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(123rd General Assembly)(Substitute House Bill Number 617)
AN ACT
To amend sections 5511.04, 6101.01, 6101.02, 6101.03, 6101.04, 6101.07,
6101.08, 6101.11, 6101.12, 6101.13, 6101.15, 6101.16, 6101.17, 6101.19,
6101.23, 6101.25, 6101.30, 6101.31, 6101.32, 6101.33, 6101.36, 6101.38,
6101.39, 6101.40, 6101.41, 6101.42, 6101.43, 6101.44, 6101.441, 6101.45,
6101.48,
6101.49, 6101.50, 6101.501, 6101.51, 6101.52, 6101.53, 6101.54, 6101.55,
6101.57, 6101.58, 6101.59, 6101.60, 6101.61, 6101.65, 6101.67, 6101.68,
6101.69, 6101.70, 6101.71, 6101.73, 6101.74, 6101.77, 6101.78, 6101.79,
6101.80, and 6101.84 of the Revised Code to update the provisions of the
Conservancy District Law for both technical and substantive purposes,
including modifications to notifications and other procedures relative to
appraisals, anticipatory notes, bonds, and assessments.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 5511.04, 6101.01, 6101.02, 6101.03, 6101.04, 6101.07,
6101.08, 6101.11, 6101.12, 6101.13, 6101.15, 6101.16, 6101.17, 6101.19,
6101.23, 6101.25, 6101.30, 6101.31, 6101.32, 6101.33, 6101.36, 6101.38,
6101.39,
6101.40, 6101.41, 6101.42, 6101.43, 6101.44, 6101.441, 6101.45, 6101.48,
6101.49, 6101.50, 6101.501, 6101.51, 6101.52, 6101.53, 6101.54, 6101.55,
6101.57, 6101.58, 6101.59, 6101.60, 6101.61, 6101.65, 6101.67, 6101.68,
6101.69, 6101.70, 6101.71, 6101.73, 6101.74, 6101.77, 6101.78, 6101.79,
6101.80, and 6101.84 of the Revised Code be amended to read as follows:
Sec. 5511.04. The director of transportation may relocate
and for such that purpose construct or reconstruct such
the relocated
portions of all roads, highways, and streets, within, leading
through, or adjacent to any lands owned by a conservancy district
organized under sections 6101.01 to 6101.84 Chapter
6101. of the Revised Code,
or lands on which any such conservancy district has a flood
easement,
construction easement, or right-of-way. The director may co-operate cooperate in the construction,
reconstruction, improvement, repair, and maintenance of roads
leading from a state highway to any public park, forest preserve,
or recreational area, or within the boundary of any public park,
forest preserve, or recreational area, under the control and
custody of such a conservancy district. The director shall confer with the board of directors of
any such a conservancy district upon the construction,
reconstruction,
location, or relocation of any roads or highways which that must
be in
conformity with the general engineering plans of the district. With respect to any such road improvement projects, the
director may, upon the terms mutually agreed between the
director and the
board of the district, in view of the benefits to be derived,
enter into any contracts with such the district as may be
necessary
or convenient to carry out the general plans of the district. The costs of such the improvements shall be paid in the same
manner as for a state highway improvement, provided the
expenditures in any one year shall not exceed two hundred
thousand dollars. This section does not derogate or limit the powers of the
director to add additional mileage to the state highway system. This section does not derogate or limit the power and
authority conferred upon a district and its board by sections
6101.01 to 6101.84 Chapter 6101. of the Revised
Code. Sec. 6101.01. As used in sections 6101.01 to 6101.84,
inclusive, of the Revised Code this chapter: (A) "Publication" or "published" means once a week for three
consecutive
weeks in each of two newspapers of different political
affiliations if there are such newspapers, and a newspaper of
general circulation in the county or counties wherein such
where the publication
is to be
made. Such publication need not be made on the same day of the
week in each of the three weeks; but not less than fourteen days,
excluding the day of the first publication, shall intervene
between the first publication and the last publication.
Publication shall be complete on the date of the last
publication. Where such When a publication is required to be made
by a
conservancy district or its board of directors, a copy of such
the
publication, certified by the secretary of the conservancy
district to have been published in accordance with the provisions
of this division of section 6101.01 of the Revised Code, shall be
admitted in any court of this state as prima-facie evidence that
such the publication has been made as herein provided
for. (B) "Person" means person, firm, partnership, association,
or corporation, other than has the same meaning as in section 1.59
of the Revised Code. "Person" does not include a county, township, municipal
corporation, or other political subdivision of the state. (C) "Public corporation" or "political subdivision" means
counties, townships, municipal corporations, school districts,
road districts, ditch districts, park districts, levee districts,
and all other governmental agencies clothed entities vested with
the power of
levying general to levy assessments or special taxes. (D) "Court" means the court of common pleas in which the
petition for the organization of a conservancy district was is
filed
and granted, as presided over by the judges provided for in section
6101.07 of the Revised Code. (E) "Land" or "property," unless otherwise specified,
means real property, as "real property" that term is used
in and
defined
by the laws of this state, and embraces includes all railroads,
tramroads,
roads, electric railroads, street and interurban railroads,
streets and street improvements, telephone, telegraph, and
transmission lines, gas, sewerage, and water systems, pipe lines
and rights of way of public service corporations, and all other
real property whether public or private real property. (F) "Underground water" means any water under the surface
of the land or under the bed of any stream, lake, reservoir, or
other body of surface water. (G) "Aquifer" means any underground water-bearing bed or
stratum of earth, gravel, sand, or porous stone having boundaries
that may be ascertained or reasonably inferred, in which water
stands, flows, or percolates. Sec. 6101.02. (A) The bonds issued under sections 6101.01 to 6101.84,
inclusive, of the Revised Code, this chapter may be called
"conservancy bonds," and the term shall be
so engraved or printed on their the face of the
bonds. (B) The tax books and records provided for in such sections
this chapter shall be termed
"conservancy books" or "conservancy records," and such titles shall
be
printed,
stamped, or written thereon. Sec. 6101.03. (A) In any orders of the court, the words "The court
now here
finds that it hath jurisdiction of the parties to and of the subject matter of
this proceeding" are equivalent to a finding that each jurisdictional fact
necessary to confer plenary jurisdiction upon the court, beginning with the
proper signing and filing of the initial petition to the date of the order
containing such that recital, has been scrutinized by the court
and has been found
to meet every legal requirement imposed by sections 6101.01 to 6101.84,
inclusive, of the Revised Code this chapter. (B) No other evidence of the legal hypothecation of the special
tax assessments to the
payment of the bonds is required than the passage of a bonding
resolution by
the board of directors of a conservancy district and the issuance of bonds in
accordance therewith with the resolution. (C) In the preparation of any assessment or appraisal record, the
usual
abbreviations employed by engineers, surveyors, and abstractors may be used. (D) Where properly to describe any parcel of land, it would be necessary to
use a long description, the board of appraisers of a conservancy district,
after locating the land generally, may refer to the book and page of the
public
record of any instrument in which the land is described, which reference shall
suffice to identify for all the purposes of such sections this
chapter the land described in the public record so referred to. (E) Except as otherwise provided in section 6101.32 of the Revised Code,
it It is not necessary in any notice required by such
sections to be published to
specify the names of the owners of the lands or of the persons interested
therein; but, except as otherwise provided in section 6101.32 of the
Revised
Code, any such in the lands. A notice may be addressed "To All
Persons or Public Corporations
Interested" with like effect as though such the notice named by
name every owner
of
any lands within the territory specified in the notice and,
every person
interested therein in the lands, and every lienor, actual or
inchoate, with respect to the lands. (F) Every district declared upon hearing to be a conservancy district shall
thereupon become upon that declaration a political subdivision
and a public corporation of the state,
invested with all the powers and privileges conferred upon such
conservancy districts by such sections this chapter. Sec. 6101.04. Any area or areas situated in one or more counties may be
organized as a conservancy district, in the manner and subject to the
conditions provided by sections 6101.01 to 6101.84, inclusive, of the
Revised
Code, this chapter for any of the following purposes: (A) Preventing floods; (B) Regulating stream channels by changing, widening, and deepening the
same stream channels; (C) Reclaiming or filling wet and overflowed lands; (D) Providing for irrigation where it may be needed; (E) Regulating the flow of streams and conserving the their
waters thereof; (F) Diverting or in whole or in part eliminating watercourses; (G) Providing a water supply for domestic, industrial, and public use; (H) Providing for the collection and disposal of sewage and other liquid
wastes produced within the district; (I) Arresting erosion along the Ohio shore line of Lake Erie. This section does not terminate the existence of any district organized prior
to July 19, 1937, entirely within a single county. The purposes of a district may be altered by the same procedure as provided
for the establishment of such a the district. Sec. 6101.07. Upon the determination of a judge of the
court of common pleas that a sufficient petition has been filed
in such the court in accordance with section 6101.05 of the
Revised
Code, he the judge shall give notice thereof of the
petition to the court of
common pleas
of each county included in whole or in part within the proposed
conservancy district. The judge of the court of common pleas of
each such county, or in the case of any county having more than
one such judge, one judge assigned by order of the judges of the
court of common pleas thereof of the county, shall sit as the
court of common
pleas of the county wherein in which the petition was filed to
exercise
the jurisdiction conferred by sections 6101.01 to 6101.84,
inclusive, of the Revised Code this chapter. In case of the
inability to
serve of the judge of any county having only one judge, the chief
justice of the supreme court, upon application of any interested
person and proper showing of need, may assign a judge from
another county to serve as a judge for such the county during
the
disability of its local judge. The court of any county, presided
over by the judges provided for in this section, may establish
conservancy districts when the conditions stated in section
6101.05 of the Revised Code are found to exist. Except as
otherwise provided by sections 6101.08 to 6101.84, inclusive, of
the Revised Code, such in this chapter, the court has, for all
purposes of sections
6101.01 to 6101.84, inclusive, of the Revised Code this chapter,
original and
exclusive jurisdiction coextensive with the boundaries and limits
of the district or proposed district and of the lands and other
property included in, or proposed to be included in, such the
district or affected by such the district, without regard to the
usual limits of its jurisdiction. The judges of the court shall
meet in the first instance upon the call of the judge determining
the sufficiency of the petition and shall elect one of their
number as presiding judge. Each judge when sitting as a member
of the court shall receive such compensation and allowance for
expenses as provided by law for a judge of the court of common
pleas serving by assignment outside the county wherein he in which
the judge resides, which shall be paid as other expenses of the
organization or operation of the district are paid. The court shall adopt rules of practice and procedure not
inconsistent with sections 6101.01 to 6101.84, inclusive, of the
Revised Code, this chapter and the general laws of this state. If
the court
consists of more than three judges, it may designate three of its
members from three different counties to preside over the court,
hear matters coming before the court, and make determinations and
decisions or findings and recommendations, as the rules of the
court provide, with respect to any matters authorized by such
the
rules, the disposition of which is vested in the court, except
that it shall not make final decisions and orders as to the following: (A) The establishment, dissolution, or merger of the
district or of subdistricts thereof of it; (B) The adoption, rejection, or amendment of the official
plan; (C) The appointment and removal of directors and
appraisers; (D) The confirmation of the appraisers' report of
benefits, damages, and appraisals of property; (E) The authorization of maintenance assessments in excess
of one per cent of benefits; (F) The authorization of a readjustment of the appraisal
of benefits in accordance with section 6101.54 of the Revised
Code; (G) The approval of the method of financing improvements
and activities under section 6101.25 of the Revised Code; (H) The determination of rates of compensation for water
under sections 6101.24 and 6101.63 of the Revised Code; (I) The examination of the annual report of the board of
directors of the conservancy district as provided under section
6101.66 of the Revised Code. The concurrence of two of the three judges so designated
shall be necessary for any action or determination thereby by the
judges, and it
has, if so provided by the rules of the court, the same effect as
though taken or made by the full court. All actions and
determinations by the full court require the affirmative vote of
a majority of the judges constituting the court. In all cases in
which the judges are evenly divided, that side with which the
presiding judge votes shall prevail. In the event If the court
consists of two judges and they find themselves unable to agree
on any question left to their decision, a judge of the court of
common pleas of some other county shall be designated by the
chief justice of the supreme court to sit and vote as a third
member of the court until such the question is decided. When the court by its order entered of record decrees that
a subdistrict be organized, the judge of the court of common
pleas of each county included in whole or in part in the
subdistrict, or in the case of any such county having more than
one such judge, one judge assigned by order of the judges of the
court of common pleas thereof of the county, shall sit as the
court of common
pleas, with jurisdiction in all matters relating to the
subdistrict, the disposition of which is vested in the court,
except those listed in paragraph divisions (A), (C), and
(I) of this
section, which shall remain the responsibility of the full court. Sec. 6101.08. At the preliminary meeting of the court, it shall fix
the time
and place of the hearing on the petition for the establishment of the proposed
conservancy district, which hearing shall be held not later than sixty days
thereafter, and the clerk of such the court shall give notice of
such the hearing by
publication. Any owner of real property in a proposed district who
individually has not signed such a the petition and who wishes
to object to the
organization and incorporation of said the district shall, on or
before the date
set for the cause to be heard, file his the owner's objections
to the organization and
incorporation of such the district. Similarly, objections may
be filed by any
public corporation which that has not signed such
the petition. Such The objections shall
be limited to a denial of the statements in the petition, and shall be
heard
by
the court as an advanced case without unnecessary delay. Upon the hearing, if it appears that the purposes of sections 6101.01 to
6101.84, inclusive, of the Revised Code, this chapter would be
subserved by the creation of
a district, the court, after disposing of all objections as justice and equity
require, shall by its findings, duly entered of record:,
adjudicate all
questions of jurisdiction; determine that the organization of the district for
the purposes for which it is being organized, and that the surveys, plans,
appraisals of benefits and damages, estimates of cost, land options, and the
preparation of an official plan, will benefit the area within the
territorial
boundaries of the district; declare the district organized; and give it
a corporate
name by which in all proceedings it shall thereafter be known. A district so
organized shall be a political subdivision of the state and a body corporate
with all the powers of a corporation, and shall have perpetual existence, with
power to sue and be sued, to incur debts, liabilities, and obligations, to
exercise the right of eminent domain and of taxation and assessment as
provided
in such sections this chapter, to issue bonds, and to do all
acts necessary and proper for
the carrying out of the purposes for which the district was created and for
executing the powers with which it is invested. In such the decree, the court shall designate the place where
the office or
principal place of business of the district shall be located, which shall be
within the corporate limits of the district if practicable, and which may be
the district shall be held at such the office or place of
business, but for cause
may be adjourned to any other convenient place. The official records and
files
of the district shall be kept at such the office except as
otherwise approved by
the court. If the court finds that the property set out in said the
petition should not be
incorporated into a district, it shall dismiss said the
proceeding, and adjudge
the
costs against the signers of the petition in the proportion of the interest
represented by them. After an order is entered, either dismissing the petition or establishing the
district, such the order is a final order and may be appealed by
any interested
party or by the state, within twenty days from the date that the order is
entered. The organization of said the district shall not be
directly or
collaterally questioned in any suit, action, or proceeding except as expressly
authorized in sections 6101.01 to 6101.84, inclusive, of the Revised
Code this chapter. Sec. 6101.11. Each member of the board of directors of a conservancy
district, before entering upon his the member's official duties,
shall take and subscribe to an oath
before a suitable officer that he the member will honestly,
faithfully, and impartially
perform the duties of his office, and that he the
member
will not be interested directly
or indirectly in any contract let by said the district.
Said this oath shall be filed
in the office of the clerk of the court in the original case. Upon the
members' taking of the
oath, the board shall choose one of its number as president of the
board, and
may elect another as vice-president. The board shall elect some suitable
person secretary of the conservancy district, who shall not be a member of the
board. Such The board shall adopt a seal, and shall keep in a well-bound
book a
record of all of its proceedings, minutes of all of its
meetings, certificates,
contracts, bonds given by employees, and all corporate acts. Such book
The record shall
be open to the inspection of all owners of property in the district, as
well
as to all other interested parties. The The board shall adopt bylaws governing
the
administration of the affairs of the district. A majority of the board constitutes a quorum, and a concurrence of the
majority
in any matter within the board's duties is sufficient for its determination.
All actions of the board shall be by motion or resolution. Sec. 6101.12. The secretary of the conservancy district
shall be the custodian of the records of the district and of its
corporate seal and shall assist the board of directors in such
the
particulars as it directs in the performance of its duties. The
secretary shall attest, under the corporate seal of the district,
all certified copies of the official records and files of the
district that are required of him the secretary by sections
6101.01 to 6101.84, inclusive, of the Revised Code, this chapter or
by any person
ordering such copies and paying the reasonable cost of transcription.
