As Passed by the Senate                       1            

122nd General Assembly                                             4            

   Regular Session                              Sub. H. B. No. 55  5            

      1997-1998                                                    6            


REPRESENTATIVES GARDNER-MEAD-GARCIA-BRITTON-MYERS-MOTTL-O'BRIEN-   8            

       REID-SALERNO-VERICH-SENATORS BLESSING-FINAN-WHITE-          9            

                      LATTA-GARDNER-HOWARD                         10           


                                                                   12           

                           A   B I L L                                          

             To authorize the conveyance of the state's interest   14           

                in the restrictions and reversions imposed by      15           

                specified instruments to Behavioral Connections                 

                of Wood County, Inc., an Ohio nonprofit            16           

                corporation, to amend Section 5 of Am. H.B. 166    17           

                of the 115th General Assembly, as amended by Am.   18           

                Sub. H.B. 636 of the 118th General Assembly, and   19           

                Section 6 of Am. H.B. 166 of the 115th General                  

                Assembly to specify permissible research uses for  20           

                land previously conveyed by the state to the City  21           

                of Cincinnati and to limit the application of the  22           

                reversion clause in the legislation that conveyed  23           

                that land, and to declare an emergency.                         




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        25           

      Section 1.  (A)  The Governor is hereby authorized to        27           

execute a deed in the name of the state conveying to Behavioral    28           

Connections of Wood County, Inc., an Ohio nonprofit corporation,   29           

and its successors and assigns, all of the state's right, title,   30           

and interest obtained from, imposed by, or reserved on the         31           

following parcels of land by instruments recorded in Volume 557,   32           

Page 178 and Volume 585, Page 230, Deed Records, Wood County,      33           

Ohio, and to release such parcels of land from all restrictions    34           

and reversions imposed by such instruments:                        35           

      Parcel Number 1.  On which the State of Ohio reserved        37           

                                                          2      

                                                                 
certain interests in, and imposed certain restrictions on, the     38           

land described as follows by instrument dated July 11, 1979,       39           

received for record on July 19, 1979 at 2:47 p.m. and recorded in  40           

Volume 557, Page 178, Deed Records, Wood County, Ohio:             41           

      Situated in the City of Bowling Green, Wood County, Ohio,    43           

and further described as follows:                                  44           

      Lot numbers 1754 N1/2; 1755 N1/2; 1756 N1/2 and E 43' of     46           

S1/2; 1757; 1758; 1759; and 1760; 1761; 1766 and E 50' of 1767 in  47           

the City of Bowling Green, Wood County, State of Ohio; said        49           

parcel containing 1.496 acres more or less and subject to all      50           

legal highways, right of ways, easements, and appurtenances                     

thereunto included.                                                51           

      Parcel Number 2.  For which the Wood County Mental Health    53           

Clinic, Inc., an Ohio nonprofit corporation, which merged with     54           

and into Behavioral Connections of Wood County, Inc., an Ohio      55           

nonprofit corporation, granted the State of Ohio a reversionary    56           

interest in the following described land by instrument dated       57           

December 15, 1982, received for record on March 29, 1983, at 2:46  58           

p.m. and recorded in Volume 585, Page 230, Deed Records, Wood      59           

County, Ohio:                                                      60           

      Situated in the County of Wood, in the State of Ohio, and    62           

City of Bowling Green, and bounded and described as follows:       63           

South 1/2 of lots, 1754 and 1755 and the West 14' of the South     64           

one-half of lot 1756.                                                           

      (B)  Consideration for conveyance of the rights to the       66           

parcels described in division (A) of Section 1 of this act is one  67           

dollar.                                                                         

      (C)  The conveyance authorized by Section 1 of this act is   69           

conditioned upon the receipt by Behavioral Connections of Wood     71           

County, Inc., of a grant from the federal Department of Housing    73           

and Urban Development to construct a residential facility for                   

chronically mentally ill persons.  If, within one year after the   74           

effective date of this act, Behavioral Connections of Wood         75           

County, Inc., has not executed an agreement with the Department    77           

                                                          3      

                                                                 
of Housing and Urban Development under which Behavioral            78           

Connections of Wood County, Inc., will receive the grant to                     

construct the facility, the interests conveyed by Section 1 of     79           

this act shall immediately revert to the State without the need    81           

for any further action by the State.                                            

      (D)  All costs of the conveyance authorized by Section 1 of  84           

this act shall be paid by Behavioral Connections of Wood County,   85           

Inc.                                                                            

