As Reported by House Agriculture and Natural Resources Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 617 5
1999-2000 6
REPRESENTATIVES MOTTLEY-NETZLEY-BRITTON-ALLEN-JOLIVETTE- 8
GRENDELL-SCHULER-JACOBSON-VESPER-WIDENER-HARRIS 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 COUNTY OR counties 104
wherein such WHERE THE publication is to be made. Such 107
publication need not be made on the same day of the week in each 108
of the three weeks; but not less than fourteen days, excluding 109
the day of the first publication, shall intervene between the 110
first publication and the last publication. Publication shall be 111
complete on the date of the last publication. Where such WHEN A 112
publication is required to be made by a conservancy district or 114
its board of directors, a copy of such THE publication, certified 116
by the secretary of the conservancy district to have been 117
published in accordance with the provisions of this division of 118
section 6101.01 of the Revised Code, shall be admitted in any 119
court of this state as prima-facie evidence that such THE 120
publication has 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
TWENTY-FIVE thousand dollars shall be advertised after notice 911
20
calling for bids has been published once a week for three TWO 912
consecutive weeks completed on date of last publication, WITH THE 913
LAST PUBLICATION TO OCCUR AT LEAST EIGHT DAYS PRIOR TO THE DATE 914
ON WHICH BIDS WILL BE ACCEPTED, in at least one A newspaper of 917
general circulation within the conservancy district where the
work is to be done. If the bids are for a contract for the 918
construction, demolition, alteration, repair, or reconstruction 919
of an improvement, the board of directors of the conservancy 920
district may let the contract to the lowest or best RESPONSIVE 921
AND MOST RESPONSIBLE bidder who meets the requirements of section 923
153.54 of the Revised Code. If the bids are for a contract for 924
any other work relating to the improvements for which a 925
conservancy district was established, the board of directors of 926
the district may let the contract to the lowest or best 927
RESPONSIVE AND MOST RESPONSIBLE bidder who gives a good and 928
approved bond, with ample security, conditioned on the carrying 929
out of the contract. The contract shall be in writing and shall 930
be accompanied by or refer to plans and specifications for the 931
work to be done prepared by the chief engineer. The plans and 932
specifications shall at all times be made and considered a part 933
of the contract. The contract shall be approved by the board and 934
signed by the president of the board and by the contractor and 935
shall be executed in duplicate. In case of sudden emergency when 936
it is necessary in order to protect the district, the advertising 937
of contracts may be waived upon the consent of the board, with 938
the approval of the court or a judge of the court of common pleas 939
of the county in which the office of the district is located. 940
Sec. 6101.17. The board of directors of a conservancy 949
district, when it is necessary for the purposes of sections 950
6101.01 to 6101.84, inclusive, of the Revised Code THIS CHAPTER, 952
shall have a dominant right of eminent domain over the right of 953
eminent domain of railroad, telegraph, telephone, gas, water 954
power, and other companies and corporations, and over townships, 955
counties, and municipal corporations. 956
21
In the exercise of this right, due care shall be taken to 958
do no unnecessary damage to other public utilities, and, in case 960
of failure to agree upon the mode and terms of interference, not 961
to interfere with their operation or usefulness beyond the actual 962
necessities of the case, due regard being paid to the other 963
public interests involved.
Sec. 6101.19. (A) The board of directors of a conservancy 972
district may make and enforce such rules and regulations as it 973
deems CONSIDERS necessary and advisable TO DO THE FOLLOWING: 975
(1) To protect and preserve the works, improvements, and 977
properties owned or controlled by the district, prescribe the 978
manner of their use by public corporations and persons, and 979
preserve order within and adjacent thereto TO THE WORKS, 980
IMPROVEMENTS, AND PROPERTIES; 981
(2) To prescribe the manner of building bridges, roads, or 983
fences or other works in, into, along, or across any channel, 984
reservoir, or other construction of the district; 985
(3) To prescribe the manner in which ditches, sewers, pipe 987
lines, or other works shall be adjusted to or connected with the 988
works of the district or any watercourse therein IN THE DISTRICT 989
and the manner in which the watercourses of the district may be 991
used for sewer outlets or for disposal of waste; 992
(4) To prescribe the permissible uses of the water supply 994
provided by the district and the manner of its distribution, and 995
to prevent the pollution or unnecessary waste of such THE water 996
supply; 997
(5) To prohibit or regulate the discharge into the sewers 999
of the district of any liquid or solid wastes deemed CONSIDERED 1,000
detrimental to the works and improvements of the district. 1,002
Such THE rules and regulations shall not be inconsistent 1,004
with the laws of the state or the rules and regulations or 1,005
requirements of the director of environmental protection, and 1,006
shall be published in the manner provided by section 6101.01 of 1,007
the Revised Code before taking effect. 1,008
22
(B) No person shall violate any rule or regulation adopted 1,010
in accordance with this section. 1,011
(C) The board may enforce by mandamus or otherwise all 1,013
necessary regulations made by it and authorized by sections 1,014
6101.01 to 6101.84 of the Revised Code, and THIS CHAPTER, may 1,016
remove any harmful or improper construction or obstruction or 1,017
close any opening or connection made improperly or in violation 1,018
of such THE rules and regulations, and may bring such suits in 1,020
mandamus in the court of appeals in the first instance, if it 1,021
deems CONSIDERS it advisable. Any person or public corporation 1,024
which THAT willfully fails to comply with such THE rules and 1,026
regulations shall be liable for damage caused by such THE 1,028
failure, and for the cost of renewing any construction damaged or 1,030
destroyed.
(D) No person or public corporation shall erect within the 1,032
drainage area of the district any dam or reservoir upon any 1,033
stream or watercourse therein IN IT, or any work or obstruction 1,035
diminishing the cross section of any such stream or watercourse 1,036
IN IT, until a copy of the plans thereof FOR THE DAM, RESERVOIR, 1,038
WORK, OR OBSTRUCTION has been filed with the secretary of the 1,040
conservancy district for the board's examination. 1,041
Sec. 6101.23. The board of directors of a conservancy 1,050
district may enter into contracts or other arrangements with the 1,051
United States government or any department thereof OF IT, with 1,052
persons, railroads, or other corporations, with public 1,054
corporations, and with the state government of this or other 1,055
states, AND with drainage, conservation, conservancy, sewer, 1,056
park, or other improvement districts, in this or other states, 1,057
for co-operation or assistance, not in violation of Article VIII, 1,058
Ohio Constitution, in constructing, maintaining, using, and 1,059
operating the works of the district, the waters thereof OF IT, or 1,060
the parks, parkways, forests, and recreational facilities thereof 1,061
OF IT, or in minimizing or preventing damage to the properties, 1,063
works, and improvements of the district from soil erosion, or for 1,064
23
making surveys and investigations or reports thereon. The board 1,065
may purchase, lease, or acquire land or other property in 1,066
adjoining states to secure outlets or for other purposes of 1,067
sections 6101.01 to 6101.84, inclusive, of the Revised Code, THIS 1,068
CHAPTER and may let contracts or spend money for securing such 1,069
THE outlets or other works in adjoining states. 1,070
Sec. 6101.25. The board of directors of a conservancy 1,079
district may construct, improve, operate, maintain, and protect 1,080
parks, parkways, forest preserves, bathing beaches, playgrounds, 1,081
and other recreational facilities upon the lands owned or 1,082
controlled by the district, or upon lands located within the 1,083
district owned or controlled by the United States government or 1,084
any department thereof OF IT, by the THIS state of Ohio or any 1,086
department or division thereof OF IT, or by any political 1,087
subdivision, if authorized by lease, contract, or other 1,089
arrangements with the appropriate agency of government having 1,090
such ownership or control, and. THE BOARD may acquire by lease, 1,092
purchase, or appropriation property additional to that required 1,093
for the purposes for which the district was incorporated, in 1,094
order to provide for the protection, more adequate development, 1,095
and fuller public use and enjoyment of such THE improvements and 1,097
facilities. The board may impose and collect charges for the use 1,098
of the properties, improvements, and facilities maintained or 1,099
operated by the district for recreational purposes. Moneys 1,100
collected from these charges may be used to promote the 1,101
district's recreational facilities. 1,102
In case the revenues derived or to be derived from the 1,104
properties, improvements, and facilities maintained, operated, 1,105
used, or acquired by the district for recreational purposes are 1,106
not sufficient for the purposes of this section, the board, with 1,107
the approval of the court, may provide for the payment of 1,108
obligations incurred under this section by either or both the 1,109
following methods, as determined by the court: 1,110
(A) The levy of taxes upon all the taxable property of the 1,112
24
district; 1,113
(B) The THE levy of special assessments upon public 1,115
corporations having lands within the district. 1,116
In no case shall such THE obligations INCURRED UNDER THIS 1,118
SECTION be paid from the proceeds of special assessments levied 1,120
under section 6101.48 or 6101.53 of the Revised Code, or of bonds 1,121
or notes issued in anticipation thereof OF THEM. If the first 1,122
such method is approved by the court, the board may levy in any 1,124
year taxes of not to exceed one-tenth of one mill upon the 1,125
taxable real and personal property of the district for the 1,126
purposes of this section, and in anticipation of the collection 1,127
thereof, the board may issue bonds and notes for the acquisition 1,128
and construction of the properties and improvements authorized by 1,129
this section. Such bonds and notes shall be issued in the manner 1,130
and subject, so far as applicable, to the conditions provided by 1,131
sections 6101.50, 6101.51, and 6101.52 of the Revised Code. In 1,132
case the second method is AFTER SPECIAL ASSESSMENTS AGAINST THE 1,133
PUBLIC CORPORATIONS ARE approved by the court, the board of 1,134
appraisers of the conservancy district shall appraise the 1,135
benefits to be conferred on each public corporation containing 1,136
lands within the district by reason of the acquisition and 1,137
construction of the properties and improvements authorized by the 1,138
board of directors under this section, and shall appraise the 1,139
damages accruing to persons and public corporations therefrom 1,140
FROM THE IMPROVEMENTS. Sections 6101.01 to 6101.84 of the 1,141
Revised Code, with reference THE PROVISIONS OF THIS CHAPTER THAT 1,142
REFER to the determination of benefits and damages, apply to such 1,144
THE appraisals made under this section, but they shall be 1,146
separate from other appraisals of benefits and damages made under 1,147
such sections THIS CHAPTER, and separate records thereof OF THEM 1,149
shall be prepared. After the appraisal of benefits has been 1,151
approved by the court, and within the amount of benefits so 1,152
determined, the board of directors may levy assessments on the 1,153
public corporations benefited to pay the cost of the properties 1,154
25
and improvements acquired and constructed under this section, and 1,155
may issue bonds and notes in anticipation of the collection of 1,156
such THESE assessments. In addition, the board of directors may 1,158
annually levy a maintenance assessment for the purposes of this 1,159
section on such THE public corporations upon the basis of total 1,161
appraised benefits. Sections 6101.01 to 6101.84, inclusive, of 1,162
the Revised Code, relating THE PROVISIONS OF THIS CHAPTER THAT 1,163
RELATE to assessments for district purposes and to bonds and 1,164
notes issued in anticipation thereof OF THE ASSESSMENTS apply to 1,165
the assessments authorized under this section and the bonds and 1,167
notes issued in anticipation of such THE assessments. 1,168
Improvement, bond retirement, and maintenance funds shall be 1,169
established for recreational purposes in conformity with section 1,170
6101.44 of the Revised Code, which shall be separate from one 1,171
another and from other funds of the district, and no transfers 1,172
shall be made thereto TO THEM from the other funds of the 1,173
district unless the court, prior to June 1, 1965, determines that 1,174
such transfer will not include proceeds of special assessments 1,175
levied under section 6101.48 or 6101.53 of the Revised Code, or 1,176
of bonds or notes issued in anticipation of the collection 1,177
thereof, and approves the transfer as a transfer of surplus 1,178
moneys as provided in section 6101.44 of the Revised Code. The 1,179
proceeds of all bonds, notes, taxes, and assessments authorized 1,180
by this section and all receipts derived from the recreational 1,181
properties, improvements, and facilities owned, controlled, 1,182
operated, or maintained by the district shall be paid into such 1,183
THOSE funds, and all expenditures in accordance with this section 1,185
shall be made therefrom FROM THEM. 1,186
Sec. 6101.30. If the report of the board of appraisers of 1,195
a conservancy district includes recommendations that other lands 1,196
and public corporations be included in the district, or that 1,197
certain lands and public corporations be excluded from the 1,199
district, the clerk of the court before which the proceeding is 1,200
pending shall give notice to the owners of such THAT property and 1,201
26
TO THE public corporations by publication to be made as provided 1,202
in sections 6101.01 to 6101.84, inclusive, of the Revised Code, 1,203
for NOTICE OF a hearing on the petition for the creation of the 1,205
district. Such THE notice to those owners whose lands are or the 1,206
public corporations to be added to the district may be 1,207
substantially as shown in the schedule in section 6101.84 of the 1,208
Revised Code. The time and place of the hearing may be the same 1,210
as those of A hearing on appraisals. To the owners of property 1,212
and public corporations to be excluded from the district, it will 1,213
be IS sufficient to notify them of that fact.
Sec. 6101.31. The board of appraisers of a conservancy 1,222
district shall prepare a report of its findings which shall be 1,223
arranged in tabular form and bound in loose-leaf book form, and 1,224
which THAT shall be known as the "conservancy appraisal record." 1,226
Such THE record shall contain the name of the owner of property 1,227
appraised as it appears on the tax duplicate or the deed records 1,228
if ascertainable therefrom FROM THEM, the tax mailing address or 1,229
other known address of such THE owner if ascertainable, a 1,231
description of the property appraised, the amount of benefits 1,232
appraised, the amount of damages appraised, and the appraised 1,233
value of land or other property which THAT may be taken for the 1,234
purposes of the district. In case benefits are appraised 1,236
accruing to a public corporation as an entity, the name and, if 1,237
ascertainable, address of such THE public corporation and the 1,239
amount of the benefit appraised shall be entered in such THE 1,240
record. The board shall also report any other benefits or 1,242
damages or any other matter which THAT, in its opinion, should be 1,244
brought to the attention of the court. No error in the names or 1,245
addresses of the owners of real property or in the descriptions 1,246
thereof OF THE PROPERTY shall invalidate said THE appraisal or 1,247
the levy of assessments or taxes based thereon ON IT, if 1,248
sufficient description is given to identify such THE real 1,250
property.
