Skip to main content
Back To Top Top Back To Top
The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

Ohio Revised Code Search

Titles
Busy
 
Keywords
:
storm water
{"removedFilters":"","searchUpdateUrl":"\/ohio-revised-code\/search\/update-search","keywords":"storm+water","start":2001,"pageSize":500,"sort":"BestMatch","title":""}
Results 2,001 - 2,380 of 2,380
Sort Options
Sort Options
Sections
Section
Section 6117.251 | Sanitary or drainage facility improvements.

...(A) After the establishment of any county sewer district, the board of county commissioners may determine by resolution that it is necessary to provide sanitary or drainage facility improvements or prevention or replacement facility improvements and to maintain and operate the improvements within the district or a designated portion of the district, that the improvements, which shall be generally described in t...

Section 6117.27 | Contracts for construction of improvements.

...After the issuance and sale of bonds or certificates of indebtedness, as provided in sections 6117.01 to 6117.45, inclusive, of the Revised Code, the board of county commissioners shall enter into a written contract in accordance with sections 307.86 to 307.92, inclusive, of the Revised Code. The contract shall be between the board and the bidder, and the board shall pay the contract price in cash. Such payment may ...

Section 6117.28 | Petition by landowners for improvements.

...Whenever the owners of all the lots and lands to be assessed for any sanitary or drainage facility improvement or any prevention or replacement facility improvement provided for in this chapter, by petition in writing, request the board of county commissioners to provide for the acquisition or construction, maintenance, and operation of the improvement, describing the improvement and the lots and lands owned by th...

Section 6117.29 | Cost of improvement to include engineering, necessary publications, inspection, interest on public obligations.

...The cost of any improvement provided for in this chapter and the cost of its maintenance and operation shall include, in addition to the cost of its acquisition or construction, the cost of engineering, necessary publications, inspection, interest on public obligations, and all other items of cost incident to the improvement as described in division (B) of section 133.15 of the Revised Code. The county may pay from...

Section 6117.30 | Assessment district assessments.

...The cost of the acquisition or construction of sanitary or drainage facilities or prevention or replacement facilities to be paid by assessments shall be assessed, as an assessment district assessment, upon all the property within the county sewer district found to be benefited in accordance with the special benefits conferred, less any part of the cost that is paid by the county at large from other available f...

Section 6117.31 | Actual costs - collection.

...d Code, between the county and the Ohio water development authority, for the construction of an improvement for which the county can levy assessments as provided in Chapter 6117. of the Revised Code, and the sum so arising, less the portion thereof to be paid by the county at large, shall be assessed against the lots and parcels of land within the assessment district found to be benefited by such improvement. For the...

Section 6117.311 | Levying tax and issuing bonds to pay costs of improvement.

...For the purpose of paying for a part or all of the cost of any improvement under this chapter in a sewer district created under the provisions of section 6117.01 of the Revised Code, or in a designated subdistrict thereof, the board of county commissioners may levy a tax under Chapter 5705. of the Revised Code upon all of the property listed and assessed for taxation in such sewer district or subdistrict and may auth...

Section 6117.32 | Revised assessment.

...The county sanitary engineer, upon the completion of any improvement 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 the improvement or, if the tentative assessment has been revised by order of court, based on the revised tentative asses...

Section 6117.33 | Annual certification of assessments.

...d Code, between the county and the Ohio water development authority, bears, and shall be a lien upon the lots and lands so assessed from the date of such record until such assessments are paid, and shall be collected in annual or semiannual installments within a period of not more than forty years, provided that interest on deferred assessments shall terminate when all of the bonds issued by the board in anticipation...

Section 6117.34 | Complaint of unsanitary conditions.

...Whenever the legislative authority or board of health, or the officers performing the duties of the 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 environmental protection agency that unsanitary conditions exist in any county, the agency's director forthwith shall inquire into ...

Section 6117.36 | Writ of mandamus.

...If the board of county commissioners fails after thirty days after the notice and order given to it by the director of environmental protection to perform any act required of it by sections 6117.01 to 6117.40 of the Revised Code, and by any such order and notice of the director, such order may be enforced by a writ of mandamus issued by any court authorized to issue such writs.

Section 6117.37 | Recovery of fine, forfeiture, or penalty.

...An action may be commenced and prosecuted for the recovery of any fine, forfeiture, or penalty mentioned in sections 6117.01 to 6117.40, inclusive, of the Revised Code, from any person liable therefor, by the prosecuting attorney of the proper county in the name of the state, in the court of common pleas of such county, or such action may be commenced and prosecuted by the attorney general in such county or in Frankl...

Section 6117.38 | Sewerage or drainage outside district.

...siders equitable; (c) The provision of water supply services. (2) A person, political subdivision, unincorporated area, or public agency located outside of a county sewer district may apply to the board of county commissioners for the provision of the services specified in division (A)(1)(a), (b), or (c) of this section. (3) The amount to be paid by the person, political subdivision, unincorporated area, or public...

Section 6117.39 | Acquisition or purchase of property.

...(A) Except as provided in division (B) of this section, whenever, in the opinion of the board of county commissioners, it is necessary to acquire real estate or any interest in real estate for the acquisition, construction, maintenance, or operation of any sewer, drainage, or other improvement authorized by this chapter, or to acquire the right to construct, maintain, and operate the sewer, drainage, or other ...

Section 6117.40 | Sewer construction within municipal corporation.

...Whenever in the opinion of the board of county commissioners it becomes necessary to construct a sewer within the boundaries of a municipal corporation for the service of sewer districts wholly outside of such municipal corporation, the board may construct such sewer in the streets and alleys of such municipal corporation but shall restore all such streets and alleys to their original condition, and the cost thereof ...

Section 6117.41 | Contracts with other public agencies.

...At any time after the formation of any county sewer district, the board of county commissioners may enter into a contract, upon the terms and for the period of time that are mutually agreed upon, with any other public agency to prepare all necessary plans and estimates of cost and to acquire or construct any sanitary or drainage facilities or any prevention or replacement facilities that are to be used jointly b...

Section 6117.42 | Compensation to other public agencies providing services.

...All contracts under section 6117.41 of the Revised Code shall provide for the payment of compensation to the county or other public agency owning, acquiring, or constructing, or agreeing to acquire or construct, the sanitary or drainage facilities or prevention or replacement facilities to be jointly used in an amount agreed upon as the other party's share of the cost of acquiring or constructing the facilities...

Section 6117.43 | Payment of agreed compensation by levy of taxes or special assessments.

...A county or other public agency contracting as provided in sections 6117.41 and 6117.42 of the Revised Code for the joint use of any sanitary or drainage facilities or any prevention or replacement facilities acquired or constructed, or to be acquired or constructed, by another public agency may provide for payment of the agreed compensation by the levy of taxes or special assessments or from sanitary sewer or drai...

Section 6117.44 | Credit of compensation.

...A county or other public agency receiving the compensation provided for in section 6117.42 of the Revised Code shall credit the amount so received to the proper fund to be used for the acquisition, construction, or operation and maintenance, as the case may be, of the sanitary or drainage facilities or the prevention or replacement facilities or for other authorized purposes.

Section 6117.45 | Violations - fines.

...No person or public agency shall tamper with or damage any sanitary or drainage facility or any prevention or replacement facility acquired or constructed by a county under this chapter or any apparatus or accessory connected with it or pertaining to it, or make any connection into or with the facility, without the permission of the board of county commissioners or in a manner or for a use other than as prescrib...

Section 6117.46 | County trunk or main sewers.

...When the director of environmental protection finds that a trunk or main sewer is necessary in a county for sanitary purposes, the board of county commissioners of such county may make surveys thereof and prepare plans and specifications thereof. Upon approval by the director of such plans and specifications, the board may construct and maintain said trunk or main sewer or part thereof within or without the limits of...

Section 6117.47 | Purchase or appropriation of property for county trunk or main sewers.

...The board of county commissioners may acquire by purchase or appropriation proceedings all real and personal property necessary for the proper construction and maintenance of a trunk or main sewer provided for in section 6117.46 of the Revised Code. The board may occupy any public road, street, avenue, or alley for such trunk or main sewer or part thereof.

Section 6117.48 | Eminent domain proceedings.

...When it is necessary to procure real estate or a right of way or an easement therein for a trunk or main sewer provided for in section 6117.46 of the Revised Code, and the owners thereof are unable to agree upon the compensation therefor, the board of county commissioners may appropriate it in accordance with sections 163.01 to 163.22, inclusive, of the Revised Code.

Section 6117.49 | Sale or disposition of county sanitary or drainage facilities.

...(A) If the board of county commissioners determines by resolution that the best interests of the county and those served by the sanitary or drainage facilities or the prevention or replacement facilities of a county sewer district so require, the board may sell or otherwise dispose of the facilities to another public agency or a person. The resolution declaring the necessity of that disposition shall recite the...

Section 6117.51 | New public sewer construction projects.

... existing health problem or a hazard of water pollution, the board of county commissioners of the county, by resolution, may order the owner of any premises located in a sewer district in the county, the owner's agent, lessee, or tenant, or any other occupant of the premises to connect the premises to the sewer for the purpose of discharging sewage or other waste that the board determines is originating on the premis...

Section 6117.60 | Amendments to chapter are subject to 4 of HB 549 of the 123rd General Assembly.

...It is the intent of the general assembly that the amendments made to this chapter by Sub. H.B. 549 of the 123rd general assembly are subject to section 4 of that act. This section does not affect the application of section 3 of that act to sections 1 and 2 of that act.

Section 6117.99 | Penalty.

...Whoever violates section 6117.45 or 6117.51 of the Revised Code is guilty of a minor misdemeanor.

Section 6119.01 | Regional water and sewer district organization.

...or both, may be organized as a regional water and sewer district in the manner and subject to the conditions provided in Chapter 6119. of the Revised Code, for either or both of the following purposes: (A) To supply water to users within and without the district; (B) To provide for the collection, treatment, and disposal of waste water within and without the district.

Section 6119.02 | Procedure for organization.

...ngs for the organization of a regional water and sewer district shall be initiated only by a petition filed in the office of the clerk of the court of common pleas of one of the counties all or part of which lies within the proposed district. The petition shall be signed by one or more municipal corporations, one or more counties, or one or more townships, or by any combination of them, after having been autho...

Section 6119.03 | Common pleas court assigned to district.

...or in part within the proposed regional water and sewer district. Thereafter the judge of the court of common pleas of each such county or, in the case of any county having more than one such judge, the judge of such court assigned by order of its presiding judge shall sit as the court of common pleas of the county wherein the petition was filed to exercise the jurisdiction conferred on it by Chapter 6119. of the Rev...

Section 6119.04 | Hearing on petition for establishment.

... establishment of the proposed regional water and sewer district. The hearing shall be either preliminary or final as the petition may request and shall be held not later than sixty days thereafter. The clerk of the court shall give notice of the hearing by publication once each week for four consecutive weeks in a newspaper having a general circulation in each of the counties, in whole or in part, within the distric...

Section 6119.05 | Application for inclusion of territory.

...y time after the creation of a regional water and sewer district, any county, township, or municipal corporation whose territory is not wholly included within such district may file an application with such district setting forth a general description of the territory it desires to have included within such district, the necessity for the inclusion of such territory within the district, that it will be conducive to t...

Section 6119.051 | Petition for modification of district.

...At any time after the creation of a water and sewer district, the district, after action by its board of trustees, may file a petition in the court of common pleas requesting the order of such court permitting the district to: (A) Increase or add to its purposes heretofore approved by the court so long only as its purposes are those described in section 6119.01 of the Revised Code, or (B) Abandon or surrender any p...

Section 6119.06 | Rights, powers, and duties of trustees of district.

...of common pleas organizing the regional water and sewer district pursuant to section 6119.04 of the Revised Code and upon the qualifying of its board of trustees and the election of a president and a secretary, said district shall exercise in its own name all the rights, powers, and duties vested in it by Chapter 6119. of the Revised Code, and, subject to such reservations, limitations and qualifications as are set f...

Section 6119.061 | Continuing jurisdiction over water resource projects.

...(A) Whenever any portion of a regional water and sewer district is incorporated as, or annexed to, a municipal corporation, the area so incorporated or annexed shall remain under the jurisdiction of the district for purposes of the acquisition, construction, or operation of a water resource project until the water resource project has been acquired or completed or until the project is abandoned by the district....

Section 6119.07 | Board of trustees vested with power to run district.

...All the capacity of a regional water and sewer district shall be vested in and its authority shall be exercised by a board of trustees which shall manage and conduct the affairs of the district. The board shall by its rules and resolutions provide the procedure for its actions, the manner of selection of its president and secretary and other officers of the district, their titles, terms of office, compensation, duti...

Section 6119.071 | Grounds for removal of member of board of trustees.

... of the board of trustees of a regional water and sewer district who has been appointed to the board may be removed by the appointing authority for misfeasance, nonfeasance, or malfeasance in office. Prior to removing a member, the appointing authority shall notify the member of the facts supporting the proposed removal and shall provide the member an opportunity to appear before the appointing authority or at a publ...

Section 6119.08 | Rules and regulations of the district.

...o accomplish the purposes of a regional water and sewer district, to protect its projects, to secure the best results from the construction, operation, and maintenance thereof, and to prevent damage by the misuse of any such projects or by the pollution or misuse of the waters of the state within the district or without the district and served or affected by a project or projects of the district, the board of trustee...

Section 6119.09 | Use or service agreements.

...A regional water and sewer district may charge, alter, and collect rentals or other charges, including penalties for late payment, for the use or services of any water resource project or any benefit conferred thereby and contract in the manner provided by this section with one or more persons, one or more political subdivisions, or any combination thereof, desiring the use or services thereof, and fix the terms, con...

Section 6119.091 | Rental discounts.

...Code, a board of trustees of a regional water and sewer district may establish discounted rentals or charges or may establish another mechanism for providing a reduction in rentals or charges. If the board does so, the board shall establish eligibility requirements for such discounted or reduced rentals or charges, including a requirement that a person be eligible for the homestead exemption or qualify as a low- and ...

Section 6119.10 | Competitive bidding for certain contracts.

...The board of trustees of a regional water and sewer district or any officer or employee designated by the board may make any contract for the purchase of supplies or material or for labor for any work, under the supervision of the board, the cost of which shall not exceed the amount specified in section 9.17 of the Revised Code. When an expenditure, other than for the acquisition of real estate and interests in real ...

Section 6119.101 | Regional water and sewer district contract requirements.

...de, the board of trustees of a regional water and sewer district may comply with section 9.29 of the Revised Code regarding any contract for the engineering, repair, sustainability, water quality management, and maintenance of a water storage tank and appurtenant facilities.

Section 6119.11 | Eminent domain powers.

...on, the board of trustees of a regional water and sewer district may condemn for the use of the district any public or private land, easement, rights, rights-of-way, franchises, or other property within or without the district required by it for the accomplishment of its purposes according to the procedure set forth in sections 163.01 to 163.22 of the Revised Code. (B)(1) For the purposes of division (B) of th...

Section 6119.111 | Acquisition of interests in land.

...A regional water and sewer district may acquire by purchase, whenever it considers such purchase expedient, any land, property, rights-of-way, franchises, easements, and other interests in lands as it considers are necessary or convenient for the construction and operation of any water resource project, upon such terms and at such price as it considers reasonable and can be agreed upon between the district and the ow...

Section 6119.12 | Water resource revenue bonds and notes.

...A regional water and sewer district may, from time to time, issue water resource revenue bonds and notes of the district in such principal amount as, in the opinion of the board of trustees of the district, are necessary for the purpose of paying any part of the cost of one or more water resource projects or parts thereof. The district may, from time to time, issue renewal notes, issue bonds to pay such notes and, wh...

