As Passed by the Senate 1
123rd General Assembly 5
Regular Session Sub. H. B. No. 19 6
1999-2000 7
REPRESENTATIVES SCHULER-PADGETT-BRITTON-CLANCY-JONES- 9
KREBS-TERWILLEGER-WILLAMOWSKI-TAYLOR-AMSTUTZ-MOTTLEY-CORBIN- 10
PATTON-HAINES-HOLLISTER-OPFER-VESPER-VERICH-HARTNETT-BARNES- 11
SENATORS SPADA-BLESSING-SCHAFRATH-GARDNER-HORN 12
_________________________________________________________________ 14
A B I L L
To amend sections 9.20, 123.01, 123.04, 125.84, 15
149.302, 152.08, 152.21, 154.06, 154.16, 154.21, 16
154.22, 154.23, 163.02, 165.02, 175.04, 307.12, 17
319.201, 901.63, 902.03, 991.07, 1501.01,
1515.08, 1517.17, 1519.02, 1523.01, 1545.12, 18
1551.12, 3354.09, 3354.13, 3355.06, 3355.10, 19
3357.09, 3357.12, 3358.08, 3375.40, 3377.04, 21
3377.14, 3706.04, 3747.06, 3747.14, 3793.031, 22
4582.06, 4582.31, 4981.14, 4981.32, 5119.37,
5120.46, 5123.22, 5501.32, 5503.02, 5519.01, 25
5529.03, 5537.06, 6121.04, and 6123.04 and to
enact sections 121.181, 1514.301, 3301.481, 27
3375.831, 5301.012, and 6161.011 of the Revised 28
Code to require that any instrument by which the 30
state or an agency of the state acquires an 31
interest in real property shall identify the 32
agency for whose use and benefit the real 33
property is acquired; to authorize the board of 35
park commissioners of a metropolitan park
district to sell park lands for conservation uses 36
or for park or recreation purposes, in accordance
with specified procedures, to the state, a park 37
district or other political subdivision of the 38
state, or the federal government; and to
authorize a board of county commissioners to 39
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donate personal property to the federal
government, the state, or another political 40
subdivision of the state.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 42
Section 1. That sections 9.20, 123.01, 123.04, 125.84, 44
149.302, 152.08, 152.21, 154.06, 154.16, 154.21, 154.22, 154.23, 45
163.02, 165.02, 175.04, 307.12, 319.201, 901.63, 902.03, 991.07, 47
1501.01, 1515.08, 1517.17, 1519.02, 1523.01, 1545.12, 1551.12, 48
3354.09, 3354.13, 3355.06, 3355.10, 3357.09, 3357.12, 3358.08, 49
3375.40, 3377.04, 3377.14, 3706.04, 3747.06, 3747.14, 3793.031, 50
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 52
be amended and sections 121.181, 1514.301, 3301.481, 3375.831, 53
5301.012, and 6161.011 of the Revised Code be enacted to read as 54
follows:
Sec. 9.20. The state; a county, a township, or a cemetery 63
association or the commissioners or trustees of a county, 64
township, or cemetery association; a municipal corporation or the 65
legislative authority, a board, or other officers of a municipal 66
corporation; and a benevolent, educational, or correctional
institution, wholly or in part under the control of the state, or 67
the board of directors, trustees, or other officers of the 68
institution may receive by gift, devise, or bequest moneys, 69
lands, or other properties, for their benefit or the benefit of 70
any of those under their charge and may hold and apply the
moneys, lands, or properties according to the terms of the gift, 71
devise, or bequest. The gifts or devises of real estate may be 72
in fee simple or of any lesser estate and may be subject to any 73
reasonable reservation. This section does not affect the 74
statutory provisions as to devises or bequests for such purposes. 75
ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE STATE 77
ACQUIRES REAL PROPERTY PURSUANT TO THIS SECTION SHALL IDENTIFY 78
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THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE REAL 79
PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED CODE. 80
Sec. 121.181. ANY INSTRUMENT BY WHICH A DEPARTMENT 82
ACQUIRES AN INTEREST IN REAL PROPERTY, INCLUDING ANY DEED, 83
TRANSFER, GRANT, RESERVATION, AGREEMENT CREATING AN EASEMENT, OR 84
LEASE, SHALL IDENTIFY THE DEPARTMENT FOR WHOSE USE AND BENEFIT 85
THE INTEREST IN REAL PROPERTY IS ACQUIRED, AS SPECIFIED IN 86
SECTION 5301.012 OF THE REVISED CODE.
Sec. 123.01. (A) The department of administrative 97
services, in addition to those powers enumerated in Chapters 124. 98
and 125. of the Revised Code, and as provided elsewhere by law, 99
shall exercise the following powers: 100
(1) To prepare, or contract to be prepared, by licensed 102
engineers or architects, surveys, general and detailed plans, 103
specifications, bills of materials, and estimates of cost for any 104
projects, improvements, or public buildings to be constructed by 105
state agencies that may be authorized by legislative 106
appropriations or any other funds made available therefor, 107
provided that the construction of the projects, improvements, or 108
public buildings is a statutory duty of the department. This 109
section does not require the independent employment of an 110
architect or engineer as provided by section 153.01 of the 111
Revised Code in the cases to which that section applies nor 112
affect or alter the existing powers of the director of 113
transportation. 114
(2) To have general supervision over the construction of 116
any projects, improvements, or public buildings constructed for a 117
state agency and over the inspection of materials previous to 118
their incorporation into those projects, improvements, or 119
buildings; 120
(3) To make contracts for and supervise the construction 122
of any projects and improvements or the construction and repair 123
of buildings under the control of a state agency, except 124
contracts for the repair of buildings under the management and 125
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control of the departments of public safety, human services, 126
mental health, mental retardation and developmental disabilities, 127
rehabilitation and correction, and youth services, the bureau of 128
workers' compensation, the bureau of employment services, the 129
rehabilitation services commission, and boards of trustees of 130
educational and benevolent institutions. These contracts shall 131
be made and entered into by the directors of public safety, human 132
services, mental health, mental retardation and developmental 133
disabilities, rehabilitation and correction, and youth services, 134
the administrator of workers' compensation, the administrator of 135
the bureau of employment services, the rehabilitation services 136
commission, and the boards of trustees of such institutions, 137
respectively. All such contracts may be in whole or in part on 138
unit price basis of maximum estimated cost, with payment computed 139
and made upon actual quantities or units. 140
(4) To prepare and suggest comprehensive plans for the 142
development of grounds and buildings under the control of a state 143
agency; 144
(5) To acquire, by purchase, gift, devise, lease, or 146
grant, all real estate required by a state agency, in the 147
exercise of which power the department may exercise the power of 148
eminent domain, in the manner provided by sections 163.01 to 149
163.22 of the Revised Code; 150
(6) To make and provide all plans, specifications, and 152
models for the construction and perfection of all systems of 153
sewerage, drainage, and plumbing for the state in connection with 154
buildings and grounds under the control of a state agency; 155
(7) To erect, supervise, and maintain all public monuments 157
and memorials erected by the state, except where the supervision 158
and maintenance is otherwise provided by law; 159
(8) To procure, by lease, storage accommodations for a 161
state agency; 162
(9) To lease or grant easements or licenses for 164
unproductive and unused lands or other property under the control 165
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of a state agency. Such leases, easements, or licenses shall be 166
granted for a period not to exceed fifteen years and shall be 167
executed for the state by the director of administrative services 168
and the governor and shall be approved as to form by the attorney 169
general, provided that leases, easements, or licenses may be 170
granted to any county, township, municipal corporation, port 171
authority, water or sewer district, school district, library 172
district, health district, park district, soil and water 173
conservation district, conservancy district, or other political 174
subdivision or taxing district, or any agency of the United 175
States government, for the exclusive use of that agency, 176
political subdivision, or taxing district, without any right of 177
sublease or assignment, for a period not to exceed fifteen years, 178
and provided that the director shall grant leases, easements, or 179
licenses of university land for periods not to exceed twenty-five 180
years for purposes approved by the respective university's board 181
of trustees wherein the uses are compatible with the uses and 182
needs of the university and may grant leases of university land 183
for periods not to exceed forty years for purposes approved by 184
the respective university's board of trustees pursuant to section 185
123.77 of the Revised Code. 186
(10) To lease office space in buildings for the use of a 188
state agency; 189
(11) To have general supervision and care of the 191
storerooms, offices, and buildings leased for the use of a state 192
agency; 193
(12) To exercise general custodial care of all real 195
property of the state; 196
(13) To assign and group together state offices in any 198
city in the state and to establish, in cooperation with the state 199
agencies involved, rules governing space requirements for office 200
or storage use; 201
(14) To lease for a period not to exceed forty years, 203
pursuant to a contract providing for the construction thereof 204
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under a lease-purchase plan, buildings, structures, and other 205
improvements for any public purpose, and, in conjunction 206
therewith, to grant leases, easements, or licenses for lands 207
under the control of a state agency for a period not to exceed 208
forty years. The lease-purchase plan shall provide that at the 209
end of the lease period, the buildings, structures, and related 210
improvements, together with the land on which they are situated, 211
shall become the property of the state without cost. 212
(a) Whenever any building, structure, or other improvement 214
is to be so leased by a state agency, the department shall retain 215
either basic plans, specifications, bills of materials, and 216
estimates of cost with sufficient detail to afford bidders all 217
needed information or, alternatively, all of the following plans, 218
details, bills of materials, and specifications: 219
(i) Full and accurate plans suitable for the use of 221
mechanics and other builders in the improvement; 222
(ii) Details to scale and full sized, so drawn and 224
represented as to be easily understood; 225
(iii) Accurate bills showing the exact quantity of 227
different kinds of material necessary to the construction; 228
(iv) Definite and complete specifications of the work to 230
be performed, together with such directions as will enable a 231
competent mechanic or other builder to carry them out and afford 232
bidders all needed information; 233
(v) A full and accurate estimate of each item of expense 235
and of the aggregate cost thereof. 236
(b) The department shall give public notice, in such 238
newspaper, in such form, and with such phraseology as the 239
director of administrative services prescribes, published once 240
each week for four consecutive weeks, of the time when and place 241
where bids will be received for entering into an agreement to 242
lease to a state agency a building, structure, or other 243
improvement. The last publication shall be at least eight days 244
preceding the day for opening the bids. The bids shall contain 245
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the terms upon which the builder would propose to lease the 246
building, structure, or other improvement to the state agency. 247
The form of the bid approved by the department shall be used, and 248
a bid is invalid and shall not be considered unless that form is 249
used without change, alteration, or addition. Before submitting 250
bids pursuant to this section, any builder shall comply with 251
Chapter 153. of the Revised Code. 252
(c) On the day and at the place named for receiving bids 254
for entering into lease agreements with a state agency, the 255
director of administrative services shall open the bids and shall 256
publicly proceed immediately to tabulate the bids upon duplicate 257
sheets. No lease agreement shall be entered into until the 258
bureau of workers' compensation has certified that the person to 259
be awarded the lease agreement has complied with Chapter 4123. of 260
the Revised Code, until, if the builder submitting the lowest and 261
best bid is a foreign corporation, the secretary of state has 262
certified that the corporation is authorized to do business in 263
this state, until, if the builder submitting the lowest and best 264
bid is a person nonresident of this state, the person has filed 265
with the secretary of state a power of attorney designating the 266
secretary of state as its agent for the purpose of accepting 267
service of summons in any action brought under Chapter 4123. of 268
the Revised Code, and until the agreement is submitted to the 269
attorney general and the attorney general's approval is certified 270
thereon. Within thirty days after the day on which the bids are 272
received, the department shall investigate the bids received and 273
shall determine that the bureau and the secretary of state have 274
made the certifications required by this section of the builder 275
who has submitted the lowest and best bid. Within ten days of 276
the completion of the investigation of the bids, the department 277
shall award the lease agreement to the builder who has submitted 278
the lowest and best bid and who has been certified by the bureau 279
and secretary of state as required by this section. If bidding 280
for the lease agreement has been conducted upon the basis of 281
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basic plans, specifications, bills of materials, and estimates of 282
costs, upon the award to the builder the department, or the 283
builder with the approval of the department, shall appoint an 284
architect or engineer licensed in this state to prepare such 285
further detailed plans, specifications, and bills of materials as 286
are required to construct the building, structure, or 287
improvement. The department shall adopt such rules as are 288
necessary to give effect to this section. The department may 289
reject any bid. Where there is reason to believe there is 290
collusion or combination among bidders, the bids of those 291
concerned therein shall be rejected. 292
(15) To acquire by purchase, gift, devise, or grant and to 294
transfer, lease, or otherwise dispose of all real property 295
required to assist in the development of a conversion facility as 296
defined in section 5709.30 of the Revised Code; 297
(16) To lease for a period not to exceed forty years, 299
notwithstanding any other division of this section, the 300
state-owned property located at 408-450 East Town Street, 301
Columbus, Ohio, formerly the state school for the deaf, to a 302
developer in accordance with this section. "Developer," as used 303
in this section, has the same meaning as in section 123.77 of the 304
Revised Code. 305
Such a lease shall be for the purpose of development of the 307
land for use by senior citizens by constructing, altering, 308
renovating, repairing, expanding, and improving the site as it 309
existed on June 25, 1982. A developer desiring to lease the land 310
shall prepare for submission to the department a plan for 311
development. Plans shall include provisions for roads, sewers, 312
water lines, waste disposal, water supply, and similar matters to 313
meet the requirements of state and local laws. The plans shall 314
also include provision for protection of the property by 315
insurance or otherwise, and plans for financing the development, 316
and shall set forth details of the developer's financial 317
responsibility. 318
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The department may employ, as employees or consultants, 320
persons needed to assist in reviewing the development plans. 321
Those persons may include attorneys, financial experts, 322
engineers, and other necessary experts. The department shall 323
review the development plans and may enter into a lease if it 324
finds all of the following: 325
(a) The best interests of the state will be promoted by 327
entering into a lease with the developer; 328
(b) The development plans are satisfactory; 330
(c) The developer has established the developer's 332
financial responsibility and satisfactory plans for financing the 333
development. 334
The lease shall contain a provision that construction or 336
renovation of the buildings, roads, structures, and other 337
necessary facilities shall begin within one year after the date 338
of the lease and shall proceed according to a schedule agreed to 339
between the department and the developer or the lease will be 340
terminated. The lease shall contain such conditions and 341
stipulations as the director considers necessary to preserve the 342
best interest of the state. Moneys received by the state 343
pursuant to this lease shall be paid into the general revenue 344
fund. The lease shall provide that at the end of the lease 345
period the buildings, structures, and related improvements shall 346
become the property of the state without cost. 347
(17) To lease to any person any tract of land owned by the 349
state and under the control of the department, or any part of 350
such a tract, for the purpose of drilling for or the pooling of 351
oil or gas. Such a lease shall be granted for a period not 352
exceeding forty years, with the full power to contract for, 353
determine the conditions governing, and specify the amount the 354
state shall receive for the purposes specified in the lease, and 355
shall be prepared as in other cases. 356
(B) This section and section 125.02 of the Revised Code 358
shall not interfere with any of the following: 359
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(1) The power of the adjutant general to purchase military 361
supplies, or with the custody of the adjutant general of property 362
leased, purchased, or constructed by the state and used for 363
military purposes, or with the functions of the adjutant general 364
as director of state armories; 365
(2) The power of the director of transportation in 367
acquiring rights-of-way for the state highway system, or the 368
leasing of lands for division or resident district offices, or 369
the leasing of lands or buildings required in the maintenance 370
operations of the department of transportation, or the purchase 371
of real property for garage sites or division or resident 373
district offices, or in preparing plans and specifications for 374
and constructing such buildings as the director may require in 375
the administration of the department; 376
(3) The power of the director of public safety and the 378
registrar of motor vehicles to purchase or lease real property 379
and buildings to be used solely as locations to which a deputy 380
registrar is assigned pursuant to division (B) of section 381
4507.011 of the Revised Code and from which the deputy registrar 382
is to conduct the deputy registrar's business, the power of the 383
director of public safety to purchase or lease real property and 384
buildings to be used as locations for division or district 385
offices as required in the maintenance of operations of the 386
department of public safety, and the power of the superintendent 387
of the state highway patrol in the purchase or leasing of real 388
property and buildings needed by the patrol, to negotiate the 389
sale of real property owned by the patrol, to rent or lease real 390
property owned or leased by the patrol, and to make or cause to 391
be made repairs to all property owned or under the control of the 392
patrol;
(4) The power of the division of liquor control in the 394
leasing or purchasing of retail outlets and warehouse facilities 395
for the use of the division; 396
(5) The power of the director of development to enter into 398
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leases of real property, buildings, and office space to be used 399
solely as locations for the state's foreign offices to carry out 400
the purposes of section 122.05 of the Revised Code. 401
(C) Purchases for, and the custody and repair of, 403
buildings under the management and control of the capitol square 404
review and advisory board, the rehabilitation services 405
commission, the bureau of employment services, the bureau of 406
workers' compensation, or the departments of public safety, human 408
services, mental health, mental retardation and developmental 409
disabilities, and rehabilitation and correction, and buildings of 410
educational and benevolent institutions under the management and 411
control of boards of trustees, are not subject to the control and 412
jurisdiction of the department of administrative services. 413
(D) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 415
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 417
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 418
SECTION 5301.012 OF THE REVISED CODE.
Sec. 123.04. The director of administrative services shall 427
be appointed superintendent of public works and shall have the 428
care and control of the public works of the state except as 429
provided in section 1521.08 of the Revised Code and shall 430
protect, maintain, and keep them in repair.
Subject to the approval of the governor, the director may 432
purchase on behalf of the state such real or personal property, 433
rights, or privileges as are necessary, in his THE DIRECTOR'S 434
judgment, to acquire in the maintenance of the public works or 436
their improvement.
ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE STATE 438
ACQUIRES REAL PROPERTY PURSUANT TO THIS SECTION SHALL IDENTIFY 439
THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE REAL 440
PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED CODE. 441
Sec. 125.84. In conformance with the "Federal Property and 450
Administrative Services Act of 1949 (,"63 Stat. 377), as 452
amended," similar or related federal property disposal acts of
12
congress, and sections 125.84 to 125.90 of the Revised Code, the 453
department of administrative services may acquire, warehouse, 454
distribute, transfer, retransfer, recapture, revert, and dispose 455
of federal personal property and shall assist in the acquisition, 456
conveyance, reconveyance, recapture, reversion, and disposal of 457
federal real and related personal property, not required for the 458
needs and the discharge of the responsibilities of all federal 459
departments, agencies, boards, and commissions, for the purpose 460
of making such property available for use to eligible state civil 461
defense, health, and educational institutions and organizations; 462
state departments, agencies, boards, and commissions; bodies 463
politic and corporate, political subdivisions, or other district, 464
regional, or similar authorities established by or pursuant to 465
law; duly authorized local tax-supported civil defense 466
organizations; local tax-supported health and educational 467
institutions; local tax-supported institutions and organizations; 468
private nonprofit federally tax-exempt health and educational 469
institutions and organizations in the state; private nonprofit 470
federally tax-exempt institutions, organizations, and activities 471
in the state; and to such other institutions, organizations, or 472
activities in the state as may hereafter become eligible to 473
receive such property. 474
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 476
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 477
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 478
5301.012 OF THE REVISED CODE.
Sec. 149.302. (A) The Ohio historical society, in 487
addition to its other functions, shall establish a museum in the 488
vicinity of Wilberforce to be known as the national museum of 489
Afro-American history and culture. For this purpose the society 490
may accept donations of money, property, and personal services, 491
apply for and receive federal assistance, acquire real property 492
or any estate, right, or interest therein, construct buildings, 493
access roads, parking areas, and other appropriate facilities for 494
13
museum visitors, and exercise any powers incidental to such 495
purpose. The society shall establish the museum in consultation 496
with the national museum of Afro-American history and culture 497
planning committee established in section 149.303 of the Revised 499
Code. The society shall consult with the committee before 500
selecting a museum site and before acquiring or accepting any
real property for such purpose. It shall consult with the 501
committee on the design, plans, and specifications for the 502
construction or modification of any buildings and other museum 503
visitation facilities. The society, in cooperation and 504
consultation with the committee, shall establish an acquisition 505
policy for the museum. 506
Donations of money received under this section shall be 508
placed in a separate fund within the accounts of the Ohio 509
historical society to be used solely for the necessary expenses 510
of the society incurred in the performance of its duties under 511
this section. 512
(B) After the Ohio historical society establishes the 514
national museum of Afro-American history and culture, the society 515
shall convey title to the museum and its contents to a private, 516
nonprofit organization which shall operate and maintain the 517
museum. The society shall determine the conditions of the 518
conveyance, and the conveyance and the conditions of the 519
conveyance are subject to approval by the national museum of 520
Afro-American history and culture planning committee. The 521
society shall operate and maintain the museum until the museum 522
and its contents are conveyed as provided in this section. Any 523
historical items or artifacts donated to the society, or to the 524
private, nonprofit organization to which the society has conveyed 525
the museum and its contents, for placement in the museum, shall 526
remain at the museum as part of its permanent collection. The 527
organization to which the society has conveyed the museum and its 528
contents shall consult with the committee concerning the 529
operation and maintenance of the museum. 530
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(C) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 532
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 534
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 535
SECTION 5301.012 OF THE REVISED CODE.
Sec. 152.08. (A) The Ohio building authority may: 544
(1) Acquire, by gift, grant, or purchase, and hold and 546
mortgage, real estate and interests therein and personal property 547
suitable for its purposes, provided that no land used by the 548
authority pursuant to section 152.05 of the Revised Code shall be 549
mortgaged by the authority; 550
(2) Purchase, construct, reconstruct, equip, furnish, 552
improve, alter, enlarge, maintain, repair, and operate buildings, 553
facilities, and other properties for the purposes set forth in 554
section 152.04 of the Revised Code. The authority shall 555
construct, operate, and maintain its buildings, facilities, and 556
other properties in a healthy, safe, and sanitary manner. 557
(3) Issue revenue bonds to secure funds to accomplish its 559
purposes, the principal of and interest on and all other payments 560
required to be made by the trust agreement or indenture securing 561
such bonds to be paid solely from revenues accruing to the 562
authority through the operation of its buildings, facilities, and 563
other properties; 564
(4) Enter into contracts and execute all instruments 566
necessary in the conduct of its business; 567
(5) Fix, alter, and charge rentals and other charges for 569
the use and occupancy of its buildings, facilities, and other 570
properties and enter into leases with the persons specified in 571
section 152.04 of the Revised Code; 572
(6) Employ financial consultants, appraisers, consulting 574
engineers, architects, superintendents, managers, construction 575
and accounting experts, attorneys-at-law, and other employees and 576
agents as are necessary, in its judgment, and fix their 577
compensation; 578
(7) Provide for the persons occupying its buildings, 580
15
facilities, and other properties, health clinics, medical 581
services, food services, and such other services as such persons 582
cannot provide for themselves; and, if the authority determines 583
that it is more advantageous, it may enter into contracts with 584
persons, firms, or corporations or with any governmental agency, 585
board, commission, or department to provide any of such clinics 586
or services; 587
(8) Pledge, hypothecate, or otherwise encumber such of its 589
rentals or other charges as may be agreed as security for its 590
obligations, and enter into trust agreements or indentures for 591
the benefit of its bondholders; 592
(9) Borrow money or accept advances, loans, gifts, grants, 594
devises, or bequests from, and enter into contracts or agreements 595
with, any federal agency or other governmental or private source, 596
and hold and apply advances, loans, gifts, grants, devises, or 597
bequests according to the terms thereof. Such advances, loans, 598
gifts, grants, or devises of real estate may be in fee simple or 599
of any lesser estate and may be subject to any reasonable 600
reservations. Any advances or loans received from any federal or 601
other governmental or private source may be repaid in accordance 602
with the terms of such advance or loan. 603
(10) Conduct investigations into housing and living 605
conditions in order to be able to purchase, construct, or 606
reconstruct suitable buildings and facilities to fulfill its 607
purpose, and determine the best locations within the state for 608
its buildings, facilities, and other properties; 609
(11) Enter into lawful arrangements with the appropriate 611
federal or state department or agency, county, township, 612
municipal government, or other political subdivision, or public 613
agency for the planning and installation of streets, roads, 614
alleys, public parks and recreation areas, public utility 615
facilities, and other necessary appurtenances to its projects; 616
(12) Purchase fire, extended coverage, and liability 618
insurance for its property, and insurance covering the authority 619
16
and its officers and employees for liability for damage or injury 620
to persons or property; 621
(13) Sell, lease, release, or otherwise dispose of 623
property owned by the authority and not needed for the purposes 624
of the authority and grant such easements across the property of 625
the authority as will not interfere with its use of its property; 626
(14) Establish rules and regulations for the use and 628
operation of its buildings, facilities, and other properties; 629
(15) Do all other acts necessary to the fulfillment of its 631
purposes. 632
(B) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 634
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 636
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 637
SECTION 5301.012 OF THE REVISED CODE.
Sec. 152.21. With respect to capital facilities described 646
in sections 152.19 and 152.31 of the Revised Code, the Ohio 647
building authority may: 648
(A) Acquire, by appropriation subject to Chapter 163. of 650
the Revised Code, or by gift, grant, lease, or purchase; hold; 651
lease; mortgage in the case of capital facilities the real 652
property or interest therein of which was not acquired by the 653
authority pursuant to sections 152.05 and 152.06 of the Revised 654
Code; convey; and dispose of real estate and interests in real 655
estate and personal property suitable for its purposes; 656
(B) Acquire, purchase, construct, reconstruct, 658
rehabilitate, remodel, renovate, enlarge, improve, alter, 659
maintain, equip, furnish, repair, paint, decorate, and operate 660
capital facilities as provided in sections 152.18, 152.19, and 661
152.31 of the Revised Code;
