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           

                                                          2      


                                                                 
                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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
      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          

                                                          10     


                                                                 
      (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          

                                                          11     


                                                                 
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          

                                                          14     


                                                                 
      (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.