRCUMSTANCES PRECLUDE A SCHEDULED READING. 860
Each board that assesses water rents or charges ALSO shall 861
establish procedures providing A fair and reasonable opportunity 862
for THE resolution of billing disputes. 863
When property to which water service is provided is about 865
to be sold, any party to the sale or his AN agent OF A PARTY may 867
request the board to read HAVE the meter at that property READ 869
and to render, within ten days following the date on which the 871
request is made, a final bill for all outstanding rents RATES and 872
charges for water service. Such a THE request shall be made at 874
least fourteen days prior to the transfer of the title of such 876
THE property.
At any time prior to a certification under division 878
(A)(G)(1) of this section, the board shall accept any partial 879
payment of unpaid water rents RATES or charges, in the amount of 880
ten dollars or more. 882
Except as otherwise provided in any resolution PROCEEDINGS 884
authorizing or providing for the security FOR and payment of any 886
bonds outstanding on July 1, 1958 or thereafter issued PUBLIC 887
21
OBLIGATIONS, or in any indenture or trust OR OTHER agreement 889
securing such bonds PUBLIC OBLIGATIONS, such MONEYS IN THE WATER 890
fund shall be applied first to the conduct, PAYMENT OF THE COST 891
OF THE management, MAINTENANCE, and operation of such THE water 893
supply or water-works system FACILITIES OF, OR USED OR OPERATED 894
FOR, THE SEWER DISTRICT, which COST may include THE COUNTY'S 895
SHARE OF MANAGEMENT, MAINTENANCE, AND OPERATION COSTS UNDER 896
COOPERATIVE CONTRACTS FOR THE ACQUISITION, CONSTRUCTION, OR USE
OF WATER SUPPLY FACILITIES AND, in accordance with a cost 898
allocation plan adopted under division (B)(H) of this section, 900
payment of all allowable direct and indirect costs of the water 901
supply or water-works system DISTRICT, the COUNTY sanitary 902
engineer or sanitary engineering department, or a federal or 903
state grant program, incurred for the purposes of this chapter;, 904
and shall be applied second to the payment of interest or 905
principal of any loan, indebtedness or liability DEBT CHARGES 906
PAYABLE ON ANY OUTSTANDING PUBLIC OBLIGATIONS ISSUED OR incurred 907
in connection therewith, or for the creation ACQUISITION OR 908
CONSTRUCTION OF WATER SUPPLY FACILITIES FOR OR SERVING THE 909
DISTRICT, OR FOR THE FUNDING of a sinking BOND RETIREMENT OR 910
OTHER fund ESTABLISHED for the liquidation of any debt created in 912
connection therewith PAYMENT OF OR SECURITY FOR THE OBLIGATIONS. 913
Any surplus thereafter remaining may be applied to the 914
enlargement, replacement, or extension ACQUISITION OR 915
CONSTRUCTION of such water supply or water-works system, but in 918
no case shall money so collected THOSE FACILITIES OR FOR THE 919
PAYMENT OF CONTRIBUTIONS TO BE MADE, OR COSTS INCURRED, FOR THE
ACQUISITION OR CONSTRUCTION OF THOSE FACILITIES UNDER COOPERATIVE 920
CONTRACTS. MONEYS IN THE WATER FUND SHALL NOT be expended 921
otherwise OTHER than for the use and benefit of such THE 923
district. No provision of this section shall limit or restrict 924
the power and discretion of the board to determine how much of 925
the cost of such improvements shall be borne by the county at 926
large and how much shall be specially assessed upon benefited 927
22
properties, nor the power to issue notes and bonds for the share 928
to be borne by the county and in anticipation of the levy or 929
collection of special assessments for the share to be specially 930
assessed, nor the power of the board to levy special assessments 931
upon benefited properties for operation and maintenance whenever 932
the rents and other funds available are not sufficient to pay all 933
the cost thereof. 934
(B)(H) A board of county commissioners may adopt a cost 936
allocation plan that identifies, accumulates, and distributes 937
allowable direct and indirect costs that may be paid from the 938
WATER fund of the water supply or water-works system SEWER 939
DISTRICT created in PURSUANT TO division (A)(G) of this section, 941
and THAT prescribes methods for allocating those costs. The plan 943
shall authorize payment from the fund for OF only those costs 944
incurred by the district, the COUNTY sanitary engineer or 946
sanitary engineering department, or a federal or state grant 947
program, and those costs incurred by the general and other funds 948
of the county for a common or joint purpose, that are necessary 949
and reasonable for the proper and efficient administration of the 950
water supply or water-works system DISTRICT under this chapter. 951
The plan shall not authorize payment from the fund of any general 953
government expense required to carry out the overall governmental 954
responsibilities of a county. The plan shall conform to United 955
States office of management and budget Circular A-87, "Cost 956
Principles for State and, Local, AND INDIAN TRIBAL Governments," 958
published January 15 MAY 17, 1983 1995. 959
Sec. 6103.03. The authority of the A board of county 968
commissioners to provide ACQUIRE, CONSTRUCT, MAINTAIN, AND 969
OPERATE water supply improvements and to maintain and operate the 971
same within FACILITIES FOR A COUNTY sewer districts which include 973
a part or all of the DISTRICT IN territory within one or more OF 974
A municipal corporations shall be CORPORATION, OR A REGIONAL 975
DISTRICT ESTABLISHED UNDER CHAPTER 6119. OF THE REVISED CODE, 977
THAT IS IN WHOLE OR IN PART WITHIN THE COUNTY SEWER DISTRICT IS 978
23
the same as provided by law WITH RESPECT TO TERRITORY within 979
districts A COUNTY SEWER DISTRICT THAT IS wholly outside of A 980
municipal corporation, including the levying of assessments. 982
Such authority shall be limited to main works only, and shall not 983
include construction and maintenance of lateral water mains for 984
local service OR A REGIONAL DISTRICT, SUBJECT TO THE FOLLOWING IN 985
THE CASE OF FACILITIES within such A municipal corporation. The 986
plans, specifications, and estimated cost for any improvement 987
within the corporate limits of such municipal corporation: 988
(A) THE ACQUISITION, CONSTRUCTION, MAINTENANCE, AND 990
OPERATION OF THE FACILITIES shall FIRST be approved AUTHORIZED by 991
AN ORDINANCE OR RESOLUTION OF the legislative authority of such 993
THE municipal corporation prior to the letting of any contract 995
for the construction thereof. All
(B) ALL road surfaces, curbs, sidewalks, sewers, water 998
pipes SUPPLY FACILITIES, or other public IMPROVEMENTS OR property 999
THAT MAY BE disturbed or damaged by such THE construction OF THE 1,000
FACILITIES shall be REPLACED OR restored to their original 1,002
condition within a reasonable time by the board COUNTY, and the 1,004
cost thereof shall be TREATED AS a part of the cost of such 1,005
improvement. After such main works are constructed, such 1,006
municipal corporations may use the same as a supply for branch 1,007
and lateral water mains, for the service and use only of that 1,008
part of such THE FACILITIES. 1,009
(C) THE municipal corporation as lies within the area 1,011
assessed or to be assessed for the cost of such main works, 1,012
subject to such, WITH PRIOR APPROVAL OF OR BY AGREEMENT WITH THE 1,013
BOARD, MAY MAKE USE OF THE FACILITIES IN ACCORDANCE WITH rules 1,015
and regulations as are established by the board and subject to 1,016
all ANY APPLICABLE requirements of the director of environmental 1,018
protection.
At any time after a district is established comprising or 1,020
including a part or all of the territory within any municipal 1,021
corporation, the legislative authority of such municipal 1,022
24
corporation may by ordinance or resolution authorize the board to 1,023
proceed with the construction or the maintenance, repair, and 1,024
operation of any water improvement for local service within such 1,025
municipal corporation. After such authority has been granted, 1,026
the board may proceed with the construction or the maintenance, 1,027
repair, and operation of said improvement in the same manner as 1,028
provided by law for improvements in districts wholly outside of 1,029
municipal corporations, under the same restrictions as provided 1,030
in this section for main works. 1,031
Sec. 6103.04. (A) Whenever any portion of a COUNTY sewer 1,040
district is incorporated as a municipal corporation, or annexed 1,042
to, a municipal corporation, the area so incorporated or annexed 1,044
shall remain under the jurisdiction of the board of county 1,045
commissioners for water-works purposes OF THE ACQUISITION AND
CONSTRUCTION OF WATER SUPPLY IMPROVEMENTS until any water supply 1,046
or water-works ALL OF THE improvements for said THE area for 1,048
which detailed plans have been prepared and the resolutions 1,049
declaring the necessity thereof A RESOLUTION DESCRIBED IN 1,050
DIVISION (A) OR (E) OF SECTION 6103.05 OF THE REVISED CODE has 1,051
been adopted by the board have been ACQUIRED OR completed or 1,052
until said THE board has abandoned such projects THE 1,054
IMPROVEMENTS. Such THE BOARD, UNLESS AND UNTIL A CONVEYANCE IS 1,055
MADE TO A MUNICIPAL CORPORATION IN ACCORDANCE WITH DIVISION (B) 1,056
OF THIS SECTION, SHALL CONTINUE TO HAVE JURISDICTION IN THE AREA 1,057
SO INCORPORATED OR ANNEXED WITH RESPECT TO THE MANAGEMENT,
MAINTENANCE, AND OPERATION OF ALL WATER SUPPLY IMPROVEMENTS SO 1,059
ACQUIRED OR COMPLETED, OR PREVIOUSLY ACQUIRED OR COMPLETED, 1,060
INCLUDING THE RIGHT TO ESTABLISH RULES AND RATES AND CHARGES FOR 1,061
THE USE OF, AND CONNECTIONS TO, THE IMPROVEMENTS. THE 1,062
incorporation or annexation of any part of a district shall not 1,064
interfere with or render illegal AFFECT THE LEGALITY OR 1,065
ENFORCEABILITY OF any issue of bonds or certificate of 1,066
indebtedness made PUBLIC OBLIGATIONS ISSUED OR INCURRED by the 1,067
board in accordance with sections 6103.02 to 6103.30, inclusive, 1,069
25
of the Revised Code, COUNTY FOR PURPOSES OF THIS CHAPTER to 1,070
provide FOR THE payment for OF the cost of ACQUISITION, 1,071
construction and, maintenance, OR OPERATION of any water SUPPLY 1,074
improvements within such THE area, or with THE VALIDITY OF any 1,075
assessments levied or to be levied upon the property PROPERTIES 1,076
within such THE area to provide for the payment of the cost of 1,078
ACQUISITION, construction and, maintenance, OR OPERATION OF THE 1,079
IMPROVEMENTS. 1,080
(B) ANY COMPLETED WATER SUPPLY FACILITIES ACQUIRED OR 1,082
CONSTRUCTED BY A COUNTY UNDER THIS CHAPTER FOR THE USE OF ANY 1,083
COUNTY SEWER DISTRICT, OR ANY PART OF THOSE FACILITIES, THAT ARE 1,084
LOCATED WITHIN A MUNICIPAL CORPORATION OR WITHIN ANY AREA THAT IS 1,086
INCORPORATED AS, OR ANNEXED TO, A MUNICIPAL CORPORATION, OR ANY 1,087
PART OF THE FACILITIES THAT PROVIDE WATER FOR A MUNICIPAL
CORPORATION OR SUCH AN AREA, MAY BE CONVEYED, BY MUTUAL AGREEMENT 1,088
BETWEEN THE BOARD AND THE MUNICIPAL CORPORATION, TO THE MUNICIPAL 1,089
CORPORATION ON TERMS AND FOR CONSIDERATION AS MAY BE NEGOTIATED. 1,090
UPON AND AFTER THE CONVEYANCE, THE MUNICIPAL CORPORATION SHALL 1,091
MANAGE, MAINTAIN, AND OPERATE THE FACILITIES IN ACCORDANCE WITH 1,093
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 1,094
DISTRICT. NEITHER THE VALIDITY OF ANY ASSESSMENT LEVIED OR TO BE 1,095
LEVIED, NOR THE LEGALITY OR ENFORCEABILITY OF ANY PUBLIC 1,096
OBLIGATIONS ISSUED OR INCURRED, TO PROVIDE FOR THE PAYMENT OF THE 1,097
COST OF THE ACQUISITION, CONSTRUCTION, MAINTENANCE, OR OPERATION 1,098
OF THE FACILITIES OR ANY PART OF THEM SHALL BE AFFECTED BY THE
CONVEYANCE. 1,099
Sec. 6103.05. (A) After the establishment of any COUNTY 1,108
sewer district, the board of county commissioners, IF A WATER 1,110
SUPPLY IMPROVEMENT IS TO BE UNDERTAKEN, may have prepared by the 1,112
county sanitary engineer PREPARE, OR OTHERWISE CAUSE TO BE
PREPARED, FOR THE DISTRICT, OR REVISE AS NEEDED, a general plan 1,114
of water supply and water works for such district THAT IS as 1,115
complete as can be made DEVELOPED at that THE time. After such 1,117
26
THE general plan, IN ORIGINAL OR REVISED FORM, has been approved 1,118
by the board, IT MAY ADOPT A RESOLUTION GENERALLY DESCRIBING THE 1,119
WATER SUPPLY IMPROVEMENT THAT IS NECESSARY TO BE ACQUIRED OR 1,120
CONSTRUCTED IN ACCORDANCE WITH THE PLAN, DECLARING THAT THE
IMPROVEMENT IS NECESSARY FOR THE PRESERVATION AND PROMOTION OF 1,121
THE PUBLIC HEALTH AND WELFARE, AND DETERMINING WHETHER OR NOT 1,122
SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED TO PAY ANY 1,123
PART OF THE COST OF THE IMPROVEMENT.
(B) IF SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED AND 1,125
COLLECTED TO PAY ANY PART OF THE COST OF THE IMPROVEMENT, THE 1,126
BOARD, IN THE RESOLUTION PROVIDED FOR IN DIVISION (A) OF THIS 1,127
SECTION OR IN A SUBSEQUENT RESOLUTION, INCLUDING A RESOLUTION 1,128
AUTHORIZING THE ISSUANCE OR INCURRENCE OF PUBLIC OBLIGATIONS FOR 1,129
THE IMPROVEMENT, MAY AUTHORIZE THE IMPROVEMENT AND THE
EXPENDITURE OF THE FUNDS REQUIRED FOR ITS ACQUISITION OR 1,130
CONSTRUCTION AND MAY PROCEED WITH THE IMPROVEMENT WITHOUT REGARD 1,131
TO THE PROCEDURES OTHERWISE REQUIRED BY DIVISIONS (C), (D), AND 1,132
(E) OF THIS SECTION AND BY SECTIONS 6103.06, 6103.07, AND 6117.09 1,133
TO 6117.24 OF THE REVISED CODE. THOSE PROCEDURES SHALL BE 1,134
REQUIRED ONLY FOR IMPROVEMENTS FOR WHICH SPECIAL ASSESSMENTS ARE 1,135
TO BE LEVIED AND COLLECTED.
(C) IF SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED 1,137
PURSUANT TO A DETERMINATION MADE IN THE RESOLUTION PROVIDED FOR 1,138
IN DIVISION (A) OF THIS SECTION OR IN A SUBSEQUENT RESOLUTION, 1,139
THE PROCEDURES REFERRED TO IN DIVISION (B) OF THIS SECTION AS 1,140
BEING REQUIRED FOR THAT PURPOSE SHALL APPLY, AND THE BOARD MAY 1,141
HAVE the COUNTY sanitary engineer shall prepare, OR OTHERWISE 1,143
CAUSE TO BE PREPARED, detailed plans, specifications, and 1,144
estimates AN ESTIMATE of cost of such part of FOR the improvement 1,146
as it is necessary to then construct, together with a tentative 1,147
assessment of the cost based on such THE estimate. Such THE 1,148
tentative assessment shall be for the information of property 1,149
owners, and shall not be LEVIED OR certified to the county 1,150
auditor for collection. Such THE detailed plans, specifications, 1,152
27
estimates ESTIMATE of cost, and tentative assessment, as so 1,154
prepared by the sanitary engineer and IF approved by the board, 1,156
shall be carefully preserved in the office of the board or the 1,157
COUNTY sanitary engineer and shall be open to THE inspection of 1,158
all persons interested in such improvements THE IMPROVEMENT. 1,159
(B)(D) After THE BOARD'S approval of the detailed plans, 1,162
specifications, estimates ESTIMATE of cost, and tentative 1,163
assessment, and at least twenty-four days before adopting a 1,165
resolution as required by PURSUANT TO division (C)(E) of this 1,167
section, the board, EXCEPT TO THE EXTENT THAT APPROPRIATE WAIVERS 1,168
OF NOTICE ARE OBTAINED FROM AFFECTED OWNERS, shall send CAUSE TO 1,169
BE SENT a notice of its intent to consider or adopt a resolution 1,171
to each owner of property PROPOSED TO BE ASSESSED that is listed 1,172
on the records of the county auditor for current agricultural use 1,174
value taxation pursuant to section 5713.31 of the Revised Code 1,175
and that is not located in an agricultural district established 1,176
under section 929.02 of the Revised Code. The notice shall 1,177
SATISFY ALL OF THE FOLLOWING:
(1) Be sent by first class or certified mail; 1,179
(2) Specify the proposed date of the adoption of the 1,181
resolution; 1,182
(3) Contain a statement that the project IMPROVEMENT will 1,184
be financed in whole or in part by special assessments and that 1,186
all owners of property PROPERTIES not located in an agricultural 1,187
district established pursuant to section 929.02 of the Revised 1,189
Code may be subject to a special assessment; and 1,190
(4) Contain a statement that an agricultural district may 1,192
be established by filing an application with the county auditor. 1,193
If it appears, by the return of the mailed notices or by 1,195
other means, that one or more of the AFFECTED owners of property 1,197
cannot be found or are not served by the mailed notice, the board 1,198
shall publish CAUSE the notice TO BE PUBLISHED ONCE in a 1,199
newspaper of general circulation within IN the county not later 1,201
than ten days before the adoption of the resolution. 1,202
28
(C)(E) After complying with divisions (A), (C), and (B)(D) 1,205
of this section, the board shall MAY adopt a resolution declaring 1,206
that such THE improvement, describing the same WHICH SHALL BE 1,208
DESCRIBED AS TO ITS NATURE and ITS location, route, and termini 1,209
thereof, is necessary for the preservation and promotion of THE 1,210
public health and welfare and to provide fire protection, 1,211
referring to the plans, specifications, estimates ESTIMATE of 1,212
cost, and tentative assessment, stating the place where they are 1,214
on file and may be examined, what part of AND PROVIDING THAT the 1,215
ENTIRE cost OR A LESSER DESIGNATED PART OF THE COST will be paid 1,217
by the county at large, and what part will be specially assessed 1,218
against the benefited property PROPERTIES within the district AND 1,219
THAT ANY BALANCE WILL BE PAID BY THE COUNTY AT LARGE FROM OTHER 1,220
AVAILABLE FUNDS. Such THE resolution shall also SHALL contain a 1,222
description of the boundaries of that part of the district to be 1,224
assessed, and may include the estimated cost of maintaining the 1,225
improvement for one year. The resolution shall designate a time 1,226
and place, to be fixed by the board, when and where FOR 1,227
objections to the improvement, to the tentative assessment, or to 1,228
the boundaries of the assessment district will TO be heard by the 1,230
board. The date of such THAT hearing shall be not less than 1,232
twenty-four days after the date of the first publication of the 1,233
notice of THE hearing required by this section DIVISION. 1,234
The board shall cause a notice of the hearing to be 1,236
published once a week for two consecutive weeks in a newspaper of 1,237
general circulation within IN the county, and on or before the 1,238
date of the second publication, it shall send CAUSE TO BE SENT by 1,241
ordinary first class or certified mail a copy of the notice to 1,243
every owner of property to be assessed for such THE improvement 1,244
whose address is known.
The notice shall set forth the time and place of the 1,246
hearing, a summary description of the proposed improvement, 1,247
including its general route and termini, a summary description of 1,248
the area to be assessed CONSTITUTING THE ASSESSMENT DISTRICT, and 1,250
29
the place where the plans, specifications, estimates ESTIMATE of 1,251
cost, and tentative assessments ASSESSMENT are on file and may be 1,253
examined. The EACH MAILED notice shall also SHALL include a 1,254
statement that the property of the addressee will be assessed for 1,255
such THE improvement. Notice of such hearing THE NOTICE ALSO 1,257
shall be mailed SENT BY FIRST CLASS OR CERTIFIED MAIL, ON OR 1,258
BEFORE THE DATE OF THE SECOND PUBLICATION, to the clerk, OR THE 1,260
OFFICIAL DISCHARGING THE DUTIES OF A CLERK, of any municipal 1,261
corporation any part of which lies within the assessment district 1,262
AND SHALL STATE WHETHER OR NOT ANY PROPERTY BELONGING TO THE 1,263
MUNICIPAL CORPORATION IS TO BE ASSESSED AND, IF SO, SHALL
IDENTIFY THAT PROPERTY. A 1,264
AT THE hearing shall be granted by, OR AT ANY ADJOURNMENT 1,267
OF THE HEARING, OF WHICH NO FURTHER PUBLISHED OR MAILED NOTICE
NEED BE GIVEN, the board to SHALL HEAR all parties interested at 1,269
the time and place fixed by such resolution and notice WHOSE 1,271
PROPERTIES ARE PROPOSED TO BE ASSESSED. Written objections to or 1,272
indorsements ENDORSEMENTS of the proposed improvement, the ITS 1,274
character and termini thereof, the boundaries of the assessment 1,276
district, or the tentative assessment shall be received by the 1,277
board for a period of five days after the COMPLETION OF THE 1,278
hearing, and no action shall be taken by the board in the matter 1,280
until after such THAT period has elapsed. The minutes of the 1,282
hearing shall be entered on the journal of the board showing the 1,283
persons who appear in person or by attorney, and all written 1,284
objections shall be preserved and filed in the office of the 1,285
board.
