As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 617 5
1999-2000 6
REPRESENTATIVES MOTTLEY-NETZLEY-BRITTON-ALLEN-JOLIVETTE- 8
GRENDELL-SCHULER-JACOBSON-VESPER-WIDENER-HARRIS-ASLANIDES- 9
CORBIN-A. CORE-ROBERTS-TIBERI-PETERSON-BENDER-YOUNG- 11
SENATORS HORN-CARNES-NEIN-SCHAFRATH-McLIN-WACHTMANN-WHITE-
SPADA-DRAKE-GARDNER-ARMBRUSTER-MUMPER 12
_________________________________________________________________ 14
A B I L L
To amend sections 5511.04, 6101.01, 6101.02, 16
6101.03, 6101.04, 6101.07, 6101.08, 6101.11, 17
6101.12, 6101.13, 6101.15, 6101.16, 6101.17,
6101.19, 6101.23, 6101.25, 6101.30, 6101.31, 18
6101.32, 6101.33, 6101.36, 6101.38, 6101.39, 19
6101.40, 6101.41, 6101.42, 6101.43, 6101.44,
6101.441, 6101.45, 6101.48, 6101.49, 6101.50, 21
6101.501, 6101.51, 6101.52, 6101.53, 6101.54,
6101.55, 6101.57, 6101.58, 6101.59, 6101.60, 22
6101.61, 6101.65, 6101.67, 6101.68, 6101.69, 23
6101.70, 6101.71, 6101.73, 6101.74, 6101.77,
6101.78, 6101.79, 6101.80, and 6101.84 of the 24
Revised Code to update the provisions of the
Conservancy District Law for both technical and 25
substantive purposes, including modifications to 26
notifications and other procedures relative to
appraisals, anticipatory notes, bonds, and 27
assessments.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 5511.04, 6101.01, 6101.02, 31
6101.03, 6101.04, 6101.07, 6101.08, 6101.11, 6101.12, 6101.13, 32
6101.15, 6101.16, 6101.17, 6101.19, 6101.23, 6101.25, 6101.30, 33
2
6101.31, 6101.32, 6101.33, 6101.36, 6101.38, 6101.39, 6101.40, 35
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, 36
6101.55, 6101.57, 6101.58, 6101.59, 6101.60, 6101.61, 6101.65, 37
6101.67, 6101.68, 6101.69, 6101.70, 6101.71, 6101.73, 6101.74, 38
6101.77, 6101.78, 6101.79, 6101.80, and 6101.84 of the Revised 39
Code be amended to read as follows:
Sec. 5511.04. The director of transportation may relocate 48
and for such THAT purpose construct or reconstruct such THE 50
relocated portions of all roads, highways, and streets, within, 51
leading through, or adjacent to any lands owned by a conservancy 52
district organized under sections 6101.01 to 6101.84 CHAPTER 53
6101. of the Revised Code, or lands on which any such CONSERVANCY 55
district has a flood easement, construction easement, or 57
right-of-way.
The director may co-operate COOPERATE in the construction, 59
reconstruction, improvement, repair, and maintenance of roads 60
leading from a state highway to any public park, forest preserve, 61
or recreational area, or within the boundary of any public park, 62
forest preserve, or recreational area, under the control and 63
custody of such A CONSERVANCY district. 64
The director shall confer with the board of directors of 66
any such A CONSERVANCY district upon the construction, 67
reconstruction, location, or relocation of any roads or highways 69
which THAT must be in conformity with the general engineering 71
plans of the district.
With respect to any such road improvement projects, the 73
director may, upon the terms mutually agreed between the director 75
and the board of the district, in view of the benefits to be 76
derived, enter into any contracts with such THE district as may 77
be necessary or convenient to carry out the general plans of the 79
district.
The costs of such THE improvements shall be paid in the 81
same manner as for a state highway improvement, provided the 82
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expenditures in any one year shall not exceed two hundred 83
thousand dollars. 84
This section does not derogate or limit the powers of the 86
director to add additional mileage to the state highway system. 87
This section does not derogate or limit the power and 89
authority conferred upon a district and its board by sections 90
6101.01 to 6101.84 CHAPTER 6101. of the Revised Code. 92
Sec. 6101.01. As used in sections 6101.01 to 6101.84, 101
inclusive, of the Revised Code THIS CHAPTER: 102
(A) "Publication" OR "PUBLISHED" means once a week for 104
three consecutive weeks in each of two newspapers of different 106
political affiliations if there are such newspapers, and A 107
NEWSPAPER of general circulation in the COUNTY OR counties 108
wherein such WHERE THE publication is to be made. Such 111
publication need not be made on the same day of the week in each 112
of the three weeks; but not less than fourteen days, excluding 113
the day of the first publication, shall intervene between the 114
first publication and the last publication. Publication shall be 115
complete on the date of the last publication. Where such WHEN A 116
publication is required to be made by a conservancy district or 118
its board of directors, a copy of such THE publication, certified 120
by the secretary of the conservancy district to have been 121
published in accordance with the provisions of this division of 122
section 6101.01 of the Revised Code, shall be admitted in any 123
court of this state as prima-facie evidence that such THE 124
publication has been made as herein provided for. 125
(B) "Person" means person, firm, partnership, association, 127
or corporation, other than HAS THE SAME MEANING AS IN SECTION 128
1.59 OF THE REVISED CODE. "PERSON" DOES NOT INCLUDE A county, 129
township, municipal corporation, or other political subdivision 130
OF THE STATE.
(C) "Public corporation" or "political subdivision" means 132
counties, townships, municipal corporations, school districts, 133
road districts, ditch districts, park districts, levee districts, 134
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and all other governmental agencies clothed ENTITIES VESTED with 135
the power of levying general TO LEVY ASSESSMENTS or special 137
taxes.
(D) "Court" means the court of common pleas in which the 139
petition for the organization of a conservancy district was IS 140
filed and granted, as presided over by the judges provided FOR in 142
section 6101.07 of the Revised Code. 143
(E) "Land" or "property," unless otherwise specified, 145
means real property, as "real property" THAT TERM is used in and 147
defined by the laws of this state, and embraces INCLUDES all 149
railroads, tramroads, roads, electric railroads, street and 151
interurban railroads, streets and street improvements, telephone, 152
telegraph, and transmission lines, gas, sewerage, and water 153
systems, pipe lines and rights of way of public service 154
corporations, and all other real property whether public or 155
private REAL PROPERTY.
(F) "Underground water" means any water under the surface 157
of the land or under the bed of any stream, lake, reservoir, or 158
other body of surface water. 159
(G) "Aquifer" means any underground water-bearing bed or 161
stratum of earth, gravel, sand, or porous stone having boundaries 162
that may be ascertained or reasonably inferred, in which water 163
stands, flows, or percolates. 164
Sec. 6101.02. (A) The bonds issued under sections 6101.01 173
to 6101.84, inclusive, of the Revised Code, THIS CHAPTER may be 174
called "conservancy bonds," and THE TERM shall be so engraved or 176
printed on their THE face OF THE BONDS. 177
(B) The tax books and records provided for in such 179
sections THIS CHAPTER shall be termed "conservancy books" or 181
"conservancy records," and such titles shall be printed, stamped, 184
or written thereon.
Sec. 6101.03. (A) In any orders of the court, the words 193
"The court now here finds that it hath jurisdiction of the 195
parties to and of the subject matter of this proceeding" are 196
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equivalent to a finding that each jurisdictional fact necessary 197
to confer plenary jurisdiction upon the court, beginning with the
proper signing and filing of the initial petition to the date of 198
the order containing such THAT recital, has been scrutinized by 199
the court and has been found to meet every legal requirement 201
imposed by sections 6101.01 to 6101.84, inclusive, of the Revised 202
Code THIS CHAPTER.
(B) No other evidence of the legal hypothecation of the 204
special tax ASSESSMENTS to the payment of the bonds is required 206
than the passage of a bonding resolution by the board of 208
directors of a conservancy district and the issuance of bonds in
accordance therewith WITH THE RESOLUTION. 209
(C) In the preparation of any assessment or appraisal 211
record, the usual abbreviations employed by engineers, surveyors, 213
and abstractors may be used.
(D) Where properly to describe any parcel of land, it 215
would be necessary to use a long description, the board of 216
appraisers of a conservancy district, after locating the land 217
generally, may refer to the book and page of the public record of 219
any instrument in which the land is described, which reference
shall suffice to identify for all the purposes of such sections 220
THIS CHAPTER the land described in the public record so referred 221
to.
(E) Except as otherwise provided in section 6101.32 of the 223
Revised Code, it IT is not necessary in any notice required by 224
such sections to be published to specify the names of the owners 226
of the lands or of the persons interested therein; but, except as 227
otherwise provided in section 6101.32 of the Revised Code, any 229
such IN THE LANDS. A notice may be addressed "To All Persons or 230
Public Corporations Interested" with like effect as though such 231
THE notice named by name every owner of any lands within the 234
territory specified in the notice and, every person interested 236
therein IN THE LANDS, and every lienor, actual or inchoate, WITH 237
RESPECT TO THE LANDS.
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(F) Every district declared upon hearing to be a 239
conservancy district shall thereupon become UPON THAT DECLARATION 240
a political subdivision and a public corporation of the state, 241
invested with all the powers and privileges conferred upon such 242
CONSERVANCY districts by such sections THIS CHAPTER. 243
Sec. 6101.04. Any area or areas situated in one or more 252
counties may be organized as a conservancy district, in the 253
manner and subject to the conditions provided by sections 6101.01 254
to 6101.84, inclusive, of the Revised Code, THIS CHAPTER for any 256
of the following purposes:
(A) Preventing floods; 258
(B) Regulating stream channels by changing, widening, and 260
deepening the same STREAM CHANNELS; 261
(C) Reclaiming or filling wet and overflowed lands; 263
(D) Providing for irrigation where it may be needed; 265
(E) Regulating the flow of streams and conserving the 267
THEIR waters thereof; 268
(F) Diverting or in whole or in part eliminating 270
watercourses;
(G) Providing a water supply for domestic, industrial, and 272
public use;
(H) Providing for the collection and disposal of sewage 274
and other liquid wastes produced within the district; 275
(I) Arresting erosion along the Ohio shore line of Lake 277
Erie.
This section does not terminate the existence of any 279
district organized prior to July 19, 1937, entirely within a 280
single county.
The purposes of a district may be altered by the same 282
procedure as provided for the establishment of such a THE 283
district.
Sec. 6101.07. Upon the determination of a judge of the 292
court of common pleas that a sufficient petition has been filed 293
in such THE court in accordance with section 6101.05 of the 294
7
Revised Code, he THE JUDGE shall give notice thereof OF THE 296
PETITION to the court of common pleas of each county included in 299
whole or in part within the proposed conservancy district. The 300
judge of the court of common pleas of each such county, or in the 301
case of any county having more than one such judge, one judge 302
assigned by order of the judges of the court of common pleas 303
thereof OF THE COUNTY, shall sit as the court of common pleas of 305
the county wherein IN WHICH the petition was filed to exercise 306
the jurisdiction conferred by sections 6101.01 to 6101.84, 307
inclusive, of the Revised Code THIS CHAPTER. In case of the 308
inability to serve of the judge of any county having only one 310
judge, the chief justice of the supreme court, upon application 311
of any interested person and proper showing of need, may assign a 312
judge from another county to serve as a judge for such THE county 313
during the disability of its local judge. The court of any 315
county, presided over by the judges provided for in this section, 316
may establish conservancy districts when the conditions stated in 317
section 6101.05 of the Revised Code are found to exist. Except 318
as otherwise provided by sections 6101.08 to 6101.84, inclusive, 319
of the Revised Code, such IN THIS CHAPTER, THE court has, for all 320
purposes of sections 6101.01 to 6101.84, inclusive, of the 322
Revised Code THIS CHAPTER, original and exclusive jurisdiction 324
coextensive with the boundaries and limits of the district or 325
proposed district and of the lands and other property included 326
in, or proposed to be included in, such THE district or affected 327
by such THE district, without regard to the usual limits of its 328
jurisdiction. The judges of the court shall meet in the first 329
instance upon the call of the judge determining the sufficiency 330
of the petition and shall elect one of their number as presiding 331
judge. Each judge when sitting as a member of the court shall 332
receive such compensation and allowance for expenses as provided 333
by law for a judge of the court of common pleas serving by 334
assignment outside the county wherein he IN WHICH THE JUDGE 335
resides, which shall be paid as other expenses of the
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organization or operation of the district are paid. 336
The court shall adopt rules of practice and procedure not 338
inconsistent with sections 6101.01 to 6101.84, inclusive, of the 339
Revised Code, THIS CHAPTER and the general laws of this state. 340
If the court consists of more than three judges, it may designate 342
three of its members from three different counties to preside 343
over the court, hear matters coming before the court, and make 344
determinations and decisions or findings and recommendations, as 345
the rules of the court provide, with respect to any matters 346
authorized by such THE rules, the disposition of which is vested 348
in the court, except that it shall not make final decisions and 349
orders as to THE FOLLOWING:
(A) The establishment, dissolution, or merger of the 351
district or of subdistricts thereof OF IT; 352
(B) The adoption, rejection, or amendment of the official 354
plan; 355
(C) The appointment and removal of directors and 357
appraisers; 358
(D) The confirmation of the appraisers' report of 360
benefits, damages, and appraisals of property; 361
(E) The authorization of maintenance assessments in excess 363
of one per cent of benefits; 364
(F) The authorization of a readjustment of the appraisal 366
of benefits in accordance with section 6101.54 of the Revised 367
Code; 368
(G) The approval of the method of financing improvements 370
and activities under section 6101.25 of the Revised Code; 371
(H) The determination of rates of compensation for water 373
under sections 6101.24 and 6101.63 of the Revised Code; 374
(I) The examination of the annual report of the board of 376
directors of the conservancy district as provided under section 377
6101.66 of the Revised Code. 378
The concurrence of two of the three judges so designated 380
shall be necessary for any action or determination thereby BY THE 381
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JUDGES, and it has, if so provided by the rules of the court, the 383
same effect as though taken or made by the full court. All 384
actions and determinations by the full court require the 385
affirmative vote of a majority of the judges constituting the 386
court. In all cases in which the judges are evenly divided, that 387
side with which the presiding judge votes shall prevail. In the 388
event IF the court consists of two judges and they find 389
themselves unable to agree on any question left to their 390
decision, a judge of the court of common pleas of some other 391
county shall be designated by the chief justice of the supreme 392
court to sit and vote as a third member of the court until such 393
THE question is decided.
When the court by its order entered of record decrees that 395
a subdistrict be organized, the judge of the court of common 396
pleas of each county included in whole or in part in the 397
subdistrict, or in the case of any such county having more than 398
one such judge, one judge assigned by order of the judges of the 399
court of common pleas thereof OF THE COUNTY, shall sit as the 400
court of common pleas, with jurisdiction in all matters relating 402
to the subdistrict, the disposition of which is vested in the 403
court, except those listed in paragraph DIVISIONS (A), (C), and 404
(I) of this section, which shall remain the responsibility of the 406
full court.
Sec. 6101.08. At the preliminary meeting of the court, it 415
shall fix the time and place of the hearing on the petition for 417
the establishment of the proposed conservancy district, which 418
hearing shall be held not later than sixty days thereafter, and 419
the clerk of such THE court shall give notice of such THE hearing 420
by publication. Any owner of real property in a proposed 421
district who individually has not signed such a THE petition and 422
who wishes to object to the organization and incorporation of 424
said THE district shall, on or before the date set for the cause 426
to be heard, file his THE OWNER'S objections to the organization 427
and incorporation of such THE district. Similarly, objections 428
10
may be filed by any public corporation which THAT has not signed 430
such THE petition. Such THE objections shall be limited to a 432
denial of the statements in the petition, and shall be heard by 434
the court as an advanced case without unnecessary delay. 435
Upon the hearing, if it appears that the purposes of 437
sections 6101.01 to 6101.84, inclusive, of the Revised Code, THIS 438
CHAPTER would be subserved by the creation of a district, the 440
court, after disposing of all objections as justice and equity
require, shall by its findings, duly entered of record:, 441
adjudicate all questions of jurisdiction; determine that the 443
organization of the district for the purposes for which it is 444
being organized, and that the surveys, plans, appraisals of 445
benefits and damages, estimates of cost, land options, and the
preparation of an official plan, will benefit the area within the 446
territorial boundaries of the district; declare the district 448
organized; AND give it a corporate name by which in all 450
proceedings it shall thereafter be known. A district so
organized shall be a political subdivision of the state and a 451
body corporate with all the powers of a corporation, and shall 452
have perpetual existence, with power to sue and be sued, to incur 453
debts, liabilities, and obligations, to exercise the right of 454
eminent domain and of taxation and assessment as provided in such 456
sections THIS CHAPTER, to issue bonds, and to do all acts 457
necessary and proper for the carrying out of the purposes for 458
which the district was created and for executing the powers with 459
which it is invested.
In such THE decree, the court shall designate the place 461
where the office or principal place of business of the district 463
shall be located, which shall be within the corporate limits of 464
the district if practicable, and which may be the district shall 465
be held at such THE office or place of business, but for cause 466
may be adjourned to any other convenient place. The official 467
records and files of the district shall be kept at such THE 469
office except as otherwise approved by the court. 471
11
If the court finds that the property set out in said THE 473
petition should not be incorporated into a district, it shall 475
dismiss said THE proceeding, and adjudge the costs against the 478
signers of the petition in the proportion of the interest
represented by them. 479
After an order is entered, either dismissing the petition 481
or establishing the district, such THE order is a final order and 482
may be appealed by any interested party or by the state, within 484
twenty days from the date that the order is entered. The 485
organization of said THE district shall not be directly or 486
collaterally questioned in any suit, action, or proceeding except 487
as expressly authorized in sections 6101.01 to 6101.84, 488
inclusive, of the Revised Code THIS CHAPTER. 489
Sec. 6101.11. Each member of the board of directors of a 498
conservancy district, before entering upon his THE MEMBER'S 499
official duties, shall take and subscribe to an oath before a 501
suitable officer that he THE MEMBER will honestly, faithfully, 502
and impartially perform the duties of his office, and that he THE 503
MEMBER will not be interested directly or indirectly in any 506
contract let by said THE district. Said THIS oath shall be filed 507
in the office of the clerk of the court in the original case. 508
Upon THE MEMBERS' taking OF the oath, the board shall choose one 510
of its number as president of the board, and may elect another as 512
vice-president. The board shall elect some suitable person 513
secretary of the conservancy district, who shall not be a member
of the board. Such 514
THE board shall adopt a seal, and shall keep in a 516
well-bound book a record of all OF its proceedings, minutes of 518
all OF ITS meetings, certificates, contracts, bonds given by 520
employees, and all corporate acts. Such book THE RECORD shall be 522
open to the inspection of all owners of property in the district,
as well as to all other interested parties. The 524
THE board shall adopt bylaws governing the administration 528
of the affairs of the district.
12
A majority of the board constitutes a quorum, and a 530
concurrence of the majority in any matter within the board's 532
duties is sufficient for its determination. All actions of the 533
board shall be by motion or resolution.
Sec. 6101.12. The secretary of the conservancy district 542
shall be the custodian of the records of the district and of its 543
corporate seal and shall assist the board of directors in such 544
THE particulars as it directs in the performance of its duties. 546
The secretary shall attest, under the corporate seal of the 547
district, all certified copies of the official records and files 548
of the district that are required of him THE SECRETARY by 549
sections 6101.01 to 6101.84, inclusive, of the Revised Code, THIS 550
CHAPTER or by any person ordering such copies and paying the 552
reasonable cost of transcription. Any portion of a record so 554
certified and attested prima-facie imports verity. The secretary 555
shall serve also as treasurer of the conservancy district, unless 556
a treasurer is otherwise provided for by the board. 557
The board may employ a chief engineer; an attorney; and 559
such other engineers, attorneys, agents, and assistants as are 560
needed, and may provide for their compensation, which, with all 561
other necessary expenditures, shall be taken as a part of the 562
cost of the improvement. 563
The employment of the secretary, treasurer, chief engineer, 565
and attorney for the district shall be evidenced by agreements in 566
writing, which, so far as possible, shall specify the amounts to 567
be paid for their services. 568
The chief engineer shall be superintendent of all the works 570
and improvements, and shall make a full report to the board each 571
year, or oftener MORE OFTEN if required, and may make such 573
suggestions and recommendations to the board as he deems THE 574
CHIEF ENGINEER CONSIDERS proper. 575
The board may require any officer or employee of the 577
district to give bond for the faithful performance of his THE 578
OFFICER'S OR EMPLOYEE'S OFFICIAL duties in an amount prescribed 579
13
by it, the expense thereof OF THE BOND to be paid from the funds 580
of the district. 581
The secretary or treasurer may take and certify the 583
acknowledgment of instruments granting easements or rights-of-way 584
to the district. Such acknowledgment ACKNOWLEDGMENT and 585
certification, subscribed by the secretary or treasurer, is an 587
acknowledgment and certification for purposes of section 5301.01 588
of the Revised Code. 589
Sec. 6101.13. Upon its qualification, or as soon 598
thereafter as practicable, the board of directors of a 599
conservancy district shall prepare a plan for such THE part or 600
parts of the improvements for which the district was created as 602
the board of directors shall deem CONSIDERS advisable. Such THE 604
plan shall be filed, in accordance with this section, within two 605
years from the date of the order establishing the district. The 606
court may grant extensions of time allowed for the filing of the 607
plan if the board of directors so requests, for good cause shown. 608
No plan or portion of a plan shall be prepared providing a water 609
supply for domestic, industrial, or public use, or providing for 610
the collection and disposal of sewage and other liquid wastes, 611
for any municipal corporation, unless the governing body of such 612
THE municipal corporation has petitioned the board to provide a 613
water supply or a system for the collection and disposal of 614
sewage and other liquid wastes, or has signed the petition 615
initiating the proceeding by which the district acquired 616
authority to undertake such improvements. Such THE plan shall 617
include such THE maps, profiles, plans, and other data and 619
descriptions as are necessary to set forth properly the location 620
and character of the work and of the property benefited or taken 621
or damaged, with estimates of cost for doing the work, including 622
the proportion of the total cost to be assessed within the 623
district, a breakdown of the sources of funds to be used in 624
making the improvements, and the extent of participation, if any, 625
by other political agencies in constructing the work. 626
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If the board finds that any former survey made by any other 628
district or in any other matter is useful for the purposes of the 629
district, the board may take over the data secured by such THAT 630
survey, or such other proceedings as is useful to it, and may pay 631
therefor an amount equal to the value of such THAT data to said 633
THE OTHER district. No construction shall be made under sections 634
6101.01 to 6101.84 of the Revised Code, which THIS CHAPTER THAT 635
will cause the flooding of any municipal corporation or which 637
THAT will cause the water to back up into any municipal 639
corporation, unless the board has acquired and paid for the right 640
to use the land affected for such purpose, and has paid all 641
damages incident thereto TO THE FLOODING OR BACK-UP. No railroad 642
shall be required to be constructed with a grade in excess of the 643
maximum ruling grade then existing upon that division of said THE 644
railroad whereon said WHERE THE change is required. 646
Upon the completion of such THE plan, the board shall file 648
a copy thereof OF IT with the environmental protection agency, 650
which may approve or reject any provisions thereof OF THE PLAN 652
relating to the supplying of water for domestic, industrial, and 654
public use or to the collection and disposal of sewage and other 655
liquid wastes. In deciding whether to approve or reject such THE 656
provisions, the agency shall consider, among other factors, the 658
protection of the public health, and compliance with air and 659
water quality standards and regulations and solid waste disposal 660
requirements. If the department AGENCY rejects such THE 661
provisions or refers them back for amendment, the board shall 663
prepare other or amended provisions relating thereto. If the 664
agency approves the provisions, it shall certify a copy of its 665
action to the board, which shall file it as a record of the 666
district.