When such THE report is completed, it shall be signed by at 1,252
27
least a majority of the board and deposited with the clerk of the 1,253
court, who shall file it in the original case. At the same time, 1,255
copies of that part of the report giving the appraisal of 1,256
benefits and appraisals of land to be taken and of damages in any 1,257
county shall be made, AND certified to, and filed with the clerk 1,259
of the court of common pleas of such THAT county. 1,260
Sec. 6101.32. Upon the filing of the report of the board 1,269
of appraisers of a conservancy district under section 6101.31 of 1,270
the Revised Code, the clerk of the court shall give notice 1,271
thereof OF THE FILING by publication, as provided in sections 1,272
6101.01 to 6101.84, inclusive, of the Revised Code, in each 1,274
county in the district in which property included in the 1,275
CONSERVANCY appraisal record is located. Said THE notice shall 1,277
be substantially as set forth in division (F) of section 6101.84 1,278
of the Revised Code. It is not necessary for said THE clerk to 1,279
name the parties interested, except that such AND THE notice 1,281
shall be addressed "To All Known and Unknown Persons or Public 1,283
Corporations Interested" and in addition shall specifically 1,284
designate the name of each known party whose tax mailing or other 1,285
address cannot be ascertained as disclosed by the affidavit 1,286
referred to in this section, but the name of any such party need 1,287
be designated only in the publication made in the county or 1,288
counties wherein lands, or interests in lands, owned by the party 1,289
and affected by the report are located." IT
It is not necessary to describe separate lots or tracts of 1,290
land in giving said THE notice, but the heading of such THE 1,292
notice and the text thereof OF IT shall give, and it is 1,293
sufficient if each gives, such descriptions as THAT will enable 1,295
the owner of land or the owner of an interest of record therein 1,297
IN LAND to determine whether or not his THE OWNER'S land OR 1,300
INTEREST is covered by such THE descriptions. For instance, it 1,301
is sufficient to state in the heading "NOTICE OF HEARING ON 1,302
APPRAISALS ON LANDS LYING IN ...................., 1,303
...................., and .................... TOWNSHIPS AND IN 1,304
28
THE CITIES OR VILLAGES OF ...................., 1,305
...................., and .................... in 1,306
.................... COUNTY," and it is sufficient to state in 1,307
the text "All land lying in the .................... ward of the 1,308
city of ....................," or "All land abutting on 1,309
.................... street in the city of ....................," 1,310
or "All land lying west of .................... river and east of 1,311
.................... railroad in .................... township," 1,312
or any other general description pointing out the lands involved. 1,313
Where IF lands in different counties are mentioned in said 1,316
THE report, it is not necessary to publish a description of all 1,317
the lands in the district in each county, but only of that part 1,318
of said THE lands located in the county in which publication is 1,319
made. 1,320
The board of directors of such THE conservancy district 1,322
shall, on or before the date of first THE publication of the 1,324
notice provided for in this section, cause to be mailed SHALL 1,325
MAIL by first class mail to the APPLICABLE public corporations 1,327
and to the owners of property whose names and respective tax 1,329
mailing or other known addresses are ALL OTHER KNOWN PERSONS 1,330
HAVING AN INTEREST OF RECORD IN PROPERTY THAT IS TO BE TAKEN OR
IS DAMAGED AND WHOSE TAX MAILING OR OTHER KNOWN ADDRESS IS 1,331
disclosed by the affidavit referred to in this section a notice 1,332
which in each case THAT shall be directed to such respective THE 1,333
APPROPRIATE address and which, shall advise the addressee thereof 1,335
of the date of the filing, and place of filing, of the report of 1,337
the board of appraisers, and SHALL STATE that the addressee has 1,338
the right to file exceptions to the report on or before a 1,340
specified date and to be heard thereon in the county where his 1,341
THE ADDRESSEE'S property is located at the time and place fixed 1,342
by the court as provided by section 6101.33 of the Revised Code. 1,343
In addition the THE notice shall contain, if the report includes 1,345
an appraisal of benefits affecting the addressee, a statement 1,346
that such benefits have been appraised and that assessments may 1,347
29
be levied based upon, and not in excess of, such appraisal, and 1,348
the dollar amount of the appraisal, shall contain, if the report 1,349
includes an appraisal of property of the addressee to be taken or 1,351
damaged, a statement that such THE property TO BE TAKEN or the 1,352
damage thereto has been appraised and SHALL GIVE the dollar 1,354
amount of such THAT appraisal, and shall contain any volume 1,356
designation and page number of the report at which any appraisal 1,357
affecting the addressee appears and a brief description of the 1,358
property appraised as referred to in section 6101.31 of the 1,359
Revised Code. In the case of property to be taken or damaged the 1,360
board of directors shall cause like notice to be mailed on the 1,361
same date to all other known persons having an interest of record 1,362
in such property whose tax mailing or other known address is 1,363
disclosed by the affidavit referred to in this section. The 1,364
THE secretary of the conservancy district, or his THE 1,366
SECRETARY'S deputy, as ex officio secretary of the board of 1,368
appraisers, shall prepare and file with the clerk of the court on 1,369
the date of the mailing of the notices provided for in this 1,370
section an affidavit attesting in substance that, as of the date 1,371
of the mailing of the notices, the affiant has determined that 1,372
the names of all APPLICABLE public corporations, and the names of 1,373
the owners of all the property affected by the report of the 1,375
board of appraisers THAT IS TO BE TAKEN OR THAT IS DAMAGED, where 1,376
such THOSE names are ascertainable, together with their 1,377
respective tax mailing or other known addresses where 1,378
ascertainable, are listed in the report of the board of 1,379
appraisers with the exception of such differing names or 1,380
addresses as may be specifically set forth in the affidavit,; 1,381
that no names and no tax mailing or other known addresses are 1,383
ascertainable except as may be disclosed by such THE report as 1,384
supplemented by the affidavit,; and that notices have been mailed 1,386
as provided for in this section to each public corporation and to 1,387
each owner of property having a tax mailing or other known 1,388
address as shown by such report or affidavit and to all other 1,389
30
persons having an interest of record in property THAT IS to be 1,390
taken or THAT IS damaged AND whose interest is known or can be 1,391
ascertained from such THE record. Such THE affidavit shall be 1,393
given on the basis of available information and after the 1,395
exercise of reasonable diligence, and the affidavit IT shall so 1,396
state. Such THE affidavit shall be prima-facie evidence of the 1,398
matters attested to therein IN IT. 1,399
Sec. 6101.33. Any property owner or public corporation may 1,408
accept the appraisals in its favor of benefits and, of damages, 1,410
and of lands to be taken made by the board of appraisers of a 1,411
conservancy district, or may acquiesce in the board's failure to 1,412
appraise damages in its favor, and shall be construed to have 1,413
done so unless, within thirty days after the last publication 1,414
provided for in section 6101.32 of the Revised Code, or such 1,415
additional time as may be granted by the presiding judge of the 1,416
court, it THE PROPERTY OWNER OR PUBLIC CORPORATION files 1,417
exceptions to said THE report or to any appraisal of either 1,419
benefits or, damages, or of land to be taken which THAT may be 1,420
appropriated. All exceptions shall be heard by the court 1,421
beginning not less than forty nor OR more than fifty days after 1,422
the last publication provided for in such THAT section, and 1,424
determined in advance of other business so as to carry out, 1,426
liberally, the purposes and needs of the district. The court 1,427
shall provide for the hearing on the exceptions in the county 1,428
seat of each county wherein IN WHICH property is located with 1,429
respect to which an exception or exceptions have been filed at a 1,431
time and place fixed by the court. Notice of the time and place 1,432
of the hearing of his AN exception shall be given the exceptor in 1,433
such manner as the court may direct. The hearing conducted in a 1,434
particular county shall be limited to testimony presented by the 1,435
district and by exceptors whose exceptions relate to property 1,436
located within said THAT county. The 1,438
THE court may, if it deems CONSIDERS IT necessary, appoint 1,441
one or more special master commissioners MAGISTRATES, each to be 1,442
31
assigned by the court to conduct one or more of the hearings on 1,444
the exceptions as required by this section and, to cause MAKE a 1,446
record to be made of each of such THE hearings, and to report 1,448
such THE record, together with findings and recommendations, back 1,450
to the court. Such special master commissioners THE MAGISTRATES 1,451
shall have the usual powers possessed by special master 1,453
commissioners as specified in section 2315.42 of the Revised Code 1,454
MAGISTRATES, shall have the cooperation of the officials of the 1,456
district in determining any facts relative to the CONSERVANCY
appraisal report RECORD, and may use any abstracts, title 1,458
certificates, title reports, or other information that the 1,460
district has relative to any of the properties included on IN the 1,461
appraisal report RECORD. The 1,462
THE court may cancel the scheduled hearing in any county 1,464
having few exceptors, providing such PROVIDED THAT THE exceptors 1,465
are given advance notice, in such A manner as the court may 1,467
direct, of the time and place of hearing in a nearby county at 1,468
which they THE EXCEPTORS shall be heard upon their several 1,470
objections. The
THE court may, if it deems CONSIDERS IT necessary, return 1,473
the report CONSERVANCY APPRAISAL RECORD to the board for its 1,474
further consideration and amendment, and enter its order to that 1,475
effect. If the appraisal record as a whole is referred back to 1,476
the board, the court shall not resume the hearing thereof ON IT 1,477
without new notice, as for an original hearing thereon ON IT. 1,479
The court may, without losing jurisdiction over the appraisal 1,480
record, order the board to recast the appraisal record when the 1,481
order of the court specifies the precise character of the changes 1,482
thereof.
Sec. 6101.36. No property shall be taken under sections 1,491
6101.01 to 6101.84, inclusive, of the Revised Code, THIS CHAPTER 1,493
until compensation has been paid according to law. But where IF 1,495
a trial is had by jury, and a verdict has been IS rendered which 1,496
has been THAT IS confirmed by the trial court, the board of 1,497
32
directors of the conservancy district may pay the amount allowed 1,499
into court in money with the costs, and thereupon such, AT THAT 1,500
TIME, THE court shall make an order admitting the district into 1,502
possession of the property and confirming its title thereto TO 1,503
THE PROPERTY, although the owner may take steps to take the case 1,506
to a higher court. Thereupon AT THAT TIME, the board may enter 1,508
into undisturbed possession of the property and rights involved.
Sec. 6101.38. After a certified copy of the entry of the 1,517
court and of the appraisals as confirmed by the court, except 1,518
those parts from which appeals have been perfected but not 1,519
determined, is transmitted to the secretary of the conservancy 1,520
district as provided by section 6101.37 of the Revised Code, the
board of directors of the conservancy district may deposit with 1,521
the court the amount of any such confirmed appraisal of 1,522
compensation or damages, from the award of which no appeal has 1,524
been taken, for any property or interest therein IN PROPERTY as 1,526
included in the CONSERVANCY appraisal record and confirmed by the
court. The court THEN shall thereupon enter an order admitting 1,528
the district into possession of all such OF THE property for 1,530
which payment has been deposited, and confirming its title 1,531
thereto TO THAT PROPERTY. The clerk of such THE court shall have 1,533
so much of such THE order recorded in the office of the county 1,534
recorder of the county where the land is located as will show the 1,535
transfer of title. The owners of such THE property THEN shall 1,536
thereupon have an interest in the fund so deposited to the extent 1,537
of their respective interests in the property taken or damaged. 1,538
The court shall appoint a master commissioner MAGISTRATE 1,540
who, upon giving bond in the amount and manner ordered by the 1,542
court, shall receive all applications of owners, lienholders, and 1,543
other persons claiming an interest in any of the property 1,544
acquired by the district through the appraisal record, conduct
necessary hearings, and report to the court from time to time as 1,545
to the persons entitled to payment out of said funds, THE FUND 1,547
and the amount due each. The court, if satisfied that such THE 1,549
33
report is correct, shall thereupon order the master commissioner 1,551
MAGISTRATE and the clerk to countersign vouchers for the payment 1,552
of the money to the persons entitled thereto TO IT. In the event 1,553
of conflicting claims to said THE fund, such THE claims may be 1,555
submitted and determined in the court and, proceedings shall be 1,557
had as provided in section 163.18 of the Revised Code, in so far 1,558
INSOFAR as such THAT section is applicable to this section, and 1,559
the costs of such THE proceedings shall be paid by the claimants. 1,561
All interest income from said THE fund shall be paid to the 1,563
district, and all costs of administering and handling the fund 1,564
deposited with the court shall be paid by the district. The 1,565
master commissioner MAGISTRATE shall have the usual powers 1,566
possessed by master commissioners MAGISTRATES, shall have the 1,568
cooperation of the district in determining the proper parties
entitled to said THE fund, and may use any abstracts, title 1,569
certificates, title reports, or other information that the 1,571
district has relative to any of the properties acquired by the 1,572
district on the appraisal record.
If the district acquired any of the property or interests 1,574
appearing on the appraisal record by contract without the 1,575
intervention of such master commissioner THE MAGISTRATE, the 1,576
court shall order the return to the district of so much of said 1,577
THE fund as represents the property or interest so acquired. 1,578
Sec. 6101.39. The board of directors of a conservancy 1,587
district may, at any time after the CONSERVANCY appraisal record 1,588
is filed, when necessary to fulfill the objects for which the 1,590
district was created, alter or add to the official plan by 1,591
amendment thereof. Such alterations or additions may be 1,592
alterations in or additions to improvements previously provided 1,593
for in the official plan or may consist of new works or 1,594
improvements for the accomplishment of the purposes for which the 1,595
district was created THAT WERE not previously provided for in the 1,597
official plan. When such alterations or additions are formally 1,598
approved by the board and by the court, and are filed with the 1,599
34
secretary of the conservancy district, they shall become part of 1,600
the official plan for all purposes of sections 6101.01 to 6101.84 1,601
of the Revised Code THIS CHAPTER. Where IF such alterations or 1,603
additions in the judgment of the court neither materially modify 1,604
the general character of the work, nor materially increase 1,605
resulting damage for which the board is not able to make amicable 1,606
settlement, nor increase the cost more than ten per cent, no 1,607
action other than a resolution of the board is necessary for the 1,608
approval of such alterations or additions. Any alteration or 1,609
addition to the official plan relating to the provision of water 1,610
supply or the collection and disposal of sewage and liquid wastes 1,611
requires the approval of the environmental protection agency. In 1,612
case IF the proposed alterations or additions materially modify 1,613
the general character of the work, or materially modify the 1,614
resulting damages or materially reduce the benefits, for which 1,615
the board is not able to make amicable settlement, or materially 1,616
increase the benefits in such a manner as to require a new 1,617
appraisal, or increase the cost more than ten per cent, the court 1,618
shall direct the board of appraisers of the conservancy district, 1,619
which may be the original board, or a new board appointed by the 1,620
court on petition of the board of directors or otherwise, to 1,621
appraise the property to be taken, benefited, or damaged by the 1,622
proposed alterations or additions. 1,623
Upon the completion of the report by the board of 1,625
appraisers, notice shall be given and a hearing had on its report 1,626
in the same manner as in the case of the original report of the 1,627
board of appraisers, and the same right of appeal to a jury 1,628
exists. When the only question at issue is additional damages or 1,629
reduction of benefits to property due to modifications or 1,630
additions to the plans, the board of directors may, if it finds 1,631
it practicable, make settlements with the owners of the property 1,632
damaged instead of having appraisals made by the board of 1,633
appraisers. In case such settlements are made, notice and 1,634
hearing need not be had. After bonds have been sold, in order 1,635
35
that their security may not be impaired, no reduction shall be 1,636
made in the amount of benefits appraised against property in the 1,637
district, but in lieu of such reductions in benefits, if any are 1,638
made, the amount shall be paid to the party in cash. This section 1,639
applies to all changes in appraisals under sections 6101.01 to 1,640
6101.84 of the Revised Code THIS CHAPTER. 1,641
Sec. 6101.40. No appeal under sections 6101.01 to 6101.84, 1,650
inclusive, of the Revised Code, THIS CHAPTER shall be permitted 1,652
to interrupt or delay any action or the prosecution of any work 1,654
under such sections THIS CHAPTER, except where the party 1,655
appealing is entitled to a jury under the constitution of the 1,656
state, and such THE jury trial has not been had, in which case 1,658
only so much of the work shall be interrupted or delayed as would 1,659
constitute a taking of or a damaging of the property of the 1,660
appellant.
The board of directors of a conservancy district may appeal 1,662
from any order of the court of common pleas made in any 1,663
proceeding under such sections THIS CHAPTER not requiring the 1,665
intervention of a jury.
The failure to appeal from any order of the court in any 1,667
proceedings under sections 6101.01 to 6101.84, inclusive, of the 1,668
Revised Code, THIS CHAPTER within the time specified in such 1,671
sections THIS CHAPTER constitutes a waiver of any irregularity in 1,672
the proceedings, and the. THE remedies provided for in such 1,674
sections THIS CHAPTER exclude all other remedies except as 1,675
provided in such sections THIS CHAPTER.
Sec. 6101.41. If any lands in any conservancy district are 1,684
not liable for taxation or assessment at the time of the 1,685
execution of the work, but afterwards, during the period when 1,686
such THE work is being paid for, become liable to taxation or 1,688
assessment by reason of some change in condition or ownership, 1,689
such THE lands THEN shall thereupon be appraised and assessed as 1,691
other lands in said THE district receiving equal benefits. 1,692
Sec. 6101.42. In case IF any real property or public 1,701
36
corporation within or without any conservancy district is 1,703
benefited which AND for any reason was THE BENEFITS WERE not 1,704
appraised in the original proceedings, or was WERE not appraised 1,706
to the extent of THE benefits received, or in case IF any person 1,707
or public corporation makes use of or profit by the works of any 1,709
district to a degree not compensated for in the original 1,710
appraisal, or in case IF the board of directors of the
conservancy district finds it necessary, subsequent to the time 1,712
when the first appraisals are made, to take or damage any 1,713
additional property, the board of directors, at any time such A 1,714
condition becomes evident, shall direct the board of appraisers 1,715
of the conservancy district to appraise the benefits or the 1,716
enhanced benefits received by such THE property or public 1,717
corporation, or such THE damages or value of property taken. 1,719
Proceedings outlined in sections 6101.01 to 6101.84, inclusive, 1,720
of the Revised Code, THIS CHAPTER for appraising lands not at 1,721
first included within the boundaries of the district shall in all 1,722
matters be conformed with including notice to the parties, or the 1,723
board of directors may make any suitable settlement with such THE 1,724
person or public corporation for such THE use, benefit, damage, 1,726
or property taken.
Sec. 6101.43. No fault in any notice or other proceedings, 1,735
whether by reason of noncompliance with the requirements of 1,736
sections 6101.01 to 6101.84, inclusive, of the Revised Code, THIS 1,737
CHAPTER or with any applicable constitutional requirements, or 1,739
otherwise, shall affect the validity of any proceeding under
sections 6101.01 to 6101.84, inclusive, of the Revised Code THIS 1,740
CHAPTER, except to the extent to which it can be shown that such 1,742
THE fault resulted in a material denial of justice to the 1,744
property owner or public corporation complaining of such THE 1,745
fault.
