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As Reported by the Senate Energy, Natural Resources
and Environment Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 549 |
REPRESENTATIVES TERWILLEGER-CORBIN-ALLEN-TAYLOR-
NETZLEY-SCHURING-HOLLISTER-REDFERN-CLANCY-OLMAN-
EVANS-BENDER-A. CORE-AMSTUTZ-WIDENER-AUSTRIA-CATES-
LOGAN-STEVENS-HOOPS-VESPER-O'BRIEN-ROBERTS-
SENATORS CARNES-GARDNER
A BILL
To amend sections 133.15, 307.09, 315.14, 5555.01, 5555.43, 5555.46, 5555.51,
5571.15,
5573.07, 6103.01,
6103.02, 6103.03, 6103.04, 6103.05, 6103.07, 6103.081, 6103.11,
6103.12, 6103.13, 6103.15, 6103.17, 6103.20, 6103.21, 6103.22,
6103.23, 6103.24, 6103.25, 6103.29, 6103.31, 6117.01, 6117.011,
6117.02, 6117.04, 6117.05, 6117.06, 6117.08, 6117.23, 6117.251,
6117.28, 6117.29, 6117.30, 6117.32, 6117.34, 6117.38, 6117.39,
6117.41, 6117.42, 6117.43, 6117.44, 6117.45, and 6119.36, to enact
sections 1.62, 307.042, 715.90, 5555.022, 6103.40, 6117.49, and 6117.60, and
to repeal sections
6103.09 and 6117.26 of the Revised Code to modify
certain road improvement and water supply, sanitary, and
drainage facilities laws to permit
permanent improvements to be made more efficiently and effectively by
simplifying, clarifying, and supplementing the procedures for
constructing and financing them, and to permit a lease for a
period of no more than twenty years of property located in a parking facility
built or acquired by a county to serve a building housing county offices and
not needed for public use.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 133.15, 307.09, 315.14, 5555.01, 5555.43, 5555.46,
5555.51,
5571.15, 5573.07, 6103.01, 6103.02, 6103.03, 6103.04, 6103.05, 6103.07,
6103.081,
6103.11, 6103.12, 6103.13, 6103.15, 6103.17, 6103.20, 6103.21,
6103.22, 6103.23, 6103.24, 6103.25, 6103.29, 6103.31, 6117.01,
6117.011, 6117.02, 6117.04, 6117.05, 6117.06, 6117.08, 6117.23,
6117.251, 6117.28, 6117.29, 6117.30, 6117.32, 6117.34, 6117.38,
6117.39, 6117.41, 6117.42, 6117.43, 6117.44, 6117.45, and 6119.36
be amended and sections 1.62, 307.042, 715.90, 5555.022, 6103.40, 6117.49, and
6117.60 of the Revised
Code be enacted to read as follows:
Sec. 1.62. AS USED IN THE REVISED CODE, UNLESS THE
CONTEXT OF A SECTION DOES NOT PERMIT THE FOLLOWING OR UNLESS EXPRESSLY
PROVIDED
OTHERWISE IN A SECTION:
(A) REFERENCES TO PARTICULAR COUNTY OFFICERS, BOARDS,
COMMISSIONS,
AND AUTHORITIES MEAN, IN THE CASE OF A COUNTY THAT HAS ADOPTED A CHARTER UNDER
ARTICLE X, OHIO CONSTITUTION, THE OFFICER,
BOARD, COMMISSION, OR AUTHORITY OF THAT COUNTY DESIGNATED BY OR PURSUANT TO
THE
CHARTER TO EXERCISE THE SAME POWERS OR PERFORM THE SAME ACTS, DUTIES, OR
FUNCTIONS THAT ARE TO BE EXERCISED OR PERFORMED UNDER THE APPLICABLE SECTION
of the Revised Code BY OFFICERS, BOARDS, COMMISSIONS, OR AUTHORITIES OF COUNTIES THAT HAVE NOT
ADOPTED A CHARTER.
(B) REFERENCES TO RESOLUTIONS MEAN, IN THE CASE OF A COUNTY THAT
HAS ADOPTED A CHARTER UNDER ARTICLE X, OHIO
CONSTITUTION, THE APPROPRIATE FORM OF LEGISLATION PERMITTED BY OR
PURSUANT TO THE CHARTER.
Sec. 133.15. (A) The taxing authority of any subdivision
may issue securities of the subdivision for the purpose of paying
all or any portion of the costs of any permanent improvement that
the subdivision is authorized, alone or in cooperation with other
persons, to acquire, improve, or construct.
Securities may be issued prior to the completion of any
proceedings required to authorize the permanent improvement or
the expenditure of the proceeds of the securities. IN ADDITION,
PROCEEDINGS FOR THE ISSUANCE OF SECURITIES FOR ANY PERMANENT IMPROVEMENT FOR
WHICH SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED AND COLLECTED MAY AUTHORIZE THE
IMPROVEMENT AND THE EXPENDITURE OF THE PROCEEDS OF THE SECURITIES AND ANY
OTHER FUNDS AVAILABLE AND APPROPRIATED FOR THE IMPROVEMENT, WITHOUT THE PRIOR
OR SUBSEQUENT NECESSITY OF INSTITUTING OR COMPLETING ANY OTHER PROCEEDINGS
THAT OTHER PROVISIONS OF THE REVISED CODE THAT CONTEMPLATE
THAT SPECIAL ASSESSMENTS MAY BE LEVIED AND COLLECTED FOR THAT TYPE OF
IMPROVEMENT OTHERWISE MIGHT REQUIRE BEFORE AN AUTHORIZATION OF THAT TYPE.
(B) Costs of permanent improvements that may be financed
with, and paid from the proceeds of, securities include, without
limitation as to other costs properly allocable to the permanent
improvement, the costs of: acquiring, constructing,
reconstructing, rehabilitating, installing, remodeling,
renovating, enlarging, equipping, furnishing, or otherwise
improving permanent improvements; site clearance, improvement,
and preparation; acquisition of real or personal property;
indemnity and surety bonds and premiums on insurance; all related
direct administrative expenses and allocable portions of direct
costs of the subdivision; engineering, architectural, legal, and
other consulting and professional services; designs, plans,
specifications, feasibility or rate studies, appraisals, surveys,
and estimates of cost; interest or interest equivalent on the
securities, whether capitalized or not; financing costs; title
work and title commitment, insurance, and guaranties; amounts
necessary to establish any debt service reserve or other reserves
as required by the proceedings for the securities; audits; the
reimbursement of moneys advanced or applied by or borrowed from
any person, whether to or by the subdivision or others, from
whatever source provided, for the payment of any item or items of
cost of the permanent improvements; and all other expenses
necessary or incidental to planning or determining feasibility or
practicability with respect to permanent improvements or
necessary or incidental to the acquisition, construction,
reconstruction, rehabilitation, installation, remodeling,
renovating, enlargement, equipping, furnishing, or other
improvement of the permanent improvements, the financing of the
permanent improvements, and the placing of the permanent
improvements in condition for use and operation, and all like or
related costs, including any one, part, or combination of, or the
subdivision's share of, those costs and expenses.
Sec. 307.042. UNLESS PROVIDED FOR BY CONTRACT BETWEEN A COUNTY
AND A MUNICIPAL CORPORATION, A COUNTY MAY NOT REGULATE THE UTILITY RATES
OF USERS OF A MUNICIPAL UTILITY.
Sec. 307.09. (A) If the interests of the county so
require, the board of county commissioners may sell any real
property belonging to the county and not needed for public use,
including all or portions of buildings acquired by the board to
house county offices, or may lease or rent the same, but no such
lease shall be for a longer term than five years, unless such
lease is part of a lease-purchase agreement, in which case the
lease may be for a period not exceeding twenty-five years, or
unless the lease is to a commercial tenant who uses the property
as a retail store room, office, or restaurant, and the leased
property is located in a building initially acquired to house
county offices OR IN A PARKING FACILITY CONSTRUCTED OR ACQUIRED TO SERVE A
BUILDING THAT HOUSES COUNTY OFFICES, in which case the lease may be for a
period not
exceeding twenty years, and may include provision for one or more
renewals for lesser periods. In the case of real property used
or to be used for the purpose of airports, landing fields, or air
navigational facilities, including restaurants, parking lots,
motels, gasoline service stations, public recreation facilities,
public parks, office buildings, retail stores for merchandising
or services, and industrial uses located or to be located
thereon, or parts thereof, belonging to the county, the primary
term of such lease shall not exceed twenty-five years and the
board of county commissioners may renew such leases for one or
more periods of years. The total of such renewal periods, when
added to the primary term of such lease, shall not exceed sixty
years.
(B) The board may grant leases, rights, and easements to
the United States government, to the state or any department or
agency thereof, or to municipal corporations or other
governmental subdivisions of the state for public purposes, or to
privately owned electric light and power companies, or natural
gas companies, or telephone or telegraph companies for purposes
of rendering their several public utilities services, or to
corporations not for profit for hospital, charitable, water,
sewer, or recreational purposes, including among other such
purposes memorial structures, parks, golf courses, and
underground structures, poles, piers, towers, wires, pipe lines
PIPELINES, underground cables, and manholes, on or in lands owned by
the
county where such lease, right, or easement is not deemed by the
board to be inconsistent with the need of such land for public
use by the county. Any such lease, right, or easement granted to
the United States government, to the state or any department or
agency thereof, or to a municipal corporation or other
governmental subdivision of the state, or to privately owned
electric light and power companies, or natural gas companies, or
telephone or telegraph companies for purposes of rendering their
several public utilities services, or to corporations not for
profit for hospital, charitable, water, sewer, or recreational
purposes, may be for such length of time, upon such terms, for
such purposes, and may provide for such renewals thereof as the
board deems for the best interests of the county.
(C) In case of the sale of such real property not used for
county purposes, and in case of a lease of real property used or
to be used for the purpose of airports, landing fields, or air
navigational facilities, including restaurants, parking lots,
motels, gasoline service stations, public recreation facilities,
public parks, office buildings, retail stores for merchandising
or services, and industrial uses, and in case of such a grant of
lease, right, or easement to the United States government, to the
state or any department or agency thereof or to a municipal
corporation or other governmental subdivision of the state, or to
privately owned electric light and power companies, or natural
gas companies, or telephone or telegraph companies for purposes
of rendering their several public utilities services, or to
corporations not for profit for hospital, charitable, water,
sewer, or recreational purposes, all or such part of the proceeds
thereof as the board designates may be placed by the board in a
separate fund to be used only for construction, equipment,
furnishing, maintenance, or repair of the county buildings and
the acquisition of sites therefor, or for the payment of
principal of or interest on bonds of the county issued for any
county building.
Sec. 315.14. The county engineer shall be responsible for
the inspection of all public improvements made under authority of
the board of county commissioners. He THE ENGINEER shall keep
in suitable
books a complete record of all estimates and summaries of bids
received and contracts for the various improvements, together
with the record of all estimates made for payments on such THAT
work.
He THE ENGINEER shall make all surveys required by law
and, SHALL
perform all
necessary services to be performed by a registered surveyor or
registered professional engineer in connection with the
construction, repair, or opening of all county roads or ditches
constructed under the authority of the board, and shall perform
such other duties as the board requires, provided that the duties
described in Chapters 343., 6103., and 6117. of the Revised Code
shall be performed only pursuant to an agreement between the
county engineer and the board; AN AGREEMENT OF THAT TYPE MAY PROVIDE
FOR THE COUNTY ENGINEER'S PERFORMANCE OF DUTIES DESCRIBED IN ONE OR MORE OF
THOSE CHAPTERS, AND MAY PROVIDE FOR THE COUNTY ENGINEER'S PERFORMANCE OF ALL
DUTIES IMPOSED UPON A COUNTY SANITARY ENGINEER UNDER CHAPTERS 6103.
AND 6117. OF THE REVISED CODE OR ONLY THE DUTIES IMPOSED
UPON A COUNTY SANITARY ENGINEER UNDER CHAPTER 6117. OF THE
REVISED CODE IN RELATION TO DRAINAGE. The board shall
determine the
compensation for performance of the RELEVANT duties described in
Chapters
343., 6103., and 6117. of the Revised Code and shall pay the
county engineer from funds available under such THE APPLICABLE
CHAPTER OR chapters or from
the general fund of the county. The performance of the RELEVANT duties
described in Chapters 343., 6103., and 6117. of the Revised Code
shall not constitute engaging in the private practice of
engineering or surveying.
Sec. 715.90. UNLESS PROVIDED FOR BY CONTRACT BETWEEN A COUNTY
AND A MUNICIPAL CORPORATION, A MUNICIPAL CORPORATION MAY NOT REGULATE
RATES AND CHARGES OF USERS IMPOSED BY A BOARD OF COUNTY COMMISSIONERS
UNDER CHAPTER 6103. OR 6117. OF THE REVISED CODE OR
FOR ANY COUNTY
UTILITY ESTABLISHED UNDER ANY OTHER CHAPTER of the Revised Code.
Sec. 5555.01. As used in sections 5555.01 to 5555.72, inclusive, of the
Revised Code THIS CHAPTER:
(A) "COST" OR "COSTS" INCLUDES COMPENSATION, DAMAGES, AND
EXPENSES THAT ARE INCIDENT TO AN IMPROVEMENT COVERED BY THIS CHAPTER AND ALL
ITEMS OF COST DESCRIBED IN DIVISION (B) OF SECTION 133.15 OF THE
REVISED CODE THAT ARE INCIDENT TO AN IMPROVEMENT COVERED BY
THIS CHAPTER.
(B) "PUBLIC OBLIGATIONS" HAS THE SAME MEANING AS IN SECTION
133.01 OF THE REVISED CODE.
(C) "road ROAD" includes any state or county
road, or part thereof OF ANY STATE OR COUNTY ROAD, or any
state or county road and any municipal corporation street, or part
thereof OF A ROAD OR STREET OF THOSE TYPES,
which form a continuous road improvement.
Sec. 5555.022. (A) A BOARD OF COUNTY COMMISSIONERS, BY
RESOLUTION ADOPTED BY A MAJORITY VOTE AND ACTING WITHOUT REGARD TO OR THE
NECESSITY FOR A PETITION, MAY FIND THAT THE PUBLIC CONVENIENCE AND WELFARE
REQUIRE THE IMPROVEMENT OF ANY PUBLIC ROAD OR ROADS, OR PARTS OF ANY PUBLIC
ROAD OR ROADS, IDENTIFIED IN THAT RESOLUTION IN A MANNER PROVIDED IN SECTION
5555.06 OF THE REVISED CODE AND MAY FIX THE ROUTE AND
TERMINI OF THE IMPROVEMENT. IF THE BOARD DETERMINES, IN THAT RESOLUTION OR IN
A SUBSEQUENT RESOLUTION, THAT SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED AND
COLLECTED TO PAY ANY PART OF THE COUNTY'S COSTS OF THE IMPROVEMENT, THE BOARD,
IN THAT RESOLUTION OR IN A SUBSEQUENT RESOLUTION, INCLUDING A RESOLUTION
AUTHORIZING THE ISSUANCE OR INCURRENCE OF PUBLIC OBLIGATIONS FOR THE
IMPROVEMENT, MAY AUTHORIZE THE IMPROVEMENT AND THE EXPENDITURE OF FUNDS
REQUIRED BY THE COUNTY FOR ITS CONSTRUCTION AND MAY PROCEED WITH THE
IMPROVEMENT WITHOUT REGARD TO ANY OTHER PROCEDURES REQUIRED BY SECTIONS
5555.03 TO 5555.42, 5555.45 TO 5555.47, 5555.50, AND 5555.81 TO 5555.83 OF THE
REVISED CODE EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION.
(B) THIS SECTION APPLIES TO AND AUTHORIZES AN IMPROVEMENT LOCATED
WHOLLY WITHIN A SINGLE COUNTY, AN IMPROVEMENT LOCATED IN A COUNTY AND ONE OR
MORE OTHER COUNTIES IN THIS STATE, AN IMPROVEMENT ALONG THE COUNTY LINE
BETWEEN A COUNTY AND ONE OR MORE OTHER COUNTIES IN THIS STATE, AN IMPROVEMENT
EXTENDING FROM A COUNTY INTO OR THROUGH ONE OR MORE ADJOINING COUNTIES IN THIS
STATE, AND AN IMPROVEMENT ON OR ALONG THE LINE BETWEEN THIS STATE AND AN
ADJOINING STATE. IF AN IMPROVEMENT INVOLVES MORE THAN ONE COUNTY IN THIS
STATE, THE PORTION OF THE COST OF THE IMPROVEMENT TO BE BORNE BY EACH COUNTY,
AFTER DEDUCTING ANY AMOUNT AGREED TO BE PAID BY ANY TOWNSHIP IN THAT COUNTY IN
WHICH THE IMPROVEMENT IS LOCATED IN WHOLE OR IN PART, SHALL BE DETERMINED,
WITHOUT REGARD TO OR NECESSITY FOR A JOINT BOARD OF COUNTY COMMISSIONERS, IN
AN AGREEMENT AMONG THE COUNTIES. THOSE COUNTIES MAY PROCEED IN ACCORDANCE
WITH THIS SECTION IF SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED AND COLLECTED,
OR MAY PROCEED IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER APPLICABLE TO
A SINGLE COUNTY IMPROVEMENT IF SPECIAL ASSESSMENTS ARE TO BE LEVIED AND
COLLECTED. IF AN IMPROVEMENT IS ON OR ALONG THE LINE BETWEEN THIS STATE AND
AN ADJOINING STATE, THE PORTION OF ITS COST TO BE BORNE BY A COUNTY IN THIS
STATE SHALL BE DETERMINED IN AN AGREEMENT BETWEEN THE COUNTY AND THE PROPER
AUTHORITIES OF THE ADJOINING STATE OR ITS PARTICIPATING OR COOPERATING
SUBDIVISION OR AGENCY.
(C) THE FOLLOWING PROVISIONS ALSO APPLY TO AN IMPROVEMENT
UNDERTAKEN PURSUANT TO THIS SECTION:
(1) THE IMPROVEMENT AND THE PROCEEDINGS FOR ITS CONSTRUCTION AND
FINANCING, INCLUDING A CONTRACT FOR THE CONSTRUCTION, MAY INCLUDE, CONSISTENT
WITH THE OTHER PROVISIONS OF THIS SECTION AND NOTWITHSTANDING ANY PROVISIONS
OF THIS CHAPTER TO THE CONTRARY, ANY ROAD OR ROADS OR PARTS OF ANY ROAD OR
ROADS, AND THE PROVISIONS OF SECTIONS 5555.61 TO 5555.69 OF THE
REVISED CODE RELATING TO CONTRACTS FOR THE CONSTRUCTION OF
AN IMPROVEMENT SHALL BE CONSTRUED ACCORDINGLY AND SHALL BE CONTROLLING TO THE
EXTENT APPLICABLE.
(2) ANY SURVEYS, PLANS, PROFILES, CROSS SECTIONS, ESTIMATES OF COST, AND
SPECIFICATIONS THAT MAY BE REQUIRED:
(a) IN THE CASE OF A SINGLE COUNTY IMPROVEMENT, SHALL BE PREPARED
BY THE COUNTY ENGINEER AT THE DIRECTION OF THE BOARD OF COUNTY COMMISSIONERS
AND SHALL REQUIRE THE BOARD'S APPROVAL;
(b) IN THE CASE OF AN IMPROVEMENT UNDERTAKEN COOPERATIVELY BY TWO
OR MORE COUNTIES IN THIS STATE, SHALL BE PREPARED BY A COUNTY ENGINEER OF ONE
OF THE COUNTIES AS AGREED TO BY THE RELEVANT BOARDS OF COUNTY COMMISSIONERS
OR, IF THE BOARDS ARE UNABLE TO SO AGREE AND CERTIFY THAT FACT JOINTLY TO THE
DIRECTOR OF TRANSPORTATION, BY A COUNTY ENGINEER OF ONE OF THOSE COUNTIES
DESIGNATED BY THE DIRECTOR, AND THE SURVEYS, PLANS, PROFILES, CROSS SECTIONS,
ESTIMATES OF COST, AND SPECIFICATIONS SO PREPARED SHALL REQUIRE THE APPROVAL
OF EACH OF THE BOARDS;
(c) IN THE CASE OF AN IMPROVEMENT ON OR ALONG THE LINE BETWEEN
THIS STATE AND AN ADJOINING STATE, SHALL BE PREPARED BY THE COUNTY ENGINEER OF
THE COUNTY IN THIS STATE AND SHALL REQUIRE THE APPROVAL OF THE BOARD OF COUNTY
COMMISSIONERS AND THE PROPER AUTHORITIES OF THE ADJOINING STATE OR ITS
PARTICIPATING OR COOPERATING SUBDIVISION OR AGENCY.
(D) IN THE CASE OF AN IMPROVEMENT UNDERTAKEN PURSUANT TO THIS
SECTION ON OR ALONG THE LINE BETWEEN THIS STATE AND AN ADJOINING STATE, A
BOARD OF COUNTY COMMISSIONERS ALSO MAY JOIN IN ITS CONSTRUCTION WITH THE
DEPARTMENT OF TRANSPORTATION AND THE EQUIVALENT DEPARTMENT OF THE OTHER STATE
AS IF THE IMPROVEMENT WERE WHOLLY WITHIN THIS STATE.
(E) IF, IN THE CASE OF AN IMPROVEMENT UNDERTAKEN PURSUANT TO THIS
SECTION INVOLVING TWO OR MORE COUNTIES IN THIS STATE, THE BOARDS OF
COUNTY COMMISSIONERS OF THE RELEVANT COUNTIES ARE UNABLE TO AGREE UPON THE
PORTION OF THE COSTS OF THE IMPROVEMENT TO BE BORNE BY EACH COUNTY AND CERTIFY
THAT FACT JOINTLY TO THE DIRECTOR OF TRANSPORTATION, THE DIRECTOR SHALL MAKE
THE APPORTIONMENT AND CERTIFY IT TO EACH OF THE COUNTIES.
(F) A BOARD OF COUNTY COMMISSIONERS MAY ORDER THAT THE COUNTY'S
COST OF AN IMPROVEMENT UNDERTAKEN PURSUANT TO THIS SECTION BE PAID FROM TAX
LEVIES OR A ROAD IMPROVEMENT FUND REFERRED TO IN SECTION 5555.43 OF THE
REVISED CODE. A COUNTY MAY ENTER INTO AN AGREEMENT WITH ANY
TOWNSHIP IN WHICH THE IMPROVEMENT IS LOCATED IN WHOLE OR IN PART FOR THE
ALLOCATION OF THE COST BETWEEN THE COUNTY AND THE TOWNSHIP.
(G) PROCEEDINGS FOR THE APPROPRIATION OF REAL PROPERTY OR
INTERESTS IN REAL PROPERTY NEEDED BY A COUNTY FOR AN IMPROVEMENT UNDERTAKEN
PURSUANT TO THIS SECTION SHALL TAKE PLACE IN ACCORDANCE WITH SECTIONS 163.01
TO
163.22 OF THE REVISED CODE.
(H) IF, IN THE CASE OF AN IMPROVEMENT UNDERTAKEN PURSUANT TO THIS
SECTION INVOLVING TWO OR MORE COUNTIES IN THIS STATE, PUBLIC OBLIGATIONS ARE
ISSUED OR INCURRED TO PAY THE COSTS OF THE IMPROVEMENT, THE OBLIGATIONS SHALL
BE
ISSUED SEPARATELY BY EACH COUNTY FOR ITS PORTION OF THOSE COSTS, AND THE
BOARDS OF COUNTY COMMISSIONERS MAY PROVIDE FOR THE CONSTRUCTION OF A PORTION
OF THE IMPROVEMENT WHOLLY WITHIN ONE COUNTY AS AND TO THE EXTENT AUTHORIZED
FOR A JOINT BOARD OF COUNTY COMMISSIONERS BY SECTION 5555.32 OF THE
REVISED CODE.
(I) ACTIONS REQUIRED OR AUTHORIZED TO BE TAKEN BY A BOARD OF
COUNTY COMMISSIONERS PURSUANT TO THIS SECTION MAY BE TAKEN, CONSISTENT WITH
THE OTHER PROVISIONS OF THIS SECTION, BY A MAJORITY VOTE OF THE MEMBERS OF THE
BOARD.
