Section 1. That sections 6115.04, 6115.05, 6115.06, 6115.08, | 10 |
6115.16, 6115.21, 6115.22, 6115.33, 6115.40, 6115.43, 6115.45, | 11 |
6115.46, 6115.47, and 6115.69 be amended and sections 6115.051, | 12 |
6115.081, 6115.082, 6115.091, 6115.092, 6115.093, 6115.094, | 13 |
6115.095, 6115.096, and 6115.321 of the Revised Code be enacted to | 14 |
read as follows: | 15 |
Sec. 6115.04. The court of common pleas of any county in | 16 |
this state, when the conditions stated in section 6115.05 or | 17 |
6115.051 of the Revised Code, as applicable, are found to exist, | 18 |
may establish sanitary districts within the county in which the | 19 |
court is located. Districts partly within and partly without such | 20 |
county may also be established by a court comprised of one judge | 21 |
of the court of common pleas from each county having area within | 22 |
the district, as provided in section 6115.08 or 6115.081 of the | 23 |
Revised Code, as applicable. | 24 |
If there are but two judges who sit as a court under this | 25 |
section, and the judges are unable to agree as to the | 26 |
establishment of such district or upon any other question left for | 27 |
their decision, then a third judge from a disinterested county | 28 |
shall be appointed by the chief justice of the supreme court, | 29 |
which judge shall sit with the other two judges, and the decisions | 30 |
of a majority of the judges shall be final. Compensation for such | 31 |
judge shall be fixed by the chief justice. | 32 |
(E) To provide a water supply for domestic, municipal, and | 41 |
public use within the district, and incident to those purposes and | 42 |
to enable their accomplishment to construct reservoirs, trunk | 43 |
sewers, intercepting sewers, siphons, pumping stations, wells, | 44 |
intakes, pipe lines, purification works, and treatment and | 45 |
disposal works, to maintain, operate, and repair the same, to | 46 |
acquire additional water supplies by purchase, and to do all other | 47 |
things necessary for the fulfillment of the purposes of sections | 48 |
6115.01 to 6115.79 of the Revised Code; | 49 |
(F) To reduce populations of biting arthropods and abate | 50 |
their breeding places, and incident to those purposes to purchase | 51 |
supplies, materials, and equipment, to employ technicians and | 52 |
laborers, to build, construct, maintain, and repair such | 53 |
structures, devices, and improvements, to conduct studies and | 54 |
surveys of the populations of biting arthropods and of the | 55 |
incidence or spread within or among human or animal populations of | 56 |
diseases transmitted by biting arthropods, and to do such other | 57 |
things as are necessary or desirable to accomplish those purposes; | 58 |
Sec. 6115.05. Before any court establishes a sanitary | 62 |
district as outlined in section 6115.04 of the Revised Code, a | 63 |
petition shall be filed in the office of the clerk of saidthe | 64 |
court, signed by five hundred freeholders, or by a majority of the | 65 |
freeholders, or by the owners of more than half of the property, | 66 |
in either acreage or value, within the limits of the territory | 67 |
proposed to be organized into a district. Such a petition may be | 68 |
signed by the governing body of any public corporation lying | 69 |
wholly or partly within the proposed district, in such manner as | 70 |
it prescribes, and when so signed by such governing body such a | 71 |
petition on the part of saidthe governing body shall fill all the | 72 |
requirements of representation upon such petition of the | 73 |
freeholders of such public corporation, as they appear upon the | 74 |
tax duplicate; and thereafter it is not necessary for individuals | 75 |
within saidthe public corporation to sign such a petition. Such a | 76 |
petition may also be signed by railroads and other corporations | 77 |
owning lands. | 78 |
The petition for the establishment of a district to provide a | 84 |
water supply for domestic, municipal, and public use shall be | 85 |
signed by the governing body of each municipal corporation, or | 86 |
part thereof included in the proposed district, or by a majority | 87 |
of the freeholders of political subdivisions or parts thereof | 88 |
included in the proposed district and lying outside municipal | 89 |
corporations, and shall also be signed by the public service | 90 |
corporation whichthat may be supplying water to the inhabitants | 91 |
of such political subdivisions under franchise granted by the | 92 |
governing bodies thereof. | 93 |
The petition shall set forth the proposed name of saidthe | 94 |
district, the necessity for the proposed work and that it will be | 95 |
conducive to the public health, safety, comfort, convenience, or | 96 |
welfare, and a general description of the purpose of the | 97 |
contemplated improvement, and of the territory to be included in | 98 |
the proposed district. SaidThe description need not be given by | 99 |
metes and bounds or by legal subdivisions, but it is sufficient if | 100 |
a generally accurate description is given of the territory to be | 101 |
organized as a district. SaidThe territory shall include two or | 102 |
more political subdivisions or portions thereof, and, except as a | 103 |
subdistrict provided for by section 6115.69 of the Revised Code, | 104 |
shall not be included wholly within the limits of a single | 105 |
municipal corporation. SaidThe territory need not be contiguous, | 106 |
provided that it is so situated that the public health, safety, | 107 |
comfort, convenience, or welfare will be promoted by the | 108 |
organization as a single district of the territory described. | 109 |
SaidThe petition shall pray for the organization of the district | 110 |
by the name proposed. | 111 |
No petition with the requisite signatures shall be declared | 112 |
void because of alleged defects, but the court may at any time | 113 |
permit the petition to be amended in form and substance to conform | 114 |
to the facts by correcting any errors in the description of the | 115 |
territory, or in any other particular. Several similar petitions | 116 |
or duplicate copies of the same petition for the organization of | 117 |
the same district may be filed and shall together be regarded as | 118 |
one petition. All such petitions filed prior to the hearing on | 119 |
saidthe petition shall be considered by the court as though they | 120 |
had been filed with the first petition placed on file. | 121 |
Sec. 6115.051. (A) Before a court establishes a sanitary | 130 |
district that is to be organized wholly for the reduction of | 131 |
populations of biting arthropods as outlined in section 6115.04 of | 132 |
the Revised Code, a petition shall be filed in the office of the | 133 |
