130th Ohio General Assembly
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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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