130th Ohio General Assembly
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S. B. No. 85  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
S. B. No. 85


Senator Stewart 

Cosponsor: Senator Seitz 



A BILL
To enact sections 9.29, 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, 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 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) Prohibit the county, conservancy district, sanitary district, regional water and sewer district, or municipal corporation from being required to make total payments in a single year that exceed the water utility charges the county, conservancy district, sanitary district, regional water and sewer district, or municipal corporation receives for 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 county, conservancy district, sanitary district, regional water and sewer district, or municipal corporation 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 charged to the county, conservancy district, sanitary district, regional water and sewer district, or municipal corporation in payments spread over a period of not less than three years from the date of commencement of the contract.
Sec. 6101.161.  Notwithstanding section 6101.16 of the Revised Code, the board of directors of a conservancy district shall 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 shall 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 shall 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 6101.16 of the Revised Code, the board of trustees of a regional water and sewer district shall 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.
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