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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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.                                                           

                                                          6      


                                                                 
      (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                           

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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          

                                                          14     


                                                                 
      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.