If it is found upon a hearing that, by reason of some 1,747
irregularity or defect in the proceedings, the appraisal has not 1,749
been properly made, the court may nevertheless, on having proof 1,751
37
that expense has been incurred which is a proper charge against 1,752
the property of the person, or against the public corporation,
complaining of such THE irregularity or defect, render a finding 1,753
as to the amount of benefits to said THE property or public 1,755
corporation, and appraise the proper benefits accordingly, 1,757
subject to a claim for a jury as provided in section 6101.35 of 1,758
the Revised Code, where the party is entitled thereto TO IT. 1,759
Thereupon said AT THAT TIME, THE land or public corporation shall 1,760
be assessed as other land or public corporations equally 1,762
benefited. If, at any time either before or after the issuance 1,764
of bonds or notes pursuant to sections 6101.01 to 6101.84,
inclusive, of the Revised Code THIS CHAPTER, the appraisal of 1,766
benefits, either as a whole or in part, is declared by any court 1,768
of competent jurisdiction to be invalid by reason of any defect 1,769
or irregularity in the proceedings therefor, whether
jurisdictional or by reason of noncompliance with any of the 1,771
requirements of sections 6101.01 to 6101.84, inclusive, of the 1,773
Revised Code, THIS CHAPTER or with any applicable constitutional 1,775
requirements, or otherwise, the court of common pleas, on the
application of the board of directors of the conservancy district 1,776
or on the application of any holder of any bonds or notes which 1,777
THAT have been issued pursuant to such sections THIS CHAPTER, 1,780
shall promptly and without delay remedy, or cause to be remedied, 1,783
all defects or irregularities as the case requires and, for such 1,784
THE purpose, may direct the board of appraisers of the 1,785
conservancy district to make, in the manner provided in section 1,788
6101.28 of the Revised Code, a new appraisal of the amount of 1,789
benefits against the whole or any part of the lands or any public 1,790
corporation in said THE district as the case requires and may 1,791
order a new hearing to be held after giving of notice thereof OF 1,792
THE HEARING in compliance with the requirements of sections 1,794
6101.01 to 6101.84, inclusive, of the Revised Code THIS CHAPTER, 1,795
or such other and further notice as the court shall prescribe to 1,796
comply with any applicable constitutional requirements. 1,797
38
Sec. 6101.44. The moneys of every conservancy district 1,806
shall be administered through the following funds: 1,807
(A) The "preliminary fund," consisting of the proceeds of 1,809
the preliminary assessment levied under authority of section 1,810
6101.45 of the Revised Code, and any advances of assessments 1,811
obtained or notes issued in accordance with section 6101.46 of 1,812
the Revised Code, and any contribution or appropriation by the 1,813
state of Ohio under authority of section 6101.45 of the Revised 1,814
Code, which shall be used for the payment of expenses incurred 1,815
for the purposes for which such preliminary assessments and 1,816
contributions are authorized; 1,817
(B) The "improvement fund," consisting of the proceeds of 1,819
all special assessments the collection of which has not been 1,820
anticipated in the issuance of bonds or notes and the proceeds of 1,821
all bonds and notes, other than bonds to retire notes, issued 1,822
under section 6101.50 of the Revised Code, which shall be used 1,823
for defraying expenditures incurred in the execution of the 1,824
official plan and the acquisition or construction of properties, 1,825
works, and improvements of the district, including the cost of 1,826
preparing the official plan and the appraisal, the entire cost of 1,827
construction and superintendence, with all charges incidental 1,828
thereto, and the cost of administration during the period of 1,829
construction and may also be used for defraying preliminary 1,830
expenses in accordance with section 6101.46 of the Revised Code 1,831
and repayment to the preliminary fund, in the manner and to the 1,832
extent provided by this section, of expenditures therefrom FROM 1,833
IT; 1,834
(C) The "bond retirement fund," consisting of the proceeds 1,836
of all special assessments the collection of which has been 1,837
anticipated in the issuance of bonds or notes together with all 1,838
other receipts pledged for the retirement of bonds or notes or 1,839
the payment of interest thereon ON THE BONDS OR NOTES, which 1,840
shall be used only for such THOSE purposes; 1,841
(D) The "maintenance fund," consisting of the proceeds of 1,843
39
maintenance assessments levied annually in accordance with 1,844
section 6101.53 of the Revised Code, earnings from the operation 1,845
of the works of the district, and all receipts not otherwise 1,846
assigned by law or by order of the board of directors of the 1,847
conservancy district, which shall be used for the payment of 1,848
operation, maintenance, and other current expense of the 1,849
district. 1,850
Before levying any assessment to pay the cost of an 1,852
improvement, the board of directors shall determine the amount 1,853
expended and to be expended from the preliminary fund for surveys 1,854
and plans, appraisals, hearings, administration, court costs, and 1,855
other incidentals that equitably should be repaid to the 1,856
preliminary fund. Such THE amount may be all or any portion of 1,857
the preliminary expenses for the improvement. When specified by 1,859
resolution of the board of directors, such THE amount shall be 1,860
included in the costs to be paid from the assessments upon 1,861
benefited property, and shall be transferred from the improvement 1,862
fund to the preliminary fund. 1,863
The board may establish separate or special funds of each 1,865
class for each or any designated purpose for which the district 1,866
is incorporated. Any surplus moneys in any fund of the district 1,867
may be transferred to any other such fund by the board with the 1,868
approval of the court, but no transfer shall be made from the 1,869
bond retirement fund prior to the final maturity of the bonds and 1,870
notes payable therefrom FROM IT, and no transfer shall thereafter 1,872
be made which would reduce the balance in such THE fund below the 1,873
amount required for the payment of all obligations outstanding 1,874
against such THE fund. 1,875
No money shall be drawn from the treasury of the district, 1,877
and no obligation for the expenditure of money shall be incurred, 1,878
except in pursuance of an appropriation by the board. This 1,879
prohibition does not apply to funds placed at the place of 1,880
payment by the treasurer of the conservancy district for the 1,881
payment of maturing bonds and notes and interest thereon ON THEM 1,882
40
in accordance with section 6101.51 of the Revised Code. At or 1,884
before the opening of each fiscal year, which shall correspond to 1,885
the calendar year unless a different year is authorized by the 1,886
auditor of state, the board shall adopt a resolution making 1,887
appropriations for the ensuing year. Such THE appropriation 1,888
resolution may be amended or supplemented by the board. The 1,889
total amount appropriated from any fund for any year shall not 1,890
exceed the sum of the unencumbered balance in the fund at the 1,891
beginning of the year and the amounts to be received during such 1,892
THE year from bonds authorized, and taxes and special assessments 1,894
imposed prior to their appropriation, together with all other 1,895
moneys estimated to be received by the fund during the year. At 1,896
the close of each fiscal year, all unencumbered balances of 1,897
appropriations shall revert to the funds from which they were 1,898
made and shall be subject to reappropriation. 1,899
No contract shall be let ENTERED INTO, and no order shall 1,901
be issued, involving the expenditure of money unless the 1,903
accounting officer of the district first certifies that the 1,904
amount required to meet the expenditure or, in the case of a 1,905
continuing contract to be performed in whole or in part in a 1,906
subsequent fiscal year, the amount required to meet the contract 1,907
in the year in which the contract is made, has been lawfully 1,908
appropriated for such THE purpose and is in the treasury or in 1,910
process of collection to the credit of an appropriate fund free 1,911
from previous encumbrances. Accounts shall be kept in such form 1,912
as to show at all times the true condition of each appropriation. 1,913
Sec. 6101.441. In the event of the dissolution or 1,922
disorganization of any conservancy district organized pursuant to 1,923
sections 6101.01 to 6101.84 of the Revised Code THIS CHAPTER, the 1,925
board of directors of such THE district shall determine the 1,926
amount of funds of the district not needed for the payment of the 1,928
expenses and indebtedness of the district and shall, upon such 1,929
THE dissolution or disorganization, forthwith distribute such THE 1,931
funds among the various counties comprising such THE district in 1,932
41
the same proportion as the funds of the district were received 1,934
from such THE counties whether by donation, assessment, tax, or 1,936
otherwise. The amount due each county shall be paid to the 1,937
treasurer of such THE county and shall be placed and held by him 1,939
in a separate fund to be known as the "conservancy district 1,940
fund."
If a petition for the establishment of a new political 1,942
subdivision whose primary purpose is flood control, water 1,943
conservation, water supply, or water management, THAT IS 1,944
authorized under either sections 6101.01 to 6101.84 of the 1,946
Revised Code, THIS CHAPTER or under any other sections of the 1,948
Revised Code, and which THAT includes such THE county or a part 1,950
thereof, OF IT is pending at the time of, or is filed within one 1,952
year after the receipt of such THE moneys by such THE treasurer, 1,954
and such THE new political subdivision is subsequently organized, 1,956
or if such THE new political subdivision has been organized at 1,957
the time such THE moneys are received by the treasurer, such THE 1,959
treasurer shall, upon the written request of the directors of 1,961
such THE new political subdivision, forthwith pay over all funds 1,962
in such THE conservancy district fund to such THE new political 1,964
subdivision, and said THE subdivision may use and expend said THE 1,966
moneys for any purpose or purposes authorized by the sections of 1,967
the Revised Code under which it has been organized. As used in 1,968
this section, "new political subdivision" does not include the 1,969
following: any sewer district organized under any provisions of 1,970
the Revised Code; any sanitary district organized under sections 1,971
6115.01 to 6115.79 CHAPTER 6115. of the Revised Code; or any 1,973
joint county ditches or any interstate county ditches organized 1,974
under any provisions of the Revised Code. 1,975
If no petition for the organization of such a new political 1,977
subdivision is filed within one year after the receipt of such 1,978
THE money by the treasurer, he THE TREASURER shall, at the 1,980
expiration of such THE one-year period, transfer all moneys in 1,982
the conservancy district fund to a special fund of the county to 1,983
42
be held and used for drainage, flood control, water conservation, 1,984
water supply, or water management purposes in the areas therein 1,985
OF THE COUNTY from which such funds THE MONEYS were originally 1,987
derived. In the event such IF THE proposed political 1,988
subdivision, for the establishment of which a petition has been 1,989
filed within such THE one-year period, is not established or 1,991
organized, the treasurer shall make the same disposition of the 1,992
moneys in the conservancy district fund as in this paragraph 1,993
provided. 1,994
Sec. 6101.45. After the filing of a petition for the 2,003
organization of a conservancy district, and before the district 2,004
is organized, the costs of publication and other official costs 2,005
of the proceedings shall be paid out of the general funds of the 2,006
county in which the petition is pending. Such THE payment shall 2,007
be made on the warrant of the county auditor or on the order of 2,009
the court. If the district is organized, such THE costs shall be 2,010
repaid to the county out of the first funds received by the 2,012
district through levying of assessments or, selling of bonds, or 2,013
the borrowing of money. If the district is not organized, the 2,015
cost shall be collected from the petitioners or their bondsmen 2,016
BONDSPERSONS. Upon the organization of the district, the court 2,017
shall make an order indicating a preliminary division of the 2,019
preliminary expenses between the counties included in the 2,020
district in approximately the proportions of interest of the 2,021
various counties as estimated by said THE court. The court shall 2,022
issue an order to the auditor of each county to issue his A 2,024
warrant upon the county treasurer of his THE county to reimburse 2,025
the county having paid the total cost. 2,026
As soon as any district has been organized, and a board of 2,028
directors of the conservancy district has been appointed and 2,029
qualified, such THE board may levy upon the property within the 2,030
district in each of not more than two years a preliminary 2,031
assessment, based upon the benefit determined by the court as 2,032
provided by section 6101.08 of the Revised Code, but not to 2,033
43
exceed three-tenths of a mill on the assessed valuation thereof 2,034
OF THE PROPERTY, to be used for the purpose of paying expenses of 2,036
organization, for surveys and plans, appraisals, estimates of 2,037
cost, AND land options, and for other incidental expenses which 2,038
THAT may be necessary up to the time money is received from the 2,040
sale of bonds or otherwise. This assessment shall be certified 2,041
to the auditors of the various counties and by them to the 2,042
respective treasurers of their counties. If such THE items of 2,043
expense have already been paid in whole or in part from other 2,045
sources, they may be repaid from the receipts of such THE levy, 2,046
and such THE levy may be made although the work proposed may have 2,048
been found impracticable or for other reasons is abandoned. The 2,049
collection of such THE assessment shall conform in all matters to 2,051
the sections of the Revised Code governing the collection of 2,052
assessments levied by local political subdivisions, and the 2,053
sections of the Revised Code concerning the nonpayment of 2,054
assessments levied by local political subdivisions shall apply. 2,055
The board may borrow money in any manner provided for in sections 2,056
6101.01 to 6101.84, inclusive, of the Revised Code, THIS CHAPTER 2,057
and may pledge the receipts from such THE assessments for its 2,058
repayment, the information collected by the necessary surveys, 2,059
the appraisal of benefits and damages, and other information and 2,060
data being of real value and constituting benefits for which said 2,061
THE assessment may be levied. In case a district is disbanded 2,063
for any cause before the work is constructed, the data, plans, 2,064
and estimates which have been secure shall be filed with the 2,065
clerk of the court before which the district was organized and 2,066
shall be matters of public record available to any person 2,067
interested.
The board shall, upon levying the preliminary assessment, 2,069
certify to the director of the department of natural resources an 2,070
estimate of the amount of money the district will need to pay 2,071
expenses of organization, for surveys and plans, appraisals, 2,072
estimates of cost, AND land options, and FOR other incidental 2,074
44
expenses up to the time money is received by the district from 2,075
the sale of bonds or otherwise. The director, within sixty days 2,076
after the receipt of such THE certification, shall, upon finding 2,077
that the organization and operation of the district contribute to 2,079
the general welfare of the state, determine an equitable 2,080
percentage of the amount so certified to be paid by the state. 2,081
The director shall certify such THE determination to the board 2,082
and shall cause to be paid to the district, out of any moneys 2,084
appropriated to the department of natural resources for the 2,085
purpose of assisting conservancy districts to pay expenses of 2,086
organization, for surveys and plans, estimates of cost, AND land 2,087
options, and FOR other incidental expenses, the amount determined 2,088
by him THE DIRECTOR to be the equitable share of the state in 2,090
meeting such THE expenses. The director shall make available to 2,091
the board all plans, data, surveys, or other information, which 2,092
the department of natural resources or any division thereof OF IT 2,093
may have, which will be beneficial to the board in furthering the 2,094
purposes for which the district is organized. 2,095
Sec. 6101.48. After the CONSERVANCY appraisal record as 2,104
approved by the court, or that part thereof OF IT from which no 2,105
appeal is pending, has been filed with the secretary of the 2,107
conservancy district as provided in section 6101.37 of the 2,108
Revised Code, then from time to time, as the affairs of the 2,109
district demand it, the board of directors of the conservancy 2,110
district shall levy on all real property and on all public 2,111
corporations, upon which benefits have been appraised, an 2,112
assessment of such THE portion of said THE benefits as THAT is 2,114
found necessary by said THE board to pay the cost of the
execution of the official plan, including superintendence of 2,116
construction and administration, plus one-ninth of said THAT 2,117
total to be added for contingencies, but not to exceed in the 2,119
total of principal the appraised benefits so adjudicated. 2,120
Such THE assessment shall be apportioned to and levied on 2,122
each tract of land or other property and each public corporation 2,123
45
in the district in proportion to the benefits appraised, and not 2,124
in excess thereof OF THE BENEFITS APPRAISED. Interest at a rate 2,125
not to exceed the rate provided in section 9.95 of the Revised 2,127
Code, payable semiannually, shall be included in and added to the 2,128
said assessment, but such THE interest shall not be considered as 2,129
a part of the cost in determining whether or not the expenses and 2,131
costs of making the improvement are equal to or in excess of the 2,132
benefits appraised. 2,133
After the assessment is levied, the board shall report it 2,135
to the court for confirmation. Upon the entry of the order of 2,136
the court confirming the assessment, the clerk of the court shall 2,137
transmit a certified copy of the order to the governing or taxing 2,138
body of each political subdivision assessed, and the governing or 2,139
taxing body shall receive and file the order. Thereafter, the 2,140
board may order the issuance of notes in an amount not exceeding 2,141
ninety per cent of the assessment in anticipation of the 2,142
collection of the assessment. 2,143
After the court has confirmed the assessment, the secretary 2,145
of the conservancy district, at the expense of the district, 2,146
shall prepare in duplicate an assessment record of the district. 2,147
It shall be in the well-bound book indorsed and named 2,148
"Conservancy Assessment Record of . . . . . . . District." It 2,149
shall contain in tabular form a notation of the items of property 2,150
appraised and the public corporations to which benefits have been 2,151
appraised, the total amount of benefits appraised against each 2,152
item or public corporation, and the total assessment levied 2,153
against each item or public corporation. Where IF successive 2,154
levies of assessment are made for the execution of the official 2,156
plan and the acquisition or construction of improvements, the 2,157
conservancy assessment record shall contain suitable notations to 2,158
show the number of levies and the amount of each, to the end that 2,159
the conservancy assessment record may disclose the aggregate of 2,160
all such levies made up to that time. 2,161
Upon the completion of such THE CONSERVANCY ASSESSMENT 2,163
46
record, it shall be signed and certified by the president of the 2,165
board and by the secretary of the conservancy district, attested 2,166
by the seal of the district, and shall then be placed on file and 2,167
SHALL become a permanent record in the office of said THE 2,168
district. After the expiration of the thirty-day period for the 2,170
payment of assessments as provided by section 6101.49 of the 2,171
Revised Code, a copy of that part of the conservancy assessment 2,172
record affecting lands or public corporations in any county shall 2,173
be filed with the county auditor of such THE county. 2,174
If it is found at any time that the total amount of 2,176
assessments levied is insufficient to pay the cost of works set 2,177
out in the official plan or of additional work done, the board 2,178
may make an additional levy to provide funds to complete the 2,179
work, provided the total of all levies of such THE assessment 2,180
exclusive of interest does not exceed the total of benefits 2,181
appraised. 2,182
Sec. 6101.49. When the conservancy assessment record is 2,191
placed on file in the office of the conservancy district, notice 2,192
by publication shall be given to property owners and public 2,193
corporations assessed that they may pay their assessments. Any 2,194
owner of real property or public corporation assessed for the 2,195
execution of the official plan under sections 6101.01 to 6101.84, 2,196
inclusive, of the Revised Code, THIS CHAPTER may pay such THE 2,199
assessment to the treasurer of the conservancy district within 2,202
thirty days from the time such THE assessment is placed on file 2,203
in the office of the district, and the amount to be so paid shall 2,204
be ninety per cent of the full principal amount of the assessment 2,205
exclusive of any amount added thereto TO IT to meet interest. 2,206
When such THE assessment has been paid, the secretary of the 2,209
conservancy district shall enter upon said THE assessment record 2,210
and the duplicate thereof opposite each item for which payment is 2,211
made, the amount paid and the words "paid in full," and such THE 2,213
assessment shall be deemed satisfied. The payment of such THE 2,215
assessment does not relieve the landowner or public corporation 2,217
47
from the necessity for the payment of a maintenance assessment 2,218
nor for OR FROM payment of any further assessment which THAT may 2,219
be necessary as provided in such sections THIS CHAPTER. Any 2,220
property owner or public corporation failing to pay assessments 2,223
in full as provided for in this section shall be deemed to have 2,224
consented to the issuance of bonds as provided for under sections 2,225
6101.01 to 6101.84, inclusive, of the Revised Code, THIS CHAPTER 2,227
and to payment of interest thereon ON THEM. If any assessment is 2,230
twenty-five dollars or less, or whenever the unpaid balance of 2,231
any such assessment is twenty-five dollars or less, the same 2,232
ASSESSMENT OR BALANCE shall be paid in full, and not in 2,233
installments, at the time the first or next installment would 2,234
otherwise become due and payable.
After the expiration of the period of thirty days within 2,236
which the property owners and public corporations may pay their 2,237
respective assessments, as limited in this section, the treasurer 2,239
of the conservancy district shall certify to the board of 2,241
directors of the conservancy district the aggregate of the amount
so paid, and thereupon the board THEN shall pass and spread upon 2,242
its records a resolution in which shall be stated the total 2,245
amount of the assessment, and THE amount thereof OF IT paid. 2,248
Thereupon the THE board shall, in the same resolution, apportion 2,249
the total of the unpaid assessments into annual installments and 2,250
provide for the collection of interest upon the unpaid 2,251
installments. Thereafter, it may order the issuance of bonds in 2,253
an amount not exceeding ninety per cent of the unpaid assessment
in anticipation of the collection of said THE installments. The 2,255
residue of the assessment so levied, not less than ten per cent, 2,257
shall constitute a contingent account to protect the bonds from 2,259
casual default, and any part thereof OF IT in excess of the sum 2,261
of the next two installments of semiannual interest and ten per 2,262
cent of the next installment of maturing bond principal, if not
needed for this purpose, may be used for the purchase and 2,263
retirement of bonds of the district at not to exceed par and 2,264
48
accrued interest or for the reduction of the rate of assessment 2,265
in succeeding years.
