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REPRESENTATIVES
TERWILLEGER-CORBIN-ALLEN-TAYLOR-
NETZLEY-SCHURING-HOLLISTER-
REDFERN-CLANCY-OLMAN- EVANS-BENDER-A.
CORE-AMSTUTZ-WIDENER-AUSTRIA-CATES-
LOGAN-STEVENS-
HOOPS-VESPER-O'BRIEN-ROBERTS
SENATORS CARNES-GARDNER-WHITE
A
BILL
To amend sections 133.15, 307.09, 315.14,
5555.01, 5555.43, 5555.46, 5555.51, 5571.15, 5573.07, 6103.01,
6103.02, 6103.03, 6103.04, 6103.05, 6103.07, 6103.081, 6103.11,
6103.12, 6103.13, 6103.15, 6103.17, 6103.20, 6103.21, 6103.22,
6103.23, 6103.24, 6103.25, 6103.29, 6103.31, 6117.01, 6117.011,
6117.02, 6117.04, 6117.05, 6117.06, 6117.08, 6117.23, 6117.251,
6117.28, 6117.29, 6117.30, 6117.32, 6117.34, 6117.38, 6117.39,
6117.41, 6117.42, 6117.43, 6117.44, 6117.45, and 6119.36, to enact
sections 1.62, 307.042, 715.90, 5555.022, 6103.40, 6117.49, and
6117.60, and to repeal sections 6103.09 and 6117.26 of the Revised
Code to modify certain road improvement and water supply,
sanitary, and drainage facilities laws to permit permanent
improvements to be made more efficiently and effectively by
simplifying, clarifying, and supplementing the procedures for
constructing and financing them, and to permit a lease for a
period of no more than twenty years of property located in a
parking facility built or acquired by a county to serve a building
housing county offices and not needed for public use.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 133.15, 307.09, 315.14, 5555.01, 5555.43,
5555.46, 5555.51, 5571.15, 5573.07, 6103.01, 6103.02, 6103.03,
6103.04, 6103.05, 6103.07, 6103.081, 6103.11, 6103.12, 6103.13,
6103.15, 6103.17, 6103.20, 6103.21, 6103.22, 6103.23, 6103.24,
6103.25, 6103.29, 6103.31, 6117.01, 6117.011, 6117.02, 6117.04,
6117.05, 6117.06, 6117.08, 6117.23, 6117.251, 6117.28, 6117.29,
6117.30, 6117.32, 6117.34, 6117.38, 6117.39, 6117.41, 6117.42,
6117.43, 6117.44, 6117.45, and 6119.36 be amended and sections
1.62, 307.042, 715.90, 5555.022, 6103.40, 6117.49, and 6117.60 of
the Revised Code be enacted to read as follows:
Sec. 1.62. AS USED IN THE REVISED CODE, UNLESS
THE CONTEXT OF A SECTION DOES NOT PERMIT THE FOLLOWING OR UNLESS
EXPRESSLY PROVIDED OTHERWISE IN A SECTION:
(A) REFERENCES TO PARTICULAR COUNTY OFFICERS, BOARDS,
COMMISSIONS, AND AUTHORITIES MEAN, IN THE CASE OF A COUNTY THAT
HAS ADOPTED A CHARTER UNDER ARTICLE X, OHIO CONSTITUTION,
THE OFFICER, BOARD, COMMISSION, OR AUTHORITY OF THAT COUNTY
DESIGNATED BY OR PURSUANT TO THE CHARTER TO EXERCISE THE SAME
POWERS OR PERFORM THE SAME ACTS, DUTIES, OR FUNCTIONS THAT ARE TO
BE EXERCISED OR PERFORMED UNDER THE APPLICABLE SECTION of the Revised
Code BY OFFICERS, BOARDS, COMMISSIONS, OR AUTHORITIES OF
COUNTIES THAT HAVE NOT ADOPTED A CHARTER.
(B) REFERENCES TO RESOLUTIONS MEAN, IN THE CASE OF A
COUNTY THAT HAS ADOPTED A CHARTER UNDER ARTICLE X, OHIO
CONSTITUTION, THE APPROPRIATE FORM OF LEGISLATION PERMITTED
BY OR PURSUANT TO THE CHARTER.
Sec. 133.15. (A) The taxing authority of any subdivision may
issue securities of the subdivision for the purpose of paying all
or any portion of the costs of any permanent improvement that the
subdivision is authorized, alone or in cooperation with other
persons, to acquire, improve, or construct.
Securities may be issued prior to the completion of any
proceedings required to authorize the permanent improvement or the
expenditure of the proceeds of the securities. IN ADDITION,
PROCEEDINGS FOR THE ISSUANCE OF SECURITIES FOR ANY PERMANENT
IMPROVEMENT FOR WHICH SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED AND
COLLECTED MAY AUTHORIZE THE IMPROVEMENT AND THE EXPENDITURE OF THE
PROCEEDS OF THE SECURITIES AND ANY OTHER FUNDS AVAILABLE AND
APPROPRIATED FOR THE IMPROVEMENT, WITHOUT THE PRIOR OR SUBSEQUENT
NECESSITY OF INSTITUTING OR COMPLETING ANY OTHER PROCEEDINGS THAT
OTHER PROVISIONS OF THE REVISED CODE THAT
CONTEMPLATE THAT SPECIAL ASSESSMENTS MAY BE LEVIED AND COLLECTED
FOR THAT TYPE OF IMPROVEMENT OTHERWISE MIGHT REQUIRE BEFORE AN
AUTHORIZATION OF THAT TYPE.
(B) Costs of permanent improvements that may be financed with,
and paid from the proceeds of, securities include, without
limitation as to other costs properly allocable to the permanent
improvement, the costs of: acquiring, constructing,
reconstructing, rehabilitating, installing, remodeling,
renovating, enlarging, equipping, furnishing, or otherwise
improving permanent improvements; site clearance, improvement, and
preparation; acquisition of real or personal property; indemnity
and surety bonds and premiums on insurance; all related direct
administrative expenses and allocable portions of direct costs of
the subdivision; engineering, architectural, legal, and other
consulting and professional services; designs, plans,
specifications, feasibility or rate studies, appraisals, surveys,
and estimates of cost; interest or interest equivalent on the
securities, whether capitalized or not; financing costs; title
work and title commitment, insurance, and guaranties;
amounts necessary to establish any debt service reserve or other
reserves as required by the proceedings for the securities;
audits; the reimbursement of moneys advanced or applied by or
borrowed from any person, whether to or by the subdivision or
others, from whatever source provided, for the payment of any item
or items of cost of the permanent improvements; and all other
expenses necessary or incidental to planning or determining
feasibility or practicability with respect to permanent
improvements or necessary or incidental to the acquisition,
construction, reconstruction, rehabilitation, installation,
remodeling, renovating, enlargement, equipping, furnishing, or
other improvement of the permanent improvements, the financing of
the permanent improvements, and the placing of the permanent
improvements in condition for use and operation, and all like or
related costs, including any one, part, or combination of, or the
subdivision's share of, those costs and expenses.
Sec. 307.042. UNLESS PROVIDED FOR BY CONTRACT BETWEEN A COUNTY
AND A MUNICIPAL CORPORATION, A COUNTY MAY NOT REGULATE THE UTILITY
RATES OF USERS OF A MUNICIPAL UTILITY.
Sec. 307.09. (A) If the interests of the county so require, the
board of county commissioners may sell any real property belonging
to the county and not needed for public use, including all or
portions of buildings acquired by the board to house county
offices, or may lease or rent the same, but no such lease shall be
for a longer term than five years, unless such lease is part of a
lease-purchase agreement, in which case the lease may be for a
period not exceeding twenty-five years, or unless the lease is to
a commercial tenant who uses the property as a retail store room,
office, or restaurant, and the leased property is located in a
building initially acquired to house county offices OR IN A
PARKING FACILITY CONSTRUCTED OR ACQUIRED TO SERVE A BUILDING THAT
HOUSES COUNTY OFFICES, in which case the lease may be for a period
not exceeding twenty years, and may include provision for one or
more renewals for lesser periods. In the case of real property
used or to be used for the purpose of airports, landing fields, or
air navigational facilities, including restaurants, parking lots,
motels, gasoline service stations, public recreation facilities,
public parks, office buildings, retail stores for merchandising or
services, and industrial uses located or to be located thereon, or
parts thereof, belonging to the county, the primary term of such
lease shall not exceed twenty-five years and the board of county
commissioners may renew such leases for one or more periods of
years. The total of such renewal periods, when added to the
primary term of such lease, shall not exceed sixty years.
(B) The board may grant leases, rights, and easements to the
United States government, to the state or any department or agency
thereof, or to municipal corporations or other governmental
subdivisions of the state for public purposes, or to privately
owned electric light and power companies, or natural gas
companies, or telephone or telegraph companies for purposes of
rendering their several public utilities services, or to
corporations not for profit for hospital, charitable, water,
sewer, or recreational purposes, including among other such
purposes memorial structures, parks, golf courses, and underground
structures, poles, piers, towers, wires, pipe lines
PIPELINES, underground cables, and manholes, on or in lands owned
by the county where such lease, right, or easement is not deemed
by the board to be inconsistent with the need of such land for
public use by the county. Any such lease, right, or easement
granted to the United States government, to the state or any
department or agency thereof, or to a municipal corporation
or other governmental subdivision of the state, or to privately
owned electric light and power companies, or natural gas
companies, or telephone or telegraph companies for purposes of
rendering their several public utilities services, or to
corporations not for profit for hospital, charitable, water,
sewer, or recreational purposes, may be for such length of time,
upon such terms, for such purposes, and may provide for such
renewals thereof as the board deems for the best interests of the
county.
(C) In case of the sale of such real property not used for
county purposes, and in case of a lease of real property used or
to be used for the purpose of airports, landing fields, or air
navigational facilities, including restaurants, parking lots,
motels, gasoline service stations, public recreation facilities,
public parks, office buildings, retail stores for merchandising or
services, and industrial uses, and in case of such a grant of
lease, right, or easement to the United States government, to the
state or any department or agency thereof or to a municipal
corporation or other governmental subdivision of the state, or to
privately owned electric light and power companies, or natural gas
companies, or telephone or telegraph companies for purposes of
rendering their several public utilities services, or to
corporations not for profit for hospital, charitable, water,
sewer, or recreational purposes, all or such part of the proceeds
thereof as the board designates may be placed by the board in a
separate fund to be used only for construction, equipment,
furnishing, maintenance, or repair of the county buildings and the
acquisition of sites therefor, or for the payment of principal of
or interest on bonds of the county issued for any county building.
Sec. 315.14. The county engineer shall be responsible for the
inspection of all public improvements made under authority of the
board of county commissioners. He THE ENGINEER shall keep
in suitable books a complete record of all estimates and summaries
of bids received and contracts for the various improvements,
together with the record of all estimates made for payments on such
THAT work. He THE ENGINEER shall make all surveys required
by law and, SHALL perform all necessary services to
be performed by a registered surveyor or registered professional
engineer in connection with the construction, repair, or opening
of all county roads or ditches constructed under the authority of
the board, and shall perform such other duties as
the board requires, provided that the duties described in Chapters
343., 6103., and 6117. of the Revised Code shall be performed only
pursuant to an agreement between the county engineer and the board;
AN AGREEMENT OF THAT TYPE MAY PROVIDE FOR THE COUNTY ENGINEER'S
PERFORMANCE OF DUTIES DESCRIBED IN ONE OR MORE OF THOSE CHAPTERS,
AND MAY PROVIDE FOR THE COUNTY ENGINEER'S PERFORMANCE OF ALL
DUTIES IMPOSED UPON A COUNTY SANITARY ENGINEER UNDER CHAPTERS
6103. AND 6117. OF THE REVISED CODE OR ONLY THE
DUTIES IMPOSED UPON A COUNTY SANITARY ENGINEER UNDER CHAPTER
6117. OF THE REVISED CODE IN RELATION TO DRAINAGE.
The board shall determine the compensation for performance of the
RELEVANT duties described in Chapters 343., 6103., and 6117. of
the Revised Code and shall pay the county engineer from funds
available under such THE APPLICABLE CHAPTER OR chapters or
from the general fund of the county. The performance of the
RELEVANT duties described in Chapters 343., 6103., and 6117. of
the Revised Code shall not constitute engaging in the private
practice of engineering or surveying.
