reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.36 | Certification of Transcript of Common Pleas Proceedings to County Commissioners.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) After the final judgment, order, or decree upon any appeal is rendered by the court of common pleas, the clerk of the court of common pleas shall, within twenty-one days, make a transcript of the same and shall certify and transmit it with all original papers in the case to the clerk of the board of county commissioners, who shall forthwith enter the judgment, order, or decree upon the journal of the board. If the judgment, order, or decree is in favor of the granting of the improvement, the board shall proceed with the improvement proceedings in compliance with the final judgment, order, or decree from the point at which they were terminated by the appeal or from the point at which the court orders the board to proceed.
(B) Upon the expiration of the twenty-one day appeal period provided in section 6131.25 of the Revised Code, the clerk of the board of county commissioners shall transmit the schedules of assessments and damages to the county auditor. The board of county commissioners and the county engineer shall proceed with letting contracts and constructing the improvement, and the county auditor shall proceed to levy and collect assessments and to pay compensation and damages as if no appeal had been taken. If an appeal is filed pursuant to section 6131.25 of the Revised Code, the board and the engineer shall stay their proceedings until the final determination of the proceedings in the court of appeals or in the supreme court.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.37 | Bids for Drainage Improvements.

Effective:
April 9, 1981
Latest Legislation:
House Bill 268 - 113th General Assembly
If no appeal has been taken to the court of common pleas at the time fixed in the notice to receive bids as provided by section 6131.24 of the Revised Code, or if an appeal has been taken at the time as stated in the notice given after the appeal has been determined, the county engineer shall receive bids. The contracts, bids, bonds, and bid guaranties shall be handled in accordance with sections 153.12 to 153.14 and 307.86 to 307.92 of the Revised Code. Any action of the board forfeiting the bidder's deposit or bid guaranty shall be entered on its journal, and the forfeited sum shall be paid into the general drainage improvement fund.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.38 | Bid Requirements.

Effective:
April 9, 1981
Latest Legislation:
House Bill 268 - 113th General Assembly
The county engineer shall prepare the documents as specified in section 6131.24 of the Revised Code. If the improvement requires both labor and material that is used in and remains a part of the improvement, the bids referred to in section 6131.37 of the Revised Code shall state separately the bidder's offer upon each and for each bid item indicated on the form. If the plans or specifications do not name a specific grade, quality, kind, or size of any material of which different standard grades, qualities, kinds, or sizes are used, then the bids shall specify the grade, quality, kind, or size proposed to be furnished. Unless the specifications otherwise provide, all bids for material shall be considered to be for delivery at the location of the improvement and at such place as is designated by the engineer in charge of the work, except that tile or pipe of any kind shall be along the line of the improvement where the same are to be used, provided the location is accessible. Any bidder may submit a bid for any portion of the improvement that is the subject of a special estimate, whether of construction or material, providing it is for work or material that can be done or furnished independently of other work or material.
The bid form shall indicate the time that the contract shall be completed or be left blank for the bidder to establish such a time.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.40 | Acceptance of Bids.

Effective:
April 9, 1981
Latest Legislation:
House Bill 268 - 113th General Assembly
When the time has passed for the receiving of bids referred to in section 6131.37 of the Revised Code, the county engineer shall, as soon as is practicable, open, read aloud, and tabulate the bids and report them to the board of county commissioners with his recommendation of which bid, or combination of bids, in all respects is the best. No bid shall be accepted after the time designated for receiving bids. The board may accept any combination of bids of different bidders for different parts of the work or for furnishing different materials that they find will be more economical or advantageous than the aggregate bid of a single bidder, but no bid shall be accepted for any part or thing that exceeds the estimate of the engineer unless only by such acceptance can a contract for the completion of an entire improvement be let for less than the aggregate estimate of the total improvement.
If it is found that all bids for work and material, or all bids for any separate part of work and material, are in excess of the estimates reported by the engineer, the board shall order the readvertisement of the same, or any part thereof, for which the bids are in excess, and they may direct the engineer to re-estimate the same for bids on the new estimate.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.41 | Contracts for Drainage Improvement.