clerk of the court, signed by the lesser of five hundred | 134 |
registered voters or ten per cent of the electors who voted for | 135 |
the office of governor within the political subdivision in the | 136 |
most recent gubernatorial election in each political subdivision | 137 |
in which any portion of the sanitary district is proposed to be | 138 |
located. | 139 |
(B)(1) The petition shall set forth the proposed name of the | 140 |
sanitary district, the purpose for the creation of the sanitary | 141 |
district, and a general description of the territory to be | 142 |
included in the proposed sanitary district. The description need | 143 |
not be given by metes and bounds or by legal subdivisions, but it | 144 |
is sufficient if a generally accurate description is given of the | 145 |
territory to be organized as a sanitary district. The territory | 146 |
shall include two or more political subdivisions or portions | 147 |
thereof and shall not be included wholly within the limits of a | 148 |
single municipal corporation. The territory need not be | 149 |
contiguous, provided that it is so situated that the public | 150 |
health, safety, comfort, convenience, or welfare will be promoted | 151 |
by the organization as a single sanitary district of the territory | 152 |
described. | 153 |
(C) No petition with the requisite signatures shall be | 156 |
declared void because of alleged defects, but the court at any | 157 |
time may permit the petition to be amended in form and substance | 158 |
to conform to the facts by correcting any errors in the | 159 |
description of the territory or in any other particular. Several | 160 |
similar petitions or duplicate copies of the same petition for the | 161 |
organization of the same sanitary district may be filed and shall | 162 |
together be regarded as one petition. All such petitions that are | 163 |
filed prior to the election on the petition shall be considered by | 164 |
the court as though they had been filed with the first petition | 165 |
placed on file. | 166 |
(D) After receiving the petition with the requisite number of | 167 |
signatures, the court shall submit the names and signatures of the | 168 |
petitioners to the appropriate boards of elections of the counties | 169 |
in which the petitioners reside for verification of the petition | 170 |
signatures. The boards of elections shall notify the court of the | 171 |
sufficiency or insufficiency of the petition. If the petition | 172 |
contains a sufficient number of valid signatures, the court shall | 173 |
follow the procedures established in section 6115.081 of the | 174 |
Revised Code. | 175 |
Sec. 6115.06. At the time of filing the petition provided | 176 |
for in section 6115.05 of the Revised Code, or at any time | 177 |
subsequent thereto and prior to the time of the hearing on said | 178 |
the petition, a bond shall be filed, with security approved by the | 179 |
court, sufficient to pay all the expenses connected with the | 180 |
proceedings in case the court refuses to organize the sanitary | 181 |
district. If at any time during the proceeding the court is | 182 |
satisfied that the bond first executed is insufficient in amount, | 183 |
it may require the execution of an additional bond within a time | 184 |
to be fixed, which shall be not less than ten days distant, and | 185 |
upon failure of the petitioners to execute such additional bond | 186 |
the petition shall be dismissed. | 187 |
Sec. 6115.08. Any owner of real property in a proposed | 192 |
sanitary district who individually has not signed a petition under | 193 |
section 6115.05 of the Revised Code, and who wishes to object to | 194 |
the organization and incorporation of saidthe district shall, on | 195 |
or before the date set for the cause to be heard, file histhe | 196 |
owner's objections to the organization and incorporation of such | 197 |
district. Such objections shall be limited to a denial of the | 198 |
statements in the petition, and shall be heard by the court as an | 199 |
advanced case without unnecessary delay. | 200 |
Upon the hearing, if it appears that the purposes of sections | 201 |
6115.01 to 6115.79, inclusive, of the Revised Code, would be | 202 |
subservedserved by the creation of a district, the court, after | 203 |
disposing of all objections as justice and equity require, shall | 204 |
by its findings, duly entered of record, adjudicate all questions | 205 |
of jurisdiction, declare the district organized, and give it a | 206 |
corporate name by which in all proceedings it shall thereafter be | 207 |
known. A district so organized shall be a political subdivision of | 208 |
the state and a body corporate with all the powers of a | 209 |
corporation, and shall have perpetual existence, with power to sue | 210 |
and be sued, to incur debts, liabilities, and obligations, to | 211 |
exercise the right of eminent domain and of taxation and | 212 |
assessment as provided in such sections, to issue bonds, and to do | 213 |
all acts necessary and proper for the carrying out of the purposes | 214 |
for which the district was created and for executing the powers | 215 |
with which it is invested. | 216 |
In such decree, the court shall designate the place where the | 217 |
office or principal place of business of the district shall be | 218 |
located, which shall be within the corporate limits of the | 219 |
district if practicable, and which may be changed by order of | 220 |
court. The regular meetings of the board of directors of the | 221 |
district shall be held at such office or place of business, but | 222 |
for cause may be adjourned to any other convenient place. The | 223 |
official records and files of the district shall be kept at the | 224 |
office so established. | 225 |
After an order is entered establishing the district, such | 231 |
order is final and binding upon the real property within the | 232 |
district and finally and conclusively establishes the regular | 233 |
organization of such district against all persons except the state | 234 |
upon suit commenced by the attorney general. Any such suit must | 235 |
shall be commenced within three months after saidthe decree | 236 |
declaring such district organized. The organization of saidthe | 237 |
district shall not be directly or collaterally questioned in any | 238 |
suit, action, or proceeding except as expressly authorized in | 239 |
sections 6115.01 to 6115.79, inclusive, of the Revised Code. | 240 |
This section does not apply to a sanitary district that is | 248 |
proposed to be organized wholly for the reduction of populations | 249 |
of biting arthropods unless the board of health of a health | 250 |
district having jurisdiction within the territory in which the | 251 |
