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As Introduced
122nd General Assembly
Regular Session
1997-1998 | S. B. No. 201 |
SENATOR OELSLAGER
A BILL
To amend sections 6119.02, 6119.04, 6119.05, 6119.06, 6119.10, 6119.28,
and 6119.41 and to enact sections 6119.061 and 6119.071 of the Revised Code to
provide for the filing of a petition of remonstrance to preclude the
establishment of a regional water and sewer district, to provide for the
removal of members from the board of trustees of a district, to require a
board to conduct a feasibility study prior to proceeding with certain projects
or improvements, and to prohibit a board from awarding a contract to the
entity that conducts the feasibility study for the same project.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 6119.02, 6119.04, 6119.05, 6119.06, 6119.10,
6119.28, and 6119.41 be amended and sections 6119.061
and 6119.071 of the Revised Code be enacted to read as follows:
Sec. 6119.02. Proceedings for the organization of a
regional water and sewer district shall be initiated only by a
petition filed in the office of the clerk of the court of common
pleas of one of the counties all or part of which lies within the
proposed district. Such petition shall be signed by one or more
municipal corporations or one or more counties or by one or more
townships, or by any combination of them, after having been
authorized by the legislative authority of the subdivision. The
legislative authority of any municipal corporation, the board of
county commissioners of any county, and the board of trustees of
any township may act in behalf of any part of their respective
subdivisions. Such petition shall state:
(A) The proposed name of the district;
(B) The place in which its principal office is to be
located;
(C) The necessity for the proposed district and that it
will be conducive to the public health, safety, convenience, or
welfare;
(D) A general description of the purpose of the proposed
district;
(E) A general description of the territory to be included
in the district which need not be given by metes and bounds or by
legal subdivisions, but it is sufficient if an accurate
description is given of the territory to be organized as a
district; such territory need not be contiguous, provided it is
so situated that the public health, safety, convenience, or
welfare will be promoted by the organization as a single district
of the territory described;
(F) The manner of selection, THE GROUNDS FOR AND MANNER OF
REMOVAL, the number, the term, and the
compensation of the members of the governing body of the
district, which body shall be called a board of trustees. Such
THE petition may set forth procedures for subsequent changes in the
composition of and other provisions relating to such THE board
of trustees.
(G) The plan for financing the cost of the operations of
the district until it is in receipt of revenue from its
operations or proceeds from the sale of bonds;
(H) A prayer for the organization of the district by the
name proposed, either before or after a preliminary hearing as
provided in section 6119.04 of the Revised Code.
Upon the filing of such THE petition, the judge of the court of
common pleas of the county wherein the petition is filed or, in
the case of a county having more than one such judge, a judge of
such court assigned by its presiding judge shall determine
whether such THE petition complies with the requirements of this
section as to form and content. No petition shall be declared
void by the judge on account of alleged defects, and the court in
subsequent proceedings may at any time permit the petition to be
amended in form and substance to conform to the facts by
correcting any errors in the description of the territory or in
any other particular.
Sec. 6119.04. The AT ITS FIRST MEETING, THE court of common
pleas constituted as
provided in section 6119.03 of the Revised Code, at its first
meeting, shall fix the time and place of a PRELIMINARY hearing on
the petition for the establishment of the proposed regional water and
sewer district and such hearing shall be either preliminary or
final as the petition may request. Such THE PRELIMINARY
hearing shall be held
not later than sixty days thereafter AFTER THE FIRST MEETING OF THE
COURT, and the clerk of the court
shall give notice thereof OF THE PRELIMINARY HEARING by
publication once each week for four
consecutive weeks in a newspaper having a general circulation in
each of the counties THAT IS LOCATED, in whole or in part, within the
PROPOSED district. The clerk shall send notice by certified mail to
the director of
environmental protection. Any person or any political
subdivision residing or lying within an area affected by the
organization of the district MAY FILE, on or before the date set for
the
cause to be heard, may file an objection to the granting of the
requests made in the prayer of the petition.
