Ohio § 715.84

§ 715.84.

(A) As used in this section: (1) “ Contracting party ” means a municipal corporation that has entered into a municipal utility district

contract or any party succeeding to such a municipal corporation. (2) “ Contract for utility services ” means a contract under which a municipal corporation agrees to provide to another

municipal corporation water, sewer, electric, or other utility services necessary

to the public health, safety, and welfare. (3) “ Municipal utility district contract ” means a contract described in and entered into under division (B) of this section. (4) “ District ” means a municipal utility district designated under this section. (B) Two or more municipal corporations may enter into a contract whereby they agree to

share in the costs of improvements for an area or areas located in one or more of

the contracting parties that they designate as a municipal utility district for the

purpose of facilitating new or expanded growth for commercial or economic development

in the state.  Except as otherwise provided in division (I) of this section, the contract and district

shall meet the requirements of divisions (B) to (H) of this section. (C) The contract shall set forth each contracting party's contribution to the municipal

utility district.  The contributions may be in any form that the contracting parties agree to, subject

to divisions (G) and (I) of this section, and may include, but are not limited to,

the provision of services, money, or equipment.  The contract may provide for the contracting parties to distribute among themselves,

in the manner they agree to, any municipal income tax revenues derived from the income

earned by persons employed by businesses that locate within the district after it

is designated by the contracting parties and from the net profits of such businesses.  Except as provided in divisions (G) and (I) of this section, the contract may be

amended, renewed, or terminated with the consent of the contracting parties. (D) Before the legislative authority of any of the contracting parties enacts an ordinance

approving a contract to designate a municipal utility district, the legislative authority

of each of the contracting parties shall hold a public hearing concerning the contract

and district.  Each such legislative authority shall provide at least thirty days' public notice

of the time and place of the public hearing in a newspaper of general circulation

in the municipal corporation.  During the thirty-day period prior to the public hearing, all of the following documents

shall be available for public inspection in the office of the clerk of the legislative

authority of each of the contracting parties: (1) A copy of the contract designating the district; (2) A description of the area or areas to be included in the district, including a map

in sufficient detail to denote the specific boundaries of the area or areas; (3) An economic development plan for the district that includes a schedule for the provision

of any new, expanded, or additional services, facilities, or improvements. A public hearing held under division (D) of this section shall allow for public comment

and recommendations on the contract and district.  The contracting parties may include in the contract any of those recommendations

prior to approval of the contract. (E) After the public hearings required under division (D) of this section have been held,

each contracting party may enact an ordinance approving the contract to designate

a municipal utility district.  After each contracting party has enacted such an ordinance, the clerk of the legislative

authority of each contracting party shall file with the board of elections of each

county within which a contracting party is located a copy of the ordinance approving

the contract and shall direct the board of elections to submit the ordinance to the

electors of the contracting party on the day of the next general, primary, or special

election occurring at least ninety days after the ordinance is filed with the board

of elections. (F) The ballot shall be in the following form: “Shall the ordinance of the legislative authority of the (city or village) of (name

of contracting party) approving the contract with (name of each other contracting

party) for the designation of a municipal utility district be approved? FOR THE ORDINANCE AND CONTRACT AGAINST THE ORDINANCE AND ” CONTRACT If a majority of the electors of each contracting party voting on the issue vote for

the ordinance and contract, the ordinance shall become effective immediately and the

contract shall go into effect immediately or in accordance with its terms. (G) If two or more contracting parties previously have entered into a separate contract

for utility services, then amendment, renewal, or termination of the separate contract

for utility services shall not constitute a part of the consideration for a municipal

utility district contract unless the legislative authority of each contracting party

determines all of the following: (1) That the creation of the municipal utility district will facilitate new or expanded

growth for commercial or economic development in this state; (2) That substantial consideration exists to support the municipal utility district contract; (3) That the contracting parties are entering into the municipal utility district contract

freely and without duress or coercion related to the amendment, renewal, or termination

of the separate contract for utility services. (H) A municipal utility district contract that does not satisfy division (G) of this

section is void and unenforceable.  If the contract provides for the extension of utility service or the provision of

utility service at a lower rate than is currently in effect, any action claiming duress

or coercion relating to a municipal utility district contract may be brought only

by a contracting party, and must be brought before the contracting parties enter into

the municipal utility district contract.  The signing of the municipal utility district contract as authorized by the contracting

parties is conclusive evidence as to the determinations set forth under division (G)

of this section. (I) If one of the contracting parties is an impacted city as defined in division (C) of section 1728.01 of the Revised Code , then divisions (D) to (F) of this section shall not apply to the municipal utility

district contract or to the municipal utility district to which that contract relates

unless the contracting parties agree that those divisions shall apply. (J) Joint economic development zones created under section 715.69 of the Revised Code as that section existed before its repeal by H.B. 289 of the 130th general assembly

shall henceforth be known as municipal utility districts and shall be subject to this

section without any action of the contracting parties to such a joint economic development

zone contract.  The contracting parties to a joint economic development zone contract that is pending

a public hearing or approval of electors under section 715.69 of the Revised Code on the effective date of H.B. 289 of the 130th general assembly may continue the

process of approving the contract as provided in this section with the same force

and effect as if the proceedings were conducted pursuant to section 715.69 of the Revised Code .