As Reported by the House Economic Development and Environment Committee

127th General Assembly
Regular Session
2007-2008
Sub. H. B. No. 47


Representative Gibbs 

Cosponsors: Representatives Fessler, Combs, Collier, Aslanides, Zehringer, Hagan, J. 

A BILL
To amend sections 6101.10, 6101.29, 6101.30, 6101.48, 1
6101.53, 6101.70, and 6101.77 and to enact section 2
6101.101 of the Revised Code to revise the 3
membership of the board of directors of a 4
conservancy district that includes all or parts 5
of more than sixteen counties, to require the 6
board of directors of such a district rather than 7
the conservancy court to perform certain 8
functions under the Conservancy Districts Law, to 9
prohibit the levying of a first-time assessment 10
by the board of directors of a conservancy 11
district on land that is owned by a church within 12
the district unless the governing authority of 13
the church requests that the church's land be 14
subject to the assessment, and to authorize the 15
board of directors of such a conservancy 16
district to revise the boundaries of the 17
district to include lands that are within the 18
watershed in which the district is located.19


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 6101.10, 6101.29, 6101.30, 6101.48, 20
6101.53, 6101.70, and 6101.77 be amended and section 6101.101 of 21
the Revised Code be enacted to read as follows:22

       Sec. 6101.10.  (A) Except as provided in division (B) of this 23
section, within thirty days after entering the decree24
incorporating a conservancy district, the court shall appoint25
three persons, at least two of whom are residents of counties, all 26
or part of which are included within the territorial limits of the 27
district, as a board of directors of the conservancy district, one 28
for a term of three years, one for a term of five years, and one 29
for a term of seven years. At the expiration of their terms of 30
office, appointments shall be made for terms of five years. The 31
court shall fill any vacancy whichthat may occur on the board for 32
the unexpired term.33

       (B) Within thirty days after the entering of a decree under34
section 6101.09 of the Revised Code incorporating a conservancy35
district that includes all or parts of more than sixteen counties, 36
the courtpresidents of the boards of county commissioners of the 37
counties all or part of which are included within the territorial 38
limits of the district shall appoint fivenine persons, each of 39
whom is a resident of a different county and at least three of 40
whom are residents of counties all or part of which areis41
included within the territorial limits of the district, as a42
members of the board of directors of the conservancy district. In 43
appointing members of the board, the presidents of boards of 44
county commissioners shall divide the district into three distinct 45
geographic regions based on the three largest subwatersheds within 46
the district. The board shall include three members from each of 47
the three geographic regions. The presidents of the boards of 48
county commissioners shall establish procedures for accepting 49
applications for positions on the board of directors.50

       A majority vote of the presidents of the boards of county 51
commissioners is necessary for appointment of a member of the 52
board of directors of the conservancy district. Of the initial 53
appointments made to the board, onetwo shall be for a term of two 54
years, two for a term of three years, onetwo for a term of four 55
years, oneand three for a term of five years, one for a term of56
six years, and one for a term of seven years. At the expiration of 57
their terms of office, appointments shall be made for terms of58
five years. The courtpresidents of the boards of county 59
commissioners of the counties all or part of which are included 60
within the territorial limits of the district shall fill any 61
vacancy whichthat may occur on the board for the unexpired term. 62
A member of the board of directors of the conservancy district may 63
be reappointed.64

       (C) Within thirty days after issuing an order under section 65
6101.30, 6101.70, or 6101.72 of the Revised Code annexing lands to66
a district or uniting districts and resulting in a district that 67
includes all or parts of more than sixteen counties, the court 68
shall appoint to thea board of directors two additional members, 69
each of whom is a resident of a different county and does not 70
reside in the same county as any member of the existing board, for 71
terms of not more than five years, provided that the terms of 72
those two members shall not expire in the same year or in the year 73
in which any existing member's term expires. At the expiration of 74
their terms of office, appointments shall be made for terms of 75
five years. In appointing the two additional members, the court 76
shall ensure that at least three of the five members of the board 77
are residents of counties all or part of which are included within78
the territorial limits of the district. The court shall fill any79
vacancy which may occur on the board for the unexpired term and,80
in filling vacancies or making subsequent appointments, shall81
ensure that all members of the board reside in different counties82
for the resulting conservancy district shall be appointed in 83
accordance with division (B) of this section. Upon the appointment 84
of the new board of directors, the prior board of directors of the 85
conservancy district shall terminate, and the new board of 86
directors shall govern and operate the conservancy district.87