Sec. 5555.43. The board of county commissioners, UNLESS ACTING PURSUANT TO
SECTION 5555.022 OF THE REVISED CODE, or
THE joint board of county
commissioners, upon a unanimous vote, may ORDER, without a petition
therefor, order
that all the compensation, damages, and expenses
of A COUNTY'S COSTS FOR constructing any
improvement be paid out of the proceeds of any tax levies for road purposes on
the grand duplicate of the county, or out of any road improvement fund
available therefor; FOR THE PAYMENT OF THOSE COSTS, or
the board of county commissioners or joint
board
thereof
may enter, BY A SIMILAR VOTE AND WITHOUT A PETITION, into
an agreement with the boards of township trustees of the
townships in which said THE improvement is situated in whole or
in part, whereby THE ENTIRE COST OF
THE IMPROVEMENT IS PAID BY
the county and townships, or one or more of them, may pay such IN
THE AGREED UPON proportion or
amount of the damages and expenses as
is agreed upon between
them COST.
Sec. 5555.46. All assessments, with interest accrued
on them, made under sections 5555.01 to 5555.72 of
the Revised Code shall be placed by the county auditor upon a
special duplicate to be collected as other taxes, and the
principal OF THE ASSESSMENTS shall be payable in not more than forty
semiannual
installments extending over a period of not more than twenty
years,
as determined by the board of county commissioners. If any
assessment is twenty-five dollars or less, or if the unpaid
balance of any assessment is twenty-five dollars or less, it
shall be paid in full, and not in installments, at the time the
first or next installment would otherwise become due and payable.
If bonds PUBLIC OBLIGATIONS are issued OR INCURRED to pay
the compensation, damages, and expenses incident to COSTS OF the
improvement,
the principal sum of the assessments shall be payable in
the A number of equal semiannual installments that will
provide a fund for the
redemption of the bonds PUBLIC OBLIGATIONS so issued OR
INCURRED. The assessments
shall bear interest from the date of the issuance of the bonds
PUBLIC OBLIGATIONS and at the same rate OR RATES as the
bonds PUBLIC OBLIGATIONS, and the interest shall be collected in
the same manner as the principal of the assessments.
Sec. 5555.51. The board of county commissioners, in anticipation of the
collection of taxes, OR TAXES and assessments, for a road
improvement, or any part
thereof, OF A ROAD IMPROVEMENT may issue and sell
bonds, OR INCUR, PUBLIC OBLIGATIONS of the county under
Chapter 133. of the
Revised Code in any amount not greater than the aggregate sum necessary
to pay
the estimated compensation, damages, and expenses of such COSTS OF
THE improvement. The
making of the ANY special assessments referred to in sections
5555.41 to 5555.50
of
the Revised Code shall not be a condition precedent to the issuance OR
INCURRENCE of bonds PUBLIC OBLIGATIONS
under this section, and such THE special assessments may be made
either before or
after the issuance OR INCURRENCE of such bonds THE PUBLIC
OBLIGATIONS.
Sec. 5571.15. The (A) EXCEPT AS PROVIDED IN DIVISION
(B) OF THIS SECTION, THE board of township trustees may,
without the presentation of
a petition, MAY take the necessary steps to construct, reconstruct,
resurface, or
improve a public road or part thereof, upon the passage of a
resolution, by
unanimous vote, declaring the necessity therefor FOR THE
CONSTRUCTION, RECONSTRUCTION, RESURFACING, OR IMPROVEMENT. The cost
thereof may be
paid
by any of the methods provided in section 5573.07 of the Revised Code, as
determined by the board in such THE resolution.
(B) IF THE PRIMARY REASON FOR THE RECONSTRUCTION, RESURFACING, OR
IMPROVEMENT OF A PUBLIC ROAD OR PART THEREOF IS TO IMPROVE THE DRAINAGE OF
WATER FROM THE SURFACE OF THE ROAD, AS DECLARED BY THE RESOLUTION, AND THERE
IS NO PRESENTATION OF A PETITION, THE BOARD MAY PROCEED UPON THE PASSAGE OF
THE RESOLUTION BY MAJORITY VOTE. THE COST IN SUCH CASE MAY BE PAID BY EITHER
OF THE METHODS PROVIDED IN DIVISION (B) OF SECTION 5573.07 of the Revised Code.
Sec. 5573.07. The compensation, damages, and costs of township road
improvements shall be apportioned and paid in any of the following methods, as
set forth in the petition:
(A) Any part thereof shall be assessed against:
(1) The real estate abutting upon said improvement;
(2) The real estate situated within one-half mile of either side thereof;
(3) The real estate situated within one mile of either side thereof,
according to the benefits accruing to such real estate;
(B) Any balance shall be paid:
(1) From the proceeds of any levy for road purposes upon the grand duplicate
of all the taxable property in the township;
(2) From any funds in the township treasury available therefor.
When the board of township trustees acts by unanimous vote, without the
filing
of a petition, AS PERMITTED BY DIVISION (A) OF SECTION 5571.15
of the Revised Code, the board shall set forth in its resolution, declaring
THAT DECLARES the
necessity for the improvement, the method of apportioning and paying
the
compensation, damages, and costs of the improvement, which may be any one of
the methods provided in this section.
WHEN THE BOARD ACTS BY MAJORITY VOTE AS PERMITTED BY DIVISION (B)
OF SECTION 5571.15 of the Revised Code, THE BOARD SHALL SET FORTH IN ITS RESOLUTION THE
METHOD OF PAYING THE COMPENSATION, DAMAGES, AND COSTS OF THE IMPROVEMENT,
WHICH
MAY BE BY EITHER OF THE METHODS PROVIDED IN DIVISION (B) OF THIS
SECTION.
Sec. 6103.01. As used in sections 6103.02 to 6103.30, inclusive, of the
Revised Code, "public THIS CHAPTER:
(A) "PUBLIC water supply FACILITIES,"
"WATER SUPPLY FACILITIES," "WATER SUPPLY IMPROVEMENT," OR
"IMPROVEMENT" means, WITHOUT LIMITING THE GENERALITY OF
THOSE TERMS, WATER wells AND WELL FIELDS, springs, LAKES,
RIVERS, streams, or other
sources of water supply, INTAKES, pumping STATIONS AND
equipment, treatment, FILTRATION, or purification plants,
distributing FORCE AND DISTRIBUTION LINES OR mains, cisterns,
reservoirs, STORAGE FACILITIES, necessary equipment for fire
protection, other RELATED STRUCTURES, equipment, AND
FURNISHINGS, and lands, rights of way, and easements REAL
ESTATE AND INTERESTS IN REAL ESTATE,
necessary
for OR USEFUL IN the proper development OF A WATER SUPPLY FOR
DOMESTIC OR OTHER PURPOSES and ITS PROPER distribution of the
supply.
(B) "CURRENT OPERATING EXPENSES," "DEBT CHARGES," "PERMANENT
IMPROVEMENT," "PUBLIC OBLIGATIONS," AND "SUBDIVISION" HAVE THE SAME MEANINGS
AS IN SECTION 133.01 OF THE REVISED CODE.
(C) "CONSTRUCT," "CONSTRUCTION," OR "CONSTRUCTING" MEANS
CONSTRUCTION, RECONSTRUCTION, ENLARGEMENT, EXTENSION, IMPROVEMENT, RENOVATION,
REPAIR, AND REPLACEMENT OF WATER SUPPLY FACILITIES BUT DOES NOT INCLUDE
REPAIRS, REPLACEMENTS, OR SIMILAR ACTIONS THAT DO NOT CONSTITUTE AND QUALIFY
AS PERMANENT IMPROVEMENTS.
(D) "MAINTAIN," "MAINTAINING," OR "MAINTENANCE" MEANS REPAIRS,
REPLACEMENTS, AND SIMILAR ACTIONS THAT CONSTITUTE AND ARE PAYABLE AS CURRENT
OPERATING EXPENSES AND THAT ARE REQUIRED TO RESTORE WATER SUPPLY FACILITIES
TO, OR TO CONTINUE WATER SUPPLY FACILITIES IN, GOOD ORDER AND WORKING
CONDITION BUT DOES NOT INCLUDE CONSTRUCTION OF PERMANENT IMPROVEMENTS.
(E) "PUBLIC AGENCY" MEANS A STATE AND ANY AGENCY OR SUBDIVISION
OF A STATE, INCLUDING A COUNTY, A MUNICIPAL CORPORATION, OR OTHER SUBDIVISION.
(F) "COUNTY SANITARY ENGINEER" MEANS EITHER OF THE FOLLOWING:
(1) THE REGISTERED PROFESSIONAL
ENGINEER EMPLOYED OR APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS TO BE THE
COUNTY SANITARY ENGINEER AS
PROVIDED IN SECTION 6117.01 OF THE REVISED CODE;
(2) THE COUNTY ENGINEER, IF, FOR AS LONG AS AND TO THE EXTENT THAT
ENGINEER BY
AGREEMENT ENTERED INTO UNDER SECTION 315.14 OF THE REVISED
CODE IS RETAINED TO DISCHARGE THE DUTIES OF A COUNTY SANITARY
ENGINEER UNDER THIS CHAPTER.
Sec. 6103.02. (A) For the purpose of preserving and
promoting the public health and welfare, and providing fire
protection, any A board of county commissioners may by
resolution
acquire, construct, maintain, and operate any public water supply
or water-works system FACILITIES within its county for
any ONE OR MORE sewer district, DISTRICTS
and may provide for the THEIR protection thereof and
prevent the THEIR
pollution and unnecessary waste thereof. THE BOARD MAY
NEGOTIATE AND ENTER INTO A CONTRACT WITH ANY PUBLIC AGENCY OR ANY PERSON FOR
THE MANAGEMENT, MAINTENANCE, OPERATION, AND REPAIR OF THE FACILITIES ON BEHALF
OF THE COUNTY, UPON THE TERMS AND CONDITIONS AS MAY BE AGREED UPON WITH THE
AGENCY OR PERSON AND AS MAY BE DETERMINED BY THE BOARD TO BE IN THE INTERESTS
OF THE COUNTY. By contract with any
municipal corporation, PUBLIC AGENCY or any person, firm, or
private
corporation furnishing a OPERATING public water supply
FACILITIES within or without
its county, the board ALSO may provide such A supply of
water to such A SEWER
district from the waterworks FACILITIES of such municipal
corporation, THE PUBLIC AGENCY OR
person, firm, or private corporation. The
(B) THE COUNTY sanitary engineer, or
sanitary engineering department, of such county, in addition to
other ASSIGNED duties assigned to such sanitary engineer or
department,
shall assist the board in the performance of its duties under
sections 6103.02 to 6103.30 of the Revised Code, THIS CHAPTER
and shall be
charged with such other duties and services in relation thereto
TO THE BOARD'S DUTIES
as the board prescribes. The
(C) THE board may adopt, publish,
administer, and enforce rules for the construction, maintenance,
protection, and use of COUNTY-OWNED OR COUNTY-OPERATED public water
supplies in the county SUPPLY FACILITIES
outside of municipal corporations, and of public water
supplies SUPPLY FACILITIES
within municipal corporations in its county wherever such water
supplies THAT are constructed OWNED or operated by
such board THE COUNTY or THAT are
supplied with water from water supplies constructed SUPPLY
FACILITIES OWNED or operated
by such board THE COUNTY, including, BUT NOT LIMITED
TO, RULES FOR the establishment AND USE of ANY
connections, THE TERMINATION IN ACCORDANCE WITH REASONABLE
PROCEDURES OF WATER SERVICE FOR NONPAYMENT OF COUNTY WATER RATES AND CHARGES,
AND THE ESTABLISHMENT AND USE OF SECURITY DEPOSITS TO THE EXTENT CONSIDERED
NECESSARY TO ENSURE THE PAYMENT OF COUNTY WATER RATES AND CHARGES.
Such THE
rules shall not be inconsistent with the laws of the state or the
ANY APPLICABLE
rules of the DIRECTOR OF environmental protection agency.
No
(D) NO public water
supplies or water pipes or mains SUPPLY FACILITIES shall be
constructed in any
county outside of municipal corporations by any person, firm, or
corporation, except for the purpose of supplying water to such
THOSE
municipal corporations, until the plans and specifications for
the same FACILITIES have been approved by the board. Any
such
construction CONSTRUCTION
shall be done under the supervision of the COUNTY sanitary engineer.
Any person, firm, or corporation proposing or constructing such
improvements PUBLIC WATER SUPPLY FACILITIES shall pay to the county
all
expense EXPENSES incurred by the
board in connection therewith WITH THE CONSTRUCTION. The
(E) THE COUNTY sanitary engineer OR THE COUNTY SANITARY
ENGINEER'S AUTHORIZED ASSISTANTS OR AGENTS, WHEN PROPERLY IDENTIFIED IN
WRITING OR OTHERWISE AND AFTER WRITTEN NOTICE IS DELIVERED TO THE OWNER AT
LEAST FIVE DAYS IN ADVANCE OR MAILED AT LEAST FIVE DAYS IN ADVANCE BY FIRST
CLASS OR CERTIFIED MAIL TO THE OWNER'S TAX MAILING ADDRESS, may
enter
upon any public or private property for the purpose of making, AND
MAY MAKE,
surveys and examinations OR INSPECTIONS necessary for the design
or examination EVALUATION
of COUNTY public water supplies, and may make such surveys and
examinations SUPPLY FACILITIES. THIS ENTRY IS NOT A TRESPASS AND IS
NOT TO BE CONSIDERED AN ENTRY IN CONNECTION WITH ANY APPROPRIATION OF PROPERTY
PROCEEDINGS UNDER SECTIONS 163.01 TO 163.22 OF THE REVISED
CODE THAT MAY BE PENDING. No person, firm, or
corporation PUBLIC AGENCY shall forbid or
interfere with the COUNTY sanitary engineer or his THE
COUNTY SANITARY
ENGINEER'S authorized assistants
entering OR AGENTS TO ENTER, OR INTERFERE WITH THEIR
ENTRY, upon such THE property for such
THE purpose, or OF making such THE
surveys or examinations INSPECTIONS. If actual damage is done
to property by
the making of such THE surveys and examinations OR
INSPECTIONS, the
board shall pay
the reasonable value of such THE damage to the PROPERTY
owner of the property
damaged, and such THE cost shall be included in
the assessment upon
the property benefited by the improvement for which such surveys
and examinations are made THE COST OF THE FACILITIES AND MAY BE
INCLUDED IN ANY SPECIAL ASSESSMENTS LEVIED AND COLLECTED TO PAY THAT COST.
(F) The board shall fix reasonable rates to be
charged, INCLUDING PENALTIES FOR LATE PAYMENTS, for
water supplied TO PUBLIC AGENCIES AND PERSONS when the source of supply
or distributing pipes THE FACILITIES FOR ITS DISTRIBUTION
are owned or operated by the county, which rates shall be at
least sufficient to pay for all of the cost of operation and
maintenance of improvements for which the resolution declaring
the necessity thereof shall be passed after July 1, 1958 AND MAY CHANGE
THE RATES FROM TIME TO TIME AS IT CONSIDERS ADVISABLE. When
the source of THE WATER supply TO BE USED BY THE COUNTY is owned
by a municipal corporation ANOTHER PUBLIC AGENCY or any
person, firm, or private corporation, the schedule of rates to be
charged by such municipal corporation, THE PUBLIC AGENCY OR
person, firm, or private
corporation shall be ratified APPROVED by the board at the
time any IT ENTERS INTO A
contract is entered into for the use of water from such municipal
corporation, THE PUBLIC AGENCY OR person, firm, or private
corporation. When the
distributing pipes DISTRIBUTION FACILITIES are owned by the
county, the board shall ALSO MAY fix a
reasonable tap-in charge and no CHARGES TO BE COLLECTED FOR
THE PRIVILEGE OF CONNECTING TO THE DISTRIBUTION FACILITIES AND MAY REQUIRE
THAT, PRIOR TO THE CONNECTION, THE CHARGES BE PAID IN FULL OR, IF DETERMINED
BY THE BOARD TO BE EQUITABLE IN A RESOLUTION RELATING TO THE PAYMENT OF THE
CHARGES, MAY REQUIRE THEIR PAYMENT IN INSTALLMENTS, AS CONSIDERED
ADEQUATE BY THE BOARD, AT THE TIMES, IN THE AMOUNTS, AND WITH THE SECURITY,
CARRYING CHARGES, AND PENALTIES AS MAY BE DETERMINED BY THE BOARD IN THAT
RESOLUTION TO BE FAIR AND APPROPRIATE. NO PUBLIC AGENCY OR
person shall be permitted to tap
into such distributing pipes CONNECT TO THOSE FACILITIES until
such
charge has THE CHARGES HAVE been paid in
full OR PROVISION FOR THEIR PAYMENT IN INSTALLMENTS HAS BEEN MADE.
When IF THE CONNECTION CHARGES ARE TO BE PAID IN INSTALLMENTS, THE
BOARD SHALL CERTIFY, TO THE COUNTY AUDITOR, INFORMATION SUFFICIENT TO IDENTIFY
EACH PARCEL OF PROPERTY SERVED BY A CONNECTION AND, WITH RESPECT TO EACH
PARCEL, THE TOTAL OF THE CHARGES TO BE PAID IN INSTALLMENTS, THE AMOUNT OF
EACH INSTALLMENT, AND THE TOTAL NUMBER OF INSTALLMENTS TO BE PAID. THE COUNTY
AUDITOR SHALL RECORD AND MAINTAIN THE INFORMATION SO SUPPLIED IN THE
WATERWORKS RECORD PROVIDED FOR IN SECTION 6103.16 OF THE REVISED
CODE UNTIL THE CONNECTION CHARGES ARE PAID IN FULL. THE BOARD MAY
INCLUDE AMOUNTS ATTRIBUTABLE TO CONNECTION CHARGES BEING PAID IN INSTALLMENTS
IN ITS BILLINGS OF RATES AND OTHER CHARGES FOR WATER SUPPLIED.
(G) WHEN any rents RATES or charges are not
paid when due, the board
may do either ANY or both ALL of the following:
(1) Certify them THE UNPAID RATES OR CHARGES, together with any
penalties, to the
county auditor. The county auditor shall place the certified
amount upon the real property tax list and duplicate against the
property served by the connection if he also
receives from the
board additional certification that the unpaid rents or charges
have arisen pursuant to a service contract made directly with an
owner who occupies the property served. THE CERTIFIED
The amount placed on the tax list and duplicate shall be a
lien on the property from the date placed on the REAL PROPERTY TAX list
and
duplicate and shall be collected in the same manner as other
taxes, except that, notwithstanding section 323.15 of the Revised
Code, a county treasurer shall accept a payment in such THAT
amount
when separately tendered as payment for the full amount of such
THE
unpaid water rents RATES or charges and associated penalties.
The lien
shall be released immediately upon payment in full of the
certified amount. All money collected as rents or tap-in charges
or for water-works purposes in any district shall be paid to the
county treasurer and kept in a separate and distinct fund to the
credit of such district.
(2) Collect them THE UNPAID RATES OR CHARGES, TOGETHER WITH ANY
PENALTIES, by actions at law in the name of the
county from an owner, tenant, or other person who OR PUBLIC AGENCY
THAT is liable to
pay FOR the rents PAYMENT OF THE RATES or
charges;
(3) TERMINATE, IN ACCORDANCE WITH ESTABLISHED RULES, THE WATER SERVICE TO
THE PARTICULAR PROPERTY UNLESS AND UNTIL THE UNPAID RATES OR CHARGES, TOGETHER
WITH ANY PENALTIES, ARE PAID IN FULL;
(4) APPLY, TO THE EXTENT REQUIRED, ANY SECURITY DEPOSIT MADE IN ACCORDANCE
WITH ESTABLISHED RULES TO THE PAYMENT OF THE UNPAID RATES AND CHARGES,
TOGETHER WITH ANY PENALTIES, FOR WATER SERVICE TO THE PARTICULAR
PROPERTY.
ALL MONEYS COLLECTED AS RATES, CHARGES, OR PENALTIES FIXED OR ESTABLISHED
IN ACCORDANCE WITH DIVISION (F) OF THIS SECTION FOR WATER SUPPLY
PURPOSES IN OR FOR ANY SEWER DISTRICT SHALL BE PAID TO THE COUNTY TREASURER
AND KEPT IN A SEPARATE AND DISTINCT WATER FUND ESTABLISHED BY THE BOARD TO THE
CREDIT OF THE DISTRICT.
Each board that assesses FIXES water rents RATES
or charges
MAY RENDER ESTIMATED BILLS PERIODICALLY, PROVIDED THAT AT LEAST
QUARTERLY IT shall
determine the actual amount of rents due based upon SCHEDULE an
actual
reading of each customer's meter at least once in each
three-month period, and at least quarterly the board shall SO AS TO
render
a bill for the actual amount shown by the meter reading to be
due, WITH CREDIT FOR PRIOR PAYMENTS OF ANY ESTIMATED BILLS SUBMITTED FOR
ANY PART OF THE BILLING PERIOD, except THAT estimated bills
may be rendered if access to a
customer's meter was unobtainable IS NOT ACCESSIBLE for a timely
reading OR IF THE CIRCUMSTANCES PRECLUDE A SCHEDULED READING. Each
board that assesses water rents or charges ALSO shall establish
procedures providing A fair and reasonable opportunity for THE
resolution of billing disputes.
When property to which water service is provided is about
to be sold, any party to the sale or his AN agent OF A
PARTY may
request the
board to read HAVE the meter at that property READ and to
render, within ten
days following the date on which the request is made, a final
bill for all outstanding rents RATES and charges for water
service.
Such a THE request shall be made at least fourteen days prior to
the
transfer of the title of such THE property.
At any time prior to a certification under division (A)(G)(1)
of this section, the board shall accept any partial payment of
unpaid water rents RATES or charges, in the amount of ten
dollars or
more.
Except as otherwise provided in any resolution PROCEEDINGS
authorizing
or providing for the security FOR and payment of any bonds
outstanding on July 1, 1958 or thereafter issued PUBLIC
OBLIGATIONS, or in any
indenture or trust OR OTHER agreement securing such bonds
PUBLIC OBLIGATIONS, such MONEYS IN THE WATER fund shall
be applied first to the conduct, PAYMENT OF THE COST OF THE
management, MAINTENANCE, and operation of
such THE water supply or water-works system FACILITIES
OF, OR USED OR OPERATED FOR, THE SEWER DISTRICT, which COST may
include THE COUNTY'S SHARE OF MANAGEMENT, MAINTENANCE, AND OPERATION COSTS
UNDER COOPERATIVE CONTRACTS FOR THE ACQUISITION, CONSTRUCTION, OR USE OF WATER
SUPPLY FACILITIES AND, in
accordance with a cost allocation plan adopted under division
(B)(H)
of this section, payment of all allowable direct and indirect
costs of the water supply or water-works system DISTRICT, the
COUNTY sanitary
engineer or sanitary engineering department, or a federal or
state grant program, incurred for the purposes of this chapter;,
and shall be applied second to the payment of interest or
principal of any loan, indebtedness or liability DEBT CHARGES PAYABLE
ON ANY OUTSTANDING PUBLIC OBLIGATIONS ISSUED OR incurred in
connection therewith, or for the creation ACQUISITION OR
CONSTRUCTION OF WATER SUPPLY FACILITIES FOR OR SERVING THE DISTRICT, OR FOR
THE FUNDING of a sinking BOND RETIREMENT OR OTHER fund
ESTABLISHED for
the liquidation of any debt created in connection therewith PAYMENT
OF OR SECURITY FOR THE OBLIGATIONS. Any
surplus thereafter remaining may be applied to the enlargement,
replacement, or extension ACQUISITION OR CONSTRUCTION of such
water supply or
water-works
system, but in no case shall money so collected THOSE FACILITIES OR FOR
THE PAYMENT OF CONTRIBUTIONS TO BE MADE, OR COSTS INCURRED, FOR THE
ACQUISITION OR CONSTRUCTION OF THOSE FACILITIES UNDER COOPERATIVE CONTRACTS.
MONEYS IN THE WATER FUND SHALL NOT be expended
otherwise OTHER than for the use and benefit of such
THE district. No
provision of this section shall limit or restrict the power and
discretion of the board to determine how much of the cost of such
improvements shall be borne by the county at large and how much
shall be specially assessed upon benefited properties, nor the
power to issue notes and bonds for the share to be borne by the
county and in anticipation of the levy or collection of special
assessments for the share to be specially assessed, nor the power
of the board to levy special assessments upon benefited
properties for operation and maintenance whenever the rents and
other funds available are not sufficient to pay all the cost
thereof.
