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2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.17 | Tax Levy to Pay Interest on and to Retire Bonds.

Effective:
October 30, 1989
Latest Legislation:
House Bill 230 - 118th General Assembly
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 electors may be issued to pay any portion of the cost of one or more water resource projects or parts thereof and may include any portion of the cost of water resource projects to be specially assessed. The proceedings for such election and for the issuance and sale of such bonds shall be as provided by Chapter 133. of the Revised Code. If a majority of those voting upon the proposition vote in favor thereof, the board of trustees of such district may proceed to issue such bonds and to levy a tax outside the ten-mill limitation sufficient in amount to pay the interest on and retire such bonds at maturity. Notes may be issued in anticipation of such bonds as provided in section 133.22 of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.19 | System of Sanitary And/or Storm Water Sewerage.

Effective:
September 17, 1957
Latest Legislation:
House Bill 518 - 102nd General Assembly
In addition to the power conferred by sections 6119.01 to 6119.42, inclusive, of the Revised Code, to construct sewers and levy assessments therefor, and in the absence or insufficiency of a plan provided for in section 6119.31 of the Revised Code, the board of trustees of a regional water and sewer district may provide a system of sanitary and/or storm water sewerage, herein referred to only as sewerage, for any part of the area included within the district. Such a plan shall be devised with regard to the present and prospective needs and interests of the area, and shall be confirmed by the board.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.20 | Division of District Into Sewer Districts for Securing Efficient Sewerage.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The plan devised in accordance with section 6119.19 of the Revised Code shall be formed with 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 other so far as practicable.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.21 | Plan to Show Main Sewers and All Branch Sewers.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.22 | Notice of and Examination of Plan.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
When a plan of sewerage devised in accordance with section 6119.19 of the Revised Code has been prepared, 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 then be made to the board and it may amend or correct such plan, and shall thereupon file it as amended, or if no amendments are made, it shall file the original plan in the office of the secretary.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.23 | Plan Amendment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Before or after the construction of all or a part of the sewers provided for by a plan of sewerage devised in accordance with section 6119.19 of the Revised Code, 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 the districts directly or indirectly sewered, in whole or in part thereby, or assess and collect the amount apportioned to each district, or the board may apportion a part only of such cost and expense among the districts directly or indirectly sewered, in whole or in part thereby, and provide for the payment of the residue thereof by the district. The board may also amend such plan by making new sewer districts, by subdividing districts already established, giving a name and number thereto, or provide for the construction of the main and branch sewers therein, and may assess the cost and expense thereof upon the lots and lands within the area or district according to benefits.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.24 | Designate Portions of Work Required for Immediate Use.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
After the plan of sewerage devised in accordance with section 6119.19 of the Revised Code has been adopted and approved, 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 report them to the board.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.25 | Publication of Resolution of Necessity.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
When 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 proposed to be constructed, the character of the materials to be used, a reference to the plans and specifications, where they are on file, and the mode of payment therefor, and shall publish the resolution once a week for not less than two nor more than four consecutive weeks in one newspaper of general circulation in the area or as provided in section 7.16 of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.26 | Resolution for Proceeding for Improvement.

Effective:
January 1, 1962
Latest Legislation:
House Bill 262 - 104th General Assembly
After the publication of the notice required by section 6119.25 of the Revised Code, 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 and specifications, the mode of payment thereof, and shall provide for assessing the cost of the improvement upon the lots and lands in each district as other assessments are levied.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.27 | Assessment and Collection of Assessment.

Effective:
October 30, 1969
Latest Legislation:
House Bill 276 - 108th General Assembly
If it deems it expedient, 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 assess the real estate as provided in the resolution to improve. Any person so assessed may pay his proportion of the assessment in cash within thirty days from the date of the levy thereof upon due notice being given. If any such assessment is twenty-five dollars or less or if any unpaid balance of an assessment is twenty-five dollars or less, it shall be paid in full and not in installments at the time the first or next installment would otherwise become payable.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.28 | Construction Contracts Award and Payment.

Effective:
October 10, 1963
Latest Legislation:
House Bill 313 - 105th General Assembly
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.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.29 | Construction of Main Sewers and Drains and Branch Sewers and Drains Without Adoption of Plan.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If in its opinion it is expedient, 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 cost and expense may be paid from the general fund of the district, as the board determines. Such proceedings shall be had in respect to such improvements and assessments as are provided for in sections 6119.01 to 6119.42, inclusive, of the Revised Code, for the construction of main or branch sewers according to a previously adopted plan.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.30 | Anticipation Bonds and Notes.