Any
portion of a record so certified and attested prima-facie imports
verity. The secretary shall serve also as treasurer of the
conservancy district, unless a treasurer is otherwise provided
for by the board. The board may employ a chief engineer; an attorney; and
such other engineers, attorneys, agents, and assistants as are
needed, and may provide for their compensation, which, with all
other necessary expenditures, shall be taken as a part of the
cost of the improvement. The employment of the secretary, treasurer, chief engineer,
and attorney for the district shall be evidenced by agreements in
writing, which, so far as possible, shall specify the amounts to
be paid for their services. The chief engineer shall be superintendent of all the works
and improvements, and shall make a full report to the board each
year, or oftener more often if required, and may make
such suggestions and
recommendations to the board as he deems the chief engineer
considers proper. The board may require any officer or employee of the
district to give bond for the faithful performance of his the
officer's or employee's official duties in an amount prescribed by it, the
expense thereof of the bond to be paid from the funds of the
district. The secretary or treasurer may take and certify the
acknowledgment of instruments granting easements or rights-of-way
to the district. Such acknowledgment Acknowledgment and
certification,
subscribed by the secretary or treasurer, is an acknowledgment
and certification for purposes of section 5301.01 of the Revised
Code. Sec. 6101.13. Upon its qualification, or as soon
thereafter as practicable, the board of directors of a
conservancy district shall prepare a plan for such the part or
parts
of the improvements for which the district was created as the
board of directors shall deem considers advisable. Such
The plan shall be
filed, in accordance with this section, within two years from the
date of the order establishing the district. The court may grant
extensions of time allowed for the filing of the plan if the
board of directors so requests, for good cause shown. No plan or
portion of a plan shall be prepared providing a water supply for
domestic, industrial, or public use, or providing for the
collection and disposal of sewage and other liquid wastes, for
any municipal corporation, unless the governing body of such the
municipal corporation has petitioned the board to provide a water
supply or a system for the collection and disposal of sewage and
other liquid wastes, or has signed the petition initiating the
proceeding by which the district acquired authority to undertake
such improvements. Such The plan shall include such
the maps, profiles,
plans, and other data and descriptions as are necessary to set
forth properly the location and character of the work and of the
property benefited or taken or damaged, with estimates of cost
for doing the work, including the proportion of the total cost to
be assessed within the district, a breakdown of the sources of
funds to be used in making the improvements, and the extent of
participation, if any, by other political agencies in
constructing the work. If the board finds that any former survey made by any other
district or in any other matter is useful for the purposes of the
district, the board may take over the data secured by such that
survey, or such other proceedings as is useful to it, and may pay
therefor an amount equal to the value of such that data
to said the other
district. No construction shall be made under sections 6101.01
to 6101.84 of the Revised Code, which this chapter that will cause
the flooding of
any municipal corporation or which that will cause the
water to back
up into any municipal corporation, unless the board has acquired
and paid for the right to use the land affected for such purpose,
and has paid all damages incident thereto to the flooding or
back-up. No railroad shall be
required to be constructed with a grade in excess of the maximum
ruling grade then existing upon that division of said the
railroad
whereon said where the change is required. Upon the completion of such the plan, the board shall file a
copy thereof of it with the environmental protection
agency,
which may
approve or reject any provisions thereof of the plan relating to
the
supplying of water for domestic, industrial, and public use or to
the collection and disposal of sewage and other liquid wastes.
In deciding whether to approve or reject such the provisions,
the
agency shall consider, among other factors, the protection of the
public health, and compliance with air and water quality
standards and regulations and solid waste disposal requirements.
If the department agency rejects such the
provisions or refers them back for
amendment, the board shall prepare other or amended provisions
relating thereto. If the agency approves the provisions, it
shall certify a copy of its action to the board, which shall file
it as a record of the district. Upon the completion of the plan and the approval by the
agency, the board shall cause give notice of the completion of
such the
plan to be given by publication in accordance with section
6101.01 of the Revised Code, and shall file a copy of such
the plan
in the office of the clerk of the court of common pleas court of
each
county in which works of improvement are proposed, or in which
property would be benefited, damaged, or taken by the execution
of such the plan. Such copies Copies shall be
available for inspection by
all persons, public corporations, and agencies of the state
government interested. The board shall make copies of the plan
available to any interested party, such and may charge for the
copies to be supplied
only at the cost thereof of their production. Said The notice shall fix the times and places for the hearing
of all objections to said the plan, which shall be not
less than
twenty nor or more than thirty days after the last
publication of
said the notice. The board, or its duly appointed
representative
under this section, may, upon motion and for good cause shown, or
upon its the board's or his representative's own
motion, grant
continuances to a day certain
of the hearing on the plan. Such Any continuances shall not
necessitate additional notice. All objections to said the plan
shall
be in writing and filed with the secretary of the conservancy
district at his the secretary's office not more than twenty days
after the last
publication of said the notice. A hearing on the objections
so filed
shall be provided for by the board in the county seat of each
county in which a copy of the plan has been filed as required by
this section, but such the hearing may be canceled in any county
from
which no objections have emanated either from a resident or owner
of property located therein within the county. The board may,
if it deems considers it
necessary, appoint one or more representatives, each of whom shall
be assigned by the board to conduct one or more of the hearings
on the objections as required by this section and to cause make
a
record to be made of each of such the hearings and
to report such the
record back to the board. After said the hearings, the board
shall
adopt the plan with or without modifications as the official plan
of the district. Within ten days after the adoption of the
official plan by the board, the secretary of the conservancy
district shall certify a copy thereof of it and deposit it with
the
clerk of the court, who shall file it in the original case. If
any person, public corporation, or agency of the state government
objects to said the official plan, so as adopted,
then such the person,
public corporation, or agency of the state government may, within
thirty days from the adoption of said the official plan, file
their
objections in writing, specifying the features of the plan to
which they object, in the original case establishing the district
in the office of the clerk of the court. The clerk of the court
shall fix a day for a hearing upon said on the official plan
before the
court, which shall not be less than twenty nor or more
than
thirty
days after the time fixed for filing objections, at which time
the court shall hear any objections so filed and approved
approve, reject, or refer back said the plan to the
board.
The court may, upon motion and for good cause shown, or
upon its own motion, grant continuances to a date certain of the
hearing on the plan when it is made to appear to the court that
further time is needed for study of the plan by objectors. Such
Any
continuances shall not necessitate additional notice. If the
court rejects said the plan, the board shall proceed as in the
first
instance under this section to prepare another plan. If the
court refers said the plan to said the board for
amendment, then the
court shall continue the hearing to a day certain without
publication of notice. If the court approves said the plan as
the
official plan of the district, a certified copy of the journal
entry of the court shall be filed with the secretary, and by him
incorporated the secretary shall incorporate it into the records of
the district. The board, with
the approval of the court, may alter or add to the official plan
until the appraisal record is filed, and the board of appraisers of the
conservancy district shall take notice of all such of the
alterations
and additions the board of appraisers of the conservancy district
shall take notice; but if. If, in the judgment of
the
court, any such
alteration or addition is material in character, the procedure
thereon on it shall be the same as on the adoption of the plan.
After
the appraisal record has been filed in court, no alterations of
the official plan or additions thereto to it shall be made
except as
provided in section 6101.39 of the Revised Code. The board of directors of a conservancy district shall have
full power and authority to devise, prepare for, execute,
maintain, and operate all works or improvements necessary or
desirable to complete, maintain, operate, and protect the
official plan. It may secure and use men workers and equipment
under the supervision of the chief engineer or other agents, or it may
let enter into
contracts for such the works, either as a whole or in parts. Sec. 6101.15. In order to accomplish the purposes of the
conservancy district, the board of directors of a conservancy
district may do the following: (A) Clean out, straighten, widen, alter, deepen, or change
the course or terminus of any ditch, drain, sewer, river,
watercourse, pond, lake, creek, or natural or artificial stream
located in or out of said the district; (B) Fill up any abandoned or altered ditch, drain, sewer,
river, watercourse, pond, lake, creek, or natural or artificial
stream, and concentrate, divert, or divide the flow of water in
or out of said the district; (C) Construct, acquire, operate, and maintain main and
lateral ditches, sewers, canals, levees, dikes, dams, sluices,
revetments, reservoirs, holding basins, floodways, wells,
intakes, pipe lines, purification works, treatment and disposal
works, pumping stations and siphons, and any other works and
improvements deemed considered necessary to accomplish the
purposes of the
district or to construct, preserve, operate, or maintain such
the
works in or out of said the district. Sections 6101.01 to
6101.84,
inclusive, of the Revised Code do this chapter does not limit the
authority of
public corporations to install, maintain, and operate sewerage
systems and water-works systems as otherwise permitted by law;,
but the board shall have full power to require the use of the
improvements constructed or acquired by the district for the
purpose of water supply or the collection and disposal of sewage
and other liquid wastes by the public corporations and persons
within the district for which such the improvements were
installed;. (D) Afforest lands owned by the district; (E) Install improvements on lands owned or controlled by
the district for the proper maintenance thereof of the lands, or
for the
purpose of preventing or minimizing damage to the works and
improvements of the district; (F) Construct connections to the works of the district for
the delivery of a water supply therefrom from the works or for
the delivery of
sewage and other liquid wastes thereto to the works; (G) Construct or enlarge any bridges that may be needed in
or out of said the district; (H) Construct or elevate roadways and streets; (I) Construct any of said the works and improvements across,
through, or over any public highway, canal, railroad right of
way, track, grade, fill, cut, or other public or private property
located in or out of said the district; (J) Remove or change the location of any fence, building,
railroad, canal, or other structure or improvement located in or
out of said the district, but if it is not feasible or
economical to
move any building, structure, or improvement situated in or upon
lands required by the district and if the cost to the district is
determined by the board to be less than that of purchase or
condemnation, the board may acquire land and construct, acquire,
or install, therein or upon, buildings, structures, or
improvements, similar in purpose, to be exchanged for the
aforementioned buildings, structures, or improvements under
contracts entered into between the owner thereof of them and the
district; (K) Hold, encumber, control, acquire by donation,
purchase, or condemnation, construct, own, lease, use, and sell
real and personal property, and any easement, riparian right,
railroad right of way, canal, cemetery, sluice, reservoir,
holding basin, milldam, water power, wharf, or franchise in or
out of said the district for right of way, holding basin,
location,
or protection of works and improvements, relocation of
communities and of buildings, structures, and improvements
situated on lands required by the district, or for any other
necessary purpose, or for obtaining or storing material to be
used in constructing and maintaining said the works and
improvements; (L) Replat or subdivide land, open new roads, streets, and
alleys, or change the course of an existing one, and install
therein improvements to replace those in the former roads,
streets, or alleys; (M) Procure insurance against loss to the district by
reason of damage to its properties, works, or improvements
resulting from fire, theft, accident, or other casualty or by
reason of the liability of the district for any damages to
persons or property occurring in the operation of the works and
improvements of the district or the conduct of its activities; (N) Conduct on its own or in combination with other entities, water quantity
and quality studies and other water monitoring activities that do not conflict
with similar studies or activities by other agencies. A written report of the
findings of any such study or activity, or a copy thereof of
it, shall be submitted
to the director of environmental protection. (O) Do all things necessary or incident to the fulfillment
of the purposes for which the district is established. Sec. 6101.16. When it is determined to let the work
relating to the improvements for which a conservancy district was
established by contract, contracts in amounts to exceed
fifteen twenty-five
thousand dollars shall be advertised after notice calling for
bids has been published once a week for three two consecutive
weeks completed on date of last publication, with the last
publication to occur at least eight days prior to the date on which bids will
be accepted, in at least one a
newspaper
of general circulation within the conservancy district where the
work is to be done. If the bids are for a contract for the
construction, demolition, alteration, repair, or reconstruction
of an improvement, the board of directors of the conservancy
district may let the contract to the lowest or best responsive and
most responsible bidder who
meets the requirements of section 153.54 of the Revised Code. If
the bids are for a contract for any other work relating to the
improvements for which a conservancy district was established,
the board of directors of the district may let the contract to
the lowest or best responsive and most responsible bidder who
gives a good and approved bond,
with ample security, conditioned on the carrying out of the
contract. The contract shall be in writing and shall be
accompanied by or refer to plans and specifications for the work
to be done prepared by the chief engineer. The plans and
specifications shall at all times be made and considered a part
of the contract. The contract shall be approved by the board and
signed by the president of the board and by the contractor and
shall be executed in duplicate. In case of sudden emergency when
it is necessary in order to protect the district, the advertising
of contracts may be waived upon the consent of the board, with
the approval of the court or a judge of the court of common pleas
of the county in which the office of the district is located. Sec. 6101.17. The board of directors of a conservancy district, when it is
necessary for the purposes of sections 6101.01 to 6101.84, inclusive, of
the
Revised Code this chapter, shall have a dominant right of eminent
domain over the right of
eminent domain of railroad, telegraph, telephone, gas, water power, and other
companies and corporations, and over townships, counties, and municipal
corporations. In the exercise of this right, due care shall be taken to do no
unnecessary
damage to other public utilities, and, in case of failure to agree upon the
mode and terms of interference, not to interfere with their operation or
usefulness beyond the actual necessities of the case, due regard being paid to
the other public interests involved. Sec. 6101.19. (A) The board of directors of a conservancy
district may make and enforce such rules and regulations as it
deems considers necessary and advisable to do the
following: (1) To protect and preserve the works, improvements, and
properties owned or controlled by the district, prescribe the
manner of their use by public corporations and persons, and
preserve order within and adjacent thereto to the works,
improvements, and properties; (2) To prescribe the manner of building bridges, roads, or
fences or other works in, into, along, or across any channel,
reservoir, or other construction of the district; (3) To prescribe the manner in which ditches, sewers, pipe
lines, or other works shall be adjusted to or connected with the
works of the district or any watercourse therein in the district
and the manner
in which the watercourses of the district may be used for sewer
outlets or for disposal of waste; (4) To prescribe the permissible uses of the water supply
provided by the district and the manner of its distribution, and
to prevent the pollution or unnecessary waste of such the water
supply; (5) To prohibit or regulate the discharge into the sewers
of the district of any liquid or solid wastes deemed considered
detrimental
to the works and improvements of the district. Such The rules and regulations shall not be inconsistent with
the laws of the state or the rules and regulations or
requirements of the director of environmental protection, and
shall be published in the manner provided by section 6101.01 of
the Revised Code before taking effect.
(B) No person shall violate any rule or regulation adopted
in accordance with this section. (C) The board may enforce by mandamus or otherwise all
necessary regulations made by it and authorized by sections
6101.01 to 6101.84 of the Revised Code, and this chapter,
may remove any
harmful or improper construction or obstruction or close any
opening or connection made improperly or in violation of such
the
rules and regulations, and may bring such suits in mandamus in
the court of appeals in the first instance, if it deems
considers
it
advisable. Any person or public corporation which that
willfully
fails to comply with such the rules and regulations shall be
liable
for damage caused by such the failure, and for the cost
of renewing
any construction damaged or destroyed. (D) No person or public corporation shall erect within the
drainage area of the district any dam or reservoir upon any
stream or watercourse therein in it, or any work or
obstruction
diminishing the cross section of any such stream or watercourse in
it,
until a copy of the plans thereof for the dam, reservoir, work, or
obstruction has been filed with the
secretary of the conservancy district for the board's
examination. Sec. 6101.23. The board of directors of a conservancy
district may enter into contracts or other arrangements with the
United States government or any department thereof of it, with
persons,
railroads, or other corporations, with public corporations, and
with the state government of this or other states, and with drainage,
conservation, conservancy, sewer, park, or other improvement
districts, in this or other states, for co-operation or
assistance, not in violation of Article VIII, Ohio Constitution,
in constructing, maintaining, using, and operating the works of
the district, the waters thereof of it, or the parks, parkways,
forests, and recreational facilities thereof of it, or in
minimizing or
preventing damage to the properties, works, and improvements of
the district from soil erosion, or for making surveys and
investigations or reports thereon. The board may purchase,
lease, or acquire land or other property in adjoining states to
secure outlets or for other purposes of sections 6101.01 to
6101.84, inclusive, of the Revised Code, this chapter and may let
contracts or spend money for securing such the outlets or other
works in adjoining states. Sec. 6101.25. The board of directors of a conservancy
district may construct, improve, operate, maintain, and protect
parks, parkways, forest preserves, bathing beaches, playgrounds,
and other recreational facilities upon the lands owned or
controlled by the district, or upon lands located within the
district owned or controlled by the United States government or
any department thereof of it, by the this state
of Ohio or any department or
division thereof of it, or by any political subdivision, if
authorized
by lease, contract, or other arrangements with the appropriate
agency of government having such ownership or control,
and. The board may
acquire by lease, purchase, or appropriation property additional
to that required for the purposes for which the district was
incorporated, in order to provide for the protection, more
adequate development, and fuller public use and enjoyment of such
the
improvements and facilities. The board may impose and collect
charges for the use of the properties, improvements, and
facilities maintained or operated by the district for
recreational purposes. Moneys collected from these charges may be used to
promote the district's
recreational facilities. In case the revenues derived or to be derived from the
properties, improvements, and facilities maintained, operated,
used, or acquired by the district for recreational purposes are
not sufficient for the purposes of this section, the board, with
the approval of the court, may provide for the payment of
obligations incurred under this section by either or both the
following methods, as determined by the court: (A) The levy of taxes upon all the taxable property of the
district;
(B) The The levy of special assessments upon public
corporations having lands within the district.
In no case shall such the obligations incurred under this
section be paid from the proceeds
of special assessments levied under section 6101.48 or 6101.53 of
the Revised Code, or of bonds or notes issued in anticipation
thereof of them. If the first such method is approved by the
court, the
board may levy in any year taxes of not to exceed one-tenth of
one mill upon the taxable real and personal property of the
district for the purposes of this section, and in anticipation of
the collection thereof, the board may issue bonds and notes for
the acquisition and construction of the properties and
improvements authorized by this section. Such bonds and notes
shall be issued in the manner and subject, so far as applicable,
to the conditions provided by sections 6101.50, 6101.51, and
6101.52 of the Revised Code. In case the second method is After
special assessments against the public corporations are
approved by the court, the board of appraisers of the conservancy
district shall appraise the benefits to be conferred on each
public corporation containing lands within the district by reason
of the acquisition and construction of the properties and
improvements authorized by the board of directors under this
section, and shall appraise the damages accruing to persons and
public corporations therefrom from the improvements.