Section 6119.13 | Exemption from bond laws.

...The issuance of water resource revenue bonds and notes or water resource revenue refunding bonds under Chapter 6119. of the Revised Code need not comply with any other law applicable to the issuance of bonds or notes.

Section 6119.14 | Securing bonds and notes by trust agreements.

...In the discretion of a regional water and sewer district, any water resource revenue bonds or notes or water resource revenue refunding bonds or notes issued under Chapter 6119. of the Revised Code may be secured by a trust agreement between the district and a corporate trustee, which trustee may be any trust company or bank having the powers of a trust company within or without the state. Any such trust agreement ...

Section 6119.141 | Rights of holders of water resource revenue bonds or notes or trustees.

...Any holders of water resource revenue bonds or notes issued under Chapter 6119. of the Revised Code, or any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights given by such chapter may be restricted by the applicable resolution or such trust agreement, may, by suit, action, mandamus, or other proceedings protect and enforce any rights under the laws of the ...

Section 6119.15 | Water resource revenue bonds and notes and water resource revenue refunding bonds not a debt of state.

...Water resource revenue bonds and notes and water resource revenue refunding bonds issued pursuant to Chapter 6119. of the Revised Code, do not constitute a debt, or a pledge of the faith and credit, of the state or of any political subdivision thereof, and the holders or owners thereof have no right to have taxes levied by the general assembly or taxing authority of any political subdivision of the state for the paym...

Section 6119.151 | Deposit of funds.

...ties, and assets acquired by a regional water and sewer district under Chapter 6119. of the Revised Code, whether as proceeds from the sale of water resource revenue bonds or as revenues, or otherwise, shall be held by it in trust for the purposes of carrying out its powers and duties, shall be used and reused as provided in such sections, and shall at no time be part of other public funds. Such funds, except as othe...

Section 6119.16 | Investment in United States notes, bonds, or other obligations.

...Moneys in the funds of a regional water and sewer district, except as otherwise provided in any resolution authorizing the issuance of its water resource revenue bonds or in any trust agreement securing the same, in excess of current needs, may be invested in notes, bonds, or other obligations of the United States or of any agency or instrumentality thereof, or in obligations of this state or any political subdivisio...

Section 6119.17 | Tax levy to pay interest on and to retire bonds.

...Upon the creation of a regional water and sewer district, the board of trustees thereof may submit to the electors within the territorial limits of the district the question of issuing bonds of such district and also the necessity of the levy of a tax outside the limitation imposed by Section 2 of Article XII, Ohio Constitution, to pay the interest on and to retire the bonds. Such bonds when so approved by the electo...

Section 6119.18 | Tax levy for current expenses of district.

...The board of trustees of a regional water and sewer district, by a vote of two-thirds of all its members, may declare by resolution that it is necessary to levy a tax in excess of the ten-mill limitation for the purpose of providing funds to pay current expenses of the district or for the purpose of paying any portion of the cost of one or more water resource projects or parts thereof or for both of such purpos...

Section 6119.20 | Division of district into sewer districts for securing efficient sewerage.

... a view to the division of the regional water and sewer district into as many sewer districts as are necessary for securing efficient sewerage. Each of the districts shall be designated by name or number and shall consist of one or more main sewers with the necessary branch or connecting sewers, the main sewers having their outlets in a proper place. The districts shall be so arranged as to be independent of each ot...

Section 6119.21 | Plan to show main sewers and all branch sewers.

...The plan devised in accordance with section 6119.19 of the Revised Code shall be so prepared as to show the size, location, inclination, and depth below the surface of all main sewers and all branch sewers connected therewith.

Section 6119.22 | Notice of and examination of plan.

... the board of trustees of the regional water and sewer district shall give at least ten days' notice in one newspaper of general circulation in such area or give notice as provided in section 7.16 of the Revised Code, stating that such plans have been prepared and are filed in the office of the secretary of the board for examination and inspection by the parties interested. Any objection to such plan shall th...

Section 6119.23 | Plan amendment.

..., the board of trustees of the regional water and sewer district may amend such plan by providing for such intercepting sewers, without regard to sewer districts, as are necessary to furnish an additional outlet for the system so adopted, and to provide for the construction thereof as provided in sections 6119.01 to 6119.42, inclusive, of the Revised Code, and apportion the cost and expense thereof equitably among th...

Section 6119.24 | Designate portions of work required for immediate use.

..., the board of trustees of the regional water and sewer district shall designate such portions of the work as are required for immediate use. The designation shall be by districts or areas and shall show what districts, areas, or parts thereof are to be improved. The board may order its officers to make an estimate of the cost and expense of constructing the work or such portions thereof as have been designated and r...

Section 6119.25 | Publication of resolution of necessity.

...hen the board of trustees of a regional water and sewer district deems it necessary to construct all or a part of the sewers provided for in the plan devised in accordance with section 6119.19 of the Revised Code, the board shall declare by resolution the necessity thereof. Such resolution shall contain a declaration of the necessity of such improvement, a statement of the districts, areas, or parts thereof pro...

Section 6119.26 | Resolution for proceeding for improvement.

..., the board of trustees of the regional water and sewer district shall determine whether it will proceed with the proposed improvement or not. If the board decides to proceed with the improvement a resolution for that purpose shall be passed. Such resolution shall contain a statement naming the districts or parts thereof proposed to be constructed, the character of the material to be used, a reference to the plans an...

Section 6119.27 | Assessment and collection of assessment.

..., the board of trustees of the regional water and sewer district may assess the real estate as provided in the resolution to improve and collect such assessments, or may issue bonds in anticipation of the collection of such assessments before the work is done or contracted for. The board may delay such assessment until the work is completed and upon the filing of a certificate showing the completion of the work asses...

Section 6119.28 | Construction contracts award and payment.

...The construction contracts authorized in Chapter 6119. of the Revised Code shall be awarded to the lowest and best bidder in the manner provided in section 6119.10 of the Revised Code and shall be paid for in the same manner as provided for payment of municipal contracts in Chapter 735. of the Revised Code.

Section 6119.29 | Construction of main sewers and drains and branch sewers and drains without adoption of plan.

...nt, the board of trustees of a regional water and sewer district may provide for the construction of main sewers and drains and branch sewers and drains connecting therewith without previously adopting any plan of sewerage or division of the area or any part thereof into districts, and may assess the cost and expense of such construction upon such lots and lands as are designated in the resolution to improve, or such...

Section 6119.30 | Anticipation bonds and notes.

...The issuance of bonds and notes in anticipation of the collection of special assessments shall be accomplished as provided in Chapter 6119. of the Revised Code.

Section 6119.31 | Resolution for tax levy.

...cation, filtration, and distribution of water or proper collection and treatment of sewage within the county or a part thereof, or beyond the limits of the county but within the same drainage area as is in part within the county. Such resolution shall be confined to a single purpose and shall specify the amount of increase in rate which it is necessary to levy, not to exceed three-tenths of a mill, the purpose...

Section 6119.32 | Election on tax levy.

...A copy of the resolution provided for in section 6119.31 of the Revised Code shall be certified to the board of elections for the county not less than ninety days before the general election in any year and said board shall submit the proposal to the electors of the county at the succeeding November election in accordance with section 5705.25 of the Revised Code. If the per cent required for approval of a levy...

Section 6119.33 | Funds and proceed appropriated from levy.

...planning commission, or to any regional water and sewer district for the purpose of preparing plans for the proper purification, filtration, and distribution of water or proper collection and treatment of sewage.

Section 6119.34 | Right of entry.

...ty planning commission, or any regional water and sewer district undertaking the preparation of plans for the proper purification, filtration, and distribution of water or proper collection and treatment of sewage, or their authorized agents and employees, after proper notice, may enter upon any lands, waters, and premises in the state for the purpose of making or preparing surveys, soundings, drillings, examinations...

Section 6119.35 | Environmental protection agency to approve or reject plans.

...cation, filtration, and distribution of water or proper collection and treatment of sewerage, the board of county commissioners, the regional planning commission, the county planning commission, or any regional water and sewer district which has prepared such plans shall file a copy thereof with the environmental protection agency, which may approve or reject any provisions thereof. In deciding whether to approve or ...

Section 6119.36 | Issuing securities in lieu submitting tax levy to electors.

...cation, filtration, and distribution of water, the proper collection, treatment, and disposal of sewage, or the proper collection, control, abatement, or treatment of surface and subsurface drainage, each and all within the limits of the county or a part of the county or beyond the limits of the county but within the same drainage area as is in part within the county, and, if the board determines it to be necessary o...

Section 6119.37 | Civil service status of employees.

...uch political subdivision to a regional water and sewer district become the employees of such district, shall, while in the continuous employment of such district, not be reduced in pay or position, suspended, or removed except in accordance with section 124.34 of the Revised Code. (B) Division (C) of this section applies to the persons described in that division and to all former employees of a municipal corporatio...

Section 6119.38 | Auditing by state auditor.

...Any regional water and sewer district is subject to audit by the auditor of state, who shall furnish to each political subdivision whose territory is in whole or in part within such district a copy of his audit report.

Section 6119.39 | Public employees retirement system members.

...A regional water and sewer district is an employer and all employees of such district are public employees within the meaning of section 145.01 of the Revised Code. Such district and its employees are subject to Chapter 145. of the Revised Code.

Section 6119.40 | Exemption from taxes.

... by the board of trustees of a regional water and sewer district constitute the performance of essential governmental functions. Such district shall not be required to pay any taxes or assessments upon any real or personal property acquired, owned, used, or controlled by it under Chapter 6119. of the Revised Code, or upon the income or gross receipts therefrom, and the bonds and notes issued under such sections and t...

Section 6119.41 | Power to contract.

...The board of trustees of a regional water and sewer district may enter into contracts or other arrangements with the United States government or any department thereof, with persons, firms, or corporations, with public corporations and the state government of this state or other states, with drainage, conservation, conservancy, sewer, park, or other improvement districts in this or other states for co-operation or as...

Section 6119.42 | Levy and collection of special assessments.

...Any regional water and sewer district may levy and collect special assessments as provided in Chapter 6119. of the Revised Code. The board of trustees of such district may assess upon abutting, adjacent, contiguous, or other specially benefited lots or lands in the district all or any part of the cost connected with the improvement of any street, alley, or public road or place, or a property or easement of the distri...

Section 6119.43 | Purposes of special assessments.

...The cost of constructing a water resource project to be paid for directly or indirectly, in whole or in part, by funds derived from special assessments may include but need not be limited to: (A) The purchase price of real estate or any interest therein when acquired by purchase, or when acquired by appropriation; (B) The cost of preliminary and other surveys; (C) The cost of preparing plans, specifications, pr...

Section 6119.44 | Description of property to be assessed.

...provide funds for the construction of a water resource project, such lots and lands bounding and abutting upon the project may be described as all the lots and lands bounding and abutting upon such project between and including the termini of the project and those lots and lands which do not so bound and abut may be described by their appropriate lot numbers or by metes and bounds.

Section 6119.45 | Payment of assessments by annual installments.

...l assessments for the construction of a water resource project under Chapter 6119. of the Revised Code shall be payable in such number of annual installments, not less than one, and at such times as the board of trustees prescribes.

Section 6119.46 | Filing of resolution of necessity for special assessments.

... is considered necessary to construct a water resource project to be paid for in whole or in part by special assessments levied under Chapter 6119. of the Revised Code, plans, specifications, and profiles of the proposed project showing the anticipated grade of the project after completion with reference to any property abutting thereon, and an estimate of the cost of the project shall be prepared and filed in the of...

Section 6119.47 | Notice of estimates of special assessments.

...f the board of trustees of the regional water and sewer district, or a person designated by such secretary, upon the owners of the lots or parcels of land to be assessed for the proposed project, in the same manner as service of summons in civil cases, or by certified mail addressed to such owners at their last known addresses or to the addresses to which tax bills are sent, or by a combination of the foregoing metho...

Section 6119.48 | Objection to special assessments.

...f the board of trustees of the regional water and sewer district within twenty-eight days from the date of completion of the notice required under section 6119.47 of the Revised Code. Such objection shall include the address for mailing of the notice provided in section 6119.49 of the Revised Code. An owner who fails so to file such an objection shall be deemed to have waived any objection to his assessment.

Section 6119.49 | Assessment equalization board appointment and duties.

..., the board of trustees of the regional water and sewer district shall appoint an assessment equalization board consisting of three disinterested persons residing in the district, and shall fix the time and place for the hearing by such board of such objections, and the secretary of the board of trustees shall notify, by certified mail, the persons so objecting of the time and place of such hearing. Such notice shall...

Section 6119.50 | Claims for damages.

...f the board of trustees of the regional water and sewer district, setting forth the amount of the damages claimed and a general description of the property with respect to which it is claimed that such damages will accrue. An owner who fails to file such claim shall be deemed to have waived damages and shall be barred from filing a claim or receiving damages. This section applies to all damages which will obviously r...

Section 6119.51 | Resolution of intent to proceed with special assessment improvement.

...The board of trustees of a regional water and sewer district which has adopted a resolution under section 6119.46 of the Revised Code declaring the necessity of constructing a water resource project shall, after the expiration of the time for filing claims for damages under section 6119.50 of the Revised Code, and, in the event that objections to the estimated assessments have been filed under section 6119.48 of the ...

Section 6119.52 | Revision and finalization of assessments.

...A water resource project authorized under section 6119.51 of the Revised Code shall be constructed in accordance with section 6119.10 of the Revised Code and, after the actual cost of such project has been ascertained, the board of trustees of the regional water and sewer district shall by resolution assess, in the manner provided in the resolution of necessity adopted under section 6119.46 of the Revised Code, upon ...

Section 6119.53 | Penalty and interest.

...ed Code are pledged to the repayment of water resource revenue bonds or notes issued by the district, the interest accrued or to accrue before the first installment of such assessments shall be collected on such bonds or notes and shall be treated as part of the cost of the project for which such assessments are made. The assessments levied and collected or to be collected in installments which are pledged to the rep...

Section 6119.54 | Collection of special assessments.

...52 and 6119.58 of the Revised Code, and water resource revenue bonds or notes of the regional water and sewer district are issued pledging the same, the secretary of the board of trustees of the district shall on or before the second Monday in September of each year, certify such assessment to the county auditor, stating the amounts and the time of payment. The auditor shall place the assessment upon the tax list and...

Section 6119.55 | Proceedings for recovery of assessment.

...risdiction, in the name of the regional water and sewer district, to enforce the lien against the lots and lands charged with such assessment. Proceedings for the recovery of the assessment may be instituted by the district to enforce the lien against all the lots or lands, or any of them embraced in any one assessment, but the judgment or decree shall be rendered severally or separately for the amount assessed. Any...

Section 6119.56 | Lien of assessment or any installment.

...ode, and no longer, unless the regional water and sewer district, before the expiration of such time, causes it to be certified to the county auditor for entry upon the tax list and duplicate, for collection, or causes the proper action to be commenced in a court having jurisdiction thereof, to enforce the lien against such lots or lands, in which case the lien shall continue in force so long as the assessment or any...

Section 6119.57 | Additional assessment to supply deficiencies.

...roves insufficient to pay the cost of a water resource project, the board of trustees of a regional water and sewer district may levy an additional assessment to supply the deficiency. Such additional assessment shall be levied against the same properties as were assessed for the cost of the project and shall be assessed among such properties in the same proportion as the assessment for the cost of the project was le...

Section 6119.58 | Assessments for preparation of plans, specifications, estimates of cost, tentative assessments, and plan of financing.

...sments, and a plan of financing for any water resource project or part thereof, the board of trustees of a regional water and sewer district may levy upon the property in such district to be benefited by such project assessments apportioned in accordance with one or more of the methods set forth in section 6119.42 of the Revised Code. The aggregate of such assessments shall not exceed the amount determined by t...

