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.                                             

                                                          2      


                                                                 
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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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          

                                                          10     


                                                                 
      (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          

                                                          11     


                                                                 
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.