(A) Upon a preliminary hearing, if it appears that the
proposed district is probably necessary and that it will probably
WILL
be conducive to the public health, safety, convenience, or
welfare, the court after disposing of all objections as justice
and equity require shall by its findings, entered of record,
issue
AN ORDER DECLARING THAT THE PROPOSED DISTRICT PROBABLY IS NECESSARY
AND PROBABLY WILL BE CONDUCIVE TO THE PUBLIC HEALTH, SAFETY,
CONVENIENCE, OR WELFARE. UPON THE ISSUANCE OF AN ORDER OF
PROBABLE NECESSITY, THE CLERK OF THE COURT SHALL GIVE NOTICE OF
THE ISSUANCE BY PUBLICATION ONCE EACH WEEK FOR FOUR
CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN EACH
COUNTY THAT IS LOCATED WHOLLY OR PARTLY WITHIN THE PROPOSED
DISTRICT. THE NOTICE ALSO SHALL STATE THAT NO SOONER THAN NINETY DAYS
AFTER THE ISSUANCE OF THE ORDER OF PROBABLE NECESSITY THE COURT
INTENDS TO ISSUE A PRELIMINARY ORDER DECLARING THE PROPOSED DISTRICT TO
BE ORGANIZED UNLESS, WITHIN THAT TIME, QUALIFIED ELECTORS
RESIDING IN THE AREA OF THE PROPOSED DISTRICT EQUAL IN
NUMBER TO A MAJORITY OF THE QUALIFIED ELECTORS VOTING IN THE
LAST GENERAL ELECTION WITHIN THE AREA FILE WITH THE CLERK A
PETITION OF REMONSTRANCE AGAINST THE ORGANIZATION OF THE
DISTRICT. IF THE COURT, UPON PRELIMINARY HEARING, FINDS THAT THE
DISTRICT IS NOT NECESSARY OR WILL NOT BE CONDUCIVE TO THE PUBLIC
HEALTH, SAFETY, CONVENIENCE, OR WELFARE, THE COURT SHALL DISMISS
THE PROCEEDINGS FOR ORGANIZATION OF THE DISTRICT AND ADJUDGE THE
COSTS AGAINST THE PETITIONERS PROPOSING THE ORGANIZATION.
IF A PETITION OF REMONSTRANCE IS FILED WITH THE CLERK OF THE COURT
WITHIN NINETY DAYS AFTER THE ISSUANCE OF THE ORDER OF PROBABLE
NECESSITY, THE CLERK, UPON RECEIVING THE PETITION,
SHALL REQUEST THE BOARD OF ELECTIONS OF EACH COUNTY
LOCATED WHOLLY OR PARTLY WITHIN THE AREA OF THE PROPOSED DISTRICT TO CHECK
THE SUFFICIENCY OF THE SIGNATURES ON THE
PETITION. THE BOARDS OF ELECTIONS, WITHIN THIRTY DAYS AFTER
RECEIVING THE PETITION FROM THE CLERK, SHALL DO SO AND CERTIFY
THEIR FINDINGS TO THE CLERK. IF THE CERTIFIED FINDINGS OF THE
BOARDS OF ELECTIONS INDICATE THAT THE PETITION OF REMONSTRANCE
BEARS THE REQUISITE NUMBER OF SIGNATURES OF QUALIFIED ELECTORS RESIDING WITHIN
THE AREA COMPRISING THE PROPOSED DISTRICT, THE COURT SHALL ENTER AN ORDER
DISMISSING
THE PROCEEDINGS FOR ORGANIZATION OF THE DISTRICT AND ADJUDGE THE
COSTS AGAINST THE PETITIONERS PROPOSING THE ORGANIZATION.
IF NO PETITION OF REMONSTRANCE IS FILED WITH THE CLERK WITHIN NINETY DAYS
AFTER ISSUANCE OF THE ORDER OF PROBABLE NECESSITY OR IF THE
CERTIFIED FINDINGS OF THE BOARDS OF ELECTIONS INDICATE THAT THE PETITION FILED
DOES NOT
BEAR A SUFFICIENT NUMBER OF SIGNATURES OF QUALIFIED ELECTORS
RESIDING WITHIN THE PROPOSED DISTRICT, THE COURT SHALL ISSUE a preliminary
order declaring the district to be organized
and an independent political subdivision of the state with a
corporate name designated in the order for the purpose of FOLLOWING
PURPOSES:
(1) The election or appointment of the board of trustees
in the manner provided in the petition;
(2) The election, appointment, or employment of such
officers, employees, accounting experts, engineers, attorneys,
financial consultants, architects, other consultants and
independent contractors or other persons as may be necessary to
prepare a plan for the operation of the district;
(3) The collection of the funds in the manner provided in
the petition to be used and disbursed by the district;
(4) The preparation of a plan for the operation of the
district, and the district shall possess such powers as may be
necessary to carry out said THOSE purposes.