sanitary district is proposed to be located issues an order under | 252 |
section 3709.20 or 3709.21 of the Revised Code, as applicable, | 253 |
declaring a health emergency that requires the reduction of | 254 |
populations of biting arthropods. Even if such an order is issued, | 255 |
such a sanitary district does not have the power to exercise the | 256 |
right of eminent domain and of taxation under this section. | 257 |
(B) The court shall certify a copy of the court order | 265 |
proposing to create the sanitary district to the board of | 266 |
elections of each county in which any territory of the proposed | 267 |
sanitary district is located. The board of elections of each such | 268 |
county shall make the necessary arrangements for the submission of | 269 |
the question to the electors of the proposed sanitary district on | 270 |
the day specified in the order and occurring not less than | 271 |
seventy-five days after the order is certified to the board of | 272 |
elections. The election shall be held, canvassed, and certified in | 273 |
the same manner as regular elections for the election of county | 274 |
officers. | 275 |
(C) Notice of the election shall be published in one or more | 276 |
newspapers that, in the aggregate, are of general circulation in | 277 |
the territory of the proposed sanitary district. The notice of the | 278 |
election shall be published once a week for two consecutive weeks | 279 |
prior to the election. If an applicable board of elections | 280 |
operates and maintains a web site, notice of the election also | 281 |
shall be posted on that web site for thirty days prior to the | 282 |
election. The notice shall state the purpose for the creation of | 283 |
the sanitary district and the time and place of the election. | 284 |
(E)(1) If a majority of the electors voting on the question | 295 |
of creating the sanitary district vote in favor of the creation, | 296 |
the court shall declare the sanitary district organized and give | 297 |
it a corporate name by which it shall thereafter be known in all | 298 |
proceedings. A sanitary district so organized is a political | 299 |
subdivision of the state and a body corporate with all the powers | 300 |
of a corporation and shall have perpetual existence, with power to | 301 |
sue and be sued, to incur debts, liabilities, and obligations, to | 302 |
exercise the right of assessment as provided in this chapter, to | 303 |
issue bonds, and to perform all acts that are necessary and proper | 304 |
for carrying out the purposes for which the sanitary district was | 305 |
created and for executing the powers with which it is invested. A | 306 |
sanitary district that is organized wholly for the reduction of | 307 |
populations of biting arthropods does not have the power to levy a | 308 |
property tax or to exercise the right of eminent domain under this | 309 |
chapter. | 310 |
(2) In its decree, the court shall designate the place where | 311 |
the office or principal place of business of the sanitary district | 312 |
shall be located, which shall be within the corporate limits of | 313 |
the sanitary district if practicable and which may be changed by | 314 |
order of the court. The regular meetings of the board of directors | 315 |
of the sanitary district shall be held at that office or place of | 316 |
business, but for cause may be adjourned to any other convenient | 317 |
place. The official records and files of the sanitary district | 318 |
shall be kept at the office so established. | 319 |
Sec. 6115.082. At the time of filing the petition provided | 333 |
for in section 6115.051 of the Revised Code, or at any time | 334 |
subsequent to the filing and prior to the election on the | 335 |
petition, a bond shall be filed, with security approved by the | 336 |
court, sufficient to pay all of the expenses connected with the | 337 |
proceedings in case the electors voting on the question of | 338 |
creating a sanitary district in accordance with section 6115.081 | 339 |
of the Revised Code vote against the creation of the sanitary | 340 |
district. If at any time during the proceeding the court is | 341 |
satisfied that the bond first executed is insufficient in amount, | 342 |
it may require the execution of an additional bond within a time | 343 |
to be fixed, which shall be not less than ten days distant, and | 344 |
upon failure of the petitioners to execute the additional bond, | 345 |
the petition shall be dismissed. | 346 |
Sec. 6115.091. (A) If the board of directors of a sanitary | 347 |
district that is organized wholly for the reduction of populations | 348 |
of biting arthropods wishes to expand the sanitary district beyond | 349 |
its existing territory, the board shall file a petition in the | 350 |
office of the clerk of the court, signed by the lesser of five | 351 |
hundred registered voters or ten per cent of the electors who | 352 |
voted for the office of governor within the political subdivision | 353 |
in the most recent gubernatorial election in each political | 354 |
subdivision in which any portion of the sanitary district is | 355 |
located and in each political subdivision in which any territory | 356 |
is located that is proposed to be included in the sanitary | 357 |
district by expansion. | 358 |
(B)(1) The petition shall set forth the reason for the | 359 |
expansion of the sanitary district and a general description of | 360 |
the territory that is proposed to be included in the sanitary | 361 |
district. The description need not be given by metes and bounds or | 362 |
by legal subdivisions, but it is sufficient if a generally | 363 |
accurate description is given of the territory that is proposed to | 364 |
be included in the sanitary district. The territory in the | 365 |
proposed expansion need not be contiguous to the territory that is | 366 |
located in the sanitary district, provided that the expanded | 367 |
territory is so situated that the public health, safety, comfort, | 368 |
convenience, or welfare will be promoted by the inclusion of the | 369 |
territory described. | 370 |
(C) No petition with the requisite signatures shall be | 373 |
declared void because of alleged defects, but the court at any | 374 |
time may permit the petition to be amended in form and substance | 375 |
to conform to the facts by correcting any errors in the | 376 |
description of the territory or in any other particular. Several | 377 |
similar petitions or duplicate copies of the same petition for the | 378 |
expansion of the sanitary district may be filed and shall together | 379 |
be regarded as one petition. All such petitions that are filed | 380 |
prior to the election on the petition shall be considered by the | 381 |
