As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 617 5
1999-2000 6
REPRESENTATIVES MOTTLEY-NETZLEY-BRITTON-ALLEN-JOLIVETTE- 8
GRENDELL-SCHULER 9
_________________________________________________________________ 10
A B I L L
To amend sections 5511.04, 6101.01, 6101.02, 12
6101.03, 6101.04, 6101.07, 6101.08, 6101.11, 13
6101.12, 6101.13, 6101.15, 6101.16, 6101.17,
6101.19, 6101.23, 6101.25, 6101.30, 6101.31, 14
6101.32, 6101.33, 6101.36, 6101.38, 6101.39, 15
6101.40, 6101.41, 6101.42, 6101.43, 6101.44,
6101.441, 6101.45, 6101.48, 6101.49, 6101.50, 17
6101.501, 6101.51, 6101.52, 6101.53, 6101.54,
6101.55, 6101.57, 6101.58, 6101.59, 6101.60, 18
6101.61, 6101.65, 6101.67, 6101.68, 6101.69, 19
6101.70, 6101.71, 6101.73, 6101.74, 6101.77,
6101.78, 6101.79, 6101.80, and 6101.84 of the 20
Revised Code to update the provisions of the
Conservancy District Law for both technical and 21
substantive purposes, including modifications to 22
notifications and other procedures relative to
appraisals, anticipatory notes, bonds, and 23
assessments.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 5511.04, 6101.01, 6101.02, 27
6101.03, 6101.04, 6101.07, 6101.08, 6101.11, 6101.12, 6101.13, 28
6101.15, 6101.16, 6101.17, 6101.19, 6101.23, 6101.25, 6101.30, 29
6101.31, 6101.32, 6101.33, 6101.36, 6101.38, 6101.39, 6101.40, 31
6101.41, 6101.42, 6101.43, 6101.44, 6101.441, 6101.45, 6101.48,
6101.49, 6101.50, 6101.501, 6101.51, 6101.52, 6101.53, 6101.54, 32
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6101.55, 6101.57, 6101.58, 6101.59, 6101.60, 6101.61, 6101.65, 33
6101.67, 6101.68, 6101.69, 6101.70, 6101.71, 6101.73, 6101.74, 34
6101.77, 6101.78, 6101.79, 6101.80, and 6101.84 of the Revised 35
Code be amended to read as follows:
Sec. 5511.04. The director of transportation may relocate 44
and for such THAT purpose construct or reconstruct such THE 46
relocated portions of all roads, highways, and streets, within, 47
leading through, or adjacent to any lands owned by a conservancy 48
district organized under sections 6101.01 to 6101.84 CHAPTER 49
6101. of the Revised Code, or lands on which any such CONSERVANCY 51
district has a flood easement, construction easement, or 53
right-of-way.
The director may co-operate COOPERATE in the construction, 55
reconstruction, improvement, repair, and maintenance of roads 56
leading from a state highway to any public park, forest preserve, 57
or recreational area, or within the boundary of any public park, 58
forest preserve, or recreational area, under the control and 59
custody of such A CONSERVANCY district. 60
The director shall confer with the board of directors of 62
any such A CONSERVANCY district upon the construction, 63
reconstruction, location, or relocation of any roads or highways 65
which THAT must be in conformity with the general engineering 67
plans of the district.
With respect to any such road improvement projects, the 69
director may, upon the terms mutually agreed between the director 71
and the board of the district, in view of the benefits to be 72
derived, enter into any contracts with such THE district as may 73
be necessary or convenient to carry out the general plans of the 75
district.
The costs of such THE improvements shall be paid in the 77
same manner as for a state highway improvement, provided the 78
expenditures in any one year shall not exceed two hundred 79
thousand dollars. 80
This section does not derogate or limit the powers of the 82
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director to add additional mileage to the state highway system. 83
This section does not derogate or limit the power and 85
authority conferred upon a district and its board by sections 86
6101.01 to 6101.84 CHAPTER 6101. of the Revised Code. 88
Sec. 6101.01. As used in sections 6101.01 to 6101.84, 97
inclusive, of the Revised Code THIS CHAPTER: 98
(A) "Publication" OR "PUBLISHED" means once a week for 100
three consecutive weeks in each of two newspapers of different 102
political affiliations if there are such newspapers, and A 103
NEWSPAPER of general circulation in the counties wherein such 105
WHERE THE publication is to be made. Such publication need not 107
be made on the same day of the week in each of the three weeks; 108
but not less than fourteen days, excluding the day of the first 109
publication, shall intervene between the first publication and 110
the last publication. Publication shall be complete on the date 111
of the last publication. Where such WHEN A publication is 112
required to be made by a conservancy district or its board of 114
directors, a copy of such THE publication, certified by the 116
secretary of the conservancy district to have been published in 117
accordance with the provisions of this division of section 118
6101.01 of the Revised Code, shall be admitted in any court of 119
this state as prima-facie evidence that such THE publication has 120
been made as herein provided for. 121
(B) "Person" means person, firm, partnership, association, 123
or corporation, other than HAS THE SAME MEANING AS IN SECTION 124
1.59 OF THE REVISED CODE. "PERSON" DOES NOT INCLUDE A county, 125
township, municipal corporation, or other political subdivision 126
OF THE STATE.
(C) "Public corporation" or "political subdivision" means 128
counties, townships, municipal corporations, school districts, 129
road districts, ditch districts, park districts, levee districts, 130
and all other governmental agencies clothed ENTITIES VESTED with 131
the power of levying general TO LEVY ASSESSMENTS or special 133
taxes.
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(D) "Court" means the court of common pleas in which the 135
petition for the organization of a conservancy district was IS 136
filed and granted, as presided over by the judges provided FOR in 138
section 6101.07 of the Revised Code. 139
(E) "Land" or "property," unless otherwise specified, 141
means real property, as "real property" THAT TERM is used in and 143
defined by the laws of this state, and embraces INCLUDES all 145
railroads, tramroads, roads, electric railroads, street and 147
interurban railroads, streets and street improvements, telephone, 148
telegraph, and transmission lines, gas, sewerage, and water 149
systems, pipe lines and rights of way of public service 150
corporations, and all other real property whether public or 151
private REAL PROPERTY.
(F) "Underground water" means any water under the surface 153
of the land or under the bed of any stream, lake, reservoir, or 154
other body of surface water. 155
(G) "Aquifer" means any underground water-bearing bed or 157
stratum of earth, gravel, sand, or porous stone having boundaries 158
that may be ascertained or reasonably inferred, in which water 159
stands, flows, or percolates. 160
Sec. 6101.02. (A) The bonds issued under sections 6101.01 169
to 6101.84, inclusive, of the Revised Code, THIS CHAPTER may be 170
called "conservancy bonds," and THE TERM shall be so engraved or 172
printed on their THE face OF THE BONDS. 173
(B) The tax books and records provided for in such 175
sections THIS CHAPTER shall be termed "conservancy books" or 177
"conservancy records," and such titles shall be printed, stamped, 180
or written thereon.
Sec. 6101.03. (A) In any orders of the court, the words 189
"The court now here finds that it hath jurisdiction of the 191
parties to and of the subject matter of this proceeding" are 192
equivalent to a finding that each jurisdictional fact necessary 193
to confer plenary jurisdiction upon the court, beginning with the
proper signing and filing of the initial petition to the date of 194
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the order containing such THAT recital, has been scrutinized by 195
the court and has been found to meet every legal requirement 197
imposed by sections 6101.01 to 6101.84, inclusive, of the Revised 198
Code THIS CHAPTER.
(B) No other evidence of the legal hypothecation of the 200
special tax ASSESSMENTS to the payment of the bonds is required 202
than the passage of a bonding resolution by the board of 204
directors of a conservancy district and the issuance of bonds in
accordance therewith WITH THE RESOLUTION. 205
(C) In the preparation of any assessment or appraisal 207
record, the usual abbreviations employed by engineers, surveyors, 209
and abstractors may be used.
(D) Where properly to describe any parcel of land, it 211
would be necessary to use a long description, the board of 212
appraisers of a conservancy district, after locating the land 213
generally, may refer to the book and page of the public record of 215
any instrument in which the land is described, which reference
shall suffice to identify for all the purposes of such sections 216
THIS CHAPTER the land described in the public record so referred 217
to.
(E) Except as otherwise provided in section 6101.32 of the 219
Revised Code, it IT is not necessary in any notice required by 220
such sections to be published to specify the names of the owners 222
of the lands or of the persons interested therein; but, except as 223
otherwise provided in section 6101.32 of the Revised Code, any 225
such IN THE LANDS. A notice may be addressed "To All Persons or 226
Public Corporations Interested" with like effect as though such 227
THE notice named by name every owner of any lands within the 230
territory specified in the notice and, every person interested 232
therein IN THE LANDS, and every lienor, actual or inchoate, WITH 233
RESPECT TO THE LANDS.
(F) Every district declared upon hearing to be a 235
conservancy district shall thereupon become UPON THAT DECLARATION 236
a political subdivision and a public corporation of the state, 237
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invested with all the powers and privileges conferred upon such 238
CONSERVANCY districts by such sections THIS CHAPTER. 239
Sec. 6101.04. Any area or areas situated in one or more 248
counties may be organized as a conservancy district, in the 249
manner and subject to the conditions provided by sections 6101.01 250
to 6101.84, inclusive, of the Revised Code, THIS CHAPTER for any 252
of the following purposes:
(A) Preventing floods; 254
(B) Regulating stream channels by changing, widening, and 256
deepening the same STREAM CHANNELS; 257
(C) Reclaiming or filling wet and overflowed lands; 259
(D) Providing for irrigation where it may be needed; 261
(E) Regulating the flow of streams and conserving the 263
THEIR waters thereof; 264
(F) Diverting or in whole or in part eliminating 266
watercourses;
(G) Providing a water supply for domestic, industrial, and 268
public use;
(H) Providing for the collection and disposal of sewage 270
and other liquid wastes produced within the district; 271
(I) Arresting erosion along the Ohio shore line of Lake 273
Erie.
This section does not terminate the existence of any 275
district organized prior to July 19, 1937, entirely within a 276
single county.
The purposes of a district may be altered by the same 278
procedure as provided for the establishment of such a THE 279
district.
Sec. 6101.07. Upon the determination of a judge of the 288
court of common pleas that a sufficient petition has been filed 289
in such THE court in accordance with section 6101.05 of the 290
Revised Code, he THE JUDGE shall give notice thereof OF THE 292
PETITION to the court of common pleas of each county included in 295
whole or in part within the proposed conservancy district. The 296
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judge of the court of common pleas of each such county, or in the 297
case of any county having more than one such judge, one judge 298
assigned by order of the judges of the court of common pleas 299
thereof OF THE COUNTY, shall sit as the court of common pleas of 301
the county wherein IN WHICH the petition was filed to exercise 302
the jurisdiction conferred by sections 6101.01 to 6101.84, 303
inclusive, of the Revised Code THIS CHAPTER. In case of the 304
inability to serve of the judge of any county having only one 306
judge, the chief justice of the supreme court, upon application 307
of any interested person and proper showing of need, may assign a 308
judge from another county to serve as a judge for such THE county 309
during the disability of its local judge. The court of any 311
county, presided over by the judges provided for in this section, 312
may establish conservancy districts when the conditions stated in 313
section 6101.05 of the Revised Code are found to exist. Except 314
as otherwise provided by sections 6101.08 to 6101.84, inclusive, 315
of the Revised Code, such IN THIS CHAPTER, THE court has, for all 316
purposes of sections 6101.01 to 6101.84, inclusive, of the 318
Revised Code THIS CHAPTER, original and exclusive jurisdiction 320
coextensive with the boundaries and limits of the district or 321
proposed district and of the lands and other property included 322
in, or proposed to be included in, such THE district or affected 323
by such THE district, without regard to the usual limits of its 324
jurisdiction. The judges of the court shall meet in the first 325
instance upon the call of the judge determining the sufficiency 326
of the petition and shall elect one of their number as presiding 327
judge. Each judge when sitting as a member of the court shall 328
receive such compensation and allowance for expenses as provided 329
by law for a judge of the court of common pleas serving by 330
assignment outside the county wherein he IN WHICH THE JUDGE 331
resides, which shall be paid as other expenses of the
organization or operation of the district are paid. 332
The court shall adopt rules of practice and procedure not 334
inconsistent with sections 6101.01 to 6101.84, inclusive, of the 335
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Revised Code, THIS CHAPTER and the general laws of this state. 336
If the court consists of more than three judges, it may designate 338
three of its members from three different counties to preside 339
over the court, hear matters coming before the court, and make 340
determinations and decisions or findings and recommendations, as 341
the rules of the court provide, with respect to any matters 342
authorized by such THE rules, the disposition of which is vested 344
in the court, except that it shall not make final decisions and 345
orders as to THE FOLLOWING:
(A) The establishment, dissolution, or merger of the 347
district or of subdistricts thereof OF IT; 348
(B) The adoption, rejection, or amendment of the official 350
plan; 351
(C) The appointment and removal of directors and 353
appraisers; 354
(D) The confirmation of the appraisers' report of 356
benefits, damages, and appraisals of property; 357
(E) The authorization of maintenance assessments in excess 359
of one per cent of benefits; 360
(F) The authorization of a readjustment of the appraisal 362
of benefits in accordance with section 6101.54 of the Revised 363
Code; 364
(G) The approval of the method of financing improvements 366
and activities under section 6101.25 of the Revised Code; 367
(H) The determination of rates of compensation for water 369
under sections 6101.24 and 6101.63 of the Revised Code; 370
(I) The examination of the annual report of the board of 372
directors of the conservancy district as provided under section 373
6101.66 of the Revised Code. 374
The concurrence of two of the three judges so designated 376
shall be necessary for any action or determination thereby BY THE 377
JUDGES, and it has, if so provided by the rules of the court, the 379
same effect as though taken or made by the full court. All 380
actions and determinations by the full court require the 381
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affirmative vote of a majority of the judges constituting the 382
court. In all cases in which the judges are evenly divided, that 383
side with which the presiding judge votes shall prevail. In the 384
event IF the court consists of two judges and they find 385
themselves unable to agree on any question left to their 386
decision, a judge of the court of common pleas of some other 387
county shall be designated by the chief justice of the supreme 388
court to sit and vote as a third member of the court until such 389
THE question is decided.
When the court by its order entered of record decrees that 391
a subdistrict be organized, the judge of the court of common 392
pleas of each county included in whole or in part in the 393
subdistrict, or in the case of any such county having more than 394
one such judge, one judge assigned by order of the judges of the 395
court of common pleas thereof OF THE COUNTY, shall sit as the 396
court of common pleas, with jurisdiction in all matters relating 398
to the subdistrict, the disposition of which is vested in the 399
court, except those listed in paragraph DIVISIONS (A), (C), and 400
(I) of this section, which shall remain the responsibility of the 402
full court.
Sec. 6101.08. At the preliminary meeting of the court, it 411
shall fix the time and place of the hearing on the petition for 413
the establishment of the proposed conservancy district, which 414
hearing shall be held not later than sixty days thereafter, and 415
the clerk of such THE court shall give notice of such THE hearing 416
by publication. Any owner of real property in a proposed 417
district who individually has not signed such a THE petition and 418
who wishes to object to the organization and incorporation of 420
said THE district shall, on or before the date set for the cause 422
to be heard, file his THE OWNER'S objections to the organization 423
and incorporation of such THE district. Similarly, objections 424
may be filed by any public corporation which THAT has not signed 426
such THE petition. Such THE objections shall be limited to a 428
denial of the statements in the petition, and shall be heard by 430
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the court as an advanced case without unnecessary delay. 431
Upon the hearing, if it appears that the purposes of 433
sections 6101.01 to 6101.84, inclusive, of the Revised Code, THIS 434
CHAPTER would be subserved by the creation of a district, the 436
court, after disposing of all objections as justice and equity
require, shall by its findings, duly entered of record:, 437
adjudicate all questions of jurisdiction; determine that the 439
organization of the district for the purposes for which it is 440
being organized, and that the surveys, plans, appraisals of 441
benefits and damages, estimates of cost, land options, and the
preparation of an official plan, will benefit the area within the 442
territorial boundaries of the district; declare the district 444
organized; AND give it a corporate name by which in all 446
proceedings it shall thereafter be known. A district so
organized shall be a political subdivision of the state and a 447
body corporate with all the powers of a corporation, and shall 448
have perpetual existence, with power to sue and be sued, to incur 449
debts, liabilities, and obligations, to exercise the right of 450
eminent domain and of taxation and assessment as provided in such 452
sections THIS CHAPTER, to issue bonds, and to do all acts 453
necessary and proper for the carrying out of the purposes for 454
which the district was created and for executing the powers with 455
which it is invested.
In such THE decree, the court shall designate the place 457
where the office or principal place of business of the district 459
shall be located, which shall be within the corporate limits of 460
the district if practicable, and which may be the district shall 461
be held at such THE office or place of business, but for cause 462
may be adjourned to any other convenient place. The official 463
records and files of the district shall be kept at such THE 465
office except as otherwise approved by the court. 467
If the court finds that the property set out in said THE 469
petition should not be incorporated into a district, it shall 471
dismiss said THE proceeding, and adjudge the costs against the 474
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signers of the petition in the proportion of the interest
represented by them. 475
After an order is entered, either dismissing the petition 477
or establishing the district, such THE order is a final order and 478
may be appealed by any interested party or by the state, within 480
twenty days from the date that the order is entered. The 481
organization of said THE district shall not be directly or 482
collaterally questioned in any suit, action, or proceeding except 483
as expressly authorized in sections 6101.01 to 6101.84, 484
inclusive, of the Revised Code THIS CHAPTER. 485
Sec. 6101.11. Each member of the board of directors of a 494
conservancy district, before entering upon his THE MEMBER'S 495
official duties, shall take and subscribe to an oath before a 497
suitable officer that he THE MEMBER will honestly, faithfully, 498
and impartially perform the duties of his office, and that he THE 499
MEMBER will not be interested directly or indirectly in any 502
contract let by said THE district. Said THIS oath shall be filed 503
in the office of the clerk of the court in the original case. 504
Upon THE MEMBERS' taking OF the oath, the board shall choose one 506
of its number as president of the board, and may elect another as 508
vice-president. The board shall elect some suitable person 509
secretary of the conservancy district, who shall not be a member
of the board. Such 510
THE board shall adopt a seal, and shall keep in a 512
well-bound book a record of all OF its proceedings, minutes of 514
all OF ITS meetings, certificates, contracts, bonds given by 516
employees, and all corporate acts. Such book THE RECORD shall be 518
open to the inspection of all owners of property in the district,
as well as to all other interested parties. The 520
THE board shall adopt bylaws governing the administration 524
of the affairs of the district.
A majority of the board constitutes a quorum, and a 526
concurrence of the majority in any matter within the board's 528
duties is sufficient for its determination. All actions of the 529
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board shall be by motion or resolution.
Sec. 6101.12. The secretary of the conservancy district 538
shall be the custodian of the records of the district and of its 539
corporate seal and shall assist the board of directors in such 540
THE particulars as it directs in the performance of its duties. 542
The secretary shall attest, under the corporate seal of the 543
district, all certified copies of the official records and files 544
of the district that are required of him THE SECRETARY by 545
sections 6101.01 to 6101.84, inclusive, of the Revised Code, THIS 546
CHAPTER or by any person ordering such copies and paying the 548
reasonable cost of transcription. Any portion of a record so 550
certified and attested prima-facie imports verity. The secretary 551
shall serve also as treasurer of the conservancy district, unless 552
a treasurer is otherwise provided for by the board. 553
The board may employ a chief engineer; an attorney; and 555
such other engineers, attorneys, agents, and assistants as are 556
needed, and may provide for their compensation, which, with all 557
other necessary expenditures, shall be taken as a part of the 558
cost of the improvement. 559
The employment of the secretary, treasurer, chief engineer, 561
and attorney for the district shall be evidenced by agreements in 562
writing, which, so far as possible, shall specify the amounts to 563
be paid for their services. 564
The chief engineer shall be superintendent of all the works 566
and improvements, and shall make a full report to the board each 567
year, or oftener MORE OFTEN if required, and may make such 569
suggestions and recommendations to the board as he deems THE 570
CHIEF ENGINEER CONSIDERS proper. 571
The board may require any officer or employee of the 573
district to give bond for the faithful performance of his THE 574
OFFICER'S OR EMPLOYEE'S OFFICIAL duties in an amount prescribed 575
by it, the expense thereof OF THE BOND to be paid from the funds 576
of the district. 577
The secretary or treasurer may take and certify the 579
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acknowledgment of instruments granting easements or rights-of-way 580
to the district. Such acknowledgment ACKNOWLEDGMENT and 581
certification, subscribed by the secretary or treasurer, is an 583
acknowledgment and certification for purposes of section 5301.01 584
of the Revised Code. 585
Sec. 6101.13. Upon its qualification, or as soon 594
thereafter as practicable, the board of directors of a 595
conservancy district shall prepare a plan for such THE part or 596
parts of the improvements for which the district was created as 598
the board of directors shall deem CONSIDERS advisable. Such THE 600
plan shall be filed, in accordance with this section, within two 601
years from the date of the order establishing the district. The 602
court may grant extensions of time allowed for the filing of the 603
plan if the board of directors so requests, for good cause shown. 604
No plan or portion of a plan shall be prepared providing a water 605
supply for domestic, industrial, or public use, or providing for 606
the collection and disposal of sewage and other liquid wastes, 607
for any municipal corporation, unless the governing body of such 608
THE municipal corporation has petitioned the board to provide a 609
water supply or a system for the collection and disposal of 610
sewage and other liquid wastes, or has signed the petition 611
initiating the proceeding by which the district acquired 612
authority to undertake such improvements. Such THE plan shall 613
include such THE maps, profiles, plans, and other data and 615
descriptions as are necessary to set forth properly the location 616
and character of the work and of the property benefited or taken 617
or damaged, with estimates of cost for doing the work, including 618
the proportion of the total cost to be assessed within the 619
district, a breakdown of the sources of funds to be used in 620
making the improvements, and the extent of participation, if any, 621
by other political agencies in constructing the work. 622
If the board finds that any former survey made by any other 624
district or in any other matter is useful for the purposes of the 625
district, the board may take over the data secured by such THAT 626
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survey, or such other proceedings as is useful to it, and may pay 627
therefor an amount equal to the value of such THAT data to said 629
THE OTHER district. No construction shall be made under sections 630
6101.01 to 6101.84 of the Revised Code, which THIS CHAPTER THAT 631
will cause the flooding of any municipal corporation or which 633
THAT will cause the water to back up into any municipal 635
corporation, unless the board has acquired and paid for the right 636
to use the land affected for such purpose, and has paid all 637
damages incident thereto TO THE FLOODING OR BACK-UP. No railroad 638
shall be required to be constructed with a grade in excess of the 639
maximum ruling grade then existing upon that division of said THE 640
railroad whereon said WHERE THE change is required. 642
Upon the completion of such THE plan, the board shall file 644
a copy thereof OF IT with the environmental protection agency, 646
which may approve or reject any provisions thereof OF THE PLAN 648
relating to the supplying of water for domestic, industrial, and 650
public use or to the collection and disposal of sewage and other 651
liquid wastes. In deciding whether to approve or reject such THE 652
provisions, the agency shall consider, among other factors, the 654
protection of the public health, and compliance with air and 655
water quality standards and regulations and solid waste disposal 656
requirements. If the department AGENCY rejects such THE 657
provisions or refers them back for amendment, the board shall 659
prepare other or amended provisions relating thereto. If the 660
agency approves the provisions, it shall certify a copy of its 661
action to the board, which shall file it as a record of the 662
district.
