As Passed by the House 1
CORRECTED VERSION 3
123rd General Assembly 6
Regular Session Sub. H. B. No. 617 7
1999-2000 8
REPRESENTATIVES MOTTLEY-NETZLEY-BRITTON-ALLEN-JOLIVETTE- 10
GRENDELL-SCHULER-JACOBSON-VESPER-WIDENER-HARRIS-ASLANIDES- 11
CORBIN-A. CORE-ROBERTS-TIBERI-PETERSON-BENDER-YOUNG 12
_________________________________________________________________ 13
A B I L L
To amend sections 5511.04, 6101.01, 6101.02, 15
6101.03, 6101.04, 6101.07, 6101.08, 6101.11, 16
6101.12, 6101.13, 6101.15, 6101.16, 6101.17,
6101.19, 6101.23, 6101.25, 6101.30, 6101.31, 17
6101.32, 6101.33, 6101.36, 6101.38, 6101.39, 18
6101.40, 6101.41, 6101.42, 6101.43, 6101.44,
6101.441, 6101.45, 6101.48, 6101.49, 6101.50, 20
6101.501, 6101.51, 6101.52, 6101.53, 6101.54,
6101.55, 6101.57, 6101.58, 6101.59, 6101.60, 21
6101.61, 6101.65, 6101.67, 6101.68, 6101.69, 22
6101.70, 6101.71, 6101.73, 6101.74, 6101.77,
6101.78, 6101.79, 6101.80, and 6101.84 of the 23
Revised Code to update the provisions of the
Conservancy District Law for both technical and 24
substantive purposes, including modifications to 25
notifications and other procedures relative to
appraisals, anticipatory notes, bonds, and 26
assessments.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 5511.04, 6101.01, 6101.02, 30
6101.03, 6101.04, 6101.07, 6101.08, 6101.11, 6101.12, 6101.13, 31
6101.15, 6101.16, 6101.17, 6101.19, 6101.23, 6101.25, 6101.30, 32
2
6101.31, 6101.32, 6101.33, 6101.36, 6101.38, 6101.39, 6101.40, 34
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, 35
6101.55, 6101.57, 6101.58, 6101.59, 6101.60, 6101.61, 6101.65, 36
6101.67, 6101.68, 6101.69, 6101.70, 6101.71, 6101.73, 6101.74, 37
6101.77, 6101.78, 6101.79, 6101.80, and 6101.84 of the Revised 38
Code be amended to read as follows:
Sec. 5511.04. The director of transportation may relocate 47
and for such THAT purpose construct or reconstruct such THE 49
relocated portions of all roads, highways, and streets, within, 50
leading through, or adjacent to any lands owned by a conservancy 51
district organized under sections 6101.01 to 6101.84 CHAPTER 52
6101. of the Revised Code, or lands on which any such CONSERVANCY 54
district has a flood easement, construction easement, or 56
right-of-way.
The director may co-operate COOPERATE in the construction, 58
reconstruction, improvement, repair, and maintenance of roads 59
leading from a state highway to any public park, forest preserve, 60
or recreational area, or within the boundary of any public park, 61
forest preserve, or recreational area, under the control and 62
custody of such A CONSERVANCY district. 63
The director shall confer with the board of directors of 65
any such A CONSERVANCY district upon the construction, 66
reconstruction, location, or relocation of any roads or highways 68
which THAT must be in conformity with the general engineering 70
plans of the district.
With respect to any such road improvement projects, the 72
director may, upon the terms mutually agreed between the director 74
and the board of the district, in view of the benefits to be 75
derived, enter into any contracts with such THE district as may 76
be necessary or convenient to carry out the general plans of the 78
district.
The costs of such THE improvements shall be paid in the 80
same manner as for a state highway improvement, provided the 81
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expenditures in any one year shall not exceed two hundred 82
thousand dollars. 83
This section does not derogate or limit the powers of the 85
director to add additional mileage to the state highway system. 86
This section does not derogate or limit the power and 88
authority conferred upon a district and its board by sections 89
6101.01 to 6101.84 CHAPTER 6101. of the Revised Code. 91
Sec. 6101.01. As used in sections 6101.01 to 6101.84, 100
inclusive, of the Revised Code THIS CHAPTER: 101
(A) "Publication" OR "PUBLISHED" means once a week for 103
three consecutive weeks in each of two newspapers of different 105
political affiliations if there are such newspapers, and A 106
NEWSPAPER of general circulation in the COUNTY OR counties 107
wherein such WHERE THE publication is to be made. Such 110
publication need not be made on the same day of the week in each 111
of the three weeks; but not less than fourteen days, excluding 112
the day of the first publication, shall intervene between the 113
first publication and the last publication. Publication shall be 114
complete on the date of the last publication. Where such WHEN A 115
publication is required to be made by a conservancy district or 117
its board of directors, a copy of such THE publication, certified 119
by the secretary of the conservancy district to have been 120
published in accordance with the provisions of this division of 121
section 6101.01 of the Revised Code, shall be admitted in any 122
court of this state as prima-facie evidence that such THE 123
publication has been made as herein provided for. 124
(B) "Person" means person, firm, partnership, association, 126
or corporation, other than HAS THE SAME MEANING AS IN SECTION 127
1.59 OF THE REVISED CODE. "PERSON" DOES NOT INCLUDE A county, 128
township, municipal corporation, or other political subdivision 129
OF THE STATE.
(C) "Public corporation" or "political subdivision" means 131
counties, townships, municipal corporations, school districts, 132
road districts, ditch districts, park districts, levee districts, 133
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and all other governmental agencies clothed ENTITIES VESTED with 134
the power of levying general TO LEVY ASSESSMENTS or special 136
taxes.
(D) "Court" means the court of common pleas in which the 138
petition for the organization of a conservancy district was IS 139
filed and granted, as presided over by the judges provided FOR in 141
section 6101.07 of the Revised Code. 142
(E) "Land" or "property," unless otherwise specified, 144
means real property, as "real property" THAT TERM is used in and 146
defined by the laws of this state, and embraces INCLUDES all 148
railroads, tramroads, roads, electric railroads, street and 150
interurban railroads, streets and street improvements, telephone, 151
telegraph, and transmission lines, gas, sewerage, and water 152
systems, pipe lines and rights of way of public service 153
corporations, and all other real property whether public or 154
private REAL PROPERTY.
(F) "Underground water" means any water under the surface 156
of the land or under the bed of any stream, lake, reservoir, or 157
other body of surface water. 158
(G) "Aquifer" means any underground water-bearing bed or 160
stratum of earth, gravel, sand, or porous stone having boundaries 161
that may be ascertained or reasonably inferred, in which water 162
stands, flows, or percolates. 163
Sec. 6101.02. (A) The bonds issued under sections 6101.01 172
to 6101.84, inclusive, of the Revised Code, THIS CHAPTER may be 173
called "conservancy bonds," and THE TERM shall be so engraved or 175
printed on their THE face OF THE BONDS. 176
(B) The tax books and records provided for in such 178
sections THIS CHAPTER shall be termed "conservancy books" or 180
"conservancy records," and such titles shall be printed, stamped, 183
or written thereon.
Sec. 6101.03. (A) In any orders of the court, the words 192
"The court now here finds that it hath jurisdiction of the 194
parties to and of the subject matter of this proceeding" are 195
5
equivalent to a finding that each jurisdictional fact necessary 196
to confer plenary jurisdiction upon the court, beginning with the
proper signing and filing of the initial petition to the date of 197
the order containing such THAT recital, has been scrutinized by 198
the court and has been found to meet every legal requirement 200
imposed by sections 6101.01 to 6101.84, inclusive, of the Revised 201
Code THIS CHAPTER.
(B) No other evidence of the legal hypothecation of the 203
special tax ASSESSMENTS to the payment of the bonds is required 205
than the passage of a bonding resolution by the board of 207
directors of a conservancy district and the issuance of bonds in
accordance therewith WITH THE RESOLUTION. 208
(C) In the preparation of any assessment or appraisal 210
record, the usual abbreviations employed by engineers, surveyors, 212
and abstractors may be used.
(D) Where properly to describe any parcel of land, it 214
would be necessary to use a long description, the board of 215
appraisers of a conservancy district, after locating the land 216
generally, may refer to the book and page of the public record of 218
any instrument in which the land is described, which reference
shall suffice to identify for all the purposes of such sections 219
THIS CHAPTER the land described in the public record so referred 220
to.
(E) Except as otherwise provided in section 6101.32 of the 222
Revised Code, it IT is not necessary in any notice required by 223
such sections to be published to specify the names of the owners 225
of the lands or of the persons interested therein; but, except as 226
otherwise provided in section 6101.32 of the Revised Code, any 228
such IN THE LANDS. A notice may be addressed "To All Persons or 229
Public Corporations Interested" with like effect as though such 230
THE notice named by name every owner of any lands within the 233
territory specified in the notice and, every person interested 235
therein IN THE LANDS, and every lienor, actual or inchoate, WITH 236
RESPECT TO THE LANDS.
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(F) Every district declared upon hearing to be a 238
conservancy district shall thereupon become UPON THAT DECLARATION 239
a political subdivision and a public corporation of the state, 240
invested with all the powers and privileges conferred upon such 241
CONSERVANCY districts by such sections THIS CHAPTER. 242
Sec. 6101.04. Any area or areas situated in one or more 251
counties may be organized as a conservancy district, in the 252
manner and subject to the conditions provided by sections 6101.01 253
to 6101.84, inclusive, of the Revised Code, THIS CHAPTER for any 255
of the following purposes:
(A) Preventing floods; 257
(B) Regulating stream channels by changing, widening, and 259
deepening the same STREAM CHANNELS; 260
(C) Reclaiming or filling wet and overflowed lands; 262
(D) Providing for irrigation where it may be needed; 264
(E) Regulating the flow of streams and conserving the 266
THEIR waters thereof; 267
(F) Diverting or in whole or in part eliminating 269
watercourses;
(G) Providing a water supply for domestic, industrial, and 271
public use;
(H) Providing for the collection and disposal of sewage 273
and other liquid wastes produced within the district; 274
(I) Arresting erosion along the Ohio shore line of Lake 276
Erie.
This section does not terminate the existence of any 278
district organized prior to July 19, 1937, entirely within a 279
single county.
The purposes of a district may be altered by the same 281
procedure as provided for the establishment of such a THE 282
district.
Sec. 6101.07. Upon the determination of a judge of the 291
court of common pleas that a sufficient petition has been filed 292
in such THE court in accordance with section 6101.05 of the 293
7
Revised Code, he THE JUDGE shall give notice thereof OF THE 295
PETITION to the court of common pleas of each county included in 298
whole or in part within the proposed conservancy district. The 299
judge of the court of common pleas of each such county, or in the 300
case of any county having more than one such judge, one judge 301
assigned by order of the judges of the court of common pleas 302
thereof OF THE COUNTY, shall sit as the court of common pleas of 304
the county wherein IN WHICH the petition was filed to exercise 305
the jurisdiction conferred by sections 6101.01 to 6101.84, 306
inclusive, of the Revised Code THIS CHAPTER. In case of the 307
inability to serve of the judge of any county having only one 309
judge, the chief justice of the supreme court, upon application 310
of any interested person and proper showing of need, may assign a 311
judge from another county to serve as a judge for such THE county 312
during the disability of its local judge. The court of any 314
county, presided over by the judges provided for in this section, 315
may establish conservancy districts when the conditions stated in 316
section 6101.05 of the Revised Code are found to exist. Except 317
as otherwise provided by sections 6101.08 to 6101.84, inclusive, 318
of the Revised Code, such IN THIS CHAPTER, THE court has, for all 319
purposes of sections 6101.01 to 6101.84, inclusive, of the 321
Revised Code THIS CHAPTER, original and exclusive jurisdiction 323
coextensive with the boundaries and limits of the district or 324
proposed district and of the lands and other property included 325
in, or proposed to be included in, such THE district or affected 326
by such THE district, without regard to the usual limits of its 327
jurisdiction. The judges of the court shall meet in the first 328
instance upon the call of the judge determining the sufficiency 329
of the petition and shall elect one of their number as presiding 330
judge. Each judge when sitting as a member of the court shall 331
receive such compensation and allowance for expenses as provided 332
by law for a judge of the court of common pleas serving by 333
assignment outside the county wherein he IN WHICH THE JUDGE 334
resides, which shall be paid as other expenses of the
8
organization or operation of the district are paid. 335
The court shall adopt rules of practice and procedure not 337
inconsistent with sections 6101.01 to 6101.84, inclusive, of the 338
Revised Code, THIS CHAPTER and the general laws of this state. 339
If the court consists of more than three judges, it may designate 341
three of its members from three different counties to preside 342
over the court, hear matters coming before the court, and make 343
determinations and decisions or findings and recommendations, as 344
the rules of the court provide, with respect to any matters 345
authorized by such THE rules, the disposition of which is vested 347
in the court, except that it shall not make final decisions and 348
orders as to THE FOLLOWING:
(A) The establishment, dissolution, or merger of the 350
district or of subdistricts thereof OF IT; 351
(B) The adoption, rejection, or amendment of the official 353
plan; 354
(C) The appointment and removal of directors and 356
appraisers; 357
(D) The confirmation of the appraisers' report of 359
benefits, damages, and appraisals of property; 360
(E) The authorization of maintenance assessments in excess 362
of one per cent of benefits; 363
(F) The authorization of a readjustment of the appraisal 365
of benefits in accordance with section 6101.54 of the Revised 366
Code; 367
(G) The approval of the method of financing improvements 369
and activities under section 6101.25 of the Revised Code; 370
(H) The determination of rates of compensation for water 372
under sections 6101.24 and 6101.63 of the Revised Code; 373
(I) The examination of the annual report of the board of 375
directors of the conservancy district as provided under section 376
6101.66 of the Revised Code. 377
The concurrence of two of the three judges so designated 379
shall be necessary for any action or determination thereby BY THE 380
9
JUDGES, and it has, if so provided by the rules of the court, the 382
same effect as though taken or made by the full court. All 383
actions and determinations by the full court require the 384
affirmative vote of a majority of the judges constituting the 385
court. In all cases in which the judges are evenly divided, that 386
side with which the presiding judge votes shall prevail. In the 387
event IF the court consists of two judges and they find 388
themselves unable to agree on any question left to their 389
decision, a judge of the court of common pleas of some other 390
county shall be designated by the chief justice of the supreme 391
court to sit and vote as a third member of the court until such 392
THE question is decided.
When the court by its order entered of record decrees that 394
a subdistrict be organized, the judge of the court of common 395
pleas of each county included in whole or in part in the 396
subdistrict, or in the case of any such county having more than 397
one such judge, one judge assigned by order of the judges of the 398
court of common pleas thereof OF THE COUNTY, shall sit as the 399
court of common pleas, with jurisdiction in all matters relating 401
to the subdistrict, the disposition of which is vested in the 402
court, except those listed in paragraph DIVISIONS (A), (C), and 403
(I) of this section, which shall remain the responsibility of the 405
full court.
Sec. 6101.08. At the preliminary meeting of the court, it 414
shall fix the time and place of the hearing on the petition for 416
the establishment of the proposed conservancy district, which 417
hearing shall be held not later than sixty days thereafter, and 418
the clerk of such THE court shall give notice of such THE hearing 419
by publication. Any owner of real property in a proposed 420
district who individually has not signed such a THE petition and 421
who wishes to object to the organization and incorporation of 423
said THE district shall, on or before the date set for the cause 425
to be heard, file his THE OWNER'S objections to the organization 426
and incorporation of such THE district. Similarly, objections 427
10
may be filed by any public corporation which THAT has not signed 429
such THE petition. Such THE objections shall be limited to a 431
denial of the statements in the petition, and shall be heard by 433
the court as an advanced case without unnecessary delay. 434
Upon the hearing, if it appears that the purposes of 436
sections 6101.01 to 6101.84, inclusive, of the Revised Code, THIS 437
CHAPTER would be subserved by the creation of a district, the 439
court, after disposing of all objections as justice and equity
require, shall by its findings, duly entered of record:, 440
adjudicate all questions of jurisdiction; determine that the 442
organization of the district for the purposes for which it is 443
being organized, and that the surveys, plans, appraisals of 444
benefits and damages, estimates of cost, land options, and the
preparation of an official plan, will benefit the area within the 445
territorial boundaries of the district; declare the district 447
organized; AND give it a corporate name by which in all 449
proceedings it shall thereafter be known. A district so
organized shall be a political subdivision of the state and a 450
body corporate with all the powers of a corporation, and shall 451
have perpetual existence, with power to sue and be sued, to incur 452
debts, liabilities, and obligations, to exercise the right of 453
eminent domain and of taxation and assessment as provided in such 455
sections THIS CHAPTER, to issue bonds, and to do all acts 456
necessary and proper for the carrying out of the purposes for 457
which the district was created and for executing the powers with 458
which it is invested.
In such THE decree, the court shall designate the place 460
where the office or principal place of business of the district 462
shall be located, which shall be within the corporate limits of 463
the district if practicable, and which may be the district shall 464
be held at such THE office or place of business, but for cause 465
may be adjourned to any other convenient place. The official 466
records and files of the district shall be kept at such THE 468
office except as otherwise approved by the court. 470
11
If the court finds that the property set out in said THE 472
petition should not be incorporated into a district, it shall 474
dismiss said THE proceeding, and adjudge the costs against the 477
signers of the petition in the proportion of the interest
represented by them. 478
After an order is entered, either dismissing the petition 480
or establishing the district, such THE order is a final order and 481
may be appealed by any interested party or by the state, within 483
twenty days from the date that the order is entered. The 484
organization of said THE district shall not be directly or 485
collaterally questioned in any suit, action, or proceeding except 486
as expressly authorized in sections 6101.01 to 6101.84, 487
inclusive, of the Revised Code THIS CHAPTER. 488
Sec. 6101.11. Each member of the board of directors of a 497
conservancy district, before entering upon his THE MEMBER'S 498
official duties, shall take and subscribe to an oath before a 500
suitable officer that he THE MEMBER will honestly, faithfully, 501
and impartially perform the duties of his office, and that he THE 502
MEMBER will not be interested directly or indirectly in any 505
contract let by said THE district. Said THIS oath shall be filed 506
in the office of the clerk of the court in the original case. 507
Upon THE MEMBERS' taking OF the oath, the board shall choose one 509
of its number as president of the board, and may elect another as 511
vice-president. The board shall elect some suitable person 512
secretary of the conservancy district, who shall not be a member
of the board. Such 513
THE board shall adopt a seal, and shall keep in a 515
well-bound book a record of all OF its proceedings, minutes of 517
all OF ITS meetings, certificates, contracts, bonds given by 519
employees, and all corporate acts. Such book THE RECORD shall be 521
open to the inspection of all owners of property in the district,
as well as to all other interested parties. The 523
THE board shall adopt bylaws governing the administration 527
of the affairs of the district.
12
A majority of the board constitutes a quorum, and a 529
concurrence of the majority in any matter within the board's 531
duties is sufficient for its determination. All actions of the 532
board shall be by motion or resolution.
Sec. 6101.12. The secretary of the conservancy district 541
shall be the custodian of the records of the district and of its 542
corporate seal and shall assist the board of directors in such 543
THE particulars as it directs in the performance of its duties. 545
The secretary shall attest, under the corporate seal of the 546
district, all certified copies of the official records and files 547
of the district that are required of him THE SECRETARY by 548
sections 6101.01 to 6101.84, inclusive, of the Revised Code, THIS 549
CHAPTER or by any person ordering such copies and paying the 551
reasonable cost of transcription. Any portion of a record so 553
certified and attested prima-facie imports verity. The secretary 554
shall serve also as treasurer of the conservancy district, unless 555
a treasurer is otherwise provided for by the board. 556
The board may employ a chief engineer; an attorney; and 558
such other engineers, attorneys, agents, and assistants as are 559
needed, and may provide for their compensation, which, with all 560
other necessary expenditures, shall be taken as a part of the 561
cost of the improvement. 562
The employment of the secretary, treasurer, chief engineer, 564
and attorney for the district shall be evidenced by agreements in 565
writing, which, so far as possible, shall specify the amounts to 566
be paid for their services. 567
The chief engineer shall be superintendent of all the works 569
and improvements, and shall make a full report to the board each 570
year, or oftener MORE OFTEN if required, and may make such 572
suggestions and recommendations to the board as he deems THE 573
CHIEF ENGINEER CONSIDERS proper. 574
The board may require any officer or employee of the 576
district to give bond for the faithful performance of his THE 577
OFFICER'S OR EMPLOYEE'S OFFICIAL duties in an amount prescribed 578
13
by it, the expense thereof OF THE BOND to be paid from the funds 579
of the district. 580
The secretary or treasurer may take and certify the 582
acknowledgment of instruments granting easements or rights-of-way 583
to the district. Such acknowledgment ACKNOWLEDGMENT and 584
certification, subscribed by the secretary or treasurer, is an 586
acknowledgment and certification for purposes of section 5301.01 587
of the Revised Code. 588
Sec. 6101.13. Upon its qualification, or as soon 597
thereafter as practicable, the board of directors of a 598
conservancy district shall prepare a plan for such THE part or 599
parts of the improvements for which the district was created as 601
the board of directors shall deem CONSIDERS advisable. Such THE 603
plan shall be filed, in accordance with this section, within two 604
years from the date of the order establishing the district. The 605
court may grant extensions of time allowed for the filing of the 606
plan if the board of directors so requests, for good cause shown. 607
No plan or portion of a plan shall be prepared providing a water 608
supply for domestic, industrial, or public use, or providing for 609
the collection and disposal of sewage and other liquid wastes, 610
for any municipal corporation, unless the governing body of such 611
THE municipal corporation has petitioned the board to provide a 612
water supply or a system for the collection and disposal of 613
sewage and other liquid wastes, or has signed the petition 614
initiating the proceeding by which the district acquired 615
authority to undertake such improvements. Such THE plan shall 616
include such THE maps, profiles, plans, and other data and 618
descriptions as are necessary to set forth properly the location 619
and character of the work and of the property benefited or taken 620
or damaged, with estimates of cost for doing the work, including 621
the proportion of the total cost to be assessed within the 622
district, a breakdown of the sources of funds to be used in 623
making the improvements, and the extent of participation, if any, 624
by other political agencies in constructing the work. 625
14
If the board finds that any former survey made by any other 627
district or in any other matter is useful for the purposes of the 628
district, the board may take over the data secured by such THAT 629
survey, or such other proceedings as is useful to it, and may pay 630
therefor an amount equal to the value of such THAT data to said 632
THE OTHER district. No construction shall be made under sections 633
6101.01 to 6101.84 of the Revised Code, which THIS CHAPTER THAT 634
will cause the flooding of any municipal corporation or which 636
THAT will cause the water to back up into any municipal 638
corporation, unless the board has acquired and paid for the right 639
to use the land affected for such purpose, and has paid all 640
damages incident thereto TO THE FLOODING OR BACK-UP. No railroad 641
shall be required to be constructed with a grade in excess of the 642
maximum ruling grade then existing upon that division of said THE 643
railroad whereon said WHERE THE change is required. 645
Upon the completion of such THE plan, the board shall file 647
a copy thereof OF IT with the environmental protection agency, 649
which may approve or reject any provisions thereof OF THE PLAN 651
relating to the supplying of water for domestic, industrial, and 653
public use or to the collection and disposal of sewage and other 654
liquid wastes. In deciding whether to approve or reject such THE 655
provisions, the agency shall consider, among other factors, the 657
protection of the public health, and compliance with air and 658
water quality standards and regulations and solid waste disposal 659
requirements. If the department AGENCY rejects such THE 660
provisions or refers them back for amendment, the board shall 662
prepare other or amended provisions relating thereto. If the 663
agency approves the provisions, it shall certify a copy of its 664
action to the board, which shall file it as a record of the 665
district.