Sections 6101.01 to 6101.84 of the Revised
Code, with reference The provisions of this chapter that refer to
the
determination of benefits and damages, apply to such the
appraisals
made under this section, but they shall be separate from other
appraisals of benefits and damages made under such sections this
chapter, and
separate records thereof of them shall be prepared. After the
appraisal
of benefits has been approved by the court, and within the amount
of benefits so determined, the board of directors may levy
assessments on the public corporations benefited to pay the cost
of the properties and improvements acquired and constructed under
this section, and may issue bonds and notes in anticipation of
the collection of such these assessments. In addition, the
board of
directors may annually levy a maintenance assessment for the
purposes of this section on such the public corporations upon
the
basis of total appraised benefits. Sections 6101.01 to 6101.84,
inclusive, of the Revised Code, relating The provisions of this chapter
that relate to assessments for
district purposes and to bonds and notes issued in anticipation
thereof of the assessments apply to the assessments authorized
under this section
and the bonds and notes issued in anticipation of such the
assessments. Improvement, bond retirement, and maintenance funds
shall be established for recreational purposes in conformity with
section 6101.44 of the Revised Code, which shall be separate from
one another and from other funds of the district, and no
transfers shall be made thereto to them from the other funds of
the
district unless the court, prior to June 1, 1965, determines that
such transfer will not include proceeds of special assessments
levied under section 6101.48 or 6101.53 of the Revised Code, or
of bonds or notes issued in anticipation of the collection
thereof, and approves the transfer as a transfer of surplus
moneys as provided in section 6101.44 of the Revised Code. The
proceeds of all bonds, notes, taxes, and assessments authorized
by this section and all receipts derived from the recreational
properties, improvements, and facilities owned, controlled,
operated, or maintained by the district shall be paid into such
those
funds, and all expenditures in accordance with this section shall
be made therefrom from them. Sec. 6101.30. If the report of the board of appraisers of a conservancy
district includes recommendations that other lands and public corporations be
included in the district, or that certain lands and public corporations
be
excluded from the district, the clerk of the court before which the proceeding
is pending shall give notice to the owners of such that
property and to the public
corporations by publication to be made as provided in sections 6101.01 to
6101.84, inclusive, of the Revised Code, for notice of a hearing on
the petition for the
creation of the district. Such The notice to those owners whose
lands are or the
public corporations to be added to the district may be substantially as shown
in the schedule in section 6101.84 of the Revised Code. The time and
place of
the hearing may be the same as those of a hearing on appraisals. To
the owners
of property and public corporations to be excluded from the district,
it will be is sufficient to notify them of that fact. Sec. 6101.31. The board of appraisers of a conservancy
district shall prepare a report of its findings which shall be
arranged in tabular form and bound in loose-leaf book form, and
which that shall be known as the "conservancy appraisal
record." Such The record shall contain the name of the owner of
property appraised
as it appears on the tax duplicate or the deed records if
ascertainable therefrom from them, the tax mailing address or
other known
address of such the owner if ascertainable, a description of the
property appraised, the amount of benefits appraised, the amount
of damages appraised, and the appraised value of land or other
property which that may be taken for the purposes of the
district. In
case benefits are appraised accruing to a public corporation as
an entity, the name and, if ascertainable, address of such the
public
corporation and the amount of the benefit appraised shall be
entered in such the record. The board shall also report any
other
benefits or damages or any other matter which that, in
its opinion,
should be brought to the attention of the court. No error in the
names or addresses of the owners of real property or in the
descriptions thereof of the property shall invalidate
said the appraisal or the levy
of assessments or taxes based thereon on it, if
sufficient description
is given to identify such the real property. When such the report is completed, it shall be signed by at
least a majority of the board and deposited with the clerk of the
court, who shall file it in the original case. At the same
time,
copies of that part of the report giving the appraisal of
benefits and appraisals of land to be taken and of damages in any
county shall be made, and certified to, and filed with
the clerk of
the court of common pleas of such that county. Sec. 6101.32. Upon the filing of the report of the board
of appraisers of a conservancy district under section 6101.31 of
the Revised Code, the clerk of the court shall give notice
thereof of the filing by publication, as provided in sections
6101.01 to
6101.84, inclusive, of the Revised Code, in each county in the
district in which property included in the conservancy appraisal record
is
located. Said The notice shall be substantially as set forth in
division (F) of section 6101.84 of the Revised Code. It is not
necessary for said the clerk to name the parties interested,
except
that such and the notice shall be addressed "To All Known and
Unknown
Persons or Public Corporations Interested" and in addition shall
specifically designate the name of each known party whose tax
mailing or other address cannot be ascertained as disclosed by
the affidavit referred to in this section, but the name of any
such party need be designated only in the publication made in the
county or counties wherein lands, or interests in lands, owned by
the party and affected by the report are located." It It is not necessary to describe separate lots or tracts of
land in giving said the notice, but the heading of such
the notice and
the text thereof of it shall give, and it is sufficient if each
gives,
such descriptions as that will enable the owner of land
or the owner
of an interest of record therein in land to determine whether
or not his the
owner's
land or interest is covered by such the descriptions.
For instance, it is
sufficient to state in the heading "NOTICE OF HEARING ON
APPRAISALS ON LANDS LYING IN ....................,
...................., and .................... TOWNSHIPS AND IN
THE CITIES OR VILLAGES OF ....................,
...................., and .................... in
.................... COUNTY," and it is sufficient to state in
the text "All land lying in the .................... ward of the city
of ....................," or "All land abutting on
.................... street in the city of ....................,"
or "All land lying west of .................... river and east of
.................... railroad in .................... township,"
or any other general description pointing out the lands involved.
Where If lands in different counties are mentioned in
said the report, it is not necessary to publish a description of
all the
lands in the district in each county, but only of that part of
said the lands located in the county in which publication is
made.
The board of directors of such the conservancy district
shall, on or before the date of first the publication of
the notice provided
for in this section, cause to be mailed shall mail by first
class mail to
the applicable public corporations and to the owners of property
whose names
and respective tax mailing or other known addresses are all other known
persons having an interest of record in property that is to be taken or is
damaged and whose tax mailing or other known address is disclosed
by the affidavit referred to in this section a notice which in
each case that shall be directed to such respective the
appropriate address and which,
shall advise the addressee thereof of the date of the filing,
and
place of filing, of the report of the board of appraisers, and
shall state that the addressee has the right to file exceptions to the
report
on or before a specified date and to be heard thereon in the
county where his the addressee's property is located at the time
and place fixed
by the court as provided by section 6101.33 of the Revised Code.
In addition the The notice shall contain, if the report
includes an
appraisal of benefits affecting the addressee, a statement that
such benefits have been appraised and that assessments may
be levied based upon, and not in excess of, such appraisal, and
the dollar amount of the appraisal, shall contain, if the report
includes an appraisal of property of the addressee to be taken
or damaged, a statement that
such the property to be taken or the damage
thereto has
been appraised and shall give the dollar amount of such
that appraisal, and shall
contain any volume designation and page number of the report at
which any appraisal affecting the addressee appears and a brief
description of the property appraised as referred to in section
6101.31 of the Revised Code. In the case of property to be taken
or damaged the board of directors shall cause like notice to be
mailed on the same date to all other known persons having an
interest of record in such property whose tax mailing or other
known address is disclosed by the affidavit referred to in this
section. The The secretary of the conservancy district, or his the
secretary's
deputy, as ex officio secretary of the board of appraisers, shall
prepare and file with the clerk of the court on the date of the
mailing of the notices provided for in this section an affidavit
attesting in substance that, as of the date of the mailing of the
notices, the affiant has determined that the names of all applicable
public corporations, and the names of the owners of all the
property
affected by the report of the board of appraisers that is to be
taken or that is damaged, where such those
names are ascertainable, together with their respective tax
mailing or other known addresses where ascertainable, are listed
in the report of the board of appraisers with the exception of
such differing names or addresses as may be specifically set
forth in the affidavit,; that no names and no tax mailing or
other
known addresses are ascertainable except as may be disclosed by
such the report as supplemented by the affidavit,;
and that notices
have been mailed as provided for in this section to each public
corporation and to each owner of property having a tax mailing or
other known address as shown by such report or affidavit and to
all other persons having an interest of record in property that is to
be
taken or that is damaged and whose interest is known or can be
ascertained
from such the record. Such The affidavit shall be
given on the basis of
available information and after the exercise of reasonable
diligence, and the affidavit it shall so state. Such
The affidavit
shall be prima-facie evidence of the matters attested to therein in
it. Sec. 6101.33. Any property owner or public corporation may
accept the appraisals in its favor of benefits and, of
damages, and
of lands to be taken made by the board of appraisers of a
conservancy district, or may acquiesce in the board's failure to
appraise damages in its favor, and shall be construed to have
done so unless, within thirty days after the last publication
provided for in section 6101.32 of the Revised Code, or such
additional time as may be granted by the presiding judge of the
court, it the property owner or public corporation files
exceptions to said the report or to any appraisal of
either benefits or, damages, or of land to
be taken which that may be
appropriated. All exceptions shall be heard by the court
beginning not less than forty nor or more than fifty days after
the
last publication provided for in such that section, and
determined in
advance of other business so as to carry out, liberally, the
purposes and needs of the district. The court shall provide for
the hearing on the exceptions in the county seat of each county
wherein in which property is located with respect to which an
exception or
exceptions have been filed at a time and place fixed by the
court. Notice of the time and place of the hearing of his an
exception shall be given the exceptor in such manner as the court
may direct. The hearing conducted in a particular county shall
be limited to testimony presented by the district and by
exceptors whose exceptions relate to property located within said
that
county. The The court may, if it deems considers it necessary,
appoint one or
more special master commissioners magistrates, each to be
assigned by the
court to conduct one or more of the hearings on the exceptions
as
required by this section and, to cause make a
record to be made of each
of such the hearings, and to report such
the record, together with
findings and recommendations, back to the court. Such special
master commissioners The magistrates shall have the usual powers
possessed by
special master commissioners as specified in section 2315.42 of
the Revised Code magistrates, shall have the cooperation of the
officials of
the district in determining any facts relative to the conservancy
appraisal
report record, and may use any abstracts, title certificates,
title
reports, or other information that the district has relative to
any of the properties included on in the appraisal report
record. The The court may cancel the scheduled hearing in any county having few
exceptors, providing such provided that the exceptors are given
advance notice, in
such a manner as the court may direct, of the time and place of
hearing in a nearby county at which they the exceptors shall be
heard upon
their several objections. The The court may, if it deems considers it necessary,
return the report conservancy appraisal record to the board for
its further consideration and
amendment, and enter its order to that effect. If the appraisal
record as a whole is referred back to the board, the court shall
not resume the hearing thereof on it without new notice, as for
an
original hearing thereon on it. The court may, without losing
jurisdiction over the appraisal record, order the board to recast
the appraisal record when the order of the court specifies the
precise character of the changes thereof. Sec. 6101.36. No property shall be taken under sections 6101.01 to
6101.84,
inclusive, of the Revised Code, this chapter until compensation has
been paid according to
law. But where if a trial is had by jury, and a verdict
has been is rendered which
has been that is confirmed by the trial court, the board of
directors of the
conservancy district may pay the amount allowed into court in money with the
costs, and thereupon such, at that time, the court shall
make an order admitting the district
into
possession of the property and confirming its title thereto to the
property, although the
owner
may take steps to take the case to a higher court. Thereupon At
that time, the board may
enter into undisturbed possession of the property and rights involved. Sec. 6101.38. After a certified copy of the entry of the court and of the
appraisals as confirmed by the court, except those parts from which appeals
have been perfected but not determined, is transmitted to the secretary of the
conservancy district as provided by section 6101.37 of the Revised Code, the
board of directors of the conservancy district may deposit with the court the
amount of any such confirmed appraisal of compensation or damages, from
the
award of which no appeal has been taken, for any property or interest
therein in property
as included in the conservancy appraisal record and confirmed by the
court. The court
then shall thereupon enter an order admitting the district into
possession of all
such of the property for which payment has been deposited, and
confirming its title
thereto to that property. The clerk of such the
court shall have so much of such the order recorded in
the office of the county recorder of the county where the land is located as
will show the transfer of title. The owners of such the
property then shall thereupon
have an interest in the fund so deposited to the extent of their respective
interests in the property taken or damaged. The court shall appoint a master commissioner magistrate who,
upon giving bond in the
amount and manner ordered by the court, shall receive all applications of
owners, lienholders, and other persons claiming an interest in any of the
property acquired by the district through the appraisal record, conduct
necessary hearings, and report to the court from time to time as to the
persons
entitled to payment out of said funds, the fund and the amount
due each. The court, if
satisfied that such the report is correct, shall
thereupon order the master
commissioner magistrate and the clerk to countersign vouchers for
the payment of the money
to the persons entitled thereto to it. In the event of
conflicting claims to said the
fund, such the claims may be submitted and determined in the
court and, proceedings
shall be had as provided in section 163.18 of the Revised Code, in so
far Insofar as
such that section is applicable to this section, and the costs
of such the proceedings
shall be paid by the claimants. All interest income from said
the fund shall be
paid to the district, and all costs of administering and handling the
fund
deposited with the court shall be paid by the district. The master
commissioner magistrate shall have the usual powers possessed by
master commissioners magistrates,
shall have the cooperation of the district in determining the proper parties
entitled to said the fund, and may use any abstracts, title
certificates, title
reports, or other information that the district has relative to any of the
properties acquired by the district on the appraisal record. If the district acquired any of the property or interests appearing on the
appraisal record by contract without the intervention of such master
commissioner the magistrate, the court shall order the return to
the district of so much of said the fund as represents the
property or interest so acquired. Sec. 6101.39. The board of directors of a conservancy
district may, at any time after the conservancy appraisal record
is filed,
when necessary to fulfill the objects for which the district was
created, alter or add to the official plan by amendment thereof.
Such alterations or additions may be alterations in or additions
to improvements previously provided for in the official plan or
may consist of new works or improvements for the accomplishment
of the purposes for which the district was created that were not
previously
provided for in the official plan. When such alterations or
additions are formally approved by the board and by the court,
and are filed with the secretary of the conservancy district,
they shall become part of the official plan for all purposes of
sections 6101.01 to 6101.84 of the Revised Code this chapter.