Effective:
November 19, 1971
Latest Legislation:
Senate Bill 166 - 109th General Assembly
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.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.31 | Resolution for Tax Levy.

Effective:
July 2, 2010
Latest Legislation:
House Bill 48 - 128th General Assembly
The board of county commissioners at any time not less than ninety days before the general election in any year, by a vote of two-thirds of its members, may declare by resolution that the amount of taxes which may be raised within the ten-mill limitation will be insufficient to provide an adequate amount for the necessary requirements of the county, and that it is necessary to levy a tax in excess of such limitation for the purpose of paying the cost of the preparation of plans, specifications, surveys, soundings, drillings, maps, and other data needed or determined necessary in order to develop plans for the proper purification, 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 thereof, the number of years during which such increase shall be in effect, not to exceed five years, which increase may or may not include a levy upon the duplicate of the current year.
Such resolution shall go into effect upon its passage and no publication of it is necessary other than that provided for in the notice of election.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.32 | Election on Tax Levy.

Effective:
July 2, 2010
Latest Legislation:
House Bill 48 - 128th General Assembly
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 as set forth in section 5705.26 of the Revised Code vote in favor thereof, the board of county commissioners may levy a tax within the county at the additional rate outside the ten-mill limitation during the period and for the purpose stated in the resolution, or at any less rate or for any less number of years.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.33 | Funds and Proceed Appropriated From Levy.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
All funds and proceeds received from the levy of the tax approved as provided in section 6119.32 of the Revised Code may be appropriated in whole or in part by the board of county commissioners to the regional planning commission, the county 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.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.34 | Right of Entry.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The regional planning commission, the county 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, maps, or other data needed or determined necessary or proper for the preparation of such plans. Such entry is not a trespass, nor is an entry for such purposes an entry under any condemnation proceedings which are then pending. The owner of such lands, waters, or premises shall be reimbursed for any actual damage resulting to such lands, waters, and premises, and to private property located in, on, along, over, or under such lands, waters, and premises, as a result of such activities.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.35 | Environmental Protection Agency to Approve or Reject Plans.

Effective:
October 23, 1972
Latest Legislation:
Senate Bill 397 - 109th General Assembly
Upon the completion of plans for the proper purification, 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 reject the plan, the agency shall consider, among other factors, the protection of the public health, and compliance with air and water quality standards and regulations and solid waste disposal requirements. If such agency rejects such plans or refers them back for amendment, other or amended plans shall be prepared. If the agency approves such plans, it shall certify a copy of its action and thereafter any district may proceed to carry such plans into effect.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.36 | Issuing Securities in Lieu Submitting Tax Levy to Electors.

Effective:
March 12, 2001
Latest Legislation:
House Bill 549 - 123rd General Assembly
In lieu of submitting to the electors for approval the question of a tax levy outside the ten-mill limitation and levying that tax following approval, as provided for in sections 6119.31 and 6119.32 of the Revised Code, the board of county commissioners may issue securities, as defined in section 133.01 of the Revised Code, including anticipatory securities, for the purpose of paying the cost of the preparation of the data needed or determined to be necessary or appropriate in order to plan for the proper supply, purification, 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 or appropriate, for the purpose of paying the costs of acquiring real estate or interests in real estate for improvements for one or more of those purposes. The data may include, but are not limited to, plans, specifications, estimates of cost, drillings, maps, soundings, surveys, and tentative assessments against properties that are potentially benefited. The securities shall be in an amount not exceeding the total estimated cost of the preparation of the data and of making any acquisitions of real estate or interests in real estate, together with all other items of cost that are incident to that preparation or those acquisitions and that are described in division (B) of section 133.15 of the Revised Code.
Prior to the issuance or the first issuance of the securities, the board shall determine that the funds allocated for general operating expenses of the county are insufficient to pay both those operating expenses for the current year and the total estimated cost to be financed under authority of this section.
The securities shall be Chapter 133. securities, and their issuance shall be subject to that chapter, except that the maximum maturity of the securities shall not exceed ten years. The proceeds of securities issued for the purpose of paying costs of the improvements for which the data is prepared or for which any acquisition of real estate or interest in real estate is made may be applied, without reduction of their maximum maturity, to retire anticipatory securities issued pursuant to this section.
All moneys raised by the issuance of securities pursuant to this section shall be applied to the purposes provided for in section 6119.31 of the Revised Code and in this section.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.37 | Civil Service Status of Employees.