Upon the completion of the plan and the approval by the 668
agency, the board shall cause GIVE notice of the completion of 669
such THE plan to be given by publication in accordance with 671
section 6101.01 of the Revised Code, and shall file a copy of 672
15
such THE plan in the office of the clerk of the COURT OF common 674
pleas court of each county in which works of improvement are 676
proposed, or in which property would be benefited, damaged, or 677
taken by the execution of such THE plan. Such copies COPIES 678
shall be available for inspection by all persons, public 680
corporations, and agencies of the state government interested. 681
The board shall make copies of the plan available to any 682
interested party, such AND MAY CHARGE FOR THE copies to be 683
supplied only at the cost thereof OF THEIR PRODUCTION. 684
Said THE notice shall fix the times and places for the 686
hearing of all objections to said THE plan, which shall be not 687
less than twenty nor OR more than thirty days after the last 689
publication of said THE notice. The board, or its duly appointed 691
representative under this section, may, upon motion and for good 693
cause shown, or upon its THE BOARD'S or his REPRESENTATIVE'S own 694
motion, grant continuances to a day certain of the hearing on the 697
plan. Such ANY continuances shall not necessitate additional 698
notice. All objections to said THE plan shall be in writing and 700
filed with the secretary of the conservancy district at his THE 701
SECRETARY'S office not more than twenty days after the last 702
publication of said THE notice. A hearing on the objections so 704
filed shall be provided for by the board in the county seat of 705
each county in which a copy of the plan has been filed as 706
required by this section, but such THE hearing may be canceled in 707
any county from which no objections have emanated either from a 709
resident or owner of property located therein WITHIN THE COUNTY. 710
The board may, if it deems CONSIDERS IT necessary, appoint one or 712
more representatives, each of whom shall be assigned by the board 713
to conduct one or more of the hearings on the objections as 714
required by this section and to cause MAKE a record to be made of 716
each of such THE hearings and to report such THE record back to 718
the board. After said THE hearings, the board shall adopt the 720
plan with or without modifications as the official plan of the 721
district. Within ten days after the adoption of the official 722
16
plan by the board, the secretary of the conservancy district 723
shall certify a copy thereof OF IT and deposit it with the clerk 725
of the court, who shall file it in the original case. If any 726
person, public corporation, or agency of the state government
objects to said THE official plan, so AS adopted, then such THE 728
person, public corporation, or agency of the state government 729
may, within thirty days from the adoption of said THE official 730
plan, file their objections in writing, specifying the features 732
of the plan to which they object, in the original case 733
establishing the district in the office of the clerk of the 734
court. The clerk of the court shall fix a day for a hearing upon 735
said ON THE official plan before the court, which shall not be 737
less than twenty nor OR more than thirty days after the time 740
fixed for filing objections, at which time the court shall hear 741
any objections so filed and approved APPROVE, reject, or refer 742
back said THE plan to the board. 743
The court may, upon motion and for good cause shown, or 745
upon its own motion, grant continuances to a date certain of the 746
hearing on the plan when it is made to appear to the court that 747
further time is needed for study of the plan by objectors. Such 748
ANY continuances shall not necessitate additional notice. If the 750
court rejects said THE plan, the board shall proceed as in the 751
first instance under this section to prepare another plan. If 753
the court refers said THE plan to said THE board for amendment, 755
then the court shall continue the hearing to a day certain 756
without publication of notice. If the court approves said THE 757
plan as the official plan of the district, a certified copy of 759
the journal entry of the court shall be filed with the secretary, 760
and by him incorporated THE SECRETARY SHALL INCORPORATE IT into 761
the records of the district. The board, with the approval of the 763
court, may alter or add to the official plan until the appraisal 764
record is filed, and THE BOARD OF APPRAISERS OF THE CONSERVANCY 765
DISTRICT SHALL TAKE NOTICE of all such OF THE alterations and 767
additions the board of appraisers of the conservancy district
17
shall take notice; but if. IF, in the judgment of the court, any 770
such alteration or addition is material in character, the 771
procedure thereon ON IT shall be the same as on the adoption of 772
the plan. After the appraisal record has been filed in court, no 774
alterations of the official plan or additions thereto TO IT shall 775
be made except as provided in section 6101.39 of the Revised 777
Code.
The board of directors of a conservancy district shall have 779
full power and authority to devise, prepare for, execute, 780
maintain, and operate all works or improvements necessary or 781
desirable to complete, maintain, operate, and protect the 782
official plan. It may secure and use men WORKERS and equipment 783
under the supervision of the chief engineer or other agents, or 784
it may let ENTER INTO contracts for such THE works, either as a 786
whole or in parts.
Sec. 6101.15. In order to accomplish the purposes of the 795
conservancy district, the board of directors of a conservancy 796
district may DO THE FOLLOWING: 797
(A) Clean out, straighten, widen, alter, deepen, or change 799
the course or terminus of any ditch, drain, sewer, river, 800
watercourse, pond, lake, creek, or natural or artificial stream 801
located in or out of said THE district; 802
(B) Fill up any abandoned or altered ditch, drain, sewer, 804
river, watercourse, pond, lake, creek, or natural or artificial 805
stream, and concentrate, divert, or divide the flow of water in 806
or out of said THE district; 807
(C) Construct, acquire, operate, and maintain main and 809
lateral ditches, sewers, canals, levees, dikes, dams, sluices, 810
revetments, reservoirs, holding basins, floodways, wells, 811
intakes, pipe lines, purification works, treatment and disposal 812
works, pumping stations and siphons, and any other works and 813
improvements deemed CONSIDERED necessary to accomplish the 814
purposes of the district or to construct, preserve, operate, or 816
maintain such THE works in or out of said THE district. Sections 818
18
6101.01 to 6101.84, inclusive, of the Revised Code do THIS 820
CHAPTER DOES not limit the authority of public corporations to 822
install, maintain, and operate sewerage systems and water-works 823
systems as otherwise permitted by law;, but the board shall have 824
full power to require the use of the improvements constructed or 825
acquired by the district for the purpose of water supply or the 826
collection and disposal of sewage and other liquid wastes by the 827
public corporations and persons within the district for which 828
such THE improvements were installed;. 829
(D) Afforest lands owned by the district; 831
(E) Install improvements on lands owned or controlled by 833
the district for the proper maintenance thereof OF THE LANDS, or 834
for the purpose of preventing or minimizing damage to the works 836
and improvements of the district; 837
(F) Construct connections to the works of the district for 839
the delivery of a water supply therefrom FROM THE WORKS or for 840
the delivery of sewage and other liquid wastes thereto TO THE 842
WORKS;
(G) Construct or enlarge any bridges that may be needed in 844
or out of said THE district; 845
(H) Construct or elevate roadways and streets; 847
(I) Construct any of said THE works and improvements 849
across, through, or over any public highway, canal, railroad 850
right of way, track, grade, fill, cut, or other public or private 851
property located in or out of said THE district; 852
(J) Remove or change the location of any fence, building, 854
railroad, canal, or other structure or improvement located in or 855
out of said THE district, but if it is not feasible or economical 857
to move any building, structure, or improvement situated in or 858
upon lands required by the district and if the cost to the 859
district is determined by the board to be less than that of 860
purchase or condemnation, the board may acquire land and 861
construct, acquire, or install, therein or upon, buildings, 862
structures, or improvements, similar in purpose, to be exchanged 863
19
for the aforementioned buildings, structures, or improvements 864
under contracts entered into between the owner thereof OF THEM 865
and the district; 866
(K) Hold, encumber, control, acquire by donation, 868
purchase, or condemnation, construct, own, lease, use, and sell 869
real and personal property, and any easement, riparian right, 870
railroad right of way, canal, cemetery, sluice, reservoir, 871
holding basin, milldam, water power, wharf, or franchise in or 872
out of said THE district for right of way, holding basin, 873
location, or protection of works and improvements, relocation of 875
communities and of buildings, structures, and improvements 876
situated on lands required by the district, or for any other 877
necessary purpose, or for obtaining or storing material to be 878
used in constructing and maintaining said THE works and 879
improvements; 880
(L) Replat or subdivide land, open new roads, streets, and 882
alleys, or change the course of an existing one, and install 883
therein improvements to replace those in the former roads, 884
streets, or alleys; 885
(M) Procure insurance against loss to the district by 887
reason of damage to its properties, works, or improvements 888
resulting from fire, theft, accident, or other casualty or by 889
reason of the liability of the district for any damages to 890
persons or property occurring in the operation of the works and 891
improvements of the district or the conduct of its activities; 892
(N) Conduct on its own or in combination with other 894
entities, water quantity and quality studies and other water 895
monitoring activities that do not conflict with similar studies 896
or activities by other agencies. A written report of the
findings of any such study or activity, or a copy thereof OF IT, 898
shall be submitted to the director of environmental protection. 899
(O) Do all things necessary or incident to the fulfillment 901
of the purposes for which the district is established. 902
Sec. 6101.16. When it is determined to let the work 911
20
relating to the improvements for which a conservancy district was 912
established by contract, contracts in amounts to exceed fifteen 914
TWENTY-FIVE thousand dollars shall be advertised after notice 915
calling for bids has been published once a week for three TWO 916
consecutive weeks completed on date of last publication, WITH THE 917
LAST PUBLICATION TO OCCUR AT LEAST EIGHT DAYS PRIOR TO THE DATE 918
ON WHICH BIDS WILL BE ACCEPTED, in at least one A newspaper of 921
general circulation within the conservancy district where the
work is to be done. If the bids are for a contract for the 922
construction, demolition, alteration, repair, or reconstruction 923
of an improvement, the board of directors of the conservancy 924
district may let the contract to the lowest or best RESPONSIVE 925
AND MOST RESPONSIBLE bidder who meets the requirements of section 927
153.54 of the Revised Code. If the bids are for a contract for 928
any other work relating to the improvements for which a 929
conservancy district was established, the board of directors of 930
the district may let the contract to the lowest or best 931
RESPONSIVE AND MOST RESPONSIBLE bidder who gives a good and 932
approved bond, with ample security, conditioned on the carrying 933
out of the contract. The contract shall be in writing and shall 934
be accompanied by or refer to plans and specifications for the 935
work to be done prepared by the chief engineer. The plans and 936
specifications shall at all times be made and considered a part 937
of the contract. The contract shall be approved by the board and 938
signed by the president of the board and by the contractor and 939
shall be executed in duplicate. In case of sudden emergency when 940
it is necessary in order to protect the district, the advertising 941
of contracts may be waived upon the consent of the board, with 942
the approval of the court or a judge of the court of common pleas 943
of the county in which the office of the district is located. 944
Sec. 6101.17. The board of directors of a conservancy 953
district, when it is necessary for the purposes of sections 954
6101.01 to 6101.84, inclusive, of the Revised Code THIS CHAPTER, 956
shall have a dominant right of eminent domain over the right of 957
21
eminent domain of railroad, telegraph, telephone, gas, water 958
power, and other companies and corporations, and over townships, 959
counties, and municipal corporations. 960
In the exercise of this right, due care shall be taken to 962
do no unnecessary damage to other public utilities, and, in case 964
of failure to agree upon the mode and terms of interference, not 965
to interfere with their operation or usefulness beyond the actual 966
necessities of the case, due regard being paid to the other 967
public interests involved.
Sec. 6101.19. (A) The board of directors of a conservancy 976
district may make and enforce such rules and regulations as it 977
deems CONSIDERS necessary and advisable TO DO THE FOLLOWING: 979
(1) To protect and preserve the works, improvements, and 981
properties owned or controlled by the district, prescribe the 982
manner of their use by public corporations and persons, and 983
preserve order within and adjacent thereto TO THE WORKS, 984
IMPROVEMENTS, AND PROPERTIES; 985
(2) To prescribe the manner of building bridges, roads, or 987
fences or other works in, into, along, or across any channel, 988
reservoir, or other construction of the district; 989
(3) To prescribe the manner in which ditches, sewers, pipe 991
lines, or other works shall be adjusted to or connected with the 992
works of the district or any watercourse therein IN THE DISTRICT 993
and the manner in which the watercourses of the district may be 995
used for sewer outlets or for disposal of waste; 996
(4) To prescribe the permissible uses of the water supply 998
provided by the district and the manner of its distribution, and 999
to prevent the pollution or unnecessary waste of such THE water 1,000
supply; 1,001
(5) To prohibit or regulate the discharge into the sewers 1,003
of the district of any liquid or solid wastes deemed CONSIDERED 1,004
detrimental to the works and improvements of the district. 1,006
Such THE rules and regulations shall not be inconsistent 1,008
with the laws of the state or the rules and regulations or 1,009
22
requirements of the director of environmental protection, and 1,010
shall be published in the manner provided by section 6101.01 of 1,011
the Revised Code before taking effect. 1,012
(B) No person shall violate any rule or regulation adopted 1,014
in accordance with this section. 1,015
(C) The board may enforce by mandamus or otherwise all 1,017
necessary regulations made by it and authorized by sections 1,018
6101.01 to 6101.84 of the Revised Code, and THIS CHAPTER, may 1,020
remove any harmful or improper construction or obstruction or 1,021
close any opening or connection made improperly or in violation 1,022
of such THE rules and regulations, and may bring such suits in 1,024
mandamus in the court of appeals in the first instance, if it 1,025
deems CONSIDERS it advisable. Any person or public corporation 1,028
which THAT willfully fails to comply with such THE rules and 1,030
regulations shall be liable for damage caused by such THE 1,032
failure, and for the cost of renewing any construction damaged or 1,034
destroyed.
(D) No person or public corporation shall erect within the 1,036
drainage area of the district any dam or reservoir upon any 1,037
stream or watercourse therein IN IT, or any work or obstruction 1,039
diminishing the cross section of any such stream or watercourse 1,040
IN IT, until a copy of the plans thereof FOR THE DAM, RESERVOIR, 1,042
WORK, OR OBSTRUCTION has been filed with the secretary of the 1,044
conservancy district for the board's examination. 1,045
Sec. 6101.23. The board of directors of a conservancy 1,054
district may enter into contracts or other arrangements with the 1,055
United States government or any department thereof OF IT, with 1,056
persons, railroads, or other corporations, with public 1,058
corporations, and with the state government of this or other 1,059
states, AND with drainage, conservation, conservancy, sewer, 1,060
park, or other improvement districts, in this or other states, 1,061
for co-operation or assistance, not in violation of Article VIII, 1,062
Ohio Constitution, in constructing, maintaining, using, and 1,063
operating the works of the district, the waters thereof OF IT, or 1,064
23
the parks, parkways, forests, and recreational facilities thereof 1,065
OF IT, or in minimizing or preventing damage to the properties, 1,067
works, and improvements of the district from soil erosion, or for 1,068
making surveys and investigations or reports thereon. The board 1,069
may purchase, lease, or acquire land or other property in 1,070
adjoining states to secure outlets or for other purposes of 1,071
sections 6101.01 to 6101.84, inclusive, of the Revised Code, THIS 1,072
CHAPTER and may let contracts or spend money for securing such 1,073
THE outlets or other works in adjoining states. 1,074
Sec. 6101.25. The board of directors of a conservancy 1,083
district may construct, improve, operate, maintain, and protect 1,084
parks, parkways, forest preserves, bathing beaches, playgrounds, 1,085
and other recreational facilities upon the lands owned or 1,086
controlled by the district, or upon lands located within the 1,087
district owned or controlled by the United States government or 1,088
any department thereof OF IT, by the THIS state of Ohio or any 1,090
department or division thereof OF IT, or by any political 1,091
subdivision, if authorized by lease, contract, or other 1,093
arrangements with the appropriate agency of government having 1,094
such ownership or control, and. THE BOARD may acquire by lease, 1,096
purchase, or appropriation property additional to that required 1,097
for the purposes for which the district was incorporated, in 1,098
order to provide for the protection, more adequate development, 1,099
and fuller public use and enjoyment of such THE improvements and 1,101
facilities. The board may impose and collect charges for the use 1,102
of the properties, improvements, and facilities maintained or 1,103
operated by the district for recreational purposes. Moneys 1,104
collected from these charges may be used to promote the 1,105
district's recreational facilities. 1,106
In case the revenues derived or to be derived from the 1,108
properties, improvements, and facilities maintained, operated, 1,109
used, or acquired by the district for recreational purposes are 1,110
not sufficient for the purposes of this section, the board, with 1,111
the approval of the court, may provide for the payment of 1,112
24
obligations incurred under this section by either or both the 1,113
following methods, as determined by the court: 1,114
(A) The levy of taxes upon all the taxable property of the 1,116
district; 1,117
(B) The THE levy of special assessments upon public 1,119
corporations having lands within the district. 1,120
In no case shall such THE obligations INCURRED UNDER THIS 1,122
SECTION be paid from the proceeds of special assessments levied 1,124
under section 6101.48 or 6101.53 of the Revised Code, or of bonds 1,125
or notes issued in anticipation thereof OF THEM. If the first 1,126
such method is approved by the court, the board may levy in any 1,128
year taxes of not to exceed one-tenth of one mill upon the 1,129
taxable real and personal property of the district for the 1,130
purposes of this section, and in anticipation of the collection 1,131
thereof, the board may issue bonds and notes for the acquisition 1,132
and construction of the properties and improvements authorized by 1,133
this section. Such bonds and notes shall be issued in the manner 1,134
and subject, so far as applicable, to the conditions provided by 1,135
sections 6101.50, 6101.51, and 6101.52 of the Revised Code. In 1,136
case the second method is AFTER SPECIAL ASSESSMENTS AGAINST THE 1,137
PUBLIC CORPORATIONS ARE approved by the court, the board of 1,138
appraisers of the conservancy district shall appraise the 1,139
benefits to be conferred on each public corporation containing 1,140
lands within the district by reason of the acquisition and 1,141
construction of the properties and improvements authorized by the 1,142
board of directors under this section, and shall appraise the 1,143
damages accruing to persons and public corporations therefrom 1,144
FROM THE IMPROVEMENTS. Sections 6101.01 to 6101.84 of the 1,145
Revised Code, with reference THE PROVISIONS OF THIS CHAPTER THAT 1,146
REFER to the determination of benefits and damages, apply to such 1,148
THE appraisals made under this section, but they shall be 1,150
separate from other appraisals of benefits and damages made under 1,151
such sections THIS CHAPTER, and separate records thereof OF THEM 1,153
shall be prepared. After the appraisal of benefits has been 1,155
25
approved by the court, and within the amount of benefits so 1,156
determined, the board of directors may levy assessments on the 1,157
public corporations benefited to pay the cost of the properties 1,158
and improvements acquired and constructed under this section, and 1,159
may issue bonds and notes in anticipation of the collection of 1,160
such THESE assessments. In addition, the board of directors may 1,162
annually levy a maintenance assessment for the purposes of this 1,163
section on such THE public corporations upon the basis of total 1,165
appraised benefits. Sections 6101.01 to 6101.84, inclusive, of 1,166
the Revised Code, relating THE PROVISIONS OF THIS CHAPTER THAT 1,167
RELATE to assessments for district purposes and to bonds and 1,168
notes issued in anticipation thereof OF THE ASSESSMENTS apply to 1,169
the assessments authorized under this section and the bonds and 1,171
notes issued in anticipation of such THE assessments. 1,172
Improvement, bond retirement, and maintenance funds shall be 1,173
established for recreational purposes in conformity with section 1,174
6101.44 of the Revised Code, which shall be separate from one 1,175
another and from other funds of the district, and no transfers 1,176
shall be made thereto TO THEM from the other funds of the 1,177
district unless the court, prior to June 1, 1965, determines that 1,178
such transfer will not include proceeds of special assessments 1,179
levied under section 6101.48 or 6101.53 of the Revised Code, or 1,180
of bonds or notes issued in anticipation of the collection 1,181
thereof, and approves the transfer as a transfer of surplus 1,182
moneys as provided in section 6101.44 of the Revised Code. The 1,183
proceeds of all bonds, notes, taxes, and assessments authorized 1,184
by this section and all receipts derived from the recreational 1,185
properties, improvements, and facilities owned, controlled, 1,186
operated, or maintained by the district shall be paid into such 1,187
THOSE funds, and all expenditures in accordance with this section 1,189
shall be made therefrom FROM THEM. 1,190
Sec. 6101.30. If the report of the board of appraisers of 1,199
a conservancy district includes recommendations that other lands 1,200
and public corporations be included in the district, or that 1,201
26
certain lands and public corporations be excluded from the 1,203
district, the clerk of the court before which the proceeding is 1,204
pending shall give notice to the owners of such THAT property and 1,205
TO THE public corporations by publication to be made as provided 1,206
in sections 6101.01 to 6101.84, inclusive, of the Revised Code, 1,207
for NOTICE OF a hearing on the petition for the creation of the 1,209
district. Such THE notice to those owners whose lands are or the 1,210
public corporations to be added to the district may be 1,211
substantially as shown in the schedule in section 6101.84 of the 1,212
Revised Code. The time and place of the hearing may be the same 1,214
as those of A hearing on appraisals. To the owners of property 1,216
and public corporations to be excluded from the district, it will 1,217
be IS sufficient to notify them of that fact.