Where If such
alterations or additions in the judgment of the court neither
materially modify the general character of the work, nor
materially increase resulting damage for which the board is not
able to make amicable settlement, nor increase the cost more than
ten per cent, no action other than a resolution of the board is
necessary for the approval of such alterations or additions. Any
alteration or addition to the official plan relating to the
provision of water supply or the collection and disposal of
sewage and liquid wastes requires the approval of the
environmental protection agency. In case If the proposed
alterations or additions materially modify the general character
of the work, or materially modify the resulting damages or
materially reduce the benefits, for which the board is not able
to make amicable settlement, or materially increase the benefits
in such a manner as to require a new appraisal, or increase the
cost more than ten per cent, the court shall direct the board of
appraisers of the conservancy district, which may be the original
board, or a new board appointed by the court on petition of the
board of directors or otherwise, to appraise the property to be
taken, benefited, or damaged by the proposed alterations or
additions. Upon the completion of the report by the board of
appraisers, notice shall be given and a hearing had on its report
in the same manner as in the case of the original report of the
board of appraisers, and the same right of appeal to a jury
exists. When the only question at issue is additional damages or
reduction of benefits to property due to modifications or
additions to the plans, the board of directors may, if it finds
it practicable, make settlements with the owners of the property
damaged instead of having appraisals made by the board of
appraisers. In case such settlements are made, notice and
hearing need not be had. After bonds have been sold, in order
that their security may not be impaired, no reduction shall be
made in the amount of benefits appraised against property in the
district, but in lieu of such reductions in benefits, if any are
made, the amount shall be paid to the party in cash. This section
applies to all changes in appraisals under sections 6101.01 to
6101.84 of the Revised Code this chapter. Sec. 6101.40. No appeal under sections 6101.01 to 6101.84, inclusive, of
the
Revised Code, this chapter shall be permitted to interrupt or delay
any action or the
prosecution of any work under such sections this chapter, except
where the party appealing
is entitled to a jury under the constitution of the state, and such
the jury trial
has not been had, in which case only so much of the work shall be interrupted
or delayed as would constitute a taking of or a damaging of the property of
the appellant. The board of directors of a conservancy district may appeal from any order of
the court of common pleas made in any proceeding under such sections
this chapter not
requiring the intervention of a jury. The failure to appeal from any order of the court in any proceedings under
sections 6101.01 to 6101.84, inclusive, of the Revised Code, this
chapter within the
time
specified in such sections this chapter constitutes a waiver of
any irregularity in the
proceedings, and the. The remedies provided for in
such sections this chapter exclude all other
remedies except as provided in such sections this chapter. Sec. 6101.41. If any lands in any conservancy district are not liable for
taxation or assessment at the time of the execution of the work, but
afterwards, during the period when such the work is being paid
for, become liable
to taxation or assessment by reason of some change in condition or
ownership,
such the lands then shall thereupon be appraised
and assessed as other lands in said the district receiving equal
benefits. Sec. 6101.42. In case If any real property or public
corporation within or
without any conservancy district is benefited which and for any
reason was the benefits were not
appraised in the original proceedings, or was were not
appraised to the extent of
the benefits received, or in case if any person or public
corporation makes use of or
profit by the works of any district to a degree not compensated for in the
original appraisal, or in case if the board of directors of the
conservancy
district finds it necessary, subsequent to the time when the first appraisals
are made, to take or damage any additional property, the board of directors,
at any time such a condition becomes evident, shall direct the board of
appraisers
of the conservancy district to appraise the benefits or the enhanced benefits
received by such the property or public corporation, or
such the damages or value of
property taken. Proceedings outlined in sections 6101.01 to 6101.84,
inclusive, of the Revised Code, this chapter for appraising lands
not at first included
within the boundaries of the district shall in all matters be conformed with
including notice to the parties, or the board of directors may make any
suitable settlement with such the person or public corporation
for such the use,
benefit, damage, or property taken. Sec. 6101.43. No fault in any notice or other proceedings, whether by reason
of noncompliance with the requirements of sections 6101.01 to 6101.84,
inclusive, of the Revised Code, this chapter or with any applicable
constitutional
requirements, or otherwise, shall affect the validity of any proceeding under
sections 6101.01 to 6101.84, inclusive, of the Revised Code this
chapter, except to the
extent to which it can be shown that such the fault resulted in
a material denial
of justice to the property owner or public corporation complaining of
such the fault. If it is found upon a hearing that, by reason of some irregularity or
defect in
the proceedings, the appraisal has not been properly made, the court
may
nevertheless, on having proof that expense has been incurred which is a proper
charge against the property of the person, or against the public corporation,
complaining of such the irregularity or defect, render a finding
as to the amount
of benefits to said the property or public corporation, and
appraise the proper
benefits accordingly, subject to a claim for a jury as provided in section
6101.35 of the Revised Code, where the party is entitled thereto to
it. Thereupon
said At that time, the land or public corporation shall be assessed
as other land or public
corporations equally benefited. If, at any time either before or after
the
issuance of bonds or notes pursuant to sections 6101.01 to 6101.84,
inclusive,
of the Revised Code this chapter, the appraisal of benefits, either
as a whole or in part,
is declared by any court of competent jurisdiction to be invalid by reason of
any defect or irregularity in the proceedings therefor, whether
jurisdictional
or by reason of noncompliance with any of the requirements of sections
6101.01
to 6101.84, inclusive, of the Revised Code, this chapter or with
any applicable
constitutional requirements, or otherwise, the court of common pleas, on the
application of the board of directors of the conservancy district or on the
application of any holder of any bonds or notes which that have
been issued
pursuant
to such sections this chapter, shall promptly and without delay
remedy, or cause to
be
remedied, all defects or irregularities as the case requires and, for
such the
purpose, may direct the board of appraisers of the conservancy district
to
make,
in the manner provided in section 6101.28 of the Revised Code, a new appraisal
of the amount of benefits against the whole or any part of the lands or any
public corporation in said the district as the case requires and
may order a new
hearing to be held after giving of notice thereof of the hearing
in compliance with the
requirements of sections 6101.01 to 6101.84, inclusive, of the Revised
Code this chapter, or
such other and further notice as the court shall prescribe to comply with any
applicable constitutional requirements. Sec. 6101.44. The moneys of every conservancy district
shall be administered through the following funds: (A) The "preliminary fund," consisting of the proceeds of
the preliminary assessment levied under authority of section
6101.45 of the Revised Code, and any advances of assessments
obtained or notes issued in accordance with section 6101.46 of
the Revised Code, and any contribution or appropriation by the
state of Ohio under authority of section 6101.45 of the Revised
Code, which shall be used for the payment of expenses incurred
for the purposes for which such preliminary assessments and
contributions are authorized; (B) The "improvement fund," consisting of the proceeds of
all special assessments the collection of which has not been
anticipated in the issuance of bonds or notes and the proceeds of
all bonds and notes, other than bonds to retire notes, issued
under section 6101.50 of the Revised Code, which shall be used
for defraying expenditures incurred in the execution of the
official plan and the acquisition or construction of properties,
works, and improvements of the district, including the cost of
preparing the official plan and the appraisal, the entire cost of
construction and superintendence, with all charges incidental
thereto, and the cost of administration during the period of
construction and may also be used for defraying preliminary
expenses in accordance with section 6101.46 of the Revised Code
and repayment to the preliminary fund, in the manner and to the
extent provided by this section, of expenditures therefrom from
it; (C) The "bond retirement fund," consisting of the proceeds
of all special assessments the collection of which has been
anticipated in the issuance of bonds or notes together with all
other receipts pledged for the retirement of bonds or notes or
the payment of interest thereon on the bonds or notes, which
shall be used only for such those purposes; (D) The "maintenance fund," consisting of the proceeds of
maintenance assessments levied annually in accordance with
section 6101.53 of the Revised Code, earnings from the operation
of the works of the district, and all receipts not otherwise
assigned by law or by order of the board of directors of the
conservancy district, which shall be used for the payment of
operation, maintenance, and other current expense of the
district. Before levying any assessment to pay the cost of an
improvement, the board of directors shall determine the amount
expended and to be expended from the preliminary fund for surveys
and plans, appraisals, hearings, administration, court costs, and
other incidentals that equitably should be repaid to the
preliminary fund. Such The amount may be all or any portion of
the
preliminary expenses for the improvement. When specified by
resolution of the board of directors, such the amount shall be
included in the costs to be paid from the assessments upon
benefited property, and shall be transferred from the improvement
fund to the preliminary fund. The board may establish separate or special funds of each
class for each or any designated purpose for which the district
is incorporated. Any surplus moneys in any fund of the district
may be transferred to any other such fund by the board with the
approval of the court, but no transfer shall be made from the
bond retirement fund prior to the final maturity of the bonds and
notes payable therefrom from it, and no transfer shall
thereafter be made
which would reduce the balance in such the fund below the amount
required for the payment of all obligations outstanding against
such the fund. No money shall be drawn from the treasury of the district,
and no obligation for the expenditure of money shall be incurred,
except in pursuance of an appropriation by the board. This
prohibition does not apply to funds placed at the place of
payment by the treasurer of the conservancy district for the
payment of maturing bonds and notes and interest thereon on them
in
accordance with section 6101.51 of the Revised Code. At or
before the opening of each fiscal year, which shall correspond to
the calendar year unless a different year is authorized by the
auditor of state, the board shall adopt a resolution making
appropriations for the ensuing year. Such The appropriation
resolution may be amended or supplemented by the board. The
total amount appropriated from any fund for any year shall not
exceed the sum of the unencumbered balance in the fund at the
beginning of the year and the amounts to be received during such
the
year from bonds authorized, and taxes and special assessments
imposed prior to their appropriation, together with all other
moneys estimated to be received by the fund during the year. At
the close of each fiscal year, all unencumbered balances of
appropriations shall revert to the funds from which they were
made and shall be subject to reappropriation. No contract shall be let entered into, and no order shall
be issued,
involving the expenditure of money unless the accounting officer
of the district first certifies that the amount required to meet
the expenditure or, in the case of a continuing contract to be
performed in whole or in part in a subsequent fiscal year, the
amount required to meet the contract in the year in which the
contract is made, has been lawfully appropriated for such
the purpose
and is in the treasury or in process of collection to the credit
of an appropriate fund free from previous encumbrances. Accounts
shall be kept in such form as to show at all times the true
condition of each appropriation. Sec. 6101.441. In the event of the dissolution or
disorganization of any conservancy district organized pursuant to
sections 6101.01 to 6101.84 of the Revised Code this chapter,
the board of
directors of such the district shall determine the amount of
funds of
the district not needed for the payment of the expenses and
indebtedness of the district and shall, upon such the
dissolution or
disorganization, forthwith distribute such the funds among the
various counties comprising such the district in the same
proportion
as the funds of the district were received from such the
counties
whether by donation, assessment, tax, or otherwise. The amount
due each county shall be paid to the treasurer of such the
county and
shall be placed and held by him in a separate fund to be known as
the "conservancy district fund." If a petition for the establishment of a new political
subdivision whose primary purpose is flood control, water
conservation, water supply, or water management, that is authorized
under
either sections 6101.01 to 6101.84 of the Revised Code, this
chapter or under
any other sections of the Revised Code, and which that
includes such the
county or a part thereof, of it is pending at the time
of, or is filed
within one year after the receipt of such the moneys by
such the
treasurer, and such the new political subdivision is
subsequently
organized, or if such the new political subdivision has been
organized at the time such the moneys are received by the
treasurer,
such the treasurer shall, upon the written request of the
directors
of such the new political subdivision, forthwith pay over all
funds
in such the conservancy district fund to such the
new political
subdivision, and said the subdivision may use and expend
said the moneys
for any purpose or purposes authorized by the sections of the
Revised Code under which it has been organized. As used in this
section, "new political subdivision" does not include the
following: any sewer district organized under any provisions of
the Revised Code; any sanitary district organized under sections
6115.01 to 6115.79 Chapter 6115. of the Revised
Code; or any joint county
ditches or any interstate county ditches organized under any
provisions of the Revised Code. If no petition for the organization of such a new political
subdivision is filed within one year after the receipt of such
the money by the treasurer, he the treasurer shall, at
the
expiration of such the one-year period, transfer all
moneys in the conservancy district fund
to a special fund of the county to be held and used for drainage,
flood control, water conservation, water supply, or water
management purposes in the areas therein of the county from
which such funds the moneys
were originally derived. In the event such If the proposed
political
subdivision, for the establishment of which a petition has been
filed within such the one-year period, is not established
or
organized, the treasurer shall make the same disposition of the
moneys in the conservancy district fund as in this paragraph
provided. Sec. 6101.45. After the filing of a petition for the
organization of a conservancy district, and before the district
is organized, the costs of publication and other official costs
of the proceedings shall be paid out of the general funds of the
county in which the petition is pending. Such The payment shall
be
made on the warrant of the county auditor or on the order of the
court. If the district is organized, such the costs shall be
repaid
to the county out of the first funds received by the district
through levying of assessments or, selling of bonds, or
the
borrowing of money. If the district is not organized, the cost
shall be collected from the petitioners or their bondsmen
bondspersons. Upon the organization of the district, the court shall
make an order
indicating a preliminary division of the preliminary expenses
between the counties included in the district in approximately
the proportions of interest of the various counties as estimated
by said the court. The court shall issue an order to the
auditor of
each county to issue his A warrant upon the county treasurer of
his the county to reimburse the county having paid the total
cost. As soon as any district has been organized, and a board of
directors of the conservancy district has been appointed and
qualified, such the board may levy upon the property within the
district in each of not more than two years a preliminary
assessment, based upon the benefit determined by the court as
provided by section 6101.08 of the Revised Code, but not to
exceed three-tenths of a mill on the assessed valuation thereof
of the property, to be used for the purpose of paying expenses
of organization,
for surveys and plans, appraisals, estimates of cost, and land
options, and for other incidental expenses which that may be
necessary
up to the time money is received from the sale of bonds or
otherwise. This assessment shall be certified to the auditors of
the various counties and by them to the respective treasurers of
their counties. If such the items of expense have already been
paid
in whole or in part from other sources, they may be repaid from
the receipts of such the levy, and such the levy
may be made although the
work proposed may have been found impracticable or for other
reasons is abandoned. The collection of such the assessment
shall
conform in all matters to the sections of the Revised Code
governing the collection of assessments levied by local political
subdivisions, and the sections of the Revised Code concerning the
nonpayment of assessments levied by local political subdivisions
shall apply. The board may borrow money in any manner provided
for in sections 6101.01 to 6101.84, inclusive, of the Revised
Code, this chapter and may pledge the receipts from such
the assessments for its
repayment, the information collected by the necessary surveys,
the appraisal of benefits and damages, and other information and
data being of real value and constituting benefits for which said
the
assessment may be levied. In case a district is disbanded for
any cause before the work is constructed, the data, plans, and
estimates which have been secure shall be filed with the clerk of
the court before which the district was organized and shall be
matters of public record available to any person interested. The board shall, upon levying the preliminary assessment,
certify to the director of the department of natural resources an
estimate of the amount of money the district will need to pay
expenses of organization, for surveys and plans, appraisals,
estimates of cost, and land options, and for other
incidental expenses up
to the time money is received by the district from the sale of
bonds or otherwise. The director, within sixty days after the
receipt of such the certification, shall, upon finding
that the
organization and operation of the district contribute to the
general welfare of the state, determine an equitable percentage
of the amount so certified to be paid by the state. The director
shall certify such the determination to the board and shall
cause to
be paid to the district, out of any moneys appropriated to the
department of natural resources for the purpose of assisting
conservancy districts to pay expenses of organization, for
surveys and plans, estimates of cost, and land options, and
for other incidental expenses, the amount determined by him
the director to be the
equitable share of the state in meeting such the expenses. The
director shall make available to the board all plans, data,
surveys, or other information, which the department of natural
resources or any division thereof of it may have, which will be
beneficial to the board in furthering the purposes for which the
district is organized. Sec. 6101.48. After the conservancy appraisal record as approved by
the court, or that part thereof of it from which no appeal is
pending,
has been filed with the secretary of the conservancy district as
provided in section 6101.37 of the Revised Code, then from time
to time, as the affairs of the district demand it, the board of
directors of the conservancy district shall levy on all real
property and on all public corporations, upon which benefits have
been appraised, an assessment of such the portion of said
the benefits as that
is found necessary by said the board to pay the cost of the
execution
of the official plan, including superintendence of construction
and administration, plus one-ninth of said that total to be
added for
contingencies, but not to exceed in the total of principal the
appraised benefits so adjudicated. Such The assessment shall be apportioned to and levied on each
tract of land or other property and each public corporation in
the district in proportion to the benefits appraised, and not in
excess thereof of the benefits appraised. Interest at a rate
not to exceed the rate
provided in section 9.95 of the Revised Code, payable
semiannually, shall be included in and added to the said
assessment, but such the interest shall not be considered as a
part
of the cost in determining whether or not the expenses and costs
of making the improvement are equal to or in excess of the
benefits appraised.
After the assessment is levied, the board shall report it to
the court for confirmation. Upon the entry of the order of the
court confirming the assessment, the clerk of the court shall
transmit a certified copy of the order to the governing or taxing
body of each political subdivision assessed, and the governing or
taxing body shall receive and file the order. Thereafter, the
board may order the issuance of notes in an amount not exceeding
ninety per cent of the assessment in anticipation of the
collection of the assessment. After the court has confirmed the assessment, the secretary
of the conservancy district, at the expense of the district,
shall prepare in duplicate an assessment record of the district.
It shall be in the well-bound book indorsed and named
"Conservancy Assessment Record of . . . . . . . District." It
shall contain in tabular form a notation of the items of property
appraised and the public corporations to which benefits have been
appraised, the total amount of benefits appraised against each
item or public corporation, and the total assessment levied
against each item or public corporation. Where If successive
levies
of assessment are made for the execution of the official plan and
the acquisition or construction of improvements, the conservancy
assessment record shall contain suitable notations to show the
number of levies and the amount of each, to the end that the
conservancy assessment record may disclose the aggregate of all
such levies made up to that time. Upon the completion of such the conservancy assessment
record, it shall be signed and
certified by the president of the board and by the secretary of
the conservancy district, attested by the seal of the district,
and shall then be placed on file and shall become a permanent
record in the office of said the district. After the expiration
of the
thirty-day period for the payment of assessments as provided by section
6101.49 of the Revised Code, a copy of that part of the
conservancy assessment record affecting lands or public
corporations in any county shall be filed with the county auditor
of such the county. If it is found at any time that the total amount of
assessments levied is insufficient to pay the cost of works set
out in the official plan or of additional work done, the board
may make an additional levy to provide funds to complete the
work, provided the total of all levies of such the assessment
exclusive of interest does not exceed the total of benefits
appraised. Sec. 6101.49. When the conservancy assessment record is placed on file in the
office of the conservancy district, notice by publication shall be given to
property owners and public corporations assessed that they may pay their
assessments. Any owner of real property or public corporation assessed for
the
execution of the official plan under sections 6101.01 to 6101.84,
inclusive,
of
the Revised Code, this chapter may pay such the
assessment to the
treasurer of the conservancy
district within thirty days from the time such the assessment is
placed on file in
the office of the district, and the amount to be so paid shall be ninety per
cent of the full principal amount of the assessment exclusive of any amount
added thereto to it to meet interest. When such
the assessment
has been paid, the
secretary of the conservancy district shall enter upon said the
assessment record
and the duplicate thereof opposite each item for which payment is
made, the
amount paid and the words "paid in full," and such the
assessment shall be deemed
satisfied. The payment of such the assessment does not relieve
the landowner or
public corporation from the necessity for the payment of a maintenance
assessment nor for or from payment of any further assessment
which that may be necessary as
provided in such sections this chapter. Any property owner or
public corporation failing
to
pay assessments in full as provided for in this section shall be deemed to
have
consented to the issuance of bonds as provided for under sections 6101.01
to
6101.84, inclusive, of the Revised Code, this chapter and to
payment of interest
thereon on them.
If any assessment is twenty-five dollars or less, or whenever the unpaid
balance of any such assessment is twenty-five dollars or less, the
same assessment or balance shall
be paid in full, and not in installments, at the time the first or next
installment would otherwise become due and payable. After the expiration of the period of thirty days within which the property
owners and public corporations may pay their respective assessments, as
limited
in this section, the treasurer of the conservancy district shall certify to
the
board of directors of the conservancy district the aggregate of the amount so
paid, and thereupon the board then shall pass and spread upon
its records a
resolution
in which shall be stated the total amount of the assessment, and
the amount
thereof of it
paid. Thereupon the The board shall, in the same
resolution, apportion the total of
the unpaid assessments into annual installments and provide for the collection
of interest upon the unpaid installments. Thereafter, it may order the
issuance
of bonds in an amount not exceeding ninety per cent of the unpaid assessment
in
anticipation of the collection of said the installments. The
residue of the
assessment so levied, not less than ten per cent, shall constitute a
contingent
account to protect the bonds from casual default, and any part thereof
of it in
excess of the sum of the next two installments of semiannual interest and ten
per cent of the next installment of maturing bond principal, if not needed for
this purpose, may be used for the purchase and retirement of bonds of the
district at not to exceed par and accrued interest or for the reduction of the
rate of assessment in succeeding years. Sec. 6101.50. (A) The board of directors of a conservancy
district may, if in its judgment it seems best, issue bonds in an
amount not to exceed ninety per cent of the total amount of the
unpaid portion of an assessment, exclusive of interest, levied
under sections 6101.01 to 6101.84 of the Revised Code, in
denominations of not less than one hundred dollars, bearing
interest from date at a rate not to exceed the rate provided in
section 9.95 of the Revised Code, payable semiannually this
chapter, to mature
at annual or semiannual intervals within thirty years, commencing
not later than five years, to be determined by the board. Both
principal and interest shall be payable at the office of the
treasurer of state Whenever the board determines to issue bonds
in anticipation of the collection of the installments of an
assessment, it shall adopt a resolution, to be known as the
resolution of necessity, declaring the necessity of such the
bond issue, and its purpose, and its amount. Thereafter
from time to time,
prior to and in anticipation of the issuance and sale of such
those
bonds, the board may borrow money and issue notes therefor in
aggregate amount not in excess of the amount of such bond issue,
bearing interest at a rate not in excess of the rate provided in
section 9.95 of the Revised Code, payable semiannually or at
maturity if less than six months, and maturing not. Whenever
the board determines to issue notes, it shall adopt a
resolution, to be known as the note resolution. The note resolution shall do
all of the following: (1) State the principal amount or maximum principal amount of anticipatory
notes to be issued and outstanding, not to exceed the amount of the bond
issue; (2) Provide for, or provide the method for, establishing or determining
from time to time the rate or rates of interest or the maximum rate or rates
of interest to be paid on the anticipatory notes; (3) State the date or dates of the anticipatory notes; (4) Establish provisions, if any, for redemption or prepayment of the
anticipatory notes, in whole or in part, before maturity; (5) Provide the maturity date of the anticipatory notes, which shall not
be later than
five years from the date of the first issue of such the notes.