(C) Issue obligations to secure funds to accomplish its 663
purposes as more fully set forth in sections 152.09 to 152.33 of 664
the Revised Code; 665
(D) Enter into contracts and execute all instruments 667
necessary in the conduct of its business; 668
17
(E) Fix, alter, and charge rentals for the use and 670
occupancy of its capital facilities and enter into leases for 671
such use and occupancy as provided in section 152.24 of the 672
Revised Code; 673
(F) Employ financial consultants, appraisers, consulting 675
engineers, architects, superintendents, managers, construction 676
and accounting experts, attorneys at law, and other employees and 677
agents as are necessary, in its judgment, and fix their 678
compensation; 679
(G) Manage and have general custodial care and supervision 681
of its capital facilities or enter into contracts with the 683
department of administrative services or the using state agency
or governmental entity for such purposes; 684
(H) Pledge, hypothecate, or otherwise encumber all or such 686
portion as it determines of the available receipts to the payment 687
of bond service charges on obligations or series of obligations 688
issued pursuant to Chapter 152. of the Revised Code and for the 689
establishment and maintenance of any reserves, as provided in the 690
bond resolution, and make other provisions therein with respect 691
to such available receipts as authorized by Chapter 152. of the 692
Revised Code, which shall be controlling notwithstanding any 693
other provisions of law pertaining thereto, and enter into trust 694
agreements or indentures for the benefit of holders of its 695
obligations; 696
(I) Borrow money or accept advances, loans, gifts, grants, 698
devises, or bequests from, and enter into contracts or agreements 699
with, any federal agency or other governmental or private source, 700
and hold and apply advances, loans, gifts, grants, devises, or 701
bequests according to the terms thereof. Such advances, loans, 702
gifts, grants, or devises of real estate may be in fee simple or 703
of any lesser estate and may be subject to any reasonable 704
reservations. Any advances or loans received from any federal or 705
other governmental or private source may be repaid in accordance 706
with the terms of such advance or loan. 707
18
(J) Enter into lawful arrangements with the appropriate 709
governmental entity for the planning and installation of streets 710
and sidewalks, public utility facilities, and other necessary 711
appurtenances to its capital facilities, and grant necessary 712
easements for such purposes; 713
(K) Purchase all risk or extended coverage, boiler, rents, 715
and public liability insurance for or relating to its property; 716
(L) Establish rules for the use and operation of its 718
buildings and facilities; 719
(M) Do all other acts necessary to the fulfillment of its 721
purposes. 722
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 724
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 725
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 726
5301.012 OF THE REVISED CODE.
Sec. 154.06. In connection with capital facilities 736
financed by the Ohio public facilities commission pursuant to 737
authorization by the general assembly, the commission may: 738
(A) Acquire by appropriation, subject to Chapter 163. of 740
the Revised Code, or by gift, grant, lease, or purchase, or 741
combination thereof, and hold, lease, and dispose of real estate 742
and interests therein and personal property for the purposes of 743
Chapter 154. of the Revised Code; 744
(B) Acquire, purchase, construct, reconstruct, equip, 746
furnish, improve, alter, enlarge, remodel, renovate, 747
rehabilitate, maintain, repair, and operate capital facilities 748
for the purposes set forth in Chapter 154. of the Revised Code; 749
(C) Enter into agreements with the director of 751
administrative services providing for the director to acquire by 752
appropriation, subject to Chapter 163. of the Revised Code, real 753
estate and interests therein on behalf of the commission for the 754
purposes of Chapter 154. of the Revised Code and the director may 755
enter into such agreements and appropriate pursuant thereto.; 756
(D) Enter into leases or other agreements with 758
19
governmental agencies upon such terms as are mutually 759
satisfactory, which may include provisions, among others, for 760
rental payments commencing at or at any time after execution of 761
such lease and before completion of the capital facilities leased 762
thereby, provisions relating to the disposition of such capital 763
facilities, and provisions, if determined by the commission, for 764
waiver of rights of repossession by the commission; and such 765
governmental agencies may enter into such leases and agreements 766
with the commission and into subleases and agreements between 767
governmental agencies pertaining to capital facilities financed 768
by the commission, upon terms and conditions mutually 769
satisfactory to the parties and without competitive bidding, and 770
any agreement of such governmental agency to make rental, use, or 771
other payments or payment of purchase price, in installments or 772
otherwise, or repayments to or on account of the commission, and 773
the obligations issued by the commission shall not be deemed to 774
constitute indebtedness, bonded or otherwise, or bonds, notes, or 775
other evidence of indebtedness of such governmental agency for 776
the purpose of Chapter 133. of the Revised Code or any other 777
purpose; such lease and agreements requiring payments beyond the 778
current year are continuing contracts for the purposes of 779
sections 5705.41 and 5705.44 of the Revised Code; 780
(E) Contract for the services of financial consultants, 782
appraisers, consulting engineers, architects, construction and 783
accounting experts, attorneys, and other consultants and 784
independent contractors, as are necessary in its judgment to 785
carry out Chapter 154. of the Revised Code; 786
(F) Enter into agreements with one or more governmental 788
agencies or any combination thereof for the management or general 789
custodial care and supervision of capital facilities, and such 790
governmental agencies are authorized to enter into such 791
agreements with the commission upon terms and conditions mutually 792
satisfactory to the parties; 793
(G) Borrow money or accept advances, loans, gifts, grants, 795
20
devises, or bequests from, and enter into contracts or agreements 796
therefor with, any governmental agency or person, and hold and 797
apply advances, loans, gifts, grants, devises, or bequests, and 798
the capital facilities to which the same relate, according to the 799
terms thereof, which advances, loans, gifts, grants, or devises 800
may, as to real estate be in fee simple or of any lesser estate 801
and may be subject to reasonable reservations, and which advances 802
or loans received from any governmental agency or person may be 803
repaid in accordance with the terms of such advance or loan; 804
(H) Enter into agreements or arrangements with the 806
appropriate governmental agency for the planning and installation 807
of streets, roads, alleys, public parks and recreation areas, 808
public utility facilities, and other necessary appurtenances to 809
its capital facilities; 810
(I) Purchase or provide for fire and extend EXTENDED 812
coverage insurance for its property and such other insurance the 813
commission may agree to provide under applicable bond procedings 815
PROCEEDINGS;
(J) Enter into contracts and execute all instruments 817
necessary or incidental to the performance of its duties and the 818
execution of its powers and do all other acts necessary or proper 819
to the fulfillment of its purposes and to carry out the powers 820
expressly granted in Chapter 154. of the Revised Code. 821
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 823
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 824
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 825
5301.012 OF THE REVISED CODE.
Sec. 154.16. Any governmental agency may lease, grant, or 834
convey to the Ohio public facilities commission, at its request, 835
any real property or interests therein including improvements 836
thereto or personal property of or under the control of such 837
governmental agency which is necessary or convenient to the 838
effectuation of the authorized purposes of the commission, 839
including public roads and other real property or interests 840
21
therein, including improvements thereto or personal property 841
already devoted to public use, upon such terms as the governing 842
body of the governmental agency, and the governor in the case of 843
real estate title of which is in the name of the state, and the 844
commission agree and without the necessity for advertisement, 845
auction, competitive bidding, order of court, or other action or 846
formality, other than the regular and formal action of such 847
governing body, and the governor in the instance above stated. 848
Title to all real estate acquired by the commission shall be 849
taken in the name of the state. 850
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 852
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 853
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 854
5301.012 OF THE REVISED CODE.
Sec. 154.21. (A) Subject to authorization by the general 863
assembly under section 154.02 of the Revised Code, the Ohio 864
public facilities commission may authorize and issue obligations 865
pursuant to this chapter to pay the cost of capital facilities 866
for state-supported and state-assisted institutions of higher 867
education. 868
(B) Capital facilities for institutions of higher 870
education financed under this section may be leased by the 871
commission to institutions of higher education or to the Ohio 872
board of regents for the use of institutions of higher education, 873
and such parties may make other agreement for the use or sale and 874
purchase of the facilities; the Ohio board of regents may 875
sublease such capital facilities to institutions of higher 876
education, and such parties may make other agreement for the use 877
or sale and purchase of the facilities, in any manner permitted 878
by the lease or agreement between the commission and the Ohio 879
board of regents; all upon such terms and conditions as the 880
parties may agree upon and pursuant to this chapter, 881
notwithstanding other provisions of law affecting the leasing, 882
acquisition, or disposition of capital facilities by such 883
22
parties. Any such leases, subleases, or agreements may contain 884
provisions setting forth the responsibilities of the commission, 885
institutions of higher education, and Ohio board of regents as to 886
the financing, construction, operation, maintenance, and insuring 887
of such facilities and other terms and conditions applicable 888
thereto, including designation of the "owner" for purposes of 889
Chapter 153. of the Revised Code, and any other provisions 890
mutually agreed upon for the purposes of this chapter. Promptly 891
upon execution thereof, a signed or conformed copy of each such 892
lease or agreement, and any supplement thereto, between an 893
institution of higher education or the Ohio board of regents and 894
the commission shall be filed by the commission with the Ohio 895
board of regents and the director of budget and management, and 896
promptly upon execution thereof, a signed or conformed copy of 897
each such sublease or agreement between the Ohio board of regents 898
and an institution of higher education shall be filed by the Ohio 899
board of regents with the commission and the director. 900
(C) For purposes of this section, "available receipts" 902
means fees, tuitions, charges, revenues, and all other receipts 903
of or on behalf of state-supported and state-assisted 904
institutions of higher education, any revenues or receipts 905
derived by the commission from the operation, leasing, or other 906
disposition of capital facilities financed under this section, 907
the proceeds of obligations issued under this section and 908
sections 154.11 and 154.12 of the Revised Code, and also means 909
any gifts, grants, donations, and pledges, and receipts 910
therefrom, available for the payment of bond service charges on 911
such obligations. Subject to any pledge of that portion of 912
available receipts, comprised of fees, tuitions, charges, 913
revenues, and receipts derived directly by an institution of 914
higher education, which has been or may thereafter be made 915
pursuant to section 3345.07, 3345.11, 3345.12, 3349.05, 3354.121, 916
or 3357.112 of the Revised Code, the commission may pledge all or 918
such portion as it determines of the available receipts to the 919
23
payment of bond service charges on obligations issued under this 920
section and sections 154.11 and 154.12 of the Revised Code and 921
for the establishment and maintenance of any reserves, as 922
provided in the bond proceedings, and make other provisions 923
therein with respect to such available receipts as authorized by 924
this chapter, which provisions shall be controlling, 925
notwithstanding any other provision of law pertaining thereto. 926
(D) In the event that moneys in the higher education bond 928
service fund and available receipts from payments to be made to 929
the commission under leases and agreements with the Ohio board of 930
regents, together with any other funds made available by the 931
general assembly, will be insufficient, without application of 932
reserves, for the payment of bond service charges and for the 933
establishment and maintenance of reserves, as provided in the 934
bond proceedings, then the commission, upon consultation with the 935
institutions of higher education to be affected and the Ohio 936
board of regents, may require the institutions of higher 937
education to charge, collect, and transmit to the credit of the 938
higher education bond service fund provided for in division (E) 939
of this section, a special student fee, which may be a segregated 940
part of the established instruction fee or other fee, in such 941
amount or amounts as are necessary for the payment of the bond 942
service charges on obligations issued under this section and 943
sections 154.11 and 154.12 of the Revised Code and for the 944
establishment and maintenance of any reserves, as provided in the 945
bond proceedings. Such special fee constitutes "available 946
receipts" within the meaning thereof in division (C) of this 947
section, and may be pledged as therein provided in addition to, 948
or in lieu of, or to be applied prior to, other available 949
receipts, as provided in the bond proceedings; provided, that 950
such special fee shall not be deemed to be pledged by the 951
institutions of higher education under section 3345.07, 3345.11, 952
3345.12, 3349.05, 3354.121, or 3357.112 of the Revised Code. The 954
commission may covenant in the bond proceedings to require such 955
24
special fee to be charged, collected, and transmitted pursuant to 956
this division. In the event the initiation of such special fee 957
is required in accordance with such covenant, the commission 958
shall by rules transmitted to each institution of higher 959
education affected thereby, fix, establish, and from time to time 960
modify, as it may consider appropriate, the amount or amounts of 961
the fee, exemptions therefrom, such distinctions, if any, as it 962
may determine appropriate for full-time and part-time students or 963
students enrolled in different programs, or other bases for 964
distinction among students, so that students throughout the state 965
in similar classifications under such rules are so far as 966
feasible treated alike, and establish and from time to time 967
modify other rules, procedures, and definitions for the charge, 968
collection, and transmission of such special fees. 969
Notwithstanding any other provision of law pertaining thereto, 970
the governing boards of the institutions of higher education 971
shall charge, collect, and transmit such special fee in 972
accordance with such rules.
(E) There is hereby created the higher education bond 974
service trust fund, which shall be in the custody of the 975
treasurer of state but shall be separate and apart from and not a 976
part of the state treasury. All moneys received by or on account 977
of the commission and required by the applicable bond proceedings 978
to be deposited, transferred, or credited to the higher education 979
bond service trust fund, and all other moneys transferred or 980
allocated to or received for the purposes of the higher education 981
bond service trust fund, shall be deposited with the treasurer of 982
state and credited to such fund, subject to any applicable 983
provisions of the bond proceedings, without necessity for any act 984
of appropriation. The higher education bond service trust fund 985
is a trust fund and is hereby pledged to the payment of bond 986
service charges on the obligations issued pursuant to this 987
section and sections 154.11 and 154.12 of the Revised Code to the 988
extent provided in the applicable bond proceedings, and payment 989
25
thereof from such fund shall be made or provided for by the 990
treasurer of state in accordance with such bond proceedings 991
without necessity for any act of appropriation. 992
(F) There is hereby created in the state treasury the 994
higher education improvement fund. Subject to the bond 995
proceedings therefor, all of the proceeds of the sale of higher 996
education obligations shall be credited to the fund, except that 997
any accrued interest received shall be credited to the higher 998
education bond service fund. The higher education improvement 999
fund may also be comprised of gifts, grants, appropriated moneys, 1,000
and other sums and securities received to the credit of such 1,001
fund. The fund shall be applied only to the purpose of paying 1,002
costs of capital facilities for state-supported and 1,003
state-assisted institutions of higher education, which may 1,004
include participation with one or more such institutions of 1,005
higher education in any such capital facilities by way of grants, 1,006
loans, or contributions to them for such capital facilities. 1,007
(G) This section shall be applied with other applicable 1,009
provisions of this chapter. 1,010
(H) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 1,012
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 1,014
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 1,015
SECTION 5301.012 OF THE REVISED CODE.
Sec. 154.22. (A) Subject to authorization by the general 1,024
assembly under section 154.02 of the Revised Code, the Ohio 1,025
public facilities commission may authorize and issue obligations 1,026
pursuant to this chapter to pay costs of capital facilities for 1,027
parks and recreation. 1,028
(B) Any capital facilities for parks and recreation may be 1,030
leased by the commission to the department of natural resources 1,031
and other agreements may be made by the commission and such 1,032
department with respect to the use or purchase of such capital 1,033
facilities or, subject to the approval of the director of such 1,034
department, the commission may lease such capital facilities to, 1,035
26
and make other agreements with respect to their use or purchase 1,036
with, any governmental agency having authority under law to 1,037
operate such capital facilities, and the director of such 1,038
department may sublease such capital facilities to, and make 1,039
other agreements with respect to the use or purchase thereof 1,040
with, any such governmental agency, or such director may sublease 1,041
or contract for the operation of such capital facilities in 1,042
accordance with the applicable provisions of sections 1501.09, 1,043
1501.091, and 1501.10 of the Revised Code, all upon such terms 1,044
and conditions as the parties may agree upon and pursuant to this 1,045
chapter, notwithstanding any other provisions of law affecting 1,046
the leasing, acquisition, or disposition of capital facilities by 1,047
such parties. 1,048
(C) For purposes of this section, "available receipts" 1,050
means all receipts, including fees, charges, and rentals, derived 1,051
or to be derived from state parks and public service facilities 1,052
in any state park or parks, any other receipts of state agencies 1,053
with respect to parks and recreational facilities, any revenues 1,054
or receipts derived by the commission from the operation, 1,055
leasing, or other disposition of capital facilities financed 1,056
under this section, the proceeds of obligations issued under this 1,057
section and sections 154.11 and 154.12 of the Revised Code, and 1,058
also means any gifts, grants, donations, and pledges, and 1,059
receipts thereon, available for the payment of bond service 1,060
charges on obligations issued under this section. The commission 1,061
may pledge all, or such portion as it determines, of the 1,062
available receipts to the payment of bond service charges on 1,063
obligations issued under this section and sections 154.11 and 1,064
154.12 of the Revised Code and for the establishment and 1,065
maintenance of any reserves, as provided in the bond proceedings, 1,066
and make other provisions therein with respect to such available 1,067
receipts as authorized by this chapter, which provisions shall be 1,068
controlling notwithstanding any other provision of law pertaining 1,069
thereto. 1,070
27
(D) The commission may covenant in the bond proceeding 1,072
that the state and state agencies shall, so long as any 1,073
obligations issued under this section are outstanding, cause to 1,074
be charged and collected fees, charges, and rentals for the use 1,075
of state parks and public service facilities and other fees and 1,076
charges with respect to parks and recreation sufficient in amount 1,077
to provide for the payment of bond service charges on such 1,078
obligations and for the establishment and maintenance of any 1,079
reserves as provided in the bond proceedings, and such covenants 1,080
shall be controlling notwithstanding any other provision of law 1,081
pertaining to such charges except any provision of law 1,082
prohibiting or limiting charges for the use of swimming 1,083
facilities of state parks and public service facilities by 1,084
persons under sixteen years of age. 1,085
(E) There is hereby created the parks and recreation bond 1,087
service trust fund, which shall be in the custody of the 1,088
treasurer of state but shall be separate and apart from and not a 1,089
part of the state treasury. All moneys received by or on account 1,090
of the commission or state agencies and required by the 1,091
applicable bond proceedings to be deposited, transferred, or 1,092
allocated to or received for the purposes of the trust fund shall 1,093
be deposited with the treasurer of state and credited to such 1,094
fund, subject to applicable provisions of the bond proceedings 1,095
but without necessity for any act of appropriation. The trust 1,096
fund is hereby pledged to the payment of bond service charges on 1,097
the obligations issued pursuant to this section and sections 1,098
154.11 and 154.12 of the Revised Code to the extent provided in 1,099
the applicable bond proceedings, and payment thereof from such 1,100
fund shall be made or provided for by the treasurer of state in 1,101
accordance with such bond proceedings without necessity for any 1,102
act of appropriation. 1,103
(F) There is hereby created in the state treasury the 1,105
parks and recreation improvement fund. Subject to the bond 1,106
proceedings therefor, all of the proceeds of the sale of 1,107
28
obligations issued pursuant to this section shall be credited to 1,108
such fund, except that any accrued interest received shall be 1,109
credited to the parks and recreation bond service trust fund. 1,110
The parks and recreation improvement fund may also be comprised 1,111
of gifts, grants, appropriated moneys, and other sums and 1,112
securities received to the credit of such fund. Such fund shall 1,113
be applied only to the purpose of paying costs of capital 1,114
facilities for parks and recreation under the jurisdiction of the 1,115
department of natural resources or for participation in capital 1,116
facilities for parks and recreation with the federal government, 1,117
municipal corporations, counties, or other governmental agencies, 1,118
or any one or more of them, which participation may be by grants 1,119
or contributions to them for such capital facilities. 1,120
(G) All state parks shall be exclusively under the control 1,122
and administration of the division of parks and recreation. With 1,123
the approval of the recreation and resources council, the 1,125
director of natural resources may by order remove from the 1,126
classification as state parks any of the lands or interests 1,127
therein referred to in divisions (M)(2) and (3) of section 154.01 1,128
of the Revised Code, subject to the limitations, provisions, and 1,129
conditions in any order authorizing state park revenue bonds, in 1,130
any trust agreement securing such bonds, or in bond proceedings 1,131
with respect to obligations issued pursuant to this section. 1,132
Lands or interests therein so removed shall be transferred to 1,133
other divisions of the department for administration or may be 1,134
sold as provided by law. Proceeds of any sale shall be used or 1,135
transferred as provided in the order authorizing state park 1,136
revenue bonds or in such trust agreement, or in bond proceedings 1,137
with respect to obligations issued pursuant to this section, and 1,138
if no such provision is made shall be transferred to the state 1,139
park fund created by section 1541.22 of the Revised Code. 1,140
(H) This section shall be applied with other applicable 1,142
provisions of this chapter. 1,143
(I) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 1,145
29
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 1,147
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 1,148
SECTION 5301.012 OF THE REVISED CODE.
Sec. 154.23. (A) Subject to authorization by the general 1,158
assembly under section 154.02 of the Revised Code, the Ohio 1,159
public facilities commission may authorize and issue obligations 1,160
pursuant to this chapter to pay costs of capital facilities for 1,161
housing of branches and agencies of state government, including 1,162
capital facilities for the purposes of housing personnel, 1,163
equipment, or functions, or any combination thereof, that the 1,164
state agencies are responsible for housing, except capital 1,165
facilities for mental hygiene and retardation as referred to in 1,166
section 154.20 of the Revised Code, capital facilities for 1,167
state-supported and state-assisted institutions of higher 1,168
education as referred to in section 154.21 of the Revised Code, 1,169
capital facilities for parks and recreation as referred to in 1,170
section 154.22 of the Revised Code, and capital facilities 1,171
authorized by the general assembly to be financed pursuant to 1,172
division (F) of section 152.09 of the Revised Code with 1,173
obligations issued under Chapter 152. of the Revised Code. Such 1,174
obligations may be issued pursuant to one or more separate bond 1,175
proceedings as the commission determines. 1,176
(B) Capital facilities for housing of branches and 1,178
agencies of state government may be leased by the commission to 1,179
the using state agency or to the department of administrative 1,180
services for the use of such state agency or to other 1,181
governmental agencies and the department of administrative 1,182
services or the using state agency may sublease such capital 1,183
facilities to other state agencies or other governmental 1,184
agencies, and such parties may make other agreements for the use 1,185
or sale or purchase of such capital facilities in any manner 1,186
permitted by the lease or agreement with the commission, all upon 1,187
such terms and conditions as the parties may agree upon and 1,188
pursuant to this chapter, notwithstanding other provisions of law 1,189
30
affecting the leasing, acquisition, or disposition of capital 1,190
facilities by such parties. Any such lease between the 1,191
commission and the department of administrative services or the 1,192
using state agency shall be for a period not to exceed the then 1,193
current two-year period for which appropriations have been made 1,194
by the general assembly to the department of administrative 1,195
services or the state agencies which will occupy the building or 1,196
facility being leased. An agreement between the commission and 1,197
the department or using state agency may provide for renewal of 1,198
the lease at the end of each term for another term, not exceeding 1,199
two years, but no renewal shall be effective until the effective 1,200
date of an appropriation enacted by the general assembly from 1,201
which the department of administrative services or the using 1,202
state agency may lawfully pay rentals under such lease. Any such 1,203
leases, subleases, or agreements may contain provisions setting 1,204
forth the responsibilities of the commission, state agencies, or 1,205
other governmental agencies as to the financing, construction, 1,206
subleasing, operation, maintenance, and insuring of such capital 1,207
facilities and other terms and conditions applicable thereto, 1,208
including designation of the "owner" for purposes of Chapter 153. 1,209
of the Revised Code, and any other provisions mutually agreed 1,210
upon for the purposes of this chapter. Promptly upon execution 1,211
thereof a signed or conformed copy of each such lease or sublease 1,212
or agreement, and any supplement thereto, between the commission 1,213
and a governmental agency shall be filed by the commission with 1,214
the department of administrative services and the director of 1,215
budget and management, and promptly upon execution thereof a 1,216
signed or conformed copy of each such sublease or agreement 1,217
between two governmental agencies, not including the commission, 1,218
shall be filed with the commission and the director. 1,219
(C) For purposes of this section, "available receipts" 1,221
means fees, charges, revenues, grants, subsidies, income from the 1,222
investment of moneys, proceeds from the sale of goods or 1,223
services, and all other revenues or receipts received by or on 1,224
31
behalf of any state agency for which capital facilities are 1,225
financed with obligations issued under this section or any state 1,226
agency by which the capital facilities are constructed or 1,227
financed; revenues or receipts derived by the commission from the 1,228
operation, leasing, or other disposition of capital facilities 1,229
financed under this section; and the proceeds of obligations 1,230
issued under this section and sections 154.11 and 154.12 of the 1,231
Revised Code; and also means any moneys appropriated by a 1,232
governmental agency, gifts, grants, donations, and pledges, and 1,233
receipts therefrom, available for the payment of bond service 1,234
charges on such obligations. The commission may pledge all or 1,235
such portion as it determines of the available receipts to the 1,236
payment of bond service charges on obligations or series of 1,237
obligations issued under this section and sections 154.11 and 1,238
154.12 of the Revised Code and for the establishment and 1,239
maintenance of any reserves, as provided in the bond proceedings, 1,240
and make other provisions therein with respect to such available 1,241
receipts as authorized by this chapter, which shall be 1,242
controlling notwithstanding any other provisions of law 1,243
pertaining thereto. 1,244
(D) The commission may covenant in the bond proceedings 1,246
that the state and state agencies shall, so long as any 1,247
obligations issued under this section and those bond proceedings 1,248
are outstanding, cause to be charged and collected such revenues 1,249
and receipts constituting available receipts under those bond 1,250
proceedings sufficient in amount to provide for the payment of 1,251
bond service charges on those obligations and for the 1,252
establishment and maintenance of any reserves, as provided in the 1,253
bond proceedings for such obligations. Such covenants shall be 1,254
controlling, notwithstanding any other provision of law 1,255
pertaining to such revenues and receipts. 1,256
(E) There is hereby created one or more funds, as 1,258
determined by the commission in the bond proceedings, designated 1,259
the "state agency bond service fund" with, if more than one such 1,260
32
fund, such further identifying name as the commission determines, 1,261
which shall be in the custody of the treasurer of state but shall 1,262
be separate and apart from and not a part of the state treasury. 1,263
All moneys received by or on account of the commission or state 1,264
agencies and required by the applicable bond proceedings to be 1,265
deposited, transferred, or credited to the state agency bond 1,266
service fund, and all other moneys transferred or allocated to or 1,267
received for the purposes of that fund shall be deposited with 1,268
the treasurer of state and credited to the applicable fund, 1,269
subject to applicable provisions of the bond proceedings, but 1,270
without necessity of any act or appropriation. The state agency 1,271
bond service funds are trust funds and are hereby pledged to the 1,272
payment of bond service charges on the applicable obligations 1,273
issued pursuant to this section and sections 154.11 and 154.12 of 1,274
the Revised Code to the extent provided in the applicable bond 1,275
proceedings, and payment thereof from such funds shall be made or 1,276
provided for by the treasurer of state in accordance with the 1,277
applicable bond proceedings without necessity for any act of 1,278
appropriation. 1,279
(F) There is hereby created in the state treasury one or 1,281
more funds, as determined by the commission in the bond 1,282
proceedings, designated the "state agency facilities improvement 1,283
fund" with, if more than one such fund, such further identifying 1,284
name as the commission determines, which shall be in the custody 1,285
of the treasurer of state. Subject to the bond proceedings 1,286
therefor, all of the proceeds of the sale of obligations pursuant 1,287
to this section shall be credited to the applicable state agency 1,288
facilities improvement fund, except that any accrued interest 1,289
shall be credited to the applicable bond service fund. The state 1,290
agency facilities improvement funds may also be comprised of 1,291
gifts, contributions from governmental agencies, grants, 1,292
appropriated moneys, and other sums and securities received to 1,293
the credit of such funds. Such funds shall be applied only to 1,294
the purpose of paying applicable costs of capital facilities for 1,295
33
housing of branches and agencies of state government or for 1,296
participation in capital facilities for housing of branches and 1,297
agencies of state government with the federal government, 1,298
municipal corporations, counties, or other governmental agencies, 1,299
or any one or more of them, which participation may be by grants 1,300
or contributions to them for such capital facilities. 1,301
(G) This section is to be applied with other applicable 1,303
provisions of this chapter. 1,304
(H) ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE 1,306
STATE ACQUIRES REAL PROPERTY PURSUANT TO THIS SECTION SHALL 1,308
IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF 1,309
THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED 1,310
CODE.
Sec. 163.02. (A) Except as provided in divisions (B), 1,319
(C), and (D) of this section, all appropriations of real property 1,320
shall be made pursuant to sections 163.01 to 163.22 of the 1,321
Revised Code. 1,322
(B) Subject to division (E) of this section, the director 1,324
of transportation may appropriate real property pursuant to 1,325
sections 163.01 to 163.22 of the Revised Code or as otherwise 1,326
provided by law. 1,327
(C) Subject to division (E) of this section, a conservancy 1,329
district may appropriate real property by procedures prescribed 1,330
in Chapter 6101. of the Revised Code. 1,331
(D) Subject to division (E) of this section, a sanitary 1,333
district may appropriate real property by procedures prescribed 1,334
in Chapter 6115. of the Revised Code. 1,335
(E) When the director of transportation, a conservancy 1,337
district, or a sanitary district proceeds to appropriate real 1,338
property other than under sections 163.01 to 163.22 of the 1,339
Revised Code, the proceedings are subject to division (B) of 1,340
section 163.21 of the Revised Code. 1,341
(F) ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE 1,343
STATE ACQUIRES REAL PROPERTY PURSUANT TO THIS SECTION SHALL 1,345
34
IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF 1,346
THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED 1,347
CODE.
