As Introduced 1
123rd General Assembly 5
Regular Session H. B. No. 19 6
1999-2000 7
REPRESENTATIVES SCHULER-PADGETT-BRITTON-CLANCY-JONES-KREBS- 9
TERWILLEGER-WILLAMOWSKI-TAYLOR-AMSTUTZ-MOTTLEY-HAINES 10
11
A B I L L
To amend sections 9.20, 123.01, 123.04, 125.84, 12
149.302, 152.08, 152.21, 154.06, 154.16, 154.21, 13
154.22, 154.23, 163.02, 165.02, 175.04, 319.201, 14
901.63, 902.03, 991.07, 1501.01, 1515.08, 15
1517.17, 1519.02, 1523.01, 1551.12, 3354.09, 16
3354.13, 3355.06, 3355.10, 3357.09, 3357.12, 17
3358.08, 3375.40, 3377.04, 3377.14, 3706.04, 18
3747.06, 3747.14, 3793.031, 4582.06, 4582.31, 19
4981.14, 4981.32, 5119.37, 5120.46, 5123.22, 20
5501.32, 5503.02, 5519.01, 5529.03, 5537.06, 22
6121.04, and 6123.04 and to enact sections 23
121.181, 1514.301, 3301.481, 3375.831, 5301.012, 24
and 6161.011 of the Revised Code to require that 26
any instrument by which the state or an agency of 28
the state acquires an interest in real property 29
shall identify the agency for whose use and 30
benefit the real property is acquired. 31
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 33
Section 1. That sections 9.20, 123.01, 123.04, 125.84, 35
149.302, 152.08, 152.21, 154.06, 154.16, 154.21, 154.22, 154.23, 36
163.02, 165.02, 175.04, 319.201, 901.63, 902.03, 991.07, 1501.01, 37
1515.08, 1517.17, 1519.02, 1523.01, 1551.12, 3354.09, 3354.13, 38
3355.06, 3355.10, 3357.09, 3357.12, 3358.08, 3375.40, 3377.04, 39
3377.14, 3706.04, 3747.06, 3747.14, 3793.031, 4582.06, 4582.31, 40
4981.14, 4981.32, 5119.37, 5120.46, 5123.22, 5501.32, 5503.02, 41
2
5519.01, 5529.03, 5537.06, 6121.04, and 6123.04 be amended and 42
sections 121.181, 1514.301, 3301.481, 3375.831, 5301.012, and 43
6161.011 of the Revised Code be enacted to read as follows: 44
Sec. 9.20. The state; a county, a township, or a cemetery 53
association or the commissioners or trustees of a county, 54
township, or cemetery association; a municipal corporation or the 55
legislative authority, a board, or other officers of a municipal 56
corporation; and a benevolent, educational, or correctional
institution, wholly or in part under the control of the state, or 57
the board of directors, trustees, or other officers of the 58
institution may receive by gift, devise, or bequest moneys, 59
lands, or other properties, for their benefit or the benefit of 60
any of those under their charge and may hold and apply the
moneys, lands, or properties according to the terms of the gift, 61
devise, or bequest. The gifts or devises of real estate may be 62
in fee simple or of any lesser estate and may be subject to any 63
reasonable reservation. This section does not affect the 64
statutory provisions as to devises or bequests for such purposes. 65
ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE STATE 67
ACQUIRES REAL PROPERTY PURSUANT TO THIS SECTION SHALL IDENTIFY 68
THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE REAL 69
PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED CODE. 70
Sec. 121.181. ANY INSTRUMENT BY WHICH A DEPARTMENT 72
ACQUIRES AN INTEREST IN REAL PROPERTY, INCLUDING ANY DEED, 73
TRANSFER, GRANT, RESERVATION, AGREEMENT CREATING AN EASEMENT, OR 74
LEASE, SHALL IDENTIFY THE DEPARTMENT FOR WHOSE USE AND BENEFIT 75
THE INTEREST IN REAL PROPERTY IS ACQUIRED, AS SPECIFIED IN 76
SECTION 5301.012 OF THE REVISED CODE.
Sec. 123.01. (A) The department of administrative 87
services, in addition to those powers enumerated in Chapters 124. 88
and 125. of the Revised Code, and as provided elsewhere by law, 89
shall exercise the following powers: 90
(1) To prepare, or contract to be prepared, by licensed 92
engineers or architects, surveys, general and detailed plans, 93
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specifications, bills of materials, and estimates of cost for any 94
projects, improvements, or public buildings to be constructed by 95
state agencies that may be authorized by legislative 96
appropriations or any other funds made available therefor, 97
provided that the construction of the projects, improvements, or 98
public buildings is a statutory duty of the department. This 99
section does not require the independent employment of an 100
architect or engineer as provided by section 153.01 of the 101
Revised Code in the cases to which that section applies nor 102
affect or alter the existing powers of the director of 103
transportation. 104
(2) To have general supervision over the construction of 106
any projects, improvements, or public buildings constructed for a 107
state agency and over the inspection of materials previous to 108
their incorporation into those projects, improvements, or 109
buildings; 110
(3) To make contracts for and supervise the construction 112
of any projects and improvements or the construction and repair 113
of buildings under the control of a state agency, except 114
contracts for the repair of buildings under the management and 115
control of the departments of public safety, human services, 116
mental health, mental retardation and developmental disabilities, 117
rehabilitation and correction, and youth services, the bureau of 118
workers' compensation, the bureau of employment services, the 119
rehabilitation services commission, and boards of trustees of 120
educational and benevolent institutions. These contracts shall 121
be made and entered into by the directors of public safety, human 122
services, mental health, mental retardation and developmental 123
disabilities, rehabilitation and correction, and youth services, 124
the administrator of workers' compensation, the administrator of 125
the bureau of employment services, the rehabilitation services 126
commission, and the boards of trustees of such institutions, 127
respectively. All such contracts may be in whole or in part on 128
unit price basis of maximum estimated cost, with payment computed 129
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and made upon actual quantities or units. 130
(4) To prepare and suggest comprehensive plans for the 132
development of grounds and buildings under the control of a state 133
agency; 134
(5) To acquire, by purchase, gift, devise, lease, or 136
grant, all real estate required by a state agency, in the 137
exercise of which power the department may exercise the power of 138
eminent domain, in the manner provided by sections 163.01 to 139
163.22 of the Revised Code; 140
(6) To make and provide all plans, specifications, and 142
models for the construction and perfection of all systems of 143
sewerage, drainage, and plumbing for the state in connection with 144
buildings and grounds under the control of a state agency; 145
(7) To erect, supervise, and maintain all public monuments 147
and memorials erected by the state, except where the supervision 148
and maintenance is otherwise provided by law; 149
(8) To procure, by lease, storage accommodations for a 151
state agency; 152
(9) To lease or grant easements or licenses for 154
unproductive and unused lands or other property under the control 155
of a state agency. Such leases, easements, or licenses shall be 156
granted for a period not to exceed fifteen years and shall be 157
executed for the state by the director of administrative services 158
and the governor and shall be approved as to form by the attorney 159
general, provided that leases, easements, or licenses may be 160
granted to any county, township, municipal corporation, port 161
authority, water or sewer district, school district, library 162
district, health district, park district, soil and water 163
conservation district, conservancy district, or other political 164
subdivision or taxing district, or any agency of the United 165
States government, for the exclusive use of that agency, 166
political subdivision, or taxing district, without any right of 167
sublease or assignment, for a period not to exceed fifteen years, 168
and provided that the director shall grant leases, easements, or 169
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licenses of university land for periods not to exceed twenty-five 170
years for purposes approved by the respective university's board 171
of trustees wherein the uses are compatible with the uses and 172
needs of the university and may grant leases of university land 173
for periods not to exceed forty years for purposes approved by 174
the respective university's board of trustees pursuant to section 175
123.77 of the Revised Code. 176
(10) To lease office space in buildings for the use of a 178
state agency; 179
(11) To have general supervision and care of the 181
storerooms, offices, and buildings leased for the use of a state 182
agency; 183
(12) To exercise general custodial care of all real 185
property of the state; 186
(13) To assign and group together state offices in any 188
city in the state and to establish, in cooperation with the state 189
agencies involved, rules governing space requirements for office 190
or storage use; 191
(14) To lease for a period not to exceed forty years, 193
pursuant to a contract providing for the construction thereof 194
under a lease-purchase plan, buildings, structures, and other 195
improvements for any public purpose, and, in conjunction 196
therewith, to grant leases, easements, or licenses for lands 197
under the control of a state agency for a period not to exceed 198
forty years. The lease-purchase plan shall provide that at the 199
end of the lease period, the buildings, structures, and related 200
improvements, together with the land on which they are situated, 201
shall become the property of the state without cost. 202
(a) Whenever any building, structure, or other improvement 204
is to be so leased by a state agency, the department shall retain 205
either basic plans, specifications, bills of materials, and 206
estimates of cost with sufficient detail to afford bidders all 207
needed information or, alternatively, all of the following plans, 208
details, bills of materials, and specifications: 209
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(i) Full and accurate plans suitable for the use of 211
mechanics and other builders in the improvement; 212
(ii) Details to scale and full sized, so drawn and 214
represented as to be easily understood; 215
(iii) Accurate bills showing the exact quantity of 217
different kinds of material necessary to the construction; 218
(iv) Definite and complete specifications of the work to 220
be performed, together with such directions as will enable a 221
competent mechanic or other builder to carry them out and afford 222
bidders all needed information; 223
(v) A full and accurate estimate of each item of expense 225
and of the aggregate cost thereof. 226
(b) The department shall give public notice, in such 228
newspaper, in such form, and with such phraseology as the 229
director of administrative services prescribes, published once 230
each week for four consecutive weeks, of the time when and place 231
where bids will be received for entering into an agreement to 232
lease to a state agency a building, structure, or other 233
improvement. The last publication shall be at least eight days 234
preceding the day for opening the bids. The bids shall contain 235
the terms upon which the builder would propose to lease the 236
building, structure, or other improvement to the state agency. 237
The form of the bid approved by the department shall be used, and 238
a bid is invalid and shall not be considered unless that form is 239
used without change, alteration, or addition. Before submitting 240
bids pursuant to this section, any builder shall comply with 241
Chapter 153. of the Revised Code. 242
(c) On the day and at the place named for receiving bids 244
for entering into lease agreements with a state agency, the 245
director of administrative services shall open the bids and shall 246
publicly proceed immediately to tabulate the bids upon duplicate 247
sheets. No lease agreement shall be entered into until the 248
bureau of workers' compensation has certified that the person to 249
be awarded the lease agreement has complied with Chapter 4123. of 250
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the Revised Code, until, if the builder submitting the lowest and 251
best bid is a foreign corporation, the secretary of state has 252
certified that the corporation is authorized to do business in 253
this state, until, if the builder submitting the lowest and best 254
bid is a person nonresident of this state, the person has filed 255
with the secretary of state a power of attorney designating the 256
secretary of state as its agent for the purpose of accepting 257
service of summons in any action brought under Chapter 4123. of 258
the Revised Code, and until the agreement is submitted to the 259
attorney general and the attorney general's approval is certified 260
thereon. Within thirty days after the day on which the bids are 262
received, the department shall investigate the bids received and 263
shall determine that the bureau and the secretary of state have 264
made the certifications required by this section of the builder 265
who has submitted the lowest and best bid. Within ten days of 266
the completion of the investigation of the bids, the department 267
shall award the lease agreement to the builder who has submitted 268
the lowest and best bid and who has been certified by the bureau 269
and secretary of state as required by this section. If bidding 270
for the lease agreement has been conducted upon the basis of 271
basic plans, specifications, bills of materials, and estimates of 272
costs, upon the award to the builder the department, or the 273
builder with the approval of the department, shall appoint an 274
architect or engineer licensed in this state to prepare such 275
further detailed plans, specifications, and bills of materials as 276
are required to construct the building, structure, or 277
improvement. The department shall adopt such rules as are 278
necessary to give effect to this section. The department may 279
reject any bid. Where there is reason to believe there is 280
collusion or combination among bidders, the bids of those 281
concerned therein shall be rejected. 282
(15) To acquire by purchase, gift, devise, or grant and to 284
transfer, lease, or otherwise dispose of all real property 285
required to assist in the development of a conversion facility as 286
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defined in section 5709.30 of the Revised Code; 287
(16) To lease for a period not to exceed forty years, 289
notwithstanding any other division of this section, the 290
state-owned property located at 408-450 East Town Street, 291
Columbus, Ohio, formerly the state school for the deaf, to a 292
developer in accordance with this section. "Developer," as used 293
in this section, has the same meaning as in section 123.77 of the 294
Revised Code. 295
Such a lease shall be for the purpose of development of the 297
land for use by senior citizens by constructing, altering, 298
renovating, repairing, expanding, and improving the site as it 299
existed on June 25, 1982. A developer desiring to lease the land 300
shall prepare for submission to the department a plan for 301
development. Plans shall include provisions for roads, sewers, 302
water lines, waste disposal, water supply, and similar matters to 303
meet the requirements of state and local laws. The plans shall 304
also include provision for protection of the property by 305
insurance or otherwise, and plans for financing the development, 306
and shall set forth details of the developer's financial 307
responsibility. 308
The department may employ, as employees or consultants, 310
persons needed to assist in reviewing the development plans. 311
Those persons may include attorneys, financial experts, 312
engineers, and other necessary experts. The department shall 313
review the development plans and may enter into a lease if it 314
finds all of the following: 315
(a) The best interests of the state will be promoted by 317
entering into a lease with the developer; 318
(b) The development plans are satisfactory; 320
(c) The developer has established the developer's 322
financial responsibility and satisfactory plans for financing the 323
development. 324
The lease shall contain a provision that construction or 326
renovation of the buildings, roads, structures, and other 327
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necessary facilities shall begin within one year after the date 328
of the lease and shall proceed according to a schedule agreed to 329
between the department and the developer or the lease will be 330
terminated. The lease shall contain such conditions and 331
stipulations as the director considers necessary to preserve the 332
best interest of the state. Moneys received by the state 333
pursuant to this lease shall be paid into the general revenue 334
fund. The lease shall provide that at the end of the lease 335
period the buildings, structures, and related improvements shall 336
become the property of the state without cost. 337
(17) To lease to any person any tract of land owned by the 339
state and under the control of the department, or any part of 340
such a tract, for the purpose of drilling for or the pooling of 341
oil or gas. Such a lease shall be granted for a period not 342
exceeding forty years, with the full power to contract for, 343
determine the conditions governing, and specify the amount the 344
state shall receive for the purposes specified in the lease, and 345
shall be prepared as in other cases. 346
(B) This section and section 125.02 of the Revised Code 348
shall not interfere with any of the following: 349
(1) The power of the adjutant general to purchase military 351
supplies, or with the custody of the adjutant general of property 352
leased, purchased, or constructed by the state and used for 353
military purposes, or with the functions of the adjutant general 354
as director of state armories; 355
(2) The power of the director of transportation in 357
acquiring rights-of-way for the state highway system, or the 358
leasing of lands for division or resident district offices, or 359
the leasing of lands or buildings required in the maintenance 360
operations of the department of transportation, or the purchase 361
of real property for garage sites or division or resident 363
district offices, or in preparing plans and specifications for 364
and constructing such buildings as the director may require in 365
the administration of the department; 366
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(3) The power of the director of public safety and the 368
registrar of motor vehicles to purchase or lease real property 369
and buildings to be used solely as locations to which a deputy 370
registrar is assigned pursuant to division (B) of section 371
4507.011 of the Revised Code and from which the deputy registrar 372
is to conduct the deputy registrar's business, the power of the 373
director of public safety to purchase or lease real property and 374
buildings to be used as locations for division or district 375
offices as required in the maintenance of operations of the 376
department of public safety, and the power of the superintendent 377
of the state highway patrol in the purchase or leasing of real 378
property and buildings needed by the patrol, to negotiate the 379
sale of real property owned by the patrol, to rent or lease real 380
property owned or leased by the patrol, and to make or cause to 381
be made repairs to all property owned or under the control of the 382
patrol;
(4) The power of the division of liquor control in the 384
leasing or purchasing of retail outlets and warehouse facilities 385
for the use of the division; 386
(5) The power of the director of development to enter into 388
leases of real property, buildings, and office space to be used 389
solely as locations for the state's foreign offices to carry out 390
the purposes of section 122.05 of the Revised Code. 391
(C) Purchases for, and the custody and repair of, 393
buildings under the management and control of the capitol square 394
review and advisory board, the rehabilitation services 395
commission, the bureau of employment services, the bureau of 396
workers' compensation, or the departments of public safety, human 398
services, mental health, mental retardation and developmental 399
disabilities, and rehabilitation and correction, and buildings of 400
educational and benevolent institutions under the management and 401
control of boards of trustees, are not subject to the control and 402
jurisdiction of the department of administrative services. 403
(D) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 405
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PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 407
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 408
SECTION 5301.012 OF THE REVISED CODE.
Sec. 123.04. The director of administrative services shall 417
be appointed superintendent of public works and shall have the 418
care and control of the public works of the state except as 419
provided in section 1521.08 of the Revised Code and shall 420
protect, maintain, and keep them in repair.
Subject to the approval of the governor, the director may 422
purchase on behalf of the state such real or personal property, 423
rights, or privileges as are necessary, in his THE DIRECTOR'S 424
judgment, to acquire in the maintenance of the public works or 426
their improvement.
ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE STATE 428
ACQUIRES REAL PROPERTY PURSUANT TO THIS SECTION SHALL IDENTIFY 429
THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE REAL 430
PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED CODE. 431
Sec. 125.84. In conformance with the "Federal Property and 440
Administrative Services Act of 1949 (,"63 Stat. 377), as 442
amended," similar or related federal property disposal acts of
congress, and sections 125.84 to 125.90 of the Revised Code, the 443
department of administrative services may acquire, warehouse, 444
distribute, transfer, retransfer, recapture, revert, and dispose 445
of federal personal property and shall assist in the acquisition, 446
conveyance, reconveyance, recapture, reversion, and disposal of 447
federal real and related personal property, not required for the 448
needs and the discharge of the responsibilities of all federal 449
departments, agencies, boards, and commissions, for the purpose 450
of making such property available for use to eligible state civil 451
defense, health, and educational institutions and organizations; 452
state departments, agencies, boards, and commissions; bodies 453
politic and corporate, political subdivisions, or other district, 454
regional, or similar authorities established by or pursuant to 455
law; duly authorized local tax-supported civil defense 456
12
organizations; local tax-supported health and educational 457
institutions; local tax-supported institutions and organizations; 458
private nonprofit federally tax-exempt health and educational 459
institutions and organizations in the state; private nonprofit 460
federally tax-exempt institutions, organizations, and activities 461
in the state; and to such other institutions, organizations, or 462
activities in the state as may hereafter become eligible to 463
receive such property. 464
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 466
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 467
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 468
5301.012 OF THE REVISED CODE.
Sec. 149.302. (A) The Ohio historical society, in 477
addition to its other functions, shall establish a museum in the 478
vicinity of Wilberforce to be known as the national museum of 479
Afro-American history and culture. For this purpose the society 480
may accept donations of money, property, and personal services, 481
apply for and receive federal assistance, acquire real property 482
or any estate, right, or interest therein, construct buildings, 483
access roads, parking areas, and other appropriate facilities for 484
museum visitors, and exercise any powers incidental to such 485
purpose. The society shall establish the museum in consultation 486
with the national museum of Afro-American history and culture 487
planning committee established in section 149.303 of the Revised 489
Code. The society shall consult with the committee before 490
selecting a museum site and before acquiring or accepting any
real property for such purpose. It shall consult with the 491
committee on the design, plans, and specifications for the 492
construction or modification of any buildings and other museum 493
visitation facilities. The society, in cooperation and 494
consultation with the committee, shall establish an acquisition 495
policy for the museum. 496
Donations of money received under this section shall be 498
placed in a separate fund within the accounts of the Ohio 499
13
historical society to be used solely for the necessary expenses 500
of the society incurred in the performance of its duties under 501
this section. 502
(B) After the Ohio historical society establishes the 504
national museum of Afro-American history and culture, the society 505
shall convey title to the museum and its contents to a private, 506
nonprofit organization which shall operate and maintain the 507
museum. The society shall determine the conditions of the 508
conveyance, and the conveyance and the conditions of the 509
conveyance are subject to approval by the national museum of 510
Afro-American history and culture planning committee. The 511
society shall operate and maintain the museum until the museum 512
and its contents are conveyed as provided in this section. Any 513
historical items or artifacts donated to the society, or to the 514
private, nonprofit organization to which the society has conveyed 515
the museum and its contents, for placement in the museum, shall 516
remain at the museum as part of its permanent collection. The 517
organization to which the society has conveyed the museum and its 518
contents shall consult with the committee concerning the 519
operation and maintenance of the museum. 520
(C) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 522
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 524
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 525
SECTION 5301.012 OF THE REVISED CODE.
Sec. 152.08. (A) The Ohio building authority may: 534
(1) Acquire, by gift, grant, or purchase, and hold and 536
mortgage, real estate and interests therein and personal property 537
suitable for its purposes, provided that no land used by the 538
authority pursuant to section 152.05 of the Revised Code shall be 539
mortgaged by the authority; 540
(2) Purchase, construct, reconstruct, equip, furnish, 542
improve, alter, enlarge, maintain, repair, and operate buildings, 543
facilities, and other properties for the purposes set forth in 544
section 152.04 of the Revised Code. The authority shall 545
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construct, operate, and maintain its buildings, facilities, and 546
other properties in a healthy, safe, and sanitary manner. 547
(3) Issue revenue bonds to secure funds to accomplish its 549
purposes, the principal of and interest on and all other payments 550
required to be made by the trust agreement or indenture securing 551
such bonds to be paid solely from revenues accruing to the 552
authority through the operation of its buildings, facilities, and 553
other properties; 554
(4) Enter into contracts and execute all instruments 556
necessary in the conduct of its business; 557
(5) Fix, alter, and charge rentals and other charges for 559
the use and occupancy of its buildings, facilities, and other 560
properties and enter into leases with the persons specified in 561
section 152.04 of the Revised Code; 562
(6) Employ financial consultants, appraisers, consulting 564
engineers, architects, superintendents, managers, construction 565
and accounting experts, attorneys-at-law, and other employees and 566
agents as are necessary, in its judgment, and fix their 567
compensation; 568
(7) Provide for the persons occupying its buildings, 570
facilities, and other properties, health clinics, medical 571
services, food services, and such other services as such persons 572
cannot provide for themselves; and, if the authority determines 573
that it is more advantageous, it may enter into contracts with 574
persons, firms, or corporations or with any governmental agency, 575
board, commission, or department to provide any of such clinics 576
or services; 577
(8) Pledge, hypothecate, or otherwise encumber such of its 579
rentals or other charges as may be agreed as security for its 580
obligations, and enter into trust agreements or indentures for 581
the benefit of its bondholders; 582
(9) Borrow money or accept advances, loans, gifts, grants, 584
devises, or bequests from, and enter into contracts or agreements 585
with, any federal agency or other governmental or private source, 586
15
and hold and apply advances, loans, gifts, grants, devises, or 587
bequests according to the terms thereof. Such advances, loans, 588
gifts, grants, or devises of real estate may be in fee simple or 589
of any lesser estate and may be subject to any reasonable 590
reservations. Any advances or loans received from any federal or 591
other governmental or private source may be repaid in accordance 592
with the terms of such advance or loan. 593
(10) Conduct investigations into housing and living 595
conditions in order to be able to purchase, construct, or 596
reconstruct suitable buildings and facilities to fulfill its 597
purpose, and determine the best locations within the state for 598
its buildings, facilities, and other properties; 599
(11) Enter into lawful arrangements with the appropriate 601
federal or state department or agency, county, township, 602
municipal government, or other political subdivision, or public 603
agency for the planning and installation of streets, roads, 604
alleys, public parks and recreation areas, public utility 605
facilities, and other necessary appurtenances to its projects; 606
(12) Purchase fire, extended coverage, and liability 608
insurance for its property, and insurance covering the authority 609
and its officers and employees for liability for damage or injury 610
to persons or property; 611
(13) Sell, lease, release, or otherwise dispose of 613
property owned by the authority and not needed for the purposes 614
of the authority and grant such easements across the property of 615
the authority as will not interfere with its use of its property; 616
(14) Establish rules and regulations for the use and 618
operation of its buildings, facilities, and other properties; 619
(15) Do all other acts necessary to the fulfillment of its 621
purposes. 622
(B) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 624
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 626
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 627
SECTION 5301.012 OF THE REVISED CODE.
