As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                H. B. No. 235    5            

      1999-2000                                                    6            


                       REPRESENTATIVE PERZ                         8            


_________________________________________________________________   9            

                          A   B I L L                                           

             To authorize the Director of Administrative Services  11           

                to offer for sale at public auction certain        12           

                state-owned real estate located in Lucas County.                




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        14           

      Section 1.  The Governor is hereby authorized to execute a   16           

deed in the name of the State conveying to the purchaser           17           

determined under procedures prescribed in this act, and the        18           

purchaser's successors and assigns or heirs and assigns, all of    19           

the state's right, title, and interest in the following described  20           

real estate:                                                                    

      Situate in the State of Ohio, Lucas County, City of Toledo,  22           

being those lands conveyed to the State of Ohio by Order of the    24           

United States Bankruptcy Court, Central District of California,    25           

Case Number SB-93-22207-DN, of record in Official Record 93 0524                

D09, having been transferred to said State of Ohio by Deed of      26           

Record in Official Record 98 531 A10, Recorder's Office, Lucas     27           

County, Ohio, being located at 5109 Tractor Road, Toledo, Ohio,    28           

and being more particularly described as follows:                  29           

      Premises at Tractor and Laskey Roads, described as all of    31           

Lots 13, 14, 15, 16 and 17 and the North 150 feet of Lots 1 and    32           

2, excepting therefrom said Lots 1 and 2 the West 60 feet          33           

thereof, in C.V. Beck Industrial Addition in the City of Toledo,   34           

Lucas County, Ohio.                                                             

      Section 2.  (A)  Not later than ninety days after the        36           

effective date of this act, the Director of Administrative         37           

Services, based upon the director's most recently approved         38           

                                                          2      


                                                                 
appraised value of the real estate, shall offer the property for   40           

sale at public auction.  The public auction shall be held on the   41           

real estate described in Section 1 of this act.  The director      42           

shall advertise the auction in a newspaper of general circulation  43           

in Lucas County once a week for three consecutive weeks            44           

immediately prior to the date of the auction.  The real estate     45           

shall be sold at the public auction to the highest acceptable      46           

bidder and shall be subject to the minimum acceptable bid of not   47           

less than $70,000.  The director shall not accept any bid below    48           

$70,000 and may reject any and all bids.                                        

      (B)  The successful bidder shall pay ten per cent of the     50           

purchase price in cash, by bank draft, or by certified check at    51           

the time of sale, and shall pay the balance of the purchase price  52           

within sixty days of the date of the sale.  If the purchaser does  53           

not complete the conditions of the sale as specified in this       54           

division, the director may void the sale by giving the defaulting  56           

purchaser written notice to that effect.  If the director voids    57           

the sale, the part of the purchase price paid at the time of the   58           

sale shall be forfeited to the state as liquidated damages.        59           

      (C)  If no acceptable bids are received, or if the purchase  61           

is not completed and the sale is voided, the director shall sell   62           

the real estate to the second highest acceptable bidder at the     64           

public auction held pursuant to this section.                                   

      Section 3.  The real estate described in Section 1 of this   66           

act shall be sold as an entire tract and not in parcels.           67           

      Section 4.  The Department of Commerce shall pay the         69           

advertising costs, appraisal fees, and other costs incurred in     70           

connection with the sale of the real estate described in Section   71           

1 of this act.                                                     72           

      Section 5.  Upon payment of ten per cent of the purchase     74           

price, the Auditor of State, with the assistance of the Attorney   75           

General, shall prepare a deed to the real estate described in      76           

Section 1 of this act.  The deed shall be executed by the          78           

Governor in the name of the State, countersigned by the Secretary  79           

                                                          3      


                                                                 
of State, sealed with the Great Seal of the State, presented in    80           

the Office of the Auditor of State for recording, and delivered    81           

to the purchaser upon payment by the purchaser of the balance of   82           

the purchase price.  The purchaser shall present the deed for      83           

recording in the Office of the Lucas County Recorder.              84           

      Section 6.  The net proceeds of the sale of the real estate  86           

described in Section 1 of this act shall be deposited in the       87           

State Treasury to the credit of the State Fire Marshal's Fund      88           

created in section 3737.71 of the Revised Code.                    89           

      Section 7.  This act expires one year after its effective    91           

date.