(133rd General Assembly)
(Substitute House Bill Number 340)
AN ACT
To amend sections 305.31, 940.01, 940.02, 940.05, 940.06, 940.07, 940.08, 940.10, 940.11, 940.12, 940.13, 940.19, 940.20, 940.21, 940.22, 940.23, 940.26, 940.29, 940.31, 940.32, 940.33, 940.34, 940.35, 6131.01, 6131.04, 6131.05, 6131.06, 6131.07, 6131.08, 6131.09, 6131.10, 6131.11, 6131.12, 6131.13, 6131.14, 6131.15, 6131.16, 6131.17, 6131.19, 6131.21, 6131.22, 6131.23, 6131.24, 6131.25, 6131.27, 6131.28, 6131.30, 6131.32, 6131.33, 6131.34, 6131.36, 6131.42, 6131.43, 6131.47, 6131.50, 6131.51, 6131.52, 6131.55, 6131.57, 6131.60, 6131.63, 6131.631, 6131.64, 6133.01, 6133.02, 6133.03, 6133.04, 6133.041, 6133.05, 6133.06, 6133.07, 6133.08, 6133.09, 6133.10, 6133.11, 6133.14, 6137.01, 6137.02, 6137.03, 6137.04, 6137.05, 6137.051, 6137.06, 6137.07, 6137.08, 6137.09, 6137.10, 6137.11, 6137.111, 6137.112, 6137.12, 6137.13, and 6137.14; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 940.26 (940.24), 940.29 (940.31), 940.33 (940.32), 940.34 (940.33), 940.31 (940.35), 940.32 (940.36), 940.35 (940.37), and 6131.57 (6131.061); to enact new sections 940.25, 940.26, 940.27, 940.28, 940.29, 940.30, and 940.34 and sections 940.38, 940.39, and 6131.101; and to repeal sections 940.18, 940.24, 940.25, 940.26, 940.27, 940.28, 940.29, 940.30, 6131.18, 6131.26, 6131.29, 6131.35, 6131.44, 6131.48, 6131.49, 6131.56, and 6131.62 of the Revised Code to revise the state's drainage laws.
Be it enacted by the General Assembly of the State of Ohio:
Section 1. That sections 305.31, 940.01, 940.02, 940.05, 940.06, 940.07, 940.08, 940.10, 940.11, 940.12, 940.13, 940.19, 940.20, 940.21, 940.22, 940.23, 940.26, 940.29, 940.31, 940.32, 940.33, 940.34, 940.35, 6131.01, 6131.04, 6131.05, 6131.06, 6131.07, 6131.08, 6131.09, 6131.10, 6131.11, 6131.12, 6131.13, 6131.14, 6131.15, 6131.16, 6131.17, 6131.19, 6131.21, 6131.22, 6131.23, 6131.24, 6131.25, 6131.27, 6131.28, 6131.30, 6131.32, 6131.33, 6131.34, 6131.36, 6131.42, 6131.43, 6131.47, 6131.50, 6131.51, 6131.52, 6131.55, 6131.57, 6131.60, 6131.63, 6131.631, 6131.64, 6133.01, 6133.02, 6133.03, 6133.04, 6133.041, 6133.05, 6133.06, 6133.07, 6133.08, 6133.09, 6133.10, 6133.11, 6133.14, 6137.01, 6137.02, 6137.03, 6137.04, 6137.05, 6137.051, 6137.06, 6137.07, 6137.08, 6137.09, 6137.10, 6137.11, 6137.111, 6137.112, 6137.12, 6137.13, and 6137.14 be amended; sections 940.26 (940.24), 940.29 (940.31), 940.33 (940.32), 940.34 (940.33), 940.31 (940.35), 940.32 (940.36), 940.35 (940.37), and 6131.57 (6131.061) be amended for the purpose of adopting new section numbers as indicated in parentheses; and new sections 940.25, 940.26, 940.27, 940.28, 940.29, 940.30, and 940.34 and sections 940.38, 940.39, and 6131.101 of the Revised Code be enacted to read as follows:
Sec. 305.31. The
procedure for submitting to a referendum a resolution adopted by a
board of county commissioners under division (H) of section 307.695
of the Revised Code that is not submitted to the electors of the
county for their approval or disapproval; any resolution adopted by a
board of county commissioners pursuant to division (D)(1) of section
307.697, section 322.02, or 322.06, sections 940.31
940.32
and
940.33
940.35,
division (B)(1) of section 4301.421, section 4504.02, 5739.021, or
5739.026, division (A)(6), (A)(10), or (M) of section 5739.09,
section 5741.021 or 5741.023, or division (C)(1) of section 5743.024
of the Revised Code; or a rule adopted pursuant to section 307.79 of
the Revised Code shall be as prescribed by this section.
Except as otherwise provided in this paragraph, when a petition, signed by ten per cent of the number of electors who voted for governor at the most recent general election for the office of governor in the county, is filed with the county auditor within thirty days after the date the resolution is passed or rule is adopted by the board of county commissioners, or is filed within forty-five days after the resolution is passed, in the case of a resolution adopted pursuant to section 5739.021 of the Revised Code that is passed within one year after a resolution adopted pursuant to that section has been rejected or repealed by the electors, requesting that the resolution be submitted to the electors of the county for their approval or rejection, the county auditor shall, after ten days following the filing of the petition, and not later than four p.m. of the ninetieth day before the day of election, transmit a certified copy of the text of the resolution or rule to the board of elections. In the case of a petition requesting that a resolution adopted under division (D)(1) of section 307.697, division (B)(1) of section 4301.421, or division (C)(1) of section 5743.024 of the Revised Code be submitted to electors for their approval or rejection, the petition shall be signed by seven per cent of the number of electors who voted for governor at the most recent election for the office of governor in the county. The county auditor shall transmit the petition to the board together with the certified copy of the resolution or rule. The board shall examine all signatures on the petition to determine the number of electors of the county who signed the petition. The board shall return the petition to the auditor within ten days after receiving it, together with a statement attesting to the number of such electors who signed the petition. The board shall submit the resolution or rule to the electors of the county, for their approval or rejection, at the succeeding general election held in the county in any year, or on the day of the succeeding primary election held in the county in even-numbered years, occurring subsequent to ninety days after the auditor certifies the sufficiency and validity of the petition to the board of elections.
No resolution shall go into effect until approved by the majority of those voting upon it. However, a rule shall take effect and remain in effect unless and until a majority of the electors voting on the question of repeal approve the repeal. Sections 305.31 to 305.41 of the Revised Code do not prevent a county, after the passage of any resolution or adoption of any rule, from proceeding at once to give any notice or make any publication required by the resolution or rule.
The board of county commissioners shall make available to any person, upon request, a certified copy of any resolution or rule subject to the procedure for submitting a referendum under sections 305.31 to 305.42 of the Revised Code beginning on the date the resolution or rule is adopted by the board. The board may charge a fee for the cost of copying the resolution or rule.
As used in this section, "certified copy" means a copy containing a written statement attesting that it is a true and exact reproduction of the original resolution or rule.
Sec. 940.01. As used in this chapter:
(A) "Soil and water conservation district" means a district organized in accordance with this chapter.
(B) "Supervisor" means one of the members of the governing body of a district.
(C) "Landowner," "owner," or "owner of land" means an owner of record as shown by the records in the office of the county recorder. With respect to an improvement or a proposed improvement, "landowner," "owner," or "owner of land" also includes any public corporation and the director of any department, office, or institution of the state that is affected by the improvement or that would be affected by the proposed improvement, but that does not own any right, title, estate, or interest in or to any real property.
(D) "Land occupier" or "occupier of land" means any person, firm, or corporation that controls the use of land whether as landowner, lessee, renter, or tenant.
(E) "Due notice" means notice published at least twice, stating time and place, with an interval of at least thirteen days between the two publication dates, in a newspaper of general circulation within a soil and water conservation district.
(F) "Agricultural pollution" means failure to use management or conservation practices in farming or silvicultural operations to abate wind or water erosion of the soil or to abate the degradation of the waters of the state by residual farm products, manure, or soil sediment, including substances attached thereto.
(G) "Urban sediment pollution" means failure to use management or conservation practices to abate wind or water erosion of the soil or to abate the degradation of the waters of the state by soil sediment in conjunction with land grading, excavating, filling, or other soil disturbing activities on land used or being developed for nonfarm commercial, industrial, residential, or other nonfarm purposes, except lands being used in a strip mine operation as defined in section 1513.01 of the Revised Code and except lands being used in a surface mining operation as defined in section 1514.01 of the Revised Code.
(H) "Uniform assessment" means an assessment that is both of the following:
(1)
Based upon a complete appraisal of each
both
of the following:
(a)
Each parcel
of land, together with all improvements thereon, within a
project the
area
that
will benefit from a proposed improvement; and
of
the
(b)
The benefits
or damages brought about as a result of the
project
proposed
improvement that
is determined by criteria applied
equally to all parcels within the project
area;
that
will benefit from the proposed improvement.
(2) Levied upon the parcels at a uniform rate on the basis of the appraisal.
(I) "Varied assessment" means any assessment that does not meet the criteria established in division (H) of this section.
(J)
"Project
area" means an area determined and certified by the supervisors
of a soil and water conservation district under section 940.25 of the
Revised Code.
(K)
"Benefit"
or "benefits" means advantages to land and owners, to
public corporations, and to the state resulting from drainage,
conservation, control, and management of water and from
environmental, wildlife, and recreational improvements. "Benefit"
or "benefits" includes, but is not limited
to, any of the following factors:
(1) Elimination or reduction of damage from flooding;
(2) Removal of water conditions that jeopardize public health, safety, or welfare;
(3) Increased value of land resulting from an improvement;
(4) Use of water for irrigation, storage, regulation of stream flow, soil conservation, water supply, or any other incidental purpose;
(5) Providing an outlet for the accelerated runoff from artificial drainage if a stream, watercourse, channel, or ditch that is under improvement is called upon to discharge functions for which it was not designed. Uplands that have been removed from their natural state by deforestation, cultivation, artificial drainage, urban development, or other human methods shall be considered to be benefited by an improvement that is required to dispose of the accelerated flow of water from the uplands.
(L)
(K)
"Improvement"
or "conservation works of improvement" means an improvement
that is made under the authority established in division (C) of
section 940.06 of the Revised Code.
(M)
(L)
"Land"
has the same meaning as in section 6131.01 of the Revised Code.
(N)
(M)
"Manure,"
"operation and management plan," and "residual farm
products" have the same meanings as in section 939.01 of the
Revised Code.
(O)
(N)
"Voluntary
nutrient management plan" has the same meaning as in section
905.31 of the Revised Code.
(O) "Lead county" means the county in which the majority of the initial length of a proposed improvement would be located, as set forth in a petition, when the proposed improvement would be located in two or more counties.
(P) "Day" means calendar day.
Sec. 940.02. There is hereby established in the department of agriculture the Ohio soil and water conservation commission. The commission shall consist of seven members of equal status and authority, six of whom shall be appointed by the governor with the advice and consent of the senate, and one of whom shall be designated by resolution of the board of directors of the Ohio federation of soil and water conservation districts. The directors of agriculture, environmental protection, and natural resources, the vice-president for agricultural administration of the Ohio state university, and an officer of the Ohio federation of soil and water conservation districts, or their designees, may serve as ex officio members of the commission, but without the power to vote. A vacancy in the office of an appointed member shall be filled by the governor, with the advice and consent of the senate. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of that term. Of the appointed members, four shall be persons who have a knowledge of or interest in agricultural production and the natural resources of the state. One member shall represent rural interests and one member shall represent urban interests. Not more than three of the appointed members shall be members of the same political party.
Terms of office of the member designated by the board of directors of the federation and the members appointed by the governor shall be for four years, commencing on the first day of July and ending on the thirtieth day of June.
Each appointed member shall hold office from the date of appointment until the end of the term for which the member was appointed. Any appointed member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office, or until a period of sixty days has elapsed, whichever occurs first.
The commission shall organize by selecting from its members a chairperson and a vice-chairperson. The commission shall hold at least one regular meeting in each quarter of each calendar year and shall keep a record of its proceedings, which shall be open to the public for inspection. Special meetings may be called by the chairperson and shall be called by the chairperson upon receipt of a written request signed by two or more members of the commission. Written notice of the time and place of each meeting shall be sent to each member of the commission. A majority of the commission shall constitute a quorum.
The commission may adopt rules as necessary to carry out the purposes of this chapter, subject to Chapter 119. of the Revised Code.
The governor may remove any appointed member of the commission at any time for inefficiency, neglect of duty, or malfeasance in office, after giving to the member a copy of the charges against the member and an opportunity to be heard publicly in person or by counsel in the member's defense. Any such act of removal by the governor is final. A statement of the findings of the governor, the reason for the governor's action, and the answer, if any, of the member shall be filed by the governor with the secretary of state and shall be open to public inspection.
All members of the commission shall be reimbursed for the necessary expenses incurred by them in the performance of their duties as members.
Upon recommendation by the commission, the director of agriculture shall designate an executive secretary and provide staff necessary to carry out the powers and duties of the commission.
The commission shall do all of the following:
(A) Determine distribution of funds under section 940.15 of the Revised Code, recommend to the director and other agencies the levels of appropriations to special funds established to assist soil and water conservation districts, and recommend the amount of federal funds to be requested and policies for the use of such funds in support of soil and water conservation district programs;
(B)
Assist in keeping the board
of supervisors
of soil and water conservation districts informed of their
its
powers
and duties, program opportunities, and the activities and experience
of all other districts, and facilitate the interchange of advice,
experience, and cooperation between the districts;
(C) Seek the cooperation and assistance of the federal government or any of its agencies, and of agencies of this state, in the work of the districts;
(D) Adopt appropriate rules governing the conduct of elections provided for in this chapter, subject to Chapter 119. of the Revised Code, provided that only owners and occupiers of lands situated within the boundaries of the districts or proposed districts to which the elections apply shall be eligible to vote in the elections;
(E) Recommend to the director priorities for planning and construction of small watershed projects, and make recommendations to the director concerning coordination of programs as proposed and implemented in agreements with soil and water conservation districts;
(F) Recommend to the director, the governor, and the general assembly programs and legislation with respect to the operations of soil and water conservation districts that will encourage proper soil, water, and other natural resource management and promote the economic and social development of the state;
(G) Recommend to the director of agriculture a procedure for coordination of a program of agricultural pollution abatement. Implementation of such a program shall be based on water quality standards adopted pursuant to section 6111.041 of the Revised Code. The director of environmental protection may coordinate with the division of soil and water conservation in the department of agriculture and soil and water conservation districts for the abatement of agricultural pollution.
Sec. 940.05. The
governing
body board
of
supervisors
of a
soil and water conservation district shall consist of five
supervisors, as provided for in section 940.04 of the Revised Code.
The
supervisors
board
shall
organize annually by selecting a chairperson, a secretary, and a
treasurer. They
It
shall
designate one of their
its
members
as fiscal agent. A majority of the five
supervisors board
shall
constitute a quorum. The concurrence of a majority of the five
supervisors board
in
any matter shall be required for its determination. A supervisor
shall receive no compensation for the supervisor's services, except
when both of the following occur:
(A) A district board of supervisors designates one or more of its supervisors to represent the district on a joint district board or if an agency or instrumentality of the United States, of this state, or of a political subdivision of this state requires or requests district board representation;
(B) Such compensation is provided for by public moneys other than moneys in the special fund of the local district created pursuant to section 940.12 of the Revised Code.
A supervisor is entitled to be reimbursed for the necessary expenses incurred in the discharge of official duties.
The
supervisors
board
of supervisors shall
furnish to the Ohio soil and water conservation commission, upon its
request, copies
of rules, orders, contracts, forms, and other documents they
adopt or employ it
adopts or employs and
other information concerning their
its
activities
as it requires in the performance of its duties under this chapter.
At least once each year, a district shall submit to the commission a report of progress and operations, including a summary of receipts and disbursements during the period covered by the report. A district shall submit additional financial reports as requested by the commission.
The
supervisors
board
shall
provide for the execution of surety bonds for all employees and
officers who are entrusted with funds and shall provide for the
keeping of a full and accurate record of all proceedings and of all
resolutions and orders issued or adopted. Any supervisor may be
removed by the commission upon notice and hearing for neglect of duty
or malfeasance in office.
Sec. 940.06. The
board
of supervisors
of a soil and water conservation district have the following powers
in addition to their
its
other
powers:
(A) To conduct surveys, investigations, and research relating to the character of soil erosion, floodwater and sediment damages, and the preventive and control measures and works of improvement for flood prevention and the conservation, development, utilization, and disposal of water needed within the district, and to publish the results of those surveys, investigations, or research, provided that no district shall initiate any research program except in cooperation or after consultation with the Ohio agricultural research and development center;
(B) To develop plans for the conservation of soil resources, for the control and prevention of soil erosion, and for works of improvement for flood prevention and the conservation, development, utilization, and disposal of water within the district, and to publish those plans and information;
(C) To implement, construct, repair, maintain, and operate preventive and control measures and other works of improvement for natural resource conservation and development and flood prevention, and the conservation, development, utilization, and disposal of water within the district on lands owned or controlled by this state or any of its agencies and on any other lands within the district, which works may include any facilities authorized under state or federal programs, and to acquire, by purchase or gift, to hold, encumber, or dispose of, and to lease real and personal property or interests in such property for those purposes;
(D) To cooperate or enter into agreements with any occupier of lands within the district in the carrying on of natural resource conservation operations and works of improvement for flood prevention and the conservation, development, utilization, and management of natural resources within the district, subject to such conditions as the supervisors consider necessary;
(E) To accept donations, gifts, grants, and contributions in money, service, materials, or otherwise, and to use or expend them according to their terms;
(F) To adopt, amend, and rescind rules to carry into effect the purposes and powers of the district;
(G) To sue and plead in the name of the district, and be sued and impleaded in the name of the district, with respect to its contracts and, as indicated in section 940.07 of the Revised Code, certain torts of its officers, employees, or agents acting within the scope of their employment or official responsibilities, or with respect to the enforcement of its obligations and covenants made under this chapter;
(H) To make and enter into all contracts, leases, and agreements and execute all instruments necessary or incidental to the performance of the duties and the execution of the powers of the district under this chapter, provided that all of the following apply:
(1)
Except as provided in section 307.86 of the Revised Code regarding
expenditures by boards of county commissioners, when the cost under
any such contract, lease, or agreement, other than compensation for
personal services or rental of office space, involves an expenditure
of more than the amount established in that section regarding
expenditures by boards of county commissioners, the supervisors
board
shall
make a written contract with the lowest and best bidder after
advertisement, for not less than two nor more than four consecutive
weeks preceding the day of the opening of bids, in a newspaper of
general circulation within the district or as provided in section
7.16 of the Revised Code and in such other publications as the
supervisors determine. The notice shall state the general character
of the work and materials to be furnished, the place where plans and
specifications may be examined, and the time and place of receiving
bids.
(2) Each bid for a contract shall contain the full name of every person interested in it.
(3) Each bid for a contract for the construction, demolition, alteration, repair, or reconstruction of an improvement shall meet the requirements of section 153.54 of the Revised Code.
(4)
Each bid for a contract, other than a contract for the construction,
demolition, alteration, repair, or reconstruction of an improvement,
at the discretion of the
supervisors
board,
may be accompanied by a bond or certified check on a solvent bank in
an amount not to exceed five per cent of the bid, conditioned that,
if the bid is accepted, a contract shall be entered into.
(5)
The supervisors
board
may
reject any and all bids.
(I) To charge, alter, and collect rentals and other charges for the use or services of any works of the district;
(J) To enter, either in person or by designated representatives, upon lands, private or public, in the necessary discharge of their duties;
(K)
To enter into agreements or contracts with the department of
agriculture for the determination, implementation, inspection, and
funding of agricultural pollution abatement measures whereby
landowners, operators, managers, and developers may meet adopted
state standards for a quality environment, except that failure of a
district
board
of
supervisors to
negotiate an agreement or contract with the department authorizes the
department to implement the required program;
(L) To conduct demonstrations and provide information to the public regarding practices and methods for natural resource conservation, development, and utilization;
(M) To enter into contracts or agreements with the director of environmental protection in furtherance of actions to abate urban sediment pollution;
(N) To develop operation and management plans as necessary;
(O)
To determine whether operation and management plans developed under
division (A) of section 939.03 of the Revised Code comply with the
standards established under division (E)(1) of section 939.02 of the
Revised Code and to approve or disapprove the plans, based on such
compliance. If an operation and management plan is disapproved, the
board shall provide a written explanation to the person who submitted
the plan. The person may appeal the plan disapproval to the director
of agriculture or the director's designee, who shall afford the
person a hearing. Following the hearing, the director or the
director's designee shall uphold the plan disapproval or reverse it.
If the director or the director's designee reverses the plan
disapproval, the plan shall be deemed approved under this division.
In the event that any person operating or owning agricultural land or
an animal feeding operation in accordance with an approved operation
and management plan who, in good faith, is following that plan,
causes agricultural pollution, the plan shall be revised in a fashion
necessary to mitigate the agricultural pollution, as determined and
approved by the board
of
supervisors of the soil and water conservation district.
(P) To develop timber harvest plans;
(Q) To determine whether timber harvest plans developed under division (A) of section 1503.52 of the Revised Code comply with the standards established under division (A)(1) of section 1503.51 of the Revised Code and to approve or disapprove the plans based on such compliance. If a timber harvest plan is disapproved, the board shall provide a written explanation to the person who submitted the plan. The person may appeal the plan disapproval to the chief of the division of forestry or the chief's designee, who shall afford the person a hearing. Following the hearing, the chief or the chief's designee shall uphold the plan disapproval or reverse it. If the chief or the chief's designee reverses the plan disapproval, the plan shall be deemed approved under this division.
(R) With regard to composting conducted in conjunction with agricultural operations, to do all of the following:
(1) Upon request or upon their own initiative, inspect composting at any such operation to determine whether the composting is being conducted in accordance with section 939.04 of the Revised Code;
(2) If the board determines that composting is not being so conducted, request the director to take corrective actions under section 939.07 of the Revised Code that require the person who is conducting the composting to prepare a composting plan in accordance with rules adopted under division (E)(5)(a) of section 939.02 of the Revised Code and to operate in accordance with that plan or to operate in accordance with a previously prepared plan, as applicable;
(3) In accordance with rules adopted under division (E)(5)(b) of section 939.02 of the Revised Code, review and approve or disapprove any such composting plan. If a plan is disapproved, the board shall provide a written explanation to the person who submitted the plan.
As used in division (R) of this section, "composting" has the same meaning as in section 939.01 of the Revised Code.
(S) With regard to conservation activities that are conducted in conjunction with agricultural operations, to assist the county auditor, upon request, in determining whether a conservation activity is a conservation practice for purposes of Chapter 929. or sections 5713.30 to 5713.37 and 5715.01 of the Revised Code.
As used in this division, "conservation practice" has the same meaning as in section 5713.30 of the Revised Code.
(T) To develop and approve or disapprove voluntary nutrient management plans in accordance with section 905.323 of the Revised Code;
(U) To do all acts necessary or proper to carry out the powers granted in this chapter.