       Sec. 6101.101. (A) On and after the effective date of this 88
section and notwithstanding any other section of the Revised Code 89
to the contrary, the board of directors of a conservancy district 90
that includes all or parts of more than sixteen counties shall 91
perform all of the functions of the conservancy court established 92
under this chapter for the district except the functions of the 93
court specified in sections 6101.01, 6101.03, 6101.05, 6101.06, 94
6101.061, 6101.07, 6101.08, 6101.09, 6101.10, 6101.11, 6101.13, 95
6101.181, 6101.26, 6101.29, 6101.30, 6101.31, 6101.32, 6101.33, 96
6101.34, 6101.35, 6101.36, 6101.37, 6101.38, 6101.39, 6101.40, 97
6101.43, 6101.44, 6101.45, 6101.48, 6101.53, 6101.54, 6101.59, 98
6101.60, 6101.66, 6101.67, 6101.68, 6101.69, 6101.70, 6101.71, 99
6101.72, 6101.73, 6101.74, 6101.76, 6101.77, 6101.78, and 6101.79 100
of the Revised Code.101

       (B) In performing the functions of the court pursuant to 102
division (A) of this section, the board shall resolve reasonably 103
any conflicts that may occur and shall avoid duplication of any 104
requirement.105

       Sec. 6101.29. (A) If the board of appraisers of a conservancy 106
district finds that lands or other property not embraced within 107
the boundaries of the district will be affected by the proposed 108
improvement, or should be included in the district, it shall 109
appraise the benefits and damages to such land, and shall file 110
notice in the court of the appraisal whichthat it has made upon 111
the lands beyond the boundaries of the district, and to the land 112
whichthat in its opinion should be included in the district. The 113
board shall also report to the court any lands whichthat in its 114
opinion should be eliminated from the district.115

       (B) If the board of directors of a conservancy district that 116
includes all or parts of more than sixteen counties determines 117
that any lands within the watershed in which the district is 118
located are not included within the boundaries of the district, 119
the board may adopt a resolution, by a two-thirds vote of the 120
board, revising the boundaries of the district to include those 121
lands. The board shall file notice in the court of the resolution. 122
Not later than thirty days after adopting a resolution under this 123
division, the board shall provide written notice, by United States 124
mail, to each property owner whose land is proposed to be 125
incorporated into the district. The notice shall include both of 126
the following:127

        (1) A statement that land owned by the property owner is 128
proposed to be included in the district;129

        (2) Information regarding the procedure for objecting to the 130
incorporation of the land in the district.131

       Sec. 6101.30. (A) If the report of the board of appraisers of 132
a conservancy district includes recommendations under division (A) 133
of section 6101.29 of the Revised Code that other lands and public 134
corporations be included in the district or that certain lands and 135
public corporations be excluded from the district, the clerk of 136
the court before which the proceeding is pending shall give to the 137
owners of that property and to the public corporations by 138
publication notice of a hearing on the petition for the creation 139
of the district. The notice to those owners whose lands are or the140
public corporations to be added to the district may be 141
substantially as shown in section 6101.84 of the Revised Code. The 142
time and place of the hearing may be the same as those of a 143
hearing on appraisals. To the owners of property and public 144
corporations to be excluded from the district, it is sufficient to 145
notify them of that fact.146

       (B) Within ninety days of the filing of notice of a 147
resolution adopted under division (B) of section 6101.29 of the 148
Revised Code, a property owner whose land is to be incorporated 149
into the district in accordance with the resolution may file 150
objections to the incorporation with the court. All objections 151
shall be heard by the court not later than one hundred eighty days 152
after the filing of notice of the resolution adopted under 153
division (B) of that section. The court shall provide for a 154
hearing on the objections in the county seat of each county in 155
which property is located with respect to which objections have 156
been filed. Hearings shall be conducted at a time and a place 157
fixed by the court. Notice of the time and place of a hearing 158
shall be given in the manner that the court determines 159
appropriate.160

       The court, at a hearing, shall approve or deny the 161
incorporation of land in the district as specified in the 162
resolution adopted by the board of directors. If the court 163
approves the incorporation, the land that is the subject of the 164
hearing shall be incorporated into the district. If the court 165
disapproves the incorporation, the land that is the subject of the 166
hearing shall not be incorporated into the district.167