Upon the completion of the plan and the approval by the 667
agency, the board shall cause GIVE notice of the completion of 668
such THE plan to be given by publication in accordance with 670
section 6101.01 of the Revised Code, and shall file a copy of 671
15
such THE plan in the office of the clerk of the COURT OF common 673
pleas court of each county in which works of improvement are 675
proposed, or in which property would be benefited, damaged, or 676
taken by the execution of such THE plan. Such copies COPIES 677
shall be available for inspection by all persons, public 679
corporations, and agencies of the state government interested. 680
The board shall make copies of the plan available to any 681
interested party, such AND MAY CHARGE FOR THE copies to be 682
supplied only at the cost thereof OF THEIR PRODUCTION. 683
Said THE notice shall fix the times and places for the 685
hearing of all objections to said THE plan, which shall be not 686
less than twenty nor OR more than thirty days after the last 688
publication of said THE notice. The board, or its duly appointed 690
representative under this section, may, upon motion and for good 692
cause shown, or upon its THE BOARD'S or his REPRESENTATIVE'S own 693
motion, grant continuances to a day certain of the hearing on the 696
plan. Such ANY continuances shall not necessitate additional 697
notice. All objections to said THE plan shall be in writing and 699
filed with the secretary of the conservancy district at his THE 700
SECRETARY'S office not more than twenty days after the last 701
publication of said THE notice. A hearing on the objections so 703
filed shall be provided for by the board in the county seat of 704
each county in which a copy of the plan has been filed as 705
required by this section, but such THE hearing may be canceled in 706
any county from which no objections have emanated either from a 708
resident or owner of property located therein WITHIN THE COUNTY. 709
The board may, if it deems CONSIDERS IT necessary, appoint one or 711
more representatives, each of whom shall be assigned by the board 712
to conduct one or more of the hearings on the objections as 713
required by this section and to cause MAKE a record to be made of 715
each of such THE hearings and to report such THE record back to 717
the board. After said THE hearings, the board shall adopt the 719
plan with or without modifications as the official plan of the 720
district. Within ten days after the adoption of the official 721
16
plan by the board, the secretary of the conservancy district 722
shall certify a copy thereof OF IT and deposit it with the clerk 724
of the court, who shall file it in the original case. If any 725
person, public corporation, or agency of the state government
objects to said THE official plan, so AS adopted, then such THE 727
person, public corporation, or agency of the state government 728
may, within thirty days from the adoption of said THE official 729
plan, file their objections in writing, specifying the features 731
of the plan to which they object, in the original case 732
establishing the district in the office of the clerk of the 733
court. The clerk of the court shall fix a day for a hearing upon 734
said ON THE official plan before the court, which shall not be 736
less than twenty nor OR more than thirty days after the time 739
fixed for filing objections, at which time the court shall hear 740
any objections so filed and approved APPROVE, reject, or refer 741
back said THE plan to the board. 742
The court may, upon motion and for good cause shown, or 744
upon its own motion, grant continuances to a date certain of the 745
hearing on the plan when it is made to appear to the court that 746
further time is needed for study of the plan by objectors. Such 747
ANY continuances shall not necessitate additional notice. If the 749
court rejects said THE plan, the board shall proceed as in the 750
first instance under this section to prepare another plan. If 752
the court refers said THE plan to said THE board for amendment, 754
then the court shall continue the hearing to a day certain 755
without publication of notice. If the court approves said THE 756
plan as the official plan of the district, a certified copy of 758
the journal entry of the court shall be filed with the secretary, 759
and by him incorporated THE SECRETARY SHALL INCORPORATE IT into 760
the records of the district. The board, with the approval of the 762
court, may alter or add to the official plan until the appraisal 763
record is filed, and THE BOARD OF APPRAISERS OF THE CONSERVANCY 764
DISTRICT SHALL TAKE NOTICE of all such OF THE alterations and 766
additions the board of appraisers of the conservancy district
17
shall take notice; but if. IF, in the judgment of the court, any 769
such alteration or addition is material in character, the 770
procedure thereon ON IT shall be the same as on the adoption of 771
the plan. After the appraisal record has been filed in court, no 773
alterations of the official plan or additions thereto TO IT shall 774
be made except as provided in section 6101.39 of the Revised 776
Code.
The board of directors of a conservancy district shall have 778
full power and authority to devise, prepare for, execute, 779
maintain, and operate all works or improvements necessary or 780
desirable to complete, maintain, operate, and protect the 781
official plan. It may secure and use men WORKERS and equipment 782
under the supervision of the chief engineer or other agents, or 783
it may let ENTER INTO contracts for such THE works, either as a 785
whole or in parts.
Sec. 6101.15. In order to accomplish the purposes of the 794
conservancy district, the board of directors of a conservancy 795
district may DO THE FOLLOWING: 796
(A) Clean out, straighten, widen, alter, deepen, or change 798
the course or terminus of any ditch, drain, sewer, river, 799
watercourse, pond, lake, creek, or natural or artificial stream 800
located in or out of said THE district; 801
(B) Fill up any abandoned or altered ditch, drain, sewer, 803
river, watercourse, pond, lake, creek, or natural or artificial 804
stream, and concentrate, divert, or divide the flow of water in 805
or out of said THE district; 806
(C) Construct, acquire, operate, and maintain main and 808
lateral ditches, sewers, canals, levees, dikes, dams, sluices, 809
revetments, reservoirs, holding basins, floodways, wells, 810
intakes, pipe lines, purification works, treatment and disposal 811
works, pumping stations and siphons, and any other works and 812
improvements deemed CONSIDERED necessary to accomplish the 813
purposes of the district or to construct, preserve, operate, or 815
maintain such THE works in or out of said THE district. Sections 817
18
6101.01 to 6101.84, inclusive, of the Revised Code do THIS 819
CHAPTER DOES not limit the authority of public corporations to 821
install, maintain, and operate sewerage systems and water-works 822
systems as otherwise permitted by law;, but the board shall have 823
full power to require the use of the improvements constructed or 824
acquired by the district for the purpose of water supply or the 825
collection and disposal of sewage and other liquid wastes by the 826
public corporations and persons within the district for which 827
such THE improvements were installed;. 828
(D) Afforest lands owned by the district; 830
(E) Install improvements on lands owned or controlled by 832
the district for the proper maintenance thereof OF THE LANDS, or 833
for the purpose of preventing or minimizing damage to the works 835
and improvements of the district; 836
(F) Construct connections to the works of the district for 838
the delivery of a water supply therefrom FROM THE WORKS or for 839
the delivery of sewage and other liquid wastes thereto TO THE 841
WORKS;
(G) Construct or enlarge any bridges that may be needed in 843
or out of said THE district; 844
(H) Construct or elevate roadways and streets; 846
(I) Construct any of said THE works and improvements 848
across, through, or over any public highway, canal, railroad 849
right of way, track, grade, fill, cut, or other public or private 850
property located in or out of said THE district; 851
(J) Remove or change the location of any fence, building, 853
railroad, canal, or other structure or improvement located in or 854
out of said THE district, but if it is not feasible or economical 856
to move any building, structure, or improvement situated in or 857
upon lands required by the district and if the cost to the 858
district is determined by the board to be less than that of 859
purchase or condemnation, the board may acquire land and 860
construct, acquire, or install, therein or upon, buildings, 861
structures, or improvements, similar in purpose, to be exchanged 862
19
for the aforementioned buildings, structures, or improvements 863
under contracts entered into between the owner thereof OF THEM 864
and the district; 865
(K) Hold, encumber, control, acquire by donation, 867
purchase, or condemnation, construct, own, lease, use, and sell 868
real and personal property, and any easement, riparian right, 869
railroad right of way, canal, cemetery, sluice, reservoir, 870
holding basin, milldam, water power, wharf, or franchise in or 871
out of said THE district for right of way, holding basin, 872
location, or protection of works and improvements, relocation of 874
communities and of buildings, structures, and improvements 875
situated on lands required by the district, or for any other 876
necessary purpose, or for obtaining or storing material to be 877
used in constructing and maintaining said THE works and 878
improvements; 879
(L) Replat or subdivide land, open new roads, streets, and 881
alleys, or change the course of an existing one, and install 882
therein improvements to replace those in the former roads, 883
streets, or alleys; 884
(M) Procure insurance against loss to the district by 886
reason of damage to its properties, works, or improvements 887
resulting from fire, theft, accident, or other casualty or by 888
reason of the liability of the district for any damages to 889
persons or property occurring in the operation of the works and 890
improvements of the district or the conduct of its activities; 891
(N) Conduct on its own or in combination with other 893
entities, water quantity and quality studies and other water 894
monitoring activities that do not conflict with similar studies 895
or activities by other agencies. A written report of the
findings of any such study or activity, or a copy thereof OF IT, 897
shall be submitted to the director of environmental protection. 898
(O) Do all things necessary or incident to the fulfillment 900
of the purposes for which the district is established. 901
Sec. 6101.16. When it is determined to let the work 910
20
relating to the improvements for which a conservancy district was 911
established by contract, contracts in amounts to exceed fifteen 913
TWENTY-FIVE thousand dollars shall be advertised after notice 914
calling for bids has been published once a week for three TWO 915
consecutive weeks completed on date of last publication, WITH THE 916
LAST PUBLICATION TO OCCUR AT LEAST EIGHT DAYS PRIOR TO THE DATE 917
ON WHICH BIDS WILL BE ACCEPTED, in at least one A newspaper of 920
general circulation within the conservancy district where the
work is to be done. If the bids are for a contract for the 921
construction, demolition, alteration, repair, or reconstruction 922
of an improvement, the board of directors of the conservancy 923
district may let the contract to the lowest or best RESPONSIVE 924
AND MOST RESPONSIBLE bidder who meets the requirements of section 926
153.54 of the Revised Code. If the bids are for a contract for 927
any other work relating to the improvements for which a 928
conservancy district was established, the board of directors of 929
the district may let the contract to the lowest or best 930
RESPONSIVE AND MOST RESPONSIBLE bidder who gives a good and 931
approved bond, with ample security, conditioned on the carrying 932
out of the contract. The contract shall be in writing and shall 933
be accompanied by or refer to plans and specifications for the 934
work to be done prepared by the chief engineer. The plans and 935
specifications shall at all times be made and considered a part 936
of the contract. The contract shall be approved by the board and 937
signed by the president of the board and by the contractor and 938
shall be executed in duplicate. In case of sudden emergency when 939
it is necessary in order to protect the district, the advertising 940
of contracts may be waived upon the consent of the board, with 941
the approval of the court or a judge of the court of common pleas 942
of the county in which the office of the district is located. 943
Sec. 6101.17. The board of directors of a conservancy 952
district, when it is necessary for the purposes of sections 953
6101.01 to 6101.84, inclusive, of the Revised Code THIS CHAPTER, 955
shall have a dominant right of eminent domain over the right of 956
21
eminent domain of railroad, telegraph, telephone, gas, water 957
power, and other companies and corporations, and over townships, 958
counties, and municipal corporations. 959
In the exercise of this right, due care shall be taken to 961
do no unnecessary damage to other public utilities, and, in case 963
of failure to agree upon the mode and terms of interference, not 964
to interfere with their operation or usefulness beyond the actual 965
necessities of the case, due regard being paid to the other 966
public interests involved.
Sec. 6101.19. (A) The board of directors of a conservancy 975
district may make and enforce such rules and regulations as it 976
deems CONSIDERS necessary and advisable TO DO THE FOLLOWING: 978
(1) To protect and preserve the works, improvements, and 980
properties owned or controlled by the district, prescribe the 981
manner of their use by public corporations and persons, and 982
preserve order within and adjacent thereto TO THE WORKS, 983
IMPROVEMENTS, AND PROPERTIES; 984
(2) To prescribe the manner of building bridges, roads, or 986
fences or other works in, into, along, or across any channel, 987
reservoir, or other construction of the district; 988
(3) To prescribe the manner in which ditches, sewers, pipe 990
lines, or other works shall be adjusted to or connected with the 991
works of the district or any watercourse therein IN THE DISTRICT 992
and the manner in which the watercourses of the district may be 994
used for sewer outlets or for disposal of waste; 995
(4) To prescribe the permissible uses of the water supply 997
provided by the district and the manner of its distribution, and 998
to prevent the pollution or unnecessary waste of such THE water 999
supply; 1,000
(5) To prohibit or regulate the discharge into the sewers 1,002
of the district of any liquid or solid wastes deemed CONSIDERED 1,003
detrimental to the works and improvements of the district. 1,005
Such THE rules and regulations shall not be inconsistent 1,007
with the laws of the state or the rules and regulations or 1,008
22
requirements of the director of environmental protection, and 1,009
shall be published in the manner provided by section 6101.01 of 1,010
the Revised Code before taking effect. 1,011
(B) No person shall violate any rule or regulation adopted 1,013
in accordance with this section. 1,014
(C) The board may enforce by mandamus or otherwise all 1,016
necessary regulations made by it and authorized by sections 1,017
6101.01 to 6101.84 of the Revised Code, and THIS CHAPTER, may 1,019
remove any harmful or improper construction or obstruction or 1,020
close any opening or connection made improperly or in violation 1,021
of such THE rules and regulations, and may bring such suits in 1,023
mandamus in the court of appeals in the first instance, if it 1,024
deems CONSIDERS it advisable. Any person or public corporation 1,027
which THAT willfully fails to comply with such THE rules and 1,029
regulations shall be liable for damage caused by such THE 1,031
failure, and for the cost of renewing any construction damaged or 1,033
destroyed.
(D) No person or public corporation shall erect within the 1,035
drainage area of the district any dam or reservoir upon any 1,036
stream or watercourse therein IN IT, or any work or obstruction 1,038
diminishing the cross section of any such stream or watercourse 1,039
IN IT, until a copy of the plans thereof FOR THE DAM, RESERVOIR, 1,041
WORK, OR OBSTRUCTION has been filed with the secretary of the 1,043
conservancy district for the board's examination. 1,044
Sec. 6101.23. The board of directors of a conservancy 1,053
district may enter into contracts or other arrangements with the 1,054
United States government or any department thereof OF IT, with 1,055
persons, railroads, or other corporations, with public 1,057
corporations, and with the state government of this or other 1,058
states, AND with drainage, conservation, conservancy, sewer, 1,059
park, or other improvement districts, in this or other states, 1,060
for co-operation or assistance, not in violation of Article VIII, 1,061
Ohio Constitution, in constructing, maintaining, using, and 1,062
operating the works of the district, the waters thereof OF IT, or 1,063
23
the parks, parkways, forests, and recreational facilities thereof 1,064
OF IT, or in minimizing or preventing damage to the properties, 1,066
works, and improvements of the district from soil erosion, or for 1,067
making surveys and investigations or reports thereon. The board 1,068
may purchase, lease, or acquire land or other property in 1,069
adjoining states to secure outlets or for other purposes of 1,070
sections 6101.01 to 6101.84, inclusive, of the Revised Code, THIS 1,071
CHAPTER and may let contracts or spend money for securing such 1,072
THE outlets or other works in adjoining states. 1,073
Sec. 6101.25. The board of directors of a conservancy 1,082
district may construct, improve, operate, maintain, and protect 1,083
parks, parkways, forest preserves, bathing beaches, playgrounds, 1,084
and other recreational facilities upon the lands owned or 1,085
controlled by the district, or upon lands located within the 1,086
district owned or controlled by the United States government or 1,087
any department thereof OF IT, by the THIS state of Ohio or any 1,089
department or division thereof OF IT, or by any political 1,090
subdivision, if authorized by lease, contract, or other 1,092
arrangements with the appropriate agency of government having 1,093
such ownership or control, and. THE BOARD may acquire by lease, 1,095
purchase, or appropriation property additional to that required 1,096
for the purposes for which the district was incorporated, in 1,097
order to provide for the protection, more adequate development, 1,098
and fuller public use and enjoyment of such THE improvements and 1,100
facilities. The board may impose and collect charges for the use 1,101
of the properties, improvements, and facilities maintained or 1,102
operated by the district for recreational purposes. Moneys 1,103
collected from these charges may be used to promote the 1,104
district's recreational facilities. 1,105
In case the revenues derived or to be derived from the 1,107
properties, improvements, and facilities maintained, operated, 1,108
used, or acquired by the district for recreational purposes are 1,109
not sufficient for the purposes of this section, the board, with 1,110
the approval of the court, may provide for the payment of 1,111
24
obligations incurred under this section by either or both the 1,112
following methods, as determined by the court: 1,113
(A) The levy of taxes upon all the taxable property of the 1,115
district; 1,116
(B) The THE levy of special assessments upon public 1,118
corporations having lands within the district. 1,119
In no case shall such THE obligations INCURRED UNDER THIS 1,121
SECTION be paid from the proceeds of special assessments levied 1,123
under section 6101.48 or 6101.53 of the Revised Code, or of bonds 1,124
or notes issued in anticipation thereof OF THEM. If the first 1,125
such method is approved by the court, the board may levy in any 1,127
year taxes of not to exceed one-tenth of one mill upon the 1,128
taxable real and personal property of the district for the 1,129
purposes of this section, and in anticipation of the collection 1,130
thereof, the board may issue bonds and notes for the acquisition 1,131
and construction of the properties and improvements authorized by 1,132
this section. Such bonds and notes shall be issued in the manner 1,133
and subject, so far as applicable, to the conditions provided by 1,134
sections 6101.50, 6101.51, and 6101.52 of the Revised Code. In 1,135
case the second method is AFTER SPECIAL ASSESSMENTS AGAINST THE 1,136
PUBLIC CORPORATIONS ARE approved by the court, the board of 1,137
appraisers of the conservancy district shall appraise the 1,138
benefits to be conferred on each public corporation containing 1,139
lands within the district by reason of the acquisition and 1,140
construction of the properties and improvements authorized by the 1,141
board of directors under this section, and shall appraise the 1,142
damages accruing to persons and public corporations therefrom 1,143
FROM THE IMPROVEMENTS. Sections 6101.01 to 6101.84 of the 1,144
Revised Code, with reference THE PROVISIONS OF THIS CHAPTER THAT 1,145
REFER to the determination of benefits and damages, apply to such 1,147
THE appraisals made under this section, but they shall be 1,149
separate from other appraisals of benefits and damages made under 1,150
such sections THIS CHAPTER, and separate records thereof OF THEM 1,152
shall be prepared. After the appraisal of benefits has been 1,154
25
approved by the court, and within the amount of benefits so 1,155
determined, the board of directors may levy assessments on the 1,156
public corporations benefited to pay the cost of the properties 1,157
and improvements acquired and constructed under this section, and 1,158
may issue bonds and notes in anticipation of the collection of 1,159
such THESE assessments. In addition, the board of directors may 1,161
annually levy a maintenance assessment for the purposes of this 1,162
section on such THE public corporations upon the basis of total 1,164
appraised benefits. Sections 6101.01 to 6101.84, inclusive, of 1,165
the Revised Code, relating THE PROVISIONS OF THIS CHAPTER THAT 1,166
RELATE to assessments for district purposes and to bonds and 1,167
notes issued in anticipation thereof OF THE ASSESSMENTS apply to 1,168
the assessments authorized under this section and the bonds and 1,170
notes issued in anticipation of such THE assessments. 1,171
Improvement, bond retirement, and maintenance funds shall be 1,172
established for recreational purposes in conformity with section 1,173
6101.44 of the Revised Code, which shall be separate from one 1,174
another and from other funds of the district, and no transfers 1,175
shall be made thereto TO THEM from the other funds of the 1,176
district unless the court, prior to June 1, 1965, determines that 1,177
such transfer will not include proceeds of special assessments 1,178
levied under section 6101.48 or 6101.53 of the Revised Code, or 1,179
of bonds or notes issued in anticipation of the collection 1,180
thereof, and approves the transfer as a transfer of surplus 1,181
moneys as provided in section 6101.44 of the Revised Code. The 1,182
proceeds of all bonds, notes, taxes, and assessments authorized 1,183
by this section and all receipts derived from the recreational 1,184
properties, improvements, and facilities owned, controlled, 1,185
operated, or maintained by the district shall be paid into such 1,186
THOSE funds, and all expenditures in accordance with this section 1,188
shall be made therefrom FROM THEM. 1,189
Sec. 6101.30. If the report of the board of appraisers of 1,198
a conservancy district includes recommendations that other lands 1,199
and public corporations be included in the district, or that 1,200
26
certain lands and public corporations be excluded from the 1,202
district, the clerk of the court before which the proceeding is 1,203
pending shall give notice to the owners of such THAT property and 1,204
TO THE public corporations by publication to be made as provided 1,205
in sections 6101.01 to 6101.84, inclusive, of the Revised Code, 1,206
for NOTICE OF a hearing on the petition for the creation of the 1,208
district. Such THE notice to those owners whose lands are or the 1,209
public corporations to be added to the district may be 1,210
substantially as shown in the schedule in section 6101.84 of the 1,211
Revised Code. The time and place of the hearing may be the same 1,213
as those of A hearing on appraisals. To the owners of property 1,215
and public corporations to be excluded from the district, it will 1,216
be IS sufficient to notify them of that fact.