The preliminary order shall direct the district to file a
plan for the operation of the district within six months from the
date of the preliminary order or within such further time or
times as the court may from time to time order.
Upon the filing by the district of a plan for the operation
of the district, the court shall fix the time and place for a
final hearing on the petition for the establishment of the
proposed district and the plan for the operation of the district
as filed in the proceeding. The hearing shall be held not later
than sixty days thereafter AFTER THE FILING OF THE PLAN, and the
clerk of the court of common
pleas shall again give notice thereof OF THE FINAL
HEARING as required in this
section. Any person or any political subdivision residing or
lying within the area affected by the organization of the
district or by the plan for the operation of the district, on or
before the date set for the cause to be heard, may file any
objections to the final organization of the district or the plan
for the operation of the district.
(B) The court may, upon good cause shown at any time before
the granting of a final order, MAY DO ANY OF THE FOLLOWING:
(1) Grant a right to any municipal corporation or county
acting in behalf of a sewer district within such THE county to
become
a party to such THE proceeding if such THE
intervening party requests to
have some part or all of its territory included within the
district;
(2) Grant in part or in toto an intervening petition of a
municipal corporation or a county acting in behalf of a sewer
district within such THE county, which is not wholly included
within
territory described in the petition, to have some part or all of
its territory included within the district;
(3) Grant a request filed by any party to the petition or
intervening party to modify any request set forth in the
petition, including:
(a) A reduction in the territory to be included within the
district;
(b) Addition to or deletion of a purpose or purposes of
the proposed district as set forth in the petition so long as the
purposes that remain are those included within section 6119.01 of
the Revised Code;
(c) The manner of selection, THE GROUNDS FOR AND MANNER OF
REMOVAL, the number, the term, and the
compensation of the members of the board of trustees; provided
that after the filing of any intervening petition or request to
modify, the court has fixed a time and place for a hearing
thereof ON THE PETITION OR REQUEST, such THE
hearing to be held not less than sixty days after
the filing thereof OF THE PETITION OR REQUEST and the clerk of
the court of common pleas has
given notice as required in this section.
(C) Upon final hearing, whether or not a preliminary
hearing is requested in the petition, if it appears that the
proposed district is necessary, that it and the plan for the
operation of the district is ARE conducive to the public health,
safety, convenience, and welfare and that the plan for the
operation of the district is economical, feasible, fair, and
reasonable, the court, after disposing of all objections as
justice and equity require, shall DECLARE by its findings, entered of
record, declare THAT the district IS finally and
completely organized and to be, or to be IS empowered to
continue as, a political
subdivision. Thereupon UPON THE MAKING OF THAT FINAL DECLARATION BY
THE COURT, the district shall have power to sue and
be sued; to incur debts, liabilities, and obligations; to
exercise the right of eminent domain and of taxation and
assessment as provided in Chapter 6119. of the Revised Code THIS
CHAPTER; to
issue bonds; and to perform all acts authorized in such sections
THIS CHAPTER
and to execute and carry out the plan for the operation of the
district and to amend, modify, change, or alter the plan for its
operation as the board of trustees may from time to time
determine necessary.
(D) If the court finds that the organization of the
district is not necessary or will not be conducive to the public
health, safety, convenience, or welfare, or that the plan for the
operation of the district is not economical, feasible, fair, or
reasonable, or if the district fails to file a plan for the
operation of the district within the time prescribed by the
court, it shall dismiss the proceedings and adjudge the costs
against the petitioners, PROPOSING ORGANIZATION OF THE DISTRICT
and if a preliminary order has been made
organizing the district, the court shall declare the district
dissolved and enter its order for the distribution of any and all
assets that may be owned by the district after the payment of its
liabilities.