Upon the completion of the plan and the approval by the 664
agency, the board shall cause GIVE notice of the completion of 665
such THE plan to be given by publication in accordance with 667
section 6101.01 of the Revised Code, and shall file a copy of 668
such THE plan in the office of the clerk of the COURT OF common 670
pleas court of each county in which works of improvement are 672
proposed, or in which property would be benefited, damaged, or 673
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taken by the execution of such THE plan. Such copies COPIES 674
shall be available for inspection by all persons, public 676
corporations, and agencies of the state government interested. 677
The board shall make copies of the plan available to any 678
interested party, such AND MAY CHARGE FOR THE copies to be 679
supplied only at the cost thereof OF THEIR PRODUCTION. 680
Said THE notice shall fix the times and places for the 682
hearing of all objections to said THE plan, which shall be not 683
less than twenty nor OR more than thirty days after the last 685
publication of said THE notice. The board, or its duly appointed 687
representative under this section, may, upon motion and for good 689
cause shown, or upon its THE BOARD'S or his REPRESENTATIVE'S own 690
motion, grant continuances to a day certain of the hearing on the 693
plan. Such ANY continuances shall not necessitate additional 694
notice. All objections to said THE plan shall be in writing and 696
filed with the secretary of the conservancy district at his THE 697
SECRETARY'S office not more than twenty days after the last 698
publication of said THE notice. A hearing on the objections so 700
filed shall be provided for by the board in the county seat of 701
each county in which a copy of the plan has been filed as 702
required by this section, but such THE hearing may be canceled in 703
any county from which no objections have emanated either from a 705
resident or owner of property located therein WITHIN THE COUNTY. 706
The board may, if it deems CONSIDERS IT necessary, appoint one or 708
more representatives, each of whom shall be assigned by the board 709
to conduct one or more of the hearings on the objections as 710
required by this section and to cause MAKE a record to be made of 712
each of such THE hearings and to report such THE record back to 714
the board. After said THE hearings, the board shall adopt the 716
plan with or without modifications as the official plan of the 717
district. Within ten days after the adoption of the official 718
plan by the board, the secretary of the conservancy district 719
shall certify a copy thereof OF IT and deposit it with the clerk 721
of the court, who shall file it in the original case. If any 722
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person, public corporation, or agency of the state government
objects to said THE official plan, so AS adopted, then such THE 724
person, public corporation, or agency of the state government 725
may, within thirty days from the adoption of said THE official 726
plan, file their objections in writing, specifying the features 728
of the plan to which they object, in the original case 729
establishing the district in the office of the clerk of the 730
court. The clerk of the court shall fix a day for a hearing upon 731
said ON THE official plan before the court, which shall not be 733
less than twenty nor OR more than thirty days after the time 736
fixed for filing objections, at which time the court shall hear 737
any objections so filed and approved APPROVE, reject, or refer 738
back said THE plan to the board. 739
The court may, upon motion and for good cause shown, or 741
upon its own motion, grant continuances to a date certain of the 742
hearing on the plan when it is made to appear to the court that 743
further time is needed for study of the plan by objectors. Such 744
ANY continuances shall not necessitate additional notice. If the 746
court rejects said THE plan, the board shall proceed as in the 747
first instance under this section to prepare another plan. If 749
the court refers said THE plan to said THE board for amendment, 751
then the court shall continue the hearing to a day certain 752
without publication of notice. If the court approves said THE 753
plan as the official plan of the district, a certified copy of 755
the journal entry of the court shall be filed with the secretary, 756
and by him incorporated THE SECRETARY SHALL INCORPORATE IT into 757
the records of the district. The board, with the approval of the 759
court, may alter or add to the official plan until the appraisal 760
record is filed, and THE BOARD OF APPRAISERS OF THE CONSERVANCY 761
DISTRICT SHALL TAKE NOTICE of all such OF THE alterations and 763
additions the board of appraisers of the conservancy district
shall take notice; but if. IF, in the judgment of the court, any 766
such alteration or addition is material in character, the 767
procedure thereon ON IT shall be the same as on the adoption of 768
17
the plan. After the appraisal record has been filed in court, no 770
alterations of the official plan or additions thereto TO IT shall 771
be made except as provided in section 6101.39 of the Revised 773
Code.
The board of directors of a conservancy district shall have 775
full power and authority to devise, prepare for, execute, 776
maintain, and operate all works or improvements necessary or 777
desirable to complete, maintain, operate, and protect the 778
official plan. It may secure and use men WORKERS and equipment 779
under the supervision of the chief engineer or other agents, or 780
it may let ENTER INTO contracts for such THE works, either as a 782
whole or in parts.
Sec. 6101.15. In order to accomplish the purposes of the 791
conservancy district, the board of directors of a conservancy 792
district may DO THE FOLLOWING: 793
(A) Clean out, straighten, widen, alter, deepen, or change 795
the course or terminus of any ditch, drain, sewer, river, 796
watercourse, pond, lake, creek, or natural or artificial stream 797
located in or out of said THE district; 798
(B) Fill up any abandoned or altered ditch, drain, sewer, 800
river, watercourse, pond, lake, creek, or natural or artificial 801
stream, and concentrate, divert, or divide the flow of water in 802
or out of said THE district; 803
(C) Construct, acquire, operate, and maintain main and 805
lateral ditches, sewers, canals, levees, dikes, dams, sluices, 806
revetments, reservoirs, holding basins, floodways, wells, 807
intakes, pipe lines, purification works, treatment and disposal 808
works, pumping stations and siphons, and any other works and 809
improvements deemed CONSIDERED necessary to accomplish the 810
purposes of the district or to construct, preserve, operate, or 812
maintain such THE works in or out of said THE district. Sections 814
6101.01 to 6101.84, inclusive, of the Revised Code do THIS 816
CHAPTER DOES not limit the authority of public corporations to 818
install, maintain, and operate sewerage systems and water-works 819
18
systems as otherwise permitted by law;, but the board shall have 820
full power to require the use of the improvements constructed or 821
acquired by the district for the purpose of water supply or the 822
collection and disposal of sewage and other liquid wastes by the 823
public corporations and persons within the district for which 824
such THE improvements were installed;. 825
(D) Afforest lands owned by the district; 827
(E) Install improvements on lands owned or controlled by 829
the district for the proper maintenance thereof OF THE LANDS, or 830
for the purpose of preventing or minimizing damage to the works 832
and improvements of the district; 833
(F) Construct connections to the works of the district for 835
the delivery of a water supply therefrom FROM THE WORKS or for 836
the delivery of sewage and other liquid wastes thereto TO THE 838
WORKS;
(G) Construct or enlarge any bridges that may be needed in 840
or out of said THE district; 841
(H) Construct or elevate roadways and streets; 843
(I) Construct any of said THE works and improvements 845
across, through, or over any public highway, canal, railroad 846
right of way, track, grade, fill, cut, or other public or private 847
property located in or out of said THE district; 848
(J) Remove or change the location of any fence, building, 850
railroad, canal, or other structure or improvement located in or 851
out of said THE district, but if it is not feasible or economical 853
to move any building, structure, or improvement situated in or 854
upon lands required by the district and if the cost to the 855
district is determined by the board to be less than that of 856
purchase or condemnation, the board may acquire land and 857
construct, acquire, or install, therein or upon, buildings, 858
structures, or improvements, similar in purpose, to be exchanged 859
for the aforementioned buildings, structures, or improvements 860
under contracts entered into between the owner thereof OF THEM 861
and the district; 862
19
(K) Hold, encumber, control, acquire by donation, 864
purchase, or condemnation, construct, own, lease, use, and sell 865
real and personal property, and any easement, riparian right, 866
railroad right of way, canal, cemetery, sluice, reservoir, 867
holding basin, milldam, water power, wharf, or franchise in or 868
out of said THE district for right of way, holding basin, 869
location, or protection of works and improvements, relocation of 871
communities and of buildings, structures, and improvements 872
situated on lands required by the district, or for any other 873
necessary purpose, or for obtaining or storing material to be 874
used in constructing and maintaining said THE works and 875
improvements; 876
(L) Replat or subdivide land, open new roads, streets, and 878
alleys, or change the course of an existing one, and install 879
therein improvements to replace those in the former roads, 880
streets, or alleys; 881
(M) Procure insurance against loss to the district by 883
reason of damage to its properties, works, or improvements 884
resulting from fire, theft, accident, or other casualty or by 885
reason of the liability of the district for any damages to 886
persons or property occurring in the operation of the works and 887
improvements of the district or the conduct of its activities; 888
(N) Conduct on its own or in combination with other 890
entities, water quantity and quality studies and other water 891
monitoring activities that do not conflict with similar studies 892
or activities by other agencies. A written report of the
findings of any such study or activity, or a copy thereof OF IT, 894
shall be submitted to the director of environmental protection. 895
(O) Do all things necessary or incident to the fulfillment 897
of the purposes for which the district is established. 898
Sec. 6101.16. When it is determined to let the work 907
relating to the improvements for which a conservancy district was 908
established by contract, contracts in amounts to exceed fifteen 910
thousand dollars shall be advertised after notice calling for 911
20
bids has been published once a week for three consecutive weeks 912
completed on date of last publication, in at least one A 913
newspaper of general circulation within the conservancy district 915
where the work is to be done. If the bids are for a contract for 916
the construction, demolition, alteration, repair, or 917
reconstruction of an improvement, the board of directors of the 918
conservancy district may let the contract to the lowest or best 919
bidder who meets the requirements of section 153.54 of the 920
Revised Code. If the bids are for a contract for any other work 921
relating to the improvements for which a conservancy district was 922
established, the board of directors of the district may let the 923
contract to the lowest or best bidder who gives a good and 924
approved bond, with ample security, conditioned on the carrying 925
out of the contract. The contract shall be in writing and shall 926
be accompanied by or refer to plans and specifications for the 927
work to be done prepared by the chief engineer. The plans and 928
specifications shall at all times be made and considered a part 929
of the contract. The contract shall be approved by the board and 930
signed by the president of the board and by the contractor and 931
shall be executed in duplicate. In case of sudden emergency when 932
it is necessary in order to protect the district, the advertising 933
of contracts may be waived upon the consent of the board, with 934
the approval of the court or a judge of the court of common pleas 935
of the county in which the office of the district is located. 936
Sec. 6101.17. The board of directors of a conservancy 945
district, when it is necessary for the purposes of sections 946
6101.01 to 6101.84, inclusive, of the Revised Code THIS CHAPTER, 948
shall have a dominant right of eminent domain over the right of 949
eminent domain of railroad, telegraph, telephone, gas, water 950
power, and other companies and corporations, and over townships, 951
counties, and municipal corporations. 952
In the exercise of this right, due care shall be taken to 954
do no unnecessary damage to other public utilities, and, in case 956
of failure to agree upon the mode and terms of interference, not 957
21
to interfere with their operation or usefulness beyond the actual 958
necessities of the case, due regard being paid to the other 959
public interests involved.
Sec. 6101.19. (A) The board of directors of a conservancy 968
district may make and enforce such rules and regulations as it 969
deems CONSIDERS necessary and advisable TO DO THE FOLLOWING: 971
(1) To protect and preserve the works, improvements, and 973
properties owned or controlled by the district, prescribe the 974
manner of their use by public corporations and persons, and 975
preserve order within and adjacent thereto TO THE WORKS, 976
IMPROVEMENTS, AND PROPERTIES; 977
(2) To prescribe the manner of building bridges, roads, or 979
fences or other works in, into, along, or across any channel, 980
reservoir, or other construction of the district; 981
(3) To prescribe the manner in which ditches, sewers, pipe 983
lines, or other works shall be adjusted to or connected with the 984
works of the district or any watercourse therein IN THE DISTRICT 985
and the manner in which the watercourses of the district may be 987
used for sewer outlets or for disposal of waste; 988
(4) To prescribe the permissible uses of the water supply 990
provided by the district and the manner of its distribution, and 991
to prevent the pollution or unnecessary waste of such THE water 992
supply; 993
(5) To prohibit or regulate the discharge into the sewers 995
of the district of any liquid or solid wastes deemed CONSIDERED 996
detrimental to the works and improvements of the district. 998
Such THE rules and regulations shall not be inconsistent 1,000
with the laws of the state or the rules and regulations or 1,001
requirements of the director of environmental protection, and 1,002
shall be published in the manner provided by section 6101.01 of 1,003
the Revised Code before taking effect. 1,004
(B) No person shall violate any rule or regulation adopted 1,006
in accordance with this section. 1,007
(C) The board may enforce by mandamus or otherwise all 1,009
22
necessary regulations made by it and authorized by sections 1,010
6101.01 to 6101.84 of the Revised Code, and THIS CHAPTER, may 1,012
remove any harmful or improper construction or obstruction or 1,013
close any opening or connection made improperly or in violation 1,014
of such THE rules and regulations, and may bring such suits in 1,016
mandamus in the court of appeals in the first instance, if it 1,017
deems CONSIDERS it advisable. Any person or public corporation 1,020
which THAT willfully fails to comply with such THE rules and 1,022
regulations shall be liable for damage caused by such THE 1,024
failure, and for the cost of renewing any construction damaged or 1,026
destroyed.
(D) No person or public corporation shall erect within the 1,028
drainage area of the district any dam or reservoir upon any 1,029
stream or watercourse therein IN IT, or any work or obstruction 1,031
diminishing the cross section of any such stream or watercourse 1,032
IN IT, until a copy of the plans thereof FOR THE DAM, RESERVOIR, 1,034
WORK, OR OBSTRUCTION has been filed with the secretary of the 1,036
conservancy district for the board's examination. 1,037
Sec. 6101.23. The board of directors of a conservancy 1,046
district may enter into contracts or other arrangements with the 1,047
United States government or any department thereof OF IT, with 1,048
persons, railroads, or other corporations, with public 1,050
corporations, and with the state government of this or other 1,051
states, AND with drainage, conservation, conservancy, sewer, 1,052
park, or other improvement districts, in this or other states, 1,053
for co-operation or assistance, not in violation of Article VIII, 1,054
Ohio Constitution, in constructing, maintaining, using, and 1,055
operating the works of the district, the waters thereof OF IT, or 1,056
the parks, parkways, forests, and recreational facilities thereof 1,057
OF IT, or in minimizing or preventing damage to the properties, 1,059
works, and improvements of the district from soil erosion, or for 1,060
making surveys and investigations or reports thereon. The board 1,061
may purchase, lease, or acquire land or other property in 1,062
adjoining states to secure outlets or for other purposes of 1,063
23
sections 6101.01 to 6101.84, inclusive, of the Revised Code, THIS 1,064
CHAPTER and may let contracts or spend money for securing such 1,065
THE outlets or other works in adjoining states. 1,066
Sec. 6101.25. The board of directors of a conservancy 1,075
district may construct, improve, operate, maintain, and protect 1,076
parks, parkways, forest preserves, bathing beaches, playgrounds, 1,077
and other recreational facilities upon the lands owned or 1,078
controlled by the district, or upon lands located within the 1,079
district owned or controlled by the United States government or 1,080
any department thereof OF IT, by the THIS state of Ohio or any 1,082
department or division thereof OF IT, or by any political 1,083
subdivision, if authorized by lease, contract, or other 1,085
arrangements with the appropriate agency of government having 1,086
such ownership or control, and. THE BOARD may acquire by lease, 1,088
purchase, or appropriation property additional to that required 1,089
for the purposes for which the district was incorporated, in 1,090
order to provide for the protection, more adequate development, 1,091
and fuller public use and enjoyment of such THE improvements and 1,093
facilities. The board may impose and collect charges for the use 1,094
of the properties, improvements, and facilities maintained or 1,095
operated by the district for recreational purposes. Moneys 1,096
collected from these charges may be used to promote the 1,097
district's recreational facilities. 1,098
In case the revenues derived or to be derived from the 1,100
properties, improvements, and facilities maintained, operated, 1,101
used, or acquired by the district for recreational purposes are 1,102
not sufficient for the purposes of this section, the board, with 1,103
the approval of the court, may provide for the payment of 1,104
obligations incurred under this section by either or both the 1,105
following methods, as determined by the court: 1,106
(A) The levy of taxes upon all the taxable property of the 1,108
district; 1,109
(B) The THE levy of special assessments upon public 1,111
corporations having lands within the district. 1,112
24
In no case shall such THE obligations INCURRED UNDER THIS 1,114
SECTION be paid from the proceeds of special assessments levied 1,116
under section 6101.48 or 6101.53 of the Revised Code, or of bonds 1,117
or notes issued in anticipation thereof OF THEM. If the first 1,118
such method is approved by the court, the board may levy in any 1,120
year taxes of not to exceed one-tenth of one mill upon the 1,121
taxable real and personal property of the district for the 1,122
purposes of this section, and in anticipation of the collection 1,123
thereof, the board may issue bonds and notes for the acquisition 1,124
and construction of the properties and improvements authorized by 1,125
this section. Such bonds and notes shall be issued in the manner 1,126
and subject, so far as applicable, to the conditions provided by 1,127
sections 6101.50, 6101.51, and 6101.52 of the Revised Code. In 1,128
case the second method is AFTER SPECIAL ASSESSMENTS AGAINST THE 1,129
PUBLIC CORPORATIONS ARE approved by the court, the board of 1,130
appraisers of the conservancy district shall appraise the 1,131
benefits to be conferred on each public corporation containing 1,132
lands within the district by reason of the acquisition and 1,133
construction of the properties and improvements authorized by the 1,134
board of directors under this section, and shall appraise the 1,135
damages accruing to persons and public corporations therefrom 1,136
FROM THE IMPROVEMENTS. Sections 6101.01 to 6101.84 of the 1,137
Revised Code, with reference THE PROVISIONS OF THIS CHAPTER THAT 1,138
REFER to the determination of benefits and damages, apply to such 1,140
THE appraisals made under this section, but they shall be 1,142
separate from other appraisals of benefits and damages made under 1,143
such sections THIS CHAPTER, and separate records thereof OF THEM 1,145
shall be prepared. After the appraisal of benefits has been 1,147
approved by the court, and within the amount of benefits so 1,148
determined, the board of directors may levy assessments on the 1,149
public corporations benefited to pay the cost of the properties 1,150
and improvements acquired and constructed under this section, and 1,151
may issue bonds and notes in anticipation of the collection of 1,152
such THESE assessments. In addition, the board of directors may 1,154
25
annually levy a maintenance assessment for the purposes of this 1,155
section on such THE public corporations upon the basis of total 1,157
appraised benefits. Sections 6101.01 to 6101.84, inclusive, of 1,158
the Revised Code, relating THE PROVISIONS OF THIS CHAPTER THAT 1,159
RELATE to assessments for district purposes and to bonds and 1,160
notes issued in anticipation thereof OF THE ASSESSMENTS apply to 1,161
the assessments authorized under this section and the bonds and 1,163
notes issued in anticipation of such THE assessments. 1,164
Improvement, bond retirement, and maintenance funds shall be 1,165
established for recreational purposes in conformity with section 1,166
6101.44 of the Revised Code, which shall be separate from one 1,167
another and from other funds of the district, and no transfers 1,168
shall be made thereto TO THEM from the other funds of the 1,169
district unless the court, prior to June 1, 1965, determines that 1,170
such transfer will not include proceeds of special assessments 1,171
levied under section 6101.48 or 6101.53 of the Revised Code, or 1,172
of bonds or notes issued in anticipation of the collection 1,173
thereof, and approves the transfer as a transfer of surplus 1,174
moneys as provided in section 6101.44 of the Revised Code. The 1,175
proceeds of all bonds, notes, taxes, and assessments authorized 1,176
by this section and all receipts derived from the recreational 1,177
properties, improvements, and facilities owned, controlled, 1,178
operated, or maintained by the district shall be paid into such 1,179
THOSE funds, and all expenditures in accordance with this section 1,181
shall be made therefrom FROM THEM. 1,182
Sec. 6101.30. If the report of the board of appraisers of 1,191
a conservancy district includes recommendations that other lands 1,192
and public corporations be included in the district, or that 1,193
certain lands and public corporations be excluded from the 1,195
district, the clerk of the court before which the proceeding is 1,196
pending shall give notice to the owners of such THAT property and 1,197
TO THE public corporations by publication to be made as provided 1,198
in sections 6101.01 to 6101.84, inclusive, of the Revised Code, 1,199
for NOTICE OF a hearing on the petition for the creation of the 1,201
26
district. Such THE notice to those owners whose lands are or the 1,202
public corporations to be added to the district may be 1,203
substantially as shown in the schedule in section 6101.84 of the 1,204
Revised Code. The time and place of the hearing may be the same 1,206
as those of A hearing on appraisals. To the owners of property 1,208
and public corporations to be excluded from the district, it will 1,209
be IS sufficient to notify them of that fact.
Sec. 6101.31. The board of appraisers of a conservancy 1,218
district shall prepare a report of its findings which shall be 1,219
arranged in tabular form and bound in loose-leaf book form, and 1,220
which THAT shall be known as the "conservancy appraisal record." 1,222
Such THE record shall contain the name of the owner of property 1,223
appraised as it appears on the tax duplicate or the deed records 1,224
if ascertainable therefrom FROM THEM, the tax mailing address or 1,225
other known address of such THE owner if ascertainable, a 1,227
description of the property appraised, the amount of benefits 1,228
appraised, the amount of damages appraised, and the appraised 1,229
value of land or other property which THAT may be taken for the 1,230
purposes of the district. In case benefits are appraised 1,232
accruing to a public corporation as an entity, the name and, if 1,233
ascertainable, address of such THE public corporation and the 1,235
amount of the benefit appraised shall be entered in such THE 1,236
record. The board shall also report any other benefits or 1,238
damages or any other matter which THAT, in its opinion, should be 1,240
brought to the attention of the court. No error in the names or 1,241
addresses of the owners of real property or in the descriptions 1,242
thereof OF THE PROPERTY shall invalidate said THE appraisal or 1,243
the levy of assessments or taxes based thereon ON IT, if 1,244
sufficient description is given to identify such THE real 1,246
property.
