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Section 6131.28 | Joinder and separation of appeals.

...eal 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. The cas...

Section 6131.30 | Appeal procedure in common pleas court.

...equitable jurisdiction, shall bring the entire proceedings before it in order to determine all the issues raised in the proceedings and enter a final judgment, 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, a...

Section 6131.31 | Procedures for findings on appeal.

...hat the notice shall state the date and time of the hearing in the court of common pleas, and proof of the notice shall be made by the certificate of the clerk of the court. If from the evidence adduced and the schedules filed the court finds that the improvement is necessary and will be conducive to the public welfare and that the cost of the improvement is less than the benefits that will be derived by the construc...

Section 6131.32 | Right of trial by jury.

...oners 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.

... 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. The court shall instruct the jury that it shall not consider or deduct the value of any benefits that such land wi...

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.

...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 gran...

Section 6131.37 | Bids for drainage improvements.

...ken 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...

Section 6131.38 | Bid requirements.

...te the time that the contract shall be completed or be left blank for the bidder to establish such a time.

Section 6131.40 | Acceptance of 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 aggre...

Section 6131.41 | Contracts for drainage improvement.

...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 ...

Section 6131.42 | Actions against contractor and bondsmen.

...sed 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.

...rk 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 fo...

Section 6131.45 | Extending the contract time.

...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...

Section 6131.46 | Supervision and inspection of county engineer or deputy.

... 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.

Section 6131.47 | Notice to remove or alter obstruction.

...at 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 engine...

Section 6131.50 | General drainage improvement fund.

... 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 und...

Section 6131.51 | General drainage improvement fund payments.

...tly 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 drai...

Section 6131.52 | Tax levy for drainage improvements by county commissioners.

...f 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 purpo...

Section 6131.53 | Tax levy for drainage improvements by township trustees.

...ounty 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.

Section 6131.54 | Tax levy for drainage improvements by board of education.

...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 su...

Section 6131.55 | Rights and remedies of owner who has not received notice.

...de 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 bene...

Section 6131.58 | Fees.

...lar matter originating in the court of common pleas.

Section 6131.59 | Drainage improvement - public watercourse.

...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...

Section 6131.60 | Personal interest of county commissioner.

...ssioners 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 th...