H. B. No. 494 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 494

Representative Dyer

Cosponsors: Representatives Brady, Luckie, Williams, B., Otterman, J., Yuko

A BILL

To amend sections 6115.04, 6115.05, 6115.06, 6115.08,

6115.16, 6115.46, and 6115.69 and to enact

sections 6115.051, 6115.081, 6115.082, 6115.091,

6115.092, 6115.093, 6115.094, 6115.095, 6115.096,

and 6115.321 of the Revised Code to revise the

law governing sanitary districts that are

organized wholly for the reduction of populations

of biting arthropods.

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

Section 1. That sections 6115.04, 6115.05, 6115.06, 6115.08,	9
6115.16, 6115.46, and 6115.69 be amended and sections 6115.051,	10
6115.081, 6115.082, 6115.091, 6115.092, 6115.093, 6115.094,	11
6115.095, 6115.096, and 6115.321 of the Revised Code be enacted	12
to read as follows:	13

Sec. 6115.04. The court of common pleas of any county in	14
this state, when the conditions stated in section 6115.05 or	15
6115.051 of the Revised Code, as applicable, are found to exist,	16
may establish sanitary districts within the county in which the	17
court is located. Districts partly within and partly without such	18
county may also be established by a court comprised of one judge	19
of the court of common pleas from each county having area within	20
the district, as provided in section 6115.08 or 6115.081 of the	21
Revised Code, as applicable.	22

If there are but two judges who sit as a court under this	23
section, and the judges are unable to agree as to the	24
establishment of such district or upon any other question left for	25
their decision, then a third judge from a disinterested county	26
shall be appointed by the chief justice of the supreme court,	27
which judge shall sit with the other two judges, and the decisions	28
of a majority of the judges shall be final. Compensation for such	29
judge shall be fixed by the chief justice.	30

Sanitary districts may be established for any of the	31
following purposes:	32

(A) To prevent and correct the pollution of streams;

(B) To clean and improve stream channels for sanitary	34
purposes;	35

(D) To provide for the collection and disposal of sewage and	37
other liquid wastes produced within the district;	38

(E) To provide a water supply for domestic, municipal, and	39
public use within the district, and incident to those purposes and	40
to enable their accomplishment to construct reservoirs, trunk	41
sewers, intercepting sewers, siphons, pumping stations, wells,	42
intakes, pipe lines, purification works, and treatment and	43
disposal works, to maintain, operate, and repair the same, to	44
acquire additional water supplies by purchase, and to do all other	45
things necessary for the fulfillment of the purposes of sections	46
6115.01 to 6115.79 of the Revised Code;	47

(F) To reduce populations of biting arthropods and abate	48
their breeding places, and incident to those purposes to purchase	49
supplies, materials, and equipment, to employ technicians and	50
laborers, to build, construct, maintain, and repair such	51
structures, devices, and improvements, to conduct studies and	52
surveys of the populations of biting arthropods and of the	53
incidence or spread within or among human or animal populations of	54
diseases transmitted by biting arthropods, and to do such other	55
things as are necessary or desirable to accomplish those purposes;	56

(G) To collect and dispose of garbage;

(H) To collect and dispose of any other refuse that may	58
become a menace to health.	59

Sec. 6115.05. Before any court establishes a sanitary	60
district as outlined in section 6115.04 of the Revised Code, a	61
petition shall be filed in the office of the clerk of ~~said~~the	62
court, signed by five hundred freeholders, or by a majority of the	63
freeholders, or by the owners of more than half of the property,	64
in either acreage or value, within the limits of the territory	65
proposed to be organized into a district. Such a petition may be	66
signed by the governing body of any public corporation lying	67
wholly or partly within the proposed district, in such manner as	68
it prescribes, and when so signed by such governing body such a	69
petition on the part of ~~said~~the governing body shall fill all the	70
requirements of representation upon such petition of the	71
freeholders of such public corporation, as they appear upon the	72
tax duplicate; and thereafter it is not necessary for individuals	73
within ~~said~~the public corporation to sign such a petition. Such a	74
petition may also be signed by railroads and other corporations	75
owning lands.	76

Such petition may be filed by any city interested in some	77
degree in the improvement, upon proper action by its governing	78
body. Property in each political subdivision wholly or partly	79
included in the proposed district shall be represented by the	80
signers of the petition provided for by this section.	81

The petition for the establishment of a district to provide a	82
water supply for domestic, municipal, and public use shall be	83
signed by the governing body of each municipal corporation, or	84
part thereof included in the proposed district, or by a majority	85
of the freeholders of political subdivisions or parts thereof	86
included in the proposed district and lying outside municipal	87
corporations, and shall also be signed by the public service	88
corporation ~~which~~that may be supplying water to the inhabitants	89
of such political subdivisions under franchise granted by the	90
governing bodies thereof.	91

