Ohio § 727.24

§ 727.24.

After the passage of an ordinance under section 727.23 of the Revised Code , to proceed with a public improvement, the improvement may be constructed by force

account, or a contract for the construction of the improvement shall be let in the

manner provided by law, provided that in the event that the lowest and best bid for

labor and materials for the public improvement exceeds the estimated cost for labor

and materials as filed under section 727.12 of the Revised Code by fifteen per cent or more, then no contract shall be entered into until the legislative

authority determines by a majority vote at a special meeting or its next regular meeting,

after public hearing, that the improvement should be made.  When the lowest and best bid will so exceed the estimated cost, the clerk of the

legislative authority shall publish a notice once in a newspaper of general circulation

in the municipal corporation specifying the time and place, not sooner than forty-eight

hours following such notice, when owners of property to be assessed for the improvement

shall be heard on the question of whether such improvement should be made.  In the event that such hearing is to be held at a special meeting, the clerk of

the legislative authority shall serve notice on each member of the legislative authority

of a special meeting to be held at the time and place set forth in the notice of the

hearing and the purpose of the special meeting.  Such notice shall be served in the manner provided for the service of notice of

special meetings of legislative authority.  At the meeting for such hearing, or any adjournment thereof, the legislative authority

shall, by a majority vote, determine whether or not the public improvement should

be made.  If the legislative authority determines that the improvement should be made, the

improvement may be constructed by force account or a contract may be let for the construction

of such public improvement to the lowest and best bidder. Notwithstanding the foregoing provisions of this section, in the event that the improvement

is being undertaken by the municipal corporation in cooperation with the government

of the United States or the state or any department or agency thereof, or any political

subdivision of this state, or any one or more of them, and under the statutes or the

cooperative contract authorizing such improvement the municipal corporation is required

to pay its share of the estimated cost of the improvement to another party to such

contract prior to the advertising for construction bids, the legislative authority

of the municipal corporation may, by majority vote, determine to dispense with any

notice, hearing, and determination that might otherwise be required by this section

prior to the entry into a construction contract;  provided that, if after the actual

cost of such improvement has been ascertained, the cost to the municipal corporation

for labor and materials exceeds the estimated cost therefor as filed under section 727.12 of the Revised Code by fifteen per cent or more, then the assessments levied under section 727.25 of the Revised Code shall not exceed in the aggregate the estimated assessment adopted under section 727.23 of the Revised Code unless the legislative authority, by majority vote, determines that this shall be

done after notice and hearing in the manner provided in this section. No subsequent change in the cost of the improvement shall affect the validity of the

assessment proceedings taken under Chapter 727. of the Revised Code if the applicable

provisions of this section have been complied with.