Ohio § 6101.53

§ 6101.53.

To maintain, operate, and preserve the reservoirs, ditches, drains, dams, levies,

canals, sewers, pumping stations, treatment and disposal works, or other properties

or improvements acquired or made pursuant to this chapter, to strengthen, repair,

and restore the same, when needed, and to defray the current expenses of the conservancy

district, the board of directors of the district may, upon the substantial completion

of the improvements and on or before the thirtieth day of September in each year thereafter,

levy an assessment upon each tract or parcel of land and upon each public corporation

within the district, subject to assessments under this chapter, to be known as a conservancy

maintenance assessment.  No assessment shall be made with respect to works and improvements acquired or constructed

for the purpose of providing a water supply for domestic, industrial, and public use

within the district, when the water supply can be metered or measured when furnished

to persons or public corporations.  If the district, for the benefit of one or more persons or political subdivisions,

provides a water supply that recharges underground aquifers and thereby replenishes

wells or provides a source of water for new wells, or increases the natural low flow

of a stream used for water supply, or creates an impoundment, in such a way that the

augmented use of water cannot be metered or measured for individual or public consumption,

the board may make a maintenance assessment against benefited property and public

corporations in the same manner provided in this section for maintenance of other

properties or improvements. The maintenance assessment shall be apportioned upon the basis of the total appraisal

of benefits accruing for original and subsequent construction, shall not exceed one

per cent of the total appraisal of benefits in any one year unless the court by its

order authorizes an assessment of a larger percentage, and shall be certified to

the county auditor of each county in which lands of the district are located in the

conservancy assessment record but in a separate column in like manner and at the same

time as the annual installment of the assessment levied under section 6101.48 of the Revised Code is certified, under the heading maintenance assessment.  The auditor shall certify the same to the county treasurer of the county at the

same time that the auditor certifies the annual installment of the assessments levied

under that section, and the sum of the levies for any tract or public corporation

may be certified as a single item.  The treasurer shall demand and collect the maintenance assessment and make return

of it, and shall be liable for the same penalties for failure to do so as are provided

for the annual installment of the assessment levied under section 6101.48 of the Revised Code . The amount of the maintenance assessment paid by any parcel of land or public corporation

shall not be credited against the benefits assessed against the parcel of land or

public corporation, but the maintenance assessment shall be in addition to any assessment

that has been or can be levied under section 6101.48 of the Revised Code . To maintain, operate, and preserve the works and improvements of the district acquired

or constructed for the purpose of providing a water supply, to strengthen, repair,

and restore the same, and to defray the current expenses of the district for this

purpose, the board may impose rates for the sale of water to public corporations and

persons within the district.  The rates to be charged for the water shall be fixed and adjusted by the board at

intervals of not less than one year, so that the income thus produced will be adequate

to provide a maintenance fund for the purpose of water supply.  Contracts for supplying water to public corporations and persons shall be entered

into before the service is rendered by the district.  Contracts shall specify the maximum quantity of water to be furnished to the public

corporation or person, and the quantity shall be fixed so as equitably to distribute

the supply.  Preference shall be given to water supply furnished to public corporations for domestic

and public uses.  Bills for water supplied to public corporations shall be rendered at regular intervals

and shall be payable from the waterworks fund of the public corporation or, if it

is not sufficient, from the general fund. For tax years 2020 to 2024, qualifying real property, as defined in section 727.031 of the Revised Code , is exempt from special assessments levied under this section, provided no delinquent

special assessments and related interest and penalties are levied or assessed against

any property owned by the owner and operator of the qualifying real property for that

tax year.