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H. B. No. 244 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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A BILL
To amend sections 515.04, 515.05, 515.08, 515.11, 515.12, and 515.15 and to enact section 515.16 of the Revised Code to authorize townships to relocate underground overhead cables, wires, and appurtenant equipment upon petition; to pay for a relocation by assessing abutting and otherwise specially benefited properties; to collect interest on unpaid assessments for an underground relocation project or an artificial lighting district project; and to exempt townships from liability for outages or other damage caused by a relocation project, and to exempt the owners of the cables, wires, and appurtenant equipment from liability, unless the outage or other damage was caused by the owner's negligence.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 515.04, 515.05, 515.08, 515.11, 515.12, and 515.15 be amended and section 515.16 of the Revised Code be enacted to read as follows:
Sec. 515.04. The township
fiscal officer shall fix a
day, not more
than thirty days from the date of notice to the
board of township
trustees, for the hearing of the petition
provided for by section
515.02 or 515.16 of the Revised Code.
The township
fiscal officer shall prepare and deliver
to any of the
petitioners a notice in writing directed to the
lot and land
owners and to the corporations, either public or
private, affected
by the improvement.
The notice shall set
forth the substance,
pendency, and prayer of the petition and
the time and place of
the hearing
on it.
A copy of
the notice shall be served upon each lot or
land
owner or left at
the lot or land owner's usual place of
residence, and upon an
officer or agent of each
corporation
having its place of
business in
the district or area, at least
fifteen days before the date
set for the hearing. On or before the
day of the hearing, the person
serving
the notice shall make
return
on it, under oath, of the
time and manner of
service and shall file
the return with the
township fiscal
officer.
The
township fiscal officer shall give
the notice to each
nonresident lot or
land owner, by publication once, in a newspaper
published in and
of general circulation in the county in which the
district or area is
situated, at least two weeks before the day set for
hearing.
The notice shall be verified by affidavit of the
printer or
other person knowing the fact and shall be filed with
the
township fiscal officer on or before the day of hearing. No
further notice of the
petition or the proceedings
under
it shall thereafter be
required.
Sec. 515.05. At the time and place specified in the notice for hearing on a
petition for the lighting of streets and public ways, as provided by section
515.04 or 515.06 of the Revised Code, the board of township trustees shall meet and hear
any and all proof offered by any of the parties affected by such improvement,
and by other persons competent to testify. Such board shall go over and along
such streets and public ways, and, by actual view thereof, and of the premises
along and adjacent thereto and to be lighted or benefited thereby, it shall
determine the necessity of the improvement. The board may find that the
improvement will result in general as well as special benefits. The board may
adjourn from time to time and to such place as necessity requires.
Sec. 515.08. On accepting a bid for artificial lighting
and bond as provided by section 515.07 of the Revised Code, the
board of township trustees shall enter into a contract with the
successful bidder for the furnishing of such lights according to
specifications. The contract shall not be for a longer term than
ten years. The cost and expenses of furnishing and maintaining
such lights, and of the proceedings in relation thereto, shall be
paid from a fund raised by special assessments against the lots
and lands in the district which are benefited by such lighting,
provided, if the board finds that the lighting will result in
general as well as special benefits there may be paid from the
general fund of the township treasury such portion of the cost
and expenses, except interest on unpaid assessments, as is found to represent the value of the general
benefit.
Such assessments shall not be in excess of the special
benefits resulting from such lighting, they shall be paid and
collected in equal semiannual installments, equal in number to
twice the number of years for which the contract is made, and
they shall be paid and collected in the same manner and at the
same times that taxes are paid and collected. Any such
assessment in the amount of five dollars or less, or with an
unpaid balance of five dollars or less, shall be paid in full,
and not in installments, at the time the first or next
installment would otherwise become due and payable. Such
assessments may be made and levied by any one of the following
methods:
(A) By a percentage of the tax value of the property
assessed;
(B) In proportion to the benefits which may result from
the lighting;
(C) By the foot frontage of the property bounding and
abutting upon the streets, or public ways so lighted;
(D) In an equal amount against each benefited lot, this
amount to be determined by dividing the total cost per semiannual
installment by the number of benefited lots in the district.