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Sec. 152.21. With respect to capital facilities described 636
in sections 152.19 and 152.31 of the Revised Code, the Ohio 637
building authority may: 638
(A) Acquire, by appropriation subject to Chapter 163. of 640
the Revised Code, or by gift, grant, lease, or purchase; hold; 641
lease; mortgage in the case of capital facilities the real 642
property or interest therein of which was not acquired by the 643
authority pursuant to sections 152.05 and 152.06 of the Revised 644
Code; convey; and dispose of real estate and interests in real 645
estate and personal property suitable for its purposes; 646
(B) Acquire, purchase, construct, reconstruct, 648
rehabilitate, remodel, renovate, enlarge, improve, alter, 649
maintain, equip, furnish, repair, paint, decorate, and operate 650
capital facilities as provided in sections 152.18, 152.19, and 651
152.31 of the Revised Code;
(C) Issue obligations to secure funds to accomplish its 653
purposes as more fully set forth in sections 152.09 to 152.33 of 654
the Revised Code; 655
(D) Enter into contracts and execute all instruments 657
necessary in the conduct of its business; 658
(E) Fix, alter, and charge rentals for the use and 660
occupancy of its capital facilities and enter into leases for 661
such use and occupancy as provided in section 152.24 of the 662
Revised Code; 663
(F) Employ financial consultants, appraisers, consulting 665
engineers, architects, superintendents, managers, construction 666
and accounting experts, attorneys at law, and other employees and 667
agents as are necessary, in its judgment, and fix their 668
compensation; 669
(G) Manage and have general custodial care and supervision 671
of its capital facilities or enter into contracts with the 673
department of administrative services or the using state agency
or governmental entity for such purposes; 674
(H) Pledge, hypothecate, or otherwise encumber all or such 676
17
portion as it determines of the available receipts to the payment 677
of bond service charges on obligations or series of obligations 678
issued pursuant to Chapter 152. of the Revised Code and for the 679
establishment and maintenance of any reserves, as provided in the 680
bond resolution, and make other provisions therein with respect 681
to such available receipts as authorized by Chapter 152. of the 682
Revised Code, which shall be controlling notwithstanding any 683
other provisions of law pertaining thereto, and enter into trust 684
agreements or indentures for the benefit of holders of its 685
obligations; 686
(I) Borrow money or accept advances, loans, gifts, grants, 688
devises, or bequests from, and enter into contracts or agreements 689
with, any federal agency or other governmental or private source, 690
and hold and apply advances, loans, gifts, grants, devises, or 691
bequests according to the terms thereof. Such advances, loans, 692
gifts, grants, or devises of real estate may be in fee simple or 693
of any lesser estate and may be subject to any reasonable 694
reservations. Any advances or loans received from any federal or 695
other governmental or private source may be repaid in accordance 696
with the terms of such advance or loan. 697
(J) Enter into lawful arrangements with the appropriate 699
governmental entity for the planning and installation of streets 700
and sidewalks, public utility facilities, and other necessary 701
appurtenances to its capital facilities, and grant necessary 702
easements for such purposes; 703
(K) Purchase all risk or extended coverage, boiler, rents, 705
and public liability insurance for or relating to its property; 706
(L) Establish rules for the use and operation of its 708
buildings and facilities; 709
(M) Do all other acts necessary to the fulfillment of its 711
purposes. 712
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 714
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 715
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 716
18
5301.012 OF THE REVISED CODE.
Sec. 154.06. In connection with capital facilities 726
financed by the Ohio public facilities commission pursuant to 727
authorization by the general assembly, the commission may: 728
(A) Acquire by appropriation, subject to Chapter 163. of 730
the Revised Code, or by gift, grant, lease, or purchase, or 731
combination thereof, and hold, lease, and dispose of real estate 732
and interests therein and personal property for the purposes of 733
Chapter 154. of the Revised Code; 734
(B) Acquire, purchase, construct, reconstruct, equip, 736
furnish, improve, alter, enlarge, remodel, renovate, 737
rehabilitate, maintain, repair, and operate capital facilities 738
for the purposes set forth in Chapter 154. of the Revised Code; 739
(C) Enter into agreements with the director of 741
administrative services providing for the director to acquire by 742
appropriation, subject to Chapter 163. of the Revised Code, real 743
estate and interests therein on behalf of the commission for the 744
purposes of Chapter 154. of the Revised Code and the director may 745
enter into such agreements and appropriate pursuant thereto. 746
(D) Enter into leases or other agreements with 748
governmental agencies upon such terms as are mutually 749
satisfactory, which may include provisions, among others, for 750
rental payments commencing at or at any time after execution of 751
such lease and before completion of the capital facilities leased 752
thereby, provisions relating to the disposition of such capital 753
facilities, and provisions, if determined by the commission, for 754
waiver of rights of repossession by the commission; and such 755
governmental agencies may enter into such leases and agreements 756
with the commission and into subleases and agreements between 757
governmental agencies pertaining to capital facilities financed 758
by the commission, upon terms and conditions mutually 759
satisfactory to the parties and without competitive bidding, and 760
any agreement of such governmental agency to make rental, use, or 761
other payments or payment of purchase price, in installments or 762
19
otherwise, or repayments to or on account of the commission, and 763
the obligations issued by the commission shall not be deemed to 764
constitute indebtedness, bonded or otherwise, or bonds, notes, or 765
other evidence of indebtedness of such governmental agency for 766
the purpose of Chapter 133. of the Revised Code or any other 767
purpose; such lease and agreements requiring payments beyond the 768
current year are continuing contracts for the purposes of 769
sections 5705.41 and 5705.44 of the Revised Code; 770
(E) Contract for the services of financial consultants, 772
appraisers, consulting engineers, architects, construction and 773
accounting experts, attorneys, and other consultants and 774
independent contractors, as are necessary in its judgment to 775
carry out Chapter 154. of the Revised Code; 776
(F) Enter into agreements with one or more governmental 778
agencies or any combination thereof for the management or general 779
custodial care and supervision of capital facilities, and such 780
governmental agencies are authorized to enter into such 781
agreements with the commission upon terms and conditions mutually 782
satisfactory to the parties; 783
(G) Borrow money or accept advances, loans, gifts, grants, 785
devises, or bequests from, and enter into contracts or agreements 786
therefor with, any governmental agency or person, and hold and 787
apply advances, loans, gifts, grants, devises, or bequests, and 788
the capital facilities to which the same relate, according to the 789
terms thereof, which advances, loans, gifts, grants, or devises 790
may, as to real estate be in fee simple or of any lesser estate 791
and may be subject to reasonable reservations, and which advances 792
or loans received from any governmental agency or person may be 793
repaid in accordance with the terms of such advance or loan; 794
(H) Enter into agreements or arrangements with the 796
appropriate governmental agency for the planning and installation 797
of streets, roads, alleys, public parks and recreation areas, 798
public utility facilities, and other necessary appurtenances to 799
its capital facilities; 800
20
(I) Purchase or provide for fire and extend coverage 802
insurance for its property and such other insurance the 803
commission may agree to provide under applicable bond procedings 805
PROCEEDINGS;
(J) Enter into contracts and execute all instruments 807
necessary or incidental to the performance of its duties and the 808
execution of its powers and do all other acts necessary or proper 809
to the fulfillment of its purposes and to carry out the powers 810
expressly granted in Chapter 154. of the Revised Code. 811
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 813
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 814
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 815
5301.012 OF THE REVISED CODE.
Sec. 154.16. Any governmental agency may lease, grant, or 824
convey to the Ohio public facilities commission, at its request, 825
any real property or interests therein including improvements 826
thereto or personal property of or under the control of such 827
governmental agency which is necessary or convenient to the 828
effectuation of the authorized purposes of the commission, 829
including public roads and other real property or interests 830
therein, including improvements thereto or personal property 831
already devoted to public use, upon such terms as the governing 832
body of the governmental agency, and the governor in the case of 833
real estate title of which is in the name of the state, and the 834
commission agree and without the necessity for advertisement, 835
auction, competitive bidding, order of court, or other action or 836
formality, other than the regular and formal action of such 837
governing body, and the governor in the instance above stated. 838
Title to all real estate acquired by the commission shall be 839
taken in the name of the state. 840
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 842
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 843
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 844
5301.012 OF THE REVISED CODE.
21
Sec. 154.21. (A) Subject to authorization by the general 853
assembly under section 154.02 of the Revised Code, the Ohio 854
public facilities commission may authorize and issue obligations 855
pursuant to this chapter to pay the cost of capital facilities 856
for state-supported and state-assisted institutions of higher 857
education. 858
(B) Capital facilities for institutions of higher 860
education financed under this section may be leased by the 861
commission to institutions of higher education or to the Ohio 862
board of regents for the use of institutions of higher education, 863
and such parties may make other agreement for the use or sale and 864
purchase of the facilities; the Ohio board of regents may 865
sublease such capital facilities to institutions of higher 866
education, and such parties may make other agreement for the use 867
or sale and purchase of the facilities, in any manner permitted 868
by the lease or agreement between the commission and the Ohio 869
board of regents; all upon such terms and conditions as the 870
parties may agree upon and pursuant to this chapter, 871
notwithstanding other provisions of law affecting the leasing, 872
acquisition, or disposition of capital facilities by such 873
parties. Any such leases, subleases, or agreements may contain 874
provisions setting forth the responsibilities of the commission, 875
institutions of higher education, and Ohio board of regents as to 876
the financing, construction, operation, maintenance, and insuring 877
of such facilities and other terms and conditions applicable 878
thereto, including designation of the "owner" for purposes of 879
Chapter 153. of the Revised Code, and any other provisions 880
mutually agreed upon for the purposes of this chapter. Promptly 881
upon execution thereof, a signed or conformed copy of each such 882
lease or agreement, and any supplement thereto, between an 883
institution of higher education or the Ohio board of regents and 884
the commission shall be filed by the commission with the Ohio 885
board of regents and the director of budget and management, and 886
promptly upon execution thereof, a signed or conformed copy of 887
22
each such sublease or agreement between the Ohio board of regents 888
and an institution of higher education shall be filed by the Ohio 889
board of regents with the commission and the director. 890
(C) For purposes of this section, "available receipts" 892
means fees, tuitions, charges, revenues, and all other receipts 893
of or on behalf of state supported and state assisted 894
institutions of higher education, any revenues or receipts 895
derived by the commission from the operation, leasing, or other 896
disposition of capital facilities financed under this section, 897
the proceeds of obligations issued under this section and 898
sections 154.11 and 154.12 of the Revised Code, and also means 899
any gifts, grants, donations, and pledges, and receipts 900
therefrom, available for the payment of bond service charges on 901
such obligations. Subject to any pledge of that portion of 902
available receipts, comprised of fees, tuitions, charges, 903
revenues, and receipts derived directly by an institution of 904
higher education, which has been or may thereafter be made 905
pursuant to section 3345.07, 3345.11, 3345.12, 3349.05, 3354.121, 906
or 3357.112 of the Revised Code, the commission may pledge all or 908
such portion as it determines of the available receipts to the 909
payment of bond service charges on obligations issued under this 910
section and sections 154.11 and 154.12 of the Revised Code and 911
for the establishment and maintenance of any reserves, as 912
provided in the bond proceedings, and make other provisions 913
therein with respect to such available receipts as authorized by 914
this chapter, which provisions shall be controlling, 915
notwithstanding any other provision of law pertaining thereto. 916
(D) In the event that moneys in the higher education bond 918
service fund and available receipts from payments to be made to 919
the commission under leases and agreements with the Ohio board of 920
regents, together with any other funds made available by the 921
general assembly, will be insufficient, without application of 922
reserves, for the payment of bond service charges and for the 923
establishment and maintenance of reserves, as provided in the 924
23
bond proceedings, then the commission, upon consultation with the 925
institutions of higher education to be affected and the Ohio 926
board of regents, may require the institutions of higher 927
education to charge, collect, and transmit to the credit of the 928
higher education bond service fund provided for in division (E) 929
of this section, a special student fee, which may be a segregated 930
part of the established instruction fee or other fee, in such 931
amount or amounts as are necessary for the payment of the bond 932
service charges on obligations issued under this section and 933
sections 154.11 and 154.12 of the Revised Code and for the 934
establishment and maintenance of any reserves, as provided in the 935
bond proceedings. Such special fee constitutes "available 936
receipts" within the meaning thereof in division (C) of this 937
section, and may be pledged as therein provided in addition to, 938
or in lieu of, or to be applied prior to, other available 939
receipts, as provided in the bond proceedings; provided, that 940
such special fee shall not be deemed to be pledged by the 941
institutions of higher education under section 3345.07, 3345.11, 942
3345.12, 3349.05, 3354.121, or 3357.112 of the Revised Code. The 944
commission may covenant in the bond proceedings to require such 945
special fee to be charged, collected, and transmitted pursuant to 946
this division. In the event the initiation of such special fee 947
is required in accordance with such covenant, the commission 948
shall by rules transmitted to each institution of higher 949
education affected thereby, fix, establish, and from time to time 950
modify, as it may consider appropriate, the amount or amounts of 951
the fee, exemptions therefrom, such distinctions, if any, as it 952
may determine appropriate for full-time and part-time students or 953
students enrolled in different programs, or other bases for 954
distinction among students, so that students throughout the state 955
in similar classifications under such rules are so far as 956
feasible treated alike, and establish and from time to time 957
modify other rules, procedures, and definitions for the charge, 958
collection, and transmission of such special fees. 959
24
Notwithstanding any other provision of law pertaining thereto, 960
the governing boards of the institutions of higher education 961
shall charge, collect, and transmit such special fee in 962
accordance with such rules.
(E) There is hereby created the higher education bond 964
service trust fund, which shall be in the custody of the 965
treasurer of state but shall be separate and apart from and not a 966
part of the state treasury. All moneys received by or on account 967
of the commission and required by the applicable bond proceedings 968
to be deposited, transferred, or credited to the higher education 969
bond service trust fund, and all other moneys transferred or 970
allocated to or received for the purposes of the higher education 971
bond service trust fund, shall be deposited with the treasurer of 972
state and credited to such fund, subject to any applicable 973
provisions of the bond proceedings, without necessity for any act 974
of appropriation. The higher education bond service trust fund 975
is a trust fund and is hereby pledged to the payment of bond 976
service charges on the obligations issued pursuant to this 977
section and sections 154.11 and 154.12 of the Revised Code to the 978
extent provided in the applicable bond proceedings, and payment 979
thereof from such fund shall be made or provided for by the 980
treasurer of state in accordance with such bond proceedings 981
without necessity for any act of appropriation. 982
(F) There is hereby created in the state treasury the 984
higher education improvement fund. Subject to the bond 985
proceedings therefor, all of the proceeds of the sale of higher 986
education obligations shall be credited to the fund, except that 987
any accrued interest received shall be credited to the higher 988
education bond service fund. The higher education improvement 989
fund may also be comprised of gifts, grants, appropriated moneys, 990
and other sums and securities received to the credit of such 991
fund. The fund shall be applied only to the purpose of paying 992
costs of capital facilities for state-supported and 993
state-assisted institutions of higher education, which may 994
25
include participation with one or more such institutions of 995
higher education in any such capital facilities by way of grants, 996
loans, or contributions to them for such capital facilities. 997
(G) This section shall be applied with other applicable 999
provisions of this chapter. 1,000
(H) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 1,002
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 1,004
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 1,005
SECTION 5301.012 OF THE REVISED CODE.
Sec. 154.22. (A) Subject to authorization by the general 1,014
assembly under section 154.02 of the Revised Code, the Ohio 1,015
public facilities commission may authorize and issue obligations 1,016
pursuant to this chapter to pay costs of capital facilities for 1,017
parks and recreation. 1,018
(B) Any capital facilities for parks and recreation may be 1,020
leased by the commission to the department of natural resources 1,021
and other agreements may be made by the commission and such 1,022
department with respect to the use or purchase of such capital 1,023
facilities or, subject to the approval of the director of such 1,024
department, the commission may lease such capital facilities to, 1,025
and make other agreements with respect to their use or purchase 1,026
with, any governmental agency having authority under law to 1,027
operate such capital facilities, and the director of such 1,028
department may sublease such capital facilities to, and make 1,029
other agreements with respect to the use or purchase thereof 1,030
with, any such governmental agency, or such director may sublease 1,031
or contract for the operation of such capital facilities in 1,032
accordance with the applicable provisions of sections 1501.09, 1,033
1501.091, and 1501.10 of the Revised Code, all upon such terms 1,034
and conditions as the parties may agree upon and pursuant to this 1,035
chapter, notwithstanding any other provisions of law affecting 1,036
the leasing, acquisition, or disposition of capital facilities by 1,037
such parties. 1,038
(C) For purposes of this section, "available receipts" 1,040
26
means all receipts, including fees, charges, and rentals, derived 1,041
or to be derived from state parks and public service facilities 1,042
in any state park or parks, any other receipts of state agencies 1,043
with respect to parks and recreational facilities, any revenues 1,044
or receipts derived by the commission from the operation, 1,045
leasing, or other disposition of capital facilities financed 1,046
under this section, the proceeds of obligations issued under this 1,047
section and sections 154.11 and 154.12 of the Revised Code, and 1,048
also means any gifts, grants, donations, and pledges, and 1,049
receipts thereon, available for the payment of bond service 1,050
charges on obligations issued under this section. The commission 1,051
may pledge all, or such portion as it determines, of the 1,052
available receipts to the payment of bond service charges on 1,053
obligations issued under this section and sections 154.11 and 1,054
154.12 of the Revised Code and for the establishment and 1,055
maintenance of any reserves, as provided in the bond proceedings, 1,056
and make other provisions therein with respect to such available 1,057
receipts as authorized by this chapter, which provisions shall be 1,058
controlling notwithstanding any other provision of law pertaining 1,059
thereto. 1,060
(D) The commission may covenant in the bond proceeding 1,062
that the state and state agencies shall, so long as any 1,063
obligations issued under this section are outstanding, cause to 1,064
be charged and collected fees, charges, and rentals for the use 1,065
of state parks and public service facilities and other fees and 1,066
charges with respect to parks and recreation sufficient in amount 1,067
to provide for the payment of bond service charges on such 1,068
obligations and for the establishment and maintenance of any 1,069
reserves as provided in the bond proceedings, and such covenants 1,070
shall be controlling notwithstanding any other provision of law 1,071
pertaining to such charges except any provision of law 1,072
prohibiting or limiting charges for the use of swimming 1,073
facilities of state parks and public service facilities by 1,074
persons under sixteen years of age. 1,075
27
(E) There is hereby created the parks and recreation bond 1,077
service trust fund, which shall be in the custody of the 1,078
treasurer of state but shall be separate and apart from and not a 1,079
part of the state treasury. All moneys received by or on account 1,080
of the commission or state agencies and required by the 1,081
applicable bond proceedings to be deposited, transferred, or 1,082
allocated to or received for the purposes of the trust fund shall 1,083
be deposited with the treasurer of state and credited to such 1,084
fund, subject to applicable provisions of the bond proceedings 1,085
but without necessity for any act of appropriation. The trust 1,086
fund is hereby pledged to the payment of bond service charges on 1,087
the obligations issued pursuant to this section and sections 1,088
154.11 and 154.12 of the Revised Code to the extent provided in 1,089
the applicable bond proceedings, and payment thereof from such 1,090
fund shall be made or provided for by the treasurer of state in 1,091
accordance with such bond proceedings without necessity for any 1,092
act of appropriation. 1,093
(F) There is hereby created in the state treasury the 1,095
parks and recreation improvement fund. Subject to the bond 1,096
proceedings therefor, all of the proceeds of the sale of 1,097
obligations issued pursuant to this section shall be credited to 1,098
such fund, except that any accrued interest received shall be 1,099
credited to the parks and recreation bond service trust fund. 1,100
The parks and recreation improvement fund may also be comprised 1,101
of gifts, grants, appropriated moneys, and other sums and 1,102
securities received to the credit of such fund. Such fund shall 1,103
be applied only to the purpose of paying costs of capital 1,104
facilities for parks and recreation under the jurisdiction of the 1,105
department of natural resources or for participation in capital 1,106
facilities for parks and recreation with the federal government, 1,107
municipal corporations, counties, or other governmental agencies, 1,108
or any one or more of them, which participation may be by grants 1,109
or contributions to them for such capital facilities. 1,110
(G) All state parks shall be exclusively under the control 1,112
28
and administration of the division of parks and recreation. With 1,113
the approval of the recreation and resources council, the 1,115
director of natural resources may by order remove from the 1,116
classification as state parks any of the lands or interests 1,117
therein referred to in divisions (M)(2) and (3) of section 154.01 1,118
of the Revised Code, subject to the limitations, provisions, and 1,119
conditions in any order authorizing state park revenue bonds, in 1,120
any trust agreement securing such bonds, or in bond proceedings 1,121
with respect to obligations issued pursuant to this section. 1,122
Lands or interests therein so removed shall be transferred to 1,123
other divisions of the department for administration or may be 1,124
sold as provided by law. Proceeds of any sale shall be used or 1,125
transferred as provided in the order authorizing state park 1,126
revenue bonds or in such trust agreement, or in bond proceedings 1,127
with respect to obligations issued pursuant to this section, and 1,128
if no such provision is made shall be transferred to the state 1,129
park fund created by section 1541.22 of the Revised Code. 1,130
(H) This section shall be applied with other applicable 1,132
provisions of this chapter. 1,133
(I) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 1,135
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 1,137
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 1,138
SECTION 5301.012 OF THE REVISED CODE.
Sec. 154.23. (A) Subject to authorization by the general 1,148
assembly under section 154.02 of the Revised Code, the Ohio 1,149
public facilities commission may authorize and issue obligations 1,150
pursuant to this chapter to pay costs of capital facilities for 1,151
housing of branches and agencies of state government, including 1,152
capital facilities for the purposes of housing personnel, 1,153
equipment, or functions, or any combination thereof, that the 1,154
state agencies are responsible for housing, except capital 1,155
facilities for mental hygiene and retardation as referred to in 1,156
section 154.20 of the Revised Code, capital facilities for 1,157
state-supported and state-assisted institutions of higher 1,158
29
education as referred to in section 154.21 of the Revised Code, 1,159
capital facilities for parks and recreation as referred to in 1,160
section 154.22 of the Revised Code, and capital facilities 1,161
authorized by the general assembly to be financed pursuant to 1,162
division (F) of section 152.09 of the Revised Code with 1,163
obligations issued under Chapter 152. of the Revised Code. Such 1,164
obligations may be issued pursuant to one or more separate bond 1,165
proceedings as the commission determines. 1,166
(B) Capital facilities for housing of branches and 1,168
agencies of state government may be leased by the commission to 1,169
the using state agency or to the department of administrative 1,170
services for the use of such state agency or to other 1,171
governmental agencies and the department of administrative 1,172
services or the using state agency may sublease such capital 1,173
facilities to other state agencies or other governmental 1,174
agencies, and such parties may make other agreements for the use 1,175
or sale or purchase of such capital facilities in any manner 1,176
permitted by the lease or agreement with the commission, all upon 1,177
such terms and conditions as the parties may agree upon and 1,178
pursuant to this chapter, notwithstanding other provisions of law 1,179
affecting the leasing, acquisition, or disposition of capital 1,180
facilities by such parties. Any such lease between the 1,181
commission and the department of administrative services or the 1,182
using state agency shall be for a period not to exceed the then 1,183
current two-year period for which appropriations have been made 1,184
by the general assembly to the department of administrative 1,185
services or the state agencies which will occupy the building or 1,186
facility being leased. An agreement between the commission and 1,187
the department or using state agency may provide for renewal of 1,188
the lease at the end of each term for another term, not exceeding 1,189
two years, but no renewal shall be effective until the effective 1,190
date of an appropriation enacted by the general assembly from 1,191
which the department of administrative services or the using 1,192
state agency may lawfully pay rentals under such lease. Any such 1,193
30
leases, subleases, or agreements may contain provisions setting 1,194
forth the responsibilities of the commission, state agencies, or 1,195
other governmental agencies as to the financing, construction, 1,196
subleasing, operation, maintenance, and insuring of such capital 1,197
facilities and other terms and conditions applicable thereto, 1,198
including designation of the "owner" for purposes of Chapter 153. 1,199
of the Revised Code, and any other provisions mutually agreed 1,200
upon for the purposes of this chapter. Promptly upon execution 1,201
thereof a signed or conformed copy of each such lease or sublease 1,202
or agreement, and any supplement thereto, between the commission 1,203
and a governmental agency shall be filed by the commission with 1,204
the department of administrative services and the director of 1,205
budget and management, and promptly upon execution thereof a 1,206
signed or conformed copy of each such sublease or agreement 1,207
between two governmental agencies, not including the commission, 1,208
shall be filed with the commission and the director. 1,209
(C) For purposes of this section, "available receipts" 1,211
means fees, charges, revenues, grants, subsidies, income from the 1,212
investment of moneys, proceeds from the sale of goods or 1,213
services, and all other revenues or receipts received by or on 1,214
behalf of any state agency for which capital facilities are 1,215
financed with obligations issued under this section or any state 1,216
agency by which the capital facilities are constructed or 1,217
financed; revenues or receipts derived by the commission from the 1,218
operation, leasing, or other disposition of capital facilities 1,219
financed under this section; and the proceeds of obligations 1,220
issued under this section and sections 154.11 and 154.12 of the 1,221
Revised Code; and also means any moneys appropriated by a 1,222
governmental agency, gifts, grants, donations, and pledges, and 1,223
receipts therefrom, available for the payment of bond service 1,224
charges on such obligations. The commission may pledge all or 1,225
such portion as it determines of the available receipts to the 1,226
payment of bond service charges on obligations or series of 1,227
obligations issued under this section and sections 154.11 and 1,228
31
154.12 of the Revised Code and for the establishment and 1,229
maintenance of any reserves, as provided in the bond proceedings, 1,230
and make other provisions therein with respect to such available 1,231
receipts as authorized by this chapter, which shall be 1,232
controlling notwithstanding any other provisions of law 1,233
pertaining thereto. 1,234
(D) The commission may covenant in the bond proceedings 1,236
that the state and state agencies shall, so long as any 1,237
obligations issued under this section and those bond proceedings 1,238
are outstanding, cause to be charged and collected such revenues 1,239
and receipts constituting available receipts under those bond 1,240
proceedings sufficient in amount to provide for the payment of 1,241
bond service charges on those obligations and for the 1,242
establishment and maintenance of any reserves, as provided in the 1,243
bond proceedings for such obligations. Such covenants shall be 1,244
controlling, notwithstanding any other provision of law 1,245
pertaining to such revenues and receipts. 1,246
(E) There is hereby created one or more funds, as 1,248
determined by the commission in the bond proceedings, designated 1,249
the "state agency bond service fund" with, if more than one such 1,250
fund, such further identifying name as the commission determines, 1,251
which shall be in the custody of the treasurer of state but shall 1,252
be separate and apart from and not a part of the state treasury. 1,253
All moneys received by or on account of the commission or state 1,254
agencies and required by the applicable bond proceedings to be 1,255
deposited, transferred, or credited to the state agency bond 1,256
service fund, and all other moneys transferred or allocated to or 1,257
received for the purposes of that fund shall be deposited with 1,258
the treasurer of state and credited to the applicable fund, 1,259
subject to applicable provisions of the bond proceedings, but 1,260
without necessity of any act or appropriation. The state agency 1,261
bond service funds are trust funds and are hereby pledged to the 1,262
payment of bond service charges on the applicable obligations 1,263
issued pursuant to this section and sections 154.11 and 154.12 of 1,264
32
the Revised Code to the extent provided in the applicable bond 1,265
proceedings, and payment thereof from such funds shall be made or 1,266
provided for by the treasurer of state in accordance with the 1,267
applicable bond proceedings without necessity for any act of 1,268
appropriation. 1,269
(F) There is hereby created in the state treasury one or 1,271
more funds, as determined by the commission in the bond 1,272
proceedings, designated the "state agency facilities improvement 1,273
fund" with, if more than one such fund, such further identifying 1,274
name as the commission determines, which shall be in the custody 1,275
of the treasurer of state. Subject to the bond proceedings 1,276
therefor, all of the proceeds of the sale of obligations pursuant 1,277
to this section shall be credited to the applicable state agency 1,278
facilities improvement fund, except that any accrued interest 1,279
shall be credited to the applicable bond service fund. The state 1,280
agency facilities improvement funds may also be comprised of 1,281
gifts, contributions from governmental agencies, grants, 1,282
appropriated moneys, and other sums and securities received to 1,283
the credit of such funds. Such funds shall be applied only to 1,284
the purpose of paying applicable costs of capital facilities for 1,285
housing of branches and agencies of state government or for 1,286
participation in capital facilities for housing of branches and 1,287
agencies of state government with the federal government, 1,288
municipal corporations, counties, or other governmental agencies, 1,289
or any one or more of them, which participation may be by grants 1,290
or contributions to them for such capital facilities. 1,291
(G) This section is to be applied with other applicable 1,293
provisions of this chapter. 1,294
(H) ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE 1,296
STATE ACQUIRES REAL PROPERTY PURSUANT TO THIS SECTION SHALL 1,298
IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF 1,299
THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED 1,300
CODE.
Sec. 163.02. (A) Except as provided in divisions (B), 1,309
33
(C), and (D) of this section, all appropriations of real property 1,310
shall be made pursuant to sections 163.01 to 163.22 of the 1,311
Revised Code. 1,312
(B) Subject to division (E) of this section, the director 1,314
of transportation may appropriate real property pursuant to 1,315
sections 163.01 to 163.22 of the Revised Code or as otherwise 1,316
provided by law. 1,317
(C) Subject to division (E) of this section, a conservancy 1,319
district may appropriate real property by procedures prescribed 1,320
in Chapter 6101. of the Revised Code. 1,321
(D) Subject to division (E) of this section, a sanitary 1,323
district may appropriate real property by procedures prescribed 1,324
in Chapter 6115. of the Revised Code. 1,325
(E) When the director of transportation, a conservancy 1,327
district, or a sanitary district proceeds to appropriate real 1,328
property other than under sections 163.01 to 163.22 of the 1,329
Revised Code, the proceedings are subject to division (B) of 1,330
section 163.21 of the Revised Code. 1,331
(F) ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE 1,333
STATE ACQUIRES REAL PROPERTY PURSUANT TO THIS SECTION SHALL 1,335
IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF 1,336
THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED 1,337
CODE.
