Ohio § 6119.09

§ 6119.09.

A regional water and sewer district may charge, alter, and collect rentals or other

charges, including penalties for late payment, for the use or services of any water

resource project or any benefit conferred thereby and contract in the manner provided

by this section with one or more persons, one or more political subdivisions, or any

combination thereof, desiring the use or services thereof, and fix the terms, conditions,

rentals, or other charges, including penalties for late payment, for such use or services.  Such rentals or other charges shall not be subject to supervision or regulation

by any authority, commission, board, bureau, or agency of the state or any political

subdivision, and such contract may provide for acquisition by such political subdivision

of all or any part of such water resource project for such consideration payable over

the period of the contract or otherwise as the district in its sole discretion determines

to be appropriate, but subject to the provisions of any resolution authorizing the

issuance of water resource revenue bonds or notes or water resource revenue refunding

bonds of the district or any trust agreement securing the same.  Any political subdivision, which has power to construct, operate, and maintain waste

water facilities or water management facilities may enter into a contract or lease

with the district whereby the use or services of any water resource project of the

district will be made available to such political subdivision and pay for such use

or services such rentals or other charges as may be agreed to by the district and

such political subdivision. Any political subdivision, person, or combination thereof may cooperate with the district

in the acquisition or construction of a water resource project and shall enter into

such agreements with the district as are necessary, with a view to effective cooperative

action and safeguarding of the respective interests of the parties thereto, which

agreements shall provide for such contributions by the parties thereto in such proportion

as may be agreed upon and such other terms as may be mutually satisfactory to the

parties, including without limitation the authorization of the construction of the

project by one of the parties acting as agent for all of the parties and the ownership

and control of the project by the district or one or more of the other parties or

any combination thereof to the extent determined necessary or appropriate.  Any political subdivision may provide the funds for the payment of such contribution

as is required under such agreements by the levy of taxes, assessments, or rentals

and other charges for the use of the system of which the water resource project is

a part or to which it is connected, if otherwise authorized by the laws governing

such political subdivision in the construction of the type of water resource project

provided for in the agreements, and may pay the proceeds from the collection of such

taxes, assessments, rentals, or other charges to the district pursuant to such agreements;

 or the political subdivision may issue bonds or notes, if authorized by such laws,

in anticipation of the collection of such taxes, assessments, rentals or other charges

and may pay the proceeds of such bonds or notes to the district pursuant to such agreements.  In addition, any political subdivision may provide the funds for the payment of

such contribution by the appropriation of money or, if otherwise authorized by law,

by the issuance of bonds or notes and may pay such appropriated money or the proceeds

of such bonds or notes to the district pursuant to such agreements.  The agreement by the political subdivision to provide such contribution, whether

from appropriated money or from the proceeds of such taxes, assessments, rentals,

or other charges, or such bonds or notes, or any combination thereof, is not subject

to Chapter 133. of the Revised Code.  The proceeds from the collection of such taxes or assessments, and any interest

earned thereon, shall be paid into a special fund immediately upon the collection

thereof by the political subdivision for the purpose of providing such contribution

at the times required under such agreements. When the contribution of any political subdivision is to be made over a period of

time from the proceeds of the collection of special assessments, the interest accrued

and to accrue before the first installment of such assessments is collected, which

is payable by such political subdivision on such contribution under the terms of such

an agreement, shall be treated as part of the cost of the improvement for which such

assessments are levied, and that portion of such assessments as is collected in installments

shall bear interest at the same rate as such political subdivision is obligated to

pay on such contribution under the terms and provisions of such agreement and for

the same period of time as the contribution is to be made under such agreement.  If the assessment or any installment thereof is not paid when due, it shall bear

interest until the payment thereof at the same rate as such contribution and the county

auditor shall annually place on the tax list and duplicate the interest applicable

to such assessment and the penalty and any additional interest thereon as otherwise

authorized by law. Any political subdivision, pursuant to a favorable vote of the electors in an election

held before or after November 19, 1971, for the purpose of issuing bonds to provide

funds to acquire, construct, or equip, or provide real estate and interests in real

estate for, a waste water facility or a water management facility, whether or not

the political subdivision, at the time of such election, had the authority to pay

the proceeds from such bonds or notes issued in anticipation thereof to a regional

water and sewer district as provided in this section, may issue such bonds or notes

in anticipation of the issuance thereof and pay the proceeds thereof to the district

in accordance with its agreement with the district;  provided, that the legislative

authority of the political subdivision determines that the water resource project

to be acquired or constructed by the district in cooperation with such political subdivision

will serve the same public purpose and meet substantially the same public need as

the facility otherwise proposed to be acquired or constructed by the political subdivision

with the proceeds of such bonds or notes.