Any municipal corporation, board of county commissioners,
or board of township trustees may advance to the district such
sums of money as the legislative authority of the municipal
corporation, the board of county commissioners, or the board of
township trustees determines will not be in excess of the
benefits that can be anticipated to be derived by such THE
municipal
corporation, county, or township from the establishment of the
district at such times as requested by the district and
authorized by such THE legislative authority or such
THE board and
pursuant to an agreement between the district and such THE
municipal
corporation, county, or township setting forth whether and when
such THE sums ADVANCED shall be repaid. Such
THE sums ADVANCED when paid to the district
at any time after the preliminary order of the court shall be
used by the district for its purposes in the preparation of a
plan for the operation of the district and for other purposes of
the district. The district shall keep proper records showing the
amount so advanced and disbursed. If the court orders the
district dissolved as permitted in this section, the interest any
municipal corporation, board of county commissioners, or board of
township trustees has in the assets of the district shall be
limited to those assets remaining after the payment of all other
liabilities of the district.
Sec. 6119.05. At any time after the creation of a regional
water and sewer district, any county, township, or municipal
corporation whose territory is not wholly included within such
THE
district may file an application with such THE district setting
forth
a general description of the territory it desires to have
included within such THE district, the necessity for the
inclusion of
such THE territory within the district, that it will be
conducive to
the public health, safety, convenience, or welfare, and that it
will be practical and feasible for such THE territory to be
included
within the district. If said THE application is approved by a
majority of the board of trustees of said THE district, the
territory
described in said THE application shall thereupon become part of
such
THE
district. If such THE application fails to receive the approval
of a
majority of the board within sixty days after the filing of said
THE
application with said THE district, the county, township, or
municipal corporation filing such THE application may file a
petition
in the court of common pleas requesting the order of such THE
court
upon the board directing the board to include the territory
described in said THE application within said THE
district. Upon the
filing of such THE petition, the court shall set a date
for hearing
and notify the district by service of process on the secretary of
the board of the filing of such THE petition and of the date set
for
the hearing. If at such THE hearing the court finds that it
will be
conducive to the public health, safety, convenience, or welfare
of the district and to the territory described in the petition
and that it will be practical and feasible for such THE
territory to
be included within such THE district, the court shall order that
such THE
territory be included within the district and the terms for its
inclusion therein. If the court finds that it will not be
conducive to the public health, safety, convenience, or welfare
of the district or to the territory described in the petition, or
that it will not be practical or feasible for such THE territory
to
be included within such THE district, it shall dismiss the
petition and adjudge the costs against the petitioner PROPOSING THE
INCLUSION.
Such THE inclusion shall become legally effective unless, prior
to the ninetieth day following the approval of the board or the
order of the court for inclusion, qualified electors residing in
the area proposed to be included in such THE district equal in
number to a majority of the qualified electors voting at the last
general election in such THE area file with the secretary of the
board of trustees of the district in which inclusion is proposed
a petition of remonstrance against such THE inclusion. The
secretary shall cause REQUEST the board of elections of the
proper county or
counties to check the sufficiency of the signatures on such THE
petition. THE BOARD OF ELECTIONS, THIRTY DAYS AFTER RECEIVING THE PETITION
FROM THE SECRETARY, SHALL DO SO AND CERTIFY ITS FINDINGS TO THE CLERK.
Sec. 6119.06. Upon the declaration of the court of common
pleas organizing the regional water and sewer district pursuant
to section 6119.04 of the Revised Code and upon the qualifying of
its board of trustees and the election of a president and a
secretary, said THE district shall exercise in its own name all
the rights, powers, and duties vested in it by Chapter 6119. of the
Revised Code THIS CHAPTER, and, subject to such reservations,
limitations, and
qualifications as are set forth in this Chapter CHAPTER,
such THE district may DO ANY OF THE FOLLOWING:
(A) Adopt bylaws for the regulation of its affairs, the
conduct of its business, and notice of its actions;
(B) Adopt an official seal;
(C) Maintain a principal office and suboffices at such
places within the district as it designates;
(D) Sue and plead in its own name; be sued and impleaded
in its own name with respect to its contracts or torts of its
members, employees, or agents acting within the scope of their
employment, or to enforce its obligations and covenants made
under sections 6119.09, 6119.12, and 6119.14 of the Revised Code.
Any such actions against the district shall be brought in the
court of common pleas of the county in which the principal office
of the district is located, or in the court of common pleas of
the county in which the cause of action arose, and all summonses,
exceptions, and notices of every kind shall be served on the
district by leaving a copy thereof OF THE SUMMONS, EXCEPTION, OR
NOTICE at the principal office with
the person in charge thereof or with the secretary of the
district;.