Sec. 715.90. UNLESS PROVIDED FOR BY CONTRACT BETWEEN A COUNTY
AND A MUNICIPAL CORPORATION, A MUNICIPAL CORPORATION MAY NOT
REGULATE RATES AND CHARGES OF USERS IMPOSED BY A BOARD OF COUNTY
COMMISSIONERS UNDER CHAPTER 6103. OR 6117. OF THE REVISED
CODE OR FOR ANY COUNTY UTILITY ESTABLISHED UNDER ANY OTHER
CHAPTER of the Revised Code.
Sec. 5555.01. As used in sections 5555.01 to 5555.72,
inclusive, of the Revised Code THIS CHAPTER:
(A) "COST" OR "COSTS" INCLUDES
COMPENSATION, DAMAGES, AND EXPENSES THAT ARE INCIDENT TO AN
IMPROVEMENT COVERED BY THIS CHAPTER AND ALL ITEMS OF COST
DESCRIBED IN DIVISION (B) OF SECTION 133.15 OF THE REVISED
CODE THAT ARE INCIDENT TO AN IMPROVEMENT COVERED BY THIS
CHAPTER.
(B) "PUBLIC OBLIGATIONS" HAS THE SAME MEANING
AS IN SECTION 133.01 OF THE REVISED CODE.
(C) "road ROAD" includes any state or
county road, or part thereof OF ANY STATE OR COUNTY
ROAD, or any state or county road and any municipal corporation
street, or part thereof OF A ROAD OR STREET OF THOSE TYPES,
which form a continuous road improvement.
Sec. 5555.022. (A) A BOARD OF COUNTY COMMISSIONERS, BY
RESOLUTION ADOPTED BY A MAJORITY VOTE AND ACTING WITHOUT REGARD TO
OR THE NECESSITY FOR A PETITION, MAY FIND THAT THE PUBLIC
CONVENIENCE AND WELFARE REQUIRE THE IMPROVEMENT OF ANY PUBLIC ROAD
OR ROADS, OR PARTS OF ANY PUBLIC ROAD OR ROADS, IDENTIFIED IN THAT
RESOLUTION IN A MANNER PROVIDED IN SECTION 5555.06 OF THE REVISED
CODE AND MAY FIX THE ROUTE AND TERMINI OF THE IMPROVEMENT.
IF THE BOARD DETERMINES, IN THAT RESOLUTION OR IN A SUBSEQUENT
RESOLUTION, THAT SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED AND
COLLECTED TO PAY ANY PART OF THE COUNTY'S COSTS OF THE
IMPROVEMENT, THE BOARD, IN THAT RESOLUTION OR IN A SUBSEQUENT
RESOLUTION, INCLUDING A RESOLUTION AUTHORIZING THE ISSUANCE OR
INCURRENCE OF PUBLIC OBLIGATIONS FOR THE IMPROVEMENT, MAY
AUTHORIZE THE IMPROVEMENT AND THE EXPENDITURE OF FUNDS REQUIRED BY
THE COUNTY FOR ITS CONSTRUCTION AND MAY PROCEED WITH THE
IMPROVEMENT WITHOUT REGARD TO ANY OTHER PROCEDURES REQUIRED BY
SECTIONS 5555.03 TO 5555.42, 5555.45 TO 5555.47, 5555.50, AND
5555.81 TO 5555.83 OF THE REVISED CODE EXCEPT AS
OTHERWISE PROVIDED IN THIS SECTION.
(B) THIS SECTION APPLIES TO AND AUTHORIZES AN
IMPROVEMENT LOCATED WHOLLY WITHIN A SINGLE COUNTY, AN IMPROVEMENT
LOCATED IN A COUNTY AND ONE OR MORE OTHER COUNTIES IN THIS STATE,
AN IMPROVEMENT ALONG THE COUNTY LINE BETWEEN A COUNTY AND ONE OR
MORE OTHER COUNTIES IN THIS STATE, AN IMPROVEMENT EXTENDING FROM A
COUNTY INTO OR THROUGH ONE OR MORE ADJOINING COUNTIES IN THIS
STATE, AND AN IMPROVEMENT ON OR ALONG THE LINE BETWEEN THIS STATE
AND AN ADJOINING STATE. IF AN IMPROVEMENT INVOLVES MORE THAN ONE
COUNTY IN THIS STATE, THE PORTION OF THE COST OF THE IMPROVEMENT
TO BE BORNE BY EACH COUNTY, AFTER DEDUCTING ANY AMOUNT AGREED TO
BE PAID BY ANY TOWNSHIP IN THAT COUNTY IN WHICH THE IMPROVEMENT IS
LOCATED IN WHOLE OR IN PART, SHALL BE DETERMINED, WITHOUT REGARD
TO OR NECESSITY FOR A JOINT BOARD OF COUNTY COMMISSIONERS, IN AN
AGREEMENT AMONG THE COUNTIES. THOSE COUNTIES MAY PROCEED IN
ACCORDANCE WITH THIS SECTION IF SPECIAL ASSESSMENTS ARE NOT TO BE
LEVIED AND COLLECTED, OR MAY PROCEED IN ACCORDANCE WITH THE
PROVISIONS OF THIS CHAPTER APPLICABLE TO A SINGLE COUNTY
IMPROVEMENT IF SPECIAL ASSESSMENTS ARE TO BE LEVIED AND COLLECTED.
IF AN IMPROVEMENT IS ON OR ALONG THE LINE BETWEEN THIS STATE AND
AN ADJOINING STATE, THE PORTION OF ITS COST TO BE BORNE BY A
COUNTY IN THIS STATE SHALL BE DETERMINED IN AN AGREEMENT BETWEEN
THE COUNTY AND THE PROPER AUTHORITIES OF THE ADJOINING STATE OR
ITS PARTICIPATING OR COOPERATING SUBDIVISION OR AGENCY.
(C) THE FOLLOWING PROVISIONS ALSO APPLY TO AN
IMPROVEMENT UNDERTAKEN PURSUANT TO THIS SECTION:
(1) THE IMPROVEMENT AND THE PROCEEDINGS FOR ITS CONSTRUCTION
AND FINANCING, INCLUDING A CONTRACT FOR THE CONSTRUCTION, MAY
INCLUDE, CONSISTENT WITH THE OTHER PROVISIONS OF THIS SECTION AND
NOTWITHSTANDING ANY PROVISIONS OF THIS CHAPTER TO THE CONTRARY,
ANY ROAD OR ROADS OR PARTS OF ANY ROAD OR ROADS, AND THE
PROVISIONS OF SECTIONS 5555.61 TO 5555.69 OF THE REVISED CODE
RELATING TO CONTRACTS FOR THE CONSTRUCTION OF AN IMPROVEMENT SHALL
BE CONSTRUED ACCORDINGLY AND SHALL BE CONTROLLING TO THE EXTENT
APPLICABLE.
(2) ANY SURVEYS, PLANS, PROFILES, CROSS SECTIONS, ESTIMATES OF
COST, AND SPECIFICATIONS THAT MAY BE REQUIRED:
(a) IN THE CASE OF A SINGLE COUNTY IMPROVEMENT, SHALL BE
PREPARED BY THE COUNTY ENGINEER AT THE DIRECTION OF THE BOARD OF
COUNTY COMMISSIONERS AND SHALL REQUIRE THE BOARD'S APPROVAL;
(b) IN THE CASE OF AN IMPROVEMENT UNDERTAKEN
COOPERATIVELY BY TWO OR MORE COUNTIES IN THIS STATE, SHALL BE
PREPARED BY A COUNTY ENGINEER OF ONE OF THE COUNTIES AS AGREED TO
BY THE RELEVANT BOARDS OF COUNTY COMMISSIONERS OR, IF THE BOARDS
ARE UNABLE TO SO AGREE AND CERTIFY THAT FACT JOINTLY TO THE
DIRECTOR OF TRANSPORTATION, BY A COUNTY ENGINEER OF ONE OF THOSE
COUNTIES DESIGNATED BY THE DIRECTOR, AND THE SURVEYS, PLANS,
PROFILES, CROSS SECTIONS, ESTIMATES OF COST, AND SPECIFICATIONS SO
PREPARED SHALL REQUIRE THE APPROVAL OF EACH OF THE BOARDS;
(c) IN THE CASE OF AN IMPROVEMENT ON OR ALONG THE LINE
BETWEEN THIS STATE AND AN ADJOINING STATE, SHALL BE PREPARED BY
THE COUNTY ENGINEER OF THE COUNTY IN THIS STATE AND SHALL REQUIRE
THE APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS AND THE PROPER
AUTHORITIES OF THE ADJOINING STATE OR ITS PARTICIPATING OR
COOPERATING SUBDIVISION OR AGENCY.
(D) IN THE CASE OF AN IMPROVEMENT UNDERTAKEN PURSUANT TO
THIS SECTION ON OR ALONG THE LINE BETWEEN THIS STATE AND AN
ADJOINING STATE, A BOARD OF COUNTY COMMISSIONERS ALSO MAY JOIN IN
ITS CONSTRUCTION WITH THE DEPARTMENT OF TRANSPORTATION AND THE
EQUIVALENT DEPARTMENT OF THE OTHER STATE AS IF THE IMPROVEMENT
WERE WHOLLY WITHIN THIS STATE.
(E) IF, IN THE CASE OF AN IMPROVEMENT UNDERTAKEN
PURSUANT TO THIS SECTION INVOLVING TWO OR MORE COUNTIES IN THIS
STATE, THE BOARDS OF COUNTY COMMISSIONERS OF THE RELEVANT COUNTIES
ARE UNABLE TO AGREE UPON THE PORTION OF THE COSTS OF THE
IMPROVEMENT TO BE BORNE BY EACH COUNTY AND CERTIFY THAT FACT
JOINTLY TO THE DIRECTOR OF TRANSPORTATION, THE DIRECTOR SHALL MAKE
THE APPORTIONMENT AND CERTIFY IT TO EACH OF THE COUNTIES.
(F) A BOARD OF COUNTY COMMISSIONERS MAY ORDER THAT THE
COUNTY'S COST OF AN IMPROVEMENT UNDERTAKEN PURSUANT TO THIS
SECTION BE PAID FROM TAX LEVIES OR A ROAD IMPROVEMENT FUND
REFERRED TO IN SECTION 5555.43 OF THE REVISED CODE.
A COUNTY MAY ENTER INTO AN AGREEMENT WITH ANY TOWNSHIP IN WHICH
THE IMPROVEMENT IS LOCATED IN WHOLE OR IN PART FOR THE ALLOCATION
OF THE COST BETWEEN THE COUNTY AND THE TOWNSHIP.
(G) PROCEEDINGS FOR THE APPROPRIATION OF REAL PROPERTY
OR INTERESTS IN REAL PROPERTY NEEDED BY A COUNTY FOR AN
IMPROVEMENT UNDERTAKEN PURSUANT TO THIS SECTION SHALL TAKE PLACE
IN ACCORDANCE WITH SECTIONS 163.01 TO 163.22 OF THE REVISED
CODE.
(H) IF, IN THE CASE OF AN IMPROVEMENT UNDERTAKEN
PURSUANT TO THIS SECTION INVOLVING TWO OR MORE COUNTIES IN THIS
STATE, PUBLIC OBLIGATIONS ARE ISSUED OR INCURRED TO PAY THE COSTS
OF THE IMPROVEMENT, THE OBLIGATIONS SHALL BE ISSUED SEPARATELY BY
EACH COUNTY FOR ITS PORTION OF THOSE COSTS, AND THE BOARDS OF
COUNTY COMMISSIONERS MAY PROVIDE FOR THE CONSTRUCTION OF A PORTION
OF THE IMPROVEMENT WHOLLY WITHIN ONE COUNTY AS AND TO THE EXTENT
AUTHORIZED FOR A JOINT BOARD OF COUNTY COMMISSIONERS BY SECTION
5555.32 OF THE REVISED CODE.
(I) ACTIONS REQUIRED OR AUTHORIZED TO BE TAKEN BY A
BOARD OF COUNTY COMMISSIONERS PURSUANT TO THIS SECTION MAY BE
TAKEN, CONSISTENT WITH THE OTHER PROVISIONS OF THIS SECTION, BY A
MAJORITY VOTE OF THE MEMBERS OF THE BOARD.