Sec. 6101.31. The board of appraisers of a conservancy 1,225
district shall prepare a report of its findings which shall be 1,226
arranged in tabular form and bound in loose-leaf book form, and 1,227
which THAT shall be known as the "conservancy appraisal record." 1,229
Such THE record shall contain the name of the owner of property 1,230
appraised as it appears on the tax duplicate or the deed records 1,231
if ascertainable therefrom FROM THEM, the tax mailing address or 1,232
other known address of such THE owner if ascertainable, a 1,234
description of the property appraised, the amount of benefits 1,235
appraised, the amount of damages appraised, and the appraised 1,236
value of land or other property which THAT may be taken for the 1,237
purposes of the district. In case benefits are appraised 1,239
accruing to a public corporation as an entity, the name and, if 1,240
ascertainable, address of such THE public corporation and the 1,242
amount of the benefit appraised shall be entered in such THE 1,243
record. The board shall also report any other benefits or 1,245
damages or any other matter which THAT, in its opinion, should be 1,247
brought to the attention of the court. No error in the names or 1,248
addresses of the owners of real property or in the descriptions 1,249
thereof OF THE PROPERTY shall invalidate said THE appraisal or 1,250
the levy of assessments or taxes based thereon ON IT, if 1,251
27
sufficient description is given to identify such THE real 1,253
property.
When such THE report is completed, it shall be signed by at 1,255
least a majority of the board and deposited with the clerk of the 1,256
court, who shall file it in the original case. At the same time, 1,258
copies of that part of the report giving the appraisal of 1,259
benefits and appraisals of land to be taken and of damages in any 1,260
county shall be made, AND certified to, and filed with the clerk 1,262
of the court of common pleas of such THAT county. 1,263
Sec. 6101.32. Upon the filing of the report of the board 1,272
of appraisers of a conservancy district under section 6101.31 of 1,273
the Revised Code, the clerk of the court shall give notice 1,274
thereof OF THE FILING by publication, as provided in sections 1,275
6101.01 to 6101.84, inclusive, of the Revised Code, in each 1,277
county in the district in which property included in the 1,278
CONSERVANCY appraisal record is located. Said THE notice shall 1,280
be substantially as set forth in division (F) of section 6101.84 1,281
of the Revised Code. It is not necessary for said THE clerk to 1,282
name the parties interested, except that such AND THE notice 1,284
shall be addressed "To All Known and Unknown Persons or Public 1,286
Corporations Interested" and in addition shall specifically 1,287
designate the name of each known party whose tax mailing or other 1,288
address cannot be ascertained as disclosed by the affidavit 1,289
referred to in this section, but the name of any such party need 1,290
be designated only in the publication made in the county or 1,291
counties wherein lands, or interests in lands, owned by the party 1,292
and affected by the report are located." IT
It is not necessary to describe separate lots or tracts of 1,293
land in giving said THE notice, but the heading of such THE 1,295
notice and the text thereof OF IT shall give, and it is 1,296
sufficient if each gives, such descriptions as THAT will enable 1,298
the owner of land or the owner of an interest of record therein 1,300
IN LAND to determine whether or not his THE OWNER'S land OR 1,303
INTEREST is covered by such THE descriptions. For instance, it 1,304
28
is sufficient to state in the heading "NOTICE OF HEARING ON 1,305
APPRAISALS ON LANDS LYING IN ...................., 1,306
...................., and .................... TOWNSHIPS AND IN 1,307
THE CITIES OR VILLAGES OF ...................., 1,308
...................., and .................... in 1,309
.................... COUNTY," and it is sufficient to state in 1,310
the text "All land lying in the .................... ward of the 1,311
city of ....................," or "All land abutting on 1,312
.................... street in the city of ....................," 1,313
or "All land lying west of .................... river and east of 1,314
.................... railroad in .................... township," 1,315
or any other general description pointing out the lands involved. 1,316
Where IF lands in different counties are mentioned in said 1,319
THE report, it is not necessary to publish a description of all 1,320
the lands in the district in each county, but only of that part 1,321
of said THE lands located in the county in which publication is 1,322
made. 1,323
The board of directors of such THE conservancy district 1,325
shall, on or before the date of first THE publication of the 1,327
notice provided for in this section, cause to be mailed SHALL 1,328
MAIL by first class mail to the APPLICABLE public corporations 1,330
and to the owners of property whose names and respective tax 1,332
mailing or other known addresses are ALL OTHER KNOWN PERSONS 1,333
HAVING AN INTEREST OF RECORD IN PROPERTY THAT IS TO BE TAKEN OR
IS DAMAGED AND WHOSE TAX MAILING OR OTHER KNOWN ADDRESS IS 1,334
disclosed by the affidavit referred to in this section a notice 1,335
which in each case THAT shall be directed to such respective THE 1,336
APPROPRIATE address and which, shall advise the addressee thereof 1,338
of the date of the filing, and place of filing, of the report of 1,340
the board of appraisers, and SHALL STATE that the addressee has 1,341
the right to file exceptions to the report on or before a 1,343
specified date and to be heard thereon in the county where his 1,344
THE ADDRESSEE'S property is located at the time and place fixed 1,345
by the court as provided by section 6101.33 of the Revised Code. 1,346
29
In addition the THE notice shall contain, if the report includes 1,348
an appraisal of benefits affecting the addressee, a statement 1,349
that such benefits have been appraised and that assessments may 1,350
be levied based upon, and not in excess of, such appraisal, and 1,351
the dollar amount of the appraisal, shall contain, if the report 1,352
includes an appraisal of property of the addressee to be taken or 1,354
damaged, a statement that such THE property TO BE TAKEN or the 1,355
damage thereto has been appraised and SHALL GIVE the dollar 1,357
amount of such THAT appraisal, and shall contain any volume 1,359
designation and page number of the report at which any appraisal 1,360
affecting the addressee appears and a brief description of the 1,361
property appraised as referred to in section 6101.31 of the 1,362
Revised Code. In the case of property to be taken or damaged the 1,363
board of directors shall cause like notice to be mailed on the 1,364
same date to all other known persons having an interest of record 1,365
in such property whose tax mailing or other known address is 1,366
disclosed by the affidavit referred to in this section. The 1,367
THE secretary of the conservancy district, or his THE 1,369
SECRETARY'S deputy, as ex officio secretary of the board of 1,371
appraisers, shall prepare and file with the clerk of the court on 1,372
the date of the mailing of the notices provided for in this 1,373
section an affidavit attesting in substance that, as of the date 1,374
of the mailing of the notices, the affiant has determined that 1,375
the names of all APPLICABLE public corporations, and the names of 1,376
the owners of all the property affected by the report of the 1,378
board of appraisers THAT IS TO BE TAKEN OR THAT IS DAMAGED, where 1,379
such THOSE names are ascertainable, together with their 1,380
respective tax mailing or other known addresses where 1,381
ascertainable, are listed in the report of the board of 1,382
appraisers with the exception of such differing names or 1,383
addresses as may be specifically set forth in the affidavit,; 1,384
that no names and no tax mailing or other known addresses are 1,386
ascertainable except as may be disclosed by such THE report as 1,387
supplemented by the affidavit,; and that notices have been mailed 1,389
30
as provided for in this section to each public corporation and to 1,390
each owner of property having a tax mailing or other known 1,391
address as shown by such report or affidavit and to all other 1,392
persons having an interest of record in property THAT IS to be 1,393
taken or THAT IS damaged AND whose interest is known or can be 1,394
ascertained from such THE record. Such THE affidavit shall be 1,396
given on the basis of available information and after the 1,398
exercise of reasonable diligence, and the affidavit IT shall so 1,399
state. Such THE affidavit shall be prima-facie evidence of the 1,401
matters attested to therein IN IT. 1,402
Sec. 6101.33. Any property owner or public corporation may 1,411
accept the appraisals in its favor of benefits and, of damages, 1,413
and of lands to be taken made by the board of appraisers of a 1,414
conservancy district, or may acquiesce in the board's failure to 1,415
appraise damages in its favor, and shall be construed to have 1,416
done so unless, within thirty days after the last publication 1,417
provided for in section 6101.32 of the Revised Code, or such 1,418
additional time as may be granted by the presiding judge of the 1,419
court, it THE PROPERTY OWNER OR PUBLIC CORPORATION files 1,420
exceptions to said THE report or to any appraisal of either 1,422
benefits or, damages, or of land to be taken which THAT may be 1,423
appropriated. All exceptions shall be heard by the court 1,424
beginning not less than forty nor OR more than fifty days after 1,425
the last publication provided for in such THAT section, and 1,427
determined in advance of other business so as to carry out, 1,429
liberally, the purposes and needs of the district. The court 1,430
shall provide for the hearing on the exceptions in the county 1,431
seat of each county wherein IN WHICH property is located with 1,432
respect to which an exception or exceptions have been filed at a 1,434
time and place fixed by the court. Notice of the time and place 1,435
of the hearing of his AN exception shall be given the exceptor in 1,436
such manner as the court may direct. The hearing conducted in a 1,437
particular county shall be limited to testimony presented by the 1,438
district and by exceptors whose exceptions relate to property 1,439
31
located within said THAT county. The 1,441
THE court may, if it deems CONSIDERS IT necessary, appoint 1,444
one or more special master commissioners MAGISTRATES, each to be 1,445
assigned by the court to conduct one or more of the hearings on 1,447
the exceptions as required by this section and, to cause MAKE a 1,449
record to be made of each of such THE hearings, and to report 1,451
such THE record, together with findings and recommendations, back 1,453
to the court. Such special master commissioners THE MAGISTRATES 1,454
shall have the usual powers possessed by special master 1,456
commissioners as specified in section 2315.42 of the Revised Code 1,457
MAGISTRATES, shall have the cooperation of the officials of the 1,459
district in determining any facts relative to the CONSERVANCY
appraisal report RECORD, and may use any abstracts, title 1,461
certificates, title reports, or other information that the 1,463
district has relative to any of the properties included on IN the 1,464
appraisal report RECORD. The 1,465
THE court may cancel the scheduled hearing in any county 1,467
having few exceptors, providing such PROVIDED THAT THE exceptors 1,468
are given advance notice, in such A manner as the court may 1,470
direct, of the time and place of hearing in a nearby county at 1,471
which they THE EXCEPTORS shall be heard upon their several 1,473
objections. The
THE court may, if it deems CONSIDERS IT necessary, return 1,476
the report CONSERVANCY APPRAISAL RECORD to the board for its 1,477
further consideration and amendment, and enter its order to that 1,478
effect. If the appraisal record as a whole is referred back to 1,479
the board, the court shall not resume the hearing thereof ON IT 1,480
without new notice, as for an original hearing thereon ON IT. 1,482
The court may, without losing jurisdiction over the appraisal 1,483
record, order the board to recast the appraisal record when the 1,484
order of the court specifies the precise character of the changes 1,485
thereof.
Sec. 6101.36. No property shall be taken under sections 1,494
6101.01 to 6101.84, inclusive, of the Revised Code, THIS CHAPTER 1,496
32
until compensation has been paid according to law. But where IF 1,498
a trial is had by jury, and a verdict has been IS rendered which 1,499
has been THAT IS confirmed by the trial court, the board of 1,500
directors of the conservancy district may pay the amount allowed 1,502
into court in money with the costs, and thereupon such, AT THAT 1,503
TIME, THE court shall make an order admitting the district into 1,505
possession of the property and confirming its title thereto TO 1,506
THE PROPERTY, although the owner may take steps to take the case 1,509
to a higher court. Thereupon AT THAT TIME, the board may enter 1,511
into undisturbed possession of the property and rights involved.
Sec. 6101.38. After a certified copy of the entry of the 1,520
court and of the appraisals as confirmed by the court, except 1,521
those parts from which appeals have been perfected but not 1,522
determined, is transmitted to the secretary of the conservancy 1,523
district as provided by section 6101.37 of the Revised Code, the
board of directors of the conservancy district may deposit with 1,524
the court the amount of any such confirmed appraisal of 1,525
compensation or damages, from the award of which no appeal has 1,527
been taken, for any property or interest therein IN PROPERTY as 1,529
included in the CONSERVANCY appraisal record and confirmed by the
court. The court THEN shall thereupon enter an order admitting 1,531
the district into possession of all such OF THE property for 1,533
which payment has been deposited, and confirming its title 1,534
thereto TO THAT PROPERTY. The clerk of such THE court shall have 1,536
so much of such THE order recorded in the office of the county 1,537
recorder of the county where the land is located as will show the 1,538
transfer of title. The owners of such THE property THEN shall 1,539
thereupon have an interest in the fund so deposited to the extent 1,540
of their respective interests in the property taken or damaged. 1,541
The court shall appoint a master commissioner MAGISTRATE 1,543
who, upon giving bond in the amount and manner ordered by the 1,545
court, shall receive all applications of owners, lienholders, and 1,546
other persons claiming an interest in any of the property 1,547
acquired by the district through the appraisal record, conduct
33
necessary hearings, and report to the court from time to time as 1,548
to the persons entitled to payment out of said funds, THE FUND 1,550
and the amount due each. The court, if satisfied that such THE 1,552
report is correct, shall thereupon order the master commissioner 1,554
MAGISTRATE and the clerk to countersign vouchers for the payment 1,555
of the money to the persons entitled thereto TO IT. In the event 1,556
of conflicting claims to said THE fund, such THE claims may be 1,558
submitted and determined in the court and, proceedings shall be 1,560
had as provided in section 163.18 of the Revised Code, in so far 1,561
INSOFAR as such THAT section is applicable to this section, and 1,562
the costs of such THE proceedings shall be paid by the claimants. 1,564
All interest income from said THE fund shall be paid to the 1,566
district, and all costs of administering and handling the fund 1,567
deposited with the court shall be paid by the district. The 1,568
master commissioner MAGISTRATE shall have the usual powers 1,569
possessed by master commissioners MAGISTRATES, shall have the 1,571
cooperation of the district in determining the proper parties
entitled to said THE fund, and may use any abstracts, title 1,572
certificates, title reports, or other information that the 1,574
district has relative to any of the properties acquired by the 1,575
district on the appraisal record.
If the district acquired any of the property or interests 1,577
appearing on the appraisal record by contract without the 1,578
intervention of such master commissioner THE MAGISTRATE, the 1,579
court shall order the return to the district of so much of said 1,580
THE fund as represents the property or interest so acquired. 1,581
Sec. 6101.39. The board of directors of a conservancy 1,590
district may, at any time after the CONSERVANCY appraisal record 1,591
is filed, when necessary to fulfill the objects for which the 1,593
district was created, alter or add to the official plan by 1,594
amendment thereof. Such alterations or additions may be 1,595
alterations in or additions to improvements previously provided 1,596
for in the official plan or may consist of new works or 1,597
improvements for the accomplishment of the purposes for which the 1,598
34
district was created THAT WERE not previously provided for in the 1,600
official plan. When such alterations or additions are formally 1,601
approved by the board and by the court, and are filed with the 1,602
secretary of the conservancy district, they shall become part of 1,603
the official plan for all purposes of sections 6101.01 to 6101.84 1,604
of the Revised Code THIS CHAPTER. Where IF such alterations or 1,606
additions in the judgment of the court neither materially modify 1,607
the general character of the work, nor materially increase 1,608
resulting damage for which the board is not able to make amicable 1,609
settlement, nor increase the cost more than ten per cent, no 1,610
action other than a resolution of the board is necessary for the 1,611
approval of such alterations or additions. Any alteration or 1,612
addition to the official plan relating to the provision of water 1,613
supply or the collection and disposal of sewage and liquid wastes 1,614
requires the approval of the environmental protection agency. In 1,615
case IF the proposed alterations or additions materially modify 1,616
the general character of the work, or materially modify the 1,617
resulting damages or materially reduce the benefits, for which 1,618
the board is not able to make amicable settlement, or materially 1,619
increase the benefits in such a manner as to require a new 1,620
appraisal, or increase the cost more than ten per cent, the court 1,621
shall direct the board of appraisers of the conservancy district, 1,622
which may be the original board, or a new board appointed by the 1,623
court on petition of the board of directors or otherwise, to 1,624
appraise the property to be taken, benefited, or damaged by the 1,625
proposed alterations or additions. 1,626
Upon the completion of the report by the board of 1,628
appraisers, notice shall be given and a hearing had on its report 1,629
in the same manner as in the case of the original report of the 1,630
board of appraisers, and the same right of appeal to a jury 1,631
exists. When the only question at issue is additional damages or 1,632
reduction of benefits to property due to modifications or 1,633
additions to the plans, the board of directors may, if it finds 1,634
it practicable, make settlements with the owners of the property 1,635
35
damaged instead of having appraisals made by the board of 1,636
appraisers. In case such settlements are made, notice and 1,637
hearing need not be had. After bonds have been sold, in order 1,638
that their security may not be impaired, no reduction shall be 1,639
made in the amount of benefits appraised against property in the 1,640
district, but in lieu of such reductions in benefits, if any are 1,641
made, the amount shall be paid to the party in cash. This section 1,642
applies to all changes in appraisals under sections 6101.01 to 1,643
6101.84 of the Revised Code THIS CHAPTER. 1,644
Sec. 6101.40. No appeal under sections 6101.01 to 6101.84, 1,653
inclusive, of the Revised Code, THIS CHAPTER shall be permitted 1,655
to interrupt or delay any action or the prosecution of any work 1,657
under such sections THIS CHAPTER, except where the party 1,658
appealing is entitled to a jury under the constitution of the 1,659
state, and such THE jury trial has not been had, in which case 1,661
only so much of the work shall be interrupted or delayed as would 1,662
constitute a taking of or a damaging of the property of the 1,663
appellant.
The board of directors of a conservancy district may appeal 1,665
from any order of the court of common pleas made in any 1,666
proceeding under such sections THIS CHAPTER not requiring the 1,668
intervention of a jury.
The failure to appeal from any order of the court in any 1,670
proceedings under sections 6101.01 to 6101.84, inclusive, of the 1,671
Revised Code, THIS CHAPTER within the time specified in such 1,674
sections THIS CHAPTER constitutes a waiver of any irregularity in 1,675
the proceedings, and the. THE remedies provided for in such 1,677
sections THIS CHAPTER exclude all other remedies except as 1,678
provided in such sections THIS CHAPTER.
Sec. 6101.41. If any lands in any conservancy district are 1,687
not liable for taxation or assessment at the time of the 1,688
execution of the work, but afterwards, during the period when 1,689
such THE work is being paid for, become liable to taxation or 1,691
assessment by reason of some change in condition or ownership, 1,692
36
such THE lands THEN shall thereupon be appraised and assessed as 1,694
other lands in said THE district receiving equal benefits. 1,695
Sec. 6101.42. In case IF any real property or public 1,704
corporation within or without any conservancy district is 1,706
benefited which AND for any reason was THE BENEFITS WERE not 1,707
appraised in the original proceedings, or was WERE not appraised 1,709
to the extent of THE benefits received, or in case IF any person 1,710
or public corporation makes use of or profit by the works of any 1,712
district to a degree not compensated for in the original 1,713
appraisal, or in case IF the board of directors of the
conservancy district finds it necessary, subsequent to the time 1,715
when the first appraisals are made, to take or damage any 1,716
additional property, the board of directors, at any time such A 1,717
condition becomes evident, shall direct the board of appraisers 1,718
of the conservancy district to appraise the benefits or the 1,719
enhanced benefits received by such THE property or public 1,720
corporation, or such THE damages or value of property taken. 1,722
Proceedings outlined in sections 6101.01 to 6101.84, inclusive, 1,723
of the Revised Code, THIS CHAPTER for appraising lands not at 1,724
first included within the boundaries of the district shall in all 1,725
matters be conformed with including notice to the parties, or the 1,726
board of directors may make any suitable settlement with such THE 1,727
person or public corporation for such THE use, benefit, damage, 1,729
or property taken.
Sec. 6101.43. No fault in any notice or other proceedings, 1,738
whether by reason of noncompliance with the requirements of 1,739
sections 6101.01 to 6101.84, inclusive, of the Revised Code, THIS 1,740
CHAPTER or with any applicable constitutional requirements, or 1,742
otherwise, shall affect the validity of any proceeding under
sections 6101.01 to 6101.84, inclusive, of the Revised Code THIS 1,743
CHAPTER, except to the extent to which it can be shown that such 1,745
THE fault resulted in a material denial of justice to the 1,747
property owner or public corporation complaining of such THE 1,748
fault.