Effective:
April 9, 1981
Latest Legislation:
House Bill 268 - 113th General Assembly
The acceptance of the bids in accordance with section 6131.40 of the Revised Code shall be approved by the board of county commissioners. Upon the acceptance of any bid for the whole or any part of an improvement, the bidder shall within ten days enter into a contract in writing to perform the work or furnish the material bid for as prepared by the county engineer. The board by an order entered on its journal shall record the time within which the work shall be completed and material furnished, but if an improvement requires both labor and material and contracts therefor are given to different persons, the time of furnishing the material and completing the labor shall correspond with the time provided for its use in the progress of the work. An upper contractor shall not be required to complete his contract until an outlet is furnished by the work done by a lower contractor.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.42 | Actions Against Contractor and Bondsmen.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
Any owner who is assessed for the construction of any improvement may bring an action to enjoin the payment of any money owed a contractor who has not constructed the work according to the contract and specifications until the contractor has constructed the improvement according to the contract and specifications. The remedies provided in this section are in addition to all other remedies provided by law.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.43 | Assessments for Drainage Improvements.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Upon the completion of the work and the approval of it by the county engineer, the board of county commissioners shall order the county auditor to reduce pro rata the assessments confirmed by it by the difference between the estimated cost of the construction and the final cost as certified by the county engineer. The assessments so reduced, including the cost of location, engineering, compensation, damages, and contingency and the assessment for maintenance for one year, shall be levied upon each parcel of land, each public corporation, and each department, office, or institution of the state as stated in the schedules as of the date of the order of the board approving the contracts and ordering the levying of the assessments.
(B) The auditor shall notify the owners of all assessed lands of the amount of the actual assessment, which shall be not less than ten dollars, and of the payment plan for the collection of the assessments. The auditor shall immediately place the assessments so levied upon the duplicates of the county, and the assessments shall be a lien upon the several parcels of land respectively from and after the date of the order of the board approving and levying the assessments. The auditor shall be liable on the auditor's bond for any damages sustained by any person by reason of the auditor's failure to place promptly the assessments upon the proper duplicates of the county.
(C) The county auditor shall transmit to the governing body of any political subdivision affected by an improvement the assessments levied against it. The governing body shall authorize payment to be made to the county treasurer of the county in which the improvement is located from the general fund of the political subdivision, except as otherwise provided by law.
(D) The county auditor shall also transmit to the director of any department, office, or institution of the state, affected by an improvement the assessments levied against any department, office, or institution of the state. Payment shall be made to the county treasurer of the county in which the improvement is located.
Last updated August 8, 2023 at 10:57 AM
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.45 | Extending the Contract Time.

Effective:
April 9, 1981
Latest Legislation:
House Bill 268 - 113th General Assembly
The time fixed in a contract for the performance of any work or the furnishing of any material, on good cause shown by affidavit, may be extended by the board of county commissioners with the approval of the county engineer for any definite period that it finds is reasonably necessary to complete the work or furnish the material under the contract. In case of such extensions the contractor's bond and any sureties thereon shall remain liable as if the extended time had been originally named in the bond or contract. The board shall not extend the contract time of furnishing any material to be used by a contractor unless by consent of the contractor the time for performance of his contract is correspondingly extended. Any order extending or refusing to extend the contract time shall be by resolution entered on the journal of the board. The affidavit shall be filed in the proceedings.
Upon the recommendations of the county engineer, the board of county commissioners may deduct the costs of engineering and inspection incurred by the county during the tenure of the authorized extensions of time as liquidated damages from any money due or to become due the contractor or his bondsmen unless the extension of time is due to an unforeseeable cause beyond the control and without the fault or negligence of the contractor.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.46 | Supervision and Inspection of County Engineer or Deputy.