Sec. 5555.43. The board of county commissioners, UNLESS ACTING
PURSUANT TO SECTION 5555.022 OF THE REVISED CODE,
or THE joint board of county commissioners, upon a unanimous vote,
may ORDER, without a petition therefor, order that
all the compensation, damages, and expenses of A COUNTY'S
COSTS FOR constructing any improvement be paid out of the proceeds
of any tax levies for road purposes on the grand duplicate of the
county, or out of any road improvement fund available therefor;
FOR THE PAYMENT OF THOSE COSTS, or the board of county
commissioners or joint board thereof may enter, BY A
SIMILAR VOTE AND WITHOUT A PETITION, into an agreement with
the boards of township trustees of the townships in which said
THE improvement is situated in whole or in part, whereby THE
ENTIRE COST OF THE IMPROVEMENT IS PAID BY the county and
townships, or one or more of them, may pay such IN THE
AGREED UPON proportion or amount of the damages and expenses as
is agreed upon between them COST.
Sec. 5555.46. All assessments, with interest accrued on them,
made under sections 5555.01 to 5555.72 of the Revised Code shall
be placed by the county auditor upon a special duplicate to be
collected as other taxes, and the principal OF THE
ASSESSMENTS shall be payable in not more than forty semiannual
installments extending over a period of not more than twenty
years, as determined by the board of county commissioners. If any
assessment is twenty-five dollars or less, or if the unpaid
balance of any assessment is twenty-five dollars or less, it shall
be paid in full, and not in installments, at the time the first or
next installment would otherwise become due and payable.
If bonds PUBLIC OBLIGATIONS are issued OR INCURRED to
pay the compensation, damages, and expenses incident to
COSTS OF the improvement, the principal sum of the assessments
shall be payable in the A number of equal semiannual
installments that will provide a fund for the redemption of the bonds
PUBLIC OBLIGATIONS so issued OR INCURRED. The assessments shall
bear interest from the date of the issuance of the bonds
PUBLIC OBLIGATIONS and at the same rate OR RATES as the bonds
PUBLIC OBLIGATIONS, and the interest shall be collected in the
same manner as the principal of the assessments.
Sec. 5555.51. The board of county commissioners, in
anticipation of the collection of taxes, OR TAXES and
assessments, for a road improvement, or any part thereof,
OF A ROAD IMPROVEMENT may issue and sell bonds, OR
INCUR, PUBLIC OBLIGATIONS of the county under Chapter 133. of the
Revised Code in any amount not greater than the aggregate sum
necessary to pay the estimated compensation, damages, and
expenses of such COSTS OF THE improvement. The making of the
ANY special assessments referred to in sections 5555.41 to 5555.50
of the Revised Code shall not be a condition precedent to the
issuance OR INCURRENCE of bonds PUBLIC OBLIGATIONS under
this section, and such THE special assessments may be made
either before or after the issuance OR INCURRENCE of such bonds
THE PUBLIC OBLIGATIONS.
Sec. 5571.15. The (A) EXCEPT AS PROVIDED IN
DIVISION (B) OF THIS SECTION, THE board of township
trustees may, without the presentation of a petition, MAY
take the necessary steps to construct, reconstruct, resurface, or
improve a public road or part thereof, upon the passage of a
resolution, by unanimous vote, declaring the
necessity therefor FOR THE CONSTRUCTION, RECONSTRUCTION,
RESURFACING, OR IMPROVEMENT. The cost thereof may be paid by any
of the methods provided in section 5573.07 of the Revised Code, as
determined by the board in such THE resolution.
(B) IF THE PRIMARY REASON FOR THE RECONSTRUCTION,
RESURFACING, OR IMPROVEMENT OF A PUBLIC ROAD OR PART THEREOF IS TO
IMPROVE THE DRAINAGE OF WATER FROM THE SURFACE OF THE ROAD, AS
DECLARED BY THE RESOLUTION, AND THERE IS NO PRESENTATION OF A
PETITION, THE BOARD MAY PROCEED UPON THE PASSAGE OF THE RESOLUTION
BY MAJORITY VOTE. THE COST IN SUCH CASE MAY BE PAID BY EITHER OF
THE METHODS PROVIDED IN DIVISION (B) OF SECTION 5573.07 of
the Revised Code.
Sec. 5573.07. The compensation, damages, and costs of township
road improvements shall be apportioned and paid in any of the
following methods, as set forth in the petition:
(A) Any part thereof shall be assessed against:
(1) The real estate abutting upon said improvement;
(2) The real estate situated within one-half mile of either
side thereof;
(3) The real estate situated within one mile of either side
thereof, according to the benefits accruing to such real estate;
(B) Any balance shall be paid:
(1) From the proceeds of any levy for road purposes upon the
grand duplicate of all the taxable property in the township;
(2) From any funds in the township treasury available therefor.
When the board of township trustees acts by unanimous vote,
without the filing of a petition, AS PERMITTED BY DIVISION (A)
OF SECTION 5571.15 of the Revised Code, the
board shall set forth in its resolution, declaring THAT
DECLARES the necessity for the improvement, the method of
apportioning and paying the compensation, damages, and costs of
the improvement, which may be any one of the methods provided in
this section.
WHEN THE BOARD ACTS BY MAJORITY VOTE AS PERMITTED BY DIVISION (B)
OF SECTION 5571.15 of the Revised Code, THE BOARD
SHALL SET FORTH IN ITS RESOLUTION THE METHOD OF PAYING THE
COMPENSATION, DAMAGES, AND COSTS OF THE IMPROVEMENT, WHICH MAY BE
BY EITHER OF THE METHODS PROVIDED IN DIVISION (B) OF THIS
SECTION.
Sec. 6103.01. As used in sections 6103.02 to 6103.30,
inclusive, of the Revised Code, "public THIS CHAPTER:
(A) "PUBLIC water supply FACILITIES,"
"WATER SUPPLY FACILITIES," "WATER SUPPLY
IMPROVEMENT," OR "IMPROVEMENT" means,
WITHOUT LIMITING THE GENERALITY OF THOSE TERMS, WATER wells AND
WELL FIELDS, springs, LAKES, RIVERS, streams, or other
sources of water supply, INTAKES, pumping STATIONS AND
equipment, treatment, FILTRATION, or purification
plants, distributing FORCE AND DISTRIBUTION LINES OR mains,
cisterns, reservoirs, STORAGE FACILITIES, necessary
equipment for fire protection, other RELATED STRUCTURES,
equipment, AND FURNISHINGS, and lands, rights of way,
and easements REAL ESTATE AND INTERESTS IN REAL ESTATE,
necessary for OR USEFUL IN the proper development OF A
WATER SUPPLY FOR DOMESTIC OR OTHER PURPOSES and ITS PROPER
distribution of the supply.
(B) "CURRENT OPERATING EXPENSES," "DEBT
CHARGES," "PERMANENT IMPROVEMENT," "PUBLIC
OBLIGATIONS," AND "SUBDIVISION" HAVE THE SAME
MEANINGS AS IN SECTION 133.01 OF THE REVISED CODE.
(C) "CONSTRUCT," "CONSTRUCTION," OR
"CONSTRUCTING" MEANS CONSTRUCTION, RECONSTRUCTION,
ENLARGEMENT, EXTENSION, IMPROVEMENT, RENOVATION, REPAIR, AND
REPLACEMENT OF WATER SUPPLY FACILITIES BUT DOES NOT INCLUDE
REPAIRS, REPLACEMENTS, OR SIMILAR ACTIONS THAT DO NOT CONSTITUTE
AND QUALIFY AS PERMANENT IMPROVEMENTS.
(D) "MAINTAIN," "MAINTAINING," OR
"MAINTENANCE" MEANS REPAIRS, REPLACEMENTS, AND SIMILAR
ACTIONS THAT CONSTITUTE AND ARE PAYABLE AS CURRENT OPERATING
EXPENSES AND THAT ARE REQUIRED TO RESTORE WATER SUPPLY FACILITIES
TO, OR TO CONTINUE WATER SUPPLY FACILITIES IN, GOOD ORDER AND
WORKING CONDITION BUT DOES NOT INCLUDE CONSTRUCTION OF PERMANENT
IMPROVEMENTS.
(E) "PUBLIC AGENCY" MEANS A STATE AND ANY
AGENCY OR SUBDIVISION OF A STATE, INCLUDING A COUNTY, A MUNICIPAL
CORPORATION, OR OTHER SUBDIVISION.
(F) "COUNTY SANITARY ENGINEER" MEANS EITHER OF
THE FOLLOWING:
(1) THE REGISTERED PROFESSIONAL ENGINEER EMPLOYED OR APPOINTED
BY THE BOARD OF COUNTY COMMISSIONERS TO BE THE COUNTY SANITARY
ENGINEER AS PROVIDED IN SECTION 6117.01 OF THE REVISED CODE;
(2) THE COUNTY ENGINEER, IF, FOR AS LONG AS AND TO THE EXTENT
THAT ENGINEER BY AGREEMENT ENTERED INTO UNDER SECTION 315.14 OF
THE REVISED CODE IS RETAINED TO DISCHARGE THE DUTIES
OF A COUNTY SANITARY ENGINEER UNDER THIS CHAPTER.
Sec. 6103.02. (A) For the purpose of preserving and promoting
the public health and welfare, and providing fire protection,
any A board of county commissioners may by resolution
acquire, construct, maintain, and operate any public water supply or
water-works system FACILITIES within its county for any
ONE OR MORE sewer district, DISTRICTS and may provide for the
THEIR protection thereof and prevent the THEIR
pollution and unnecessary waste thereof. THE BOARD
MAY NEGOTIATE AND ENTER INTO A CONTRACT WITH ANY PUBLIC AGENCY OR
ANY PERSON FOR THE MANAGEMENT, MAINTENANCE, OPERATION, AND REPAIR
OF THE FACILITIES ON BEHALF OF THE COUNTY, UPON THE TERMS AND
CONDITIONS AS MAY BE AGREED UPON WITH THE AGENCY OR PERSON AND AS
MAY BE DETERMINED BY THE BOARD TO BE IN THE INTERESTS OF THE
COUNTY. By contract with any municipal corporation, PUBLIC
AGENCY or any person, firm, or private corporation furnishing a
OPERATING public water supply FACILITIES within or without its
county, the board ALSO may provide such A supply of water
to such A SEWER district from the waterworks
FACILITIES of such municipal corporation, THE PUBLIC AGENCY
OR person, firm, or private corporation. The
(B) THE COUNTY sanitary engineer, or sanitary
engineering department, of such county, in addition to
other ASSIGNED duties assigned to such sanitary engineer or
department, shall assist the board in the performance of its
duties under sections 6103.02 to 6103.30 of the Revised Code,
THIS CHAPTER and shall be charged with such other duties
and services in relation thereto TO THE BOARD'S DUTIES as
the board prescribes. The
(C) THE board may adopt, publish, administer, and
enforce rules for the construction, maintenance, protection, and
use of COUNTY-OWNED OR COUNTY-OPERATED public water supplies in
the county SUPPLY FACILITIES outside of municipal
corporations, and of public water supplies SUPPLY
FACILITIES within municipal corporations in its county wherever
such water supplies THAT are constructed OWNED or
operated by such board THE COUNTY or THAT are supplied with
water from water supplies constructed SUPPLY FACILITIES
OWNED or operated by such board THE COUNTY, including,
BUT NOT LIMITED TO, RULES FOR the establishment AND USE of ANY
connections, THE TERMINATION IN ACCORDANCE WITH REASONABLE
PROCEDURES OF WATER SERVICE FOR NONPAYMENT OF COUNTY WATER RATES
AND CHARGES, AND THE ESTABLISHMENT AND USE OF SECURITY DEPOSITS TO
THE EXTENT CONSIDERED NECESSARY TO ENSURE THE PAYMENT OF COUNTY
WATER RATES AND CHARGES. Such THE rules shall not be
inconsistent with the laws of the state or the ANY
APPLICABLE rules of the DIRECTOR OF environmental protection agency.