Section 6119.60 | Polices for use of credit card accounts.

...tion, a board of trustees of a regional water and sewer district that holds a credit card account on the effective date of this section shall adopt a written policy for the use of credit card accounts. Otherwise, a board shall adopt a written policy before first holding a credit card account. The policy shall include provisions addressing all of the following: (1) The officers or positions authorized to use credit...

Section 6119.61 | Liability for loss of public funds.

...other officer or designee of a regional water and sewer district performing such duties and functions shall not be held liable for a loss of public funds when the fiscal officer, treasurer, compliance officer, or other officer has performed all official duties required with reasonable care, but shall be liable only when a loss of public funds results from the fiscal officer's, treasurer's, compliance officer's, or ot...

Section 6121.02 | Creation and organization of Ohio water development authority.

...There is hereby created the Ohio water development authority. Such authority is a body both corporate and politic in this state, and the carrying out of its purposes and the exercise by it of the powers conferred by this chapter shall be held to be, and are hereby determined to be, essential governmental functions and public purposes of the state, but the authority is not immune from liability by reason thereof. The ...

Section 6121.03 | Public policy of the state.

...tate through the operations of the Ohio water development authority under this chapter to contribute toward one or more of the following: (1) To preserve, protect, upgrade, conserve, develop, utilize, and manage the water resources of the state; (2) To prevent or abate the pollution of water resources; (3) To promote the beneficial use of waters of the state for the protection and preservation of the public he...

Section 6121.04 | Powers of Ohio water development authority.

...The Ohio water development authority may do any or all of the following: (A) Adopt bylaws for the regulation of its affairs and the conduct of its business; (B) Adopt an official seal; (C) Maintain a principal office and suboffices at places within the state that it designates; (D) Sue and plead in its own name and be sued and impleaded in its own name with respect to its contracts or torts of its members, em...

Section 6121.041 | Waste water facilities service area.

...default, by affecting the properties of waters of the state in a manner which renders such waters harmful or inimical to the public health, animal or aquatic life, or the use of such waters for domestic water supply, industrial or agricultural purposes, or for recreation, the director may request the Ohio water development authority to establish a waste water facilities service area for the purpose of eliminating suc...

Section 6121.042 | Rates or charges imposed upon the owners or occupants of lands within waste water facilities service area.

... constructing, or had constructed waste water facilities. For such purpose the legislative authority of a municipal corporation or the board of county commissioners of a county may by resolution define an area, within their respective jurisdictions, that will derive a benefit from the waste water facilities service provided under an order, and may fix and impose rates or charges upon the owners or occupants of lands ...

Section 6121.043 | Collection of charges for waste water facilities service area.

... and shall be paid directly to the Ohio water development authority. If a person fails to pay a charge within sixty days of the date due, the authority shall certify such charge to the county auditor, who shall place the charge on the real property tax list and duplicate against the property served. Such charge becomes a lien on such property from the date it is certified by the authority, and shall be collected in t...

Section 6121.044 | Financing project - exemption from tax or assessments.

...ith respect to projects which are waste water facilities or water management facilities, and the financing thereof, for industry, commerce, distribution, or research, including public utility companies, under agreements whereby the person to whom the project is to be leased, sub-leased, or sold or to whom a loan is to be made for the project is to make payments sufficient to pay all of the principal of, premium, if a...

Section 6121.045 | Fees and fines may not exceed loan principal.

...loan made under this chapter, the Ohio water development authority shall not charge any fees or fines that, in the aggregate, exceed an amount equal to the principal amount of the loan.

Section 6121.05 | Studies of proposed water development projects.

...necessary for the study of any proposed water development project, and may use its engineering and other forces, including consulting engineers and sanitary engineers, for the purpose of effecting such study. All such expenses incurred by such directors prior to the issuance of water development revenue bonds or notes under Chapter 6121. of the Revised Code, shall be paid by the respective directors incurring such ex...

Section 6121.06 | Water development revenue bonds and notes.

...(A) The Ohio water development authority, from time to time, may issue water development revenue bonds and notes of the state in such principal amount as, in the opinion of the authority, are necessary for the purpose of paying any part of the cost of one or more water development projects or parts thereof. The authority, from time to time, may issue renewal notes, issue bonds to pay those notes, and whenever i...

Section 6121.061 | Prevailing rates of wages of laborers and mechanics for class of work called for by project.

...The Ohio water development authority shall not issue any bonds or otherwise participate in any project authorized by this chapter or Chapter 6123. of the Revised Code unless the contract, resolution, or other written document setting forth the board's participation specifies that all wages paid to laborers and mechanics employed on the projects shall be paid at the prevailing rates of wages of laborers and mechanics ...

Section 6121.07 | Bond issuance need not comply with state requirements.

...The issuance of water development revenue bonds and notes or water development revenue refunding bonds under Chapter 6121. of the Revised Code need not comply with any other law applicable to the issuance of bonds or notes.

Section 6121.08 | Securing bonds or notes by trust agreement.

...In the discretion of the Ohio water development authority any water development revenue bonds or notes or water development revenue refunding bonds issued under Chapter 6121. of the Revised Code, may be secured by a trust agreement between the authority and a corporate trustee, which trustee may be any trust company or bank having the powers of a trust company within or without the state. Any such trust agreement ma...

Section 6121.09 | Protection and enforcement of rights of bondholder and trustees.

...Any holder of water development revenue bonds issued under Chapter 6121. of the Revised Code, or any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights given by such sections may be restricted by the applicable resolution or such trust agreement, may by suit, action, mandamus, or other proceedings, protect and enforce any rights under the laws of the state ...

Section 6121.10 | Water development revenue bonds and notes not a debt of state.

...Water development revenue bonds and notes and water development revenue refunding bonds issued under sections 6121.01 to 6121.22, inclusive, of the Revised Code, do not constitute a debt, or a pledge of the faith and credit, of the state or of any political subdivision thereof, and the holders or owners thereof have no right to have taxes levied by the general assembly or taxing authority of any political subdivision...

Section 6121.11 | Use of funds and property of water development authority.

...erties, and assets acquired by the Ohio water development authority under Chapter 6121. of the Revised Code, whether as proceeds from the sale of water development revenue bonds or as revenues, or otherwise, shall be held by it in trust for the purposes of carrying out its powers and duties, shall be used and reused as provided in such sections, and shall at no time be part of other public funds. Such funds, except a...

Section 6121.12 | Investment of funds of water development authority.

...Moneys in the funds of the Ohio water development authority, except as otherwise provided in any resolution authorizing the issuance of its water development revenue bonds, in any trust agreement securing its water development revenue bonds, or in any other resolution authorizing the investment of the funds of the authority, in excess of current needs, may be invested in notes, bonds, or other obligations of the Unit...

Section 6121.13 | Charge, alter, and collect rentals or other charges for use or services of water development project.

...The Ohio water development authority may charge, alter, and collect rentals or other charges for the use or services of any water development project and contract in the manner provided by this section with one or more persons, one or more governmental agencies, or any combination thereof, desiring the use or services thereof, and fix the terms, conditions, rentals, or other charges for such use or services. Such ren...

Section 6121.14 | Maintain, repair, operate water development authority project.

...Each water development project, when constructed and placed in operation, shall be maintained and kept in good condition and repair by the Ohio water development authority or the authority shall cause the same to be maintained and kept in good condition and repair. Each such project shall be operated by such operating employees as the authority employs or pursuant to a contract or lease with a governmental agency or ...

Section 6121.15 | Water development authority bonds are lawful investments.

...All water development revenue bonds issued under this chapter are lawful investments of banks, societies for savings, savings and loan associations, deposit guarantee associations, trust companies, trustees, fiduciaries, insurance companies, including domestic for life and domestic not for life, trustees or other officers having charge of sinking and bond retirement or other special funds of political subdivisions an...

Section 6121.16 | Exemption from taxes and assessments granted to Ohio water development authority.

...se. As the operation and maintenance of water development projects will constitute the performance of essential governmental functions, the Ohio water development authority shall not be required to pay any taxes or assessments upon any water development project, or upon any property acquired or used by the authority under Chapter 6121. of the Revised Code, or upon the income therefrom. The exemption from taxes and as...

Section 6121.17 | Purchase of land - conveyance by other governmental agencies.

...The Ohio water development authority may acquire by purchase, whenever it deems such purchase expedient, any land, property, rights, rights-of-way, franchises, easements, and other interests in lands as it deems are necessary or convenient for the construction and operation of any water development project, upon such terms and at such price as it considers reasonable and can be agreed upon between the authority and t...

Section 6121.18 | Appropriation of land by eminent domain.

...The Ohio water development authority may acquire by appropriation pursuant to division (J) of section 6121.04 of the Revised Code any land, rights, rights-of-way, franchises, easements, or other property necessary or proper for the construction or the efficient operation of any water development project. In any proceedings for appropriation under this section, the procedure to be followed shall be in accordance with ...

Section 6121.19 | Change location of public road, state highway, railroad, or public utility facility in connection with water development project.

...When the Ohio water development authority finds it necessary to change the location of any portion of any public road, state highway, railroad, or public utility facility in connection with the construction of a water development project, it shall cause the same to be reconstructed at such location as the division of government having jurisdiction over such road, highway, railroad, or public utility facility deems mo...

Section 6121.21 | Public meetings and records - confidentiality.

...All meetings of the Ohio water development authority shall be public and the records of the authority shall be open to public inspection at all reasonable times, except as otherwise provided in this section. All final actions of the authority shall be journalized and such journal shall also be open to the inspection of the public at all reasonable times. Any records or information relating to secret processes or sec...

Section 6121.22 | Liberal construction of chapter.

...Sections 6121.01 to 6121.22, inclusive, of the Revised Code being necessary for the welfare of the state and its inhabitants shall be liberally construed to effect the purposes thereof.

Section 6123.01 | Solid waste and energy resource development projects definitions.

...rately or in combination with any waste water facility as defined in section 6121.01 of the Revised Code acquired or to be acquired or constructed or to be constructed by the Ohio water development authority under this chapter, or acquired or to be acquired or constructed or to be constructed by a governmental agency or person with all or a part of the cost thereof being paid from a loan or grant from the authority u...

Section 6123.02 | Authority of Ohio water development authority.

...e purposes and the exercise by the Ohio water development authority of the powers conferred on it by Chapter 6123. of the Revised Code shall be held to be, and are hereby determined to be, essential governmental functions and public purposes of the state, but the authority shall not be immune from liability by reason thereof. Each member shall be reimbursed for his actual expenses necessarily incurred in the performa...

Section 6123.03 | Public policy.

...tate through the operations of the Ohio water development authority under this chapter to contribute toward one or more of the following: to provide for the comfort, health, safety, and general welfare of all employees and other inhabitants of the state and for the conservation of the land, air and water resources of the state through efficient and proper methods of disposal, salvage and reuse of or recovery of resou...

Section 6123.031 | Energy resource development facilities.

...he people of the state, to control air, water, and thermal pollution, or to dispose of solid waste, and pursuant to Section 13, Article VIII, of the Ohio Constitution, the Ohio water development authority may exercise the powers set forth in this chapter, with the approval of a project by the director of development, for the purpose of constructing or providing financial assistance for the construction of any energy ...

Section 6123.032 | Financial assistance for undertaking of voluntary action to control air, water, or thermal pollution.

...people of the state, or to control air, water, or thermal pollution, and pursuant to Section 13, Article VIII, Ohio Constitution, the Ohio water development authority may exercise the powers set forth in this chapter for the purpose of providing financial assistance for the undertaking of any voluntary action and shall establish a fund for providing such assistance. Determinations by resolution of the authority that ...

Section 6123.04 | Powers of Ohio water development authority.

... the purposes of this chapter, the Ohio water development authority may: (A) Adopt bylaws for the regulation of its affairs and the conduct of its business under this chapter; (B) Sue and plead in its own name; be sued and impleaded in its own name with respect to its contracts or torts of its members, employees, or agents acting within the scope of their employment, or to enforce its obligations and covenants made...

Section 6123.041 | Industry, commerce, distribution, or research projects financing arrangements.

... bonds issued for the project, the Ohio water development authority, in addition to other powers under this chapter, may do any or all of the following: (1) Make loans for the acquisition or construction of the project to the person upon such terms as the authority may determine or authorize, including secured or unsecured loans, and, for and in connection with, enter into loan agreements, accept notes and other for...

Section 6123.042 | Fees and fines may not exceed loan principal.

...loan made under this chapter, the Ohio water development authority shall not charge any fees or fines that, in the aggregate, exceed an amount equal to the principal amount of the loan.

Section 6123.05 | Funds for surveys or studies of proposed development project.

...Upon application by the Ohio water development authority, the controlling board may, from appropriations available to the authority, provide funds for surveys or studies by the authority of any proposed development project subject to repayment by the authority from funds available to it, within the time fixed by the board. Funds to be repaid shall be charged by the authority to the appropriate development project and...

Section 6123.06 | Revenue bonds and notes to fund development projects.

...The Ohio water development authority may issue revenue bonds and notes of the state at such times and in such principal amount as, in the opinion of the authority, are necessary for the purpose of paying any part of the cost of one or more development projects or parts thereof. The authority may likewise issue renewal notes and bonds to pay such notes and, whenever it deems refunding, including funding and retirement...

Section 6123.07 | Bond issuance need not comply with state requirements.

...The issuance of development revenue bonds and notes or development revenue refunding bonds under Chapter 6123. of the Revised Code need not comply with any other law applicable to the issuance of bonds or notes.

Section 6123.08 | Revenue bonds or notes or development revenue refunding bonds secured by a trust agreement.

...In the discretion of the Ohio water development authority, any development revenue bonds or notes or development revenue refunding bonds issued under Chapter 6123. of the Revised Code may be secured by a trust agreement between the authority and a corporate trustee, which trustee may be any trust company or bank having the powers of a trust company within or without the state. Any such trust agreement may pledge or ...

Section 6123.09 | Holder of development revenue bonds to enforce rights.

...resolution, to be performed by the Ohio water development authority or any officer thereof, including the fixing, charging, and collecting of rentals or other charges.

Section 6123.10 | Development revenue bonds and notes and development revenue refunding bonds not a debt.

...uch chapter does not authorize the Ohio water development authority to incur indebtedness or liability on behalf of or payable by the state or any political subdivision thereof.

Section 6123.11 | Ohio water development authority moneys, funds, properties, and assets held in trust.

...erties, and assets acquired by the Ohio water development authority under Chapter 6123. of the Revised Code, whether as proceeds from the sale of development revenue bonds or as revenues, or otherwise, shall be held by it in trust for the purposes of carrying out its powers and duties, shall be used and reused as provided in such chapter, and shall at no time be part of other public funds. Such funds, except as other...

Section 6123.12 | Investment of moneys in excess of current needs.

...Moneys of the Ohio water development authority, except as otherwise provided in any resolution authorizing the issuance of its development or water development revenue bonds or in any trust agreement securing the same, in excess of current needs, may be invested in notes, bonds, or other obligations of the United States, or of any agency or instrumentality thereof, or in obligations of this state or any political sub...

Section 6123.13 | Charge, alter, and collection of rentals or other charges for use or services of development project.

...The Ohio water development authority may charge, alter, and collect rentals or other charges for the use or services of any development project and contract in the manner provided by this section with one or more persons, one or more governmental agencies, or any combination thereof, desiring the use or services thereof, and fix the terms, conditions, rentals, or other charges for such use or services. Such rentals o...

Section 6123.14 | Maintenance and repair of development projects.