Effective:
April 9, 1981
Latest Legislation:
House Bill 268 - 113th General Assembly
All work on an improvement and all materials furnished for use therein shall be under the supervision and inspection of the county engineer or a deputy appointed by him for the purpose. All material furnished under the specifications and contract shall be inspected by him before use and within a reasonable time after the same is delivered and placed upon the line of the improvement or such other place as is designated.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.47 | Notice to Remove or Alter Obstruction.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) The county engineer shall evaluate all culverts and bridges, except those on state and federal highways, for adequacy of capacity, vertical and horizontal alignment, and stability. The county engineer shall schedule any bridge or culvert that does not conform with the design of the drainage improvement for removal and replacement or repair as the engineer considers necessary.
(B) If the county engineer determines that the culverts and bridges were adequate in capacity or vertical and horizontal alignment at the time of their installation, the removal and replacement shall be made at the expense of the project less any costs, which shall be apportioned by the engineer, for correction, maintenance, or replacement of the culvert or bridge in whole or in part due to deterioration or instability had the structure been left in place. The latter costs shall be specially assessed to the owner.
(C) The county engineer shall schedule in the project plans any culvert or bridge, except those on state and federal highways, that is washed out in whole or part, but that otherwise meets the requirements of the drainage improvement, for such repairs, additions, or other corrective measures necessary to preserve the bridge or culvert. The costs shall be assessed to the appropriate owner.
(D) Fences and floodgates impeding the flow of water shall be removed as a part of the drainage improvement. Replacement may be made by the owner, provided that prior written approval is obtained from the county engineer.
(E) The county engineer shall cause notice to be given to the owner not later than seven days in advance of removal or alteration of a culvert, bridge, fence, or floodgate.
(F) Any owner may furnish the work and material in lieu of a special assessment, provided the owner does all of the following:
(1) Makes written application to the county engineer within ten days after the final hearing;
(2) Furnishes the work and materials in accordance with the specifications for the improvement;
(3) Performs the work so as not to delay the project contractor;
(4) Completes the work prior to the completion of the work on the whole improvement.
(G) If the owner defaults on any or all of these conditions, the county engineer shall recommend to the board of county commissioners that the default be completed by an extra work order to the project contractor and its cost assessed to the owner.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.50 | General Drainage Improvement Fund.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) The board of county commissioners of each county may provide and establish the "general drainage improvement fund," to be used as a sinking fund for all bonds issued under sections 6131.01 to 6131.64, inclusive, of the Revised Code.
(B) The fund may consist of any of the following:
(1) Any taxes levied and collected for ditch and drainage purposes under county levies, not by law otherwise disposed of;
(2) The proceeds of all bonds issued and sold under sections 6131.01 to 6131.64, inclusive, of the Revised Code;
(3) The collections from all special assessments for benefits to property, as provided in such sections;
(4) Such other funds as by law are provided to be paid therein.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.51 | General Drainage Improvement Fund Payments.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) All costs and expenses of improvements under this chapter, including contract prices of construction and the costs of locating the improvement, may be paid from the general drainage improvement fund.
(B) The letting and approving of any contract for an improvement shall be considered a specific appropriation of the amount of the obligation, and that amount shall be set apart for the purpose of the payment and contingently charged against the fund. If at any time the fund contains the proceeds of bonds or notes issued and sold under such sections, the fund shall not be depleted below the obligations incurred by the bond or note issue unless assessments or levies have been made or ordered made in sufficient amount to redeem the bonds or notes as they fall due. If at any time obligations legally incurred exceed the amount of the drainage improvement fund, an amount of the general revenue funds in the county treasury equal to the deficiency, unless otherwise appropriated, may by resolution of the board of county commissioners be transferred to the general drainage improvement fund.
(C) At any time after assessments collected for a drainage improvement exceed the amount allocated to the board for engineering expenses, the board of county commissioners may by resolution transfer from the drainage improvement fund to the general revenue fund of the county an amount equal to that amount as reimbursement of the sum previously transferred under section 6131.12 or 6131.30 of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.52 | Tax Levy for Drainage Improvements by County Commissioners.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) If necessary, the board of county commissioners, each March, shall levy upon the grand duplicate of the county a tax, not to exceed five-tenths of one mill on the dollar, that is sufficient to pay for the location and construction of the portions of the respective improvements located by the board or for which the county has been assessed under this chapter or Chapter 6133., 6135., or 6137. of the Revised Code. When collected, the tax shall be credited to the general drainage improvement fund.
