Chapter 6133 | Joint County Drainage Improvements

Title 61 Water Supply-Sanitation-Ditches

Section
Section 6133.01 \| Joint county drainage improvements definitions. Effective: March 24, 2021 Latest Legislation: House Bill 340 - 133rd General Assembly PDF: Download Authenticated PDF 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.
Section 6133.02 \| Hearing - filing petition. Effective: March 24, 2021 Latest Legislation: House Bill 340 - 133rd General Assembly PDF: Download Authenticated PDF (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.
Section 6133.03 \| Procedure of joint board. Effective: March 24, 2021 Latest Legislation: House Bill 340 - 133rd General Assembly PDF: Download Authenticated PDF (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.
Section 6133.04 \| Organization of joint board. Effective: March 24, 2021 Latest Legislation: House Bill 340 - 133rd General Assembly PDF: Download Authenticated PDF (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.
Section 6133.041 \| Conduct of proceedings using electronic means. Effective: March 24, 2021 Latest Legislation: House Bill 340 - 133rd General Assembly PDF: Download Authenticated PDF (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.
Section 6133.05 \| Costs and expenses of joint board. Effective: March 24, 2021 Latest Legislation: House Bill 340 - 133rd General Assembly PDF: Download Authenticated PDF (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.
Section 6133.06 \| Duties of clerk. Effective: March 24, 2021 Latest Legislation: House Bill 340 - 133rd General Assembly PDF: Download Authenticated PDF (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.
Section 6133.07 \| Duties of lead county auditor and lead county treasurer. Effective: March 24, 2021 Latest Legislation: House Bill 340 - 133rd General Assembly PDF: Download Authenticated PDF (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.
Section 6133.08 \| Field work and surveys. Effective: March 24, 2021 Latest Legislation: House Bill 340 - 133rd General Assembly PDF: Download Authenticated PDF (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.
Section 6133.09 \| Compensation or damage claims. Effective: March 24, 2021 Latest Legislation: House Bill 340 - 133rd General Assembly PDF: Download Authenticated PDF (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.
Section 6133.10 \| Appeals. Effective: March 24, 2021 Latest Legislation: House Bill 340 - 133rd General Assembly PDF: Download Authenticated PDF (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.
Section 6133.11 \| Appeal when joint board unable to agree. Effective: March 24, 2021 Latest Legislation: House Bill 340 - 133rd General Assembly PDF: Download Authenticated PDF (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.
Section 6133.14 \| Payment of assessment against state. Effective: March 24, 2021 Latest Legislation: House Bill 340 - 133rd General Assembly PDF: Download Authenticated PDF 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.