Sec. 6101.31. The board of appraisers of a conservancy 1,226
district shall prepare a report of its findings which shall be 1,227
arranged in tabular form and bound in loose-leaf book form, and 1,228
which THAT shall be known as the "conservancy appraisal record." 1,230
Such THE record shall contain the name of the owner of property 1,231
appraised as it appears on the tax duplicate or the deed records 1,232
if ascertainable therefrom FROM THEM, the tax mailing address or 1,233
other known address of such THE owner if ascertainable, a 1,235
description of the property appraised, the amount of benefits 1,236
appraised, the amount of damages appraised, and the appraised 1,237
value of land or other property which THAT may be taken for the 1,238
purposes of the district. In case benefits are appraised 1,240
accruing to a public corporation as an entity, the name and, if 1,241
ascertainable, address of such THE public corporation and the 1,243
amount of the benefit appraised shall be entered in such THE 1,244
record. The board shall also report any other benefits or 1,246
damages or any other matter which THAT, in its opinion, should be 1,248
brought to the attention of the court. No error in the names or 1,249
addresses of the owners of real property or in the descriptions 1,250
thereof OF THE PROPERTY shall invalidate said THE appraisal or 1,251
the levy of assessments or taxes based thereon ON IT, if 1,252
27
sufficient description is given to identify such THE real 1,254
property.
When such THE report is completed, it shall be signed by at 1,256
least a majority of the board and deposited with the clerk of the 1,257
court, who shall file it in the original case. At the same time, 1,259
copies of that part of the report giving the appraisal of 1,260
benefits and appraisals of land to be taken and of damages in any 1,261
county shall be made, AND certified to, and filed with the clerk 1,263
of the court of common pleas of such THAT county. 1,264
Sec. 6101.32. Upon the filing of the report of the board 1,273
of appraisers of a conservancy district under section 6101.31 of 1,274
the Revised Code, the clerk of the court shall give notice 1,275
thereof OF THE FILING by publication, as provided in sections 1,276
6101.01 to 6101.84, inclusive, of the Revised Code, in each 1,278
county in the district in which property included in the 1,279
CONSERVANCY appraisal record is located. Said THE notice shall 1,281
be substantially as set forth in division (F) of section 6101.84 1,282
of the Revised Code. It is not necessary for said THE clerk to 1,283
name the parties interested, except that such AND THE notice 1,285
shall be addressed "To All Known and Unknown Persons or Public 1,287
Corporations Interested" and in addition shall specifically 1,288
designate the name of each known party whose tax mailing or other 1,289
address cannot be ascertained as disclosed by the affidavit 1,290
referred to in this section, but the name of any such party need 1,291
be designated only in the publication made in the county or 1,292
counties wherein lands, or interests in lands, owned by the party 1,293
and affected by the report are located." IT
It is not necessary to describe separate lots or tracts of 1,294
land in giving said THE notice, but the heading of such THE 1,296
notice and the text thereof OF IT shall give, and it is 1,297
sufficient if each gives, such descriptions as THAT will enable 1,299
the owner of land or the owner of an interest of record therein 1,301
IN LAND to determine whether or not his THE OWNER'S land OR 1,304
INTEREST is covered by such THE descriptions. For instance, it 1,305
28
is sufficient to state in the heading "NOTICE OF HEARING ON 1,306
APPRAISALS ON LANDS LYING IN ...................., 1,307
...................., and .................... TOWNSHIPS AND IN 1,308
THE CITIES OR VILLAGES OF ...................., 1,309
...................., and .................... in 1,310
.................... COUNTY," and it is sufficient to state in 1,311
the text "All land lying in the .................... ward of the 1,312
city of ....................," or "All land abutting on 1,313
.................... street in the city of ....................," 1,314
or "All land lying west of .................... river and east of 1,315
.................... railroad in .................... township," 1,316
or any other general description pointing out the lands involved. 1,317
Where IF lands in different counties are mentioned in said 1,320
THE report, it is not necessary to publish a description of all 1,321
the lands in the district in each county, but only of that part 1,322
of said THE lands located in the county in which publication is 1,323
made. 1,324
The board of directors of such THE conservancy district 1,326
shall, on or before the date of first THE publication of the 1,328
notice provided for in this section, cause to be mailed SHALL 1,329
MAIL by first class mail to the APPLICABLE public corporations 1,331
and to the owners of property whose names and respective tax 1,333
mailing or other known addresses are ALL OTHER KNOWN PERSONS 1,334
HAVING AN INTEREST OF RECORD IN PROPERTY THAT IS TO BE TAKEN OR
IS DAMAGED AND WHOSE TAX MAILING OR OTHER KNOWN ADDRESS IS 1,335
disclosed by the affidavit referred to in this section a notice 1,336
which in each case THAT shall be directed to such respective THE 1,337
APPROPRIATE address and which, shall advise the addressee thereof 1,339
of the date of the filing, and place of filing, of the report of 1,341
the board of appraisers, and SHALL STATE that the addressee has 1,342
the right to file exceptions to the report on or before a 1,344
specified date and to be heard thereon in the county where his 1,345
THE ADDRESSEE'S property is located at the time and place fixed 1,346
by the court as provided by section 6101.33 of the Revised Code. 1,347
29
In addition the THE notice shall contain, if the report includes 1,349
an appraisal of benefits affecting the addressee, a statement 1,350
that such benefits have been appraised and that assessments may 1,351
be levied based upon, and not in excess of, such appraisal, and 1,352
the dollar amount of the appraisal, shall contain, if the report 1,353
includes an appraisal of property of the addressee to be taken or 1,355
damaged, a statement that such THE property TO BE TAKEN or the 1,356
damage thereto has been appraised and SHALL GIVE the dollar 1,358
amount of such THAT appraisal, and shall contain any volume 1,360
designation and page number of the report at which any appraisal 1,361
affecting the addressee appears and a brief description of the 1,362
property appraised as referred to in section 6101.31 of the 1,363
Revised Code. In the case of property to be taken or damaged the 1,364
board of directors shall cause like notice to be mailed on the 1,365
same date to all other known persons having an interest of record 1,366
in such property whose tax mailing or other known address is 1,367
disclosed by the affidavit referred to in this section. The 1,368
THE secretary of the conservancy district, or his THE 1,370
SECRETARY'S deputy, as ex officio secretary of the board of 1,372
appraisers, shall prepare and file with the clerk of the court on 1,373
the date of the mailing of the notices provided for in this 1,374
section an affidavit attesting in substance that, as of the date 1,375
of the mailing of the notices, the affiant has determined that 1,376
the names of all APPLICABLE public corporations, and the names of 1,377
the owners of all the property affected by the report of the 1,379
board of appraisers THAT IS TO BE TAKEN OR THAT IS DAMAGED, where 1,380
such THOSE names are ascertainable, together with their 1,381
respective tax mailing or other known addresses where 1,382
ascertainable, are listed in the report of the board of 1,383
appraisers with the exception of such differing names or 1,384
addresses as may be specifically set forth in the affidavit,; 1,385
that no names and no tax mailing or other known addresses are 1,387
ascertainable except as may be disclosed by such THE report as 1,388
supplemented by the affidavit,; and that notices have been mailed 1,390
30
as provided for in this section to each public corporation and to 1,391
each owner of property having a tax mailing or other known 1,392
address as shown by such report or affidavit and to all other 1,393
persons having an interest of record in property THAT IS to be 1,394
taken or THAT IS damaged AND whose interest is known or can be 1,395
ascertained from such THE record. Such THE affidavit shall be 1,397
given on the basis of available information and after the 1,399
exercise of reasonable diligence, and the affidavit IT shall so 1,400
state. Such THE affidavit shall be prima-facie evidence of the 1,402
matters attested to therein IN IT. 1,403
Sec. 6101.33. Any property owner or public corporation may 1,412
accept the appraisals in its favor of benefits and, of damages, 1,414
and of lands to be taken made by the board of appraisers of a 1,415
conservancy district, or may acquiesce in the board's failure to 1,416
appraise damages in its favor, and shall be construed to have 1,417
done so unless, within thirty days after the last publication 1,418
provided for in section 6101.32 of the Revised Code, or such 1,419
additional time as may be granted by the presiding judge of the 1,420
court, it THE PROPERTY OWNER OR PUBLIC CORPORATION files 1,421
exceptions to said THE report or to any appraisal of either 1,423
benefits or, damages, or of land to be taken which THAT may be 1,424
appropriated. All exceptions shall be heard by the court 1,425
beginning not less than forty nor OR more than fifty days after 1,426
the last publication provided for in such THAT section, and 1,428
determined in advance of other business so as to carry out, 1,430
liberally, the purposes and needs of the district. The court 1,431
shall provide for the hearing on the exceptions in the county 1,432
seat of each county wherein IN WHICH property is located with 1,433
respect to which an exception or exceptions have been filed at a 1,435
time and place fixed by the court. Notice of the time and place 1,436
of the hearing of his AN exception shall be given the exceptor in 1,437
such manner as the court may direct. The hearing conducted in a 1,438
particular county shall be limited to testimony presented by the 1,439
district and by exceptors whose exceptions relate to property 1,440
31
located within said THAT county. The 1,442
THE court may, if it deems CONSIDERS IT necessary, appoint 1,445
one or more special master commissioners MAGISTRATES, each to be 1,446
assigned by the court to conduct one or more of the hearings on 1,448
the exceptions as required by this section and, to cause MAKE a 1,450
record to be made of each of such THE hearings, and to report 1,452
such THE record, together with findings and recommendations, back 1,454
to the court. Such special master commissioners THE MAGISTRATES 1,455
shall have the usual powers possessed by special master 1,457
commissioners as specified in section 2315.42 of the Revised Code 1,458
MAGISTRATES, shall have the cooperation of the officials of the 1,460
district in determining any facts relative to the CONSERVANCY
appraisal report RECORD, and may use any abstracts, title 1,462
certificates, title reports, or other information that the 1,464
district has relative to any of the properties included on IN the 1,465
appraisal report RECORD. The 1,466
THE court may cancel the scheduled hearing in any county 1,468
having few exceptors, providing such PROVIDED THAT THE exceptors 1,469
are given advance notice, in such A manner as the court may 1,471
direct, of the time and place of hearing in a nearby county at 1,472
which they THE EXCEPTORS shall be heard upon their several 1,474
objections. The
THE court may, if it deems CONSIDERS IT necessary, return 1,477
the report CONSERVANCY APPRAISAL RECORD to the board for its 1,478
further consideration and amendment, and enter its order to that 1,479
effect. If the appraisal record as a whole is referred back to 1,480
the board, the court shall not resume the hearing thereof ON IT 1,481
without new notice, as for an original hearing thereon ON IT. 1,483
The court may, without losing jurisdiction over the appraisal 1,484
record, order the board to recast the appraisal record when the 1,485
order of the court specifies the precise character of the changes 1,486
thereof.
Sec. 6101.36. No property shall be taken under sections 1,495
6101.01 to 6101.84, inclusive, of the Revised Code, THIS CHAPTER 1,497
32
until compensation has been paid according to law. But where IF 1,499
a trial is had by jury, and a verdict has been IS rendered which 1,500
has been THAT IS confirmed by the trial court, the board of 1,501
directors of the conservancy district may pay the amount allowed 1,503
into court in money with the costs, and thereupon such, AT THAT 1,504
TIME, THE court shall make an order admitting the district into 1,506
possession of the property and confirming its title thereto TO 1,507
THE PROPERTY, although the owner may take steps to take the case 1,510
to a higher court. Thereupon AT THAT TIME, the board may enter 1,512
into undisturbed possession of the property and rights involved.
Sec. 6101.38. After a certified copy of the entry of the 1,521
court and of the appraisals as confirmed by the court, except 1,522
those parts from which appeals have been perfected but not 1,523
determined, is transmitted to the secretary of the conservancy 1,524
district as provided by section 6101.37 of the Revised Code, the
board of directors of the conservancy district may deposit with 1,525
the court the amount of any such confirmed appraisal of 1,526
compensation or damages, from the award of which no appeal has 1,528
been taken, for any property or interest therein IN PROPERTY as 1,530
included in the CONSERVANCY appraisal record and confirmed by the
court. The court THEN shall thereupon enter an order admitting 1,532
the district into possession of all such OF THE property for 1,534
which payment has been deposited, and confirming its title 1,535
thereto TO THAT PROPERTY. The clerk of such THE court shall have 1,537
so much of such THE order recorded in the office of the county 1,538
recorder of the county where the land is located as will show the 1,539
transfer of title. The owners of such THE property THEN shall 1,540
thereupon have an interest in the fund so deposited to the extent 1,541
of their respective interests in the property taken or damaged. 1,542
The court shall appoint a master commissioner MAGISTRATE 1,544
who, upon giving bond in the amount and manner ordered by the 1,546
court, shall receive all applications of owners, lienholders, and 1,547
other persons claiming an interest in any of the property 1,548
acquired by the district through the appraisal record, conduct
33
necessary hearings, and report to the court from time to time as 1,549
to the persons entitled to payment out of said funds, THE FUND 1,551
and the amount due each. The court, if satisfied that such THE 1,553
report is correct, shall thereupon order the master commissioner 1,555
MAGISTRATE and the clerk to countersign vouchers for the payment 1,556
of the money to the persons entitled thereto TO IT. In the event 1,557
of conflicting claims to said THE fund, such THE claims may be 1,559
submitted and determined in the court and, proceedings shall be 1,561
had as provided in section 163.18 of the Revised Code, in so far 1,562
INSOFAR as such THAT section is applicable to this section, and 1,563
the costs of such THE proceedings shall be paid by the claimants. 1,565
All interest income from said THE fund shall be paid to the 1,567
district, and all costs of administering and handling the fund 1,568
deposited with the court shall be paid by the district. The 1,569
master commissioner MAGISTRATE shall have the usual powers 1,570
possessed by master commissioners MAGISTRATES, shall have the 1,572
cooperation of the district in determining the proper parties
entitled to said THE fund, and may use any abstracts, title 1,573
certificates, title reports, or other information that the 1,575
district has relative to any of the properties acquired by the 1,576
district on the appraisal record.
If the district acquired any of the property or interests 1,578
appearing on the appraisal record by contract without the 1,579
intervention of such master commissioner THE MAGISTRATE, the 1,580
court shall order the return to the district of so much of said 1,581
THE fund as represents the property or interest so acquired. 1,582
Sec. 6101.39. The board of directors of a conservancy 1,591
district may, at any time after the CONSERVANCY appraisal record 1,592
is filed, when necessary to fulfill the objects for which the 1,594
district was created, alter or add to the official plan by 1,595
amendment thereof. Such alterations or additions may be 1,596
alterations in or additions to improvements previously provided 1,597
for in the official plan or may consist of new works or 1,598
improvements for the accomplishment of the purposes for which the 1,599
34
district was created THAT WERE not previously provided for in the 1,601
official plan. When such alterations or additions are formally 1,602
approved by the board and by the court, and are filed with the 1,603
secretary of the conservancy district, they shall become part of 1,604
the official plan for all purposes of sections 6101.01 to 6101.84 1,605
of the Revised Code THIS CHAPTER. Where IF such alterations or 1,607
additions in the judgment of the court neither materially modify 1,608
the general character of the work, nor materially increase 1,609
resulting damage for which the board is not able to make amicable 1,610
settlement, nor increase the cost more than ten per cent, no 1,611
action other than a resolution of the board is necessary for the 1,612
approval of such alterations or additions. Any alteration or 1,613
addition to the official plan relating to the provision of water 1,614
supply or the collection and disposal of sewage and liquid wastes 1,615
requires the approval of the environmental protection agency. In 1,616
case IF the proposed alterations or additions materially modify 1,617
the general character of the work, or materially modify the 1,618
resulting damages or materially reduce the benefits, for which 1,619
the board is not able to make amicable settlement, or materially 1,620
increase the benefits in such a manner as to require a new 1,621
appraisal, or increase the cost more than ten per cent, the court 1,622
shall direct the board of appraisers of the conservancy district, 1,623
which may be the original board, or a new board appointed by the 1,624
court on petition of the board of directors or otherwise, to 1,625
appraise the property to be taken, benefited, or damaged by the 1,626
proposed alterations or additions. 1,627
Upon the completion of the report by the board of 1,629
appraisers, notice shall be given and a hearing had on its report 1,630
in the same manner as in the case of the original report of the 1,631
board of appraisers, and the same right of appeal to a jury 1,632
exists. When the only question at issue is additional damages or 1,633
reduction of benefits to property due to modifications or 1,634
additions to the plans, the board of directors may, if it finds 1,635
it practicable, make settlements with the owners of the property 1,636
35
damaged instead of having appraisals made by the board of 1,637
appraisers. In case such settlements are made, notice and 1,638
hearing need not be had. After bonds have been sold, in order 1,639
that their security may not be impaired, no reduction shall be 1,640
made in the amount of benefits appraised against property in the 1,641
district, but in lieu of such reductions in benefits, if any are 1,642
made, the amount shall be paid to the party in cash. This section 1,643
applies to all changes in appraisals under sections 6101.01 to 1,644
6101.84 of the Revised Code THIS CHAPTER. 1,645
Sec. 6101.40. No appeal under sections 6101.01 to 6101.84, 1,654
inclusive, of the Revised Code, THIS CHAPTER shall be permitted 1,656
to interrupt or delay any action or the prosecution of any work 1,658
under such sections THIS CHAPTER, except where the party 1,659
appealing is entitled to a jury under the constitution of the 1,660
state, and such THE jury trial has not been had, in which case 1,662
only so much of the work shall be interrupted or delayed as would 1,663
constitute a taking of or a damaging of the property of the 1,664
appellant.
The board of directors of a conservancy district may appeal 1,666
from any order of the court of common pleas made in any 1,667
proceeding under such sections THIS CHAPTER not requiring the 1,669
intervention of a jury.
The failure to appeal from any order of the court in any 1,671
proceedings under sections 6101.01 to 6101.84, inclusive, of the 1,672
Revised Code, THIS CHAPTER within the time specified in such 1,675
sections THIS CHAPTER constitutes a waiver of any irregularity in 1,676
the proceedings, and the. THE remedies provided for in such 1,678
sections THIS CHAPTER exclude all other remedies except as 1,679
provided in such sections THIS CHAPTER.
Sec. 6101.41. If any lands in any conservancy district are 1,688
not liable for taxation or assessment at the time of the 1,689
execution of the work, but afterwards, during the period when 1,690
such THE work is being paid for, become liable to taxation or 1,692
assessment by reason of some change in condition or ownership, 1,693
36
such THE lands THEN shall thereupon be appraised and assessed as 1,695
other lands in said THE district receiving equal benefits. 1,696
Sec. 6101.42. In case IF any real property or public 1,705
corporation within or without any conservancy district is 1,707
benefited which AND for any reason was THE BENEFITS WERE not 1,708
appraised in the original proceedings, or was WERE not appraised 1,710
to the extent of THE benefits received, or in case IF any person 1,711
or public corporation makes use of or profit by the works of any 1,713
district to a degree not compensated for in the original 1,714
appraisal, or in case IF the board of directors of the
conservancy district finds it necessary, subsequent to the time 1,716
when the first appraisals are made, to take or damage any 1,717
additional property, the board of directors, at any time such A 1,718
condition becomes evident, shall direct the board of appraisers 1,719
of the conservancy district to appraise the benefits or the 1,720
enhanced benefits received by such THE property or public 1,721
corporation, or such THE damages or value of property taken. 1,723
Proceedings outlined in sections 6101.01 to 6101.84, inclusive, 1,724
of the Revised Code, THIS CHAPTER for appraising lands not at 1,725
first included within the boundaries of the district shall in all 1,726
matters be conformed with including notice to the parties, or the 1,727
board of directors may make any suitable settlement with such THE 1,728
person or public corporation for such THE use, benefit, damage, 1,730
or property taken.
Sec. 6101.43. No fault in any notice or other proceedings, 1,739
whether by reason of noncompliance with the requirements of 1,740
sections 6101.01 to 6101.84, inclusive, of the Revised Code, THIS 1,741
CHAPTER or with any applicable constitutional requirements, or 1,743
otherwise, shall affect the validity of any proceeding under
sections 6101.01 to 6101.84, inclusive, of the Revised Code THIS 1,744
CHAPTER, except to the extent to which it can be shown that such 1,746
THE fault resulted in a material denial of justice to the 1,748
property owner or public corporation complaining of such THE 1,749
fault.