(B) For the purposes of this chapter and Chapters 6133., 6135., and 6137. of the Revised Code, the board of county commissioners may levy a tax under division (X) of section 5705.19 of the Revised Code upon all of the property listed and assessed for taxation in the county. In addition to the actions required under section 5705.19 of the Revised Code, the board shall cause to be filed with the county auditor and the board of elections of the county, at least sixty days prior to the passage of the resolution required under that section, an accurate map showing the locations and types of any proposed improvements, the areas to be benefited, and the existing system of drainage improvements that is to be maintained from the proceeds of the levy.
Any funds collected as a result of such a levy may be credited to the general drainage improvement fund of the county in which the tax is levied.
(C) For the purposes of this chapter and Chapters 6133., 6135., and 6137. of the Revised Code, the board of county commissioners may adopt a resolution designating any portion of the county as a drainage improvement district. If a copy of the resolution and a map or legal description of the district's boundaries have been filed with the county auditor in such form as the county auditor prescribes, the board may levy a tax within the district under division (X) of section 5705.19 of the Revised Code. The board shall base its designation on the location of a system of drainage improvements and on the areas to be benefited by that system. The proceeds of the levy shall only be used for the construction and maintenance of the system of drainage improvements within the drainage improvement district.
For the purposes of this section, the board of county commissioners is constituted the "taxing authority" and the county auditor is the "fiscal officer," within the purview of Chapter 5705. of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.53 | Tax Levy for Drainage Improvements by Township Trustees.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The board of township trustees of a township to which is apportioned by the board of county commissioners a portion of the expenses of the construction of an improvement shall levy annually upon the grand duplicate of the township a tax sufficient to pay said apportionment, but not to exceed five tenths of one mill on a dollar, and shall certify this to the county auditor on or before the fifteenth day of May in each year until all installments are provided for.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.54 | Tax Levy for Drainage Improvements by Board of Education.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If it is a party to an improvement under sections 6131.01 to 6131.64, inclusive, of the Revised Code, the board of education of a school district interested in land granted by congress for the support of public schools, unless such land has been permanently leased, and of a school district owning or holding other land for school purposes, when an assessment is made upon said land under such sections, shall pay for such assessment out of the contingent fund of the school district. If necessary for such purpose, the board may increase the levy for that fund otherwise authorized by law.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.55 | Rights and Remedies of Owner Who Has Not Received Notice.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) Any owner of land affected by an improvement who has not received notice thereof and has not had an opportunity to be heard as provided in this chapter or Chapter 6133., 6135., or 6137. of the Revised Code may bring an action in the court of common pleas of the county wherein the owner's land is located, against the board of county commissioners in its official capacity, to recover any tax or assessment paid, to enjoin any tax, assessment, or levy upon the owner's lands, to recover for any damages sustained, or for compensation for any property taken.
(B) The board may plead and prove the value of any actual benefit to the land by reason of the improvement.
(C) The rights granted by this section shall be in addition to all other rights provided by law.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.58 | Fees.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The fees to be charged and collected for services required of any public officer under sections 6131.01 to 6131.64, inclusive, of the Revised Code, if not specifically otherwise designated, shall be the fees allowed for like services in that office. If he is an officer receiving a salary, then such fees collected shall be in a like manner accounted for. Publication of notices as required in such sections shall be paid at the legal rate provided for similar matter originating in the court of common pleas.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.59 | Drainage Improvement - Public Watercourse.

