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Ohio Revised Code Title LVII. Taxation § 5703.18

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1. For the purposes of this section the following terms are defined as follows:

a. County shall mean the county of Suffolk or the county of Erie.

b. County legislature shall mean the county legislature of the county of Suffolk or of the county of Erie.

c. Governing board shall mean the town board of a town or the board of trustees of a village, as the case may be, located in the county of Suffolk or in the county of Erie.

d. Sewer system shall include collection facilities, treatment or disposal plants, buildings, land and rights in land, furnishings, equipment, machinery and apparatus, appurtenant facilities, all moneys on hand collected or received for the purposes of such sewer system, and all other items of property, either real or personal or mixed, acquired for or incidental to such sewer system.

e. Town sewer district shall mean a sewer district governed by the provisions of articles twelve or twelve-A of the town law or a benefited area established to provide a sewer improvement pursuant to articles three-A or twelve-C of such law.

f. Village sewer district shall mean a sewer district governed by the provisions of article fourteen and section 17-1718 of the village law.

g. County treasurer shall mean, in the case of Erie County, the county comptroller of Erie county.

h. Town wastewater disposal district shall mean a wastewater district governed by the provisions of article twelve or twelve-a of the town law or a benefited area established to provide a wastewater disposal improvement pursuant to article three-a or twelve-c of such law.

i. Village wastewater disposal district shall mean a wastewater disposal district governed by section 17-1719 of the village law.

j. Village sewerage system shall mean a sewerage system governed by the provisions of article fourteen of the village law.

2. Upon petition as hereinafter provided the county legislature may establish a county sewer district in the manner hereinafter provided having boundaries coterminous with any existing town sewer district, village or village sewer district for the purpose of acquiring, operating and maintaining the sewer system thereof.

2-a. Upon petition, as hereinafter provided, the county legislature may establish a county wastewater disposal district in the manner hereinafter provide having boundaries coterminous with any existing town wastewater disposal district, village sewerage system or village wastewater disposal district for the purpose of acquiring, operating and maintaining the district or system thereof.

3. A petition for the establishment of a county sewer district or wastewater disposal district pursuant to this section shall be executed and acknowledged by the supervisor of the town or mayor of the village, as the case may be, upon authorization by the governing board after a public hearing.  Such public hearing shall be called by resolution adopted by such governing body, which shall direct that notice thereof be published and posted not less than ten days prior to the date set for such hearing;  provided, however, that in the case of a town sewer district or wastewater disposal district having a separate board of commissioners pursuant to article thirteen of the town law, no resolution calling a public hearing shall be adopted unless approved in writing by a majority of the commissioners of such district.  Such notice shall be given, in the case of towns, in the manner prescribed in section one hundred ninety-three of the town law, and in the case of villages, in the manner prescribed in the section of the election law entitled general village election.  Such notice shall state in general terms that it is proposed to petition the county legislature to establish a county sewer district for the purpose of acquiring and thereafter operating and maintaining the sewer system in question, or that it is proposed to petition the county legislature to establish a county wastewater disposal district for the purpose of acquiring and thereafter operating and maintaining the disposal district of the sewerage system in question, and shall set forth the time when and place where such hearing shall be held.

4. If the governing board shall decide, after such public hearing and upon the evidence given thereat, that it is in the public interest to petition the county legislature pursuant to this section, it shall adopt a resolution directing the supervisor or mayor, as the case may be, to execute such petition and file the same with the clerk of the county legislature.  Such petition shall generally identify the particular sewer system, sewerage system, or wastewater disposal district proposed to be transferred and shall accurately describe the boundaries thereof in a manner sufficient to permit definite and conclusive identification of all parcels of property included therein.

5. Upon presentation of such petition the county legislature shall refer the same to the county sewer agency for a report with respect thereto.  Such report shall contain the recommendations of such agency and such other data and information as shall have been requested by the county legislature or as may be determined by such agency to be appropriate under the circumstances.  Upon receipt of such report the county legislature may call a public hearing upon a proposal to establish a county sewer district or county wastewater disposal district in accordance with such petition.  Notice of such public hearing shall be given in the manner and within the time prescribed in section two hundred fifty-four of this chapter.  In addition, a copy of such notice shall be served upon or mailed to the clerk of the town or village which presented such petition not less than ten days prior to the day set therein for such hearing.  Such notice shall contain a general description of the sewer system, sewerage system or wastewater disposal system proposed to be transferred, a description of the area to be included within the proposed county sewer district or wastewater disposal district, whether assessments for district purposes will be levied pursuant to section two hundred seventy or two hundred seventy-one of this chapter, a statement that such proposed district will assume the payment of all outstanding obligations, contracts and other indebtedness incurred for the purposes of or in relation to the sewer system, sewerage system or wastewater disposal district proposed to be transferred, and shall specify the time when and place where the county legislature will meet to consider the matter and to hear all parties interested therein concerning the same.

6. If, based upon the evidence presented at such public hearing and after due consideration of the petition, report of the county sewer agency and other data filed with it, the county legislature shall determine that it is in the public interest to establish the proposed district, it shall adopt an order establishing the district in accordance with the provisions of subdivision seven of this section.  If the county legislature shall determine that it is not in the public interest to establish such district, it shall adopt a resolution so stating and terminating the proceedings with respect thereto.  Notwithstanding the provisions of sections two hundred fifty-six and two hundred fifty-eight of this chapter, no resolution or order adopted pursuant to this section shall be subject to permissive referendum, nor shall the permission of the state comptroller be required to establish a district pursuant hereto.  In all other respects, to the extent not inconsistent herewith, the provisions of this chapter applicable to a district established by an order adopted pursuant to section two hundred fifty-eight of this chapter shall apply to a district established by an order adopted pursuant to this section, including, without limiting the generality of the foregoing, sections two hundred fifty-nine and two hundred sixty of this chapter.