37
If it is found upon a hearing that, by reason of some 1,751
irregularity or defect in the proceedings, the appraisal has not 1,753
been properly made, the court may nevertheless, on having proof 1,755
that expense has been incurred which is a proper charge against 1,756
the property of the person, or against the public corporation,
complaining of such THE irregularity or defect, render a finding 1,757
as to the amount of benefits to said THE property or public 1,759
corporation, and appraise the proper benefits accordingly, 1,761
subject to a claim for a jury as provided in section 6101.35 of 1,762
the Revised Code, where the party is entitled thereto TO IT. 1,763
Thereupon said AT THAT TIME, THE land or public corporation shall 1,764
be assessed as other land or public corporations equally 1,766
benefited. If, at any time either before or after the issuance 1,768
of bonds or notes pursuant to sections 6101.01 to 6101.84,
inclusive, of the Revised Code THIS CHAPTER, the appraisal of 1,770
benefits, either as a whole or in part, is declared by any court 1,772
of competent jurisdiction to be invalid by reason of any defect 1,773
or irregularity in the proceedings therefor, whether
jurisdictional or by reason of noncompliance with any of the 1,775
requirements of sections 6101.01 to 6101.84, inclusive, of the 1,777
Revised Code, THIS CHAPTER or with any applicable constitutional 1,779
requirements, or otherwise, the court of common pleas, on the
application of the board of directors of the conservancy district 1,780
or on the application of any holder of any bonds or notes which 1,781
THAT have been issued pursuant to such sections THIS CHAPTER, 1,784
shall promptly and without delay remedy, or cause to be remedied, 1,787
all defects or irregularities as the case requires and, for such 1,788
THE purpose, may direct the board of appraisers of the 1,789
conservancy district to make, in the manner provided in section 1,792
6101.28 of the Revised Code, a new appraisal of the amount of 1,793
benefits against the whole or any part of the lands or any public 1,794
corporation in said THE district as the case requires and may 1,795
order a new hearing to be held after giving of notice thereof OF 1,796
THE HEARING in compliance with the requirements of sections 1,798
38
6101.01 to 6101.84, inclusive, of the Revised Code THIS CHAPTER, 1,799
or such other and further notice as the court shall prescribe to 1,800
comply with any applicable constitutional requirements. 1,801
Sec. 6101.44. The moneys of every conservancy district 1,810
shall be administered through the following funds: 1,811
(A) The "preliminary fund," consisting of the proceeds of 1,813
the preliminary assessment levied under authority of section 1,814
6101.45 of the Revised Code, and any advances of assessments 1,815
obtained or notes issued in accordance with section 6101.46 of 1,816
the Revised Code, and any contribution or appropriation by the 1,817
state of Ohio under authority of section 6101.45 of the Revised 1,818
Code, which shall be used for the payment of expenses incurred 1,819
for the purposes for which such preliminary assessments and 1,820
contributions are authorized; 1,821
(B) The "improvement fund," consisting of the proceeds of 1,823
all special assessments the collection of which has not been 1,824
anticipated in the issuance of bonds or notes and the proceeds of 1,825
all bonds and notes, other than bonds to retire notes, issued 1,826
under section 6101.50 of the Revised Code, which shall be used 1,827
for defraying expenditures incurred in the execution of the 1,828
official plan and the acquisition or construction of properties, 1,829
works, and improvements of the district, including the cost of 1,830
preparing the official plan and the appraisal, the entire cost of 1,831
construction and superintendence, with all charges incidental 1,832
thereto, and the cost of administration during the period of 1,833
construction and may also be used for defraying preliminary 1,834
expenses in accordance with section 6101.46 of the Revised Code 1,835
and repayment to the preliminary fund, in the manner and to the 1,836
extent provided by this section, of expenditures therefrom FROM 1,837
IT; 1,838
(C) The "bond retirement fund," consisting of the proceeds 1,840
of all special assessments the collection of which has been 1,841
anticipated in the issuance of bonds or notes together with all 1,842
other receipts pledged for the retirement of bonds or notes or 1,843
39
the payment of interest thereon ON THE BONDS OR NOTES, which 1,844
shall be used only for such THOSE purposes; 1,845
(D) The "maintenance fund," consisting of the proceeds of 1,847
maintenance assessments levied annually in accordance with 1,848
section 6101.53 of the Revised Code, earnings from the operation 1,849
of the works of the district, and all receipts not otherwise 1,850
assigned by law or by order of the board of directors of the 1,851
conservancy district, which shall be used for the payment of 1,852
operation, maintenance, and other current expense of the 1,853
district. 1,854
Before levying any assessment to pay the cost of an 1,856
improvement, the board of directors shall determine the amount 1,857
expended and to be expended from the preliminary fund for surveys 1,858
and plans, appraisals, hearings, administration, court costs, and 1,859
other incidentals that equitably should be repaid to the 1,860
preliminary fund. Such THE amount may be all or any portion of 1,861
the preliminary expenses for the improvement. When specified by 1,863
resolution of the board of directors, such THE amount shall be 1,864
included in the costs to be paid from the assessments upon 1,865
benefited property, and shall be transferred from the improvement 1,866
fund to the preliminary fund. 1,867
The board may establish separate or special funds of each 1,869
class for each or any designated purpose for which the district 1,870
is incorporated. Any surplus moneys in any fund of the district 1,871
may be transferred to any other such fund by the board with the 1,872
approval of the court, but no transfer shall be made from the 1,873
bond retirement fund prior to the final maturity of the bonds and 1,874
notes payable therefrom FROM IT, and no transfer shall thereafter 1,876
be made which would reduce the balance in such THE fund below the 1,877
amount required for the payment of all obligations outstanding 1,878
against such THE fund. 1,879
No money shall be drawn from the treasury of the district, 1,881
and no obligation for the expenditure of money shall be incurred, 1,882
except in pursuance of an appropriation by the board. This 1,883
40
prohibition does not apply to funds placed at the place of 1,884
payment by the treasurer of the conservancy district for the 1,885
payment of maturing bonds and notes and interest thereon ON THEM 1,886
in accordance with section 6101.51 of the Revised Code. At or 1,888
before the opening of each fiscal year, which shall correspond to 1,889
the calendar year unless a different year is authorized by the 1,890
auditor of state, the board shall adopt a resolution making 1,891
appropriations for the ensuing year. Such THE appropriation 1,892
resolution may be amended or supplemented by the board. The 1,893
total amount appropriated from any fund for any year shall not 1,894
exceed the sum of the unencumbered balance in the fund at the 1,895
beginning of the year and the amounts to be received during such 1,896
THE year from bonds authorized, and taxes and special assessments 1,898
imposed prior to their appropriation, together with all other 1,899
moneys estimated to be received by the fund during the year. At 1,900
the close of each fiscal year, all unencumbered balances of 1,901
appropriations shall revert to the funds from which they were 1,902
made and shall be subject to reappropriation. 1,903
No contract shall be let ENTERED INTO, and no order shall 1,905
be issued, involving the expenditure of money unless the 1,907
accounting officer of the district first certifies that the 1,908
amount required to meet the expenditure or, in the case of a 1,909
continuing contract to be performed in whole or in part in a 1,910
subsequent fiscal year, the amount required to meet the contract 1,911
in the year in which the contract is made, has been lawfully 1,912
appropriated for such THE purpose and is in the treasury or in 1,914
process of collection to the credit of an appropriate fund free 1,915
from previous encumbrances. Accounts shall be kept in such form 1,916
as to show at all times the true condition of each appropriation. 1,917
Sec. 6101.441. In the event of the dissolution or 1,926
disorganization of any conservancy district organized pursuant to 1,927
sections 6101.01 to 6101.84 of the Revised Code THIS CHAPTER, the 1,929
board of directors of such THE district shall determine the 1,930
amount of funds of the district not needed for the payment of the 1,932
41
expenses and indebtedness of the district and shall, upon such 1,933
THE dissolution or disorganization, forthwith distribute such THE 1,935
funds among the various counties comprising such THE district in 1,936
the same proportion as the funds of the district were received 1,938
from such THE counties whether by donation, assessment, tax, or 1,940
otherwise. The amount due each county shall be paid to the 1,941
treasurer of such THE county and shall be placed and held by him 1,943
in a separate fund to be known as the "conservancy district 1,944
fund."
If a petition for the establishment of a new political 1,946
subdivision whose primary purpose is flood control, water 1,947
conservation, water supply, or water management, THAT IS 1,948
authorized under either sections 6101.01 to 6101.84 of the 1,950
Revised Code, THIS CHAPTER or under any other sections of the 1,952
Revised Code, and which THAT includes such THE county or a part 1,954
thereof, OF IT is pending at the time of, or is filed within one 1,956
year after the receipt of such THE moneys by such THE treasurer, 1,958
and such THE new political subdivision is subsequently organized, 1,960
or if such THE new political subdivision has been organized at 1,961
the time such THE moneys are received by the treasurer, such THE 1,963
treasurer shall, upon the written request of the directors of 1,965
such THE new political subdivision, forthwith pay over all funds 1,966
in such THE conservancy district fund to such THE new political 1,968
subdivision, and said THE subdivision may use and expend said THE 1,970
moneys for any purpose or purposes authorized by the sections of 1,971
the Revised Code under which it has been organized. As used in 1,972
this section, "new political subdivision" does not include the 1,973
following: any sewer district organized under any provisions of 1,974
the Revised Code; any sanitary district organized under sections 1,975
6115.01 to 6115.79 CHAPTER 6115. of the Revised Code; or any 1,977
joint county ditches or any interstate county ditches organized 1,978
under any provisions of the Revised Code. 1,979
If no petition for the organization of such a new political 1,981
subdivision is filed within one year after the receipt of such 1,982
42
THE money by the treasurer, he THE TREASURER shall, at the 1,984
expiration of such THE one-year period, transfer all moneys in 1,986
the conservancy district fund to a special fund of the county to 1,987
be held and used for drainage, flood control, water conservation, 1,988
water supply, or water management purposes in the areas therein 1,989
OF THE COUNTY from which such funds THE MONEYS were originally 1,991
derived. In the event such IF THE proposed political 1,992
subdivision, for the establishment of which a petition has been 1,993
filed within such THE one-year period, is not established or 1,995
organized, the treasurer shall make the same disposition of the 1,996
moneys in the conservancy district fund as in this paragraph 1,997
provided. 1,998
Sec. 6101.45. After the filing of a petition for the 2,007
organization of a conservancy district, and before the district 2,008
is organized, the costs of publication and other official costs 2,009
of the proceedings shall be paid out of the general funds of the 2,010
county in which the petition is pending. Such THE payment shall 2,011
be made on the warrant of the county auditor or on the order of 2,013
the court. If the district is organized, such THE costs shall be 2,014
repaid to the county out of the first funds received by the 2,016
district through levying of assessments or, selling of bonds, or 2,017
the borrowing of money. If the district is not organized, the 2,019
cost shall be collected from the petitioners or their bondsmen 2,020
BONDSPERSONS. Upon the organization of the district, the court 2,021
shall make an order indicating a preliminary division of the 2,023
preliminary expenses between the counties included in the 2,024
district in approximately the proportions of interest of the 2,025
various counties as estimated by said THE court. The court shall 2,026
issue an order to the auditor of each county to issue his A 2,028
warrant upon the county treasurer of his THE county to reimburse 2,029
the county having paid the total cost. 2,030
As soon as any district has been organized, and a board of 2,032
directors of the conservancy district has been appointed and 2,033
qualified, such THE board may levy upon the property within the 2,034
43
district in each of not more than two years a preliminary 2,035
assessment, based upon the benefit determined by the court as 2,036
provided by section 6101.08 of the Revised Code, but not to 2,037
exceed three-tenths of a mill on the assessed valuation thereof 2,038
OF THE PROPERTY, to be used for the purpose of paying expenses of 2,040
organization, for surveys and plans, appraisals, estimates of 2,041
cost, AND land options, and for other incidental expenses which 2,042
THAT may be necessary up to the time money is received from the 2,044
sale of bonds or otherwise. This assessment shall be certified 2,045
to the auditors of the various counties and by them to the 2,046
respective treasurers of their counties. If such THE items of 2,047
expense have already been paid in whole or in part from other 2,049
sources, they may be repaid from the receipts of such THE levy, 2,050
and such THE levy may be made although the work proposed may have 2,052
been found impracticable or for other reasons is abandoned. The 2,053
collection of such THE assessment shall conform in all matters to 2,055
the sections of the Revised Code governing the collection of 2,056
assessments levied by local political subdivisions, and the 2,057
sections of the Revised Code concerning the nonpayment of 2,058
assessments levied by local political subdivisions shall apply. 2,059
The board may borrow money in any manner provided for in sections 2,060
6101.01 to 6101.84, inclusive, of the Revised Code, THIS CHAPTER 2,061
and may pledge the receipts from such THE assessments for its 2,062
repayment, the information collected by the necessary surveys, 2,063
the appraisal of benefits and damages, and other information and 2,064
data being of real value and constituting benefits for which said 2,065
THE assessment may be levied. In case a district is disbanded 2,067
for any cause before the work is constructed, the data, plans, 2,068
and estimates which have been secure shall be filed with the 2,069
clerk of the court before which the district was organized and 2,070
shall be matters of public record available to any person 2,071
interested.
The board shall, upon levying the preliminary assessment, 2,073
certify to the director of the department of natural resources an 2,074
44
estimate of the amount of money the district will need to pay 2,075
expenses of organization, for surveys and plans, appraisals, 2,076
estimates of cost, AND land options, and FOR other incidental 2,078
expenses up to the time money is received by the district from 2,079
the sale of bonds or otherwise. The director, within sixty days 2,080
after the receipt of such THE certification, shall, upon finding 2,081
that the organization and operation of the district contribute to 2,083
the general welfare of the state, determine an equitable 2,084
percentage of the amount so certified to be paid by the state. 2,085
The director shall certify such THE determination to the board 2,086
and shall cause to be paid to the district, out of any moneys 2,088
appropriated to the department of natural resources for the 2,089
purpose of assisting conservancy districts to pay expenses of 2,090
organization, for surveys and plans, estimates of cost, AND land 2,091
options, and FOR other incidental expenses, the amount determined 2,092
by him THE DIRECTOR to be the equitable share of the state in 2,094
meeting such THE expenses. The director shall make available to 2,095
the board all plans, data, surveys, or other information, which 2,096
the department of natural resources or any division thereof OF IT 2,097
may have, which will be beneficial to the board in furthering the 2,098
purposes for which the district is organized. 2,099
Sec. 6101.48. After the CONSERVANCY appraisal record as 2,108
approved by the court, or that part thereof OF IT from which no 2,109
appeal is pending, has been filed with the secretary of the 2,111
conservancy district as provided in section 6101.37 of the 2,112
Revised Code, then from time to time, as the affairs of the 2,113
district demand it, the board of directors of the conservancy 2,114
district shall levy on all real property and on all public 2,115
corporations, upon which benefits have been appraised, an 2,116
assessment of such THE portion of said THE benefits as THAT is 2,118
found necessary by said THE board to pay the cost of the
execution of the official plan, including superintendence of 2,120
construction and administration, plus one-ninth of said THAT 2,121
total to be added for contingencies, but not to exceed in the 2,123
45
total of principal the appraised benefits so adjudicated. 2,124
Such THE assessment shall be apportioned to and levied on 2,126
each tract of land or other property and each public corporation 2,127
in the district in proportion to the benefits appraised, and not 2,128
in excess thereof OF THE BENEFITS APPRAISED. Interest at a rate 2,129
not to exceed the rate provided in section 9.95 of the Revised 2,131
Code, payable semiannually, shall be included in and added to the 2,132
said assessment, but such THE interest shall not be considered as 2,133
a part of the cost in determining whether or not the expenses and 2,135
costs of making the improvement are equal to or in excess of the 2,136
benefits appraised. 2,137
After the assessment is levied, the board shall report it 2,139
to the court for confirmation. Upon the entry of the order of 2,140
the court confirming the assessment, the clerk of the court shall 2,141
transmit a certified copy of the order to the governing or taxing 2,142
body of each political subdivision assessed, and the governing or 2,143
taxing body shall receive and file the order. Thereafter, the 2,144
board may order the issuance of notes in an amount not exceeding 2,145
ninety per cent of the assessment in anticipation of the 2,146
collection of the assessment. 2,147
After the court has confirmed the assessment, the secretary 2,149
of the conservancy district, at the expense of the district, 2,150
shall prepare in duplicate an assessment record of the district. 2,151
It shall be in the well-bound book indorsed and named 2,152
"Conservancy Assessment Record of . . . . . . . District." It 2,153
shall contain in tabular form a notation of the items of property 2,154
appraised and the public corporations to which benefits have been 2,155
appraised, the total amount of benefits appraised against each 2,156
item or public corporation, and the total assessment levied 2,157
against each item or public corporation. Where IF successive 2,158
levies of assessment are made for the execution of the official 2,160
plan and the acquisition or construction of improvements, the 2,161
conservancy assessment record shall contain suitable notations to 2,162
show the number of levies and the amount of each, to the end that 2,163
46
the conservancy assessment record may disclose the aggregate of 2,164
all such levies made up to that time. 2,165
Upon the completion of such THE CONSERVANCY ASSESSMENT 2,167
record, it shall be signed and certified by the president of the 2,169
board and by the secretary of the conservancy district, attested 2,170
by the seal of the district, and shall then be placed on file and 2,171
SHALL become a permanent record in the office of said THE 2,172
district. After the expiration of the thirty-day period for the 2,174
payment of assessments as provided by section 6101.49 of the 2,175
Revised Code, a copy of that part of the conservancy assessment 2,176
record affecting lands or public corporations in any county shall 2,177
be filed with the county auditor of such THE county. 2,178
If it is found at any time that the total amount of 2,180
assessments levied is insufficient to pay the cost of works set 2,181
out in the official plan or of additional work done, the board 2,182
may make an additional levy to provide funds to complete the 2,183
work, provided the total of all levies of such THE assessment 2,184
exclusive of interest does not exceed the total of benefits 2,185
appraised. 2,186
Sec. 6101.49. When the conservancy assessment record is 2,195
placed on file in the office of the conservancy district, notice 2,196
by publication shall be given to property owners and public 2,197
corporations assessed that they may pay their assessments. Any 2,198
owner of real property or public corporation assessed for the 2,199
execution of the official plan under sections 6101.01 to 6101.84, 2,200
inclusive, of the Revised Code, THIS CHAPTER may pay such THE 2,203
assessment to the treasurer of the conservancy district within 2,206
thirty days from the time such THE assessment is placed on file 2,207
in the office of the district, and the amount to be so paid shall 2,208
be ninety per cent of the full principal amount of the assessment 2,209
exclusive of any amount added thereto TO IT to meet interest. 2,210
When such THE assessment has been paid, the secretary of the 2,213
conservancy district shall enter upon said THE assessment record 2,214
and the duplicate thereof opposite each item for which payment is 2,215
47
made, the amount paid and the words "paid in full," and such THE 2,217
assessment shall be deemed satisfied. The payment of such THE 2,219
assessment does not relieve the landowner or public corporation 2,221
from the necessity for the payment of a maintenance assessment 2,222
nor for OR FROM payment of any further assessment which THAT may 2,223
be necessary as provided in such sections THIS CHAPTER. Any 2,224
property owner or public corporation failing to pay assessments 2,227
in full as provided for in this section shall be deemed to have 2,228
consented to the issuance of bonds as provided for under sections 2,229
6101.01 to 6101.84, inclusive, of the Revised Code, THIS CHAPTER 2,231
and to payment of interest thereon ON THEM. If any assessment is 2,234
twenty-five dollars or less, or whenever the unpaid balance of 2,235
any such assessment is twenty-five dollars or less, the same 2,236
ASSESSMENT OR BALANCE shall be paid in full, and not in 2,237
installments, at the time the first or next installment would 2,238
otherwise become due and payable.
After the expiration of the period of thirty days within 2,240
which the property owners and public corporations may pay their 2,241
respective assessments, as limited in this section, the treasurer 2,243
of the conservancy district shall certify to the board of 2,245
directors of the conservancy district the aggregate of the amount
so paid, and thereupon the board THEN shall pass and spread upon 2,246
its records a resolution in which shall be stated the total 2,249
amount of the assessment, and THE amount thereof OF IT paid. 2,252
Thereupon the THE board shall, in the same resolution, apportion 2,253
the total of the unpaid assessments into annual installments and 2,254
provide for the collection of interest upon the unpaid 2,255
installments. Thereafter, it may order the issuance of bonds in 2,257
an amount not exceeding ninety per cent of the unpaid assessment
in anticipation of the collection of said THE installments. The 2,259
residue of the assessment so levied, not less than ten per cent, 2,261
shall constitute a contingent account to protect the bonds from 2,263
casual default, and any part thereof OF IT in excess of the sum 2,265
of the next two installments of semiannual interest and ten per 2,266
48
cent of the next installment of maturing bond principal, if not
needed for this purpose, may be used for the purchase and 2,267
retirement of bonds of the district at not to exceed par and 2,268
accrued interest or for the reduction of the rate of assessment 2,269
in succeeding years.
Sec. 6101.50. (A) The board of directors of a conservancy 2,278
district may, if in its judgment it seems best, issue bonds in an 2,279
amount not to exceed ninety per cent of the total amount of the 2,280
unpaid portion of an assessment, exclusive of interest, levied 2,281
under sections 6101.01 to 6101.84 of the Revised Code, in 2,282
denominations of not less than one hundred dollars, bearing 2,283
interest from date at a rate not to exceed the rate provided in 2,284
section 9.95 of the Revised Code, payable semiannually THIS 2,285
CHAPTER, to mature at annual or semiannual intervals within 2,287
thirty years, commencing not later than five years, to be 2,288
determined by the board. Both principal and interest shall be 2,289
payable at the office of the treasurer of state. Whenever the 2,290
board determines to issue bonds in anticipation of the collection 2,291
of the installments of an assessment, it shall adopt a 2,292
resolution, to be known as the resolution of necessity, declaring 2,293
the necessity of such THE bond issue, and its purpose, and ITS 2,294
amount. Thereafter from time to time, prior to and in 2,296
anticipation of the issuance and sale of such THOSE bonds, the 2,298
board may borrow money and issue notes therefor in aggregate 2,299
amount not in excess of the amount of such bond issue, bearing 2,300
interest at a rate not in excess of the rate provided in section 2,301
9.95 of the Revised Code, payable semiannually or at maturity if 2,302
less than six months, and maturing not. WHENEVER THE BOARD 2,303
DETERMINES TO ISSUE NOTES, IT SHALL ADOPT A RESOLUTION, TO BE 2,304
KNOWN AS THE NOTE RESOLUTION. THE NOTE RESOLUTION SHALL DO ALL 2,305
OF THE FOLLOWING:
(1) STATE THE PRINCIPAL AMOUNT OR MAXIMUM PRINCIPAL AMOUNT 2,307
OF ANTICIPATORY NOTES TO BE ISSUED AND OUTSTANDING, NOT TO EXCEED 2,308
THE AMOUNT OF THE BOND ISSUE; 2,309
49
(2) PROVIDE FOR, OR PROVIDE THE METHOD FOR, ESTABLISHING 2,311
OR DETERMINING FROM TIME TO TIME THE RATE OR RATES OF INTEREST OR 2,312
THE MAXIMUM RATE OR RATES OF INTEREST TO BE PAID ON THE 2,313
ANTICIPATORY NOTES;
(3) STATE THE DATE OR DATES OF THE ANTICIPATORY NOTES; 2,315
(4) ESTABLISH PROVISIONS, IF ANY, FOR REDEMPTION OR 2,317
PREPAYMENT OF THE ANTICIPATORY NOTES, IN WHOLE OR IN PART, BEFORE 2,318
MATURITY;
(5) PROVIDE THE MATURITY DATE OF THE ANTICIPATORY NOTES, 2,320
WHICH SHALL NOT BE later than five years from the date of the 2,322
first issue of such THE notes. All of such 2,323
(B) ALL anticipatory notes issued for less than five years 2,325
may be renewed from time to time until the expiration of five 2,327
years from the date of original issue. After the expiration of 2,328
five years from the date of original issue, if any annual 2,329
installments of the assessments have been collected or are in 2,330
process of collection, the board may renew or continue to renew 2,331
its anticipatory notes from time to time until the board by a 2,332
bonding resolution declares the necessity of issuing bonds. The 2,333
notes shall be redeemable at any interest payment date. Such 2,334
notes may be sold at private sale but in no event shall they be 2,335
sold at less than par and accrued interest; but if the board 2,336
determines to sell such notes at public sale the procedure shall 2,337
be as provided in this section for the sale of bonds. Each 2,338
determination of the board to borrow money and issue notes shall 2,339
be evidenced by a resolution of the board. Whenever such 2,340
WHENEVER notes have been issued in anticipation of the 2,343
issuance of bonds, the proceeds of the bonds when issued and sold 2,344
and of the assessment pursuant to which the bonds are issued 2,345
shall be applied to the payment of the notes and interest thereon 2,346
ON THE NOTES until both are fully paid. 2,348
(C)(1) If the board determines not to issue such 2,350
anticipatory notes, or if such ANTICIPATORY notes are issued, 2,351
when AND they are about to fall due, the board shall adopt a 2,353
50
resolution, to be known as the bonding resolution, declaring. 2,354
THE BONDING RESOLUTION SHALL DO ALL OF THE FOLLOWING: 2,355
(a) DECLARE the necessity of the bonds presently to be 2,358
issued, and their purpose, and THEIR amount, in accordance with 2,360
the prior resolution of necessity, and fixing the date, rate of 2,361
interest, and maturity of the bonds. When;
(b) STATE OR PROVIDE FOR THE DATE OF THE BONDS, AND THE 2,363
DATES AND AMOUNTS OR MAXIMUM AMOUNTS OF MATURITIES OR PRINCIPAL 2,364
PAYMENTS ON THE BONDS;
(c) STATE ANY PROVISION FOR A MANDATORY SINKING FUND OR 2,366
MANDATORY SINKING FUND REDEMPTION OR FOR REDEMPTION PRIOR TO 2,367
MATURITY;
(d) PROVIDE FOR THE RATE OR RATES OF INTEREST OR MAXIMUM 2,369
RATE OR RATES OF INTEREST TO BE PAID ON THE BONDS OR, IF 2,370
OTHERWISE AUTHORIZED, THE METHOD FOR ESTABLISHING OR DETERMINING 2,371
FROM TIME TO TIME THE RATE OR RATES OF INTEREST TO BE PAID ON THE 2,372
BONDS;
(e) STATE ANY PROVISION FOR A DESIGNATED OFFICER OF THE 2,374
DISTRICT TO DETERMINE ANY OF THE SPECIFIC TERMS REQUIRED BY THIS 2,375
DIVISION TO BE STATED IN THE BONDING RESOLUTION, SUBJECT TO ANY 2,376
LIMITATIONS STATED IN THE BONDING RESOLUTION. 2,377
(2) WHEN anticipatory notes are not issued, the resolution 2,381
of necessity may be incorporated in and made a part of the 2,383
bonding resolution. All bonds shall be sold to the highest 2,384
bidder, after being advertised once a week for three consecutive 2,385
weeks and on the same day of the week, the first advertisement 2,386
being published at least twenty-one full days before the date of 2,387
sale, in a newspaper having general circulation in the county 2,388
wherein the office of the district is located. The advertisement 2,389
shall state the amount of bonds to be sold, how long they are to 2,390
run, the rate of interest to be paid thereon, the dates of 2,391
payment of interest, the purpose of the issue, and the day, hour, 2,392
and place where bids will be received. An advertisement may also 2,393
be published in recognized financial journals. Anyone desiring 2,394
51
to do so may present a bid for such bonds based upon their 2,395
bearing a different rate of interest than specified in the 2,396
advertisement. Where a fractional interest rate is bid, such 2,397
fraction shall be one quarter of one per cent or a multiple 2,398
thereof and uniform for all maturities. Every bidder shall file 2,399
with his bid a bond or certified check in an amount specified in 2,400
the advertisement but not less than one per cent of the amount of 2,401
the bonds to be sold.