Sec. 6103.07. After the passage ADOPTION of the A 1,294
resolution to proceed with an improvement, as provided in section 1,296
6103.06 of the Revised Code, no further action THE CONSTRUCTION 1,298
OF THE IMPROVEMENT shall be taken or work done in connection 1,299
therewith DEFERRED until ten days have elapsed. If, at the 1,300
expiration of such THAT period, no appeal has been effected by 1,301
any property owner, as provided in sections 6117.09 to 6117.24, 1,302
30
inclusive, of the Revised Code, THE ACTION OF THE BOARD OF COUNTY 1,303
COMMISSIONERS SHALL BE FINAL, AND the board may PROCEED TO issue 1,305
and sell bonds or certificates of indebtedness INCUR PUBLIC 1,307
OBLIGATIONS and construct such THE improvement. If, at the end 1,308
of THAT ten days, any owner of property to be assessed or taxed 1,310
for the improvement has effected an appeal, then said work THE 1,312
CONSTRUCTION OF THE IMPROVEMENT shall not be proceeded with 1,313
DEFERRED until the matters appealed from have been disposed of in 1,314
court.
Sec. 6103.081. (A) After the establishment of any COUNTY 1,323
sewer district, the board of county commissioners may determine 1,325
by resolution that it is necessary to provide water supply 1,326
improvements and to maintain and operate the same IMPROVEMENTS 1,327
within the sewer district or a designated portion thereof and OF 1,328
THE DISTRICT, that such water supply THE improvements, WHICH 1,330
SHALL BE generally described in such THE resolution, shall be 1,331
constructed, THAT FUNDS ARE REQUIRED TO PAY THE PRELIMINARY COSTS 1,332
OF THE IMPROVEMENTS TO BE INCURRED PRIOR TO THE COMMENCEMENT OF 1,333
THE PROCEEDINGS FOR THEIR CONSTRUCTION, AND THAT THOSE FUNDS
SHALL BE PROVIDED IN ACCORDANCE WITH THIS SECTION. 1,334
(B) Prior to the adoption of such THE resolution, the 1,336
board of county commissioners shall give notice of the ITS 1,338
pendency thereof and of the proposed determination of the 1,340
necessity of the improvements therein generally described, which 1,341
IN THE RESOLUTION. THE notice shall set forth a description of 1,342
the properties to be benefited by the improvements and the time 1,343
and place of A hearing of objections to and endorsements of the 1,345
improvements. Such THE notice shall be given EITHER by 1,346
publication in a newspaper of general circulation IN THE COUNTY 1,348
once a week for two consecutive weeks, OR BY MAILING A COPY OF 1,349
THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO THE OWNERS OF THE 1,350
PROPERTIES PROPOSED TO BE ASSESSED AT THEIR RESPECTIVE TAX 1,351
MAILING ADDRESSES, OR BY BOTH MANNERS, the first publication to 1,352
be MADE OR THE MAILING TO OCCUR at least two weeks prior to the 1,353
31
date set for the hearing. At such THE hearing, or at any 1,354
adjournment thereof OF THE HEARING, of which no further published 1,356
OR MAILED notice need be given, the board of county commissioners 1,357
shall hear all persons whose properties are proposed to be 1,358
assessed, and such THE evidence as is deemed IT CONSIDERS to be 1,360
necessary, and shall. THE BOARD then SHALL determine the 1,361
necessity of the proposed improvement, IMPROVEMENTS and in 1,362
addition shall determine whether such THE improvements shall be 1,365
made by the board of county commissioners and, IF THEY ARE TO BE 1,366
MADE, shall direct the preparation of tentative assessments upon 1,367
the benefited properties and by whom they shall be prepared. 1,368
Thereupon in (C) IN order to obtain funds for the 1,370
preparation of a general OR REVISED GENERAL plan of water supply 1,372
and waterworks for such THE district or part thereof and OF THE 1,373
DISTRICT, FOR THE PREPARATION OF the detailed plans, 1,374
specifications, estimates ESTIMATE of cost, preparation of the 1,375
AND tentative assessment FOR THE PROPOSED IMPROVEMENTS, and FOR 1,376
the cost of financing and legal services incident to the 1,377
preparation of all of such THOSE plans and a plan of financing 1,378
the proposed improvement IMPROVEMENTS, the board of county 1,380
commissioners may levy upon the property PROPERTIES to be 1,382
benefited in such THE district a preliminary assessment 1,383
apportioned according to benefits or to tax valuation or partly 1,385
by one method and partly BY the other METHOD as the board of 1,387
county commissioners may determine. Such THE assessments shall 1,388
be in the amount determined to be necessary to obtain funds for 1,389
such THE general and detailed plans and such costs THE COST of 1,391
financing and legal services and shall be payable in such THE 1,393
number of years as THAT the board of county commissioners shall 1,394
determine, not to exceed twenty years, together with interest on 1,395
any notes and bonds which PUBLIC OBLIGATIONS THAT may be issued 1,397
OR INCURRED in anticipation of the collection of such THE 1,399
assessments. 1,400
(D) The board of county commissioners shall have power at 1,402
32
any time to levy additional assessments according to benefits or 1,404
to tax valuation or partly by one method and partly by the other 1,405
METHOD as the board of county commissioners may determine for 1,407
such THE purposes DESCRIBED IN DIVISION (C) OF THIS SECTION upon 1,408
such THE BENEFITED properties to complete the payment of such THE 1,410
costs DESCRIBED IN DIVISION (C) OF THIS SECTION or to pay the 1,412
cost of any additional plans, specifications, estimates ESTIMATE 1,413
of cost, OR tentative assessments ASSESSMENT and the cost of 1,414
financing and legal services incident to the preparation of such 1,415
THOSE plans and such THE plan of financing, which additional 1,417
assessments shall be payable in such THE number of years as THAT 1,418
the legislative authority BOARD shall determine, not to exceed 1,419
twenty years, together with interest on any notes and bonds which 1,421
PUBLIC OBLIGATIONS THAT may be issued OR INCURRED in anticipation 1,422
of the collection thereof OF THE ADDITIONAL ASSESSMENTS. 1,424
(E) Prior to the adoption of the A resolution levying such 1,427
assessments UNDER THIS SECTION, the board shall give at least ten 1,428
days' notice EITHER BY ONE PUBLICATION in one A newspaper of 1,429
general circulation in the county which shall state, OR BY 1,431
MAILING A COPY OF THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO 1,432
THE OWNERS OF THE PROPERTIES PROPOSED TO BE ASSESSED AT THEIR 1,433
RESPECTIVE TAX MAILING ADDRESSES, OR BY BOTH MANNERS, THE 1,434
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 1,436
MEETING AT WHICH THE resolution shall be taken up for 1,438
consideration; THAT NOTICE SHALL STATE THE TIME AND PLACE OF THE 1,439
MEETING AT WHICH THE RESOLUTION IS TO BE CONSIDERED. At such THE 1,440
time and place OF THE MEETING, or at any adjournment thereof OF 1,442
THE MEETING, of which no further published OR MAILED notice need 1,443
be given, the board shall hear all persons whose properties are 1,444
proposed to be assessed, shall correct any errors and make any 1,445
revisions that appear to be necessary or just, and may then pass 1,446
MAY ADOPT a resolution levying upon the properties determined to 1,447
be benefited such THE assessments as so corrected and revised. 1,448
33
The assessments levied by such THE resolution shall be 1,450
certified to the county auditor for collection IN THE SAME MANNER 1,452
as other taxes in the year or years in which they are payable. 1,454
(F) Upon the adoption of such THE resolution DESCRIBED IN 1,457
DIVISION (E) OF THIS SECTION, no further action shall be taken or 1,458
work done until ten days have elapsed. If, at the expiration of 1,459
such THAT period, no appeal has been effected by any property 1,461
owner as herein provided IN THIS DIVISION, the action of the 1,464
board shall be final. If, at the end of THAT ten days, any owner 1,465
of property to be assessed for the improvement IMPROVEMENTS has 1,466
effected such an appeal then, no further action shall be taken 1,468
and no work done in connection with such THE improvements under 1,471
said THE resolution until the matters appealed from have been 1,472
disposed of in court. 1,473
Any owner of property to be assessed may appeal as provided 1,475
and upon the grounds stated in sections 6117.09 to 6117.24, 1,476
inclusive, of the Revised Code. 1,477
If no appeal has been perfected or if on appeal the 1,479
resolution of award of county commissioners THE BOARD is 1,480
sustained, the board of county commissioners may authorize AND 1,482
ENTER INTO contracts to carry out the purpose for which such THE 1,483
assessments have been levied without the prior issuance of notes, 1,484
provided that the payments due by the board of county 1,486
commissioners UNDER THOSE CONTRACTS do not fall due prior to the 1,487
time in BY which such THE assessments shall ARE TO be collected. 1,489
The board of county commissioners shall also have the power to 1,491
MAY issue and sell its bonds with a maximum maturity of twenty 1,493
years in anticipation of the collection of such THE assessments 1,494
and may issue its notes in anticipation of the issuance of such 1,495
THE bonds, which notes and bonds, AS PUBLIC OBLIGATIONS, shall be 1,497
issued and sold as provided in Chapter 133. of the Revised Code. 1,499
Sec. 6103.11. Whenever the owners of all the lots and 1,508
lands to be benefited by and to be assessed for any water supply 1,510
or water-works system, IMPROVEMENT provided for in sections 1,512
34
6103.02 to 6103.30, inclusive, of the Revised Code THIS CHAPTER, 1,513
by petition in writing, request the board of county commissioners 1,514
to provide for the ACQUISITION OR construction, maintenance, and 1,515
operation of any such THE improvement, describing the improvement 1,517
desired and the lots and lands owned by them respectively to be 1,519
assessed to pay the cost and OF ACQUISITION OR CONSTRUCTION, 1,521
maintenance, AND OPERATION of such THE improvement, and 1,522
consenting that their said lots and lands may be assessed to pay 1,523
the cost of such THE ACQUISITION OR CONSTRUCTION OF THE 1,524
improvement and of ITS maintenance and operation as provided in 1,525
such sections THIS CHAPTER, and waive notice and the publication 1,527
of all resolutions and legal notices provided for in such 1,529
sections OTHERWISE REQUIRED, the board shall MAY have THE COUNTY 1,531
SANITARY ENGINEER PREPARE, OR OTHERWISE CAUSE TO BE prepared, the 1,532
necessary plans, specifications, and estimates ESTIMATE of cost 1,534
of THE ACQUISITION OR construction, maintenance, and operation 1,537
thereof, OF THE IMPROVEMENT and a tentative assessment. When all 1,538
of the owners of the lots and lands to be benefited by and 1,539
assessed for the proposed improvement in writing state, IN 1,540
WRITING, that they have examined the estimated ESTIMATE OF cost 1,541
and tentative assessment as made by the county sanitary engineer, 1,542
that they have no objections thereto TO THEM, and that, in case 1,544
bonds are sold PROPOSED TO BE ISSUED prior to the ACQUISITION OR 1,546
construction of the improvement, they waive their right or option 1,547
to pay the assessments in cash, then the board shall MAY proceed, 1,549
as provided in such sections, THIS CHAPTER to construct such 1,551
CAUSE THE improvement TO BE ACQUIRED OR CONSTRUCTED and make 1,552
provisions TO CAUSE PROVISION TO BE MADE for the payment of the 1,553
cost of ITS ACQUISITION OR construction, maintenance, and 1,554
operation, as provided in such sections, except that none of the 1,556
notices or publications OTHERWISE required by law need be made 1,557
nor any GIVEN AND NO opportunity NEED be given PROVIDED for the 1,558
filing of objections to the improvement, ITS CHARACTER AND 1,559
TERMINI, THE BOUNDARIES OF THE ASSESSMENT DISTRICT, or to the 1,560
35
assessments, TENTATIVE ASSESSMENT or, if bonds have been sold ARE 1,562
ISSUED PRIOR TO THE ACQUISITION OR CONSTRUCTION OF THE 1,563
IMPROVEMENT, for paying the assessments in cash, and the. THE 1,565
board shall forthwith MAY proceed to authorize and issue bonds or 1,566
certificates INCUR PUBLIC OBLIGATIONS IN THE REQUIRED AMOUNT, 1,567
COMPLETE THE ACQUISITION OR CONSTRUCTION of indebtedness THE 1,568
IMPROVEMENT, and levy and collect the assessments authorized by 1,571
sections 6103.02 to 6103.30, inclusive, of the Revised Code, and 1,572
no THIS CHAPTER. NO person, firm, or corporation PUBLIC AGENCY 1,574
shall have the right to appeal from any decision or action of the 1,576
board in the matter except refusal by the board to proceed with
such THE improvement. The 1,578
THE tentative assessment provided for in this section shall 1,580
be for the information of property owners and shall not be LEVIED 1,581
OR certified to the county auditor for collection. On completion 1,585
of the work IMPROVEMENT, the ITS cost thereof shall be 1,586
determined, including incidental expense as defined in sections 1,588
6103.02 to 6103.30, inclusive, of the Revised Code, and a revised 1,590
assessment shall be prepared by the COUNTY sanitary engineer 1,591
SHALL PREPARE, OR OTHERWISE CAUSE TO THE BE PREPARED, A REVISED 1,592
ASSESSMENT based on such THE actual cost and in substantially the 1,594
same proportion as the tentative assessment. The board shall 1,595
confirm such AND LEVY THE revised assessment and certify the same 1,597
IT to the COUNTY auditor for collection. 1,598
Sec. 6103.12. The cost of any improvement provided for in 1,607
sections 6103.02 to 6103.30, inclusive, of the Revised Code, THIS 1,609
CHAPTER and the cost of the ITS maintenance and operation 1,611
thereof, shall include, in addition to the cost of ITS
ACQUISITION OR construction, the cost of engineering, necessary 1,613
publications, inspection, interest on certificates of 1,614
indebtedness or on bonds PUBLIC OBLIGATIONS, and all other items 1,615
of cost incident to such THE improvement AS DESCRIBED IN DIVISION 1,616
(B) OF SECTION 133.15 OF THE REVISED CODE. The county may pay 1,617
FROM AVAILABLE COUNTY FUNDS any part of the cost of such THE 1,618
36
improvement and any part of the COST OF ITS maintenance and 1,619
operation thereof if the board of county commissioners deems such 1,621
CONSIDERS THE payment TO BE just. 1,622
Sec. 6103.13. The cost and expense of the ACQUISITION OR 1,631
construction of a main, branch, local or reinforcing pipe line 1,633
and water supply FACILITIES to be paid by assessments shall be 1,636
assessed, as an assessment district assessment, upon all the
property within said THE COUNTY SEWER district found to be 1,638
benefited in accordance with the special benefits conferred, less 1,640
such ANY part of said THE cost as shall be THAT IS paid by the 1,641
county at large FROM OTHER AVAILABLE FUNDS. State land so 1,643
benefited and any state land benefited by pavement, sidewalk, 1,644
sewage, or other improvement of value shall bear its proportion 1,645
PORTION of THE assessed costs according to its special benefit 1,647
COST.
Sec. 6103.15. The county sanitary engineer, upon the 1,656
completion of any improvement under sections 6103.02 to 6103.30, 1,657
inclusive, of the Revised Code IN ACCORDANCE WITH THIS CHAPTER, 1,658
shall prepare, OR OTHERWISE CAUSE TO BE PREPARED, and SHALL 1,660
present to the board of county commissioners, a revised 1,661
assessment, based on the tentative assessment previously ratified 1,662
by the board for such THE improvement, or, if such THE tentative 1,665
assessment has been revised by order of court, BASED on such THE 1,668
revised tentative assessment, the assessment levied on each piece 1,670
of property being modified in substantially the same proportion
as the actual cost of the work IMPROVEMENT, including incidental 1,671
costs, bears to the estimated cost on which such THE tentative 1,674
assessment was based. No notice of such THE revised assessment 1,676
shall be given unless such THE actual cost exceeds the estimated 1,677
cost. If the actual cost exceeds the estimated cost, notice 1,678
shall be given TO all property owners within the assessment 1,680
district and shall be published as provided by section 6103.06 of 1,681
the Revised Code for amendments of the tentative assessment, and 1,683
any property owners OWNER may appeal as provided for in THE case 1,685
37
of A tentative assessments ASSESSMENT. The board shall confirm 1,687
such THE revised assessment, and, when so confirmed, the same IT 1,688
shall be final and conclusive. If an appeal has been made, such 1,690
THAT confirmation shall be subject to the finding of the court. 1,691
The 1,692
THE board may, at such intervals as it deems CONSIDERS 1,696
expedient, assess MAY LEVY AN ADDITIONAL ASSESSMENT ON the lots 1,697
and parcels of land specified in said notice of assessment and 1,699
levy taxes upon the taxable property of the district so improved 1,701
ASSESSED FOR THE IMPROVEMENT, INCLUDING STATE LAND, IN ORDER to 1,702
pay the cost of the maintenance, REPAIR, and operation of any 1,704
such THE improvement, after ITS completion thereof, and no. NO 1,706
further notice shall be necessary of such maintenance, repair, or 1,707
operation THAT ADDITIONAL assessment SHALL BE NECESSARY unless 1,709
the amount thereof OF IT exceeds ten per cent of the original 1,710
cost of the construction ACQUIRING OR CONSTRUCTING THE 1,711
IMPROVEMENT. If such maintenance, repair, or operation THAT 1,712
ADDITIONAL assessment exceeds ten per cent of the original cost 1,715
of the construction ACQUIRING OR CONSTRUCTING THE IMPROVEMENT, 1,716
the method and manner of making such THAT ADDITIONAL assessment, 1,717
together with the notice thereof OF IT, shall be the same as 1,718
provided by sections 6103.02 to 6103.30, inclusive, of the 1,719
Revised Code, IN THIS CHAPTER for the original assessment. THAT 1,721
ADDITIONAL ASSESSMENT SHALL BE SUBJECT TO ANY APPLICABLE 1,722
PROVISIONS OF SECTION 6103.16 OF THE REVISED CODE, PROVIDED THAT
THE ASSESSMENT MAY BEAR INTEREST AT A RATE THAT THE BOARD 1,723
DETERMINES TO BE APPROPRIATE. 1,724
Sec. 6103.17. Whenever the legislative authority or board 1,733
of health, or the officers performing the duties of a legislative 1,734
authority or board of health, of a municipal corporation, the 1,735
board of health of a general health district, or a board of 1,736
township trustees makes complaint, in writing, to the director of 1,737
environmental protection AGENCY that unsafe water supply 1,738
conditions exist in any county, the AGENCY'S director shall 1,739
38
forthwith SHALL inquire into and investigate the conditions 1,741
complained of. If, upon investigation of such THE complaint, the 1,742
director finds that it is necessary for the public health and 1,744
welfare that any improvement mentioned in sections 6103.01 and 1,745
6103.02 of the Revised Code WATER SUPPLY FACILITIES be ACQUIRED 1,747
OR constructed, maintained, and operated for the service of TO 1,748
SERVE any territory outside of municipal corporations in any 1,750
county, the director shall notify the board of county 1,751
commissioners of such THE county of his THAT finding AND ORDER 1,753
THAT CORRECTIVE ACTION BE TAKEN. The board shall obey such THE 1,754
order and proceed, as provided in sections THIS CHAPTER AND 1,755
SECTION 6117.01, 6117.02, and 6103.02 to 6103.30 of the Revised 1,757
Code, to establish a COUNTY sewer district, IF REQUIRED, TO 1,759
provide THE necessary funds, and TO ACQUIRE OR construct such 1,760
public water supplies THE FACILITIES, or AND TO maintain, repair, 1,762
or AND operate the same FACILITIES, as are required by such THE 1,764
order and in such A manner as THAT is satisfactory to the 1,766
director. Any part OR ALL of the cost of such improvement THE 1,767
FACILITIES or OF THE maintenance AND OPERATION OF THE FACILITIES 1,768
may be assessed upon the property benefited PROPERTIES as 1,769
provided in such sections THIS CHAPTER. 1,770
Sec. 6103.20. (A) At any time after the formation of any 1,779
COUNTY sewer district, the board of county commissioners, when 1,782
deemed expedient IT CONSIDERS IT APPROPRIATE, on application by a 1,783
corporation, individual, PERSON or public institution AGENCY FOR 1,785
THE SUPPLY OF WATER TO PROPERTIES OF THAT PERSON OR PUBLIC AGENCY 1,786
LOCATED outside of any THE district, may contract with such 1,787
corporation, individual, THE PERSON or public institution AGENCY 1,788
for supplying water to their premises THOSE PROPERTIES FROM WATER 1,790
SUPPLY FACILITIES ACQUIRED OR CONSTRUCTED OR TO BE ACQUIRED OR 1,791
CONSTRUCTED BY THE COUNTY TO SERVE THE DISTRICT, on such terms as 1,793
are THAT THE BOARD CONSIDERS equitable, but the. THE amount to 1,794
be paid BY THE PERSON OR PUBLIC AGENCY TO REIMBURSE THE COUNTY 1,795
FOR COSTS OF ACQUIRING OR CONSTRUCTING THOSE FACILITIES shall not 1,796
39
be less than the original OR COMPARABLE assessment for similar 1,797
property within the district OR, IN THE ABSENCE OF AN ORIGINAL OR 1,798
COMPARABLE ASSESSMENT, AN AMOUNT THAT IS FOUND BY THE BOARD TO BE 1,799
REASONABLE AND FAIRLY REFLECTIVE OF THAT PORTION OF THE COST OF 1,800
THOSE FACILITIES ATTRIBUTABLE TO THE PROPERTIES TO BE SERVED. 1,801
Such THE board in any such case shall appropriate any moneys 1,802
received for such THAT service to and for the use and benefit of 1,803
such THE district. When the THE board deems it necessary to 1,805
contract with a corporation, individual, or public institution 1,807
outside of any district for supplying water to their premises 1,808
from water supply lines constructed or to be constructed to serve
such district, it shall so determine by resolution and may 1,810
collect said THE amount TO BE PAID BY THE PERSON OR PUBLIC AGENCY 1,811
IN FULL, in cash OR IN INSTALLMENTS AS A PART OF A CONNECTION 1,813
CHARGE TO BE COLLECTED IN ACCORDANCE WITH DIVISION (F) OF SECTION 1,814
6103.02 OF THE REVISED CODE, or, IF THE PROPERTIES TO BE SERVED 1,816
ARE LOCATED WITHIN THE COUNTY, the same AMOUNT may be assessed 1,817
against said lots or parcels of land THOSE PROPERTIES, and, IN 1,819
THAT EVENT, the manner of making such THE assessment, together 1,820
with the notice thereof OF IT, shall be the same as provided in 1,822
sections 6103.02 to 6103.30, inclusive, of the Revised Code, for 1,824
the original assessment THIS CHAPTER.
