RESOLUTION FINDING FOR THE
IMPROVEMENT
IN THE MATTER OF THE
SINGLE COUNTY DITCH #942
PETITIONED FOR BY
The Board of County Commissioners of Putnam County,
Ohio, met in regular session on the 29th day of October, 2009, in the Assembly Room of the Putnam County Court
House, Ottawa, Ohio, with the following members present: Mr. Vincent T.
Schroeder, Mr. Travis A. Jerwers and
Mr. John E. Love.
Mr. Jerwers moved the adoption of the following
Resolution:
WHEREAS, This being the day fixed by
the Board in its order dated the 25th day of
August, 2009, for the hearing on the petition in the above named
improvement, the Board met in the Assembly Room and conducted the hearing by
causing the petition to be publicly read, together with all applications for
and remonstrances against the improvement, and all applications for change or
extension of the improvement, previously filed in writing;
and
WHEREAS,
After proper examination, the Board finds that due and legal notice has
been given in the manner and for the length of time required by law, to all
owners of land affected by said improvement;
and
WHEREAS,
The Board has made an actual view
of the proposed improvement and has heard either in person or by counsel all
evidence offered by any owner of land for or against the granting of the
proposed improvement; or for or against the granting of any laterals, branches,
spurs or change in the route, course, termini, or manner of construction
described in the petition or any application therefore,
and
WHEREAS,
The Board has given consideration to the protection of environmentally
significant areas when those areas could be adversely affected the construction
of the proposed improvement and has given consideration, where necessary to
alternative plans providing for the protection as well as for construction of
the proposed improvement;
and
WHEREAS, During the hearing landowners discussed
amending and extending the petition filed by John Smith and others.
now
therefore, be it
RESOLVED, The Board of County
Commissioners, does hereby find that the proposed improvement petitioned for is
necessary and will be conducive to the public welfare, and it is reasonably
certain that the cost thereof will be less than the benefits and the prayer of
the petition is hereby granted as amended; and it further finds that the
following described route and termini of the proposed improvement and of the
branches, spurs, laterals, thereof, and the manner of constructing the same are
the best and the same are hereby adopted and prescribed by the Board:
and
be it further
RESOLVED, The Board of County
Commissioners does hereby approve to amend and extend the terminus of the
petition as follows:
Commencing
in Section 7, Union Township, Putnam County, Ohio, approximately 700 ft. East
of the intersection of Road 19 and Road N-18 at the North end of a bridge over
the Askins Ditch #823. Thence downstream along the course of the open ditch
through Section 7, Union Township and Section 12, Jackson Township to the
junction of Rushmore Creek and extend ditch upstream to the Stechschulte/Becker
property and there terminate.
and
be it further
RESOLVED, That the County Engineer be and he is hereby directed to cause to
be made the necessary survey for the proposed
improvement, plans for the structure,
map showing the location of the land proposed to be
assessed; and profiles showing
the cuttings and gradient of the improvement, and make
an estimate of the cost of the
construction of the improvement; which shall include
actual notices, publication, and
other incidental expenses; set proper construction
stakes and perform such other duties
as required by Section 6131.14 of the Revised Code of
Ohio.
and
be it further
RESOLVED,
That the time that is necessary is hereby fixed as the time for filing with
the Clerk of the Board of the County Commissioners all the plans, maps,
profiles, schedules and reports prepared by the County Engineer;
and
be it further
RESOLVED, That further hearing on the improvement is hereby adjourned to the
date above fixed for the filing of the reports, plans and schedules by the
County Engineer;
and
be it further
RESOLVED, It is found and determined
that all formal actions of this Board concerning and relating to the adoption
of the Resolution were adopted in an open meeting of this Board, and that all
deliberations of this Board and of any of its Committees that resulted in such
formal action were in meetings open to the public in compliance with all legal
requirements including Section 121.22 of the Ohio Revised Code.
Mr. Love
seconded the motion and the roll being called upon its adoption, the
vote resulted as follows: Mr. Jerwers
yes Mr. Schroeder yes Mr. Love yes