When such THE report is completed, it shall be signed by at 1,248
least a majority of the board and deposited with the clerk of the 1,249
court, who shall file it in the original case. At the same time, 1,251
copies of that part of the report giving the appraisal of 1,252
27
benefits and appraisals of land to be taken and of damages in any 1,253
county shall be made, AND certified to, and filed with the clerk 1,255
of the court of common pleas of such THAT county. 1,256
Sec. 6101.32. Upon the filing of the report of the board 1,265
of appraisers of a conservancy district under section 6101.31 of 1,266
the Revised Code, the clerk of the court shall give notice 1,267
thereof OF THE FILING by publication, as provided in sections 1,268
6101.01 to 6101.84, inclusive, of the Revised Code, in each 1,270
county in the district in which property included in the 1,271
CONSERVANCY appraisal record is located. Said THE notice shall 1,273
be substantially as set forth in division (F) of section 6101.84 1,274
of the Revised Code. It is not necessary for said THE clerk to 1,275
name the parties interested, except that such AND THE notice 1,277
shall be addressed "To All Known and Unknown Persons or Public 1,279
Corporations Interested" and in addition shall specifically 1,280
designate the name of each known party whose tax mailing or other 1,281
address cannot be ascertained as disclosed by the affidavit 1,282
referred to in this section, but the name of any such party need 1,283
be designated only in the publication made in the county or 1,284
counties wherein lands, or interests in lands, owned by the party 1,285
and affected by the report are located." IT
It is not necessary to describe separate lots or tracts of 1,286
land in giving said THE notice, but the heading of such THE 1,288
notice and the text thereof OF IT shall give, and it is 1,289
sufficient if each gives, such descriptions as THAT will enable 1,291
the owner of land or the owner of an interest of record therein 1,293
IN LAND to determine whether or not his THE OWNER'S land OR 1,296
INTEREST is covered by such THE descriptions. For instance, it 1,297
is sufficient to state in the heading "NOTICE OF HEARING ON 1,298
APPRAISALS ON LANDS LYING IN ...................., 1,299
...................., and .................... TOWNSHIPS AND IN 1,300
THE CITIES OR VILLAGES OF ...................., 1,301
...................., and .................... in 1,302
.................... COUNTY," and it is sufficient to state in 1,303
28
the text "All land lying in the .................... ward of the 1,304
city of ....................," or "All land abutting on 1,305
.................... street in the city of ....................," 1,306
or "All land lying west of .................... river and east of 1,307
.................... railroad in .................... township," 1,308
or any other general description pointing out the lands involved. 1,309
Where IF lands in different counties are mentioned in said 1,312
THE report, it is not necessary to publish a description of all 1,313
the lands in the district in each county, but only of that part 1,314
of said THE lands located in the county in which publication is 1,315
made. 1,316
The board of directors of such THE conservancy district 1,318
shall, on or before the date of first THE publication of the 1,320
notice provided for in this section, cause to be mailed SHALL 1,321
MAIL by first class mail to the APPLICABLE public corporations 1,323
and to the owners of property whose names and respective tax 1,325
mailing or other known addresses are ALL OTHER KNOWN PERSONS 1,326
HAVING AN INTEREST OF RECORD IN PROPERTY THAT IS TO BE TAKEN OR
IS DAMAGED AND WHOSE TAX MAILING OR OTHER KNOWN ADDRESS IS 1,327
disclosed by the affidavit referred to in this section a notice 1,328
which in each case THAT shall be directed to such respective THE 1,329
APPROPRIATE address and which, shall advise the addressee thereof 1,331
of the date of the filing, and place of filing, of the report of 1,333
the board of appraisers, and SHALL STATE that the addressee has 1,334
the right to file exceptions to the report on or before a 1,336
specified date and to be heard thereon in the county where his 1,337
THE ADDRESSEE'S property is located at the time and place fixed 1,338
by the court as provided by section 6101.33 of the Revised Code. 1,339
In addition the notice shall contain, if the report includes an 1,340
appraisal of benefits affecting the addressee, THE NOTICE SHALL 1,341
CONTAIN a statement that such THE benefits have been appraised 1,343
and that assessments may be levied based upon, and not in excess 1,345
of, such THE appraisal, and SHALL GIVE the dollar amount of the 1,347
appraisal, shall contain, if. IF the report includes an 1,349
29
appraisal of property of the addressee THAT IS to be taken or 1,350
THAT IS damaged, THE NOTICE SHALL CONTAIN a statement that such 1,352
THE property or the damage thereto TO IT has been appraised and 1,353
SHALL GIVE the dollar amount of such THAT appraisal, and. THE 1,354
NOTICE, ALSO shall contain any volume designation and page number 1,355
of the report at which any appraisal affecting the addressee 1,356
appears and a brief description of the property appraised as 1,357
referred to in section 6101.31 of the Revised Code. In the case 1,358
of property to be taken or damaged the board of directors shall 1,359
cause like notice to be mailed on the same date to all other 1,360
known persons having an interest of record in such property whose 1,361
tax mailing or other known address is disclosed by the affidavit 1,362
referred to in this section. The 1,363
THE secretary of the conservancy district, or his THE 1,365
SECRETARY'S deputy, as ex officio secretary of the board of 1,367
appraisers, shall prepare and file with the clerk of the court on 1,368
the date of the mailing of the notices provided for in this 1,369
section an affidavit attesting in substance that, as of the date 1,370
of the mailing of the notices, the affiant has determined that 1,371
the names of all APPLICABLE public corporations, and the names of 1,372
the owners of all the property affected by the report of the 1,374
board of appraisers THAT IS TO BE TAKEN OR THAT IS DAMAGED, where 1,375
such THOSE names are ascertainable, together with their 1,376
respective tax mailing or other known addresses where 1,377
ascertainable, are listed in the report of the board of 1,378
appraisers with the exception of such differing names or 1,379
addresses as may be specifically set forth in the affidavit,; 1,380
that no names and no tax mailing or other known addresses are 1,382
ascertainable except as may be disclosed by such THE report as 1,383
supplemented by the affidavit,; and that notices have been mailed 1,385
as provided for in this section to each public corporation and to 1,386
each owner of property having a tax mailing or other known 1,387
address as shown by such report or affidavit and to all other 1,388
persons having an interest of record in property THAT IS to be 1,389
30
taken or THAT IS damaged AND whose interest is known or can be 1,390
ascertained from such THE record. Such THE affidavit shall be 1,392
given on the basis of available information and after the 1,394
exercise of reasonable diligence, and the affidavit IT shall so 1,395
state. Such THE affidavit shall be prima-facie evidence of the 1,397
matters attested to therein IN IT. 1,398
Sec. 6101.33. Any property owner or public corporation may 1,407
accept the appraisals in its favor of benefits and, of damages, 1,409
and of lands to be taken made by the board of appraisers of a 1,410
conservancy district, or may acquiesce in the board's failure to 1,411
appraise damages in its favor, and shall be construed to have 1,412
done so unless, within thirty days after the last publication 1,413
provided for in section 6101.32 of the Revised Code, or such 1,414
additional time as may be granted by the presiding judge of the 1,415
court, it THE PROPERTY OWNER OR PUBLIC CORPORATION files 1,416
exceptions to said THE report or to any appraisal of either 1,418
benefits or, damages, or of land to be taken which THAT may be 1,419
appropriated. All exceptions shall be heard by the court 1,420
beginning not less than forty nor OR more than fifty days after 1,421
the last publication provided for in such THAT section, and 1,423
determined in advance of other business so as to carry out, 1,425
liberally, the purposes and needs of the district. The court 1,426
shall provide for the hearing on the exceptions in the county 1,427
seat of each county wherein IN WHICH property is located with 1,428
respect to which an exception or exceptions have been filed at a 1,430
time and place fixed by the court. Notice of the time and place 1,431
of the hearing of his AN exception shall be given the exceptor in 1,432
such manner as the court may direct. The hearing conducted in a 1,433
particular county shall be limited to testimony presented by the 1,434
district and by exceptors whose exceptions relate to property 1,435
located within said THAT county. The 1,437
THE court may, if it deems CONSIDERS IT necessary, appoint 1,440
one or more special master commissioners MAGISTRATES, each to be 1,441
assigned by the court to conduct one or more of the hearings on 1,443
31
the exceptions as required by this section and, to cause MAKE a 1,445
record to be made of each of such THE hearings, and to report 1,447
such THE record, together with findings and recommendations, back 1,449
to the court. Such special master commissioners THE MAGISTRATES 1,450
shall have the usual powers possessed by special master 1,452
commissioners as specified in section 2315.42 of the Revised Code 1,453
MAGISTRATES, shall have the cooperation of the officials of the 1,455
district in determining any facts relative to the CONSERVANCY
appraisal report RECORD, and may use any abstracts, title 1,457
certificates, title reports, or other information that the 1,459
district has relative to any of the properties included on IN the 1,460
appraisal report RECORD. The 1,461
THE court may cancel the scheduled hearing in any county 1,463
having few exceptors, providing such PROVIDED THAT THE exceptors 1,464
are given advance notice, in such A manner as the court may 1,466
direct, of the time and place of hearing in a nearby county at 1,467
which they THE EXCEPTORS shall be heard upon their several 1,469
objections. The
THE court may, if it deems CONSIDERS IT necessary, return 1,472
the report CONSERVANCY APPRAISAL RECORD to the board for its 1,473
further consideration and amendment, and enter its order to that 1,474
effect. If the appraisal record as a whole is referred back to 1,475
the board, the court shall not resume the hearing thereof ON IT 1,476
without new notice, as for an original hearing thereon ON IT. 1,478
The court may, without losing jurisdiction over the appraisal 1,479
record, order the board to recast the appraisal record when the 1,480
order of the court specifies the precise character of the changes 1,481
thereof.
Sec. 6101.36. No property shall be taken under sections 1,490
6101.01 to 6101.84, inclusive, of the Revised Code, THIS CHAPTER 1,492
until compensation has been paid according to law. But where IF 1,494
a trial is had by jury, and a verdict has been IS rendered which 1,495
has been THAT IS confirmed by the trial court, the board of 1,496
directors of the conservancy district may pay the amount allowed 1,498
32
into court in money with the costs, and thereupon such, AT THAT 1,499
TIME, THE court shall make an order admitting the district into 1,501
possession of the property and confirming its title thereto TO 1,502
THE PROPERTY, although the owner may take steps to take the case 1,505
to a higher court. Thereupon AT THAT TIME, the board may enter 1,507
into undisturbed possession of the property and rights involved.
Sec. 6101.38. After a certified copy of the entry of the 1,516
court and of the appraisals as confirmed by the court, except 1,517
those parts from which appeals have been perfected but not 1,518
determined, is transmitted to the secretary of the conservancy 1,519
district as provided by section 6101.37 of the Revised Code, the
board of directors of the conservancy district may deposit with 1,520
the court the amount of any such confirmed appraisal of 1,521
compensation or damages, from the award of which no appeal has 1,523
been taken, for any property or interest therein IN PROPERTY as 1,525
included in the CONSERVANCY appraisal record and confirmed by the
court. The court THEN shall thereupon enter an order admitting 1,527
the district into possession of all such OF THE property for 1,529
which payment has been deposited, and confirming its title 1,530
thereto TO THAT PROPERTY. The clerk of such THE court shall have 1,532
so much of such THE order recorded in the office of the county 1,533
recorder of the county where the land is located as will show the 1,534
transfer of title. The owners of such THE property THEN shall 1,535
thereupon have an interest in the fund so deposited to the extent 1,536
of their respective interests in the property taken or damaged. 1,537
The court shall appoint a master commissioner MAGISTRATE 1,539
who, upon giving bond in the amount and manner ordered by the 1,541
court, shall receive all applications of owners, lienholders, and 1,542
other persons claiming an interest in any of the property 1,543
acquired by the district through the appraisal record, conduct
necessary hearings, and report to the court from time to time as 1,544
to the persons entitled to payment out of said funds, THE FUND 1,546
and the amount due each. The court, if satisfied that such THE 1,548
report is correct, shall thereupon order the master commissioner 1,550
33
MAGISTRATE and the clerk to countersign vouchers for the payment 1,551
of the money to the persons entitled thereto TO IT. In the event 1,552
of conflicting claims to said THE fund, such THE claims may be 1,554
submitted and determined in the court and, proceedings shall be 1,556
had as provided in section 163.18 of the Revised Code, in so far 1,557
INSOFAR as such THAT section is applicable to this section, and 1,558
the costs of such THE proceedings shall be paid by the claimants. 1,560
All interest income from said THE fund shall be paid to the 1,562
district, and all costs of administering and handling the fund 1,563
deposited with the court shall be paid by the district. The 1,564
master commissioner MAGISTRATE shall have the usual powers 1,565
possessed by master commissioners MAGISTRATES, shall have the 1,567
cooperation of the district in determining the proper parties
entitled to said THE fund, and may use any abstracts, title 1,568
certificates, title reports, or other information that the 1,570
district has relative to any of the properties acquired by the 1,571
district on the appraisal record.
If the district acquired any of the property or interests 1,573
appearing on the appraisal record by contract without the 1,574
intervention of such master commissioner THE MAGISTRATE, the 1,575
court shall order the return to the district of so much of said 1,576
THE fund as represents the property or interest so acquired. 1,577
Sec. 6101.39. The board of directors of a conservancy 1,586
district may, at any time after the CONSERVANCY appraisal record 1,587
is filed, when necessary to fulfill the objects for which the 1,589
district was created, alter or add to the official plan by 1,590
amendment thereof. Such alterations or additions may be 1,591
alterations in or additions to improvements previously provided 1,592
for in the official plan or may consist of new works or 1,593
improvements for the accomplishment of the purposes for which the 1,594
district was created THAT WERE not previously provided for in the 1,596
official plan. When such alterations or additions are formally 1,597
approved by the board and by the court, and are filed with the 1,598
secretary of the conservancy district, they shall become part of 1,599
34
the official plan for all purposes of sections 6101.01 to 6101.84 1,600
of the Revised Code THIS CHAPTER. Where IF such alterations or 1,602
additions in the judgment of the court neither materially modify 1,603
the general character of the work, nor materially increase 1,604
resulting damage for which the board is not able to make amicable 1,605
settlement, nor increase the cost more than ten per cent, no 1,606
action other than a resolution of the board is necessary for the 1,607
approval of such alterations or additions. Any alteration or 1,608
addition to the official plan relating to the provision of water 1,609
supply or the collection and disposal of sewage and liquid wastes 1,610
requires the approval of the environmental protection agency. In 1,611
case IF the proposed alterations or additions materially modify 1,612
the general character of the work, or materially modify the 1,613
resulting damages or materially reduce the benefits, for which 1,614
the board is not able to make amicable settlement, or materially 1,615
increase the benefits in such a manner as to require a new 1,616
appraisal, or increase the cost more than ten per cent, the court 1,617
shall direct the board of appraisers of the conservancy district, 1,618
which may be the original board, or a new board appointed by the 1,619
court on petition of the board of directors or otherwise, to 1,620
appraise the property to be taken, benefited, or damaged by the 1,621
proposed alterations or additions. 1,622
Upon the completion of the report by the board of 1,624
appraisers, notice shall be given and a hearing had on its report 1,625
in the same manner as in the case of the original report of the 1,626
board of appraisers, and the same right of appeal to a jury 1,627
exists. When the only question at issue is additional damages or 1,628
reduction of benefits to property due to modifications or 1,629
additions to the plans, the board of directors may, if it finds 1,630
it practicable, make settlements with the owners of the property 1,631
damaged instead of having appraisals made by the board of 1,632
appraisers. In case such settlements are made, notice and 1,633
hearing need not be had. After bonds have been sold, in order 1,634
that their security may not be impaired, no reduction shall be 1,635
35
made in the amount of benefits appraised against property in the 1,636
district, but in lieu of such reductions in benefits, if any are 1,637
made, the amount shall be paid to the party in cash. This section 1,638
applies to all changes in appraisals under sections 6101.01 to 1,639
6101.84 of the Revised Code THIS CHAPTER. 1,640
Sec. 6101.40. No appeal under sections 6101.01 to 6101.84, 1,649
inclusive, of the Revised Code, THIS CHAPTER shall be permitted 1,651
to interrupt or delay any action or the prosecution of any work 1,653
under such sections THIS CHAPTER, except where the party 1,654
appealing is entitled to a jury under the constitution of the 1,655
state, and such THE jury trial has not been had, in which case 1,657
only so much of the work shall be interrupted or delayed as would 1,658
constitute a taking of or a damaging of the property of the 1,659
appellant.
The board of directors of a conservancy district may appeal 1,661
from any order of the court of common pleas made in any 1,662
proceeding under such sections THIS CHAPTER not requiring the 1,664
intervention of a jury.
The failure to appeal from any order of the court in any 1,666
proceedings under sections 6101.01 to 6101.84, inclusive, of the 1,667
Revised Code, THIS CHAPTER within the time specified in such 1,670
sections THIS CHAPTER constitutes a waiver of any irregularity in 1,671
the proceedings, and the. THE remedies provided for in such 1,673
sections THIS CHAPTER exclude all other remedies except as 1,674
provided in such sections THIS CHAPTER.
Sec. 6101.41. If any lands in any conservancy district are 1,683
not liable for taxation or assessment at the time of the 1,684
execution of the work, but afterwards, during the period when 1,685
such THE work is being paid for, become liable to taxation or 1,687
assessment by reason of some change in condition or ownership, 1,688
such THE lands THEN shall thereupon be appraised and assessed as 1,690
other lands in said THE district receiving equal benefits. 1,691
Sec. 6101.42. In case IF any real property or public 1,700
corporation within or without any conservancy district is 1,702
36
benefited which AND for any reason was THE BENEFITS WERE not 1,703
appraised in the original proceedings, or was WERE not appraised 1,705
to the extent of THE benefits received, or in case IF any person 1,706
or public corporation makes use of or profit by the works of any 1,708
district to a degree not compensated for in the original 1,709
appraisal, or in case IF the board of directors of the
conservancy district finds it necessary, subsequent to the time 1,711
when the first appraisals are made, to take or damage any 1,712
additional property, the board of directors, at any time such A 1,713
condition becomes evident, shall direct the board of appraisers 1,714
of the conservancy district to appraise the benefits or the 1,715
enhanced benefits received by such THE property or public 1,716
corporation, or such THE damages or value of property taken. 1,718
Proceedings outlined in sections 6101.01 to 6101.84, inclusive, 1,719
of the Revised Code, THIS CHAPTER for appraising lands not at 1,720
first included within the boundaries of the district shall in all 1,721
matters be conformed with including notice to the parties, or the 1,722
board of directors may make any suitable settlement with such THE 1,723
person or public corporation for such THE use, benefit, damage, 1,725
or property taken.
Sec. 6101.43. No fault in any notice or other proceedings, 1,734
whether by reason of noncompliance with the requirements of 1,735
sections 6101.01 to 6101.84, inclusive, of the Revised Code, THIS 1,736
CHAPTER or with any applicable constitutional requirements, or 1,738
otherwise, shall affect the validity of any proceeding under
sections 6101.01 to 6101.84, inclusive, of the Revised Code THIS 1,739
CHAPTER, except to the extent to which it can be shown that such 1,741
THE fault resulted in a material denial of justice to the 1,743
property owner or public corporation complaining of such THE 1,744
fault.