(B) Whenever a water supply line has FACILITIES HAVE been 1,827
ACQUIRED OR constructed by, AND AT THE EXPENSE OF, a corporation, 1,828
individual, PERSON or public institution at its own expense for 1,829
the purpose of supplying water to any allotment, development, 1,832
subdivision, or similar enterprise, or to any institution, AGENCY 1,833
and it is deemed expedient by the board CONSIDERS IT APPROPRIATE 1,834
to acquire said water supply line THE FACILITIES or any part 1,836
thereof OF THEM for the purpose of supplying water to territory 1,838
outside the allotment, subdivision, development, or other such 1,839
enterprise for which such line was constructed, and such 1,841
additional territory is within a COUNTY SEWER district, the 1,842
county sanitary engineer, AT THE DIRECTION OF THE BOARD, shall 1,843
40
examine it and if he THE FACILITIES. IF THE COUNTY SANITARY 1,844
ENGINEER finds the same FACILITIES properly designed and 1,846
constructed, he THE COUNTY SANITARY ENGINEER shall make an 1,847
appraisal of its present value to the district as a means of 1,849
supplying water to territory outside the allotment, subdivision, 1,850
development, or similar enterprise for which it was originally
constructed and shall certify such value THAT FACT to the board. 1,852
In such appraisal no allowance shall be made for the value of 1,853
such water supply line to the territory for the service of which 1,854
it was originally constructed. THE 1,855
The board, by resolution, may determine to purchase said 1,857
water supply line THE FACILITIES OR ANY PART OF THEM at a cost 1,860
not to exceed its present value as certified by THAT, AFTER
CONSULTATION WITH the COUNTY sanitary engineer, IT FINDS TO BE 1,862
REASONABLE. For 1,863
SUBJECT TO AND IN ACCORDANCE WITH THIS DIVISION AND 1,865
DIVISION (B) OR DIVISIONS (C), (D), AND (E) OF SECTION 6103.05 OF 1,868
THE REVISED CODE, THE BOARD MAY PURCHASE THE FACILITIES OR ANY
PART OF THEM BY NEGOTIATION. FOR the purpose of paying for the 1,869
water supply line and the maintenance thereof COST OF THEIR 1,872
ACQUISITION, the board may issue bonds or certificates of 1,873
indebtedness INCUR PUBLIC OBLIGATIONS and assess the ENTIRE cost, 1,875
OR A LESSER DESIGNATED PART OF THE COST, OF THEIR ACQUISITION 1,876
against the benefited property PROPERTIES in the same manner as 1,877
provided by law IN THIS CHAPTER for the construction of an 1,879
original water supply line OR COMPARABLE FACILITIES. 1,880
Sec. 6103.21. At any time after the formation of any 1,889
COUNTY sewer district, the board of county commissioners may 1,892
enter into a contract, upon such THE terms and for such THE 1,893
period of time as are THAT IS mutually agreed upon, with any 1,895
municipal corporation or any other county PUBLIC AGENCY to 1,896
prepare ALL necessary plans and estimates of cost and to ACQUIRE 1,898
OR construct any water supply improvement FACILITIES THAT ARE to 1,899
be used jointly by the contracting parties, and to provide for 1,900
41
the furnishing of water and for the MAINTENANCE, OPERATION, AND 1,901
joint use by such THE contracting parties of such THOSE water 1,902
supply improvement FACILITIES or the MAINTENANCE, OPERATION, AND 1,904
joint use of any suitable existing water supply or water mains 1,905
SUPPLY FACILITIES belonging to either of such THE CONTRACTING 1,906
parties. 1,907
Sec. 6103.22. All contracts under section 6103.21 of the 1,916
Revised Code shall provide for THE payment OF COMPENSATION to the 1,918
county or municipal corporation OTHER PUBLIC AGENCY owning, 1,919
ACQUIRING, OR constructing, or agreeing to ACQUIRE OR construct, 1,920
the water supply improvement FACILITIES to be jointly used of the 1,922
IN AN amount agreed upon as the other party's share of the cost 1,923
of ACQUIRING OR CONSTRUCTING the water supply improvement 1,925
FACILITIES. The contract also shall provide for payment OF 1,927
COMPENSATION to the county or municipal corporation OTHER PUBLIC 1,928
AGENCY owning, ACQUIRING, or constructing THE FACILITIES and 1,930
OPERATING AND maintaining the improvement of the THEM IN AN 1,932
amount agreed upon for AS the other party's share of the cost of 1,933
operating and maintaining the water supply improvement THEM, 1,934
including the cost of water, or, in lieu of all other OR 1,936
DIFFERING payments, an agreed price per unit for water furnished. 1,937
A county or municipal corporation OTHER PUBLIC AGENCY owning, 1,938
ACQUIRING, OR constructing, or agreeing to ACQUIRE OR construct 1,940
a, ANY water supply improvement FACILITIES and permitting the 1,941
AGREEING TO THEIR use of it by another county or municipal 1,943
corporation PUBLIC AGENCY shall retain full control and 1,944
management of the ACQUISITION, construction, maintenance, repair, 1,945
and operation of the improvement, FACILITIES, UNLESS OTHERWISE 1,946
PROVIDED IN THE CONTRACT AND except, IN THE CASE OF A COUNTY, 1,948
when conveyed to a municipal corporation as provided in this 1,949
section DIVISION (B) OF SECTION 6103.04 OF THE REVISED CODE. 1,950
A completed water supply or water-works system, as defined 1,952
in sections 6103.01 and 6103.02 of the Revised Code, for the use 1,953
of any sewer district, constructed under this chapter, and any 1,954
42
part thereof, located within any municipal corporation or within 1,955
any area that may be incorporated as a municipal corporation or 1,956
annexed to an existing municipal corporation, or that provides 1,957
water for such an area, by mutual agreement between the board of 1,958
county commissioners and the municipal corporation may be 1,959
conveyed to the municipal corporation, which shall thereafter 1,960
maintain and operate the water supply or water-works. The board
may retain the right to joint use of the water supply or 1,961
water-works for the benefit of the district. The validity of any 1,962
assessment that has been levied or may be levied thereafter to 1,963
provide means for the payment of the cost of the construction or 1,964
maintenance of the water supply or water-works or any part of it 1,965
shall not be affected by the conveyance.
Sec. 6103.23. The A county or municipal corporation OTHER 1,975
PUBLIC AGENCY contracting as provided in sections 6103.20 to 1,976
6103.21 AND 6103.22, inclusive, of the Revised Code, for the 1,978
joint use of any water supply improvement FACILITIES ACQUIRED OR 1,979
constructed, or to be ACQUIRED OR constructed, by another county 1,981
or municipal corporation PUBLIC AGENCY may provide for payment of 1,982
the agreed compensation by the levy of taxes, OR special 1,983
assessments, or FROM water rentals as now provided in RATES AND 1,986
CHARGES, IF AND TO THE EXTENT THAT THE PUBLIC AGENCY IS 1,987
AUTHORIZED BY the laws governing such county or municipal
corporation IT in the ACQUISITION, construction, maintenance, 1,989
repair, or operation of a water supply improvement FACILITIES TO 1,990
PROVIDE FOR PAYMENT OF COSTS IN RESPECT OF WHICH THE COMPENSATION 1,991
IS DUE FROM THOSE SOURCES, and may issue bonds OR INCUR PUBLIC 1,992
OBLIGATIONS as provided by such THOSE laws in anticipation of 1,993
such taxes or assessments AND PAY THE DEBT CHARGES ON THOSE 1,994
OBLIGATIONS FROM THOSE SOURCES, IF AND TO THE EXTENT SO 1,995
AUTHORIZED.
Sec. 6103.24. The A county or municipal corporation OTHER 2,005
PUBLIC AGENCY receiving the compensation provided for in section 2,007
6103.22 of the Revised Code shall credit the amount so received 2,008
43
to the proper fund to be used and applied towards FOR the 2,009
ACQUISITION, construction, or OPERATION AND maintenance, as the 2,010
case may be, of the water supply improvement and other water 2,012
works to be jointly used FACILITIES OR FOR OTHER AUTHORIZED 2,013
PURPOSES. 2,014
Sec. 6103.25. Whenever, in the opinion of the board of 2,023
county commissioners, it is necessary to procure ACQUIRE real 2,025
estate, a right of way, or an easement ANY INTEREST IN REAL 2,026
ESTATE for the ACQUISITION, construction, MAINTENANCE, or 2,027
operation of any water supply or other improvement FACILITIES 2,028
authorized by sections 6103.02 to 6103.30, inclusive, of the 2,030
Revised Code THIS CHAPTER, or TO ACQUIRE the right to ACQUIRE, 2,032
construct, maintain, and operate such water supply or other 2,033
improvement THOSE FACILITIES in and upon any property within or 2,035
without OUTSIDE OF a COUNTY sewer district, it may purchase the 2,036
same REAL ESTATE, INTEREST IN REAL ESTATE, OR RIGHT BY 2,037
NEGOTIATION. If such THE board and the owner thereof OF THE REAL 2,039
ESTATE, INTEREST IN REAL ESTATE, OR RIGHT are unable to agree 2,040
upon its purchase and sale, or the amount of damage DAMAGES to be 2,042
awarded therefor FOR IT, the board may appropriate such THE real 2,045
estate, right of way, easement INTEREST, or right, in accordance 2,047
with sections 163.01 to 163.22, inclusive, of the Revised Code, 2,049
EXCEPT THAT THE BOARD, IN THE EXERCISE OF THE POWERS GRANTED BY 2,051
THIS SECTION OR ANY OTHER SECTION OF THIS CHAPTER, MAY NOT 2,053
APPROPRIATE REAL ESTATE OR PERSONAL PROPERTY OWNED BY A MUNICIPAL
CORPORATION. The board shall perform all acts and duties 2,056
required to be performed by the mayor or legislative authority of 2,057
a municipal corporation by such laws and the passage of
equivalent resolutions and ordinances to be passed by the 2,058
legislative authority of a municipal corporation. In the 2,059
construction, maintenance, and operation of any water supply or 2,060
waterworks system, as provided in sections 6103.02 to 6103.30,
inclusive, of the Revised Code, the necessary resolutions, 2,061
waivers, and notices, provided for in such sections, may be 2,062
44
passed, made, and given at the same time, or may be included in 2,063
any similar resolution, waiver, or notice passed, made, or given 2,064
for the construction, maintenance, and operation of any sewer or 2,065
sewage disposal works in the same district.
Sec. 6103.29. No person OR PUBLIC AGENCY shall tamper with 2,074
or damage any water supply FACILITY ACQUIRED or water main 2,076
constructed BY A COUNTY under sections 6103.02 to 6103.30,
inclusive, of the Revised Code, THIS CHAPTER or any apparatus or 2,078
accessory connected therewith WITH IT or pertaining thereto. No 2,080
person shall TO IT, OR make any connection INTO OR with such THE 2,081
water supply or water main FACILITY, without THE permission of 2,082
the board of county commissioners, or make any such connection in 2,084
a manner or for a use other than as prescribed by such THE board. 2,085
No person OR PUBLIC AGENCY shall refuse to permit the inspection 2,086
by the county sanitary engineer of any such connection or 2,089
willfully cause the pollution of any water supply. No person OR 2,090
PUBLIC AGENCY shall violate sections 6103.02 to 6103.30, 2,091
inclusive, of the Revised Code ANY OTHER PROVISION OF THIS 2,092
CHAPTER. All fines collected under section 6103.99 of the 2,093
Revised Code shall be paid to the county treasurer and credited 2,094
to such THE fund as THAT the board determines TO BE MOST 2,096
APPROPRIATE AFTER CONSIDERATION OF THE NATURE AND EXTENT OF THE 2,097
PARTICULAR VIOLATIONS.
Sec. 6103.31. (A) If THE BOARD OF COUNTY COMMISSIONERS 2,106
DETERMINES BY RESOLUTION THAT the best interests of the county 2,107
and the users of a public water supply FACILITIES of the county 2,109
SERVING A SEWER DISTRICT so require, the board of county 2,110
commissioners may sell or otherwise dispose of such public water 2,111
supply THE FACILITIES to another political subdivision, PUBLIC 2,113
AGENCY OR A person, firm, or private corporation. The resolution 2,114
declaring the necessity therefor OF THAT DISPOSITION shall recite 2,115
the reason REASONS for the sale or OTHER disposition and shall 2,117
include ESTABLISH any conditions or terms of sale which THAT the 2,118
board imposes MAY IMPOSE, including the proposed, BUT NOT LIMITED 2,119
45
TO, A MINIMUM sales price, IF A SALE IS PROPOSED, A REQUIREMENT 2,120
FOR THE SUBMISSION BY BIDDERS OF the schedule of water rates and 2,122
charges INITIALLY PROPOSED to be imposed upon PAID BY THE users 2,123
of the water supply FACILITIES, and such other pertinent 2,124
CONDITIONS OR terms and provisions relating to the sale or OTHER 2,126
disposition of the water supply as the board determines. THE 2,129
RESOLUTION ALSO SHALL DESIGNATE A TIME AND PLACE FOR THE HEARING 2,130
OF OBJECTIONS TO THE SALE OR OTHER DISPOSITION BY THE BOARD. 2,131
Notice of the passage ADOPTION of the resolution AND THE TIME AND 2,132
PLACE OF THE HEARING shall be published ONCE A WEEK for two 2,135
consecutive weeks, on the same day of the week, in a newspaper of 2,136
general circulation in the sewer district and IN THE county 2,138
served by the public water supply and a. THE public hearing ON 2,140
THE SALE OR OTHER DISPOSITION SHALL BE held thereon not less than 2,141
twenty-four days following the date of first publication of the 2,144
notice of passage of the resolution. Notice of the passage of 2,146
the resolution shall A COPY OF THE NOTICE also SHALL be mailed 2,147
SENT BY FIRST CLASS OR CERTIFIED MAIL, ON OR BEFORE THE DATE OF 2,148
THE SECOND PUBLICATION, to any municipality PUBLIC AGENCY within 2,150
the water supply service area of the sewer district SERVED BY THE 2,151
FACILITIES. Five AT THE PUBLIC HEARING, OR AT ANY ADJOURNMENT OF 2,152
IT, OF WHICH NO FURTHER PUBLISHED OR MAILED NOTICE NEED BE GIVEN, 2,153
THE BOARD SHALL HEAR ALL INTERESTED PARTIES. A PERIOD OF FIVE
days shall be given following the date COMPLETION of THE hearing, 2,156
which may be adjourned from time to time, for the filing of 2,158
written objections by any interested person PERSONS OR PUBLIC 2,159
AGENCIES to the sale or OTHER disposition of the public water 2,160
supply, after which the board shall consider such ANY objections 2,162
and by resolution determine whether or not to proceed with the 2,163
sale or OTHER disposition of the public water supply. In the 2,164
event IF the board determines to proceed with the sale or OTHER 2,166
disposition of the public water supply, any interested person 2,168
whose objection has been overruled may appeal to the probate 2,169
court of the county in the manner prescribed by sections 6117.09
46
to 6117.22, inclusive, of the Revised Code. An appeal may be 2,170
taken with regard to any matter required by this section to be 2,172
incorporated in the resolution of necessity. The board of county 2,173
commissioners, in proceeding with the sale or disposition of the 2,174
water supply, IT shall receive bids and proceed in accordance 2,175
with section 6103.10 of the Revised Code for bidding, AFTER 2,176
advertising, and sale ONCE A WEEK FOR FOUR CONSECUTIVE WEEKS IN A 2,177
NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY AND, SUBJECT TO 2,178
THE RIGHT OF THE BOARD TO REJECT ANY OR ALL BIDS, MAY MAKE AN 2,179
AWARD TO A RESPONSIBLE BIDDER WHOSE PROPOSAL IS DETERMINED BY THE 2,180
BOARD TO BE IN THE BEST INTERESTS OF THE COUNTY AND THE USERS OF 2,181
THE FACILITIES.
(B) A CONVEYANCE OF WATER SUPPLY FACILITIES BY A COUNTY TO 2,183
A MUNICIPAL CORPORATION, IN ACCORDANCE WITH DIVISION (B) OF 2,184
SECTION 6103.04 OF THE REVISED CODE, MAY BE MADE WITHOUT REGARD 2,185
TO DIVISION (A) OF THIS SECTION. 2,186
Sec. 6103.40. IT IS THE INTENT OF THE GENERAL ASSEMBLY 2,188
THAT THE AMENDMENTS MADE TO THIS CHAPTER BY SUB. H.B. 549 OF THE 2,190
123rd GENERAL ASSEMBLY ARE SUBJECT TO SECTION 4 OF THAT ACT. 2,191
THIS SECTION DOES NOT AFFECT THE APPLICATION OF SECTION 3 OF THAT 2,192
ACT TO SECTIONS 1 AND 2 OF THAT ACT. 2,193
Sec. 6117.01. (A) AS USED IN THIS CHAPTER: 2,202
(1) "SANITARY FACILITIES" MEANS SANITARY SEWERS, FORCE 2,204
MAINS, LIFT OR PUMPING STATIONS, AND FACILITIES FOR THE 2,205
TREATMENT, DISPOSAL, IMPOUNDMENT, OR STORAGE OF WASTES; EQUIPMENT 2,206
AND FURNISHINGS; AND ALL REQUIRED APPURTENANCES AND NECESSARY 2,207
REAL ESTATE AND INTERESTS IN REAL ESTATE.