Sec. 165.02. Section 13 of Article VIII, Ohio 1,346
Constitution, is in part implemented by this chapter in 1,347
furtherance of the public purposes of the state to create or 1,348
preserve jobs and employment opportunities and to improve the 1,349
economic welfare of the people of the state. An issuer acting 1,350
through its issuing authority may in accordance with Section 13 1,351
of Article VIII, Ohio Constitution: 1,352
(A) Acquire by gift or purchase and hold and mortgage real 1,354
estate and interests therein and personal property to be used as 1,355
a project or a part thereof; 1,356
(B) Purchase, construct, reconstruct, enlarge, improve, 1,358
34
furnish, and equip and lease, sell, exchange, and otherwise 1,359
dispose of projects or parts thereof for those of the purposes 1,360
set forth in Section 13 of Article VIII, Ohio Constitution that 1,361
are specified in the first sentence of this section, including, 1,362
without limitation thereto, the sale of projects by conditional 1,363
or installment sale, under which title may pass prior to or after 1,364
completion of construction of a project or payment or provision 1,365
for payment of all principal of, premium, if any, and interest on 1,366
the bonds, or at any other time provided in the agreement 1,367
pertaining to such sale, and including sale under an option to 1,368
purchase upon agreed terms which may include a price which may be 1,369
a nominal amount or less than true value at the time of purchase; 1,370
(C) Issue its bonds to provide funds, by loans or 1,372
otherwise, for acquiring, constructing, reconstructing, 1,373
enlarging, improving, furnishing, or equipping one or more 1,374
projects or parts thereof; 1,375
(D) Make loans for the acquisition, construction, 1,377
reconstruction, enlargement, improvement, furnishing, or 1,378
equipping of projects or parts thereof upon such terms as the 1,379
issuing authority may determine or authorize, including secured 1,380
or unsecured loans, and, in connection therewith, enter into loan 1,381
agreements and other agreements, accept notes or other forms of 1,382
obligation to evidence such indebtedness and security interests 1,383
to secure such indebtedness, and take such action as may be 1,384
considered by it appropriate to protect such security and 1,385
safeguard against losses, including, without limitation thereto, 1,386
foreclosure and the bidding upon and purchase of property upon 1,387
foreclosure or other sale; 1,388
(E) Enter into contracts and execute all instruments 1,390
necessary or appropriate to carry out the purposes of Chapter 1,391
165. of the Revised Code; 1,392
(F) Fix, alter, and collect rentals and other charges for 1,394
the use and occupancy of a project and lease the project to 1,395
others, including a contract with, or the granting of an option 1,396
35
to the lessee to purchase the project for such price as the 1,397
issuing authority in its sole discretion determines to be 1,398
appropriate, after retirement or redemption, or provision 1,399
therefor, of all the bonds of the issuer issued to provide funds 1,400
for the project; 1,401
(G) Retain, contract with, or employ and fix the 1,403
compensation of financial consultants, appraisers, accounting 1,404
experts, architects, engineers, attorneys at law, and other 1,405
employees, agents, and independent contractors as are necessary 1,406
in the judgment of the issuing authority to carry out the 1,407
provisions of Chapter 165. of the Revised Code; 1,408
(H) Pledge, assign, hypothecate, or otherwise encumber as 1,410
security for the bonds, the rentals, revenues, and other income, 1,411
charges, and moneys realized from the use, lease, sale, or other 1,412
disposition of one or more projects or parts thereof as may be 1,413
designated in the bond proceedings and enter into trust 1,414
agreements or indentures of mortgage for the benefit of 1,415
bondholders; 1,416
(I) Enter into appropriate arrangements with any federal 1,418
or state department or agency, county, township, municipal 1,419
corporation, or other political subdivision, taxing district, or 1,420
public body or agency for the planning and installation of 1,421
streets, roads, alleys, water supply and distribution facilities, 1,422
storm and sanitary sewage collection and disposal facilities, and 1,423
other necessary appurtenances to a project; 1,424
(J) Purchase fire and extended coverage and liability 1,426
insurance for a project, insurance protecting the issuer and its 1,427
officers and employees against liability for damage to property 1,428
or injury to or death of persons arising from the project, and 1,429
any other insurance the issuer may agree to provide under the 1,430
bond proceedings; 1,431
(K) Sell, lease, release, or otherwise dispose of real and 1,433
personal property or interests therein, or a combination thereof, 1,434
acquired by the issuer under authority of Chapter 165. of the 1,435
36
Revised Code and no longer needed for the purposes of such 1,436
chapter or of the issuer, and grant such easements and other 1,437
rights in, over, under, or across a project as will not interfere 1,438
with its use of such property. Such sale, lease, release, 1,439
disposition, or grant may be made without competitive bidding and 1,440
in such manner and for such consideration as the issuing 1,441
authority in its judgment deems appropriate; 1,442
(L) Do all other acts necessary or appropriate to carry 1,444
out those of the purposes of Section 13 of Article VIII, Ohio 1,445
Constitution that are specified in the first sentence of this 1,446
section, and the purposes of this chapter. 1,447
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 1,449
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 1,450
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 1,451
5301.012 OF THE REVISED CODE.
Sec. 175.04. The Ohio housing finance agency may: 1,460
(A) Adopt bylaws for the conduct of its business; 1,462
(B) Subject to sections 175.05 and 175.06 of the Revised 1,464
Code, purchase and contract to purchase loans or other evidence 1,465
of debt from, and make and contract to make loans to, or through, 1,466
lending institutions; 1,467
(C) Procure or require the procurement of insurance 1,469
against any loss in connection with its operations, including 1,470
without limitation the repayment of any loan, in such amounts and 1,471
from such insurers, including, without limitation, the federal 1,472
government, and pay any premiums therefor; 1,473
(D) Arrange for guarantees of its bonds by the federal 1,475
government or by any private insurer or others, and contract, 1,476
arrange for, make, or obtain letters of credit, agreements to 1,477
purchase, repurchase, remarket, and index bonds, investment 1,478
agreements, certificates of deposit, and other arrangements, 1,479
agreements, and instruments related to the security for, or 1,480
application or investment of funds pertaining to, the bonds, and 1,481
pay any premiums or other consideration therefor from the 1,482
37
proceeds of bonds or other revenues; 1,483
(E) Contract for the administration, origination, and 1,485
servicing of loans; 1,486
(F) Contract with, retain, or designate financial 1,488
consultants, accountants, and such other consultants and 1,489
independent contractors as the agency may determine to be 1,490
necessary or appropriate to carry out the purposes of this 1,491
chapter and to fix the terms thereof; 1,492
(G) Subject to the rights of holders of bonds, collect, 1,494
enforce the collection of, and foreclose on any collateral 1,495
securing loans and acquire or take possession of such collateral 1,496
and sell the same at public or private sale, and otherwise deal 1,497
with such collateral as may be necessary to protect the interest 1,498
of the agency and the holders of bonds; 1,499
(H) Subject to the rights of holders of bonds, consent to 1,501
any modification with respect to the rate of interest, time of 1,502
payment of any installment of principal or interest, security or 1,503
other term of any loan or commitment therefor or agreement of any 1,504
kind to which the agency is a party or beneficiary; 1,505
(I) Charge, alter, and collect fees, interest rates, or 1,507
other charges for loans, allocation of loan funds, purchases of 1,508
mortgage loans, processing services, or other services; 1,509
(J) Undertake and carry out or authorize the completion of 1,511
studies and analyses of housing conditions and needs within the 1,512
state relevant to the purpose of this chapter to the extent not 1,513
otherwise undertaken by other departments or agencies of the 1,514
state satisfactory for such purpose; 1,515
(K) Acquire by gift, purchase, foreclosure, or other 1,517
means, and hold, assign, pledge, lease, transfer, or otherwise 1,518
dispose of real and personal property, or any interest therein, 1,519
in the exercise of its powers and the performance of its duties 1,520
under this chapter; 1,521
(L) Receive and accept gifts, grants, loans, or any other 1,523
financial or other form of aid from any federal, state, local, or 1,524
38
private agency or fund and enter into any contract with any such 1,525
agency or fund in connection therewith, and receive and accept 1,526
aid or contributions from any other source of money, property, 1,527
labor or things of value, to be held, used, and applied only for 1,528
the purposes for which such grants and contributions are made, 1,529
all within the purposes of this chapter; 1,530
(M) Sue and be sued in its own name with respect to its 1,532
contracts or to enforce this chapter or its obligations or 1,533
covenants made under this chapter; 1,534
(N) Make and enter into all contracts, commitments, and 1,536
agreements, and execute all instruments necessary or incidental 1,537
to the performance of its duties and the execution of its powers 1,538
under this chapter; 1,539
(O) Adopt an official seal; 1,541
(P) In exercising its powers under this chapter, do all of 1,543
the following: 1,544
(1) Make noninterest-bearing advances or commitments 1,546
therefor from the housing development fund and from any other 1,547
sources available for that purpose, but not from the proceeds of 1,548
bonds to sponsors to pay those expenses which are necessary and 1,549
proper in connection with the preparation of applications for 1,550
financial assistance for housing developments, which may include 1,551
payments for options to purchase proposed housing development 1,552
sites, deposits on purchase contracts, payments for the purchase 1,553
of development sites, legal, organizational, and marketing 1,554
expenses, project manager and clerical staff salaries, office 1,555
rent, fees for preliminary feasibility studies, planning, 1,556
engineering, and architectural work, application and other fees 1,557
of federal, state, and local agencies. Advances shall be repaid 1,558
and in the event a mortgage loan or other permanent financing 1,559
becomes available to the recipient, whether from the agency or 1,560
any other source, for the cost of the housing development, the 1,561
advance shall be repaid in full to the agency out of such 1,562
proceeds. No advances shall be made unless the agency may 1,563
39
reasonably anticipate that assisted mortgage financing will be 1,564
obtained for the permanent financing of the development. 1,565
(2) Guarantee the repayment or make commitments to 1,567
guarantee the repayment of a loan or any part of a loan to a 1,568
sponsor, homeowner, or private developer from the agency or any 1,569
approved lender for paying the costs of the development of 1,570
housing for low and moderate income families or for financing 1,571
mortgages for housing for elderly and low or moderate income 1,572
families. The agency may enter into contracts with any lender or 1,573
borrower upon such terms and conditions as it may agree upon with 1,574
the lender or borrower to provide for the administration of the 1,575
loan guaranteed by the agency including applications and terms 1,576
for repayment. A loan so guaranteed shall be declared in default 1,577
after the expiration of a period of nonpayment prescribed by the 1,578
agency. The lender may then apply for payment of the loan or of 1,579
that portion of the loan which is in default. Upon determination 1,580
by the agency that the loan or portion of a loan is in default, 1,581
the agency shall pay from the housing guarantee fund created by 1,582
division (C) of section 175.10 of the Revised Code that amount 1,583
that was subject to guarantee by the agency. 1,584
(3) Use the reserve funds of the agency that are not 1,586
raised by taxation and that are not otherwise obligated for debt 1,587
service to guarantee single family mortgage revenue bonds issued 1,588
by the agency.
(4) Make, undertake commitments to make, and participate 1,590
in the making of mortgage loans, including without limitation 1,591
federally insured mortgage loans, and to make temporary loans and 1,592
advances in anticipation of permanent mortgage loans to sponsors, 1,593
homeowners, and private developers to finance the construction or 1,594
rehabilitation of housing developments; provided, however, that 1,595
such loans shall be made only upon the determination by the 1,596
agency that mortgage loans are not otherwise available, wholly or 1,597
in part, from private lenders upon reasonably equivalent terms 1,598
and conditions; 1,599
40
(5) Provide such technical information, advice, and 1,601
assistance, on obtaining federal and state aid, as will encourage 1,602
or assist the planning, construction, rehabilitation, and 1,603
operation of housing for low and moderate income persons to 1,604
sponsors, homeowners, and private developers. For those 1,605
sponsors, homeowners, and private developers who may be eligible 1,606
for, or who obtain, financial assistance from the agency, or a 1,607
mortgage loan made by a lender under terms and conditions 1,608
established and enforced by the agency, the agency may provide 1,609
information, assistance, or instruction concerning agency 1,610
programs, eligibility requirements, application procedures, and 1,611
other such matters. The costs of such assistance may be paid 1,612
from any sources available to the agency for that purpose, but 1,613
not from the proceeds of bonds. 1,614
(6) Determine income limits for low and moderate income 1,616
persons and establish periodic reviews of income limits, which 1,617
income limits may vary from area to area within the state and 1,618
shall be based upon the factors enumerated in division (G) of 1,619
section 175.01 of the Revised Code; 1,620
(7) Establish, and close out such funds as would be 1,622
convenient and appropriate for the carrying out of the purposes 1,623
of Chapter 175. of the Revised Code; 1,624
(8) Invest in, purchase, and take assignments from lenders 1,626
of notes and mortgage loans including federally insured mortgage 1,627
loans or participations with lenders in such notes and mortgage 1,628
loans for the construction, rehabilitation, purchase, leasing, or 1,629
refinancing of housing developments in this state upon the terms 1,630
set forth in section 175.05 of the Revised Code; 1,631
(9) Sell at public or private sale, any mortgage or 1,633
mortgage backed securities held by the agency. 1,634
(Q) Do any and all things necessary or appropriate to 1,636
carry out the purposes and exercise the powers granted in this 1,637
chapter and the purposes of Section 14 of Article VIII, Ohio 1,638
Constitution. 1,639
41
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 1,641
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 1,642
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 1,643
5301.012 OF THE REVISED CODE.
Sec. 319.201. Whenever the state or any political 1,652
subdivision thereof acquires an easement, right, title, or 1,653
interest in a parcel or part of a parcel of real property, either 1,654
by deed of purchase or by order of court, upon which parcel of 1,655
real property the lien for taxes has attached under section 1,656
323.11 or 5727.06 of the Revised Code, the state agency or 1,657
political subdivision acquiring such real property shall file 1,658
evidence of title by purchase or by court order with the county 1,659
auditor of the county in which such property is located. Such 1,660
evidence of title shall contain a reference to the volume and 1,661
page of the recording of the next preceding recorded instrument 1,662
by or through which the grantor or previous property owner 1,663
acquired or claims title. Such evidence of title shall be 1,664
endorsed by the county auditor as provided in section 317.22 of 1,665
the Revised Code, and recorded as other instruments of conveyance 1,666
are recorded. ANY EVIDENCE OF TITLE TO REAL PROPERTY THAT THE 1,667
STATE OR AN AGENCY OF THE STATE FILES PURSUANT TO THIS SECTION 1,668
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND 1,669
BENEFIT OF THE PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE 1,670
REVISED CODE.
All taxes appearing on the current tax duplicate as owing 1,672
on such transferred parcel or part of parcel of real property 1,673
shall be due and payable as of the date of transfer or 1,674
acquisition of easement, right, or interest whichever is later. 1,675
Whenever said easement, right, or interest has been 1,677
acquired in a parcel or part of a parcel of real property after 1,678
the lien for taxes has attached and the taxes for said tax lien 1,679
year have not been determined, assessed, and levied for that 1,680
year, the county auditor, upon application of the grantee or the 1,681
grantor or property owner, shall make an estimate of the taxes 1,682
42
that will be assessed and levied against said parcel for the tax 1,683
lien year. 1,684
If the grantor or property owner has transferred only a 1,686
part of the parcel by easement, right, or interest in or to such 1,687
part of the parcel of real property to the state or a political 1,688
subdivision thereof, the county auditor shall apportion the tax 1,689
valuation of the parcel of real property proportionately between 1,690
the part acquired by the state or the political subdivision and 1,691
the residue remaining with the grantor. If such tax valuation of 1,692
the residue remaining with the property owner is sufficient to 1,693
support the taxes that are a lien or that are due and payable, 1,694
the lien for taxes shall attach to the residue part of the 1,695
parcel. If such apportioned assessed valuation of the part of 1,696
the parcel remaining with the grantor or property owner is not 1,697
sufficient to support the taxes on the parcel that are due and 1,698
payable and the proportionate amount of the estimated taxes that 1,699
are a lien but not determined, assessed, and levied, such taxes 1,700
shall immediately be due and payable; provided, that the grantor 1,701
or property owner shall be liable only for that portion of the 1,702
estimated taxes, for the period of the tax lien year preceding 1,703
the transfer or conveyance of the property to the state or the 1,704
political subdivision. 1,705
This section does not change the total amount of taxes, 1,707
special assessments, or other charges as originally levied, or 1,708
the total amount of the balance due. The auditor shall certify 1,709
such apportionments to the county treasurer. 1,710
Section 319.42 of the Revised Code applies to the 1,712
apportionment of special assessments. 1,713
Upon presentation of the executed instrument of conveyance 1,715
of an easement or the order of court conveying or granting such 1,716
an easement for highway purposes together with evidence or proof 1,717
showing that the proportionate amount of taxes, penalties, and 1,718
interest charged against the part of the whole parcel over which 1,719
the easement attaches and the proportionate amount of estimated 1,720
43
taxes to be levied and assessed against the part of the parcel 1,721
acquired for highway purposes have been paid or provision made 1,722
for the payment thereof, the county auditor shall reduce the tax 1,723
valuation of the parcel to reflect the value of the part or 1,724
portion used or occupied as a public highway in accordance with 1,725
section 5713.04 of the Revised Code. 1,726
The lien for taxes shall thereupon be extinguished as to 1,728
that part or portion acquired and used for public highway 1,729
purposes. 1,730
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 1,732
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 1,733
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 1,734
5301.012 OF THE REVISED CODE.
Sec. 901.63. (A) The agricultural financing commission 1,743
shall do both of the following until June 30, 1999: 1,744
(1) Make recommendations to the director of agriculture 1,746
about financial assistance applications made pursuant to sections 1,748
901.80 to 901.83 of the Revised Code. In making its 1,749
recommendations, the commission shall utilize criteria 1,750
established by rules adopted under division (A)(8)(b) of section 1,751
901.82 of the Revised Code. 1,752
(2) Advise the director in the administration of sections 1,754
901.80 to 901.83 of the Revised Code. 1,755
With respect to sections 901.80 to 901.83 of the Revised 1,758
Code, the role of the commission is solely advisory. No officer, 1,759
member, or employee of the commission is liable for damages in a 1,760
civil action for any injury, death, or loss to person or property 1,761
that allegedly arises out of purchasing any loan or providing a 1,762
loan guarantee, failure to purchase a loan or provide a loan 1,763
guarantee, or failure to take action under sections 901.80 to 1,764
901.83 of the Revised Code, or that allegedly arises out of any 1,765
act or omission of the department of agriculture that involves 1,766
those sections. 1,767
(B) The commission may: 1,769
44
(1) Adopt bylaws for the conduct of its business; 1,771
(2) Exercise all rights, powers, and duties conferred on 1,773
the commission as an issuer under Chapter 902. of the Revised 1,774
Code; 1,775
(3) Contract with, retain, or designate financial 1,777
consultants, accountants, and such other consultants and 1,778
independent contractors as the commission may determine to be 1,779
necessary or appropriate to carry out the purposes of this 1,780
chapter and to fix the terms of those contracts; 1,781
(4) Undertake and carry out or authorize the completion of 1,783
studies and analyses of agricultural conditions and needs within 1,784
the state relevant to the purpose of this chapter to the extent 1,785
not otherwise undertaken by other departments or agencies of the 1,786
state satisfactory for such purpose; 1,787
(5) Acquire by gift, purchase, foreclosure, or other 1,789
means, and hold, assign, pledge, lease, transfer, or otherwise 1,790
dispose of real and personal property, or any interest in that 1,792
real and personal property, in the exercise of its powers and the 1,793
performance of its duties under this chapter and Chapter 902. of 1,794
the Revised Code;
(6) Receive and accept gifts, grants, loans, or any other 1,796
financial or other form of aid from any federal, state, local, or 1,797
private agency or fund and enter into any contract with any such 1,798
agency or fund in connection therewith, and receive and accept 1,799
aid or contributions from any other source of money, property, 1,800
labor or things of value, to be held, used, and applied only for 1,801
the purposes for which such grants and contributions are made, 1,802
all within the purposes of this chapter and Chapter 902. of the 1,803
Revised Code; 1,804
(7) Sue and be sued in its own name with respect to its 1,806
contracts or to enforce this chapter or its obligations or 1,807
covenants made under this chapter and Chapter 902. of the Revised 1,808
Code; 1,809
(8) Make and enter into all contracts, commitments, and 1,811
45
agreements, and execute all instruments necessary or incidental 1,812
to the performance of its duties and the execution of its powers 1,813
under this chapter and Chapter 902. of the Revised Code; 1,814
(9) Adopt an official seal; 1,816
(10) Do any and all things necessary or appropriate to 1,818
carry out the public purposes and exercise the powers granted to 1,819
the commission in this chapter and Chapter 902. of the Revised 1,820
Code and the public purposes of Section 13 of Article VIII, Ohio 1,821
Constitution. 1,822
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 1,824
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 1,825
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 1,826
5301.012 OF THE REVISED CODE.
Sec. 902.03. Section 13 of Article VIII, Ohio 1,835
Constitution, is in part implemented by this chapter in 1,836
furtherance of the public purposes of the state to create or 1,837
preserve jobs and employment opportunities or to improve the 1,838
economic welfare of the people of the state. Any issuer acting 1,839
through its issuing authority may in accordance with Section 13 1,840
of Article VIII, Ohio Constitution: 1,841
(A) Acquire by gift or purchase and hold and mortgage real 1,843
estate and interests therein and personal property to be used as 1,844
a project; 1,845
(B) Purchase, construct, reconstruct, enlarge, improve, 1,847
furnish, and equip and lease, sell, exchange, and otherwise 1,848
dispose of projects including, without limitation, the sale of 1,849
projects by conditional or installment sale under which title may 1,850
pass prior to or after completion of construction of a project or 1,851
payment or provision for payment of all principal of, premium, if 1,852
any, and interest on the bonds, or at any other time provided in 1,853
the agreement pertaining to such sale, and including sale under 1,854
an option to purchase upon agreed terms which may include a price 1,855
which may be a nominal amount or less than true value at the time 1,856
of purchase; 1,857
46
(C) Issue its bonds pursuant to a composite financing 1,859
arrangement or otherwise to provide funds, by loans or otherwise, 1,860
for acquiring, constructing, reconstructing, enlarging, 1,861
improving, furnishing, or equipping one or more projects or parts 1,862
thereof; 1,863
(D) Subject to division (D)(1) of section 902.04 of the 1,865
Revised Code, issue its bonds pursuant to a composite financing 1,866
arrangement for a group of loans submitted by or through a single 1,867
lending institution, or with credit enhancement from a single 1,868
lending institution or other person, to provide funds for 1,869
acquiring, constructing, reconstructing, enlarging, improving, 1,870
furnishing, or equipping one or more projects or parts thereof; 1,871
(E) Make loans for the acquisition, construction, 1,873
reconstruction, enlargement, improvement, furnishing, or 1,874
equipping of projects upon such terms as the issuing authority 1,875
may determine or authorize, including secured or unsecured loans, 1,876
and, in connection therewith, enter into loan agreements and 1,877
other agreements, accept notes or other forms of obligation to 1,878
evidence such indebtedness and security interests to secure such 1,879
indebtedness, and take such action as may be considered by it 1,880
appropriate to protect such security and safeguard against 1,881
losses, including without limitation, foreclosure and the bidding 1,882
upon and purchase of property upon foreclosure or other sale; 1,883
(F) Enter into contracts and execute all instruments 1,885
necessary or appropriate to carry out the purposes of this 1,886
chapter; 1,887
(G) Fix, alter, and collect rentals and other charges for 1,889
the use and occupancy of a project and lease the project to 1,890
others, including a contract with, or the granting of an option 1,891
to the lessee to purchase the project for such price as the 1,892
issuing authority in its sole discretion determines to be 1,893
appropriate, after retirement or redemption, or provision 1,894
therefor, of all the bonds of the issuer issued to provide funds 1,895
for the project; 1,896
47
(H) Retain, contract with, or employ and fix the 1,898
compensation of financial consultants, appraisers, accounting 1,899
experts, architects, engineers, and other employees, agents, and 1,900
independent contractors as are necessary in the judgment of the 1,901
issuing authority to carry out the provisions of this chapter; 1,902
(I) Pledge, assign, hypothecate, or otherwise encumber as 1,904
security for the bonds, the rentals, revenues, and other income, 1,905
charges, and moneys realized from the use, lease, sale, or other 1,906
disposition of one or more projects or parts thereof as may be 1,907
designated in the bond proceedings and enter into trust 1,908
agreements or indentures of mortgage for the benefit of 1,909
bondholders; 1,910
(J) Enter into appropriate arrangements with any federal 1,912
or state department or agency, county, township, municipal 1,913
corporation, or other political subdivision, taxing district or 1,914
public body or agency for the planning and installation of 1,915
streets, roads, alleys, water supply and distribution facilities, 1,916
storm and sanitary sewage collection and disposal facilities, and 1,917
other necessary appurtenances to a project; 1,918
(K) Purchase fire and extended coverage and liability 1,920
insurance for a project, insurance protecting the issuer and its 1,921
officers and employees against liability for damage to property 1,922
or injury to or death of persons arising from the project, and 1,923
any other insurance the issuer may agree to provide under the 1,924
bond proceedings; 1,925
(L) Sell, lease, release, or otherwise dispose of real and 1,927
personal property or interests therein, or a combination thereof, 1,928
acquired by the issuer under authority of this chapter, and grant 1,929
such easements and other rights in, over, under, or across a 1,930
project as will not interfere with its use of such property, 1,931
which sale, lease, release, disposition, or grant may be made 1,932
without competitive bidding and in such manner and for such 1,933
consideration as the issuing authority in its judgment deems 1,934
appropriate; 1,935
48
(M) Purchase and contract to purchase loans or other 1,937
evidence of debt from, and make and contract to make loans to or 1,938
through lending institutions; 1,939
(N) Procure or require the procurement of insurance 1,941
against any loss in connection with its operations, including 1,942
without limitation the repayment of any loan, in such amount and 1,943
from such insurers, including without limitation, the federal 1,944
government, and pay any premiums therefor; 1,945
(O) Arrange for guarantees of its bonds by the federal 1,947
government or by any private insurer or others, and contract, 1,948
arrange for, make, or obtain letters of credit, agreements to 1,949
purchase, repurchase, remarket, and index bonds, investment 1,950
agreements, certificates of deposit, and other arrangements, 1,951
agreements, and instruments related to the security for, or 1,952
application or investment of funds pertaining to, bonds and pay 1,953
any premiums or other consideration therefor from the proceeds of 1,954
bonds or other revenues; 1,955
(P) Enter into reimbursement agreements, credit 1,957
agreements, escrow agreements and such other contracts and 1,958
agreements as appropriate, do all things necessary or appropriate 1,959
and permitted by law to carry out such agreements, arrangements, 1,960
and contracts, including the issuance of bonds in consideration 1,961
of advances made under such agreements, arrangements, and 1,962
contracts, and assign or direct the assignment of the right of 1,963
the issuer with respect to such credit facilities and authorize 1,964
its designated agents to draw upon such credit facilities; 1,965
(Q) Contract for the administration, origination, and 1,967
servicing of loans and determine rates, fees, charges, and other 1,968
terms and conditions in connection therewith; 1,969
(R) Subject to the rights of holders of bonds, collect, 1,971
enforce the collection of, and foreclose on any collateral 1,972
securing loans and acquire or take possession of such collateral 1,973
and sell the same at public or private sale, and otherwise deal 1,974
with such collateral as may be necessary to protect the interests 1,975
49
of the issuer and the holders of bonds; 1,976
(S) Subject to the rights of holders of bonds, consent to 1,978
any modification with respect to the rate of interest, time of 1,979
payment or any installment of principal or interest, security or 1,980
other term of any loan or commitment therefor or agreement of any 1,981
kind to which the issuer is a party or beneficiary; 1,982
(T) Fix, charge, alter, and collect fees, interest rates, 1,984
or other charges on bonds, loans, the allocation of loan funds, 1,985
purchases of mortgage loans, processing services, or other 1,986
services; 1,987
(U) Do all other acts necessary or appropriate to carry 1,989
out the public purposes of Section 13 of Article VIII, Ohio 1,990
Constitution and this chapter. 1,991
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 1,993
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 1,994
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 1,995
5301.012 OF THE REVISED CODE.
Sec. 991.07. The Ohio expositions commission may, with the 2,004
consent and approval of the department of administrative services 2,005
and the controlling board, acquire by purchase or by 2,006
appropriation proceedings in the name of and on behalf of the 2,007
state such real estate as it deems necessary for the purpose of 2,008
enlarging the present fair site and increasing the facilities of
the lands under the management or maintenance of the commission. 2,009
The authority to appropriate property shall be exercised in the 2,010
manner provided in sections 163.01 to 163.22 of the Revised Code. 2,011
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,013
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,014
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,015
5301.012 OF THE REVISED CODE.
Sec. 1501.01. Except where otherwise expressly provided, 2,024
the director of natural resources shall formulate and institute 2,025
all the policies and programs of the department of natural 2,026
resources. The chief of any division of the department shall not 2,027
50
enter into any contract, agreement, or understanding unless it is 2,028
approved by the director. 2,029
The director shall correlate and coordinate the work and 2,031
activities of the divisions in his THE department to eliminate 2,032
unnecessary duplications of effort and overlapping of functions. 2,033
The chiefs of the various divisions of the department shall meet 2,034
with the director at least once each month at a time and place 2,035
designated by the director. 2,036
The director may create advisory boards to any of those 2,038
divisions in conformity with section 121.13 of the Revised Code. 2,039
The director may accept and expend gifts, devises, and 2,041
bequests of money, lands, and other properties on behalf of the 2,042
department or any division thereof under the terms set forth in 2,043
section 9.20 of the Revised Code. Any political subdivision of 2,044
this state may make contributions to the department for the use 2,045
of the department or any division therein according to the terms 2,046
of the contribution. 2,047
The director may publish and sell or otherwise distribute 2,049
data, reports, and information. 2,050
The director shall adopt rules in accordance with Chapter 2,052
119. of the Revised Code to permit the department to accept by 2,053
means of a credit card the payment of fees, charges, and rentals 2,054
at those facilities described in section 1501.07 of the Revised 2,055
Code that are operated by the department, for any data, reports, 2,056
or information sold by the department, and for any other goods or 2,057
services provided by the department. 2,058
Whenever authorized by the governor to do so, the director 2,060
may appropriate property for the uses and purposes authorized to 2,061
be performed by the department and on behalf of any division 2,062
within the department. This authority shall be exercised in the 2,063
manner provided in sections 163.01 to 163.22 of the Revised Code 2,064
for the appropriation of property by the director of 2,065
administrative services. This authority to appropriate property 2,066
is in addition to the authority provided by law for the 2,067
51
appropriation of property by divisions of the department. The 2,068
director of natural resources also may acquire by purchase, 2,069
lease, or otherwise such real and personal property rights or 2,070
privileges in the name of the state as are necessary for the 2,071
purposes of the department or any division therein. The 2,072
director, with the approval of the governor and the attorney 2,073
general, may sell, lease, or exchange portions of lands or 2,074
property, real or personal, of any division of the department or 2,075
grant easements or licenses for the use thereof, or enter into 2,076
agreements for the sale of water from lands and waters under the 2,077
administration or care of the department or any of its divisions, 2,078
when the sale, lease, exchange, easement, agreement, or license 2,079
for use is advantageous to the state, provided that such approval 2,080
is not required for leases and contracts made under sections 2,081
1501.07, 1501.09, 1507.12, or 1520.03 or Chapter 1523. of the 2,082
Revised Code. Water may be sold from a reservoir only to the 2,083
extent that the reservoir was designed to yield a supply of water 2,084
for a purpose other than recreation or wildlife, and the water 2,085
sold is in excess of that needed to maintain the reservoir for 2,086
purposes of recreation or wildlife. 2,087
Money received from such sales, leases, easements, 2,089
exchanges, agreements, or licenses for use, except revenues 2,090
required to be set aside or paid into depositories or trust funds 2,091
for the payment of bonds issued under sections 1501.12 to 1501.15 2,092
of the Revised Code, and to maintain the required reserves 2,093
therefor as provided in the orders authorizing the issuance of 2,094
such bonds or the trust agreements securing such bonds, revenues 2,095
required to be paid and credited pursuant to the bond proceeding 2,096
applicable to obligations issued pursuant to section 154.22, and 2,097
revenues generated under section 1520.05 of the Revised Code, 2,098
shall be deposited in the state treasury to the credit of the 2,099
fund of the division of the department having prior jurisdiction 2,100
over the lands or property. If no such fund exists, the money 2,101
shall be credited to the general revenue fund. All such money 2,102
52
received from lands or properties administered by the division of 2,103
wildlife shall be credited to the wildlife fund. 2,104
The director shall provide for the custody, safekeeping, 2,106
and deposit of all moneys, checks, and drafts received by the 2,107
department or its employees prior to paying them to the treasurer 2,108
of state under section 113.08 of the Revised Code. 2,109
The director shall cooperate with the nature conservancy, 2,111
other nonprofit organizations, and the United States fish and 2,112
wildlife service in order to secure protection of islands in the 2,113
Ohio river and the wildlife and wildlife habitat of those 2,114
islands. 2,115
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,117
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,118
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,119
5301.012 OF THE REVISED CODE.
Sec. 1514.301. ANY INSTRUMENT BY WHICH REAL PROPERTY IS 2,121
ACQUIRED PURSUANT TO SECTION 1514.30 OF THE REVISED CODE SHALL 2,122
IDENTIFY ANY AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF 2,123
THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED 2,124
CODE.