All of such (B) All anticipatory notes issued for less than five years
may be
renewed from time to time until the expiration of five years from
the date of original issue. After the expiration of five years
from the date of original issue, if any annual installments of
the assessments have been collected or are in process of
collection, the board may renew or continue to renew its
anticipatory notes from time to time until the board by a bonding
resolution declares the necessity of issuing bonds. The notes
shall be redeemable at any interest payment date. Such notes may
be sold at private sale but in no event shall they be sold at
less than par and accrued interest; but if the board determines
to sell such notes at public sale the procedure shall be as
provided in this section for the sale of bonds. Each
determination of the board to borrow money and issue notes shall
be evidenced by a resolution of the board. Whenever such Whenever notes
have been issued in anticipation of the issuance of bonds, the
proceeds of the bonds when issued and sold and of the assessment
pursuant to which the bonds are issued shall be applied to the
payment of the notes and interest thereon on the notes until
both are fully
paid. (C)(1) If the board determines not to issue such anticipatory
notes, or if such anticipatory notes are issued, when
and they are about to fall
due, the board shall adopt a resolution, to be known as the
bonding resolution, declaring. The bonding resolution shall
do all of the following: (a) Declare the necessity of the bonds
presently to be issued, and their purpose, and their
amount, in
accordance with the prior resolution of necessity, and fixing the
date, rate of interest, and maturity of the bonds. When; (b) State or provide for the date of the bonds, and the dates and
amounts or maximum amounts of maturities or principal payments on the bonds; (c) State any provision for a mandatory sinking fund or mandatory
sinking fund redemption or for redemption prior to maturity; (d) Provide for the rate or rates of interest or maximum rate or
rates of interest to be paid on the bonds or, if otherwise authorized, the
method for establishing or determining from time to time the rate or rates of
interest to be paid on the bonds; (e) State any provision for a designated officer of the district
to determine any of the specific terms required by this division to be stated
in the bonding resolution, subject to any limitations stated in the bonding
resolution. (2) When anticipatory notes are
not
issued, the resolution of necessity
may
be incorporated in and made a part of the bonding resolution.
All bonds shall be sold to the highest bidder, after being
advertised once a week for three consecutive weeks and on the
same day of the week, the first advertisement being published at
least twenty-one full days before the date of sale, in a
newspaper having general circulation in the county wherein the
office of the district is located. The advertisement shall state
the amount of bonds to be sold, how long they are to run, the
rate of interest to be paid thereon, the dates of payment of
interest, the purpose of the issue, and the day, hour, and place
where bids will be received. An advertisement may also be
published in recognized financial journals. Anyone desiring to
do so may present a bid for such bonds based upon their bearing a
different rate of interest than specified in the advertisement.
Where a fractional interest rate is bid, such fraction shall be
one quarter of one per cent or a multiple thereof and uniform for
all maturities. Every bidder shall file with his
bid a bond or certified check in an amount specified in the advertisement but
not less than one per cent of the amount of the bonds to be sold. Bonds of the district may be issued subject to call or
redemption prior to maturity at not more than par. When the
district has issued bonds subject to call or redemption prior to
maturity the board may refund such bonds at a lower rate of
interest than is provided therein, provided that the bonds issued
shall not exceed in amount the bonds refunded and the maturity of
the bonds so issued shall not extend beyond the maturity of the
bonds refunded.
No bonds shall be sold for less than the face value thereof
with accrued interest. The board shall accept the highest bid,
or if bids are received based upon a different rate of interest
than specified in the advertisement, the board shall accept the
highest bid resulting in the lowest net interest cost to the
district, presented by a responsible bidder. The net interest
cost shall be the difference between the interest cost over the
life of the bonds and the premium offered. If a bid is accepted
based upon a rate of interest other than that provided for in the
bonding resolution of the board, such acceptance before taking
effect must be approved by a supplemental resolution of the
board, and in such case bonds may be issued bearing the rate of
interest provided for in such accepted bid without further
amendment of the bonding resolution. When bonds have been once
advertised and offered at public sale, as provided by law, and
they or any part thereof remain unsold for want of bidders, those
unsold may be sold at private sale at not less than their par
value and accrued interest thereon bearing not to exceed the rate
of interest provided in the bonding resolution of the board. All
(D)(1) Anticipatory notes and bonds may be sold by competitive
bid
or at private sale in a manner determined or authorized by the board, but they
shall not be sold for less than ninety-seven per cent of their principal
amount, plus accrued interest. As used in this division, "bid" has the same
meaning as in division (C) of section 133.30 of the Revised Code. (2) All moneys from premiums and accrued interest
shall be paid into the
bond retirement fund. (3) Bonds and anticipatory notes shall be signed by the
president of the
board, and be attested by the seal of said
district and by the signature
of the secretary of the conservancy district, and bonds shall be
registered by the treasurer of state. Interest coupons attached
to such bonds shall bear the facsimile signatures of said
president and secretaryIn case If any of the officers
whose signatures, countersignatures, or certificates appearing
appear
upon bonds, notes, or coupons issued pursuant to sections 6101.01 to
6101.84 of the Revised Code, this chapter ceases to be such
that officer before the
delivery of such the bonds or notes to the purchaser,
such the
signatures, countersignatures, or certificates shall nevertheless
be valid and sufficient for all purposes, as if such the officer
had
remained in office until the delivery of the bonds or notes. Bonds shall show on their face the purpose for which they
are issued, and shall be payable out of money derived from the
bond retirement fund. All All assessments the collection of which has been
anticipated by the issuance of bonds or notes shall, when
collected, be paid into the bond retirement fund for the purpose
of paying the principal and interest of bonds and notes and for
no other purpose. All bonds and coupons not paid at maturity
shall bear interest at the rate provided in section 9.95 of the
Revised Code from maturity until paid or until sufficient funds
have been deposited at the place of payment. The expenses
incurred in paying said bonds and interest thereon and reasonable
compensation to the treasurer of state together with the costs to
the office of the treasurer of state for registering and paying
same on bonds shall be paid out of the other funds in the hands of
the
treasurer of the conservancy district and collected for the
purpose of meeting the expenses of administration. That portion
of the funds paid to the treasurer of state that represents the
costs to his office shall be paid into
the state treasury to the
credit of the general revenue fund. The
(E) The board may issue anticipatory notes or bonds to fund or
refund previously issued notes or bonds. These anticipatory notes or bonds
shall be issued pursuant to a note resolution or bonding resolution as
described in division (A) or (C) of this section. Moneys derived from the proceeds of anticipatory notes and bonds issued
under this division and any moneys derived from other sources and required
for the funding or refunding of the previously issued notes or bonds shall be
placed, under an escrow agreement or otherwise and to the extent required by
the resolution, in an escrow fund. The escrow fund may be an account in the
bond retirement fund if the previously issued notes or bonds are payable
within ninety days of the issuance of the anticipatory notes or bonds under
this division. The moneys in the escrow fund shall be pledged and used for
the purpose of funding or refunding the previously issued notes or bonds. (F) Pending their use under division (E) of this
section, the moneys in the escrow fund referred to in that division shall be
invested in direct obligations of, or obligations guaranteed as to payment by,
the United States that mature, or are subject to redemption
by and at the option of the holder, not later than the date or dates when the
moneys in the escrow fund, together with interest or other investment income
accrued on those moneys, are required for the payment of debt charges on the
previously issued notes or bonds under division (E) of this section.
Any moneys in the escrow fund that are not needed for the payment of debt
charges on the previously issued notes or bonds shall be transferred to the
bond retirement fund. For purposes of this division, "direct obligations of,
or obligations guaranteed as to payment by, the United
States" includes rights to receive payment or portions of payments of
the principal of, or interest or other investment income on, those obligations
and other obligations fully secured as to payment by those obligations and the
interest or other investment income on those obligations. (G) When the moneys, including the interest or other investment
income on the moneys, in the escrow fund referred to in division (E)
of this section are determined by an independent public accounting firm to be
sufficient for the payment of the debt charges on the previously issued notes
or
bonds under that division, the following conditions shall apply: (1) The previously issued notes or bonds shall no longer be considered
outstanding. (2) The previously issued notes or bonds shall no longer be considered for
purposes of determining any direct or indirect limitation on the indebtedness
or net indebtedness of the district. (3) The levy of special assessments or other charges for the payment of
the debt charges on the previously issued notes or bonds under this chapter,
Chapter 5705. of the Revised Code, or other provisions of the Revised Code is not required. (H) The board in making the
annual assessment levy shall take into account the maturing bonds
and interest on all bonds, and shall make ample provision in
advance for the payment thereof of those bonds and that
interest. In case the proceeds of the original assessments made under
section 6101.48 of the Revised Code are not sufficient to pay the
principal and interest of all bonds issued, then the board shall
make such additional levies as are necessary for this purpose,
and under no circumstances shall any assessment levies be made
that will in any manner or to any extent impair the security of
said the bonds or the fund available for the payment of the
principal and interest of the same bonds. Sec. 6101.501. A conservancy district or a subdistrict
thereof of it may issue revenue bonds for the purpose of paying
all or
part of the cost of acquiring or constructing any improvement
which that the district or subdistrict is authorized to acquire
or
construct, and such the improvement may include
equipment, land or
interests in land, and facilities necessary or appropriate to
such the
improvement. Such The bonds shall be secured only by a pledge
of,
and lien upon, such the portion as the board of directors of the
conservancy district determines of the revenues derived from
fees, rates, and charges for the use of any facilities or
services of the district or subdistrict, after the payment of
costs and expenses of operation and maintenance of such the
facilities, and the covenant of the district or subdistrict to
maintain sufficient fees, rates, and charges to produce adequate
revenues to pay such the costs and expenses and for the payment
of
such the bonds. Such The bonds shall be
negotiable instruments, but
shall not constitute general obligations of the district or
subdistrict. Such The bonds shall bear interest at not to exceed the rate
provided in section 9.95 of the Revised Code, payable
semiannually, shall mature in annual or semiannual installments
within forty years from their date, and may be made callable and,
if so issued, may be refunded. Such The bonds shall be
signed by the president of the board and attested by the seal of
said district and by the signature of the secretary of the
conservancy
district, provided that one of such the signatures may be a
facsimile
and a facsimile of such seal may be imprinted on said bonds.
Interest Any interest coupons attached to such the
bonds shall bear the facsimile
signatures of the president and secretary. In case any officer
who has signed such the bonds or caused his the
officer's facsimile
signature to be
affixed thereto to the bonds ceases to be such
that officer before the bonds so
signed have been actually delivered, such the bonds,
nevertheless,
may be issued and delivered as though the person who had signed
such the bonds, or caused his the person's
facsimile signature to be
affixed
thereto to the bonds, had not ceased to be such
that officer; any such bonds may be
executed on behalf of the district by an officer who, at the
actual date of execution of such the bonds, is the proper
officer of
the district, although at the date of such the bonds such
the person was
not such an officer. Such The bonds may be sold as
provided in
section 6101.50 of the Revised Code or at private sale, at the
option of the board, and shall be registrable as provided in
section 6101.52 of the Revised Code.
In the discretion of the board of directors, such the revenue
bonds may be further secured by a trust agreement between the
board and a corporate trustee, which may be any trust company or
bank having the powers of a trust company within or without the
state. Such The trust agreement may pledge or assign revenues
to the
payment of the principal of and interest on such the bonds and
reserves therefor for the bonds, but shall not convey or
mortgage any property
of the district or subdistrict. Any such trust agreement may
contain such provisions for protecting and enforcing the rights
and remedies of the bondholders as are reasonable and proper and
not in violation of law, including provisions for issue of
additional revenue bonds to be secured ratably with any revenue
bonds theretofore or thereafter previously or subsequently
issued, covenants setting forth
the duties of the board in relation to the acquisition,
improvement, maintenance, operation, repair, and insurance of the
facilities in connection with which such the bonds are
authorized,
the custody, safeguarding, and application of all revenues and
moneys, the insurance of moneys on hand or on deposit, the rights
and remedies of the trustee and the holders of the bonds,
including therein in them provisions restricting the individual
right of
action of bondholders as is customary in trust agreements
respecting bonds and debentures of corporations, the security to
be given by those who contract to construct the project and by
any bank or trust company in which the proceeds of bonds or
revenues are deposited, and such other provisions as the board
deems considers reasonable and proper for the security of the
bondholders.
All expenses incurred in carrying out the provisions of any such
trust agreement may be treated as a part of the cost of
maintenance, operation, and repair of the facilities for which
the bonds were issued. The board shall covenant and agree to maintain, so long as
there are outstanding any such bonds payable from revenues,
adequate fees and charges for the use of the facilities or
services from which such the revenues are derived for the
payment of
the principal and interest on such the bonds and for the
creation and
maintenance of reserves therefor for that payment and reserves
for operation,
maintenance, replacement, and renewal. If the revenues pledged to pay revenue bonds prove
insufficient to pay maturing bonds, bonds which that have
matured or
are about to mature may be refunded, providing provided that the
refunding
bonds so issued shall mature in not more than fifteen years after
issuance; or all of the outstanding bonds, both matured and
unmatured, of any such issue may be refunded if such the
outstanding
bonds can be retired by call for redemption or with the consent
of the holders, either from the proceeds of the sale of the
refunding bonds or by exchange, provided such provided that the
refunding bonds
shall not exceed in amount the par value of the bonds to be
refunded plus the redemption price in excess of par value, if
any, required to be paid upon their call for redemption, and the
maturity of such the refunding bonds shall not exceed forty
years
after their issuance. The terms and provisions of any such refunding bonds, the
method of their issue, and the documents to be executed for the
security thereof, of them shall be as provided for an original
issue of
revenue bonds, except that they may mature in one or more
installments and contain such provisions for sinking fund and for
calls from sinking fund as the board of directors may determine,
and except that they may be exchanged in whole or in part for the
bonds to be refunded. Sec. 6101.51. The treasurer of a conservancy district, at
the time of taking office, shall execute to the district and
deliver to the president of the board of directors of the
conservancy district, a bond with good and sufficient sureties,
to be approved by the board, conditioned that the treasurer shall
account for and pay over as required by law, and as ordered by
the board, all money received by him the treasurer on the sale
of bonds and
notes or from any other source, and that he the treasurer
only
shall deliver
the bonds and notes to the purchasers thereof under and according
to the terms prescribed in this section and section 6101.50 of
the Revised Code, and that, when ordered by the board to do so,
he the treasurer shall return to the board, duly canceled, any
bonds and notes
not sold, which bonds and notes shall remain in the custody of
the board, which shall produce them for inspection or for use as
evidence whenever and wherever legally requested to do so. The
cost of the bond of the treasurer of the district shall be paid
by the board from the funds of the district. The board shall
make appropriations at the proper time for the payment of the
maturing bonds and notes of the district and the interest
payments coming due on all bonds and notes sold, and the
treasurer of the district shall place sufficient funds at the
place of payment to pay them. If proper appropriations are not
made by the board as provided in this section, the treasurer of
the district of his the treasurer's own accord shall place funds
at the place of
payment and report that action to the next meeting of the board.
The canceled bonds and coupons, receipted notes, and receipts of
the treasurer of state shall be evidence of such payment. All moneys of a district deposited with the treasurer of
state to provide for the payment of bonds and interest shall be
deposited by the treasurer of state in the name of the district
in a national or state bank subject to the same conditions as are
provided by law for the deposit of moneys of the state, and all
interest received on the deposit shall be paid to the district.
The successor in office of any treasurer of a conservancy
district is not entitled to take over the assets of the treasury
until he the treasurer has complied with this section. Moneys
derived from the
sale of bonds and from all other sources shall be deposited by
the treasurer of the district with depositories designated by the
board. At intervals of not greater than two years, the board
shall invite proposals from banks and trust companies for the
deposit of district funds. So long as such banks and trust
companies are permitted by law to pay interest, the board shall
select as depositories the bank or banks or trust company or
companies that at competitive bidding offer the highest rate or
rates of interest, but if no proposal offering depository
interest is received, the board may designate depositories for
the funds of the district without payment of interest. The
selection of any depository shall be evidenced by a resolution of
the board, which shall set forth the terms governing the
selection. The funds so deposited shall be protected at all
times by the hypothecation by the depository of securities of
market value or par value, whichever is less, in an amount equal
to one hundred per cent of the funds, and additional securities
shall be hypothecated when necessary to maintain that percentage.
