Ohio § 6119.06

§ 6119.06.

Upon the declaration of the court of common pleas organizing the regional water and

sewer district pursuant to section 6119.04 of the Revised Code and upon the qualifying of its board of trustees and the election of a president

and a secretary, said district shall exercise in its own name all the rights, powers,

and duties vested in it by Chapter 6119. of the Revised Code, and, subject to such

reservations, limitations and qualifications as are set forth in this chapter, such

district may: (A) Adopt bylaws for the regulation of its affairs, the conduct of its business, and

notice of its actions; (B) Adopt an official seal; (C) Maintain a principal office and suboffices at such places within the district as

it designates; (D) Sue and plead in its own name;  be sued and impleaded in its own name with respect

to its contracts or torts of its members, employees, or agents acting within the scope

of their employment, or to enforce its obligations and covenants made under sections 6119.09 , 6119.12 , and 6119.14 of the Revised Code .  Any such actions against the district shall be brought in the court of common pleas

of the county in which the principal office of the district is located, or in the

court of common pleas of the county in which the cause of action arose, and all summonses,

exceptions, and notices of every kind shall be served on the district by leaving a

copy thereof at the principal office with the person in charge thereof or with the

secretary of the district. (E) Assume any liability or obligation of any person or political subdivision, including

a right on the part of such district to indemnify and save harmless the other contracting

party from any loss, cost, or liability by reason of the failure, refusal, neglect,

or omission of such district to perform any agreement assumed by it or to act or discharge

any such obligation; (F) Make loans and grants to any person or political subdivisions for the design, acquisition,

or construction of water resource projects by such person or political subdivisions

and adopt rules, regulations, and procedures for making such loans and grants; (G) Acquire, construct, reconstruct, enlarge, improve, furnish, equip, maintain, repair,

operate, lease or rent to or from, or contract for operation by or for, a political

subdivision or person, water resource projects within or without the district; (H) Make available the use or service of any water resource project to one or more persons,

one or more political subdivisions, or any combination thereof; (I) Levy and collect taxes and special assessments; (J) Issue bonds and notes and refunding bonds and notes as provided in Chapter 6119.

of the Revised Code; (K) Acquire by gift or purchase, hold, and dispose of real and personal property in the

exercise of its powers and the performance of its duties under Chapter 6119. of the

Revised Code; (L) Dispose of, by public or private sale, or lease any real or personal property determined

by the board of trustees to be no longer necessary or needed for the operation or

purposes of the district; (M) Acquire, in the name of the district, by purchase or otherwise, on such terms and

in such manner as it considers proper, or by the exercise of the right of condemnation

in the manner provided by section 6119.11 of the Revised Code , such public or private lands, including public parks, playgrounds, or reservations,

or parts thereof or rights therein, rights-of-way, property, rights, easements, and

interests as it considers necessary for carrying out Chapter 6119. of the Revised

Code, but excluding the acquisition by the exercise of the right of condemnation of

any waste water facility or water management facility owned by any person or political

subdivision, and compensation shall be paid for public or private lands so taken; (N) Adopt rules and regulations to protect augmented flow by the district in waters of

the state, to the extent augmented by a water resource project, from depletion so

it will be available for beneficial use, to provide standards for the withdrawal from

waters of the state of the augmented flow created by a water resource project which

is not returned to the waters of the state so augmented, and to establish reasonable

charges therefor, if considered necessary by the district; (O) Make and enter into all contracts and agreements and execute all instruments necessary

or incidental to the performance of its duties and the execution of its powers under

Chapter 6119. of the Revised Code; (P) Enter into contracts with any person or any political subdivision to render services

to such contracting party for any service the district is authorized to provide; (Q) Enter into agreements for grants or the receipt and repayment of loans from a board

of township trustees under section 505.705 of the Revised Code ; (R) Make provision for, contract for, or sell any of its by-products or waste; (S) Exercise the power of eminent domain in the manner provided in Chapter 6119. of the

Revised Code; (T) Remove or change the location of any fence, building, railroad, canal, or other structure

or improvement located in or out of the district, and in case it is not feasible or

economical to move any such building, structure, or improvement situated in or upon

lands required, and if the cost is determined by the board to be less than that of

purchase or condemnation, to acquire land and construct, acquire, or install therein

or thereon buildings, structures, or improvements similar in purpose, to be exchanged

for such buildings, structures, or improvements under contracts entered into between

the owner thereof and the district; (U) Receive and accept, from any federal or state agency, grants for or in aid of the

construction of any water resource project, and receive and accept aid or contributions

from any source of money, property, labor, or other things of value, to be held, used,

and applied only for the purposes for which such grants and contributions are made; (V) Purchase fire and extended coverage and liability insurance for any water resource

project and for the principal office and suboffices of the district, insurance protecting

the district and its officers and employees against liability for damage to property

or injury to or death of persons arising from its operations, and any other insurance

the district may agree to provide under any resolution authorizing its water resource

revenue bonds or in any trust agreement securing the same; (W)(1) Charge, alter, and collect rentals and other charges for the use of services of any