Sec. 165.02. Section 13 of Article VIII, Ohio 1,356
Constitution, is in part implemented by this chapter in 1,357
furtherance of the public purposes of the state to create or 1,358
preserve jobs and employment opportunities and to improve the 1,359
economic welfare of the people of the state. An issuer acting 1,360
through its issuing authority may in accordance with Section 13 1,361
of Article VIII, Ohio Constitution: 1,362
(A) Acquire by gift or purchase and hold and mortgage real 1,364
estate and interests therein and personal property to be used as 1,365
a project or a part thereof; 1,366
(B) Purchase, construct, reconstruct, enlarge, improve, 1,368
furnish, and equip and lease, sell, exchange, and otherwise 1,369
dispose of projects or parts thereof for those of the purposes 1,370
set forth in Section 13 of Article VIII, Ohio Constitution, that 1,371
are specified in the first sentence of this section, including, 1,372
without limitation thereto, the sale of projects by conditional 1,373
or installment sale, under which title may pass prior to or after 1,374
completion of construction of a project or payment or provision 1,375
for payment of all principal of, premium, if any, and interest on 1,376
the bonds, or at any other time provided in the agreement 1,377
pertaining to such sale, and including sale under an option to 1,378
purchase upon agreed terms which may include a price which may be 1,379
a nominal amount or less than true value at the time of purchase; 1,380
(C) Issue its bonds to provide funds, by loans or 1,382
otherwise, for acquiring, constructing, reconstructing, 1,383
enlarging, improving, furnishing, or equipping one or more 1,384
projects or parts thereof; 1,385
(D) Make loans for the acquisition, construction, 1,387
reconstruction, enlargement, improvement, furnishing, or 1,388
equipping of projects or parts thereof upon such terms as the 1,389
issuing authority may determine or authorize, including secured 1,390
35
or unsecured loans, and, in connection therewith, enter into loan 1,391
agreements and other agreements, accept notes or other forms of 1,392
obligation to evidence such indebtedness and security interests 1,393
to secure such indebtedness, and take such action as may be 1,394
considered by it appropriate to protect such security and 1,395
safeguard against losses, including, without limitation thereto, 1,396
foreclosure and the bidding upon and purchase of property upon 1,397
foreclosure or other sale; 1,398
(E) Enter into contracts and execute all instruments 1,400
necessary or appropriate to carry out the purposes of Chapter 1,401
165. of the Revised Code; 1,402
(F) Fix, alter, and collect rentals and other charges for 1,404
the use and occupancy of a project and lease the project to 1,405
others, including a contract with, or the granting of an option 1,406
to the lessee to purchase the project for such price as the 1,407
issuing authority in its sole discretion determines to be 1,408
appropriate, after retirement or redemption, or provision 1,409
therefor, of all the bonds of the issuer issued to provide funds 1,410
for the project; 1,411
(G) Retain, contract with, or employ and fix the 1,413
compensation of financial consultants, appraisers, accounting 1,414
experts, architects, engineers, attorneys at law, and other 1,415
employees, agents, and independent contractors as are necessary 1,416
in the judgment of the issuing authority to carry out the 1,417
provisions of Chapter 165. of the Revised Code; 1,418
(H) Pledge, assign, hypothecate, or otherwise encumber as 1,420
security for the bonds, the rentals, revenues, and other income, 1,421
charges, and moneys realized from the use, lease, sale, or other 1,422
disposition of one or more projects or parts thereof as may be 1,423
designated in the bond proceedings and enter into trust 1,424
agreements or indentures of mortgage for the benefit of 1,425
bondholders; 1,426
(I) Enter into appropriate arrangements with any federal 1,428
or state department or agency, county, township, municipal 1,429
36
corporation, or other political subdivision, taxing district, or 1,430
public body or agency for the planning and installation of 1,431
streets, roads, alleys, water supply and distribution facilities, 1,432
storm and sanitary sewage collection and disposal facilities, and 1,433
other necessary appurtenances to a project; 1,434
(J) Purchase fire and extended coverage and liability 1,436
insurance for a project, insurance protecting the issuer and its 1,437
officers and employees against liability for damage to property 1,438
or injury to or death of persons arising from the project, and 1,439
any other insurance the issuer may agree to provide under the 1,440
bond proceedings; 1,441
(K) Sell, lease, release, or otherwise dispose of real and 1,443
personal property or interests therein, or a combination thereof, 1,444
acquired by the issuer under authority of Chapter 165. of the 1,445
Revised Code and no longer needed for the purposes of such 1,446
chapter or of the issuer, and grant such easements and other 1,447
rights in, over, under, or across a project as will not interfere 1,448
with its use of such property. Such sale, lease, release, 1,449
disposition, or grant may be made without competitive bidding and 1,450
in such manner and for such consideration as the issuing 1,451
authority in its judgment deems appropriate;. 1,452
(L) Do all other acts necessary or appropriate to carry 1,454
out those of the purposes of Section 13 of Article VIII, Ohio 1,455
Constitution, that are specified in the first sentence of this 1,456
section, and the purposes of this chapter. 1,457
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 1,459
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 1,460
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 1,461
5301.012 OF THE REVISED CODE.
Sec. 175.04. The Ohio housing finance agency may: 1,470
(A) Adopt bylaws for the conduct of its business; 1,472
(B) Subject to sections 175.05 and 175.06 of the Revised 1,474
Code, purchase and contract to purchase loans or other evidence 1,475
of debt from, and make and contract to make loans to, or through, 1,476
37
lending institutions; 1,477
(C) Procure or require the procurement of insurance 1,479
against any loss in connection with its operations, including 1,480
without limitation the repayment of any loan, in such amounts and 1,481
from such insurers, including, without limitation, the federal 1,482
government, and pay any premiums therefor; 1,483
(D) Arrange for guarantees of its bonds by the federal 1,485
government or by any private insurer or others, and contract, 1,486
arrange for, make, or obtain letters of credit, agreements to 1,487
purchase, repurchase, remarket, and index bonds, investment 1,488
agreements, certificates of deposit, and other arrangements, 1,489
agreements, and instruments related to the security for, or 1,490
application or investment of funds pertaining to, the bonds, and 1,491
pay any premiums or other consideration therefor from the 1,492
proceeds of bonds or other revenues; 1,493
(E) Contract for the administration, origination, and 1,495
servicing of loans; 1,496
(F) Contract with, retain, or designate financial 1,498
consultants, accountants, and such other consultants and 1,499
independent contractors as the agency may determine to be 1,500
necessary or appropriate to carry out the purposes of this 1,501
chapter and to fix the terms thereof; 1,502
(G) Subject to the rights of holders of bonds, collect, 1,504
enforce the collection of, and foreclose on any collateral 1,505
securing loans and acquire or take possession of such collateral 1,506
and sell the same at public or private sale, and otherwise deal 1,507
with such collateral as may be necessary to protect the interest 1,508
of the agency and the holders of bonds; 1,509
(H) Subject to the rights of holders of bonds, consent to 1,511
any modification with respect to the rate of interest, time of 1,512
payment of any installment of principal or interest, security or 1,513
other term of any loan or commitment therefor or agreement of any 1,514
kind to which the agency is a party or beneficiary; 1,515
(I) Charge, alter, and collect fees, interest rates, or 1,517
38
other charges for loans, allocation of loan funds, purchases of 1,518
mortgage loans, processing services, or other services; 1,519
(J) Undertake and carry out or authorize the completion of 1,521
studies and analyses of housing conditions and needs within the 1,522
state relevant to the purpose of this chapter to the extent not 1,523
otherwise undertaken by other departments or agencies of the 1,524
state satisfactory for such purpose; 1,525
(K) Acquire by gift, purchase, foreclosure, or other 1,527
means, and hold, assign, pledge, lease, transfer, or otherwise 1,528
dispose of real and personal property, or any interest therein, 1,529
in the exercise of its powers and the performance of its duties 1,530
under this chapter; 1,531
(L) Receive and accept gifts, grants, loans, or any other 1,533
financial or other form of aid from any federal, state, local, or 1,534
private agency or fund and enter into any contract with any such 1,535
agency or fund in connection therewith, and receive and accept 1,536
aid or contributions from any other source of money, property, 1,537
labor, or things of value, to be held, used, and applied only for 1,538
the purposes for which such grants and contributions are made, 1,539
all within the purposes of this chapter; 1,540
(M) Sue and be sued in its own name with respect to its 1,542
contracts or to enforce this chapter or its obligations or 1,543
covenants made under this chapter; 1,544
(N) Make and enter into all contracts, commitments, and 1,546
agreements, and execute all instruments necessary or incidental 1,547
to the performance of its duties and the execution of its powers 1,548
under this chapter; 1,549
(O) Adopt an official seal; 1,551
(P) In exercising its powers under this chapter, do all of 1,553
the following: 1,554
(1) Make noninterest-bearing advances or commitments 1,556
therefor from the housing development fund and from any other 1,557
sources available for that purpose, but not from the proceeds of 1,558
bonds to sponsors to pay those expenses which are necessary and 1,559
39
proper in connection with the preparation of applications for 1,560
financial assistance for housing developments, which may include 1,561
payments for options to purchase proposed housing development 1,562
sites, deposits on purchase contracts, payments for the purchase 1,563
of development sites, legal, organizational, and marketing 1,564
expenses, project manager and clerical staff salaries, office 1,565
rent, fees for preliminary feasibility studies, planning, 1,566
engineering, and architectural work, application and other fees 1,567
of federal, state, and local agencies. Advances shall be repaid 1,568
and in the event a mortgage loan or other permanent financing 1,569
becomes available to the recipient, whether from the agency or 1,570
any other source, for the cost of the housing development, the 1,571
advance shall be repaid in full to the agency out of such 1,572
proceeds. No advances shall be made unless the agency may 1,573
reasonably anticipate that assisted mortgage financing will be 1,574
obtained for the permanent financing of the development. 1,575
(2) Guarantee the repayment or make commitments to 1,577
guarantee the repayment of a loan or any part of a loan to a 1,578
sponsor, homeowner, or private developer from the agency or any 1,579
approved lender for paying the costs of the development of 1,580
housing for low and moderate income families or for financing 1,581
mortgages for housing for elderly and low or moderate income 1,582
families. The agency may enter into contracts with any lender or 1,583
borrower upon such terms and conditions as it may agree upon with 1,584
the lender or borrower to provide for the administration of the 1,585
loan guaranteed by the agency including applications and terms 1,586
for repayment. A loan so guaranteed shall be declared in default 1,587
after the expiration of a period of nonpayment prescribed by the 1,588
agency. The lender may then apply for payment of the loan or of 1,589
that portion of the loan which is in default. Upon determination 1,590
by the agency that the loan or portion of a loan is in default, 1,591
the agency shall pay from the housing guarantee fund created by 1,592
division (C) of section 175.10 of the Revised Code that amount 1,593
that was subject to guarantee by the agency. 1,594
40
(3) Use the reserve funds of the agency that are not 1,596
raised by taxation and that are not otherwise obligated for debt 1,597
service to guarantee single family mortgage revenue bonds issued 1,598
by the agency.
(4) Make, undertake commitments to make, and participate 1,600
in the making of mortgage loans, including without limitation 1,601
federally insured mortgage loans, and to make temporary loans and 1,602
advances in anticipation of permanent mortgage loans to sponsors, 1,603
homeowners, and private developers to finance the construction or 1,604
rehabilitation of housing developments; provided, however, that 1,605
such loans shall be made only upon the determination by the 1,606
agency that mortgage loans are not otherwise available, wholly or 1,607
in part, from private lenders upon reasonably equivalent terms 1,608
and conditions; 1,609
(5) Provide such technical information, advice, and 1,611
assistance, on obtaining federal and state aid, as will encourage 1,612
or assist the planning, construction, rehabilitation, and 1,613
operation of housing for low and moderate income persons to 1,614
sponsors, homeowners, and private developers. For those 1,615
sponsors, homeowners, and private developers who may be eligible 1,616
for, or who obtain, financial assistance from the agency, or a 1,617
mortgage loan made by a lender under terms and conditions 1,618
established and enforced by the agency, the agency may provide 1,619
information, assistance, or instruction concerning agency 1,620
programs, eligibility requirements, application procedures, and 1,621
other such matters. The costs of such assistance may be paid 1,622
from any sources available to the agency for that purpose, but 1,623
not from the proceeds of bonds. 1,624
(6) Determine income limits for low and moderate income 1,626
persons and establish periodic reviews of income limits, which 1,627
income limits may vary from area to area within the state and 1,628
shall be based upon the factors enumerated in division (G) of 1,629
section 175.01 of the Revised Code; 1,630
(7) Establish, and close out such funds as would be 1,632
41
convenient and appropriate for the carrying out of the purposes 1,633
of Chapter 175. of the Revised Code; 1,634
(8) Invest in, purchase, and take assignments from lenders 1,636
of notes and mortgage loans including federally insured mortgage 1,637
loans or participations with lenders in such notes and mortgage 1,638
loans for the construction, rehabilitation, purchase, leasing, or 1,639
refinancing of housing developments in this state upon the terms 1,640
set forth in section 175.05 of the Revised Code; 1,641
(9) Sell at public or private sale, any mortgage or 1,643
mortgage backed securities held by the agency. 1,644
(Q) Do any and all things necessary or appropriate to 1,646
carry out the purposes and exercise the powers granted in this 1,647
chapter and the purposes of Section 14 of Article VIII, Ohio 1,648
Constitution. 1,649
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 1,651
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 1,652
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 1,653
5301.012 OF THE REVISED CODE.
Sec. 307.12. (A) When EXCEPT AS OTHERWISE PROVIDED IN 1,662
DIVISION (B) OF THIS SECTION, WHEN the board of county 1,663
commissioners finds, by resolution, that the county has personal 1,664
property, including motor vehicles acquired for the use of county 1,665
officers and departments, and road machinery, equipment, tools, 1,666
or supplies, which is not needed for public use, or is obsolete 1,667
or unfit for the use for which it was acquired, and when the fair 1,668
market value of the property to be sold under this division is, 1,669
in the opinion of the board, in excess of two thousand five 1,670
hundred dollars, the board may do either of the following: 1,671
(1) Sell such property at public auction or by sealed bid 1,673
to the highest bidder. Notice of the time, place, and manner of 1,675
the sale shall also be published in a newspaper of general 1,676
circulation in the county at least ten days prior to the sale, 1,678
and a typewritten or printed notice of the time, place, and
manner of the sale shall be posted at least ten days before the 1,679
42
sale in the offices of the county auditor and the board of county 1,680
commissioners.
If a board conducts a sale of personal property by sealed 1,682
bid, the form of the bid shall be as prescribed by the board, and 1,683
each bid shall contain the name of the person submitting it. 1,684
Bids received shall be opened and tabulated at the time stated in 1,685
the notice. The property shall be sold to the highest bidder, 1,686
except that the board may reject all bids and hold another sale, 1,687
by public auction or sealed bid, in the manner prescribed by this 1,688
section. 1,689
(2) Donate any motor vehicle that does not exceed four 1,691
thousand five hundred dollars in value to a nonprofit 1,692
organization exempt from federal income taxation pursuant to 26 1,693
U.S.C. 501(a) and (c)(3) for the purpose of meeting the 1,694
transportation needs of participants in the Ohio works first
program established under Chapter 5107. of the Revised Code and 1,695
participants in the prevention, retention, and contingency 1,696
program established under Chapter 5108. of the Revised Code. 1,697
(B) When the board of county commissioners finds, by 1,699
resolution, that the county has personal property, including 1,700
motor vehicles acquired for the use of county officers and 1,701
departments, and road machinery, equipment, tools, or supplies, 1,702
which is not needed for public use, or is obsolete or unfit for 1,703
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 1,704
of the board, two thousand five hundred dollars or less, the 1,705
board may sell the property by private sale, without 1,706
advertisement or public notification. Notwithstanding 1,707
NOTWITHSTANDING anything to the contrary in division (A) of 1,710
this section and regardless of the property's value, the board 1,711
may sell OR DONATE personal property not needed for public use or 1,713
obsolete or unfit for the use for which it was acquired, 1,714
INCLUDING MOTOR VEHICLES, OF THE COUNTY to the federal 1,715
government, the state, or any political subdivision of the state 1,716
43
without advertisement or public notification.
(C) When a county officer or department head determines 1,718
that county-owned personal property under the jurisdiction of the 1,720
officer or department head, including motor vehicles, road
machinery, equipment, tools, or supplies, is not of immediate 1,721
need, the county officer or department head may notify the board 1,722
of county commissioners, and the board may lease such personal 1,724
property to any municipal corporation, township, or other 1,725
political subdivision of the state. Such lease shall require the 1,726
county to be reimbursed under terms, conditions, and fees 1,727
established by the board of county commissioners, or under
contracts executed by the board. 1,728
(D) Where the board finds, by resolution, that the county 1,730
has vehicles, equipment, or machinery which is not needed, or is 1,731
unfit for public use, and the board desires to sell such 1,732
vehicles, equipment, or machinery to the person or firm from 1,733
which it proposes to purchase other vehicles, equipment, or 1,734
machinery, the board may offer to sell the vehicles, equipment, 1,735
or machinery to such person or firm, and to have such selling 1,736
price credited to the person or firm against the purchase price 1,737
of other vehicles, equipment, or machinery. 1,738
(E) Where the board advertises for bids for the sale of 1,740
new vehicles, equipment, or machinery to the county, it may 1,741
include in the same advertisement a notice of the willingness of 1,742
such board to accept bids for the purchase of county-owned 1,743
vehicles, equipment, or machinery which is obsolete or not needed 1,744
for public use, and to have the amount of such bids subtracted 1,745
from the selling price of the other vehicles, equipment, or 1,746
machinery as a means of determining the lowest responsible 1,747
bidder. 1,748
Sec. 319.201. Whenever the state or any political 1,757
subdivision thereof acquires an easement, right, title, or 1,758
interest in a parcel or part of a parcel of real property, either 1,759
by deed of purchase or by order of court, upon which parcel of 1,760
44
real property the lien for taxes has attached under section 1,761
323.11 or 5727.06 of the Revised Code, the state agency or 1,762
political subdivision acquiring such real property shall file 1,763
evidence of title by purchase or by court order with the county 1,764
auditor of the county in which such property is located. Such 1,765
evidence of title shall contain a reference to the volume and 1,766
page of the recording of the next preceding recorded instrument 1,767
by or through which the grantor or previous property owner 1,768
acquired or claims title. Such evidence of title shall be 1,769
endorsed by the county auditor as provided in section 317.22 of 1,770
the Revised Code, and recorded as other instruments of conveyance 1,771
are recorded. ANY EVIDENCE OF TITLE TO REAL PROPERTY THAT THE 1,772
STATE OR AN AGENCY OF THE STATE FILES PURSUANT TO THIS SECTION 1,773
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND 1,774
BENEFIT OF THE PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE 1,775
REVISED CODE.
All taxes appearing on the current tax duplicate as owing 1,777
on such transferred parcel or part of SUCH parcel of real 1,778
property shall be due and payable as of the date of transfer or 1,779
acquisition of easement, right, or interest, whichever is later. 1,780
Whenever said easement, right, or interest has been 1,782
acquired in a parcel or part of a parcel of real property after 1,783
the lien for taxes has attached and the taxes for said tax lien 1,784
year have not been determined, assessed, and levied for that 1,785
year, the county auditor, upon application of the grantee or the 1,786
grantor or property owner, shall make an estimate of the taxes 1,787
that will be assessed and levied against said parcel for the tax 1,788
lien year. 1,789
If the grantor or property owner has transferred only a 1,791
part of the parcel by easement, right, or interest in or to such 1,792
part of the parcel of real property to the state or a political 1,793
subdivision thereof, the county auditor shall apportion the tax 1,794
valuation of the parcel of real property proportionately between 1,795
the part acquired by the state or the political subdivision and 1,796
45
the residue remaining with the grantor. If such tax valuation of 1,797
the residue remaining with the property owner is sufficient to 1,798
support the taxes that are a lien or that are due and payable, 1,799
the lien for taxes shall attach to the residue part of the 1,800
parcel. If such apportioned assessed valuation of the part of 1,801
the parcel remaining with the grantor or property owner is not 1,802
sufficient to support the taxes on the parcel that are due and 1,803
payable and the proportionate amount of the estimated taxes that 1,804
are a lien but not determined, assessed, and levied, such taxes 1,805
shall immediately be due and payable; provided, that the grantor 1,806
or property owner shall be liable only for that portion of the 1,807
estimated taxes, for the period of the tax lien year preceding 1,808
the transfer or conveyance of the property to the state or the 1,809
political subdivision. 1,810
This section does not change the total amount of taxes, 1,812
special assessments, or other charges as originally levied, or 1,813
the total amount of the balance due. The auditor shall certify 1,814
such apportionments to the county treasurer. 1,815
Section 319.42 of the Revised Code applies to the 1,817
apportionment of special assessments. 1,818
Upon presentation of the executed instrument of conveyance 1,820
of an easement or the order of court conveying or granting such 1,821
an easement for highway purposes together with evidence or proof 1,822
showing that the proportionate amount of taxes, penalties, and 1,823
interest charged against the part of the whole parcel over which 1,824
the easement attaches and the proportionate amount of estimated 1,825
taxes to be levied and assessed against the part of the parcel 1,826
acquired for highway purposes have been paid or provision made 1,827
for the payment thereof, the county auditor shall reduce the tax 1,828
valuation of the parcel to reflect the value of the part or 1,829
portion used or occupied as a public highway in accordance with 1,830
section 5713.04 of the Revised Code. 1,831
The lien for taxes shall thereupon be extinguished as to 1,833
that part or portion acquired and used for public highway 1,834
46
purposes. 1,835
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 1,837
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 1,838
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 1,839
5301.012 OF THE REVISED CODE.
Sec. 901.63. (A) The agricultural financing commission 1,848
shall do both of the following until June 30, 1999: 1,849
(1) Make recommendations to the director of agriculture 1,851
about financial assistance applications made pursuant to sections 1,853
901.80 to 901.83 of the Revised Code. In making its 1,854
recommendations, the commission shall utilize criteria 1,855
established by rules adopted under division (A)(8)(b) of section 1,856
901.82 of the Revised Code. 1,857
(2) Advise the director in the administration of sections 1,859
901.80 to 901.83 of the Revised Code. 1,860
With respect to sections 901.80 to 901.83 of the Revised 1,863
Code, the role of the commission is solely advisory. No officer, 1,864
member, or employee of the commission is liable for damages in a 1,865
civil action for any injury, death, or loss to person or property 1,866
that allegedly arises out of purchasing any loan or providing a 1,867
loan guarantee, failure to purchase a loan or provide a loan 1,868
guarantee, or failure to take action under sections 901.80 to 1,869
901.83 of the Revised Code, or that allegedly arises out of any 1,870
act or omission of the department of agriculture that involves 1,871
those sections. 1,872
(B) The commission may: 1,874
(1) Adopt bylaws for the conduct of its business; 1,876
(2) Exercise all rights, powers, and duties conferred on 1,878
the commission as an issuer under Chapter 902. of the Revised 1,879
Code; 1,880
(3) Contract with, retain, or designate financial 1,882
consultants, accountants, and such other consultants and 1,883
independent contractors as the commission may determine to be 1,884
necessary or appropriate to carry out the purposes of this 1,885
47
chapter and to fix the terms of those contracts; 1,886
(4) Undertake and carry out or authorize the completion of 1,888
studies and analyses of agricultural conditions and needs within 1,889
the state relevant to the purpose of this chapter to the extent 1,890
not otherwise undertaken by other departments or agencies of the 1,891
state satisfactory for such purpose; 1,892
(5) Acquire by gift, purchase, foreclosure, or other 1,894
means, and hold, assign, pledge, lease, transfer, or otherwise 1,895
dispose of real and personal property, or any interest in that 1,897
real and personal property, in the exercise of its powers and the 1,898
performance of its duties under this chapter and Chapter 902. of 1,899
the Revised Code;
(6) Receive and accept gifts, grants, loans, or any other 1,901
financial or other form of aid from any federal, state, local, or 1,902
private agency or fund and enter into any contract with any such 1,903
agency or fund in connection therewith, and receive and accept 1,904
aid or contributions from any other source of money, property, 1,905
labor, or things of value, to be held, used, and applied only for 1,906
the purposes for which such grants and contributions are made, 1,907
all within the purposes of this chapter and Chapter 902. of the 1,908
Revised Code; 1,909
(7) Sue and be sued in its own name with respect to its 1,911
contracts or to enforce this chapter or its obligations or 1,912
covenants made under this chapter and Chapter 902. of the Revised 1,913
Code; 1,914
(8) Make and enter into all contracts, commitments, and 1,916
agreements, and execute all instruments necessary or incidental 1,917
to the performance of its duties and the execution of its powers 1,918
under this chapter and Chapter 902. of the Revised Code; 1,919
(9) Adopt an official seal; 1,921
(10) Do any and all things necessary or appropriate to 1,923
carry out the public purposes and exercise the powers granted to 1,924
the commission in this chapter and Chapter 902. of the Revised 1,925
Code and the public purposes of Section 13 of Article VIII, Ohio 1,926
48
Constitution. 1,927
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 1,929
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 1,930
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 1,931
5301.012 OF THE REVISED CODE.
Sec. 902.03. Section 13 of Article VIII, Ohio 1,940
Constitution, is in part implemented by this chapter in 1,941
furtherance of the public purposes of the state to create or 1,942
preserve jobs and employment opportunities or to improve the 1,943
economic welfare of the people of the state. Any issuer acting 1,944
through its issuing authority may in accordance with Section 13 1,945
of Article VIII, Ohio Constitution: 1,946
(A) Acquire by gift or purchase and hold and mortgage real 1,948
estate and interests therein and personal property to be used as 1,949
a project; 1,950
(B) Purchase, construct, reconstruct, enlarge, improve, 1,952
furnish, and equip and lease, sell, exchange, and otherwise 1,953
dispose of projects including, without limitation, the sale of 1,954
projects by conditional or installment sale under which title may 1,955
pass prior to or after completion of construction of a project or 1,956
payment or provision for payment of all principal of, premium, if 1,957
any, and interest on the bonds, or at any other time provided in 1,958
the agreement pertaining to such sale, and including sale under 1,959
an option to purchase upon agreed terms which may include a price 1,960
which may be a nominal amount or less than true value at the time 1,961
of purchase; 1,962
(C) Issue its bonds pursuant to a composite financing 1,964
arrangement or otherwise to provide funds, by loans or otherwise, 1,965
for acquiring, constructing, reconstructing, enlarging, 1,966
improving, furnishing, or equipping one or more projects or parts 1,967
thereof; 1,968
(D) Subject to division (D)(1) of section 902.04 of the 1,970
Revised Code, issue its bonds pursuant to a composite financing 1,971
arrangement for a group of loans submitted by or through a single 1,972
49
lending institution, or with credit enhancement from a single 1,973
lending institution or other person, to provide funds for 1,974
acquiring, constructing, reconstructing, enlarging, improving, 1,975
furnishing, or equipping one or more projects or parts thereof; 1,976
(E) Make loans for the acquisition, construction, 1,978
reconstruction, enlargement, improvement, furnishing, or 1,979
equipping of projects upon such terms as the issuing authority 1,980
may determine or authorize, including secured or unsecured loans, 1,981
and, in connection therewith, enter into loan agreements and 1,982
other agreements, accept notes or other forms of obligation to 1,983
evidence such indebtedness and security interests to secure such 1,984
indebtedness, and take such action as may be considered by it 1,985
appropriate to protect such security and safeguard against 1,986
losses, including without limitation, foreclosure and the bidding 1,987
upon and purchase of property upon foreclosure or other sale; 1,988
(F) Enter into contracts and execute all instruments 1,990
necessary or appropriate to carry out the purposes of this 1,991
chapter; 1,992
(G) Fix, alter, and collect rentals and other charges for 1,994
the use and occupancy of a project and lease the project to 1,995
others, including a contract with, or the granting of an option 1,996
to the lessee to purchase the project for such price as the 1,997
issuing authority in its sole discretion determines to be 1,998
appropriate, after retirement or redemption, or provision 1,999
therefor, of all the bonds of the issuer issued to provide funds 2,000
for the project; 2,001
(H) Retain, contract with, or employ and fix the 2,003
compensation of financial consultants, appraisers, accounting 2,004
experts, architects, engineers, and other employees, agents, and 2,005
independent contractors as are necessary in the judgment of the 2,006
issuing authority to carry out the provisions of this chapter; 2,007
(I) Pledge, assign, hypothecate, or otherwise encumber as 2,009
security for the bonds, the rentals, revenues, and other income, 2,010
charges, and moneys realized from the use, lease, sale, or other 2,011
50
disposition of one or more projects or parts thereof as may be 2,012
designated in the bond proceedings and enter into trust 2,013
agreements or indentures of mortgage for the benefit of 2,014
bondholders; 2,015
(J) Enter into appropriate arrangements with any federal 2,017
or state department or agency, county, township, municipal 2,018
corporation, or other political subdivision, taxing district or 2,019
public body or agency for the planning and installation of 2,020
streets, roads, alleys, water supply and distribution facilities, 2,021
storm and sanitary sewage collection and disposal facilities, and 2,022
other necessary appurtenances to a project; 2,023
(K) Purchase fire and extended coverage and liability 2,025
insurance for a project, insurance protecting the issuer and its 2,026
officers and employees against liability for damage to property 2,027
or injury to or death of persons arising from the project, and 2,028
any other insurance the issuer may agree to provide under the 2,029
bond proceedings; 2,030
(L) Sell, lease, release, or otherwise dispose of real and 2,032
personal property or interests therein, or a combination thereof, 2,033
acquired by the issuer under authority of this chapter, and grant 2,034
such easements and other rights in, over, under, or across a 2,035
project as will not interfere with its use of such property, 2,036
which sale, lease, release, disposition, or grant may be made 2,037
without competitive bidding and in such manner and for such 2,038
consideration as the issuing authority in its judgment deems 2,039
appropriate; 2,040
(M) Purchase and contract to purchase loans or other 2,042
evidence of debt from, and make and contract to make loans to or 2,043
through lending institutions; 2,044
(N) Procure or require the procurement of insurance 2,046
against any loss in connection with its operations, including 2,047
without limitation the repayment of any loan, in such amount and 2,048
from such insurers, including without limitation, the federal 2,049
government, and pay any premiums therefor; 2,050
51
(O) Arrange for guarantees of its bonds by the federal 2,052
government or by any private insurer or others, and contract, 2,053
arrange for, make, or obtain letters of credit, agreements to 2,054
purchase, repurchase, remarket, and index bonds, investment 2,055
agreements, certificates of deposit, and other arrangements, 2,056
agreements, and instruments related to the security for, or 2,057
application or investment of funds pertaining to, bonds and pay 2,058
any premiums or other consideration therefor from the proceeds of 2,059
bonds or other revenues; 2,060
(P) Enter into reimbursement agreements, credit 2,062
agreements, escrow agreements and such other contracts and 2,063
agreements as appropriate, do all things necessary or appropriate 2,064
and permitted by law to carry out such agreements, arrangements, 2,065
and contracts, including the issuance of bonds in consideration 2,066
of advances made under such agreements, arrangements, and 2,067
contracts, and assign or direct the assignment of the right of 2,068
the issuer with respect to such credit facilities and authorize 2,069
its designated agents to draw upon such credit facilities; 2,070
(Q) Contract for the administration, origination, and 2,072
servicing of loans and determine rates, fees, charges, and other 2,073
terms and conditions in connection therewith; 2,074
(R) Subject to the rights of holders of bonds, collect, 2,076
enforce the collection of, and foreclose on any collateral 2,077
securing loans and acquire or take possession of such collateral 2,078
and sell the same at public or private sale, and otherwise deal 2,079
with such collateral as may be necessary to protect the interests 2,080
of the issuer and the holders of bonds; 2,081
(S) Subject to the rights of holders of bonds, consent to 2,083
any modification with respect to the rate of interest, time of 2,084
payment or any installment of principal or interest, security or 2,085
other term of any loan or commitment therefor or agreement of any 2,086
kind to which the issuer is a party or beneficiary; 2,087
(T) Fix, charge, alter, and collect fees, interest rates, 2,089
or other charges on bonds, loans, the allocation of loan funds, 2,090
52
purchases of mortgage loans, processing services, or other 2,091
services; 2,092
(U) Do all other acts necessary or appropriate to carry 2,094
out the public purposes of Section 13 of Article VIII, Ohio 2,095
Constitution, and this chapter. 2,096
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,098
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,099
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,100
5301.012 OF THE REVISED CODE.
Sec. 991.07. The Ohio expositions commission may, with the 2,109
consent and approval of the department of administrative services 2,110
and the controlling board, acquire by purchase or by 2,111
appropriation proceedings in the name of and on behalf of the 2,112
state such real estate as it deems necessary for the purpose of 2,113
enlarging the present fair site and increasing the facilities of
the lands under the management or maintenance of the commission. 2,114
The authority to appropriate property shall be exercised in the 2,115
manner provided in sections 163.01 to 163.22 of the Revised Code. 2,116
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,118
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,119
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,120
5301.012 OF THE REVISED CODE.
Sec. 1501.01. Except where otherwise expressly provided, 2,129
the director of natural resources shall formulate and institute 2,130
all the policies and programs of the department of natural 2,131
resources. The chief of any division of the department shall not 2,132
enter into any contract, agreement, or understanding unless it is 2,133
approved by the director. 2,134
The director shall correlate and coordinate the work and 2,136
activities of the divisions in his THE department to eliminate 2,137
unnecessary duplications of effort and overlapping of functions. 2,138
The chiefs of the various divisions of the department shall meet 2,139
with the director at least once each month at a time and place 2,140
designated by the director. 2,141
53
The director may create advisory boards to any of those 2,143
divisions in conformity with section 121.13 of the Revised Code. 2,144
The director may accept and expend gifts, devises, and 2,146
bequests of money, lands, and other properties on behalf of the 2,147
department or any division thereof under the terms set forth in 2,148
section 9.20 of the Revised Code. Any political subdivision of 2,149
this state may make contributions to the department for the use 2,150
of the department or any division therein according to the terms 2,151
of the contribution. 2,152
The director may publish and sell or otherwise distribute 2,154
data, reports, and information. 2,155
The director shall adopt rules in accordance with Chapter 2,157
119. of the Revised Code to permit the department to accept by 2,158
means of a credit card the payment of fees, charges, and rentals 2,159
at those facilities described in section 1501.07 of the Revised 2,160
Code that are operated by the department, for any data, reports, 2,161
or information sold by the department, and for any other goods or 2,162
services provided by the department. 2,163
Whenever authorized by the governor to do so, the director 2,165
may appropriate property for the uses and purposes authorized to 2,166
be performed by the department and on behalf of any division 2,167
within the department. This authority shall be exercised in the 2,168
manner provided in sections 163.01 to 163.22 of the Revised Code 2,169
for the appropriation of property by the director of 2,170
administrative services. This authority to appropriate property 2,171
is in addition to the authority provided by law for the 2,172
appropriation of property by divisions of the department. The 2,173
director of natural resources also may acquire by purchase, 2,174
lease, or otherwise such real and personal property rights or 2,175
privileges in the name of the state as are necessary for the 2,176
purposes of the department or any division therein. The 2,177
director, with the approval of the governor and the attorney 2,178
general, may sell, lease, or exchange portions of lands or 2,179
property, real or personal, of any division of the department or 2,180
54
grant easements or licenses for the use thereof, or enter into 2,181
agreements for the sale of water from lands and waters under the 2,182
administration or care of the department or any of its divisions, 2,183
when the sale, lease, exchange, easement, agreement, or license 2,184
for use is advantageous to the state, provided that such approval 2,185
is not required for leases and contracts made under sections 2,186
1501.07, 1501.09, 1507.12, or 1520.03 or Chapter 1523. of the 2,187
Revised Code. Water may be sold from a reservoir only to the 2,188
extent that the reservoir was designed to yield a supply of water 2,189
for a purpose other than recreation or wildlife, and the water 2,190
sold is in excess of that needed to maintain the reservoir for 2,191
purposes of recreation or wildlife. 2,192
Money received from such sales, leases, easements, 2,194
exchanges, agreements, or licenses for use, except revenues 2,195
required to be set aside or paid into depositories or trust funds 2,196
for the payment of bonds issued under sections 1501.12 to 1501.15 2,197
of the Revised Code, and to maintain the required reserves 2,198
therefor as provided in the orders authorizing the issuance of 2,199
such bonds or the trust agreements securing such bonds, revenues 2,200
required to be paid and credited pursuant to the bond proceeding 2,201
applicable to obligations issued pursuant to section 154.22, and 2,202
revenues generated under section 1520.05 of the Revised Code, 2,203
shall be deposited in the state treasury to the credit of the 2,204
fund of the division of the department having prior jurisdiction 2,205
over the lands or property. If no such fund exists, the money 2,206
shall be credited to the general revenue fund. All such money 2,207
received from lands or properties administered by the division of 2,208
wildlife shall be credited to the wildlife fund. 2,209
The director shall provide for the custody, safekeeping, 2,211
and deposit of all moneys, checks, and drafts received by the 2,212
department or its employees prior to paying them to the treasurer 2,213
of state under section 113.08 of the Revised Code. 2,214
The director shall cooperate with the nature conservancy, 2,216
other nonprofit organizations, and the United States fish and 2,217
55
wildlife service in order to secure protection of islands in the 2,218
Ohio river and the wildlife and wildlife habitat of those 2,219
islands. 2,220
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,222
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,223
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,224
5301.012 OF THE REVISED CODE.
Sec. 1514.301. ANY INSTRUMENT BY WHICH REAL PROPERTY IS 2,226
ACQUIRED PURSUANT TO SECTION 1514.30 OF THE REVISED CODE SHALL 2,227
IDENTIFY ANY AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF 2,228
THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED 2,229
CODE.