The director shall make recommendations to reduce the adverse environmental effects of each project that a soil and water conservation district plans to undertake under division (A), (B), (C), or (D) of this section and that will be funded in whole or in part by moneys authorized under section 940.17 of the Revised Code and shall disapprove any such project that the director finds will adversely affect the environment without equal or greater benefit to the public. The director's disapproval or recommendations, upon the request of the district filed in accordance with rules adopted by the Ohio soil and water conservation commission, shall be reviewed by the commission, which may confirm the director's decision, modify it, or add recommendations to or approve a project the director has disapproved.
Any instrument by which real property is acquired pursuant to this section shall identify the agency of the state that has the use and benefit of the real property as specified in section 5301.012 of the Revised Code.
Sec. 940.07. (A) As used in this section:
(1) "Judgment" includes a consent judgment.
(2) "Tort action" means a civil action for damages for injury, death, or loss to person or property, other than a civil action for damages for a breach of contract or another agreement between persons.
(B) Except as provided in divisions (C) and (D) of this section, the provisions of Chapter 2744. of the Revised Code apply to soil and water conservation districts as political subdivisions of the state and to their boards of supervisors and other officers, employees, and agents as employees of political subdivisions of the state.
(C)(1) The attorney general, an assistant attorney general, or special counsel appointed by the attorney general shall defend a soil and water conservation district in any tort action that is commenced against the district as a political subdivision of the state under or pursuant to Chapter 2744. of the Revised Code, if a written request for the legal representation is submitted to the attorney general by the Ohio soil and water conservation commission. If a request is so submitted, the prosecuting attorney of the county associated with the district does not have legal representation duties in connection with the tort action under section 940.13 of the Revised Code.
(2) The attorney general, an assistant attorney general, or special counsel appointed by the attorney general shall defend a supervisor or other officer, employee, or agent of a soil and water conservation district in any tort action that is commenced against that person and based upon an action or omission allegedly associated with that person's employment or official responsibilities for the district, if both of the following apply:
(a) At the time of the action or omission, the person was not acting manifestly outside the scope of the person's employment or official responsibilities for the district or acting with malicious purpose, in bad faith, or in a wanton or reckless manner;
(b) A written request for the legal representation is submitted to the attorney general by the Ohio soil and water conservation commission.
(3) If a request for legal representation is submitted to the attorney general pursuant to division (C)(2) of this section, divisions (A) and (D) of section 2744.07 of the Revised Code do not apply to the soil and water conservation district and the defense of its supervisor or other officer, employee, or agent.
(D)(1) The state shall indemnify and hold harmless a soil and water conservation district as follows:
(a) In the amount of any judgment that is rendered against the district in a tort action that is commenced under or pursuant to Chapter 2744. of the Revised Code;
(b) In the amount of any settlement of a tort action against the district as described in division (D)(1)(a) of this section, or of a claim for damages for injury, death, or loss to person or property that could become a basis of a tort action against the district as described in division (D)(1)(a) of this section.
(2) The state shall indemnify and hold harmless a supervisor or other officer, employee, or agent of a soil and water conservation district as follows:
(a) Subject to the limitations specified in division (D)(3) of this section, in the amount of any judgment that is rendered against that person in a tort action based upon an action or omission allegedly associated with the person's employment or official responsibilities for the district;
(b) Subject to the limitations specified in division (D)(3) of this section, in the amount of any settlement of a tort action as described in division (D)(2)(a) of this section or of any settlement of a claim for damages for injury, death, or loss to person or property that could become a basis of a tort action as described in division (D)(2)(a) of this section.
(3)(a) The maximum aggregate amount of indemnification paid directly from state funds to or on behalf of any supervisor or other officer, employee, or agent of a soil and water conservation district pursuant to divisions (D)(2)(a) and (b) of this section shall be one million dollars per occurrence, regardless of the number of persons who suffer injury, death, or loss to person or property as a result of the action or omission of that person.
(b) An indemnification may be made pursuant to division (D)(2)(a) or (b) of this section only if, at the time of the action or omission, the supervisor or other officer, employee, or agent of a soil and water conservation district was not acting manifestly outside the scope of the supervisor's or other officer's, employee's, or agent's employment or official responsibilities for the district or acting with malicious purpose, in bad faith, or in a wanton or reckless manner.
(c) An indemnification shall not be made pursuant to division (D)(2)(a) or (b) of this section for any portion of a consent judgment or settlement that is unreasonable or for any portion of a judgment that represents punitive or exemplary damages.
(4) Division (B) of section 2744.07 of the Revised Code does not apply to a soil and water conservation district, or to any of its supervisors or other officers, employees, or agents, to the extent that division (D) of this section requires the state to indemnify and hold harmless a supervisor or other officer, employee, or agent of that district.
Sec. 940.08. The
board
of supervisors
of a soil and water conservation district may employ assistants and
such other employees as they
consider it
considers necessary
and may provide for the payment of the reasonable compensation of
such assistants and employees and expenses incurred by them in the
discharge of their duties from the special fund established for the
district pursuant to section 940.12 of the Revised Code.
District employees are entitled to the sick leave benefits that are provided in section 124.38 of the Revised Code and the vacation leave benefits that are provided in section 325.19 of the Revised Code and are entitled to participate in the sick leave donation program established under section 940.09 of the Revised Code.
The
supervisors
board
may
designate the amounts and forms of
other benefits, including insurance protection, to be provided to
employees and may make payments of benefits from the district
fund that is created with moneys accepted by the supervisors in
accordance with division (E) of section 940.06 of the Revised Code or
from the special fund created pursuant to section
940.12 of the Revised Code. The board of county commissioners may
make payments of benefits that are provided under this section.
The
board
of supervisors
may purchase such materials, equipment, and supplies, may lease such
equipment, and may rent, purchase, or construct, and maintain, such
offices, and provide for such equipment and supplies therefor, as
they
consider it
considers necessary
and may pay for the same from the special fund established for the
district pursuant to section 940.12 of the Revised Code.
Sec. 940.10. (A)
When the board
of supervisors
of a soil and water conservation district find, by resolution, that
the district has personal property, including motor vehicles acquired
for the use of district officers, road machinery, equipment, tools,
or supplies, that is not needed for public use, or is obsolete or
unfit for the use for which it was acquired, the supervisors
board
may
sell such property at public auction or by sealed bid to the highest
bidder,.
The board may sell the property
after
giving at least ten days' notice of the time, place, and manner of
sale by posting a typewritten or printed notice in the office of the
board of county commissioners. If the fair market value of the
property to be sold pursuant to this division is, in the opinion of
the
board
of
supervisors,
in excess of two thousand dollars, notice of the time, place, and
manner of the sale shall also be published in a newspaper of general
circulation in the district at least ten days
prior to such sale. The supervisors
board
may
authorize the sale of such personal property without advertisement or
public notification
and competitive bidding to the federal government, the state, or any
political subdivision of the state.
If
the supervisors
conduct board
conducts a
sale of personal property by sealed bid, the form of the bid shall be
as prescribed by the
supervisors
board,
and each bid shall contain the name of the person submitting it. Bids
received shall be opened and tabulated at the time stated in the
notice. The property shall be sold to the highest bidder, except that
the supervisors
board
may
reject all bids and hold another sale, by public auction or sealed
bid, in the manner prescribed by this section.
(B)
Where the
supervisors
find
board
finds,
by resolution, that the district has vehicles, equipment, or
machinery that is not needed, or is unfit for public use, and the
supervisors
desire board
desires to
sell such vehicles, equipment, or machinery to the person or firm
from which they
propose it
proposes to
purchase other vehicles, equipment, or machinery, the supervisors
board
may
offer to sell
do
both of the following:
(1)
Sell the
vehicles, equipment, or machinery to such person or firm,;
and
to
have
(2) Have such selling price credited to the person or firm against the purchase price of other vehicles, equipment, or machinery.
(C)
Where the supervisors
advertise board
advertises for
bids for the sale of new vehicles, equipment, or machinery to the
district, they
it
may
include in the same advertisement a notice
of their
its
willingness
to accept
do
both of the following:
(1)
Accept bids
for the purchase of district-owned vehicles, equipment, or machinery
that is obsolete or not needed for
public use,;
and
to
have
(2) Have the amount of such bids subtracted from the selling price of the other vehicles, equipment, or machinery as a means of determining the lowest responsible bidder.
Sec. 940.11. (A)
Not later than three months after
the
effective date of this amendment
November
2, 2018,
the
board
of
supervisors
of a soil and water conservation district that hold a credit card
account on
the
effective date of this amendment
November
2, 2018,
shall
adopt a written policy for the use of credit card accounts.
Otherwise, the supervisors
board
shall
adopt a written policy before first holding a credit card account.
The policy shall include provisions addressing all of the following:
(1)
The supervisors
members
of the board or
positions authorized to use a credit card account;
(2) The types of expenses for which a credit card account may be used;
(3) The procedure for acquisition, use, and management of a credit card account and presentation instruments related to the account including cards and checks;
(4) The procedure for submitting itemized receipts to the fiscal agent or the fiscal agent's designee;
(5) The procedure for credit card issuance, credit card reissuance, credit card cancellation, and the process for reporting lost or stolen credit cards;
(6) The district's credit card account's maximum credit limit or limits;
(7) The actions or omissions by an officer or employee that qualify as misuse of a credit card account.
(B) The name of the soil and water conservation district shall appear on each presentation instrument related to the account including cards and checks.
(C)
If the fiscal agent of the district does not retain general
possession and control of the credit card account and presentation
instruments related to the account including cards and checks, the
supervisors
board
shall
appoint a compliance officer to perform the duties enumerated under
division (D) of this section. The compliance officer may not use a
credit card account and may not authorize a supervisor
board
member or
employee to use a credit card account. The fiscal agent is not
eligible for appointment as compliance officer.
(D)
The compliance officer, if applicable, and the supervisors
board
at
least quarterly shall review the number of cards and accounts issued,
the number of active cards and accounts issued, the cards' and
accounts' expiration dates, and the cards' and accounts' credit
limits.
(E)
If the fiscal agent retains general possession and control of the
credit card account and presentation instruments related to the
account including cards and checks, and the supervisors
board
authorize
a supervisor
board
member or
employee to use a credit card, the fiscal agent may use a system to
sign out credit cards to the authorized users. The supervisor
board
member or
employee is liable in person and upon any official bond the
supervisor
member
or
employee has given to the district
to reimburse the district treasury the amount for which the
supervisor
member
or
employee does not provide itemized receipts in accordance with the
policy described in division (A) of
this section.
(F)
The use of a credit card account for expenses beyond those authorized
by the supervisors
board
constitutes
misuse of a credit card account. A supervisor
board
member or
employee of a soil and water conservation district or a public
servant as defined under section 2921.01 of the Revised Code who
knowingly misuses a credit card account held on behalf of a soil and
water conservation district violates section 2913.21 of the Revised
Code.
(G)
The fiscal agent or the fiscal agent's designee annually shall file a
report with the supervisors
board
detailing
all rewards received based on the use of the soil and water
conservation district's credit card account.
(H) As used in this section, "credit card account" means any bank-issued credit card account, store-issued credit card account, financial institution-issued credit card account, financial depository-issued credit card account, affinity credit card account, or any other card account allowing the holder to purchase goods or services on credit or to transact with the account, and any debit or gift card account related to the receipt of grant moneys. "Credit card account" does not include a procurement card account, gasoline or telephone credit card account, or any other card account where merchant category codes are in place as a system of control for use of the card account.
Sec. 940.12. The board of county commissioners of each county in which there is a soil and water conservation district may levy a tax within the ten-mill limitation and may appropriate money from the proceeds of the levy or from the general fund of the county. The money shall be held in a special fund for the credit of the district, to be expended for the purposes prescribed in section 940.08 of the Revised Code or under the policy adopted under section 940.11 of the Revised Code, for construction and maintenance of improvements by the district, and for other expenses incurred in carrying out the program of the district upon the written order of the fiscal agent for the district after authorization by a majority of the board of supervisors of the district.
Sec. 940.13. (A)
The
prosecuting attorney of a county in which there is a soil and water
conservation district shall
be is
the
legal adviser of the district. The prosecuting attorney shall
be is
the
legal counsel of such district in all civil actions brought by or
against it and shall conduct all such actions in the prosecuting
attorney's official capacity. The
board
of
supervisors
of a district may also employ
such attorneys as may be necessary or desirable in the operations of
the district.
(B) The prosecuting attorney of a lead county that is represented on a joint board of supervisors created under section 940.34 of the Revised Code is the legal advisor of the joint board in all civil actions brought by or against the joint board. The prosecuting attorney shall conduct all such actions in the prosecuting attorney's official capacity. The joint board may employ other attorneys as may be necessary or desirable in the operations of the joint board.
Sec. 940.19. (A)
An
owner of land that is located in a soil
and water conservation district may file a petition with the board
of supervisors
of the district requesting the construction
of a conservation work of improvement.
Upon the receipt of such a petition, the supervisors shall make a
preliminary determination to accept or reject the petition.
A
petition may be rejected if the supervisors determine.
Prior to filing a petition, the petitioner shall consult with the
district to discuss the proposed drainage improvement and to
determine the proper forms and procedures for filing the petition.
(B) The petition shall include all of the following:
(1) A statement of the nature of the work for which a petition is filed, including locating, cleaning, removing obstructions from, constructing, reconstructing, straightening, deepening, widening, altering, boxing, tiling, filling, walling, or arching any ditch, drain, watercourse, floodway, creek, run, or river; changing the course, location, or terminus thereof; or constructing a levee, wall, embankment, jetty, dike, dam, sluice, revetment, reservoir, holding basin, control gate, breakwater, or other structure for the control of water;
(2) A description, including location, of the course and termini of the proposed improvement and the branches, spurs, or laterals, if any are petitioned for;
(3) A statement that the construction of the improvement is necessary and will benefit the petitioner; and
(4) A statement that all costs of engineering, construction, and future maintenance will be assessed to the benefiting parcels of land.
(C) The board shall make a preliminary determination to accept or reject the petition at the board's next scheduled meeting.
(D)(1) The board may reject the petition for any of the following reasons:
(a)
The board determines
that
the information that it
the
petition contains
about the proposed improvement is insufficient to enable the
supervisors
board
to
proceed with the petition under this chapter
or
if the .
(b)
The petition
appears to be frivolous.
The supervisors also may reject a petition on the grounds that the .
(c)
The district
lacks sufficient staff or other resources to proceed with the
improvement in accordance with this chapter. If
(2)
If the
supervisors
reject a board
rejects the petition,
they
it
shall
notify the petitioner in
writing of
the reasons for the rejection. A
The
petitioner may amend a petition
that was
is
rejected
due to insufficient information may
be supplemented with additional information and
filed
again
may
subsequently file the amended petition with the board.
(E)
If
the supervisors
accept a board
accepts the petition
for a proposed improvement, they
the
board shall
establish
do
both of the following:
(1)
Establish a
date and time for a view of the proposed improvement,
which .
The date
shall be not fewer than twenty-five
thirty
nor
more than ninety days after the date on which the petition was
filed
accepted.
The supervisors
board
shall
designate a convenient place
near the proposed improvement location
at
which the view shall
start
occur.
Upon
receipt of a petition, the supervisors also shall establish (2)
Establish a
date and time on and at which and designate a location at which they
the
board will
hold a hearing on
the proposed improvement. The hearing shall occur not later
fewer
than
thirty
nor more than ninety
days after the date established
for the view.
(F) If a petitioner proposes an improvement that would be located in two or more adjoining soil and water conservation districts, the board of supervisors that receives the petition shall provide notice of the petition to the board of supervisors of each other county in which the proposed improvement would be located. The boards then shall create a joint board of supervisors under section 940.34 of the Revised Code and proceed in accordance with that section.
Sec. 940.20. As
soon as the supervisors of a soil and water conservation district
have established the dates, times, and locations of the view and the
hearing concerning a proposed improvement, they shall send, at (A)
At least
twenty
twenty-one
days
prior to the date established for the view, the
board of supervisors of a soil and water conservation district shall
send a
written notice of the view and the hearing to the
all
landowners
within the area to be benefited by the proposed improvement and to
the board of county commissioners and the county engineer. The
board shall ensure that the notice contains all of the following:
(1) The date, time, and location for the view and the subsequent hearing;
(2) A description of the proposed improvement and its location as stated in the petition, a map indicating the location of the proposed improvement or information on where to access the map, and an explanation of how to obtain additional information or ask questions about the proposed improvement;
(3) A statement that all costs of engineering, construction, and future maintenance will be assessed to the benefiting parcels of land;
(4) A statement that a landowner may file, not more than twenty-one days after the date of the view, an amendment to the original petition that expands the length of the proposed improvement, provided that the amendment does not expand the area to be benefited by the proposed improvement;
(5) A statement that any landowner receiving the notice may comment on the proposed improvement in writing before or in person at the hearing on the petition;
(6) The address at which to file an amendment to the petition or submit written comments on the proposed improvement.
(B)
The
supervisors
board
shall
notify all landowners that are adjacent to the proposed improvement
either by certified mail or, if the supervisors
have board
has record
of an internet identifier of record associated with such a landowner,
by ordinary mail and by that internet identifier of record, and shall
notify all others by certified mail or first class mailings. Any
such The
written
notice shall have the words "Legal Notice" printed in plain
view on the face of the envelope or, in the case of service by an
internet identifier of record, in conspicuous typeface at the top of
the notice. In
addition, the supervisors
(C)
The board shall
invite to the view and the hearing the staff of the soil and water
conservation
district and the staff of the natural resources conservation service
in the United States
department of agriculture that is involved with the district together
with any other people that the supervisors
consider
board
considers to
be necessary to the proceedings.
(D) As used in this section, "internet identifier of record" has the same meaning as in section 9.312 of the Revised Code.
Sec. 940.21. (A)
On
the date established for the view of a proposed improvement, the
board
of supervisors
of a soil and water conservation district or
its designee shall
meet
at the designated location near the proposed improvement at the
established time. At that time, they shall hear proof of the need for
the proposed improvement offered by any landowner that is affected by
it.
The
supervisors shall view the area in which the proposed improvement is
to be constructed. If the proposed improvement is a ditch, the view
shall include the line of the proposed ditch and each branch,
lateral, or spur of the ditch that is mentioned in the petition. If
present
an overview of the proposed improvement. In the presentation, the
board or its designee shall use methods and means that the board
determines will adequately inform those attending the view about the
proposed improvement's location and the drainage issues intended to
be addressed by the proposed improvement.
(B)
Upon the request made at the view of a member of the board or of a
landowner in the area to be benefited by the proposed improvement,
the board or its designee shall recess the view and reconvene at a
site along the proposed improvement for the purpose of gaining
additional information about the drainage issue intended to be
addressed by the proposed improvement. If the
area to be viewed is extensive, the supervisors
board
or its designee
may
conduct the view on more than one day and may adjourn from day to
day, or a longer period, until the view is completed.
Sec. 940.22. (A)
Upon
acceptance of a petition requesting the
construction of an improvement, the board
of supervisors
of a soil and water conservation district shall begin to prepare,
as a guide to the board of county commissioners and the petitioners,
a
preliminary report regarding the proposed improvement. The
supervisors
board
shall
present the completed preliminary report at the hearing that is held
on the proposed improvement.
(B)
The
board
shall ensure that the preliminary
report shall
include a includes
all of the following:
(1)
A preliminary
estimate of the
cost,
comments
of
construction for the proposed improvement;
(2)
Comments on
the feasibility of the project,
and a proposed
improvement;
(3)
A statement
of the
supervisors'
board's
opinion
as to whether the benefits from the project
proposed
improvement are
likely to exceed the estimated cost.
The preliminary report shall identify;
(4)
A list of all
factors
that
are apparent to the supervisors
identified
by the board,
both favorable and unfavorable to the proposed improvement, so that
the petitioners may be informed concerning what is involved with the
construction of the proposed
improvement.
(C)
In
addition to reporting
preparing
a preliminary report on
the improvement as petitioned, the supervisors
board
may
submit alternate proposals to accomplish the intent of the petition.
The
(D)
The preliminary
report and all alternate proposals shall be reviewed and receive
concurrence from an engineer who is employed by the department of
agriculture or by the natural resources
conservation service in the United States department of agriculture
and who is responsible for
providing technical assistance to the district or from any other
registered professional engineer whom
selected
by the
board
of supervisors
choose.
Sec. 940.23. (A)
On
the date and at the time established by
the board of supervisors for
the hearing on a petition for a proposed improvement, the supervisors
of a soil and water conservation district board
shall
conduct the hearing.
Prior
to the hearing, landowners affected by the proposed improvement may
file objections to it with the supervisors, and at the hearing the
supervisors shall hear any objections so filed. In addition
At
the hearing,
the supervisors
board
shall
present
their do
both of the following:
(1)
Present the board's preliminary
report on the proposed improvement
and
shall hear;
(2)
Hear any
comments
or evidence
offered by any landowner for or against construction
of the
proposed improvement. If
(B)
If necessary,
the hearing
may occur on more than one day and may be adjourned from day to day
or for a longer time that board
may recess and continue the hearing on subsequent days as may
be reasonable to
consider additional information about the proposed improvement or so
that all interested landowners may have an opportunity to be
heard in favor of or in opposition to comment
on the
proposed improvement.
(C) At the conclusion of the hearing, the board shall vote to decide whether to proceed with a project survey and design or to dismiss the petition. In making its decision, the board shall take into consideration all of the following:
(1) The petition;
(2) The preliminary report;
(3) Comments on the proposed improvement;
(4) The protection of environmentally significant areas when those areas could be adversely affected by the construction of the proposed improvement and, if necessary, alternative plans providing for that protection and for construction of the proposed improvement.
(D) The board may proceed with the project survey and design for a proposed improvement if both of the following apply:
(1) The board finds that a proposed improvement is necessary and is conducive to the public welfare.
(2) The board is reasonably certain that the benefits of the proposed improvement will outweigh its costs.
Sec. 940.26
940.24. Upon
approval by After
a vote of the
board
of supervisors
of a soil and water conservation district of
a petition to
proceed with a project survey and design for
a proposed improvement, the supervisors
board
or
their
its
designee
shall conduct all necessary surveys for the proposed improvement. In
addition, the supervisors
board
or
their
its
designee
shall prepare plans for constructing the improvement
and shall prepare maps showing the location of the land that is
proposed to be assessed in accordance with section 940.33 of the
Revised Code for the improvement.
The
supervisors or their designee shall prepare specifications .
The plans shall include all of the following:
(A)
Specifications for
construction of the improvement
and
shall
specify dimensions;
(B)
Dimensions of
any temporary easement that is necessary for construction purposes.
In addition, the supervisors or their designee shall make estimates
of the cost of material and any excavation
costs. The construction of the improvement may be divided into
construction areas if that would be expedient.;
(C)
In
the case of an improvement that is a ditch or similar structure for
the disposal of water, the
specifications for its construction that the supervisors or their
designee must prepare shall provide for spreading provisions
for all of the following:
(1)
Spreading and
leveling of spoil banks
and
shall provide for erosion;
(2)
Erosion and
sediment control through the establishment of a sod or seeded strip
or
other such controls if suitable vegetative cover is not present. With
regard to sod or seeded strips, the board shall ensure that the plan
provides that such strips will be not
fewer than four
ten
feet
nor more than fifteen feet wide, measured at right angles to the top
of the ditch bank on both sides of the ditch,
except where suitable vegetative cover exists.
