Am. H. B. No. 244 As Passed by the House

Cosponsors: Representatives Flowers, Mallory, Uecker, Chandler, Wagner, Bacon, Batchelder, Blessing, Combs, Daniels, Dolan, Domenick, Dyer, Fessler, Gardner, Hagan, R., Hite, Hughes, Koziura, McGregor, J., Mecklenborg, Patton, Schindel, Schneider, Sears, Setzer, Williams, B., Yuko, Zehringer

Section 1. That sections 515.04, 515.05, 515.08, 515.11,	16
515.12, and 515.15 be amended and section 515.16 of the Revised	17
Code be enacted to read as follows:	18

Sec. 515.04. The township fiscal officer shall fix a day,	19
not more than thirty days from the date of notice to the board of	20
township trustees, for the hearing of the petition provided for by	21
section 515.02 or 515.16 of the Revised Code. The township fiscal	22
officer shall prepare and deliver to any of the petitioners a	23
notice in writing directed to the lot and land owners and to the	24
corporations, either public or private, affected by the	25
improvement. The notice shall set forth the substance, pendency,	26
and prayer of the petition and the time and place of the hearing	27
on it.	28

A copy of the notice shall be served upon each lot or land	29
owner or left at the lot or land owner's usual place of residence,	30
and upon an officer or agent of each corporation having its place	31
of business in the district or area, at least fifteen days before	32
the date set for the hearing. On or before the day of the hearing,	33
the person serving the notice shall make return on it, under oath,	34
of the time and manner of service and shall file the return with	35
the township fiscal officer.	36

The township fiscal officer shall give the notice to each	37
nonresident lot or land owner, by publication once, in a newspaper	38
published in and of general circulation in the county in which the	39
district or area is situated, at least two weeks before the day	40
set for hearing. The notice shall be verified by affidavit of the	41
printer or other person knowing the fact and shall be filed with	42
the township fiscal officer on or before the day of hearing. No	43
further notice of the petition or the proceedings under it shall	44
thereafter be required.	45

Sec. 515.05. At the time and place specified in the notice	46
for hearing on a petition ~~for the lighting of streets and public~~	47
~~ways, as~~ provided by section 515.04 or 515.16 of the Revised Code,	48
the board of township trustees shall meet and hear any and all	49
proof offered by any of the parties affected by such improvement,	50
and by other persons competent to testify. Such board shall go	51
over and along such streets and public ways, and, by actual view	52
thereof, and of the premises along and adjacent thereto and to be	53
lighted or benefited thereby, it shall determine the necessity of	54
the improvement. The board may find that the improvement will	55
result in general as well as special benefits. The board may	56
adjourn from time to time and to such place as necessity requires.	57

Sec. 515.08. On accepting a bid for artificial lighting and	58
bond as provided by section 515.07 of the Revised Code, the board	59
of township trustees shall enter into a contract with the	60
successful bidder for the furnishing of such lights according to	61
specifications. The contract shall not be for a longer term than	62
ten years. The cost and expenses of furnishing and maintaining	63
such lights, and of the proceedings in relation thereto, shall be	64
paid from a fund raised by special assessments against the lots	65
and lands in the district which are benefited by such lighting,	66
provided, if the board finds that the lighting will result in	67
general as well as special benefits there may be paid from the	68
general fund of the township treasury such portion of the cost and	69
expenses, except interest on unpaid assessments, as is found to	70
represent the value of the general benefit.	71

Such assessments shall not be in excess of the special	72
benefits resulting from such lighting, they shall be paid and	73
collected in equal semiannual installments, equal in number to	74
twice the number of years for which the contract is made, and they	75
shall be paid and collected in the same manner and at the same	76
times that taxes are paid and collected. Any such assessment in	77
the amount of five dollars or less, or with an unpaid balance of	78
five dollars or less, shall be paid in full, and not in	79
installments, at the time the first or next installment would	80
otherwise become due and payable. Such assessments may be made and	81
levied by any one of the following methods:	82

(A) By a percentage of the tax value of the property	83
assessed;	84

(B) In proportion to the benefits which may result from the	85
lighting;	86

(C) By the foot frontage of the property bounding and	87
abutting upon the streets, or public ways so lighted;	88

(D) In an equal amount against each benefited lot, this	89
amount to be determined by dividing the total cost per semiannual	90
installment by the number of benefited lots in the district.	91