(B)(H) A board of county commissioners may adopt a cost
allocation plan that identifies, accumulates, and distributes
allowable direct and indirect costs that may be paid from the WATER
fund of the water supply or water-works system SEWER DISTRICT
created in PURSUANT TO
division (A)(G) of this section, and THAT
prescribes methods for
allocating those costs. The plan shall authorize payment from
the fund for OF only those costs incurred by the district, the
COUNTY
sanitary engineer or sanitary engineering department, or a
federal or state grant program, and those costs incurred by the
general and other funds of the county for a common or joint
purpose, that are necessary and reasonable for the proper and
efficient administration of the water supply or water-works
system DISTRICT under this chapter. The plan shall not authorize
payment
from the fund of any general government expense required to carry
out the overall governmental responsibilities of a county. The
plan shall conform to United States office of management and
budget Circular A-87, "Cost Principles for State and,
Local, AND INDIAN TRIBAL
Governments," published January 15 MAY 17,
1983 1995.
Sec. 6103.03. The authority of the A board of county
commissioners to provide ACQUIRE, CONSTRUCT, MAINTAIN, AND
OPERATE water supply improvements and to
maintain and operate the same within FACILITIES FOR A COUNTY sewer
districts which
include a part or all of the DISTRICT IN territory within one or
more OF A
municipal corporations shall be CORPORATION, OR A REGIONAL DISTRICT
ESTABLISHED UNDER CHAPTER 6119. OF THE REVISED
CODE, THAT IS IN WHOLE OR IN PART WITHIN THE COUNTY SEWER DISTRICT
IS the same as provided by law
WITH RESPECT TO TERRITORY within districts A COUNTY SEWER
DISTRICT THAT IS wholly outside of A municipal
corporation,
including the levying of assessments. Such authority shall be
limited to main works only, and shall not include construction
and maintenance of lateral water mains for local service OR A REGIONAL
DISTRICT, SUBJECT TO THE FOLLOWING IN THE CASE OF FACILITIES within
such A municipal corporation. The plans, specifications, and
estimated cost for any improvement within the corporate limits of
such municipal corporation:
(A) THE ACQUISITION, CONSTRUCTION, MAINTENANCE, AND OPERATION OF
THE FACILITIES shall FIRST be approved AUTHORIZED by
AN ORDINANCE OR RESOLUTION OF the legislative
authority of such THE municipal corporation prior to the
letting of
any contract for the construction thereof. All
(B) ALL road surfaces,
curbs, sidewalks, sewers, water pipes SUPPLY FACILITIES, or
other public IMPROVEMENTS OR property THAT MAY BE
disturbed or damaged by such THE construction OF THE
FACILITIES shall be REPLACED OR restored to
their original condition within a reasonable time by the board
COUNTY,
and the cost thereof shall be TREATED AS a part of the cost of
such
improvement. After such main works are constructed, such
municipal corporations may use the same as a supply for branch
and lateral water mains, for the service and use only of that
part of such THE FACILITIES.
(C) THE municipal corporation as lies within the area
assessed or to be assessed for the cost of such main works,
subject to such, WITH PRIOR APPROVAL OF OR BY AGREEMENT WITH THE
BOARD, MAY MAKE USE OF THE FACILITIES IN ACCORDANCE WITH
rules and regulations as are established by the
board and subject to all ANY APPLICABLE requirements of the
director of
environmental protection.
At any time after a district is established comprising or
including a part or all of the territory within any municipal
corporation, the legislative authority of such municipal
corporation may by ordinance or resolution authorize the board to
proceed with the construction or the maintenance, repair, and
operation of any water improvement for local service within such
municipal corporation. After such authority has been granted,
the board may proceed with the construction or the maintenance,
repair, and operation of said improvement in the same manner as
provided by law for improvements in districts wholly outside of
municipal corporations, under the same restrictions as provided
in this section for main works.
Sec. 6103.04. (A) Whenever any portion of a COUNTY sewer
district is incorporated as a
municipal corporation, or annexed to, a municipal
corporation, the area so
incorporated or annexed shall remain under the jurisdiction of the board of
county commissioners for water-works purposes OF THE ACQUISITION AND
CONSTRUCTION OF WATER SUPPLY IMPROVEMENTS until any water supply or
water-works ALL OF THE improvements for said THE area
for which detailed plans have been
prepared and the resolutions declaring the necessity thereof A
RESOLUTION DESCRIBED IN DIVISION (A) OR (E) OF SECTION
6103.05 OF THE REVISED CODE has been adopted
by the board have been ACQUIRED OR completed or until said
THE board has abandoned such
projects THE IMPROVEMENTS. Such THE BOARD, UNLESS AND
UNTIL A CONVEYANCE IS MADE TO A MUNICIPAL CORPORATION IN ACCORDANCE WITH
DIVISION (B) OF THIS SECTION, SHALL CONTINUE TO HAVE JURISDICTION IN
THE AREA SO INCORPORATED OR ANNEXED WITH RESPECT TO THE MANAGEMENT,
MAINTENANCE, AND
OPERATION OF ALL WATER SUPPLY IMPROVEMENTS SO ACQUIRED OR COMPLETED, OR
PREVIOUSLY ACQUIRED OR COMPLETED, INCLUDING THE RIGHT TO ESTABLISH RULES AND
RATES AND CHARGES FOR THE USE OF, AND CONNECTIONS TO, THE IMPROVEMENTS.
THE
incorporation or annexation of any part of a district shall
not
interfere with or render illegal AFFECT THE LEGALITY OR
ENFORCEABILITY OF any issue of bonds or certificate of
indebtedness made PUBLIC OBLIGATIONS ISSUED OR INCURRED by the
board in accordance with sections 6103.02 to 6103.30,
inclusive, of the Revised Code, COUNTY FOR PURPOSES OF THIS CHAPTER
to provide FOR THE payment for OF the cost of
ACQUISITION,
construction
and, maintenance, OR OPERATION of any water
SUPPLY improvements within such THE area, or with
THE VALIDITY OF any
assessments levied or to be levied upon the property PROPERTIES
within such THE area to
provide for the payment of the cost of ACQUISITION, construction
and, maintenance, OR OPERATION OF THE
IMPROVEMENTS.
(B) ANY COMPLETED WATER SUPPLY FACILITIES ACQUIRED OR CONSTRUCTED
BY A COUNTY UNDER THIS CHAPTER FOR THE USE OF ANY COUNTY SEWER DISTRICT, OR
ANY PART OF THOSE FACILITIES, THAT ARE LOCATED WITHIN A MUNICIPAL CORPORATION
OR
WITHIN ANY AREA THAT IS INCORPORATED AS, OR ANNEXED TO, A MUNICIPAL
CORPORATION, OR ANY PART OF THE FACILITIES THAT PROVIDE WATER FOR A MUNICIPAL
CORPORATION OR SUCH AN AREA, MAY BE CONVEYED, BY MUTUAL AGREEMENT BETWEEN THE
BOARD AND THE MUNICIPAL CORPORATION, TO THE MUNICIPAL CORPORATION ON TERMS AND
FOR CONSIDERATION AS MAY BE NEGOTIATED. UPON AND AFTER THE CONVEYANCE, THE
MUNICIPAL CORPORATION SHALL MANAGE, MAINTAIN, AND OPERATE THE FACILITIES IN
ACCORDANCE
WITH THE AGREEMENT. THE BOARD MAY RETAIN THE RIGHT TO JOINT USE OF ALL OR
PART OF ANY FACILITIES SO CONVEYED FOR THE BENEFIT OF THE DISTRICT. NEITHER
THE VALIDITY OF ANY ASSESSMENT LEVIED OR TO BE LEVIED, NOR THE LEGALITY OR
ENFORCEABILITY OF ANY PUBLIC OBLIGATIONS ISSUED OR INCURRED, TO PROVIDE FOR
THE PAYMENT OF THE COST OF THE ACQUISITION, CONSTRUCTION, MAINTENANCE, OR
OPERATION OF THE FACILITIES OR ANY PART OF THEM SHALL BE AFFECTED BY THE
CONVEYANCE.
Sec. 6103.05. (A) After the establishment of any COUNTY sewer
district, the board of county commissioners, IF A
WATER SUPPLY IMPROVEMENT IS TO BE UNDERTAKEN, may have prepared
by
the county sanitary engineer PREPARE, OR OTHERWISE CAUSE TO BE PREPARED,
FOR THE DISTRICT, OR REVISE AS
NEEDED, a general plan of water supply and
water works for such district THAT IS as complete as can be
made DEVELOPED at that THE
time. After such THE general plan, IN ORIGINAL OR
REVISED FORM, has been approved by the board, IT MAY ADOPT A
RESOLUTION GENERALLY DESCRIBING THE WATER SUPPLY IMPROVEMENT THAT IS NECESSARY
TO BE ACQUIRED OR CONSTRUCTED IN ACCORDANCE WITH THE PLAN, DECLARING THAT THE
IMPROVEMENT IS NECESSARY FOR THE PRESERVATION AND PROMOTION OF THE PUBLIC
HEALTH AND WELFARE, AND DETERMINING WHETHER OR NOT SPECIAL ASSESSMENTS ARE TO
BE LEVIED AND COLLECTED TO PAY ANY PART OF THE COST OF THE IMPROVEMENT.
(B) IF SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED AND COLLECTED TO
PAY ANY PART OF THE COST OF THE IMPROVEMENT, THE BOARD, IN THE RESOLUTION
PROVIDED FOR IN DIVISION (A) OF THIS SECTION OR IN A SUBSEQUENT
RESOLUTION, INCLUDING A RESOLUTION AUTHORIZING THE ISSUANCE OR INCURRENCE OF
PUBLIC OBLIGATIONS FOR THE IMPROVEMENT, MAY AUTHORIZE THE IMPROVEMENT AND THE
EXPENDITURE OF THE FUNDS REQUIRED FOR ITS ACQUISITION OR CONSTRUCTION AND MAY
PROCEED WITH THE IMPROVEMENT WITHOUT REGARD TO THE PROCEDURES OTHERWISE
REQUIRED BY DIVISIONS (C), (D), AND (E) OF THIS
SECTION AND BY SECTIONS 6103.06, 6103.07, AND 6117.09 TO 6117.24 OF THE
REVISED CODE. THOSE PROCEDURES SHALL BE REQUIRED ONLY FOR
IMPROVEMENTS FOR WHICH SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED.
(C) IF SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED
PURSUANT TO A DETERMINATION MADE IN THE RESOLUTION PROVIDED FOR IN DIVISION
(A) OF THIS SECTION OR IN A SUBSEQUENT RESOLUTION, THE PROCEDURES
REFERRED TO IN DIVISION (B) OF THIS SECTION AS BEING REQUIRED FOR
THAT PURPOSE SHALL APPLY, AND THE BOARD MAY HAVE
the COUNTY sanitary engineer shall prepare, OR
OTHERWISE CAUSE TO BE PREPARED, detailed plans,
specifications, and estimates AN ESTIMATE of cost of such
part of FOR the
improvement as it is necessary to then construct, together with a
tentative assessment of the cost based on such THE estimate.
Such THE
tentative assessment shall be for the information of property
owners, and shall not be LEVIED OR certified to the county
auditor for
collection. Such THE detailed plans, specifications,
estimates ESTIMATE of
cost, and tentative assessment, as so prepared by the
sanitary
engineer and IF approved by the board, shall be carefully preserved
in the office of the board or the COUNTY sanitary engineer and shall be
open to THE inspection of all persons interested in such
improvements THE IMPROVEMENT.
(B)(D) After THE BOARD'S approval of the detailed
plans, specifications,
estimates ESTIMATE of cost, and tentative assessment, and at
least
twenty-four days before adopting a resolution as required by
PURSUANT TO
division (C)(E) of this section, the board,
EXCEPT TO THE EXTENT THAT APPROPRIATE WAIVERS OF NOTICE ARE OBTAINED FROM
AFFECTED OWNERS, shall send CAUSE TO BE SENT a notice
of
its intent to consider or adopt a resolution to each owner of
property PROPOSED TO BE ASSESSED that is listed on the records of the
county auditor for
current agricultural use value taxation pursuant to section
5713.31 of the Revised Code and that is not located in an
agricultural district established under section 929.02 of the
Revised Code. The notice shall SATISFY ALL OF THE FOLLOWING:
(1) Be sent by first class or certified mail;
(2) Specify the proposed date of the adoption of the
resolution;
(3) Contain a statement that the project IMPROVEMENT will be
financed
in whole or in part by special assessments and that all owners of
property PROPERTIES not located in an agricultural district
established
pursuant to section 929.02 of the Revised Code may be subject to
a special assessment; and
(4) Contain a statement that an agricultural district may
be established by filing an application with the county auditor.
If it appears, by the return of the mailed notices or by
other means, that one or more of the AFFECTED owners of
property cannot be
found or are not served by the mailed notice, the board shall
publish CAUSE the notice TO BE PUBLISHED ONCE in a
newspaper of general circulation within IN
the county not later than ten days before the adoption of the
resolution.
(C)(E) After complying with divisions (A),
(C), and (B)(D) of this
section, the board shall MAY adopt a resolution declaring that
such THE
improvement, describing the same WHICH SHALL BE DESCRIBED AS TO ITS
NATURE and ITS location, route, and termini
thereof, is necessary for the preservation and promotion of THE
public health and welfare and to provide fire protection,
referring to the plans, specifications, estimates ESTIMATE of
cost, and
tentative assessment, stating the place where they are on file
and may be examined, what part of AND PROVIDING THAT the
ENTIRE cost OR A LESSER DESIGNATED PART OF THE COST will be
paid by the
county at large, and what part will be specially assessed against
the benefited property PROPERTIES within the district AND
THAT ANY BALANCE WILL BE PAID BY THE COUNTY AT LARGE FROM OTHER AVAILABLE
FUNDS. Such THE resolution
shall also SHALL contain a description of the boundaries of that
part
of the district to be assessed, and may include the estimated
cost of maintaining the improvement for one year. The resolution
shall designate a time and place, to be fixed by the board, when
and where FOR objections to the improvement, to the tentative
assessment, or to the boundaries of the assessment district will
TO
be heard by the board. The date of such THAT hearing shall be
not
less than twenty-four days after the date of the first
publication of the notice of THE hearing required by this
section DIVISION.
The board shall cause a notice of the hearing to be
published once a week for two consecutive weeks in a newspaper of
general circulation within IN the county, and on or before the
date
of the second publication, it shall send CAUSE TO BE SENT
by
ordinary first class
or certified mail a copy of the notice to every owner of property
to be assessed for such THE improvement whose address is known.
The notice shall set forth the time and place of the
hearing, a summary description of the proposed improvement,
including its general route and termini, a summary description of
the area to be assessed CONSTITUTING THE ASSESSMENT DISTRICT,
and the place where the plans,
specifications, estimates ESTIMATE of cost, and tentative
assessments ASSESSMENT are
on file and may be examined. The EACH MAILED notice
shall also SHALL include a
statement that the property of the addressee will be assessed for
such THE improvement. Notice of such hearing THE
NOTICE ALSO shall be mailed SENT BY FIRST CLASS OR CERTIFIED
MAIL, ON OR BEFORE THE DATE OF THE SECOND PUBLICATION, to
the
clerk, OR THE OFFICIAL DISCHARGING THE DUTIES OF A CLERK,
of any municipal corporation any part of which lies within
the assessment district AND SHALL STATE WHETHER OR NOT ANY PROPERTY
BELONGING TO THE MUNICIPAL CORPORATION IS TO BE ASSESSED AND, IF SO, SHALL
IDENTIFY THAT PROPERTY. A
AT THE hearing shall be granted by, OR AT ANY
ADJOURNMENT OF THE HEARING, OF WHICH NO FURTHER PUBLISHED OR MAILED NOTICE
NEED BE GIVEN, the board
to SHALL HEAR all parties interested at the time and place
fixed by such
resolution and notice WHOSE PROPERTIES ARE PROPOSED TO BE ASSESSED.
Written objections to or
indorsements ENDORSEMENTS of
the proposed improvement, the ITS character and termini
thereof, the
boundaries of the assessment district, or the tentative
assessment shall be received by the board for a period of five
days after the COMPLETION OF THE hearing, and no action shall be taken
by the board
in the matter until after such THAT period has elapsed. The
minutes
of the hearing shall be entered on the journal of the board
showing the persons who appear in person or by attorney, and all
written objections shall be preserved and filed in the office of
the board.
Sec. 6103.07. After the passage ADOPTION of the A
resolution to proceed with an
improvement, as provided in section 6103.06 of the Revised Code, no
further
action THE CONSTRUCTION OF THE IMPROVEMENT shall be taken or
work done in connection therewith DEFERRED until ten days have
elapsed. If, at the expiration of such THAT
period, no appeal has been effected by
any property owner, as provided in sections 6117.09 to 6117.24,
inclusive, of the Revised Code, THE ACTION OF THE BOARD OF COUNTY
COMMISSIONERS SHALL BE FINAL, AND
the board may PROCEED TO issue and sell bonds or certificates
of
indebtedness INCUR PUBLIC OBLIGATIONS and construct such
THE improvement. If, at the end of THAT ten days,
any
owner of property to be assessed or taxed for the improvement has
effected an
appeal, then said work THE CONSTRUCTION OF THE IMPROVEMENT shall
not be proceeded with DEFERRED until the matters appealed
from have been disposed of in court.
Sec. 6103.081. (A) After the establishment of any COUNTY
sewer district, the board of
county commissioners may determine by resolution that it is necessary to
provide water supply improvements and to maintain and operate the same
IMPROVEMENTS within
the sewer district or a designated portion thereof and OF THE
DISTRICT, that such water supply THE
improvements, WHICH SHALL BE generally described in such
THE resolution, shall be constructed, THAT FUNDS ARE REQUIRED
TO PAY THE PRELIMINARY COSTS OF THE IMPROVEMENTS TO BE INCURRED PRIOR TO THE
COMMENCEMENT OF THE PROCEEDINGS FOR THEIR CONSTRUCTION, AND THAT THOSE FUNDS
SHALL BE PROVIDED IN ACCORDANCE WITH THIS SECTION.
(B) Prior to the adoption of such THE resolution, the
board of county commissioners
shall give notice of the ITS pendency thereof and of the
proposed determination of
the necessity of the improvements therein generally described,
which IN THE RESOLUTION. THE notice
shall set forth a description of the properties to be benefited by the
improvements and the time and place of A hearing of
objections to and
endorsements of the improvements. Such THE notice shall be
given EITHER by publication
in
a newspaper of general circulation IN THE COUNTY once a week for two
consecutive weeks, OR BY MAILING A COPY OF THE NOTICE BY FIRST CLASS OR
CERTIFIED MAIL TO THE OWNERS OF THE PROPERTIES PROPOSED TO BE ASSESSED AT
THEIR RESPECTIVE TAX MAILING ADDRESSES, OR BY BOTH MANNERS, the
first publication to be MADE OR THE MAILING TO OCCUR at least two weeks
prior to the date set for the
hearing. At such THE hearing, or at any adjournment
thereof OF THE HEARING, of which no further
published OR MAILED notice need be given, the board of county
commissioners shall hear
all persons whose properties are proposed to be assessed, and
such THE evidence as
is deemed IT CONSIDERS to be necessary, and shall.
THE BOARD then SHALL determine the necessity of the
proposed improvement, IMPROVEMENTS and in addition shall
determine whether such THE
improvements
shall be made by the board of county commissioners and, IF
THEY ARE TO BE MADE, shall direct the
preparation of tentative assessments upon the benefited properties and by whom
they shall be prepared.
Thereupon in (C) IN order to obtain funds for the
preparation of a general OR REVISED GENERAL plan of
water supply and waterworks for such THE district or part
thereof and OF THE DISTRICT, FOR THE PREPARATION OF the detailed
plans, specifications, estimates ESTIMATE of cost,
preparation of the AND tentative
assessment FOR THE PROPOSED IMPROVEMENTS, and FOR the
cost of financing and legal services incident to the
preparation of all of such THOSE plans and a plan of financing
the proposed
improvement IMPROVEMENTS, the board of county
commissioners may levy upon the property PROPERTIES to
be
benefited in such THE district a preliminary assessment
apportioned according to
benefits or to tax valuation or partly by one method and partly BY the
other METHOD as
the board of county commissioners may determine. Such
THE assessments shall be in
the amount determined to be necessary to obtain funds for such
THE general and
detailed plans and such costs THE COST of financing and legal
services and shall be
payable in such THE number of years as THAT the
board of county commissioners shall
determine, not to exceed twenty years, together with interest on any notes
and
bonds which PUBLIC OBLIGATIONS THAT may be issued OR
INCURRED in anticipation
of the collection of such THE
assessments.
(D) The board of county commissioners shall have power at any
time to levy
additional assessments according to benefits or to tax valuation or partly by
one method and partly by the other METHOD as the board of county
commissioners may
determine for such THE purposes DESCRIBED IN DIVISION
(C) OF THIS SECTION upon such THE BENEFITED
properties to complete the payment of
such THE costs DESCRIBED IN DIVISION (C) OF THIS
SECTION or to
pay the cost of any additional plans, specifications,
estimates ESTIMATE of cost, OR tentative
assessments ASSESSMENT and the cost of financing and legal
services incident to the preparation of such THOSE plans and
such THE plan of financing,
which additional assessments shall be payable in such THE number
of years as THAT the
legislative authority BOARD shall determine, not to exceed
twenty years, together
with interest on any notes and bonds which PUBLIC OBLIGATIONS
THAT may be issued OR INCURRED in anticipation of
the
collection thereof OF THE ADDITIONAL ASSESSMENTS.
(E) Prior to the adoption of the A resolution levying
such assessments UNDER THIS SECTION, the board
shall give at least ten days' notice EITHER BY ONE PUBLICATION
in one A newspaper of general circulation
in
the county which shall state, OR BY MAILING A COPY OF THE
NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO THE OWNERS OF THE PROPERTIES
PROPOSED TO BE ASSESSED AT THEIR RESPECTIVE TAX MAILING ADDRESSES, OR BY BOTH
MANNERS, THE PUBLICATION TO BE MADE OR THE MAILING TO OCCUR AT LEAST TEN DAYS
PRIOR TO
the time and place when and where such DATE OF THE MEETING AT WHICH
THE resolution
shall be taken up for consideration; THAT NOTICE SHALL STATE THE
TIME AND PLACE OF THE MEETING AT WHICH THE RESOLUTION IS TO BE CONSIDERED.
At such THE time and place OF THE MEETING, or at
any
adjournment thereof OF THE MEETING, of which no further
published OR MAILED notice need be given, the
board shall hear all persons whose properties are proposed to be assessed,
shall correct any errors and make any revisions that appear to be necessary or
just, and may then pass MAY ADOPT a resolution levying
upon the properties determined to
be benefited such THE assessments as so corrected and revised.
The assessments levied by such THE resolution shall be certified
to the county
auditor for collection IN THE SAME MANNER as other taxes in the
year or years in which they are
payable.
(F) Upon the adoption of such THE resolution
DESCRIBED IN DIVISION (E) OF THIS SECTION, no further
action shall be taken or work
done until ten days have elapsed. If, at the expiration of such
THAT period, no
appeal has been effected by any property owner as herein provided IN
THIS DIVISION, the action
of
the board shall be final. If, at the end of THAT ten
days, any owner of property to
be assessed for the improvement IMPROVEMENTS has effected
such an appeal then, no further
action shall be taken and no work done in connection with such
THE
improvements
under said THE resolution until the matters appealed from have
been disposed of in
court.
Any owner of property to be assessed may appeal as provided and upon the
grounds stated in sections 6117.09 to 6117.24, inclusive, of the
Revised Code.
If no appeal has been perfected or if on appeal the resolution of award of
county commissioners THE BOARD is sustained, the board of county
commissioners may
authorize AND ENTER INTO contracts to carry out the purpose for which
such THE assessments have
been levied without the prior issuance of notes, provided that the
payments due
by the board of county commissioners UNDER THOSE CONTRACTS
do not fall due prior to the time in BY
which
such THE assessments shall ARE TO be collected.