court as though they had been filed with the first petition placed | 382 |
on file. | 383 |
(D) After receiving the petition with the requisite number of | 384 |
signatures, the court shall submit the names and signatures of the | 385 |
petitioners to the appropriate boards of elections of the counties | 386 |
in which the petitioners reside for verification of the petition | 387 |
signatures. The boards of elections shall notify the court of the | 388 |
sufficiency or insufficiency of the petition. If the petition | 389 |
contains a sufficient number of valid signatures, the court shall | 390 |
follow the procedures established in section 6115.092 of the | 391 |
Revised Code. | 392 |
(B) The court shall certify a copy of the court order | 400 |
proposing to expand the sanitary district to the board of | 401 |
elections of each county in which any territory that is included | 402 |
in the sanitary district or that is proposed to be included in the | 403 |
sanitary district is located. The board of elections of each such | 404 |
county shall make the necessary arrangements for the submission of | 405 |
the question to the electors of the sanitary district or of the | 406 |
proposed expansion of the sanitary district, as applicable, on the | 407 |
day specified in the order and occurring not less than | 408 |
seventy-five days after the order is certified to the board of | 409 |
elections. The election shall be held, canvassed, and certified in | 410 |
the same manner as regular elections for the election of county | 411 |
officers. | 412 |
(C) Notice of the election shall be published in one or more | 413 |
newspapers that, in the aggregate, are of general circulation in | 414 |
the sanitary district and in the territory that is proposed to be | 415 |
included in the sanitary district. The notice of the election | 416 |
shall be published once a week for two consecutive weeks prior to | 417 |
the election. If an applicable board of elections operates and | 418 |
maintains a web site, notice of the election also shall be posted | 419 |
on that web site for thirty days prior to the election. The notice | 420 |
shall state the purpose for the expansion of the sanitary district | 421 |
and the time and place of the election. | 422 |
Sec. 6115.093. (A) If the board of directors of a sanitary | 439 |
district that is organized wholly for the reduction of populations | 440 |
of biting arthropods receives a petition for the withdrawal of a | 441 |
political subdivision from the sanitary district, signed by the | 442 |
lesser of five hundred registered voters or ten per cent of the | 443 |
electors who voted for the office of governor within the political | 444 |
subdivision in the most recent gubernatorial election in the | 445 |
political subdivision, the board shall file the petition in the | 446 |
office of the clerk of the court. | 447 |
(C) No petition with the requisite signatures shall be | 452 |
declared void because of alleged defects, but the court at any | 453 |
time may permit the petition to be amended in form and substance | 454 |
to conform to the facts by correcting any errors in the | 455 |
description of the territory or in any other particular. Several | 456 |
similar petitions or duplicate copies of the same petition for the | 457 |
withdrawal of a political subdivision from the sanitary district | 458 |
may be filed and shall together be regarded as one petition. All | 459 |
such petitions that are filed prior to the election on the | 460 |
petition shall be considered by the court as though they had been | 461 |
filed with the first petition placed on file. | 462 |
(D) After receiving the petition with the requisite number of | 463 |
signatures, the court shall submit the names and signatures of the | 464 |
petitioners to the appropriate boards of elections of the counties | 465 |
in which the petitioners reside for verification of the petition | 466 |
signatures. The boards of elections shall notify the court of the | 467 |
sufficiency or insufficiency of the petition. If the petition | 468 |
contains a sufficient number of valid signatures, the court shall | 469 |
follow the procedures established in section 6115.094 of the | 470 |
Revised Code. | 471 |
Sec. 6115.094. (A) If the applicable boards of elections | 472 |
notify the court that a petition to withdraw a political | 473 |
subdivision from a sanitary district that is organized wholly for | 474 |
the reduction of populations of biting arthropods contains a | 475 |
sufficient number of valid signatures as provided in section | 476 |
6115.093 of the Revised Code, the court shall submit the question | 477 |
of whether the political subdivision shall withdraw from the | 478 |
sanitary district to the electors residing in the political | 479 |
subdivision. | 480 |
(B) The court shall certify a copy of the court order | 481 |
proposing the withdrawal of the political subdivision from the | 482 |
sanitary district to the board of elections of each county in | 483 |
which any territory of the political subdivision is located. The | 484 |
board of elections of each such county shall make the necessary | 485 |
arrangements for the submission of the question to the electors of | 486 |
the proposed withdrawal of the political subdivision from the | 487 |
sanitary district on the day specified in the order and occurring | 488 |
not less than seventy-five days after the order is certified to | 489 |
the board of elections. The election shall be held, canvassed, and | 490 |
certified in the same manner as regular elections for the election | 491 |
of county officers. | 492 |
(C) Notice of the election shall be published in one or more | 493 |
newspapers that, in the aggregate, are of general circulation in | 494 |
the political subdivision that is proposed to be withdrawn from | 495 |
the sanitary district. The notice of the election shall be | 496 |
published once a week for two consecutive weeks prior to the | 497 |
election. If an applicable board of elections operates and | 498 |
maintains a web site, notice of the election also shall be posted | 499 |
on that web site for thirty days prior to the election. The notice | 500 |
shall state the reason for the withdrawal of the political | 501 |
subdivision from the sanitary district and the time and place of | 502 |
the election. | 503 |
(E) If a majority of the electors voting on the question of | 510 |
withdrawing the political subdivision from the sanitary district | 511 |
vote in favor of the withdrawal, the court shall declare the | 512 |
political subdivision withdrawn from the sanitary district. The | 513 |
withdrawal shall take effect one year after the electors vote in | 514 |
favor of the withdrawal. The court shall conclude the affairs of | 515 |