Effective:
October 22, 1980
Latest Legislation:
House Bill 579 - 113th General Assembly
(A) Any employees of a political subdivision who are in the classified service under Chapter 124. of the Revised Code, and who because of the transfer of a facility of such 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 corporation who:
(1) Were employed in the municipal departments responsible for supplying water or for collecting, treating, and disposing of waste water;
(2) Were granted employment rights and protection under the charter of the municipal corporation or provisions adopted pursuant to the charter similar to those granted to employees in the classified state service under Chapter 124. of the Revised Code; and
(3) Lost their employment with the municipal corporation because of the creation or expansion of a regional water and sewer district or because of the transfer of a facility of the municipal corporation to a regional water and sewer district and became employees of the district after the creation, expansion, or transfer.
(C) All persons described in division (B) of this section shall, while employed by the district, be subject to the provisions of Chapter 124. of the Revised Code that govern the appointment, promotion, transfer, reinstatement, lay-off, reduction in pay or position, suspension, removal, and political activity of employees in the classified state service, and for the purposes of these provisions shall be treated as if they were employees in the classified state service. This division also applies to all persons employed by a regional water and sewer district after persons described in divisions (B)(1), (2), and (3) of this section become employees of the district.
(D) As used in this section:
(1) "Regional water and sewer district" includes a district organized under this chapter that has been designated as either a regional water district or a regional sewer district as provided in division (U) of section 6119.011 of the Revised Code.
(2) "State service" has the same meaning as given in section 124.01 of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.38 | Auditing by State Auditor.

Effective:
July 1, 1985
Latest Legislation:
House Bill 201 - 116th General Assembly
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.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.39 | Public Employees Retirement System Members.

Effective:
November 19, 1971
Latest Legislation:
Senate Bill 166 - 109th General Assembly
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.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.40 | Exemption From Taxes.

Effective:
September 3, 1986
Latest Legislation:
House Bill 720 - 116th General Assembly
The exercise of the powers granted by Chapter 6119. of the Revised Code, will in all respects be for the benefit of the people and for the increase of their prosperity and the improvement of their health and living conditions. The operation and maintenance of public works 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 the transfer of income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation within the state.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.41 | Power to Contract.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 assistance in planning, constructing, maintaining, using, and operating the works of the district, or in minimizing or preventing damage to its properties, works, and improvements, or for making surveys, investigations, or reports thereon.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.42 | Levy and Collection of Special Assessments.

Effective:
November 19, 1971
Latest Legislation:
Senate Bill 166 - 109th General Assembly
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 district by constructing any water resource project or part thereof which the board declares conducive to the public health, safety, convenience, or welfare by any one or more of the following methods:
(A) By a percentage of the tax value of the property assessed;
(B) In proportion to the benefits which result from the project;
(C) By the foot front of the property bounding and abutting upon the project.
The proceedings looking to such assessment may include more than one street, alley, or public road or place, or parcel of property or easement of the district.
Last updated October 21, 2022 at 4:24 PM
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.43 | Purposes of Special Assessments.

Effective:
November 19, 1971
Latest Legislation:
Senate Bill 166 - 109th General Assembly
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, profiles, and estimates;
(D) The cost of printing, serving, and publishing notices and any legislation required;
(E) The cost of all special proceedings;
(F) The cost of labor and material, whether furnished by contract or otherwise;
(G) Interest on bonds or notes issued in anticipation of the levy and collection of the special assessments;
(H) The total amount of damages resulting from the project which are assessed in favor of any owner of lands affected by the project, and interest thereon;
(I) The cost incurred in connection with the preparation, levy, and collection of the special assessments, including legal expenses incurred by reason of the project;
(J) Incidental costs connected with the project.
Last updated October 21, 2022 at 4:25 PM
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.44 | Description of Property to Be Assessed.

Effective:
October 19, 1971
Latest Legislation:
Senate Bill 166 - 109th General Assembly
In all proceedings in which lots or lands are to be charged with special assessments to 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.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.45 | Payment of Assessments by Annual Installments.

Effective:
November 19, 1971
Latest Legislation:
Senate Bill 166 - 109th General Assembly
Special 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.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.46 | Filing of Resolution of Necessity for Special Assessments.