The board of county commissioners shall
also have the power to MAY issue and sell its bonds with a
maximum maturity of
twenty years in anticipation of the collection of such THE
assessments and may
issue its notes in anticipation of the issuance of such
THE bonds, which notes and
bonds, AS PUBLIC OBLIGATIONS, shall be issued and sold as
provided in Chapter 133. of the Revised
Code.
Sec. 6103.11. Whenever the owners of all the lots and lands to be
benefited
by and to be assessed for any water supply or water-works system,
IMPROVEMENT provided for
in sections 6103.02 to 6103.30, inclusive, of the Revised Code THIS
CHAPTER, by petition in
writing, request the board of county commissioners to provide for the
ACQUISITION OR construction, maintenance, and operation of any
such THE improvement, describing
the improvement desired and the lots and lands owned by them
respectively to
be
assessed to pay the cost and OF ACQUISITION OR
CONSTRUCTION, maintenance, AND OPERATION of
such THE improvement, and consenting
that their said lots and lands may be assessed to pay the cost of
such THE ACQUISITION OR CONSTRUCTION OF THE
improvement and of ITS maintenance and operation as provided in such
sections THIS CHAPTER, and
waive notice and the publication of all resolutions and legal
notices provided
for in such sections OTHERWISE REQUIRED, the board shall
MAY have
THE COUNTY SANITARY ENGINEER PREPARE, OR OTHERWISE CAUSE TO BE
prepared, the necessary
plans,
specifications, and estimates ESTIMATE of cost of THE
ACQUISITION OR construction,
maintenance, and
operation thereof, OF THE IMPROVEMENT and a tentative
assessment. When all of the owners of the
lots and lands to be benefited by and assessed for the proposed improvement in
writing state, IN WRITING, that they have examined
the estimated ESTIMATE OF cost and tentative
assessment as made by the county sanitary engineer,
that they have no
objections thereto TO THEM, and that, in case
bonds are sold PROPOSED TO
BE ISSUED prior to the ACQUISITION OR construction
of the improvement, they waive their right or option to pay the
assessments in
cash, then the board shall MAY proceed, as
provided in such sections, THIS CHAPTER to construct
such CAUSE THE improvement TO BE ACQUIRED OR CONSTRUCTED and
make provisions TO CAUSE PROVISION TO BE MADE for the payment of
the cost of
ITS ACQUISITION OR construction, maintenance, and operation, as
provided in such sections, except
that none of the notices or publications OTHERWISE required by
law need be made nor any GIVEN AND NO
opportunity NEED be given PROVIDED for the filing of
objections to the improvement, ITS CHARACTER AND TERMINI, THE
BOUNDARIES OF THE ASSESSMENT DISTRICT, or to the
assessments, TENTATIVE ASSESSMENT or, if bonds have
been sold ARE ISSUED PRIOR TO THE
ACQUISITION OR CONSTRUCTION OF THE IMPROVEMENT, for paying the assessments
in cash,
and the. THE board shall forthwith MAY
proceed to authorize and issue bonds or
certificates INCUR PUBLIC OBLIGATIONS IN THE REQUIRED AMOUNT,
COMPLETE THE ACQUISITION OR CONSTRUCTION of indebtedness THE
IMPROVEMENT, and levy
and collect the assessments authorized
by
sections 6103.02 to 6103.30, inclusive, of the Revised Code, and no
THIS CHAPTER. NO person,
firm, or corporation PUBLIC AGENCY shall have the right to
appeal from any decision or
action of the board in the matter except refusal by the board to proceed with
such THE
improvement. The
THE tentative assessment provided for in this section shall be
for the information of property owners and shall not be LEVIED OR
certified
to the
county
auditor for collection. On completion of the work IMPROVEMENT,
the ITS cost thereof shall be
determined, including incidental expense as defined
in sections 6103.02 to
6103.30, inclusive, of the Revised Code,
and a revised assessment shall be
prepared by the COUNTY sanitary engineer SHALL PREPARE, OR
OTHERWISE CAUSE TO THE BE PREPARED, A REVISED
ASSESSMENT based on such THE actual cost and in
substantially the same proportion as the tentative assessment. The board
shall
confirm such AND LEVY THE revised assessment and certify the
same IT to the COUNTY auditor for
collection.
Sec. 6103.12. The cost of any improvement provided for in sections 6103.02
to
6103.30, inclusive, of the Revised Code, THIS CHAPTER and the cost
of the ITS maintenance and
operation thereof, shall include, in addition to the cost of ITS
ACQUISITION OR construction, the
cost of engineering, necessary publications, inspection, interest on
certificates of indebtedness or on bonds PUBLIC OBLIGATIONS, and
all other items of cost incident
to such THE improvement AS DESCRIBED IN DIVISION (B)
OF SECTION 133.15 of the Revised Code. The county may pay FROM AVAILABLE COUNTY
FUNDS any part of the cost of such THE
improvement and any part of the COST OF ITS maintenance and operation
thereof if the board
of county commissioners deems such CONSIDERS THE payment TO
BE just.
Sec. 6103.13. The cost and expense of the ACQUISITION OR
construction of a main, branch,
local or reinforcing pipe line and water supply FACILITIES to be
paid by assessments
shall
be assessed, as an assessment district assessment, upon all the
property within
said THE COUNTY SEWER district found to be benefited in
accordance with the special benefits
conferred, less such ANY part of said THE cost
as shall be THAT IS paid by the county at
large FROM OTHER AVAILABLE FUNDS.
State land so benefited and any state land benefited by pavement,
sidewalk,
sewage, or other improvement of value shall bear its proportion
PORTION of THE assessed
costs according to its special benefit COST.
Sec. 6103.15. The county sanitary engineer, upon the completion of any
improvement under sections 6103.02 to 6103.30, inclusive, of the Revised
Code IN ACCORDANCE WITH THIS CHAPTER,
shall prepare, OR OTHERWISE CAUSE TO BE PREPARED, and
SHALL present to the board of county commissioners, a
revised
assessment, based on the tentative assessment previously ratified by
the board
for such THE improvement, or, if such
THE tentative assessment has
been revised by
order
of court, BASED on such THE revised tentative assessment,
the assessment levied on each
piece of property being modified in substantially the same proportion as the
actual cost of the work IMPROVEMENT, including incidental costs,
bears to the
estimated
cost on which such THE tentative assessment was based. No
notice of such THE revised
assessment shall be given unless such THE actual cost exceeds
the estimated cost.
If the actual cost exceeds the estimated cost, notice shall be given TO
all
property owners within the assessment district and shall be published as
provided by section 6103.06 of the Revised Code for amendments of the
tentative
assessment, and any property owners OWNER may appeal as
provided
for in THE case of
A tentative assessments ASSESSMENT. The board shall
confirm such THE revised assessment, and,
when so confirmed, the same IT shall be final and conclusive.
If an appeal has
been made, such THAT confirmation shall be subject to the
finding of the court.
The
THE
board may, at such intervals as it deems
CONSIDERS expedient, assess MAY LEVY AN ADDITIONAL ASSESSMENT
ON the lots and
parcels
of land specified in said notice of assessment and levy taxes upon the
taxable
property of the district so improved ASSESSED FOR THE IMPROVEMENT,
INCLUDING STATE LAND, IN ORDER to pay the cost of the
maintenance, REPAIR, and
operation of any such THE
improvement, after ITS completion thereof, and no.
NO further
notice shall be necessary of such maintenance, repair, or
operation THAT ADDITIONAL assessment
SHALL BE NECESSARY unless the amount thereof OF IT
exceeds ten per cent of the original cost of the
construction ACQUIRING OR CONSTRUCTING THE IMPROVEMENT. If such
maintenance, repair, or operation THAT ADDITIONAL assessment
exceeds
ten
per cent of the original cost of the construction ACQUIRING OR
CONSTRUCTING THE IMPROVEMENT, the method and manner of
making such THAT ADDITIONAL assessment, together with the notice
thereof OF IT, shall be the same as
provided by sections 6103.02 to 6103.30, inclusive, of the Revised
Code, IN THIS CHAPTER for
the original assessment. THAT ADDITIONAL ASSESSMENT SHALL BE SUBJECT TO
ANY APPLICABLE PROVISIONS OF SECTION 6103.16 of the Revised Code, PROVIDED THAT THE
ASSESSMENT MAY BEAR INTEREST AT A RATE THAT THE BOARD DETERMINES TO BE
APPROPRIATE.
Sec. 6103.17. Whenever the legislative authority or board
of health, or the officers performing the duties of a legislative
authority or board of health, of a municipal corporation, the
board of health of a general health district, or a board of
township trustees makes complaint, in writing, to the director of
environmental protection AGENCY that unsafe water supply conditions
exist in any county, the AGENCY'S director shall forthwith
SHALL inquire into
and investigate the conditions complained of. If, upon
investigation of such THE complaint, the director finds
that it is
necessary for the public health and welfare that any improvement
mentioned in sections 6103.01 and 6103.02 of the Revised Code WATER
SUPPLY FACILITIES be
ACQUIRED OR constructed, maintained, and operated for the service
of TO SERVE
any
territory outside of municipal corporations in any county, the
director shall notify the board of county commissioners of such
THE
county of his THAT finding AND ORDER THAT CORRECTIVE ACTION
BE TAKEN. The board shall obey such THE order and
proceed, as provided in sections THIS CHAPTER AND SECTION
6117.01, 6117.02, and 6103.02 to
6103.30 of the Revised Code, to establish a COUNTY sewer
district, IF REQUIRED,
TO provide THE necessary funds, and TO ACQUIRE OR
construct such public water
supplies THE FACILITIES, or AND TO maintain,
repair, or AND operate the same FACILITIES, as
are
required by such THE order and in such A manner
as THAT is satisfactory to
the director. Any part OR ALL of the cost of such improvement
THE FACILITIES or
OF THE maintenance AND OPERATION OF THE FACILITIES may be
assessed upon the property benefited PROPERTIES as
provided in such sections THIS CHAPTER.
Sec. 6103.20. (A) At any time after the formation of any
COUNTY sewer district, the
board
of county commissioners, when deemed expedient IT CONSIDERS IT
APPROPRIATE, on application by a
corporation, individual, PERSON or public institution
AGENCY FOR THE SUPPLY OF WATER TO PROPERTIES OF THAT PERSON OR PUBLIC
AGENCY LOCATED outside of any THE district, may
contract with such corporation, individual, THE PERSON or public
institution AGENCY for
supplying
water to their premises THOSE PROPERTIES FROM WATER SUPPLY
FACILITIES ACQUIRED OR CONSTRUCTED OR TO BE ACQUIRED OR CONSTRUCTED BY THE
COUNTY TO SERVE THE
DISTRICT, on such terms as are THAT THE BOARD
CONSIDERS equitable, but the. THE amount to be
paid BY THE PERSON OR PUBLIC AGENCY TO REIMBURSE THE COUNTY FOR COSTS OF
ACQUIRING OR CONSTRUCTING THOSE FACILITIES shall not be less than the
original OR COMPARABLE assessment for similar property
within the district OR, IN THE ABSENCE OF AN ORIGINAL OR COMPARABLE
ASSESSMENT, AN AMOUNT THAT IS FOUND BY THE BOARD TO BE REASONABLE AND FAIRLY
REFLECTIVE OF THAT PORTION OF THE COST OF THOSE FACILITIES ATTRIBUTABLE TO THE
PROPERTIES TO BE SERVED. Such THE board in any such
case shall appropriate any moneys
received for such THAT service to and for the use and benefit of
such THE district.
When the THE board deems it necessary to contract with a
corporation, individual,
or public institution outside of any district for supplying water to their
premises from water supply lines constructed or to be constructed to serve
such
district, it shall so determine by resolution and may collect said
THE amount TO BE PAID BY THE PERSON OR PUBLIC AGENCY IN
FULL, in
cash OR IN INSTALLMENTS AS A PART OF A CONNECTION CHARGE TO BE COLLECTED IN
ACCORDANCE WITH DIVISION (F) OF SECTION 6103.02 of the Revised Code, or,
IF
THE PROPERTIES TO BE SERVED ARE LOCATED WITHIN THE COUNTY, the same
AMOUNT may be assessed against said lots or parcels of land
THOSE PROPERTIES, and,
IN THAT EVENT, the
manner of making such THE assessment, together with the notice
thereof OF IT, shall be
the same as provided in sections 6103.02 to 6103.30, inclusive,
of the
Revised Code, for the original assessment THIS CHAPTER.
(B) Whenever a water supply line has FACILITIES
HAVE been ACQUIRED OR constructed by, AND AT THE EXPENSE
OF, a corporation,
individual, PERSON or public institution at its own expense for
the purpose of
supplying water to any
allotment, development, subdivision, or similar enterprise, or to any
institution, AGENCY and it is deemed expedient by the board
CONSIDERS IT APPROPRIATE to
acquire said water
supply line THE FACILITIES or any part thereof OF
THEM for the purpose of supplying water to
territory
outside the allotment, subdivision, development, or other such enterprise
for
which such line was constructed, and such additional territory is within a
COUNTY SEWER district, the county sanitary engineer, AT THE
DIRECTION OF THE BOARD, shall examine it and if he THE
FACILITIES. IF THE COUNTY SANITARY ENGINEER finds
the same FACILITIES
properly designed and constructed, he
THE COUNTY SANITARY ENGINEER shall make an appraisal of its present
value to
the district as a means of supplying water to territory outside the allotment,
subdivision, development, or similar enterprise for which it was originally
constructed and shall certify such value THAT FACT to the
board. In such appraisal no
allowance shall be made for the value of such water
supply line to the territory for the service of which it was originally
constructed. THE
The board, by resolution, may determine to purchase said
water supply
line THE FACILITIES OR ANY PART OF THEM at
a cost not to exceed its present value as certified by THAT, AFTER
CONSULTATION WITH the COUNTY sanitary engineer, IT FINDS
TO BE REASONABLE.
For
SUBJECT TO AND IN ACCORDANCE WITH THIS DIVISION AND DIVISION (B)
OR
DIVISIONS (C), (D), AND (E) OF SECTION 6103.05
of the Revised Code, THE BOARD MAY PURCHASE THE FACILITIES OR ANY PART OF THEM BY
NEGOTIATION. FOR the purpose of paying for the water supply line
and the
maintenance
thereof COST OF THEIR ACQUISITION, the board may issue bonds
or certificates of indebtedness INCUR PUBLIC OBLIGATIONS and
assess
the ENTIRE cost, OR A LESSER DESIGNATED PART OF THE COST, OF
THEIR ACQUISITION against the benefited property PROPERTIES
in the same manner as provided by law IN THIS
CHAPTER
for the construction of an original water supply line OR
COMPARABLE FACILITIES.
Sec. 6103.21. At any time after the formation of any COUNTY sewer
district, the
board
of county commissioners may enter into a contract, upon such
THE terms and for such THE
period of time as are THAT IS mutually agreed upon, with
any municipal corporation or
any other county PUBLIC AGENCY to prepare ALL
necessary plans and estimates of cost and to
ACQUIRE OR construct any water supply improvement FACILITIES
THAT ARE to be used jointly by the contracting
parties, and to provide for the furnishing of water and for the
MAINTENANCE, OPERATION, AND joint use by
such THE contracting parties of such THOSE water
supply improvement FACILITIES or the MAINTENANCE, OPERATION,
AND joint use of
any suitable existing water supply or water mains SUPPLY
FACILITIES belonging to either of such THE CONTRACTING
parties.
Sec. 6103.22. All contracts under section 6103.21 of the
Revised Code shall provide for THE payment OF COMPENSATION to
the county or municipal
corporation OTHER PUBLIC AGENCY owning, ACQUIRING, OR
constructing, or agreeing to ACQUIRE OR construct, the
water supply improvement FACILITIES to be jointly used of
the IN AN amount agreed
upon as the other party's share of the cost of ACQUIRING OR
CONSTRUCTING the water
supply improvement FACILITIES. The contract also shall provide for
payment
OF COMPENSATION
to the county or municipal corporation OTHER PUBLIC AGENCY
owning, ACQUIRING, or constructing THE FACILITIES
and
OPERATING AND maintaining the improvement of the THEM IN
AN amount agreed upon for AS
the other party's share of the cost of operating and maintaining the
water supply improvement THEM, including the cost of water,
or, in lieu of
all other OR DIFFERING payments, an agreed price per unit for
water furnished.
A county or municipal corporation OTHER PUBLIC AGENCY owning,
ACQUIRING, OR constructing, or agreeing to
ACQUIRE OR construct a, ANY water supply
improvement FACILITIES and permitting the AGREEING TO
THEIR use of it by another
county or municipal corporation PUBLIC AGENCY shall retain full
control and management of
the ACQUISITION, construction, maintenance, repair, and
operation of the improvement, FACILITIES, UNLESS OTHERWISE PROVIDED
IN THE CONTRACT AND
except, IN THE CASE OF A COUNTY, when conveyed to a
municipal corporation as provided in this
section DIVISION (B) OF SECTION 6103.04 of the Revised Code.
A completed water supply or water-works system, as defined in
sections 6103.01 and 6103.02 of the Revised Code, for the use of
any sewer district, constructed under this chapter, and any part thereof,
located within any municipal corporation or within any area that may be
incorporated as a municipal corporation or annexed to an existing
municipal corporation, or that provides water for such an area, by mutual
agreement between the board of county commissioners and the municipal
corporation may be conveyed to the municipal corporation, which shall
thereafter maintain and operate the water supply or water-works. The board
may retain the right to joint use of the water supply or water-works for the
benefit of the district. The validity of any assessment that has been
levied or may be levied thereafter to provide means for the payment of the
cost of the construction or maintenance of the water supply or water-works or
any part of it shall not be affected by the conveyance.
Sec. 6103.23. The A county or municipal corporation
OTHER PUBLIC AGENCY contracting as provided in
sections 6103.20 to 6103.21 AND 6103.22,
inclusive, of
the Revised Code, for the joint use
of any water supply improvement FACILITIES ACQUIRED OR
constructed, or to be ACQUIRED OR constructed, by another
county or municipal corporation PUBLIC AGENCY may provide for
payment of the agreed
compensation by the levy of taxes, OR special
assessments, or FROM water rentals as
now
provided in RATES AND CHARGES, IF AND TO THE EXTENT THAT THE PUBLIC
AGENCY IS AUTHORIZED BY the laws governing such county or municipal
corporation IT in the ACQUISITION,
construction, maintenance, repair, or operation of a water
supply improvement FACILITIES TO PROVIDE FOR PAYMENT OF COSTS IN
RESPECT OF WHICH THE COMPENSATION IS DUE FROM THOSE SOURCES,
and may issue bonds OR INCUR PUBLIC OBLIGATIONS as provided by
such THOSE laws in anticipation of such taxes or
assessments AND PAY THE DEBT CHARGES ON THOSE OBLIGATIONS FROM THOSE
SOURCES, IF AND TO THE EXTENT SO AUTHORIZED.
Sec. 6103.24. The A county or municipal corporation
OTHER PUBLIC
AGENCY receiving the compensation
provided for in section 6103.22 of the Revised Code shall credit the amount so
received to the proper fund to be used and applied towards FOR
the ACQUISITION, construction, or
OPERATION AND maintenance, as the case may be, of
the
water supply improvement and other water
works to be jointly used FACILITIES OR FOR OTHER AUTHORIZED
PURPOSES.
Sec. 6103.25. Whenever, in the opinion of the board of county
commissioners, it
is necessary to procure ACQUIRE real estate, a right of
way, or an easement ANY INTEREST IN REAL ESTATE for the
ACQUISITION, construction, MAINTENANCE, or
operation of any water supply or other improvement FACILITIES
authorized
by sections 6103.02 to 6103.30, inclusive, of the Revised Code THIS
CHAPTER, or TO ACQUIRE the right
to ACQUIRE,
construct, maintain, and operate such water supply or other improvement
THOSE FACILITIES in and
upon any property within or without OUTSIDE OF a COUNTY
sewer district, it may purchase the
same REAL ESTATE, INTEREST IN REAL ESTATE, OR RIGHT BY
NEGOTIATION.
If such THE board and the owner thereof OF THE REAL
ESTATE, INTEREST IN REAL ESTATE, OR RIGHT are unable to agree upon its
purchase and
sale, or the amount of damage DAMAGES to be awarded
therefor FOR IT, the board may
appropriate
such THE real estate, right of way, easement
INTEREST, or
right, in accordance with
sections
163.01 to 163.22, inclusive, of the Revised Code, EXCEPT THAT
THE
BOARD, IN THE EXERCISE OF THE POWERS GRANTED BY THIS SECTION OR ANY OTHER
SECTION OF THIS CHAPTER, MAY
NOT APPROPRIATE REAL ESTATE OR PERSONAL PROPERTY OWNED BY A MUNICIPAL
CORPORATION. The board shall
perform all
acts and duties required to be performed by the mayor or legislative authority
of a municipal corporation by such laws and the passage of equivalent
resolutions and ordinances to be passed by the legislative authority of a
municipal corporation. In the construction, maintenance, and operation of any
water supply or waterworks system, as provided in sections 6103.02 to 6103.30,
inclusive, of the Revised Code, the necessary resolutions, waivers, and
notices, provided for in such sections, may be passed, made, and given at the
same time, or may be included in any similar resolution, waiver, or notice
passed, made, or given for the construction, maintenance, and operation of any
sewer or sewage disposal works in the same district.
Sec. 6103.29. No person OR PUBLIC AGENCY shall tamper with or damage
any water supply FACILITY ACQUIRED or water
main constructed BY A COUNTY under sections 6103.02 to 6103.30,
inclusive, of the Revised
Code, THIS CHAPTER or any apparatus or accessory connected
therewith WITH IT or pertaining
thereto. No person shall TO IT, OR make any connection INTO
OR with such THE water supply or water
main FACILITY, without THE permission of the board of
county commissioners, or make any such
connection in a manner or for a use other than as prescribed by
such THE board.
No person OR PUBLIC AGENCY shall refuse to permit the inspection by the
county sanitary
engineer
of any such connection or willfully cause the pollution of any water
supply. No person OR PUBLIC AGENCY shall violate sections 6103.02
to 6103.30, inclusive, of
the Revised Code ANY OTHER PROVISION OF THIS CHAPTER. All fines
collected under section 6103.99 of the Revised
Code shall be paid to the county treasurer and credited to such
THE fund as THAT the
board determines TO BE MOST APPROPRIATE AFTER CONSIDERATION OF THE NATURE
AND EXTENT OF THE PARTICULAR VIOLATIONS.
Sec. 6103.31. (A) If THE BOARD OF COUNTY COMMISSIONERS
DETERMINES BY RESOLUTION THAT the best interests of the county and the
users of a public
water supply FACILITIES of the county SERVING A SEWER DISTRICT
so require, the board of county commissioners may
sell or otherwise dispose of such public water supply THE
FACILITIES to another political
subdivision, PUBLIC AGENCY OR A person, firm, or private
corporation. The resolution declaring
the necessity therefor OF THAT DISPOSITION shall recite the
reason REASONS for the sale or OTHER disposition and
shall include ESTABLISH any conditions or terms of sale
which THAT the board imposes MAY IMPOSE,
including the proposed, BUT NOT LIMITED TO, A MINIMUM
sales price, IF A SALE IS PROPOSED, A REQUIREMENT FOR THE SUBMISSION
BY BIDDERS OF the
schedule of water rates and charges INITIALLY PROPOSED to
be imposed upon PAID BY THE users of the water supply
FACILITIES, and such other pertinent CONDITIONS OR terms
and
provisions relating to the sale or OTHER disposition of the
water supply as the
board
determines. THE RESOLUTION ALSO SHALL DESIGNATE A TIME AND PLACE FOR
THE HEARING OF OBJECTIONS TO THE SALE OR OTHER DISPOSITION BY THE
BOARD. Notice of the passage ADOPTION of the
resolution AND THE TIME AND PLACE OF THE HEARING shall be published
ONCE A WEEK
for
two
consecutive weeks, on the same day of the week, in a newspaper of
general
circulation in the sewer district and IN THE county served by the
public water supply
and a. THE public hearing ON THE SALE OR OTHER
DISPOSITION SHALL BE held thereon not less than twenty-four days
following
the
date of first publication of the notice of passage of the resolution.
