Ohio § 6117.05

§ 6117.05.

(A) Whenever any portion of a sewer district is incorporated as, or annexed to, a municipal

corporation, the area so incorporated or annexed shall remain under the jurisdiction

of the board of county commissioners for purposes of the acquisition and construction

of sanitary and drainage facility and prevention or replacement facility improvements

until all of those improvements for the area for which a resolution described in division (A) or (E) of section 6117.06 of the Revised Code has been adopted by the board have been acquired or completed or until the board

has abandoned the improvements.  The board, unless and until a conveyance is made to a municipal corporation in accordance

with division (B) of this section, shall continue to have jurisdiction in the area

so incorporated or annexed with respect to the management, maintenance, and operation

of all sanitary and drainage facilities and prevention or replacement facilities so

acquired or completed, or previously acquired or completed, including the right to

establish rules and rates and charges for the use of, and connections to, the facilities.  The incorporation or annexation of any part of a district shall not affect the legality

or enforceability of any public obligations issued or incurred by the county for purposes

of this chapter to provide for the payment of the cost of acquisition, construction,

maintenance, or operation of any sanitary or drainage facilities or prevention or

replacement facilities within the area, or the validity of any assessments levied

or to be levied upon properties within the area to provide for the payment of the

cost of acquisition, construction, maintenance, or operation of the facilities. (B) A board may convey, by mutual agreement, to a municipal corporation any completed

sanitary or drainage facilities or prevention or replacement facilities acquired or

constructed by a county under this chapter for the use of, or service of property

located in, any county sewer district, or any part of those facilities to which any

of the following applies: (1) The facilities are located within the municipal corporation or within any area that

is incorporated as, or annexed to, the municipal corporation. (2) The facilities serve the municipal corporation or any area that is located within

or that is incorporated as, or annexed to, the municipal corporation. (3) The facilities are connected to facilities of the municipal corporation. The conveyance shall be completed with terms and for consideration as may be negotiated.  Upon and after the conveyance, the municipal corporation shall manage, maintain,

and operate the facilities in accordance with the agreement.  The board may retain the right to joint use of all or part of any facilities so

conveyed for the benefit of the district.  Neither the validity of any assessment levied or to be levied, nor the legality

or enforceability of any public obligations issued or incurred, to provide for the

payment of the cost of the acquisition, construction, maintenance, or operation of

the facilities or any part of them, shall be affected by the conveyance.