Sec. 6101.50. (A) The board of directors of a conservancy 2,274
district may, if in its judgment it seems best, issue bonds in an 2,275
amount not to exceed ninety per cent of the total amount of the 2,276
unpaid portion of an assessment, exclusive of interest, levied 2,277
under sections 6101.01 to 6101.84 of the Revised Code, in 2,278
denominations of not less than one hundred dollars, bearing 2,279
interest from date at a rate not to exceed the rate provided in 2,280
section 9.95 of the Revised Code, payable semiannually THIS 2,281
CHAPTER, to mature at annual or semiannual intervals within 2,283
thirty years, commencing not later than five years, to be 2,284
determined by the board. Both principal and interest shall be 2,285
payable at the office of the treasurer of state. Whenever the 2,286
board determines to issue bonds in anticipation of the collection 2,287
of the installments of an assessment, it shall adopt a 2,288
resolution, to be known as the resolution of necessity, declaring 2,289
the necessity of such THE bond issue, and its purpose, and ITS 2,290
amount. Thereafter from time to time, prior to and in 2,292
anticipation of the issuance and sale of such THOSE bonds, the 2,294
board may borrow money and issue notes therefor in aggregate 2,295
amount not in excess of the amount of such bond issue, bearing 2,296
interest at a rate not in excess of the rate provided in section 2,297
9.95 of the Revised Code, payable semiannually or at maturity if 2,298
less than six months, and maturing not. WHENEVER THE BOARD 2,299
DETERMINES TO ISSUE NOTES, IT SHALL ADOPT A RESOLUTION, TO BE 2,300
KNOWN AS THE NOTE RESOLUTION. THE NOTE RESOLUTION SHALL DO ALL 2,301
OF THE FOLLOWING:
(1) STATE THE PRINCIPAL AMOUNT OR MAXIMUM PRINCIPAL AMOUNT 2,303
OF ANTICIPATORY NOTES TO BE ISSUED AND OUTSTANDING, NOT TO EXCEED 2,304
THE AMOUNT OF THE BOND ISSUE; 2,305
(2) PROVIDE FOR, OR PROVIDE THE METHOD FOR, ESTABLISHING 2,307
OR DETERMINING FROM TIME TO TIME THE RATE OR RATES OF INTEREST OR 2,308
THE MAXIMUM RATE OR RATES OF INTEREST TO BE PAID ON THE 2,309
49
ANTICIPATORY NOTES;
(3) STATE THE DATE OR DATES OF THE ANTICIPATORY NOTES; 2,311
(4) ESTABLISH PROVISIONS, IF ANY, FOR REDEMPTION OR 2,313
PREPAYMENT OF THE ANTICIPATORY NOTES, IN WHOLE OR IN PART, BEFORE 2,314
MATURITY;
(5) PROVIDE THE MATURITY DATE OF THE ANTICIPATORY NOTES, 2,316
WHICH SHALL NOT BE later than five years from the date of the 2,318
first issue of such THE notes. All of such 2,319
(B) ALL anticipatory notes issued for less than five years 2,321
may be renewed from time to time until the expiration of five 2,323
years from the date of original issue. After the expiration of 2,324
five years from the date of original issue, if any annual 2,325
installments of the assessments have been collected or are in 2,326
process of collection, the board may renew or continue to renew 2,327
its anticipatory notes from time to time until the board by a 2,328
bonding resolution declares the necessity of issuing bonds. The 2,329
notes shall be redeemable at any interest payment date. Such 2,330
notes may be sold at private sale but in no event shall they be 2,331
sold at less than par and accrued interest; but if the board 2,332
determines to sell such notes at public sale the procedure shall 2,333
be as provided in this section for the sale of bonds. Each 2,334
determination of the board to borrow money and issue notes shall 2,335
be evidenced by a resolution of the board. Whenever such 2,336
WHENEVER notes have been issued in anticipation of the 2,339
issuance of bonds, the proceeds of the bonds when issued and sold 2,340
and of the assessment pursuant to which the bonds are issued 2,341
shall be applied to the payment of the notes and interest thereon 2,342
ON THE NOTES until both are fully paid. 2,344
(C)(1) If the board determines not to issue such 2,346
anticipatory notes, or if such ANTICIPATORY notes are issued, 2,347
when AND they are about to fall due, the board shall adopt a 2,349
resolution, to be known as the bonding resolution, declaring. 2,350
THE BONDING RESOLUTION SHALL DO ALL OF THE FOLLOWING: 2,351
(a) DECLARE the necessity of the bonds presently to be 2,354
50
issued, and their purpose, and THEIR amount, in accordance with 2,356
the prior resolution of necessity, and fixing the date, rate of 2,357
interest, and maturity of the bonds. When;
(b) STATE OR PROVIDE FOR THE DATE OF THE BONDS, AND THE 2,359
DATES AND AMOUNTS OR MAXIMUM AMOUNTS OF MATURITIES OR PRINCIPAL 2,360
PAYMENTS ON THE BONDS;
(c) STATE ANY PROVISION FOR A MANDATORY SINKING FUND OR 2,362
MANDATORY SINKING FUND REDEMPTION OR FOR REDEMPTION PRIOR TO 2,363
MATURITY;
(d) PROVIDE FOR THE RATE OR RATES OF INTEREST OR MAXIMUM 2,365
RATE OR RATES OF INTEREST TO BE PAID ON THE BONDS OR, IF 2,366
OTHERWISE AUTHORIZED, THE METHOD FOR ESTABLISHING OR DETERMINING 2,367
FROM TIME TO TIME THE RATE OR RATES OF INTEREST TO BE PAID ON THE 2,368
BONDS;
(e) STATE ANY PROVISION FOR A DESIGNATED OFFICER OF THE 2,370
DISTRICT TO DETERMINE ANY OF THE SPECIFIC TERMS REQUIRED BY THIS 2,371
DIVISION TO BE STATED IN THE BONDING RESOLUTION, SUBJECT TO ANY 2,372
LIMITATIONS STATED IN THE BONDING RESOLUTION. 2,373
(2) WHEN anticipatory notes are not issued, the resolution 2,377
of necessity may be incorporated in and made a part of the 2,379
bonding resolution. All bonds shall be sold to the highest 2,380
bidder, after being advertised once a week for three consecutive 2,381
weeks and on the same day of the week, the first advertisement 2,382
being published at least twenty-one full days before the date of 2,383
sale, in a newspaper having general circulation in the county 2,384
wherein the office of the district is located. The advertisement 2,385
shall state the amount of bonds to be sold, how long they are to 2,386
run, the rate of interest to be paid thereon, the dates of 2,387
payment of interest, the purpose of the issue, and the day, hour, 2,388
and place where bids will be received. An advertisement may also 2,389
be published in recognized financial journals. Anyone desiring 2,390
to do so may present a bid for such bonds based upon their 2,391
bearing a different rate of interest than specified in the 2,392
advertisement. Where a fractional interest rate is bid, such 2,393
51
fraction shall be one quarter of one per cent or a multiple 2,394
thereof and uniform for all maturities. Every bidder shall file 2,395
with his bid a bond or certified check in an amount specified in 2,396
the advertisement but not less than one per cent of the amount of 2,397
the bonds to be sold.
Bonds of the district may be issued subject to call or 2,399
redemption prior to maturity at not more than par. When the 2,400
district has issued bonds subject to call or redemption prior to 2,401
maturity the board may refund such bonds at a lower rate of 2,402
interest than is provided therein, provided that the bonds issued 2,403
shall not exceed in amount the bonds refunded and the maturity of 2,404
the bonds so issued shall not extend beyond the maturity of the 2,405
bonds refunded. 2,406
No bonds shall be sold for less than the face value thereof 2,408
with accrued interest. The board shall accept the highest bid, 2,409
or if bids are received based upon a different rate of interest 2,410
than specified in the advertisement, the board shall accept the 2,411
highest bid resulting in the lowest net interest cost to the 2,412
district, presented by a responsible bidder. The net interest 2,413
cost shall be the difference between the interest cost over the 2,414
life of the bonds and the premium offered. If a bid is accepted 2,415
based upon a rate of interest other than that provided for in the 2,416
bonding resolution of the board, such acceptance before taking 2,417
effect must be approved by a supplemental resolution of the 2,418
board, and in such case bonds may be issued bearing the rate of 2,419
interest provided for in such accepted bid without further 2,420
amendment of the bonding resolution. When bonds have been once 2,421
advertised and offered at public sale, as provided by law, and 2,422
they or any part thereof remain unsold for want of bidders, those 2,423
unsold may be sold at private sale at not less than their par 2,424
value and accrued interest thereon bearing not to exceed the rate 2,425
of interest provided in the bonding resolution of the board. All 2,426
(D)(1) ANTICIPATORY NOTES AND BONDS MAY BE SOLD BY 2,428
COMPETITIVE BID OR AT PRIVATE SALE IN A MANNER DETERMINED OR 2,430
52
AUTHORIZED BY THE BOARD, BUT THEY SHALL NOT BE SOLD FOR LESS THAN 2,431
NINETY-SEVEN PER CENT OF THEIR PRINCIPAL AMOUNT, PLUS ACCRUED 2,432
INTEREST. AS USED IN THIS DIVISION, "BID" HAS THE SAME MEANING 2,433
AS IN DIVISION (C) OF SECTION 133.30 OF THE REVISED CODE.
(2) ALL moneys from premiums and accrued interest shall be 2,436
paid into the bond retirement fund. 2,437
(3) Bonds and ANTICIPATORY notes shall be signed by the 2,439
president of the board, AND BE attested by the seal of said 2,441
district and by the signature of the secretary of the conservancy 2,443
district, and bonds shall be registered by the treasurer of 2,444
state. Interest coupons attached to such bonds shall bear the 2,445
facsimile signatures of said president and secretary. In case IF 2,446
any of the officers whose signatures, countersignatures, or 2,447
certificates appearing APPEAR upon bonds, notes, or coupons 2,449
issued pursuant to sections 6101.01 to 6101.84 of the Revised 2,450
Code, THIS CHAPTER ceases to be such THAT officer before the 2,451
delivery of such THE bonds or notes to the purchaser, such THE 2,453
signatures, countersignatures, or certificates shall nevertheless 2,454
be valid and sufficient for all purposes, as if such THE officer 2,455
had remained in office until the delivery of the bonds or notes. 2,457
Bonds shall show on their face the purpose for which they 2,459
are issued, and shall be payable out of money derived from the 2,460
bond retirement fund. ALL 2,461
All assessments the collection of which has been 2,463
anticipated by the issuance of bonds or notes shall, when 2,464
collected, be paid into the bond retirement fund for the purpose 2,465
of paying the principal and interest of bonds and notes and for 2,466
no other purpose. All bonds and coupons not paid at maturity 2,467
shall bear interest at the rate provided in section 9.95 of the 2,468
Revised Code from maturity until paid or until sufficient funds 2,469
have been deposited at the place of payment. The expenses 2,470
incurred in paying said bonds and interest thereon and reasonable 2,471
compensation to the treasurer of state together with the costs to 2,472
the office of the treasurer of state for registering and paying 2,473
53
same ON BONDS shall be paid out of the other funds in the hands 2,474
of the treasurer of the conservancy district and collected for 2,476
the purpose of meeting the expenses of administration. That 2,477
portion of the funds paid to the treasurer of state that 2,478
represents the costs to his office shall be paid into the state 2,480
treasury to the credit of the general revenue fund. The 2,481
(E) THE BOARD MAY ISSUE ANTICIPATORY NOTES OR BONDS TO 2,483
FUND OR REFUND PREVIOUSLY ISSUED NOTES OR BONDS. THESE 2,484
ANTICIPATORY NOTES OR BONDS SHALL BE ISSUED PURSUANT TO A NOTE 2,485
RESOLUTION OR BONDING RESOLUTION AS DESCRIBED IN DIVISION (A) OR 2,486
(C) OF THIS SECTION.
MONEYS DERIVED FROM THE PROCEEDS OF ANTICIPATORY NOTES AND 2,488
BONDS ISSUED UNDER THIS DIVISION AND ANY MONEYS DERIVED FROM 2,489
OTHER SOURCES AND REQUIRED FOR THE FUNDING OR REFUNDING OF THE 2,490
PREVIOUSLY ISSUED NOTES OR BONDS SHALL BE PLACED, UNDER AN ESCROW 2,491
AGREEMENT OR OTHERWISE AND TO THE EXTENT REQUIRED BY THE 2,492
RESOLUTION, IN AN ESCROW FUND. THE ESCROW FUND MAY BE AN ACCOUNT
IN THE BOND RETIREMENT FUND IF THE PREVIOUSLY ISSUED NOTES OR 2,493
BONDS ARE PAYABLE WITHIN NINETY DAYS OF THE ISSUANCE OF THE 2,494
ANTICIPATORY NOTES OR BONDS UNDER THIS DIVISION. THE MONEYS IN 2,495
THE ESCROW FUND SHALL BE PLEDGED AND USED FOR THE PURPOSE OF 2,496
FUNDING OR REFUNDING THE PREVIOUSLY ISSUED NOTES OR BONDS.
(F) PENDING THEIR USE UNDER DIVISION (E) OF THIS SECTION, 2,499
THE MONEYS IN THE ESCROW FUND REFERRED TO IN THAT DIVISION SHALL
BE INVESTED IN DIRECT OBLIGATIONS OF, OR OBLIGATIONS GUARANTEED 2,500
AS TO PAYMENT BY, THE UNITED STATES THAT MATURE, OR ARE SUBJECT 2,501
TO REDEMPTION BY AND AT THE OPTION OF THE HOLDER, NOT LATER THAN 2,502
THE DATE OR DATES WHEN THE MONEYS IN THE ESCROW FUND, TOGETHER 2,503
WITH INTEREST OR OTHER INVESTMENT INCOME ACCRUED ON THOSE MONEYS, 2,504
ARE REQUIRED FOR THE PAYMENT OF DEBT CHARGES ON THE PREVIOUSLY 2,505
ISSUED NOTES OR BONDS UNDER DIVISION (E) OF THIS SECTION. ANY 2,506
MONEYS IN THE ESCROW FUND THAT ARE NOT NEEDED FOR THE PAYMENT OF
DEBT CHARGES ON THE PREVIOUSLY ISSUED NOTES OR BONDS SHALL BE 2,507
TRANSFERRED TO THE BOND RETIREMENT FUND. FOR PURPOSES OF THIS 2,508
54
DIVISION, "DIRECT OBLIGATIONS OF, OR OBLIGATIONS GUARANTEED AS TO 2,509
PAYMENT BY, THE UNITED STATES" INCLUDES RIGHTS TO RECEIVE PAYMENT 2,510
OR PORTIONS OF PAYMENTS OF THE PRINCIPAL OF, OR INTEREST OR OTHER 2,511
INVESTMENT INCOME ON, THOSE OBLIGATIONS AND OTHER OBLIGATIONS 2,512
FULLY SECURED AS TO PAYMENT BY THOSE OBLIGATIONS AND THE INTEREST 2,513
OR OTHER INVESTMENT INCOME ON THOSE OBLIGATIONS.
(G) WHEN THE MONEYS, INCLUDING THE INTEREST OR OTHER 2,515
INVESTMENT INCOME ON THE MONEYS, IN THE ESCROW FUND REFERRED TO 2,516
IN DIVISION (E) OF THIS SECTION ARE DETERMINED BY AN INDEPENDENT 2,517
PUBLIC ACCOUNTING FIRM TO BE SUFFICIENT FOR THE PAYMENT OF THE 2,518
DEBT CHARGES ON THE PREVIOUSLY ISSUED NOTES OR BONDS UNDER THAT 2,520
DIVISION, THE FOLLOWING CONDITIONS SHALL APPLY:
(1) THE PREVIOUSLY ISSUED NOTES OR BONDS SHALL NO LONGER 2,522
BE CONSIDERED OUTSTANDING. 2,523
(2) THE PREVIOUSLY ISSUED NOTES OR BONDS SHALL NO LONGER 2,525
BE CONSIDERED FOR PURPOSES OF DETERMINING ANY DIRECT OR INDIRECT 2,526
LIMITATION ON THE INDEBTEDNESS OR NET INDEBTEDNESS OF THE 2,527
DISTRICT.
(3) THE LEVY OF SPECIAL ASSESSMENTS OR OTHER CHARGES FOR 2,529
THE PAYMENT OF THE DEBT CHARGES ON THE PREVIOUSLY ISSUED NOTES OR 2,530
BONDS UNDER THIS CHAPTER, CHAPTER 5705. OF THE REVISED CODE, OR 2,531
OTHER PROVISIONS OF THE REVISED CODE IS NOT REQUIRED.
(H) THE board in making the annual assessment levy shall 2,534
take into account the maturing bonds and interest on all bonds, 2,535
and shall make ample provision in advance for the payment thereof 2,536
OF THOSE BONDS AND THAT INTEREST. 2,537
In case the proceeds of the original assessments made under 2,539
section 6101.48 of the Revised Code are not sufficient to pay the 2,540
principal and interest of all bonds issued, then the board shall 2,541
make such additional levies as are necessary for this purpose, 2,542
and under no circumstances shall any assessment levies be made 2,543
that will in any manner or to any extent impair the security of 2,544
said THE bonds or the fund available for the payment of the 2,545
principal and interest of the same BONDS. 2,546
55
Sec. 6101.501. A conservancy district or a subdistrict 2,555
thereof OF IT may issue revenue bonds for the purpose of paying 2,556
all or part of the cost of acquiring or constructing any 2,558
improvement which THAT the district or subdistrict is authorized 2,559
to acquire or construct, and such THE improvement may include 2,561
equipment, land or interests in land, and facilities necessary or 2,563
appropriate to such THE improvement. Such THE bonds shall be 2,565
secured only by a pledge of, and lien upon, such THE portion as 2,567
the board of directors of the conservancy district determines of 2,568
the revenues derived from fees, rates, and charges for the use of 2,569
any facilities or services of the district or subdistrict, after 2,570
the payment of costs and expenses of operation and maintenance of 2,571
such THE facilities, and the covenant of the district or 2,572
subdistrict to maintain sufficient fees, rates, and charges to 2,573
produce adequate revenues to pay such THE costs and expenses and 2,574
for the payment of such THE bonds. Such THE bonds shall be 2,576
negotiable instruments, but shall not constitute general 2,578
obligations of the district or subdistrict. 2,579
Such THE bonds shall bear interest at not to exceed the 2,581
rate provided in section 9.95 of the Revised Code, payable 2,582
semiannually, shall mature in annual or semiannual installments 2,583
within forty years from their date, and may be made callable and, 2,584
if so issued, may be refunded. Such THE bonds shall be signed by 2,586
the president of the board and attested by the seal of said 2,587
district and by the signature of the secretary of the conservancy 2,588
district, provided that one of such THE signatures may be a 2,589
facsimile and a facsimile of such seal may be imprinted on said 2,591
bonds. Interest ANY INTEREST coupons attached to such THE bonds 2,593
shall bear the facsimile signatures of the president and 2,594
secretary. In case any officer who has signed such THE bonds or 2,595
caused his THE OFFICER'S facsimile signature to be affixed 2,598
thereto TO THE BONDS ceases to be such THAT officer before the 2,599
bonds so signed have been actually delivered, such THE bonds, 2,600
nevertheless, may be issued and delivered as though the person 2,602
56
who had signed such THE bonds, or caused his THE PERSON'S 2,603
facsimile signature to be affixed thereto TO THE BONDS, had not 2,606
ceased to be such THAT officer; any such bonds may be executed on 2,608
behalf of the district by an officer who, at the actual date of 2,609
execution of such THE bonds, is the proper officer of the 2,611
district, although at the date of such THE bonds such THE person 2,612
was not such an officer. Such THE bonds may be sold as provided 2,614
in section 6101.50 of the Revised Code or at private sale, at the 2,615
option of the board, and shall be registrable as provided in 2,616
section 6101.52 of the Revised Code. 2,617
In the discretion of the board of directors, such THE 2,619
revenue bonds may be further secured by a trust agreement between 2,620
the board and a corporate trustee, which may be any trust company 2,621
or bank having the powers of a trust company within or without 2,622
the state. Such THE trust agreement may pledge or assign 2,623
revenues to the payment of the principal of and interest on such 2,625
THE bonds and reserves therefor FOR THE BONDS, but shall not 2,626
convey or mortgage any property of the district or subdistrict. 2,628
Any such trust agreement may contain such provisions for 2,629
protecting and enforcing the rights and remedies of the 2,630
bondholders as are reasonable and proper and not in violation of 2,631
law, including provisions for issue of additional revenue bonds 2,632
to be secured ratably with any revenue bonds theretofore or 2,633
thereafter PREVIOUSLY OR SUBSEQUENTLY issued, covenants setting 2,634
forth the duties of the board in relation to the acquisition, 2,635
improvement, maintenance, operation, repair, and insurance of the 2,636
facilities in connection with which such THE bonds are 2,637
authorized, the custody, safeguarding, and application of all 2,639
revenues and moneys, the insurance of moneys on hand or on 2,640
deposit, the rights and remedies of the trustee and the holders 2,641
of the bonds, including therein IN THEM provisions restricting 2,642
the individual right of action of bondholders as is customary in 2,644
trust agreements respecting bonds and debentures of corporations, 2,645
the security to be given by those who contract to construct the 2,646
57
project and by any bank or trust company in which the proceeds of 2,647
bonds or revenues are deposited, and such other provisions as the 2,648
board deems CONSIDERS reasonable and proper for the security of 2,649
the bondholders. All expenses incurred in carrying out the 2,651
provisions of any such trust agreement may be treated as a part 2,652
of the cost of maintenance, operation, and repair of the 2,653
facilities for which the bonds were issued. 2,654
The board shall covenant and agree to maintain, so long as 2,656
there are outstanding any such bonds payable from revenues, 2,657
adequate fees and charges for the use of the facilities or 2,658
services from which such THE revenues are derived for the payment 2,660
of the principal and interest on such THE bonds and for the 2,661
creation and maintenance of reserves therefor FOR THAT PAYMENT 2,663
and reserves for operation, maintenance, replacement, and 2,665
renewal.