Effective:
April 9, 1981
Latest Legislation:
House Bill 268 - 113th General Assembly
When an improvement consisting of a ditch, drain, or watercourse has been established and constructed or used for seven years or more, it shall be considered to be a public watercourse notwithstanding any error, defect, or irregularity in the location, establishment, or construction thereof, and the public shall have and possess in and to any such watercourse that has thus been constructed or used for seven years the rights and privileges that relate to and pertain to natural watercourses, but the same shall be subject to any improvement upon petition as provided in sections 6131.01 to 6131.64 of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.60 | Personal Interest of County Commissioner.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
If one or more members of a board of county commissioners are petitioners for an improvement or own land that will be taken, benefited, or damaged by the improvement petitioned for, the clerk of the board of county commissioners shall notify the judge of the court of common pleas of the county who shall within ten days appoint as many disinterested owners of the county as are necessary to take the place of the interested members. The appointees shall perform all the duties of the disqualified members and may receive from the general drainage improvement fund the same per diem rate as the disqualified members receive.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.61 | Oath of Witnesses.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In any hearing provided for in sections 6131.01 to 6131.64, inclusive, of the Revised Code, before a board of county commissioners, at which testimony to determine any fact is to be received, an oath as in trials in the court of common pleas shall be administered to all witnesses before they testify. Such oath may be administered by the president of the board.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.631 | New Single Span Bridge or Culvert or Extension of Existing Culvert Limiting Future Deepening of Public Watercourse.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) When construction of a new single span bridge or culvert or extension of an existing culvert that will limit the future deepening of a public watercourse is contemplated in connection with the construction of a state highway or other public improvement, the director of transportation or other public agency proposing the construction shall file plans for the construction with the clerk of the board of county commissioners of the county in which the construction or improvement is to be constructed.
(B) The clerk shall immediately refer the plans to the county engineer who shall review the proposed location, both horizontal and vertical, of the proposed structures and the effect of the proposed improvements on any other improvements and on any highways in the area.
(C) The county engineer shall file, within sixty days, with the clerk of the board of county commissioners and the director of transportation or other public agency a report of the review with such recommendations for change, amendment, or alteration in the plans for the proposed improvement as the engineer may determine to be necessary in the public interest.
(D) When the plans for the proposed improvements as presented, or as amended pursuant to the county engineer's recommendations, are approved by the county engineer, the engineer shall file, within sixty days, a certificate of approval with the clerk of the board of county commissioners. If the engineer does not file such a report of the engineer's review with the clerk within sixty days after the date that the plans were referred to the engineer, the engineer's approval shall be presumed by the clerk.
(E) The improvement shall then be constructed in accordance with the approved plans at the expense of the department of transportation or other public agency.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6131 | Single County Drainage Improvements › Section 6131.64 | Vacation of Ditch or Drain.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) Upon a petition being filed and a bond given as provided for the location and construction of an improvement, and upon the same proceedings with notice to interested parties for a hearing upon the petition, and with the same hearing as is provided for the location of an improvement, the board of county commissioners may determine whether any ditch or drain described in the petition has ceased to be a public utility, whether the public welfare no longer demands the maintenance thereof, and whether its vacation will be to the advantage of the public welfare.
(B) If the board finds that the vacation of the ditch or drain will be conducive to the public welfare, it may declare the same to be vacated and abandoned as a public ditch or drain and its location and establishment held for naught. The private rights of persons acquired by reason of the location and establishment of the ditch or drain shall not be interfered with nor impaired without due compensation being made, which compensation may be assessed on property that is benefited by the vacation of the ditch or drain.
(C) All proceedings relating to the vacation of a ditch or drain shall be conducted in accordance with this chapter, with all rights of appeal as provided in such sections.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6133 | Joint County Drainage Improvements › Section 6133.01 | Joint County Drainage Improvements Definitions.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
As used in this chapter:
(A) "Owner," "person," "public corporation," "land," "benefit," and "improvement" have the same meanings as in section 6131.01 of the Revised Code.
(B) "Lead county" means the county in which the majority of the initial length of a joint county drainage improvement would be located, as specified in an original petition filed under section 6133.02 of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6133 | Joint County Drainage Improvements › Section 6133.02 | Hearing - Filing Petition.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) When an improvement is proposed to be located in or benefits or damages land in two or more counties, the proceeding shall be conducted by a joint board of county commissioners consisting of the members of the boards of county commissioners of the several counties in which land may be benefited or damaged by the proposed improvement.