Sec. 1515.08. The supervisors of a soil and water 2,134
conservation district have the following powers in addition to 2,135
their other powers: 2,136
(A) To conduct surveys, investigations, and research 2,138
relating to the character of soil erosion, floodwater and 2,139
sediment damages, and the preventive and control measures and 2,140
works of improvement for flood prevention and the conservation, 2,141
development, utilization, and disposal of water needed within the 2,142
district, and to publish the results of those surveys, 2,143
investigations, or research, provided that no district shall 2,144
initiate any research program except in cooperation or after 2,145
consultation with the Ohio agricultural research and development 2,146
center; 2,147
(B) To develop plans for the conservation of soil 2,149
53
resources, for the control and prevention of soil erosion, and 2,150
for works of improvement for flood prevention and the 2,151
conservation, development, utilization, and disposal of water 2,152
within the district, and to publish those plans and information; 2,153
(C) To implement, construct, repair, maintain, and operate 2,155
preventive and control measures and other works of improvement 2,156
for natural resource conservation and development and flood 2,157
prevention, and the conservation, development, utilization, and 2,158
disposal of water within the district on lands owned or 2,159
controlled by this state or any of its agencies and on any other 2,160
lands within the district, which works may include any facilities 2,161
authorized under state or federal programs, and to acquire, by 2,162
purchase or gift, to hold, encumber, or dispose of, and to lease 2,163
real and personal property or interests in such property for 2,164
those purposes; 2,165
(D) To cooperate or enter into agreements with any 2,167
occupier of lands within the district in the carrying on of 2,168
natural resource conservation operations and works of improvement 2,169
for flood prevention and the conservation, development, 2,170
utilization, and management of natural resources within the 2,171
district, subject to such conditions as the supervisors consider 2,172
necessary; 2,173
(E) To accept donations, gifts, grants, and contributions 2,175
in money, service, materials, or otherwise, and to use or expend 2,176
them according to their terms; 2,177
(F) To adopt, amend, and rescind rules to carry into 2,179
effect the purposes and powers of the district; 2,180
(G) To sue and plead in the name of the district, and be 2,182
sued and impleaded in the name of the district, with respect to 2,183
its contracts and, as indicated in section 1515.081 of the 2,184
Revised Code, certain torts of its officers, employees, or agents 2,185
acting within the scope of their employment or official 2,186
responsibilities, or with respect to the enforcement of its 2,187
obligations and covenants made under this chapter; 2,188
54
(H) To make and enter into all contracts, leases, and 2,190
agreements and execute all instruments necessary or incidental to 2,191
the performance of the duties and the execution of the powers of 2,192
the district under this chapter, provided that: 2,193
(1) When the cost under any such contract, lease, or 2,195
agreement, other than compensation for personal services or 2,196
rental of office space, involves an expenditure of more than ten 2,197
thousand dollars, the supervisors shall make a written contract 2,198
with the lowest and best bidder after advertisement, for not less 2,199
than two nor more than four consecutive weeks preceding the day 2,200
of the opening of bids, in a newspaper of general circulation 2,201
within the district and in such other publications as the 2,202
supervisors determine. The notice shall state the general 2,203
character of the work and materials to be furnished, the place 2,204
where plans and specifications may be examined, and the time and 2,205
place of receiving bids. 2,206
(2) Each bid for a contract shall contain the full name of 2,208
every person interested in it. 2,209
(3) Each bid for a contract for the construction, 2,211
demolition, alteration, repair, or reconstruction of an 2,212
improvement shall meet the requirements of section 153.54 of the 2,213
Revised Code. 2,214
(4) Each bid for a contract, other than a contract for the 2,216
construction, demolition, alteration, repair, or reconstruction 2,217
of an improvement, at the discretion of the supervisors, may be 2,218
accompanied by a bond or certified check on a solvent bank in an 2,219
amount not to exceed five per cent of the bid, conditioned that, 2,220
if the bid is accepted, a contract shall be entered into. 2,221
(5) The supervisors may reject any and all bids. 2,223
(I) To make agreements with the department of natural 2,225
resources giving it control over lands of the district for the 2,226
purpose of construction of improvements by the department under 2,227
section 1501.011 of the Revised Code; 2,228
(J) To charge, alter, and collect rentals and other 2,230
55
charges for the use or services of any works of the district; 2,231
(K) To enter, either in person or by designated 2,233
representatives, upon lands, private or public, in the necessary 2,234
discharge of their duties; 2,235
(L) To enter into agreements or contracts with the 2,237
department for the determination, implementation, inspection, and 2,238
funding of agricultural pollution abatement and urban sediment 2,239
pollution abatement measures whereby landowners, operators, 2,240
managers, and developers may meet adopted state standards for a 2,241
quality environment, except that failure of a district board of 2,242
supervisors to negotiate an agreement or contract with the 2,243
department shall authorize the division of soil and water 2,244
conservation to implement the required program; 2,245
(M) To conduct demonstrations and provide information to 2,247
the public regarding practices and methods for natural resource 2,248
conservation, development, and utilization; 2,249
(N) Until June 1, 1996, to conduct surveys and 2,251
investigations relating to the incidence of the multiflora rose 2,252
within the district and of the nature and extent of the adverse 2,253
effects of the multiflora rose on agriculture, forestry, 2,254
recreation, and other beneficial land uses; 2,255
(O) Until June 1, 1996, to develop plans for the control 2,257
of the multiflora rose within the district and to publish those 2,258
plans and information related to control of the multiflora rose; 2,259
(P) Until June 1, 1996, to enter into contracts or 2,261
agreements with the chief of the division of soil and water 2,262
conservation to implement and administer a program for control of 2,263
the multiflora rose and to receive and expend funds provided by 2,264
the chief for that purpose; 2,265
(Q) Until June 1, 1996, to enter into cost-sharing 2,267
agreements with landowners for control of the multiflora rose. 2,268
Before entering into any such agreement, the board of supervisors 2,269
shall determine that the landowner's application meets the 2,270
eligibility criteria established under division (E)(6) of section 2,271
56
1511.02 of the Revised Code. The cost-sharing agreements shall 2,272
contain the contract provisions required by the rules adopted 2,273
under that division and such other provisions as the board of 2,274
supervisors considers appropriate to ensure effective control of 2,275
the multiflora rose. 2,276
(R) To enter into contracts or agreements with the chief 2,278
to implement and administer a program for urban sediment 2,279
pollution abatement and to receive and expend moneys provided by 2,280
the chief for that purpose; 2,281
(S) To develop operation and management plans, as defined 2,283
in section 1511.01 of the Revised Code, as necessary; 2,284
(T) To determine whether operation and management plans 2,286
developed under division (A) of section 1511.021 of the Revised 2,287
Code comply with the standards established under division (E)(1) 2,288
of section 1511.02 of the Revised Code and to approve or 2,289
disapprove the plans, based on such compliance. If an operation 2,290
and management plan is disapproved, the board shall provide a 2,291
written explanation to the person who submitted the plan. The 2,292
person may appeal the plan disapproval to the chief, who shall 2,293
afford the person a hearing. Following the hearing, the chief 2,294
shall uphold the plan disapproval or reverse it. If the chief 2,295
reverses the plan disapproval, the plan shall be deemed approved 2,296
under this division. In the event that any person operating or 2,297
owning agricultural land or a concentrated animal feeding 2,298
operation in accordance with an approved operation and management 2,299
plan who, in good faith, is following that plan, causes 2,300
agricultural pollution, the plan shall be revised in a fashion 2,301
necessary to mitigate the agricultural pollution, as determined 2,302
and approved by the board of supervisors of the soil and water 2,303
conservation district. 2,304
(T)(U) With regard to composting conducted in conjunction 2,306
with agricultural operations, to do all of the following: 2,307
(1) Upon request or upon their own initiative, inspect 2,309
composting at any such operation to determine whether the 2,310
57
composting is being conducted in accordance with section 1511.022 2,311
of the Revised Code; 2,312
(2) If the board determines that composting is not being 2,314
so conducted, request the chief to issue an order under division 2,315
(H) of section 1511.02 of the Revised Code requiring the person 2,316
who is conducting the composting to prepare a composting plan in 2,317
accordance with rules adopted under division (E)(10)(c) of that 2,318
section and to operate in accordance with that plan or to operate 2,319
in accordance with a previously prepared plan, as applicable; 2,320
(3) In accordance with rules adopted under division 2,322
(E)(10)(c) of section 1511.02 of the Revised Code, review and 2,323
approve or disapprove any such composting plan. If a plan is 2,324
disapproved, the board shall provide a written explanation to the 2,325
person who submitted the plan. 2,326
As used in division (T)(U) of this section, "composting" 2,328
has the same meaning as in section 1511.01 of the Revised Code. 2,329
(U)(V) To do all acts necessary or proper to carry out the 2,331
powers granted in this chapter. 2,332
The director of natural resources shall make 2,334
recommendations to reduce the adverse environmental effects of 2,335
each project that a soil and water conservation district plans to 2,336
undertake under division (A), (B), (C), or (D) of this section 2,337
and that will be funded in whole or in part by moneys authorized 2,338
under section 1515.16 of the Revised Code and shall disapprove 2,339
any such project which he THE DIRECTOR finds will adversely 2,340
affect the environment without equal or greater benefit to the 2,342
public. The director's disapproval or recommendations, upon the 2,343
request of the district filed in accordance with rules adopted by 2,344
the Ohio soil and water conservation commission, shall be 2,345
reviewed by the commission, which may confirm the director's 2,346
decision, modify it, or add recommendations or approve a project 2,347
the director has disapproved. 2,348
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,350
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,351
58
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,352
5301.012 OF THE REVISED CODE.
Sec. 1517.17. The chief of the division of natural areas 2,361
and preserves may administer federal financial assistance 2,363
programs for wild, scenic, and recreational river areas.
The director of natural resources may make a lease or 2,365
agreement with a political subdivision to administer all or part 2,367
of a wild, scenic, or recreational river area.
The director may acquire real property or any estate, 2,369
right, or interest therein for protection and public recreational 2,370
use as a wild, scenic, or recreational river area. 2,371
The chief may expend funds for the acquisition, protection, 2,373
construction, maintenance, and administration of real property 2,374
and public use facilities in wild, scenic, or recreational river 2,375
areas when the funds are so appropriated by the general assembly. 2,376
The chief may condition such expenditures, acquisition of land or 2,377
easements, or construction of facilities within a wild, scenic, 2,378
or recreational river area upon adoption and enforcement of
adequate floodplain zoning rules. 2,379
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,381
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,382
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,383
5301.012 OF THE REVISED CODE.
Sec. 1519.02. The director of natural resources may 2,392
acquire real property or any estate, right, or interest therein 2,393
for the purpose of establishing, protecting, and maintaining any 2,394
state recreational trail. The director may appropriate real 2,395
property or any estate, right, or interest therein for trail
purposes only along a canal, watercourse, stream, existing or 2,396
abandoned road, highway, street, logging road, railroad, or ridge 2,397
or other landform or topographic feature particularly suited for 2,398
nonmotorized vehicular recreational use, and may not appropriate 2,399
more than twenty-five acres including land purchased with or 2,400
without appropriation proceedings along any mile of trail. Any 2,401
59
state department or agency or any political subdivision may 2,402
transfer real property or any estate, right, or interest therein
to the director for such purpose, or may enter into an agreement 2,403
with the director for the establishment, protection, and 2,404
maintenance of a trail. The director may transfer real property 2,405
or any estate, right, or interest therein to any political 2,406
subdivision pursuant to an agreement whereby the political
subdivision maintains and protects a trail. The director may 2,407
enter into agreements with private organizations or with agencies 2,408
of the United States to provide for maintenance of any trail or 2,409
section thereof. He THE DIRECTOR shall provide campsites, 2,411
shelters, footbridges, water, sanitary, watercraft launching, and
other facilities for recreational use, nature and historical 2,412
interpretation, and administration of the state trails system. 2,413
He THE DIRECTOR may cooperate with the director of highways 2,415
TRANSPORTATION in providing appropriate means for trails to cross 2,416
highways. The director may restore historical sites along a 2,417
trail. He THE DIRECTOR shall publish and distribute maps, 2,419
guides, pamphlets, and other interpretative literature on the 2,420
state trails system and on individual trails which he THE 2,421
DIRECTOR considers suitable for extensive public use. 2,422
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,424
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,425
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,426
5301.012 OF THE REVISED CODE.
Sec. 1523.01. In addition to all other powers granted to 2,435
and duties devolving upon the chief of the division of water, 2,436
when in his THE CHIEF'S judgment it is for the public welfare and 2,438
the best interests of the citizens of the state that the surplus, 2,439
flood, and other waters of any of the watersheds, rivers, 2,440
streams, watercourses, or public waters should be conserved, 2,441
impounded, and stored in order to insure and promote the public 2,442
health, welfare, and safety and to encourage and promote 2,443
agriculture, commerce, manufacturing, and other public purposes, 2,444
60
such chief shall proceed in furtherance of the purposes of 2,445
sections 1523.01 to 1523.13 of the Revised Code, and for the 2,446
preservation of the use of such waters for navigation, in case 2,447
such waters are required for navigation, to construct such 2,448
reservoirs, dams, storage basins, dikes, canals, raceways, and 2,449
other improvements as are necessary for such purposes, or he THE 2,450
CHIEF may make additions to, enlarge, and make alterations in and 2,452
upon such reservoirs, dams, storage basins, dikes, canals, 2,453
raceways, and other improvements already in existence and 2,454
constituting a part of the public works, as are necessary for 2,455
such purposes. Any rights or privileges granted by sections 2,456
1523.01 to 1523.13 of the Revised Code, shall not interfere with 2,457
the control and maintenance of the state reservoirs or public 2,458
parks which have been dedicated to the public for purposes of 2,459
recreation and pleasure.
Said chief, subject to the written approval of the director 2,461
of natural resources and the governor, may acquire by gift, 2,462
purchase, or by appropriation proceedings, in the name of and on 2,463
behalf of the state, such real and personal property, rights, 2,464
privileges, and appurtenances as are necessary in his THE CHIEF'S 2,466
judgment for the construction of such reservoirs, dams, storage 2,467
basins, dikes, canals, raceways, and other improvements, or for 2,468
the alteration, enlargement, or maintenance of existing 2,469
reservoirs, dams, and other improvements, together with such 2,470
rights of way, drives, and roadways as are necessary for 2,471
convenient access thereto. The appropriation proceedings 2,472
referred to in this section shall be restricted to private 2,473
property only.
Before proceeding to purchase or appropriate any such 2,475
property or rights, the cost of which, together with the land or 2,476
real estate necessary upon which to locate and construct such 2,477
improvements, including damages to remaining property, is in 2,478
excess of one thousand dollars, the chief shall prepare plans, 2,479
specifications, and estimates of such cost, including all 2,480
61
material and labor therefor, together with the cost of such land 2,481
or real estate and damages, and shall thereupon submit such 2,482
plans, specifications, and estimates to the director, who in turn 2,483
shall submit them to the governor for approval. 2,484
The governor shall thereupon publish written notice once a 2,486
week for two consecutive weeks in a newspaper published in and of 2,487
general circulation in the counties where any such improvements 2,488
are proposed to be constructed, setting forth the location and 2,489
character of the proposed improvements, that the plans, 2,490
specifications, and estimates therefor are on file in his THE 2,491
GOVERNOR'S office, and that objections thereto will be heard by 2,493
him THE GOVERNOR on a day to be named in said notice, which day 2,495
shall be not less than ten nor more than twenty days after the 2,496
first publication thereof. Within thirty days after the date 2,497
fixed for said hearing, the governor shall return such plans, 2,498
specifications, and estimates to the director, with his THE 2,499
GOVERNOR'S written approval or rejection thereof indorsed 2,500
thereon. The director shall immediately return such plans, 2,501
specifications, and estimates, together with the governor's 2,502
indorsement thereon, to the chief. 2,503
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,505
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,506
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,507
5301.012 OF THE REVISED CODE.
Sec. 1551.12. The director of development may: 2,516
(A) Seek, solicit, or acquire personal property or any 2,518
estate, interest, or right in real property, or services, funds, 2,519
and other things of value of any kind or character by purchase, 2,520
lease, gift, grant, contribution, exchange, or otherwise from any 2,521
person or governmental agency to be held, used, and applied in 2,522
accordance with and for the purposes of this chapter; 2,523
(B) Contract for the operation of, and establish rules for 2,525
the use of, facilities over which he THE DIRECTOR has supervision 2,527
or control, which rules may include the limitation of ingress to 2,528
62
or egress from such facilities as may be necessary to maintain 2,529
the security of such facilities and to provide for the safety of 2,530
those on the premises of such facilities; 2,531
(C) Purchase such fire and extended coverage insurance and 2,533
insurance protecting against liability for damage to property or 2,534
injury to or death of persons as the director may consider 2,535
necessary and proper under this chapter; 2,536
(D) Sponsor, conduct, assist, and encourage conferences, 2,538
seminars, meetings, institutes, and other forms of meetings; 2,539
authorize, prepare, publish, and disseminate any form of studies, 2,540
reports, and other publications; originate, prepare, and assist 2,541
proposals for the expenditure or granting of funds by any 2,542
governmental agency or person for purposes of energy resource 2,543
development; and investigate, initiate, sponsor, participate in, 2,544
and assist with cooperative activities and programs involving 2,545
governmental agencies and other entities of other states and 2,546
jurisdictions; 2,547
(E) Do all acts and things necessary and proper to carry 2,549
out the powers granted and the duties imposed by this chapter; 2,550
(F) Make grants of funds to any person, organization, or 2,552
governmental agency of the state for the furnishing of goods or 2,553
performance of services. 2,554
Any person or governmental agency that receives funds from 2,556
the department of development, or utilizes the facilities of the 2,557
department under this chapter shall agree in writing that all 2,558
know-how, trade secrets, and other forms of property, rights, and 2,559
interest arising out of developments, discoveries, or inventions, 2,560
including patents, copyrights, or royalties thereon, which result 2,561
in whole or in part from research, studies, or testing conducted 2,562
by use of such funds or facilities shall be the sole property of 2,563
the department, except as may be otherwise negotiated and 2,564
provided by contract in advance of such research, studies, or 2,565
testing. However, such exceptions do not apply to the director 2,566
or employees of the department participating in or performing 2,567
63
research, tests, or studies. 2,568
Rights retained by the department may be assigned, 2,570
licensed, transferred, sold, or otherwise disposed of, in whole 2,571
or in part, to any person or governmental agency. Except as 2,572
otherwise provided in section 1551.36 of the Revised Code, any 2,573
and all income, royalties, or proceeds derived or retained from 2,574
such dispositions shall be paid to the state and credited to the 2,575
general revenue fund. 2,576
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,578
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,579
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,580
5301.012 OF THE REVISED CODE.
Sec. 3301.481. ANY INSTRUMENT BY WHICH REAL PROPERTY IS 2,582
ACQUIRED PURSUANT TO SECTION 3301.48 OF THE REVISED CODE SHALL 2,583
IDENTIFY ANY AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF 2,584
THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED 2,585
CODE.