the political subdivision with regard to the sanitary district. | 516 |
For that purpose, all the claims, demands, or interests of | 517 |
creditors or claimants shall be determined as of the day on which | 518 |
the court declares the political subdivision withdrawn from the | 519 |
sanitary district. | 520 |
Sec. 6115.095. (A) If the board of directors of a sanitary | 528 |
district that is organized wholly for the reduction of populations | 529 |
of biting arthropods receives a petition for the dissolution of | 530 |
the sanitary district, signed by the lesser of five hundred | 531 |
registered voters or ten per cent of the electors who voted for | 532 |
the office of governor within the political subdivision in the | 533 |
most recent gubernatorial election in each political subdivision | 534 |
that has territory that is included in the sanitary district, the | 535 |
board shall file the petition in the office of the clerk of the | 536 |
court. | 537 |
(C) No petition with the requisite signatures shall be | 541 |
declared void because of alleged defects, but the court at any | 542 |
time may permit the petition to be amended in form and substance | 543 |
to conform to the facts by correcting any errors in the | 544 |
description of the territory or in any other particular. Several | 545 |
similar petitions or duplicate copies of the same petition for the | 546 |
dissolution of the sanitary district may be filed and shall | 547 |
together be regarded as one petition. All such petitions that are | 548 |
filed prior to the election on the petition shall be considered by | 549 |
the court as though they had been filed with the first petition | 550 |
placed on file. | 551 |
(D) After receiving the petition with the requisite number of | 552 |
signatures, the court shall submit the names and signatures of the | 553 |
petitioners to the appropriate boards of elections of the counties | 554 |
in which the petitioners reside for verification of the petition | 555 |
signatures. The boards of elections shall notify the court of the | 556 |
sufficiency or insufficiency of the petition. If the petition | 557 |
contains a sufficient number of valid signatures, the court shall | 558 |
follow the procedures established in section 6115.096 of the | 559 |
Revised Code. | 560 |
(B) The court shall certify a copy of the court order | 569 |
proposing to dissolve the sanitary district to the board of | 570 |
elections of each county in which any territory of the sanitary | 571 |
district is located. The board of elections of each such county | 572 |
shall make the necessary arrangements for the submission of the | 573 |
question to the electors of the proposed dissolution of the | 574 |
sanitary district on the day specified in the order and occurring | 575 |
not less than seventy-five days after the order is certified to | 576 |
the board of elections. The election shall be held, canvassed, and | 577 |
certified in the same manner as regular elections for the election | 578 |
of county officers. | 579 |
(C) Notice of the election shall be published in one or more | 580 |
newspapers that, in the aggregate, are of general circulation in | 581 |
the sanitary district. The notice of the election shall be | 582 |
published once a week for two consecutive weeks prior to the | 583 |
election. If an applicable board of elections operates and | 584 |
maintains a web site, notice of the election also shall be posted | 585 |
on that web site for thirty days prior to the election. The notice | 586 |
shall state the reason for the dissolution of the sanitary | 587 |
district and the time and place of the election. | 588 |
(E) If a majority of the electors voting on the question of | 597 |
dissolving the sanitary district vote in favor of the dissolution, | 598 |
the court shall declare the sanitary district dissolved. The | 599 |
dissolution shall take effect one year after the electors vote in | 600 |
favor of the dissolution. The court shall conclude the affairs of | 601 |
the sanitary district. For that purpose, all the claims, demands, | 602 |
or interests of creditors or claimants shall be determined as of | 603 |
the day on which the court declares the sanitary district | 604 |
dissolved. | 605 |
Sec. 6115.16. Upon its qualification, the board of directors | 606 |
of a sanitary district shall prepare a plan for the improvement | 607 |
for which the district was created. The plan shall include such | 608 |
maps, profiles, plans, and other data and descriptions as are | 609 |
necessary to set forth properly the location and character of the | 610 |
work, and of the property benefited or taken or damaged, with | 611 |
estimates of cost. In the case of a district organized wholly or | 612 |
partly for the reduction of populations of biting arthropods, the | 613 |
plan is sufficient if it includes a description, in general terms, | 614 |
of the methods of reducing such populations to be utilized, and it | 615 |
shall not be necessary to indicate in the plan the particular | 616 |
parcels of land in the district where the physical structures, | 617 |
devices, or improvements incident to the reduction of such | 618 |
populations are to be constructed or where the labor incident to | 619 |
the reduction of biting arthropod populations will be employed. | 620 |
In the preparation of the plan, the board may recognize the | 621 |
necessity of future extensions and enlargements that may result | 622 |
from enlargements of the area of the district, in order that the | 623 |
district improvements may be designed to meet properly the | 624 |
increased demands. The plan for a water supply for domestic, | 625 |
municipal, and public use shall be prepared with recognition of an | 626 |
equitable apportionment of the available supply to each political | 627 |
subdivision within the district. If the purposes for which the | 628 |
district was established include both improved sanitation and | 629 |
improved water supply, a plan shall be prepared for each purpose. | 630 |
Upon the completion of the plan, the board shall submit it to | 637 |
the environmental protection agency for approval. In deciding | 638 |
whether to approve or reject the plan, the agency shall consider, | 639 |
among other factors, the protection of the public health, and | 640 |
compliance with air and water quality standards and regulations | 641 |
and solid waste disposal requirements. If the agency rejects the | 642 |
plan, the board shall proceed as in the first instance under this | 643 |
section to prepare another plan. If the agency refers the plan to | 644 |
the board for amendment, the board shall prepare and submit an | 645 |
amended plan to the agency. If the agency approves the plan, a | 646 |