Effective:
November 19, 1971
Latest Legislation:
Senate Bill 166 - 109th General Assembly
When it 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 office of the secretary of the board of trustees of the regional water and sewer district and shall be open to the inspection of all persons with interests therein. After such plans, specifications, profiles, and estimate of cost of the project have been filed in the office of the secretary, the board may declare the necessity of constructing such project by the passage of a resolution.
Such resolution shall:
(A) State the nature and location of the project and the lots or parcels of land to be assessed for the project;
(B) Approve the plans, specifications, profiles, and estimate of cost of the proposed project on file as provided in this section;
(C) State that the entire cost of the project is to be specially assessed or state what part of the cost is to be paid for by the district and what part is to be specially assessed;
(D) State the method or methods of levying the special assessments in accordance with section 6119.42 of the Revised Code;
(E) State the mode of payment and the number of annual installments of the special assessments to be levied;
(F) State whether or not bonds shall be issued in anticipation of the collection of the special assessments;
(G) Provide for the preparation of a list of estimated assessments in accordance with the method or methods of assessment set forth in the resolution, showing the amount of the assessment against each lot or parcel of land to be assessed. Such list of estimated assessments shall be filed in the office of the secretary of the board of trustees.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.47 | Notice of Estimates of Special Assessments.

Effective:
November 19, 1971
Latest Legislation:
Senate Bill 166 - 109th General Assembly
Notice of the passage of a resolution of necessity and the filing of the estimated assessments under section 6119.46 of the Revised Code shall, after the estimated assessments have been prepared and filed as provided by such section, be served by the secretary of 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 methods. If it appears by the return of service or the return of the certified mail notice that one or more of the owners cannot be found, such owners shall be served by publication of the notice once in at least one newspaper having a general circulation within the district. The notice shall also set forth the place where such estimated assessments are on file and are open for public inspection. The return of the person serving the notice or a certified copy thereof or a returned receipt for notice forwarded by certified mail accepted by the addressee or anyone purporting to act for him shall be prima-facie evidence of the service of notice under this section.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.48 | Objection to Special Assessments.

Effective:
November 19, 1971
Latest Legislation:
Senate Bill 166 - 109th General Assembly
The owner of any lot or parcel of land who objects to the assessment against such lot or parcel as set forth in the estimated assessments filed under section 6119.46 of the Revised Code shall file such objection, in writing, with the secretary of 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.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.49 | Assessment Equalization Board Appointment and Duties.

Effective:
November 19, 1971
Latest Legislation:
Senate Bill 166 - 109th General Assembly
In the event that the owner of any lot or parcel of land to be assessed objects to the estimated assessments as provided in section 6119.48 of the Revised Code, 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 be mailed at least five days before the date of such hearing. In the event that all lands within the district are to be subject to assessment, the assessment equalization board shall consist of three disinterested persons residing outside the district.
On the day appointed by the board of trustees for that purpose, the assessment equalization board shall meet and take an oath before a proper officer to honestly and impartially discharge its duties. It shall at such meeting, or at any adjournment thereof, hear and determine all objections to the estimated assessments which have been filed under section 6119.48 of the Revised Code, and shall equalize such estimated assessments as it thinks proper to conform to the standard or standards prescribed in the resolution adopted under section 6119.46 of the Revised Code.
If the assessment equalization board determines to increase the estimated assessment against any lot or parcel of land or to assess any lot or parcel of land not included in the estimated assessments, the assessment equalization board shall notify the owner of such lot or parcel by certified mail of such fact and set a time and place for a hearing on such increase or assessment. Such notice shall be mailed at least ten days before the date of such hearing.
After the completion of all hearings provided for in this section, the assessment equalization board shall report to the board of trustees its recommendations, including any changes which should be made in the estimated assessments.
The board of trustees may approve or disapprove the report, including any changes recommended by the assessment equalization board in the estimated assessments.
In the event the board of trustees disapproves the report of the assessment equalization board, it shall appoint a new equalization board and shall fix the time and place for the hearing by such new board of objections to the estimated assessments. Such new board shall have the same powers and duties and shall proceed in the same manner as the original board.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.50 | Claims for Damages.

Effective:
November 19, 1971
Latest Legislation:
Senate Bill 166 - 109th General Assembly
An owner of a lot or parcel of land claiming that he will sustain damages by reason of a proposed project, to be paid for in whole or in part by special assessments, shall, within twenty-eight days from the date of completion of the notice required under section 6119.47 of the Revised Code, file a claim in writing with the secretary of 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 result from the project, but shall not deprive the owner of his right to recover damages arising, without his fault, from the acts of the district or its agents. If, subsequent to the filing of such claim, the owner sells the property, or any part thereof, the assignee has the same right to damages which the owner would have had without the transfer.
When claims for damages are filed under this section and the board determines in the resolution adopted under section 6119.51 of the Revised Code that the damages shall be assessed before commencing such project, the board shall, within ten days after the passage of the resolution to proceed with the project under such section, make a written application to the court of common pleas for a jury. If the board determines that the damages shall be assessed after the completion of the project, the board shall make such written application within ten days after the completion of such project. The court shall direct the summoning of a jury in the manner provided by section 163.10 of the Revised Code, and shall fix the time and place for the inquiry and the assessment of such damages, which inquiry and assessment shall be confined to such claims.
The jury summoned under this section shall be sworn to inquire into and assess the actual damages in each case separately, under such rules and instructions as are given it by the court. When the jury cannot agree, it may be discharged, but the court may receive its verdict as to one or more of the claimants and discharge it with respect to the parties concerning whose claims it cannot agree. In case of the discharge of the jury because of such disagreement, a new jury shall be summoned and the same proceedings shall be had with respect to the claims concerning which there was no verdict.
If the jury summoned under this section finds no damages, the costs of the inquiry shall be taxed against the claimant or claimants and collected on execution. In other cases, the costs shall be paid by the district.
This section does not apply to an application for an injunction or other proceeding to which it may be necessary for such applicant to resort in case of urgent necessity.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.51 | Resolution of Intent to Proceed With Special Assessment Improvement.