If it is found upon a hearing that, by reason of some 1,746
irregularity or defect in the proceedings, the appraisal has not 1,748
been properly made, the court may nevertheless, on having proof 1,750
that expense has been incurred which is a proper charge against 1,751
37
the property of the person, or against the public corporation,
complaining of such THE irregularity or defect, render a finding 1,752
as to the amount of benefits to said THE property or public 1,754
corporation, and appraise the proper benefits accordingly, 1,756
subject to a claim for a jury as provided in section 6101.35 of 1,757
the Revised Code, where the party is entitled thereto TO IT. 1,758
Thereupon said AT THAT TIME, THE land or public corporation shall 1,759
be assessed as other land or public corporations equally 1,761
benefited. If, at any time either before or after the issuance 1,763
of bonds or notes pursuant to sections 6101.01 to 6101.84,
inclusive, of the Revised Code THIS CHAPTER, the appraisal of 1,765
benefits, either as a whole or in part, is declared by any court 1,767
of competent jurisdiction to be invalid by reason of any defect 1,768
or irregularity in the proceedings therefor, whether
jurisdictional or by reason of noncompliance with any of the 1,770
requirements of sections 6101.01 to 6101.84, inclusive, of the 1,772
Revised Code, THIS CHAPTER or with any applicable constitutional 1,774
requirements, or otherwise, the court of common pleas, on the
application of the board of directors of the conservancy district 1,775
or on the application of any holder of any bonds or notes which 1,776
THAT have been issued pursuant to such sections THIS CHAPTER, 1,779
shall promptly and without delay remedy, or cause to be remedied, 1,782
all defects or irregularities as the case requires and, for such 1,783
THE purpose, may direct the board of appraisers of the 1,784
conservancy district to make, in the manner provided in section 1,787
6101.28 of the Revised Code, a new appraisal of the amount of 1,788
benefits against the whole or any part of the lands or any public 1,789
corporation in said THE district as the case requires and may 1,790
order a new hearing to be held after giving of notice thereof OF 1,791
THE HEARING in compliance with the requirements of sections 1,793
6101.01 to 6101.84, inclusive, of the Revised Code THIS CHAPTER, 1,794
or such other and further notice as the court shall prescribe to 1,795
comply with any applicable constitutional requirements. 1,796
Sec. 6101.44. The moneys of every conservancy district 1,805
38
shall be administered through the following funds: 1,806
(A) The "preliminary fund," consisting of the proceeds of 1,808
the preliminary assessment levied under authority of section 1,809
6101.45 of the Revised Code, and any advances of assessments 1,810
obtained or notes issued in accordance with section 6101.46 of 1,811
the Revised Code, and any contribution or appropriation by the 1,812
state of Ohio under authority of section 6101.45 of the Revised 1,813
Code, which shall be used for the payment of expenses incurred 1,814
for the purposes for which such preliminary assessments and 1,815
contributions are authorized; 1,816
(B) The "improvement fund," consisting of the proceeds of 1,818
all special assessments the collection of which has not been 1,819
anticipated in the issuance of bonds or notes and the proceeds of 1,820
all bonds and notes, other than bonds to retire notes, issued 1,821
under section 6101.50 of the Revised Code, which shall be used 1,822
for defraying expenditures incurred in the execution of the 1,823
official plan and the acquisition or construction of properties, 1,824
works, and improvements of the district, including the cost of 1,825
preparing the official plan and the appraisal, the entire cost of 1,826
construction and superintendence, with all charges incidental 1,827
thereto, and the cost of administration during the period of 1,828
construction and may also be used for defraying preliminary 1,829
expenses in accordance with section 6101.46 of the Revised Code 1,830
and repayment to the preliminary fund, in the manner and to the 1,831
extent provided by this section, of expenditures therefrom FROM 1,832
IT; 1,833
(C) The "bond retirement fund," consisting of the proceeds 1,835
of all special assessments the collection of which has been 1,836
anticipated in the issuance of bonds or notes together with all 1,837
other receipts pledged for the retirement of bonds or notes or 1,838
the payment of interest thereon ON THE BONDS OR NOTES, which 1,839
shall be used only for such THOSE purposes; 1,840
(D) The "maintenance fund," consisting of the proceeds of 1,842
maintenance assessments levied annually in accordance with 1,843
39
section 6101.53 of the Revised Code, earnings from the operation 1,844
of the works of the district, and all receipts not otherwise 1,845
assigned by law or by order of the board of directors of the 1,846
conservancy district, which shall be used for the payment of 1,847
operation, maintenance, and other current expense of the 1,848
district. 1,849
Before levying any assessment to pay the cost of an 1,851
improvement, the board of directors shall determine the amount 1,852
expended and to be expended from the preliminary fund for surveys 1,853
and plans, appraisals, hearings, administration, court costs, and 1,854
other incidentals that equitably should be repaid to the 1,855
preliminary fund. Such THE amount may be all or any portion of 1,856
the preliminary expenses for the improvement. When specified by 1,858
resolution of the board of directors, such THE amount shall be 1,859
included in the costs to be paid from the assessments upon 1,860
benefited property, and shall be transferred from the improvement 1,861
fund to the preliminary fund. 1,862
The board may establish separate or special funds of each 1,864
class for each or any designated purpose for which the district 1,865
is incorporated. Any surplus moneys in any fund of the district 1,866
may be transferred to any other such fund by the board with the 1,867
approval of the court, but no transfer shall be made from the 1,868
bond retirement fund prior to the final maturity of the bonds and 1,869
notes payable therefrom FROM IT, and no transfer shall thereafter 1,871
be made which would reduce the balance in such THE fund below the 1,872
amount required for the payment of all obligations outstanding 1,873
against such THE fund. 1,874
No money shall be drawn from the treasury of the district, 1,876
and no obligation for the expenditure of money shall be incurred, 1,877
except in pursuance of an appropriation by the board. This 1,878
prohibition does not apply to funds placed at the place of 1,879
payment by the treasurer of the conservancy district for the 1,880
payment of maturing bonds and notes and interest thereon ON THEM 1,881
in accordance with section 6101.51 of the Revised Code. At or 1,883
40
before the opening of each fiscal year, which shall correspond to 1,884
the calendar year unless a different year is authorized by the 1,885
auditor of state, the board shall adopt a resolution making 1,886
appropriations for the ensuing year. Such THE appropriation 1,887
resolution may be amended or supplemented by the board. The 1,888
total amount appropriated from any fund for any year shall not 1,889
exceed the sum of the unencumbered balance in the fund at the 1,890
beginning of the year and the amounts to be received during such 1,891
THE year from bonds authorized, and taxes and special assessments 1,893
imposed prior to their appropriation, together with all other 1,894
moneys estimated to be received by the fund during the year. At 1,895
the close of each fiscal year, all unencumbered balances of 1,896
appropriations shall revert to the funds from which they were 1,897
made and shall be subject to reappropriation. 1,898
No contract shall be let ENTERED INTO, and no order shall 1,900
be issued, involving the expenditure of money unless the 1,902
accounting officer of the district first certifies that the 1,903
amount required to meet the expenditure or, in the case of a 1,904
continuing contract to be performed in whole or in part in a 1,905
subsequent fiscal year, the amount required to meet the contract 1,906
in the year in which the contract is made, has been lawfully 1,907
appropriated for such THE purpose and is in the treasury or in 1,909
process of collection to the credit of an appropriate fund free 1,910
from previous encumbrances. Accounts shall be kept in such form 1,911
as to show at all times the true condition of each appropriation. 1,912
Sec. 6101.441. In the event of the dissolution or 1,921
disorganization of any conservancy district organized pursuant to 1,922
sections 6101.01 to 6101.84 of the Revised Code THIS CHAPTER, the 1,924
board of directors of such THE district shall determine the 1,925
amount of funds of the district not needed for the payment of the 1,927
expenses and indebtedness of the district and shall, upon such 1,928
THE dissolution or disorganization, forthwith distribute such THE 1,930
funds among the various counties comprising such THE district in 1,931
the same proportion as the funds of the district were received 1,933
41
from such THE counties whether by donation, assessment, tax, or 1,935
otherwise. The amount due each county shall be paid to the 1,936
treasurer of such THE county and shall be placed and held by him 1,938
in a separate fund to be known as the "conservancy district 1,939
fund."
If a petition for the establishment of a new political 1,941
subdivision whose primary purpose is flood control, water 1,942
conservation, water supply, or water management, THAT IS 1,943
authorized under either sections 6101.01 to 6101.84 of the 1,945
Revised Code, THIS CHAPTER or under any other sections of the 1,947
Revised Code, and which THAT includes such THE county or a part 1,949
thereof, OF IT is pending at the time of, or is filed within one 1,951
year after the receipt of such THE moneys by such THE treasurer, 1,953
and such THE new political subdivision is subsequently organized, 1,955
or if such THE new political subdivision has been organized at 1,956
the time such THE moneys are received by the treasurer, such THE 1,958
treasurer shall, upon the written request of the directors of 1,960
such THE new political subdivision, forthwith pay over all funds 1,961
in such THE conservancy district fund to such THE new political 1,963
subdivision, and said THE subdivision may use and expend said THE 1,965
moneys for any purpose or purposes authorized by the sections of 1,966
the Revised Code under which it has been organized. As used in 1,967
this section, "new political subdivision" does not include the 1,968
following: any sewer district organized under any provisions of 1,969
the Revised Code; any sanitary district organized under sections 1,970
6115.01 to 6115.79 CHAPTER 6115. of the Revised Code; or any 1,972
joint county ditches or any interstate county ditches organized 1,973
under any provisions of the Revised Code. 1,974
If no petition for the organization of such a new political 1,976
subdivision is filed within one year after the receipt of such 1,977
THE money by the treasurer, he THE TREASURER shall, at the 1,979
expiration of such THE one-year period, transfer all moneys in 1,981
the conservancy district fund to a special fund of the county to 1,982
be held and used for drainage, flood control, water conservation, 1,983
42
water supply, or water management purposes in the areas therein 1,984
OF THE COUNTY from which such funds THE MONEYS were originally 1,986
derived. In the event such IF THE proposed political 1,987
subdivision, for the establishment of which a petition has been 1,988
filed within such THE one-year period, is not established or 1,990
organized, the treasurer shall make the same disposition of the 1,991
moneys in the conservancy district fund as in this paragraph 1,992
provided. 1,993
Sec. 6101.45. After the filing of a petition for the 2,002
organization of a conservancy district, and before the district 2,003
is organized, the costs of publication and other official costs 2,004
of the proceedings shall be paid out of the general funds of the 2,005
county in which the petition is pending. Such THE payment shall 2,006
be made on the warrant of the county auditor or on the order of 2,008
the court. If the district is organized, such THE costs shall be 2,009
repaid to the county out of the first funds received by the 2,011
district through levying of assessments or, selling of bonds, or 2,012
the borrowing of money. If the district is not organized, the 2,014
cost shall be collected from the petitioners or their bondsmen 2,015
BONDSPERSONS. Upon the organization of the district, the court 2,016
shall make an order indicating a preliminary division of the 2,018
preliminary expenses between the counties included in the 2,019
district in approximately the proportions of interest of the 2,020
various counties as estimated by said THE court. The court shall 2,021
issue an order to the auditor of each county to issue his A 2,023
warrant upon the county treasurer of his THE county to reimburse 2,024
the county having paid the total cost. 2,025
As soon as any district has been organized, and a board of 2,027
directors of the conservancy district has been appointed and 2,028
qualified, such THE board may levy upon the property within the 2,029
district in each of not more than two years a preliminary 2,030
assessment, based upon the benefit determined by the court as 2,031
provided by section 6101.08 of the Revised Code, but not to 2,032
exceed three-tenths of a mill on the assessed valuation thereof 2,033
43
OF THE PROPERTY, to be used for the purpose of paying expenses of 2,035
organization, for surveys and plans, appraisals, estimates of 2,036
cost, AND land options, and for other incidental expenses which 2,037
THAT may be necessary up to the time money is received from the 2,039
sale of bonds or otherwise. This assessment shall be certified 2,040
to the auditors of the various counties and by them to the 2,041
respective treasurers of their counties. If such THE items of 2,042
expense have already been paid in whole or in part from other 2,044
sources, they may be repaid from the receipts of such THE levy, 2,045
and such THE levy may be made although the work proposed may have 2,047
been found impracticable or for other reasons is abandoned. The 2,048
collection of such THE assessment shall conform in all matters to 2,050
the sections of the Revised Code governing the collection of 2,051
assessments levied by local political subdivisions, and the 2,052
sections of the Revised Code concerning the nonpayment of 2,053
assessments levied by local political subdivisions shall apply. 2,054
The board may borrow money in any manner provided for in sections 2,055
6101.01 to 6101.84, inclusive, of the Revised Code, THIS CHAPTER 2,056
and may pledge the receipts from such THE assessments for its 2,057
repayment, the information collected by the necessary surveys, 2,058
the appraisal of benefits and damages, and other information and 2,059
data being of real value and constituting benefits for which said 2,060
THE assessment may be levied. In case a district is disbanded 2,062
for any cause before the work is constructed, the data, plans, 2,063
and estimates which have been secure shall be filed with the 2,064
clerk of the court before which the district was organized and 2,065
shall be matters of public record available to any person 2,066
interested.
The board shall, upon levying the preliminary assessment, 2,068
certify to the director of the department of natural resources an 2,069
estimate of the amount of money the district will need to pay 2,070
expenses of organization, for surveys and plans, appraisals, 2,071
estimates of cost, AND land options, and FOR other incidental 2,073
expenses up to the time money is received by the district from 2,074
44
the sale of bonds or otherwise. The director, within sixty days 2,075
after the receipt of such THE certification, shall, upon finding 2,076
that the organization and operation of the district contribute to 2,078
the general welfare of the state, determine an equitable 2,079
percentage of the amount so certified to be paid by the state. 2,080
The director shall certify such THE determination to the board 2,081
and shall cause to be paid to the district, out of any moneys 2,083
appropriated to the department of natural resources for the 2,084
purpose of assisting conservancy districts to pay expenses of 2,085
organization, for surveys and plans, estimates of cost, AND land 2,086
options, and FOR other incidental expenses, the amount determined 2,087
by him THE DIRECTOR to be the equitable share of the state in 2,089
meeting such THE expenses. The director shall make available to 2,090
the board all plans, data, surveys, or other information, which 2,091
the department of natural resources or any division thereof OF IT 2,092
may have, which will be beneficial to the board in furthering the 2,093
purposes for which the district is organized. 2,094
Sec. 6101.48. After the CONSERVANCY appraisal record as 2,103
approved by the court, or that part thereof OF IT from which no 2,104
appeal is pending, has been filed with the secretary of the 2,106
conservancy district as provided in section 6101.37 of the 2,107
Revised Code, then from time to time, as the affairs of the 2,108
district demand it, the board of directors of the conservancy 2,109
district shall levy on all real property and on all public 2,110
corporations, upon which benefits have been appraised, an 2,111
assessment of such THE portion of said THE benefits as THAT is 2,113
found necessary by said THE board to pay the cost of the
execution of the official plan, including superintendence of 2,115
construction and administration, plus one-ninth of said THAT 2,116
total to be added for contingencies, but not to exceed in the 2,118
total of principal the appraised benefits so adjudicated. 2,119
Such THE assessment shall be apportioned to and levied on 2,121
each tract of land or other property and each public corporation 2,122
in the district in proportion to the benefits appraised, and not 2,123
45
in excess thereof OF THE BENEFITS APPRAISED. Interest at a rate 2,124
not to exceed the rate provided in section 9.95 of the Revised 2,126
Code, payable semiannually, shall be included in and added to the 2,127
said assessment, but such THE interest shall not be considered as 2,128
a part of the cost in determining whether or not the expenses and 2,130
costs of making the improvement are equal to or in excess of the 2,131
benefits appraised. 2,132
After the assessment is levied, the board shall report it 2,134
to the court for confirmation. Upon the entry of the order of 2,135
the court confirming the assessment, the clerk of the court shall 2,136
transmit a certified copy of the order to the governing or taxing 2,137
body of each political subdivision assessed, and the governing or 2,138
taxing body shall receive and file the order. Thereafter, the 2,139
board may order the issuance of notes in an amount not exceeding 2,140
ninety per cent of the assessment in anticipation of the 2,141
collection of the assessment. 2,142
After the court has confirmed the assessment, the secretary 2,144
of the conservancy district, at the expense of the district, 2,145
shall prepare in duplicate an assessment record of the district. 2,146
It shall be in the well-bound book indorsed and named 2,147
"Conservancy Assessment Record of . . . . . . . District." It 2,148
shall contain in tabular form a notation of the items of property 2,149
appraised and the public corporations to which benefits have been 2,150
appraised, the total amount of benefits appraised against each 2,151
item or public corporation, and the total assessment levied 2,152
against each item or public corporation. Where IF successive 2,153
levies of assessment are made for the execution of the official 2,155
plan and the acquisition or construction of improvements, the 2,156
conservancy assessment record shall contain suitable notations to 2,157
show the number of levies and the amount of each, to the end that 2,158
the conservancy assessment record may disclose the aggregate of 2,159
all such levies made up to that time. 2,160
Upon the completion of such THE CONSERVANCY ASSESSMENT 2,162
record, it shall be signed and certified by the president of the 2,164
46
board and by the secretary of the conservancy district, attested 2,165
by the seal of the district, and shall then be placed on file, 2,166
and become a permanent record in the office of said THE district. 2,168
After the expiration of the thirty-day period for the payment of 2,169
assessments as provided by section 6101.49 of the Revised Code, a 2,170
copy of that part of the conservancy assessment record affecting 2,171
lands or public corporations in any county shall be filed with 2,172
the county auditor of such THE county. 2,173
If it is found at any time that the total amount of 2,175
assessments levied is insufficient to pay the cost of works set 2,176
out in the official plan or of additional work done, the board 2,177
may make an additional levy to provide funds to complete the 2,178
work, provided the total of all levies of such THE assessment 2,179
exclusive of interest does not exceed the total of benefits 2,180
appraised. 2,181
Sec. 6101.49. When the conservancy assessment record is 2,190
placed on file in the office of the conservancy district, notice 2,191
by publication shall be given to property owners and public 2,192
corporations assessed that they may pay their assessments. Any 2,193
owner of real property or public corporation assessed for the 2,194
execution of the official plan under sections 6101.01 to 6101.84, 2,195
inclusive, of the Revised Code, THIS CHAPTER may pay such THE 2,198
assessment to the treasurer of the conservancy district within 2,201
thirty days from the time such THE assessment is placed on file 2,202
in the office of the district, and the amount to be so paid shall 2,203
be ninety per cent of the full principal amount of the assessment 2,204
exclusive of any amount added thereto TO IT to meet interest. 2,205
When such THE assessment has been paid, the secretary of the 2,208
conservancy district shall enter upon said THE assessment record 2,209
and the duplicate thereof opposite each item for which payment is 2,210
made, the amount paid and the words "paid in full," and such THE 2,212
assessment shall be deemed satisfied. The payment of such THE 2,214
assessment does not relieve the landowner or public corporation 2,216
from the necessity for the payment of a maintenance assessment 2,217
47
nor for OR FROM payment of any further assessment which THAT may 2,218
be necessary as provided in such sections THIS CHAPTER. Any 2,219
property owner or public corporation failing to pay assessments 2,222
in full as provided for in this section shall be deemed to have 2,223
consented to the issuance of bonds as provided for under sections 2,224
6101.01 to 6101.84, inclusive, of the Revised Code, THIS CHAPTER 2,226
and to payment of interest thereon ON THEM. If any assessment is 2,229
twenty-five dollars or less, or whenever the unpaid balance of 2,230
any such assessment is twenty-five dollars or less, the same 2,231
ASSESSMENT OR BALANCE shall be paid in full, and not in 2,232
installments, at the time the first or next installment would 2,233
otherwise become due and payable.
After the expiration of the period of thirty days within 2,235
which the property owners and public corporations may pay their 2,236
respective assessments, as limited in this section, the treasurer 2,238
of the conservancy district shall certify to the board of 2,240
directors of the conservancy district the aggregate of the amount
so paid, and thereupon the board THEN shall pass and spread upon 2,241
its records a resolution in which shall be stated the total 2,244
amount of the assessment, and THE amount thereof OF IT paid. 2,247
Thereupon the THE board shall, in the same resolution, apportion 2,248
the total of the unpaid assessments into annual installments and 2,249
provide for the collection of interest upon the unpaid 2,250
installments. Thereafter, it may order the issuance of bonds in 2,252
an amount not exceeding ninety per cent of the unpaid assessment
in anticipation of the collection of said THE installments. The 2,254
residue of the assessment so levied, not less than ten per cent, 2,256
shall constitute a contingent account to protect the bonds from 2,258
casual default, and any part thereof OF IT in excess of the sum 2,260
of the next two installments of semiannual interest and ten per 2,261
cent of the next installment of maturing bond principal, if not
needed for this purpose, may be used for the purchase and 2,262
retirement of bonds of the district at not to exceed par and 2,263
accrued interest or for the reduction of the rate of assessment 2,264
48
in succeeding years.
Sec. 6101.50. (A) The board of directors of a conservancy 2,273
district may, if in its judgment it seems best, issue bonds in an 2,274
amount not to exceed ninety per cent of the total amount of the 2,275
unpaid portion of an assessment, exclusive of interest, levied 2,276
under sections 6101.01 to 6101.84 of the Revised Code, in 2,277
denominations of not less than one hundred dollars, bearing 2,278
interest from date at a rate not to exceed the rate provided in 2,279
section 9.95 of the Revised Code, payable semiannually THIS 2,280
CHAPTER, to mature at annual or semiannual intervals within 2,282
thirty years, commencing not later than five years, to be 2,283
determined by the board. Both principal and interest shall be 2,284
payable at the office of the treasurer of state. Whenever the 2,285
board determines to issue bonds in anticipation of the collection 2,286
of the installments of an assessment, it shall adopt a 2,287
resolution, to be known as the resolution of necessity, declaring 2,288
the necessity of such THE bond issue, and its purpose, and ITS 2,289
amount. Thereafter from time to time, prior to and in 2,291
anticipation of the issuance and sale of such THOSE bonds, the 2,293
board may borrow money and issue notes therefor in aggregate 2,294
amount not in excess of the amount of such bond issue, bearing 2,295
interest at a rate not in excess of the rate provided in section 2,296
9.95 of the Revised Code, payable semiannually or at maturity if 2,297
less than six months, and maturing not SHALL ADOPT A RESOLUTION, 2,298
TO BE KNOWN AS THE NOTE RESOLUTION. THE NOTE RESOLUTION SHALL DO
ALL OF THE FOLLOWING: 2,299
(1) STATE THE PRINCIPAL AMOUNT OR MAXIMUM PRINCIPAL AMOUNT 2,301
OF ANTICIPATORY NOTES TO BE ISSUED AND OUTSTANDING, NOT TO EXCEED 2,302
THE AMOUNT OF THE BOND ISSUE; 2,303
(2) PROVIDE FOR, OR PROVIDE THE METHOD FOR, ESTABLISHING 2,305
OR DETERMINING FROM TIME TO TIME THE RATE OR RATES OF INTEREST OR 2,306
THE MAXIMUM RATE OR RATES OF INTEREST TO BE PAID ON THE 2,307
ANTICIPATORY NOTES;
(3) STATE THE DATE OR DATES OF THE ANTICIPATORY NOTES; 2,309
49
(4) ESTABLISH PROVISIONS, IF ANY, FOR REDEMPTION OR 2,311
PREPAYMENT OF THE ANTICIPATORY NOTES, IN WHOLE OR IN PART, BEFORE 2,312
MATURITY;
(5) PROVIDE THE MATURITY DATE OF THE ANTICIPATORY NOTES, 2,314
WHICH SHALL NOT BE later than five years from the date of the 2,316
first issue of such THE notes. All of such 2,317
(B) ALL anticipatory notes issued for less than five years 2,319
may be renewed from time to time until the expiration of five 2,321
years from the date of original issue. After the expiration of 2,322
five years from the date of original issue, if any annual 2,323
installments of the assessments have been collected or are in 2,324
process of collection, the board may renew or continue to renew 2,325
its anticipatory notes from time to time until the board by a 2,326
bonding resolution declares the necessity of issuing bonds. The 2,327
notes shall be redeemable at any interest payment date. Such 2,328
notes may be sold at private sale but in no event shall they be 2,329
sold at less than par and accrued interest; but if the board 2,330
determines to sell such notes at public sale the procedure shall 2,331
be as provided in this section for the sale of bonds. Each 2,332
determination of the board to borrow money and issue notes shall 2,333
be evidenced by a resolution of the board. Whenever such 2,334
WHENEVER notes have been issued in anticipation of the 2,337
issuance of bonds, the proceeds of the bonds when issued and sold 2,338
and of the assessment pursuant to which the bonds are issued 2,339
shall be applied to the payment of the notes and interest thereon 2,340
ON THE NOTES until both are fully paid. 2,342
(C)(1) If the board determines not to issue such 2,344
anticipatory notes, or if such ANTICIPATORY notes are issued, 2,345
when AND they are about to fall due, the board shall adopt a 2,347
resolution, to be known as the bonding resolution, declaring. 2,348
THE BONDING RESOLUTION SHALL DO ALL OF THE FOLLOWING: 2,349
(a) DECLARE the necessity of the bonds presently to be 2,352
issued, and their purpose, and THEIR amount, in accordance with 2,354
the prior resolution of necessity, and fixing the date, rate of 2,355
50
interest, and maturity of the bonds. When;
(b) STATE OR PROVIDE FOR THE DATE OF THE BONDS, AND THE 2,357
DATES AND AMOUNTS OR MAXIMUM AMOUNTS OF MATURITIES OR PRINCIPAL 2,358
PAYMENTS ON THE BONDS;
(c) STATE ANY PROVISION FOR A MANDATORY SINKING FUND OR 2,360
MANDATORY SINKING FUND REDEMPTION OR FOR REDEMPTION PRIOR TO 2,361
MATURITY;
(d) PROVIDE FOR THE RATE OR RATES OF INTEREST OR MAXIMUM 2,363
RATE OR RATES OF INTEREST TO BE PAID ON THE BONDS OR, IF 2,364
OTHERWISE AUTHORIZED, THE METHOD FOR ESTABLISHING OR DETERMINING 2,365
FROM TIME TO TIME THE RATE OR RATES OF INTEREST TO BE PAID ON THE 2,366
BONDS;
(e) STATE ANY PROVISION FOR A DESIGNATED OFFICER OF THE 2,368
DISTRICT TO DETERMINE ANY OF THE SPECIFIC TERMS REQUIRED BY THIS 2,369
DIVISION TO BE STATED IN THE BONDING RESOLUTION, SUBJECT TO ANY 2,370
LIMITATIONS STATED IN THE BONDING RESOLUTION. 2,371
(2) WHEN anticipatory notes are not issued, the resolution 2,375
of necessity may be incorporated in and made a part of the 2,377
bonding resolution. All bonds shall be sold to the highest 2,378
bidder, after being advertised once a week for three consecutive 2,379
weeks and on the same day of the week, the first advertisement 2,380
being published at least twenty-one full days before the date of 2,381
sale, in a newspaper having general circulation in the county 2,382
wherein the office of the district is located. The advertisement 2,383
shall state the amount of bonds to be sold, how long they are to 2,384
run, the rate of interest to be paid thereon, the dates of 2,385
payment of interest, the purpose of the issue, and the day, hour, 2,386
and place where bids will be received. An advertisement may also 2,387
be published in recognized financial journals. Anyone desiring 2,388
to do so may present a bid for such bonds based upon their 2,389
bearing a different rate of interest than specified in the 2,390
advertisement. Where a fractional interest rate is bid, such 2,391
fraction shall be one quarter of one per cent or a multiple 2,392
thereof and uniform for all maturities. Every bidder shall file 2,393
51
with his bid a bond or certified check in an amount specified in 2,394
the advertisement but not less than one per cent of the amount of 2,395
the bonds to be sold.