No
(D) NO public water supplies or water pipes or mains
SUPPLY FACILITIES shall be constructed in any county outside of
municipal corporations by any person, firm, or corporation,
except for the purpose of supplying water to such THOSE
municipal corporations, until the plans and specifications for the
same FACILITIES have been approved by the board. Any
such construction CONSTRUCTION shall be done under the
supervision of the COUNTY sanitary engineer. Any person, firm,
or corporation proposing or constructing such improvements
PUBLIC WATER SUPPLY FACILITIES shall pay to the county all expense
EXPENSES incurred by the board in connection therewith WITH
THE CONSTRUCTION. The
(E) THE COUNTY sanitary engineer OR THE COUNTY SANITARY
ENGINEER'S AUTHORIZED ASSISTANTS OR AGENTS, WHEN PROPERLY
IDENTIFIED IN WRITING OR OTHERWISE AND AFTER WRITTEN NOTICE IS
DELIVERED TO THE OWNER AT LEAST FIVE DAYS IN ADVANCE OR MAILED AT
LEAST FIVE DAYS IN ADVANCE BY FIRST CLASS OR CERTIFIED MAIL TO THE
OWNER'S TAX MAILING ADDRESS, may enter upon any public or
private property for the purpose of making, AND MAY MAKE,
surveys and examinations OR INSPECTIONS necessary for the
design or examination EVALUATION of COUNTY public water supplies,
and may make such surveys and examinations SUPPLY FACILITIES.
THIS ENTRY IS NOT A TRESPASS AND IS NOT TO BE CONSIDERED AN ENTRY
IN CONNECTION WITH ANY APPROPRIATION OF PROPERTY PROCEEDINGS UNDER
SECTIONS 163.01 TO 163.22 OF THE REVISED CODE THAT
MAY BE PENDING. No person, firm, or corporation
PUBLIC AGENCY shall forbid or interfere with the COUNTY
sanitary engineer or his THE COUNTY SANITARY ENGINEER'S
authorized assistants entering OR AGENTS TO ENTER, OR
INTERFERE WITH THEIR ENTRY, upon such THE property
for such THE purpose, or OF making such THE
surveys or examinations INSPECTIONS. If actual damage is
done to property by the making of such THE surveys and
examinations OR INSPECTIONS, the board shall pay the
reasonable value of such THE damage to the PROPERTY owner of
the property damaged, and such THE cost shall be
included in the assessment upon the property benefited by the
improvement for which such surveys and examinations are made
THE COST OF THE FACILITIES AND MAY BE INCLUDED IN ANY SPECIAL
ASSESSMENTS LEVIED AND COLLECTED TO PAY THAT COST.
(F) The board shall fix reasonable rates to be
charged, INCLUDING PENALTIES FOR LATE PAYMENTS,
for water supplied TO PUBLIC AGENCIES AND PERSONS when the source
of supply or distributing pipes THE FACILITIES FOR ITS
DISTRIBUTION are owned or operated by the county, which rates
shall be at least sufficient to pay for all of the cost of
operation and maintenance of improvements for which the resolution
declaring the necessity thereof shall be passed after July 1, 1958
AND MAY CHANGE THE RATES FROM TIME TO TIME AS IT CONSIDERS
ADVISABLE. When the source of THE WATER supply TO BE USED BY THE
COUNTY is owned by a municipal corporation ANOTHER PUBLIC
AGENCY or any person, firm, or private corporation,
the schedule of rates to be charged by such municipal
corporation, THE PUBLIC AGENCY OR person, firm, or private
corporation shall be ratified APPROVED by the board at
the time any IT ENTERS INTO A contract is entered into
for the use of water from such municipal corporation, THE
PUBLIC AGENCY OR person, firm, or private corporation. When
the distributing pipes DISTRIBUTION FACILITIES are owned by
the county, the board shall ALSO MAY fix a
reasonable tap-in charge and no CHARGES TO BE COLLECTED FOR
THE PRIVILEGE OF CONNECTING TO THE DISTRIBUTION FACILITIES AND MAY
REQUIRE THAT, PRIOR TO THE CONNECTION, THE CHARGES BE PAID IN FULL
OR, IF DETERMINED BY THE BOARD TO BE EQUITABLE IN A RESOLUTION
RELATING TO THE PAYMENT OF THE CHARGES, MAY REQUIRE THEIR PAYMENT
IN INSTALLMENTS, AS CONSIDERED ADEQUATE BY THE BOARD, AT THE
TIMES, IN THE AMOUNTS, AND WITH THE SECURITY, CARRYING CHARGES,
AND PENALTIES AS MAY BE DETERMINED BY THE BOARD IN THAT RESOLUTION
TO BE FAIR AND APPROPRIATE. NO PUBLIC AGENCY OR person shall be
permitted to tap into such distributing pipes CONNECT TO
THOSE FACILITIES until such charge has THE CHARGES HAVE
been paid in full OR PROVISION FOR THEIR PAYMENT IN INSTALLMENTS
HAS BEEN MADE. When IF THE CONNECTION CHARGES ARE TO BE
PAID IN INSTALLMENTS, THE BOARD SHALL CERTIFY, TO THE COUNTY
AUDITOR, INFORMATION SUFFICIENT TO IDENTIFY EACH PARCEL OF
PROPERTY SERVED BY A CONNECTION AND, WITH RESPECT TO EACH PARCEL,
THE TOTAL OF THE CHARGES TO BE PAID IN INSTALLMENTS, THE AMOUNT OF
EACH INSTALLMENT, AND THE TOTAL NUMBER OF INSTALLMENTS TO BE PAID.
THE COUNTY AUDITOR SHALL RECORD AND MAINTAIN THE INFORMATION SO
SUPPLIED IN THE WATERWORKS RECORD PROVIDED FOR IN SECTION 6103.16
OF THE REVISED CODE UNTIL THE CONNECTION CHARGES ARE
PAID IN FULL. THE BOARD MAY INCLUDE AMOUNTS ATTRIBUTABLE TO
CONNECTION CHARGES BEING PAID IN INSTALLMENTS IN ITS BILLINGS OF
RATES AND OTHER CHARGES FOR WATER SUPPLIED.
(G) WHEN any rents RATES or charges are not paid
when due, the board may do either ANY or both ALL of
the following:
(1) Certify them THE UNPAID RATES OR CHARGES, together
with any penalties, to the county auditor. The county auditor
shall place the certified amount upon the real property tax list
and duplicate against the property served by the connection if
he also receives from the board additional certification that the
unpaid rents or charges have arisen pursuant to a service contract
made directly with an owner who occupies the property served.
THE CERTIFIED
The amount placed on the tax list and duplicate
shall be a lien on the property from the date placed on the REAL
PROPERTY TAX list and duplicate and shall be collected in the same
manner as other taxes, except that, notwithstanding section
323.15 of the Revised Code, a county treasurer shall accept a
payment in such THAT amount when separately tendered as
payment for the full amount of such THE unpaid water
rents RATES or charges and associated penalties. The lien
shall be released immediately upon payment in full of the
certified amount. All money collected as rents or tap-in
charges or for water-works purposes in any district shall be paid
to the county treasurer and kept in a separate and distinct fund
to the credit of such district.
(2) Collect them THE UNPAID RATES OR CHARGES, TOGETHER
WITH ANY PENALTIES, by actions at law in the name of the
county from an owner, tenant, or other person who OR PUBLIC
AGENCY THAT is liable to pay FOR the rents PAYMENT
OF THE RATES or charges;
(3) TERMINATE, IN ACCORDANCE WITH ESTABLISHED RULES, THE WATER
SERVICE TO THE PARTICULAR PROPERTY UNLESS AND UNTIL THE UNPAID
RATES OR CHARGES, TOGETHER WITH ANY PENALTIES, ARE PAID IN FULL;
(4) APPLY, TO THE EXTENT REQUIRED, ANY SECURITY DEPOSIT MADE IN
ACCORDANCE WITH ESTABLISHED RULES TO THE PAYMENT OF THE UNPAID
RATES AND CHARGES, TOGETHER WITH ANY PENALTIES, FOR WATER SERVICE
TO THE PARTICULAR PROPERTY.
ALL MONEYS COLLECTED AS RATES, CHARGES, OR PENALTIES FIXED OR
ESTABLISHED IN ACCORDANCE WITH DIVISION (F) OF THIS SECTION
FOR WATER SUPPLY PURPOSES IN OR FOR ANY SEWER DISTRICT SHALL BE
PAID TO THE COUNTY TREASURER AND KEPT IN A SEPARATE AND DISTINCT
WATER FUND ESTABLISHED BY THE BOARD TO THE CREDIT OF THE DISTRICT.
Each board that assesses FIXES water rents RATES
or charges MAY RENDER ESTIMATED BILLS PERIODICALLY, PROVIDED THAT
AT LEAST QUARTERLY IT shall determine the actual amount of
rents due based upon SCHEDULE an actual reading of each
customer's meter at least once in each three-month period, and
at least quarterly the board shall SO AS TO render a bill for
the actual amount shown by the meter reading to be due, WITH
CREDIT FOR PRIOR PAYMENTS OF ANY ESTIMATED BILLS SUBMITTED FOR ANY
PART OF THE BILLING PERIOD, except THAT estimated bills may
be rendered if access to a customer's meter was
unobtainable IS NOT ACCESSIBLE for a timely reading OR IF THE
CIRCUMSTANCES PRECLUDE A SCHEDULED READING. Each board that
assesses water rents or charges ALSO shall establish
procedures providing A fair and reasonable opportunity for THE
resolution of billing disputes.
When property to which water service is provided is about to be
sold, any party to the sale or his AN agent OF A PARTY may
request the board to read HAVE the meter at that property
READ and to render, within ten days following the date on
which the request is made, a final bill for all outstanding rents
RATES and charges for water service. Such a THE request
shall be made at least fourteen days prior to the transfer of the
title of such THE property.
At any time prior to a certification under division (A)(G)(1)
of this section, the board shall accept any partial payment of
unpaid water rents RATES or charges, in the amount
of ten dollars or more.
Except as otherwise provided in any resolution
PROCEEDINGS authorizing or providing for the security FOR and
payment of any bonds outstanding on July 1, 1958 or thereafter
issued PUBLIC OBLIGATIONS, or in any indenture or trust OR
OTHER agreement securing such bonds PUBLIC OBLIGATIONS, such
MONEYS IN THE WATER fund shall be applied first to the conduct,
PAYMENT OF THE COST OF THE management, MAINTENANCE, and
operation of such THE water supply or water-works system
FACILITIES OF, OR USED OR OPERATED FOR, THE SEWER DISTRICT, which
COST may include THE COUNTY'S SHARE OF MANAGEMENT, MAINTENANCE,
AND OPERATION COSTS UNDER COOPERATIVE CONTRACTS FOR THE
ACQUISITION, CONSTRUCTION, OR USE OF WATER SUPPLY FACILITIES AND,
in accordance with a cost allocation plan adopted under division (B)(H)
of this section, payment of all allowable direct and indirect
costs of the water supply or water-works system DISTRICT,
the COUNTY sanitary engineer or sanitary engineering department,
or a federal or state grant program, incurred for the purposes of
this chapter;, and shall be applied second to the
payment of interest or principal of any loan, indebtedness or
liability DEBT CHARGES PAYABLE ON ANY OUTSTANDING PUBLIC
OBLIGATIONS ISSUED OR incurred in connection therewith, or
for the creation ACQUISITION OR CONSTRUCTION OF WATER
SUPPLY FACILITIES FOR OR SERVING THE DISTRICT, OR FOR THE FUNDING
of a sinking BOND RETIREMENT OR OTHER fund ESTABLISHED for
the liquidation of any debt created in connection therewith
PAYMENT OF OR SECURITY FOR THE OBLIGATIONS. Any surplus thereafter
remaining may be applied to the enlargement, replacement, or
extension ACQUISITION OR CONSTRUCTION of such water supply
or water-works system, but in no case shall money so collected
THOSE FACILITIES OR FOR THE PAYMENT OF CONTRIBUTIONS TO BE MADE,
OR COSTS INCURRED, FOR THE ACQUISITION OR CONSTRUCTION OF THOSE
FACILITIES UNDER COOPERATIVE CONTRACTS. MONEYS IN THE WATER FUND
SHALL NOT be expended otherwise OTHER than for the use and
benefit of such THE district. No provision of this
section shall limit or restrict the power and discretion of the
board to determine how much of the cost of such improvements shall
be borne by the county at large and how much shall be specially
assessed upon benefited properties, nor the power to issue notes
and bonds for the share to be borne by the county and in
anticipation of the levy or collection of special assessments for
the share to be specially assessed, nor the power of the board to
levy special assessments upon benefited properties for operation
and maintenance whenever the rents and other funds available are
not sufficient to pay all the cost thereof.