      (E)  Upon receipt of the consideration described in          87           

division (B) of Section 1 of this act, the Auditor of State, with  89           

the assistance of the Attorney General, shall prepare a deed to    90           

the real estate described in division (A) of Section 1 of this     91           

act.  The deed shall state the consideration and the condition                  

described in division (C) of Section 1 of this act.  The deed      92           

shall be executed by the Governor in the name of the state,        94           

countersigned by the Secretary of State, sealed with the Great     95           

Seal of the State, presented in the Office of the Auditor of       96           

State for recording, and delivered to the grantee.  The grantee    97           

shall present the deed for recording in the Office of the County   98           

Recorder of Wood County.                                                        

      Section 2.  That Section 5 of Am. H.B. 166 of the 115th      100          

General Assembly, as amended by Am. Sub. H.B. 636 of the 118th     101          

General Assembly, be amended to read as follows:                   102          

      "Sec. 5.  Consideration for the conveyance of the real       104          

estate described in Section 4 of this act AM. H.B. 166 OF THE      107          

115th GENERAL ASSEMBLY shall be the mutual benefit to the City of  108          

Cincinnati and the state from the use of the real estate for       109          

research and will include the application of high-technology       111          

processes to product service and light manufacturing activities    112          

and related business offices, prototype manufacturing related to                

research activities, general business offices, and general         114          

services which are intended to provide support and service to                   

tenants within the park.                                           115          

      AS USED IN THIS SECTION, "RESEARCH" MEANS ANY USE THAT       117          

                                                          4      

                                                                 
SERVES THE PUBLIC PURPOSES OF DEVELOPING NEW KNOWLEDGE, ADVANCING  119          

TECHNOLOGY, OR ENHANCING ECONOMIC GROWTH WITHIN THIS STATE,        120          

INCLUDING ALL OF THE FOLLOWING USES:                                            

      (A)  LABORATORIES AND TESTING OR ANALYZING FACILITIES;       123          

      (B)  GENERAL BUSINESS OFFICE SPACE;                          126          

      (C)  MEDICAL OFFICE, CLINICAL, AND MEDICAL TREATMENT         129          

FACILITIES;                                                                     

      (D)  LIGHT MANUFACTURING AND DISTRIBUTION FACILITIES;        132          

      (E)  ASSEMBLY OF EQUIPMENT OF COMPONENTS;                    135          

      (F)  RETAIL USE, INCLUDING ANY RESTAURANT THAT IS            138          

INCIDENTAL TO AND IN SUPPORT OF THE PERMITTED USES;                139          

      (G)  SUPPORT AND MAINTENANCE SHOPS FOR FACILITIES WITHIN     142          

THE PARK;                                                                       

      (H)  PARKING AND DRIVEWAYS INCIDENTAL TO BUILDING USE;       145          

      (I)  UTILITIES AND WASTE DISPOSAL OR TREATMENT FACILITIES    148          

ASSOCIATED WITH THE PERMITTED USES;                                149          

      (J)  CONVENTION, CONFERENCE, LECTURE, AND MEETING            152          

FACILITIES, OVERNIGHT GUEST ACCOMMODATIONS, OR LIBRARY OR OTHER    153          

EDUCATIONAL SUPPORT FACILITIES;                                    154          

      (K)  GENERAL SERVICES THAT ARE INTENDED TO PROVIDE SUPPORT   157          

AND SERVICE TO OWNERS, TENANTS, AND OTHER OCCUPANTS OF THE REAL    158          

ESTATE AND THEIR INVITEES, INCLUDING CONFERENCE CENTERS, DAY-CARE  159          

CENTERS, RESTAURANTS, AUTOMATED TELLER MACHINES, AND SIMILAR USES  160          

IF SUCH USES ARE CONDUCTED PRIMARILY FOR THE CONVENIENCE OF        161          

OWNERS, TENANTS, AND OTHER OCCUPANTS OF THE REAL ESTATE AND THEIR  162          

INVITEES;                                                          163          

      (L)  DEVELOPMENT OF PACKAGING AND MARKETING CONCEPTS,        166          

DESIGN AND DEVELOPMENT OF PACKAGING EQUIPMENT AND PROCESSES AND    167          

PACKAGING AND DISTRIBUTION FACILITIES, AND TELEMARKETING AND       168          

MARKET RESEARCH."                                                               

