As Reported by House State Government Committee 1
123rd General Assembly 5
Regular Session Sub. H. B. No. 19 6
1999-2000 7
REPRESENTATIVES SCHULER-PADGETT-BRITTON-CLANCY-JONES- 9
KREBS-TERWILLEGER-WILLAMOWSKI-TAYLOR-AMSTUTZ-MOTTLEY 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, 1545.12, 1551.12, 16
3354.09, 3354.13, 3355.06, 3355.10, 3357.09, 17
3357.12, 3358.08, 3375.40, 3377.04, 3377.14, 18
3706.04, 3747.06, 3747.14, 3793.031, 4582.06, 19
4582.31, 4981.14, 4981.32, 5119.37, 5120.46, 20
5123.22, 5501.32, 5503.02, 5519.01, 5529.03, 22
5537.06, 6121.04, and 6123.04 and to enact 23
sections 121.181, 1514.301, 3301.481, 3375.831, 24
5301.012, and 6161.011 of the Revised Code to 26
require that any instrument by which the state or 27
an agency of the state acquires an interest in 28
real property shall identify the agency for whose 30
use and benefit the real property is acquired and 32
to authorize the board of park commissioners of a 33
metropolitan park district to sell park lands for
conservation uses or for park or recreation 34
purposes, in accordance with specified 35
procedures, to the state, a park district or
other political subdivision of the state, or the 36
federal government.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 38
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Section 1. That sections 9.20, 123.01, 123.04, 125.84, 40
149.302, 152.08, 152.21, 154.06, 154.16, 154.21, 154.22, 154.23, 41
163.02, 165.02, 175.04, 319.201, 901.63, 902.03, 991.07, 1501.01, 42
1515.08, 1517.17, 1519.02, 1523.01, 1545.12, 1551.12, 3354.09, 43
3354.13, 3355.06, 3355.10, 3357.09, 3357.12, 3358.08, 3375.40, 44
3377.04, 3377.14, 3706.04, 3747.06, 3747.14, 3793.031, 4582.06, 45
4582.31, 4981.14, 4981.32, 5119.37, 5120.46, 5123.22, 5501.32, 46
5503.02, 5519.01, 5529.03, 5537.06, 6121.04, and 6123.04 be 47
amended and sections 121.181, 1514.301, 3301.481, 3375.831, 48
5301.012, and 6161.011 of the Revised Code be enacted to read as 49
follows:
Sec. 9.20. The state; a county, a township, or a cemetery 58
association or the commissioners or trustees of a county, 59
township, or cemetery association; a municipal corporation or the 60
legislative authority, a board, or other officers of a municipal 61
corporation; and a benevolent, educational, or correctional
institution, wholly or in part under the control of the state, or 62
the board of directors, trustees, or other officers of the 63
institution may receive by gift, devise, or bequest moneys, 64
lands, or other properties, for their benefit or the benefit of 65
any of those under their charge and may hold and apply the
moneys, lands, or properties according to the terms of the gift, 66
devise, or bequest. The gifts or devises of real estate may be 67
in fee simple or of any lesser estate and may be subject to any 68
reasonable reservation. This section does not affect the 69
statutory provisions as to devises or bequests for such purposes. 70
ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE STATE 72
ACQUIRES REAL PROPERTY PURSUANT TO THIS SECTION SHALL IDENTIFY 73
THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE REAL 74
PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED CODE. 75
Sec. 121.181. ANY INSTRUMENT BY WHICH A DEPARTMENT 77
ACQUIRES AN INTEREST IN REAL PROPERTY, INCLUDING ANY DEED, 78
TRANSFER, GRANT, RESERVATION, AGREEMENT CREATING AN EASEMENT, OR 79
LEASE, SHALL IDENTIFY THE DEPARTMENT FOR WHOSE USE AND BENEFIT 80
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THE INTEREST IN REAL PROPERTY IS ACQUIRED, AS SPECIFIED IN 81
SECTION 5301.012 OF THE REVISED CODE.
Sec. 123.01. (A) The department of administrative 92
services, in addition to those powers enumerated in Chapters 124. 93
and 125. of the Revised Code, and as provided elsewhere by law, 94
shall exercise the following powers: 95
(1) To prepare, or contract to be prepared, by licensed 97
engineers or architects, surveys, general and detailed plans, 98
specifications, bills of materials, and estimates of cost for any 99
projects, improvements, or public buildings to be constructed by 100
state agencies that may be authorized by legislative 101
appropriations or any other funds made available therefor, 102
provided that the construction of the projects, improvements, or 103
public buildings is a statutory duty of the department. This 104
section does not require the independent employment of an 105
architect or engineer as provided by section 153.01 of the 106
Revised Code in the cases to which that section applies nor 107
affect or alter the existing powers of the director of 108
transportation. 109
(2) To have general supervision over the construction of 111
any projects, improvements, or public buildings constructed for a 112
state agency and over the inspection of materials previous to 113
their incorporation into those projects, improvements, or 114
buildings; 115
(3) To make contracts for and supervise the construction 117
of any projects and improvements or the construction and repair 118
of buildings under the control of a state agency, except 119
contracts for the repair of buildings under the management and 120
control of the departments of public safety, human services, 121
mental health, mental retardation and developmental disabilities, 122
rehabilitation and correction, and youth services, the bureau of 123
workers' compensation, the bureau of employment services, the 124
rehabilitation services commission, and boards of trustees of 125
educational and benevolent institutions. These contracts shall 126
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be made and entered into by the directors of public safety, human 127
services, mental health, mental retardation and developmental 128
disabilities, rehabilitation and correction, and youth services, 129
the administrator of workers' compensation, the administrator of 130
the bureau of employment services, the rehabilitation services 131
commission, and the boards of trustees of such institutions, 132
respectively. All such contracts may be in whole or in part on 133
unit price basis of maximum estimated cost, with payment computed 134
and made upon actual quantities or units. 135
(4) To prepare and suggest comprehensive plans for the 137
development of grounds and buildings under the control of a state 138
agency; 139
(5) To acquire, by purchase, gift, devise, lease, or 141
grant, all real estate required by a state agency, in the 142
exercise of which power the department may exercise the power of 143
eminent domain, in the manner provided by sections 163.01 to 144
163.22 of the Revised Code; 145
(6) To make and provide all plans, specifications, and 147
models for the construction and perfection of all systems of 148
sewerage, drainage, and plumbing for the state in connection with 149
buildings and grounds under the control of a state agency; 150
(7) To erect, supervise, and maintain all public monuments 152
and memorials erected by the state, except where the supervision 153
and maintenance is otherwise provided by law; 154
(8) To procure, by lease, storage accommodations for a 156
state agency; 157
(9) To lease or grant easements or licenses for 159
unproductive and unused lands or other property under the control 160
of a state agency. Such leases, easements, or licenses shall be 161
granted for a period not to exceed fifteen years and shall be 162
executed for the state by the director of administrative services 163
and the governor and shall be approved as to form by the attorney 164
general, provided that leases, easements, or licenses may be 165
granted to any county, township, municipal corporation, port 166
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authority, water or sewer district, school district, library 167
district, health district, park district, soil and water 168
conservation district, conservancy district, or other political 169
subdivision or taxing district, or any agency of the United 170
States government, for the exclusive use of that agency, 171
political subdivision, or taxing district, without any right of 172
sublease or assignment, for a period not to exceed fifteen years, 173
and provided that the director shall grant leases, easements, or 174
licenses of university land for periods not to exceed twenty-five 175
years for purposes approved by the respective university's board 176
of trustees wherein the uses are compatible with the uses and 177
needs of the university and may grant leases of university land 178
for periods not to exceed forty years for purposes approved by 179
the respective university's board of trustees pursuant to section 180
123.77 of the Revised Code. 181
(10) To lease office space in buildings for the use of a 183
state agency; 184
(11) To have general supervision and care of the 186
storerooms, offices, and buildings leased for the use of a state 187
agency; 188
(12) To exercise general custodial care of all real 190
property of the state; 191
(13) To assign and group together state offices in any 193
city in the state and to establish, in cooperation with the state 194
agencies involved, rules governing space requirements for office 195
or storage use; 196
(14) To lease for a period not to exceed forty years, 198
pursuant to a contract providing for the construction thereof 199
under a lease-purchase plan, buildings, structures, and other 200
improvements for any public purpose, and, in conjunction 201
therewith, to grant leases, easements, or licenses for lands 202
under the control of a state agency for a period not to exceed 203
forty years. The lease-purchase plan shall provide that at the 204
end of the lease period, the buildings, structures, and related 205
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improvements, together with the land on which they are situated, 206
shall become the property of the state without cost. 207
(a) Whenever any building, structure, or other improvement 209
is to be so leased by a state agency, the department shall retain 210
either basic plans, specifications, bills of materials, and 211
estimates of cost with sufficient detail to afford bidders all 212
needed information or, alternatively, all of the following plans, 213
details, bills of materials, and specifications: 214
(i) Full and accurate plans suitable for the use of 216
mechanics and other builders in the improvement; 217
(ii) Details to scale and full sized, so drawn and 219
represented as to be easily understood; 220
(iii) Accurate bills showing the exact quantity of 222
different kinds of material necessary to the construction; 223
(iv) Definite and complete specifications of the work to 225
be performed, together with such directions as will enable a 226
competent mechanic or other builder to carry them out and afford 227
bidders all needed information; 228
(v) A full and accurate estimate of each item of expense 230
and of the aggregate cost thereof. 231
(b) The department shall give public notice, in such 233
newspaper, in such form, and with such phraseology as the 234
director of administrative services prescribes, published once 235
each week for four consecutive weeks, of the time when and place 236
where bids will be received for entering into an agreement to 237
lease to a state agency a building, structure, or other 238
improvement. The last publication shall be at least eight days 239
preceding the day for opening the bids. The bids shall contain 240
the terms upon which the builder would propose to lease the 241
building, structure, or other improvement to the state agency. 242
The form of the bid approved by the department shall be used, and 243
a bid is invalid and shall not be considered unless that form is 244
used without change, alteration, or addition. Before submitting 245
bids pursuant to this section, any builder shall comply with 246
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Chapter 153. of the Revised Code. 247
(c) On the day and at the place named for receiving bids 249
for entering into lease agreements with a state agency, the 250
director of administrative services shall open the bids and shall 251
publicly proceed immediately to tabulate the bids upon duplicate 252
sheets. No lease agreement shall be entered into until the 253
bureau of workers' compensation has certified that the person to 254
be awarded the lease agreement has complied with Chapter 4123. of 255
the Revised Code, until, if the builder submitting the lowest and 256
best bid is a foreign corporation, the secretary of state has 257
certified that the corporation is authorized to do business in 258
this state, until, if the builder submitting the lowest and best 259
bid is a person nonresident of this state, the person has filed 260
with the secretary of state a power of attorney designating the 261
secretary of state as its agent for the purpose of accepting 262
service of summons in any action brought under Chapter 4123. of 263
the Revised Code, and until the agreement is submitted to the 264
attorney general and the attorney general's approval is certified 265
thereon. Within thirty days after the day on which the bids are 267
received, the department shall investigate the bids received and 268
shall determine that the bureau and the secretary of state have 269
made the certifications required by this section of the builder 270
who has submitted the lowest and best bid. Within ten days of 271
the completion of the investigation of the bids, the department 272
shall award the lease agreement to the builder who has submitted 273
the lowest and best bid and who has been certified by the bureau 274
and secretary of state as required by this section. If bidding 275
for the lease agreement has been conducted upon the basis of 276
basic plans, specifications, bills of materials, and estimates of 277
costs, upon the award to the builder the department, or the 278
builder with the approval of the department, shall appoint an 279
architect or engineer licensed in this state to prepare such 280
further detailed plans, specifications, and bills of materials as 281
are required to construct the building, structure, or 282
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improvement. The department shall adopt such rules as are 283
necessary to give effect to this section. The department may 284
reject any bid. Where there is reason to believe there is 285
collusion or combination among bidders, the bids of those 286
concerned therein shall be rejected. 287
(15) To acquire by purchase, gift, devise, or grant and to 289
transfer, lease, or otherwise dispose of all real property 290
required to assist in the development of a conversion facility as 291
defined in section 5709.30 of the Revised Code; 292
(16) To lease for a period not to exceed forty years, 294
notwithstanding any other division of this section, the 295
state-owned property located at 408-450 East Town Street, 296
Columbus, Ohio, formerly the state school for the deaf, to a 297
developer in accordance with this section. "Developer," as used 298
in this section, has the same meaning as in section 123.77 of the 299
Revised Code. 300
Such a lease shall be for the purpose of development of the 302
land for use by senior citizens by constructing, altering, 303
renovating, repairing, expanding, and improving the site as it 304
existed on June 25, 1982. A developer desiring to lease the land 305
shall prepare for submission to the department a plan for 306
development. Plans shall include provisions for roads, sewers, 307
water lines, waste disposal, water supply, and similar matters to 308
meet the requirements of state and local laws. The plans shall 309
also include provision for protection of the property by 310
insurance or otherwise, and plans for financing the development, 311
and shall set forth details of the developer's financial 312
responsibility. 313
The department may employ, as employees or consultants, 315
persons needed to assist in reviewing the development plans. 316
Those persons may include attorneys, financial experts, 317
engineers, and other necessary experts. The department shall 318
review the development plans and may enter into a lease if it 319
finds all of the following: 320
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(a) The best interests of the state will be promoted by 322
entering into a lease with the developer; 323
(b) The development plans are satisfactory; 325
(c) The developer has established the developer's 327
financial responsibility and satisfactory plans for financing the 328
development. 329
The lease shall contain a provision that construction or 331
renovation of the buildings, roads, structures, and other 332
necessary facilities shall begin within one year after the date 333
of the lease and shall proceed according to a schedule agreed to 334
between the department and the developer or the lease will be 335
terminated. The lease shall contain such conditions and 336
stipulations as the director considers necessary to preserve the 337
best interest of the state. Moneys received by the state 338
pursuant to this lease shall be paid into the general revenue 339
fund. The lease shall provide that at the end of the lease 340
period the buildings, structures, and related improvements shall 341
become the property of the state without cost. 342
(17) To lease to any person any tract of land owned by the 344
state and under the control of the department, or any part of 345
such a tract, for the purpose of drilling for or the pooling of 346
oil or gas. Such a lease shall be granted for a period not 347
exceeding forty years, with the full power to contract for, 348
determine the conditions governing, and specify the amount the 349
state shall receive for the purposes specified in the lease, and 350
shall be prepared as in other cases. 351
(B) This section and section 125.02 of the Revised Code 353
shall not interfere with any of the following: 354
(1) The power of the adjutant general to purchase military 356
supplies, or with the custody of the adjutant general of property 357
leased, purchased, or constructed by the state and used for 358
military purposes, or with the functions of the adjutant general 359
as director of state armories; 360
(2) The power of the director of transportation in 362
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acquiring rights-of-way for the state highway system, or the 363
leasing of lands for division or resident district offices, or 364
the leasing of lands or buildings required in the maintenance 365
operations of the department of transportation, or the purchase 366
of real property for garage sites or division or resident 368
district offices, or in preparing plans and specifications for 369
and constructing such buildings as the director may require in 370
the administration of the department; 371
(3) The power of the director of public safety and the 373
registrar of motor vehicles to purchase or lease real property 374
and buildings to be used solely as locations to which a deputy 375
registrar is assigned pursuant to division (B) of section 376
4507.011 of the Revised Code and from which the deputy registrar 377
is to conduct the deputy registrar's business, the power of the 378
director of public safety to purchase or lease real property and 379
buildings to be used as locations for division or district 380
offices as required in the maintenance of operations of the 381
department of public safety, and the power of the superintendent 382
of the state highway patrol in the purchase or leasing of real 383
property and buildings needed by the patrol, to negotiate the 384
sale of real property owned by the patrol, to rent or lease real 385
property owned or leased by the patrol, and to make or cause to 386
be made repairs to all property owned or under the control of the 387
patrol;
(4) The power of the division of liquor control in the 389
leasing or purchasing of retail outlets and warehouse facilities 390
for the use of the division; 391
(5) The power of the director of development to enter into 393
leases of real property, buildings, and office space to be used 394
solely as locations for the state's foreign offices to carry out 395
the purposes of section 122.05 of the Revised Code. 396
(C) Purchases for, and the custody and repair of, 398
buildings under the management and control of the capitol square 399
review and advisory board, the rehabilitation services 400
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commission, the bureau of employment services, the bureau of 401
workers' compensation, or the departments of public safety, human 403
services, mental health, mental retardation and developmental 404
disabilities, and rehabilitation and correction, and buildings of 405
educational and benevolent institutions under the management and 406
control of boards of trustees, are not subject to the control and 407
jurisdiction of the department of administrative services. 408
(D) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 410
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 412
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 413
SECTION 5301.012 OF THE REVISED CODE.
Sec. 123.04. The director of administrative services shall 422
be appointed superintendent of public works and shall have the 423
care and control of the public works of the state except as 424
provided in section 1521.08 of the Revised Code and shall 425
protect, maintain, and keep them in repair.
Subject to the approval of the governor, the director may 427
purchase on behalf of the state such real or personal property, 428
rights, or privileges as are necessary, in his THE DIRECTOR'S 429
judgment, to acquire in the maintenance of the public works or 431
their improvement.
ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE STATE 433
ACQUIRES REAL PROPERTY PURSUANT TO THIS SECTION SHALL IDENTIFY 434
THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE REAL 435
PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED CODE. 436
Sec. 125.84. In conformance with the "Federal Property and 445
Administrative Services Act of 1949 (,"63 Stat. 377), as 447
amended," similar or related federal property disposal acts of
congress, and sections 125.84 to 125.90 of the Revised Code, the 448
department of administrative services may acquire, warehouse, 449
distribute, transfer, retransfer, recapture, revert, and dispose 450
of federal personal property and shall assist in the acquisition, 451
conveyance, reconveyance, recapture, reversion, and disposal of 452
federal real and related personal property, not required for the 453
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needs and the discharge of the responsibilities of all federal 454
departments, agencies, boards, and commissions, for the purpose 455
of making such property available for use to eligible state civil 456
defense, health, and educational institutions and organizations; 457
state departments, agencies, boards, and commissions; bodies 458
politic and corporate, political subdivisions, or other district, 459
regional, or similar authorities established by or pursuant to 460
law; duly authorized local tax-supported civil defense 461
organizations; local tax-supported health and educational 462
institutions; local tax-supported institutions and organizations; 463
private nonprofit federally tax-exempt health and educational 464
institutions and organizations in the state; private nonprofit 465
federally tax-exempt institutions, organizations, and activities 466
in the state; and to such other institutions, organizations, or 467
activities in the state as may hereafter become eligible to 468
receive such property. 469
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 471
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 472
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 473
5301.012 OF THE REVISED CODE.
Sec. 149.302. (A) The Ohio historical society, in 482
addition to its other functions, shall establish a museum in the 483
vicinity of Wilberforce to be known as the national museum of 484
Afro-American history and culture. For this purpose the society 485
may accept donations of money, property, and personal services, 486
apply for and receive federal assistance, acquire real property 487
or any estate, right, or interest therein, construct buildings, 488
access roads, parking areas, and other appropriate facilities for 489
museum visitors, and exercise any powers incidental to such 490
purpose. The society shall establish the museum in consultation 491
with the national museum of Afro-American history and culture 492
planning committee established in section 149.303 of the Revised 494
Code. The society shall consult with the committee before 495
selecting a museum site and before acquiring or accepting any
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real property for such purpose. It shall consult with the 496
committee on the design, plans, and specifications for the 497
construction or modification of any buildings and other museum 498
visitation facilities. The society, in cooperation and 499
consultation with the committee, shall establish an acquisition 500
policy for the museum. 501
Donations of money received under this section shall be 503
placed in a separate fund within the accounts of the Ohio 504
historical society to be used solely for the necessary expenses 505
of the society incurred in the performance of its duties under 506
this section. 507
(B) After the Ohio historical society establishes the 509
national museum of Afro-American history and culture, the society 510
shall convey title to the museum and its contents to a private, 511
nonprofit organization which shall operate and maintain the 512
museum. The society shall determine the conditions of the 513
conveyance, and the conveyance and the conditions of the 514
conveyance are subject to approval by the national museum of 515
Afro-American history and culture planning committee. The 516
society shall operate and maintain the museum until the museum 517
and its contents are conveyed as provided in this section. Any 518
historical items or artifacts donated to the society, or to the 519
private, nonprofit organization to which the society has conveyed 520
the museum and its contents, for placement in the museum, shall 521
remain at the museum as part of its permanent collection. The 522
organization to which the society has conveyed the museum and its 523
contents shall consult with the committee concerning the 524
operation and maintenance of the museum. 525
(C) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 527
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 529
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 530
SECTION 5301.012 OF THE REVISED CODE.
Sec. 152.08. (A) The Ohio building authority may: 539
(1) Acquire, by gift, grant, or purchase, and hold and 541
14
mortgage, real estate and interests therein and personal property 542
suitable for its purposes, provided that no land used by the 543
authority pursuant to section 152.05 of the Revised Code shall be 544
mortgaged by the authority; 545
(2) Purchase, construct, reconstruct, equip, furnish, 547
improve, alter, enlarge, maintain, repair, and operate buildings, 548
facilities, and other properties for the purposes set forth in 549
section 152.04 of the Revised Code. The authority shall 550
construct, operate, and maintain its buildings, facilities, and 551
other properties in a healthy, safe, and sanitary manner. 552
(3) Issue revenue bonds to secure funds to accomplish its 554
purposes, the principal of and interest on and all other payments 555
required to be made by the trust agreement or indenture securing 556
such bonds to be paid solely from revenues accruing to the 557
authority through the operation of its buildings, facilities, and 558
other properties; 559
(4) Enter into contracts and execute all instruments 561
necessary in the conduct of its business; 562
(5) Fix, alter, and charge rentals and other charges for 564
the use and occupancy of its buildings, facilities, and other 565
properties and enter into leases with the persons specified in 566
section 152.04 of the Revised Code; 567
(6) Employ financial consultants, appraisers, consulting 569
engineers, architects, superintendents, managers, construction 570
and accounting experts, attorneys-at-law, and other employees and 571
agents as are necessary, in its judgment, and fix their 572
compensation; 573
(7) Provide for the persons occupying its buildings, 575
facilities, and other properties, health clinics, medical 576
services, food services, and such other services as such persons 577
cannot provide for themselves; and, if the authority determines 578
that it is more advantageous, it may enter into contracts with 579
persons, firms, or corporations or with any governmental agency, 580
board, commission, or department to provide any of such clinics 581
15
or services; 582
(8) Pledge, hypothecate, or otherwise encumber such of its 584
rentals or other charges as may be agreed as security for its 585
obligations, and enter into trust agreements or indentures for 586
the benefit of its bondholders; 587
(9) Borrow money or accept advances, loans, gifts, grants, 589
devises, or bequests from, and enter into contracts or agreements 590
with, any federal agency or other governmental or private source, 591
and hold and apply advances, loans, gifts, grants, devises, or 592
bequests according to the terms thereof. Such advances, loans, 593
gifts, grants, or devises of real estate may be in fee simple or 594
of any lesser estate and may be subject to any reasonable 595
reservations. Any advances or loans received from any federal or 596
other governmental or private source may be repaid in accordance 597
with the terms of such advance or loan. 598
(10) Conduct investigations into housing and living 600
conditions in order to be able to purchase, construct, or 601
reconstruct suitable buildings and facilities to fulfill its 602
purpose, and determine the best locations within the state for 603
its buildings, facilities, and other properties; 604
(11) Enter into lawful arrangements with the appropriate 606
federal or state department or agency, county, township, 607
municipal government, or other political subdivision, or public 608
agency for the planning and installation of streets, roads, 609
alleys, public parks and recreation areas, public utility 610
facilities, and other necessary appurtenances to its projects; 611
(12) Purchase fire, extended coverage, and liability 613
insurance for its property, and insurance covering the authority 614
and its officers and employees for liability for damage or injury 615
to persons or property; 616
(13) Sell, lease, release, or otherwise dispose of 618
property owned by the authority and not needed for the purposes 619
of the authority and grant such easements across the property of 620
the authority as will not interfere with its use of its property; 621
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(14) Establish rules and regulations for the use and 623
operation of its buildings, facilities, and other properties; 624
(15) Do all other acts necessary to the fulfillment of its 626
purposes. 627
(B) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 629
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 631
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 632
SECTION 5301.012 OF THE REVISED CODE.
Sec. 152.21. With respect to capital facilities described 641
in sections 152.19 and 152.31 of the Revised Code, the Ohio 642
building authority may: 643
(A) Acquire, by appropriation subject to Chapter 163. of 645
the Revised Code, or by gift, grant, lease, or purchase; hold; 646
lease; mortgage in the case of capital facilities the real 647
property or interest therein of which was not acquired by the 648
authority pursuant to sections 152.05 and 152.06 of the Revised 649
Code; convey; and dispose of real estate and interests in real 650
estate and personal property suitable for its purposes; 651
(B) Acquire, purchase, construct, reconstruct, 653
rehabilitate, remodel, renovate, enlarge, improve, alter, 654
maintain, equip, furnish, repair, paint, decorate, and operate 655
capital facilities as provided in sections 152.18, 152.19, and 656
152.31 of the Revised Code;
