Ohio § 6101.84

§ 6101.84.

The following forms illustrate the character of the procedure contemplated by this

chapter, and, if substantially complied with, those things being changed which should

be changed to meet the requirements of the particular case, such procedure shall be

held to meet the requirements of this chapter. (A) Form of Notice of Hearing on the Petition: “To all Persons and Public Corporations Interested: Public Notice is Hereby Given: (1) That on the _____ day of __________, _____, pursuant to the Conservancy Law of Ohio, there was filed in the office of the Clerk

of the Court of Common Pleas of __________ County, Ohio, the petition of __________ and others for the establishment of a Conservancy District to be known as __________ Conservancy District. (Here insert the purposes) (2) That the lands sought to be included in said District comprise lands in __________ and __________ Counties, Ohio, described substantially as follows: Beginning on the north line of __________ County at its point of intersection with the west bank of the __________ River;  thence west along the north line of __________ County to the high bluffs facing said __________ River on the west;  thence following the base of the line of said bluffs to the north

line of the right of way of the __________ Railroad;  thence west along the north right of way line of said Railroad to the

center line of __________ Avenue in the Village of __________;  thence south along the center line of __________ Avenue to the __________ Pike;  thence southeasterly along the __________ Pike to the southeasterly line of the right of way of the __________ Railroad;  thence southeasterly along said right of way line to the corporate limits

of the City of __________;  thence with said corporation line southerly, easterly, and northerly to the southerly

right of way line of the main track of the __________ Railroad;  thence easterly along said last named right of way line to the boundary

line between __________ Counties;  thence north along said County line to the southerly line of __________ County;  thence easterly along the dividing line between __________ Counties to the easterly line of the right of way of the __________ Railroad;  thence northerly along said right of way line to its intersection with

the __________ Pike;  thence westerly along said Pike to the center line of the bridge over __________ Creek;  thence up said Creek and along the center line thereof to the north line

of __________ County;  thence west to the place of beginning. Or, if found more convenient, the lands sought to be included in the District may

be described as follows: All of Township __________ in Range __________ between the __________ Railroad and the __________ River;  the following lands in __________ Township and __________ Range;  Section __________ and the __________ half of Section __________;  also all lands within the corporate limits of the City of __________ etc. (3) That a public hearing on said petition will be had in said Court on _____ the _____ day of __________, _____, at the hour of _____ o'clock ___M. by the Court of Common Pleas of __________ County, at the Courthouse in the City of __________ County, Ohio. All persons and public corporations interested will be given the opportunity to be

heard at the time and place above specified. Clerk of the Court of Common Pleas of __________ County, Ohio. Dated __________, Ohio, __________, _____” (B) Form of Finding on Hearing: “State of Ohio, ) ) ss. _____ County ) In the Court of Common Pleas of __________ County.  In Matter of __________ Conservancy District: FINDINGS AND DECREE ON HEARING On this _____ day of __________, _____, this cause coming on for hearing upon the petition of __________ and others, for the organization of a Conservancy District under the Conservancy

Law of Ohio, the Court, after a full hearing now here finds: (1) That it has jurisdiction of the parties to and the subject matter of this proceeding. (2) That the purposes for which said District is established are: (Insert the purposes) And that it is a public necessity. (3) That the public safety, health, convenience, and welfare will be promoted by the

organization of a Conservancy District substantially as prayed in said petition (if

additional lands are added by petition) except, that the following additional lands

at the petition of the owners thereof should be and hereby are included in said District: (Here insert additional lands) (4) That the boundaries of said District as modified by the last finding herein are as

follows:  (Here insert corrected boundaries of district) (5) That the said territory last above described should be erected into and created a

Conservancy District under the Conservancy Law of Ohio under the corporate name of

__________ Conservancy District. Wherefore, it is by the Court ordered, adjudged, and decreed: That the territory as above described be, and the same hereby is erected into and

created a Conservancy District under the Conservancy Law of Ohio under the corporate

name of __________ Conservancy District, with its office or principal place of business at __________, in __________ County, Ohio.  (If directors are appointed at the same time) And the following persons are hereby

appointed directors of said Conservancy District: __________, for the term of three years, __________, for the term of four years (if the district includes all or parts of more than sixteen

counties), __________, for the term of five years, __________, for the term of six years (if the district includes all or parts of more than sixteen

counties), __________, for the term of seven years, who are hereby directed to qualify and proceed according

to law. (6) For consideration of other matters herein, this cause is retained on the docket. Judge” (C) Form of Notice to Persons and Public Corporations to pay Assessment: “To all Persons and Public Corporations Interested: Public Notice is Hereby Given: (1) That on the _____ day of __________, _____, the Board of Directors of The __________ Conservancy District duly levied an assessment upon all the benefited property and