Sec. 3354.09. The board of trustees of a community college 2,591
district may: 2,592
(A) Own and operate a community college, pursuant to an 2,594
official plan prepared and approved in accordance with section 2,595
3354.07 of the Revised Code, or enter into a contract with a 2,596
generally accredited public university or college for operation 2,597
of such community college by such university or college pursuant 2,598
to an official plan prepared and approved in accordance with 2,599
section 3354.07 of the Revised Code; 2,600
(B) Hold, encumber, control, acquire by donation, 2,602
purchase, or condemnation, construct, own, lease, use, and sell 2,603
real and personal property as is necessary for the conduct of the 2,604
program of the community college on whatever terms and for 2,605
whatever consideration may be appropriate for the purpose of the 2,606
college; 2,607
(C) Accept gifts, grants, bequests, and devises absolutely 2,609
or in trust for support of the college during the existence of 2,610
64
the college; 2,611
(D) Appoint the administrative officers, faculty, and 2,613
staff, necessary and proper for such community college, and fix 2,614
their compensation except in instances in which the board of 2,615
trustees has delegated such powers to a college or university 2,616
operating such community college pursuant to a contract entered 2,617
into by the board of trustees of the district; 2,618
(E) Provide for a community college necessary lands, 2,620
buildings or other structures, equipment, means, and appliances; 2,621
(F) Develop and adopt, pursuant to the official plan, the 2,623
curricular programs identified in section 3354.01 of the Revised 2,624
Code as arts and sciences programs and technical programs, or 2,625
either. Such programs may include adult-education programs. 2,626
(G) Except as provided in section 3333.17 of the Revised 2,628
Code, establish schedules of fees and tuition for students who 2,629
are residents of the district, residents of Ohio but not of the 2,630
district, and students who are nonresidents of Ohio. The 2,631
establishment of rules governing the determination of residence 2,632
shall be subject to approval of the Ohio board of regents. 2,633
Students who are nonresidents of Ohio shall be required to pay 2,634
higher rates of fees and tuition than the rates required of 2,635
students who are residents of Ohio but not of the district, and 2,636
students who are residents of the district shall pay a smaller 2,637
tuition and fee rate than the rate for either category of 2,638
nonresident students. 2,639
(H) Authorize, approve, ratify, or confirm any agreement 2,641
relating to any such community college with the United States 2,642
government, acting through any agency of such government 2,643
designated or created to aid in the financing of such projects, 2,644
or with any person or agency offering grants in aid in financing 2,645
such educational facilities or the operation of such facilities 2,646
except as prohibited in division (K) of this section. 2,647
Such agreement may include a provision for repayment of 2,649
advances, grants, or loans made to any community college district 2,650
65
from funds which may become available to it. 2,651
When the United States government or its agent makes a 2,653
grant of money to any community college district to aid in paying 2,654
the cost of any projects of such district, or enters into an 2,655
agreement with the community college district for the making of 2,656
any such grant of money, the amount thereof is deemed 2,657
appropriated for such purpose by the community college district 2,658
and is deemed in process of collection within the meaning of 2,659
section 5705.41 of the Revised Code. 2,660
(I) Grant appropriate certificates of achievement to 2,662
students successfully completing the community college programs; 2,663
(J) Prescribe rules for the effective operation of a 2,665
community college and exercise such other powers as are necessary 2,666
for the efficient management of such college; 2,667
(K) Receive and expend gifts or grants from the state for 2,669
the payment of operating costs, for the acquisition, 2,670
construction, or improvement of buildings or other structures, or 2,671
for the acquisition or use of land. In no event shall state 2,672
gifts or grants be expended for the support of adult-education 2,673
programs. Gifts or grants from the state for operating costs 2,674
shall not in any biennium exceed the amount recommended by the 2,675
Ohio board of regents to the governor as provided in Chapter 2,676
3333. of the Revised Code. Such gifts or grants shall be 2,677
distributed to such districts in equal quarter-annual payments, 2,678
unless otherwise provided or authorized in any act appropriating 2,679
moneys for such purposes, on or before the last day of February, 2,680
May, August, and November in each year. 2,681
(L) Retain consultants in the fields of education, 2,683
planning, architecture, law, engineering, or other fields of 2,684
professional skill; 2,685
(M) Purchase: 2,687
(1) A policy or policies of insurance insuring the 2,689
district against loss of or damage to property, whether real, 2,690
personal, or mixed, which is owned by the district or leased by 2,691
66
it as lessee or which is in the process of construction by or for 2,692
the district; 2,693
(2) A policy or policies of fidelity insurance in such 2,695
amounts and covering such trustees, officers, and employees of 2,696
the district as it considers necessary or desirable; 2,697
(3) A policy or policies of liability insurance from an 2,699
insurer or insurers licensed to do business in this state 2,700
insuring its members, officers, and employees against all civil 2,701
liability arising from an act or omission by the member, officer, 2,702
or employee when the member, officer, or employee is not acting 2,703
manifestly outside the scope of his employment or official 2,704
responsibilities with the institution, with malicious purpose or 2,705
bad faith, or in a wanton or reckless manner, or may otherwise 2,706
provide for the indemnification of such persons against such 2,707
liability. All or any portion of the cost, premium, or charge 2,708
for such a policy or policies or indemnification payment may be 2,709
paid from any funds under the institution's control. The policy 2,710
or policies of liability insurance or the indemnification policy 2,711
of the institution may cover any risks including, but not limited 2,712
to, damages resulting from injury to property or person, 2,713
professional liability, and other special risks, including legal 2,714
fees and expenses incurred in the defense or settlement of claims 2,715
for such damages. 2,716
(4) A policy or policies of insurance insuring the 2,718
district against any liabilities to which it may be subject on 2,719
account of damage or injury to persons or property, including 2,720
liability for wrongful death. 2,721
(N) Designate one or more employees of the institution as 2,723
state university law enforcement officers, to serve and have 2,724
duties as prescribed in section 3345.04 of the Revised Code. 2,725
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,727
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,728
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,729
5301.012 OF THE REVISED CODE.
67
Sec. 3354.13. The ownership of a community college created 2,738
and established pursuant to provisions of sections 3354.02 and 2,739
3354.04 of the Revised Code, including all right, title, and 2,740
interest in and to all property, both real and personal, 2,741
pertaining thereto, shall be vested in the board of trustees of
the community college district in which such college is situated, 2,742
except as may be provided in a contract entered into under the 2,743
authority of division (A) of section 3354.09 of the Revised Code. 2,744
The board may acquire by appropriation any land, rights, rights 2,745
of way, franchises, easements, or other property necessary or 2,746
proper for the construction or the efficient operation of any
facility of the community college district, pursuant to the 2,747
procedure provided in section 5537.06 of the Revised Code, with 2,748
respect to the Ohio turnpike commission, and insofar as such 2,749
procedure is applicable.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,751
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,752
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,753
5301.012 OF THE REVISED CODE.
Sec. 3355.06. The managing authority of the university 2,762
branch district shall adopt its own rules governing proceedings, 2,763
designate the permanent place of business of the district, and 2,764
keep a record of all its proceedings. Such record shall be open 2,765
for public inspection during regular business hours at the 2,766
permanent place of business of the district. 2,767
The managing authority may: 2,769
(A) Enter into a contract for a period of not less than 2,771
four nor more than ten years with a state or municipal university 2,772
for the operation of a university branch by such university on 2,773
the campus provided in accordance with sections 3355.01 to 2,774
3355.14 of the Revised Code. Except as provided in section 2,775
3333.17 of the Revised Code, the contract shall establish 2,776
schedules of fees and tuition for: students who are residents of 2,777
the district; residents of Ohio but not of the district; and 2,778
68
students who are nonresidents of Ohio. Students who are 2,779
nonresidents of Ohio shall be required to pay higher rates of 2,780
fees and tuition than the rates required of students who are 2,781
residents of Ohio but not of the district, and students who are 2,782
residents of the district shall pay A smaller tuition and fee 2,783
rate than the rate for either category of nonresident students. 2,784
(B) Hold, encumber, control, acquire by donation, 2,786
purchase, or condemnation, construct, own, lease, use, and sell 2,787
real and personal property as is necessary for the creation and 2,788
maintenance of the university branch campus, on whatever terms 2,789
and for whatever consideration may be appropriate for the 2,790
purposes of the facility; 2,791
(C) Accept gifts, grants, bequests, and devises absolutely 2,793
or in trust for support of the university branch campus during 2,794
the existence of said branch; 2,795
(D) Receive an appropriation from any municipality or 2,797
county that is a part of the university branch district for the 2,798
purpose of providing funds for support of the university branch 2,799
campus; 2,800
(E) Receive and expend gifts or grants from the state for 2,802
the payment of operating costs, for the acquisition, 2,803
construction, or improvement of buildings or other structures, or 2,804
for the acquisition or use of land. 2,805
(F) Prescribe rules for the effective operation of a 2,807
university branch district college and exercise such other powers 2,808
as are necessary for the efficient management of such university 2,809
and are not in conflict with any contract entered into under 2,810
division (A) of this section. 2,811
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,813
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,814
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,815
5301.012 OF THE REVISED CODE.
Sec. 3355.10. The ownership of the university branch 2,824
campus, created and established pursuant to sections 3355.01 to 2,825
69
3355.14 of the Revised Code, including all right, title, and 2,826
interest in and to all property, both real and personal, 2,827
pertaining thereto, shall be vested in the managing authority of 2,828
the university branch district. The board may acquire by 2,829
appropriation any land, rights, rights of way, franchises, 2,830
easements, or other property necessary or proper for the 2,831
construction or the efficient operation of any facility of the 2,832
university branch district, pursuant to section 5537.06 of the 2,833
Revised Code, with respect to the Ohio turnpike commission, and 2,834
insofar as such procedure is applicable. 2,835
University branch district bonds, issued pursuant to 2,837
section 3355.08 of the Revised Code, are lawful investments of 2,838
banks, savings banks, trust companies, trustees, boards of 2,839
trustees of sinking funds of municipal corporations, school 2,840
districts, counties, the administrator of workers' compensation, 2,841
the state teachers retirement system, the public employees 2,843
retirement system, and the school employees retirement system, 2,844
and also are acceptable as security for the deposit of public 2,845
moneys.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,847
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,848
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,849
5301.012 OF THE REVISED CODE.
Sec. 3357.09. The board of trustees of a technical college 2,858
district may: 2,859
(A) Own and operate a technical college, pursuant to an 2,861
official plan prepared and approved in accordance with section 2,862
3357.07 of the Revised Code; 2,863
(B) Hold, encumber, control, acquire by donation, 2,865
purchase, or condemnation, construct, own, lease, use, and sell, 2,866
real and personal property as necessary for the conduct of the 2,867
program of the technical college on whatever terms and for 2,868
whatever consideration may be appropriate for the purposes of the 2,869
institution; 2,870
70
(C) Accept gifts, grants, bequests, and devises absolutely 2,872
or in trust for support of the technical college; 2,873
(D) Appoint the president, faculty, and such other 2,875
employees as necessary and proper for such technical college, and 2,876
fix their compensation; 2,877
(E) Provide for a technical college necessary lands, 2,879
buildings or other structures, equipment, means, and appliances; 2,880
(F) Develop and adopt, pursuant to the official plan, any 2,882
one or more of the curricular programs identified in section 2,883
3357.01 of the Revised Code as technical-college programs, or 2,884
adult-education technical programs; 2,885
(G) Except as provided in section 3333.17 of the Revised 2,887
Code, establish schedules of fees and tuition for: students who 2,888
are residents of the district; students who are residents of Ohio 2,889
but not of the district; students who are nonresidents of Ohio. 2,890
The establishment of rules governing the determination of 2,891
residence shall be subject to approval of the Ohio board of 2,892
regents. Students who are nonresidents of Ohio shall be required 2,893
to pay higher rates of fees and tuition than the rates required 2,894
of students who are residents of Ohio but not of the district, 2,895
and students who are residents of the district shall pay smaller 2,896
tuition and fee rates than the rates for either of the above 2,897
categories of nonresident students, except that students who are 2,898
residents of Ohio but not of the district shall be required to 2,899
pay higher fees and tuition than students who are residents of 2,900
the district only when a district tax levy has been adopted and 2,901
is in effect under the authority of section 3357.11, 5705.19, or 2,902
5705.191 of the Revised Code. 2,903
(H) Authorize, approve, ratify, or confirm, with approval 2,905
of the Ohio board of regents, any agreement with the United 2,906
States government, acting through any agency designated to aid in 2,907
the financing of technical college projects, or with any person, 2,908
organization, or agency offering grants-in-aid for technical 2,909
college facilities or operation; 2,910
71
(I) Receive assistance for the cost of equipment and for 2,912
the operation of such technical colleges from moneys appropriated 2,913
for technical education or for matching of Title VIII of the 2,914
"National Defense Education Act," 72 Stat. 1597 (1958), 20 2,915
U.S.C.A. 15a-15e. Moneys shall be distributed by the Ohio board 2,916
of regents in accordance with rules which the board shall 2,917
establish governing its allocations to technical colleges 2,918
chartered under section 3357.07 of the Revised Code. 2,919
(J) Grant appropriate associate degrees to students 2,921
successfully completing the technical college programs and 2,922
certificates of achievement to those students who complete other 2,923
programs; 2,924
(K) Prescribe rules for the effective operation of a 2,926
technical college, and exercise such other powers as are 2,927
necessary for the efficient management of such college; 2,928
(L) Enter into contracts and conduct technical college 2,930
programs or technical courses outside the technical college 2,931
district; 2,932
(M) Enter into contracts with the board of education of 2,934
any local, exempted village, or city school district or the 2,936
governing board of any educational service center to permit the
school district or service center to use the facilities of the 2,937
technical college district; 2,938
(N) Designate one or more employees of the institution as 2,940
state university law enforcement officers, to serve and have 2,941
duties as prescribed in section 3345.04 of the Revised Code; 2,942
(O) Subject to the approval of the Ohio board of regents, 2,944
offer technical college programs or technical courses for credit 2,945
at locations outside the technical college district. For 2,946
purposes of computing state aid, students enrolled in such 2,947
courses shall be deemed to be students enrolled in programs and 2,948
courses at off-campus locations in the district. 2,949
(P) Purchase a policy or policies of liability insurance 2,951
from an insurer or insurers licensed to do business in this state 2,952
72
insuring its members, officers, and employees against all civil 2,953
liability arising from an act or omission by the member, officer, 2,954
or employee, when the member, officer, or employee is not acting 2,955
manifestly outside the scope of his THE MEMBER'S, OFFICER'S, OR 2,956
EMPLOYEE'S employment or official responsibilities with the 2,958
institution, with malicious purpose or bad faith, or in a wanton 2,959
or reckless manner, or may otherwise provide for the 2,960
indemnification of such persons against such liability. All or 2,961
any portion of the cost, premium, or charge for such a policy or 2,962
policies or indemnification payment may be paid from any funds 2,963
under the institution's control. The policy or policies of 2,964
liability insurance or the indemnification policy of the 2,965
institution may cover any risks including, but not limited to, 2,966
damages resulting from injury to property or person, professional 2,967
liability, and other special risks, including legal fees and 2,968
expenses incurred in the defense or settlement of claims for such 2,969
damages.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,971
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,972
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,973
5301.012 OF THE REVISED CODE.
Sec. 3357.12. The ownership of a technical college, 2,982
created and established pursuant to section 3357.07 of the 2,983
Revised Code, including all right, title, and interest in and to 2,984
all property, both real and personal, pertaining thereto, shall 2,985
be vested in the board of trustees of the technical college
district in which such college is situated. The board may 2,986
acquire by appropriation any land, rights, rights-of-way, 2,987
franchises, easements, or other property necessary or proper for 2,988
the construction or the efficient operation of any facility of 2,989
the technical college district, pursuant to the procedure
provided in section 5537.06 of the Revised Code, with respect to 2,990
the Ohio turnpike commission, and insofar as such procedure is 2,991
applicable.
73
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,993
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,994
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,995
5301.012 OF THE REVISED CODE.
Sec. 3358.08. The board of trustees of a state community 3,004
college district may: 3,005
(A) Own and operate a state community college; 3,007
(B) Hold, encumber, control, acquire by donation, purchase 3,009
or condemn, construct, own, lease, use, and sell, real and 3,010
personal property as necessary for the conduct of the program of 3,011
the state community college on whatever terms and for whatever 3,012
consideration may be appropriate for the purpose of the 3,013
institution; 3,014
(C) Accept gifts, grants, bequests, and devises absolute 3,016
or in trust for support of the state community college; 3,017
(D) Employ a president, and appoint or approve the 3,019
appointment of other necessary administrative officers, full-time 3,020
faculty members, and operating staff. The board may delegate the 3,021
appointment of operating staff and part-time faculty members to 3,022
the college president. The board shall fix the rate of 3,023
compensation of the president and all officers and full-time 3,024
employees as are necessary and proper for state community 3,025
colleges. 3,026
(E) Provide for the state community college necessary 3,028
lands, buildings, or other structures, equipment, means, and 3,029
appliances; 3,030
(F) Establish within the maximum amounts permitted by law, 3,032
schedules of fees and tuition for students who are Ohio residents 3,033
and students who are not; 3,034
(G) Grant appropriate associate degrees to students 3,036
successfully completing the state community college's programs, 3,037
and certificates of achievement to students who complete other 3,038
programs; 3,039
(H) Prescribe policies for the effective operation of the 3,041
74
state community college and exercise such other powers as are 3,042
necessary for the efficient management of the college; 3,043
(I) Enter into contracts with neighboring colleges and 3,045
universities for the conduct of state community college programs 3,046
or technical courses outside the state community college 3,047
district; 3,048
(J) Purchase: 3,050
(1) A policy or policies of insurance insuring the 3,052
district against loss or damage to property, whether real, 3,053
personal, or mixed, which is owned by the district or leased by 3,054
it as lessee or which is in the process of construction by or for 3,055
the district; 3,056
(2) A policy or policies of fidelity insurance in such 3,058
amounts and covering such trustees, officers, and employees of 3,059
the district as the board may consider necessary or desirable; 3,060
(3) A policy or policies of liability insurance from an 3,062
insurer or insurers licensed to do business in this state 3,063
insuring its members, officers, and employees against all civil 3,064
liability arising from an act or omission by the member, officer, 3,065
or employee, when the member, officer, or employee is not acting 3,066
manifestly outside the scope of his employment or official 3,067
responsibilities with the institution, with malicious purpose or 3,068
bad faith, or in a wanton or reckless manner, or may otherwise 3,069
provide for the indemnification of such persons against such 3,070
liability. All or any portion of the cost, premium, or charge 3,071
for such a policy or policies or indemnification payment may be 3,072
paid from any funds under the institution's control. The policy 3,073
or policies of liability insurance or the indemnification policy 3,074
of the institution may cover any risks including, but not limited 3,075
to, damages resulting from injury to property or person, 3,076
professional liability, and other special risks, including legal 3,077
fees and expenses incurred in the defense or settlement claims of 3,078
such damages. 3,079
(4) A policy or policies of insurance insuring the 3,081
75
district against any liabilities to which it may be subject on 3,082
account of damage or injury to persons or property, including 3,083
liability for wrongful death. 3,084
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 3,086
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 3,087
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 3,088
5301.012 OF THE REVISED CODE.
Sec. 3375.40. Each board of library trustees appointed 3,097
pursuant to sections 3375.06, 3375.10, 3375.12, 3375.15, 3375.22, 3,098
and 3375.30 of the Revised Code may: 3,099
(A) Hold title to and have the custody of all real and 3,101
personal property of the free public library under its 3,102
jurisdiction; 3,103
(B) Expend for library purposes, and in the exercise of 3,105
the power enumerated in this section, all moneys, whether derived 3,106
from the county library and local government support fund or 3,107
otherwise, credited to the free public library under its 3,108
jurisdiction and generally do all things it considers necessary 3,109
for the establishment, maintenance, and improvement of the public 3,110
library under its jurisdiction; 3,111
(C) Purchase, lease, construct, remodel, renovate, or 3,113
otherwise improve, equip, and furnish buildings or parts of 3,114
buildings and other real property, and purchase, lease, or 3,115
otherwise acquire motor vehicles and other personal property, 3,117
necessary for the proper maintenance and operation of the free 3,118
public libraries under its jurisdiction, and pay the costs 3,119
thereof in installments or otherwise. Financing of these costs 3,120
may be provided through the issuance of notes, through an 3,121
installment sale, or through a lease-purchase agreement. Any
such notes shall be issued pursuant to section 3375.404 of the 3,122
Revised Code.
(D) Purchase, lease, lease with an option to purchase, or 3,124
erect buildings or parts of buildings to be used as main 3,125
libraries, branch libraries, or library stations pursuant to 3,126
76
section 3375.41 of the Revised Code; 3,127
(E) Establish and maintain a main library, branches, 3,129
library stations, and traveling library service within the 3,130
territorial boundaries of the subdivision or district over which 3,131
it has jurisdiction of free public library service; 3,132
(F) Establish and maintain branches, library stations, and 3,134
traveling library service in any school district, outside the 3,135
territorial boundaries of the subdivision or district over which 3,136
it has jurisdiction of free public library service, upon 3,137
application to and approval of the state library board, pursuant 3,138
to section 3375.05 of the Revised Code; provided the board of 3,139
trustees of any free public library maintaining branches, 3,140
stations, or traveling-book service, outside the territorial 3,141
boundaries of the subdivision or district over which it has 3,142
jurisdiction of free public library service, on September 4, 3,143
1947, may continue to maintain and operate such branches, 3,144
stations, and traveling library service without the approval of 3,145
the state library board; 3,146
(G) Appoint and fix the compensation of all of the 3,148
employees of the free public library under its jurisdiction; pay 3,149
the reasonable cost of tuition for any of its employees who 3,150
enroll in a course of study the board considers essential to the 3,151
duties of the employee or to the improvement of the employee's 3,152
performance; and reimburse applicants for employment for any 3,153
reasonable expenses they incur by appearing for a personal 3,154
interview; 3,155
(H) Make and publish rules for the proper operation and 3,157
management of the free public library and facilities under its 3,158
jurisdiction, including rules pertaining to the provision of 3,159
library services to individuals, corporations, or institutions 3,160
that are not inhabitants of the county; 3,161
(I) Establish and maintain a museum in connection with and 3,163
as an adjunct to the free public library under its jurisdiction; 3,164
(J) By the adoption of a resolution accept any bequest, 3,166
77
gift, or endowment upon the conditions connected with such 3,167
bequest, gift, or endowment; provided no such bequest, gift, or 3,168
endowment shall be accepted by such board if the conditions 3,169
thereof remove any portion of the free public library under its 3,170
jurisdiction from the control of such board or if such 3,171
conditions, in any manner, limit the free use of such library or 3,172
any part thereof by the residents of the counties in which such 3,173
library is located; 3,174
(K) At the end of any fiscal year by a two-thirds vote of 3,176
its full membership set aside any unencumbered surplus remaining 3,177
in the general fund of the library under its jurisdiction for any 3,178
purpose including creating or increasing a special building and 3,179
repair fund, or for operating the library or acquiring equipment 3,180
and supplies; 3,181
(L) Procure and pay all or part of the cost of group life, 3,183
hospitalization, surgical, major medical, disability benefit, 3,184
dental care, eye care, hearing aids, or prescription drug 3,185
insurance, or a combination of any of the foregoing types of 3,186
insurance or coverage, whether issued by an insurance company or 3,187
a health insuring corporation duly licensed by the state, 3,189
covering its employees and in the case of hospitalization, 3,190
surgical, major medical, dental care, eye care, hearing aids, or 3,191
prescription drug insurance, also covering the dependents and
spouses of such employees, and in the case of disability 3,192
benefits, also covering spouses of such employees. With respect 3,193
to life insurance, coverage for any employee shall not exceed the 3,194
greater of the sum of ten thousand dollars or the annual salary 3,195
of the employee, exclusive of any double indemnity clause that is 3,196
a part of the policy. 3,197
(M) Pay reasonable dues and expenses for the free public 3,199
library and library trustees in library associations. 3,200
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 3,202
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 3,203
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 3,204
78
5301.012 OF THE REVISED CODE.
Sec. 3375.831. ANY INSTRUMENT BY WHICH REAL PROPERTY IS 3,206
ACQUIRED PURSUANT TO SECTION 3375.83 OF THE REVISED CODE SHALL 3,207
IDENTIFY ANY AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF 3,208
THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED 3,209
CODE.
Sec. 3377.04. The Ohio higher educational facility 3,218
commission may: 3,219
(A) Acquire by gift or purchase and hold and mortgage real 3,221
estate and interests therein and personal property to be used as 3,222
a project or a part thereof; 3,223
(B) Purchase, construct, reconstruct, enlarge, improve, 3,225
furnish, and equip and lease, sell, exchange, and otherwise 3,226
dispose of projects or parts thereof for the purposes set forth 3,227
in division (B) of section 3377.01 of the Revised Code; 3,228
(C) Issue bonds of the state, as provided in Chapter 3377. 3,230
of the Revised Code, to provide funds for acquiring, 3,231
constructing, reconstructing, enlarging, remodeling, renovating, 3,232
improving, furnishing, or equipping one or more projects or parts 3,233
thereof and to pay project costs; 3,234
(D) Enter into contracts and execute all instruments 3,236
necessary or appropriate to carry out the purposes of Chapter 3,237
3377. of the Revised Code; 3,238
(E) Fix, alter, and collect rentals and other charges for 3,240
the use and occupancy of a project and lease the project to 3,241
educational institutions, including a contract with or the 3,242
granting of an option to the lessee to purchase the project for 3,243
such price as the commission in its sole discretion determines to 3,244
be appropriate, after retirement or redemption, or provision 3,245
therefor, of all the bonds of the issuer issued to provide funds 3,246
for the project; 3,247
(F) Retain, contract with, or employ and fix the 3,249
compensation of financial consultants, appraisers, accounting 3,250
experts, architects, engineers, attorneys at law, and other 3,251
79
employees, agents, and independent contractors as are necessary 3,252
in the judgment of the commission to carry out Chapter 3377. of 3,253
the Revised Code and collect fees, charges, and accept gifts and 3,254
appropriations to meet the expenses of employing such persons; 3,255
(G) Pledge, assign, hypothecate, or otherwise encumber as 3,257
security for the bonds, the rentals, revenues, and other income, 3,258
charges, and moneys realized from the use, lease, sale, or other 3,259
disposition of one or more projects or parts thereof as may be 3,260
designated in the bond proceedings and enter into trust 3,261
agreements or indentures of mortgage for the benefit of 3,262
bondholders; 3,263
(H) Enter into appropriate arrangements with any federal 3,265
or state department or agency, county, township, municipal 3,266
corporation, or other political subdivision, taxing district, or 3,267
public body or agency for the planning and installation of 3,268
streets, roads, alleys, water supply and distribution facilities, 3,269
storm and sanitary sewage collection and disposal facilities, and 3,270
other necessary appurtenances to a project; 3,271
(I) Purchase fire and extended coverage and liability 3,273
insurance for a project, insurance protecting the commission and 3,274
its officers and employees against liability for damage to 3,275
property or injury to or death of persons arising from the 3,276
project, and any other insurance that the commission may agree to 3,277
provide under the bond proceedings or the commission may 3,278
determine to be necessary in order to protect the commission, its 3,279
members, officers, and employees; 3,280
(J) Sell, lease, release or otherwise dispose of real and 3,282
personal property or interests therein, or a combination thereof, 3,283
acquired by the commission under authority of Chapter 3377. of 3,284
the Revised Code and no longer needed for the purposes of such 3,285
chapter or of the commission, and grant such easements and other 3,286
rights in, over, under, or across a project as will not interfere 3,287
with its use of such property. Such sale, lease, release, 3,288
disposition, or grant may be made without competitive bidding and 3,289
80
in such manner and for such consideration as the commission in 3,290
its judgment deems appropriate. 3,291
(K) Sue and be sued, implead and be impleaded; 3,293
(L) Adopt and use an official seal; 3,295
(M) Receive and accept from any public agency loans or 3,297
grants for or in aid of a project or any portion thereof, and 3,298
receive and accept loans, grants, aid, or contributions from any 3,299
source of money, property, labor, or other things of value to be 3,300
held, used, and applied only for the purposes for which received; 3,301
(N) Do all other acts necessary or appropriate to carry 3,303
out the purposes of Chapter 3377. of the Revised Code. 3,304
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 3,306
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 3,307
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 3,308
5301.012 OF THE REVISED CODE.
Sec. 3377.14. The state or any political subdivision, 3,317
taxing district, or other public body of this state may, without 3,318
competitive bidding, convey or exchange with the Ohio higher 3,319
educational facility commission, for use in connection with a 3,320
project, any or all of its interests in real or personal
property, or both, not needed by the grantor. Any conveyance by 3,321
the state shall be authorized by the director, board, or 3,322
commission having control of such property and approved by the 3,323
general assembly. The interest in such property to be conveyed 3,324
shall be appraised at its fair market value and such appraisal 3,325
value shall be the conveyance price. The appraised fair market
value of any property exchanged under the provisions of this 3,326
section shall be substantially equal to the aggregate of the 3,327
appraised fair market value of the property for which it is 3,328
exchanged and any moneys paid to the grantor in consideration of 3,329
such exchange. The political subdivision, taxing district, or 3,330
other public body shall prescribe the form of its deed, and any
deed from the state shall be prepared and recorded as provided in 3,331
sections 5301.13 to 5301.17, inclusive, of the Revised Code. Any 3,332
81
educational institution which has the qualifications to acquire 3,334
property under section 3333.08 of the Revised Code may acquire 3,335
property under such section in order to provide real estate or 3,336
interests in real estate needed for a project and to make the
same available to the commission by conveyance, lease, or 3,337
otherwise.
ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE STATE 3,339
ACQUIRES REAL PROPERTY PURSUANT TO THIS SECTION SHALL IDENTIFY 3,340
THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE REAL 3,341
PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED CODE. 3,342
Sec. 3706.04. The Ohio air quality development authority 3,351
may: 3,352
(A) Adopt bylaws for the regulation of its affairs and the 3,354
conduct of its business; 3,355
(B) Adopt an official seal; 3,357
(C) Maintain a principal office and suboffices at such 3,359
places within the state as it designates; 3,360
(D) Sue and plead in its own name; be sued and impleaded 3,362
in its own name with respect to its contracts or torts of its 3,363
members, employees, or agents acting within the scope of their 3,364
employment, or to enforce its obligations and covenants made 3,365
under sections 3706.05, 3706.07, and 3706.12 of the Revised Code. 3,366
Any such actions against the authority shall be brought in the 3,367
court of common pleas of the county in which the principal office 3,368
of the authority is located, or in the court of common pleas of 3,369
the county in which the cause of action arose, provided such 3,370
county is located within this state, and all summonses, 3,371
exceptions, and notices of every kind shall be served on the 3,372
authority by leaving a copy thereof at the principal office with 3,373
the person in charge thereof or with the secretary-treasurer of 3,374
the authority. 3,375
(E) Make loans and grants to governmental agencies for the 3,377
acquisition or construction of air quality projects by any such 3,378
governmental agency and adopt rules and procedures for making 3,379
82
such loans and grants; 3,380
(F) Acquire, construct, reconstruct, enlarge, improve, 3,382
furnish, equip, maintain, repair, operate, lease or rent to, or 3,383
contract for operation by, a person or governmental agency, air 3,384
quality projects, and establish rules for the use of such 3,385
projects; 3,386
(G) Make available the use or services of any air quality 3,388
project to one or more persons, one or more governmental 3,389
agencies, or any combination thereof; 3,390
(H) Issue air quality revenue bonds and notes and air 3,392
quality revenue refunding bonds of the state, payable solely from 3,393
revenues as provided in section 3706.05 of the Revised Code, 3,394
unless the bonds be refunded by refunding bonds, for the purpose 3,395
of paying any part of the cost of one or more air quality 3,396
projects or parts thereof; 3,397
(I) Acquire by gift or purchase, hold, and dispose of real 3,399
and personal property in the exercise of the powers of the 3,400
authority and the performance of its duties under this chapter; 3,401
(J) Acquire, in the name of the state, by purchase or 3,403
otherwise, on such terms and in such manner as the authority 3,404
finds proper, or by the exercise of the right of condemnation in 3,405
the manner provided by section 3706.17 of the Revised Code, such 3,406
public or private lands, including public parks, playgrounds, or 3,407
reservations, or parts thereof or rights therein, rights-of-way, 3,408
property, rights, easements, and interests as it finds necessary 3,409
for carrying out this chapter, but excluding the acquisition by 3,410
the exercise of the right of condemnation of any air quality 3,411
facility owned by any person or governmental agency; and 3,412
compensation shall be paid for public or private lands so taken; 3,413
(K) Make and enter into all contracts and agreements and 3,415
execute all instruments necessary or incidental to the 3,416
performance of its duties and the execution of its powers under 3,417
this chapter. 3,418
(1) When the cost under any such contract or agreement, 3,420
83
other than compensation for personal services, involves an 3,421
expenditure of more than two thousand dollars, the authority 3,422
shall make a written contract with the lowest responsive and 3,423
responsible bidder, in accordance with section 9.312 of the 3,424
Revised Code, after advertisement for not less than two 3,425
consecutive weeks in a newspaper of general circulation in 3,426
Franklin county, and in such other publications as the authority 3,427
determines, which notice shall state the general character of the 3,428
work and the general character of the materials to be furnished, 3,429
the place where plans and specifications therefor may be 3,430
examined, and the time and place of receiving bids; provided, 3,431
that a contract or lease for the operation of an air quality 3,432
project constructed and owned by the authority or an agreement 3,433
for cooperation in the acquisition or construction of an air 3,434
quality project pursuant to section 3706.12 of the Revised Code 3,435
or any contract for the construction of an air quality project 3,436
that is to be leased by the authority to, and operated by, 3,437
persons who are not governmental agencies and the cost of such 3,438
project is to be amortized exclusively from rentals or other 3,439
charges paid to the authority by persons who are not governmental 3,440
agencies is not subject to the foregoing requirements and the 3,441
authority may enter into such contract, lease, or agreement 3,442
pursuant to negotiation and upon such terms and conditions and 3,443
for such period as it finds to be reasonable and proper in the 3,444
circumstances and in the best interests of proper operation or of 3,445
efficient acquisition or construction of such project. 3,446
(2) Each bid for a contract for the construction, 3,448
demolition, alteration, repair, or reconstruction of an 3,449
improvement shall contain the full name of every person 3,450
interested in it and meet the requirements of section 153.54 of 3,451
the Revised Code. 3,452
(3) Each bid for a contract except as provided in division 3,454
(K)(2) of this section shall contain the full name of every 3,455
person interested in it and shall be accompanied by a sufficient 3,456
84
bond or certified check on a solvent bank that if the bid is 3,457
accepted a contract will be entered into and the performance 3,458
thereof secured. 3,459
(4) The authority may reject any and all bids. 3,461
(5) A bond with good and sufficient surety, approved by 3,463
the authority, shall be required of every contractor awarded a 3,464
contract except as provided in division (K)(2) of this section, 3,465
in an amount equal to at least fifty per cent of the contract 3,466
price, conditioned upon the faithful performance of the contract. 3,467
(L) Employ managers, superintendents, and other employees 3,469
and retain or contract with consulting engineers, financial 3,470
consultants, accounting experts, architects, attorneys, and such 3,471
other consultants and independent contractors as are necessary in 3,472
its judgment to carry out this chapter, and fix the compensation 3,473
thereof. All expenses thereof shall be payable solely from the 3,474
proceeds of air quality revenue bonds or notes issued under this 3,475
chapter, from revenues, or from funds appropriated for such 3,476
purpose by the general assembly. 3,477
(M) Receive and accept from any federal agency, subject to 3,479
the approval of the governor, grants for or in aid of the 3,480
construction of any air quality project or for research and 3,481
development with respect to air quality facilities, and receive 3,482
and accept aid or contributions from any source of money, 3,483
property, labor, or other things of value, to be held, used, and 3,484
applied only for the purposes for which such grants and 3,485
contributions are made; 3,486
(N) Engage in research and development with respect to air 3,488
quality facilities; 3,489
(O) Purchase fire and extended coverage and liability 3,491
insurance for any air quality project and for the principal 3,492
office and suboffices of the authority, insurance protecting the 3,493
authority and its officers and employees against liability for 3,494
damage to property or injury to or death of persons arising from 3,495
its operations, and any other insurance the authority may agree 3,496
85
to provide under any resolution authorizing its air quality 3,497
revenue bonds or in any trust agreement securing the same; 3,498
(P) Charge, alter, and collect rentals and other charges 3,500
for the use or services of any air quality project as provided in 3,501
section 3706.13 of the Revised Code; 3,502
(Q) Provide coverage for its employees under Chapters 3,504
145., 4123., and 4141. of the Revised Code; 3,505
(R) Do all acts necessary or proper to carry out the 3,507
powers expressly granted in this chapter. 3,508
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 3,510
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 3,511
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 3,512
5301.012 OF THE REVISED CODE.
Sec. 3747.06. (A) The board of directors of the Ohio 3,522
low-level radioactive waste facility development authority shall 3,523
do all of the following:
(1) Adopt bylaws for the regulation of its affairs and the 3,526
conduct of its business;
(2) Maintain a principal office at a location that it 3,528
designates in the state; 3,529
(3) Employ and fix the compensation of employees, 3,531
including an executive director who shall serve at the pleasure 3,532
of the board; in consultation with the executive director, 3,533
develop an organizational plan for the hiring of additional staff 3,534
and specify which of those staff shall be in the classified civil 3,535
service pursuant to Chapter 124. of the Revised Code and which of 3,537
those staff shall serve at the pleasure of the executive
director; and provide coverage for its employees under Chapters 3,539
4123. and 4141. of the Revised Code. The board may delegate to 3,540
the executive director authority to make personnel decisions with 3,541
respect to employees, subject to applicable law. The board of 3,542
directors may lay off employees of the authority that are in the 3,543
classified service pursuant to Chapter 124. of the Revised Code
as may be appropriate or delegate that decision to the executive 3,544
86
director.