37
If it is found upon a hearing that, by reason of some 1,750
irregularity or defect in the proceedings, the appraisal has not 1,752
been properly made, the court may nevertheless, on having proof 1,754
that expense has been incurred which is a proper charge against 1,755
the property of the person, or against the public corporation,
complaining of such THE irregularity or defect, render a finding 1,756
as to the amount of benefits to said THE property or public 1,758
corporation, and appraise the proper benefits accordingly, 1,760
subject to a claim for a jury as provided in section 6101.35 of 1,761
the Revised Code, where the party is entitled thereto TO IT. 1,762
Thereupon said AT THAT TIME, THE land or public corporation shall 1,763
be assessed as other land or public corporations equally 1,765
benefited. If, at any time either before or after the issuance 1,767
of bonds or notes pursuant to sections 6101.01 to 6101.84,
inclusive, of the Revised Code THIS CHAPTER, the appraisal of 1,769
benefits, either as a whole or in part, is declared by any court 1,771
of competent jurisdiction to be invalid by reason of any defect 1,772
or irregularity in the proceedings therefor, whether
jurisdictional or by reason of noncompliance with any of the 1,774
requirements of sections 6101.01 to 6101.84, inclusive, of the 1,776
Revised Code, THIS CHAPTER or with any applicable constitutional 1,778
requirements, or otherwise, the court of common pleas, on the
application of the board of directors of the conservancy district 1,779
or on the application of any holder of any bonds or notes which 1,780
THAT have been issued pursuant to such sections THIS CHAPTER, 1,783
shall promptly and without delay remedy, or cause to be remedied, 1,786
all defects or irregularities as the case requires and, for such 1,787
THE purpose, may direct the board of appraisers of the 1,788
conservancy district to make, in the manner provided in section 1,791
6101.28 of the Revised Code, a new appraisal of the amount of 1,792
benefits against the whole or any part of the lands or any public 1,793
corporation in said THE district as the case requires and may 1,794
order a new hearing to be held after giving of notice thereof OF 1,795
THE HEARING in compliance with the requirements of sections 1,797
38
6101.01 to 6101.84, inclusive, of the Revised Code THIS CHAPTER, 1,798
or such other and further notice as the court shall prescribe to 1,799
comply with any applicable constitutional requirements. 1,800
Sec. 6101.44. The moneys of every conservancy district 1,809
shall be administered through the following funds: 1,810
(A) The "preliminary fund," consisting of the proceeds of 1,812
the preliminary assessment levied under authority of section 1,813
6101.45 of the Revised Code, and any advances of assessments 1,814
obtained or notes issued in accordance with section 6101.46 of 1,815
the Revised Code, and any contribution or appropriation by the 1,816
state of Ohio under authority of section 6101.45 of the Revised 1,817
Code, which shall be used for the payment of expenses incurred 1,818
for the purposes for which such preliminary assessments and 1,819
contributions are authorized; 1,820
(B) The "improvement fund," consisting of the proceeds of 1,822
all special assessments the collection of which has not been 1,823
anticipated in the issuance of bonds or notes and the proceeds of 1,824
all bonds and notes, other than bonds to retire notes, issued 1,825
under section 6101.50 of the Revised Code, which shall be used 1,826
for defraying expenditures incurred in the execution of the 1,827
official plan and the acquisition or construction of properties, 1,828
works, and improvements of the district, including the cost of 1,829
preparing the official plan and the appraisal, the entire cost of 1,830
construction and superintendence, with all charges incidental 1,831
thereto, and the cost of administration during the period of 1,832
construction and may also be used for defraying preliminary 1,833
expenses in accordance with section 6101.46 of the Revised Code 1,834
and repayment to the preliminary fund, in the manner and to the 1,835
extent provided by this section, of expenditures therefrom FROM 1,836
IT; 1,837
(C) The "bond retirement fund," consisting of the proceeds 1,839
of all special assessments the collection of which has been 1,840
anticipated in the issuance of bonds or notes together with all 1,841
other receipts pledged for the retirement of bonds or notes or 1,842
39
the payment of interest thereon ON THE BONDS OR NOTES, which 1,843
shall be used only for such THOSE purposes; 1,844
(D) The "maintenance fund," consisting of the proceeds of 1,846
maintenance assessments levied annually in accordance with 1,847
section 6101.53 of the Revised Code, earnings from the operation 1,848
of the works of the district, and all receipts not otherwise 1,849
assigned by law or by order of the board of directors of the 1,850
conservancy district, which shall be used for the payment of 1,851
operation, maintenance, and other current expense of the 1,852
district. 1,853
Before levying any assessment to pay the cost of an 1,855
improvement, the board of directors shall determine the amount 1,856
expended and to be expended from the preliminary fund for surveys 1,857
and plans, appraisals, hearings, administration, court costs, and 1,858
other incidentals that equitably should be repaid to the 1,859
preliminary fund. Such THE amount may be all or any portion of 1,860
the preliminary expenses for the improvement. When specified by 1,862
resolution of the board of directors, such THE amount shall be 1,863
included in the costs to be paid from the assessments upon 1,864
benefited property, and shall be transferred from the improvement 1,865
fund to the preliminary fund. 1,866
The board may establish separate or special funds of each 1,868
class for each or any designated purpose for which the district 1,869
is incorporated. Any surplus moneys in any fund of the district 1,870
may be transferred to any other such fund by the board with the 1,871
approval of the court, but no transfer shall be made from the 1,872
bond retirement fund prior to the final maturity of the bonds and 1,873
notes payable therefrom FROM IT, and no transfer shall thereafter 1,875
be made which would reduce the balance in such THE fund below the 1,876
amount required for the payment of all obligations outstanding 1,877
against such THE fund. 1,878
No money shall be drawn from the treasury of the district, 1,880
and no obligation for the expenditure of money shall be incurred, 1,881
except in pursuance of an appropriation by the board. This 1,882
40
prohibition does not apply to funds placed at the place of 1,883
payment by the treasurer of the conservancy district for the 1,884
payment of maturing bonds and notes and interest thereon ON THEM 1,885
in accordance with section 6101.51 of the Revised Code. At or 1,887
before the opening of each fiscal year, which shall correspond to 1,888
the calendar year unless a different year is authorized by the 1,889
auditor of state, the board shall adopt a resolution making 1,890
appropriations for the ensuing year. Such THE appropriation 1,891
resolution may be amended or supplemented by the board. The 1,892
total amount appropriated from any fund for any year shall not 1,893
exceed the sum of the unencumbered balance in the fund at the 1,894
beginning of the year and the amounts to be received during such 1,895
THE year from bonds authorized, and taxes and special assessments 1,897
imposed prior to their appropriation, together with all other 1,898
moneys estimated to be received by the fund during the year. At 1,899
the close of each fiscal year, all unencumbered balances of 1,900
appropriations shall revert to the funds from which they were 1,901
made and shall be subject to reappropriation. 1,902
No contract shall be let ENTERED INTO, and no order shall 1,904
be issued, involving the expenditure of money unless the 1,906
accounting officer of the district first certifies that the 1,907
amount required to meet the expenditure or, in the case of a 1,908
continuing contract to be performed in whole or in part in a 1,909
subsequent fiscal year, the amount required to meet the contract 1,910
in the year in which the contract is made, has been lawfully 1,911
appropriated for such THE purpose and is in the treasury or in 1,913
process of collection to the credit of an appropriate fund free 1,914
from previous encumbrances. Accounts shall be kept in such form 1,915
as to show at all times the true condition of each appropriation. 1,916
Sec. 6101.441. In the event of the dissolution or 1,925
disorganization of any conservancy district organized pursuant to 1,926
sections 6101.01 to 6101.84 of the Revised Code THIS CHAPTER, the 1,928
board of directors of such THE district shall determine the 1,929
amount of funds of the district not needed for the payment of the 1,931
41
expenses and indebtedness of the district and shall, upon such 1,932
THE dissolution or disorganization, forthwith distribute such THE 1,934
funds among the various counties comprising such THE district in 1,935
the same proportion as the funds of the district were received 1,937
from such THE counties whether by donation, assessment, tax, or 1,939
otherwise. The amount due each county shall be paid to the 1,940
treasurer of such THE county and shall be placed and held by him 1,942
in a separate fund to be known as the "conservancy district 1,943
fund."
If a petition for the establishment of a new political 1,945
subdivision whose primary purpose is flood control, water 1,946
conservation, water supply, or water management, THAT IS 1,947
authorized under either sections 6101.01 to 6101.84 of the 1,949
Revised Code, THIS CHAPTER or under any other sections of the 1,951
Revised Code, and which THAT includes such THE county or a part 1,953
thereof, OF IT is pending at the time of, or is filed within one 1,955
year after the receipt of such THE moneys by such THE treasurer, 1,957
and such THE new political subdivision is subsequently organized, 1,959
or if such THE new political subdivision has been organized at 1,960
the time such THE moneys are received by the treasurer, such THE 1,962
treasurer shall, upon the written request of the directors of 1,964
such THE new political subdivision, forthwith pay over all funds 1,965
in such THE conservancy district fund to such THE new political 1,967
subdivision, and said THE subdivision may use and expend said THE 1,969
moneys for any purpose or purposes authorized by the sections of 1,970
the Revised Code under which it has been organized. As used in 1,971
this section, "new political subdivision" does not include the 1,972
following: any sewer district organized under any provisions of 1,973
the Revised Code; any sanitary district organized under sections 1,974
6115.01 to 6115.79 CHAPTER 6115. of the Revised Code; or any 1,976
joint county ditches or any interstate county ditches organized 1,977
under any provisions of the Revised Code. 1,978
If no petition for the organization of such a new political 1,980
subdivision is filed within one year after the receipt of such 1,981
42
THE money by the treasurer, he THE TREASURER shall, at the 1,983
expiration of such THE one-year period, transfer all moneys in 1,985
the conservancy district fund to a special fund of the county to 1,986
be held and used for drainage, flood control, water conservation, 1,987
water supply, or water management purposes in the areas therein 1,988
OF THE COUNTY from which such funds THE MONEYS were originally 1,990
derived. In the event such IF THE proposed political 1,991
subdivision, for the establishment of which a petition has been 1,992
filed within such THE one-year period, is not established or 1,994
organized, the treasurer shall make the same disposition of the 1,995
moneys in the conservancy district fund as in this paragraph 1,996
provided. 1,997
Sec. 6101.45. After the filing of a petition for the 2,006
organization of a conservancy district, and before the district 2,007
is organized, the costs of publication and other official costs 2,008
of the proceedings shall be paid out of the general funds of the 2,009
county in which the petition is pending. Such THE payment shall 2,010
be made on the warrant of the county auditor or on the order of 2,012
the court. If the district is organized, such THE costs shall be 2,013
repaid to the county out of the first funds received by the 2,015
district through levying of assessments or, selling of bonds, or 2,016
the borrowing of money. If the district is not organized, the 2,018
cost shall be collected from the petitioners or their bondsmen 2,019
BONDSPERSONS. Upon the organization of the district, the court 2,020
shall make an order indicating a preliminary division of the 2,022
preliminary expenses between the counties included in the 2,023
district in approximately the proportions of interest of the 2,024
various counties as estimated by said THE court. The court shall 2,025
issue an order to the auditor of each county to issue his A 2,027
warrant upon the county treasurer of his THE county to reimburse 2,028
the county having paid the total cost. 2,029
As soon as any district has been organized, and a board of 2,031
directors of the conservancy district has been appointed and 2,032
qualified, such THE board may levy upon the property within the 2,033
43
district in each of not more than two years a preliminary 2,034
assessment, based upon the benefit determined by the court as 2,035
provided by section 6101.08 of the Revised Code, but not to 2,036
exceed three-tenths of a mill on the assessed valuation thereof 2,037
OF THE PROPERTY, to be used for the purpose of paying expenses of 2,039
organization, for surveys and plans, appraisals, estimates of 2,040
cost, AND land options, and for other incidental expenses which 2,041
THAT may be necessary up to the time money is received from the 2,043
sale of bonds or otherwise. This assessment shall be certified 2,044
to the auditors of the various counties and by them to the 2,045
respective treasurers of their counties. If such THE items of 2,046
expense have already been paid in whole or in part from other 2,048
sources, they may be repaid from the receipts of such THE levy, 2,049
and such THE levy may be made although the work proposed may have 2,051
been found impracticable or for other reasons is abandoned. The 2,052
collection of such THE assessment shall conform in all matters to 2,054
the sections of the Revised Code governing the collection of 2,055
assessments levied by local political subdivisions, and the 2,056
sections of the Revised Code concerning the nonpayment of 2,057
assessments levied by local political subdivisions shall apply. 2,058
The board may borrow money in any manner provided for in sections 2,059
6101.01 to 6101.84, inclusive, of the Revised Code, THIS CHAPTER 2,060
and may pledge the receipts from such THE assessments for its 2,061
repayment, the information collected by the necessary surveys, 2,062
the appraisal of benefits and damages, and other information and 2,063
data being of real value and constituting benefits for which said 2,064
THE assessment may be levied. In case a district is disbanded 2,066
for any cause before the work is constructed, the data, plans, 2,067
and estimates which have been secure shall be filed with the 2,068
clerk of the court before which the district was organized and 2,069
shall be matters of public record available to any person 2,070
interested.
The board shall, upon levying the preliminary assessment, 2,072
certify to the director of the department of natural resources an 2,073
44
estimate of the amount of money the district will need to pay 2,074
expenses of organization, for surveys and plans, appraisals, 2,075
estimates of cost, AND land options, and FOR other incidental 2,077
expenses up to the time money is received by the district from 2,078
the sale of bonds or otherwise. The director, within sixty days 2,079
after the receipt of such THE certification, shall, upon finding 2,080
that the organization and operation of the district contribute to 2,082
the general welfare of the state, determine an equitable 2,083
percentage of the amount so certified to be paid by the state. 2,084
The director shall certify such THE determination to the board 2,085
and shall cause to be paid to the district, out of any moneys 2,087
appropriated to the department of natural resources for the 2,088
purpose of assisting conservancy districts to pay expenses of 2,089
organization, for surveys and plans, estimates of cost, AND land 2,090
options, and FOR other incidental expenses, the amount determined 2,091
by him THE DIRECTOR to be the equitable share of the state in 2,093
meeting such THE expenses. The director shall make available to 2,094
the board all plans, data, surveys, or other information, which 2,095
the department of natural resources or any division thereof OF IT 2,096
may have, which will be beneficial to the board in furthering the 2,097
purposes for which the district is organized. 2,098
Sec. 6101.48. After the CONSERVANCY appraisal record as 2,107
approved by the court, or that part thereof OF IT from which no 2,108
appeal is pending, has been filed with the secretary of the 2,110
conservancy district as provided in section 6101.37 of the 2,111
Revised Code, then from time to time, as the affairs of the 2,112
district demand it, the board of directors of the conservancy 2,113
district shall levy on all real property and on all public 2,114
corporations, upon which benefits have been appraised, an 2,115
assessment of such THE portion of said THE benefits as THAT is 2,117
found necessary by said THE board to pay the cost of the
execution of the official plan, including superintendence of 2,119
construction and administration, plus one-ninth of said THAT 2,120
total to be added for contingencies, but not to exceed in the 2,122
45
total of principal the appraised benefits so adjudicated. 2,123
Such THE assessment shall be apportioned to and levied on 2,125
each tract of land or other property and each public corporation 2,126
in the district in proportion to the benefits appraised, and not 2,127
in excess thereof OF THE BENEFITS APPRAISED. Interest at a rate 2,128
not to exceed the rate provided in section 9.95 of the Revised 2,130
Code, payable semiannually, shall be included in and added to the 2,131
said assessment, but such THE interest shall not be considered as 2,132
a part of the cost in determining whether or not the expenses and 2,134
costs of making the improvement are equal to or in excess of the 2,135
benefits appraised. 2,136
After the assessment is levied, the board shall report it 2,138
to the court for confirmation. Upon the entry of the order of 2,139
the court confirming the assessment, the clerk of the court shall 2,140
transmit a certified copy of the order to the governing or taxing 2,141
body of each political subdivision assessed, and the governing or 2,142
taxing body shall receive and file the order. Thereafter, the 2,143
board may order the issuance of notes in an amount not exceeding 2,144
ninety per cent of the assessment in anticipation of the 2,145
collection of the assessment. 2,146
After the court has confirmed the assessment, the secretary 2,148
of the conservancy district, at the expense of the district, 2,149
shall prepare in duplicate an assessment record of the district. 2,150
It shall be in the well-bound book indorsed and named 2,151
"Conservancy Assessment Record of . . . . . . . District." It 2,152
shall contain in tabular form a notation of the items of property 2,153
appraised and the public corporations to which benefits have been 2,154
appraised, the total amount of benefits appraised against each 2,155
item or public corporation, and the total assessment levied 2,156
against each item or public corporation. Where IF successive 2,157
levies of assessment are made for the execution of the official 2,159
plan and the acquisition or construction of improvements, the 2,160
conservancy assessment record shall contain suitable notations to 2,161
show the number of levies and the amount of each, to the end that 2,162
46
the conservancy assessment record may disclose the aggregate of 2,163
all such levies made up to that time. 2,164
Upon the completion of such THE CONSERVANCY ASSESSMENT 2,166
record, it shall be signed and certified by the president of the 2,168
board and by the secretary of the conservancy district, attested 2,169
by the seal of the district, and shall then be placed on file and 2,170
SHALL become a permanent record in the office of said THE 2,171
district. After the expiration of the thirty-day period for the 2,173
payment of assessments as provided by section 6101.49 of the 2,174
Revised Code, a copy of that part of the conservancy assessment 2,175
record affecting lands or public corporations in any county shall 2,176
be filed with the county auditor of such THE county. 2,177
If it is found at any time that the total amount of 2,179
assessments levied is insufficient to pay the cost of works set 2,180
out in the official plan or of additional work done, the board 2,181
may make an additional levy to provide funds to complete the 2,182
work, provided the total of all levies of such THE assessment 2,183
exclusive of interest does not exceed the total of benefits 2,184
appraised. 2,185
Sec. 6101.49. When the conservancy assessment record is 2,194
placed on file in the office of the conservancy district, notice 2,195
by publication shall be given to property owners and public 2,196
corporations assessed that they may pay their assessments. Any 2,197
owner of real property or public corporation assessed for the 2,198
execution of the official plan under sections 6101.01 to 6101.84, 2,199
inclusive, of the Revised Code, THIS CHAPTER may pay such THE 2,202
assessment to the treasurer of the conservancy district within 2,205
thirty days from the time such THE assessment is placed on file 2,206
in the office of the district, and the amount to be so paid shall 2,207
be ninety per cent of the full principal amount of the assessment 2,208
exclusive of any amount added thereto TO IT to meet interest. 2,209
When such THE assessment has been paid, the secretary of the 2,212
conservancy district shall enter upon said THE assessment record 2,213
and the duplicate thereof opposite each item for which payment is 2,214
47
made, the amount paid and the words "paid in full," and such THE 2,216
assessment shall be deemed satisfied. The payment of such THE 2,218
assessment does not relieve the landowner or public corporation 2,220
from the necessity for the payment of a maintenance assessment 2,221
nor for OR FROM payment of any further assessment which THAT may 2,222
be necessary as provided in such sections THIS CHAPTER. Any 2,223
property owner or public corporation failing to pay assessments 2,226
in full as provided for in this section shall be deemed to have 2,227
consented to the issuance of bonds as provided for under sections 2,228
6101.01 to 6101.84, inclusive, of the Revised Code, THIS CHAPTER 2,230
and to payment of interest thereon ON THEM. If any assessment is 2,233
twenty-five dollars or less, or whenever the unpaid balance of 2,234
any such assessment is twenty-five dollars or less, the same 2,235
ASSESSMENT OR BALANCE shall be paid in full, and not in 2,236
installments, at the time the first or next installment would 2,237
otherwise become due and payable.
After the expiration of the period of thirty days within 2,239
which the property owners and public corporations may pay their 2,240
respective assessments, as limited in this section, the treasurer 2,242
of the conservancy district shall certify to the board of 2,244
directors of the conservancy district the aggregate of the amount
so paid, and thereupon the board THEN shall pass and spread upon 2,245
its records a resolution in which shall be stated the total 2,248
amount of the assessment, and THE amount thereof OF IT paid. 2,251
Thereupon the THE board shall, in the same resolution, apportion 2,252
the total of the unpaid assessments into annual installments and 2,253
provide for the collection of interest upon the unpaid 2,254
installments. Thereafter, it may order the issuance of bonds in 2,256
an amount not exceeding ninety per cent of the unpaid assessment
in anticipation of the collection of said THE installments. The 2,258
residue of the assessment so levied, not less than ten per cent, 2,260
shall constitute a contingent account to protect the bonds from 2,262
casual default, and any part thereof OF IT in excess of the sum 2,264
of the next two installments of semiannual interest and ten per 2,265
48
cent of the next installment of maturing bond principal, if not
needed for this purpose, may be used for the purchase and 2,266
retirement of bonds of the district at not to exceed par and 2,267
accrued interest or for the reduction of the rate of assessment 2,268
in succeeding years.
Sec. 6101.50. (A) The board of directors of a conservancy 2,277
district may, if in its judgment it seems best, issue bonds in an 2,278
amount not to exceed ninety per cent of the total amount of the 2,279
unpaid portion of an assessment, exclusive of interest, levied 2,280
under sections 6101.01 to 6101.84 of the Revised Code, in 2,281
denominations of not less than one hundred dollars, bearing 2,282
interest from date at a rate not to exceed the rate provided in 2,283
section 9.95 of the Revised Code, payable semiannually THIS 2,284
CHAPTER, to mature at annual or semiannual intervals within 2,286
thirty years, commencing not later than five years, to be 2,287
determined by the board. Both principal and interest shall be 2,288
payable at the office of the treasurer of state. Whenever the 2,289
board determines to issue bonds in anticipation of the collection 2,290
of the installments of an assessment, it shall adopt a 2,291
resolution, to be known as the resolution of necessity, declaring 2,292
the necessity of such THE bond issue, and its purpose, and ITS 2,293
amount. Thereafter from time to time, prior to and in 2,295
anticipation of the issuance and sale of such THOSE bonds, the 2,297
board may borrow money and issue notes therefor in aggregate 2,298
amount not in excess of the amount of such bond issue, bearing 2,299
interest at a rate not in excess of the rate provided in section 2,300
9.95 of the Revised Code, payable semiannually or at maturity if 2,301
less than six months, and maturing not. WHENEVER THE BOARD 2,302
DETERMINES TO ISSUE NOTES, IT SHALL ADOPT A RESOLUTION, TO BE 2,303
KNOWN AS THE NOTE RESOLUTION. THE NOTE RESOLUTION SHALL DO ALL 2,304
OF THE FOLLOWING:
(1) STATE THE PRINCIPAL AMOUNT OR MAXIMUM PRINCIPAL AMOUNT 2,306
OF ANTICIPATORY NOTES TO BE ISSUED AND OUTSTANDING, NOT TO EXCEED 2,307
THE AMOUNT OF THE BOND ISSUE; 2,308
49
(2) PROVIDE FOR, OR PROVIDE THE METHOD FOR, ESTABLISHING 2,310
OR DETERMINING FROM TIME TO TIME THE RATE OR RATES OF INTEREST OR 2,311
THE MAXIMUM RATE OR RATES OF INTEREST TO BE PAID ON THE 2,312
ANTICIPATORY NOTES;
(3) STATE THE DATE OR DATES OF THE ANTICIPATORY NOTES; 2,314
(4) ESTABLISH PROVISIONS, IF ANY, FOR REDEMPTION OR 2,316
PREPAYMENT OF THE ANTICIPATORY NOTES, IN WHOLE OR IN PART, BEFORE 2,317
MATURITY;
(5) PROVIDE THE MATURITY DATE OF THE ANTICIPATORY NOTES, 2,319
WHICH SHALL NOT BE later than five years from the date of the 2,321
first issue of such THE notes. All of such 2,322
(B) ALL anticipatory notes issued for less than five years 2,324
may be renewed from time to time until the expiration of five 2,326
years from the date of original issue. After the expiration of 2,327
five years from the date of original issue, if any annual 2,328
installments of the assessments have been collected or are in 2,329
process of collection, the board may renew or continue to renew 2,330
its anticipatory notes from time to time until the board by a 2,331
bonding resolution declares the necessity of issuing bonds. The 2,332
notes shall be redeemable at any interest payment date. Such 2,333
notes may be sold at private sale but in no event shall they be 2,334
sold at less than par and accrued interest; but if the board 2,335
determines to sell such notes at public sale the procedure shall 2,336
be as provided in this section for the sale of bonds. Each 2,337
determination of the board to borrow money and issue notes shall 2,338
be evidenced by a resolution of the board. Whenever such 2,339
WHENEVER notes have been issued in anticipation of the 2,342
issuance of bonds, the proceeds of the bonds when issued and sold 2,343
and of the assessment pursuant to which the bonds are issued 2,344
shall be applied to the payment of the notes and interest thereon 2,345
ON THE NOTES until both are fully paid. 2,347
(C)(1) If the board determines not to issue such 2,349
anticipatory notes, or if such ANTICIPATORY notes are issued, 2,350
when AND they are about to fall due, the board shall adopt a 2,352
50
resolution, to be known as the bonding resolution, declaring. 2,353
THE BONDING RESOLUTION SHALL DO ALL OF THE FOLLOWING: 2,354
(a) DECLARE the necessity of the bonds presently to be 2,357
issued, and their purpose, and THEIR amount, in accordance with 2,359
the prior resolution of necessity, and fixing the date, rate of 2,360
interest, and maturity of the bonds. When;
(b) STATE OR PROVIDE FOR THE DATE OF THE BONDS, AND THE 2,362
DATES AND AMOUNTS OR MAXIMUM AMOUNTS OF MATURITIES OR PRINCIPAL 2,363
PAYMENTS ON THE BONDS;
(c) STATE ANY PROVISION FOR A MANDATORY SINKING FUND OR 2,365
MANDATORY SINKING FUND REDEMPTION OR FOR REDEMPTION PRIOR TO 2,366
MATURITY;
(d) PROVIDE FOR THE RATE OR RATES OF INTEREST OR MAXIMUM 2,368
RATE OR RATES OF INTEREST TO BE PAID ON THE BONDS OR, IF 2,369
OTHERWISE AUTHORIZED, THE METHOD FOR ESTABLISHING OR DETERMINING 2,370
FROM TIME TO TIME THE RATE OR RATES OF INTEREST TO BE PAID ON THE 2,371
BONDS;
(e) STATE ANY PROVISION FOR A DESIGNATED OFFICER OF THE 2,373
DISTRICT TO DETERMINE ANY OF THE SPECIFIC TERMS REQUIRED BY THIS 2,374
DIVISION TO BE STATED IN THE BONDING RESOLUTION, SUBJECT TO ANY 2,375
LIMITATIONS STATED IN THE BONDING RESOLUTION. 2,376
(2) WHEN anticipatory notes are not issued, the resolution 2,380
of necessity may be incorporated in and made a part of the 2,382
bonding resolution. All bonds shall be sold to the highest 2,383
bidder, after being advertised once a week for three consecutive 2,384
weeks and on the same day of the week, the first advertisement 2,385
being published at least twenty-one full days before the date of 2,386
sale, in a newspaper having general circulation in the county 2,387
wherein the office of the district is located. The advertisement 2,388
shall state the amount of bonds to be sold, how long they are to 2,389
run, the rate of interest to be paid thereon, the dates of 2,390
payment of interest, the purpose of the issue, and the day, hour, 2,391
and place where bids will be received. An advertisement may also 2,392
be published in recognized financial journals. Anyone desiring 2,393
51
to do so may present a bid for such bonds based upon their 2,394
bearing a different rate of interest than specified in the 2,395
advertisement. Where a fractional interest rate is bid, such 2,396
fraction shall be one quarter of one per cent or a multiple 2,397
thereof and uniform for all maturities. Every bidder shall file 2,398
with his bid a bond or certified check in an amount specified in 2,399
the advertisement but not less than one per cent of the amount of 2,400
the bonds to be sold.
