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As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Sub. S. B. No. 201 |
SENATORS OELSLAGER-HOTTINGER
A BILL
To amend sections 3709.085, 6119.02, and 6119.04 and to enact section
6119.071 of the Revised Code to require
the political subdivision or subdivisions proposing the
establishment of a regional water and sewer district to hold a
public meeting before filing the petition for the establishment,
to provide for the removal of appointed members from the board of trustees of
a district, to
require additional study prior to the establishment of a district if
the court in which the petition is heard orders that study,
and to allow a board of
health to charge a fee for inspections of all semipublic disposal systems
conducted under contract with the Environmental Protection Agency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3709.085, 6119.02, and 6119.04 be amended and section
6119.071 of the Revised Code be enacted to read as follows:
Sec. 3709.085. (A) The board of health of a city or
general health district may enter into a contract with any
political subdivision or other governmental agency to obtain or
provide all or part of any services, including, but not limited
to, enforcement services, for the purposes of Chapter 3704. of
the Revised Code, the rules adopted and orders made pursuant
thereto, or any other ordinances or rules for the prevention,
control, and abatement of air pollution.
(B)(1) As used in division (B)(2) of this section:
(a) "Semipublic disposal system" means a disposal system
which THAT treats the sanitary sewage discharged from publicly
or
privately owned buildings or places of assemblage, entertainment,
recreation, education, correction, hospitalization, housing, or
employment, but does not include a disposal system which THAT
treats sewage in amounts of more than twenty-five thousand gallons per
day; a disposal system for the treatment of sewage that is exempt
from the requirements of section 6111.04 of the Revised Code
pursuant to division (F) of that section; or a disposal system
for the treatment of industrial waste.
(b) Terms defined in section 6111.01 of the Revised Code
have the same meaning MEANINGS as in that section.
(2) The board of health of a city or general health
district may enter into a contract with the environmental
protection agency to conduct on behalf of the agency inspection
or enforcement services, for the purposes of Chapter 6111. and
section 1541.21 of the Revised Code and rules adopted thereunder,
for the disposal or treatment of sewage from single-family,
two-family, or three-family dwellings located in special sanitary
districts designated by section 1541.21 of the Revised Code, for
the disposal or treatment of sewage from semipublic disposal
systems, or for both. The board of health of a city or general
health district may charge a fee established pursuant to section
3709.09 of the Revised Code to be paid by the holder OWNER OR
OPERATOR of a permit under Chapter 6111. of the Revised Code
SEMIPUBLIC DISPOSAL SYSTEM or the owner or resident
of any such dwelling located in a special sanitary district for
inspections conducted by the board pursuant to a contract entered
into under this division (B)(2) OF THIS SECTION, except
that the board shall not charge
a fee for those inspections conducted at any manufactured home
park, recreational vehicle park, recreation camp, or combined
park-camp that is licensed under section 3733.03 of the Revised
Code.
Sec. 6119.02. (A) 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 THE 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 POLITICAL 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
POLITICAL
subdivisions. Such THE petition shall state SPECIFY
ALL OF THE FOLLOWING:
(A)(1) The proposed name of the district;
(B)(2) The place in which its principal office is to be
located;
(C)(3) The necessity for the proposed district and that it
will be conducive to the public health, safety, convenience, or
welfare;
(D)(4) A general description of the purpose of the proposed
district;
(E)(5) 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. THE territory need not be contiguous,
provided THAT 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)(6) The manner of selection, 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)(7) 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)(8) 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.
(B) PRIOR TO FILING A PETITION UNDER DIVISION
(A) OF THIS SECTION, A
MUNICIPAL CORPORATION, COUNTY, OR TOWNSHIP SHALL HOLD A PUBLIC
MEETING FOR THE PURPOSE OF RECEIVING COMMENTS ON THE PROPOSED
ESTABLISHMENT OF A REGIONAL WATER AND SEWER DISTRICT. IF A
COMBINATION OF MUNICIPAL CORPORATIONS, COUNTIES, OR TOWNSHIPS
SIGNED THE PETITION, THE SIGNERS JOINTLY SHALL HOLD THE PUBLIC
MEETING. AT THE MEETING, A REPRESENTATIVE OF THE SIGNER OR
SIGNERS OF THE PETITION SHALL PRESENT A PRELIMINARY STUDY OF THE
REASONS FOR THE PROPOSED ESTABLISHMENT OF THE DISTRICT.
THE SIGNER OR SIGNERS OF THE PETITION SHALL PROVIDE
WRITTEN NOTICE OF THE PUBLIC MEETING TO EACH ELECTOR RESIDING IN
THE TERRITORY OF THE PROPOSED DISTRICT. FAILURE TO NOTIFY AN
ELECTOR DOES NOT INVALIDATE ANY PROCEEDING BEFORE A COURT UNDER
THIS CHAPTER.