The hypothecation of the securities by the depository does not
require that the securities be placed in the possession of the
treasurer of the district. The depository, by written notice to
the board and to the treasurer, may designate a qualified trustee
and deposit the eligible securities required by this section with
the trustee for safekeeping for the account of the treasurer and
the depository, as their respective rights to and interests in
the securities under this section may appear and be asserted by
written notice to or demand upon the trustee. In that case, the
treasurer shall accept the written receipt of the trustee,
describing the securities, as and for a hypothecation of the
described securities, and issue to the depository his
written acknowledgment to that effect, keeping a copy thereof
in his office. Thereupon, the securities
described in the trustee's
receipt shall be deemed to have been hypothecated with the
treasurer and to have been deposited with him for
all the purposes of this section. The amount so determined of the
securities to be hypothecated shall be reduced by an amount equal
to the insurance of deposits provided by the federal deposit
insurance corporation pursuant to the act of congress known as
the "Banking Act of 1933," 48 Stat. 162, 12 U.S.C.A. 1811, as
amended. The securities shall be obligations of, or guaranteed
as to principal and interest by, the United States or obligations
of the state or of the conservancy district or, subject to
acceptance by the board, obligations of any political subdivision
lying wholly or partly within the boundaries of the district.
From time to time as the amount on deposit is reduced, the amount
of the hypothecated securities may be reduced, but the total
protection of deposits shall be not less than the amount on
deposit. The board may invest moneys of the district in United
States savings bonds or other interest bearing obligations of the
United States In accordance with sections 135.01 to 135.21 of the Revised Code.
The funds derived from the sale of any of the
bonds and notes shall be used only for paying the cost of the
properties, works, and improvements and such costs, expenses,
fees, and salaries as are authorized by law. The district may secure the payment of loans from the
United States government in the same manner as it may secure the
payment of bonds, and the board may make any necessary
regulations to provide for that payment. A party who has not sought a remedy against any proceeding
under this chapter, until such bonds or notes have been sold or
the work constructed, cannot for any cause have an injunction
against the collection of taxes or assessments for the payment of
the bonds or notes. Such bonds shall have all the qualities of negotiable paper
under the law merchant, and when executed and sealed and
registered in the office of the treasurer of state in conformity
with this chapter, and when sold in the manner prescribed in this
section and section 6101.50 of the Revised Code and the When
consideration therefor for bonds is received by the district,
the bonds shall not be
invalid for any irregularity or defect in the proceedings for the
issue their issuance and sale thereof, and shall be
incontestable in the hands
of bona fide purchasers or holders thereof of the bonds for
value. No
proceedings in respect to the issuance of any such bonds are
necessary except such as are required by this chapter.
Notwithstanding any other provision of this section
governing the deposit or investment of moneys of a conservancy
district, the board of directors of such a district, for the
purpose of providing for the investment of the moneys on the
district's behalf, may order the treasurer of the district to
invest moneys of the district in the Ohio subdivisions
subdivision's fund
authorized to be created under section 135.45 of the Revised
Code. Any such investments in the fund are subject to and
governed by that section and rules adopted under it. Sec. 6101.52. Whenever the owner of any coupon bond issued pursuant to
sections 6101.01 to 6101.84, inclusive, of the Revised Code, this
chapter presents
such the bond to the treasurer of the conservancy district with
a request for the
conversion
of such the bond into a bond registered as to principal and
interest, said the
treasurer shall cut off and cancel the coupons of any such the
coupon bond so
presented, and shall stamp, print, or write upon such the coupon
bond, either upon
the back or the face thereof of it or in blanks provided
therefor, as is convenient, for the purpose
a dated and signed statement to the effect that said the bond is
registered as to
principal and interest in the name of the owner and that thereafter the
interest and principal of said the bond are payable to the
registered owner. Upon
request of an owner similarly made for registration of any coupon bond as to
principal only, the treasurer of the district shall similarly record on
such the
bond a statement to the effect that said the bond is registered
as to principal
and that thereafter the principal of said the bond is payable to
the registered
owner. Thereafter, and from time to time, any bond so
registered as to
principal and
interest or as to principal only may be transferred by such the
registered owner
in person or by attorney duly authorized on presentation of such
the bond to the
treasurer of the district and the bond again registered as before, a similar
statement being stamped, printed, or written thereon on it. If
such the bond is so
registered, the principal and interest of such the bond or the
principal thereof of it,
if registered as to principal only, shall be payable to the registered owner.
Upon request of the owner of any registered bond, such the bond
may be discharged
from registration by being in like manner transferred and made payable to
bearer and, if such the bond has been registered as to interest,
by attaching
thereto to it reproductions of the original interest coupons
thereafter payable; but
the cost of reproducing and attaching such the coupons shall be
paid by the owner
of such the bond. The treasurer of the district shall enter in a
register of such
bonds to be kept by him, or in a separate book, the treasurer
the fact of the registration of
such the bond and the name of the registered owner
thereof of it so that said the register or
book at all times shows what bonds are registered, the kind of
registration,
and the name of the registered owner thereof. Not more than thirty nor
less
than fifteen days prior to each payment date for payment of principal or
interest the treasurer of the district shall certify the record of registered
bonds to the treasurer of state. Sec. 6101.53. To maintain, operate, and preserve the
reservoirs, ditches, drains, dams, levies, canals, sewers,
pumping stations, treatment and disposal works, or other
properties or improvements acquired or made pursuant to sections
6101.01 to 6101.84, inclusive, of the Revised Code this chapter,
and to
strengthen, repair, and restore the same, when needed, and to
defray the current expenses of the conservancy district, the
board of directors of the conservancy district may, upon the
substantial completion of said the improvements and on or before
the
first day of September in each year thereafter, levy an
assessment upon each tract or parcel of land and upon each public
corporation within the district, subject to assessments under
such sections this chapter, to be known as a conservancy
maintenance
assessment. No such assessment shall be made with respect to
works and improvements acquired or constructed for the purpose of
providing a water supply for domestic, industrial, and public use
within the district, when such the water supply can be metered
or
measured when furnished to persons or public corporations. If
the district, for the benefit of one or more persons or political
subdivisions, provides a water supply that recharges underground
aquifers and thereby replenishes wells or provides a source of
water for new wells, or increases the natural low flow of a
stream used for water supply, or creates an impoundment, in such
a way that the augmented use of water cannot be metered or
measured for individual or public consumption, the board may make
a maintenance assessment against benefited property and public
corporations in the same manner provided herein in this section
for maintenance
of other properties or improvements. Said The maintenance assessment shall be apportioned upon the
basis of the total appraisal of benefits accruing for original
and subsequent construction, shall not exceed one per cent
thereof of the total appraisal of benefits in any one year
unless the court by its order authorizes
an assessment of a larger percentage, shall not be less than two
dollars, and shall be certified to
the county auditor of each county in which lands of said the
district
are located in the conservancy assessment book record but in a
separate
column in like manner and at the same time as the annual
installment of the assessment levied under section 6101.48 of the
Revised Code is certified, under the heading "Maintenance
maintenance
assessment." Said The auditor shall certify the same to the
county
treasurer of the county at the same time that he the auditor
certifies the annual installment of the assessments levied under such
that section,
and the sum of such the levies for any tract or public
corporation
may be certified as a single item. The treasurer shall demand
and collect the maintenance assessment and make return thereof of
it,
and shall be liable for the same penalties for failure to do so
as are provided for the annual installment of the assessment
levied under section 6101.48 of the Revised Code.
The board of directors of the conservancy district may adopt a resolution
requiring that any annual maintenance assessments authorized by this section
that are for ten dollars or less be collected biennially or triennially rather
than annually. The resolution shall specify the maximum dollar amount, not to
exceed ten dollars for each year for which the collection is being made, that
may be accumulated and collected either biennially or triennially, whichever
is
indicated in the resolution. The board annually shall certify to the county
auditor the amount of such assessments to be collected in that year, if any,
and the county auditor shall proceed to collect those certified amounts in the
same manner as provided for collection of all other maintenance assessments
under this section.
The amount of the maintenance assessment paid by any parcel
of land or public corporation shall not be credited against the
benefits assessed against such the parcel of land or public
corporation;, but the maintenance assessment shall be in
addition
to any assessment that has been or can be levied under section
6101.48 of the Revised Code. To maintain, operate, and preserve the works and
improvements of the district acquired or constructed for the
purpose of providing a water supply, to strengthen, repair, and
restore the same, and to defray the current expenses of the
district for this purpose, the board may impose rates for the
sale of water to public corporations and persons whithin within
the
district. The rates to be charged for such the water shall be
fixed
and adjusted by the board at intervals of not less than one year,
so that the income thus produced will be adequate to provide a
maintenance fund for the purpose of water supply. Contracts for
supplying water to public corporations and persons shall be
entered into before such the service is rendered by the
district.
Such contracts Contracts shall specify the maximum quantity of
water to be
furnished to the public corporation or person, which and the
quantity
shall be fixed so as equitably to distribute the supply.
Preference shall be given to water supply furnished to public
corporations for domestic and public uses. Bills for water
supplied to public corporations shall be rendered at regular
intervals and shall be payable from the waterworks fund of the
public corporation or, if it is not sufficient, from the general
fund. Sec. 6101.54. Whenever the owners or representatives of
twenty-five per cent or more of the acreage or value of the
lands in a conservancy district or the board of directors of a
conservancy district file a petition with the clerk of the court
having jurisdiction in the original case, stating that there has
been a material change in the values of the property in the
district or additional benefits are being derived from the works
and the improvements of the district since the last previous
appraisal of benefits, and praying for a readjustment of the
appraisal of benefits for the purpose of making a more equitable
basis for the levy of the maintenance assessment under section
6101.53 of the Revised Code, the clerk shall give notice of the
filing and of a hearing of said the petition by
publication in the manner
provided in division (A) of section 6101.01 of the Revised Code. Upon hearing of said the petition, if said the
court finds there has
been a material change in the values of property in said the
district, or that additional benefits are derived from the works
and improvements of the district, or both, since the last
previous appraisal of benefits, the court shall order that there
be a readjustment of the appraisal of benefits for the purpose of providing a
basis upon which to levy the
maintenance assessment of said the district. Thereupon
the The court
then shall direct the board of appraisers of the conservancy district
to make such the readjustment in the manner provided in
sections
6101.01 to 6101.84, inclusive, of the Revised Code this chapter,
and said the board shall make its report. The same proceedings
shall be had
thereon on it, as nearly as may be, as are provided in such
sections this chapter
for the appraisal of benefits accruing for original
construction. In making the readjustment of the appraisal of
benefits, the readjusted appraisal shall not be limited to the
aggregate amount of nor or to the benefits or properties or
persons
listed in the original or any previous appraisal of benefits,
and, after the making of such the readjustment,
the limitation of the
annual maintenance assessment to one per cent of the total
appraised benefits, but not less than two dollars, shall
apply to the amount of the benefits as
readjusted. There shall be no such readjustment of benefits
oftener more often than once in eight six years. Sec. 6101.55. The board of directors of a conservancy
district shall each year after the original assessment has been
levied determine, order, and levy the annual levy, which shall
include all assessments, or installments of assessments, together
with interest, levied under sections 6101.01 to 6101.84 of the
Revised Code this chapter, which become due in the ensuing year,
and such. The
annual levy shall be due and be collected at the same time that
state and county taxes are due and collected. After bonds have
been sold, in the determination of an annual levy, the rate of
interest upon the unpaid installments of an assessment shall be
the rate borne by the bonds which that have been issued and sold
pursuant to such the assessment. The annual levy as
shall be recorded in the
conservancy assessment book record, shall be signed and
certified by the
president of the board and by the secretary of the conservancy
district, attested by the seal of the district, not later than the
first day of July September each year, and the
levy shall thereafter
become a permanent record in the office of the district. The The certificate of the annual levy shall be substantially as set
forth in section 6101.84 of the Revised Code. Then Then shall follow a table or schedule showing in properly
ruled columns both of the following:
(A) The names of the owners of the property and the names
of the public corporations assessed, which may be as they
appeared in the decree of the court confirming the appraisals; in
the case of a county, municipal corporation, or township, the
names of individual owners need not be given, but only the name
of the county, municipal corporation, or township; (B) The descriptions of the property opposite the names of
the owners;
(C)(B) The total amount of the annual levy on each piece of
property and on each public corporation for the account of all
funds and the amount of each item making up such the
total;
(D) A blank column in which the county auditor shall
record the several amounts as collected by him;
(E) A blank column in which the auditor shall
record the
date of payment of the different sums;
(F) A blank column in which the auditor shall
report the
names of the persons paying the several amounts.
The form of the annual levy portion of the conservancy assessment
book record as prescribed in this
section may be modified with the approval of the auditor of state. The Such certificate of the annual levy and report the
annual levy portion of the conservancy assessment record shall be
prepared in duplicate
in a well-bound book which shall be endorsed and named
"Conservancy Assessment Book Record of
................ District, ................. County, Ohio." The
endorsement shall also be printed
at the top of each page in the book.
One copy of that part of such duplicate the assessment record
affecting lands and
public corporations in any county shall be forwarded to the
county auditor of such that county. The auditor of each county
shall
receive the copy as a tax book, shall set up as a charge upon the
county treasurer the total amount of assessments levied as shown
by such book the assessment record, and shall certify such
book the record as other tax records to
the county treasurer of his the county. The treasurer shall
collect
the amount according to law. Such The assessment book
record shall be
the
treasurer's warrant and authority to demand and receive the
assessments due in his the county as found in the same
the record. In the event of any failure of the board to determine and
order an annual levy for the purpose of paying the interest and
principal of any bonds pursuant to sections 6101.01 to 6101.84 of
the Revised Code this chapter, the auditor of the county in which
the lands
and public corporations subject to such the assessments are
situated
shall make and complete a levy of the special assessments
necessary for the purpose against the lands and public
corporations in the district, and each piece of property therein in
that county
against which benefits have been appraised. Any assessment so
made and completed by the auditor shall be made and completed by
him the auditor in the manner provided for the making and
completion of an
assessment by the board, and shall have the same effect as a levy
of assessments determined and ordered by the board. Sec. 6101.57. Each county treasurer charged with
collection of assessments shall make due report to the county
auditor of the sums collected by him the treasurer, and the
auditor shall issue his A warrant payable to the treasurer of
the conservancy district
for all sums of money in the hands of the county treasurer,
according to such the report. Said The auditor,
as soon as the books records for
collection are closed by the county treasurer according to law,
shall make report to the treasurer of said the district of the
sums
collected, and of the assessments not collected, as returned to
him the auditor by the county treasurer by the first day of
December of each year. The secretary of the conservancy
district shall thereupon provide a
certified delinquent
assessment list which shall be known as the "Delinquent
Assessment Book of ........... District,
.......... County," and forward the same in duplicate to the auditor of said
county who shall add the penalty and interest fixed by law and transmit one
copy to the county treasurer, who shall forthwith proceed
to collect said assessment and penalty and interest, according
to law. Except as otherwise provided in section 6101.59 of the
Revised Code, the laws with respect to delinquent assessments and
taxes shall apply to all assessments and taxes provided for in
sections 6101.01 to 6101.84 of the Revised Code this chapter,
which remain
unpaid when the county treasurer closes his tax
and the treasurer's assessment books records, and
such the delinquent assessments and taxes are subject to
the same
rate of interest and penalty as provided by law for delinquent
assessments and taxes of other political subdivisions. Sec. 6101.58. Before receiving the assessment book record
provided for by section 6101.55 of the Revised Code, the county
treasurer of each county in which lands or other property of the
conservancy district are located shall execute to the district
and deliver to the board of directors of the conservancy district
a bond with a surety company authorized to conduct a surety
business in this state as surety, which bond shall be paid for by
the district, in a sum prescribed by the board and approved by
the court, conditioned that said the treasurer shall pay over
and
account for all assessments so collected by him the
treasurer
according to law. Said The bond after approval by said
the board shall be deposited with
the secretary of the conservancy district, who shall be
custodian
thereof of the bond. Such The secretary shall
produce the bond for inspection
and use as evidence whenever and wherever lawfully requested to
do so. Sec. 6101.59. All conservancy district assessments and taxes
provided for in sections 6101.01 to 6101.84 of the Revised Code this
chapter,
together with all penalties and interest for default in payment
of the same assessments, and all costs in collecting the
same assessments, including a
reasonable attorney's fee, to be fixed by the court and taxed as
costs in the action brought to enforce payment, from the date of
filing the certificate described in this section in the office of
the county auditor for the county wherein in which the lands and
properties or public corporations are located, until paid, shall
constitute a lien, to which only the lien of the state for
general state, county, municipal corporation, school, and road
taxes shall be paramount, upon all the lands and other property
or public corporation against which such taxes the assessments
are levied as is
provided in sections 6101.01 to 6101.84 of the Revised Code this
chapter. No
lands or properties to which the lien of the conservancy district
assessments or taxes has attached shall be forfeited to the state
pursuant to its lien for taxes except pursuant to section 5723.01
of the Revised Code. Such The lien of the conservancy
district assessments
and taxes may be evidenced by a certificate substantially in the
form in the schedule provided in section 6101.84 of the Revised
Code. The certificate and tables shall be prepared in a
well-bound book record by the secretary of the conservancy
district at
the expense of the district. Unless expressly declared to the contrary, no warranty in
any warranty deed or in any deed made pursuant to a judicial sale
shall warrant against any portion of any assessment levied under
sections 6101.01 to 6101.84 of the Revised Code this chapter,
except past and
current installments payable in the year which such the deed
bears date. Sec. 6101.60. The "delinquent assessment book" of a auditor's
conservancy district assessment record is prima-facie evidence
in all courts of all
matters therein contained in it. The liens established and
declared in
section 6101.59 of the Revised Code may be enforced at the option
of the board of directors of the conservancy district by an
action on delinquent tax bills or assessment bills, made and
certified by the county auditor, which action shall be instituted
in the court of common pleas, without regard to the amount of the
claim, within six months after the thirty-first day of December
of the year for which said the assessments were levied. The
suit action shall be brought in the corporate name of the
district by its
attorney against the land, property, or public corporation on
which such tax or the assessment has not been paid. In the event of any default in the payment of the interest
or principal of any bonds or notes issued pursuant to sections
6101.01 to 6101.84 of the Revised Code this chapter, and if the
district or
its proper officers fail to enforce the payment of any unpaid tax
or assessment, the holder of such the bonds or notes may,
for himself
self and for the benefit of all others similarly situated, enforce
said the liens by suit or action against the land,
property, or
public corporation on which such tax or the assessment has not
been
paid, and against the district. The court shall have full power,
jurisdiction, and authority to apply such tax or the assessment
when
collected in the payment of the interest or principal upon said
the
bonds or notes as justice and equity require. The suit action
shall be
brought in the county in which the property or public corporation
is located, except when the tract or property sued upon is in
more than one county, in which event case the suit
action may be brought on
the whole tract, parcel, or property, in any county in which any
portion thereof of it is located. The pleadings, process,
proceedings,
practice, and sales, in cases arising under such sections
this chapter, except
as provided in such sections this chapter, shall be the same as
in an action
for the enforcement of the state's lien for delinquent general
taxes upon real estate. All sales of lands made under this section shall be by the
sheriff as provided by law. All sheriff's deeds executed and
delivered pursuant to sections 6101.01 to 6101.84 of the Revised
Code, this chapter shall have the same probative force as other
deeds executed
by a sheriff. Abbreviations shall not defeat the action. The
title acquired through any sale of lands or other property under
such proceedings shall be subject to the lien of all subsequent
annual installments of conservation or drainage tax or an
assessment. In all suits actions for the collection of delinquent taxes
or assessments, the judgment for said the delinquent
taxes or assessments and penalty and interest shall also include all
costs
of suit and a reasonable attorney's fee to be fixed by the court,
recoverable the same as the delinquent tax and in the same suit
action. The proceeds of sales made under and by virtue of such
sections this chapter shall be paid at once to the county treasurer
and shall
be properly credited and accounted for by him the treasurer the
same as other conservation taxes and assessments. If any assessment made pursuant to such sections this chapter is
invalid, the board shall, by subsequent or amended acts or
proceedings, shall promptly remedy all defects or irregularities
as the
case requires by making and providing for the collection of new
assessments or otherwise. Sec. 6101.61. Whenever, under sections 6101.01 to 6101.84,
inclusive, of the Revised Code this chapter, the board of directors
of a
conservancy district has determined, ordered, and levied an
annual levy in accordance with section 6101.55 of the Revised
Code, the board shall certify to the governing or taxing body of
each political subdivision assessed, a notice and statement of
such the annual levy, setting forth the total amount
payable by such the
political subdivision and included in such the annual
levy, and the
items making up such the total. Said The
governing or taxing body shall
receive and file said the notice and shall promptly take all the
legal and necessary steps to provide for the payment of such the
annual levy. Said The governing or taxing body shall include
the
amount of such the annual levy in the tax budget for the ensuing
year and shall levy and assess a tax at a uniform rate upon all
the taxable property within the political subdivision so as to
provide sufficient funds for the payment of such the annual levy
after deduction of any portion thereof of the levy paid from
other sources,
and certify such the tax to the county auditor. The proceeds of
such the tax when received by such the
political subdivision shall be
deemed to be appropriated for the payment of such the annual
levy.
