§ 6101.84 — Illustrative forms

Ohio § 6101.84

• Jurisdiction: Ohio
• Title 61: Water Supply-Sanitation-Ditches
• Ch. 6101: Conservancy Districts

Text

The following forms illustrate the character of the procedure contemplated by this chapter, and, if substantially complied with, those things being changed which should be changed to meet the requirements of the particular case, such procedure shall be held to meet the requirements of this chapter.

(A) Form of Notice of Hearing on the Petition:

"To all Persons and Public Corporations Interested:

Public Notice is Hereby Given:

(1) That on the ...... day of .........., ...., pursuant to the Conservancy Law of Ohio, there was filed in the office of the Clerk of the Court of Common Pleas of ........... County, Ohio, the petition of ............ and others for the establishment of a Conservancy District to be known as .......... Conservancy District.

(Here insert the purposes)

(2) That the lands sought to be included in said District comprise lands in .......... and .......... Counties, Ohio, described substantially as follows:

Beginning on the north line of .......... County at its point of intersection with the west bank of the .......... River; thence west along the north line of .......... County to the high bluffs facing said .......... River on the west; thence following the base of the line of said bluffs to the north line of the right of way of the .......... Railroad; thence west along the north right of way line of said Railroad to the center line of ........... Avenue in the Village of ..........; thence south along the center line of .......... Avenue to the .......... Pike; thence southeasterly along the .......... Pike to the southeasterly line of the right of way of the .......... Railroad; thence southeasterly along said right of way line to the corporate limits of the City of ..........; thence with said corporation line southerly, easterly, and northerly to the southerly right of way line of the main track of the .......... Railroad; thence easterly along said last named right of way line to the boundary line between .......... Counties; thence north along said County line to the southerly line of .......... County; thence easterly along the dividing line between .......... Counties to the easterly line of the right of way of the .......... Railroad; thence northerly along said right of way line to its intersection with the .......... Pike; thence westerly along said Pike to the center line of the bridge over .......... Creek; thence up said Creek and along the center line thereof to the north line of .......... County; thence west to the place of beginning.

Or, if found more convenient, the lands sought to be included in the District may be described as follows:

All of Township .......... in Range ...... between the .......... Railroad and the .......... River; the following lands in .......... Township and ...... Range; Section ...... and the ...... half of Section ......; also all lands within the corporate limits of the City of .......... etc.

(3) That a public hearing on said petition will be had in said Court on ....... the ...... day of ........, ...., at the hour of ...... o'clock .....M. by the Court of Common Pleas of .......... County, at the Courthouse in the City of .......... County, Ohio.

All persons and public corporations interested will be given the opportunity to be heard at the time and place above specified...................................Clerk of the Court of Common Pleasof ................. County, Ohio.

Date Dated .........., Ohio, .............., ...."

(B) Form of Finding on Hearing:"State of Ohio,)) ss............ County)In the Court of Common Pleas of .......... County. In Matter of .......... Conservancy District:

FINDINGS AND DECREE ON HEARING

On this ...... day of ........, ...., this cause coming on for hearing upon the petition of .......... and others, for the organization of a Conservancy District under the Conservancy Law of Ohio, the Court, after a full hearing now here finds:

(1) That it has jurisdiction of the parties to and the subject matter of this proceeding.

(2) That the purposes for which said District is established are:

(Insert the purposes)

And that it is a public necessity.

(3) That the public safety, health, convenience, and welfare will be promoted by the organization of a Conservancy District substantially as prayed in said petition (if additional lands are added by petition) except, that the following additional lands at the petition of the owners thereof should be and hereby are included in said District:

(Here insert additional lands)

(4) That the boundaries of said District as modified by the last finding herein are as follows: (Here insert corrected boundaries of district)

(5) That the said territory last above described should be erected into and created a Conservancy District under the Conservancy Law of Ohio under the corporate name of ............ Conservancy District.

Wherefore, it is by the Court ordered, adjudged, and decreed:

That the territory as above described be, and the same hereby is erected into and created a Conservancy District under the Conservancy Law of Ohio under the corporate name of ......... Conservancy District, with its office or principal place of business at .........., in .......... County, Ohio. (If directors are appointed at the same time) And the following persons are hereby appointed directors of said Conservancy District:

..............., for the term of three years,

..............., for the term of four years (if the district includes all or parts of more than sixteen counties),

..............., for the term of five years,

..............., for the term of six years (if the district includes all or parts of more than sixteen counties),

..............., for the term of seven years, who are hereby directed to qualify and proceed according to law.

(6) For consideration of other matters herein, this cause is retained on the docket.

