Sec. 6101.10. (A) Except as provided in division (B) of
this | 17 |
section, within thirty days after entering the decree | 18 |
incorporating a conservancy district, the court shall appoint | 19 |
three persons, at least two of whom are residents of counties,
all | 20 |
or part of which are included within the territorial limits
of the | 21 |
district, as a board of directors of the conservancy
district, one | 22 |
for a term of three years, one for a term of five
years, and one | 23 |
for a term of seven years. At the expiration of
their terms of | 24 |
office, appointments shall be made for terms of
five years. The | 25 |
court shall fill any vacancy whichthat may occur on
the board for | 26 |
the unexpired term. | 27 |
(B) Within thirty days after the entering of a decree under | 28 |
section 6101.09 of the Revised Code incorporating a conservancy | 29 |
district that includes all or parts of more than sixteen
counties, | 30 |
the courtpresidents of the boards of county commissioners of the | 31 |
counties all or part of which are included within the territorial | 32 |
limits of the district shall appoint fiveseven persons, each of | 33 |
whom is a
resident of a different county and at least three of | 34 |
whom are
residents of counties all or part of which areis | 35 |
included within
the territorial limits of the district, as a | 36 |
members of the board of directors
of the conservancy district. A | 37 |
majority vote of the presidents of the boards of county | 38 |
commissioners is necessary for appointment of a member of the | 39 |
board of directors of the conservancy district. Of the initial | 40 |
appointments made to
the board, one shall be for a term of two | 41 |
years, two for a term of three years, onetwo for a term
of four | 42 |
years, oneand two for a term of five years, one for a term of
six | 43 |
years, and one for a term of seven years. At the expiration
of | 44 |
their terms of office, appointments shall be made for terms of | 45 |
five years. The courtpresidents of the boards of county | 46 |
commissioners of the counties all or part of which are included | 47 |
within the territorial limits of the district shall fill any | 48 |
vacancy whichthat may occur on
the board for the unexpired term. | 49 |
A member of the board of directors of the conservancy district may | 50 |
be reappointed. | 51 |
(C) Within thirty days after issuing an order under
section | 52 |
6101.30, 6101.70, or 6101.72 of the Revised Code annexing lands to | 53 |
a district or uniting districts and resulting in a district that | 54 |
includes all or parts
of more than sixteen counties, the court | 55 |
shall appoint to thea board of directors two additional members, | 56 |
each of whom is a
resident of a different county and does not | 57 |
reside in the same
county as any member of the existing board, for | 58 |
terms of not more
than five years, provided that the terms of | 59 |
those two members
shall not expire in the same year or in the year | 60 |
in which any
existing member's term expires. At the expiration of | 61 |
their terms
of office, appointments shall be made for terms of | 62 |
five years. In appointing
the two additional members, the court | 63 |
shall ensure
that at least three of the five members of the board | 64 |
are
residents of counties all or part of which are included within | 65 |
the territorial limits of the district. The court shall fill any | 66 |
vacancy which may occur on the board for the unexpired term and, | 67 |
in filling vacancies or making subsequent appointments, shall | 68 |
ensure that all members of the board reside in different
counties | 69 |
for the resulting conservancy district shall be appointed in | 70 |
accordance with division (B) of this section. Upon the appointment | 71 |
of the new board of directors, the prior board of directors of the | 72 |
conservancy district shall terminate, and the new board of | 73 |
directors shall govern and operate the conservancy district. | 74 |
Sec. 6101.101. (A) On and after the effective date of this | 75 |
section and notwithstanding any other section of the Revised Code | 76 |
to the contrary, the board of directors of a conservancy district | 77 |
that is composed of all or parts of more than sixteen counties | 78 |
shall perform all of the functions of the conservancy court | 79 |
established under this chapter for the district except the | 80 |
functions of the court specified in sections 6101.05, 6101.06, | 81 |
6101.061, 6101.07, 6101.08, 6101.09, 6101.10, 6101.11, 6101.181, | 82 |
6101.26, 6101.35, 6101.36, 6101.37, 6101.38, 6101.54, 6101.59, | 83 |
6101.60, 6101.66, 6101.68, 6101.69, 6101.70, 6101.71, 6101.72, | 84 |
6101.73, 6101.74, 6101.76, 6101.77, 6101.78, and 6101.79 of the | 85 |
Revised Code and the function of the court specified in division | 86 |
(D) of sections 6101.48 and 6101.53 of the Revised Code. | 87 |
Sec. 6101.48. After(A) Except as otherwise provided in | 100 |
division (B) of this section, after the conservancy appraisal | 101 |
record as approved by
the court, or that part of it from which no | 102 |
appeal is
pending,
has been filed with the secretary of the | 103 |
conservancy district as
provided in section 6101.37 of the Revised | 104 |
Code, from time
to time, as the affairs of the district demand it, | 105 |
the board of
directors of the conservancy district shall levy on | 106 |
all real
property and on all public corporations, upon which | 107 |
benefits have
been appraised, an assessment of the portion of the | 108 |
benefits that
is found necessary by the board to pay the cost of | 109 |
the execution
of the official plan, including superintendence of | 110 |
construction
and administration, plus one-ninth of that total to | 111 |
be added for
contingencies, but not to exceed in the total of | 112 |
principal the
appraised benefits so adjudicated. | 113 |
The assessment shall be apportioned to and levied on each | 114 |
tract of land or other property and each public corporation in
