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