(E) Assume any liability or obligation of any person or
political subdivision, including a right on the part of such THE
district to indemnify and save HOLD harmless the other
contracting
party from any loss, cost, or liability by reason of the failure,
refusal, neglect, or omission of such THE district to perform
any
agreement assumed by it or to act or discharge any such
obligation;
(F) Make loans and grants to political subdivisions for
the acquisition or construction of water resource projects by
such THE political subdivisions and adopt rules, regulations,
and
procedures for making such THOSE loans and grants;
(G) Acquire, construct, reconstruct, enlarge, improve,
furnish, equip, maintain, repair, operate, lease or rent to or
from, or contract for operation by or for, a political
subdivision or person, water resource projects within or without
the district;
(H) Make available the use or service of any water
resource project to one or more persons, one or more political
subdivisions, or any combination thereof OF PERSONS OR POLITICAL
SUBDIVISIONS;
(I) Levy and collect taxes and special assessments;
(J) Issue bonds and notes and refunding bonds and notes as
provided in Chapter 6119. of the Revised Code THIS CHAPTER;
(K) Acquire by gift or purchase, hold, and dispose of real
and personal property in the exercise of its powers and the
performance of its duties under Chapter 6119. of the Revised
Code THIS CHAPTER;
(L) Dispose of, by public or private sale, or lease any
real or personal property determined by the board of trustees to
be no longer necessary or needed for the operation or purposes of
the district;
(M) Acquire, in the name of the district, by purchase or
otherwise, on such terms and in such manner as it considers
proper, or by the exercise of the right of condemnation in the
manner provided by section 6119.11 of the Revised Code, such
public or private lands, including public parks, playgrounds, or
reservations, or parts thereof or rights therein, rights-of-way,
property, rights, easements, and interests as it considers
necessary for carrying out Chapter 6119. of the Revised Code THIS
CHAPTER, but
excluding the acquisition by the exercise of the right of
condemnation of any waste water facility or water management
facility owned by any person or political subdivision, and
compensation shall be paid for public or private lands so taken;
(N) Adopt rules and regulations to protect augmented flow
by the district in waters of the state, to the extent augmented
by a water resource project, from depletion so it will be
available for beneficial use, to provide standards for the
withdrawal from waters of the state of the augmented flow created
by a water resource project which is not returned to the waters
of the state so augmented, and to establish reasonable charges
therefor, if considered necessary by the district;
(O) Make SUBJECT TO DIVISION (B) OF SECTION 6119.061 of the Revised Code,
MAKE and enter into all contracts and agreements and
execute all instruments necessary or incidental to the
performance of its duties and the execution of its powers under
Chapter 6119. of the Revised Code THIS CHAPTER;
(P) Enter into contracts with any person or any political
subdivision to render services to such THE contracting party for
any service the district is authorized to provide;
(Q) Make provision for, contract for, or sell any of its
by-products or waste;
(R) Exercise the power of eminent domain in the manner
provided in Chapter 6119. of the Revised Code THIS CHAPTER;
(S) Remove or change the location of any fence, building,
railroad, canal, or other structure or improvement located in or
out of the district, and in case it is not feasible or economical
to move any such building, structure, or improvement situated in
or upon lands required, and if the cost is determined by the
board to be less than that of purchase or condemnation, to
acquire land and construct, acquire, or install therein or
thereon buildings, structures, or improvements similar in
purpose, to be exchanged for such THOSE buildings, structures,
or
improvements under contracts entered into between the owner
thereof OF THE BUILDINGS, STRUCTURES, OR IMPROVEMENTS and the
district;
(T) Receive and accept, from any federal or state agency,
grants for or in aid of the construction of any water resource
project, and receive and accept aid or contributions from any
source of money, property, labor, or other things of value, to be
held, used, and applied only for the purposes for which such THE
grants and contributions are made;
(U) Purchase fire and extended coverage and liability
insurance for any water resource project and for the principal
office and suboffices of the district, insurance protecting the
district and its officers and employees against liability for
damage to property or injury to or death of persons arising from
its operations, and any other insurance the district may agree to
provide under any resolution authorizing its water resource
revenue bonds or in any trust agreement securing the same;
(V) Charge, alter, and collect rentals and other charges
for the use of services of any water resource project as provided
in section 6119.09 of the Revised Code. Such THE district may
refuse
the services of any of its projects if any of such THE rentals
or
other charges, including penalties for late payment, are not paid
by the user thereof OF THE SERVICES, and, if such
THE rentals or other charges are
not paid when due and upon certification of nonpayment to the
county auditor, such THE rentals or other charges constitute a
lien
upon the property so served, shall be placed by him THE AUDITOR
upon the real
property tax list and duplicate, and shall be collected in the
same manner as other taxes;.
