As Reported by the Senate State and Local Government         1            

                 and Veterans Affairs Committee                    2            

123rd General Assembly                                             6            

   Regular Session                              Sub. H. B. No. 19  7            

      1999-2000                                                    8            


      REPRESENTATIVES SCHULER-PADGETT-BRITTON-CLANCY-JONES-        10           

  KREBS-TERWILLEGER-WILLAMOWSKI-TAYLOR-AMSTUTZ-MOTTLEY-CORBIN-     11           

  PATTON-HAINES-HOLLISTER-OPFER-VESPER-VERICH-HARTNETT-BARNES-     12           

                SENATORS SPADA-BLESSING-SCHAFRATH                  13           


_________________________________________________________________   15           

                          A   B I L L                                           

             To amend sections 9.20, 123.01, 123.04, 125.84,       16           

                149.302, 152.08, 152.21, 154.06, 154.16, 154.21,   17           

                154.22, 154.23, 163.02, 165.02, 175.04, 307.12,    18           

                319.201, 901.63, 902.03, 991.07, 1501.01,                       

                1515.08, 1517.17, 1519.02, 1523.01, 1545.12,       19           

                1551.12, 3354.09, 3354.13, 3355.06, 3355.10,       20           

                3357.09, 3357.12, 3358.08, 3375.40, 3377.04,       22           

                3377.14, 3706.04, 3747.06, 3747.14, 3793.031,      23           

                4582.06, 4582.31, 4981.14, 4981.32, 5119.37,                    

                5120.46, 5123.22, 5501.32, 5503.02, 5519.01,       26           

                5529.03, 5537.06, 6121.04, and 6123.04 and to                   

                enact sections 121.181, 1514.301, 3301.481,        28           

                3375.831, 5301.012, and 6161.011 of the Revised    29           

                Code to require that any instrument by which the   31           

                state or an agency of the state acquires an        32           

                interest in real property shall identify the       33           

                agency for whose use and benefit the real          34           

                property is acquired; to authorize the board of    36           

                park commissioners of a metropolitan park                       

                district to sell park lands for conservation uses  37           

                or for park or recreation purposes, in accordance               

                with specified procedures, to the state, a park    38           

                district or other political subdivision of the     39           

                state, or the federal government; and to                        

                                                          2      


                                                                 
                authorize a board of county commissioners to       40           

                donate personal property to the federal                         

                government, the state, or another political        41           

                subdivision of the state.                                       




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        43           

      Section 1.  That sections 9.20, 123.01, 123.04, 125.84,      45           

149.302, 152.08, 152.21, 154.06, 154.16, 154.21, 154.22, 154.23,   46           

163.02, 165.02, 175.04, 307.12, 319.201, 901.63, 902.03, 991.07,   48           

1501.01, 1515.08, 1517.17, 1519.02, 1523.01, 1545.12, 1551.12,     49           

3354.09, 3354.13, 3355.06, 3355.10, 3357.09, 3357.12, 3358.08,     50           

3375.40, 3377.04, 3377.14, 3706.04, 3747.06, 3747.14, 3793.031,    51           

4582.06, 4582.31, 4981.14, 4981.32, 5119.37, 5120.46, 5123.22,                  

5501.32, 5503.02, 5519.01, 5529.03, 5537.06, 6121.04, and 6123.04  53           

be amended and sections 121.181, 1514.301, 3301.481, 3375.831,     54           

5301.012, and 6161.011 of the Revised Code be enacted to read as   55           

follows:                                                                        

      Sec. 9.20.  The state; a county, a township, or a cemetery   64           

association or the commissioners or trustees of a county,          65           

township, or cemetery association; a municipal corporation or the  66           

legislative authority, a board, or other officers of a municipal   67           

corporation; and a benevolent, educational, or correctional                     

institution, wholly or in part under the control of the state, or  68           

the board of directors, trustees, or other officers of the         69           

institution may receive by gift, devise, or bequest moneys,        70           

lands, or other properties, for their benefit or the benefit of    71           

any of those under their charge and may hold and apply the                      

moneys, lands, or properties according to the terms of the gift,   72           

devise, or bequest.  The gifts or devises of real estate may be    73           

in fee simple or of any lesser estate and may be subject to any    74           

reasonable reservation.  This section does not affect the          75           

statutory provisions as to devises or bequests for such purposes.  76           

      ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE STATE  78           

                                                          3      


                                                                 
ACQUIRES REAL PROPERTY PURSUANT TO THIS SECTION SHALL IDENTIFY     79           

THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE REAL   80           

PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED CODE.     81           

      Sec. 121.181.  ANY INSTRUMENT BY WHICH A DEPARTMENT          83           

ACQUIRES AN INTEREST IN REAL PROPERTY, INCLUDING ANY DEED,         84           

TRANSFER, GRANT, RESERVATION, AGREEMENT CREATING AN EASEMENT, OR   85           

LEASE, SHALL IDENTIFY THE DEPARTMENT FOR WHOSE USE AND BENEFIT     86           

THE INTEREST IN REAL PROPERTY IS ACQUIRED, AS SPECIFIED IN         87           

SECTION 5301.012 OF THE REVISED CODE.                                           

      Sec. 123.01.  (A)  The department of administrative          98           

services, in addition to those powers enumerated in Chapters 124.  99           

and 125. of the Revised Code, and as provided elsewhere by law,    100          

shall exercise the following powers:                               101          

      (1)  To prepare, or contract to be prepared, by licensed     103          

engineers or architects, surveys, general and detailed plans,      104          

specifications, bills of materials, and estimates of cost for any  105          

projects, improvements, or public buildings to be constructed by   106          

state agencies that may be authorized by legislative               107          

appropriations or any other funds made available therefor,         108          

provided that the construction of the projects, improvements, or   109          

public buildings is a statutory duty of the department.  This      110          

section does not require the independent employment of an          111          

architect or engineer as provided by section 153.01 of the         112          

Revised Code in the cases to which that section applies nor        113          

affect or alter the existing powers of the director of             114          

transportation.                                                    115          

      (2)  To have general supervision over the construction of    117          

any projects, improvements, or public buildings constructed for a  118          

state agency and over the inspection of materials previous to      119          

their incorporation into those projects, improvements, or          120          

buildings;                                                         121          

      (3)  To make contracts for and supervise the construction    123          

of any projects and improvements or the construction and repair    124          

of buildings under the control of a state agency, except           125          

                                                          4      


                                                                 
contracts for the repair of buildings under the management and     126          

control of the departments of public safety, human services,       127          

mental health, mental retardation and developmental disabilities,  128          

rehabilitation and correction, and youth services, the bureau of   129          

workers' compensation, the bureau of employment services, the      130          

rehabilitation services commission, and boards of trustees of      131          

educational and benevolent institutions.  These contracts shall    132          

be made and entered into by the directors of public safety, human  133          

services, mental health, mental retardation and developmental      134          

disabilities, rehabilitation and correction, and youth services,   135          

the administrator of workers' compensation, the administrator of   136          

the bureau of employment services, the rehabilitation services     137          

commission, and the boards of trustees of such institutions,       138          

respectively.  All such contracts may be in whole or in part on    139          

unit price basis of maximum estimated cost, with payment computed  140          

and made upon actual quantities or units.                          141          

      (4)  To prepare and suggest comprehensive plans for the      143          

development of grounds and buildings under the control of a state  144          

agency;                                                            145          

      (5)  To acquire, by purchase, gift, devise, lease, or        147          

grant, all real estate required by a state agency, in the          148          

exercise of which power the department may exercise the power of   149          

eminent domain, in the manner provided by sections 163.01 to       150          

163.22 of the Revised Code;                                        151          

      (6)  To make and provide all plans, specifications, and      153          

models for the construction and perfection of all systems of       154          

sewerage, drainage, and plumbing for the state in connection with  155          

buildings and grounds under the control of a state agency;         156          

      (7)  To erect, supervise, and maintain all public monuments  158          

and memorials erected by the state, except where the supervision   159          

and maintenance is otherwise provided by law;                      160          

      (8)  To procure, by lease, storage accommodations for a      162          

state agency;                                                      163          

      (9)  To lease or grant easements or licenses for             165          

                                                          5      


                                                                 
unproductive and unused lands or other property under the control  166          

of a state agency.  Such leases, easements, or licenses shall be   167          

granted for a period not to exceed fifteen years and shall be      168          

executed for the state by the director of administrative services  169          

and the governor and shall be approved as to form by the attorney  170          

general, provided that leases, easements, or licenses may be       171          

granted to any county, township, municipal corporation, port       172          

authority, water or sewer district, school district, library       173          

district, health district, park district, soil and water           174          

conservation district, conservancy district, or other political    175          

subdivision or taxing district, or any agency of the United        176          

States government, for the exclusive use of that agency,           177          

political subdivision, or taxing district, without any right of    178          

sublease or assignment, for a period not to exceed fifteen years,  179          

and provided that the director shall grant leases, easements, or   180          

licenses of university land for periods not to exceed twenty-five  181          

years for purposes approved by the respective university's board   182          

of trustees wherein the uses are compatible with the uses and      183          

needs of the university and may grant leases of university land    184          

for periods not to exceed forty years for purposes approved by     185          

the respective university's board of trustees pursuant to section  186          

123.77 of the Revised Code.                                        187          

      (10)  To lease office space in buildings for the use of a    189          

state agency;                                                      190          

      (11)  To have general supervision and care of the            192          

storerooms, offices, and buildings leased for the use of a state   193          

agency;                                                            194          

      (12)  To exercise general custodial care of all real         196          

property of the state;                                             197          

      (13)  To assign and group together state offices in any      199          

city in the state and to establish, in cooperation with the state  200          

agencies involved, rules governing space requirements for office   201          

or storage use;                                                    202          

      (14)  To lease for a period not to exceed forty years,       204          

                                                          6      


                                                                 
pursuant to a contract providing for the construction thereof      205          

under a lease-purchase plan, buildings, structures, and other      206          

improvements for any public purpose, and, in conjunction           207          

therewith, to grant leases, easements, or licenses for lands       208          

under the control of a state agency for a period not to exceed     209          

forty years.  The lease-purchase plan shall provide that at the    210          

end of the lease period, the buildings, structures, and related    211          

improvements, together with the land on which they are situated,   212          

shall become the property of the state without cost.               213          

      (a)  Whenever any building, structure, or other improvement  215          

is to be so leased by a state agency, the department shall retain  216          

either basic plans, specifications, bills of materials, and        217          

estimates of cost with sufficient detail to afford bidders all     218          

needed information or, alternatively, all of the following plans,  219          

details, bills of materials, and specifications:                   220          

      (i)  Full and accurate plans suitable for the use of         222          

mechanics and other builders in the improvement;                   223          

      (ii)  Details to scale and full sized, so drawn and          225          

represented as to be easily understood;                            226          

      (iii)  Accurate bills showing the exact quantity of          228          

different kinds of material necessary to the construction;         229          

      (iv)  Definite and complete specifications of the work to    231          

be performed, together with such directions as will enable a       232          

competent mechanic or other builder to carry them out and afford   233          

bidders all needed information;                                    234          

      (v)  A full and accurate estimate of each item of expense    236          

and of the aggregate cost thereof.                                 237          

      (b)  The department shall give public notice, in such        239          

newspaper, in such form, and with such phraseology as the          240          

director of administrative services prescribes, published once     241          

each week for four consecutive weeks, of the time when and place   242          

where bids will be received for entering into an agreement to      243          

lease to a state agency a building, structure, or other            244          

improvement.  The last publication shall be at least eight days    245          

                                                          7      


                                                                 
preceding the day for opening the bids.  The bids shall contain    246          

the terms upon which the builder would propose to lease the        247          

building, structure, or other improvement to the state agency.     248          

The form of the bid approved by the department shall be used, and  249          

a bid is invalid and shall not be considered unless that form is   250          

used without change, alteration, or addition.  Before submitting   251          

bids pursuant to this section, any builder shall comply with       252          

Chapter 153. of the Revised Code.                                  253          

      (c)  On the day and at the place named for receiving bids    255          

for entering into lease agreements with a state agency, the        256          

director of administrative services shall open the bids and shall  257          

publicly proceed immediately to tabulate the bids upon duplicate   258          

sheets.  No lease agreement shall be entered into until the        259          

bureau of workers' compensation has certified that the person to   260          

be awarded the lease agreement has complied with Chapter 4123. of  261          

the Revised Code, until, if the builder submitting the lowest and  262          

best bid is a foreign corporation, the secretary of state has      263          

certified that the corporation is authorized to do business in     264          

this state, until, if the builder submitting the lowest and best   265          

bid is a person nonresident of this state, the person has filed    266          

with the secretary of state a power of attorney designating the    267          

secretary of state as its agent for the purpose of accepting       268          

service of summons in any action brought under Chapter 4123. of    269          

the Revised Code, and until the agreement is submitted to the      270          

attorney general and the attorney general's approval is certified  271          

thereon.  Within thirty days after the day on which the bids are   273          

received, the department shall investigate the bids received and   274          

shall determine that the bureau and the secretary of state have    275          

made the certifications required by this section of the builder    276          

who has submitted the lowest and best bid.  Within ten days of     277          

the completion of the investigation of the bids, the department    278          

shall award the lease agreement to the builder who has submitted   279          

the lowest and best bid and who has been certified by the bureau   280          

and secretary of state as required by this section.  If bidding    281          

                                                          8      


                                                                 
for the lease agreement has been conducted upon the basis of       282          

basic plans, specifications, bills of materials, and estimates of  283          

costs, upon the award to the builder the department, or the        284          

builder with the approval of the department, shall appoint an      285          

architect or engineer licensed in this state to prepare such       286          

further detailed plans, specifications, and bills of materials as  287          

are required to construct the building, structure, or              288          

improvement.  The department shall adopt such rules as are         289          

necessary to give effect to this section.  The department may      290          

reject any bid.  Where there is reason to believe there is         291          

collusion or combination among bidders, the bids of those          292          

concerned therein shall be rejected.                               293          

      (15)  To acquire by purchase, gift, devise, or grant and to  295          

transfer, lease, or otherwise dispose of all real property         296          

required to assist in the development of a conversion facility as  297          

defined in section 5709.30 of the Revised Code;                    298          

      (16)  To lease for a period not to exceed forty years,       300          

notwithstanding any other division of this section, the            301          

state-owned property located at 408-450 East Town Street,          302          

Columbus, Ohio, formerly the state school for the deaf, to a       303          

developer in accordance with this section.  "Developer," as used   304          

in this section, has the same meaning as in section 123.77 of the  305          

Revised Code.                                                      306          

      Such a lease shall be for the purpose of development of the  308          

land for use by senior citizens by constructing, altering,         309          

renovating, repairing, expanding, and improving the site as it     310          

existed on June 25, 1982.  A developer desiring to lease the land  311          

shall prepare for submission to the department a plan for          312          

development.  Plans shall include provisions for roads, sewers,    313          

water lines, waste disposal, water supply, and similar matters to  314          

meet the requirements of state and local laws.  The plans shall    315          

also include provision for protection of the property by           316          

insurance or otherwise, and plans for financing the development,   317          

and shall set forth details of the developer's financial           318          

                                                          9      


                                                                 
responsibility.                                                    319          

      The department may employ, as employees or consultants,      321          

persons needed to assist in reviewing the development plans.       322          

Those persons may include attorneys, financial experts,            323          

engineers, and other necessary experts.  The department shall      324          

review the development plans and may enter into a lease if it      325          

finds all of the following:                                        326          

      (a)  The best interests of the state will be promoted by     328          

entering into a lease with the developer;                          329          

      (b)  The development plans are satisfactory;                 331          

      (c)  The developer has established the developer's           333          

financial responsibility and satisfactory plans for financing the  334          

development.                                                       335          

      The lease shall contain a provision that construction or     337          

renovation of the buildings, roads, structures, and other          338          

necessary facilities shall begin within one year after the date    339          

of the lease and shall proceed according to a schedule agreed to   340          

between the department and the developer or the lease will be      341          

terminated.  The lease shall contain such conditions and           342          

stipulations as the director considers necessary to preserve the   343          

best interest of the state.  Moneys received by the state          344          

pursuant to this lease shall be paid into the general revenue      345          

fund.  The lease shall provide that at the end of the lease        346          

period the buildings, structures, and related improvements shall   347          

become the property of the state without cost.                     348          

      (17)  To lease to any person any tract of land owned by the  350          

state and under the control of the department, or any part of      351          

such a tract, for the purpose of drilling for or the pooling of    352          

oil or gas.  Such a lease shall be granted for a period not        353          

exceeding forty years, with the full power to contract for,        354          

determine the conditions governing, and specify the amount the     355          

state shall receive for the purposes specified in the lease, and   356          

shall be prepared as in other cases.                               357          

      (B)  This section and section 125.02 of the Revised Code     359          

                                                          10     


                                                                 
shall not interfere with any of the following:                     360          

      (1)  The power of the adjutant general to purchase military  362          

supplies, or with the custody of the adjutant general of property  363          

leased, purchased, or constructed by the state and used for        364          

military purposes, or with the functions of the adjutant general   365          

as director of state armories;                                     366          

      (2)  The power of the director of transportation in          368          

acquiring rights-of-way for the state highway system, or the       369          

leasing of lands for division or resident district offices, or     370          

the leasing of lands or buildings required in the maintenance      371          

operations of the department of transportation, or the purchase    372          

of real property for garage sites or division or resident          374          

district offices, or in preparing plans and specifications for     375          

and constructing such buildings as the director may require in     376          

the administration of the department;                              377          

      (3)  The power of the director of public safety and the      379          

registrar of motor vehicles to purchase or lease real property     380          

and buildings to be used solely as locations to which a deputy     381          

registrar is assigned pursuant to division (B) of section          382          

4507.011 of the Revised Code and from which the deputy registrar   383          

is to conduct the deputy registrar's business, the power of the    384          

director of public safety to purchase or lease real property and   385          

buildings to be used as locations for division or district         386          

offices as required in the maintenance of operations of the        387          

department of public safety, and the power of the superintendent   388          

of the state highway patrol in the purchase or leasing of real     389          

property and buildings needed by the patrol, to negotiate the      390          

sale of real property owned by the patrol, to rent or lease real   391          

property owned or leased by the patrol, and to make or cause to    392          

be made repairs to all property owned or under the control of the  393          

patrol;                                                                         

      (4)  The power of the division of liquor control in the      395          

leasing or purchasing of retail outlets and warehouse facilities   396          

for the use of the division;                                       397          

                                                          11     


                                                                 
      (5)  The power of the director of development to enter into  399          

leases of real property, buildings, and office space to be used    400          

solely as locations for the state's foreign offices to carry out   401          

the purposes of section 122.05 of the Revised Code.                402          

      (C)  Purchases for, and the custody and repair of,           404          

buildings under the management and control of the capitol square   405          

review and advisory board, the rehabilitation services             406          

commission, the bureau of employment services, the bureau of       407          

workers' compensation, or the departments of public safety, human  409          

services, mental health, mental retardation and developmental      410          

disabilities, and rehabilitation and correction, and buildings of  411          

educational and benevolent institutions under the management and   412          

control of boards of trustees, are not subject to the control and  413          

jurisdiction of the department of administrative services.         414          

      (D)  ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED       416          

PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE    418          

THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN  419          

SECTION 5301.012 OF THE REVISED CODE.                                           

      Sec. 123.04.  The director of administrative services shall  428          

be appointed superintendent of public works and shall have the     429          

care and control of the public works of the state except as        430          

provided in section 1521.08 of the Revised Code and shall          431          

protect, maintain, and keep them in repair.                                     

      Subject to the approval of the governor, the director may    433          

purchase on behalf of the state such real or personal property,    434          

rights, or privileges as are necessary, in his THE DIRECTOR'S      435          

judgment, to acquire in the maintenance of the public works or     437          

their improvement.                                                              

      ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE STATE  439          

ACQUIRES REAL PROPERTY PURSUANT TO THIS SECTION SHALL IDENTIFY     440          

THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE REAL   441          

PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED CODE.     442          

      Sec. 125.84.  In conformance with the "Federal Property and  451          

Administrative Services Act of 1949 (,"63 Stat. 377), as           453          

                                                          12     


                                                                 
amended," similar or related federal property disposal acts of                  

congress, and sections 125.84 to 125.90 of the Revised Code, the   454          

department of administrative services may acquire, warehouse,      455          

distribute, transfer, retransfer, recapture, revert, and dispose   456          

of federal personal property and shall assist in the acquisition,  457          

conveyance, reconveyance, recapture, reversion, and disposal of    458          

federal real and related personal property, not required for the   459          

needs and the discharge of the responsibilities of all federal     460          

departments, agencies, boards, and commissions, for the purpose    461          

of making such property available for use to eligible state civil  462          

defense, health, and educational institutions and organizations;   463          

state departments, agencies, boards, and commissions; bodies       464          

politic and corporate, political subdivisions, or other district,  465          

regional, or similar authorities established by or pursuant to     466          

law; duly authorized local tax-supported civil defense             467          

organizations; local tax-supported health and educational          468          

institutions; local tax-supported institutions and organizations;  469          

private nonprofit federally tax-exempt health and educational      470          

institutions and organizations in the state; private nonprofit     471          

federally tax-exempt institutions, organizations, and activities   472          

in the state; and to such other institutions, organizations, or    473          

activities in the state as may hereafter become eligible to        474          

receive such property.                                             475          

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   477          

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    478          

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   479          

5301.012 OF THE REVISED CODE.                                                   

      Sec. 149.302.  (A)  The Ohio historical society, in          488          

addition to its other functions, shall establish a museum in the   489          

vicinity of Wilberforce to be known as the national museum of      490          

Afro-American history and culture.  For this purpose the society   491          

may accept donations of money, property, and personal services,    492          

apply for and receive federal assistance, acquire real property    493          

or any estate, right, or interest therein, construct buildings,    494          

                                                          13     


                                                                 
access roads, parking areas, and other appropriate facilities for  495          

museum visitors, and exercise any powers incidental to such        496          

purpose.  The society shall establish the museum in consultation   497          

with the national museum of Afro-American history and culture      498          

planning committee established in section 149.303 of the Revised   500          

Code.  The society shall consult with the committee before         501          

selecting a museum site and before acquiring or accepting any                   

real property for such purpose.  It shall consult with the         502          

committee on the design, plans, and specifications for the         503          

construction or modification of any buildings and other museum     504          

visitation facilities.  The society, in cooperation and            505          

consultation with the committee, shall establish an acquisition    506          

policy for the museum.                                             507          

      Donations of money received under this section shall be      509          

placed in a separate fund within the accounts of the Ohio          510          

historical society to be used solely for the necessary expenses    511          

of the society incurred in the performance of its duties under     512          

this section.                                                      513          

      (B)  After the Ohio historical society establishes the       515          

national museum of Afro-American history and culture, the society  516          

shall convey title to the museum and its contents to a private,    517          

nonprofit organization which shall operate and maintain the        518          

museum.  The society shall determine the conditions of the         519          

conveyance, and the conveyance and the conditions of the           520          

conveyance are subject to approval by the national museum of       521          

Afro-American history and culture planning committee.  The         522          

society shall operate and maintain the museum until the museum     523          

and its contents are conveyed as provided in this section.  Any    524          

historical items or artifacts donated to the society, or to the    525          

private, nonprofit organization to which the society has conveyed  526          

the museum and its contents, for placement in the museum, shall    527          

remain at the museum as part of its permanent collection.  The     528          

organization to which the society has conveyed the museum and its  529          

contents shall consult with the committee concerning the           530          

                                                          14     


                                                                 
operation and maintenance of the museum.                           531          

      (C)  ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED       533          

PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE    535          

THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN  536          

SECTION 5301.012 OF THE REVISED CODE.                                           

      Sec. 152.08.  (A)  The Ohio building authority may:          545          

      (1)  Acquire, by gift, grant, or purchase, and hold and      547          

mortgage, real estate and interests therein and personal property  548          

suitable for its purposes, provided that no land used by the       549          

authority pursuant to section 152.05 of the Revised Code shall be  550          

mortgaged by the authority;                                        551          

      (2)  Purchase, construct, reconstruct, equip, furnish,       553          

improve, alter, enlarge, maintain, repair, and operate buildings,  554          

facilities, and other properties for the purposes set forth in     555          

section 152.04 of the Revised Code.  The authority shall           556          

construct, operate, and maintain its buildings, facilities, and    557          

other properties in a healthy, safe, and sanitary manner.          558          

      (3)  Issue revenue bonds to secure funds to accomplish its   560          

purposes, the principal of and interest on and all other payments  561          

required to be made by the trust agreement or indenture securing   562          

such bonds to be paid solely from revenues accruing to the         563          

authority through the operation of its buildings, facilities, and  564          

other properties;                                                  565          

      (4)  Enter into contracts and execute all instruments        567          

necessary in the conduct of its business;                          568          

      (5)  Fix, alter, and charge rentals and other charges for    570          

the use and occupancy of its buildings, facilities, and other      571          

properties and enter into leases with the persons specified in     572          

section 152.04 of the Revised Code;                                573          

      (6)  Employ financial consultants, appraisers, consulting    575          

engineers, architects, superintendents, managers, construction     576          

and accounting experts, attorneys-at-law, and other employees and  577          

agents as are necessary, in its judgment, and fix their            578          

compensation;                                                      579          

                                                          15     


                                                                 
      (7)  Provide for the persons occupying its buildings,        581          

facilities, and other properties, health clinics, medical          582          

services, food services, and such other services as such persons   583          

cannot provide for themselves; and, if the authority determines    584          

that it is more advantageous, it may enter into contracts with     585          

persons, firms, or corporations or with any governmental agency,   586          

board, commission, or department to provide any of such clinics    587          

or services;                                                       588          

      (8)  Pledge, hypothecate, or otherwise encumber such of its  590          

rentals or other charges as may be agreed as security for its      591          

obligations, and enter into trust agreements or indentures for     592          

the benefit of its bondholders;                                    593          

      (9)  Borrow money or accept advances, loans, gifts, grants,  595          

devises, or bequests from, and enter into contracts or agreements  596          

with, any federal agency or other governmental or private source,  597          

and hold and apply advances, loans, gifts, grants, devises, or     598          

bequests according to the terms thereof.  Such advances, loans,    599          

gifts, grants, or devises of real estate may be in fee simple or   600          

of any lesser estate and may be subject to any reasonable          601          

reservations.  Any advances or loans received from any federal or  602          

other governmental or private source may be repaid in accordance   603          

with the terms of such advance or loan.                            604          

      (10)  Conduct investigations into housing and living         606          

conditions in order to be able to purchase, construct, or          607          

reconstruct suitable buildings and facilities to fulfill its       608          

purpose, and determine the best locations within the state for     609          

its buildings, facilities, and other properties;                   610          

      (11)  Enter into lawful arrangements with the appropriate    612          

federal or state department or agency, county, township,           613          

municipal government, or other political subdivision, or public    614          

agency for the planning and installation of streets, roads,        615          

alleys, public parks and recreation areas, public utility          616          

facilities, and other necessary appurtenances to its projects;     617          

      (12)  Purchase fire, extended coverage, and liability        619          

                                                          16     


                                                                 
insurance for its property, and insurance covering the authority   620          

and its officers and employees for liability for damage or injury  621          

to persons or property;                                            622          

      (13)  Sell, lease, release, or otherwise dispose of          624          

property owned by the authority and not needed for the purposes    625          

of the authority and grant such easements across the property of   626          

the authority as will not interfere with its use of its property;  627          

      (14)  Establish rules and regulations for the use and        629          

operation of its buildings, facilities, and other properties;      630          

      (15)  Do all other acts necessary to the fulfillment of its  632          

purposes.                                                          633          

      (B)  ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED       635          

PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE    637          

THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN  638          

SECTION 5301.012 OF THE REVISED CODE.                                           

      Sec. 152.21.  With respect to capital facilities described   647          

in sections 152.19 and 152.31 of the Revised Code, the Ohio        648          

building authority may:                                            649          

      (A)  Acquire, by appropriation subject to Chapter 163. of    651          

the Revised Code, or by gift, grant, lease, or purchase; hold;     652          

lease; mortgage in the case of capital facilities the real         653          

property or interest therein of which was not acquired by the      654          

authority pursuant to sections 152.05 and 152.06 of the Revised    655          

Code; convey; and dispose of real estate and interests in real     656          

estate and personal property suitable for its purposes;            657          

      (B)  Acquire, purchase, construct, reconstruct,              659          

rehabilitate, remodel, renovate, enlarge, improve, alter,          660          

maintain, equip, furnish, repair, paint, decorate, and operate     661          

capital facilities as provided in sections 152.18, 152.19, and     662          

152.31 of the Revised Code;                                                     

      (C)  Issue obligations to secure funds to accomplish its     664          

purposes as more fully set forth in sections 152.09 to 152.33 of   665          

the Revised Code;                                                  666          

      (D)  Enter into contracts and execute all instruments        668          

                                                          17     


                                                                 
necessary in the conduct of its business;                          669          

      (E)  Fix, alter, and charge rentals for the use and          671          

occupancy of its capital facilities and enter into leases for      672          

such use and occupancy as provided in section 152.24 of the        673          

Revised Code;                                                      674          

      (F)  Employ financial consultants, appraisers, consulting    676          

engineers, architects, superintendents, managers, construction     677          

and accounting experts, attorneys at law, and other employees and  678          

agents as are necessary, in its judgment, and fix their            679          

compensation;                                                      680          

      (G)  Manage and have general custodial care and supervision  682          

of its capital facilities or enter into contracts with the         684          

department of administrative services or the using state agency                 

or governmental entity for such purposes;                          685          

      (H)  Pledge, hypothecate, or otherwise encumber all or such  687          

portion as it determines of the available receipts to the payment  688          

of bond service charges on obligations or series of obligations    689          

issued pursuant to Chapter 152. of the Revised Code and for the    690          

establishment and maintenance of any reserves, as provided in the  691          

bond resolution, and make other provisions therein with respect    692          

to such available receipts as authorized by Chapter 152. of the    693          

Revised Code, which shall be controlling notwithstanding any       694          

other provisions of law pertaining thereto, and enter into trust   695          

agreements or indentures for the benefit of holders of its         696          

obligations;                                                       697          

      (I)  Borrow money or accept advances, loans, gifts, grants,  699          

devises, or bequests from, and enter into contracts or agreements  700          

with, any federal agency or other governmental or private source,  701          

and hold and apply advances, loans, gifts, grants, devises, or     702          

bequests according to the terms thereof.  Such advances, loans,    703          

gifts, grants, or devises of real estate may be in fee simple or   704          

of any lesser estate and may be subject to any reasonable          705          

reservations.  Any advances or loans received from any federal or  706          

other governmental or private source may be repaid in accordance   707          

                                                          18     


                                                                 
with the terms of such advance or loan.                            708          

      (J)  Enter into lawful arrangements with the appropriate     710          

governmental entity for the planning and installation of streets   711          

and sidewalks, public utility facilities, and other necessary      712          

appurtenances to its capital facilities, and grant necessary       713          

easements for such purposes;                                       714          

      (K)  Purchase all risk or extended coverage, boiler, rents,  716          

and public liability insurance for or relating to its property;    717          

      (L)  Establish rules for the use and operation of its        719          

buildings and facilities;                                          720          

      (M)  Do all other acts necessary to the fulfillment of its   722          

purposes.                                                          723          

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   725          

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    726          

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   727          

5301.012 OF THE REVISED CODE.                                                   

      Sec. 154.06.  In connection with capital facilities          737          

financed by the Ohio public facilities commission pursuant to      738          

authorization by the general assembly, the commission may:         739          

      (A)  Acquire by appropriation, subject to Chapter 163. of    741          

the Revised Code, or by gift, grant, lease, or purchase, or        742          

combination thereof, and hold, lease, and dispose of real estate   743          

and interests therein and personal property for the purposes of    744          

Chapter 154. of the Revised Code;                                  745          

      (B)  Acquire, purchase, construct, reconstruct, equip,       747          

furnish, improve, alter, enlarge, remodel, renovate,               748          

rehabilitate, maintain, repair, and operate capital facilities     749          

for the purposes set forth in Chapter 154. of the Revised Code;    750          

      (C)  Enter into agreements with the director of              752          

administrative services providing for the director to acquire by   753          

appropriation, subject to Chapter 163. of the Revised Code, real   754          

estate and interests therein on behalf of the commission for the   755          

purposes of Chapter 154. of the Revised Code and the director may  756          

enter into such agreements and appropriate pursuant thereto.;      757          

                                                          19     


                                                                 
      (D)  Enter into leases or other agreements with              759          

governmental agencies upon such terms as are mutually              760          

satisfactory, which may include provisions, among others, for      761          

rental payments commencing at or at any time after execution of    762          

such lease and before completion of the capital facilities leased  763          

thereby, provisions relating to the disposition of such capital    764          

facilities, and provisions, if determined by the commission, for   765          

waiver of rights of repossession by the commission; and such       766          

governmental agencies may enter into such leases and agreements    767          

with the commission and into subleases and agreements between      768          

governmental agencies pertaining to capital facilities financed    769          

by the commission, upon terms and conditions mutually              770          

satisfactory to the parties and without competitive bidding, and   771          

any agreement of such governmental agency to make rental, use, or  772          

other payments or payment of purchase price, in installments or    773          

otherwise, or repayments to or on account of the commission, and   774          

the obligations issued by the commission shall not be deemed to    775          

constitute indebtedness, bonded or otherwise, or bonds, notes, or  776          

other evidence of indebtedness of such governmental agency for     777          

the purpose of Chapter 133. of the Revised Code or any other       778          

purpose; such lease and agreements requiring payments beyond the   779          

current year are continuing contracts for the purposes of          780          

sections 5705.41 and 5705.44 of the Revised Code;                  781          

      (E)  Contract for the services of financial consultants,     783          

appraisers, consulting engineers, architects, construction and     784          

accounting experts, attorneys, and other consultants and           785          

independent contractors, as are necessary in its judgment to       786          

carry out Chapter 154. of the Revised Code;                        787          

      (F)  Enter into agreements with one or more governmental     789          

agencies or any combination thereof for the management or general  790          

custodial care and supervision of capital facilities, and such     791          

governmental agencies are authorized to enter into such            792          

agreements with the commission upon terms and conditions mutually  793          

satisfactory to the parties;                                       794          

                                                          20     


                                                                 
      (G)  Borrow money or accept advances, loans, gifts, grants,  796          

devises, or bequests from, and enter into contracts or agreements  797          

therefor with, any governmental agency or person, and hold and     798          

apply advances, loans, gifts, grants, devises, or bequests, and    799          

the capital facilities to which the same relate, according to the  800          

terms thereof, which advances, loans, gifts, grants, or devises    801          

may, as to real estate be in fee simple or of any lesser estate    802          

and may be subject to reasonable reservations, and which advances  803          

or loans received from any governmental agency or person may be    804          

repaid in accordance with the terms of such advance or loan;       805          

      (H)  Enter into agreements or arrangements with the          807          

appropriate governmental agency for the planning and installation  808          

of streets, roads, alleys, public parks and recreation areas,      809          

public utility facilities, and other necessary appurtenances to    810          

its capital facilities;                                            811          

      (I)  Purchase or provide for fire and extend EXTENDED        813          

coverage insurance for its property and such other insurance the   814          

commission may agree to provide under applicable bond procedings   816          

PROCEEDINGS;                                                                    