...n good condition and repair by the Ohio water development authority or the authority shall cause it to be maintained and kept in good condition and repair. Each such project shall be operated by such operating employees as the authority employs or pursuant to a contract or lease with a person or governmental agency. All public or private property damaged or destroyed in carrying out the powers granted by this chapter...

Section 6123.15 | Development revenue bonds lawful investments.

...All development revenue bonds issued under this chapter are lawful investments of banks, societies for savings, savings and loan associations, deposit guarantee associations, trust companies, trustees, fiduciaries, insurance companies, including domestic for life and domestic not for life, trustees or other officers having charge of sinking and bond retirement or other special funds of political subdivisions and taxi...

Section 6123.16 | No taxes or assessments upon development project, or property acquired or used by Ohio water development authority.

...ential governmental functions, the Ohio water development authority shall not be required to pay any taxes or assesments upon any development project, or upon any property acquired or used by the authority under Chapter 6123. of the Revised Code, or upon the income therefrom, nor shall the transfer to or from the Ohio water development authority of title or possession of any development project, part thereof, or item...

Section 6123.17 | Acquisition of real property interest.

...The Ohio water development authority may acquire by purchase, whenever it determines such purchase expedient, any land, property, rights, rights-of-way franchises, easements, and other interests in lands which it finds to be necessary or convenient for the construction and operation of any development project, upon such terms and at such price as it considers reasonable and are agreed upon between the authority and t...

Section 6123.18 | Reconstruction of road, highways, railroads or public utilities.

...When the Ohio water development authority finds it necessary to change the location of any portion of any public road, state highway, railroad, or public utility facility in connection with the construction of a development project, it shall cause the same to be reconstructed at such location as the division of government having jurisdiction over such road, highway, railroad, or public utility facility finds most fav...

Section 6123.20 | Public meetings and records.

...All meetings of the Ohio water development authority shall be public and the records of the authority shall be open to public inspection at all reasonable times, except as otherwise provided in this section. All final actions of the authority shall be journalized and such journal shall also be open to inspection of the public at all reasonable times. Any records or information relating to secret processes or secret m...

Section 6123.21 | Liberal construction of statutes.

...Sections 6123.01 to 6123.20 inclusive, of the Revised Code being necessary for the welfare of the state and its inhabitants shall be liberally construed to effect the purposes thereof.

Section 6131.01 | Single county drainage improvement definitions.

...s, underground cables, gas, sewage, and water systems, pipe lines and rights of way of public service corporations, and all other real property whether public or private. (C) "Improvement" includes: (1) The location, construction, reconstruction, reconditioning, widening, deepening, straightening, altering, boxing, tiling, filling, walling, arching, or any change in the course, location, or terminus of any ditch,...

Section 6131.02 | Authority of county commissioners to construct ditch improvements.

...sary for disposal or removal of surplus water, for controlled drainage of any land, for irrigation, for storage of water to regulate stream flow or to prevent the overflow of any land in the county, or for water conservation, and further finds that the construction of the improvement will be conducive to the public welfare and that the cost of the proposed improvement will be less than the benefits conferred by its c...

Section 6131.03 | Co-ordinating system of water conservation and flood control.

...t a complete or co-ordinating system of water conservation and flood control, subject to the approval of the proper authority of the state, with full power to maintain and carry the same forward. Said boards, severally and jointly and in co-operation with the board of county commissioners of any other county, or with a conservancy district, or with the state, or with the United States, may provide their respective sh...

Section 6131.04 | Petition for construction of single county drainage improvement.

..., walling, or arching any ditch, drain, watercourse, floodway, creek, run, or river; changing the course, location, or terminus thereof; or constructing a levee, wall, embankment, jetty, dike, dam, sluice, revetment, reservoir, holding basin, control gate, breakwater, or other structure for control of water; (2) The course and termini of the proposed improvement and the branches, spurs, or laterals, if any are peti...

Section 6131.05 | Petition amendments.

...(A) Any benefiting owner may file an amendment to a petition for a drainage improvement that expands the length of the proposed improvement, provided that such amendment does not expand the area to be benefited by the proposed improvement. An owner shall file the amendment not more than twenty-one days after the date of the view. Such owner shall not propose an amendment that expands either the area or number of parc...

Section 6131.06 | Bond to be filed with petition.

...(A) The petitioner shall file with the petition referred to in section 6131.04 of the Revised Code a bond in the sum of one thousand five hundred dollars, plus the sum of five dollars for each parcel of land in excess of two hundred parcels that are listed in the petition as lands that will benefit from the improvement. (B) The bond shall be made payable to the county, to the credit of the general drainage improvem...

Section 6131.061 | [Former R.C. 6131.57, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Record keeping.

...(A) The clerk of the board of county commissioners shall maintain a file for the proposed improvement containing a record of the petition, amendments, comments, notices, proceedings, resolutions, orders, and any other record regarding the proposed improvement that is filed with the board. (B) The county engineer shall maintain a file for the proposed improvement that contains a record of the petition, amendments t...

Section 6131.07 | Notice and hearing on petition.

...(A) When a petition is filed under section 6131.04 of the Revised Code with the clerk of the board of county commissioners, the clerk shall give notice of the petition to the board of county commissioners and the county engineer. (B) The board of county commissioners shall do both of the following: (1) Establish a date and hour for a view of the proposed improvement, which shall be between thirty and one hundred ...

Section 6131.08 | Comments on petition.

...Any owner who has not joined in a petition filed in accordance with section 6131.04 of the Revised Code may comment on the proposed improvement at any time before a final order on the petition is made by the board of county commissioners. Comments may be made in person at the public hearings on the petition or by filing written comments with the clerk of the board of county commissioners.

Section 6131.09 | Preliminary report by county engineer.

...(A) Upon receiving the notice required under division (A) of section 6131.07 of the Revised Code, the county engineer shall prepare a preliminary report on the proposed improvement, which shall include all of the following: (1) A preliminary estimate of the cost of the proposed improvement; (2) Comments on the feasibility of the project; (3) A statement of the engineer's opinion as to whether benefits from the ...

Section 6131.10 | Viewing of premises.

...(A) On the date established for the view of a proposed improvement, the county engineer or its designated representative shall present an overview of the proposed improvement, using methods and means that the board of county commissioners determines will adequately inform those attending the view about the proposed improvement's location and the drainage issues intended to be addressed by the proposed improvement. ...

Section 6131.101 | First hearing on petition for proposed drainage improvement.

...(A) At the first hearing on a petition for a proposed improvement, the board of county commissioners shall do both of the following: (1) Hear the preliminary report of the county engineer required under section 6131.09 of the Revised Code; (2) Hear any evidence offered by any owner for or against the granting of the proposed improvement or for or against the granting of any laterals, branches, spurs, or change of...

Section 6131.11 | Dismissal of petition - appeal.

...(A) If the board of county commissioners finds at the conclusion of the first hearing for a proposed improvement that a proposed improvement is not necessary, will not be conducive to the public welfare, or that the estimated cost of the proposed improvement will exceed the benefits to be derived if it is constructed, the board shall dismiss the petition for the proposed improvement and enter its findings upon its jo...

Section 6131.12 | Grant of petition.

...(A) At the conclusion of the first hearing on a petition for a proposed improvement, the board of county commissioners may decide to proceed with the project survey and design for a proposed improvement if the board finds all of the following: (1) That a proposed improvement is necessary; (2) That the proposed improvement is conducive to the public welfare; (3) That it is reasonably certain that the benefits of...

Section 6131.13 | Consolidation of petitions.

...The board of county commissioners, on application of owners interested or at its own discretion, may consolidate and treat as a petition for one improvement petitions pending at the same time for two or more separate improvements which connect with each other, or which serve common territory, or which can readily be combined into one system. In case of such consolidation, the board shall enter its action upon its jou...

Section 6131.14 | County engineer's duties.

...(A) Upon the board's determination to proceed with the project survey and design on a proposed improvement under section 6131.12 of the Revised Code, the clerk of the board of county commissioners shall immediately forward a copy of the board's findings and orders to the county engineer. (B) The county engineer shall do all of the following: (1) Conduct all necessary surveys for the proposed improvement; (2) Pr...

Section 6131.15 | Schedule of assessments.

...a) Acreage of a parcel; (b) Volume of water produced by a parcel; (c) Remoteness of the parcel to the improvement; (d) Percentage of the improvement used by the parcel; (e) Work determined to benefit that particular parcel only and not the remainder of parcels in the watershed; (f) Soils; (g) County auditor's land value or current agricultural use value, if applicable; (h) Existing drainage infrastructu...

Section 6131.16 | Notice of assessments and final hearing.

...(A) Upon the filing with the clerk of the board of county commissioners of the reports, plans, and schedules by the county engineer as provided in section 6131.14 of the Revised Code, the board of county commissioners shall fix a date not fewer than twenty-five nor more than ninety days thereafter when a final hearing on the report shall be held. (B) At least twenty-one days prior to the date established for the h...

Section 6131.17 | Exceptions to engineer's schedules of assessments.

...(A) An owner may file an exception to the county engineer's schedules of assessments or file a claim for damages or compensation with the clerk of the board of county commissioners not less than five days before the date of the final hearing in the proceedings to construct the improvement. (B) An owner shall include with an exception or claim for compensation or damage the nature of the exception or claim, the amou...

Section 6131.19 | Hearing on compensation or damages.

...(A) At the final hearing, or at such time the final hearing is adjourned to hear claims for compensation or damages, the board of county commissioners shall hear any competent evidence offered by any affected owner upon the county engineer's estimate of damages and upon any claim filed for compensation or damages. (B) Upon consideration of all the evidence, the county engineer's schedule of estimated damages, and a...

Section 6131.20 | Final hearing.

...At the final hearing on a proposed improvement, the board of county commissioners shall hear any application that is filed for a change of the route or course of the proposed improvement, or of either terminus thereof, from that shown in the report of the county engineer. The board may hear any application to make any change in the nature, kind, or extent of the work proposed to be done, as shown in the report of the...

Section 6131.21 | Factors to be considered by commissioners at final hearing.

...(A) At the final hearing on a proposed improvement, after hearing all the evidence offered in the proceedings and after receiving and considering all the schedules, plans, and reports filed by the county engineer, the board of county commissioners shall review its former order to proceed with project survey and design for the proposed improvement and shall either affirm its former order and proceed to confirm the ass...

Section 6131.22 | Approval and confirmation of assessments.

...(A) At the final hearing on a proposed improvement, if the petition is not dismissed, the board of county commissioners shall hear any evidence offered for or against the assessment proposed to be levied against any owner or on any land as shown by the schedule of assessments filed by the county engineer and shall hear any competent evidence on the question of benefits. (B)(1) The board, from the evidence offered a...

Section 6131.23 | Semiannual installments for payment of assessments.

...(A) The assessments estimated in accordance with section 6131.14 of the Revised Code shall be payable in not less than two semiannual installments. At the time of the final hearing, in the order approving the levying of the assessments, the board of county commissioners shall determine how long a period of time, in semiannual installments, as taxes are paid, shall be given the owners of land benefited to pay the asse...

Section 6131.24 | Preliminary steps for receiving bids for drainage improvements.

...(A) The board of county commissioners shall fix a date, time, and place at the final hearing for the county engineer to receive bids. The county engineer shall prepare the necessary bid documents and legal advertisements as provided in sections 307.87 and 307.88 of the Revised Code. (B) If an appeal has been taken to the court of common pleas, as provided in section 6131.25 of the Revised Code, the bids may be rece...

Section 6131.25 | Appeals.

...(A) Any affected owner may appeal to the court of common pleas within thirty days of the date that any order was issued by the board of county commissioners under this chapter, and may appeal any one or more of the following questions: (1) Is the improvement necessary? (2) Will the improvement be conducive to the public welfare? (3) Is the cost of the improvement greater than the benefits conferred? (4) Is th...

Section 6131.27 | Transcript of order for drainage improvement.

...If an appeal is filed pursuant to section 6131.25 of the Revised Code, the clerk of the board of county commissioners shall promptly prepare a transcript of the orders made by the board of county commissioners, and shall file such transcript with the clerk of the court of common pleas, together with the permanent files of records of the proceedings maintained by the board of county commissioners and county engineer a...

Section 6131.28 | Joinder and separation of appeals.

...Several owners may appeal from the orders in the same improvement. If several owners appeal, only one transcript need be made by the clerk of the board of county commissioners. All the appeals shall be filed in one action in the court of common pleas, which court, on any appeal, may separate for hearing or trial the issues appealed to said court, and render its order, judgment, or decree upon the issues as the same a...

Section 6131.30 | Appeal procedure in common pleas court.

...(A) The court of common pleas, on appeal, shall hear the matters appealed de novo. The court, exercising equitable jurisdiction, shall bring the entire proceedings before it in order to determine all the issues raised in the proceedings and enter a final judgment, order, or decree for or against the improvement petitioned for and for or against the assessments to be levied and the compensation and damages to be paid....

Section 6131.31 | Procedures for findings on appeal.

...(A) If the appeal is from an order of the board of county commissioners made at the first hearing dismissing the petition, and if the court of common pleas from the evidence adduced, including the county engineer's preliminary estimate of cost and preliminary report on feasibility of the project, but without a survey having been made by the county engineer and without any of the schedules, plans, or reports having be...

Section 6131.32 | Right of trial by jury.

...On appeal from an order made by the board of county commissioners allowing or refusing to allow compensation or damages, the owners interested shall have the right of trial by jury. The jury may view the premises, as in other civil cases.

Section 6131.33 | Jury verdict form.

...If there is more than one appellant in a trial by jury authorized under section 6131.32 of the Revised Code with separate claims on the question of compensation or damages or if there are issues as to different properties, the court may submit all the several claims and issues to the same jury, with appropriate verdicts as to each claim. The court also may direct separate trials for the separate claims and issues. Th...

Section 6131.34 | Costs and fees.

...If the appellants, on claims for compensation or damages, do not recover a judgment for more than the amount of compensation or damages awarded by the board of county commissioners, the costs on the hearing as to compensation or damages on appeal shall be taxed against the appellants. If the amount recovered is greater than the amount awarded by the board, the costs shall be taxed against the county. The prosecutin...

Section 6131.36 | Certification of transcript of common pleas proceedings to county commissioners.

...(A) After the final judgment, order, or decree upon any appeal is rendered by the court of common pleas, the clerk of the court of common pleas shall, within twenty-one days, make a transcript of the same and shall certify and transmit it with all original papers in the case to the clerk of the board of county commissioners, who shall forthwith enter the judgment, order, or decree upon the journal of the board. If th...

Section 6131.37 | Bids for drainage improvements.

...If no appeal has been taken to the court of common pleas at the time fixed in the notice to receive bids as provided by section 6131.24 of the Revised Code, or if an appeal has been taken at the time as stated in the notice given after the appeal has been determined, the county engineer shall receive bids. The contracts, bids, bonds, and bid guaranties shall be handled in accordance with sections 153.12 to 153.14 and...

Section 6131.38 | Bid requirements.

...The county engineer shall prepare the documents as specified in section 6131.24 of the Revised Code. If the improvement requires both labor and material that is used in and remains a part of the improvement, the bids referred to in section 6131.37 of the Revised Code shall state separately the bidder's offer upon each and for each bid item indicated on the form. If the plans or specifications do not name a specific g...

Section 6131.40 | Acceptance of bids.

...When the time has passed for the receiving of bids referred to in section 6131.37 of the Revised Code, the county engineer shall, as soon as is practicable, open, read aloud, and tabulate the bids and report them to the board of county commissioners with his recommendation of which bid, or combination of bids, in all respects is the best. No bid shall be accepted after the time designated for receiving bids. The boar...

Section 6131.41 | Contracts for drainage improvement.