the | 115 |
district in proportion to the benefits appraised, and not in | 116 |
excess of the benefits appraised. Interest at a rate
not to exceed | 117 |
the rate
provided in section 9.95 of the Revised Code, payable | 118 |
semiannually, shall be included in and added to the
assessment, | 119 |
but the interest shall not be considered as a
part of the cost in | 120 |
determining whether or not the expenses and costs
of making the | 121 |
improvement are equal to or in excess of the
benefits appraised. | 122 |
After the assessment is levied, the board shall report it to | 123 |
the court for confirmation. Upon the entry of the order of the | 124 |
court confirming the assessment, the clerk of the court shall | 125 |
transmit a certified copy of the order to the governing or taxing | 126 |
body of each political subdivision assessed, and the governing or | 127 |
taxing body shall receive and file the order. Thereafter, the | 128 |
board may order the issuance of notes in an amount not exceeding | 129 |
ninety per cent of the assessment in anticipation of the | 130 |
collection of the assessment. | 131 |
After the court has confirmed the assessment, the secretary | 132 |
of the conservancy district, at the expense of the district,
shall | 133 |
prepare an assessment record named
"Conservancy Assessment Record | 134 |
of ....... District." It
shall contain a notation of the items of | 135 |
property
appraised and the public corporations to which benefits | 136 |
have been
appraised, the total amount of benefits appraised | 137 |
against each
item or public corporation, and the total assessment | 138 |
levied
against each item or public corporation. If successive | 139 |
levies
of assessment are made for the execution of the official | 140 |
plan and
the acquisition or construction of improvements, the | 141 |
conservancy
assessment record shall contain suitable notations to | 142 |
show the
number of levies and the amount of each, to the end that | 143 |
the
conservancy assessment record may disclose the aggregate of | 144 |
all
such levies made up to that time. | 145 |
Upon the completion of the conservancy assessment
record, it | 146 |
shall be signed and
certified by the president of the board and by | 147 |
the secretary of
the conservancy district
and placed on file and | 148 |
shall become a permanent
record in the office of the district. | 149 |
After the expiration
of the
thirty-day period for the payment of | 150 |
assessments as provided by section
6101.49 of the Revised Code, a | 151 |
copy of that part of the
conservancy assessment record affecting | 152 |
lands or public
corporations in any county shall be filed with the | 153 |
county auditor
of the county. | 154 |
(2) On and after the effective date of this amendment, the | 174 |
board of directors of a conservancy district that is composed of | 175 |
all or parts of more than sixteen counties shall not levy an | 176 |
assessment on real property that is exempt from taxation unless | 177 |
the owner of the property has specifically requested in writing | 178 |
that the assessment be imposed on the exempt real property. If a | 179 |
board of directors receives such a written request from the owner | 180 |
of real property that is exempt from taxation, the board shall | 181 |
levy and collect the assessment in accordance with the procedures | 182 |
and requirements established in this chapter. | 183 |
Sec. 6101.53. To(A) Except as otherwise provided in | 189 |
division (B) of this section, to maintain, operate, and preserve | 190 |
the
reservoirs, ditches, drains, dams, levies, canals, sewers, | 191 |
pumping stations, treatment and disposal works, or other | 192 |
properties or improvements acquired or made pursuant to this | 193 |
chapter,
to strengthen, repair, and restore the same, when needed, | 194 |
and to
defray the current expenses of the conservancy district, | 195 |
the
board of directors of the district may, upon the
substantial | 196 |
completion of the improvements and on or before
the first day of | 197 |
September in each year thereafter, levy an
assessment upon each | 198 |
tract or parcel of land and upon each public
corporation within | 199 |
the district, subject to assessments under
this chapter, to be | 200 |
known as a conservancy
maintenance
assessment. No assessment shall | 201 |
be made with respect to
works and improvements acquired or | 202 |
constructed for the purpose of
providing a water supply for | 203 |
domestic, industrial, and public use
within the district, when the | 204 |
water supply can be metered or
measured when furnished to persons | 205 |
or public corporations. If
the district, for the benefit of one or | 206 |
more persons or political
subdivisions, provides a water supply | 207 |
that recharges underground
aquifers and thereby replenishes wells | 208 |
or provides a source of
water for new wells, or increases the | 209 |
natural low flow of a
stream used for water supply, or creates an | 210 |
impoundment, in such
a way that the augmented use of water cannot | 211 |
be metered or
measured for individual or public consumption, the | 212 |
board may make
a maintenance assessment against benefited property | 213 |
and public
corporations in the same manner provided in this | 214 |
section
for maintenance of other properties or improvements. | 215 |
The maintenance assessment shall be apportioned upon the | 216 |
basis of the total appraisal of benefits accruing for original
and | 217 |
subsequent construction, shall not exceed one per cent
of the | 218 |
total appraisal of benefits in any one year
unless the court by | 219 |
its order authorizes
an assessment of a larger percentage, shall | 220 |
not be less than two
dollars, and shall be certified to
the county | 221 |
auditor of each county in which lands of the
district
are located | 222 |
in the conservancy assessment record, but in a
separate
column in | 223 |
like manner and at the same time as the annual
