Ohio § 6117.07

§ 6117.07.

After the expiration of the period of five days provided for in section 6117.06 of the Revised Code for the filing of written objections, the board of county commissioners shall determine

whether or not it will proceed with the construction of the improvement mentioned

in such section.  Notice of the time and place of each meeting of the board of county commissioners,

at which the resolution to proceed with the construction of such improvement will

be considered, shall be given in writing to all persons who filed written objections

as provided in section 6117.06 of the Revised Code .  Such notice shall contain the following language in addition to the time and place

of the meeting of the board:  “any 1 person, firm, or corporation desiring to appeal from the final order or judgment

of the board upon any of the questions mentioned in section 6117.09 of the Revised Code shall, on or before the date of the passage of the improvement resolution, give notice

in writing of an intention to appeal, specifying therein the matters to be appealed

from.” If it decides to proceed therewith, the board shall ratify or amend the plans for

the improvement and the character and termini thereof, the boundaries of the assessment

district, and the tentative assessment, and may cause such revision of plans, boundaries,

or assessments as the board considers necessary to be made by the county sanitary

engineer.  If the boundaries of the assessment district are amended so as to include any property

not included within the boundaries as established by the resolution of necessity provided

for in section 6117.06 of the Revised Code , the owners of all such property shall be notified by mail if their addresses are

known, and notice shall be published once a week for two consecutive weeks in a newspaper

of general circulation within the county or as provided in section 7.16 of the Revised Code that such amendments have been adopted and that a hearing will be given by the board

at a time and place stated in such notice, at which all persons interested will be

heard by the board.  The date of such hearing shall be not less than twenty-four days after the first

publication of such notice, and the hearing shall be conducted and records kept in

the same manner as the first hearing.  Five days shall be allowed for the filing of written objections as provided in such

section for the first hearing. After the expiration of such five day period, the board shall ratify the plans for

the improvement and the character and termini thereof, the boundaries of the assessment

district, and the tentative assessment, or shall further amend the same.  If the boundaries of the assessment district are amended so as to include any property

not included in the assessment district as originally established or previously amended,

further notice and hearing shall be given to the owners of such property in the same

manner as for the first amendment of such boundaries, and the same procedure shall

be repeated until all property owners affected have been given an opportunity to be

heard.  If the owners of all property added to an assessment district by amendment of the

original boundaries thereof waive objection to such amendment in writing, no further

notice or hearing shall be given. After the board has ratified the plans for the improvement and the character and termini

thereof, the boundaries of the assessment district, and the tentative assessment,

either as originally presented or as amended, and if it decides to proceed therewith,

the board shall adopt a resolution to be known as the improvement resolution.  Said improvement resolution shall declare the determination of such board to proceed

with the construction of the improvement provided for in the resolution of necessity,

in accordance with the plans and specifications provided for such improvement as ratified

or amended, and whether bonds or certificates of indebtedness shall be issued in anticipation

of the collection of special assessments, as provided in section 2 6117.08 to 6117.45, inclusive, of the Revised Code , or that money in the county treasury unappropriated for any other purpose shall

be appropriated to pay for said improvement. 1

 Prior and current versions differ;  although no amendment to this language was indicated

in 2011 H 153, “‘any” appeared as “‘Any” in 1969 H 175. 2

 Prior and current versions differ;  although no amendment to this language was indicated

in 2011 H 153, “section” appeared as “sections” in 1969 H 175.