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
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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
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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
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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
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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
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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
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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
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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
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(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
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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
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(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.