The
strip Sod
or seeded strips or
other such controls shall
be are
considered
to
be part
of the permanent improvement. Sod
The
board or its designee shall report to the county auditor the total
acreage of sod or
seeded strips
or
other such controls
that
are established and maintained
in excess
of four feet shall be compensated for by their
removal accordance
with this chapter. The county auditor shall remove the total acreage
of sod or seeded strips or other such controls from
the taxable valuation of the property of which they are a part.
The
supervisors or their designee shall make note (D)
An analysis of
all fences, floodgates, culverts, bridges, and other structures that
will be removed or adjusted in constructing the improvement.
The supervisors or their designee also shall make note;
(E)
An analysis
of
any gates that need to be installed in existing fences in order to
provide access to the improvement for maintenance purposes. The plan
shall require gates
shall
to
be
locked when requested by the owner of the fence
and
shall be considered to be a .
Gates are part
of the original improvement and subject to maintenance along with the
improvement.
The
supervisors shall submit the plans, specifications, and other
information prepared in accordance with this section to the board of
county commissioners of each county in which the proposed improvement
is to be located.
Sec. 940.25. (A) After preparing the project survey, design, and plans for constructing the proposed improvement, the board of supervisors of a soil and water conservation district shall prepare a schedule of damages as part of the estimate of the total cost of constructing the proposed improvement.
(B) The schedule of damages shall include both of the following:
(1) An estimate of the value of land or other property necessary to be acquired through purchase or voluntary transfer or appropriated in accordance with sections 163.01 to 163.62 of the Revised Code and a description of that land or other property;
(2) An estimate of the total damages to be sustained by any landowner as a result of the construction and subsequent maintenance of a proposed improvement, along with the name and address of each landowner that is alleged to be damaged, the amount of each landowner's estimated damages, and an explanation of each landowner's damages.
Sec. 940.26. After preparing a schedule of damages, the board of supervisors of a soil and water conservation district or its designee shall make an estimate of the cost of the proposed improvement. The estimate shall include all of the following:
(A) Actual construction costs, including costs of addressing the construction specifications set forth in section 940.24 of the Revised Code;
(B) The estimated costs included in the schedule of damages prepared under section 940.25 of the Revised Code;
(C) Any expenses incurred in investigations, consulting services, and notifications related to the proposed improvement, and any other incidental costs.
Sec. 940.27. (A) After preparing an estimate of the cost of a proposed improvement, the board of supervisors of a soil and water conservation district or its designee shall prepare a schedule of estimated assessments on land within the area that will be benefited by a proposed improvement. The board shall include in the schedule the name and address of each landowner whose parcel of land will be benefited by the proposed improvement and a description of each landowner's parcel. The board shall obtain the names and addresses from the tax duplicates of the county. The board shall obtain the descriptions from the county recorder's office. For purposes of the description the county recorder shall not require a metes and bounds survey.
(B) In determining the estimated assessment on a parcel of land, the board or its designee shall do both of the following:
(1) Use the information compiled in accordance with sections 940.24 to 940.26 of the Revised Code;
(2) Consider, and incorporate when applicable, the following factors in the calculations:
(a) Acreage of the parcel;
(b) Volume of water produced by the parcel;
(c) Distance of the parcel from the proposed improvement;
(d) Percentage of the proposed improvement to be used by the parcel;
(e) The construction of works that are determined to solely benefit the particular parcel;
(f) Soil types of the parcel;
(g) The county auditor's land value or current agricultural use value, if applicable, of the parcel;
(h) Existing drainage infrastructure that can be incorporated into the proposed improvement and associated cost savings;
(i) Any other factors pertinent to the proposed improvement and the watershed that will be affected by the proposed improvement;
(j) Any benefits as defined in section 6131.01 of the Revised Code.
(C) Unless the board determines for good cause that a lower amount is appropriate, the board shall not establish an estimated assessment for a parcel of land in an amount less than twenty-five dollars, including the cost of preparing and mailing the notice required under section 940.32 of the Revised Code. If a dwelling is located on a lot that comprises two or more contiguous parcels of land, the board may establish an estimated assessment of not less than twenty-five dollars for all of the parcels, including the cost of preparing and mailing the notice required under section 940.32 of the Revised Code.
(D) The board shall ensure that the total of the estimated assessments, including the total estimated assessments allocated to public corporations and the state, is not greater than the estimated cost of the proposed improvement.
Sec. 940.28. After a board of supervisors of a soil and water conservation district completes the schedule of estimated assessments, the board shall submit the petition, preliminary report, surveys, plans, specifications, schedule of damages, cost estimates, estimated assessments, and any other information obtained or prepared for the petition to the board of county commissioners of the county in which the proposed improvement is to be located.
Sec. 940.29. (A) Upon receiving the information submitted by a board of supervisors of a soil and water conservation district under section 940.28 of the Revised Code, the board of county commissioners shall establish the date, time, and location of a hearing regarding the proposed improvement.
(B) At least twenty-one days prior to the date established for the hearing, the clerk of the board of county commissioners shall send a written notice of the hearing by certified mail to all landowners that are adjacent to the proposed improvement. The clerk shall send such notice by certified or first class mail to all other landowners within the area to be benefited by the proposed improvement, the board of supervisors of the applicable soil and water conservation district, and the county engineer. The clerk shall include all of the following in the notice:
(1) The date, time, and location of the hearing;
(2) A description of any easement on the landowner's property that is necessary for purposes of the improvement;
(3) A landowner's estimated assessment;
(4) A statement that a landowner may file comments on the proposed improvement and exceptions to the estimated assessment in writing before the hearing or in person at the hearing;
(5) The address at which to submit written comments on the proposed improvement and exceptions to the estimated assessment.
(C) The clerk shall include printed words in plain view on the envelope containing the notice that read "Legal Notice of Proposed Drainage Improvement."
Sec. 940.30. (A) On the date established for the hearing, the board of county commissioners shall conduct the hearing by doing both of the following:
(1) Presenting the project design, construction plans, schedule of damages, cost estimates, and estimated assessments for the proposed improvement as submitted by the board of supervisors of the applicable soil and water conservation district;
(2) Hear any comments offered by any landowner regarding the estimated assessments and proposed improvement.
(B) If necessary, the board of county commissioners may adjourn and continue the hearing on subsequent days as may be reasonable to consider additional information about the proposed improvement, make changes that will better accomplish the purpose and object of the proposed improvement, or allow all interested landowners to have an opportunity to comment on the proposed improvement.
Sec. 940.29
940.31. Upon
receipt of a certification under section 940.25 of the Revised Code,
the board of county commissioners shall, within sixty days, approve
or disapprove construction of the improvement. If a board disapproves
construction of the improvement, the supervisors may revise the plan
for the improvement and again proceed under section 940.25 of the
Revised Code. If the board of county commissioners of each county
containing any of the territory included in the project area approves
construction of the improvement, the board, or if there is more than
one such county, the
joint board formed under section 940.31 of the Revised Code, has in
addition to its other powers, the powers of a soil and water
conservation district granted by division (C) of section 940.06 of
the Revised Code.
When
considering whether to approve or disapprove construction of an
improvement, the board shall consider all of the following factors:
(A)
The cost of location and construction;
(B)
The compensation for land or other property that must be taken;
(C)
The benefits to the public welfare;
(D)
The benefits to land, public corporations, and the state
needing the improvement;
(E)
In the case of an improvement involving the drainage of water, the
effect on land below the improvement that may be caused by
constructing the improvement and the sufficiency or insufficiency of
the outlet that receives flow from the improvement;
(F)
Any other proper matter that will assist the board in approving or
disapproving construction of the improvement.
(A) At the conclusion of the hearing conducted under section 940.30 of the Revised Code, the board of county commissioners shall vote to approve or dismiss the petition.
(B) The board may approve the petition if the board is reasonably certain that:
(1) The benefits of the proposed improvement outweigh the costs.
(2) The proposed improvement is necessary.
(3) The proposed improvement will be conducive to the public welfare.
(4) The proposed route and mode of construction of the improvement will improve water management and development in the county in which the district is located to the advantage of lands located in it.
(5) The proposed improvement will aid lands in the area by promoting the economic, environmental, or social development of the area.
(C)
When,
in the opinion of the board of county commissioners, it is necessary
for the board to acquire real property
or a right-of-way or other easement for a
conservation works of an
improvement
project
under
this chapter, the board may
make the acquisition through purchase or voluntary transfer, or the
board may
appropriate the real property or right-of-way or other easement in
accordance with sections 163.01 to 163.62 of the Revised Code.
(D)
If
the board approves construction
of the a
petition for an improvement,
the county engineer shall file with the county recorder a
all
of the following:
(1)
A property
plat showing the general
landowners
of record and parcel numbers along the improvement;
(2)
The
location
of the improvement
and
a statement describing the dimensions;
(3) The width of any permanent easement that is necessary for maintenance of the improvement granted in section 6137.12 of the Revised Code;
(4) An affidavit listing the landowners of record, complete property descriptions, and parcel numbers subject to the permanent easement. The county engineer shall note the property plat in the affidavit.
The
county engineer shall include the permanent easement in the county's
geographic information systems or other mapping system, if available.
In
In
the
case of an improvement that is an open ditch, provisions
that govern the permanent easement for maintenance of the ditch that
are established in section 6137.12 of the Revised Code shall
apply.
(E)
A
board of
county commissioners shall
follow competitive
bidding requirements in sections
307.86 to 307.91 of the Revised Code,
except that
in
constructing an improvement. However,
the
board may designate the board of supervisors of
a soil and water conservation district as
the contracting agency
and
it .
The board of supervisors shall
follow division (H) of section 940.06 of the Revised Code,
or except that if .
If the
improvement is being undertaken through the joint efforts and
cooperation of the board of county commissioners or board of
supervisors and another state or federal agency, and if the state or
federal regulations or procedures are in conflict with those sections
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 of county commissioners or
board of supervisors may adopt the state or federal regulations or
procedures in those areas where conflict exists and proceed with the
improvement in accordance with the requirements of the state or
federal regulations or procedures.
(F) If a board of county commissioners does not approve a petition for a proposed improvement, the applicable board of supervisors may revise the proposed improvement and submit the revision to the board of county commissioners for reconsideration of the petition.
Sec. 940.33
940.32. (A)
Following
receipt of a certification made by the supervisors of a soil and
water conservation district pursuant to section 940.25 of the Revised
Code together with receipt of all plans, specifications, and
estimates submitted under that section and upon completion of a
schedule of estimated assessments in accordance with section 940.30
of the Revised Code, If
the
board of county commissioners may
approves
a petition under section 940.31 of the Revised Code, the board shall
adopt
a resolution levying upon the property within the project
area
an
to
be benefited by an improvement a uniform or varied assessment
at
a uniform or varied rate
based
upon the benefit to the area certified by the supervisors, as
necessary to pay the cost of construction of the improvement not
otherwise funded and to repay advances made for purposes of the
improvement from the fund created by section 940.16 of the Revised
Code.
In adopting the resolution, the board shall take into consideration
the estimated assessments prepared by the board of supervisors of the
soil and water conservation district under section 940.27 of the
Revised Code.
The
board of county commissioners shall direct the person or authority
preparing assessments to give primary consideration, in determining a
parcel's estimated assessments relating to the disposal of water, to
the potential increase in productivity that the parcel may experience
as a result of the improvement and also to give consideration to the
amount of water disposed of, the location of the property relative to
the project, the value of the project to the watershed, and benefits.
The part of the assessment that is found to benefit state, county, or
township roads or highways or municipal streets shall be assessed
against the state, county, township, or municipal corporation,
respectively, payable from motor vehicle revenues. The part of the
assessment that is found to benefit property owned by any public
corporation, any political subdivision of the state, or the state
shall be assessed against the public corporation, the political
subdivision, or the state and shall be paid out of the general funds
or motor vehicle revenues of the public corporation, the political
subdivision of the state, or the state, except as otherwise provided
by law.
(B)
The assessment shall be certified to the county auditor
and by the county auditor to the county treasurer. The collection of
the assessment shall conform in all matters to Chapter 323. of the
Revised Code.
(C)
Any land owned and managed by the department of natural resources for
wildlife, recreation, nature preserve, or forestry purposes is exempt
from assessments if the director of natural resources determines that
the land derives no benefit from the improvement. In making such a
determination, the director shall consider the purposes for which the
land is owned and managed and any relevant articles of dedication or
existing management plans for the land. If the director determines
that the land derives no benefit from the improvement, the director
shall notify the board of county commissioners, within thirty days
after receiving the assessment notification required by this section,
indicating that the director has determined that the land is to be
exempt and explaining the specific reason for making this
determination. The board of county commissioners, within thirty days
after receiving the director's exemption notification, may appeal the
determination to the court of common pleas. If the court of common
pleas finds in favor of the board of county commissioners, the
department of natural resources shall pay all court costs and legal
fees.
(D)(1)
(B)
The
board of
county commissioners shall
give notice by first class mail to every public and private property
owner whose property is subject to assessment, at the tax mailing
or other known address of the owner. The notice shall contain
a
all
of the following:
(1)
A statement
of the amount to be assessed against the property of the addressee,
a;
(2)
A description
of the method used to determine the necessity
for and the amount of the proposed assessment,
a;
(3)
A description
of any easement on the property that is necessary for purposes of the
improvement,
and a statement that the addressee may file an objection in writing
at the office of the board of county commissioners within thirty days
after the mailing of notice. If;
(4) A statement that an owner may file written exceptions to the amount of the assessments with the clerk of the board of county commissioners within thirty days of the date of the notice.
(C)
If the
residence of any owner cannot be ascertained, or if any mailed notice
is returned undelivered, the board shall publish the notice to all
such owners in a newspaper of general circulation within the project
area
to
be benefited by the improvement,
once each week for three weeks or as provided in section 7.16 of the
Revised Code. The notice shall include the information contained in
the mailed notice,
but shall state that the owner may file an objection in writing at
the office of the board of county commissioners within thirty days
after the last publication of the notice.
(2)
Upon receipt of objections as provided in this section, the board
shall proceed within thirty days to hold a final hearing on the
objections by fixing a date and giving notice by first class mail to
the objectors at the address provided
in filing the objection. If any mailed notice is returned
undelivered, the board shall give due notice to the objectors in a
newspaper of general circulation in the project area or as provided
in section 7.16 of the Revised Code, stating the time, place, and
purpose of the hearing. Upon hearing the objectors, the board may
adopt a resolution amending and approving
the final schedule of assessments and shall enter it in the journal.
(3)
Any owner whose objection is not allowed may appeal within thirty
days to the court of common pleas of the county in which the property
is located.
(4)
The board of county commissioners shall make an order approving the
levying of the assessment
and shall proceed under section 6131.23 of the Revised Code after one
of the following has occurred, as applicable:
(a)
Final notice is provided by mail or publication.
(b)
The imposition of assessments is upheld in the final disposition of
an appeal that is filed pursuant to division (D)(3) of this section.
(c)
The resolution levying the assessments is approved in a referendum
that is held pursuant to section 305.31 of the Revised Code.
(5)
The (D)
If an owner files an exception to the estimated assessment, the
board, within thirty days of the date of the filing, shall establish
a date and time for hearing the exception to the estimated
assessments. The board may hear each owner's exception in an
individual hearing or hear all exceptions in a single hearing. Not
less than fourteen days prior to the hearing date, the clerk of the
board shall notify each
owner who filed an exception of the date and time of the owner's
exception hearing. Upon hearing the objector's exceptions, the board
may adopt a resolution amending and approving the final schedule of
estimated assessments and shall enter it in the journal.
If the board amends the final schedule of estimated assessments after hearing exceptions, the clerk of the board shall send by certified or first class mail a written notice of the revised final schedule of estimated assessments to all owners within the area to be benefited by the improvement. The notice shall contain both of the following:
(1) The amount of the final estimated assessment for the owner's property;
(2) A statement that an owner may appeal the final estimated assessment to the applicable court of common pleas pursuant to section 940.38 of the Revised Code within twenty-one days of the notice of final estimated assessment.
(E) The board shall certify the schedule of final estimated assessments to the county auditor, who shall certify the assessments to the county treasurer. The collection of the assessments shall be made in accordance with Chapter 323. of the Revised Code.
(F) The county treasurer shall deposit the proceeds of the assessment in the fund designated by the board and shall report to the county auditor the amount of money from the assessment that is collected by the treasurer. Moneys shall be expended from the fund for purposes of the improvement.
(E)
(G)
Any
moneys collected in excess of the amount needed for construction of
the improvement and the subsequent first
year's maintenance may be maintained in a fund to be used for
maintenance of the improvement. In any year subsequent to a year in
which an assessment for construction of an improvement levied under
this section has been collected, and upon determination by the board
of county commissioners that funds are not otherwise available for
maintenance or repair of the improvement,
the board shall levy on the property within the project
area
to
be benefited by the improvement an
assessment for maintenance at a uniform percentage of all
construction costs based upon the assessment schedule used in
determining the construction assessment. The assessment is not
subject to the provisions concerning notice and petition contained in
this section. An assessment for maintenance shall not be levied in
any year in which the unencumbered balance of funds available for
maintenance of the improvement exceeds twenty per cent of the cost of
construction of the improvement, except that the board may adjust the
level of assessment within the twenty per cent limitation, or suspend
temporarily the levying of an assessment, for maintenance purposes as
maintenance funds are needed.
(H) For the purpose of levying an assessment for maintenance of an improvement, a board may use the procedures established in Chapter 6137. of the Revised Code regarding maintenance of improvements as defined in section 6131.01 of the Revised Code in lieu of using the procedures established under this section.
(F)
(J)
The
board of county commissioners may issue bonds and notes as authorized
by section 131.23 or 133.17 of the Revised Code.
Sec. 940.34940.33.
(A)
A
board of county commissioners may declare by resolution that it is
necessary to levy a tax upon the property within the project
area
to
be benefited by an improvement in
order to pay the costs of the improvement not otherwise funded.
Such
The
resolution
shall specify the
all
of the following:
(1)
The rate
that it is necessary to levy,
the purpose thereof, and the;
(2) The purpose of the tax levy;
(3)
The number
of years during which such
the
increase
shall
be is
in
effect, which levy
may
include a
levy upon the duplicate of the
current year.
(B)
A
copy of the resolution shall be certified to the board of elections
for the county not less than ninety days before the general election
in any year and the board shall submit the proposal to the electors
within the project
area
to
be benefited by an improvement at
the succeeding November election in accordance with section 5705.25
of the Revised Code. For purposes of that section, the subdivision is
the project
area
to
be benefited by an improvement.
(C)
If
the per cent required for approval of a levy as set forth in section
5705.26 of the Revised Code vote in favor thereof, the board of
county commissioners may levy a tax within the project
area
to
be benefited by an improvement,
outside the ten-mill limitation, during the period and for the
purpose stated in the resolution, or at any less rate or for any less
number of years.
(D) The board may issue bonds and notes in anticipation of the collection of taxes levied under this section, and notes in anticipation of the issuance of bonds.
Sec. 940.34. (A) Upon receiving a petition pursuant to section 940.19 of the Revised Code for a proposed improvement that would be located in two or more adjoining soil and water conservation districts, the board of supervisors of the adjoining districts shall, with approval of the Ohio soil and water conservation commission, create a joint board of supervisors. Each district shall have the same number of supervisors on the joint board. However, if the membership of the joint board would be an even number, an additional supervisor from the lead county shall be designated.
(B) A joint board of supervisors shall exercise the same powers, execute the same duties, and follow the same procedures in connection with an improvement under this chapter as the board of supervisors of a single soil and water conservation district with the following conditions:
(1) For purposes of making a preliminary determination to accept or reject a petition in accordance with section 940.19 of the Revised Code, the joint board shall make the determination within sixty days of the approval of the creation of the joint board.
(2) For purposes of a petition, the joint board shall do both of the following:
(a) Send the petition and accompanying information to the board of county commissioners of the lead county; and
(b) Send notification of the need for the creation of a joint board of county commissioners under section 940.35 of the Revised Code to the board of county commissioners of each county in the area to be benefited by the proposed improvement.
(C) Upon the creation of a joint board of supervisors, the elected officials in the lead county, including the engineer, recorder, auditor, prosecutor, treasurer, judges, and clerk of the board of county commissioners, shall serve as the administrative officers for the joint board of supervisors.
Sec. 940.31
940.35. The
boards of county commissioners of all the counties containing any of
the territory included in the project area, if all such counties have
approved construction of an improvement under section 940.29 of the
Revised Code, are a joint board of county commissioners for the
improvement. (A)
If a proposed improvement would affect more than one county, the
board of county commissioners from each of the counties that would be
affected by the proposed improvement shall meet on a date fixed by
the clerk of the board of county commissioners of the lead county.
The boards shall meet in the lead county to organize a joint board of
county commissioners and elect a president, which shall be the first
order of business at the hearing.
(B)
A
joint board of county commissioners
may
do all the things that a board of county commissioners may do in
connection with the improvement and shall proceed as if it were a
board of county commissioners representing a county that included all
the territory within the project area
shall
exercise the same powers, execute the same duties, and follow the
same procedures in connection with an improvement under this chapter
as the board of county commissioners of a single county .
The
joint board may agree to apportion any cost of the improvement, or
expenses incurred in connection therewith, not paid by assessments or
taxes levied for the improvement, or funds other than county funds,
among the participating counties.
The
joint board shall elect one of its members president and
designate a clerk of one of the boards of county commissioners of the
participating counties as clerk of the joint board. A majority of the
county commissioners constituting the joint board constitutes a
quorum. All decisions of the joint board shall be made by a majority
vote of the county commissioners
constituting the joint board.
For
the purpose of bringing a referendum petition against a soil and
water conservation project under section 305.31 of the Revised Code,
a resolution adopted by a joint board of county commissioners shall
be considered to be a resolution adopted by the board of county
commissioners of each county in the project area. The electors of any
county in the project area may file a petition for referendum under
that section against a resolution adopted by the joint board of
county commissioners as if it had been adopted by the board of county
commissioners for that county. The referendum shall be conducted only
in the county in which the referendum petition was filed. The
electors of any county in the project area in which no referendum
petition was filed shall not be eligible to vote in the referendum,
and the outcome of a referendum shall have effect only in the county
in which the referendum was held. Any county in the project area in
which a referendum is not held remains subject to the provisions of
the resolution adopted by the joint board of county commissioners for
the soil and water conservation district.
(C) The clerk of the board of county commissioners of the lead county shall do all of the following:
(1) Act as clerk and administrator of the joint board;
(2) Enter the findings of the joint board in the journal of the board of county commissioners of the lead county;
(3) Make the final record of the improvement in the lead county;
(4) Provide copies of all proceedings to the clerks of the boards of all affected counties.
(D) 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 majority vote of the quorum present at a meeting of the joint board.
