State Codes and Statutes

Statutes > Ohio > Title61 > Chapter6117 > 6117_062

6117.062 Application for advance of moneys from water and sewer fund.

(A) A board of county commissioners may apply to the water and sewer commission, created by division (C) of section 1525.11 of the Revised Code, for an advance of moneys from the water and sewer fund, created by division (A) of section 1525.11 of the Revised Code, in an amount equal to that portion of the costs of an improvement authorized under sections 6117.01 to 6117.45 of the Revised Code which is to be financed by assessments whose collection is deferred pursuant to division (B) of this section. The application for such an advance of moneys shall be made in the manner prescribed by rules of the commission.

(B) At any time prior to the expiration of the five-day period provided by section 6117.06 of the Revised Code for the filing of written objections, any owner of property which is classified on the general tax list of the county auditor as agricultural land and has been assessed for the extension of a trunk sewer line over or along such property under sections 6117.01 to 6117.45 of the Revised Code may file with the board of county commissioners a request in writing for deferment of the collection of his assessment if the trunk sewer line serves a purpose, as set forth in section 1525.13 of the Revised Code, for which the fund may be used. Such request shall identify the property in connection with which the request for deferment is made, shall describe its present use and present classification on the general tax list of the county auditor, shall state its estimated market value, showing separately the value of the land and the value of the buildings thereon, shall state the reasons, if any, why a portion of the benefit of the improvement will not be realized until the use of the land is changed, and shall state the amount to be deferred. The board shall promptly consider such request and may order the deferment of the collection of that portion of the assessment representing a benefit from the improvement which will not be realized until the use of the land is changed. The board may, upon request of an owner whose property has been assessed for the extension of a trunk sewer line over or along such property under sections 6117.01 to 6117.45 of the Revised Code, defer all or any part of the assessment on property which is classified on the general tax list as agricultural land, by attributing the amount of such assessment or part thereof as tap-in charges, if the trunk sewer line serves a purpose set forth in section 1525.13 of the Revised Code for which the fund may be used. A deferment under this section may be conditioned upon the approval of the advance of moneys applied for pursuant to division (A) of this section, and a maximum length of the deferment may be fixed to coincide with the maximum time within which the advance must be repaid. The decision on the request for deferment of collection of assessments shall be made pursuant to standards established by rules of the commission. Upon determination and approval of final assessments, the board of county commissioners shall certify all deferred assessments and a fee equal to any fee paid by the board to the commission pursuant to division (C) of section 1525.12 of the Revised Code attributable to the deferred payments to the county auditor. For purposes of this section, “assessment,” “deferred assessment,” or “assessment deferred under this section” mean the fee and the deferred assessment certified to the county auditor. The county auditor shall record an assessment deferred under this section in the sewer improvement record. Such record shall be kept until such time as the assessments are paid in full or certified for collection in installments as provided in this section. During the time when the assessment is deferred there shall be a lien on the property assessed, which lien shall arise at the time of recordation by the county auditor and which shall be in force until the assessments are paid in full or certified for collection in installments.

(C) The board of county commissioners shall defer the collection of an assessment, except the amount of such assessment or part thereof attributable as tap-in charges, which has been deferred pursuant to division (B) of this section on or before January 1, 1987, beyond the expiration of the maximum time for the original deferment if the property owner requests in writing, no later than six months prior to the expiration of the original deferment, that the assessment be further deferred and as long as the property owner’s land could qualify for placement in an agricultural district pursuant to section 929.02 of the Revised Code.

The board shall regularly review the use and ownership of the property for which the collection of assessments has been deferred pursuant to this division, and upon finding that the land could no longer qualify for placement in an agricultural district pursuant to section 929.02 of the Revised Code, the board shall immediately collect, without interest, the full amount of the assessment deferred and repay the commission the amount of any moneys advanced by it in regard to such assessment. The board shall pay all such amounts to the commission in one annual payment or longer period as approved by the commission. The board shall pay, from the general funds of the county, interest annually at the interest rate per annum equal to that rate of interest published as the 20-bond index rate in “The Bond Buyer” minus four per cent per annum or at five per cent per annum, whichever rate is greater, for any moneys not repaid to the commission pursuant to this division within one year of the date of the disqualification of the property for the continual deferment which requires such repayment. The interest rate for any moneys not repaid to the commission shall be calculated one year from the date of the disqualification of the property for the continual deferment which requires such repayment, and annually thereafter.