7. An order adopted pursuant to subdivision six of this section establishing a county district, shall include the following:

a. an accurate description of the boundaries of such district in a manner sufficient to permit definite and conclusive identification of all parcels of property included therein, provided, however, if such district is coterminous with a village it shall be a sufficient compliance with this paragraph to so state without describing the boundaries of such village;

b. a general description of the sewer system, sewerage system or wastewater disposal district to be transferred to such district in accordance with the petition for the establishment of such district;

c. a determination as to whether assessments for district purposes will be levied pursuant to section two hundred seventy or two hundred seventy-one of this chapter in accordance with the notice of the public hearing held pursuant to subdivision five of this section;

d. a determination as to the effective date for the transfer of the property described in accordance with paragraph b of this subdivision, having due regard to the fiscal year of the county and the town or village concerned and the availability of funds for the operation and maintenance of the sewer system, sewerage system or wastewater disposal district by the county district;

e. a determination assuming responsibility for the payment of all obligations, contracts and other indebtedness of the town or village, as the case may be, incurred for the purposes of or in relation to the sewer system, sewerage system or wastewater disposal district to be transferred which shall be outstanding as of the effective date of such transfer, the exact amount and details thereof to be subject to future determination by agreement in such manner as may be provided therein;  and

f. such other terms, conditions and provisions with respect to the establishment of such district and such transfer, not inconsistent with the provisions of this section, as the county legislature may determine to be necessary or desirable under the circumstances.

8. The clerk of the county legislature, within ten days after the adoption thereof, shall file a certified copy of such order with the clerk of the town or village concerned, who shall present the same to the governing board at the next meeting thereof.  Such governing board shall thereupon adopt such resolutions and take such other action as shall be necessary to effectuate a transfer to the county district of the sewer system, sewerage system or wastewater disposal district in accordance with the provisions of this section and such order.  In addition, in the case of a town or a village sewer district or wastewater disposal district, the governing board shall adopt an order dissolving such district effective as of the date of such transfer, a certified copy of which shall be recorded in the office of the county clerk.

9. All assessments levied by, or fees, rates, rents or other charges due or moneys owing to any town or village with respect to any sewer system, sewerage system or wastewater disposal district and remaining unpaid as of the effective date of the transfer thereof to a county district pursuant to this section shall be collected by the town or village concerned in the same manner as if such transfer had not been made, and upon receipt shall be paid over to the county treasurer to be applied for the purposes of such county district.

10. a. The principal of and interest on all outstanding bonds and notes of a town or village issued to pay all or part of the cost of any sewer system, sewerage system or wastewater disposal district transferred to a county district pursuant to this section shall continue to be paid when due by such town or village from moneys provided for such purpose by the county from county district funds raised or appropriated therefor.  The county treasurer shall from time to time pay such moneys to the fiscal officer of such town or village sufficiently in advance to permit the payment of all such principal and interest when due.  All other obligations and contract liabilities of a town or village assumed by the county district shall be paid directly from funds of such district in the same manner as other district claims.

b. Where serial bonds have been authorized by a town or village pursuant to the local finance law to pay all or a part of the cost of the acquisition, construction or reconstruction of or addition to a sewer system, sewerage system or wastewater disposal district or the replacement of equipment, machinery, apparatus or furnishings therefor, and in anticipation of the issuance of such bonds such town or village has issued a bond anticipation note or notes or has otherwise contracted indebtedness to be paid from the proceeds of such bonds, and prior to the issuance of such bonds and the payment of such note or notes or other indebtedness, such sewer system, sewerage system or wastewater disposal district has been transferred to a county district pursuant to this section, the county may issue its serial bonds for the object or purpose of funding such note or notes or other indebtedness.  It is hereby determined that the period of probable usefulness of the object or purpose for which such bonds may be issued by such county pursuant to this subdivision is the same as the period of probable usefulness specified in subdivision eleven of paragraph a of section 11.00 of the local finance law for the object or purpose for which the serial bonds were authorized by such town or village prior to such transfer.  Such period shall be that which was in effect at the time of such transfer unless such period has been subsequently shortened, in which event the shorter period in effect at the time of the issuance of the bonds by the county shall apply.  For the purposes of paragraphs b, b-1 and c of section 21.00 of the local finance law, the date of the earliest bond anticipation note issued by such town or village shall be considered as the date of the earliest bond anticipation note issued in anticipation of the bonds issued by the county.  Except as herein provided, such bonds shall be authorized and issued by the county in accordance with the provisions of the local finance law applicable to the issuance of serial bonds by the county.

11. The county legislature is hereby authorized to adopt all such further resolutions and to take or direct all such additional acts and proceedings as may be necessary or desirable to effectuate the purposes and intent of this section.

12. Any county sewer district established pursuant to the provisions of former section two hundred seventy-seven of this chapter, as added by chapter one thousand one hundred ten of the laws of nineteen hundred sixty-nine, shall continue in existence and shall be subject to all of the provisions of this chapter to the same extent as if established pursuant to the provisions of this section.

Cite this article: FindLaw.com - Ohio Revised Code Title LVII. Taxation § 5703.18 - last updated January 01, 2020 | https://codes.findlaw.com/oh/title-lvii-taxation/oh-rev-code-sect-5703-18.html


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