(E) The director of natural resources shall be an ex officio member of the joint board and may participate, in person or through a designated representative, in deliberations and proceedings of the joint board. The director shall have no vote on any proceedings of the joint board except in the case of a tie for or against an improvement. If the director or the director's designee is not present at the proceeding, the director shall review the proceedings and cast the deciding vote within thirty days of the proceeding. A failure to cast a vote for or against the improvement within thirty days constitutes an affirmative vote for the improvement. The clerk shall record the final resolution of the tie.
(F) Upon the creation of a joint board of county commissioners, the elected officials in the lead county, including the engineer, recorder, auditor, prosecutor, treasurer, judges, and clerk of the board of county commissioners, shall serve as the administrative officers for the joint board of county commissioners.
Sec. 940.32
940.36. The
county auditor and county treasurer of one of the counties
represented by a joint board of county commissioners under section
940.31 of the Revised Code, to be designated by the joint board,
shall ex officio become the fiscal agents of all the participating
counties. Such (A)
The auditor
of
the lead county shall
certify to the auditor of the other counties a schedule of any taxes
or assessments to be levied for the improvement, and the auditor of
such other county
immediately
shall proceed
forthwith to place
such tax or assessment upon the duplicates. Taxes or assessments so
certified for collection to an auditor of another county are a lien
on the land within such county from the date such certificate is
received by the auditor of such other county. The
(B)
The treasurer
of each county shall proceed
to collect
the
same any
taxes or assessments levied for the improvement pursuant
to the orders made in the proceedings of the joint board
of
county commissioners,
and such taxes or assessments when collected shall be paid to the
treasurer for the joint board. The
(C)
The auditor
and treasurer of
the lead county shall
receive and account for such
funds any
taxes or assessments levied for the improvement in
the same manner as they would for taxes or assessments collected
within their county. The treasurer and auditor of
the lead county with
their bondspersons are liable on their official bonds for any
misappropriation of such funds. All warrants for the payment of costs
in connection with the improvement shall be drawn by the auditor
designated
under this section
of
the lead county,
on the treasurer of the lead
county,
payable out of the fund designated by the joint board to receive
moneys for the improvement.
Sec. 940.35
940.37. The
board of county commissioners, or, if a joint board of county
commissioners has been created under section 940.31
940.35
of
the Revised Code, the joint board, shall maintain the works
of improvement improvements
constructed
by the board for a soil and water conservation district
under this chapter.
For that purpose, the board of
county commissioners or
joint board may use procedures and requirements established in
sections
6137.08 to 6137.14 Chapter
6137. of
the Revised Code and may contract with or authorize the board
of supervisors
or joint board of
supervisors of a soil and water conservation district to perform
maintenance of such works of improvement.
Sec. 940.38. Any affected landowner may appeal to the appropriate court of common pleas any action or determination of a board of supervisors, joint board of supervisors, board of county commissioners, or joint board of county commissioners under this chapter. The affected landowner shall make the appeal within thirty days of the date of the action or determination. The appeal may be based on, but is not limited to, any of the following questions:
(A) Is the improvement necessary?
(B) Will the improvement be conducive to the public welfare?
(C) Is the cost of the improvement greater than the benefits conferred?
(D) Is the route, termini, or mode of construction the best to accomplish the purpose of the improvement?
(E) Are the assessments levied according to benefits?
(F) Is the award for compensation or damages just?
Sec. 940.39. (A) For purposes of this section, references to a "board of supervisors of a soil and water conservation district" or a "board" includes a joint board of supervisors of a soil and water conservation district.
(B) Notwithstanding any other provision of law to the contrary, a board of supervisors of a soil and water conservation district, when practicable, may conduct meetings by video conference or, if video conference is not available, by teleconference. The board of supervisors shall make provisions for public attendance at any location involved in such a meeting. The board shall establish the 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.
(C) Before convening a meeting of a board of supervisors 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 board.
(D) The minutes of each 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.
(E) Nothing in section 121.22 of the Revised Code prohibits a board of supervisors from conducting a meeting in a manner authorized by this section.
Sec. 6131.01. As used in sections 6131.01 to 6131.64 of the Revised Code:
(A) "Owner" means any owner of any right, title, estate, or interest in or to any real property and includes persons, partnerships, associations, private corporations, public corporations, boards of township trustees, boards of education of school districts, the mayor or legislative authority of a municipal corporation, the director of any department, office, or institution of the state, and the trustees of any state, county, or municipal public institution. "Owner" also includes any public corporation and the director of any department, office, or institution of the state affected by an improvement but not owning any right, title, estate, or interest in or to any real property.
(B) "Land" includes any estate or interest, of any nature or kind, in or to real property, or any easement in or to real property, or any right to the use of real property, and all structures or fixtures attached to real property, including but not restricted to all railroads, roads, electric railroads, street railroads, streets and street improvements, telephone, telegraph, and transmission lines, underground cables, gas, sewage, and water systems, pipe lines and rights of way of public service corporations, and all other real property whether public or private.
(C) "Improvement" includes:
(1) The location, construction, reconstruction, reconditioning, widening, deepening, straightening, altering, boxing, tiling, filling, walling, arching, or any change in the course, location, or terminus of any ditch, drain, watercourse, or floodway;
(2) The deepening, widening, or straightening or any other change in the course, location, or terminus of a river, creek, or run;
(3) A levee or any wall, embankment, jetty, dike, dam, sluice, revetment, reservoir, holding basin, control gate, breakwater, or other structure for the protection of lands from the overflow from any stream, lake, or pond, or for the protection of any outlet, or for the storage or control of water;
(4) The removal of obstructions such as silt bars, log jams, debris, and drift from any ditch, drain, watercourse, floodway, river, creek, or run;
(5) The vacating of a ditch or drain.
(D) "Person" means natural person, firm, partnership, association, or corporation, other than public corporations.
(E) "Public corporation" or "political subdivision" means counties, townships, municipal corporations, school districts, park districts, turnpikes, toll bridges, conservancy districts, and all other governmental agencies clothed with the power of levying general or special taxes.
(F)(1) "Benefit" or "benefits," except as ordered in section 6131.31 of the Revised Code, means advantages to land and owners, to public corporations as entities, and to the state resulting from drainage, conservation, control and management of water, and environmental, wildlife, and recreational improvements. Factors relevant to whether such advantages result include:
(1)
(a)
The
watershed or entire land area drained or affected by the improvement;
(2)
(b)
The
total volume of water draining into or through the
improvement and the amount of water contributed by each land owner;
(3)
(c)
The
use to be made of the improvement by any owner, public corporation,
or the state.
(2)
"Benefit"
or "benefits" includes,
but is not limited to,
any
or all of the following factors: elimination
(a)
Elimination or
reduction of damage from
flood
flooding;
removal
(b)
Removal of
water conditions that jeopardize public health, safety, or welfare;
increased
(c)
Increased value
of land resulting from the
an
improvement;
use
(d)
The use of
water for irrigation, storage, regulation of stream flow, soil
conservation, water supply, or any other
incidental
purpose
incidental
thereto;
providing
(e)
Providing an
outlet for the accelerated runoff from artificial drainage whenever
the if
a stream,
watercourse, channel, or ditch that
is under
improvement is called upon to discharge functions for which it was
not designed
by
nature; it being the legislative intent that uplands .
Uplands that
have been removed from their natural state by deforestation,
cultivation, artificial drainage, urban development, or other
man-made
causes human
methods shall
be considered as
to
be benefited
by an improvement that
is required
to dispose of the accelerated flow of water from the uplands.
(G) "Environmentally significant areas" mean natural land or water areas that in some degree retain or have reestablished their natural character or have other features of scientific or educational interest such as rare or endangered plant and animal populations or geologic, scenic, or other natural features and, because of their values and functions, contribute to the community's general welfare.
(H) "Days" means calendar days.
Sec. 6131.04. (A)
Any
owner may file a petition for
the construction of a drainage improvement with
the clerk of the board of county commissioners of the county in which
is located a part of the land that
is averred proposed
to
be
benefited by benefit
from the
construction
of a proposed improvement.
Prior
to filing a petition, the petitioner shall consult with the county
engineer of the county in which the petition will be filed to discuss
the proposed drainage improvement and to determine the proper forms
and procedures for filing the petition.
(B)
The
petition shall state that
the construction of the improvement is necessary, will benefit the
petitioner, and will be conducive to the public welfare; shall state
the all
of the following:
(1)
The nature
of the work petitioned for;
and may ask to locate, clean, remove,
which may include locating, cleaning, removing obstructions
from,
construct,
reconstruct, straighten, deepen, widen, alter, box, tile, fill, wall
constructing,
reconstructing, straightening, deepening, widening, altering, boxing,
tiling, filling, walling,
or arch
arching
any
ditch, drain, watercourse, floodway, creek, run, or river
or
to change;
changing the
course, location, or terminus thereof,;
or
may
ask to construct constructing
a
levee, wall, embankment, jetty, dike, dam, sluice, revetment,
reservoir, holding basin, control gate, breakwater, or other
structure for control of water.
The petition
shall state the;
(2)
The course
and termini of the proposed improvement and the
branches, spurs, or laterals, if any are petitioned for.
Except as ordered under section 6131.31 of the Revised Code, the
petition shall state that;
(3) That the construction of the improvement is necessary and will benefit the petitioner;
(4)
That all
costs of engineering, construction, and future maintenance will be
assessed to the benefiting parcels of land.
The petition shall contain a,
except as ordered under an appeal filed in accordance with section
6131.31 of the Revised Code;
(5)
A list
of the names and addresses, where known, of all the owners of the
land that the petitioner or the county engineer claims will be
benefited or damaged by the construction of the proposed improvement,
as determined by the county engineer.
The
petition shall be signed by one
(C)
One or
more owners must
sign the petition as
the
petitioners.
If the petitioner is a public corporation or the state, the
petition shall be signed by its
authorized representative
must
sign the petition.
(D)
If
the petitioner is the county, the petition shall
must
be
filed with the clerk of the court of common pleas
without
the bond required under section 6131.06 of the Revised Code,
the
matters in the petition shall be heard by the common pleas court as
if the petition had come to the court on appeal, and
the clerk and the court shall do all things that sections 6131.01 to
6131.64 of the Revised Code provide that the county commissioners
shall do. The court of common pleas may appoint a board
of arbitrators
to assume the duties of the judge. The board shall be comprised of
three
disinterested persons
chosen by
the judge, who owners
in the county and shall
designate one of the persons
to be
chairman
chairperson.
A
decision of the board shall require approval of a majority of the
members
The
appointed board shall hear and act on the petition in accordance with
this chapter.
Either party may appeal the board's decision to the court of common
pleas,
which shall decide the case on the record of arbitration.
Sec. 6131.05. The
petition referred to in section 6131.04 of the Revised Code may be
amended upon the written application of any (A)
Any benefiting
owner filed
may
file an amendment to a petition for a drainage improvement that
expands the length of the proposed improvement, provided that such
amendment does not expand the area to be benefited by the proposed
improvement. An owner shall file the amendment not more than
twenty-one days after the date of the view. Such owner shall not
propose an amendment that expands either the area or number of
parcels to be benefited by the proposed improvement, but shall file a
new petition regarding the proposal in accordance with section
6131.04 of the Revised Code.
(B)
A benefiting owner shall file an amendment with
the clerk of the board of county commissioners
and
upon the allowance of the application by the board of county
commissioners, by an order entered on its journal.
The
petition may be amended while the proceedings are pending on appeal
in the court of common pleas, pursuant to the rules and laws relating
to civil procedure. If the petitioner is the county, the application
for amendment shall be filed with the clerk of the court of common
pleas and shall be heard pursuant
to the rules and laws relating to civil procedure. Any written
application for amendment of the petition shall include the
information required for the petition in section 6131.04 of the
Revised Code, including names and addresses of the additional owners
that the petitioner seeking amendment or the county engineer claims
will be benefited or damaged by the proposed
improvement. Any application, remonstrance, statement, report, or
schedule filed in any improvement proceedings may be amended as a
petition may be amended, as provided in this section
not
more than twenty-one days after the view required by section 6131.07
of the Revised Code and shall include the information required by
section 6131.04 of the Revised Code along with the amendment.
(C) If the petition was filed by the county under division (D) of section 6131.04 of the Revised Code, any proposed amendment to the petition shall be filed with the clerk of the court of common pleas or with the board appointed under that division. If the amendment is filed with the clerk of the court of common pleas, the court shall hear the amendment pursuant to the rules and laws relating to civil procedure.
Sec. 6131.06. (A)
The
petitioner shall file with the petition referred to in section
6131.04 of the Revised Code a bond in the penal
sum
of one
thousand five
hundred dollars, plus the sum of two
five
dollars
for each parcel of land in excess of two hundred parcels
averred
in the petition to be benefited, with at least two sureties who are
freeholders of the county, or with surety by a surety company
authorized to do business in this state, or with cash
that
are listed in the petition as lands that will benefit from the
improvement.
(B)
The
bond shall be made payable to the county, to the credit
of the general drainage improvement fund
or
a special fund created for the proposed improvement,
and conditioned to pay
the
cost of notices, plus any other incidental expenses, except the costs
incurred by the engineer in making hispreliminary reports all
costs associated in preparing for the view and first hearing if
the prayer
of the petition
is not granted
or if the petition is for any cause dismissed
unless
the board of county commissioners decides to pay the engineer's costs
from the petitioners' bond in accordance with section 6131.09 of the
Revised Code.
(C)
The
bond
clerk
of the board of county commissioners shall
be
released release
the bond at
the expiration of the twenty-one
day thirty-day
appeal
period provided for in section 6131.25 of the Revised Code after an
order
of
to
proceed with the project by the
commissioners
board
at
the first hearing or at the termination of the appeal.
Sec. 6131.57
6131.061. (A)
The
clerk of the
board of county commissioners and
the county engineer shall
maintain a permanent
file
for
the proposed improvement containing
a record of the petition, the
applications and remonstrances filed, the amendments,
comments, notices, proceedings, resolutions, orders
made by the board, the preliminary estimates,
and preliminary
report of the county engineer, the reports of review by the director
of natural resources, the director of transportation, and the
directors of any conservancy district, the reports of the engineer as
to the construction of the improvement, and such other matter as is
proper for any
other record
regarding the proposed improvement that is filed with the board.
A
record of the assessments levied, pursuant to the order of the board,
as corrected after the completion of the contract, and the schedules
of payments for compensation and damages shall be kept by the
(B)
The county
auditor
engineer
shall maintain a file for the proposed improvement that contains a
record of the petition, amendments to the petition, all reports,
estimates, surveys, maps, plans, drawings, schedules, and other
documents prepared for
the proposed improvement by the engineer or the engineer's designee,
and any reports of the director of natural resources, director of
transportation, and directors of any conservancy districts.
The
clerk of
(C)
After the final hearing of the
board of county commissioners
shall,
after
the final hearing of the board of county commissioners or
after the final judgment, order, or decree has been rendered upon any
appeal, the
clerk of the board of county commissioners shall file
with
the
county engineer all maps, profiles, and plans of the improvement,
which shall be filed together with an annual record of maintenance
and repair,
and may transfer to, the county engineer the file maintained pursuant
to division (A) of this section. Upon receiving the file, the county
engineer shall maintain the file as the permanent project file,
together with an annual record of maintenance and repairs for the
improvement.
(D) The county auditor shall maintain a record of the estimated and final assessments levied for the improvement, and the schedules of payments for compensation and damages.
Sec. 6131.07. (A)
When
the
a
petition
authorized
by is
filed under section
6131.04 of the Revised Code is
filed with
the clerk of the board of county commissioners, the clerk shall give
notice of
the petition to
the board of county commissioners and to
the
county engineer.
(B)
The
board
of
county commissioners
shall,
by an order upon its journal, fix
do
both of the following:
(1)
Establish
a
date and hour for the
a
view
of the proposed improvement, which shall be not
fewer than twenty-five nor more than ninety between
thirty and one hundred twenty days
after
the date on which the petition was filed with the clerk.
The board shall designate a convenient place near the proposed
improvement at which the view shall start. The board shall also fix;
(2)
Establish a
date and hour,
not fewer than ten nor more than
between
thirty and
ninety
days
after the date set for the view, when it will hold its first hearing
at
a place designated by it. As soon as the dates for the view and first
hearing have been fixed by the board, the clerk shall prepare and
mail, at on
the petition.
(C)
At least
twenty
twenty-one
days
prior to the date set for the
view,
the
clerk shall send a
written notice to the owners named in the petition and of legal
record on the date of its filing,
setting forth the pendency, substance, and prayer of the petition, .
The clerk shall include all of the following in the notice:
(1) The date, time, and location for the view and the first hearing;
(2) A description of the proposed improvement and its location as stated in the petition, a map indicating the location of the proposed improvement or information on where to access such map, and an explanation of how to access additional information or ask questions about the proposed improvement;
(3)
A statement that
all costs of engineering, construction,
and future maintenance will be assessed to the benefiting parcels of
land,
and the date, hour, and starting place
of the view and the date, hour, and location of the first hearing.
For each proposed improvement, all individual notices shall be sent
by the same type of mail, either certified mail, return
receipt requested, or first-class mail in a five-day return envelope.
Whichever method the board chooses, the;
(4) A statement that an owner may file, not more than twenty-one days after the date of the view, an amendment to the petition that expands the length of the proposed improvement, provided that such amendment does not expand the area to be benefited by the proposed improvement;
(5) A statement that an owner receiving the notice may comment on the proposed improvement in writing before or in person at the public hearings on the petition;
(6) The address at which to file an amendment to the petition or submit written comments on the proposed amendment or the petition.
(D)
The clerk shall notify all owners that are adjacent to the proposed
improvement by certified mail and shall notify all other owners by
certified mail or first class mailings. The words
"Legal Notice
of
Proposed Drainage Improvement"
shall be printed in plain view on the face of the envelope. When the
owner is not a natural person, the notice shall be mailed to its
chief officer or managing agent at the usual place of business in the
county. If such an owner is a foreign or domestic railroad company,
regardless of whether the charter thereof prescribes the manner or
place of service of process thereon, the notice shall be addressed to
the property owner of record as listed by the county auditor on the
general tax list. If such an owner
other than a railroad company does not maintain a regular place of
business in the county, then the notice shall be mailed to
the nearest regular place of business of such an owner. The
(E)
The clerk
shall cause
to be published publish
a
legal notice
in at least one newspaper of general circulation in the area affected
by the proposed improvement, stating the name and number, if any, of
the proposed improvement, the location and nature of the work
proposed in the petition, and the date, time, and location of the
view and first hearing. If the individual notices are sent by
certified mail, the publication
clerk
shall
be
publish
the notice in
one issue of such newspaper, and shall not be
publish
the notice less
than thirteen days prior to the date of the view. If the individual
notices are sent by first-class mail in five-day return envelopes,
the publication
of this clerk
shall publish the newspaper
notice shall
be made in
two issues of the newspaper, and the notice shall include a list of
the
names of all addressees whose individual notices were undelivered.
The clerk
shall publish the first
such publication shall
not
be less than thirteen days prior to the date of the view, and the
second publication shall
not
be less than six days prior to the date of the view. The publication
shall serve as public notice to all owners of the pendency of the
improvement whether or not they were individually named and notified.
Proof of notice by publication shall be verified by affidavit of the printer or other person knowing the fact, and the clerk of the board of county commissioners shall prepare a certificate showing the service of the notices by mail, both of which shall be filed with the clerk of the board of county commissioners on or before the day of the first hearing. Notices returned undelivered and receipts shall be kept on file by the clerk as part of the permanent record of the improvement.
Sec. 6131.08. Owners
Any
owner who
have
has
not
joined in the
a
petition
authorized
by filed
in accordance with section
6131.04 of the Revised Code and
who are in favor of the improvement may file applications requesting
that the improvement
be granted and state their reasons therefor. Owners who are opposed
to the improvement may file remonstrances against the granting of the
improvement and state their reasons therefor. The applications or
remonstrances may be filed with the clerk of the board of county
commissioners may
comment on the proposed improvement at
any time before a final order on
the petition is
made by the board of county commissioners
confirming
the assessments and ordering the letting of the contracts for the
construction of the improvement or before a final order is made
dismissing the petition.
Comments may be made in person at the public hearings on the petition
or by filing written comments with the clerk of the board of county
commissioners.
Sec. 6131.09. When
notified of the filing of a petition authorized by section 6131.04
(A)
Upon receiving the notice required under division (A) of section
6131.07 of
the Revised Code, the county engineer shall prepare a preliminary
estimate
of the cost of report
on the
proposed improvement.
The engineer shall file at the first hearing, as a guide to the
commissioners and the petitioners, a preliminary report including
his,
which shall include all of the following:
(1)
A
preliminary
estimate of the
cost,
his comment
of
the proposed improvement;
(2)
Comments
on
the
feasibility
of the project,
and a;
(3)
A statement
of
his
the
engineer's
opinion
as to whether benefits from the project are likely to exceed the
estimated cost.
The preliminary report shall;
(4)
A list
all
of
factors
apparent to the engineer, both favorable and unfavorable to the
proposed improvement,
so that the petitioners may be informed as to what is involved.
(B)
In
addition to reporting on the improvement as petitioned, the engineer
may submit alternate proposals to accomplish the prayer
intent
of
the petition.
(C)
The
county commissioners may require the county engineer to file any
additional preliminary reports,
of whatever nature,
that
in the opinion of the board will serve as a guide to the board and
the petitioners in deciding whether to proceed with the proposed
improvement.
(D) The costs incurred by the engineer in making preliminary reports may be paid from the bond of the petitioners if the petition is dismissed at the first hearing, and any amount in excess of the bond shall be paid from county funds. If the engineer's costs are not paid from the petitioners' bond, they shall be paid from county funds.
Sec. 6131.10. The
board of county commissioners and the (A)
On the date established for the view
of a proposed improvement, the county
engineer or
its designated representative shall
meet
at the designated place near present
an overview of the
proposed improvement
on
the day of,
using methods and means that the board of county commissioners
determines will adequately inform those attending the
view fixed
as provided in section 6131.07 of the Revised Code and hear the proof
offered at that time by any owner affected by about
the proposed improvement's location and the drainage issues intended
to be addressed by the
proposed improvement. The
board and the county engineer or his authorized representative shall
go over and along the line of the proposed improvement and each
branch, lateral,
or spur mentioned in the petition or in any application filed
therefor. The board shall adjourn the view from day to day, or a
longer period, until the view is completed. Upon completing
the view, the board shall adjourn the further hearing to the place
designated by the board, to the day and hour fixed in the notice
given. On the day so fixed for the first hearing on the petition, the
board shall take up the further hearing on the petition and on the
applications or remonstrances filed. The board shall hear the
preliminary report of the county engineer as provided in section
6131.09 of the Revised Code and shall hear any evidence offered by
any owner for or against the granting of the proposed improvement or
for or against the granting of any laterals, branches, spurs, or
change of route, course, termini, or manner of construction described
in the petition or in any application filed therefor. If any
applications for branches, laterals, spurs, or change of route or
course are filed after the view, the board shall fix a time to view
and shall view them. The first hearing may be adjourned from day to
day, or for a longer time that may be reasonable, so that all
interested owners may have an opportunity to be heard for or against
(B) Upon a request made by a commissioner or an owner in the area to be benefited by the proposed improvement, the board of county commissioners shall recess the view and reconvene it at a site along the proposed improvement for the purpose of gaining additional information about the drainage issues intended to be addressed by the proposed improvement.