If the revenues pledged to pay revenue bonds prove 2,667
insufficient to pay maturing bonds, bonds which THAT have matured 2,669
or are about to mature may be refunded, providing PROVIDED THAT 2,670
the refunding bonds so issued shall mature in not more than 2,672
fifteen years after issuance; or all of the outstanding bonds, 2,673
both matured and unmatured, of any such issue may be refunded if 2,674
such THE outstanding bonds can be retired by call for redemption 2,676
or with the consent of the holders, either from the proceeds of 2,677
the sale of the refunding bonds or by exchange, provided such 2,678
PROVIDED THAT THE refunding bonds shall not exceed in amount the 2,680
par value of the bonds to be refunded plus the redemption price 2,681
in excess of par value, if any, required to be paid upon their 2,682
call for redemption, and the maturity of such THE refunding bonds 2,683
shall not exceed forty years after their issuance. 2,685
The terms and provisions of any such refunding bonds, the 2,687
method of their issue, and the documents to be executed for the 2,688
security thereof, OF THEM shall be as provided for an original 2,689
issue of revenue bonds, except that they may mature in one or 2,691
more installments and contain such provisions for sinking fund 2,692
58
and for calls from sinking fund as the board of directors may 2,693
determine, and except that they may be exchanged in whole or in 2,694
part for the bonds to be refunded. 2,695
Sec. 6101.51. The treasurer of a conservancy district, at 2,704
the time of taking office, shall execute to the district and 2,705
deliver to the president of the board of directors of the 2,706
conservancy district, a bond with good and sufficient sureties, 2,707
to be approved by the board, conditioned that the treasurer shall 2,708
account for and pay over as required by law, and as ordered by 2,709
the board, all money received by him THE TREASURER on the sale of 2,711
bonds and notes or from any other source, and that he THE 2,712
TREASURER only shall deliver the bonds and notes to the 2,715
purchasers thereof under and according to the terms prescribed in 2,716
this section and section 6101.50 of the Revised Code, and that, 2,717
when ordered by the board to do so, he THE TREASURER shall return 2,718
to the board, duly canceled, any bonds and notes not sold, which 2,720
bonds and notes shall remain in the custody of the board, which 2,721
shall produce them for inspection or for use as evidence whenever 2,722
and wherever legally requested to do so. The cost of the bond of 2,723
the treasurer of the district shall be paid by the board from the 2,724
funds of the district. The board shall make appropriations at 2,725
the proper time for the payment of the maturing bonds and notes 2,726
of the district and the interest payments coming due on all bonds 2,727
and notes sold, and the treasurer of the district shall place 2,728
sufficient funds at the place of payment to pay them. If proper 2,729
appropriations are not made by the board as provided in this 2,730
section, the treasurer of the district of his THE TREASURER'S own 2,731
accord shall place funds at the place of payment and report that 2,733
action to the next meeting of the board. The canceled bonds and 2,734
coupons, receipted notes, and receipts of the treasurer of state 2,735
shall be evidence of such payment.
All moneys of a district deposited with the treasurer of 2,737
state to provide for the payment of bonds and interest shall be 2,738
deposited by the treasurer of state in the name of the district 2,739
59
in a national or state bank subject to the same conditions as are 2,740
provided by law for the deposit of moneys of the state, and all 2,741
interest received on the deposit shall be paid to the district. 2,742
The successor in office of any treasurer of a conservancy 2,744
district is not entitled to take over the assets of the treasury 2,745
until he THE TREASURER has complied with this section. Moneys 2,746
derived from the sale of bonds and from all other sources shall 2,748
be deposited by the treasurer of the district with depositories 2,749
designated by the board. At intervals of not greater than two 2,750
years, the board shall invite proposals from banks and trust 2,751
companies for the deposit of district funds. So long as such 2,752
banks and trust companies are permitted by law to pay interest, 2,753
the board shall select as depositories the bank or banks or trust 2,754
company or companies that at competitive bidding offer the 2,755
highest rate or rates of interest, but if no proposal offering 2,756
depository interest is received, the board may designate 2,757
depositories for the funds of the district without payment of 2,758
interest. The selection of any depository shall be evidenced by 2,759
a resolution of the board, which shall set forth the terms 2,760
governing the selection. The funds so deposited shall be 2,761
protected at all times by the hypothecation by the depository of 2,762
securities of market value or par value, whichever is less, in an 2,763
amount equal to one hundred per cent of the funds, and additional 2,764
securities shall be hypothecated when necessary to maintain that 2,765
percentage. The hypothecation of the securities by the depository 2,766
does not require that the securities be placed in the possession 2,767
of the treasurer of the district. The depository, by written 2,768
notice to the board and to the treasurer, may designate a 2,769
qualified trustee and deposit the eligible securities required by 2,770
this section with the trustee for safekeeping for the account of 2,771
the treasurer and the depository, as their respective rights to 2,772
and interests in the securities under this section may appear and 2,773
be asserted by written notice to or demand upon the trustee. In 2,774
that case, the treasurer shall accept the written receipt of the 2,775
60
trustee, describing the securities, as and for a hypothecation of 2,776
the described securities, and issue to the depository his written 2,778
acknowledgment to that effect, keeping a copy thereof in his 2,779
office. Thereupon, the securities described in the trustee's 2,780
receipt shall be deemed to have been hypothecated with the 2,781
treasurer and to have been deposited with him for all the 2,783
purposes of this section. The amount so determined of the
securities to be hypothecated shall be reduced by an amount equal 2,784
to the insurance of deposits provided by the federal deposit 2,785
insurance corporation pursuant to the act of congress known as 2,786
the "Banking Act of 1933," 48 Stat. 162, 12 U.S.C.A. 1811, as 2,787
amended. The securities shall be obligations of, or guaranteed 2,788
as to principal and interest by, the United States or obligations 2,789
of the state or of the conservancy district or, subject to 2,790
acceptance by the board, obligations of any political subdivision 2,791
lying wholly or partly within the boundaries of the district. 2,792
From time to time as the amount on deposit is reduced, the amount 2,793
of the hypothecated securities may be reduced, but the total 2,794
protection of deposits shall be not less than the amount on 2,795
deposit. The board may invest moneys of the district in United 2,796
States savings bonds or other interest bearing obligations of the 2,797
United States IN ACCORDANCE WITH SECTIONS 135.01 TO 135.21 OF 2,798
THE REVISED CODE. The funds derived from the sale of any of the 2,799
bonds and notes shall be used only for paying the cost of the 2,800
properties, works, and improvements and such costs, expenses, 2,801
fees, and salaries as are authorized by law. 2,802
The district may secure the payment of loans from the 2,804
United States government in the same manner as it may secure the 2,805
payment of bonds, and the board may make any necessary 2,806
regulations to provide for that payment. 2,807
A party who has not sought a remedy against any proceeding 2,809
under this chapter, until such bonds or notes have been sold or 2,810
the work constructed, cannot for any cause have an injunction 2,811
against the collection of taxes or assessments for the payment of 2,812
61
the bonds OR NOTES. 2,813
Such bonds shall have all the qualities of negotiable paper 2,815
under the law merchant, and when executed and sealed and 2,816
registered in the office of the treasurer of state in conformity 2,817
with this chapter, and when sold in the manner prescribed in this 2,818
section and section 6101.50 of the Revised Code and the WHEN 2,819
consideration therefor FOR BONDS is received by the district, THE 2,821
BONDS shall not be invalid for any irregularity or defect in the 2,822
proceedings for the issue THEIR ISSUANCE and sale thereof, and 2,823
shall be incontestable in the hands of bona fide purchasers or 2,825
holders thereof OF THE BONDS for value. No proceedings in 2,827
respect to the issuance of any such bonds are necessary except 2,828
such as are required by this chapter.
Notwithstanding any other provision of this section 2,830
governing the deposit or investment of moneys of a conservancy 2,831
district, the board of directors of such a district, for the 2,832
purpose of providing for the investment of the moneys on the 2,833
district's behalf, may order the treasurer of the district to 2,834
invest moneys of the district in the Ohio subdivisions 2,835
SUBDIVISION'S fund authorized to be created under section 135.45 2,837
of the Revised Code. Any such investments in the fund are 2,838
subject to and governed by that section and rules adopted under 2,839
it.
Sec. 6101.52. Whenever the owner of any coupon bond issued 2,848
pursuant to sections 6101.01 to 6101.84, inclusive, of the 2,849
Revised Code, THIS CHAPTER presents such THE bond to the 2,851
treasurer of the conservancy district with a request for the 2,852
conversion of such THE bond into a bond registered as to 2,854
principal and interest, said THE treasurer shall cut off and 2,856
cancel the coupons of any such THE coupon bond so presented, and 2,858
shall stamp, print, or write upon such THE coupon bond, either 2,859
upon the back or the face thereof OF IT or in blanks provided 2,860
therefor, as is convenient, FOR THE PURPOSE a dated and signed 2,862
statement to the effect that said THE bond is registered as to 2,863
62
principal and interest in the name of the owner and that 2,864
thereafter the interest and principal of said THE bond are 2,865
payable to the registered owner. Upon request of an owner 2,867
similarly made for registration of any coupon bond as to
principal only, the treasurer of the district shall similarly 2,868
record on such THE bond a statement to the effect that said THE 2,870
bond is registered as to principal and that thereafter the 2,872
principal of said THE bond is payable to the registered owner. 2,874
Thereafter, and from time to time, any bond so registered as to 2,875
principal and interest or as to principal only may be transferred 2,877
by such THE registered owner in person or by attorney duly 2,879
authorized on presentation of such THE bond to the treasurer of 2,881
the district and the bond again registered as before, a similar
statement being stamped, printed, or written thereon ON IT. If 2,882
such THE bond is so registered, the principal and interest of 2,884
such THE bond or the principal thereof OF IT, if registered as to 2,886
principal only, shall be payable to the registered owner. Upon 2,887
request of the owner of any registered bond, such THE bond may be 2,888
discharged from registration by being in like manner transferred 2,889
and made payable to bearer and, if such THE bond has been 2,890
registered as to interest, by attaching thereto TO IT 2,892
reproductions of the original interest coupons thereafter 2,893
payable; but the cost of reproducing and attaching such THE 2,894
coupons shall be paid by the owner of such THE bond. The 2,896
treasurer of the district shall enter in a register of such bonds 2,898
to be kept by him, or in a separate book, THE TREASURER the fact 2,899
of the registration of such THE bond and the name of the 2,900
registered owner thereof OF IT so that said THE register or book 2,902
at all times shows what bonds are registered, the kind of
registration, and the name of the registered owner thereof. Not 2,904
more than thirty nor less than fifteen days prior to each payment 2,906
date for payment of principal or interest the treasurer of the 2,907
district shall certify the record of registered bonds to the 2,908
treasurer of state.
63
Sec. 6101.53. To maintain, operate, and preserve the 2,917
reservoirs, ditches, drains, dams, levies, canals, sewers, 2,918
pumping stations, treatment and disposal works, or other 2,919
properties or improvements acquired or made pursuant to sections 2,920
6101.01 to 6101.84, inclusive, of the Revised Code THIS CHAPTER, 2,921
and to strengthen, repair, and restore the same, when needed, and 2,923
to defray the current expenses of the conservancy district, the 2,924
board of directors of the conservancy district may, upon the 2,925
substantial completion of said THE improvements and on or before 2,926
the first day of September in each year thereafter, levy an 2,928
assessment upon each tract or parcel of land and upon each public 2,929
corporation within the district, subject to assessments under 2,930
such sections THIS CHAPTER, to be known as a conservancy 2,931
maintenance assessment. No such assessment shall be made with 2,933
respect to works and improvements acquired or constructed for the 2,934
purpose of providing a water supply for domestic, industrial, and 2,935
public use within the district, when such THE water supply can be 2,936
metered or measured when furnished to persons or public 2,938
corporations. If the district, for the benefit of one or more 2,939
persons or political subdivisions, provides a water supply that 2,940
recharges underground aquifers and thereby replenishes wells or 2,941
provides a source of water for new wells, or increases the 2,942
natural low flow of a stream used for water supply, or creates an 2,943
impoundment, in such a way that the augmented use of water cannot 2,944
be metered or measured for individual or public consumption, the 2,945
board may make a maintenance assessment against benefited 2,946
property and public corporations in the same manner provided 2,947
herein IN THIS SECTION for maintenance of other properties or 2,949
improvements.
Said THE maintenance assessment shall be apportioned upon 2,951
the basis of the total appraisal of benefits accruing for 2,952
original and subsequent construction, shall not exceed one per 2,953
cent thereof OF THE TOTAL APPRAISAL OF BENEFITS in any one year 2,954
unless the court by its order authorizes an assessment of a 2,956
64
larger percentage, SHALL NOT BE LESS THAN TWO DOLLARS, and shall 2,957
be certified to the county auditor of each county in which lands 2,958
of said THE district are located in the conservancy assessment 2,960
book RECORD but in a separate column in like manner and at the 2,962
same time as the annual installment of the assessment levied 2,963
under section 6101.48 of the Revised Code is certified, under the 2,964
heading "Maintenance MAINTENANCE assessment." Said THE auditor 2,966
shall certify the same to the county treasurer of the county at 2,968
the same time that he THE AUDITOR certifies the annual 2,969
installment of the assessments levied under such THAT section, 2,970
and the sum of such THE levies for any tract or public 2,971
corporation may be certified as a single item. The treasurer 2,973
shall demand and collect the maintenance assessment and make 2,974
return thereof OF IT, and shall be liable for the same penalties 2,976
for failure to do so as are provided for the annual installment 2,977
of the assessment levied under section 6101.48 of the Revised 2,978
Code.
The board of directors of the conservancy district may 2,980
adopt a resolution requiring that any annual maintenance 2,981
assessments authorized by this section that are for ten dollars 2,982
or less be collected biennially or triennially rather than 2,983
annually. The resolution shall specify the maximum dollar
amount, not to exceed ten dollars for each year for which the 2,984
collection is being made, that may be accumulated and collected 2,985
either biennially or triennially, whichever is indicated in the 2,987
resolution. The board annually shall certify to the county
auditor the amount of such assessments to be collected in that 2,988
year, if any, and the county auditor shall proceed to collect 2,989
those certified amounts in the same manner as provided for 2,990
collection of all other maintenance assessments under this 2,991
section.
The amount of the maintenance assessment paid by any parcel 2,993
of land or public corporation shall not be credited against the 2,994
benefits assessed against such THE parcel of land or public 2,995
65
corporation;, but the maintenance assessment shall be in addition 2,997
to any assessment that has been or can be levied under section 2,998
6101.48 of the Revised Code. 2,999
To maintain, operate, and preserve the works and 3,001
improvements of the district acquired or constructed for the 3,002
purpose of providing a water supply, to strengthen, repair, and 3,003
restore the same, and to defray the current expenses of the 3,004
district for this purpose, the board may impose rates for the 3,005
sale of water to public corporations and persons whithin WITHIN 3,006
the district. The rates to be charged for such THE water shall 3,008
be fixed and adjusted by the board at intervals of not less than 3,010
one year, so that the income thus produced will be adequate to 3,011
provide a maintenance fund for the purpose of water supply. 3,012
Contracts for supplying water to public corporations and persons 3,013
shall be entered into before such THE service is rendered by the 3,014
district. Such contracts CONTRACTS shall specify the maximum 3,016
quantity of water to be furnished to the public corporation or 3,018
person, which AND THE quantity shall be fixed so as equitably to 3,020
distribute the supply. Preference shall be given to water supply 3,021
furnished to public corporations for domestic and public uses. 3,022
Bills for water supplied to public corporations shall be rendered 3,023
at regular intervals and shall be payable from the waterworks 3,024
fund of the public corporation or, if it is not sufficient, from 3,025
the general fund. 3,026
Sec. 6101.54. Whenever the owners or representatives of 3,035
twenty-five per cent or more of the acreage or value of the lands 3,037
in a conservancy district or the board of directors of a
conservancy district file a petition with the clerk of the court 3,038
having jurisdiction in the original case, stating that there has 3,039
been a material change in the values of the property in the 3,040
district or additional benefits are being derived from the works 3,041
and the improvements of the district since the last previous 3,042
appraisal of benefits, and praying for a readjustment of the 3,043
appraisal of benefits for the purpose of making a more equitable 3,044
66
basis for the levy of the maintenance assessment under section 3,045
6101.53 of the Revised Code, the clerk shall give notice of the 3,046
filing and OF A hearing of said THE petition by publication in 3,048
the manner provided in division (A) of section 6101.01 of the 3,049
Revised Code.