       Sec. 6101.48. After(A) Except as otherwise provided in 168
division (B) of this section, after the conservancy appraisal 169
record as approved by the court, or that part of it from which no 170
appeal is pending, has been filed with the secretary of the 171
conservancy district as provided in section 6101.37 of the Revised 172
Code, from time to time, as the affairs of the district demand it, 173
the board of directors of the conservancy district shall levy on 174
all real property and on all public corporations, upon which 175
benefits have been appraised, an assessment of the portion of the 176
benefits that is found necessary by the board to pay the cost of 177
the execution of the official plan, including superintendence of 178
construction and administration, plus one-ninth of that total to 179
be added for contingencies, but not to exceed in the total of 180
principal the appraised benefits so adjudicated.181

       The assessment shall be apportioned to and levied on each182
tract of land or other property and each public corporation in the 183
district in proportion to the benefits appraised, and not in184
excess of the benefits appraised. Interest at a rate not to exceed 185
the rate provided in section 9.95 of the Revised Code, payable186
semiannually, shall be included in and added to the assessment, 187
but the interest shall not be considered as a part of the cost in 188
determining whether or not the expenses and costs of making the 189
improvement are equal to or in excess of the benefits appraised.190

       After the assessment is levied, the board shall report it to191
the court for confirmation. Upon the entry of the order of the192
court confirming the assessment, the clerk of the court shall193
transmit a certified copy of the order to the governing or taxing194
body of each political subdivision assessed, and the governing or195
taxing body shall receive and file the order. Thereafter, the196
board may order the issuance of notes in an amount not exceeding197
ninety per cent of the assessment in anticipation of the198
collection of the assessment.199

       After the court has confirmed the assessment, the secretary200
of the conservancy district, at the expense of the district, shall 201
prepare an assessment record named "Conservancy Assessment Record 202
of ....... District." It shall contain a notation of the items of 203
property appraised and the public corporations to which benefits 204
have been appraised, the total amount of benefits appraised 205
against each item or public corporation, and the total assessment 206
levied against each item or public corporation. If successive207
levies of assessment are made for the execution of the official 208
plan and the acquisition or construction of improvements, the 209
conservancy assessment record shall contain suitable notations to 210
show the number of levies and the amount of each, to the end that 211
the conservancy assessment record may disclose the aggregate of 212
all such levies made up to that time.213

       Upon the completion of the conservancy assessment record, it 214
shall be signed and certified by the president of the board and by 215
the secretary of the conservancy district and placed on file and 216
shall become a permanent record in the office of the district. 217
After the expiration of the thirty-day period for the payment of 218
assessments as provided by section 6101.49 of the Revised Code, a 219
copy of that part of the conservancy assessment record affecting 220
lands or public corporations in any county shall be filed with the 221
county auditor of the county.222

       If it is found at any time that the total amount of223
assessments levied is insufficient to pay the cost of works set224
out in the official plan or of additional work done, the board may 225
make an additional levy to provide funds to complete the work, 226
provided the total of all levies of the assessment exclusive of 227
interest does not exceed the total of benefits appraised.228

       (B)(1) The board of directors of a conservancy district that 229
has not collected an assessment under this section prior to the 230
effective date of this amendment and that subsequently proposes to 231
collect such an assessment shall not levy the assessment on real 232
property that is owned by a church or on which a church operates a 233
camp and that is located within the district unless the governing 234
authority of the church has specifically requested in writing that 235
the assessment be imposed on the church's real property or on the 236
property on which the church operates a camp. If a board of 237
directors receives such a written request from the governing 238
authority of a church, the board shall levy and collect the 239
assessment in accordance with the procedures and requirements 240
established in this chapter.241

       (2) Prior to the levying of an assessment as described in 242
division (B)(1) of this section, the board of directors of a 243
conservancy district may send a written notice to the governing 244
authority of a church that is located within the district or that 245
operates a camp in the district that explains the benefits of the 246
proposed assessment and that requests the governing authority of 247
the church to choose to voluntarily allow the proposed assessment 248
to be imposed on the church's real property or on the property on 249
which the church operates a camp.250

       (3) The governing authority of a church that has requested in 251
writing that an assessment be imposed on the church's real 252
property or on the property on which the church operates a camp in 253
accordance with division (B)(1) of this section may cease paying 254
the assessment if the governing authority of the church 255
specifically requests in writing to the board of directors of the 256
conservancy district that the assessment cease to be imposed on 257
the church's real property or the property on which the church 258
operates a camp. If the board of directors of a conservancy 259
district receives such a written request from the governing 260
authority of a church, the board shall cease levying and 261
collecting the assessment.262