(4) Utilize the expertise of other state agencies and 3,546
departments to the fullest extent possible. The agencies and 3,547
departments shall be paid for the cost of providing services to 3,548
the board. 3,549
(5) Provide for the establishment of a statewide public 3,551
information and involvement program and of a public document 3,552
repository in Columbus and in each community in which a site 3,553
undergoing site characterization is located, provided that after 3,555
a site is licensed as a facility and the license is finally 3,557
determined to be valid, a public document repository shall no 3,559
longer be required in the other communities that underwent 3,560
characterization. A copy of all records of the board, including 3,561
the minutes of the board, and of the contractor relating to the
screening, siting, design, construction, operation, institutional 3,563
control, and long-term care of the facility shall be kept 3,564
permanently by the board and the contractor, respectively. 3,565
(6) Not later than eighteen months after September 8, 3,568
1995, select a private entity as a contractor to begin 3,569
development, as defined in section 3747.01 of the Revised Code, 3,572
of a facility. Not later than thirty months after September 8, 3,573
1995, the board shall select one or more private entities as a 3,574
contractor or contractors to complete development of and operate 3,575
a facility, except that the board may choose not to select one or 3,576
more private entities as a contractor to complete development of 3,577
and operate a facility if the low-level radioactive waste 3,578
commission has not complied with any request made under division 3,579
(B)(6) of this section. Notwithstanding sections 153.50, 153.51, 3,581
and 153.52 of the Revised Code, the board may award a single 3,583
contract for the development, construction, and operation of a 3,584
facility.
(7) Approve, approve with modifications requested by the 3,587
board, or disapprove the design of the facility and any
subsequent revisions to it that are proposed by the contractor. 3,589
87
If the board disapproves the design or revisions, it shall 3,590
provide reasons for the disapproval and require the contractor to 3,591
submit a new design or revisions.
(8) Not later than twenty-four months after September 8, 3,594
1995, approve, approve with modifications requested by the board, 3,596
or disapprove and, when approved, implement a statewide screening 3,597
process, prepared by the contractor selected under division 3,598
(A)(6) of this section with the assistance of the board and its 3,599
employees, through which the exclusionary siting criteria 3,600
established in section 3747.12 of the Revised Code and further 3,601
specified in rules adopted under division (A)(3) of section 3,602
3747.07 of the Revised Code and the preference siting criteria 3,603
established in section 3747.12 of the Revised Code and further
specified in rules adopted under division (A)(3) of section 3,604
3747.07 of the Revised Code shall be applied. If the board 3,606
disapproves the screening process, it shall provide reasons for 3,607
the disapproval and require the contractor to submit a new 3,608
screening process.
(9) Approve, approve with modifications requested by the 3,611
board, or disapprove the geologic and hydrogeologic database and 3,612
other appropriate databases to be used by the contractor for 3,613
application of the siting criteria. If the board disapproves a 3,614
database, it shall provide reasons for the disapproval and 3,615
require the contractor to submit a new database. 3,616
(10) Establish a program to offer research grants to state 3,619
universities and colleges as defined in division (A)(1) of 3,620
section 3345.12 of the Revised Code and nonprofit institutions of 3,622
higher education holding a certificate of authorization from the 3,623
Ohio board of regents under Chapter 1713. of the Revised Code for 3,626
the study and development of technology for the reduction,
management, treatment, disposal, and monitoring of low-level 3,628
radioactive waste. Until moneys are collected through the fee 3,629
system established in rules adopted under division (B) of section 3,630
3747.07 of the Revised Code, the total amount of moneys available 3,631
88
annually for grants shall not exceed five per cent of the board's 3,632
annual budget. When moneys are collected through that fee
system, the total amount of moneys available annually for grants 3,633
shall not exceed one per cent of the moneys collected during the 3,634
preceding fiscal year through the fee system. The grants shall 3,635
be awarded in accordance with rules adopted under division (B)(8) 3,637
of section 3747.07 of the Revised Code. 3,638
(11) Not more than forty-two months after September 8, 3,641
1995, approve for site characterization at least three 3,643
potentially suitable disposal sites from among the sites
recommended by the contractor, provided that each state that is a 3,645
member of the midwest interstate compact on low-level radioactive 3,646
waste entered into under section 3747.01 of the Revised Code has 3,647
enacted, and the United States congress has consented to, the 3,648
amendments to the compact made by this act SUBSTITUTE SENATE BILL 3,649
NO. 19 OF THE 121st GENERAL ASSEMBLY; 3,650
(12) Not more than fifty-seven months after September 8, 3,652
1995, from among the characterized sites, select the disposal 3,655
site to be submitted for licensure as the facility under Chapter 3,656
3748. of the Revised Code, provided that the midwest interstate 3,657
low-level radioactive waste commission created in Article III(A) 3,658
of the midwest interstate compact on low-level radioactive waste 3,659
entered into under section 3747.01 of the Revised Code has 3,660
selected and notified the next host state under the compact; 3,662
(13) Acquire real property in fee simple on behalf of the 3,664
state for the purpose of operating the facility, including real 3,665
property to be used as an ecological monitoring zone in 3,666
accordance with section 3747.14 of the Revised Code. For the 3,667
purposes of division (A)(13) of this section, the board may 3,669
appropriate real property in accordance with Chapter 163. of the 3,670
Revised Code.
(14) Establish quality assurance and quality control 3,672
programs for all phases of development, siting, construction, 3,673
operation, closure, institutional control, and long-term care of 3,674
89
the facility; 3,675
(15) Approve, approve with modifications requested by the 3,678
board, or disapprove and, if approved, supervise activities
within the ecological monitoring zone; 3,679
(16) Approve or disapprove petitions submitted by 3,681
communities that wish to be identified as affected communities; 3,682
(17) Approve, approve with modifications requested by the 3,685
board, or disapprove community compensation and benefits
agreements as negotiated with the host community and any affected 3,686
community or communities by the staff of the board. If the board 3,687
disapproves the community compensation agreement negotiated with 3,688
the host community, it shall provide reasons for the disapproval 3,689
and require the staff to renegotiate the agreement. 3,690
(18) In consultation with the director of health, 3,692
establish epidemiological health studies if requested by the 3,694
legislative authority of the host community;
(19) Approve, approve with modifications requested by the 3,697
board, or disapprove methods proposed by the contractor to
provide institutional control and long-term care of the facility 3,698
for a minimum of five hundred years. If the board disapproves 3,699
the methods, it shall provide reasons for the disapproval and 3,700
require the contractor to submit new institutional control and 3,701
long-term care methods. 3,702
(20) Pursuant to division (A)(3) of section 3748.09 of the 3,705
Revised Code, advise the department of health on the hiring of an 3,706
independent person to examine the license review process for the 3,707
facility;
(21) Approve, approve with modifications requested by the 3,710
board, or disapprove the form of the waste acceptance agreement 3,711
prepared by the contractor under division (A) of section 3747.17 3,712
of the Revised Code. If the board disapproves the form, it shall 3,713
provide reasons for the disapproval and require the contractor to 3,714
submit a new form.
(22) Enter into agreements with agencies of other party 3,716
90
states to the midwest interstate compact on low-level radioactive 3,717
waste for the purpose of verifying information in the waste 3,718
minimization reports required under section 3747.17 of the 3,719
Revised Code;
(23) Ensure that sufficient resources are allocated for 3,721
both of the following: 3,722
(a) Institutional control through the fee system 3,725
established in rules adopted under division (B) of section 3,726
3747.07 of the Revised Code pursuant to Article VI(J) of the 3,727
midwest interstate compact on low-level radioactive waste 3,728
established under section 3747.01 of the Revised Code; 3,729
(b) Long-term care for a minimum of five hundred years 3,732
through the long-term care fund established pursuant to Article 3,733
VI(O) of the compact.
(24) Approve, approve with modifications requested by the 3,735
board, or disapprove termination of the long-term care of the 3,736
facility, and provide reasons for that decision; 3,737
(25) In the event of a failure of a facility that results 3,739
in a release of radioactivity in excess of prescribed limits, 3,740
approve, approve with modifications requested by the board, or 3,741
disapprove a program to correct the failure and contain and 3,742
remediate any contamination caused by the release. 3,743
(B) The board may do any of the following: 3,745
(1) Make and enter into all contracts and agreements 3,747
necessary or incidental to the performance of its duties and the 3,748
execution of its powers under this chapter. If the board enters 3,750
into more than one contract for the purpose of executing the 3,751
duties of a contractor specified in this chapter or Chapter 3748. 3,752
of the Revised Code or rules adopted under either chapter, the 3,754
specific duties so established apply to the appropriate 3,756
contractor. Any other requirement established under this chapter 3,757
or Chapter 3748. of the Revised Code or rules adopted under 3,759
either chapter regarding a contractor applies to any contractor 3,760
with whom the board proposes to enter or has entered into a
91
contract, except that the board may establish different 3,761
requirements under those rules for contractors that execute 3,762
separate duties.
(2) Sue and be sued in the name of the authority and plead 3,765
and be impleaded, provided that any actions against the authority 3,766
shall be brought in the court of common pleas of the county in 3,767
which the office of the board is located or in the court of 3,768
common pleas of the county in which the cause of action arose if 3,769
that county is in the state. All summonses, exceptions, and 3,770
notices of every kind shall be served on the authority by leaving 3,771
a copy thereof at the principal office of the board with the
executive director. 3,772
(3) Establish a peer review committee to review, analyze, 3,774
and make recommendations regarding the screening and siting 3,775
process established in rules adopted under division (A)(3) of 3,776
section 3747.07 of the Revised Code and the design and 3,777
construction of the facility. Such a committee shall consist of 3,778
not less than two nor more than three persons representing each 3,779
of the professional fields described in division (B) of section 3,781
3747.05 of the Revised Code. Each member of the committee shall 3,783
be a resident of this state and shall have recognized ability, 3,784
credentials, and experience in the member's professional field of 3,785
expertise. If the board establishes such a committee, it shall 3,786
do so no later than twelve months after September 8, 1995, and 3,788
shall disband it when the facility begins operating. 3,789
(4) Periodically review compensation of board members and 3,791
make recommendations to the general assembly regarding any needed 3,792
changes in compensation of board members; 3,793
(5) Perform all other acts necessary or proper to carry 3,795
out the powers expressly granted in this chapter; 3,796
(6) Not later than January 1, 1998, request the midwest 3,799
interstate low-level radioactive waste commission created in 3,800
Article III of the midwest interstate low-level radioactive waste 3,801
compact entered into under section 3747.01 of the Revised Code to 3,804
92
locate its principal office at a location of the commission's
choosing within this state. 3,805
(C) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 3,807
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 3,809
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 3,810
SECTION 5301.012 OF THE REVISED CODE.
Sec. 3747.14. (A) The board of directors of the Ohio 3,820
low-level radioactive waste facility development authority shall 3,821
designate and maintain an ecological monitoring zone surrounding 3,822
and contiguous with the disposal site selected under division 3,823
(A)(12) of section 3747.06 and section 3747.11 of the Revised 3,824
Code. The board, on behalf of the state, shall acquire real 3,825
property to be used as the zone as provided in division (A)(13) 3,826
of section 3747.06 of the Revised Code. 3,827
The size and shape of the zone shall be based on the unique 3,830
topography and geology of the disposal site and shall be designed 3,831
to provide a logical unit of space. Except as provided in
division (A)(17) of section 3747.12 of the Revised Code, the 3,832
exclusionary siting criteria established under that section and 3,833
further specified in rules adopted under division (A)(3) of 3,835
section 3747.07 of the Revised Code do not apply to the 3,836
ecological monitoring zone. However, the zone may be located in 3,837
an area identified under division (A)(3) of section 3747.12 of 3,838
the Revised Code only if the authority is awarded control by the 3,839
federal government or the state, as appropriate, over the portion 3,840
of the area in which the zone will be located. 3,841
(B) The ecological monitoring zone shall remain 3,843
uninhabited and shall provide opportunities for comprehensive 3,844
monitoring around the disposal site by agencies of the state, 3,845
other public entities, individuals, and organizations whose 3,846
projects are approved by the board in accordance with rules 3,847
adopted under division (A)(11) of section 3747.07 of the Revised 3,849
Code. The board shall approve and supervise all activities that 3,850
are conducted within the zone.
93
(C) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 3,852
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 3,854
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 3,855
SECTION 5301.012 OF THE REVISED CODE.