(W) Provide coverage for its employees under Chapters
145., 4123., and 4141. of the Revised Code;
(X) Merge or combine with any other regional water and
sewer district into a single district, which shall be one of the
constituent districts, on terms so that the surviving district
shall be possessed of all rights, capacity, privileges, powers,
franchises, and authority of the constituent districts and shall
be subject to all the liabilities, obligations, and duties of
each of the constituent districts and all rights of creditors of
such THE constituent districts shall be preserved unimpaired,
limited
in lien to the property affected by such THE liens immediately
prior
to the time of the merger and all debts, liabilities, and duties
of the respective constituent districts shall thereafter attach
to the surviving district and may be enforced against it, and
such other terms as are agreed upon, provided two-thirds of the
members of each of the boards consent to such THE merger or
combination. Such THE merger or combination shall become
legally
effective unless, prior to the ninetieth day following the later
of the consents, qualified electors residing in either district
equal in number to a majority of the qualified electors voting at
the last general election in such THE district file with the
secretary of the board of trustees of their regional water and
sewer district a petition of remonstrance against such THE
merger or
combination. The secretary shall cause REQUEST the board of
elections of
the proper county or counties to check the sufficiency of the
signatures on such THE petition. THE BOARD OF ELECTIONS,
WITHIN THIRTY DAYS AFTER RECEIVING THE PETITION FROM THE SECRETARY, SHALL DO
SO AND CERTIFY ITS FINDINGS TO THE SECRETARY.
(Y) Exercise the powers of the district without obtaining
the consent of any other political subdivision, provided that all
public or private property damaged or destroyed in carrying out
the powers of the district shall be restored or repaired and
placed in its original condition as nearly as practicable or
adequate compensation made therefor by the district;
(Z) Require the owner of any premises located within the
district to connect his THE OWNER'S premises to a water resource
project
determined to be accessible to such THE OWNER'S premises and
found to require
such connection so as to prevent or abate pollution or protect
the health and property of persons in the district. Such THE
connection shall be made in accordance with procedures
established by the board of trustees of such THE district and
pursuant to such orders as the board may find necessary to ensure
and enforce compliance with such THOSE
procedures;.
(AA) Do all acts necessary or proper to carry out the
powers granted in Chapter 6119. of the Revised Code THIS
CHAPTER.
Sec. 6119.061. (A) PRIOR TO PROCEEDING UNDER THIS CHAPTER WITH
ANY PROJECT OR IMPROVEMENT HAVING AN ESTIMATED COST OF MORE THAN ONE HUNDRED
THOUSAND DOLLARS, THE BOARD OF TRUSTEES OF A REGIONAL WATER AND SEWER DISTRICT
SHALL CONDUCT A FEASIBILITY STUDY OF THAT PROJECT OR IMPROVEMENT, OR THE BOARD
MAY ENTER INTO A CONTRACT FOR SUCH A STUDY.
(B) THE BOARD SHALL NOT AWARD A CONTRACT FOR A PROJECT OR
IMPROVEMENT UNDERTAKEN PURSUANT TO THIS CHAPTER TO THE ENTITY THAT CONDUCTS THE
FEASIBILITY STUDY DESCRIBED IN DIVISION (A) OF THIS SECTION FOR THAT
SAME PROJECT OR IMPROVEMENT.
Sec. 6119.071. ANY MEMBER OF THE BOARD OF TRUSTEES OF A REGIONAL WATER AND
SEWER DISTRICT MAY BE REMOVED UNDER DIVISION (A) OR (B) OF
THIS SECTION.
