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S. B. No. 85 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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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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