The petition shall set forth the proposed name of ~~said~~the	92
district, the necessity for the proposed work and that it will be	93
conducive to the public health, safety, comfort, convenience, or	94
welfare, and a general description of the purpose of the	95
contemplated improvement, and of the territory to be included in	96
the proposed district. ~~Said~~The description need not be given by	97
metes and bounds or by legal subdivisions, but it is sufficient if	98
a generally accurate description is given of the territory to be	99
organized as a district. ~~Said~~The territory shall include two or	100
more political subdivisions or portions thereof, and, except as a	101
subdistrict provided for by section 6115.69 of the Revised Code,	102
shall not be included wholly within the limits of a single	103
municipal corporation. ~~Said~~The territory need not be contiguous,	104
provided that it is so situated that the public health, safety,	105
comfort, convenience, or welfare will be promoted by the	106
organization as a single district of the territory described.	107
~~Said~~The petition shall pray for the organization of the district	108
by the name proposed.	109

No petition with the requisite signatures shall be declared	110
void because of alleged defects, but the court may at any time	111
permit the petition to be amended in form and substance to conform	112
to the facts by correcting any errors in the description of the	113
territory, or in any other particular. Several similar petitions	114
or duplicate copies of the same petition for the organization of	115
the same district may be filed and shall together be regarded as	116
one petition. All such petitions filed prior to the hearing on	117
~~said~~the petition shall be considered by the court as though they	118
had been filed with the first petition placed on file.	119

In determining when a majority of landowners has signed the	120
petition, the court shall be governed by the names as they appear	121
upon the tax duplicate, which shall be prima-facie evidence of	122
such ownership.	123

This section does not apply to a sanitary district that is	124
proposed to be organized wholly for the reduction of populations	125
of biting arthropods. Instead, section 6115.051 of the Revised	126
Code applies to such a sanitary district.	127

Sec. 6115.051. (A) Before a court establishes a sanitary	128
district that is to be organized wholly for the reduction of	129
populations of biting arthropods as outlined in section 6115.04 of	130
the Revised Code, a petition shall be filed in the office of the	131
clerk of the court, signed by the lesser of five hundred	132
registered voters or ten per cent of the electors who voted for	133
the office of governor within the political subdivision in the	134
most recent gubernatorial election in each political subdivision	135
in which any portion of the sanitary district is proposed to be	136
located.	137

(B)(1) The petition shall set forth the proposed name of the	138
sanitary district, the purpose for the creation of the sanitary	139
district, and a general description of the territory to be	140
included in the proposed sanitary district. The description need	141
not be given by metes and bounds or by legal subdivisions, but it	142
is sufficient if a generally accurate description is given of the	143
territory to be organized as a sanitary district. The territory	144
shall include two or more political subdivisions or portions	145
thereof and shall not be included wholly within the limits of a	146
single municipal corporation. The territory need not be	147
contiguous, provided that it is so situated that the public	148
health, safety, comfort, convenience, or welfare will be promoted	149
by the organization as a single sanitary district of the territory	150
described.	151

(2) The petition shall request the organization of the	152
sanitary district by the name proposed.	153

(C) No petition with the requisite signatures shall be	154
declared void because of alleged defects, but the court at any	155
time may permit the petition to be amended in form and substance	156
to conform to the facts by correcting any errors in the	157
description of the territory or in any other particular. Several	158
similar petitions or duplicate copies of the same petition for the	159
organization of the same sanitary district may be filed and shall	160
together be regarded as one petition. All such petitions that are	161
filed prior to the election on the petition shall be considered by	162
the court as though they had been filed with the first petition	163
placed on file.	164

(D) After receiving the petition with the requisite number of	165
signatures, the court shall submit the names and signatures of the	166
petitioners to the appropriate boards of elections of the counties	167
in which the petitioners reside for verification of the petition	168
signatures. The boards of elections shall notify the court of the	169
sufficiency or insufficiency of the petition. If the petition	170
contains a sufficient number of valid signatures, the court shall	171
follow the procedures established in section 6115.081 of the	172
Revised Code.	173

Sec. 6115.06. At the time of filing the petition provided	174
for in section 6115.05 of the Revised Code, or at any time	175
subsequent thereto and prior to the time of the hearing on ~~said~~	176
the petition, a bond shall be filed, with security approved by the	177
court, sufficient to pay all the expenses connected with the	178
proceedings in case the court refuses to organize the sanitary	179
district. If at any time during the proceeding the court is	180
satisfied that the bond first executed is insufficient in amount,	181
it may require the execution of an additional bond within a time	182
to be fixed, which shall be not less than ten days distant, and	183
upon failure of the petitioners to execute such additional bond	184
the petition shall be dismissed.	185

This section does not apply to a sanitary district that is	186
proposed to be organized wholly for the reduction of populations	187
of biting arthropods. Instead, section 6115.082 of the Revised	188
Code applies to such a sanitary district.	189

Sec. 6115.08. Any owner of real property in a proposed	190
sanitary district who individually has not signed a petition under	191
section 6115.05 of the Revised Code, and who wishes to object to	192
the organization and incorporation of ~~said~~the district shall, on	193
or before the date set for the cause to be heard, file ~~his~~the	194
owner's objections to the organization and incorporation of such	195
district. Such objections shall be limited to a denial of the	196
statements in the petition, and shall be heard by the court as an	197
advanced case without unnecessary delay.	198