The auditor shall receive the certificate of such the tax levy
and certify the same levy for collection to the county
treasurer, who
shall collect the same, all levy. All of said the
officers being mentioned in this section are authorized
and directed to take all the necessary steps for the levying,
collection, and distribution of such the tax. This section does not prevent the assessment of the real estate
of other corporations or persons situated within such the
political
subdivisions which may be subject to assessment for special
benefits to be received. In the event of any dissolution or disincorporation of any
conservancy district organized pursuant to sections 6101.01 to
6101.84, inclusive, of the Revised Code, such under this chapter,
the dissolution or
disincorporation shall not affect the lien of any assessment for
the benefits imposed pursuant to such sections this chapter, or
the liability
of any land or of any public corporation in such the district to
the
levy of any future assessments for the purpose of paying the
principal and interest of any bonds issued under such sections this
chapter.
In the event of any such dissolution or disincorporation, or in
the event of any failure on the part of the officers of any
district to qualify and act, or in the event of any resignations
or vacancies in office, which prevent action by said the
district or by its proper
officers, the county auditor and all other officers charged in
any manner with the duty of assessing, levying, and collecting
taxes for public purposes in any county, municipal
corporation,
or political subdivision in which such the lands are situated
shall
perform all acts which that are necessary to the collection of
any such assessment which has of the assessments that have been
imposed
and to the levying,
imposing, and collecting of any assessment which that it is
necessary
to make for the purpose of paying the principal and interest of
such the bonds. Any holder of any bonds issued pursuant to
sections 6101.01 to 6101.84, inclusive, of the Revised Code, this
chapter or any
person or officer who is a an interested party interest
may either, by suit,
action, or mandamus, enforce and compel performance of the
duties
required by such sections this chapter of any of the officers or
persons
mentioned in such sections this chapter. Sec. 6101.65. If any county treasurer or other person entrusted
with the collection of assessments fails to make prompt payment
of the tax assessments, or any part thereof of
them, when collected under sections 6101.01
to 6101.84, inclusive, of the Revised Code, this chapter to the
treasurer of
the conservancy district upon his the presentation of a proper
demand, he the county treasurer or other person shall
forfeit ten per cent on the amount of his the
delinquency. Such The forfeiture shall at once become due and
payable, and both he the county treasurer or other person
and his the sureties of the
county treasurer or other person shall be liable therefor for
the failure on his
the official bond of the county treasurer or other person.
The county treasurer shall retain for his the treasurer's
services one per cent of the amount he the treasurer collects on
delinquent taxes assessments. Sec. 6101.67. Each member of the board of directors of a
conservancy district and each member of the board of appraisers
of a conservancy district shall receive a sum established by the
court, but not to exceed fifty dollars a day, and his necessary
expenses for the time actually employed in performing his
official duties. Such the compensation and expenses
shall be paid only
upon itemized statements therefor submitted and certified to by the
individual member. Before any duties devolve upon a county auditor or a county
treasurer under sections 6101.01 to 6101.84, inclusive, of the
Revised Code, the board of directors shall consult them and
agree upon the salaries for the extra clerical force required in
their respective offices to carry out the requirements of the
law by reason of the establishment of said district. The
board
of directors shall provide for and pay said salaries to
said clerks while engaged in the work of the district. Such clerks
shall be selected and appointed by each of said county
officers
for their respective offices. In case of disagreement as to the
compensation of such extra clerical force, the matter shall
be referred to the court of common pleas of the county concerned for its
determination.
Sec. 6101.68. The same land, if conducive to public health,
safety, convenience, or welfare, may be included in more than
one conservancy district and be subject to sections 6101.01 to
6101.84, inclusive, of the Revised Code, this chapter for each
district in
which it may be included. No district shall be organized under
such sections this chapter in whole or in part within the
territory of a district already
organized under such sections this chapter until the court
determines whether the public health, safety, convenience, or
welfare demand the organization of an additional district, or
whether it demands that the territory proposed to be organized
into an additional district shall be added to the existing
district. If the proceedings concerning two or more such
districts are before the court of common pleas of two or more
counties, such that determination shall be as provided in
section
6101.69 of the Revised Code. Sec. 6101.69. In case If any conservancy district is being
organized within, or partly within and partly without, the same
territory in which some other district has been or is being organized, one
judge of the court of common pleas of each county in
which such the districts have been or are being organized shall
confer at the earliest convenient moment after they ascertain
the possibility of a conflict in jurisdiction, the sitting to be
had in the county having the largest assessed valuation in the
proposed district. At such the conference, the several judges shall determine to
what
extent the several districts should be consolidated or to what
extent the boundaries should be adjusted in order to most fully
carry out the purposes of sections 6101.01 to 6101.84,
inclusive, of the Revised Code this chapter. Such
the judges shall by
suitable
orders make such the determination effective. If notices have
been
issued or jurisdiction acquired in any proceeding concerning
territory which is transferred to the court of common pleas of
another county, such notice the notices shall not become
void, and
jurisdiction so acquired shall not be lost; but, in each case,
the
court acquiring jurisdiction over such the transferred territory
shall hold the same without further notice, as if originally
embraced in said the district. At such the
conference, the decision of
the majority of the judges shall be necessary for the
determination of any matter, and, from such the
decision, or from a
failure to decide, appeal may be taken. This section and section 6101.68 of the Revised Code do not
operate to delay or to interrupt any proceeding under sections
6101.01 to 6101.84, inclusive, of the Revised Code this chapter,
until the question of jurisdiction has been finally determined by the
courts. Sec. 6101.70. (A) If two or more conservancy districts
have been organized in a territory which, in the opinion of the
board of directors of the conservancy district of any one of the
districts, should constitute only one district, the board of any
one of the districts may petition the court for an order uniting
those districts into a single district. The petition shall be
filed in the office of the clerk of the court of common pleas of
that county that has the greatest valuation of real property
within the districts sought to be included, as shown by the tax
duplicates of the respective counties. The petition shall set
forth the necessity for the union of the two or more districts
and that the union of the districts would be conducive to the
public health, convenience, safety, or welfare and to the
economical execution of the purposes for which the districts were
organized. Upon receipt of the petition, the clerk shall give
notice by publication or by personal service to the boards of the
districts which that it is desired to unite with the district of
the
petitioners. Such The notice shall contain the time and place
where
the hearing on the petition will be had and the purpose of the
same hearing. The hearing shall be had in accordance with
sections
6101.01 to 6101.84 of the Revised Code, this chapter as for an
original
hearing. If, after the hearing, the court finds that the
averments
of the petition are true and that the districts, or any of them,
should be united, it shall so order, and thereafter those
districts shall be united into one and proceed as such one. The
court shall designate the corporate name of the united district,
and such further proceedings shall be taken as are provided for
in sections 6101.01 to 6101.84 of the Revised Code this chapter.
In accordance with division (A) or (B) of section 6101.10 of the
Revised Code, as applicable, the court shall direct in the order
who shall be the members of the board of the united district, who
shall thereafter have such the powers and be subject to
such the regulations as are provided for the board in districts
created in
the first instance. (B) All legal proceedings already instituted by or against
any of the constituent districts united into a single district
under division (A) of this section may be revived and continued
against the united district by an order of court substituting the
name of the united district for the constituent district, and
such those proceedings shall then proceed as provided in
sections 6101.01 to
6101.84 of the Revised Code this chapter. (C) Instead of organizing a new district from the
constituent districts, the court may do one of the following: (1) Direct that one or more of the districts described in
the petition be included into another of the districts, which
other district shall continue under its original corporate name
and organization, unless the resulting district includes all or
parts of more than sixteen counties, in which case the court
shall appoint two additional members whose appointments and terms
of office shall comply with the requirements established in
division (C) of section 6101.10 of the Revised Code; (2) Direct that the districts absorbed as described in
division (C)(1) of this section shall be represented on the board
of the original district, designating what members of the board
of the original district shall be retired from the new board and
what members representing the included districts shall take their
places, except that, if the resulting district includes all or
parts of more than sixteen counties, the court also shall appoint
two additional members whose appointments and terms of office
shall comply with the requirements established in division (C) of
section 6101.10 of the Revised Code; (3) Direct that the included districts shall become
subdistricts of the main district. (D) If the districts sought to be united were organized in
different counties, then the court to determine the question
involved shall consist of one judge from each of the counties in
the court of which one of the districts was organized, and a
majority shall be necessary to render a decision. From such a
the decision, or from a failure to decide, any interested
property
owner may appeal. No action under this section shall interrupt
or delay any proceeding under sections 6101.01 to 6101.84 of the
Revised Code this chapter, until the questions involved are finally
determined. Sec. 6101.71. Whenever it is desired to construct improvements
wholly within, or partly within and partly without, any
conservancy district, which improvements will affect only a part
of said the district, for the purpose of accomplishing such
work,
subdistricts may be organized upon petition of the owners of
real property, or the governing body of any political
subdivision or watershed district created under section 6105.02
of the Revised Code, within, or partly within and partly
without, the district, or upon petition of the board of directors of
the
district. Such The petition shall fulfill the same requirements
concerning the subdistricts as the petition outlined in section
6101.05 of the Revised Code is required to fulfill concerning
the organization of the main district, and shall be filed with
the clerk of the same court of common pleas, and shall be
accompanied by a bond as provided for in section 6101.06 of the
Revised Code. All proceedings relating to the organization of
such the subdistricts shall conform to sections 6101.01 to
6101.84,
inclusive, of the Revised Code, the provisions of this chapter
relating to the organization of
districts, except that it shall not be necessary for the
court to hold a preliminary meeting. The judge determining that
a sufficient petition has been filed shall forthwith set a date
for hearing, which shall be held not later than sixty days after
the filing of the petition, and shall give notice thereof of the
hearing to the
court of common pleas of each county included in whole or in
part in the main district. The clerk of the court shall give
notice of such the hearing by publication in the counties
included
in whole or in part within the proposed subdistrict
subdistricts. Whenever
the court by its order entered of record decrees such
subdistricts to be organized, the clerk of said the court
then shall
thereupon give notice of such the order to the board of
directors of
the conservancy district, which then shall thereupon act also as
the
board of directors of the subdistrict subdistricts. Thereafter,
the
proceedings in reference to the subdistrict subdistricts shall
in all matters
conform to such section; this chapter, except
that, in appraisal of benefits
and damages for the purposes of such the subdistricts, in the
issuance of bonds or notes, in the levying of assessments or
taxes, and in all other matters affecting only the subdistrict,
such sections subdistricts this chapter shall apply to this
each subdistrict as though it were
an independent district, and it shall not, in these things, be
amalgamated with the main district. The board of directors, board of appraisers, chief engineer,
attorney, secretary of the conservancy district, and other
officers, agents, and employees of the district shall, so far as
it is necessary, serve in the same capacities for such each
subdistrict, and contracts and agreements between the main
district and the each subdistrict may be made in the same manner
as
contracts and agreements between two districts. The
distribution of administrative expense between the main district
and each subdistrict shall be in proportion to the interests involved
and the amount of service rendered. Such The division shall be
made
by the board of directors with an appeal to the court
establishing the district. This section does not prevent the
organization of independent districts for local improvements
under other laws within the limits of a conservancy district organized
under
sections 6101.01 to 6101.84, inclusive, of the Revised Code this
chapter, as
provided in sections 6101.68 and 6101.69 of the Revised Code. Sec. 6101.73. Irrigation districts may be formed under sections
6101.01 to 6101.84, inclusive, of the Revised Code, this chapter by
a
substantial compliance as near as possible with such sections its
provisions.
No such irrigation district in its construction or operation
shall, in any
manner, interfere with works for the prevention of floods, or
the
drainage of lands, or materially diminish their the
works' protective
value. The court organizing such the irrigation district shall
require a statement in the petition and proof to the effect that
the organization and operation of the same irrigation district
will not materially
interfere with any works or plans for flood prevention or the
drainage or protection of lands. No improvement under such
sections this chapter shall deprive the owners of lands lying upon
any stream
of water of the ordinary flow in said the stream without
compensation therefor. Subject to this section, the board of directors has the same
powers as are conferred generally by sections 6101.01 to
6101.84, inclusive, of the Revised Code, so far this chapter
insofar as applicable. Taxes Assessments shall be levied and bonds issued as provided
in such sections this chapter, using the words "Conservancy
Taxes Assessments" or "Conservancy
Bonds."
Sec. 6101.74. (A) If any person or public corporation, within or
without any conservancy district, considers itself injuriously
affected in any manner by any act performed by any official or
agent of such the district, or by the execution, maintenance, or
operation of the official plan, and if no other method of relief
is offered under sections 6101.01 to 6101.84, inclusive, of the
Revised Code this chapter, the remedy shall be as follows: (1) The person or public corporation considering itself to be
injuriously affected shall petition the court before which said
the
district was organized for an appraisal of damages sufficient to
compensate for such the injuries. The (2) The court shall thereupon direct
the board of appraisers of the conservancy district to appraise
said the damages and injuries, and to make a report to the court
on
or before the time named in the order of the court. Upon (3) Upon the
filing of said the report of the board of appraisers, the court
shall cause notice to be given to notify the petitioner and
to the
board of directors of the conservancy district of a hearing on
said the report. At the time of such the hearing,
the court shall
consider the report of the board of appraisers, and may ratify
said the report or amend it as the court deems
considers equitable, or may
return it to the board of appraisers and require it to prepare a
new report. Upon (4) Upon the filing of an order of the court approving
said the report of the board of appraisers, with such
modifications
as it has made, said the order constitutes a final adjudication
of
the matter unless it is appealed from within twenty days.