(B) The petition for a joint county drainage improvement shall be filed with the clerk of the board of county commissioners of the lead county.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6133 | Joint County Drainage Improvements › Section 6133.03 | Procedure of Joint Board.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) A joint board of county commissioners may do all the things that a board of county commissioners may do in a single county improvement, and shall be governed by and be subject to sections 6131.01 to 6131.64 of the Revised Code, relating to single county ditches insofar as applicable.
(B) Except as otherwise provided for in this chapter, a petition for a joint county improvement shall proceed before the joint board of county commissioners the same as if the joint board were a board of county commissioners representing a county that included all the territory of all the counties represented by the commissioners on the joint board, except as otherwise modified in accordance with this chapter.
(C) The cost of a joint county improvement shall be paid by the counties affected by such improvement, in proportion to their total drainage assessments, or as otherwise apportioned by the joint board, for such improvement. To meet its portion of such cost, a board of county commissioners may borrow such sums of money as are apportioned to the county, and may issue and sell the bonds of the county to secure the payment of the principal and interest of the sum borrowed. Such principal and interest shall be paid as provided in section 133.26 of the Revised Code.
(D) All owners affected by the proceedings for a joint county improvement shall have all the rights and remedies given them in the case of single county improvements. All rights of appeal and all other rights or remedies as provided in Chapter 6131. of the Revised Code apply to joint county improvements.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6133 | Joint County Drainage Improvements › Section 6133.04 | Organization of Joint Board.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) On the date fixed by the clerk of the board of county commissioners with whom the petition was filed, the board of county commissioners from each of the counties affected by a proposed joint county improvement shall meet and organize a joint board of county commissioners by electing one of their number president.
(B) The clerk of the board of county commissioners of the lead county shall act as clerk and administrator of the joint board and shall enter the findings of the joint board in the journal of the board of county commissioners of the clerk's county, shall do all things required to be done by the clerk, and shall make the final record of the improvement in the clerk's county. The clerk shall provide copies of all proceedings with the clerks of the boards of all affected counties.
(C) A majority of the county commissioners constituting the joint board shall constitute a quorum. All decisions of the joint board shall be made by a vote of a majority of the county commissioners constituting the joint board.
(D) The director of natural resources shall be a member ex officio of the joint board and may participate, either in person or through a designated representative, in deliberations and proceedings of the joint board but shall have no vote except in case of a tie, in which case the proceedings shall be adjourned for thirty days, during which time the director shall review the proceedings and cast the deciding vote. The vote shall be recorded in the journal.
(E) After the view of a proposed improvement by the joint board of county commissioners, all hearings shall be held in the lead county unless a majority of the joint board of county commissioners agree to an alternative location.
(F) When the joint board of county commissioners is formed, the joint board of county commissioners shall be administered by the lead county's elected officials, including the lead county's county engineer, county recorder, county auditor, county prosecutor, common pleas judges, county treasurer, and clerk of the board of county commissioners.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6133 | Joint County Drainage Improvements › Section 6133.041 | Conduct of Proceedings Using Electronic Means.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) Notwithstanding any other provision of this chapter or Chapter 6131. of the Revised Code to the contrary, a joint board of county commissioners, when practicable, may conduct meetings by video conference or, if video conference is not available, by teleconference. The joint board of county commissioners shall make provisions for public attendance at any location involved in such a meeting. The joint board shall establish the joint board's main office or board room as the primary meeting location for the video conference or teleconference. The conference shall be held at that location in an open meeting at which the public is allowed to attend.
(B) Before convening a meeting of a joint board of county commissioners by video conference or by teleconference, designated staff shall send, via electronic mail, facsimile, or United States postal service, a copy of meeting-related documents to each member of the joint board.
(C) The minutes of each joint county drainage improvement meeting shall specify who was attending by teleconference, who was attending by video conference, and who was physically present. Any vote taken in a meeting held by teleconference that is not unanimous shall be recorded as a roll call vote.