water resource project as provided in section 6119.09 of the Revised Code .  Such district may refuse the services of any of its projects if any of such rentals

or other charges, including penalties for late payment, are not paid by the user thereof,

and, if such rentals or other charges are not paid when due and upon certification

of nonpayment to the county auditor, such rentals or other charges constitute a lien

upon the property so served, shall be placed by the auditor upon the real property

tax list and duplicate, and shall be collected in the same manner as other taxes. (2) A district shall not certify to the county auditor for placement upon the tax list

and duplicate and the county auditor shall not place upon the tax list or duplicate

as a charge against the property the amount of unpaid rentals or other charges including

any penalties for late payment as described in division (W)(1) of this section if

any of the following apply: (a) The property served has been transferred or sold to an electing subdivision as defined

in section 5722.01 of the Revised Code , regardless of whether the electing subdivision is still the owner of the property,

and the unpaid rentals or other charges including penalties for late payment have

arisen from a period of time prior to the transfer or confirmation of sale to the

electing subdivision. (b) The property served has been sold to a purchaser at sheriff's sale or auditor's sale,

the unpaid rentals or other charges including penalties for late payment have arisen

from a period of time prior to the confirmation of sale, and the purchaser is not

the owner of record of the property immediately prior to the judgment of foreclosure

nor any of the following: (i) A member of that owner's immediate family; (ii) A person with a power of attorney appointed by that owner who subsequently transfers

the property to the owner; (iii) A sole proprietorship owned by that owner or a member of that owner's immediate family; (iv) A partnership, trust, business trust, corporation, or association of which the owner

or a member of the owner's immediate family owns or controls directly or indirectly

more than fifty per cent. (c) The property served has been forfeited to this state for delinquent taxes, unless

the owner of record redeems the property. (3) Upon valid written notice to the county auditor by any owner possessing an ownership

interest of record of the property or an electing subdivision previously in the chain

of title to the property that the unpaid water rents or charges together with any

penalties have been certified for placement or placed upon the tax list and duplicate

as a charge against the property in violation of division (W)(2) of this section,

the county auditor shall promptly remove such charge from the tax duplicate.  This written notice to the county auditor shall include all of the following: (a) The parcel number of the property; (b) The common address of the property; (c) The date of the recording of the transfer of the property to the owner or electing

subdivision; (d) The charge allegedly placed in violation of division (W)(2) of this section. (4) When title to property is transferred to a county land reutilization corporation,

any lien placed on the property under this division shall be extinguished, and the

corporation shall not be held liable for any rentals or charges certified under this

division with respect to the property, if the rentals or charges were incurred before

the date of the transfer to the corporation and if the corporation did not incur the

rentals or charges, regardless of whether the rentals or charges were certified, or

the lien was attached, before the date of transfer.  In such a case, the corporation and its successors in title shall take title to

the property free and clear of any such lien and shall be immune from liability in

any collection action brought with respect to such rentals or charges.  If a lien placed on property is extinguished as provided in this division, the district

shall retain the ability to recoup the rents and charges incurred with respect to

the property from any owner, tenant, or other person liable to pay such rents and

charges before the property was transferred to the corporation. (X) Provide coverage for its employees under Chapters 145., 4123., and 4141. of the Revised

Code; (Y) Merge or combine with any other regional water and sewer district into a single district,

which shall be one of the constituent districts, on terms so that the surviving district

shall be possessed of all rights, capacity, privileges, powers, franchises, and authority

of the constituent districts and shall be subject to all the liabilities, obligations,

and duties of each of the constituent districts and all rights of creditors of such

constituent districts shall be preserved unimpaired, limited in lien to the property

affected by such liens immediately prior to the time of the merger and all debts,

liabilities, and duties of the respective constituent districts shall thereafter attach

to the surviving district and may be enforced against it, and such other terms as

are agreed upon, provided two-thirds of the members of each of the boards consent

to such merger or combination.  Such merger or combination shall become legally effective unless, prior to the ninetieth

day following the later of the consents, qualified electors residing in either district

equal in number to a majority of the qualified electors voting at the last general

election in such district file with the secretary of the board of trustees of their

regional water and sewer district a petition of remonstrance against such merger or

combination.  The secretary shall cause the board of elections of the proper county or counties

to check the sufficiency of the signatures on such petition. (Z) Exercise the powers of the district without obtaining the consent of any other political

subdivision, provided that all public or private property damaged or destroyed in

carrying out the powers of the district shall be restored or repaired and placed in

its original condition as nearly as practicable or adequate compensation made therefor

by the district; (AA) Require the owner of any premises located within the district to connect the owner's

premises to a water resource project determined to be accessible to such premises

and found to require such connection so as to prevent or abate pollution or protect

the health and property of persons in the district.  Such connection shall be made in accordance with procedures established by the board

of trustees of such district and pursuant to such orders as the board may find necessary

to ensure and enforce compliance with such procedures. (BB) Do all acts necessary or proper to carry out the powers granted in Chapter 6119.

of the Revised Code.