      (J)  Enter into contracts and execute all instruments        818          

necessary or incidental to the performance of its duties and the   819          

execution of its powers and do all other acts necessary or proper  820          

to the fulfillment of its purposes and to carry out the powers     821          

expressly granted in Chapter 154. of the Revised Code.             822          

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   824          

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    825          

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   826          

5301.012 OF THE REVISED CODE.                                                   

      Sec. 154.16.  Any governmental agency may lease, grant, or   835          

convey to the Ohio public facilities commission, at its request,   836          

any real property or interests therein including improvements      837          

thereto or personal property of or under the control of such       838          

governmental agency which is necessary or convenient to the        839          

effectuation of the authorized purposes of the commission,         840          

                                                          21     


                                                                 
including public roads and other real property or interests        841          

therein, including improvements thereto or personal property       842          

already devoted to public use, upon such terms as the governing    843          

body of the governmental agency, and the governor in the case of   844          

real estate title of which is in the name of the state, and the    845          

commission agree and without the necessity for advertisement,      846          

auction, competitive bidding, order of court, or other action or   847          

formality, other than the regular and formal action of such        848          

governing body, and the governor in the instance above stated.     849          

Title to all real estate acquired by the commission shall be       850          

taken in the name of the state.                                    851          

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   853          

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    854          

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   855          

5301.012 OF THE REVISED CODE.                                                   

      Sec. 154.21.  (A)  Subject to authorization by the general   864          

assembly under section 154.02 of the Revised Code, the Ohio        865          

public facilities commission may authorize and issue obligations   866          

pursuant to this chapter to pay the cost of capital facilities     867          

for state-supported and state-assisted institutions of higher      868          

education.                                                         869          

      (B)  Capital facilities for institutions of higher           871          

education financed under this section may be leased by the         872          

commission to institutions of higher education or to the Ohio      873          

board of regents for the use of institutions of higher education,  874          

and such parties may make other agreement for the use or sale and  875          

purchase of the facilities; the Ohio board of regents may          876          

sublease such capital facilities to institutions of higher         877          

education, and such parties may make other agreement for the use   878          

or sale and purchase of the facilities, in any manner permitted    879          

by the lease or agreement between the commission and the Ohio      880          

board of regents; all upon such terms and conditions as the        881          

parties may agree upon and pursuant to this chapter,               882          

notwithstanding other provisions of law affecting the leasing,     883          

                                                          22     


                                                                 
acquisition, or disposition of capital facilities by such          884          

parties.  Any such leases, subleases, or agreements may contain    885          

provisions setting forth the responsibilities of the commission,   886          

institutions of higher education, and Ohio board of regents as to  887          

the financing, construction, operation, maintenance, and insuring  888          

of such facilities and other terms and conditions applicable       889          

thereto, including designation of the "owner" for purposes of      890          

Chapter 153. of the Revised Code, and any other provisions         891          

mutually agreed upon for the purposes of this chapter.  Promptly   892          

upon execution thereof, a signed or conformed copy of each such    893          

lease or agreement, and any supplement thereto, between an         894          

institution of higher education or the Ohio board of regents and   895          

the commission shall be filed by the commission with the Ohio      896          

board of regents and the director of budget and management, and    897          

promptly upon execution thereof, a signed or conformed copy of     898          

each such sublease or agreement between the Ohio board of regents  899          

and an institution of higher education shall be filed by the Ohio  900          

board of regents with the commission and the director.             901          

      (C)  For purposes of this section, "available receipts"      903          

means fees, tuitions, charges, revenues, and all other receipts    904          

of or on behalf of state-supported and state-assisted              905          

institutions of higher education, any revenues or receipts         906          

derived by the commission from the operation, leasing, or other    907          

disposition of capital facilities financed under this section,     908          

the proceeds of obligations issued under this section and          909          

sections 154.11 and 154.12 of the Revised Code, and also means     910          

any gifts, grants, donations, and pledges, and receipts            911          

therefrom, available for the payment of bond service charges on    912          

such obligations.  Subject to any pledge of that portion of        913          

available receipts, comprised of fees, tuitions, charges,          914          

revenues, and receipts derived directly by an institution of       915          

higher education, which has been or may thereafter be made         916          

pursuant to section 3345.07, 3345.11, 3345.12, 3349.05, 3354.121,  917          

or 3357.112 of the Revised Code, the commission may pledge all or  919          

                                                          23     


                                                                 
such portion as it determines of the available receipts to the     920          

payment of bond service charges on obligations issued under this   921          

section and sections 154.11 and 154.12 of the Revised Code and     922          

for the establishment and maintenance of any reserves, as          923          

provided in the bond proceedings, and make other provisions        924          

therein with respect to such available receipts as authorized by   925          

this chapter, which provisions shall be controlling,               926          

notwithstanding any other provision of law pertaining thereto.     927          

      (D)  In the event that moneys in the higher education bond   929          

service fund and available receipts from payments to be made to    930          

the commission under leases and agreements with the Ohio board of  931          

regents, together with any other funds made available by the       932          

general assembly, will be insufficient, without application of     933          

reserves, for the payment of bond service charges and for the      934          

establishment and maintenance of reserves, as provided in the      935          

bond proceedings, then the commission, upon consultation with the  936          

institutions of higher education to be affected and the Ohio       937          

board of regents, may require the institutions of higher           938          

education to charge, collect, and transmit to the credit of the    939          

higher education bond service fund provided for in division (E)    940          

of this section, a special student fee, which may be a segregated  941          

part of the established instruction fee or other fee, in such      942          

amount or amounts as are necessary for the payment of the bond     943          

service charges on obligations issued under this section and       944          

sections 154.11 and 154.12 of the Revised Code and for the         945          

establishment and maintenance of any reserves, as provided in the  946          

bond proceedings.  Such special fee constitutes "available         947          

receipts" within the meaning thereof in division (C) of this       948          

section, and may be pledged as therein provided in addition to,    949          

or in lieu of, or to be applied prior to, other available          950          

receipts, as provided in the bond proceedings; provided, that      951          

such special fee shall not be deemed to be pledged by the          952          

institutions of higher education under section 3345.07, 3345.11,   953          

3345.12, 3349.05, 3354.121, or 3357.112 of the Revised Code.  The  955          

                                                          24     


                                                                 
commission may covenant in the bond proceedings to require such    956          

special fee to be charged, collected, and transmitted pursuant to  957          

this division.  In the event the initiation of such special fee    958          

is required in accordance with such covenant, the commission       959          

shall by rules transmitted to each institution of higher           960          

education affected thereby, fix, establish, and from time to time  961          

modify, as it may consider appropriate, the amount or amounts of   962          

the fee, exemptions therefrom, such distinctions, if any, as it    963          

may determine appropriate for full-time and part-time students or  964          

students enrolled in different programs, or other bases for        965          

distinction among students, so that students throughout the state  966          

in similar classifications under such rules are so far as          967          

feasible treated alike, and establish and from time to time        968          

modify other rules, procedures, and definitions for the charge,    969          

collection, and transmission of such special fees.                 970          

Notwithstanding any other provision of law pertaining thereto,     971          

the governing boards of the institutions of higher education       972          

shall charge, collect, and transmit such special fee in            973          

accordance with such rules.                                                     

      (E)  There is hereby created the higher education bond       975          

service trust fund, which shall be in the custody of the           976          

treasurer of state but shall be separate and apart from and not a  977          

part of the state treasury.  All moneys received by or on account  978          

of the commission and required by the applicable bond proceedings  979          

to be deposited, transferred, or credited to the higher education  980          

bond service trust fund, and all other moneys transferred or       981          

allocated to or received for the purposes of the higher education  982          

bond service trust fund, shall be deposited with the treasurer of  983          

state and credited to such fund, subject to any applicable         984          

provisions of the bond proceedings, without necessity for any act  985          

of appropriation.  The higher education bond service trust fund    986          

is a trust fund and is hereby pledged to the payment of bond       987          

service charges on the obligations issued pursuant to this         988          

section and sections 154.11 and 154.12 of the Revised Code to the  989          

                                                          25     


                                                                 
extent provided in the applicable bond proceedings, and payment    990          

thereof from such fund shall be made or provided for by the        991          

treasurer of state in accordance with such bond proceedings        992          

without necessity for any act of appropriation.                    993          

      (F)  There is hereby created in the state treasury the       995          

higher education improvement fund.  Subject to the bond            996          

proceedings therefor, all of the proceeds of the sale of higher    997          

education obligations shall be credited to the fund, except that   998          

any accrued interest received shall be credited to the higher      999          

education bond service fund.  The higher education improvement     1,000        

fund may also be comprised of gifts, grants, appropriated moneys,  1,001        

and other sums and securities received to the credit of such       1,002        

fund.  The fund shall be applied only to the purpose of paying     1,003        

costs of capital facilities for state-supported and                1,004        

state-assisted institutions of higher education, which may         1,005        

include participation with one or more such institutions of        1,006        

higher education in any such capital facilities by way of grants,  1,007        

loans, or contributions to them for such capital facilities.       1,008        

      (G)  This section shall be applied with other applicable     1,010        

provisions of this chapter.                                        1,011        

      (H)  ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED       1,013        

PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE    1,015        

THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN  1,016        

SECTION 5301.012 OF THE REVISED CODE.                                           

      Sec. 154.22.  (A)  Subject to authorization by the general   1,025        

assembly under section 154.02 of the Revised Code, the Ohio        1,026        

public facilities commission may authorize and issue obligations   1,027        

pursuant to this chapter to pay costs of capital facilities for    1,028        

parks and recreation.                                              1,029        

      (B)  Any capital facilities for parks and recreation may be  1,031        

leased by the commission to the department of natural resources    1,032        

and other agreements may be made by the commission and such        1,033        

department with respect to the use or purchase of such capital     1,034        

facilities or, subject to the approval of the director of such     1,035        

                                                          26     


                                                                 
department, the commission may lease such capital facilities to,   1,036        

and make other agreements with respect to their use or purchase    1,037        

with, any governmental agency having authority under law to        1,038        

operate such capital facilities, and the director of such          1,039        

department may sublease such capital facilities to, and make       1,040        

other agreements with respect to the use or purchase thereof       1,041        

with, any such governmental agency, or such director may sublease  1,042        

or contract for the operation of such capital facilities in        1,043        

accordance with the applicable provisions of sections 1501.09,     1,044        

1501.091, and 1501.10 of the Revised Code, all upon such terms     1,045        

and conditions as the parties may agree upon and pursuant to this  1,046        

chapter, notwithstanding any other provisions of law affecting     1,047        

the leasing, acquisition, or disposition of capital facilities by  1,048        

such parties.                                                      1,049        

      (C)  For purposes of this section, "available receipts"      1,051        

means all receipts, including fees, charges, and rentals, derived  1,052        

or to be derived from state parks and public service facilities    1,053        

in any state park or parks, any other receipts of state agencies   1,054        

with respect to parks and recreational facilities, any revenues    1,055        

or receipts derived by the commission from the operation,          1,056        

leasing, or other disposition of capital facilities financed       1,057        

under this section, the proceeds of obligations issued under this  1,058        

section and sections 154.11 and 154.12 of the Revised Code, and    1,059        

also means any gifts, grants, donations, and pledges, and          1,060        

receipts thereon, available for the payment of bond service        1,061        

charges on obligations issued under this section.  The commission  1,062        

may pledge all, or such portion as it determines, of the           1,063        

available receipts to the payment of bond service charges on       1,064        

obligations issued under this section and sections 154.11 and      1,065        

154.12 of the Revised Code and for the establishment and           1,066        

maintenance of any reserves, as provided in the bond proceedings,  1,067        

and make other provisions therein with respect to such available   1,068        

receipts as authorized by this chapter, which provisions shall be  1,069        

controlling notwithstanding any other provision of law pertaining  1,070        

                                                          27     


                                                                 
thereto.                                                           1,071        

      (D)  The commission may covenant in the bond proceeding      1,073        

that the state and state agencies shall, so long as any            1,074        

obligations issued under this section are outstanding, cause to    1,075        

be charged and collected fees, charges, and rentals for the use    1,076        

of state parks and public service facilities and other fees and    1,077        

charges with respect to parks and recreation sufficient in amount  1,078        

to provide for the payment of bond service charges on such         1,079        

obligations and for the establishment and maintenance of any       1,080        

reserves as provided in the bond proceedings, and such covenants   1,081        

shall be controlling notwithstanding any other provision of law    1,082        

pertaining to such charges except any provision of law             1,083        

prohibiting or limiting charges for the use of swimming            1,084        

facilities of state parks and public service facilities by         1,085        

persons under sixteen years of age.                                1,086        

      (E)  There is hereby created the parks and recreation bond   1,088        

service trust fund, which shall be in the custody of the           1,089        

treasurer of state but shall be separate and apart from and not a  1,090        

part of the state treasury.  All moneys received by or on account  1,091        

of the commission or state agencies and required by the            1,092        

applicable bond proceedings to be deposited, transferred, or       1,093        

allocated to or received for the purposes of the trust fund shall  1,094        

be deposited with the treasurer of state and credited to such      1,095        

fund, subject to applicable provisions of the bond proceedings     1,096        

but without necessity for any act of appropriation.  The trust     1,097        

fund is hereby pledged to the payment of bond service charges on   1,098        

the obligations issued pursuant to this section and sections       1,099        

154.11 and 154.12 of the Revised Code to the extent provided in    1,100        

the applicable bond proceedings, and payment thereof from such     1,101        

fund shall be made or provided for by the treasurer of state in    1,102        

accordance with such bond proceedings without necessity for any    1,103        

act of appropriation.                                              1,104        

      (F)  There is hereby created in the state treasury the       1,106        

parks and recreation improvement fund.  Subject to the bond        1,107        

                                                          28     


                                                                 
proceedings therefor, all of the proceeds of the sale of           1,108        

obligations issued pursuant to this section shall be credited to   1,109        

such fund, except that any accrued interest received shall be      1,110        

credited to the parks and recreation bond service trust fund.      1,111        

The parks and recreation improvement fund may also be comprised    1,112        

of gifts, grants, appropriated moneys, and other sums and          1,113        

securities received to the credit of such fund.  Such fund shall   1,114        

be applied only to the purpose of paying costs of capital          1,115        

facilities for parks and recreation under the jurisdiction of the  1,116        

department of natural resources or for participation in capital    1,117        

facilities for parks and recreation with the federal government,   1,118        

municipal corporations, counties, or other governmental agencies,  1,119        

or any one or more of them, which participation may be by grants   1,120        

or contributions to them for such capital facilities.              1,121        

      (G)  All state parks shall be exclusively under the control  1,123        

and administration of the division of parks and recreation.  With  1,124        

the approval of the recreation and resources council, the          1,126        

director of natural resources may by order remove from the         1,127        

classification as state parks any of the lands or interests        1,128        

therein referred to in divisions (M)(2) and (3) of section 154.01  1,129        

of the Revised Code, subject to the limitations, provisions, and   1,130        

conditions in any order authorizing state park revenue bonds, in   1,131        

any trust agreement securing such bonds, or in bond proceedings    1,132        

with respect to obligations issued pursuant to this section.       1,133        

Lands or interests therein so removed shall be transferred to      1,134        

other divisions of the department for administration or may be     1,135        

sold as provided by law.  Proceeds of any sale shall be used or    1,136        

transferred as provided in the order authorizing state park        1,137        

revenue bonds or in such trust agreement, or in bond proceedings   1,138        

with respect to obligations issued pursuant to this section, and   1,139        

if no such provision is made shall be transferred to the state     1,140        

park fund created by section 1541.22 of the Revised Code.          1,141        

      (H)  This section shall be applied with other applicable     1,143        

provisions of this chapter.                                        1,144        

                                                          29     


                                                                 
      (I)  ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED       1,146        

PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE    1,148        

THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN  1,149        

SECTION 5301.012 OF THE REVISED CODE.                                           

      Sec. 154.23.  (A)  Subject to authorization by the general   1,159        

assembly under section 154.02 of the Revised Code, the Ohio        1,160        

public facilities commission may authorize and issue obligations   1,161        

pursuant to this chapter to pay costs of capital facilities for    1,162        

housing of branches and agencies of state government, including    1,163        

capital facilities for the purposes of housing personnel,          1,164        

equipment, or functions, or any combination thereof, that the      1,165        

state agencies are responsible for housing, except capital         1,166        

facilities for mental hygiene and retardation as referred to in    1,167        

section 154.20 of the Revised Code, capital facilities for         1,168        

state-supported and state-assisted institutions of higher          1,169        

education as referred to in section 154.21 of the Revised Code,    1,170        

capital facilities for parks and recreation as referred to in      1,171        

section 154.22 of the Revised Code, and capital facilities         1,172        

authorized by the general assembly to be financed pursuant to      1,173        

division (F) of section 152.09 of the Revised Code with            1,174        

obligations issued under Chapter 152. of the Revised Code.  Such   1,175        

obligations may be issued pursuant to one or more separate bond    1,176        

proceedings as the commission determines.                          1,177        

      (B)  Capital facilities for housing of branches and          1,179        

agencies of state government may be leased by the commission to    1,180        

the using state agency or to the department of administrative      1,181        

services for the use of such state agency or to other              1,182        

governmental agencies and the department of administrative         1,183        

services or the using state agency may sublease such capital       1,184        

facilities to other state agencies or other governmental           1,185        

agencies, and such parties may make other agreements for the use   1,186        

or sale or purchase of such capital facilities in any manner       1,187        

permitted by the lease or agreement with the commission, all upon  1,188        

such terms and conditions as the parties may agree upon and        1,189        

                                                          30     


                                                                 
pursuant to this chapter, notwithstanding other provisions of law  1,190        

affecting the leasing, acquisition, or disposition of capital      1,191        

facilities by such parties.  Any such lease between the            1,192        

commission and the department of administrative services or the    1,193        

using state agency shall be for a period not to exceed the then    1,194        

current two-year period for which appropriations have been made    1,195        

by the general assembly to the department of administrative        1,196        

services or the state agencies which will occupy the building or   1,197        

facility being leased.  An agreement between the commission and    1,198        

the department or using state agency may provide for renewal of    1,199        

the lease at the end of each term for another term, not exceeding  1,200        

two years, but no renewal shall be effective until the effective   1,201        

date of an appropriation enacted by the general assembly from      1,202        

which the department of administrative services or the using       1,203        

state agency may lawfully pay rentals under such lease.  Any such  1,204        

leases, subleases, or agreements may contain provisions setting    1,205        

forth the responsibilities of the commission, state agencies, or   1,206        

other governmental agencies as to the financing, construction,     1,207        

subleasing, operation, maintenance, and insuring of such capital   1,208        

facilities and other terms and conditions applicable thereto,      1,209        

including designation of the "owner" for purposes of Chapter 153.  1,210        

of the Revised Code, and any other provisions mutually agreed      1,211        

upon for the purposes of this chapter.  Promptly upon execution    1,212        

thereof a signed or conformed copy of each such lease or sublease  1,213        

or agreement, and any supplement thereto, between the commission   1,214        

and a governmental agency shall be filed by the commission with    1,215        

the department of administrative services and the director of      1,216        

budget and management, and promptly upon execution thereof a       1,217        

signed or conformed copy of each such sublease or agreement        1,218        

between two governmental agencies, not including the commission,   1,219        

shall be filed with the commission and the director.               1,220        

      (C)  For purposes of this section, "available receipts"      1,222        

means fees, charges, revenues, grants, subsidies, income from the  1,223        

investment of moneys, proceeds from the sale of goods or           1,224        

                                                          31     


                                                                 
services, and all other revenues or receipts received by or on     1,225        

behalf of any state agency for which capital facilities are        1,226        

financed with obligations issued under this section or any state   1,227        

agency by which the capital facilities are constructed or          1,228        

financed; revenues or receipts derived by the commission from the  1,229        

operation, leasing, or other disposition of capital facilities     1,230        

financed under this section; and the proceeds of obligations       1,231        

issued under this section and sections 154.11 and 154.12 of the    1,232        

Revised Code; and also means any moneys appropriated by a          1,233        

governmental agency, gifts, grants, donations, and pledges, and    1,234        

receipts therefrom, available for the payment of bond service      1,235        

charges on such obligations.  The commission may pledge all or     1,236        

such portion as it determines of the available receipts to the     1,237        

payment of bond service charges on obligations or series of        1,238        

obligations issued under this section and sections 154.11 and      1,239        

154.12 of the Revised Code and for the establishment and           1,240        

maintenance of any reserves, as provided in the bond proceedings,  1,241        

and make other provisions therein with respect to such available   1,242        

receipts as authorized by this chapter, which shall be             1,243        

controlling notwithstanding any other provisions of law            1,244        

pertaining thereto.                                                1,245        

      (D)  The commission may covenant in the bond proceedings     1,247        

that the state and state agencies shall, so long as any            1,248        

obligations issued under this section and those bond proceedings   1,249        

are outstanding, cause to be charged and collected such revenues   1,250        

and receipts constituting available receipts under those bond      1,251        

proceedings sufficient in amount to provide for the payment of     1,252        

bond service charges on those obligations and for the              1,253        

establishment and maintenance of any reserves, as provided in the  1,254        

bond proceedings for such obligations.  Such covenants shall be    1,255        

controlling, notwithstanding any other provision of law            1,256        

pertaining to such revenues and receipts.                          1,257        

      (E)  There is hereby created one or more funds, as           1,259        

determined by the commission in the bond proceedings, designated   1,260        

                                                          32     


                                                                 
the "state agency bond service fund" with, if more than one such   1,261        

fund, such further identifying name as the commission determines,  1,262        

which shall be in the custody of the treasurer of state but shall  1,263        

be separate and apart from and not a part of the state treasury.   1,264        

All moneys received by or on account of the commission or state    1,265        

agencies and required by the applicable bond proceedings to be     1,266        

deposited, transferred, or credited to the state agency bond       1,267        

service fund, and all other moneys transferred or allocated to or  1,268        

received for the purposes of that fund shall be deposited with     1,269        

the treasurer of state and credited to the applicable fund,        1,270        

subject to applicable provisions of the bond proceedings, but      1,271        

without necessity of any act or appropriation.  The state agency   1,272        

bond service funds are trust funds and are hereby pledged to the   1,273        

payment of bond service charges on the applicable obligations      1,274        

issued pursuant to this section and sections 154.11 and 154.12 of  1,275        

the Revised Code to the extent provided in the applicable bond     1,276        

proceedings, and payment thereof from such funds shall be made or  1,277        

provided for by the treasurer of state in accordance with the      1,278        

applicable bond proceedings without necessity for any act of       1,279        

appropriation.                                                     1,280        

      (F)  There is hereby created in the state treasury one or    1,282        

more funds, as determined by the commission in the bond            1,283        

proceedings, designated the "state agency facilities improvement   1,284        

fund" with, if more than one such fund, such further identifying   1,285        

name as the commission determines, which shall be in the custody   1,286        

of the treasurer of state.  Subject to the bond proceedings        1,287        

therefor, all of the proceeds of the sale of obligations pursuant  1,288        

to this section shall be credited to the applicable state agency   1,289        

facilities improvement fund, except that any accrued interest      1,290        

shall be credited to the applicable bond service fund.  The state  1,291        

agency facilities improvement funds may also be comprised of       1,292        

gifts, contributions from governmental agencies, grants,           1,293        

appropriated moneys, and other sums and securities received to     1,294        

the credit of such funds.  Such funds shall be applied only to     1,295        

                                                          33     


                                                                 
the purpose of paying applicable costs of capital facilities for   1,296        

housing of branches and agencies of state government or for        1,297        

participation in capital facilities for housing of branches and    1,298        

agencies of state government with the federal government,          1,299        

municipal corporations, counties, or other governmental agencies,  1,300        

or any one or more of them, which participation may be by grants   1,301        

or contributions to them for such capital facilities.              1,302        

      (G)  This section is to be applied with other applicable     1,304        

provisions of this chapter.                                        1,305        

      (H)  ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE   1,307        

STATE ACQUIRES REAL PROPERTY PURSUANT TO THIS SECTION SHALL        1,309        

IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF   1,310        

THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED  1,311        

CODE.                                                                           

      Sec. 163.02.  (A)  Except as provided in divisions (B),      1,320        

(C), and (D) of this section, all appropriations of real property  1,321        

shall be made pursuant to sections 163.01 to 163.22 of the         1,322        

Revised Code.                                                      1,323        

      (B)  Subject to division (E) of this section, the director   1,325        

of transportation may appropriate real property pursuant to        1,326        

sections 163.01 to 163.22 of the Revised Code or as otherwise      1,327        

provided by law.                                                   1,328        

      (C)  Subject to division (E) of this section, a conservancy  1,330        

district may appropriate real property by procedures prescribed    1,331        

in Chapter 6101. of the Revised Code.                              1,332        

      (D)  Subject to division (E) of this section, a sanitary     1,334        

district may appropriate real property by procedures prescribed    1,335        

in Chapter 6115. of the Revised Code.                              1,336        

      (E)  When the director of transportation, a conservancy      1,338        

district, or a sanitary district proceeds to appropriate real      1,339        

property other than under sections 163.01 to 163.22 of the         1,340        

Revised Code, the proceedings are subject to division (B) of       1,341        

section 163.21 of the Revised Code.                                1,342        

      (F)  ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE   1,344        

                                                          34     


                                                                 
STATE ACQUIRES REAL PROPERTY PURSUANT TO THIS SECTION SHALL        1,346        

IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF   1,347        

THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED  1,348        

CODE.                                                                           

      Sec. 165.02.  Section 13 of Article VIII, Ohio               1,357        

Constitution, is in part implemented by this chapter in            1,358        

furtherance of the public purposes of the state to create or       1,359        

preserve jobs and employment opportunities and to improve the      1,360        

economic welfare of the people of the state.  An issuer acting     1,361        

through its issuing authority may in accordance with Section 13    1,362        

of Article VIII, Ohio Constitution:                                1,363        

      (A)  Acquire by gift or purchase and hold and mortgage real  1,365        

estate and interests therein and personal property to be used as   1,366        

a project or a part thereof;                                       1,367        

      (B)  Purchase, construct, reconstruct, enlarge, improve,     1,369        

furnish, and equip and lease, sell, exchange, and otherwise        1,370        

dispose of projects or parts thereof for those of the purposes     1,371        

set forth in Section 13 of Article VIII, Ohio Constitution, that   1,372        

are specified in the first sentence of this section, including,    1,373        

without limitation thereto, the sale of projects by conditional    1,374        

or installment sale, under which title may pass prior to or after  1,375        

completion of construction of a project or payment or provision    1,376        

for payment of all principal of, premium, if any, and interest on  1,377        

the bonds, or at any other time provided in the agreement          1,378        

pertaining to such sale, and including sale under an option to     1,379        

purchase upon agreed terms which may include a price which may be  1,380        

a nominal amount or less than true value at the time of purchase;  1,381        

      (C)  Issue its bonds to provide funds, by loans or           1,383        

otherwise, for acquiring, constructing, reconstructing,            1,384        

enlarging, improving, furnishing, or equipping one or more         1,385        

projects or parts thereof;                                         1,386        

      (D)  Make loans for the acquisition, construction,           1,388        

reconstruction, enlargement, improvement, furnishing, or           1,389        

equipping of projects or parts thereof upon such terms as the      1,390        

                                                          35     


                                                                 
issuing authority may determine or authorize, including secured    1,391        

or unsecured loans, and, in connection therewith, enter into loan  1,392        

agreements and other agreements, accept notes or other forms of    1,393        

obligation to evidence such indebtedness and security interests    1,394        

to secure such indebtedness, and take such action as may be        1,395        

considered by it appropriate to protect such security and          1,396        

safeguard against losses, including, without limitation thereto,   1,397        

foreclosure and the bidding upon and purchase of property upon     1,398        

foreclosure or other sale;                                         1,399        

      (E)  Enter into contracts and execute all instruments        1,401        

necessary or appropriate to carry out the purposes of Chapter      1,402        

165. of the Revised Code;                                          1,403        

      (F)  Fix, alter, and collect rentals and other charges for   1,405        

the use and occupancy of a project and lease the project to        1,406        

others, including a contract with, or the granting of an option    1,407        

to the lessee to purchase the project for such price as the        1,408        

issuing authority in its sole discretion determines to be          1,409        

appropriate, after retirement or redemption, or provision          1,410        

therefor, of all the bonds of the issuer issued to provide funds   1,411        

for the project;                                                   1,412        

      (G)  Retain, contract with, or employ and fix the            1,414        

compensation of financial consultants, appraisers, accounting      1,415        

experts, architects, engineers, attorneys at law, and other        1,416        

employees, agents, and independent contractors as are necessary    1,417        

in the judgment of the issuing authority to carry out the          1,418        

provisions of Chapter 165. of the Revised Code;                    1,419        

      (H)  Pledge, assign, hypothecate, or otherwise encumber as   1,421        

security for the bonds, the rentals, revenues, and other income,   1,422        

charges, and moneys realized from the use, lease, sale, or other   1,423        

disposition of one or more projects or parts thereof as may be     1,424        

designated in the bond proceedings and enter into trust            1,425        

agreements or indentures of mortgage for the benefit of            1,426        

bondholders;                                                       1,427        

      (I)  Enter into appropriate arrangements with any federal    1,429        

                                                          36     


                                                                 
or state department or agency, county, township, municipal         1,430        

corporation, or other political subdivision, taxing district, or   1,431        

public body or agency for the planning and installation of         1,432        

streets, roads, alleys, water supply and distribution facilities,  1,433        

storm and sanitary sewage collection and disposal facilities, and  1,434        

other necessary appurtenances to a project;                        1,435        

      (J)  Purchase fire and extended coverage and liability       1,437        

insurance for a project, insurance protecting the issuer and its   1,438        

officers and employees against liability for damage to property    1,439        

or injury to or death of persons arising from the project, and     1,440        

any other insurance the issuer may agree to provide under the      1,441        

bond proceedings;                                                  1,442        

      (K)  Sell, lease, release, or otherwise dispose of real and  1,444        

personal property or interests therein, or a combination thereof,  1,445        

acquired by the issuer under authority of Chapter 165. of the      1,446        

Revised Code and no longer needed for the purposes of such         1,447        

chapter or of the issuer, and grant such easements and other       1,448        

rights in, over, under, or across a project as will not interfere  1,449        

with its use of such property.  Such sale, lease, release,         1,450        

disposition, or grant may be made without competitive bidding and  1,451        

in such manner and for such consideration as the issuing           1,452        

authority in its judgment deems appropriate;.                      1,453        

      (L)  Do all other acts necessary or appropriate to carry     1,455        

out those of the purposes of Section 13 of Article VIII, Ohio      1,456        

Constitution, that are specified in the first sentence of this     1,457        

section, and the purposes of this chapter.                         1,458        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   1,460        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    1,461        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   1,462        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 175.04.  The Ohio housing finance agency may:           1,471        