(C) Issue obligations to secure funds to accomplish its 658
purposes as more fully set forth in sections 152.09 to 152.33 of 659
the Revised Code; 660
(D) Enter into contracts and execute all instruments 662
necessary in the conduct of its business; 663
(E) Fix, alter, and charge rentals for the use and 665
occupancy of its capital facilities and enter into leases for 666
such use and occupancy as provided in section 152.24 of the 667
Revised Code; 668
(F) Employ financial consultants, appraisers, consulting 670
engineers, architects, superintendents, managers, construction 671
17
and accounting experts, attorneys at law, and other employees and 672
agents as are necessary, in its judgment, and fix their 673
compensation; 674
(G) Manage and have general custodial care and supervision 676
of its capital facilities or enter into contracts with the 678
department of administrative services or the using state agency
or governmental entity for such purposes; 679
(H) Pledge, hypothecate, or otherwise encumber all or such 681
portion as it determines of the available receipts to the payment 682
of bond service charges on obligations or series of obligations 683
issued pursuant to Chapter 152. of the Revised Code and for the 684
establishment and maintenance of any reserves, as provided in the 685
bond resolution, and make other provisions therein with respect 686
to such available receipts as authorized by Chapter 152. of the 687
Revised Code, which shall be controlling notwithstanding any 688
other provisions of law pertaining thereto, and enter into trust 689
agreements or indentures for the benefit of holders of its 690
obligations; 691
(I) Borrow money or accept advances, loans, gifts, grants, 693
devises, or bequests from, and enter into contracts or agreements 694
with, any federal agency or other governmental or private source, 695
and hold and apply advances, loans, gifts, grants, devises, or 696
bequests according to the terms thereof. Such advances, loans, 697
gifts, grants, or devises of real estate may be in fee simple or 698
of any lesser estate and may be subject to any reasonable 699
reservations. Any advances or loans received from any federal or 700
other governmental or private source may be repaid in accordance 701
with the terms of such advance or loan. 702
(J) Enter into lawful arrangements with the appropriate 704
governmental entity for the planning and installation of streets 705
and sidewalks, public utility facilities, and other necessary 706
appurtenances to its capital facilities, and grant necessary 707
easements for such purposes; 708
(K) Purchase all risk or extended coverage, boiler, rents, 710
18
and public liability insurance for or relating to its property; 711
(L) Establish rules for the use and operation of its 713
buildings and facilities; 714
(M) Do all other acts necessary to the fulfillment of its 716
purposes. 717
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 719
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 720
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 721
5301.012 OF THE REVISED CODE.
Sec. 154.06. In connection with capital facilities 731
financed by the Ohio public facilities commission pursuant to 732
authorization by the general assembly, the commission may: 733
(A) Acquire by appropriation, subject to Chapter 163. of 735
the Revised Code, or by gift, grant, lease, or purchase, or 736
combination thereof, and hold, lease, and dispose of real estate 737
and interests therein and personal property for the purposes of 738
Chapter 154. of the Revised Code; 739
(B) Acquire, purchase, construct, reconstruct, equip, 741
furnish, improve, alter, enlarge, remodel, renovate, 742
rehabilitate, maintain, repair, and operate capital facilities 743
for the purposes set forth in Chapter 154. of the Revised Code; 744
(C) Enter into agreements with the director of 746
administrative services providing for the director to acquire by 747
appropriation, subject to Chapter 163. of the Revised Code, real 748
estate and interests therein on behalf of the commission for the 749
purposes of Chapter 154. of the Revised Code and the director may 750
enter into such agreements and appropriate pursuant thereto. 751
(D) Enter into leases or other agreements with 753
governmental agencies upon such terms as are mutually 754
satisfactory, which may include provisions, among others, for 755
rental payments commencing at or at any time after execution of 756
such lease and before completion of the capital facilities leased 757
thereby, provisions relating to the disposition of such capital 758
facilities, and provisions, if determined by the commission, for 759
19
waiver of rights of repossession by the commission; and such 760
governmental agencies may enter into such leases and agreements 761
with the commission and into subleases and agreements between 762
governmental agencies pertaining to capital facilities financed 763
by the commission, upon terms and conditions mutually 764
satisfactory to the parties and without competitive bidding, and 765
any agreement of such governmental agency to make rental, use, or 766
other payments or payment of purchase price, in installments or 767
otherwise, or repayments to or on account of the commission, and 768
the obligations issued by the commission shall not be deemed to 769
constitute indebtedness, bonded or otherwise, or bonds, notes, or 770
other evidence of indebtedness of such governmental agency for 771
the purpose of Chapter 133. of the Revised Code or any other 772
purpose; such lease and agreements requiring payments beyond the 773
current year are continuing contracts for the purposes of 774
sections 5705.41 and 5705.44 of the Revised Code; 775
(E) Contract for the services of financial consultants, 777
appraisers, consulting engineers, architects, construction and 778
accounting experts, attorneys, and other consultants and 779
independent contractors, as are necessary in its judgment to 780
carry out Chapter 154. of the Revised Code; 781
(F) Enter into agreements with one or more governmental 783
agencies or any combination thereof for the management or general 784
custodial care and supervision of capital facilities, and such 785
governmental agencies are authorized to enter into such 786
agreements with the commission upon terms and conditions mutually 787
satisfactory to the parties; 788
(G) Borrow money or accept advances, loans, gifts, grants, 790
devises, or bequests from, and enter into contracts or agreements 791
therefor with, any governmental agency or person, and hold and 792
apply advances, loans, gifts, grants, devises, or bequests, and 793
the capital facilities to which the same relate, according to the 794
terms thereof, which advances, loans, gifts, grants, or devises 795
may, as to real estate be in fee simple or of any lesser estate 796
20
and may be subject to reasonable reservations, and which advances 797
or loans received from any governmental agency or person may be 798
repaid in accordance with the terms of such advance or loan; 799
(H) Enter into agreements or arrangements with the 801
appropriate governmental agency for the planning and installation 802
of streets, roads, alleys, public parks and recreation areas, 803
public utility facilities, and other necessary appurtenances to 804
its capital facilities; 805
(I) Purchase or provide for fire and extend coverage 807
insurance for its property and such other insurance the 808
commission may agree to provide under applicable bond procedings 810
PROCEEDINGS;
(J) Enter into contracts and execute all instruments 812
necessary or incidental to the performance of its duties and the 813
execution of its powers and do all other acts necessary or proper 814
to the fulfillment of its purposes and to carry out the powers 815
expressly granted in Chapter 154. of the Revised Code. 816
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 818
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 819
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 820
5301.012 OF THE REVISED CODE.
Sec. 154.16. Any governmental agency may lease, grant, or 829
convey to the Ohio public facilities commission, at its request, 830
any real property or interests therein including improvements 831
thereto or personal property of or under the control of such 832
governmental agency which is necessary or convenient to the 833
effectuation of the authorized purposes of the commission, 834
including public roads and other real property or interests 835
therein, including improvements thereto or personal property 836
already devoted to public use, upon such terms as the governing 837
body of the governmental agency, and the governor in the case of 838
real estate title of which is in the name of the state, and the 839
commission agree and without the necessity for advertisement, 840
auction, competitive bidding, order of court, or other action or 841
21
formality, other than the regular and formal action of such 842
governing body, and the governor in the instance above stated. 843
Title to all real estate acquired by the commission shall be 844
taken in the name of the state. 845
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 847
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 848
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 849
5301.012 OF THE REVISED CODE.
Sec. 154.21. (A) Subject to authorization by the general 858
assembly under section 154.02 of the Revised Code, the Ohio 859
public facilities commission may authorize and issue obligations 860
pursuant to this chapter to pay the cost of capital facilities 861
for state-supported and state-assisted institutions of higher 862
education. 863
(B) Capital facilities for institutions of higher 865
education financed under this section may be leased by the 866
commission to institutions of higher education or to the Ohio 867
board of regents for the use of institutions of higher education, 868
and such parties may make other agreement for the use or sale and 869
purchase of the facilities; the Ohio board of regents may 870
sublease such capital facilities to institutions of higher 871
education, and such parties may make other agreement for the use 872
or sale and purchase of the facilities, in any manner permitted 873
by the lease or agreement between the commission and the Ohio 874
board of regents; all upon such terms and conditions as the 875
parties may agree upon and pursuant to this chapter, 876
notwithstanding other provisions of law affecting the leasing, 877
acquisition, or disposition of capital facilities by such 878
parties. Any such leases, subleases, or agreements may contain 879
provisions setting forth the responsibilities of the commission, 880
institutions of higher education, and Ohio board of regents as to 881
the financing, construction, operation, maintenance, and insuring 882
of such facilities and other terms and conditions applicable 883
thereto, including designation of the "owner" for purposes of 884
22
Chapter 153. of the Revised Code, and any other provisions 885
mutually agreed upon for the purposes of this chapter. Promptly 886
upon execution thereof, a signed or conformed copy of each such 887
lease or agreement, and any supplement thereto, between an 888
institution of higher education or the Ohio board of regents and 889
the commission shall be filed by the commission with the Ohio 890
board of regents and the director of budget and management, and 891
promptly upon execution thereof, a signed or conformed copy of 892
each such sublease or agreement between the Ohio board of regents 893
and an institution of higher education shall be filed by the Ohio 894
board of regents with the commission and the director. 895
(C) For purposes of this section, "available receipts" 897
means fees, tuitions, charges, revenues, and all other receipts 898
of or on behalf of state supported and state assisted 899
institutions of higher education, any revenues or receipts 900
derived by the commission from the operation, leasing, or other 901
disposition of capital facilities financed under this section, 902
the proceeds of obligations issued under this section and 903
sections 154.11 and 154.12 of the Revised Code, and also means 904
any gifts, grants, donations, and pledges, and receipts 905
therefrom, available for the payment of bond service charges on 906
such obligations. Subject to any pledge of that portion of 907
available receipts, comprised of fees, tuitions, charges, 908
revenues, and receipts derived directly by an institution of 909
higher education, which has been or may thereafter be made 910
pursuant to section 3345.07, 3345.11, 3345.12, 3349.05, 3354.121, 911
or 3357.112 of the Revised Code, the commission may pledge all or 913
such portion as it determines of the available receipts to the 914
payment of bond service charges on obligations issued under this 915
section and sections 154.11 and 154.12 of the Revised Code and 916
for the establishment and maintenance of any reserves, as 917
provided in the bond proceedings, and make other provisions 918
therein with respect to such available receipts as authorized by 919
this chapter, which provisions shall be controlling, 920
23
notwithstanding any other provision of law pertaining thereto. 921
(D) In the event that moneys in the higher education bond 923
service fund and available receipts from payments to be made to 924
the commission under leases and agreements with the Ohio board of 925
regents, together with any other funds made available by the 926
general assembly, will be insufficient, without application of 927
reserves, for the payment of bond service charges and for the 928
establishment and maintenance of reserves, as provided in the 929
bond proceedings, then the commission, upon consultation with the 930
institutions of higher education to be affected and the Ohio 931
board of regents, may require the institutions of higher 932
education to charge, collect, and transmit to the credit of the 933
higher education bond service fund provided for in division (E) 934
of this section, a special student fee, which may be a segregated 935
part of the established instruction fee or other fee, in such 936
amount or amounts as are necessary for the payment of the bond 937
service charges on obligations issued under this section and 938
sections 154.11 and 154.12 of the Revised Code and for the 939
establishment and maintenance of any reserves, as provided in the 940
bond proceedings. Such special fee constitutes "available 941
receipts" within the meaning thereof in division (C) of this 942
section, and may be pledged as therein provided in addition to, 943
or in lieu of, or to be applied prior to, other available 944
receipts, as provided in the bond proceedings; provided, that 945
such special fee shall not be deemed to be pledged by the 946
institutions of higher education under section 3345.07, 3345.11, 947
3345.12, 3349.05, 3354.121, or 3357.112 of the Revised Code. The 949
commission may covenant in the bond proceedings to require such 950
special fee to be charged, collected, and transmitted pursuant to 951
this division. In the event the initiation of such special fee 952
is required in accordance with such covenant, the commission 953
shall by rules transmitted to each institution of higher 954
education affected thereby, fix, establish, and from time to time 955
modify, as it may consider appropriate, the amount or amounts of 956
24
the fee, exemptions therefrom, such distinctions, if any, as it 957
may determine appropriate for full-time and part-time students or 958
students enrolled in different programs, or other bases for 959
distinction among students, so that students throughout the state 960
in similar classifications under such rules are so far as 961
feasible treated alike, and establish and from time to time 962
modify other rules, procedures, and definitions for the charge, 963
collection, and transmission of such special fees. 964
Notwithstanding any other provision of law pertaining thereto, 965
the governing boards of the institutions of higher education 966
shall charge, collect, and transmit such special fee in 967
accordance with such rules.
(E) There is hereby created the higher education bond 969
service trust fund, which shall be in the custody of the 970
treasurer of state but shall be separate and apart from and not a 971
part of the state treasury. All moneys received by or on account 972
of the commission and required by the applicable bond proceedings 973
to be deposited, transferred, or credited to the higher education 974
bond service trust fund, and all other moneys transferred or 975
allocated to or received for the purposes of the higher education 976
bond service trust fund, shall be deposited with the treasurer of 977
state and credited to such fund, subject to any applicable 978
provisions of the bond proceedings, without necessity for any act 979
of appropriation. The higher education bond service trust fund 980
is a trust fund and is hereby pledged to the payment of bond 981
service charges on the obligations issued pursuant to this 982
section and sections 154.11 and 154.12 of the Revised Code to the 983
extent provided in the applicable bond proceedings, and payment 984
thereof from such fund shall be made or provided for by the 985
treasurer of state in accordance with such bond proceedings 986
without necessity for any act of appropriation. 987
(F) There is hereby created in the state treasury the 989
higher education improvement fund. Subject to the bond 990
proceedings therefor, all of the proceeds of the sale of higher 991
25
education obligations shall be credited to the fund, except that 992
any accrued interest received shall be credited to the higher 993
education bond service fund. The higher education improvement 994
fund may also be comprised of gifts, grants, appropriated moneys, 995
and other sums and securities received to the credit of such 996
fund. The fund shall be applied only to the purpose of paying 997
costs of capital facilities for state-supported and 998
state-assisted institutions of higher education, which may 999
include participation with one or more such institutions of 1,000
higher education in any such capital facilities by way of grants, 1,001
loans, or contributions to them for such capital facilities. 1,002
(G) This section shall be applied with other applicable 1,004
provisions of this chapter. 1,005
(H) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 1,007
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 1,009
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 1,010
SECTION 5301.012 OF THE REVISED CODE.
Sec. 154.22. (A) Subject to authorization by the general 1,019
assembly under section 154.02 of the Revised Code, the Ohio 1,020
public facilities commission may authorize and issue obligations 1,021
pursuant to this chapter to pay costs of capital facilities for 1,022
parks and recreation. 1,023
(B) Any capital facilities for parks and recreation may be 1,025
leased by the commission to the department of natural resources 1,026
and other agreements may be made by the commission and such 1,027
department with respect to the use or purchase of such capital 1,028
facilities or, subject to the approval of the director of such 1,029
department, the commission may lease such capital facilities to, 1,030
and make other agreements with respect to their use or purchase 1,031
with, any governmental agency having authority under law to 1,032
operate such capital facilities, and the director of such 1,033
department may sublease such capital facilities to, and make 1,034
other agreements with respect to the use or purchase thereof 1,035
with, any such governmental agency, or such director may sublease 1,036
26
or contract for the operation of such capital facilities in 1,037
accordance with the applicable provisions of sections 1501.09, 1,038
1501.091, and 1501.10 of the Revised Code, all upon such terms 1,039
and conditions as the parties may agree upon and pursuant to this 1,040
chapter, notwithstanding any other provisions of law affecting 1,041
the leasing, acquisition, or disposition of capital facilities by 1,042
such parties. 1,043
(C) For purposes of this section, "available receipts" 1,045
means all receipts, including fees, charges, and rentals, derived 1,046
or to be derived from state parks and public service facilities 1,047
in any state park or parks, any other receipts of state agencies 1,048
with respect to parks and recreational facilities, any revenues 1,049
or receipts derived by the commission from the operation, 1,050
leasing, or other disposition of capital facilities financed 1,051
under this section, the proceeds of obligations issued under this 1,052
section and sections 154.11 and 154.12 of the Revised Code, and 1,053
also means any gifts, grants, donations, and pledges, and 1,054
receipts thereon, available for the payment of bond service 1,055
charges on obligations issued under this section. The commission 1,056
may pledge all, or such portion as it determines, of the 1,057
available receipts to the payment of bond service charges on 1,058
obligations issued under this section and sections 154.11 and 1,059
154.12 of the Revised Code and for the establishment and 1,060
maintenance of any reserves, as provided in the bond proceedings, 1,061
and make other provisions therein with respect to such available 1,062
receipts as authorized by this chapter, which provisions shall be 1,063
controlling notwithstanding any other provision of law pertaining 1,064
thereto. 1,065
(D) The commission may covenant in the bond proceeding 1,067
that the state and state agencies shall, so long as any 1,068
obligations issued under this section are outstanding, cause to 1,069
be charged and collected fees, charges, and rentals for the use 1,070
of state parks and public service facilities and other fees and 1,071
charges with respect to parks and recreation sufficient in amount 1,072
27
to provide for the payment of bond service charges on such 1,073
obligations and for the establishment and maintenance of any 1,074
reserves as provided in the bond proceedings, and such covenants 1,075
shall be controlling notwithstanding any other provision of law 1,076
pertaining to such charges except any provision of law 1,077
prohibiting or limiting charges for the use of swimming 1,078
facilities of state parks and public service facilities by 1,079
persons under sixteen years of age. 1,080
(E) There is hereby created the parks and recreation bond 1,082
service trust fund, which shall be in the custody of the 1,083
treasurer of state but shall be separate and apart from and not a 1,084
part of the state treasury. All moneys received by or on account 1,085
of the commission or state agencies and required by the 1,086
applicable bond proceedings to be deposited, transferred, or 1,087
allocated to or received for the purposes of the trust fund shall 1,088
be deposited with the treasurer of state and credited to such 1,089
fund, subject to applicable provisions of the bond proceedings 1,090
but without necessity for any act of appropriation. The trust 1,091
fund is hereby pledged to the payment of bond service charges on 1,092
the obligations issued pursuant to this section and sections 1,093
154.11 and 154.12 of the Revised Code to the extent provided in 1,094
the applicable bond proceedings, and payment thereof from such 1,095
fund shall be made or provided for by the treasurer of state in 1,096
accordance with such bond proceedings without necessity for any 1,097
act of appropriation. 1,098
(F) There is hereby created in the state treasury the 1,100
parks and recreation improvement fund. Subject to the bond 1,101
proceedings therefor, all of the proceeds of the sale of 1,102
obligations issued pursuant to this section shall be credited to 1,103
such fund, except that any accrued interest received shall be 1,104
credited to the parks and recreation bond service trust fund. 1,105
The parks and recreation improvement fund may also be comprised 1,106
of gifts, grants, appropriated moneys, and other sums and 1,107
securities received to the credit of such fund. Such fund shall 1,108
28
be applied only to the purpose of paying costs of capital 1,109
facilities for parks and recreation under the jurisdiction of the 1,110
department of natural resources or for participation in capital 1,111
facilities for parks and recreation with the federal government, 1,112
municipal corporations, counties, or other governmental agencies, 1,113
or any one or more of them, which participation may be by grants 1,114
or contributions to them for such capital facilities. 1,115
(G) All state parks shall be exclusively under the control 1,117
and administration of the division of parks and recreation. With 1,118
the approval of the recreation and resources council, the 1,120
director of natural resources may by order remove from the 1,121
classification as state parks any of the lands or interests 1,122
therein referred to in divisions (M)(2) and (3) of section 154.01 1,123
of the Revised Code, subject to the limitations, provisions, and 1,124
conditions in any order authorizing state park revenue bonds, in 1,125
any trust agreement securing such bonds, or in bond proceedings 1,126
with respect to obligations issued pursuant to this section. 1,127
Lands or interests therein so removed shall be transferred to 1,128
other divisions of the department for administration or may be 1,129
sold as provided by law. Proceeds of any sale shall be used or 1,130
transferred as provided in the order authorizing state park 1,131
revenue bonds or in such trust agreement, or in bond proceedings 1,132
with respect to obligations issued pursuant to this section, and 1,133
if no such provision is made shall be transferred to the state 1,134
park fund created by section 1541.22 of the Revised Code. 1,135
(H) This section shall be applied with other applicable 1,137
provisions of this chapter. 1,138
(I) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 1,140
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 1,142
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 1,143
SECTION 5301.012 OF THE REVISED CODE.
Sec. 154.23. (A) Subject to authorization by the general 1,153
assembly under section 154.02 of the Revised Code, the Ohio 1,154
public facilities commission may authorize and issue obligations 1,155
29
pursuant to this chapter to pay costs of capital facilities for 1,156
housing of branches and agencies of state government, including 1,157
capital facilities for the purposes of housing personnel, 1,158
equipment, or functions, or any combination thereof, that the 1,159
state agencies are responsible for housing, except capital 1,160
facilities for mental hygiene and retardation as referred to in 1,161
section 154.20 of the Revised Code, capital facilities for 1,162
state-supported and state-assisted institutions of higher 1,163
education as referred to in section 154.21 of the Revised Code, 1,164
capital facilities for parks and recreation as referred to in 1,165
section 154.22 of the Revised Code, and capital facilities 1,166
authorized by the general assembly to be financed pursuant to 1,167
division (F) of section 152.09 of the Revised Code with 1,168
obligations issued under Chapter 152. of the Revised Code. Such 1,169
obligations may be issued pursuant to one or more separate bond 1,170
proceedings as the commission determines. 1,171
(B) Capital facilities for housing of branches and 1,173
agencies of state government may be leased by the commission to 1,174
the using state agency or to the department of administrative 1,175
services for the use of such state agency or to other 1,176
governmental agencies and the department of administrative 1,177
services or the using state agency may sublease such capital 1,178
facilities to other state agencies or other governmental 1,179
agencies, and such parties may make other agreements for the use 1,180
or sale or purchase of such capital facilities in any manner 1,181
permitted by the lease or agreement with the commission, all upon 1,182
such terms and conditions as the parties may agree upon and 1,183
pursuant to this chapter, notwithstanding other provisions of law 1,184
affecting the leasing, acquisition, or disposition of capital 1,185
facilities by such parties. Any such lease between the 1,186
commission and the department of administrative services or the 1,187
using state agency shall be for a period not to exceed the then 1,188
current two-year period for which appropriations have been made 1,189
by the general assembly to the department of administrative 1,190
30
services or the state agencies which will occupy the building or 1,191
facility being leased. An agreement between the commission and 1,192
the department or using state agency may provide for renewal of 1,193
the lease at the end of each term for another term, not exceeding 1,194
two years, but no renewal shall be effective until the effective 1,195
date of an appropriation enacted by the general assembly from 1,196
which the department of administrative services or the using 1,197
state agency may lawfully pay rentals under such lease. Any such 1,198
leases, subleases, or agreements may contain provisions setting 1,199
forth the responsibilities of the commission, state agencies, or 1,200
other governmental agencies as to the financing, construction, 1,201
subleasing, operation, maintenance, and insuring of such capital 1,202
facilities and other terms and conditions applicable thereto, 1,203
including designation of the "owner" for purposes of Chapter 153. 1,204
of the Revised Code, and any other provisions mutually agreed 1,205
upon for the purposes of this chapter. Promptly upon execution 1,206
thereof a signed or conformed copy of each such lease or sublease 1,207
or agreement, and any supplement thereto, between the commission 1,208
and a governmental agency shall be filed by the commission with 1,209
the department of administrative services and the director of 1,210
budget and management, and promptly upon execution thereof a 1,211
signed or conformed copy of each such sublease or agreement 1,212
between two governmental agencies, not including the commission, 1,213
shall be filed with the commission and the director. 1,214
(C) For purposes of this section, "available receipts" 1,216
means fees, charges, revenues, grants, subsidies, income from the 1,217
investment of moneys, proceeds from the sale of goods or 1,218
services, and all other revenues or receipts received by or on 1,219
behalf of any state agency for which capital facilities are 1,220
financed with obligations issued under this section or any state 1,221
agency by which the capital facilities are constructed or 1,222
financed; revenues or receipts derived by the commission from the 1,223
operation, leasing, or other disposition of capital facilities 1,224
financed under this section; and the proceeds of obligations 1,225
31
issued under this section and sections 154.11 and 154.12 of the 1,226
Revised Code; and also means any moneys appropriated by a 1,227
governmental agency, gifts, grants, donations, and pledges, and 1,228
receipts therefrom, available for the payment of bond service 1,229
charges on such obligations. The commission may pledge all or 1,230
such portion as it determines of the available receipts to the 1,231
payment of bond service charges on obligations or series of 1,232
obligations issued under this section and sections 154.11 and 1,233
154.12 of the Revised Code and for the establishment and 1,234
maintenance of any reserves, as provided in the bond proceedings, 1,235
and make other provisions therein with respect to such available 1,236
receipts as authorized by this chapter, which shall be 1,237
controlling notwithstanding any other provisions of law 1,238
pertaining thereto. 1,239
(D) The commission may covenant in the bond proceedings 1,241
that the state and state agencies shall, so long as any 1,242
obligations issued under this section and those bond proceedings 1,243
are outstanding, cause to be charged and collected such revenues 1,244
and receipts constituting available receipts under those bond 1,245
proceedings sufficient in amount to provide for the payment of 1,246
bond service charges on those obligations and for the 1,247
establishment and maintenance of any reserves, as provided in the 1,248
bond proceedings for such obligations. Such covenants shall be 1,249
controlling, notwithstanding any other provision of law 1,250
pertaining to such revenues and receipts. 1,251
(E) There is hereby created one or more funds, as 1,253
determined by the commission in the bond proceedings, designated 1,254
the "state agency bond service fund" with, if more than one such 1,255
fund, such further identifying name as the commission determines, 1,256
which shall be in the custody of the treasurer of state but shall 1,257
be separate and apart from and not a part of the state treasury. 1,258
All moneys received by or on account of the commission or state 1,259
agencies and required by the applicable bond proceedings to be 1,260
deposited, transferred, or credited to the state agency bond 1,261
32
service fund, and all other moneys transferred or allocated to or 1,262
received for the purposes of that fund shall be deposited with 1,263
the treasurer of state and credited to the applicable fund, 1,264
subject to applicable provisions of the bond proceedings, but 1,265
without necessity of any act or appropriation. The state agency 1,266
bond service funds are trust funds and are hereby pledged to the 1,267
payment of bond service charges on the applicable obligations 1,268
issued pursuant to this section and sections 154.11 and 154.12 of 1,269
the Revised Code to the extent provided in the applicable bond 1,270
proceedings, and payment thereof from such funds shall be made or 1,271
provided for by the treasurer of state in accordance with the 1,272
applicable bond proceedings without necessity for any act of 1,273
appropriation. 1,274
(F) There is hereby created in the state treasury one or 1,276
more funds, as determined by the commission in the bond 1,277
proceedings, designated the "state agency facilities improvement 1,278
fund" with, if more than one such fund, such further identifying 1,279
name as the commission determines, which shall be in the custody 1,280
of the treasurer of state. Subject to the bond proceedings 1,281
therefor, all of the proceeds of the sale of obligations pursuant 1,282
to this section shall be credited to the applicable state agency 1,283
facilities improvement fund, except that any accrued interest 1,284
shall be credited to the applicable bond service fund. The state 1,285
agency facilities improvement funds may also be comprised of 1,286
gifts, contributions from governmental agencies, grants, 1,287
appropriated moneys, and other sums and securities received to 1,288
the credit of such funds. Such funds shall be applied only to 1,289
the purpose of paying applicable costs of capital facilities for 1,290
housing of branches and agencies of state government or for 1,291
participation in capital facilities for housing of branches and 1,292
agencies of state government with the federal government, 1,293
municipal corporations, counties, or other governmental agencies, 1,294
or any one or more of them, which participation may be by grants 1,295
or contributions to them for such capital facilities. 1,296
33
(G) This section is to be applied with other applicable 1,298
provisions of this chapter. 1,299
(H) ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE 1,301
STATE ACQUIRES REAL PROPERTY PURSUANT TO THIS SECTION SHALL 1,303
IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF 1,304
THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED 1,305
CODE.
Sec. 163.02. (A) Except as provided in divisions (B), 1,314
(C), and (D) of this section, all appropriations of real property 1,315
shall be made pursuant to sections 163.01 to 163.22 of the 1,316
Revised Code. 1,317
(B) Subject to division (E) of this section, the director 1,319
of transportation may appropriate real property pursuant to 1,320
sections 163.01 to 163.22 of the Revised Code or as otherwise 1,321
provided by law. 1,322
(C) Subject to division (E) of this section, a conservancy 1,324
district may appropriate real property by procedures prescribed 1,325
in Chapter 6101. of the Revised Code. 1,326
(D) Subject to division (E) of this section, a sanitary 1,328
district may appropriate real property by procedures prescribed 1,329
in Chapter 6115. of the Revised Code. 1,330
(E) When the director of transportation, a conservancy 1,332
district, or a sanitary district proceeds to appropriate real 1,333
property other than under sections 163.01 to 163.22 of the 1,334
Revised Code, the proceedings are subject to division (B) of 1,335
section 163.21 of the Revised Code. 1,336
(F) ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE 1,338
STATE ACQUIRES REAL PROPERTY PURSUANT TO THIS SECTION SHALL 1,340
IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF 1,341
THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED 1,342
CODE.