Upon the hearing, if it appears that the purposes of sections	199
6115.01 to 6115.79~~, inclusive,~~ of the Revised Code, would be	200
~~subserved~~served by the creation of a district, the court, after	201
disposing of all objections as justice and equity require, shall	202
by its findings, duly entered of record, adjudicate all questions	203
of jurisdiction, declare the district organized, and give it a	204
corporate name by which in all proceedings it shall thereafter be	205
known. A district so organized shall be a political subdivision of	206
the state and a body corporate with all the powers of a	207
corporation, and shall have perpetual existence, with power to sue	208
and be sued, to incur debts, liabilities, and obligations, to	209
exercise the right of eminent domain and of taxation and	210
assessment as provided in such sections, to issue bonds, and to do	211
all acts necessary and proper for the carrying out of the purposes	212
for which the district was created and for executing the powers	213
with which it is invested.	214

In such decree, the court shall designate the place where the	215
office or principal place of business of the district shall be	216
located, which shall be within the corporate limits of the	217
district if practicable, and which may be changed by order of	218
court. The regular meetings of the board of directors of the	219
district shall be held at such office or place of business, but	220
for cause may be adjourned to any other convenient place. The	221
official records and files of the district shall be kept at the	222
office so established.	223

If the court finds that the property set out in ~~said~~the	224
petition should not be incorporated into a district, it shall	225
dismiss ~~said~~the proceedings, and adjudge the costs against the	226
signers of the petition in the proportion of the interest	227
represented by them.	228

After an order is entered establishing the district, such	229
order is final and binding upon the real property within the	230
district and finally and conclusively establishes the regular	231
organization of such district against all persons except the state	232
upon suit commenced by the attorney general. Any such suit ~~must~~	233
shall be commenced within three months after ~~said~~the decree	234
declaring such district organized. The organization of ~~said~~the	235
district shall not be directly or collaterally questioned in any	236
suit, action, or proceeding except as expressly authorized in	237
sections 6115.01 to 6115.79~~, inclusive,~~ of the Revised Code.	238

In the case of a district lying in more than one county, one	239
judge of the court of common pleas of each of the counties having	240
land in the district shall sit as a court in the courthouse where	241
the original petition was filed to make the findings required by	242
this section and by section 6115.16 of the Revised Code. A	243
majority of ~~said~~the judges shall be necessary to render a	244
decision.	245

This section does not apply to a sanitary district that is	246
proposed to be organized wholly for the reduction of populations	247
of biting arthropods unless the board of health of a health	248
district having jurisdiction within the territory in which the	249
sanitary district is proposed to be located issues an order under	250
section 3709.20 or 3709.21 of the Revised Code, as applicable,	251
declaring a health emergency that requires the reduction of	252
populations of biting arthropods.	253

Sec. 6115.081. (A) If it appears that the purposes of this	254
chapter would be served by the creation of a sanitary district	255
that is to be organized wholly for the reduction of populations of	256
biting arthropods, the court shall submit the question of whether	257
such a sanitary district shall be created to the electors residing	258
within the territory in which the sanitary district is proposed to	259
be located.	260

(B) The court shall certify a copy of the court order	261
proposing to create the sanitary district to the board of	262
elections of each county in which any territory of the proposed	263
sanitary district is located. The board of elections of each such	264
county shall make the necessary arrangements for the submission of	265
the question to the electors of the proposed sanitary district on	266
the day specified in the order and occurring not less than	267
seventy-five days after the order is certified to the board of	268
elections. The election shall be held, canvassed, and certified in	269
the same manner as regular elections for the election of county	270
officers.	271

(C) Notice of the election shall be published in one or more	272
newspapers that, in the aggregate, are of general circulation in	273
the territory of the proposed sanitary district. The notice of the	274
election shall be published once a week for two consecutive weeks	275
prior to the election. If an applicable board of elections	276
operates and maintains a web site, notice of the election also	277
shall be posted on that web site for thirty days prior to the	278
election. The notice shall state the purpose for the creation of	279
the sanitary district and the time and place of the election.	280

(D) The form of the ballot cast at the election shall be as	281
follows:	282

"Shall a sanitary district organized wholly for the reduction	283
of populations of biting arthropods be created encompassing	284
property located within the ........ (name of political	285
subdivisions)?	286

287

		For the creation			288
		Against the creation	"		289

290

(E)(1) If a majority of the electors voting on the question	291
of creating the sanitary district vote in favor of the creation,	292
the court shall declare the sanitary district organized and give	293
it a corporate name by which it shall thereafter be known in all	294
proceedings. A sanitary district so organized is a political	295
subdivision of the state and a body corporate with all the powers	296
of a corporation and shall have perpetual existence, with power to	297
sue and be sued, to incur debts, liabilities, and obligations, to	298
exercise the right of eminent domain and of taxation and	299
assessment as provided in this chapter, to issue bonds, and to	300
perform all acts that are necessary and proper for carrying out	301
the purposes for which the sanitary district was created and for	302
executing the powers with which it is invested.	303

(2) In its decree, the court shall designate the place where	304
the office or principal place of business of the sanitary district	305
shall be located, which shall be within the corporate limits of	306
the sanitary district if practicable and which may be changed by	307
order of the court. The regular meetings of the board of directors	308
of the sanitary district shall be held at that office or place of	309
business, but for cause may be adjourned to any other convenient	310
place. The official records and files of the sanitary district	311
shall be kept at the office so established.	312

