Sub. H. B. No. 244 As Passed by the Senate

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
Senators Cates, Schuler, Seitz, Fedor, Harris, Spada

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~~	21
authorized by section 515.02 or 515.16 of the Revised Code. The	22
township fiscal officer or the fiscal officer's designee shall	23
prepare and deliver to any of the petitioners a notice in writing	24
directed to the lot and land owners and to the corporations,	25
either public or private, affected by the improvement. The notice	26
shall set forth the substance, pendency, and prayer of the	27
petition and the time and place of the hearing 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 or the fiscal officer's designee	37
shall give the notice to each nonresident lot or land owner, by	38
publication once, in a newspaper published in and of general	39
circulation in the county in which the district or area is	40
situated, at least two weeks before the day set for hearing. The	41
notice shall be verified by affidavit of the printer or other	42
person knowing the fact and shall be filed with the township	43
fiscal officer or the fiscal officer's designee on or before the	44
day of hearing. No further notice of the petition or the	45
proceedings under it shall thereafter be required.	46

Sec. 515.05. At the time and place specified in the notice	47
for hearing on a petition ~~for the lighting of streets and public~~	48
~~ways, as provided~~authorized by section 515.04 or 515.16 of the	49
Revised Code, the board of township trustees shall meet and hear	50
any and all proof offered by any of the parties affected by ~~such~~	51
the improvement, and by other persons competent to testify. ~~Such~~	52
The board shall go over and along such streets and public ways,	53
and, by actual view thereof, and of the premises along and	54
adjacent thereto and to be lighted or benefited thereby, it shall	55
determine the necessity of the improvement. The board may find	56
that the improvement will result in general as well as special	57
benefits. The board may adjourn from time to time and to such	58
place as necessity requires.	59

Sec. 515.08. On accepting a bid for artificial lighting and	60
bond as provided by section 515.07 of the Revised Code, the board	61
of township trustees shall enter into a contract with the	62
successful bidder for the furnishing of such lights according to	63
specifications. The contract shall not be for a longer term than	64
ten years. The cost and expenses of furnishing and maintaining	65
such lights, and of the proceedings in relation thereto, shall be	66
paid from a fund raised by special assessments against the lots	67
and lands in the district which are benefited by such lighting,	68
provided, if the board finds that the lighting will result in	69
general as well as special benefits there may be paid from the	70
general fund of the township treasury such portion of the cost and	71
expenses, except for any accrued interest on unpaid assessments,	72
as is found to represent the value of the general benefit.	73

~~Such~~Special assessments shall not be in excess of the	74
special benefits resulting from such lighting, they shall be paid	75
and collected in equal semiannual installments, equal in number to	76
twice the number of years for which the contract is made, and they	77
shall be paid and collected in the same manner and at the same	78
times that taxes are paid and collected. Any such assessment in	79
the amount of five dollars or less, or with an unpaid balance of	80
five dollars or less, shall be paid in full, and not in	81
installments, at the time the first or next installment would	82
otherwise become due and payable. Such assessments may be made and	83
levied by any one of the following methods:	84

(A) By a percentage of the tax value of the property	85
assessed;	86

(B) In proportion to the benefits which may result from the	87
lighting;	88

(C) By the foot frontage of the property bounding and	89
abutting upon the streets, or public ways so lighted;	90

(D) In an equal amount against each benefited lot, this	91
amount to be determined by dividing the total cost per semiannual	92
installment by the number of benefited lots in the district.	93

The board of township trustees, by resolution, may provide	94
for the payment of interest on unpaid assessments, which shall be	95
treated as part of the costs and expenses of furnishing and	96
maintaining the lights. The resolution shall specify the rate of	97
interest, which shall be based on the current prime rate.	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 accrued interest on unpaid assessments, shall be paid and	120
collected as 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,	153
together with other reasonable expenses incurred by the board,	154
shall be assessed proportionately against each lot or land owner	155
and shall be included in the cost of the lighting district or	156
relocation.	157

Sec. 515.15. A board of township trustees may contract only	158
with ~~any~~the corporation, company, partnership, association,	159
municipal corporation, or person that owns overhead cables, wires,	160
and appurtenant equipment on a street or right-of-way located	161
within the township for the relocation of the overhead cables,	162
wires, and appurtenant equipment underground. Nothing in this	163
section requires the owner of the overhead cables, wires, and	164
appurtenant equipment to agree to a contract that contains terms	165
or conditions that are not acceptable to the owner. Unless a	166
pre-existing arrangement provides otherwise or the parties to the	167
contract agree otherwise, the township shall pay the cost of the	168
relocation as provided in the contract. A proceeding for the	169
relocation may be combined with a proceeding for the furnishing of	170
new street lighting facilities or other street improvement.	171

