Bill Text: OH HB134 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To allow a municipal corporation to transfer funds received under contracts for the sale of water for use in well stimulation to the general fund of the municipal corporation.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2013-04-17 - To State and Local Government [HB134 Detail]

Download: Ohio-2013-HB134-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 134

Representative Cera 

Cosponsors: Representatives Antonio, Driehaus, O'Brien, Slesnick, Fedor, Hagan, R., Barborak 

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A BILL

To amend section 743.05 of the Revised Code to allow

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a municipal corporation to transfer funds received

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under contracts for the sale of water for use in

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well stimulation to the general fund of the

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municipal corporation.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 743.05 of the Revised Code be amended	6
to read as follows:	7

Sec. 743.05. (A) After payment of the expenses of conducting	8
and managing the water works, any surplus of a municipal	9
corporation may be applied to the repairs, enlargement, or	10
extension of the works or of the reservoirs, the payment of the	11
interest of any loan made for their construction, or for the	12
creation of a sinking fund for the liquidation of the debt. In	13
those municipal corporations in which water works and sewerage	14
systems are conducted as a single unit, under one operating	15
management, a sum not to exceed ten per cent of the gross revenue	16
of the water works for the preceding year may be taken from any	17
surplus remaining after all of the preceding purposes have been	18
cared for and may be used for the payment of the cost of	19
maintenance, operation, and repair of the sewerage system and	20
sewage pumping, treatment, and disposal works and for the	21
enlargement or replacement thereof. Each year a sum equal to five	22
per cent of the gross revenue of the preceding year shall be first	23
retained from saidthe surplus as a reserve for water-works	24
purposes.	25

(B) The amount authorized to be levied and assessed for	26
water-works purposes shall be applied by the legislative authority	27
to the creation of the sinking fund for payment of any	28
indebtedness incurred for the construction and extension of water	29
works and for no other purpose;, provided,that where suchthe	30
municipal corporation does not operate or maintain a water works	31
or a sewage pumping, treatment, and disposal works, any or all	32
such surplus may be transferred to the general fund of the	33
municipal corporation in the manner provided for in sections	34
5705.15 and 5705.16 of the Revised Code.	35

(C) Notwithstanding divisions (A) and (B) of this section,	36
the legislative authority of a municipal corporation that	37
contracts for the sale of water from its water works for use in	38
well stimulation, as defined in section 1509.01 of the Revised	39
Code, may transfer all or a portion of surplus water works funds	40
to the general fund of the municipal corporation in the manner	41
provided for in sections 5705.15 and 5705.16 of the Revised Code.	42
The amount transferred under this division in any calendar year	43
shall not exceed the amount collected under the terms of the	44
contract or contracts for the sale of water for use in well	45
stimulation during the preceding calendar year.	46

Section 2. That existing section 743.05 of the Revised Code	47
is hereby repealed.	48