      (A)  Adopt bylaws for the conduct of its business;           1,473        

      (B)  Subject to sections 175.05 and 175.06 of the Revised    1,475        

Code, purchase and contract to purchase loans or other evidence    1,476        

                                                          37     


                                                                 
of debt from, and make and contract to make loans to, or through,  1,477        

lending institutions;                                              1,478        

      (C)  Procure or require the procurement of insurance         1,480        

against any loss in connection with its operations, including      1,481        

without limitation the repayment of any loan, in such amounts and  1,482        

from such insurers, including, without limitation, the federal     1,483        

government, and pay any premiums therefor;                         1,484        

      (D)  Arrange for guarantees of its bonds by the federal      1,486        

government or by any private insurer or others, and contract,      1,487        

arrange for, make, or obtain letters of credit, agreements to      1,488        

purchase, repurchase, remarket, and index bonds, investment        1,489        

agreements, certificates of deposit, and other arrangements,       1,490        

agreements, and instruments related to the security for, or        1,491        

application or investment of funds pertaining to, the bonds, and   1,492        

pay any premiums or other consideration therefor from the          1,493        

proceeds of bonds or other revenues;                               1,494        

      (E)  Contract for the administration, origination, and       1,496        

servicing of loans;                                                1,497        

      (F)  Contract with, retain, or designate financial           1,499        

consultants, accountants, and such other consultants and           1,500        

independent contractors as the agency may determine to be          1,501        

necessary or appropriate to carry out the purposes of this         1,502        

chapter and to fix the terms thereof;                              1,503        

      (G)  Subject to the rights of holders of bonds, collect,     1,505        

enforce the collection of, and foreclose on any collateral         1,506        

securing loans and acquire or take possession of such collateral   1,507        

and sell the same at public or private sale, and otherwise deal    1,508        

with such collateral as may be necessary to protect the interest   1,509        

of the agency and the holders of bonds;                            1,510        

      (H)  Subject to the rights of holders of bonds, consent to   1,512        

any modification with respect to the rate of interest, time of     1,513        

payment of any installment of principal or interest, security or   1,514        

other term of any loan or commitment therefor or agreement of any  1,515        

kind to which the agency is a party or beneficiary;                1,516        

                                                          38     


                                                                 
      (I)  Charge, alter, and collect fees, interest rates, or     1,518        

other charges for loans, allocation of loan funds, purchases of    1,519        

mortgage loans, processing services, or other services;            1,520        

      (J)  Undertake and carry out or authorize the completion of  1,522        

studies and analyses of housing conditions and needs within the    1,523        

state relevant to the purpose of this chapter to the extent not    1,524        

otherwise undertaken by other departments or agencies of the       1,525        

state satisfactory for such purpose;                               1,526        

      (K)  Acquire by gift, purchase, foreclosure, or other        1,528        

means, and hold, assign, pledge, lease, transfer, or otherwise     1,529        

dispose of real and personal property, or any interest therein,    1,530        

in the exercise of its powers and the performance of its duties    1,531        

under this chapter;                                                1,532        

      (L)  Receive and accept gifts, grants, loans, or any other   1,534        

financial or other form of aid from any federal, state, local, or  1,535        

private agency or fund and enter into any contract with any such   1,536        

agency or fund in connection therewith, and receive and accept     1,537        

aid or contributions from any other source of money, property,     1,538        

labor, or things of value, to be held, used, and applied only for  1,539        

the purposes for which such grants and contributions are made,     1,540        

all within the purposes of this chapter;                           1,541        

      (M)  Sue and be sued in its own name with respect to its     1,543        

contracts or to enforce this chapter or its obligations or         1,544        

covenants made under this chapter;                                 1,545        

      (N)  Make and enter into all contracts, commitments, and     1,547        

agreements, and execute all instruments necessary or incidental    1,548        

to the performance of its duties and the execution of its powers   1,549        

under this chapter;                                                1,550        

      (O)  Adopt an official seal;                                 1,552        

      (P)  In exercising its powers under this chapter, do all of  1,554        

the following:                                                     1,555        

      (1)  Make noninterest-bearing advances or commitments        1,557        

therefor from the housing development fund and from any other      1,558        

sources available for that purpose, but not from the proceeds of   1,559        

                                                          39     


                                                                 
bonds to sponsors to pay those expenses which are necessary and    1,560        

proper in connection with the preparation of applications for      1,561        

financial assistance for housing developments, which may include   1,562        

payments for options to purchase proposed housing development      1,563        

sites, deposits on purchase contracts, payments for the purchase   1,564        

of development sites, legal, organizational, and marketing         1,565        

expenses, project manager and clerical staff salaries, office      1,566        

rent, fees for preliminary feasibility studies, planning,          1,567        

engineering, and architectural work, application and other fees    1,568        

of federal, state, and local agencies.  Advances shall be repaid   1,569        

and in the event a mortgage loan or other permanent financing      1,570        

becomes available to the recipient, whether from the agency or     1,571        

any other source, for the cost of the housing development, the     1,572        

advance shall be repaid in full to the agency out of such          1,573        

proceeds.  No advances shall be made unless the agency may         1,574        

reasonably anticipate that assisted mortgage financing will be     1,575        

obtained for the permanent financing of the development.           1,576        

      (2)  Guarantee the repayment or make commitments to          1,578        

guarantee the repayment of a loan or any part of a loan to a       1,579        

sponsor, homeowner, or private developer from the agency or any    1,580        

approved lender for paying the costs of the development of         1,581        

housing for low and moderate income families or for financing      1,582        

mortgages for housing for elderly and low or moderate income       1,583        

families.  The agency may enter into contracts with any lender or  1,584        

borrower upon such terms and conditions as it may agree upon with  1,585        

the lender or borrower to provide for the administration of the    1,586        

loan guaranteed by the agency including applications and terms     1,587        

for repayment.  A loan so guaranteed shall be declared in default  1,588        

after the expiration of a period of nonpayment prescribed by the   1,589        

agency.  The lender may then apply for payment of the loan or of   1,590        

that portion of the loan which is in default.  Upon determination  1,591        

by the agency that the loan or portion of a loan is in default,    1,592        

the agency shall pay from the housing guarantee fund created by    1,593        

division (C) of section 175.10 of the Revised Code that amount     1,594        

                                                          40     


                                                                 
that was subject to guarantee by the agency.                       1,595        

      (3)  Use the reserve funds of the agency that are not        1,597        

raised by taxation and that are not otherwise obligated for debt   1,598        

service to guarantee single family mortgage revenue bonds issued   1,599        

by the agency.                                                                  

      (4)  Make, undertake commitments to make, and participate    1,601        

in the making of mortgage loans, including without limitation      1,602        

federally insured mortgage loans, and to make temporary loans and  1,603        

advances in anticipation of permanent mortgage loans to sponsors,  1,604        

homeowners, and private developers to finance the construction or  1,605        

rehabilitation of housing developments; provided, however, that    1,606        

such loans shall be made only upon the determination by the        1,607        

agency that mortgage loans are not otherwise available, wholly or  1,608        

in part, from private lenders upon reasonably equivalent terms     1,609        

and conditions;                                                    1,610        

      (5)  Provide such technical information, advice, and         1,612        

assistance, on obtaining federal and state aid, as will encourage  1,613        

or assist the planning, construction, rehabilitation, and          1,614        

operation of housing for low and moderate income persons to        1,615        

sponsors, homeowners, and private developers.  For those           1,616        

sponsors, homeowners, and private developers who may be eligible   1,617        

for, or who obtain, financial assistance from the agency, or a     1,618        

mortgage loan made by a lender under terms and conditions          1,619        

established and enforced by the agency, the agency may provide     1,620        

information, assistance, or instruction concerning agency          1,621        

programs, eligibility requirements, application procedures, and    1,622        

other such matters.  The costs of such assistance may be paid      1,623        

from any sources available to the agency for that purpose, but     1,624        

not from the proceeds of bonds.                                    1,625        

      (6)  Determine income limits for low and moderate income     1,627        

persons and establish periodic reviews of income limits, which     1,628        

income limits may vary from area to area within the state and      1,629        

shall be based upon the factors enumerated in division (G) of      1,630        

section 175.01 of the Revised Code;                                1,631        

                                                          41     


                                                                 
      (7)  Establish, and close out such funds as would be         1,633        

convenient and appropriate for the carrying out of the purposes    1,634        

of Chapter 175. of the Revised Code;                               1,635        

      (8)  Invest in, purchase, and take assignments from lenders  1,637        

of notes and mortgage loans including federally insured mortgage   1,638        

loans or participations with lenders in such notes and mortgage    1,639        

loans for the construction, rehabilitation, purchase, leasing, or  1,640        

refinancing of housing developments in this state upon the terms   1,641        

set forth in section 175.05 of the Revised Code;                   1,642        

      (9)  Sell at public or private sale, any mortgage or         1,644        

mortgage backed securities held by the agency.                     1,645        

      (Q)  Do any and all things necessary or appropriate to       1,647        

carry out the purposes and exercise the powers granted in this     1,648        

chapter and the purposes of Section 14 of Article VIII, Ohio       1,649        

Constitution.                                                      1,650        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   1,652        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    1,653        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   1,654        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 307.12.  (A)  When EXCEPT AS OTHERWISE PROVIDED IN      1,663        

DIVISION (B) OF THIS SECTION, WHEN the board of county             1,664        

commissioners finds, by resolution, that the county has personal   1,665        

property, including motor vehicles acquired for the use of county  1,666        

officers and departments, and road machinery, equipment, tools,    1,667        

or supplies, which is not needed for public use, or is obsolete    1,668        

or unfit for the use for which it was acquired, and when the fair  1,669        

market value of the property to be sold under this division is,    1,670        

in the opinion of the board, in excess of two thousand five        1,671        

hundred dollars, the board may do either of the following:         1,672        

      (1)  Sell such property at public auction or by sealed bid   1,674        

to the highest bidder.  Notice of the time, place, and manner of   1,676        

the sale shall also be published in a newspaper of general         1,677        

circulation in the county at least ten days prior to the sale,     1,679        

and a typewritten or printed notice of the time, place, and                     

                                                          42     


                                                                 
manner of the sale shall be posted at least ten days before the    1,680        

sale in the offices of the county auditor and the board of county  1,681        

commissioners.                                                                  

      If a board conducts a sale of personal property by sealed    1,683        

bid, the form of the bid shall be as prescribed by the board, and  1,684        

each bid shall contain the name of the person submitting it.       1,685        

Bids received shall be opened and tabulated at the time stated in  1,686        

the notice.  The property shall be sold to the highest bidder,     1,687        

except that the board may reject all bids and hold another sale,   1,688        

by public auction or sealed bid, in the manner prescribed by this  1,689        

section.                                                           1,690        

      (2)  Donate any motor vehicle that does not exceed four      1,692        

thousand five hundred dollars in value to a nonprofit              1,693        

organization exempt from federal income taxation pursuant to 26    1,694        

U.S.C. 501(a) and (c)(3) for the purpose of meeting the            1,695        

transportation needs of participants in the Ohio works first                    

program established under Chapter 5107. of the Revised Code and    1,696        

participants in the prevention, retention, and contingency         1,697        

program established under Chapter 5108. of the Revised Code.       1,698        

      (B)  When the board of county commissioners finds, by        1,700        

resolution, that the county has personal property, including       1,701        

motor vehicles acquired for the use of county officers and         1,702        

departments, and road machinery, equipment, tools, or supplies,    1,703        

which is not needed for public use, or is obsolete or unfit for    1,704        

the use for which it was acquired, and when the fair market value               

of the property to be sold under this division is, in the opinion  1,705        

of the board, two thousand five hundred dollars or less, the       1,706        

board may sell the property by private sale, without               1,707        

advertisement or public notification.  Notwithstanding             1,708        

      NOTWITHSTANDING anything to the contrary in division (A) of  1,711        

this section and regardless of the property's value, the board     1,712        

may sell OR DONATE personal property not needed for public use or  1,714        

obsolete or unfit for the use for which it was acquired,           1,715        

INCLUDING MOTOR VEHICLES, OF THE COUNTY to the federal             1,716        

                                                          43     


                                                                 
government, the state, or any political subdivision of the state   1,717        

without advertisement or public notification.                                   

      (C)  When a county officer or department head determines     1,719        

that county-owned personal property under the jurisdiction of the  1,721        

officer or department head, including motor vehicles, road                      

machinery, equipment, tools, or supplies, is not of immediate      1,722        

need, the county officer or department head may notify the board   1,723        

of county commissioners, and the board may lease such personal     1,725        

property to any municipal corporation, township, or other          1,726        

political subdivision of the state.  Such lease shall require the  1,727        

county to be reimbursed under terms, conditions, and fees          1,728        

established by the board of county commissioners, or under                      

contracts executed by the board.                                   1,729        

      (D)  Where the board finds, by resolution, that the county   1,731        

has vehicles, equipment, or machinery which is not needed, or is   1,732        

unfit for public use, and the board desires to sell such           1,733        

vehicles, equipment, or machinery to the person or firm from       1,734        

which it proposes to purchase other vehicles, equipment, or        1,735        

machinery, the board may offer to sell the vehicles, equipment,    1,736        

or machinery to such person or firm, and to have such selling      1,737        

price credited to the person or firm against the purchase price    1,738        

of other vehicles, equipment, or machinery.                        1,739        

      (E)  Where the board advertises for bids for the sale of     1,741        

new vehicles, equipment, or machinery to the county, it may        1,742        

include in the same advertisement a notice of the willingness of   1,743        

such board to accept bids for the purchase of county-owned         1,744        

vehicles, equipment, or machinery which is obsolete or not needed  1,745        

for public use, and to have the amount of such bids subtracted     1,746        

from the selling price of the other vehicles, equipment, or        1,747        

machinery as a means of determining the lowest responsible         1,748        

bidder.                                                            1,749        

      Sec. 319.201.  Whenever the state or any political           1,758        

subdivision thereof acquires an easement, right, title, or         1,759        

interest in a parcel or part of a parcel of real property, either  1,760        

                                                          44     


                                                                 
by deed of purchase or by order of court, upon which parcel of     1,761        

real property the lien for taxes has attached under section        1,762        

323.11 or 5727.06 of the Revised Code, the state agency or         1,763        

political subdivision acquiring such real property shall file      1,764        

evidence of title by purchase or by court order with the county    1,765        

auditor of the county in which such property is located.  Such     1,766        

evidence of title shall contain a reference to the volume and      1,767        

page of the recording of the next preceding recorded instrument    1,768        

by or through which the grantor or previous property owner         1,769        

acquired or claims title.  Such evidence of title shall be         1,770        

endorsed by the county auditor as provided in section 317.22 of    1,771        

the Revised Code, and recorded as other instruments of conveyance  1,772        

are recorded.  ANY EVIDENCE OF TITLE TO REAL PROPERTY THAT THE     1,773        

STATE OR AN AGENCY OF THE STATE FILES PURSUANT TO THIS SECTION     1,774        

SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND        1,775        

BENEFIT OF THE PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE    1,776        

REVISED CODE.                                                                   

      All taxes appearing on the current tax duplicate as owing    1,778        

on such transferred parcel or part of SUCH parcel of real          1,779        

property shall be due and payable as of the date of transfer or    1,780        

acquisition of easement, right, or interest, whichever is later.   1,781        

      Whenever said easement, right, or interest has been          1,783        

acquired in a parcel or part of a parcel of real property after    1,784        

the lien for taxes has attached and the taxes for said tax lien    1,785        

year have not been determined, assessed, and levied for that       1,786        

year, the county auditor, upon application of the grantee or the   1,787        

grantor or property owner, shall make an estimate of the taxes     1,788        

that will be assessed and levied against said parcel for the tax   1,789        

lien year.                                                         1,790        

      If the grantor or property owner has transferred only a      1,792        

part of the parcel by easement, right, or interest in or to such   1,793        

part of the parcel of real property to the state or a political    1,794        

subdivision thereof, the county auditor shall apportion the tax    1,795        

valuation of the parcel of real property proportionately between   1,796        

                                                          45     


                                                                 
the part acquired by the state or the political subdivision and    1,797        

the residue remaining with the grantor.  If such tax valuation of  1,798        

the residue remaining with the property owner is sufficient to     1,799        

support the taxes that are a lien or that are due and payable,     1,800        

the lien  for taxes shall attach to the residue part of the        1,801        

parcel.  If such apportioned assessed valuation of the part of     1,802        

the parcel remaining with the grantor or property owner is not     1,803        

sufficient to support the taxes on the parcel that are due and     1,804        

payable and the proportionate amount of the estimated taxes that   1,805        

are a lien but not determined, assessed, and levied, such taxes    1,806        

shall immediately be due and payable; provided, that the grantor   1,807        

or property owner shall be liable only for that portion of the     1,808        

estimated taxes, for the period of the tax lien year preceding     1,809        

the transfer or conveyance of the property to the state or the     1,810        

political subdivision.                                             1,811        

      This section does not change the total amount of taxes,      1,813        

special assessments, or other charges as originally levied, or     1,814        

the total amount of the balance due.  The auditor shall certify    1,815        

such apportionments to the county treasurer.                       1,816        

      Section 319.42 of the Revised Code applies to the            1,818        

apportionment of special assessments.                              1,819        

      Upon presentation of the executed instrument of conveyance   1,821        

of an easement or the order of court conveying or granting such    1,822        

an easement for highway purposes together with evidence or proof   1,823        

showing that the proportionate amount of taxes, penalties, and     1,824        

interest charged against the part of the whole parcel over which   1,825        

the easement attaches and the proportionate amount of estimated    1,826        

taxes to be levied and assessed against the part of the parcel     1,827        

acquired for highway purposes have been paid or provision made     1,828        

for the payment thereof, the county auditor shall reduce the tax   1,829        

valuation of the parcel to reflect the value of the part or        1,830        

portion used or occupied as a public highway in accordance with    1,831        

section 5713.04 of the Revised Code.                               1,832        

      The lien for taxes shall thereupon be extinguished as to     1,834        

                                                          46     


                                                                 
that part or portion acquired and used for public highway          1,835        

purposes.                                                          1,836        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   1,838        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    1,839        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   1,840        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 901.63.  (A)  The agricultural financing commission     1,849        

shall do both of the following until June 30, 1999:                1,850        

      (1)  Make recommendations to the director of agriculture     1,852        

about financial assistance applications made pursuant to sections  1,854        

901.80 to 901.83 of the Revised Code.  In making its               1,855        

recommendations, the commission shall utilize criteria             1,856        

established by rules adopted under division (A)(8)(b) of section   1,857        

901.82 of the Revised Code.                                        1,858        

      (2)  Advise the director in the administration of sections   1,860        

901.80 to 901.83 of the Revised Code.                              1,861        

      With respect to sections 901.80 to 901.83 of the Revised     1,864        

Code, the role of the commission is solely advisory.  No officer,  1,865        

member, or employee of the commission is liable for damages in a   1,866        

civil action for any injury, death, or loss to person or property  1,867        

that allegedly arises out of purchasing any loan or providing a    1,868        

loan guarantee, failure to purchase a loan or provide a loan       1,869        

guarantee, or failure to take action under sections 901.80 to      1,870        

901.83 of the Revised Code, or that allegedly arises out of any    1,871        

act or omission of the department of agriculture that involves     1,872        

those sections.                                                    1,873        

      (B)  The commission may:                                     1,875        

      (1)  Adopt bylaws for the conduct of its business;           1,877        

      (2)  Exercise all rights, powers, and duties conferred on    1,879        

the commission as an issuer under Chapter 902. of the Revised      1,880        

Code;                                                              1,881        

      (3)  Contract with, retain, or designate financial           1,883        

consultants, accountants, and such other consultants and           1,884        

independent contractors as the commission may determine to be      1,885        

                                                          47     


                                                                 
necessary or appropriate to carry out the purposes of this         1,886        

chapter and to fix the terms of those contracts;                   1,887        

      (4)  Undertake and carry out or authorize the completion of  1,889        

studies and analyses of agricultural conditions and needs within   1,890        

the state relevant to the purpose of this chapter to the extent    1,891        

not otherwise undertaken by other departments or agencies of the   1,892        

state satisfactory for such purpose;                               1,893        

      (5)  Acquire by gift, purchase, foreclosure, or other        1,895        

means, and hold, assign, pledge, lease, transfer, or otherwise     1,896        

dispose of real and personal property, or any interest in that     1,898        

real and personal property, in the exercise of its powers and the  1,899        

performance of its duties under this chapter and Chapter 902. of   1,900        

the Revised Code;                                                               

      (6)  Receive and accept gifts, grants, loans, or any other   1,902        

financial or other form of aid from any federal, state, local, or  1,903        

private agency or fund and enter into any contract with any such   1,904        

agency or fund in connection therewith, and receive and accept     1,905        

aid or contributions from any other source of money, property,     1,906        

labor, or things of value, to be held, used, and applied only for  1,907        

the purposes for which such grants and contributions are made,     1,908        

all within the purposes of this chapter and Chapter 902. of the    1,909        

Revised Code;                                                      1,910        

      (7)  Sue and be sued in its own name with respect to its     1,912        

contracts or to enforce this chapter or its obligations or         1,913        

covenants made under this chapter and Chapter 902. of the Revised  1,914        

Code;                                                              1,915        

      (8)  Make and enter into all contracts, commitments, and     1,917        

agreements, and execute all instruments necessary or incidental    1,918        

to the performance of its duties and the execution of its powers   1,919        

under this chapter and Chapter 902. of the Revised Code;           1,920        

      (9)  Adopt an official seal;                                 1,922        

      (10)  Do any and all things necessary or appropriate to      1,924        

carry out the public purposes and exercise the powers granted to   1,925        

the commission in this chapter and Chapter 902. of the Revised     1,926        

                                                          48     


                                                                 
Code and the public purposes of Section 13 of Article VIII, Ohio   1,927        

Constitution.                                                      1,928        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   1,930        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    1,931        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   1,932        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 902.03.  Section 13 of Article VIII, Ohio               1,941        

Constitution, is in part implemented by this chapter in            1,942        

furtherance of the public purposes of the state to create or       1,943        

preserve jobs and employment opportunities or to improve the       1,944        

economic welfare of the people of the state.  Any issuer acting    1,945        

through its issuing authority may in accordance with Section 13    1,946        

of Article VIII, Ohio Constitution:                                1,947        

      (A)  Acquire by gift or purchase and hold and mortgage real  1,949        

estate and interests therein and personal property to be used as   1,950        

a project;                                                         1,951        

      (B)  Purchase, construct, reconstruct, enlarge, improve,     1,953        

furnish, and equip and lease, sell, exchange, and otherwise        1,954        

dispose of projects including, without limitation, the sale of     1,955        

projects by conditional or installment sale under which title may  1,956        

pass prior to or after completion of construction of a project or  1,957        

payment or provision for payment of all principal of, premium, if  1,958        

any, and interest on the bonds, or at any other time provided in   1,959        

the agreement pertaining to such sale, and including sale under    1,960        

an option to purchase upon agreed terms which may include a price  1,961        

which may be a nominal amount or less than true value at the time  1,962        

of purchase;                                                       1,963        

      (C)  Issue its bonds pursuant to a composite financing       1,965        

arrangement or otherwise to provide funds, by loans or otherwise,  1,966        

for acquiring, constructing, reconstructing, enlarging,            1,967        

improving, furnishing, or equipping one or more projects or parts  1,968        

thereof;                                                           1,969        

      (D)  Subject to division (D)(1) of section 902.04 of the     1,971        

Revised Code, issue its bonds pursuant to a composite financing    1,972        

                                                          49     


                                                                 
arrangement for a group of loans submitted by or through a single  1,973        

lending institution, or with credit enhancement from a single      1,974        

lending institution or other person, to provide funds for          1,975        

acquiring, constructing, reconstructing, enlarging, improving,     1,976        

furnishing, or equipping one or more projects or parts thereof;    1,977        

      (E)  Make loans for the acquisition, construction,           1,979        

reconstruction, enlargement, improvement, furnishing, or           1,980        

equipping of projects upon such terms as the issuing authority     1,981        

may determine or authorize, including secured or unsecured loans,  1,982        

and, in connection therewith, enter into loan agreements and       1,983        

other agreements, accept notes or other forms of obligation to     1,984        

evidence such indebtedness and security interests to secure such   1,985        

indebtedness, and take such action as may be considered by it      1,986        

appropriate to protect such security and safeguard against         1,987        

losses, including without limitation, foreclosure and the bidding  1,988        

upon and purchase of property upon foreclosure or other sale;      1,989        

      (F)  Enter into contracts and execute all instruments        1,991        

necessary or appropriate to carry out the purposes of this         1,992        

chapter;                                                           1,993        

      (G)  Fix, alter, and collect rentals and other charges for   1,995        

the use and occupancy of a project and lease the project to        1,996        

others, including a contract with, or the granting of an option    1,997        

to the lessee to purchase the project for such price as the        1,998        

issuing authority in its sole discretion determines to be          1,999        

appropriate, after retirement or redemption, or provision          2,000        

therefor, of all the bonds of the issuer issued to provide funds   2,001        

for the project;                                                   2,002        

      (H)  Retain, contract with, or employ and fix the            2,004        

compensation of financial consultants, appraisers, accounting      2,005        

experts, architects, engineers, and other employees, agents, and   2,006        

independent contractors as are necessary in the judgment of the    2,007        

issuing authority to carry out the provisions of this chapter;     2,008        

      (I)  Pledge, assign, hypothecate, or otherwise encumber as   2,010        

security for the bonds, the rentals, revenues, and other income,   2,011        

                                                          50     


                                                                 
charges, and moneys realized from the use, lease, sale, or other   2,012        

disposition of one or more projects or parts thereof as may be     2,013        

designated in the bond proceedings and enter into trust            2,014        

agreements or indentures of mortgage for the benefit of            2,015        

bondholders;                                                       2,016        

      (J)  Enter into appropriate arrangements with any federal    2,018        

or state department or agency, county, township, municipal         2,019        

corporation, or other political subdivision, taxing district or    2,020        

public body or agency for the planning and installation of         2,021        

streets, roads, alleys, water supply and distribution facilities,  2,022        

storm and sanitary sewage collection and disposal facilities, and  2,023        

other necessary appurtenances to a project;                        2,024        

      (K)  Purchase fire and extended coverage and liability       2,026        

insurance for a project, insurance protecting the issuer and its   2,027        

officers and employees against liability for damage to property    2,028        

or injury to or death of persons arising from the project, and     2,029        

any other insurance the issuer may agree to provide under the      2,030        

bond proceedings;                                                  2,031        

      (L)  Sell, lease, release, or otherwise dispose of real and  2,033        

personal property or interests therein, or a combination thereof,  2,034        

acquired by the issuer under authority of this chapter, and grant  2,035        

such easements and other rights in, over, under, or across a       2,036        

project as will not interfere with its use of such property,       2,037        

which sale, lease, release, disposition, or grant may be made      2,038        

without competitive bidding and in such manner and for such        2,039        

consideration as the issuing authority in its judgment deems       2,040        

appropriate;                                                       2,041        

      (M)  Purchase and contract to purchase loans or other        2,043        

evidence of debt from, and make and contract to make loans to or   2,044        

through lending institutions;                                      2,045        

      (N)  Procure or require the procurement of insurance         2,047        

against any loss in connection with its operations, including      2,048        

without limitation the repayment of any loan, in such amount and   2,049        

from such insurers, including without limitation, the federal      2,050        

                                                          51     


                                                                 
government, and pay any premiums therefor;                         2,051        

      (O)  Arrange for guarantees of its bonds by the federal      2,053        

government or by any private insurer or others, and contract,      2,054        

arrange for, make, or obtain letters of credit, agreements to      2,055        

purchase, repurchase, remarket, and index bonds, investment        2,056        

agreements, certificates of deposit, and other arrangements,       2,057        

agreements, and instruments related to the security for, or        2,058        

application or investment of funds pertaining to, bonds and pay    2,059        

any premiums or other consideration therefor from the proceeds of  2,060        

bonds or other revenues;                                           2,061        

      (P)  Enter into reimbursement agreements, credit             2,063        

agreements, escrow agreements and such other contracts and         2,064        

agreements as appropriate, do all things necessary or appropriate  2,065        

and permitted by law to carry out such agreements, arrangements,   2,066        

and contracts, including the issuance of bonds in consideration    2,067        

of advances made under such agreements, arrangements, and          2,068        

contracts, and assign or direct the assignment of the right of     2,069        

the issuer with respect to such credit facilities and authorize    2,070        

its designated agents to draw upon such credit facilities;         2,071        

      (Q)  Contract for the administration, origination, and       2,073        

servicing of loans and determine rates, fees, charges, and other   2,074        

terms and conditions in connection therewith;                      2,075        

      (R)  Subject to the rights of holders of bonds, collect,     2,077        

enforce the collection of, and foreclose on any collateral         2,078        

securing loans and acquire or take possession of such collateral   2,079        

and sell the same at public or private sale, and otherwise deal    2,080        

with such collateral as may be necessary to protect the interests  2,081        

of the issuer and the holders of bonds;                            2,082        

      (S)  Subject to the rights of holders of bonds, consent to   2,084        

any modification with respect to the rate of interest, time of     2,085        

payment or any installment of principal or interest, security or   2,086        

other term of any loan or commitment therefor or agreement of any  2,087        

kind to which the issuer is a party or beneficiary;                2,088        

      (T)  Fix, charge, alter, and collect fees, interest rates,   2,090        

                                                          52     


                                                                 
or other charges on bonds, loans, the allocation of loan funds,    2,091        

purchases of mortgage loans, processing services, or other         2,092        

services;                                                          2,093        

      (U)  Do all other acts necessary or appropriate to carry     2,095        

out the public purposes of Section 13 of Article VIII, Ohio        2,096        

Constitution, and this chapter.                                    2,097        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   2,099        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    2,100        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   2,101        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 991.07.  The Ohio expositions commission may, with the  2,110        

consent and approval of the department of administrative services  2,111        

and the controlling board, acquire by purchase or by               2,112        

appropriation proceedings in the name of and on behalf of the      2,113        

state such real estate as it deems necessary for the purpose of    2,114        

enlarging the present fair site and increasing the facilities of                

the lands under the management or maintenance of the commission.   2,115        

The authority to appropriate property shall be exercised in the    2,116        

manner provided in sections 163.01 to 163.22 of the Revised Code.  2,117        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   2,119        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    2,120        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   2,121        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 1501.01.  Except where otherwise expressly provided,    2,130        

