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 |
(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 |
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 saidthe | 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 saidthe 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 saidthe public corporation to sign such a petition. Such a | 74 |
petition may also be signed by railroads and other corporations | 75 |
owning lands. | 76 |
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 whichthat 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 saidthe | 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. SaidThe 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. SaidThe 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. SaidThe 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 |
SaidThe 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 |
saidthe petition shall be considered by the
court as though they | 118 |
had been filed with the first petition
placed on file. | 119 |
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 |
(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 |
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 saidthe district shall, on | 193 |
or
before the date set for the cause to be heard, file histhe | 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 |
subservedserved 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 |
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 saidthe decree | 234 |
declaring such district organized. The organization of saidthe | 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 |
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 |
(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 |
(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 |
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 |
(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 |
(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 |
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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
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 |
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 himthe 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 histhe 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 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 menpersonnel 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. 6115.46. 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
hisa warrant | 736 |
upon the county
treasurer of histhe 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 hisa warrant to
the
treasurer | 745 |
of histhe auditor's county, saidthe 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 whichthat 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
whichthat | 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 |
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 |
saidthe 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 saidthe 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 |