Sec. 1515.08. The supervisors of a soil and water 2,238
conservation district have the following powers in addition to 2,239
their other powers: 2,240
(A) To conduct surveys, investigations, and research 2,242
relating to the character of soil erosion, floodwater and 2,243
sediment damages, and the preventive and control measures and 2,244
works of improvement for flood prevention and the conservation, 2,245
development, utilization, and disposal of water needed within the 2,246
district, and to publish the results of those surveys, 2,247
investigations, or research, provided that no district shall 2,248
initiate any research program except in cooperation or after 2,249
consultation with the Ohio agricultural research and development 2,250
center; 2,251
(B) To develop plans for the conservation of soil 2,253
resources, for the control and prevention of soil erosion, and 2,254
for works of improvement for flood prevention and the 2,255
conservation, development, utilization, and disposal of water 2,256
within the district, and to publish those plans and information; 2,257
(C) To implement, construct, repair, maintain, and operate 2,259
preventive and control measures and other works of improvement 2,260
for natural resource conservation and development and flood 2,261
prevention, and the conservation, development, utilization, and 2,262
56
disposal of water within the district on lands owned or 2,263
controlled by this state or any of its agencies and on any other 2,264
lands within the district, which works may include any facilities 2,265
authorized under state or federal programs, and to acquire, by 2,266
purchase or gift, to hold, encumber, or dispose of, and to lease 2,267
real and personal property or interests in such property for 2,268
those purposes; 2,269
(D) To cooperate or enter into agreements with any 2,271
occupier of lands within the district in the carrying on of 2,272
natural resource conservation operations and works of improvement 2,273
for flood prevention and the conservation, development, 2,274
utilization, and management of natural resources within the 2,275
district, subject to such conditions as the supervisors consider 2,276
necessary; 2,277
(E) To accept donations, gifts, grants, and contributions 2,279
in money, service, materials, or otherwise, and to use or expend 2,280
them according to their terms; 2,281
(F) To adopt, amend, and rescind rules to carry into 2,283
effect the purposes and powers of the district; 2,284
(G) To sue and plead in the name of the district, and be 2,286
sued and impleaded in the name of the district, with respect to 2,287
its contracts and, as indicated in section 1515.081 of the 2,288
Revised Code, certain torts of its officers, employees, or agents 2,289
acting within the scope of their employment or official 2,290
responsibilities, or with respect to the enforcement of its 2,291
obligations and covenants made under this chapter; 2,292
(H) To make and enter into all contracts, leases, and 2,294
agreements and execute all instruments necessary or incidental to 2,295
the performance of the duties and the execution of the powers of 2,296
the district under this chapter, provided that all of the 2,297
following apply: 2,298
(1) Except as provided in section 307.86 of the Revised 2,300
Code regarding expenditures by boards of county commissioners, 2,301
when the cost under any such contract, lease, or agreement, other 2,303
57
than compensation for personal services or rental of office 2,304
space, involves an expenditure of more than the amount
established in that section regarding expenditures by boards of 2,306
county commissioners, the supervisors shall make a written
contract with the lowest and best bidder after advertisement, for 2,308
not less than two nor more than four consecutive weeks preceding 2,309
the day of the opening of bids, in a newspaper of general 2,310
circulation within the district and in such other publications as 2,311
the supervisors determine. The notice shall state the general 2,312
character of the work and materials to be furnished, the place 2,313
where plans and specifications may be examined, and the time and 2,314
place of receiving bids. 2,315
(2) Each bid for a contract shall contain the full name of 2,317
every person interested in it; 2,318
(3) Each bid for a contract for the construction, 2,320
demolition, alteration, repair, or reconstruction of an 2,321
improvement shall meet the requirements of section 153.54 of the 2,322
Revised Code; 2,323
(4) Each bid for a contract, other than a contract for the 2,325
construction, demolition, alteration, repair, or reconstruction 2,326
of an improvement, at the discretion of the supervisors, may be 2,327
accompanied by a bond or certified check on a solvent bank in an 2,328
amount not to exceed five per cent of the bid, conditioned that, 2,329
if the bid is accepted, a contract shall be entered into; 2,330
(5) The supervisors may reject any and all bids. 2,332
(I) To make agreements with the department of natural 2,334
resources giving it control over lands of the district for the 2,335
purpose of construction of improvements by the department under 2,336
section 1501.011 of the Revised Code; 2,337
(J) To charge, alter, and collect rentals and other 2,339
charges for the use or services of any works of the district; 2,340
(K) To enter, either in person or by designated 2,342
representatives, upon lands, private or public, in the necessary 2,343
discharge of their duties; 2,344
58
(L) To enter into agreements or contracts with the 2,346
department for the determination, implementation, inspection, and 2,347
funding of agricultural pollution abatement and urban sediment 2,348
pollution abatement measures whereby landowners, operators, 2,349
managers, and developers may meet adopted state standards for a 2,350
quality environment, except that failure of a district board of 2,351
supervisors to negotiate an agreement or contract with the 2,352
department shall authorize the division of soil and water 2,353
conservation to implement the required program; 2,354
(M) To conduct demonstrations and provide information to 2,356
the public regarding practices and methods for natural resource 2,357
conservation, development, and utilization; 2,358
(N) Until June 1, 1996, to conduct surveys and 2,360
investigations relating to the incidence of the multiflora rose 2,361
within the district and of the nature and extent of the adverse 2,362
effects of the multiflora rose on agriculture, forestry, 2,363
recreation, and other beneficial land uses; 2,364
(O) Until June 1, 1996, to develop plans for the control 2,366
of the multiflora rose within the district and to publish those 2,367
plans and information related to control of the multiflora rose; 2,368
(P) Until June 1, 1996, to enter into contracts or 2,370
agreements with the chief of the division of soil and water 2,371
conservation to implement and administer a program for control of 2,372
the multiflora rose and to receive and expend funds provided by 2,373
the chief for that purpose; 2,374
(Q) Until June 1, 1996, to enter into cost-sharing 2,376
agreements with landowners for control of the multiflora rose. 2,377
Before entering into any such agreement, the board of supervisors 2,378
shall determine that the landowner's application meets the 2,379
eligibility criteria established under division (E)(6) of section 2,380
1511.02 of the Revised Code. The cost-sharing agreements shall 2,381
contain the contract provisions required by the rules adopted 2,382
under that division and such other provisions as the board of 2,383
supervisors considers appropriate to ensure effective control of 2,384
59
the multiflora rose. 2,385
(R) To enter into contracts or agreements with the chief 2,387
to implement and administer a program for urban sediment 2,388
pollution abatement and to receive and expend moneys provided by 2,389
the chief for that purpose; 2,390
(S) To develop operation and management plans, as defined 2,392
in section 1511.01 of the Revised Code, as necessary; 2,393
(T) To determine whether operation and management plans 2,395
developed under division (A) of section 1511.021 of the Revised 2,396
Code comply with the standards established under division (E)(1) 2,397
of section 1511.02 of the Revised Code and to approve or 2,398
disapprove the plans, based on such compliance. If an operation 2,399
and management plan is disapproved, the board shall provide a 2,400
written explanation to the person who submitted the plan. The 2,401
person may appeal the plan disapproval to the chief, who shall 2,402
afford the person a hearing. Following the hearing, the chief 2,403
shall uphold the plan disapproval or reverse it. If the chief 2,404
reverses the plan disapproval, the plan shall be deemed approved 2,405
under this division. In the event that any person operating or 2,406
owning agricultural land or a concentrated animal feeding 2,407
operation in accordance with an approved operation and management 2,408
plan who, in good faith, is following that plan, causes 2,409
agricultural pollution, the plan shall be revised in a fashion 2,410
necessary to mitigate the agricultural pollution, as determined 2,411
and approved by the board of supervisors of the soil and water 2,412
conservation district. 2,413
(U) With regard to composting conducted in conjunction 2,415
with agricultural operations, to do all of the following: 2,416
(1) Upon request or upon their own initiative, inspect 2,418
composting at any such operation to determine whether the 2,419
composting is being conducted in accordance with section 1511.022 2,420
of the Revised Code; 2,421
(2) If the board determines that composting is not being 2,423
so conducted, request the chief to issue an order under division 2,424
60
(H) of section 1511.02 of the Revised Code requiring the person 2,425
who is conducting the composting to prepare a composting plan in 2,426
accordance with rules adopted under division (E)(10)(c) of that 2,427
section and to operate in accordance with that plan or to operate 2,428
in accordance with a previously prepared plan, as applicable; 2,429
(3) In accordance with rules adopted under division 2,431
(E)(10)(c) of section 1511.02 of the Revised Code, review and 2,432
approve or disapprove any such composting plan. If a plan is 2,433
disapproved, the board shall provide a written explanation to the 2,434
person who submitted the plan. 2,435
As used in division (U) of this section, "composting" has 2,438
the same meaning as in section 1511.01 of the Revised Code.
(V) To do all acts necessary or proper to carry out the 2,440
powers granted in this chapter. 2,441
The director of natural resources shall make 2,443
recommendations to reduce the adverse environmental effects of 2,444
each project that a soil and water conservation district plans to 2,445
undertake under division (A), (B), (C), or (D) of this section 2,446
and that will be funded in whole or in part by moneys authorized 2,447
under section 1515.16 of the Revised Code and shall disapprove 2,448
any such project that the director finds will adversely affect 2,450
the environment without equal or greater benefit to the public. 2,451
The director's disapproval or recommendations, upon the request 2,452
of the district filed in accordance with rules adopted by the 2,453
Ohio soil and water conservation commission, shall be reviewed by 2,454
the commission, which may confirm the director's decision, modify 2,455
it, or add recommendations to or approve a project the director 2,456
has disapproved. 2,457
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,459
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,460
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,461
5301.012 OF THE REVISED CODE.
Sec. 1517.17. The chief of the division of natural areas 2,470
and preserves may administer federal financial assistance 2,472
61
programs for wild, scenic, and recreational river areas.
The director of natural resources may make a lease or 2,474
agreement with a political subdivision to administer all or part 2,476
of a wild, scenic, or recreational river area.
The director may acquire real property or any estate, 2,478
right, or interest therein for protection and public recreational 2,479
use as a wild, scenic, or recreational river area. 2,480
The chief may expend funds for the acquisition, protection, 2,482
construction, maintenance, and administration of real property 2,483
and public use facilities in wild, scenic, or recreational river 2,484
areas when the funds are so appropriated by the general assembly. 2,485
The chief may condition such expenditures, acquisition of land or 2,486
easements, or construction of facilities within a wild, scenic, 2,487
or recreational river area upon adoption and enforcement of
adequate floodplain zoning rules. 2,488
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,490
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,491
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,492
5301.012 OF THE REVISED CODE.
Sec. 1519.02. The director of natural resources may 2,501
acquire real property or any estate, right, or interest therein 2,502
for the purpose of establishing, protecting, and maintaining any 2,503
state recreational trail. The director may appropriate real 2,504
property or any estate, right, or interest therein for trail
purposes only along a canal, watercourse, stream, existing or 2,505
abandoned road, highway, street, logging road, railroad, or ridge 2,506
or other landform or topographic feature particularly suited for 2,507
nonmotorized vehicular recreational use, and may not appropriate 2,508
more than twenty-five acres including land purchased with or 2,509
without appropriation proceedings along any mile of trail. Any 2,510
state department or agency or any political subdivision may 2,511
transfer real property or any estate, right, or interest therein
to the director for such purpose, or may enter into an agreement 2,512
with the director for the establishment, protection, and 2,513
62
maintenance of a trail. The director may transfer real property 2,514
or any estate, right, or interest therein to any political 2,515
subdivision pursuant to an agreement whereby the political
subdivision maintains and protects a trail. The director may 2,516
enter into agreements with private organizations or with agencies 2,517
of the United States to provide for maintenance of any trail or 2,518
section thereof. He THE DIRECTOR shall provide campsites, 2,520
shelters, footbridges, water, sanitary, watercraft launching, and
other facilities for recreational use, nature and historical 2,521
interpretation, and administration of the state trails system. 2,522
He THE DIRECTOR may cooperate with the director of highways 2,524
TRANSPORTATION in providing appropriate means for trails to cross 2,525
highways. The director may restore historical sites along a 2,526
trail. He THE DIRECTOR shall publish and distribute maps, 2,528
guides, pamphlets, and other interpretative literature on the 2,529
state trails system and on individual trails which he THE 2,530
DIRECTOR considers suitable for extensive public use. 2,531
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,533
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,534
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,535
5301.012 OF THE REVISED CODE.
Sec. 1523.01. In addition to all other powers granted to 2,544
and duties devolving upon the chief of the division of water, 2,545
when in his THE CHIEF'S judgment it is for the public welfare and 2,547
the best interests of the citizens of the state that the surplus, 2,548
flood, and other waters of any of the watersheds, rivers, 2,549
streams, watercourses, or public waters should be conserved, 2,550
impounded, and stored in order to insure and promote the public 2,551
health, welfare, and safety and to encourage and promote 2,552
agriculture, commerce, manufacturing, and other public purposes, 2,553
such chief shall proceed in furtherance of the purposes of 2,554
sections 1523.01 to 1523.13 of the Revised Code, and for the 2,555
preservation of the use of such waters for navigation, in case 2,556
such waters are required for navigation, to construct such 2,557
63
reservoirs, dams, storage basins, dikes, canals, raceways, and 2,558
other improvements as are necessary for such purposes, or he THE 2,559
CHIEF may make additions to, enlarge, and make alterations in and 2,561
upon such reservoirs, dams, storage basins, dikes, canals, 2,562
raceways, and other improvements already in existence and 2,563
constituting a part of the public works, as are necessary for 2,564
such purposes. Any rights or privileges granted by sections 2,565
1523.01 to 1523.13 of the Revised Code, shall not interfere with 2,566
the control and maintenance of the state reservoirs or public 2,567
parks which have been dedicated to the public for purposes of 2,568
recreation and pleasure.
Said chief, subject to the written approval of the director 2,570
of natural resources and the governor, may acquire by gift, 2,571
purchase, or by appropriation proceedings, in the name of and on 2,572
behalf of the state, such real and personal property, rights, 2,573
privileges, and appurtenances as are necessary in his THE CHIEF'S 2,575
judgment for the construction of such reservoirs, dams, storage 2,576
basins, dikes, canals, raceways, and other improvements, or for 2,577
the alteration, enlargement, or maintenance of existing 2,578
reservoirs, dams, and other improvements, together with such 2,579
rights of way, drives, and roadways as are necessary for 2,580
convenient access thereto. The appropriation proceedings 2,581
referred to in this section shall be restricted to private 2,582
property only.
Before proceeding to purchase or appropriate any such 2,584
property or rights, the cost of which, together with the land or 2,585
real estate necessary upon which to locate and construct such 2,586
improvements, including damages to remaining property, is in 2,587
excess of one thousand dollars, the chief shall prepare plans, 2,588
specifications, and estimates of such cost, including all 2,589
material and labor therefor, together with the cost of such land 2,590
or real estate and damages, and shall thereupon submit such 2,591
plans, specifications, and estimates to the director, who in turn 2,592
shall submit them to the governor for approval. 2,593
64
The governor shall thereupon publish written notice once a 2,595
week for two consecutive weeks in a newspaper published in and of 2,596
general circulation in the counties where any such improvements 2,597
are proposed to be constructed, setting forth the location and 2,598
character of the proposed improvements, that the plans, 2,599
specifications, and estimates therefor are on file in his THE 2,600
GOVERNOR'S office, and that objections thereto will be heard by 2,602
him THE GOVERNOR on a day to be named in said notice, which day 2,604
shall be not less than ten nor more than twenty days after the 2,605
first publication thereof. Within thirty days after the date 2,606
fixed for said hearing, the governor shall return such plans, 2,607
specifications, and estimates to the director, with his THE 2,608
GOVERNOR'S written approval or rejection thereof indorsed 2,609
thereon. The director shall immediately return such plans, 2,610
specifications, and estimates, together with the governor's 2,611
indorsement thereon, to the chief. 2,612
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,614
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,615
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,616
5301.012 OF THE REVISED CODE.
Sec. 1545.12. If (A) EXCEPT AS PROVIDED IN DIVISION (B) 2,626
OF THIS SECTION, IF the board of park commissioners finds that 2,627
any lands which they have THAT IT HAS acquired are not necessary 2,628
for the purposes for which they were acquired by such THE board, 2,629
it may sell and dispose of such THE lands upon such terms as the 2,632
board deems CONSIDERS advisable. The board may also MAY lease or 2,634
permit the use of any lands for purposes not inconsistent with 2,636
the purposes for which such THE lands were acquired, and upon 2,637
such terms as the board deems CONSIDERS advisable. No lands 2,639
shall be sold PURSUANT TO THIS DIVISION without first giving 2,640
notice of the board's intention to sell such THE lands by 2,641
publication once a week for four consecutive weeks in not less 2,643
than two English newspapers of general circulation in such THE 2,644
district. Such THE notice shall contain an accurate description 2,646
65
of the lands in question and shall state the time and place at 2,647
which sealed bids will be received for the purchase thereof OF 2,648
THE LANDS, and such THE lands shall not thereafter be sold at 2,650
private sale for less than the best and highest bid so received 2,651
without giving further notice as specified in this section 2,652
DIVISION.
(B)(1) AFTER COMPLIANCE WITH DIVISION (B)(2) OF THIS 2,654
SECTION, THE BOARD OF PARK COMMISSIONERS MAY SELL LAND UPON TERMS 2,655
THE BOARD CONSIDERS ADVISABLE TO ANY PARK DISTRICT ESTABLISHED 2,656
UNDER SECTION 511.18 OR CHAPTER 1545. OF THE REVISED CODE, ANY 2,657
POLITICAL SUBDIVISION OF THE STATE, THE STATE OR ANY DEPARTMENT 2,658
OR AGENCY OF THE STATE, OR ANY DEPARTMENT OR AGENCY OF THE 2,659
FEDERAL GOVERNMENT FOR CONSERVATION USES OR FOR PARK OR
RECREATION PURPOSES WITHOUT THE NECESSITY OF HAVING TO COMPLY 2,660
WITH DIVISION (A) OF THIS SECTION. 2,661
(2) BEFORE THE BOARD OF PARK COMMISSIONERS MAY SELL LAND 2,663
UNDER DIVISION (B)(1) OF THIS SECTION, THE BOARD SHALL OFFER THE 2,664
LAND FOR SALE TO EACH OF THE FOLLOWING PUBLIC AGENCIES THAT IS 2,665
AUTHORIZED TO ACQUIRE, DEVELOP, AND MAINTAIN LAND FOR 2,666
CONSERVATION USES OR FOR PARK OR RECREATION PURPOSES: EACH PARK 2,667
DISTRICT ESTABLISHED UNDER SECTION 511.18 OR CHAPTER 1545. OF THE 2,668
REVISED CODE OR POLITICAL SUBDIVISION IN WHICH THE LAND IS
LOCATED, EACH PARK DISTRICT THAT IS SO ESTABLISHED AND THAT 2,669
ADJOINS OR EACH POLITICAL SUBDIVISION THAT ADJOINS A PARK 2,670
DISTRICT SO ESTABLISHED OR POLITICAL SUBDIVISION IN WHICH THE
LAND IS LOCATED, AND EACH AGENCY OR DEPARTMENT OF THE STATE OR OF 2,672
THE FEDERAL GOVERNMENT THAT OPERATES PARKS OR CONSERVATION OR 2,673
RECREATION AREAS NEAR THE LAND. THE BOARD SHALL MAKE THE OFFER 2,674
BY GIVING A WRITTEN NOTICE THAT THE LAND IS AVAILABLE FOR SALE, 2,675
BY FIRST CLASS MAIL, TO THESE PUBLIC AGENCIES. A FAILURE OF
DELIVERY OF THE WRITTEN NOTICE TO ANY OF THESE PUBLIC AGENCIES 2,676
DOES NOT INVALIDATE ANY PROCEEDINGS FOR THE SALE OF LAND UNDER 2,677
THIS DIVISION. ANY PUBLIC AGENCY THAT IS SO NOTIFIED AND THAT 2,678
WISHES TO PURCHASE THE LAND SHALL MAKE AN OFFER TO THE BOARD IN 2,679
66
WRITING NOT LATER THAN SIXTY DAYS AFTER RECEIVING THE WRITTEN 2,680
NOTICE.
IF THERE IS ONLY ONE OFFER TO PURCHASE THE LAND MADE IN 2,682
THAT SIXTY-DAY PERIOD, THE BOARD NEED NOT HOLD A PUBLIC HEARING 2,683
ON THE OFFER. THE BOARD SHALL ACCEPT THE OFFER ONLY IF IT 2,684
DETERMINES THAT ACCEPTANCE OF THE OFFER WILL RESULT IN THE BEST 2,685
PUBLIC USE OF THE LAND.
IF THERE IS MORE THAN ONE OFFER TO PURCHASE THE LAND MADE 2,687
IN THAT SIXTY-DAY PERIOD, THE BOARD SHALL NOT ACCEPT ANY OFFER 2,689
UNTIL THE BOARD HOLDS A PUBLIC HEARING ON THE OFFERS. IF, AFTER 2,690
THE HEARING, THE BOARD DECIDES TO ACCEPT AN OFFER, IT SHALL
ACCEPT THE OFFER THAT IT DETERMINES WILL RESULT IN THE BEST 2,691
PUBLIC USE OF THE LAND.
(C) No such lands shall be sold UNDER THIS SECTION at 2,693
either public or private sale without the approval of the probate 2,695
court of the county in which such THE lands are situated. 2,696
Sec. 1551.12. The director of development may: 2,705
(A) Seek, solicit, or acquire personal property or any 2,707
estate, interest, or right in real property, or services, funds, 2,708
and other things of value of any kind or character by purchase, 2,709
lease, gift, grant, contribution, exchange, or otherwise from any 2,710
person or governmental agency to be held, used, and applied in 2,711
accordance with and for the purposes of this chapter; 2,712
(B) Contract for the operation of, and establish rules for 2,714
the use of, facilities over which he THE DIRECTOR has supervision 2,716
or control, which rules may include the limitation of ingress to 2,717
or egress from such facilities as may be necessary to maintain 2,718
the security of such facilities and to provide for the safety of 2,719
those on the premises of such facilities; 2,720
(C) Purchase such fire and extended coverage insurance and 2,722
insurance protecting against liability for damage to property or 2,723
injury to or death of persons as the director may consider 2,724
necessary and proper under this chapter; 2,725
(D) Sponsor, conduct, assist, and encourage conferences, 2,727
67
seminars, meetings, institutes, and other forms of meetings; 2,728
authorize, prepare, publish, and disseminate any form of studies, 2,729
reports, and other publications; originate, prepare, and assist 2,730
proposals for the expenditure or granting of funds by any 2,731
governmental agency or person for purposes of energy resource 2,732
development; and investigate, initiate, sponsor, participate in, 2,733
and assist with cooperative activities and programs involving 2,734
governmental agencies and other entities of other states and 2,735
jurisdictions; 2,736
(E) Do all acts and things necessary and proper to carry 2,738
out the powers granted and the duties imposed by this chapter; 2,739
(F) Make grants of funds to any person, organization, or 2,741
governmental agency of the state for the furnishing of goods or 2,742
performance of services. 2,743
Any person or governmental agency that receives funds from 2,745
the department of development, or utilizes the facilities of the 2,746
department under this chapter shall agree in writing that all 2,747
know-how, trade secrets, and other forms of property, rights, and 2,748
interest arising out of developments, discoveries, or inventions, 2,749
including patents, copyrights, or royalties thereon, which result 2,750
in whole or in part from research, studies, or testing conducted 2,751
by use of such funds or facilities shall be the sole property of 2,752
the department, except as may be otherwise negotiated and 2,753
provided by contract in advance of such research, studies, or 2,754
testing. However, such exceptions do not apply to the director 2,755
or employees of the department participating in or performing 2,756
research, tests, or studies. 2,757
Rights retained by the department may be assigned, 2,759
licensed, transferred, sold, or otherwise disposed of, in whole 2,760
or in part, to any person or governmental agency. Except as 2,761
otherwise provided in section 1551.36 of the Revised Code, any 2,762
and all income, royalties, or proceeds derived or retained from 2,763
such dispositions shall be paid to the state and credited to the 2,764
general revenue fund. 2,765
68
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,767
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,768
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,769
5301.012 OF THE REVISED CODE.
Sec. 3301.481. ANY INSTRUMENT BY WHICH REAL PROPERTY IS 2,771
ACQUIRED PURSUANT TO SECTION 3301.48 OF THE REVISED CODE SHALL 2,772
IDENTIFY ANY AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF 2,773
THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED 2,774
CODE.