the director of natural resources shall formulate and institute    2,131        

all the policies and programs of the department of natural         2,132        

resources.  The chief of any division of the department shall not  2,133        

enter into any contract, agreement, or understanding unless it is  2,134        

approved by the director.                                          2,135        

      The director shall correlate and coordinate the work and     2,137        

activities of the divisions in his THE department to eliminate     2,138        

unnecessary duplications of effort and overlapping of functions.   2,139        

The chiefs of the various divisions of the department shall meet   2,140        

with the director at least once each month at a time and place     2,141        

                                                          53     


                                                                 
designated by the director.                                        2,142        

      The director may create advisory boards to any of those      2,144        

divisions in conformity with section 121.13 of the Revised Code.   2,145        

      The director may accept and expend gifts, devises, and       2,147        

bequests of money, lands, and other properties on behalf of the    2,148        

department or any division thereof under the terms set forth in    2,149        

section 9.20 of the Revised Code.  Any political subdivision of    2,150        

this state may make contributions to the department for the use    2,151        

of the department or any division therein according to the terms   2,152        

of the contribution.                                               2,153        

      The director may publish and sell or otherwise distribute    2,155        

data, reports, and information.                                    2,156        

      The director shall adopt rules in accordance with Chapter    2,158        

119. of the Revised Code to permit the department to accept by     2,159        

means of a credit card the payment of fees, charges, and rentals   2,160        

at those facilities described in section 1501.07 of the Revised    2,161        

Code that are operated by the department, for any data, reports,   2,162        

or information sold by the department, and for any other goods or  2,163        

services provided by the department.                               2,164        

      Whenever authorized by the governor to do so, the director   2,166        

may appropriate property for the uses and purposes authorized to   2,167        

be performed by the department and on behalf of any division       2,168        

within the department.  This authority shall be exercised in the   2,169        

manner provided in sections 163.01 to 163.22 of the Revised Code   2,170        

for the appropriation of property by the director of               2,171        

administrative services.  This authority to appropriate property   2,172        

is in addition to the authority provided by law for the            2,173        

appropriation of property by divisions of the department.  The     2,174        

director of natural resources also may acquire by purchase,        2,175        

lease, or otherwise such real and personal property rights or      2,176        

privileges in the name of the state as are necessary for the       2,177        

purposes of the department or any division therein.  The           2,178        

director, with the approval of the governor and the attorney       2,179        

general, may sell, lease, or exchange portions of lands or         2,180        

                                                          54     


                                                                 
property, real or personal, of any division of the department or   2,181        

grant easements or licenses for the use thereof, or enter into     2,182        

agreements for the sale of water from lands and waters under the   2,183        

administration or care of the department or any of its divisions,  2,184        

when the sale, lease, exchange, easement, agreement, or license    2,185        

for use is advantageous to the state, provided that such approval  2,186        

is not required for leases and contracts made under sections       2,187        

1501.07, 1501.09, 1507.12, or 1520.03 or Chapter 1523. of the      2,188        

Revised Code.  Water may be sold from a reservoir only to the      2,189        

extent that the reservoir was designed to yield a supply of water  2,190        

for a purpose other than recreation or wildlife, and the water     2,191        

sold is in excess of that needed to maintain the reservoir for     2,192        

purposes of recreation or wildlife.                                2,193        

      Money received from such sales, leases, easements,           2,195        

exchanges, agreements, or licenses for use, except revenues        2,196        

required to be set aside or paid into depositories or trust funds  2,197        

for the payment of bonds issued under sections 1501.12 to 1501.15  2,198        

of the Revised Code, and to maintain the required reserves         2,199        

therefor as provided in the orders authorizing the issuance of     2,200        

such bonds or the trust agreements securing such bonds, revenues   2,201        

required to be paid and credited pursuant to the bond proceeding   2,202        

applicable to obligations issued pursuant to section 154.22, and   2,203        

revenues generated under section 1520.05 of the Revised Code,      2,204        

shall be deposited in the state treasury to the credit of the      2,205        

fund of the division of the department having prior jurisdiction   2,206        

over the lands or property.  If no such fund exists, the money     2,207        

shall be credited to the general revenue fund.  All such money     2,208        

received from lands or properties administered by the division of  2,209        

wildlife shall be credited to the wildlife fund.                   2,210        

      The director shall provide for the custody, safekeeping,     2,212        

and deposit of all moneys, checks, and drafts received by the      2,213        

department or its employees prior to paying them to the treasurer  2,214        

of state under section 113.08 of the Revised Code.                 2,215        

      The director shall cooperate with the nature conservancy,    2,217        

                                                          55     


                                                                 
other nonprofit organizations, and the United States fish and      2,218        

wildlife service in order to secure protection of islands in the   2,219        

Ohio river and the wildlife and wildlife habitat of those          2,220        

islands.                                                           2,221        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   2,223        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    2,224        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   2,225        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 1514.301.  ANY INSTRUMENT BY WHICH REAL PROPERTY IS     2,227        

ACQUIRED PURSUANT TO SECTION 1514.30 OF THE REVISED CODE SHALL     2,228        

IDENTIFY ANY AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF   2,229        

THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED  2,230        

CODE.                                                                           

      Sec. 1515.08.  The supervisors of a soil and water           2,239        

conservation district have the following powers in addition to     2,240        

their other powers:                                                2,241        

      (A)  To conduct surveys, investigations, and research        2,243        

relating to the character of soil erosion, floodwater and          2,244        

sediment damages, and the preventive and control measures and      2,245        

works of improvement for flood prevention and the conservation,    2,246        

development, utilization, and disposal of water needed within the  2,247        

district, and to publish the results of those surveys,             2,248        

investigations, or research, provided that no district shall       2,249        

initiate any research program except in cooperation or after       2,250        

consultation with the Ohio agricultural research and development   2,251        

center;                                                            2,252        

      (B)  To develop plans for the conservation of soil           2,254        

resources, for the control and prevention of soil erosion, and     2,255        

for works of improvement for flood prevention and the              2,256        

conservation, development, utilization, and disposal of water      2,257        

within the district, and to publish those plans and information;   2,258        

      (C)  To implement, construct, repair, maintain, and operate  2,260        

preventive and control measures and other works of improvement     2,261        

for natural resource conservation and development and flood        2,262        

                                                          56     


                                                                 
prevention, and the conservation, development, utilization, and    2,263        

disposal of water within the district on lands owned or            2,264        

controlled by this state or any of its agencies and on any other   2,265        

lands within the district, which works may include any facilities  2,266        

authorized under state or federal programs, and to acquire, by     2,267        

purchase or gift, to hold, encumber, or dispose of, and to lease   2,268        

real and personal property or interests in such property for       2,269        

those purposes;                                                    2,270        

      (D)  To cooperate or enter into agreements with any          2,272        

occupier of lands within the district in the carrying on of        2,273        

natural resource conservation operations and works of improvement  2,274        

for flood prevention and the conservation, development,            2,275        

utilization, and management of natural resources within the        2,276        

district, subject to such conditions as the supervisors consider   2,277        

necessary;                                                         2,278        

      (E)  To accept donations, gifts, grants, and contributions   2,280        

in money, service, materials, or otherwise, and to use or expend   2,281        

them according to their terms;                                     2,282        

      (F)  To adopt, amend, and rescind rules to carry into        2,284        

effect the purposes and powers of the district;                    2,285        

      (G)  To sue and plead in the name of the district, and be    2,287        

sued and impleaded in the name of the district, with respect to    2,288        

its contracts and, as indicated in section 1515.081 of the         2,289        

Revised Code, certain torts of its officers, employees, or agents  2,290        

acting within the scope of their employment or official            2,291        

responsibilities, or with respect to the enforcement of its        2,292        

obligations and covenants made under this chapter;                 2,293        

      (H)  To make and enter into all contracts, leases, and       2,295        

agreements and execute all instruments necessary or incidental to  2,296        

the performance of the duties and the execution of the powers of   2,297        

the district under this chapter, provided that all of the          2,298        

following apply:                                                   2,299        

      (1)  Except as provided in section 307.86 of the Revised     2,301        

Code regarding expenditures by boards of county commissioners,     2,302        

                                                          57     


                                                                 
when the cost under any such contract, lease, or agreement, other  2,304        

than compensation for personal services or rental of office        2,305        

space, involves an expenditure of more than the amount                          

established in that section regarding expenditures by boards of    2,307        

county commissioners, the supervisors shall make a written                      

contract with the lowest and best bidder after advertisement, for  2,309        

not less than two nor more than four consecutive weeks preceding   2,310        

the day of the opening of bids, in a newspaper of general          2,311        

circulation within the district and in such other publications as  2,312        

the supervisors determine.  The notice shall state the general     2,313        

character of the work and materials to be furnished, the place     2,314        

where plans and specifications may be examined, and the time and   2,315        

place of receiving bids.                                           2,316        

      (2)  Each bid for a contract shall contain the full name of  2,318        

every person interested in it;                                     2,319        

      (3)  Each bid for a contract for the construction,           2,321        

demolition, alteration, repair, or reconstruction of an            2,322        

improvement shall meet the requirements of section 153.54 of the   2,323        

Revised Code;                                                      2,324        

      (4)  Each bid for a contract, other than a contract for the  2,326        

construction, demolition, alteration, repair, or reconstruction    2,327        

of an improvement, at the discretion of the supervisors, may be    2,328        

accompanied by a bond or certified check on a solvent bank in an   2,329        

amount not to exceed five per cent of the bid, conditioned that,   2,330        

if the bid is accepted, a contract shall be entered into;          2,331        

      (5)  The supervisors may reject any and all bids.            2,333        

      (I)  To make agreements with the department of natural       2,335        

resources giving it control over lands of the district for the     2,336        

purpose of construction of improvements by the department under    2,337        

section 1501.011 of the Revised Code;                              2,338        

      (J)  To charge, alter, and collect rentals and other         2,340        

charges for the use or services of any works of the district;      2,341        

      (K)  To enter, either in person or by designated             2,343        

representatives, upon lands, private or public, in the necessary   2,344        

                                                          58     


                                                                 
discharge of their duties;                                         2,345        

      (L)  To enter into agreements or contracts with the          2,347        

department for the determination, implementation, inspection, and  2,348        

funding of agricultural pollution abatement and urban sediment     2,349        

pollution abatement measures whereby landowners, operators,        2,350        

managers, and developers may meet adopted state standards for a    2,351        

quality environment, except that failure of a district board of    2,352        

supervisors to negotiate an agreement or contract with the         2,353        

department shall authorize the division of soil and water          2,354        

conservation to implement the required program;                    2,355        

      (M)  To conduct demonstrations and provide information to    2,357        

the public regarding practices and methods for natural resource    2,358        

conservation, development, and utilization;                        2,359        

      (N)  Until June 1, 1996, to conduct surveys and              2,361        

investigations relating to the incidence of the multiflora rose    2,362        

within the district and of the nature and extent of the adverse    2,363        

effects of the multiflora rose on agriculture, forestry,           2,364        

recreation, and other beneficial land uses;                        2,365        

      (O)  Until June 1, 1996, to develop plans for the control    2,367        

of the multiflora rose within the district and to publish those    2,368        

plans and information related to control of the multiflora rose;   2,369        

      (P)  Until June 1, 1996, to enter into contracts or          2,371        

agreements with the chief of the division of soil and water        2,372        

conservation to implement and administer a program for control of  2,373        

the multiflora rose and to receive and expend funds provided by    2,374        

the chief for that purpose;                                        2,375        

      (Q)  Until June 1, 1996, to enter into cost-sharing          2,377        

agreements with landowners for control of the multiflora rose.     2,378        

Before entering into any such agreement, the board of supervisors  2,379        

shall determine that the landowner's application meets the         2,380        

eligibility criteria established under division (E)(6) of section  2,381        

1511.02 of the Revised Code.  The cost-sharing agreements shall    2,382        

contain the contract provisions required by the rules adopted      2,383        

under that division and such other provisions as the board of      2,384        

                                                          59     


                                                                 
supervisors considers appropriate to ensure effective control of   2,385        

the multiflora rose.                                               2,386        

      (R)  To enter into contracts or agreements with the chief    2,388        

to implement and administer a program for urban sediment           2,389        

pollution abatement and to receive and expend moneys provided by   2,390        

the chief for that purpose;                                        2,391        

      (S)  To develop operation and management plans, as defined   2,393        

in section 1511.01 of the Revised Code, as necessary;              2,394        

      (T)  To determine whether operation and management plans     2,396        

developed under division (A) of section 1511.021 of the Revised    2,397        

Code comply with the standards established under division (E)(1)   2,398        

of section 1511.02 of the Revised Code and to approve or           2,399        

disapprove the plans, based on such compliance.  If an operation   2,400        

and management plan is disapproved, the board shall provide a      2,401        

written explanation to the person who submitted the plan.  The     2,402        

person may appeal the plan disapproval to the chief, who shall     2,403        

afford the person a hearing.  Following the hearing, the chief     2,404        

shall uphold the plan disapproval or reverse it.  If the chief     2,405        

reverses the plan disapproval, the plan shall be deemed approved   2,406        

under this division.  In the event that any person operating or    2,407        

owning agricultural land or a concentrated animal feeding          2,408        

operation in accordance with an approved operation and management  2,409        

plan who, in good faith, is following that plan, causes            2,410        

agricultural pollution, the plan shall be revised in a fashion     2,411        

necessary to mitigate the agricultural pollution, as determined    2,412        

and approved by the board of supervisors of the soil and water     2,413        

conservation district.                                             2,414        

      (U)  With regard to composting conducted in conjunction      2,416        

with agricultural operations, to do all of the following:          2,417        

      (1)  Upon request or upon their own initiative, inspect      2,419        

composting at any such operation to determine whether the          2,420        

composting is being conducted in accordance with section 1511.022  2,421        

of the Revised Code;                                               2,422        

      (2)  If the board determines that composting is not being    2,424        

                                                          60     


                                                                 
so conducted, request the chief to issue an order under division   2,425        

(H) of section 1511.02 of the Revised Code requiring the person    2,426        

who is conducting the composting to prepare a composting plan in   2,427        

accordance with rules adopted under division (E)(10)(c) of that    2,428        

section and to operate in accordance with that plan or to operate  2,429        

in accordance with a previously prepared plan, as applicable;      2,430        

      (3)  In accordance with rules adopted under division         2,432        

(E)(10)(c) of section 1511.02 of the Revised Code, review and      2,433        

approve or disapprove any such composting plan.  If a plan is      2,434        

disapproved, the board shall provide a written explanation to the  2,435        

person who submitted the plan.                                     2,436        

      As used in division (U) of this section, "composting" has    2,439        

the same meaning as in section 1511.01 of the Revised Code.                     

      (V)  To do all acts necessary or proper to carry out the     2,441        

powers granted in this chapter.                                    2,442        

      The director of natural resources shall make                 2,444        

recommendations to reduce the adverse environmental effects of     2,445        

each project that a soil and water conservation district plans to  2,446        

undertake under division (A), (B), (C), or (D) of this section     2,447        

and that will be funded in whole or in part by moneys authorized   2,448        

under section 1515.16 of the Revised Code and shall disapprove     2,449        

any such project that the director finds will adversely affect     2,451        

the environment without equal or greater benefit to the public.    2,452        

The director's disapproval or recommendations, upon the request    2,453        

of the district filed in accordance with rules adopted by the      2,454        

Ohio soil and water conservation commission, shall be reviewed by  2,455        

the commission, which may confirm the director's decision, modify  2,456        

it, or add recommendations to or approve a project the director    2,457        

has disapproved.                                                   2,458        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   2,460        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    2,461        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   2,462        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 1517.17.  The chief of the division of natural areas    2,471        

                                                          61     


                                                                 
and preserves may administer federal financial assistance          2,473        

programs for wild, scenic, and recreational river areas.                        

      The director of natural resources may make a lease or        2,475        

agreement with a political subdivision to administer all or part   2,477        

of a wild, scenic, or recreational river area.                                  

      The director may acquire real property or any estate,        2,479        

right, or interest therein for protection and public recreational  2,480        

use as a wild, scenic, or recreational river area.                 2,481        

      The chief may expend funds for the acquisition, protection,  2,483        

construction, maintenance, and administration of real property     2,484        

and public use facilities in wild, scenic, or recreational river   2,485        

areas when the funds are so appropriated by the general assembly.  2,486        

The chief may condition such expenditures, acquisition of land or  2,487        

easements, or construction of facilities within a wild, scenic,    2,488        

or recreational river area upon adoption and enforcement of                     

adequate floodplain zoning rules.                                  2,489        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   2,491        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    2,492        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   2,493        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 1519.02.  The director of natural resources may         2,502        

acquire real property or any estate, right, or interest therein    2,503        

for the purpose of establishing, protecting, and maintaining any   2,504        

state recreational trail.  The director may appropriate real       2,505        

property or any estate, right, or interest therein for trail                    

purposes only along a canal, watercourse, stream, existing or      2,506        

abandoned road, highway, street, logging road, railroad, or ridge  2,507        

or other landform or topographic feature particularly suited for   2,508        

nonmotorized vehicular recreational use, and may not appropriate   2,509        

more than twenty-five acres including land purchased with or       2,510        

without appropriation proceedings along any mile of trail.  Any    2,511        

state department or agency or any political subdivision may        2,512        

transfer real property or any estate, right, or interest therein                

to the director for such purpose, or may enter into an agreement   2,513        

                                                          62     


                                                                 
with the director for the establishment, protection, and           2,514        

maintenance of a trail.  The director may transfer real property   2,515        

or any estate, right, or interest therein to any political         2,516        

subdivision pursuant to an agreement whereby the political                      

subdivision maintains and protects a trail.  The director may      2,517        

enter into agreements with private organizations or with agencies  2,518        

of the United States to provide for maintenance of any trail or    2,519        

section thereof.  He THE DIRECTOR shall provide campsites,         2,521        

shelters, footbridges, water, sanitary, watercraft launching, and               

other facilities for recreational use, nature and historical       2,522        

interpretation, and administration of the state trails system.     2,523        

He THE DIRECTOR may cooperate with the director of highways        2,525        

TRANSPORTATION in providing appropriate means for trails to cross  2,526        

highways.  The director may restore historical sites along a       2,527        

trail.  He THE DIRECTOR shall publish and distribute maps,         2,529        

guides, pamphlets, and other interpretative literature on the      2,530        

state trails system and on individual trails which he THE          2,531        

DIRECTOR considers suitable for extensive public use.              2,532        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   2,534        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    2,535        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   2,536        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 1523.01.  In addition to all other powers granted to    2,545        

and duties devolving upon the chief of the division of water,      2,546        

when in his THE CHIEF'S judgment it is for the public welfare and  2,548        

the best interests of the citizens of the state that the surplus,  2,549        

flood, and other waters of any of the watersheds, rivers,          2,550        

streams, watercourses, or public waters should be conserved,       2,551        

impounded, and stored in order to insure and promote the public    2,552        

health, welfare, and safety and to encourage and promote           2,553        

agriculture, commerce, manufacturing, and other public purposes,   2,554        

such chief shall proceed in furtherance of the purposes of         2,555        

sections 1523.01 to 1523.13 of the Revised Code, and for the       2,556        

preservation of the use of such waters for navigation, in case     2,557        

                                                          63     


                                                                 
such waters are required for navigation, to construct such         2,558        

reservoirs, dams, storage basins, dikes, canals, raceways, and     2,559        

other improvements as are necessary for such purposes, or he THE   2,560        

CHIEF may make additions to, enlarge, and make alterations in and  2,562        

upon such reservoirs, dams, storage basins, dikes, canals,         2,563        

raceways, and other improvements already in existence and          2,564        

constituting a part of the public works, as are necessary for      2,565        

such purposes. Any rights or privileges granted by sections        2,566        

1523.01 to 1523.13 of the Revised Code, shall not interfere with   2,567        

the control and maintenance of the state reservoirs or public      2,568        

parks which have been dedicated to the public for purposes of      2,569        

recreation and pleasure.                                                        

      Said chief, subject to the written approval of the director  2,571        

of natural resources and the governor, may acquire by gift,        2,572        

purchase, or by appropriation proceedings, in the name of and on   2,573        

behalf of the state, such real and personal property, rights,      2,574        

privileges, and appurtenances as are necessary in his THE CHIEF'S  2,576        

judgment for the construction of such reservoirs, dams, storage    2,577        

basins, dikes, canals, raceways, and other improvements, or for    2,578        

the alteration, enlargement, or maintenance of existing            2,579        

reservoirs, dams, and other improvements, together with such       2,580        

rights of way, drives, and roadways as are necessary for           2,581        

convenient access thereto.  The appropriation proceedings          2,582        

referred to in this section shall be restricted to private         2,583        

property only.                                                                  

      Before proceeding to purchase or appropriate any such        2,585        

property or rights, the cost of which, together with the land or   2,586        

real estate necessary upon which to locate and construct such      2,587        

improvements, including damages to remaining property, is in       2,588        

excess of one thousand dollars, the chief shall prepare plans,     2,589        

specifications, and estimates of such cost, including all          2,590        

material and labor therefor, together with the cost of such land   2,591        

or real estate and damages, and shall thereupon submit such        2,592        

plans, specifications, and estimates to the director, who in turn  2,593        

                                                          64     


                                                                 
shall submit them to the governor for approval.                    2,594        

      The governor shall thereupon publish written notice once a   2,596        

week for two consecutive weeks in a newspaper published in and of  2,597        

general circulation in the counties where any such improvements    2,598        

are proposed to be constructed, setting forth the location and     2,599        

character of the proposed improvements, that the plans,            2,600        

specifications, and estimates therefor are on file in his THE      2,601        

GOVERNOR'S office, and that objections thereto will be heard by    2,603        

him THE GOVERNOR on a day to be named in said notice, which day    2,605        

shall be not less than ten nor more than twenty days after the     2,606        

first publication thereof. Within thirty days after the date       2,607        

fixed for said hearing, the governor shall return such plans,      2,608        

specifications, and estimates to the director, with his THE        2,609        

GOVERNOR'S written approval or rejection thereof indorsed          2,610        

thereon.  The director shall immediately return such plans,        2,611        

specifications, and estimates, together with the governor's        2,612        

indorsement thereon, to the chief.                                 2,613        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   2,615        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    2,616        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   2,617        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 1545.12.  If (A)  EXCEPT AS PROVIDED IN DIVISION (B)    2,627        

OF THIS SECTION, IF the board of park commissioners finds that     2,628        

any lands which they have THAT IT HAS acquired are not necessary   2,629        

for the purposes for which they were acquired by such THE board,   2,630        

it may sell and dispose of such THE lands upon such terms as the   2,633        

board deems CONSIDERS advisable.  The board may also MAY lease or  2,635        

permit the use of any lands for purposes not inconsistent with     2,637        

the purposes for which such THE lands were acquired, and upon      2,638        

such terms as the board deems CONSIDERS advisable.  No lands       2,640        

shall be sold PURSUANT TO THIS DIVISION without first giving       2,641        

notice of the board's intention to sell such THE lands by          2,642        

publication once a week for four consecutive weeks in not less     2,644        

than two English newspapers of general circulation in such THE     2,645        

                                                          65     


                                                                 
district.  Such THE notice shall contain an accurate description   2,647        

of the lands in question and shall state the time and place at     2,648        

which sealed bids will be received for the purchase thereof OF     2,649        

THE LANDS, and such THE lands shall not thereafter be sold at      2,651        

private sale for less than the best and highest bid so received    2,652        

without giving further notice as specified in this section         2,653        

DIVISION.                                                                       

      (B)(1)  AFTER COMPLIANCE WITH DIVISION (B)(2) OF THIS        2,655        

SECTION, THE BOARD OF PARK COMMISSIONERS MAY SELL LAND UPON TERMS  2,656        

THE BOARD CONSIDERS ADVISABLE TO ANY PARK DISTRICT ESTABLISHED     2,657        

UNDER SECTION 511.18 OR CHAPTER 1545. OF THE REVISED CODE, ANY     2,658        

POLITICAL SUBDIVISION OF THE STATE, THE STATE OR ANY DEPARTMENT    2,659        

OR AGENCY OF THE STATE, OR ANY DEPARTMENT OR AGENCY OF THE         2,660        

FEDERAL GOVERNMENT FOR CONSERVATION USES OR FOR PARK OR                         

RECREATION PURPOSES WITHOUT THE NECESSITY OF HAVING TO COMPLY      2,661        

WITH DIVISION (A) OF THIS SECTION.                                 2,662        

      (2)  BEFORE THE BOARD OF PARK COMMISSIONERS MAY SELL LAND    2,664        

UNDER DIVISION (B)(1) OF THIS SECTION, THE BOARD SHALL OFFER THE   2,665        

LAND FOR SALE TO EACH OF THE FOLLOWING PUBLIC AGENCIES THAT IS     2,666        

AUTHORIZED TO ACQUIRE, DEVELOP, AND MAINTAIN LAND FOR              2,667        

CONSERVATION USES OR FOR PARK OR RECREATION PURPOSES:  EACH PARK   2,668        

DISTRICT ESTABLISHED UNDER SECTION 511.18 OR CHAPTER 1545. OF THE  2,669        

REVISED CODE OR POLITICAL SUBDIVISION IN WHICH THE LAND IS                      

LOCATED, EACH PARK DISTRICT THAT IS SO ESTABLISHED AND THAT        2,670        

ADJOINS OR EACH POLITICAL SUBDIVISION THAT ADJOINS A PARK          2,671        

DISTRICT SO ESTABLISHED OR POLITICAL SUBDIVISION IN WHICH THE                   

LAND IS LOCATED, AND EACH AGENCY OR DEPARTMENT OF THE STATE OR OF  2,673        

THE FEDERAL GOVERNMENT THAT OPERATES PARKS OR CONSERVATION OR      2,674        

RECREATION AREAS NEAR THE LAND.  THE BOARD SHALL MAKE THE OFFER    2,675        

BY GIVING A WRITTEN NOTICE THAT THE LAND IS AVAILABLE FOR SALE,    2,676        

BY FIRST CLASS MAIL, TO THESE PUBLIC AGENCIES.  A FAILURE OF                    

DELIVERY OF THE WRITTEN NOTICE TO ANY OF THESE PUBLIC AGENCIES     2,677        

DOES NOT INVALIDATE ANY PROCEEDINGS FOR THE SALE OF LAND UNDER     2,678        

THIS DIVISION.  ANY PUBLIC AGENCY THAT IS SO NOTIFIED AND THAT     2,679        

                                                          66     


                                                                 
WISHES TO PURCHASE THE LAND SHALL MAKE AN OFFER TO THE BOARD IN    2,680        

WRITING NOT LATER THAN SIXTY DAYS AFTER RECEIVING THE WRITTEN      2,681        

NOTICE.                                                                         

      IF THERE IS ONLY ONE OFFER TO PURCHASE THE LAND MADE IN      2,683        

THAT SIXTY-DAY PERIOD, THE BOARD NEED NOT HOLD A PUBLIC HEARING    2,684        

ON THE OFFER.  THE BOARD SHALL ACCEPT THE OFFER ONLY IF IT         2,685        

DETERMINES THAT ACCEPTANCE OF THE OFFER WILL RESULT IN THE BEST    2,686        

PUBLIC USE OF THE LAND.                                                         

      IF THERE IS MORE THAN ONE OFFER TO PURCHASE THE LAND MADE    2,688        

IN THAT SIXTY-DAY PERIOD, THE BOARD SHALL NOT ACCEPT ANY OFFER     2,690        

UNTIL THE BOARD HOLDS A PUBLIC HEARING ON THE OFFERS.  IF, AFTER   2,691        

THE HEARING, THE BOARD DECIDES TO ACCEPT AN OFFER, IT SHALL                     

ACCEPT THE OFFER THAT IT DETERMINES WILL RESULT IN THE BEST        2,692        

PUBLIC USE OF THE LAND.                                                         

      (C)  No such lands shall be sold UNDER THIS SECTION at       2,694        

either public or private sale without the approval of the probate  2,696        

court of the county in which such THE lands are situated.          2,697        

      Sec. 1551.12.  The director of development may:              2,706        

      (A)  Seek, solicit, or acquire personal property or any      2,708        

estate, interest, or right in real property, or services, funds,   2,709        

and other things of value of any kind or character by purchase,    2,710        

lease, gift, grant, contribution, exchange, or otherwise from any  2,711        

person or governmental agency to be held, used, and applied in     2,712        

accordance with and for the purposes of this chapter;              2,713        

      (B)  Contract for the operation of, and establish rules for  2,715        

the use of, facilities over which he THE DIRECTOR has supervision  2,717        

or control, which rules may include the limitation of ingress to   2,718        

or egress from such facilities as may be necessary to maintain     2,719        

the security of such facilities and to provide for the safety of   2,720        

those on the premises of such facilities;                          2,721        

      (C)  Purchase such fire and extended coverage insurance and  2,723        

insurance protecting against liability for damage to property or   2,724        

injury to or death of persons as the director may consider         2,725        

necessary and proper under this chapter;                           2,726        

                                                          67     


                                                                 
      (D)  Sponsor, conduct, assist, and encourage conferences,    2,728        

seminars, meetings, institutes, and other forms of meetings;       2,729        

authorize, prepare, publish, and disseminate any form of studies,  2,730        

reports, and other publications; originate, prepare, and assist    2,731        

proposals for the expenditure or granting of funds by any          2,732        

governmental agency or person for purposes of energy resource      2,733        

development; and investigate, initiate, sponsor, participate in,   2,734        

and assist with cooperative activities and programs involving      2,735        

governmental agencies and other entities of other states and       2,736        

jurisdictions;                                                     2,737        

      (E)  Do all acts and things necessary and proper to carry    2,739        

out the powers granted and the duties imposed by this chapter;     2,740        

      (F)  Make grants of funds to any person, organization, or    2,742        

governmental agency of the state for the furnishing of goods or    2,743        

performance of services.                                           2,744        

      Any person or governmental agency that receives funds from   2,746        

the department of development, or utilizes the facilities of the   2,747        

department under this chapter shall agree in writing that all      2,748        

know-how, trade secrets, and other forms of property, rights, and  2,749        

interest arising out of developments, discoveries, or inventions,  2,750        

including patents, copyrights, or royalties thereon, which result  2,751        

in whole or in part from research, studies, or testing conducted   2,752        

by use of such funds or facilities shall be the sole property of   2,753        

the department, except as may be otherwise negotiated and          2,754        

provided by contract in advance of such research, studies, or      2,755        

testing.  However, such exceptions do not apply to the director    2,756        

or employees of the department participating in or performing      2,757        

research, tests, or studies.                                       2,758        

      Rights retained by the department may be assigned,           2,760        

licensed, transferred, sold, or otherwise disposed of, in whole    2,761        

or in part, to any person or governmental agency.  Except as       2,762        

otherwise provided in section 1551.36 of the Revised Code, any     2,763        

and all income, royalties, or proceeds derived or retained from    2,764        

such dispositions shall be paid to the state and credited to the   2,765        

                                                          68     


                                                                 
general revenue fund.                                              2,766        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   2,768        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    2,769        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   2,770        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 3301.481.  ANY INSTRUMENT BY WHICH REAL PROPERTY IS     2,772        

ACQUIRED PURSUANT TO SECTION 3301.48 OF THE REVISED CODE SHALL     2,773        

IDENTIFY ANY AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF   2,774        

THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED  2,775        

CODE.                                                                           