.................................. Judge"

(C) Form of Notice to Persons and Public Corporations to pay Assessment:

"To all Persons and Public Corporations Interested:

Public Notice is Hereby Given:

(1) That on the ...... day of ........, ...., the Board of Directors of The .......... Conservancy District duly levied an assessment upon all the benefited property and public corporations in said District in the aggregate sum of $........., has caused the same to be recorded upon the Assessment Record of said District, and that said Assessment Record is now on file in the office of the District at ............

(2) That the assessment against any parcel of land or any public corporation may be paid to the Treasurer of The .......... Conservancy District at any time on or prior to .........., ...., without costs and without interest, and if so paid a discount of ten per cent of the assessment will be allowed according to law.

(3) That as soon after the ..... day of ........, ...., as conveniently may be, the Board of Directors of said District will divide the uncollected assessment into convenient installments, provide for the collection of interest on the unpaid installments, and issue bonds bearing interest in anticipation of the collection of the several installments of said assessment pursuant to the Conservancy Law of Ohio.

.............................. President

.............................. Secretary"

(D) Form of Bond and of Coupon:

(Form of Bond)

"No. ......................... $ .........................

UNITED STATES OF AMERICA

State of Ohio

............. Conservancy District.

Conservancy Bond.

Know all Persons by These Presents that ........... Conservancy District, a legally organized Conservancy District of the State of Ohio, acknowledges itself to owe and for value received hereby promises to pay to bearer ........ Dollars ($........) on the first day of ........, ...., with interest thereon from the date hereof until paid at the rate of ...... per cent per annum, payable ........, ...., and semiannually thereafter on the first day of ........ and of ........ in each year on presentation and surrender of the annexed interest coupons as they severally become due. Both principal and interest of this bond are hereby made payable in lawful money of the United States of America.

This bond is one of a series of bonds issued by .......... Conservancy District for the purpose of paying the cost of constructing a system of flood prevention (or for the other works) for said District and in anticipation of the collection of the several installments of an assessment duly levied upon lands and public corporations within said District and benefited by said improvement in strict compliance with the Conservancy Law of Ohio, and pursuant to an order of the Board of Directors of said District duly made and entered of record.

And it is hereby certified and recited that all acts, conditions, and things required to be done in locating and establishing said District and in equalizing appraisals of benefits and in levying assessments against lands and public corporations benefited thereby, and in authorizing, executing, and issuing this bond, have been legally had, done, and performed in due form of law; that the total amount of bonds issued by said District does not exceed ninety per cent of the assessments so levied and unpaid at the time said bonds are issued or any legal limitation thereof.

And for the performance of all the covenants and stipulations of this bond and of the duties imposed by law upon said District for the collection of the principal and interest of said assessments and the application thereof to the payment of this bond and the interest thereon, and for the levying of such other and further assessments as are authorized by law and as may be required for the prompt payment of this bond and the interest thereon, the full faith, credit, and resources of said .......... Conservancy District are hereby irrevocably pledged.

In Testimony Whereof the Board of Directors of ............ Conservancy District has caused this bond to be signed by its President, attested by its Secretary, and registered by the Treasurer of State, and the coupons hereto annexed to be executed by the facsimile signatures of said President and Secretary, as of the ............ day of ................, ................................... President

Attest:........................Secretary"(Form of Coupon)"$.......................

(..........)On the first day of(..........), ........,(..........)

.................... Conservancy District promises to pay to bearer ................ Dollars ($..........) lawful money of the United States of America, at the office of the Treasurer of State, Columbus, Ohio, being semiannual interest due on that date on its Conservancy Bond dated ................, ...................................PresidentNo. ...................................................... Secretary"

(E) Form of Notice of Enlargement of District:

"State of Ohio,)) ss.County of ..........)In the Court of Common Pleas,................ County, Ohio.In the Matter of.................. Conservancy District

NOTICE OF ENLARGEMENT OF DISTRICT

To All Persons (and Public Corporations, if any) Interested:

Public Notice Is Hereby Given:

(1) That heretofore on the ...... day of .........., ...., the Court of Common Pleas of ................ County, Ohio, duly entered a final decree erecting and creating ................ Conservancy District and appointing a Board of Directors therefor.

(2) That thereafter this Court duly appointed................................................................................................ (if the district included includes all or part parts of more than sixteen counties)

........................ (if the district includes all or parts of more than sixteen counties)

to be the Board of Appraisers for said District. That said Board of Appraisers on the ........ day of ............, ...., filed its report recommending that the following described lands, not originally included in the District, be added thereto:

(Here describe generally the lands which the Report of the Board of Appraisers recommends should be added to the District).

(3) That on ........, the ........ day of .............., ...., (or as soon thereafter as the convenience of the Court will permit), at the Courthouse in ............ of .............., Ohio, the Court of Common Pleas of .................. County, Ohio, will hear all persons and public corporations interested upon the question whether said lands should be added to and included in said .................... Conservancy District.

