Sub. H. B. No. 35 As Reported by the House Local Government and Public Administration Committee

As Reported by the House Local Government and Public Administration Committee

128th General Assembly

Regular Session

2009-2010

Sub. H. B. No. 35

Representative Dyer

Cosponsors: Representatives Williams, B., Hagan, Boyd, Harris, Luckie, Amstutz

A BILL

To amend sections 6115.04, 6115.05, 6115.06, 6115.08,

6115.16, 6115.21, 6115.22, 6115.33, 6115.40,

6115.43, 6115.45, 6115.46, 6115.47, and 6115.69

and to enact sections 6115.051, 6115.081,

6115.082, 6115.091, 6115.092, 6115.093, 6115.094,

6115.095, 6115.096, and 6115.321 of the Revised

Code to revise the law governing sanitary

districts that are organized wholly for the

reduction of populations of biting arthropods.

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

Section 1. That sections 6115.04, 6115.05, 6115.06, 6115.08,	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

Sanitary districts may be established for any of the	33
following purposes:	34

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

(B) To clean and improve stream channels for sanitary	36
purposes;	37

(D) To provide for the collection and disposal of sewage and	39
other liquid wastes produced within the district;	40

(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

(G) To collect and dispose of garbage;

(H) To collect and dispose of any other refuse that may	60
become a menace to health.	61

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 ~~said~~the	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 ~~said~~the 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 ~~said~~the public corporation to sign such a petition. Such a	76
petition may also be signed by railroads and other corporations	77
owning lands.	78

Such petition may be filed by any city interested in some	79
degree in the improvement, upon proper action by its governing	80
body. Property in each political subdivision wholly or partly	81
included in the proposed district shall be represented by the	82
signers of the petition provided for by this section.	83

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 ~~which~~that 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 ~~said~~the	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. ~~Said~~The 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. ~~Said~~The 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. ~~Said~~The 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
~~Said~~The 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
~~said~~the petition shall be considered by the court as though they	120
had been filed with the first petition placed on file.	121

In determining when a majority of landowners has signed the	122
petition, the court shall be governed by the names as they appear	123
upon the tax duplicate, which shall be prima-facie evidence of	124
such ownership.	125

This section does not apply to a sanitary district that is	126
proposed to be organized wholly for the reduction of populations	127
of biting arthropods. Instead, section 6115.051 of the Revised	128
Code applies to such a sanitary district.	129

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

(2) The petition shall request the organization of the	154
sanitary district by the name proposed.	155

(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

This section does not apply to a sanitary district that is	188
proposed to be organized wholly for the reduction of populations	189
of biting arthropods. Instead, section 6115.082 of the Revised	190
Code applies to such a sanitary district.	191

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 ~~said~~the district shall, on	195
or before the date set for the cause to be heard, file ~~his~~the	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
~~subserved~~served 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

If the court finds that the property set out in ~~said~~the	226
petition should not be incorporated into a district, it shall	227
dismiss ~~said~~the proceedings, and adjudge the costs against the	228
signers of the petition in the proportion of the interest	229
represented by them.	230

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 ~~said~~the decree	236
declaring such district organized. The organization of ~~said~~the	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

In the case of a district lying in more than one county, one	241
judge of the court of common pleas of each of the counties having	242
land in the district shall sit as a court in the courthouse where	243
the original petition was filed to make the findings required by	244
this section and by section 6115.16 of the Revised Code. A	245
majority of ~~said~~the judges shall be necessary to render a	246
decision.	247

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

Sec. 6115.081. (A) If it appears that the purposes of this	258
chapter would be served by the creation of a sanitary district	259
that is to be organized wholly for the reduction of populations of	260
biting arthropods, the court shall submit the question of whether	261
such a sanitary district shall be created to the electors residing	262
within the territory in which the sanitary district is proposed to	263
be located.	264

(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

(D) The form of the ballot cast at the election shall be as	285
follows:	286

"Shall a sanitary district organized wholly for the reduction	287
of populations of biting arthropods be created encompassing	288
property located within the ........ (name of political	289
subdivisions)?	290

291

		For the creation			292
		Against the creation	"		293

294

(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

(3) After an order is entered establishing the sanitary	320
district, the order is final and binding on the real property	321
within the sanitary district. The organization of the sanitary	322
district shall not be directly or collaterally questioned in any	323
suit, action, or proceeding except as expressly authorized in this	324
chapter.	325

(4) In the case of a sanitary district lying in more than one	326
county, one judge of the court of common pleas of each of the	327
counties having land in the sanitary district shall sit as a court	328
in the courthouse where the original petition was filed for the	329
purposes of this section and to make the findings required by	330
section 6115.16 of the Revised Code. A majority of the judges	331
shall be necessary to render a decision.	332

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

(2) The petition shall request that the sanitary district be	371
expanded to include the territory described in the petition.	372

(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

Sec. 6115.092. (A) If it appears that the purposes of this	393
chapter would be served by the expansion of a sanitary district	394
that is organized wholly for the reduction of populations of	395
biting arthropods, the court shall submit the question of whether	396
such a sanitary district shall be expanded to the electors	397
residing in the sanitary district and in the territory that is	398
proposed to be included in the sanitary district by expansion.	399

(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

(D) The form of the ballot cast at the election shall be as	423
follows:	424

"Shall the .......... (name of sanitary district) be expanded	425
to include property located within the .......... (name of	426
political subdivisions)?	427

428

		For the expansion			429
		Against the expansion	"		430

431

(E) If a majority of the electors voting on the question of	432
expanding the sanitary district vote in favor of the expansion,	433
the court shall declare that the territory that is proposed to be	434
included in the expansion is part of the sanitary district. The	435
court may give the sanitary district a new corporate name that	436
includes the expanded territory by which it shall thereafter be	437
known in all proceedings.	438