The board of township trustees, by resolution, may provide for the payment of interest on unpaid assessments, which shall be treated as part of the costs and expenses of furnishing and maintaining the lights. The resolution shall specify the rate of interest, which shall be based on the fair market rate that would have been borne by securities issued in anticipation of the collection of the assessments if such securities had been issued.
After the levy of such special assessment the board may, at
any time during any year in which installments thereof become
due, pay out of the general fund of the township the full amount
of the contract price for that year, provided such amount does
not exceed the aggregate amount of the installments due for that
year.
Sec. 515.11. The board of township trustees shall certify
to the county auditor the boundaries of the district in which
lights are to be erected, and, when requested to do so by the
board, the auditor shall apportion the valuation for taxation of
any lot or parcel of land lying partly within and partly without
the district.
The board shall, by resolution, assess against the
benefited lots and parcels of land in the district, in accordance
with section 515.08 of the Revised Code, such portion of the
costs of furnishing and maintaining the lights, for the period of
the contract and the proceedings in relation thereto, as does not
exceed the special benefits resulting from the lighting, and
shall certify such costs to the auditor. The auditor shall
annually place upon the tax duplicate, for collection in
semiannual installments as provided in that section, the two
installments of the assessment for that year, which installments, together with any interest on unpaid assessments,
shall be paid and collected as provided in that section.
If the number of lights to be furnished and maintained in a
district under any such contract is increased, pursuant to
section 515.09 of the Revised Code, the board shall make such
additional assessments as are necessary to pay the cost of
furnishing and maintaining the additional number of lights. If
the cost of providing the lights increases, the board may make
such additional assessments as are necessary to pay the
additional cost of the lights. The additional assessments shall
be made, certified, and collected in the same manner as an
original assessment, but shall be only for the unexpired portion
of the term of the contract.
The additional assessments and any unpaid interest thereon, when collected, shall go into the township
treasury and shall be used by the board only for the purpose for
which they were levied and collected.
Sec. 515.12. (A) All officers shall receive for services
performed under sections 515.01 to 515.11 515.16 of the Revised Code
the
same fees allowed for other similar services.
The township
fiscal officer shall receive for
the
fiscal officer's services the sum
of fifty cents from each lot or
land owner for whom a notice is
prepared and the sum of fifty
cents for each annual assessment
certified to the county auditor.
All payments
for the
services of township officials
shall be included in the cost of
the lighting district or relocation and
assessed against the property.
The
compensation shall be in
addition to all other compensation
provided by law.
(B) The board of township trustees may, by resolution,
employ additional personnel in place of the township
fiscal
officer to
prepare and certify notices for each lot or land owner
and shall
pay a reasonable sum not to exceed fifty cents for each
lot or
land owner for whom a notice is prepared and a reasonable
sum not
to exceed fifty cents for each annual assessment certified
to the
county auditor. The actual cost of
the additional
personnel
shall be assessed proportionately against each lot or
land owner
and shall be included in the cost of the lighting
district or relocation.
Sec. 515.15. A board of township trustees may contract only
with any the corporation, company, partnership, association,
municipal corporation, or person that owns overhead cables,
wires, and appurtenant equipment on a street or right-of-way
located within the township for the relocation of the overhead
cables, wires, and appurtenant equipment underground. Nothing in this section requires the owner of the overhead cables, wires, and appurtenant equipment to agree to a contract that contains terms or conditions that are not acceptable to the owner. Unless a
pre-existing arrangement provides otherwise or the parties to the
contract agree otherwise, the township shall pay the cost of the
relocation as provided in the contract. A proceeding for the
relocation may be combined with a proceeding for the furnishing
of new street lighting facilities or other street improvement.
Any corporation, company, partnership, association,
municipal corporation, or person with which the board of township
trustees contracts for the relocation of overhead cables, wires,
and appurtenant equipment underground shall identify and consult
with the owner of such cables, wires, and equipment during the
planning of the relocation, and shall notify the owner at least
twenty-four hours in advance of beginning the relocation.
A board of township trustees may, by resolution, adopt and
enforce regulations requiring owners of property abutting a
street in which overhead wires, cables, and appurtenant equipment
supplying a utility service have been relocated underground and
service connections have been provided to the street,
right-of-way, or property line, to install underground wires,
cables, or conduits from the street or right-of-way to the
buildings or other structures on the property to which the
utility service is supplied. The township may pay the cost
incurred in installing underground wires, cables, or conduits
from the street or right-of-way to the buildings or other
structures on the property to which the utility service is
supplied.