(B)(H) A board of county commissioners may adopt
a cost allocation plan that identifies, accumulates, and
distributes allowable direct and indirect costs that may be paid
from the WATER fund of the water supply or water-works system
SEWER DISTRICT created in PURSUANT TO division (A)(G)
of this section, and THAT prescribes methods for allocating
those costs. The plan shall authorize payment from the fund for
OF only those costs incurred by the district, the COUNTY sanitary
engineer or sanitary engineering department, or a federal or state
grant program, and those costs incurred by the general and other
funds of the county for a common or joint purpose, that are
necessary and reasonable for the proper and efficient
administration of the water supply or water-works system
DISTRICT under this chapter. The plan shall not authorize payment
from the fund of any general government expense required to carry
out the overall governmental responsibilities of a county. The
plan shall conform to United States office of management and
budget Circular A-87, "Cost Principles for State and,
Local, AND INDIAN TRIBAL Governments,"
published January 15 MAY 17, 1983 1995.
Sec. 6103.03. The authority of the A board of county
commissioners to provide ACQUIRE, CONSTRUCT, MAINTAIN, AND
OPERATE water supply improvements and to maintain and operate
the same within FACILITIES FOR A COUNTY sewer districts
which include a part or all of the DISTRICT IN territory within
one or more OF A municipal corporations shall be
CORPORATION, OR A REGIONAL DISTRICT ESTABLISHED UNDER CHAPTER
6119. OF THE REVISED CODE, THAT IS IN WHOLE OR IN
PART WITHIN THE COUNTY SEWER DISTRICT IS the same as provided by
law WITH RESPECT TO TERRITORY within districts A COUNTY
SEWER DISTRICT THAT IS wholly outside of A municipal
corporation, including the levying of assessments. Such
authority shall be limited to main works only, and shall not
include construction and maintenance of lateral water mains for
local service OR A REGIONAL DISTRICT, SUBJECT TO THE FOLLOWING
IN THE CASE OF FACILITIES within such A municipal
corporation. The plans, specifications, and estimated cost for
any improvement within the corporate limits of such municipal
corporation:
(A) THE ACQUISITION, CONSTRUCTION, MAINTENANCE, AND
OPERATION OF THE FACILITIES shall FIRST be approved
AUTHORIZED by AN ORDINANCE OR RESOLUTION OF the legislative
authority of such THE municipal corporation prior to the
letting of any contract for the construction thereof. All
(B) ALL road surfaces, curbs, sidewalks, sewers, water pipes
SUPPLY FACILITIES, or other public IMPROVEMENTS OR property THAT
MAY BE disturbed or damaged by such THE construction OF THE
FACILITIES shall be REPLACED OR restored to their original
condition within a reasonable time by the board COUNTY,
and the cost thereof shall be TREATED AS a part of the cost
of such improvement. After such main works are constructed,
such municipal corporations may use the same as a supply for
branch and lateral water mains, for the service and use only of
that part of such THE FACILITIES.
(C) THE municipal corporation as lies within the area
assessed or to be assessed for the cost of such main works,
subject to such, WITH PRIOR APPROVAL OF OR BY AGREEMENT
WITH THE BOARD, MAY MAKE USE OF THE FACILITIES IN ACCORDANCE WITH
rules and regulations as are established by the board and
subject to all ANY APPLICABLE requirements of the director
of environmental protection.
At any time after a district is established comprising or
including a part or all of the territory within any municipal
corporation, the legislative authority of such municipal
corporation may by ordinance or resolution authorize the board to
proceed with the construction or the maintenance, repair, and
operation of any water improvement for local service within such
municipal corporation. After such authority has been granted, the
board may proceed with the construction or the maintenance,
repair, and operation of said improvement in the same manner as
provided by law for improvements in districts wholly outside of
municipal corporations, under the same restrictions as provided in
this section for main works.
Sec. 6103.04. (A) Whenever any portion of a COUNTY sewer
district is incorporated as a municipal corporation,
or annexed to, a municipal corporation, the area so
incorporated or annexed shall remain under the jurisdiction of the
board of county commissioners for water-works purposes OF
THE ACQUISITION AND CONSTRUCTION OF WATER SUPPLY IMPROVEMENTS
until any water supply or water-works ALL OF THE
improvements for said THE area for which detailed plans
have been prepared and the resolutions declaring the necessity
thereof A RESOLUTION DESCRIBED IN DIVISION (A) OR (E)
OF SECTION 6103.05 OF THE REVISED CODE has been
adopted by the board have been ACQUIRED OR completed or until said
THE board has abandoned such projects THE IMPROVEMENTS. Such
THE BOARD, UNLESS AND UNTIL A CONVEYANCE IS MADE TO A MUNICIPAL
CORPORATION IN ACCORDANCE WITH DIVISION (B) OF THIS
SECTION, SHALL CONTINUE TO HAVE JURISDICTION IN THE AREA SO
INCORPORATED OR ANNEXED WITH RESPECT TO THE MANAGEMENT,
MAINTENANCE, AND OPERATION OF ALL WATER SUPPLY IMPROVEMENTS SO
ACQUIRED OR COMPLETED, OR PREVIOUSLY ACQUIRED OR COMPLETED,
INCLUDING THE RIGHT TO ESTABLISH RULES AND RATES AND CHARGES FOR
THE USE OF, AND CONNECTIONS TO, THE IMPROVEMENTS. THE
incorporation or annexation of any part of a district shall not interfere
with or render illegal AFFECT THE LEGALITY OR ENFORCEABILITY
OF any issue of bonds or certificate of indebtedness made
PUBLIC OBLIGATIONS ISSUED OR INCURRED by the board in
accordance with sections 6103.02 to 6103.30, inclusive, of the
Revised Code, COUNTY FOR PURPOSES OF THIS CHAPTER to provide
FOR THE payment for OF the cost of ACQUISITION,
construction and, maintenance, OR OPERATION
of any water SUPPLY improvements within such THE area, or with
THE VALIDITY OF any assessments levied or to be levied upon the
property PROPERTIES within such THE area to provide for
the payment of the cost of ACQUISITION, construction and,
maintenance, OR OPERATION OF THE IMPROVEMENTS.
(B) ANY COMPLETED WATER SUPPLY FACILITIES ACQUIRED OR
CONSTRUCTED BY A COUNTY UNDER THIS CHAPTER FOR THE USE OF ANY
COUNTY SEWER DISTRICT, OR ANY PART OF THOSE FACILITIES, THAT ARE
LOCATED WITHIN A MUNICIPAL CORPORATION OR WITHIN ANY AREA THAT IS
INCORPORATED AS, OR ANNEXED TO, A MUNICIPAL CORPORATION, OR ANY
PART OF THE FACILITIES THAT PROVIDE WATER FOR A MUNICIPAL
CORPORATION OR SUCH AN AREA, MAY BE CONVEYED, BY MUTUAL AGREEMENT
BETWEEN THE BOARD AND THE MUNICIPAL CORPORATION, TO THE MUNICIPAL
CORPORATION ON TERMS AND FOR CONSIDERATION AS MAY BE NEGOTIATED.
UPON AND AFTER THE CONVEYANCE, THE MUNICIPAL CORPORATION SHALL
MANAGE, MAINTAIN, AND OPERATE THE FACILITIES IN ACCORDANCE WITH
THE AGREEMENT. THE BOARD MAY RETAIN THE RIGHT TO JOINT USE OF ALL
OR PART OF ANY FACILITIES SO CONVEYED FOR THE BENEFIT OF THE
DISTRICT. NEITHER THE VALIDITY OF ANY ASSESSMENT LEVIED OR TO BE
LEVIED, NOR THE LEGALITY OR ENFORCEABILITY OF ANY PUBLIC
OBLIGATIONS ISSUED OR INCURRED, TO PROVIDE FOR THE PAYMENT OF THE
COST OF THE ACQUISITION, CONSTRUCTION, MAINTENANCE, OR OPERATION
OF THE FACILITIES OR ANY PART OF THEM SHALL BE AFFECTED BY THE
CONVEYANCE.
Sec. 6103.05. (A) After the establishment of any COUNTY sewer
district, the board of county commissioners, IF A
WATER SUPPLY IMPROVEMENT IS TO BE UNDERTAKEN, may have prepared
by the county sanitary engineer PREPARE, OR OTHERWISE CAUSE TO
BE PREPARED, FOR THE DISTRICT, OR REVISE AS NEEDED, a
general plan of water supply and water works for such district
THAT IS as complete as can be made DEVELOPED at that
THE time. After such THE general plan, IN ORIGINAL
OR REVISED FORM, has been approved by the board, IT MAY
ADOPT A RESOLUTION GENERALLY DESCRIBING THE WATER SUPPLY
IMPROVEMENT THAT IS NECESSARY TO BE ACQUIRED OR CONSTRUCTED IN
ACCORDANCE WITH THE PLAN, DECLARING THAT THE IMPROVEMENT IS
NECESSARY FOR THE PRESERVATION AND PROMOTION OF THE PUBLIC HEALTH
AND WELFARE, AND DETERMINING WHETHER OR NOT SPECIAL ASSESSMENTS
ARE TO BE LEVIED AND COLLECTED TO PAY ANY PART OF THE COST OF THE
IMPROVEMENT.
(B) IF SPECIAL ASSESSMENTS ARE NOT TO BE LEVIED AND
COLLECTED TO PAY ANY PART OF THE COST OF THE IMPROVEMENT, THE
BOARD, IN THE RESOLUTION PROVIDED FOR IN DIVISION (A) OF
THIS SECTION OR IN A SUBSEQUENT RESOLUTION, INCLUDING A RESOLUTION
AUTHORIZING THE ISSUANCE OR INCURRENCE OF PUBLIC OBLIGATIONS FOR
THE IMPROVEMENT, MAY AUTHORIZE THE IMPROVEMENT AND THE EXPENDITURE
OF THE FUNDS REQUIRED FOR ITS ACQUISITION OR CONSTRUCTION AND MAY
PROCEED WITH THE IMPROVEMENT WITHOUT REGARD TO THE PROCEDURES
OTHERWISE REQUIRED BY DIVISIONS (C), (D), AND (E)
OF THIS SECTION AND BY SECTIONS 6103.06, 6103.07, AND 6117.09 TO
6117.24 OF THE REVISED CODE. THOSE PROCEDURES SHALL
BE REQUIRED ONLY FOR IMPROVEMENTS FOR WHICH SPECIAL ASSESSMENTS
ARE TO BE LEVIED AND COLLECTED.
(C) IF SPECIAL ASSESSMENTS ARE TO BE LEVIED AND
COLLECTED PURSUANT TO A DETERMINATION MADE IN THE RESOLUTION
PROVIDED FOR IN DIVISION (A) OF THIS SECTION OR IN A
SUBSEQUENT RESOLUTION, THE PROCEDURES REFERRED TO IN DIVISION (B)
OF THIS SECTION AS BEING REQUIRED FOR THAT PURPOSE SHALL APPLY,
AND THE BOARD MAY HAVE the COUNTY sanitary engineer shall
prepare, OR OTHERWISE CAUSE TO BE PREPARED, detailed
plans, specifications, and estimates AN ESTIMATE of cost of
such part of FOR the improvement as it is necessary to then
construct, together with a tentative assessment of the cost
based on such THE estimate. Such THE tentative
assessment shall be for the information of property owners,
and shall not be LEVIED OR certified to the county auditor for
collection. Such THE detailed plans, specifications, estimates
ESTIMATE of cost, and tentative assessment, as so prepared by
the sanitary engineer and IF approved by the board, shall be
carefully preserved in the office of the board or the COUNTY
sanitary engineer and shall be open to THE inspection of all
persons interested in such improvements THE IMPROVEMENT.
(B)(D) After THE BOARD'S approval of the detailed
plans, specifications, estimates ESTIMATE of cost, and
tentative assessment, and at least twenty-four days before
adopting a resolution as required by PURSUANT TO division (C)(E)
of this section, the board, EXCEPT TO THE EXTENT THAT
APPROPRIATE WAIVERS OF NOTICE ARE OBTAINED FROM AFFECTED OWNERS,
shall send CAUSE TO BE SENT a notice of its intent to consider
or adopt a resolution to each owner of property PROPOSED TO BE
ASSESSED that is listed on the records of the county auditor for
current agricultural use value taxation pursuant to section
5713.31 of the Revised Code and that is not located in an
agricultural district established under section 929.02 of the
Revised Code. The notice shall SATISFY ALL OF THE FOLLOWING:
(1) Be sent by first class or certified mail;
(2) Specify the proposed date of the adoption of the
resolution;
(3) Contain a statement that the project IMPROVEMENT
will be financed in whole or in part by special assessments and
that all owners of property PROPERTIES not located in an
agricultural district established pursuant to section 929.02 of
the Revised Code may be subject to a special assessment; and
(4) Contain a statement that an agricultural district may be
established by filing an application with the county auditor.