Sec. 165.02. Section 13 of Article VIII, Ohio 1,351
Constitution, is in part implemented by this chapter in 1,352
furtherance of the public purposes of the state to create or 1,353
34
preserve jobs and employment opportunities and to improve the 1,354
economic welfare of the people of the state. An issuer acting 1,355
through its issuing authority may in accordance with Section 13 1,356
of Article VIII, Ohio Constitution: 1,357
(A) Acquire by gift or purchase and hold and mortgage real 1,359
estate and interests therein and personal property to be used as 1,360
a project or a part thereof; 1,361
(B) Purchase, construct, reconstruct, enlarge, improve, 1,363
furnish, and equip and lease, sell, exchange, and otherwise 1,364
dispose of projects or parts thereof for those of the purposes 1,365
set forth in Section 13 of Article VIII, Ohio Constitution that 1,366
are specified in the first sentence of this section, including, 1,367
without limitation thereto, the sale of projects by conditional 1,368
or installment sale, under which title may pass prior to or after 1,369
completion of construction of a project or payment or provision 1,370
for payment of all principal of, premium, if any, and interest on 1,371
the bonds, or at any other time provided in the agreement 1,372
pertaining to such sale, and including sale under an option to 1,373
purchase upon agreed terms which may include a price which may be 1,374
a nominal amount or less than true value at the time of purchase; 1,375
(C) Issue its bonds to provide funds, by loans or 1,377
otherwise, for acquiring, constructing, reconstructing, 1,378
enlarging, improving, furnishing, or equipping one or more 1,379
projects or parts thereof; 1,380
(D) Make loans for the acquisition, construction, 1,382
reconstruction, enlargement, improvement, furnishing, or 1,383
equipping of projects or parts thereof upon such terms as the 1,384
issuing authority may determine or authorize, including secured 1,385
or unsecured loans, and, in connection therewith, enter into loan 1,386
agreements and other agreements, accept notes or other forms of 1,387
obligation to evidence such indebtedness and security interests 1,388
to secure such indebtedness, and take such action as may be 1,389
considered by it appropriate to protect such security and 1,390
safeguard against losses, including, without limitation thereto, 1,391
35
foreclosure and the bidding upon and purchase of property upon 1,392
foreclosure or other sale; 1,393
(E) Enter into contracts and execute all instruments 1,395
necessary or appropriate to carry out the purposes of Chapter 1,396
165. of the Revised Code; 1,397
(F) Fix, alter, and collect rentals and other charges for 1,399
the use and occupancy of a project and lease the project to 1,400
others, including a contract with, or the granting of an option 1,401
to the lessee to purchase the project for such price as the 1,402
issuing authority in its sole discretion determines to be 1,403
appropriate, after retirement or redemption, or provision 1,404
therefor, of all the bonds of the issuer issued to provide funds 1,405
for the project; 1,406
(G) Retain, contract with, or employ and fix the 1,408
compensation of financial consultants, appraisers, accounting 1,409
experts, architects, engineers, attorneys at law, and other 1,410
employees, agents, and independent contractors as are necessary 1,411
in the judgment of the issuing authority to carry out the 1,412
provisions of Chapter 165. of the Revised Code; 1,413
(H) Pledge, assign, hypothecate, or otherwise encumber as 1,415
security for the bonds, the rentals, revenues, and other income, 1,416
charges, and moneys realized from the use, lease, sale, or other 1,417
disposition of one or more projects or parts thereof as may be 1,418
designated in the bond proceedings and enter into trust 1,419
agreements or indentures of mortgage for the benefit of 1,420
bondholders; 1,421
(I) Enter into appropriate arrangements with any federal 1,423
or state department or agency, county, township, municipal 1,424
corporation, or other political subdivision, taxing district, or 1,425
public body or agency for the planning and installation of 1,426
streets, roads, alleys, water supply and distribution facilities, 1,427
storm and sanitary sewage collection and disposal facilities, and 1,428
other necessary appurtenances to a project; 1,429
(J) Purchase fire and extended coverage and liability 1,431
36
insurance for a project, insurance protecting the issuer and its 1,432
officers and employees against liability for damage to property 1,433
or injury to or death of persons arising from the project, and 1,434
any other insurance the issuer may agree to provide under the 1,435
bond proceedings; 1,436
(K) Sell, lease, release, or otherwise dispose of real and 1,438
personal property or interests therein, or a combination thereof, 1,439
acquired by the issuer under authority of Chapter 165. of the 1,440
Revised Code and no longer needed for the purposes of such 1,441
chapter or of the issuer, and grant such easements and other 1,442
rights in, over, under, or across a project as will not interfere 1,443
with its use of such property. Such sale, lease, release, 1,444
disposition, or grant may be made without competitive bidding and 1,445
in such manner and for such consideration as the issuing 1,446
authority in its judgment deems appropriate; 1,447
(L) Do all other acts necessary or appropriate to carry 1,449
out those of the purposes of Section 13 of Article VIII, Ohio 1,450
Constitution that are specified in the first sentence of this 1,451
section, and the purposes of this chapter. 1,452
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 1,454
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 1,455
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 1,456
5301.012 OF THE REVISED CODE.
Sec. 175.04. The Ohio housing finance agency may: 1,465
(A) Adopt bylaws for the conduct of its business; 1,467
(B) Subject to sections 175.05 and 175.06 of the Revised 1,469
Code, purchase and contract to purchase loans or other evidence 1,470
of debt from, and make and contract to make loans to, or through, 1,471
lending institutions; 1,472
(C) Procure or require the procurement of insurance 1,474
against any loss in connection with its operations, including 1,475
without limitation the repayment of any loan, in such amounts and 1,476
from such insurers, including, without limitation, the federal 1,477
government, and pay any premiums therefor; 1,478
37
(D) Arrange for guarantees of its bonds by the federal 1,480
government or by any private insurer or others, and contract, 1,481
arrange for, make, or obtain letters of credit, agreements to 1,482
purchase, repurchase, remarket, and index bonds, investment 1,483
agreements, certificates of deposit, and other arrangements, 1,484
agreements, and instruments related to the security for, or 1,485
application or investment of funds pertaining to, the bonds, and 1,486
pay any premiums or other consideration therefor from the 1,487
proceeds of bonds or other revenues; 1,488
(E) Contract for the administration, origination, and 1,490
servicing of loans; 1,491
(F) Contract with, retain, or designate financial 1,493
consultants, accountants, and such other consultants and 1,494
independent contractors as the agency may determine to be 1,495
necessary or appropriate to carry out the purposes of this 1,496
chapter and to fix the terms thereof; 1,497
(G) Subject to the rights of holders of bonds, collect, 1,499
enforce the collection of, and foreclose on any collateral 1,500
securing loans and acquire or take possession of such collateral 1,501
and sell the same at public or private sale, and otherwise deal 1,502
with such collateral as may be necessary to protect the interest 1,503
of the agency and the holders of bonds; 1,504
(H) Subject to the rights of holders of bonds, consent to 1,506
any modification with respect to the rate of interest, time of 1,507
payment of any installment of principal or interest, security or 1,508
other term of any loan or commitment therefor or agreement of any 1,509
kind to which the agency is a party or beneficiary; 1,510
(I) Charge, alter, and collect fees, interest rates, or 1,512
other charges for loans, allocation of loan funds, purchases of 1,513
mortgage loans, processing services, or other services; 1,514
(J) Undertake and carry out or authorize the completion of 1,516
studies and analyses of housing conditions and needs within the 1,517
state relevant to the purpose of this chapter to the extent not 1,518
otherwise undertaken by other departments or agencies of the 1,519
38
state satisfactory for such purpose; 1,520
(K) Acquire by gift, purchase, foreclosure, or other 1,522
means, and hold, assign, pledge, lease, transfer, or otherwise 1,523
dispose of real and personal property, or any interest therein, 1,524
in the exercise of its powers and the performance of its duties 1,525
under this chapter; 1,526
(L) Receive and accept gifts, grants, loans, or any other 1,528
financial or other form of aid from any federal, state, local, or 1,529
private agency or fund and enter into any contract with any such 1,530
agency or fund in connection therewith, and receive and accept 1,531
aid or contributions from any other source of money, property, 1,532
labor or things of value, to be held, used, and applied only for 1,533
the purposes for which such grants and contributions are made, 1,534
all within the purposes of this chapter; 1,535
(M) Sue and be sued in its own name with respect to its 1,537
contracts or to enforce this chapter or its obligations or 1,538
covenants made under this chapter; 1,539
(N) Make and enter into all contracts, commitments, and 1,541
agreements, and execute all instruments necessary or incidental 1,542
to the performance of its duties and the execution of its powers 1,543
under this chapter; 1,544
(O) Adopt an official seal; 1,546
(P) In exercising its powers under this chapter, do all of 1,548
the following: 1,549
(1) Make noninterest-bearing advances or commitments 1,551
therefor from the housing development fund and from any other 1,552
sources available for that purpose, but not from the proceeds of 1,553
bonds to sponsors to pay those expenses which are necessary and 1,554
proper in connection with the preparation of applications for 1,555
financial assistance for housing developments, which may include 1,556
payments for options to purchase proposed housing development 1,557
sites, deposits on purchase contracts, payments for the purchase 1,558
of development sites, legal, organizational, and marketing 1,559
expenses, project manager and clerical staff salaries, office 1,560
39
rent, fees for preliminary feasibility studies, planning, 1,561
engineering, and architectural work, application and other fees 1,562
of federal, state, and local agencies. Advances shall be repaid 1,563
and in the event a mortgage loan or other permanent financing 1,564
becomes available to the recipient, whether from the agency or 1,565
any other source, for the cost of the housing development, the 1,566
advance shall be repaid in full to the agency out of such 1,567
proceeds. No advances shall be made unless the agency may 1,568
reasonably anticipate that assisted mortgage financing will be 1,569
obtained for the permanent financing of the development. 1,570
(2) Guarantee the repayment or make commitments to 1,572
guarantee the repayment of a loan or any part of a loan to a 1,573
sponsor, homeowner, or private developer from the agency or any 1,574
approved lender for paying the costs of the development of 1,575
housing for low and moderate income families or for financing 1,576
mortgages for housing for elderly and low or moderate income 1,577
families. The agency may enter into contracts with any lender or 1,578
borrower upon such terms and conditions as it may agree upon with 1,579
the lender or borrower to provide for the administration of the 1,580
loan guaranteed by the agency including applications and terms 1,581
for repayment. A loan so guaranteed shall be declared in default 1,582
after the expiration of a period of nonpayment prescribed by the 1,583
agency. The lender may then apply for payment of the loan or of 1,584
that portion of the loan which is in default. Upon determination 1,585
by the agency that the loan or portion of a loan is in default, 1,586
the agency shall pay from the housing guarantee fund created by 1,587
division (C) of section 175.10 of the Revised Code that amount 1,588
that was subject to guarantee by the agency. 1,589
(3) Use the reserve funds of the agency that are not 1,591
raised by taxation and that are not otherwise obligated for debt 1,592
service to guarantee single family mortgage revenue bonds issued 1,593
by the agency.
(4) Make, undertake commitments to make, and participate 1,595
in the making of mortgage loans, including without limitation 1,596
40
federally insured mortgage loans, and to make temporary loans and 1,597
advances in anticipation of permanent mortgage loans to sponsors, 1,598
homeowners, and private developers to finance the construction or 1,599
rehabilitation of housing developments; provided, however, that 1,600
such loans shall be made only upon the determination by the 1,601
agency that mortgage loans are not otherwise available, wholly or 1,602
in part, from private lenders upon reasonably equivalent terms 1,603
and conditions; 1,604
(5) Provide such technical information, advice, and 1,606
assistance, on obtaining federal and state aid, as will encourage 1,607
or assist the planning, construction, rehabilitation, and 1,608
operation of housing for low and moderate income persons to 1,609
sponsors, homeowners, and private developers. For those 1,610
sponsors, homeowners, and private developers who may be eligible 1,611
for, or who obtain, financial assistance from the agency, or a 1,612
mortgage loan made by a lender under terms and conditions 1,613
established and enforced by the agency, the agency may provide 1,614
information, assistance, or instruction concerning agency 1,615
programs, eligibility requirements, application procedures, and 1,616
other such matters. The costs of such assistance may be paid 1,617
from any sources available to the agency for that purpose, but 1,618
not from the proceeds of bonds. 1,619
(6) Determine income limits for low and moderate income 1,621
persons and establish periodic reviews of income limits, which 1,622
income limits may vary from area to area within the state and 1,623
shall be based upon the factors enumerated in division (G) of 1,624
section 175.01 of the Revised Code; 1,625
(7) Establish, and close out such funds as would be 1,627
convenient and appropriate for the carrying out of the purposes 1,628
of Chapter 175. of the Revised Code; 1,629
(8) Invest in, purchase, and take assignments from lenders 1,631
of notes and mortgage loans including federally insured mortgage 1,632
loans or participations with lenders in such notes and mortgage 1,633
loans for the construction, rehabilitation, purchase, leasing, or 1,634
41
refinancing of housing developments in this state upon the terms 1,635
set forth in section 175.05 of the Revised Code; 1,636
(9) Sell at public or private sale, any mortgage or 1,638
mortgage backed securities held by the agency. 1,639
(Q) Do any and all things necessary or appropriate to 1,641
carry out the purposes and exercise the powers granted in this 1,642
chapter and the purposes of Section 14 of Article VIII, Ohio 1,643
Constitution. 1,644
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 1,646
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 1,647
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 1,648
5301.012 OF THE REVISED CODE.
Sec. 319.201. Whenever the state or any political 1,657
subdivision thereof acquires an easement, right, title, or 1,658
interest in a parcel or part of a parcel of real property, either 1,659
by deed of purchase or by order of court, upon which parcel of 1,660
real property the lien for taxes has attached under section 1,661
323.11 or 5727.06 of the Revised Code, the state agency or 1,662
political subdivision acquiring such real property shall file 1,663
evidence of title by purchase or by court order with the county 1,664
auditor of the county in which such property is located. Such 1,665
evidence of title shall contain a reference to the volume and 1,666
page of the recording of the next preceding recorded instrument 1,667
by or through which the grantor or previous property owner 1,668
acquired or claims title. Such evidence of title shall be 1,669
endorsed by the county auditor as provided in section 317.22 of 1,670
the Revised Code, and recorded as other instruments of conveyance 1,671
are recorded. ANY EVIDENCE OF TITLE TO REAL PROPERTY THAT THE 1,672
STATE OR AN AGENCY OF THE STATE FILES PURSUANT TO THIS SECTION 1,673
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND 1,674
BENEFIT OF THE PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE 1,675
REVISED CODE.
All taxes appearing on the current tax duplicate as owing 1,677
on such transferred parcel or part of parcel of real property 1,678
42
shall be due and payable as of the date of transfer or 1,679
acquisition of easement, right, or interest whichever is later. 1,680
Whenever said easement, right, or interest has been 1,682
acquired in a parcel or part of a parcel of real property after 1,683
the lien for taxes has attached and the taxes for said tax lien 1,684
year have not been determined, assessed, and levied for that 1,685
year, the county auditor, upon application of the grantee or the 1,686
grantor or property owner, shall make an estimate of the taxes 1,687
that will be assessed and levied against said parcel for the tax 1,688
lien year. 1,689
If the grantor or property owner has transferred only a 1,691
part of the parcel by easement, right, or interest in or to such 1,692
part of the parcel of real property to the state or a political 1,693
subdivision thereof, the county auditor shall apportion the tax 1,694
valuation of the parcel of real property proportionately between 1,695
the part acquired by the state or the political subdivision and 1,696
the residue remaining with the grantor. If such tax valuation of 1,697
the residue remaining with the property owner is sufficient to 1,698
support the taxes that are a lien or that are due and payable, 1,699
the lien for taxes shall attach to the residue part of the 1,700
parcel. If such apportioned assessed valuation of the part of 1,701
the parcel remaining with the grantor or property owner is not 1,702
sufficient to support the taxes on the parcel that are due and 1,703
payable and the proportionate amount of the estimated taxes that 1,704
are a lien but not determined, assessed, and levied, such taxes 1,705
shall immediately be due and payable; provided, that the grantor 1,706
or property owner shall be liable only for that portion of the 1,707
estimated taxes, for the period of the tax lien year preceding 1,708
the transfer or conveyance of the property to the state or the 1,709
political subdivision. 1,710
This section does not change the total amount of taxes, 1,712
special assessments, or other charges as originally levied, or 1,713
the total amount of the balance due. The auditor shall certify 1,714
such apportionments to the county treasurer. 1,715
43
Section 319.42 of the Revised Code applies to the 1,717
apportionment of special assessments. 1,718
Upon presentation of the executed instrument of conveyance 1,720
of an easement or the order of court conveying or granting such 1,721
an easement for highway purposes together with evidence or proof 1,722
showing that the proportionate amount of taxes, penalties, and 1,723
interest charged against the part of the whole parcel over which 1,724
the easement attaches and the proportionate amount of estimated 1,725
taxes to be levied and assessed against the part of the parcel 1,726
acquired for highway purposes have been paid or provision made 1,727
for the payment thereof, the county auditor shall reduce the tax 1,728
valuation of the parcel to reflect the value of the part or 1,729
portion used or occupied as a public highway in accordance with 1,730
section 5713.04 of the Revised Code. 1,731
The lien for taxes shall thereupon be extinguished as to 1,733
that part or portion acquired and used for public highway 1,734
purposes. 1,735
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 1,737
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 1,738
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 1,739
5301.012 OF THE REVISED CODE.
Sec. 901.63. (A) The agricultural financing commission 1,748
shall do both of the following until June 30, 1999: 1,749
(1) Make recommendations to the director of agriculture 1,751
about financial assistance applications made pursuant to sections 1,753
901.80 to 901.83 of the Revised Code. In making its 1,754
recommendations, the commission shall utilize criteria 1,755
established by rules adopted under division (A)(8)(b) of section 1,756
901.82 of the Revised Code. 1,757
(2) Advise the director in the administration of sections 1,759
901.80 to 901.83 of the Revised Code. 1,760
With respect to sections 901.80 to 901.83 of the Revised 1,763
Code, the role of the commission is solely advisory. No officer, 1,764
member, or employee of the commission is liable for damages in a 1,765
44
civil action for any injury, death, or loss to person or property 1,766
that allegedly arises out of purchasing any loan or providing a 1,767
loan guarantee, failure to purchase a loan or provide a loan 1,768
guarantee, or failure to take action under sections 901.80 to 1,769
901.83 of the Revised Code, or that allegedly arises out of any 1,770
act or omission of the department of agriculture that involves 1,771
those sections. 1,772
(B) The commission may: 1,774
(1) Adopt bylaws for the conduct of its business; 1,776
(2) Exercise all rights, powers, and duties conferred on 1,778
the commission as an issuer under Chapter 902. of the Revised 1,779
Code; 1,780
(3) Contract with, retain, or designate financial 1,782
consultants, accountants, and such other consultants and 1,783
independent contractors as the commission may determine to be 1,784
necessary or appropriate to carry out the purposes of this 1,785
chapter and to fix the terms of those contracts; 1,786
(4) Undertake and carry out or authorize the completion of 1,788
studies and analyses of agricultural conditions and needs within 1,789
the state relevant to the purpose of this chapter to the extent 1,790
not otherwise undertaken by other departments or agencies of the 1,791
state satisfactory for such purpose; 1,792
(5) Acquire by gift, purchase, foreclosure, or other 1,794
means, and hold, assign, pledge, lease, transfer, or otherwise 1,795
dispose of real and personal property, or any interest in that 1,797
real and personal property, in the exercise of its powers and the 1,798
performance of its duties under this chapter and Chapter 902. of 1,799
the Revised Code;
(6) Receive and accept gifts, grants, loans, or any other 1,801
financial or other form of aid from any federal, state, local, or 1,802
private agency or fund and enter into any contract with any such 1,803
agency or fund in connection therewith, and receive and accept 1,804
aid or contributions from any other source of money, property, 1,805
labor or things of value, to be held, used, and applied only for 1,806
45
the purposes for which such grants and contributions are made, 1,807
all within the purposes of this chapter and Chapter 902. of the 1,808
Revised Code; 1,809
(7) Sue and be sued in its own name with respect to its 1,811
contracts or to enforce this chapter or its obligations or 1,812
covenants made under this chapter and Chapter 902. of the Revised 1,813
Code; 1,814
(8) Make and enter into all contracts, commitments, and 1,816
agreements, and execute all instruments necessary or incidental 1,817
to the performance of its duties and the execution of its powers 1,818
under this chapter and Chapter 902. of the Revised Code; 1,819
(9) Adopt an official seal; 1,821
(10) Do any and all things necessary or appropriate to 1,823
carry out the public purposes and exercise the powers granted to 1,824
the commission in this chapter and Chapter 902. of the Revised 1,825
Code and the public purposes of Section 13 of Article VIII, Ohio 1,826
Constitution. 1,827
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 1,829
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 1,830
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 1,831
5301.012 OF THE REVISED CODE.
Sec. 902.03. Section 13 of Article VIII, Ohio 1,840
Constitution, is in part implemented by this chapter in 1,841
furtherance of the public purposes of the state to create or 1,842
preserve jobs and employment opportunities or to improve the 1,843
economic welfare of the people of the state. Any issuer acting 1,844
through its issuing authority may in accordance with Section 13 1,845
of Article VIII, Ohio Constitution: 1,846
(A) Acquire by gift or purchase and hold and mortgage real 1,848
estate and interests therein and personal property to be used as 1,849
a project; 1,850
(B) Purchase, construct, reconstruct, enlarge, improve, 1,852
furnish, and equip and lease, sell, exchange, and otherwise 1,853
dispose of projects including, without limitation, the sale of 1,854
46
projects by conditional or installment sale under which title may 1,855
pass prior to or after completion of construction of a project or 1,856
payment or provision for payment of all principal of, premium, if 1,857
any, and interest on the bonds, or at any other time provided in 1,858
the agreement pertaining to such sale, and including sale under 1,859
an option to purchase upon agreed terms which may include a price 1,860
which may be a nominal amount or less than true value at the time 1,861
of purchase; 1,862
(C) Issue its bonds pursuant to a composite financing 1,864
arrangement or otherwise to provide funds, by loans or otherwise, 1,865
for acquiring, constructing, reconstructing, enlarging, 1,866
improving, furnishing, or equipping one or more projects or parts 1,867
thereof; 1,868
(D) Subject to division (D)(1) of section 902.04 of the 1,870
Revised Code, issue its bonds pursuant to a composite financing 1,871
arrangement for a group of loans submitted by or through a single 1,872
lending institution, or with credit enhancement from a single 1,873
lending institution or other person, to provide funds for 1,874
acquiring, constructing, reconstructing, enlarging, improving, 1,875
furnishing, or equipping one or more projects or parts thereof; 1,876
(E) Make loans for the acquisition, construction, 1,878
reconstruction, enlargement, improvement, furnishing, or 1,879
equipping of projects upon such terms as the issuing authority 1,880
may determine or authorize, including secured or unsecured loans, 1,881
and, in connection therewith, enter into loan agreements and 1,882
other agreements, accept notes or other forms of obligation to 1,883
evidence such indebtedness and security interests to secure such 1,884
indebtedness, and take such action as may be considered by it 1,885
appropriate to protect such security and safeguard against 1,886
losses, including without limitation, foreclosure and the bidding 1,887
upon and purchase of property upon foreclosure or other sale; 1,888
(F) Enter into contracts and execute all instruments 1,890
necessary or appropriate to carry out the purposes of this 1,891
chapter; 1,892
47
(G) Fix, alter, and collect rentals and other charges for 1,894
the use and occupancy of a project and lease the project to 1,895
others, including a contract with, or the granting of an option 1,896
to the lessee to purchase the project for such price as the 1,897
issuing authority in its sole discretion determines to be 1,898
appropriate, after retirement or redemption, or provision 1,899
therefor, of all the bonds of the issuer issued to provide funds 1,900
for the project; 1,901
(H) Retain, contract with, or employ and fix the 1,903
compensation of financial consultants, appraisers, accounting 1,904
experts, architects, engineers, and other employees, agents, and 1,905
independent contractors as are necessary in the judgment of the 1,906
issuing authority to carry out the provisions of this chapter; 1,907
(I) Pledge, assign, hypothecate, or otherwise encumber as 1,909
security for the bonds, the rentals, revenues, and other income, 1,910
charges, and moneys realized from the use, lease, sale, or other 1,911
disposition of one or more projects or parts thereof as may be 1,912
designated in the bond proceedings and enter into trust 1,913
agreements or indentures of mortgage for the benefit of 1,914
bondholders; 1,915
(J) Enter into appropriate arrangements with any federal 1,917
or state department or agency, county, township, municipal 1,918
corporation, or other political subdivision, taxing district or 1,919
public body or agency for the planning and installation of 1,920
streets, roads, alleys, water supply and distribution facilities, 1,921
storm and sanitary sewage collection and disposal facilities, and 1,922
other necessary appurtenances to a project; 1,923
(K) Purchase fire and extended coverage and liability 1,925
insurance for a project, insurance protecting the issuer and its 1,926
officers and employees against liability for damage to property 1,927
or injury to or death of persons arising from the project, and 1,928
any other insurance the issuer may agree to provide under the 1,929
bond proceedings; 1,930
(L) Sell, lease, release, or otherwise dispose of real and 1,932
48
personal property or interests therein, or a combination thereof, 1,933
acquired by the issuer under authority of this chapter, and grant 1,934
such easements and other rights in, over, under, or across a 1,935
project as will not interfere with its use of such property, 1,936
which sale, lease, release, disposition, or grant may be made 1,937
without competitive bidding and in such manner and for such 1,938
consideration as the issuing authority in its judgment deems 1,939
appropriate; 1,940
(M) Purchase and contract to purchase loans or other 1,942
evidence of debt from, and make and contract to make loans to or 1,943
through lending institutions; 1,944
(N) Procure or require the procurement of insurance 1,946
against any loss in connection with its operations, including 1,947
without limitation the repayment of any loan, in such amount and 1,948
from such insurers, including without limitation, the federal 1,949
government, and pay any premiums therefor; 1,950
(O) Arrange for guarantees of its bonds by the federal 1,952
government or by any private insurer or others, and contract, 1,953
arrange for, make, or obtain letters of credit, agreements to 1,954
purchase, repurchase, remarket, and index bonds, investment 1,955
agreements, certificates of deposit, and other arrangements, 1,956
agreements, and instruments related to the security for, or 1,957
application or investment of funds pertaining to, bonds and pay 1,958
any premiums or other consideration therefor from the proceeds of 1,959
bonds or other revenues; 1,960
(P) Enter into reimbursement agreements, credit 1,962
agreements, escrow agreements and such other contracts and 1,963
agreements as appropriate, do all things necessary or appropriate 1,964
and permitted by law to carry out such agreements, arrangements, 1,965
and contracts, including the issuance of bonds in consideration 1,966
of advances made under such agreements, arrangements, and 1,967
contracts, and assign or direct the assignment of the right of 1,968
the issuer with respect to such credit facilities and authorize 1,969
its designated agents to draw upon such credit facilities; 1,970
49
(Q) Contract for the administration, origination, and 1,972
servicing of loans and determine rates, fees, charges, and other 1,973
terms and conditions in connection therewith; 1,974
(R) Subject to the rights of holders of bonds, collect, 1,976
enforce the collection of, and foreclose on any collateral 1,977
securing loans and acquire or take possession of such collateral 1,978
and sell the same at public or private sale, and otherwise deal 1,979
with such collateral as may be necessary to protect the interests 1,980
of the issuer and the holders of bonds; 1,981
(S) Subject to the rights of holders of bonds, consent to 1,983
any modification with respect to the rate of interest, time of 1,984
payment or any installment of principal or interest, security or 1,985
other term of any loan or commitment therefor or agreement of any 1,986
kind to which the issuer is a party or beneficiary; 1,987
(T) Fix, charge, alter, and collect fees, interest rates, 1,989
or other charges on bonds, loans, the allocation of loan funds, 1,990
purchases of mortgage loans, processing services, or other 1,991
services; 1,992
(U) Do all other acts necessary or appropriate to carry 1,994
out the public purposes of Section 13 of Article VIII, Ohio 1,995
Constitution and this chapter. 1,996
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 1,998
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 1,999
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,000
5301.012 OF THE REVISED CODE.
Sec. 991.07. The Ohio expositions commission may, with the 2,009
consent and approval of the department of administrative services 2,010
and the controlling board, acquire by purchase or by 2,011
appropriation proceedings in the name of and on behalf of the 2,012
state such real estate as it deems necessary for the purpose of 2,013
enlarging the present fair site and increasing the facilities of
the lands under the management or maintenance of the commission. 2,014
The authority to appropriate property shall be exercised in the 2,015
manner provided in sections 163.01 to 163.22 of the Revised Code. 2,016
50
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,018
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,019
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,020
5301.012 OF THE REVISED CODE.
Sec. 1501.01. Except where otherwise expressly provided, 2,029
the director of natural resources shall formulate and institute 2,030
all the policies and programs of the department of natural 2,031
resources. The chief of any division of the department shall not 2,032
enter into any contract, agreement, or understanding unless it is 2,033
approved by the director. 2,034
The director shall correlate and coordinate the work and 2,036
activities of the divisions in his THE department to eliminate 2,037
unnecessary duplications of effort and overlapping of functions. 2,038
The chiefs of the various divisions of the department shall meet 2,039
with the director at least once each month at a time and place 2,040
designated by the director. 2,041
The director may create advisory boards to any of those 2,043
divisions in conformity with section 121.13 of the Revised Code. 2,044
The director may accept and expend gifts, devises, and 2,046
bequests of money, lands, and other properties on behalf of the 2,047
department or any division thereof under the terms set forth in 2,048
section 9.20 of the Revised Code. Any political subdivision of 2,049
this state may make contributions to the department for the use 2,050
of the department or any division therein according to the terms 2,051
of the contribution. 2,052
The director may publish and sell or otherwise distribute 2,054
data, reports, and information. 2,055
The director shall adopt rules in accordance with Chapter 2,057
119. of the Revised Code to permit the department to accept by 2,058
means of a credit card the payment of fees, charges, and rentals 2,059
at those facilities described in section 1501.07 of the Revised 2,060
Code that are operated by the department, for any data, reports, 2,061
or information sold by the department, and for any other goods or 2,062
services provided by the department. 2,063
51
Whenever authorized by the governor to do so, the director 2,065
may appropriate property for the uses and purposes authorized to 2,066
be performed by the department and on behalf of any division 2,067
within the department. This authority shall be exercised in the 2,068
manner provided in sections 163.01 to 163.22 of the Revised Code 2,069
for the appropriation of property by the director of 2,070
administrative services. This authority to appropriate property 2,071
is in addition to the authority provided by law for the 2,072
appropriation of property by divisions of the department. The 2,073
director of natural resources also may acquire by purchase, 2,074
lease, or otherwise such real and personal property rights or 2,075
privileges in the name of the state as are necessary for the 2,076
purposes of the department or any division therein. The 2,077
director, with the approval of the governor and the attorney 2,078
general, may sell, lease, or exchange portions of lands or 2,079
property, real or personal, of any division of the department or 2,080
grant easements or licenses for the use thereof, or enter into 2,081
agreements for the sale of water from lands and waters under the 2,082
administration or care of the department or any of its divisions, 2,083
when the sale, lease, exchange, easement, agreement, or license 2,084
for use is advantageous to the state, provided that such approval 2,085
is not required for leases and contracts made under sections 2,086
1501.07, 1501.09, 1507.12, or 1520.03 or Chapter 1523. of the 2,087
Revised Code. Water may be sold from a reservoir only to the 2,088
extent that the reservoir was designed to yield a supply of water 2,089
for a purpose other than recreation or wildlife, and the water 2,090
sold is in excess of that needed to maintain the reservoir for 2,091
purposes of recreation or wildlife. 2,092
Money received from such sales, leases, easements, 2,094
exchanges, agreements, or licenses for use, except revenues 2,095
required to be set aside or paid into depositories or trust funds 2,096
for the payment of bonds issued under sections 1501.12 to 1501.15 2,097
of the Revised Code, and to maintain the required reserves 2,098
therefor as provided in the orders authorizing the issuance of 2,099
52
such bonds or the trust agreements securing such bonds, revenues 2,100
required to be paid and credited pursuant to the bond proceeding 2,101
applicable to obligations issued pursuant to section 154.22, and 2,102
revenues generated under section 1520.05 of the Revised Code, 2,103
shall be deposited in the state treasury to the credit of the 2,104
fund of the division of the department having prior jurisdiction 2,105
over the lands or property. If no such fund exists, the money 2,106
shall be credited to the general revenue fund. All such money 2,107
received from lands or properties administered by the division of 2,108
wildlife shall be credited to the wildlife fund. 2,109
The director shall provide for the custody, safekeeping, 2,111
and deposit of all moneys, checks, and drafts received by the 2,112
department or its employees prior to paying them to the treasurer 2,113
of state under section 113.08 of the Revised Code. 2,114
The director shall cooperate with the nature conservancy, 2,116
other nonprofit organizations, and the United States fish and 2,117
wildlife service in order to secure protection of islands in the 2,118
Ohio river and the wildlife and wildlife habitat of those 2,119
islands. 2,120
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,122
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,123
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,124
5301.012 OF THE REVISED CODE.
Sec. 1514.301. ANY INSTRUMENT BY WHICH REAL PROPERTY IS 2,126
ACQUIRED PURSUANT TO SECTION 1514.30 OF THE REVISED CODE SHALL 2,127
IDENTIFY ANY AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF 2,128
THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED 2,129
CODE.