Sec. 3793.031. The director of alcohol and drug addiction 3,864
services may acquire by purchase, lease, or otherwise such real 3,865
and personal property rights in the name of the state as are 3,866
necessary for the purposes of the department. The director, with 3,867
the approval of the governor and the attorney general, may sell, 3,868
lease, or exchange portions of real and personal property of the 3,869
department when the sale, lease, or exchange is advantageous to
the state. Money received from such sales, leases, or exchanges 3,870
shall be credited to the general revenue fund. 3,871
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 3,873
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 3,874
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 3,875
5301.012 OF THE REVISED CODE.
Sec. 4582.06. A port authority created in accordance with 3,884
section 4582.02 of the Revised Code may: 3,885
(A) Purchase, construct, reconstruct, enlarge, improve, 3,887
equip, develop, sell, exchange, lease, convey other interests in, 3,888
and operate port authority facilities, and make charges for the 3,889
use thereof, which shall be not less than the charges established 3,890
for the same services furnished by a public utility or common 3,891
carrier in the particular port authority jurisdiction; 3,892
(B) Straighten, deepen, and improve any canal, channel, 3,894
river, stream, or other water course or way which may be 3,895
necessary or proper in the development of the facilities of such 3,896
port; 3,897
(C) Acquire, own, hold, sell, lease, or operate real or 3,899
personal property for the authorized purposes of the port 3,900
authority; 3,901
(D) Issue bonds or notes for the acquisition or 3,903
construction of any permanent improvement which a port authority 3,904
94
is authorized to acquire or construct, in compliance with Chapter 3,905
133. of the Revised Code, except that such bonds or notes may 3,906
only be issued pursuant to a vote of the electors residing within 3,907
the territory of the port authority. The net indebtedness 3,908
incurred by a port authority shall never exceed two per cent of 3,909
the total value of all property within the territory comprising 3,910
such authority as listed and assessed for taxation. 3,911
(E) By resolution of its board of directors, issue revenue 3,913
bonds beyond the limit of bonded indebtedness provided by law, 3,914
for the purpose of acquiring, constructing, or developing any 3,915
port authority facility, other than a residential facility, 3,916
including all costs in connection with or incidental to such 3,917
acquisition, construction, or development. Pursuant to Section 3,918
13 of Article VIII, Ohio Constitution, and in order to create or 3,919
preserve jobs and employment opportunities and improve the 3,920
economic welfare, the port authority may loan moneys for or 3,921
acquire, construct, reconstruct, develop, enlarge, improve, 3,922
furnish, equip, sell, exchange, lease, convey other interests in, 3,923
or lease with a contract or option to purchase, at such amount as 3,924
the board of directors in its sole discretion may determine, real 3,925
property, machinery, equipment, plants, factories, offices, and 3,926
other structures and facilities for industry, commerce, 3,927
distribution, and research, provided that when the costs thereof 3,928
are to be paid by the port authority, the acquisition, 3,929
construction, reconstruction, development, enlargement, 3,930
improvement, and equipment of such property, plants, factories, 3,931
offices, and other structures and facilities shall only be 3,932
financed from the proceeds of revenue bonds issued under 3,933
authority of this division or in a manner consistent with Section 3,934
13 of Article VIII, Ohio Constitution. 3,935
The port authority may construct, reconstruct, equip, or 3,937
operate any facilities which it is authorized to acquire, 3,938
purchase, or lease. Any sale, lease, lease with option to 3,939
purchase, conveyance of other interests in, or contract for 3,940
95
acquiring, constructing, reconstructing, operating, developing, 3,941
enlarging, improving, or equipping any real property, plant, 3,942
factory, office, or other structure or facility for industry, 3,943
commerce, distribution, recreation, and research shall be made in 3,944
such manner as is determined by the board of directors and shall 3,945
not be subject to the provisions of section 4582.12 of the 3,946
Revised Code. The revenue bonds of the port authority shall be 3,947
secured only by a pledge of and a lien on the revenues of the 3,948
port authority derived from loan payments, rentals, fees, 3,949
charges, or other revenues from any improvements and facilities 3,950
as are designated in the resolution, including but not limited to 3,951
the improvements and facilities to be financed from or 3,952
constructed, developed, or acquired with the proceeds of the bond 3,953
issue, after provision only for the reasonable cost of operating, 3,954
maintaining, and repairing the improvements and facilities of the 3,955
port authority so designated. The bonds may further be secured 3,956
by the covenant of the port authority to maintain such rates or 3,957
charges as will produce revenues sufficient to meet costs of 3,958
operating, maintaining, and repairing such improvements and 3,959
facilities and to meet the interest and principal requirements of 3,960
such bonds and to establish and maintain reserves for the 3,961
foregoing purposes. The board of directors may, by resolution, 3,962
provide for the issuance of additional revenue bonds from time to 3,963
time, such bonds to be secured equally and ratably, without 3,964
preference, priority, or distinction, with outstanding revenue 3,965
bonds, but subject to the terms and limitations of any trust 3,966
agreement described in this section, and of any resolution 3,967
authorizing bonds then outstanding. The board of directors may 3,968
by resolution designate additional improvements and facilities of 3,969
the port authority, the revenues of which shall be pledged and be 3,970
subject to a lien for service of the principal and interest 3,971
requirements of revenue bonds theretofore authorized by 3,972
resolution of the board of directors, to the same extent as the 3,973
revenues above described. 3,974
96
In the discretion of the board of directors of the port 3,976
authority, the revenue bonds of the port authority may be secured 3,977
by a trust agreement between the board of directors on behalf of 3,978
the port authority and a corporate trustee, which trustee may be 3,979
any trust company or bank having powers of a trust company, 3,980
within or without the state. 3,981
The trust agreement may provide for the pledge or 3,983
assignment of the revenues to be received, but shall not pledge 3,984
the general credit and taxing power of the port authority. A 3,985
trust agreement securing revenue bonds issued to acquire, 3,986
construct, reconstruct, develop, enlarge, improve, or equip real 3,987
property, plants, factories, offices, and other structures and 3,988
facilities for industry, commerce, distribution, and research, 3,989
may mortgage the real or personal property, or both, to be 3,990
acquired, constructed, reconstructed, developed, enlarged, or 3,991
improved from the proceeds of such revenue bonds, as further 3,992
security for such bonds. The trust agreement or the resolution 3,993
providing for the issuance of revenue bonds may set forth the 3,994
rights and remedies of the bondholders and trustee, and may 3,995
contain such other provisions for protecting and enforcing their 3,996
rights and remedies as are in the discretion of the board of 3,997
directors reasonable and proper. Such agreement or resolution 3,998
may provide for the custody, investment, and disbursement of all 3,999
moneys derived from the sale of such bonds, or from the revenues 4,000
of the port authority, other than those moneys received from 4,001
taxes levied pursuant to section 4582.14 of the Revised Code, and 4,002
may provide for the deposit of such funds without regard to 4,003
section 4582.15 of the Revised Code. 4,004
The revenue bonds shall bear interest at such rate or rates 4,006
and shall mature within forty years following the date of 4,007
issuance and in such amount, at such times, and in such number of 4,008
installments, as may be provided in the resolution authorizing 4,009
their issuance. Such resolution shall also provide for the 4,010
execution and sealing of the bonds and the use of facsimile 4,011
97
signatures and facsimile of the seal, the manner of sale of the 4,012
bonds, and such other terms and conditions relative to the 4,013
issuance, sale, and retirement of said bonds as the board of 4,014
directors in their discretion believe reasonable and proper. 4,015
Whenever a port authority considers it expedient, it may 4,017
issue renewal notes and refund any bonds, whether the bonds to be 4,018
refunded have or have not matured. The refunding bonds shall be 4,019
sold and the proceeds applied to the purchase, redemption, or 4,020
payment of the bonds to be refunded. The bonds and notes issued 4,021
under this chapter, their transfer, and the income therefrom, 4,022
shall at all times be free from taxation within the state. 4,023
(F) Apply to the proper authorities of the United States 4,025
pursuant to appropriate law for the right to establish, operate, 4,026
and maintain foreign trade zones and to establish, operate, and 4,027
maintain such foreign trade zones; and purchase, lease, or 4,028
acquire land or property therefor, in a manner consistent with 4,029
section 4582.17 of the Revised Code; 4,030
(G) Exercise the right of eminent domain to appropriate 4,032
any land, rights, rights-of-way, franchises, easements, or other 4,033
property, necessary or proper for the construction or the 4,034
efficient operation of any facility of the port authority and 4,035
included in its official plan, pursuant to the procedure provided 4,036
in sections 163.01 to 163.22 of the Revised Code, if funds equal 4,037
to the appraised value of the property to be acquired as the 4,038
result of such proceedings, are on hand and available for such 4,039
purposes, except that: 4,040
(1) Nothing contained in sections 4582.01 to 4582.20 of 4,042
the Revised Code, shall authorize a port authority to take or 4,043
disturb property or facilities belonging to any public 4,044
corporation, public utility, or common carrier, which property or 4,045
facilities are necessary and convenient in the operation of such 4,046
public corporation, public utility, or common carrier, unless 4,047
provision is made for the restoration, relocating, or duplication 4,048
of such property or facilities, or upon the election of such 4,049
98
public corporation, public utility, or common carrier, for the 4,050
payment of compensation, if any, at the sole cost of the port 4,051
authority, provided that: 4,052
(a) If any restoration or duplication proposed to be made 4,054
pursuant to this section involves a relocation of such property 4,055
or facilities, the new facilities and location shall be of at 4,056
least comparable utilitarian value and effectiveness, and such 4,057
relocation shall not impair the ability of the public utility or 4,058
common carrier to compete in its original area of operation. 4,059
(b) If any restoration or duplication made pursuant to 4,061
this section involves a relocation of such property or 4,062
facilities, the port authority shall acquire no interest or right 4,063
in or to the appropriated property or facilities, except as 4,064
provided in division (J) of this section, until the relocated 4,065
property or facilities are available for use and until marketable 4,066
title thereto has been transferred to the public utility or 4,067
common carrier. 4,068
(c) Provisions for restoration or duplication shall be 4,070
described in detail in the resolution for appropriation passed by 4,071
the port authority. 4,072
(H) Enjoy and possess the same rights, privileges, and 4,074
powers granted municipal corporations under sections 721.04 to 4,075
721.11 of the Revised Code; 4,076
(I) Maintain such funds as it considers necessary; 4,078
(J) Direct its agents or employees, when properly 4,080
identified in writing, and after at least five days' written 4,081
notice, to enter upon lands within the confines of its 4,082
jurisdiction in order to make surveys and examinations 4,083
preliminary to location and construction of works for the 4,084
purposes of the port authority, without liability of the port 4,085
authority or its agents or employees except for actual damage 4,086
done; 4,087
(K) Sell, lease, or convey other interests in real and 4,089
personal property and grant easements or rights-of-way over 4,090
99
property of the port authority. The board of directors of the 4,091
port authority shall specify the consideration and any terms 4,092
thereof for such sale, lease, or conveyance of other interests in 4,093
real and personal property. Any determinations made by the board 4,094
of directors under this division shall be conclusive. Such sale, 4,095
lease, or conveyance may be made without advertising and the 4,096
receipt of bids. 4,097
(L) Promote, advertise, and publicize the port authority 4,099
facilities and its authorized purposes, provide information to 4,100
persons with an interest in transportation and other port 4,101
authority activities, and appear before rate-making authorities 4,102
to represent and promote the interests of the port authority and 4,103
its authorized purposes; 4,104
(M) Adopt rules, not in conflict with general law, 4,106
governing the use of its property, grounds, buildings, equipment, 4,107
and facilities, and governing the conduct of its employees and 4,108
the public, in order to promote the public safety and convenience 4,109
in and about its terminals and grounds, and to maintain order. 4,110
Any such regulation shall be posted at a prominent place in each 4,111
of the buildings, terminals, or facilities to which it applies. 4,112
No person shall violate any lawful regulation adopted and posted 4,113
as provided in this division. 4,114
(N) Do all acts necessary or appropriate to carry out its 4,116
authorized purposes. The port authority shall have the powers 4,117
and rights granted to other subdivisions under section 9.20 of 4,118
the Revised Code. 4,119
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 4,121
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 4,122
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 4,123
5301.012 OF THE REVISED CODE.
Sec. 4582.31. A port authority created in accordance with 4,132
section 4582.22 of the Revised Code may: 4,133
(A) Adopt bylaws for the regulation of its affairs and the 4,135
conduct of its business; 4,136
100
(B) Adopt an official seal; 4,138
(C) Maintain a principal office within its jurisdiction, 4,140
and maintain such branch offices as it may require; 4,141
(D) Acquire, purchase, construct, reconstruct, enlarge, 4,143
furnish, equip, maintain, repair, sell, exchange, lease or rent 4,144
to, lease or rent from, or operate port authority facilities; 4,145
(E) Straighten, deepen, and improve any channel, river, 4,147
stream, or other water course or way which may be necessary or 4,148
proper in the development of the facilities of a water port; 4,149
(F) Make available the use or services of any port 4,151
authority facility to one or more persons, one or more 4,152
governmental agencies, or any combination thereof; 4,153
(G) Issue bonds or notes for the acquisition or 4,155
construction of any port authority facility or other permanent 4,156
improvement which a port authority is authorized to acquire or 4,157
construct, in compliance with Chapter 133. of the Revised Code, 4,158
except that such bonds or notes may only be issued pursuant to a 4,159
vote of the electors residing within the area of jurisdiction of 4,160
the port authority. The net indebtedness incurred by a port 4,161
authority shall never exceed two per cent of the total value of 4,162
all property within the territory comprising such port authority 4,163
as listed and assessed for taxation. 4,164
(H) Issue port authority revenue bonds beyond the limit of 4,166
bonded indebtedness provided by law, payable solely from revenues 4,167
as provided in section 4582.48 of the Revised Code, unless the 4,168
bonds be refunded by refunding bonds, for the purpose of 4,169
providing funds to pay the costs of any port authority facility 4,170
or facilities or parts thereof, pursuant to Section 13 of Article 4,171
VIII, Ohio Constitution, and in order to create or preserve jobs 4,172
and employment opportunities and improve the economic welfare of 4,173
the people of the state; 4,174
(I) Apply to the proper authorities of the United States 4,176
pursuant to appropriate law for the right to establish, operate, 4,177
and maintain foreign trade zones and establish, operate, and 4,178
101
maintain such foreign trade zones in accordance with the "Foreign 4,179
Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to 81u; 4,181
(J) Enjoy and possess the same rights, privileges, and 4,183
powers granted municipal corporations under sections 721.04 to 4,184
721.11 of the Revised Code; 4,185
(K) Maintain such funds as it considers necessary; 4,187
(L) Direct its agents or employees, when properly 4,189
identified in writing, and after at least five days' written 4,190
notice, to enter upon lands within the confines of its 4,191
jurisdiction in order to make surveys and examinations 4,192
preliminary to location and construction of works for the 4,193
purposes of the port authority, without liability of the port 4,194
authority or its agents or employees except for actual damage 4,195
done; 4,196
(M) Promote, advertise, and publicize the port authority 4,198
and its facilities; provide information to shippers and other 4,199
commercial interests; and appear before rate-making authorities 4,200
to represent and promote the interests of the port authority; 4,201
(N) Adopt rules, not in conflict with general law, 4,203
governing the use of its property, grounds, buildings, equipment, 4,204
and facilities, and governing the conduct of its employees and 4,205
the public, in order to promote the public safety and convenience 4,206
in and about its facilities and grounds, and to maintain order. 4,207
Any such rule shall be posted at a prominent place in each of the 4,208
facilities to which it applies. No person shall violate any 4,209
lawful rule adopted and posted as provided in this division. 4,210
(O) Acquire by gift or purchase, hold, lease, and dispose 4,212
of real and personal property and interests therein in the 4,213
exercise of the powers of the port authority and the performance 4,214
of its duties under sections 4582.21 to 4582.59 of the Revised 4,215
Code; 4,216
(P) Acquire, in the name of the port authority, by 4,218
purchase or otherwise, on such terms and in such manner as the 4,219
port authority finds proper, or by the exercise of the right of 4,220
102
condemnation in the manner provided by section 4582.56 of the 4,221
Revised Code, such public or private lands, including public 4,222
parks, playgrounds, or reservations, or parts thereof or rights 4,223
therein, rights-of-way, property, rights, easements, and 4,224
interests as it finds necessary for carrying out sections 4582.21 4,225
to 4582.59 of the Revised Code, and compensation shall be paid 4,226
for public or private lands so taken; 4,227
(Q) Make and enter into all contracts and agreements and 4,229
execute all instruments necessary or incidental to the 4,230
performance of its duties and the execution of its powers under 4,231
sections 4582.21 to 4582.59 of the Revised Code. 4,232
(1) When the cost under any such contract or agreement, 4,234
other than compensation for personal services, involves an 4,235
expenditure of more than ten thousand dollars, the port authority 4,236
shall make a written contract with the lowest responsive and 4,237
responsible bidder, in accordance with section 9.312 of the 4,238
Revised Code, after advertisement once a week for not less than 4,239
two consecutive weeks in a newspaper of general circulation in 4,240
the county where the facility is located, and in such other 4,241
publications as the port authority determines, which notice shall 4,242
state the general character of the work and the general character 4,243
of the materials to be furnished, the place where plans and 4,244
specifications therefor may be examined, and the time and place 4,245
of receiving bids; provided, that a contract or lease for the 4,246
operation of a port authority facility constructed and owned by 4,247
the port authority or an agreement for cooperation in the 4,248
acquisition or construction of a port authority facility pursuant 4,249
to section 4582.43 of the Revised Code or any contract for the 4,250
construction of a port authority facility that is to be leased by 4,251
the port authority to, and operated by, persons who are not 4,252
governmental agencies and the cost of such facility is to be 4,253
amortized exclusively from rentals or other charges paid to the 4,254
port authority by persons who are not governmental agencies is 4,255
not subject to the foregoing requirements and the port authority 4,256
103
may enter into such contract, lease, or agreement pursuant to 4,257
negotiation and upon such terms and conditions and for such 4,258
period as it finds to be reasonable and proper in the 4,259
circumstances and in the best interests of proper operation or of 4,260
efficient acquisition or construction of such facility. 4,261
(2) Each bid shall contain the full name of every person 4,263
interested in it and shall be accompanied by a sufficient bond or 4,264
certified check on a solvent bank that if the bid is accepted a 4,265
contract will be entered into and the performance thereof 4,266
secured. 4,267
(3) The port authority may reject any and all bids. 4,269
(4) A bond with good and sufficient surety, approved by 4,271
the port authority, shall be required of all contractors in an 4,272
amount equal to at least fifty per cent of the contract price, 4,273
conditioned upon the faithful performance of the contract. 4,274
(R) Employ managers, superintendents, and other employees 4,276
and retain or contract with consulting engineers, financial 4,277
consultants, accounting experts, architects, attorneys, and such 4,278
other consultants and independent contractors as are necessary in 4,279
its judgment to carry out this chapter, and fix the compensation 4,280
thereof. All expenses thereof shall be payable from any 4,281
available funds of the port authority or from funds appropriated 4,282
for such purpose by a political subdivision creating or 4,283
participating in the creation of the port authority. 4,284
(S) Receive and accept from any federal agency grants for 4,286
or in aid of the construction of any port authority facility or 4,287
for research and development with respect to port authority 4,288
facilities, and receive and accept aid or contributions from any 4,289
source of money, property, labor, or other things of value, to be 4,290
held, used, and applied only for the purposes for which such 4,291
grants and contributions are made; 4,292
(T) Engage in research and development with respect to 4,294
port authority facilities; 4,295
(U) Purchase fire and extended coverage and liability 4,297
104
insurance for any port authority facility and for the principal 4,298
office and branch offices of the port authority, insurance 4,299
protecting the port authority and its officers and employees 4,300
against liability for damage to property or injury to or death of 4,301
persons arising from its operations, and any other insurance the 4,302
port authority may agree to provide under any resolution 4,303
authorizing its port authority revenue bonds or in any trust 4,304
agreement securing the same; 4,305
(V) Charge, alter, and collect rentals and other charges 4,307
for the use or services of any port authority facility as 4,308
provided in section 4582.43 of the Revised Code; 4,309
(W) Provide coverage for its employees under Chapters 4,311
145., 4123., and 4141. of the Revised Code; 4,312
(X) Do all acts necessary or proper to carry out the 4,314
powers expressly granted in sections 4582.21 to 4582.59 of the 4,315
Revised Code. 4,316
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 4,318
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 4,319
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 4,320
5301.012 OF THE REVISED CODE.
Sec. 4981.14. (A) The Ohio rail development commission 4,329
may exercise all powers necessary or appropriate to carry out its 4,330
corporate purposes. 4,331
(B) The commission may do all of the following: 4,333
(1) Adopt, and from time to time, ratify, amend, and 4,335
repeal bylaws necessary and proper for the regulation of its 4,336
affairs and the conduct of its business and rules to implement 4,337
and make effective its powers and duties; 4,338
(2) Adopt an official seal; 4,340
(3) Maintain a principal office in Columbus and, if 4,342
necessary, regional sub-offices at locations properly designated 4,343
or provided; 4,344
(4) Sue and be sued in its own name and plead and be 4,346
impleaded in its own name, particularly to enforce the 4,347
105
obligations and covenants made under sections 4981.13, 4981.14, 4,348
and4981.29 AND 4981.29 of the Revised Code. Any actions against 4,350
the commission shall be brought in the court of common pleas in 4,351
Franklin county, in which the principal office of the commission 4,352
shall be located.
(5) Undertake or cause to be undertaken the acquisition, 4,354
renovation, repair, refunding, operation, maintenance, or 4,355
construction of any rail service project; 4,356
(6) Establish and operate a revolving loan fund for the 4,358
purpose of making loans to qualifying subdivisions, local or 4,359
regional transportation authorities, or other persons for the 4,360
acquisition, renovation, repair, refunding, or construction of 4,361
rail service projects by such qualifying subdivisions, local or 4,363
regional transportation authorities, and private corporations or
organizations, and the repayment thereof from project financing 4,364
proceeds and revenues; purchase the obligations of counties and 4,365
municipal corporations issued for the acquisition, renovation, 4,367
repair, or construction of rail service projects by such 4,368
qualifying subdivisions and local or regional transportation 4,369
authorities; and adopt rules and procedures for making those 4,370
loans or purchasing those obligations;
(7) Issue bonds and notes and refunding obligations of the 4,372
state, payable as provided in this chapter unless the bonds are 4,373
refunded by refunding bonds, for the purpose of borrowing money 4,374
to implement any power granted by divisions (B)(5) and (6) of 4,375
this section for one or more rail service projects or parts 4,377
thereof;
(8) Acquire by gift or purchase, hold, or dispose of real 4,379
and personal property in the exercise of its powers and 4,380
performance of its duties as set forth in this chapter; 4,381
(9) Make and enter into all contracts and agreements and 4,383
execute all instruments necessary or incidental to the 4,384
performance of its duties and the execution of its powers and to 4,385
employ natural persons to act on behalf of the commission, and to 4,386
106
establish the terms and conditions of such employment; 4,387
(10) Receive and accept from any federal agency or other 4,389
person, subject to the approval of the governor, grants for or in 4,390
aid of the construction, repair, renovation, operation, 4,391
maintenance, or acquisition of rail service projects, and receive 4,392
and accept aid or contributions from any source of money, 4,393
property, labor, or other things of value, to be held, used, and 4,394
applied only for the purposes for which the grants and 4,395
contributions are made;
(11) Purchase property coverage and liability insurance 4,397
for any rail service project and for any offices of the 4,398
commission, insurance protecting the commission and its officers 4,399
and employees against liability, if any, or damage to property or 4,400
injury to or death of persons arising from its operations, and 4,401
any other insurance the commission may agree to provide under any 4,402
resolution authorizing the issuance of bonds in accordance with 4,403
sections 4981.11 to 4981.26 of the Revised Code, or in any trust 4,404
agreement securing the same; 4,405
(12) Establish or increase reserves from moneys received 4,407
or to be received by the commission to secure or pay the 4,408
principal of and interest on bonds, notes, or other obligations 4,409
issued by the commission pursuant to this chapter or other law. 4,410
Moneys, funds, and accounts of the commission, however, are 4,411
subject only to audit by the auditor of state and all moneys, 4,412
funds, and accounts shall be held in custody or deposited as 4,413
directed by resolution of the commission and unless otherwise 4,414
provided by law all moneys of the commission not pledged to the 4,415
holders of bonds of the commission shall be appropriated by the 4,416
general assembly.
(13) Receive and disburse the proceeds of general 4,418
obligation or other bonds of the state or agencies thereof as may 4,419
be allowed by law pursuant to any resolution or act of the 4,420
general assembly; 4,421
(14) To the extent permitted under its contracts with the 4,423
107
holders of bonds or notes of the commission, consent to 4,424
modification of the rate of interest, time and payment of 4,425
installment of principal or interest, security, or any other term 4,426
of a bond, contract, or agreement of any kind to which the 4,427
commission is a party; 4,428
(15) Make grants to counties or municipal corporations, 4,430
qualifying subdivisions, local or regional transportation 4,431
authorities, or other persons for one or more rail service 4,433
projects of parts thereof;
(16) Provide consultation services to any qualifying 4,435
subdivision, local or regional transportation authority, or other 4,436
person in connection with the acquisition, renovation, repair, or 4,437
construction of any rail service project; 4,438
(17) Establish and amend the criteria and qualifications 4,440
for the making of any loan to or the purchasing of any bond from 4,441
any qualifying subdivision, local or regional transportation 4,442
authority, or other person and the terms not inconsistent with 4,443
this chapter of any loan or bond purchase agreement with any 4,444
qualifying subdivision, local or regional transportation 4,445
authority, or other person; 4,446
(18) Do all acts necessary and proper to carry out the 4,448
powers expressly granted to the commission in this chapter. 4,449
(C) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 4,451
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 4,453
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 4,454
SECTION 5301.012 OF THE REVISED CODE.
Sec. 4981.32. (A) A franchise agreement shall authorize 4,463
the franchisee to do all of the following: 4,464
(1) Acquire and dispose of real and personal property and 4,466
request the Ohio rail development commission to appropriate real 4,467
property for sale to the franchisee in accordance with division 4,468
(A)(5) of section 4981.29 of the Revised Code; 4,469
(2) Plan, design, finance, construct, reconstruct, 4,471
improve, operate, and maintain its portion of the rail system and 4,472
108
any ancillary system facilities; 4,473
(3) Set and charge rates and fares for the use of its 4,475
portion of the rail system, and retain all revenues in excess of 4,476
debt service and operating expenses up to an agreed return on 4,477
investment; 4,478
(4) Subject to applicable permit requirements, construct 4,480
and operate the rail system over or under canals, navigable 4,481
watercourses, and existing transportation and public utility 4,482
rights-of-way; 4,483
(5) Classify users according to reasonable categories for 4,485
the assessment of fares, including peak and off-peak time 4,486
periods; 4,487
(6) Make and enforce reasonable regulations regarding 4,489
usage and safety of that portion of the rail system comprising 4,490
its franchise; 4,491
(7) Engage in any other business in addition to that of 4,493
operator of its portion of the rail system, including the 4,494
purchase and sale of real estate and ownership and operation of 4,495
ancillary system facilities; 4,496
(8) Establish and fund accounts, including reasonable 4,498
reserves for contingencies, maintenance, and replacement, in 4,499
order to ensure the availability of funds to meet future 4,500
obligations of the franchisee; 4,501
(9) Take all other actions it determines necessary and 4,503
appropriate in the operation of the franchise, so long as those 4,504
actions comply with the franchise agreement and with applicable 4,505
state and federal statutes, rules, and regulations. 4,506
(B) The franchisee shall do all of the following: 4,508
(1) Use best efforts to arrange financing for the 4,510
construction and operation of that portion of the rail system 4,511
that comprises its franchise, and pledge assets and revenue as 4,512
may be necessary to secure repayment of obligations; 4,513
(2) Maintain and file with the commission a schedule of 4,515
rates and fares, and file and maintain a statement that those 4,516
109
rates and fares apply uniformly to all users of the rail system 4,517
within reasonable categories; 4,518
(3) Construct, maintain, and insure the rail system in 4,520
accordance with standards agreed with the commission, and permit 4,521
access for inspection by the commission. Construction may be 4,522
performed in stages pursuant to a schedule or program approved by 4,523
the commission. 4,524
(4) Enlarge or expand its portion of the rail system from 4,526
time to time, as reflected in initial plans for the franchise and 4,527
as appropriate to meet market requirements; 4,528
(5) Operate the rail system in accordance with applicable 4,530
legal requirements and any additional reasonable operating and 4,531
safety standards the commission approves, or as otherwise may be 4,532
required by applicable state or federal requirements; 4,533
(6) Contract with state, county, or municipal law 4,535
enforcement agencies, or enter into other arrangements acceptable 4,536
to the commission, to provide law enforcement on and around the 4,537
franchisee's portion of the rail system. 4,538
(C) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 4,540
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 4,542
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 4,543
SECTION 5301.012 OF THE REVISED CODE.
Sec. 5119.37. When it is necessary for a state institution 4,552
under the jurisdiction of the department of mental health to 4,553
acquire any real estate, right of way, or easement in real estate 4,554
in order to accomplish the purposes for which it was organized or 4,555
is being conducted, and the department is unable to agree with 4,556
the owner of such property upon the price to be paid therefor,
such property may be appropriated in the manner provided for the 4,557
appropriation of property for other state purposes. 4,558
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 4,560
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 4,561
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 4,562
5301.012 OF THE REVISED CODE.
110
Sec. 5120.46. When it is necessary for a state 4,571
correctional institution to acquire any real estate, 4,572
right-of-way, or easement in real estate in order to accomplish 4,573
the purposes for which it was organized or is being conducted,
and the department of rehabilitation and correction is unable to 4,574
agree with the owner of the property upon the price to be paid 4,575
therefor, the property may be appropriated in the manner provided 4,576
for the appropriation of property for other state purposes. 4,577
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 4,579
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 4,580
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 4,581
5301.012 OF THE REVISED CODE.
Sec. 5123.22. When it is necessary for an institution 4,590
under the jurisdiction of the department of mental retardation 4,591
and developmental disabilities to acquire any real estate, 4,592
right-of-way, or easement in real estate in order to accomplish 4,593
the purposes for which it was organized or is being conducted,
and the department is unable to agree with the owner of such 4,594
property upon the price to be paid therefor, such property may be 4,595
appropriated in the manner provided for the appropriation of 4,596
property for other state purposes. 4,597
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 4,599
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 4,600
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 4,601
5301.012 OF THE REVISED CODE.
Sec. 5301.012. (A) AS USED IN THIS SECTION, "AGENCY" 4,604
MEANS EVERY ORGANIZED BODY, OFFICE, OR AGENCY ESTABLISHED BY THE 4,605
LAWS OF THE STATE FOR THE EXERCISE OF ANY FUNCTION OF STATE 4,606
GOVERNMENT.
(B) ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE 4,609
STATE ACQUIRES AN INTEREST IN REAL PROPERTY, INCLUDING ANY DEED, 4,610
TRANSFER, GRANT, RESERVATION, AGREEMENT CREATING AN EASEMENT, OR
LEASE, SHALL IDENTIFY THE AGENCY FOR WHOSE USE AND BENEFIT THE 4,612
INTEREST IN THE REAL PROPERTY IS ACQUIRED.
111
(C)(1) IF THE INSTRUMENT CONVEYS LESS THAN A FEE SIMPLE 4,614
INTEREST IN REAL PROPERTY AND IF THE AGENCY HAS AUTHORITY TO HOLD 4,617
AN INTEREST IN PROPERTY IN ITS OWN NAME, THE INSTRUMENT SHALL 4,618
STATE THAT THE INTEREST IN THE REAL PROPERTY IS CONVEYED "TO 4,619
.......... (THE NAME OF THE AGENCY)." OTHERWISE, THE INSTRUMENT 4,620
SHALL STATE THAT THE INTEREST IN THE REAL PROPERTY IS CONVEYED 4,621
"TO THE STATE OF OHIO FOR THE USE AND BENEFIT OF .......... (NAME 4,622
OF AGENCY)." 4,623
(2) IF THE INSTRUMENT CONVEYS A FEE SIMPLE INTEREST IN 4,625
REAL PROPERTY AND IF THE AGENCY HAS AUTHORITY TO HOLD A FEE 4,627
SIMPLE INTEREST IN REAL PROPERTY IN ITS OWN NAME, THE DEED OR 4,628
TRANSFER SHALL STATE THAT THE INTEREST IN THE REAL PROPERTY IS 4,630
CONVEYED "TO THE .......... (NAME OF AGENCY) AND ITS SUCCESSORS 4,631
AND ASSIGNS." OTHERWISE, THE INSTRUMENT THAT CONVEYS A FEE 4,632
SIMPLE INTEREST IN THE REAL PROPERTY SHALL STATE "TO THE STATE OF 4,633
OHIO AND ITS SUCCESSORS AND ASSIGNS FOR THE USE AND BENEFIT OF 4,634
.......... (NAME OF AGENCY)."
(D) THE PURPOSE OF SPECIFYING THE NAME OF THE AGENCY IN 4,636
THE INSTRUMENT IS TO IDENTIFY THE AGENCY THAT HAS THE USE AND 4,637
BENEFIT OF THE REAL PROPERTY. THE IDENTIFICATION OF THE AGENCY 4,638
PURSUANT TO THIS SECTION DOES NOT CONFER ON THAT AGENCY ANY 4,639
ADDITIONAL PROPERTY RIGHTS IN REGARD TO THE REAL PROPERTY. 4,640
Sec. 5501.32. The director of transportation may purchase 4,649
property in fee simple in the name of the state by warranty deed, 4,650
and all or any part of a tract of land when the acquisition of a 4,651
part of the land needed for highway purposes will result in 4,652
substantial damages to the residue by severance, controlled 4,653
access, or isolation. The warranty deed shall contain a 4,654
description of the property suitable for platting on tax maps. 4,655
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO 4,656
THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE 4,657
USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 4,658
5301.012 OF THE REVISED CODE.
The director, in the name of the state, may sell all the 4,660
112
right, title, and interest of the state in any part of land not 4,661
required for highway purposes, provided the director shall have 4,662
the parcel of land appraised by a department prequalified 4,663
appraiser. 4,664
Except as otherwise provided in this section, the director 4,666
shall advertise the sale of land not required for highway 4,668
purposes in a newspaper of general circulation in the county in 4,669
which the land is situated for at least two consecutive weeks
prior to the date set for the sale. The land may be sold at 4,671
public auction to the highest bidder for not less than two-thirds 4,672
of its appraised value, but the director may reject all bids that 4,673
are less than the full appraised value of the land. 4,675
If, however, land not required for highway purposes is 4,677
appraised as having a current fair market value of five thousand 4,679
dollars or less, the director may sell the land to the sole 4,680
abutting owner through a private sale at a price not less than 4,681
its appraised value. If there is more than one abutting owner, 4,682
the director may invite all of the abutting owners to submit 4,683
sealed bids and may sell the land to the highest bidder at not 4,684
less than its appraised value.
All expense incurred in the sale of each parcel of land 4,686
shall be paid out of the proceeds of the sale and the balance 4,687
shall be deposited in the highway fund from which the purchase 4,688
was made. 4,689
The deed to the purchaser of land under this section shall 4,692
be prepared by the auditor of state, executed by the governor,
countersigned by the secretary of state, and shall bear the great 4,694
seal of the state.
Sec. 5503.02. (A) The state highway patrol shall enforce 4,704
the laws of the state relating to the titling, registration, and 4,705
licensing of motor vehicles; enforce on all roads and highways, 4,706
notwithstanding section 4513.39 of the Revised Code, the laws 4,707
relating to the operation and use of vehicles on the highways; 4,708
enforce and prevent the violation of the laws relating to the 4,709
113
size, weight, and speed of commercial motor vehicles and all laws 4,710
designed for the protection of the highway pavements and 4,711
structures on the highways; investigate and enforce rules and 4,712
laws of the public utilities commission governing the 4,713
transportation of persons and property by motor carriers and 4,714
report violations of such rules and laws to the commission; 4,715
enforce against any motor transportation company as defined in 4,716
section 4921.02 of the Revised Code, any contract carrier by 4,717
motor vehicle as defined in section 4923.02 of the Revised Code, 4,718
any private motor carrier as defined in section 4923.20 of the 4,719
Revised Code, and any motor carrier as defined in section 4919.75 4,720
of the Revised Code those rules and laws that, if violated, may 4,721
result in a forfeiture as provided in section 4905.83, 4919.99, 4,722
4921.99, or 4923.99 of the Revised Code; investigate and report 4,724
violations of all laws relating to the collection of excise taxes 4,725
on motor vehicle fuels; and regulate the movement of traffic on 4,726
the roads and highways of the state, notwithstanding section 4,727
4513.39 of the Revised Code. 4,728
The patrol, whenever possible, shall determine the identity 4,730
of the persons who are causing or who are responsible for the 4,731
breaking, damaging, or destruction of any improved surfaced 4,732
roadway, structure, sign, marker, guardrail, or other 4,733
appurtenance constructed or maintained by the department of 4,734
transportation and shall arrest the persons who are responsible 4,735
for the breaking, damaging, or destruction and bring them before 4,736
the proper officials for prosecution. 4,737
State highway patrol troopers shall investigate and report 4,739
all motor vehicle accidents on all roads and highways outside of 4,740
municipal corporations. The superintendent of the patrol or any 4,741
state highway patrol trooper may arrest, without a warrant, any 4,742
person, who is the driver of or a passenger in any vehicle 4,743
operated or standing on a state highway, whom the superintendent 4,744
or trooper has reasonable cause to believe is guilty of a felony, 4,746
under the same circumstances and with the same power that any 4,747
114
peace officer may make such an arrest. 4,748
The superintendent or any state highway patrol trooper may 4,750
enforce the criminal laws on all state properties and state 4,751
institutions, owned or leased by the state, and, when so ordered 4,752
by the governor in the event of riot, civil disorder, or 4,753
insurrection, may, pursuant to sections 2935.03 to 2935.05 of the 4,754
Revised Code, arrest offenders against the criminal laws wherever 4,755
they may be found within the state if the violations occurred 4,756
upon, or resulted in injury to person or property on, state 4,757
properties or state institutions, or under the conditions 4,758
described in division (B) of this section. 4,759
(B) In the event of riot, civil disorder, or insurrection, 4,761
or the reasonable threat of riot, civil disorder, or 4,762
insurrection, and upon request, as provided in this section, of 4,763
the sheriff of a county or the mayor or other chief executive of 4,764
a municipal corporation, the governor may order the state highway 4,765
patrol to enforce the criminal laws within the area threatened by 4,766
riot, civil disorder, or insurrection, as designated by the 4,767
governor, upon finding that law enforcement agencies within the 4,768
counties involved will not be reasonably capable of controlling 4,769
the riot, civil disorder, or insurrection and that additional 4,770
assistance is necessary. In cities in which the sheriff is under 4,771
contract to provide exclusive police services pursuant to section 4,772
311.29 of the Revised Code, in villages, and in the 4,773
unincorporated areas of the county, the sheriff has exclusive 4,774
authority to request the use of the patrol. In cities in which 4,775
the sheriff does not exclusively provide police services, the 4,776
mayor, or other chief executive performing the duties of mayor, 4,777
has exclusive authority to request the use of the patrol. 4,778
The superintendent or any state highway patrol trooper may 4,780
enforce the criminal laws within the area designated by the 4,781
governor during the emergency arising out of the riot, civil 4,782
disorder, or insurrection until released by the governor upon 4,783
consultation with the requesting authority. State highway patrol 4,784
115
troopers shall never be used as peace officers in connection with 4,785
any strike or labor dispute. 4,786
When a request for the use of the patrol is made pursuant 4,788
to this division, the requesting authority shall notify the law 4,789
enforcement authorities in contiguous communities and the sheriff 4,790
of each county within which the threatened area, or any part of 4,791
the threatened area, lies of the request, but the failure to 4,792
notify the authorities or a sheriff shall not affect the validity 4,793
of the request. 4,794
(C) Any person who is arrested by the superintendent or a 4,796
state highway patrol trooper shall be taken before any court or 4,797
magistrate having jurisdiction of the offense with which the 4,798
person is charged. Any person who is arrested or apprehended 4,799
within the limits of a municipal corporation shall be brought 4,800
before the municipal court or other tribunal of the municipal 4,801
corporation. 4,802
(D)(1) State highway patrol troopers have the same right 4,804
and power of search and seizure as other peace officers. 4,805
No state official shall command, order, or direct any state 4,807
highway patrol trooper to perform any duty or service that is not 4,808
authorized by law. The powers and duties conferred on the patrol 4,809
are supplementary to, and in no way a limitation on, the powers 4,810
and duties of sheriffs or other peace officers of the state. 4,811
(2)(a) A state highway patrol trooper, pursuant to the 4,813
policy established by the superintendent of the state highway 4,814
patrol under division (D)(2)(b) of this section, may render 4,815
emergency assistance to any other peace officer who has arrest 4,816
authority under section 2935.03 of the Revised Code, if both of 4,817
the following apply: 4,818
(i) There is a threat of imminent physical danger to the 4,820
peace officer, a threat of physical harm to another person, or 4,821
any other serious emergency situation; 4,822
(ii) Either the peace officer requests emergency 4,824
assistance or it appears that the peace officer is unable to 4,825
116
request emergency assistance and the circumstances observed by 4,826
the state highway patrol trooper reasonably indicate that 4,827
emergency assistance is appropriate. 4,828
(b) The superintendent of the state highway patrol shall 4,830
establish, within sixty days of August 8, 1991, a policy that 4,831
sets forth the manner and procedures by which a state highway 4,832
patrol trooper may render emergency assistance to any other peace 4,833
officer under division (D)(2)(a) of this section. The policy 4,834
shall include a provision that a state highway patrol trooper 4,835
never be used as a peace officer in connection with any strike or 4,836
labor dispute. 4,837
(3)(a) A state highway patrol trooper who renders 4,839
emergency assistance to any other peace officer under the policy 4,840
established by the superintendent pursuant to division (D)(2)(b) 4,841
of this section shall be considered to be performing regular 4,842
employment for the purposes of compensation, pension, indemnity 4,843
fund rights, workers' compensation, and other rights or benefits 4,844
to which the trooper may be entitled as incident to regular 4,846
employment.