(C) Upon the filing of such THE petition, the judge of
the court of common pleas of the county wherein IN WHICH the
petition is filed or, in
the case of a county having more than one such judge, a judge of
such THAT court assigned by its presiding judge shall determine
whether such IF 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.
THE court in subsequent proceedings may at any time MAY
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. (A) 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 hearing on the
petition for the establishment of the proposed regional water and
sewer district and such. THE hearing shall be either
preliminary or
final as the petition may request. Such hearing AND shall be
held
not later than sixty days thereafter, and the. THE clerk
of the court shall give notice thereof OF THE HEARING by
publication once each week for four
consecutive weeks in a newspaper having a general circulation in
each of the counties, in whole or in part, within the district. The clerk
shall send A notice OF THE HEARING by certified mail to the
director of environmental protection. Any
ANY person or any political
subdivision residing or lying within an area affected by the
organization of the district, 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)(B) Upon a preliminary hearing, if it appears that the
proposed district is probably IS 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 AND by its findings, entered of record,
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 ALL OF THE
FOLLOWING:
(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 THAT 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.
THE district shall possess such powers as THAT 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 THE further time or
times as THAT the court may from time to time MAY
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, and the clerk of the court of common
pleas shall again SHALL give notice thereof
OF THE HEARING
as required in DIVISION (A) OF this
section. Any
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 (C) IF, PRIOR TO GRANTING A FINAL ORDER,
THE COURT DETERMINES THAT ADDITIONAL STUDY IS NEEDED OF THE
FEASIBILITY OF ESTABLISHING THE DISTRICT, THE COURT SHALL ORDER
THE SIGNERS OF THE PETITION TO CONDUCT AN ADDITIONAL FEASIBILITY
STUDY. IF THE COURT HAS ORDERED SUCH A STUDY, THE COURT SHALL
NOT GRANT A FINAL ORDER PRIOR TO RECEIVING THE RESULTS OF THE
STUDY. NOTHING IN DIVISION (C)
OF THIS SECTION PRECLUDES THE AWARDING OF A CONTRACT FOR A
PROJECT OR IMPROVEMENT UNDERTAKEN UNDER THIS CHAPTER TO AN
ENTITY THAT CONDUCTS A FEASIBILITY STUDY PURSUANT TO DIVISION
(C) OF THIS SECTION.
THE court may, upon good cause shown at
any time before
the granting of a final order, MAY DO ANY OR ALL 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 ANY OR ALL OF THE FOLLOWING:
(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 number, the term, and the
compensation of the members of the board of trustees; provided
that after.
AFTER the filing of any intervening petition or request to
modify, the court has fixed SHALL FIX a time and place for a
hearing
thereof, such hearing to WHICH SHALL be held not less than sixty
days after
the filing thereof and the. THE clerk of the court of
common pleas has
given SHALL GIVE notice
OF THE HEARING as required in DIVISION (A) OF this
section.
(C)(D) 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 AND by its findings, entered
of
record, SHALL declare the district finally and completely organized and
to be, or to be empowered to continue as, a political
subdivision. Thereupon 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
MAY determine necessary.
(D)(E) 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, and if. 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.
(F) Any municipal corporation, board of county commissioners,
or board of township trustees may advance to the district such
sums of money as THAT 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 THAT ARE requested by the
district and
authorized by such THE legislative authority or such
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 shall be repaid. Such THE sums 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. 6119.071. A MEMBER OF THE BOARD OF TRUSTEES OF A REGIONAL WATER AND
SEWER DISTRICT WHO HAS BEEN APPOINTED TO THE BOARD MAY BE
REMOVED BY THE APPOINTING AUTHORITY FOR MISFEASANCE,
NONFEASANCE, OR MALFEASANCE IN OFFICE. PRIOR TO REMOVING A
MEMBER, THE APPOINTING AUTHORITY SHALL NOTIFY THE MEMBER OF THE
FACTS SUPPORTING THE PROPOSED REMOVAL AND SHALL PROVIDE THE
MEMBER AN OPPORTUNITY TO APPEAR BEFORE THE APPOINTING AUTHORITY
OR AT A PUBLIC HEARING HELD BY THE APPOINTING AUTHORITY AND SHOW CAUSE WHY THE
MEMBER SHOULD NOT BE REMOVED FROM
OFFICE.
A MEMBER OF A BOARD OF TRUSTEES WHO HAS BEEN REMOVED
PURSUANT TO THIS SECTION MAY APPEAL THE REMOVAL NOT LATER THAN
THIRTY DAYS AFTER THE REMOVAL TO THE COURT OF COMMON PLEAS
CONSTITUTED AS PROVIDED IN SECTION 6119.03 OF THE
REVISED
CODE.
Section 2. That existing sections 3709.085, 6119.02, and 6119.04 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 reappointed to the board on or
after the effective date of this act.
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