Sec. 1515.08. The supervisors of a soil and water 2,138
conservation district have the following powers in addition to 2,139
their other powers: 2,140
(A) To conduct surveys, investigations, and research 2,142
relating to the character of soil erosion, floodwater and 2,143
sediment damages, and the preventive and control measures and 2,144
53
works of improvement for flood prevention and the conservation, 2,145
development, utilization, and disposal of water needed within the 2,146
district, and to publish the results of those surveys, 2,147
investigations, or research, provided that no district shall 2,148
initiate any research program except in cooperation or after 2,149
consultation with the Ohio agricultural research and development 2,150
center; 2,151
(B) To develop plans for the conservation of soil 2,153
resources, for the control and prevention of soil erosion, and 2,154
for works of improvement for flood prevention and the 2,155
conservation, development, utilization, and disposal of water 2,156
within the district, and to publish those plans and information; 2,157
(C) To implement, construct, repair, maintain, and operate 2,159
preventive and control measures and other works of improvement 2,160
for natural resource conservation and development and flood 2,161
prevention, and the conservation, development, utilization, and 2,162
disposal of water within the district on lands owned or 2,163
controlled by this state or any of its agencies and on any other 2,164
lands within the district, which works may include any facilities 2,165
authorized under state or federal programs, and to acquire, by 2,166
purchase or gift, to hold, encumber, or dispose of, and to lease 2,167
real and personal property or interests in such property for 2,168
those purposes; 2,169
(D) To cooperate or enter into agreements with any 2,171
occupier of lands within the district in the carrying on of 2,172
natural resource conservation operations and works of improvement 2,173
for flood prevention and the conservation, development, 2,174
utilization, and management of natural resources within the 2,175
district, subject to such conditions as the supervisors consider 2,176
necessary; 2,177
(E) To accept donations, gifts, grants, and contributions 2,179
in money, service, materials, or otherwise, and to use or expend 2,180
them according to their terms; 2,181
(F) To adopt, amend, and rescind rules to carry into 2,183
54
effect the purposes and powers of the district; 2,184
(G) To sue and plead in the name of the district, and be 2,186
sued and impleaded in the name of the district, with respect to 2,187
its contracts and, as indicated in section 1515.081 of the 2,188
Revised Code, certain torts of its officers, employees, or agents 2,189
acting within the scope of their employment or official 2,190
responsibilities, or with respect to the enforcement of its 2,191
obligations and covenants made under this chapter; 2,192
(H) To make and enter into all contracts, leases, and 2,194
agreements and execute all instruments necessary or incidental to 2,195
the performance of the duties and the execution of the powers of 2,196
the district under this chapter, provided that all of the 2,197
following apply: 2,198
(1) Except as provided in section 307.86 of the Revised 2,200
Code regarding expenditures by boards of county commissioners, 2,201
when the cost under any such contract, lease, or agreement, other 2,203
than compensation for personal services or rental of office 2,204
space, involves an expenditure of more than the amount
established in that section regarding expenditures by boards of 2,206
county commissioners, the supervisors shall make a written
contract with the lowest and best bidder after advertisement, for 2,208
not less than two nor more than four consecutive weeks preceding 2,209
the day of the opening of bids, in a newspaper of general 2,210
circulation within the district and in such other publications as 2,211
the supervisors determine. The notice shall state the general 2,212
character of the work and materials to be furnished, the place 2,213
where plans and specifications may be examined, and the time and 2,214
place of receiving bids. 2,215
(2) Each bid for a contract shall contain the full name of 2,217
every person interested in it; 2,218
(3) Each bid for a contract for the construction, 2,220
demolition, alteration, repair, or reconstruction of an 2,221
improvement shall meet the requirements of section 153.54 of the 2,222
Revised Code; 2,223
55
(4) Each bid for a contract, other than a contract for the 2,225
construction, demolition, alteration, repair, or reconstruction 2,226
of an improvement, at the discretion of the supervisors, may be 2,227
accompanied by a bond or certified check on a solvent bank in an 2,228
amount not to exceed five per cent of the bid, conditioned that, 2,229
if the bid is accepted, a contract shall be entered into; 2,230
(5) The supervisors may reject any and all bids. 2,232
(I) To make agreements with the department of natural 2,234
resources giving it control over lands of the district for the 2,235
purpose of construction of improvements by the department under 2,236
section 1501.011 of the Revised Code; 2,237
(J) To charge, alter, and collect rentals and other 2,239
charges for the use or services of any works of the district; 2,240
(K) To enter, either in person or by designated 2,242
representatives, upon lands, private or public, in the necessary 2,243
discharge of their duties; 2,244
(L) To enter into agreements or contracts with the 2,246
department for the determination, implementation, inspection, and 2,247
funding of agricultural pollution abatement and urban sediment 2,248
pollution abatement measures whereby landowners, operators, 2,249
managers, and developers may meet adopted state standards for a 2,250
quality environment, except that failure of a district board of 2,251
supervisors to negotiate an agreement or contract with the 2,252
department shall authorize the division of soil and water 2,253
conservation to implement the required program; 2,254
(M) To conduct demonstrations and provide information to 2,256
the public regarding practices and methods for natural resource 2,257
conservation, development, and utilization; 2,258
(N) Until June 1, 1996, to conduct surveys and 2,260
investigations relating to the incidence of the multiflora rose 2,261
within the district and of the nature and extent of the adverse 2,262
effects of the multiflora rose on agriculture, forestry, 2,263
recreation, and other beneficial land uses; 2,264
(O) Until June 1, 1996, to develop plans for the control 2,266
56
of the multiflora rose within the district and to publish those 2,267
plans and information related to control of the multiflora rose; 2,268
(P) Until June 1, 1996, to enter into contracts or 2,270
agreements with the chief of the division of soil and water 2,271
conservation to implement and administer a program for control of 2,272
the multiflora rose and to receive and expend funds provided by 2,273
the chief for that purpose; 2,274
(Q) Until June 1, 1996, to enter into cost-sharing 2,276
agreements with landowners for control of the multiflora rose. 2,277
Before entering into any such agreement, the board of supervisors 2,278
shall determine that the landowner's application meets the 2,279
eligibility criteria established under division (E)(6) of section 2,280
1511.02 of the Revised Code. The cost-sharing agreements shall 2,281
contain the contract provisions required by the rules adopted 2,282
under that division and such other provisions as the board of 2,283
supervisors considers appropriate to ensure effective control of 2,284
the multiflora rose. 2,285
(R) To enter into contracts or agreements with the chief 2,287
to implement and administer a program for urban sediment 2,288
pollution abatement and to receive and expend moneys provided by 2,289
the chief for that purpose; 2,290
(S) To develop operation and management plans, as defined 2,292
in section 1511.01 of the Revised Code, as necessary; 2,293
(T) To determine whether operation and management plans 2,295
developed under division (A) of section 1511.021 of the Revised 2,296
Code comply with the standards established under division (E)(1) 2,297
of section 1511.02 of the Revised Code and to approve or 2,298
disapprove the plans, based on such compliance. If an operation 2,299
and management plan is disapproved, the board shall provide a 2,300
written explanation to the person who submitted the plan. The 2,301
person may appeal the plan disapproval to the chief, who shall 2,302
afford the person a hearing. Following the hearing, the chief 2,303
shall uphold the plan disapproval or reverse it. If the chief 2,304
reverses the plan disapproval, the plan shall be deemed approved 2,305
57
under this division. In the event that any person operating or 2,306
owning agricultural land or a concentrated animal feeding 2,307
operation in accordance with an approved operation and management 2,308
plan who, in good faith, is following that plan, causes 2,309
agricultural pollution, the plan shall be revised in a fashion 2,310
necessary to mitigate the agricultural pollution, as determined 2,311
and approved by the board of supervisors of the soil and water 2,312
conservation district. 2,313
(U) With regard to composting conducted in conjunction 2,315
with agricultural operations, to do all of the following: 2,316
(1) Upon request or upon their own initiative, inspect 2,318
composting at any such operation to determine whether the 2,319
composting is being conducted in accordance with section 1511.022 2,320
of the Revised Code; 2,321
(2) If the board determines that composting is not being 2,323
so conducted, request the chief to issue an order under division 2,324
(H) of section 1511.02 of the Revised Code requiring the person 2,325
who is conducting the composting to prepare a composting plan in 2,326
accordance with rules adopted under division (E)(10)(c) of that 2,327
section and to operate in accordance with that plan or to operate 2,328
in accordance with a previously prepared plan, as applicable; 2,329
(3) In accordance with rules adopted under division 2,331
(E)(10)(c) of section 1511.02 of the Revised Code, review and 2,332
approve or disapprove any such composting plan. If a plan is 2,333
disapproved, the board shall provide a written explanation to the 2,334
person who submitted the plan. 2,335
As used in division (U) of this section, "composting" has 2,338
the same meaning as in section 1511.01 of the Revised Code.
(V) To do all acts necessary or proper to carry out the 2,340
powers granted in this chapter. 2,341
The director of natural resources shall make 2,343
recommendations to reduce the adverse environmental effects of 2,344
each project that a soil and water conservation district plans to 2,345
undertake under division (A), (B), (C), or (D) of this section 2,346
58
and that will be funded in whole or in part by moneys authorized 2,347
under section 1515.16 of the Revised Code and shall disapprove 2,348
any such project that the director finds will adversely affect 2,350
the environment without equal or greater benefit to the public. 2,351
The director's disapproval or recommendations, upon the request 2,352
of the district filed in accordance with rules adopted by the 2,353
Ohio soil and water conservation commission, shall be reviewed by 2,354
the commission, which may confirm the director's decision, modify 2,355
it, or add recommendations to or approve a project the director 2,356
has disapproved. 2,357
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,359
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,360
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,361
5301.012 OF THE REVISED CODE.
Sec. 1517.17. The chief of the division of natural areas 2,370
and preserves may administer federal financial assistance 2,372
programs for wild, scenic, and recreational river areas.
The director of natural resources may make a lease or 2,374
agreement with a political subdivision to administer all or part 2,376
of a wild, scenic, or recreational river area.
The director may acquire real property or any estate, 2,378
right, or interest therein for protection and public recreational 2,379
use as a wild, scenic, or recreational river area. 2,380
The chief may expend funds for the acquisition, protection, 2,382
construction, maintenance, and administration of real property 2,383
and public use facilities in wild, scenic, or recreational river 2,384
areas when the funds are so appropriated by the general assembly. 2,385
The chief may condition such expenditures, acquisition of land or 2,386
easements, or construction of facilities within a wild, scenic, 2,387
or recreational river area upon adoption and enforcement of
adequate floodplain zoning rules. 2,388
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,390
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,391
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,392
59
5301.012 OF THE REVISED CODE.
Sec. 1519.02. The director of natural resources may 2,401
acquire real property or any estate, right, or interest therein 2,402
for the purpose of establishing, protecting, and maintaining any 2,403
state recreational trail. The director may appropriate real 2,404
property or any estate, right, or interest therein for trail
purposes only along a canal, watercourse, stream, existing or 2,405
abandoned road, highway, street, logging road, railroad, or ridge 2,406
or other landform or topographic feature particularly suited for 2,407
nonmotorized vehicular recreational use, and may not appropriate 2,408
more than twenty-five acres including land purchased with or 2,409
without appropriation proceedings along any mile of trail. Any 2,410
state department or agency or any political subdivision may 2,411
transfer real property or any estate, right, or interest therein
to the director for such purpose, or may enter into an agreement 2,412
with the director for the establishment, protection, and 2,413
maintenance of a trail. The director may transfer real property 2,414
or any estate, right, or interest therein to any political 2,415
subdivision pursuant to an agreement whereby the political
subdivision maintains and protects a trail. The director may 2,416
enter into agreements with private organizations or with agencies 2,417
of the United States to provide for maintenance of any trail or 2,418
section thereof. He THE DIRECTOR shall provide campsites, 2,420
shelters, footbridges, water, sanitary, watercraft launching, and
other facilities for recreational use, nature and historical 2,421
interpretation, and administration of the state trails system. 2,422
He THE DIRECTOR may cooperate with the director of highways 2,424
TRANSPORTATION in providing appropriate means for trails to cross 2,425
highways. The director may restore historical sites along a 2,426
trail. He THE DIRECTOR shall publish and distribute maps, 2,428
guides, pamphlets, and other interpretative literature on the 2,429
state trails system and on individual trails which he THE 2,430
DIRECTOR considers suitable for extensive public use. 2,431
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,433
60
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,434
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,435
5301.012 OF THE REVISED CODE.
Sec. 1523.01. In addition to all other powers granted to 2,444
and duties devolving upon the chief of the division of water, 2,445
when in his THE CHIEF'S judgment it is for the public welfare and 2,447
the best interests of the citizens of the state that the surplus, 2,448
flood, and other waters of any of the watersheds, rivers, 2,449
streams, watercourses, or public waters should be conserved, 2,450
impounded, and stored in order to insure and promote the public 2,451
health, welfare, and safety and to encourage and promote 2,452
agriculture, commerce, manufacturing, and other public purposes, 2,453
such chief shall proceed in furtherance of the purposes of 2,454
sections 1523.01 to 1523.13 of the Revised Code, and for the 2,455
preservation of the use of such waters for navigation, in case 2,456
such waters are required for navigation, to construct such 2,457
reservoirs, dams, storage basins, dikes, canals, raceways, and 2,458
other improvements as are necessary for such purposes, or he THE 2,459
CHIEF may make additions to, enlarge, and make alterations in and 2,461
upon such reservoirs, dams, storage basins, dikes, canals, 2,462
raceways, and other improvements already in existence and 2,463
constituting a part of the public works, as are necessary for 2,464
such purposes. Any rights or privileges granted by sections 2,465
1523.01 to 1523.13 of the Revised Code, shall not interfere with 2,466
the control and maintenance of the state reservoirs or public 2,467
parks which have been dedicated to the public for purposes of 2,468
recreation and pleasure.
Said chief, subject to the written approval of the director 2,470
of natural resources and the governor, may acquire by gift, 2,471
purchase, or by appropriation proceedings, in the name of and on 2,472
behalf of the state, such real and personal property, rights, 2,473
privileges, and appurtenances as are necessary in his THE CHIEF'S 2,475
judgment for the construction of such reservoirs, dams, storage 2,476
basins, dikes, canals, raceways, and other improvements, or for 2,477
61
the alteration, enlargement, or maintenance of existing 2,478
reservoirs, dams, and other improvements, together with such 2,479
rights of way, drives, and roadways as are necessary for 2,480
convenient access thereto. The appropriation proceedings 2,481
referred to in this section shall be restricted to private 2,482
property only.
Before proceeding to purchase or appropriate any such 2,484
property or rights, the cost of which, together with the land or 2,485
real estate necessary upon which to locate and construct such 2,486
improvements, including damages to remaining property, is in 2,487
excess of one thousand dollars, the chief shall prepare plans, 2,488
specifications, and estimates of such cost, including all 2,489
material and labor therefor, together with the cost of such land 2,490
or real estate and damages, and shall thereupon submit such 2,491
plans, specifications, and estimates to the director, who in turn 2,492
shall submit them to the governor for approval. 2,493
The governor shall thereupon publish written notice once a 2,495
week for two consecutive weeks in a newspaper published in and of 2,496
general circulation in the counties where any such improvements 2,497
are proposed to be constructed, setting forth the location and 2,498
character of the proposed improvements, that the plans, 2,499
specifications, and estimates therefor are on file in his THE 2,500
GOVERNOR'S office, and that objections thereto will be heard by 2,502
him THE GOVERNOR on a day to be named in said notice, which day 2,504
shall be not less than ten nor more than twenty days after the 2,505
first publication thereof. Within thirty days after the date 2,506
fixed for said hearing, the governor shall return such plans, 2,507
specifications, and estimates to the director, with his THE 2,508
GOVERNOR'S written approval or rejection thereof indorsed 2,509
thereon. The director shall immediately return such plans, 2,510
specifications, and estimates, together with the governor's 2,511
indorsement thereon, to the chief. 2,512
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,514
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,515
62
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,516
5301.012 OF THE REVISED CODE.
Sec. 1545.12. If (A) EXCEPT AS PROVIDED IN DIVISION (B) 2,526
OF THIS SECTION, IF the board of park commissioners finds that 2,527
any lands which they have THAT IT HAS acquired are not necessary 2,528
for the purposes for which they were acquired by such THE board, 2,529
it may sell and dispose of such THE lands upon such terms as the 2,532
board deems CONSIDERS advisable. The board may also MAY lease or 2,534
permit the use of any lands for purposes not inconsistent with 2,536
the purposes for which such THE lands were acquired, and upon 2,537
such terms as the board deems CONSIDERS advisable. No lands 2,539
shall be sold PURSUANT TO THIS DIVISION without first giving 2,540
notice of the board's intention to sell such THE lands by 2,541
publication once a week for four consecutive weeks in not less 2,543
than two English newspapers of general circulation in such THE 2,544
district. Such THE notice shall contain an accurate description 2,546
of the lands in question and shall state the time and place at 2,547
which sealed bids will be received for the purchase thereof OF 2,548
THE LANDS, and such THE lands shall not thereafter be sold at 2,550
private sale for less than the best and highest bid so received 2,551
without giving further notice as specified in this section 2,552
DIVISION.
(B)(1) AFTER COMPLIANCE WITH DIVISION (B)(2) OF THIS 2,554
SECTION, THE BOARD OF PARK COMMISSIONERS MAY SELL LAND UPON TERMS 2,555
THE BOARD CONSIDERS ADVISABLE TO ANY PARK DISTRICT ESTABLISHED 2,556
UNDER SECTION 511.18 OR CHAPTER 1545. OF THE REVISED CODE, ANY 2,557
POLITICAL SUBDIVISION OF THE STATE, THE STATE OR ANY DEPARTMENT 2,558
OR AGENCY OF THE STATE, OR ANY DEPARTMENT OR AGENCY OF THE 2,559
FEDERAL GOVERNMENT FOR CONSERVATION USES OR FOR PARK OR
RECREATION PURPOSES WITHOUT THE NECESSITY OF HAVING TO COMPLY 2,560
WITH DIVISION (A) OF THIS SECTION. 2,561
(2) BEFORE THE BOARD OF PARK COMMISSIONERS MAY SELL LAND 2,563
UNDER DIVISION (B)(1) OF THIS SECTION, THE BOARD SHALL OFFER THE 2,564
LAND FOR SALE TO EACH OF THE FOLLOWING PUBLIC AGENCIES THAT IS 2,565
63
AUTHORIZED TO ACQUIRE, DEVELOP, AND MAINTAIN LAND FOR 2,566
CONSERVATION USES OR FOR PARK OR RECREATION PURPOSES: EACH PARK 2,567
DISTRICT ESTABLISHED UNDER SECTION 511.18 OR CHAPTER 1545. OF THE 2,568
REVISED CODE OR POLITICAL SUBDIVISION IN WHICH THE LAND IS
LOCATED, EACH PARK DISTRICT THAT IS SO ESTABLISHED AND THAT 2,569
ADJOINS OR EACH POLITICAL SUBDIVISION THAT ADJOINS A PARK 2,570
DISTRICT SO ESTABLISHED OR POLITICAL SUBDIVISION IN WHICH THE
LAND IS LOCATED, AND EACH AGENCY OR DEPARTMENT OF THE STATE OR OF 2,572
THE FEDERAL GOVERNMENT THAT OPERATES PARKS OR CONSERVATION OR 2,573
RECREATION AREAS NEAR THE LAND. THE BOARD SHALL MAKE THE OFFER 2,574
BY GIVING A WRITTEN NOTICE THAT THE LAND IS AVAILABLE FOR SALE, 2,575
BY FIRST CLASS MAIL, TO THESE PUBLIC AGENCIES. A FAILURE OF
DELIVERY OF THE WRITTEN NOTICE TO ANY OF THESE PUBLIC AGENCIES 2,576
DOES NOT INVALIDATE ANY PROCEEDINGS FOR THE SALE OF LAND UNDER 2,577
THIS DIVISION. ANY PUBLIC AGENCY THAT IS SO NOTIFIED AND THAT 2,578
WISHES TO PURCHASE THE LAND SHALL MAKE AN OFFER TO THE BOARD IN 2,579
WRITING NOT LATER THAN SIXTY DAYS AFTER RECEIVING THE WRITTEN 2,580
NOTICE.
IF THERE IS ONLY ONE OFFER TO PURCHASE THE LAND MADE IN 2,582
THAT SIXTY-DAY PERIOD, THE BOARD NEED NOT HOLD A PUBLIC HEARING 2,583
ON THE OFFER. THE BOARD SHALL ACCEPT THE OFFER ONLY IF IT 2,584
DETERMINES THAT ACCEPTANCE OF THE OFFER WILL RESULT IN THE BEST 2,585
PUBLIC USE OF THE LAND.
IF THERE IS MORE THAN ONE OFFER TO PURCHASE THE LAND MADE 2,587
IN THAT SIXTY-DAY PERIOD, THE BOARD SHALL NOT ACCEPT ANY OFFER 2,589
UNTIL THE BOARD HOLDS A PUBLIC HEARING ON THE OFFERS. IF, AFTER 2,590
THE HEARING, THE BOARD DECIDES TO ACCEPT AN OFFER, IT SHALL
ACCEPT THE OFFER THAT IT DETERMINES WILL RESULT IN THE BEST 2,591
PUBLIC USE OF THE LAND.
(C) No such lands shall be sold UNDER THIS SECTION at 2,593
either public or private sale without the approval of the probate 2,595
court of the county in which such THE lands are situated. 2,596
Sec. 1551.12. The director of development may: 2,605
(A) Seek, solicit, or acquire personal property or any 2,607
64
estate, interest, or right in real property, or services, funds, 2,608
and other things of value of any kind or character by purchase, 2,609
lease, gift, grant, contribution, exchange, or otherwise from any 2,610
person or governmental agency to be held, used, and applied in 2,611
accordance with and for the purposes of this chapter; 2,612
(B) Contract for the operation of, and establish rules for 2,614
the use of, facilities over which he THE DIRECTOR has supervision 2,616
or control, which rules may include the limitation of ingress to 2,617
or egress from such facilities as may be necessary to maintain 2,618
the security of such facilities and to provide for the safety of 2,619
those on the premises of such facilities; 2,620
(C) Purchase such fire and extended coverage insurance and 2,622
insurance protecting against liability for damage to property or 2,623
injury to or death of persons as the director may consider 2,624
necessary and proper under this chapter; 2,625
(D) Sponsor, conduct, assist, and encourage conferences, 2,627
seminars, meetings, institutes, and other forms of meetings; 2,628
authorize, prepare, publish, and disseminate any form of studies, 2,629
reports, and other publications; originate, prepare, and assist 2,630
proposals for the expenditure or granting of funds by any 2,631
governmental agency or person for purposes of energy resource 2,632
development; and investigate, initiate, sponsor, participate in, 2,633
and assist with cooperative activities and programs involving 2,634
governmental agencies and other entities of other states and 2,635
jurisdictions; 2,636
(E) Do all acts and things necessary and proper to carry 2,638
out the powers granted and the duties imposed by this chapter; 2,639
(F) Make grants of funds to any person, organization, or 2,641
governmental agency of the state for the furnishing of goods or 2,642
performance of services. 2,643
Any person or governmental agency that receives funds from 2,645
the department of development, or utilizes the facilities of the 2,646
department under this chapter shall agree in writing that all 2,647
know-how, trade secrets, and other forms of property, rights, and 2,648
65
interest arising out of developments, discoveries, or inventions, 2,649
including patents, copyrights, or royalties thereon, which result 2,650
in whole or in part from research, studies, or testing conducted 2,651
by use of such funds or facilities shall be the sole property of 2,652
the department, except as may be otherwise negotiated and 2,653
provided by contract in advance of such research, studies, or 2,654
testing. However, such exceptions do not apply to the director 2,655
or employees of the department participating in or performing 2,656
research, tests, or studies. 2,657
Rights retained by the department may be assigned, 2,659
licensed, transferred, sold, or otherwise disposed of, in whole 2,660
or in part, to any person or governmental agency. Except as 2,661
otherwise provided in section 1551.36 of the Revised Code, any 2,662
and all income, royalties, or proceeds derived or retained from 2,663
such dispositions shall be paid to the state and credited to the 2,664
general revenue fund. 2,665
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,667
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,668
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,669
5301.012 OF THE REVISED CODE.
Sec. 3301.481. ANY INSTRUMENT BY WHICH REAL PROPERTY IS 2,671
ACQUIRED PURSUANT TO SECTION 3301.48 OF THE REVISED CODE SHALL 2,672
IDENTIFY ANY AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF 2,673
THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED 2,674
CODE.