(D) The board of county commissioners shall send a notice by regular or certified mail to all owners of property on which assessments have been deferred pursuant to division (B) of this section, which lists the expiration of the deferment, not later than two hundred ten days prior to the expiration of the deferment of those assessments.

(E) The board shall collect assessments, without interest, which have been deferred pursuant to division (B) of this section upon expiration of the maximum time for which deferments were made and repay the commission the amount of any moneys advanced by it in regard to such assessments; provided that for a property owner who requests in writing, no later than six months prior to the expiration of the deferment period, that payment of his deferred assessments be in installments, the board of county commissioners upon expiration of the deferment period may by resolution further certify for collection pursuant to section 6117.33 of the Revised Code, such deferred assessments in installments over not more than twenty years, as determined by the board, together with interest thereon each year on the unpaid balance at the same rate borne by bonds of the county which shall be issued in anticipation thereof as provided in Chapter 133. of the Revised Code, and the proceeds of the bond issue used to repay such deferred assessments to the commission. Prior to the expiration of the maximum time of deferment, the board shall regularly review the use of the property for which the collection of assessments has been deferred and upon finding, pursuant to the rules of the commission, that the use of the land has changed from the use at the time of the deferment so that the benefit of the improvement can then be realized, the board shall immediately collect the full amount of the assessment for the portion of the property for which the use has so changed, without interest, and repay the commission the amount of any moneys advanced by it in regard to such assessment. The board shall pay all such amounts to the commission in one annual payment or longer period as approved by the commission. The board shall pay, from the general funds of the county, interest annually at the interest rate per annum equal to that rate of interest published as the 20-bond index rate in “The Bond Buyer” minus four per cent per annum or at five per cent per annum, whichever is greater, for any moneys not repaid to the commission pursuant to this division within one year of the date of the change in the use of property requiring such repayment, or of the date upon which payment of a tap-in charge is required by law to be made, whichever date is applicable. The interest rate for any moneys not repaid to the commission shall be calculated one year from the date of the change in the use of property requiring such repayment or from the date upon which payment of a tap-in charge is required by law to be made, whichever date is applicable, and annually thereafter.

Effective Date: 10-30-1989

State Codes and Statutes

Statutes > Ohio > Title61 > Chapter6117 > 6117_062

6117.062 Application for advance of moneys from water and sewer fund.

(A) A board of county commissioners may apply to the water and sewer commission, created by division (C) of section 1525.11 of the Revised Code, for an advance of moneys from the water and sewer fund, created by division (A) of section 1525.11 of the Revised Code, in an amount equal to that portion of the costs of an improvement authorized under sections 6117.01 to 6117.45 of the Revised Code which is to be financed by assessments whose collection is deferred pursuant to division (B) of this section. The application for such an advance of moneys shall be made in the manner prescribed by rules of the commission.