Notice
of the passage of the resolution shall A COPY OF THE NOTICE also
SHALL be mailed SENT BY FIRST CLASS OR CERTIFIED MAIL, ON OR
BEFORE THE DATE OF THE SECOND PUBLICATION, to any
municipality PUBLIC AGENCY
within the water supply service area of the sewer district
SERVED BY THE FACILITIES. Five AT THE PUBLIC HEARING, OR AT
ANY ADJOURNMENT OF IT, OF WHICH NO FURTHER PUBLISHED OR MAILED NOTICE NEED BE
GIVEN, THE BOARD SHALL HEAR ALL INTERESTED PARTIES. A PERIOD OF FIVE days
shall
be
given following the date COMPLETION of THE hearing,
which may be adjourned from time to time,
for the filing of written objections by any interested person
PERSONS OR PUBLIC AGENCIES to the sale or OTHER
disposition of the public water supply, after which the board shall
consider
such ANY objections and by resolution determine whether or not
to proceed with the
sale or OTHER disposition of the public water supply. In the
event IF the board
determines to proceed with the sale or OTHER disposition of the
public water supply,
any interested person whose objection has been overruled may appeal to the
probate court of the county in the manner prescribed by sections 6117.09 to
6117.22, inclusive, of the Revised Code. An appeal may be taken with regard
to
any matter required by this section to be incorporated in the resolution of
necessity. The board of county commissioners, in proceeding with the sale or
disposition of the water supply, IT shall receive bids and
proceed in accordance
with section 6103.10 of the Revised Code for bidding, AFTER
advertising, and sale ONCE A WEEK FOR FOUR CONSECUTIVE WEEKS IN A
NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY AND, SUBJECT TO THE RIGHT OF
THE BOARD TO REJECT ANY OR ALL BIDS, MAY MAKE AN AWARD TO A RESPONSIBLE BIDDER
WHOSE PROPOSAL IS DETERMINED BY THE BOARD TO BE IN THE BEST INTERESTS OF THE
COUNTY AND THE USERS OF THE FACILITIES.
(B) A CONVEYANCE OF WATER SUPPLY FACILITIES BY A COUNTY TO A
MUNICIPAL CORPORATION, IN ACCORDANCE WITH DIVISION (B) OF SECTION
6103.04 of the Revised Code, MAY BE MADE WITHOUT REGARD TO DIVISION (A) OF THIS
SECTION.
Sec. 6103.40. IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE
AMENDMENTS MADE TO THIS CHAPTER BY SUB. H.B. 549 OF
THE 123rdGENERAL ASSEMBLY ARE SUBJECT TO SECTION 4 OF THAT ACT. THIS SECTION DOES
NOT AFFECT THE APPLICATION OF SECTION 3 OF THAT ACT TO SECTIONS 1 AND 2
OF THAT ACT.
Sec. 6117.01. (A) AS USED IN THIS CHAPTER:
(1) "SANITARY FACILITIES" MEANS SANITARY SEWERS, FORCE MAINS, LIFT OR
PUMPING STATIONS, AND FACILITIES FOR THE TREATMENT, DISPOSAL, IMPOUNDMENT, OR
STORAGE OF WASTES; EQUIPMENT AND FURNISHINGS; AND ALL REQUIRED APPURTENANCES
AND NECESSARY REAL ESTATE AND INTERESTS IN REAL ESTATE.
(2) "DRAINAGE" OR "WATERS" MEANS FLOWS FROM RAINFALL OR OTHERWISE PRODUCED
BY, OR RESULTING FROM, THE ELEMENTS, STORM WATER DISCHARGES AND RELEASES OR
MIGRATIONS OF WATERS FROM PROPERTIES, ACCUMULATIONS, FLOWS, AND OVERFLOWS OF
WATER, INCLUDING ACCELERATED FLOWS AND RUNOFFS, FLOODING AND THREATS OF
FLOODING OF PROPERTIES AND STRUCTURES, AND OTHER SURFACE AND SUBSURFACE
DRAINAGE.
(3) "DRAINAGE FACILITIES" MEANS STORM SEWERS, FORCE MAINS, PUMPING
STATIONS, AND FACILITIES FOR THE TREATMENT, DISPOSAL, IMPOUNDMENT, RETENTION,
CONTROL, OR STORAGE OF WATERS; IMPROVEMENTS OF OR FOR ANY CHANNEL, DITCH,
DRAIN, FLOODWAY, OR WATERCOURSE, INCLUDING LOCATION, CONSTRUCTION,
RECONSTRUCTION, RECONDITIONING, WIDENING, DEEPENING, CLEANING, REMOVAL OF
OBSTRUCTIONS, STRAIGHTENING, BOXING, CULVERTING, TILING, FILLING, WALLING,
ARCHING, OR CHANGE IN COURSE, LOCATION, OR TERMINUS;
IMPROVEMENTS OF OR FOR A RIVER, CREEK, OR RUN, INCLUDING REINFORCEMENT OF
BANKS, ENCLOSING, DEEPENING, WIDENING, STRAIGHTENING, REMOVAL OF OBSTRUCTIONS,
OR CHANGE IN COURSE, LOCATION, OR TERMINUS; FACILITIES FOR THE PROTECTION OF
LANDS FROM THE OVERFLOW OF WATER, INCLUDING A LEVEE, WALL, EMBANKMENT, JETTY,
DIKE, DAM, SLUICE, REVETMENT, RESERVOIR, RETENTION OR HOLDING BASIN, CONTROL
GATE, OR BREAKWATER; FACILITIES FOR CONTROLLED DRAINAGE, REGULATION OF STREAM
FLOW, AND PROTECTION OF AN OUTLET; THE VACATION OF A DITCH OR DRAIN; EQUIPMENT
AND FURNISHINGS; AND ALL REQUIRED APPURTENANCES AND NECESSARY REAL ESTATE AND
INTERESTS IN REAL ESTATE.
(4) "COUNTY SANITARY ENGINEER" MEANS
EITHER OF THE
FOLLOWING:
(a) THE REGISTERED PROFESSIONAL ENGINEER EMPLOYED OR APPOINTED BY
THE BOARD OF COUNTY COMMISSIONERS TO BE THE COUNTY SANITARY ENGINEER AS
PROVIDED IN SECTION 6117.01 OF THE REVISED CODE;
(b) THE COUNTY ENGINEER, IF, FOR AS LONG AS AND TO THE EXTENT
THAT ENGINEER BY
AGREEMENT ENTERED INTO UNDER SECTION 315.14 OF THE REVISED
CODE IS
RETAINED TO DISCHARGE DUTIES OF A COUNTY SANITARY ENGINEER UNDER THIS
CHAPTER.
(5) "CURRENT OPERATING EXPENSES," "DEBT CHARGES," "PERMANENT IMPROVEMENT,"
"PUBLIC OBLIGATIONS," AND "SUBDIVISION" HAVE THE SAME MEANINGS AS IN SECTION
133.01 of the Revised Code.
(6) "CONSTRUCT," "CONSTRUCTION," OR "CONSTRUCTING" MEANS CONSTRUCTION,
RECONSTRUCTION, ENLARGEMENT, EXTENSION, IMPROVEMENT, RENOVATION, REPAIR, AND
REPLACEMENT OF SANITARY OR DRAINAGE FACILITIES, BUT DOES NOT INCLUDE ANY
REPAIRS, REPLACEMENTS, OR SIMILAR ACTIONS THAT DO NOT CONSTITUTE AND QUALIFY
AS PERMANENT IMPROVEMENTS.
(7) "MAINTAIN," "MAINTAINING," OR "MAINTENANCE" MEANS REPAIRS,
REPLACEMENTS, AND SIMILAR ACTIONS THAT CONSTITUTE AND ARE PAYABLE AS CURRENT
OPERATING EXPENSES AND THAT ARE REQUIRED TO RESTORE SANITARY OR DRAINAGE
FACILITIES TO, OR TO CONTINUE SANITARY OR DRAINAGE FACILITIES IN, GOOD ORDER
AND WORKING CONDITION, BUT DOES NOT INCLUDE CONSTRUCTION OF PERMANENT
IMPROVEMENTS.
(8) "PUBLIC AGENCY" MEANS A STATE AND ANY AGENCY OR SUBDIVISION OF A
STATE, INCLUDING A COUNTY, A MUNICIPAL CORPORATION, OR OTHER SUBDIVISION.
(B) For the purpose of preserving and promoting
the public health and welfare, boards A BOARD of county
commissioners may
by resolution lay out, establish, CONSOLIDATE, OR OTHERWISE MODIFY
THE BOUNDARIES OF, and maintain, one or more sewer
districts within their respective counties, THE COUNTY AND
outside of municipal
corporations, and may have a registered professional engineer
make such THE surveys as are necessary for the
determination of the
proper boundaries of such EACH district. Each
district, WHICH shall be
designated by an appropriate name or number. Any THE board may
acquire, construct, maintain, and operate such main, branch,
intercepting, or local sewer, or ditch, channel, or interceptor
for the temporary retention of storm water, within any such
district, and such outlet sewer and sewage treatment or disposal
works within or without such district, as are necessary to care
for and conduct the sewage or surface water from any part of such
district to a proper outlet, so as to properly treat or dispose
of same. Any such
SANITARY OR DRAINAGE FACILITIES THAT IT DETERMINES TO BE NECESSARY OR
APPROPRIATE FOR THE COLLECTION OF SEWAGE AND OTHER WASTES ORIGINATING IN OR
ENTERING THE DISTRICT, TO COMPLY WITH THE PROVISIONS OF A CONTRACT ENTERED
INTO
FOR THE PURPOSES DESCRIBED IN SECTIONS 6117.41 TO 6117.44 of the Revised Code AND PURSUANT TO
THOSE SECTIONS OR OTHER APPLICABLE PROVISIONS OF LAW, OR FOR THE COLLECTION,
CONTROL, OR ABATEMENT OF WATERS ORIGINATING OR ACCUMULATING IN, OR FLOWING IN,
INTO, OR THROUGH, THE DISTRICT, AND OTHER SANITARY OR DRAINAGE FACILITIES,
WITHIN OR OUTSIDE OF THE DISTRICT, THAT IT DETERMINES TO BE NECESSARY OR
APPROPRIATE TO CONDUCT THE WASTES AND WATERS TO A PROPER OUTLET AND TO PROVIDE
FOR THEIR PROPER TREATMENT, DISPOSAL, AND DISPOSITION. THE BOARD MAY PROVIDE
FOR THE PROTECTION OF THE SANITARY AND DRAINAGE FACILITIES AND MAY NEGOTIATE
AND ENTER INTO A CONTRACT WITH ANY PUBLIC AGENCY OR PERSON FOR THE MANAGEMENT,
MAINTENANCE, OPERATION, AND REPAIR OF ANY OF THE FACILITIES ON BEHALF OF THE
COUNTY UPON THE TERMS AND CONDITIONS THAT MAY BE AGREED UPON WITH THE AGENCY
OR
PERSON AND THAT MAY BE DETERMINED BY THE BOARD TO BE IN THE BEST INTERESTS OF
THE COUNTY. BY CONTRACT WITH ANY PUBLIC AGENCY OR PERSON OPERATING SANITARY
OR
DRAINAGE FACILITIES WITHIN OR OUTSIDE
OF THE COUNTY, THE BOARD MAY PROVIDE A PROPER OUTLET FOR ANY
OF THE WASTES AND WATERS AND FOR THEIR PROPER TREATMENT, DISPOSAL, AND
DISPOSITION.
(C) THE
board OF COUNTY COMMISSIONERS may employ a registered professional
engineer TO BE THE COUNTY SANITARY ENGINEER for such THE
time and on such THE terms
as it deems CONSIDERS best, and
may authorize such registered professional THE COUNTY SANITARY
engineer to
employ
necessary assistants upon such THE terms as are fixed by
said THE board.
The PRIOR TO THE INITIAL ASSIGNMENT OF DRAINAGE FACILITIES DUTIES TO
THE COUNTY SANITARY ENGINEER, IF THE COUNTY SANITARY ENGINEER IS NOT THE
COUNTY ENGINEER, THE BOARD FIRST SHALL OFFER TO ENTER INTO AN
AGREEMENT WITH THE COUNTY ENGINEER PURSUANT TO SECTION 315.14 OF
THE REVISED CODE FOR ASSISTANCE IN THE PERFORMANCE OF THOSE
DUTIES
OF THE BOARD PERTAINING TO DRAINAGE FACILITIES, AND THE COUNTY ENGINEER SHALL
ACCEPT OR REJECT THE OFFER WITHIN THIRTY DAYS AFTER THE DATE THE OFFER IS
MADE.
THE board may create and maintain a sanitary engineering
department, to WHICH SHALL be under its supervision and in
charge of a
registered professional WHICH SHALL BE HEADED BY THE COUNTY
SANITARY engineer, to be appointed by such board,
for the purpose of aiding it in the performance of its duties
under sections 6117.01 to 6117.45 THIS CHAPTER AND CHAPTER
6103. of the Revised Code, or its
other duties regarding sanitation, DRAINAGE, AND WATER SUPPLY
provided by law. Said THE board
shall provide suitable rooms FACILITIES for the use of
such THE
department and
shall provide for and pay the compensation of such
registered
professional THE COUNTY SANITARY engineer and all AUTHORIZED
necessary expenses of such
registered professional THE COUNTY SANITARY engineer and THE
SANITARY ENGINEERING department which are
authorized by such board. Any such registered
professional THE COUNTY SANITARY
engineer in charge of such department, with the approval of
the
board, may appoint necessary assistants and clerks, and the
compensation of any such THOSE assistants and clerks shall be
fixed PROVIDED FOR and
paid by such THE board. The
(D) THE board OF COUNTY COMMISSIONERS may adopt,
publish, administer,
and enforce rules for the construction, maintenance, protection,
and use of sewers COUNTY-OWNED OR COUNTY-OPERATED SANITARY and
sewer improvements in its county DRAINAGE FACILITIES outside
of
municipal corporations, and of sewers SANITARY and sewer
improvements DRAINAGE FACILITIES
within municipal corporations in its county wherever such sewers
THAT
are constructed OWNED or operated by such board THE
COUNTY or THAT discharge into
sewers or sewage treatment plants constructed SANITARY OR DRAINAGE
FACILITIES OWNED or operated by such
board THE COUNTY, including, BUT NOT LIMITED TO, RULES
FOR the establishment and use of ANY connections, THE
TERMINATION IN ACCORDANCE WITH REASONABLE PROCEDURES OF SANITARY SERVICE
FOR THE NONPAYMENT OF COUNTY SANITARY RATES AND CHARGES AND, IF SO DETERMINED,
THE CONCURRENT TERMINATION OF ANY COUNTY WATER SERVICE FOR THE NONPAYMENT OF
THOSE RATES AND CHARGES, THE TERMINATION IN ACCORDANCE WITH REASONABLE
PROCEDURES OF DRAINAGE SERVICE FOR THE NONPAYMENT OF COUNTY DRAINAGE RATES AND
CHARGES, AND THE ESTABLISHMENT AND USE OF SECURITY DEPOSITS TO THE EXTENT
CONSIDERED NECESSARY TO ENSURE THE PAYMENT OF COUNTY SANITARY OR DRAINAGE
RATES
AND CHARGES. Such THE
rules shall not be inconsistent with the laws of this state or
the ANY APPLICABLE rules of the director of environmental
protection. No sewers
or sewage treatment works
(E) NO SANITARY OR DRAINAGE FACILITIES shall be constructed
in any county
outside of municipal corporations by any person, firm, or
corporation until the plans and specifications for the same have
been approved by the board OF COUNTY COMMISSIONERS, and any such
construction shall be
done under the supervision of the county sanitary engineer. NOT LESS THAN
THIRTY DAYS BEFORE THE DATE DRAINAGE PLANS ARE
SUBMITTED TO THE BOARD FOR ITS APPROVAL, THE PLANS SHALL BE SUBMITTED TO
THE COUNTY ENGINEER. IF THE COUNTY ENGINEER IS OF THE OPINION
AFTER REVIEW THAT THE FACILITIES WILL HAVE A SIGNIFICANT ADVERSE EFFECT
ON ROADS, CULVERTS, BRIDGES, OR EXISTING MAINTENANCE WITHIN THE
COUNTY, THE COUNTY ENGINEER MAY SUBMIT A WRITTEN OPINION TO THE
BOARD NOT LATER THAN THIRTY DAYS AFTER THE DATE THE PLANS ARE
SUBMITTED TO THE COUNTY ENGINEER. THE BOARD MAY TAKE ACTION
RELATIVE TO THE DRAINAGE PLANS ONLY AFTER THE EARLIEST OF
RECEIVING THE WRITTEN OPINION OF THE COUNTY ENGINEER, RECEIVING A
WRITTEN WAIVER OF SUBMISSION OF AN OPINION FROM THE COUNTY
ENGINEER, OR PASSAGE OF THIRTY DAYS FROM THE DATE THE PLANS ARE
SUBMITTED TO THE COUNTY ENGINEER. Any
person, firm, or corporation proposing or constructing such
improvements THE FACILITIES shall pay to the county all expenses
incurred by the
board in connection therewith WITH THE CONSTRUCTION. The
(F) THE county sanitary engineer OR THE COUNTY SANITARY
ENGINEER'S AUTHORIZED ASSISTANTS OR AGENTS, WHEN PROPERLY IDENTIFIED IN
WRITING OR OTHERWISE AND AFTER WRITTEN NOTICE IS DELIVERED TO THE OWNER AT
LEAST FIVE DAYS IN ADVANCE OR IS MAILED AT LEAST FIVE DAYS IN ADVANCE BY FIRST
CLASS OR CERTIFIED MAIL TO THE OWNER'S TAX MAILING ADDRESS, may
enter upon any public or private property for the purpose of
making, AND MAY MAKE, surveys or examinations
INSPECTIONS necessary for the laying out of
sewer districts or designing sewers or treatment works, and may
make such surveys and examinations THE DESIGN OR EVALUATION OF COUNTY
SANITARY OR DRAINAGE FACILITIES. THIS ENTRY IS NOT A TRESPASS AND IS NOT TO
BE CONSIDERED AN ENTRY IN CONNECTION WITH ANY APPROPRIATION OF PROPERTY
PROCEEDINGS UNDER SECTIONS 163.01 TO 163.22 OF THE REVISED
CODE THAT MAY BE PENDING. No person, firm, or
corporation PUBLIC AGENCY shall forbid or interfere with
the county sanitary
engineer or his THE COUNTY SANITARY ENGINEER'S authorized
assistants
entering OR AGENTS TO ENTER, OR INTERFERE WITH THEIR
ENTRY, upon such THE property for such
THAT purpose or FORBID OR INTERFERE WITH THEIR making
such OF surveys or
examinations INSPECTIONS. If actual damage is done to property
by the making of such THE
surveys and examinations INSPECTIONS, the board shall pay the
reasonable value of
such THE damage to the PROPERTY owner of the property
damaged, and such THE cost
shall be included in the assessment upon the property benefited
by the improvement for which such surveys and examinations are
made COST OF THE FACILITIES AND MAY BE INCLUDED IN ANY SPECIAL
ASSESSMENTS TO
BE LEVIED AND COLLECTED TO PAY THAT COST.
Sec. 6117.011. Boards A BOARD of county commissioners IN THE
MANNER PROVIDED IN THIS SECTION may make surveys
of water works or sewerage systems SUPPLY, SANITARY, OR DRAINAGE
FACILITIES for any sewer district, the ACQUISITION OR
construction, improvement, enlargement, or repair of which is
contemplated, and they may proceed in the manner provided in
this section.
Any board desiring to make such a survey shall adopt a
resolution declaring the ITS purpose and necessity
therefor. In
making such THE surveys, such THE board may call
upon engineering
officers or employees regularly employed by the board, or may
authorize and enter into contracts for the services of
registered professional engineers to make such THE surveys.
The surveys authorized by this section may include drawings,
plans, specifications, estimates of cost of labor and materials,
and other items of cost, assessment rolls, and such other
facts,
material, data, reports, and other information and
recommendations as THAT the board deems CONSIDERS
advisable or necessary for
the planning and construction of the improvement proposed or the
enlargement, improvement, replacement, or repair of an existing
improvement PURPOSE.
Agreements CONTRACTS entered into for such THE
surveys shall be deemed CONSIDERED
contracts for professional services and may provide for
preliminary surveys or the making of detailed plans, or both,
and may also MAY provide for engineer- ENGINEERING
supervision of the work. No
such contract shall be valid unless one or more of the services
to be performed thereunder are by its terms to be commenced
within one year after the contract date.
Such THE contracts shall be executed in triplicate and shall
be
signed by AT LEAST TWO MEMBERS OF the board and by the engineer
agreeing to perform such THE
service, and one SIGNED copy thereof OF THE CONTRACT
shall be filed with the fiscal
officer of the county, whose certificate as provided in,
OTHERWISE REQUIRED BY section
5705.41 of the Revised Code shall, NEED not be
required PROVIDED. Payment
therefor FOR THE CONTRACTS may be made from the general fund or
any other fund
legally available for such THAT use at such THE
times as THAT are agreed upon
or as determined by the board, and, where bonds or notes are
sold. THE PROCEEDS OF ANY PUBLIC OBLIGATIONS ISSUED PURSUANT TO
SECTION 6119.36 OF THE REVISED CODE OR ANY OTHER PUBLIC
OBLIGATIONS ISSUED OR INCURRED to pay the cost of work
FACILITIES to which such A survey related, such
funds RELATES may be used to pay any part of the
consideration COST under
such contract THE CONTRACTS or to reimburse the fund from which
payment was
made.
Sec. 6117.02. (A) The board of county commissioners shall
fix reasonable rates to be charged, INCLUDING PENALTIES FOR
LATE PAYMENTS, for the use, OR THE AVAILABILITY FOR
USE, of the sewers or
sewerage treatment or disposal works referred to in section
6117.01 of the Revised Code SANITARY FACILITIES OF A SEWER DISTRICT TO
BE PAID by every person, firm, or corporation AND PUBLIC
AGENCY
whose premises are served, OR CAPABLE OF BEING SERVED, by
a connection DIRECTLY OR INDIRECTLY to
such sewers or
sewerage treatment or disposal works THOSE FACILITIES when such
sewers or sewerage
treatment or disposal works THOSE FACILITIES are owned or operated
by the county,
and may change such THE rates FROM TIME TO TIME as it
deems CONSIDERS advisable. Such rates
shall be at least sufficient to pay all the cost of operation and
maintenance of improvements for which the resolution declaring
the necessity thereof shall be passed after July 1, 1958 and may
include, upon billing, additional amounts attributable to
connection charges being paid in installments. When the sewerage
treatment or disposal works is SANITARY FACILITIES TO BE USED BY THE
COUNTY ARE owned by a municipal corporation ANOTHER PUBLIC
AGENCY
or any person, firm, or private corporation the schedule of
rates
to be charged by such municipal corporation, THE PUBLIC AGENCY
OR person, firm, or
private corporation for the use of such THE facilities BY
THE COUNTY, OR THE FORMULA OR OTHER PROCEDURE FOR THEIR
DETERMINATION, shall be
ratified APPROVED by the board at the time any IT
ENTERS INTO A contract is entered into
for such THAT use. The
(B) THE board shall also SHALL establish
reasonable charges
to be collected for the privilege of connecting to the sewers or
sewerage treatment of disposal works SANITARY FACILITIES of the
district, with
the
requirement that, prior to such THE connection, such
THE charges shall
either be paid in full, or, if determined BY THE BOARD to be
equitable by the
board in its A resolution providing for RELATING
TO the payment of such THE
charges, provision deemed CONSIDERED adequate by the board shall
be made for THEIR
payment in installments at such THE times and, in
such
THE amounts, and
with such THE security, carrying charges, or AND
penalties as may be
found by the board in such THAT resolution to be fair and
appropriate,
and no. NO PUBLIC AGENCY OR person shall be permitted to
connect to the sewers or
sewerage treatment or disposal works of the district THOSE
FACILITIES until such THE
charges have been paid in full, or until such provision for
THEIR
payment in installments has been made. If THE connection charges are
to be paid in installments, the board shall certify to the county
auditor information sufficient to identify each parcel of
property served by the A connection AND, WITH RESPECT
TO EACH PARCEL, the total of the charges to be
paid in installments, the amount of each installment, and the
total number of installments to be paid. The auditor shall
record AND MAINTAIN the information supplied in the sewer improvement
record PROVIDED FOR IN SECTION 6117.33 OF THE REVISED
CODE
until the connection charges are paid in full. When THE BOARD MAY
INCLUDE AMOUNTS ATTRIBUTABLE TO CONNECTION CHARGES BEING PAID IN INSTALLMENTS
IN ITS BILLINGS OF RATES AND CHARGES FOR THE USE OF SANITARY FACILITIES.