Sec. 3354.09. The board of trustees of a community college 2,680
district may: 2,681
(A) Own and operate a community college, pursuant to an 2,683
official plan prepared and approved in accordance with section 2,684
3354.07 of the Revised Code, or enter into a contract with a 2,685
generally accredited public university or college for operation 2,686
of such community college by such university or college pursuant 2,687
to an official plan prepared and approved in accordance with 2,688
section 3354.07 of the Revised Code; 2,689
66
(B) Hold, encumber, control, acquire by donation, 2,691
purchase, or condemnation, construct, own, lease, use, and sell 2,692
real and personal property as is necessary for the conduct of the 2,693
program of the community college on whatever terms and for 2,694
whatever consideration may be appropriate for the purpose of the 2,695
college; 2,696
(C) Accept gifts, grants, bequests, and devises absolutely 2,698
or in trust for support of the college during the existence of 2,699
the college; 2,700
(D) Appoint the administrative officers, faculty, and 2,702
staff, necessary and proper for such community college, and fix 2,703
their compensation except in instances in which the board of 2,704
trustees has delegated such powers to a college or university 2,705
operating such community college pursuant to a contract entered 2,706
into by the board of trustees of the district; 2,707
(E) Provide for a community college necessary lands, 2,709
buildings or other structures, equipment, means, and appliances; 2,710
(F) Develop and adopt, pursuant to the official plan, the 2,712
curricular programs identified in section 3354.01 of the Revised 2,713
Code as arts and sciences programs and technical programs, or 2,714
either. Such programs may include adult-education programs. 2,715
(G) Except as provided in section 3333.17 of the Revised 2,717
Code, establish schedules of fees and tuition for students who 2,718
are residents of the district, residents of Ohio but not of the 2,719
district, and students who are nonresidents of Ohio. The 2,720
establishment of rules governing the determination of residence 2,721
shall be subject to approval of the Ohio board of regents. 2,722
Students who are nonresidents of Ohio shall be required to pay 2,723
higher rates of fees and tuition than the rates required of 2,724
students who are residents of Ohio but not of the district, and 2,725
students who are residents of the district shall pay a smaller 2,726
tuition and fee rate than the rate for either category of 2,727
nonresident students. 2,728
(H) Authorize, approve, ratify, or confirm any agreement 2,730
67
relating to any such community college with the United States 2,731
government, acting through any agency of such government 2,732
designated or created to aid in the financing of such projects, 2,733
or with any person or agency offering grants in aid in financing 2,734
such educational facilities or the operation of such facilities 2,735
except as prohibited in division (K) of this section. 2,736
Such agreement may include a provision for repayment of 2,738
advances, grants, or loans made to any community college district 2,739
from funds which may become available to it. 2,740
When the United States government or its agent makes a 2,742
grant of money to any community college district to aid in paying 2,743
the cost of any projects of such district, or enters into an 2,744
agreement with the community college district for the making of 2,745
any such grant of money, the amount thereof is deemed 2,746
appropriated for such purpose by the community college district 2,747
and is deemed in process of collection within the meaning of 2,748
section 5705.41 of the Revised Code. 2,749
(I) Grant appropriate certificates of achievement to 2,751
students successfully completing the community college programs; 2,752
(J) Prescribe rules for the effective operation of a 2,754
community college and exercise such other powers as are necessary 2,755
for the efficient management of such college; 2,756
(K) Receive and expend gifts or grants from the state for 2,758
the payment of operating costs, for the acquisition, 2,759
construction, or improvement of buildings or other structures, or 2,760
for the acquisition or use of land. In no event shall state 2,761
gifts or grants be expended for the support of adult-education 2,762
programs. Gifts or grants from the state for operating costs 2,763
shall not in any biennium exceed the amount recommended by the 2,764
Ohio board of regents to the governor as provided in Chapter 2,765
3333. of the Revised Code. Such gifts or grants shall be 2,766
distributed to such districts in equal quarter-annual payments, 2,767
unless otherwise provided or authorized in any act appropriating 2,768
moneys for such purposes, on or before the last day of February, 2,769
68
May, August, and November in each year. 2,770
(L) Retain consultants in the fields of education, 2,772
planning, architecture, law, engineering, or other fields of 2,773
professional skill; 2,774
(M) Purchase: 2,776
(1) A policy or policies of insurance insuring the 2,778
district against loss of or damage to property, whether real, 2,779
personal, or mixed, which is owned by the district or leased by 2,780
it as lessee or which is in the process of construction by or for 2,781
the district; 2,782
(2) A policy or policies of fidelity insurance in such 2,784
amounts and covering such trustees, officers, and employees of 2,785
the district as it considers necessary or desirable; 2,786
(3) A policy or policies of liability insurance from an 2,788
insurer or insurers licensed to do business in this state 2,789
insuring its members, officers, and employees against all civil 2,790
liability arising from an act or omission by the member, officer, 2,791
or employee when the member, officer, or employee is not acting 2,792
manifestly outside the scope of his employment or official 2,793
responsibilities with the institution, with malicious purpose or 2,794
bad faith, or in a wanton or reckless manner, or may otherwise 2,795
provide for the indemnification of such persons against such 2,796
liability. All or any portion of the cost, premium, or charge 2,797
for such a policy or policies or indemnification payment may be 2,798
paid from any funds under the institution's control. The policy 2,799
or policies of liability insurance or the indemnification policy 2,800
of the institution may cover any risks including, but not limited 2,801
to, damages resulting from injury to property or person, 2,802
professional liability, and other special risks, including legal 2,803
fees and expenses incurred in the defense or settlement of claims 2,804
for such damages. 2,805
(4) A policy or policies of insurance insuring the 2,807
district against any liabilities to which it may be subject on 2,808
account of damage or injury to persons or property, including 2,809
69
liability for wrongful death. 2,810
(N) Designate one or more employees of the institution as 2,812
state university law enforcement officers, to serve and have 2,813
duties as prescribed in section 3345.04 of the Revised Code. 2,814
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,816
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,817
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,818
5301.012 OF THE REVISED CODE.
Sec. 3354.13. The ownership of a community college created 2,827
and established pursuant to provisions of sections 3354.02 and 2,828
3354.04 of the Revised Code, including all right, title, and 2,829
interest in and to all property, both real and personal, 2,830
pertaining thereto, shall be vested in the board of trustees of
the community college district in which such college is situated, 2,831
except as may be provided in a contract entered into under the 2,832
authority of division (A) of section 3354.09 of the Revised Code. 2,833
The board may acquire by appropriation any land, rights, rights 2,834
of way, franchises, easements, or other property necessary or 2,835
proper for the construction or the efficient operation of any
facility of the community college district, pursuant to the 2,836
procedure provided in section 5537.06 of the Revised Code, with 2,837
respect to the Ohio turnpike commission, and insofar as such 2,838
procedure is applicable.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,840
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,841
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,842
5301.012 OF THE REVISED CODE.
Sec. 3355.06. The managing authority of the university 2,851
branch district shall adopt its own rules governing proceedings, 2,852
designate the permanent place of business of the district, and 2,853
keep a record of all its proceedings. Such record shall be open 2,854
for public inspection during regular business hours at the 2,855
permanent place of business of the district. 2,856
The managing authority may: 2,858
70
(A) Enter into a contract for a period of not less than 2,860
four nor more than ten years with a state or municipal university 2,861
for the operation of a university branch by such university on 2,862
the campus provided in accordance with sections 3355.01 to 2,863
3355.14 of the Revised Code. Except as provided in section 2,864
3333.17 of the Revised Code, the contract shall establish 2,865
schedules of fees and tuition for: students who are residents of 2,866
the district; residents of Ohio but not of the district; and 2,867
students who are nonresidents of Ohio. Students who are 2,868
nonresidents of Ohio shall be required to pay higher rates of 2,869
fees and tuition than the rates required of students who are 2,870
residents of Ohio but not of the district, and students who are 2,871
residents of the district shall pay A smaller tuition and fee 2,872
rate than the rate for either category of nonresident students. 2,873
(B) Hold, encumber, control, acquire by donation, 2,875
purchase, or condemnation, construct, own, lease, use, and sell 2,876
real and personal property as is necessary for the creation and 2,877
maintenance of the university branch campus, on whatever terms 2,878
and for whatever consideration may be appropriate for the 2,879
purposes of the facility; 2,880
(C) Accept gifts, grants, bequests, and devises absolutely 2,882
or in trust for support of the university branch campus during 2,883
the existence of said branch; 2,884
(D) Receive an appropriation from any municipality or 2,886
county that is a part of the university branch district for the 2,887
purpose of providing funds for support of the university branch 2,888
campus; 2,889
(E) Receive and expend gifts or grants from the state for 2,891
the payment of operating costs, for the acquisition, 2,892
construction, or improvement of buildings or other structures, or 2,893
for the acquisition or use of land. 2,894
(F) Prescribe rules for the effective operation of a 2,896
university branch district college and exercise such other powers 2,897
as are necessary for the efficient management of such university 2,898
71
and are not in conflict with any contract entered into under 2,899
division (A) of this section. 2,900
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,902
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,903
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,904
5301.012 OF THE REVISED CODE.
Sec. 3355.10. The ownership of the university branch 2,913
campus, created and established pursuant to sections 3355.01 to 2,914
3355.14 of the Revised Code, including all right, title, and 2,915
interest in and to all property, both real and personal, 2,916
pertaining thereto, shall be vested in the managing authority of 2,917
the university branch district. The board may acquire by 2,918
appropriation any land, rights, rights of way, franchises, 2,919
easements, or other property necessary or proper for the 2,920
construction or the efficient operation of any facility of the 2,921
university branch district, pursuant to section 5537.06 of the 2,922
Revised Code, with respect to the Ohio turnpike commission, and 2,923
insofar as such procedure is applicable. 2,924
University branch district bonds, issued pursuant to 2,926
section 3355.08 of the Revised Code, are lawful investments of 2,927
banks, savings banks, trust companies, trustees, boards of 2,928
trustees of sinking funds of municipal corporations, school 2,929
districts, counties, the administrator of workers' compensation, 2,930
the state teachers retirement system, the public employees 2,932
retirement system, and the school employees retirement system, 2,933
and also are acceptable as security for the deposit of public 2,934
moneys.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,936
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,937
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,938
5301.012 OF THE REVISED CODE.
Sec. 3357.09. The board of trustees of a technical college 2,947
district may: 2,948
(A) Own and operate a technical college, pursuant to an 2,950
72
official plan prepared and approved in accordance with section 2,951
3357.07 of the Revised Code; 2,952
(B) Hold, encumber, control, acquire by donation, 2,954
purchase, or condemnation, construct, own, lease, use, and sell, 2,955
real and personal property as necessary for the conduct of the 2,956
program of the technical college on whatever terms and for 2,957
whatever consideration may be appropriate for the purposes of the 2,958
institution; 2,959
(C) Accept gifts, grants, bequests, and devises absolutely 2,961
or in trust for support of the technical college; 2,962
(D) Appoint the president, faculty, and such other 2,964
employees as necessary and proper for such technical college, and 2,965
fix their compensation; 2,966
(E) Provide for a technical college necessary lands, 2,968
buildings or other structures, equipment, means, and appliances; 2,969
(F) Develop and adopt, pursuant to the official plan, any 2,971
one or more of the curricular programs identified in section 2,972
3357.01 of the Revised Code as technical-college programs, or 2,973
adult-education technical programs; 2,974
(G) Except as provided in section 3333.17 of the Revised 2,976
Code, establish schedules of fees and tuition for: students who 2,977
are residents of the district; students who are residents of Ohio 2,978
but not of the district; students who are nonresidents of Ohio. 2,979
The establishment of rules governing the determination of 2,980
residence shall be subject to approval of the Ohio board of 2,981
regents. Students who are nonresidents of Ohio shall be required 2,982
to pay higher rates of fees and tuition than the rates required 2,983
of students who are residents of Ohio but not of the district, 2,984
and students who are residents of the district shall pay smaller 2,985
tuition and fee rates than the rates for either of the above 2,986
categories of nonresident students, except that students who are 2,987
residents of Ohio but not of the district shall be required to 2,988
pay higher fees and tuition than students who are residents of 2,989
the district only when a district tax levy has been adopted and 2,990
73
is in effect under the authority of section 3357.11, 5705.19, or 2,991
5705.191 of the Revised Code. 2,992
(H) Authorize, approve, ratify, or confirm, with approval 2,994
of the Ohio board of regents, any agreement with the United 2,995
States government, acting through any agency designated to aid in 2,996
the financing of technical college projects, or with any person, 2,997
organization, or agency offering grants-in-aid for technical 2,998
college facilities or operation; 2,999
(I) Receive assistance for the cost of equipment and for 3,001
the operation of such technical colleges from moneys appropriated 3,002
for technical education or for matching of Title VIII of the 3,003
"National Defense Education Act," 72 Stat. 1597 (1958), 20 3,004
U.S.C.A. 15a-15e. Moneys shall be distributed by the Ohio board 3,005
of regents in accordance with rules which the board shall 3,006
establish governing its allocations to technical colleges 3,007
chartered under section 3357.07 of the Revised Code. 3,008
(J) Grant appropriate associate degrees to students 3,010
successfully completing the technical college programs and 3,011
certificates of achievement to those students who complete other 3,012
programs; 3,013
(K) Prescribe rules for the effective operation of a 3,015
technical college, and exercise such other powers as are 3,016
necessary for the efficient management of such college; 3,017
(L) Enter into contracts and conduct technical college 3,019
programs or technical courses outside the technical college 3,020
district; 3,021
(M) Enter into contracts with the board of education of 3,023
any local, exempted village, or city school district or the 3,025
governing board of any educational service center to permit the
school district or service center to use the facilities of the 3,026
technical college district; 3,027
(N) Designate one or more employees of the institution as 3,029
state university law enforcement officers, to serve and have 3,030
duties as prescribed in section 3345.04 of the Revised Code; 3,031
74
(O) Subject to the approval of the Ohio board of regents, 3,033
offer technical college programs or technical courses for credit 3,034
at locations outside the technical college district. For 3,035
purposes of computing state aid, students enrolled in such 3,036
courses shall be deemed to be students enrolled in programs and 3,037
courses at off-campus locations in the district. 3,038
(P) Purchase a policy or policies of liability insurance 3,040
from an insurer or insurers licensed to do business in this state 3,041
insuring its members, officers, and employees against all civil 3,042
liability arising from an act or omission by the member, officer, 3,043
or employee, when the member, officer, or employee is not acting 3,044
manifestly outside the scope of his THE MEMBER'S, OFFICER'S, OR 3,045
EMPLOYEE'S employment or official responsibilities with the 3,047
institution, with malicious purpose or bad faith, or in a wanton 3,048
or reckless manner, or may otherwise provide for the 3,049
indemnification of such persons against such liability. All or 3,050
any portion of the cost, premium, or charge for such a policy or 3,051
policies or indemnification payment may be paid from any funds 3,052
under the institution's control. The policy or policies of 3,053
liability insurance or the indemnification policy of the 3,054
institution may cover any risks including, but not limited to, 3,055
damages resulting from injury to property or person, professional 3,056
liability, and other special risks, including legal fees and 3,057
expenses incurred in the defense or settlement of claims for such 3,058
damages.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 3,060
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 3,061
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 3,062
5301.012 OF THE REVISED CODE.
Sec. 3357.12. The ownership of a technical college, 3,071
created and established pursuant to section 3357.07 of the 3,072
Revised Code, including all right, title, and interest in and to 3,073
all property, both real and personal, pertaining thereto, shall 3,074
be vested in the board of trustees of the technical college
75
district in which such college is situated. The board may 3,075
acquire by appropriation any land, rights, rights-of-way, 3,076
franchises, easements, or other property necessary or proper for 3,077
the construction or the efficient operation of any facility of 3,078
the technical college district, pursuant to the procedure
provided in section 5537.06 of the Revised Code, with respect to 3,079
the Ohio turnpike commission, and insofar as such procedure is 3,080
applicable.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 3,082
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 3,083
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 3,084
5301.012 OF THE REVISED CODE.
Sec. 3358.08. The board of trustees of a state community 3,093
college district may: 3,094
(A) Own and operate a state community college; 3,096
(B) Hold, encumber, control, acquire by donation, purchase 3,098
or condemn, construct, own, lease, use, and sell, real and 3,099
personal property as necessary for the conduct of the program of 3,100
the state community college on whatever terms and for whatever 3,101
consideration may be appropriate for the purpose of the 3,102
institution; 3,103
(C) Accept gifts, grants, bequests, and devises absolute 3,105
or in trust for support of the state community college; 3,106
(D) Employ a president, and appoint or approve the 3,108
appointment of other necessary administrative officers, full-time 3,109
faculty members, and operating staff. The board may delegate the 3,110
appointment of operating staff and part-time faculty members to 3,111
the college president. The board shall fix the rate of 3,112
compensation of the president and all officers and full-time 3,113
employees as are necessary and proper for state community 3,114
colleges. 3,115
(E) Provide for the state community college necessary 3,117
lands, buildings, or other structures, equipment, means, and 3,118
appliances; 3,119
76
(F) Establish within the maximum amounts permitted by law, 3,121
schedules of fees and tuition for students who are Ohio residents 3,122
and students who are not; 3,123
(G) Grant appropriate associate degrees to students 3,125
successfully completing the state community college's programs, 3,126
and certificates of achievement to students who complete other 3,127
programs; 3,128
(H) Prescribe policies for the effective operation of the 3,130
state community college and exercise such other powers as are 3,131
necessary for the efficient management of the college; 3,132
(I) Enter into contracts with neighboring colleges and 3,134
universities for the conduct of state community college programs 3,135
or technical courses outside the state community college 3,136
district; 3,137
(J) Purchase: 3,139
(1) A policy or policies of insurance insuring the 3,141
district against loss or damage to property, whether real, 3,142
personal, or mixed, which is owned by the district or leased by 3,143
it as lessee or which is in the process of construction by or for 3,144
the district; 3,145
(2) A policy or policies of fidelity insurance in such 3,147
amounts and covering such trustees, officers, and employees of 3,148
the district as the board may consider necessary or desirable; 3,149
(3) A policy or policies of liability insurance from an 3,151
insurer or insurers licensed to do business in this state 3,152
insuring its members, officers, and employees against all civil 3,153
liability arising from an act or omission by the member, officer, 3,154
or employee, when the member, officer, or employee is not acting 3,155
manifestly outside the scope of his employment or official 3,156
responsibilities with the institution, with malicious purpose or 3,157
bad faith, or in a wanton or reckless manner, or may otherwise 3,158
provide for the indemnification of such persons against such 3,159
liability. All or any portion of the cost, premium, or charge 3,160
for such a policy or policies or indemnification payment may be 3,161
77
paid from any funds under the institution's control. The policy 3,162
or policies of liability insurance or the indemnification policy 3,163
of the institution may cover any risks including, but not limited 3,164
to, damages resulting from injury to property or person, 3,165
professional liability, and other special risks, including legal 3,166
fees and expenses incurred in the defense or settlement claims of 3,167
such damages. 3,168
(4) A policy or policies of insurance insuring the 3,170
district against any liabilities to which it may be subject on 3,171
account of damage or injury to persons or property, including 3,172
liability for wrongful death. 3,173
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 3,175
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 3,176
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 3,177
5301.012 OF THE REVISED CODE.
Sec. 3375.40. Each board of library trustees appointed 3,186
pursuant to sections 3375.06, 3375.10, 3375.12, 3375.15, 3375.22, 3,187
and 3375.30 of the Revised Code may: 3,188
(A) Hold title to and have the custody of all real and 3,190
personal property of the free public library under its 3,191
jurisdiction; 3,192
(B) Expend for library purposes, and in the exercise of 3,194
the power enumerated in this section, all moneys, whether derived 3,195
from the county library and local government support fund or 3,196
otherwise, credited to the free public library under its 3,197
jurisdiction and generally do all things it considers necessary 3,198
for the establishment, maintenance, and improvement of the public 3,199
library under its jurisdiction; 3,200
(C) Purchase, lease, construct, remodel, renovate, or 3,202
otherwise improve, equip, and furnish buildings or parts of 3,203
buildings and other real property, and purchase, lease, or 3,204
otherwise acquire motor vehicles and other personal property, 3,206
necessary for the proper maintenance and operation of the free 3,207
public libraries under its jurisdiction, and pay the costs 3,208
78
thereof in installments or otherwise. Financing of these costs 3,209
may be provided through the issuance of notes, through an 3,210
installment sale, or through a lease-purchase agreement. Any
such notes shall be issued pursuant to section 3375.404 of the 3,211
Revised Code.
(D) Purchase, lease, lease with an option to purchase, or 3,213
erect buildings or parts of buildings to be used as main 3,214
libraries, branch libraries, or library stations pursuant to 3,215
section 3375.41 of the Revised Code; 3,216
(E) Establish and maintain a main library, branches, 3,218
library stations, and traveling library service within the 3,219
territorial boundaries of the subdivision or district over which 3,220
it has jurisdiction of free public library service; 3,221
(F) Establish and maintain branches, library stations, and 3,223
traveling library service in any school district, outside the 3,224
territorial boundaries of the subdivision or district over which 3,225
it has jurisdiction of free public library service, upon 3,226
application to and approval of the state library board, pursuant 3,227
to section 3375.05 of the Revised Code; provided the board of 3,228
trustees of any free public library maintaining branches, 3,229
stations, or traveling-book service, outside the territorial 3,230
boundaries of the subdivision or district over which it has 3,231
jurisdiction of free public library service, on September 4, 3,232
1947, may continue to maintain and operate such branches, 3,233
stations, and traveling library service without the approval of 3,234
the state library board; 3,235
(G) Appoint and fix the compensation of all of the 3,237
employees of the free public library under its jurisdiction; pay 3,238
the reasonable cost of tuition for any of its employees who 3,239
enroll in a course of study the board considers essential to the 3,240
duties of the employee or to the improvement of the employee's 3,241
performance; and reimburse applicants for employment for any 3,242
reasonable expenses they incur by appearing for a personal 3,243
interview; 3,244
79
(H) Make and publish rules for the proper operation and 3,246
management of the free public library and facilities under its 3,247
jurisdiction, including rules pertaining to the provision of 3,248
library services to individuals, corporations, or institutions 3,249
that are not inhabitants of the county; 3,250
(I) Establish and maintain a museum in connection with and 3,252
as an adjunct to the free public library under its jurisdiction; 3,253
(J) By the adoption of a resolution accept any bequest, 3,255
gift, or endowment upon the conditions connected with such 3,256
bequest, gift, or endowment; provided no such bequest, gift, or 3,257
endowment shall be accepted by such board if the conditions 3,258
thereof remove any portion of the free public library under its 3,259
jurisdiction from the control of such board or if such 3,260
conditions, in any manner, limit the free use of such library or 3,261
any part thereof by the residents of the counties in which such 3,262
library is located; 3,263
(K) At the end of any fiscal year by a two-thirds vote of 3,265
its full membership set aside any unencumbered surplus remaining 3,266
in the general fund of the library under its jurisdiction for any 3,267
purpose including creating or increasing a special building and 3,268
repair fund, or for operating the library or acquiring equipment 3,269
and supplies; 3,270
(L) Procure and pay all or part of the cost of group life, 3,272
hospitalization, surgical, major medical, disability benefit, 3,273
dental care, eye care, hearing aids, or prescription drug 3,274
insurance, or a combination of any of the foregoing types of 3,275
insurance or coverage, whether issued by an insurance company or 3,276
a health insuring corporation duly licensed by the state, 3,278
covering its employees and in the case of hospitalization, 3,279
surgical, major medical, dental care, eye care, hearing aids, or 3,280
prescription drug insurance, also covering the dependents and
spouses of such employees, and in the case of disability 3,281
benefits, also covering spouses of such employees. With respect 3,282
to life insurance, coverage for any employee shall not exceed the 3,283
80
greater of the sum of ten thousand dollars or the annual salary 3,284
of the employee, exclusive of any double indemnity clause that is 3,285
a part of the policy. 3,286
(M) Pay reasonable dues and expenses for the free public 3,288
library and library trustees in library associations. 3,289
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 3,291
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 3,292
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 3,293
5301.012 OF THE REVISED CODE.
Sec. 3375.831. ANY INSTRUMENT BY WHICH REAL PROPERTY IS 3,295
ACQUIRED PURSUANT TO SECTION 3375.83 OF THE REVISED CODE SHALL 3,296
IDENTIFY ANY AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF 3,297
THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED 3,298
CODE.
Sec. 3377.04. The Ohio higher educational facility 3,307
commission may: 3,308
(A) Acquire by gift or purchase and hold and mortgage real 3,310
estate and interests therein and personal property to be used as 3,311
a project or a part thereof; 3,312
(B) Purchase, construct, reconstruct, enlarge, improve, 3,314
furnish, and equip and lease, sell, exchange, and otherwise 3,315
dispose of projects or parts thereof for the purposes set forth 3,316
in division (B) of section 3377.01 of the Revised Code; 3,317
(C) Issue bonds of the state, as provided in Chapter 3377. 3,319
of the Revised Code, to provide funds for acquiring, 3,320
constructing, reconstructing, enlarging, remodeling, renovating, 3,321
improving, furnishing, or equipping one or more projects or parts 3,322
thereof and to pay project costs; 3,323
(D) Enter into contracts and execute all instruments 3,325
necessary or appropriate to carry out the purposes of Chapter 3,326
3377. of the Revised Code; 3,327
(E) Fix, alter, and collect rentals and other charges for 3,329
the use and occupancy of a project and lease the project to 3,330
educational institutions, including a contract with or the 3,331
81
granting of an option to the lessee to purchase the project for 3,332
such price as the commission in its sole discretion determines to 3,333
be appropriate, after retirement or redemption, or provision 3,334
therefor, of all the bonds of the issuer issued to provide funds 3,335
for the project; 3,336
(F) Retain, contract with, or employ and fix the 3,338
compensation of financial consultants, appraisers, accounting 3,339
experts, architects, engineers, attorneys at law, and other 3,340
employees, agents, and independent contractors as are necessary 3,341
in the judgment of the commission to carry out Chapter 3377. of 3,342
the Revised Code and collect fees, charges, and accept gifts and 3,343
appropriations to meet the expenses of employing such persons; 3,344
(G) Pledge, assign, hypothecate, or otherwise encumber as 3,346
security for the bonds, the rentals, revenues, and other income, 3,347
charges, and moneys realized from the use, lease, sale, or other 3,348
disposition of one or more projects or parts thereof as may be 3,349
designated in the bond proceedings and enter into trust 3,350
agreements or indentures of mortgage for the benefit of 3,351
bondholders; 3,352
(H) Enter into appropriate arrangements with any federal 3,354
or state department or agency, county, township, municipal 3,355
corporation, or other political subdivision, taxing district, or 3,356
public body or agency for the planning and installation of 3,357
streets, roads, alleys, water supply and distribution facilities, 3,358
storm and sanitary sewage collection and disposal facilities, and 3,359
other necessary appurtenances to a project; 3,360
(I) Purchase fire and extended coverage and liability 3,362
insurance for a project, insurance protecting the commission and 3,363
its officers and employees against liability for damage to 3,364
property or injury to or death of persons arising from the 3,365
project, and any other insurance that the commission may agree to 3,366
provide under the bond proceedings or the commission may 3,367
determine to be necessary in order to protect the commission, its 3,368
members, officers, and employees; 3,369
82
(J) Sell, lease, release or otherwise dispose of real and 3,371
personal property or interests therein, or a combination thereof, 3,372
acquired by the commission under authority of Chapter 3377. of 3,373
the Revised Code and no longer needed for the purposes of such 3,374
chapter or of the commission, and grant such easements and other 3,375
rights in, over, under, or across a project as will not interfere 3,376
with its use of such property. Such sale, lease, release, 3,377
disposition, or grant may be made without competitive bidding and 3,378
in such manner and for such consideration as the commission in 3,379
its judgment deems appropriate. 3,380
(K) Sue and be sued, implead and be impleaded; 3,382
(L) Adopt and use an official seal; 3,384
(M) Receive and accept from any public agency loans or 3,386
grants for or in aid of a project or any portion thereof, and 3,387
receive and accept loans, grants, aid, or contributions from any 3,388
source of money, property, labor, or other things of value to be 3,389
held, used, and applied only for the purposes for which received; 3,390
(N) Do all other acts necessary or appropriate to carry 3,392
out the purposes of Chapter 3377. of the Revised Code. 3,393
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 3,395
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 3,396
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 3,397
5301.012 OF THE REVISED CODE.
Sec. 3377.14. The state or any political subdivision, 3,406
taxing district, or other public body of this state may, without 3,407
competitive bidding, convey or exchange with the Ohio higher 3,408
educational facility commission, for use in connection with a 3,409
project, any or all of its interests in real or personal
property, or both, not needed by the grantor. Any conveyance by 3,410
the state shall be authorized by the director, board, or 3,411
commission having control of such property and approved by the 3,412
general assembly. The interest in such property to be conveyed 3,413
shall be appraised at its fair market value and such appraisal 3,414
value shall be the conveyance price. The appraised fair market
83
value of any property exchanged under the provisions of this 3,415
section shall be substantially equal to the aggregate of the 3,416
appraised fair market value of the property for which it is 3,417
exchanged and any moneys paid to the grantor in consideration of 3,418
such exchange. The political subdivision, taxing district, or 3,419
other public body shall prescribe the form of its deed, and any
deed from the state shall be prepared and recorded as provided in 3,420
sections 5301.13 to 5301.17, inclusive, of the Revised Code. Any 3,421
educational institution which has the qualifications to acquire 3,423
property under section 3333.08 of the Revised Code may acquire 3,424
property under such section in order to provide real estate or 3,425
interests in real estate needed for a project and to make the
same available to the commission by conveyance, lease, or 3,426
otherwise.
ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE STATE 3,428
ACQUIRES REAL PROPERTY PURSUANT TO THIS SECTION SHALL IDENTIFY 3,429
THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE REAL 3,430
PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED CODE. 3,431
Sec. 3706.04. The Ohio air quality development authority 3,440
may: 3,441
(A) Adopt bylaws for the regulation of its affairs and the 3,443
conduct of its business; 3,444
(B) Adopt an official seal; 3,446
(C) Maintain a principal office and suboffices at such 3,448
places within the state as it designates; 3,449
(D) Sue and plead in its own name; be sued and impleaded 3,451
in its own name with respect to its contracts or torts of its 3,452
members, employees, or agents acting within the scope of their 3,453
employment, or to enforce its obligations and covenants made 3,454
under sections 3706.05, 3706.07, and 3706.12 of the Revised Code. 3,455
Any such actions against the authority shall be brought in the 3,456
court of common pleas of the county in which the principal office 3,457
of the authority is located, or in the court of common pleas of 3,458
the county in which the cause of action arose, provided such 3,459
84
county is located within this state, and all summonses, 3,460
exceptions, and notices of every kind shall be served on the 3,461
authority by leaving a copy thereof at the principal office with 3,462
the person in charge thereof or with the secretary-treasurer of 3,463
the authority. 3,464
(E) Make loans and grants to governmental agencies for the 3,466
acquisition or construction of air quality projects by any such 3,467
governmental agency and adopt rules and procedures for making 3,468
such loans and grants; 3,469
(F) Acquire, construct, reconstruct, enlarge, improve, 3,471
furnish, equip, maintain, repair, operate, lease or rent to, or 3,472
contract for operation by, a person or governmental agency, air 3,473
quality projects, and establish rules for the use of such 3,474
projects; 3,475
(G) Make available the use or services of any air quality 3,477
project to one or more persons, one or more governmental 3,478
agencies, or any combination thereof; 3,479
(H) Issue air quality revenue bonds and notes and air 3,481
quality revenue refunding bonds of the state, payable solely from 3,482
revenues as provided in section 3706.05 of the Revised Code, 3,483
unless the bonds be refunded by refunding bonds, for the purpose 3,484
of paying any part of the cost of one or more air quality 3,485
projects or parts thereof; 3,486
(I) Acquire by gift or purchase, hold, and dispose of real 3,488
and personal property in the exercise of the powers of the 3,489
authority and the performance of its duties under this chapter; 3,490
(J) Acquire, in the name of the state, by purchase or 3,492
otherwise, on such terms and in such manner as the authority 3,493
finds proper, or by the exercise of the right of condemnation in 3,494
the manner provided by section 3706.17 of the Revised Code, such 3,495
public or private lands, including public parks, playgrounds, or 3,496
reservations, or parts thereof or rights therein, rights-of-way, 3,497
property, rights, easements, and interests as it finds necessary 3,498
for carrying out this chapter, but excluding the acquisition by 3,499
85
the exercise of the right of condemnation of any air quality 3,500
facility owned by any person or governmental agency; and 3,501
compensation shall be paid for public or private lands so taken; 3,502
(K) Make and enter into all contracts and agreements and 3,504
execute all instruments necessary or incidental to the 3,505
performance of its duties and the execution of its powers under 3,506
this chapter. 3,507
(1) When the cost under any such contract or agreement, 3,509
other than compensation for personal services, involves an 3,510
expenditure of more than two thousand dollars, the authority 3,511
shall make a written contract with the lowest responsive and 3,512
responsible bidder, in accordance with section 9.312 of the 3,513
Revised Code, after advertisement for not less than two 3,514
consecutive weeks in a newspaper of general circulation in 3,515
Franklin county, and in such other publications as the authority 3,516
determines, which notice shall state the general character of the 3,517
work and the general character of the materials to be furnished, 3,518
the place where plans and specifications therefor may be 3,519
examined, and the time and place of receiving bids; provided, 3,520
that a contract or lease for the operation of an air quality 3,521
project constructed and owned by the authority or an agreement 3,522
for cooperation in the acquisition or construction of an air 3,523
quality project pursuant to section 3706.12 of the Revised Code 3,524
or any contract for the construction of an air quality project 3,525
that is to be leased by the authority to, and operated by, 3,526
persons who are not governmental agencies and the cost of such 3,527
project is to be amortized exclusively from rentals or other 3,528
charges paid to the authority by persons who are not governmental 3,529
agencies is not subject to the foregoing requirements and the 3,530
authority may enter into such contract, lease, or agreement 3,531
pursuant to negotiation and upon such terms and conditions and 3,532
for such period as it finds to be reasonable and proper in the 3,533
circumstances and in the best interests of proper operation or of 3,534
efficient acquisition or construction of such project. 3,535
86
(2) Each bid for a contract for the construction, 3,537
demolition, alteration, repair, or reconstruction of an 3,538
improvement shall contain the full name of every person 3,539
interested in it and meet the requirements of section 153.54 of 3,540
the Revised Code. 3,541
(3) Each bid for a contract except as provided in division 3,543
(K)(2) of this section shall contain the full name of every 3,544
person interested in it and shall be accompanied by a sufficient 3,545
bond or certified check on a solvent bank that if the bid is 3,546
accepted a contract will be entered into and the performance 3,547
thereof secured. 3,548
(4) The authority may reject any and all bids. 3,550
(5) A bond with good and sufficient surety, approved by 3,552
the authority, shall be required of every contractor awarded a 3,553
contract except as provided in division (K)(2) of this section, 3,554
in an amount equal to at least fifty per cent of the contract 3,555
price, conditioned upon the faithful performance of the contract. 3,556
(L) Employ managers, superintendents, and other employees 3,558
and retain or contract with consulting engineers, financial 3,559
consultants, accounting experts, architects, attorneys, and such 3,560
other consultants and independent contractors as are necessary in 3,561
its judgment to carry out this chapter, and fix the compensation 3,562
thereof. All expenses thereof shall be payable solely from the 3,563
proceeds of air quality revenue bonds or notes issued under this 3,564
chapter, from revenues, or from funds appropriated for such 3,565
purpose by the general assembly. 3,566
(M) Receive and accept from any federal agency, subject to 3,568
the approval of the governor, grants for or in aid of the 3,569
construction of any air quality project or for research and 3,570
development with respect to air quality facilities, and receive 3,571
and accept aid or contributions from any source of money, 3,572
property, labor, or other things of value, to be held, used, and 3,573
applied only for the purposes for which such grants and 3,574
contributions are made; 3,575
87
(N) Engage in research and development with respect to air 3,577
quality facilities; 3,578
(O) Purchase fire and extended coverage and liability 3,580
insurance for any air quality project and for the principal 3,581
office and suboffices of the authority, insurance protecting the 3,582
authority and its officers and employees against liability for 3,583
damage to property or injury to or death of persons arising from 3,584
its operations, and any other insurance the authority may agree 3,585
to provide under any resolution authorizing its air quality 3,586
revenue bonds or in any trust agreement securing the same; 3,587
(P) Charge, alter, and collect rentals and other charges 3,589
for the use or services of any air quality project as provided in 3,590
section 3706.13 of the Revised Code; 3,591
(Q) Provide coverage for its employees under Chapters 3,593
145., 4123., and 4141. of the Revised Code; 3,594
(R) Do all acts necessary or proper to carry out the 3,596
powers expressly granted in this chapter. 3,597
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 3,599
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 3,600
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 3,601
5301.012 OF THE REVISED CODE.
Sec. 3747.06. (A) The board of directors of the Ohio 3,611
low-level radioactive waste facility development authority shall 3,612
do all of the following:
(1) Adopt bylaws for the regulation of its affairs and the 3,615
conduct of its business;
(2) Maintain a principal office at a location that it 3,617
designates in the state; 3,618
(3) Employ and fix the compensation of employees, 3,620
including an executive director who shall serve at the pleasure 3,621
of the board; in consultation with the executive director, 3,622
develop an organizational plan for the hiring of additional staff 3,623
and specify which of those staff shall be in the classified civil 3,624
service pursuant to Chapter 124. of the Revised Code and which of 3,626
88
those staff shall serve at the pleasure of the executive
director; and provide coverage for its employees under Chapters 3,628
4123. and 4141. of the Revised Code. The board may delegate to 3,629
the executive director authority to make personnel decisions with 3,630
respect to employees, subject to applicable law. The board of 3,631
directors may lay off employees of the authority that are in the 3,632
classified service pursuant to Chapter 124. of the Revised Code
as may be appropriate or delegate that decision to the executive 3,633
director.
(4) Utilize the expertise of other state agencies and 3,635
departments to the fullest extent possible. The agencies and 3,636
departments shall be paid for the cost of providing services to 3,637
the board. 3,638
(5) Provide for the establishment of a statewide public 3,640
information and involvement program and of a public document 3,641
repository in Columbus and in each community in which a site 3,642
undergoing site characterization is located, provided that after 3,644
a site is licensed as a facility and the license is finally 3,646
determined to be valid, a public document repository shall no 3,648
longer be required in the other communities that underwent 3,649
characterization. A copy of all records of the board, including 3,650
the minutes of the board, and of the contractor relating to the
screening, siting, design, construction, operation, institutional 3,652
control, and long-term care of the facility shall be kept 3,653
permanently by the board and the contractor, respectively. 3,654
(6) Not later than eighteen months after September 8, 3,657
1995, select a private entity as a contractor to begin 3,658
development, as defined in section 3747.01 of the Revised Code, 3,661
of a facility. Not later than thirty months after September 8, 3,662
1995, the board shall select one or more private entities as a 3,663
contractor or contractors to complete development of and operate 3,664
a facility, except that the board may choose not to select one or 3,665
more private entities as a contractor to complete development of 3,666
and operate a facility if the low-level radioactive waste 3,667
89
commission has not complied with any request made under division 3,668
(B)(6) of this section. Notwithstanding sections 153.50, 153.51, 3,670
and 153.52 of the Revised Code, the board may award a single 3,672
contract for the development, construction, and operation of a 3,673
facility.
(7) Approve, approve with modifications requested by the 3,676
board, or disapprove the design of the facility and any
subsequent revisions to it that are proposed by the contractor. 3,678
If the board disapproves the design or revisions, it shall 3,679
provide reasons for the disapproval and require the contractor to 3,680
submit a new design or revisions.
(8) Not later than twenty-four months after September 8, 3,683
1995, approve, approve with modifications requested by the board, 3,685
or disapprove and, when approved, implement a statewide screening 3,686
process, prepared by the contractor selected under division 3,687
(A)(6) of this section with the assistance of the board and its 3,688
employees, through which the exclusionary siting criteria 3,689
established in section 3747.12 of the Revised Code and further 3,690
specified in rules adopted under division (A)(3) of section 3,691
3747.07 of the Revised Code and the preference siting criteria 3,692
established in section 3747.12 of the Revised Code and further
specified in rules adopted under division (A)(3) of section 3,693
3747.07 of the Revised Code shall be applied. If the board 3,695
disapproves the screening process, it shall provide reasons for 3,696
the disapproval and require the contractor to submit a new 3,697
screening process.
(9) Approve, approve with modifications requested by the 3,700
board, or disapprove the geologic and hydrogeologic database and 3,701
other appropriate databases to be used by the contractor for 3,702
application of the siting criteria. If the board disapproves a 3,703
database, it shall provide reasons for the disapproval and 3,704
require the contractor to submit a new database. 3,705
(10) Establish a program to offer research grants to state 3,708
universities and colleges as defined in division (A)(1) of 3,709
90
section 3345.12 of the Revised Code and nonprofit institutions of 3,711
higher education holding a certificate of authorization from the 3,712
Ohio board of regents under Chapter 1713. of the Revised Code for 3,715
the study and development of technology for the reduction,
management, treatment, disposal, and monitoring of low-level 3,717
radioactive waste. Until moneys are collected through the fee 3,718
system established in rules adopted under division (B) of section 3,719
3747.07 of the Revised Code, the total amount of moneys available 3,720
annually for grants shall not exceed five per cent of the board's 3,721
annual budget. When moneys are collected through that fee
system, the total amount of moneys available annually for grants 3,722
shall not exceed one per cent of the moneys collected during the 3,723
preceding fiscal year through the fee system. The grants shall 3,724
be awarded in accordance with rules adopted under division (B)(8) 3,726
of section 3747.07 of the Revised Code. 3,727
(11) Not more than forty-two months after September 8, 3,730
1995, approve for site characterization at least three 3,732
potentially suitable disposal sites from among the sites
recommended by the contractor, provided that each state that is a 3,734
member of the midwest interstate compact on low-level radioactive 3,735
waste entered into under section 3747.01 of the Revised Code has 3,736
enacted, and the United States congress has consented to, the 3,737
amendments to the compact made by this act SUBSTITUTE SENATE BILL 3,738
NO. 19 OF THE 121st GENERAL ASSEMBLY; 3,739
(12) Not more than fifty-seven months after September 8, 3,741
1995, from among the characterized sites, select the disposal 3,744
site to be submitted for licensure as the facility under Chapter 3,745
3748. of the Revised Code, provided that the midwest interstate 3,746
low-level radioactive waste commission created in Article III(A) 3,747
of the midwest interstate compact on low-level radioactive waste 3,748
entered into under section 3747.01 of the Revised Code has 3,749
selected and notified the next host state under the compact; 3,751
(13) Acquire real property in fee simple on behalf of the 3,753
state for the purpose of operating the facility, including real 3,754
91
property to be used as an ecological monitoring zone in 3,755
accordance with section 3747.14 of the Revised Code. For the 3,756
purposes of division (A)(13) of this section, the board may 3,758
appropriate real property in accordance with Chapter 163. of the 3,759
Revised Code.
(14) Establish quality assurance and quality control 3,761
programs for all phases of development, siting, construction, 3,762
operation, closure, institutional control, and long-term care of 3,763
the facility; 3,764
(15) Approve, approve with modifications requested by the 3,767
board, or disapprove and, if approved, supervise activities
within the ecological monitoring zone; 3,768
(16) Approve or disapprove petitions submitted by 3,770
communities that wish to be identified as affected communities; 3,771
(17) Approve, approve with modifications requested by the 3,774
board, or disapprove community compensation and benefits
agreements as negotiated with the host community and any affected 3,775
community or communities by the staff of the board. If the board 3,776
disapproves the community compensation agreement negotiated with 3,777
the host community, it shall provide reasons for the disapproval 3,778
and require the staff to renegotiate the agreement. 3,779
(18) In consultation with the director of health, 3,781
establish epidemiological health studies if requested by the 3,783
legislative authority of the host community;
(19) Approve, approve with modifications requested by the 3,786
board, or disapprove methods proposed by the contractor to
provide institutional control and long-term care of the facility 3,787
for a minimum of five hundred years. If the board disapproves 3,788
the methods, it shall provide reasons for the disapproval and 3,789
require the contractor to submit new institutional control and 3,790
long-term care methods. 3,791
(20) Pursuant to division (A)(3) of section 3748.09 of the 3,794
Revised Code, advise the department of health on the hiring of an 3,795
independent person to examine the license review process for the 3,796
92
facility;
(21) Approve, approve with modifications requested by the 3,799
board, or disapprove the form of the waste acceptance agreement 3,800
prepared by the contractor under division (A) of section 3747.17 3,801
of the Revised Code. If the board disapproves the form, it shall 3,802
provide reasons for the disapproval and require the contractor to 3,803
submit a new form.
(22) Enter into agreements with agencies of other party 3,805
states to the midwest interstate compact on low-level radioactive 3,806
waste for the purpose of verifying information in the waste 3,807
minimization reports required under section 3747.17 of the 3,808
Revised Code;
(23) Ensure that sufficient resources are allocated for 3,810
both of the following: 3,811
(a) Institutional control through the fee system 3,814
established in rules adopted under division (B) of section 3,815
3747.07 of the Revised Code pursuant to Article VI(J) of the 3,816
midwest interstate compact on low-level radioactive waste 3,817
established under section 3747.01 of the Revised Code; 3,818
(b) Long-term care for a minimum of five hundred years 3,821
through the long-term care fund established pursuant to Article 3,822
VI(O) of the compact.
(24) Approve, approve with modifications requested by the 3,824
board, or disapprove termination of the long-term care of the 3,825
facility, and provide reasons for that decision; 3,826
(25) In the event of a failure of a facility that results 3,828
in a release of radioactivity in excess of prescribed limits, 3,829
approve, approve with modifications requested by the board, or 3,830
disapprove a program to correct the failure and contain and 3,831
remediate any contamination caused by the release. 3,832
(B) The board may do any of the following: 3,834
(1) Make and enter into all contracts and agreements 3,836
necessary or incidental to the performance of its duties and the 3,837
execution of its powers under this chapter. If the board enters 3,839
93
into more than one contract for the purpose of executing the 3,840
duties of a contractor specified in this chapter or Chapter 3748. 3,841
of the Revised Code or rules adopted under either chapter, the 3,843
specific duties so established apply to the appropriate 3,845
contractor. Any other requirement established under this chapter 3,846
or Chapter 3748. of the Revised Code or rules adopted under 3,848
either chapter regarding a contractor applies to any contractor 3,849
with whom the board proposes to enter or has entered into a
contract, except that the board may establish different 3,850
requirements under those rules for contractors that execute 3,851
separate duties.
(2) Sue and be sued in the name of the authority and plead 3,854
and be impleaded, provided that any actions against the authority 3,855
shall be brought in the court of common pleas of the county in 3,856
which the office of the board is located or in the court of 3,857
common pleas of the county in which the cause of action arose if 3,858
that county is in the state. All summonses, exceptions, and 3,859
notices of every kind shall be served on the authority by leaving 3,860
a copy thereof at the principal office of the board with the
executive director. 3,861
(3) Establish a peer review committee to review, analyze, 3,863
and make recommendations regarding the screening and siting 3,864
process established in rules adopted under division (A)(3) of 3,865
section 3747.07 of the Revised Code and the design and 3,866
construction of the facility. Such a committee shall consist of 3,867
not less than two nor more than three persons representing each 3,868
of the professional fields described in division (B) of section 3,870
3747.05 of the Revised Code. Each member of the committee shall 3,872
be a resident of this state and shall have recognized ability, 3,873
credentials, and experience in the member's professional field of 3,874
expertise. If the board establishes such a committee, it shall 3,875
do so no later than twelve months after September 8, 1995, and 3,877
shall disband it when the facility begins operating. 3,878
(4) Periodically review compensation of board members and 3,880
94
make recommendations to the general assembly regarding any needed 3,881
changes in compensation of board members; 3,882
(5) Perform all other acts necessary or proper to carry 3,884
out the powers expressly granted in this chapter; 3,885
(6) Not later than January 1, 1998, request the midwest 3,888
interstate low-level radioactive waste commission created in 3,889
Article III of the midwest interstate low-level radioactive waste 3,890
compact entered into under section 3747.01 of the Revised Code to 3,893
locate its principal office at a location of the commission's
choosing within this state. 3,894
(C) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 3,896
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 3,898
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 3,899
SECTION 5301.012 OF THE REVISED CODE.
Sec. 3747.14. (A) The board of directors of the Ohio 3,909
low-level radioactive waste facility development authority shall 3,910
designate and maintain an ecological monitoring zone surrounding 3,911
and contiguous with the disposal site selected under division 3,912
(A)(12) of section 3747.06 and section 3747.11 of the Revised 3,913
Code. The board, on behalf of the state, shall acquire real 3,914
property to be used as the zone as provided in division (A)(13) 3,915
of section 3747.06 of the Revised Code. 3,916
The size and shape of the zone shall be based on the unique 3,919
topography and geology of the disposal site and shall be designed 3,920
to provide a logical unit of space. Except as provided in
division (A)(17) of section 3747.12 of the Revised Code, the 3,921
exclusionary siting criteria established under that section and 3,922
further specified in rules adopted under division (A)(3) of 3,924
section 3747.07 of the Revised Code do not apply to the 3,925
ecological monitoring zone. However, the zone may be located in 3,926
an area identified under division (A)(3) of section 3747.12 of 3,927
the Revised Code only if the authority is awarded control by the 3,928
federal government or the state, as appropriate, over the portion 3,929
of the area in which the zone will be located. 3,930
95
(B) The ecological monitoring zone shall remain 3,932
uninhabited and shall provide opportunities for comprehensive 3,933
monitoring around the disposal site by agencies of the state, 3,934
other public entities, individuals, and organizations whose 3,935
projects are approved by the board in accordance with rules 3,936
adopted under division (A)(11) of section 3747.07 of the Revised 3,938
Code. The board shall approve and supervise all activities that 3,939
are conducted within the zone.
(C) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 3,941
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 3,943
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 3,944
SECTION 5301.012 OF THE REVISED CODE.
Sec. 3793.031. The director of alcohol and drug addiction 3,953
services may acquire by purchase, lease, or otherwise such real 3,954
and personal property rights in the name of the state as are 3,955
necessary for the purposes of the department. The director, with 3,956
the approval of the governor and the attorney general, may sell, 3,957
lease, or exchange portions of real and personal property of the 3,958
department when the sale, lease, or exchange is advantageous to
the state. Money received from such sales, leases, or exchanges 3,959
shall be credited to the general revenue fund. 3,960
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 3,962
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 3,963
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 3,964
5301.012 OF THE REVISED CODE.
Sec. 4582.06. A port authority created in accordance with 3,973
section 4582.02 of the Revised Code may: 3,974
(A) Purchase, construct, reconstruct, enlarge, improve, 3,976
equip, develop, sell, exchange, lease, convey other interests in, 3,977
and operate port authority facilities, and make charges for the 3,978
use thereof, which shall be not less than the charges established 3,979
for the same services furnished by a public utility or common 3,980
carrier in the particular port authority jurisdiction; 3,981
(B) Straighten, deepen, and improve any canal, channel, 3,983
96
river, stream, or other water course or way which may be 3,984
necessary or proper in the development of the facilities of such 3,985
port; 3,986
(C) Acquire, own, hold, sell, lease, or operate real or 3,988
personal property for the authorized purposes of the port 3,989
authority; 3,990
(D) Issue bonds or notes for the acquisition or 3,992
construction of any permanent improvement which a port authority 3,993
is authorized to acquire or construct, in compliance with Chapter 3,994
133. of the Revised Code, except that such bonds or notes may 3,995
only be issued pursuant to a vote of the electors residing within 3,996
the territory of the port authority. The net indebtedness 3,997
incurred by a port authority shall never exceed two per cent of 3,998
the total value of all property within the territory comprising 3,999
such authority as listed and assessed for taxation. 4,000
(E) By resolution of its board of directors, issue revenue 4,002
bonds beyond the limit of bonded indebtedness provided by law, 4,003
for the purpose of acquiring, constructing, or developing any 4,004
port authority facility, other than a residential facility, 4,005
including all costs in connection with or incidental to such 4,006
acquisition, construction, or development. Pursuant to Section 4,007
13 of Article VIII, Ohio Constitution, and in order to create or 4,008
preserve jobs and employment opportunities and improve the 4,009
economic welfare, the port authority may loan moneys for or 4,010
acquire, construct, reconstruct, develop, enlarge, improve, 4,011
furnish, equip, sell, exchange, lease, convey other interests in, 4,012
or lease with a contract or option to purchase, at such amount as 4,013
the board of directors in its sole discretion may determine, real 4,014
property, machinery, equipment, plants, factories, offices, and 4,015
other structures and facilities for industry, commerce, 4,016
distribution, and research, provided that when the costs thereof 4,017
are to be paid by the port authority, the acquisition, 4,018
construction, reconstruction, development, enlargement, 4,019
improvement, and equipment of such property, plants, factories, 4,020
97
offices, and other structures and facilities shall only be 4,021
financed from the proceeds of revenue bonds issued under 4,022
authority of this division or in a manner consistent with Section 4,023
13 of Article VIII, Ohio Constitution. 4,024
The port authority may construct, reconstruct, equip, or 4,026
operate any facilities which it is authorized to acquire, 4,027
purchase, or lease. Any sale, lease, lease with option to 4,028
purchase, conveyance of other interests in, or contract for 4,029
acquiring, constructing, reconstructing, operating, developing, 4,030
enlarging, improving, or equipping any real property, plant, 4,031
factory, office, or other structure or facility for industry, 4,032
commerce, distribution, recreation, and research shall be made in 4,033
such manner as is determined by the board of directors and shall 4,034
not be subject to the provisions of section 4582.12 of the 4,035
Revised Code. The revenue bonds of the port authority shall be 4,036
secured only by a pledge of and a lien on the revenues of the 4,037
port authority derived from loan payments, rentals, fees, 4,038
charges, or other revenues from any improvements and facilities 4,039
as are designated in the resolution, including but not limited to 4,040
the improvements and facilities to be financed from or 4,041
constructed, developed, or acquired with the proceeds of the bond 4,042
issue, after provision only for the reasonable cost of operating, 4,043
maintaining, and repairing the improvements and facilities of the 4,044
port authority so designated. The bonds may further be secured 4,045
by the covenant of the port authority to maintain such rates or 4,046
charges as will produce revenues sufficient to meet costs of 4,047
operating, maintaining, and repairing such improvements and 4,048
facilities and to meet the interest and principal requirements of 4,049
such bonds and to establish and maintain reserves for the 4,050
foregoing purposes. The board of directors may, by resolution, 4,051
provide for the issuance of additional revenue bonds from time to 4,052
time, such bonds to be secured equally and ratably, without 4,053
preference, priority, or distinction, with outstanding revenue 4,054
bonds, but subject to the terms and limitations of any trust 4,055
98
agreement described in this section, and of any resolution 4,056
authorizing bonds then outstanding. The board of directors may 4,057
by resolution designate additional improvements and facilities of 4,058
the port authority, the revenues of which shall be pledged and be 4,059
subject to a lien for service of the principal and interest 4,060
requirements of revenue bonds theretofore authorized by 4,061
resolution of the board of directors, to the same extent as the 4,062
revenues above described. 4,063
In the discretion of the board of directors of the port 4,065
authority, the revenue bonds of the port authority may be secured 4,066
by a trust agreement between the board of directors on behalf of 4,067
the port authority and a corporate trustee, which trustee may be 4,068
any trust company or bank having powers of a trust company, 4,069
within or without the state. 4,070
The trust agreement may provide for the pledge or 4,072
assignment of the revenues to be received, but shall not pledge 4,073
the general credit and taxing power of the port authority. A 4,074
trust agreement securing revenue bonds issued to acquire, 4,075
construct, reconstruct, develop, enlarge, improve, or equip real 4,076
property, plants, factories, offices, and other structures and 4,077
facilities for industry, commerce, distribution, and research, 4,078
may mortgage the real or personal property, or both, to be 4,079
acquired, constructed, reconstructed, developed, enlarged, or 4,080
improved from the proceeds of such revenue bonds, as further 4,081
security for such bonds. The trust agreement or the resolution 4,082
providing for the issuance of revenue bonds may set forth the 4,083
rights and remedies of the bondholders and trustee, and may 4,084
contain such other provisions for protecting and enforcing their 4,085
rights and remedies as are in the discretion of the board of 4,086
directors reasonable and proper. Such agreement or resolution 4,087
may provide for the custody, investment, and disbursement of all 4,088
moneys derived from the sale of such bonds, or from the revenues 4,089
of the port authority, other than those moneys received from 4,090
taxes levied pursuant to section 4582.14 of the Revised Code, and 4,091
99
may provide for the deposit of such funds without regard to 4,092
section 4582.15 of the Revised Code. 4,093
The revenue bonds shall bear interest at such rate or rates 4,095
and shall mature within forty years following the date of 4,096
issuance and in such amount, at such times, and in such number of 4,097
installments, as may be provided in the resolution authorizing 4,098
their issuance. Such resolution shall also provide for the 4,099
execution and sealing of the bonds and the use of facsimile 4,100
signatures and facsimile of the seal, the manner of sale of the 4,101
bonds, and such other terms and conditions relative to the 4,102
issuance, sale, and retirement of said bonds as the board of 4,103
directors in their discretion believe reasonable and proper. 4,104
Whenever a port authority considers it expedient, it may 4,106
issue renewal notes and refund any bonds, whether the bonds to be 4,107
refunded have or have not matured. The refunding bonds shall be 4,108
sold and the proceeds applied to the purchase, redemption, or 4,109
payment of the bonds to be refunded. The bonds and notes issued 4,110
under this chapter, their transfer, and the income therefrom, 4,111
shall at all times be free from taxation within the state. 4,112
(F) Apply to the proper authorities of the United States 4,114
pursuant to appropriate law for the right to establish, operate, 4,115
and maintain foreign trade zones and to establish, operate, and 4,116
maintain such foreign trade zones; and purchase, lease, or 4,117
acquire land or property therefor, in a manner consistent with 4,118
section 4582.17 of the Revised Code; 4,119
(G) Exercise the right of eminent domain to appropriate 4,121
any land, rights, rights-of-way, franchises, easements, or other 4,122
property, necessary or proper for the construction or the 4,123
efficient operation of any facility of the port authority and 4,124
included in its official plan, pursuant to the procedure provided 4,125
in sections 163.01 to 163.22 of the Revised Code, if funds equal 4,126
to the appraised value of the property to be acquired as the 4,127
result of such proceedings, are on hand and available for such 4,128
purposes, except that: 4,129
100
(1) Nothing NOTHING contained in sections 4582.01 to 4,131
4582.20 of the Revised Code, shall authorize a port authority to 4,132
take or disturb property or facilities belonging to any public 4,133
corporation, public utility, or common carrier, which property or 4,134
facilities are necessary and convenient in the operation of such 4,135
public corporation, public utility, or common carrier, unless 4,136
provision is made for the restoration, relocating, or duplication 4,137
of such property or facilities, or upon the election of such 4,138
public corporation, public utility, or common carrier, for the 4,139
payment of compensation, if any, at the sole cost of the port 4,140
authority, provided that: 4,141
(a)(1) If any restoration or duplication proposed to be 4,143
made pursuant to this section involves a relocation of such 4,144
property or facilities, the new facilities and location shall be 4,145
of at least comparable utilitarian value and effectiveness, and 4,146
such relocation shall not impair the ability of the public 4,147
utility or common carrier to compete in its original area of 4,148
operation.