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

(B) The petition shall set forth the reason for the	448
withdrawal of the political subdivision from the sanitary district	449
and shall request the withdrawal of the political subdivision from	450
the sanitary district.	451

(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

(D) The form of the ballot cast at the election shall be as	504
follows:	505

"Shall the .......... (name of the political subdivision) be	506
withdrawn from the .......... (name of sanitary district)?	507

		For the withdrawal			508
		Against the withdrawal	"		509

(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

(F) If a political subdivision withdraws from a sanitary	521
district that is organized wholly for the reduction of populations	522
of biting arthropods under this section and the sanitary district	523
then consists of only one political subdivision, the requirement	524
in section 6115.051 of the Revised Code that the territory in such	525
a sanitary district include two or more political subdivisions or	526
portions thereof does not apply to that sanitary district.	527

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

(B) The petition shall set forth the reason for the	538
dissolution of the sanitary district and shall request the	539
dissolution of the sanitary district.	540

(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

Sec. 6115.096. (A) If the applicable boards of elections	561
notify the court that a petition to dissolve a sanitary district	562
that is organized wholly for the reduction of populations of	563
biting arthropods contains a sufficient number of valid signatures	564
as provided in section 6115.095 of the Revised Code, the court	565
shall submit the question of whether such a sanitary district	566
shall be dissolved to the electors residing in the sanitary	567
district.	568

(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

(D) The form of the ballot cast at the election shall be as	589
follows:	590

"Shall the .......... (name of sanitary district) be	591
dissolved?	592

593

		For the dissolution			594
		Against the dissolution	"		595

596

(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

If the board finds that any former survey made by any other	631
district or in any other manner is useful for the purposes of the	632
district, the board may take over the data secured by such survey,	633
or such other proceedings as isare useful to it, and may pay	634
therefor an amount equal to the value of such data to the	635
district.	636

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 ~~him~~the 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 ~~his~~the 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 official plan may be altered in detail until the	682
assessment roll is filed, and of all the alterations the board of	683
appraisers of the sanitary district shall take notice. After the	684
assessment roll has been filed in court, no alterations of the	685
official plan shall be made except as provided in section 6115.40	686
of the Revised Code.	687

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 ~~men~~personnel 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 Code~~this 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

In the exercise of this right due care shall be taken to do	702
no unnecessary damage to other public utilities, and, in case of	703
failure to agree upon the mode and terms of interference, not to	704
interfere with their operation or usefulness beyond the actual	705
necessities of the case, due regard being paid to the other public	706
interests involved.	707

This section does not apply to a sanitary district that is	708
organized wholly for the reduction of populations of biting	709
arthropods.	710

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

This section does not apply to a sanitary district that is	718
organized wholly for the reduction of populations of biting	719
arthropods.	720

Sec. 6115.321. Sections 6115.31 and 6115.32 of the Revised	721
Code do not apply to the proposed inclusion of land in a sanitary	722
district that is organized wholly for the reduction of populations	723
of biting arthropods. Instead, such an inclusion is governed by	724
sections 6115.091 and 6115.092 of the Revised Code.	725

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 ~~which~~that 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

When such report is completed, it shall be signed by at least	745
a majority of the board and deposited with the clerk of the court	746
who shall file it in the original case. At the same time copies of	747
that part of the report giving the appraisal of benefits and	748
appraisals of land to be taken and of damages in any county shall	749
be made, certified to, and filed with the clerk of the court of	750
common pleas of such county.	751

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

Sec. 6115.45. The moneys of every sanitary district shall	827
consist of three separate funds:	828

(A) The "preliminary fund" consisting of the proceeds of the	829
ad valorem tax authorized by section 6115.46 of the Revised Code,	830
and such advancements as are made from the general county funds as	831
provided in section 6115.46 of the Revised Code, except that a	832
sanitary district that is organized wholly for the reduction of	833
populations of biting arthropods is not required to have a	834
preliminary fund unless it contains advancements from the county	835
general fund;	836

(B) The "bond fund" consisting of the proceeds of levies made	837
against the special assessments of benefits equalized and	838
confirmed under this chapter, and, as to sanitary districts	839
organized for the purpose of providing a water supply, the	840
proceeds of the sale of water pursuant to section 6115.19 of the	841
Revised Code and the proceeds of bonds issued under this chapter;	842

(C) The "maintenance fund" consisting of a special assessment	843
to be levied annually for the purpose of upkeep, administration,	844
and current expenses as provided in section 6115.53 of the Revised	845
Code, except that the maintenance fund for improved water supply	846
for domestic, municipal, and public use shall be derived from the	847
sale of water as provided in such section.	848

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 ~~bondsmen~~bondspersons. 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 ~~his~~a	881
warrant upon the county treasurer of ~~his~~the 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 ~~his~~a warrant to the treasurer	890
of ~~his~~the auditor's county, ~~said~~the 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 ~~which~~that 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 ~~which~~that 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

The procedures and requirements established in this section	930
also apply to the expansion of a sanitary district that is	931
organized wholly for the reduction of populations of biting	932
arthropods.	933

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
~~said~~the 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 ~~said~~the 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

This section does not apply to a sanitary district that is	991
organized wholly for the reduction of populations of biting	992
arthropods.	993

Section 2. That existing sections 6115.04, 6115.05, 6115.06,	994
6115.08, 6115.16, 6115.21, 6115.22, 6115.33, 6115.40, 6115.43,	995
6115.45, 6115.46, 6115.47, and 6115.69 of the Revised Code are hereby	996
repealed.	997