Ohio Revised Code Search
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Section 940.111 | Acceptance of payments by financial transaction devices.
...(A) As used in this section: (1) "Financial transaction device" includes a credit card, debit card, charge card, or prepaid or stored value card, or automated clearinghouse network credit, debit, or e-check entry that includes, but is not limited to, accounts receivable and internet-initiated, point of purchase, and telephone-initiated applications or any other device or method for making an electronic payment or t... |
Section 940.12 | Levy of tax within ten-mill limitation.
...The board of county commissioners of each county in which there is a soil and water conservation district may levy a tax within the ten-mill limitation and may appropriate money from the proceeds of the levy or from the general fund of the county. The money shall be held in a special fund for the credit of the district, to be expended for the purposes prescribed in section 940.08 of the Revised Code or under the poli... |
Section 940.13 | Prosecuting attorney is legal adviser.
...(A) The prosecuting attorney of a county in which there is a soil and water conservation district is the legal adviser of the district. The prosecuting attorney is the legal counsel of such district in all civil actions brought by or against it and shall conduct all such actions in the prosecuting attorney's official capacity. The board of supervisors of a district may also employ such attorneys as may be necessary o... |
Section 940.14 | Infringement of rights.
...This chapter does not infringe upon the rights, powers, and authority vested by law in the division of wildlife in the department of natural resources. |
Section 940.15 | Payments to local soil and water conservation districts.
...at the Ohio soil and water conservation commission may approve payment to a district in an amount in excess of eight thousand dollars in any calendar year upon receipt of a request and justification from the district. The county auditor shall credit such payments to the special fund established pursuant to section 940.12 of the Revised Code for the soil and water conservation district. The department may make advanc... |
Section 940.16 | Advance of moneys from soil and water conservation fund; repayment.
... of county commissioners to the state immediately upon the receipt by the board of funds from the sale of bonds or from other sources that may be used for that purpose, or in such number of equal annual installments, not exceeding five, and commencing at such time, as shall be specified in the order of the commission. If an unfavorable referendum or court decision has denied the work of improvement, the controlling ... |
Section 940.17 | Sharing costs of improvement by conservation district.
...by the Ohio soil and water conservation commission, may enter into agreements with boards of county commissioners under which the state shares the cost of construction of works of improvement constructed by the county for a soil and water conservation district. The state share shall be paid from moneys appropriated for such purposes. The state share authorized under this section shall not exceed fifty per cent of the... |
Section 940.19 | Petition to supervisors for construction of conservation improvement.
...(A) An owner of land that is located in a soil and water conservation district may file a petition with the board of supervisors of the district requesting the construction of a conservation work of improvement. Prior to filing a petition, the petitioner shall consult with the district to discuss the proposed drainage improvement and to determine the proper forms and procedures for filing the petition. (B) The peti... |
Section 940.20 | Notice of hearing on proposed improvement.
... improvement and to the board of county commissioners and the county engineer. The board shall ensure that the notice contains all of the following: (1) The date, time, and location for the view and the subsequent hearing; (2) A description of the proposed improvement and its location as stated in the petition, a map indicating the location of the proposed improvement or information on where to access the map, an... |
Section 940.21 | View of site of proposed improvement.
...(A) On the date established for the view of a proposed improvement, the board of supervisors of a soil and water conservation district or its designee shall present an overview of the proposed improvement. In the presentation, the board or its designee shall use methods and means that the board determines will adequately inform those attending the view about the proposed improvement's location and the drainage issues... |
Section 940.22 | Preliminary report on proposed improvement; alternate proposals; review by engineer.
...(A) Upon acceptance of a petition requesting the construction of an improvement, the board of supervisors of a soil and water conservation district shall begin to prepare a preliminary report regarding the proposed improvement. The board shall present the completed preliminary report at the hearing that is held on the proposed improvement. (B) The board shall ensure that the preliminary report includes all of the f... |
Section 940.23 | Hearing on petition; objections by affected landowners.
...(A) On the date and at the time established by the board of supervisors for the hearing on a petition for a proposed improvement, the board shall conduct the hearing. At the hearing, the board shall do both of the following: (1) Present the board's preliminary report on the proposed improvement; (2) Hear any comments or evidence offered by any landowner for or against the proposed improvement. (B) If necessary... |
Section 940.24 | [Former R.C. 940.26, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Surveys, plans and maps, construction specifications, cost estimates.
