As Passed by the Senate                       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-SENATOR LATTA        10           


_________________________________________________________________   12           

                          A   B I L L                                           

             To authorize the Director of Administrative Services  14           

                to offer for sale at public auction certain        15           

                state-owned real estate located in Lucas County.                




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        17           

      Section 1.  The Governor is hereby authorized to execute a   19           

deed in the name of the State conveying to the purchaser           20           

determined under procedures prescribed in this act, and the        21           

purchaser's successors and assigns or heirs and assigns, all of    22           

the state's right, title, and interest in the following described  23           

real estate:                                                                    

      Situate in the State of Ohio, Lucas County, City of Toledo,  25           

being those lands conveyed to the State of Ohio by Order of the    27           

United States Bankruptcy Court, Central District of California,    28           

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      29           

Record in Official Record 98 531 A10, Recorder's Office, Lucas     30           

County, Ohio, being located at 5109 Tractor Road, Toledo, Ohio,    31           

and being more particularly described as follows:                  32           

      Premises at Tractor and Laskey Roads, described as all of    34           

Lots 13, 14, 15, 16 and 17 and the North 150 feet of Lots 1 and    35           

2, excepting therefrom said Lots 1 and 2 the West 60 feet          36           

thereof, in C.V. Beck Industrial Addition in the City of Toledo,   37           

Lucas County, Ohio.                                                             

      Section 2.  (A)  Not later than ninety days after the        39           

                                                          2      


                                                                 
effective date of this act, the Director of Administrative         40           

Services shall offer the real estate for sale at public auction.   42           

The real estate shall be subject to the minimum bid of not less    43           

than $70,000.  The public auction shall be held on the real        44           

estate described in Section 1 of this act.  The director shall     45           

advertise the auction in a newspaper of general circulation in     46           

Lucas County at least once a week for three consecutive weeks      47           

immediately prior to the date of the auction.  The real estate     48           

shall be sold at the public auction to the highest bidder.  The    49           

director may reject all bids for any reason.                                    

      (B)  The successful bidder shall pay at least ten per cent   51           

of the purchase price in cash, by bank draft, or by certified      52           

check at the time of sale, and shall pay the balance of the        53           

purchase price within sixty days of the date of the sale.  If the  54           

purchaser does not complete the conditions of the sale as          55           

specified in this division, the director may void the sale by      56           

giving the defaulting purchaser written notice to that effect.     57           

The written notice voiding the sale shall be mailed to the         58           

defaulting purchaser by certified mail, return receipt requested.  59           

If the director voids the sale, the part of the purchase price     60           

paid at the time of the sale shall be forfeited to the state as    61           

liquidated damages.                                                62           

      (C)  If the purchase is not completed and the sale is        65           

voided, the director may sell the real estate to the second        66           

highest bidder at the public auction held pursuant to this         67           

section.                                                                        

      Section 3.  The real estate described in Section 1 of this   69           

act shall be sold as an entire tract and not in parcels.           70           

      Section 4.  The Department of Commerce shall pay the         72           

advertising costs, appraisal fees, and other costs incurred in     73           

connection with the sale of the real estate described in Section   74           

1 of this act.                                                     75           

      Section 5.  Upon payment of the purchase price, the Auditor  77           

of State, with the assistance of the Attorney General, shall       78           

                                                          3      


                                                                 
prepare a deed to the real estate described in Section 1 of this   79           

act.  The deed shall be executed by the Governor in the name of    81           

the State, countersigned by the Secretary of State, sealed with    82           

the Great Seal of the State, presented in the Office of the        83           

Auditor of State for recording, and delivered to the purchaser.    84           

The purchaser shall present the deed for recording in the Office   85           

of the Lucas County Recorder.                                      86           

      Section 6.  The net proceeds of the sale of the real estate  88           

described in Section 1 of this act shall be deposited in the       89           

State Treasury to the credit of the State Fire Marshal's Fund      90           

created in section 3737.71 of the Revised Code.                    91           

      Section 7.  This act expires one year after its effective    93           

date.