(b)(2) If any restoration or duplication made pursuant to 4,150
this section involves a relocation of such property or 4,151
facilities, the port authority shall acquire no interest or right 4,152
in or to the appropriated property or facilities, except as 4,153
provided in division (J) of this section, until the relocated 4,154
property or facilities are available for use and until marketable 4,155
title thereto has been transferred to the public utility or 4,156
common carrier. 4,157
(c)(3) Provisions for restoration or duplication shall be 4,159
described in detail in the resolution for appropriation passed by 4,160
the port authority. 4,161
(H) Enjoy and possess the same rights, privileges, and 4,163
powers granted municipal corporations under sections 721.04 to 4,164
721.11 of the Revised Code; 4,165
(I) Maintain such funds as it considers necessary; 4,167
(J) Direct its agents or employees, when properly 4,169
101
identified in writing, and after at least five days' written 4,170
notice, to enter upon lands within the confines of its 4,171
jurisdiction in order to make surveys and examinations 4,172
preliminary to location and construction of works for the 4,173
purposes of the port authority, without liability of the port 4,174
authority or its agents or employees except for actual damage 4,175
done; 4,176
(K) Sell, lease, or convey other interests in real and 4,178
personal property and grant easements or rights-of-way over 4,179
property of the port authority. The board of directors of the 4,180
port authority shall specify the consideration and any terms 4,181
thereof for such sale, lease, or conveyance of other interests in 4,182
real and personal property. Any determinations made by the board 4,183
of directors under this division shall be conclusive. Such sale, 4,184
lease, or conveyance may be made without advertising and the 4,185
receipt of bids. 4,186
(L) Promote, advertise, and publicize the port authority 4,188
facilities and its authorized purposes, provide information to 4,189
persons with an interest in transportation and other port 4,190
authority activities, and appear before rate-making authorities 4,191
to represent and promote the interests of the port authority and 4,192
its authorized purposes; 4,193
(M) Adopt rules, not in conflict with general law, 4,195
governing the use of its property, grounds, buildings, equipment, 4,196
and facilities, and governing the conduct of its employees and 4,197
the public, in order to promote the public safety and convenience 4,198
in and about its terminals and grounds, and to maintain order. 4,199
Any such regulation shall be posted at a prominent place in each 4,200
of the buildings, terminals, or facilities to which it applies. 4,201
No person shall violate any lawful regulation adopted and posted 4,202
as provided in this division. 4,203
(N) Do all acts necessary or appropriate to carry out its 4,205
authorized purposes. The port authority shall have the powers 4,206
and rights granted to other subdivisions under section 9.20 of 4,207
102
the Revised Code. 4,208
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 4,210
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 4,211
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 4,212
5301.012 OF THE REVISED CODE.
Sec. 4582.31. A port authority created in accordance with 4,221
section 4582.22 of the Revised Code may: 4,222
(A) Adopt bylaws for the regulation of its affairs and the 4,224
conduct of its business; 4,225
(B) Adopt an official seal; 4,227
(C) Maintain a principal office within its jurisdiction, 4,229
and maintain such branch offices as it may require; 4,230
(D) Acquire, purchase, construct, reconstruct, enlarge, 4,232
furnish, equip, maintain, repair, sell, exchange, lease or rent 4,233
to, lease or rent from, or operate port authority facilities; 4,234
(E) Straighten, deepen, and improve any channel, river, 4,236
stream, or other water course or way which may be necessary or 4,237
proper in the development of the facilities of a water port; 4,238
(F) Make available the use or services of any port 4,240
authority facility to one or more persons, one or more 4,241
governmental agencies, or any combination thereof; 4,242
(G) Issue bonds or notes for the acquisition or 4,244
construction of any port authority facility or other permanent 4,245
improvement which a port authority is authorized to acquire or 4,246
construct, in compliance with Chapter 133. of the Revised Code, 4,247
except that such bonds or notes may only be issued pursuant to a 4,248
vote of the electors residing within the area of jurisdiction of 4,249
the port authority. The net indebtedness incurred by a port 4,250
authority shall never exceed two per cent of the total value of 4,251
all property within the territory comprising such port authority 4,252
as listed and assessed for taxation. 4,253
(H) Issue port authority revenue bonds beyond the limit of 4,255
bonded indebtedness provided by law, payable solely from revenues 4,256
as provided in section 4582.48 of the Revised Code, unless the 4,257
103
bonds be refunded by refunding bonds, for the purpose of 4,258
providing funds to pay the costs of any port authority facility 4,259
or facilities or parts thereof, pursuant to Section 13 of Article 4,260
VIII, Ohio Constitution, and in order to create or preserve jobs 4,261
and employment opportunities and improve the economic welfare of 4,262
the people of the state; 4,263
(I) Apply to the proper authorities of the United States 4,265
pursuant to appropriate law for the right to establish, operate, 4,266
and maintain foreign trade zones and establish, operate, and 4,267
maintain such foreign trade zones in accordance with the "Foreign 4,268
Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to 81u; 4,270
(J) Enjoy and possess the same rights, privileges, and 4,272
powers granted municipal corporations under sections 721.04 to 4,273
721.11 of the Revised Code; 4,274
(K) Maintain such funds as it considers necessary; 4,276
(L) Direct its agents or employees, when properly 4,278
identified in writing, and after at least five days' written 4,279
notice, to enter upon lands within the confines of its 4,280
jurisdiction in order to make surveys and examinations 4,281
preliminary to location and construction of works for the 4,282
purposes of the port authority, without liability of the port 4,283
authority or its agents or employees except for actual damage 4,284
done; 4,285
(M) Promote, advertise, and publicize the port authority 4,287
and its facilities; provide information to shippers and other 4,288
commercial interests; and appear before rate-making authorities 4,289
to represent and promote the interests of the port authority; 4,290
(N) Adopt rules, not in conflict with general law, 4,292
governing the use of its property, grounds, buildings, equipment, 4,293
and facilities, and governing the conduct of its employees and 4,294
the public, in order to promote the public safety and convenience 4,295
in and about its facilities and grounds, and to maintain order. 4,296
Any such rule shall be posted at a prominent place in each of the 4,297
facilities to which it applies. No person shall violate any 4,298
104
lawful rule adopted and posted as provided in this division. 4,299
(O) Acquire by gift or purchase, hold, lease, and dispose 4,301
of real and personal property and interests therein in the 4,302
exercise of the powers of the port authority and the performance 4,303
of its duties under sections 4582.21 to 4582.59 of the Revised 4,304
Code; 4,305
(P) Acquire, in the name of the port authority, by 4,307
purchase or otherwise, on such terms and in such manner as the 4,308
port authority finds proper, or by the exercise of the right of 4,309
condemnation in the manner provided by section 4582.56 of the 4,310
Revised Code, such public or private lands, including public 4,311
parks, playgrounds, or reservations, or parts thereof or rights 4,312
therein, rights-of-way, property, rights, easements, and 4,313
interests as it finds necessary for carrying out sections 4582.21 4,314
to 4582.59 of the Revised Code, and compensation shall be paid 4,315
for public or private lands so taken; 4,316
(Q) Make and enter into all contracts and agreements and 4,318
execute all instruments necessary or incidental to the 4,319
performance of its duties and the execution of its powers under 4,320
sections 4582.21 to 4582.59 of the Revised Code. 4,321
(1) When the cost under any such contract or agreement, 4,323
other than compensation for personal services, involves an 4,324
expenditure of more than ten thousand dollars, the port authority 4,325
shall make a written contract with the lowest responsive and 4,326
responsible bidder, in accordance with section 9.312 of the 4,327
Revised Code, after advertisement once a week for not less than 4,328
two consecutive weeks in a newspaper of general circulation in 4,329
the county where the facility is located, and in such other 4,330
publications as the port authority determines, which notice shall 4,331
state the general character of the work and the general character 4,332
of the materials to be furnished, the place where plans and 4,333
specifications therefor may be examined, and the time and place 4,334
of receiving bids; provided, that a contract or lease for the 4,335
operation of a port authority facility constructed and owned by 4,336
105
the port authority or an agreement for cooperation in the 4,337
acquisition or construction of a port authority facility pursuant 4,338
to section 4582.43 of the Revised Code or any contract for the 4,339
construction of a port authority facility that is to be leased by 4,340
the port authority to, and operated by, persons who are not 4,341
governmental agencies and the cost of such facility is to be 4,342
amortized exclusively from rentals or other charges paid to the 4,343
port authority by persons who are not governmental agencies is 4,344
not subject to the foregoing requirements and the port authority 4,345
may enter into such contract, lease, or agreement pursuant to 4,346
negotiation and upon such terms and conditions and for such 4,347
period as it finds to be reasonable and proper in the 4,348
circumstances and in the best interests of proper operation or of 4,349
efficient acquisition or construction of such facility. 4,350
(2) Each bid shall contain the full name of every person 4,352
interested in it and shall be accompanied by a sufficient bond or 4,353
certified check on a solvent bank that if the bid is accepted a 4,354
contract will be entered into and the performance thereof 4,355
secured. 4,356
(3) The port authority may reject any and all bids. 4,358
(4) A bond with good and sufficient surety, approved by 4,360
the port authority, shall be required of all contractors in an 4,361
amount equal to at least fifty per cent of the contract price, 4,362
conditioned upon the faithful performance of the contract. 4,363
(R) Employ managers, superintendents, and other employees 4,365
and retain or contract with consulting engineers, financial 4,366
consultants, accounting experts, architects, attorneys, and such 4,367
other consultants and independent contractors as are necessary in 4,368
its judgment to carry out this chapter, and fix the compensation 4,369
thereof. All expenses thereof shall be payable from any 4,370
available funds of the port authority or from funds appropriated 4,371
for such purpose by a political subdivision creating or 4,372
participating in the creation of the port authority. 4,373
(S) Receive and accept from any federal agency grants for 4,375
106
or in aid of the construction of any port authority facility or 4,376
for research and development with respect to port authority 4,377
facilities, and receive and accept aid or contributions from any 4,378
source of money, property, labor, or other things of value, to be 4,379
held, used, and applied only for the purposes for which such 4,380
grants and contributions are made; 4,381
(T) Engage in research and development with respect to 4,383
port authority facilities; 4,384
(U) Purchase fire and extended coverage and liability 4,386
insurance for any port authority facility and for the principal 4,387
office and branch offices of the port authority, insurance 4,388
protecting the port authority and its officers and employees 4,389
against liability for damage to property or injury to or death of 4,390
persons arising from its operations, and any other insurance the 4,391
port authority may agree to provide under any resolution 4,392
authorizing its port authority revenue bonds or in any trust 4,393
agreement securing the same; 4,394
(V) Charge, alter, and collect rentals and other charges 4,396
for the use or services of any port authority facility as 4,397
provided in section 4582.43 of the Revised Code; 4,398
(W) Provide coverage for its employees under Chapters 4,400
145., 4123., and 4141. of the Revised Code; 4,401
(X) Do all acts necessary or proper to carry out the 4,403
powers expressly granted in sections 4582.21 to 4582.59 of the 4,404
Revised Code. 4,405
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 4,407
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 4,408
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 4,409
5301.012 OF THE REVISED CODE.
Sec. 4981.14. (A) The Ohio rail development commission 4,418
may exercise all powers necessary or appropriate to carry out its 4,419
corporate purposes. 4,420
(B) The commission may do all of the following: 4,422
(1) Adopt, and from time to time, ratify, amend, and 4,424
107
repeal bylaws necessary and proper for the regulation of its 4,425
affairs and the conduct of its business and rules to implement 4,426
and make effective its powers and duties; 4,427
(2) Adopt an official seal; 4,429
(3) Maintain a principal office in Columbus and, if 4,431
necessary, regional sub-offices at locations properly designated 4,432
or provided; 4,433
(4) Sue and be sued in its own name and plead and be 4,435
impleaded in its own name, particularly to enforce the 4,436
obligations and covenants made under sections 4981.13, 4981.14, 4,437
and4981.29 AND 4981.29 of the Revised Code. Any actions against 4,439
the commission shall be brought in the court of common pleas in 4,440
Franklin county, in which the principal office of the commission 4,441
shall be located.
(5) Undertake or cause to be undertaken the acquisition, 4,443
renovation, repair, refunding, operation, maintenance, or 4,444
construction of any rail service project; 4,445
(6) Establish and operate a revolving loan fund for the 4,447
purpose of making loans to qualifying subdivisions, local or 4,448
regional transportation authorities, or other persons for the 4,449
acquisition, renovation, repair, refunding, or construction of 4,450
rail service projects by such qualifying subdivisions, local or 4,452
regional transportation authorities, and private corporations or
organizations, and the repayment thereof from project financing 4,453
proceeds and revenues; purchase the obligations of counties and 4,454
municipal corporations issued for the acquisition, renovation, 4,456
repair, or construction of rail service projects by such 4,457
qualifying subdivisions and local or regional transportation 4,458
authorities; and adopt rules and procedures for making those 4,459
loans or purchasing those obligations;
(7) Issue bonds and notes and refunding obligations of the 4,461
state, payable as provided in this chapter unless the bonds are 4,462
refunded by refunding bonds, for the purpose of borrowing money 4,463
to implement any power granted by divisions (B)(5) and (6) of 4,464
108
this section for one or more rail service projects or parts 4,466
thereof;
(8) Acquire by gift or purchase, hold, or dispose of real 4,468
and personal property in the exercise of its powers and 4,469
performance of its duties as set forth in this chapter; 4,470
(9) Make and enter into all contracts and agreements and 4,472
execute all instruments necessary or incidental to the 4,473
performance of its duties and the execution of its powers and to 4,474
employ natural persons to act on behalf of the commission, and to 4,475
establish the terms and conditions of such employment; 4,476
(10) Receive and accept from any federal agency or other 4,478
person, subject to the approval of the governor, grants for or in 4,479
aid of the construction, repair, renovation, operation, 4,480
maintenance, or acquisition of rail service projects, and receive 4,481
and accept aid or contributions from any source of money, 4,482
property, labor, or other things of value, to be held, used, and 4,483
applied only for the purposes for which the grants and 4,484
contributions are made;
(11) Purchase property coverage and liability insurance 4,486
for any rail service project and for any offices of the 4,487
commission, insurance protecting the commission and its officers 4,488
and employees against liability, if any, or damage to property or 4,489
injury to or death of persons arising from its operations, and 4,490
any other insurance the commission may agree to provide under any 4,491
resolution authorizing the issuance of bonds in accordance with 4,492
sections 4981.11 to 4981.26 of the Revised Code, or in any trust 4,493
agreement securing the same; 4,494
(12) Establish or increase reserves from moneys received 4,496
or to be received by the commission to secure or pay the 4,497
principal of and interest on bonds, notes, or other obligations 4,498
issued by the commission pursuant to this chapter or other law. 4,499
Moneys, funds, and accounts of the commission, however, are 4,500
subject only to audit by the auditor of state and all moneys, 4,501
funds, and accounts shall be held in custody or deposited as 4,502
109
directed by resolution of the commission and unless otherwise 4,503
provided by law all moneys of the commission not pledged to the 4,504
holders of bonds of the commission shall be appropriated by the 4,505
general assembly.
(13) Receive and disburse the proceeds of general 4,507
obligation or other bonds of the state or agencies thereof as may 4,508
be allowed by law pursuant to any resolution or act of the 4,509
general assembly; 4,510
(14) To the extent permitted under its contracts with the 4,512
holders of bonds or notes of the commission, consent to 4,513
modification of the rate of interest, time and payment of 4,514
installment of principal or interest, security, or any other term 4,515
of a bond, contract, or agreement of any kind to which the 4,516
commission is a party; 4,517
(15) Make grants to counties or municipal corporations, 4,519
qualifying subdivisions, local or regional transportation 4,520
authorities, or other persons for one or more rail service 4,522
projects of parts thereof;
(16) Provide consultation services to any qualifying 4,524
subdivision, local or regional transportation authority, or other 4,525
person in connection with the acquisition, renovation, repair, or 4,526
construction of any rail service project; 4,527
(17) Establish and amend the criteria and qualifications 4,529
for the making of any loan to or the purchasing of any bond from 4,530
any qualifying subdivision, local or regional transportation 4,531
authority, or other person and the terms not inconsistent with 4,532
this chapter of any loan or bond purchase agreement with any 4,533
qualifying subdivision, local or regional transportation 4,534
authority, or other person; 4,535
(18) Do all acts necessary and proper to carry out the 4,537
powers expressly granted to the commission in this chapter. 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
110
SECTION 5301.012 OF THE REVISED CODE.
Sec. 4981.32. (A) A franchise agreement shall authorize 4,552
the franchisee to do all of the following: 4,553
(1) Acquire and dispose of real and personal property and 4,555
request the Ohio rail development commission to appropriate real 4,556
property for sale to the franchisee in accordance with division 4,557
(A)(5) of section 4981.29 of the Revised Code; 4,558
(2) Plan, design, finance, construct, reconstruct, 4,560
improve, operate, and maintain its portion of the rail system and 4,561
any ancillary system facilities; 4,562
(3) Set and charge rates and fares for the use of its 4,564
portion of the rail system, and retain all revenues in excess of 4,565
debt service and operating expenses up to an agreed return on 4,566
investment; 4,567
(4) Subject to applicable permit requirements, construct 4,569
and operate the rail system over or under canals, navigable 4,570
watercourses, and existing transportation and public utility 4,571
rights-of-way; 4,572
(5) Classify users according to reasonable categories for 4,574
the assessment of fares, including peak and off-peak time 4,575
periods; 4,576
(6) Make and enforce reasonable regulations regarding 4,578
usage and safety of that portion of the rail system comprising 4,579
its franchise; 4,580
(7) Engage in any other business in addition to that of 4,582
operator of its portion of the rail system, including the 4,583
purchase and sale of real estate and ownership and operation of 4,584
ancillary system facilities; 4,585
(8) Establish and fund accounts, including reasonable 4,587
reserves for contingencies, maintenance, and replacement, in 4,588
order to ensure the availability of funds to meet future 4,589
obligations of the franchisee; 4,590
(9) Take all other actions it determines necessary and 4,592
appropriate in the operation of the franchise, so long as those 4,593
111
actions comply with the franchise agreement and with applicable 4,594
state and federal statutes, rules, and regulations. 4,595
(B) The franchisee shall do all of the following: 4,597
(1) Use best efforts to arrange financing for the 4,599
construction and operation of that portion of the rail system 4,600
that comprises its franchise, and pledge assets and revenue as 4,601
may be necessary to secure repayment of obligations; 4,602
(2) Maintain and file with the commission a schedule of 4,604
rates and fares, and file and maintain a statement that those 4,605
rates and fares apply uniformly to all users of the rail system 4,606
within reasonable categories; 4,607
(3) Construct, maintain, and insure the rail system in 4,609
accordance with standards agreed with the commission, and permit 4,610
access for inspection by the commission. Construction may be 4,611
performed in stages pursuant to a schedule or program approved by 4,612
the commission. 4,613
(4) Enlarge or expand its portion of the rail system from 4,615
time to time, as reflected in initial plans for the franchise and 4,616
as appropriate to meet market requirements; 4,617
(5) Operate the rail system in accordance with applicable 4,619
legal requirements and any additional reasonable operating and 4,620
safety standards the commission approves, or as otherwise may be 4,621
required by applicable state or federal requirements; 4,622
(6) Contract with state, county, or municipal law 4,624
enforcement agencies, or enter into other arrangements acceptable 4,625
to the commission, to provide law enforcement on and around the 4,626
franchisee's portion of the rail system. 4,627
(C) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 4,629
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 4,631
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 4,632
SECTION 5301.012 OF THE REVISED CODE.
Sec. 5119.37. When it is necessary for a state institution 4,641
under the jurisdiction of the department of mental health to 4,642
acquire any real estate, right of way, or easement in real estate 4,643
112
in order to accomplish the purposes for which it was organized or 4,644
is being conducted, and the department is unable to agree with 4,645
the owner of such property upon the price to be paid therefor,
such property may be appropriated in the manner provided for the 4,646
appropriation of property for other state purposes. 4,647
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 4,649
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 4,650
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 4,651
5301.012 OF THE REVISED CODE.
Sec. 5120.46. When it is necessary for a state 4,660
correctional institution to acquire any real estate, 4,661
right-of-way, or easement in real estate in order to accomplish 4,662
the purposes for which it was organized or is being conducted,
and the department of rehabilitation and correction is unable to 4,663
agree with the owner of the property upon the price to be paid 4,664
therefor, the property may be appropriated in the manner provided 4,665
for the appropriation of property for other state purposes. 4,666
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 4,668
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 4,669
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 4,670
5301.012 OF THE REVISED CODE.
Sec. 5123.22. When it is necessary for an institution 4,679
under the jurisdiction of the department of mental retardation 4,680
and developmental disabilities to acquire any real estate, 4,681
right-of-way, or easement in real estate in order to accomplish 4,682
the purposes for which it was organized or is being conducted,
and the department is unable to agree with the owner of such 4,683
property upon the price to be paid therefor, such property may be 4,684
appropriated in the manner provided for the appropriation of 4,685
property for other state purposes. 4,686
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 4,688
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 4,689
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 4,690
5301.012 OF THE REVISED CODE.
113
Sec. 5301.012. (A) AS USED IN THIS SECTION, "AGENCY" 4,693
MEANS EVERY ORGANIZED BODY, OFFICE, OR AGENCY ESTABLISHED BY THE 4,694
LAWS OF THE STATE FOR THE EXERCISE OF ANY FUNCTION OF STATE 4,695
GOVERNMENT.
(B) ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE 4,698
STATE ACQUIRES AN INTEREST IN REAL PROPERTY, INCLUDING ANY DEED, 4,699
TRANSFER, GRANT, RESERVATION, AGREEMENT CREATING AN EASEMENT, OR
LEASE, SHALL IDENTIFY THE AGENCY FOR WHOSE USE AND BENEFIT THE 4,701
INTEREST IN THE REAL PROPERTY IS ACQUIRED.
(C)(1) IF THE INSTRUMENT CONVEYS LESS THAN A FEE SIMPLE 4,703
INTEREST IN REAL PROPERTY AND IF THE AGENCY HAS AUTHORITY TO HOLD 4,706
AN INTEREST IN PROPERTY IN ITS OWN NAME, THE INSTRUMENT SHALL 4,707
STATE THAT THE INTEREST IN THE REAL PROPERTY IS CONVEYED "TO 4,708
.......... (THE NAME OF THE AGENCY)." OTHERWISE, THE INSTRUMENT 4,709
SHALL STATE THAT THE INTEREST IN THE REAL PROPERTY IS CONVEYED 4,710
"TO THE STATE OF OHIO FOR THE USE AND BENEFIT OF .......... (NAME 4,711
OF AGENCY)." 4,712
(2) IF THE INSTRUMENT CONVEYS A FEE SIMPLE INTEREST IN 4,714
REAL PROPERTY AND IF THE AGENCY HAS AUTHORITY TO HOLD A FEE 4,716
SIMPLE INTEREST IN REAL PROPERTY IN ITS OWN NAME, THE DEED OR 4,717
TRANSFER SHALL STATE THAT THE INTEREST IN THE REAL PROPERTY IS 4,719
CONVEYED "TO THE .......... (NAME OF AGENCY) AND ITS SUCCESSORS 4,720
AND ASSIGNS." OTHERWISE, THE INSTRUMENT THAT CONVEYS A FEE 4,721
SIMPLE INTEREST IN THE REAL PROPERTY SHALL STATE "TO THE STATE OF 4,722
OHIO AND ITS SUCCESSORS AND ASSIGNS FOR THE USE AND BENEFIT OF 4,723
.......... (NAME OF AGENCY)."
(D) THE PURPOSE OF SPECIFYING THE NAME OF THE AGENCY IN 4,725
THE INSTRUMENT IS TO IDENTIFY THE AGENCY THAT HAS THE USE AND 4,726
BENEFIT OF THE REAL PROPERTY. THE IDENTIFICATION OF THE AGENCY 4,727
PURSUANT TO THIS SECTION DOES NOT CONFER ON THAT AGENCY ANY 4,728
ADDITIONAL PROPERTY RIGHTS IN REGARD TO THE REAL PROPERTY. 4,729
Sec. 5501.32. The director of transportation may purchase 4,738
property in fee simple in the name of the state by warranty deed, 4,739
and all or any part of a tract of land when the acquisition of a 4,740
114
part of the land needed for highway purposes will result in 4,741
substantial damages to the residue by severance, controlled 4,742
access, or isolation. The warranty deed shall contain a 4,743
description of the property suitable for platting on tax maps. 4,744
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO 4,745
THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE 4,746
USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 4,747
5301.012 OF THE REVISED CODE.
The director, in the name of the state, may sell all the 4,749
right, title, and interest of the state in any part of land not 4,750
required for highway purposes, provided the director shall have 4,751
the parcel of land appraised by a department prequalified 4,752
appraiser. 4,753
Except as otherwise provided in this section, the director 4,755
shall advertise the sale of land not required for highway 4,757
purposes in a newspaper of general circulation in the county in 4,758
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 4,760
public auction to the highest bidder for not less than two-thirds 4,761
of its appraised value, but the director may reject all bids that 4,762
are less than the full appraised value of the land. 4,764
If, however, land not required for highway purposes is 4,766
appraised as having a current fair market value of five thousand 4,768
dollars or less, the director may sell the land to the sole 4,769
abutting owner through a private sale at a price not less than 4,770
its appraised value. If there is more than one abutting owner, 4,771
the director may invite all of the abutting owners to submit 4,772
sealed bids and may sell the land to the highest bidder at not 4,773
less than its appraised value.
All expense incurred in the sale of each parcel of land 4,775
shall be paid out of the proceeds of the sale and the balance 4,776
shall be deposited in the highway fund from which the purchase 4,777
was made. 4,778
The deed to the purchaser of land under this section shall 4,781
115
be prepared by the auditor of state, executed by the governor,
countersigned by the secretary of state, and shall bear the great 4,783
seal of the state.
Sec. 5503.02. (A) The state highway patrol shall enforce 4,793
the laws of the state relating to the titling, registration, and 4,794
licensing of motor vehicles; enforce on all roads and highways, 4,795
notwithstanding section 4513.39 of the Revised Code, the laws 4,796
relating to the operation and use of vehicles on the highways; 4,797
enforce and prevent the violation of the laws relating to the 4,798
size, weight, and speed of commercial motor vehicles and all laws 4,799
designed for the protection of the highway pavements and 4,800
structures on the highways; investigate and enforce rules and 4,801
laws of the public utilities commission governing the 4,802
transportation of persons and property by motor carriers and 4,803
report violations of such rules and laws to the commission; 4,804
enforce against any motor transportation company as defined in 4,805
section 4921.02 of the Revised Code, any contract carrier by 4,806
motor vehicle as defined in section 4923.02 of the Revised Code, 4,807
any private motor carrier as defined in section 4923.20 of the 4,808
Revised Code, and any motor carrier as defined in section 4919.75 4,809
of the Revised Code those rules and laws that, if violated, may 4,810
result in a forfeiture as provided in section 4905.83, 4919.99, 4,811
4921.99, or 4923.99 of the Revised Code; investigate and report 4,813
violations of all laws relating to the collection of excise taxes 4,814
on motor vehicle fuels; and regulate the movement of traffic on 4,815
the roads and highways of the state, notwithstanding section 4,816
4513.39 of the Revised Code. 4,817
The patrol, whenever possible, shall determine the identity 4,819
of the persons who are causing or who are responsible for the 4,820
breaking, damaging, or destruction of any improved surfaced 4,821
roadway, structure, sign, marker, guardrail, or other 4,822
appurtenance constructed or maintained by the department of 4,823
transportation and shall arrest the persons who are responsible 4,824
for the breaking, damaging, or destruction and bring them before 4,825
116
the proper officials for prosecution. 4,826
State highway patrol troopers shall investigate and report 4,828
all motor vehicle accidents on all roads and highways outside of 4,829
municipal corporations. The superintendent of the patrol or any 4,830
state highway patrol trooper may arrest, without a warrant, any 4,831
person, who is the driver of or a passenger in any vehicle 4,832
operated or standing on a state highway, whom the superintendent 4,833
or trooper has reasonable cause to believe is guilty of a felony, 4,835
under the same circumstances and with the same power that any 4,836
peace officer may make such an arrest. 4,837
The superintendent or any state highway patrol trooper may 4,839
enforce the criminal laws on all state properties and state 4,840
institutions, owned or leased by the state, and, when so ordered 4,841
by the governor in the event of riot, civil disorder, or 4,842
insurrection, may, pursuant to sections 2935.03 to 2935.05 of the 4,843
Revised Code, arrest offenders against the criminal laws wherever 4,844
they may be found within the state if the violations occurred 4,845
upon, or resulted in injury to person or property on, state 4,846
properties or state institutions, or under the conditions 4,847
described in division (B) of this section. 4,848
(B) In the event of riot, civil disorder, or insurrection, 4,850
or the reasonable threat of riot, civil disorder, or 4,851
insurrection, and upon request, as provided in this section, of 4,852
the sheriff of a county or the mayor or other chief executive of 4,853
a municipal corporation, the governor may order the state highway 4,854
patrol to enforce the criminal laws within the area threatened by 4,855
riot, civil disorder, or insurrection, as designated by the 4,856
governor, upon finding that law enforcement agencies within the 4,857
counties involved will not be reasonably capable of controlling 4,858
the riot, civil disorder, or insurrection and that additional 4,859
assistance is necessary. In cities in which the sheriff is under 4,860
contract to provide exclusive police services pursuant to section 4,861
311.29 of the Revised Code, in villages, and in the 4,862
unincorporated areas of the county, the sheriff has exclusive 4,863
117
authority to request the use of the patrol. In cities in which 4,864
the sheriff does not exclusively provide police services, the 4,865
mayor, or other chief executive performing the duties of mayor, 4,866
has exclusive authority to request the use of the patrol. 4,867
The superintendent or any state highway patrol trooper may 4,869
enforce the criminal laws within the area designated by the 4,870
governor during the emergency arising out of the riot, civil 4,871
disorder, or insurrection until released by the governor upon 4,872
consultation with the requesting authority. State highway patrol 4,873
troopers shall never be used as peace officers in connection with 4,874
any strike or labor dispute. 4,875
When a request for the use of the patrol is made pursuant 4,877
to this division, the requesting authority shall notify the law 4,878
enforcement authorities in contiguous communities and the sheriff 4,879
of each county within which the threatened area, or any part of 4,880
the threatened area, lies of the request, but the failure to 4,881
notify the authorities or a sheriff shall not affect the validity 4,882
of the request. 4,883
(C) Any person who is arrested by the superintendent or a 4,885
state highway patrol trooper shall be taken before any court or 4,886
magistrate having jurisdiction of the offense with which the 4,887
person is charged. Any person who is arrested or apprehended 4,888
within the limits of a municipal corporation shall be brought 4,889
before the municipal court or other tribunal of the municipal 4,890
corporation. 4,891
(D)(1) State highway patrol troopers have the same right 4,893
and power of search and seizure as other peace officers. 4,894
No state official shall command, order, or direct any state 4,896
highway patrol trooper to perform any duty or service that is not 4,897
authorized by law. The powers and duties conferred on the patrol 4,898
are supplementary to, and in no way a limitation on, the powers 4,899
and duties of sheriffs or other peace officers of the state. 4,900
(2)(a) A state highway patrol trooper, pursuant to the 4,902
policy established by the superintendent of the state highway 4,903
118
patrol under division (D)(2)(b) of this section, may render 4,904
emergency assistance to any other peace officer who has arrest 4,905
authority under section 2935.03 of the Revised Code, if both of 4,906
the following apply: 4,907
(i) There is a threat of imminent physical danger to the 4,909
peace officer, a threat of physical harm to another person, or 4,910
any other serious emergency situation; 4,911
(ii) Either the peace officer requests emergency 4,913
assistance or it appears that the peace officer is unable to 4,914
request emergency assistance and the circumstances observed by 4,915
the state highway patrol trooper reasonably indicate that 4,916
emergency assistance is appropriate. 4,917
(b) The superintendent of the state highway patrol shall 4,919
establish, within sixty days of August 8, 1991, a policy that 4,920
sets forth the manner and procedures by which a state highway 4,921
patrol trooper may render emergency assistance to any other peace 4,922
officer under division (D)(2)(a) of this section. The policy 4,923
shall include a provision that a state highway patrol trooper 4,924
never be used as a peace officer in connection with any strike or 4,925
labor dispute. 4,926
(3)(a) A state highway patrol trooper who renders 4,928
emergency assistance to any other peace officer under the policy 4,929
established by the superintendent pursuant to division (D)(2)(b) 4,930
of this section shall be considered to be performing regular 4,931
employment for the purposes of compensation, pension, indemnity 4,932
fund rights, workers' compensation, and other rights or benefits 4,933
to which the trooper may be entitled as incident to regular 4,935
employment.