      Sec. 3354.09.  The board of trustees of a community college  2,781        

district may:                                                      2,782        

      (A)  Own and operate a community college, pursuant to an     2,784        

official plan prepared and approved in accordance with section     2,785        

3354.07 of the Revised Code, or enter into a contract with a       2,786        

generally accredited public university or college for operation    2,787        

of such community college by such university or college pursuant   2,788        

to an official plan prepared and approved in accordance with       2,789        

section 3354.07 of the Revised Code;                               2,790        

      (B)  Hold, encumber, control, acquire by donation,           2,792        

purchase, or condemnation, construct, own, lease, use, and sell    2,793        

real and personal property as is necessary for the conduct of the  2,794        

program of the community college on whatever terms and for         2,795        

whatever consideration may be appropriate for the purpose of the   2,796        

college;                                                           2,797        

      (C)  Accept gifts, grants, bequests, and devises absolutely  2,799        

or in trust for support of the college during the existence of     2,800        

the college;                                                       2,801        

      (D)  Appoint the administrative officers, faculty, and       2,803        

staff, necessary and proper for such community college, and fix    2,804        

their compensation except in instances in which the board of       2,805        

trustees has delegated such powers to a college or university      2,806        

operating such community college pursuant to a contract entered    2,807        

into by the board of trustees of the district;                     2,808        

                                                          69     


                                                                 
      (E)  Provide for a community college necessary lands,        2,810        

buildings or other structures, equipment, means, and appliances;   2,811        

      (F)  Develop and adopt, pursuant to the official plan, the   2,813        

curricular programs identified in section 3354.01 of the Revised   2,814        

Code as arts and sciences programs and technical programs, or      2,815        

either.  Such programs may include adult-education programs.       2,816        

      (G)  Except as provided in section 3333.17 of the Revised    2,818        

Code, establish schedules of fees and tuition for students who     2,819        

are residents of the district, residents of Ohio but not of the    2,820        

district, and students who are nonresidents of Ohio.  The          2,821        

establishment of rules governing the determination of residence    2,822        

shall be subject to approval of the Ohio board of regents.         2,823        

Students who are nonresidents of Ohio shall be required to pay     2,824        

higher rates of fees and tuition than the rates required of        2,825        

students who are residents of Ohio but not of the district, and    2,826        

students who are residents of the district shall pay a smaller     2,827        

tuition and fee rate than the rate for either category of          2,828        

nonresident students.                                              2,829        

      (H)  Authorize, approve, ratify, or confirm any agreement    2,831        

relating to any such community college with the United States      2,832        

government, acting through any agency of such government           2,833        

designated or created to aid in the financing of such projects,    2,834        

or with any person or agency offering grants in aid in financing   2,835        

such educational facilities or the operation of such facilities    2,836        

except as prohibited in division (K) of this section.              2,837        

      Such agreement may include a provision for repayment of      2,839        

advances, grants, or loans made to any community college district  2,840        

from funds which may become available to it.                       2,841        

      When the United States government or its agent makes a       2,843        

grant of money to any community college district to aid in paying  2,844        

the cost of any projects of such district, or enters into an       2,845        

agreement with the community college district for the making of    2,846        

any such grant of money, the amount thereof is deemed              2,847        

appropriated for such purpose by the community college district    2,848        

                                                          70     


                                                                 
and is deemed in process of collection within the meaning of       2,849        

section 5705.41 of the Revised Code.                               2,850        

      (I)  Grant appropriate certificates of achievement to        2,852        

students successfully completing the community college programs;   2,853        

      (J)  Prescribe rules for the effective operation of a        2,855        

community college and exercise such other powers as are necessary  2,856        

for the efficient management of such college;                      2,857        

      (K)  Receive and expend gifts or grants from the state for   2,859        

the payment of operating costs, for the acquisition,               2,860        

construction, or improvement of buildings or other structures, or  2,861        

for the acquisition or use of land.  In no event shall state       2,862        

gifts or grants be expended for the support of adult-education     2,863        

programs.  Gifts or grants from the state for operating costs      2,864        

shall not in any biennium exceed the amount recommended by the     2,865        

Ohio board of regents to the governor as provided in Chapter       2,866        

3333. of the Revised Code.  Such gifts or grants shall be          2,867        

distributed to such districts in equal quarter-annual payments,    2,868        

unless otherwise provided or authorized in any act appropriating   2,869        

moneys for such purposes, on or before the last day of February,   2,870        

May, August, and November in each year.                            2,871        

      (L)  Retain consultants in the fields of education,          2,873        

planning, architecture, law, engineering, or other fields of       2,874        

professional skill;                                                2,875        

      (M)  Purchase:                                               2,877        

      (1)  A policy or policies of insurance insuring the          2,879        

district against loss of or damage to property, whether real,      2,880        

personal, or mixed, which is owned by the district or leased by    2,881        

it as lessee or which is in the process of construction by or for  2,882        

the district;                                                      2,883        

      (2)  A policy or policies of fidelity insurance in such      2,885        

amounts and covering such trustees, officers, and employees of     2,886        

the district as it considers necessary or desirable;               2,887        

      (3)  A policy or policies of liability insurance from an     2,889        

insurer or insurers licensed to do business in this state          2,890        

                                                          71     


                                                                 
insuring its members, officers, and employees against all civil    2,891        

liability arising from an act or omission by the member, officer,  2,892        

or employee when the member, officer, or employee is not acting    2,893        

manifestly outside the scope of his employment or official         2,894        

responsibilities with the institution, with malicious purpose or   2,895        

bad faith, or in a wanton or reckless manner, or may otherwise     2,896        

provide for the indemnification of such persons against such       2,897        

liability.  All or any portion of the cost, premium, or charge     2,898        

for such a policy or policies or indemnification payment may be    2,899        

paid from any funds under the institution's control.  The policy   2,900        

or policies of liability insurance or the indemnification policy   2,901        

of the institution may cover any risks including, but not limited  2,902        

to, damages resulting from injury to property or person,           2,903        

professional liability, and other special risks, including legal   2,904        

fees and expenses incurred in the defense or settlement of claims  2,905        

for such damages.                                                  2,906        

      (4)  A policy or policies of insurance insuring the          2,908        

district against any liabilities to which it may be subject on     2,909        

account of damage or injury to persons or property, including      2,910        

liability for wrongful death.                                      2,911        

      (N)  Designate one or more employees of the institution as   2,913        

state university law enforcement officers, to serve and have       2,914        

duties as prescribed in section 3345.04 of the Revised Code.       2,915        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   2,917        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    2,918        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   2,919        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 3354.13.  The ownership of a community college created  2,928        

and established pursuant to provisions of sections 3354.02 and     2,929        

3354.04 of the Revised Code, including all right, title, and       2,930        

interest in and to all property, both real and personal,           2,931        

pertaining thereto, shall be vested in the board of trustees of                 

the community college district in which such college is situated,  2,932        

except as may be provided in a contract entered into under the     2,933        

                                                          72     


                                                                 
authority of division (A) of section 3354.09 of the Revised Code.  2,934        

The board may acquire by appropriation any land, rights, rights    2,935        

of way, franchises, easements, or other property necessary or      2,936        

proper for the construction or the efficient operation of any                   

facility of the community college district, pursuant to the        2,937        

procedure provided in section 5537.06 of the Revised Code, with    2,938        

respect to the Ohio turnpike commission, and insofar as such       2,939        

procedure is applicable.                                                        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   2,941        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    2,942        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   2,943        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 3355.06.  The managing authority of the university      2,952        

branch district shall adopt its own rules governing proceedings,   2,953        

designate the permanent place of business of the district, and     2,954        

keep a record of all its proceedings.  Such record shall be open   2,955        

for public inspection during regular business hours at the         2,956        

permanent place of business of the district.                       2,957        

      The managing authority may:                                  2,959        

      (A)  Enter into a contract for a period of not less than     2,961        

four nor more than ten years with a state or municipal university  2,962        

for the operation of a university branch by such university on     2,963        

the campus provided in accordance with sections 3355.01 to         2,964        

3355.14 of the Revised Code.  Except as provided in section        2,965        

3333.17 of the Revised Code, the contract shall establish          2,966        

schedules of fees and tuition for:  students who are residents of  2,967        

the district; residents of Ohio but not of the district; and       2,968        

students who are nonresidents of Ohio.  Students who are           2,969        

nonresidents of Ohio shall be required to pay higher rates of      2,970        

fees and tuition than the rates required of students who are       2,971        

residents of Ohio but not of the district, and students who are    2,972        

residents of the district shall pay A smaller tuition and fee      2,973        

rate than the rate for either category of nonresident students.    2,974        

      (B)  Hold, encumber, control, acquire by donation,           2,976        

                                                          73     


                                                                 
purchase, or condemnation, construct, own, lease, use, and sell    2,977        

real and personal property as is necessary for the creation and    2,978        

maintenance of the university branch campus, on whatever terms     2,979        

and for whatever consideration may be appropriate for the          2,980        

purposes of the facility;                                          2,981        

      (C)  Accept gifts, grants, bequests, and devises absolutely  2,983        

or in trust for support of the university branch campus during     2,984        

the existence of said branch;                                      2,985        

      (D)  Receive an appropriation from any municipality or       2,987        

county that is a part of the university branch district for the    2,988        

purpose of providing funds for support of the university branch    2,989        

campus;                                                            2,990        

      (E)  Receive and expend gifts or grants from the state for   2,992        

the payment of operating costs, for the acquisition,               2,993        

construction, or improvement of buildings or other structures, or  2,994        

for the acquisition or use of land.;                               2,995        

      (F)  Prescribe rules for the effective operation of a        2,997        

university branch district college and exercise such other powers  2,998        

as are necessary for the efficient management of such university   2,999        

and are not in conflict with any contract entered into under       3,000        

division (A) of this section.                                      3,001        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   3,003        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    3,004        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   3,005        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 3355.10.  The ownership of the university branch        3,014        

campus, created and established pursuant to sections 3355.01 to    3,015        

3355.14 of the Revised Code, including all right, title, and       3,016        

interest in and to all property, both real and personal,           3,017        

pertaining thereto, shall be vested in the managing authority of   3,018        

the university branch district.  The board may acquire by          3,019        

appropriation any land, rights, rights of way, franchises,         3,020        

easements, or other property necessary or proper for the           3,021        

construction or the efficient operation of any facility of the     3,022        

                                                          74     


                                                                 
university branch district, pursuant to section 5537.06 of the     3,023        

Revised Code, with respect to the Ohio turnpike commission, and    3,024        

insofar as such procedure is applicable.                           3,025        

      University branch district bonds, issued pursuant to         3,027        

section 3355.08 of the Revised Code, are lawful investments of     3,028        

banks, savings banks, trust companies, trustees, boards of         3,029        

trustees of sinking funds of municipal corporations, school        3,030        

districts, counties, the administrator of workers' compensation,   3,031        

the state teachers retirement system, the public employees         3,033        

retirement system, and the school employees retirement system,     3,034        

and also are acceptable as security for the deposit of public      3,035        

moneys.                                                                         

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   3,037        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    3,038        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   3,039        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 3357.09.  The board of trustees of a technical college  3,048        

district may:                                                      3,049        

      (A)  Own and operate a technical college, pursuant to an     3,051        

official plan prepared and approved in accordance with section     3,052        

3357.07 of the Revised Code;                                       3,053        

      (B)  Hold, encumber, control, acquire by donation,           3,055        

purchase, or condemnation, construct, own, lease, use, and sell,   3,056        

real and personal property as necessary for the conduct of the     3,057        

program of the technical college on whatever terms and for         3,058        

whatever consideration may be appropriate for the purposes of the  3,059        

institution;                                                       3,060        

      (C)  Accept gifts, grants, bequests, and devises absolutely  3,062        

or in trust for support of the technical college;                  3,063        

      (D)  Appoint the president, faculty, and such other          3,065        

employees as necessary and proper for such technical college, and  3,066        

fix their compensation;                                            3,067        

      (E)  Provide for a technical college necessary lands,        3,069        

buildings or other structures, equipment, means, and appliances;   3,070        

                                                          75     


                                                                 
      (F)  Develop and adopt, pursuant to the official plan, any   3,072        

one or more of the curricular programs identified in section       3,073        

3357.01 of the Revised Code as technical-college programs, or      3,074        

adult-education technical programs;                                3,075        

      (G)  Except as provided in section 3333.17 of the Revised    3,077        

Code, establish schedules of fees and tuition for:  students who   3,078        

are residents of the district; students who are residents of Ohio  3,079        

but not of the district; students who are nonresidents of Ohio.    3,080        

The establishment of rules governing the determination of          3,081        

residence shall be subject to approval of the Ohio board of        3,082        

regents.  Students who are nonresidents of Ohio shall be required  3,083        

to pay higher rates of fees and tuition than the rates required    3,084        

of students who are residents of Ohio but not of the district,     3,085        

and students who are residents of the district shall pay smaller   3,086        

tuition and fee rates than the rates for either of the above       3,087        

categories of nonresident students, except that students who are   3,088        

residents of Ohio but not of the district shall be required to     3,089        

pay higher fees and tuition than students who are residents of     3,090        

the district only when a district tax levy has been adopted and    3,091        

is in effect under the authority of section 3357.11, 5705.19, or   3,092        

5705.191 of the Revised Code.                                      3,093        

      (H)  Authorize, approve, ratify, or confirm, with approval   3,095        

of the Ohio board of regents, any agreement with the United        3,096        

States government, acting through any agency designated to aid in  3,097        

the financing of technical college projects, or with any person,   3,098        

organization, or agency offering grants-in-aid for technical       3,099        

college facilities or operation;                                   3,100        

      (I)  Receive assistance for the cost of equipment and for    3,102        

the operation of such technical colleges from moneys appropriated  3,103        

for technical education or for matching of Title VIII of the       3,104        

"National Defense Education Act," 72 Stat. 1597 (1958), 20         3,105        

U.S.C.A. 15a-15e.  Moneys shall be distributed by the Ohio board   3,106        

of regents in accordance with rules which the board shall          3,107        

establish governing its allocations to technical colleges          3,108        

                                                          76     


                                                                 
chartered under section 3357.07 of the Revised Code.               3,109        

      (J)  Grant appropriate associate degrees to students         3,111        

successfully completing the technical college programs and         3,112        

certificates of achievement to those students who complete other   3,113        

programs;                                                          3,114        

      (K)  Prescribe rules for the effective operation of a        3,116        

technical college, and exercise such other powers as are           3,117        

necessary for the efficient management of such college;            3,118        

      (L)  Enter into contracts and conduct technical college      3,120        

programs or technical courses outside the technical college        3,121        

district;                                                          3,122        

      (M)  Enter into contracts with the board of education of     3,124        

any local, exempted village, or city school district or the        3,126        

governing board of any educational service center to permit the                 

school district or service center to use the facilities of the     3,127        

technical college district;                                        3,128        

      (N)  Designate one or more employees of the institution as   3,130        

state university law enforcement officers, to serve and have       3,131        

duties as prescribed in section 3345.04 of the Revised Code;       3,132        

      (O)  Subject to the approval of the Ohio board of regents,   3,134        

offer technical college programs or technical courses for credit   3,135        

at locations outside the technical college district.  For          3,136        

purposes of computing state aid, students enrolled in such         3,137        

courses shall be deemed to be students enrolled in programs and    3,138        

courses at off-campus locations in the district.                   3,139        

      (P)  Purchase a policy or policies of liability insurance    3,141        

from an insurer or insurers licensed to do business in this state  3,142        

insuring its members, officers, and employees against all civil    3,143        

liability arising from an act or omission by the member, officer,  3,144        

or employee, when the member, officer, or employee is not acting   3,145        

manifestly outside the scope of his THE MEMBER'S, OFFICER'S, OR    3,146        

EMPLOYEE'S employment or official responsibilities with the        3,148        

institution, with malicious purpose or bad faith, or in a wanton   3,149        

or reckless manner, or may otherwise provide for the               3,150        

                                                          77     


                                                                 
indemnification of such persons against such liability.  All or    3,151        

any portion of the cost, premium, or charge for such a policy or   3,152        

policies or indemnification payment may be paid from any funds     3,153        

under the institution's control.  The policy or policies of        3,154        

liability insurance or the indemnification policy of the           3,155        

institution may cover any risks including, but not limited to,     3,156        

damages resulting from injury to property or person, professional  3,157        

liability, and other special risks, including legal fees and       3,158        

expenses incurred in the defense or settlement of claims for such  3,159        

damages.                                                                        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   3,161        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    3,162        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   3,163        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 3357.12.  The ownership of a technical college,         3,172        

created and established pursuant to section 3357.07 of the         3,173        

Revised Code, including all right, title, and interest in and to   3,174        

all property, both real and personal, pertaining thereto, shall    3,175        

be vested in the board of trustees of the technical college                     

district in which such college is situated.  The board may         3,176        

acquire by appropriation any land, rights, rights-of-way,          3,177        

franchises, easements, or other property necessary or proper for   3,178        

the construction or the efficient operation of any facility of     3,179        

the technical college district, pursuant to the procedure                       

provided in section 5537.06 of the Revised Code, with respect to   3,180        

the Ohio turnpike commission, and insofar as such procedure is     3,181        

applicable.                                                                     

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   3,183        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    3,184        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   3,185        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 3358.08.  The board of trustees of a state community    3,194        

college district may:                                              3,195        

      (A)  Own and operate a state community college;              3,197        

                                                          78     


                                                                 
      (B)  Hold, encumber, control, acquire by donation, purchase  3,199        

or condemn, construct, own, lease, use, and sell, real and         3,200        

personal property as necessary for the conduct of the program of   3,201        

the state community college on whatever terms and for whatever     3,202        

consideration may be appropriate for the purpose of the            3,203        

institution;                                                       3,204        

      (C)  Accept gifts, grants, bequests, and devises absolute    3,206        

or in trust for support of the state community college;            3,207        

      (D)  Employ a president, and appoint or approve the          3,209        

appointment of other necessary administrative officers, full-time  3,210        

faculty members, and operating staff.  The board may delegate the  3,211        

appointment of operating staff and part-time faculty members to    3,212        

the college president.  The board shall fix the rate of            3,213        

compensation of the president and all officers and full-time       3,214        

employees as are necessary and proper for state community          3,215        

colleges.                                                          3,216        

      (E)  Provide for the state community college necessary       3,218        

lands, buildings, or other structures, equipment, means, and       3,219        

appliances;                                                        3,220        

      (F)  Establish within the maximum amounts permitted by law,  3,222        

schedules of fees and tuition for students who are Ohio residents  3,223        

and students who are not;                                          3,224        

      (G)  Grant appropriate associate degrees to students         3,226        

successfully completing the state community college's programs,    3,227        

and certificates of achievement to students who complete other     3,228        

programs;                                                          3,229        

      (H)  Prescribe policies for the effective operation of the   3,231        

state community college and exercise such other powers as are      3,232        

necessary for the efficient management of the college;             3,233        

      (I)  Enter into contracts with neighboring colleges and      3,235        

universities for the conduct of state community college programs   3,236        

or technical courses outside the state community college           3,237        

district;                                                          3,238        

      (J)  Purchase:                                               3,240        

                                                          79     


                                                                 
      (1)  A policy or policies of insurance insuring the          3,242        

district against loss or damage to property, whether real,         3,243        

personal, or mixed, which is owned by the district or leased by    3,244        

it as lessee or which is in the process of construction by or for  3,245        

the district;                                                      3,246        

      (2)  A policy or policies of fidelity insurance in such      3,248        

amounts and covering such trustees, officers, and employees of     3,249        

the district as the board may consider necessary or desirable;     3,250        

      (3)  A policy or policies of liability insurance from an     3,252        

insurer or insurers licensed to do business in this state          3,253        

insuring its members, officers, and employees against all civil    3,254        

liability arising from an act or omission by the member, officer,  3,255        

or employee, when the member, officer, or employee is not acting   3,256        

manifestly outside the scope of his employment or official         3,257        

responsibilities with the institution, with malicious purpose or   3,258        

bad faith, or in a wanton or reckless manner, or may otherwise     3,259        

provide for the indemnification of such persons against such       3,260        

liability.  All or any portion of the cost, premium, or charge     3,261        

for such a policy or policies or indemnification payment may be    3,262        

paid from any funds under the institution's control.  The policy   3,263        

or policies of liability insurance or the indemnification policy   3,264        

of the institution may cover any risks including, but not limited  3,265        

to, damages resulting from injury to property or person,           3,266        

professional liability, and other special risks, including legal   3,267        

fees and expenses incurred in the defense or settlement claims of  3,268        

such damages.                                                      3,269        

      (4)  A policy or policies of insurance insuring the          3,271        

district against any liabilities to which it may be subject on     3,272        

account of damage or injury to persons or property, including      3,273        

liability for wrongful death.                                      3,274        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   3,276        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    3,277        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   3,278        

5301.012 OF THE REVISED CODE.                                                   

                                                          80     


                                                                 
      Sec. 3375.40.  Each board of library trustees appointed      3,287        

pursuant to sections 3375.06, 3375.10, 3375.12, 3375.15, 3375.22,  3,288        

and 3375.30 of the Revised Code may:                               3,289        

      (A)  Hold title to and have the custody of all real and      3,291        

personal property of the free public library under its             3,292        

jurisdiction;                                                      3,293        

      (B)  Expend for library purposes, and in the exercise of     3,295        

the power enumerated in this section, all moneys, whether derived  3,296        

from the county library and local government support fund or       3,297        

otherwise, credited to the free public library under its           3,298        

jurisdiction and generally do all things it considers necessary    3,299        

for the establishment, maintenance, and improvement of the public  3,300        

library under its jurisdiction;                                    3,301        

      (C)  Purchase, lease, construct, remodel, renovate, or       3,303        

otherwise improve, equip, and furnish buildings or parts of        3,304        

buildings and other real property, and purchase, lease, or         3,305        

otherwise acquire motor vehicles and other personal property,      3,307        

necessary for the proper maintenance and operation of the free     3,308        

public libraries under its jurisdiction, and pay the costs         3,309        

thereof in installments or otherwise.  Financing of these costs    3,310        

may be provided through the issuance of notes, through an          3,311        

installment sale, or through a lease-purchase agreement.  Any                   

such notes shall be issued pursuant to section 3375.404 of the     3,312        

Revised Code.                                                                   

      (D)  Purchase, lease, lease with an option to purchase, or   3,314        

erect buildings or parts of buildings to be used as main           3,315        

libraries, branch libraries, or library stations pursuant to       3,316        

section 3375.41 of the Revised Code;                               3,317        

      (E)  Establish and maintain a main library, branches,        3,319        

library stations, and traveling library service within the         3,320        

territorial boundaries of the subdivision or district over which   3,321        

it has jurisdiction of free public library service;                3,322        

      (F)  Establish and maintain branches, library stations, and  3,324        

traveling library service in any school district, outside the      3,325        

                                                          81     


                                                                 
territorial boundaries of the subdivision or district over which   3,326        

it has jurisdiction of free public library service, upon           3,327        

application to and approval of the state library board, pursuant   3,328        

to section 3375.05 of the Revised Code; provided the board of      3,329        

trustees of any free public library maintaining branches,          3,330        

stations, or traveling-book service, outside the territorial       3,331        

boundaries of the subdivision or district over which it has        3,332        

jurisdiction of free public library service, on September 4,       3,333        

1947, may continue to maintain and operate such branches,          3,334        

stations, and traveling library service without the approval of    3,335        

the state library board;                                           3,336        

      (G)  Appoint and fix the compensation of all of the          3,338        

employees of the free public library under its jurisdiction; pay   3,339        

the reasonable cost of tuition for any of its employees who        3,340        

enroll in a course of study the board considers essential to the   3,341        

duties of the employee or to the improvement of the employee's     3,342        

performance; and reimburse applicants for employment for any       3,343        

reasonable expenses they incur by appearing for a personal         3,344        

interview;                                                         3,345        

      (H)  Make and publish rules for the proper operation and     3,347        

management of the free public library and facilities under its     3,348        

jurisdiction, including rules pertaining to the provision of       3,349        

library services to individuals, corporations, or institutions     3,350        

that are not inhabitants of the county;                            3,351        

      (I)  Establish and maintain a museum in connection with and  3,353        

as an adjunct to the free public library under its jurisdiction;   3,354        

      (J)  By the adoption of a resolution accept any bequest,     3,356        

gift, or endowment upon the conditions connected with such         3,357        

bequest, gift, or endowment; provided no such bequest, gift, or    3,358        

endowment shall be accepted by such board if the conditions        3,359        

thereof remove any portion of the free public library under its    3,360        

jurisdiction from the control of such board or if such             3,361        

conditions, in any manner, limit the free use of such library or   3,362        

any part thereof by the residents of the counties in which such    3,363        

                                                          82     


                                                                 
library is located;                                                3,364        

      (K)  At the end of any fiscal year by a two-thirds vote of   3,366        

its full membership set aside any unencumbered surplus remaining   3,367        

in the general fund of the library under its jurisdiction for any  3,368        

purpose including creating or increasing a special building and    3,369        

repair fund, or for operating the library or acquiring equipment   3,370        

and supplies;                                                      3,371        

      (L)  Procure and pay all or part of the cost of group life,  3,373        

hospitalization, surgical, major medical, disability benefit,      3,374        

dental care, eye care, hearing aids, or prescription drug          3,375        

insurance, or a combination of any of the foregoing types of       3,376        

insurance or coverage, whether issued by an insurance company or   3,377        

a health insuring corporation duly licensed by the state,          3,379        

covering its employees and in the case of hospitalization,         3,380        

surgical, major medical, dental care, eye care, hearing aids, or   3,381        

prescription drug insurance, also covering the dependents and                   

spouses of such employees, and in the case of disability           3,382        

benefits, also covering spouses of such employees.  With respect   3,383        

to life insurance, coverage for any employee shall not exceed the  3,384        

greater of the sum of ten thousand dollars or the annual salary    3,385        

of the employee, exclusive of any double indemnity clause that is  3,386        

a part of the policy.                                              3,387        

      (M)  Pay reasonable dues and expenses for the free public    3,389        

library and library trustees in library associations.              3,390        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   3,392        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    3,393        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   3,394        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 3375.831.  ANY INSTRUMENT BY WHICH REAL PROPERTY IS     3,396        

ACQUIRED PURSUANT TO SECTION 3375.83 OF THE REVISED CODE SHALL     3,397        

IDENTIFY ANY AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF   3,398        

THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED  3,399        

CODE.                                                                           

      Sec. 3377.04.  The Ohio higher educational facility          3,408        

                                                          83     


                                                                 
commission may:                                                    3,409        

      (A)  Acquire by gift or purchase and hold and mortgage real  3,411        

estate and interests therein and personal property to be used as   3,412        

a project or a part thereof;                                       3,413        

      (B)  Purchase, construct, reconstruct, enlarge, improve,     3,415        

furnish, and equip and lease, sell, exchange, and otherwise        3,416        

dispose of projects or parts thereof for the purposes set forth    3,417        

in division (B) of section 3377.01 of the Revised Code;            3,418        

      (C)  Issue bonds of the state, as provided in Chapter 3377.  3,420        

of the Revised Code, to provide funds for acquiring,               3,421        

constructing, reconstructing, enlarging, remodeling, renovating,   3,422        

improving, furnishing, or equipping one or more projects or parts  3,423        

thereof and to pay project costs;                                  3,424        

      (D)  Enter into contracts and execute all instruments        3,426        

necessary or appropriate to carry out the purposes of Chapter      3,427        

3377. of the Revised Code;                                         3,428        

      (E)  Fix, alter, and collect rentals and other charges for   3,430        

the use and occupancy of a project and lease the project to        3,431        

educational institutions, including a contract with or the         3,432        

granting of an option to the lessee to purchase the project for    3,433        

such price as the commission in its sole discretion determines to  3,434        

be appropriate, after retirement or redemption, or provision       3,435        

therefor, of all the bonds of the issuer issued to provide funds   3,436        

for the project;                                                   3,437        

      (F)  Retain, contract with, or employ and fix the            3,439        

compensation of financial consultants, appraisers, accounting      3,440        

experts, architects, engineers, attorneys at law, and other        3,441        

employees, agents, and independent contractors as are necessary    3,442        

in the judgment of the commission to carry out Chapter 3377. of    3,443        

the Revised Code and collect fees, charges, and accept gifts and   3,444        

appropriations to meet the expenses of employing such persons;     3,445        

      (G)  Pledge, assign, hypothecate, or otherwise encumber as   3,447        

security for the bonds, the rentals, revenues, and other income,   3,448        

charges, and moneys realized from the use, lease, sale, or other   3,449        

                                                          84     


                                                                 
disposition of one or more projects or parts thereof as may be     3,450        

designated in the bond proceedings and enter into trust            3,451        

agreements or indentures of mortgage for the benefit of            3,452        

bondholders;                                                       3,453        

      (H)  Enter into appropriate arrangements with any federal    3,455        

or state department or agency, county, township, municipal         3,456        

corporation, or other political subdivision, taxing district, or   3,457        

public body or agency for the planning and installation of         3,458        

streets, roads, alleys, water supply and distribution facilities,  3,459        

storm and sanitary sewage collection and disposal facilities, and  3,460        

other necessary appurtenances to a project;                        3,461        

      (I)  Purchase fire and extended coverage and liability       3,463        

insurance for a project, insurance protecting the commission and   3,464        

its officers and employees against liability for damage to         3,465        

property or injury to or death of persons arising from the         3,466        

project, and any other insurance that the commission may agree to  3,467        

provide under the bond proceedings or the commission may           3,468        

determine to be necessary in order to protect the commission, its  3,469        

members, officers, and employees;                                  3,470        

      (J)  Sell, lease, release or otherwise dispose of real and   3,472        

personal property or interests therein, or a combination thereof,  3,473        

acquired by the commission under authority of Chapter 3377. of     3,474        

the Revised Code and no longer needed for the purposes of such     3,475        

chapter or of the commission, and grant such easements and other   3,476        

rights in, over, under, or across a project as will not interfere  3,477        

with its use of such property. Such sale, lease, release,          3,478        

disposition, or grant may be made without competitive bidding and  3,479        

in such manner and for such consideration as the commission in     3,480        

its judgment deems appropriate.                                    3,481        

      (K)  Sue and be sued, implead and be impleaded;              3,483        

      (L)  Adopt and use an official seal;                         3,485        

      (M)  Receive and accept from any public agency loans or      3,487        

grants for or in aid of a project or any portion thereof, and      3,488        

receive and accept loans, grants, aid, or contributions from any   3,489        

                                                          85     


                                                                 
source of money, property, labor, or other things of value to be   3,490        

held, used, and applied only for the purposes for which received;  3,491        

      (N)  Do all other acts necessary or appropriate to carry     3,493        

out the purposes of Chapter 3377. of the Revised Code.             3,494        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   3,496        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    3,497        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   3,498        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 3377.14.  The state or any political subdivision,       3,507        

taxing district, or other public body of this state may, without   3,508        

competitive bidding, convey or exchange with the Ohio higher       3,509        

educational facility commission, for use in connection with a      3,510        

project, any or all of its interests in real or personal                        

property, or both, not needed by the grantor.  Any conveyance by   3,511        

the state shall be authorized by the director, board, or           3,512        

commission having control of such property and approved by the     3,513        

general assembly.  The interest in such property to be conveyed    3,514        

shall be appraised at its fair market value and such appraisal     3,515        

value shall be the conveyance price.  The appraised fair market                 

value of any property exchanged under the provisions of this       3,516        

section shall be substantially equal to the aggregate of the       3,517        

appraised fair market value of the property for which it is        3,518        

exchanged and any moneys paid to the grantor in consideration of   3,519        

such exchange.  The political subdivision, taxing district, or     3,520        

other public body shall prescribe the form of its deed, and any                 

deed from the state shall be prepared and recorded as provided in  3,521        

sections 5301.13 to 5301.17, inclusive, of the Revised Code.  Any  3,522        

educational institution which has the qualifications to acquire    3,524        

property under section 3333.08 of the Revised Code may acquire     3,525        

property under such section in order to provide real estate or     3,526        

interests in real estate needed for a project and to make the                   

same available to the commission by conveyance, lease, or          3,527        

otherwise.                                                                      

      ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE STATE  3,529        

                                                          86     


                                                                 
ACQUIRES REAL PROPERTY PURSUANT TO THIS SECTION SHALL IDENTIFY     3,530        

THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE REAL   3,531        

PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED CODE.     3,532        

      Sec. 3706.04.  The Ohio air quality development authority    3,541        

may:                                                               3,542        

      (A)  Adopt bylaws for the regulation of its affairs and the  3,544        

conduct of its business;                                           3,545        

      (B)  Adopt an official seal;                                 3,547        

      (C)  Maintain a principal office and suboffices at such      3,549        

places within the state as it designates;                          3,550        

      (D)  Sue and plead in its own name; be sued and impleaded    3,552        

in its own name with respect to its contracts or torts of its      3,553        

members, employees, or agents acting within the scope of their     3,554        

employment, or to enforce its obligations and covenants made       3,555        

under sections 3706.05, 3706.07, and 3706.12 of the Revised Code.  3,556        

Any such actions against the authority shall be brought in the     3,557        

court of common pleas of the county in which the principal office  3,558        

of the authority is located, or in the court of common pleas of    3,559        

the county in which the cause of action arose, provided such       3,560        

county is located within this state, and all summonses,            3,561        

exceptions, and notices of every kind shall be served on the       3,562        

authority by leaving a copy thereof at the principal office with   3,563        

the person in charge thereof or with the secretary-treasurer of    3,564        

the authority.                                                     3,565        

      (E)  Make loans and grants to governmental agencies for the  3,567        

acquisition or construction of air quality projects by any such    3,568        

governmental agency and adopt rules and procedures for making      3,569        

such loans and grants;                                             3,570        

      (F)  Acquire, construct, reconstruct, enlarge, improve,      3,572        

furnish, equip, maintain, repair, operate, lease or rent to, or    3,573        

contract for operation by, a person or governmental agency, air    3,574        

quality projects, and establish rules for the use of such          3,575        

projects;                                                          3,576        

      (G)  Make available the use or services of any air quality   3,578        

                                                          87     


                                                                 
project to one or more persons, one or more governmental           3,579        

agencies, or any combination thereof;                              3,580        

      (H)  Issue air quality revenue bonds and notes and air       3,582        

quality revenue refunding bonds of the state, payable solely from  3,583        

revenues as provided in section 3706.05 of the Revised Code,       3,584        

unless the bonds be refunded by refunding bonds, for the purpose   3,585        

of paying any part of the cost of one or more air quality          3,586        

projects or parts thereof;                                         3,587        

      (I)  Acquire by gift or purchase, hold, and dispose of real  3,589        

and personal property in the exercise of the powers of the         3,590        

authority and the performance of its duties under this chapter;    3,591        

      (J)  Acquire, in the name of the state, by purchase or       3,593        

otherwise, on such terms and in such manner as the authority       3,594        

finds proper, or by the exercise of the right of condemnation in   3,595        

the manner provided by section 3706.17 of the Revised Code, such   3,596        

public or private lands, including public parks, playgrounds, or   3,597        

reservations, or parts thereof or rights therein, rights-of-way,   3,598        

property, rights, easements, and interests as it finds necessary   3,599        

for carrying out this chapter, but excluding the acquisition by    3,600        

the exercise of the right of condemnation of any air quality       3,601        

facility owned by any person or governmental agency; and           3,602        

compensation shall be paid for public or private lands so taken;   3,603        

      (K)  Make and enter into all contracts and agreements and    3,605        

execute all instruments necessary or incidental to the             3,606        

performance of its duties and the execution of its powers under    3,607        

this chapter.                                                      3,608        

      (1)  When the cost under any such contract or agreement,     3,610        

other than compensation for personal services, involves an         3,611        

expenditure of more than two thousand dollars, the authority       3,612        

shall make a written contract with the lowest responsive and       3,613        

responsible bidder, in accordance with section 9.312 of the        3,614        

Revised Code, after advertisement for not less than two            3,615        

consecutive weeks in a newspaper of general circulation in         3,616        

Franklin county, and in such other publications as the authority   3,617        

                                                          88     


                                                                 
determines, which notice shall state the general character of the  3,618        

work and the general character of the materials to be furnished,   3,619        

the place where plans and specifications therefor may be           3,620        

examined, and the time and place of receiving bids; provided,      3,621        

that a contract or lease for the operation of an air quality       3,622        

project constructed and owned by the authority or an agreement     3,623        

for cooperation in the acquisition or construction of an air       3,624        

quality project pursuant to section 3706.12 of the Revised Code    3,625        

or any contract for the construction of an air quality project     3,626        

that is to be leased by the authority to, and operated by,         3,627        

persons who are not governmental agencies and the cost of such     3,628        

project is to be amortized exclusively from rentals or other       3,629        

charges paid to the authority by persons who are not governmental  3,630        

agencies is not subject to the foregoing requirements and the      3,631        

authority may enter into such contract, lease, or agreement        3,632        

pursuant to negotiation and upon such terms and conditions and     3,633        

for such period as it finds to be reasonable and proper in the     3,634        

circumstances and in the best interests of proper operation or of  3,635        

efficient acquisition or construction of such project.             3,636        

      (2)  Each bid for a contract for the construction,           3,638        

demolition, alteration, repair, or reconstruction of an            3,639        

improvement shall contain the full name of every person            3,640        

interested in it and meet the requirements of section 153.54 of    3,641        

the Revised Code.                                                  3,642        

      (3)  Each bid for a contract except as provided in division  3,644        

(K)(2) of this section shall contain the full name of every        3,645        

person interested in it and shall be accompanied by a sufficient   3,646        

bond or certified check on a solvent bank that if the bid is       3,647        

accepted a contract will be entered into and the performance       3,648        

thereof secured.                                                   3,649        

      (4)  The authority may reject any and all bids.              3,651        

      (5)  A bond with good and sufficient surety, approved by     3,653        

the authority, shall be required of every contractor awarded a     3,654        

contract except as provided in division (K)(2) of this section,    3,655        

                                                          89     


                                                                 
in an amount equal to at least fifty per cent of the contract      3,656        

price, conditioned upon the faithful performance of the contract.  3,657        

      (L)  Employ managers, superintendents, and other employees   3,659        

and retain or contract with consulting engineers, financial        3,660        

consultants, accounting experts, architects, attorneys, and such   3,661        

other consultants and independent contractors as are necessary in  3,662        

its judgment to carry out this chapter, and fix the compensation   3,663        

thereof.  All expenses thereof shall be payable solely from the    3,664        

proceeds of air quality revenue bonds or notes issued under this   3,665        

chapter, from revenues, or from funds appropriated for such        3,666        

purpose by the general assembly.                                   3,667        

      (M)  Receive and accept from any federal agency, subject to  3,669        

the approval of the governor, grants for or in aid of the          3,670        

construction of any air quality project or for research and        3,671        

development with respect to air quality facilities, and receive    3,672        

and accept aid or contributions from any source of money,          3,673        

property, labor, or other things of value, to be held, used, and   3,674        

applied only for the purposes for which such grants and            3,675        

contributions are made;                                            3,676        

      (N)  Engage in research and development with respect to air  3,678        

quality facilities;                                                3,679        

      (O)  Purchase fire and extended coverage and liability       3,681        

insurance for any air quality project and for the principal        3,682        

office and suboffices of the authority, insurance protecting the   3,683        

authority and its officers and employees against liability for     3,684        

damage to property or injury to or death of persons arising from   3,685        

its operations, and any other insurance the authority may agree    3,686        

to provide under any resolution authorizing its air quality        3,687        

revenue bonds or in any trust agreement securing the same;         3,688        

      (P)  Charge, alter, and collect rentals and other charges    3,690        

for the use or services of any air quality project as provided in  3,691        

section 3706.13 of the Revised Code;                               3,692        

      (Q)  Provide coverage for its employees under Chapters       3,694        

145., 4123., and 4141. of the Revised Code;                        3,695        

                                                          90     


                                                                 
      (R)  Do all acts necessary or proper to carry out the        3,697        

powers expressly granted in this chapter.                          3,698        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   3,700        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    3,701        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   3,702        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 3747.06.  (A)  The board of directors of the Ohio       3,712        

low-level radioactive waste facility development authority shall   3,713        

do all of the following:                                                        

      (1)  Adopt bylaws for the regulation of its affairs and the  3,716        

conduct of its business;                                                        

      (2)  Maintain a principal office at a location that it       3,718        

designates in the state;                                           3,719        

      (3)  Employ and fix the compensation of employees,           3,721        

including an executive director who shall serve at the pleasure    3,722        

of the board; in consultation with the executive director,         3,723        

develop an organizational plan for the hiring of additional staff  3,724        

and specify which of those staff shall be in the classified civil  3,725        

service pursuant to Chapter 124. of the Revised Code and which of  3,727        

those staff shall serve at the pleasure of the executive                        

director; and provide coverage for its employees under Chapters    3,729        

4123. and 4141. of the Revised Code.  The board may delegate to    3,730        

the executive director authority to make personnel decisions with  3,731        

respect to employees, subject to applicable law.  The board of     3,732        

directors may lay off employees of the authority that are in the   3,733        

classified service pursuant to Chapter 124. of the Revised Code                 

as may be appropriate or delegate that decision to the executive   3,734        

director.                                                                       

      (4)  Utilize the expertise of other state agencies and       3,736        

departments to the fullest extent possible.  The agencies and      3,737        

departments shall be paid for the cost of providing services to    3,738        

the board.                                                         3,739        

      (5)  Provide for the establishment of a statewide public     3,741        

information and involvement program and of a public document       3,742        

                                                          91     


                                                                 
repository in Columbus and in each community in which a site       3,743        

undergoing site characterization is located, provided that after   3,745        

a site is licensed as a facility and the license is finally        3,747        

determined to be valid, a public document repository shall no      3,749        

longer be required in the other communities that underwent         3,750        

characterization.  A copy of all records of the board, including   3,751        

the minutes of the board, and of the contractor relating to the                 

screening, siting, design, construction, operation, institutional  3,753        

control, and long-term care of the facility shall be kept          3,754        

permanently by the board and the contractor, respectively.         3,755        

      (6)  Not later than eighteen months after September 8,       3,758        

1995, select a private entity as a contractor to begin             3,759        

development, as defined in section 3747.01 of the Revised Code,    3,762        

of a facility.  Not later than thirty months after September 8,    3,763        

1995, the board shall select one or more private entities as a     3,764        

contractor or contractors to complete development of and operate   3,765        

a facility, except that the board may choose not to select one or  3,766        

more private entities as a contractor to complete development of   3,767        

and operate a facility if the low-level radioactive waste          3,768        

commission has not complied with any request made under division   3,769        

(B)(6) of this section.  Notwithstanding sections 153.50, 153.51,  3,771        

and 153.52 of the Revised Code, the board may award a single       3,773        

contract for the development, construction, and operation of a     3,774        

facility.                                                                       

      (7)  Approve, approve with modifications requested by the    3,777        

board, or disapprove the design of the facility and any                         

subsequent revisions to it that are proposed by the contractor.    3,779        

If the board disapproves the design or revisions, it shall         3,780        

provide reasons for the disapproval and require the contractor to  3,781        

submit a new design or revisions.                                               

      (8)  Not later than twenty-four months after September 8,    3,784        

1995, approve, approve with modifications requested by the board,  3,786        

or disapprove and, when approved, implement a statewide screening  3,787        

process, prepared by the contractor selected under division        3,788        

                                                          92     


                                                                 
(A)(6) of this section with the assistance of the board and its    3,789        

employees, through which the exclusionary siting criteria          3,790        

established in section 3747.12 of the Revised Code and further     3,791        

specified in rules adopted under division (A)(3) of section        3,792        

3747.07 of the Revised Code and the preference siting criteria     3,793        

established in section 3747.12 of the Revised Code and further                  

specified in rules adopted under division (A)(3) of section        3,794        

3747.07 of the Revised Code shall be applied.  If the board        3,796        

disapproves the screening process, it shall provide reasons for    3,797        

the disapproval and require the contractor to submit a new         3,798        

screening process.                                                              

      (9)  Approve, approve with modifications requested by the    3,801        

board, or disapprove the geologic and hydrogeologic database and   3,802        

other appropriate databases to be used by the contractor for       3,803        

application of the siting criteria.  If the board disapproves a    3,804        

database, it shall provide reasons for the disapproval and         3,805        

require the contractor to submit a new database.                   3,806        

      (10)  Establish a program to offer research grants to state  3,809        

universities and colleges as defined in division (A)(1) of         3,810        

section 3345.12 of the Revised Code and nonprofit institutions of  3,812        

higher education holding a certificate of authorization from the   3,813        

Ohio board of regents under Chapter 1713. of the Revised Code for  3,816        

the study and development of technology for the reduction,                      

management, treatment, disposal, and monitoring of low-level       3,818        

radioactive waste.  Until moneys are collected through the fee     3,819        

system established in rules adopted under division (B) of section  3,820        

3747.07 of the Revised Code, the total amount of moneys available  3,821        

annually for grants shall not exceed five per cent of the board's  3,822        

annual budget.  When moneys are collected through that fee                      

system, the total amount of moneys available annually for grants   3,823        

shall not exceed one per cent of the moneys collected during the   3,824        

preceding fiscal year through the fee system.  The grants shall    3,825        

be awarded in accordance with rules adopted under division (B)(8)  3,827        

of section 3747.07 of the Revised Code.                            3,828        

                                                          93     


                                                                 
      (11)  Not more than forty-two months after September 8,      3,831        

1995, approve for site characterization at least three             3,833        

potentially suitable disposal sites from among the sites                        

recommended by the contractor, provided that each state that is a  3,835        

member of the midwest interstate compact on low-level radioactive  3,836        

waste entered into under section 3747.01 of the Revised Code has   3,837        

enacted, and the United States congress has consented to, the      3,838        

amendments to the compact made by this act SUBSTITUTE SENATE BILL  3,839        

NO. 19 OF THE 121st GENERAL ASSEMBLY;                              3,840        

      (12)  Not more than fifty-seven months after September 8,    3,842        

1995, from among the characterized sites, select the disposal      3,845        

site to be submitted for licensure as the facility under Chapter   3,846        

3748. of the Revised Code, provided that the midwest interstate    3,847        

low-level radioactive waste commission created in Article III(A)   3,848        

of the midwest interstate compact on low-level radioactive waste   3,849        

entered into under section 3747.01 of the Revised Code has         3,850        

selected and notified the next host state under the compact;       3,852        

      (13)  Acquire real property in fee simple on behalf of the   3,854        

state for the purpose of operating the facility, including real    3,855        

property to be used as an ecological monitoring zone in            3,856        

accordance with section 3747.14 of the Revised Code.  For the      3,857        

purposes of division (A)(13) of this section, the board may        3,859        

appropriate real property in accordance with Chapter 163. of the   3,860        

Revised Code.                                                                   

      (14)  Establish quality assurance and quality control        3,862        

programs for all phases of development, siting, construction,      3,863        

operation, closure, institutional control, and long-term care of   3,864        

the facility;                                                      3,865        

      (15)  Approve, approve with modifications requested by the   3,868        

board, or disapprove and, if approved, supervise activities                     

within the ecological monitoring zone;                             3,869        

      (16)  Approve or disapprove petitions submitted by           3,871        

communities that wish to be identified as affected communities;    3,872        

      (17)  Approve, approve with modifications requested by the   3,875        

                                                          94     


                                                                 
board, or disapprove community compensation and benefits                        

agreements as negotiated with the host community and any affected  3,876        

community or communities by the staff of the board.  If the board  3,877        

disapproves the community compensation agreement negotiated with   3,878        

the host community, it shall provide reasons for the disapproval   3,879        

and require the staff to renegotiate the agreement.                3,880        

      (18)  In consultation with the director of health,           3,882        

establish epidemiological health studies if requested by the       3,884        

legislative authority of the host community;                                    

      (19)  Approve, approve with modifications requested by the   3,887        

board, or disapprove methods proposed by the contractor to                      

provide institutional control and long-term care of the facility   3,888        

for a minimum of five hundred years.  If the board disapproves     3,889        

the methods, it shall provide reasons for the disapproval and      3,890        

require the contractor to submit new institutional control and     3,891        

long-term care methods.                                            3,892        

      (20)  Pursuant to division (A)(3) of section 3748.09 of the  3,895        

Revised Code, advise the department of health on the hiring of an  3,896        

independent person to examine the license review process for the   3,897        

facility;                                                                       

      (21)  Approve, approve with modifications requested by the   3,900        

board, or disapprove the form of the waste acceptance agreement    3,901        

prepared by the contractor under division (A) of section 3747.17   3,902        

of the Revised Code.  If the board disapproves the form, it shall  3,903        

provide reasons for the disapproval and require the contractor to  3,904        

submit a new form.                                                              

      (22)  Enter into agreements with agencies of other party     3,906        

states to the midwest interstate compact on low-level radioactive  3,907        

waste for the purpose of verifying information in the waste        3,908        

minimization reports required under section 3747.17 of the         3,909        

Revised Code;                                                                   

      (23)  Ensure that sufficient resources are allocated for     3,911        

both of the following:                                             3,912        

      (a)  Institutional control through the fee system            3,915        

                                                          95     


                                                                 
established in rules adopted under division (B) of section         3,916        

3747.07 of the Revised Code pursuant to Article VI(J) of the       3,917        

midwest interstate compact on low-level radioactive waste          3,918        

established under section 3747.01 of the Revised Code;             3,919        

      (b)  Long-term care for a minimum of five hundred years      3,922        

through the long-term care fund established pursuant to Article    3,923        

VI(O) of the compact.                                                           

      (24)  Approve, approve with modifications requested by the   3,925        

board, or disapprove termination of the long-term care of the      3,926        

facility, and provide reasons for that decision;                   3,927        

      (25)  In the event of a failure of a facility that results   3,929        

in a release of radioactivity in excess of prescribed limits,      3,930        

approve, approve with modifications requested by the board, or     3,931        

disapprove a program to correct the failure and contain and        3,932        

remediate any contamination caused by the release.                 3,933        

      (B)  The board may do any of the following:                  3,935        

      (1)  Make and enter into all contracts and agreements        3,937        

necessary or incidental to the performance of its duties and the   3,938        

execution of its powers under this chapter.  If the board enters   3,940        

into more than one contract for the purpose of executing the       3,941        

duties of a contractor specified in this chapter or Chapter 3748.  3,942        

of the Revised Code or rules adopted under either chapter, the     3,944        

specific duties so established apply to the appropriate            3,946        

contractor.  Any other requirement established under this chapter  3,947        

or Chapter 3748. of the Revised Code or rules adopted under        3,949        

either chapter regarding a contractor applies to any contractor    3,950        

with whom the board proposes to enter or has entered into a                     

contract, except that the board may establish different            3,951        

requirements under those rules for contractors that execute        3,952        

separate duties.                                                                

      (2)  Sue and be sued in the name of the authority and plead  3,955        

and be impleaded, provided that any actions against the authority  3,956        

shall be brought in the court of common pleas of the county in     3,957        

which the office of the board is located or in the court of        3,958        

                                                          96     


                                                                 
common pleas of the county in which the cause of action arose if   3,959        

that county is in the state.  All summonses, exceptions, and       3,960        

notices of every kind shall be served on the authority by leaving  3,961        

a copy thereof at the principal office of the board with the                    

executive director.                                                3,962        

      (3)  Establish a peer review committee to review, analyze,   3,964        

and make recommendations regarding the screening and siting        3,965        

process established in rules adopted under division (A)(3) of      3,966        

section 3747.07 of the Revised Code and the design and             3,967        

construction of the facility.  Such a committee shall consist of   3,968        

not less than two nor more than three persons representing each    3,969        

of the professional fields described in division (B) of section    3,971        

3747.05 of the Revised Code.  Each member of the committee shall   3,973        

be a resident of this state and shall have recognized ability,     3,974        

credentials, and experience in the member's professional field of  3,975        

expertise.  If the board establishes such a committee, it shall    3,976        

do so no later than twelve months after September 8, 1995, and     3,978        

shall disband it when the facility begins operating.               3,979        

      (4)  Periodically review compensation of board members and   3,981        

make recommendations to the general assembly regarding any needed  3,982        

changes in compensation of board members;                          3,983        

      (5)  Perform all other acts necessary or proper to carry     3,985        

out the powers expressly granted in this chapter;                  3,986        

      (6)  Not later than January 1, 1998, request the midwest     3,989        

interstate low-level radioactive waste commission created in       3,990        

Article III of the midwest interstate low-level radioactive waste  3,991        

compact entered into under section 3747.01 of the Revised Code to  3,994        

locate its principal office at a location of the commission's                   

choosing within this state.                                        3,995        

      (C)  ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED       3,997        

PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE    3,999        

THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN  4,000        

SECTION 5301.012 OF THE REVISED CODE.                                           

      Sec. 3747.14.  (A)  The board of directors of the Ohio       4,010        

                                                          97     


                                                                 
low-level radioactive waste facility development authority shall   4,011        

designate and maintain an ecological monitoring zone surrounding   4,012        

and contiguous with the disposal site selected under division      4,013        

(A)(12) of section 3747.06 and section 3747.11 of the Revised      4,014        

Code.  The board, on behalf of the state, shall acquire real       4,015        

property to be used as the zone as provided in division (A)(13)    4,016        

of section 3747.06 of the Revised Code.                            4,017        

      The size and shape of the zone shall be based on the unique  4,020        

topography and geology of the disposal site and shall be designed  4,021        

to provide a logical unit of space.  Except as provided in                      

division (A)(17) of section 3747.12 of the Revised Code, the       4,022        

exclusionary siting criteria established under that section and    4,023        

further specified in rules adopted under division (A)(3) of        4,025        

section 3747.07 of the Revised Code do not apply to the            4,026        

ecological monitoring zone.  However, the zone may be located in   4,027        

an area identified under division (A)(3) of section 3747.12 of     4,028        

the Revised Code only if the authority is awarded control by the   4,029        

federal government or the state, as appropriate, over the portion  4,030        

of the area in which the zone will be located.                     4,031        

      (B)  The ecological monitoring zone shall remain             4,033        

uninhabited and shall provide opportunities for comprehensive      4,034        

monitoring around the disposal site by agencies of the state,      4,035        

other public entities, individuals, and organizations whose        4,036        

projects are approved by the board in accordance with rules        4,037        

adopted under division (A)(11) of section 3747.07 of the Revised   4,039        

Code.  The board shall approve and supervise all activities that   4,040        

are conducted within the zone.                                                  

      (C)  ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED       4,042        

PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE    4,044        

THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN  4,045        

SECTION 5301.012 OF THE REVISED CODE.                                           

      Sec. 3793.031.  The director of alcohol and drug addiction   4,054        

services may acquire by purchase, lease, or otherwise such real    4,055        

and personal property rights in the name of the state as are       4,056        

                                                          98     


                                                                 
necessary for the purposes of the department.  The director, with  4,057        

the approval of the governor and the attorney general, may sell,   4,058        

lease, or exchange portions of real and personal property of the   4,059        

department when the sale, lease, or exchange is advantageous to                 

the state.  Money received from such sales, leases, or exchanges   4,060        

shall be credited to the general revenue fund.                     4,061        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   4,063        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    4,064        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   4,065        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 4582.06.  A port authority created in accordance with   4,074        

section 4582.02 of the Revised Code may:                           4,075        

      (A)  Purchase, construct, reconstruct, enlarge, improve,     4,077        

equip, develop, sell, exchange, lease, convey other interests in,  4,078        

and operate port authority facilities, and make charges for the    4,079        

use thereof, which shall be not less than the charges established  4,080        

for the same services furnished by a public utility or common      4,081        

carrier in the particular port authority jurisdiction;             4,082        

      (B)  Straighten, deepen, and improve any canal, channel,     4,084        

river, stream, or other water course or way which may be           4,085        

necessary or proper in the development of the facilities of such   4,086        

port;                                                              4,087        

      (C)  Acquire, own, hold, sell, lease, or operate real or     4,089        

personal property for the authorized purposes of the port          4,090        

authority;                                                         4,091        

      (D)  Issue bonds or notes for the acquisition or             4,093        

construction of any permanent improvement which a port authority   4,094        

is authorized to acquire or construct, in compliance with Chapter  4,095        

133. of the Revised Code, except that such bonds or notes may      4,096        

only be issued pursuant to a vote of the electors residing within  4,097        

the territory of the port authority.  The net indebtedness         4,098        

incurred by a port authority shall never exceed two per cent of    4,099        

the total value of all property within the territory comprising    4,100        

such authority as listed and assessed for taxation.                4,101        

                                                          99     


                                                                 
      (E)  By resolution of its board of directors, issue revenue  4,103        

bonds beyond the limit of bonded indebtedness provided by law,     4,104        

for the purpose of acquiring, constructing, or developing any      4,105        

port authority facility, other than a residential facility,        4,106        

including all costs in connection with or incidental to such       4,107        

acquisition, construction, or development.  Pursuant to Section    4,108        

13 of Article VIII, Ohio Constitution, and in order to create or   4,109        

preserve jobs and employment opportunities and improve the         4,110        

economic welfare, the port authority may loan moneys for or        4,111        

acquire, construct, reconstruct, develop, enlarge, improve,        4,112        

furnish, equip, sell, exchange, lease, convey other interests in,  4,113        

or lease with a contract or option to purchase, at such amount as  4,114        

the board of directors in its sole discretion may determine, real  4,115        

property, machinery, equipment, plants, factories, offices, and    4,116        

other structures and facilities for industry, commerce,            4,117        

distribution, and research, provided that when the costs thereof   4,118        

are to be paid by the port authority, the acquisition,             4,119        

construction, reconstruction, development, enlargement,            4,120        

improvement, and equipment of such property, plants, factories,    4,121        

offices, and other structures and facilities shall only be         4,122        

financed from the proceeds of revenue bonds issued under           4,123        

authority of this division or in a manner consistent with Section  4,124        

13 of Article VIII, Ohio Constitution.                             4,125        

      The port authority may construct, reconstruct, equip, or     4,127        

operate any facilities which it is authorized to acquire,          4,128        

purchase, or lease.  Any sale, lease, lease with option to         4,129        

purchase, conveyance of other interests in, or contract for        4,130        

acquiring, constructing, reconstructing, operating, developing,    4,131        

enlarging, improving, or equipping any real property, plant,       4,132        

factory, office, or other structure or facility for industry,      4,133        

commerce, distribution, recreation, and research shall be made in  4,134        

such manner as is determined by the board of directors and shall   4,135        

not be subject to the provisions of section 4582.12 of the         4,136        

Revised Code.  The revenue bonds of the port authority shall be    4,137        

                                                          100    


                                                                 
secured only by a pledge of and a lien on the revenues of the      4,138        

port authority derived from loan payments, rentals, fees,          4,139        

charges, or other revenues from any improvements and facilities    4,140        

as are designated in the resolution, including but not limited to  4,141        

the improvements and facilities to be financed from or             4,142        

constructed, developed, or acquired with the proceeds of the bond  4,143        

issue, after provision only for the reasonable cost of operating,  4,144        

maintaining, and repairing the improvements and facilities of the  4,145        

port authority so designated.  The bonds may further be secured    4,146        

by the covenant of the port authority to maintain such rates or    4,147        

charges as will produce revenues sufficient to meet costs of       4,148        

operating, maintaining, and repairing such improvements and        4,149        

facilities and to meet the interest and principal requirements of  4,150        

such bonds and to establish and maintain reserves for the          4,151        

foregoing purposes.  The board of directors may, by resolution,    4,152        

provide for the issuance of additional revenue bonds from time to  4,153        

time, such bonds to be secured equally and ratably, without        4,154        

preference, priority, or distinction, with outstanding revenue     4,155        

bonds, but subject to the terms and limitations of any trust       4,156        

agreement described in this section, and of any resolution         4,157        

authorizing bonds then outstanding.  The board of directors may    4,158        

by resolution designate additional improvements and facilities of  4,159        

the port authority, the revenues of which shall be pledged and be  4,160        

subject to a lien for service of the principal and interest        4,161        

requirements of revenue bonds theretofore authorized by            4,162        

resolution of the board of directors, to the same extent as the    4,163        

revenues above described.                                          4,164        

      In the discretion of the board of directors of the port      4,166        

authority, the revenue bonds of the port authority may be secured  4,167        

by a trust agreement between the board of directors on behalf of   4,168        

the port authority and a corporate trustee, which trustee may be   4,169        

any trust company or bank having powers of a trust company,        4,170        

within or without the state.                                       4,171        

      The trust agreement may provide for the pledge or            4,173        

                                                          101    


                                                                 
assignment of the revenues to be received, but shall not pledge    4,174        

the general credit and taxing power of the port authority.  A      4,175        

trust agreement securing revenue bonds issued to acquire,          4,176        

construct, reconstruct, develop, enlarge, improve, or equip real   4,177        

property, plants, factories, offices, and other structures and     4,178        

facilities for industry, commerce, distribution, and research,     4,179        

may mortgage the real or personal property, or both, to be         4,180        

acquired, constructed, reconstructed, developed, enlarged, or      4,181        

improved from the proceeds of such revenue bonds, as further       4,182        

security for such bonds.  The trust agreement or the resolution    4,183        

providing for the issuance of revenue bonds may set forth the      4,184        

rights and remedies of the bondholders and trustee, and may        4,185        

contain such other provisions for protecting and enforcing their   4,186        

rights and remedies as are in the discretion of the board of       4,187        

directors reasonable and proper.  Such agreement or resolution     4,188        

may provide for the custody, investment, and disbursement of all   4,189        

moneys derived from the sale of such bonds, or from the revenues   4,190        

of the port authority, other than those moneys received from       4,191        

taxes levied pursuant to section 4582.14 of the Revised Code, and  4,192        

may provide for the deposit of such funds without regard to        4,193        

section 4582.15 of the Revised Code.                               4,194        

      The revenue bonds shall bear interest at such rate or rates  4,196        

and shall mature within forty years following the date of          4,197        

issuance and in such amount, at such times, and in such number of  4,198        

installments, as may be provided in the resolution authorizing     4,199        

their issuance.  Such resolution shall also provide for the        4,200        

execution and sealing of the bonds and the use of facsimile        4,201        

signatures and facsimile of the seal, the manner of sale of the    4,202        

bonds, and such other terms and conditions relative to the         4,203        

issuance, sale, and retirement of said bonds as the board of       4,204        

directors in their discretion believe reasonable and proper.       4,205        

      Whenever a port authority considers it expedient, it may     4,207        

issue renewal notes and refund any bonds, whether the bonds to be  4,208        

refunded have or have not matured.  The refunding bonds shall be   4,209        

                                                          102    


                                                                 
sold and the proceeds applied to the purchase, redemption, or      4,210        

payment of the bonds to be refunded.  The bonds and notes issued   4,211        

under this chapter, their transfer, and the income therefrom,      4,212        

shall at all times be free from taxation within the state.         4,213        

      (F)  Apply to the proper authorities of the United States    4,215        

pursuant to appropriate law for the right to establish, operate,   4,216        

and maintain foreign trade zones and to establish, operate, and    4,217        

maintain such foreign trade zones; and purchase, lease, or         4,218        

acquire land or property therefor, in a manner consistent with     4,219        

section 4582.17 of the Revised Code;                               4,220        

      (G)  Exercise the right of eminent domain to appropriate     4,222        

any land, rights, rights-of-way, franchises, easements, or other   4,223        

property, necessary or proper for the construction or the          4,224        

efficient operation of any facility of the port authority and      4,225        

included in its official plan, pursuant to the procedure provided  4,226        

in sections 163.01 to 163.22 of the Revised Code, if funds equal   4,227        

to the appraised value of the property to be acquired as the       4,228        

result of such proceedings, are on hand and available for such     4,229        

purposes, except that:                                             4,230        

      (1)  Nothing NOTHING contained in sections 4582.01 to        4,232        

4582.20 of the Revised Code, shall authorize a port authority to   4,233        

take or disturb property or facilities belonging to any public     4,234        

corporation, public utility, or common carrier, which property or  4,235        

facilities are necessary and convenient in the operation of such   4,236        

public corporation, public utility, or common carrier, unless      4,237        

provision is made for the restoration, relocating, or duplication  4,238        

of such property or facilities, or upon the election of such       4,239        

public corporation, public utility, or common carrier, for the     4,240        

payment of compensation, if any, at the sole cost of the port      4,241        

authority, provided that:                                          4,242        

      (a)(1)  If any restoration or duplication proposed to be     4,244        

made pursuant to this section involves a relocation of such        4,245        

property or facilities, the new facilities and location shall be   4,246        

of at least comparable utilitarian value and effectiveness, and    4,247        

                                                          103    


                                                                 
such relocation shall not impair the ability of the public         4,248        

utility or common carrier to compete in its original area of       4,249        

operation.                                                                      