installment of the | 224 |
assessment levied under section 6101.48 of the
Revised Code is | 225 |
certified, under the heading
maintenance
assessment. The auditor | 226 |
shall certify the same to the
county
treasurer of the county at | 227 |
the same time that the auditor
certifies the annual installment of | 228 |
the assessments levied under
that section,
and the sum of the | 229 |
levies for any tract or public
corporation
may be certified as a | 230 |
single item. The treasurer shall demand
and collect the | 231 |
maintenance assessment and make return of it,
and shall be liable | 232 |
for the same penalties for failure to do so
as are provided for | 233 |
the annual installment of the assessment
levied under section | 234 |
6101.48 of the Revised Code. | 235 |
To maintain, operate, and preserve the works and
improvements | 242 |
of the district acquired or constructed for the
purpose of | 243 |
providing a water supply, to strengthen, repair, and
restore the | 244 |
same, and to defray the current expenses of the
district for this | 245 |
purpose, the board may impose rates for the
sale of water to | 246 |
public corporations and persons within
the district. The rates to | 247 |
be charged for the water shall be fixed
and adjusted by the board | 248 |
at intervals of not less than one year,
so that the income thus | 249 |
produced will be adequate to provide a
maintenance fund for the | 250 |
purpose of water supply. Contracts for
supplying water to public | 251 |
corporations and persons shall be
entered into before the service | 252 |
is rendered by the
district. Contracts shall specify the maximum | 253 |
quantity of water to be
furnished to the public corporation or | 254 |
person, and the
quantity
shall be fixed so as equitably to | 255 |
distribute the supply.
Preference shall be given to water supply | 256 |
furnished to public
corporations for domestic and public uses. | 257 |
Bills for water
supplied to public corporations shall be rendered | 258 |
at regular
intervals and shall be payable from the waterworks fund | 259 |
of the
public corporation or, if it is not sufficient, from the | 260 |
general
fund. | 261 |
(B)(1) On and after the effective date of this amendment, the | 262 |
board of directors of a conservancy district that is composed of | 263 |
all or parts of more than sixteen counties shall not levy a | 264 |
maintenance assessment under this section until after the works or | 265 |
improvements are substantially completed as required in division | 266 |
(A) of this section. In addition, the board shall not levy a | 267 |
maintenance assessment under this section for the maintenance of | 268 |
or improvements to projects that were not previously constructed | 269 |
under the district's official plan. | 270 |
(2) On and after the effective date of this amendment, the | 271 |
board of directors of a conservancy district that is composed of | 272 |
all or parts of more than sixteen counties shall not levy a | 273 |
maintenance assessment on real property that is exempt from | 274 |
taxation unless the owner of the property has specifically | 275 |
requested in writing that the maintenance assessment be imposed on | 276 |
the exempt real property. If a board of directors receives such a | 277 |
written request from the owner of real property that is exempt | 278 |
from taxation, the board shall levy and collect the maintenance | 279 |
assessment in accordance with the procedures and requirements | 280 |
established in this chapter. | 281 |
Sec. 6101.67. Each member of the board of directors of a | 287 |
conservancy district and each member of the board of appraisers
of | 288 |
a conservancy district shall receive a sum established by the | 289 |
court or by the board of directors of a conservancy district | 290 |
composed of all or parts of more than sixteen counties, as | 291 |
applicable, and necessary
expenses for the time actually employed | 292 |
in performing
official duties. The compensation and expenses
shall | 293 |
be paid only
upon itemized statements submitted and certified to | 294 |
by the
individual member. | 295 |
Sec. 6101.70. (A) If two or more conservancy districts
have | 296 |
been organized in a territory whichthat, in the opinion of the | 297 |
board of directors of the conservancy district of any one of the | 298 |
districts, should constitute only one district, the board of any | 299 |
one of the districts may petition the court for an order uniting | 300 |
those districts into a single district. The petition shall be | 301 |
filed in the office of the clerk of the court of common pleas of | 302 |
that county that has the greatest valuation of real property | 303 |
within the districts sought to be included, as shown by the tax | 304 |
duplicates of the respective counties. The petition shall set | 305 |
forth the necessity for the union of the two or more districts
and | 306 |
that the union of the districts would be conducive to the
public | 307 |
health, convenience, safety, or welfare and to the
economical | 308 |
execution of the purposes for which the districts were
organized. | 309 |
Upon receipt of the petition, the clerk shall give
notice by | 310 |
publication or by personal service to the boards of the
districts | 311 |
that it is desired to unite with the district of the
petitioners. | 312 |
The notice shall contain the time and place where
the hearing on | 313 |
the petition will be had and the purpose of the
hearing. The | 314 |
hearing shall be had in accordance with
this chapter as for an | 315 |
original
hearing. If, after the hearing, the court finds that the | 316 |
averments
of the petition are true and that the districts, or any | 317 |
of them,
should be united, it shall so order, and thereafter those | 318 |
districts shall be united into one and proceed as one. The
court | 319 |
shall designate the corporate name of the united district,
and | 320 |
further proceedings shall be taken as provided for in this | 321 |
chapter.