(3) After an order is entered establishing the sanitary	313
district, the order is final and binding on the real property	314
within the sanitary district. The organization of the sanitary	315
district shall not be directly or collaterally questioned in any	316
suit, action, or proceeding except as expressly authorized in this	317
chapter.	318

(4) In the case of a sanitary district lying in more than one	319
county, one judge of the court of common pleas of each of the	320
counties having land in the sanitary district shall sit as a court	321
in the courthouse where the original petition was filed for the	322
purposes of this section and to make the findings required by	323
section 6115.16 of the Revised Code. A majority of the judges	324
shall be necessary to render a decision.	325

(F)(1) If the creation of a sanitary district is approved in	326
an election that is held under this section, the court may charge	327
the sanitary district for any applicable election costs that the	328
court incurs under section 3501.17 of the Revised Code.	329

(2) If the creation of a sanitary district is not approved in	330
an election that is held under this section, the court may seek	331
reimbursement from the signers of the petition to create the	332
sanitary district in the proportion of the interest represented by	333
them for any applicable election costs that the court incurs under	334
section 3501.17 of the Revised Code.	335

Sec. 6115.082. At the time of filing the petition provided	336
for in section 6115.051 of the Revised Code, or at any time	337
subsequent to the filing and prior to the election on the	338
petition, a bond shall be filed, with security approved by the	339
court, sufficient to pay all of the expenses connected with the	340
proceedings in case the electors voting on the question of	341
creating a sanitary district in accordance with section 6115.081	342
of the Revised Code vote against the creation of the sanitary	343
district. If at any time during the proceeding the court is	344
satisfied that the bond first executed is insufficient in amount,	345
it may require the execution of an additional bond within a time	346
to be fixed, which shall be not less than ten days distant, and	347
upon failure of the petitioners to execute the additional bond,	348
the petition shall be dismissed.	349

Sec. 6115.091. (A) If the board of directors of a sanitary	350
district that is organized wholly for the reduction of populations	351
of biting arthropods wishes to expand the sanitary district beyond	352
its existing territory, the board shall file a petition in the	353
office of the clerk of the court, signed by the lesser of five	354
hundred registered voters or ten per cent of the electors who	355
voted for the office of governor within the political subdivision	356
in the most recent gubernatorial election in each political	357
subdivision in which any portion of the sanitary district is	358
located and in each political subdivision in which any territory	359
is located that is proposed to be included in the sanitary	360
district by expansion.	361

(B)(1) The petition shall set forth the reason for the	362
expansion of the sanitary district and a general description of	363
the territory that is proposed to be included in the sanitary	364
district. The description need not be given by metes and bounds or	365
by legal subdivisions, but it is sufficient if a generally	366
accurate description is given of the territory that is proposed to	367
be included in the sanitary district. The territory in the	368
proposed expansion need not be contiguous to the territory that is	369
located in the sanitary district, provided that the expanded	370
territory is so situated that the public health, safety, comfort,	371
convenience, or welfare will be promoted by the inclusion of the	372
territory described.	373

(2) The petition shall request that the sanitary district be	374
expanded to include the territory described in the petition.	375

(C) No petition with the requisite signatures shall be	376
declared void because of alleged defects, but the court at any	377
time may permit the petition to be amended in form and substance	378
to conform to the facts by correcting any errors in the	379
description of the territory or in any other particular. Several	380
similar petitions or duplicate copies of the same petition for the	381
expansion of the sanitary district may be filed and shall together	382
be regarded as one petition. All such petitions that are filed	383
prior to the election on the petition shall be considered by the	384
court as though they had been filed with the first petition placed	385
on file.	386

(D) After receiving the petition with the requisite number of	387
signatures, the court shall submit the names and signatures of the	388
petitioners to the appropriate boards of elections of the counties	389
in which the petitioners reside for verification of the petition	390
signatures. The boards of elections shall notify the court of the	391
sufficiency or insufficiency of the petition. If the petition	392
contains a sufficient number of valid signatures, the court shall	393
follow the procedures established in section 6115.092 of the	394
Revised Code.	395

Sec. 6115.092. (A) If it appears that the purposes of this	396
chapter would be served by the expansion of a sanitary district	397
that is organized wholly for the reduction of populations of	398
biting arthropods, the court shall submit the question of whether	399
such a sanitary district shall be expanded to the electors	400
residing in the sanitary district and in the territory that is	401
proposed to be included in the sanitary district by expansion.	402

(B) The court shall certify a copy of the court order	403
proposing to expand the sanitary district to the board of	404
elections of each county in which any territory that is included	405
in the sanitary district or that is proposed to be included in the	406
sanitary district is located. The board of elections of each such	407
county shall make the necessary arrangements for the submission of	408
the question to the electors of the sanitary district or of the	409
proposed expansion of the sanitary district, as applicable, on the	410
day specified in the order and occurring not less than	411
seventy-five days after the order is certified to the board of	412
elections. The election shall be held, canvassed, and certified in	413
the same manner as regular elections for the election of county	414
officers.	415