Bonds of the district may be issued subject to call or 2,402
redemption prior to maturity at not more than par. When the 2,403
district has issued bonds subject to call or redemption prior to 2,404
maturity the board may refund such bonds at a lower rate of 2,405
interest than is provided therein, provided that the bonds issued 2,406
shall not exceed in amount the bonds refunded and the maturity of 2,407
the bonds so issued shall not extend beyond the maturity of the 2,408
bonds refunded. 2,409
No bonds shall be sold for less than the face value thereof 2,411
with accrued interest. The board shall accept the highest bid, 2,412
or if bids are received based upon a different rate of interest 2,413
than specified in the advertisement, the board shall accept the 2,414
highest bid resulting in the lowest net interest cost to the 2,415
district, presented by a responsible bidder. The net interest 2,416
cost shall be the difference between the interest cost over the 2,417
life of the bonds and the premium offered. If a bid is accepted 2,418
based upon a rate of interest other than that provided for in the 2,419
bonding resolution of the board, such acceptance before taking 2,420
effect must be approved by a supplemental resolution of the 2,421
board, and in such case bonds may be issued bearing the rate of 2,422
interest provided for in such accepted bid without further 2,423
amendment of the bonding resolution. When bonds have been once 2,424
advertised and offered at public sale, as provided by law, and 2,425
they or any part thereof remain unsold for want of bidders, those 2,426
unsold may be sold at private sale at not less than their par 2,427
value and accrued interest thereon bearing not to exceed the rate 2,428
52
of interest provided in the bonding resolution of the board. All 2,429
(D)(1) ANTICIPATORY NOTES AND BONDS MAY BE SOLD BY 2,431
COMPETITIVE BID OR AT PRIVATE SALE IN A MANNER DETERMINED OR 2,433
AUTHORIZED BY THE BOARD, BUT THEY SHALL NOT BE SOLD FOR LESS THAN 2,434
NINETY-SEVEN PER CENT OF THEIR PRINCIPAL AMOUNT, PLUS ACCRUED 2,435
INTEREST. AS USED IN THIS DIVISION, "BID" HAS THE SAME MEANING 2,436
AS IN DIVISION (C) OF SECTION 133.30 OF THE REVISED CODE.
(2) ALL moneys from premiums and accrued interest shall be 2,439
paid into the bond retirement fund. 2,440
(3) Bonds and ANTICIPATORY notes shall be signed by the 2,442
president of the board, AND BE attested by the seal of said 2,444
district and by the signature of the secretary of the conservancy 2,446
district, and bonds shall be registered by the treasurer of 2,447
state. Interest coupons attached to such bonds shall bear the 2,448
facsimile signatures of said president and secretary. In case IF 2,449
any of the officers whose signatures, countersignatures, or 2,450
certificates appearing APPEAR upon bonds, notes, or coupons 2,452
issued pursuant to sections 6101.01 to 6101.84 of the Revised 2,453
Code, THIS CHAPTER ceases to be such THAT officer before the 2,454
delivery of such THE bonds or notes to the purchaser, such THE 2,456
signatures, countersignatures, or certificates shall nevertheless 2,457
be valid and sufficient for all purposes, as if such THE officer 2,458
had remained in office until the delivery of the bonds or notes. 2,460
Bonds shall show on their face the purpose for which they 2,462
are issued, and shall be payable out of money derived from the 2,463
bond retirement fund. ALL 2,464
All assessments the collection of which has been 2,466
anticipated by the issuance of bonds or notes shall, when 2,467
collected, be paid into the bond retirement fund for the purpose 2,468
of paying the principal and interest of bonds and notes and for 2,469
no other purpose. All bonds and coupons not paid at maturity 2,470
shall bear interest at the rate provided in section 9.95 of the 2,471
Revised Code from maturity until paid or until sufficient funds 2,472
have been deposited at the place of payment. The expenses 2,473
53
incurred in paying said bonds and interest thereon and reasonable 2,474
compensation to the treasurer of state together with the costs to 2,475
the office of the treasurer of state for registering and paying 2,476
same ON BONDS shall be paid out of the other funds in the hands 2,477
of the treasurer of the conservancy district and collected for 2,479
the purpose of meeting the expenses of administration. That 2,480
portion of the funds paid to the treasurer of state that 2,481
represents the costs to his office shall be paid into the state 2,483
treasury to the credit of the general revenue fund. The 2,484
(E) THE BOARD MAY ISSUE ANTICIPATORY NOTES OR BONDS TO 2,486
FUND OR REFUND PREVIOUSLY ISSUED NOTES OR BONDS. THESE 2,487
ANTICIPATORY NOTES OR BONDS SHALL BE ISSUED PURSUANT TO A NOTE 2,488
RESOLUTION OR BONDING RESOLUTION AS DESCRIBED IN DIVISION (A) OR 2,489
(C) OF THIS SECTION.
MONEYS DERIVED FROM THE PROCEEDS OF ANTICIPATORY NOTES AND 2,491
BONDS ISSUED UNDER THIS DIVISION AND ANY MONEYS DERIVED FROM 2,492
OTHER SOURCES AND REQUIRED FOR THE FUNDING OR REFUNDING OF THE 2,493
PREVIOUSLY ISSUED NOTES OR BONDS SHALL BE PLACED, UNDER AN ESCROW 2,494
AGREEMENT OR OTHERWISE AND TO THE EXTENT REQUIRED BY THE 2,495
RESOLUTION, IN AN ESCROW FUND. THE ESCROW FUND MAY BE AN ACCOUNT
IN THE BOND RETIREMENT FUND IF THE PREVIOUSLY ISSUED NOTES OR 2,496
BONDS ARE PAYABLE WITHIN NINETY DAYS OF THE ISSUANCE OF THE 2,497
ANTICIPATORY NOTES OR BONDS UNDER THIS DIVISION. THE MONEYS IN 2,498
THE ESCROW FUND SHALL BE PLEDGED AND USED FOR THE PURPOSE OF 2,499
FUNDING OR REFUNDING THE PREVIOUSLY ISSUED NOTES OR BONDS.
(F) PENDING THEIR USE UNDER DIVISION (E) OF THIS SECTION, 2,502
THE MONEYS IN THE ESCROW FUND REFERRED TO IN THAT DIVISION SHALL
BE INVESTED IN DIRECT OBLIGATIONS OF, OR OBLIGATIONS GUARANTEED 2,503
AS TO PAYMENT BY, THE UNITED STATES THAT MATURE, OR ARE SUBJECT 2,504
TO REDEMPTION BY AND AT THE OPTION OF THE HOLDER, NOT LATER THAN 2,505
THE DATE OR DATES WHEN THE MONEYS IN THE ESCROW FUND, TOGETHER 2,506
WITH INTEREST OR OTHER INVESTMENT INCOME ACCRUED ON THOSE MONEYS, 2,507
ARE REQUIRED FOR THE PAYMENT OF DEBT CHARGES ON THE PREVIOUSLY 2,508
ISSUED NOTES OR BONDS UNDER DIVISION (E) OF THIS SECTION. ANY 2,509
54
MONEYS IN THE ESCROW FUND THAT ARE NOT NEEDED FOR THE PAYMENT OF
DEBT CHARGES ON THE PREVIOUSLY ISSUED NOTES OR BONDS SHALL BE 2,510
TRANSFERRED TO THE BOND RETIREMENT FUND. FOR PURPOSES OF THIS 2,511
DIVISION, "DIRECT OBLIGATIONS OF, OR OBLIGATIONS GUARANTEED AS TO 2,512
PAYMENT BY, THE UNITED STATES" INCLUDES RIGHTS TO RECEIVE PAYMENT 2,513
OR PORTIONS OF PAYMENTS OF THE PRINCIPAL OF, OR INTEREST OR OTHER 2,514
INVESTMENT INCOME ON, THOSE OBLIGATIONS AND OTHER OBLIGATIONS 2,515
FULLY SECURED AS TO PAYMENT BY THOSE OBLIGATIONS AND THE INTEREST 2,516
OR OTHER INVESTMENT INCOME ON THOSE OBLIGATIONS.
(G) WHEN THE MONEYS, INCLUDING THE INTEREST OR OTHER 2,518
INVESTMENT INCOME ON THE MONEYS, IN THE ESCROW FUND REFERRED TO 2,519
IN DIVISION (E) OF THIS SECTION ARE DETERMINED BY AN INDEPENDENT 2,520
PUBLIC ACCOUNTING FIRM TO BE SUFFICIENT FOR THE PAYMENT OF THE 2,521
DEBT CHARGES ON THE PREVIOUSLY ISSUED NOTES OR BONDS UNDER THAT 2,523
DIVISION, THE FOLLOWING CONDITIONS SHALL APPLY:
(1) THE PREVIOUSLY ISSUED NOTES OR BONDS SHALL NO LONGER 2,525
BE CONSIDERED OUTSTANDING. 2,526
(2) THE PREVIOUSLY ISSUED NOTES OR BONDS SHALL NO LONGER 2,528
BE CONSIDERED FOR PURPOSES OF DETERMINING ANY DIRECT OR INDIRECT 2,529
LIMITATION ON THE INDEBTEDNESS OR NET INDEBTEDNESS OF THE 2,530
DISTRICT.
(3) THE LEVY OF SPECIAL ASSESSMENTS OR OTHER CHARGES FOR 2,532
THE PAYMENT OF THE DEBT CHARGES ON THE PREVIOUSLY ISSUED NOTES OR 2,533
BONDS UNDER THIS CHAPTER, CHAPTER 5705. OF THE REVISED CODE, OR 2,534
OTHER PROVISIONS OF THE REVISED CODE IS NOT REQUIRED.
(H) THE board in making the annual assessment levy shall 2,537
take into account the maturing bonds and interest on all bonds, 2,538
and shall make ample provision in advance for the payment thereof 2,539
OF THOSE BONDS AND THAT INTEREST. 2,540
In case the proceeds of the original assessments made under 2,542
section 6101.48 of the Revised Code are not sufficient to pay the 2,543
principal and interest of all bonds issued, then the board shall 2,544
make such additional levies as are necessary for this purpose, 2,545
and under no circumstances shall any assessment levies be made 2,546
55
that will in any manner or to any extent impair the security of 2,547
said THE bonds or the fund available for the payment of the 2,548
principal and interest of the same BONDS. 2,549
Sec. 6101.501. A conservancy district or a subdistrict 2,558
thereof OF IT may issue revenue bonds for the purpose of paying 2,559
all or part of the cost of acquiring or constructing any 2,561
improvement which THAT the district or subdistrict is authorized 2,562
to acquire or construct, and such THE improvement may include 2,564
equipment, land or interests in land, and facilities necessary or 2,566
appropriate to such THE improvement. Such THE bonds shall be 2,568
secured only by a pledge of, and lien upon, such THE portion as 2,570
the board of directors of the conservancy district determines of 2,571
the revenues derived from fees, rates, and charges for the use of 2,572
any facilities or services of the district or subdistrict, after 2,573
the payment of costs and expenses of operation and maintenance of 2,574
such THE facilities, and the covenant of the district or 2,575
subdistrict to maintain sufficient fees, rates, and charges to 2,576
produce adequate revenues to pay such THE costs and expenses and 2,577
for the payment of such THE bonds. Such THE bonds shall be 2,579
negotiable instruments, but shall not constitute general 2,581
obligations of the district or subdistrict. 2,582
Such THE bonds shall bear interest at not to exceed the 2,584
rate provided in section 9.95 of the Revised Code, payable 2,585
semiannually, shall mature in annual or semiannual installments 2,586
within forty years from their date, and may be made callable and, 2,587
if so issued, may be refunded. Such THE bonds shall be signed by 2,589
the president of the board and attested by the seal of said 2,590
district and by the signature of the secretary of the conservancy 2,591
district, provided that one of such THE signatures may be a 2,592
facsimile and a facsimile of such seal may be imprinted on said 2,594
bonds. Interest ANY INTEREST coupons attached to such THE bonds 2,596
shall bear the facsimile signatures of the president and 2,597
secretary. In case any officer who has signed such THE bonds or 2,598
caused his THE OFFICER'S facsimile signature to be affixed 2,601
56
thereto TO THE BONDS ceases to be such THAT officer before the 2,602
bonds so signed have been actually delivered, such THE bonds, 2,603
nevertheless, may be issued and delivered as though the person 2,605
who had signed such THE bonds, or caused his THE PERSON'S 2,606
facsimile signature to be affixed thereto TO THE BONDS, had not 2,609
ceased to be such THAT officer; any such bonds may be executed on 2,611
behalf of the district by an officer who, at the actual date of 2,612
execution of such THE bonds, is the proper officer of the 2,614
district, although at the date of such THE bonds such THE person 2,615
was not such an officer. Such THE bonds may be sold as provided 2,617
in section 6101.50 of the Revised Code or at private sale, at the 2,618
option of the board, and shall be registrable as provided in 2,619
section 6101.52 of the Revised Code. 2,620
In the discretion of the board of directors, such THE 2,622
revenue bonds may be further secured by a trust agreement between 2,623
the board and a corporate trustee, which may be any trust company 2,624
or bank having the powers of a trust company within or without 2,625
the state. Such THE trust agreement may pledge or assign 2,626
revenues to the payment of the principal of and interest on such 2,628
THE bonds and reserves therefor FOR THE BONDS, but shall not 2,629
convey or mortgage any property of the district or subdistrict. 2,631
Any such trust agreement may contain such provisions for 2,632
protecting and enforcing the rights and remedies of the 2,633
bondholders as are reasonable and proper and not in violation of 2,634
law, including provisions for issue of additional revenue bonds 2,635
to be secured ratably with any revenue bonds theretofore or 2,636
thereafter PREVIOUSLY OR SUBSEQUENTLY issued, covenants setting 2,637
forth the duties of the board in relation to the acquisition, 2,638
improvement, maintenance, operation, repair, and insurance of the 2,639
facilities in connection with which such THE bonds are 2,640
authorized, the custody, safeguarding, and application of all 2,642
revenues and moneys, the insurance of moneys on hand or on 2,643
deposit, the rights and remedies of the trustee and the holders 2,644
of the bonds, including therein IN THEM provisions restricting 2,645
57
the individual right of action of bondholders as is customary in 2,647
trust agreements respecting bonds and debentures of corporations, 2,648
the security to be given by those who contract to construct the 2,649
project and by any bank or trust company in which the proceeds of 2,650
bonds or revenues are deposited, and such other provisions as the 2,651
board deems CONSIDERS reasonable and proper for the security of 2,652
the bondholders. All expenses incurred in carrying out the 2,654
provisions of any such trust agreement may be treated as a part 2,655
of the cost of maintenance, operation, and repair of the 2,656
facilities for which the bonds were issued. 2,657
The board shall covenant and agree to maintain, so long as 2,659
there are outstanding any such bonds payable from revenues, 2,660
adequate fees and charges for the use of the facilities or 2,661
services from which such THE revenues are derived for the payment 2,663
of the principal and interest on such THE bonds and for the 2,664
creation and maintenance of reserves therefor FOR THAT PAYMENT 2,666
and reserves for operation, maintenance, replacement, and 2,668
renewal.
If the revenues pledged to pay revenue bonds prove 2,670
insufficient to pay maturing bonds, bonds which THAT have matured 2,672
or are about to mature may be refunded, providing PROVIDED THAT 2,673
the refunding bonds so issued shall mature in not more than 2,675
fifteen years after issuance; or all of the outstanding bonds, 2,676
both matured and unmatured, of any such issue may be refunded if 2,677
such THE outstanding bonds can be retired by call for redemption 2,679
or with the consent of the holders, either from the proceeds of 2,680
the sale of the refunding bonds or by exchange, provided such 2,681
PROVIDED THAT THE refunding bonds shall not exceed in amount the 2,683
par value of the bonds to be refunded plus the redemption price 2,684
in excess of par value, if any, required to be paid upon their 2,685
call for redemption, and the maturity of such THE refunding bonds 2,686
shall not exceed forty years after their issuance. 2,688
The terms and provisions of any such refunding bonds, the 2,690
method of their issue, and the documents to be executed for the 2,691
58
security thereof, OF THEM shall be as provided for an original 2,692
issue of revenue bonds, except that they may mature in one or 2,694
more installments and contain such provisions for sinking fund 2,695
and for calls from sinking fund as the board of directors may 2,696
determine, and except that they may be exchanged in whole or in 2,697
part for the bonds to be refunded. 2,698
Sec. 6101.51. The treasurer of a conservancy district, at 2,707
the time of taking office, shall execute to the district and 2,708
deliver to the president of the board of directors of the 2,709
conservancy district, a bond with good and sufficient sureties, 2,710
to be approved by the board, conditioned that the treasurer shall 2,711
account for and pay over as required by law, and as ordered by 2,712
the board, all money received by him THE TREASURER on the sale of 2,714
bonds and notes or from any other source, and that he THE 2,715
TREASURER only shall deliver the bonds and notes to the 2,718
purchasers thereof under and according to the terms prescribed in 2,719
this section and section 6101.50 of the Revised Code, and that, 2,720
when ordered by the board to do so, he THE TREASURER shall return 2,721
to the board, duly canceled, any bonds and notes not sold, which 2,723
bonds and notes shall remain in the custody of the board, which 2,724
shall produce them for inspection or for use as evidence whenever 2,725
and wherever legally requested to do so. The cost of the bond of 2,726
the treasurer of the district shall be paid by the board from the 2,727
funds of the district. The board shall make appropriations at 2,728
the proper time for the payment of the maturing bonds and notes 2,729
of the district and the interest payments coming due on all bonds 2,730
and notes sold, and the treasurer of the district shall place 2,731
sufficient funds at the place of payment to pay them. If proper 2,732
appropriations are not made by the board as provided in this 2,733
section, the treasurer of the district of his THE TREASURER'S own 2,734
accord shall place funds at the place of payment and report that 2,736
action to the next meeting of the board. The canceled bonds and 2,737
coupons, receipted notes, and receipts of the treasurer of state 2,738
shall be evidence of such payment.