(C) If the area to be viewed is extensive, the board of commissioners may conduct the view on more than one day and may adjourn from day to day, or a longer period, until the view is completed.
Sec. 6131.101. (A) At the first hearing on a petition for a proposed improvement, the board of county commissioners shall do both of the following:
(1) Hear the preliminary report of the county engineer required under section 6131.09 of the Revised Code;
(2) Hear any evidence offered by any owner for or against the granting of the proposed improvement or for or against the granting of any laterals, branches, spurs, or change of route, course, termini, or manner of construction described in the petition or in any amendment.
(B) If necessary, the board of county commissioners may recess and continue the hearing on subsequent days as may be reasonable to consider additional information about the proposed improvement or so that all interested owners may have an opportunity to comment on the proposed improvement.
(C) At the conclusion of the first hearing, the board shall vote to determine whether to proceed with the project survey and design or to dismiss the petition, taking into consideration the petition, the preliminary report, and comments on the proposed improvement.
Sec. 6131.11. (A)
If
the board of county commissioners,
at
finds
at the conclusion of
the
first hearing,
finds
for
a proposed improvement
that
a proposed improvement is not necessary, or
finds that a proposed improvement will
not be conducive to the public welfare, or finds
that
the estimated cost of a
the
proposed
improvement will exceed the benefits to be derived if it is
constructed, the board shall dismiss the petition for
the proposed improvement and
enter its findings upon its journal.
(B)
Any
owner who is affected by the order of dismissal may appeal to the
court of common pleas of the county in which the
petition was filed, as provided in sections 6131.12 to 6131.64 of the
Revised Code. If no appeal is filed within twenty-one
thirty
days,
pursuant
to section 6131.25 of the Revised Code, the petitioner
bond
shall
pay
cover
all
the costs incurred in the proceedings
and
the .
Any remaining funds from the bond
shall be
released
returned
to the petitioner.
(C) An order issued by the board under this section is effective on the day of the hearing at which the board issued it.
Sec. 6131.12. If
(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
that
all
of the following:
(1)
That a
proposed improvement is necessary
and
that it will be;
(2)
That the proposed improvement is conducive
to the public welfare,
and if the board is;
(3)
That it is reasonably
certain that the cost
thereof benefits
of the proposed improvement will
be
less than the benefits, it may grant the prayer of the petition. When
deciding whether to grant the prayer of the petition, the 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. Upon
granting the prayer of the
(C)
After deciding to proceed with a petition
for
a proposed improvement,
the board shall determine
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.
On
any petition for any improvement of a ditch, drain, watercourse, or
levee, the 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. An
order issued by the board under this section granting the prayer of
the petition is effective on the day of the hearing at which the
board issued it.
Upon
granting the petition, the board shall order the county auditor to
transfer from the general revenue funds of the county, not otherwise
appropriated, to the general drainage improvement fund an amount not
more than twenty-five per cent of the engineer's preliminary
estimate. After the twenty-one day period for appeal, as provided in
section 6131.25 of the Revised Code, has expired and no appeal has
been taken, and as soon as the transfer of funds has been authorized,
the board shall order
(2)
Order the
county engineer to prepare the reports, plans, and schedules as
provided in
sections
6131.01 to 6131.64 of the Revised Code
this
chapter.
It
shall fix
(3)
Set a
date for the filing of the
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.
The
board shall adjourn the hearing on the improvement to the date that
it has fixed for the filing of the reports, plans, and schedules by
the engineer and adjourn the proceedings from time to time, if
necessary, thereafter. No change in the route or termini of any
proposed improvement shall be made, no branches, laterals, or spurs
shall be granted, and no change shall be made in the nature of the
work proposed after the first hearing is completed, except upon
application of an interested owner affected by the proposed
improvement and upon notice given to all owners affected by the
change, as provided in sections 6131.01 to 6131.64 of the Revised
Code. All the findings and orders of the board shall be entered in
its journal.
The
route of an improvement shall so far as practicable be located so as
to avoid running the improvement diagonally across property and shall
where practicable follow property lines, section lines, and lines of
public highways, but where the line of a public highway is followed,
approval must be obtained from the agency owning the highway.
(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 finds
for the 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.
Sec. 6131.13. The
board of county commissioners
may
hear and determine at the same time and under one petition, upon
proper averments, the following questions:
(A)
The locating of a new ditch, drain, or watercourse, or one partly old
and partly new, or one partly open and partly tiled;
(B)
The deepening, widening, straightening, boxing, tiling, or changing
of the route or course of, or the altering in any manner of, an old
ditch, drain, or watercourse;
(C)
The connecting into a single system of two or more improvements.
The
board,
on application of owners interested or at its own discretion, may
consolidate and treat as a petition for one improvement petitions
pending at the same time for two or more separate improvements which
connect with each other, or which serve
common territory, or which can readily be combined into one system.
In case of such consolidation, the board shall enter its
action upon its journal, and if necessary, it shall order the county
engineer to re-estimate and make such further reports and schedules
as are necessary upon its order consolidating the improvements. If
two or more improvements
are consolidated, the proceedings after consolidation shall be the
same as if all the matters were petitioned for in one petition.
Sec. 6131.14. The
(A)
Upon the board's determination to proceed with the project survey and
design on a proposed improvement under section 6131.12 of the Revised
Code, the clerk
of the board of county commissioners shall certify
immediately
forward a copy of the board's findings and orders to
the county engineer
immediately,
after the requirements of section 6131.12 of the Revised Code have
been met, a copy of the findings and orders of the board of county
commissioners in favor of an improvement.
(B)
The
county
engineer
shall make
the do
all of the following:
(1)
Conduct all necessary
survey
surveys
for
the proposed improvement.
The engineer shall make;
(2)
Prepare plans
for structures,;
(3)
Create
maps
showing the location of the land proposed to be assessed,
and profiles showing the cuttings and gradient;
(4)
Prepare construction drawings of
the improvement
and
shall make;
(5)
Prepare an
estimate of the cost of the construction
of the improvement,
which shall include actual construction cost, the cost of
engineering, the
cost of the first year maintenance, and
the cost of notices, publication, and other incidental expenses. The
If
applicable, the engineer
shall
may
recommend
the
maintenance district in which the improvement shall be placed. The
assessment of the improvement for maintenance for one year shall
be added to the cost of construction in making the actual assessment
and shall
be credited to the maintenance fund of the district.
(6) Prepare a schedule of damages that includes both of the following:
(a) An estimate of the value of land or other property necessary to be acquired through purchase or voluntary transfer or appropriated in accordance with section 163.01 to 163.62 of the Revised Code, and a description of that land or other property;
(b) An estimate of the total damages to be sustained by owners as a result of the construction and subsequent maintenance of a proposed improvement, along with the name and address of each owner that is alleged to be damaged, the amount of each owner's estimated damages, and an explanation of each owner's injury.
(C)
The
county engineer shall
set proper construction stakes and shall note the intersection of the
line of the improvement with the apparent land boundaries of separate
owners, township and county lines, natural landmarks, road crossings,
or other lines or marks. The engineer shall take and note any
necessary levels off the line of the improvement to determine the
area of the land subject to drainage.
The
engineer shall also establish, at intervals of not less than one in
each mile, in the most practicable permanent form,
and in locations where destruction or disturbance is improbable,
bench marks from which the original levels of the improvement
can be established. The bench marks and all levels of the improvement
shall be based upon some established elevation of the geological
survey of the United States, if any, in the county, and the relation
of any assumed elevation used by the engineer in the work upon any
improvement to the elevation established by the geological survey
shall be accurately stated in the engineer's report. The engineer
shall
make a plan of the work proposed to be done, which shall show the
grade, the depth, the excavating to be done, the location of the
permanent bench marks and their actual elevation based
on the most recent United States geological survey data above
or below the base elevation used, and such other data as in the
judgment of the engineer will aid in retracing lines, levels, or
other features of the improvement. The plan shall indicate the
profile and the nature of the excavation.
As
soon as the engineer has completed the maps, profiles, and plans for
the improvement, the (D)(1)
The engineer
shall transmit copies thereof
of
the construction drawings to
the director of natural resources, the director of transportation
when a state highway is affected, and the board of directors of any
conservancy district within which any part of the lands or streams
affected by the proposed improvement may lie.
(2) The director of natural resources, the director of transportation, and the board of directors of the conservancy district shall review the plans submitted and within thirty days file with the county engineer a report indicating approval or, in case that approval cannot be given, a report with recommendations.
(3) The approval or report with recommendations, which, where appropriate, shall include recommendations regarding the use of best management practices that are consistent with the prayer of the petition, shall be transmitted by the engineer to the board of county commissioners, who shall take notice of the approval or recommendations and shall authorize the engineer to make any changes or alterations that in the judgment of the board are necessary or desirable.
(4)
Upon
receipt of approval of the plans by the director of natural
resources, the director of transportation, and the board
of directors
of any conservancy districts affected, or upon completion of any
changes authorized by the board of county commissioners, the engineer
shall file the
construction drawings with
the clerk of the board of county commissioners
all
maps, profiles, and plans as provided by this section.
(E)
The
engineer shall prepare specifications for the construction of the
improvement.
The engineer shall specify a width of temporary easement for
construction purposes. The specifications shall provide for
that
include all of the following:
(1) The route of an improvement, which, as practicable as possible, shall be located to avoid running the improvement diagonally across property and to follow property lines, section lines, and lines of public highways. However, where the line of a public street or highway is followed, approval must be obtained from the governmental entity owning the street or highway.
(2) The width of the temporary easement for construction required for the improvement. The specifications shall require the temporary easement to include spreading and leveling of spoil banks and shall prohibit the temporary easement from being more than seventy-five feet from the top of the bank.
(3)
The width of the permanent easement required for the improvement. The
specifications shall
provide
for erosion and sediment control through the establishment of a sod
or seeded strip not fewer than four
ten
feet
nor more than fifteen feet wide, measured at right angles to the top
of the ditch bank, on both sides of the ditch, except where suitable
vegetative cover exists. The strip or other such controls shall be
considered a part of the permanent improvement. Sod
(F)
The county engineer shall provide to the county auditor the acreages
of sod or
seeded strips established and
maintained in excess of four feet under
this section and the county auditor shall
be
compensated for by their removal remove
the entire amount of each sod or seeded strip from
the taxable
valuation of the property of which they are a part. The
engineer shall make estimates of the cost of excavating and of the
cost of material and may divide the construction of the improvement
into construction areas as considered expedient.
(G) The engineer shall make a note of all fences, floodgates, culverts, or bridges that will be removed in constructing the improvement and of all culverts or bridges that must be adjusted or the channel of which must be enlarged to construct the improvement.
(H)
In
estimating the cost of an improvement, the engineer may include the
cost of installing gates in fences on the reserved right-of-way where
needed to provide access for maintenance. The gates shall be kept
locked when requested by the owner and shall be considered a part of
the original improvement and subject to maintenance as provided by
sections
6137.01
to 6137.12 Chapter
6137. of
the Revised Code.
(I) The engineer shall make an estimate of the cost of inspecting the work as it progresses and shall, with the assistance of the prosecuting attorney, prepare forms for contracts with bidders and forms of bid guaranties that meet the requirements of section 153.54 of the Revised Code.
(J)
Upon
the acceptance of the contract work, the engineer shall file with the
county recorder a
all
of the following:
(1)
A property
plat showing the general
owners
of record and parcel numbers along the drainage improvement;
(2)
The location
of the improvement
and
a;
(3) A statement describing the width of the permanent easement for maintenance as provided for in section 6137.12 of the Revised Code;
(4) An affidavit listing the owners of record, complete property descriptions, and parcel numbers subject to the permanent easement. The engineer shall note the property plat in the affidavit.
The
engineer shall include the permanent easement in the county's
geographic information systems or other mapping system, if available.
The
The engineer shall make an itemized bill of the costs and expenses incurred in the proper discharge of duties set forth in this section and shall file the maps, profiles, plans, schedules, and reports with the clerk of the board of county commissioners upon completing them.
Sec. 6131.15. (A)
The
county engineer shall estimate
the prepare
a schedule of assessments that includes all
of
the following:
(1) The name and address of each private owner of land and a description of the land to be benefited by the proposed improvement. The engineer shall obtain the names and addresses from the tax duplicates of the county. The engineer shall obtain the description from the county recorder's office. For purposes of the description the county recorder shall not require a metes and bounds survey.
(2) The amount of the estimated assessment to be assessed to each tract of land. An assessment shall not be less than ten dollars. The total amount of the estimated assessments, including the total estimated assessments allocated to public corporations and the state, shall equal the estimated cost of the proposed improvement.
(3) An explanation of each assessment that is for purposes other than drainage;
(4)
The benefits
accruing to public
corporations political
subdivisions and
any department, office, or institution of the state. The engineer
shall determine the estimated cost of the improvement that
each public
corporation political
subdivision and
any department, office, or institution of the state shall be assessed
by reason of the benefit to public health, safety, convenience, the
environment, wildlife, recreation, and welfare, or as the means of
improving any street, road, or highway under the control or ownership
of any public
corporation political
subdivision or
any department, office, or institution of the state, or for benefit
to any land owned by any public corporation or any department,
office, or institution of the state. The engineer shall prepare a
schedule of assessments containing the name and address of each
public
corporation political
subdivision and
each department, office, or institution of the state so benefited,
the amount of the estimated
assessment, and an explanation of the assessment if the assessment is
for purposes other than drainage.
The
county engineer shall also include in the schedule of assessments the
name and address of each private owner of land and a description of
the land believed to be benefited by the proposed improvement, which
names and descriptions shall be taken from the tax duplicates of the
county. The engineer shall enter in the schedule the amount of the
estimated assessment, which in no case shall be less than ten
dollars, to be assessed to each tract of land and an explanation of
the assessment, if the assessment is for purposes other than
drainage, by reason of the construction of the improvement upon which
the assessment is based. The total of these estimated assessments
including the total estimated assessments allocated to public
corporations and the state shall equal the estimated cost of the
proposed improvement.
In
determining the estimated drainage assessments for a parcel, the
county engineer shall give primary consideration to the potential
increase in productivity that the parcel may experience as a result
of the improvement and shall also give consideration to the quantity
of drainage contributed, the relative location of the property to the
project, the portion of the project through which the drainage from
the parcel flows, the value of the project to the watershed, and
benefits as defined in section 6131.01 of the Revised Code.
The
county engineer shall also estimate the value of land or other
property necessary to be taken and the damages to be sustained by any
owner as a result of the construction of the proposed
improvement and the subsequent maintenance of the improvement. The
engineer shall prepare a schedule of damages containing
the name and address of each owner alleged to be damaged, the amount
of the estimated damages, and an explanation of the injury upon which
the estimate is based. The engineer's schedule of damages shall also
contain the value of the land or other property necessary to be
taken, the name and address of the owner, and a complete description
of the land or other property. The engineer shall include the total
of the estimated damages and valuations as part of hisestimate of the
total cost of constructing the improvement.
(B) In calculating each estimated assessment, the county engineer shall do both of the following:
(1) Use the information compiled in accordance with divisions (B)(5) and (6) of section 6131.14 of the Revised Code;
(2) Consider the following factors:
(a) Acreage of a parcel;
(b) Volume of water produced by a parcel;
(c) Remoteness of the parcel to the improvement;
(d) Percentage of the improvement used by the parcel;
(e) Work determined to benefit that particular parcel only and not the remainder of parcels in the watershed;
(f) Soils;
(g) County auditor's land value or current agricultural use value, if applicable;
(h) Existing drainage infrastructure that can be incorporated into the improvement and associated cost savings;
(i) Any other factors pertinent to that particular petition and watershed;
(j) Any benefits as defined in section 6131.01 of the Revised Code.
(C)
The
county engineer, in making
his
the
estimate
of the amount to be assessed each tract of land, each
public
corporation
political
subdivision,
and the state in accordance with this section, and the board of
county commissioners, in amending, correcting, confirming, and
approving the assessments in accordance with section 6131.22 of the
Revised Code, shall levy the assessments according to benefits. Each
tract of land and public
corporation political
subdivision affected
by an improvement and the state shall be assessed in the proportion
that each is benefited by the improvement, as "benefit" and
"improvement" are defined in section 6131.01 of the Revised
Code, and not otherwise.
Sec. 6131.16. (A)
Upon
the filing with the clerk of the board of county commissioners 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. Upon
the fixing of the date
(B)
At least twenty-one days prior to the date established for the
hearing,
the clerk shall immediately
give provide
notice
by
certified mail, return receipt requested, or by first-class mail in a
five-day return envelope. For each improvement, all individual
notices shall be sent by the same type of mail. Whichever method the
board chooses, the to
all owners that are adjacent to the proposed improvement by certified
mail and to all
others in the area to be benefited by the proposed improvement by
certified or first class mail. The clerk shall ensure
that the words
"Legal Notice
of
Proposed Drainage Improvement"
shall
be are
printed
in plain view on the face of the envelope. Notice
The
clerk shall
be
sent send
the notice to
all the owners whose names appear in the engineer's schedules of
assessments and damages. The notice
clerk
shall
be
mailed mail
the notice to
each address as given in the petition or to such address as the clerk
learns to be the correct address, as provided in section 6131.07 of
the Revised Code. If the schedule of assessments or the schedule of
damages filed by the engineer contains the names of owners other than
those mentioned in the petition, notices
the
clerk shall
also
be mailed mail
the notice to
those owners.
The
clerk shall include in the notice all of the following:
(1) An owner's estimated assessment, the estimated damages, if any, and of any compensation for land or other property necessary to be taken on each tract of land owned by the owner, as estimated and described in the schedules;
(2) The date, time, and location of the final hearing by the board on the report of the engineer and on the proceedings for the improvement;
(3) A statement that an owner may file an exception to the assessments or a claim for compensation or damages with the clerk of the board of county commissioners not less than five days before the date fixed for the final hearing;
(4) A statement that if bonds or notes are to be issued, an owner may pay an assessment in cash by giving notice to do so on a form proscribed by the board of county commissioners not more than twenty-one days after the final hearing or that an owner may pay the assessments in installments payable with interest added at the same rate that bonds or notes bear interest.
(C) The clerk shall cause to be published a legal notice in at least one newspaper of general circulation in the area affected by the improvement, stating the name and number, if any, of the proposed improvement, the location and nature of the work proposed in the petition, and the date, time, and location of the final hearing. The publication of this notice shall be made in one issue of the newspaper if the individual notices are sent by certified mail. If the individual notices are sent by first-class mail in five-day return envelopes, the publication of this newspaper notice shall be made in two issues of the newspaper, and the notice shall include a list of the names of all addressees whose individual notices were undelivered. The publication shall be not fewer than thirteen days prior to the date of the final hearing. The publication shall serve as public notice to all owners of the substance of the proposed improvement and of the pendency of the final hearing of the board of county commissioners in the proceedings to authorize the construction of the proposed improvement whether or not they were individually named and notified.
The
mailed legal notice shall notify the owners of the assessment or the
estimated damages, if any, and of compensation for any land or other
property necessary to be taken on each tract of land owned by the
owner, as estimated and described in the schedules, shall notify the
owners of the date of the final hearing by the board on the report of
the engineer and on the proceedings for the improvement, and shall
notify all owners that all claims for compensation or damages must be
filed with the clerk of the board of county commissioners before that
date fixed
for the final hearing. The notice shall further state that if bonds
or notes are to be issued, the owner must give written notice
within twenty-one days after the final hearing of hisintention to pay
in cash. The clerk shall include with the legal notice to the owner a
form prescribed by the board of county commissioners that the owner
shall use to notify the board of hisintention to pay in cash. If
hedoes not give notice of hisintention to pay in cash within
twenty-one days, the installments will be payable with the interest
added at the same rate that the bonds or notes bear interest.
Proof
of notice by publication shall be verified by affidavit of the
printer
or other person knowing that fact, newspaper
and
the clerk of the board of county commissioners shall prepare a
certificate showing the service of the notices by mail, both of which
shall be filed with the clerk of the board of county commissioners on
or before the day of the final hearing. Notices
If
any notices are returned undelivered, the clerk shall keep the
returned
undelivered notices
and
their
receipts
shall
be kept on file as a permanent record of the improvement
with
the permanent file of records required under section 6131.061 of the
Revised Code.
Sec. 6131.17. Any
owner may accept the estimated assessment as described in the
engineer's schedules, or may accept the estimated damages or
compensation as described in the engineer's schedule of damages, or
may acquiesce to the engineer's failure to estimate damages or award
compensation in hisfavor, and will be construed to have done so
unless he files (A)
An owner may file an exception
to the county
engineer's schedules
of
assessments
or
files
file
a claim
for damages or compensation,
on or before the date of the final hearing in the proceedings to
construct the improvement.
All
exceptions to the engineer's schedules of assessments and
damages, and all claims for compensation for land or other property
necessary to be taken, and all claims for damages by reason of a
proposed improvement not listed in the engineer's schedule of
damages, shall be filed
with
the clerk of the board of county commissioners as
provided in section 6131.16 of the Revised Code on or not
less than five days before
the date of the final hearing in the proceedings to construct the
improvement.
All
exceptions to the engineer's schedules and all claims (B)
An owner shall include with an exception or claim for
compensation or damage shall
describe the land, a part of which is the
nature of the exception or claim, the amount claimed, if any, and the
identity of the property claimed
to be taken or damaged,
and shall describe the nature of and the reasons for the claim asked
to be paid to each claimant.
Sec. 6131.19. (A)
At
the final hearing, or at such time to
which said the
final hearing
is adjourned to hear claims for compensation or damages, the board of
county commissioners shall hear any competent evidence offered by any
of
the interested owners affected
owner upon
the county
engineer's
estimate of damages and upon any claim filed for compensation or
damages.
(B)
Upon
consideration of all the evidence, including
the
county engineer's schedule of estimated damages, and a view of the
premises
affected
property,
if it
the
board desires
such
a
view,
the board shall find
and determine
the amount of damages
to
which any owner is entitled
for
each claim filed by an owner,
and shall also determine the fair
value
of any land or any other property to be taken for said
the
proposed improvement.
The
(C)
If the board of county commissioners awards additional compensation
to any owner, the board
shall
enter
its findings in its
journal, and shall authorize the county auditor to issue his warrants
upon the county treasurer of the county in which the land is located,
payable from the general drainage improvement fund, to such claimants
for such amounts, which amounts so determined shall be paid before
any work on the proposed improvement is done
order
the county engineer to prepare new assessments for the proposed
improvement and the clerk of the board shall notify all owners of the
new assessments pursuant to section 6131.16 of the Revised Code.