(C) Notice of the election shall be published in one or more	416
newspapers that, in the aggregate, are of general circulation in	417
the sanitary district and in the territory that is proposed to be	418
included in the sanitary district. The notice of the election	419
shall be published once a week for two consecutive weeks prior to	420
the election. If an applicable board of elections operates and	421
maintains a web site, notice of the election also shall be posted	422
on that web site for thirty days prior to the election. The	423
notice shall state the purpose for the expansion of the sanitary	424
district and the time and place of the election.	425

(D) The form of the ballot cast at the election shall be as	426
follows:	427

"Shall the .......... (name of sanitary district) be expanded	428
to include property located within the .......... (name of	429
political subdivisions)?	430

431

		For the expansion			432
		Against the expansion	"		433

434

(E) If a majority of the electors voting on the question of	435
expanding the sanitary district vote in favor of the expansion,	436
the court shall declare that the territory that is proposed to be	437
included in the expansion is part of the sanitary district. The	438
court may give the sanitary district a new corporate name that	439
includes the expanded territory by which it shall thereafter be	440
known in all proceedings.	441

(F) Whether the expansion of a sanitary district is approved	442
or not approved in an election that is held under this section,	443
the court may charge the sanitary district for any applicable	444
election costs that the court incurs under section 3501.17 of the	445
Revised Code.	446

Sec. 6115.093. (A) If the board of directors of a sanitary	447
district that is organized wholly for the reduction of populations	448
of biting arthropods receives a petition for the withdrawal of a	449
political subdivision from the sanitary district, signed by the	450
lesser of five hundred registered voters or ten per cent of the	451
electors who voted for the office of governor within the political	452
subdivision in the most recent gubernatorial election in the	453
political subdivision, the board shall file the petition in the	454
office of the clerk of the court.	455

(B) The petition shall set forth the reason for the	456
withdrawal of the political subdivision from the sanitary district	457
and shall request the withdrawal of the political subdivision from	458
the sanitary district.	459

(C) No petition with the requisite signatures shall be	460
declared void because of alleged defects, but the court at any	461
time may permit the petition to be amended in form and substance	462
to conform to the facts by correcting any errors in the	463
description of the territory or in any other particular. Several	464
similar petitions or duplicate copies of the same petition for the	465
withdrawal of a political subdivision from the sanitary district	466
may be filed and shall together be regarded as one petition. All	467
such petitions that are filed prior to the election on the	468
petition shall be considered by the court as though they had been	469
filed with the first petition placed on file.	470

(D) After receiving the petition with the requisite number of	471
signatures, the court shall submit the names and signatures of the	472
petitioners to the appropriate boards of elections of the counties	473
in which the petitioners reside for verification of the petition	474
signatures. The boards of elections shall notify the court of the	475
sufficiency or insufficiency of the petition. If the petition	476
contains a sufficient number of valid signatures, the court shall	477
follow the procedures established in section 6115.094 of the	478
Revised Code.	479

Sec. 6115.094. (A) If the applicable boards of elections	480
notify the court that a petition to withdraw a political	481
subdivision from a sanitary district that is organized wholly for	482
the reduction of populations of biting arthropods contains a	483
sufficient number of valid signatures as provided in section	484
6115.093 of the Revised Code, the court shall submit the question	485
of whether the political subdivision shall withdraw from the	486
sanitary district to the electors residing in the political	487
subdivision.	488

(B) The court shall certify a copy of the court order	489
proposing the withdrawal of the political subdivision from the	490
sanitary district to the board of elections of each county in	491
which any territory of the political subdivision is located. The	492
board of elections of each such county shall make the necessary	493
arrangements for the submission of the question to the electors of	494
the proposed withdrawal of the political subdivision from the	495
sanitary district on the day specified in the order and occurring	496
not less than seventy-five days after the order is certified to	497
the board of elections. The election shall be held, canvassed, and	498
certified in the same manner as regular elections for the election	499
of county officers.	500

(C) Notice of the election shall be published in one or more	501
newspapers that, in the aggregate, are of general circulation in	502
the political subdivision that is proposed to be withdrawn from	503
the sanitary district. The notice of the election shall be	504
published once a week for two consecutive weeks prior to the	505
election. If an applicable board of elections operates and	506
maintains a web site, notice of the election also shall be posted	507
on that web site for thirty days prior to the election. The notice	508
shall state the reason for the withdrawal of the political	509
subdivision from the sanitary district and the time and place of	510
the election.	511

(D) The form of the ballot cast at the election shall be as	512
follows:	513

"Shall the .......... (name of the political subdivision) be	514
withdrawn from the .......... (name of sanitary district)?	515

		For the withdrawal			516
		Against the withdrawal	"		517

(E) If a majority of the electors voting on the question of	518
withdrawing the political subdivision from the sanitary district	519
vote in favor of the withdrawal, the court shall declare the	520
political subdivision withdrawn from the sanitary district. The	521
withdrawal shall take effect one year after the electors vote in	522
favor of the withdrawal. The court shall conclude the affairs of	523
the political subdivision with regard to the sanitary district.	524
For that purpose, all the claims, demands, or interests of	525
creditors or claimants shall be determined as of the day on which	526
the court declares the political subdivision withdrawn from the	527
sanitary district.	528