(B) At any time prior to the expiration of the five-day period provided by section 6117.06 of the Revised Code for the filing of written objections, any owner of property which is classified on the general tax list of the county auditor as agricultural land and has been assessed for the extension of a trunk sewer line over or along such property under sections 6117.01 to 6117.45 of the Revised Code may file with the board of county commissioners a request in writing for deferment of the collection of his assessment if the trunk sewer line serves a purpose, as set forth in section 1525.13 of the Revised Code, for which the fund may be used. Such request shall identify the property in connection with which the request for deferment is made, shall describe its present use and present classification on the general tax list of the county auditor, shall state its estimated market value, showing separately the value of the land and the value of the buildings thereon, shall state the reasons, if any, why a portion of the benefit of the improvement will not be realized until the use of the land is changed, and shall state the amount to be deferred. The board shall promptly consider such request and may order the deferment of the collection of that portion of the assessment representing a benefit from the improvement which will not be realized until the use of the land is changed. The board may, upon request of an owner whose property has been assessed for the extension of a trunk sewer line over or along such property under sections 6117.01 to 6117.45 of the Revised Code, defer all or any part of the assessment on property which is classified on the general tax list as agricultural land, by attributing the amount of such assessment or part thereof as tap-in charges, if the trunk sewer line serves a purpose set forth in section 1525.13 of the Revised Code for which the fund may be used. A deferment under this section may be conditioned upon the approval of the advance of moneys applied for pursuant to division (A) of this section, and a maximum length of the deferment may be fixed to coincide with the maximum time within which the advance must be repaid. The decision on the request for deferment of collection of assessments shall be made pursuant to standards established by rules of the commission. Upon determination and approval of final assessments, the board of county commissioners shall certify all deferred assessments and a fee equal to any fee paid by the board to the commission pursuant to division (C) of section 1525.12 of the Revised Code attributable to the deferred payments to the county auditor. For purposes of this section, “assessment,” “deferred assessment,” or “assessment deferred under this section” mean the fee and the deferred assessment certified to the county auditor. The county auditor shall record an assessment deferred under this section in the sewer improvement record. Such record shall be kept until such time as the assessments are paid in full or certified for collection in installments as provided in this section. During the time when the assessment is deferred there shall be a lien on the property assessed, which lien shall arise at the time of recordation by the county auditor and which shall be in force until the assessments are paid in full or certified for collection in installments.

(C) The board of county commissioners shall defer the collection of an assessment, except the amount of such assessment or part thereof attributable as tap-in charges, which has been deferred pursuant to division (B) of this section on or before January 1, 1987, beyond the expiration of the maximum time for the original deferment if the property owner requests in writing, no later than six months prior to the expiration of the original deferment, that the assessment be further deferred and as long as the property owner’s land could qualify for placement in an agricultural district pursuant to section 929.02 of the Revised Code.

The board shall regularly review the use and ownership of the property for which the collection of assessments has been deferred pursuant to this division, and upon finding that the land could no longer qualify for placement in an agricultural district pursuant to section 929.02 of the Revised Code, the board shall immediately collect, without interest, the full amount of the assessment deferred and repay the commission the amount of any moneys advanced by it in regard to such assessment. The board shall pay all such amounts to the commission in one annual payment or longer period as approved by the commission. The board shall pay, from the general funds of the county, interest annually at the interest rate per annum equal to that rate of interest published as the 20-bond index rate in “The Bond Buyer” minus four per cent per annum or at five per cent per annum, whichever rate is greater, for any moneys not repaid to the commission pursuant to this division within one year of the date of the disqualification of the property for the continual deferment which requires such repayment. The interest rate for any moneys not repaid to the commission shall be calculated one year from the date of the disqualification of the property for the continual deferment which requires such repayment, and annually thereafter.

(D) The board of county commissioners shall send a notice by regular or certified mail to all owners of property on which assessments have been deferred pursuant to division (B) of this section, which lists the expiration of the deferment, not later than two hundred ten days prior to the expiration of the deferment of those assessments.