..................................Clerk of the Court of Common Pleasof ................. County, Ohio"

(F) Form of Notice of Hearing on Appraisals:

"State of Ohio,)) ss.County of ..............)

In the Court of Common Pleas, ........... County, Ohio.

In the Matter of)).......... Conservancy Distric)

NOTICE OF HEARING ON APPRAISALS

To all Persons and Public Corporations Interested:

Public Notice Is Hereby Given:

(1) That heretofore on the ........ day of ............., ...., the Court of Common Pleas of ................ County, Ohio, duly entered a decree erecting and creating ............... Conservancy District and appointing a Board of Directors therefor.

(2) That thereafter this Court duly appointed ................................................................. the Board of Appraisers for said District. That said Board of Appraisers on the ........ day of ................, ...., filed its Appraisals of Benefits and Damages and of land to be taken as follows: (Here insert general description of land appraised)

The said appraisal of benefits and damages and of land to be taken is now on file in the office of the clerk of this court.

(3) All public corporations and all persons, owners of or interested in the property described in said Report, whether as benefited property or as property taken and damaged (whether said taken or damaged property lies within or without said District), desiring to contest the appraisals as made and returned by the Board of Appraisers, must file their objections in said court on or before the ........ day of ................, ...., (here insert a date thirty days after the publication of the notice) and a hearing on said appraisal will be had on the ........ day of ................, ...., (here insert a date not less than forty, or more than fifty, days after the date of the publication of this notice, as fixed by the court) in the City of .................., Ohio, at which time an opportunity will be afforded all objectors to be heard upon their several objections.

..............................Clerk of the Court of Common Pleas of .......... County, Ohio

Dated at the City of .................., Ohio, this ....... day of .................., ....."

(G) Form of Certificate of Assessment Record:

"This is to Certify:

(1) That on the ........ day of ................, ...., the Board of Directors of The .................. Conservancy District duly levied an assessment upon all the benefited property and public corporations in said District in the aggregate sum of $............, together with interest, and duly apportioned said assessment to and levied said assessment upon each tract of land or other property and each public corporation in said District in proportion to the benefits thereto.

(2) That the said assessment and the apportionment thereof upon the benefited lands and public corporations have been recorded in the Conservancy Assessment Record of The .................. Conservancy District which contains a notation of the items of property and the public corporations to which benefits have been appraised, the total amount of benefits appraised against each item or public corporation and the total assessment levied against each item or public corporation.

(3) That the Conservancy Assessment Record of The ................ Conservancy District contains a true and correct record of the benefits approved and confirmed by the Court and of the assessment levied by the Board of Directors thereof on ........ day of ............, .....

IN WITNESS WHEREOF, the President and Secretary, respectively, of the Board of Directors of The ................ Conservancy District have hereunto set their hands this ........ day of ............, .....

..............................President..............................Secretary"

(H) Form of Certificate of Annual Levy:

"This is to Certify:

(1) That on the ........ day of ............, ...., the Board of Directors of The ................ Conservancy District determined, ordered, and levied the Annual Levy of .... (year) upon all the benefited property and public corporations in said District in the aggregate sum of $................ for the account of the Bond Retirement Fund of said District and pursuant to and being a part of assessments heretofore levied.

(2) That the said Board of Directors has duly apportioned said Annual Levy to all of the benefited properties and public corporations in said District and that the respective amounts of said Annual Levy imposed upon the benefited properties and public corporations have been recorded in the Assessment record of The ................ Conservancy District, which contains a schedule thereof.

(3) That on the ........ day of ............, ...., the Board of Directors of The ................ Conservancy District duly levied a maintenance assessment for the year ...., in the aggregate sum of $............ for the account of the Maintenance Fund of said District. That said maintenance assessment has been duly apportioned to the benefited properties and public corporations in said District in proportion to benefits and that the amounts of said maintenance assessment imposed upon the properties and public corporations in said District have been recorded in the Conservancy Assessment record of The ................ Conservancy District.

(4) That the Conservancy Assessment record contains a true and correct record of the Annual Levy of .... (year) and of the maintenance assessment for the year .... as determined, ordered, and levied by the Board of Directors of The ................. Conservancy District on the ........ day of ............, .....

(5) That the said amounts of said Annual Levy and of said maintenance assessment shall be collectible and payable in the year .... in the sums specified at the same time that the state and county taxes are due and collectible.

IN WITNESS WHEREOF, the President and Secretary, respectively, of the Board of Directors of the ................ Conservancy District have hereunto set their hands this ........ day of ............, .....

..............................President..............................Secretary"

The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated inR.C. 1.52(B)that amendments are to be harmonized if reasonably capable of simultaneous operation.

Last updated October 21, 2022 at 4:28 PM

Legislative History

Effective: September 21, 2000 | Latest Legislation: House Bill 617 (GA 123), House Bill 495 (GA 123)