In accordance with division (A) or (B) of section | 322 |
6101.10 of the
Revised Code, as applicable | 323 |
If the united district comprises all or parts of sixteen | 324 |
counties or less, the court shall direct in the order
in | 325 |
accordance with division (A) of section 6101.10 of the Revised | 326 |
Code who shall be the members of the board of the united district, | 327 |
who
shall thereafter have the powers and be subject to
the | 328 |
regulations as are provided for the board in districts
created in | 329 |
the first instance. However, if the united district comprises all | 330 |
or parts of more than sixteen counties, the presidents of the | 331 |
boards of county commissioners of the counties all or part of | 332 |
which are included within the territorial limits of the united | 333 |
district shall appoint the members of the board of the united | 334 |
district in accordance with divisions (B) and (C) of section | 335 |
6101.10 of the Revised Code, who shall thereafter have the powers | 336 |
and be subject to the regulations as are provided for the board in | 337 |
districts created in the first instance. | 338 |
(1) Direct that one or more of the districts described in
the | 347 |
petition be included into another of the districts, which
other | 348 |
district shall continue under its original corporate name
and | 349 |
organization, unless the resulting district includes all or
parts | 350 |
of more than sixteen counties, in which case the court
shall | 351 |
appoint two additional members whose appointments and terms
of | 352 |
office shall comply with the requirements established in
division | 353 |
a new board of directors shall be appointed in accordance with | 354 |
divisions (B) and (C) of section 6101.10 of the Revised Code; | 355 |
(2) Direct that the districts absorbed as described in | 356 |
division (C)(1) of this section shall be represented on the board | 357 |
of the original district, designating what members of the board
of | 358 |
the original district shall be retired from the new board and
what | 359 |
members representing the included districts shall take their | 360 |
places, except that, if the resulting district includes all or | 361 |
parts of more than sixteen counties, the court also shall appoint | 362 |
two additional members whose appointments and terms of office | 363 |
shall comply with the requirements established in divisiona new | 364 |
board of directors shall be appointed in accordance with divisions | 365 |
(B) and (C) of
section 6101.10 of the Revised Code; | 366 |
(D) If the districts sought to be united were organized in | 369 |
different counties, the court to determine the question
involved | 370 |
shall consist of one judge from each of the counties in
the court | 371 |
of which one of the districts was organized, and a
majority shall | 372 |
be necessary to render a decision. From
the decision or from a | 373 |
failure to decide, any interested property
owner may appeal. No | 374 |
action under this section shall interrupt
or delay any proceeding | 375 |
under this chapter, until the questions involved
are finally | 376 |
determined. | 377 |
Section 3. Not later than thirty days after the effective | 380 |
date of this section, the presidents of the boards of county | 381 |
commissioners of the counties all or part of which are included | 382 |
within the territorial limits of an existing conservancy district | 383 |
that includes all or parts of more than sixteen counties shall | 384 |
appoint two additional persons as members of the existing board of | 385 |
directors of the conservancy district. The terms of office of the | 386 |
resulting seven-member board shall be as follows: two years for | 387 |
one of the new additional persons, three years for one of the new | 388 |
additional persons and one existing member, four years for two | 389 |
existing members, and five years for two existing members. Each | 390 |
member of the board shall be a resident of a county all or part of | 391 |
which is included within the territorial limits of the district. | 392 |
The procedures and requirements established in division (B) of | 393 |
section 6101.10 of the Revised Code, as amended by this act, shall | 394 |
govern the filling of vacancies, terms of office of future | 395 |
appointments, reappointments, and other appointment matters. | 396 |