(E) The board shall collect assessments, without interest, which have been deferred pursuant to division (B) of this section upon expiration of the maximum time for which deferments were made and repay the commission the amount of any moneys advanced by it in regard to such assessments; provided that for a property owner who requests in writing, no later than six months prior to the expiration of the deferment period, that payment of his deferred assessments be in installments, the board of county commissioners upon expiration of the deferment period may by resolution further certify for collection pursuant to section 6117.33 of the Revised Code, such deferred assessments in installments over not more than twenty years, as determined by the board, together with interest thereon each year on the unpaid balance at the same rate borne by bonds of the county which shall be issued in anticipation thereof as provided in Chapter 133. of the Revised Code, and the proceeds of the bond issue used to repay such deferred assessments to the commission. Prior to the expiration of the maximum time of deferment, the board shall regularly review the use of the property for which the collection of assessments has been deferred and upon finding, pursuant to the rules of the commission, that the use of the land has changed from the use at the time of the deferment so that the benefit of the improvement can then be realized, the board shall immediately collect the full amount of the assessment for the portion of the property for which the use has so changed, without interest, and repay the commission the amount of any moneys advanced by it in regard to such assessment. The board shall pay all such amounts to the commission in one annual payment or longer period as approved by the commission. The board shall pay, from the general funds of the county, interest annually at the interest rate per annum equal to that rate of interest published as the 20-bond index rate in “The Bond Buyer” minus four per cent per annum or at five per cent per annum, whichever is greater, for any moneys not repaid to the commission pursuant to this division within one year of the date of the change in the use of property requiring such repayment, or of the date upon which payment of a tap-in charge is required by law to be made, whichever date is applicable. The interest rate for any moneys not repaid to the commission shall be calculated one year from the date of the change in the use of property requiring such repayment or from the date upon which payment of a tap-in charge is required by law to be made, whichever date is applicable, and annually thereafter.

Effective Date: 10-30-1989


State Codes and Statutes

State Codes and Statutes

Statutes > Ohio > Title61 > Chapter6117 > 6117_062

6117.062 Application for advance of moneys from water and sewer fund.

(A) A board of county commissioners may apply to the water and sewer commission, created by division (C) of section 1525.11 of the Revised Code, for an advance of moneys from the water and sewer fund, created by division (A) of section 1525.11 of the Revised Code, in an amount equal to that portion of the costs of an improvement authorized under sections 6117.01 to 6117.45 of the Revised Code which is to be financed by assessments whose collection is deferred pursuant to division (B) of this section. The application for such an advance of moneys shall be made in the manner prescribed by rules of the commission.

(B) At any time prior to the expiration of the five-day period provided by section 6117.06 of the Revised Code for the filing of written objections, any owner of property which is classified on the general tax list of the county auditor as agricultural land and has been assessed for the extension of a trunk sewer line over or along such property under sections 6117.01 to 6117.45 of the Revised Code may file with the board of county commissioners a request in writing for deferment of the collection of his assessment if the trunk sewer line serves a purpose, as set forth in section 1525.13 of the Revised Code, for which the fund may be used. Such request shall identify the property in connection with which the request for deferment is made, shall describe its present use and present classification on the general tax list of the county auditor, shall state its estimated market value, showing separately the value of the land and the value of the buildings thereon, shall state the reasons, if any, why a portion of the benefit of the improvement will not be realized until the use of the land is changed, and shall state the amount to be deferred. The board shall promptly consider such request and may order the deferment of the collection of that portion of the assessment representing a benefit from the improvement which will not be realized until the use of the land is changed. The board may, upon request of an owner whose property has been assessed for the extension of a trunk sewer line over or along such property under sections 6117.01 to 6117.45 of the Revised Code, defer all or any part of the assessment on property which is classified on the general tax list as agricultural land, by attributing the amount of such assessment or part thereof as tap-in charges, if the trunk sewer line serves a purpose set forth in section 1525.13 of the Revised Code for which the fund may be used. A deferment under this section may be conditioned upon the approval of the advance of moneys applied for pursuant to division (A) of this section, and a maximum length of the deferment may be fixed to coincide with the maximum time within which the advance must be repaid. The decision on the request for deferment of collection of assessments shall be made pursuant to standards established by rules of the commission. Upon determination and approval of final assessments, the board of county commissioners shall certify all deferred assessments and a fee equal to any fee paid by the board to the commission pursuant to division (C) of section 1525.12 of the Revised Code attributable to the deferred payments to the county auditor. For purposes of this section, “assessment,” “deferred assessment,” or “assessment deferred under this section” mean the fee and the deferred assessment certified to the county auditor. The county auditor shall record an assessment deferred under this section in the sewer improvement record. Such record shall be kept until such time as the assessments are paid in full or certified for collection in installments as provided in this section. During the time when the assessment is deferred there shall be a lien on the property assessed, which lien shall arise at the time of recordation by the county auditor and which shall be in force until the assessments are paid in full or certified for collection in installments.

