|
|
To enact sections 9.29, 735.054, 6101.161, 6103.101, | 1 |
6115.201, and 6119.101 of the Revised Code to | 2 |
authorize certain political subdivisions to | 3 |
contract for engineering, repair, sustainability, | 4 |
water quality management, and maintenance of a | 5 |
water storage tank through a professional | 6 |
service contract under specified conditions. | 7 |
Section 1. That sections 9.29, 735.054, 6101.161, 6103.101, | 8 |
6115.201, and 6119.101 of the Revised Code be enacted to read as | 9 |
follows: | 10 |
Sec. 9.29. (A) The following political subdivisions may | 11 |
enter into, by direct negotiation or through the solicitation of | 12 |
requests for proposals or requests for qualifications, a | 13 |
multi-year, asset management professional service contract for | 14 |
the engineering, repair, sustainability, water quality | 15 |
management, and maintenance of a water storage tank and | 16 |
appurtenant facilities owned, controlled, or operated by that | 17 |
political subdivision, but only if the contract complies with | 18 |
division (B) of this section: | 19 |
(1) A board of county commissioners, board of directors of a | 20 |
conservancy district, board of directors of a sanitary district, | 21 |
or board of trustees of a regional water and sewer district; | 22 |
(2) A municipal corporation through its director of public | 23 |
service, mayor, city manager, board of trustees of public | 24 |
affairs, village administrator, or other contracting officer, | 25 |
commission, board, or authority as authorized by ordinance of the | 26 |
municipal corporation's legislative authority. | 27 |
(B) A contract entered into pursuant to division (A) of this | 28 |
section shall include provisions that do all of the following: | 29 |
(1) Provide that the contracting political subdivision is not | 30 |
required to make total payments in a single year that exceed the | 31 |
excess of (a) the political subdivision's water utility charges | 32 |
over (b) the operating expenses of the water system payable from | 33 |
such charges and the principal, interest, and other debt charges, | 34 |
including reserves and coverage requirements, for outstanding debt | 35 |
due in that year; | 36 |
(2) Require that the work performed be done under the | 37 |
supervision of a professional engineer licensed under Chapter | 38 |
4733. of the Revised Code, who certifies that the work will be | 39 |
performed in compliance with all applicable codes and engineering | 40 |
standards; | 41 |
(3) Provide that if, on the date of commencement of the | 42 |
contract, the water tank or appurtenant facilities require | 43 |
engineering, repair, sustainability, water quality management, or | 44 |
service in order to bring the tank or facilities into | 45 |
compliance with federal, state, or local requirements, the | 46 |
party contracting with the political subdivision must provide | 47 |
the engineering, repair, sustainability, water quality | 48 |
management, or service. The cost of the work necessary to | 49 |
ensure such compliance shall be itemized separately and may be | 50 |
charged to the political subdivision in payments spread over a | 51 |
period of not less than three years from the date of | 52 |
commencement of the contract. The charges shall be paid after | 53 |
provision is made to pay operating expenses and the principal, | 54 |
interest, and other debt service charges, including reserves and | 55 |
coverage requirements for outstanding debt due in that year. | 56 |
Sec. 735.054. Notwithstanding sections 715.18, 731.14, | 57 |
731.141, 733.22, and 735.05 of the Revised Code, any municipal | 58 |
corporation that may be required by law to award contracts in the | 59 |
manner set forth in such sections may comply with section 9.29 | 60 |
of the Revised Code regarding any contract for the engineering, | 61 |
repair, sustainability, water quality management, and maintenance | 62 |
of a water storage tank and appurtenant facilities. | 63 |
Sec. 6101.161. Notwithstanding section 6101.16 of the | 64 |
Revised Code, the board of directors of a conservancy district | 65 |
may comply with section 9.29 of the Revised Code regarding any | 66 |
contract for the engineering, repair, sustainability, water | 67 |
quality management, and maintenance of a water storage tank and | 68 |
appurtenant facilities. | 69 |
Sec. 6103.101. Notwithstanding sections 307.86 and 6103.10 | 70 |
of the Revised Code, the board of county commissioners may | 71 |
comply with section 9.29 of the Revised Code regarding any | 72 |
contract for the engineering, repair, sustainability, water | 73 |
quality management, and maintenance of a water storage tank and | 74 |
appurtenant facilities. | 75 |
Sec. 6115.201. Notwithstanding section 6115.20 of the | 76 |
Revised Code, the board of directors of a sanitary district may | 77 |
comply with section 9.29 of the Revised Code regarding any | 78 |
contract for the engineering, repair, sustainability, water | 79 |
quality management, and maintenance of a water storage tank and | 80 |
appurtenant facilities. | 81 |
Sec. 6119.101. Notwithstanding section 6119.10 of the | 82 |
Revised Code, the board of trustees of a regional water and sewer | 83 |
district may comply with section 9.29 of the Revised Code | 84 |
regarding any contract for the engineering, repair, | 85 |
sustainability, water quality management, and maintenance of a | 86 |
water storage tank and appurtenant facilities. | 87 |
Section 2. Nothing in this act is intended to restrict the | 88 |
authority of a municipal corporation under Sections 3 and 4 of | 89 |
Article XVIII, Ohio Constitution. | 90 |