...The acceptance of the bids in accordance with section 6131.40 of the Revised Code shall be approved by the board of county commissioners. Upon the acceptance of any bid for the whole or any part of an improvement, the bidder shall within ten days enter into a contract in writing to perform the work or furnish the material bid for as prepared by the county engineer. The board by an order entered on its journal shall r...

Section 6131.42 | Actions against contractor and bondsmen.

...Any owner who is assessed for the construction of any improvement may bring an action to enjoin the payment of any money owed a contractor who has not constructed the work according to the contract and specifications until the contractor has constructed the improvement according to the contract and specifications. The remedies provided in this section are in addition to all other remedies provided by law.

Section 6131.43 | Assessments for drainage improvements.

...(A) Upon the completion of the work and the approval of it by the county engineer, the board of county commissioners shall order the county auditor to reduce pro rata the assessments confirmed by it by the difference between the estimated cost of the construction and the final cost as certified by the county engineer. The assessments so reduced, including the cost of location, engineering, compensation, damages, and ...

Section 6131.45 | Extending the contract time.

...The time fixed in a contract for the performance of any work or the furnishing of any material, on good cause shown by affidavit, may be extended by the board of county commissioners with the approval of the county engineer for any definite period that it finds is reasonably necessary to complete the work or furnish the material under the contract. In case of such extensions the contractor's bond and any sureties the...

Section 6131.46 | Supervision and inspection of county engineer or deputy.

...All work on an improvement and all materials furnished for use therein shall be under the supervision and inspection of the county engineer or a deputy appointed by him for the purpose. All material furnished under the specifications and contract shall be inspected by him before use and within a reasonable time after the same is delivered and placed upon the line of the improvement or such other place as is designate...

Section 6131.47 | Notice to remove or alter obstruction.

...ces and floodgates impeding the flow of water shall be removed as a part of the drainage improvement. Replacement may be made by the owner, provided that prior written approval is obtained from the county engineer. (E) The county engineer shall cause notice to be given to the owner not later than seven days in advance of removal or alteration of a culvert, bridge, fence, or floodgate. (F) Any owner may furnish th...

Section 6131.50 | General drainage improvement fund.

...(A) The board of county commissioners of each county may provide and establish the "general drainage improvement fund," to be used as a sinking fund for all bonds issued under sections 6131.01 to 6131.64, inclusive, of the Revised Code. (B) The fund may consist of any of the following: (1) Any taxes levied and collected for ditch and drainage purposes under county levies, not by law otherwise disposed of; (2) ...

Section 6131.51 | General drainage improvement fund payments.

...(A) All costs and expenses of improvements under this chapter, including contract prices of construction and the costs of locating the improvement, may be paid from the general drainage improvement fund. (B) The letting and approving of any contract for an improvement shall be considered a specific appropriation of the amount of the obligation, and that amount shall be set apart for the purpose of the payment and ...

Section 6131.52 | Tax levy for drainage improvements by county commissioners.

...(A) If necessary, the board of county commissioners, each March, shall levy upon the grand duplicate of the county a tax, not to exceed five-tenths of one mill on the dollar, that is sufficient to pay for the location and construction of the portions of the respective improvements located by the board or for which the county has been assessed under this chapter or Chapter 6133., 6135., or 6137. of the Revised Code. W...

Section 6131.53 | Tax levy for drainage improvements by township trustees.

...The board of township trustees of a township to which is apportioned by the board of county commissioners a portion of the expenses of the construction of an improvement shall levy annually upon the grand duplicate of the township a tax sufficient to pay said apportionment, but not to exceed five tenths of one mill on a dollar, and shall certify this to the county auditor on or before the fifteenth day of May in each...

Section 6131.54 | Tax levy for drainage improvements by board of education.

...If it is a party to an improvement under sections 6131.01 to 6131.64, inclusive, of the Revised Code, the board of education of a school district interested in land granted by congress for the support of public schools, unless such land has been permanently leased, and of a school district owning or holding other land for school purposes, when an assessment is made upon said land under such sections, shall pay for su...

Section 6131.55 | Rights and remedies of owner who has not received notice.

...(A) Any owner of land affected by an improvement who has not received notice thereof and has not had an opportunity to be heard as provided in this chapter or Chapter 6133., 6135., or 6137. of the Revised Code may bring an action in the court of common pleas of the county wherein the owner's land is located, against the board of county commissioners in its official capacity, to recover any tax or assessment paid, to ...

Section 6131.58 | Fees.

...The fees to be charged and collected for services required of any public officer under sections 6131.01 to 6131.64, inclusive, of the Revised Code, if not specifically otherwise designated, shall be the fees allowed for like services in that office. If he is an officer receiving a salary, then such fees collected shall be in a like manner accounted for. Publication of notices as required in such sections shall be pa...

Section 6131.59 | Drainage improvement - public watercourse.

...vement consisting of a ditch, drain, or watercourse has been established and constructed or used for seven years or more, it shall be considered to be a public watercourse notwithstanding any error, defect, or irregularity in the location, establishment, or construction thereof, and the public shall have and possess in and to any such watercourse that has thus been constructed or used for seven years the rights and p...

Section 6131.60 | Personal interest of county commissioner.

...If one or more members of a board of county commissioners are petitioners for an improvement or own land that will be taken, benefited, or damaged by the improvement petitioned for, the clerk of the board of county commissioners shall notify the judge of the court of common pleas of the county who shall within ten days appoint as many disinterested owners of the county as are necessary to take the place of the intere...

Section 6131.61 | Oath of witnesses.

...In any hearing provided for in sections 6131.01 to 6131.64, inclusive, of the Revised Code, before a board of county commissioners, at which testimony to determine any fact is to be received, an oath as in trials in the court of common pleas shall be administered to all witnesses before they testify. Such oath may be administered by the president of the board.

Section 6131.63 | Written agreement for construction of drainage improvement.

...he purpose of providing a more adequate waterway along a highway or at the site of a bridge or culvert or to improve conditions of flow through them or for the purpose of protecting the highway or road bed and that do not limit future deepening of the channel.

Section 6131.631 | New single span bridge or culvert or extension of existing culvert limiting future deepening of public watercourse.

... limit the future deepening of a public watercourse is contemplated in connection with the construction of a state highway or other public improvement, the director of transportation or other public agency proposing the construction shall file plans for the construction with the clerk of the board of county commissioners of the county in which the construction or improvement is to be constructed. (B) The clerk shal...

Section 6131.64 | Vacation of ditch or drain.

...(A) Upon a petition being filed and a bond given as provided for the location and construction of an improvement, and upon the same proceedings with notice to interested parties for a hearing upon the petition, and with the same hearing as is provided for the location of an improvement, the board of county commissioners may determine whether any ditch or drain described in the petition has ceased to be a public utili...

Section 6133.01 | Joint county drainage improvements definitions.

...As used in this chapter: (A) "Owner," "person," "public corporation," "land," "benefit," and "improvement" have the same meanings as in section 6131.01 of the Revised Code. (B) "Lead county" means the county in which the majority of the initial length of a joint county drainage improvement would be located, as specified in an original petition filed under section 6133.02 of the Revised Code.

Section 6133.02 | Hearing - filing petition.

...(A) When an improvement is proposed to be located in or benefits or damages land in two or more counties, the proceeding shall be conducted by a joint board of county commissioners consisting of the members of the boards of county commissioners of the several counties in which land may be benefited or damaged by the proposed improvement. (B) The petition for a joint county drainage improvement shall be filed with ...

Section 6133.03 | Procedure of joint board.

...(A) A joint board of county commissioners may do all the things that a board of county commissioners may do in a single county improvement, and shall be governed by and be subject to sections 6131.01 to 6131.64 of the Revised Code, relating to single county ditches insofar as applicable. (B) Except as otherwise provided for in this chapter, a petition for a joint county improvement shall proceed before the joint b...

Section 6133.04 | Organization of joint board.

...(A) On the date fixed by the clerk of the board of county commissioners with whom the petition was filed, the board of county commissioners from each of the counties affected by a proposed joint county improvement shall meet and organize a joint board of county commissioners by electing one of their number president. (B) The clerk of the board of county commissioners of the lead county shall act as clerk and admin...

Section 6133.041 | Conduct of proceedings using electronic means.

...(A) Notwithstanding any other provision of this chapter or Chapter 6131. of the Revised Code to the contrary, a joint board of county commissioners, when practicable, may conduct meetings by video conference or, if video conference is not available, by teleconference. The joint board of county commissioners shall make provisions for public attendance at any location involved in such a meeting. The joint board shall e...

Section 6133.05 | Costs and expenses of joint board.

...(A) As used in this section, "actual expenses" means the actual expenses of the members of the joint board of county commissioners for the performance of their duties at places other than in their own county. (B) If a petition filed under section 6133.02 of the Revised Code is dismissed, the actual expenses shall be paid by the petitioners. (C) If a petition filed under section 6133.02 of the Revised Code is gran...

Section 6133.06 | Duties of clerk.

...(A) Upon the filing of a petition under section 6133.02 of the Revised Code, the clerk of the board of county commissioners of the lead county shall call a joint meeting of the boards of county commissioners of all affected counties to be held at a designated place in the affected area at a date not more than thirty days after the filing of the petition for the purpose of organizing the joint board. (B) The clerk ...

Section 6133.07 | Duties of lead county auditor and lead county treasurer.

...(A)(1) The county auditor and county treasurer of the lead county are the fiscal agents of all the counties interested in the proposed improvement. (2) The clerk of the joint board shall present bills for payment to the fiscal agents in the same manner as a request for payment would be made with respect to a single county drainage improvement. (3) The fiscal agents shall process and pay each bill for the joint b...

Section 6133.08 | Field work and surveys.

...(A) The county engineer of the lead county is responsible for the field work and shall make the survey, plans, and estimates for the joint drainage improvement. The county engineer of each affected county shall assist in making the reports and schedules. All reports and schedules of the lead county's county engineer shall be signed and approved by all the county engineers of the several affected counties and shall be...

Section 6133.09 | Compensation or damage claims.

...(A) The hearing on the reports and schedules of the county engineers provided for by section 6133.08 of the Revised Code and all other proceedings relative to a proposed joint county improvement shall be had the same as in single county drainage improvements. (B) Claims for compensation for land taken or for damages to land may be appealed by an affected owner, or by the prosecuting attorney, to the court of commo...

Section 6133.10 | Appeals.

...(A) All appeals to the court of common pleas except appeals on claims for compensation or damages shall be heard by a panel of judges consisting of one judge of the court of common pleas from each of the affected counties. (1) If the panel cannot reach a decision, the panel may request the addition of a judge from a court of common pleas in the area of the state in which the joint drainage improvement is located. ...

Section 6133.11 | Appeal when joint board unable to agree.

...(A) If a joint board of county commissioners approves a proposed joint drainage improvement but, at the final hearing for the improvement, is unable to agree on the amount to be assessed to an affected county for improvements conducive to the public welfare, or of benefit to public highways or land owned by an affected county, the joint board shall by resolution state that the joint board is not able to agree on the ...

Section 6133.14 | Payment of assessment against state.

...The state shall pay to the county treasurer of the lead county the assessment levied against it for the state's proportionate share of the cost of any improvement authorized or constructed under sections 6131.01 to 6131.64, 6133.01 to 6133.15, and 6135.01 to 6135.27 of the Revised Code and all unpaid assessments for maintenance as provided by sections 6137.01 to 6137.12 of the Revised Code.

Section 6135.01 | Procedure where more than one county or state affected by improvement.

...Where the board of county commissioners has been notified that a petition for the improvement of a ditch or drain has been regularly filed with the clerk of the board of county commissioners thereof, then said board shall proceed as in single county ditches, if lands affected by said improvement lie wholly in one county, and shall proceed as in joint county ditches if two or more counties are affected, and shall orde...

Section 6135.02 | Notice of organizational meeting.

...Upon the filing of the engineer's report with the clerks of the boards of county commissioners of the counties affected in this state, the clerk of the county in which the petition was filed shall notify in writing the proper officials of the counties of the adjoining state of the filing of said report. A copy of the petition and bond shall be attached thereto. The notice shall state the time and place of meeting for...

Section 6135.03 | Organizational meeting.

...After receiving notice by the clerk of the board of county commissioners of the time and place of the meeting as provided in section 6135.02 of the Revised Code, the boards of county commissioners shall proceed at such time and place to form themselves into a joint board for the purpose before them by electing one of their number as president and another as clerk. The president and clerk shall not both be selected f...

Section 6135.04 | Voting of Ohio members.

...Without regard to the number of each board of county commissioners present at the meeting referred to in section 6135.03 of the Revised Code, the members from this state shall have the casting of one half of all votes on all questions, which vote shall be represented equally by the different members present of the boards from this state.

Section 6135.05 | Adjournment.

...If the boards of county commissioners of the different counties of the state, or a quorum of the board of each county affected fails to meet as provided in section 6135.03 of the Revised Code, they shall adjourn until such time as they shall again receive like notice as provided by section 6135.02 of the Revised Code for their first meeting.

Section 6135.06 | Joint board hearing and view of premises.

...ng or deepening of the ditch, drain, or watercourse in substantial conformity with the prayer of the petition. If the route described is not the best in its opinion, it shall locate the improvement on the route best adapted to secure the relief desired, with the best contingent results, and may locate all the necessary branch ditches. If it finds against the location, deepening, or widening of the improvement, no fur...

Section 6135.07 | Locating main ditch.

...The joint board of county commissioners may locate in this state that part of the main ditch, or any of its tributaries, which will lie partially in both states or which will drain lands of both states.

Section 6135.08 | Engineer - adjournment - capacity of Improvement,.

...If the joint board of county commissioners finds it necessary, it may employ an engineer to determine the proper route on which a ditch or its branches shall be located. No engineer shall be employed by such joint board until it has determined that the improvement is necessary for the public welfare, health, or convenience. In their view of such route and in their deliberations over it, the members of the joint boar...

Section 6135.09 | Full report of proceedings and findings.

...The clerk of the joint board of county commissioners shall make a full report of its proceedings and findings, signed by himself and the president of the joint board, which shall be read before the joint board. A copy thereof shall be sent to the clerk of the board of county commissioners of each county affected in Ohio, and to the proper officer of each county affected in the other state.

Section 6135.10 | Engineers from other states affected.

...After the adjournment of the joint board of county commissioners, if its report, as provided in section 6135.09 of the Revised Code, is in favor of the location, the members thereof from this state shall select a competent engineer to meet one to be appointed by the proper authorities of the other state joining with them in the proceedings.

Section 6135.11 | Bond of engineers.

...The engineer appointed in accordance with section 6135.10 of the Revised Code shall file a bond with the county auditor of each county in this state affected by the improvement, in the sum of one thousand dollars, with two approved sureties, conditioned for the faithful performance of his duties.

Section 6135.12 | Engineer duties.

...The engineer appointed in accordance with section 6135.10 of the Revised Code, with the engineer from the adjoining state joining in the matter, shall perform all duties as prescribed for the county engineer in sections 6131.14 and 6131.15 of the Revised Code.

Section 6135.14 | Notice of receipt of reports, plans, and schedules.

...On the receipt of the reports, plans, and schedules required by section 6135.12 of the Revised Code, the clerk of the board of county commissioners of the county in which the petition was filed shall notify the joint board of county commissioners of the receipt thereof as in the case of the filing of a petition and bond as provided in section 6135.02 of the Revised Code. The clerk shall send a copy of the report to a...

Section 6135.15 | Rules of joint board.

...The joint board of county commissioners, on assembling for the meeting set by the clerk of the board of county commissioners under section 6135.14 of the Revised Code, shall be governed by like rules as provided by law for the first meeting thereof. They may call to their assistance the engineers who surveyed and planned the proposed improvement.

Section 6135.16 | Approval or amendment of engineer's report.