        (4) A written request from the governing authority of a 263
church to impose an assessment on the church's real property or on 264
the property on which the church operates a camp in accordance 265
with division (B)(1) of this section and a church's payment of 266
such an assessment shall not be construed to abdicate, abridge, or 267
limit the rights and privileges pertaining to a church that are 268
established under any other section of the Revised Code.269

       (5) As used in this section and section 6101.53 of the 270
Revised Code, "church" means a fellowship of believers, 271
congregation, society, corporation, convention, or association 272
that is formed primarily or exclusively for religious purposes and 273
that is not formed for the private profit of any person.274

       (C) The owner of real property that is exempt from an 275
assessment levied under this section may specifically request in 276
writing to the board of directors of the conservancy district that 277
the assessment be imposed on the owner's real property. The 278
procedures established in division (B) of this section apply to 279
such a request.280

       Sec. 6101.53. To(A) Except as otherwise provided in 281
division (B) of this section, to maintain, operate, and preserve 282
the reservoirs, ditches, drains, dams, levies, canals, sewers,283
pumping stations, treatment and disposal works, or other284
properties or improvements acquired or made pursuant to this 285
chapter, to strengthen, repair, and restore the same, when needed, 286
and to defray the current expenses of the conservancy district, 287
the board of directors of the district may, upon the substantial 288
completion of the improvements and on or before the first day of 289
September in each year thereafter, levy an assessment upon each 290
tract or parcel of land and upon each public corporation within 291
the district, subject to assessments under this chapter, to be 292
known as a conservancy maintenance assessment. No assessment shall 293
be made with respect to works and improvements acquired or 294
constructed for the purpose of providing a water supply for 295
domestic, industrial, and public use within the district, when the 296
water supply can be metered or measured when furnished to persons 297
or public corporations. If the district, for the benefit of one or 298
more persons or political subdivisions, provides a water supply 299
that recharges underground aquifers and thereby replenishes wells 300
or provides a source of water for new wells, or increases the 301
natural low flow of a stream used for water supply, or creates an 302
impoundment, in such a way that the augmented use of water cannot 303
be metered or measured for individual or public consumption, the 304
board may make a maintenance assessment against benefited property 305
and public corporations in the same manner provided in this 306
section for maintenance of other properties or improvements.307

       The maintenance assessment shall be apportioned upon the308
basis of the total appraisal of benefits accruing for original and 309
subsequent construction, shall not exceed one per cent of the 310
total appraisal of benefits in any one year unless the court by 311
its order authorizes an assessment of a larger percentage, shall 312
not be less than two dollars, and shall be certified to the county 313
auditor of each county in which lands of the district are located 314
in the conservancy assessment record but in a separate column in 315
like manner and at the same time as the annual installment of the 316
assessment levied under section 6101.48 of the Revised Code is 317
certified, under the heading maintenance assessment. The auditor 318
shall certify the same to the county treasurer of the county at 319
the same time that the auditor certifies the annual installment of 320
the assessments levied under that section, and the sum of the 321
levies for any tract or public corporation may be certified as a 322
single item. The treasurer shall demand and collect the 323
maintenance assessment and make return of it, and shall be liable 324
for the same penalties for failure to do so as are provided for 325
the annual installment of the assessment levied under section 326
6101.48 of the Revised Code.327

       The amount of the maintenance assessment paid by any parcel328
of land or public corporation shall not be credited against the329
benefits assessed against the parcel of land or public330
corporation, but the maintenance assessment shall be in addition 331
to any assessment that has been or can be levied under section332
6101.48 of the Revised Code.333

       To maintain, operate, and preserve the works and improvements 334
of the district acquired or constructed for the purpose of 335
providing a water supply, to strengthen, repair, and restore the 336
same, and to defray the current expenses of the district for this 337
purpose, the board may impose rates for the sale of water to 338
public corporations and persons within the district. The rates to 339
be charged for the water shall be fixed and adjusted by the board 340
at intervals of not less than one year, so that the income thus 341
produced will be adequate to provide a maintenance fund for the 342
purpose of water supply. Contracts for supplying water to public 343
corporations and persons shall be entered into before the service 344
is rendered by the district. Contracts shall specify the maximum 345
quantity of water to be furnished to the public corporation or 346
person, and the quantity shall be fixed so as equitably to 347
distribute the supply. Preference shall be given to water supply 348
furnished to public corporations for domestic and public uses. 349
Bills for water supplied to public corporations shall be rendered 350
at regular intervals and shall be payable from the waterworks fund 351
of the public corporation or, if it is not sufficient, from the 352
general fund.353