Bonds of the district may be issued subject to call or 2,397
redemption prior to maturity at not more than par. When the 2,398
district has issued bonds subject to call or redemption prior to 2,399
maturity the board may refund such bonds at a lower rate of 2,400
interest than is provided therein, provided that the bonds issued 2,401
shall not exceed in amount the bonds refunded and the maturity of 2,402
the bonds so issued shall not extend beyond the maturity of the 2,403
bonds refunded. 2,404
No bonds shall be sold for less than the face value thereof 2,406
with accrued interest. The board shall accept the highest bid, 2,407
or if bids are received based upon a different rate of interest 2,408
than specified in the advertisement, the board shall accept the 2,409
highest bid resulting in the lowest net interest cost to the 2,410
district, presented by a responsible bidder. The net interest 2,411
cost shall be the difference between the interest cost over the 2,412
life of the bonds and the premium offered. If a bid is accepted 2,413
based upon a rate of interest other than that provided for in the 2,414
bonding resolution of the board, such acceptance before taking 2,415
effect must be approved by a supplemental resolution of the 2,416
board, and in such case bonds may be issued bearing the rate of 2,417
interest provided for in such accepted bid without further 2,418
amendment of the bonding resolution. When bonds have been once 2,419
advertised and offered at public sale, as provided by law, and 2,420
they or any part thereof remain unsold for want of bidders, those 2,421
unsold may be sold at private sale at not less than their par 2,422
value and accrued interest thereon bearing not to exceed the rate 2,423
of interest provided in the bonding resolution of the board. All 2,424
(D)(1) ANTICIPATORY NOTES AND BONDS MAY BE SOLD BY 2,426
COMPETITIVE BID OR AT PRIVATE SALE IN A MANNER DETERMINED OR 2,428
AUTHORIZED BY THE BOARD, BUT THEY SHALL NOT BE SOLD FOR LESS THAN 2,429
NINETY-SEVEN PER CENT OF THEIR PRINCIPAL AMOUNT, PLUS ACCRUED 2,430
52
INTEREST. AS USED IN THIS DIVISION, "BID" HAS THE SAME MEANING 2,431
AS IN DIVISION (C) OF SECTION 133.30 OF THE REVISED CODE.
(2) ALL moneys from premiums and accrued interest shall be 2,434
paid into the bond retirement fund. 2,435
(3) Bonds and ANTICIPATORY notes shall be signed by the 2,437
president of the board, AND BE attested by the seal of said THE 2,439
district and by the signature of the secretary of the conservancy 2,441
district, and bonds shall be registered by the treasurer of 2,442
state. Interest coupons attached to such bonds shall bear the 2,443
facsimile signatures of said president and secretary. In case IF 2,444
any of the officers whose signatures, countersignatures, or 2,446
certificates appearing APPEAR upon bonds, notes, or coupons 2,448
issued pursuant to sections 6101.01 to 6101.84 of the Revised 2,449
Code, THIS CHAPTER ceases to be such THAT officer before the 2,450
delivery of such THE bonds or notes to the purchaser, such THE 2,452
signatures, countersignatures, or certificates shall nevertheless 2,453
be valid and sufficient for all purposes, as if such THE officer 2,454
had remained in office until the delivery of the bonds or notes. 2,456
Bonds shall show on their face the purpose for which they 2,458
are issued, and shall be payable out of money derived from the 2,459
bond retirement fund. ALL 2,460
All assessments the collection of which has been 2,462
anticipated by the issuance of bonds or notes shall, when 2,463
collected, be paid into the bond retirement fund for the purpose 2,464
of paying the principal and interest of bonds and notes and for 2,465
no other purpose. All bonds and coupons not paid at maturity 2,466
shall bear interest at the rate provided in section 9.95 of the 2,467
Revised Code from maturity until paid or until sufficient funds 2,468
have been deposited at the place of payment. The expenses 2,469
incurred in paying said bonds and interest thereon and reasonable 2,470
compensation to the treasurer of state together with the costs to 2,471
the office of the treasurer of state for registering and paying 2,472
same ON BONDS shall be paid out of the other funds in the hands 2,473
of the treasurer of the conservancy district and collected for 2,475
53
the purpose of meeting the expenses of administration. That 2,476
portion of the funds paid to the treasurer of state that 2,477
represents the costs to his office shall be paid into the state 2,479
treasury to the credit of the general revenue fund. The 2,480
(E) THE BOARD MAY ISSUE ANTICIPATORY NOTES OR BONDS TO 2,482
FUND OR REFUND PREVIOUSLY ISSUED NOTES OR BONDS. THESE 2,483
ANTICIPATORY NOTES OR BONDS SHALL BE ISSUED PURSUANT TO A NOTE 2,484
RESOLUTION OR BONDING RESOLUTION AS DESCRIBED IN DIVISION (A) OR 2,485
(C) OF THIS SECTION.
MONEYS DERIVED FROM THE PROCEEDS OF ANTICIPATORY NOTES AND 2,487
BONDS ISSUED UNDER THIS DIVISION AND ANY MONEYS DERIVED FROM 2,488
OTHER SOURCES AND REQUIRED FOR THE FUNDING OR REFUNDING OF THE 2,489
PREVIOUSLY ISSUED NOTES OR BONDS SHALL BE PLACED, UNDER AN ESCROW 2,490
AGREEMENT OR OTHERWISE AND TO THE EXTENT REQUIRED BY THE 2,491
RESOLUTION, IN AN ESCROW FUND. THE ESCROW FUND MAY BE AN ACCOUNT
IN THE BOND RETIREMENT FUND IF THE PREVIOUSLY ISSUED NOTES OR 2,492
BONDS ARE PAYABLE WITHIN NINETY DAYS OF THE ISSUANCE OF THE 2,493
ANTICIPATORY NOTES OR BONDS UNDER THIS DIVISION. THE MONEYS IN 2,494
THE ESCROW FUND SHALL BE PLEDGED AND USED FOR THE PURPOSE OF 2,495
FUNDING OR REFUNDING THE PREVIOUSLY ISSUED NOTES OR BONDS.
(F) PENDING THEIR USE UNDER DIVISION (E) OF THIS SECTION, 2,498
THE MONEYS IN THE ESCROW FUND REFERRED TO IN THAT DIVISION SHALL
BE INVESTED IN DIRECT OBLIGATIONS OF, OR OBLIGATIONS GUARANTEED 2,499
AS TO PAYMENT BY, THE UNITED STATES THAT MATURE, OR ARE SUBJECT 2,500
TO REDEMPTION BY AND AT THE OPTION OF THE HOLDER, NOT LATER THAN 2,501
THE DATE OR DATES WHEN THE MONEYS IN THE ESCROW FUND, TOGETHER 2,502
WITH INTEREST OR OTHER INVESTMENT INCOME ACCRUED ON THOSE MONEYS, 2,503
ARE REQUIRED FOR THE PAYMENT OF DEBT CHARGES ON THE PREVIOUSLY 2,504
ISSUED NOTES OR BONDS UNDER DIVISION (E) OF THIS SECTION. ANY 2,505
MONEYS IN THE ESCROW FUND THAT ARE NOT NEEDED FOR THE PAYMENT OF
DEBT CHARGES ON THE PREVIOUSLY ISSUED NOTES OR BONDS SHALL BE 2,506
TRANSFERRED TO THE BOND RETIREMENT FUND. FOR PURPOSES OF THIS 2,507
DIVISION, "DIRECT OBLIGATIONS OF, OR OBLIGATIONS GUARANTEED AS TO 2,508
PAYMENT BY, THE UNITED STATES" INCLUDES RIGHTS TO RECEIVE PAYMENT 2,509
54
OR PORTIONS OF PAYMENTS OF THE PRINCIPAL OF, OR INTEREST OR OTHER 2,510
INVESTMENT INCOME ON, THOSE OBLIGATIONS AND OTHER OBLIGATIONS 2,511
FULLY SECURED AS TO PAYMENT BY THOSE OBLIGATIONS AND THE INTEREST 2,512
OR OTHER INVESTMENT INCOME ON THOSE OBLIGATIONS.
(G) WHEN THE MONEYS, INCLUDING THE INTEREST OR OTHER 2,514
INVESTMENT INCOME ON THE MONEYS, IN THE ESCROW FUND REFERRED TO 2,515
IN DIVISION (E) OF THIS SECTION ARE DETERMINED BY AN INDEPENDENT 2,516
PUBLIC ACCOUNTING FIRM TO BE SUFFICIENT FOR THE PAYMENT OF THE 2,517
DEBT CHARGES ON THE PREVIOUSLY ISSUED NOTES OR BONDS UNDER THAT 2,519
DIVISION, THE FOLLOWING CONDITIONS SHALL APPLY:
(1) THE PREVIOUSLY ISSUED NOTES OR BONDS SHALL NO LONGER 2,521
BE CONSIDERED OUTSTANDING. 2,522
(2) THE PREVIOUSLY ISSUED NOTES OR BONDS SHALL NO LONGER 2,524
BE CONSIDERED FOR PURPOSES OF DETERMINING ANY DIRECT OR INDIRECT 2,525
LIMITATION ON THE INDEBTEDNESS OR NET INDEBTEDNESS OF THE 2,526
DISTRICT.
(3) THE LEVY OF SPECIAL ASSESSMENTS OR OTHER CHARGES FOR 2,528
THE PAYMENT OF THE DEBT CHARGES ON THE PREVIOUSLY ISSUED NOTES OR 2,529
BONDS UNDER THIS CHAPTER, CHAPTER 5705. OF THE REVISED CODE, OR 2,530
OTHER PROVISIONS OF THE REVISED CODE IS NOT REQUIRED.
(H) THE board in making the annual assessment levy shall 2,533
take into account the maturing bonds and interest on all bonds, 2,534
and shall make ample provision in advance for the payment thereof 2,535
OF THOSE BONDS AND THAT INTEREST. 2,536
In case the proceeds of the original assessments made under 2,538
section 6101.48 of the Revised Code are not sufficient to pay the 2,539
principal and interest of all bonds issued, then the board shall 2,540
make such additional levies as are necessary for this purpose, 2,541
and under no circumstances shall any assessment levies be made 2,542
that will in any manner or to any extent impair the security of 2,543
said THE bonds or the fund available for the payment of the 2,544
principal and interest of the same BONDS. 2,545
Sec. 6101.501. A conservancy district or a subdistrict 2,554
thereof OF IT may issue revenue bonds for the purpose of paying 2,555
55
all or part of the cost of acquiring or constructing any 2,557
improvement which THAT the district or subdistrict is authorized 2,558
to acquire or construct, and such THE improvement may include 2,560
equipment, land or interests in land, and facilities necessary or 2,562
appropriate to such THE improvement. Such THE bonds shall be 2,564
secured only by a pledge of, and lien upon, such THE portion as 2,566
the board of directors of the conservancy district determines of 2,567
the revenues derived from fees, rates, and charges for the use of 2,568
any facilities or services of the district or subdistrict, after 2,569
the payment of costs and expenses of operation and maintenance of 2,570
such THE facilities, and the covenant of the district or 2,571
subdistrict to maintain sufficient fees, rates, and charges to 2,572
produce adequate revenues to pay such THE costs and expenses and 2,573
for the payment of such THE bonds. Such THE bonds shall be 2,575
negotiable instruments, but shall not constitute general 2,577
obligations of the district or subdistrict. 2,578
Such THE bonds shall bear interest at not to exceed the 2,580
rate provided in section 9.95 of the Revised Code, payable 2,581
semiannually, shall mature in annual or semiannual installments 2,582
within forty years from their date, and may be made callable and, 2,583
if so issued, may be refunded. Such THE bonds shall be signed by 2,585
the president of the board and, BE attested by the seal of said 2,588
THE district, and by the signature of SIGNED BY the secretary of 2,590
the conservancy district, provided that one of such THE 2,592
signatures may be a facsimile and a facsimile of such THE seal 2,594
may be imprinted on said THE bonds. Interest coupons attached to 2,596
such THE bonds shall bear the facsimile signatures of the 2,598
president and secretary. In case any officer who has signed such 2,599
THE bonds or caused his THE OFFICER'S facsimile signature to be 2,601
affixed thereto TO THE BONDS ceases to be such THAT officer 2,603
before the bonds so signed have been actually delivered, such THE 2,604
bonds, nevertheless, may be issued and delivered as though the 2,606
person who had signed such THE bonds, or caused his THE PERSON'S 2,607
facsimile signature to be affixed thereto TO THE BONDS, had not 2,610
56
ceased to be such THAT officer; any such bonds may be executed on 2,612
behalf of the district by an officer who, at the actual date of 2,613
execution of such THE bonds, is the proper officer of the 2,615
district, although at the date of such THE bonds such THE person 2,616
was not such an officer. Such THE bonds may be sold as provided 2,618
in section 6101.50 of the Revised Code or at private sale, at the 2,619
option of the board, and shall be registrable as provided in 2,620
section 6101.52 of the Revised Code. 2,621
In the discretion of the board of directors, such THE 2,623
revenue bonds may be further secured by a trust agreement between 2,624
the board and a corporate trustee, which may be any trust company 2,625
or bank having the powers of a trust company within or without 2,626
the state. Such THE trust agreement may pledge or assign 2,627
revenues to the payment of the principal of and interest on such 2,629
THE bonds and reserves therefor FOR THE BONDS, but shall not 2,630
convey or mortgage any property of the district or subdistrict. 2,632
Any such trust agreement may contain such provisions for 2,633
protecting and enforcing the rights and remedies of the 2,634
bondholders as are reasonable and proper and not in violation of 2,635
law, including provisions for issue of additional revenue bonds 2,636
to be secured ratably with any revenue bonds theretofore or 2,637
thereafter PREVIOUSLY OR SUBSEQUENTLY issued, covenants setting 2,638
forth the duties of the board in relation to the acquisition, 2,639
improvement, maintenance, operation, repair, and insurance of the 2,640
facilities in connection with which such THE bonds are 2,641
authorized, the custody, safeguarding, and application of all 2,643
revenues and moneys, the insurance of moneys on hand or on 2,644
deposit, the rights and remedies of the trustee and the holders 2,645
of the bonds, including therein IN THEM provisions restricting 2,646
the individual right of action of bondholders as is customary in 2,648
trust agreements respecting bonds and debentures of corporations, 2,649
the security to be given by those who contract to construct the 2,650
project and by any bank or trust company in which the proceeds of 2,651
bonds or revenues are deposited, and such other provisions as the 2,652
57
board deems CONSIDERS reasonable and proper for the security of 2,653
the bondholders. All expenses incurred in carrying out the 2,655
provisions of any such trust agreement may be treated as a part 2,656
of the cost of maintenance, operation, and repair of the 2,657
facilities for which the bonds were issued. 2,658
The board shall covenant and agree to maintain, so long as 2,660
there are outstanding any such bonds payable from revenues, 2,661
adequate fees and charges for the use of the facilities or 2,662
services from which such THE revenues are derived for the payment 2,664
of the principal and interest on such THE bonds and for the 2,665
creation and maintenance of reserves therefor FOR THAT PAYMENT 2,667
and reserves for operation, maintenance, replacement, and 2,669
renewal.
If the revenues pledged to pay revenue bonds prove 2,671
insufficient to pay maturing bonds, bonds which THAT have matured 2,673
or are about to mature may be refunded, providing PROVIDED THAT 2,674
the refunding bonds so issued shall mature in not more than 2,676
fifteen years after issuance; or all of the outstanding bonds, 2,677
both matured and unmatured, of any such issue may be refunded if 2,678
such THE outstanding bonds can be retired by call for redemption 2,680
or with the consent of the holders, either from the proceeds of 2,681
the sale of the refunding bonds or by exchange, provided such 2,682
PROVIDED THAT THE refunding bonds shall not exceed in amount the 2,684
par value of the bonds to be refunded plus the redemption price 2,685
in excess of par value, if any, required to be paid upon their 2,686
call for redemption, and the maturity of such THE refunding bonds 2,687
shall not exceed forty years after their issuance. 2,689
The terms and provisions of any such refunding bonds, the 2,691
method of their issue, and the documents to be executed for the 2,692
security thereof, OF THEM shall be as provided for an original 2,693
issue of revenue bonds, except that they may mature in one or 2,695
more installments and contain such provisions for sinking fund 2,696
and for calls from sinking fund as the board of directors may 2,697
determine, and except that they may be exchanged in whole or in 2,698
58
part for the bonds to be refunded. 2,699
Sec. 6101.51. The treasurer of a conservancy district, at 2,708
the time of taking office, shall execute to the district and 2,709
deliver to the president of the board of directors of the 2,710
conservancy district, a bond with good and sufficient sureties, 2,711
to be approved by the board, conditioned that the treasurer shall 2,712
account for and pay over as required by law, and as ordered by 2,713
the board, all money received by him THE TREASURER on the sale of 2,715
bonds and notes or from any other source, and that he THE 2,716
TREASURER only shall deliver the bonds and notes to the 2,719
purchasers thereof under and according to the terms prescribed in 2,720
this section and section 6101.50 of the Revised Code, and that, 2,721
when ordered by the board to do so, he THE TREASURER shall return 2,722
to the board, duly canceled, any bonds and notes not sold, which 2,724
bonds and notes shall remain in the custody of the board, which 2,725
shall produce them for inspection or for use as evidence whenever 2,726
and wherever legally requested to do so. The cost of the bond of 2,727
the treasurer of the district shall be paid by the board from the 2,728
funds of the district. The board shall make appropriations at 2,729
the proper time for the payment of the maturing bonds and notes 2,730
of the district and the interest payments coming due on all bonds 2,731
and notes sold, and the treasurer of the district shall place 2,732
sufficient funds at the place of payment to pay them. If proper 2,733
appropriations are not made by the board as provided in this 2,734
section, the treasurer of the district of his THE TREASURER'S own 2,735
accord shall place funds at the place of payment and report that 2,737
action to the next meeting of the board. The canceled bonds and 2,738
coupons, receipted notes, and receipts of the treasurer of state 2,739
shall be evidence of such payment.