The board of township trustees, by resolution, may provide	92
for the payment of interest on unpaid assessments, which shall be	93
treated as part of the costs and expenses of furnishing and	94
maintaining the lights. The resolution shall specify the rate of	95
interest, which shall be based on the fair market rate that would	96
have been borne by securities issued in anticipation of the	97
collection of the assessments if such securities had been issued.	98

After the levy of such special assessment the board may, at	99
any time during any year in which installments thereof become due,	100
pay out of the general fund of the township the full amount of the	101
contract price for that year, provided such amount does not exceed	102
the aggregate amount of the installments due for that year.	103

Sec. 515.11. The board of township trustees shall certify to	104
the county auditor the boundaries of the district in which lights	105
are to be erected, and, when requested to do so by the board, the	106
auditor shall apportion the valuation for taxation of any lot or	107
parcel of land lying partly within and partly without the	108
district.	109

The board shall, by resolution, assess against the benefited	110
lots and parcels of land in the district, in accordance with	111
section 515.08 of the Revised Code, such portion of the costs of	112
furnishing and maintaining the lights, for the period of the	113
contract and the proceedings in relation thereto, as does not	114
exceed the special benefits resulting from the lighting, and shall	115
certify such costs to the auditor. The auditor shall annually	116
place upon the tax duplicate, for collection in semiannual	117
installments as provided in that section, the two installments of	118
the assessment for that year, which installments, together with	119
any interest on unpaid assessments, shall be paid and collected as	120
provided in that section.	121

Sec. 515.12. (A) All officers shall receive for services	136
performed under sections 515.01 to ~~515.11~~515.16 of the Revised	137
Code the same fees allowed for other similar services.	138

If the number of lights to be furnished and maintained in a	122
district under any such contract is increased, pursuant to section	123
515.09 of the Revised Code, the board shall make such additional	124
assessments as are necessary to pay the cost of furnishing and	125
maintaining the additional number of lights. If the cost of	126
providing the lights increases, the board may make such additional	127
assessments as are necessary to pay the additional cost of the	128
lights. The additional assessments shall be made, certified, and	129
collected in the same manner as an original assessment, but shall	130
be only for the unexpired portion of the term of the contract.	131

The additional assessments and any unpaid interest thereon,	132
when collected, shall go into the township treasury and shall be	133
used by the board only for the purpose for which they were levied	134
and collected.	135

The township fiscal officer shall receive for the fiscal	139
officer's services the sum of fifty cents from each lot or land	140
owner for whom a notice is prepared and the sum of fifty cents for	141
each annual assessment certified to the county auditor.	142

All payments for the services of township officials shall be	143
included in the cost of the lighting district or relocation and	144
assessed against the property. The compensation shall be in	145
addition to all other compensation provided by law.	146

(B) The board of township trustees may, by resolution, employ	147
additional personnel in place of the township fiscal officer to	148
prepare and certify notices for each lot or land owner and shall	149
pay a reasonable sum not to exceed fifty cents for each lot or	150
land owner for whom a notice is prepared and a reasonable sum not	151
to exceed fifty cents for each annual assessment certified to the	152
county auditor. The actual cost of the additional personnel shall	153
be assessed proportionately against each lot or land owner and	154
shall be included in the cost of the lighting district or	155
relocation.	156

Sec. 515.15. A board of township trustees may contract only	157
with ~~any~~the corporation, company, partnership, association,	158
municipal corporation, or person that owns overhead cables, wires,	159
and appurtenant equipment on a street or right-of-way located	160
within the township for the relocation of the overhead cables,	161
wires, and appurtenant equipment underground. Nothing in this	162
section requires the owner of the overhead cables, wires, and	163
appurtenant equipment to agree to a contract that contains terms	164
or conditions that are not acceptable to the owner. Unless a	165
pre-existing arrangement provides otherwise or the parties to the	166
contract agree otherwise, the township shall pay the cost of the	167
relocation as provided in the contract. A proceeding for the	168
relocation may be combined with a proceeding for the furnishing of	169
new street lighting facilities or other street improvement.	170

~~Any corporation, company, partnership, association, municipal~~	171
~~corporation, or person with which the board of township trustees~~	172
~~contracts for the relocation of overhead cables, wires, and~~	173
~~appurtenant equipment underground shall identify and consult with~~	174
~~the owner of such cables, wires, and equipment during the planning~~	175
~~of the relocation, and shall notify the owner at least twenty-four~~	176
~~hours in advance of beginning the relocation.~~	177

