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S. B. No. 170 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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A BILL
To amend sections 6101.10, 6101.48, 6101.53, 6101.67, and 6101.70 and to enact section 6101.101 of the Revised Code to revise the membership of the board of directors of a conservancy district that includes all or parts of more than sixteen counties, to require the board of directors of such a district rather than the conservancy court to perform certain functions under the Conservancy Districts Law, to prohibit the levying of an assessment by such a conservancy district under specified circumstances, and to make other changes concerning the levying of an assessment by such a conservancy district.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 6101.10, 6101.48, 6101.53, 6101.67, and 6101.70 be amended and section 6101.101 of the Revised Code be enacted to read as follows:
Sec. 6101.10. (A) Except as provided in division (B) of
this section, within thirty days after entering the decree
incorporating a conservancy district, the court shall appoint
three persons, at least two of whom are residents of counties,
all or part of which are included within the territorial limits
of the district, as a board of directors of the conservancy
district, one for a term of three years, one for a term of five
years, and one for a term of seven years. At the expiration of
their terms of office, appointments shall be made for terms of
five years. The court shall fill any vacancy which that may occur on
the board for the unexpired term.
(B) Within thirty days after the entering of a decree under
section 6101.09 of the Revised Code incorporating a conservancy
district that includes all or parts of more than sixteen
counties, the court presidents of the boards of county commissioners of the counties all or part of which are included within the territorial limits of the district shall appoint five seven persons, each of whom is a
resident of a different county and at least three of whom are
residents of counties all or part of which are is included within
the territorial limits of the district, as a members of the board of directors
of the conservancy district. A majority vote of the presidents of the boards of county commissioners is necessary for appointment of a member of the board of directors of the conservancy district. Of the initial appointments made to
the board, one shall be for a term of two years, two for a term of three years, one two for a term
of four years, one and two for a term of five years, one for a term of
six years, and one for a term of seven years. At the expiration
of their terms of office, appointments shall be made for terms of
five years. The court presidents of the boards of county commissioners of the counties all or part of which are included within the territorial limits of the district shall fill any vacancy which that may occur on
the board for the unexpired term. A member of the board of directors of the conservancy district may be reappointed.
(C) Within thirty days after issuing an order under
section 6101.30, 6101.70, or 6101.72 of the Revised Code annexing lands to
a district or uniting districts and resulting in a district that includes all or parts
of more than sixteen counties, the court shall appoint to the
a board of directors two additional members, each of whom is a
resident of a different county and does not reside in the same
county as any member of the existing board, for terms of not more
than five years, provided that the terms of those two members
shall not expire in the same year or in the year in which any
existing member's term expires. At the expiration of their terms
of office, appointments shall be made for terms of five years. In appointing
the two additional members, the court shall ensure
that at least three of the five members of the board are
residents of counties all or part of which are included within
the territorial limits of the district. The court shall fill any
vacancy which may occur on the board for the unexpired term and,
in filling vacancies or making subsequent appointments, shall
ensure that all members of the board reside in different
counties for the resulting conservancy district shall be appointed in accordance with division (B) of this section. Upon the appointment of the new board of directors, the prior board of directors of the conservancy district shall terminate, and the new board of directors shall govern and operate the conservancy district.
Sec. 6101.101. (A) On and after the effective date of this section and notwithstanding any other section of the Revised Code to the contrary, the board of directors of a conservancy district that is composed of all or parts of more than sixteen counties shall perform all of the functions of the conservancy court established under this chapter for the district except the functions of the court specified in sections 6101.05, 6101.06, 6101.061, 6101.07, 6101.08, 6101.09, 6101.10, 6101.11, 6101.181, 6101.26, 6101.35, 6101.36, 6101.37, 6101.38, 6101.54, 6101.59, 6101.60, 6101.66, 6101.68, 6101.69, 6101.70, 6101.71, 6101.72, 6101.73, 6101.74, 6101.76, 6101.77, 6101.78, and 6101.79 of the Revised Code and the function of the court specified in division (D) of sections 6101.48 and 6101.53 of the Revised Code.
(B) In performing the functions of the court pursuant to division (A) of this section, the board shall resolve reasonably any conflicts that may occur and shall avoid duplication of any requirement.
(C) Nothwithstanding any section of this chapter to the contrary, a person or public corporation that is within the territorial boundaries of a district that is composed of all or parts of more than sixteen counties that considers itself injured in any manner by any act performed by the board of directors as required by division (A) of this section may file an action in the court of common pleas of the county in which the person or public corporation is located.
Sec. 6101.48. After (A) Except as otherwise provided in division (B) of this section, after the conservancy appraisal record as approved by
the court, or that part 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, 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 the portion of the benefits that
is found necessary by the board to pay the cost of the execution
of the official plan, including superintendence of construction
and administration, plus one-ninth of that total to be added for
contingencies, but not to exceed in the total of principal the
appraised benefits so adjudicated.
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 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
assessment, but 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 an assessment record named
"Conservancy Assessment Record of ....... District." It
shall contain 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. 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 the conservancy assessment
record, it shall be signed and
certified by the president of the board and by the secretary of
the conservancy district
and placed on file and shall become a permanent
record in the office of 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 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 the assessment
exclusive of interest does not exceed the total of benefits
appraised.
