As Passed by the House                        1            

123rd General Assembly                                             4            

   Regular Session                           Sub. H. B. No. 235    5            

      1999-2000                                                    6            


       REPRESENTATIVE PERZ-CATES-CAREY-EVANS-DAMSCHRODER-          8            

        PERRY-MEAD-OLMAN-GARDNER-WINKLER-O'BRIEN-MOTTLEY-          9            

             TERWILLEGER-PADGETT-OPFER-SCHULER-LOGAN               10           


_________________________________________________________________   11           

                          A   B I L L                                           

             To authorize the Director of Administrative Services  13           

                to offer for sale at public auction certain        14           

                state-owned real estate located in Lucas County.                




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        16           

      Section 1.  The Governor is hereby authorized to execute a   18           

deed in the name of the State conveying to the purchaser           19           

determined under procedures prescribed in this act, and the        20           

purchaser's successors and assigns or heirs and assigns, all of    21           

the state's right, title, and interest in the following described  22           

real estate:                                                                    

      Situate in the State of Ohio, Lucas County, City of Toledo,  24           

being those lands conveyed to the State of Ohio by Order of the    26           

United States Bankruptcy Court, Central District of California,    27           

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      28           

Record in Official Record 98 531 A10, Recorder's Office, Lucas     29           

County, Ohio, being located at 5109 Tractor Road, Toledo, Ohio,    30           

and being more particularly described as follows:                  31           

      Premises at Tractor and Laskey Roads, described as all of    33           

Lots 13, 14, 15, 16 and 17 and the North 150 feet of Lots 1 and    34           

2, excepting therefrom said Lots 1 and 2 the West 60 feet          35           

thereof, in C.V. Beck Industrial Addition in the City of Toledo,   36           

Lucas County, Ohio.                                                             

      Section 2.  (A)  Not later than ninety days after the        38           

                                                          2      


                                                                 
effective date of this act, the Director of Administrative         39           

Services shall offer the real estate for sale at public auction.   41           

The real estate shall be subject to the minimum bid of not less    42           

than $70,000.  The public auction shall be held on the real        43           

estate described in Section 1 of this act.  The director shall     44           

advertise the auction in a newspaper of general circulation in     45           

Lucas County at least once a week for three consecutive weeks      46           

immediately prior to the date of the auction.  The real estate     47           

shall be sold at the public auction to the highest bidder.  The    48           

director may reject all bids for any reason.                                    

      (B)  The successful bidder shall pay at least ten per cent   50           

of the purchase price in cash, by bank draft, or by certified      51           

check at the time of sale, and shall pay the balance of the        52           

purchase price within sixty days of the date of the sale.  If the  53           

purchaser does not complete the conditions of the sale as          54           

specified in this division, the director may void the sale by      55           

giving the defaulting purchaser written notice to that effect.     56           

The written notice voiding the sale shall be mailed to the         57           

defaulting purchaser by certified mail, return receipt requested.  58           

If the director voids the sale, the part of the purchase price     59           

paid at the time of the sale shall be forfeited to the state as    60           

liquidated damages.                                                61           

      (C)  If the purchase is not completed and the sale is        64           

voided, the director may sell the real estate to the second        65           

highest bidder at the public auction held pursuant to this         66           

section.                                                                        

      Section 3.  The real estate described in Section 1 of this   68           

act shall be sold as an entire tract and not in parcels.           69           

      Section 4.  The Department of Commerce shall pay the         71           

advertising costs, appraisal fees, and other costs incurred in     72           

connection with the sale of the real estate described in Section   73           

1 of this act.                                                     74           

      Section 5.  Upon payment of the purchase price, the Auditor  76           

of State, with the assistance of the Attorney General, shall       77           

                                                          3      


                                                                 
prepare a deed to the real estate described in Section 1 of this   78           

act.  The deed shall be executed by the Governor in the name of    80           

the State, countersigned by the Secretary of State, sealed with    81           

the Great Seal of the State, presented in the Office of the        82           

Auditor of State for recording, and delivered to the purchaser.    83           

The purchaser shall present the deed for recording in the Office   84           

of the Lucas County Recorder.                                      85           

      Section 6.  The net proceeds of the sale of the real estate  87           

described in Section 1 of this act shall be deposited in the       88           

State Treasury to the credit of the State Fire Marshal's Fund      89           

created in section 3737.71 of the Revised Code.                    90           

      Section 7.  This act expires one year after its effective    92           

date.