       (B)(1) The board of directors of a conservancy district that 354
has not collected a maintenance assessment under this section 355
prior to the effective date of this amendment and that 356
subsequently proposes to collect such a maintenance assessment 357
shall not levy the maintenance assessment on land that is owned by 358
a church or on which a church operates a camp and that is located 359
within the district unless the governing authority of the church 360
has specifically requested in writing that the maintenance 361
assessment be imposed on the church's land or on the land on which 362
the church operates a camp. If a board of directors receives such 363
a written request from the governing authority of a church, the 364
board shall levy and collect the maintenance assessment in 365
accordance with the procedures and requirements established in 366
this chapter.367

       (2) Prior to the levying of a maintenance assessment as 368
described in division (B)(1) of this section, the board of 369
directors of a conservancy district may send a written notice to 370
the governing authority of a church that is located within the 371
district or that operates a camp in the district that explains the 372
need for the proposed maintenance assessment and that requests the 373
governing authority of the church to choose to voluntarily allow 374
the proposed maintenance assessment to be imposed on the church's 375
land or on the land on which the church operates a camp.376

       (3) The governing authority of a church that has requested in 377
writing that a maintenance assessment be imposed on the church's 378
land or on the land on which the church operates a camp in 379
accordance with division (B)(1) of this section may cease paying 380
the maintenance assessment if the governing authority of the 381
church specifically requests in writing to the board of directors 382
of the conservancy district that the maintenance assessment cease 383
to be imposed on the church's land or the land on which the church 384
operates a camp. If the board of directors of a conservancy 385
district receives such a written request from the governing 386
authority of a church, the board shall cease levying and 387
collecting the maintenance assessment.388

        (4) A written request from the governing authority of a 389
church to impose a maintenance assessment on the church's land or 390
on the land on which the church operates a camp in accordance with 391
division (B)(1) of this section and a church's payment of such a 392
maintenance assessment shall not be construed to abdicate, 393
abridge, or limit the rights and privileges pertaining to a church 394
that are established under any other section of the Revised Code.395

       (C) The owner of land that is exempt from a maintenance 396
assessment levied under this section may specifically request in 397
writing to the board of directors of the conservancy district that 398
the maintenance assessment be imposed on the owner's land. The 399
procedures established in division (B) of this section apply to 400
such a request.401

       Sec. 6101.70.  (A) If two or more conservancy districts have 402
been organized in a territory whichthat, in the opinion of the403
board of directors of the conservancy district of any one of the404
districts, should constitute only one district, the board of any405
one of the districts may petition the court for an order uniting406
those districts into a single district. The petition shall be407
filed in the office of the clerk of the court of common pleas of408
that county that has the greatest valuation of real property409
within the districts sought to be included, as shown by the tax410
duplicates of the respective counties. The petition shall set411
forth the necessity for the union of the two or more districts and 412
that the union of the districts would be conducive to the public 413
health, convenience, safety, or welfare and to the economical 414
execution of the purposes for which the districts were organized. 415
Upon receipt of the petition, the clerk shall give notice by 416
publication or by personal service to the boards of the districts 417
that it is desired to unite with the district of the petitioners. 418
The notice shall contain the time and place where the hearing on 419
the petition will be had and the purpose of the hearing. The 420
hearing shall be had in accordance with this chapter as for an 421
original hearing. If, after the hearing, the court finds that the 422
averments of the petition are true and that the districts, or any 423
of them, should be united, it shall so order, and thereafter those424
districts shall be united into one and proceed as one. The court 425
shall designate the corporate name of the united district, and 426
further proceedings shall be taken as provided for in this 427
chapter. In accordance with division (A) or (B) of section 428
6101.10 of the Revised Code, as applicable429

       If the united district includes all or parts of sixteen 430
counties or less, the court shall direct in the order in 431
accordance with division (A) of section 6101.10 of the Revised 432
Code who shall be the members of the board of the united district, 433
who shall thereafter have the powers and be subject to the 434
regulations as are provided for the board in districts created in 435
the first instance. However, if the united district includes all 436
or parts of more than sixteen counties, the presidents of the 437
boards of county commissioners of the counties all or part of 438
which are included within the territorial limits of the united 439
district shall appoint the members of the board of the united 440
district in accordance with divisions (B) and (C) of section 441
6101.10 of the Revised Code, who shall thereafter have the powers 442
and be subject to the regulations as are provided for the board in 443
districts created in the first instance.444

