Ohio § 6101.63

§ 6101.63.

In addition to the uniform rates for water provided for by sections 6101.24 and 6101.53 of the Revised Code , the board of directors of a conservancy district, for the purpose of providing funds

for bond retirement and interest, and thus accomplishing reduction in the amount to

be collected through annual levy, may charge an additional rate for water furnished

by the district to a public corporation or person within the district.  The aggregate amount collected through such additional rate from any public corporation

or person during each successive five year period shall not exceed ninety per cent

of the total amount of annual levies which would be collectible from such public corporation

or person during such period without such additional rate.  Before such additional rate to a public corporation may be established, the governing

body or other legislative authority thereof shall pass a resolution and shall certify

a copy thereof to the board.  Such resolution shall determine that an additional rate for water furnished to such

public corporation by the district should be established for the purpose of accomplishing

reduction of the amount payable by such public corporation through assessment or annual

levy of such district, shall determine what percentage, as limited by this section,

of the total amount of the annual levies upon such public corporation during a five

year period or successive five year periods is to be paid through such additional

rate, shall determine the number of years, which may be not less than five, for which

such additional rate is to be effective, and shall request determination of such additional

rate by the board.  The board shall thereupon determine an additional rate in accordance with the basis

and for the term of years set forth in said resolution.  Upon determination of such additional rate to a public corporation or person by

the board, the board shall report its determination to the court and thereafter all

proceedings shall be had in the same manner as is provided by section 6101.24 of the Revised Code .  Upon the final approval by the court of such additional rate, it shall be conclusive

and binding.  The officers of such public corporation having authority to establish rates for

water furnished by such public corporation shall thereupon establish such rates as

are necessary to produce sufficient revenue for the payment of such additional rate

in addition to the other expenses and obligations of the water department of the public

corporation.  When such rates are so established, sections 735.29 and 743.04 of the Revised Code shall apply in the assessment and collection of such rates by the public corporation.  Thereafter during the term for which the additional rate has been determined and

approved by the court, such additional rate may be reduced upon determination of a

reduced rate by the board and approval thereof by the court, after a hearing in the

manner provided by section 6101.24 of the Revised Code . Bills for such additional charges to a public corporation shall be rendered and payment

made from the funds of the water-works department of such public corporation in the

same manner as is provided by section 6101.53 of the Revised Code .  The use of funds of the water-works department of a municipal corporation for the

purpose of payment of such additional charges shall be in addition to the uses permitted

by sections 715.08 , 735.29 , 743.04 , and 743.05 of the Revised Code , and the governing body or other appropriating authority may appropriate funds of

the water-works department for such purpose.  Revenue received by the district through such additional rate shall be set apart

in the bond fund and shall be appropriated by the board from time to time solely for

the purpose of paying the principal and interest of bonds of the district. Each year in determining, ordering, and levying an annual levy upon a public corporation

or person within the district, as provided by section 6101.55 of the Revised Code , the board shall credit such public corporation or person with such amount as has

been actually paid to the district through such additional rate and not previously

credited, and such credit shall apply as a reduction of the amount of such annual

levy upon such public corporation or person.