All moneys of a district deposited with the treasurer of 2,741
state to provide for the payment of bonds and interest shall be 2,742
deposited by the treasurer of state in the name of the district 2,743
in a national or state bank subject to the same conditions as are 2,744
provided by law for the deposit of moneys of the state, and all 2,745
59
interest received on the deposit shall be paid to the district. 2,746
The successor in office of any treasurer of a conservancy 2,748
district is not entitled to take over the assets of the treasury 2,749
until he THE TREASURER has complied with this section. Moneys 2,750
derived from the sale of bonds and from all other sources shall 2,752
be deposited by the treasurer of the district with depositories 2,753
designated by the board. At intervals of not greater than two 2,754
years, the board shall invite proposals from banks and trust 2,755
companies for the deposit of district funds. So long as such 2,756
banks and trust companies are permitted by law to pay interest, 2,757
the board shall select as depositories the bank or banks or trust 2,758
company or companies that at competitive bidding offer the 2,759
highest rate or rates of interest, but if no proposal offering 2,760
depository interest is received, the board may designate 2,761
depositories for the funds of the district without payment of 2,762
interest. The selection of any depository shall be evidenced by 2,763
a resolution of the board, which shall set forth the terms 2,764
governing the selection. The funds so deposited shall be 2,765
protected at all times by the hypothecation by the depository of 2,766
securities of market value or par value, whichever is less, in an 2,767
amount equal to one hundred per cent of the funds, and additional 2,768
securities shall be hypothecated when necessary to maintain that 2,769
percentage. The hypothecation of the securities by the depository 2,770
does not require that the securities be placed in the possession 2,771
of the treasurer of the district. The depository, by written 2,772
notice to the board and to the treasurer, may designate a 2,773
qualified trustee and deposit the eligible securities required by 2,774
this section with the trustee for safekeeping for the account of 2,775
the treasurer and the depository, as their respective rights to 2,776
and interests in the securities under this section may appear and 2,777
be asserted by written notice to or demand upon the trustee. In 2,778
that case, the treasurer shall accept the written receipt of the 2,779
trustee, describing the securities, as and for a hypothecation of 2,780
the described securities, and issue to the depository his written 2,782
60
acknowledgment to that effect, keeping a copy thereof in his 2,783
office. Thereupon, the securities described in the trustee's 2,784
receipt shall be deemed to have been hypothecated with the 2,785
treasurer and to have been deposited with him for all the 2,787
purposes of this section. The amount so determined of the
securities to be hypothecated shall be reduced by an amount equal 2,788
to the insurance of deposits provided by the federal deposit 2,789
insurance corporation pursuant to the act of congress known as 2,790
the "Banking Act of 1933," 48 Stat. 162, 12 U.S.C.A. 1811, as 2,791
amended. The securities shall be obligations of, or guaranteed 2,792
as to principal and interest by, the United States or obligations 2,793
of the state or of the conservancy district or, subject to 2,794
acceptance by the board, obligations of any political subdivision 2,795
lying wholly or partly within the boundaries of the district. 2,796
From time to time as the amount on deposit is reduced, the amount 2,797
of the hypothecated securities may be reduced, but the total 2,798
protection of deposits shall be not less than the amount on 2,799
deposit. The board may invest moneys of the district in United 2,800
States savings bonds or other interest bearing obligations of the 2,801
United States IN ACCORDANCE WITH SECTIONS 135.01 TO 135.21 OF 2,802
THE REVISED CODE. The funds derived from the sale of any of the 2,803
bonds and notes shall be used only for paying the cost of the 2,804
properties, works, and improvements and such costs, expenses, 2,805
fees, and salaries as are authorized by law. 2,806
The district may secure the payment of loans from the 2,808
United States government in the same manner as it may secure the 2,809
payment of bonds, and the board may make any necessary 2,810
regulations to provide for that payment. 2,811
A party who has not sought a remedy against any proceeding 2,813
under this chapter, until such bonds or notes have been sold or 2,814
the work constructed, cannot for any cause have an injunction 2,815
against the collection of taxes or assessments for the payment of 2,816
the bonds OR NOTES. 2,817
Such bonds shall have all the qualities of negotiable paper 2,819
61
under the law merchant, and when executed and sealed and 2,820
registered in the office of the treasurer of state in conformity 2,821
with this chapter, and when sold in the manner prescribed in this 2,822
section and section 6101.50 of the Revised Code and the WHEN 2,823
consideration therefor FOR BONDS is received by the district, THE 2,825
BONDS shall not be invalid for any irregularity or defect in the 2,826
proceedings for the issue THEIR ISSUANCE and sale thereof, and 2,827
shall be incontestable in the hands of bona fide purchasers or 2,829
holders thereof OF THE BONDS for value. No proceedings in 2,831
respect to the issuance of any such bonds are necessary except 2,832
such as are required by this chapter.
Notwithstanding any other provision of this section 2,834
governing the deposit or investment of moneys of a conservancy 2,835
district, the board of directors of such a district, for the 2,836
purpose of providing for the investment of the moneys on the 2,837
district's behalf, may order the treasurer of the district to 2,838
invest moneys of the district in the Ohio subdivisions 2,839
SUBDIVISION'S fund authorized to be created under section 135.45 2,841
of the Revised Code. Any such investments in the fund are 2,842
subject to and governed by that section and rules adopted under 2,843
it.
Sec. 6101.52. Whenever the owner of any coupon bond issued 2,852
pursuant to sections 6101.01 to 6101.84, inclusive, of the 2,853
Revised Code, THIS CHAPTER presents such THE bond to the 2,855
treasurer of the conservancy district with a request for the 2,856
conversion of such THE bond into a bond registered as to 2,858
principal and interest, said THE treasurer shall cut off and 2,860
cancel the coupons of any such THE coupon bond so presented, and 2,862
shall stamp, print, or write upon such THE coupon bond, either 2,863
upon the back or the face thereof OF IT or in blanks provided 2,864
therefor, as is convenient, FOR THE PURPOSE a dated and signed 2,866
statement to the effect that said THE bond is registered as to 2,867
principal and interest in the name of the owner and that 2,868
thereafter the interest and principal of said THE bond are 2,869
62
payable to the registered owner. Upon request of an owner 2,871
similarly made for registration of any coupon bond as to
principal only, the treasurer of the district shall similarly 2,872
record on such THE bond a statement to the effect that said THE 2,874
bond is registered as to principal and that thereafter the 2,876
principal of said THE bond is payable to the registered owner. 2,878
Thereafter, and from time to time, any bond so registered as to 2,879
principal and interest or as to principal only may be transferred 2,881
by such THE registered owner in person or by attorney duly 2,883
authorized on presentation of such THE bond to the treasurer of 2,885
the district and the bond again registered as before, a similar
statement being stamped, printed, or written thereon ON IT. If 2,886
such THE bond is so registered, the principal and interest of 2,888
such THE bond or the principal thereof OF IT, if registered as to 2,890
principal only, shall be payable to the registered owner. Upon 2,891
request of the owner of any registered bond, such THE bond may be 2,892
discharged from registration by being in like manner transferred 2,893
and made payable to bearer and, if such THE bond has been 2,894
registered as to interest, by attaching thereto TO IT 2,896
reproductions of the original interest coupons thereafter 2,897
payable; but the cost of reproducing and attaching such THE 2,898
coupons shall be paid by the owner of such THE bond. The 2,900
treasurer of the district shall enter in a register of such bonds 2,902
to be kept by him, or in a separate book, THE TREASURER the fact 2,903
of the registration of such THE bond and the name of the 2,904
registered owner thereof OF IT so that said THE register or book 2,906
at all times shows what bonds are registered, the kind of
registration, and the name of the registered owner thereof. Not 2,908
more than thirty nor less than fifteen days prior to each payment 2,910
date for payment of principal or interest the treasurer of the 2,911
district shall certify the record of registered bonds to the 2,912
treasurer of state.
Sec. 6101.53. To maintain, operate, and preserve the 2,921
reservoirs, ditches, drains, dams, levies, canals, sewers, 2,922
63
pumping stations, treatment and disposal works, or other 2,923
properties or improvements acquired or made pursuant to sections 2,924
6101.01 to 6101.84, inclusive, of the Revised Code THIS CHAPTER, 2,925
and to strengthen, repair, and restore the same, when needed, and 2,927
to defray the current expenses of the conservancy district, the 2,928
board of directors of the conservancy district may, upon the 2,929
substantial completion of said THE improvements and on or before 2,930
the first day of September in each year thereafter, levy an 2,932
assessment upon each tract or parcel of land and upon each public 2,933
corporation within the district, subject to assessments under 2,934
such sections THIS CHAPTER, to be known as a conservancy 2,935
maintenance assessment. No such assessment shall be made with 2,937
respect to works and improvements acquired or constructed for the 2,938
purpose of providing a water supply for domestic, industrial, and 2,939
public use within the district, when such THE water supply can be 2,940
metered or measured when furnished to persons or public 2,942
corporations. If the district, for the benefit of one or more 2,943
persons or political subdivisions, provides a water supply that 2,944
recharges underground aquifers and thereby replenishes wells or 2,945
provides a source of water for new wells, or increases the 2,946
natural low flow of a stream used for water supply, or creates an 2,947
impoundment, in such a way that the augmented use of water cannot 2,948
be metered or measured for individual or public consumption, the 2,949
board may make a maintenance assessment against benefited 2,950
property and public corporations in the same manner provided 2,951
herein IN THIS SECTION for maintenance of other properties or 2,953
improvements.
Said THE maintenance assessment shall be apportioned upon 2,955
the basis of the total appraisal of benefits accruing for 2,956
original and subsequent construction, shall not exceed one per 2,957
cent thereof OF THE TOTAL APPRAISAL OF BENEFITS in any one year 2,958
unless the court by its order authorizes an assessment of a 2,960
larger percentage, SHALL NOT BE LESS THAN TWO DOLLARS, and shall 2,961
be certified to the county auditor of each county in which lands 2,962
64
of said THE district are located in the conservancy assessment 2,964
book RECORD but in a separate column in like manner and at the 2,966
same time as the annual installment of the assessment levied 2,967
under section 6101.48 of the Revised Code is certified, under the 2,968
heading "Maintenance MAINTENANCE assessment." Said THE auditor 2,970
shall certify the same to the county treasurer of the county at 2,972
the same time that he THE AUDITOR certifies the annual 2,973
installment of the assessments levied under such THAT section, 2,974
and the sum of such THE levies for any tract or public 2,975
corporation may be certified as a single item. The treasurer 2,977
shall demand and collect the maintenance assessment and make 2,978
return thereof OF IT, and shall be liable for the same penalties 2,980
for failure to do so as are provided for the annual installment 2,981
of the assessment levied under section 6101.48 of the Revised 2,982
Code.
The board of directors of the conservancy district may 2,984
adopt a resolution requiring that any annual maintenance 2,985
assessments authorized by this section that are for ten dollars 2,986
or less be collected biennially or triennially rather than 2,987
annually. The resolution shall specify the maximum dollar
amount, not to exceed ten dollars for each year for which the 2,988
collection is being made, that may be accumulated and collected 2,989
either biennially or triennially, whichever is indicated in the 2,991
resolution. The board annually shall certify to the county
auditor the amount of such assessments to be collected in that 2,992
year, if any, and the county auditor shall proceed to collect 2,993
those certified amounts in the same manner as provided for 2,994
collection of all other maintenance assessments under this 2,995
section.
The amount of the maintenance assessment paid by any parcel 2,997
of land or public corporation shall not be credited against the 2,998
benefits assessed against such THE parcel of land or public 2,999
corporation;, but the maintenance assessment shall be in addition 3,001
to any assessment that has been or can be levied under section 3,002
65
6101.48 of the Revised Code. 3,003
To maintain, operate, and preserve the works and 3,005
improvements of the district acquired or constructed for the 3,006
purpose of providing a water supply, to strengthen, repair, and 3,007
restore the same, and to defray the current expenses of the 3,008
district for this purpose, the board may impose rates for the 3,009
sale of water to public corporations and persons whithin WITHIN 3,010
the district. The rates to be charged for such THE water shall 3,012
be fixed and adjusted by the board at intervals of not less than 3,014
one year, so that the income thus produced will be adequate to 3,015
provide a maintenance fund for the purpose of water supply. 3,016
Contracts for supplying water to public corporations and persons 3,017
shall be entered into before such THE service is rendered by the 3,018
district. Such contracts CONTRACTS shall specify the maximum 3,020
quantity of water to be furnished to the public corporation or 3,022
person, which AND THE quantity shall be fixed so as equitably to 3,024
distribute the supply. Preference shall be given to water supply 3,025
furnished to public corporations for domestic and public uses. 3,026
Bills for water supplied to public corporations shall be rendered 3,027
at regular intervals and shall be payable from the waterworks 3,028
fund of the public corporation or, if it is not sufficient, from 3,029
the general fund. 3,030
Sec. 6101.54. Whenever the owners or representatives of 3,039
twenty-five per cent or more of the acreage or value of the lands 3,041
in a conservancy district or the board of directors of a
conservancy district file a petition with the clerk of the court 3,042
having jurisdiction in the original case, stating that there has 3,043
been a material change in the values of the property in the 3,044
district or additional benefits are being derived from the works 3,045
and the improvements of the district since the last previous 3,046
appraisal of benefits, and praying for a readjustment of the 3,047
appraisal of benefits for the purpose of making a more equitable 3,048
basis for the levy of the maintenance assessment under section 3,049
6101.53 of the Revised Code, the clerk shall give notice of the 3,050
66
filing and OF A hearing of said THE petition by publication in 3,052
the manner provided in division (A) of section 6101.01 of the 3,053
Revised Code.
Upon hearing of said THE petition, if said THE court finds 3,056
there has been a material change in the values of property in 3,057
said THE district, or that additional benefits are derived from 3,058
the works and improvements of the district, or both, since the 3,059
last previous appraisal of benefits, the court shall order that 3,060
there be a readjustment of the appraisal of benefits for the 3,061
purpose of providing a basis upon which to levy the maintenance 3,063
assessment of said THE district. Thereupon the THE court THEN 3,065
shall direct the board of appraisers of the conservancy district
to make such THE readjustment in the manner provided in sections 3,067
6101.01 to 6101.84, inclusive, of the Revised Code THIS CHAPTER, 3,068
and said THE board shall make its report. The same proceedings 3,069
shall be had thereon ON IT, as nearly as may be, as are provided 3,071
in such sections THIS CHAPTER for the appraisal of benefits 3,073
accruing for original construction. In making the readjustment 3,074
of the appraisal of benefits, the readjusted appraisal shall not 3,075
be limited to the aggregate amount of nor OR to the benefits or 3,076
properties or persons listed in the original or any previous 3,078
appraisal of benefits, and, after the making of such THE 3,079
readjustment, the limitation of the annual maintenance assessment 3,081
to one per cent of the total appraised benefits, BUT NOT LESS 3,082
THAN TWO DOLLARS, shall apply to the amount of the benefits as 3,083
readjusted. There shall be no such readjustment of benefits 3,084
oftener MORE OFTEN than once in eight SIX years. 3,085
Sec. 6101.55. The board of directors of a conservancy 3,094
district shall each year after the original assessment has been 3,095
levied determine, order, and levy the annual levy, which shall 3,096
include all assessments, or installments of assessments, together 3,097
with interest, levied under sections 6101.01 to 6101.84 of the 3,098
Revised Code THIS CHAPTER, which become due in the ensuing year, 3,099
and such. THE annual levy shall be due and be collected at the 3,101
67
same time that state and county taxes are due and collected. 3,102
After bonds have been sold, in the determination of an annual 3,103
levy, the rate of interest upon the unpaid installments of an 3,104
assessment shall be the rate borne by the bonds which THAT have 3,105
been issued and sold pursuant to such THE assessment. The annual 3,106
levy as SHALL BE recorded in the conservancy assessment book 3,108
RECORD, shall be signed and certified by the president of the 3,110
board and by the secretary of the conservancy district, AND SHALL 3,111
BE attested by the seal of the district, not later than the first 3,113
day of July SEPTEMBER each year, and the levy shall thereafter 3,114
become a permanent record in the office of the district. The 3,115
THE certificate of the annual levy shall be substantially 3,117
as set forth in section 6101.84 of the Revised Code. THEN 3,118
Then shall follow a table or schedule showing in properly 3,120
ruled columns ALL OF THE FOLLOWING: 3,121
(A) The names of the owners of the property and the names 3,123
of the public corporations assessed, which may be as they 3,124
appeared in the decree of the court confirming the appraisals; in 3,125
the case of a county, municipal corporation, or township, the 3,126
names of individual owners need not be given, but only the name 3,127
of the county, municipal corporation, or township; 3,128
(B) The descriptions of the property opposite the names of 3,130
the owners; 3,131
(C) The total amount of the annual levy on each piece of 3,133
property and on each public corporation for the account of all 3,134
funds and the amount of each item making up such THE total; 3,135
(D) A blank column DESIGNATED AREA in which the county 3,137
auditor shall record the several amounts as collected by him THE 3,139
AUDITOR;
(E) A blank column DESIGNATED AREA in which the auditor 3,141
shall record the date of payment of the different sums SEVERAL 3,143
AMOUNTS;
(F) A blank column DESIGNATED AREA in which the auditor 3,145
shall report the names of the persons paying the several amounts. 3,147
68
The form of the ANNUAL LEVY PORTION OF THE CONSERVANCY 3,149
assessment book RECORD as prescribed in this section may be 3,151
modified with the approval of the auditor of state. THE
Such certificate OF THE ANNUAL LEVY and report THE ANNUAL 3,154
LEVY PORTION OF THE CONSERVANCY ASSESSMENT RECORD shall be
prepared in duplicate in a well-bound book which shall be 3,157
endorsed and named "Conservancy Assessment Book RECORD of . . . . 3,158
. . . . . District, . . . . . . . . . County, Ohio." The 3,160
endorsement shall also be printed at the top of each page in the 3,161
book.
One copy of that part of such duplicate THE ASSESSMENT 3,163
RECORD affecting lands and public corporations in any county 3,165
shall be forwarded to the county auditor of such THAT county. 3,166
The auditor of each county shall receive the copy as a tax book, 3,168
shall set up as a charge upon the county treasurer the total 3,169
amount of assessments levied as shown by such book THE ASSESSMENT 3,170
RECORD, and shall certify such book THE RECORD as other tax 3,171
records to the county treasurer of his THE county. The treasurer 3,172
shall collect the amount according to law. Such THE assessment 3,174
book RECORD shall be the treasurer's warrant and authority to 3,177
demand and receive the assessments due in his THE county as found 3,178
in the same THE RECORD. 3,179
In the event of any failure of the board to determine and 3,181
order an annual levy for the purpose of paying the interest and 3,182
principal of any bonds pursuant to sections 6101.01 to 6101.84 of 3,183
the Revised Code THIS CHAPTER, the auditor of the county in which 3,184
the lands and public corporations subject to such THE assessments 3,186
are situated shall make and complete a levy of the special 3,188
assessments necessary for the purpose against the lands and 3,189
public corporations in the district, and each piece of property 3,190
therein IN THAT COUNTY against which benefits have been 3,192
appraised. Any assessment so made and completed by the auditor 3,193
shall be made and completed by him THE AUDITOR in the manner 3,194
provided for the making and completion of an assessment by the 3,196
69
board, and shall have the same effect as a levy of assessments 3,197
determined and ordered by the board.
Sec. 6101.57. Each county treasurer charged with 3,206
collection of assessments shall make due report to the county 3,207
auditor of the sums collected by him THE TREASURER, and the 3,208
auditor shall issue his A warrant payable to the treasurer of the 3,210
conservancy district for all sums of money in the hands of the 3,211
county treasurer, according to such THE report. Said THE 3,212
auditor, as soon as the books RECORDS for collection are closed 3,214
by the county treasurer according to law, shall make report to 3,215
the treasurer of said THE district of the sums collected, and of 3,217
the assessments not collected, as returned to him THE AUDITOR by 3,218
the county treasurer. The secretary of the conservancy district 3,219
THEN shall thereupon provide a certified delinquent assessment 3,221
list, which shall be known as the "Delinquent Assessment Book 3,222
RECORD of ........... District, .......... County," and forward 3,224
the same in duplicate RECORD to the auditor of said THE county, 3,225
who shall add the penalty and interest fixed by law and transmit 3,226
one A copy OF THE RECORD to the county treasurer, who shall 3,228
forthwith proceed to collect said THE assessment and penalty and 3,230
interest, according to law. 3,232
Except as otherwise provided in section 6101.59 of the 3,234
Revised Code, the laws with respect to delinquent assessments and 3,235
taxes shall apply to all assessments and taxes provided for in 3,236
sections 6101.01 to 6101.84 of the Revised Code THIS CHAPTER, 3,237
which remain unpaid when the county treasurer closes his tax and 3,240
THE TREASURER'S assessment books RECORDS, and such THE DELINQUENT 3,241
assessments and taxes are subject to the same rate of interest 3,243
and penalty as provided by law for delinquent assessments and 3,244
taxes of other political subdivisions.
Sec. 6101.58. Before receiving the assessment book RECORD 3,253
provided for by section 6101.55 of the Revised Code, the county 3,254
treasurer of each county in which lands or other property of the 3,255
conservancy district are located shall execute to the district 3,256
70
and deliver to the board of directors of the conservancy district 3,257
a bond with a surety company authorized to conduct a surety 3,258
business in this state as surety, which bond shall be paid for by 3,259
the district, in a sum prescribed by the board and approved by 3,260
the court, conditioned that said THE treasurer shall pay over and 3,262
account for all assessments so collected by him THE TREASURER 3,264
according to law. Said THE bond after approval by said THE board 3,266
shall be deposited with the secretary of the conservancy 3,267
district, who shall be custodian thereof OF THE BOND. Such THE 3,269
secretary shall produce the bond for inspection and use as 3,271
evidence whenever and wherever lawfully requested to do so. 3,272
Sec. 6101.59. All conservancy DISTRICT assessments and 3,281
taxes provided for in sections 6101.01 to 6101.84 of the Revised 3,282
Code THIS CHAPTER, together with all penalties and interest for 3,284
default in payment of the same ASSESSMENTS, and all costs in 3,285
collecting the same ASSESSMENTS, including a reasonable 3,287
attorney's fee, to be fixed by the court and taxed as costs in 3,288
the action brought to enforce payment, from the date of filing 3,289
the certificate described in this section in the office of the 3,290
county auditor for the county wherein IN WHICH the lands and
properties or public corporations are located, until paid, shall 3,291
constitute a lien, to which only the lien of the state for 3,292
general state, county, municipal corporation, school, and road 3,293
taxes shall be paramount, upon all the lands and other property 3,294
or public corporation against which such taxes THE ASSESSMENTS 3,295
are levied as is provided in sections 6101.01 to 6101.84 of the 3,297
Revised Code THIS CHAPTER. No lands or properties to which the 3,299
lien of the conservancy DISTRICT assessments or taxes has 3,300
attached shall be forfeited to the state pursuant to its lien for 3,301
taxes except pursuant to section 5723.01 of the Revised Code. 3,302
Such THE lien of the conservancy DISTRICT assessments and taxes 3,304
may be evidenced by a certificate substantially in the form in 3,305
the schedule provided in section 6101.84 of the Revised Code. 3,306
The certificate and tables shall be prepared in a well-bound book 3,307
71
RECORD by the secretary of the conservancy district at the 3,309
expense of the district.
Unless expressly declared to the contrary, no warranty in 3,311
any warranty deed or in any deed made pursuant to a judicial sale 3,312
shall warrant against any portion of any assessment levied under 3,313
sections 6101.01 to 6101.84 of the Revised Code THIS CHAPTER, 3,314
except past and current installments payable in the year which 3,316
such THE deed bears date. 3,317
Sec. 6101.60. The "delinquent assessment book" RECORD of a 3,327
conservancy district is prima-facie evidence in all courts of all 3,328
matters therein contained IN IT. The liens established and 3,329
declared in section 6101.59 of the Revised Code may be enforced 3,331
at the option of the board of directors of the conservancy 3,332
district by an action on delinquent tax bills or assessment 3,333
bills, made and certified by the county auditor, which action 3,334
shall be instituted in the court of common pleas, without regard 3,335
to the amount of the claim, within six months after the 3,336
thirty-first day of December of the year for which said THE 3,337
assessments were levied. The suit ACTION shall be brought in the 3,338
corporate name of the district by its attorney against the land, 3,340
property, or public corporation on which such tax or THE 3,341
assessment has not been paid.