      Section 3.  That existing Section 5 of Am. H.B. 166 of the   170          

115th General Assembly, as amended by Am. Sub. H.B. 636 of the     171          

118th General Assembly, is hereby repealed.                        172          

      Section 4.  That Section 6 of Am. H.B. 166 of the 115th      174          

                                                          5      

                                                                 
General Assembly be amended to read as follows:                    175          

      "Sec. 6.  The real estate conveyed by Sections 4 to 8 of     177          

this act AM. H.B. 166 OF THE 115th GENERAL ASSEMBLY shall be used  180          

exclusively for the purpose of high technology research AS         181          

DEFINED IN SECTION 5 OF AM. H.B. 166 OF THE 115th GENERAL          183          

ASSEMBLY, AS AMENDED BY AM. SUB. H.B. 636 OF THE 118th GENERAL     185          

ASSEMBLY AND BY SUB. H.B. 55 OF THE 122nd GENERAL ASSEMBLY, and    187          

upon the termination of the use of the real estate for this        188          

purpose, all right, title, and interest in the real estate         189          

described in Section 4 of this act AM. H.B. 166 OF THE 115th       191          

GENERAL ASSEMBLY shall revert to the state.                        192          

      WITH RESPECT TO THE REAL ESTATE DESCRIBED IN SECTION 4 OF    195          

AM. H.B. 166 OF THE 115th GENERAL ASSEMBLY, TO THE EXTENT THAT     196          

ANY SUBDIVIDED LOT THAT IS A PART OF THE REAL ESTATE IS USED FOR   197          

A PURPOSE OTHER THAN THE PERMITTED USES DEFINED IN SECTION 5 OF    199          

AM. H.B. 166 OF THE 115th GENERAL ASSEMBLY, AS AMENDED BY AM.      200          

SUB. H.B. 636 OF THE 118th GENERAL ASSEMBLY AND BY SUB. H.B. 55    202          

OF THE 122nd GENERAL ASSEMBLY, ALL RIGHT, TITLE, AND INTEREST IN   204          

THAT SUBDIVIDED LOT SHALL REVERT TO THE STATE.  SUCH REVERSIONS,                

HOWEVER, SHALL NOT AFFECT ANY OTHER SUBDIVIDED LOT FORMING A PART  206          

OF THE REAL ESTATE, SO LONG AS THAT OTHER SUBDIVIDED LOT IS USED   207          

IN A MANNER CONSISTENT WITH THE PERMITTED USES.  FURTHER, NO       208          

EASEMENTS APPURTENANT TO ANY SUBDIVIDED LOT FORMING A PART OF THE  209          

REAL ESTATE, WHICH EASEMENTS APPURTENANT ARE IN, ON, UNDER, OR     210          

ACROSS ANY PART OF THE REAL ESTATE, SHALL BE DISTURBED BY THE      211          

RIGHT OF REVERSION UNTO THE STATE, SO LONG AS THE SUBDIVIDED LOT   212          

TO WHICH THOSE EASEMENTS ARE APPURTENANT IS USED IN A MANNER       213          

CONSISTENT WITH THE PERMITTED USES.  IN ANY EVENT, THIS SECTION    214          

DOES NOT APPLY TO THE REAL ESTATE DESCRIBED IN SECTION 4 OF AM.    216          

H.B. 166 OF THE 115th GENERAL ASSEMBLY ON OR AFTER DECEMBER 31,    217          

1999."                                                                          

      Section 5.  That existing Section 6 of Am. H.B. 166 of the   219          

115th General Assembly is hereby repealed.                         220          

      Section 6.  Within 30 days after the effective date of this  223          

                                                          6      

                                                                 
act, the Auditor of State shall, with the assistance of the        224          

Attorney General, prepare a Quit Claim Deed to the Institute of    225          

Advanced Manufacturing Sciences, Inc., reflecting the revised use  226          

restrictions as provided in Sections 2 through 5 of this act.                   

The deed shall be executed by the Governor, countersigned by the   228          

Secretary of State, recorded in the Office of the Auditor of       229          

State, and delivered to the Institute of Advanced Manufacturing    230          

Sciences, Inc., which shall present the deed for recording in the  231          

Office of the Hamilton County Recorder.                            232          

      Section 7.  This act expires one year after its effective    234          

date.                                                                           

      Section 8.  This act is hereby declared to be an emergency   236          

measure necessary for the immediate preservation of the public     237          

peace, health, and safety.  The reason for such necessity is that  239          

its enactment into law at the earliest possible time will enable   240          

Behavioral Connections of Wood County, Inc., to proceed with       241          

construction by March 1997, which is necessary to avoid rebidding  242          

the project and to enable Behavioral Connections of Wood County,   243          

Inc., to receive a grant of approximately one million dollars      244          

from the federal Department of Housing and Urban Development to    245          

construct and operate a residential facility for chronically       246          

mentally ill persons and will enable the City of Cincinnati to                  

receive a grant from the United States Food and Drug               247          

Administration.  Therefore, this act shall go into immediate       249          

effect.