Bonds of the district may be issued subject to call or 2,403
redemption prior to maturity at not more than par. When the 2,404
district has issued bonds subject to call or redemption prior to 2,405
maturity the board may refund such bonds at a lower rate of 2,406
interest than is provided therein, provided that the bonds issued 2,407
shall not exceed in amount the bonds refunded and the maturity of 2,408
the bonds so issued shall not extend beyond the maturity of the 2,409
bonds refunded. 2,410
No bonds shall be sold for less than the face value thereof 2,412
with accrued interest. The board shall accept the highest bid, 2,413
or if bids are received based upon a different rate of interest 2,414
than specified in the advertisement, the board shall accept the 2,415
highest bid resulting in the lowest net interest cost to the 2,416
district, presented by a responsible bidder. The net interest 2,417
cost shall be the difference between the interest cost over the 2,418
life of the bonds and the premium offered. If a bid is accepted 2,419
based upon a rate of interest other than that provided for in the 2,420
bonding resolution of the board, such acceptance before taking 2,421
effect must be approved by a supplemental resolution of the 2,422
board, and in such case bonds may be issued bearing the rate of 2,423
interest provided for in such accepted bid without further 2,424
amendment of the bonding resolution. When bonds have been once 2,425
advertised and offered at public sale, as provided by law, and 2,426
they or any part thereof remain unsold for want of bidders, those 2,427
unsold may be sold at private sale at not less than their par 2,428
value and accrued interest thereon bearing not to exceed the rate 2,429
52
of interest provided in the bonding resolution of the board. All 2,430
(D)(1) ANTICIPATORY NOTES AND BONDS MAY BE SOLD BY 2,432
COMPETITIVE BID OR AT PRIVATE SALE IN A MANNER DETERMINED OR 2,434
AUTHORIZED BY THE BOARD, BUT THEY SHALL NOT BE SOLD FOR LESS THAN 2,435
NINETY-SEVEN PER CENT OF THEIR PRINCIPAL AMOUNT, PLUS ACCRUED 2,436
INTEREST. AS USED IN THIS DIVISION, "BID" HAS THE SAME MEANING 2,437
AS IN DIVISION (C) OF SECTION 133.30 OF THE REVISED CODE.
(2) ALL moneys from premiums and accrued interest shall be 2,440
paid into the bond retirement fund. 2,441
(3) Bonds and ANTICIPATORY notes shall be signed by the 2,443
president of the board, AND BE attested by the seal of said 2,445
district and by the signature of the secretary of the conservancy 2,447
district, and bonds shall be registered by the treasurer of 2,448
state. Interest coupons attached to such bonds shall bear the 2,449
facsimile signatures of said president and secretary. In case IF 2,450
any of the officers whose signatures, countersignatures, or 2,451
certificates appearing APPEAR upon bonds, notes, or coupons 2,453
issued pursuant to sections 6101.01 to 6101.84 of the Revised 2,454
Code, THIS CHAPTER ceases to be such THAT officer before the 2,455
delivery of such THE bonds or notes to the purchaser, such THE 2,457
signatures, countersignatures, or certificates shall nevertheless 2,458
be valid and sufficient for all purposes, as if such THE officer 2,459
had remained in office until the delivery of the bonds or notes. 2,461
Bonds shall show on their face the purpose for which they 2,463
are issued, and shall be payable out of money derived from the 2,464
bond retirement fund. ALL 2,465
All assessments the collection of which has been 2,467
anticipated by the issuance of bonds or notes shall, when 2,468
collected, be paid into the bond retirement fund for the purpose 2,469
of paying the principal and interest of bonds and notes and for 2,470
no other purpose. All bonds and coupons not paid at maturity 2,471
shall bear interest at the rate provided in section 9.95 of the 2,472
Revised Code from maturity until paid or until sufficient funds 2,473
have been deposited at the place of payment. The expenses 2,474
53
incurred in paying said bonds and interest thereon and reasonable 2,475
compensation to the treasurer of state together with the costs to 2,476
the office of the treasurer of state for registering and paying 2,477
same ON BONDS shall be paid out of the other funds in the hands 2,478
of the treasurer of the conservancy district and collected for 2,480
the purpose of meeting the expenses of administration. That 2,481
portion of the funds paid to the treasurer of state that 2,482
represents the costs to his office shall be paid into the state 2,484
treasury to the credit of the general revenue fund. The 2,485
(E) THE BOARD MAY ISSUE ANTICIPATORY NOTES OR BONDS TO 2,487
FUND OR REFUND PREVIOUSLY ISSUED NOTES OR BONDS. THESE 2,488
ANTICIPATORY NOTES OR BONDS SHALL BE ISSUED PURSUANT TO A NOTE 2,489
RESOLUTION OR BONDING RESOLUTION AS DESCRIBED IN DIVISION (A) OR 2,490
(C) OF THIS SECTION.
MONEYS DERIVED FROM THE PROCEEDS OF ANTICIPATORY NOTES AND 2,492
BONDS ISSUED UNDER THIS DIVISION AND ANY MONEYS DERIVED FROM 2,493
OTHER SOURCES AND REQUIRED FOR THE FUNDING OR REFUNDING OF THE 2,494
PREVIOUSLY ISSUED NOTES OR BONDS SHALL BE PLACED, UNDER AN ESCROW 2,495
AGREEMENT OR OTHERWISE AND TO THE EXTENT REQUIRED BY THE 2,496
RESOLUTION, IN AN ESCROW FUND. THE ESCROW FUND MAY BE AN ACCOUNT
IN THE BOND RETIREMENT FUND IF THE PREVIOUSLY ISSUED NOTES OR 2,497
BONDS ARE PAYABLE WITHIN NINETY DAYS OF THE ISSUANCE OF THE 2,498
ANTICIPATORY NOTES OR BONDS UNDER THIS DIVISION. THE MONEYS IN 2,499
THE ESCROW FUND SHALL BE PLEDGED AND USED FOR THE PURPOSE OF 2,500
FUNDING OR REFUNDING THE PREVIOUSLY ISSUED NOTES OR BONDS.
(F) PENDING THEIR USE UNDER DIVISION (E) OF THIS SECTION, 2,503
THE MONEYS IN THE ESCROW FUND REFERRED TO IN THAT DIVISION SHALL
BE INVESTED IN DIRECT OBLIGATIONS OF, OR OBLIGATIONS GUARANTEED 2,504
AS TO PAYMENT BY, THE UNITED STATES THAT MATURE, OR ARE SUBJECT 2,505
TO REDEMPTION BY AND AT THE OPTION OF THE HOLDER, NOT LATER THAN 2,506
THE DATE OR DATES WHEN THE MONEYS IN THE ESCROW FUND, TOGETHER 2,507
WITH INTEREST OR OTHER INVESTMENT INCOME ACCRUED ON THOSE MONEYS, 2,508
ARE REQUIRED FOR THE PAYMENT OF DEBT CHARGES ON THE PREVIOUSLY 2,509
ISSUED NOTES OR BONDS UNDER DIVISION (E) OF THIS SECTION. ANY 2,510
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 2,511
TRANSFERRED TO THE BOND RETIREMENT FUND. FOR PURPOSES OF THIS 2,512
DIVISION, "DIRECT OBLIGATIONS OF, OR OBLIGATIONS GUARANTEED AS TO 2,513
PAYMENT BY, THE UNITED STATES" INCLUDES RIGHTS TO RECEIVE PAYMENT 2,514
OR PORTIONS OF PAYMENTS OF THE PRINCIPAL OF, OR INTEREST OR OTHER 2,515
INVESTMENT INCOME ON, THOSE OBLIGATIONS AND OTHER OBLIGATIONS 2,516
FULLY SECURED AS TO PAYMENT BY THOSE OBLIGATIONS AND THE INTEREST 2,517
OR OTHER INVESTMENT INCOME ON THOSE OBLIGATIONS.
(G) WHEN THE MONEYS, INCLUDING THE INTEREST OR OTHER 2,519
INVESTMENT INCOME ON THE MONEYS, IN THE ESCROW FUND REFERRED TO 2,520
IN DIVISION (E) OF THIS SECTION ARE DETERMINED BY AN INDEPENDENT 2,521
PUBLIC ACCOUNTING FIRM TO BE SUFFICIENT FOR THE PAYMENT OF THE 2,522
DEBT CHARGES ON THE PREVIOUSLY ISSUED NOTES OR BONDS UNDER THAT 2,524
DIVISION, THE FOLLOWING CONDITIONS SHALL APPLY:
(1) THE PREVIOUSLY ISSUED NOTES OR BONDS SHALL NO LONGER 2,526
BE CONSIDERED OUTSTANDING. 2,527
(2) THE PREVIOUSLY ISSUED NOTES OR BONDS SHALL NO LONGER 2,529
BE CONSIDERED FOR PURPOSES OF DETERMINING ANY DIRECT OR INDIRECT 2,530
LIMITATION ON THE INDEBTEDNESS OR NET INDEBTEDNESS OF THE 2,531
DISTRICT.
(3) THE LEVY OF SPECIAL ASSESSMENTS OR OTHER CHARGES FOR 2,533
THE PAYMENT OF THE DEBT CHARGES ON THE PREVIOUSLY ISSUED NOTES OR 2,534
BONDS UNDER THIS CHAPTER, CHAPTER 5705. OF THE REVISED CODE, OR 2,535
OTHER PROVISIONS OF THE REVISED CODE IS NOT REQUIRED.
(H) THE board in making the annual assessment levy shall 2,538
take into account the maturing bonds and interest on all bonds, 2,539
and shall make ample provision in advance for the payment thereof 2,540
OF THOSE BONDS AND THAT INTEREST. 2,541
In case the proceeds of the original assessments made under 2,543
section 6101.48 of the Revised Code are not sufficient to pay the 2,544
principal and interest of all bonds issued, then the board shall 2,545
make such additional levies as are necessary for this purpose, 2,546
and under no circumstances shall any assessment levies be made 2,547
55
that will in any manner or to any extent impair the security of 2,548
said THE bonds or the fund available for the payment of the 2,549
principal and interest of the same BONDS. 2,550
Sec. 6101.501. A conservancy district or a subdistrict 2,559
thereof OF IT may issue revenue bonds for the purpose of paying 2,560
all or part of the cost of acquiring or constructing any 2,562
improvement which THAT the district or subdistrict is authorized 2,563
to acquire or construct, and such THE improvement may include 2,565
equipment, land or interests in land, and facilities necessary or 2,567
appropriate to such THE improvement. Such THE bonds shall be 2,569
secured only by a pledge of, and lien upon, such THE portion as 2,571
the board of directors of the conservancy district determines of 2,572
the revenues derived from fees, rates, and charges for the use of 2,573
any facilities or services of the district or subdistrict, after 2,574
the payment of costs and expenses of operation and maintenance of 2,575
such THE facilities, and the covenant of the district or 2,576
subdistrict to maintain sufficient fees, rates, and charges to 2,577
produce adequate revenues to pay such THE costs and expenses and 2,578
for the payment of such THE bonds. Such THE bonds shall be 2,580
negotiable instruments, but shall not constitute general 2,582
obligations of the district or subdistrict. 2,583
Such THE bonds shall bear interest at not to exceed the 2,585
rate provided in section 9.95 of the Revised Code, payable 2,586
semiannually, shall mature in annual or semiannual installments 2,587
within forty years from their date, and may be made callable and, 2,588
if so issued, may be refunded. Such THE bonds shall be signed by 2,590
the president of the board and attested by the seal of said 2,591
district and by the signature of the secretary of the conservancy 2,592
district, provided that one of such THE signatures may be a 2,593
facsimile and a facsimile of such seal may be imprinted on said 2,595
bonds. Interest ANY INTEREST coupons attached to such THE bonds 2,597
shall bear the facsimile signatures of the president and 2,598
secretary. In case any officer who has signed such THE bonds or 2,599
caused his THE OFFICER'S facsimile signature to be affixed 2,602
56
thereto TO THE BONDS ceases to be such THAT officer before the 2,603
bonds so signed have been actually delivered, such THE bonds, 2,604
nevertheless, may be issued and delivered as though the person 2,606
who had signed such THE bonds, or caused his THE PERSON'S 2,607
facsimile signature to be affixed thereto TO THE BONDS, had not 2,610
ceased to be such THAT officer; any such bonds may be executed on 2,612
behalf of the district by an officer who, at the actual date of 2,613
execution of such THE bonds, is the proper officer of the 2,615
district, although at the date of such THE bonds such THE person 2,616
was not such an officer. Such THE bonds may be sold as provided 2,618
in section 6101.50 of the Revised Code or at private sale, at the 2,619
option of the board, and shall be registrable as provided in 2,620
section 6101.52 of the Revised Code. 2,621
In the discretion of the board of directors, such THE 2,623
revenue bonds may be further secured by a trust agreement between 2,624
the board and a corporate trustee, which may be any trust company 2,625
or bank having the powers of a trust company within or without 2,626
the state. Such THE trust agreement may pledge or assign 2,627
revenues to the payment of the principal of and interest on such 2,629
THE bonds and reserves therefor FOR THE BONDS, but shall not 2,630
convey or mortgage any property of the district or subdistrict. 2,632
Any such trust agreement may contain such provisions for 2,633
protecting and enforcing the rights and remedies of the 2,634
bondholders as are reasonable and proper and not in violation of 2,635
law, including provisions for issue of additional revenue bonds 2,636
to be secured ratably with any revenue bonds theretofore or 2,637
thereafter PREVIOUSLY OR SUBSEQUENTLY issued, covenants setting 2,638
forth the duties of the board in relation to the acquisition, 2,639
improvement, maintenance, operation, repair, and insurance of the 2,640
facilities in connection with which such THE bonds are 2,641
authorized, the custody, safeguarding, and application of all 2,643
revenues and moneys, the insurance of moneys on hand or on 2,644
deposit, the rights and remedies of the trustee and the holders 2,645
of the bonds, including therein IN THEM provisions restricting 2,646
57
the individual right of action of bondholders as is customary in 2,648
trust agreements respecting bonds and debentures of corporations, 2,649
the security to be given by those who contract to construct the 2,650
project and by any bank or trust company in which the proceeds of 2,651
bonds or revenues are deposited, and such other provisions as the 2,652
board deems CONSIDERS reasonable and proper for the security of 2,653
the bondholders. All expenses incurred in carrying out the 2,655
provisions of any such trust agreement may be treated as a part 2,656
of the cost of maintenance, operation, and repair of the 2,657
facilities for which the bonds were issued. 2,658
The board shall covenant and agree to maintain, so long as 2,660
there are outstanding any such bonds payable from revenues, 2,661
adequate fees and charges for the use of the facilities or 2,662
services from which such THE revenues are derived for the payment 2,664
of the principal and interest on such THE bonds and for the 2,665
creation and maintenance of reserves therefor FOR THAT PAYMENT 2,667
and reserves for operation, maintenance, replacement, and 2,669
renewal.
If the revenues pledged to pay revenue bonds prove 2,671
insufficient to pay maturing bonds, bonds which THAT have matured 2,673
or are about to mature may be refunded, providing PROVIDED THAT 2,674
the refunding bonds so issued shall mature in not more than 2,676
fifteen years after issuance; or all of the outstanding bonds, 2,677
both matured and unmatured, of any such issue may be refunded if 2,678
such THE outstanding bonds can be retired by call for redemption 2,680
or with the consent of the holders, either from the proceeds of 2,681
the sale of the refunding bonds or by exchange, provided such 2,682
PROVIDED THAT THE refunding bonds shall not exceed in amount the 2,684
par value of the bonds to be refunded plus the redemption price 2,685
in excess of par value, if any, required to be paid upon their 2,686
call for redemption, and the maturity of such THE refunding bonds 2,687
shall not exceed forty years after their issuance. 2,689
The terms and provisions of any such refunding bonds, the 2,691
method of their issue, and the documents to be executed for the 2,692
58
security thereof, OF THEM shall be as provided for an original 2,693
issue of revenue bonds, except that they may mature in one or 2,695
more installments and contain such provisions for sinking fund 2,696
and for calls from sinking fund as the board of directors may 2,697
determine, and except that they may be exchanged in whole or in 2,698
part for the bonds to be refunded. 2,699
Sec. 6101.51. The treasurer of a conservancy district, at 2,708
the time of taking office, shall execute to the district and 2,709
deliver to the president of the board of directors of the 2,710
conservancy district, a bond with good and sufficient sureties, 2,711
to be approved by the board, conditioned that the treasurer shall 2,712
account for and pay over as required by law, and as ordered by 2,713
the board, all money received by him THE TREASURER on the sale of 2,715
bonds and notes or from any other source, and that he THE 2,716
TREASURER only shall deliver the bonds and notes to the 2,719
purchasers thereof under and according to the terms prescribed in 2,720
this section and section 6101.50 of the Revised Code, and that, 2,721
when ordered by the board to do so, he THE TREASURER shall return 2,722
to the board, duly canceled, any bonds and notes not sold, which 2,724
bonds and notes shall remain in the custody of the board, which 2,725
shall produce them for inspection or for use as evidence whenever 2,726
and wherever legally requested to do so. The cost of the bond of 2,727
the treasurer of the district shall be paid by the board from the 2,728
funds of the district. The board shall make appropriations at 2,729
the proper time for the payment of the maturing bonds and notes 2,730
of the district and the interest payments coming due on all bonds 2,731
and notes sold, and the treasurer of the district shall place 2,732
sufficient funds at the place of payment to pay them. If proper 2,733
appropriations are not made by the board as provided in this 2,734
section, the treasurer of the district of his THE TREASURER'S own 2,735
accord shall place funds at the place of payment and report that 2,737
action to the next meeting of the board. The canceled bonds and 2,738
coupons, receipted notes, and receipts of the treasurer of state 2,739
shall be evidence of such payment.
