As Reported by the Senate Environment and Natural Resources Committee

127th General Assembly Regular Session 2007-2008

S. B. No. 292

Senator Roberts 

Cosponsor: Senator Miller, D. 

---

A BILL

To amend section 1515.29 and to enact section

1

6137.112 of the Revised Code to allow a board of

2

county commissioners to adjust the permanent base

3

of a ditch improvement that is used for

4

maintenance fund assessments and to allow a board

5

to use certain ditch maintenance procedures to

6

maintain soil and water conservation district

7

improvements.

8

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

Section 1. That section 1515.29 be amended and section	9
6137.112 of the Revised Code be enacted to read as follows:	10

Sec. 1515.29.  The board of county commissioners, or, if a	11
joint board of county commissioners has been created under section	12
1515.22 of the Revised Code, the joint board, shall maintain the	13
works of improvement constructed by the board for a soil and water	14
conservation district,. For that purpose, the board or joint board	15
may use procedures and requirements established in sections	16
6137.08 to 6137.14 of the Revised Code and may contract with or	17
authorize the supervisors or joint board of supervisors of a soil	18
and water conservation district to perform maintenance of such	19
works of improvement.	20

Sec. 6137.112.  At the time that the board of county	21
commissioners reviews the permanent base of an improvement for	22
maintenance fund assessments after six annual maintenance fund	23
assessments have been made as provided in section 6137.11 of the	24
Revised Code, the board may request the county engineer to	25
estimate the construction cost of the improvement if that	26
improvement were to be constructed at the time of the permanent	27
base review. The board of county commissioners, by resolution, may	28
approve the estimate as the construction cost of the improvement	29
in lieu of the original construction cost of the improvement. If	30
approved, the estimate of construction cost shall be the permanent	31
base that is used to calculate maintenance fund assessments for	32
owners benefiting from the improvement. The approved estimate of	33
construction cost shall serve as the permanent base for the	34
purposes of this chapter until such time as it is revised in	35
accordance with this section.	36

Section 2. That existing section 1515.29 of the Revised Code	37
is hereby repealed.	38