...The joint board of county commissioners shall approve or amend the report filed by the engineers, as required by section 6135.12 of the Revised Code. The report so approved shall be a final division of the estimated costs of construction and the entire costs of location between the states. They shall send a copy of their report, certified by the president and clerk of the joint board, to the proper official of each c...

Section 6135.17 | Right of entry.

...The proper authorities in the adjoining state, joining with the counties in this state in an interstate county ditch project, may enter upon lands in this state, along any portion of said located ditch or its tributaries, to perform work which is assigned them to do by the joint board of county commissioners when in session.

Section 6135.19 | Assessment of land not mentioned in first report.

...The further proceedings of the joint board of county commissioners shall be in conformity with the laws for the location of county or joint county ditches taken at this stage of the proceedings. The boards of county commissioners, at their hearing on the apportionment made, may assess any other owners and lands not mentioned in the first report of the engineers, which they deem to be benefited thereby. The owners sha...

Section 6135.20 | Work outside state.

...t or construction of a ditch, drain, or watercourse, as provided by law, may cause to be performed any work which is assigned to them outside of the limits of this state in a like manner as under the laws for similar duties, if the necessary privilege to do so has been granted by the legislature of the state where said lands are located through which such work is to be constructed.

Section 6135.21 | Fees.

...The fees of all officials and assistants in the improvement and construction of ditches, as provided in sections 6135.01 to 6135.20, inclusive, of the Revised Code, shall be as for like services in county ditch work.

Section 6135.22 | Filing claims for compensation and damages.

...Claims for compensation and damages shall be filed with the clerk of the joint board on or before the day of hearing on the apportionment. Such claims as are allowed, with costs of location actually incurred, shall be paid out of the county fund.

Section 6135.23 | Construction or improvement of outlet outside state.

...on or improvement of a ditch, drain, or watercourse in such county, the waters from which flow into or through an adjoining county in another state, and it is of the opinion that the outlet for such proposed improvement is insufficient, it may enter into an agreement with the proper officials of such adjoining county for the construction or improvement of the outlet for such ditch, drain, or watercourse by such lower...

Section 6135.24 | Bonds issued to pay costs of improvements.

...When the board of county commissioners of the upper county deems it expedient to do so, it may issue bonds of the county to raise the money necessary to pay the costs, including the amount agreed to be paid to the lower county, as provided by section 6135.26 of the Revised Code, in the manner provided by law in the case of a single county ditch.

Section 6135.25 | Construction or improvement of outlet within state.

...is state, desire to have the outlet for water flowing in a ditch, drain, or watercourse from such upper adjoining county into or through a lower county in this state enlarged or improved, the board of county commissioners of such lower county may enter into an agreement with the proper officials of such upper adjoining county for the improvement of such outlet by the lower county and for the payment to the lower coun...

Section 6135.26 | Journalizing agreement for improvement.

...When the board of county commissioners enters into an agreement with the proper officials of an adjoining county in another state, under sections 6135.23 to 6135.25, inclusive, of the Revised Code, it shall make an entry upon its journal setting forth fully and particularly the terms of such agreement, as to the extent and nature of the outlet to be constructed or improved, the time within which it is to be completed...

Section 6135.27 | Matters not expressly covered.

...In all matters pertaining to the location and construction of an improvement, not expressly provided for in sections 6135.23 to 6135.26, inclusive, of the Revised Code, the board of county commissioners shall be governed by laws providing for the location and construction of county ditches.

Section 6137.01 | Drainage improvement maintenance fund definitions.

...As used in this chapter: (A) "Owner," "benefit," "lead county," and "improvement" have the same meanings as in section 6131.01 of the Revised Code. (B) "Force account" has the same meaning as in section 5543.19 of the Revised Code.

Section 6137.02 | County drainage improvement maintenance fund.

...(A) The board of county commissioners of each county shall establish and maintain a fund within each county for the repair, upkeep, and permanent maintenance of each improvement constructed after August 23, 1957, under Chapter 940., 6131., 6133., or 6135. of the Revised Code. (B) If the improvement affects only a single county of the state, the board of county commissioners of that county shall establish and maint...

Section 6137.03 | Annual drainage improvement maintenance assessment.

...(A)(1) The maintenance fund shall be maintained, as needed, by an assessment levied not more often than once annually upon the benefited owners apportioned on the basis of the estimated benefits for all costs of the improvement. (2) An assessment shall represent such a percentage of the estimated benefits as is estimated by the engineer and found adequate by the board or joint board to effect the purpose of sectio...

Section 6137.04 | Drainage maintenance district.

...(A)(1) The board of county commissioners, upon recommendation of the county engineer, may combine improvements into a drainage maintenance district, in which the maintenance assessment shall be the same percentage of original cost for each improvement to be maintained. (2) In combining improvements into drainage maintenance districts, the county engineer and the board of county commissioners shall consider similar...

Section 6137.05 | Repair or maintenance projects.

...y engineer may contract with a soil and water conservation district for the repair, upkeep, and permanent maintenance of any drainage improvement for which the county engineer is responsible, whether as the county engineer or as the lead county engineer.

Section 6137.051 | Drainage repair upon complaint of assessed owners.

...(A) Whenever the owner of any lands assessed for construction of an improvement authorized prior to August 23, 1957, files a written complaint that the improvement is in need of repair, the county engineer or the county engineer's designated representative shall make an inspection of the condition of the improvement within sixty days of receipt of the complaint and shall request the owner to be present at the inspect...

Section 6137.06 | Count and joint county drainage improvements.

...(A) With regard to a single county improvement, the county engineer has general charge and supervision of the repair and maintenance of all county drainage improvements constructed under Chapters 940., 6131., 6133., and 6135. of the Revised Code. With regard to a joint county improvement, the lead county engineer has general charge and supervision of the repair and maintenance of all joint county drainage improvem...

Section 6137.07 | Drainage equipment.

...(A) As used in this section, "drainage equipment" means machinery, tools, conveyances, or other equipment for the repair and maintenance of drainage improvements a board of county commissioners considers necessary. (B) The board of county commissioners may do both of the following: (1) Purchase drainage equipment; (2) Provide a suitable place to house and store the drainage equipment. The county engineer shal...

Section 6137.08 | Reduction in maintenance assessment application.

...poses on any portion of a public ditch, watercourse, or other improvement. The application shall be filed with the county engineer on or before the first day of May in any year and shall state the nature of the work to be done, such as clearing brush, removing silt or debris, repair of structure, or other work necessary to preserve the improvement. (B) The county engineer, in making inspections of the drainage imp...

Section 6137.09 | Certificate for reduction in maintenance assessment.

... that will reduce the runoff of surface water and the erosion of sediment and silt into drainage channels. The certificate shall be signed by the president and the secretary-treasurer of the soil and water conservation district board of supervisors and it shall remain in effect until canceled by the board of county commissioners. (B) The county engineer may inspect the premises of any owner claiming assessment red...

Section 6137.10 | Additional repair assessment for damages.

...ing out or repair of a ditch, drain, or watercourse, repair or replacement of tile, or repair of any abutment, catch basin, retaining wall or other improvement is made necessary in whole or in part by the negligent acts or omissions of an owner, the board of county commissioners shall conduct a hearing regarding the acts or omissions. The board shall give notice of the hearing thirty days prior to the hearing pursuan...

Section 6137.11 | Permanent base for maintenance assessments.

...(A) The original schedule of benefit assessments upon owners for the construction of any improvement shall be maintained by the county auditor as the permanent assessment base for maintenance. The county auditor shall levy the maintenance assessments in such percentage of the permanent assessment base as is authorized by the board of county commissioners. (B) Before certifying the percentage of the permanent assess...

Section 6137.111 | Alternative levy of assessments apportioned according to tax value.

...(A) In lieu of the permanent assessment base and procedure specified in section 6137.11 of the Revised Code, the board of county commissioners may by resolution levy upon the benefited property assessments apportioned according to tax value. The assessments shall be in the amount determined by the board to be necessary to obtain funds for the maintenance fund. (B) Prior to the adoption of a resolution levying the a...

Section 6137.112 | Permanent base review of improvements; estimation of construction cost.

...(A) At the time that the board of county commissioners reviews the permanent assessment base of an improvement after six annual assessments have been made as provided in section 6137.11 of the Revised Code, the board may request the county engineer to estimate the construction cost of the improvement if that improvement were to be constructed at the time of the permanent assessment base review. Not less than thirty d...

Section 6137.12 | Permanent easement for maintenance and cleaning of drainage improvements.

...(A) In the cleaning, repair, and other maintenance work on drainage improvements, the persons whose duty it is to perform the maintenance work may go upon the adjoining or abutting lands within the permanent easement necessary for proper operation of the required machinery, tools, motor vehicles, conveyances, or other equipment. (B)(1) In the case of open ditches, the permanent easement so used shall be not more th...

Section 6137.13 | Cleaning or repair of interstate ditches.

...That part of interstate drainage improvements within the state may be cleaned or repaired pursuant to sections 6137.01 to 6137.12 of the Revised Code.

Section 6137.14 | Inspection for violations by county engineer.

...The county engineer, in inspecting drainage channels, shall note any and all apparent violations of sections 6111.01 to 6111.04 of the Revised Code, as such sections refer to the pollution of drainage channels. Whenever it appears to the county engineer that there may be a violation of section 6111.04 of the Revised Code, the county engineer shall notify the director of environmental protection, setting forth any thi...

Section 6137.15 | Agreements with local soil and water conservation districts.

...ter into agreements with local soil and water conservation districts for the purposes of planning, constructing, or maintaining works of improvement constructed under Chapters 6131., 6133., 6135., 6137., and 6151. of the Revised Code.

Section 6151.01 | Power of county commissioners to straighten watercourses.

..., or clean out a river, creek, or other watercourse, and for such purpose may acquire the necessary property and settle all claims for damages of any persons interested. The expenses so incurred shall be payable out of the funds provided for the protection or construction of said bridge or road.

Section 6151.02 | Resolution for appropriation of property.

...In order to acquire property as provided in section 6151.01 of the Revised Code by appropriation proceedings, the board of county commissioners shall adopt a resolution declaring the necessity therefor; and shall then proceed in accordance with sections 163.01 to 163.22, inclusive, of the Revised Code.

Section 6151.09 | Protection of bridge or road.

...missioners may cause a river, creek, or watercourse to be straightened or cleaned out for the protection of any bridge or road within its control.

Section 6151.13 | Cost of letting work.

...All cost of letting the work as authorized by sections 6151.01, 6151.02, and 6151.09 of the Revised Code, the expense of the work, and other expenses therein shall be paid from the bridge or motor vehicle license and gasoline tax funds of the county when the work is accepted and approved by the board of county commissioners, which shall direct the payment thereof.

Section 6151.14 | Removal of drift.

... commissioners may remove from a river, watercourse, or creek, within the county, drift, timber, piling, or other obstruction placed or negligently allowed to remain therein by a person that obstructs to any extent the free flow of the water or endangers a county or township road, after giving thirty days' notice to the person or an agent thereof, to remove the obstruction within that time. The expenses of the remov...

Section 6155.01 | Application for removal of milldam.

...ining or adjacent to a stream of living water for the removal of a milldam therein shall be made by filing with the county auditor a petition signed by at least two thirds of said owners, stating the necessity for such improvement and the removal of the milldam, with a sufficient bond with sureties to the acceptance of the auditor, conditioned to pay all expenses incurred in case the board of county commissioners ref...

Section 6155.02 | Notice of petition for removal.

...The county auditor shall give notice to the board of county commissioners of the filing and pendency of the petition provided for in section 6155.01 of the Revised Code, and the board shall forthwith designate when and where it will meet to hear the petition and complete its proceedings thereon.

Section 6155.03 | Notice of hearing on petition.

...The principal petitioner under section 6155.01 of the Revised Code shall give notice in writing of the filing, pendency, and time of hearing of the petition to the owners of each of the tracts of land sought to be affected by the proceedings. Such notice shall be served no less than ten days before the day fixed for the hearing of the petition, and the original verified notice shall be filed with the county auditor o...

Section 6155.04 | Adjournment of hearing.

...On the day set for the hearing of a petition for the removal of a milldam, if it appears to the board of county commissioners that a person interested in the improvement and in the removal of the milldam has not been notified, or that any requisite preliminary steps have not been taken, it shall adjourn the hearing to a future time, not exceeding twenty days, and shall order such notice to be given or such preliminar...

Section 6155.05 | Hearing - view of premises.

...If the board of county commissioners finds that the bond provided for in section 6155.01 of the Revised Code has been filed and notice given as required by section 6155.03 of the Revised Code, it shall hear and determine the petition and view the premises along the proposed improvement and the lands of the petitioners and others affected by the milldam. If it finds that such improvement and removal of the milldam wil...

Section 6155.06 | Purchase of milldam.

...uch milldam and for the free passage of water in the channel of such stream.

Section 6155.07 | Further hearing.

...After negotiating with the owner as provided in section 6155.06 of the Revised Code, the board of county commissioners shall fix a day for further hearing, and order that notice of the time and place of said hearing be served in writing by the principal petitioner upon each of the petitioners or any other person interested in the improvement or the removal of the milldam. If on the hearing it appears to the board tha...

Section 6155.08 | Final hearing - record of proceedings.

...On the day fixed by the board of county commissioners for final hearing as provided in section 6155.07 of the Revised Code, it shall meet at the time and place appointed and make known to the petitioners the amount asked by the owner of the milldam for his right, title, and interest to and in it and the franchise pertaining thereto and for the right to remove it. Such board shall also make known the necessary cost of...

Section 6155.09 | Apportionment of costs of proceedings.

...The board of county commissioners shall apportion to each of the petitioners under section 6155.01 of the Revised Code and all other landowners benefited by the removal of the milldam, in an equitable manner, according to the benefits to be derived therefrom, the costs of the proceedings, as in county ditch cases, the amount asked by the owner of the milldam and agreed upon, and the amount of cost necessary to its re...

Section 6155.10 | Appeal procedure.

...Upon failure to agree with the owner of the milldam sought to be removed under section 6155.01 of the Revised Code, or if there has been agreement but objections are made thereto by the petitioners, then the proceedings as to appeals, applications for damages, and in all other respects, taken to determine the amount of damages to be awarded to landowners affected, shall be as is provided by law for the location and e...

Section 6155.11 | Assessment of costs.

...The board of county commissioners shall order the amounts, as provided in section 6155.09 of the Revised Code, to be placed upon the tax duplicate against the real estate of the petitioners and all other landowners benefited by the removal of the milldam. Such amounts shall be collected within the time and to meet the payments as far as practicable as provided in the laws relating to county ditches, whether agreed up...

Section 6155.12 | Collection of assessments.

...The assessments provided for in section 6155.11 of the Revised Code shall be collected as other assessments against real estate and paid into the treasury of the county wherein the petitioners reside and the milldam is situated. They shall be paid out by the county treasurer on the warrant of the county auditor, who shall issue his warrants in accordance with the records and orders of the board of county commissione...

Section 6155.13 | Sale of removal work.

...The county engineer shall sell at public sale and supervise the work of removing the milldam in the manner provided by law for the sale of the work of constructing a county ditch and the other duties of the engineer in respect to such ditches.

Section 6156.01 | County board of reclamation created.

...The board of county commissioners in each county may create by resolution a board to be known as the county board of reclamation to decide, upon application, which lands, public and private, shall be reclaimed by the use of the county dredging equipment authorized in section 6156.02 of the Revised Code. The board shall consist of the board of county commissioners and the county engineer. The chairman of the board of ...

Section 6156.02 | Purchase, rent, or lease of dredging equipment.