(D)
An
owner
may appeal
may
be taken by any claimant from the an
order
of the board refusing
the allowance of
county
commissioners concerning a claim for compensation
or damages,
and an appeal may be taken by any claimant from an order allowing
compensation or damages if, in his opinion, the amount awarded is
less than the actual damages sustained, or less than the fair value
of the land or other property necessary to be taken. Such appeal
shall be taken and perfected
as
provided in
sections
6131.01 to 6131.64, inclusive, of the Revised Code
this
chapter.
Sec. 6131.21. (A)
At
the final hearing on a proposed improvement, after hearing all the
evidence offered in the proceedings and after receiving and
considering all the schedules, plans, and reports filed by the county
engineer, the board of county commissioners shall review and
reconsider the its
former
order made
by it finding in favor of the 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. At
the final hearing, if the board finds that the cost of the
improvement will
be equal to or greater than the benefits that will be derived
therefrom if constructed, or if the board finds that the improvement
is not necessary, or if it finds that the improvement will not be
conducive to the public welfare,
the board shall set aside the former order finding in favor of the
improvement made by it at the first hearing and shall dismiss the
petition.
(B) In determining whether or not the improvement should be granted, the board shall consider the following factors:
(A)
(1)
The
cost of location and construction;
(B)
(2)
The
compensation for land or other property necessary to be taken;
(C)(3)
The
effect on land along or in the vicinity of the route of the
improvement;
(D)(4)
The
effect on land below the lower terminus of the improvement that may
be caused by constructing the improvement;
(E)(5)
The
sufficiency or insufficiency of the outlet;
(F)(6)
The
benefits to the public welfare;
(G)(7)
The
benefits to land, public corporations, and the state needing the
improvement;
(H)(8)
Any
other proper matter that will assist it
the
board in
finding for or against the improvement.
(C) The board shall set aside the former order and dismiss the petition if the board finds any of the following:
(1) That the cost of the improvement will be equal to or greater than the benefits that will be derived from the improvement if constructed;
(2) That the improvement is not necessary;
(3) That the improvement will not be conducive to the public welfare.
(D)
If
the petition
is dismissed board
dismisses the petition for a proposed improvement at
the final hearing, all costs for the proceedings, including the costs
incurred by the engineer in making surveys, plans, reports, and
schedules, may be distributed to the benefiting landowners in the
same ratio as determined by the engineer in the final estimated
assessments presented at the final hearing. The
board shall confirm or alter the assessments as provided for in
section 6131.22 of the Revised Code. The approved assessments shall
then be certified to the county auditor to be administered pursuant
to section 6131.49 of the Revised Code.
If
the costs are not distributed to the benefiting landowners, they
shall the
costs must be
paid from county funds.
(E) The petitioner, or any owner in favor of the improvement, may appeal from the order of dismissal, as provided in section 6131.25 of the Revised Code.
(F) An order issued by the board under this section is effective on the day of the hearing at which the board issued it.
Sec. 6131.22. (A) At the final hearing on a proposed improvement, if the petition is not dismissed, the board of county commissioners shall hear any evidence offered for or against the assessment proposed to be levied against any owner or on any land as shown by the schedule of assessments filed by the county engineer and shall hear any competent evidence on the question of benefits.
(B)(1)
The
board, from the evidence offered and from an actual
view of the premises, shall amend and correct the assessments, and
the assessments so amended or corrected shall be approved by the
board. That
part of the assessment that is assessed
(2)
An 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. Such
part of the
(3)
An assessment
as
is found
to benefit state roads or highways shall be assessed against the
state payable from motor vehicle revenues. Such
part of the
(4)
An assessment
as
is found
to benefit county roads or highways shall be assessed against the
county payable from motor vehicle revenues. Such
part of the
(5)
An assessment
as
is found
to benefit any public
corporation or political
subdivision of the state shall be assessed against the public
corporation or political
subdivision and shall be paid out of the general funds or motor
vehicle revenues of the public
corporation or political
subdivision
of
the state,
except as otherwise provided by law. The
board shall approve and confirm
(C)
Upon approving the
assessments,
the
board
shall
order
do
all of the following:
(1)
Order the
engineer to receive bids for the construction of the proposed
improvement, and shall
fix
the date, time, and place for the receiving of bids, which shall be
not less than twenty-five
thirty
days
after the date of the order.
The board shall determine;
(2)
Determine when
the assessments shall
must
be
paid
and
shall
determine;
(3)
Determine whether
bonds or notes shall
must
be
issued in anticipation of and payable out of the installments of
assessments.
(D)
The
board's
board
shall enter the orders
approving the assessments
and
ordering,
the order requiring the
engineer to receive bids, and any
other
orders made at this
the
final hearing,
shall be entered on
in
its
journal. The clerk of the board of county commissioners shall
immediately transmit to the county auditor the schedules listing all
assessments as approved by the board.
(E)
Any
owner opposed to the granting of the petition, or any owner opposed
to further proceedings in the improvement, or any owner who claims
that the assessment levied against
him
the
owner
is
excessive or is not in proportion to benefits, may appeal from any
order made pursuant to this section, as provided in section 6131.25
of the Revised Code.
(F) An order issued by the board under this section is effective on the day of the hearing at which the board issued it.
Sec. 6131.23. (A) The assessments estimated in accordance with section 6131.14 of the 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 notes shall be issued and sold in anticipation of such payments. If bonds or notes are to be issued, the interest shall be added to the assessments.
(B) If the estimated cost of the improvement does not exceed five hundred dollars, not more than two semiannual installments, as taxes are paid, shall be given to owners of lands benefited to pay the assessments that are made for the improvement. If the estimated cost of the improvement exceeds five hundred dollars, the board may determine the number of installments in which the assessments are to be paid. If any such assessment is twenty-five dollars or less, or whenever the unpaid balance of any such assessment is twenty-five dollars or less, the same shall be paid in full, and not in installments, at the time the first or next installment would otherwise become due.
(C)
When
assessments are payable in installments and county general funds are
used to pay for
the improvement, the assessment shall not exceed thirty semiannual
installments,
as computed by the county auditor pursuant to section 6131.49 of the
Revised Code,
and
shall be payable upon completion of the contract.
(D) When assessments are made payable in installments and bonds or notes have been sold to pay for the improvement, interest shall be added to the installments of assessments at the same rate as is drawn by the bonds or notes issued to pay for the improvements. Any owner may pay the estimated assessments on the owner's land in cash within thirty days after the final hearing without paying any interest thereon. If the legislative authority of a political subdivision chooses to pay the assessments on all parcels within the subdivision, both public and private, in one installment, it shall pass a resolution so stating and shall send the resolution, or a copy thereof, to the board of county commissioners before making the payment. The legislative authority shall pay all subsequent maintenance assessments levied under section 6137.03 of the Revised Code if it chooses to pay the construction assessments on all parcels within the subdivision.
(E)
Bonds
may be sold for any repayment period that the board of county
commissioners may determine proper, not to exceed thirty semiannual
installments,
except that for bonds sold by a board of county commissioners for
soil and water conservation district improvements pursuant to section
940.33 of the Revised Code, the repayment period shall not exceed
thirty semiannual installments.
Sec. 6131.24. (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 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.
Sec. 6131.25. (A)
Any
affected owner may appeal to the court of common pleas within
twenty-one
thirty
days
of the date that any order was issued by the board of county
commissioners,
as provided in sections 6131.01 to 6131.64 of the Revised Code
under
this chapter,
and may appeal any one or more of the following questions:
(A)
(1)
Is
the improvement necessary?
(B)
(2)
Will
the improvement be conducive to the public welfare?
(C)
(3)
Is
the cost of the improvement greater than the benefits conferred?
(D)
(4)
Is
the route, termini, or mode of construction the best to accomplish
the purpose of the improvement?
(E)
(5)
Are
the assessments levied according to benefits?
(F)
(6)
Is
the award for compensation or damages just?
(B) The appeal may be taken from any order affecting any part of the improvement as well as from any order affecting the entire improvement.
Sec. 6131.27. If
an appeal is perfected
by filing the bond and statement provided in filed
pursuant to section
6131.26
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
all
the original papers in said proceedings. The clerk of the court of
common pleas shall file such transcript and papers in the court of
common pleas
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.
The
proceedings on appeal in the court of common pleas shall be styled,
"In the matter of the appeal in county ditch or improvement
No_______________, petitioned for by _________________"
Sec. 6131.28. Several
owners may appeal from the orders in the
same improvement
and
file separate bonds and separate statements stating the matters
appealed.
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 case on appeal shall be advanced, or
tried as soon as the court can hear it.
Sec. 6131.30. (A)
The
court of common pleas, on appeal, shall hear the matters appealed de
novo. The
proceedings shall be conducted under the rules of law and procedure
for civil cases. An appeal shall bring into the court all the owners
who in any way may be interested in or affected by the matter
appealed. The court, exercising equitable jurisdiction, shall hear
all matters appealed, except an appeal from an order allowing or
refusing to allow compensation or damages. The court may view the
premises the same as views in other civil cases and shall make such
judgment, order, or decree as is warranted by the evidence. Any owner
aggrieved by the judgment, order, or decree may appeal for a review
of the proceedings, the same as in other civil cases. On appeal, the
burden of proof shall be on the owner having the affirmative of the
proposition, who shall have the opening and closing. The
court, exercising 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
his
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 of not more than twenty-five per cent of the engineer's
preliminary estimate.
The
court of common pleas may appoint a board of arbitrators to assume
the duties of the judge. The board shall be comprised of three
disinterested persons chosen by the judge, who shall designate one of
the persons to be chairman. A decision of the board shall require
approval of a majority of the members. Either party may appeal the
board's decision to the court of common pleas, which shall decide the
case on the record of arbitration.
Sec. 6131.32. 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
issues shall be made by the application or claim filed with the clerk
of the board of county commissioners for compensation or damages, and
the statements in such applications shall be deemed denied. The
claimant for compensation or damages shall have the affirmative and
shall have the opening and closing of the trial. The case shall
proceed pursuant to the law and the rules governing civil procedure,
with the same rights for motions for new trial and the right of
appeal as in other
civil cases. The
jury may view the premises, as in other civil cases. Just
compensation or damages shall be awarded, as provided in the Ohio
constitution.
Sec. 6131.33. The
jury authorized by section 6131.32 of the Revised Code, upon
submission of the case to it under proper charge of the court of
common pleas, and upon a form of verdict provided by the court, shall
return its verdict determining the matter
in issue, upon which verdict a judgment shall be entered by the court
as in other civil cases. The verdict shall be signed by the jury.
Nine or more of the jurors must concur in a verdict. 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 allowance
or compensation
or damages,
or the refusal to allow 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,
or it .
The court also may
direct separate trials for the separate claims and issues,
or any one or more of them. In said proceedings the .
The court shall instruct the jury
shall
be instructed that
in
its verdict for compensation for land taken or for damages to any
land by an improvement it
shall not consider or deduct the value of any benefits that such land
will receive from the construction of such improvement.
Sec. 6131.34. The
court of common pleas shall receive the verdict referred to in
section 6131.33 of the Revised Code, and if no motion for new trial
thereof is filed within three days, which motion may be filed as in
other civil cases and for like causes, or if such motion for a new
trial is overruled, it shall render judgment according to said
verdict, and for or against the owners, separately, if there is more
than one. The court shall tax the costs of appeal, including jury
fees, in favor of the prevailing party, and where two or more appeals
are tried together the court shall divide the costs as is equitable.
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 prosecuting attorney shall represent the county in all appeals on questions of compensation or damages. On appeals of other matters which are tried to the court sitting as a court of equity, the court shall adjudge the costs as it deems just and equitable except as otherwise provided in section 6131.01 to 6131.64, inclusive, of the Revised Code.
Sec. 6131.36. (A) After the final judgment, order, or decree upon 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 granting of the improvement, the board shall proceed with the improvement proceedings in compliance with the final judgment, order, or decree from the point at which they were terminated by the appeal or from the point at which the court orders the board to proceed.
(B)
Upon
the expiration of the twenty-one day appeal period provided in
section 6131.25 of the Revised Code, the clerk of the board of county
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
perfected
to the court of appeals and a supersedeas bond is given
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 or in
the supreme court.
Sec. 6131.42. Any
owner who has suffered any loss or damage by reason of the failure of
the contractor to perform his contract, or by his negligence in
performing the contract, may bring suit against the contractor and
his bondsmento recover the damages so sustained. Two or more owners
who are assessed for the construction of the improvement may in one
suit bring an action against the contractor and his bondsmento
recover the damages which may be sustained by all the plaintiffs by
reason of the failure of the contractor to construct the improvement
according to the contract.
When
two or more owners join in one suit in an action for damage against
the contractor, the jury in one verdict shall find the damages
suffered by all the plaintiffs. The court shall enter judgment on the
verdict in favor of the plaintiffs for the amount of damages, as
found by the jury, and shall at the time of entering the judgment
find what part of said judgment should be paid to each of the
plaintiffs respectively, and shall order the clerk to the court to
pay to each of said plaintiffs the part of said judgment as found by
the court when said judgment is paid. 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.
Sec. 6131.43. (A) Upon the completion of the work 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 for maintenance for one year, shall be levied upon each parcel of land, each public corporation, and each department, office, or institution 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 levied upon the
duplicates of the county, and the assessments shall be a lien upon
the several parcels of land respectively from and after the date of
the order of the board approving and levying the assessments. The
auditor shall be liable on
his
the
auditor's
bond
for any damages sustained by any person by reason of the auditor's
failure to place promptly the assessments upon the proper duplicates
of the county.
(C)
The
county auditor shall transmit to the governing body of any public
corporation political
subdivision affected
by an improvement the assessments levied against it. The governing
body shall authorize payment to be made to the county treasurer of
the county in which the improvement is located from the general fund
of the
public
corporation
political
subdivision,
except
as otherwise provided by law.
(D)
The
county auditor shall also transmit to the director of any department,
office, or institution
of the state, affected by an improvement the assessments levied
against any department, office, or institution of the state. Payment
shall be made to the county treasurer of the county in which the
improvement is located from the drainage assessment fund in the
manner provided by section 6133.15 of the Revised Code. In presenting
their proposed expenses to the director of budget and management
pursuant to section 126.02 of the Revised Code, the directors of all
departments, offices, or institutions of the state shall list all
unpaid assessments received before the first day of October of the
year preceding the first regular session of the general assembly for
the state's proportionate share of the cost of any improvement
authorized or constructed under sections
6131.01 to 6131.64, 6133.10 to 6133.15, and 6135.01 to 6135.27 this
chapter and Chapters 6133. and 6135. of
the Revised Code and all unpaid assessments for maintenance as
provided by sections
6137.01 to 6137.14 Chapter
6137. of
the Revised Code. The assessments so listed shall be included in the
state budget estimates of revenues and expenditures for each state
fund and budget estimates for each state agency prepared and
submitted to the governor under section 126.02 of the Revised Code.
Sec. 6131.47. During
the execution of the work on an improvement, the county engineer
shall cause notice to be given to the owner within seven days in
advance of removal or alteration of a culvert, bridge, fence, or
floodgate, where the removal or alteration is necessary to the
progress of the work of the improvement, to remove or make such
alteration as the engineer finds necessary.
During
the formulation of the plans, the (A)
The county
engineer shall evaluate all culverts and bridges, except those on
state and federal highways, for adequacy of capacity, vertical and
horizontal alignment, and stability. Any
The
county engineer shall schedule any bridge
or culvert found
not conforming that
does not conform with
the design of the drainage
improvement
shall
be scheduled for
removal and replacement or repair as the engineer considers
necessary.
(B)
If,
in the judgment of
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 with
a comparable, adequate culvert or bridge shall
be made at the expense of the project less any costs, which shall be
apportioned by the engineer, for correction, maintenance, or
replacement of the culvert or bridge in whole or in part due to
deterioration or instability had the structure been left in place.
The latter costs shall be specially assessed to the owner.
Any
(C)
The county engineer shall schedule in the project plans any culvert
or bridge, except those on state and federal highways, that
is washed
out in whole or part, but that
otherwise
meeting
meets
the
requirements of the drainage
improvement,
shall
be scheduled in the project plans for
such repairs, additions, or other corrective measures as
in the opinion of the engineer are necessary
to the
preservation of preserve
the
bridge or culvert,
the .
The costs
of
which shall
be assessed to the appropriate
owner
for
reasons that the culvert or bridge was improperly designed and
constructed.
(D) Fences and floodgates impeding the flow of water shall be removed as a part of the drainage improvement. Replacement may be made by the owner, provided that 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 he
makes the
owner does all of the following:
(1)
Makes written
application to the county engineer within ten calendar
days
after the final hearing,
furnishes;
(2)
Furnishes the
work and materials in accordance with the specifications for the
improvement,
performs same;
(3)
Performs the work so
as not to delay the project contractor,
and completes;
(4) Completes the work prior to the completion of the work on the whole improvement.
Should
(G)
If the
owner default
defaults
on
any or all of these conditions, the county engineer shall recommend
to the board of county commissioners that the default be completed by
an extra work order to the project contractor and its cost assessed
to the owner.
Sec. 6131.50. (A)
The
board of county commissioners of each county shall
may
provide
and establish the "general drainage improvement fund,"
which
fund shall to
be
used as a sinking fund for all bonds issued under sections 6131.01 to
6131.64, inclusive, of the Revised Code. Said
(B)
The fund
shall
may
consist
of
any
of the following:
(A)
(1)
Any
taxes levied and collected for ditch and drainage purposes under
county levies, not by law otherwise disposed of;
(B)(2)
The
proceeds of all bonds issued and sold under sections 6131.01 to
6131.64, inclusive, of the Revised Code;
(C)(3)
The
collections from all special assessments for benefits to property, as
provided in such sections;
(D)(4)
Such
other funds as by law are provided to be paid therein.
Sec. 6131.51. (A)
All
costs and expenses of improvements under
sections
6131.01 to 6131.64 of the Revised Code
this
chapter,
including contract prices of construction and the costs of locating
the improvement, shall
may
be
paid from the general drainage improvement fund. No
warrants shall be drawn to be paid from the fund unless it contains a
sufficient amount not otherwise specifically appropriated to pay
them.
(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 contingently 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 drainage improvement fund, an amount of the general revenue funds in the county treasury equal to the deficiency, unless otherwise appropriated, may by resolution of the board of county commissioners be transferred to the general drainage improvement fund.
(C) At any time after assessments collected for a drainage improvement exceed the amount allocated to the board for engineering expenses, the board of county commissioners may by resolution transfer from the drainage improvement fund to the general revenue fund of the county an amount equal to that amount as reimbursement of the sum previously transferred under section 6131.12 or 6131.30 of the Revised Code.
Sec. 6131.52. The
(A)
If necessary, the board
of county commissioners, at
its each
March
session,
annually,
shall,
if necessary,
levy
upon the grand duplicate of 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 it
the
board or
for which the county has been assessed under sections
6131.01 to 6131.64, 6133.01 to 6133.15, 6135.01 to 6135.27, or
6137.01 to 6137.14 this
chapter or Chapter 6133., 6135., or 6137. of
the Revised Code,
which tax, when .
When collected,
the
tax shall
be credited to the general drainage improvement fund.
(B)
For
the purposes of sections
6131.01 to 6131.64, 6133.01 to 6133.13, 6135.01 to 6135.25, and
6137.01 to 6137.14 this
chapter and Chapters 6133., 6135., and 6137. of
the Revised Code, the board of county commissioners may levy a tax
under division (X) of section 5705.19 of the Revised Code upon all of
the property listed and assessed for taxation in the county. In
addition to the actions required under section 5705.19 of the Revised
Code, the board shall cause to be filed with the county auditor and
the board of elections of the county, at least sixty days prior to
the passage of the resolution required under that section,
an accurate map showing the locations and types of any proposed
improvements, the areas to be benefited, and the existing system of
drainage improvements that is to be maintained from the proceeds of
the levy.
Any
funds collected as a result of such a levy shall
may
be
credited to the general drainage improvement fund of the county in
which the tax is levied.
(C)
For
the purposes of sections
6131.01 to 6131.64, 6133.01 to 6133.13, 6135.01 to 6135.25, and
6137.01 to 6137.14 this
chapter and Chapters 6133., 6135., and 6137. of
the Revised Code, the board of county commissioners may adopt a
resolution designating any portion of the county as a drainage
improvement district. If a copy of the resolution and a map or legal
description of the district's boundaries have been filed with the
county auditor in such form as the county auditor prescribes, the
board may levy a tax within the district under division (X) of
section 5705.19 of the Revised Code. The board shall base its
designation on the location of a system of drainage improvements and
on the areas to be benefited by that system. The proceeds of the levy
shall only be used for the construction and maintenance of the system
of drainage improvements within the drainage improvement district.
For the purposes of this section, the board of county commissioners is constituted the "taxing authority" and the county auditor is the "fiscal officer," within the purview of Chapter 5705. of the Revised Code.
Sec. 6131.55. (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
sections
6131.01 to 6131.64, 6133.01 to 6133.11, or 6135.01 to 6135.27 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
his
the
owner's
land
is located, against the board of county commissioners in its official
capacity, to recover any tax or assessment therefor,
if paid,
to enjoin any tax, assessment, or levy therefor
upon
his
the
owner's
lands,
to recover for any damages sustained, or for compensation for any
property taken. The
owner's rights and remedies in the action shall be the same as for
any like demand. In the action the
(B)
The board
may plead and prove the value of any actual benefit to the land by
reason of the improvement
in
litigation.
(C) The rights granted by this section shall be in addition to all other rights provided by law.
Sec. 6131.60. If
one or more members of a board of county commissioners 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
freeholders
owners
of
the county as are necessary to take the place of the interested
members. The
appointees shall not be related by blood or affinity to the
interested members. They shall before acting be sworn to perform
faithfully and impartially the duties of the members in the matter of
the improvement, which oath shall be signed by them and by the
officer before whom the same is taken and filed with the clerk. Upon
appointment and qualification the appointee The
appointees shall,
in the proceedings upon the improvement,
perform
all the duties of the disqualified members and shall
may
receive
from the general drainage improvement fund the same per diem rate as
the
disqualified
member
receives, as shown by the record for such services, and the amount so
paid shall be costs taxed in the proceedings
members
receive.
Sec. 6131.63. Except
when an owner whose land is used for agricultural purposes desires to
install tile by extending or adding to his own laterals or desires to
expel water therefrom into an open ditch on his own land in the same
watershed, when (A)
When one
or more owners desire
to join in the construction of an improvement that will benefit the
land of the owners, and when the owners are
willing to construct the
and
pay the costs of a drainage improvement
and
pay the cost thereof
that
will benefit the land of the owners,
they may enter into a written agreement for the construction of the
improvement, or
they may enter into an agreement to construct such which
may include each owner constructing part
of the improvement
as
a person mutually agreed upon apportions to each of them
respectively.
In
the agreement the owners shall provide that
(B)
The owners shall file the
agreement and the plan and schedules for
construction of
the proposed improvement shall
be filed with
the clerk of the board of county commissioners of the county in which
the improvement is to be constructed. When
the agreement and schedules are so signed, the plan is approved by a
professional engineer registered in this state, and the agreement,
schedules, and plan are filed with the clerk of the board of county
commissioners, the The
clerk
shall immediately
refer submit
the
agreement, plan, and schedules to the county engineer for examination
and review.
