Effective: March 24, 2021
Latest Legislation: House Bill 340 - 133rd General Assembly
(A) At the conclusion of the first hearing on a petition for a proposed improvement, the board of county commissioners may decide to proceed with the project survey and design for a proposed improvement if the board finds all of the following:
(1) That a proposed improvement is necessary;
(2) That the proposed improvement is conducive to the public welfare;
(3) That it is reasonably certain that the benefits of the proposed improvement will outweigh its costs.
(B) The board shall give consideration to the protection of environmentally significant areas when those areas could be adversely affected by the construction of the proposed improvement and, if necessary, to alternative plans providing for that protection as well as for construction of the proposed improvement.
(C) After deciding to proceed with a petition for a proposed improvement, the board shall do all of the following:
(1) Determine the route and termini of the proposed improvement and of the branches, spurs, and laterals thereof and the manner of constructing the same. The board, without request or application, may by its order change either terminus of the proposed improvement or the route thereof if it finds that the change is necessary to accomplish the purposes of the improvement.
(2) Order the county engineer to prepare the reports, plans, and schedules as provided in this chapter.
(3) Set a date for the filing of reports, plans, and schedules by the engineer, allowing such time as is necessary for the preparation of the reports, plans, and schedules by the engineer, and such time may be extended from time to time by the board.
(D) After the thirty-day period for appeal provided under section 6131.25 of the Revised Code has expired and no appeal has been filed, the board may order the county auditor to transfer funds of the county not otherwise appropriated to the appropriate drainage improvement fund. The board shall not appropriate an amount that exceeds twenty-five per cent of the engineer's preliminary cost estimate.
(E) If the board decides to proceed with a petition for a proposed improvement, and if the improvement is being undertaken through the joint efforts and cooperation of the board and any federal or state agency, and if the federal regulations, state agency rules, or other procedures of the cooperating agency are in conflict with Chapter 6131. of the Revised Code with respect to the procedures for the preparing of contracts, the issuing of bids, the making of awards, and generally the administering of the contracts, the board may adopt the federal regulations, state agency rules, or procedures in those areas where conflict exists and proceed with the improvement in accordance with the requirements of the federal regulations, state agency rules, or procedures.
(F) The board shall enter all of its findings and orders in the board's journal. An order issued by the board under this section granting the intent of the petition is effective on the day of the hearing at which the board issued it.
Structure Ohio Revised Code
Title 61 | Water Supply-Sanitation-Ditches
Chapter 6131 | Single County Drainage Improvements
Section 6131.01 | Single County Drainage Improvement Definitions.
Section 6131.02 | Authority of County Commissioners to Construct Ditch Improvements.
Section 6131.03 | Co-Ordinating System of Water Conservation and Flood Control.
Section 6131.04 | Petition for Construction of Single County Drainage Improvement.
Section 6131.05 | Petition Amendments.
Section 6131.06 | Bond to Be Filed With Petition.
Section 6131.061 | Record Keeping.
Section 6131.07 | Notice and Hearing on Petition.
Section 6131.08 | Comments on Petition.
Section 6131.09 | Preliminary Report by County Engineer.
Section 6131.10 | Viewing of Premises.
Section 6131.101 | First Hearing on Petition for Proposed Drainage Improvement.
Section 6131.11 | Dismissal of Petition - Appeal.
Section 6131.12 | Grant of Petition.
Section 6131.13 | Consolidation of Petitions.
Section 6131.14 | County Engineer's Duties.
Section 6131.15 | Schedule of Assessments.
Section 6131.16 | Notice of Assessments and Final Hearing.
Section 6131.17 | Exceptions to Engineer's Schedules of Assessments.
Section 6131.19 | Hearing on Compensation or Damages.
Section 6131.20 | Final Hearing.
Section 6131.21 | Factors to Be Considered by Commissioners at Final Hearing.
Section 6131.22 | Approval and Confirmation of Assessments.
Section 6131.23 | Semiannual Installments for Payment of Assessments.
Section 6131.24 | Preliminary Steps for Receiving Bids for Drainage Improvements.
Section 6131.27 | Transcript of Order for Drainage Improvement.
Section 6131.28 | Joinder and Separation of Appeals.
Section 6131.30 | Appeal Procedure in Common Pleas Court.
Section 6131.31 | Procedures for Findings on Appeal.
Section 6131.32 | Right of Trial by Jury.
Section 6131.33 | Jury Verdict Form.
Section 6131.34 | Costs and Fees.
Section 6131.36 | Certification of Transcript of Common Pleas Proceedings to County Commissioners.
Section 6131.37 | Bids for Drainage Improvements.
Section 6131.38 | Bid Requirements.
Section 6131.40 | Acceptance of Bids.
Section 6131.41 | Contracts for Drainage Improvement.
Section 6131.42 | Actions Against Contractor and Bondsmen.
Section 6131.43 | Assessments for Drainage Improvements.
Section 6131.45 | Extending the Contract Time.
Section 6131.46 | Supervision and Inspection of County Engineer or Deputy.
Section 6131.47 | Notice to Remove or Alter Obstruction.
Section 6131.50 | General Drainage Improvement Fund.
Section 6131.51 | General Drainage Improvement Fund Payments.
Section 6131.52 | Tax Levy for Drainage Improvements by County Commissioners.
Section 6131.53 | Tax Levy for Drainage Improvements by Township Trustees.
Section 6131.54 | Tax Levy for Drainage Improvements by Board of Education.
Section 6131.55 | Rights and Remedies of Owner Who Has Not Received Notice.
Section 6131.59 | Drainage Improvement - Public Watercourse.
Section 6131.60 | Personal Interest of County Commissioner.
Section 6131.61 | Oath of Witnesses.
Section 6131.63 | Written Agreement for Construction of Drainage Improvement.