      (b)(2)  If any restoration or duplication made pursuant to   4,251        

this section involves a relocation of such property or             4,252        

facilities, the port authority shall acquire no interest or right  4,253        

in or to the appropriated property or facilities, except as        4,254        

provided in division (J) of this section, until the relocated      4,255        

property or facilities are available for use and until marketable  4,256        

title thereto has been transferred to the public utility or        4,257        

common carrier.                                                    4,258        

      (c)(3)  Provisions for restoration or duplication shall be   4,260        

described in detail in the resolution for appropriation passed by  4,261        

the port authority.                                                4,262        

      (H)  Enjoy and possess the same rights, privileges, and      4,264        

powers granted municipal corporations under sections 721.04 to     4,265        

721.11 of the Revised Code;                                        4,266        

      (I)  Maintain such funds as it considers necessary;          4,268        

      (J)  Direct its agents or employees, when properly           4,270        

identified in writing, and after at least five days' written       4,271        

notice, to enter upon lands within the confines of its             4,272        

jurisdiction in order to make surveys and examinations             4,273        

preliminary to location and construction of works for the          4,274        

purposes of the port authority, without liability of the port      4,275        

authority or its agents or employees except for actual damage      4,276        

done;                                                              4,277        

      (K)  Sell, lease, or convey other interests in real and      4,279        

personal property and grant easements or rights-of-way over        4,280        

property of the port authority.  The board of directors of the     4,281        

port authority shall specify the consideration and any terms       4,282        

thereof for such sale, lease, or conveyance of other interests in  4,283        

real and personal property.  Any determinations made by the board  4,284        

of directors under this division shall be conclusive.  Such sale,  4,285        

lease, or conveyance may be made without advertising and the       4,286        

                                                          104    


                                                                 
receipt of bids.                                                   4,287        

      (L)  Promote, advertise, and publicize the port authority    4,289        

facilities and its authorized purposes, provide information to     4,290        

persons with an interest in transportation and other port          4,291        

authority activities, and appear before rate-making authorities    4,292        

to represent and promote the interests of the port authority and   4,293        

its authorized purposes;                                           4,294        

      (M)  Adopt rules, not in conflict with general law,          4,296        

governing the use of its property, grounds, buildings, equipment,  4,297        

and facilities, and governing the conduct of its employees and     4,298        

the public, in order to promote the public safety and convenience  4,299        

in and about its terminals and grounds, and to maintain order.     4,300        

Any such regulation shall be posted at a prominent place in each   4,301        

of the buildings, terminals, or facilities to which it applies.    4,302        

No person shall violate any lawful regulation adopted and posted   4,303        

as provided in this division.                                      4,304        

      (N)  Do all acts necessary or appropriate to carry out its   4,306        

authorized purposes.  The port authority shall have the powers     4,307        

and rights granted to other subdivisions under section 9.20 of     4,308        

the Revised Code.                                                  4,309        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   4,311        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    4,312        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   4,313        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 4582.31.  A port authority created in accordance with   4,322        

section 4582.22 of the Revised Code may:                           4,323        

      (A)  Adopt bylaws for the regulation of its affairs and the  4,325        

conduct of its business;                                           4,326        

      (B)  Adopt an official seal;                                 4,328        

      (C)  Maintain a principal office within its jurisdiction,    4,330        

and maintain such branch offices as it may require;                4,331        

      (D)  Acquire, purchase, construct, reconstruct, enlarge,     4,333        

furnish, equip, maintain, repair, sell, exchange, lease or rent    4,334        

to, lease or rent from, or operate port authority facilities;      4,335        

                                                          105    


                                                                 
      (E)  Straighten, deepen, and improve any channel, river,     4,337        

stream, or other water course or way which may be necessary or     4,338        

proper in the development of the facilities of a water port;       4,339        

      (F)  Make available the use or services of any port          4,341        

authority facility to one or more persons, one or more             4,342        

governmental agencies, or any combination thereof;                 4,343        

      (G)  Issue bonds or notes for the acquisition or             4,345        

construction of any port authority facility or other permanent     4,346        

improvement which a port authority is authorized to acquire or     4,347        

construct, in compliance with Chapter 133. of the Revised Code,    4,348        

except that such bonds or notes may only be issued pursuant to a   4,349        

vote of the electors residing within the area of jurisdiction of   4,350        

the port authority.  The net indebtedness incurred by a port       4,351        

authority shall never exceed two per cent of the total value of    4,352        

all property within the territory comprising such port authority   4,353        

as listed and assessed for taxation.                               4,354        

      (H)  Issue port authority revenue bonds beyond the limit of  4,356        

bonded indebtedness provided by law, payable solely from revenues  4,357        

as provided in section 4582.48 of the Revised Code, unless the     4,358        

bonds be refunded by refunding bonds, for the purpose of           4,359        

providing funds to pay the costs of any port authority facility    4,360        

or facilities or parts thereof, pursuant to Section 13 of Article  4,361        

VIII, Ohio Constitution, and in order to create or preserve jobs   4,362        

and employment opportunities and improve the economic welfare of   4,363        

the people of the state;                                           4,364        

      (I)  Apply to the proper authorities of the United States    4,366        

pursuant to appropriate law for the right to establish, operate,   4,367        

and maintain foreign trade zones and establish, operate, and       4,368        

maintain such foreign trade zones in accordance with the "Foreign  4,369        

Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to 81u;       4,371        

      (J)  Enjoy and possess the same rights, privileges, and      4,373        

powers granted municipal corporations under sections 721.04 to     4,374        

721.11 of the Revised Code;                                        4,375        

      (K)  Maintain such funds as it considers necessary;          4,377        

                                                          106    


                                                                 
      (L)  Direct its agents or employees, when properly           4,379        

identified in writing, and after at least five days' written       4,380        

notice, to enter upon lands within the confines of its             4,381        

jurisdiction in order to make surveys and examinations             4,382        

preliminary to location and construction of works for the          4,383        

purposes of the port authority, without liability of the port      4,384        

authority or its agents or employees except for actual damage      4,385        

done;                                                              4,386        

      (M)  Promote, advertise, and publicize the port authority    4,388        

and its facilities; provide information to shippers and other      4,389        

commercial interests; and appear before rate-making authorities    4,390        

to represent and promote the interests of the port authority;      4,391        

      (N)  Adopt rules, not in conflict with general law,          4,393        

governing the use of its property, grounds, buildings, equipment,  4,394        

and facilities, and governing the conduct of its employees and     4,395        

the public, in order to promote the public safety and convenience  4,396        

in and about its facilities and grounds, and to maintain order.    4,397        

Any such rule shall be posted at a prominent place in each of the  4,398        

facilities to which it applies.  No person shall violate any       4,399        

lawful rule adopted and posted as provided in this division.       4,400        

      (O)  Acquire by gift or purchase, hold, lease, and dispose   4,402        

of real and personal property and interests therein in the         4,403        

exercise of the powers of the port authority and the performance   4,404        

of its duties under sections 4582.21 to 4582.59 of the Revised     4,405        

Code;                                                              4,406        

      (P)  Acquire, in the name of the port authority, by          4,408        

purchase or otherwise, on such terms and in such manner as the     4,409        

port authority finds proper, or by the exercise of the right of    4,410        

condemnation in the manner provided by section 4582.56 of the      4,411        

Revised Code, such public or private lands, including public       4,412        

parks, playgrounds, or reservations, or parts thereof or rights    4,413        

therein, rights-of-way, property, rights, easements, and           4,414        

interests as it finds necessary for carrying out sections 4582.21  4,415        

to 4582.59 of the Revised Code, and compensation shall be paid     4,416        

                                                          107    


                                                                 
for public or private lands so taken;                              4,417        

      (Q)  Make and enter into all contracts and agreements and    4,419        

execute all instruments necessary or incidental to the             4,420        

performance of its duties and the execution of its powers under    4,421        

sections 4582.21 to 4582.59 of the Revised Code.                   4,422        

      (1)  When the cost under any such contract or agreement,     4,424        

other than compensation for personal services, involves an         4,425        

expenditure of more than ten thousand dollars, the port authority  4,426        

shall make a written contract with the lowest responsive and       4,427        

responsible bidder, in accordance with section 9.312 of the        4,428        

Revised Code, after advertisement once a week for not less than    4,429        

two consecutive weeks in a newspaper of general circulation in     4,430        

the county where the facility is located, and in such other        4,431        

publications as the port authority determines, which notice shall  4,432        

state the general character of the work and the general character  4,433        

of the materials to be furnished, the place where plans and        4,434        

specifications therefor may be examined, and the time and place    4,435        

of receiving bids; provided, that a contract or lease for the      4,436        

operation of a port authority facility constructed and owned by    4,437        

the port authority or an agreement for cooperation in the          4,438        

acquisition or construction of a port authority facility pursuant  4,439        

to section 4582.43 of the Revised Code or any contract for the     4,440        

construction of a port authority facility that is to be leased by  4,441        

the port authority to, and operated by, persons who are not        4,442        

governmental agencies and the cost of such facility is to be       4,443        

amortized exclusively from rentals or other charges paid to the    4,444        

port authority by persons who are not governmental agencies is     4,445        

not subject to the foregoing requirements and the port authority   4,446        

may enter into such contract, lease, or agreement pursuant to      4,447        

negotiation and upon such terms and conditions and for such        4,448        

period as it finds to be reasonable and proper in the              4,449        

circumstances and in the best interests of proper operation or of  4,450        

efficient acquisition or construction of such facility.            4,451        

      (2)  Each bid shall contain the full name of every person    4,453        

                                                          108    


                                                                 
interested in it and shall be accompanied by a sufficient bond or  4,454        

certified check on a solvent bank that if the bid is accepted a    4,455        

contract will be entered into and the performance thereof          4,456        

secured.                                                           4,457        

      (3)  The port authority may reject any and all bids.         4,459        

      (4)  A bond with good and sufficient surety, approved by     4,461        

the port authority, shall be required of all contractors in an     4,462        

amount equal to at least fifty per cent of the contract price,     4,463        

conditioned upon the faithful performance of the contract.         4,464        

      (R)  Employ managers, superintendents, and other employees   4,466        

and retain or contract with consulting engineers, financial        4,467        

consultants, accounting experts, architects, attorneys, and such   4,468        

other consultants and independent contractors as are necessary in  4,469        

its judgment to carry out this chapter, and fix the compensation   4,470        

thereof.  All expenses thereof shall be payable from any           4,471        

available funds of the port authority or from funds appropriated   4,472        

for such purpose by a political subdivision creating or            4,473        

participating in the creation of the port authority.               4,474        

      (S)  Receive and accept from any federal agency grants for   4,476        

or in aid of the construction of any port authority facility or    4,477        

for research and development with respect to port authority        4,478        

facilities, and receive and accept aid or contributions from any   4,479        

source of money, property, labor, or other things of value, to be  4,480        

held, used, and applied only for the purposes for which such       4,481        

grants and contributions are made;                                 4,482        

      (T)  Engage in research and development with respect to      4,484        

port authority facilities;                                         4,485        

      (U)  Purchase fire and extended coverage and liability       4,487        

insurance for any port authority facility and for the principal    4,488        

office and branch offices of the port authority, insurance         4,489        

protecting the port authority and its officers and employees       4,490        

against liability for damage to property or injury to or death of  4,491        

persons arising from its operations, and any other insurance the   4,492        

port authority may agree to provide under any resolution           4,493        

                                                          109    


                                                                 
authorizing its port authority revenue bonds or in any trust       4,494        

agreement securing the same;                                       4,495        

      (V)  Charge, alter, and collect rentals and other charges    4,497        

for the use or services of any port authority facility as          4,498        

provided in section 4582.43 of the Revised Code;                   4,499        

      (W)  Provide coverage for its employees under Chapters       4,501        

145., 4123., and 4141. of the Revised Code;                        4,502        

      (X)  Do all acts necessary or proper to carry out the        4,504        

powers expressly granted in sections 4582.21 to 4582.59 of the     4,505        

Revised Code.                                                      4,506        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   4,508        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    4,509        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   4,510        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 4981.14.  (A)  The Ohio rail development commission     4,519        

may exercise all powers necessary or appropriate to carry out its  4,520        

corporate purposes.                                                4,521        

      (B)  The commission may do all of the following:             4,523        

      (1)  Adopt, and from time to time, ratify, amend, and        4,525        

repeal bylaws necessary and proper for the regulation of its       4,526        

affairs and the conduct of its business and rules to implement     4,527        

and make effective its powers and duties;                          4,528        

      (2)  Adopt an official seal;                                 4,530        

      (3)  Maintain a principal office in Columbus and, if         4,532        

necessary, regional sub-offices at locations properly designated   4,533        

or provided;                                                       4,534        

      (4)  Sue and be sued in its own name and plead and be        4,536        

impleaded in its own name, particularly to enforce the             4,537        

obligations and covenants made under sections 4981.13, 4981.14,    4,538        

and4981.29 AND 4981.29 of the Revised Code.  Any actions against   4,540        

the commission shall be brought in the court of common pleas in    4,541        

Franklin county, in which the principal office of the commission   4,542        

shall be located.                                                               

      (5)  Undertake or cause to be undertaken the acquisition,    4,544        

                                                          110    


                                                                 
renovation, repair, refunding, operation, maintenance, or          4,545        

construction of any rail service project;                          4,546        

      (6)  Establish and operate a revolving loan fund for the     4,548        

purpose of making loans to qualifying subdivisions, local or       4,549        

regional transportation authorities, or other persons for the      4,550        

acquisition, renovation, repair, refunding, or construction of     4,551        

rail service projects by such qualifying subdivisions, local or    4,553        

regional transportation authorities, and private corporations or                

organizations, and the repayment thereof from project financing    4,554        

proceeds and revenues; purchase the obligations of counties and    4,555        

municipal corporations issued for the acquisition, renovation,     4,557        

repair, or construction of rail service projects by such           4,558        

qualifying subdivisions and local or regional transportation       4,559        

authorities; and adopt rules and procedures for making those       4,560        

loans or purchasing those obligations;                                          

      (7)  Issue bonds and notes and refunding obligations of the  4,562        

state, payable as provided in this chapter unless the bonds are    4,563        

refunded by refunding bonds, for the purpose of borrowing money    4,564        

to implement any power granted by divisions (B)(5) and (6) of      4,565        

this section for one or more rail service projects or parts        4,567        

thereof;                                                                        

      (8)  Acquire by gift or purchase, hold, or dispose of real   4,569        

and personal property in the exercise of its powers and            4,570        

performance of its duties as set forth in this chapter;            4,571        

      (9)  Make and enter into all contracts and agreements and    4,573        

execute all instruments necessary or incidental to the             4,574        

performance of its duties and the execution of its powers and to   4,575        

employ natural persons to act on behalf of the commission, and to  4,576        

establish the terms and conditions of such employment;             4,577        

      (10)  Receive and accept from any federal agency or other    4,579        

person, subject to the approval of the governor, grants for or in  4,580        

aid of the construction, repair, renovation, operation,            4,581        

maintenance, or acquisition of rail service projects, and receive  4,582        

and accept aid or contributions from any source of money,          4,583        

                                                          111    


                                                                 
property, labor, or other things of value, to be held, used, and   4,584        

applied only for the purposes for which the grants and             4,585        

contributions are made;                                                         

      (11)  Purchase property coverage and liability insurance     4,587        

for any rail service project and for any offices of the            4,588        

commission, insurance protecting the commission and its officers   4,589        

and employees against liability, if any, or damage to property or  4,590        

injury to or death of persons arising from its operations, and     4,591        

any other insurance the commission may agree to provide under any  4,592        

resolution authorizing the issuance of bonds in accordance with    4,593        

sections 4981.11 to 4981.26 of the Revised Code, or in any trust   4,594        

agreement securing the same;                                       4,595        

      (12)  Establish or increase reserves from moneys received    4,597        

or to be received by the commission to secure or pay the           4,598        

principal of and interest on bonds, notes, or other obligations    4,599        

issued by the commission pursuant to this chapter or other law.    4,600        

Moneys, funds, and accounts of the commission, however, are        4,601        

subject only to audit by the auditor of state and all moneys,      4,602        

funds, and accounts shall be held in custody or deposited as       4,603        

directed by resolution of the commission and unless otherwise      4,604        

provided by law all moneys of the commission not pledged to the    4,605        

holders of bonds of the commission shall be appropriated by the    4,606        

general assembly.                                                               

      (13)  Receive and disburse the proceeds of general           4,608        

obligation or other bonds of the state or agencies thereof as may  4,609        

be allowed by law pursuant to any resolution or act of the         4,610        

general assembly;                                                  4,611        

      (14)  To the extent permitted under its contracts with the   4,613        

holders of bonds or notes of the commission, consent to            4,614        

modification of the rate of interest, time and payment of          4,615        

installment of principal or interest, security, or any other term  4,616        

of a bond, contract, or agreement of any kind to which the         4,617        

commission is a party;                                             4,618        

      (15)  Make grants to counties or municipal corporations,     4,620        

                                                          112    


                                                                 
qualifying subdivisions, local or regional transportation          4,621        

authorities, or other persons for one or more rail service         4,623        

projects of parts thereof;                                                      

      (16)  Provide consultation services to any qualifying        4,625        

subdivision, local or regional transportation authority, or other  4,626        

person in connection with the acquisition, renovation, repair, or  4,627        

construction of any rail service project;                          4,628        

      (17)  Establish and amend the criteria and qualifications    4,630        

for the making of any loan to or the purchasing of any bond from   4,631        

any qualifying subdivision, local or regional transportation       4,632        

authority, or other person and the terms not inconsistent with     4,633        

this chapter of any loan or bond purchase agreement with any       4,634        

qualifying subdivision, local or regional transportation           4,635        

authority, or other person;                                        4,636        

      (18)  Do all acts necessary and proper to carry out the      4,638        

powers expressly granted to the commission in this chapter.        4,639        

      (C)  ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED       4,641        

PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE    4,643        

THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN  4,644        

SECTION 5301.012 OF THE REVISED CODE.                                           

      Sec. 4981.32.  (A)  A franchise agreement shall authorize    4,653        

the franchisee to do all of the following:                         4,654        

      (1)  Acquire and dispose of real and personal property and   4,656        

request the Ohio rail development commission to appropriate real   4,657        

property for sale to the franchisee in accordance with division    4,658        

(A)(5) of section 4981.29 of the Revised Code;                     4,659        

      (2)  Plan, design, finance, construct, reconstruct,          4,661        

improve, operate, and maintain its portion of the rail system and  4,662        

any ancillary system facilities;                                   4,663        

      (3)  Set and charge rates and fares for the use of its       4,665        

portion of the rail system, and retain all revenues in excess of   4,666        

debt service and operating expenses up to an agreed return on      4,667        

investment;                                                        4,668        

      (4)  Subject to applicable permit requirements, construct    4,670        

                                                          113    


                                                                 
and operate the rail system over or under canals, navigable        4,671        

watercourses, and existing transportation and public utility       4,672        

rights-of-way;                                                     4,673        

      (5)  Classify users according to reasonable categories for   4,675        

the assessment of fares, including peak and off-peak time          4,676        

periods;                                                           4,677        

      (6)  Make and enforce reasonable regulations regarding       4,679        

usage and safety of that portion of the rail system comprising     4,680        

its franchise;                                                     4,681        

      (7)  Engage in any other business in addition to that of     4,683        

operator of its portion of the rail system, including the          4,684        

purchase and sale of real estate and ownership and operation of    4,685        

ancillary system facilities;                                       4,686        

      (8)  Establish and fund accounts, including reasonable       4,688        

reserves for contingencies, maintenance, and replacement, in       4,689        

order to ensure the availability of funds to meet future           4,690        

obligations of the franchisee;                                     4,691        

      (9)  Take all other actions it determines necessary and      4,693        

appropriate in the operation of the franchise, so long as those    4,694        

actions comply with the franchise agreement and with applicable    4,695        

state and federal statutes, rules, and regulations.                4,696        

      (B)  The franchisee shall do all of the following:           4,698        

      (1)  Use best efforts to arrange financing for the           4,700        

construction and operation of that portion of the rail system      4,701        

that comprises its franchise, and pledge assets and revenue as     4,702        

may be necessary to secure repayment of obligations;               4,703        

      (2)  Maintain and file with the commission a schedule of     4,705        

rates and fares, and file and maintain a statement that those      4,706        

rates and fares apply uniformly to all users of the rail system    4,707        

within reasonable categories;                                      4,708        

      (3)  Construct, maintain, and insure the rail system in      4,710        

accordance with standards agreed with the commission, and permit   4,711        

access for inspection by the commission.  Construction may be      4,712        

performed in stages pursuant to a schedule or program approved by  4,713        

                                                          114    


                                                                 
the commission.                                                    4,714        

      (4)  Enlarge or expand its portion of the rail system from   4,716        

time to time, as reflected in initial plans for the franchise and  4,717        

as appropriate to meet market requirements;                        4,718        

      (5)  Operate the rail system in accordance with applicable   4,720        

legal requirements and any additional reasonable operating and     4,721        

safety standards the commission approves, or as otherwise may be   4,722        

required by applicable state or federal requirements;              4,723        

      (6)  Contract with state, county, or municipal law           4,725        

enforcement agencies, or enter into other arrangements acceptable  4,726        

to the commission, to provide law enforcement on and around the    4,727        

franchisee's portion of the rail system.                           4,728        

      (C)  ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED       4,730        

PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE    4,732        

THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN  4,733        

SECTION 5301.012 OF THE REVISED CODE.                                           

      Sec. 5119.37.  When it is necessary for a state institution  4,742        

under the jurisdiction of the department of mental health to       4,743        

acquire any real estate, right of way, or easement in real estate  4,744        

in order to accomplish the purposes for which it was organized or  4,745        

is being conducted, and the department is unable to agree with     4,746        

the owner of such property upon the price to be paid therefor,                  

such property may be appropriated in the manner provided for the   4,747        

appropriation of property for other state purposes.                4,748        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   4,750        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    4,751        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   4,752        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 5120.46.  When it is necessary for a state              4,761        

correctional institution to acquire any real estate,               4,762        

right-of-way, or easement in real estate in order to accomplish    4,763        

the purposes for which it was organized or is being conducted,                  

and the department of rehabilitation and correction is unable to   4,764        

agree with the owner of the property upon the price to be paid     4,765        

                                                          115    


                                                                 
therefor, the property may be appropriated in the manner provided  4,766        

for the appropriation of property for other state purposes.        4,767        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   4,769        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    4,770        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   4,771        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 5123.22.  When it is necessary for an institution       4,780        

under the jurisdiction of the department of mental retardation     4,781        

and developmental disabilities to acquire any real estate,         4,782        

right-of-way, or easement in real estate in order to accomplish    4,783        

the purposes for which it was organized or is being conducted,                  

and the department is unable to agree with the owner of such       4,784        

property upon the price to be paid therefor, such property may be  4,785        

appropriated in the manner provided for the appropriation of       4,786        

property for other state purposes.                                 4,787        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   4,789        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    4,790        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   4,791        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 5301.012.  (A)  AS USED IN THIS SECTION, "AGENCY"       4,794        

MEANS EVERY ORGANIZED BODY, OFFICE, OR AGENCY ESTABLISHED BY THE   4,795        

LAWS OF THE STATE FOR THE EXERCISE OF ANY FUNCTION OF STATE        4,796        

GOVERNMENT.                                                                     

      (B)  ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE   4,799        

STATE ACQUIRES AN INTEREST IN REAL PROPERTY, INCLUDING ANY DEED,   4,800        

TRANSFER, GRANT, RESERVATION, AGREEMENT CREATING AN EASEMENT, OR                

LEASE, SHALL IDENTIFY THE AGENCY FOR WHOSE USE AND BENEFIT THE     4,802        

INTEREST IN THE REAL PROPERTY IS ACQUIRED.                                      

      (C)(1)  IF THE INSTRUMENT CONVEYS LESS THAN A FEE SIMPLE     4,804        

INTEREST IN REAL PROPERTY AND IF THE AGENCY HAS AUTHORITY TO HOLD  4,807        

AN INTEREST IN PROPERTY IN ITS OWN NAME, THE INSTRUMENT SHALL      4,808        

STATE THAT THE INTEREST IN THE REAL PROPERTY IS CONVEYED "TO       4,809        

.......... (THE NAME OF THE AGENCY)."  OTHERWISE, THE INSTRUMENT   4,810        

SHALL STATE THAT THE INTEREST IN THE REAL PROPERTY IS CONVEYED     4,811        

                                                          116    


                                                                 
"TO THE STATE OF OHIO FOR THE USE AND BENEFIT OF .......... (NAME  4,812        

OF AGENCY)."                                                       4,813        

      (2)  IF THE INSTRUMENT CONVEYS A FEE SIMPLE INTEREST IN      4,815        

REAL PROPERTY AND IF THE AGENCY HAS AUTHORITY TO HOLD A FEE        4,817        

SIMPLE INTEREST IN REAL PROPERTY IN ITS OWN NAME, THE INSTRUMENT   4,818        

SHALL STATE THAT THE INTEREST IN THE REAL PROPERTY IS CONVEYED     4,820        

"TO THE .......... (NAME OF AGENCY) AND ITS SUCCESSORS AND         4,821        

ASSIGNS."  OTHERWISE, THE INSTRUMENT THAT CONVEYS A FEE SIMPLE     4,822        

INTEREST IN THE REAL PROPERTY SHALL STATE "TO THE STATE OF OHIO    4,823        

AND ITS SUCCESSORS AND ASSIGNS FOR THE USE AND BENEFIT OF          4,824        

.......... (NAME OF AGENCY)."                                                   

      (D)  THE PURPOSE OF SPECIFYING THE NAME OF THE AGENCY IN     4,826        

THE INSTRUMENT IS TO IDENTIFY THE AGENCY THAT HAS THE USE AND      4,827        

BENEFIT OF THE REAL PROPERTY.  THE IDENTIFICATION OF THE AGENCY    4,828        

PURSUANT TO THIS SECTION DOES NOT CONFER ON THAT AGENCY ANY        4,829        

ADDITIONAL PROPERTY RIGHTS IN REGARD TO THE REAL PROPERTY.         4,830        

      Sec. 5501.32.  The director of transportation may purchase   4,839        

property in fee simple in the name of the state by warranty deed,  4,840        

and all or any part of a tract of land when the acquisition of a   4,841        

part of the land needed for highway purposes will result in        4,842        

substantial damages to the residue by severance, controlled        4,843        

access, or isolation.  The warranty deed shall contain a           4,844        

description of the property suitable for platting on tax maps.     4,845        

ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO      4,846        

THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE   4,847        

USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION       4,848        

5301.012 OF THE REVISED CODE.                                                   

      The director, in the name of the state, may sell all the     4,850        

right, title, and interest of the state in any part of land not    4,851        

required for highway purposes, provided the director shall have    4,852        

the parcel of land appraised by a department prequalified          4,853        

appraiser.                                                         4,854        

      Except as otherwise provided in this section, the director   4,856        

shall advertise the sale of land not required for highway          4,858        

                                                          117    


                                                                 
purposes in a newspaper of general circulation in the county in    4,859        

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       4,861        

public auction to the highest bidder for not less than two-thirds  4,862        

of its appraised value, but the director may reject all bids that  4,863        

are less than the full appraised value of the land.                4,865        

      If, however, land not required for highway purposes is       4,867        

appraised as having a current fair market value of five thousand   4,869        

dollars or less, the director may sell the land to the sole        4,870        

abutting owner through a private sale at a price not less than     4,871        

its appraised value.  If there is more than one abutting owner,    4,872        

the director may invite all of the abutting owners to submit       4,873        

sealed bids and may sell the land to the highest bidder at not     4,874        

less than its appraised value.                                                  

      All expense incurred in the sale of each parcel of land      4,876        

shall be paid out of the proceeds of the sale and the balance      4,877        

shall be deposited in the highway fund from which the purchase     4,878        

was made.                                                          4,879        

      The deed to the purchaser of land under this section shall   4,882        

be prepared by the auditor of state, executed by the governor,                  

countersigned by the secretary of state, and shall bear the great  4,884        

seal of the state.                                                              

      Sec. 5503.02.  (A)  The state highway patrol shall enforce   4,894        

the laws of the state relating to the titling, registration, and   4,895        

licensing of motor vehicles; enforce on all roads and highways,    4,896        

notwithstanding section 4513.39 of the Revised Code, the laws      4,897        

relating to the operation and use of vehicles on the highways;     4,898        

enforce and prevent the violation of the laws relating to the      4,899        

size, weight, and speed of commercial motor vehicles and all laws  4,900        

designed for the protection of the highway pavements and           4,901        

structures on the highways; investigate and enforce rules and      4,902        

laws of the public utilities commission governing the              4,903        

transportation of persons and property by motor carriers and       4,904        

report violations of such rules and laws to the commission;        4,905        

                                                          118    


                                                                 
enforce against any motor transportation company as defined in     4,906        

section 4921.02 of the Revised Code, any contract carrier by       4,907        

motor vehicle as defined in section 4923.02 of the Revised Code,   4,908        

any private motor carrier as defined in section 4923.20 of the     4,909        

Revised Code, and any motor carrier as defined in section 4919.75  4,910        

of the Revised Code those rules and laws that, if violated, may    4,911        

result in a forfeiture as provided in section 4905.83, 4919.99,    4,912        

4921.99, or 4923.99 of the Revised Code; investigate and report    4,914        

violations of all laws relating to the collection of excise taxes  4,915        

on motor vehicle fuels; and regulate the movement of traffic on    4,916        

the roads and highways of the state, notwithstanding section       4,917        

4513.39 of the Revised Code.                                       4,918        

      The patrol, whenever possible, shall determine the identity  4,920        

of the persons who are causing or who are responsible for the      4,921        

breaking, damaging, or destruction of any improved surfaced        4,922        

roadway, structure, sign, marker, guardrail, or other              4,923        

appurtenance constructed or maintained by the department of        4,924        

transportation and shall arrest the persons who are responsible    4,925        

for the breaking, damaging, or destruction and bring them before   4,926        

the proper officials for prosecution.                              4,927        

      State highway patrol troopers shall investigate and report   4,929        

all motor vehicle accidents on all roads and highways outside of   4,930        

municipal corporations.  The superintendent of the patrol or any   4,931        

state highway patrol trooper may arrest, without a warrant, any    4,932        

person, who is the driver of or a passenger in any vehicle         4,933        

operated or standing on a state highway, whom the superintendent   4,934        

or trooper has reasonable cause to believe is guilty of a felony,  4,936        

under the same circumstances and with the same power that any      4,937        

peace officer may make such an arrest.                             4,938        

      The superintendent or any state highway patrol trooper may   4,940        

enforce the criminal laws on all state properties and state        4,941        

institutions, owned or leased by the state, and, when so ordered   4,942        

by the governor in the event of riot, civil disorder, or           4,943        

insurrection, may, pursuant to sections 2935.03 to 2935.05 of the  4,944        

                                                          119    


                                                                 
Revised Code, arrest offenders against the criminal laws wherever  4,945        

they may be found within the state if the violations occurred      4,946        

upon, or resulted in injury to person or property on, state        4,947        

properties or state institutions, or under the conditions          4,948        

described in division (B) of this section.                         4,949        

      (B)  In the event of riot, civil disorder, or insurrection,  4,951        

or the reasonable threat of riot, civil disorder, or               4,952        

insurrection, and upon request, as provided in this section, of    4,953        

the sheriff of a county or the mayor or other chief executive of   4,954        

a municipal corporation, the governor may order the state highway  4,955        

patrol to enforce the criminal laws within the area threatened by  4,956        

riot, civil disorder, or insurrection, as designated by the        4,957        

governor, upon finding that law enforcement agencies within the    4,958        

counties involved will not be reasonably capable of controlling    4,959        

the riot, civil disorder, or insurrection and that additional      4,960        

assistance is necessary.  In cities in which the sheriff is under  4,961        

contract to provide exclusive police services pursuant to section  4,962        

311.29 of the Revised Code, in villages, and in the                4,963        

unincorporated areas of the county, the sheriff has exclusive      4,964        

authority to request the use of the patrol.  In cities in which    4,965        

the sheriff does not exclusively provide police services, the      4,966        

mayor, or other chief executive performing the duties of mayor,    4,967        

has exclusive authority to request the use of the patrol.          4,968        

      The superintendent or any state highway patrol trooper may   4,970        

enforce the criminal laws within the area designated by the        4,971        

governor during the emergency arising out of the riot, civil       4,972        

disorder, or insurrection until released by the governor upon      4,973        

consultation with the requesting authority.  State highway patrol  4,974        

troopers shall never be used as peace officers in connection with  4,975        

any strike or labor dispute.                                       4,976        

      When a request for the use of the patrol is made pursuant    4,978        

to this division, the requesting authority shall notify the law    4,979        

enforcement authorities in contiguous communities and the sheriff  4,980        

of each county within which the threatened area, or any part of    4,981        

                                                          120    


                                                                 
the threatened area, lies of the request, but the failure to       4,982        

notify the authorities or a sheriff shall not affect the validity  4,983        

of the request.                                                    4,984        

      (C)  Any person who is arrested by the superintendent or a   4,986        

state highway patrol trooper shall be taken before any court or    4,987        

magistrate having jurisdiction of the offense with which the       4,988        

person is charged.  Any person who is arrested or apprehended      4,989        

within the limits of a municipal corporation shall be brought      4,990        

before the municipal court or other tribunal of the municipal      4,991        

corporation.                                                       4,992        

      (D)(1)  State highway patrol troopers have the same right    4,994        

and power of search and seizure as other peace officers.           4,995        

      No state official shall command, order, or direct any state  4,997        

highway patrol trooper to perform any duty or service that is not  4,998        

authorized by law.  The powers and duties conferred on the patrol  4,999        

are supplementary to, and in no way a limitation on, the powers    5,000        

and duties of sheriffs or other peace officers of the state.       5,001        

      (2)(a)  A state highway patrol trooper, pursuant to the      5,003        

policy established by the superintendent of the state highway      5,004        

patrol under division (D)(2)(b) of this section, may render        5,005        

emergency assistance to any other peace officer who has arrest     5,006        

authority under section 2935.03 of the Revised Code, if both of    5,007        

the following apply:                                               5,008        

      (i)  There is a threat of imminent physical danger to the    5,010        

peace officer, a threat of physical harm to another person, or     5,011        

any other serious emergency situation;                             5,012        

      (ii)  Either the peace officer requests emergency            5,014        

assistance or it appears that the peace officer is unable to       5,015        

request emergency assistance and the circumstances observed by     5,016        

the state highway patrol trooper reasonably indicate that          5,017        

emergency assistance is appropriate.                               5,018        

      (b)  The superintendent of the state highway patrol shall    5,020        

establish, within sixty days of August 8, 1991, a policy that      5,021        

sets forth the manner and procedures by which a state highway      5,022        

                                                          121    


                                                                 
patrol trooper may render emergency assistance to any other peace  5,023        

officer under division (D)(2)(a) of this section.  The policy      5,024        

shall include a provision that a state highway patrol trooper      5,025        

never be used as a peace officer in connection with any strike or  5,026        

labor dispute.                                                     5,027        

      (3)(a)  A state highway patrol trooper who renders           5,029        

emergency assistance to any other peace officer under the policy   5,030        

established by the superintendent pursuant to division (D)(2)(b)   5,031        

of this section shall be considered to be performing regular       5,032        

employment for the purposes of compensation, pension, indemnity    5,033        

fund rights, workers' compensation, and other rights or benefits   5,034        

to which the trooper may be entitled as incident to regular        5,036        

employment.                                                                     