(C) WHEN any rents OF THE SANITARY RATES or
charges are not paid when due, the board shall certify the same MAY
DO ANY OR ALL OF THE FOLLOWING AS IT CONSIDERS APPROPRIATE:
(1) CERTIFY THE UNPAID RATES OR CHARGES,
together with any penalties, to the county auditor, who shall
place them upon the real property tax list and duplicate against
the property served by such THE connection. Such rents and
charges THE CERTIFIED AMOUNT
shall be a lien on such THE property from the date the same
are
placed upon ON the real property tax list and duplicate by
the
auditor and shall be collected in the same manner as other
taxes, EXCEPT THAT, NOTWITHSTANDING SECTION 323.15 OF THE
REVISED CODE, A COUNTY TREASURER SHALL ACCEPT A PAYMENT IN
THAT AMOUNT WHEN SEPARATELY TENDERED AS PAYMENT FOR THE FULL AMOUNT OF THE
UNPAID SANITARY RATES OR CHARGES AND ASSOCIATED PENALTIES. THE LIEN SHALL BE
RELEASED IMMEDIATELY UPON PAYMENT IN FULL OF THE CERTIFIED AMOUNT.
(2) COLLECT THE UNPAID RATES OR CHARGES, TOGETHER WITH ANY PENALTIES, BY
ACTIONS AT LAW IN THE NAME OF THE COUNTY FROM AN OWNER, TENANT, OR OTHER
PERSON OR PUBLIC AGENCY THAT IS LIABLE FOR THE PAYMENT OF THE RATES OR
CHARGES;
(3) TERMINATE, IN ACCORDANCE WITH ESTABLISHED RULES, THE SANITARY SERVICE
TO THE PARTICULAR PROPERTY AND, IF SO DETERMINED, ANY COUNTY WATER SERVICE TO
THAT PROPERTY, UNLESS AND UNTIL THE UNPAID SANITARY RATES OR CHARGES, TOGETHER
WITH ANY PENALTIES, ARE PAID IN FULL;
(4) APPLY, TO THE EXTENT REQUIRED, ANY SECURITY DEPOSIT MADE IN ACCORDANCE
WITH ESTABLISHED RULES TO THE PAYMENT OF SANITARY RATES AND CHARGES FOR
SERVICE TO THE PARTICULAR PROPERTY. All
ALL
moneys collected as rents for use of such sewers or sewerage
treatment or disposal works or as connection SANITARY RATES,
charges in, OR PENALTIES FIXED OR ESTABLISHED IN ACCORDANCE
WITH DIVISIONS (A) AND (B) OF THIS SECTION FOR any sewer
district shall be paid to the county treasurer and kept in a
separate and distinct SANITARY fund ESTABLISHED BY THE BOARD to
the credit of
such THE district.
Except as otherwise provided in any resolution PROCEEDINGS
authorizing or
providing for the security FOR and payment of any bonds outstanding
on July 1, 1958, or thereafter issued PUBLIC OBLIGATIONS, or in any
indenture or
trust OR OTHER agreement securing such bonds PUBLIC
OBLIGATIONS, such MONEYS IN THE SANITARY fund shall be
used APPLIED
first for TO the payment of the cost of the management,
maintenance,
and operation of the sewers of the district and sewerage
treatment or disposal works SANITARY FACILITIES OF, OR used
by OR OPERATED FOR, the
district, which cost may
include THE COUNTY'S SHARE OF MANAGEMENT, MAINTENANCE, AND OPERATION COSTS
UNDER COOPERATIVE CONTRACTS FOR THE ACQUISITION, CONSTRUCTION, OR USE OF
SANITARY FACILITIES AND, in accordance with a cost allocation plan adopted
under
division (B)(E) of this section, payment of all allowable
direct and
indirect costs of the district, the COUNTY sanitary engineer or
sanitary
engineering department, or a federal or state grant program,
incurred for the SANITARY purposes of UNDER this
chapter;, and shall be used APPLIED
second for TO the payment of interest or principal of
DEBT CHARGES PAYABLE ON any
outstanding debt PUBLIC OBLIGATIONS ISSUED OR incurred for the
ACQUISITION OR construction of such sewers or
sewerage treatment or disposal works SANITARY FACILITIES FOR OR SERVING
THE DISTRICT, or for the creation FUNDING of a
sinking BOND RETIREMENT OR OTHER fund ESTABLISHED for the
payment of such debt OR SECURITY FOR THE OBLIGATIONS. Any
surplus
thereafter remaining in such fund may be used for
APPLIED TO the
enlargement, extension or replacement ACQUISITION OR
CONSTRUCTION of such sewers and sewerage
treatment or disposal works THOSE FACILITIES OR FOR THE PAYMENT OF
CONTRIBUTIONS TO BE MADE, OR COSTS INCURRED, FOR THE ACQUISITION OR
CONSTRUCTION OF THOSE FACILITIES UNDER COOPERATIVE CONTRACTS. Money so
collected MONEYS IN THE SANITARY FUND shall not be
expended otherwise OTHER than for the use and benefit of
such THE district.
No provision of this section shall limit or restrict the power
and discretion of the board to determine how much of the cost of
such improvements shall be borne by the county at large and how
much shall be specially assessed upon benefited properties, nor
the power to issue notes and bonds for the share to be borne by
the county and in anticipation of the levy or collection of
special assessments for the share to be specially assessed, nor
the power of the board to levy special assessments upon benefited
properties for operation and maintenance whenever the rents and
other funds available are not sufficient to pay all the cost
thereof.
(B)(D) THE BOARD MAY FIX REASONABLE RATES AND CHARGES,
INCLUDING CONNECTION CHARGES AND PENALTIES FOR LATE PAYMENTS, TO BE PAID BY
ANY PERSON OR PUBLIC AGENCY OWNING OR HAVING POSSESSION OR CONTROL OF ANY
PROPERTIES THAT ARE CONNECTED WITH, CAPABLE OF BEING SERVED BY, OR OTHERWISE
SERVED DIRECTLY OR INDIRECTLY
BY, DRAINAGE FACILITIES OWNED OR OPERATED BY OR UNDER THE JURISDICTION OF THE
COUNTY, INCLUDING, BUT NOT LIMITED TO, PROPERTIES REQUIRING, OR LYING WITHIN
AN AREA OF THE DISTRICT REQUIRING, IN THE JUDGMENT OF THE BOARD, THE
COLLECTION,
CONTROL, OR ABATEMENT OF WATERS ORIGINATING OR ACCUMULATING IN, OR FLOWING IN,
INTO, OR THROUGH, THE DISTRICT, AND MAY CHANGE THOSE RATES AND CHARGES FROM
TIME TO TIME AS IT CONSIDERS ADVISABLE. THE RATES AND CHARGES SHALL BE
PAYABLE PERIODICALLY AS DETERMINED BY THE BOARD, EXCEPT THAT ANY CONNECTION
CHARGES SHALL BE PAID IN FULL IN ONE PAYMENT, OR, IF DETERMINED BY THE BOARD
TO BE EQUITABLE IN A RESOLUTION RELATING TO THE PAYMENT OF THOSE CHARGES,
PROVISION CONSIDERED ADEQUATE BY THE BOARD SHALL BE MADE FOR THEIR PAYMENT IN
INSTALLMENTS AT THE TIMES, IN THE AMOUNTS, AND WITH THE SECURITY, CARRYING
CHARGES, AND PENALTIES AS MAY BE FOUND BY THE BOARD IN THAT RESOLUTION TO BE
FAIR AND APPROPRIATE. THE BOARD MAY INCLUDE AMOUNTS ATTRIBUTABLE TO
CONNECTION CHARGES BEING PAID IN INSTALLMENTS IN ITS BILLINGS OF RATES AND
CHARGES FOR THE SERVICES PROVIDED BY THE DRAINAGE FACILITIES.
WHEN ANY OF THE DRAINAGE RATES OR CHARGES ARE NOT PAID WHEN DUE, THE BOARD
MAY DO ANY OR ALL OF THE FOLLOWING AS IT CONSIDERS APPROPRIATE:
(1) CERTIFY THE UNPAID RATES OR CHARGES, TOGETHER WITH ANY PENALTIES, TO
THE COUNTY AUDITOR, WHO SHALL PLACE THEM UPON THE REAL PROPERTY TAX LIST AND
DUPLICATE AGAINST THE PROPERTY TO WHICH THE RATES OR CHARGES APPLY. THE
CERTIFIED AMOUNT SHALL BE A LIEN ON THE PROPERTY FROM THE DATE PLACED ON THE
REAL PROPERTY TAX LIST AND DUPLICATE AND SHALL BE COLLECTED IN THE SAME MANNER
AS TAXES, EXCEPT THAT NOTWITHSTANDING SECTION 323.15 OF THE REVISED
CODE, A COUNTY TREASURER SHALL ACCEPT A PAYMENT IN THAT AMOUNT WHEN
SEPARATELY TENDERED AS PAYMENT FOR THE FULL AMOUNT OF THE UNPAID DRAINAGE
RATES OR CHARGES AND ASSOCIATED PENALTIES. THE LIEN SHALL BE RELEASED
IMMEDIATELY UPON PAYMENT IN FULL OF THE CERTIFIED AMOUNT.
(2) COLLECT THE UNPAID RATES OR CHARGES, TOGETHER WITH ANY PENALTIES, BY
ACTIONS AT LAW IN THE NAME OF THE COUNTY FROM AN OWNER, TENANT, OR OTHER
PERSON OR PUBLIC AGENCY THAT IS LIABLE FOR THE PAYMENT OF THE RATES OR
CHARGES;
(3) TERMINATE, IN ACCORDANCE WITH ESTABLISHED RULES, THE DRAINAGE SERVICE
FOR THE PARTICULAR PROPERTY UNTIL THE UNPAID RATES OR CHARGES, TOGETHER WITH
ANY PENALTIES, ARE PAID IN FULL;
(4) APPLY, TO THE EXTENT REQUIRED, ANY SECURITY DEPOSIT MADE IN ACCORDANCE
WITH ESTABLISHED RULES TO THE PAYMENT OF DRAINAGE RATES AND CHARGES APPLICABLE
TO THE PARTICULAR PROPERTY.
ALL MONEYS COLLECTED AS DRAINAGE RATES, CHARGES, OR PENALTIES IN OR FOR
ANY SEWER DISTRICT SHALL BE PAID TO THE COUNTY TREASURER AND KEPT IN A
SEPARATE AND DISTINCT DRAINAGE FUND ESTABLISHED BY THE BOARD TO THE CREDIT OF
THE DISTRICT. EXCEPT AS OTHERWISE PROVIDED IN ANY PROCEEDINGS AUTHORIZING OR
PROVIDING FOR THE SECURITY FOR AND PAYMENT OF ANY PUBLIC OBLIGATIONS, OR IN
ANY INDENTURE OR TRUST OR OTHER AGREEMENT SECURING PUBLIC OBLIGATIONS, MONEYS
IN THE DRAINAGE FUND SHALL BE APPLIED FIRST TO THE PAYMENT OF THE COST OF THE
MANAGEMENT, MAINTENANCE, AND OPERATION OF THE DRAINAGE FACILITIES OF, OR USED
OR OPERATED FOR, THE DISTRICT, WHICH COST MAY INCLUDE THE COUNTY'S SHARE OF
MANAGEMENT, MAINTENANCE, AND OPERATION COSTS UNDER COOPERATIVE CONTRACTS FOR
THE ACQUISITION, CONSTRUCTION, OR USE OF DRAINAGE FACILITIES AND, IN
ACCORDANCE WITH A COST ALLOCATION PLAN ADOPTED UNDER DIVISION (E) OF
THIS SECTION, PAYMENT OF ALL ALLOWABLE DIRECT AND INDIRECT COSTS OF THE
DISTRICT, THE COUNTY SANITARY ENGINEER OR SANITARY ENGINEERING DEPARTMENT, OR
A FEDERAL OR STATE GRANT PROGRAM, INCURRED FOR DRAINAGE PURPOSES UNDER THIS
CHAPTER, AND SHALL BE APPLIED SECOND TO THE PAYMENT OF DEBT CHARGES PAYABLE ON
ANY OUTSTANDING PUBLIC OBLIGATIONS ISSUED OR INCURRED FOR THE ACQUISITION OR
CONSTRUCTION OF DRAINAGE FACILITIES FOR OR SERVING THE DISTRICT, OR FOR THE
FUNDING OF A BOND RETIREMENT OR OTHER FUND ESTABLISHED FOR THE PAYMENT OF OR
SECURITY FOR THE OBLIGATIONS. ANY SURPLUS REMAINING MAY BE APPLIED TO THE
ACQUISITION OR CONSTRUCTION OF THOSE FACILITIES OR FOR THE PAYMENT OF
CONTRIBUTIONS TO BE MADE, OR COSTS INCURRED, FOR THE ACQUISITION OR
CONSTRUCTION OF THOSE FACILITIES UNDER COOPERATIVE CONTRACTS. MONEYS IN THE
DRAINAGE FUND SHALL NOT BE EXPENDED OTHER THAN FOR THE USE AND BENEFIT OF THE
DISTRICT.
(E) A board of county commissioners may adopt a cost
allocation plan that identifies, accumulates, and distributes
allowable direct and indirect costs that may be paid from EACH OF the
fund FUNDS of the district created in division (A)
PURSUANT TO DIVISIONS (C) AND (D) of this
section, and THAT
prescribes methods for allocating those costs. The plan shall
authorize payment from the fund for EACH OF THOSE FUNDS OF only
those costs incurred by
the district, the COUNTY sanitary engineer or sanitary engineering
department, or a federal or state grant program, and those costs
incurred by the general and other funds of the county for a
common or joint purpose, that are necessary and reasonable for
the proper and efficient administration of the district under
this chapter AND PROPERLY ATTRIBUTABLE TO THE PARTICULAR FUND OF THE
DISTRICT. The plan shall not authorize payment from EITHER OF the
fund FUNDS
of any general government expense required to carry out the
overall governmental responsibilities of a county. The plan
shall conform to United States office of management and budget
Circular A-87, "Cost Principles for State and, Local,
AND INDIAN TRIBAL Governments,"
published January 15 MAY 17, 1983
1995.
Sec. 6117.04. The authority of the A board of county
commissioners to provide sewer improvements and to ACQUIRE,
CONSTRUCT, maintain, and
operate the same within SANITARY OR DRAINAGE FACILITIES FOR A
COUNTY sewer
districts which include a part or
all of DISTRICT IN the territory within one or more OF
A municipal
corporations CORPORATION, OR A REGIONAL DISTRICT ESTABLISHED UNDER
CHAPTER 6119. OF THE REVISED CODE, THAT IS IN WHOLE
OR IN PART WITHIN THE COUNTY SEWER DISTRICT is
the same as provided by law WITH RESPECT TO TERRITORY within
districts A COUNTY SEWER DISTRICT THAT IS wholly outside
of
A
municipal corporations, including the levying of assessments.
Such authority shall be limited to main works only, and does not
include CORPORATION OR A REGIONAL DISTRICT, SUBJECT TO THE FOLLOWING IN
THE CASE OF FACILITIES WITHIN A MUNICIPAL CORPORATION:
(A) THE ACQUISITION, construction and,
maintenance, AND OPERATION of
lateral sewers for local
service within such THE FACILITIES SHALL FIRST BE AUTHORIZED BY AN
ORDINANCE OR RESOLUTION OF THE LEGISLATIVE AUTHORITY OF THE municipal
corporation. All
(B) ALL road surfaces,
curbs, sidewalks, sewers, water pipes SUPPLY FACILITIES, or
other public IMPROVEMENTS OR property THAT MAY BE
disturbed or damaged by such THE construction OF THE
FACILITIES shall be REPLACED OR restored to
their original condition within a reasonable time by the board
COUNTY,
and the cost thereof shall be TREATED AS a part of the cost of
such
improvement. After such main works are constructed, such THE
FACILITIES.
(C) THE
municipal corporation, WITH THE PRIOR APPROVAL OF OR BY AGREEMENT
WITH THE BOARD, may MAKE use OF the same as an
outlet for branch
and local sewers constructed by it for the service and use only
of that part of the municipal corporation which lies within the
area assessed or to be assessed for the cost of such main works,
subject to such FACILITIES IN ACCORDANCE WITH rules and
regulations as are
established by the
board and subject to all ANY APPLICABLE requirements of the
director of
environmental protection.
At any time after a district is established comprising or
including a part or all of the territory within any municipal
corporation, its legislative authority may by ordinance or
resolution authorize the board to proceed with the construction
or the maintenance, repair, and operation of any sewer
improvement for local service within such municipal corporation.
After such authority has been granted, the board may proceed with
the construction or the maintenance and operation of said
improvements in the same manner as provided by law for
improvements in districts wholly outside of municipal
corporations, under the same restrictions as provided in this
section for main works.
Sec. 6117.05. (A) Whenever any portion of a sewer district is
incorporated as, or annexed to, a municipal corporation, the
area so incorporated or annexed shall remain under the
jurisdiction of the board of county commissioners for sewerage
purposes, OF THE ACQUISITION AND CONSTRUCTION OF SANITARY AND
DRAINAGE FACILITY IMPROVEMENTS until all sewerage OF THOSE
improvements for said THE area for
which detailed plans have been prepared and the A resolution
declaring the necessity thereof DESCRIBED IN DIVISION (A)
OR (E) OF SECTION 6117.06 OF THE REVISED CODE
has been adopted
by the board
have been ACQUIRED OR completed, or until the board has
abandoned such
projects THE IMPROVEMENTS. Such THE BOARD, UNLESS AND
UNTIL A CONVEYANCE IS MADE TO A MUNICIPAL CORPORATION IN ACCORDANCE WITH
DIVISION (B) OF THIS SECTION, SHALL CONTINUE TO HAVE JURISDICTION IN
THE AREA SO INCORPORATED OR ANNEXED WITH RESPECT TO THE MANAGEMENT,
MAINTENANCE, AND
OPERATION OF ALL SANITARY AND DRAINAGE FACILITIES SO ACQUIRED OR COMPLETED, OR
PREVIOUSLY ACQUIRED OR COMPLETED, INCLUDING THE RIGHT TO ESTABLISH RULES AND
RATES AND CHARGES FOR THE USE OF, AND CONNECTIONS TO, THE FACILITIES. THE
incorporation or annexation of any part of a
district shall not interfere with or render illegal any issue of
bonds or certificate of indebtedness made AFFECT THE LEGALITY OR
ENFORCEABILITY OF ANY PUBLIC OBLIGATIONS ISSUED OR INCURRED by the
board COUNTY FOR PURPOSES OF THIS CHAPTER to
provide for the payment of the cost of ACQUISITION, construction
and,
maintenance, OR OPERATION of any sewer improvement
SANITARY OR DRAINAGE FACILITIES within such THE area, or
with THE VALIDITY OF
any assessments levied or to be levied upon the property
PROPERTIES within
such THE area to provide for the payment of the cost of
ACQUISITION, construction
and, maintenance, OR OPERATION OF THE FACILITIES.
(B) ANY COMPLETED SANITARY OR DRAINAGE FACILITIES ACQUIRED OR
CONSTRUCTED BY A COUNTY UNDER THIS CHAPTER FOR THE USE OF ANY COUNTY SEWER
DISTRICT, OR ANY PART OF THOSE FACILITIES, THAT ARE LOCATED WITHIN A MUNICIPAL
CORPORATION OR WITHIN ANY AREA THAT IS INCORPORATED AS, OR ANNEXED TO, A
MUNICIPAL CORPORATION, OR ANY PART OF THE FACILITIES THAT SERVE A MUNICIPAL
CORPORATION OR SUCH AN AREA, MAY BE CONVEYED, BY MUTUAL AGREEMENT BETWEEN THE
BOARD AND THE MUNICIPAL CORPORATION, TO THE MUNICIPAL CORPORATION ON TERMS AND
FOR
CONSIDERATION AS MAY BE NEGOTIATED. UPON AND AFTER THE CONVEYANCE, THE
MUNICIPAL CORPORATION SHALL MANAGE, MAINTAIN, AND OPERATE THE FACILITIES IN
ACCORDANCE
WITH THE AGREEMENT. THE BOARD MAY RETAIN THE RIGHT TO JOINT USE OF ALL OR
PART OF ANY FACILITIES SO CONVEYED FOR THE BENEFIT OF THE DISTRICT. NEITHER
THE VALIDITY OF ANY ASSESSMENT LEVIED OR TO BE LEVIED, NOR THE LEGALITY OR
ENFORCEABILITY OF ANY PUBLIC OBLIGATIONS ISSUED OR INCURRED, TO PROVIDE FOR
THE PAYMENT OF THE COST OF THE ACQUISITION, CONSTRUCTION, MAINTENANCE, OR
OPERATION OF THE FACILITIES OR ANY PART OF THEM, SHALL BE AFFECTED BY THE
CONVEYANCE.
Sec. 6117.06. (A) After the establishment of any sewer
district, the board of county commissioners shall, IF
A SANITARY OR
DRAINAGE FACILITY IMPROVEMENT IS TO BE UNDERTAKEN, MAY have
prepared by
the county sanitary engineer PREPARE, OR OTHERWISE CAUSE TO BE PREPARED,
FOR THE DISTRICT, OR REVISE AS
NEEDED, a general plan of sewerage and
sewage disposal for such district, OR DRAINAGE THAT IS as complete
IN EACH CASE as can be made DEVELOPED at
that THE time AND THAT IS DEVISED WITH REGARD TO ANY EXISTING
SANITARY OR DRAINAGE FACILITIES IN THE DISTRICT AND PRESENT AS WELL AS
PROSPECTIVE NEEDS FOR ADDITIONAL SANITARY OR DRAINAGE FACILITIES IN THE
DISTRICT. After such THE general plan, IN
ORIGINAL OR REVISED FORM, has been approved by the
board, it shall MAY ADOPT A RESOLUTION GENERALLY DESCRIBING THE
IMPROVEMENT THAT
IS NECESSARY TO BE ACQUIRED OR CONSTRUCTED IN ACCORDANCE WITH THE PARTICULAR
PLAN, DECLARING THAT THE IMPROVEMENT IS NECESSARY FOR THE PRESERVATION AND
PROMOTION OF THE PUBLIC HEALTH AND WELFARE, AND DETERMINING WHETHER OR NOT
SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED TO PAY ANY PART OF THE COST
OF THE IMPROVEMENT.
(B) IF SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED AND COLLECTED TO
PAY ANY PART OF THE COST OF THE IMPROVEMENT, THE BOARD, IN THE RESOLUTION
PROVIDED FOR IN DIVISION (A) OF THIS SECTION OR IN A SUBSEQUENT
RESOLUTION, INCLUDING A RESOLUTION AUTHORIZING THE ISSUANCE OR INCURRENCE OF
PUBLIC OBLIGATIONS FOR THE IMPROVEMENT, MAY AUTHORIZE THE IMPROVEMENT AND THE
EXPENDITURE OF THE FUNDS REQUIRED FOR ITS ACQUISITION OR CONSTRUCTION AND MAY
PROCEED WITH THE IMPROVEMENT WITHOUT REGARD TO THE PROCEDURES OTHERWISE
REQUIRED BY DIVISIONS (C), (D), AND (E) OF THIS
SECTION AND BY SECTIONS 6117.07 TO 6117.24 OF THE REVISED
CODE. THOSE PROCEDURES ARE REQUIRED ONLY FOR IMPROVEMENTS FOR WHICH
SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED.
(C) IF SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED
PURSUANT TO A DETERMINATION MADE IN THE RESOLUTION PROVIDED FOR IN DIVISION
(A) OF THIS SECTION OR IN A SUBSEQUENT RESOLUTION, THE PROCEDURES
REFERRED TO IN DIVISION (B) OF THIS SECTION AS BEING REQUIRED FOR
THAT PURPOSE SHALL APPLY, AND THE BOARD MAY
have prepared by the COUNTY sanitary engineer
PREPARE, OR OTHERWISE CAUSE TO BE PREPARED, detailed
plans, specifications, and estimates AN ESTIMATE of cost of
such parts of FOR the
improvement as it is necessary to then construct, together with a
tentative assessment of the cost based on such THE estimate.