In the event of any default in the payment of the interest 3,343
or principal of any bonds or notes issued pursuant to sections 3,344
6101.01 to 6101.84 of the Revised Code THIS CHAPTER, and if the 3,345
district or its proper officers fail to enforce the payment of 3,347
any unpaid tax or assessment, the holder of such THE bonds or 3,348
notes may, for himself SELF and for the benefit of all others 3,350
similarly situated, enforce said THE liens by suit or action 3,351
against the land, property, or public corporation on which such 3,353
tax or THE assessment has not been paid, and against the 3,355
district. The court shall have full power, jurisdiction, and 3,356
authority to apply such tax or THE assessment when collected in 3,358
the payment of the interest or principal upon said THE bonds or 3,360
72
notes as justice and equity require. The suit ACTION shall be 3,361
brought in the county in which the property or public corporation 3,362
is located, except when the tract or property sued upon is in 3,363
more than one county, in which event CASE the suit ACTION may be 3,365
brought on the whole tract, parcel, or property, in any county in 3,366
which any portion thereof OF IT is located. The pleadings, 3,367
process, proceedings, practice, and sales, in cases arising under 3,369
such sections THIS CHAPTER, except as provided in such sections 3,371
THIS CHAPTER, shall be the same as in an action for the 3,373
enforcement of the state's lien for delinquent general taxes upon 3,374
real estate.
All sales of lands made under this section shall be by the 3,376
sheriff as provided by law. All sheriff's deeds executed and 3,377
delivered pursuant to sections 6101.01 to 6101.84 of the Revised 3,378
Code, THIS CHAPTER shall have the same probative force as other 3,379
deeds executed by a sheriff. Abbreviations shall not defeat the 3,381
action. The title acquired through any sale of lands or other 3,382
property under such proceedings shall be subject to the lien of 3,383
all subsequent annual installments of conservation or drainage 3,384
tax or AN assessment. 3,385
In all suits ACTIONS for the collection of delinquent taxes 3,387
or assessments, the judgment for said THE delinquent taxes or 3,389
assessments and penalty and interest shall also include all costs 3,390
of suit and a reasonable attorney's fee to be fixed by the court, 3,391
recoverable the same as the delinquent tax and in the same suit 3,392
ACTION. 3,393
The proceeds of sales made under and by virtue of such 3,395
sections THIS CHAPTER shall be paid at once to the county 3,396
treasurer and shall be properly credited and accounted for by him 3,398
THE TREASURER the same as other conservation taxes and 3,399
assessments.
If any assessment made pursuant to such sections THIS 3,401
CHAPTER is invalid, the board shall, by subsequent or amended 3,402
acts or proceedings, SHALL promptly remedy all defects or 3,403
73
irregularities as the case requires by making and providing for 3,405
the collection of new assessments or otherwise. 3,406
Sec. 6101.61. Whenever, under sections 6101.01 to 6101.84, 3,415
inclusive, of the Revised Code THIS CHAPTER, the board of 3,416
directors of a conservancy district has determined, ordered, and 3,418
levied an annual levy in accordance with section 6101.55 of the 3,419
Revised Code, the board shall certify to the governing or taxing 3,420
body of each political subdivision assessed, a notice and 3,421
statement of such THE annual levy, setting forth the total amount 3,422
payable by such THE political subdivision and included in such 3,424
THE annual levy, and the items making up such THE total. Said 3,426
THE governing or taxing body shall receive and file said THE 3,428
notice and shall promptly take all the legal and necessary steps 3,429
to provide for the payment of such THE annual levy. Said THE 3,430
governing or taxing body shall include the amount of such THE 3,432
annual levy in the tax budget for the ensuing year and shall levy 3,433
and assess a tax at a uniform rate ASSESSMENTS upon all the 3,435
taxable property within the political subdivision so as to
provide sufficient funds for the payment of such THE annual levy 3,436
after deduction of any portion thereof OF THE LEVY paid from 3,437
other sources, and certify such tax THOSE ASSESSMENTS to the 3,439
county auditor. The proceeds of such tax THE ASSESSMENTS when 3,441
received by such THE political subdivision shall be deemed to be 3,443
appropriated for the payment of such THE annual levy. The 3,445
auditor shall receive the certificate of such tax THE levy and 3,446
certify the same LEVY for collection to the county treasurer, who 3,448
shall collect the same, all LEVY. ALL of said THE officers being 3,450
MENTIONED IN THIS SECTION ARE authorized and directed to take all 3,451
the necessary steps for the levying, collection, and distribution 3,452
of such tax THE ASSESSMENTS.
This section does not prevent the assessment of the real 3,454
estate of other corporations or persons situated within such THE 3,455
political subdivisions which may be subject to assessment for 3,457
special benefits to be received. 3,458
74
In the event of any dissolution or disincorporation of any 3,460
conservancy district organized pursuant to sections 6101.01 to 3,461
6101.84, inclusive, of the Revised Code, such UNDER THIS CHAPTER, 3,462
THE dissolution or disincorporation shall not affect the lien of 3,464
any assessment for the benefits imposed pursuant to such sections 3,465
THIS CHAPTER, or the liability of any land or of any public 3,467
corporation in such THE district to the levy of any future 3,469
assessments for the purpose of paying the principal and interest 3,470
of any bonds issued under such sections THIS CHAPTER. In the 3,472
event of any such dissolution or disincorporation, or in the 3,473
event of any failure on the part of the officers of any district 3,474
to qualify and act, or in the event of any resignations or 3,475
vacancies in office, which prevent action by said THE district or 3,476
by its proper officers, the county auditor and all other officers 3,477
charged in any manner with the duty of assessing, levying, and 3,478
collecting taxes ASSESSMENTS for public purposes in any county, 3,479
municipal corporation, or political subdivision in which such THE 3,481
lands are situated shall perform all acts which THAT are 3,483
necessary to the collection of any such assessment which has THE 3,485
ASSESSMENTS THAT HAVE been imposed and to the levying, imposing, 3,487
and collecting of any assessment which THAT it is necessary to 3,489
make for the purpose of paying the principal and interest of such 3,490
THE bonds. Any holder of any bonds issued pursuant to sections 3,491
6101.01 to 6101.84, inclusive, of the Revised Code, THIS CHAPTER 3,492
or any person or officer who is a AN INTERESTED party interest 3,494
may either, by suit, action, or mandamus, enforce and compel 3,496
performance of the duties required by such sections THIS CHAPTER 3,498
of any of the officers or persons mentioned in such sections THIS 3,500
CHAPTER.
Sec. 6101.65. If any county treasurer or other person 3,509
entrusted with the collection of assessments fails to make prompt 3,510
payment of the tax ASSESSMENTS, or any part thereof OF THEM, WHEN 3,512
collected under sections 6101.01 to 6101.84, inclusive, of the 3,513
Revised Code, THIS CHAPTER to the treasurer of the conservancy 3,515
75
district upon his THE presentation of a proper demand, he THE 3,516
COUNTY TREASURER OR OTHER PERSON shall forfeit ten per cent on 3,517
the amount of his THE delinquency. Such THE forfeiture shall at 3,518
once become due and payable, and both he THE COUNTY TREASURER OR 3,519
OTHER PERSON and his THE sureties OF THE COUNTY TREASURER OR 3,521
OTHER PERSON shall be liable therefor FOR THE FAILURE on his THE 3,523
official bond OF THE COUNTY TREASURER OR OTHER PERSON. The 3,524
county treasurer shall retain for his THE TREASURER'S services 3,525
one per cent of the amount he THE TREASURER collects on
delinquent taxes ASSESSMENTS. 3,526
Sec. 6101.67. Each member of the board of directors of a 3,535
conservancy district and each member of the board of appraisers 3,536
of a conservancy district shall receive a sum established by the 3,537
court, but not to exceed fifty dollars a day, and his necessary 3,538
expenses for the time actually employed in performing his 3,539
OFFICIAL duties. Such THE compensation and expenses shall be 3,541
paid only upon itemized statements therefor submitted and 3,542
certified to by the individual member. 3,543
Before any duties devolve upon a county auditor or a county 3,545
treasurer under sections 6101.01 to 6101.84, inclusive, of the 3,546
Revised Code THIS CHAPTER, the board of directors shall consult 3,547
them and agree upon the salaries for the extra clerical force 3,549
required in their respective offices to carry out the 3,550
requirements of the law by reason of the establishment of said 3,551
THE district. The board of directors shall provide for and pay 3,553
said THE salaries to said THE clerks while engaged in the work of 3,555
the district. Such THE clerks shall be selected and appointed by 3,557
each of said THE county officers for their respective offices. 3,559
In case of disagreement as to the compensation of such THE extra 3,560
clerical force, the matter shall be referred to the court of 3,561
common pleas of the county concerned for its determination. 3,562
Sec. 6101.68. The same land, if conducive to public 3,571
health, safety, convenience, or welfare, may be included in more 3,572
than one conservancy district and be subject to sections 6101.01 3,573
76
to 6101.84, inclusive, of the Revised Code, THIS CHAPTER for each 3,574
district in which it may be included. No district shall be 3,576
organized under such sections THIS CHAPTER in whole or in part 3,577
within the territory of a district already organized under such 3,579
sections THIS CHAPTER until the court determines whether the 3,580
public health, safety, convenience, or welfare demand the 3,581
organization of an additional district, or whether it demands 3,582
that the territory proposed to be organized into an additional 3,583
district shall be added to the existing district. If the 3,584
proceedings concerning two or more such districts are before the 3,585
court of common pleas of two or more counties, such THAT 3,586
determination shall be as provided in section 6101.69 of the 3,588
Revised Code.
Sec. 6101.69. In case IF any conservancy district is being 3,597
organized within, or partly within and partly without, the same 3,598
territory in which some other district has been or is being 3,599
organized, one judge of the court of common pleas of each county 3,600
in which such THE districts have been or are being organized 3,601
shall confer at the earliest convenient moment after they 3,602
ascertain the possibility of a conflict in jurisdiction, the 3,603
sitting to be had in the county having the largest assessed 3,604
valuation in the proposed district. 3,605
At such THE conference, the several judges shall determine 3,607
to what extent the several districts should be consolidated or to 3,609
what extent the boundaries should be adjusted in order to most 3,610
fully carry out the purposes of sections 6101.01 to 6101.84, 3,611
inclusive, of the Revised Code THIS CHAPTER. Such THE judges 3,613
shall by suitable orders make such THE determination effective. 3,615
If notices have been issued or jurisdiction acquired in any 3,617
proceeding concerning territory which is transferred to the court 3,618
of common pleas of another county, such notice THE NOTICES shall 3,619
not become void, and jurisdiction so acquired shall not be lost; 3,621
but, in each case, the court acquiring jurisdiction over such THE 3,623
transferred territory shall hold the same without further notice, 3,624
77
as if originally embraced in said THE district. At such THE 3,625
conference, the decision of the majority of the judges shall be 3,627
necessary for the determination of any matter, and, from such THE 3,628
decision, or from a failure to decide, appeal may be taken. 3,630
This section and section 6101.68 of the Revised Code do not 3,632
operate to delay or to interrupt any proceeding under sections 3,633
6101.01 to 6101.84, inclusive, of the Revised Code THIS CHAPTER, 3,634
until the question of jurisdiction has been finally determined by 3,635
the courts. 3,636
Sec. 6101.70. (A) If two or more conservancy districts 3,645
have been organized in a territory which, in the opinion of the 3,646
board of directors of the conservancy district of any one of the 3,647
districts, should constitute only one district, the board of any 3,648
one of the districts may petition the court for an order uniting 3,649
those districts into a single district. The petition shall be 3,650
filed in the office of the clerk of the court of common pleas of 3,651
that county that has the greatest valuation of real property 3,652
within the districts sought to be included, as shown by the tax 3,653
duplicates of the respective counties. The petition shall set 3,654
forth the necessity for the union of the two or more districts 3,655
and that the union of the districts would be conducive to the 3,656
public health, convenience, safety, or welfare and to the 3,657
economical execution of the purposes for which the districts were 3,658
organized. Upon receipt of the petition, the clerk shall give 3,659
notice by publication or by personal service to the boards of the 3,660
districts which THAT it is desired to unite with the district of 3,661
the petitioners. Such THE notice shall contain the time and 3,663
place where the hearing on the petition will be had and the 3,665
purpose of the same HEARING. The hearing shall be had in 3,666
accordance with sections 6101.01 to 6101.84 of the Revised Code, 3,668
THIS CHAPTER as for an original hearing. If, after the hearing, 3,670
the court finds that the averments of the petition are true and 3,672
that the districts, or any of them, should be united, it shall so 3,673
order, and thereafter those districts shall be united into one 3,674
78
and proceed as such ONE. The court shall designate the corporate 3,675
name of the united district, and such further proceedings shall 3,676
be taken as are provided for in sections 6101.01 to 6101.84 of 3,677
the Revised Code THIS CHAPTER. In accordance with division (A) 3,678
or (B) of section 6101.10 of the Revised Code, as applicable, the 3,679
court shall direct in the order who shall be the members of the 3,680
board of the united district, who shall thereafter have such THE 3,681
powers and be subject to such THE regulations as are provided for 3,682
the board in districts created in the first instance. 3,684
(B) All legal proceedings already instituted by or against 3,686
any of the constituent districts united into a single district 3,687
under division (A) of this section may be revived and continued 3,688
against the united district by an order of court substituting the 3,689
name of the united district for the constituent district, and 3,690
such THOSE proceedings shall then proceed as provided in sections 3,692
6101.01 to 6101.84 of the Revised Code THIS CHAPTER. 3,693
(C) Instead of organizing a new district from the 3,695
constituent districts, the court may do one of the following: 3,696
(1) Direct that one or more of the districts described in 3,698
the petition be included into another of the districts, which 3,699
other district shall continue under its original corporate name 3,700
and organization, unless the resulting district includes all or 3,701
parts of more than sixteen counties, in which case the court 3,702
shall appoint two additional members whose appointments and terms 3,703
of office shall comply with the requirements established in 3,704
division (C) of section 6101.10 of the Revised Code; 3,705
(2) Direct that the districts absorbed as described in 3,707
division (C)(1) of this section shall be represented on the board 3,708
of the original district, designating what members of the board 3,709
of the original district shall be retired from the new board and 3,710
what members representing the included districts shall take their 3,711
places, except that, if the resulting district includes all or 3,712
parts of more than sixteen counties, the court also shall appoint 3,713
two additional members whose appointments and terms of office 3,714
79
shall comply with the requirements established in division (C) of 3,715
section 6101.10 of the Revised Code; 3,716
(3) Direct that the included districts shall become 3,718
subdistricts of the main district. 3,719
(D) If the districts sought to be united were organized in 3,721
different counties, then the court to determine the question 3,722
involved shall consist of one judge from each of the counties in 3,723
the court of which one of the districts was organized, and a 3,724
majority shall be necessary to render a decision. From such a 3,725
THE decision, or from a failure to decide, any interested 3,726
property owner may appeal. No action under this section shall 3,728
interrupt or delay any proceeding under sections 6101.01 to 3,729
6101.84 of the Revised Code THIS CHAPTER, until the questions 3,730
involved are finally determined. 3,731
Sec. 6101.71. Whenever it is desired to construct 3,740
improvements wholly within, or partly within and partly without, 3,741
any conservancy district, which improvements will affect only a 3,742
part of said THE district, for the purpose of accomplishing such 3,743
work, subdistricts may be organized upon petition of the owners 3,745
of real property, or the governing body of any political 3,746
subdivision or watershed district created under section 6105.02 3,747
of the Revised Code, within, or partly within and partly without, 3,749
the district, or upon petition of the board of directors of the 3,750
district. Such THE petition shall fulfill the same requirements 3,751
concerning the subdistricts as the petition outlined in section 3,752
6101.05 of the Revised Code is required to fulfill concerning the 3,754
organization of the main district, and shall be filed with the 3,755
clerk of the same court of common pleas, and shall be accompanied 3,756
by a bond as provided for in section 6101.06 of the Revised Code. 3,757
All proceedings relating to the organization of such THE 3,758
subdistricts shall conform to sections 6101.01 to 6101.84, 3,759
inclusive, of the Revised Code, THE PROVISIONS OF THIS CHAPTER 3,760
relating to the organization of districts, except that it shall 3,762
not be necessary for the court to hold a preliminary meeting. 3,763
80
The judge determining that a sufficient petition has been filed 3,764
shall forthwith set a date for hearing, which shall be held not 3,765
later than sixty days after the filing of the petition, and shall 3,766
give notice thereof OF THE HEARING to the court of common pleas 3,768
of each county included in whole or in part in the main district. 3,769
The clerk of the court shall give notice of such THE hearing by 3,770
publication in the counties included in whole or in part within 3,772
the proposed subdistrict SUBDISTRICTS. Whenever the court by its 3,774
order entered of record decrees such subdistricts to be 3,775
organized, the clerk of said THE court THEN shall thereupon give 3,777
notice of such THE order to the board of directors of the 3,779
conservancy district, which THEN shall thereupon act also as the 3,780
board of directors of the subdistrict SUBDISTRICTS. Thereafter, 3,781
the proceedings in reference to the subdistrict SUBDISTRICTS 3,783
shall in all matters conform to such section; THIS CHAPTER, 3,785
except that, in appraisal of benefits and damages for the 3,787
purposes of such THE subdistricts, in the issuance of bonds or 3,788
notes, in the levying of assessments or taxes, and in all other 3,789
matters affecting only the subdistrict, such sections 3,790
SUBDISTRICTS THIS CHAPTER shall apply to this EACH subdistrict as 3,791
though it were an independent district, and it shall not, in 3,792
these things, be amalgamated with the main district. 3,793
The board of directors, board of appraisers, chief 3,795
engineer, attorney, secretary of the conservancy district, and 3,796
other officers, agents, and employees of the district shall, so 3,797
far as it is necessary, serve in the same capacities for such 3,798
EACH subdistrict, and contracts and agreements between the main 3,799
district and the EACH subdistrict may be made in the same manner 3,800
as contracts and agreements between two districts. The 3,802
distribution of administrative expense between the main district 3,803
and EACH subdistrict shall be in proportion to the interests 3,804
involved and the amount of service rendered. Such THE division 3,805
shall be made by the board of directors with an appeal to the 3,807
court establishing the district. This section does not prevent 3,808
81
the organization of independent districts for local improvements 3,809
under other laws within the limits of a CONSERVANCY district 3,810
organized under sections 6101.01 to 6101.84, inclusive, of the 3,812
Revised Code THIS CHAPTER, as provided in sections 6101.68 and 3,814
6101.69 of the Revised Code.
Sec. 6101.73. Irrigation districts may be formed under 3,823
sections 6101.01 to 6101.84, inclusive, of the Revised Code, THIS 3,824
CHAPTER by a substantial compliance as near as possible with such 3,826
sections ITS PROVISIONS. No such IRRIGATION district in its 3,828
construction or operation shall, in any manner, interfere with 3,830
works for the prevention of floods, or the drainage of lands, or 3,832
materially diminish their THE WORKS' protective value. The court 3,834
organizing such THE irrigation district shall require a statement 3,835
in the petition and proof to the effect that the organization and 3,836
operation of the same IRRIGATION DISTRICT will not materially 3,837
interfere with any works or plans for flood prevention or the 3,838
drainage or protection of lands. No improvement under such 3,839
sections THIS CHAPTER shall deprive the owners of lands lying 3,840
upon any stream of water of the ordinary flow in said THE stream 3,842
without compensation therefor. 3,843
Subject to this section, the board of directors has the 3,845
same powers as are conferred generally by sections 6101.01 to 3,846
6101.84, inclusive, of the Revised Code, so far THIS CHAPTER 3,847
INSOFAR as applicable. 3,848
Taxes ASSESSMENTS shall be levied and bonds issued as 3,850
provided in such sections THIS CHAPTER, using the words 3,851
"Conservancy Taxes ASSESSMENTS" or "Conservancy Bonds." 3,853
Sec. 6101.74. (A) If any person or public corporation, 3,862
within or without any conservancy district, considers itself 3,863
injuriously affected in any manner by any act performed by any 3,864
official or agent of such THE district, or by the execution, 3,865
maintenance, or operation of the official plan, and if no other 3,866
method of relief is offered under sections 6101.01 to 6101.84, 3,867
inclusive, of the Revised Code THIS CHAPTER, the remedy shall be 3,868
82
as follows:
(1) The person or public corporation considering itself to 3,870
be injuriously affected shall petition the court before which 3,871
said THE district was organized for an appraisal of damages 3,873
sufficient to compensate for such THE injuries. The 3,874
(2) THE court shall thereupon direct the board of 3,877
appraisers of the conservancy district to appraise said THE 3,878
damages and injuries, and to make a report to the court on or 3,880
before the time named in the order of the court. Upon
(3) UPON the filing of said THE report of the board of 3,883
appraisers, the court shall cause notice to be given to NOTIFY 3,884
the petitioner and to the board of directors of the conservancy 3,886
district of a hearing on said THE report. At the time of such 3,887
THE HEARING, the court shall consider the report of the board of 3,889
appraisers, and may ratify said THE report or amend it as the 3,890
court deems CONSIDERS equitable, or may return it to the board of 3,892
appraisers and require it to prepare a new report. Upon 3,893
(4) UPON the filing of an order of the court approving 3,895
said THE report of the board of appraisers, with such 3,896
modifications as it has made, said THE order constitutes a final 3,898
adjudication of the matter unless it is appealed from within 3,900
twenty days. Appeal to a jury from said THE order may be had by 3,901
the petitioner, by the board of directors, or by any person or 3,903
public corporation which THAT has been assessed for the costs of 3,904
the district. No 3,905
(B) NO damages shall be allowed under this section which 3,908
THAT would not otherwise be allowed in law. NOTHING IN THIS 3,909
SECTION SHALL BE CONSTRUED AS EXPRESSLY IMPOSING ANY LIABILITY 3,910
UPON A CONSERVANCY DISTRICT.