(2) "DRAINAGE" OR "WATERS" MEANS FLOWS FROM RAINFALL OR 2,209
OTHERWISE PRODUCED BY, OR RESULTING FROM, THE ELEMENTS, STORM 2,210
WATER DISCHARGES AND RELEASES OR MIGRATIONS OF WATERS FROM 2,211
PROPERTIES, ACCUMULATIONS, FLOWS, AND OVERFLOWS OF WATER, 2,212
INCLUDING ACCELERATED FLOWS AND RUNOFFS, FLOODING AND THREATS OF
FLOODING OF PROPERTIES AND STRUCTURES, AND OTHER SURFACE AND 2,213
SUBSURFACE DRAINAGE. 2,214
47
(3) "DRAINAGE FACILITIES" MEANS STORM SEWERS, FORCE MAINS, 2,216
PUMPING STATIONS, AND FACILITIES FOR THE TREATMENT, DISPOSAL, 2,217
IMPOUNDMENT, RETENTION, CONTROL, OR STORAGE OF WATERS; 2,218
IMPROVEMENTS OF OR FOR ANY CHANNEL, DITCH, DRAIN, FLOODWAY, OR 2,219
WATERCOURSE, INCLUDING LOCATION, CONSTRUCTION, RECONSTRUCTION, 2,220
RECONDITIONING, WIDENING, DEEPENING, CLEANING, REMOVAL OF
OBSTRUCTIONS, STRAIGHTENING, BOXING, CULVERTING, TILING, FILLING, 2,221
WALLING, ARCHING, OR CHANGE IN COURSE, LOCATION, OR TERMINUS; 2,222
IMPROVEMENTS OF OR FOR A RIVER, CREEK, OR RUN, INCLUDING 2,223
REINFORCEMENT OF BANKS, ENCLOSING, DEEPENING, WIDENING, 2,224
STRAIGHTENING, REMOVAL OF OBSTRUCTIONS, OR CHANGE IN COURSE, 2,225
LOCATION, OR TERMINUS; FACILITIES FOR THE PROTECTION OF LANDS 2,226
FROM THE OVERFLOW OF WATER, INCLUDING A LEVEE, WALL, EMBANKMENT,
JETTY, DIKE, DAM, SLUICE, REVETMENT, RESERVOIR, RETENTION OR 2,227
HOLDING BASIN, CONTROL GATE, OR BREAKWATER; FACILITIES FOR 2,228
CONTROLLED DRAINAGE, REGULATION OF STREAM FLOW, AND PROTECTION OF 2,229
AN OUTLET; THE VACATION OF A DITCH OR DRAIN; EQUIPMENT AND 2,230
FURNISHINGS; AND ALL REQUIRED APPURTENANCES AND NECESSARY REAL
ESTATE AND INTERESTS IN REAL ESTATE. 2,231
(4) "COUNTY SANITARY ENGINEER" MEANS EITHER OF THE 2,234
FOLLOWING: 2,235
(a) THE REGISTERED PROFESSIONAL ENGINEER EMPLOYED OR 2,237
APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS TO BE THE COUNTY 2,238
SANITARY ENGINEER AS PROVIDED IN SECTION 6117.01 OF THE REVISED 2,239
CODE;
(b) THE COUNTY ENGINEER, IF, FOR AS LONG AS AND TO THE 2,241
EXTENT THAT ENGINEER BY AGREEMENT ENTERED INTO UNDER SECTION 2,243
315.14 OF THE REVISED CODE IS RETAINED TO DISCHARGE DUTIES OF A 2,245
COUNTY SANITARY ENGINEER UNDER THIS CHAPTER. 2,246
(5) "CURRENT OPERATING EXPENSES," "DEBT CHARGES," 2,248
"PERMANENT IMPROVEMENT," "PUBLIC OBLIGATIONS," AND "SUBDIVISION" 2,249
HAVE THE SAME MEANINGS AS IN SECTION 133.01 OF THE REVISED CODE. 2,250
(6) "CONSTRUCT," "CONSTRUCTION," OR "CONSTRUCTING" MEANS 2,252
CONSTRUCTION, RECONSTRUCTION, ENLARGEMENT, EXTENSION, 2,253
48
IMPROVEMENT, RENOVATION, REPAIR, AND REPLACEMENT OF SANITARY OR 2,254
DRAINAGE FACILITIES, BUT DOES NOT INCLUDE ANY REPAIRS, 2,255
REPLACEMENTS, OR SIMILAR ACTIONS THAT DO NOT CONSTITUTE AND
QUALIFY AS PERMANENT IMPROVEMENTS. 2,256
(7) "MAINTAIN," "MAINTAINING," OR "MAINTENANCE" MEANS 2,258
REPAIRS, REPLACEMENTS, AND SIMILAR ACTIONS THAT CONSTITUTE AND 2,259
ARE PAYABLE AS CURRENT OPERATING EXPENSES AND THAT ARE REQUIRED 2,260
TO RESTORE SANITARY OR DRAINAGE FACILITIES TO, OR TO CONTINUE 2,261
SANITARY OR DRAINAGE FACILITIES IN, GOOD ORDER AND WORKING 2,262
CONDITION, BUT DOES NOT INCLUDE CONSTRUCTION OF PERMANENT
IMPROVEMENTS. 2,263
(8) "PUBLIC AGENCY" MEANS A STATE AND ANY AGENCY OR 2,265
SUBDIVISION OF A STATE, INCLUDING A COUNTY, A MUNICIPAL 2,266
CORPORATION, OR OTHER SUBDIVISION.
(B) For the purpose of preserving and promoting the public 2,269
health and welfare, boards A BOARD of county commissioners may by 2,271
resolution lay out, establish, CONSOLIDATE, OR OTHERWISE MODIFY
THE BOUNDARIES OF, and maintain, one or more sewer districts 2,273
within their respective counties, THE COUNTY AND outside of 2,274
municipal corporations, and may have a registered professional 2,275
engineer make such THE surveys as are necessary for the 2,276
determination of the proper boundaries of such EACH district. 2,278
Each district, WHICH shall be designated by an appropriate name 2,280
or number. Any THE board may acquire, construct, maintain, and 2,281
operate such main, branch, intercepting, or local sewer, or 2,282
ditch, channel, or interceptor for the temporary retention of 2,283
storm water, within any such district, and such outlet sewer and 2,284
sewage treatment or disposal works within or without such 2,285
district, as are necessary to care for and conduct the sewage or 2,286
surface water from any part of such district to a proper outlet, 2,287
so as to properly treat or dispose of same. Any such SANITARY OR 2,289
DRAINAGE FACILITIES THAT IT DETERMINES TO BE NECESSARY OR
APPROPRIATE FOR THE COLLECTION OF SEWAGE AND OTHER WASTES 2,290
ORIGINATING IN OR ENTERING THE DISTRICT, TO COMPLY WITH THE 2,291
49
PROVISIONS OF A CONTRACT ENTERED INTO FOR THE PURPOSES DESCRIBED 2,293
IN SECTIONS 6117.41 TO 6117.44 OF THE REVISED CODE AND PURSUANT
TO THOSE SECTIONS OR OTHER APPLICABLE PROVISIONS OF LAW, OR FOR 2,294
THE COLLECTION, CONTROL, OR ABATEMENT OF WATERS ORIGINATING OR 2,295
ACCUMULATING IN, OR FLOWING IN, INTO, OR THROUGH, THE DISTRICT, 2,296
AND OTHER SANITARY OR DRAINAGE FACILITIES, WITHIN OR OUTSIDE OF 2,297
THE DISTRICT, THAT IT DETERMINES TO BE NECESSARY OR APPROPRIATE 2,298
TO CONDUCT THE WASTES AND WATERS TO A PROPER OUTLET AND TO
PROVIDE FOR THEIR PROPER TREATMENT, DISPOSAL, AND DISPOSITION. 2,299
THE BOARD MAY PROVIDE FOR THE PROTECTION OF THE SANITARY AND 2,300
DRAINAGE FACILITIES AND MAY NEGOTIATE AND ENTER INTO A CONTRACT 2,301
WITH ANY PUBLIC AGENCY OR PERSON FOR THE MANAGEMENT, MAINTENANCE, 2,302
OPERATION, AND REPAIR OF ANY OF THE FACILITIES ON BEHALF OF THE
COUNTY UPON THE TERMS AND CONDITIONS THAT MAY BE AGREED UPON WITH 2,303
THE AGENCY OR PERSON AND THAT MAY BE DETERMINED BY THE BOARD TO 2,305
BE IN THE BEST INTERESTS OF THE COUNTY. BY CONTRACT WITH ANY 2,306
PUBLIC AGENCY OR PERSON OPERATING SANITARY OR DRAINAGE FACILITIES 2,308
WITHIN OR OUTSIDE OF THE COUNTY, THE BOARD MAY PROVIDE A PROPER 2,309
OUTLET FOR ANY OF THE WASTES AND WATERS AND FOR THEIR PROPER 2,310
TREATMENT, DISPOSAL, AND DISPOSITION. 2,311
(C) THE board OF COUNTY COMMISSIONERS may employ a 2,314
registered professional engineer TO BE THE COUNTY SANITARY 2,315
ENGINEER for such THE time and on such THE terms as it deems 2,317
CONSIDERS best, and may authorize such registered professional 2,318
THE COUNTY SANITARY engineer to employ necessary assistants upon 2,321
such THE terms as are fixed by said THE board. The PRIOR TO THE 2,323
INITIAL ASSIGNMENT OF DRAINAGE FACILITIES DUTIES TO THE COUNTY 2,324
SANITARY ENGINEER, IF THE COUNTY SANITARY ENGINEER IS NOT THE
COUNTY ENGINEER, THE BOARD FIRST SHALL OFFER TO ENTER INTO AN 2,325
AGREEMENT WITH THE COUNTY ENGINEER PURSUANT TO SECTION 315.14 OF 2,326
THE REVISED CODE FOR ASSISTANCE IN THE PERFORMANCE OF THOSE 2,327
DUTIES OF THE BOARD PERTAINING TO DRAINAGE FACILITIES, AND THE 2,329
COUNTY ENGINEER SHALL ACCEPT OR REJECT THE OFFER WITHIN THIRTY 2,330
DAYS AFTER THE DATE THE OFFER IS MADE. 2,331
50
THE board may create and maintain a sanitary engineering 2,333
department, to WHICH SHALL be under its supervision and in charge 2,335
of a registered professional WHICH SHALL BE HEADED BY THE COUNTY 2,336
SANITARY engineer, to be appointed by such board, for the purpose 2,338
of aiding it in the performance of its duties under sections 2,339
6117.01 to 6117.45 THIS CHAPTER AND CHAPTER 6103. of the Revised 2,340
Code, or its other duties regarding sanitation, DRAINAGE, AND 2,341
WATER SUPPLY provided by law. Said THE board shall provide 2,343
suitable rooms FACILITIES for the use of such THE department and 2,345
shall provide for and pay the compensation of such registered 2,347
professional THE COUNTY SANITARY engineer and all AUTHORIZED 2,348
necessary expenses of such registered professional THE COUNTY 2,350
SANITARY engineer and THE SANITARY ENGINEERING department which 2,351
are authorized by such board. Any such registered professional 2,353
THE COUNTY SANITARY engineer in charge of such department, with 2,354
the approval of the board, may appoint necessary assistants and 2,356
clerks, and the compensation of any such THOSE assistants and 2,357
clerks shall be fixed PROVIDED FOR and paid by such THE board. 2,359
The
(D) THE board OF COUNTY COMMISSIONERS may adopt, publish, 2,362
administer, and enforce rules for the construction, maintenance, 2,363
protection, and use of sewers COUNTY-OWNED OR COUNTY-OPERATED 2,364
SANITARY and sewer improvements in its county DRAINAGE FACILITIES 2,365
outside of municipal corporations, and of sewers SANITARY and 2,367
sewer improvements DRAINAGE FACILITIES within municipal 2,369
corporations in its county wherever such sewers THAT are 2,371
constructed OWNED or operated by such board THE COUNTY or THAT 2,372
discharge into sewers or sewage treatment plants constructed 2,373
SANITARY OR DRAINAGE FACILITIES OWNED or operated by such board 2,375
THE COUNTY, including, BUT NOT LIMITED TO, RULES FOR the 2,376
establishment and use of ANY connections, THE TERMINATION IN 2,377
ACCORDANCE WITH REASONABLE PROCEDURES OF SANITARY SERVICE FOR THE 2,378
NONPAYMENT OF COUNTY SANITARY RATES AND CHARGES AND, IF SO
DETERMINED, THE CONCURRENT TERMINATION OF ANY COUNTY WATER 2,379
51
SERVICE FOR THE NONPAYMENT OF THOSE RATES AND CHARGES, THE 2,380
TERMINATION IN ACCORDANCE WITH REASONABLE PROCEDURES OF DRAINAGE 2,381
SERVICE FOR THE NONPAYMENT OF COUNTY DRAINAGE RATES AND CHARGES, 2,382
AND THE ESTABLISHMENT AND USE OF SECURITY DEPOSITS TO THE EXTENT
CONSIDERED NECESSARY TO ENSURE THE PAYMENT OF COUNTY SANITARY OR 2,383
DRAINAGE RATES AND CHARGES. Such THE rules shall not be 2,386
inconsistent with the laws of this state or the ANY APPLICABLE 2,387
rules of the director of environmental protection. No sewers or 2,389
sewage treatment works
(E) NO SANITARY OR DRAINAGE FACILITIES shall be 2,391
constructed in any county outside of municipal corporations by 2,393
any person, firm, or corporation until the plans and 2,394
specifications for the same have been approved by the board OF 2,395
COUNTY COMMISSIONERS, and any such construction shall be done 2,397
under the supervision of the county sanitary engineer. NOT LESS
THAN THIRTY DAYS BEFORE THE DATE DRAINAGE PLANS ARE SUBMITTED TO 2,399
THE BOARD FOR ITS APPROVAL, THE PLANS SHALL BE SUBMITTED TO THE 2,400
COUNTY ENGINEER. IF THE COUNTY ENGINEER IS OF THE OPINION AFTER 2,401
REVIEW THAT THE FACILITIES WILL HAVE A SIGNIFICANT ADVERSE EFFECT
ON ROADS, CULVERTS, BRIDGES, OR EXISTING MAINTENANCE WITHIN THE 2,402
COUNTY, THE COUNTY ENGINEER MAY SUBMIT A WRITTEN OPINION TO THE 2,403
BOARD NOT LATER THAN THIRTY DAYS AFTER THE DATE THE PLANS ARE 2,404
SUBMITTED TO THE COUNTY ENGINEER. THE BOARD MAY TAKE ACTION 2,405
RELATIVE TO THE DRAINAGE PLANS ONLY AFTER THE EARLIEST OF 2,406
RECEIVING THE WRITTEN OPINION OF THE COUNTY ENGINEER, RECEIVING A 2,407
WRITTEN WAIVER OF SUBMISSION OF AN OPINION FROM THE COUNTY 2,408
ENGINEER, OR PASSAGE OF THIRTY DAYS FROM THE DATE THE PLANS ARE 2,409
SUBMITTED TO THE COUNTY ENGINEER. Any person, firm, or 2,411
corporation proposing or constructing such improvements THE 2,412
FACILITIES shall pay to the county all expenses incurred by the 2,413
board in connection therewith WITH THE CONSTRUCTION. The 2,414
(F) THE county sanitary engineer OR THE COUNTY SANITARY 2,416
ENGINEER'S AUTHORIZED ASSISTANTS OR AGENTS, WHEN PROPERLY 2,417
IDENTIFIED IN WRITING OR OTHERWISE AND AFTER WRITTEN NOTICE IS 2,418
52
DELIVERED TO THE OWNER AT LEAST FIVE DAYS IN ADVANCE OR IS MAILED 2,419
AT LEAST FIVE DAYS IN ADVANCE BY FIRST CLASS OR CERTIFIED MAIL TO 2,420
THE OWNER'S TAX MAILING ADDRESS, may enter upon any public or 2,421
private property for the purpose of making, AND MAY MAKE, surveys 2,422
or examinations INSPECTIONS necessary for the laying out of sewer 2,424
districts or designing sewers or treatment works, and may make 2,425
such surveys and examinations THE DESIGN OR EVALUATION OF COUNTY
SANITARY OR DRAINAGE FACILITIES. THIS ENTRY IS NOT A TRESPASS 2,426
AND IS NOT TO BE CONSIDERED AN ENTRY IN CONNECTION WITH ANY 2,427
APPROPRIATION OF PROPERTY PROCEEDINGS UNDER SECTIONS 163.01 TO 2,428
163.22 OF THE REVISED CODE THAT MAY BE PENDING. No person, firm, 2,429
or corporation PUBLIC AGENCY shall forbid or interfere with the 2,431
county sanitary engineer or his THE COUNTY SANITARY ENGINEER'S 2,432
authorized assistants entering OR AGENTS TO ENTER, OR INTERFERE 2,434
WITH THEIR ENTRY, upon such THE property for such THAT purpose or 2,436
FORBID OR INTERFERE WITH THEIR making such OF surveys or 2,437
examinations INSPECTIONS. If actual damage is done to property 2,438
by the making of such THE surveys and examinations INSPECTIONS, 2,440
the board shall pay the reasonable value of such THE damage to 2,442
the PROPERTY owner of the property damaged, and such THE cost 2,443
shall be included in the assessment upon the property benefited 2,444
by the improvement for which such surveys and examinations are 2,445
made COST OF THE FACILITIES AND MAY BE INCLUDED IN ANY SPECIAL 2,446
ASSESSMENTS TO BE LEVIED AND COLLECTED TO PAY THAT COST. 2,448
Sec. 6117.011. Boards A BOARD of county commissioners IN 2,457
THE MANNER PROVIDED IN THIS SECTION may make surveys of water 2,459
works or sewerage systems SUPPLY, SANITARY, OR DRAINAGE
FACILITIES for any sewer district, the ACQUISITION OR 2,460
construction, improvement, enlargement, or repair of which is 2,461
contemplated, and they may proceed in the manner provided in this 2,463
section.
Any board desiring to make such a survey shall adopt a 2,465
resolution declaring the ITS purpose and necessity therefor. In 2,467
making such THE surveys, such THE board may call upon engineering 2,469
53
officers or employees regularly employed by the board, or may 2,470
authorize and enter into contracts for the services of registered 2,472
professional engineers to make such THE surveys.
The surveys authorized by this section may include 2,474
drawings, plans, specifications, estimates of cost of labor and 2,475
materials, and other items of cost, assessment rolls, and such 2,476
other facts, material, data, reports, and other information and 2,478
recommendations as THAT the board deems CONSIDERS advisable or 2,480
necessary for the planning and construction of the improvement 2,481
proposed or the enlargement, improvement, replacement, or repair 2,482
of an existing improvement PURPOSE. 2,483
Agreements CONTRACTS entered into for such THE surveys 2,486
shall be deemed CONSIDERED contracts for professional services 2,487
and may provide for preliminary surveys or the making of detailed 2,488
plans, or both, and may also MAY provide for engineer- 2,489
ENGINEERING supervision of the work. No such contract shall be 2,491
valid unless one or more of the services to be performed 2,492
thereunder are by its terms to be commenced within one year after 2,493
the contract date.
Such THE contracts shall be executed in triplicate and 2,495
shall be signed by AT LEAST TWO MEMBERS OF the board and by the 2,497
engineer agreeing to perform such THE service, and one SIGNED 2,499
copy thereof OF THE CONTRACT shall be filed with the fiscal 2,500
officer of the county, whose certificate as provided in, 2,501
OTHERWISE REQUIRED BY section 5705.41 of the Revised Code shall, 2,503
NEED not be required PROVIDED. Payment therefor FOR THE 2,505
CONTRACTS may be made from the general fund or any other fund 2,506
legally available for such THAT use at such THE times as THAT are 2,508
agreed upon or as determined by the board, and, where bonds or 2,509
notes are sold. THE PROCEEDS OF ANY PUBLIC OBLIGATIONS ISSUED 2,510
PURSUANT TO SECTION 6119.36 OF THE REVISED CODE OR ANY OTHER 2,511
PUBLIC OBLIGATIONS ISSUED OR INCURRED to pay the cost of work 2,512
FACILITIES to which such A survey related, such funds RELATES may 2,514
be used to pay any part of the consideration COST under such 2,516
54
contract THE CONTRACTS or to reimburse the fund from which
payment was made. 2,518
Sec. 6117.02. (A) The board of county commissioners shall 2,527
fix reasonable rates to be charged, INCLUDING PENALTIES FOR LATE 2,529
PAYMENTS, for the use, OR THE AVAILABILITY FOR USE, of the sewers 2,530
or sewerage treatment or disposal works referred to in section 2,531
6117.01 of the Revised Code SANITARY FACILITIES OF A SEWER 2,532
DISTRICT TO BE PAID by every person, firm, or corporation AND 2,533
PUBLIC AGENCY whose premises are served, OR CAPABLE OF BEING 2,535
SERVED, by a connection DIRECTLY OR INDIRECTLY to such sewers or 2,537
sewerage treatment or disposal works THOSE FACILITIES when such 2,538
sewers or sewerage treatment or disposal works THOSE FACILITIES 2,540
are owned or operated by the county, and may change such THE 2,542
rates FROM TIME TO TIME as it deems CONSIDERS advisable. Such 2,543
rates shall be at least sufficient to pay all the cost of 2,544
operation and maintenance of improvements for which the 2,545
resolution declaring the necessity thereof shall be passed after 2,546
July 1, 1958 and may include, upon billing, additional amounts 2,547
attributable to connection charges being paid in installments. 2,548
When the sewerage treatment or disposal works is SANITARY 2,549
FACILITIES TO BE USED BY THE COUNTY ARE owned by a municipal 2,550
corporation ANOTHER PUBLIC AGENCY or any person, firm, or private 2,552
corporation the schedule of rates to be charged by such municipal 2,554
corporation, THE PUBLIC AGENCY OR person, firm, or private 2,556
corporation for the use of such THE facilities BY THE COUNTY, OR 2,557
THE FORMULA OR OTHER PROCEDURE FOR THEIR DETERMINATION, shall be 2,558
ratified APPROVED by the board at the time any IT ENTERS INTO A 2,560
contract is entered into for such THAT use. The 2,561
(B) THE board shall also SHALL establish reasonable 2,564
charges to be collected for the privilege of connecting to the 2,565
sewers or sewerage treatment of disposal works SANITARY 2,566
FACILITIES of the district, with the requirement that, prior to 2,569
such THE connection, such THE charges shall either be paid in 2,571
full, or, if determined BY THE BOARD to be equitable by the board 2,573
55
in its A resolution providing for RELATING TO the payment of such 2,574
THE charges, provision deemed CONSIDERED adequate by the board 2,575
shall be made for THEIR payment in installments at such THE times 2,577
and, in such THE amounts, and with such THE security, carrying 2,580
charges, or AND penalties as may be found by the board in such 2,582
THAT resolution to be fair and appropriate, and no. NO PUBLIC 2,584
AGENCY OR person shall be permitted to connect to the sewers or 2,585
sewerage treatment or disposal works of the district THOSE 2,586
FACILITIES until such THE charges have been paid in full, or 2,588
until such provision for THEIR payment in installments has been 2,590
made. If THE connection charges are to be paid in installments, 2,591
the board shall certify to the county auditor information 2,592
sufficient to identify each parcel of property served by the A 2,593
connection AND, WITH RESPECT TO EACH PARCEL, the total of the 2,594
charges to be paid in installments, the amount of each 2,595
installment, and the total number of installments to be paid. 2,596
The auditor shall record AND MAINTAIN the information supplied in 2,597
the sewer improvement record PROVIDED FOR IN SECTION 6117.33 OF 2,598
THE REVISED CODE until the connection charges are paid in full. 2,600
When THE BOARD MAY INCLUDE AMOUNTS ATTRIBUTABLE TO CONNECTION 2,601
CHARGES BEING PAID IN INSTALLMENTS IN ITS BILLINGS OF RATES AND 2,602
CHARGES FOR THE USE OF SANITARY FACILITIES.