(b) A state highway patrol trooper who renders emergency 4,937
assistance to any other peace officer under the policy 4,938
established by the superintendent pursuant to division (D)(2)(b) 4,939
of this section retains personal immunity from liability as 4,940
specified in section 9.86 of the Revised Code. 4,941
(c) A state highway patrol trooper who renders emergency 4,943
119
assistance under the policy established by the superintendent 4,944
pursuant to division (D)(2)(b) of this section has the same 4,945
authority as the peace officer for or with whom he THE STATE 4,946
HIGHWAY PATROL TROOPER is providing emergency assistance. 4,948
(E)(1) Subject to the availability of funds specifically 4,950
appropriated by the general assembly for security detail 4,951
purposes, the state highway patrol shall provide security as 4,952
follows: 4,953
(a) For the governor; 4,955
(b) At the direction of the governor, for other officials 4,957
of the state government of this state; officials of the state 4,958
governments of other states who are visiting this state; 4,959
officials of the United States government who are visiting this 4,960
state; officials of the governments of foreign countries or their 4,961
political subdivisions who are visiting this state; or other 4,962
officials or dignitaries who are visiting this state, including, 4,963
but not limited to, members of trade missions; 4,964
(c) For the capitol square, as defined in section 105.41 4,967
of the Revised Code;
(d) For other state property. 4,969
(2) To carry out the security responsibilities of the 4,971
patrol listed in division (E)(1) of this section, the 4,972
superintendent may assign state highway patrol troopers to a 4,973
separate unit that is responsible for security details. The 4,974
number of troopers assigned to particular security details shall 4,975
be determined by the superintendent. 4,976
(3) The superintendent and any state highway patrol 4,978
trooper, when providing security pursuant to division (E)(1)(a) 4,979
or (b) of this section, have the same arrest powers as other 4,980
peace officers to apprehend offenders against the criminal laws 4,981
who endanger or threaten the security of any person being 4,982
protected, no matter where the offense occurs. 4,983
The superintendent, any state highway patrol trooper, and 4,985
any special police officer designated under section 5503.09 of 4,986
120
the Revised Code, when providing security pursuant to division 4,987
(E)(1)(c) of this section, shall enforce any rules governing 4,988
capitol square adopted by the capitol square review and advisory 4,989
board.
(F) The governor may order the state highway patrol to 4,991
undertake major criminal investigations that involve state 4,992
property interests. If an investigation undertaken pursuant to 4,993
this division results in either the issuance of a no bill or the 4,994
filing of an indictment, the superintendent shall file a complete 4,995
and accurate report of the investigation with the president of 4,996
the senate, the speaker of the house of representatives, the 4,997
minority leader of the senate, and the minority leader of the 4,998
house of representatives within fifteen days after the issuance 4,999
of the no bill or the filing of an indictment. If the 5,000
investigation does not have as its result any prosecutorial 5,001
action, the superintendent shall, upon reporting this fact to the 5,002
governor, file a complete and accurate report of the 5,003
investigation with the president of the senate, the speaker of 5,004
the house of representatives, the minority leader of the senate, 5,005
and the minority leader of the house of representatives. 5,006
(G) The superintendent may purchase or lease real property 5,008
and buildings needed by the patrol, negotiate the sale of real 5,009
property owned by the patrol, rent or lease real property owned 5,010
or leased by the patrol, and make or cause to be made repairs to 5,011
all property owned or under the control of the patrol. ANY 5,012
INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS
DIVISION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE 5,013
AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 5,014
OF THE REVISED CODE.
Sections 123.01 and 125.02 of the Revised Code do not limit 5,016
the powers granted to the superintendent by this division. 5,017
Sec. 5519.01. If the director of transportation is unable 5,026
to purchase property for any purpose related to highways, roads, 5,027
or bridges authorized by Chapters 5501., 5503., 5511., 5513., 5,028
121
5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528., 5,029
5529., 5531., 5533., and 5535. of the Revised Code, or, if the 5,030
Ohio rail development commission is unable to purchase property 5,031
for any purpose necessary for the implementation of rail service 5,033
under Chapter 4981. of the Revised Code, the director shall 5,034
issue, or the commission shall enter on the records of the 5,035
commission, a finding that it is necessary, for the public 5,036
convenience and welfare, to appropriate such property as the 5,037
director or commission considers needed for such purposes. The 5,038
finding shall contain a definite, accurate, and detailed 5,039
description of the property, and the name and place of residence, 5,041
if known or with reasonable diligence ascertainable, of the owner 5,042
of the property appropriated. The commission shall submit to the
director a copy of its record finding that the appropriation of 5,043
property is necessary. The commission shall not proceed with the 5,044
appropriation unless it is first approved by the director. 5,045
The director or commission, in such finding, shall fix what 5,047
the director or commission considers to be the value of such 5,048
property appropriated, together with damages to the residue, and 5,050
deposit the value thereof, together with the damages, with the 5,051
probate court or the court of common pleas of the county within 5,052
which the property, or a part thereof, is situated. The power to 5,053
appropriate property for any purpose authorized by such chapters 5,054
shall be exercised in the manner provided in sections 163.01 to 5,055
163.22 of the Revised Code.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 5,057
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 5,058
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 5,059
5301.012 OF THE REVISED CODE.
Sec. 5529.03. The director of transportation may acquire 5,068
by gift, purchase, or appropriation, any interest, estate, or 5,069
right in and to real property adjacent to highways of this state 5,070
as necessary for the restoration, preservation, and enhancement 5,071
of scenic beauty adjacent to said highways, or for the 5,072
122
establishment of publicly owned and controlled rest and 5,073
recreation areas and sanitary and other facilities within or 5,074
adjacent to the right-of-way of said highways to accommodate the 5,075
traveling public. Nothing in this section authorizes the 5,076
director to appropriate fee simple title to real property further 5,077
than three hundred feet from the nearest edge of the highway 5,078
right-of-way. 5,079
The director may convey or lease any such property adjacent 5,081
to the highway right-of-way to any person or entity in the manner 5,082
and subject to such reservations, conditions, covenants, or other 5,084
contractual arrangements as the director determines will not 5,085
substantially interfere with the scenic character or beauty of 5,086
the area traversed by the highway. 5,087
The director may employ consulting engineers and enter into 5,089
contracts for consulting engineering services with any qualified 5,090
person, firm, partnership, corporation, or association to prepare 5,091
plans and estimates and generally supervise the construction and 5,092
landscaping for scenic enhancement and roadside beautification 5,093
projects, and in the awarding of such contracts compliance with 5,094
sections 5501.17 and 5525.01 of the Revised Code is not required. 5,095
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 5,097
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 5,098
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 5,099
5301.012 OF THE REVISED CODE.
Sec. 5537.06. (A) The Ohio turnpike commission may 5,108
acquire by purchase, lease, lease-purchase, lease with option to 5,109
purchase, appropriation, or otherwise and in such manner and for 5,110
such consideration as it considers proper, any public or private 5,111
property necessary, convenient, or proper for the construction, 5,112
maintenance, or efficient operation of the Ohio turnpike system. 5,113
The commission may pledge net revenues, to the extent permitted 5,114
by this chapter with respect to bonds, to secure payments to be 5,115
made by the commission under any such lease, lease-purchase 5,116
agreement, or lease with option to purchase. Title to personal 5,117
123
property, and interests less than a fee in real property, shall 5,118
be held in the name of the commission. Title to real property 5,119
held in fee shall be held in the name of the state for the use of 5,120
the commission. In any proceedings for appropriation under this 5,121
section, the procedure to be followed shall be in accordance with 5,122
the procedure provided in sections 163.01 to 163.22 of the 5,123
Revised Code, including division (B) of section 163.06 of the 5,124
Revised Code notwithstanding the limitation in that division of 5,125
its applicability to roads open to the public without charge. 5,126
Except as otherwise agreed upon by the owner, full compensation 5,127
shall be paid for public property so taken. 5,128
(B) This section does not authorize the commission to take 5,130
or disturb property or facilities belonging to any public utility 5,131
or to a common carrier engaged in interstate commerce, which 5,132
property or facilities are required for the proper and convenient 5,133
operation of the public utility or common carrier, unless 5,134
provision is made for the restoration, relocation, replication, 5,135
or duplication of the property or facilities elsewhere at the 5,136
sole cost of the commission. 5,137
(C) Disposition of real property shall be by the 5,139
commission in the manner and for the consideration it determines 5,140
if to a state agency or other governmental agency, and otherwise 5,141
in the manner provided in section 5501.45 of the Revised Code for 5,142
the disposition of property by the director of transportation. 5,143
Disposition of personal property shall be in the manner and for 5,144
the consideration the commission determines. 5,145
(D) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 5,147
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 5,149
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 5,150
SECTION 5301.012 OF THE REVISED CODE.
Sec. 6121.04. The Ohio water development authority may do 5,159
any or all of the following: 5,160
(A) Adopt bylaws for the regulation of its affairs and the 5,162
conduct of its business; 5,163
124
(B) Adopt an official seal; 5,165
(C) Maintain a principal office and suboffices at places 5,167
within the state that it designates; 5,168
(D) Sue and plead in its own name, and be sued and 5,170
impleaded in its own name with respect to its contracts or torts 5,171
of its members, employees, or agents acting within the scope of 5,172
their employment, or to enforce its obligations and covenants 5,173
made under sections 6121.06, 6121.08, and 6121.13 of the Revised
Code. Any such actions against the authority shall be brought in 5,174
the court of common pleas of the county in which the principal 5,175
office of the authority is located or in the court of common 5,176
pleas of the county in which the cause of action arose, provided 5,177
that the county is located within this state, and all summonses, 5,178
exceptions, and notices of every kind shall be served on the
authority by leaving a copy thereof at the principal office with 5,179
the person in charge thereof or with the secretary-treasurer of 5,180
the authority.
(E) Make loans and grants to governmental agencies for the 5,182
acquisition or construction of water development projects by any 5,183
such governmental agency and adopt rules and procedures for 5,184
making such loans and grants;
(F) Acquire, construct, reconstruct, enlarge, improve, 5,186
furnish, equip, maintain, repair, operate, or lease or rent to, 5,187
or contract for operation by, a governmental agency or person, 5,188
water development projects, and establish rules for the use of 5,189
such projects;
(G) Make available the use or services of any water 5,191
development project to one or more persons, one or more 5,192
governmental agencies, or any combination thereof; 5,193
(H) Issue water development revenue bonds and notes and 5,195
water development revenue refunding bonds of the state, payable 5,196
solely from revenues as provided in section 6121.06 of the 5,197
Revised Code, unless the bonds are refunded by refunding bonds, 5,198
for the purpose of paying any part of the cost of one or more
125
water development projects or parts thereof; 5,199
(I) Acquire by gift or purchase, hold, and dispose of real 5,201
and personal property in the exercise of its powers and the 5,202
performance of its duties under this chapter; 5,203
(J) Acquire, in the name of the state, by purchase or 5,205
otherwise, on such terms and in such manner as it considers 5,206
proper, or by the exercise of the right of condemnation in the 5,207
manner provided by section 6121.18 of the Revised Code, such 5,208
public or private lands, including public parks, playgrounds, or
reservations, or parts thereof or rights therein, rights-of-way, 5,209
property, rights, easements, and interests as it considers 5,210
necessary for carrying out this chapter, but excluding the 5,211
acquisition by the exercise of the right of condemnation of any 5,212
waste water facility or water management facility owned by any 5,213
person or governmental agency, and compensation shall be paid for
public or private lands so taken, except that a government-owned 5,214
waste water facility may be appropriated in accordance with 5,215
section 6121.041 of the Revised Code;
(K) Adopt rules to protect augmented flow in waters of the 5,217
state, to the extent augmented by a water development project, 5,218
from depletion so it will be available for beneficial use, and to 5,219
provide standards for the withdrawal from waters of the state of 5,220
the augmented flow created by a water development project that is 5,221
not returned to the waters of the state so augmented and to
establish reasonable charges therefor if considered necessary by 5,222
the authority; 5,223
(L) Make and enter into all contracts and agreements and 5,225
execute all instruments necessary or incidental to the 5,226
performance of its duties and the execution of its powers under 5,227
this chapter in accordance with the following requirements: 5,228
(1) When the cost under any such contract or agreement, 5,230
other than compensation for personal services, involves an 5,231
expenditure of more than ten thousand dollars, the authority 5,232
shall make a written contract with the lowest responsive and 5,233
126
responsible bidder, in accordance with section 9.312 of the
Revised Code, after advertisement for not less than two 5,234
consecutive weeks in a newspaper of general circulation in 5,235
Franklin county, and in such other publications as the authority 5,236
determines, which shall state the general character of the work 5,237
and the general character of the materials to be furnished, the 5,238
place where plans and specifications therefor may be examined,
and the time and place of receiving bids, provided that a 5,239
contract or lease for the operation of a water development 5,240
project constructed and owned by the authority or an agreement 5,241
for cooperation in the acquisition or construction of a water 5,242
development project pursuant to section 6121.13 of the Revised
Code or any contract for the construction of a water development 5,243
project that is to be leased by the authority to, and operated 5,244
by, persons who are not governmental agencies and the cost of the 5,245
project is to be amortized exclusively from rentals or other 5,246
charges paid to the authority by persons who are not governmental 5,247
agencies is not subject to the foregoing requirements and the 5,248
authority may enter into such a contract or lease or such an
agreement pursuant to negotiation and upon such terms and 5,249
conditions and for such period as it finds to be reasonable and 5,250
proper in the circumstances and in the best interests of proper 5,251
operation or of efficient acquisition or construction of the 5,252
project.
(2) Each bid for a contract for the construction, 5,254
demolition, alteration, repair, or reconstruction of an 5,255
improvement shall contain the full name of every person 5,256
interested in it and shall meet the requirements of section
153.54 of the Revised Code. 5,257
(3) Each bid for a contract except as provided in division 5,259
(L)(2) of this section shall contain the full name of every 5,260
person or company interested in it and shall be accompanied by a 5,261
sufficient bond or certified check on a solvent bank that if the 5,262
bid is accepted, a contract will be entered into and the 5,263
127
performance thereof secured.
(4) The authority may reject any and all bids. 5,265
(5) A bond with good and sufficient surety, approved by 5,267
the authority, shall be required of every contractor awarded a 5,268
contract except as provided in division (L)(2) of this section, 5,269
in an amount equal to at least fifty per cent of the contract 5,270
price, conditioned upon the faithful performance of the contract. 5,271
(M) Employ managers, superintendents, and other employees 5,273
and retain or contract with consulting engineers, financial 5,274
consultants, accounting experts, architects, attorneys, and other 5,275
consultants and independent contractors as are necessary in its 5,276
judgment to carry out this chapter, and fix the compensation 5,277
thereof. All expenses thereof shall be payable solely from the
proceeds of water development revenue bonds or notes issued under 5,278
this chapter, from revenues, or from funds appropriated for that 5,279
purpose by the general assembly. 5,280
(N) Receive and accept from any federal agency, subject to 5,282
the approval of the governor, grants for or in aid of the 5,283
construction of any water development project or for research and 5,284
development with respect to waste water or water management 5,285
facilities, and receive and accept aid or contributions from any 5,286
source of money, property, labor, or other things of value, to be 5,287
held, used, and applied only for the purposes for which the
grants and contributions are made; 5,288
(O) Engage in research and development with respect to 5,290
waste water or water management facilities; 5,291
(P) Purchase fire and extended coverage and liability 5,293
insurance for any water development project and for the principal 5,294
office and suboffices of the authority, insurance protecting the 5,295
authority and its officers and employees against liability for 5,296
damage to property or injury to or death of persons arising from 5,297
its operations, and any other insurance the authority may agree
to provide under any resolution authorizing its water development 5,298
revenue bonds or in any trust agreement securing the same; 5,299
128
(Q) Charge, alter, and collect rentals and other charges 5,301
for the use or services of any water development project as 5,302
provided in section 6121.13 of the Revised Code; 5,303
(R) Provide coverage for its employees under sections 5,305
4123.01 to 4123.94, 4141.01 to 4141.46, and 145.01 to 145.58 of 5,306
the Revised Code;
(S) Assist in the implementation and administration of the 5,308
drinking water assistance fund and program created in section 5,309
6109.22 of the Revised Code and the water pollution control loan 5,310
fund and program created in section 6111.036 of the Revised Code, 5,311
including, without limitation, performing or providing fiscal 5,312
management for the funds and investing and disbursing moneys in
the funds, and enter into all necessary and appropriate 5,313
agreements with the director of environmental protection for 5,314
those purposes;
(T) Issue water development revenue bonds and notes of the 5,316
state in principal amounts that are necessary for the purpose of 5,317
raising moneys for the sole benefit of the water pollution 5,318
control loan fund created in section 6111.036 of the Revised 5,319
Code, including moneys to meet the requirement for providing
matching moneys under division (D) of that section. The bonds 5,320
and notes may be secured by appropriate trust agreements and 5,321
repaid from moneys credited to the fund from payments of 5,322
principal and interest on loans made from the fund, as provided 5,323
in division (F) of section 6111.036 of the Revised Code.
(U) Issue water development revenue bonds and notes of the 5,325
state in principal amounts that are necessary for the purpose of 5,326
raising moneys for the sole benefit of the drinking water 5,327
assistance fund created in section 6109.22 of the Revised Code, 5,328
including moneys to meet the requirement for providing matching 5,329
moneys under divisions (B) and (F) of that section. The bonds
and notes may be secured by appropriate trust agreements and 5,330
repaid from moneys credited to the fund from payments of 5,331
principal and interest on loans made from the fund, as provided 5,332
129
in division (F) of section 6109.22 of the Revised Code. 5,333
(V) Do all acts necessary or proper to carry out the 5,335
powers expressly granted in this chapter. 5,336
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 5,338
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 5,339
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 5,340
5301.012 OF THE REVISED CODE.
Sec. 6123.04. For the purposes of this chapter, the Ohio 5,349
water development authority may: 5,350
(A) Adopt bylaws for the regulation of its affairs and the 5,352
conduct of its business under this chapter; 5,353
(B) Sue and plead in its own name; be sued and impleaded 5,355
in its own name with respect to its contracts or torts of its 5,356
members, employees, or agents acting within the scope of their 5,357
employment, or to enforce its obligations and covenants made 5,358
under sections 6123.06, 6123.08, and 6123.13 of the Revised Code. 5,359
Any such actions against the authority shall be brought in the 5,360
court of common pleas of the county in which the principal office 5,361
of the authority is located, or in the court of common pleas of 5,362
the county in which the cause of action arose, provided such 5,363
county is located within this state, and all summonses, 5,364
exceptions, and notices of every kind shall be served on the 5,365
authority by leaving a copy thereof at the principal office with 5,366
the person in charge thereof or with the secretary-treasurer of 5,367
the authority. 5,368
(C) Make loans and grants to governmental agencies for the 5,370
acquisition or construction of development projects by any such 5,371
governmental agency and adopt rules and procedures for making 5,372
such loans and grants; 5,373
(D) Acquire, construct, reconstruct, enlarge, improve, 5,375
furnish, equip, maintain, repair, operate, lease or rent to, or 5,376
contract for operation by, a person or governmental agency, 5,377
development projects, and establish rules for the use of such 5,378
projects; 5,379
130
(E) Make available the use or services of any development 5,381
project to one or more persons, one or more governmental 5,382
agencies, or any combination thereof; 5,383
(F) Issue development revenue bonds and notes and 5,385
development revenue refunding bonds of the state, payable solely 5,386
from revenues as provided in section 6123.06 of the Revised Code, 5,387
unless the bonds be refunded by refunding bonds, for the purpose 5,388
of paying any part of the cost of one or more development 5,389
projects or parts thereof; 5,390
(G) Acquire by gift or purchase, hold, and dispose of real 5,392
and personal property in the exercise of the powers of the 5,393
authority and the performance of its duties under this chapter; 5,394
(H) Acquire, in the name of the state, by purchase or 5,396
otherwise, on such terms and in such manner as the authority 5,397
determines proper, public or private lands, or parts thereof or 5,398
rights therein, rights-of-way, property, rights, easements, and 5,399
interests as it finds necessary for carrying out this chapter; 5,400
and compensation shall be paid for public or private lands so 5,401
taken; 5,402
(I) Make and enter into all contracts and agreements and 5,404
execute all instruments necessary or incidental to the 5,405
performance of its duties and the execution of its powers under 5,406
this chapter: 5,407
(1) When the cost under any such contract or agreement, 5,409
other than compensation for personal services, involves an 5,410
expenditure of more than two thousand dollars, the authority 5,411
shall make a written contract with the lowest responsive and 5,412
responsible bidder, in accordance with section 9.312 of the 5,413
Revised Code, after advertisement for not less than two 5,414
consecutive weeks in a newspaper of general circulation in 5,415
Franklin county, and in such other publications as the authority 5,416
determines, such notice shall state the general character of the 5,417
work and materials to be furnished, the place where plans and 5,418
specifications therefor may be examined, and the time and place 5,419
131
of receiving bids. Provided, that a contract or lease for the 5,420
operation of a development project constructed and owned by the 5,421
authority or an agreement for cooperation in the acquisition or 5,422
construction of a development project pursuant to section 6123.13 5,423
of the Revised Code or any contract for the construction of a 5,424
development project that is to be leased by the authority to, and 5,425
operated by, persons who are not governmental agencies and the 5,426
cost of such project is to be amortized exclusively from rentals 5,427
or other charges paid to the authority by persons who are not 5,428
governmental agencies or by governmental agencies that receive 5,429
the use or services of such project, including governmental 5,430
agencies that are parties to an agreement for cooperation in the 5,431
acquisition or construction of such development project pursuant 5,432
to section 6123.13 of the Revised Code, is not subject to the 5,433
foregoing requirements and the authority may enter into such 5,434
contract or lease or such agreement pursuant to negotiation and 5,435
upon such terms and conditions and for such period as it finds to 5,436
be reasonable and proper in the circumstances and in the best 5,437
interests of proper operation or of efficient acquisition or 5,438
construction of such project. 5,439
(2) Each bid for a contract for the construction, 5,441
demolition, alteration, repair, or reconstruction of an 5,442
improvement shall contain the full name of every person 5,443
interested in it and who meets the requirements of section 153.54 5,444
of the Revised Code. 5,445
(3) Each bid for a contract, except as provided in 5,447
division (I)(2) of this section, shall contain the full name of 5,448
every person or company interested in it and shall be accompanied 5,449
by a sufficient bond or certified check on a solvent bank that if 5,450
the bid is accepted a contract will be entered into and the 5,451
performance thereof secured. 5,452
(4) The authority may reject any and all bids. 5,454
(5) A bond with good and sufficient surety, approved by 5,456
the authority, shall be required of every contractor awarded a 5,457
132
contract except as provided in division (I)(2) of this section, 5,458
in an amount equal to at least fifty per cent of the contract 5,459
price, conditioned upon the faithful performance of the contract. 5,460
(J) Employ managers, superintendents, and other employees 5,462
and retain or contract with consulting engineers, financial 5,463
consultants, accounting experts, architects, attorneys, and such 5,464
other consultants and independent contractors as are necessary in 5,465
its judgment to carry out this chapter, and fix the compensation 5,466
thereof. All expenses thereof shall be payable solely from the 5,467
proceeds of development revenue bonds or notes issued under this 5,468
chapter, from revenues, or from funds appropriated for such 5,469
purpose by the general assembly. 5,470
(K) Receive and accept from any federal agency, subject to 5,472
the approval of the governor, grants for or in aid of the 5,473
construction of any development project or for research and 5,474
development with respect to solid waste facilities or energy 5,475
resource development facilities, and receive and accept aid or 5,476
contributions from any source of money, property, labor, or other 5,477
things of value, to be held, used, and applied only for the 5,478
purposes for which such grants and contributions are made; 5,479
(L) Engage in research and development with respect to 5,481
solid waste facilities or energy resource development facilities; 5,482
(M) Purchase fire and extended coverage and liability 5,484
insurance for any development project and for the principal 5,485
office and sub-offices of the authority, insurance protecting the 5,486
authority and its officers and employees against liability for 5,487
damage to property or injury to or death of persons arising from 5,488
its operations, and any other insurance the authority may agree 5,489
to provide under any resolution authorizing its development 5,490
revenue bonds or in any trust agreement securing the same; 5,491
(N) Charge, alter, and collect rentals and other charges 5,493
for the use or services of any development project as provided in 5,494
section 6123.13 of the Revised Code; 5,495
(O) Provide coverage for its employees under Chapters 5,497
133
145., 4123., and 4141. of the Revised Code; 5,498
(P) Do all acts necessary or proper to carry out the 5,500
powers expressly granted in this chapter. 5,501
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 5,503
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 5,504
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 5,505
5301.012 OF THE REVISED CODE.
Sec. 6161.011. ANY INSTRUMENT BY WHICH REAL PROPERTY IS 5,507
ACQUIRED PURSUANT TO SECTION 6161.01 OF THE REVISED CODE SHALL 5,508
IDENTIFY ANY AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF 5,509
THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED 5,510
CODE.
Section 2. That existing sections 9.20, 123.01, 123.04, 5,512
125.84, 149.302, 152.08, 152.21, 154.06, 154.16, 154.21, 154.22, 5,513
154.23, 163.02, 165.02, 175.04, 319.201, 901.63, 902.03, 991.07, 5,514
1501.01, 1515.08, 1517.17, 1519.02, 1523.01, 1545.12, 1551.12, 5,515
3354.09, 3354.13, 3355.06, 3355.10, 3357.09, 3357.12, 3358.08, 5,516
3375.40, 3377.04, 3377.14, 3706.04, 3747.06, 3747.14, 3793.031, 5,517
4582.06, 4582.31, 4981.14, 4981.32, 5119.37, 5120.46, 5123.22, 5,518
5501.32, 5503.02, 5519.01, 5529.03, 5537.06, 6121.04, and 6123.04 5,519
of the Revised Code are hereby repealed. 5,520
Section 3. Section 123.01 of the Revised Code is presented 5,522
in this act as a composite of the section as amended by Am. Sub. 5,524
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 5,526
in capital letters. Section 5503.02 of the Revised Code is 5,527
presented in this act as a composite of the section as amended by 5,528
both Am. Sub. H.B. 117 and Am. S.B. 34 of the 121st General 5,529
Assembly, with the new language of neither of the acts shown in 5,531
capital letters. This is in recognition of the principle stated 5,532
in division (B) of section 1.52 of the Revised Code that such 5,533
amendments are to be harmonized where not substantively 5,534
irreconcilable and constitutes a legislative finding that such is 5,535
the resulting version in effect prior to the effective date of 5,536
134
this act.