(F) Whether the withdrawal of a political subdivision from a	529
sanitary district is approved or not approved in an election that	530
is held under this section, the court may charge the political	531
subdivision for any applicable election costs that the court	532
incurs under section 3501.17 of the Revised Code.	533

(G) If a political subdivision withdraws from a sanitary	534
district that is organized wholly for the reduction of populations	535
of biting arthropods under this section and the sanitary district	536
then consists of only one political subdivision, the requirement	537
in section 6115.051 of the Revised Code that the territory in such	538
a sanitary district include two or more political subdivisions or	539
portions thereof does not apply to that sanitary district.	540

Sec. 6115.095. (A) If the board of directors of a sanitary	541
district that is organized wholly for the reduction of populations	542
of biting arthropods receives a petition for the dissolution of	543
the sanitary district, signed by the lesser of five hundred	544
registered voters or ten per cent of the electors who voted for	545
the office of governor within the political subdivision in the	546
most recent gubernatorial election in each political subdivision	547
that has territory that is included in the sanitary district, the	548
board shall file the petition in the office of the clerk of the	549
court.	550

(B) The petition shall set forth the reason for the	551
dissolution of the sanitary district and shall request the	552
dissolution of the sanitary district.	553

(C) No petition with the requisite signatures shall be	554
declared void because of alleged defects, but the court at any	555
time may permit the petition to be amended in form and substance	556
to conform to the facts by correcting any errors in the	557
description of the territory or in any other particular. Several	558
similar petitions or duplicate copies of the same petition for the	559
dissolution of the sanitary district may be filed and shall	560
together be regarded as one petition. All such petitions that are	561
filed prior to the election on the petition shall be considered by	562
the court as though they had been filed with the first petition	563
placed on file.	564

(D) After receiving the petition with the requisite number of	565
signatures, the court shall submit the names and signatures of the	566
petitioners to the appropriate boards of elections of the counties	567
in which the petitioners reside for verification of the petition	568
signatures. The boards of elections shall notify the court of the	569
sufficiency or insufficiency of the petition. If the petition	570
contains a sufficient number of valid signatures, the court shall	571
follow the procedures established in section 6115.096 of the	572
Revised Code.	573

Sec. 6115.096. (A) If the applicable boards of elections	574
notify the court that a petition to dissolve a sanitary district	575
that is organized wholly for the reduction of populations of	576
biting arthropods contains a sufficient number of valid signatures	577
as provided in section 6115.095 of the Revised Code, the court	578
shall submit the question of whether such a sanitary district	579
shall be dissolved to the electors residing in the sanitary	580
district.	581

(B) The court shall certify a copy of the court order	582
proposing to dissolve the sanitary district to the board of	583
elections of each county in which any territory of the sanitary	584
district is located. The board of elections of each such county	585
shall make the necessary arrangements for the submission of the	586
question to the electors of the proposed dissolution of the	587
sanitary district on the day specified in the order and occurring	588
not less than seventy-five days after the order is certified to	589
the board of elections. The election shall be held, canvassed, and	590
certified in the same manner as regular elections for the election	591
of county officers.	592

(C) Notice of the election shall be published in one or more	593
newspapers that, in the aggregate, are of general circulation in	594
the sanitary district. The notice of the election shall be	595
published once a week for two consecutive weeks prior to the	596
election. If an applicable board of elections operates and	597
maintains a web site, notice of the election also shall be posted	598
on that web site for thirty days prior to the election. The notice	599
shall state the reason for the dissolution of the sanitary	600
district and the time and place of the election.	601

(D) The form of the ballot cast at the election shall be as	602
follows:	603

"Shall the .......... (name of sanitary district) be	604
dissolved?	605

606

		For the dissolution			607
		Against the dissolution	"		608

609

(E) If a majority of the electors voting on the question of	610
dissolving the sanitary district vote in favor of the dissolution,	611
the court shall declare the sanitary district dissolved. The	612
dissolution shall take effect one year after the electors vote in	613
favor of the dissolution. The court shall conclude the affairs of	614
the sanitary district. For that purpose, all the claims, demands,	615
or interests of creditors or claimants shall be determined as of	616
the day on which the court declares the sanitary district	617
dissolved.	618

(F) Whether the dissolution of a sanitary district is	619
approved or not approved in an election that is held under this	620
section, the court may charge the sanitary district for any	621
applicable election costs that the court incurs under section	622
3501.17 of the Revised Code.	623

Sec. 6115.16. Upon its qualification, the board of directors	624
of a sanitary district shall prepare a plan for the improvement	625
for which the district was created. The plan shall include such	626
maps, profiles, plans, and other data and descriptions as are	627
necessary to set forth properly the location and character of the	628
work, and of the property benefited or taken or damaged, with	629
estimates of cost. In the case of a district organized wholly or	630
partly for the reduction of populations of biting arthropods, the	631
plan is sufficient if it includes a description, in general terms,	632
of the methods of reducing such populations to be utilized, and it	633
shall not be necessary to indicate in the plan the particular	634
parcels of land in the district where the physical structures,	635
devices, or improvements incident to the reduction of such	636
populations are to be constructed or where the labor incident to	637
the reduction of biting arthropod populations will be employed.	638

