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(128th General Assembly)
(Substitute Senate Bill Number 85)
AN ACT
To enact sections 9.29, 735.054, 6101.161, 6103.101,
6115.201,
and 6119.101 of the Revised Code to
authorize
certain political subdivisions to
contract for
engineering, repair, sustainability,
water quality
management, and
maintenance of a
water
storage
tank through a
professional
service contract
under
specified
conditions.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 9.29, 735.054, 6101.161, 6103.101,
6115.201,
and 6119.101 of the Revised Code be enacted to read as
follows:
Sec. 9.29. (A) The following political subdivisions may
enter into, by
direct negotiation or through the solicitation of
requests for
proposals or requests for qualifications, a
multi-year, asset
management professional
service
contract for
the
engineering,
repair, sustainability, water
quality
management, and
maintenance of a water storage tank and
appurtenant facilities
owned, controlled, or operated by that
political subdivision, but
only if the contract complies with
division (B) of this section:
(1) A board of county commissioners, board of directors of
a
conservancy district, board of directors of a sanitary district,
or board of trustees of a regional water and sewer district;
(2) A municipal corporation through its director of
public
service, mayor, city manager, board of trustees of public
affairs, village administrator, or other contracting officer,
commission, board, or authority as authorized by ordinance of the
municipal corporation's legislative authority.
(B) A contract entered into pursuant to division (A) of this
section shall include provisions that do all of the following:
(1) Provide that the contracting political subdivision is not
required to make total payments in a single
year that exceed the
excess of (a) the political subdivision's water utility charges
over (b) the operating expenses of the water system payable from
such charges and the principal, interest, and other debt charges,
including reserves and coverage requirements, for outstanding debt
due in that year;
(2) Require that the work performed be done under the
supervision of a professional engineer licensed under Chapter
4733. of the Revised Code, who certifies that the work will be
performed in compliance with all applicable codes and engineering
standards;
(3) Provide that if, on the date of commencement of the
contract, the water tank or appurtenant facilities require
engineering, repair, sustainability, water quality management, or
service in order
to bring the tank or
facilities into
compliance
with federal,
state, or local
requirements, the
party
contracting with the
political subdivision must provide
the
engineering, repair,
sustainability,
water quality
management, or
service. The
cost
of the work
necessary to
ensure such compliance
shall be
itemized separately
and may be
charged to the political subdivision in payments spread over a
period of not
less than
three years from the date of
commencement
of the
contract. The charges shall be paid after
provision is made to pay operating expenses and the principal,
interest, and other debt service charges, including reserves and
coverage requirements for outstanding debt due in that year.
Sec. 735.054. Notwithstanding sections 715.18, 731.14,
731.141, 733.22, and 735.05 of the Revised Code, any municipal
corporation that may be required by law to award contracts in the
manner set forth in such sections may comply with
section 9.29
of the Revised Code regarding any contract for the
engineering,
repair, sustainability, water quality management, and
maintenance
of a water storage tank and appurtenant facilities.
Sec. 6101.161. Notwithstanding section 6101.16 of the
Revised Code, the board of directors of a conservancy district
may comply with section 9.29 of the Revised Code regarding any
contract for the engineering, repair, sustainability, water
quality management,
and maintenance of a water
storage tank and
appurtenant
facilities.
Sec. 6103.101. Notwithstanding sections 307.86 and 6103.10
of the Revised Code, the board of county commissioners may
comply with section 9.29 of the Revised Code regarding any
contract for the engineering, repair, sustainability, water
quality management,
and maintenance of a water
storage tank and
appurtenant
facilities.
Sec. 6115.201. Notwithstanding section 6115.20 of the
Revised Code, the board of directors of a sanitary district may
comply with section 9.29 of the Revised Code regarding any
contract for the engineering, repair, sustainability, water
quality management,
and maintenance of a water
storage tank and
appurtenant
facilities.
Sec. 6119.101. Notwithstanding section 6119.10 of the
Revised Code, the board of trustees of a regional water and sewer
district may comply with section 9.29 of the Revised Code
regarding any contract for the engineering, repair,
sustainability, water quality
management, and
maintenance of a
water storage tank and
appurtenant facilities.
SECTION 2. Nothing in this act is intended to restrict the
authority of a municipal corporation under Sections 3 and 4 of
Article XVIII, Ohio Constitution.
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