...The board of county commissioners of each county of the state may purchase, rent, or lease such dredging equipment as it deems necessary to be used in land reclamation projects as directed by the board of reclamation authorized in section 6156.01 of the Revised Code. If the board of county commissioners determines that such equipment is necessary, it shall, in the event of purchase, advertise its needs for at least t...

Section 6156.03 | Dredging equipment use.

...The dredging equipment purchased under section 6156.02 of the Revised Code may be used for any appropriate purpose, including those enumerated in Chapters 6141., 6151., 6153., and 6155. of the Revised Code, notwithstanding any provisions of the Revised Code. Such work shall be done as prescribed by the county board of reclamation.

Section 6156.04 | Application to use dredging equipment.

...Any landowner or political subdivision within a county, after the creation of a board of reclamation by the board of county commissioners, may file an application with the county engineer asking that the county dredging equipment be used to reclaim his land. This application shall be submitted to the board of reclamation within twenty days after the date of filing. The board shall conduct an investigation of the appl...

Section 6156.05 | Payment for dredging services.

...When the use of dredging equipment is authorized under section 6156.04 of the Revised Code, the applicant shall be charged with an amount equal to the actual cost of labor, depreciation, and fuel furnished by the county. The county auditor may accept cash payment or may assess such amount on the county tax duplicate to be collected from the applicant as other county taxes are collected. In the event an assessment is ...

Section 6161.01 | Great Lakes Basin Compact adopted.

...velopment, use, and conservation of the water sources of the great lakes basin (hereinafter called the basin); (B) To plan for the welfare and development of the water resources of the basin as a whole, as well as for those portions of the basin which may have problems of special concern; (C) To make it possible for the states of the basin and their people to derive the maximum benefit from utilization of public ...

Section 6161.011 | Real property instrument to identify state agency for whose use and benefit an interest in real property is acquired.

...Any instrument by which real property is acquired pursuant to section 6161.01 of the Revised Code shall identify any agency of the state that has the use and benefit of the real property as specified in section 5301.012 of the Revised Code.

Section 6161.02 | Great Lakes commission members.

...In pursuance of Article IV of the compact, as set forth in section 6161.01 of the Revised Code, there shall be five commissioners on the great lakes commission from this state. One of the commissioners shall be the director of the department of natural resources, one shall be the director of environmental protection, one shall be a member of the senate who shall be appointed by the president of the senate, one shall...

Section 6161.03 | Cooperation of state officers.

...There is hereby granted to the great lakes commission and the commissioners thereof all the powers provided for in the great lakes basin compact set forth in section 6161.01 of the Revised Code and all the powers necessary or incidental to the carrying out of said compact in every particular. All officers of this state shall do all things falling within their respective jurisdictions necessary to or incidental to th...

Section 743.01 | General powers of legislative authority.

...ed for the construction or extension of water works, reservoirs, or the laying down of pipe, and also any water rights or easements connected with the use of water. Any land, water right, or easement so taken possession of for water-works purposes shall not be used for any other purpose, except by authority of the director of public service and with consent of such legislative authority.

Section 743.02 | Bylaws and regulations.

...icient management and protection of the water works of a municipal corporation. Such bylaws and regulations shall have the same validity as ordinances where not repugnant thereto or to the constitution or laws of the state.

Section 743.03 | Duties of director of public service.

... shall manage, conduct, and control the water works of a municipal corporation, furnish supplies of water, collect water rents, and appoint any necessary officers and agents.

Section 743.04 | Assessment and collection of water rents.

...xpenses of conducting and managing the waterworks of a municipal corporation, including operating expenses and the costs of permanent improvements, the director of public service or any other city official or body authorized by charter may assess and collect a water rent or charge of sufficient amount and in such manner as the director, other official, or body determines to be most equitable from all tenements...

Section 743.05 | Disposition of surplus funds.

...expenses of conducting and managing the water works, any surplus of a municipal corporation may be applied to the repairs, enlargement, or extension of the works or of the reservoirs, the payment of the interest of any loan made for their construction, or for the creation of a sinking fund for the liquidation of the debt. In those municipal corporations in which water works and sewerage systems are conducted as a sin...

Section 743.06 | Proceeds from water works to be a separate fund.

...Money collected for water-works purposes shall be deposited weekly with the treasurer of the municipal corporation, and shall be kept as a a separate and distinct fund. When appropriated by the legislative authority of the municipal corporation, such money shall be subject to the order of the director of public service. The director shall sign all orders drawn on the treasurer of the municipal corporation against su...

Section 743.07 | Director may make certain contracts.

...ontracts for the building of machinery, water-works buildings, reservoirs, and the enlargement and repair thereof, the manufacture and laying down of pipe, the furnishing and supplying with connections all necessary fire hydrants for fire department purposes, keeping them in repair, and for all other purposes necessary to the full and efficient management and construction of water works.

Section 743.08 | Investigation by legislative authority.

...ity of a municipal corporation in which water works are situated or are in the process of construction may appoint a committee for the investigation of all books and papers, and all matters pertaining to the management of the water works, at least once a year, and more often, if necessary by reason of the neglect of duty or malfeasance on the part of any officer of such water works. Any such officer found by the comm...

Section 743.09 | Water supply free for certain purposes.

... made by a municipal corporation or the water-works department thereof for supplying water for extinguishing fire, cleaning fire apparatus, or for furnishing or supplying connections with fire hydrants, and keeping them in repair for fire department purposes, for the cleaning of market houses, or the use of any public building belonging to the municipal corporation. In any case in which a school district includes te...

Section 743.10 | Protection to attachments.

...achments of whatever nature made to the water pipes or other fixtures belonging to the water works of a municipal corporation and intended for public use shall be subject to the same supervision, rules, and regulations as are made for the protection of water works against abuse, destruction, and unnecessary use or waste of water, or the director of public service may make general or special rules and regulations for ...

Section 743.11 | Bond of contractor - emergency.

...ract for work to be done concerning the water works of the municipal corporation, the director of public service shall ensure that the requirements of section 153.54 of the Revised Code are met. In case of emergency the legislative authority of the municipal corporation may, by a two-thirds vote of all the members elected thereto, authorize the director to enter into such contract without formal bidding or advertisin...

Section 743.12 | Extension of public utility service beyond municipal corporation limits.

...ct, lay down, and maintain aqueduct and water pipes, and electric light and power lines outside the municipal corporation, and for such purpose may make use of such of the public streets, roads, alleys, and public grounds as are necessary therefor.

Section 743.13 | Expense of service outside municipal corporation.

...se has laid down and extended mains and water pipes or electric light and power lines beyond the limits of a municipal corporation, and the legislative authority thereof, by resolution, has authorized the proper officer of the water works to superintend or supervise such laying and extension, the municipal corporation shall furnish water or electricity to the residents and property holders on the line of such facilit...

Section 743.14 | Supervision of territory having water service outside municipal corporation.

...truction, maintenance, and operation of water works, mains, hydrants, and service pipes and connections, and the protection thereof, shall operate in a similar manner in the territory outside the municipal corporation when the extensions mentioned in sections 743.12 and 743.13 of the Revised Code have been made, and for the enforcement thereof the jurisdiction of the mayor and police shall extend into and over such t...

Section 743.15 | Disposition of aqueducts and water pipes in case of annexation.

...ull charge and control of the mains and water pipes mentioned in sections 743.12 to 743.14, inclusive, of the Revised Code, keep them in repair at its own expense, and, in case of annexation to the municipal corporation of such territory, the municipal corporation shall pay a just compensation therefor and shall thereupon become the owner of them.

Section 743.16 | Regulation and protection of aqueducts and water pipes.

...The aqueducts and water pipes mentioned in sections 743.12 to 743.15, inclusive, of the Revised Code, shall be so constructed and laid as not to interfere unnecessarily with the use of any streets, roads, alleys, public highways, and public grounds, and the municipal corporation so extending and establishing any part of its water works outside of its limits shall have the same power and jurisdiction to prevent or pun...

Section 743.17 | Water works in contiguous municipal corporation.

...A municipal corporation owning water works whose territory is contiguous to that of another municipal corporation may, with the assent of such other municipal corporation, establish and maintain such portion of its water works as is advisable within the limits of such other municipal corporation, and may make such use of the streets, alleys, and public grounds thereof as is necessary to construct, lay down, and maint...

Section 743.18 | Authority to supply other municipal corporations.

...A municipal corporation which has water works or electric works may contract with any other municipal corporation to supply it or its inhabitants with water or electricity upon such terms as are agreed upon by their respective legislative authorities. A municipal corporation which has a water works may dispose of surplus water, for manufacturing or other purposes, by lease or otherwise, upon such terms as are agreed ...

Section 743.19 | Construction of water works by two or more municipal corporations.

...ions may unite in the construction of a water-works plant for the purpose of supplying water to the municipal corporations and the inhabitants thereof for domestic, manufacturing, and other purposes. Such municipal corporations may, through their authorized officers, contract with each other for the construction and maintenance of such water works, and agree as to a division of the cost and maintenance of such plant ...

Section 743.20 | Ownership of water works when municipal corporations are annexed.

...e municipal corporation to another, the water works theretofore constructed by either shall thereby become the property of the united municipal corporation, and shall thereafter be managed by the director of public service of the city or the board of trustees of public affairs of the village to which such annexation is made.

Section 743.21 | Termination of contract upon annexation.

...municipal corporation for the supply of water to another, as provided by section 743.18 of the Revised Code, shall be terminated by an annexation under section 743.20 of the Revised Code, and so much of the debt incurred by either, in the construction of a water works, as remains unpaid, shall thereafter be a charge upon the united municipal corporation, to the same extent that the separate debt of either was, before...

Section 743.22 | Tax for payment of interest, lien on property.

...ed for the erection and completion of a water works, during the erection and completion thereof and before the water works is put into operation, a tax of sufficient amount shall be assessed and collected each year, in the usual manner of levying and collecting taxes in the municipal corporation, upon all the taxable property thereof. For the purpose of paying the interest on any money which a municipal corporation ...

Section 743.23 | Laying pipes in highway.

...rescribe by ordinance for the laying of water pipes in all highways about to be paved, macadamized, or otherwise permanently improved, and for the assessment of the cost and expense thereof upon the lots or parcels of land adjoining or abutting upon the highways in which they are laid. In no case, except as a sanitary measure, shall such legislative authority require any house connections to be built further from the...

Section 743.24 | Municipal corporations may contract for a water supply - contract to be submitted to a vote.

...r an incorporated company for supplying water for fire purposes, or for cisterns, reservoirs, streets, squares, and other public places within its limits, or for the purpose of supplying the citizens of such municipal corporation with water for such time, and upon such terms as is agreed upon. Such contract shall not be executed or binding upon the municipal corporation until it has been ratified by a vote of the ele...

Section 743.25 | Jurisdiction of municipal corporations to prevent water pollution.

...son shall pollute a running stream, the water of which is used for domestic purposes by a municipal corporation, by putting therein a putrid or offensive substance, injurious to health. The director of public service of a city or board of trustees of public affairs of a village shall enforce this section. The jurisdiction of a municipal corporation to prevent the pollution of its water supply and to provide a penalty...

Section 743.26 | Regulation of price of electric light, gas, sewage disposal, and water.

...m companies, or companies for supplying water for public or private consumption, are established, or into which their wires, mains, or pipes are conducted, may regulate the price which such companies may charge for electric light, or for gas for lighting or fuel purposes, or for the disposal of sewage, industrial wastes, or other wastes, or for water for public or private consumption, furnished by such companies to t...

Section 743.27 | Free use of municipally owned public utilities.

...poration owning and operating municipal water, gas, or electric light plants, may provide by ordinance that the products of such plants, when used for municipal or public purposes, shall be furnished free of charge.

Section 743.28 | Negotiation of one-price schedule contract.

...(A) Where the legislative authority of a municipal corporation fixes the price at which a company shall furnish electricity or either natural or artificial gas to the citizens or to public buildings, or for the purpose of lighting the streets, alleys, avenues, wharves, landing places, public grounds, or other places, or for other purposes, for a period not exceeding ten years, and the company or person to furnish suc...

Section 743.29 | Surveys for construction and repair of public works of municipal corporations.

...icipal corporations may make surveys of water works, sewerage systems, or other public works or improvements which they are by law authorized to construct, operate, maintain, or repair, the construction, improvement, enlargement, or repair of which is contemplated, whether governmental or proprietary, and they may proceed in the manner provided in this section. The legislative authority of municipal corporations des...

Section 743.30 | Occupation of streets by legislative authority for gas purposes.

...If at any time any company, mentioned in section 743.28 of the Revised Code, required by the legislative authority to lay pipes and light a street, alley, avenue, wharf, landing place, or public ground or building, refuses or neglects for six months after being notified by the legislative authority to comply with such requirement, the legislative authority may lay pipes and erect gasworks for lighting such streets, a...

Section 743.31 | Forfeiture of charter for neglect to furnish gas - exception.

...Any gaslight company which neglects to furnish gas to the citizens and other consumers of gas or to the municipal corporation in accordance with the prices fixed and established by the legislative authority shall forfeit all rights of such company under the charter by which it has been established, and the legislative authority may proceed to erect, or, by ordinance, empower any person to erect gasworks for the suppl...

Section 743.32 | Provision by legislative authority for electric current and gas inspection.

...In a municipal corporation in which gasworks are constructed, the legislative authority thereof may provide, by ordinance, for the appointment of an officer, to be known as inspector of gas, whose compensation shall be fixed by the legislative authority, and whose duty it shall be to inspect all gas and gas meters, certify the correctness of all bills against consumers of gas, make photometric tests, and perform such...

Section 743.33 | Exclusive monopoly shall not be allowed to gas companies.

...The legislative authority of a municipal corporation shall not agree by ordinance, contract, or otherwise with any person for the construction or extension of gasworks for manufacturing or supplying the municipal corporation or its inhabitants with gas, which gives or continues to such person the exclusive privilege of using the streets, lanes, commons, or alleys for the purpose of conveying gas to the municipal corp...

Section 743.34 | Legislative authority may erect or purchase gas or electric works.

...The legislative authority of a municipal corporation may erect gasworks or electric works at the expense of the municipal corporation, or purchase any such works already erected therein. If the legislative authority and the owner of such works are unable to agree upon the compensation to be paid therefor, the legislative authority may proceed in the manner provided in sections 163.01 to 163.22, inclusive, of the Rev...

Section 743.35 | Sale of natural gas to village.

...When a municipal corporation is the owner of a natural gas plant by which the citizens thereof are supplied with natural gas, and such natural gas is so supplied through pipes, from a point beyond the limits of such municipal corporation, which pass through the limits of a village, the municipal corporation may sell natural gas to such village, or to a company, for the use of such village and the citizens thereof. Su...

Section 743.36 | Delivery of gas outside of municipal corporation - sales for manufacturing purposes.

...When a municipal corporation is the owner of a natural gas plant for the purpose of supplying the citizens thereof with natural gas for fuel, the legislative authority thereof may provide for supplying natural gas, at rates to be determined by it, to persons living outside of and in the vicinity of such municipal corporation, and to county homes, children's homes, and other public institutions within or without such ...

Section 743.37 | Laying of gas pipes - assessment of costs.

...The legislative authority of a municipal corporation may prescribe, by ordinance, for the laying down of gas pipes in highways about to be paved, macadamized, or otherwise permanently improved, and for the assessment of the cost and expense thereof upon the lots or parcels of land adjoining or abutting upon the highways in which they are laid. In no case, excepting as a sanitary measure, shall the legislative authori...

Section 743.38 | Contracts to supply municipal corporation with electric light or gas.

...A municipal corporation may contract with any company for supplying such municipal corporation with electric light and natural or artificial gas for the purpose of lighting or heating the streets, squares, and other public places and buildings therein.