(b) A state highway patrol trooper who renders emergency 4,848
assistance to any other peace officer under the policy 4,849
established by the superintendent pursuant to division (D)(2)(b) 4,850
of this section retains personal immunity from liability as 4,851
specified in section 9.86 of the Revised Code. 4,852
(c) A state highway patrol trooper who renders emergency 4,854
assistance under the policy established by the superintendent 4,855
pursuant to division (D)(2)(b) of this section has the same 4,856
authority as the peace officer for or with whom he THE STATE 4,857
HIGHWAY PATROL TROOPER is providing emergency assistance. 4,859
(E)(1) Subject to the availability of funds specifically 4,861
appropriated by the general assembly for security detail 4,862
purposes, the state highway patrol shall provide security as 4,863
follows: 4,864
(a) For the governor; 4,866
117
(b) At the direction of the governor, for other officials 4,868
of the state government of this state; officials of the state 4,869
governments of other states who are visiting this state; 4,870
officials of the United States government who are visiting this 4,871
state; officials of the governments of foreign countries or their 4,872
political subdivisions who are visiting this state; or other 4,873
officials or dignitaries who are visiting this state, including, 4,874
but not limited to, members of trade missions; 4,875
(c) For the capitol square, as defined in section 105.41 4,878
of the Revised Code;
(d) For other state property. 4,880
(2) To carry out the security responsibilities of the 4,882
patrol listed in division (E)(1) of this section, the 4,883
superintendent may assign state highway patrol troopers to a 4,884
separate unit that is responsible for security details. The 4,885
number of troopers assigned to particular security details shall 4,886
be determined by the superintendent. 4,887
(3) The superintendent and any state highway patrol 4,889
trooper, when providing security pursuant to division (E)(1)(a) 4,890
or (b) of this section, have the same arrest powers as other 4,891
peace officers to apprehend offenders against the criminal laws 4,892
who endanger or threaten the security of any person being 4,893
protected, no matter where the offense occurs. 4,894
The superintendent, any state highway patrol trooper, and 4,896
any special police officer designated under section 5503.09 of 4,897
the Revised Code, when providing security pursuant to division 4,898
(E)(1)(c) of this section, shall enforce any rules governing 4,899
capitol square adopted by the capitol square review and advisory 4,900
board.
(F) The governor may order the state highway patrol to 4,902
undertake major criminal investigations that involve state 4,903
property interests. If an investigation undertaken pursuant to 4,904
this division results in either the issuance of a no bill or the 4,905
filing of an indictment, the superintendent shall file a complete 4,906
118
and accurate report of the investigation with the president of 4,907
the senate, the speaker of the house of representatives, the 4,908
minority leader of the senate, and the minority leader of the 4,909
house of representatives within fifteen days after the issuance 4,910
of the no bill or the filing of an indictment. If the 4,911
investigation does not have as its result any prosecutorial 4,912
action, the superintendent shall, upon reporting this fact to the 4,913
governor, file a complete and accurate report of the 4,914
investigation with the president of the senate, the speaker of 4,915
the house of representatives, the minority leader of the senate, 4,916
and the minority leader of the house of representatives. 4,917
(G) The superintendent may purchase or lease real property 4,919
and buildings needed by the patrol, negotiate the sale of real 4,920
property owned by the patrol, rent or lease real property owned 4,921
or leased by the patrol, and make or cause to be made repairs to 4,922
all property owned or under the control of the patrol. ANY 4,923
INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS
DIVISION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE 4,924
AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 4,925
OF THE REVISED CODE.
Sections 123.01 and 125.02 of the Revised Code do not limit 4,927
the powers granted to the superintendent by this division. 4,928
Sec. 5519.01. If the director of transportation is unable 4,937
to purchase property for any purpose related to highways, roads, 4,938
or bridges authorized by Chapters 5501., 5503., 5511., 5513., 4,939
5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528., 4,940
5529., 5531., 5533., and 5535. of the Revised Code, or, if the 4,941
Ohio rail development commission is unable to purchase property 4,942
for any purpose necessary for the implementation of rail service 4,944
under Chapter 4981. of the Revised Code, the director shall 4,945
issue, or the commission shall enter on the records of the 4,946
commission, a finding that it is necessary, for the public 4,947
convenience and welfare, to appropriate such property as the 4,948
director or commission considers needed for such purposes. The 4,949
119
finding shall contain a definite, accurate, and detailed 4,950
description of the property, and the name and place of residence, 4,952
if known or with reasonable diligence ascertainable, of the owner 4,953
of the property appropriated. The commission shall submit to the
director a copy of its record finding that the appropriation of 4,954
property is necessary. The commission shall not proceed with the 4,955
appropriation unless it is first approved by the director. 4,956
The director or commission, in such finding, shall fix what 4,958
the director or commission considers to be the value of such 4,959
property appropriated, together with damages to the residue, and 4,961
deposit the value thereof, together with the damages, with the 4,962
probate court or the court of common pleas of the county within 4,963
which the property, or a part thereof, is situated. The power to 4,964
appropriate property for any purpose authorized by such chapters 4,965
shall be exercised in the manner provided in sections 163.01 to 4,966
163.22 of the Revised Code.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 4,968
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 4,969
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 4,970
5301.012 OF THE REVISED CODE.
Sec. 5529.03. The director of transportation may acquire 4,979
by gift, purchase, or appropriation, any interest, estate, or 4,980
right in and to real property adjacent to highways of this state 4,981
as necessary for the restoration, preservation, and enhancement 4,982
of scenic beauty adjacent to said highways, or for the 4,983
establishment of publicly owned and controlled rest and 4,984
recreation areas and sanitary and other facilities within or 4,985
adjacent to the right-of-way of said highways to accommodate the 4,986
traveling public. Nothing in this section authorizes the 4,987
director to appropriate fee simple title to real property further 4,988
than three hundred feet from the nearest edge of the highway 4,989
right-of-way. 4,990
The director may convey or lease any such property adjacent 4,992
to the highway right-of-way to any person or entity in the manner 4,993
120
and subject to such reservations, conditions, covenants, or other 4,995
contractual arrangements as the director determines will not 4,996
substantially interfere with the scenic character or beauty of 4,997
the area traversed by the highway. 4,998
The director may employ consulting engineers and enter into 5,000
contracts for consulting engineering services with any qualified 5,001
person, firm, partnership, corporation, or association to prepare 5,002
plans and estimates and generally supervise the construction and 5,003
landscaping for scenic enhancement and roadside beautification 5,004
projects, and in the awarding of such contracts compliance with 5,005
sections 5501.17 and 5525.01 of the Revised Code is not required. 5,006
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 5,008
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 5,009
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 5,010
5301.012 OF THE REVISED CODE.
Sec. 5537.06. (A) The Ohio turnpike commission may 5,019
acquire by purchase, lease, lease-purchase, lease with option to 5,020
purchase, appropriation, or otherwise and in such manner and for 5,021
such consideration as it considers proper, any public or private 5,022
property necessary, convenient, or proper for the construction, 5,023
maintenance, or efficient operation of the Ohio turnpike system. 5,024
The commission may pledge net revenues, to the extent permitted 5,025
by this chapter with respect to bonds, to secure payments to be 5,026
made by the commission under any such lease, lease-purchase 5,027
agreement, or lease with option to purchase. Title to personal 5,028
property, and interests less than a fee in real property, shall 5,029
be held in the name of the commission. Title to real property 5,030
held in fee shall be held in the name of the state for the use of 5,031
the commission. In any proceedings for appropriation under this 5,032
section, the procedure to be followed shall be in accordance with 5,033
the procedure provided in sections 163.01 to 163.22 of the 5,034
Revised Code, including division (B) of section 163.06 of the 5,035
Revised Code notwithstanding the limitation in that division of 5,036
its applicability to roads open to the public without charge. 5,037
121
Except as otherwise agreed upon by the owner, full compensation 5,038
shall be paid for public property so taken. 5,039
(B) This section does not authorize the commission to take 5,041
or disturb property or facilities belonging to any public utility 5,042
or to a common carrier engaged in interstate commerce, which 5,043
property or facilities are required for the proper and convenient 5,044
operation of the public utility or common carrier, unless 5,045
provision is made for the restoration, relocation, replication, 5,046
or duplication of the property or facilities elsewhere at the 5,047
sole cost of the commission. 5,048
(C) Disposition of real property shall be by the 5,050
commission in the manner and for the consideration it determines 5,051
if to a state agency or other governmental agency, and otherwise 5,052
in the manner provided in section 5501.45 of the Revised Code for 5,053
the disposition of property by the director of transportation. 5,054
Disposition of personal property shall be in the manner and for 5,055
the consideration the commission determines. 5,056
(D) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 5,058
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 5,060
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 5,061
SECTION 5301.012 OF THE REVISED CODE.
Sec. 6121.04. The Ohio water development authority may do 5,070
any or all of the following: 5,071
(A) Adopt bylaws for the regulation of its affairs and the 5,073
conduct of its business; 5,074
(B) Adopt an official seal; 5,076
(C) Maintain a principal office and suboffices at places 5,078
within the state that it designates; 5,079
(D) Sue and plead in its own name, and be sued and 5,081
impleaded in its own name with respect to its contracts or torts 5,082
of its members, employees, or agents acting within the scope of 5,083
their employment, or to enforce its obligations and covenants 5,084
made under sections 6121.06, 6121.08, and 6121.13 of the Revised
Code. Any such actions against the authority shall be brought in 5,085
122
the court of common pleas of the county in which the principal 5,086
office of the authority is located or in the court of common 5,087
pleas of the county in which the cause of action arose, provided 5,088
that the county is located within this state, and all summonses, 5,089
exceptions, and notices of every kind shall be served on the
authority by leaving a copy thereof at the principal office with 5,090
the person in charge thereof or with the secretary-treasurer of 5,091
the authority.
(E) Make loans and grants to governmental agencies for the 5,093
acquisition or construction of water development projects by any 5,094
such governmental agency and adopt rules and procedures for 5,095
making such loans and grants;
(F) Acquire, construct, reconstruct, enlarge, improve, 5,097
furnish, equip, maintain, repair, operate, or lease or rent to, 5,098
or contract for operation by, a governmental agency or person, 5,099
water development projects, and establish rules for the use of 5,100
such projects;
(G) Make available the use or services of any water 5,102
development project to one or more persons, one or more 5,103
governmental agencies, or any combination thereof; 5,104
(H) Issue water development revenue bonds and notes and 5,106
water development revenue refunding bonds of the state, payable 5,107
solely from revenues as provided in section 6121.06 of the 5,108
Revised Code, unless the bonds are refunded by refunding bonds, 5,109
for the purpose of paying any part of the cost of one or more
water development projects or parts thereof; 5,110
(I) Acquire by gift or purchase, hold, and dispose of real 5,112
and personal property in the exercise of its powers and the 5,113
performance of its duties under this chapter; 5,114
(J) Acquire, in the name of the state, by purchase or 5,116
otherwise, on such terms and in such manner as it considers 5,117
proper, or by the exercise of the right of condemnation in the 5,118
manner provided by section 6121.18 of the Revised Code, such 5,119
public or private lands, including public parks, playgrounds, or
123
reservations, or parts thereof or rights therein, rights-of-way, 5,120
property, rights, easements, and interests as it considers 5,121
necessary for carrying out this chapter, but excluding the 5,122
acquisition by the exercise of the right of condemnation of any 5,123
waste water facility or water management facility owned by any 5,124
person or governmental agency, and compensation shall be paid for
public or private lands so taken, except that a government-owned 5,125
waste water facility may be appropriated in accordance with 5,126
section 6121.041 of the Revised Code;
(K) Adopt rules to protect augmented flow in waters of the 5,128
state, to the extent augmented by a water development project, 5,129
from depletion so it will be available for beneficial use, and to 5,130
provide standards for the withdrawal from waters of the state of 5,131
the augmented flow created by a water development project that is 5,132
not returned to the waters of the state so augmented and to
establish reasonable charges therefor if considered necessary by 5,133
the authority; 5,134
(L) Make and enter into all contracts and agreements and 5,136
execute all instruments necessary or incidental to the 5,137
performance of its duties and the execution of its powers under 5,138
this chapter in accordance with the following requirements: 5,139
(1) When the cost under any such contract or agreement, 5,141
other than compensation for personal services, involves an 5,142
expenditure of more than ten thousand dollars, the authority 5,143
shall make a written contract with the lowest responsive and 5,144
responsible bidder, in accordance with section 9.312 of the
Revised Code, after advertisement for not less than two 5,145
consecutive weeks in a newspaper of general circulation in 5,146
Franklin county, and in such other publications as the authority 5,147
determines, which shall state the general character of the work 5,148
and the general character of the materials to be furnished, the 5,149
place where plans and specifications therefor may be examined,
and the time and place of receiving bids, provided that a 5,150
contract or lease for the operation of a water development 5,151
124
project constructed and owned by the authority or an agreement 5,152
for cooperation in the acquisition or construction of a water 5,153
development project pursuant to section 6121.13 of the Revised
Code or any contract for the construction of a water development 5,154
project that is to be leased by the authority to, and operated 5,155
by, persons who are not governmental agencies and the cost of the 5,156
project is to be amortized exclusively from rentals or other 5,157
charges paid to the authority by persons who are not governmental 5,158
agencies is not subject to the foregoing requirements and the 5,159
authority may enter into such a contract or lease or such an
agreement pursuant to negotiation and upon such terms and 5,160
conditions and for such period as it finds to be reasonable and 5,161
proper in the circumstances and in the best interests of proper 5,162
operation or of efficient acquisition or construction of the 5,163
project.
(2) Each bid for a contract for the construction, 5,165
demolition, alteration, repair, or reconstruction of an 5,166
improvement shall contain the full name of every person 5,167
interested in it and shall meet the requirements of section
153.54 of the Revised Code. 5,168
(3) Each bid for a contract except as provided in division 5,170
(L)(2) of this section shall contain the full name of every 5,171
person or company interested in it and shall be accompanied by a 5,172
sufficient bond or certified check on a solvent bank that if the 5,173
bid is accepted, a contract will be entered into and the 5,174
performance thereof secured.
(4) The authority may reject any and all bids. 5,176
(5) A bond with good and sufficient surety, approved by 5,178
the authority, shall be required of every contractor awarded a 5,179
contract except as provided in division (L)(2) of this section, 5,180
in an amount equal to at least fifty per cent of the contract 5,181
price, conditioned upon the faithful performance of the contract. 5,182
(M) Employ managers, superintendents, and other employees 5,184
and retain or contract with consulting engineers, financial 5,185
125
consultants, accounting experts, architects, attorneys, and other 5,186
consultants and independent contractors as are necessary in its 5,187
judgment to carry out this chapter, and fix the compensation 5,188
thereof. All expenses thereof shall be payable solely from the
proceeds of water development revenue bonds or notes issued under 5,189
this chapter, from revenues, or from funds appropriated for that 5,190
purpose by the general assembly. 5,191
(N) Receive and accept from any federal agency, subject to 5,193
the approval of the governor, grants for or in aid of the 5,194
construction of any water development project or for research and 5,195
development with respect to waste water or water management 5,196
facilities, and receive and accept aid or contributions from any 5,197
source of money, property, labor, or other things of value, to be 5,198
held, used, and applied only for the purposes for which the
grants and contributions are made; 5,199
(O) Engage in research and development with respect to 5,201
waste water or water management facilities; 5,202
(P) Purchase fire and extended coverage and liability 5,204
insurance for any water development project and for the principal 5,205
office and suboffices of the authority, insurance protecting the 5,206
authority and its officers and employees against liability for 5,207
damage to property or injury to or death of persons arising from 5,208
its operations, and any other insurance the authority may agree
to provide under any resolution authorizing its water development 5,209
revenue bonds or in any trust agreement securing the same; 5,210
(Q) Charge, alter, and collect rentals and other charges 5,212
for the use or services of any water development project as 5,213
provided in section 6121.13 of the Revised Code; 5,214
(R) Provide coverage for its employees under sections 5,216
4123.01 to 4123.94, 4141.01 to 4141.46, and 145.01 to 145.58 of 5,217
the Revised Code;
(S) Assist in the implementation and administration of the 5,219
drinking water assistance fund and program created in section 5,220
6109.22 of the Revised Code and the water pollution control loan 5,221
126
fund and program created in section 6111.036 of the Revised Code, 5,222
including, without limitation, performing or providing fiscal 5,223
management for the funds and investing and disbursing moneys in
the funds, and enter into all necessary and appropriate 5,224
agreements with the director of environmental protection for 5,225
those purposes;
(T) Issue water development revenue bonds and notes of the 5,227
state in principal amounts that are necessary for the purpose of 5,228
raising moneys for the sole benefit of the water pollution 5,229
control loan fund created in section 6111.036 of the Revised 5,230
Code, including moneys to meet the requirement for providing
matching moneys under division (D) of that section. The bonds 5,231
and notes may be secured by appropriate trust agreements and 5,232
repaid from moneys credited to the fund from payments of 5,233
principal and interest on loans made from the fund, as provided 5,234
in division (F) of section 6111.036 of the Revised Code.
(U) Issue water development revenue bonds and notes of the 5,236
state in principal amounts that are necessary for the purpose of 5,237
raising moneys for the sole benefit of the drinking water 5,238
assistance fund created in section 6109.22 of the Revised Code, 5,239
including moneys to meet the requirement for providing matching 5,240
moneys under divisions (B) and (F) of that section. The bonds
and notes may be secured by appropriate trust agreements and 5,241
repaid from moneys credited to the fund from payments of 5,242
principal and interest on loans made from the fund, as provided 5,243
in division (F) of section 6109.22 of the Revised Code. 5,244
(V) Do all acts necessary or proper to carry out the 5,246
powers expressly granted in this chapter. 5,247
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 5,249
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 5,250
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 5,251
5301.012 OF THE REVISED CODE.
Sec. 6123.04. For the purposes of this chapter, the Ohio 5,260
water development authority may: 5,261
127
(A) Adopt bylaws for the regulation of its affairs and the 5,263
conduct of its business under this chapter; 5,264
(B) Sue and plead in its own name; be sued and impleaded 5,266
in its own name with respect to its contracts or torts of its 5,267
members, employees, or agents acting within the scope of their 5,268
employment, or to enforce its obligations and covenants made 5,269
under sections 6123.06, 6123.08, and 6123.13 of the Revised Code. 5,270
Any such actions against the authority shall be brought in the 5,271
court of common pleas of the county in which the principal office 5,272
of the authority is located, or in the court of common pleas of 5,273
the county in which the cause of action arose, provided such 5,274
county is located within this state, and all summonses, 5,275
exceptions, and notices of every kind shall be served on the 5,276
authority by leaving a copy thereof at the principal office with 5,277
the person in charge thereof or with the secretary-treasurer of 5,278
the authority. 5,279
(C) Make loans and grants to governmental agencies for the 5,281
acquisition or construction of development projects by any such 5,282
governmental agency and adopt rules and procedures for making 5,283
such loans and grants; 5,284
(D) Acquire, construct, reconstruct, enlarge, improve, 5,286
furnish, equip, maintain, repair, operate, lease or rent to, or 5,287
contract for operation by, a person or governmental agency, 5,288
development projects, and establish rules for the use of such 5,289
projects; 5,290
(E) Make available the use or services of any development 5,292
project to one or more persons, one or more governmental 5,293
agencies, or any combination thereof; 5,294
(F) Issue development revenue bonds and notes and 5,296
development revenue refunding bonds of the state, payable solely 5,297
from revenues as provided in section 6123.06 of the Revised Code, 5,298
unless the bonds be refunded by refunding bonds, for the purpose 5,299
of paying any part of the cost of one or more development 5,300
projects or parts thereof; 5,301
128
(G) Acquire by gift or purchase, hold, and dispose of real 5,303
and personal property in the exercise of the powers of the 5,304
authority and the performance of its duties under this chapter; 5,305
(H) Acquire, in the name of the state, by purchase or 5,307
otherwise, on such terms and in such manner as the authority 5,308
determines proper, public or private lands, or parts thereof or 5,309
rights therein, rights-of-way, property, rights, easements, and 5,310
interests as it finds necessary for carrying out this chapter; 5,311
and compensation shall be paid for public or private lands so 5,312
taken; 5,313
(I) Make and enter into all contracts and agreements and 5,315
execute all instruments necessary or incidental to the 5,316
performance of its duties and the execution of its powers under 5,317
this chapter: 5,318
(1) When the cost under any such contract or agreement, 5,320
other than compensation for personal services, involves an 5,321
expenditure of more than two thousand dollars, the authority 5,322
shall make a written contract with the lowest responsive and 5,323
responsible bidder, in accordance with section 9.312 of the 5,324
Revised Code, after advertisement for not less than two 5,325
consecutive weeks in a newspaper of general circulation in 5,326
Franklin county, and in such other publications as the authority 5,327
determines, such notice shall state the general character of the 5,328
work and materials to be furnished, the place where plans and 5,329
specifications therefor may be examined, and the time and place 5,330
of receiving bids. Provided, that a contract or lease for the 5,331
operation of a development project constructed and owned by the 5,332
authority or an agreement for cooperation in the acquisition or 5,333
construction of a development project pursuant to section 6123.13 5,334
of the Revised Code or any contract for the construction of a 5,335
development project that is to be leased by the authority to, and 5,336
operated by, persons who are not governmental agencies and the 5,337
cost of such project is to be amortized exclusively from rentals 5,338
or other charges paid to the authority by persons who are not 5,339
129
governmental agencies or by governmental agencies that receive 5,340
the use or services of such project, including governmental 5,341
agencies that are parties to an agreement for cooperation in the 5,342
acquisition or construction of such development project pursuant 5,343
to section 6123.13 of the Revised Code, is not subject to the 5,344
foregoing requirements and the authority may enter into such 5,345
contract or lease or such agreement pursuant to negotiation and 5,346
upon such terms and conditions and for such period as it finds to 5,347
be reasonable and proper in the circumstances and in the best 5,348
interests of proper operation or of efficient acquisition or 5,349
construction of such project. 5,350
(2) Each bid for a contract for the construction, 5,352
demolition, alteration, repair, or reconstruction of an 5,353
improvement shall contain the full name of every person 5,354
interested in it and who meets the requirements of section 153.54 5,355
of the Revised Code. 5,356
(3) Each bid for a contract, except as provided in 5,358
division (I)(2) of this section, shall contain the full name of 5,359
every person or company interested in it and shall be accompanied 5,360
by a sufficient bond or certified check on a solvent bank that if 5,361
the bid is accepted a contract will be entered into and the 5,362
performance thereof secured. 5,363
(4) The authority may reject any and all bids. 5,365
(5) A bond with good and sufficient surety, approved by 5,367
the authority, shall be required of every contractor awarded a 5,368
contract except as provided in division (I)(2) of this section, 5,369
in an amount equal to at least fifty per cent of the contract 5,370
price, conditioned upon the faithful performance of the contract. 5,371
(J) Employ managers, superintendents, and other employees 5,373
and retain or contract with consulting engineers, financial 5,374
consultants, accounting experts, architects, attorneys, and such 5,375
other consultants and independent contractors as are necessary in 5,376
its judgment to carry out this chapter, and fix the compensation 5,377
thereof. All expenses thereof shall be payable solely from the 5,378
130
proceeds of development revenue bonds or notes issued under this 5,379
chapter, from revenues, or from funds appropriated for such 5,380
purpose by the general assembly. 5,381
(K) Receive and accept from any federal agency, subject to 5,383
the approval of the governor, grants for or in aid of the 5,384
construction of any development project or for research and 5,385
development with respect to solid waste facilities or energy 5,386
resource development facilities, and receive and accept aid or 5,387
contributions from any source of money, property, labor, or other 5,388
things of value, to be held, used, and applied only for the 5,389
purposes for which such grants and contributions are made; 5,390
(L) Engage in research and development with respect to 5,392
solid waste facilities or energy resource development facilities; 5,393
(M) Purchase fire and extended coverage and liability 5,395
insurance for any development project and for the principal 5,396
office and sub-offices of the authority, insurance protecting the 5,397
authority and its officers and employees against liability for 5,398
damage to property or injury to or death of persons arising from 5,399
its operations, and any other insurance the authority may agree 5,400
to provide under any resolution authorizing its development 5,401
revenue bonds or in any trust agreement securing the same; 5,402
(N) Charge, alter, and collect rentals and other charges 5,404
for the use or services of any development project as provided in 5,405
section 6123.13 of the Revised Code; 5,406
(O) Provide coverage for its employees under Chapters 5,408
145., 4123., and 4141. of the Revised Code; 5,409
(P) Do all acts necessary or proper to carry out the 5,411
powers expressly granted in this chapter. 5,412
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 5,414
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 5,415
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 5,416
5301.012 OF THE REVISED CODE.
Sec. 6161.011. ANY INSTRUMENT BY WHICH REAL PROPERTY IS 5,418
ACQUIRED PURSUANT TO SECTION 6161.01 OF THE REVISED CODE SHALL 5,419
131
IDENTIFY ANY AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF 5,420
THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED 5,421
CODE.
Section 2. That existing sections 9.20, 123.01, 123.04, 5,423
125.84, 149.302, 152.08, 152.21, 154.06, 154.16, 154.21, 154.22, 5,424
154.23, 163.02, 165.02, 175.04, 319.201, 901.63, 902.03, 991.07, 5,425
1501.01, 1515.08, 1517.17, 1519.02, 1523.01, 1551.12, 3354.09, 5,426
3354.13, 3355.06, 3355.10, 3357.09, 3357.12, 3358.08, 3375.40, 5,427
3377.04, 3377.14, 3706.04, 3747.06, 3747.14, 3793.031, 4582.06, 5,428
4582.31, 4981.14, 4981.32, 5119.37, 5120.46, 5123.22, 5501.32, 5,429
5503.02, 5519.01, 5529.03, 5537.06, 6121.04, and 6123.04 of the 5,431
Revised Code are hereby repealed.
Section 3. Section 123.01 of the Revised Code is presented 5,433
in this act as a composite of the section as amended by Am. Sub. 5,435
H.B. 117, Am. Sub. S.B. 99, and Am. Sub. S.B. 162 of the 121st
General Assembly, with the new language of none of the acts shown 5,437
in capital letters. Section 1515.08 of the Revised Code is 5,438
presented in this act as a composite of the section as amended by 5,439
both Am. Sub. S.B. 73 and Am. Sub. S.B. 182 of the 120th General 5,440
Assembly, with the new language of neither of the acts shown in 5,442
capital letters. Section 5503.02 of the Revised Code is 5,443
presented in this act as a composite of the section as amended by 5,444
both Am. Sub. H.B. 117 and Am. S.B. 34 of the 121st General 5,445
Assembly, with the new language of neither of the acts shown in 5,447
capital letters. This is in recognition of the principle stated 5,448
in division (B) of section 1.52 of the Revised Code that such 5,449
amendments are to be harmonized where not substantively 5,450
irreconcilable and constitutes a legislative finding that such is 5,451
the resulting version in effect prior to the effective date of 5,452
this act.