(C) WHEN any rents OF THE SANITARY RATES or charges are 2,605
not paid when due, the board shall certify the same MAY DO ANY OR 2,606
ALL OF THE FOLLOWING AS IT CONSIDERS APPROPRIATE:
(1) CERTIFY THE UNPAID RATES OR CHARGES, together with any 2,609
penalties, to the county auditor, who shall place them upon the 2,610
real property tax list and duplicate against the property served 2,611
by such THE connection. Such rents and charges THE CERTIFIED 2,612
AMOUNT shall be a lien on such THE property from the date the 2,613
same are placed upon ON the real property tax list and duplicate 2,615
by the auditor and shall be collected in the same manner as other 2,617
taxes, EXCEPT THAT, NOTWITHSTANDING SECTION 323.15 OF THE REVISED 2,619
CODE, A COUNTY TREASURER SHALL ACCEPT A PAYMENT IN THAT AMOUNT 2,620
56
WHEN SEPARATELY TENDERED AS PAYMENT FOR THE FULL AMOUNT OF THE
UNPAID SANITARY RATES OR CHARGES AND ASSOCIATED PENALTIES. THE 2,621
LIEN SHALL BE RELEASED IMMEDIATELY UPON PAYMENT IN FULL OF THE 2,622
CERTIFIED AMOUNT.
(2) COLLECT THE UNPAID RATES OR CHARGES, TOGETHER WITH ANY 2,624
PENALTIES, BY ACTIONS AT LAW IN THE NAME OF THE COUNTY FROM AN 2,625
OWNER, TENANT, OR OTHER PERSON OR PUBLIC AGENCY THAT IS LIABLE 2,626
FOR THE PAYMENT OF THE RATES OR CHARGES; 2,627
(3) TERMINATE, IN ACCORDANCE WITH ESTABLISHED RULES, THE 2,629
SANITARY SERVICE TO THE PARTICULAR PROPERTY AND, IF SO 2,630
DETERMINED, ANY COUNTY WATER SERVICE TO THAT PROPERTY, UNLESS AND 2,631
UNTIL THE UNPAID SANITARY RATES OR CHARGES, TOGETHER WITH ANY 2,632
PENALTIES, ARE PAID IN FULL;
(4) APPLY, TO THE EXTENT REQUIRED, ANY SECURITY DEPOSIT 2,634
MADE IN ACCORDANCE WITH ESTABLISHED RULES TO THE PAYMENT OF 2,635
SANITARY RATES AND CHARGES FOR SERVICE TO THE PARTICULAR 2,636
PROPERTY. All
ALL moneys collected as rents for use of such sewers or 2,639
sewerage treatment or disposal works or as connection SANITARY 2,640
RATES, charges in, OR PENALTIES FIXED OR ESTABLISHED IN 2,641
ACCORDANCE WITH DIVISIONS (A) AND (B) OF THIS SECTION FOR any 2,642
sewer district shall be paid to the county treasurer and kept in 2,643
a separate and distinct SANITARY fund ESTABLISHED BY THE BOARD to 2,644
the credit of such THE district. Except as otherwise provided in 2,647
any resolution PROCEEDINGS authorizing or providing for the 2,649
security FOR and payment of any bonds outstanding on July 1, 2,650
1958, or thereafter issued PUBLIC OBLIGATIONS, or in any
indenture or trust OR OTHER agreement securing such bonds PUBLIC 2,652
OBLIGATIONS, such MONEYS IN THE SANITARY fund shall be used 2,654
APPLIED first for TO the payment of the cost of the management, 2,655
maintenance, and operation of the sewers of the district and 2,657
sewerage treatment or disposal works SANITARY FACILITIES OF, OR 2,658
used by OR OPERATED FOR, the district, which cost may include THE 2,661
COUNTY'S SHARE OF MANAGEMENT, MAINTENANCE, AND OPERATION COSTS
57
UNDER COOPERATIVE CONTRACTS FOR THE ACQUISITION, CONSTRUCTION, OR 2,662
USE OF SANITARY FACILITIES AND, in accordance with a cost 2,663
allocation plan adopted under division (B)(E) of this section, 2,665
payment of all allowable direct and indirect costs of the 2,667
district, the COUNTY sanitary engineer or sanitary engineering 2,669
department, or a federal or state grant program, incurred for the 2,670
SANITARY purposes of UNDER this chapter;, and shall be used 2,671
APPLIED second for TO the payment of interest or principal of 2,672
DEBT CHARGES PAYABLE ON any outstanding debt PUBLIC OBLIGATIONS 2,674
ISSUED OR incurred for the ACQUISITION OR construction of such 2,675
sewers or sewerage treatment or disposal works SANITARY 2,676
FACILITIES FOR OR SERVING THE DISTRICT, or for the creation 2,677
FUNDING of a sinking BOND RETIREMENT OR OTHER fund ESTABLISHED 2,678
for the payment of such debt OR SECURITY FOR THE OBLIGATIONS. 2,679
Any surplus thereafter remaining in such fund may be used for 2,681
APPLIED TO the enlargement, extension or replacement ACQUISITION 2,683
OR CONSTRUCTION of such sewers and sewerage treatment or disposal 2,685
works THOSE FACILITIES OR FOR THE PAYMENT OF CONTRIBUTIONS TO BE 2,686
MADE, OR COSTS INCURRED, FOR THE ACQUISITION OR CONSTRUCTION OF 2,687
THOSE FACILITIES UNDER COOPERATIVE CONTRACTS. Money so collected 2,688
MONEYS IN THE SANITARY FUND shall not be expended otherwise OTHER 2,689
than for the use and benefit of such THE district. No provision 2,691
of this section shall limit or restrict the power and discretion 2,692
of the board to determine how much of the cost of such 2,693
improvements shall be borne by the county at large and how much 2,694
shall be specially assessed upon benefited properties, nor the 2,695
power to issue notes and bonds for the share to be borne by the 2,696
county and in anticipation of the levy or collection of special 2,697
assessments for the share to be specially assessed, nor the power 2,698
of the board to levy special assessments upon benefited
properties for operation and maintenance whenever the rents and 2,699
other funds available are not sufficient to pay all the cost 2,700
thereof. 2,701
(B)(D) THE BOARD MAY FIX REASONABLE RATES AND CHARGES, 2,703
58
INCLUDING CONNECTION CHARGES AND PENALTIES FOR LATE PAYMENTS, TO 2,704
BE PAID BY ANY PERSON OR PUBLIC AGENCY OWNING OR HAVING 2,705
POSSESSION OR CONTROL OF ANY PROPERTIES THAT ARE CONNECTED WITH, 2,706
CAPABLE OF BEING SERVED BY, OR OTHERWISE SERVED DIRECTLY OR 2,707
INDIRECTLY BY, DRAINAGE FACILITIES OWNED OR OPERATED BY OR UNDER 2,708
THE JURISDICTION OF THE COUNTY, INCLUDING, BUT NOT LIMITED TO, 2,709
PROPERTIES REQUIRING, OR LYING WITHIN AN AREA OF THE DISTRICT 2,710
REQUIRING, IN THE JUDGMENT OF THE BOARD, THE COLLECTION, CONTROL, 2,712
OR ABATEMENT OF WATERS ORIGINATING OR ACCUMULATING IN, OR FLOWING
IN, INTO, OR THROUGH, THE DISTRICT, AND MAY CHANGE THOSE RATES 2,713
AND CHARGES FROM TIME TO TIME AS IT CONSIDERS ADVISABLE. THE 2,714
RATES AND CHARGES SHALL BE PAYABLE PERIODICALLY AS DETERMINED BY 2,715
THE BOARD, EXCEPT THAT ANY CONNECTION CHARGES SHALL BE PAID IN 2,716
FULL IN ONE PAYMENT, OR, IF DETERMINED BY THE BOARD TO BE 2,717
EQUITABLE IN A RESOLUTION RELATING TO THE PAYMENT OF THOSE
CHARGES, PROVISION CONSIDERED ADEQUATE BY THE BOARD SHALL BE MADE 2,718
FOR THEIR PAYMENT IN INSTALLMENTS AT THE TIMES, IN THE AMOUNTS, 2,719
AND WITH THE SECURITY, CARRYING CHARGES, AND PENALTIES AS MAY BE 2,720
FOUND BY THE BOARD IN THAT RESOLUTION TO BE FAIR AND APPROPRIATE. 2,721
THE BOARD MAY INCLUDE AMOUNTS ATTRIBUTABLE TO CONNECTION CHARGES 2,722
BEING PAID IN INSTALLMENTS IN ITS BILLINGS OF RATES AND CHARGES 2,723
FOR THE SERVICES PROVIDED BY THE DRAINAGE FACILITIES.
WHEN ANY OF THE DRAINAGE RATES OR CHARGES ARE NOT PAID WHEN 2,725
DUE, THE BOARD MAY DO ANY OR ALL OF THE FOLLOWING AS IT CONSIDERS 2,726
APPROPRIATE:
(1) CERTIFY THE UNPAID RATES OR CHARGES, TOGETHER WITH ANY 2,728
PENALTIES, TO THE COUNTY AUDITOR, WHO SHALL PLACE THEM UPON THE 2,729
REAL PROPERTY TAX LIST AND DUPLICATE AGAINST THE PROPERTY TO 2,730
WHICH THE RATES OR CHARGES APPLY. THE CERTIFIED AMOUNT SHALL BE 2,731
A LIEN ON THE PROPERTY FROM THE DATE PLACED ON THE REAL PROPERTY 2,732
TAX LIST AND DUPLICATE AND SHALL BE COLLECTED IN THE SAME MANNER
AS TAXES, EXCEPT THAT NOTWITHSTANDING SECTION 323.15 OF THE 2,733
REVISED CODE, A COUNTY TREASURER SHALL ACCEPT A PAYMENT IN THAT 2,734
AMOUNT WHEN SEPARATELY TENDERED AS PAYMENT FOR THE FULL AMOUNT OF 2,735
59
THE UNPAID DRAINAGE RATES OR CHARGES AND ASSOCIATED PENALTIES. 2,736
THE LIEN SHALL BE RELEASED IMMEDIATELY UPON PAYMENT IN FULL OF 2,737
THE CERTIFIED AMOUNT.
(2) COLLECT THE UNPAID RATES OR CHARGES, TOGETHER WITH ANY 2,739
PENALTIES, BY ACTIONS AT LAW IN THE NAME OF THE COUNTY FROM AN 2,740
OWNER, TENANT, OR OTHER PERSON OR PUBLIC AGENCY THAT IS LIABLE 2,741
FOR THE PAYMENT OF THE RATES OR CHARGES; 2,742
(3) TERMINATE, IN ACCORDANCE WITH ESTABLISHED RULES, THE 2,744
DRAINAGE SERVICE FOR THE PARTICULAR PROPERTY UNTIL THE UNPAID 2,745
RATES OR CHARGES, TOGETHER WITH ANY PENALTIES, ARE PAID IN FULL; 2,746
(4) APPLY, TO THE EXTENT REQUIRED, ANY SECURITY DEPOSIT 2,748
MADE IN ACCORDANCE WITH ESTABLISHED RULES TO THE PAYMENT OF 2,749
DRAINAGE RATES AND CHARGES APPLICABLE TO THE PARTICULAR PROPERTY. 2,750
ALL MONEYS COLLECTED AS DRAINAGE RATES, CHARGES, OR 2,752
PENALTIES IN OR FOR ANY SEWER DISTRICT SHALL BE PAID TO THE 2,753
COUNTY TREASURER AND KEPT IN A SEPARATE AND DISTINCT DRAINAGE 2,754
FUND ESTABLISHED BY THE BOARD TO THE CREDIT OF THE DISTRICT. 2,755
EXCEPT AS OTHERWISE PROVIDED IN ANY PROCEEDINGS AUTHORIZING OR
PROVIDING FOR THE SECURITY FOR AND PAYMENT OF ANY PUBLIC 2,756
OBLIGATIONS, OR IN ANY INDENTURE OR TRUST OR OTHER AGREEMENT 2,757
SECURING PUBLIC OBLIGATIONS, MONEYS IN THE DRAINAGE FUND SHALL BE 2,758
APPLIED FIRST TO THE PAYMENT OF THE COST OF THE MANAGEMENT, 2,759
MAINTENANCE, AND OPERATION OF THE DRAINAGE FACILITIES OF, OR USED
OR OPERATED FOR, THE DISTRICT, WHICH COST MAY INCLUDE THE 2,760
COUNTY'S SHARE OF MANAGEMENT, MAINTENANCE, AND OPERATION COSTS 2,761
UNDER COOPERATIVE CONTRACTS FOR THE ACQUISITION, CONSTRUCTION, OR 2,762
USE OF DRAINAGE FACILITIES AND, IN ACCORDANCE WITH A COST 2,763
ALLOCATION PLAN ADOPTED UNDER DIVISION (E) OF THIS SECTION, 2,764
PAYMENT OF ALL ALLOWABLE DIRECT AND INDIRECT COSTS OF THE
DISTRICT, THE COUNTY SANITARY ENGINEER OR SANITARY ENGINEERING 2,765
DEPARTMENT, OR A FEDERAL OR STATE GRANT PROGRAM, INCURRED FOR 2,766
DRAINAGE PURPOSES UNDER THIS CHAPTER, AND SHALL BE APPLIED SECOND 2,767
TO THE PAYMENT OF DEBT CHARGES PAYABLE ON ANY OUTSTANDING PUBLIC 2,768
OBLIGATIONS ISSUED OR INCURRED FOR THE ACQUISITION OR
60
CONSTRUCTION OF DRAINAGE FACILITIES FOR OR SERVING THE DISTRICT, 2,769
OR FOR THE FUNDING OF A BOND RETIREMENT OR OTHER FUND ESTABLISHED 2,770
FOR THE PAYMENT OF OR SECURITY FOR THE OBLIGATIONS. ANY SURPLUS 2,771
REMAINING MAY BE APPLIED TO THE ACQUISITION OR CONSTRUCTION OF 2,772
THOSE FACILITIES OR FOR THE PAYMENT OF CONTRIBUTIONS TO BE MADE, 2,773
OR COSTS INCURRED, FOR THE ACQUISITION OR CONSTRUCTION OF THOSE 2,774
FACILITIES UNDER COOPERATIVE CONTRACTS. MONEYS IN THE DRAINAGE 2,775
FUND SHALL NOT BE EXPENDED OTHER THAN FOR THE USE AND BENEFIT OF
THE DISTRICT. 2,776
(E) A board of county commissioners may adopt a cost 2,778
allocation plan that identifies, accumulates, and distributes 2,779
allowable direct and indirect costs that may be paid from EACH OF 2,780
the fund FUNDS of the district created in division (A) PURSUANT 2,782
TO DIVISIONS (C) AND (D) of this section, and THAT prescribes 2,784
methods for allocating those costs. The plan shall authorize 2,785
payment from the fund for EACH OF THOSE FUNDS OF only those costs 2,786
incurred by the district, the COUNTY sanitary engineer or 2,787
sanitary engineering department, or a federal or state grant 2,788
program, and those costs incurred by the general and other funds 2,789
of the county for a common or joint purpose, that are necessary 2,790
and reasonable for the proper and efficient administration of the 2,791
district under this chapter AND PROPERLY ATTRIBUTABLE TO THE 2,792
PARTICULAR FUND OF THE DISTRICT. The plan shall not authorize 2,793
payment from EITHER OF the fund FUNDS of any general government 2,795
expense required to carry out the overall governmental 2,796
responsibilities of a county. The plan shall conform to United 2,797
States office of management and budget Circular A-87, "Cost 2,798
Principles for State and, Local, AND INDIAN TRIBAL Governments," 2,799
published January 15 MAY 17, 1983 1995. 2,801
Sec. 6117.04. The authority of the A board of county 2,810
commissioners to provide sewer improvements and to ACQUIRE, 2,811
CONSTRUCT, maintain, and operate the same within SANITARY OR 2,813
DRAINAGE FACILITIES FOR A COUNTY sewer districts which include a 2,815
part or all of DISTRICT IN the territory within one or more OF A 2,817
61
municipal corporations CORPORATION, OR A REGIONAL DISTRICT 2,818
ESTABLISHED UNDER CHAPTER 6119. OF THE REVISED CODE, THAT IS IN 2,819
WHOLE OR IN PART WITHIN THE COUNTY SEWER DISTRICT is the same as 2,821
provided by law WITH RESPECT TO TERRITORY within districts A 2,822
COUNTY SEWER DISTRICT THAT IS wholly outside of A municipal 2,825
corporations, including the levying of assessments. Such 2,826
authority shall be limited to main works only, and does not
include CORPORATION OR A REGIONAL DISTRICT, SUBJECT TO THE 2,827
FOLLOWING IN THE CASE OF FACILITIES WITHIN A MUNICIPAL 2,828
CORPORATION:
(A) THE ACQUISITION, construction and, maintenance, AND 2,831
OPERATION of lateral sewers for local service within such THE 2,833
FACILITIES SHALL FIRST BE AUTHORIZED BY AN ORDINANCE OR 2,834
RESOLUTION OF THE LEGISLATIVE AUTHORITY OF THE municipal
corporation. All 2,835
(B) ALL road surfaces, curbs, sidewalks, sewers, water 2,838
pipes SUPPLY FACILITIES, or other public IMPROVEMENTS OR property 2,839
THAT MAY BE disturbed or damaged by such THE construction OF THE 2,840
FACILITIES shall be REPLACED OR restored to their original 2,842
condition within a reasonable time by the board COUNTY, and the 2,844
cost thereof shall be TREATED AS a part of the cost of such 2,845
improvement. After such main works are constructed, such THE 2,846
FACILITIES. 2,847
(C) THE municipal corporation, WITH THE PRIOR APPROVAL OF 2,850
OR BY AGREEMENT WITH THE BOARD, may MAKE use OF the same as an 2,851
outlet for branch and local sewers constructed by it for the 2,853
service and use only of that part of the municipal corporation 2,854
which lies within the area assessed or to be assessed for the 2,855
cost of such main works, subject to such FACILITIES IN ACCORDANCE 2,856
WITH rules and regulations as are established by the board and 2,859
subject to all ANY APPLICABLE requirements of the director of 2,860
environmental protection. 2,861
At any time after a district is established comprising or 2,863
including a part or all of the territory within any municipal 2,864
62
corporation, its legislative authority may by ordinance or 2,865
resolution authorize the board to proceed with the construction 2,866
or the maintenance, repair, and operation of any sewer 2,867
improvement for local service within such municipal corporation. 2,868
After such authority has been granted, the board may proceed with 2,869
the construction or the maintenance and operation of said 2,870
improvements in the same manner as provided by law for 2,871
improvements in districts wholly outside of municipal 2,872
corporations, under the same restrictions as provided in this 2,873
section for main works. 2,874
Sec. 6117.05. (A) Whenever any portion of a sewer 2,883
district is incorporated as, or annexed to, a municipal 2,884
corporation, the area so incorporated or annexed shall remain 2,885
under the jurisdiction of the board of county commissioners for 2,886
sewerage purposes, OF THE ACQUISITION AND CONSTRUCTION OF 2,887
SANITARY AND DRAINAGE FACILITY IMPROVEMENTS until all sewerage OF 2,888
THOSE improvements for said THE area for which detailed plans 2,890
have been prepared and the A resolution declaring the necessity 2,891
thereof DESCRIBED IN DIVISION (A) OR (E) OF SECTION 6117.06 OF 2,892
THE REVISED CODE has been adopted by the board have been ACQUIRED 2,895
OR completed, or until the board has abandoned such projects THE 2,897
IMPROVEMENTS. Such THE BOARD, UNLESS AND UNTIL A CONVEYANCE IS 2,898
MADE TO A MUNICIPAL CORPORATION IN ACCORDANCE WITH DIVISION (B) 2,899
OF THIS SECTION, SHALL CONTINUE TO HAVE JURISDICTION IN THE AREA 2,900
SO INCORPORATED OR ANNEXED WITH RESPECT TO THE MANAGEMENT,
MAINTENANCE, AND OPERATION OF ALL SANITARY AND DRAINAGE 2,902
FACILITIES SO ACQUIRED OR COMPLETED, OR PREVIOUSLY ACQUIRED OR 2,903
COMPLETED, INCLUDING THE RIGHT TO ESTABLISH RULES AND RATES AND 2,904
CHARGES FOR THE USE OF, AND CONNECTIONS TO, THE FACILITIES. THE
incorporation or annexation of any part of a district shall not 2,906
interfere with or render illegal any issue of bonds or 2,907
certificate of indebtedness made AFFECT THE LEGALITY OR
ENFORCEABILITY OF ANY PUBLIC OBLIGATIONS ISSUED OR INCURRED by 2,908
the board COUNTY FOR PURPOSES OF THIS CHAPTER to provide for the 2,910
63
payment of the cost of ACQUISITION, construction and, 2,912
maintenance, OR OPERATION of any sewer improvement SANITARY OR 2,913
DRAINAGE FACILITIES within such THE area, or with THE VALIDITY OF 2,914
any assessments levied or to be levied upon the property 2,915
PROPERTIES within such THE area to provide for the payment of the 2,917
cost of ACQUISITION, construction and, maintenance, OR OPERATION 2,919
OF THE FACILITIES.