A board of township trustees may, by resolution, adopt and	178
enforce regulations requiring owners of property abutting a street	179
in which overhead wires, cables, and appurtenant equipment	180
supplying a utility service have been relocated underground and	181
service connections have been provided to the street,	182
right-of-way, or property line, to install underground wires,	183
cables, or conduits from the street or right-of-way to the	184
buildings or other structures on the property to which the utility	185
service is supplied. The township may pay the cost incurred in	186
installing underground wires, cables, or conduits from the street	187
or right-of-way to the buildings or other structures on the	188
property to which the utility service is supplied.	189

For the purpose of relocating overhead wires, cables, and	190
appurtenant equipment and installing underground wires, cables,	191
conduits, and appurtenant equipment, a township may enter upon any	192
private land to examine or survey lines for the wires, cables,	193
conduits, and appurtenant equipment and may appropriate as much	194
land as is necessary for the relocation and installation.	195

The township is not liable for any service outages or other	196
damage caused by the relocation project. The owner of the overhead	197
cables, wires, and appurtenant equipment is not liable for any	198
service outages or other damage caused by the relocation project,	199
unless the outage or other damage was caused by the owner's	200
negligence. Nothing in this section otherwise alters township liability under Chapter 2744. of the Revised Code.	201

Sec. 515.16. Any person may file a petition with the township	202
fiscal officer requesting the board of township trustees to	203
relocate underground any overhead cables, wires, and appurtenant	204
equipment on streets or rights-of-way in an unincorporated area of	205
the township. The petition shall specify the metes and bounds of	206
the area to be included in the relocation project and shall be	207
signed by at least seventy-five per cent of the landowners in the	208
specified area whose land either abuts the streets or	209
rights-of-way or otherwise would be specially benefited by the	210
project.	211

The township fiscal officer shall give notice of the petition	212
and a copy of it to the board of township trustees, schedule a	213
hearing on the petition, and provide notice in the manner set	214
forth in section 515.04 of the Revised Code. The board shall hear	215
the petition in the manner set forth in section 515.05 of the	216
Revised Code.	217

If the board of township trustees decides in favor of the	218
petition, it shall contract only with the corporation, company,	219
partnership, association, municipal corporation, or person that	220
owns the overhead cables, wires, and appurtenant equipment that	221
are to be relocated. Nothing in this section requires the owner of	222
the overhead cables, wires, and appurtenant equipment to agree to	223
a contract that contains terms or conditions that are not	224
acceptable to the owner. Unless a pre-existing arrangement	225
provides otherwise or the parties to the contract agree otherwise,	226
the township shall pay the cost of the relocation project as	227
provided in the contract. Any part of the costs of the relocation	228
project to be paid by the township pursuant to the contract shall	229
be assessed upon abutting or specially benefited property.	230

Except as otherwise provided in this section, the costs and	231
expenses of the relocation project and related proceedings	232
ultimately shall be paid by special assessments against the	233
properties located in the project area that abut the streets or	234
rights-of-way in question or that otherwise are specially	235
benefited by the project. The assessments shall be made and levied	236
in one of the following methods:	237

(B) In proportion to the special benefit resulting from the	239
relocation project.	240

(C) By the foot frontage of the property abutting the streets	241
or rights-of-way.	242

The board of township trustees, by resolution, shall assess	244
all lands abutting the streets or rights-of-way in the project	245
area and lands otherwise specially benefited by the project. The	246
resolution may allow the assessments to be paid over a number of	247
years, but not more than ten years.	248

If the board of township trustees finds that the relocation	256
project will result in general as well as special benefits, the	257
board may pay from the township general fund a portion of the	258
costs and expenses of the project, except interest on unpaid	259
assessments, that represents the value of the general benefits. In	260
no case shall assessments exceed the special benefits resulting	261
from the project.	262

The board of township trustees shall certify the assessments	263
and interest on unpaid assessments, when applicable, to the county	264
auditor. The auditor shall place the assessments and interest on	265
unpaid assessments, when applicable, upon the tax duplicate and	266
collect the assessments and interest in the same manner and at the	267
same time that taxes are paid and collected. The collected	268
assessments and collected interest shall be deposited into the	269
township general fund.	270

During any year in which installment payments of the	271
assessments are due, the board of township trustees, by	272
resolution, may waive the payments for all the assessed lands and	273
pay the aggregate amount of the assessments for that year out of	274
the township general fund.	275