Ohio Revised Code
Chapter 6115 | Sanitary Districts
Section 6115.05 | Petition for Establishment of Sanitary District.

Effective: October 1, 1953
Latest Legislation: House Bill 1 - 100th General Assembly
Before any court establishes a sanitary district as outlined in section 6115.04 of the Revised Code, a petition shall be filed in the office of the clerk of said court, signed by five hundred freeholders, or by a majority of the freeholders, or by the owners of more than half of the property, in either acreage or value, within the limits of the territory proposed to be organized into a district. Such a petition may be signed by the governing body of any public corporation lying wholly or partly within the proposed district, in such manner as it prescribes, and when so signed by such governing body such a petition on the part of said governing body shall fill all the requirements of representation upon such petition of the freeholders of such public corporation, as they appear upon the tax duplicate; and thereafter it is not necessary for individuals within said public corporation to sign such a petition. Such a petition may also be signed by railroads and other corporations owning lands.
Such petition may be filed by any city interested in some degree in the improvement, upon proper action by its governing body. Property in each political subdivision wholly or partly included in the proposed district shall be represented by the signers of the petition provided for by this section.
The petition for the establishment of a district to provide a water supply for domestic, municipal, and public use shall be signed by the governing body of each municipal corporation, or part thereof included in the proposed district, or by a majority of the freeholders of political subdivisions or parts thereof included in the proposed district and lying outside municipal corporations, and shall also be signed by the public service corporation which may be supplying water to the inhabitants of such political subdivisions under franchise granted by the governing bodies thereof.
The petition shall set forth the proposed name of said district, the necessity for the proposed work and that it will be conducive to the public health, safety, comfort, convenience, or welfare, and a general description of the purpose of the contemplated improvement, and of the territory to be included in the proposed district. Said description need not be given by metes and bounds or by legal subdivisions, but it is sufficient if a generally accurate description is given of the territory to be organized as a district. Said territory shall include two or more political subdivisions or portions thereof, and, except as a subdistrict provided for by section 6115.69 of the Revised Code, shall not be included wholly within the limits of a single municipal corporation. Said territory need not be contiguous, provided it is so situated that the public health, safety, comfort, convenience, or welfare will be promoted by the organization as a single district of the territory described. Said petition shall pray for the organization of the district by the name proposed.
No petition with the requisite signatures shall be declared void because of alleged defects, but the court may at any time permit the petition to be amended in form and substance to conform to the facts by correcting any errors in the description of the territory, or in any other particular. Several similar petitions or duplicate copies of the same petition for the organization of the same district may be filed and shall together be regarded as one petition. All such petitions filed prior to the hearing on said petition shall be considered by the court as though they had been filed with the first petition placed on file.
In determining when a majority of landowners has signed the petition, the court shall be governed by the names as they appear upon the tax duplicate, which shall be prima-facie evidence of such ownership.

Structure Ohio Revised Code

Ohio Revised Code

Title 61 | Water Supply-Sanitation-Ditches

Chapter 6115 | Sanitary Districts

Section 6115.01 | Sanitary District Definitions.

Section 6115.02 | Sanitary District Tax Books and Records.

Section 6115.03 | Jurisdiction, Evidence, Forms Establishing Sanitary District.

Section 6115.04 | Establishment and Purpose of Sanitary Districts.

Section 6115.05 | Petition for Establishment of Sanitary District.

Section 6115.06 | Bond for Expenses to Be Filed With Petition.

Section 6115.07 | Notice of Petition and Hearing - Jurisdiction.

Section 6115.08 | Hearing - Order Establishing District.

Section 6115.09 | Filing and Recording Findings and Decree of Incorporation of District.

Section 6115.10 | Appointment of Directors.

Section 6115.101 | Directors of Sanitary District Organized Wholly for Reduction of Populations of Biting Arthropods.

Section 6115.102 | Sanitary District Advisory Council for Sanitary District Organized Wholly for Reduction of Populations of Biting Arthropods.

Section 6115.103 | Directors of Sanitary District Organized Wholly for Purpose of Providing Water Supply.

Section 6115.104 | Sanitary District Advisory Council for Sanitary District Organized Wholly for Purpose of Providing Water Supply.

Section 6115.11 | Oath, Bond of Director.

Section 6115.12 | Seal - Records - Transcripts of Meetings.

Section 6115.13 | President of Board - Temporary Director - Quorum.

Section 6115.14 | Secretary - Executive Director - Chief Engineer - Treasurer - Attorney - Employees.

Section 6115.141 | Certificate of Available Funds.

Section 6115.15 | Plans for Sewage or Other Liquid Waste or Treatment or Disposal Works Submitted to Board.

Section 6115.16 | Improvement Plan Approval and Execution.