      (b)  A state highway patrol trooper who renders emergency    5,038        

assistance to any other peace officer under the policy             5,039        

established by the superintendent pursuant to division (D)(2)(b)   5,040        

of this section retains personal immunity from liability as        5,041        

specified in section 9.86 of the Revised Code.                     5,042        

      (c)  A state highway patrol trooper who renders emergency    5,044        

assistance under the policy established by the superintendent      5,045        

pursuant to division (D)(2)(b) of this section has the same        5,046        

authority as the peace officer for or with whom he THE STATE       5,047        

HIGHWAY PATROL TROOPER is providing emergency assistance.          5,049        

      (E)(1)  Subject to the availability of funds specifically    5,051        

appropriated by the general assembly for security detail           5,052        

purposes, the state highway patrol shall provide security as       5,053        

follows:                                                           5,054        

      (a)  For the governor;                                       5,056        

      (b)  At the direction of the governor, for other officials   5,058        

of the state government of this state; officials of the state      5,059        

governments of other states who are visiting this state;           5,060        

officials of the United States government who are visiting this    5,061        

state; officials of the governments of foreign countries or their  5,062        

political subdivisions who are visiting this state; or other       5,063        

                                                          122    


                                                                 
officials or dignitaries who are visiting this state, including,   5,064        

but not limited to, members of trade missions;                     5,065        

      (c)  For the capitol square, as defined in section 105.41    5,068        

of the Revised Code;                                                            

      (d)  For other state property.                               5,070        

      (2)  To carry out the security responsibilities of the       5,072        

patrol listed in division (E)(1) of this section, the              5,073        

superintendent may assign state highway patrol troopers to a       5,074        

separate unit that is responsible for security details.  The       5,075        

number of troopers assigned to particular security details shall   5,076        

be determined by the superintendent.                               5,077        

      (3)  The superintendent and any state highway patrol         5,079        

trooper, when providing security pursuant to division (E)(1)(a)    5,080        

or (b) of this section, have the same arrest powers as other       5,081        

peace officers to apprehend offenders against the criminal laws    5,082        

who endanger or threaten the security of any person being          5,083        

protected, no matter where the offense occurs.                     5,084        

      The superintendent, any state highway patrol trooper, and    5,086        

any special police officer designated under section 5503.09 of     5,087        

the Revised Code, when providing security pursuant to division     5,088        

(E)(1)(c) of this section, shall enforce any rules governing       5,089        

capitol square adopted by the capitol square review and advisory   5,090        

board.                                                                          

      (F)  The governor may order the state highway patrol to      5,092        

undertake major criminal investigations that involve state         5,093        

property interests.  If an investigation undertaken pursuant to    5,094        

this division results in either the issuance of a no bill or the   5,095        

filing of an indictment, the superintendent shall file a complete  5,096        

and accurate report of the investigation with the president of     5,097        

the senate, the speaker of the house of representatives, the       5,098        

minority leader of the senate, and the minority leader of the      5,099        

house of representatives within fifteen days after the issuance    5,100        

of the no bill or the filing of an indictment.  If the             5,101        

investigation does not have as its result any prosecutorial        5,102        

                                                          123    


                                                                 
action, the superintendent shall, upon reporting this fact to the  5,103        

governor, file a complete and accurate report of the               5,104        

investigation with the president of the senate, the speaker of     5,105        

the house of representatives, the minority leader of the senate,   5,106        

and the minority leader of the house of representatives.           5,107        

      (G)  The superintendent may purchase or lease real property  5,109        

and buildings needed by the patrol, negotiate the sale of real     5,110        

property owned by the patrol, rent or lease real property owned    5,111        

or leased by the patrol, and make or cause to be made repairs to   5,112        

all property owned or under the control of the patrol.  ANY        5,113        

INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS                  

DIVISION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE   5,114        

AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012  5,115        

OF THE REVISED CODE.                                                            

      Sections 123.01 and 125.02 of the Revised Code do not limit  5,117        

the powers granted to the superintendent by this division.         5,118        

      Sec. 5519.01.  If the director of transportation is unable   5,127        

to purchase property for any purpose related to highways, roads,   5,128        

or bridges authorized by Chapters 5501., 5503., 5511., 5513.,      5,129        

5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528.,     5,130        

5529., 5531., 5533., and 5535. of the Revised Code, or, if the     5,131        

Ohio rail development commission is unable to purchase property    5,132        

for any purpose necessary for the implementation of rail service   5,134        

under Chapter 4981. of the Revised Code, the director shall        5,135        

issue, or the commission shall enter on the records of the         5,136        

commission, a finding that it is necessary, for the public         5,137        

convenience and welfare, to appropriate such property as the       5,138        

director or commission considers needed for such purposes.  The    5,139        

finding shall contain a definite, accurate, and detailed           5,140        

description of the property, and the name and place of residence,  5,142        

if known or with reasonable diligence ascertainable, of the owner  5,143        

of the property appropriated.  The commission shall submit to the               

director a copy of its record finding that the appropriation of    5,144        

property is necessary.  The commission shall not proceed with the  5,145        

                                                          124    


                                                                 
appropriation unless it is first approved by the director.         5,146        

      The director or commission, in such finding, shall fix what  5,148        

the director or commission considers to be the value of such       5,149        

property appropriated, together with damages to the residue, and   5,151        

deposit the value thereof, together with the damages, with the     5,152        

probate court or the court of common pleas of the county within    5,153        

which the property, or a part thereof, is situated.  The power to  5,154        

appropriate property for any purpose authorized by such chapters   5,155        

shall be exercised in the manner provided in sections 163.01 to    5,156        

163.22 of the Revised Code.                                                     

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   5,158        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    5,159        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   5,160        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 5529.03.  The director of transportation may acquire    5,169        

by gift, purchase, or appropriation, any interest, estate, or      5,170        

right in and to real property adjacent to highways of this state   5,171        

as necessary for the restoration, preservation, and enhancement    5,172        

of scenic beauty adjacent to said highways, or for the             5,173        

establishment of publicly owned and controlled rest and            5,174        

recreation areas and sanitary and other facilities within or       5,175        

adjacent to the right-of-way of said highways to accommodate the   5,176        

traveling public.  Nothing in this section authorizes the          5,177        

director to appropriate fee simple title to real property further  5,178        

than three hundred feet from the nearest edge of the highway       5,179        

right-of-way.                                                      5,180        

      The director may convey or lease any such property adjacent  5,182        

to the highway right-of-way to any person or entity in the manner  5,183        

and subject to such reservations, conditions, covenants, or other  5,185        

contractual arrangements as the director determines will not       5,186        

substantially interfere with the scenic character or beauty of     5,187        

the area traversed by the highway.                                 5,188        

      The director may employ consulting engineers and enter into  5,190        

contracts for consulting engineering services with any qualified   5,191        

                                                          125    


                                                                 
person, firm, partnership, corporation, or association to prepare  5,192        

plans and estimates and generally supervise the construction and   5,193        

landscaping for scenic enhancement and roadside beautification     5,194        

projects, and in the awarding of such contracts compliance with    5,195        

sections 5501.17 and 5525.01 of the Revised Code is not required.  5,196        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   5,198        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    5,199        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   5,200        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 5537.06.  (A)  The Ohio turnpike commission may         5,209        

acquire by purchase, lease, lease-purchase, lease with option to   5,210        

purchase, appropriation, or otherwise and in such manner and for   5,211        

such consideration as it considers proper, any public or private   5,212        

property necessary, convenient, or proper for the construction,    5,213        

maintenance, or efficient operation of the Ohio turnpike system.   5,214        

The commission may pledge net revenues, to the extent permitted    5,215        

by this chapter with respect to bonds, to secure payments to be    5,216        

made by the commission under any such lease, lease-purchase        5,217        

agreement, or lease with option to purchase.  Title to personal    5,218        

property, and interests less than a fee in real property, shall    5,219        

be held in the name of the commission.  Title to real property     5,220        

held in fee shall be held in the name of the state for the use of  5,221        

the commission.  In any proceedings for appropriation under this   5,222        

section, the procedure to be followed shall be in accordance with  5,223        

the procedure provided in sections 163.01 to 163.22 of the         5,224        

Revised Code, including division (B) of section 163.06 of the      5,225        

Revised Code notwithstanding the limitation in that division of    5,226        

its applicability to roads open to the public without charge.      5,227        

Except as otherwise agreed upon by the owner, full compensation    5,228        

shall be paid for public property so taken.                        5,229        

      (B)  This section does not authorize the commission to take  5,231        

or disturb property or facilities belonging to any public utility  5,232        

or to a common carrier engaged in interstate commerce, which       5,233        

property or facilities are required for the proper and convenient  5,234        

                                                          126    


                                                                 
operation of the public utility or common carrier, unless          5,235        

provision is made for the restoration, relocation, replication,    5,236        

or duplication of the property or facilities elsewhere at the      5,237        

sole cost of the commission.                                       5,238        

      (C)  Disposition of real property shall be by the            5,240        

commission in the manner and for the consideration it determines   5,241        

if to a state agency or other governmental agency, and otherwise   5,242        

in the manner provided in section 5501.45 of the Revised Code for  5,243        

the disposition of property by the director of transportation.     5,244        

Disposition of personal property shall be in the manner and for    5,245        

the consideration the commission determines.                       5,246        

      (D)  ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED       5,248        

PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE    5,250        

THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN  5,251        

SECTION 5301.012 OF THE REVISED CODE.                                           

      Sec. 6121.04.  The Ohio water development authority may do   5,260        

any or all of the following:                                       5,261        

      (A)  Adopt bylaws for the regulation of its affairs and the  5,263        

conduct of its business;                                           5,264        

      (B)  Adopt an official seal;                                 5,266        

      (C)  Maintain a principal office and suboffices at places    5,268        

within the state that it designates;                               5,269        

      (D)  Sue and plead in its own name, and be sued and          5,271        

impleaded in its own name with respect to its contracts or torts   5,272        

of its members, employees, or agents acting within the scope of    5,273        

their employment, or to enforce its obligations and covenants      5,274        

made under sections 6121.06, 6121.08, and 6121.13 of the Revised                

Code.  Any such actions against the authority shall be brought in  5,275        

the court of common pleas of the county in which the principal     5,276        

office of the authority is located or in the court of common       5,277        

pleas of the county in which the cause of action arose, provided   5,278        

that the county is located within this state, and all summonses,   5,279        

exceptions, and notices of every kind shall be served on the                    

authority by leaving a copy thereof at the principal office with   5,280        

                                                          127    


                                                                 
the person in charge thereof or with the secretary-treasurer of    5,281        

the authority.                                                                  

      (E)  Make loans and grants to governmental agencies for the  5,283        

acquisition or construction of water development projects by any   5,284        

such governmental agency and adopt rules and procedures for        5,285        

making such loans and grants;                                                   

      (F)  Acquire, construct, reconstruct, enlarge, improve,      5,287        

furnish, equip, maintain, repair, operate, or lease or rent to,    5,288        

or contract for operation by, a governmental agency or person,     5,289        

water development projects, and establish rules for the use of     5,290        

such projects;                                                                  

      (G)  Make available the use or services of any water         5,292        

development project to one or more persons, one or more            5,293        

governmental agencies, or any combination thereof;                 5,294        

      (H)  Issue water development revenue bonds and notes and     5,296        

water development revenue refunding bonds of the state, payable    5,297        

solely from revenues as provided in section 6121.06 of the         5,298        

Revised Code, unless the bonds are refunded by refunding bonds,    5,299        

for the purpose of paying any part of the cost of one or more                   

water development projects or parts thereof;                       5,300        

      (I)  Acquire by gift or purchase, hold, and dispose of real  5,302        

and personal property in the exercise of its powers and the        5,303        

performance of its duties under this chapter;                      5,304        

      (J)  Acquire, in the name of the state, by purchase or       5,306        

otherwise, on such terms and in such manner as it considers        5,307        

proper, or by the exercise of the right of condemnation in the     5,308        

manner provided by section 6121.18 of the Revised Code, such       5,309        

public or private lands, including public parks, playgrounds, or                

reservations, or parts thereof or rights therein, rights-of-way,   5,310        

property, rights, easements, and interests as it considers         5,311        

necessary for carrying out this chapter, but excluding the         5,312        

acquisition by the exercise of the right of condemnation of any    5,313        

waste water facility or water management facility owned by any     5,314        

person or governmental agency, and compensation shall be paid for               

                                                          128    


                                                                 
public or private lands so taken, except that a government-owned   5,315        

waste water facility may be appropriated in accordance with        5,316        

section 6121.041 of the Revised Code;                                           

      (K)  Adopt rules to protect augmented flow in waters of the  5,318        

state, to the extent augmented by a water development project,     5,319        

from depletion so it will be available for beneficial use, and to  5,320        

provide standards for the withdrawal from waters of the state of   5,321        

the augmented flow created by a water development project that is  5,322        

not returned to the waters of the state so augmented and to                     

establish reasonable charges therefor if considered necessary by   5,323        

the authority;                                                     5,324        

      (L)  Make and enter into all contracts and agreements and    5,326        

execute all instruments necessary or incidental to the             5,327        

performance of its duties and the execution of its powers under    5,328        

this chapter in accordance with the following requirements:        5,329        

      (1)  When the cost under any such contract or agreement,     5,331        

other than compensation for personal services, involves an         5,332        

expenditure of more than ten thousand dollars, the authority       5,333        

shall make a written contract with the lowest responsive and       5,334        

responsible bidder, in accordance with section 9.312 of the                     

Revised Code, after advertisement for not less than two            5,335        

consecutive weeks in a newspaper of general circulation in         5,336        

Franklin county, and in such other publications as the authority   5,337        

determines, which shall state the general character of the work    5,338        

and the general character of the materials to be furnished, the    5,339        

place where plans and specifications therefor may be examined,                  

and the time and place of receiving bids, provided that a          5,340        

contract or lease for the operation of a water development         5,341        

project constructed and owned by the authority or an agreement     5,342        

for cooperation in the acquisition or construction of a water      5,343        

development project pursuant to section 6121.13 of the Revised                  

Code or any contract for the construction of a water development   5,344        

project that is to be leased by the authority to, and operated     5,345        

by, persons who are not governmental agencies and the cost of the  5,346        

                                                          129    


                                                                 
project is to be amortized exclusively from rentals or other       5,347        

charges paid to the authority by persons who are not governmental  5,348        

agencies is not subject to the foregoing requirements and the      5,349        

authority may enter into such a contract or lease or such an                    

agreement pursuant to negotiation and upon such terms and          5,350        

conditions and for such period as it finds to be reasonable and    5,351        

proper in the circumstances and in the best interests of proper    5,352        

operation or of efficient acquisition or construction of the       5,353        

project.                                                                        

      (2)  Each bid for a contract for the construction,           5,355        

demolition, alteration, repair, or reconstruction of an            5,356        

improvement shall contain the full name of every person            5,357        

interested in it and shall meet the requirements of section                     

153.54 of the Revised Code.                                        5,358        

      (3)  Each bid for a contract except as provided in division  5,360        

(L)(2) of this section shall contain the full name of every        5,361        

person or company interested in it and shall be accompanied by a   5,362        

sufficient bond or certified check on a solvent bank that if the   5,363        

bid is accepted, a contract will be entered into and the           5,364        

performance thereof secured.                                                    

      (4)  The authority may reject any and all bids.              5,366        

      (5)  A bond with good and sufficient surety, approved by     5,368        

the authority, shall be required of every contractor awarded a     5,369        

contract except as provided in division (L)(2) of this section,    5,370        

in an amount equal to at least fifty per cent of the contract      5,371        

price, conditioned upon the faithful performance of the contract.  5,372        

      (M)  Employ managers, superintendents, and other employees   5,374        

and retain or contract with consulting engineers, financial        5,375        

consultants, accounting experts, architects, attorneys, and other  5,376        

consultants and independent contractors as are necessary in its    5,377        

judgment to carry out this chapter, and fix the compensation       5,378        

thereof.  All expenses thereof shall be payable solely from the                 

proceeds of water development revenue bonds or notes issued under  5,379        

this chapter, from revenues, or from funds appropriated for that   5,380        

                                                          130    


                                                                 
purpose by the general assembly.                                   5,381        

      (N)  Receive and accept from any federal agency, subject to  5,383        

the approval of the governor, grants for or in aid of the          5,384        

construction of any water development project or for research and  5,385        

development with respect to waste water or water management        5,386        

facilities, and receive and accept aid or contributions from any   5,387        

source of money, property, labor, or other things of value, to be  5,388        

held, used, and applied only for the purposes for which the                     

grants and contributions are made;                                 5,389        

      (O)  Engage in research and development with respect to      5,391        

waste water or water management facilities;                        5,392        

      (P)  Purchase fire and extended coverage and liability       5,394        

insurance for any water development project and for the principal  5,395        

office and suboffices of the authority, insurance protecting the   5,396        

authority and its officers and employees against liability for     5,397        

damage to property or injury to or death of persons arising from   5,398        

its operations, and any other insurance the authority may agree                 

to provide under any resolution authorizing its water development  5,399        

revenue bonds or in any trust agreement securing the same;         5,400        

      (Q)  Charge, alter, and collect rentals and other charges    5,402        

for the use or services of any water development project as        5,403        

provided in section 6121.13 of the Revised Code;                   5,404        

      (R)  Provide coverage for its employees under sections       5,406        

4123.01 to 4123.94, 4141.01 to 4141.46, and 145.01 to 145.58 of    5,407        

the Revised Code;                                                               

      (S)  Assist in the implementation and administration of the  5,409        

drinking water assistance fund and program created in section      5,410        

6109.22 of the Revised Code and the water pollution control loan   5,411        

fund and program created in section 6111.036 of the Revised Code,  5,412        

including, without limitation, performing or providing fiscal      5,413        

management for the funds and investing and disbursing moneys in                 

the funds, and enter into all necessary and appropriate            5,414        

agreements with the director of environmental protection for       5,415        

those purposes;                                                                 

                                                          131    


                                                                 
      (T)  Issue water development revenue bonds and notes of the  5,417        

state in principal amounts that are necessary for the purpose of   5,418        

raising moneys for the sole benefit of the water pollution         5,419        

control loan fund created in section 6111.036 of the Revised       5,420        

Code, including moneys to meet the requirement for providing                    

matching moneys under division (D) of that section.  The bonds     5,421        

and notes may be secured by appropriate trust agreements and       5,422        

repaid from moneys credited to the fund from payments of           5,423        

principal and interest on loans made from the fund, as provided    5,424        

in division (F) of section 6111.036 of the Revised Code.                        

      (U)  Issue water development revenue bonds and notes of the  5,426        

state in principal amounts that are necessary for the purpose of   5,427        

raising moneys for the sole benefit of the drinking water          5,428        

assistance fund created in section 6109.22 of the Revised Code,    5,429        

including moneys to meet the requirement for providing matching    5,430        

moneys under divisions (B) and (F) of that section.  The bonds                  

and notes may be secured by appropriate trust agreements and       5,431        

repaid from moneys credited to the fund from payments of           5,432        

principal and interest on loans made from the fund, as provided    5,433        

in division (F) of section 6109.22 of the Revised Code.            5,434        

      (V)  Do all acts necessary or proper to carry out the        5,436        

powers expressly granted in this chapter.                          5,437        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   5,439        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    5,440        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   5,441        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 6123.04.  For the purposes of this chapter, the Ohio    5,450        

water development authority may:                                   5,451        

      (A)  Adopt bylaws for the regulation of its affairs and the  5,453        

conduct of its business under this chapter;                        5,454        

      (B)  Sue and plead in its own name; be sued and impleaded    5,456        

in its own name with respect to its contracts or torts of its      5,457        

members, employees, or agents acting within the scope of their     5,458        

employment, or to enforce its obligations and covenants made       5,459        

                                                          132    


                                                                 
under sections 6123.06, 6123.08, and 6123.13 of the Revised Code.  5,460        

Any such actions against the authority shall be brought in the     5,461        

court of common pleas of the county in which the principal office  5,462        

of the authority is located, or in the court of common pleas of    5,463        

the county in which the cause of action arose, provided such       5,464        

county is located within this state, and all summonses,            5,465        

exceptions, and notices of every kind shall be served on the       5,466        

authority by leaving a copy thereof at the principal office with   5,467        

the person in charge thereof or with the secretary-treasurer of    5,468        

the authority.                                                     5,469        

      (C)  Make loans and grants to governmental agencies for the  5,471        

acquisition or construction of development projects by any such    5,472        

governmental agency and adopt rules and procedures for making      5,473        

such loans and grants;                                             5,474        

      (D)  Acquire, construct, reconstruct, enlarge, improve,      5,476        

furnish, equip, maintain, repair, operate, lease or rent to, or    5,477        

contract for operation by, a person or governmental agency,        5,478        

development projects, and establish rules for the use of such      5,479        

projects;                                                          5,480        

      (E)  Make available the use or services of any development   5,482        

project to one or more persons, one or more governmental           5,483        

agencies, or any combination thereof;                              5,484        

      (F)  Issue development revenue bonds and notes and           5,486        

development revenue refunding bonds of the state, payable solely   5,487        

from revenues as provided in section 6123.06 of the Revised Code,  5,488        

unless the bonds be refunded by refunding bonds, for the purpose   5,489        

of paying any part of the cost of one or more development          5,490        

projects or parts thereof;                                         5,491        

      (G)  Acquire by gift or purchase, hold, and dispose of real  5,493        

and personal property in the exercise of the powers of the         5,494        

authority and the performance of its duties under this chapter;    5,495        

      (H)  Acquire, in the name of the state, by purchase or       5,497        

otherwise, on such terms and in such manner as the authority       5,498        

determines proper, public or private lands, or parts thereof or    5,499        

                                                          133    


                                                                 
rights therein, rights-of-way, property, rights, easements, and    5,500        

interests as it finds necessary for carrying out this chapter;     5,501        

and compensation shall be paid for public or private lands so      5,502        

taken;                                                             5,503        

      (I)  Make and enter into all contracts and agreements and    5,505        

execute all instruments necessary or incidental to the             5,506        

performance of its duties and the execution of its powers under    5,507        

this chapter:                                                      5,508        

      (1)  When the cost under any such contract or agreement,     5,510        

other than compensation for personal services, involves an         5,511        

expenditure of more than two thousand dollars, the authority       5,512        

shall make a written contract with the lowest responsive and       5,513        

responsible bidder, in accordance with section 9.312 of the        5,514        

Revised Code, after advertisement for not less than two            5,515        

consecutive weeks in a newspaper of general circulation in         5,516        

Franklin county, and in such other publications as the authority   5,517        

determines, such notice shall state the general character of the   5,518        

work and materials to be furnished, the place where plans and      5,519        

specifications therefor may be examined, and the time and place    5,520        

of receiving bids.  Provided, that a contract or lease for the     5,521        

operation of a development project constructed and owned by the    5,522        

authority or an agreement for cooperation in the acquisition or    5,523        

construction of a development project pursuant to section 6123.13  5,524        

of the Revised Code or any contract for the construction of a      5,525        

development project that is to be leased by the authority to, and  5,526        

operated by, persons who are not governmental agencies and the     5,527        

cost of such project is to be amortized exclusively from rentals   5,528        

or other charges paid to the authority by persons who are not      5,529        

governmental agencies or by governmental agencies that receive     5,530        

the use or services of such project, including governmental        5,531        

agencies that are parties to an agreement for cooperation in the   5,532        

acquisition or construction of such development project pursuant   5,533        

to section 6123.13 of the Revised Code, is not subject to the      5,534        

foregoing requirements and the authority may enter into such       5,535        

                                                          134    


                                                                 
contract or lease or such agreement pursuant to negotiation and    5,536        

upon such terms and conditions and for such period as it finds to  5,537        

be reasonable and proper in the circumstances and in the best      5,538        

interests of proper operation or of efficient acquisition or       5,539        

construction of such project.                                      5,540        

      (2)  Each bid for a contract for the construction,           5,542        

demolition, alteration, repair, or reconstruction of an            5,543        

improvement shall contain the full name of every person            5,544        

interested in it and who meets the requirements of section 153.54  5,545        

of the Revised Code.                                               5,546        

      (3)  Each bid for a contract, except as provided in          5,548        

division (I)(2) of this section, shall contain the full name of    5,549        

every person or company interested in it and shall be accompanied  5,550        

by a sufficient bond or certified check on a solvent bank that if  5,551        

the bid is accepted a contract will be entered into and the        5,552        

performance thereof secured.                                       5,553        

      (4)  The authority may reject any and all bids.              5,555        

      (5)  A bond with good and sufficient surety, approved by     5,557        

the authority, shall be required of every contractor awarded a     5,558        

contract except as provided in division (I)(2) of this section,    5,559        

in an amount equal to at least fifty per cent of the contract      5,560        

price, conditioned upon the faithful performance of the contract.  5,561        

      (J)  Employ managers, superintendents, and other employees   5,563        

and retain or contract with consulting engineers, financial        5,564        

consultants, accounting experts, architects, attorneys, and such   5,565        

other consultants and independent contractors as are necessary in  5,566        

its judgment to carry out this chapter, and fix the compensation   5,567        

thereof.  All expenses thereof shall be payable solely from the    5,568        

proceeds of development revenue bonds or notes issued under this   5,569        

chapter, from revenues, or from funds appropriated for such        5,570        

purpose by the general assembly.                                   5,571        

      (K)  Receive and accept from any federal agency, subject to  5,573        

the approval of the governor, grants for or in aid of the          5,574        

construction of any development project or for research and        5,575        

                                                          135    


                                                                 
development with respect to solid waste facilities or energy       5,576        

resource development facilities, and receive and accept aid or     5,577        

contributions from any source of money, property, labor, or other  5,578        

things of value, to be held, used, and applied only for the        5,579        

purposes for which such grants and contributions are made;         5,580        

      (L)  Engage in research and development with respect to      5,582        

solid waste facilities or energy resource development facilities;  5,583        

      (M)  Purchase fire and extended coverage and liability       5,585        

insurance for any development project and for the principal        5,586        

office and sub-offices of the authority, insurance protecting the  5,587        

authority and its officers and employees against liability for     5,588        

damage to property or injury to or death of persons arising from   5,589        

its operations, and any other insurance the authority may agree    5,590        

to provide under any resolution authorizing its development        5,591        

revenue bonds or in any trust agreement securing the same;         5,592        

      (N)  Charge, alter, and collect rentals and other charges    5,594        

for the use or services of any development project as provided in  5,595        

section 6123.13 of the Revised Code;                               5,596        

      (O)  Provide coverage for its employees under Chapters       5,598        

145., 4123., and 4141. of the Revised Code;                        5,599        

      (P)  Do all acts necessary or proper to carry out the        5,601        

powers expressly granted in this chapter.                          5,602        

      ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT   5,604        

TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS    5,605        

THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION   5,606        

5301.012 OF THE REVISED CODE.                                                   

      Sec. 6161.011.  ANY INSTRUMENT BY WHICH REAL PROPERTY IS     5,608        

ACQUIRED PURSUANT TO SECTION 6161.01 OF THE REVISED CODE SHALL     5,609        

IDENTIFY ANY AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF   5,610        

THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED  5,611        

CODE.                                                                           

      Section 2.  That existing sections 9.20, 123.01, 123.04,     5,613        

125.84, 149.302, 152.08, 152.21, 154.06, 154.16, 154.21, 154.22,   5,614        

154.23, 163.02, 165.02, 175.04, 307.12, 319.201, 901.63, 902.03,   5,615        

                                                          136    


                                                                 
991.07, 1501.01, 1515.08, 1517.17, 1519.02, 1523.01, 1545.12,      5,617        

1551.12, 3354.09, 3354.13, 3355.06, 3355.10, 3357.09, 3357.12,     5,618        

3358.08, 3375.40, 3377.04, 3377.14, 3706.04, 3747.06, 3747.14,     5,619        

3793.031, 4582.06, 4582.31, 4981.14, 4981.32, 5119.37, 5120.46,                 

5123.22, 5501.32, 5503.02, 5519.01, 5529.03, 5537.06, 6121.04,     5,621        

and 6123.04 of the Revised Code are hereby repealed.               5,622        

      Section 3.  Section 123.01 of the Revised Code is presented  5,624        

in this act as a composite of the section as amended by Am. Sub.   5,626        

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  5,628        

in capital letters.  Section 5503.02 of the Revised Code is        5,629        

presented in this act as a composite of the section as amended by  5,630        

both Am. Sub. H.B. 117 and Am. S.B. 34 of the 121st General        5,631        

Assembly, with the new language of neither of the acts shown in    5,633        

capital letters.  This is in recognition of the principle stated   5,634        

in division (B) of section 1.52 of the Revised Code that such      5,635        

amendments are to be harmonized where not substantively            5,636        

irreconcilable and constitutes a legislative finding that such is  5,637        

the resulting version in effect prior to the effective date of     5,638        

this act.