59
All moneys of a district deposited with the treasurer of 2,740
state to provide for the payment of bonds and interest shall be 2,741
deposited by the treasurer of state in the name of the district 2,742
in a national or state bank subject to the same conditions as are 2,743
provided by law for the deposit of moneys of the state, and all 2,744
interest received on the deposit shall be paid to the district. 2,745
The successor in office of any treasurer of a conservancy 2,747
district is not entitled to take over the assets of the treasury 2,748
until he THE TREASURER has complied with this section. Moneys 2,749
derived from the sale of bonds and from all other sources shall 2,751
be deposited by the treasurer of the district with depositories 2,752
designated by the board. At intervals of not greater than two 2,753
years, the board shall invite proposals from banks and trust 2,754
companies for the deposit of district funds. So long as such 2,755
banks and trust companies are permitted by law to pay interest, 2,756
the board shall select as depositories the bank or banks or trust 2,757
company or companies that at competitive bidding offer the 2,758
highest rate or rates of interest, but if no proposal offering 2,759
depository interest is received, the board may designate 2,760
depositories for the funds of the district without payment of 2,761
interest. The selection of any depository shall be evidenced by 2,762
a resolution of the board, which shall set forth the terms 2,763
governing the selection. The funds so deposited shall be 2,764
protected at all times by the hypothecation by the depository of 2,765
securities of market value or par value, whichever is less, in an 2,766
amount equal to one hundred per cent of the funds, and additional 2,767
securities shall be hypothecated when necessary to maintain that 2,768
percentage. The hypothecation of the securities by the depository 2,769
does not require that the securities be placed in the possession 2,770
of the treasurer of the district. The depository, by written 2,771
notice to the board and to the treasurer, may designate a 2,772
qualified trustee and deposit the eligible securities required by 2,773
this section with the trustee for safekeeping for the account of 2,774
the treasurer and the depository, as their respective rights to 2,775
60
and interests in the securities under this section may appear and 2,776
be asserted by written notice to or demand upon the trustee. In 2,777
that case, the treasurer shall accept the written receipt of the 2,778
trustee, describing the securities, as and for a hypothecation of 2,779
the described securities, and issue to the depository his written 2,781
acknowledgment to that effect, keeping a copy thereof in his 2,782
office. Thereupon, the securities described in the trustee's 2,783
receipt shall be deemed to have been hypothecated with the 2,784
treasurer and to have been deposited with him for all the 2,786
purposes of this section. The amount so determined of the
securities to be hypothecated shall be reduced by an amount equal 2,787
to the insurance of deposits provided by the federal deposit 2,788
insurance corporation pursuant to the act of congress known as 2,789
the "Banking Act of 1933," 48 Stat. 162, 12 U.S.C.A. 1811, as 2,790
amended. The securities shall be obligations of, or guaranteed 2,791
as to principal and interest by, the United States or obligations 2,792
of the state or of the conservancy district or, subject to 2,793
acceptance by the board, obligations of any political subdivision 2,794
lying wholly or partly within the boundaries of the district. 2,795
From time to time as the amount on deposit is reduced, the amount 2,796
of the hypothecated securities may be reduced, but the total 2,797
protection of deposits shall be not less than the amount on 2,798
deposit. The board may invest moneys of the district in United 2,799
States savings bonds or other interest bearing obligations of the 2,800
United States IN ACCORDANCE WITH SECTIONS 135.01 TO 135.21 OF 2,801
THE REVISED CODE. The funds derived from the sale of any of the 2,802
bonds and notes shall be used only for paying the cost of the 2,803
properties, works, and improvements and such costs, expenses, 2,804
fees, and salaries as are authorized by law. 2,805
The district may secure the payment of loans from the 2,807
United States government in the same manner as it may secure the 2,808
payment of bonds, and the board may make any necessary 2,809
regulations to provide for that payment. 2,810
A party who has not sought a remedy against any proceeding 2,812
61
under this chapter, until such bonds or notes have been sold or 2,813
the work constructed, cannot for any cause have an injunction 2,814
against the collection of taxes or assessments for the payment of 2,815
the bonds OR NOTES. 2,816
Such bonds shall have all the qualities of negotiable paper 2,818
under the law merchant, and when executed and sealed and 2,819
registered in the office of the treasurer of state in conformity 2,820
with this chapter, and when sold in the manner prescribed in this 2,821
section and section 6101.50 of the Revised Code and the WHEN 2,822
consideration therefor FOR BONDS is received by the district, THE 2,824
BONDS shall not be invalid for any irregularity or defect in the 2,825
proceedings for the issue THEIR ISSUANCE and sale thereof, and 2,826
shall be incontestable in the hands of bona fide purchasers or 2,828
holders thereof OF THE BONDS for value. No proceedings in 2,830
respect to the issuance of any such bonds are necessary except 2,831
such as are required by this chapter.
Notwithstanding any other provision of this section 2,833
governing the deposit or investment of moneys of a conservancy 2,834
district, the board of directors of such a district, for the 2,835
purpose of providing for the investment of the moneys on the 2,836
district's behalf, may order the treasurer of the district to 2,837
invest moneys of the district in the Ohio subdivisions 2,838
SUBDIVISION'S fund authorized to be created under section 135.45 2,840
of the Revised Code. Any such investments in the fund are 2,841
subject to and governed by that section and rules adopted under 2,842
it.
Sec. 6101.52. Whenever the owner of any coupon bond issued 2,851
pursuant to sections 6101.01 to 6101.84, inclusive, of the 2,852
Revised Code, THIS CHAPTER presents such THE bond to the 2,854
treasurer of the conservancy district with a request for the 2,855
conversion of such THE bond into a bond registered as to 2,857
principal and interest, said THE treasurer shall cut off and 2,859
cancel the coupons of any such THE coupon bond so presented, and 2,861
shall stamp, print, or write upon such THE coupon bond, either 2,862
62
upon the back or the face thereof OF IT or in blanks provided 2,863
therefor, as is convenient, FOR THE PURPOSE a dated and signed 2,865
statement to the effect that said THE bond is registered as to 2,866
principal and interest in the name of the owner and that 2,867
thereafter the interest and principal of said THE bond are 2,868
payable to the registered owner. Upon request of an owner 2,870
similarly made for registration of any coupon bond as to
principal only, the treasurer of the district shall similarly 2,871
record on such THE bond a statement to the effect that said THE 2,873
bond is registered as to principal and that thereafter the 2,875
principal of said THE bond is payable to the registered owner. 2,877
Thereafter, and from time to time, any bond so registered as to 2,878
principal and interest or as to principal only may be transferred 2,880
by such THE registered owner in person or by attorney duly 2,882
authorized on presentation of such THE bond to the treasurer of 2,884
the district and the bond again registered as before, a similar
statement being stamped, printed, or written thereon ON IT. If 2,885
such THE bond is so registered, the principal and interest of 2,887
such THE bond or the principal thereof OF IT, if registered as to 2,889
principal only, shall be payable to the registered owner. Upon 2,890
request of the owner of any registered bond, such THE bond may be 2,891
discharged from registration by being in like manner transferred 2,892
and made payable to bearer and, if such THE bond has been 2,893
registered as to interest, by attaching thereto TO IT 2,895
reproductions of the original interest coupons thereafter 2,896
payable; but the cost of reproducing and attaching such THE 2,897
coupons shall be paid by the owner of such THE bond. The 2,899
treasurer of the district shall enter in a register of such bonds 2,901
to be kept by him, or in a separate book, THE TREASURER the fact 2,902
of the registration of such THE bond and the name of the 2,903
registered owner thereof OF IT so that said THE register or book 2,905
at all times shows what bonds are registered, the kind of
registration, and the name of the registered owner thereof. Not 2,907
more than thirty nor less than fifteen days prior to each payment 2,909
63
date for payment of principal or interest the treasurer of the 2,910
district shall certify the record of registered bonds to the 2,911
treasurer of state.
Sec. 6101.53. To maintain, operate, and preserve the 2,920
reservoirs, ditches, drains, dams, levies, canals, sewers, 2,921
pumping stations, treatment and disposal works, or other 2,922
properties or improvements acquired or made pursuant to sections 2,923
6101.01 to 6101.84, inclusive, of the Revised Code THIS CHAPTER, 2,924
and to strengthen, repair, and restore the same, when needed, and 2,926
to defray the current expenses of the conservancy district, the 2,927
board of directors of the conservancy district may, upon the 2,928
substantial completion of said THE improvements and on or before 2,929
the first day of September in each year thereafter, levy an 2,931
assessment upon each tract or parcel of land and upon each public 2,932
corporation within the district, subject to assessments under 2,933
such sections THIS CHAPTER, to be known as a conservancy 2,934
maintenance assessment. No such assessment shall be made with 2,936
respect to works and improvements acquired or constructed for the 2,937
purpose of providing a water supply for domestic, industrial, and 2,938
public use within the district, when such THE water supply can be 2,939
metered or measured when furnished to persons or public 2,941
corporations. If the district, for the benefit of one or more 2,942
persons or political subdivisions, provides a water supply that 2,943
recharges underground aquifers and thereby replenishes wells or 2,944
provides a source of water for new wells, or increases the 2,945
natural low flow of a stream used for water supply, or creates an 2,946
impoundment, in such a way that the augmented use of water cannot 2,947
be metered or measured for individual or public consumption, the 2,948
board may make a maintenance assessment against benefited 2,949
property and public corporations in the same manner provided 2,950
herein IN THIS SECTION for maintenance of other properties or 2,952
improvements.
Said THE maintenance assessment shall be apportioned upon 2,954
the basis of the total appraisal of benefits accruing for 2,955
64
original and subsequent construction, shall not exceed one per 2,956
cent thereof OF THE TOTAL APPRAISAL OF BENEFITS in any one year 2,957
unless the court by its order authorizes an assessment of a 2,959
larger percentage, SHALL NOT BE LESS THAN TWO DOLLARS, and shall 2,960
be certified to the county auditor of each county in which lands 2,961
of said THE district are located in the conservancy assessment 2,963
book RECORD but in a separate column in like manner and at the 2,965
same time as the annual installment of the assessment levied 2,966
under section 6101.48 of the Revised Code is certified, under the 2,967
heading "Maintenance MAINTENANCE assessment." Said THE auditor 2,969
shall certify the same to the county treasurer of the county at 2,971
the same time that he THE AUDITOR certifies the annual 2,972
installment of the assessments levied under such THAT section, 2,973
and the sum of such THE levies for any tract or public 2,974
corporation may be certified as a single item. The treasurer 2,976
shall demand and collect the maintenance assessment and make 2,977
return thereof OF IT, and shall be liable for the same penalties 2,979
for failure to do so as are provided for the annual installment 2,980
of the assessment levied under section 6101.48 of the Revised 2,981
Code.
The board of directors of the conservancy district may 2,983
adopt a resolution requiring that any annual maintenance 2,984
assessments authorized by this section that are for ten dollars 2,985
or less be collected biennially or triennially rather than 2,986
annually. The resolution shall specify the maximum dollar
amount, not to exceed ten dollars for each year for which the 2,987
collection is being made, that may be accumulated and collected 2,988
either biennially or triennially, whichever is indicated in the 2,990
resolution. The board annually shall certify to the county
auditor the amount of such assessments to be collected in that 2,991
year, if any, and the county auditor shall proceed to collect 2,992
those certified amounts in the same manner as provided for 2,993
collection of all other maintenance assessments under this 2,994
section.
65
The amount of the maintenance assessment paid by any parcel 2,996
of land or public corporation shall not be credited against the 2,997
benefits assessed against such THE parcel of land or public 2,998
corporation;, but the maintenance assessment shall be in addition 3,000
to any assessment that has been or can be levied under section 3,001
6101.48 of the Revised Code. 3,002
To maintain, operate, and preserve the works and 3,004
improvements of the district acquired or constructed for the 3,005
purpose of providing a water supply, to strengthen, repair, and 3,006
restore the same, and to defray the current expenses of the 3,007
district for this purpose, the board may impose rates for the 3,008
sale of water to public corporations and persons whithin WITHIN 3,009
the district. The rates to be charged for such THE water shall 3,011
be fixed and adjusted by the board at intervals of not less than 3,013
one year, so that the income thus produced will be adequate to 3,014
provide a maintenance fund for the purpose of water supply. 3,015
Contracts for supplying water to public corporations and persons 3,016
shall be entered into before such THE service is rendered by the 3,017
district. Such contracts CONTRACTS shall specify the maximum 3,019
quantity of water to be furnished to the public corporation or 3,021
person, which AND THE quantity shall be fixed so as equitably to 3,023
distribute the supply. Preference shall be given to water supply 3,024
furnished to public corporations for domestic and public uses. 3,025
Bills for water supplied to public corporations shall be rendered 3,026
at regular intervals and shall be payable from the waterworks 3,027
fund of the public corporation or, if it is not sufficient, from 3,028
the general fund. 3,029
Sec. 6101.54. Whenever the owners or representatives of 3,038
twenty-five per cent or more of the acreage or value of the lands 3,040
in a conservancy district or the board of directors of a
conservancy district file a petition with the clerk of the court 3,041
having jurisdiction in the original case, stating that there has 3,042
been a material change in the values of the property in the 3,043
district or additional benefits are being derived from the works 3,044
66
and the improvements of the district since the last previous 3,045
appraisal of benefits, and praying for a readjustment of the 3,046
appraisal of benefits for the purpose of making a more equitable 3,047
basis for the levy of the maintenance assessment under section 3,048
6101.53 of the Revised Code, the clerk shall give notice of the 3,049
filing and OF A hearing of said THE petition by publication in 3,051
the manner provided in division (A) of section 6101.01 of the 3,052
Revised Code.
Upon hearing of said THE petition, if said THE court finds 3,055
there has been a material change in the values of property in 3,056
said THE district, or that additional benefits are derived from 3,057
the works and improvements of the district, or both, since the 3,058
last previous appraisal of benefits, the court shall order that 3,059
there be a readjustment of the appraisal of benefits for the 3,060
purpose of providing a basis upon which to levy the maintenance 3,062
assessment of said THE district. Thereupon the THE court THEN 3,064
shall direct the board of appraisers of the conservancy district
to make such THE readjustment in the manner provided in sections 3,066
6101.01 to 6101.84, inclusive, of the Revised Code THIS CHAPTER, 3,067
and said THE board shall make its report. The same proceedings 3,068
shall be had thereon ON IT, as nearly as may be, as are provided 3,070
in such sections THIS CHAPTER for the appraisal of benefits 3,072
accruing for original construction. In making the readjustment 3,073
of the appraisal of benefits, the readjusted appraisal shall not 3,074
be limited to the aggregate amount of nor OR to the benefits or 3,075
properties or persons listed in the original or any previous 3,077
appraisal of benefits, and, after the making of such THE 3,078
readjustment, the limitation of the annual maintenance assessment 3,080
to one per cent of the total appraised benefits, BUT NOT LESS 3,081
THAN TWO DOLLARS, shall apply to the amount of the benefits as 3,082
readjusted. There shall be no such readjustment of benefits 3,083
oftener MORE OFTEN than once in eight SIX years. 3,084
Sec. 6101.55. The board of directors of a conservancy 3,093
district shall each year after the original assessment has been 3,094
67
levied determine, order, and levy the annual levy, which shall 3,095
include all assessments, or installments of assessments, together 3,096
with interest, levied under sections 6101.01 to 6101.84 of the 3,097
Revised Code THIS CHAPTER, which become due in the ensuing year, 3,098
and such. THE annual levy shall be due and be collected at the 3,100
same time that state and county taxes are due and collected. 3,101
After bonds have been sold, in the determination of an annual 3,102
levy, the rate of interest upon the unpaid installments of an 3,103
assessment shall be the rate borne by the bonds which THAT have 3,104
been issued and sold pursuant to such THE assessment. The annual 3,105
levy as SHALL BE recorded in the conservancy assessment book 3,107
RECORD, shall be signed and certified by the president of the 3,109
board and by the secretary of the conservancy district, attested 3,110
by the seal of the district, not later than the first day of July 3,111
SEPTEMBER each year, and the levy shall thereafter become a 3,113
permanent record in the office of the district. The
THE certificate of the annual levy shall be substantially 3,115
as set forth in section 6101.84 of the Revised Code. THEN 3,116
Then shall follow a table or schedule showing in properly 3,118
ruled columns BOTH OF THE FOLLOWING: 3,119
(A) The names of the owners of the property and the names 3,121
of the public corporations assessed, which may be as they 3,122
appeared in the decree of the court confirming the appraisals; in 3,123
the case of a county, municipal corporation, or township, the 3,124
names of individual owners need not be given, but only the name 3,125
of the county, municipal corporation, or township; 3,126
(B) The descriptions of the property opposite the names of 3,128
the owners; 3,129
(C)(B) The total amount of the annual levy on each piece 3,131
of property and on each public corporation for the account of all 3,132
funds and the amount of each item making up such THE total; 3,134
(D) A blank column in which the county auditor shall 3,136
record the several amounts as collected by him; 3,137
(E) A blank column in which the auditor shall record the 3,140
68
date of payment of the different sums; 3,141
(F) A blank column in which the auditor shall report the 3,144
names of the persons paying the several amounts. 3,145
The form of the ANNUAL LEVY PORTION OF THE CONSERVANCY 3,147
assessment book RECORD as prescribed in this section may be 3,149
modified with the approval of the auditor of state. THE
Such certificate OF THE ANNUAL LEVY and report THE ANNUAL 3,152
LEVY PORTION OF THE CONSERVANCY ASSESSMENT RECORD shall be
prepared in duplicate in a well-bound book which shall be 3,154
endorsed and named "Conservancy Assessment Book RECORD of 3,155
................ District, ................. County, Ohio." The 3,156
endorsement shall also be printed at the top of each page in the 3,158
book.
One copy of that part of such duplicate THE ASSESSMENT 3,160
RECORD affecting lands and public corporations in any county 3,162
shall be forwarded to the county auditor of such THAT county. 3,163
The auditor of each county shall receive the copy as a tax book, 3,165
shall set up as a charge upon the county treasurer the total 3,166
amount of assessments levied as shown by such book THE ASSESSMENT 3,167
RECORD, and shall certify such book THE RECORD as other tax 3,168
records to the county treasurer of his THE county. The treasurer 3,169
shall collect the amount according to law. Such THE assessment 3,171
book RECORD shall be the treasurer's warrant and authority to 3,174
demand and receive the assessments due in his THE county as found 3,175
in the same THE RECORD. 3,176
In the event of any failure of the board to determine and 3,178
order an annual levy for the purpose of paying the interest and 3,179
principal of any bonds pursuant to sections 6101.01 to 6101.84 of 3,180
the Revised Code THIS CHAPTER, the auditor of the county in which 3,181
the lands and public corporations subject to such THE assessments 3,183
are situated shall make and complete a levy of the special 3,185
assessments necessary for the purpose against the lands and 3,186
public corporations in the district, and each piece of property 3,187
therein IN THAT COUNTY against which benefits have been 3,189
69
appraised. Any assessment so made and completed by the auditor 3,190
shall be made and completed by him THE AUDITOR in the manner 3,191
provided for the making and completion of an assessment by the 3,193
board, and shall have the same effect as a levy of assessments 3,194
determined and ordered by the board.
Sec. 6101.57. Each county treasurer charged with 3,203
collection of assessments shall make due report to the county 3,204
auditor of the sums collected by him THE TREASURER, and the 3,205
auditor shall issue his A warrant payable to the treasurer of the 3,207
conservancy district for all sums of money in the hands of the 3,208
county treasurer, according to such THE report. Said THE 3,209
auditor, as soon as the books RECORDS for collection are closed 3,211
by the county treasurer according to law, shall make report to 3,212
the treasurer of said THE district of the sums collected, and of 3,214
the assessments not collected, as returned to him THE AUDITOR by 3,215
the county treasurer BY THE FIRST DAY OF DECEMBER OF EACH YEAR. 3,216
The secretary of the conservancy district shall thereupon provide 3,217
a certified delinquent assessment list which shall be known as 3,219
the "Delinquent Assessment Book of ........... District, 3,220
.......... County," and forward the same in duplicate to the 3,221
auditor of said county who shall add the penalty and interest 3,222
fixed by law and transmit one copy to the county treasurer, who 3,223
shall forthwith proceed to collect said assessment and penalty 3,224
and interest, according to law. 3,225
Except as otherwise provided in section 6101.59 of the 3,227
Revised Code, the laws with respect to delinquent assessments and 3,228
taxes shall apply to all assessments and taxes provided for in 3,229
sections 6101.01 to 6101.84 of the Revised Code THIS CHAPTER, 3,230
which remain unpaid when the county treasurer closes his tax and 3,233
THE TREASURER'S assessment books RECORDS, and such THE DELINQUENT 3,234
assessments and taxes are subject to the same rate of interest 3,236
and penalty as provided by law for delinquent assessments and 3,237
taxes of other political subdivisions.
Sec. 6101.58. Before receiving the assessment book RECORD 3,246
70
provided for by section 6101.55 of the Revised Code, the county 3,247
treasurer of each county in which lands or other property of the 3,248
conservancy district are located shall execute to the district 3,249
and deliver to the board of directors of the conservancy district 3,250
a bond with a surety company authorized to conduct a surety 3,251
business in this state as surety, which bond shall be paid for by 3,252
the district, in a sum prescribed by the board and approved by 3,253
the court, conditioned that said THE treasurer shall pay over and 3,255
account for all assessments so collected by him THE TREASURER 3,257
according to law. Said THE bond after approval by said THE board 3,259
shall be deposited with the secretary of the conservancy 3,260
district, who shall be custodian thereof OF THE BOND. Such THE 3,262
secretary shall produce the bond for inspection and use as 3,264
evidence whenever and wherever lawfully requested to do so. 3,265
Sec. 6101.59. All conservancy DISTRICT assessments and 3,274
taxes provided for in sections 6101.01 to 6101.84 of the Revised 3,275
Code THIS CHAPTER, together with all penalties and interest for 3,277
default in payment of the same ASSESSMENTS, and all costs in 3,278
collecting the same ASSESSMENTS, including a reasonable 3,280
attorney's fee, to be fixed by the court and taxed as costs in 3,281
the action brought to enforce payment, from the date of filing 3,282
the certificate described in this section in the office of the 3,283
county auditor for the county wherein IN WHICH the lands and
properties or public corporations are located, until paid, shall 3,284
constitute a lien, to which only the lien of the state for 3,285
general state, county, municipal corporation, school, and road 3,286
taxes shall be paramount, upon all the lands and other property 3,287
or public corporation against which such taxes THE ASSESSMENTS 3,288
are levied as is provided in sections 6101.01 to 6101.84 of the 3,290
Revised Code THIS CHAPTER. No lands or properties to which the 3,292
lien of the conservancy DISTRICT assessments or taxes has 3,293
attached shall be forfeited to the state pursuant to its lien for 3,294
taxes except pursuant to section 5723.01 of the Revised Code. 3,295
Such THE lien of the conservancy DISTRICT assessments and taxes 3,297
71
may be evidenced by a certificate substantially in the form in 3,298
the schedule provided in section 6101.84 of the Revised Code. 3,299
The certificate and tables shall be prepared in a well-bound book 3,300
RECORD by the secretary of the conservancy district at the 3,302
expense of the district.
Unless expressly declared to the contrary, no warranty in 3,304
any warranty deed or in any deed made pursuant to a judicial sale 3,305
shall warrant against any portion of any assessment levied under 3,306
sections 6101.01 to 6101.84 of the Revised Code THIS CHAPTER, 3,307
except past and current installments payable in the year which 3,309
such THE deed bears date. 3,310
Sec. 6101.60. The "delinquent assessment book" of a 3,319
AUDITOR'S conservancy district ASSESSMENT RECORD is prima-facie 3,320
evidence in all courts of all matters therein contained IN IT. 3,322
The liens established and declared in section 6101.59 of the 3,324
Revised Code may be enforced at the option of the board of 3,325
directors of the conservancy district by an action on delinquent 3,326
tax bills or assessment bills, made and certified by the county 3,327
auditor, which action shall be instituted in the court of common 3,328
pleas, without regard to the amount of the claim, within six 3,329
months after the thirty-first day of December of the year for 3,330
which said THE assessments were levied. The suit ACTION shall be 3,331
brought in the corporate name of the district by its attorney 3,333
against the land, property, or public corporation on which such 3,334
tax or THE assessment has not been paid.