59
All moneys of a district deposited with the treasurer of 2,741
state to provide for the payment of bonds and interest shall be 2,742
deposited by the treasurer of state in the name of the district 2,743
in a national or state bank subject to the same conditions as are 2,744
provided by law for the deposit of moneys of the state, and all 2,745
interest received on the deposit shall be paid to the district. 2,746
The successor in office of any treasurer of a conservancy 2,748
district is not entitled to take over the assets of the treasury 2,749
until he THE TREASURER has complied with this section. Moneys 2,750
derived from the sale of bonds and from all other sources shall 2,752
be deposited by the treasurer of the district with depositories 2,753
designated by the board. At intervals of not greater than two 2,754
years, the board shall invite proposals from banks and trust 2,755
companies for the deposit of district funds. So long as such 2,756
banks and trust companies are permitted by law to pay interest, 2,757
the board shall select as depositories the bank or banks or trust 2,758
company or companies that at competitive bidding offer the 2,759
highest rate or rates of interest, but if no proposal offering 2,760
depository interest is received, the board may designate 2,761
depositories for the funds of the district without payment of 2,762
interest. The selection of any depository shall be evidenced by 2,763
a resolution of the board, which shall set forth the terms 2,764
governing the selection. The funds so deposited shall be 2,765
protected at all times by the hypothecation by the depository of 2,766
securities of market value or par value, whichever is less, in an 2,767
amount equal to one hundred per cent of the funds, and additional 2,768
securities shall be hypothecated when necessary to maintain that 2,769
percentage. The hypothecation of the securities by the depository 2,770
does not require that the securities be placed in the possession 2,771
of the treasurer of the district. The depository, by written 2,772
notice to the board and to the treasurer, may designate a 2,773
qualified trustee and deposit the eligible securities required by 2,774
this section with the trustee for safekeeping for the account of 2,775
the treasurer and the depository, as their respective rights to 2,776
60
and interests in the securities under this section may appear and 2,777
be asserted by written notice to or demand upon the trustee. In 2,778
that case, the treasurer shall accept the written receipt of the 2,779
trustee, describing the securities, as and for a hypothecation of 2,780
the described securities, and issue to the depository his written 2,782
acknowledgment to that effect, keeping a copy thereof in his 2,783
office. Thereupon, the securities described in the trustee's 2,784
receipt shall be deemed to have been hypothecated with the 2,785
treasurer and to have been deposited with him for all the 2,787
purposes of this section. The amount so determined of the
securities to be hypothecated shall be reduced by an amount equal 2,788
to the insurance of deposits provided by the federal deposit 2,789
insurance corporation pursuant to the act of congress known as 2,790
the "Banking Act of 1933," 48 Stat. 162, 12 U.S.C.A. 1811, as 2,791
amended. The securities shall be obligations of, or guaranteed 2,792
as to principal and interest by, the United States or obligations 2,793
of the state or of the conservancy district or, subject to 2,794
acceptance by the board, obligations of any political subdivision 2,795
lying wholly or partly within the boundaries of the district. 2,796
From time to time as the amount on deposit is reduced, the amount 2,797
of the hypothecated securities may be reduced, but the total 2,798
protection of deposits shall be not less than the amount on 2,799
deposit. The board may invest moneys of the district in United 2,800
States savings bonds or other interest bearing obligations of the 2,801
United States IN ACCORDANCE WITH SECTIONS 135.01 TO 135.21 OF 2,802
THE REVISED CODE. The funds derived from the sale of any of the 2,803
bonds and notes shall be used only for paying the cost of the 2,804
properties, works, and improvements and such costs, expenses, 2,805
fees, and salaries as are authorized by law. 2,806
The district may secure the payment of loans from the 2,808
United States government in the same manner as it may secure the 2,809
payment of bonds, and the board may make any necessary 2,810
regulations to provide for that payment. 2,811
A party who has not sought a remedy against any proceeding 2,813
61
under this chapter, until such bonds or notes have been sold or 2,814
the work constructed, cannot for any cause have an injunction 2,815
against the collection of taxes or assessments for the payment of 2,816
the bonds OR NOTES. 2,817
Such bonds shall have all the qualities of negotiable paper 2,819
under the law merchant, and when executed and sealed and 2,820
registered in the office of the treasurer of state in conformity 2,821
with this chapter, and when sold in the manner prescribed in this 2,822
section and section 6101.50 of the Revised Code and the WHEN 2,823
consideration therefor FOR BONDS is received by the district, THE 2,825
BONDS shall not be invalid for any irregularity or defect in the 2,826
proceedings for the issue THEIR ISSUANCE and sale thereof, and 2,827
shall be incontestable in the hands of bona fide purchasers or 2,829
holders thereof OF THE BONDS for value. No proceedings in 2,831
respect to the issuance of any such bonds are necessary except 2,832
such as are required by this chapter.
Notwithstanding any other provision of this section 2,834
governing the deposit or investment of moneys of a conservancy 2,835
district, the board of directors of such a district, for the 2,836
purpose of providing for the investment of the moneys on the 2,837
district's behalf, may order the treasurer of the district to 2,838
invest moneys of the district in the Ohio subdivisions 2,839
SUBDIVISION'S fund authorized to be created under section 135.45 2,841
of the Revised Code. Any such investments in the fund are 2,842
subject to and governed by that section and rules adopted under 2,843
it.
Sec. 6101.52. Whenever the owner of any coupon bond issued 2,852
pursuant to sections 6101.01 to 6101.84, inclusive, of the 2,853
Revised Code, THIS CHAPTER presents such THE bond to the 2,855
treasurer of the conservancy district with a request for the 2,856
conversion of such THE bond into a bond registered as to 2,858
principal and interest, said THE treasurer shall cut off and 2,860
cancel the coupons of any such THE coupon bond so presented, and 2,862
shall stamp, print, or write upon such THE coupon bond, either 2,863
62
upon the back or the face thereof OF IT or in blanks provided 2,864
therefor, as is convenient, FOR THE PURPOSE a dated and signed 2,866
statement to the effect that said THE bond is registered as to 2,867
principal and interest in the name of the owner and that 2,868
thereafter the interest and principal of said THE bond are 2,869
payable to the registered owner. Upon request of an owner 2,871
similarly made for registration of any coupon bond as to
principal only, the treasurer of the district shall similarly 2,872
record on such THE bond a statement to the effect that said THE 2,874
bond is registered as to principal and that thereafter the 2,876
principal of said THE bond is payable to the registered owner. 2,878
Thereafter, and from time to time, any bond so registered as to 2,879
principal and interest or as to principal only may be transferred 2,881
by such THE registered owner in person or by attorney duly 2,883
authorized on presentation of such THE bond to the treasurer of 2,885
the district and the bond again registered as before, a similar
statement being stamped, printed, or written thereon ON IT. If 2,886
such THE bond is so registered, the principal and interest of 2,888
such THE bond or the principal thereof OF IT, if registered as to 2,890
principal only, shall be payable to the registered owner. Upon 2,891
request of the owner of any registered bond, such THE bond may be 2,892
discharged from registration by being in like manner transferred 2,893
and made payable to bearer and, if such THE bond has been 2,894
registered as to interest, by attaching thereto TO IT 2,896
reproductions of the original interest coupons thereafter 2,897
payable; but the cost of reproducing and attaching such THE 2,898
coupons shall be paid by the owner of such THE bond. The 2,900
treasurer of the district shall enter in a register of such bonds 2,902
to be kept by him, or in a separate book, THE TREASURER the fact 2,903
of the registration of such THE bond and the name of the 2,904
registered owner thereof OF IT so that said THE register or book 2,906
at all times shows what bonds are registered, the kind of
registration, and the name of the registered owner thereof. Not 2,908
more than thirty nor less than fifteen days prior to each payment 2,910
63
date for payment of principal or interest the treasurer of the 2,911
district shall certify the record of registered bonds to the 2,912
treasurer of state.
Sec. 6101.53. To maintain, operate, and preserve the 2,921
reservoirs, ditches, drains, dams, levies, canals, sewers, 2,922
pumping stations, treatment and disposal works, or other 2,923
properties or improvements acquired or made pursuant to sections 2,924
6101.01 to 6101.84, inclusive, of the Revised Code THIS CHAPTER, 2,925
and to strengthen, repair, and restore the same, when needed, and 2,927
to defray the current expenses of the conservancy district, the 2,928
board of directors of the conservancy district may, upon the 2,929
substantial completion of said THE improvements and on or before 2,930
the first day of September in each year thereafter, levy an 2,932
assessment upon each tract or parcel of land and upon each public 2,933
corporation within the district, subject to assessments under 2,934
such sections THIS CHAPTER, to be known as a conservancy 2,935
maintenance assessment. No such assessment shall be made with 2,937
respect to works and improvements acquired or constructed for the 2,938
purpose of providing a water supply for domestic, industrial, and 2,939
public use within the district, when such THE water supply can be 2,940
metered or measured when furnished to persons or public 2,942
corporations. If the district, for the benefit of one or more 2,943
persons or political subdivisions, provides a water supply that 2,944
recharges underground aquifers and thereby replenishes wells or 2,945
provides a source of water for new wells, or increases the 2,946
natural low flow of a stream used for water supply, or creates an 2,947
impoundment, in such a way that the augmented use of water cannot 2,948
be metered or measured for individual or public consumption, the 2,949
board may make a maintenance assessment against benefited 2,950
property and public corporations in the same manner provided 2,951
herein IN THIS SECTION for maintenance of other properties or 2,953
improvements.
Said THE maintenance assessment shall be apportioned upon 2,955
the basis of the total appraisal of benefits accruing for 2,956
64
original and subsequent construction, shall not exceed one per 2,957
cent thereof OF THE TOTAL APPRAISAL OF BENEFITS in any one year 2,958
unless the court by its order authorizes an assessment of a 2,960
larger percentage, SHALL NOT BE LESS THAN TWO DOLLARS, and shall 2,961
be certified to the county auditor of each county in which lands 2,962
of said THE district are located in the conservancy assessment 2,964
book RECORD but in a separate column in like manner and at the 2,966
same time as the annual installment of the assessment levied 2,967
under section 6101.48 of the Revised Code is certified, under the 2,968
heading "Maintenance MAINTENANCE assessment." Said THE auditor 2,970
shall certify the same to the county treasurer of the county at 2,972
the same time that he THE AUDITOR certifies the annual 2,973
installment of the assessments levied under such THAT section, 2,974
and the sum of such THE levies for any tract or public 2,975
corporation may be certified as a single item. The treasurer 2,977
shall demand and collect the maintenance assessment and make 2,978
return thereof OF IT, and shall be liable for the same penalties 2,980
for failure to do so as are provided for the annual installment 2,981
of the assessment levied under section 6101.48 of the Revised 2,982
Code.
The board of directors of the conservancy district may 2,984
adopt a resolution requiring that any annual maintenance 2,985
assessments authorized by this section that are for ten dollars 2,986
or less be collected biennially or triennially rather than 2,987
annually. The resolution shall specify the maximum dollar
amount, not to exceed ten dollars for each year for which the 2,988
collection is being made, that may be accumulated and collected 2,989
either biennially or triennially, whichever is indicated in the 2,991
resolution. The board annually shall certify to the county
auditor the amount of such assessments to be collected in that 2,992
year, if any, and the county auditor shall proceed to collect 2,993
those certified amounts in the same manner as provided for 2,994
collection of all other maintenance assessments under this 2,995
section.
65
The amount of the maintenance assessment paid by any parcel 2,997
of land or public corporation shall not be credited against the 2,998
benefits assessed against such THE parcel of land or public 2,999
corporation;, but the maintenance assessment shall be in addition 3,001
to any assessment that has been or can be levied under section 3,002
6101.48 of the Revised Code. 3,003
To maintain, operate, and preserve the works and 3,005
improvements of the district acquired or constructed for the 3,006
purpose of providing a water supply, to strengthen, repair, and 3,007
restore the same, and to defray the current expenses of the 3,008
district for this purpose, the board may impose rates for the 3,009
sale of water to public corporations and persons whithin WITHIN 3,010
the district. The rates to be charged for such THE water shall 3,012
be fixed and adjusted by the board at intervals of not less than 3,014
one year, so that the income thus produced will be adequate to 3,015
provide a maintenance fund for the purpose of water supply. 3,016
Contracts for supplying water to public corporations and persons 3,017
shall be entered into before such THE service is rendered by the 3,018
district. Such contracts CONTRACTS shall specify the maximum 3,020
quantity of water to be furnished to the public corporation or 3,022
person, which AND THE quantity shall be fixed so as equitably to 3,024
distribute the supply. Preference shall be given to water supply 3,025
furnished to public corporations for domestic and public uses. 3,026
Bills for water supplied to public corporations shall be rendered 3,027
at regular intervals and shall be payable from the waterworks 3,028
fund of the public corporation or, if it is not sufficient, from 3,029
the general fund. 3,030
Sec. 6101.54. Whenever the owners or representatives of 3,039
twenty-five per cent or more of the acreage or value of the lands 3,041
in a conservancy district or the board of directors of a
conservancy district file a petition with the clerk of the court 3,042
having jurisdiction in the original case, stating that there has 3,043
been a material change in the values of the property in the 3,044
district or additional benefits are being derived from the works 3,045
66
and the improvements of the district since the last previous 3,046
appraisal of benefits, and praying for a readjustment of the 3,047
appraisal of benefits for the purpose of making a more equitable 3,048
basis for the levy of the maintenance assessment under section 3,049
6101.53 of the Revised Code, the clerk shall give notice of the 3,050
filing and OF A hearing of said THE petition by publication in 3,052
the manner provided in division (A) of section 6101.01 of the 3,053
Revised Code.
Upon hearing of said THE petition, if said THE court finds 3,056
there has been a material change in the values of property in 3,057
said THE district, or that additional benefits are derived from 3,058
the works and improvements of the district, or both, since the 3,059
last previous appraisal of benefits, the court shall order that 3,060
there be a readjustment of the appraisal of benefits for the 3,061
purpose of providing a basis upon which to levy the maintenance 3,063
assessment of said THE district. Thereupon the THE court THEN 3,065
shall direct the board of appraisers of the conservancy district
to make such THE readjustment in the manner provided in sections 3,067
6101.01 to 6101.84, inclusive, of the Revised Code THIS CHAPTER, 3,068
and said THE board shall make its report. The same proceedings 3,069
shall be had thereon ON IT, as nearly as may be, as are provided 3,071
in such sections THIS CHAPTER for the appraisal of benefits 3,073
accruing for original construction. In making the readjustment 3,074
of the appraisal of benefits, the readjusted appraisal shall not 3,075
be limited to the aggregate amount of nor OR to the benefits or 3,076
properties or persons listed in the original or any previous 3,078
appraisal of benefits, and, after the making of such THE 3,079
readjustment, the limitation of the annual maintenance assessment 3,081
to one per cent of the total appraised benefits, BUT NOT LESS 3,082
THAN TWO DOLLARS, shall apply to the amount of the benefits as 3,083
readjusted. There shall be no such readjustment of benefits 3,084
oftener MORE OFTEN than once in eight SIX years. 3,085
Sec. 6101.55. The board of directors of a conservancy 3,094
district shall each year after the original assessment has been 3,095
67
levied determine, order, and levy the annual levy, which shall 3,096
include all assessments, or installments of assessments, together 3,097
with interest, levied under sections 6101.01 to 6101.84 of the 3,098
Revised Code THIS CHAPTER, which become due in the ensuing year, 3,099
and such. THE annual levy shall be due and be collected at the 3,101
same time that state and county taxes are due and collected. 3,102
After bonds have been sold, in the determination of an annual 3,103
levy, the rate of interest upon the unpaid installments of an 3,104
assessment shall be the rate borne by the bonds which THAT have 3,105
been issued and sold pursuant to such THE assessment. The annual 3,106
levy as SHALL BE recorded in the conservancy assessment book 3,108
RECORD, shall be signed and certified by the president of the 3,110
board and by the secretary of the conservancy district, attested 3,111
by the seal of the district, not later than the first day of July 3,112
SEPTEMBER each year, and the levy shall thereafter become a 3,114
permanent record in the office of the district. The
THE certificate of the annual levy shall be substantially 3,116
as set forth in section 6101.84 of the Revised Code. THEN 3,117
Then shall follow a table or schedule showing in properly 3,119
ruled columns BOTH OF THE FOLLOWING: 3,120
(A) The names of the owners of the property and the names 3,122
of the public corporations assessed, which may be as they 3,123
appeared in the decree of the court confirming the appraisals; in 3,124
the case of a county, municipal corporation, or township, the 3,125
names of individual owners need not be given, but only the name 3,126
of the county, municipal corporation, or township; 3,127
(B) The descriptions of the property opposite the names of 3,129
the owners; 3,130
(C)(B) The total amount of the annual levy on each piece 3,132
of property and on each public corporation for the account of all 3,133
funds and the amount of each item making up such THE total; 3,135
(D) A blank column in which the county auditor shall 3,137
record the several amounts as collected by him; 3,138
(E) A blank column in which the auditor shall record the 3,141
68
date of payment of the different sums; 3,142
(F) A blank column in which the auditor shall report the 3,145
names of the persons paying the several amounts. 3,146
The form of the ANNUAL LEVY PORTION OF THE CONSERVANCY 3,148
assessment book RECORD as prescribed in this section may be 3,150
modified with the approval of the auditor of state. THE
Such certificate OF THE ANNUAL LEVY and report THE ANNUAL 3,153
LEVY PORTION OF THE CONSERVANCY ASSESSMENT RECORD shall be
prepared in duplicate in a well-bound book which shall be 3,155
endorsed and named "Conservancy Assessment Book RECORD of 3,156
................ District, ................. County, Ohio." The 3,157
endorsement shall also be printed at the top of each page in the 3,159
book.
One copy of that part of such duplicate THE ASSESSMENT 3,161
RECORD affecting lands and public corporations in any county 3,163
shall be forwarded to the county auditor of such THAT county. 3,164
The auditor of each county shall receive the copy as a tax book, 3,166
shall set up as a charge upon the county treasurer the total 3,167
amount of assessments levied as shown by such book THE ASSESSMENT 3,168
RECORD, and shall certify such book THE RECORD as other tax 3,169
records to the county treasurer of his THE county. The treasurer 3,170
shall collect the amount according to law. Such THE assessment 3,172
book RECORD shall be the treasurer's warrant and authority to 3,175
demand and receive the assessments due in his THE county as found 3,176
in the same THE RECORD. 3,177
In the event of any failure of the board to determine and 3,179
order an annual levy for the purpose of paying the interest and 3,180
principal of any bonds pursuant to sections 6101.01 to 6101.84 of 3,181
the Revised Code THIS CHAPTER, the auditor of the county in which 3,182
the lands and public corporations subject to such THE assessments 3,184
are situated shall make and complete a levy of the special 3,186
assessments necessary for the purpose against the lands and 3,187
public corporations in the district, and each piece of property 3,188
therein IN THAT COUNTY against which benefits have been 3,190
69
appraised. Any assessment so made and completed by the auditor 3,191
shall be made and completed by him THE AUDITOR in the manner 3,192
provided for the making and completion of an assessment by the 3,194
board, and shall have the same effect as a levy of assessments 3,195
determined and ordered by the board.
Sec. 6101.57. Each county treasurer charged with 3,204
collection of assessments shall make due report to the county 3,205
auditor of the sums collected by him THE TREASURER, and the 3,206
auditor shall issue his A warrant payable to the treasurer of the 3,208
conservancy district for all sums of money in the hands of the 3,209
county treasurer, according to such THE report. Said THE 3,210
auditor, as soon as the books RECORDS for collection are closed 3,212
by the county treasurer according to law, shall make report to 3,213
the treasurer of said THE district of the sums collected, and of 3,215
the assessments not collected, as returned to him THE AUDITOR by 3,216
the county treasurer BY THE FIRST DAY OF DECEMBER OF EACH YEAR. 3,217
The secretary of the conservancy district shall thereupon provide 3,218
a certified delinquent assessment list which shall be known as 3,220
the "Delinquent Assessment Book of ........... District, 3,221
.......... County," and forward the same in duplicate to the 3,222
auditor of said county who shall add the penalty and interest 3,223
fixed by law and transmit one copy to the county treasurer, who 3,224
shall forthwith proceed to collect said assessment and penalty 3,225
and interest, according to law. 3,226
Except as otherwise provided in section 6101.59 of the 3,228
Revised Code, the laws with respect to delinquent assessments and 3,229
taxes shall apply to all assessments and taxes provided for in 3,230
sections 6101.01 to 6101.84 of the Revised Code THIS CHAPTER, 3,231
which remain unpaid when the county treasurer closes his tax and 3,234
THE TREASURER'S assessment books RECORDS, and such THE DELINQUENT 3,235
assessments and taxes are subject to the same rate of interest 3,237
and penalty as provided by law for delinquent assessments and 3,238
taxes of other political subdivisions.
Sec. 6101.58. Before receiving the assessment book RECORD 3,247
70
provided for by section 6101.55 of the Revised Code, the county 3,248
treasurer of each county in which lands or other property of the 3,249
conservancy district are located shall execute to the district 3,250
and deliver to the board of directors of the conservancy district 3,251
a bond with a surety company authorized to conduct a surety 3,252
business in this state as surety, which bond shall be paid for by 3,253
the district, in a sum prescribed by the board and approved by 3,254
the court, conditioned that said THE treasurer shall pay over and 3,256
account for all assessments so collected by him THE TREASURER 3,258
according to law. Said THE bond after approval by said THE board 3,260
shall be deposited with the secretary of the conservancy 3,261
district, who shall be custodian thereof OF THE BOND. Such THE 3,263
secretary shall produce the bond for inspection and use as 3,265
evidence whenever and wherever lawfully requested to do so. 3,266
Sec. 6101.59. All conservancy DISTRICT assessments and 3,275
taxes provided for in sections 6101.01 to 6101.84 of the Revised 3,276
Code THIS CHAPTER, together with all penalties and interest for 3,278
default in payment of the same ASSESSMENTS, and all costs in 3,279
collecting the same ASSESSMENTS, including a reasonable 3,281
attorney's fee, to be fixed by the court and taxed as costs in 3,282
the action brought to enforce payment, from the date of filing 3,283
the certificate described in this section in the office of the 3,284
county auditor for the county wherein IN WHICH the lands and
properties or public corporations are located, until paid, shall 3,285
constitute a lien, to which only the lien of the state for 3,286
general state, county, municipal corporation, school, and road 3,287
taxes shall be paramount, upon all the lands and other property 3,288
or public corporation against which such taxes THE ASSESSMENTS 3,289
are levied as is provided in sections 6101.01 to 6101.84 of the 3,291
Revised Code THIS CHAPTER. No lands or properties to which the 3,293
lien of the conservancy DISTRICT assessments or taxes has 3,294
attached shall be forfeited to the state pursuant to its lien for 3,295
taxes except pursuant to section 5723.01 of the Revised Code. 3,296
Such THE lien of the conservancy DISTRICT assessments and taxes 3,298
71
may be evidenced by a certificate substantially in the form in 3,299
the schedule provided in section 6101.84 of the Revised Code. 3,300
The certificate and tables shall be prepared in a well-bound book 3,301
RECORD by the secretary of the conservancy district at the 3,303
expense of the district.
Unless expressly declared to the contrary, no warranty in 3,305
any warranty deed or in any deed made pursuant to a judicial sale 3,306
shall warrant against any portion of any assessment levied under 3,307
sections 6101.01 to 6101.84 of the Revised Code THIS CHAPTER, 3,308
except past and current installments payable in the year which 3,310
such THE deed bears date. 3,311
Sec. 6101.60. The "delinquent assessment book" of a 3,320
AUDITOR'S conservancy district ASSESSMENT RECORD is prima-facie 3,321
evidence in all courts of all matters therein contained IN IT. 3,323
The liens established and declared in section 6101.59 of the 3,325
Revised Code may be enforced at the option of the board of 3,326
directors of the conservancy district by an action on delinquent 3,327
tax bills or assessment bills, made and certified by the county 3,328
auditor, which action shall be instituted in the court of common 3,329
pleas, without regard to the amount of the claim, within six 3,330
months after the thirty-first day of December of the year for 3,331
which said THE assessments were levied. The suit ACTION shall be 3,332
brought in the corporate name of the district by its attorney 3,334
against the land, property, or public corporation on which such 3,335
tax or THE assessment has not been paid.