(D) Nothing in section 121.22 of the Revised Code prohibits a joint board of county commissioners from conducting a meeting in a manner authorized by this section.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6133 | Joint County Drainage Improvements › Section 6133.05 | Costs and Expenses of Joint Board.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) As used in this section, "actual expenses" means the actual expenses of the members of the joint board of county commissioners for the performance of their duties at places other than in their own county.
(B) If a petition filed under section 6133.02 of the Revised Code is dismissed, the actual expenses shall be paid by the petitioners.
(C) If a petition filed under section 6133.02 of the Revised Code is granted, the actual expenses shall be included in the costs of the project.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6133 | Joint County Drainage Improvements › Section 6133.06 | Duties of Clerk.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) Upon the filing of a petition under section 6133.02 of the Revised Code, the clerk of the board of county commissioners of the lead county shall call a joint meeting of the boards of county commissioners of all affected counties to be held at a designated place in the affected area at a date not more than thirty days after the filing of the petition for the purpose of organizing the joint board.
(B) The clerk of the lead county shall give notice of the filing of the petition and of the meeting to the board of the clerk's county and shall mail the notice together with a copy of the petition to the clerks of the boards of the county commissioners of the other counties interested who shall immediately notify the boards of their counties of the filing of the petition and of the date fixed for the meeting of the joint board.
(C) The clerk of the lead county shall file certified copies of all proceedings and filings with the clerks of the boards of all affected counties.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6133 | Joint County Drainage Improvements › Section 6133.07 | Duties of Lead County Auditor and Lead County Treasurer.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A)(1) The county auditor and county treasurer of the lead county are the fiscal agents of all the counties interested in the proposed improvement.
(2) The clerk of the joint board shall present bills for payment to the fiscal agents in the same manner as a request for payment would be made with respect to a single county drainage improvement.
(3) The fiscal agents shall process and pay each bill for the joint board of county commissioners presented.
(B) The auditor of the lead county shall certify to the auditor of the other counties a schedule of the assessments to be levied for the cost of locating and constructing the improvement and the auditor of such other county shall place such assessment upon the duplicates. The assessments so certified for collection to an auditor of another county shall be a lien on the land within such county from the date such certificate is received by the auditor of such other county.
(C) The treasurer of each county shall proceed to collect the assessments pursuant to the orders made in the proceedings for a joint drainage improvement, and shall pay the assessments to the treasurer of the lead county.
(D) The auditor and the treasurer of the lead county shall receive and account for such funds in the same manner as they receive and account for assessments collected for single county improvements and with their bonders shall be liable on their official bonds for any misappropriation of such funds.
(E) All warrants for the payment of costs of location and for costs of construction of a joint county improvement shall be drawn by the auditor of the lead county on the treasurer of the lead county, payable out of the general drainage improvement fund of the lead county.
(F) If a petition for a joint drainage improvement is dismissed after the costs and expenses have been incurred in making the lead county engineer's reports and schedules provided for in section 6133.08 of the Revised Code, such costs shall be paid by the several counties respectively, as the joint board of county commissioners deems just and equitable. All assessments when collected in all the counties and any amount which another county should pay shall be paid into the treasury of the lead county and credited to the general drainage improvement fund of the lead county.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6133 | Joint County Drainage Improvements › Section 6133.08 | Field Work and Surveys.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) The county engineer of the lead county is responsible for the field work and shall make the survey, plans, and estimates for the joint drainage improvement. The county engineer of each affected county shall assist in making the reports and schedules. All reports and schedules of the lead county's county engineer shall be signed and approved by all the county engineers of the several affected counties and shall be filed with the clerk of the lead county.
(B) The county engineer of the lead county shall proceed to take bids, inspect the progress of the work and make estimates and reports on the progress of the work, accept the work and material for the improvement, and issue certificates therefor, as in the case of single county improvements under Chapter 6131. of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6133 | Joint County Drainage Improvements › Section 6133.09 | Compensation or Damage Claims.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) The hearing on the reports and schedules of the county engineers provided for by section 6133.08 of the Revised Code and all other proceedings relative to a proposed joint county improvement shall be had the same as in single county drainage improvements.