In the event of any default in the payment of the interest 3,336
or principal of any bonds or notes issued pursuant to sections 3,337
6101.01 to 6101.84 of the Revised Code THIS CHAPTER, and if the 3,338
district or its proper officers fail to enforce the payment of 3,340
any unpaid tax or assessment, the holder of such THE bonds or 3,341
notes may, for himself SELF and for the benefit of all others 3,343
similarly situated, enforce said THE liens by suit or action 3,344
against the land, property, or public corporation on which such 3,346
tax or THE assessment has not been paid, and against the 3,348
72
district. The court shall have full power, jurisdiction, and 3,349
authority to apply such tax or THE assessment when collected in 3,351
the payment of the interest or principal upon said THE bonds or 3,353
notes as justice and equity require. The suit ACTION shall be 3,354
brought in the county in which the property or public corporation 3,355
is located, except when the tract or property sued upon is in 3,356
more than one county, in which event CASE the suit ACTION may be 3,358
brought on the whole tract, parcel, or property, in any county in 3,359
which any portion thereof OF IT is located. The pleadings, 3,360
process, proceedings, practice, and sales, in cases arising under 3,362
such sections THIS CHAPTER, except as provided in such sections 3,364
THIS CHAPTER, shall be the same as in an action for the 3,366
enforcement of the state's lien for delinquent general taxes upon 3,367
real estate.
All sales of lands made under this section shall be by the 3,369
sheriff as provided by law. All sheriff's deeds executed and 3,370
delivered pursuant to sections 6101.01 to 6101.84 of the Revised 3,371
Code, THIS CHAPTER shall have the same probative force as other 3,372
deeds executed by a sheriff. Abbreviations shall not defeat the 3,374
action. The title acquired through any sale of lands or other 3,375
property under such proceedings shall be subject to the lien of 3,376
all subsequent annual installments of conservation or drainage 3,377
tax or AN assessment. 3,378
In all suits ACTIONS for the collection of delinquent taxes 3,380
or assessments, the judgment for said THE delinquent taxes or 3,382
assessments and penalty and interest shall also include all costs 3,383
of suit and a reasonable attorney's fee to be fixed by the court, 3,384
recoverable the same as the delinquent tax and in the same suit 3,385
ACTION. 3,386
The proceeds of sales made under and by virtue of such 3,388
sections THIS CHAPTER shall be paid at once to the county 3,389
treasurer and shall be properly credited and accounted for by him 3,391
THE TREASURER the same as other conservation taxes and 3,392
assessments.
73
If any assessment made pursuant to such sections THIS 3,394
CHAPTER is invalid, the board shall, by subsequent or amended 3,395
acts or proceedings, SHALL promptly remedy all defects or 3,396
irregularities as the case requires by making and providing for 3,398
the collection of new assessments or otherwise. 3,399
Sec. 6101.61. Whenever, under sections 6101.01 to 6101.84, 3,408
inclusive, of the Revised Code THIS CHAPTER, the board of 3,409
directors of a conservancy district has determined, ordered, and 3,411
levied an annual levy in accordance with section 6101.55 of the 3,412
Revised Code, the board shall certify to the governing or taxing 3,413
body of each political subdivision assessed, a notice and 3,414
statement of such THE annual levy, setting forth the total amount 3,415
payable by such THE political subdivision and included in such 3,417
THE annual levy, and the items making up such THE total. Said 3,419
THE governing or taxing body shall receive and file said THE 3,421
notice and shall promptly take all the legal and necessary steps 3,422
to provide for the payment of such THE annual levy. Said THE 3,423
governing or taxing body shall include the amount of such THE 3,425
annual levy in the tax budget for the ensuing year and shall levy 3,426
and assess a tax at a uniform rate upon all the taxable property 3,427
within the political subdivision so as to provide sufficient 3,428
funds for the payment of such THE annual levy after deduction of 3,429
any portion thereof OF THE LEVY paid from other sources, and 3,431
certify such THE tax to the county auditor. The proceeds of such 3,432
THE tax when received by such THE political subdivision shall be 3,433
deemed to be appropriated for the payment of such THE annual 3,434
levy. The auditor shall receive the certificate of such THE tax 3,436
levy and certify the same LEVY for collection to the county 3,437
treasurer, who shall collect the same, all LEVY. ALL of said THE 3,439
officers being MENTIONED IN THIS SECTION ARE authorized and 3,441
directed to take all the necessary steps for the levying,
collection, and distribution of such THE tax. 3,442
This section does not prevent the assessment of the real 3,444
estate of other corporations or persons situated within such THE 3,445
74
political subdivisions which may be subject to assessment for 3,447
special benefits to be received. 3,448
In the event of any dissolution or disincorporation of any 3,450
conservancy district organized pursuant to sections 6101.01 to 3,451
6101.84, inclusive, of the Revised Code, such UNDER THIS CHAPTER, 3,452
THE dissolution or disincorporation shall not affect the lien of 3,454
any assessment for the benefits imposed pursuant to such sections 3,455
THIS CHAPTER, or the liability of any land or of any public 3,457
corporation in such THE district to the levy of any future 3,459
assessments for the purpose of paying the principal and interest 3,460
of any bonds issued under such sections THIS CHAPTER. In the 3,462
event of any such dissolution or disincorporation, or in the 3,463
event of any failure on the part of the officers of any district 3,464
to qualify and act, or in the event of any resignations or 3,465
vacancies in office, which prevent action by said THE district or 3,466
by its proper officers, the county auditor and all other officers 3,467
charged in any manner with the duty of assessing, levying, and 3,468
collecting taxes for public purposes in any county, municipal 3,469
corporation, or political subdivision in which such THE lands are 3,471
situated shall perform all acts which THAT are necessary to the 3,473
collection of any such assessment which has OF THE ASSESSMENTS 3,474
THAT HAVE been imposed and to the levying, imposing, and 3,477
collecting of any assessment which THAT it is necessary to make 3,479
for the purpose of paying the principal and interest of such THE 3,480
bonds. Any holder of any bonds issued pursuant to sections 3,481
6101.01 to 6101.84, inclusive, of the Revised Code, THIS CHAPTER 3,482
or any person or officer who is a AN INTERESTED party interest 3,483
may either, by suit, action, or mandamus, enforce and compel 3,485
performance of the duties required by such sections THIS CHAPTER 3,487
of any of the officers or persons mentioned in such sections THIS 3,489
CHAPTER.
Sec. 6101.65. If any county treasurer or other person 3,498
entrusted with the collection of assessments fails to make prompt 3,499
payment of the tax ASSESSMENTS, or any part thereof OF THEM, WHEN 3,501
75
collected under sections 6101.01 to 6101.84, inclusive, of the 3,502
Revised Code, THIS CHAPTER to the treasurer of the conservancy 3,504
district upon his THE presentation of a proper demand, he THE 3,505
COUNTY TREASURER OR OTHER PERSON shall forfeit ten per cent on 3,506
the amount of his THE delinquency. Such THE forfeiture shall at 3,507
once become due and payable, and both he THE COUNTY TREASURER OR 3,508
OTHER PERSON and his THE sureties OF THE COUNTY TREASURER OR 3,510
OTHER PERSON shall be liable therefor FOR THE FAILURE on his THE 3,512
official bond OF THE COUNTY TREASURER OR OTHER PERSON. The 3,513
county treasurer shall retain for his THE TREASURER'S services 3,514
one per cent of the amount he THE TREASURER collects on
delinquent taxes ASSESSMENTS. 3,515
Sec. 6101.67. Each member of the board of directors of a 3,524
conservancy district and each member of the board of appraisers 3,525
of a conservancy district shall receive a sum established by the 3,526
court, but not to exceed fifty dollars a day, and his necessary 3,527
expenses for the time actually employed in performing his 3,528
OFFICIAL duties. Such THE compensation and expenses shall be 3,530
paid only upon itemized statements therefor submitted and 3,531
certified to by the individual member. 3,532
Before any duties devolve upon a county auditor or a county 3,534
treasurer under sections 6101.01 to 6101.84, inclusive, of the 3,535
Revised Code, the board of directors shall consult them and agree 3,537
upon the salaries for the extra clerical force required in their 3,538
respective offices to carry out the requirements of the law by 3,539
reason of the establishment of said district. The board of 3,541
directors shall provide for and pay said salaries to said clerks 3,542
while engaged in the work of the district. Such clerks shall be 3,543
selected and appointed by each of said county officers for their 3,545
respective offices. In case of disagreement as to the
compensation of such extra clerical force, the matter shall be 3,547
referred to the court of common pleas of the county concerned for
its determination. 3,548
Sec. 6101.68. The same land, if conducive to public 3,557
76
health, safety, convenience, or welfare, may be included in more 3,558
than one conservancy district and be subject to sections 6101.01 3,559
to 6101.84, inclusive, of the Revised Code, THIS CHAPTER for each 3,560
district in which it may be included. No district shall be 3,562
organized under such sections THIS CHAPTER in whole or in part 3,563
within the territory of a district already organized under such 3,565
sections THIS CHAPTER until the court determines whether the 3,566
public health, safety, convenience, or welfare demand the 3,567
organization of an additional district, or whether it demands 3,568
that the territory proposed to be organized into an additional 3,569
district shall be added to the existing district. If the 3,570
proceedings concerning two or more such districts are before the 3,571
court of common pleas of two or more counties, such THAT 3,572
determination shall be as provided in section 6101.69 of the 3,574
Revised Code.
Sec. 6101.69. In case IF any conservancy district is being 3,583
organized within, or partly within and partly without, the same 3,584
territory in which some other district has been or is being 3,585
organized, one judge of the court of common pleas of each county 3,586
in which such THE districts have been or are being organized 3,587
shall confer at the earliest convenient moment after they 3,588
ascertain the possibility of a conflict in jurisdiction, the 3,589
sitting to be had in the county having the largest assessed 3,590
valuation in the proposed district. 3,591
At such THE conference, the several judges shall determine 3,593
to what extent the several districts should be consolidated or to 3,595
what extent the boundaries should be adjusted in order to most 3,596
fully carry out the purposes of sections 6101.01 to 6101.84, 3,597
inclusive, of the Revised Code THIS CHAPTER. Such THE judges 3,599
shall by suitable orders make such THE determination effective. 3,601
If notices have been issued or jurisdiction acquired in any 3,603
proceeding concerning territory which is transferred to the court 3,604
of common pleas of another county, such notice THE NOTICES shall 3,605
not become void, and jurisdiction so acquired shall not be lost; 3,607
77
but, in each case, the court acquiring jurisdiction over such THE 3,609
transferred territory shall hold the same without further notice, 3,610
as if originally embraced in said THE district. At such THE 3,611
conference, the decision of the majority of the judges shall be 3,613
necessary for the determination of any matter, and, from such THE 3,614
decision, or from a failure to decide, appeal may be taken. 3,616
This section and section 6101.68 of the Revised Code do not 3,618
operate to delay or to interrupt any proceeding under sections 3,619
6101.01 to 6101.84, inclusive, of the Revised Code THIS CHAPTER, 3,620
until the question of jurisdiction has been finally determined by 3,621
the courts. 3,622
Sec. 6101.70. (A) If two or more conservancy districts 3,631
have been organized in a territory which, in the opinion of the 3,632
board of directors of the conservancy district of any one of the 3,633
districts, should constitute only one district, the board of any 3,634
one of the districts may petition the court for an order uniting 3,635
those districts into a single district. The petition shall be 3,636
filed in the office of the clerk of the court of common pleas of 3,637
that county that has the greatest valuation of real property 3,638
within the districts sought to be included, as shown by the tax 3,639
duplicates of the respective counties. The petition shall set 3,640
forth the necessity for the union of the two or more districts 3,641
and that the union of the districts would be conducive to the 3,642
public health, convenience, safety, or welfare and to the 3,643
economical execution of the purposes for which the districts were 3,644
organized. Upon receipt of the petition, the clerk shall give 3,645
notice by publication or by personal service to the boards of the 3,646
districts which THAT it is desired to unite with the district of 3,647
the petitioners. Such THE notice shall contain the time and 3,649
place where the hearing on the petition will be had and the 3,651
purpose of the same HEARING. The hearing shall be had in 3,652
accordance with sections 6101.01 to 6101.84 of the Revised Code, 3,654
THIS CHAPTER as for an original hearing. If, after the hearing, 3,656
the court finds that the averments of the petition are true and 3,658
78
that the districts, or any of them, should be united, it shall so 3,659
order, and thereafter those districts shall be united into one 3,660
and proceed as such ONE. The court shall designate the corporate 3,661
name of the united district, and such further proceedings shall 3,662
be taken as are provided for in sections 6101.01 to 6101.84 of 3,663
the Revised Code THIS CHAPTER. In accordance with division (A) 3,664
or (B) of section 6101.10 of the Revised Code, as applicable, the 3,665
court shall direct in the order who shall be the members of the 3,666
board of the united district, who shall thereafter have such THE 3,667
powers and be subject to such THE regulations as are provided for 3,668
the board in districts created in the first instance. 3,670
(B) All legal proceedings already instituted by or against 3,672
any of the constituent districts united into a single district 3,673
under division (A) of this section may be revived and continued 3,674
against the united district by an order of court substituting the 3,675
name of the united district for the constituent district, and 3,676
such THOSE proceedings shall then proceed as provided in sections 3,678
6101.01 to 6101.84 of the Revised Code THIS CHAPTER. 3,679
(C) Instead of organizing a new district from the 3,681
constituent districts, the court may do one of the following: 3,682
(1) Direct that one or more of the districts described in 3,684
the petition be included into another of the districts, which 3,685
other district shall continue under its original corporate name 3,686
and organization, unless the resulting district includes all or 3,687
parts of more than sixteen counties, in which case the court 3,688
shall appoint two additional members whose appointments and terms 3,689
of office shall comply with the requirements established in 3,690
division (C) of section 6101.10 of the Revised Code; 3,691
(2) Direct that the districts absorbed as described in 3,693
division (C)(1) of this section shall be represented on the board 3,694
of the original district, designating what members of the board 3,695
of the original district shall be retired from the new board and 3,696
what members representing the included districts shall take their 3,697
places, except that, if the resulting district includes all or 3,698
79
parts of more than sixteen counties, the court also shall appoint 3,699
two additional members whose appointments and terms of office 3,700
shall comply with the requirements established in division (C) of 3,701
section 6101.10 of the Revised Code; 3,702
(3) Direct that the included districts shall become 3,704
subdistricts of the main district. 3,705
(D) If the districts sought to be united were organized in 3,707
different counties, then the court to determine the question 3,708
involved shall consist of one judge from each of the counties in 3,709
the court of which one of the districts was organized, and a 3,710
majority shall be necessary to render a decision. From such a 3,711
THE decision, or from a failure to decide, any interested 3,712
property owner may appeal. No action under this section shall 3,714
interrupt or delay any proceeding under sections 6101.01 to 3,715
6101.84 of the Revised Code THIS CHAPTER, until the questions 3,716
involved are finally determined. 3,717
Sec. 6101.71. Whenever it is desired to construct 3,726
improvements wholly within, or partly within and partly without, 3,727
any conservancy district, which improvements will affect only a 3,728
part of said THE district, for the purpose of accomplishing such 3,729
work, subdistricts may be organized upon petition of the owners 3,731
of real property, or the governing body of any political 3,732
subdivision or watershed district created under section 6105.02 3,733
of the Revised Code, within, or partly within and partly without, 3,735
the district, or upon petition of the board of directors of the 3,736
district. Such THE petition shall fulfill the same requirements 3,737
concerning the subdistricts as the petition outlined in section 3,738
6101.05 of the Revised Code is required to fulfill concerning the 3,740
organization of the main district, and shall be filed with the 3,741
clerk of the same court of common pleas, and shall be accompanied 3,742
by a bond as provided for in section 6101.06 of the Revised Code. 3,743
All proceedings relating to the organization of such THE 3,744
subdistricts shall conform to sections 6101.01 to 6101.84, 3,745
inclusive, of the Revised Code, THE PROVISIONS OF THIS CHAPTER 3,746
80
relating to the organization of districts, except that it shall 3,748
not be necessary for the court to hold a preliminary meeting. 3,749
The judge determining that a sufficient petition has been filed 3,750
shall forthwith set a date for hearing, which shall be held not 3,751
later than sixty days after the filing of the petition, and shall 3,752
give notice thereof OF THE HEARING to the court of common pleas 3,754
of each county included in whole or in part in the main district. 3,755
The clerk of the court shall give notice of such THE hearing by 3,756
publication in the counties included in whole or in part within 3,758
the proposed subdistrict SUBDISTRICTS. Whenever the court by its 3,760
order entered of record decrees such subdistricts to be 3,761
organized, the clerk of said THE court THEN shall thereupon give 3,763
notice of such THE order to the board of directors of the 3,765
conservancy district, which THEN shall thereupon act also as the 3,766
board of directors of the subdistrict SUBDISTRICTS. Thereafter, 3,767
the proceedings in reference to the subdistrict SUBDISTRICTS 3,769
shall in all matters conform to such section; THIS CHAPTER, 3,771
except that, in appraisal of benefits and damages for the 3,773
purposes of such THE subdistricts, in the issuance of bonds or 3,774
notes, in the levying of assessments or taxes, and in all other 3,775
matters affecting only the subdistrict, such sections 3,776
SUBDISTRICTS THIS CHAPTER shall apply to this EACH subdistrict as 3,777
though it were an independent district, and it shall not, in 3,778
these things, be amalgamated with the main district. 3,779
The board of directors, board of appraisers, chief 3,781
engineer, attorney, secretary of the conservancy district, and 3,782
other officers, agents, and employees of the district shall, so 3,783
far as it is necessary, serve in the same capacities for such 3,784
EACH subdistrict, and contracts and agreements between the main 3,785
district and the EACH subdistrict may be made in the same manner 3,786
as contracts and agreements between two districts. The 3,788
distribution of administrative expense between the main district 3,789
and EACH subdistrict shall be in proportion to the interests 3,790
involved and the amount of service rendered. Such THE division 3,791
81
shall be made by the board of directors with an appeal to the 3,793
court establishing the district. This section does not prevent 3,794
the organization of independent districts for local improvements 3,795
under other laws within the limits of a CONSERVANCY district 3,796
organized under sections 6101.01 to 6101.84, inclusive, of the 3,798
Revised Code THIS CHAPTER, as provided in sections 6101.68 and 3,800
6101.69 of the Revised Code.
Sec. 6101.73. Irrigation districts may be formed under 3,809
sections 6101.01 to 6101.84, inclusive, of the Revised Code, THIS 3,810
CHAPTER by a substantial compliance as near as possible with such 3,812
sections ITS PROVISIONS. No such IRRIGATION district in its 3,814
construction or operation shall, in any manner, interfere with 3,816
works for the prevention of floods, or the drainage of lands, or 3,818
materially diminish their THE WORKS' protective value. The court 3,820
organizing such THE irrigation district shall require a statement 3,821
in the petition and proof to the effect that the organization and 3,822
operation of the same IRRIGATION DISTRICT will not materially 3,823
interfere with any works or plans for flood prevention or the 3,824
drainage or protection of lands. No improvement under such 3,825
sections THIS CHAPTER shall deprive the owners of lands lying 3,826
upon any stream of water of the ordinary flow in said THE stream 3,828
without compensation therefor. 3,829
Subject to this section, the board of directors has the 3,831
same powers as are conferred generally by sections 6101.01 to 3,832
6101.84, inclusive, of the Revised Code, so far THIS CHAPTER 3,833
INSOFAR as applicable. 3,834
Taxes ASSESSMENTS shall be levied and bonds issued as 3,836
provided in such sections THIS CHAPTER, using the words 3,837
"Conservancy Taxes ASSESSMENTS" or "Conservancy Bonds." 3,839
Sec. 6101.74. (A) If any person or public corporation, 3,848
within or without any conservancy district, considers itself 3,849
injuriously affected in any manner by any act performed by any 3,850
official or agent of such THE district, or by the execution, 3,851
maintenance, or operation of the official plan, and if no other 3,852
82
method of relief is offered under sections 6101.01 to 6101.84, 3,853
inclusive, of the Revised Code THIS CHAPTER, the remedy shall be 3,854
as follows:
(1) The person or public corporation considering itself to 3,856
be injuriously affected shall petition the court before which 3,857
said THE district was organized for an appraisal of damages 3,859
sufficient to compensate for such THE injuries. The 3,860
(2) THE court shall thereupon direct the board of 3,863
appraisers of the conservancy district to appraise said THE 3,864
damages and injuries, and to make a report to the court on or 3,866
before the time named in the order of the court. Upon
(3) UPON the filing of said THE report of the board of 3,869
appraisers, the court shall cause notice to be given to NOTIFY 3,870
the petitioner and to the board of directors of the conservancy 3,872
district of a hearing on said THE report. At the time of such 3,873
THE HEARING, the court shall consider the report of the board of 3,875
appraisers, and may ratify said THE report or amend it as the 3,876
court deems CONSIDERS equitable, or may return it to the board of 3,878
appraisers and require it to prepare a new report. Upon 3,879
(4) UPON the filing of an order of the court approving 3,881
said THE report of the board of appraisers, with such 3,882
modifications as it has made, said THE order constitutes a final 3,884
adjudication of the matter unless it is appealed from within 3,886
twenty days. Appeal to a jury from said THE order may be had by 3,887
the petitioner, by the board of directors, or by any person or 3,889
public corporation which THAT has been assessed for the costs of 3,890
the district. No 3,891
(B) NO damages shall be allowed under this section which 3,894
THAT would not otherwise be allowed in law. NOTHING IN THIS 3,895
SECTION SHALL BE CONSTRUED AS EXPRESSLY IMPOSING ANY LIABILITY 3,896
UPON A CONSERVANCY DISTRICT.