In the event of any default in the payment of the interest 3,337
or principal of any bonds or notes issued pursuant to sections 3,338
6101.01 to 6101.84 of the Revised Code THIS CHAPTER, and if the 3,339
district or its proper officers fail to enforce the payment of 3,341
any unpaid tax or assessment, the holder of such THE bonds or 3,342
notes may, for himself SELF and for the benefit of all others 3,344
similarly situated, enforce said THE liens by suit or action 3,345
against the land, property, or public corporation on which such 3,347
tax or THE assessment has not been paid, and against the 3,349
72
district. The court shall have full power, jurisdiction, and 3,350
authority to apply such tax or THE assessment when collected in 3,352
the payment of the interest or principal upon said THE bonds or 3,354
notes as justice and equity require. The suit ACTION shall be 3,355
brought in the county in which the property or public corporation 3,356
is located, except when the tract or property sued upon is in 3,357
more than one county, in which event CASE the suit ACTION may be 3,359
brought on the whole tract, parcel, or property, in any county in 3,360
which any portion thereof OF IT is located. The pleadings, 3,361
process, proceedings, practice, and sales, in cases arising under 3,363
such sections THIS CHAPTER, except as provided in such sections 3,365
THIS CHAPTER, shall be the same as in an action for the 3,367
enforcement of the state's lien for delinquent general taxes upon 3,368
real estate.
All sales of lands made under this section shall be by the 3,370
sheriff as provided by law. All sheriff's deeds executed and 3,371
delivered pursuant to sections 6101.01 to 6101.84 of the Revised 3,372
Code, THIS CHAPTER shall have the same probative force as other 3,373
deeds executed by a sheriff. Abbreviations shall not defeat the 3,375
action. The title acquired through any sale of lands or other 3,376
property under such proceedings shall be subject to the lien of 3,377
all subsequent annual installments of conservation or drainage 3,378
tax or AN assessment. 3,379
In all suits ACTIONS for the collection of delinquent taxes 3,381
or assessments, the judgment for said THE delinquent taxes or 3,383
assessments and penalty and interest shall also include all costs 3,384
of suit and a reasonable attorney's fee to be fixed by the court, 3,385
recoverable the same as the delinquent tax and in the same suit 3,386
ACTION. 3,387
The proceeds of sales made under and by virtue of such 3,389
sections THIS CHAPTER shall be paid at once to the county 3,390
treasurer and shall be properly credited and accounted for by him 3,392
THE TREASURER the same as other conservation taxes and 3,393
assessments.
73
If any assessment made pursuant to such sections THIS 3,395
CHAPTER is invalid, the board shall, by subsequent or amended 3,396
acts or proceedings, SHALL promptly remedy all defects or 3,397
irregularities as the case requires by making and providing for 3,399
the collection of new assessments or otherwise. 3,400
Sec. 6101.61. Whenever, under sections 6101.01 to 6101.84, 3,409
inclusive, of the Revised Code THIS CHAPTER, the board of 3,410
directors of a conservancy district has determined, ordered, and 3,412
levied an annual levy in accordance with section 6101.55 of the 3,413
Revised Code, the board shall certify to the governing or taxing 3,414
body of each political subdivision assessed, a notice and 3,415
statement of such THE annual levy, setting forth the total amount 3,416
payable by such THE political subdivision and included in such 3,418
THE annual levy, and the items making up such THE total. Said 3,420
THE governing or taxing body shall receive and file said THE 3,422
notice and shall promptly take all the legal and necessary steps 3,423
to provide for the payment of such THE annual levy. Said THE 3,424
governing or taxing body shall include the amount of such THE 3,426
annual levy in the tax budget for the ensuing year and shall levy 3,427
and assess a tax at a uniform rate upon all the taxable property 3,428
within the political subdivision so as to provide sufficient 3,429
funds for the payment of such THE annual levy after deduction of 3,430
any portion thereof OF THE LEVY paid from other sources, and 3,432
certify such THE tax to the county auditor. The proceeds of such 3,433
THE tax when received by such THE political subdivision shall be 3,434
deemed to be appropriated for the payment of such THE annual 3,435
levy. The auditor shall receive the certificate of such THE tax 3,437
levy and certify the same LEVY for collection to the county 3,438
treasurer, who shall collect the same, all LEVY. ALL of said THE 3,440
officers being MENTIONED IN THIS SECTION ARE authorized and 3,442
directed to take all the necessary steps for the levying,
collection, and distribution of such THE tax. 3,443
This section does not prevent the assessment of the real 3,445
estate of other corporations or persons situated within such THE 3,446
74
political subdivisions which may be subject to assessment for 3,448
special benefits to be received. 3,449
In the event of any dissolution or disincorporation of any 3,451
conservancy district organized pursuant to sections 6101.01 to 3,452
6101.84, inclusive, of the Revised Code, such UNDER THIS CHAPTER, 3,453
THE dissolution or disincorporation shall not affect the lien of 3,455
any assessment for the benefits imposed pursuant to such sections 3,456
THIS CHAPTER, or the liability of any land or of any public 3,458
corporation in such THE district to the levy of any future 3,460
assessments for the purpose of paying the principal and interest 3,461
of any bonds issued under such sections THIS CHAPTER. In the 3,463
event of any such dissolution or disincorporation, or in the 3,464
event of any failure on the part of the officers of any district 3,465
to qualify and act, or in the event of any resignations or 3,466
vacancies in office, which prevent action by said THE district or 3,467
by its proper officers, the county auditor and all other officers 3,468
charged in any manner with the duty of assessing, levying, and 3,469
collecting taxes for public purposes in any county, municipal 3,470
corporation, or political subdivision in which such THE lands are 3,472
situated shall perform all acts which THAT are necessary to the 3,474
collection of any such assessment which has OF THE ASSESSMENTS 3,475
THAT HAVE been imposed and to the levying, imposing, and 3,478
collecting of any assessment which THAT it is necessary to make 3,480
for the purpose of paying the principal and interest of such THE 3,481
bonds. Any holder of any bonds issued pursuant to sections 3,482
6101.01 to 6101.84, inclusive, of the Revised Code, THIS CHAPTER 3,483
or any person or officer who is a AN INTERESTED party interest 3,484
may either, by suit, action, or mandamus, enforce and compel 3,486
performance of the duties required by such sections THIS CHAPTER 3,488
of any of the officers or persons mentioned in such sections THIS 3,490
CHAPTER.
Sec. 6101.65. If any county treasurer or other person 3,499
entrusted with the collection of assessments fails to make prompt 3,500
payment of the tax ASSESSMENTS, or any part thereof OF THEM, WHEN 3,502
75
collected under sections 6101.01 to 6101.84, inclusive, of the 3,503
Revised Code, THIS CHAPTER to the treasurer of the conservancy 3,505
district upon his THE presentation of a proper demand, he THE 3,506
COUNTY TREASURER OR OTHER PERSON shall forfeit ten per cent on 3,507
the amount of his THE delinquency. Such THE forfeiture shall at 3,508
once become due and payable, and both he THE COUNTY TREASURER OR 3,509
OTHER PERSON and his THE sureties OF THE COUNTY TREASURER OR 3,511
OTHER PERSON shall be liable therefor FOR THE FAILURE on his THE 3,513
official bond OF THE COUNTY TREASURER OR OTHER PERSON. The 3,514
county treasurer shall retain for his THE TREASURER'S services 3,515
one per cent of the amount he THE TREASURER collects on
delinquent taxes ASSESSMENTS. 3,516
Sec. 6101.67. Each member of the board of directors of a 3,525
conservancy district and each member of the board of appraisers 3,526
of a conservancy district shall receive a sum established by the 3,527
court, but not to exceed fifty dollars a day, and his necessary 3,528
expenses for the time actually employed in performing his 3,529
OFFICIAL duties. Such THE compensation and expenses shall be 3,531
paid only upon itemized statements therefor submitted and 3,532
certified to by the individual member. 3,533
Before any duties devolve upon a county auditor or a county 3,535
treasurer under sections 6101.01 to 6101.84, inclusive, of the 3,536
Revised Code, the board of directors shall consult them and agree 3,538
upon the salaries for the extra clerical force required in their 3,539
respective offices to carry out the requirements of the law by 3,540
reason of the establishment of said district. The board of 3,542
directors shall provide for and pay said salaries to said clerks 3,543
while engaged in the work of the district. Such clerks shall be 3,544
selected and appointed by each of said county officers for their 3,546
respective offices. In case of disagreement as to the
compensation of such extra clerical force, the matter shall be 3,548
referred to the court of common pleas of the county concerned for
its determination. 3,549
Sec. 6101.68. The same land, if conducive to public 3,558
76
health, safety, convenience, or welfare, may be included in more 3,559
than one conservancy district and be subject to sections 6101.01 3,560
to 6101.84, inclusive, of the Revised Code, THIS CHAPTER for each 3,561
district in which it may be included. No district shall be 3,563
organized under such sections THIS CHAPTER in whole or in part 3,564
within the territory of a district already organized under such 3,566
sections THIS CHAPTER until the court determines whether the 3,567
public health, safety, convenience, or welfare demand the 3,568
organization of an additional district, or whether it demands 3,569
that the territory proposed to be organized into an additional 3,570
district shall be added to the existing district. If the 3,571
proceedings concerning two or more such districts are before the 3,572
court of common pleas of two or more counties, such THAT 3,573
determination shall be as provided in section 6101.69 of the 3,575
Revised Code.
Sec. 6101.69. In case IF any conservancy district is being 3,584
organized within, or partly within and partly without, the same 3,585
territory in which some other district has been or is being 3,586
organized, one judge of the court of common pleas of each county 3,587
in which such THE districts have been or are being organized 3,588
shall confer at the earliest convenient moment after they 3,589
ascertain the possibility of a conflict in jurisdiction, the 3,590
sitting to be had in the county having the largest assessed 3,591
valuation in the proposed district. 3,592
At such THE conference, the several judges shall determine 3,594
to what extent the several districts should be consolidated or to 3,596
what extent the boundaries should be adjusted in order to most 3,597
fully carry out the purposes of sections 6101.01 to 6101.84, 3,598
inclusive, of the Revised Code THIS CHAPTER. Such THE judges 3,600
shall by suitable orders make such THE determination effective. 3,602
If notices have been issued or jurisdiction acquired in any 3,604
proceeding concerning territory which is transferred to the court 3,605
of common pleas of another county, such notice THE NOTICES shall 3,606
not become void, and jurisdiction so acquired shall not be lost; 3,608
77
but, in each case, the court acquiring jurisdiction over such THE 3,610
transferred territory shall hold the same without further notice, 3,611
as if originally embraced in said THE district. At such THE 3,612
conference, the decision of the majority of the judges shall be 3,614
necessary for the determination of any matter, and, from such THE 3,615
decision, or from a failure to decide, appeal may be taken. 3,617
This section and section 6101.68 of the Revised Code do not 3,619
operate to delay or to interrupt any proceeding under sections 3,620
6101.01 to 6101.84, inclusive, of the Revised Code THIS CHAPTER, 3,621
until the question of jurisdiction has been finally determined by 3,622
the courts. 3,623
Sec. 6101.70. (A) If two or more conservancy districts 3,632
have been organized in a territory which, in the opinion of the 3,633
board of directors of the conservancy district of any one of the 3,634
districts, should constitute only one district, the board of any 3,635
one of the districts may petition the court for an order uniting 3,636
those districts into a single district. The petition shall be 3,637
filed in the office of the clerk of the court of common pleas of 3,638
that county that has the greatest valuation of real property 3,639
within the districts sought to be included, as shown by the tax 3,640
duplicates of the respective counties. The petition shall set 3,641
forth the necessity for the union of the two or more districts 3,642
and that the union of the districts would be conducive to the 3,643
public health, convenience, safety, or welfare and to the 3,644
economical execution of the purposes for which the districts were 3,645
organized. Upon receipt of the petition, the clerk shall give 3,646
notice by publication or by personal service to the boards of the 3,647
districts which THAT it is desired to unite with the district of 3,648
the petitioners. Such THE notice shall contain the time and 3,650
place where the hearing on the petition will be had and the 3,652
purpose of the same HEARING. The hearing shall be had in 3,653
accordance with sections 6101.01 to 6101.84 of the Revised Code, 3,655
THIS CHAPTER as for an original hearing. If, after the hearing, 3,657
the court finds that the averments of the petition are true and 3,659
78
that the districts, or any of them, should be united, it shall so 3,660
order, and thereafter those districts shall be united into one 3,661
and proceed as such ONE. The court shall designate the corporate 3,662
name of the united district, and such further proceedings shall 3,663
be taken as are provided for in sections 6101.01 to 6101.84 of 3,664
the Revised Code THIS CHAPTER. In accordance with division (A) 3,665
or (B) of section 6101.10 of the Revised Code, as applicable, the 3,666
court shall direct in the order who shall be the members of the 3,667
board of the united district, who shall thereafter have such THE 3,668
powers and be subject to such THE regulations as are provided for 3,669
the board in districts created in the first instance. 3,671
(B) All legal proceedings already instituted by or against 3,673
any of the constituent districts united into a single district 3,674
under division (A) of this section may be revived and continued 3,675
against the united district by an order of court substituting the 3,676
name of the united district for the constituent district, and 3,677
such THOSE proceedings shall then proceed as provided in sections 3,679
6101.01 to 6101.84 of the Revised Code THIS CHAPTER. 3,680
(C) Instead of organizing a new district from the 3,682
constituent districts, the court may do one of the following: 3,683
(1) Direct that one or more of the districts described in 3,685
the petition be included into another of the districts, which 3,686
other district shall continue under its original corporate name 3,687
and organization, unless the resulting district includes all or 3,688
parts of more than sixteen counties, in which case the court 3,689
shall appoint two additional members whose appointments and terms 3,690
of office shall comply with the requirements established in 3,691
division (C) of section 6101.10 of the Revised Code; 3,692
(2) Direct that the districts absorbed as described in 3,694
division (C)(1) of this section shall be represented on the board 3,695
of the original district, designating what members of the board 3,696
of the original district shall be retired from the new board and 3,697
what members representing the included districts shall take their 3,698
places, except that, if the resulting district includes all or 3,699
79
parts of more than sixteen counties, the court also shall appoint 3,700
two additional members whose appointments and terms of office 3,701
shall comply with the requirements established in division (C) of 3,702
section 6101.10 of the Revised Code; 3,703
(3) Direct that the included districts shall become 3,705
subdistricts of the main district. 3,706
(D) If the districts sought to be united were organized in 3,708
different counties, then the court to determine the question 3,709
involved shall consist of one judge from each of the counties in 3,710
the court of which one of the districts was organized, and a 3,711
majority shall be necessary to render a decision. From such a 3,712
THE decision, or from a failure to decide, any interested 3,713
property owner may appeal. No action under this section shall 3,715
interrupt or delay any proceeding under sections 6101.01 to 3,716
6101.84 of the Revised Code THIS CHAPTER, until the questions 3,717
involved are finally determined. 3,718
Sec. 6101.71. Whenever it is desired to construct 3,727
improvements wholly within, or partly within and partly without, 3,728
any conservancy district, which improvements will affect only a 3,729
part of said THE district, for the purpose of accomplishing such 3,730
work, subdistricts may be organized upon petition of the owners 3,732
of real property, or the governing body of any political 3,733
subdivision or watershed district created under section 6105.02 3,734
of the Revised Code, within, or partly within and partly without, 3,736
the district, or upon petition of the board of directors of the 3,737
district. Such THE petition shall fulfill the same requirements 3,738
concerning the subdistricts as the petition outlined in section 3,739
6101.05 of the Revised Code is required to fulfill concerning the 3,741
organization of the main district, and shall be filed with the 3,742
clerk of the same court of common pleas, and shall be accompanied 3,743
by a bond as provided for in section 6101.06 of the Revised Code. 3,744
All proceedings relating to the organization of such THE 3,745
subdistricts shall conform to sections 6101.01 to 6101.84, 3,746
inclusive, of the Revised Code, THE PROVISIONS OF THIS CHAPTER 3,747
80
relating to the organization of districts, except that it shall 3,749
not be necessary for the court to hold a preliminary meeting. 3,750
The judge determining that a sufficient petition has been filed 3,751
shall forthwith set a date for hearing, which shall be held not 3,752
later than sixty days after the filing of the petition, and shall 3,753
give notice thereof OF THE HEARING to the court of common pleas 3,755
of each county included in whole or in part in the main district. 3,756
The clerk of the court shall give notice of such THE hearing by 3,757
publication in the counties included in whole or in part within 3,759
the proposed subdistrict SUBDISTRICTS. Whenever the court by its 3,761
order entered of record decrees such subdistricts to be 3,762
organized, the clerk of said THE court THEN shall thereupon give 3,764
notice of such THE order to the board of directors of the 3,766
conservancy district, which THEN shall thereupon act also as the 3,767
board of directors of the subdistrict SUBDISTRICTS. Thereafter, 3,768
the proceedings in reference to the subdistrict SUBDISTRICTS 3,770
shall in all matters conform to such section; THIS CHAPTER, 3,772
except that, in appraisal of benefits and damages for the 3,774
purposes of such THE subdistricts, in the issuance of bonds or 3,775
notes, in the levying of assessments or taxes, and in all other 3,776
matters affecting only the subdistrict, such sections 3,777
SUBDISTRICTS THIS CHAPTER shall apply to this EACH subdistrict as 3,778
though it were an independent district, and it shall not, in 3,779
these things, be amalgamated with the main district. 3,780
The board of directors, board of appraisers, chief 3,782
engineer, attorney, secretary of the conservancy district, and 3,783
other officers, agents, and employees of the district shall, so 3,784
far as it is necessary, serve in the same capacities for such 3,785
EACH subdistrict, and contracts and agreements between the main 3,786
district and the EACH subdistrict may be made in the same manner 3,787
as contracts and agreements between two districts. The 3,789
distribution of administrative expense between the main district 3,790
and EACH subdistrict shall be in proportion to the interests 3,791
involved and the amount of service rendered. Such THE division 3,792
81
shall be made by the board of directors with an appeal to the 3,794
court establishing the district. This section does not prevent 3,795
the organization of independent districts for local improvements 3,796
under other laws within the limits of a CONSERVANCY district 3,797
organized under sections 6101.01 to 6101.84, inclusive, of the 3,799
Revised Code THIS CHAPTER, as provided in sections 6101.68 and 3,801
6101.69 of the Revised Code.
Sec. 6101.73. Irrigation districts may be formed under 3,810
sections 6101.01 to 6101.84, inclusive, of the Revised Code, THIS 3,811
CHAPTER by a substantial compliance as near as possible with such 3,813
sections ITS PROVISIONS. No such IRRIGATION district in its 3,815
construction or operation shall, in any manner, interfere with 3,817
works for the prevention of floods, or the drainage of lands, or 3,819
materially diminish their THE WORKS' protective value. The court 3,821
organizing such THE irrigation district shall require a statement 3,822
in the petition and proof to the effect that the organization and 3,823
operation of the same IRRIGATION DISTRICT will not materially 3,824
interfere with any works or plans for flood prevention or the 3,825
drainage or protection of lands. No improvement under such 3,826
sections THIS CHAPTER shall deprive the owners of lands lying 3,827
upon any stream of water of the ordinary flow in said THE stream 3,829
without compensation therefor. 3,830
Subject to this section, the board of directors has the 3,832
same powers as are conferred generally by sections 6101.01 to 3,833
6101.84, inclusive, of the Revised Code, so far THIS CHAPTER 3,834
INSOFAR as applicable. 3,835
Taxes ASSESSMENTS shall be levied and bonds issued as 3,837
provided in such sections THIS CHAPTER, using the words 3,838
"Conservancy Taxes ASSESSMENTS" or "Conservancy Bonds." 3,840
Sec. 6101.74. (A) If any person or public corporation, 3,849
within or without any conservancy district, considers itself 3,850
injuriously affected in any manner by any act performed by any 3,851
official or agent of such THE district, or by the execution, 3,852
maintenance, or operation of the official plan, and if no other 3,853
82
method of relief is offered under sections 6101.01 to 6101.84, 3,854
inclusive, of the Revised Code THIS CHAPTER, the remedy shall be 3,855
as follows:
(1) The person or public corporation considering itself to 3,857
be injuriously affected shall petition the court before which 3,858
said THE district was organized for an appraisal of damages 3,860
sufficient to compensate for such THE injuries. The 3,861
(2) THE court shall thereupon direct the board of 3,864
appraisers of the conservancy district to appraise said THE 3,865
damages and injuries, and to make a report to the court on or 3,867
before the time named in the order of the court. Upon
(3) UPON the filing of said THE report of the board of 3,870
appraisers, the court shall cause notice to be given to NOTIFY 3,871
the petitioner and to the board of directors of the conservancy 3,873
district of a hearing on said THE report. At the time of such 3,874
THE HEARING, the court shall consider the report of the board of 3,876
appraisers, and may ratify said THE report or amend it as the 3,877
court deems CONSIDERS equitable, or may return it to the board of 3,879
appraisers and require it to prepare a new report. Upon 3,880
(4) UPON the filing of an order of the court approving 3,882
said THE report of the board of appraisers, with such 3,883
modifications as it has made, said THE order constitutes a final 3,885
adjudication of the matter unless it is appealed from within 3,887
twenty days. Appeal to a jury from said THE order may be had by 3,888
the petitioner, by the board of directors, or by any person or 3,890
public corporation which THAT has been assessed for the costs of 3,891
the district. No 3,892
(B) NO damages shall be allowed under this section which 3,895
THAT would not otherwise be allowed in law. NOTHING IN THIS 3,896
SECTION SHALL BE CONSTRUED AS EXPRESSLY IMPOSING ANY LIABILITY 3,897
UPON A CONSERVANCY DISTRICT.