       (B) All legal proceedings already instituted by or against445
any of the constituent districts united into a single district446
under division (A) of this section may be revived and continued447
against the united district by an order of court substituting the448
name of the united district for the constituent district, and449
those proceedings shall then proceed as provided in this chapter.450

       (C) Instead of organizing a new district from the constituent 451
districts, the court may do one of the following:452

       (1) Direct that one or more of the districts described in the 453
petition be included into another of the districts, which other 454
district shall continue under its original corporate name and 455
organization, unless the resulting district includes all or parts 456
of more than sixteen counties, in which case the court shall 457
appoint two additional members whose appointments and terms of 458
office shall comply with the requirements established in division459
a new board of directors shall be appointed in accordance with 460
divisions (B) and (C) of section 6101.10 of the Revised Code;461

       (2) Direct that the districts absorbed as described in462
division (C)(1) of this section shall be represented on the board463
of the original district, designating what members of the board of 464
the original district shall be retired from the new board and what 465
members representing the included districts shall take their466
places, except that, if the resulting district includes all or467
parts of more than sixteen counties, the court also shall appoint468
two additional members whose appointments and terms of office469
shall comply with the requirements established in divisiona new 470
board of directors shall be appointed in accordance with divisions 471
(B) and (C) of section 6101.10 of the Revised Code;472

       (3) Direct that the included districts shall become473
subdistricts of the main district.474

       (D) If the districts sought to be united were organized in475
different counties, the court to determine the question involved 476
shall consist of one judge from each of the counties in the court 477
of which one of the districts was organized, and a majority shall 478
be necessary to render a decision. From the decision or from a 479
failure to decide, any interested property owner may appeal. No 480
action under this section shall interrupt or delay any proceeding 481
under this chapter, until the questions involved are finally 482
determined.483

       Sec. 6101.77.  The performance of all duties prescribed in 484
this chapter concerning the organization and administration or 485
operation of the conservancy district may be enforced against any 486
officer of the district by mandamus at the instance of the board487
of directors of the district or of any person or public 488
corporation interested in any way in the district. The board of 489
directors may institute court proceedings to enforce compliance by 490
any person or public corporation with any order of the board. The 491
board may institute those proceedings in the court of appeals in 492
the first instance.493

       Section 2.  That existing sections 6101.10, 6101.29, 6101.30, 494
6101.48, 6101.53, 6101.70, and 6101.77 of the Revised Code are 495
hereby repealed.496

       Section 3. (A) This section addresses the appointment of 497
members to the board of directors of a conservancy district in 498
existence on the effective date of this section that includes all 499
or parts of more than sixteen counties in order to comply with the 500
amendments made by this act to section 6101.10 of the Revised 501
Code. The five existing members of the board of directors of such 502
a conservancy district shall be appointed to the new nine-member 503
board in accordance with division (B) of this section. In 504
addition, four new members shall be appointed to the board as 505
provided in division (B) of this section so that the total 506
membership of the board is nine members.507

       (B) Not later than thirty days after the effective date of 508
this section, the presidents of the boards of county commissioners 509
of the counties all or part of which are included within the 510
territorial limits of a conservancy district in existence on the 511
effective date of this section that includes all or parts of more 512
than sixteen counties shall appoint four additional persons as 513
members of the existing board of directors of the conservancy 514
district. The terms of office of the resulting nine-member board 515
shall be as follows: two years for one of the new additional 516
persons, three years for one of the new additional persons and one 517
existing member, four years for one of the new additional persons 518
and two existing members, and five years for one of the new 519
additional persons and two existing members. Each member of the 520
board shall be a resident of a county all or part of which is 521
included within the territorial limits of the district. In 522
addition, the presidents of the boards of county commissioners in 523
appointing the new members to the board shall ensure, to the 524
extent possible, that the membership of the board includes three 525
members from each of the three geographic regions of the district 526
that are required to be established under division (B) of section 527
6101.10 of the Revised Code, as amended by this act. The 528
procedures and requirements established in division (B) of section 529
6101.10 of the Revised Code, as amended by this act, shall govern 530
the filling of vacancies, terms of office of future appointments, 531
reappointments, and other appointment matters.532

       Upon the appointment of the four additional members to the 533
existing board of directors of an existing conservancy district 534
under this section, the new board of directors shall govern and 535
operate the conservancy district.536