Ohio § 6103.081

§ 6103.081.

(A) After the establishment of any county sewer district, the board of county commissioners

may determine by resolution that it is necessary to provide water supply improvements

and to maintain and operate the improvements within the district or a designated portion

of the district, that the improvements, which shall be generally described in the

resolution, shall be constructed, that funds are required to pay the preliminary costs

of the improvements to be incurred prior to the commencement of the proceedings for

their construction, and that those funds shall be provided in accordance with this

section. (B) Prior to the adoption of the resolution, the board shall give notice of its pendency

and of the proposed determination of the necessity of the improvements generally described

in the resolution.  The notice shall set forth a description of the properties to be benefited by the

improvements and the time and place of a hearing of objections to and endorsements

of the improvements.  The notice shall be given either by publication in a newspaper of general circulation

in the county once a week for two consecutive weeks, by publication as provided in section 7.16 of the Revised Code , or by mailing a copy of the notice by first class or certified mail to the owners

of the properties proposed to be assessed at their respective tax mailing addresses,

or by a combination of these manners, the first publication to be made or the mailing

to occur at least two weeks prior to the date set for the hearing.  At the hearing, or at any adjournment of the hearing, of which no further published

or mailed notice need be given, the board shall hear all persons whose properties

are proposed to be assessed and the evidence it considers to be necessary.  The board then shall determine the necessity of the proposed improvements and whether

the improvements shall be made by the board and, if they are to be made, shall direct

the preparation of tentative assessments upon the benefited properties and by whom

they shall be prepared. (C) In order to obtain funds for the preparation of a general or revised general plan

of water supply for the district or part of the district, for the preparation of the

detailed plans, specifications, estimate of cost, and tentative assessment for the

proposed improvements, and for the cost of financing and legal services incident to

the preparation of all of those plans and a plan of financing the proposed improvements,

the board may levy upon the properties to be benefited in the district a preliminary

assessment apportioned according to benefits or to tax valuation or partly by one

method and partly by the other method as the board may determine.  The assessments shall be in the amount determined to be necessary to obtain funds

for the general and detailed plans and the cost of financing and legal services and

shall be payable in the number of years that the board shall determine, not to exceed

twenty years, together with interest on any public obligations that may be issued

or incurred in anticipation of the collection of the assessments. (D) The board shall have power at any time to levy additional assessments according to

benefits or to tax valuation or partly by one method and partly by the other method

as the board may determine for the purposes described in division (C) of this section

upon the benefited properties to complete the payment of the costs described in division

(C) of this section or to pay the cost of any additional plans, specifications, estimate

of cost, or tentative assessment and the cost of financing and legal services incident

to the preparation of those plans and the plan of financing, which additional assessments

shall be payable in the number of years that the board shall determine, not to exceed

twenty years, together with interest on any public obligations that may be issued

or incurred in anticipation of the collection of the additional assessments. (E) Prior to the adoption of a resolution levying assessments under this section, the

board shall give notice either by one publication in a newspaper of general circulation

in the county, or by mailing a copy of the notice by first class or certified mail

to the owners of the properties proposed to be assessed at their respective tax mailing

addresses, or by both manners, the publication to be made or the mailing to occur

at least ten days prior to the date of the meeting at which the resolution shall be

taken up for consideration;  that notice shall state the time and place of the meeting

at which the resolution is to be considered.  At the time and place of the meeting, or at any adjournment of the meeting, of which

no further published or mailed notice need be given, the board shall hear all persons

whose properties are proposed to be assessed, shall correct any errors and make any

revisions that appear to be necessary or just, and then may adopt a resolution levying

upon the properties determined to be benefited the assessments as so corrected and

revised. The assessments levied by the resolution shall be certified to the county auditor

for collection in the same manner as taxes in the year or years in which they are

payable. (F) Upon the adoption of the resolution described in division (E) of this section, no

further action shall be taken or work done until ten days have elapsed.  If, at the expiration of that period, no appeal has been effected by any property

owner as provided in this division, the action of the board shall be final.  If, at the end of that ten days, any owner of property to be assessed for the improvements

has effected an appeal, no further action shall be taken and no work done in connection

with the improvements under the resolution until the matters appealed from have been

disposed of in court. Any owner of property to be assessed may appeal as provided and upon the grounds stated

in sections 6117.09 to 6117.24 of the Revised Code . If no appeal has been perfected or if on appeal the resolution of the board is sustained,

the board may authorize and enter into contracts to carry out the purpose for which

the assessments have been levied without the prior issuance of notes, provided that

the payments under those contracts do not fall due prior to the time by which the

assessments are to be collected.  The board may issue and sell bonds with a maximum maturity of twenty years in anticipation

of the collection of the assessments and may issue notes in anticipation of the issuance

of the bonds, which notes and bonds, as public obligations, shall be issued and sold

as provided in Chapter 133. of the Revised Code.