Upon hearing of said THE petition, if said THE court finds 3,052
there has been a material change in the values of property in 3,053
said THE district, or that additional benefits are derived from 3,054
the works and improvements of the district, or both, since the 3,055
last previous appraisal of benefits, the court shall order that 3,056
there be a readjustment of the appraisal of benefits for the 3,057
purpose of providing a basis upon which to levy the maintenance 3,059
assessment of said THE district. Thereupon the THE court THEN 3,061
shall direct the board of appraisers of the conservancy district
to make such THE readjustment in the manner provided in sections 3,063
6101.01 to 6101.84, inclusive, of the Revised Code THIS CHAPTER, 3,064
and said THE board shall make its report. The same proceedings 3,065
shall be had thereon ON IT, as nearly as may be, as are provided 3,067
in such sections THIS CHAPTER for the appraisal of benefits 3,069
accruing for original construction. In making the readjustment 3,070
of the appraisal of benefits, the readjusted appraisal shall not 3,071
be limited to the aggregate amount of nor OR to the benefits or 3,072
properties or persons listed in the original or any previous 3,074
appraisal of benefits, and, after the making of such THE 3,075
readjustment, the limitation of the annual maintenance assessment 3,077
to one per cent of the total appraised benefits, BUT NOT LESS 3,078
THAN TWO DOLLARS, shall apply to the amount of the benefits as 3,079
readjusted. There shall be no such readjustment of benefits 3,080
oftener MORE OFTEN than once in eight SIX years. 3,081
Sec. 6101.55. The board of directors of a conservancy 3,090
district shall each year after the original assessment has been 3,091
levied determine, order, and levy the annual levy, which shall 3,092
include all assessments, or installments of assessments, together 3,093
with interest, levied under sections 6101.01 to 6101.84 of the 3,094
67
Revised Code THIS CHAPTER, which become due in the ensuing year, 3,095
and such. THE annual levy shall be due and be collected at the 3,097
same time that state and county taxes are due and collected. 3,098
After bonds have been sold, in the determination of an annual 3,099
levy, the rate of interest upon the unpaid installments of an 3,100
assessment shall be the rate borne by the bonds which THAT have 3,101
been issued and sold pursuant to such THE assessment. The annual 3,102
levy as SHALL BE recorded in the conservancy assessment book 3,104
RECORD, shall be signed and certified by the president of the 3,106
board and by the secretary of the conservancy district, attested 3,107
by the seal of the district, not later than the first day of July 3,108
SEPTEMBER each year, and the levy shall thereafter become a 3,110
permanent record in the office of the district. The
THE certificate of the annual levy shall be substantially 3,112
as set forth in section 6101.84 of the Revised Code. THEN 3,113
Then shall follow a table or schedule showing in properly 3,115
ruled columns BOTH OF THE FOLLOWING: 3,116
(A) The names of the owners of the property and the names 3,118
of the public corporations assessed, which may be as they 3,119
appeared in the decree of the court confirming the appraisals; in 3,120
the case of a county, municipal corporation, or township, the 3,121
names of individual owners need not be given, but only the name 3,122
of the county, municipal corporation, or township; 3,123
(B) The descriptions of the property opposite the names of 3,125
the owners; 3,126
(C)(B) The total amount of the annual levy on each piece 3,128
of property and on each public corporation for the account of all 3,129
funds and the amount of each item making up such THE total; 3,131
(D) A blank column in which the county auditor shall 3,133
record the several amounts as collected by him; 3,134
(E) A blank column in which the auditor shall record the 3,137
date of payment of the different sums; 3,138
(F) A blank column in which the auditor shall report the 3,141
names of the persons paying the several amounts. 3,142
68
The form of the ANNUAL LEVY PORTION OF THE CONSERVANCY 3,144
assessment book RECORD as prescribed in this section may be 3,146
modified with the approval of the auditor of state. THE
Such certificate OF THE ANNUAL LEVY and report THE ANNUAL 3,149
LEVY PORTION OF THE CONSERVANCY ASSESSMENT RECORD shall be
prepared in duplicate in a well-bound book which shall be 3,151
endorsed and named "Conservancy Assessment Book RECORD of 3,152
................ District, ................. County, Ohio." The 3,153
endorsement shall also be printed at the top of each page in the 3,155
book.
One copy of that part of such duplicate THE ASSESSMENT 3,157
RECORD affecting lands and public corporations in any county 3,159
shall be forwarded to the county auditor of such THAT county. 3,160
The auditor of each county shall receive the copy as a tax book, 3,162
shall set up as a charge upon the county treasurer the total 3,163
amount of assessments levied as shown by such book THE ASSESSMENT 3,164
RECORD, and shall certify such book THE RECORD as other tax 3,165
records to the county treasurer of his THE county. The treasurer 3,166
shall collect the amount according to law. Such THE assessment 3,168
book RECORD shall be the treasurer's warrant and authority to 3,171
demand and receive the assessments due in his THE county as found 3,172
in the same THE RECORD. 3,173
In the event of any failure of the board to determine and 3,175
order an annual levy for the purpose of paying the interest and 3,176
principal of any bonds pursuant to sections 6101.01 to 6101.84 of 3,177
the Revised Code THIS CHAPTER, the auditor of the county in which 3,178
the lands and public corporations subject to such THE assessments 3,180
are situated shall make and complete a levy of the special 3,182
assessments necessary for the purpose against the lands and 3,183
public corporations in the district, and each piece of property 3,184
therein IN THAT COUNTY against which benefits have been 3,186
appraised. Any assessment so made and completed by the auditor 3,187
shall be made and completed by him THE AUDITOR in the manner 3,188
provided for the making and completion of an assessment by the 3,190
69
board, and shall have the same effect as a levy of assessments 3,191
determined and ordered by the board.
Sec. 6101.57. Each county treasurer charged with 3,200
collection of assessments shall make due report to the county 3,201
auditor of the sums collected by him THE TREASURER, and the 3,202
auditor shall issue his A warrant payable to the treasurer of the 3,204
conservancy district for all sums of money in the hands of the 3,205
county treasurer, according to such THE report. Said THE 3,206
auditor, as soon as the books RECORDS for collection are closed 3,208
by the county treasurer according to law, shall make report to 3,209
the treasurer of said THE district of the sums collected, and of 3,211
the assessments not collected, as returned to him THE AUDITOR by 3,212
the county treasurer BY THE FIRST DAY OF DECEMBER OF EACH YEAR. 3,213
The secretary of the conservancy district shall thereupon provide 3,214
a certified delinquent assessment list which shall be known as 3,216
the "Delinquent Assessment Book of ........... District, 3,217
.......... County," and forward the same in duplicate to the 3,218
auditor of said county who shall add the penalty and interest 3,219
fixed by law and transmit one copy to the county treasurer, who 3,220
shall forthwith proceed to collect said assessment and penalty 3,221
and interest, according to law. 3,222
Except as otherwise provided in section 6101.59 of the 3,224
Revised Code, the laws with respect to delinquent assessments and 3,225
taxes shall apply to all assessments and taxes provided for in 3,226
sections 6101.01 to 6101.84 of the Revised Code THIS CHAPTER, 3,227
which remain unpaid when the county treasurer closes his tax and 3,230
THE TREASURER'S assessment books RECORDS, and such THE DELINQUENT 3,231
assessments and taxes are subject to the same rate of interest 3,233
and penalty as provided by law for delinquent assessments and 3,234
taxes of other political subdivisions.
Sec. 6101.58. Before receiving the assessment book RECORD 3,243
provided for by section 6101.55 of the Revised Code, the county 3,244
treasurer of each county in which lands or other property of the 3,245
conservancy district are located shall execute to the district 3,246
70
and deliver to the board of directors of the conservancy district 3,247
a bond with a surety company authorized to conduct a surety 3,248
business in this state as surety, which bond shall be paid for by 3,249
the district, in a sum prescribed by the board and approved by 3,250
the court, conditioned that said THE treasurer shall pay over and 3,252
account for all assessments so collected by him THE TREASURER 3,254
according to law. Said THE bond after approval by said THE board 3,256
shall be deposited with the secretary of the conservancy 3,257
district, who shall be custodian thereof OF THE BOND. Such THE 3,259
secretary shall produce the bond for inspection and use as 3,261
evidence whenever and wherever lawfully requested to do so. 3,262
Sec. 6101.59. All conservancy DISTRICT assessments and 3,271
taxes provided for in sections 6101.01 to 6101.84 of the Revised 3,272
Code THIS CHAPTER, together with all penalties and interest for 3,274
default in payment of the same ASSESSMENTS, and all costs in 3,275
collecting the same ASSESSMENTS, including a reasonable 3,277
attorney's fee, to be fixed by the court and taxed as costs in 3,278
the action brought to enforce payment, from the date of filing 3,279
the certificate described in this section in the office of the 3,280
county auditor for the county wherein IN WHICH the lands and
properties or public corporations are located, until paid, shall 3,281
constitute a lien, to which only the lien of the state for 3,282
general state, county, municipal corporation, school, and road 3,283
taxes shall be paramount, upon all the lands and other property 3,284
or public corporation against which such taxes THE ASSESSMENTS 3,285
are levied as is provided in sections 6101.01 to 6101.84 of the 3,287
Revised Code THIS CHAPTER. No lands or properties to which the 3,289
lien of the conservancy DISTRICT assessments or taxes has 3,290
attached shall be forfeited to the state pursuant to its lien for 3,291
taxes except pursuant to section 5723.01 of the Revised Code. 3,292
Such THE lien of the conservancy DISTRICT assessments and taxes 3,294
may be evidenced by a certificate substantially in the form in 3,295
the schedule provided in section 6101.84 of the Revised Code. 3,296
The certificate and tables shall be prepared in a well-bound book 3,297
71
RECORD by the secretary of the conservancy district at the 3,299
expense of the district.
Unless expressly declared to the contrary, no warranty in 3,301
any warranty deed or in any deed made pursuant to a judicial sale 3,302
shall warrant against any portion of any assessment levied under 3,303
sections 6101.01 to 6101.84 of the Revised Code THIS CHAPTER, 3,304
except past and current installments payable in the year which 3,306
such THE deed bears date. 3,307
Sec. 6101.60. The "delinquent assessment book" of a 3,316
AUDITOR'S conservancy district ASSESSMENT RECORD is prima-facie 3,317
evidence in all courts of all matters therein contained IN IT. 3,319
The liens established and declared in section 6101.59 of the 3,321
Revised Code may be enforced at the option of the board of 3,322
directors of the conservancy district by an action on delinquent 3,323
tax bills or assessment bills, made and certified by the county 3,324
auditor, which action shall be instituted in the court of common 3,325
pleas, without regard to the amount of the claim, within six 3,326
months after the thirty-first day of December of the year for 3,327
which said THE assessments were levied. The suit ACTION shall be 3,328
brought in the corporate name of the district by its attorney 3,330
against the land, property, or public corporation on which such 3,331
tax or THE assessment has not been paid.
In the event of any default in the payment of the interest 3,333
or principal of any bonds or notes issued pursuant to sections 3,334
6101.01 to 6101.84 of the Revised Code THIS CHAPTER, and if the 3,335
district or its proper officers fail to enforce the payment of 3,337
any unpaid tax or assessment, the holder of such THE bonds or 3,338
notes may, for himself SELF and for the benefit of all others 3,340
similarly situated, enforce said THE liens by suit or action 3,341
against the land, property, or public corporation on which such 3,343
tax or THE assessment has not been paid, and against the 3,345
district. The court shall have full power, jurisdiction, and 3,346
authority to apply such tax or THE assessment when collected in 3,348
the payment of the interest or principal upon said THE bonds or 3,350
72
notes as justice and equity require. The suit ACTION shall be 3,351
brought in the county in which the property or public corporation 3,352
is located, except when the tract or property sued upon is in 3,353
more than one county, in which event CASE the suit ACTION may be 3,355
brought on the whole tract, parcel, or property, in any county in 3,356
which any portion thereof OF IT is located. The pleadings, 3,357
process, proceedings, practice, and sales, in cases arising under 3,359
such sections THIS CHAPTER, except as provided in such sections 3,361
THIS CHAPTER, shall be the same as in an action for the 3,363
enforcement of the state's lien for delinquent general taxes upon 3,364
real estate.
All sales of lands made under this section shall be by the 3,366
sheriff as provided by law. All sheriff's deeds executed and 3,367
delivered pursuant to sections 6101.01 to 6101.84 of the Revised 3,368
Code, THIS CHAPTER shall have the same probative force as other 3,369
deeds executed by a sheriff. Abbreviations shall not defeat the 3,371
action. The title acquired through any sale of lands or other 3,372
property under such proceedings shall be subject to the lien of 3,373
all subsequent annual installments of conservation or drainage 3,374
tax or AN assessment. 3,375
In all suits ACTIONS for the collection of delinquent taxes 3,377
or assessments, the judgment for said THE delinquent taxes or 3,379
assessments and penalty and interest shall also include all costs 3,380
of suit and a reasonable attorney's fee to be fixed by the court, 3,381
recoverable the same as the delinquent tax and in the same suit 3,382
ACTION. 3,383
The proceeds of sales made under and by virtue of such 3,385
sections THIS CHAPTER shall be paid at once to the county 3,386
treasurer and shall be properly credited and accounted for by him 3,388
THE TREASURER the same as other conservation taxes and 3,389
assessments.
If any assessment made pursuant to such sections THIS 3,391
CHAPTER is invalid, the board shall, by subsequent or amended 3,392
acts or proceedings, SHALL promptly remedy all defects or 3,393
73
irregularities as the case requires by making and providing for 3,395
the collection of new assessments or otherwise. 3,396
Sec. 6101.61. Whenever, under sections 6101.01 to 6101.84, 3,405
inclusive, of the Revised Code THIS CHAPTER, the board of 3,406
directors of a conservancy district has determined, ordered, and 3,408
levied an annual levy in accordance with section 6101.55 of the 3,409
Revised Code, the board shall certify to the governing or taxing 3,410
body of each political subdivision assessed, a notice and 3,411
statement of such THE annual levy, setting forth the total amount 3,412
payable by such THE political subdivision and included in such 3,414
THE annual levy, and the items making up such THE total. Said 3,416
THE governing or taxing body shall receive and file said THE 3,418
notice and shall promptly take all the legal and necessary steps 3,419
to provide for the payment of such THE annual levy. Said THE 3,420
governing or taxing body shall include the amount of such THE 3,422
annual levy in the tax budget for the ensuing year and shall levy 3,423
and assess a tax at a uniform rate upon all the taxable property 3,424
within the political subdivision so as to provide sufficient 3,425
funds for the payment of such THE annual levy after deduction of 3,426
any portion thereof OF THE LEVY paid from other sources, and 3,428
certify such THE tax to the county auditor. The proceeds of such 3,429
THE tax when received by such THE political subdivision shall be 3,430
deemed to be appropriated for the payment of such THE annual 3,431
levy. The auditor shall receive the certificate of such THE tax 3,433
levy and certify the same LEVY for collection to the county 3,434
treasurer, who shall collect the same, all LEVY. ALL of said THE 3,436
officers being MENTIONED IN THIS SECTION ARE authorized and 3,438
directed to take all the necessary steps for the levying,
collection, and distribution of such THE tax. 3,439
This section does not prevent the assessment of the real 3,441
estate of other corporations or persons situated within such THE 3,442
political subdivisions which may be subject to assessment for 3,444
special benefits to be received. 3,445
In the event of any dissolution or disincorporation of any 3,447
74
conservancy district organized pursuant to sections 6101.01 to 3,448
6101.84, inclusive, of the Revised Code, such UNDER THIS CHAPTER, 3,449
THE dissolution or disincorporation shall not affect the lien of 3,451
any assessment for the benefits imposed pursuant to such sections 3,452
THIS CHAPTER, or the liability of any land or of any public 3,454
corporation in such THE district to the levy of any future 3,456
assessments for the purpose of paying the principal and interest 3,457
of any bonds issued under such sections THIS CHAPTER. In the 3,459
event of any such dissolution or disincorporation, or in the 3,460
event of any failure on the part of the officers of any district 3,461
to qualify and act, or in the event of any resignations or 3,462
vacancies in office, which prevent action by said THE district or 3,463
by its proper officers, the county auditor and all other officers 3,464
charged in any manner with the duty of assessing, levying, and 3,465
collecting taxes for public purposes in any county, municipal 3,466
corporation, or political subdivision in which such THE lands are 3,468
situated shall perform all acts which THAT are necessary to the 3,470
collection of any such assessment which has OF THE ASSESSMENTS 3,471
THAT HAVE been imposed and to the levying, imposing, and 3,474
collecting of any assessment which THAT it is necessary to make 3,476
for the purpose of paying the principal and interest of such THE 3,477
bonds. Any holder of any bonds issued pursuant to sections 3,478
6101.01 to 6101.84, inclusive, of the Revised Code, THIS CHAPTER 3,479
or any person or officer who is a AN INTERESTED party interest 3,480
may either, by suit, action, or mandamus, enforce and compel 3,482
performance of the duties required by such sections THIS CHAPTER 3,484
of any of the officers or persons mentioned in such sections THIS 3,486
CHAPTER.