In the preparation of the plan, the board may recognize the	639
necessity of future extensions and enlargements that may result	640
from enlargements of the area of the district, in order that the	641
district improvements may be designed to meet properly the	642
increased demands. The plan for a water supply for domestic,	643
municipal, and public use shall be prepared with recognition of an	644
equitable apportionment of the available supply to each political	645
subdivision within the district. If the purposes for which the	646
district was established include both improved sanitation and	647
improved water supply, a plan shall be prepared for each purpose.	648

If the board finds that any former survey made by any other	649
district or in any other manner is useful for the purposes of the	650
district, the board may take over the data secured by such survey,	651
or such other proceedings as isare useful to it, and may pay	652
therefor an amount equal to the value of such data to the	653
district.	654

Upon the completion of the plan, the board shall submit it to	655
the environmental protection agency for approval. In deciding	656
whether to approve or reject the plan, the agency shall consider,	657
among other factors, the protection of the public health, and	658
compliance with air and water quality standards and regulations	659
and solid waste disposal requirements. If the agency rejects the	660
plan, the board shall proceed as in the first instance under this	661
section to prepare another plan. If the agency refers the plan to	662
the board for amendment, the board shall prepare and submit an	663
amended plan to the agency. If the agency approves the plan, a	664
copy of the action of the agency shall be filed with the secretary	665
of the district and by ~~him~~the secretary incorporated into the	666
records of the district.	667

Upon the approval of the plan by the agency, the board shall	668
cause notice by publication to be given in each county of the	669
district of the completion of the plan, and shall permit the	670
inspection of the plan at its office by all persons interested.	671
The notice shall fix the time and place for the hearing of all	672
objections to the plan, which shall be not less than twenty nor	673
more than thirty days after the last publication of the notice.	674
All objections to the plan shall be in writing and filed with the	675
secretary at ~~his~~the secretary's office not more than ten days	676
after the last publication of the notice. After the hearing before	677
the board, the board shall adopt the plan as the official plan of	678
the district. If any persons object to the official plan, so	679
adopted, then those persons may, within ten days from the adoption	680
of the official plan, file their objections in writing, specifying	681
the features of the plan to which they object, in the original	682
case establishing the district in the office of the clerk of the	683
court, who shall fix a day for the hearing of the objections	684
before the court, which shall be not less than twenty nor more	685
than thirty days after the time fixed for filing objections, at	686
which time the judges, sitting as a court as provided in section	687
6115.08 or 6115.081 of the Revised Code, as applicable, for the	688
organization of the district, shall meet at the courthouse of the	689
county where the original case is pending and hear the objections	690
and adopt, reject, or refer back the plan to the board. A majority	691
of the judges shall control. If the court rejects the plan, the	692
board shall proceed as in the first instance under this section to	693
prepare another plan. If the court refers the plan to the board	694
for amendment, then the court shall continue the hearing to a day	695
certain without publication of notice. If the court approves the	696
plan as the official plan of the district, a certified copy of the	697
journal of the court shall be filed with the secretary, and by ~~him~~	698
the secretary incorporated into the records of the district.	699

The official plan may be altered in detail until the	700
assessment roll is filed, and of all the alterations the board of	701
appraisers of the sanitary district shall take notice. After the	702
assessment roll has been filed in court, no alterations of the	703
official plan shall be made except as provided in section 6115.40	704
of the Revised Code.	705

The board of directors of a sanitary district shall have full	706
power and authority to devise, prepare for, execute, maintain, and	707
operate all works or improvements necessary or desirable to	708
complete, maintain, operate, and protect the official plan. It may	709
secure and use ~~men~~personnel and equipment under the supervision	710
of the chief engineer or other agents, or it may let contracts for	711
such works, either as a whole or in parts.	712

Sec. 6115.321. Sections 6115.31 and 6115.32 of the Revised	713
Code do not apply to the proposed inclusion of land in a sanitary	714
district that is organized wholly for the reduction of populations	715
of biting arthropods. Instead, such an inclusion is governed by	716
sections 6115.091 and 6115.092 of the Revised Code.	717

Sec. 6115.46. After the filing of a petition for the	718
organization of a sanitary district, and before the district is	719
organized, the costs of publication and other official costs of	720
the proceedings, other than the costs for an election that is held	721
under section 6115.081, 6115.092, 6115.094, or 6115.096 of the	722
Revised Code, shall be paid out of the general funds of the	723
county in which the petition is pending. Such payment shall be	724
made on the warrant of the county auditor on the order of the	725
court. If the district is organized, such cost shall be repaid to	726
the county out of the first funds received by the district	727
through levying of taxes or assessments or selling of bonds, or	728
the borrowing of money. If the district is not organized, the	729
cost shall be collected from the petitioners or their ~~bondsmen~~	730
bondspersons. Upon the organization of the district, the court	731
shall make an order indicating a preliminary division of the	732
preliminary expenses between the counties included in the	733
district in approximately the proportions of interest of the	734
various counties as estimated by the court. The court shall issue	735
an order to the auditor of each county to issue ~~his~~a warrant	736
upon the county treasurer of ~~his~~the auditor's county to	737
reimburse the county having paid the total cost.	738

