Effective: September 29, 2011
Latest Legislation: House Bill 153 - 129th General Assembly
(A) If the board of county commissioners determines by resolution that the best interests of the county and the users of water supply facilities of the county serving a sewer district so require, the board may sell or otherwise dispose of the facilities to another public agency or a person. The resolution declaring the necessity of that disposition shall recite the reasons for the sale or other disposition and shall establish any conditions or terms that the board may impose, including, but not limited to, a minimum sales price if a sale is proposed, a requirement for the submission by bidders of the schedule of water rates and charges initially proposed to be paid by the users of the facilities, and other pertinent conditions or terms relating to the sale or other disposition. The resolution also shall designate a time and place for the hearing of objections to the sale or other disposition by the board. Notice of the adoption of the resolution and the time and place of the hearing shall be published as provided in section 7.16 of the Revised Code, or once a week for two consecutive weeks, in a newspaper of general circulation in the sewer district and in the county. The public hearing on the sale or other disposition shall be held not less than twenty-four days following the date of first publication of the notice. A copy of the notice also shall be sent by first class or certified mail, on or before the date of the second publication, to any public agency within the area served by the facilities. At the public hearing, or at any adjournment of it, of which no further published or mailed notice need be given, the board shall hear all interested parties. A period of five days shall be given following the completion of the hearing for the filing of written objections by any interested persons or public agencies to the sale or other disposition, after which the board shall consider any objections and by resolution determine whether or not to proceed with the sale or other disposition. If the board determines to proceed with the sale or other disposition, it shall receive bids after advertising once a week for four consecutive weeks in a newspaper of general circulation in the county or as provided in section 7.16 of the Revised Code and, subject to the right of the board to reject any or all bids, may make an award to a responsible bidder whose proposal is determined by the board to be in the best interests of the county and the users of the facilities.
(B) A conveyance of water supply facilities by a county to a municipal corporation, in accordance with division (B) of section 6103.04 of the Revised Code, may be made without regard to division (A) of this section.
Structure Ohio Revised Code
Title 61 | Water Supply-Sanitation-Ditches
Chapter 6103 | County Water Supply Systems
Section 6103.01 | County Water Supply System Definitions.
Section 6103.02 | Powers of County Commissioners Regarding Public Water Supply.
Section 6103.03 | Authority of County Commissioners as to Facilities Within a Municipal Corporation.
Section 6103.04 | Jurisdiction in Area Incorporated as or Annexed to Municipal Corporation.
Section 6103.05 | General Plan of Water Supply.
Section 6103.051 | Deferment of Collection of Assessment.
Section 6103.06 | Proceedings for Water Supply Improvements.
Section 6103.07 | Beginning Construction of Water Supply Improvement.
Section 6103.081 | Construction of Water and Sewer Improvements.
Section 6103.10 | Contract for Construction of Improvements.
Section 6103.101 | Board of County Commissioners Contract Requirements.
Section 6103.11 | Petition by Landowners for Improvement of Water Supply System.
Section 6103.12 | Cost Incident to Improvement.
Section 6103.13 | Cost Assessment.
Section 6103.14 | Cost Ascertainment.
Section 6103.15 | Revised Assessment - Additional Assessment.
Section 6103.16 | Assessments Certified.
Section 6103.17 | Finding and Order for Corrective Action to Remedy Unsafe Water Supply Conditions.
Section 6103.19 | Writ of Mandamus.
Section 6103.20 | Supplying Water Outside District.
Section 6103.21 | Contracts With Other Public Agencies.
Section 6103.22 | Provisions in Contracts With Other Public Agencies.
Section 6103.23 | Payment for Joint Use of Any Water Supply Facilities.
Section 6103.24 | Crediting Payment to Proper Fund.
Section 6103.25 | Acquisition or Appropriation of Property.
Section 6103.26 | Constructing Water Main Within Boundaries of Municipal Corporation.
Section 6103.27 | Bond Are Binding Obligations.
Section 6103.28 | Proceedings Prior to May 10, 1927 Are Valid.
Section 6103.29 | Public Water Supply - Prohibited Acts.
Section 6103.30 | Recovery of Fines or Forfeitures.
Section 6103.31 | Water Supply Facilities Sale or Disposition.
Section 6103.40 | Amendments to Chapter Are Subject to 4 of Hb 549 of the 123rd General Assembly.