(C)
The
county engineer shall determine the adequacy of the plan and
schedules and the effect of the proposed improvement on any other
improvements and on
any highways
in the area
affected.
(D)
The
county engineer shall also prepare a schedule of proposed assessments
for the maintenance of the improvement according to an estimate of
benefits accruing to each owner and an estimate of maintenance costs
including the engineer's costs in preparing the schedules. The
board shall pay the engineer's costs out of the county general fund.
(E)
The
engineer shall file with the clerk of the board of county
commissioners, within sixty days, a report of
his
the
engineer's
review
together with such recommendations for change, amendment, or
alteration of the agreement, plan, and schedules
as
he may determine to be necessary in the public interest.
(F) When the agreement, plan, and schedules, as presented or as amended by the owners pursuant to the county engineer's recommendations, are approved by the county engineer, the engineer shall file, within sixty days, a certificate of approval with the clerk of the board of county commissioners. Failure to file a certificate of approval within sixty days constitutes a presumption of certification and the owners may proceed to construct.
Upon
the filing with the clerk of the board of county commissioners of the
schedule of maintenance assessments prepared by the county engineer
as provided by this section, together with his certificate of
approval, the
(G)
The board
shall proceed
to set
a hearing date on the engineer's
proposed
maintenance assessments for
the drainage improvement not
less than twenty-five nor more than ninety days thereafter
after
the engineer files a certificate of approval and
shall notify all persons whose names appear in the engineer's
schedule of maintenance assessments in accordance with section
6131.16 of the Revised Code. At the hearing on the proposed
assessments the board of county commissioners shall hear any evidence
offered for or against the assessments proposed to be levied against
any owner as shown by the schedule of assessments filed by the county
engineer and shall hear any competent evidence on the question of
benefits.
(H) The board, from the evidence offered, may amend and correct the assessments, and the assessments so amended or corrected shall be approved by the board and the approval entered on its journal. Once the assessments have been approved, all further proceedings in connection with the maintenance of the improvement shall be in accordance with Chapter 6137. of the Revised Code.
(I)
The
clerk shall record the agreement, plan, and schedules in the drainage
records of the county, and the agreement shall locate and establish
the improvement as a
public
watercourse
drainage
improvement.
The improvement shall then be constructed by the owner in accordance
with the approved plans.
(J) This section shall not be interpreted to include improvements or changes in stream channels that may be made by the department of transportation or other public agencies or railroads at their own expense for the purpose of providing a more adequate waterway along a highway or at the site of a bridge or culvert or to improve conditions of flow through them or for the purpose of protecting the highway or road bed and that do not limit future deepening of the channel.
Sec. 6131.631. (A)
When
construction of a new single span bridge or culvert or extension of
an existing culvert that will limit the future deepening of a public
watercourse is contemplated
in connection with the construction of a state highway or other
public improvement, the director of transportation or other public
agency proposing the construction shall file plans for the
construction with the clerk of the board of county commissioners of
the county in which the construction or improvement is to be
constructed,
who .
(B)
The clerk shall
immediately refer the plans to the county engineer for
examination and review.
The
county engineer who
shall
review the proposed location, both horizontal and vertical, of the
proposed structures and the effect of the proposed improvements on
any other improvements and on any highways in the area.
(C) The county engineer shall file, within sixty days, with the clerk of the board of county commissioners and the director of transportation or other public agency a report of the review with such recommendations for change, amendment, or alteration in the plans for the proposed improvement as the engineer may determine to be necessary in the public interest.
(D)
When
the plans for the proposed improvements as presented, or as amended
pursuant to the county engineer's recommendations, are approved by
the county engineer, the engineer shall file, within sixty days, a
certificate of approval with the clerk of the board of county
commissioners. If the engineer
does not file such a report of
his
the
engineer's
review
with the clerk within sixty days after the date that the plans were
referred to
him
the
engineer,
the engineer's approval shall be presumed by the clerk.
(E) The improvement shall then be constructed in accordance with the approved plans at the expense of the department of transportation or other public agency.
Sec. 6131.64. (A) Upon a petition being filed and a bond given as provided for the location and construction of an improvement, and upon the same proceedings with notice to interested parties for a hearing upon the petition, and with the same hearing as is provided for the location of an improvement, the board of county commissioners may determine whether any ditch or drain described in the petition has ceased to be a public utility, whether the public welfare no longer demands the maintenance thereof, and whether its vacation will be to the advantage of the public welfare.
(B)
If
the board finds that the vacation of the ditch or drain will be
conducive to the public welfare, it may declare the same to be
vacated and abandoned as a public ditch or drain and its location and
establishment held for naught. The private rights of persons acquired
by reason of the location and establishment of the ditch or drain
shall not be interfered with nor impaired thereby
without
due compensation being made
therefor,
which compensation may be assessed on property that is benefited by
the vacation of the ditch or drain.
(C)
All
proceedings relating to the vacation of a ditch or drain shall be
conducted in accordance with
sections
6131.01 to 6131.64 of the Revised Code
this
chapter,
with all rights of appeal as provided in such sections.
Sec. 6133.01. As
used in sections
6133.01 to 6133.11, 6133.14, and 6133.15 of the Revised Code,
"owner," this
chapter:
(A)
"Owner," "person,"
"public corporation," "land," "benefit,"
and "improvement" have the meaning
set forth 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.
Sec. 6133.02. (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. In
such case, the
(B)
The petition
for the
a
joint county drainage improvement
shall be filed with the clerk of the board of county commissioners of
the lead
county
in
which the majority of the proposed improvement is located.
Sec. 6133.03. (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. The
proceedings
(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.
The
(C)
The cost
of a joint county improvement shall be paid by
the counties affected by such improvement, in proportion to their
total ditch
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. All
rights of appeal, and all other rights or remedies as provided in
sections 6131.01 to 6131.64 of the Revised Code, apply to joint
county improvements. All officers doing any acts or making any
findings for or against such improvement shall perform all the duties
required of them under such sections.
(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.
The
proceedings in joint county improvements shall be the same as the
proceedings in single county improvements except as modified in
sections 6133.02 to 6133.11 of the Revised Code.
All
rights of appeal and all other rights or remedies as provided in
Chapter 6131. of the Revised Code apply to joint county improvements.
Sec. 6133.04. (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 in
the county in which the petition is filed and
organize a joint board of county commissioners by electing one of
their number president. The
(B)
The clerk
of the board of county commissioners of the lead
county
in
which the petition is filed 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
his
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
his
the
clerk's
county.
The clerk shall file
certified provide
copies
of all proceedings with the clerks of the boards of all affected
counties. A
(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. The
(D)
The director
of the
department 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. After
(E)
After the
view of the
a
proposed improvement
by the joint board
of
county commissioners,
all hearings shall be held in the lead
county
in
which the petition is filed
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.
Sec. 6133.041. (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 proceedings
regarding existing improvements 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
proceeding
meeting.
The participation
of any commissioner or board of county commissioners in a video
conference or teleconference shall occur at the location of the
commissioners' main office or board room 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 ditch
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 proceeding
meeting
in
a manner authorized by this section.
Sec. 6133.05. In
the matter of an improvement under sections 6133.02 to 6133.11 of the
Revised Code, there shall be included as a portion of the costs and
expenses to be paid by the petitioners, if the petition authorized by
section 6133.02 of the Revised Code is dismissed, or assessed to them
as a part of the costs, if the petition is granted, the (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.
Sec. 6133.06. (A)
Upon
the filing of the
a
petition
authorized
by under
section
6133.02 of the Revised Code, the clerk of the board of county
commissioners with
whom the petition is filed of
the lead county shall
call a joint meeting of the boards of county commissioners of all the
affected
counties
interested
to
be held at a designated place in the county
in which the petition is filed affected
area at
a date not more than thirty days after the filing of the petition for
the purpose of organizing the joint board. The
(B)
The clerk
of
the lead county shall
give notice of the filing of the petition and of the meeting to the
board of
his
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. All
applications, remonstrances, claims for compensation or damages,
reports, schedules, certificates, statements, contracts, bonds, and
other papers shall be filed with the clerk with whom the petition is
filed.
(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.
Sec. 6133.07. (A)(1)
The
county auditor and county treasurer of the lead
county
in
which the petition authorized by section 6133.02 of the Revised Code
is filed shall ex officio become are
the
fiscal agents of all the counties interested in the proposed
improvement. Such
(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 proceed
forthwith to 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. The
(C)
The treasurer
of
each county shall
proceed to collect the same
assessments
pursuant
to the orders made in said
the
proceedings
for
a joint drainage improvement,
and such
shall
pay the assessments
when
collected shall be paid to
the treasurer of the lead
county
in
which the petition was filed.
The
(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.
The treasurer
and
the
auditor with
their
bondsmen
bonders
shall
be liable on their official bonds for any misappropriation of such
funds. All
(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
in
which the petition is filed,
on
the treasurer of said
the
lead county,
payable out of the general ditch
drainage
improvement
fund of said
the
lead county.
If
the
(F)
If a petition
for the
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
in
which the petition was filed, and
credited to the general ditch
drainage
improvement
fund of said
the
lead county.
Sec. 6133.08. (A)
The
joint
board may designate the county
engineer
of the lead
county
where
the petition is filed to do is
responsible for the
field work and shall
make
the survey, plans, and estimates,
but the
for
the joint drainage improvement. The county
engineer
of each affected
county
interested
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
interested
and
shall be filed with the clerk
with
whom the petition is filed
of
the lead county.
If
the engineers of the several counties interested do not concur in the
reports or schedules, separate reports or schedules may be filed by
one or more of the engineers, and the costs thereof shall be paid by
the counties from which the separate reports or schedules are filed.
In making
up the schedules and reports the engineers shall proceed to make the
schedules and reports of the improvement the same as if the
improvement were an improvement within a county of the size of the
several counties interested in the proposed improvement. The
engineers who do not make the survey may make such observations and
take such levels as are necessary to assist them in making their
schedules and in arriving at the proper amount to be assessed against
each tract of land.
(B)
The
county
engineer
who
did the field work and made the survey and plans 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,
and shall do all things to be done by an engineer after the letting
of the contracts
under
Chapter 6131. of the Revised Code.
Sec. 6133.09. (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
ditches
drainage
improvements.
Claims
(B)
Claims for
compensation for land taken or for damages to land may be appealed by
an affected
owner
interested,
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. All
(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. The
(2)
The county
auditor of the lead
county
in
which the petition is filed 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
in
which the petition is filed 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.
Sec. 6133.10. (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
interested,
sitting en banc.
If
(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 does
not care or
refuses to
hear the
a
case,
the chief justice of the supreme court shall designate a judge to sit
in
his
the
judge's
place.
Appeals
(B)
All appeals on
claims for compensation or damages shall be tried by jury as provided
in sections
6131.01 to 6131.64, inclusive, Chapter
6131. of
the Revised Code.
Sec. 6133.11. (A)
If
the
a
joint
board of county commissioners finds
for the approves
a proposed joint drainage improvement
and
but,
at
the final hearing
for
the improvement,
is
unable to agree upon
on
the
amount to be assessed to each
an
affected county
to
be paid by the county because the
improvement is for
improvements conducive
to the public welfare, or of benefit to public highways or to
land
owned by the
an
affected county,
then
such the
joint
board shall by resolution state the
fact that
such
the
joint
board is not able to agree
as
to such fact
on
the assessments.
Upon
(1)
Upon the
adoption of such
the
resolution,
the question shall be appealed to the court of common pleas as is
provided in sections
6133.02 to 6133.11,
inclusive,
of
the Revised Code. No
(2)
No bond
on appeal need be filed,
and
the
resolution of the joint board stating
such inability to agree shall
be deemed the statement on appeal. The
(3)
The clerk
of the joint board shall perfect the appeal by filing a transcript,
including
of
the
resolution
of
the joint board finding that the joint board cannot agree, with all
of the original papers, in the court
and
the record of proceedings for the joint improvement.
The
(B)
The court
shall hear such
an
appeal
under
this section the
same as other appeals under sections 6133.02 to 6133.11,inclusive,
of
the Revised Code,
and
make such order as to costs as is equitable.
Sec. 6133.14. The
state shall pay to the county treasurer of the lead
county
in
which the petition for a drainage improvement was filed 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.
Sec. 6137.01. As
used in
sections
6137.01 to 6137.14, inclusive, of the Revised Code, "owner,"
this
chapter:
(A)
"Owner,"
"benefit,"
"lead
county," and
"improvement,"
have the meaning
set forth same
meanings as in
section 6131.01 of the Revised Code.
(B) "Force account" has the same meaning as in section 5543.19 of the Revised Code.
Sec. 6137.02. (A)
The
board of county commissioners of each county shall establish and
maintain a fund within each county for the repair, upkeep, and
permanent maintenance of each improvement constructed under
Chapter 6131. of the Revised Code. After after
August
23, 1957,
a
maintenance fund also shall be established and maintained by each
joint board of county commissioners for the repair, upkeep, and
permanent maintenance of each improvement constructed under Chapter
6133. of the Revised Code. A maintenance fund shall also be
established for the repair, upkeep, and permanent maintenance of each
improvement constructed under Chapter 6135. of the Revised Code if
the necessary privilege to do so has been granted by the legislature
of the other state
under
Chapter 940., 6131., 6133., or 6135. of the Revised Code.
If
(B)
If the
improvement affects only a single county of the state, the board of
county commissioners of that county shall establish and maintain the
fund. If two or more counties of the state are affected by the
improvement, the joint board of county commissioners organized under
Chapter
Chapters
940., 6133., and 6135.
of the Revised Code shall establish and maintain the fund.
Sec. 6137.03. (A)(1)
The
maintenance fund shall be maintained, as needed, by an assessment
levied not more often than once annually upon the benefited owners,
as defined in section 6131.01 of the Revised Code,
apportioned
on the basis of the estimated benefits for construction
all
costs of
the improvement. An
(2)
An assessment
shall represent such a percentage of the estimated benefits as is
estimated by the engineer and found adequate by the board or joint
board to effect the purpose of section 6137.02
of the Revised Code, except that at no time shall
a maintenance fund have an unencumbered balance greater than twenty
per cent of
all
construction costs of the improvement
the
permanent assessment base for maintenance established under section
6137.11 of the Revised Code.
The
(3) The minimum assessment shall be two dollars.
The
(B)
A maintenance
assessment shall be made by the board of county commissioners in
the case of a single county improvement, or
by
the
joint board in
the case of a joint of
county
improvement,
commissioners
upon
the substantial completion of an
a
drainage improvement
and
on or before the first day of July in each year thereafter.
The maintenance
assessment
shall be certified by the clerk of the board or
joint board to
the county auditor in case of a single county improvement, and to the
county auditor of each affected
county
interested
in the case of in
a
joint county improvement,
and .
The auditor or auditors shall
be
placed by the auditor or auditors place
the assessment on
the next succeeding tax duplicate to be collected and paid as other
special assessments are collected and paid.
(C) With respect to a single county improvement, the county engineer shall inspect the drainage improvements in the county. On or before the first day of July of each year, the county engineer shall report to the board of county commissioners both of the following:
(1) The county engineer's findings regarding the present condition of the drainage improvements in the county;
(2) An estimate of the amount of funds necessary to repair and maintain the improvements for the following year.
With regard to a joint county improvement, the county engineer of each applicable county shall make such a report to the joint board.
(D)(1) The board shall use the county engineer's estimate to determine the annual drainage maintenance assessments, which shall be based on a percentage of the permanent assessment base.
(2) On or before the second Monday of September in each year, the board shall direct the county auditor or auditors, as applicable, to place the maintenance assessments on the tax duplicate.
(E)(1) With respect to a single county improvement, the county auditor shall place maintenance assessments received for a drainage improvement into the maintenance fund designated for the drainage improvement.
(2) With respect to a joint county improvement, the county auditor of each county that is not the lead county shall place maintenance assessments received for a drainage improvement into the maintenance fund designated for the drainage improvement. Twice a year, each county auditor of a county that is not a lead county shall transfer money in that fund to the county auditor of the lead county, who shall deposit the money into the joint drainage improvement's maintenance fund. The county auditor of the lead county shall place maintenance assessments received in the lead county for the drainage improvement into the joint drainage improvement's maintenance fund.
Sec. 6137.04. (A)(1)
The
board of county commissioners, upon recommendation of the county
engineer, is
hereby authorized to may
combine
improvements within
the same watershed into
a drainage maintenance district, in which the maintenance assessment
shall be the same percentage of original cost for each
improvement to be maintained. In
grouping
(2)
In combining improvements
into drainage maintenance districts, the county engineer and the
board of county
commissioners
shall consider uniformity
similarity
of
costs,
topography,
and
soil types
so that improvements within the same district represent
present
substantially
the same maintenance problem
issues
and
can
be kept in proper repair at cost sufficiently uniform as to
constitute no substantial inequity for any owners to be included in a
district maintenance program
costs.
The county auditor shall maintain one drainage maintenance fund for
each such district. A
(3) A maintenance district may include all or any part of a county.
(B) The board of county commissioners, upon recommendation of the county engineer, may combine improvements in accordance with the type of improvement into one drainage maintenance fund so that ditches or drains that are enclosed in tile, or other improvements having similar maintenance costs, may be administered for maintenance under the same maintenance fund.
(C)(1)
In
the case of each joint county ditch
drainage
improvement,
the county auditor of the lead
county
having
the majority of the improvement shall
maintain a separate maintenance fund for the improvement. The
(2) The owners subject to the original assessment for the improvement shall constitute one maintenance district for the purpose of repair, upkeep, and maintenance of the improvement.
(3)
The
county engineer of the lead
county
having
the majority of the improvement shall
serve as the county
engineer
in charge of maintenance and, after consultation with the engineer
of any other county affected, shall annually file a report of
inspection with a recommendation as to the amount of the maintenance
assessment by the same procedure as provided by section 6137.03 of
the Revised Code for assessment in the case of a single county
ditch
drainage
improvement.
Sec. 6137.05. (A)
The
maintenance fund created
established
under
authority
of section
6137.01
6137.02
of
the Revised Code shall be subject to use of the board of county
commissioners,
or
joint board of county commissioners,
as the case may be,
for
the necessary and proper repair or maintenance of any drainage
improvement
constructed under sections
6131.01 to 6131.64, 6133.01 to 6133.15, and 6135.01 to 6135.27
Chapters
940., 6131., 6133., and 6135. of
the Revised Code.
(A)
(B)
Whenever
the board, or the joint board, from its own observation or the
recommendation of the county engineer
or
the lead county's county engineer,
or on the written complaint of any of
the owners of lands owner
of land subject
to the maintenance assessment, has reason
to believe the improvement is in identified
a need
of
for
the repair
or maintenance
of
a drainage improvement,
it
shall as a board, or by the
county engineer,
make an inspection of its
shall
inspect the
condition,
and, if it finds the need to exist, it shall make an estimate of the
cost of the necessary work and material required for the purpose. If
the nature of the work is such as to be done most economically and
expeditiously by force account, the board shall cause the proper work
to be done by that method under the supervision of the county
engineer and certify the costs to the county auditor or county
auditors for payment from the maintenance fund. If the finding is
that necessary repair and maintenance on an improvement or
improvements within a maintenance district can be more economically
or efficiently done
by contract, the board, or joint board in the case of a joint county
improvement, shall cause the engineer to prepare proper
specifications, covering the requirements for the particular case, to
advertise for bids thereon, as in the case of original construction,
under section 6131.24 of the Revised Code, and to let the contract
for the required work and material to the lowest and best bidder,
who, upon the performance of the work certified by the engineer,
shall certify the same to the auditor or auditors for payment from
the maintenance fund
of
the drainage improvement.
(B)
When the repair or maintenance is upon a joint county ditch
improvement, the amount of the cost thereof shall be certified to the
auditor of each of the counties into which the ditch extends and has
lands subject to the maintenance fund assessment, and the certificate
shall state the proportional part of the cost to be paid from the
portion of the maintenance fund in the county, according to the
original apportionment of benefits on the owners in the county
subject to maintenance assessment. Upon the certificates being
received, the auditors of the counties obligated shall immediately
forward their several amounts or vouchers therefor to the auditor of
the county having the majority of the improvement through whose
office, from the aggregate payments of all the counties interested,
the payment for the work and material, whether by force account or
contract, shall be paid. The location of the work required on a joint
county improvement, whether in one county or another, or whether
extending into two or more counties, shall not affect the obligation
of contribution for any necessary work upon the improvement in any
portion of its length wherever located, the improvement for
maintenance purposes being considered a single unit. As far as
applicable, the
procedures provided by section 6133.08 of the Revised Code with
respect to cooperation of county engineers in field work shall apply
to maintenance of joint county improvements.
The
repair and maintenance on any improvement may be done in part by
contract and in part by force account, it being the duty of the board
of county commissioners, or the joint board of county commissioners,
and the county engineer to use the best and most economical methods
under local conditions for the various phases of the maintenance
program, such as excavating, clearing, cleaning, snagging, physical
and chemical control of land and aquatic vegetation, and repair of
banks and structures.
(C) If the county engineer finds that the drainage improvement is in need of repair or maintenance, the county engineer shall do all of the following:
(1) Make an estimate of the cost of the necessary work;
(2) Determine the most efficient and economical manner to complete the work, including conducting the work in various phases if determined necessary. The county engineer shall take into account local conditions that may pertain to a maintenance program such as excavation, snagging, clearing, cleaning, physical and chemical control of vegetation, and reparation of banks and structures. The county engineer may determine whether the work shall be performed by force account, contract, or a combination of the two. However, if a contract is used for the work, the county engineer shall comply with sections 307.86 to 307.92 of the Revised Code.
(3) Determine a schedule for completion of the work subject to the availability of funds in the appropriate maintenance fund;
(4) Certify the actual cost of completion of the work to the county auditor or lead county's county auditor for payment from the appropriate maintenance fund.
(D) The board or joint board and the county engineer may contract with a soil and water conservation district for the repair, upkeep, and permanent maintenance of any drainage improvement for which the county engineer is responsible, whether as the county engineer or as the lead county engineer.
Sec. 6137.051. (A)
Whenever
the owner of any lands assessed for construction of an improvement
authorized prior to August 23, 1957, files a written complaint that
the improvement is in
need of repair, the county engineer or
his
the
county engineer's
designated
representative shall make an inspection of the condition of the
improvement within sixty days of receipt of the complaint and shall
request the owner to
accompany
him
be
present at the inspection.
If
(B)
If the
county engineer finds that a need exists,
he
the
county engineer
shall
make an estimate of the cost of the necessary work and material
required for the repair. The
(C)
The board
of county commissioners, if it finds the work to be necessary and
feasible, may authorize the county engineer to make the repairs at a
cost not to exceed four
twenty-four
thousand
dollars. For
(D)
For the
purpose of paying for the necessary work and materials, the board of
county commissioners may establish a drainage repair fund for the
improvement to be repaired. The county engineer shall prepare and
submit a schedule of assessments upon the benefiting lands to the
board of county commissioners in the amount of the actual costs of
the repair. The
board of county commissioners may revise the estimated assessments as
they consider equitable and shall certify the assessments to the
county auditor for collection. Not
(E)
Not more
than four
ten
semiannual
installments, as taxes are paid, shall be given to owners to pay for
the repair assessments, and if any such assessment is twenty-five
dollars or less, or whenever the unpaid balance of any such
assessment is twenty-five dollars or less, the same shall be paid in
full, and not in installments, at the time the first installment
would otherwise become due. If
the drainage repair fund for the improvement to be so repaired is
inadequate for the repair, the board of county commissioners may make
payment for the repair from the county general fund, which sum so
paid from the general fund shall be a charge against the appropriate
drainage maintenance fund to be repaid to the general fund as soon as
adequate funds are available in the drainage maintenance fund.