(B) ANY COMPLETED SANITARY OR DRAINAGE FACILITIES ACQUIRED 2,921
OR CONSTRUCTED BY A COUNTY UNDER THIS CHAPTER FOR THE USE OF ANY 2,922
COUNTY SEWER DISTRICT, OR ANY PART OF THOSE FACILITIES, THAT ARE 2,923
LOCATED WITHIN A MUNICIPAL CORPORATION OR WITHIN ANY AREA THAT IS 2,924
INCORPORATED AS, OR ANNEXED TO, A MUNICIPAL CORPORATION, OR ANY 2,925
PART OF THE FACILITIES THAT SERVE A MUNICIPAL CORPORATION OR SUCH 2,926
AN AREA, MAY BE CONVEYED, BY MUTUAL AGREEMENT BETWEEN THE BOARD 2,927
AND THE MUNICIPAL CORPORATION, TO THE MUNICIPAL CORPORATION ON
TERMS AND FOR CONSIDERATION AS MAY BE NEGOTIATED. UPON AND AFTER 2,929
THE CONVEYANCE, THE MUNICIPAL CORPORATION SHALL MANAGE, MAINTAIN, 2,930
AND OPERATE THE FACILITIES IN ACCORDANCE WITH THE AGREEMENT. THE 2,932
BOARD MAY RETAIN THE RIGHT TO JOINT USE OF ALL OR PART OF ANY 2,933
FACILITIES SO CONVEYED FOR THE BENEFIT OF THE DISTRICT. NEITHER
THE VALIDITY OF ANY ASSESSMENT LEVIED OR TO BE LEVIED, NOR THE 2,934
LEGALITY OR ENFORCEABILITY OF ANY PUBLIC OBLIGATIONS ISSUED OR 2,935
INCURRED, TO PROVIDE FOR THE PAYMENT OF THE COST OF THE 2,936
ACQUISITION, CONSTRUCTION, MAINTENANCE, OR OPERATION OF THE 2,937
FACILITIES OR ANY PART OF THEM, SHALL BE AFFECTED BY THE
CONVEYANCE. 2,938
Sec. 6117.06. (A) After the establishment of any sewer 2,947
district, the board of county commissioners shall, IF A SANITARY 2,949
OR DRAINAGE FACILITY IMPROVEMENT IS TO BE UNDERTAKEN, MAY have 2,950
prepared by the county sanitary engineer PREPARE, OR OTHERWISE 2,952
CAUSE TO BE PREPARED, FOR THE DISTRICT, OR REVISE AS NEEDED, a 2,954
general plan of sewerage and sewage disposal for such district, 2,955
OR DRAINAGE THAT IS as complete IN EACH CASE as can be made 2,956
DEVELOPED at that THE time AND THAT IS DEVISED WITH REGARD TO ANY 2,957
64
EXISTING SANITARY OR DRAINAGE FACILITIES IN THE DISTRICT AND 2,958
PRESENT AS WELL AS PROSPECTIVE NEEDS FOR ADDITIONAL SANITARY OR 2,959
DRAINAGE FACILITIES IN THE DISTRICT. After such THE general 2,960
plan, IN ORIGINAL OR REVISED FORM, has been approved by the 2,961
board, it shall MAY ADOPT A RESOLUTION GENERALLY DESCRIBING THE 2,962
IMPROVEMENT THAT IS NECESSARY TO BE ACQUIRED OR CONSTRUCTED IN 2,964
ACCORDANCE WITH THE PARTICULAR PLAN, DECLARING THAT THE 2,965
IMPROVEMENT IS NECESSARY FOR THE PRESERVATION AND PROMOTION OF 2,966
THE PUBLIC HEALTH AND WELFARE, AND DETERMINING WHETHER OR NOT
SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED TO PAY ANY 2,967
PART OF THE COST OF THE IMPROVEMENT. 2,968
(B) IF SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED AND 2,970
COLLECTED TO PAY ANY PART OF THE COST OF THE IMPROVEMENT, THE 2,971
BOARD, IN THE RESOLUTION PROVIDED FOR IN DIVISION (A) OF THIS 2,972
SECTION OR IN A SUBSEQUENT RESOLUTION, INCLUDING A RESOLUTION 2,973
AUTHORIZING THE ISSUANCE OR INCURRENCE OF PUBLIC OBLIGATIONS FOR 2,974
THE IMPROVEMENT, MAY AUTHORIZE THE IMPROVEMENT AND THE
EXPENDITURE OF THE FUNDS REQUIRED FOR ITS ACQUISITION OR 2,975
CONSTRUCTION AND MAY PROCEED WITH THE IMPROVEMENT WITHOUT REGARD 2,976
TO THE PROCEDURES OTHERWISE REQUIRED BY DIVISIONS (C), (D), AND 2,977
(E) OF THIS SECTION AND BY SECTIONS 6117.07 TO 6117.24 OF THE 2,978
REVISED CODE. THOSE PROCEDURES ARE REQUIRED ONLY FOR 2,979
IMPROVEMENTS FOR WHICH SPECIAL ASSESSMENTS ARE TO BE LEVIED AND 2,980
COLLECTED.
(C) IF SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED 2,982
PURSUANT TO A DETERMINATION MADE IN THE RESOLUTION PROVIDED FOR 2,983
IN DIVISION (A) OF THIS SECTION OR IN A SUBSEQUENT RESOLUTION, 2,984
THE PROCEDURES REFERRED TO IN DIVISION (B) OF THIS SECTION AS 2,985
BEING REQUIRED FOR THAT PURPOSE SHALL APPLY, AND THE BOARD MAY 2,986
have prepared by the COUNTY sanitary engineer PREPARE, OR 2,988
OTHERWISE CAUSE TO BE PREPARED, detailed plans, specifications, 2,989
and estimates AN ESTIMATE of cost of such parts of FOR the 2,990
improvement as it is necessary to then construct, together with a 2,991
tentative assessment of the cost based on such THE estimate. 2,992
65
Such THE tentative assessment shall be for the information of 2,994
property owners, and shall not be LEVIED OR certified to the 2,995
county auditor for collection. Such THE detailed plans, 2,997
specifications, estimates ESTIMATE of cost, and tentative 2,999
assessment, so prepared by the sanitary engineer and IF approved 3,001
by the board, shall be carefully preserved in the office of the 3,002
board or the COUNTY sanitary engineer and shall be open to THE 3,003
inspection of all persons interested in such THE improvement. 3,004
(B)(D) After THE BOARD'S approval of the detailed plans, 3,007
specifications, estimates ESTIMATE of cost, and tentative 3,008
assessment, and at least twenty-four days before adopting a 3,010
resolution as required by PURSUANT TO division (C)(E) of this 3,012
section, the board, EXCEPT TO THE EXTENT THAT APPROPRIATE WAIVERS 3,013
OF NOTICE ARE OBTAINED FROM AFFECTED OWNERS, shall send CAUSE TO 3,014
BE SENT a notice of its intent to consider or adopt a THE 3,016
resolution to each owner of property PROPOSED TO BE ASSESSED that 3,018
is listed on the records of the county auditor for current 3,020
agricultural use value taxation pursuant to section 5713.31 of 3,021
the Revised Code and that is not located in an agricultural 3,022
district established under section 929.02 of the Revised Code. 3,023
The notice shall SATISFY ALL OF THE FOLLOWING:
(1) Be sent by first class or certified mail; 3,025
(2) Specify the proposed date of the adoption of the 3,027
resolution; 3,028
(3) Contain a statement that the project IMPROVEMENT will 3,030
be financed in whole or in part by special assessments and that 3,032
all owners of property PROPERTIES not located in an agricultural 3,033
district established pursuant to section 929.02 of the Revised 3,035
Code may be subject to a special assessment; and 3,036
(4) Contain a statement that an agricultural district may 3,038
be established by filing an application with the county auditor. 3,039
If it appears, by the return of the mailed notices or by 3,041
other means, that one or more of the AFFECTED owners of property 3,043
cannot be found or are not served by the mailed notice, the board 3,044
66
shall publish CAUSE the notice TO BE PUBLISHED ONCE in a 3,045
newspaper of general circulation within IN the county not later 3,047
than ten days before the adoption of the resolution. 3,048
(C)(E) After complying with divisions (A), (C), and (B)(D) 3,051
of this section, the board shall MAY adopt a resolution declaring 3,052
that such THE improvement, describing the same WHICH SHALL BE 3,054
DESCRIBED AS TO ITS NATURE and the ITS location, route, and 3,055
termini thereof, is necessary for the preservation and promotion 3,056
of THE public health and welfare, referring to the plans, 3,057
specifications, estimates ESTIMATE of cost, and tentative 3,058
assessments ASSESSMENT, stating the place where they are on file 3,060
and may be examined, and what part of PROVIDING THAT the ENTIRE 3,061
cost OR A LESSER DESIGNATED PART OF THE COST will be paid by the 3,062
county at large and what part will be specially assessed against 3,064
the benefited property PROPERTIES within the district AND THAT 3,065
ANY BALANCE WILL BE PAID BY THE COUNTY AT LARGE FROM OTHER 3,066
AVAILABLE FUNDS. Such THE resolution shall also SHALL contain a 3,068
description of the boundaries of that part of the district to be 3,069
assessed, and may include the estimated cost of maintaining the 3,070
improvement for one year. The resolution shall designate a time 3,071
and place, to be fixed by the board, when and where FOR
objections to the improvement, to the tentative assessment, or to 3,072
the boundaries of the assessment district will TO be heard by the 3,074
board. The date of such THAT hearing shall be not less than 3,075
twenty-four days after the date of the first publication of the 3,076
notice OF THE HEARING required by this section DIVISION. The 3,078
THE board shall publish CAUSE a notice of the hearing TO BE 3,082
PUBLISHED once a week for two consecutive weeks in a newspaper of 3,084
general circulation within IN the county, and on or before the 3,085
date of the second publication, IT shall send CAUSE TO BE SENT by 3,086
ordinary first class or certified mail a copy of the notice to 3,087
every owner of property to be assessed for such THE improvement 3,088
whose address is known. The 3,090
THE notice shall set forth the time and place of such THE 3,092
67
hearing, a summary description of the proposed improvement, 3,093
including its general route and termini, a summary description of 3,094
the area to be assessed CONSTITUTING THE ASSESSMENT DISTRICT, and 3,096
the place where the plans, specifications, estimates ESTIMATE of 3,097
cost, and tentative assessments ASSESSMENT are on file and may be 3,099
examined. The EACH MAILED notice shall also SHALL include a 3,100
statement that the property of the addressee will be assessed for 3,101
such THE improvement. THE NOTICE ALSO 3,102
Notice of such hearing shall be mailed SENT BY FIRST CLASS 3,104
OR CERTIFIED MAIL, ON OR BEFORE THE DATE OF THE SECOND 3,105
PUBLICATION, to the clerk, OR TO THE OFFICIAL DISCHARGING THE 3,106
DUTIES OF A CLERK, of any municipal corporation any part of which 3,108
lies within the assessment district AND SHALL STATE WHETHER OR 3,109
NOT ANY PROPERTY BELONGING TO THE MUNICIPAL CORPORATION IS TO BE 3,110
ASSESSED AND, IF SO, SHALL IDENTIFY THAT PROPERTY. 3,111
A AT THE hearing shall be granted by, OR AT ANY ADJOURNMENT 3,114
OF THE HEARING, OF WHICH NO FURTHER PUBLISHED OR MAILED NOTICE
NEED BE GIVEN, the board to SHALL HEAR all parties interested at 3,116
the time and place fixed by such resolution and notice WHOSE 3,117
PROPERTIES ARE PROPOSED TO BE ASSESSED. Written objections to or 3,118
indorsements ENDORSEMENTS of the proposed improvement or the, ITS 3,119
character and termini thereof, the boundaries of the assessment 3,121
district, or the tentative assessment shall be received by the 3,122
board for a period of five days after the COMPLETION OF THE 3,123
hearing. No, AND NO action shall be taken by the board in the 3,125
matter until after such THAT period has elapsed. The minutes of 3,126
the hearing shall be entered on the journal of the board, showing 3,128
the persons who appear in person or by attorney. All, AND ALL 3,129
written objections shall be preserved and filed in the office of 3,131
the board.
Sec. 6117.08. After the passage ADOPTION of the A 3,140
resolution to proceed with an improvement as provided for in 3,142
section 6117.07 of the Revised Code, no further action THE 3,143
CONSTRUCTION OF THE IMPROVEMENT shall be taken or work done in 3,144
68
connection therewith DEFERRED until ten days have elapsed. If, 3,146
at the expiration of such THAT period, no appeal has been 3,147
effected by any property owner, as provided in sections 6117.09 3,149
to 6117.24, inclusive, of the Revised Code, the action of the 3,150
board OF COUNTY COMMISSIONERS shall be final, and the board may 3,152
proceed to issue and sell bonds or certificates of indebtedness 3,153
INCUR PUBLIC OBLIGATIONS and to construct such THE improvement. 3,154
If, at the end of THAT ten days, any owner of property to be 3,156
assessed or taxed for the improvement has effected such AN 3,157
appeal, then said work THE CONSTRUCTION OF THE IMPROVEMENT shall 3,159
not be proceeded with DEFERRED until the matters appealed from 3,160
have been disposed of in court. 3,161
Sec. 6117.23. The final judgment of the probate court may 3,170
be reviewed on appeal as in other cases. If AN appeal is 3,171
prosecuted from the judgment of the probate court as to the 3,172
question of necessity of the improvement, no action shall be 3,173
taken by the board of county commissioners in proceeding with THE 3,174
CONSTRUCTION OF the improvement SHALL BE DEFERRED until such THE 3,176
appeal is finally disposed of. If an appeal is prosecuted from 3,177
the judgment of the court as to the inclusion of any property in 3,178
the assessment district or as to the apportionment of the 3,179
tentative assessment, the board OF COUNTY COMMISSIONERS may 3,180
proceed with the CONSTRUCTION OF THE improvement in accordance 3,181
with the transcript of the probate court and shall thereafter 3,183
SHALL adjust such THOSE matters TO THE EXTENT NECESSARY in 3,184
accordance with the THEIR final adjudication in regard thereto. 3,186
Sec. 6117.251. (A) After the establishment of any COUNTY 3,195
sewer district, the board of county commissioners may determine 3,197
by resolution that it is necessary to provide sewer and sewage 3,198
disposal SANITARY OR DRAINAGE FACILITY improvements and to 3,200
maintain and operate the same IMPROVEMENTS within the sewer 3,202
district or a designated portion thereof and OF THE DISTRICT, 3,203
that such sewer and sewage disposal THE improvements, WHICH SHALL 3,204
BE generally described in such THE resolution, shall be 3,206
69
constructed, THAT FUNDS ARE REQUIRED TO PAY THE PRELIMINARY COSTS 3,207
OF THE IMPROVEMENTS TO BE INCURRED PRIOR TO THE COMMENCEMENT OF 3,208
THE PROCEEDINGS FOR THEIR CONSTRUCTION, AND THAT THOSE FUNDS 3,209
SHALL BE PROVIDED IN ACCORDANCE WITH THIS SECTION.
(B) Prior to the adoption of such THE resolution, the 3,211
board of county commissioners shall give notice of the ITS 3,213
pendency thereof and of the proposed determination of the 3,215
necessity of the improvements therein generally described, which 3,216
IN THE RESOLUTION. THE notice shall set forth a description of 3,218
the properties to be benefited by the improvements and the time 3,219
and place of A hearing of objections to and endorsements of the 3,221
improvements. Such THE notice shall be given EITHER by 3,222
publication in a newspaper of general circulation IN THE COUNTY 3,223
once a week for two consecutive weeks, OR BY MAILING A COPY OF 3,225
THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO THE OWNERS OF THE 3,226
PROPERTIES PROPOSED TO BE ASSESSED AT THEIR RESPECTIVE TAX 3,227
MAILING ADDRESSES, OR BY BOTH MANNERS, the first publication to 3,228
be MADE OR THE MAILING TO OCCUR at least two weeks prior to the 3,230
date set for the hearing. At such THE hearing, or at any 3,231
adjournment thereof OF THE HEARING, of which no further published 3,233
OR MAILED notice need be given, the board of county commissioners 3,234
shall hear all persons whose properties are proposed to be 3,235
assessed, and such THE evidence as is deemed IT CONSIDERS to be 3,236
necessary, and shall. THE BOARD then SHALL determine the 3,238
necessity of the proposed improvement, IMPROVEMENTS and in 3,239
addition shall determine whether such THE improvements shall be 3,241
made by the board of county commissioners and, IF THEY ARE TO BE 3,242
MADE, shall direct the preparation of tentative assessments upon 3,244
the benefited properties and by whom they shall be prepared. 3,245
Thereupon in (C) IN order to obtain funds for the 3,247
preparation of a general OR REVISED GENERAL plan of sewers or 3,249
sewers and sewage disposal works SEWERAGE OR DRAINAGE for such 3,251
THE district or part thereof and OF THE DISTRICT, FOR THE 3,252
PREPARATION OF the detailed plans, specifications, estimates 3,253
70
ESTIMATE of cost, preparation of the AND tentative assessment FOR 3,255
THE PROPOSED IMPROVEMENTS, and FOR the cost of financing and 3,256
legal services incident to the preparation of all of such THOSE 3,257
plans and a plan of financing the proposed improvement 3,259
IMPROVEMENTS, the board of county commissioners may levy upon the 3,261
property PROPERTIES to be benefited in such THE district a 3,262
preliminary assessment apportioned according to benefits or to 3,263
tax valuation or partly by one method and partly by the other, 3,264
METHOD as the board of county commissioners may determine. Such 3,266
THE assessments shall be in the amount determined to be necessary 3,268
to obtain funds for such THE general and detailed plans and such 3,269
costs THE COST of financing and legal services and shall be 3,271
payable in such THE number of years as THAT the board of county 3,272
commissioners shall determine, not to exceed twenty years, 3,274
together with interest on any notes which PUBLIC OBLIGATIONS THAT 3,275
may be issued OR INCURRED in anticipation of the collection of 3,277
such THE assessments.