Sec. 6101.77. The performance of all duties prescribed in 3,905
sections 6101.01 to 6101.84, inclusive, of the Revised Code, THIS 3,906
CHAPTER concerning the organization and administration or 3,907
83
operation of the conservancy district may be enforced against any 3,908
officer thereof OF THE DISTRICT by mandamus at the instance of 3,909
the board OF DIRECTORS OF THE DISTRICT or of any person or public 3,911
corporation interested in any way in such THE district. The 3,912
board of directors of the conservancy district may institute 3,913
court proceedings to enforce compliance by any person or public 3,914
corporation with any order of the board of directors of the 3,915
conservancy district. The board may institute such THOSE 3,916
proceedings in the court of appeals in the first instance. 3,917
Sec. 6101.78. In any case where IF a notice and hearing by 3,926
the court are provided for in sections 6101.01 to 6101.84, 3,927
inclusive, of the Revised Code THIS CHAPTER, the court shall, 3,928
prior to the conclusion of the hearing, examine the form of the 3,930
notice and all evidence relating to the giving of such THE notice 3,931
and, if the court finds for any reason that due notice was not 3,932
given in whole or in part, whether by reason of noncompliance 3,933
with any of the requirements of said sections THIS CHAPTER or 3,934
with any applicable constitutional requirements, the court shall 3,935
not thereby lose jurisdiction, and the proceeding in question 3,936
shall not thereby be void; but the court shall in that case order 3,937
notice to be given in compliance with the requirements of said 3,938
sections THIS CHAPTER to the parties to whom due notice was not 3,939
given or the court shall order the giving of such other and 3,940
further notice as the court shall prescribe to comply with any 3,941
applicable constitutional requirements, and shall continue the 3,942
hearing until such THE time as such WHEN THE notice is properly 3,944
given, and thereupon THEN shall proceed as though notice had been 3,945
properly given in the first instance.
In case any appraisal, assessment, or levy is held void for 3,947
want of legal notice, whether by reason of noncompliance with any 3,948
of the requirements of sections 6101.01 to 6101.84, inclusive, of 3,949
the Revised Code, THIS CHAPTER or with any applicable 3,950
constitutional requirements, or in case the board of directors of 3,952
the conservancy district determines that any notice with 3,953
84
reference to any land or public corporation is faulty for one of 3,954
the same reasons, then the board may file a motion in the 3,955
original cause asking that the court order such THAT THE notice 3,956
as may be required by said sections THIS CHAPTER or any 3,958
applicable constitutional requirements to be given to the owner 3,959
of such THE land or to such THE public corporation and set a time 3,961
for hearing as provided in such sections THIS CHAPTER, and, upon 3,963
the granting of such THE motion and the giving of such THE 3,964
notice, the court thereupon THEN shall proceed as though notice 3,965
had been properly given in the first instance. If the original 3,966
notice was faulty only with reference to certain public 3,967
corporations or tracts, only such THE public corporations or the 3,968
owners of and persons interested in those particular tracts need 3,969
be notified by such THE subsequent notice. If the publication of 3,970
any notice in any county was defective or not made in time, 3,972
republication of the defective notice is necessary only in the 3,973
county in which the defect occurred. 3,974
Sec. 6101.79. All cases in which there arises a question 3,983
of the validity of the organization of conservancy districts 3,984
shall be advanced as a matter of immediate public interest and 3,985
concern, and heard in all courts at the earliest practicable 3,986
moment.
The court shall be open at all times for the purposes of 3,988
sections 6101.01 to 6101.84, inclusive, of the Revised Code THIS 3,989
CHAPTER. 3,990
Sec. 6101.80. Sections 6101.01 to 6101.84, inclusive, of 3,999
the Revised Code THIS CHAPTER shall be liberally construed to 4,000
effect the control, conservation, and drainage of the waters of 4,002
this state.
Sec. 6101.84. The following forms illustrate the character 4,011
of the procedure contemplated by sections 6101.01 to 6101.84 of 4,012
the Revised Code THIS CHAPTER, and, if substantially complied 4,014
with, those things being changed which should be changed to meet 4,015
the requirements of the particular case, such procedure shall be 4,016
85
held to meet the requirements of such sections THIS CHAPTER. 4,017
(A) Form of Notice of Hearing on the Petition: 4,019
"To all Persons and Public Corporations Interested: 4,021
Public Notice is Hereby Given: 4,023
(1) That on the ...... day of .........., 19...., pursuant 4,025
to the Conservancy Law of Ohio, there was filed in the office of 4,026
the Clerk of the Court of Common Pleas of ........... County, 4,027
Ohio, the petition of ............ and others for the 4,028
establishment of a Conservancy District to be known as .......... 4,029
Conservancy District. 4,030
(Here insert the purposes) 4,032
(2) That the lands sought to be included in said District 4,034
comprise lands in .......... and .......... Counties, Ohio, 4,035
described substantially as follows: 4,036
Beginning on the north line of .......... County at its 4,038
point of intersection with the west bank of the .......... River; 4,039
thence west along the north line of .......... County to the high 4,040
bluffs facing said .......... River on the west; thence following 4,041
the base of the line of said bluffs to the north line of the 4,042
right of way of the .......... Railroad; thence west along the 4,043
north right of way line of said Railroad to the center line of 4,044
........... Avenue in the Village of ..........; thence south 4,045
along the center line of .......... Avenue to the .......... 4,046
Pike; thence southeasterly along the .......... Pike to the 4,047
southeasterly line of the right of way of the .......... 4,048
Railroad; thence southeasterly along said right of way line to 4,049
the corporate limits of the City of ..........; thence with said 4,050
corporation line southerly, easterly, and northerly to the 4,051
southerly right of way line of the main track of the .......... 4,052
Railroad; thence easterly along said last named right of way line 4,053
to the boundary line between .......... Counties; thence north 4,054
along said County line to the southerly line of .......... 4,055
County; thence easterly along the dividing line between 4,056
.......... Counties to the easterly line of the right of way of 4,057
86
the .......... Railroad; thence northerly along said right of way 4,058
line to its intersection with the .......... Pike; thence 4,059
westerly along said Pike to the center line of the bridge over 4,060
.......... Creek; thence up said Creek and along the center line 4,061
thereof to the north line of .......... County; thence west to 4,062
the place of beginning. 4,063
Or, if found more convenient, the lands sought to be 4,065
included in the District may be described as follows: 4,066
All of Township .......... in Range ...... between the 4,068
.......... Railroad and the .......... River; the following lands 4,069
in .......... Township and ...... Range; Section ...... and the 4,070
...... half of Section ......; also all lands within the 4,071
corporate limits of the City of .......... etc. 4,072
(3) That a public hearing on said petition will be had in 4,074
said Court on ....... the ...... day of ........, ...., at the 4,075
hour of ...... o'clock .....M. by the Court of Common Pleas of 4,076
.......... County, at the Courthouse in the City of .......... 4,077
County, Ohio.
All persons and public corporations interested will be 4,079
given the opportunity to be heard at the time and place above 4,080
specified. 4,081
................................... 4,083
Clerk of the Court of Common Pleas 4,084
of .................. County, Ohio. 4,085
Dated .........., Ohio, .............., 19...." 4,088
(B) Form of Finding on Hearing: 4,090
"State of Ohio, ) 4,092
) ss. 4,093
.......... County ) 4,094
In the Court of Common Pleas of .......... County. In 4,096
Matter of .......... Conservancy District: 4,097
FINDINGS AND DECREE ON HEARING 4,098
On this ...... day of ........, 19...., this cause coming 4,100
on for hearing upon the petition of .......... and others, for 4,101
87
the organization of a Conservancy District under the Conservancy 4,102
Law of Ohio, the Court, after a full hearing now here finds: 4,103
(1) That it has jurisdiction of the parties to and the 4,105
subject matter of this proceeding. 4,106
(2) That the purposes for which said District is 4,108
established are: 4,109
(Insert the purposes) 4,110
And that it is a public necessity. 4,112
(3) That the public safety, health, convenience, and 4,114
welfare will be promoted by the organization of a Conservancy 4,115
District substantially as prayed in said petition (if additional 4,116
lands are added by petition) except, that the following 4,117
additional lands at the petition of the owners thereof should be 4,118
and hereby are included in said District: 4,119
(Here insert additional lands) 4,120
(4) That the boundaries of said District as modified by 4,122
the last finding herein are as follows: (Here insert corrected 4,123
boundaries of district) 4,124
(5) That the said territory last above described should be 4,126
erected into and created a Conservancy District under the 4,127
Conservancy Law of Ohio under the corporate name of ............ 4,128
Conservancy District. 4,129
Wherefore, it is by the Court ordered, adjudged, and 4,131
decreed: 4,132
That the territory as above described be, and the same 4,134
hereby is erected into and created a Conservancy District under 4,135
the Conservancy Law of Ohio under the corporate name of ......... 4,136
Conservancy District, with its office or principal place of 4,137
business at .........., in .......... County, Ohio. (If 4,138
directors are appointed at the same time) And the following 4,139
persons are hereby appointed directors of said Conservancy 4,140
District: 4,141
..............., for the term of three years, 4,143
..............., for the term of four years (if the 4,145
88
district includes all or parts of more than sixteen counties), 4,146
..............., for the term of five years, 4,148
..............., for the term of six years (if the district 4,150
includes all or parts of more than sixteen counties), 4,151
..............., for the term of seven years, who are 4,153
hereby directed to qualify and proceed according to law. 4,154
(6) For consideration of other matters herein, this cause 4,156
is retained on the docket. 4,157
.............................. 4,158
Judge" 4,159
(C) Form of Notice to Persons and Public Corporations to 4,162
pay Assessment: 4,163
"To all Persons and Public Corporations Interested: 4,165
Public Notice is Hereby Given: 4,167
(1) That on the ...... day of ........, 19...., the Board 4,169
of Directors of The .......... Conservancy District duly levied 4,170
an assessment upon all the benefited property and public 4,171
corporations in said District in the aggregate sum of $........., 4,172
has caused the same to be recorded upon the Assessment Record of 4,173
said District, and that said Assessment Record is now on file in 4,174
the office of the District at ............ 4,175
(2) That the assessment against any parcel of land or any 4,177
public corporation may be paid to the Treasurer of The .......... 4,178
Conservancy District at any time on or prior to .........., 19 4,179
...., without costs and without interest, and if so paid a 4,181
discount of ten per cent of the assessment will be allowed 4,182
according to law.
(3) That as soon after the ..... day of ........, 19...., 4,184
as conveniently may be, the Board of Directors of said District 4,185
will divide the uncollected assessment into convenient 4,186
installments, provide for the collection of interest on the 4,187
unpaid installments, and will issue bonds bearing interest not 4,188
exceeding the rate provided in section 9.95 of the Revised Code 4,189
in anticipation of the collection of the several installments of 4,190
89
said assessment pursuant to the Conservancy Law of Ohio. 4,191
.............................. 4,192
President 4,194
.............................. 4,196
Secretary" 4,198
(D) Form of Bond and of Coupon: 4,201
(Form of Bond) 4,202
"No. ......................... $ ............................ 4,204
UNITED STATES OF AMERICA 4,207
State of Ohio 4,208
............. Conservancy District. 4,209
Conservancy Bond. 4,210
Know all Men PERSONS by These Presents that ........... 4,212
Conservancy District, a legally organized Conservancy District of 4,213
the State of Ohio, acknowledges itself to owe and for value 4,214
received hereby promises to pay to bearer ........ Dollars 4,215
($........) on the first day of ........, 19...., with interest 4,216
thereon from the date hereof until paid at the rate of ...... per 4,217
cent per annum, payable ........, 19...., and semiannually 4,218
thereafter on the first day of ........ and of ........ in each 4,219
year on presentation and surrender of the annexed interest 4,220
coupons as they severally become due. Both principal and 4,221
interest of this bond are hereby made payable in lawful money of 4,222
the United States of America, at the office of the Treasurer of 4,223
State, in the City of Columbus, Ohio. 4,224
This bond is one of a series of bonds issued by ........... 4,226
Conservancy District for the purpose of paying the cost of 4,227
constructing a system of flood prevention (or for the other 4,228
works) for said District and in anticipation of the collection of 4,229
the several installments of an assessment duly levied upon lands 4,230
and public corporations within said District and benefited by 4,231
said improvement in strict compliance with the Conservancy Law of 4,232
Ohio, and pursuant to an order of the Board of Directors of said 4,233
District duly made and entered of record. 4,234
90
And it is hereby certified and recited that all acts, 4,236
conditions, and things required to be done in locating and 4,237
establishing said District and in equalizing appraisals of 4,238
benefits and in levying assessments against lands and public 4,239
corporations benefited thereby, and in authorizing, executing, 4,240
and issuing this bond, have been legally had, done, and performed 4,241
in due form of law; that the total amount of bonds issued by said 4,242
District does not exceed ninety per cent of the assessments so 4,243
levied and unpaid at the time said bonds are issued or any legal 4,244
limitation thereof. 4,245
And for the performance of all the covenants and 4,247
stipulations of this bond and of the duties imposed by law upon 4,248
said District for the collection of the principal and interest of 4,249
said assessments and the application thereof to the payment of 4,250
this bond and the interest thereon, and for the levying of such 4,251
other and further assessments as are authorized by law and as may 4,252
be required for the prompt payment of this bond and the interest 4,253
thereon, the full faith, credit, and resources of said .......... 4,254
Conservancy District are hereby irrevocably pledged. 4,255
In Testimony Whereof the Board of Directors of ............ 4,257
Conservancy District has caused this bond to be signed by its 4,258
President and sealed with the corporate seal of said District, 4,259
attested by its Secretary, and registered by the Treasurer of 4,260
State, and the coupons hereto annexed to be executed by the 4,261
facsimile signatures of said President and Secretary, as of the 4,262
............ day of ................, 19..... 4,263
.............................. 4,264
President 4,265
Attest: 4,266
........................ 4,267
Secretary" 4,269
(Form of Coupon) 4,271
"$....................... 4,273
(..........) 4,275
91
On the first day of ( ) 19,.... 4,276
(..........) 4,277
.................... Conservancy District promises to pay 4,279
to bearer ................ Dollars ($..........) lawful money of 4,280
the United States of America, at the office of the Treasurer of 4,281
State, Columbus, Ohio, being semiannual interest due on that date 4,282
on its Conservancy Bond dated ................, 19..... 4,283
.............................. 4,284
President 4,285
No. .................... 4,288
........................ 4,290
Secretary" 4,292
(E) Form of Notice of Enlargement of District: 4,294
"State of Ohio, ) 4,296
) ss. 4,297
County of ............. ) 4,298
In the Court of Common Pleas, 4,300
................ County, Ohio. 4,302
In the Matter of 4,304
.................. Conservancy District 4,306
NOTICE OF ENLARGEMENT OF DISTRICT 4,308
To All Persons (and Public Corporations, if any) 4,310
Interested:
Public Notice Is Hereby Given: 4,312
(1) That heretofore on the ...... day of .........., 4,315
19...., the Court of Common Pleas of ................ County,
Ohio, duly entered a final decree erecting and creating 4,316
................ Conservancy District and appointing a Board of 4,317
Directors therefor. 4,318
(2) That thereafter this Court duly appointed 4,320
........................ 4,322
........................ 4,324
........................ 4,326
........................ (if the district includes all or 4,328
92
parts of more than sixteen counties) 4,329
........................ (if the district includes all or 4,331
parts of more than sixteen counties) 4,332
to be the Board of Appraisers for said District. That said 4,334
Board of Appraisers on the ........ day of ............, 19...., 4,335
filed its report recommending that the following described lands, 4,337
not originally included in the District, be added thereto: 4,338
(Here describe generally the lands which the Report of the 4,340
Board of Appraisers recommends should be added to the District). 4,341
(3) That on ........, the ........ day of .............., 4,343
19...., (or as soon thereafter as the convenience of the Court 4,344
will permit), at the Courthouse in ............ of 4,345
.............., Ohio, the Court of Common Pleas of 4,346
.................. County, Ohio, will hear all persons and public 4,347
corporations interested upon the question whether said lands 4,348
should be added to and included in said .................... 4,349
Conservancy District. 4,350
................................... 4,351
Clerk of the Court of Common Pleas 4,352
of ........................ County,
Ohio" 4,353
(F) Form of Notice of Hearing on Appraisals: 4,356
"State of Ohio, ) 4,358
) ss. 4,359
County of .............. ) 4,360
In the Court of Common Pleas, ........... County, Ohio. 4,362
In the Matter of ) 4,364
) 4,365
......... Conservancy District ) 4,366
NOTICE OF HEARING ON APPRAISALS 4,368
To all Persons and Public Corporations Interested: 4,370
Public Notice Is Hereby Given: 4,372
(1) That heretofore on the ........ day of ............., 4,374
19...., the Court of Common Pleas of ................ County, 4,375
93
Ohio, duly entered a decree erecting and creating ............... 4,376
Conservancy District and appointing a Board of Directors 4,377
therefor. 4,378
(2) That thereafter this Court duly appointed 4,380
................................................................. 4,381
the Board of Appraisers for said District. That said Board of 4,382
Appraisers on the ........ day of ................, 19...., filed 4,383
its Appraisals of Benefits and Damages and of land to be taken as 4,384
follows: (Here insert general description of land appraised) 4,385
The said appraisal of benefits and damages and of land to 4,387
be taken is now on file in the office of the clerk of this court. 4,388
(3) All public corporations and all persons, owners of or 4,390
interested in the property described in said Report, whether as 4,391
benefited property or as property taken and damaged (whether said 4,392
taken or damaged property lies within or without said District), 4,393
desiring to contest the appraisals as made and returned by the 4,394
Board of Appraisers, must file their objections in said court on 4,395
or before the ........ day of ................, 19...., (here 4,396
insert a date thirty days after the last publication of the 4,397
notice) and a hearing on said appraisal will be had on the 4,398
........ day of ................, 19...., (here insert a date not 4,399
less than forty, nor OR more than fifty, days after the date of 4,400
the last publication of this notice, as fixed by the court) in 4,401
the City of .................., Ohio, at which time an 4,402
opportunity will be afforded all objectors to be heard upon their 4,403
several objections. 4,404
................................... 4,406
Clerk of the Court of Common Pleas 4,408
of ................... County, Ohio
Dated at the City of .................., Ohio, this ....... 4,411
day of .................., 19....." 4,412
(G) Form of Certificate of Assessment Record: 4,414
"This is to Certify: 4,416
(1) That on the ........ day of ................, 19...., 4,418
94
the Board of Directors of The .................. Conservancy 4,419
District duly levied an assessment upon all the benefited 4,420
property and public corporations in said District in the 4,421
aggregate sum of $............, together with interest, and duly 4,422
apportioned said assessment to and levied said assessment upon 4,423
each tract of land or other property and each public corporation 4,424
in said District in proportion to the benefits thereto. 4,425
(2) That the said assessment and the apportionment thereof 4,427
upon the benefited lands and public corporations have been 4,428
recorded in the Conservancy Assessment Record of The 4,429
.................. Conservancy District which contains in tabular 4,430
form A notation of the items of property and the public 4,431
corporations to which benefits have been appraised, the total 4,432
amount of benefits appraised against each item or public 4,433
corporation, and the total assessment levied against each item or 4,434
public corporation.
(3) That the Conservancy Assessment Record of The 4,436
................ Conservancy District contains a true and correct 4,437
record of the benefits approved and confirmed by the Court and of 4,438
the assessment levied by the Board of Directors thereof on 4,439
........ day of ............, 19..... 4,440
IN WITNESS WHEREOF, the President and Secretary, 4,442
respectively, of the Board of Directors of The ................ 4,443
Conservancy District have hereunto set their hands and the 4,444
corporate seal of the said District this ........ day of 4,445
............, 19..... 4,446
................................... 4,447
President 4,448
................................... 4,449
Secretary" 4,450
(H) Form of Certificate of Annual Levy: 4,452
"This is to Certify: 4,454
(1) That on the ........ day of ............, 19...., the 4,456
Board of Directors of The ................ Conservancy District 4,457
95
determined, ordered, and levied the Annual Levy of 19.... (YEAR) 4,459
upon all the benefited property and public corporations in said 4,460
District in the aggregate sum of $................ for the 4,461
account of the Bond Retirement Fund of said District and pursuant 4,462
to and being a part of assessments heretofore levied. 4,463
(2) That the said Board of Directors has duly apportioned 4,465
said Annual Levy to all of the benefited properties and public 4,466
corporations in said District and that the respective amounts of 4,467
said Annual Levy imposed upon the benefited properties and public 4,468
corporations have been recorded in the Conservancy Assessment 4,469
Book RECORD of The ................ Conservancy District, which 4,470
contains a schedule thereof. 4,471
(3) That on the ........ day of ............, 19...., the 4,473
Board of Directors of The ................ Conservancy District 4,474
duly levied a maintenance assessment for the year 19...., in the 4,475
aggregate sum of $............ for the account of the Maintenance 4,476
Fund of said District. That said maintenance assessment has been 4,477
duly apportioned to the benefited properties and public 4,478
corporations in said District in proportion to benefits and that 4,479
the amounts of said maintenance assessment imposed upon the 4,480
properties and public corporations in said District have been 4,481
recorded in the Conservancy Assessment Book RECORD of The 4,482
................ Conservancy District. 4,483
(4) That the Conservancy Assessment Book RECORD contains a 4,485
true and correct record of the Annual Levy of 19.... (YEAR) and 4,487
of the maintenance assessment for the year 19.... as determined, 4,488
ordered, and levied by the Board of Directors of The 4,489
................. Conservancy District on the ........ day of 4,490
............, 19..... 4,491
(5) That the said amounts of said Annual Levy and of said 4,493
maintenance assessment shall be collectible and payable in the 4,494
year 19.... in the sums specified at the same time that the state 4,495
and county taxes are due and collectibel COLLECTIBLE. 4,496
IN WITNESS WHEREOF, the President and Secretary, 4,498
96
respectively, of the Board of Directors of the ................ 4,499
Conservancy District have hereunto set their hands and the 4,500
corporate seal of this said District this ........ day of 4,501
............, 19..... 4,502
................................... 4,503
President 4,504
................................... 4,505
Secretary" 4,506
Section 2. That existing sections 5511.04, 6101.01, 4,508
6101.02, 6101.03, 6101.04, 6101.07, 6101.08, 6101.11, 6101.12, 4,509
6101.13, 6101.15, 6101.16, 6101.17, 6101.19, 6101.23, 6101.25, 4,510
6101.30, 6101.31, 6101.32, 6101.33, 6101.36, 6101.38, 6101.39, 4,512
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, 4,513
6101.54, 6101.55, 6101.57, 6101.58, 6101.59, 6101.60, 6101.61, 4,514
6101.65, 6101.67, 6101.68, 6101.69, 6101.70, 6101.71, 6101.73, 4,515
6101.74, 6101.77, 6101.78, 6101.79, 6101.80, and 6101.84 of the 4,516
Revised Code are hereby repealed.