Sec. 6101.65. If any county treasurer or other person 3,495
entrusted with the collection of assessments fails to make prompt 3,496
payment of the tax ASSESSMENTS, or any part thereof OF THEM, WHEN 3,498
collected under sections 6101.01 to 6101.84, inclusive, of the 3,499
Revised Code, THIS CHAPTER to the treasurer of the conservancy 3,501
district upon his THE presentation of a proper demand, he THE 3,502
75
COUNTY TREASURER OR OTHER PERSON shall forfeit ten per cent on 3,503
the amount of his THE delinquency. Such THE forfeiture shall at 3,504
once become due and payable, and both he THE COUNTY TREASURER OR 3,505
OTHER PERSON and his THE sureties OF THE COUNTY TREASURER OR 3,507
OTHER PERSON shall be liable therefor FOR THE FAILURE on his THE 3,509
official bond OF THE COUNTY TREASURER OR OTHER PERSON. The 3,510
county treasurer shall retain for his THE TREASURER'S services 3,511
one per cent of the amount he THE TREASURER collects on
delinquent taxes ASSESSMENTS. 3,512
Sec. 6101.67. Each member of the board of directors of a 3,521
conservancy district and each member of the board of appraisers 3,522
of a conservancy district shall receive a sum established by the 3,523
court, but not to exceed fifty dollars a day, and his necessary 3,524
expenses for the time actually employed in performing his 3,525
OFFICIAL duties. Such THE compensation and expenses shall be 3,527
paid only upon itemized statements therefor submitted and 3,528
certified to by the individual member. 3,529
Before any duties devolve upon a county auditor or a county 3,531
treasurer under sections 6101.01 to 6101.84, inclusive, of the 3,532
Revised Code, the board of directors shall consult them and agree 3,534
upon the salaries for the extra clerical force required in their 3,535
respective offices to carry out the requirements of the law by 3,536
reason of the establishment of said district. The board of 3,538
directors shall provide for and pay said salaries to said clerks 3,539
while engaged in the work of the district. Such clerks shall be 3,540
selected and appointed by each of said county officers for their 3,542
respective offices. In case of disagreement as to the
compensation of such extra clerical force, the matter shall be 3,544
referred to the court of common pleas of the county concerned for
its determination. 3,545
Sec. 6101.68. The same land, if conducive to public 3,554
health, safety, convenience, or welfare, may be included in more 3,555
than one conservancy district and be subject to sections 6101.01 3,556
to 6101.84, inclusive, of the Revised Code, THIS CHAPTER for each 3,557
76
district in which it may be included. No district shall be 3,559
organized under such sections THIS CHAPTER in whole or in part 3,560
within the territory of a district already organized under such 3,562
sections THIS CHAPTER until the court determines whether the 3,563
public health, safety, convenience, or welfare demand the 3,564
organization of an additional district, or whether it demands 3,565
that the territory proposed to be organized into an additional 3,566
district shall be added to the existing district. If the 3,567
proceedings concerning two or more such districts are before the 3,568
court of common pleas of two or more counties, such THAT 3,569
determination shall be as provided in section 6101.69 of the 3,571
Revised Code.
Sec. 6101.69. In case IF any conservancy district is being 3,580
organized within, or partly within and partly without, the same 3,581
territory in which some other district has been or is being 3,582
organized, one judge of the court of common pleas of each county 3,583
in which such THE districts have been or are being organized 3,584
shall confer at the earliest convenient moment after they 3,585
ascertain the possibility of a conflict in jurisdiction, the 3,586
sitting to be had in the county having the largest assessed 3,587
valuation in the proposed district. 3,588
At such THE conference, the several judges shall determine 3,590
to what extent the several districts should be consolidated or to 3,592
what extent the boundaries should be adjusted in order to most 3,593
fully carry out the purposes of sections 6101.01 to 6101.84, 3,594
inclusive, of the Revised Code THIS CHAPTER. Such THE judges 3,596
shall by suitable orders make such THE determination effective. 3,598
If notices have been issued or jurisdiction acquired in any 3,600
proceeding concerning territory which is transferred to the court 3,601
of common pleas of another county, such notice THE NOTICES shall 3,602
not become void, and jurisdiction so acquired shall not be lost; 3,604
but, in each case, the court acquiring jurisdiction over such THE 3,606
transferred territory shall hold the same without further notice, 3,607
as if originally embraced in said THE district. At such THE 3,608
77
conference, the decision of the majority of the judges shall be 3,610
necessary for the determination of any matter, and, from such THE 3,611
decision, or from a failure to decide, appeal may be taken. 3,613
This section and section 6101.68 of the Revised Code do not 3,615
operate to delay or to interrupt any proceeding under sections 3,616
6101.01 to 6101.84, inclusive, of the Revised Code THIS CHAPTER, 3,617
until the question of jurisdiction has been finally determined by 3,618
the courts. 3,619
Sec. 6101.70. (A) If two or more conservancy districts 3,628
have been organized in a territory which, in the opinion of the 3,629
board of directors of the conservancy district of any one of the 3,630
districts, should constitute only one district, the board of any 3,631
one of the districts may petition the court for an order uniting 3,632
those districts into a single district. The petition shall be 3,633
filed in the office of the clerk of the court of common pleas of 3,634
that county that has the greatest valuation of real property 3,635
within the districts sought to be included, as shown by the tax 3,636
duplicates of the respective counties. The petition shall set 3,637
forth the necessity for the union of the two or more districts 3,638
and that the union of the districts would be conducive to the 3,639
public health, convenience, safety, or welfare and to the 3,640
economical execution of the purposes for which the districts were 3,641
organized. Upon receipt of the petition, the clerk shall give 3,642
notice by publication or by personal service to the boards of the 3,643
districts which THAT it is desired to unite with the district of 3,644
the petitioners. Such THE notice shall contain the time and 3,646
place where the hearing on the petition will be had and the 3,648
purpose of the same HEARING. The hearing shall be had in 3,649
accordance with sections 6101.01 to 6101.84 of the Revised Code, 3,651
THIS CHAPTER as for an original hearing. If, after the hearing, 3,653
the court finds that the averments of the petition are true and 3,655
that the districts, or any of them, should be united, it shall so 3,656
order, and thereafter those districts shall be united into one 3,657
and proceed as such ONE. The court shall designate the corporate 3,658
78
name of the united district, and such further proceedings shall 3,659
be taken as are provided for in sections 6101.01 to 6101.84 of 3,660
the Revised Code THIS CHAPTER. In accordance with division (A) 3,661
or (B) of section 6101.10 of the Revised Code, as applicable, the 3,662
court shall direct in the order who shall be the members of the 3,663
board of the united district, who shall thereafter have such THE 3,664
powers and be subject to such THE regulations as are provided for 3,665
the board in districts created in the first instance. 3,667
(B) All legal proceedings already instituted by or against 3,669
any of the constituent districts united into a single district 3,670
under division (A) of this section may be revived and continued 3,671
against the united district by an order of court substituting the 3,672
name of the united district for the constituent district, and 3,673
such THOSE proceedings shall then proceed as provided in sections 3,675
6101.01 to 6101.84 of the Revised Code THIS CHAPTER. 3,676
(C) Instead of organizing a new district from the 3,678
constituent districts, the court may do one of the following: 3,679
(1) Direct that one or more of the districts described in 3,681
the petition be included into another of the districts, which 3,682
other district shall continue under its original corporate name 3,683
and organization, unless the resulting district includes all or 3,684
parts of more than sixteen counties, in which case the court 3,685
shall appoint two additional members whose appointments and terms 3,686
of office shall comply with the requirements established in 3,687
division (C) of section 6101.10 of the Revised Code; 3,688
(2) Direct that the districts absorbed as described in 3,690
division (C)(1) of this section shall be represented on the board 3,691
of the original district, designating what members of the board 3,692
of the original district shall be retired from the new board and 3,693
what members representing the included districts shall take their 3,694
places, except that, if the resulting district includes all or 3,695
parts of more than sixteen counties, the court also shall appoint 3,696
two additional members whose appointments and terms of office 3,697
shall comply with the requirements established in division (C) of 3,698
79
section 6101.10 of the Revised Code; 3,699
(3) Direct that the included districts shall become 3,701
subdistricts of the main district. 3,702
(D) If the districts sought to be united were organized in 3,704
different counties, then the court to determine the question 3,705
involved shall consist of one judge from each of the counties in 3,706
the court of which one of the districts was organized, and a 3,707
majority shall be necessary to render a decision. From such a 3,708
THE decision, or from a failure to decide, any interested 3,709
property owner may appeal. No action under this section shall 3,711
interrupt or delay any proceeding under sections 6101.01 to 3,712
6101.84 of the Revised Code THIS CHAPTER, until the questions 3,713
involved are finally determined. 3,714
Sec. 6101.71. Whenever it is desired to construct 3,723
improvements wholly within, or partly within and partly without, 3,724
any conservancy district, which improvements will affect only a 3,725
part of said THE district, for the purpose of accomplishing such 3,726
work, subdistricts may be organized upon petition of the owners 3,728
of real property, or the governing body of any political 3,729
subdivision or watershed district created under section 6105.02 3,730
of the Revised Code, within, or partly within and partly without, 3,732
the district, or upon petition of the board of directors of the 3,733
district. Such THE petition shall fulfill the same requirements 3,734
concerning the subdistricts as the petition outlined in section 3,735
6101.05 of the Revised Code is required to fulfill concerning the 3,737
organization of the main district, and shall be filed with the 3,738
clerk of the same court of common pleas, and shall be accompanied 3,739
by a bond as provided for in section 6101.06 of the Revised Code. 3,740
All proceedings relating to the organization of such THE 3,741
subdistricts shall conform to sections 6101.01 to 6101.84, 3,742
inclusive, of the Revised Code, THE PROVISIONS OF THIS CHAPTER 3,743
relating to the organization of districts, except that it shall 3,745
not be necessary for the court to hold a preliminary meeting. 3,746
The judge determining that a sufficient petition has been filed 3,747
80
shall forthwith set a date for hearing, which shall be held not 3,748
later than sixty days after the filing of the petition, and shall 3,749
give notice thereof OF THE HEARING to the court of common pleas 3,751
of each county included in whole or in part in the main district. 3,752
The clerk of the court shall give notice of such THE hearing by 3,753
publication in the counties included in whole or in part within 3,755
the proposed subdistrict SUBDISTRICTS. Whenever the court by its 3,757
order entered of record decrees such subdistricts to be 3,758
organized, the clerk of said THE court THEN shall thereupon give 3,760
notice of such THE order to the board of directors of the 3,762
conservancy district, which THEN shall thereupon act also as the 3,763
board of directors of the subdistrict SUBDISTRICTS. Thereafter, 3,764
the proceedings in reference to the subdistrict SUBDISTRICTS 3,766
shall in all matters conform to such section; THIS CHAPTER, 3,768
except that, in appraisal of benefits and damages for the 3,770
purposes of such THE subdistricts, in the issuance of bonds or 3,771
notes, in the levying of assessments or taxes, and in all other 3,772
matters affecting only the subdistrict, such sections 3,773
SUBDISTRICTS THIS CHAPTER shall apply to this EACH subdistrict as 3,774
though it were an independent district, and it shall not, in 3,775
these things, be amalgamated with the main district. 3,776
The board of directors, board of appraisers, chief 3,778
engineer, attorney, secretary of the conservancy district, and 3,779
other officers, agents, and employees of the district shall, so 3,780
far as it is necessary, serve in the same capacities for such 3,781
EACH subdistrict, and contracts and agreements between the main 3,782
district and the EACH subdistrict may be made in the same manner 3,783
as contracts and agreements between two districts. The 3,785
distribution of administrative expense between the main district 3,786
and EACH subdistrict shall be in proportion to the interests 3,787
involved and the amount of service rendered. Such THE division 3,788
shall be made by the board of directors with an appeal to the 3,790
court establishing the district. This section does not prevent 3,791
the organization of independent districts for local improvements 3,792
81
under other laws within the limits of a CONSERVANCY district 3,793
organized under sections 6101.01 to 6101.84, inclusive, of the 3,795
Revised Code THIS CHAPTER, as provided in sections 6101.68 and 3,797
6101.69 of the Revised Code.
Sec. 6101.73. Irrigation districts may be formed under 3,806
sections 6101.01 to 6101.84, inclusive, of the Revised Code, THIS 3,807
CHAPTER by a substantial compliance as near as possible with such 3,809
sections ITS PROVISIONS. No such IRRIGATION district in its 3,811
construction or operation shall, in any manner, interfere with 3,813
works for the prevention of floods, or the drainage of lands, or 3,815
materially diminish their THE WORKS' protective value. The court 3,817
organizing such THE irrigation district shall require a statement 3,818
in the petition and proof to the effect that the organization and 3,819
operation of the same IRRIGATION DISTRICT will not materially 3,820
interfere with any works or plans for flood prevention or the 3,821
drainage or protection of lands. No improvement under such 3,822
sections THIS CHAPTER shall deprive the owners of lands lying 3,823
upon any stream of water of the ordinary flow in said THE stream 3,825
without compensation therefor. 3,826
Subject to this section, the board of directors has the 3,828
same powers as are conferred generally by sections 6101.01 to 3,829
6101.84, inclusive, of the Revised Code, so far THIS CHAPTER 3,830
INSOFAR as applicable. 3,831
Taxes ASSESSMENTS shall be levied and bonds issued as 3,833
provided in such sections THIS CHAPTER, using the words 3,834
"Conservancy Taxes ASSESSMENTS" or "Conservancy Bonds." 3,836
Sec. 6101.74. (A) If any person or public corporation, 3,845
within or without any conservancy district, considers itself 3,846
injuriously affected in any manner by any act performed by any 3,847
official or agent of such THE district, or by the execution, 3,848
maintenance, or operation of the official plan, and if no other 3,849
method of relief is offered under sections 6101.01 to 6101.84, 3,850
inclusive, of the Revised Code THIS CHAPTER, the remedy shall be 3,851
as follows:
82
(1) The person or public corporation considering itself to 3,853
be injuriously affected shall petition the court before which 3,854
said THE district was organized for an appraisal of damages 3,856
sufficient to compensate for such THE injuries. The 3,857
(2) THE court shall thereupon direct the board of 3,860
appraisers of the conservancy district to appraise said THE 3,861
damages and injuries, and to make a report to the court on or 3,863
before the time named in the order of the court. Upon
(3) UPON the filing of said THE report of the board of 3,866
appraisers, the court shall cause notice to be given to NOTIFY 3,867
the petitioner and to the board of directors of the conservancy 3,869
district of a hearing on said THE report. At the time of such 3,870
THE HEARING, the court shall consider the report of the board of 3,872
appraisers, and may ratify said THE report or amend it as the 3,873
court deems CONSIDERS equitable, or may return it to the board of 3,875
appraisers and require it to prepare a new report. Upon 3,876
(4) UPON the filing of an order of the court approving 3,878
said THE report of the board of appraisers, with such 3,879
modifications as it has made, said THE order constitutes a final 3,881
adjudication of the matter unless it is appealed from within 3,883
twenty days. Appeal to a jury from said THE order may be had by 3,884
the petitioner, by the board of directors, or by any person or 3,886
public corporation which THAT has been assessed for the costs of 3,887
the district. No 3,888
(B) NO damages shall be allowed under this section which 3,891
THAT would not otherwise be allowed in law. NOTHING IN THIS 3,892
SECTION SHALL BE CONSTRUED AS EXPRESSLY IMPOSING ANY LIABILITY 3,893
UPON A CONSERVANCY DISTRICT.
Sec. 6101.77. The performance of all duties prescribed in 3,902
sections 6101.01 to 6101.84, inclusive, of the Revised Code, THIS 3,903
CHAPTER concerning the organization and administration or 3,904
operation of the conservancy district may be enforced against any 3,905
officer thereof OF THE DISTRICT by mandamus at the instance of 3,906
the board OF DIRECTORS OF THE DISTRICT or of any person or public 3,908
83
corporation interested in any way in such THE district. The 3,909
board of directors of the conservancy district may institute 3,910
court proceedings to enforce compliance by any person or public 3,911
corporation with any order of the board of directors of the 3,912
conservancy district. The board may institute such THOSE 3,913
proceedings in the court of appeals in the first instance. 3,914
Sec. 6101.78. In any case where IF a notice and hearing by 3,923
the court are provided for in sections 6101.01 to 6101.84, 3,924
inclusive, of the Revised Code THIS CHAPTER, the court shall, 3,925
prior to the conclusion of the hearing, examine the form of the 3,927
notice and all evidence relating to the giving of such THE notice 3,928
and, if the court finds for any reason that due notice was not 3,929
given in whole or in part, whether by reason of noncompliance 3,930
with any of the requirements of said sections THIS CHAPTER or 3,931
with any applicable constitutional requirements, the court shall 3,932
not thereby lose jurisdiction, and the proceeding in question 3,933
shall not thereby be void; but the court shall in that case order 3,934
notice to be given in compliance with the requirements of said 3,935
sections THIS CHAPTER to the parties to whom due notice was not 3,936
given or the court shall order the giving of such other and 3,937
further notice as the court shall prescribe to comply with any 3,938
applicable constitutional requirements, and shall continue the 3,939
hearing until such THE time as such WHEN THE notice is properly 3,941
given, and thereupon THEN shall proceed as though notice had been 3,942
properly given in the first instance.
In case any appraisal, assessment, or levy is held void for 3,944
want of legal notice, whether by reason of noncompliance with any 3,945
of the requirements of sections 6101.01 to 6101.84, inclusive, of 3,946
the Revised Code, THIS CHAPTER or with any applicable 3,947
constitutional requirements, or in case the board of directors of 3,949
the conservancy district determines that any notice with 3,950
reference to any land or public corporation is faulty for one of 3,951
the same reasons, then the board may file a motion in the 3,952
original cause asking that the court order such THAT THE notice 3,953
84
as may be required by said sections THIS CHAPTER or any 3,955
applicable constitutional requirements to be given to the owner 3,956
of such THE land or to such THE public corporation and set a time 3,958
for hearing as provided in such sections THIS CHAPTER, and, upon 3,960
the granting of such THE motion and the giving of such THE 3,961
notice, the court thereupon THEN shall proceed as though notice 3,962
had been properly given in the first instance. If the original 3,963
notice was faulty only with reference to certain public 3,964
corporations or tracts, only such THE public corporations or the 3,965
owners of and persons interested in those particular tracts need 3,966
be notified by such THE subsequent notice. If the publication of 3,967
any notice in any county was defective or not made in time, 3,969
republication of the defective notice is necessary only in the 3,970
county in which the defect occurred. 3,971
Sec. 6101.79. All cases in which there arises a question 3,980
of the validity of the organization of conservancy districts 3,981
shall be advanced as a matter of immediate public interest and 3,982
concern, and heard in all courts at the earliest practicable 3,983
moment.
The court shall be open at all times for the purposes of 3,985
sections 6101.01 to 6101.84, inclusive, of the Revised Code THIS 3,986
CHAPTER. 3,987
Sec. 6101.80. Sections 6101.01 to 6101.84, inclusive, of 3,996
the Revised Code THIS CHAPTER shall be liberally construed to 3,997
effect the control, conservation, and drainage of the waters of 3,999
this state.