For the purpose of relocating overhead wires, cables, and
appurtenant equipment and installing underground wires, cables,
conduits, and appurtenant equipment, a township may enter upon
any private land to examine or survey lines for the wires,
cables, conduits, and appurtenant equipment and may appropriate
as much land as is necessary for the relocation and installation.
The township is not liable for any service outages or other damage caused by the relocation project. The owner of the overhead cables, wires, and appurtenant equipment is not liable for any service outages or other damage caused by the relocation project, unless the outage or other damage was caused by the owner's negligence.
Sec. 515.16. Any person may file a petition with the township fiscal officer requesting the board of township trustees to relocate underground any overhead cables, wires, and appurtenant equipment on streets or rights-of-way in an unincorporated area of the township. The petition shall specify the metes and bounds of the area to be included in the relocation project and shall be signed by at least seventy-five per cent of the landowners in the specified area whose land either abuts the streets or rights-of-way or otherwise would be specially benefited by the project.
The township fiscal officer shall give notice of the petition and a copy of it to the board of township trustees, schedule a hearing on the petition, and provide notice in the manner set forth in section 515.04 of the Revised Code. The board shall hear the petition in the manner set forth in section 515.05 of the Revised Code.
If the board of township trustees decides in favor of the petition, it shall contract only with the corporation, company, partnership, association, municipal corporation, or person that owns the overhead cables, wires, and appurtenant equipment that are to be relocated. Nothing in this section requires the owner of the overhead cables, wires, and appurtenant equipment to agree to a contract that contains terms or conditions that are not acceptable to the owner. Unless a pre-existing arrangement provides otherwise or the parties to the contract agree otherwise, the township shall pay the cost of the relocation project as provided in the contract. Any part of the costs of the relocation project to be paid by the township pursuant to the contract shall be assessed upon abutting or specially benefited property.
Except as otherwise provided in this section, the costs and expenses of the relocation project and related proceedings ultimately shall be paid by special assessments against the properties located in the project area that abut the streets or rights-of-way in question or that otherwise are specially benefited by the project. The assessments shall be made and levied in one of the following methods:
(A) As a percentage of the tax value of the property.
(B) In proportion to the special benefit resulting from the relocation project.
(C) By the foot frontage of the property abutting the streets or rights-of-way.
(D) In an equal amount against each property.
The board of township trustees, by resolution, shall assess all lands abutting the streets or rights-of-way in the project area and lands otherwise specially benefited by the project. The resolution may allow the assessments to be paid over a number of years, but not more than ten years.
The board of township trustees, by resolution, may provide for the payment of interest on unpaid assessments, which shall be treated as part of the costs and expenses of the relocation project. The resolution shall specify the rate of interest, which shall be based on the fair market rate that would have been borne by securities issued in anticipation of the collection of the assessments if such securities had been issued.
If the board of township trustees finds that the relocation project will result in general as well as special benefits, the board may pay from the township general fund a portion of the costs and expenses of the project, except interest on unpaid assessments, that represents the value of the general benefits. In no case shall assessments exceed the special benefits resulting from the project.
The board of township trustees shall certify the assessments and interest on unpaid assessments, when applicable, to the county auditor. The auditor shall place the assessments and interest on unpaid assessments, when applicable, upon the tax duplicate and collect the assessments and interest in the same manner and at the same time that taxes are paid and collected. The collected assessments and collected interest shall be deposited into the township general fund.
During any year in which installment payments of the assessments are due, the board of township trustees, by resolution, may waive the payments for all the assessed lands and pay the aggregate amount of the assessments for that year out of the township general fund.
The township is not liable for any service outages or other damage caused by the relocation project. The owner of the overhead cables, wires, and appurtenant equipment is not liable for any service outages or other damage caused by the relocation project, unless the outage or other damage was caused by the owner's negligence.
The provisions of section 515.15 of the Revised Code govern relocation projects requested by petition under this section.
Section 2. That existing sections 515.04, 515.05, 515.08, 515.11, 515.12, and 515.15 of the Revised Code are hereby repealed.
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