Sec. 3354.09. The board of trustees of a community college 2,780
district may: 2,781
(A) Own and operate a community college, pursuant to an 2,783
official plan prepared and approved in accordance with section 2,784
3354.07 of the Revised Code, or enter into a contract with a 2,785
generally accredited public university or college for operation 2,786
of such community college by such university or college pursuant 2,787
to an official plan prepared and approved in accordance with 2,788
section 3354.07 of the Revised Code; 2,789
(B) Hold, encumber, control, acquire by donation, 2,791
purchase, or condemnation, construct, own, lease, use, and sell 2,792
real and personal property as is necessary for the conduct of the 2,793
program of the community college on whatever terms and for 2,794
whatever consideration may be appropriate for the purpose of the 2,795
college; 2,796
(C) Accept gifts, grants, bequests, and devises absolutely 2,798
or in trust for support of the college during the existence of 2,799
the college; 2,800
(D) Appoint the administrative officers, faculty, and 2,802
staff, necessary and proper for such community college, and fix 2,803
their compensation except in instances in which the board of 2,804
trustees has delegated such powers to a college or university 2,805
operating such community college pursuant to a contract entered 2,806
into by the board of trustees of the district; 2,807
(E) Provide for a community college necessary lands, 2,809
69
buildings or other structures, equipment, means, and appliances; 2,810
(F) Develop and adopt, pursuant to the official plan, the 2,812
curricular programs identified in section 3354.01 of the Revised 2,813
Code as arts and sciences programs and technical programs, or 2,814
either. Such programs may include adult-education programs. 2,815
(G) Except as provided in section 3333.17 of the Revised 2,817
Code, establish schedules of fees and tuition for students who 2,818
are residents of the district, residents of Ohio but not of the 2,819
district, and students who are nonresidents of Ohio. The 2,820
establishment of rules governing the determination of residence 2,821
shall be subject to approval of the Ohio board of regents. 2,822
Students who are nonresidents of Ohio shall be required to pay 2,823
higher rates of fees and tuition than the rates required of 2,824
students who are residents of Ohio but not of the district, and 2,825
students who are residents of the district shall pay a smaller 2,826
tuition and fee rate than the rate for either category of 2,827
nonresident students. 2,828
(H) Authorize, approve, ratify, or confirm any agreement 2,830
relating to any such community college with the United States 2,831
government, acting through any agency of such government 2,832
designated or created to aid in the financing of such projects, 2,833
or with any person or agency offering grants in aid in financing 2,834
such educational facilities or the operation of such facilities 2,835
except as prohibited in division (K) of this section. 2,836
Such agreement may include a provision for repayment of 2,838
advances, grants, or loans made to any community college district 2,839
from funds which may become available to it. 2,840
When the United States government or its agent makes a 2,842
grant of money to any community college district to aid in paying 2,843
the cost of any projects of such district, or enters into an 2,844
agreement with the community college district for the making of 2,845
any such grant of money, the amount thereof is deemed 2,846
appropriated for such purpose by the community college district 2,847
and is deemed in process of collection within the meaning of 2,848
70
section 5705.41 of the Revised Code. 2,849
(I) Grant appropriate certificates of achievement to 2,851
students successfully completing the community college programs; 2,852
(J) Prescribe rules for the effective operation of a 2,854
community college and exercise such other powers as are necessary 2,855
for the efficient management of such college; 2,856
(K) Receive and expend gifts or grants from the state for 2,858
the payment of operating costs, for the acquisition, 2,859
construction, or improvement of buildings or other structures, or 2,860
for the acquisition or use of land. In no event shall state 2,861
gifts or grants be expended for the support of adult-education 2,862
programs. Gifts or grants from the state for operating costs 2,863
shall not in any biennium exceed the amount recommended by the 2,864
Ohio board of regents to the governor as provided in Chapter 2,865
3333. of the Revised Code. Such gifts or grants shall be 2,866
distributed to such districts in equal quarter-annual payments, 2,867
unless otherwise provided or authorized in any act appropriating 2,868
moneys for such purposes, on or before the last day of February, 2,869
May, August, and November in each year. 2,870
(L) Retain consultants in the fields of education, 2,872
planning, architecture, law, engineering, or other fields of 2,873
professional skill; 2,874
(M) Purchase: 2,876
(1) A policy or policies of insurance insuring the 2,878
district against loss of or damage to property, whether real, 2,879
personal, or mixed, which is owned by the district or leased by 2,880
it as lessee or which is in the process of construction by or for 2,881
the district; 2,882
(2) A policy or policies of fidelity insurance in such 2,884
amounts and covering such trustees, officers, and employees of 2,885
the district as it considers necessary or desirable; 2,886
(3) A policy or policies of liability insurance from an 2,888
insurer or insurers licensed to do business in this state 2,889
insuring its members, officers, and employees against all civil 2,890
71
liability arising from an act or omission by the member, officer, 2,891
or employee when the member, officer, or employee is not acting 2,892
manifestly outside the scope of his employment or official 2,893
responsibilities with the institution, with malicious purpose or 2,894
bad faith, or in a wanton or reckless manner, or may otherwise 2,895
provide for the indemnification of such persons against such 2,896
liability. All or any portion of the cost, premium, or charge 2,897
for such a policy or policies or indemnification payment may be 2,898
paid from any funds under the institution's control. The policy 2,899
or policies of liability insurance or the indemnification policy 2,900
of the institution may cover any risks including, but not limited 2,901
to, damages resulting from injury to property or person, 2,902
professional liability, and other special risks, including legal 2,903
fees and expenses incurred in the defense or settlement of claims 2,904
for such damages. 2,905
(4) A policy or policies of insurance insuring the 2,907
district against any liabilities to which it may be subject on 2,908
account of damage or injury to persons or property, including 2,909
liability for wrongful death. 2,910
(N) Designate one or more employees of the institution as 2,912
state university law enforcement officers, to serve and have 2,913
duties as prescribed in section 3345.04 of the Revised Code. 2,914
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,916
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,917
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,918
5301.012 OF THE REVISED CODE.
Sec. 3354.13. The ownership of a community college created 2,927
and established pursuant to provisions of sections 3354.02 and 2,928
3354.04 of the Revised Code, including all right, title, and 2,929
interest in and to all property, both real and personal, 2,930
pertaining thereto, shall be vested in the board of trustees of
the community college district in which such college is situated, 2,931
except as may be provided in a contract entered into under the 2,932
authority of division (A) of section 3354.09 of the Revised Code. 2,933
72
The board may acquire by appropriation any land, rights, rights 2,934
of way, franchises, easements, or other property necessary or 2,935
proper for the construction or the efficient operation of any
facility of the community college district, pursuant to the 2,936
procedure provided in section 5537.06 of the Revised Code, with 2,937
respect to the Ohio turnpike commission, and insofar as such 2,938
procedure is applicable.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 2,940
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 2,941
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 2,942
5301.012 OF THE REVISED CODE.
Sec. 3355.06. The managing authority of the university 2,951
branch district shall adopt its own rules governing proceedings, 2,952
designate the permanent place of business of the district, and 2,953
keep a record of all its proceedings. Such record shall be open 2,954
for public inspection during regular business hours at the 2,955
permanent place of business of the district. 2,956
The managing authority may: 2,958
(A) Enter into a contract for a period of not less than 2,960
four nor more than ten years with a state or municipal university 2,961
for the operation of a university branch by such university on 2,962
the campus provided in accordance with sections 3355.01 to 2,963
3355.14 of the Revised Code. Except as provided in section 2,964
3333.17 of the Revised Code, the contract shall establish 2,965
schedules of fees and tuition for: students who are residents of 2,966
the district; residents of Ohio but not of the district; and 2,967
students who are nonresidents of Ohio. Students who are 2,968
nonresidents of Ohio shall be required to pay higher rates of 2,969
fees and tuition than the rates required of students who are 2,970
residents of Ohio but not of the district, and students who are 2,971
residents of the district shall pay A smaller tuition and fee 2,972
rate than the rate for either category of nonresident students. 2,973
(B) Hold, encumber, control, acquire by donation, 2,975
purchase, or condemnation, construct, own, lease, use, and sell 2,976
73
real and personal property as is necessary for the creation and 2,977
maintenance of the university branch campus, on whatever terms 2,978
and for whatever consideration may be appropriate for the 2,979
purposes of the facility; 2,980
(C) Accept gifts, grants, bequests, and devises absolutely 2,982
or in trust for support of the university branch campus during 2,983
the existence of said branch; 2,984
(D) Receive an appropriation from any municipality or 2,986
county that is a part of the university branch district for the 2,987
purpose of providing funds for support of the university branch 2,988
campus; 2,989
(E) Receive and expend gifts or grants from the state for 2,991
the payment of operating costs, for the acquisition, 2,992
construction, or improvement of buildings or other structures, or 2,993
for the acquisition or use of land.; 2,994
(F) Prescribe rules for the effective operation of a 2,996
university branch district college and exercise such other powers 2,997
as are necessary for the efficient management of such university 2,998
and are not in conflict with any contract entered into under 2,999
division (A) of this section. 3,000
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 3,002
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 3,003
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 3,004
5301.012 OF THE REVISED CODE.
Sec. 3355.10. The ownership of the university branch 3,013
campus, created and established pursuant to sections 3355.01 to 3,014
3355.14 of the Revised Code, including all right, title, and 3,015
interest in and to all property, both real and personal, 3,016
pertaining thereto, shall be vested in the managing authority of 3,017
the university branch district. The board may acquire by 3,018
appropriation any land, rights, rights of way, franchises, 3,019
easements, or other property necessary or proper for the 3,020
construction or the efficient operation of any facility of the 3,021
university branch district, pursuant to section 5537.06 of the 3,022
74
Revised Code, with respect to the Ohio turnpike commission, and 3,023
insofar as such procedure is applicable. 3,024
University branch district bonds, issued pursuant to 3,026
section 3355.08 of the Revised Code, are lawful investments of 3,027
banks, savings banks, trust companies, trustees, boards of 3,028
trustees of sinking funds of municipal corporations, school 3,029
districts, counties, the administrator of workers' compensation, 3,030
the state teachers retirement system, the public employees 3,032
retirement system, and the school employees retirement system, 3,033
and also are acceptable as security for the deposit of public 3,034
moneys.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 3,036
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 3,037
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 3,038
5301.012 OF THE REVISED CODE.
Sec. 3357.09. The board of trustees of a technical college 3,047
district may: 3,048
(A) Own and operate a technical college, pursuant to an 3,050
official plan prepared and approved in accordance with section 3,051
3357.07 of the Revised Code; 3,052
(B) Hold, encumber, control, acquire by donation, 3,054
purchase, or condemnation, construct, own, lease, use, and sell, 3,055
real and personal property as necessary for the conduct of the 3,056
program of the technical college on whatever terms and for 3,057
whatever consideration may be appropriate for the purposes of the 3,058
institution; 3,059
(C) Accept gifts, grants, bequests, and devises absolutely 3,061
or in trust for support of the technical college; 3,062
(D) Appoint the president, faculty, and such other 3,064
employees as necessary and proper for such technical college, and 3,065
fix their compensation; 3,066
(E) Provide for a technical college necessary lands, 3,068
buildings or other structures, equipment, means, and appliances; 3,069
(F) Develop and adopt, pursuant to the official plan, any 3,071
75
one or more of the curricular programs identified in section 3,072
3357.01 of the Revised Code as technical-college programs, or 3,073
adult-education technical programs; 3,074
(G) Except as provided in section 3333.17 of the Revised 3,076
Code, establish schedules of fees and tuition for: students who 3,077
are residents of the district; students who are residents of Ohio 3,078
but not of the district; students who are nonresidents of Ohio. 3,079
The establishment of rules governing the determination of 3,080
residence shall be subject to approval of the Ohio board of 3,081
regents. Students who are nonresidents of Ohio shall be required 3,082
to pay higher rates of fees and tuition than the rates required 3,083
of students who are residents of Ohio but not of the district, 3,084
and students who are residents of the district shall pay smaller 3,085
tuition and fee rates than the rates for either of the above 3,086
categories of nonresident students, except that students who are 3,087
residents of Ohio but not of the district shall be required to 3,088
pay higher fees and tuition than students who are residents of 3,089
the district only when a district tax levy has been adopted and 3,090
is in effect under the authority of section 3357.11, 5705.19, or 3,091
5705.191 of the Revised Code. 3,092
(H) Authorize, approve, ratify, or confirm, with approval 3,094
of the Ohio board of regents, any agreement with the United 3,095
States government, acting through any agency designated to aid in 3,096
the financing of technical college projects, or with any person, 3,097
organization, or agency offering grants-in-aid for technical 3,098
college facilities or operation; 3,099
(I) Receive assistance for the cost of equipment and for 3,101
the operation of such technical colleges from moneys appropriated 3,102
for technical education or for matching of Title VIII of the 3,103
"National Defense Education Act," 72 Stat. 1597 (1958), 20 3,104
U.S.C.A. 15a-15e. Moneys shall be distributed by the Ohio board 3,105
of regents in accordance with rules which the board shall 3,106
establish governing its allocations to technical colleges 3,107
chartered under section 3357.07 of the Revised Code. 3,108
76
(J) Grant appropriate associate degrees to students 3,110
successfully completing the technical college programs and 3,111
certificates of achievement to those students who complete other 3,112
programs; 3,113
(K) Prescribe rules for the effective operation of a 3,115
technical college, and exercise such other powers as are 3,116
necessary for the efficient management of such college; 3,117
(L) Enter into contracts and conduct technical college 3,119
programs or technical courses outside the technical college 3,120
district; 3,121
(M) Enter into contracts with the board of education of 3,123
any local, exempted village, or city school district or the 3,125
governing board of any educational service center to permit the
school district or service center to use the facilities of the 3,126
technical college district; 3,127
(N) Designate one or more employees of the institution as 3,129
state university law enforcement officers, to serve and have 3,130
duties as prescribed in section 3345.04 of the Revised Code; 3,131
(O) Subject to the approval of the Ohio board of regents, 3,133
offer technical college programs or technical courses for credit 3,134
at locations outside the technical college district. For 3,135
purposes of computing state aid, students enrolled in such 3,136
courses shall be deemed to be students enrolled in programs and 3,137
courses at off-campus locations in the district. 3,138
(P) Purchase a policy or policies of liability insurance 3,140
from an insurer or insurers licensed to do business in this state 3,141
insuring its members, officers, and employees against all civil 3,142
liability arising from an act or omission by the member, officer, 3,143
or employee, when the member, officer, or employee is not acting 3,144
manifestly outside the scope of his THE MEMBER'S, OFFICER'S, OR 3,145
EMPLOYEE'S employment or official responsibilities with the 3,147
institution, with malicious purpose or bad faith, or in a wanton 3,148
or reckless manner, or may otherwise provide for the 3,149
indemnification of such persons against such liability. All or 3,150
77
any portion of the cost, premium, or charge for such a policy or 3,151
policies or indemnification payment may be paid from any funds 3,152
under the institution's control. The policy or policies of 3,153
liability insurance or the indemnification policy of the 3,154
institution may cover any risks including, but not limited to, 3,155
damages resulting from injury to property or person, professional 3,156
liability, and other special risks, including legal fees and 3,157
expenses incurred in the defense or settlement of claims for such 3,158
damages.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 3,160
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 3,161
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 3,162
5301.012 OF THE REVISED CODE.
Sec. 3357.12. The ownership of a technical college, 3,171
created and established pursuant to section 3357.07 of the 3,172
Revised Code, including all right, title, and interest in and to 3,173
all property, both real and personal, pertaining thereto, shall 3,174
be vested in the board of trustees of the technical college
district in which such college is situated. The board may 3,175
acquire by appropriation any land, rights, rights-of-way, 3,176
franchises, easements, or other property necessary or proper for 3,177
the construction or the efficient operation of any facility of 3,178
the technical college district, pursuant to the procedure
provided in section 5537.06 of the Revised Code, with respect to 3,179
the Ohio turnpike commission, and insofar as such procedure is 3,180
applicable.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 3,182
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 3,183
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 3,184
5301.012 OF THE REVISED CODE.
Sec. 3358.08. The board of trustees of a state community 3,193
college district may: 3,194
(A) Own and operate a state community college; 3,196
(B) Hold, encumber, control, acquire by donation, purchase 3,198
78
or condemn, construct, own, lease, use, and sell, real and 3,199
personal property as necessary for the conduct of the program of 3,200
the state community college on whatever terms and for whatever 3,201
consideration may be appropriate for the purpose of the 3,202
institution; 3,203
(C) Accept gifts, grants, bequests, and devises absolute 3,205
or in trust for support of the state community college; 3,206
(D) Employ a president, and appoint or approve the 3,208
appointment of other necessary administrative officers, full-time 3,209
faculty members, and operating staff. The board may delegate the 3,210
appointment of operating staff and part-time faculty members to 3,211
the college president. The board shall fix the rate of 3,212
compensation of the president and all officers and full-time 3,213
employees as are necessary and proper for state community 3,214
colleges. 3,215
(E) Provide for the state community college necessary 3,217
lands, buildings, or other structures, equipment, means, and 3,218
appliances; 3,219
(F) Establish within the maximum amounts permitted by law, 3,221
schedules of fees and tuition for students who are Ohio residents 3,222
and students who are not; 3,223
(G) Grant appropriate associate degrees to students 3,225
successfully completing the state community college's programs, 3,226
and certificates of achievement to students who complete other 3,227
programs; 3,228
(H) Prescribe policies for the effective operation of the 3,230
state community college and exercise such other powers as are 3,231
necessary for the efficient management of the college; 3,232
(I) Enter into contracts with neighboring colleges and 3,234
universities for the conduct of state community college programs 3,235
or technical courses outside the state community college 3,236
district; 3,237
(J) Purchase: 3,239
(1) A policy or policies of insurance insuring the 3,241
79
district against loss or damage to property, whether real, 3,242
personal, or mixed, which is owned by the district or leased by 3,243
it as lessee or which is in the process of construction by or for 3,244
the district; 3,245
(2) A policy or policies of fidelity insurance in such 3,247
amounts and covering such trustees, officers, and employees of 3,248
the district as the board may consider necessary or desirable; 3,249
(3) A policy or policies of liability insurance from an 3,251
insurer or insurers licensed to do business in this state 3,252
insuring its members, officers, and employees against all civil 3,253
liability arising from an act or omission by the member, officer, 3,254
or employee, when the member, officer, or employee is not acting 3,255
manifestly outside the scope of his employment or official 3,256
responsibilities with the institution, with malicious purpose or 3,257
bad faith, or in a wanton or reckless manner, or may otherwise 3,258
provide for the indemnification of such persons against such 3,259
liability. All or any portion of the cost, premium, or charge 3,260
for such a policy or policies or indemnification payment may be 3,261
paid from any funds under the institution's control. The policy 3,262
or policies of liability insurance or the indemnification policy 3,263
of the institution may cover any risks including, but not limited 3,264
to, damages resulting from injury to property or person, 3,265
professional liability, and other special risks, including legal 3,266
fees and expenses incurred in the defense or settlement claims of 3,267
such damages. 3,268
(4) A policy or policies of insurance insuring the 3,270
district against any liabilities to which it may be subject on 3,271
account of damage or injury to persons or property, including 3,272
liability for wrongful death. 3,273
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 3,275
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 3,276
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 3,277
5301.012 OF THE REVISED CODE.
Sec. 3375.40. Each board of library trustees appointed 3,286
80
pursuant to sections 3375.06, 3375.10, 3375.12, 3375.15, 3375.22, 3,287
and 3375.30 of the Revised Code may: 3,288
(A) Hold title to and have the custody of all real and 3,290
personal property of the free public library under its 3,291
jurisdiction; 3,292
(B) Expend for library purposes, and in the exercise of 3,294
the power enumerated in this section, all moneys, whether derived 3,295
from the county library and local government support fund or 3,296
otherwise, credited to the free public library under its 3,297
jurisdiction and generally do all things it considers necessary 3,298
for the establishment, maintenance, and improvement of the public 3,299
library under its jurisdiction; 3,300
(C) Purchase, lease, construct, remodel, renovate, or 3,302
otherwise improve, equip, and furnish buildings or parts of 3,303
buildings and other real property, and purchase, lease, or 3,304
otherwise acquire motor vehicles and other personal property, 3,306
necessary for the proper maintenance and operation of the free 3,307
public libraries under its jurisdiction, and pay the costs 3,308
thereof in installments or otherwise. Financing of these costs 3,309
may be provided through the issuance of notes, through an 3,310
installment sale, or through a lease-purchase agreement. Any
such notes shall be issued pursuant to section 3375.404 of the 3,311
Revised Code.
(D) Purchase, lease, lease with an option to purchase, or 3,313
erect buildings or parts of buildings to be used as main 3,314
libraries, branch libraries, or library stations pursuant to 3,315
section 3375.41 of the Revised Code; 3,316
(E) Establish and maintain a main library, branches, 3,318
library stations, and traveling library service within the 3,319
territorial boundaries of the subdivision or district over which 3,320
it has jurisdiction of free public library service; 3,321
(F) Establish and maintain branches, library stations, and 3,323
traveling library service in any school district, outside the 3,324
territorial boundaries of the subdivision or district over which 3,325
81
it has jurisdiction of free public library service, upon 3,326
application to and approval of the state library board, pursuant 3,327
to section 3375.05 of the Revised Code; provided the board of 3,328
trustees of any free public library maintaining branches, 3,329
stations, or traveling-book service, outside the territorial 3,330
boundaries of the subdivision or district over which it has 3,331
jurisdiction of free public library service, on September 4, 3,332
1947, may continue to maintain and operate such branches, 3,333
stations, and traveling library service without the approval of 3,334
the state library board; 3,335
(G) Appoint and fix the compensation of all of the 3,337
employees of the free public library under its jurisdiction; pay 3,338
the reasonable cost of tuition for any of its employees who 3,339
enroll in a course of study the board considers essential to the 3,340
duties of the employee or to the improvement of the employee's 3,341
performance; and reimburse applicants for employment for any 3,342
reasonable expenses they incur by appearing for a personal 3,343
interview; 3,344
(H) Make and publish rules for the proper operation and 3,346
management of the free public library and facilities under its 3,347
jurisdiction, including rules pertaining to the provision of 3,348
library services to individuals, corporations, or institutions 3,349
that are not inhabitants of the county; 3,350
(I) Establish and maintain a museum in connection with and 3,352
as an adjunct to the free public library under its jurisdiction; 3,353
(J) By the adoption of a resolution accept any bequest, 3,355
gift, or endowment upon the conditions connected with such 3,356
bequest, gift, or endowment; provided no such bequest, gift, or 3,357
endowment shall be accepted by such board if the conditions 3,358
thereof remove any portion of the free public library under its 3,359
jurisdiction from the control of such board or if such 3,360
conditions, in any manner, limit the free use of such library or 3,361
any part thereof by the residents of the counties in which such 3,362
library is located; 3,363
82
(K) At the end of any fiscal year by a two-thirds vote of 3,365
its full membership set aside any unencumbered surplus remaining 3,366
in the general fund of the library under its jurisdiction for any 3,367
purpose including creating or increasing a special building and 3,368
repair fund, or for operating the library or acquiring equipment 3,369
and supplies; 3,370
(L) Procure and pay all or part of the cost of group life, 3,372
hospitalization, surgical, major medical, disability benefit, 3,373
dental care, eye care, hearing aids, or prescription drug 3,374
insurance, or a combination of any of the foregoing types of 3,375
insurance or coverage, whether issued by an insurance company or 3,376
a health insuring corporation duly licensed by the state, 3,378
covering its employees and in the case of hospitalization, 3,379
surgical, major medical, dental care, eye care, hearing aids, or 3,380
prescription drug insurance, also covering the dependents and
spouses of such employees, and in the case of disability 3,381
benefits, also covering spouses of such employees. With respect 3,382
to life insurance, coverage for any employee shall not exceed the 3,383
greater of the sum of ten thousand dollars or the annual salary 3,384
of the employee, exclusive of any double indemnity clause that is 3,385
a part of the policy. 3,386
(M) Pay reasonable dues and expenses for the free public 3,388
library and library trustees in library associations. 3,389
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 3,391
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 3,392
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 3,393
5301.012 OF THE REVISED CODE.
Sec. 3375.831. ANY INSTRUMENT BY WHICH REAL PROPERTY IS 3,395
ACQUIRED PURSUANT TO SECTION 3375.83 OF THE REVISED CODE SHALL 3,396
IDENTIFY ANY AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF 3,397
THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED 3,398
CODE.
Sec. 3377.04. The Ohio higher educational facility 3,407
commission may: 3,408
83
(A) Acquire by gift or purchase and hold and mortgage real 3,410
estate and interests therein and personal property to be used as 3,411
a project or a part thereof; 3,412
(B) Purchase, construct, reconstruct, enlarge, improve, 3,414
furnish, and equip and lease, sell, exchange, and otherwise 3,415
dispose of projects or parts thereof for the purposes set forth 3,416
in division (B) of section 3377.01 of the Revised Code; 3,417
(C) Issue bonds of the state, as provided in Chapter 3377. 3,419
of the Revised Code, to provide funds for acquiring, 3,420
constructing, reconstructing, enlarging, remodeling, renovating, 3,421
improving, furnishing, or equipping one or more projects or parts 3,422
thereof and to pay project costs; 3,423
(D) Enter into contracts and execute all instruments 3,425
necessary or appropriate to carry out the purposes of Chapter 3,426
3377. of the Revised Code; 3,427
(E) Fix, alter, and collect rentals and other charges for 3,429
the use and occupancy of a project and lease the project to 3,430
educational institutions, including a contract with or the 3,431
granting of an option to the lessee to purchase the project for 3,432
such price as the commission in its sole discretion determines to 3,433
be appropriate, after retirement or redemption, or provision 3,434
therefor, of all the bonds of the issuer issued to provide funds 3,435
for the project; 3,436
(F) Retain, contract with, or employ and fix the 3,438
compensation of financial consultants, appraisers, accounting 3,439
experts, architects, engineers, attorneys at law, and other 3,440
employees, agents, and independent contractors as are necessary 3,441
in the judgment of the commission to carry out Chapter 3377. of 3,442
the Revised Code and collect fees, charges, and accept gifts and 3,443
appropriations to meet the expenses of employing such persons; 3,444
(G) Pledge, assign, hypothecate, or otherwise encumber as 3,446
security for the bonds, the rentals, revenues, and other income, 3,447
charges, and moneys realized from the use, lease, sale, or other 3,448
disposition of one or more projects or parts thereof as may be 3,449
84
designated in the bond proceedings and enter into trust 3,450
agreements or indentures of mortgage for the benefit of 3,451
bondholders; 3,452
(H) Enter into appropriate arrangements with any federal 3,454
or state department or agency, county, township, municipal 3,455
corporation, or other political subdivision, taxing district, or 3,456
public body or agency for the planning and installation of 3,457
streets, roads, alleys, water supply and distribution facilities, 3,458
storm and sanitary sewage collection and disposal facilities, and 3,459
other necessary appurtenances to a project; 3,460
(I) Purchase fire and extended coverage and liability 3,462
insurance for a project, insurance protecting the commission and 3,463
its officers and employees against liability for damage to 3,464
property or injury to or death of persons arising from the 3,465
project, and any other insurance that the commission may agree to 3,466
provide under the bond proceedings or the commission may 3,467
determine to be necessary in order to protect the commission, its 3,468
members, officers, and employees; 3,469
(J) Sell, lease, release or otherwise dispose of real and 3,471
personal property or interests therein, or a combination thereof, 3,472
acquired by the commission under authority of Chapter 3377. of 3,473
the Revised Code and no longer needed for the purposes of such 3,474
chapter or of the commission, and grant such easements and other 3,475
rights in, over, under, or across a project as will not interfere 3,476
with its use of such property. Such sale, lease, release, 3,477
disposition, or grant may be made without competitive bidding and 3,478
in such manner and for such consideration as the commission in 3,479
its judgment deems appropriate. 3,480
(K) Sue and be sued, implead and be impleaded; 3,482
(L) Adopt and use an official seal; 3,484
(M) Receive and accept from any public agency loans or 3,486
grants for or in aid of a project or any portion thereof, and 3,487
receive and accept loans, grants, aid, or contributions from any 3,488
source of money, property, labor, or other things of value to be 3,489
85
held, used, and applied only for the purposes for which received; 3,490
(N) Do all other acts necessary or appropriate to carry 3,492
out the purposes of Chapter 3377. of the Revised Code. 3,493
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 3,495
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 3,496
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 3,497
5301.012 OF THE REVISED CODE.
Sec. 3377.14. The state or any political subdivision, 3,506
taxing district, or other public body of this state may, without 3,507
competitive bidding, convey or exchange with the Ohio higher 3,508
educational facility commission, for use in connection with a 3,509
project, any or all of its interests in real or personal
property, or both, not needed by the grantor. Any conveyance by 3,510
the state shall be authorized by the director, board, or 3,511
commission having control of such property and approved by the 3,512
general assembly. The interest in such property to be conveyed 3,513
shall be appraised at its fair market value and such appraisal 3,514
value shall be the conveyance price. The appraised fair market
value of any property exchanged under the provisions of this 3,515
section shall be substantially equal to the aggregate of the 3,516
appraised fair market value of the property for which it is 3,517
exchanged and any moneys paid to the grantor in consideration of 3,518
such exchange. The political subdivision, taxing district, or 3,519
other public body shall prescribe the form of its deed, and any
deed from the state shall be prepared and recorded as provided in 3,520
sections 5301.13 to 5301.17, inclusive, of the Revised Code. Any 3,521
educational institution which has the qualifications to acquire 3,523
property under section 3333.08 of the Revised Code may acquire 3,524
property under such section in order to provide real estate or 3,525
interests in real estate needed for a project and to make the
same available to the commission by conveyance, lease, or 3,526
otherwise.
ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE STATE 3,528
ACQUIRES REAL PROPERTY PURSUANT TO THIS SECTION SHALL IDENTIFY 3,529
86
THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE REAL 3,530
PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED CODE. 3,531
Sec. 3706.04. The Ohio air quality development authority 3,540
may: 3,541
(A) Adopt bylaws for the regulation of its affairs and the 3,543
conduct of its business; 3,544
(B) Adopt an official seal; 3,546
(C) Maintain a principal office and suboffices at such 3,548
places within the state as it designates; 3,549
(D) Sue and plead in its own name; be sued and impleaded 3,551
in its own name with respect to its contracts or torts of its 3,552
members, employees, or agents acting within the scope of their 3,553
employment, or to enforce its obligations and covenants made 3,554
under sections 3706.05, 3706.07, and 3706.12 of the Revised Code. 3,555
Any such actions against the authority shall be brought in the 3,556
court of common pleas of the county in which the principal office 3,557
of the authority is located, or in the court of common pleas of 3,558
the county in which the cause of action arose, provided such 3,559
county is located within this state, and all summonses, 3,560
exceptions, and notices of every kind shall be served on the 3,561
authority by leaving a copy thereof at the principal office with 3,562
the person in charge thereof or with the secretary-treasurer of 3,563
the authority. 3,564
(E) Make loans and grants to governmental agencies for the 3,566
acquisition or construction of air quality projects by any such 3,567
governmental agency and adopt rules and procedures for making 3,568
such loans and grants; 3,569
(F) Acquire, construct, reconstruct, enlarge, improve, 3,571
furnish, equip, maintain, repair, operate, lease or rent to, or 3,572
contract for operation by, a person or governmental agency, air 3,573
quality projects, and establish rules for the use of such 3,574
projects; 3,575
(G) Make available the use or services of any air quality 3,577
project to one or more persons, one or more governmental 3,578
87
agencies, or any combination thereof; 3,579
(H) Issue air quality revenue bonds and notes and air 3,581
quality revenue refunding bonds of the state, payable solely from 3,582
revenues as provided in section 3706.05 of the Revised Code, 3,583
unless the bonds be refunded by refunding bonds, for the purpose 3,584
of paying any part of the cost of one or more air quality 3,585
projects or parts thereof; 3,586
(I) Acquire by gift or purchase, hold, and dispose of real 3,588
and personal property in the exercise of the powers of the 3,589
authority and the performance of its duties under this chapter; 3,590
(J) Acquire, in the name of the state, by purchase or 3,592
otherwise, on such terms and in such manner as the authority 3,593
finds proper, or by the exercise of the right of condemnation in 3,594
the manner provided by section 3706.17 of the Revised Code, such 3,595
public or private lands, including public parks, playgrounds, or 3,596
reservations, or parts thereof or rights therein, rights-of-way, 3,597
property, rights, easements, and interests as it finds necessary 3,598
for carrying out this chapter, but excluding the acquisition by 3,599
the exercise of the right of condemnation of any air quality 3,600
facility owned by any person or governmental agency; and 3,601
compensation shall be paid for public or private lands so taken; 3,602
(K) Make and enter into all contracts and agreements and 3,604
execute all instruments necessary or incidental to the 3,605
performance of its duties and the execution of its powers under 3,606
this chapter. 3,607
(1) When the cost under any such contract or agreement, 3,609
other than compensation for personal services, involves an 3,610
expenditure of more than two thousand dollars, the authority 3,611
shall make a written contract with the lowest responsive and 3,612
responsible bidder, in accordance with section 9.312 of the 3,613
Revised Code, after advertisement for not less than two 3,614
consecutive weeks in a newspaper of general circulation in 3,615
Franklin county, and in such other publications as the authority 3,616
determines, which notice shall state the general character of the 3,617
88
work and the general character of the materials to be furnished, 3,618
the place where plans and specifications therefor may be 3,619
examined, and the time and place of receiving bids; provided, 3,620
that a contract or lease for the operation of an air quality 3,621
project constructed and owned by the authority or an agreement 3,622
for cooperation in the acquisition or construction of an air 3,623
quality project pursuant to section 3706.12 of the Revised Code 3,624
or any contract for the construction of an air quality project 3,625
that is to be leased by the authority to, and operated by, 3,626
persons who are not governmental agencies and the cost of such 3,627
project is to be amortized exclusively from rentals or other 3,628
charges paid to the authority by persons who are not governmental 3,629
agencies is not subject to the foregoing requirements and the 3,630
authority may enter into such contract, lease, or agreement 3,631
pursuant to negotiation and upon such terms and conditions and 3,632
for such period as it finds to be reasonable and proper in the 3,633
circumstances and in the best interests of proper operation or of 3,634
efficient acquisition or construction of such project. 3,635
(2) Each bid for a contract for the construction, 3,637
demolition, alteration, repair, or reconstruction of an 3,638
improvement shall contain the full name of every person 3,639
interested in it and meet the requirements of section 153.54 of 3,640
the Revised Code. 3,641
(3) Each bid for a contract except as provided in division 3,643
(K)(2) of this section shall contain the full name of every 3,644
person interested in it and shall be accompanied by a sufficient 3,645
bond or certified check on a solvent bank that if the bid is 3,646
accepted a contract will be entered into and the performance 3,647
thereof secured. 3,648
(4) The authority may reject any and all bids. 3,650
(5) A bond with good and sufficient surety, approved by 3,652
the authority, shall be required of every contractor awarded a 3,653
contract except as provided in division (K)(2) of this section, 3,654
in an amount equal to at least fifty per cent of the contract 3,655
89
price, conditioned upon the faithful performance of the contract. 3,656
(L) Employ managers, superintendents, and other employees 3,658
and retain or contract with consulting engineers, financial 3,659
consultants, accounting experts, architects, attorneys, and such 3,660
other consultants and independent contractors as are necessary in 3,661
its judgment to carry out this chapter, and fix the compensation 3,662
thereof. All expenses thereof shall be payable solely from the 3,663
proceeds of air quality revenue bonds or notes issued under this 3,664
chapter, from revenues, or from funds appropriated for such 3,665
purpose by the general assembly. 3,666
(M) Receive and accept from any federal agency, subject to 3,668
the approval of the governor, grants for or in aid of the 3,669
construction of any air quality project or for research and 3,670
development with respect to air quality facilities, and receive 3,671
and accept aid or contributions from any source of money, 3,672
property, labor, or other things of value, to be held, used, and 3,673
applied only for the purposes for which such grants and 3,674
contributions are made; 3,675
(N) Engage in research and development with respect to air 3,677
quality facilities; 3,678
(O) Purchase fire and extended coverage and liability 3,680
insurance for any air quality project and for the principal 3,681
office and suboffices of the authority, insurance protecting the 3,682
authority and its officers and employees against liability for 3,683
damage to property or injury to or death of persons arising from 3,684
its operations, and any other insurance the authority may agree 3,685
to provide under any resolution authorizing its air quality 3,686
revenue bonds or in any trust agreement securing the same; 3,687
(P) Charge, alter, and collect rentals and other charges 3,689
for the use or services of any air quality project as provided in 3,690
section 3706.13 of the Revised Code; 3,691
(Q) Provide coverage for its employees under Chapters 3,693
145., 4123., and 4141. of the Revised Code; 3,694
(R) Do all acts necessary or proper to carry out the 3,696
90
powers expressly granted in this chapter. 3,697
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 3,699
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 3,700
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 3,701
5301.012 OF THE REVISED CODE.
Sec. 3747.06. (A) The board of directors of the Ohio 3,711
low-level radioactive waste facility development authority shall 3,712
do all of the following:
(1) Adopt bylaws for the regulation of its affairs and the 3,715
conduct of its business;
(2) Maintain a principal office at a location that it 3,717
designates in the state; 3,718
(3) Employ and fix the compensation of employees, 3,720
including an executive director who shall serve at the pleasure 3,721
of the board; in consultation with the executive director, 3,722
develop an organizational plan for the hiring of additional staff 3,723
and specify which of those staff shall be in the classified civil 3,724
service pursuant to Chapter 124. of the Revised Code and which of 3,726
those staff shall serve at the pleasure of the executive
director; and provide coverage for its employees under Chapters 3,728
4123. and 4141. of the Revised Code. The board may delegate to 3,729
the executive director authority to make personnel decisions with 3,730
respect to employees, subject to applicable law. The board of 3,731
directors may lay off employees of the authority that are in the 3,732
classified service pursuant to Chapter 124. of the Revised Code
as may be appropriate or delegate that decision to the executive 3,733
director.
(4) Utilize the expertise of other state agencies and 3,735
departments to the fullest extent possible. The agencies and 3,736
departments shall be paid for the cost of providing services to 3,737
the board. 3,738
(5) Provide for the establishment of a statewide public 3,740
information and involvement program and of a public document 3,741
repository in Columbus and in each community in which a site 3,742
91
undergoing site characterization is located, provided that after 3,744
a site is licensed as a facility and the license is finally 3,746
determined to be valid, a public document repository shall no 3,748
longer be required in the other communities that underwent 3,749
characterization. A copy of all records of the board, including 3,750
the minutes of the board, and of the contractor relating to the
screening, siting, design, construction, operation, institutional 3,752
control, and long-term care of the facility shall be kept 3,753
permanently by the board and the contractor, respectively. 3,754
(6) Not later than eighteen months after September 8, 3,757
1995, select a private entity as a contractor to begin 3,758
development, as defined in section 3747.01 of the Revised Code, 3,761
of a facility. Not later than thirty months after September 8, 3,762
1995, the board shall select one or more private entities as a 3,763
contractor or contractors to complete development of and operate 3,764
a facility, except that the board may choose not to select one or 3,765
more private entities as a contractor to complete development of 3,766
and operate a facility if the low-level radioactive waste 3,767
commission has not complied with any request made under division 3,768
(B)(6) of this section. Notwithstanding sections 153.50, 153.51, 3,770
and 153.52 of the Revised Code, the board may award a single 3,772
contract for the development, construction, and operation of a 3,773
facility.
(7) Approve, approve with modifications requested by the 3,776
board, or disapprove the design of the facility and any
subsequent revisions to it that are proposed by the contractor. 3,778
If the board disapproves the design or revisions, it shall 3,779
provide reasons for the disapproval and require the contractor to 3,780
submit a new design or revisions.
(8) Not later than twenty-four months after September 8, 3,783
1995, approve, approve with modifications requested by the board, 3,785
or disapprove and, when approved, implement a statewide screening 3,786
process, prepared by the contractor selected under division 3,787
(A)(6) of this section with the assistance of the board and its 3,788
92
employees, through which the exclusionary siting criteria 3,789
established in section 3747.12 of the Revised Code and further 3,790
specified in rules adopted under division (A)(3) of section 3,791
3747.07 of the Revised Code and the preference siting criteria 3,792
established in section 3747.12 of the Revised Code and further
specified in rules adopted under division (A)(3) of section 3,793
3747.07 of the Revised Code shall be applied. If the board 3,795
disapproves the screening process, it shall provide reasons for 3,796
the disapproval and require the contractor to submit a new 3,797
screening process.
(9) Approve, approve with modifications requested by the 3,800
board, or disapprove the geologic and hydrogeologic database and 3,801
other appropriate databases to be used by the contractor for 3,802
application of the siting criteria. If the board disapproves a 3,803
database, it shall provide reasons for the disapproval and 3,804
require the contractor to submit a new database. 3,805
(10) Establish a program to offer research grants to state 3,808
universities and colleges as defined in division (A)(1) of 3,809
section 3345.12 of the Revised Code and nonprofit institutions of 3,811
higher education holding a certificate of authorization from the 3,812
Ohio board of regents under Chapter 1713. of the Revised Code for 3,815
the study and development of technology for the reduction,
management, treatment, disposal, and monitoring of low-level 3,817
radioactive waste. Until moneys are collected through the fee 3,818
system established in rules adopted under division (B) of section 3,819
3747.07 of the Revised Code, the total amount of moneys available 3,820
annually for grants shall not exceed five per cent of the board's 3,821
annual budget. When moneys are collected through that fee
system, the total amount of moneys available annually for grants 3,822
shall not exceed one per cent of the moneys collected during the 3,823
preceding fiscal year through the fee system. The grants shall 3,824
be awarded in accordance with rules adopted under division (B)(8) 3,826
of section 3747.07 of the Revised Code. 3,827
(11) Not more than forty-two months after September 8, 3,830
93
1995, approve for site characterization at least three 3,832
potentially suitable disposal sites from among the sites
recommended by the contractor, provided that each state that is a 3,834
member of the midwest interstate compact on low-level radioactive 3,835
waste entered into under section 3747.01 of the Revised Code has 3,836
enacted, and the United States congress has consented to, the 3,837
amendments to the compact made by this act SUBSTITUTE SENATE BILL 3,838
NO. 19 OF THE 121st GENERAL ASSEMBLY; 3,839
(12) Not more than fifty-seven months after September 8, 3,841
1995, from among the characterized sites, select the disposal 3,844
site to be submitted for licensure as the facility under Chapter 3,845
3748. of the Revised Code, provided that the midwest interstate 3,846
low-level radioactive waste commission created in Article III(A) 3,847
of the midwest interstate compact on low-level radioactive waste 3,848
entered into under section 3747.01 of the Revised Code has 3,849
selected and notified the next host state under the compact; 3,851
(13) Acquire real property in fee simple on behalf of the 3,853
state for the purpose of operating the facility, including real 3,854
property to be used as an ecological monitoring zone in 3,855
accordance with section 3747.14 of the Revised Code. For the 3,856
purposes of division (A)(13) of this section, the board may 3,858
appropriate real property in accordance with Chapter 163. of the 3,859
Revised Code.
(14) Establish quality assurance and quality control 3,861
programs for all phases of development, siting, construction, 3,862
operation, closure, institutional control, and long-term care of 3,863
the facility; 3,864
(15) Approve, approve with modifications requested by the 3,867
board, or disapprove and, if approved, supervise activities
within the ecological monitoring zone; 3,868
(16) Approve or disapprove petitions submitted by 3,870
communities that wish to be identified as affected communities; 3,871
(17) Approve, approve with modifications requested by the 3,874
board, or disapprove community compensation and benefits
94
agreements as negotiated with the host community and any affected 3,875
community or communities by the staff of the board. If the board 3,876
disapproves the community compensation agreement negotiated with 3,877
the host community, it shall provide reasons for the disapproval 3,878
and require the staff to renegotiate the agreement. 3,879
(18) In consultation with the director of health, 3,881
establish epidemiological health studies if requested by the 3,883
legislative authority of the host community;
(19) Approve, approve with modifications requested by the 3,886
board, or disapprove methods proposed by the contractor to
provide institutional control and long-term care of the facility 3,887
for a minimum of five hundred years. If the board disapproves 3,888
the methods, it shall provide reasons for the disapproval and 3,889
require the contractor to submit new institutional control and 3,890
long-term care methods. 3,891
(20) Pursuant to division (A)(3) of section 3748.09 of the 3,894
Revised Code, advise the department of health on the hiring of an 3,895
independent person to examine the license review process for the 3,896
facility;
(21) Approve, approve with modifications requested by the 3,899
board, or disapprove the form of the waste acceptance agreement 3,900
prepared by the contractor under division (A) of section 3747.17 3,901
of the Revised Code. If the board disapproves the form, it shall 3,902
provide reasons for the disapproval and require the contractor to 3,903
submit a new form.
(22) Enter into agreements with agencies of other party 3,905
states to the midwest interstate compact on low-level radioactive 3,906
waste for the purpose of verifying information in the waste 3,907
minimization reports required under section 3747.17 of the 3,908
Revised Code;
(23) Ensure that sufficient resources are allocated for 3,910
both of the following: 3,911
(a) Institutional control through the fee system 3,914
established in rules adopted under division (B) of section 3,915
95
3747.07 of the Revised Code pursuant to Article VI(J) of the 3,916
midwest interstate compact on low-level radioactive waste 3,917
established under section 3747.01 of the Revised Code; 3,918
(b) Long-term care for a minimum of five hundred years 3,921
through the long-term care fund established pursuant to Article 3,922
VI(O) of the compact.
(24) Approve, approve with modifications requested by the 3,924
board, or disapprove termination of the long-term care of the 3,925
facility, and provide reasons for that decision; 3,926
(25) In the event of a failure of a facility that results 3,928
in a release of radioactivity in excess of prescribed limits, 3,929
approve, approve with modifications requested by the board, or 3,930
disapprove a program to correct the failure and contain and 3,931
remediate any contamination caused by the release. 3,932
(B) The board may do any of the following: 3,934
(1) Make and enter into all contracts and agreements 3,936
necessary or incidental to the performance of its duties and the 3,937
execution of its powers under this chapter. If the board enters 3,939
into more than one contract for the purpose of executing the 3,940
duties of a contractor specified in this chapter or Chapter 3748. 3,941
of the Revised Code or rules adopted under either chapter, the 3,943
specific duties so established apply to the appropriate 3,945
contractor. Any other requirement established under this chapter 3,946
or Chapter 3748. of the Revised Code or rules adopted under 3,948
either chapter regarding a contractor applies to any contractor 3,949
with whom the board proposes to enter or has entered into a
contract, except that the board may establish different 3,950
requirements under those rules for contractors that execute 3,951
separate duties.
(2) Sue and be sued in the name of the authority and plead 3,954
and be impleaded, provided that any actions against the authority 3,955
shall be brought in the court of common pleas of the county in 3,956
which the office of the board is located or in the court of 3,957
common pleas of the county in which the cause of action arose if 3,958
96
that county is in the state. All summonses, exceptions, and 3,959
notices of every kind shall be served on the authority by leaving 3,960
a copy thereof at the principal office of the board with the
executive director. 3,961
(3) Establish a peer review committee to review, analyze, 3,963
and make recommendations regarding the screening and siting 3,964
process established in rules adopted under division (A)(3) of 3,965
section 3747.07 of the Revised Code and the design and 3,966
construction of the facility. Such a committee shall consist of 3,967
not less than two nor more than three persons representing each 3,968
of the professional fields described in division (B) of section 3,970
3747.05 of the Revised Code. Each member of the committee shall 3,972
be a resident of this state and shall have recognized ability, 3,973
credentials, and experience in the member's professional field of 3,974
expertise. If the board establishes such a committee, it shall 3,975
do so no later than twelve months after September 8, 1995, and 3,977
shall disband it when the facility begins operating. 3,978
(4) Periodically review compensation of board members and 3,980
make recommendations to the general assembly regarding any needed 3,981
changes in compensation of board members; 3,982
(5) Perform all other acts necessary or proper to carry 3,984
out the powers expressly granted in this chapter; 3,985
(6) Not later than January 1, 1998, request the midwest 3,988
interstate low-level radioactive waste commission created in 3,989
Article III of the midwest interstate low-level radioactive waste 3,990
compact entered into under section 3747.01 of the Revised Code to 3,993
locate its principal office at a location of the commission's
choosing within this state. 3,994
(C) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 3,996
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 3,998
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 3,999
SECTION 5301.012 OF THE REVISED CODE.
Sec. 3747.14. (A) The board of directors of the Ohio 4,009
low-level radioactive waste facility development authority shall 4,010
97
designate and maintain an ecological monitoring zone surrounding 4,011
and contiguous with the disposal site selected under division 4,012
(A)(12) of section 3747.06 and section 3747.11 of the Revised 4,013
Code. The board, on behalf of the state, shall acquire real 4,014
property to be used as the zone as provided in division (A)(13) 4,015
of section 3747.06 of the Revised Code. 4,016
The size and shape of the zone shall be based on the unique 4,019
topography and geology of the disposal site and shall be designed 4,020
to provide a logical unit of space. Except as provided in
division (A)(17) of section 3747.12 of the Revised Code, the 4,021
exclusionary siting criteria established under that section and 4,022
further specified in rules adopted under division (A)(3) of 4,024
section 3747.07 of the Revised Code do not apply to the 4,025
ecological monitoring zone. However, the zone may be located in 4,026
an area identified under division (A)(3) of section 3747.12 of 4,027
the Revised Code only if the authority is awarded control by the 4,028
federal government or the state, as appropriate, over the portion 4,029
of the area in which the zone will be located. 4,030
(B) The ecological monitoring zone shall remain 4,032
uninhabited and shall provide opportunities for comprehensive 4,033
monitoring around the disposal site by agencies of the state, 4,034
other public entities, individuals, and organizations whose 4,035
projects are approved by the board in accordance with rules 4,036
adopted under division (A)(11) of section 3747.07 of the Revised 4,038
Code. The board shall approve and supervise all activities that 4,039
are conducted within the zone.
(C) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 4,041
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 4,043
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 4,044
SECTION 5301.012 OF THE REVISED CODE.
Sec. 3793.031. The director of alcohol and drug addiction 4,053
services may acquire by purchase, lease, or otherwise such real 4,054
and personal property rights in the name of the state as are 4,055
necessary for the purposes of the department. The director, with 4,056
98
the approval of the governor and the attorney general, may sell, 4,057
lease, or exchange portions of real and personal property of the 4,058
department when the sale, lease, or exchange is advantageous to
the state. Money received from such sales, leases, or exchanges 4,059
shall be credited to the general revenue fund. 4,060
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 4,062
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 4,063
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 4,064
5301.012 OF THE REVISED CODE.
Sec. 4582.06. A port authority created in accordance with 4,073
section 4582.02 of the Revised Code may: 4,074
(A) Purchase, construct, reconstruct, enlarge, improve, 4,076
equip, develop, sell, exchange, lease, convey other interests in, 4,077
and operate port authority facilities, and make charges for the 4,078
use thereof, which shall be not less than the charges established 4,079
for the same services furnished by a public utility or common 4,080
carrier in the particular port authority jurisdiction; 4,081
(B) Straighten, deepen, and improve any canal, channel, 4,083
river, stream, or other water course or way which may be 4,084
necessary or proper in the development of the facilities of such 4,085
port; 4,086
(C) Acquire, own, hold, sell, lease, or operate real or 4,088
personal property for the authorized purposes of the port 4,089
authority; 4,090
(D) Issue bonds or notes for the acquisition or 4,092
construction of any permanent improvement which a port authority 4,093
is authorized to acquire or construct, in compliance with Chapter 4,094
133. of the Revised Code, except that such bonds or notes may 4,095
only be issued pursuant to a vote of the electors residing within 4,096
the territory of the port authority. The net indebtedness 4,097
incurred by a port authority shall never exceed two per cent of 4,098
the total value of all property within the territory comprising 4,099
such authority as listed and assessed for taxation. 4,100
(E) By resolution of its board of directors, issue revenue 4,102
99
bonds beyond the limit of bonded indebtedness provided by law, 4,103
for the purpose of acquiring, constructing, or developing any 4,104
port authority facility, other than a residential facility, 4,105
including all costs in connection with or incidental to such 4,106
acquisition, construction, or development. Pursuant to Section 4,107
13 of Article VIII, Ohio Constitution, and in order to create or 4,108
preserve jobs and employment opportunities and improve the 4,109
economic welfare, the port authority may loan moneys for or 4,110
acquire, construct, reconstruct, develop, enlarge, improve, 4,111
furnish, equip, sell, exchange, lease, convey other interests in, 4,112
or lease with a contract or option to purchase, at such amount as 4,113
the board of directors in its sole discretion may determine, real 4,114
property, machinery, equipment, plants, factories, offices, and 4,115
other structures and facilities for industry, commerce, 4,116
distribution, and research, provided that when the costs thereof 4,117
are to be paid by the port authority, the acquisition, 4,118
construction, reconstruction, development, enlargement, 4,119
improvement, and equipment of such property, plants, factories, 4,120
offices, and other structures and facilities shall only be 4,121
financed from the proceeds of revenue bonds issued under 4,122
authority of this division or in a manner consistent with Section 4,123
13 of Article VIII, Ohio Constitution. 4,124
The port authority may construct, reconstruct, equip, or 4,126
operate any facilities which it is authorized to acquire, 4,127
purchase, or lease. Any sale, lease, lease with option to 4,128
purchase, conveyance of other interests in, or contract for 4,129
acquiring, constructing, reconstructing, operating, developing, 4,130
enlarging, improving, or equipping any real property, plant, 4,131
factory, office, or other structure or facility for industry, 4,132
commerce, distribution, recreation, and research shall be made in 4,133
such manner as is determined by the board of directors and shall 4,134
not be subject to the provisions of section 4582.12 of the 4,135
Revised Code. The revenue bonds of the port authority shall be 4,136
secured only by a pledge of and a lien on the revenues of the 4,137
100
port authority derived from loan payments, rentals, fees, 4,138
charges, or other revenues from any improvements and facilities 4,139
as are designated in the resolution, including but not limited to 4,140
the improvements and facilities to be financed from or 4,141
constructed, developed, or acquired with the proceeds of the bond 4,142
issue, after provision only for the reasonable cost of operating, 4,143
maintaining, and repairing the improvements and facilities of the 4,144
port authority so designated. The bonds may further be secured 4,145
by the covenant of the port authority to maintain such rates or 4,146
charges as will produce revenues sufficient to meet costs of 4,147
operating, maintaining, and repairing such improvements and 4,148
facilities and to meet the interest and principal requirements of 4,149
such bonds and to establish and maintain reserves for the 4,150
foregoing purposes. The board of directors may, by resolution, 4,151
provide for the issuance of additional revenue bonds from time to 4,152
time, such bonds to be secured equally and ratably, without 4,153
preference, priority, or distinction, with outstanding revenue 4,154
bonds, but subject to the terms and limitations of any trust 4,155
agreement described in this section, and of any resolution 4,156
authorizing bonds then outstanding. The board of directors may 4,157
by resolution designate additional improvements and facilities of 4,158
the port authority, the revenues of which shall be pledged and be 4,159
subject to a lien for service of the principal and interest 4,160
requirements of revenue bonds theretofore authorized by 4,161
resolution of the board of directors, to the same extent as the 4,162
revenues above described. 4,163
In the discretion of the board of directors of the port 4,165
authority, the revenue bonds of the port authority may be secured 4,166
by a trust agreement between the board of directors on behalf of 4,167
the port authority and a corporate trustee, which trustee may be 4,168
any trust company or bank having powers of a trust company, 4,169
within or without the state. 4,170
The trust agreement may provide for the pledge or 4,172
assignment of the revenues to be received, but shall not pledge 4,173
101
the general credit and taxing power of the port authority. A 4,174
trust agreement securing revenue bonds issued to acquire, 4,175
construct, reconstruct, develop, enlarge, improve, or equip real 4,176
property, plants, factories, offices, and other structures and 4,177
facilities for industry, commerce, distribution, and research, 4,178
may mortgage the real or personal property, or both, to be 4,179
acquired, constructed, reconstructed, developed, enlarged, or 4,180
improved from the proceeds of such revenue bonds, as further 4,181
security for such bonds. The trust agreement or the resolution 4,182
providing for the issuance of revenue bonds may set forth the 4,183
rights and remedies of the bondholders and trustee, and may 4,184
contain such other provisions for protecting and enforcing their 4,185
rights and remedies as are in the discretion of the board of 4,186
directors reasonable and proper. Such agreement or resolution 4,187
may provide for the custody, investment, and disbursement of all 4,188
moneys derived from the sale of such bonds, or from the revenues 4,189
of the port authority, other than those moneys received from 4,190
taxes levied pursuant to section 4582.14 of the Revised Code, and 4,191
may provide for the deposit of such funds without regard to 4,192
section 4582.15 of the Revised Code. 4,193
The revenue bonds shall bear interest at such rate or rates 4,195
and shall mature within forty years following the date of 4,196
issuance and in such amount, at such times, and in such number of 4,197
installments, as may be provided in the resolution authorizing 4,198
their issuance. Such resolution shall also provide for the 4,199
execution and sealing of the bonds and the use of facsimile 4,200
signatures and facsimile of the seal, the manner of sale of the 4,201
bonds, and such other terms and conditions relative to the 4,202
issuance, sale, and retirement of said bonds as the board of 4,203
directors in their discretion believe reasonable and proper. 4,204
Whenever a port authority considers it expedient, it may 4,206
issue renewal notes and refund any bonds, whether the bonds to be 4,207
refunded have or have not matured. The refunding bonds shall be 4,208
sold and the proceeds applied to the purchase, redemption, or 4,209
102
payment of the bonds to be refunded. The bonds and notes issued 4,210
under this chapter, their transfer, and the income therefrom, 4,211
shall at all times be free from taxation within the state. 4,212
(F) Apply to the proper authorities of the United States 4,214
pursuant to appropriate law for the right to establish, operate, 4,215
and maintain foreign trade zones and to establish, operate, and 4,216
maintain such foreign trade zones; and purchase, lease, or 4,217
acquire land or property therefor, in a manner consistent with 4,218
section 4582.17 of the Revised Code; 4,219
(G) Exercise the right of eminent domain to appropriate 4,221
any land, rights, rights-of-way, franchises, easements, or other 4,222
property, necessary or proper for the construction or the 4,223
efficient operation of any facility of the port authority and 4,224
included in its official plan, pursuant to the procedure provided 4,225
in sections 163.01 to 163.22 of the Revised Code, if funds equal 4,226
to the appraised value of the property to be acquired as the 4,227
result of such proceedings, are on hand and available for such 4,228
purposes, except that: 4,229
(1) Nothing NOTHING contained in sections 4582.01 to 4,231
4582.20 of the Revised Code, shall authorize a port authority to 4,232
take or disturb property or facilities belonging to any public 4,233
corporation, public utility, or common carrier, which property or 4,234
facilities are necessary and convenient in the operation of such 4,235
public corporation, public utility, or common carrier, unless 4,236
provision is made for the restoration, relocating, or duplication 4,237
of such property or facilities, or upon the election of such 4,238
public corporation, public utility, or common carrier, for the 4,239
payment of compensation, if any, at the sole cost of the port 4,240
authority, provided that: 4,241
(a)(1) If any restoration or duplication proposed to be 4,243
made pursuant to this section involves a relocation of such 4,244
property or facilities, the new facilities and location shall be 4,245
of at least comparable utilitarian value and effectiveness, and 4,246
such relocation shall not impair the ability of the public 4,247
103
utility or common carrier to compete in its original area of 4,248
operation.