(C) The board of county commissioners shall defer the collection of an assessment, except the amount of such assessment or part thereof attributable as tap-in charges, which has been deferred pursuant to division (B) of this section on or before January 1, 1987, beyond the expiration of the maximum time for the original deferment if the property owner requests in writing, no later than six months prior to the expiration of the original deferment, that the assessment be further deferred and as long as the property owner’s land could qualify for placement in an agricultural district pursuant to section 929.02 of the Revised Code.

The board shall regularly review the use and ownership of the property for which the collection of assessments has been deferred pursuant to this division, and upon finding that the land could no longer qualify for placement in an agricultural district pursuant to section 929.02 of the Revised Code, the board shall immediately collect, without interest, the full amount of the assessment deferred and repay the commission the amount of any moneys advanced by it in regard to such assessment. The board shall pay all such amounts to the commission in one annual payment or longer period as approved by the commission. The board shall pay, from the general funds of the county, interest annually at the interest rate per annum equal to that rate of interest published as the 20-bond index rate in “The Bond Buyer” minus four per cent per annum or at five per cent per annum, whichever rate is greater, for any moneys not repaid to the commission pursuant to this division within one year of the date of the disqualification of the property for the continual deferment which requires such repayment. The interest rate for any moneys not repaid to the commission shall be calculated one year from the date of the disqualification of the property for the continual deferment which requires such repayment, and annually thereafter.

(D) The board of county commissioners shall send a notice by regular or certified mail to all owners of property on which assessments have been deferred pursuant to division (B) of this section, which lists the expiration of the deferment, not later than two hundred ten days prior to the expiration of the deferment of those assessments.

(E) The board shall collect assessments, without interest, which have been deferred pursuant to division (B) of this section upon expiration of the maximum time for which deferments were made and repay the commission the amount of any moneys advanced by it in regard to such assessments; provided that for a property owner who requests in writing, no later than six months prior to the expiration of the deferment period, that payment of his deferred assessments be in installments, the board of county commissioners upon expiration of the deferment period may by resolution further certify for collection pursuant to section 6117.33 of the Revised Code, such deferred assessments in installments over not more than twenty years, as determined by the board, together with interest thereon each year on the unpaid balance at the same rate borne by bonds of the county which shall be issued in anticipation thereof as provided in Chapter 133. of the Revised Code, and the proceeds of the bond issue used to repay such deferred assessments to the commission. Prior to the expiration of the maximum time of deferment, the board shall regularly review the use of the property for which the collection of assessments has been deferred and upon finding, pursuant to the rules of the commission, that the use of the land has changed from the use at the time of the deferment so that the benefit of the improvement can then be realized, the board shall immediately collect the full amount of the assessment for the portion of the property for which the use has so changed, without interest, and repay the commission the amount of any moneys advanced by it in regard to such assessment. The board shall pay all such amounts to the commission in one annual payment or longer period as approved by the commission. The board shall pay, from the general funds of the county, interest annually at the interest rate per annum equal to that rate of interest published as the 20-bond index rate in “The Bond Buyer” minus four per cent per annum or at five per cent per annum, whichever is greater, for any moneys not repaid to the commission pursuant to this division within one year of the date of the change in the use of property requiring such repayment, or of the date upon which payment of a tap-in charge is required by law to be made, whichever date is applicable. The interest rate for any moneys not repaid to the commission shall be calculated one year from the date of the change in the use of property requiring such repayment or from the date upon which payment of a tap-in charge is required by law to be made, whichever date is applicable, and annually thereafter.

Effective Date: 10-30-1989