public corporations in said District in the aggregate sum of $ _____, has caused the same to be recorded upon the Assessment Record of said District,

and that said Assessment Record is now on file in the office of the District at __________. (2) That the assessment against any parcel of land or any public corporation may be paid

to the Treasurer of The __________ Conservancy District at any time on or prior to __________, _____, without costs and without interest, and if so paid a discount of ten per cent of

the assessment will be allowed according to law. (3) That as soon after the _____ day of __________, _____, as conveniently may be, the Board of Directors of said District will divide the

uncollected assessment into convenient installments, provide for the collection of

interest on the unpaid installments, and issue bonds bearing interest in anticipation

of the collection of the several installments of said assessment pursuant to the Conservancy

Law of Ohio. President Secretary” (D) Form of Bond and of Coupon: (Form of Bond) “No. ______________________________ $ ______________________________ UNITED STATES OF AMERICA State of Ohio _ Conservancy District. Conservancy Bond. Know all Persons by These Presents that __________ Conservancy District, a legally organized Conservancy District of the State of Ohio,

acknowledges itself to owe and for value received hereby promises to pay to bearer

__________ Dollars ($ _____) on the first day of __________, _____, with interest thereon from the date hereof until paid at the rate of _____ per cent per annum, payable __________, _____, and semiannually thereafter on the first day of __________ and of __________ in each year on presentation and surrender of the annexed interest coupons as they

severally become due.  Both principal and interest of this bond are hereby made payable in lawful money

of the United States of America. This bond is one of a series of bonds issued by __________ Conservancy District for the purpose of paying the cost of constructing a system

of flood prevention (or for the other works) for said District and in anticipation

of the collection of the several installments of an assessment duly levied upon lands

and public corporations within said District and benefited by said improvement in

strict compliance with the Conservancy Law of Ohio, and pursuant to an order of the

Board of Directors of said District duly made and entered of record. And it is hereby certified and recited that all acts, conditions, and things required

to be done in locating and establishing said District and in equalizing appraisals

of benefits and in levying assessments against lands and public corporations benefited

thereby, and in authorizing, executing, and issuing this bond, have been legally had,

done, and performed in due form of law;  that the total amount of bonds issued by

said District does not exceed ninety per cent of the assessments so levied and unpaid

at the time said bonds are issued or any legal limitation thereof. And for the performance of all the covenants and stipulations of this bond and of

the duties imposed by law upon said District for the collection of the principal and

interest of said assessments and the application thereof to the payment of this bond

and the interest thereon, and for the levying of such other and further assessments

as are authorized by law and as may be required for the prompt payment of this bond

and the interest thereon, the full faith, credit, and resources of said __________ Conservancy District are hereby irrevocably pledged. In Testimony Whereof the Board of Directors of __________ Conservancy District has caused this bond to be signed by its President, attested

by its Secretary, and registered by the Treasurer of State, and the coupons hereto

annexed to be executed by the facsimile signatures of said President and Secretary,

as of the _____ day of __________, _____. President Attest: __________ Secretary” (Form of Coupon) “$____________________________________________ (__________) On the first day of (__________) ___, (__________) __________ Conservancy District promises to pay to bearer __________ Dollars ($ _____) lawful money of the United States of America, at the office of the Treasurer of

State, Columbus, Ohio, being semiannual interest due on that date on its Conservancy

Bond dated __________, _____. President No. __________ __________ Secretary” (E) Form of Notice of Enlargement of District: “State of Ohio, ) ) ss. County of __________ ) In the Court of Common Pleas, __________ County, Ohio. In the Matter of __________ Conservancy District NOTICE OF ENLARGEMENT OF DISTRICT To All Persons (and Public Corporations, if any) Interested: Public Notice Is Hereby Given: (1) That heretofore on the _____ day of __________, _____, the Court of Common Pleas of __________ County, Ohio, duly entered a final decree erecting and creating __________ Conservancy District and appointing a Board of Directors therefor. (2) That thereafter this Court duly appointed __________ __________ __________ __________ (if the district included all or part of more than sixteen counties) __________ (if the district includes all or parts of more than sixteen counties) to be the Board of Appraisers for said District.  That said Board of Appraisers on the _____ day of __________, _____, filed its report recommending that the following described lands, not originally

included in the District, be added thereto: (Here describe generally the lands which the Report of the Board of Appraisers recommends

should be added to the District). (3) That on __________, the _____ day of __________, _____, (or as soon thereafter as the convenience of the Court will permit), at the Courthouse

in __________ of __________, Ohio, the Court of Common Pleas of __________ County, Ohio, will hear all persons and public corporations interested upon the question