Sec. 6101.84. The following forms illustrate the character 4,008
of the procedure contemplated by sections 6101.01 to 6101.84 of 4,009
the Revised Code THIS CHAPTER, and, if substantially complied 4,011
with, those things being changed which should be changed to meet 4,012
the requirements of the particular case, such procedure shall be 4,013
held to meet the requirements of such sections THIS CHAPTER. 4,014
(A) Form of Notice of Hearing on the Petition: 4,016
"To all Persons and Public Corporations Interested: 4,018
85
Public Notice is Hereby Given: 4,020
(1) That on the ...... day of .........., 19...., pursuant 4,022
to the Conservancy Law of Ohio, there was filed in the office of 4,023
the Clerk of the Court of Common Pleas of ........... County, 4,024
Ohio, the petition of ............ and others for the 4,025
establishment of a Conservancy District to be known as .......... 4,026
Conservancy District. 4,027
(Here insert the purposes) 4,029
(2) That the lands sought to be included in said District 4,031
comprise lands in .......... and .......... Counties, Ohio, 4,032
described substantially as follows: 4,033
Beginning on the north line of .......... County at its 4,035
point of intersection with the west bank of the .......... River; 4,036
thence west along the north line of .......... County to the high 4,037
bluffs facing said .......... River on the west; thence following 4,038
the base of the line of said bluffs to the north line of the 4,039
right of way of the .......... Railroad; thence west along the 4,040
north right of way line of said Railroad to the center line of 4,041
........... Avenue in the Village of ..........; thence south 4,042
along the center line of .......... Avenue to the .......... 4,043
Pike; thence southeasterly along the .......... Pike to the 4,044
southeasterly line of the right of way of the .......... 4,045
Railroad; thence southeasterly along said right of way line to 4,046
the corporate limits of the City of ..........; thence with said 4,047
corporation line southerly, easterly, and northerly to the 4,048
southerly right of way line of the main track of the .......... 4,049
Railroad; thence easterly along said last named right of way line 4,050
to the boundary line between .......... Counties; thence north 4,051
along said County line to the southerly line of .......... 4,052
County; thence easterly along the dividing line between 4,053
.......... Counties to the easterly line of the right of way of 4,054
the .......... Railroad; thence northerly along said right of way 4,055
line to its intersection with the .......... Pike; thence 4,056
westerly along said Pike to the center line of the bridge over 4,057
86
.......... Creek; thence up said Creek and along the center line 4,058
thereof to the north line of .......... County; thence west to 4,059
the place of beginning. 4,060
Or, if found more convenient, the lands sought to be 4,062
included in the District may be described as follows: 4,063
All of Township .......... in Range ...... between the 4,065
.......... Railroad and the .......... River; the following lands 4,066
in .......... Township and ...... Range; Section ...... and the 4,067
...... half of Section ......; also all lands within the 4,068
corporate limits of the City of .......... etc. 4,069
(3) That a public hearing on said petition will be had in 4,071
said Court on ....... the ...... day of ........, ...., at the 4,072
hour of ...... o'clock .....M. by the Court of Common Pleas of 4,073
.......... County, at the Courthouse in the City of .......... 4,074
County, Ohio.
All persons and public corporations interested will be 4,076
given the opportunity to be heard at the time and place above 4,077
specified. 4,078
................................... 4,080
Clerk of the Court of Common Pleas 4,081
of .................. County, Ohio. 4,082
Dated .........., Ohio, .............., 19...." 4,085
(B) Form of Finding on Hearing: 4,087
"State of Ohio, ) 4,089
) ss. 4,090
.......... County ) 4,091
In the Court of Common Pleas of .......... County. In 4,093
Matter of .......... Conservancy District: 4,094
FINDINGS AND DECREE ON HEARING 4,095
On this ...... day of ........, 19...., this cause coming 4,097
on for hearing upon the petition of .......... and others, for 4,098
the organization of a Conservancy District under the Conservancy 4,099
Law of Ohio, the Court, after a full hearing now here finds: 4,100
(1) That it has jurisdiction of the parties to and the 4,102
87
subject matter of this proceeding. 4,103
(2) That the purposes for which said District is 4,105
established are: 4,106
(Insert the purposes) 4,107
And that it is a public necessity. 4,109
(3) That the public safety, health, convenience, and 4,111
welfare will be promoted by the organization of a Conservancy 4,112
District substantially as prayed in said petition (if additional 4,113
lands are added by petition) except, that the following 4,114
additional lands at the petition of the owners thereof should be 4,115
and hereby are included in said District: 4,116
(Here insert additional lands) 4,117
(4) That the boundaries of said District as modified by 4,119
the last finding herein are as follows: (Here insert corrected 4,120
boundaries of district) 4,121
(5) That the said territory last above described should be 4,123
erected into and created a Conservancy District under the 4,124
Conservancy Law of Ohio under the corporate name of ............ 4,125
Conservancy District. 4,126
Wherefore, it is by the Court ordered, adjudged, and 4,128
decreed: 4,129
That the territory as above described be, and the same 4,131
hereby is erected into and created a Conservancy District under 4,132
the Conservancy Law of Ohio under the corporate name of ......... 4,133
Conservancy District, with its office or principal place of 4,134
business at .........., in .......... County, Ohio. (If 4,135
directors are appointed at the same time) And the following 4,136
persons are hereby appointed directors of said Conservancy 4,137
District: 4,138
..............., for the term of three years, 4,140
..............., for the term of four years (if the 4,142
district includes all or parts of more than sixteen counties), 4,143
..............., for the term of five years, 4,145
..............., for the term of six years (if the district 4,147
88
includes all or parts of more than sixteen counties), 4,148
..............., for the term of seven years, who are 4,150
hereby directed to qualify and proceed according to law. 4,151
(6) For consideration of other matters herein, this cause 4,153
is retained on the docket. 4,154
.............................. 4,155
Judge" 4,156
(C) Form of Notice to Persons and Public Corporations to 4,159
pay Assessment: 4,160
"To all Persons and Public Corporations Interested: 4,162
Public Notice is Hereby Given: 4,164
(1) That on the ...... day of ........, 19...., the Board 4,166
of Directors of The .......... Conservancy District duly levied 4,167
an assessment upon all the benefited property and public 4,168
corporations in said District in the aggregate sum of $........., 4,169
has caused the same to be recorded upon the Assessment Record of 4,170
said District, and that said Assessment Record is now on file in 4,171
the office of the District at ............ 4,172
(2) That the assessment against any parcel of land or any 4,174
public corporation may be paid to the Treasurer of The .......... 4,175
Conservancy District at any time on or prior to .........., 19 4,176
...., without costs and without interest, and if so paid a 4,178
discount of ten per cent of the assessment will be allowed 4,179
according to law.
(3) That as soon after the ..... day of ........, 19...., 4,181
as conveniently may be, the Board of Directors of said District 4,182
will divide the uncollected assessment into convenient 4,183
installments, provide for the collection of interest on the 4,184
unpaid installments, and will issue bonds bearing interest not 4,185
exceeding the rate provided in section 9.95 of the Revised Code 4,186
in anticipation of the collection of the several installments of 4,187
said assessment pursuant to the Conservancy Law of Ohio. 4,188
.............................. 4,189
President 4,191
89
.............................. 4,193
Secretary" 4,195
(D) Form of Bond and of Coupon: 4,198
(Form of Bond) 4,199
"No. ......................... $ ............................ 4,201
UNITED STATES OF AMERICA 4,204
State of Ohio 4,205
............. Conservancy District. 4,206
Conservancy Bond. 4,207
Know all Men PERSONS by These Presents that ........... 4,209
Conservancy District, a legally organized Conservancy District of 4,210
the State of Ohio, acknowledges itself to owe and for value 4,211
received hereby promises to pay to bearer ........ Dollars 4,212
($........) on the first day of ........, 19...., with interest 4,213
thereon from the date hereof until paid at the rate of ...... per 4,214
cent per annum, payable ........, 19...., and semiannually 4,215
thereafter on the first day of ........ and of ........ in each 4,216
year on presentation and surrender of the annexed interest 4,217
coupons as they severally become due. Both principal and 4,218
interest of this bond are hereby made payable in lawful money of 4,219
the United States of America, at the office of the Treasurer of 4,220
State, in the City of Columbus, Ohio. 4,221
This bond is one of a series of bonds issued by ........... 4,223
Conservancy District for the purpose of paying the cost of 4,224
constructing a system of flood prevention (or for the other 4,225
works) for said District and in anticipation of the collection of 4,226
the several installments of an assessment duly levied upon lands 4,227
and public corporations within said District and benefited by 4,228
said improvement in strict compliance with the Conservancy Law of 4,229
Ohio, and pursuant to an order of the Board of Directors of said 4,230
District duly made and entered of record. 4,231
And it is hereby certified and recited that all acts, 4,233
conditions, and things required to be done in locating and 4,234
establishing said District and in equalizing appraisals of 4,235
90
benefits and in levying assessments against lands and public 4,236
corporations benefited thereby, and in authorizing, executing, 4,237
and issuing this bond, have been legally had, done, and performed 4,238
in due form of law; that the total amount of bonds issued by said 4,239
District does not exceed ninety per cent of the assessments so 4,240
levied and unpaid at the time said bonds are issued or any legal 4,241
limitation thereof. 4,242
And for the performance of all the covenants and 4,244
stipulations of this bond and of the duties imposed by law upon 4,245
said District for the collection of the principal and interest of 4,246
said assessments and the application thereof to the payment of 4,247
this bond and the interest thereon, and for the levying of such 4,248
other and further assessments as are authorized by law and as may 4,249
be required for the prompt payment of this bond and the interest 4,250
thereon, the full faith, credit, and resources of said .......... 4,251
Conservancy District are hereby irrevocably pledged. 4,252
In Testimony Whereof the Board of Directors of ............ 4,254
Conservancy District has caused this bond to be signed by its 4,255
President and sealed with the corporate seal of said District, 4,256
attested by its Secretary, and registered by the Treasurer of 4,257
State, and the coupons hereto annexed to be executed by the 4,258
facsimile signatures of said President and Secretary, as of the 4,259
............ day of ................, 19..... 4,260
.............................. 4,261
President 4,262
Attest: 4,263
........................ 4,264
Secretary" 4,266
(Form of Coupon) 4,268
"$....................... 4,270
(..........) 4,272
On the first day of ( ) 19,.... 4,273
(..........) 4,274
.................... Conservancy District promises to pay 4,276
91
to bearer ................ Dollars ($..........) lawful money of 4,277
the United States of America, at the office of the Treasurer of 4,278
State, Columbus, Ohio, being semiannual interest due on that date 4,279
on its Conservancy Bond dated ................, 19..... 4,280
.............................. 4,281
President 4,282
No. .................... 4,285
........................ 4,287
Secretary" 4,289
(E) Form of Notice of Enlargement of District: 4,291
"State of Ohio, ) 4,293
) ss. 4,294
County of ............. ) 4,295
In the Court of Common Pleas, 4,297
................ County, Ohio. 4,299
In the Matter of 4,301
.................. Conservancy District 4,303
NOTICE OF ENLARGEMENT OF DISTRICT 4,305
To All Persons (and Public Corporations, if any) 4,307
Interested:
Public Notice Is Hereby Given: 4,309
(1) That heretofore on the ...... day of .........., 4,312
19...., the Court of Common Pleas of ................ County,
Ohio, duly entered a final decree erecting and creating 4,313
................ Conservancy District and appointing a Board of 4,314
Directors therefor. 4,315
(2) That thereafter this Court duly appointed 4,317
........................ 4,319
........................ 4,321
........................ 4,323
........................ (if the district includes all or 4,325
parts of more than sixteen counties) 4,326
........................ (if the district includes all or 4,328
parts of more than sixteen counties) 4,329
92
to be the Board of Appraisers for said District. That said 4,331
Board of Appraisers on the ........ day of ............, 19...., 4,332
filed its report recommending that the following described lands, 4,334
not originally included in the District, be added thereto: 4,335
(Here describe generally the lands which the Report of the 4,337
Board of Appraisers recommends should be added to the District). 4,338
(3) That on ........, the ........ day of .............., 4,340
19...., (or as soon thereafter as the convenience of the Court 4,341
will permit), at the Courthouse in ............ of 4,342
.............., Ohio, the Court of Common Pleas of 4,343
.................. County, Ohio, will hear all persons and public 4,344
corporations interested upon the question whether said lands 4,345
should be added to and included in said .................... 4,346
Conservancy District. 4,347
................................... 4,348
Clerk of the Court of Common Pleas 4,349
of ........................ County,
Ohio" 4,350
(F) Form of Notice of Hearing on Appraisals: 4,353
"State of Ohio, ) 4,355
) ss. 4,356
County of .............. ) 4,357
In the Court of Common Pleas, ........... County, Ohio. 4,359
In the Matter of ) 4,361
) 4,362
......... Conservancy District ) 4,363
NOTICE OF HEARING ON APPRAISALS 4,365
To all Persons and Public Corporations Interested: 4,367
Public Notice Is Hereby Given: 4,369
(1) That heretofore on the ........ day of ............., 4,371
19...., the Court of Common Pleas of ................ County, 4,372
Ohio, duly entered a decree erecting and creating ............... 4,373
Conservancy District and appointing a Board of Directors 4,374
therefor. 4,375
93
(2) That thereafter this Court duly appointed 4,377
................................................................. 4,378
the Board of Appraisers for said District. That said Board of 4,379
Appraisers on the ........ day of ................, 19...., filed 4,380
its Appraisals of Benefits and Damages and of land to be taken as 4,381
follows: (Here insert general description of land appraised) 4,382
The said appraisal of benefits and damages and of land to 4,384
be taken is now on file in the office of the clerk of this court. 4,385
(3) All public corporations and all persons, owners of or 4,387
interested in the property described in said Report, whether as 4,388
benefited property or as property taken and damaged (whether said 4,389
taken or damaged property lies within or without said District), 4,390
desiring to contest the appraisals as made and returned by the 4,391
Board of Appraisers, must file their objections in said court on 4,392
or before the ........ day of ................, 19...., (here 4,393
insert a date thirty days after the last publication of the 4,394
notice) and a hearing on said appraisal will be had on the 4,395
........ day of ................, 19...., (here insert a date not 4,396
less than forty, nor OR more than fifty, days after the date of 4,397
the last publication of this notice, as fixed by the court) in 4,398
the City of .................., Ohio, at which time an 4,399
opportunity will be afforded all objectors to be heard upon their 4,400
several objections. 4,401
................................... 4,403
Clerk of the Court of Common Pleas 4,405
of ................... County, Ohio
Dated at the City of .................., Ohio, this ....... 4,408
day of .................., 19....." 4,409
(G) Form of Certificate of Assessment Record: 4,411
"This is to Certify: 4,413
(1) That on the ........ day of ................, 19...., 4,415
the Board of Directors of The .................. Conservancy 4,416
District duly levied an assessment upon all the benefited 4,417
property and public corporations in said District in the 4,418
94
aggregate sum of $............, together with interest, and duly 4,419
apportioned said assessment to and levied said assessment upon 4,420
each tract of land or other property and each public corporation 4,421
in said District in proportion to the benefits thereto. 4,422
(2) That the said assessment and the apportionment thereof 4,424
upon the benefited lands and public corporations have been 4,425
recorded in the Conservancy Assessment Record of The 4,426
.................. Conservancy District which contains in tabular 4,427
form A notation of the items of property and the public 4,428
corporations to which benefits have been appraised, the total 4,429
amount of benefits appraised against each item or public 4,430
corporation, and the total assessment levied against each item or 4,431
public corporation.
(3) That the Conservancy Assessment Record of The 4,433
................ Conservancy District contains a true and correct 4,434
record of the benefits approved and confirmed by the Court and of 4,435
the assessment levied by the Board of Directors thereof on 4,436
........ day of ............, 19..... 4,437
IN WITNESS WHEREOF, the President and Secretary, 4,439
respectively, of the Board of Directors of The ................ 4,440
Conservancy District have hereunto set their hands and the 4,441
corporate seal of the said District this ........ day of 4,442
............, 19..... 4,443
................................... 4,444
President 4,445
................................... 4,446
Secretary" 4,447
(H) Form of Certificate of Annual Levy: 4,449
"This is to Certify: 4,451
(1) That on the ........ day of ............, 19...., the 4,453
Board of Directors of The ................ Conservancy District 4,454
determined, ordered, and levied the Annual Levy of 19.... (YEAR) 4,456
upon all the benefited property and public corporations in said 4,457
District in the aggregate sum of $................ for the 4,458
95
account of the Bond Retirement Fund of said District and pursuant 4,459
to and being a part of assessments heretofore levied. 4,460
(2) That the said Board of Directors has duly apportioned 4,462
said Annual Levy to all of the benefited properties and public 4,463
corporations in said District and that the respective amounts of 4,464
said Annual Levy imposed upon the benefited properties and public 4,465
corporations have been recorded in the Conservancy Assessment 4,466
Book RECORD of The ................ Conservancy District, which 4,467
contains a schedule thereof. 4,468
(3) That on the ........ day of ............, 19...., the 4,470
Board of Directors of The ................ Conservancy District 4,471
duly levied a maintenance assessment for the year 19...., in the 4,472
aggregate sum of $............ for the account of the Maintenance 4,473
Fund of said District. That said maintenance assessment has been 4,474
duly apportioned to the benefited properties and public 4,475
corporations in said District in proportion to benefits and that 4,476
the amounts of said maintenance assessment imposed upon the 4,477
properties and public corporations in said District have been 4,478
recorded in the Conservancy Assessment Book RECORD of The 4,479
................ Conservancy District. 4,480
(4) That the Conservancy Assessment Book RECORD contains a 4,482
true and correct record of the Annual Levy of 19.... (YEAR) and 4,484
of the maintenance assessment for the year 19.... as determined, 4,485
ordered, and levied by the Board of Directors of The 4,486
................. Conservancy District on the ........ day of 4,487
............, 19..... 4,488
(5) That the said amounts of said Annual Levy and of said 4,490
maintenance assessment shall be collectible and payable in the 4,491
year 19.... in the sums specified at the same time that the state 4,492
and county taxes are due and collectibel COLLECTIBLE. 4,493
IN WITNESS WHEREOF, the President and Secretary, 4,495
respectively, of the Board of Directors of the ................ 4,496
Conservancy District have hereunto set their hands and the 4,497
corporate seal of this said District this ........ day of 4,498
96
............, 19..... 4,499
................................... 4,500
President 4,501
................................... 4,502
Secretary" 4,503
Section 2. That existing sections 5511.04, 6101.01, 4,505
6101.02, 6101.03, 6101.04, 6101.07, 6101.08, 6101.11, 6101.12, 4,506
6101.13, 6101.15, 6101.16, 6101.17, 6101.19, 6101.23, 6101.25, 4,507
6101.30, 6101.31, 6101.32, 6101.33, 6101.36, 6101.38, 6101.39, 4,509
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, 4,510
6101.54, 6101.55, 6101.57, 6101.58, 6101.59, 6101.60, 6101.61, 4,511
6101.65, 6101.67, 6101.68, 6101.69, 6101.70, 6101.71, 6101.73, 4,512
6101.74, 6101.77, 6101.78, 6101.79, 6101.80, and 6101.84 of the 4,513
Revised Code are hereby repealed.