Appeal to a jury from said the order may be had by the
petitioner,
by the board of directors, or by any person or public
corporation which that has been assessed for the costs of the
district. No (B) No damages shall be allowed under this section
which that
would not otherwise be allowed in law. Nothing in this section shall be
construed as expressly imposing any liability upon a conservancy district. Sec. 6101.77. The performance of all duties prescribed in
sections 6101.01 to 6101.84, inclusive, of the Revised Code, this
chapter concerning the organization and administration or operation of
the conservancy district may be enforced against any officer
thereof of the district by mandamus at the instance of the board
of directors of the district or of any
person or public corporation interested in any way in such the
district. The board of directors of the conservancy district
may institute court proceedings to enforce compliance by any
person or public corporation with any order of the board of
directors of the conservancy district. The board may institute
such those proceedings in the court of appeals in the first
instance. Sec. 6101.78. In any case where If a notice and hearing by the
court are provided for in sections 6101.01 to 6101.84,
inclusive, of the Revised Code this chapter, the court shall, prior
to the
conclusion of the hearing, examine the form of the notice and
all evidence relating to the giving of such the notice and, if
the court finds for any reason that due notice was not given in
whole or in part, whether by reason of noncompliance with any of
the requirements of said sections this chapter or with any
applicable constitutional requirements, the court shall not thereby lose
jurisdiction, and the proceeding in question shall not thereby
be void; but the court shall in that case order notice to be
given in compliance with the requirements of said sections this
chapter to the parties to whom due notice was not given or the court shall
order the giving of such other and further notice as the court
shall prescribe to comply with any applicable constitutional
requirements, and shall continue the hearing until such the time
as such when the
notice is properly given, and thereupon then shall proceed as
though notice had been properly given in the first instance. In case any appraisal, assessment, or levy is held void for want
of legal notice, whether by reason of noncompliance with any of
the requirements of sections 6101.01 to 6101.84, inclusive, of
the Revised Code, this chapter or with any applicable
constitutional
requirements, or in case the board of directors of the
conservancy district determines that any notice with reference
to any land or public corporation is faulty for one of the same
reasons, then the board may file a motion in the original cause
asking that the court order such that the notice as may
be required by
said sections this chapter or any applicable constitutional
requirements to be given to the owner of such the land or
to such the public corporation
and set a time for hearing as provided in such sections this
chapter, and,
upon the granting of such the motion and the giving of
such the notice,
the court thereupon then shall proceed as though notice had been
properly given in the first instance. If the original notice
was faulty only with reference to certain public corporations or
tracts, only such the public corporations or the owners of and
persons interested in those particular tracts need be notified
by such the subsequent notice. If the publication of any notice
in
any county was defective or not made in time, republication of
the defective notice is necessary only in the county in which
the defect occurred. Sec. 6101.79. All cases in which there arises a question of the
validity of the organization of conservancy districts shall be
advanced as a matter of immediate public interest and concern,
and heard in all courts at the earliest practicable moment. The court shall be open at all times for the purposes of
sections 6101.01 to 6101.84, inclusive, of the Revised Code this
chapter. Sec. 6101.80. Sections 6101.01 to 6101.84, inclusive, of the
Revised Code This chapter shall be liberally construed to effect
the control,
conservation, and drainage of the waters of this state. Sec. 6101.84. The following forms illustrate the character
of the procedure contemplated by sections 6101.01 to 6101.84 of
the Revised Code this chapter, and, if substantially
complied with, those
things being changed which should be changed to meet the
requirements of the particular case, such procedure shall be held to meet the
requirements of such sections this chapter. (A) Form of Notice of Hearing on the Petition: "To all Persons and Public Corporations Interested: Public Notice is Hereby Given: (1) That on the ...... day of .........., 19...., pursuant
to the Conservancy Law of Ohio, there was filed in the office of
the Clerk of the Court of Common Pleas of ........... County,
Ohio, the petition of ............ and others for the
establishment of a Conservancy District to be known as ..........
Conservancy District. (Here insert the purposes)(2) That the lands sought to be included in said District
comprise lands in .......... and .......... Counties, Ohio,
described substantially as follows: Beginning on the north line of .......... County at its
point of intersection with the west bank of the .......... River;
thence west along the north line of .......... County to the high
bluffs facing said .......... River on the west; thence following
the base of the line of said bluffs to the north line of the
right of way of the .......... Railroad; thence west along the
north right of way line of said Railroad to the center line of
........... Avenue in the Village of ..........; thence south
along the center line of .......... Avenue to the ..........
Pike; thence southeasterly along the .......... Pike to the
southeasterly line of the right of way of the ..........
Railroad; thence southeasterly along said right of way line to
the corporate limits of the City of ..........; thence with said
corporation line southerly, easterly, and northerly to the
southerly right of way line of the main track of the ..........
Railroad; thence easterly along said last named right of way line
to the boundary line between .......... Counties; thence north
along said County line to the southerly line of ..........
County; thence easterly along the dividing line between
.......... Counties to the easterly line of the right of way of
the .......... Railroad; thence northerly along said right of way
line to its intersection with the .......... Pike; thence
westerly along said Pike to the center line of the bridge over
.......... Creek; thence up said Creek and along the center line
thereof to the north line of .......... County; thence west to
the place of beginning. Or, if found more convenient, the lands sought to be
included in the District may be described as follows: All of Township .......... in Range ...... between the
.......... Railroad and the .......... River; the following lands
in .......... Township and ...... Range; Section ...... and the
...... half of Section ......; also all lands within the
corporate limits of the City of .......... etc. (3) That a public hearing on said petition will be had in
said Court on ....... the ...... day of ........, ...., at the hour of
...... o'clock .....M. by the Court of Common Pleas of ..........
County, at the Courthouse in the City of .......... County, Ohio. All persons and public corporations interested will be
given the opportunity to be heard at the time and place above
specified.
| | |
| | Clerk of the Court of Common Pleas |
| | of .................. County, Ohio. |
Dated .........., Ohio, .............., 19...." (B) Form of Finding on Hearing:
"State of Ohio, | | ) |
| | ) ss. |
.......... County | | ) |
In the Court of Common Pleas of .......... County. In Matter of ..........
Conservancy District: FINDINGS AND DECREE ON HEARINGOn this ...... day of ........, 19...., this cause coming
on for hearing upon the petition of .......... and others, for
the organization of a Conservancy District under the Conservancy
Law of Ohio, the Court, after a full hearing now here finds: (1) That it has jurisdiction of the parties to and the
subject matter of this proceeding. (2) That the purposes for which said District is
established are: (Insert the purposes)And that it is a public necessity. (3) That the public safety, health, convenience, and
welfare will be promoted by the organization of a Conservancy
District substantially as prayed in said petition (if additional
lands are added by petition) except, that the following
additional lands at the petition of the owners thereof should be
and hereby are included in said District: (Here insert additional lands)(4) That the boundaries of said District as modified by
the last finding herein are as follows: (Here insert corrected
boundaries of district) (5) That the said territory last above described should be
erected into and created a Conservancy District under the
Conservancy Law of Ohio under the corporate name of ............
Conservancy District. Wherefore, it is by the Court ordered, adjudged, and
decreed: That the territory as above described be, and the same
hereby is erected into and created a Conservancy District under
the Conservancy Law of Ohio under the corporate name of .........
Conservancy District, with its office or principal place of
business at .........., in .......... County, Ohio. (If
directors are appointed at the same time) And the following
persons are hereby appointed directors of said Conservancy
District: ..............., for the term of three years, ..............., for the term of four years (if the district includes all or
parts of more than sixteen counties), ..............., for the term of five years, ..............., for the term of six years (if the district includes all or
parts of more than sixteen counties), ..............., for the term of seven years, who are hereby directed to
qualify and proceed according to law. (6) For consideration of other matters herein, this cause
is retained on the docket.
(C) Form of Notice to Persons and Public Corporations to
pay Assessment: "To all Persons and Public Corporations Interested: Public Notice is Hereby Given: (1) That on the ...... day of ........, 19...., the Board
of Directors of The .......... Conservancy District duly levied an
assessment upon all the benefited property and public
corporations in said District in the aggregate sum of $.........,
has caused the same to be recorded upon the Assessment Record of
said District, and that said Assessment Record is now on file in
the office of the District at ............ (2) That the assessment against any parcel of land or any
public corporation may be paid to the Treasurer of The ..........
Conservancy District at any time on or prior to .........., 19 ....,
without
costs and without interest, and if so paid a discount of ten per
cent of the assessment will be allowed according to law. (3) That as soon after the ..... day of ........, 19....,
as conveniently may be, the Board of Directors of said District
will divide the uncollected assessment into convenient
installments, provide for the collection of interest on the
unpaid installments, and will issue bonds bearing interest not
exceeding the rate provided in section 9.95 of the Revised Code
in anticipation of the collection of the several installments of
said assessment pursuant to the Conservancy Law of Ohio.
(D) Form of Bond and of Coupon: (Form of Bond)
UNITED STATES OF AMERICA
State of Ohio
............. Conservancy District.
Conservancy Bond.
Know all Men Persons by These Presents that ...........
Conservancy District, a legally organized Conservancy District of the State
of Ohio, acknowledges itself to owe and for value received hereby
promises to pay to bearer ........ Dollars ($........) on the
first day of ........, 19...., with interest thereon from the
date hereof until paid at the rate of ...... per cent per annum,
payable ........, 19...., and semiannually thereafter on the
first day of ........ and of ........ in each year on
presentation and surrender of the annexed interest coupons as
they severally become due. Both principal and interest of this
bond are hereby made payable in lawful money of the United States
of America, at the office of the Treasurer of State, in the City
of Columbus, Ohio. This bond is one of a series of bonds issued by ...........
Conservancy District for the purpose of paying the cost of
constructing a system of flood prevention (or for the other
works) for said District and in anticipation of the collection of
the several installments of an assessment duly levied upon lands
and public corporations within said District and benefited by
said improvement in strict compliance with the Conservancy Law of
Ohio, and pursuant to an order of the Board of Directors of said
District duly made and entered of record. And it is hereby certified and recited that all acts,
conditions, and things required to be done in locating and
establishing said District and in equalizing appraisals of
benefits and in levying assessments against lands and public
corporations benefited thereby, and in authorizing, executing,
and issuing this bond, have been legally had, done, and performed
in due form of law; that the total amount of bonds issued by said
District does not exceed ninety per cent of the assessments so
levied and unpaid at the time said bonds are issued or any legal
limitation thereof. And for the performance of all the covenants and
stipulations of this bond and of the duties imposed by law upon
said District for the collection of the principal and interest of
said assessments and the application thereof to the payment of
this bond and the interest thereon, and for the levying of such
other and further assessments as are authorized by law and as may
be required for the prompt payment of this bond and the interest
thereon, the full faith, credit, and resources of said ..........
Conservancy District are hereby irrevocably pledged. In Testimony Whereof the Board of Directors of ............
Conservancy District has caused this bond to be signed by its
President and sealed with the corporate seal of said District,
attested by its Secretary, and registered by the Treasurer of
State, and the coupons hereto annexed to be executed by the
facsimile signatures of said President and Secretary, as of the ............
day of ................, 19.....
Attest: ........................ Secretary" (Form of Coupon) "$.......................
| | | (..........) | | |
| On the first day of | | ( ) | | 19,.... |
| | | (..........) | | |
.................... Conservancy District promises to pay
to bearer ................ Dollars ($..........) lawful money of
the United States of America, at the office of the Treasurer of
State, Columbus, Ohio, being semiannual interest due on that date
on its Conservancy Bond dated ................, 19.....
No. .................... ........................ Secretary" (E) Form of Notice of Enlargement of District:
"State of Ohio, | | ) |
| | ) ss. |
County of ............. | | ) |
In the Court of Common Pleas, ................ County, Ohio. In the Matter of .................. Conservancy District NOTICE OF ENLARGEMENT OF DISTRICT
To All Persons (and Public Corporations, if any) Interested: Public Notice Is Hereby Given: (1) That heretofore on the ...... day of ..........,
19...., the Court of Common Pleas of ................ County,
Ohio, duly entered a final decree erecting and creating
................ Conservancy District and appointing a Board of
Directors therefor. (2) That thereafter this Court duly appointed ........................ ........................ ........................ ........................ (if the district includes all or parts of more than
sixteen counties) ........................ (if the district includes all or parts of more than
sixteen counties) to be the Board of Appraisers for said District. That said Board of
Appraisers on the ........ day of ............, 19...., filed its
report
recommending that the following described lands, not originally included in
the District, be added thereto: (Here describe generally the lands which the Report of the
Board of Appraisers recommends should be added to the District). (3) That on ........, the ........ day of ..............,
19...., (or as soon thereafter as the convenience of the Court
will permit), at the Courthouse in ............ of
.............., Ohio, the Court of Common Pleas of
.................. County, Ohio, will hear all persons and public
corporations interested upon the question whether said lands
should be added to and included in said ....................
Conservancy District.
| | |
| | Clerk of the Court of Common Pleas of County,
Ohio" |
(F) Form of Notice of Hearing on Appraisals:
"State of Ohio, | | ) |
| | ) ss. |
County of .............. | | ) |
In the Court of Common Pleas, ........... County, Ohio.
In the Matter of | | ) |
| | ) |
Conservancy District | | ) |
NOTICE OF HEARING ON APPRAISALS
To all Persons and Public Corporations Interested: Public Notice Is Hereby Given: (1) That heretofore on the ........ day of .............,
19...., the Court of Common Pleas of ................ County,
Ohio, duly entered a decree erecting and creating ...............
Conservancy District and appointing a Board of Directors
therefor. (2) That thereafter this Court duly appointed
.................................................................
the Board of Appraisers for said District. That said Board of
Appraisers on the ........ day of ................, 19...., filed
its Appraisals of Benefits and Damages and of land to be taken as
follows: (Here insert general description of land appraised) The said appraisal of benefits and damages and of land to
be taken is now on file in the office of the clerk of this court. (3) All public corporations and all persons, owners of or
interested in the property described in said Report, whether as
benefited property or as property taken and damaged (whether said
taken or damaged property lies within or without said District),
desiring to contest the appraisals as made and returned by the
Board of Appraisers, must file their objections in said court on
or before the ........ day of ................, 19...., (here
insert a date thirty days after the last publication of the
notice) and a hearing on said appraisal will be had on the
........ day of ................, 19...., (here insert a date not
less than forty, nor or more than fifty, days after the date of
the last publication of this notice, as fixed by the court) in the
City of .................., Ohio, at which time an opportunity
will be afforded all objectors to be heard upon their several
objections.
| | |
| | Clerk of the Court of Common Pleas of ................... County, Ohio |
Dated at the City of .................., Ohio, this ....... day of
.................., 19....." (G) Form of Certificate of Assessment Record: "This is to Certify: (1) That on the ........ day of ................, 19....,
the Board of Directors of The .................. Conservancy
District duly levied an assessment upon all the benefited
property and public corporations in said District in the
aggregate sum of $............, together with interest, and duly
apportioned said assessment to and levied said assessment upon
each tract of land or other property and each public corporation
in said District in proportion to the benefits thereto. (2) That the said assessment and the apportionment thereof
upon the benefited lands and public corporations have been
recorded in the Conservancy Assessment Record of The
.................. Conservancy District which contains in tabular form
a notation of the items of property and the public corporations to
which benefits have been appraised, the total amount of benefits
appraised against each item or public corporation, and the total
assessment levied against each item or public corporation. (3) That the Conservancy Assessment Record of The
................ Conservancy District contains a true and correct record of
the benefits approved and confirmed by the Court and of the
assessment levied by the Board of Directors thereof on ........
day of ............, 19..... IN WITNESS WHEREOF, the President and Secretary,
respectively, of the Board of Directors of The ................
Conservancy District have hereunto set their hands and the
corporate seal of the said District this ........ day of
............, 19.....
(H) Form of Certificate of Annual Levy: "This is to Certify: (1) That on the ........ day of ............, 19...., the
Board of Directors of The ................ Conservancy District
determined, ordered, and levied the Annual Levy of 19....
(year) upon
all the benefited property and public corporations in said
District in the aggregate sum of $................ for the
account of the Bond Retirement Fund of said District and pursuant
to and being a part of assessments heretofore levied. (2) That the said Board of Directors has duly apportioned
said Annual Levy to all of the benefited properties and public
corporations in said District and that the respective amounts of
said Annual Levy imposed upon the benefited properties and public
corporations have been recorded in the Conservancy Assessment
Book record of The ................ Conservancy District, which
contains a schedule thereof. (3) That on the ........ day of ............, 19...., the
Board of Directors of The ................ Conservancy District
duly levied a maintenance assessment for the year 19...., in the
aggregate sum of $............ for the account of the Maintenance
Fund of said District. That said maintenance assessment has been
duly apportioned to the benefited properties and public
corporations in said District in proportion to benefits and that
the amounts of said maintenance assessment imposed upon the
properties and public corporations in said District have been
recorded in the Conservancy Assessment Book record of The
................ Conservancy District. (4) That the Conservancy Assessment Book record contains a true
and correct record of the Annual Levy of 19....
(year) and of the
maintenance assessment for the year 19.... as determined,
ordered, and levied by the Board of Directors of The
................. Conservancy District on the ........ day of
............, 19..... (5) That the said amounts of said Annual Levy and of said
maintenance assessment shall be collectible and payable in the
year 19.... in the sums specified at the same time that the state
and county taxes are due and collectibel collectible. IN WITNESS WHEREOF, the President and Secretary,
respectively, of the Board of Directors of the ................
Conservancy District have hereunto set their hands and the
corporate seal of this said District this ........ day of
............, 19.....
SECTION 2 . That existing sections 5511.04, 6101.01, 6101.02, 6101.03, 6101.04,
6101.07, 6101.08, 6101.11, 6101.12, 6101.13, 6101.15, 6101.16, 6101.17,
6101.19, 6101.23, 6101.25, 6101.30, 6101.31, 6101.32, 6101.33, 6101.36,
6101.38,
6101.39, 6101.40, 6101.41, 6101.42, 6101.43, 6101.44, 6101.441, 6101.45,
6101.48, 6101.49, 6101.50, 6101.501, 6101.51, 6101.52, 6101.53, 6101.54,
6101.55, 6101.57, 6101.58, 6101.59, 6101.60, 6101.61, 6101.65, 6101.67,
6101.68, 6101.69, 6101.70, 6101.71, 6101.73, 6101.74, 6101.77, 6101.78,
6101.79, 6101.80, and 6101.84 of the Revised Code are hereby repealed.
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