Ohio § 6115.79

§ 6115.79.

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 Interested: Public Notice is Hereby Given: (1) That on the _____ day of __________, _____, pursuant to The Sanitary District 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 Sanitary District to be known as __________ Sanitary District.  (Here insert the purposes.) (2) That the lands sought to be included in the 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 the __________ 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 the 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 the right-of-way line to the corporate limits

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

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

line between __________ Counties;  thence north along the 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 the right-of-way line to its intersection with

the __________ Pike;  thence westerly along the Pike to the center line of the bridge over __________ Creek;  thence up the 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 the 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 owning or interested in real estate within the

territory hereinbefore described 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 ____________________________________________ County. In the Matter of __________ Sanitary District: FINDINGS AND DECREE ON HEARING. On this _____ day of __________, 19 _____ 1 , this cause coming on for hearing on the petition of __________ and others, for the organization of a Sanitary District under the Sanitary District

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 Sanitary District substantially as prayed in the 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 the District: (Here insert additional lands.) (4) That the boundaries of the District as modified by the last finding herein are as

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

District under the Sanitary District Law of Ohio under the corporate name of __________ Sanitary 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 Sanitary District under the Sanitary District Law of Ohio under the corporate

name of __________ Sanitary 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 the Sanitary District: __________ for the term of three years, __________ for the term of five years, __________ 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 Property Owners to Pay Assessment: “ __________ Sanitary District. To All Persons Interested: Public Notice is Hereby Given: (1) That on the _____ day of __________, _____, the Board of Directors of __________ Sanitary District duly levied for the account of the Bond Fund of said District an

assessment upon all the property in the District in the aggregate sum of $ __________, has caused the same to be extended upon the assessment duplicate of said District,

and that the assessment duplicate is now in process of collection by the County Treasurer

of the County in which the lands are situated. (2) That the entire assessment against any parcel of land may be paid at any time on

or prior to __________, _____, without costs and without interest. (3) That as soon after the _____ day of __________, _____, as conveniently may be, the Board of Directors of the District will divide the uncollected

portion of the assessment into convenient installments and will issue bonds bearing

interest not exceeding the rate provided in section 9.95 of the Revised Code in anticipation of the collection of the several installments of said assessment,

pursuant to the Sanitary District Law of Ohio. President Secretary” (D) 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 __________ Sanitary 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 __________ Sanitary District and appointing a Board of Directors therefor. (2) That thereafter this Court duly appointed to be the Board of Appraisers for said District.  That the 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, who are owners of or

interested in the property described in this notice upon the question whether the

lands should be added to and included in the __________ Sanitary District. Clerk of the Court of Common Pleas of __________ County, Ohio” (E) 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 “____________________” Sanitary 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 __________ Sanitary District and appointing a Board of Directors therefor. (2) That thereafter this Court duly appointed the Board of Appraisers for said District.  That the Board of Appraisers on the _____ day of __________, _____, filed its Appraisal of Benefits and Damages and of land to be taken as follows:

 (Here insert general description of land appraised.) The 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 the Report, whether as benefited property or as property taken and damaged

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

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

their objections in the court on or before the _____ day of __________, _____, (here insert a date ten (10) days after the last publication of the notice) and

a hearing on the appraisal will be had on the _____ day of __________, _____, (here insert a date not less than twenty (20), nor more than thirty (30), days after

the date of the last 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 __________, _____” (F) Form of Certificate of Levy of Assessments: “State of Ohio, ) ) ss. County of __________________________________ ) To the Auditor of __________ County, Ohio: This is to certify that by virtue and under the authority of the Sanitary District

Law of Ohio, the Board of Directors of __________ Sanitary District have and do hereby levy the sum of __________ Dollars for the account of the Bond Fund of said District, which assessment bears

interest as provided by law and is payable in installments as follows:  (Here insert.) You are further notified that for the account of the Maintenance Fund for the year

_____, this Board has levied the sum of __________ Dollars. The amounts of the levies upon the several parcels of land upon which the same are

imposed are set forth upon the schedule hereunto attached, marked __________ Sanitary District Assessment Book.  The assessments shall be collectible and payable the present year in the sums therein

specified at the same time that the state and county taxes are due and collectible,

and you are directed and ordered to require the Treasurer of __________ County, Ohio, to demand and collect such assessments at the time that the treasurer

demands and collects the state and county taxes due on the same lands, and this Sanitary

District Assessment Book shall be your authority and the authority of the Treasurer

to make such collection. Witness the signature of the President of the Board of Directors, attested by the

seal of said corporation, and the signature of its Secretary, this _____ day of __________, _____. President. Secretary” 1

 So in original.