(B)(1) On and after the effective date of this amendment, the board of directors of a conservancy district that is composed of all or parts of more than sixteen counties shall not levy an assessment under this section for any new work or improvement that is not in the current version of the district's official plan until the board has done both of the following:
(a) Amended, in a sufficiently detailed manner, the district's official plan in accordance with section 6101.39 of the Revised Code to provide for the new work or improvement;
(b) Completed an appraisal of benefits of and damages from the new work or improvement in accordance with section 6101.28 of the Revised Code and filed the conservancy appraisal record in accordance with section 6101.31 of the Revised Code.
(2) On and after the effective date of this amendment, the board of directors of a conservancy district that is composed of all or parts of more than sixteen counties shall not levy an assessment on real property that is exempt from taxation unless the owner of the property has specifically requested in writing that the assessment be imposed on the exempt real property. If a board of directors receives such a written request from the owner of real property that is exempt from taxation, the board shall levy and collect the assessment in accordance with the procedures and requirements established in this chapter.
(C) A person may appeal an assessment levied by the board of directors of a conservancy district that is appointed under division (B) or (C) of section 6101.10 of the Revised Code to the court of common pleas of the county in which the person owns real property that is subject to the assessment.
Sec. 6101.53. To (A) Except as otherwise provided in division (B) of this section, 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 this chapter,
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 district may, upon the
substantial completion of 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
this chapter, to be known as a conservancy
maintenance
assessment. No 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 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 in this section
for maintenance of other properties or improvements.
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
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 the
district
are located in the conservancy assessment 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
assessment. The auditor shall certify the same to the
county
treasurer of the county at the same time that the auditor
certifies the annual installment of the assessments levied under
that section,
and the sum of 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 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 amount of the maintenance assessment paid by any parcel
of land or public corporation shall not be credited against the
benefits assessed against 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 within
the district. The rates to be charged for 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 the service is rendered by the
district. Contracts shall specify the maximum quantity of water to be
furnished to the public corporation or person, 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.
(B)(1) On and after the effective date of this amendment, the board of directors of a conservancy district that is composed of all or parts of more than sixteen counties shall not levy a maintenance assessment under this section until after the works or improvements are substantially completed as required in division (A) of this section. In addition, the board shall not levy a maintenance assessment under this section for the maintenance of or improvements to projects that were not previously constructed under the district's official plan.
(2) On and after the effective date of this amendment, the board of directors of a conservancy district that is composed of all or parts of more than sixteen counties shall not levy a maintenance assessment on real property that is exempt from taxation unless the owner of the property has specifically requested in writing that the maintenance assessment be imposed on the exempt real property. If a board of directors receives such a written request from the owner of real property that is exempt from taxation, the board shall levy and collect the maintenance assessment in accordance with the procedures and requirements established in this chapter.
(C) A person may appeal a maintenance assessment levied by the board of directors of a conservancy district that is appointed under division (B) or (C) of section 6101.10 of the Revised Code to the court of common pleas of the county in which the person owns real property that is subject to the maintenance assessment.
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 or by the board of directors of a conservancy district composed of all or parts of more than sixteen counties, as applicable, and necessary
expenses for the time actually employed in performing
official duties. The compensation and expenses
shall be paid only
upon itemized statements submitted and certified to by the
individual member.
Sec. 6101.70. (A) If two or more conservancy districts
have been organized in a territory which that, 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 that it is desired to unite with the district of the
petitioners. The notice shall contain the time and place where
the hearing on the petition will be had and the purpose of the
hearing. The hearing shall be had in accordance with
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 one. The
court shall designate the corporate name of the united district,
and further proceedings shall be taken as provided for in this chapter.
In accordance with division (A) or (B) of section 6101.10 of the
Revised Code, as applicable
If the united district comprises all or parts of sixteen counties or less, the court shall direct in the order
in accordance with division (A) of section 6101.10 of the Revised Code who shall be the members of the board of the united district, who
shall thereafter have the powers and be subject to
the regulations as are provided for the board in districts
created in the first instance. However, if the united district comprises all or parts of more than sixteen counties, the presidents of the boards of county commissioners of the counties all or part of which are included within the territorial limits of the united district shall appoint the members of the board of the united district in accordance with divisions (B) and (C) of section 6101.10 of the Revised Code, who shall thereafter have the powers and be subject to 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
those proceedings shall then proceed as provided in
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 a new board of directors shall be appointed in accordance with divisions (B) and (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 a new board of directors shall be appointed in accordance with divisions (B) and (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, 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
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 this chapter, until the questions involved
are finally determined.
Section 2. That existing sections 6101.10, 6101.48, 6101.53, 6101.67, and 6101.70 of the Revised Code are hereby repealed.
Section 3. Not later than thirty days after the effective date of this section, the presidents of the boards of county commissioners of the counties all or part of which are included within the territorial limits of an existing conservancy district that includes all or parts of more than sixteen counties shall appoint two additional persons as members of the existing board of directors of the conservancy district. The terms of office of the resulting seven-member board shall be as follows: two years for one of the new additional persons, three years for one of the new additional persons and one existing member, four years for two existing members, and five years for two existing members. Each member of the board shall be a resident of a county all or part of which is included within the territorial limits of the district. The procedures and requirements established in division (B) of section 6101.10 of the Revised Code, as amended by this act, shall govern the filling of vacancies, terms of office of future appointments, reappointments, and other appointment matters.
Upon the appointment of the two additional members to the existing board of directors of an existing conservancy district under this section, the board of directors of the conservancy district that was appointed prior to the effective date of this section shall terminate, and the new board of directors shall govern and operate the conservancy district.
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