(D) The board of county commissioners shall have power at 3,279
any time to levy additional assessments according to benefits or 3,281
to tax valuation or partly by one method and partly by the other, 3,282
METHOD as the board of county commissioners may determine for 3,284
such THE purposes DESCRIBED IN DIVISION (C) OF THIS SECTION upon 3,286
such THE BENEFITED properties to complete the payment of such THE 3,288
costs DESCRIBED IN DIVISION (C) OF THIS SECTION or to pay the 3,289
cost of any additional plans, specifications, estimates ESTIMATE 3,291
of cost, OR tentative assessments ASSESSMENT and the cost of 3,293
financing and legal services incident to the preparation of such 3,294
THOSE plans and such THE plan of financing, which additional 3,295
assessments shall be payable in such THE number of years as THAT 3,297
the legislative authority BOARD shall determine, not to exceed 3,298
twenty years, together with interest on any notes and bonds which 3,300
PUBLIC OBLIGATIONS THAT may be issued OR INCURRED in anticipation 3,302
of the collection thereof OF THE ADDITIONAL ASSESSMENTS. 3,303
(E) Prior to the adoption of the A resolution levying such 3,306
71
assessments UNDER THIS SECTION, the board shall give at least ten 3,307
days' notice EITHER BY ONE PUBLICATION in one A newspaper of 3,309
general circulation in the county which shall state, OR BY
MAILING A COPY OF THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO 3,310
THE OWNERS OF THE PROPERTIES PROPOSED TO BE ASSESSED AT THEIR 3,311
RESPECTIVE TAX MAILING ADDRESSES, OR BY BOTH MANNERS, THE 3,312
PUBLICATION TO BE MADE OR THE MAILING TO OCCUR AT LEAST TEN DAYS 3,313
PRIOR TO the time and place when and where such DATE OF THE 3,315
MEETING AT WHICH THE resolution shall be taken up for 3,316
consideration; THAT NOTICE SHALL STATE THE TIME AND PLACE OF THE 3,317
MEETING AT WHICH THE RESOLUTION IS TO BE CONSIDERED. At such THE 3,319
time and place OF THE MEETING, or at any adjournment thereof OF 3,320
THE MEETING, of which no further published OR MAILED notice need 3,321
be given, the board shall hear all persons whose properties are 3,322
proposed to be assessed, shall correct any errors and make any 3,323
revisions that appear to be necessary or just, and may then pass 3,324
MAY ADOPT a resolution levying upon the properties determined to 3,326
be benefited such THE assessments as so corrected and revised. 3,327
The assessments levied by such THE resolution shall be 3,329
certified to the county auditor for collection IN THE SAME MANNER 3,331
as other taxes in the year or years in which they are payable. 3,333
(F) Upon the adoption of such THE resolution DESCRIBED IN 3,336
DIVISION (E) OF THIS SECTION, no further action shall be taken or 3,338
work done until ten days have elapsed. If, at the expiration of 3,339
such THAT period, no appeal has been effected by any property 3,341
owner as herein provided IN THIS DIVISION, the action of the 3,342
board shall be final. If, at the end of THAT ten days, any owner 3,343
of property to be assessed for the improvement IMPROVEMENTS has 3,345
effected such an appeal then, no further action shall be taken 3,347
and no work done in connection with such THE improvements under 3,348
said THE resolution until the matters appealed from have been 3,350
disposed of in court.
Any owner of property to be assessed may appeal as provided 3,352
and upon the grounds stated in sections 6117.09 to 6117.24, 3,353
72
inclusive, of the Revised Code. 3,354
If no appeal has been perfected or if on appeal the 3,356
resolution of award of county commissioners THE BOARD is 3,357
sustained, the board of county commissioners may authorize AND 3,359
ENTER INTO contracts to carry out the purposes for which such THE 3,361
assessments have been levied without the prior issuance of notes, 3,363
provided that the payments due by the board of county 3,364
commissioners UNDER THOSE CONTRACTS do not fall due prior to the 3,365
time in BY which such THE assessments shall ARE TO be collected. 3,367
The board of county commissioners shall also have power to MAY 3,368
issue and sell its bonds with a maximum maturity of twenty years 3,370
in anticipation of the collection of such THE assessments and may 3,371
issue its notes in anticipation of the issuance of such THE 3,373
bonds, which notes and bonds, AS PUBLIC OBLIGATIONS, shall be 3,374
issued and sold as provided in Chapter 133. of the Revised Code. 3,376
Sec. 6117.28. Whenever the owners of all the lots and 3,385
lands to be benefited by, and to be assessed for, any sewer 3,386
SANITARY OR DRAINAGE FACILITY improvement or sewage treatment 3,388
works, provided for in sections 6117.01 to 6117.45, inclusive, of 3,389
the Revised Code THIS CHAPTER, by petition in writing, request 3,391
the board of county commissioners to provide for the ACQUISITION
OR construction, maintenance, and operation of any such 3,393
improvements THE IMPROVEMENT, describing the improvements desired 3,395
IMPROVEMENT and the lots and lands owned by them respectively to 3,396
be assessed to pay the cost and OF ACQUISITION OR CONSTRUCTION, 3,397
maintenance, AND OPERATION of such improvements, THE IMPROVEMENT 3,399
and consenting that their said lots and lands may be assessed to 3,400
pay the cost of such improvements THE ACQUISITION OR CONSTRUCTION 3,401
OF THE IMPROVEMENT and of ITS maintenance and operation as 3,402
provided in such sections THIS CHAPTER, and waive notice and the 3,403
publication of all resolutions and legal notices provided for in 3,405
such sections OTHERWISE REQUIRED, the board shall MAY HAVE THE 3,408
COUNTY SANITARY ENGINEER prepare, OR OTHERWISE CAUSE TO BE 3,409
PREPARED, the necessary plans, specifications, and estimates 3,411
73
ESTIMATE of cost of THE ACQUISITION OR construction, maintenance, 3,412
and operation thereof, OF THE IMPROVEMENT and a tentative 3,413
assessment. When all the owners of the lots and lands to be 3,415
benefited by and assessed for the proposed improvements state, in 3,416
writing, that they have examined the estimated ESTIMATE OF cost 3,417
and tentative assessment as made by the county sanitary engineer, 3,420
that they have no objection thereto OBJECTIONS TO THEM, and that, 3,422
in case bonds are sold PROPOSED TO BE ISSUED prior to the 3,424
ACQUISITION OR construction of the improvements IMPROVEMENT, they 3,426
waive their right of OR option to pay the assessments in cash, 3,428
then the board shall MAY proceed, as provided in such sections, 3,430
THIS CHAPTER to cause such improvements THE IMPROVEMENT to be 3,431
ACQUIRED OR constructed and TO CAUSE provision to be made for the 3,433
payment of the cost of ITS ACQUISITION OR construction, 3,435
maintenance, and operation in accordance with such sections, 3,436
except that none of the notices or publications OTHERWISE 3,437
required by law need be made nor any GIVEN AND NO opportunity 3,438
NEED be given PROVIDED for THE filing of objections to the 3,440
improvement, ITS CHARACTER AND TERMINI, THE BOUNDARIES OF THE 3,441
ASSESSMENT DISTRICT, or to the TENTATIVE assessment or, if bonds 3,443
have been sold ARE ISSUED PRIOR TO THE ACQUISITION OR 3,444
CONSTRUCTION OF THE IMPROVEMENT, for paying the assessments in 3,445
cash. The board shall forthwith MAY proceed to authorize and 3,447
issue bonds or certificates INCUR PUBLIC OBLIGATIONS IN THE 3,449
REQUIRED AMOUNT, COMPLETE THE ACQUISITION OR CONSTRUCTION of 3,450
indebtedness THE IMPROVEMENT, and levy and collect the 3,451
assessments authorized in sections 6117.01 to 6117.40, inclusive, 3,453
of the Revised Code BY THIS CHAPTER. No person, firm, or 3,454
corporation may PUBLIC AGENCY SHALL HAVE THE RIGHT TO appeal from 3,455
any decision or action of the board in the matter except refusal 3,458
by the board to proceed with such THE improvement. The 3,459
THE tentative assessment provided for in this section shall 3,462
be for the information of property owners and shall not be LEVIED 3,463
OR certified to the county auditor for collection. On completion 3,465
74
of the work IMPROVEMENT, the ITS cost thereof shall be 3,466
determined, including incidental expense as defined in sections 3,468
6117.01 to 6117.40, inclusive, of the Revised Code, and a revised 3,470
assessment shall be prepared by the COUNTY sanitary engineer 3,471
SHALL PREPARE, OR OTHERWISE CAUSE TO BE PREPARED, A REVISED 3,472
ASSESSMENT based on such THE actual cost and in substantially the 3,474
same proportion as the tentative assessment. The board shall 3,476
confirm such AND LEVY THE revised assessment and certify the same 3,478
IT to the COUNTY auditor for collection. 3,479
Sec. 6117.29. The cost of any improvement provided for in 3,488
sections 6117.01 to 6117.40, inclusive, of the Revised Code, THIS 3,489
CHAPTER and the cost of the ITS maintenance and operation thereof 3,491
shall include, in addition to the cost of ITS ACQUISITION OR 3,493
construction, the cost of engineering, necessary publications, 3,494
inspection, interest on certificates of indebtedness or on bonds 3,495
PUBLIC OBLIGATIONS, and all other items of cost incident to such 3,497
THE improvement AS DESCRIBED IN DIVISION (B) OF SECTION 133.15 OF 3,498
THE REVISED CODE. The county may pay FROM AVAILABLE COUNTY FUNDS 3,499
any part of the cost of such THE improvement and ANY PART of the 3,500
COST OF ITS maintenance and operation thereof if the board of 3,502
county commissioners deems such CONSIDERS THE payment TO BE just. 3,503
Sec. 6117.30. The cost and expense of the ACQUISITION OR 3,512
construction of a main, branch or intercepting sewer or sewerage 3,514
treatment or disposal works SANITARY OR DRAINAGE FACILITIES to be 3,515
paid by assessment ASSESSMENTS shall be assessed, as an 3,516
assessment district assessment, upon all the property within such 3,518
THE COUNTY SEWER district found to be benefited in accordance 3,519
with the special benefits conferred, less such ANY part of said 3,520
THE cost as THAT is paid by the county at large, and state lands 3,522
FROM OTHER AVAILABLE FUNDS. STATE LAND so benefited shall bear 3,524
its proportion PORTION of THE assessed cost according to special 3,525
benefit. 3,526
Sec. 6117.32. The county sanitary engineer, upon the 3,535
completion of any improvement under sections 6117.01 to 6117.45, 3,536
75
inclusive, of the Revised Code IN ACCORDANCE WITH THIS CHAPTER, 3,537
shall prepare, OR OTHERWISE CAUSE TO BE PREPARED, and SHALL 3,539
present to the board of county commissioners a revised 3,540
assessment, based on the tentative assessment previously ratified 3,541
by the board for such THE improvement, or, if such THE tentative 3,543
assessment has been revised by order of court, BASED on such THE 3,545
revised tentative assessment, the assessment levied on each piece 3,547
of property being modified in substantially the same proportion 3,548
as the actual cost of the work IMPROVEMENT, including incidental 3,549
costs provided for in sections 6117.01 to 6117.40, inclusive, of 3,551
the Revised Code, bears to the estimated cost on which such THE 3,552
tentative assessment was based. No notice of such THE revised 3,554
assessment shall be given unless such THE actual cost exceed 3,556
EXCEEDS the estimated cost. If the actual cost exceeds the 3,557
estimated cost, notice shall be given TO all property owners 3,558
within the assessment district and shall be published as provided 3,559
BY SECTION 6117.07 OF THE REVISED CODE for amendments of the
tentative assessment. Any, AND ANY property owner may appeal as 3,561
provided for in THE case of A tentative assessments ASSESSMENT. 3,563
The board shall confirm such THE revised assessment, and, when so 3,565
confirmed, the same is IT SHALL BE final AND CONCLUSIVE. If an 3,568
appeal has been made, as provided in this section, such THAT 3,569
confirmation shall be subject to the finding of the court. The 3,570
THE board may, at such intervals as it deems CONSIDERS 3,574
expedient, assess MAY LEVY AN ADDITIONAL ASSESSMENT ON the lots 3,576
and parcels of land specified in said notice of assessment and 3,577
levy taxes upon the taxable property of the district so improved 3,578
ASSESSED FOR THE IMPROVEMENT, INCLUDING STATE LAND, IN ORDER to 3,579
pay the cost of the maintenance, REPAIR, and operation of any 3,581
such THE improvement, including disposal of sewage, after ITS 3,582
completion thereof, and for the purpose of keeping clean and in 3,583
repair ditches, drains and water-courses serving such 3,584
improvements. No FURTHER notice shall be necessary of such 3,586
maintenance, repair, or operation THAT ADDITIONAL assessment 3,587
76
SHALL BE NECESSARY unless the amount thereof OF IT exceeds ten 3,589
per cent of the original cost of the construction ACQUIRING OR 3,590
CONSTRUCTING THE IMPROVEMENT. If such maintenance, repair, and 3,591
operation THAT ADDITIONAL assessment exceeds ten per cent of the 3,593
original cost of the construction ACQUIRING OR CONSTRUCTING THE 3,594
IMPROVEMENT, the METHOD AND manner of making said THAT ADDITIONAL 3,595
assessment, together with the notice thereof OF IT, shall be the 3,597
same as provided in sections 6117.01 to 6117.45, inclusive, of 3,599
the Revised Code, THIS CHAPTER for the original assessment. THAT 3,600
ADDITIONAL ASSESSMENT SHALL BE SUBJECT TO ANY APPLICABLE 3,601
PROVISIONS OF SECTION 6117.33 OF THE REVISED CODE, PROVIDED THAT
THE ASSESSMENT MAY BEAR INTEREST AT A RATE AS THE BOARD 3,602
DETERMINES TO BE APPROPRIATE.
Sec. 6117.34. Whenever the legislative authority or board 3,611
of health, or the officers performing the duties of the 3,612
legislative authority or board of health, of a municipal 3,613
corporation, the board of health of a general health district, or 3,614
a board of township trustees makes complaint, in writing, to the 3,615
environmental protection agency that unsanitary conditions exist 3,616
in any county, the AGENCY'S director of environmental protection 3,617
shall forthwith SHALL inquire into and investigate the conditions 3,619
complained of. If, upon investigation of such THE complaint, the 3,621
director finds that it is necessary for the public health and 3,622
welfare that sewer improvements or sewage treatment or disposal 3,623
works SANITARY OR DRAINAGE FACILITIES be ACQUIRED OR constructed, 3,625
maintained, and operated for the service of TO SERVE any 3,626
territory outside of municipal corporations in any county, the 3,627
director shall notify the board of county commissioners of such 3,628
THE county of its THAT finding AND ORDER THAT CORRECTIVE ACTION 3,630
BE TAKEN. The board shall obey such THE order and proceed as 3,632
provided in sections 6117.01 to 6117.45 of the Revised Code, THIS 3,633
CHAPTER to establish A COUNTY sewer districts DISTRICT, IF 3,634
REQUIRED, TO provide THE necessary funds, and TO ACQUIRE OR 3,636
construct such sewers or treatment works THE FACILITIES, or AND 3,638
77
TO maintain, repair, or AND operate the same FACILITIES, as are 3,639
required by such THE order and in such A manner as THAT is 3,641
satisfactory to the director. Any PART or all of the cost of 3,643
such improvement THE FACILITIES or OF THE maintenance AND 3,644
OPERATION OF THE FACILITIES may be assessed upon the property 3,645
benefited PROPERTIES as provided in sections 6117.01 to 6117.45 3,646
of the Revised Code THIS CHAPTER. 3,647
Sec. 6117.38. (A) At any time after the formation of any 3,656
COUNTY sewer district, the board of county commissioners, when it 3,658
deems CONSIDERS it expedient APPROPRIATE, on application by a 3,660
corporation, individual, PERSON or public institution AGENCY FOR 3,662
THE PROVISION OF SEWERAGE OR DRAINAGE TO PROPERTIES OF THE PERSON 3,663
OR PUBLIC AGENCY LOCATED outside of any THE district, may 3,664
contract with such corporation, individual, THE PERSON or public 3,665
institution AGENCY for depositing sewage OR DRAINAGE from 3,667
premises outside such district THOSE PROPERTIES in the sewers 3,669
FACILITIES ACQUIRED OR constructed or to be ACQUIRED OR 3,670
constructed BY THE COUNTY to serve such THE district and for the 3,672
treatment or, disposal thereof, AND DISPOSITION OF THE SEWAGE OR 3,673
DRAINAGE, on such terms as THAT the board deems CONSIDERS 3,675
equitable. The amount to be paid BY THE PERSON OR PUBLIC AGENCY 3,676
TO REIMBURSE THE COUNTY FOR COSTS OF ACQUIRING OR CONSTRUCTING 3,677
THOSE FACILITIES shall not be less than the original OR 3,678
COMPARABLE assessment for similar property within the district 3,680
OR, and such IN THE ABSENCE OF AN ORIGINAL OR COMPARABLE 3,681
ASSESSMENT, AN AMOUNT THAT IS FOUND BY THE BOARD TO BE REASONABLE
AND FAIRLY REFLECTIVE OF THAT PORTION OF THE COST OF THOSE 3,682
FACILITIES ATTRIBUTABLE TO THE PROPERTIES TO BE SERVED. THE 3,683
board shall appropriate any moneys received for such THAT service 3,685
to and for the use and benefit of such THE district. When the 3,687
THE board deems it necessary to contract with a corporation, 3,689
individual, or public institution for depositing sewage from 3,690
premises outside such district in the sewers constructed or to be 3,691
constructed to serve such district, it shall so determine by 3,692
78
resolution, and may collect said THE amount in cash TO BE PAID BY 3,694
THE PERSON OR PUBLIC AGENCY IN FULL, IN CASH OR IN INSTALLMENTS 3,695
AS A PART OF A CONNECTION CHARGE TO BE COLLECTED IN ACCORDANCE 3,696
WITH DIVISION (B) OR (D) OF SECTION 6117.02 OF THE REVISED CODE, 3,697
or IF THE PROPERTIES TO BE SERVED ARE LOCATED WITHIN THE COUNTY, 3,698
the same AMOUNT may be assessed against said lots or parcels of 3,700
land THOSE PROPERTIES, and, IN THAT EVENT, the manner of making 3,702
said THE assessment, together with the notice thereof OF IT, 3,703
shall be the same as provided in sections 6117.01 to 6117.40, 3,705
inclusive, of the Revised Code, for the original assessment THIS 3,706
CHAPTER.
(B) Whenever sewers SANITARY OR DRAINAGE FACILITIES have 3,709
been ACQUIRED OR constructed by, AND AT THE EXPENSE OF, a 3,710
corporation, individual, PERSON or public institution at its own 3,711
cost for the purpose of providing sewerage for any allotment, 3,712
development, subdivision, or similar enterprise, or for any 3,713
institution, AGENCY and the board deems CONSIDERS it expedient 3,715
APPROPRIATE to acquire said sewers THE FACILITIES or any part 3,716
thereof OF THEM for the purpose of providing sewerage for OR 3,718
DRAINAGE SERVICE TO territory outside the allotment, subdivision, 3,719
development, or other such enterprise for which such sewers were 3,720
constructed, such additional territory being within a SEWER 3,721
district, the county sanitary engineer, AT THE DIRECTION OF THE 3,722
BOARD, shall examine said sewers THE FACILITIES. If he THE 3,723
COUNTY SANITARY ENGINEER finds such sewers THE FACILITIES 3,726
properly designed and constructed he, THE COUNTY SANITARY 3,727
ENGINEER shall make an appraisal of the present value of said 3,729
sewers or parts thereof to the district as a means of providing 3,730
sewerage for such territory outside the allotment, subdivision, 3,731
development, or similar enterprise for which it was originally 3,732
constructed and shall certify the same THAT FACT to the board. 3,733
In such appraisal no allowance shall be made for the value of 3,735
such sewers to the territory for the service of which it was 3,736
originally constructed. The board by resolution may determine to 3,737
79
purchase said sewers THE FACILITIES OR ANY PART OF THEM at a cost 3,738
not to exceed the present value of said sewers as certified by 3,740
THAT, AFTER CONSULTATION WITH the COUNTY sanitary engineer, IT 3,741
FINDS TO BE REASONABLE. For 3,742
SUBJECT TO AND IN ACCORDANCE WITH THIS DIVISION AND 3,744
DIVISION (B) OR DIVISIONS (C), (D), AND (E) OF SECTION 6117.06 OF 3,746
THE REVISED CODE, THE BOARD MAY PURCHASE THE FACILITIES OR ANY 3,747
PART OF THEM BY NEGOTIATION. FOR the purpose of paying for said 3,749
sewers and the maintenance thereof COST OF THEIR ACQUISITION, the 3,750
board may issue bonds or certificates of indebtedness INCUR 3,751
PUBLIC OBLIGATIONS and assess the ENTIRE COST, OR A LESSER 3,752
DESIGNATED PART OF THE cost, OF THEIR ACQUISITION against the 3,754
benefited property PROPERTIES in the same manner as provided by 3,756
sections 6117.01 to 6117.40, inclusive, of the Revised Code, IN 3,757
THIS CHAPTER for the construction of an original sewer OR 3,758
COMPARABLE FACILITIES.