~~Any corporation, company, partnership, association, municipal~~	172
~~corporation, or person with which the board of township trustees~~	173
~~contracts for the relocation of overhead cables, wires, and~~	174
~~appurtenant equipment underground shall identify and consult with~~	175
~~the owner of such cables, wires, and equipment during the planning~~	176
~~of the relocation, and shall notify the owner at least twenty-four~~	177
~~hours in advance of beginning the relocation.~~	178

A board of township trustees may, by resolution, adopt and	179
enforce regulations requiring owners of property abutting a street	180
in which overhead wires, cables, and appurtenant equipment	181
supplying a utility service have been relocated underground and	182
service connections have been provided to the street,	183
right-of-way, or property line, to install underground wires,	184
cables, or conduits from the street or right-of-way to the	185
buildings or other structures on the property to which the utility	186
service is supplied. The township may pay the cost incurred in	187
installing underground wires, cables, or conduits from the street	188
or right-of-way to the buildings or other structures on the	189
property to which the utility service is supplied.	190

For the purpose of relocating overhead wires, cables, and	191
appurtenant equipment and installing underground wires, cables,	192
conduits, and appurtenant equipment, a township may enter upon any	193
private land to examine or survey lines for the wires, cables,	194
conduits, and appurtenant equipment and may appropriate as much	195
land as is necessary for the relocation and installation.	196

The township is not liable for any service outages or other	197
damage caused by the underground relocation project. The owner of	198
the overhead cables, wires, and appurtenant equipment is not	199
liable for any service outages or other damage caused by the	200
underground relocation project, unless the outage or other damage	201
was caused by the owner's negligence. Nothing in this section	202
otherwise alters township liability under Chapter 2744. of the	203
Revised Code.	204

Sec. 515.16. Any person may file a petition with the township	205
fiscal officer requesting the board of township trustees to	206
relocate underground any overhead cables, wires, and appurtenant	207
equipment on streets or rights-of-way and designated private	208
streets in an unincorporated area of the township. The petition	209
shall specify the metes and bounds of the area to be included in	210
the underground relocation project and any designated properties	211
served by private streets as designated in the petition and shall	212
be signed by at least seventy-five per cent of the landowners in	213
the specified area whose land either abuts the streets or	214
rights-of-way, including any designated properties served by	215
private streets, or otherwise would be specially benefited by the	216
project.	217

The township fiscal officer shall give notice of the petition	218
and a copy of it to the board of township trustees, schedule a	219
hearing on the petition, and provide notice in the manner set	220
forth in section 515.04 of the Revised Code. The board shall hear	221
the petition in the manner set forth in section 515.05 of the	222
Revised Code.	223

If the board of township trustees decides in favor of the	224
petition, it shall contract only with the corporation, company,	225
partnership, association, municipal corporation, or person that	226
owns the overhead cables, wires, and appurtenant equipment that	227
are to be relocated. Nothing in this section requires the owner of	228
the overhead cables, wires, and appurtenant equipment to agree to	229
a contract that contains terms or conditions that are not	230
acceptable to the owner. Unless a pre-existing arrangement	231
provides otherwise or the parties to the contract agree otherwise,	232
the township shall pay the cost of the relocation project as	233
provided in the contract. Any part of the costs of the relocation	234
project to be paid by the township pursuant to the contract shall	235
be assessed upon abutting or specially benefited property.	236

Except as otherwise provided in this section, the costs and	237
expenses of the underground relocation project and related	238
proceedings ultimately shall be paid by special assessments	239
against the properties located in the project area that abut the	240
streets or rights-of-way in question, including any designated	241
properties served by private streets, or that otherwise are	242
specially benefited by the project. The assessments shall be made	243
and levied in one of the following methods:	244

(B) In proportion to the special benefit resulting from the	246
relocation project.	247

(C) By the foot frontage of the property abutting the streets	248
or rights-of-way.	249

The board of township trustees, by resolution, shall assess	251
all lands abutting the streets or rights-of-way in the project	252
area, including any designated properties served by private	253
streets, and lands otherwise specially benefited by the project.	254
The resolution may allow the assessments to be paid over a number	255
of years, but not more than ten years.	256

If the board of township trustees finds that the underground	262
relocation project will result in general as well as special	263
benefits, the board may pay from the township general fund a	264
portion of the costs and expenses of the project, except for any	265
accrued interest on unpaid assessments, that represents the value	266
of the general benefits. In no case shall the total assessments	267
exceed the special benefits to the entire project area resulting	268
from the project.	269

The board of township trustees shall certify the assessments	270
and interest on unpaid assessments, when applicable, to the county	271
auditor. The auditor shall place the assessments and interest on	272
unpaid assessments, when applicable, upon the tax duplicate and	273
collect the assessments and interest in the same manner and at the	274
same time that taxes are paid and collected. The collected	275
assessments and collected interest shall be deposited into the	276
township general fund.	277

During any year in which installment payments of the	278
assessments are due, the board of township trustees, by	279
resolution, may waive the payments for all the assessed lands and	280
pay the aggregate amount of the assessments for that year minus	281
any accrued interest on unpaid assessments out of the township	282
general fund.	283