Such THE
tentative assessment shall be for the information of property
owners, and shall not be LEVIED OR certified to the county
auditor for
collection. Such THE detailed plans, specifications,
estimates ESTIMATE of
cost, and tentative assessment, so prepared by the
sanitary
engineer and IF approved by the board, shall be carefully preserved
in the office of the board or the COUNTY sanitary engineer and shall be
open to THE inspection of all persons interested in such
THE improvement.
(B)(D) After THE BOARD'S approval of the detailed
plans, specifications,
estimates ESTIMATE of cost, and tentative assessment, and at
least
twenty-four days before adopting a resolution as required by
PURSUANT TO
division (C)(E) of this section, the board, EXCEPT
TO THE EXTENT THAT APPROPRIATE WAIVERS OF NOTICE ARE OBTAINED FROM
AFFECTED OWNERS, shall send CAUSE TO BE SENT a notice
of
its intent to consider or adopt a THE resolution to each
owner of
property PROPOSED TO BE ASSESSED that is listed on the records of the
county auditor for
current agricultural use value taxation pursuant to section
5713.31 of the Revised Code and that is not located in an
agricultural district established under section 929.02 of the
Revised Code. The notice shall SATISFY ALL OF THE FOLLOWING:
(1) Be sent by first class or certified mail;
(2) Specify the proposed date of the adoption of the
resolution;
(3) Contain a statement that the project IMPROVEMENT will be
financed
in whole or in part by special assessments and that all owners of
property PROPERTIES not located in an agricultural district
established
pursuant to section 929.02 of the Revised Code may be subject to
a special assessment; and
(4) Contain a statement that an agricultural district may
be established by filing an application with the county auditor.
If it appears, by the return of the mailed notices or by
other means, that one or more of the AFFECTED owners of
property cannot be
found or are not served by the mailed notice, the board shall
publish CAUSE the notice TO BE PUBLISHED ONCE in a
newspaper of general circulation within IN
the county not later than ten days before the adoption of the
resolution.
(C)(E) After complying with divisions (A),
(C), and (B)(D) of this
section, the board shall MAY adopt a resolution declaring that
such THE
improvement, describing the same WHICH SHALL BE DESCRIBED AS TO ITS
NATURE and the ITS location, route, and
termini thereof, is necessary for the preservation and promotion
of THE public health and welfare, referring to the plans,
specifications, estimates ESTIMATE of cost, and tentative
assessments ASSESSMENT,
stating the place where they are on file and may be examined, and
what part of PROVIDING THAT the ENTIRE cost OR A
LESSER DESIGNATED PART OF THE COST will be paid by the county at large
and
what part will be specially assessed against the benefited
property PROPERTIES within the district AND THAT ANY BALANCE
WILL BE PAID BY THE COUNTY AT LARGE FROM OTHER AVAILABLE FUNDS.
Such THE resolution shall also SHALL contain
a description of the boundaries of that part of the district to
be assessed, and may include the estimated cost of maintaining
the improvement for one year. The resolution shall designate a
time and place, to be fixed by the board, when and where FOR
objections to the improvement, to the tentative assessment, or to
the boundaries of the assessment district will TO be heard by
the
board. The date of such THAT hearing shall be not less than
twenty-four days after the date of the first publication of the
notice OF THE HEARING required by this section DIVISION.
The
THE board shall
publish CAUSE a
notice of the hearing TO BE PUBLISHED once a week for two consecutive
weeks in a
newspaper of general circulation within IN the county, and on or
before the date of the second publication, IT shall send
CAUSE TO BE SENT by ordinary
first class or certified mail a copy of the notice to every owner
of property to be assessed for such THE improvement whose
address is
known. The
THE notice shall set forth the time and place of such THE
hearing, a summary description of the proposed improvement,
including its general route and termini, a summary description of
the area to be assessed CONSTITUTING THE ASSESSMENT DISTRICT,
and the place where the plans,
specifications, estimates ESTIMATE of cost, and tentative
assessments ASSESSMENT are
on file and may be examined. The EACH MAILED notice
shall also SHALL include a
statement that the property of the addressee will be assessed for
such THE improvement. THE NOTICE ALSO
Notice of such hearing shall be mailed SENT BY FIRST CLASS OR
CERTIFIED MAIL, ON OR BEFORE THE DATE OF THE SECOND PUBLICATION, to
the clerk, OR TO THE OFFICIAL DISCHARGING THE DUTIES OF A
CLERK, of any
municipal corporation any part of which lies within the
assessment district AND SHALL STATE WHETHER OR NOT ANY PROPERTY BELONGING
TO THE MUNICIPAL CORPORATION IS TO BE ASSESSED AND, IF SO, SHALL IDENTIFY THAT
PROPERTY.
A AT THE hearing shall be granted by, OR AT ANY
ADJOURNMENT OF THE HEARING, OF WHICH NO FURTHER PUBLISHED OR MAILED NOTICE
NEED BE GIVEN, the board to SHALL HEAR all parties
interested at the time and place fixed by such resolution and
notice WHOSE PROPERTIES ARE PROPOSED TO BE ASSESSED. Written
objections to or indorsements ENDORSEMENTS of the proposed
improvement or the, ITS character and termini
thereof, the boundaries
of the assessment district, or the tentative assessment shall be
received by the board for a period of five days after the COMPLETION OF
THE
hearing. No, AND NO action shall be taken by the board
in the matter
until after such THAT period has elapsed. The minutes of the
hearing
shall be entered on the journal of the board, showing the persons
who appear in person or by attorney. All, AND ALL
written objections
shall be preserved and filed in the office of the board.
Sec. 6117.08. After the passage ADOPTION of the A
resolution to proceed
with an improvement as provided for in section 6117.07 of the
Revised Code, no further action THE CONSTRUCTION OF THE
IMPROVEMENT shall be taken or work done in
connection therewith DEFERRED until ten days have elapsed.
If, at the
expiration of such THAT period, no appeal has been
effected by any
property owner, as provided in sections 6117.09 to 6117.24,
inclusive, of the Revised Code, the action of the board OF COUNTY
COMMISSIONERS shall be
final, and the board may proceed to issue and sell bonds or
certificates of indebtedness INCUR PUBLIC OBLIGATIONS and
to construct such THE improvement.
If, at the end of THAT ten days, any owner of property to
be assessed
or taxed for the improvement has effected such AN appeal,
then said
work THE CONSTRUCTION OF THE IMPROVEMENT shall not be
proceeded with DEFERRED until the matters appealed from
have been disposed of in court.
Sec. 6117.23. The final judgment of the probate court may be
reviewed on appeal as in other cases. If AN appeal is prosecuted
from the judgment of the probate court as to the question of
necessity of the improvement, no action shall be taken by the
board of county commissioners in proceeding with THE CONSTRUCTION
OF the improvement SHALL BE DEFERRED
until such THE appeal is finally disposed of. If an appeal is
prosecuted from the judgment of the court as to the inclusion of
any property in the assessment district or as to the
apportionment of the tentative assessment, the board OF COUNTY
COMMISSIONERS may proceed
with the CONSTRUCTION OF THE improvement in accordance with the
transcript of the
probate court and shall thereafter SHALL adjust such
THOSE matters TO THE EXTENT NECESSARY in
accordance with the THEIR final adjudication in regard
thereto.
Sec. 6117.251. (A) After the establishment of any COUNTY
sewer district,
the board of county commissioners may determine by resolution
that it is necessary to provide sewer and sewage disposal SANITARY
OR DRAINAGE FACILITY
improvements and to maintain and operate the same IMPROVEMENTS
within the
sewer district or a designated portion thereof and OF THE
DISTRICT, that such
sewer and sewage disposal THE improvements, WHICH SHALL BE
generally described in
such THE resolution, shall be constructed, THAT FUNDS
ARE REQUIRED TO PAY THE PRELIMINARY COSTS OF THE IMPROVEMENTS TO BE INCURRED
PRIOR TO THE COMMENCEMENT OF THE PROCEEDINGS FOR THEIR CONSTRUCTION, AND THAT
THOSE FUNDS SHALL BE PROVIDED IN ACCORDANCE WITH THIS SECTION.
(B) Prior to the adoption of such THE resolution, the
board of county
commissioners shall give notice of the ITS pendency
thereof and of
the proposed determination of the necessity of the improvements
therein generally described, which IN THE RESOLUTION.
THE notice shall set forth a
description of the properties to be benefited by the
improvements and the time and place of A hearing of
objections to and
endorsements of the improvements. Such THE notice shall be
given EITHER by
publication in a newspaper of general circulation IN THE COUNTY once a
week
for two consecutive weeks, OR BY MAILING A COPY OF THE NOTICE BY FIRST
CLASS OR CERTIFIED MAIL TO THE OWNERS OF THE PROPERTIES PROPOSED TO BE
ASSESSED AT THEIR RESPECTIVE TAX MAILING ADDRESSES, OR BY BOTH
MANNERS, the first publication to be MADE OR THE MAILING TO
OCCUR at least
two weeks prior to the date set for the hearing. At such THE
hearing, or at any adjournment thereof OF THE HEARING, of
which no further
published OR MAILED notice need be given, the board of county
commissioners shall hear all persons whose properties are
proposed to be assessed, and such THE evidence as is
deemed IT CONSIDERS to be
necessary, and shall. THE BOARD then SHALL
determine the necessity of the
proposed improvement, IMPROVEMENTS and in addition shall
determine whether
such THE improvements shall be made by the board of county
commissioners and, IF THEY ARE TO BE MADE, shall
direct the preparation of tentative
assessments upon the benefited properties and by whom they shall
be prepared.
Thereupon in (C) IN order to obtain funds for the
preparation of a
general OR REVISED GENERAL plan of sewers or sewers and sewage
disposal works SEWERAGE OR DRAINAGE for
such THE district or part thereof and OF THE DISTRICT,
FOR THE PREPARATION OF the detailed plans,
specifications, estimates ESTIMATE of cost, preparation of
the AND tentative
assessment FOR THE PROPOSED IMPROVEMENTS, and FOR the
cost of financing and legal services incident
to the preparation of all of such THOSE plans and a plan of
financing
the proposed improvement IMPROVEMENTS, the board of county
commissioners may
levy upon the property PROPERTIES to be benefited in such
THE district a
preliminary assessment apportioned according to benefits or to
tax valuation or partly by one method and partly by the other,
METHOD
as the board of county commissioners may determine. Such
THE
assessments shall be in the amount determined to be necessary to
obtain funds for such THE general and detailed plans and such
costs THE COST
of financing and legal services and shall be payable in such THE
number of years as THAT the board of county commissioners
shall
determine, not to exceed twenty years, together with interest on
any notes which PUBLIC OBLIGATIONS THAT may be issued OR
INCURRED in anticipation of the collection
of such THE assessments.
(D) The board of county commissioners shall have power at any
time
to levy additional assessments according to benefits or to tax
valuation or partly by one method and partly by the other,
METHOD as
the board of county commissioners may determine for such
THE
purposes DESCRIBED IN DIVISION (C) OF THIS SECTION upon
such THE BENEFITED properties to complete the
payment of such THE
costs DESCRIBED IN DIVISION (C) OF THIS SECTION or to pay the
cost of any additional plans,
specifications, estimates ESTIMATE of cost, OR tentative
assessments ASSESSMENT and the
cost of financing and legal services incident to the preparation
of such THOSE plans and such THE plan of
financing, which additional
assessments shall be payable in such THE number of years
as THAT the
legislative authority BOARD shall determine, not to exceed
twenty
years, together with interest on any notes and bonds which PUBLIC
OBLIGATIONS THAT may
be issued OR INCURRED in anticipation of the collection thereof
OF THE ADDITIONAL ASSESSMENTS.
(E) Prior to the adoption of the A resolution levying
such assessments UNDER THIS SECTION,
the board shall give at least ten days' notice EITHER BY ONE
PUBLICATION in one A newspaper
of general circulation in the county which shall state, OR BY
MAILING A COPY OF THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO THE OWNERS OF
THE PROPERTIES PROPOSED TO BE ASSESSED AT THEIR RESPECTIVE TAX MAILING
ADDRESSES, OR BY BOTH MANNERS, THE PUBLICATION TO BE MADE OR THE MAILING TO
OCCUR AT LEAST TEN DAYS PRIOR TO
the time
and place when and where such DATE OF THE MEETING AT WHICH THE
resolution shall be taken up for
consideration; THAT NOTICE SHALL STATE THE TIME AND PLACE OF THE
MEETING AT WHICH THE RESOLUTION IS TO BE CONSIDERED. At such
THE time and place OF THE MEETING, or at any adjournment
thereof OF THE MEETING, of which no further published OR
MAILED notice need be given, the
board shall hear all persons whose properties are proposed to be
assessed, shall correct any errors and make any revisions that
appear to be necessary or just, and may then pass MAY
ADOPT a resolution
levying upon the properties determined to be benefited such THE
assessments as so corrected and revised.
The assessments levied by such THE resolution shall be certified
to
the county auditor for collection IN THE SAME MANNER as other
taxes in the year or
years in which they are payable.
(F) Upon the adoption of such THE resolution
DESCRIBED IN DIVISION (E) OF THIS SECTION, no further
action shall be
taken or work done until ten days have elapsed. If, at the
expiration of such THAT period, no appeal has been
effected by any
property owner as herein provided IN THIS DIVISION, the
action of the board shall
be final. If, at the end of THAT ten days, any owner of
property to be
assessed for the improvement IMPROVEMENTS has effected
such an appeal then, no
further action shall be taken and no work done in connection
with such THE improvements under said THE
resolution until the matters
appealed from have been disposed of in court.
Any owner of property to be assessed may appeal as provided and
upon the grounds stated in sections 6117.09 to 6117.24,
inclusive, of the Revised Code.
If no appeal has been perfected or if on appeal the resolution
of award of county commissioners THE BOARD is sustained, the
board of
county commissioners may authorize AND ENTER INTO contracts to
carry out the
purposes for which such THE assessments have been levied without
the
prior issuance of notes, provided that the payments due by the
board of county commissioners UNDER THOSE CONTRACTS do not fall due
prior to the time
in BY which such THE assessments shall
ARE TO be collected. The board of
county commissioners shall also have power to MAY issue and sell
its
bonds with a maximum maturity of twenty years in anticipation of
the collection of such THE assessments and may issue its
notes in
anticipation of the issuance of such THE bonds, which notes and
bonds, AS PUBLIC OBLIGATIONS, shall be issued and sold as
provided in Chapter 133. of
the Revised Code.
Sec. 6117.28. Whenever the owners of all the lots and lands to
be benefited by, and to be assessed for, any sewer
SANITARY OR DRAINAGE FACILITY improvement
or sewage treatment works, provided for in sections 6117.01 to
6117.45, inclusive, of the Revised Code THIS CHAPTER, by petition
in writing,
request the board of county commissioners to provide for the ACQUISITION
OR
construction, maintenance, and operation of any such
improvements THE IMPROVEMENT, describing the improvements
desired IMPROVEMENT and the lots
and lands owned by them respectively to be assessed to pay the
cost and OF ACQUISITION OR CONSTRUCTION,
maintenance, AND OPERATION of such improvements, THE
IMPROVEMENT and consenting that
their said lots and lands may be assessed to pay the cost of
such improvements THE ACQUISITION OR CONSTRUCTION OF THE
IMPROVEMENT and of ITS maintenance and operation as provided
in such sections THIS CHAPTER, and waive notice and the
publication of all
resolutions and legal notices provided for in such sections
OTHERWISE
REQUIRED, the
board shall MAY HAVE THE COUNTY SANITARY ENGINEER
prepare, OR OTHERWISE CAUSE TO BE PREPARED, the
necessary plans, specifications, and
estimates ESTIMATE of cost of THE ACQUISITION OR
construction, maintenance, and operation
thereof, OF THE IMPROVEMENT and a tentative assessment. When
all the owners of the
lots and lands to be benefited by and assessed for the proposed
improvements state, in writing, that they have examined the
estimated ESTIMATE OF cost and tentative assessment as
made by
the county
sanitary engineer, that they have no objection thereto
OBJECTIONS TO
THEM, and that,
in case bonds are sold
PROPOSED TO BE ISSUED prior to the ACQUISITION OR
construction of the
improvements IMPROVEMENT, they waive their right
of OR option to pay the
assessments in cash, then the board shall MAY
proceed, as provided
in such sections, THIS CHAPTER to cause such improvements
THE IMPROVEMENT to be
ACQUIRED OR constructed
and TO CAUSE provision to be made for the payment of the cost of ITS
ACQUISITION OR
construction, maintenance, and operation in accordance with such
sections, except that none of the notices or publications
OTHERWISE
required by law need be made nor any GIVEN AND NO opportunity
NEED be given PROVIDED for THE
filing of objections to the improvement, ITS CHARACTER AND TERMINI,
THE BOUNDARIES OF THE ASSESSMENT DISTRICT, or to the
TENTATIVE assessment or,
if bonds have been sold ARE ISSUED
PRIOR TO THE ACQUISITION OR CONSTRUCTION OF THE IMPROVEMENT, for paying
the assessments in cash.
The
board shall forthwith MAY proceed to authorize and issue
bonds or
certificates INCUR PUBLIC OBLIGATIONS IN THE REQUIRED AMOUNT,
COMPLETE THE ACQUISITION OR CONSTRUCTION of indebtedness THE
IMPROVEMENT, and levy and collect the
assessments authorized in sections 6117.01 to 6117.40,
inclusive, of the Revised Code BY THIS CHAPTER. No person,
firm, or corporation
may PUBLIC AGENCY SHALL HAVE THE RIGHT TO appeal from any decision
or action
of the board in the
matter except refusal by the board to proceed with such THE
improvement. The
THE tentative assessment provided for in this
section shall be for the information of property owners and
shall not be LEVIED OR certified to the county auditor for collection.
On
completion of the work IMPROVEMENT, the ITS cost
thereof shall be determined,
including incidental expense as defined
in sections 6117.01 to
6117.40, inclusive, of the Revised Code,
and a revised
assessment shall be prepared by the COUNTY sanitary engineer
SHALL PREPARE, OR OTHERWISE CAUSE TO BE PREPARED, A REVISED ASSESSMENT
based on
such THE actual cost and in substantially the same proportion as
the
tentative assessment. The board shall confirm such AND LEVY THE
revised
assessment and certify the same IT to the COUNTY auditor
for collection.
Sec. 6117.29. The cost of any improvement provided for in
sections 6117.01 to 6117.40, inclusive, of the Revised Code, THIS
CHAPTER and
the cost of the ITS maintenance and operation thereof
shall include,
in addition to the cost of ITS ACQUISITION OR construction, the cost of
engineering, necessary publications, inspection, interest on
certificates of indebtedness or on bonds PUBLIC OBLIGATIONS, and
all other items of
cost incident to such THE improvement AS DESCRIBED IN
DIVISION (B) OF SECTION 133.15 of the Revised Code. The county may payFROM
AVAILABLE COUNTY FUNDS any part
of the cost of such THE improvement and ANY PART of the
COST OF ITS maintenance and
operation thereof if the board of county commissioners deems
such CONSIDERS THE payment TO BE just.
Sec. 6117.30. The cost and expense of the ACQUISITION OR
construction of a
main, branch or intercepting sewer or sewerage treatment or
disposal works SANITARY OR DRAINAGE FACILITIES to be paid by
assessment ASSESSMENTS shall be assessed, as an
assessment district assessment, upon all the property within
such THE COUNTY SEWER district found to be benefited in
accordance with the
special benefits conferred, less such ANY part of said
THE cost as THAT is
paid by the county at large, and state lands FROM OTHER AVAILABLE
FUNDS. STATE LAND so benefited shall
bear its proportion PORTION of THE assessed cost
according to special
benefit.
Sec. 6117.32. The county sanitary engineer, upon the completion
of any improvement under sections 6117.01 to 6117.45, inclusive,
of the Revised Code IN ACCORDANCE WITH THIS CHAPTER, shall
prepare, OR OTHERWISE CAUSE TO BE PREPARED,
and SHALL present to the board of
county commissioners a revised assessment, based on the
tentative assessment previously ratified by the board for such
THE
improvement, or, if such THE tentative assessment
has been revised by
order of court, BASED on such THE revised tentative
assessment, the
assessment levied on each piece of property being modified in
substantially the same proportion as the actual cost of the
work IMPROVEMENT, including incidental costs provided for in
sections
6117.01 to 6117.40, inclusive, of the Revised Code, bears to the
estimated cost on which such THE tentative assessment was based.
No
notice of such THE revised assessment shall be given unless
such THE
actual cost exceed EXCEEDS the estimated cost. If the
actual cost exceeds the estimated cost, notice shall be given TO
all property owners within the assessment district and shall be
published as provided BY SECTION 6117.07 of the Revised Code for amendments of the
tentative
assessment. Any, AND ANY property owner may appeal as
provided for in THE
case of A tentative assessments ASSESSMENT. The board
shall confirm such THE
revised assessment, and, when so confirmed, the same is IT
SHALL
BE final AND CONCLUSIVE.
If an appeal has been made, as provided in this section, such
THAT
confirmation shall be subject to the finding of the court. The
THE
board may, at such intervals as it deems
CONSIDERS expedient, assess MAY LEVY AN ADDITIONAL ASSESSMENT
ON the
lots and parcels of land specified in said notice of assessment
and levy taxes upon the taxable property of the district so
improved ASSESSED FOR THE IMPROVEMENT, INCLUDING STATE LAND, IN
ORDER to pay the cost of the maintenance, REPAIR, and
operation of
any such THE improvement, including disposal of sewage,
after ITS
completion thereof, and for the purpose of keeping clean and in
repair ditches, drains and water-courses serving such
improvements. No FURTHER notice shall be necessary of
such maintenance,
repair, or operation THAT ADDITIONAL assessment SHALL BE
NECESSARY unless the amount thereof OF IT
exceeds ten per cent of the original cost of the construction
ACQUIRING OR CONSTRUCTING THE IMPROVEMENT.
If such maintenance, repair, and operation THAT ADDITIONAL
assessment exceeds
ten per cent of the original cost of the construction ACQUIRING OR
CONSTRUCTING THE IMPROVEMENT, the METHOD AND
manner of making said THAT ADDITIONAL assessment, together with
the notice
thereof OF IT, shall be the same as provided in sections
6117.01 to
6117.45, inclusive, of the Revised Code, THIS CHAPTER for the
original assessment. THAT ADDITIONAL ASSESSMENT SHALL BE SUBJECT TO ANY
APPLICABLE PROVISIONS OF SECTION 6117.33 of the Revised Code, PROVIDED THAT THE ASSESSMENT
MAY BEAR INTEREST AT A RATE AS THE BOARD DETERMINES TO BE APPROPRIATE.
Sec. 6117.34. Whenever the legislative authority or board
of health, or the officers performing the duties of the
legislative authority or board of health, of a municipal
corporation, the board of health of a general health district, or
a board of township trustees makes complaint, in writing, to the
environmental protection agency that unsanitary conditions exist
in any county, the AGENCY'S director of environmental protection
shall
forthwith SHALL inquire into and investigate the conditions complained
of. If, upon investigation of such THE complaint,
the director finds
that it is necessary for the public health and welfare that sewer
improvements or sewage treatment or disposal works SANITARY OR DRAINAGE
FACILITIES be ACQUIRED OR
constructed, maintained, and operated for the service of TO
SERVE any
territory outside of municipal corporations in any county, the
director shall notify the board of county commissioners of such
THE
county of its THAT finding AND ORDER THAT CORRECTIVE ACTION
BE TAKEN. The board shall obey such THE order and
proceed as provided in sections 6117.01 to 6117.45 of the Revised
Code, THIS CHAPTER to establish A COUNTY sewer
districts DISTRICT, IF REQUIRED, TO provide THE
necessary
funds, and TO ACQUIRE OR
construct such sewers or treatment works THE FACILITIES,
or AND TO maintain, repair, or AND
operate the same FACILITIES, as are required by
such THE order and in such A
manner as THAT is satisfactory to the director. Any PART
or all of the
cost of such improvement THE FACILITIES or OF THE
maintenance AND OPERATION OF THE FACILITIES may be assessed upon the
property benefited PROPERTIES as provided in sections 6117.01
to 6117.45 of
the Revised Code THIS CHAPTER.