Sec. 6117.39. Whenever, in the opinion of the board of 3,767
county commissioners, it is necessary to procure ACQUIRE real 3,768
estate, a right of way, or an easement ANY INTEREST IN REAL 3,770
ESTATE for the ACQUISITION, construction, maintenance, or 3,771
operation of any sewer, DRAINAGE, or other improvement authorized 3,773
by sections 6117.01 to 6117.45, inclusive, of the Revised Code 3,774
THIS CHAPTER, or TO ACQUIRE the right to construct, maintain, and 3,776
operate such THE sewer, DRAINAGE, or other improvement in and 3,778
upon any property within or without OUTSIDE OF a COUNTY sewer 3,780
district, it may purchase the same, or if such REAL ESTATE, 3,781
INTEREST IN REAL ESTATE, OR RIGHT BY NEGOTIATION. IF THE board
and the owners thereof OWNER OF THE REAL ESTATE, INTEREST IN REAL 3,783
ESTATE, OR RIGHT are unable to agree upon its purchase and sale, 3,785
or the amount of damages to be awarded therefor FOR IT, the board 3,786
may appropriate such THE real estate, right of way, easement 3,788
INTEREST, or right. Such proceedings shall be had as are 3,789
provided for in ACCORDANCE WITH sections 163.01 to 163.22, 3,790
inclusive, of the Revised Code, EXCEPT THAT THE BOARD, IN THE 3,792
80
EXERCISE OF THE POWERS GRANTED BY THIS SECTION OR ANY OTHER
SECTION OF THIS CHAPTER, MAY NOT APPROPRIATE REAL ESTATE OR 3,794
PERSONAL PROPERTY OWNED BY A MUNICIPAL CORPORATION. 3,795
Sec. 6117.41. The AT ANY TIME AFTER THE FORMATION OF ANY 3,804
COUNTY SEWER DISTRICT, THE board of county commissioners of any 3,805
county or the legislative authority of any municipal corporation 3,806
may enter into a contract, upon such THE terms and for such THE 3,808
period of time as THAT are mutually agreed upon, with any other 3,809
county or municipal corporation PUBLIC AGENCY to prepare all 3,811
necessary plans and estimates of cost, AND to connect ACQUIRE OR 3,813
CONSTRUCT any sewers of such county or municipal corporation with 3,815
any sewers constructed, SANITARY or DRAINAGE FACILITIES THAT ARE 3,816
to be constructed, USED JOINTLY by any other county or municipal 3,817
corporation THE CONTRACTING PARTIES, and to provide for the 3,819
MAINTENANCE, OPERATION, AND joint use by such THE contracting 3,820
parties of such sewers and of any sewage treatment or disposal 3,821
works of such county or municipal corporation THOSE FACILITIES OR 3,822
THE MAINTENANCE, OPERATION, AND JOINT USE OF ANY SUITABLE 3,823
EXISTING SANITARY OR DRAINAGE FACILITIES BELONGING TO EITHER OF 3,824
THE CONTRACTING PARTIES.
Sec. 6117.42. All contracts under section 6117.41 of the 3,833
Revised Code shall provide for THE payment OF COMPENSATION to the 3,835
county or municipal corporation OTHER PUBLIC AGENCY owning, 3,836
ACQUIRING, OR constructing, or about AGREEING to ACQUIRE OR 3,837
construct a sewer or sewage treatment or disposal works, THE 3,839
SANITARY OR DRAINAGE FACILITIES to be jointly used, of the IN AN 3,840
amount agreed upon by the county or municipal corporation so 3,841
contracting for the joint use thereof AS THE OTHER PARTY'S SHARE 3,842
OF THE COST OF ACQUIRING OR CONSTRUCTING THE FACILITIES. THE 3,843
CONTRACT ALSO SHALL PROVIDE FOR PAYMENT OF COMPENSATION TO THE 3,844
COUNTY OR OTHER PUBLIC AGENCY OWNING, ACQUIRING, OR CONSTRUCTING 3,845
THE FACILITIES AND OPERATING AND MAINTAINING THEM IN AN AMOUNT 3,846
AGREED UPON AS THE OTHER PARTY'S SHARE OF THE COST OF OPERATING 3,847
AND MAINTAINING THEM OR, IN LIEU OF ALL OTHER OR DIFFERING
81
PAYMENTS, AND AGREED PRICE PER UNIT OF FLOW. Any such A county 3,849
or municipal corporation OTHER PUBLIC AGENCY owning, ACQUIRING, 3,850
OR constructing, or agreeing to ACQUIRE OR construct, any such 3,852
sewer improvement or sewage treatment works, as provided in 3,854
sections 6117.41 to 6117.44 of the Revised Code, OF THE
FACILITIES and permitting the AGREEING TO THEIR use thereof by 3,856
such other county or municipal corporation, ANOTHER PUBLIC AGENCY 3,858
shall retain full control and management of the ACQUISITION, 3,859
construction, maintenance, repair, and operation of such sewer 3,860
improvement and sewage treatment or disposal works, THE 3,861
FACILITIES, UNLESS OTHERWISE PROVIDED IN THE CONTRACT AND except, 3,862
IN THE CASE OF A COUNTY, when conveyed to a municipal corporation 3,864
as provided in this DIVISION (B) OF section 6117.05 OF THE 3,865
REVISED CODE. Any such contract before going into effect shall 3,867
be approved by the director of environmental protection. Any 3,868
completed sewer improvement or sewage treatment works constructed 3,869
under sections 6117.01 to 6117.45 of the Revised Code, for the 3,870
use of any sewer district and located within any municipal 3,871
corporation or within any area which may be annexed to or 3,872
incorporated as a municipal corporation, may by mutual agreement 3,873
between the board of county commissioners and such municipal 3,874
corporation be conveyed to such municipal corporation, which 3,875
shall thereafter maintain and operate such sewer improvement or 3,876
sewage treatment works. The board may retain the right to joint 3,877
use of such sewers or treatment works for the benefit of the 3,878
district. The validity of any assessments levied to provide 3,879
means for the payment of the cost of construction or maintenance 3,880
of such sewer improvement or sewage treatment works or any part 3,881
thereof shall not be affected by such conveyance. 3,882
Sec. 6117.43. The A county or municipal corporation OTHER 3,892
PUBLIC AGENCY contracting under section AS PROVIDED IN SECTIONS 3,894
6117.41 AND 6117.42 of the Revised Code for the joint use of any 3,896
sewer or sewage treatment or disposal works SANITARY OR DRAINAGE
FACILITIES ACQUIRED OR constructed, or to be ACQUIRED OR 3,898
82
constructed, by another county or municipal corporation PUBLIC 3,899
AGENCY may provide for payment of the agreed compensation by the 3,900
levy of taxes, OR special assessments, or FROM SANITARY sewer 3,902
rentals OR DRAINAGE RATES AND CHARGES, as provided in IF AND TO 3,903
THE EXTENT THAT THE PUBLIC AGENCY IS AUTHORIZED BY the laws 3,904
governing such county or municipal corporation IT in the
ACQUISITION, construction, maintenance, repair, or operation of a 3,906
sewer improvement or sewage treatment or disposal works THE 3,907
FACILITIES TO PROVIDE FOR PAYMENT OF THE COSTS IN RESPECT OF 3,908
WHICH THE COMPENSATION IS DUE FROM THOSE SOURCES, and may issue 3,909
bonds OR INCUR PUBLIC OBLIGATIONS as provided by such THOSE laws 3,911
in anticipation of such taxes or assessments AND PAY THE DEBT 3,912
CHARGES ON THOSE OBLIGATIONS FROM THOSE SOURCES IF AND TO THE 3,913
EXTENT SO AUTHORIZED.
Sec. 6117.44. The A county or municipal corporation OTHER 3,923
PUBLIC AGENCY receiving the compensation provided for in section 3,925
6117.42 of the Revised Code shall credit the amount so received 3,926
to the proper fund to be applied towards USED FOR the 3,928
ACQUISITION, construction, or OPERATION AND maintenance, as the 3,929
case may be, of the sewer and other works to be so jointly used 3,930
SANITARY OR DRAINAGE FACILITIES OR FOR OTHER AUTHORIZED PURPOSES. 3,931
Sec. 6117.45. No person OR PUBLIC AGENCY shall tamper with 3,940
or damage any sewer or sewage disposal plant SANITARY OR DRAINAGE 3,942
FACILITY ACQUIRED OR constructed BY A COUNTY under sections 3,943
6117.01 to 6117.45, inclusive, of the Revised Code, THIS CHAPTER 3,944
or any apparatus or accessory connected therewith WITH IT or 3,946
pertaining thereto TO IT, or make any connection into any such 3,947
sewer or sewage disposal plant OR WITH THE FACILITY, without THE 3,949
permission of the board of county commissioners or in a manner or 3,951
for a use other than as prescribed by such THE board. No person 3,952
OR PUBLIC AGENCY shall refuse to permit the inspection by the 3,954
county sanitary engineer of any such connection. No person OR 3,955
PUBLIC AGENCY shall violate sections 6117.01 to 6117.45, 3,957
inclusive, of the Revised Code ANY OTHER PROVISION OF THIS
83
CHAPTER. 3,958
All fines collected under division (A) of section 6117.99 3,960
of the Revised Code shall be paid into TO the county treasury 3,961
TREASURER and credited to any county sewer improvement or 3,962
maintenance THE fund as THAT the board directs DETERMINES TO BE 3,964
MOST APPROPRIATE AFTER CONSIDERATION OF THE NATURE AND EXTENT OF 3,965
THE PARTICULAR VIOLATIONS. 3,966
Sec. 6117.49. (A) IF THE BOARD OF COUNTY COMMISSIONERS 3,968
DETERMINES BY RESOLUTION THAT THE BEST INTERESTS OF THE COUNTY 3,969
AND THOSE SERVED BY THE SANITARY OR DRAINAGE FACILITIES OF A 3,970
COUNTY SEWER DISTRICT SO REQUIRE, THE BOARD MAY SELL OR OTHERWISE 3,971
DISPOSE OF THE FACILITIES TO ANOTHER PUBLIC AGENCY OR A PERSON. 3,972
THE RESOLUTION DECLARING THE NECESSITY OF THAT DISPOSITION SHALL 3,973
RECITE THE REASONS FOR THE SALE OR OTHER DISPOSITION AND SHALL 3,974
ESTABLISH ANY CONDITIONS OR TERMS THAT THE BOARD MAY IMPOSE,
INCLUDING, BUT NOT LIMITED TO, A MINIMUM SALES PRICE IF A SALE IS 3,975
PROPOSED, A REQUIREMENT FOR THE SUBMISSION BY BIDDERS OF THE 3,976
SCHEDULE OF RATES AND CHARGES INITIALLY PROPOSED TO BE PAID FOR 3,977
THE SERVICES OF THE FACILITIES, AND OTHER PERTINENT CONDITIONS OR 3,978
TERMS RELATING TO THE SALE OR OTHER DISPOSITION. THE RESOLUTION
ALSO SHALL DESIGNATE A TIME AND PLACE FOR THE HEARING OF 3,979
OBJECTIONS TO THE SALE OR OTHER DISPOSITION BY THE BOARD. NOTICE 3,980
OF THE ADOPTION OF THE RESOLUTION AND THE TIME AND PLACE OF THE 3,981
HEARING SHALL BE PUBLISHED ONCE A WEEK FOR TWO CONSECUTIVE WEEKS 3,982
IN A NEWSPAPER OF GENERAL CIRCULATION IN THE SEWER DISTRICT AND 3,983
IN THE COUNTY. THE PUBLIC HEARING ON THE SALE OR OTHER
DISPOSITION SHALL BE HELD NOT LESS THAN TWENTY-FOUR DAYS 3,984
FOLLOWING THE DATE OF FIRST PUBLICATION OF THE NOTICE. A COPY OF 3,985
THE NOTICE ALSO SHALL BE SENT BY FIRST CLASS OR CERTIFIED MAIL, 3,986
ON OR BEFORE THE DATE OF THE SECOND PUBLICATION, TO ANY PUBLIC 3,987
AGENCY WITHIN THE AREA SERVED BY THE FACILITIES. AT THE PUBLIC 3,988
HEARING, OR AT ANY ADJOURNMENT OF IT, OF WHICH NO FURTHER
PUBLISHED OR MAILED NOTICE NEED BE GIVEN, THE BOARD SHALL HEAR 3,989
ALL INTERESTED PARTIES. A PERIOD OF FIVE DAYS SHALL BE GIVEN 3,990
84
FOLLOWING THE COMPLETION OF THE HEARING FOR THE FILING OF WRITTEN 3,991
OBJECTIONS BY ANY INTERESTED PERSONS OR PUBLIC AGENCIES TO THE 3,992
SALE OR OTHER DISPOSITION, AFTER WHICH THE BOARD SHALL CONSIDER 3,993
ANY OBJECTIONS AND BY RESOLUTION DETERMINE WHETHER OR NOT TO 3,994
PROCEED WITH THE SALE OR OTHER DISPOSITION. IF THE BOARD 3,995
DETERMINES TO PROCEED WITH THE SALE OR OTHER DISPOSITION, IT 3,996
SHALL RECEIVE BIDS AFTER ADVERTISING ONCE A WEEK FOR FOUR
CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE 3,997
COUNTY AND, SUBJECT TO THE RIGHT OF THE BOARD TO REJECT ANY OR 3,998
ALL BIDS, MAY MAKE AN AWARD TO A RESPONSIBLE BIDDER WHOSE 3,999
PROPOSAL IS DETERMINED BY THE BOARD TO BE IN THE BEST INTERESTS 4,000
OF THE COUNTY AND THOSE SERVED BY THE FACILITIES.
(B) A CONVEYANCE OF SANITARY OR DRAINAGE FACILITIES BY A 4,002
COUNTY TO A MUNICIPAL CORPORATION IN ACCORDANCE WITH DIVISION (B) 4,003
OF SECTION 6117.05 OF THE REVISED CODE MAY BE MADE WITHOUT REGARD 4,004
TO DIVISION (A) OF THIS SECTION. 4,005
Sec. 6117.60. IT IS THE INTENT OF THE GENERAL ASSEMBLY 4,007
THAT THE AMENDMENTS MADE TO THIS CHAPTER BY SUB. H.B. 549 OF THE 4,009
123rd GENERAL ASSEMBLY ARE SUBJECT TO SECTION 4 OF THAT ACT. 4,010
THIS SECTION DOES NOT AFFECT THE APPLICATION OF SECTION 3 OF THAT 4,011
ACT TO SECTIONS 1 AND 2 OF THAT ACT. 4,012
Sec. 6119.36. For IN LIEU OF SUBMITTING TO THE ELECTORS 4,021
FOR APPROVAL THE QUESTION OF A TAX LEVY OUTSIDE THE TEN-MILL 4,022
LIMITATION AND LEVYING THAT TAX FOLLOWING APPROVAL, AS PROVIDED 4,023
FOR IN SECTIONS 6119.31 AND 6119.32 OF THE REVISED CODE, THE 4,024
BOARD OF COUNTY COMMISSIONERS MAY ISSUE SECURITIES, AS DEFINED IN 4,025
SECTION 133.01 OF THE REVISED CODE, INCLUDING ANTICIPATORY
SECURITIES, FOR the purposes PURPOSE of paying the cost of the 4,026
preparation of the data, including plans, specifications, 4,027
surveys, and maps needed or determined TO BE necessary OR 4,028
APPROPRIATE in order to plan for the proper supply, purification, 4,031
filtration, and distribution of water or, THE proper collection 4,032
and, treatment, AND DISPOSAL of sewage, OR THE PROPER COLLECTION, 4,034
CONTROL, ABATEMENT, OR TREATMENT OF SURFACE AND SUBSURFACE
85
DRAINAGE, EACH AND ALL within the LIMITS OF THE county or a part 4,036
thereof OF THE COUNTY or beyond the limits of the county but 4,037
within the same drainage area as is in part within the county, 4,038
and, if the board of county commissioners determines that the 4,039
funds allocated for general operating expenses of the county are 4,040
insufficient to pay the operating expenses for the current year 4,041
and the cost of the preparation of such data, the board in lieu 4,042
of the submission of the question of a levy to the voters and the 4,043
levy of a tax outside the ten-mill limitation as provided for in 4,044
sections 6119.31 and 6119.32 of the Revised Code may issue bonds 4,045
of such subdivision IT TO BE NECESSARY OR APPROPRIATE, FOR THE 4,046
PURPOSE OF PAYING THE COSTS OF ACQUIRING REAL ESTATE OR INTERESTS 4,047
IN REAL ESTATE FOR IMPROVEMENTS FOR ONE OR MORE OF THOSE 4,048
PURPOSES. THE DATA MAY INCLUDE, BUT ARE NOT LIMITED TO, PLANS, 4,049
SPECIFICATIONS, ESTIMATES OF COST, DRILLINGS, MAPS, SOUNDINGS, 4,050
SURVEYS, AND TENTATIVE ASSESSMENTS AGAINST PROPERTIES THAT ARE
POTENTIALLY BENEFITED. THE SECURITIES SHALL BE in an amount not 4,051
exceeding the total estimated cost of the preparation of such 4,053
data to defray the expense of such data AND OF MAKING ANY 4,054
ACQUISITIONS OF REAL ESTATE OR INTERESTS IN REAL ESTATE, TOGETHER 4,055
WITH ALL OTHER ITEMS OF COST THAT ARE INCIDENT TO THAT 4,057
PREPARATION OR THOSE ACQUISITIONS AND THAT ARE DESCRIBED IN
DIVISION (B) OF SECTION 133.15 OF THE REVISED CODE. 4,059
PRIOR TO THE ISSUANCE OR THE FIRST ISSUANCE OF THE 4,061
SECURITIES, THE BOARD SHALL DETERMINE THAT THE FUNDS ALLOCATED 4,062
FOR GENERAL OPERATING EXPENSES OF THE COUNTY ARE INSUFFICIENT TO 4,063
PAY BOTH THOSE OPERATING EXPENSES FOR THE CURRENT YEAR AND THE 4,064
TOTAL ESTIMATED COST TO BE FINANCED UNDER AUTHORITY OF THIS
SECTION. 4,065
The SECURITIES SHALL BE CHAPTER 133. SECURITIES, AND THEIR 4,068
issuance of the bonds, or notes in anticipation thereof, shall be 4,069
subject to Chapter 133. of the Revised Code THAT CHAPTER, except 4,071
that the MAXIMUM maturity of the bonds SECURITIES shall not 4,072
extend beyond a period of EXCEED ten years. The proceeds of 4,073
86
bonds, or notes in anticipation thereof, SECURITIES issued for 4,074
the purpose of paying costs of the improvements for which such 4,076
THE data has been IS prepared, OR FOR WHICH ANY ACQUISITION OF 4,077
REAL ESTATE OR INTEREST IN REAL ESTATE IS MADE may be issued 4,079
APPLIED, WITHOUT REDUCTION OF THEIR MAXIMUM MATURITY, to retire 4,080
notes ANTICIPATORY SECURITIES issued pursuant to this section. 4,081
All moneys raised by the issuance of bonds and notes 4,083
SECURITIES pursuant to this section shall be appropriated for 4,084
APPLIED TO the purpose of preparing such data as PURPOSES 4,086
provided for in section 6119.31 of the Revised Code AND IN THIS 4,088
SECTION.
Section 2. That existing sections 133.15, 307.09, 315.14, 4,090
5555.01, 5555.43, 5555.46, 5555.51, 5571.15, 5573.07, 6103.01, 4,092
6103.02, 6103.03, 6103.04, 6103.05, 6103.07, 6103.081, 6103.11, 4,094
6103.12, 6103.13, 6103.15, 6103.17, 6103.20, 6103.21, 6103.22, 4,095
6103.23, 6103.24, 6103.25, 6103.29, 6103.31, 6117.01, 6117.011, 4,096
6117.02, 6117.04, 6117.05, 6117.06, 6117.08, 6117.23, 6117.251, 4,097
6117.28, 6117.29, 6117.30, 6117.32, 6117.34, 6117.38, 6117.39, 4,098
6117.41, 6117.42, 6117.43, 6117.44, 6117.45, and 6119.36 and 4,099
sections 6103.09 and 6117.26 of the Revised Code are hereby
repealed. 4,100
Section 3. The amendments and enactments made by Sections 4,102
1 and 2 of this act shall apply, insofar as their provisions 4,103
support them, to any proceedings, including proceedings defined 4,105
in section 133.01 of the Revised Code, that on the effective date 4,106
of this act are pending, in progress, or complete and that are 4,107
supplemented to provide or confirm compliance with or support by 4,108
the provisions of those amendments and enactments as if they had 4,109
been in effect at the time of those proceedings, and also apply 4,110
to the public obligations authorized, issued, or incurred
pursuant to those proceedings, notwithstanding the applicable law 4,111
previously in effect or any provision to the contrary in a prior 4,112
resolution, ordinance, order, advertisement, notice, or other 4,113
proceeding. Any proceedings pending or in progress on the 4,114
87
effective date of this act, and public obligations authorized,
sold, issued, incurred, delivered, and if applicable, validated 4,115
pursuant to those proceedings, shall be deemed to have been 4,116
taken, and authorized, sold, issued, incurred, delivered, and 4,117
validated, in conformity with those amendments and enactments. 4,118
The provisions of the Revised Code amended or repealed by 4,120
this act shall be deemed to remain applicable to public 4,121
obligations issued or incurred pursuant to or in reliance on them 4,122
prior to the effective date of those amendments or repeals. 4,123
Section 4. The authority provided by Sections 1 and 2 of 4,125
this act provides additional and supplemental provisions for the 4,126
subject matter that also may be the subject of other laws and is 4,127
supplemental to and not in derogation of any similar authority 4,128
provided by, derived from, or implied by the Ohio Constitution or 4,129
any other law, including sections of the Revised Code amended by 4,130
this act, or any charter, order, resolution, or ordinance, and no 4,131
inference shall be drawn to negate the authority under them by 4,132
reason of express provisions contained in Section 1 of this act. 4,133