Expenses incurred after the organization of the district and	739
prior to the receipt of money by the district from taxes or	740
assessments, bond sales, or otherwise, shall be paid from the	741
general funds of the counties upon the order of the court and upon	742
certification of the clerk of the court of such order specifying	743
the amount and purpose of the levy to the auditor of each county,	744
who shall thereupon at once issue ~~his~~a warrant to the treasurer	745
of ~~his~~the auditor's county, ~~said~~the payments to be made in	746
proportion to the order outlined by the court. Upon receipt of	747
funds by the district from the sale of bonds or by taxation or	748
assessment, the funds so advanced by the counties shall be repaid.	749

As soon as any district has been organized, and a board of	750
directors of the sanitary district has been appointed and	751
qualified, such board may levy upon the property of the district	752
not to exceed three-tenths of a mill on the assessed valuation	753
thereof as a level rate to be used for the purpose of paying	754
expenses of organization, for surveys and plans, and for other	755
incidental expenses ~~which~~that may be necessary up to the time	756
money is received from the sale of bonds or otherwise. This tax	757
shall be certified to the auditors of the various counties and by	758
them to the respective treasurers of their counties. If such items	759
of expense have already been paid in whole or in part from other	760
sources, they may be repaid although the work proposed may have	761
been found impracticable or for other reasons is abandoned. The	762
collection of such tax levy and the procedure relating to the	763
nonpayment of taxes shall conform in all matters to the collection	764
of taxes and assessments for the district. The board may borrow	765
money in any manner provided for in sections 6115.47 and 6115.50	766
of the Revised Code, and may pledge the receipts from such taxes	767
or, in the case of a sanitary district organized for the purpose	768
of providing a water supply, the proceeds of the sale of water	769
pursuant to section 6115.62 of the Revised Code for its repayment,	770
the information collected by the necessary surveys, the appraisal	771
of benefits and damages, and other information and data being of	772
real value and constituting benefits for which the tax may be	773
levied. In case a district is disbanded for any cause before the	774
work is constructed, the data, plans, and estimates ~~which~~that	775
have been secured shall be filed with the clerk of the court	776
before which the district was organized and shall be matters of	777
public record available to any person interested.	778

The procedures and requirements established in this section	779
apply to the expansion of a sanitary district that is organized	780
wholly for the reduction of populations of biting arthropods.	781

Sec. 6115.69. Whenever it is desired to construct	782
improvements wholly within or partly within and partly without any	783
sanitary district, which improvements will affect only a part of	784
~~said~~the district, for the purpose of accomplishing such work,	785
subdistricts may be organized upon petition of the owners of real	786
property within or partly within and partly without the district.	787
Such petition shall fulfill the same requirements concerning the	788
subdistricts as the petition outlined in section 6115.05 of the	789
Revised Code is required to fulfill concerning the organization of	790
the main district, shall be filed with the clerk of the same court	791
of common pleas, and shall be accompanied by a bond as provided	792
for in section 6115.06 of the Revised Code. All proceedings	793
relating to the organization of such subdistricts shall conform in	794
all things to sections 6115.01 to 6115.79~~, inclusive,~~ of the	795
Revised Code, relating to the organization of districts. Whenever	796
the court by its order entered of record decrees such subdistricts	797
to be organized, the clerk of ~~said~~the court shall thereupon give	798
notice of such order to the board of directors of the sanitary	799
district, which shall thereupon act also as the board of directors	800
of the subdistrict. Thereafter, the proceedings in reference to	801
the subdistrict shall in all matters conform to such sections;,	802
except that in appraisal of benefits and damages for the purposes	803
of such subdistricts, in the issuance of bonds, in the levying of	804
assessments or taxes, and in all other matters affecting only the	805
subdistrict, such sections shall apply to this subdistrict as	806
though it were an independent district, and it shall not, in these	807
things, be amalgamated with the main district.	808

The board of directors, board of appraisers, chief engineer,	809
attorney, secretary of the sanitary district, and other officers,	810
agents, and employees of the district shall, so far as it is	811
necessary, serve in the same capacity for such subdistricts, and	812
contracts and agreements between the main district and the	813
subdistrict may be made in the same manner as contracts and	814
agreements between two districts. The distribution of	815
administrative expense between the main district and subdistrict	816
shall be in proportion to the interests involved and the amount of	817
service rendered. Such division shall be made by the board of	818
directors with an appeal to the court establishing the district.	819
This section does not prevent the organization of independent	820
districts for local improvements under other laws within the	821
limits of a district organized under sections 6115.01 to 6115.79,	822
~~inclusive,~~ of the Revised Code, as provided in sections 6115.66	823
and 6115.67 of the Revised Code.	824

This section does not apply to a sanitary district that is	825
organized wholly for the reduction of populations of biting	826
arthropods.	827

Section 2. That existing sections 6115.04, 6115.05, 6115.06,	828
6115.08, 6115.16, 6115.46, and 6115.69 of the Revised Code are	829
hereby repealed.	830