Section 743.39 | Right of eminent domain in municipal corporations for public service enterprises.

...streams to raise and maintain a head of water, constructing and maintaining canals, locks, and race ways to regulate and carry such head of water to a plant or power house where electricity is to be generated, erecting and maintaining poles whereon to attach or sink wires or cables to carry and transmit electricity, transporting natural gas, petroleum, water, or electricity through or by means of tubing, pipes, condu...

Section 743.40 | Manner of appropriation - restrictions thereon.

...Appropriation of lands under section 743.39 of the Revised Code shall be made in accordance with sections 719.01 to 719.21, inclusive, of the Revised Code. As far as the rights of the public therein are concerned, the board of county commissioners as to county and state roads, the board of township trustees as to township roads, and the legislative authority of a municipal corporation as to streets and alleys, in the...

Section 743.41 | Property not to be appropriated without consent of municipal corporation.

...Sections 743.39 and 743.40 of the Revised Code do not confer power to appropriate or confer any right in any portion of a street, alley, highway, public way, or land situated within a municipal corporation, without its consent.

Section 743.42 | Construction restrictions.

...ir for the storage or transportation of water shall be constructed within the limits of a municipal corporation or any public park. All excavations, except such reservoirs, shall be well filled and so kept by the appropriating municipal corporation.

Section 743.43 | Further powers of municipal corporation.

...re, and ship natural gas, petroleum, or water, and transport and store water for the purpose of furnishing it to engineers employed in developing for, or in the production and transportation of, petroleum, and for that purpose may lay down, construct, and maintain the necessary pipes, tubing, tanks, machinery, and arrangements.

Section 743.44 | Power of municipal corporation outside corporate limits to provide natural gas.

...A municipal corporation authorized by law to purchase or lease lands, purchase, lease or sink natural gas wells, procure rights of way, and purchase and lay pipes for the purpose of supplying such municipal corporation or the citizens thereof with natural gas may exercise any such powers outside of its limits, and in addition thereto shall have all the rights and powers conferred upon municipal corporations by sectio...

Section 743.45 | Municipal corporation may request public utilities commission to review electric rates.

...Nothing in section 743.26, 743.34, or 4909.34 of the Revised Code shall be construed to mean that a municipal corporation may not request the public utilities commission to review and comment upon the equity and financial implications of the portion of a proposed ordinance that relates to the rates that may be charged for electricity supplied by an electric generation facility either owned or operated by a municipal ...

Section 743.50 | Maintenance of buffer property near municipal water source.

... that has established and implemented a watershed management program with regard to a reservoir for drinking water shall allow an owner of property that is contiguous to property that constitutes a buffer around a body of water that is part of such a reservoir to maintain property that constitutes a buffer if the maintenance is for any of the following: (1) Creation of an access path that is not wider than five feet...

Section 743.99 | Penalty.

...(A) Whoever violates section 743.25 of the Revised Code shall be fined not less than five nor more than five hundred dollars.

Section 939.01 | Definitions.

... in farming operations to abate wind or water erosion of the soil or to abate the degradation of the waters of the state by residual farm products, manure, or soil sediment, including attached substances. (B) "Animal feeding operation" means the production area, as defined in section 903.01 of the Revised Code, of an agricultural operation where agricultural animals are kept and raised in confined areas. "Animal fee...

Section 939.02 | Powers and duties of director of agriculture.

...e administrative leadership to soil and water conservation districts in planning, budgeting, staffing, and administering district programs and the training of district supervisors and personnel in their duties, responsibilities, and authorities as prescribed in this chapter and Chapter 940. of the Revised Code; (B) Administer this chapter and Chapter 940. of the Revised Code pertaining to state responsibilities an...

Section 939.03 | Operation and management plan; nuisances; complaint.

... supervisors of the applicable soil and water conservation district under section 940.06 of the Revised Code. (B) A person who wishes to make a complaint regarding nuisances involving agricultural pollution may do so orally or by submitting a written, signed, and dated complaint to the director or to the director's designee. After receiving an oral complaint, the director or the director's designee may cause an inve...

Section 939.04 | Composting of dead animals.

...supervisors of the appropriate soil and water conservation district under division (S)(3) of section 940.06 of the Revised Code, the person may appeal the plan disapproval to the director, who shall afford the person a hearing. Following the hearing, the director shall uphold the plan disapproval or reverse it. If the director reverses the disapproval, the plan shall be deemed approved.

Section 939.05 | Cooperative agreements with supervisors of soil and water conservation district.

...s of the agreement by the Ohio soil and water conservation commission, shall enter into cooperative agreements with the supervisors of a soil and water conservation district desiring to enter into those agreements pursuant to section 940.06 of the Revised Code. The agreements shall be entered into to obtain compliance with rules of the director pertaining to agricultural pollution abatement. The director or the dire...

Section 939.06 | Director may enter into contracts or agreements.

...The director of agriculture may do any of the following: (A) Enter into contracts or agreements with any agency of the United States government, or any other public or private agency, or organization, for the performance of the prescribed duties of the department of agriculture under this chapter and Chapter 940. of the Revised Code or for accomplishing cooperative projects within the scope of those duties; (B) Ent...

Section 939.07 | Assessment of corrective actions and penalties.

... supervisors of the applicable soil and water conservation district under section 940.06 of the Revised Code, or with an operation and management plan required by the director under division (A)(2) of this section; (c) Not complying with a standard established in rules adopted under division (E)(5)(a) of section 939.02 of the Revised Code; (d) Not operating in accordance with a composting plan that is approved in a...

Section 939.08 | Application of manure in the western basin.

...(A) Except as provided in division (B) of this section, no person in the western basin shall surface apply manure under any of the following circumstances: (1) On snow-covered or frozen soil; (2) When the top two inches of soil are saturated from precipitation; (3) When the local weather forecast for the application area contains greater than a fifty per cent chance of precipitation exceeding one-half inch in a tw...

Section 939.09 | Penalty for unlawful application of manure in the western basin.

...the director or the applicable soil and water conservation district to assist the applicant to comply with division (A) of section 939.08 of the Revised Code. (F) Money collected from civil penalties assessed under this section shall be paid into the state treasury to the credit of the agricultural pollution abatement fund created in section 939.10 of the Revised Code. (G) As used in this section: (1) "Small agric...

Section 939.10 | Agricultural pollution abatement fund.

...moving, or abating any pollution of the waters of the state caused by agricultural pollution or an unauthorized release, spill, or discharge of manure into or upon the environment that requires emergency action to protect the public health.

Section 940.02 | Ohio soil and water conservation commission; powers and duties.

...rtment of agriculture the Ohio soil and water conservation commission. The commission shall consist of seven members of equal status and authority, six of whom shall be appointed by the governor with the advice and consent of the senate, and one of whom shall be designated by resolution of the board of directors of the Ohio federation of soil and water conservation districts. The directors of agriculture, environment...

Section 940.03 | County to have district coextensive with its geographic area.

...Each county shall have a soil and water conservation district coextensive with the geographic area of the county, and each district shall constitute a political subdivision of this state.

Section 940.04 | Soil and water conservation district supervisors.

...Each soil and water conservation district shall be administered by a board consisting of the five supervisors. Elections of supervisors shall be conducted by the Ohio soil and water conservation commission pursuant to rules it adopts under Chapter 119. of the Revised Code. The term of each supervisor shall be for three years. Due notice of election of supervisors shall be given by the commission. Successors to fill u...

Section 940.05 | Governing body of district.

... The board of supervisors of a soil and water conservation district shall consist of five supervisors, as provided for in section 940.04 of the Revised Code. (B) The board shall organize annually by selecting a chairperson, a secretary, and a treasurer. It shall designate one of its members as fiscal agent. A majority of the board shall constitute a quorum. The concurrence of a majority of the board in any matter s...

Section 940.07 | Defense of tort actions.

.... of the Revised Code apply to soil and water conservation districts as political subdivisions of the state and to their boards of supervisors and other officers, employees, and agents as employees of political subdivisions of the state. (C)(1) The attorney general, an assistant attorney general, or special counsel appointed by the attorney general shall defend a soil and water conservation district in any tort act...

Section 940.08 | Supervisors to employ assistants and personnel and acquire materials, equipment, supplies and offices.

...The board of supervisors of a soil and water conservation district may employ assistants and such other employees as it considers necessary and may provide for the payment of the reasonable compensation of such assistants and employees and expenses incurred by them in the discharge of their duties from the special fund established for the district pursuant to section 940.12 of the Revised Code. District employees a...

Section 940.09 | Donated sick leave program; procedure.

...ployee" means an employee of a soil and water conservation district who receives donated sick leave as authorized by this section. (2) "Donating employee" means an employee of a soil and water conservation district who donates sick leave as authorized by this section. (3) "Paid leave" has the same meaning as in section 124.391 of the Revised Code. (4) "Full-time employee" means an employee of a soil and water c...

Section 940.10 | Sale of unneeded personal property of district.

... the board of supervisors of a soil and water conservation district find, by resolution, that the district has personal property, including motor vehicles acquired for the use of district officers, road machinery, equipment, tools, or supplies, that is not needed for public use, or is obsolete or unfit for the use for which it was acquired, the board may sell such property at public auction or by sealed bid to the hi...

Section 940.11 | Policies for soil and water conservation district credit card accounts.

... the board of supervisors of a soil and water conservation district that hold a credit card account on November 2, 2018, shall adopt a written policy for the use of credit card accounts. Otherwise, the board shall adopt a written policy before first holding a credit card account. The policy shall include provisions addressing all of the following: (1) The members of the board or positions authorized to use a cred...

Section 940.111 | Acceptance of payments by financial transaction devices.

...t or transfer of funds. (2) "Soil and water district officials" includes the board of supervisors of a soil and water conservation district and employees of the district. (3) "Soil and water district expenses" includes payments or any other expense a person owes or otherwise pays to a soil and water conservation district under the authority of this chapter. (B) Notwithstanding any other section of the Revised C...

Section 940.12 | Levy of tax within ten-mill limitation.

...ach 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 policy adopted under section 940.11 of the...

Section 940.13 | Prosecuting attorney is legal adviser.

...f 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 or desirable in the operations ...

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.

...artment of agriculture and the soil and water conservation district assistance fund created in this section, there shall be paid in each calendar year to each soil and water conservation district a matching amount not to exceed one dollar for each one dollar received by a district as follows: (1) In accordance with section 940.12 of the Revised Code; (2) From tax levies in excess of the ten-mill levy limitation app...

Section 940.16 | Advance of moneys from soil and water conservation fund; repayment.

...ssioners may apply to the Ohio soil and water conservation commission for an advance of moneys from the soil and water conservation fund, which is hereby created in the state treasury, to enable a soil and water conservation district to pay all or part of the cost of surveys and plans, appraisals, estimates of cost, land options, and other incidental expenses of constructing works of improvement for the district. The...

Section 940.17 | Sharing costs of improvement by conservation district.

...pon recommendation 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 fi...

Section 940.19 | Petition to supervisors for construction of conservation improvement.

...r 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 petition shall ...

Section 940.20 | Notice of hearing on proposed improvement.

... the board of supervisors of a soil and water conservation district shall send a written notice of the view and the hearing to all landowners within the area to be benefited by the proposed 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) ...

Section 940.21 | View of site of 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 intended to be addressed by the proposed improvement. (B) Upon ...

Section 940.22 | Preliminary report on proposed improvement; alternate proposals; review by engineer.

... 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 following: (1) A preliminary estimate of the cost of construction for the propo...

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.

... 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 construction of the impr...

Section 940.25 | Schedule of damages.

... 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 necessary to be acquired through purchase or voluntary transfer or appropriated in accordance with sections ...

Section 940.26 | Cost estimate.

... 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 schedule of damages prepared under se...

Section 940.27 | Schedule of estimated assessments.

... 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 improvement and a description of each landowner's parcel. The board shall obta...

Section 940.28 | Petition and information to be submitted to county commissioners.

...er a board of supervisors of a soil and water conservation district completes the schedule of estimated assessments, the board shall submit the petition, preliminary report, surveys, plans, specifications, schedule of damages, cost estimates, estimated assessments, and any other information obtained or prepared for the petition to the board of county commissioners of the county in which the proposed improvement is to...

Section 940.29 | Scheduling and notice of hearing on proposed improvement.

...by a board of supervisors of a soil and water conservation district under section 940.28 of 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 m...

Section 940.30 | County commissioners hearing on proposed improvement.

... supervisors of the applicable soil and water conservation district; (2) Hear any comments offered by any landowner regarding the estimated assessments and proposed improvement. (B) If necessary, the board of county commissioners may adjourn and continue the hearing on subsequent days as may be reasonable to consider additional information about the proposed improvement, make changes that will better accomplish t...

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.

...ruction of the improvement will improve water management and development in the county in which the district is located to the advantage of lands located in it. (5) The proposed improvement will aid lands in the area by promoting the economic, environmental, or social development of the area. (C) When, in the opinion of the board of county commissioners, it is necessary for the board to acquire real property or a...

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.

...he board of supervisors of the soil and water conservation district under section 940.27 of the Revised Code. (B) The board of county commissioners shall give notice by first class mail to every public and private property owner whose property is subject to assessment, at the tax mailing or other known address of the owner. The notice shall contain all of the following: (1) A statement of the amount to be assess...

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.

...cated in two or more adjoining soil and water conservation districts, the board of supervisors of the adjoining districts shall, with approval 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 co...

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.

...(A) If a proposed improvement would affect more 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...

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.

...(A) The auditor of the lead county shall certify to the auditor of the other counties a schedule of any taxes or assessments to be levied for the improvement, and the auditor of such other county immediately shall place such tax or assessment upon the duplicates. Taxes or assessments so certified for collection to an auditor of another county are a lien on the land within such county from the date such certificate is...

Section 940.37 | [Former R.C. 940.35, amended and renumbered by H.B. 340, 133rd General Assembly, effective 3/24/2021] Maintenance of improvements.

...oint board of supervisors of a soil and water conservation district to perform maintenance of such works of improvement.

Section 940.38 | Appeals.

...Any affected landowner may appeal to the appropriate court of common pleas any action or determination of a board of supervisors, joint board of supervisors, board of county commissioners, or joint board of county commissioners under this chapter. The affected landowner shall make the appeal within thirty days of the date of the action or determination. The appeal may be based on, but is not limited to, any of the fo...

Section 940.39 | Videoconferencing and teleconferencing of meetings.

...o a "board of supervisors of a soil and water conservation district" or a "board" includes a joint board of supervisors of a soil and water conservation district. (B) Notwithstanding any other provision of law to the contrary, a board of supervisors of a soil and water conservation district, when practicable, may conduct meetings by video conference or, if video conference is not available, by teleconference. The b...

Section 940.41 | Statewide watershed planning and management program; watershed regions.

... organization, or individual engaged in water quality improvements may utilize to obtain funding through the federal "Clean Water Act," 33 U.S.C. 1251 et seq., or the great lakes restoration initiative for projects to address nonpoint source pollution. (2) "Organization" means a public or private entity that is engaged in water quality improvement activities. (3) "Political subdivision" means a county, township, ...

Section 940.42 | Data and records.

...gricultural operations, conservation or water quality improvement practices, or proposed utilization of such practices collected or maintained by the department of agriculture, a soil or water conservation district, an institution of higher education, as defined in section 3345.12 of the Revised Code, or any other state agency are not a public record subject to disclosure under section 149.43 of the Revised Code. (...

Section 940.43 | Intent of General Assembly.

...itutions of higher education engaged in water quality research to establish a certification program for farmers that utilize practices designed to minimize impacts to water quality. The director of agriculture shall undertake all actions necessary to ensure that assistance and available funding are provided for farmers who participate in the certification program.