Sec. 6137.06. The
(A)
With regard to a single county improvement, the county
engineer shall
have has
general
charge and supervision of the repair and maintenance of all county
and
joint county ditches, drains, watercourses, and other drainage
improvements within
his county constructed
under sections
6131.01 to 6131.64, 6133.01 to 6133.15, 6135.01 to 6135.27, and
6137.051 Chapters
940., 6131., 6133., and 6135. of
the Revised Code. The
county engineer shall make an inspection of the drainage improvements
and, on or before the first day of June in each year, shall report to
the board of county commissioners the condition of the drainage
improvements and his estimate of the probable amount of funds
required to repair and maintain them. The estimates shall relate to
the year beginning on the first day of July next ensuing and shall be
for the information of the board of county commissioners in making
their annual drainage maintenance
levies.
The
engineer shall approve all estimates that are paid from the county
drainage maintenance fund for the repair and maintenance of drainage
improvements. With
regard to a joint county improvement, the lead county engineer has
general charge and supervision of the repair and maintenance of all
joint county drainage improvements constructed under Chapters 940.,
6131., 6133., and 6135. of the Revised Code.
(B) The duties of the county engineer with respect to maintenance of any drainage improvement begin upon the substantial completion of the improvement. In preparing plans and specifications for repair and maintenance of a drainage improvement, the county engineer shall provide for necessary clearing of tree and brush growth, removal of silt bars, spreading and leveling of spoil banks, and the preservation of a sod or seeded strip as provided in the case of new construction under section 6131.14 of the Revised Code.
(C)
Any
number
of persons person
owning
land along a ditch,
drain, watercourse, or other drainage
improvement may form an advisory committee for the purpose of
notifying the county engineer of any repair and maintenance work that
needs to be performed on the improvement. A committee formed for this
purpose shall submit their
recommendations
to the county
engineer
not later than the first day of May of any year in which its members
desire to notify
him
the
county engineer
of
needed work. In determining the condition of the improvement in
accordance with this section, the county
engineer
shall consider the committee's recommendations.
The
county auditor, before he issues his (D)
Before issuing a warrant
for any moneys expended by the county for repair
or maintenance of any drainage improvement, the
county auditor shall
require of the county engineer the assignment of the expense to the
improvement or the drainage maintenance district in connection with
which the expense was incurred. The county
auditor
shall keep such records as are necessary to show clearly at the close
of each year the amount of money expended from the drainage
maintenance funds on each drainage improvement or each drainage
maintenance district.
(E)
The
county
auditor
shall
may
establish
and maintain a rotary fund for the purchase of equipment, materials,
and labor related to the general maintenance of watercourses
drainage
improvements under
Chapter
6137. of the Revised Code
this
chapter.
This
The
county auditor shall establish and maintain the fund
shall
be established and maintained by
a proportionate withdrawal from the funds of each drainage
improvement or each drainage maintenance district.
(F)
The
county
engineer
shall establish a rental rate for equipment purchased with this
the
rotary fund.
This rate shall be used in charging the equipment, along with
material and labor, to the drainage improvement upon which it is used
in order to reimburse the rotary fund.
The
duties of the county engineer with respect to maintenance of any
drainage improvement shall begin upon the substantial completion of
the improvement.
In
preparing plans and specifications for repair and maintenance of open
ditches and in carrying out the plans either by contract or force
account, the county engineer shall provide for necessary clearing of
tree and brush growth, removal of silt bars, spreading and leveling
of spoil banks, and the preservation of a sod or seeded strip as
provided in the case of new
construction under section 6131.14 of the Revised Code, in addition
to the various phases of maintenance set forth in section 6137.05 of
the Revised Code.
Sections
6131.01 to 6131.64 of the Revised Code apply to the maintenance fund
with respect to receiving bids, statements required in bids, letting
contracts, competitive bidding, time allowed under contract,
supervision of contractor's work, certification for payment, and
other related matters.
Sec. 6137.07. (A) As used in this section, "drainage equipment" means machinery, tools, conveyances, or other equipment for the repair and maintenance of drainage improvements a board of county commissioners considers necessary.
(B)
The
board of county commissioners may purchase
such machinery, tools, conveyances, or other do
both of the following:
(1)
Purchase drainage equipment
for
the repair and maintenance of drainage improvements under its
jurisdiction as it considers necessary;
(2) Provide a suitable place to house and store the drainage equipment.
All
such machinery, tools, conveyances, or The
county engineer shall be responsible for the care and custody of the
drainage equipment
shall
be under the care and custody of the county engineer and
shall be
plainly
and conspicuously marked
mark
it as
the property of the county. The
(C)
The county engineer
shall annually, on the first
day second
Monday of
June
January,
make an inventory of
all
such items
the
drainage equipment,
indicating each article and stating
the
its
estimated
value
thereof,
and deliver the inventory to the board,
which
of
county commissioners. The board
shall
cause
it to be placed
keep
the inventory
on
file. At
the same time he shall The
county engineer may file
with
the board his written
recommendations as
to what machinery, tools, conveyances, and with
the board for drainage equipment
that
should
be purchased for use in the county drainage maintenance program
during the ensuing year and the
its
estimated
cost
thereof.
The
board shall provide a suitable place for housing and storing
machinery, tools, conveyances, and equipment owned by the county. (D)
All
expenditures authorized by this section shall be paid out of the
drainage maintenance fund or funds. If the drainage maintenance fund
at any time is inadequate for such purchase or other expenditure, the
board of county commissioners is authorized to make the payment from
the county general fund, which sum so paid from the general fund
shall be a charge against the drainage maintenance fund or funds to
be repaid to the general fund as soon as adequate funds are available
in the drainage maintenance fund or funds.
Sec. 6137.08. Any
(A)
An owner
may make application for reduction in
his
the
owner's
maintenance
assessment due to work
he
the
owner
proposes
on any portion of a public ditch, watercourse, or other improvement.
The application shall be filed with the county engineer on or before
the first day of May in any year and shall state the nature of the
work to be done, such as clearing brush, removing silt or debris,
repair of structure, or other work necessary to preserve the
improvement. The
(B)
The county
engineer, in making inspections of the drainage
improvements, shall note the extent to which any owner that
has applied for a reduction of the maintenance assessment under
division (A) of this section has
carried out such repair and maintenance work. In
(C)
In making
the annual report and estimate to the board of county commissioners,
the county
engineer
shall include a schedule containing the name of each owner who has
applied for reduction of maintenance assessment due
to performance of repair and maintenance work under
division (A) of this section and
the percentage reduction, if any, that the county
engineer
recommends be granted to
each
owner. The
(D)
The board
of
county commissioners shall
either confirm or reject the allowances recommended by the county
engineer. The allowance confirmed as to each land
owner
shall be certified to the county auditor, who shall reduce the next
annual maintenance assessment of the owner by the percentage so
certified.
Sec. 6137.09. (A)
The
board of county commissioners may grant to any owner a reduction of
not more than fifty per cent of
his
the
owner's
annual
maintenance assessment provided that the owner shall have filed with
the county engineer a certificate of the board of supervisors of the
soil conservation district of the county in which the land is
located, certifying that
he
the
owner
is
following practices in the cultivation or management of agricultural
land that will reduce the runoff of surface water and the erosion of
sediment and silt into drainage channels. The certificate shall be
signed
by the president and the secretary-treasurer of the soil and
water conservation
district board of supervisors and it shall remain in effect until
canceled by the board of county commissioners. The
(B)
The county
engineer shall
have the right to may
inspect
the premises of any owner claiming assessment reduction due to soil
and water conservation and to ask the soil conservation district for
review of any certificate on file.
(C)
At
the time
he
the
county engineer
makes
his
the
annual
report and estimate of maintenance costs, the county engineer shall
transmit to the board of county commissioners all soil and
water conservation
certificates that have
been were
filed
with
him
the
county engineer.
The
(D)
The clerk
of the board of county commissioners, on or before the first day of
July
August
in
each year, shall file with the county auditor a list of owners who
have been certified
by the soil conservation district for a fifty per cent granted
a reduction
in maintenance assessment for the current year
under
this section.
Sec. 6137.10. If
the cleaning out or repair of a ditch, drain, or watercourse, repair
or replacement of tile, or repair of any abutment, catch basin,
retaining wall or other improvement is made necessary in whole or in
part by the negligent acts or omissions of any
an
owner,
the board of county commissioners after
shall
conduct a
hearing subsequent
to thirty days notice regarding
the acts or omissions. The board shall give notice of the hearing
thirty days prior to the hearing pursuant
to the provisions of section 6131.07 of the Revised Code.
After the hearing, the board
may
add to the maintenance assessment of such
the
negligent
owner an additional repair assessment in an amount sufficient to
rectify the damage. Such
The
added
assessment shall be made on recommendation of the county engineer and
certified to the county auditor at the same time the annual
maintenance assessment is certified by the board.
Sec. 6137.11. (A)
The
original schedule of benefit assessments upon owners for the
construction of any improvement shall be maintained by the county
auditor as the permanent assessment
base
for maintenance
assessments.
The county
auditor shall levy the maintenance
assessments shall
be levied by the county auditor in
such percentage of the permanent assessment
base
as is authorized by the board of county commissioners.
The
board of county commissioners, before (B)
Before certifying
the percentage of the permanent assessment
base
to be levied in any one year for the drainage
maintenance
fund, the
board of county commissioners shall
consider any recommendation by the county engineer and any
application by any
an
owner
for increase or reduction of the permanent assessment base as it
applies to any
an
owner.
Any
such increase or reduction of the permanent assessment base with
respect to any owner shall be made for the purpose of correcting any
inequity that has arisen due to increase or decrease in the
proportionate share of benefits accruing to the owner as the result
of the construction and maintenance of the improvement.
(C)(1)
After
six annual maintenance fund assessments have been made upon the
owners benefiting from an improvement, the board of county
commissioners shall review the permanent assessment
base
for
maintenance fund assessment and
may increase or decrease the respective benefit apportionments in
accordance with changes in benefits that have occurred during the
intervening six years.
As
soon as (2)
Any increase or reduction of the permanent assessment base with
respect to an owner
shall be made for the purpose of correcting an inequity that has
arisen due to increase
or decrease in the proportionate share of benefits accruing to the
owner as the result of the construction and maintenance of the
improvement.
(3)
If the
board of county commissioners has
changed proposes
changes to the
permanent assessment
base
of
maintenance assessments of
any
an
owner,
the clerk
board
shall conduct a hearing on those changes. The board shall conduct the
hearing not less than twenty nor more than thirty days from the date
the proposed changes are to be adopted.
(4)
The clerk of
the board shall send to each owner in
the area benefited by the improvement a
notice by certified
mail, return receipt requested, or by first-class
mail in a five-day return envelope.
For each improvement, all individual notices shall be sent by the
same type of mail. Whichever method the board chooses,
with
the
words "Legal Notice" shall
be printed
in plain view on the face of the envelope. The notice
shall state clerk
shall include in the notice a statement of the
amount of the present permanent assessment
base
for
maintenance assessment,
the proposed new permanent assessment
base
amount with respect to each owner so changed, and the date of a
hearing on the change. The
hearing shall be set by the board for a date not less than twenty nor
more than thirty days from the date of adoption of the changes.
(D)
At
the expiration of six years from the date of the first review of the
permanent assessment
base
of
maintenance assessments,
and at six-year intervals thereafter, the board of county
commissioners shall
may
again
review the permanent assessment
base
and shall
set
a hearing on any proposed changes by
in
accordance with the
procedure
provided procedures
established in
division
(C) of this
section
for
the first such review.
(E)
The
board of county commissioners at any time may add to the schedule of
benefited owners any other owner who,
in
the judgment of the board,
is
benefited by the operation and maintenance of the improvement as the
result of new conditions that have arisen since the improvement was
constructed. The additional
clerk
of the board shall provide such an owner
shall
be given notice
in writing of his
the
owner's permanent
maintenance
fund assessment
base and the date of a hearing by
the same procedure as provided by in
accordance with the procedures established in division (C) of this
section for any owner whose permanent assessment base has been
changed by the board. Notice to the
additional such
an owner
shall be sent by the same type of mail as the board uses for owners
whose permanent assessment base has been changed.
The
(F)
A hearing
on the changes in, or additions to, the permanent assessment
base
for
maintenance assessment may
be adjourned from time to time by the board of county commissioners
and, upon conclusion of the hearing, the revised permanent assessment
base
shall be certified to the county auditor and shall become the
permanent assessment
base
for
maintenance assessments,
except as changed from time to time with respect to individual
owners.
(G)
If
the board of county commissioners finds that any owner was not
assessed for the construction of an improvement, but now is receiving
substantial benefit therefrom, or was assessed for construction, but
now is receiving substantially greater benefits therefrom, the board
may,
after
providing
a thirty
days
day
notice
pursuant to section 6131.07 of the Revised Code,
may
hold
a hearing and determine an equitable amount
as an equalization assessment to be paid by the owner. The
equalization assessment shall be divided into the same number of
payments as the assessments for the construction of the improvement,
and the payment shall be added to the next succeeding maintenance
assessments of the owner until the entire amount of the equalization
assessment has been paid.
(H)
Any
owner affected by an increase in the permanent
assessment
base as it applies to
him
the
owner,
or who has been added to the schedule of benefited owners, or who has
been determined to be subject to an equalization assessment, all as
provided in this section, may appeal to the court of common pleas
from a final order made by the board of county commissioners, in the
manner provided by sections 6131.25 to 6131.36 of the Revised Code,
the question of whether any such assessment is levied according to
benefits.
(I)
In
the case of drainage maintenance districts for which the board of
county commissioners has authorized a single drainage
maintenance
fund, a review of the permanent assessment
base
of
maintenance assessments shall
be made not later than six years after the creation of the drainage
maintenance district, and at six-year intervals thereafter, by the
same procedure as provided by this section for review of the
permanent assessment
base
with respect to a single improvement, and it shall not be necessary
to review the entire maintenance
permanent
assessment base
for any improvement included in the maintenance district until the
board reviews the maintenance
permanent
assessment base
for the entire district.
Sec. 6137.111. (A)
In
lieu of the permanent assessment base and procedure specified in
section 6137.11 of the Revised Code, the board of county
commissioners may by resolution levy upon
the benefited property assessments apportioned according to tax
value. The assessments shall be in the amount determined by the board
to be necessary to obtain funds for the ditch
maintenance
fund.
(B)
Prior
to the adoption of the
a
resolution
levying the assessments, the board shall give at least ten days'
notice in one newspaper of general circulation in the county, which
shall state the time and place when and where the resolution shall be
taken up for consideration. At that time and place or at any
adjournment thereof, of which no further published notice need be
given, the board shall hear all persons whose properties are proposed
to be assessed, shall correct any errors and make any revisions that
appear to be necessary or just, and may then pass a resolution
levying upon the properties determined to be benefited such
assessments as so corrected and revised.
(C) Any owner of property to be so assessed may appeal to the court of common pleas from the resolution made by the board of county commissioners, in the manner provided by sections 6131.25 to 6131.36 of the Revised Code, the question of whether any such assessment is levied according to benefits.
(D) The assessments levied by the board's resolution shall be certified to the county auditor for collection as other taxes in the year or years in which they are payable. Any increase or reduction of the assessments levied under this section shall be made at the regular six-year reappraisal of all property in the county under section 5713.01 of the Revised Code or through adjustments made for property divisions, improvements, and changes.
Sec. 6137.112. (A)
At the time that the board of county commissioners reviews the
permanent assessment
base
of an improvement
for
maintenance fund assessments after
six annual maintenance
fund assessments
have been made as provided in section 6137.11 of the Revised Code,
the board may request the county engineer to estimate the
construction cost of the improvement if that improvement were to be
constructed at the time of the permanent assessment
base
review. Not less
than thirty days prior to a hearing at which the board will consider
the estimate as the construction cost of the improvement, the clerk
of the board shall send to each owner that would be affected a notice
by certified mail, return receipt requested, or by first class mail
in a five-day return envelope. For each improvement, all individual
notices shall be sent by the same type of mail. Whichever method the
board chooses, the words "legal notice" shall be printed in
plain view on the face of the envelope. The notice shall state the
amount of the present permanent assessment
base
for
maintenance assessment,
the proposed new permanent assessment
base
amount with respect to the owner, and the date of the hearing on the
proposed change.
(B)
The board of county commissioners, by adoption of a resolution at the
hearing required under division (A) of this section, may approve the
estimate
as the construction cost of the improvement
permanent
assessment base, as determined by the county engineer according to
division (B)(5) of section 6131.14 of the Revised Code
in
lieu of the original construction
cost
of the improvement. If approved, the estimate
total
estimated cost of
construction
cost the
improvement shall
be the permanent assessment
base
that is used to calculate maintenance fund assessments for owners
benefiting from the improvement. The approved estimate of
construction
cost the
improvement shall
serve as the permanent assessment
base
for the purposes of this chapter until such time as it is revised in
accordance with this section.
Sec. 6137.12. (A) In the cleaning, repair, and other maintenance work on drainage improvements, the persons whose duty it is to perform the maintenance work may go upon the adjoining or abutting lands within the permanent easement necessary for proper operation of the required machinery, tools, motor vehicles, conveyances, or other equipment.
(B)(1)
In
the case of open ditches, the permanent easement so used shall be not
more than twenty-five feet from the top of the bank, measured at
right angles thereto, and wherever practical the area so used shall
be on one side of the ditch only. When
in his opinion
(2) In the case of an open ditch log-jam removal project within a wooded riparian corridor, a maintenance easement may be created from the top of the bank to twenty-five feet outside of the edge of the wooded riparian corridor.
(3)
When the county engineer determines that an
emergency situation exists at an open ditch needing maintenance, the
county engineer may, with the approval of the board of county
commissioners, temporarily extend the easement to not more than
seventy-five feet from the top of the bank, measured at right angles
thereto, in order to conduct the necessary maintenance work and
alleviate the condition or conditions causing the emergency
situation. The
(C)
The maximum
width of permanent easement for closed ditches shall not exceed
eighty feet centered on the centerline of the improvement. The
(D)
The permanent
easement for all other improvements shall be as located and the width
as specified by the county engineer.
When
(E)
When the
performance of maintenance requires the damage of existing crops
beyond the permanently established sod or seeded strip, the owner of
the crops shall be
granted submit
a written request for payment for damages to the county engineer. The
county engineer shall award the crop owner damages
equal to market value, to be paid from the permanent maintenance fund
established for the improvement. Under
(F)(1)
Under contract
work, the county engineer may specify the right-of-way to be used
within
the permanent easement. Where the nature of the surface of the
adjoining or abutting land does not prevent it, and there are growing
crops on one side of the ditch but none upon the other, the
right-of-way provided for shall be used on that side of the ditch on
which there are no growing crops. In
(2) In using the right-of-way, the persons performing maintenance shall, as far as possible, avoid damage to the owner of the adjoining or abutting lands.
(3) If in the doing of this work it is necessary to damage or temporarily remove any fences, poles, or wire lines, the cost of repairing, removing, and replacing the fences, poles, and wire lines shall be included in the total cost of the maintenance.
(G) This section does not authorize passage across, along, or between railroad tracks until thirty days after notice has been mailed in accordance with section 6131.07 of the Revised Code.
Sec. 6137.13. That
part of interstate ditches
drainage
improvements within
the state may be cleaned or repaired pursuant
to sections 6137.01 to 6137.12,
inclusive,
of
the Revised Code. Such
sections shall apply insofar as they are applicable.
Sec. 6137.14. The
county engineer, in inspecting drainage channels, shall note any and
all apparent violations of sections 6111.01 to 6111.04 of the Revised
Code, as such sections refer to the pollution of drainage channels.
Whenever it appears to the county engineer,
after investigation,
that
there has
been may
be a
violation of section 6111.04 of the Revised Code, the county engineer
shall give
written notice to notify
the
county
board of healthdirector
of environmental protection,
setting forth any thing or act done or omitted to be done or claimed
to be in violation of such section. The county
board of health director
shall
immediately pursue the alleged violation to its legal conclusion.
Section 2. That existing sections 305.31, 940.01, 940.02, 940.05, 940.06, 940.07, 940.08, 940.10, 940.11, 940.12, 940.13, 940.19, 940.20, 940.21, 940.22, 940.23, 940.26, 940.29, 940.31, 940.32, 940.33, 940.34, 940.35, 6131.01, 6131.04, 6131.05, 6131.06, 6131.07, 6131.08, 6131.09, 6131.10, 6131.11, 6131.12, 6131.13, 6131.14, 6131.15, 6131.16, 6131.17, 6131.19, 6131.21, 6131.22, 6131.23, 6131.24, 6131.25, 6131.27, 6131.28, 6131.30, 6131.32, 6131.33, 6131.34, 6131.36, 6131.42, 6131.43, 6131.47, 6131.50, 6131.51, 6131.52, 6131.55, 6131.57, 6131.60, 6131.63, 6131.631, 6131.64, 6133.01, 6133.02, 6133.03, 6133.04, 6133.041, 6133.05, 6133.06, 6133.07, 6133.08, 6133.09, 6133.10, 6133.11, 6133.14, 6137.01, 6137.02, 6137.03, 6137.04, 6137.05, 6137.051, 6137.06, 6137.07, 6137.08, 6137.09, 6137.10, 6137.11, 6137.111, 6137.112, 6137.12, 6137.13, and 6137.14 of the Revised Code are hereby repealed.
Section 3. That sections 940.18, 940.24, 940.25, 940.26, 940.27, 940.28, 940.29, 940.30, 6131.18, 6131.26, 6131.29, 6131.35, 6131.44, 6131.48, 6131.49, 6131.56, and 6131.62 of the Revised Code are hereby repealed.
Section 4. A petition filed under section 6133.02 of the Revised Code pending approval by a joint county board of county commissioners on the effective date of this section is subject to the provisions of Chapter 6133. of the Revised Code that existed prior to the effective date of this section and shall be considered by the joint county board of county commissioners that existed prior to the effective date. Any petition filed under section 6133.02 of the Revised Code after the effective date of this section is subject to Chapter 6133. of the Revised Code as amended by this act.
Speaker ___________________ of the House of Representatives.
President ___________________ of the Senate.
Passed ________________________, 20____
Approved ________________________, 20____
Governor.
The section numbering of law of a general and permanent nature is complete and in conformity with the Revised Code.
Director, Legislative Service Commission.
Filed in the office of the Secretary of State at Columbus, Ohio, on the ____ day of ___________, A. D. 20____.
Secretary of State.
File No. _________ Effective Date ___________________