Sec. 6101.77. The performance of all duties prescribed in 3,919
sections 6101.01 to 6101.84, inclusive, of the Revised Code, THIS 3,920
CHAPTER concerning the organization and administration or 3,921
operation of the conservancy district may be enforced against any 3,922
officer thereof OF THE DISTRICT by mandamus at the instance of 3,923
83
the board OF DIRECTORS OF THE DISTRICT or of any person or public 3,925
corporation interested in any way in such THE district. The 3,926
board of directors of the conservancy district may institute 3,927
court proceedings to enforce compliance by any person or public 3,928
corporation with any order of the board of directors of the 3,929
conservancy district. The board may institute such THOSE 3,930
proceedings in the court of appeals in the first instance. 3,931
Sec. 6101.78. In any case where IF a notice and hearing by 3,940
the court are provided for in sections 6101.01 to 6101.84, 3,941
inclusive, of the Revised Code THIS CHAPTER, the court shall, 3,942
prior to the conclusion of the hearing, examine the form of the 3,944
notice and all evidence relating to the giving of such THE notice 3,945
and, if the court finds for any reason that due notice was not 3,946
given in whole or in part, whether by reason of noncompliance 3,947
with any of the requirements of said sections THIS CHAPTER or 3,948
with any applicable constitutional requirements, the court shall 3,949
not thereby lose jurisdiction, and the proceeding in question 3,950
shall not thereby be void; but the court shall in that case order 3,951
notice to be given in compliance with the requirements of said 3,952
sections THIS CHAPTER to the parties to whom due notice was not 3,953
given or the court shall order the giving of such other and 3,954
further notice as the court shall prescribe to comply with any 3,955
applicable constitutional requirements, and shall continue the 3,956
hearing until such THE time as such WHEN THE notice is properly 3,958
given, and thereupon THEN shall proceed as though notice had been 3,959
properly given in the first instance.
In case any appraisal, assessment, or levy is held void for 3,961
want of legal notice, whether by reason of noncompliance with any 3,962
of the requirements of sections 6101.01 to 6101.84, inclusive, of 3,963
the Revised Code, THIS CHAPTER or with any applicable 3,964
constitutional requirements, or in case the board of directors of 3,966
the conservancy district determines that any notice with 3,967
reference to any land or public corporation is faulty for one of 3,968
the same reasons, then the board may file a motion in the 3,969
84
original cause asking that the court order such THAT THE notice 3,970
as may be required by said sections THIS CHAPTER or any 3,972
applicable constitutional requirements to be given to the owner 3,973
of such THE land or to such THE public corporation and set a time 3,975
for hearing as provided in such sections THIS CHAPTER, and, upon 3,977
the granting of such THE motion and the giving of such THE 3,978
notice, the court thereupon THEN shall proceed as though notice 3,979
had been properly given in the first instance. If the original 3,980
notice was faulty only with reference to certain public 3,981
corporations or tracts, only such THE public corporations or the 3,982
owners of and persons interested in those particular tracts need 3,983
be notified by such THE subsequent notice. If the publication of 3,984
any notice in any county was defective or not made in time, 3,986
republication of the defective notice is necessary only in the 3,987
county in which the defect occurred. 3,988
Sec. 6101.79. All cases in which there arises a question 3,997
of the validity of the organization of conservancy districts 3,998
shall be advanced as a matter of immediate public interest and 3,999
concern, and heard in all courts at the earliest practicable 4,000
moment.
The court shall be open at all times for the purposes of 4,002
sections 6101.01 to 6101.84, inclusive, of the Revised Code THIS 4,003
CHAPTER. 4,004
Sec. 6101.80. Sections 6101.01 to 6101.84, inclusive, of 4,013
the Revised Code THIS CHAPTER shall be liberally construed to 4,014
effect the control, conservation, and drainage of the waters of 4,016
this state.
Sec. 6101.84. The following forms illustrate the character 4,025
of the procedure contemplated by sections 6101.01 to 6101.84 of 4,026
the Revised Code THIS CHAPTER, and, if substantially complied 4,028
with, those things being changed which should be changed to meet 4,029
the requirements of the particular case, such procedure shall be 4,030
held to meet the requirements of such sections THIS CHAPTER. 4,031
(A) Form of Notice of Hearing on the Petition: 4,033
85
"To all Persons and Public Corporations Interested: 4,035
Public Notice is Hereby Given: 4,037
(1) That on the ...... day of .........., 19...., pursuant 4,039
to the Conservancy Law of Ohio, there was filed in the office of 4,040
the Clerk of the Court of Common Pleas of ........... County, 4,041
Ohio, the petition of ............ and others for the 4,042
establishment of a Conservancy District to be known as .......... 4,043
Conservancy District. 4,044
(Here insert the purposes) 4,046
(2) That the lands sought to be included in said District 4,048
comprise lands in .......... and .......... Counties, Ohio, 4,049
described substantially as follows: 4,050
Beginning on the north line of .......... County at its 4,052
point of intersection with the west bank of the .......... River; 4,053
thence west along the north line of .......... County to the high 4,054
bluffs facing said .......... River on the west; thence following 4,055
the base of the line of said bluffs to the north line of the 4,056
right of way of the .......... Railroad; thence west along the 4,057
north right of way line of said Railroad to the center line of 4,058
........... Avenue in the Village of ..........; thence south 4,059
along the center line of .......... Avenue to the .......... 4,060
Pike; thence southeasterly along the .......... Pike to the 4,061
southeasterly line of the right of way of the .......... 4,062
Railroad; thence southeasterly along said right of way line to 4,063
the corporate limits of the City of ..........; thence with said 4,064
corporation line southerly, easterly, and northerly to the 4,065
southerly right of way line of the main track of the .......... 4,066
Railroad; thence easterly along said last named right of way line 4,067
to the boundary line between .......... Counties; thence north 4,068
along said County line to the southerly line of .......... 4,069
County; thence easterly along the dividing line between 4,070
.......... Counties to the easterly line of the right of way of 4,071
the .......... Railroad; thence northerly along said right of way 4,072
line to its intersection with the .......... Pike; thence 4,073
86
westerly along said Pike to the center line of the bridge over 4,074
.......... Creek; thence up said Creek and along the center line 4,075
thereof to the north line of .......... County; thence west to 4,076
the place of beginning. 4,077
Or, if found more convenient, the lands sought to be 4,079
included in the District may be described as follows: 4,080
All of Township .......... in Range ...... between the 4,082
.......... Railroad and the .......... River; the following lands 4,083
in .......... Township and ...... Range; Section ...... and the 4,084
...... half of Section ......; also all lands within the 4,085
corporate limits of the City of .......... etc. 4,086
(3) That a public hearing on said petition will be had in 4,088
said Court on ....... the ...... day of ........, ...., at the 4,089
hour of ...... o'clock .....M. by the Court of Common Pleas of 4,090
.......... County, at the Courthouse in the City of .......... 4,091
County, Ohio.
All persons and public corporations interested will be 4,093
given the opportunity to be heard at the time and place above 4,094
specified. 4,095
................................... 4,097
Clerk of the Court of Common Pleas 4,098
of .................. County, Ohio. 4,099
Dated .........., Ohio, .............., 19...." 4,102
(B) Form of Finding on Hearing: 4,104
"State of Ohio, ) 4,106
) ss. 4,107
.......... County ) 4,108
In the Court of Common Pleas of .......... County. In 4,110
Matter of .......... Conservancy District: 4,111
FINDINGS AND DECREE ON HEARING 4,112
On this ...... day of ........, 19...., this cause coming 4,114
on for hearing upon the petition of .......... and others, for 4,115
the organization of a Conservancy District under the Conservancy 4,116
Law of Ohio, the Court, after a full hearing now here finds: 4,117
87
(1) That it has jurisdiction of the parties to and the 4,119
subject matter of this proceeding. 4,120
(2) That the purposes for which said District is 4,122
established are: 4,123
(Insert the purposes) 4,124
And that it is a public necessity. 4,126
(3) That the public safety, health, convenience, and 4,128
welfare will be promoted by the organization of a Conservancy 4,129
District substantially as prayed in said petition (if additional 4,130
lands are added by petition) except, that the following 4,131
additional lands at the petition of the owners thereof should be 4,132
and hereby are included in said District: 4,133
(Here insert additional lands) 4,134
(4) That the boundaries of said District as modified by 4,136
the last finding herein are as follows: (Here insert corrected 4,137
boundaries of district) 4,138
(5) That the said territory last above described should be 4,140
erected into and created a Conservancy District under the 4,141
Conservancy Law of Ohio under the corporate name of ............ 4,142
Conservancy District. 4,143
Wherefore, it is by the Court ordered, adjudged, and 4,145
decreed: 4,146
That the territory as above described be, and the same 4,148
hereby is erected into and created a Conservancy District under 4,149
the Conservancy Law of Ohio under the corporate name of ......... 4,150
Conservancy District, with its office or principal place of 4,151
business at .........., in .......... County, Ohio. (If 4,152
directors are appointed at the same time) And the following 4,153
persons are hereby appointed directors of said Conservancy 4,154
District: 4,155
..............., for the term of three years, 4,157
..............., for the term of four years (if the 4,159
district includes all or parts of more than sixteen counties), 4,160
..............., for the term of five years, 4,162
88
..............., for the term of six years (if the district 4,164
includes all or parts of more than sixteen counties), 4,165
..............., for the term of seven years, who are 4,167
hereby directed to qualify and proceed according to law. 4,168
(6) For consideration of other matters herein, this cause 4,170
is retained on the docket. 4,171
.............................. 4,172
Judge" 4,173
(C) Form of Notice to Persons and Public Corporations to 4,176
pay Assessment: 4,177
"To all Persons and Public Corporations Interested: 4,179
Public Notice is Hereby Given: 4,181
(1) That on the ...... day of ........, 19...., the Board 4,183
of Directors of The .......... Conservancy District duly levied 4,184
an assessment upon all the benefited property and public 4,185
corporations in said District in the aggregate sum of $........., 4,186
has caused the same to be recorded upon the Assessment Record of 4,187
said District, and that said Assessment Record is now on file in 4,188
the office of the District at ............ 4,189
(2) That the assessment against any parcel of land or any 4,191
public corporation may be paid to the Treasurer of The .......... 4,192
Conservancy District at any time on or prior to .........., 19 4,193
...., without costs and without interest, and if so paid a 4,195
discount of ten per cent of the assessment will be allowed 4,196
according to law.
(3) That as soon after the ..... day of ........, 19...., 4,198
as conveniently may be, the Board of Directors of said District 4,199
will divide the uncollected assessment into convenient 4,200
installments, provide for the collection of interest on the 4,201
unpaid installments, and will issue bonds bearing interest not 4,202
exceeding the rate provided in section 9.95 of the Revised Code 4,203
in anticipation of the collection of the several installments of 4,204
said assessment pursuant to the Conservancy Law of Ohio. 4,205
89
.............................. 4,206
President 4,208
.............................. 4,210
Secretary" 4,212
(D) Form of Bond and of Coupon: 4,215
(Form of Bond) 4,216
"No. ......................... $ ............................ 4,218
UNITED STATES OF AMERICA 4,221
State of Ohio 4,222
............. Conservancy District. 4,223
Conservancy Bond. 4,224
Know all Men PERSONS by These Presents that ........... 4,226
Conservancy District, a legally organized Conservancy District of 4,227
the State of Ohio, acknowledges itself to owe and for value 4,228
received hereby promises to pay to bearer ........ Dollars 4,229
($........) on the first day of ........, 19...., with interest 4,230
thereon from the date hereof until paid at the rate of ...... per 4,231
cent per annum, payable ........, 19...., and semiannually 4,232
thereafter on the first day of ........ and of ........ in each 4,233
year on presentation and surrender of the annexed interest 4,234
coupons as they severally become due. Both principal and 4,235
interest of this bond are hereby made payable in lawful money of 4,236
the United States of America, at the office of the Treasurer of 4,237
State, in the City of Columbus, Ohio. 4,238
This bond is one of a series of bonds issued by ........... 4,240
Conservancy District for the purpose of paying the cost of 4,241
constructing a system of flood prevention (or for the other 4,242
works) for said District and in anticipation of the collection of 4,243
the several installments of an assessment duly levied upon lands 4,244
and public corporations within said District and benefited by 4,245
said improvement in strict compliance with the Conservancy Law of 4,246
Ohio, and pursuant to an order of the Board of Directors of said 4,247
District duly made and entered of record. 4,248
And it is hereby certified and recited that all acts, 4,250
90
conditions, and things required to be done in locating and 4,251
establishing said District and in equalizing appraisals of 4,252
benefits and in levying assessments against lands and public 4,253
corporations benefited thereby, and in authorizing, executing, 4,254
and issuing this bond, have been legally had, done, and performed 4,255
in due form of law; that the total amount of bonds issued by said 4,256
District does not exceed ninety per cent of the assessments so 4,257
levied and unpaid at the time said bonds are issued or any legal 4,258
limitation thereof. 4,259
And for the performance of all the covenants and 4,261
stipulations of this bond and of the duties imposed by law upon 4,262
said District for the collection of the principal and interest of 4,263
said assessments and the application thereof to the payment of 4,264
this bond and the interest thereon, and for the levying of such 4,265
other and further assessments as are authorized by law and as may 4,266
be required for the prompt payment of this bond and the interest 4,267
thereon, the full faith, credit, and resources of said .......... 4,268
Conservancy District are hereby irrevocably pledged. 4,269
In Testimony Whereof the Board of Directors of ............ 4,271
Conservancy District has caused this bond to be signed by its 4,272
President and sealed with the corporate seal of said District, 4,273
attested by its Secretary, and registered by the Treasurer of 4,274
State, and the coupons hereto annexed to be executed by the 4,275
facsimile signatures of said President and Secretary, as of the 4,276
............ day of ................, 19..... 4,277
.............................. 4,278
President 4,279
Attest: 4,280
........................ 4,281
Secretary" 4,283
(Form of Coupon) 4,285
"$....................... 4,287
(..........) 4,289
On the first day of ( ) 19,.... 4,290
91
(..........) 4,291
.................... Conservancy District promises to pay 4,293
to bearer ................ Dollars ($..........) lawful money of 4,294
the United States of America, at the office of the Treasurer of 4,295
State, Columbus, Ohio, being semiannual interest due on that date 4,296
on its Conservancy Bond dated ................, 19..... 4,297
.............................. 4,298
President 4,299
No. .................... 4,302
........................ 4,304
Secretary" 4,306
(E) Form of Notice of Enlargement of District: 4,308
"State of Ohio, ) 4,310
) ss. 4,311
County of ............. ) 4,312
In the Court of Common Pleas, 4,314
................ County, Ohio. 4,316
In the Matter of 4,318
.................. Conservancy District 4,320
NOTICE OF ENLARGEMENT OF DISTRICT 4,322
To All Persons (and Public Corporations, if any) 4,324
Interested:
Public Notice Is Hereby Given: 4,326
(1) That heretofore on the ...... day of .........., 4,329
19...., the Court of Common Pleas of ................ County,
Ohio, duly entered a final decree erecting and creating 4,330
................ Conservancy District and appointing a Board of 4,331
Directors therefor. 4,332
(2) That thereafter this Court duly appointed 4,334
........................ 4,336
........................ 4,338
........................ 4,340
........................ (if the district includes all or 4,342
parts of more than sixteen counties) 4,343
92
........................ (if the district includes all or 4,345
parts of more than sixteen counties) 4,346
to be the Board of Appraisers for said District. That said 4,348
Board of Appraisers on the ........ day of ............, 19...., 4,349
filed its report recommending that the following described lands, 4,351
not originally included in the District, be added thereto: 4,352
(Here describe generally the lands which the Report of the 4,354
Board of Appraisers recommends should be added to the District). 4,355
(3) That on ........, the ........ day of .............., 4,357
19...., (or as soon thereafter as the convenience of the Court 4,358
will permit), at the Courthouse in ............ of 4,359
.............., Ohio, the Court of Common Pleas of 4,360
.................. County, Ohio, will hear all persons and public 4,361
corporations interested upon the question whether said lands 4,362
should be added to and included in said .................... 4,363
Conservancy District. 4,364
................................... 4,365
Clerk of the Court of Common Pleas 4,366
of ........................ County,
Ohio" 4,367
(F) Form of Notice of Hearing on Appraisals: 4,370
"State of Ohio, ) 4,372
) ss. 4,373
County of .............. ) 4,374
In the Court of Common Pleas, ........... County, Ohio. 4,376
In the Matter of ) 4,378
) 4,379
......... Conservancy District ) 4,380
NOTICE OF HEARING ON APPRAISALS 4,382
To all Persons and Public Corporations Interested: 4,384
Public Notice Is Hereby Given: 4,386
(1) That heretofore on the ........ day of ............., 4,388
19...., the Court of Common Pleas of ................ County, 4,389
Ohio, duly entered a decree erecting and creating ............... 4,390
93
Conservancy District and appointing a Board of Directors 4,391
therefor. 4,392
(2) That thereafter this Court duly appointed 4,394
................................................................. 4,395
the Board of Appraisers for said District. That said Board of 4,396
Appraisers on the ........ day of ................, 19...., filed 4,397
its Appraisals of Benefits and Damages and of land to be taken as 4,398
follows: (Here insert general description of land appraised) 4,399
The said appraisal of benefits and damages and of land to 4,401
be taken is now on file in the office of the clerk of this court. 4,402
(3) All public corporations and all persons, owners of or 4,404
interested in the property described in said Report, whether as 4,405
benefited property or as property taken and damaged (whether said 4,406
taken or damaged property lies within or without said District), 4,407
desiring to contest the appraisals as made and returned by the 4,408
Board of Appraisers, must file their objections in said court on 4,409
or before the ........ day of ................, 19...., (here 4,410
insert a date thirty days after the last publication of the 4,411
notice) and a hearing on said appraisal will be had on the 4,412
........ day of ................, 19...., (here insert a date not 4,413
less than forty, nor OR more than fifty, days after the date of 4,414
the last publication of this notice, as fixed by the court) in 4,415
the City of .................., Ohio, at which time an 4,416
opportunity will be afforded all objectors to be heard upon their 4,417
several objections. 4,418
................................... 4,420
Clerk of the Court of Common Pleas 4,422
of ................... County, Ohio
Dated at the City of .................., Ohio, this ....... 4,425
day of .................., 19....." 4,426
(G) Form of Certificate of Assessment Record: 4,428
"This is to Certify: 4,430
(1) That on the ........ day of ................, 19...., 4,432
the Board of Directors of The .................. Conservancy 4,433
94
District duly levied an assessment upon all the benefited 4,434
property and public corporations in said District in the 4,435
aggregate sum of $............, together with interest, and duly 4,436
apportioned said assessment to and levied said assessment upon 4,437
each tract of land or other property and each public corporation 4,438
in said District in proportion to the benefits thereto. 4,439
(2) That the said assessment and the apportionment thereof 4,441
upon the benefited lands and public corporations have been 4,442
recorded in the Conservancy Assessment Record of The 4,443
.................. Conservancy District which contains in tabular 4,444
form A notation of the items of property and the public 4,445
corporations to which benefits have been appraised, the total 4,446
amount of benefits appraised against each item or public 4,447
corporation, and the total assessment levied against each item or 4,448
public corporation.
(3) That the Conservancy Assessment Record of The 4,450
................ Conservancy District contains a true and correct 4,451
record of the benefits approved and confirmed by the Court and of 4,452
the assessment levied by the Board of Directors thereof on 4,453
........ day of ............, 19..... 4,454
IN WITNESS WHEREOF, the President and Secretary, 4,456
respectively, of the Board of Directors of The ................ 4,457
Conservancy District have hereunto set their hands and the 4,458
corporate seal of the said District this ........ day of 4,459
............, 19..... 4,460
................................... 4,461
President 4,462
................................... 4,463
Secretary" 4,464
(H) Form of Certificate of Annual Levy: 4,466
"This is to Certify: 4,468
(1) That on the ........ day of ............, 19...., the 4,470
Board of Directors of The ................ Conservancy District 4,471
determined, ordered, and levied the Annual Levy of 19.... (YEAR) 4,473
95
upon all the benefited property and public corporations in said 4,474
District in the aggregate sum of $................ for the 4,475
account of the Bond Retirement Fund of said District and pursuant 4,476
to and being a part of assessments heretofore levied. 4,477
(2) That the said Board of Directors has duly apportioned 4,479
said Annual Levy to all of the benefited properties and public 4,480
corporations in said District and that the respective amounts of 4,481
said Annual Levy imposed upon the benefited properties and public 4,482
corporations have been recorded in the Conservancy Assessment 4,483
Book RECORD of The ................ Conservancy District, which 4,484
contains a schedule thereof. 4,485
(3) That on the ........ day of ............, 19...., the 4,487
Board of Directors of The ................ Conservancy District 4,488
duly levied a maintenance assessment for the year 19...., in the 4,489
aggregate sum of $............ for the account of the Maintenance 4,490
Fund of said District. That said maintenance assessment has been 4,491
duly apportioned to the benefited properties and public 4,492
corporations in said District in proportion to benefits and that 4,493
the amounts of said maintenance assessment imposed upon the 4,494
properties and public corporations in said District have been 4,495
recorded in the Conservancy Assessment Book RECORD of The 4,496
................ Conservancy District. 4,497
(4) That the Conservancy Assessment Book RECORD contains a 4,499
true and correct record of the Annual Levy of 19.... (YEAR) and 4,501
of the maintenance assessment for the year 19.... as determined, 4,502
ordered, and levied by the Board of Directors of The 4,503
................. Conservancy District on the ........ day of 4,504
............, 19..... 4,505
(5) That the said amounts of said Annual Levy and of said 4,507
maintenance assessment shall be collectible and payable in the 4,508
year 19.... in the sums specified at the same time that the state 4,509
and county taxes are due and collectibel COLLECTIBLE. 4,510
IN WITNESS WHEREOF, the President and Secretary, 4,512
respectively, of the Board of Directors of the ................ 4,513
96
Conservancy District have hereunto set their hands and the 4,514
corporate seal of this said District this ........ day of 4,515
............, 19..... 4,516
................................... 4,517
President 4,518
................................... 4,519
Secretary" 4,520
Section 2. That existing sections 5511.04, 6101.01, 4,522
6101.02, 6101.03, 6101.04, 6101.07, 6101.08, 6101.11, 6101.12, 4,523
6101.13, 6101.15, 6101.16, 6101.17, 6101.19, 6101.23, 6101.25, 4,524
6101.30, 6101.31, 6101.32, 6101.33, 6101.36, 6101.38, 6101.39, 4,526
6101.40, 6101.41, 6101.42, 6101.43, 6101.44, 6101.441, 6101.45,
6101.48, 6101.49, 6101.50, 6101.501, 6101.51, 6101.52, 6101.53, 4,527
6101.54, 6101.55, 6101.57, 6101.58, 6101.59, 6101.60, 6101.61, 4,528
6101.65, 6101.67, 6101.68, 6101.69, 6101.70, 6101.71, 6101.73, 4,529
6101.74, 6101.77, 6101.78, 6101.79, 6101.80, and 6101.84 of the 4,530
Revised Code are hereby repealed.