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OTHER OFFICIALS
(A) Except as provided in division (B) of this section, when it considers it necessary, the Legislative Authority may provide legal counsel for the municipality, or for any department or official of the municipality, for a period not to exceed two years and shall provide compensation for the legal counsel.
(B) (1) A petition may be filed with the Clerk, signed by registered electors residing in the municipality equal in number to not less than 10% of the total vote cast for all candidates for Governor in the municipality at the most recent general election at which a Governor was elected, requesting that the question be placed before the electors whether, instead of the Legislative Authority appointing legal counsel for the municipality or for any department or official of the municipality, the Mayor shall appoint an attorney or law firm as the legal counsel with the advice and consent of the Legislative Authority. Within two weeks after receipt of the petition, the Clerk shall certify it to the Board of Elections, which shall determine its sufficiency and validity. The petition shall be certified to the Board of Elections not less than 90 days prior to the election at which the question is to be voted upon.
(2) At the election, if a majority of the electors of the municipality approves the question, then effective immediately when the Mayor considers it necessary, the Mayor shall appoint, with the advice and consent of the Legislative Authority, an attorney or law firm as legal counsel for the municipality, or for any department or official of the municipality, for a period not to exceed two years. The appointment of legal counsel under this division shall be pursuant to a contract approved by the Mayor and a majority vote of the Legislative Authority. The contract shall provide for the compensation and other terms of the engagement of the legal counsel, and the Legislative Authority shall provide that compensation for the legal counsel.
(C) When acting under this section, the Legislative Authority acts in its administrative capacity.
(R.C. § 733.48) (Rev. 2011)
(A) Appointment, powers, term and removal. The Legislative Authority may establish the position of Administrator by ordinance. The Administrator established under this section shall have those powers provided by division (B) of this section. The Administrator shall be appointed by the Mayor, but shall not take office unless his or her appointment has been approved by a majority vote of the members elected to the Legislative Authority. The Administrator need not be an elector or reside in the municipality at the time of his or her appointment; however, he or she shall become a resident of the municipality within six months after his or her appointment by the Mayor and confirmation by the Legislative Authority, unless his or her residence outside the municipality is approved by ordinance. The Administrator shall not be an elected official of the municipality at the time of his or her appointment or during his or her tenure in office. The Administrator shall serve at the pleasure of the Mayor and Legislative Authority and may be removed without cause by the Mayor with the consent of a majority of the members elected to the Legislative Authority, or he or she may be removed without cause by the affirmative vote of three-fourths of the members elected to the Legislative Authority, without the consent of the Mayor. The Legislative Authority may abolish the position of Administrator by ordinance.
(R.C. § 735.271)
(B) Abolishment and re-establishment of Board of Public Affairs.
(1) Upon the establishment of the position of Administrator, his or her appointment by the Mayor and confirmation by the Legislative Authority, as provided by division (A) of this section, the Board of Trustees of Public Affairs, if such a Board has been created in accordance with R.C. § 735.28, shall be abolished and the term of office of members of the Board shall terminate. All contracts entered into by the Board and rules and regulations promulgated and other action taken by the Board shall continue in effect until they have terminated of their own accord or until they have been modified, changed, revised, amended or repealed in the manner provided by law.
(2) If the Legislative Authority abolishes the position of Administrator, as provided by division (A) of this section, a Board of Trustees of Public Affairs shall be established by operation of law and the Mayor shall appoint three members of this Board, subject to the confirmation of the Legislative Authority, who shall serve until the successors of the appointed members have been elected at the next regular election of municipal officers held in the municipality occurring more than 100 days after the appointment of such members by the Mayor, as provided by R.C. § 735.28. The Board shall have those powers and duties provided by R.C. §§ 735.28 and 735.29 and as otherwise provided by law.
(R.C. § 735.272) (Rev. 2002)
(C) Powers and duties of the Administrator.
(1) The Administrator shall manage, conduct, and control the water works, electric light plants, artificial or natural gas plants, or other similar public utilities, furnish supplies of water, electricity, or gas, and collect all water, electric and gas rents.
(2) The Administrator may make such bylaws and regulations as it deems necessary for the safe, economical, and efficient management and protection of the works, plants, and public utilities. These bylaws and regulations, when not repugnant to municipal ordinances and resolutions or to the Ohio Constitution, shall have the same validity of ordinances.
(3) The rates for service and charges for municipally owned utilities shall be determined by the Legislative Authority.
(4) The Administrator shall have the same powers or perform the same duties as are provided in R.C. §§ 743.05 through 743.07, 743.10, 743.11, 743.18, and 743.24, and all the powers and duties relating to water works in any such sections shall extend to and include electric light, power, gas plants, and other similar public utilities.
(5) The Administrator shall supervise the improvement and repair of streets, avenues, alleys, lands, lanes, squares, landings, market houses, bridges, viaducts, sidewalks, sewers, drains, ditches, culverts, streams, and water courses as well as lighting, sprinkling, and cleaning of all streets, alleys, and public buildings and places.
(6) The Administrator shall appoint officers, employees, agents, clerks, and assistants, provided the positions are first authorized by the Legislative Authority, but the appointments shall be subject to approval by the Mayor. Such appointments and the Mayor’s approval shall be in writing, and shall be filed with the Clerk.
(7) The Administrator shall be under the general supervision and control of the Mayor, and shall have such other powers and duties as are prescribed by ordinance or by law and which are not inconsistent herewith. The Administrator shall perform all duties and shall have all powers of Boards of Public Affairs and Street Commissioners as prescribed by law, except as otherwise provided by R.C. §§ 735.271 and 735.272.