copy of the action of the agency shall be filed with the secretary | 647 |
of the district and by himthe secretary incorporated into the | 648 |
records of the district. | 649 |
Upon the approval of the plan by the agency, the board shall | 650 |
cause notice by publication to be given in each county of the | 651 |
district of the completion of the plan, and shall permit the | 652 |
inspection of the plan at its office by all persons interested. | 653 |
The notice shall fix the time and place for the hearing of all | 654 |
objections to the plan, which shall be not less than twenty nor | 655 |
more than thirty days after the last publication of the notice. | 656 |
All objections to the plan shall be in writing and filed with the | 657 |
secretary at histhe secretary's office not more than ten days | 658 |
after the last publication of the notice. After the hearing before | 659 |
the board, the board shall adopt the plan as the official plan of | 660 |
the district. If any persons object to the official plan, so | 661 |
adopted, then those persons may, within ten days from the adoption | 662 |
of the official plan, file their objections in writing, specifying | 663 |
the features of the plan to which they object, in the original | 664 |
case establishing the district in the office of the clerk of the | 665 |
court, who shall fix a day for the hearing of the objections | 666 |
before the court, which shall be not less than twenty nor more | 667 |
than thirty days after the time fixed for filing objections, at | 668 |
which time the judges, sitting as a court as provided in section | 669 |
6115.08 or 6115.081 of the Revised Code, as applicable, for the | 670 |
organization of the district, shall meet at the courthouse of the | 671 |
county where the original case is pending and hear the objections | 672 |
and adopt, reject, or refer back the plan to the board. A majority | 673 |
of the judges shall control. If the court rejects the plan, the | 674 |
board shall proceed as in the first instance under this section to | 675 |
prepare another plan. If the court refers the plan to the board | 676 |
for amendment, then the court shall continue the hearing to a day | 677 |
certain without publication of notice. If the court approves the | 678 |
plan as the official plan of the district, a certified copy of the | 679 |
journal of the court shall be filed with the secretary, and by him | 680 |
the secretary incorporated into the records of the district. | 681 |
The board of directors of a sanitary district shall have full | 688 |
power and authority to devise, prepare for, execute, maintain, and | 689 |
operate all works or improvements necessary or desirable to | 690 |
complete, maintain, operate, and protect the official plan. It may | 691 |
secure and use menpersonnel and equipment under the supervision | 692 |
of the chief engineer or other agents, or it may let contracts for | 693 |
such works, either as a whole or in parts. | 694 |
Sec. 6115.21. The board of directors of a sanitary district, | 695 |
when it is necessary for the purposes of sections 6115.01 to | 696 |
6115.79, inclusive, of the Revised Codethis chapter, shall have a | 697 |
dominant right of eminent domain over the right of eminent domain | 698 |
of railroad, telegraph, telephone, gas, water power, and other | 699 |
companies and corporations, and over townships, counties, and | 700 |
municipal corporations. | 701 |
Sec. 6115.22. The board of directors of a sanitary district | 711 |
may condemn for the use of the district, any land or property | 712 |
within or without said district not acquired or condemned by the | 713 |
court on the report of the board of appraisers of the sanitary | 714 |
district, according to the procedure provided by sections 163.01 | 715 |
to 163.22, inclusive, of the Revised Code, instead of having | 716 |
appraisals and assessments made by the board of appraisers. | 717 |
Sec. 6115.33. The board of appraisers of a sanitary district | 726 |
shall prepare a report of its findings, which shall be arranged in | 727 |
tabular form and bound in book form, and which shall be known as | 728 |
the "sanitary district appraisal record." In case the purposes of | 729 |
the district include both improved sanitation and improved water | 730 |
supply, the board shall prepare a separate report for each | 731 |
purpose. Such record shall contain the name of the owner of | 732 |
property appraised as it appears on the tax duplicate or the deed | 733 |
records, a description of the property appraised, the amount of | 734 |
benefits appraised, the amount of damages appraised, and the | 735 |
appraised value of land or other property
whichthat may be taken, | 736 |
except by a sanitary district that is organized wholly for the | 737 |
reduction of populations of biting arthropods, for the purposes of | 738 |
the district. The board shall also report any other benefits or | 739 |
damages or any other matter which in its opinion should be brought | 740 |
to the attention of the court. No error in the names of the owners | 741 |
of real property or in the descriptions thereof shall invalidate | 742 |
said appraisal or the levy of assessments or taxes based thereon, | 743 |
if sufficient description is given to identify such real property. | 744 |
Sec. 6115.40. The board of directors of a sanitary district | 752 |
may at any time, when necessary to fulfill the objects for which | 753 |
the district was created, alter or add to the official plan. When | 754 |
such alterations or additions are formally approved by the board, | 755 |
by the environmental protection agency, and by the court, and are | 756 |
filed with the secretary of the sanitary district, they shall | 757 |
become part of the official plan for all purposes of this chapter. | 758 |
Where such alterations or additions in the judgment of the court | 759 |
neither materially modify the general character of the work, nor | 760 |
materially increase resulting damages for which the board is not | 761 |
able to make amicable settlement, no action other than a | 762 |
resolution of the board and approval by the environmental | 763 |
protection agency is necessary for the approval of such | 764 |
alterations or additions. In case the proposed alterations or | 765 |
additions materially modify the general character of the work or | 766 |
materially modify the resulting damages or materially reduce the | 767 |
benefits, for which the board is not able to make amicable | 768 |
settlement, or materially increase the benefits in such a manner | 769 |
as to require a new appraisal, the court shall direct the board of | 770 |
appraisers of the sanitary district, which may be the original | 771 |