Section 6115.17 | Right of Entry for Surveys and Examinations.

Section 6115.18 | Powers and Duties of Board of Directors.

Section 6115.19 | Improvement Plan for District Organized to Provide Water Supply.

Section 6115.191 | Assessing Interest on Unpaid Balance of Water Supply Payments.

Section 6115.20 | Contract Bidding Procedures.

Section 6115.201 | Sanitary District Contract Requirements.

Section 6115.21 | Dominant Right of Eminent Domain.

Section 6115.22 | Condemnation of Land or Property.

Section 6115.221 | Appropriation of Property for Sewer Construction to Address Public Health Nuisance.

Section 6115.23 | Regulations, Approval and Enforcement.

Section 6115.24 | Regulations for Sanitary District Organized Wholly for Reduction of Populations of Biting Arthropods.

Section 6115.25 | Removal of Physical Obstructions In, Over, or Upon Public Streets, Lanes, Alleys, or Highways.

Section 6115.26 | Surveys and Examinations of Rainfall, Stream Flow.

Section 6115.27 | Cooperation or Assistance by u.s. Government or Other Governmental Entity.

Section 6115.28 | Taking or Damage to Cemetery.

Section 6115.29 | Board of Appraisers of Sanitary District.

Section 6115.30 | Appraisals of Compensation and Damages.

Section 6115.31 | Appraisals of Compensation and Damages Beyond the Boundaries of District.

Section 6115.32 | Notice of Hearing of Land to Be Included or Excluded From District.

Section 6115.321 | Exclusion of Territory From Sanitary District Established for the Reduction of Biting Arthropods.

Section 6115.33 | Sanitary District Appraisal Record.

Section 6115.34 | Notice of Hearing on Appraisals.

Section 6115.35 | Filing Exceptions to Reports or Appraisals.

Section 6115.36 | Court Approval, Confirmation or Return of Plan.

Section 6115.37 | Appeal of Award as to Compensation or Damages.

Section 6115.38 | Possession of Property After Verdict and Award.

Section 6115.39 | Certified Copy of the Decree.

Section 6115.40 | Alterations or Additions to Official Plan.

Section 6115.41 | Appeal Not to Delay Action or Prosecution of Work.

Section 6115.42 | Appraisal and Assessment of Lands Losing Tax Exemption.

Section 6115.43 | Appraising Lands Not at First Included Within the Boundaries of District.

Section 6115.44 | Immaterial Irregularities or Defects.

Section 6115.45 | Sanitary District Funds.

Section 6115.46 | Preliminary Costs and Expenses to Be Repaid.

Section 6115.47 | Borrowing Power of Board of Directors.

Section 6115.48 | Sanitary District Assessment Record.

Section 6115.49 | Assessment Payments.

Section 6115.50 | Bonds in Anticipation of the Levy and Collection of Special Assessments.

Section 6115.51 | Treasurer's Duties - Bonds - Investments.

Section 6115.52 | Revenue Obligations Issued to Pay Costs Arising From Execution of Official Plan.

Section 6115.53 | Sanitary District Maintenance Assessment - Sale of Water.

Section 6115.54 | Readjustment of Appraisal of Benefits for More Equitable Basis for Levy of Maintenance Assessment.

Section 6115.55 | Annual Levy - Certificate.

Section 6115.56 | Collection of Assessments.

Section 6115.57 | Bond of County Treasurer for Probable Amount of Assessments.

Section 6115.58 | Sanitary District Assessments and Taxes Constitute a Lien.

Section 6115.59 | Suits for the Collection of Delinquent Taxes or Assessments.

Section 6115.60 | Procedures for Levying, Collection, and Distribution of Assessments.

Section 6115.61 | Appropriation of Fund of Water Department for Payment of Assessments or Water Charges.

Section 6115.62 | Retirement of Principal and Interest on Bonds.

Section 6115.63 | Failure to Pay Over Assessments.

Section 6115.64 | Surplus Funds - Reports to Court and Advisory Council.

Section 6115.65 | Compensation, Expenses - Salaries of Extra Clerical Force.

Section 6115.66 | Land in More Than One Sanitary District.

Section 6115.67 | Conflicts in Jurisdiction.

Section 6115.68 | Union of Districts.

Section 6115.69 | Subdistricts Established and Organized.

Section 6115.70 | Remedies for Injuries.

Section 6115.71 | Protection of District Works.

Section 6115.72 | Removal of Officers or Employees.

Section 6115.73 | Enforcement by Mandamus.

Section 6115.74 | Correction of Defective Notice.

Section 6115.75 | Question of the Validity of the Organization of Sanitary Districts.

Section 6115.77 | Liability for Damages to District Works.

Section 6115.79 | Substantial Requirements for Forms.

Section 6115.99 | Penalty.