If it appears, by the return of the mailed notices or by
other means, that one or more of the AFFECTED owners of
property cannot be found or are not served by the mailed
notice, the board shall publish CAUSE the notice TO BE
PUBLISHED ONCE in a newspaper of general circulation within
IN the county not later than ten days before the adoption of the
resolution.
(C)(E) After complying with divisions (A),
(C), and (B)(D) of this section, the board shall
MAY adopt a resolution declaring that such THE improvement,
describing the same WHICH SHALL BE DESCRIBED AS TO ITS
NATURE and ITS location, route, and termini thereof, is
necessary for the preservation and promotion of THE public health
and welfare and to provide fire protection, referring to
the plans, specifications, estimates ESTIMATE of cost, and
tentative assessment, stating the place where they are on file and
may be examined, what part of AND PROVIDING THAT the ENTIRE
cost OR A LESSER DESIGNATED PART OF THE COST will be paid by
the county at large, and what part will be specially assessed
against the benefited property PROPERTIES within the
district AND THAT ANY BALANCE WILL BE PAID BY THE COUNTY AT LARGE
FROM OTHER AVAILABLE FUNDS. Such THE resolution shall
also SHALL contain a description of the boundaries of that part of
the district to be assessed, and may include the
estimated cost of maintaining the improvement for one year. The
resolution shall designate a time and place, to be fixed by
the board, when and where FOR objections to the improvement,
to the tentative assessment, or to the boundaries of the
assessment district will TO be heard by the board. The date
of such THAT hearing shall be not less than twenty-four
days after the date of the first publication of the notice of THE
hearing required by this section DIVISION.
The board shall cause a notice of the hearing to be published
once a week for two consecutive weeks in a newspaper of general
circulation within IN the county, and on or before the date
of the second publication, it shall send CAUSE TO BE
SENT by ordinary first class or certified mail a copy of
the notice to every owner of property to be assessed for such
THE improvement whose address is known.
The notice shall set forth the time and place of the hearing, a
summary description of the proposed improvement, including its
general route and termini, a summary description of the area to
be assessed CONSTITUTING THE ASSESSMENT DISTRICT, and the
place where the plans, specifications, estimates ESTIMATE
of cost, and tentative assessments ASSESSMENT are on file
and may be examined. The EACH MAILED notice shall
also SHALL include a statement that the property of the addressee
will be assessed for such THE improvement. Notice of
such hearing THE NOTICE ALSO shall be mailed SENT BY
FIRST CLASS OR CERTIFIED MAIL, ON OR BEFORE THE DATE OF THE SECOND
PUBLICATION, to the clerk, OR THE OFFICIAL
DISCHARGING THE DUTIES OF A CLERK, of any municipal
corporation any part of which lies within the assessment district
AND SHALL STATE WHETHER OR NOT ANY PROPERTY BELONGING TO THE
MUNICIPAL CORPORATION IS TO BE ASSESSED AND, IF SO, SHALL IDENTIFY
THAT PROPERTY. A
AT THE hearing shall be granted by, OR AT ANY
ADJOURNMENT OF THE HEARING, OF WHICH NO FURTHER PUBLISHED OR
MAILED NOTICE NEED BE GIVEN, the board to SHALL HEAR
all parties interested at the time and place fixed by such
resolution and notice WHOSE PROPERTIES ARE PROPOSED TO BE
ASSESSED. Written objections to or indorsements
ENDORSEMENTS of the proposed improvement, the ITS character
and termini thereof, the boundaries of the assessment
district, or the tentative assessment shall be received by the
board for a period of five days after the COMPLETION OF THE
hearing, and no action shall be taken by the board in the matter
until after such THAT period has elapsed. The minutes of
the hearing shall be entered on the journal of the board showing
the persons who appear in person or by attorney, and all written
objections shall be preserved and filed in the office of the
board.
Sec. 6103.07. After the passage ADOPTION of the A
resolution to proceed with an improvement, as provided in
section 6103.06 of the Revised Code, no further action THE
CONSTRUCTION OF THE IMPROVEMENT shall be taken or work done in
connection therewith DEFERRED until ten days have elapsed. If,
at the expiration of such THAT period, no appeal has
been effected by any property owner, as provided in
sections 6117.09 to 6117.24, inclusive, of the Revised
Code, THE ACTION OF THE BOARD OF COUNTY COMMISSIONERS SHALL BE
FINAL, AND the board may PROCEED TO issue and sell bonds or
certificates of indebtedness INCUR PUBLIC OBLIGATIONS and
construct such THE improvement. If, at the end of
THAT ten days, any owner of property to be assessed or
taxed for the improvement has effected an appeal, then said
work THE CONSTRUCTION OF THE IMPROVEMENT shall not be proceeded
with DEFERRED until the matters appealed from have been
disposed of in court.
Sec. 6103.081. (A) After the establishment of any COUNTY
sewer district, the board of county commissioners may
determine by resolution that it is necessary to provide water
supply improvements and to maintain and operate the same
IMPROVEMENTS within the sewer district or a designated
portion thereof and OF THE DISTRICT, that such
water supply THE improvements, WHICH SHALL BE generally
described in such THE resolution, shall be constructed,
THAT FUNDS ARE REQUIRED TO PAY THE PRELIMINARY COSTS OF THE
IMPROVEMENTS TO BE INCURRED PRIOR TO THE COMMENCEMENT OF THE
PROCEEDINGS FOR THEIR CONSTRUCTION, AND THAT THOSE FUNDS SHALL BE
PROVIDED IN ACCORDANCE WITH THIS SECTION.
(B) Prior to the adoption of such THE resolution,
the board of county commissioners shall give notice of the
ITS pendency thereof and of the proposed determination of
the necessity of the improvements therein generally
described, which IN THE RESOLUTION. THE notice shall set
forth a description of the properties to be benefited by the
improvements and the time and place of A hearing of objections to
and endorsements of the improvements. Such THE notice shall
be given EITHER by publication in a newspaper of general
circulation IN THE COUNTY once a week for two consecutive weeks,
OR BY MAILING A COPY OF THE NOTICE BY FIRST CLASS OR CERTIFIED
MAIL TO THE OWNERS OF THE PROPERTIES PROPOSED TO BE ASSESSED AT
THEIR RESPECTIVE TAX MAILING ADDRESSES, OR BY BOTH MANNERS,
the first publication to be MADE OR THE MAILING TO OCCUR at least
two weeks prior to the date set for the hearing. At such
THE hearing, or at any adjournment thereof OF THE
HEARING, of which no further published OR MAILED notice need be
given, the board of county commissioners shall hear all
persons whose properties are proposed to be assessed, and such
THE evidence as is deemed IT CONSIDERS to be necessary,
and shall. THE BOARD then SHALL determine the necessity
of the proposed improvement, IMPROVEMENTS and in
addition shall determine whether such THE improvements
shall be made by the board of county commissioners and,
IF THEY ARE TO BE MADE, shall direct the preparation of
tentative assessments upon the benefited properties and by whom
they shall be prepared.
Thereupon in (C) IN order to obtain funds for the
preparation of a general OR REVISED GENERAL plan of water supply and
waterworks for such THE district or part thereof and
OF THE DISTRICT, FOR THE PREPARATION OF the detailed plans,
specifications, estimates ESTIMATE of cost, preparation
of the AND tentative assessment FOR THE PROPOSED IMPROVEMENTS,
and FOR the cost of financing and legal services incident to the
preparation of all of such THOSE plans and a plan of
financing the proposed improvement IMPROVEMENTS, the board of
county commissioners may levy upon the property
PROPERTIES to be benefited in such THE district a
preliminary assessment apportioned according to benefits or to tax
valuation or partly by one method and partly BY the other METHOD
as the board of county commissioners may determine. Such
THE assessments shall be in the amount determined to be necessary
to obtain funds for such THE general and detailed plans and
such costs THE COST of financing and legal services and
shall be payable in such THE number of years as THAT
the board of county commissioners shall determine, not to
exceed twenty years, together with interest on any notes and
bonds which PUBLIC OBLIGATIONS THAT may be issued OR INCURRED
in anticipation of the collection of such THE assessments.
(D) The board of county commissioners shall have
power at any time to levy additional assessments according to
benefits or to tax valuation or partly by one method and partly by
the other METHOD as the board of county commissioners may
determine for such THE purposes DESCRIBED IN DIVISION (C)
OF THIS SECTION upon such THE BENEFITED properties to
complete the payment of such THE costs DESCRIBED IN
DIVISION (C) OF THIS SECTION or to pay the cost of any
additional plans, specifications, estimates ESTIMATE of
cost, OR tentative assessments ASSESSMENT and the cost of
financing and legal services incident to the preparation of such
THOSE plans and such THE plan of financing, which
additional assessments shall be payable in such THE number
of years as THAT the legislative authority BOARD
shall determine, not to exceed twenty years, together with
interest on any notes and bonds which PUBLIC OBLIGATIONS
THAT may be issued OR INCURRED in anticipation of the collection thereof
OF THE ADDITIONAL ASSESSMENTS.
(E) Prior to the adoption of the A resolution
levying such assessments UNDER THIS SECTION, the
board shall give at least ten days' notice EITHER BY ONE
PUBLICATION in one A newspaper of general circulation in
the county which shall state, OR BY MAILING A COPY
OF THE NOTICE BY FIRST CLASS OR CERTIFIED MAIL TO THE OWNERS OF
THE PROPERTIES PROPOSED TO BE ASSESSED AT THEIR RESPECTIVE TAX
MAILING ADDRESSES, OR BY BOTH MANNERS, THE PUBLICATION TO BE MADE
OR THE MAILING TO OCCUR AT LEAST TEN DAYS PRIOR TO the time and
place when and where such DATE OF THE MEETING AT WHICH THE
resolution shall be taken up for consideration; THAT NOTICE
SHALL STATE THE TIME AND PLACE OF THE MEETING AT WHICH THE
RESOLUTION IS TO BE CONSIDERED. At such THE time and place
OF THE MEETING, or at any adjournment thereof OF THE
MEETING, of which no further published OR MAILED notice need be
given, the board shall hear all persons whose properties are
proposed to be assessed, shall correct any errors and make any
revisions that appear to be necessary or just, and may then
pass MAY ADOPT a resolution levying upon the properties
determined to be benefited such THE assessments as so
corrected and revised.
The assessments levied by such THE resolution shall be
certified to the county auditor for collection IN THE SAME MANNER
as other taxes in the year or years in which they are
payable.
(F) Upon the adoption of such THE resolution
DESCRIBED IN DIVISION (E) OF THIS SECTION, no
further action shall be taken or work done until ten days have
elapsed. If, at the expiration of such THAT period,
no appeal has been effected by any property owner as herein
provided IN THIS DIVISION, the action of the board shall be
final. If, at the end of THAT ten days, any owner of
property to be assessed for the improvement IMPROVEMENTS
has effected such an appeal then, no further
action shall be taken and no work done in connection with such
THE improvements under said THE resolution until the
matters appealed from have been disposed of in court.
Any owner of property to be assessed may appeal as provided and
upon the grounds stated in sections 6117.09 to 6117.24,
inclusive, of the Revised Code.
If no appeal has been perfected or if on appeal the resolution
of award of county commissioners THE BOARD is sustained,
the board of county commissioners may authorize AND ENTER
INTO contracts to carry out the purpose for which such THE
assessments have been levied without the prior issuance of notes,
provided that the payments due by the board of county
commissioners UNDER THOSE CONTRACTS do not fall due prior to
the time in BY which such THE assessments shall
ARE TO be collected. The board of county commissioners shall
also have the power to MAY issue and sell its bonds
with a maximum maturity of twenty years in anticipation of the
collection of such THE assessments and may issue its
notes in anticipation of the issuance of such THE bonds,
which notes and bonds, AS PUBLIC OBLIGATIONS, shall
be issued and sold as provided in Chapter 133. of the Revised
Code.