whether said lands should be added to and included in said __________ Conservancy District. Clerk of the Court of Common Pleas of __________ County, Ohio” (F) Form of Notice of Hearing on Appraisals: “State of Ohio, ) ) ss. County of __________ ) In the Court of Common Pleas, __________ County, Ohio. In the Matter of ) ) Conservancy District ) NOTICE OF HEARING ON APPRAISALS To all Persons and Public Corporations Interested: Public Notice Is Hereby Given: (1) That heretofore on the _____ day of __________, _____, the Court of Common Pleas of __________ County, Ohio, duly entered a decree erecting and creating __________ Conservancy District and appointing a Board of Directors therefor. (2) That thereafter this Court duly appointed ____________________________________________________________ the Board of Appraisers for said District.  That said Board of Appraisers on the _____ day of __________, _____, filed its Appraisals of Benefits and Damages and of land to be taken as follows:

 (Here insert general description of land appraised) The said appraisal of benefits and damages and of land to be taken is now on file

in the office of the clerk of this court. (3) All public corporations and all persons, owners of or interested in the property

described in said Report, whether as benefited property or as property taken and damaged

(whether said taken or damaged property lies within or without said District), desiring

to contest the appraisals as made and returned by the Board of Appraisers, must file

their objections in said court on or before the _____ day of __________, _____, (here insert a date thirty days after the publication of the notice) and a hearing

on said appraisal will be had on the _____ day of __________, _____, (here insert a date not less than forty, or more than fifty, days after the date

of the publication of this notice, as fixed by the court) in the City of __________, Ohio, at which time an opportunity will be afforded all objectors to be heard upon

their several objections. Clerk of the Court of Common Pleas of __________ County, Ohio Dated at the City of __________, Ohio, this _____ day of __________, _____.” (G) Form of Certificate of Assessment Record: “This is to Certify: (1) That on the _____ day of __________, _____, the Board of Directors of The __________ Conservancy District duly levied an assessment upon all the benefited property and

public corporations in said District in the aggregate sum of $ _____, together with interest, and duly apportioned said assessment to and levied said

assessment upon each tract of land or other property and each public corporation in

said District in proportion to the benefits thereto. (2) That the said assessment and the apportionment thereof upon the benefited lands and

public corporations have been recorded in the Conservancy Assessment Record of The

__________ Conservancy District which contains a notation of the items of property and the public

corporations to which benefits have been appraised, the total amount of benefits appraised

against each item or public corporation, and the total assessment levied against each

item or public corporation. (3) That the Conservancy Assessment Record of The __________ Conservancy District contains a true and correct record of the benefits approved

and confirmed by the Court and of the assessment levied by the Board of Directors

thereof on _____ day of __________, _____. IN WITNESS WHEREOF, the President and Secretary, respectively, of the Board of Directors

of The __________ Conservancy District have hereunto set their hands this _____ day of __________, _____. President Secretary” (H) Form of Certificate of Annual Levy: “This is to Certify: (1) That on the _____ day of __________, _____, the Board of Directors of The __________ Conservancy District determined, ordered, and levied the Annual Levy of _____ (year) upon all the benefited property and public corporations in said District in

the aggregate sum of $ _____ for the account of the Bond Retirement Fund of said District and pursuant to and

being a part of assessments heretofore levied. (2) That the said Board of Directors has duly apportioned said Annual Levy to all of

the benefited properties and public corporations in said District and that the respective

amounts of said Annual Levy imposed upon the benefited properties and public corporations

have been recorded in the Assessment record of The __________ Conservancy District, which contains a schedule thereof. (3) That on the _____ day of __________, _____, the Board of Directors of The __________ Conservancy District duly levied a maintenance assessment for the year _____, in the aggregate sum of $ _____ for the account of the Maintenance Fund of said District.  That said maintenance assessment has been duly apportioned to the benefited properties

and public corporations in said District in proportion to benefits and that the amounts

of said maintenance assessment imposed upon the properties and public corporations

in said District have been recorded in the Conservancy Assessment record of The __________ Conservancy District. (4) That the Conservancy Assessment record contains a true and correct record of the

Annual Levy of _____ (year) and of the maintenance assessment for the year _____ as determined, ordered, and levied by the Board of Directors of The __________ Conservancy District on the _____ day of __________, _____. (5) That the said amounts of said Annual Levy and of said maintenance assessment shall

be collectible and payable in the year _____ in the sums specified at the same time that the state and county taxes are due and

collectible. IN WITNESS WHEREOF, the President and Secretary, respectively, of the Board of Directors

of the __________ Conservancy District have hereunto set their hands this _____ day of __________, _____. President Secretary”