board, or a new board appointed by the court on petition of the | 772 |
board of directors or otherwise, to appraise the property to be | 773 |
taken, benefited, or damaged by the proposed alterations or | 774 |
additions, or to be taken by a sanitary district that is not | 775 |
organized wholly for the reduction of populations of biting | 776 |
arthropods. | 777 |
Upon the completion of the report by the board of appraisers, | 778 |
notice shall be given and a hearing had on its report in the same | 779 |
manner as in the case of the original report of the board of | 780 |
appraisers, and the same right of appeal to a jury exists. Where | 781 |
few landowners are affected, the clerk of the court may, on order | 782 |
of the court, if found to be more economical and convenient, give | 783 |
personal notice of the pendency of the report of the board of | 784 |
appraisers, instead of notice by publication. When the only | 785 |
question at issue is additional damages or reduction of benefits | 786 |
to property due to modification or additions to the plans, the | 787 |
board of directors may, if it finds it practicable, make | 788 |
settlements with the owners of the property damaged, instead of | 789 |
having appraisals made by the board of appraisers. In case such | 790 |
settlements are made, notice and hearing need not be had. After | 791 |
bonds have been sold, in order that their security may not be | 792 |
impaired, no reduction shall be made in the amount of benefits | 793 |
appraised against property in the district. This section applies | 794 |
to all changes in appraisals under this chapter. | 795 |
Sec. 6115.43. In case any real property within or without | 796 |
any sanitary district is benefited, which, for any reason, was not | 797 |
appraised in the original proceedings, or was not appraised to the | 798 |
extent of benefits received, or in case any person, public | 799 |
corporation, or other district makes use of or profits by the | 800 |
works of any district to a degree not compensated for in the | 801 |
original appraisal, or in case the board of directors of the | 802 |
sanitary district finds it necessary, subsequent to the time when | 803 |
the first appraisals are made, to take or damage any additional | 804 |
property, the board of directors, at any time that condition | 805 |
becomes evident, shall direct the board of appraisers of the | 806 |
sanitary district to appraise the benefits or enhanced benefits | 807 |
received by that property, or the damages or value of property | 808 |
taken. Only the board of appraisers of a sanitary district that is | 809 |
not organized wholly for the reduction of populations of biting | 810 |
arthropods shall be directed to appraise the value of property | 811 |
taken. Proceedings outlined in sections 6115.01 to 6115.79 of the | 812 |
Revised Code for appraising lands not at first included within the | 813 |
boundaries of the district shall in all matters be conformed with, | 814 |
including notice to the parties, or the board of directors may | 815 |
make any suitable settlement with the person, public corporation, | 816 |
or other district for the use, benefit, damage, or property taken. | 817 |
In the case of a district organized wholly for the reduction | 818 |
of populations of biting arthropods, if the board of appraisers | 819 |
determines that each parcel of real property in the district | 820 |
receives a portion of the benefits received by the entire district | 821 |
in the same proportion that its taxable value bears to the taxable | 822 |
value of all the real property in the district, and the court | 823 |
confirms the determination of the board, the assessments for the | 824 |
reduction of such populations shall be uniformly apportioned | 825 |
throughout the district on that basis. | 826 |
The cost of preparing the official plan, the appraisal, | 849 |
except as paid out of the preliminary fund, the entire cost of | 850 |
construction and superintendence, including all charges incidental | 851 |
thereto, the financing costs as defined in section 133.01 of the | 852 |
Revised Code, and the cost of administration during the period of | 853 |
construction shall be paid out of the bond fund. No vouchers shall | 854 |
be drawn against the preliminary fund, except for advances from | 855 |
the general county funds, or against the maintenance fund provided | 856 |
for purposes other than improved water supply for domestic, | 857 |
municipal, and public use, until a tax-levying resolution has been | 858 |
properly passed by the board of directors of the sanitary | 859 |
district, and duly entered upon its records. In case the purposes | 860 |
of the district include both improved sanitation and improved | 861 |
water supply, the funds for these purposes shall be kept separate. | 862 |
Sec. 6115.46. After the filing of a petition for the | 863 |
organization of a sanitary district, and before the district is | 864 |
organized, the costs of publication and other official costs of | 865 |
the proceedings shall be paid out of the general funds of the | 866 |
county in which the petition is pending. Such payment shall be | 867 |
made on the warrant of the county auditor on the order of the | 868 |
court. If the district is organized, such cost shall be repaid to | 869 |
the county out of the first funds received by the district through | 870 |
the levying of taxes, except by a sanitary district that is | 871 |
organized wholly for the reduction of populations of biting | 872 |
arthropods, or through the levying of assessments or, the selling | 873 |
of bonds, or the borrowing of money. If the district is not | 874 |
organized, the cost shall be collected from the petitioners or | 875 |
their bondsmenbondspersons. Upon the organization of the | 876 |
district, the court shall make an order indicating a preliminary | 877 |
division of the preliminary expenses between the counties included | 878 |
in the district in approximately the proportions of interest of | 879 |
the various counties as estimated by the court. The court shall | 880 |
issue an order to the auditor of each county to issue
hisa | 881 |
warrant upon the county treasurer of histhe auditor's county to | 882 |
reimburse the county having paid the total cost. | 883 |
Expenses incurred after the organization of the district and | 884 |
prior to the receipt of money by the district from taxes or | 885 |
assessments, bond sales, or otherwise, shall be paid from the | 886 |
general funds of the counties upon the order of the court and upon | 887 |
certification of the clerk of the court of such order specifying | 888 |
the amount and purpose of the levy to the auditor of each county, | 889 |
who shall thereupon at once issue hisa warrant to the treasurer | 890 |
