Ohio Revised Code Search
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Section 6131.20 | Final hearing.
...At the final hearing on a proposed improvement, the board of county commissioners shall hear any application that is filed for a change of the route or course of the proposed improvement, or of either terminus thereof, from that shown in the report of the county engineer. The board may hear any application to make any change in the nature, kind, or extent of the work proposed to be done, as shown in the report of the... |
Section 6131.22 | Approval and confirmation of assessments.
... assessment for benefits to the general public because the improvement is conducive to the public welfare shall be paid by the public and shall be assessed against the county payable from the general fund. (3) An assessment found to benefit state roads or highways shall be assessed against the state payable from motor vehicle revenues. (4) An assessment found to benefit county roads or highways shall be assesse... |
Section 6131.24 | Preliminary steps for receiving bids for drainage improvements.
...(A) The board of county commissioners shall fix a date, time, and place at the final hearing for the county engineer to receive bids. The county engineer shall prepare the necessary bid documents and legal advertisements as provided in sections 307.87 and 307.88 of the Revised Code. (B) If an appeal has been taken to the court of common pleas, as provided in section 6131.25 of the Revised Code, the bids may be rece... |
Section 6131.25 | Appeals.
...ill the improvement be conducive to the public welfare? (3) Is the cost of the improvement greater than the benefits conferred? (4) Is the route, termini, or mode of construction the best to accomplish the purpose of the improvement? (5) Are the assessments levied according to benefits? (6) Is the award for compensation or damages just? (B) The appeal may be taken from any order affecting any part of the im... |
Section 6131.27 | Transcript of order for drainage improvement.
...If an appeal is filed pursuant to section 6131.25 of the Revised Code, the clerk of the board of county commissioners shall promptly prepare a transcript of the orders made by the board of county commissioners, and shall file such transcript with the clerk of the court of common pleas, together with the permanent files of records of the proceedings maintained by the board of county commissioners and county engineer a... |
Section 6131.28 | Joinder and separation of appeals.
... may appeal from the orders in the same improvement. If several owners appeal, only one transcript need be made by the clerk of the board of county commissioners. All the appeals shall be filed in one action in the court of common pleas, which court, on any appeal, may separate for hearing or trial the issues appealed to said court, and render its order, judgment, or decree upon the issues as the same are determined.... |
Section 6131.30 | Appeal procedure in common pleas court.
...nt, order, or decree for or against the improvement petitioned for and for or against the assessments to be levied and the compensation and damages to be paid. (B) If the court orders the county engineer to make a survey and file the engineer's reports, plans, and schedules, the court also shall enter an order for transfer from the general revenue funds of the county to the general drainage improvement fund a sum o... |
Section 6131.32 | Right of trial by jury.
...On appeal from an order made by the board of county commissioners allowing or refusing to allow compensation or damages, the owners interested shall have the right of trial by jury. The jury may view the premises, as in other civil cases. |
Section 6131.33 | Jury verdict form.
...l receive from the construction of such improvement. |
Section 6131.34 | Costs and fees.
...If the appellants, on claims for compensation or damages, do not recover a judgment for more than the amount of compensation or damages awarded by the board of county commissioners, the costs on the hearing as to compensation or damages on appeal shall be taxed against the appellants. If the amount recovered is greater than the amount awarded by the board, the costs shall be taxed against the county. The prosecutin... |
Section 6131.36 | Certification of transcript of common pleas proceedings to county commissioners.
...nty 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... |
Section 6131.37 | Bids for drainage improvements.
...shall be paid into the general drainage improvement fund. |
Section 6131.38 | Bid requirements.
...ion 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 stan... |
Section 6131.40 | Acceptance of bids.
...ontract 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 th... |
Section 6131.41 | Contracts for drainage improvement.
...nt 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. |
Section 6131.42 | Actions against contractor and bondsmen.
...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. |
Section 6131.45 | Extending the contract time.
...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 the... |
Section 6131.46 | Supervision and inspection of county engineer or deputy.
...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 designate... |
Section 6131.47 | Notice to remove or alter obstruction.
...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 eng... |
Section 6131.50 | General drainage improvement fund.
...ide 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... |
Section 6131.51 | General drainage improvement fund payments.
...(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 ... |
Section 6131.52 | Tax levy for drainage improvements by county commissioners.
...ction 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 ... |
Section 6131.53 | Tax levy for drainage improvements by township trustees.
... 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. |
Section 6131.54 | Tax levy for drainage improvements by board of education.
... 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 ... |
Section 6131.55 | Rights and remedies of owner who has not received notice.
...(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 ... |