Sec. 6117.38. (A) At any time after the formation of any
COUNTY sewer
district, the board of county commissioners, when it deems
CONSIDERS it
expedient APPROPRIATE, on application by a corporation,
individual, PERSON or
public institution AGENCY FOR THE PROVISION OF SEWERAGE OR DRAINAGE
TO PROPERTIES OF THE PERSON OR PUBLIC AGENCY LOCATED outside of any
THE district, may contract with
such corporation, individual, THE PERSON or public
institution AGENCY for
depositing sewage OR DRAINAGE from premises outside such
district THOSE PROPERTIES in the
sewers FACILITIES ACQUIRED OR constructed or to be ACQUIRED
OR constructed BY THE COUNTY to serve such THE
district
and for the treatment or, disposal thereof, AND
DISPOSITION OF THE SEWAGE OR DRAINAGE, on such terms as
THAT the
board deems CONSIDERS equitable. The amount to be paid BY
THE PERSON OR PUBLIC AGENCY TO REIMBURSE THE COUNTY FOR COSTS OF ACQUIRING OR
CONSTRUCTING THOSE FACILITIES shall not be less
than the original OR COMPARABLE assessment for similar property within
the
district OR, and such IN THE ABSENCE OF AN ORIGINAL OR
COMPARABLE ASSESSMENT, AN AMOUNT THAT IS FOUND BY THE BOARD TO BE REASONABLE
AND FAIRLY REFLECTIVE OF THAT PORTION OF THE COST OF THOSE FACILITIES
ATTRIBUTABLE TO THE PROPERTIES TO BE SERVED. THE board shall appropriate
any moneys received
for such THAT service to and for the use and benefit of
such THE
district. When the THE board deems it necessary to contract
with a
corporation, individual, or public institution for depositing
sewage from premises outside such district in the
sewers constructed or to be constructed to serve such district,
it shall so determine by resolution, and may collect said
THE amount
in cash TO BE PAID BY THE PERSON OR PUBLIC AGENCY IN FULL, IN CASH
OR IN INSTALLMENTS AS A PART OF A CONNECTION CHARGE TO BE COLLECTED IN
ACCORDANCE WITH DIVISION (B) OR (D) OF SECTION 6117.02
of the Revised Code, or IF THE PROPERTIES TO BE SERVED ARE LOCATED WITHIN THE
COUNTY, the same AMOUNT may be assessed against said
lots or
parcels of land THOSE PROPERTIES, and, IN THAT
EVENT,
the manner of making said THE assessment,
together with the notice thereof OF IT, shall be the same
as provided
in sections 6117.01 to 6117.40, inclusive, of the Revised Code,
for the original assessment THIS CHAPTER.
(B) Whenever sewers SANITARY OR DRAINAGE FACILITIES
have been ACQUIRED OR constructed by, AND AT THE EXPENSE
OF, a corporation,
individual, PERSON or public institution at its own cost for the
purpose of providing sewerage for any allotment, development,
subdivision, or similar enterprise, or for any institution, AGENCY
and
the board deems CONSIDERS it expedient APPROPRIATE
to acquire said sewers THE FACILITIES or any part
thereof OF THEM for the purpose of providing sewerage for
OR DRAINAGE SERVICE TO territory
outside the allotment, subdivision, development, or other such
enterprise for which such sewers were constructed, such
additional territory being within a SEWER district, the county
sanitary engineer, AT THE DIRECTION OF THE BOARD, shall
examine said sewers THE FACILITIES. If he THE COUNTY
SANITARY
ENGINEER finds such
sewers THE FACILITIES properly designed and constructed
he, THE COUNTY SANITARY
ENGINEER shall make an
appraisal of the present value of said sewers or parts thereof
to the district as a means of providing sewerage for such
territory outside the allotment, subdivision, development, or
similar enterprise for which it was originally constructed and
shall certify the same THAT FACT to the board. In such
appraisal no
allowance shall be made for the value of such sewers to the
territory for the service of which it was originally
constructed. The board by resolution may determine to purchase
said sewers THE FACILITIES OR ANY PART OF THEM at a cost not
to exceed the present value of said
sewers as certified by THAT, AFTER CONSULTATION WITH the
COUNTY sanitary engineer, IT FINDS TO BE REASONABLE.
For
SUBJECT TO AND IN ACCORDANCE WITH THIS DIVISION AND DIVISION (B)
OR DIVISIONS (C), (D), AND (E) OF SECTION 6117.06
OF THE REVISED CODE, THE BOARD MAY
PURCHASE THE FACILITIES OR ANY PART OF THEM BY NEGOTIATION. FOR the
purpose
of paying for said sewers and the maintenance thereof COST OF
THEIR ACQUISITION, the board
may issue bonds or certificates of indebtedness INCUR PUBLIC
OBLIGATIONS and assess the ENTIRE COST, OR A LESSER DESIGNATED PART OF
THE
cost, OF THEIR ACQUISITION against the benefited property
PROPERTIES in the same manner as
provided by sections 6117.01 to 6117.40, inclusive, of the
Revised Code, IN THIS CHAPTER for the construction of an
original sewer OR COMPARABLE FACILITIES.
Sec. 6117.39. Whenever, in the opinion of the board of county
commissioners, it is necessary to procure ACQUIRE real
estate, a right of
way, or an easement ANY INTEREST IN REAL ESTATE for the
ACQUISITION, construction, maintenance, or
operation of any sewer, DRAINAGE, or other improvement
authorized by
sections 6117.01 to 6117.45, inclusive, of the Revised Code THIS
CHAPTER, or TO ACQUIRE
the right to construct, maintain, and operate such THE
sewer, DRAINAGE, or
other improvement in and upon any property within or without OUTSIDE
OF a COUNTY
sewer district, it may purchase the same, or if such REAL
ESTATE, INTEREST IN REAL ESTATE, OR RIGHT BY NEGOTIATION. IF THE board
and
the owners thereof OWNER OF THE REAL ESTATE, INTEREST IN REAL
ESTATE, OR RIGHT are unable to agree upon its purchase and
sale, or the amount of damages to be awarded therefor FOR IT,
the board
may appropriate such THE real estate, right of way,
easement INTEREST, or
right. Such proceedings shall be had as are provided for in
ACCORDANCE WITH sections 163.01 to 163.22, inclusive, of the
Revised Code, EXCEPT THAT THE
BOARD, IN THE EXERCISE OF THE POWERS GRANTED BY THIS SECTION OR ANY OTHER
SECTION OF THIS CHAPTER, MAY
NOT APPROPRIATE REAL ESTATE OR PERSONAL PROPERTY OWNED BY A MUNICIPAL
CORPORATION.
Sec. 6117.41. The AT ANY TIME AFTER THE FORMATION OF ANY COUNTY
SEWER DISTRICT, THE board of county commissioners of any county
or the legislative authority of any municipal corporation may
enter into a contract, upon such THE terms and for such
THE period of
time as THAT are mutually agreed upon, with any other
county or
municipal corporation PUBLIC AGENCY to prepare all necessary plans
and
estimates of cost, AND to connect ACQUIRE OR
CONSTRUCT any sewers of such county or
municipal corporation with any sewers constructed, SANITARY or
DRAINAGE FACILITIES THAT ARE to be
constructed, USED JOINTLY by any other county or municipal
corporation THE CONTRACTING PARTIES, and
to provide for the MAINTENANCE, OPERATION, AND joint use by such
THE contracting parties of such
sewers and of any sewage treatment or disposal works of such
county or municipal corporation THOSE FACILITIES OR THE MAINTENANCE,
OPERATION, AND JOINT USE OF ANY SUITABLE EXISTING SANITARY OR DRAINAGE
FACILITIES BELONGING TO EITHER OF THE CONTRACTING PARTIES.
Sec. 6117.42. All contracts under section 6117.41 of the
Revised Code shall provide for THE payment OF COMPENSATION to
the county or municipal
corporation OTHER PUBLIC AGENCY owning, ACQUIRING, OR
constructing, or about AGREEING to ACQUIRE OR construct
a sewer
or sewage treatment or disposal works, THE SANITARY OR DRAINAGE
FACILITIES to be jointly used, of the IN AN
amount agreed upon by the county or municipal corporation so
contracting for the joint use thereof AS THE OTHER PARTY'S SHARE OF THE
COST OF ACQUIRING OR CONSTRUCTING THE FACILITIES. THE CONTRACT ALSO SHALL
PROVIDE FOR PAYMENT OF COMPENSATION TO THE COUNTY OR OTHER PUBLIC AGENCY
OWNING, ACQUIRING, OR CONSTRUCTING THE FACILITIES AND OPERATING AND
MAINTAINING THEM IN AN AMOUNT AGREED UPON AS THE OTHER PARTY'S SHARE OF THE
COST OF OPERATING AND MAINTAINING THEM OR, IN LIEU OF ALL OTHER OR DIFFERING
PAYMENTS, AND AGREED PRICE PER UNIT OF FLOW. Any such A
county or
municipal corporation OTHER PUBLIC AGENCY owning, ACQUIRING,
OR constructing, or agreeing to
ACQUIRE OR construct, any such sewer improvement or sewage
treatment works,
as provided in sections 6117.41 to 6117.44 of the Revised Code, OF THE
FACILITIES
and permitting the AGREEING TO THEIR use thereof by
such other county or municipal
corporation, ANOTHER PUBLIC AGENCY shall retain full control and
management of the ACQUISITION,
construction, maintenance, repair, and operation of such sewer
improvement and sewage treatment or disposal works, THE FACILITIES,
UNLESS OTHERWISE PROVIDED IN THE CONTRACT AND except, IN THE
CASE OF A COUNTY, when
conveyed to a municipal corporation as provided in this DIVISION
(B) OF section 6117.05 of the Revised Code. Any such
contract
before going into effect shall be approved by
the director of environmental protection. Any completed sewer
improvement or sewage treatment works constructed under sections
6117.01 to 6117.45 of the Revised Code, for the use of any sewer
district and located within any municipal corporation or within
any area which may be annexed to or incorporated as a municipal
corporation, may by mutual agreement between the board of county
commissioners and such municipal corporation be conveyed to such
municipal corporation, which shall thereafter maintain and
operate such sewer improvement or sewage treatment works. The
board may retain the right to joint use of such sewers or
treatment works for the benefit of the district. The validity of
any assessments levied to provide means for the payment of the
cost of construction or maintenance of such sewer improvement or
sewage treatment works or any part thereof shall not be affected
by such conveyance.
Sec. 6117.43. The A county or municipal corporation
OTHER PUBLIC
AGENCY contracting
under section AS PROVIDED IN SECTIONS 6117.41 AND
6117.42 of the Revised Code for the joint use of
any sewer or sewage treatment or disposal works SANITARY OR DRAINAGE
FACILITIES ACQUIRED OR constructed, or
to be ACQUIRED OR constructed, by another county or municipal
corporation PUBLIC AGENCY may
provide for payment of the agreed compensation by the levy of
taxes, OR special assessments, or FROM SANITARY
sewer rentals OR DRAINAGE RATES AND CHARGES, as provided
in IF AND TO THE EXTENT THAT THE PUBLIC AGENCY IS AUTHORIZED BY the
laws governing such county or municipal corporation IT in the
ACQUISITION,
construction, maintenance, repair, or operation of a sewer
improvement or sewage treatment or disposal works THE FACILITIES TO
PROVIDE FOR PAYMENT OF THE COSTS IN RESPECT OF WHICH THE COMPENSATION IS DUE
FROM THOSE SOURCES, and may issue
bonds OR INCUR PUBLIC OBLIGATIONS as provided by such
THOSE laws in anticipation of such taxes or
assessments AND PAY THE DEBT CHARGES ON THOSE OBLIGATIONS FROM THOSE
SOURCES IF AND TO THE EXTENT SO AUTHORIZED.
Sec. 6117.44. The A county or municipal corporation
OTHER PUBLIC
AGENCY receiving the compensation
provided for in section 6117.42 of the Revised Code shall credit
the amount so received to the proper fund to be applied towards USED
FOR
the ACQUISITION, construction, or OPERATION AND
maintenance, as the case may be, of the sewer
and other works to be so jointly used SANITARY OR DRAINAGE FACILITIES
OR FOR OTHER AUTHORIZED PURPOSES.
Sec. 6117.45. No person OR PUBLIC AGENCY shall tamper with or damage
any sewer
or sewage disposal plant SANITARY OR DRAINAGE FACILITY ACQUIRED OR
constructed BY A COUNTY under sections 6117.01 to
6117.45, inclusive, of the Revised Code, THIS CHAPTER or any
apparatus or
accessory connected therewith WITH IT or pertaining
thereto TO IT, or make any connection into any such sewer or
sewage
disposal plant OR WITH THE FACILITY, without THE
permission of the board of county
commissioners or in a manner or for a use other than as
prescribed by such THE board. No person OR PUBLIC AGENCY
shall refuse to permit the
inspection by the county sanitary engineer of any such
connection. No person OR PUBLIC AGENCY shall violate sections
6117.01 to
6117.45, inclusive, of the Revised Code ANY OTHER PROVISION OF THIS
CHAPTER.
All fines collected under division (A) of section 6117.99 of the
Revised Code shall be paid into TO the county treasury
TREASURER and credited to any county sewer improvement or
maintenance THE fund
as THAT the board directs DETERMINES TO BE MOST
APPROPRIATE AFTER CONSIDERATION OF THE NATURE AND EXTENT OF THE PARTICULAR
VIOLATIONS.
Sec. 6117.49. (A) IF THE BOARD OF COUNTY COMMISSIONERS
DETERMINES BY RESOLUTION THAT THE BEST INTERESTS OF THE COUNTY AND THOSE
SERVED BY THE SANITARY OR DRAINAGE FACILITIES OF A COUNTY SEWER DISTRICT SO
REQUIRE, THE BOARD MAY SELL OR OTHERWISE DISPOSE OF THE FACILITIES TO ANOTHER
PUBLIC AGENCY OR A PERSON. THE RESOLUTION DECLARING THE NECESSITY OF THAT
DISPOSITION SHALL RECITE THE REASONS FOR THE SALE OR OTHER DISPOSITION AND
SHALL ESTABLISH ANY CONDITIONS OR TERMS THAT THE BOARD MAY IMPOSE, INCLUDING,
BUT NOT LIMITED TO, A MINIMUM SALES PRICE IF A SALE IS PROPOSED, A REQUIREMENT
FOR THE SUBMISSION BY BIDDERS OF THE SCHEDULE OF RATES AND CHARGES INITIALLY
PROPOSED TO BE PAID FOR THE SERVICES OF THE FACILITIES, AND OTHER PERTINENT
CONDITIONS OR TERMS RELATING TO THE SALE OR OTHER DISPOSITION. THE RESOLUTION
ALSO SHALL DESIGNATE A TIME AND PLACE FOR THE HEARING OF OBJECTIONS TO THE
SALE OR OTHER DISPOSITION BY THE BOARD. NOTICE OF THE ADOPTION OF THE
RESOLUTION AND THE TIME AND PLACE OF THE HEARING SHALL BE PUBLISHED ONCE A
WEEK FOR TWO CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE
SEWER DISTRICT AND IN THE COUNTY. THE PUBLIC HEARING ON THE SALE OR OTHER
DISPOSITION SHALL BE HELD NOT LESS THAN TWENTY-FOUR DAYS FOLLOWING THE DATE OF
FIRST PUBLICATION OF THE NOTICE. A COPY OF THE NOTICE ALSO SHALL BE SENT BY
FIRST CLASS OR CERTIFIED MAIL, ON OR BEFORE THE DATE OF THE SECOND
PUBLICATION, TO ANY PUBLIC AGENCY WITHIN THE AREA SERVED BY THE FACILITIES.
AT THE PUBLIC HEARING, OR AT ANY ADJOURNMENT OF IT, OF WHICH NO FURTHER
PUBLISHED OR MAILED NOTICE NEED BE GIVEN, THE BOARD SHALL HEAR ALL INTERESTED
PARTIES. A PERIOD OF FIVE DAYS SHALL BE GIVEN FOLLOWING THE COMPLETION OF THE
HEARING FOR THE FILING OF WRITTEN OBJECTIONS BY ANY INTERESTED PERSONS OR
PUBLIC AGENCIES TO THE
SALE OR OTHER DISPOSITION, AFTER WHICH THE BOARD SHALL CONSIDER ANY OBJECTIONS
AND BY RESOLUTION DETERMINE WHETHER OR NOT TO PROCEED WITH THE SALE OR OTHER
DISPOSITION. IF THE BOARD DETERMINES TO PROCEED WITH THE SALE OR OTHER
DISPOSITION, IT SHALL RECEIVE BIDS AFTER ADVERTISING ONCE A WEEK FOR FOUR
CONSECUTIVE WEEKS IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY AND,
SUBJECT TO THE RIGHT OF THE BOARD TO REJECT ANY OR ALL BIDS, MAY MAKE AN AWARD
TO A RESPONSIBLE BIDDER WHOSE PROPOSAL IS DETERMINED BY THE BOARD TO BE IN THE
BEST INTERESTS OF THE COUNTY AND THOSE SERVED BY THE FACILITIES.
(B) A CONVEYANCE OF SANITARY OR DRAINAGE FACILITIES BY A COUNTY
TO A MUNICIPAL CORPORATION IN ACCORDANCE WITH DIVISION (B) OF SECTION
6117.05 of the Revised Code MAY BE MADE WITHOUT REGARD TO DIVISION (A) OF THIS
SECTION.
Sec. 6117.60. IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE
AMENDMENTS MADE TO THIS CHAPTER BY SUB. H.B. 549 OF
THE 123rdGENERAL ASSEMBLY ARE SUBJECT TO SECTION 4 OF THAT ACT. THIS SECTION DOES
NOT AFFECT THE APPLICATION OF SECTION 3 OF THAT ACT TO SECTIONS 1 AND 2
OF THAT ACT.
Sec. 6119.36. For IN LIEU OF SUBMITTING TO THE ELECTORS FOR
APPROVAL THE QUESTION OF A TAX LEVY OUTSIDE THE TEN-MILL LIMITATION AND
LEVYING THAT TAX FOLLOWING APPROVAL, AS PROVIDED FOR IN SECTIONS 6119.31 AND
6119.32 of the Revised Code, THE BOARD OF COUNTY COMMISSIONERS MAY ISSUE SECURITIES, AS
DEFINED IN SECTION 133.01 of the Revised Code, INCLUDING ANTICIPATORY SECURITIES, FOR the
purposes PURPOSE of paying the cost of the
preparation of the data, including plans, specifications,
surveys, and maps needed or determined TO BE necessary OR
APPROPRIATE in order to
plan
for the proper supply, purification, filtration, and distribution
of water or, THE proper collection and,
treatment, AND DISPOSAL of sewage, OR THE PROPER
COLLECTION, CONTROL, ABATEMENT, OR TREATMENT OF SURFACE AND SUBSURFACE
DRAINAGE, EACH AND ALL within the LIMITS OF THE
county or a part thereof OF THE COUNTY or beyond the limits of
the county but
within the same drainage area as is in part within the county,
and, if the board of county commissioners determines that the
funds allocated for general operating expenses of the county are
insufficient to pay the operating expenses for the current year
and the cost of the preparation of such data, the board in lieu
of the submission of the question of a levy to the voters and the
levy of a tax outside the ten-mill limitation as provided for in
sections 6119.31 and 6119.32 of the Revised Code may issue bonds
of such subdivision IT TO BE NECESSARY OR APPROPRIATE, FOR THE PURPOSE
OF PAYING THE COSTS OF ACQUIRING REAL ESTATE OR INTERESTS IN REAL ESTATE FOR
IMPROVEMENTS FOR ONE OR MORE OF THOSE PURPOSES. THE DATA MAY INCLUDE, BUT ARE
NOT LIMITED TO, PLANS, SPECIFICATIONS, ESTIMATES OF COST, DRILLINGS, MAPS,
SOUNDINGS, SURVEYS, AND TENTATIVE ASSESSMENTS AGAINST PROPERTIES THAT ARE
POTENTIALLY BENEFITED. THE SECURITIES SHALL BE in an amount not exceeding
the total
estimated cost of the preparation of such data to defray the
expense of such data AND OF MAKING ANY ACQUISITIONS OF REAL ESTATE
OR INTERESTS IN REAL ESTATE, TOGETHER WITH ALL OTHER ITEMS OF COST THAT ARE
INCIDENT TO
THAT PREPARATION OR THOSE ACQUISITIONS AND THAT ARE DESCRIBED IN DIVISION
(B)
OF SECTION 133.15 of the Revised Code.
PRIOR TO THE ISSUANCE OR THE FIRST ISSUANCE OF THE SECURITIES, THE BOARD
SHALL DETERMINE THAT THE FUNDS ALLOCATED FOR GENERAL OPERATING EXPENSES OF THE
COUNTY ARE INSUFFICIENT TO PAY BOTH THOSE OPERATING EXPENSES FOR THE CURRENT
YEAR AND THE TOTAL ESTIMATED COST TO BE FINANCED UNDER AUTHORITY OF THIS
SECTION.
The SECURITIES SHALL BE CHAPTER 133. SECURITIES, AND
THEIR issuance of the bonds, or notes in anticipation
thereof, shall be subject to Chapter 133. of the Revised Code
THAT CHAPTER,
except that the MAXIMUM maturity of the bonds SECURITIES
shall not extend beyond a
period of EXCEED ten years. The proceeds of bonds, or notes in
anticipation thereof, SECURITIES issued for the purpose of paying
costs of
the improvements for which such THE data has been
IS prepared, OR FOR WHICH ANY ACQUISITION OF REAL ESTATE OR
INTEREST IN REAL ESTATE IS MADE may be
issued APPLIED, WITHOUT REDUCTION OF THEIR MAXIMUM
MATURITY, to retire notes ANTICIPATORY SECURITIES
issued pursuant to this section.
All moneys raised by the issuance of bonds and notes SECURITIES
pursuant to this section shall be appropriated for APPLIED TO
the purpose of
preparing such data as PURPOSES provided for in section 6119.31 of
the
Revised Code AND IN THIS SECTION.
Section 2. That existing sections 133.15, 307.09, 315.14, 5555.01, 5555.43,
5555.46,
5555.51, 5571.15, 5573.07, 6103.01, 6103.02, 6103.03, 6103.04, 6103.05,
6103.07,
6103.081, 6103.11, 6103.12, 6103.13, 6103.15, 6103.17, 6103.20,
6103.21, 6103.22, 6103.23, 6103.24, 6103.25, 6103.29, 6103.31,
6117.01, 6117.011, 6117.02, 6117.04, 6117.05, 6117.06, 6117.08,
6117.23, 6117.251, 6117.28, 6117.29, 6117.30, 6117.32, 6117.34,
6117.38, 6117.39, 6117.41, 6117.42, 6117.43, 6117.44, 6117.45, and
6119.36 and sections 6103.09 and 6117.26 of the Revised Code are hereby
repealed.
Section 3. The amendments and enactments made by Sections 1 and 2 of this act
shall apply, insofar as their provisions support them, to any proceedings,
including
proceedings defined in section
133.01 of the Revised Code, that on the effective date of this act are
pending, in progress, or complete and that are supplemented to provide or
confirm compliance with or support by the provisions of those amendments and
enactments as if they had been in effect at the time of those proceedings, and
also apply to the public obligations authorized, issued, or incurred pursuant
to those proceedings, notwithstanding the applicable law previously in effect
or any provision to the contrary in a prior resolution, ordinance, order,
advertisement, notice, or other proceeding. Any proceedings pending or in
progress on the effective date of this act, and public obligations authorized,
sold, issued, incurred, delivered, and if applicable, validated pursuant to
those proceedings, shall be deemed to have been taken, and authorized, sold,
issued, incurred, delivered, and validated, in conformity with those
amendments and enactments.
The provisions of the Revised Code amended or repealed by this act shall be
deemed to remain applicable to public obligations issued or incurred pursuant
to or in reliance on them prior to the effective date of those amendments or
repeals.
Section 4. The authority provided by Sections 1 and 2 of this
act provides additional and supplemental provisions for the
subject matter that also may be the subject of other laws and is
supplemental to and not in derogation of any similar authority
provided by, derived from, or implied by the Ohio Constitution or
any other law, including sections of the Revised Code amended by
this act, or any charter, order, resolution, or ordinance, and no
inference shall be drawn to negate the authority under them by
reason of express provisions contained in Section 1 of this act.
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