(A) FOR THE REASONS AND IN THE MANNER SPECIFIED IN THE PETITION
FILED FOR THE ORGANIZATION OF THE DISTRICT, AS REQUIRED BY DIVISION
(F) OF SECTION 6119.02 of the Revised Code;
(B) WITHOUT CAUSE AT ANY TIME BY THE PARTICIPATING POLITICAL
SUBDIVISION THAT APPOINTED THAT MEMBER, OR IF THE MEMBER IS JOINTLY APPOINTED,
UPON THE WRITTEN DIRECTION OF EACH OF THE PARTICIPATING POLITICAL SUBDIVISIONS
THAT APPOINTED THAT MEMBER.
Sec. 6119.10. The board of trustees of a regional water
and sewer district or any officer or employee designated by such
THE board may make any contract for the purchase of supplies or
material or for labor for any work, under the supervision of the
board, the cost of which shall not exceed ten thousand dollars.
When an expenditure, other than for the acquisition of real
estate and interests in real estate, the discharge of
noncontractual claims, personal services, the joint use of
facilities or the exercise of powers with other political
subdivisions, or for the product or services of public utilities,
exceeds ten thousand dollars, such expenditures shall be made
only after a notice calling for bids has been published not less
than two consecutive weeks in at least one newspaper having a
general circulation within the district. If the bids are for a
contract for the construction, demolition, alteration, repair, or
reconstruction of an improvement, the board, SUBJECT TO DIVISION
(B) OF SECTION 6119.061 of the Revised Code, may let the contract
to the lowest and best bidder who meets the requirements of
section 153.54 of the Revised Code. If the bids are for a
contract for any other work relating to the improvements for
which a regional water and sewer district was established, the
board of trustees of the regional water and sewer district,
SUBJECT TO DIVISION (B) OF SECTION 6119.061 of the Revised Code, may
let the contract to the lowest or best bidder who gives a good
and approved bond with ample security conditioned on the carrying
out of the contract. Such THE contract shall be in writing and
shall be accompanied by or shall refer to plans and specifications for
the work to be done, approved by the board. The plans and
specifications shall at all times be made and considered part of
the contract. The contract shall be approved by the board and
signed by its president or other duly authorized officer and by
the contractor. In case of a real and present emergency, the
board of trustees of the district may, by two-thirds vote of all
members, authorize the president or other duly authorized officer
to enter into a contract for work to be done or for the purchase
of supplies or materials without formal bidding or advertising.
All contracts shall have attached the certificate required by
section 5705.41 of the Revised Code duly executed by the
secretary of the board of trustees of the district. The district
may make improvements by force account or direct labor, provided,
if the estimated cost of supplies or material for any such
improvement exceeds ten thousand dollars, bids shall be received
as provided in this section. For the purposes of the competitive
bidding requirements of this section, the board shall not sever a
contract for supplies or materials and labor into separate
contracts for labor, supplies, or materials if such contracts are
in fact a part of a single contract required to be bid
competitively under this section.
Sec. 6119.28. The SUBJECT TO DIVISION (B) OF SECTION
6119.061 of the Revised Code, THE construction contracts authorized in Chapter 6119. of
the
Revised Code shall be awarded to the lowest and best bidder in the manner
provided in section 6119.10 of the Revised Code and shall be paid for in the
same manner as provided for payment of municipal contracts in Chapter 735. of
the Revised Code.
Sec. 6119.41. The SUBJECT TO DIVISION (B) OF SECTION
6119.061 of the Revised Code, THE board of trustees of a regional water and sewer
district may enter into contracts or other arrangements with the United States
government or any department thereof OF THE UNITED
STATES GOVERNMENT, with persons, firms, or corporations, with
public corporations and the state government of this state or other states,
with drainage, conservation, conservancy, sewer, park, or other improvement
districts in this or other states for co-operation COOPERATION
or assistance in planning,
constructing, maintaining, using, and operating the works of the district, or
in minimizing or preventing damage to its properties, works, and improvements,
or for making surveys, investigations, or reports thereon ON THE
DISTRICT.
Section 2. That existing sections 6119.02, 6119.04, 6119.05, 6119.06,
6119.10, 6119.28, and 6119.41 of the Revised Code are hereby repealed.
Section 3. Section 6119.071 of the Revised Code as enacted by this act does
not apply to any member of the board of trustees of a regional water and sewer
district organized under Chapter 6119. of the Revised Code who was serving on
the board immediately prior to the effective date of this act. That section
does apply to any member who is appointed or elected to the board on or after
the effective date of this act.
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