Sec. 6103.11. Whenever the owners of all the lots and lands to
be benefited by and to be assessed for any water supply or
water-works system, IMPROVEMENT provided for in sections
6103.02 to 6103.30, inclusive, of the Revised Code THIS
CHAPTER, by petition in writing, request the board of
county commissioners to provide for the ACQUISITION OR
construction, maintenance, and operation of any such THE
improvement, describing the improvement desired and the
lots and lands owned by them respectively to be assessed to pay
the cost and OF ACQUISITION OR CONSTRUCTION,
maintenance, AND OPERATION of such THE improvement,
and consenting that their said lots and lands may be
assessed to pay the cost of such THE ACQUISITION OR
CONSTRUCTION OF THE improvement and of ITS maintenance and
operation as provided in such sections THIS CHAPTER, and
waive notice and the publication of all resolutions and
legal notices provided for in such sections OTHERWISE
REQUIRED, the board shall MAY have THE COUNTY SANITARY
ENGINEER PREPARE, OR OTHERWISE CAUSE TO BE prepared, the
necessary plans, specifications, and estimates ESTIMATE of
cost of THE ACQUISITION OR construction, maintenance, and
operation thereof, OF THE IMPROVEMENT and a tentative
assessment. When all of the owners of the lots and lands
to be benefited by and assessed for the proposed improvement in
writing state, IN WRITING, that they have
examined the estimated ESTIMATE OF cost and tentative
assessment as made by the county sanitary engineer, that
they have no objections thereto TO THEM, and that,
in case bonds are sold PROPOSED TO BE ISSUED prior to the
ACQUISITION OR construction of the improvement, they waive
their right or option to pay the assessments in cash, then
the board shall MAY proceed, as provided in such
sections, THIS CHAPTER to construct such CAUSE THE
improvement TO BE ACQUIRED OR CONSTRUCTED and make provisions
TO CAUSE PROVISION TO BE MADE for the payment of the cost of ITS
ACQUISITION OR construction, maintenance, and operation, as
provided in such sections, except that none of the notices or
publications OTHERWISE required by law need be made nor any
GIVEN AND NO opportunity NEED be given PROVIDED for the
filing of objections to the improvement, ITS CHARACTER AND
TERMINI, THE BOUNDARIES OF THE ASSESSMENT DISTRICT, or to
the assessments, TENTATIVE ASSESSMENT or, if bonds have
been sold ARE ISSUED PRIOR TO THE ACQUISITION OR CONSTRUCTION
OF THE IMPROVEMENT, for paying the assessments in cash, and the.
THE board shall forthwith MAY proceed to authorize and
issue bonds or certificates INCUR PUBLIC OBLIGATIONS
IN THE REQUIRED AMOUNT, COMPLETE THE ACQUISITION OR CONSTRUCTION
of indebtedness THE IMPROVEMENT, and levy and
collect the assessments authorized by sections 6103.02 to
6103.30, inclusive, of the Revised Code, and no THIS CHAPTER.
NO person, firm, or corporation PUBLIC AGENCY shall
have the right to appeal from any decision or action of the board
in the matter except refusal by the board to proceed with such
THE improvement. The
THE tentative assessment provided for in this section shall be
for the information of property owners and shall not be LEVIED OR
certified to the county auditor for collection. On completion of
the work IMPROVEMENT, the ITS cost thereof
shall be determined, including incidental expense as defined in
sections 6103.02 to 6103.30, inclusive, of the Revised Code,
and a revised assessment shall be prepared by the COUNTY
sanitary engineer SHALL PREPARE, OR OTHERWISE CAUSE TO THE BE
PREPARED, A REVISED ASSESSMENT based on such THE actual
cost and in substantially the same proportion as the tentative
assessment. The board shall confirm such AND LEVY THE
revised assessment and certify the same IT to the COUNTY
auditor for collection.
Sec. 6103.12. The cost of any improvement provided for in sections
6103.02 to 6103.30, inclusive, of the Revised Code, THIS
CHAPTER and the cost of the ITS maintenance and operation thereof,
shall include, in addition to the cost of ITS ACQUISITION OR
construction, the cost of engineering, necessary publications,
inspection, interest on certificates of indebtedness or on
bonds PUBLIC OBLIGATIONS, and all other items of cost incident
to such THE improvement AS DESCRIBED IN DIVISION (B)
OF SECTION 133.15 of the Revised Code. The county
may pay FROM AVAILABLE COUNTY FUNDS any part of the cost of such
THE improvement and any part of the COST OF ITS maintenance and
operation thereof if the board of county commissioners deems
such CONSIDERS THE payment TO BE just.
Sec. 6103.13. The cost and expense of the ACQUISITION OR
construction of a main, branch, local or reinforcing pipe line
and water supply FACILITIES to be paid by assessments shall be
assessed, as an assessment district assessment, upon
all the property within said THE COUNTY SEWER district
found to be benefited in accordance with the special benefits
conferred, less such ANY part of said THE cost as
shall be THAT IS paid by the county at large FROM OTHER
AVAILABLE FUNDS. State land so benefited and any state land
benefited by pavement, sidewalk, sewage, or other improvement of
value shall bear its proportion PORTION of THE assessed
costs according to its special benefit COST.
Sec. 6103.15. The county sanitary engineer, upon the completion
of any improvement under sections 6103.02 to 6103.30,
inclusive, of the Revised Code IN ACCORDANCE WITH THIS
CHAPTER, shall prepare, OR OTHERWISE CAUSE TO BE PREPARED,
and SHALL present to the board of county commissioners, a
revised assessment, based on the tentative assessment
previously ratified by the board for such THE improvement,
or, if such THE tentative assessment has been
revised by order of court, BASED on such THE revised
tentative assessment, the assessment levied on each piece of
property being modified in substantially the same proportion as
the actual cost of the work IMPROVEMENT, including
incidental costs, bears to the estimated cost on which such
THE tentative assessment was based. No notice of such THE
revised assessment shall be given unless such THE actual
cost exceeds the estimated cost. If the actual cost exceeds the
estimated cost, notice shall be given TO all property owners
within the assessment district and shall be published as provided
by section 6103.06 of the Revised Code for amendments of the
tentative assessment, and any property owners OWNER
may appeal as provided for in THE case of A tentative assessments
ASSESSMENT. The board shall confirm such THE revised
assessment, and, when so confirmed, the same IT
shall be final and conclusive. If an appeal has been made, such
THAT confirmation shall be subject to the finding of the court. The
THE board may, at such intervals as it deems
CONSIDERS expedient, assess MAY LEVY AN ADDITIONAL
ASSESSMENT ON the lots and parcels of land specified in said
notice of assessment and levy taxes upon the taxable property of
the district so improved ASSESSED FOR THE IMPROVEMENT,
INCLUDING STATE LAND, IN ORDER to pay the cost of the maintenance,
REPAIR, and operation of any such THE improvement,
after ITS completion thereof, and no. NO further
notice shall be necessary of such maintenance, repair,
or operation THAT ADDITIONAL assessment SHALL BE NECESSARY
unless the amount thereof OF IT exceeds ten per cent of the
original cost of the construction ACQUIRING OR CONSTRUCTING
THE IMPROVEMENT. If such maintenance, repair, or operation
THAT ADDITIONAL assessment exceeds ten per cent of the original
cost of the construction ACQUIRING OR CONSTRUCTING THE
IMPROVEMENT, the method and manner of making such THAT
ADDITIONAL assessment, together with the notice thereof OF
IT, shall be the same as provided by sections 6103.02 to
6103.30, inclusive, of the Revised Code, IN THIS CHAPTER for
the original assessment. THAT ADDITIONAL ASSESSMENT SHALL BE
SUBJECT TO ANY APPLICABLE PROVISIONS OF SECTION 6103.16 of the Revised
Code, PROVIDED THAT THE ASSESSMENT MAY BEAR INTEREST AT A
RATE THAT THE BOARD DETERMINES TO BE APPROPRIATE.
Sec. 6103.17. Whenever the legislative authority or board of
health, or the officers performing the duties of a legislative
authority or board of health, of a municipal corporation,
the board of health of a general health district, or a board of
township trustees makes complaint, in writing, to the director
of environmental protection AGENCY that unsafe water supply
conditions exist in any county, the AGENCY'S director shall
forthwith SHALL inquire into and investigate the conditions
complained of. If, upon investigation of such THE
complaint, the director finds that it is necessary for the
public health and welfare that any improvement mentioned in
sections 6103.01 and 6103.02 of the Revised Code WATER SUPPLY
FACILITIES be ACQUIRED OR constructed, maintained, and operated for
the service of TO SERVE any territory outside of
municipal corporations in any county, the director shall notify
the board of county commissioners of such THE county of his
THAT finding AND ORDER THAT CORRECTIVE ACTION BE TAKEN. The board
shall obey such THE order and proceed, as provided
in sections THIS CHAPTER AND SECTION 6117.01, 6117.02,
and 6103.02 to 6103.30 of the Revised Code, to
establish a COUNTY sewer district, IF REQUIRED, TO provide
THE necessary funds, and TO ACQUIRE OR construct such
public water supplies THE FACILITIES, or AND TO
maintain, repair, or AND operate the same
FACILITIES, as are required by such THE order and in
such A manner as THAT is satisfactory to the
director. Any part OR ALL of the cost of such improvement
THE FACILITIES or OF THE maintenance AND OPERATION OF THE
FACILITIES may be assessed upon the property benefited
PROPERTIES as provided in such sections THIS CHAPTER.
Sec. 6103.20. (A) At any time after the formation of any
COUNTY sewer district, the board of county commissioners, when deemed
expedient IT CONSIDERS IT APPROPRIATE, on application by a corporation,
individual, PERSON or public institution AGENCY FOR THE
SUPPLY OF WATER TO PROPERTIES OF THAT PERSON OR PUBLIC AGENCY
LOCATED outside of any THE district, may contract with such
corporation, individual, THE PERSON or public institution
AGENCY for supplying water to their premises THOSE
PROPERTIES FROM WATER SUPPLY FACILITIES ACQUIRED OR CONSTRUCTED OR
TO BE ACQUIRED OR CONSTRUCTED BY THE COUNTY TO SERVE THE DISTRICT,
on such terms as are THAT THE BOARD CONSIDERS
equitable, but the. THE amount to be paid BY THE
PERSON OR PUBLIC AGENCY TO REIMBURSE THE COUNTY FOR COSTS OF
ACQUIRING OR CONSTRUCTING THOSE FACILITIES shall not be less than
the original OR COMPARABLE assessment for similar property within
the district OR, IN THE ABSENCE OF AN ORIGINAL OR COMPARABLE
ASSESSMENT, AN AMOUNT THAT IS FOUND BY THE BOARD TO BE REASONABLE
AND FAIRLY REFLECTIVE OF THAT PORTION OF THE COST OF THOSE
FACILITIES ATTRIBUTABLE TO THE PROPERTIES TO BE SERVED. Such
THE board in any such case shall appropriate any moneys
received for such THAT service to and for the use and
benefit of such THE district. When the THE board deems
it necessary to contract with a corporation, individual, or public
institution outside of any district for supplying water to their
premises from water supply lines constructed or to be constructed
to serve such district, it shall so determine by resolution and
may collect said THE amount TO BE PAID BY THE PERSON OR
PUBLIC AGENCY IN FULL, in cash OR IN INSTALLMENTS AS A PART
OF A CONNECTION CHARGE TO BE COLLECTED IN ACCORDANCE WITH DIVISION
(F) OF SECTION 6103.02 of the Revised Code,
or, IF THE PROPERTIES TO BE SERVED ARE LOCATED WITHIN THE
COUNTY, the same AMOUNT may be assessed against said
lots or parcels of land THOSE PROPERTIES, and, IN THAT
EVENT, the manner of making such THE assessment,
together with the notice thereof OF IT, shall be the
same as provided in sections 6103.02 to 6103.30, inclusive,
of the Revised Code, for the original assessment THIS CHAPTER.