...After a vote of the board of supervisors of a soil and water conservation district to proceed with a project survey and design for a proposed improvement, the board or its designee shall conduct all necessary surveys for the proposed improvement. In addition, the board or its designee shall prepare plans for constructing the improvement. The plans shall include all of the following: (A) Specifications for construct... |
Section 940.25 | Schedule of damages.
...(A) After preparing the project survey, design, and plans for constructing the proposed improvement, the board of supervisors of a soil and water conservation district shall prepare a schedule of damages as part of the estimate of the total cost of constructing the proposed improvement. (B) The schedule of damages shall include both of the following: (1) An estimate of the value of land or other property necessar... |
Section 940.26 | Cost estimate.
...After preparing a schedule of damages, the board of supervisors of a soil and water conservation district or its designee shall make an estimate of the cost of the proposed improvement. The estimate shall include all of the following: (A) Actual construction costs, including costs of addressing the construction specifications set forth in section 940.24 of the Revised Code; (B) The estimated costs included in the... |
Section 940.27 | Schedule of estimated assessments.
...(A) After preparing an estimate of the cost of a proposed improvement, the board of supervisors of a soil and water conservation district or its designee shall prepare a schedule of estimated assessments on land within the area that will be benefited by a proposed improvement. The board shall include in the schedule the name and address of each landowner whose parcel of land will be benefited by the proposed improvem... |
Section 940.28 | Petition and information to be submitted to county commissioners.
...for the petition to the board of county commissioners of the county in which the proposed improvement is to be located. |
Section 940.29 | Scheduling and notice of hearing on proposed improvement.
...f the Revised Code, the board of county commissioners shall establish the date, time, and location of a hearing regarding the proposed improvement. (B) At least twenty-one days prior to the date established for the hearing, the clerk of the board of county commissioners shall send a written notice of the hearing by certified mail to all landowners that are adjacent to the proposed improvement. The clerk shall send ... |
Section 940.30 | County commissioners hearing on proposed improvement.
...ed for the hearing, the board of county commissioners shall conduct the hearing by doing both of the following: (1) Presenting the project design, construction plans, schedule of damages, cost estimates, and estimated assessments for the proposed improvement as submitted by the board of supervisors of the applicable soil and water conservation district; (2) Hear any comments offered by any landowner regarding the... |
Section 940.31 | [Former R.C. 940.29, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Approval or disapproval of construction of improvement.
...f the Revised Code, the board of county commissioners shall vote to approve or dismiss the petition. (B) The board may approve the petition if the board is reasonably certain that: (1) The benefits of the proposed improvement outweigh the costs. (2) The proposed improvement is necessary. (3) The proposed improvement will be conducive to the public welfare. (4) The proposed route and mode of construction of ... |
Section 940.32 | [Former R.C. 940.33, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Procedure for assessments.
...(A) If the board of county commissioners approves a petition under section 940.31 of the Revised Code, the board shall adopt a resolution levying upon the property within the area to be benefited by an improvement a uniform or varied assessment rate as necessary to pay the cost of construction of the improvement not otherwise funded and to repay advances made for purposes of the improvement from the fund created by s... |
Section 940.33 | [Former R.C. 940.34, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Tax levy resolution.
...(A) A board of county commissioners may declare by resolution that it is necessary to levy a tax upon the property within the area to be benefited by an improvement in order to pay the costs of the improvement not otherwise funded. The resolution shall specify all of the following: (1) The rate that it is necessary to levy; (2) The purpose of the tax levy; (3) The number of years during which the increase is ... |
Section 940.34 | Joint board of supervisors.
...of the Ohio soil and water conservation commission, create a joint board of supervisors. Each district shall have the same number of supervisors on the joint board. However, if the membership of the joint board would be an even number, an additional supervisor from the lead county shall be designated. (B) A joint board of supervisors shall exercise the same powers, execute the same duties, and follow the same proce... |
Section 940.35 | [Former R.C. 940.31, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Joint board of county commissioners.
...re than one county, the board of county commissioners from each of the counties that would be affected by the proposed improvement shall meet on a date fixed by the clerk of the board of county commissioners of the lead county. The boards shall meet in the lead county to organize a joint board of county commissioners and elect a president, which shall be the first order of business at the hearing. (B) A joint board... |
Section 940.36 | [Former R.C. 940.32, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Lead county responsibilities.
...roceedings of the joint board of county commissioners, and such taxes or assessments when collected shall be paid to the treasurer for the joint board. (C) The auditor and treasurer of the lead county shall receive and account for any taxes or assessments levied for the improvement in the same manner as they would for taxes or assessments collected within their county. The treasurer and auditor of the lead county ... |