Ohio Revised Code Search
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Section 6131.16 | Notice of assessments and final hearing.
...ioners of the reports, plans, and schedules by the county engineer as provided in section 6131.14 of the Revised Code, the board of county commissioners shall fix a date not fewer than twenty-five nor more than ninety days thereafter when a final hearing on the report shall be held. (B) At least twenty-one days prior to the date established for the hearing, the clerk shall provide notice to all owners that are adj... |
Section 6131.17 | Exceptions to engineer's schedules of assessments.
...xception to the county engineer's schedules of assessments or file a claim for damages or compensation with the clerk of the board of county commissioners not less than five days before the date of the final hearing in the proceedings to construct the improvement. (B) An owner shall include with an exception or claim for compensation or damage the nature of the exception or claim, the amount claimed, if any, and th... |
Section 6131.19 | Hearing on compensation or damages.
...stimate of damages and upon any claim filed for compensation or damages. (B) Upon consideration of all the evidence, the county engineer's schedule of estimated damages, and a view of the affected property, if the board desires a view, the board shall determine the amount of damages for each claim filed by an owner, and shall also determine the value of any land or any other property to be taken for the proposed im... |
Section 6131.20 | Final hearing.
...d until the engineer makes proper schedules, which will include such changes. Before proceeding to make such change, all owners who will be affected thereby shall be notified of such proposed change, in the manner provided in sections 6131.01 to 6131.64, inclusive, of the Revised Code. |
Section 6131.21 | Factors to be considered by commissioners at final hearing.
...receiving and considering all the schedules, plans, and reports filed by the county engineer, the board of county commissioners shall review its former order to proceed with project survey and design for the proposed improvement and shall either affirm its former order and proceed to confirm the assessments and order the letting of the contract or shall set aside its former order and dismiss the petition. (B) In d... |
Section 6131.22 | Approval and confirmation of assessments.
...e receiving of bids, which shall be not less than thirty days after the date of the order; (2) Determine when the assessments must be paid; (3) Determine whether bonds or notes must be issued in anticipation of and payable out of the installments of assessments. (D) The board shall enter the orders approving the assessments, the order requiring the engineer to receive bids, and any other orders made at the fina... |
Section 6131.23 | Semiannual installments for payment of assessments.
...he Revised Code shall be payable in not less than two semiannual installments. At the time of the final hearing, in the order approving the levying of the assessments, the board of county commissioners shall determine how long a period of time, in semiannual installments, as taxes are paid, shall be given the owners of land benefited to pay the assessments that are made for an improvement and whether or not bonds or ... |
Section 6131.24 | Preliminary steps for receiving bids for drainage improvements.
...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 received and tabulated, but the bid guaranties with the bids shall immediately be returned to the bidders, and no further steps shall be taken on the bids. |
Section 6131.25 | Appeals.
...wner may appeal to the court of common pleas within thirty days of the date that any order was issued by the board of county commissioners under this chapter, and may appeal any one or more of the following questions: (1) Is the improvement necessary? (2) Will 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, ... |
Section 6131.27 | Transcript of order for drainage improvement.
...on pleas, together with the permanent files of records of the proceedings maintained by the board of county commissioners and county engineer as required under section 6131.061 of the Revised Code. |
Section 6131.28 | Joinder and separation of appeals.
...nly 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. The case on appeal shall be advanced, or tried as soon as the court can hear it... |
Section 6131.30 | Appeal procedure in common pleas court.
...he 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 of not more than twenty-five per cent of the engineer's preliminary estimate. |
Section 6131.31 | Procedures for findings on appeal.
...y engineer and without any of the schedules, plans, or reports having been filed by the engineer, finds that the construction of the improvement is not necessary or will not be conducive to the public welfare or that the cost will probably exceed the benefits, the court need not order a survey of the improvement, shall find against the improvement, and shall dismiss the petition therefor. The costs before the board s... |
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.
...If there is more than one appellant in a trial by jury authorized under section 6131.32 of the Revised Code with separate claims on the question of compensation or damages or if there are issues as to different properties, the court may submit all the several claims and issues to the same jury, with appropriate verdicts as to each claim. The court also may direct separate trials for the separate claims and issues. Th... |
Section 6131.34 | Costs and fees.
...e the costs as it deems just and equitable except as otherwise provided in section 6131.01 to 6131.64, inclusive, of the Revised Code. |
Section 6131.36 | Certification of transcript of common pleas proceedings to county commissioners.
... 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 Rev... |
Section 6131.37 | Bids for drainage improvements.
... 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 3... |
Section 6131.38 | Bid requirements.
...nd, 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 subm... |
Section 6131.40 | Acceptance of bids.
... 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, o... |
Section 6131.41 | Contracts for drainage improvement.
...on 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 c... |
Section 6131.42 | Actions against contractor and bondsmen.
...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. |
Section 6131.43 | Assessments for drainage improvements.
...ion 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 l... |
Section 6131.45 | Extending the contract time.
...y 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 o... |
Section 6131.46 | Supervision and inspection of county engineer or deputy.
... 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. |