(B) Whenever a water supply line has
FACILITIES HAVE been ACQUIRED OR constructed by, AND AT THE
EXPENSE OF, a corporation, individual, PERSON or
public institution at its own expense for the purpose of
supplying water to any allotment, development, subdivision, or
similar enterprise, or to any institution, AGENCY and it is
deemed expedient by the board CONSIDERS IT APPROPRIATE to
acquire said water supply line THE FACILITIES or any part thereof
OF THEM for the purpose of supplying water to territory outside
the allotment, subdivision, development, or other such enterprise
for which such line was constructed, and such additional territory
is within a COUNTY SEWER district, the county sanitary
engineer, AT THE DIRECTION OF THE BOARD, shall
examine it and if he THE FACILITIES. IF THE COUNTY SANITARY
ENGINEER finds the same FACILITIES properly designed and
constructed, he THE COUNTY SANITARY ENGINEER shall make
an appraisal of its present value to the district as a means of
supplying water to territory outside the allotment, subdivision,
development, or similar enterprise for which it was originally
constructed and shall certify such value THAT FACT to
the board. In such appraisal no allowance shall be made for the
value of such water supply line to the territory for the service
of which it was originally constructed. THE
The board, by resolution, may determine to
purchase said water supply line THE FACILITIES OR ANY PART
OF THEM at a cost not to exceed its present value as certified
by THAT, AFTER CONSULTATION WITH the COUNTY sanitary engineer,
IT FINDS TO BE REASONABLE. For
SUBJECT TO AND IN ACCORDANCE WITH THIS DIVISION AND DIVISION (B)
OR DIVISIONS (C), (D), AND (E) OF SECTION
6103.05 of the Revised Code, THE BOARD MAY PURCHASE
THE FACILITIES OR ANY PART OF THEM BY NEGOTIATION. FOR the purpose
of paying for the water supply line and the maintenance
thereof COST OF THEIR ACQUISITION, the board may issue bonds
or certificates of indebtedness INCUR PUBLIC OBLIGATIONS
and assess the ENTIRE cost, OR A LESSER DESIGNATED PART OF
THE COST, OF THEIR ACQUISITION against the benefited property
PROPERTIES in the same manner as provided by law
IN THIS CHAPTER for the construction of an original water
supply line OR COMPARABLE FACILITIES.
Sec. 6103.21. At any time after the formation of any COUNTY
sewer district, the board of county commissioners may enter into a
contract, upon such THE terms and for such
THE period of time as are THAT IS mutually agreed upon,
with any municipal corporation or any other county
PUBLIC AGENCY to prepare ALL necessary plans and estimates of cost
and to ACQUIRE OR construct any water supply improvement
FACILITIES THAT ARE to be used jointly by the contracting parties,
and to provide for the furnishing of water and for the
MAINTENANCE, OPERATION, AND joint use by such THE
contracting parties of such THOSE water supply improvement
FACILITIES or the MAINTENANCE, OPERATION, AND joint use of any
suitable existing water supply or water mains SUPPLY
FACILITIES belonging to either of such THE CONTRACTING
parties.
Sec. 6103.22. All contracts under section 6103.21 of the
Revised Code shall provide for THE payment OF COMPENSATION to the
county or municipal corporation OTHER PUBLIC AGENCY owning,
ACQUIRING, OR constructing, or agreeing to ACQUIRE OR construct,
the water supply improvement FACILITIES to be jointly used of
the IN AN amount agreed upon as the other party's share of the
cost of ACQUIRING OR CONSTRUCTING the water supply improvement
FACILITIES. The contract also shall provide for payment OF
COMPENSATION to the county or municipal corporation OTHER
PUBLIC AGENCY owning, ACQUIRING, or constructing THE
FACILITIES and OPERATING AND maintaining the improvement of the
THEM IN AN amount agreed upon for AS the other party's
share of the cost of operating and maintaining the water supply
improvement THEM, including the cost of water, or,
in lieu of all other OR DIFFERING payments, an agreed price
per unit for water furnished. A county or municipal corporation
OTHER PUBLIC AGENCY owning, ACQUIRING, OR constructing, or
agreeing to ACQUIRE OR construct a, ANY water supply
improvement FACILITIES and permitting the AGREEING
TO THEIR use of it by another county or municipal
corporation PUBLIC AGENCY shall retain full control and
management of the ACQUISITION, construction, maintenance, repair,
and operation of the improvement, FACILITIES, UNLESS
OTHERWISE PROVIDED IN THE CONTRACT AND except, IN THE CASE
OF A COUNTY, when conveyed to a municipal corporation as
provided in this section DIVISION (B) OF SECTION
6103.04 of the Revised Code.
A completed water supply or water-works system, as defined
in sections 6103.01 and 6103.02 of the Revised Code, for the use
of any sewer district, constructed under this chapter, and any
part thereof, located within any municipal corporation or within
any area that may be incorporated as a municipal corporation or
annexed to an existing municipal corporation, or that provides
water for such an area, by mutual agreement between the board of
county commissioners and the municipal corporation may be conveyed
to the municipal corporation, which shall thereafter maintain and
operate the water supply or water-works. The board may retain the
right to joint use of the water supply or water-works for the
benefit of the district. The validity of any assessment that has
been levied or may be levied thereafter to provide means for the
payment of the cost of the construction or maintenance of the
water supply or water-works or any part of it shall not be
affected by the conveyance.
Sec. 6103.23. The A county or municipal corporation
OTHER PUBLIC AGENCY contracting as provided in sections 6103.20
to 6103.21 AND 6103.22, inclusive, of the
Revised Code, for the joint use of any water supply improvement
FACILITIES ACQUIRED OR constructed, or to be ACQUIRED OR
constructed, by another county or municipal corporation
PUBLIC AGENCY may provide for payment of the agreed compensation
by the levy of taxes, OR special assessments, or
FROM water rentals as now provided in RATES AND CHARGES, IF
AND TO THE EXTENT THAT THE PUBLIC AGENCY IS AUTHORIZED BY the laws
governing such county or municipal corporation IT in the
ACQUISITION, construction, maintenance, repair, or
operation of a water supply improvement FACILITIES
TO PROVIDE FOR PAYMENT OF COSTS IN RESPECT OF WHICH THE
COMPENSATION IS DUE FROM THOSE SOURCES, and may issue bonds
OR INCUR PUBLIC OBLIGATIONS as provided by such THOSE laws in
anticipation of such taxes or assessments AND PAY THE DEBT
CHARGES ON THOSE OBLIGATIONS FROM THOSE SOURCES, IF AND TO THE
EXTENT SO AUTHORIZED.
Sec. 6103.24. The A county or municipal corporation
OTHER PUBLIC AGENCY receiving the compensation provided for in
section 6103.22 of the Revised Code shall credit the amount so
received to the proper fund to be used and applied towards
FOR the ACQUISITION, construction, or OPERATION AND
maintenance, as the case may be, of the water
supply improvement and other water works to be jointly used
FACILITIES OR FOR OTHER AUTHORIZED PURPOSES.
Sec. 6103.25. Whenever, in the opinion of the board of
county commissioners, it is necessary to procure
ACQUIRE real estate, a right of way, or an easement
ANY INTEREST IN REAL ESTATE for the ACQUISITION,
construction, MAINTENANCE, or operation of any water
supply or other improvement FACILITIES authorized by sections
6103.02 to 6103.30, inclusive, of the Revised Code THIS
CHAPTER, or TO ACQUIRE the right to ACQUIRE, construct,
maintain, and operate such water supply or other improvement
THOSE FACILITIES in and upon any property within or without
OUTSIDE OF a COUNTY sewer district, it may purchase the same
REAL ESTATE, INTEREST IN REAL ESTATE, OR RIGHT BY NEGOTIATION. If such
THE board and the owner thereof OF THE REAL ESTATE,
INTEREST IN REAL ESTATE, OR RIGHT are unable to agree upon its
purchase and sale, or the amount of damage DAMAGES to be
awarded therefor FOR IT, the board may appropriate such
THE real estate, right of way, easement INTEREST, or right,
in accordance with sections 163.01 to 163.22, inclusive, of
the Revised Code, EXCEPT THAT THE BOARD, IN THE EXERCISE OF
THE POWERS GRANTED BY THIS SECTION OR ANY OTHER SECTION OF THIS
CHAPTER, MAY NOT APPROPRIATE REAL ESTATE OR PERSONAL PROPERTY
OWNED BY A MUNICIPAL CORPORATION. The board shall perform all
acts and duties required to be performed by the mayor or
legislative authority of a municipal corporation by such laws and
the passage of equivalent resolutions and ordinances to be passed
by the legislative authority of a municipal corporation. In the
construction, maintenance, and operation of any water supply or
waterworks system, as provided in sections 6103.02 to 6103.30,
inclusive, of the Revised Code, the necessary resolutions,
waivers, and notices, provided for in such sections, may be
passed, made, and given at the same time, or may be included in
any similar resolution, waiver, or notice passed, made, or given
for the construction, maintenance, and operation of any sewer or
sewage disposal works in the same district.
Sec. 6103.29. No person OR PUBLIC AGENCY shall tamper with or
damage any water supply FACILITY ACQUIRED or water main
constructed BY A COUNTY under sections 6103.02 to 6103.30,
inclusive, of the Revised Code, THIS CHAPTER or any apparatus
or accessory connected therewith WITH IT or pertaining thereto.
No person shall TO IT, OR make any connection INTO OR with such
THE water supply or water main FACILITY, without THE
permission of the board of county commissioners, or make
any such connection in a manner or for a use other than as
prescribed by such THE board. No person OR PUBLIC AGENCY
shall refuse to permit the inspection by the county sanitary
engineer of any such connection or willfully cause the pollution
of any water supply. No person OR PUBLIC AGENCY shall violate sections
6103.02 to 6103.30, inclusive, of the Revised Code ANY OTHER
PROVISION OF THIS CHAPTER. All fines collected under section
6103.99 of the Revised Code shall be paid to the county treasurer
and credited to such THE fund as THAT the board
determines TO BE MOST APPROPRIATE AFTER CONSIDERATION OF THE
NATURE AND EXTENT OF THE PARTICULAR VIOLATIONS.
Sec. 6103.31. (A) If THE BOARD OF COUNTY COMMISSIONERS
DETERMINES BY RESOLUTION THAT the best interests of the county and
the users of a public water supply FACILITIES of the county
SERVING A SEWER DISTRICT so require, the board of county
commissioners may sell or otherwise dispose of such public
water supply THE FACILITIES to another political
subdivision, PUBLIC AGENCY OR A person, firm, or private
corporation. The resolution declaring the necessity therefor
OF THAT DISPOSITION shall recite the reason REASONS for the
sale or OTHER disposition and shall include ESTABLISH any
conditions or terms of sale which THAT the board imposes
MAY IMPOSE, including the proposed, BUT NOT LIMITED
TO, A MINIMUM sales price, IF A SALE IS PROPOSED, A
REQUIREMENT FOR THE SUBMISSION BY BIDDERS OF the schedule of water
rates and charges INITIALLY PROPOSED to be imposed upon
PAID BY THE users of the water supply FACILITIES, and such
other pertinent CONDITIONS OR terms and provisions relating
to the sale or OTHER disposition of the water supply as the
board determines. THE RESOLUTION ALSO SHALL DESIGNATE A TIME
AND PLACE FOR THE HEARING OF OBJECTIONS TO THE SALE OR OTHER
DISPOSITION BY THE BOARD. Notice of the passage
ADOPTION of the resolution AND THE TIME AND PLACE OF THE HEARING
shall be published ONCE A WEEK for two consecutive weeks, on
the same day of the week, in a newspaper of general
circulation in the sewer district and IN THE county served by
the public water supply and a. THE public hearing ON
THE SALE OR OTHER DISPOSITION SHALL BE held thereon not
less than twenty-four days following the date of first publication
of the notice of passage of the resolution. Notice of
the passage of the resolution shall A COPY OF THE NOTICE also
SHALL be mailed SENT BY FIRST CLASS OR CERTIFIED MAIL, ON
OR BEFORE THE DATE OF THE SECOND PUBLICATION, to any municipality
PUBLIC AGENCY within the water supply service area of
the sewer district SERVED BY THE FACILITIES. Five AT
THE PUBLIC HEARING, OR AT ANY ADJOURNMENT OF IT, OF WHICH NO
FURTHER PUBLISHED OR MAILED NOTICE NEED BE GIVEN, THE BOARD SHALL
HEAR ALL INTERESTED PARTIES. A PERIOD OF FIVE days shall be given
following the date COMPLETION of THE hearing, which may
be adjourned from time to time, for the filing of written
objections by any interested person PERSONS OR PUBLIC
AGENCIES to the sale or OTHER disposition of the public water
supply, after which the board shall consider such ANY
objections and by resolution determine whether or not to proceed
with the sale or OTHER disposition of the public water supply.
In the event IF the board determines to proceed with the
sale or OTHER disposition of the public water supply, any
interested person whose objection has been overruled may appeal to
the probate court of the county in the manner prescribed by
sections 6117.09 to 6117.22, |