(b)(2) If any restoration or duplication made pursuant to 4,250
this section involves a relocation of such property or 4,251
facilities, the port authority shall acquire no interest or right 4,252
in or to the appropriated property or facilities, except as 4,253
provided in division (J) of this section, until the relocated 4,254
property or facilities are available for use and until marketable 4,255
title thereto has been transferred to the public utility or 4,256
common carrier. 4,257
(c)(3) Provisions for restoration or duplication shall be 4,259
described in detail in the resolution for appropriation passed by 4,260
the port authority. 4,261
(H) Enjoy and possess the same rights, privileges, and 4,263
powers granted municipal corporations under sections 721.04 to 4,264
721.11 of the Revised Code; 4,265
(I) Maintain such funds as it considers necessary; 4,267
(J) Direct its agents or employees, when properly 4,269
identified in writing, and after at least five days' written 4,270
notice, to enter upon lands within the confines of its 4,271
jurisdiction in order to make surveys and examinations 4,272
preliminary to location and construction of works for the 4,273
purposes of the port authority, without liability of the port 4,274
authority or its agents or employees except for actual damage 4,275
done; 4,276
(K) Sell, lease, or convey other interests in real and 4,278
personal property and grant easements or rights-of-way over 4,279
property of the port authority. The board of directors of the 4,280
port authority shall specify the consideration and any terms 4,281
thereof for such sale, lease, or conveyance of other interests in 4,282
real and personal property. Any determinations made by the board 4,283
of directors under this division shall be conclusive. Such sale, 4,284
lease, or conveyance may be made without advertising and the 4,285
receipt of bids. 4,286
104
(L) Promote, advertise, and publicize the port authority 4,288
facilities and its authorized purposes, provide information to 4,289
persons with an interest in transportation and other port 4,290
authority activities, and appear before rate-making authorities 4,291
to represent and promote the interests of the port authority and 4,292
its authorized purposes; 4,293
(M) Adopt rules, not in conflict with general law, 4,295
governing the use of its property, grounds, buildings, equipment, 4,296
and facilities, and governing the conduct of its employees and 4,297
the public, in order to promote the public safety and convenience 4,298
in and about its terminals and grounds, and to maintain order. 4,299
Any such regulation shall be posted at a prominent place in each 4,300
of the buildings, terminals, or facilities to which it applies. 4,301
No person shall violate any lawful regulation adopted and posted 4,302
as provided in this division. 4,303
(N) Do all acts necessary or appropriate to carry out its 4,305
authorized purposes. The port authority shall have the powers 4,306
and rights granted to other subdivisions under section 9.20 of 4,307
the Revised Code. 4,308
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 4,310
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 4,311
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 4,312
5301.012 OF THE REVISED CODE.
Sec. 4582.31. A port authority created in accordance with 4,321
section 4582.22 of the Revised Code may: 4,322
(A) Adopt bylaws for the regulation of its affairs and the 4,324
conduct of its business; 4,325
(B) Adopt an official seal; 4,327
(C) Maintain a principal office within its jurisdiction, 4,329
and maintain such branch offices as it may require; 4,330
(D) Acquire, purchase, construct, reconstruct, enlarge, 4,332
furnish, equip, maintain, repair, sell, exchange, lease or rent 4,333
to, lease or rent from, or operate port authority facilities; 4,334
(E) Straighten, deepen, and improve any channel, river, 4,336
105
stream, or other water course or way which may be necessary or 4,337
proper in the development of the facilities of a water port; 4,338
(F) Make available the use or services of any port 4,340
authority facility to one or more persons, one or more 4,341
governmental agencies, or any combination thereof; 4,342
(G) Issue bonds or notes for the acquisition or 4,344
construction of any port authority facility or other permanent 4,345
improvement which a port authority is authorized to acquire or 4,346
construct, in compliance with Chapter 133. of the Revised Code, 4,347
except that such bonds or notes may only be issued pursuant to a 4,348
vote of the electors residing within the area of jurisdiction of 4,349
the port authority. The net indebtedness incurred by a port 4,350
authority shall never exceed two per cent of the total value of 4,351
all property within the territory comprising such port authority 4,352
as listed and assessed for taxation. 4,353
(H) Issue port authority revenue bonds beyond the limit of 4,355
bonded indebtedness provided by law, payable solely from revenues 4,356
as provided in section 4582.48 of the Revised Code, unless the 4,357
bonds be refunded by refunding bonds, for the purpose of 4,358
providing funds to pay the costs of any port authority facility 4,359
or facilities or parts thereof, pursuant to Section 13 of Article 4,360
VIII, Ohio Constitution, and in order to create or preserve jobs 4,361
and employment opportunities and improve the economic welfare of 4,362
the people of the state; 4,363
(I) Apply to the proper authorities of the United States 4,365
pursuant to appropriate law for the right to establish, operate, 4,366
and maintain foreign trade zones and establish, operate, and 4,367
maintain such foreign trade zones in accordance with the "Foreign 4,368
Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to 81u; 4,370
(J) Enjoy and possess the same rights, privileges, and 4,372
powers granted municipal corporations under sections 721.04 to 4,373
721.11 of the Revised Code; 4,374
(K) Maintain such funds as it considers necessary; 4,376
(L) Direct its agents or employees, when properly 4,378
106
identified in writing, and after at least five days' written 4,379
notice, to enter upon lands within the confines of its 4,380
jurisdiction in order to make surveys and examinations 4,381
preliminary to location and construction of works for the 4,382
purposes of the port authority, without liability of the port 4,383
authority or its agents or employees except for actual damage 4,384
done; 4,385
(M) Promote, advertise, and publicize the port authority 4,387
and its facilities; provide information to shippers and other 4,388
commercial interests; and appear before rate-making authorities 4,389
to represent and promote the interests of the port authority; 4,390
(N) Adopt rules, not in conflict with general law, 4,392
governing the use of its property, grounds, buildings, equipment, 4,393
and facilities, and governing the conduct of its employees and 4,394
the public, in order to promote the public safety and convenience 4,395
in and about its facilities and grounds, and to maintain order. 4,396
Any such rule shall be posted at a prominent place in each of the 4,397
facilities to which it applies. No person shall violate any 4,398
lawful rule adopted and posted as provided in this division. 4,399
(O) Acquire by gift or purchase, hold, lease, and dispose 4,401
of real and personal property and interests therein in the 4,402
exercise of the powers of the port authority and the performance 4,403
of its duties under sections 4582.21 to 4582.59 of the Revised 4,404
Code; 4,405
(P) Acquire, in the name of the port authority, by 4,407
purchase or otherwise, on such terms and in such manner as the 4,408
port authority finds proper, or by the exercise of the right of 4,409
condemnation in the manner provided by section 4582.56 of the 4,410
Revised Code, such public or private lands, including public 4,411
parks, playgrounds, or reservations, or parts thereof or rights 4,412
therein, rights-of-way, property, rights, easements, and 4,413
interests as it finds necessary for carrying out sections 4582.21 4,414
to 4582.59 of the Revised Code, and compensation shall be paid 4,415
for public or private lands so taken; 4,416
107
(Q) Make and enter into all contracts and agreements and 4,418
execute all instruments necessary or incidental to the 4,419
performance of its duties and the execution of its powers under 4,420
sections 4582.21 to 4582.59 of the Revised Code. 4,421
(1) When the cost under any such contract or agreement, 4,423
other than compensation for personal services, involves an 4,424
expenditure of more than ten thousand dollars, the port authority 4,425
shall make a written contract with the lowest responsive and 4,426
responsible bidder, in accordance with section 9.312 of the 4,427
Revised Code, after advertisement once a week for not less than 4,428
two consecutive weeks in a newspaper of general circulation in 4,429
the county where the facility is located, and in such other 4,430
publications as the port authority determines, which notice shall 4,431
state the general character of the work and the general character 4,432
of the materials to be furnished, the place where plans and 4,433
specifications therefor may be examined, and the time and place 4,434
of receiving bids; provided, that a contract or lease for the 4,435
operation of a port authority facility constructed and owned by 4,436
the port authority or an agreement for cooperation in the 4,437
acquisition or construction of a port authority facility pursuant 4,438
to section 4582.43 of the Revised Code or any contract for the 4,439
construction of a port authority facility that is to be leased by 4,440
the port authority to, and operated by, persons who are not 4,441
governmental agencies and the cost of such facility is to be 4,442
amortized exclusively from rentals or other charges paid to the 4,443
port authority by persons who are not governmental agencies is 4,444
not subject to the foregoing requirements and the port authority 4,445
may enter into such contract, lease, or agreement pursuant to 4,446
negotiation and upon such terms and conditions and for such 4,447
period as it finds to be reasonable and proper in the 4,448
circumstances and in the best interests of proper operation or of 4,449
efficient acquisition or construction of such facility. 4,450
(2) Each bid shall contain the full name of every person 4,452
interested in it and shall be accompanied by a sufficient bond or 4,453
108
certified check on a solvent bank that if the bid is accepted a 4,454
contract will be entered into and the performance thereof 4,455
secured. 4,456
(3) The port authority may reject any and all bids. 4,458
(4) A bond with good and sufficient surety, approved by 4,460
the port authority, shall be required of all contractors in an 4,461
amount equal to at least fifty per cent of the contract price, 4,462
conditioned upon the faithful performance of the contract. 4,463
(R) Employ managers, superintendents, and other employees 4,465
and retain or contract with consulting engineers, financial 4,466
consultants, accounting experts, architects, attorneys, and such 4,467
other consultants and independent contractors as are necessary in 4,468
its judgment to carry out this chapter, and fix the compensation 4,469
thereof. All expenses thereof shall be payable from any 4,470
available funds of the port authority or from funds appropriated 4,471
for such purpose by a political subdivision creating or 4,472
participating in the creation of the port authority. 4,473
(S) Receive and accept from any federal agency grants for 4,475
or in aid of the construction of any port authority facility or 4,476
for research and development with respect to port authority 4,477
facilities, and receive and accept aid or contributions from any 4,478
source of money, property, labor, or other things of value, to be 4,479
held, used, and applied only for the purposes for which such 4,480
grants and contributions are made; 4,481
(T) Engage in research and development with respect to 4,483
port authority facilities; 4,484
(U) Purchase fire and extended coverage and liability 4,486
insurance for any port authority facility and for the principal 4,487
office and branch offices of the port authority, insurance 4,488
protecting the port authority and its officers and employees 4,489
against liability for damage to property or injury to or death of 4,490
persons arising from its operations, and any other insurance the 4,491
port authority may agree to provide under any resolution 4,492
authorizing its port authority revenue bonds or in any trust 4,493
109
agreement securing the same; 4,494
(V) Charge, alter, and collect rentals and other charges 4,496
for the use or services of any port authority facility as 4,497
provided in section 4582.43 of the Revised Code; 4,498
(W) Provide coverage for its employees under Chapters 4,500
145., 4123., and 4141. of the Revised Code; 4,501
(X) Do all acts necessary or proper to carry out the 4,503
powers expressly granted in sections 4582.21 to 4582.59 of the 4,504
Revised Code. 4,505
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 4,507
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 4,508
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 4,509
5301.012 OF THE REVISED CODE.
Sec. 4981.14. (A) The Ohio rail development commission 4,518
may exercise all powers necessary or appropriate to carry out its 4,519
corporate purposes. 4,520
(B) The commission may do all of the following: 4,522
(1) Adopt, and from time to time, ratify, amend, and 4,524
repeal bylaws necessary and proper for the regulation of its 4,525
affairs and the conduct of its business and rules to implement 4,526
and make effective its powers and duties; 4,527
(2) Adopt an official seal; 4,529
(3) Maintain a principal office in Columbus and, if 4,531
necessary, regional sub-offices at locations properly designated 4,532
or provided; 4,533
(4) Sue and be sued in its own name and plead and be 4,535
impleaded in its own name, particularly to enforce the 4,536
obligations and covenants made under sections 4981.13, 4981.14, 4,537
and4981.29 AND 4981.29 of the Revised Code. Any actions against 4,539
the commission shall be brought in the court of common pleas in 4,540
Franklin county, in which the principal office of the commission 4,541
shall be located.
(5) Undertake or cause to be undertaken the acquisition, 4,543
renovation, repair, refunding, operation, maintenance, or 4,544
110
construction of any rail service project; 4,545
(6) Establish and operate a revolving loan fund for the 4,547
purpose of making loans to qualifying subdivisions, local or 4,548
regional transportation authorities, or other persons for the 4,549
acquisition, renovation, repair, refunding, or construction of 4,550
rail service projects by such qualifying subdivisions, local or 4,552
regional transportation authorities, and private corporations or
organizations, and the repayment thereof from project financing 4,553
proceeds and revenues; purchase the obligations of counties and 4,554
municipal corporations issued for the acquisition, renovation, 4,556
repair, or construction of rail service projects by such 4,557
qualifying subdivisions and local or regional transportation 4,558
authorities; and adopt rules and procedures for making those 4,559
loans or purchasing those obligations;
(7) Issue bonds and notes and refunding obligations of the 4,561
state, payable as provided in this chapter unless the bonds are 4,562
refunded by refunding bonds, for the purpose of borrowing money 4,563
to implement any power granted by divisions (B)(5) and (6) of 4,564
this section for one or more rail service projects or parts 4,566
thereof;
(8) Acquire by gift or purchase, hold, or dispose of real 4,568
and personal property in the exercise of its powers and 4,569
performance of its duties as set forth in this chapter; 4,570
(9) Make and enter into all contracts and agreements and 4,572
execute all instruments necessary or incidental to the 4,573
performance of its duties and the execution of its powers and to 4,574
employ natural persons to act on behalf of the commission, and to 4,575
establish the terms and conditions of such employment; 4,576
(10) Receive and accept from any federal agency or other 4,578
person, subject to the approval of the governor, grants for or in 4,579
aid of the construction, repair, renovation, operation, 4,580
maintenance, or acquisition of rail service projects, and receive 4,581
and accept aid or contributions from any source of money, 4,582
property, labor, or other things of value, to be held, used, and 4,583
111
applied only for the purposes for which the grants and 4,584
contributions are made;
(11) Purchase property coverage and liability insurance 4,586
for any rail service project and for any offices of the 4,587
commission, insurance protecting the commission and its officers 4,588
and employees against liability, if any, or damage to property or 4,589
injury to or death of persons arising from its operations, and 4,590
any other insurance the commission may agree to provide under any 4,591
resolution authorizing the issuance of bonds in accordance with 4,592
sections 4981.11 to 4981.26 of the Revised Code, or in any trust 4,593
agreement securing the same; 4,594
(12) Establish or increase reserves from moneys received 4,596
or to be received by the commission to secure or pay the 4,597
principal of and interest on bonds, notes, or other obligations 4,598
issued by the commission pursuant to this chapter or other law. 4,599
Moneys, funds, and accounts of the commission, however, are 4,600
subject only to audit by the auditor of state and all moneys, 4,601
funds, and accounts shall be held in custody or deposited as 4,602
directed by resolution of the commission and unless otherwise 4,603
provided by law all moneys of the commission not pledged to the 4,604
holders of bonds of the commission shall be appropriated by the 4,605
general assembly.
(13) Receive and disburse the proceeds of general 4,607
obligation or other bonds of the state or agencies thereof as may 4,608
be allowed by law pursuant to any resolution or act of the 4,609
general assembly; 4,610
(14) To the extent permitted under its contracts with the 4,612
holders of bonds or notes of the commission, consent to 4,613
modification of the rate of interest, time and payment of 4,614
installment of principal or interest, security, or any other term 4,615
of a bond, contract, or agreement of any kind to which the 4,616
commission is a party; 4,617
(15) Make grants to counties or municipal corporations, 4,619
qualifying subdivisions, local or regional transportation 4,620
112
authorities, or other persons for one or more rail service 4,622
projects of parts thereof;
(16) Provide consultation services to any qualifying 4,624
subdivision, local or regional transportation authority, or other 4,625
person in connection with the acquisition, renovation, repair, or 4,626
construction of any rail service project; 4,627
(17) Establish and amend the criteria and qualifications 4,629
for the making of any loan to or the purchasing of any bond from 4,630
any qualifying subdivision, local or regional transportation 4,631
authority, or other person and the terms not inconsistent with 4,632
this chapter of any loan or bond purchase agreement with any 4,633
qualifying subdivision, local or regional transportation 4,634
authority, or other person; 4,635
(18) Do all acts necessary and proper to carry out the 4,637
powers expressly granted to the commission in this chapter. 4,638
(C) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 4,640
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 4,642
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 4,643
SECTION 5301.012 OF THE REVISED CODE.
Sec. 4981.32. (A) A franchise agreement shall authorize 4,652
the franchisee to do all of the following: 4,653
(1) Acquire and dispose of real and personal property and 4,655
request the Ohio rail development commission to appropriate real 4,656
property for sale to the franchisee in accordance with division 4,657
(A)(5) of section 4981.29 of the Revised Code; 4,658
(2) Plan, design, finance, construct, reconstruct, 4,660
improve, operate, and maintain its portion of the rail system and 4,661
any ancillary system facilities; 4,662
(3) Set and charge rates and fares for the use of its 4,664
portion of the rail system, and retain all revenues in excess of 4,665
debt service and operating expenses up to an agreed return on 4,666
investment; 4,667
(4) Subject to applicable permit requirements, construct 4,669
and operate the rail system over or under canals, navigable 4,670
113
watercourses, and existing transportation and public utility 4,671
rights-of-way; 4,672
(5) Classify users according to reasonable categories for 4,674
the assessment of fares, including peak and off-peak time 4,675
periods; 4,676
(6) Make and enforce reasonable regulations regarding 4,678
usage and safety of that portion of the rail system comprising 4,679
its franchise; 4,680
(7) Engage in any other business in addition to that of 4,682
operator of its portion of the rail system, including the 4,683
purchase and sale of real estate and ownership and operation of 4,684
ancillary system facilities; 4,685
(8) Establish and fund accounts, including reasonable 4,687
reserves for contingencies, maintenance, and replacement, in 4,688
order to ensure the availability of funds to meet future 4,689
obligations of the franchisee; 4,690
(9) Take all other actions it determines necessary and 4,692
appropriate in the operation of the franchise, so long as those 4,693
actions comply with the franchise agreement and with applicable 4,694
state and federal statutes, rules, and regulations. 4,695
(B) The franchisee shall do all of the following: 4,697
(1) Use best efforts to arrange financing for the 4,699
construction and operation of that portion of the rail system 4,700
that comprises its franchise, and pledge assets and revenue as 4,701
may be necessary to secure repayment of obligations; 4,702
(2) Maintain and file with the commission a schedule of 4,704
rates and fares, and file and maintain a statement that those 4,705
rates and fares apply uniformly to all users of the rail system 4,706
within reasonable categories; 4,707
(3) Construct, maintain, and insure the rail system in 4,709
accordance with standards agreed with the commission, and permit 4,710
access for inspection by the commission. Construction may be 4,711
performed in stages pursuant to a schedule or program approved by 4,712
the commission. 4,713
114
(4) Enlarge or expand its portion of the rail system from 4,715
time to time, as reflected in initial plans for the franchise and 4,716
as appropriate to meet market requirements; 4,717
(5) Operate the rail system in accordance with applicable 4,719
legal requirements and any additional reasonable operating and 4,720
safety standards the commission approves, or as otherwise may be 4,721
required by applicable state or federal requirements; 4,722
(6) Contract with state, county, or municipal law 4,724
enforcement agencies, or enter into other arrangements acceptable 4,725
to the commission, to provide law enforcement on and around the 4,726
franchisee's portion of the rail system. 4,727
(C) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 4,729
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 4,731
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 4,732
SECTION 5301.012 OF THE REVISED CODE.
Sec. 5119.37. When it is necessary for a state institution 4,741
under the jurisdiction of the department of mental health to 4,742
acquire any real estate, right of way, or easement in real estate 4,743
in order to accomplish the purposes for which it was organized or 4,744
is being conducted, and the department is unable to agree with 4,745
the owner of such property upon the price to be paid therefor,
such property may be appropriated in the manner provided for the 4,746
appropriation of property for other state purposes. 4,747
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 4,749
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 4,750
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 4,751
5301.012 OF THE REVISED CODE.
Sec. 5120.46. When it is necessary for a state 4,760
correctional institution to acquire any real estate, 4,761
right-of-way, or easement in real estate in order to accomplish 4,762
the purposes for which it was organized or is being conducted,
and the department of rehabilitation and correction is unable to 4,763
agree with the owner of the property upon the price to be paid 4,764
therefor, the property may be appropriated in the manner provided 4,765
115
for the appropriation of property for other state purposes. 4,766
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 4,768
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 4,769
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 4,770
5301.012 OF THE REVISED CODE.
Sec. 5123.22. When it is necessary for an institution 4,779
under the jurisdiction of the department of mental retardation 4,780
and developmental disabilities to acquire any real estate, 4,781
right-of-way, or easement in real estate in order to accomplish 4,782
the purposes for which it was organized or is being conducted,
and the department is unable to agree with the owner of such 4,783
property upon the price to be paid therefor, such property may be 4,784
appropriated in the manner provided for the appropriation of 4,785
property for other state purposes. 4,786
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 4,788
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 4,789
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 4,790
5301.012 OF THE REVISED CODE.
Sec. 5301.012. (A) AS USED IN THIS SECTION, "AGENCY" 4,793
MEANS EVERY ORGANIZED BODY, OFFICE, OR AGENCY ESTABLISHED BY THE 4,794
LAWS OF THE STATE FOR THE EXERCISE OF ANY FUNCTION OF STATE 4,795
GOVERNMENT.
(B) ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE 4,798
STATE ACQUIRES AN INTEREST IN REAL PROPERTY, INCLUDING ANY DEED, 4,799
TRANSFER, GRANT, RESERVATION, AGREEMENT CREATING AN EASEMENT, OR
LEASE, SHALL IDENTIFY THE AGENCY FOR WHOSE USE AND BENEFIT THE 4,801
INTEREST IN THE REAL PROPERTY IS ACQUIRED.
(C)(1) IF THE INSTRUMENT CONVEYS LESS THAN A FEE SIMPLE 4,803
INTEREST IN REAL PROPERTY AND IF THE AGENCY HAS AUTHORITY TO HOLD 4,806
AN INTEREST IN PROPERTY IN ITS OWN NAME, THE INSTRUMENT SHALL 4,807
STATE THAT THE INTEREST IN THE REAL PROPERTY IS CONVEYED "TO 4,808
.......... (THE NAME OF THE AGENCY)." OTHERWISE, THE INSTRUMENT 4,809
SHALL STATE THAT THE INTEREST IN THE REAL PROPERTY IS CONVEYED 4,810
"TO THE STATE OF OHIO FOR THE USE AND BENEFIT OF .......... (NAME 4,811
116
OF AGENCY)." 4,812
(2) IF THE INSTRUMENT CONVEYS A FEE SIMPLE INTEREST IN 4,814
REAL PROPERTY AND IF THE AGENCY HAS AUTHORITY TO HOLD A FEE 4,816
SIMPLE INTEREST IN REAL PROPERTY IN ITS OWN NAME, THE INSTRUMENT 4,817
SHALL STATE THAT THE INTEREST IN THE REAL PROPERTY IS CONVEYED 4,819
"TO THE .......... (NAME OF AGENCY) AND ITS SUCCESSORS AND 4,820
ASSIGNS." OTHERWISE, THE INSTRUMENT THAT CONVEYS A FEE SIMPLE 4,821
INTEREST IN THE REAL PROPERTY SHALL STATE "TO THE STATE OF OHIO 4,822
AND ITS SUCCESSORS AND ASSIGNS FOR THE USE AND BENEFIT OF 4,823
.......... (NAME OF AGENCY)."
(D) THE PURPOSE OF SPECIFYING THE NAME OF THE AGENCY IN 4,825
THE INSTRUMENT IS TO IDENTIFY THE AGENCY THAT HAS THE USE AND 4,826
BENEFIT OF THE REAL PROPERTY. THE IDENTIFICATION OF THE AGENCY 4,827
PURSUANT TO THIS SECTION DOES NOT CONFER ON THAT AGENCY ANY 4,828
ADDITIONAL PROPERTY RIGHTS IN REGARD TO THE REAL PROPERTY. 4,829
Sec. 5501.32. The director of transportation may purchase 4,838
property in fee simple in the name of the state by warranty deed, 4,839
and all or any part of a tract of land when the acquisition of a 4,840
part of the land needed for highway purposes will result in 4,841
substantial damages to the residue by severance, controlled 4,842
access, or isolation. The warranty deed shall contain a 4,843
description of the property suitable for platting on tax maps. 4,844
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO 4,845
THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE 4,846
USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 4,847
5301.012 OF THE REVISED CODE.
The director, in the name of the state, may sell all the 4,849
right, title, and interest of the state in any part of land not 4,850
required for highway purposes, provided the director shall have 4,851
the parcel of land appraised by a department prequalified 4,852
appraiser. 4,853
Except as otherwise provided in this section, the director 4,855
shall advertise the sale of land not required for highway 4,857
purposes in a newspaper of general circulation in the county in 4,858
117
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 4,860
public auction to the highest bidder for not less than two-thirds 4,861
of its appraised value, but the director may reject all bids that 4,862
are less than the full appraised value of the land. 4,864
If, however, land not required for highway purposes is 4,866
appraised as having a current fair market value of five thousand 4,868
dollars or less, the director may sell the land to the sole 4,869
abutting owner through a private sale at a price not less than 4,870
its appraised value. If there is more than one abutting owner, 4,871
the director may invite all of the abutting owners to submit 4,872
sealed bids and may sell the land to the highest bidder at not 4,873
less than its appraised value.
All expense incurred in the sale of each parcel of land 4,875
shall be paid out of the proceeds of the sale and the balance 4,876
shall be deposited in the highway fund from which the purchase 4,877
was made. 4,878
The deed to the purchaser of land under this section shall 4,881
be prepared by the auditor of state, executed by the governor,
countersigned by the secretary of state, and shall bear the great 4,883
seal of the state.
Sec. 5503.02. (A) The state highway patrol shall enforce 4,893
the laws of the state relating to the titling, registration, and 4,894
licensing of motor vehicles; enforce on all roads and highways, 4,895
notwithstanding section 4513.39 of the Revised Code, the laws 4,896
relating to the operation and use of vehicles on the highways; 4,897
enforce and prevent the violation of the laws relating to the 4,898
size, weight, and speed of commercial motor vehicles and all laws 4,899
designed for the protection of the highway pavements and 4,900
structures on the highways; investigate and enforce rules and 4,901
laws of the public utilities commission governing the 4,902
transportation of persons and property by motor carriers and 4,903
report violations of such rules and laws to the commission; 4,904
enforce against any motor transportation company as defined in 4,905
118
section 4921.02 of the Revised Code, any contract carrier by 4,906
motor vehicle as defined in section 4923.02 of the Revised Code, 4,907
any private motor carrier as defined in section 4923.20 of the 4,908
Revised Code, and any motor carrier as defined in section 4919.75 4,909
of the Revised Code those rules and laws that, if violated, may 4,910
result in a forfeiture as provided in section 4905.83, 4919.99, 4,911
4921.99, or 4923.99 of the Revised Code; investigate and report 4,913
violations of all laws relating to the collection of excise taxes 4,914
on motor vehicle fuels; and regulate the movement of traffic on 4,915
the roads and highways of the state, notwithstanding section 4,916
4513.39 of the Revised Code. 4,917
The patrol, whenever possible, shall determine the identity 4,919
of the persons who are causing or who are responsible for the 4,920
breaking, damaging, or destruction of any improved surfaced 4,921
roadway, structure, sign, marker, guardrail, or other 4,922
appurtenance constructed or maintained by the department of 4,923
transportation and shall arrest the persons who are responsible 4,924
for the breaking, damaging, or destruction and bring them before 4,925
the proper officials for prosecution. 4,926
State highway patrol troopers shall investigate and report 4,928
all motor vehicle accidents on all roads and highways outside of 4,929
municipal corporations. The superintendent of the patrol or any 4,930
state highway patrol trooper may arrest, without a warrant, any 4,931
person, who is the driver of or a passenger in any vehicle 4,932
operated or standing on a state highway, whom the superintendent 4,933
or trooper has reasonable cause to believe is guilty of a felony, 4,935
under the same circumstances and with the same power that any 4,936
peace officer may make such an arrest. 4,937
The superintendent or any state highway patrol trooper may 4,939
enforce the criminal laws on all state properties and state 4,940
institutions, owned or leased by the state, and, when so ordered 4,941
by the governor in the event of riot, civil disorder, or 4,942
insurrection, may, pursuant to sections 2935.03 to 2935.05 of the 4,943
Revised Code, arrest offenders against the criminal laws wherever 4,944
119
they may be found within the state if the violations occurred 4,945
upon, or resulted in injury to person or property on, state 4,946
properties or state institutions, or under the conditions 4,947
described in division (B) of this section. 4,948
(B) In the event of riot, civil disorder, or insurrection, 4,950
or the reasonable threat of riot, civil disorder, or 4,951
insurrection, and upon request, as provided in this section, of 4,952
the sheriff of a county or the mayor or other chief executive of 4,953
a municipal corporation, the governor may order the state highway 4,954
patrol to enforce the criminal laws within the area threatened by 4,955
riot, civil disorder, or insurrection, as designated by the 4,956
governor, upon finding that law enforcement agencies within the 4,957
counties involved will not be reasonably capable of controlling 4,958
the riot, civil disorder, or insurrection and that additional 4,959
assistance is necessary. In cities in which the sheriff is under 4,960
contract to provide exclusive police services pursuant to section 4,961
311.29 of the Revised Code, in villages, and in the 4,962
unincorporated areas of the county, the sheriff has exclusive 4,963
authority to request the use of the patrol. In cities in which 4,964
the sheriff does not exclusively provide police services, the 4,965
mayor, or other chief executive performing the duties of mayor, 4,966
has exclusive authority to request the use of the patrol. 4,967
The superintendent or any state highway patrol trooper may 4,969
enforce the criminal laws within the area designated by the 4,970
governor during the emergency arising out of the riot, civil 4,971
disorder, or insurrection until released by the governor upon 4,972
consultation with the requesting authority. State highway patrol 4,973
troopers shall never be used as peace officers in connection with 4,974
any strike or labor dispute. 4,975
When a request for the use of the patrol is made pursuant 4,977
to this division, the requesting authority shall notify the law 4,978
enforcement authorities in contiguous communities and the sheriff 4,979
of each county within which the threatened area, or any part of 4,980
the threatened area, lies of the request, but the failure to 4,981
120
notify the authorities or a sheriff shall not affect the validity 4,982
of the request. 4,983
(C) Any person who is arrested by the superintendent or a 4,985
state highway patrol trooper shall be taken before any court or 4,986
magistrate having jurisdiction of the offense with which the 4,987
person is charged. Any person who is arrested or apprehended 4,988
within the limits of a municipal corporation shall be brought 4,989
before the municipal court or other tribunal of the municipal 4,990
corporation. 4,991
(D)(1) State highway patrol troopers have the same right 4,993
and power of search and seizure as other peace officers. 4,994
No state official shall command, order, or direct any state 4,996
highway patrol trooper to perform any duty or service that is not 4,997
authorized by law. The powers and duties conferred on the patrol 4,998
are supplementary to, and in no way a limitation on, the powers 4,999
and duties of sheriffs or other peace officers of the state. 5,000
(2)(a) A state highway patrol trooper, pursuant to the 5,002
policy established by the superintendent of the state highway 5,003
patrol under division (D)(2)(b) of this section, may render 5,004
emergency assistance to any other peace officer who has arrest 5,005
authority under section 2935.03 of the Revised Code, if both of 5,006
the following apply: 5,007
(i) There is a threat of imminent physical danger to the 5,009
peace officer, a threat of physical harm to another person, or 5,010
any other serious emergency situation; 5,011
(ii) Either the peace officer requests emergency 5,013
assistance or it appears that the peace officer is unable to 5,014
request emergency assistance and the circumstances observed by 5,015
the state highway patrol trooper reasonably indicate that 5,016
emergency assistance is appropriate. 5,017
(b) The superintendent of the state highway patrol shall 5,019
establish, within sixty days of August 8, 1991, a policy that 5,020
sets forth the manner and procedures by which a state highway 5,021
patrol trooper may render emergency assistance to any other peace 5,022
121
officer under division (D)(2)(a) of this section. The policy 5,023
shall include a provision that a state highway patrol trooper 5,024
never be used as a peace officer in connection with any strike or 5,025
labor dispute. 5,026
(3)(a) A state highway patrol trooper who renders 5,028
emergency assistance to any other peace officer under the policy 5,029
established by the superintendent pursuant to division (D)(2)(b) 5,030
of this section shall be considered to be performing regular 5,031
employment for the purposes of compensation, pension, indemnity 5,032
fund rights, workers' compensation, and other rights or benefits 5,033
to which the trooper may be entitled as incident to regular 5,035
employment.