of histhe auditor's county, saidthe payments to be made in | 891 |
proportion to the order outlined by the court. Upon receipt of | 892 |
funds by the district from the sale of bonds or by taxation or | 893 |
assessment, the funds so advanced by the counties shall be repaid. | 894 |
As soon as any district has been organized, and a board of | 895 |
directors of the sanitary district has been appointed and | 896 |
qualified, such board, except the board of directors of a sanitary | 897 |
district that is organized wholly for the reduction of populations | 898 |
of biting arthropods, may levy upon the property of the district | 899 |
not to exceed three-tenths of a mill on the assessed valuation | 900 |
thereof as a level rate to be used for the purpose of paying | 901 |
expenses of organization, for surveys and plans, and for other | 902 |
incidental expenses whichthat may be necessary up to the time | 903 |
money is received from the sale of bonds or otherwise. This tax | 904 |
shall be certified to the auditors of the various counties and by | 905 |
them to the respective treasurers of their counties. If such items | 906 |
of expense have already been paid in whole or in part from other | 907 |
sources, they may be repaid although the work proposed may have | 908 |
been found impracticable or for other reasons is abandoned. The | 909 |
collection of such tax levy and the procedure relating to the | 910 |
nonpayment of taxes shall conform in all matters to the
collection | 911 |
of taxes and assessments for the district. The board of directors | 912 |
of a sanitary district organized wholly for the reduction of | 913 |
populations of biting arthropods is not entitled to levy a | 914 |
property tax under this chapter. | 915 |
The board may borrow money in any manner provided for in | 916 |
sections 6115.47 and 6115.50 of the Revised Code, and may pledge | 917 |
the receipts from such taxes or, in the case of a sanitary | 918 |
district organized for the purpose of providing a water supply, | 919 |
the proceeds of the sale of water pursuant to section 6115.62 of | 920 |
the Revised Code for its repayment, the information collected by | 921 |
the necessary surveys, the appraisal of benefits and damages, and | 922 |
other information and data being of real value and constituting | 923 |
benefits for which the tax may be levied. In case a district is | 924 |
disbanded for any cause before the work is constructed, the data, | 925 |
plans, and estimates
whichthat have been secured shall be filed | 926 |
with the clerk of the court before which the district was | 927 |
organized and shall be matters of public record available to any | 928 |
person interested. | 929 |
Sec. 6115.47. In order to facilitate the preliminary work, | 934 |
the board of directors of a sanitary district may borrow money at | 935 |
a rate of interest not exceeding six per cent per annum; may issue | 936 |
and sell or pay to contractors or others negotiable warrants | 937 |
signed by the members of the board; and, except for a sanitary | 938 |
district that is organized wholly for the reduction of populations | 939 |
of biting arthropods, may pledge, after it has been levied, the | 940 |
preliminary tax of not exceeding three-tenths of a mill for the | 941 |
repayment thereof. If any warrant issued by the board is presented | 942 |
for payment and is not paid for want of funds in the treasury, | 943 |
that fact with the date of refusal shall be indorsed on the back | 944 |
of such warrant, and said warrant shall thereafter draw interest | 945 |
at the rate of six per cent until such time as there is money on | 946 |
hand sufficient to pay the amount of said warrant with interest. | 947 |
Sec. 6115.69. Whenever it is desired to construct | 948 |
improvements wholly within or partly within and partly without any | 949 |
sanitary district, which improvements will affect only a part of | 950 |
saidthe district, for the purpose of accomplishing such work, | 951 |
subdistricts may be organized upon petition of the owners of real | 952 |
property within or partly within and partly without the district. | 953 |
Such petition shall fulfill the same requirements concerning the | 954 |
subdistricts as the petition outlined in section 6115.05 of the | 955 |
Revised Code is required to fulfill concerning the organization of | 956 |
the main district, shall be filed with the clerk of the same court | 957 |
of common pleas, and shall be accompanied by a bond as provided | 958 |
for in section 6115.06 of the Revised Code. All proceedings | 959 |
relating to the organization of such subdistricts shall conform in | 960 |
all things to sections 6115.01 to 6115.79, inclusive, of the | 961 |
Revised Code, relating to the organization of districts. Whenever | 962 |
the court by its order entered of record decrees such subdistricts | 963 |
to be organized, the clerk of saidthe court shall thereupon give | 964 |
notice of such order to the board of directors of the sanitary | 965 |
district, which shall thereupon act also as the board of directors | 966 |
of the subdistrict. Thereafter, the proceedings in reference to | 967 |
the subdistrict shall in all matters conform to such sections;, | 968 |
except that in appraisal of benefits and damages for the purposes | 969 |
of such subdistricts, in the issuance of bonds, in the levying of | 970 |
assessments or taxes, and in all other matters affecting only the | 971 |
subdistrict, such sections shall apply to this subdistrict as | 972 |
though it were an independent district, and it shall not, in these | 973 |
things, be amalgamated with the main district. | 974 |
The board of directors, board of appraisers, chief engineer, | 975 |
attorney, secretary of the sanitary district, and other officers, | 976 |
agents, and employees of the district shall, so far as it is | 977 |
necessary, serve in the same capacity for such subdistricts, and | 978 |
contracts and agreements between the main district and the | 979 |
subdistrict may be made in the same manner as contracts and | 980 |
agreements between two districts. The distribution of | 981 |
administrative expense between the main district and subdistrict | 982 |
shall be in proportion to the interests involved and the amount of | 983 |
service rendered. Such division shall be made by the board of | 984 |
directors with an appeal to the court establishing the district. | 985 |
This section does not prevent the organization of independent | 986 |
districts for local improvements under other laws within the | 987 |
limits of a district organized under sections 6115.01 to 6115.79, | 988 |
inclusive, of the Revised Code, as provided in sections 6115.66 | 989 |
and 6115.67 of the Revised Code. | 990 |