Effective:
November 19, 1971
Latest Legislation:
Senate Bill 166 - 109th General Assembly
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 Revised Code, and the report of the assessment equalization board has been approved under section 6119.49 of the Revised Code, determine whether or not it will proceed with the proposed project.
In the event that the board determines to proceed with the construction of a project it shall pass a resolution which shall:
(A) State the intention of the board to proceed with the project in accordance with the resolution of necessity adopted under section 6119.46 of the Revised Code;
(B) Adopt the estimated assessments prepared and filed in accordance with the resolution of necessity passed under section 6119.46 of the Revised Code, or, in the event objections to such estimated assessments have been filed under section 6119.48 of the Revised Code, adopt the estimated assessments approved by the board under section 6119.49 of the Revised Code;
(C) State whether or not claims for damages filed in accordance with section 6119.50 of the Revised Code shall be judicially inquired into before commencing or after completing the proposed project.
Last updated October 21, 2022 at 4:25 PM
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.52 | Revision and Finalization of Assessments.

Effective:
November 19, 1971
Latest Legislation:
Senate Bill 166 - 109th General Assembly
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 the lots and lands enumerated in the estimated assessments adopted under section 6119.51 of the Revised Code, the total cost of the project or such lesser portion thereof as is to be specially assessed and such assessment as to each lot or parcel of land shall be increased or decreased in the same proportion to the estimated assessment on each such lot or parcel of land as the actual cost of the project bears to the estimated cost of the project upon which the estimated assessment was based. All such assessments shall be payable as provided in the resolution of necessity adopted under section 6119.46 of the Revised Code, and shall be final upon the adoption of the resolution provided for in this section.
Assessments made under this section shall be filed with the secretary of the board of trustees of the regional water and sewer district and shall be open to public inspection.
Upon the passage of such resolution levying special assessments, the board shall publish notice of the passage of such resolution once in at least one newspaper having a general circulation in the district, stating that such assessment has been made and is on file in the office of the secretary for the inspection and examination of persons interested therein.
Such special assessments are payable by the time and in the manner stipulated in such resolution, except that any such assessment in the amount of twenty-five dollars or less, or any unpaid balance or any such assessment which is twenty-five dollars or less, shall be paid in full, and not in installments, at the time the first or next installment would otherwise become due and payable, and are a lien from the date of the passage of such resolution upon the respective lots or parcels of land assessed.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6119 | Regional Water and Sewer Districts › Section 6119.53 | Penalty and Interest.

Effective:
November 19, 1971
Latest Legislation:
Senate Bill 166 - 109th General Assembly
When special assessments levied but uncollected by a district pursuant to Chapter 6119. of the Revised 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 repayment of water resource revenue bonds and notes shall bear interest at the same rate and for the same period as such bonds or notes. When the contribution of a regional water and sewer district, under an agreement between the district and the Ohio water development authority provided for in section 6121.13 of the Revised Code for the construction of a project for which the district can levy assessments as provided in Chapter 6119. of the Revised Code is to be made over a period of time from the proceeds of the collection or assessments, the interest accrued and to accrue before the first installment of such assessment shall be collected that is payable by such district on such contribution under such agreement shall be treated as part of the cost of the project for which such assessments are made, and that portion of such assessments as is collected in installments shall bear interest at the same rate that the district is obligated to pay on its contribution under such agreement and for the same period of time as the contribution is to be made under such agreement. If the assessments or any installment thereof are not paid when due, they shall bear interest until the payment thereof at the same rate as such contribution or as the bonds or notes issued in anticipation thereof, and the county auditor shall annually place upon the tax list and duplicate the penalty and interest as provided in Chapter 6119. of the Revised Code.