(b) A state highway patrol trooper who renders emergency 5,037
assistance to any other peace officer under the policy 5,038
established by the superintendent pursuant to division (D)(2)(b) 5,039
of this section retains personal immunity from liability as 5,040
specified in section 9.86 of the Revised Code. 5,041
(c) A state highway patrol trooper who renders emergency 5,043
assistance under the policy established by the superintendent 5,044
pursuant to division (D)(2)(b) of this section has the same 5,045
authority as the peace officer for or with whom he THE STATE 5,046
HIGHWAY PATROL TROOPER is providing emergency assistance. 5,048
(E)(1) Subject to the availability of funds specifically 5,050
appropriated by the general assembly for security detail 5,051
purposes, the state highway patrol shall provide security as 5,052
follows: 5,053
(a) For the governor; 5,055
(b) At the direction of the governor, for other officials 5,057
of the state government of this state; officials of the state 5,058
governments of other states who are visiting this state; 5,059
officials of the United States government who are visiting this 5,060
state; officials of the governments of foreign countries or their 5,061
political subdivisions who are visiting this state; or other 5,062
officials or dignitaries who are visiting this state, including, 5,063
122
but not limited to, members of trade missions; 5,064
(c) For the capitol square, as defined in section 105.41 5,067
of the Revised Code;
(d) For other state property. 5,069
(2) To carry out the security responsibilities of the 5,071
patrol listed in division (E)(1) of this section, the 5,072
superintendent may assign state highway patrol troopers to a 5,073
separate unit that is responsible for security details. The 5,074
number of troopers assigned to particular security details shall 5,075
be determined by the superintendent. 5,076
(3) The superintendent and any state highway patrol 5,078
trooper, when providing security pursuant to division (E)(1)(a) 5,079
or (b) of this section, have the same arrest powers as other 5,080
peace officers to apprehend offenders against the criminal laws 5,081
who endanger or threaten the security of any person being 5,082
protected, no matter where the offense occurs. 5,083
The superintendent, any state highway patrol trooper, and 5,085
any special police officer designated under section 5503.09 of 5,086
the Revised Code, when providing security pursuant to division 5,087
(E)(1)(c) of this section, shall enforce any rules governing 5,088
capitol square adopted by the capitol square review and advisory 5,089
board.
(F) The governor may order the state highway patrol to 5,091
undertake major criminal investigations that involve state 5,092
property interests. If an investigation undertaken pursuant to 5,093
this division results in either the issuance of a no bill or the 5,094
filing of an indictment, the superintendent shall file a complete 5,095
and accurate report of the investigation with the president of 5,096
the senate, the speaker of the house of representatives, the 5,097
minority leader of the senate, and the minority leader of the 5,098
house of representatives within fifteen days after the issuance 5,099
of the no bill or the filing of an indictment. If the 5,100
investigation does not have as its result any prosecutorial 5,101
action, the superintendent shall, upon reporting this fact to the 5,102
123
governor, file a complete and accurate report of the 5,103
investigation with the president of the senate, the speaker of 5,104
the house of representatives, the minority leader of the senate, 5,105
and the minority leader of the house of representatives. 5,106
(G) The superintendent may purchase or lease real property 5,108
and buildings needed by the patrol, negotiate the sale of real 5,109
property owned by the patrol, rent or lease real property owned 5,110
or leased by the patrol, and make or cause to be made repairs to 5,111
all property owned or under the control of the patrol. ANY 5,112
INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS
DIVISION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE 5,113
AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 5,114
OF THE REVISED CODE.
Sections 123.01 and 125.02 of the Revised Code do not limit 5,116
the powers granted to the superintendent by this division. 5,117
Sec. 5519.01. If the director of transportation is unable 5,126
to purchase property for any purpose related to highways, roads, 5,127
or bridges authorized by Chapters 5501., 5503., 5511., 5513., 5,128
5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528., 5,129
5529., 5531., 5533., and 5535. of the Revised Code, or, if the 5,130
Ohio rail development commission is unable to purchase property 5,131
for any purpose necessary for the implementation of rail service 5,133
under Chapter 4981. of the Revised Code, the director shall 5,134
issue, or the commission shall enter on the records of the 5,135
commission, a finding that it is necessary, for the public 5,136
convenience and welfare, to appropriate such property as the 5,137
director or commission considers needed for such purposes. The 5,138
finding shall contain a definite, accurate, and detailed 5,139
description of the property, and the name and place of residence, 5,141
if known or with reasonable diligence ascertainable, of the owner 5,142
of the property appropriated. The commission shall submit to the
director a copy of its record finding that the appropriation of 5,143
property is necessary. The commission shall not proceed with the 5,144
appropriation unless it is first approved by the director. 5,145
124
The director or commission, in such finding, shall fix what 5,147
the director or commission considers to be the value of such 5,148
property appropriated, together with damages to the residue, and 5,150
deposit the value thereof, together with the damages, with the 5,151
probate court or the court of common pleas of the county within 5,152
which the property, or a part thereof, is situated. The power to 5,153
appropriate property for any purpose authorized by such chapters 5,154
shall be exercised in the manner provided in sections 163.01 to 5,155
163.22 of the Revised Code.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 5,157
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 5,158
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 5,159
5301.012 OF THE REVISED CODE.
Sec. 5529.03. The director of transportation may acquire 5,168
by gift, purchase, or appropriation, any interest, estate, or 5,169
right in and to real property adjacent to highways of this state 5,170
as necessary for the restoration, preservation, and enhancement 5,171
of scenic beauty adjacent to said highways, or for the 5,172
establishment of publicly owned and controlled rest and 5,173
recreation areas and sanitary and other facilities within or 5,174
adjacent to the right-of-way of said highways to accommodate the 5,175
traveling public. Nothing in this section authorizes the 5,176
director to appropriate fee simple title to real property further 5,177
than three hundred feet from the nearest edge of the highway 5,178
right-of-way. 5,179
The director may convey or lease any such property adjacent 5,181
to the highway right-of-way to any person or entity in the manner 5,182
and subject to such reservations, conditions, covenants, or other 5,184
contractual arrangements as the director determines will not 5,185
substantially interfere with the scenic character or beauty of 5,186
the area traversed by the highway. 5,187
The director may employ consulting engineers and enter into 5,189
contracts for consulting engineering services with any qualified 5,190
person, firm, partnership, corporation, or association to prepare 5,191
125
plans and estimates and generally supervise the construction and 5,192
landscaping for scenic enhancement and roadside beautification 5,193
projects, and in the awarding of such contracts compliance with 5,194
sections 5501.17 and 5525.01 of the Revised Code is not required. 5,195
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 5,197
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 5,198
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 5,199
5301.012 OF THE REVISED CODE.
Sec. 5537.06. (A) The Ohio turnpike commission may 5,208
acquire by purchase, lease, lease-purchase, lease with option to 5,209
purchase, appropriation, or otherwise and in such manner and for 5,210
such consideration as it considers proper, any public or private 5,211
property necessary, convenient, or proper for the construction, 5,212
maintenance, or efficient operation of the Ohio turnpike system. 5,213
The commission may pledge net revenues, to the extent permitted 5,214
by this chapter with respect to bonds, to secure payments to be 5,215
made by the commission under any such lease, lease-purchase 5,216
agreement, or lease with option to purchase. Title to personal 5,217
property, and interests less than a fee in real property, shall 5,218
be held in the name of the commission. Title to real property 5,219
held in fee shall be held in the name of the state for the use of 5,220
the commission. In any proceedings for appropriation under this 5,221
section, the procedure to be followed shall be in accordance with 5,222
the procedure provided in sections 163.01 to 163.22 of the 5,223
Revised Code, including division (B) of section 163.06 of the 5,224
Revised Code notwithstanding the limitation in that division of 5,225
its applicability to roads open to the public without charge. 5,226
Except as otherwise agreed upon by the owner, full compensation 5,227
shall be paid for public property so taken. 5,228
(B) This section does not authorize the commission to take 5,230
or disturb property or facilities belonging to any public utility 5,231
or to a common carrier engaged in interstate commerce, which 5,232
property or facilities are required for the proper and convenient 5,233
operation of the public utility or common carrier, unless 5,234
126
provision is made for the restoration, relocation, replication, 5,235
or duplication of the property or facilities elsewhere at the 5,236
sole cost of the commission. 5,237
(C) Disposition of real property shall be by the 5,239
commission in the manner and for the consideration it determines 5,240
if to a state agency or other governmental agency, and otherwise 5,241
in the manner provided in section 5501.45 of the Revised Code for 5,242
the disposition of property by the director of transportation. 5,243
Disposition of personal property shall be in the manner and for 5,244
the consideration the commission determines. 5,245
(D) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED 5,247
PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE 5,249
THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN 5,250
SECTION 5301.012 OF THE REVISED CODE.
Sec. 6121.04. The Ohio water development authority may do 5,259
any or all of the following: 5,260
(A) Adopt bylaws for the regulation of its affairs and the 5,262
conduct of its business; 5,263
(B) Adopt an official seal; 5,265
(C) Maintain a principal office and suboffices at places 5,267
within the state that it designates; 5,268
(D) Sue and plead in its own name, and be sued and 5,270
impleaded in its own name with respect to its contracts or torts 5,271
of its members, employees, or agents acting within the scope of 5,272
their employment, or to enforce its obligations and covenants 5,273
made under sections 6121.06, 6121.08, and 6121.13 of the Revised
Code. Any such actions against the authority shall be brought in 5,274
the court of common pleas of the county in which the principal 5,275
office of the authority is located or in the court of common 5,276
pleas of the county in which the cause of action arose, provided 5,277
that the county is located within this state, and all summonses, 5,278
exceptions, and notices of every kind shall be served on the
authority by leaving a copy thereof at the principal office with 5,279
the person in charge thereof or with the secretary-treasurer of 5,280
127
the authority.
(E) Make loans and grants to governmental agencies for the 5,282
acquisition or construction of water development projects by any 5,283
such governmental agency and adopt rules and procedures for 5,284
making such loans and grants;
(F) Acquire, construct, reconstruct, enlarge, improve, 5,286
furnish, equip, maintain, repair, operate, or lease or rent to, 5,287
or contract for operation by, a governmental agency or person, 5,288
water development projects, and establish rules for the use of 5,289
such projects;
(G) Make available the use or services of any water 5,291
development project to one or more persons, one or more 5,292
governmental agencies, or any combination thereof; 5,293
(H) Issue water development revenue bonds and notes and 5,295
water development revenue refunding bonds of the state, payable 5,296
solely from revenues as provided in section 6121.06 of the 5,297
Revised Code, unless the bonds are refunded by refunding bonds, 5,298
for the purpose of paying any part of the cost of one or more
water development projects or parts thereof; 5,299
(I) Acquire by gift or purchase, hold, and dispose of real 5,301
and personal property in the exercise of its powers and the 5,302
performance of its duties under this chapter; 5,303
(J) Acquire, in the name of the state, by purchase or 5,305
otherwise, on such terms and in such manner as it considers 5,306
proper, or by the exercise of the right of condemnation in the 5,307
manner provided by section 6121.18 of the Revised Code, such 5,308
public or private lands, including public parks, playgrounds, or
reservations, or parts thereof or rights therein, rights-of-way, 5,309
property, rights, easements, and interests as it considers 5,310
necessary for carrying out this chapter, but excluding the 5,311
acquisition by the exercise of the right of condemnation of any 5,312
waste water facility or water management facility owned by any 5,313
person or governmental agency, and compensation shall be paid for
public or private lands so taken, except that a government-owned 5,314
128
waste water facility may be appropriated in accordance with 5,315
section 6121.041 of the Revised Code;
(K) Adopt rules to protect augmented flow in waters of the 5,317
state, to the extent augmented by a water development project, 5,318
from depletion so it will be available for beneficial use, and to 5,319
provide standards for the withdrawal from waters of the state of 5,320
the augmented flow created by a water development project that is 5,321
not returned to the waters of the state so augmented and to
establish reasonable charges therefor if considered necessary by 5,322
the authority; 5,323
(L) Make and enter into all contracts and agreements and 5,325
execute all instruments necessary or incidental to the 5,326
performance of its duties and the execution of its powers under 5,327
this chapter in accordance with the following requirements: 5,328
(1) When the cost under any such contract or agreement, 5,330
other than compensation for personal services, involves an 5,331
expenditure of more than ten thousand dollars, the authority 5,332
shall make a written contract with the lowest responsive and 5,333
responsible bidder, in accordance with section 9.312 of the
Revised Code, after advertisement for not less than two 5,334
consecutive weeks in a newspaper of general circulation in 5,335
Franklin county, and in such other publications as the authority 5,336
determines, which shall state the general character of the work 5,337
and the general character of the materials to be furnished, the 5,338
place where plans and specifications therefor may be examined,
and the time and place of receiving bids, provided that a 5,339
contract or lease for the operation of a water development 5,340
project constructed and owned by the authority or an agreement 5,341
for cooperation in the acquisition or construction of a water 5,342
development project pursuant to section 6121.13 of the Revised
Code or any contract for the construction of a water development 5,343
project that is to be leased by the authority to, and operated 5,344
by, persons who are not governmental agencies and the cost of the 5,345
project is to be amortized exclusively from rentals or other 5,346
129
charges paid to the authority by persons who are not governmental 5,347
agencies is not subject to the foregoing requirements and the 5,348
authority may enter into such a contract or lease or such an
agreement pursuant to negotiation and upon such terms and 5,349
conditions and for such period as it finds to be reasonable and 5,350
proper in the circumstances and in the best interests of proper 5,351
operation or of efficient acquisition or construction of the 5,352
project.
(2) Each bid for a contract for the construction, 5,354
demolition, alteration, repair, or reconstruction of an 5,355
improvement shall contain the full name of every person 5,356
interested in it and shall meet the requirements of section
153.54 of the Revised Code. 5,357
(3) Each bid for a contract except as provided in division 5,359
(L)(2) of this section shall contain the full name of every 5,360
person or company interested in it and shall be accompanied by a 5,361
sufficient bond or certified check on a solvent bank that if the 5,362
bid is accepted, a contract will be entered into and the 5,363
performance thereof secured.
(4) The authority may reject any and all bids. 5,365
(5) A bond with good and sufficient surety, approved by 5,367
the authority, shall be required of every contractor awarded a 5,368
contract except as provided in division (L)(2) of this section, 5,369
in an amount equal to at least fifty per cent of the contract 5,370
price, conditioned upon the faithful performance of the contract. 5,371
(M) Employ managers, superintendents, and other employees 5,373
and retain or contract with consulting engineers, financial 5,374
consultants, accounting experts, architects, attorneys, and other 5,375
consultants and independent contractors as are necessary in its 5,376
judgment to carry out this chapter, and fix the compensation 5,377
thereof. All expenses thereof shall be payable solely from the
proceeds of water development revenue bonds or notes issued under 5,378
this chapter, from revenues, or from funds appropriated for that 5,379
purpose by the general assembly. 5,380
130
(N) Receive and accept from any federal agency, subject to 5,382
the approval of the governor, grants for or in aid of the 5,383
construction of any water development project or for research and 5,384
development with respect to waste water or water management 5,385
facilities, and receive and accept aid or contributions from any 5,386
source of money, property, labor, or other things of value, to be 5,387
held, used, and applied only for the purposes for which the
grants and contributions are made; 5,388
(O) Engage in research and development with respect to 5,390
waste water or water management facilities; 5,391
(P) Purchase fire and extended coverage and liability 5,393
insurance for any water development project and for the principal 5,394
office and suboffices of the authority, insurance protecting the 5,395
authority and its officers and employees against liability for 5,396
damage to property or injury to or death of persons arising from 5,397
its operations, and any other insurance the authority may agree
to provide under any resolution authorizing its water development 5,398
revenue bonds or in any trust agreement securing the same; 5,399
(Q) Charge, alter, and collect rentals and other charges 5,401
for the use or services of any water development project as 5,402
provided in section 6121.13 of the Revised Code; 5,403
(R) Provide coverage for its employees under sections 5,405
4123.01 to 4123.94, 4141.01 to 4141.46, and 145.01 to 145.58 of 5,406
the Revised Code;
(S) Assist in the implementation and administration of the 5,408
drinking water assistance fund and program created in section 5,409
6109.22 of the Revised Code and the water pollution control loan 5,410
fund and program created in section 6111.036 of the Revised Code, 5,411
including, without limitation, performing or providing fiscal 5,412
management for the funds and investing and disbursing moneys in
the funds, and enter into all necessary and appropriate 5,413
agreements with the director of environmental protection for 5,414
those purposes;
(T) Issue water development revenue bonds and notes of the 5,416
131
state in principal amounts that are necessary for the purpose of 5,417
raising moneys for the sole benefit of the water pollution 5,418
control loan fund created in section 6111.036 of the Revised 5,419
Code, including moneys to meet the requirement for providing
matching moneys under division (D) of that section. The bonds 5,420
and notes may be secured by appropriate trust agreements and 5,421
repaid from moneys credited to the fund from payments of 5,422
principal and interest on loans made from the fund, as provided 5,423
in division (F) of section 6111.036 of the Revised Code.
(U) Issue water development revenue bonds and notes of the 5,425
state in principal amounts that are necessary for the purpose of 5,426
raising moneys for the sole benefit of the drinking water 5,427
assistance fund created in section 6109.22 of the Revised Code, 5,428
including moneys to meet the requirement for providing matching 5,429
moneys under divisions (B) and (F) of that section. The bonds
and notes may be secured by appropriate trust agreements and 5,430
repaid from moneys credited to the fund from payments of 5,431
principal and interest on loans made from the fund, as provided 5,432
in division (F) of section 6109.22 of the Revised Code. 5,433
(V) Do all acts necessary or proper to carry out the 5,435
powers expressly granted in this chapter. 5,436
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 5,438
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 5,439
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 5,440
5301.012 OF THE REVISED CODE.
Sec. 6123.04. For the purposes of this chapter, the Ohio 5,449
water development authority may: 5,450
(A) Adopt bylaws for the regulation of its affairs and the 5,452
conduct of its business under this chapter; 5,453
(B) Sue and plead in its own name; be sued and impleaded 5,455
in its own name with respect to its contracts or torts of its 5,456
members, employees, or agents acting within the scope of their 5,457
employment, or to enforce its obligations and covenants made 5,458
under sections 6123.06, 6123.08, and 6123.13 of the Revised Code. 5,459
132
Any such actions against the authority shall be brought in the 5,460
court of common pleas of the county in which the principal office 5,461
of the authority is located, or in the court of common pleas of 5,462
the county in which the cause of action arose, provided such 5,463
county is located within this state, and all summonses, 5,464
exceptions, and notices of every kind shall be served on the 5,465
authority by leaving a copy thereof at the principal office with 5,466
the person in charge thereof or with the secretary-treasurer of 5,467
the authority. 5,468
(C) Make loans and grants to governmental agencies for the 5,470
acquisition or construction of development projects by any such 5,471
governmental agency and adopt rules and procedures for making 5,472
such loans and grants; 5,473
(D) Acquire, construct, reconstruct, enlarge, improve, 5,475
furnish, equip, maintain, repair, operate, lease or rent to, or 5,476
contract for operation by, a person or governmental agency, 5,477
development projects, and establish rules for the use of such 5,478
projects; 5,479
(E) Make available the use or services of any development 5,481
project to one or more persons, one or more governmental 5,482
agencies, or any combination thereof; 5,483
(F) Issue development revenue bonds and notes and 5,485
development revenue refunding bonds of the state, payable solely 5,486
from revenues as provided in section 6123.06 of the Revised Code, 5,487
unless the bonds be refunded by refunding bonds, for the purpose 5,488
of paying any part of the cost of one or more development 5,489
projects or parts thereof; 5,490
(G) Acquire by gift or purchase, hold, and dispose of real 5,492
and personal property in the exercise of the powers of the 5,493
authority and the performance of its duties under this chapter; 5,494
(H) Acquire, in the name of the state, by purchase or 5,496
otherwise, on such terms and in such manner as the authority 5,497
determines proper, public or private lands, or parts thereof or 5,498
rights therein, rights-of-way, property, rights, easements, and 5,499
133
interests as it finds necessary for carrying out this chapter; 5,500
and compensation shall be paid for public or private lands so 5,501
taken; 5,502
(I) Make and enter into all contracts and agreements and 5,504
execute all instruments necessary or incidental to the 5,505
performance of its duties and the execution of its powers under 5,506
this chapter: 5,507
(1) When the cost under any such contract or agreement, 5,509
other than compensation for personal services, involves an 5,510
expenditure of more than two thousand dollars, the authority 5,511
shall make a written contract with the lowest responsive and 5,512
responsible bidder, in accordance with section 9.312 of the 5,513
Revised Code, after advertisement for not less than two 5,514
consecutive weeks in a newspaper of general circulation in 5,515
Franklin county, and in such other publications as the authority 5,516
determines, such notice shall state the general character of the 5,517
work and materials to be furnished, the place where plans and 5,518
specifications therefor may be examined, and the time and place 5,519
of receiving bids. Provided, that a contract or lease for the 5,520
operation of a development project constructed and owned by the 5,521
authority or an agreement for cooperation in the acquisition or 5,522
construction of a development project pursuant to section 6123.13 5,523
of the Revised Code or any contract for the construction of a 5,524
development project that is to be leased by the authority to, and 5,525
operated by, persons who are not governmental agencies and the 5,526
cost of such project is to be amortized exclusively from rentals 5,527
or other charges paid to the authority by persons who are not 5,528
governmental agencies or by governmental agencies that receive 5,529
the use or services of such project, including governmental 5,530
agencies that are parties to an agreement for cooperation in the 5,531
acquisition or construction of such development project pursuant 5,532
to section 6123.13 of the Revised Code, is not subject to the 5,533
foregoing requirements and the authority may enter into such 5,534
contract or lease or such agreement pursuant to negotiation and 5,535
134
upon such terms and conditions and for such period as it finds to 5,536
be reasonable and proper in the circumstances and in the best 5,537
interests of proper operation or of efficient acquisition or 5,538
construction of such project. 5,539
(2) Each bid for a contract for the construction, 5,541
demolition, alteration, repair, or reconstruction of an 5,542
improvement shall contain the full name of every person 5,543
interested in it and who meets the requirements of section 153.54 5,544
of the Revised Code. 5,545
(3) Each bid for a contract, except as provided in 5,547
division (I)(2) of this section, shall contain the full name of 5,548
every person or company interested in it and shall be accompanied 5,549
by a sufficient bond or certified check on a solvent bank that if 5,550
the bid is accepted a contract will be entered into and the 5,551
performance thereof secured. 5,552
(4) The authority may reject any and all bids. 5,554
(5) A bond with good and sufficient surety, approved by 5,556
the authority, shall be required of every contractor awarded a 5,557
contract except as provided in division (I)(2) of this section, 5,558
in an amount equal to at least fifty per cent of the contract 5,559
price, conditioned upon the faithful performance of the contract. 5,560
(J) Employ managers, superintendents, and other employees 5,562
and retain or contract with consulting engineers, financial 5,563
consultants, accounting experts, architects, attorneys, and such 5,564
other consultants and independent contractors as are necessary in 5,565
its judgment to carry out this chapter, and fix the compensation 5,566
thereof. All expenses thereof shall be payable solely from the 5,567
proceeds of development revenue bonds or notes issued under this 5,568
chapter, from revenues, or from funds appropriated for such 5,569
purpose by the general assembly. 5,570
(K) Receive and accept from any federal agency, subject to 5,572
the approval of the governor, grants for or in aid of the 5,573
construction of any development project or for research and 5,574
development with respect to solid waste facilities or energy 5,575
135
resource development facilities, and receive and accept aid or 5,576
contributions from any source of money, property, labor, or other 5,577
things of value, to be held, used, and applied only for the 5,578
purposes for which such grants and contributions are made; 5,579
(L) Engage in research and development with respect to 5,581
solid waste facilities or energy resource development facilities; 5,582
(M) Purchase fire and extended coverage and liability 5,584
insurance for any development project and for the principal 5,585
office and sub-offices of the authority, insurance protecting the 5,586
authority and its officers and employees against liability for 5,587
damage to property or injury to or death of persons arising from 5,588
its operations, and any other insurance the authority may agree 5,589
to provide under any resolution authorizing its development 5,590
revenue bonds or in any trust agreement securing the same; 5,591
(N) Charge, alter, and collect rentals and other charges 5,593
for the use or services of any development project as provided in 5,594
section 6123.13 of the Revised Code; 5,595
(O) Provide coverage for its employees under Chapters 5,597
145., 4123., and 4141. of the Revised Code; 5,598
(P) Do all acts necessary or proper to carry out the 5,600
powers expressly granted in this chapter. 5,601
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT 5,603
TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS 5,604
THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 5,605
5301.012 OF THE REVISED CODE.
Sec. 6161.011. ANY INSTRUMENT BY WHICH REAL PROPERTY IS 5,607
ACQUIRED PURSUANT TO SECTION 6161.01 OF THE REVISED CODE SHALL 5,608
IDENTIFY ANY AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF 5,609
THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 OF THE REVISED 5,610
CODE.
Section 2. That existing sections 9.20, 123.01, 123.04, 5,612
125.84, 149.302, 152.08, 152.21, 154.06, 154.16, 154.21, 154.22, 5,613
154.23, 163.02, 165.02, 175.04, 307.12, 319.201, 901.63, 902.03, 5,614
991.07, 1501.01, 1515.08, 1517.17, 1519.02, 1523.01, 1545.12, 5,616
136
1551.12, 3354.09, 3354.13, 3355.06, 3355.10, 3357.09, 3357.12, 5,617
3358.08, 3375.40, 3377.04, 3377.14, 3706.04, 3747.06, 3747.14, 5,618
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, 5,620
and 6123.04 of the Revised Code are hereby repealed. 5,621
Section 3. Section 123.01 of the Revised Code is presented 5,623
in this act as a composite of the section as amended by Am. Sub. 5,625
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 5,627
in capital letters. Section 5503.02 of the Revised Code is 5,628
presented in this act as a composite of the section as amended by 5,629
both Am. Sub. H.B. 117 and Am. S.B. 34 of the 121st General 5,630
Assembly, with the new language of neither of the acts shown in 5,632
capital letters. This is in recognition of the principle stated 5,633
in division (B) of section 1.52 of the Revised Code that such 5,634
amendments are to be harmonized where not substantively 5,635
irreconcilable and constitutes a legislative finding that such is 5,636
the resulting version in effect prior to the effective date of 5,637
this act.