Sec. 6101.77. The performance of all duties prescribed in 3,906
sections 6101.01 to 6101.84, inclusive, of the Revised Code, THIS 3,907
CHAPTER concerning the organization and administration or 3,908
83
operation of the conservancy district may be enforced against any 3,909
officer thereof OF THE DISTRICT by mandamus at the instance of 3,910
the board OF DIRECTORS OF THE DISTRICT or of any person or public 3,912
corporation interested in any way in such THE district. The 3,913
board of directors of the conservancy district may institute 3,914
court proceedings to enforce compliance by any person or public 3,915
corporation with any order of the board of directors of the 3,916
conservancy district. The board may institute such THOSE 3,917
proceedings in the court of appeals in the first instance. 3,918
Sec. 6101.78. In any case where IF a notice and hearing by 3,927
the court are provided for in sections 6101.01 to 6101.84, 3,928
inclusive, of the Revised Code THIS CHAPTER, the court shall, 3,929
prior to the conclusion of the hearing, examine the form of the 3,931
notice and all evidence relating to the giving of such THE notice 3,932
and, if the court finds for any reason that due notice was not 3,933
given in whole or in part, whether by reason of noncompliance 3,934
with any of the requirements of said sections THIS CHAPTER or 3,935
with any applicable constitutional requirements, the court shall 3,936
not thereby lose jurisdiction, and the proceeding in question 3,937
shall not thereby be void; but the court shall in that case order 3,938
notice to be given in compliance with the requirements of said 3,939
sections THIS CHAPTER to the parties to whom due notice was not 3,940
given or the court shall order the giving of such other and 3,941
further notice as the court shall prescribe to comply with any 3,942
applicable constitutional requirements, and shall continue the 3,943
hearing until such THE time as such WHEN THE notice is properly 3,945
given, and thereupon THEN shall proceed as though notice had been 3,946
properly given in the first instance.
In case any appraisal, assessment, or levy is held void for 3,948
want of legal notice, whether by reason of noncompliance with any 3,949
of the requirements of sections 6101.01 to 6101.84, inclusive, of 3,950
the Revised Code, THIS CHAPTER or with any applicable 3,951
constitutional requirements, or in case the board of directors of 3,953
the conservancy district determines that any notice with 3,954
84
reference to any land or public corporation is faulty for one of 3,955
the same reasons, then the board may file a motion in the 3,956
original cause asking that the court order such THAT THE notice 3,957
as may be required by said sections THIS CHAPTER or any 3,959
applicable constitutional requirements to be given to the owner 3,960
of such THE land or to such THE public corporation and set a time 3,962
for hearing as provided in such sections THIS CHAPTER, and, upon 3,964
the granting of such THE motion and the giving of such THE 3,965
notice, the court thereupon THEN shall proceed as though notice 3,966
had been properly given in the first instance. If the original 3,967
notice was faulty only with reference to certain public 3,968
corporations or tracts, only such THE public corporations or the 3,969
owners of and persons interested in those particular tracts need 3,970
be notified by such THE subsequent notice. If the publication of 3,971
any notice in any county was defective or not made in time, 3,973
republication of the defective notice is necessary only in the 3,974
county in which the defect occurred. 3,975
Sec. 6101.79. All cases in which there arises a question 3,984
of the validity of the organization of conservancy districts 3,985
shall be advanced as a matter of immediate public interest and 3,986
concern, and heard in all courts at the earliest practicable 3,987
moment.
The court shall be open at all times for the purposes of 3,989
sections 6101.01 to 6101.84, inclusive, of the Revised Code THIS 3,990
CHAPTER. 3,991
Sec. 6101.80. Sections 6101.01 to 6101.84, inclusive, of 4,000
the Revised Code THIS CHAPTER shall be liberally construed to 4,001
effect the control, conservation, and drainage of the waters of 4,003
this state.
Sec. 6101.84. The following forms illustrate the character 4,012
of the procedure contemplated by sections 6101.01 to 6101.84 of 4,013
the Revised Code THIS CHAPTER, and, if substantially complied 4,015
with, those things being changed which should be changed to meet 4,016
the requirements of the particular case, such procedure shall be 4,017
85
held to meet the requirements of such sections THIS CHAPTER. 4,018
(A) Form of Notice of Hearing on the Petition: 4,020
"To all Persons and Public Corporations Interested: 4,022
Public Notice is Hereby Given: 4,024
(1) That on the ...... day of .........., 19...., pursuant 4,026
to the Conservancy Law of Ohio, there was filed in the office of 4,027
the Clerk of the Court of Common Pleas of ........... County, 4,028
Ohio, the petition of ............ and others for the 4,029
establishment of a Conservancy District to be known as .......... 4,030
Conservancy District. 4,031
(Here insert the purposes) 4,033
(2) That the lands sought to be included in said District 4,035
comprise lands in .......... and .......... Counties, Ohio, 4,036
described substantially as follows: 4,037
Beginning on the north line of .......... County at its 4,039
point of intersection with the west bank of the .......... River; 4,040
thence west along the north line of .......... County to the high 4,041
bluffs facing said .......... River on the west; thence following 4,042
the base of the line of said bluffs to the north line of the 4,043
right of way of the .......... Railroad; thence west along the 4,044
north right of way line of said Railroad to the center line of 4,045
........... Avenue in the Village of ..........; thence south 4,046
along the center line of .......... Avenue to the .......... 4,047
Pike; thence southeasterly along the .......... Pike to the 4,048
southeasterly line of the right of way of the .......... 4,049
Railroad; thence southeasterly along said right of way line to 4,050
the corporate limits of the City of ..........; thence with said 4,051
corporation line southerly, easterly, and northerly to the 4,052
southerly right of way line of the main track of the .......... 4,053
Railroad; thence easterly along said last named right of way line 4,054
to the boundary line between .......... Counties; thence north 4,055
along said County line to the southerly line of .......... 4,056
County; thence easterly along the dividing line between 4,057
.......... Counties to the easterly line of the right of way of 4,058
86
the .......... Railroad; thence northerly along said right of way 4,059
line to its intersection with the .......... Pike; thence 4,060
westerly along said Pike to the center line of the bridge over 4,061
.......... Creek; thence up said Creek and along the center line 4,062
thereof to the north line of .......... County; thence west to 4,063
the place of beginning. 4,064
Or, if found more convenient, the lands sought to be 4,066
included in the District may be described as follows: 4,067
All of Township .......... in Range ...... between the 4,069
.......... Railroad and the .......... River; the following lands 4,070
in .......... Township and ...... Range; Section ...... and the 4,071
...... half of Section ......; also all lands within the 4,072
corporate limits of the City of .......... etc. 4,073
(3) That a public hearing on said petition will be had in 4,075
said Court on ....... the ...... day of ........, ...., at the 4,076
hour of ...... o'clock .....M. by the Court of Common Pleas of 4,077
.......... County, at the Courthouse in the City of .......... 4,078
County, Ohio.
All persons and public corporations interested will be 4,080
given the opportunity to be heard at the time and place above 4,081
specified. 4,082
................................... 4,084
Clerk of the Court of Common Pleas 4,085
of .................. County, Ohio. 4,086
Dated .........., Ohio, .............., 19...." 4,089
(B) Form of Finding on Hearing: 4,091
"State of Ohio, ) 4,093
) ss. 4,094
.......... County ) 4,095
In the Court of Common Pleas of .......... County. In 4,097
Matter of .......... Conservancy District: 4,098
FINDINGS AND DECREE ON HEARING 4,099
On this ...... day of ........, 19...., this cause coming 4,101
on for hearing upon the petition of .......... and others, for 4,102
87
the organization of a Conservancy District under the Conservancy 4,103
Law of Ohio, the Court, after a full hearing now here finds: 4,104
(1) That it has jurisdiction of the parties to and the 4,106
subject matter of this proceeding. 4,107
(2) That the purposes for which said District is 4,109
established are: 4,110
(Insert the purposes) 4,111
And that it is a public necessity. 4,113
(3) That the public safety, health, convenience, and 4,115
welfare will be promoted by the organization of a Conservancy 4,116
District substantially as prayed in said petition (if additional 4,117
lands are added by petition) except, that the following 4,118
additional lands at the petition of the owners thereof should be 4,119
and hereby are included in said District: 4,120
(Here insert additional lands) 4,121
(4) That the boundaries of said District as modified by 4,123
the last finding herein are as follows: (Here insert corrected 4,124
boundaries of district) 4,125
(5) That the said territory last above described should be 4,127
erected into and created a Conservancy District under the 4,128
Conservancy Law of Ohio under the corporate name of ............ 4,129
Conservancy District. 4,130
Wherefore, it is by the Court ordered, adjudged, and 4,132
decreed: 4,133
That the territory as above described be, and the same 4,135
hereby is erected into and created a Conservancy District under 4,136
the Conservancy Law of Ohio under the corporate name of ......... 4,137
Conservancy District, with its office or principal place of 4,138
business at .........., in .......... County, Ohio. (If 4,139
directors are appointed at the same time) And the following 4,140
persons are hereby appointed directors of said Conservancy 4,141
District: 4,142
..............., for the term of three years, 4,144
..............., for the term of four years (if the 4,146
88
district includes all or parts of more than sixteen counties), 4,147
..............., for the term of five years, 4,149
..............., for the term of six years (if the district 4,151
includes all or parts of more than sixteen counties), 4,152
..............., for the term of seven years, who are 4,154
hereby directed to qualify and proceed according to law. 4,155
(6) For consideration of other matters herein, this cause 4,157
is retained on the docket. 4,158
.............................. 4,159
Judge" 4,160
(C) Form of Notice to Persons and Public Corporations to 4,163
pay Assessment: 4,164
"To all Persons and Public Corporations Interested: 4,166
Public Notice is Hereby Given: 4,168
(1) That on the ...... day of ........, 19...., the Board 4,170
of Directors of The .......... Conservancy District duly levied 4,171
an assessment upon all the benefited property and public 4,172
corporations in said District in the aggregate sum of $........., 4,173
has caused the same to be recorded upon the Assessment Record of 4,174
said District, and that said Assessment Record is now on file in 4,175
the office of the District at ............ 4,176
(2) That the assessment against any parcel of land or any 4,178
public corporation may be paid to the Treasurer of The .......... 4,179
Conservancy District at any time on or prior to .........., 19 4,180
...., without costs and without interest, and if so paid a 4,182
discount of ten per cent of the assessment will be allowed 4,183
according to law.
(3) That as soon after the ..... day of ........, 19...., 4,185
as conveniently may be, the Board of Directors of said District 4,186
will divide the uncollected assessment into convenient 4,187
installments, provide for the collection of interest on the 4,188
unpaid installments, and will issue bonds bearing interest not 4,189
exceeding the rate provided in section 9.95 of the Revised Code 4,190
in anticipation of the collection of the several installments of 4,191
89
said assessment pursuant to the Conservancy Law of Ohio. 4,192
.............................. 4,193
President 4,195
.............................. 4,197
Secretary" 4,199
(D) Form of Bond and of Coupon: 4,202
(Form of Bond) 4,203
"No. ......................... $ ............................ 4,205
UNITED STATES OF AMERICA 4,208
State of Ohio 4,209
............. Conservancy District. 4,210
Conservancy Bond. 4,211
Know all Men PERSONS by These Presents that ........... 4,213
Conservancy District, a legally organized Conservancy District of 4,214
the State of Ohio, acknowledges itself to owe and for value 4,215
received hereby promises to pay to bearer ........ Dollars 4,216
($........) on the first day of ........, 19...., with interest 4,217
thereon from the date hereof until paid at the rate of ...... per 4,218
cent per annum, payable ........, 19...., and semiannually 4,219
thereafter on the first day of ........ and of ........ in each 4,220
year on presentation and surrender of the annexed interest 4,221
coupons as they severally become due. Both principal and 4,222
interest of this bond are hereby made payable in lawful money of 4,223
the United States of America, at the office of the Treasurer of 4,224
State, in the City of Columbus, Ohio. 4,225
This bond is one of a series of bonds issued by ........... 4,227
Conservancy District for the purpose of paying the cost of 4,228
constructing a system of flood prevention (or for the other 4,229
works) for said District and in anticipation of the collection of 4,230
the several installments of an assessment duly levied upon lands 4,231
and public corporations within said District and benefited by 4,232
said improvement in strict compliance with the Conservancy Law of 4,233
Ohio, and pursuant to an order of the Board of Directors of said 4,234
District duly made and entered of record. 4,235
90
And it is hereby certified and recited that all acts, 4,237
conditions, and things required to be done in locating and 4,238
establishing said District and in equalizing appraisals of 4,239
benefits and in levying assessments against lands and public 4,240
corporations benefited thereby, and in authorizing, executing, 4,241
and issuing this bond, have been legally had, done, and performed 4,242
in due form of law; that the total amount of bonds issued by said 4,243
District does not exceed ninety per cent of the assessments so 4,244
levied and unpaid at the time said bonds are issued or any legal 4,245
limitation thereof. 4,246
And for the performance of all the covenants and 4,248
stipulations of this bond and of the duties imposed by law upon 4,249
said District for the collection of the principal and interest of 4,250
said assessments and the application thereof to the payment of 4,251
this bond and the interest thereon, and for the levying of such 4,252
other and further assessments as are authorized by law and as may 4,253
be required for the prompt payment of this bond and the interest 4,254
thereon, the full faith, credit, and resources of said .......... 4,255
Conservancy District are hereby irrevocably pledged. 4,256
In Testimony Whereof the Board of Directors of ............ 4,258
Conservancy District has caused this bond to be signed by its 4,259
President and sealed with the corporate seal of said District, 4,260
attested by its Secretary, and registered by the Treasurer of 4,261
State, and the coupons hereto annexed to be executed by the 4,262
facsimile signatures of said President and Secretary, as of the 4,263
............ day of ................, 19..... 4,264
.............................. 4,265
President 4,266
Attest: 4,267
........................ 4,268
Secretary" 4,270
(Form of Coupon) 4,272
"$....................... 4,274
(..........) 4,276
91
On the first day of ( ) 19,.... 4,277
(..........) 4,278
.................... Conservancy District promises to pay 4,280
to bearer ................ Dollars ($..........) lawful money of 4,281
the United States of America, at the office of the Treasurer of 4,282
State, Columbus, Ohio, being semiannual interest due on that date 4,283
on its Conservancy Bond dated ................, 19..... 4,284
.............................. 4,285
President 4,286
No. .................... 4,289
........................ 4,291
Secretary" 4,293
(E) Form of Notice of Enlargement of District: 4,295
"State of Ohio, ) 4,297
) ss. 4,298
County of ............. ) 4,299
In the Court of Common Pleas, 4,301
................ County, Ohio. 4,303
In the Matter of 4,305
.................. Conservancy District 4,307
NOTICE OF ENLARGEMENT OF DISTRICT 4,309
To All Persons (and Public Corporations, if any) 4,311
Interested:
Public Notice Is Hereby Given: 4,313
(1) That heretofore on the ...... day of .........., 4,316
19...., the Court of Common Pleas of ................ County,
Ohio, duly entered a final decree erecting and creating 4,317
................ Conservancy District and appointing a Board of 4,318
Directors therefor. 4,319
(2) That thereafter this Court duly appointed 4,321
........................ 4,323
........................ 4,325
........................ 4,327
........................ (if the district includes all or 4,329
92
parts of more than sixteen counties) 4,330
........................ (if the district includes all or 4,332
parts of more than sixteen counties) 4,333
to be the Board of Appraisers for said District. That said 4,335
Board of Appraisers on the ........ day of ............, 19...., 4,336
filed its report recommending that the following described lands, 4,338
not originally included in the District, be added thereto: 4,339
(Here describe generally the lands which the Report of the 4,341
Board of Appraisers recommends should be added to the District). 4,342
(3) That on ........, the ........ day of .............., 4,344
19...., (or as soon thereafter as the convenience of the Court 4,345
will permit), at the Courthouse in ............ of 4,346
.............., Ohio, the Court of Common Pleas of 4,347
.................. County, Ohio, will hear all persons and public 4,348
corporations interested upon the question whether said lands 4,349
should be added to and included in said .................... 4,350
Conservancy District. 4,351
................................... 4,352
Clerk of the Court of Common Pleas 4,353
of ........................ County,
Ohio" 4,354
(F) Form of Notice of Hearing on Appraisals: 4,357
"State of Ohio, ) 4,359
) ss. 4,360
County of .............. ) 4,361
In the Court of Common Pleas, ........... County, Ohio. 4,363
In the Matter of ) 4,365
) 4,366
......... Conservancy District ) 4,367
NOTICE OF HEARING ON APPRAISALS 4,369
To all Persons and Public Corporations Interested: 4,371
Public Notice Is Hereby Given: 4,373
(1) That heretofore on the ........ day of ............., 4,375
19...., the Court of Common Pleas of ................ County, 4,376
93
Ohio, duly entered a decree erecting and creating ............... 4,377
Conservancy District and appointing a Board of Directors 4,378
therefor. 4,379
(2) That thereafter this Court duly appointed 4,381
................................................................. 4,382
the Board of Appraisers for said District. That said Board of 4,383
Appraisers on the ........ day of ................, 19...., filed 4,384
its Appraisals of Benefits and Damages and of land to be taken as 4,385
follows: (Here insert general description of land appraised) 4,386
The said appraisal of benefits and damages and of land to 4,388
be taken is now on file in the office of the clerk of this court. 4,389
(3) All public corporations and all persons, owners of or 4,391
interested in the property described in said Report, whether as 4,392
benefited property or as property taken and damaged (whether said 4,393
taken or damaged property lies within or without said District), 4,394
desiring to contest the appraisals as made and returned by the 4,395
Board of Appraisers, must file their objections in said court on 4,396
or before the ........ day of ................, 19...., (here 4,397
insert a date thirty days after the last publication of the 4,398
notice) and a hearing on said appraisal will be had on the 4,399
........ day of ................, 19...., (here insert a date not 4,400
less than forty, nor OR more than fifty, days after the date of 4,401
the last publication of this notice, as fixed by the court) in 4,402
the City of .................., Ohio, at which time an 4,403
opportunity will be afforded all objectors to be heard upon their 4,404
several objections. 4,405
................................... 4,407
Clerk of the Court of Common Pleas 4,409
of ................... County, Ohio
Dated at the City of .................., Ohio, this ....... 4,412
day of .................., 19....." 4,413
(G) Form of Certificate of Assessment Record: 4,415
"This is to Certify: 4,417
(1) That on the ........ day of ................, 19...., 4,419
94
the Board of Directors of The .................. Conservancy 4,420
District duly levied an assessment upon all the benefited 4,421
property and public corporations in said District in the 4,422
aggregate sum of $............, together with interest, and duly 4,423
apportioned said assessment to and levied said assessment upon 4,424
each tract of land or other property and each public corporation 4,425
in said District in proportion to the benefits thereto. 4,426
(2) That the said assessment and the apportionment thereof 4,428
upon the benefited lands and public corporations have been 4,429
recorded in the Conservancy Assessment Record of The 4,430
.................. Conservancy District which contains in tabular 4,431
form A notation of the items of property and the public 4,432
corporations to which benefits have been appraised, the total 4,433
amount of benefits appraised against each item or public 4,434
corporation, and the total assessment levied against each item or 4,435
public corporation.
(3) That the Conservancy Assessment Record of The 4,437
................ Conservancy District contains a true and correct 4,438
record of the benefits approved and confirmed by the Court and of 4,439
the assessment levied by the Board of Directors thereof on 4,440
........ day of ............, 19..... 4,441
IN WITNESS WHEREOF, the President and Secretary, 4,443
respectively, of the Board of Directors of The ................ 4,444
Conservancy District have hereunto set their hands and the 4,445
corporate seal of the said District this ........ day of 4,446
............, 19..... 4,447
................................... 4,448
President 4,449
................................... 4,450
Secretary" 4,451
(H) Form of Certificate of Annual Levy: 4,453
"This is to Certify: 4,455
(1) That on the ........ day of ............, 19...., the 4,457
Board of Directors of The ................ Conservancy District 4,458
95
determined, ordered, and levied the Annual Levy of 19.... (YEAR) 4,460
upon all the benefited property and public corporations in said 4,461
District in the aggregate sum of $................ for the 4,462
account of the Bond Retirement Fund of said District and pursuant 4,463
to and being a part of assessments heretofore levied. 4,464
(2) That the said Board of Directors has duly apportioned 4,466
said Annual Levy to all of the benefited properties and public 4,467
corporations in said District and that the respective amounts of 4,468
said Annual Levy imposed upon the benefited properties and public 4,469
corporations have been recorded in the Conservancy Assessment 4,470
Book RECORD of The ................ Conservancy District, which 4,471
contains a schedule thereof. 4,472
(3) That on the ........ day of ............, 19...., the 4,474
Board of Directors of The ................ Conservancy District 4,475
duly levied a maintenance assessment for the year 19...., in the 4,476
aggregate sum of $............ for the account of the Maintenance 4,477
Fund of said District. That said maintenance assessment has been 4,478
duly apportioned to the benefited properties and public 4,479
corporations in said District in proportion to benefits and that 4,480
the amounts of said maintenance assessment imposed upon the 4,481
properties and public corporations in said District have been 4,482
recorded in the Conservancy Assessment Book RECORD of The 4,483
................ Conservancy District. 4,484
(4) That the Conservancy Assessment Book RECORD contains a 4,486
true and correct record of the Annual Levy of 19.... (YEAR) and 4,488
of the maintenance assessment for the year 19.... as determined, 4,489
ordered, and levied by the Board of Directors of The 4,490
................. Conservancy District on the ........ day of 4,491
............, 19..... 4,492
(5) That the said amounts of said Annual Levy and of said 4,494
maintenance assessment shall be collectible and payable in the 4,495
year 19.... in the sums specified at the same time that the state 4,496
and county taxes are due and collectibel COLLECTIBLE. 4,497
IN WITNESS WHEREOF, the President and Secretary, 4,499
96
respectively, of the Board of Directors of the ................ 4,500
Conservancy District have hereunto set their hands and the 4,501
corporate seal of this said District this ........ day of 4,502
............, 19..... 4,503
................................... 4,504
President 4,505
................................... 4,506
Secretary" 4,507
Section 2. That existing sections 5511.04, 6101.01, 4,509
6101.02, 6101.03, 6101.04, 6101.07, 6101.08, 6101.11, 6101.12, 4,510
6101.13, 6101.15, 6101.16, 6101.17, 6101.19, 6101.23, 6101.25, 4,511
6101.30, 6101.31, 6101.32, 6101.33, 6101.36, 6101.38, 6101.39, 4,513
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, 4,514
6101.54, 6101.55, 6101.57, 6101.58, 6101.59, 6101.60, 6101.61, 4,515
6101.65, 6101.67, 6101.68, 6101.69, 6101.70, 6101.71, 6101.73, 4,516
6101.74, 6101.77, 6101.78, 6101.79, 6101.80, and 6101.84 of the 4,517
Revised Code are hereby repealed.