(R.C. § 735.273)
Cross-reference:
Administrator, contracting and central purchasing, see § 32.025(B)
(A) Appointment; election; organization.
(1) If a water works, electric light plant, artificial or natural gas plant or other similar public utility is situated in the municipality, or when the Legislative Authority orders a water works, electric light plant, artificial or natural gas plant or other similar public utility to be constructed, or to be leased or purchased from any individual, company or corporation, or when the Legislative Authority determines to establish a schedule of rates or charges of rents for use of the sewerage system and sewage pumping, treatment and disposal works of the municipality, The Legislative Authority shall establish a Board of Trustees of Public Affairs, which shall consist of three members who are residents of the municipality.
(2) All members shall have four-year terms, except that members of boards established after July 26, 1967, shall be elected as follows: at the next regular election of municipal officials occurring more than 100 days after the appointment of the first members of the Board as provided in this section, one member shall be elected for a term of two years and two members shall be elected for terms of four years each. Thereafter, all such members shall be elected for terms of four years.
(3) When the Legislative Authority establishes such Board, the Mayor shall appoint the members thereof, subject to the confirmation of the Legislative Authority. The successors of such appointed members shall be elected at the next regular election of municipal officers held in the municipality which occurs more than 100 days after the appointment.
(4) In case of a vacancy in the Board from death, resignation or otherwise, it shall be filled for the unexpired term by appointment by the Mayor, subject to confirmation by the Legislative Authority.
(5) The Board shall organize by electing one of its members President. Unless the office of Clerk of the Board has been consolidated with the office of Clerk of the municipality, as authorized by R.C. § 733.28, it may elect a Clerk, who shall be known as the Clerk of the Board of Trustees of Public Affairs.
(R.C. § 735.28)
(B) General powers and duties.
(1) The Board of Trustees of Public Affairs appointed under division (A) of this section shall manage, conduct and control the waterworks, electric light plants, artificial or natural gas plants or other similar public utilities, furnish supplies of water, electricity or gas, collect all water, electric and gas rents or charges and appoint necessary officers, employees and agents.
(2) The Board may make such bylaws and rules as it determines to be necessary for the safe, economical and efficient management and protection of the works, plants and public utilities. These bylaws and rules, when not repugnant to local ordinances or to the Constitution or laws of the state, shall have the same validity as ordinances.
(3) For the purpose of paying the expenses of conducting and managing the waterworks, plants and public utilities or of making necessary additions thereto and extensions and repairs thereon, the Board may assess a water rent or charge, or a light, power, gas or utility rent, of sufficient amount and in such manner as it determines to be most equitable, upon all tenements and premises supplied therewith. When the rents, except water rents and charges, are not paid when due, the Board may certify them to the County Auditor to be placed on the duplicate and collected as other municipal taxes, or it may collect them by actions at law in the name of the municipality. When water rents or charges are not paid when due, the Board may do either or both of the following:
(a) Certify them, together with any penalties, to the County Auditor. The County Auditor shall place the certified amount on the real property tax list and duplicate against the property served by the connection if he or she also receives from the Board additional certification that the unpaid rents or charges have arisen pursuant to a service contract made directly with an owner who occupies the property served. The amount placed on the tax list and duplicate shall be a lien on the property served from the date placed on the list and duplicate and shall be collected in the same manner as other taxes, except that, notwithstanding R.C. § 323.15, the County Treasurer shall accept a payment in such amount when separately tendered as payment for the full amount of the unpaid water rents or charges and associated penalties. The lien shall be released immediately upon payment in full of the certified amount. Any amounts collected by the County Treasurer under this division shall be placed for immediate distribution to the municipality, in the appropriate distinct fund established for water rents and charges.
(b) Collect them by action at law in the name of the municipality from an owner, tenant or other person who is liable to pay the rents or charges.
(4) The Board shall have the same powers and perform the same duties as are provided in R.C. §§ 743.01, 743.05 through 743.07, 743.10, 743.11, 743.18, 743.24 and 735.05 through 735.09, which powers and duties relating to waterworks in any of these sections shall extend to and include electric light, power and gas plants, and such other duties as are prescribed by law or ordinance not inconsistent herewith.
(5) If the Board assesses water rents or charges, it shall determine the actual amount of rents due, based upon an actual reading of each customer’s meter at least once in each three-month period, and at least quarterly the Board shall render a bill for the actual amount shown by the meter reading to be due, except that estimated bills may be rendered if access to a customer’s meter was unobtainable for a timely reading. If the Board assesses water rents or charges, it shall establish procedures providing fair and reasonable opportunity for resolution of billing disputes.
(6) When property to which water service is provided is about to be sold, any party to the sale or his or her agent may request the Board to read the meter at that property and to render, within ten days following the date on which the request is made, a final bill for all outstanding rents and charges for water service. Such a request shall be made at least 14 days prior to the transfer of the title of the property.
(7) At any time prior to a certification under division (B)(3)(a) of this section, the Board shall accept any partial payment of unpaid water rents or charges, in the amount of $10 or more.
(R.C. § 735.29) (Rev. 2002)
Cross-reference:
Abolishment and re-establishment of Board of Trustees of Public Affairs, see § 31.101(B)
Merger of offices of Clerk and Clerk of Board of Trustees of Public Affairs, see § 31.042
If the municipality has a Fire Engineer, Engineer or Superintendent of Markets, each such officer shall perform the duties prescribed by Title VII of the Ohio Revised Code and such other duties, not incompatible with the nature of his or her office, as the Legislative Authority by ordinance requires, and shall receive for his or her services such compensation by fees or salary, or both, as is provided by ordinance.
(R.C. § 733.80) (Rev. 2002)