(B) Claims for compensation for land taken or for damages to land may be appealed by an affected owner, or by the prosecuting attorney, to the court of common pleas of the county in which the land for which the owner claims compensation or damages is located.
(1) All claims for compensation or damages which are allowed shall be paid out of the treasury of the county in which such land is located.
(2) The county auditor of the lead county shall certify the amounts of compensation or damages so found by the joint board of county commissioners to the auditors of the other counties, respectively, for payment.
(C) If an appeal is taken on the question of compensation or damages, the auditor of the lead county shall transmit to the clerk of the court of common pleas of the county in which the land of the appellant is located the original papers relating to the claim for compensation or damages and a certified transcript of the findings on the improvement and on the claim, which shall be docketed by the clerk and shall proceed the same as an appeal on a claim for compensation or damages in a single county improvement proceeding.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6133 | Joint County Drainage Improvements › Section 6133.10 | Appeals.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) All appeals to the court of common pleas except appeals on claims for compensation or damages shall be heard by a panel of judges consisting of one judge of the court of common pleas from each of the affected counties.
(1) If the panel cannot reach a decision, the panel may request the addition of a judge from a court of common pleas in the area of the state in which the joint drainage improvement is located.
(2) The panel shall follow court opinions and precedent established by the appellate district in which the petition for the joint drainage improvement was filed.
(3) If a judge is disqualified or for any reason or refuses to hear a case, the chief justice of the supreme court shall designate a judge to sit in the judge's place.
(B) All appeals on claims for compensation or damages shall be tried by jury as provided in Chapter 6131. of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6133 | Joint County Drainage Improvements › Section 6133.11 | Appeal When Joint Board Unable to Agree.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
(A) If a joint board of county commissioners approves a proposed joint drainage improvement but, at the final hearing for the improvement, is unable to agree on the amount to be assessed to an affected county for improvements conducive to the public welfare, or of benefit to public highways or land owned by an affected county, the joint board shall by resolution state that the joint board is not able to agree on the assessments.
(1) Upon the adoption of the resolution, the question shall be appealed to the court of common pleas as is provided in sections 6133.02 to 6133.11 of the Revised Code.
(2) No bond on appeal need be filed and the resolution of the joint board shall be deemed the statement on appeal.
(3) The clerk of the joint board shall perfect the appeal by filing a transcript of the resolution and the record of proceedings for the joint improvement.
(B) The court shall hear an appeal under this section the same as other appeals under sections 6133.02 to 6133.11 of the Revised Code and make such order as to costs as is equitable.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6133 | Joint County Drainage Improvements › Section 6133.14 | Payment of Assessment Against State.

Effective:
March 24, 2021
Latest Legislation:
House Bill 340 - 133rd General Assembly
The state shall pay to the county treasurer of the lead county the assessment levied against it for the state's proportionate share of the cost of any improvement authorized or constructed under sections 6131.01 to 6131.64, 6133.01 to 6133.15, and 6135.01 to 6135.27 of the Revised Code and all unpaid assessments for maintenance as provided by sections 6137.01 to 6137.12 of the Revised Code.
2023 Ohio Revised Code › Title 61 | Water Supply-Sanitation-Ditches › Chapter 6135 | Interstate County Ditches › Section 6135.01 | Procedure Where More Than One County or State Affected by Improvement.

Effective:
August 23, 1957
Latest Legislation:
House Bill 220 - 102nd General Assembly
Where the board of county commissioners has been notified that a petition for the improvement of a ditch or drain has been regularly filed with the clerk of the board of county commissioners thereof, then said board shall proceed as in single county ditches, if lands affected by said improvement lie wholly in one county, and shall proceed as in joint county ditches if two or more counties are affected, and shall order the county engineers, or disinterested engineers, of such counties, in addition to the preliminary survey as provided for in other cases, to consult with the proper officials of the counties of an adjoining state through which the route of the improvement would pass.