As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                  S. B. No. 295  5            

      1999-2000                                                    6            


                        SENATOR OELSLAGER                          8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 129.42, 4582.10, 4582.21, 4582.35,  12           

                5501.20, 5501.31, 5501.32, 5501.34, 5501.45,       13           

                5501.50, 5511.01, 5511.07, 5515.02, 5515.04,       14           

                5521.01, 5525.14, and 5529.03, to enact section    15           

                5525.23, and to repeal sections 4582.07, 4582.08,               

                4582.09, 4582.32, 4582.33, 4582.34, and 5501.37    16           

                of the Revised Code to revise the law governing    17           

                Department of Transportation construction                       

                contracts, to revise the sale and acquisition of   18           

                property by the Department of Transportation, to   20           

                make other changes in the law governing the                     

                Department of Transportation, and to repeal        21           

                requirements for a port authority to have a plan   22           

                for future development.                                         




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        24           

      Section 1.  That sections 129.42, 4582.10, 4582.21,          26           

4582.35, 5501.20, 5501.31, 5501.32, 5501.34, 5501.45, 5501.50,     27           

5511.01, 5511.07, 5515.02, 5515.04, 5521.01, 5525.14, and 5529.03  28           

be amended and section 5525.23 of the Revised Code be enacted to   29           

read as follows:                                                   30           

      Sec. 129.42.  All moneys received from the sale of any       39           

certificates of obligation issued pursuant to section 129.41 of    40           

the Revised Code, and all moneys required by the terms of          41           

agreements under section 5501.36 of the Revised Code to be paid    42           

by the director of transportation to the commissioners of the      43           

sinking fund shall be paid into a special fund hereby designated   44           

                                                          2      


                                                                 
as "special highway acquisition fund .........." (designation to   45           

be provided) and said special fund shall be applied solely to the  46           

payment of the cost of acquiring real property as provided in      47           

section 5501.36 of the Revised Code or to the payment of           48           

principal and interest of said certificates of obligation.  There  49           

shall be a separate such special fund for each issue of            50           

certificates of obligation.  There is hereby created a lien upon   51           

each such fund and such real property in favor of holders of such  52           

certificates of obligation.  Moneys in any such special fund may   53           

be invested in direct obligations of the United States government  54           

prior to the anticipated need for such moneys and the              55           

commissioners shall be guided in the investment of such moneys by  56           

the instructions of the director.                                  57           

      The clerk of the commissioners of the sinking fund shall be  59           

paid from the several respective special highway acquisition       60           

funds, suitable compensation in addition to that prescribed by     61           

section 129.01 of the Revised Code.  All the other expenses of     62           

the commissioners of the sinking fund in connection with this      63           

section and sections 129.41, 5501.36, 5501.37, and 5501.38 of the  64           

Revised Code, not otherwise provided for, shall be paid from the   65           

appropriate special highway acquisition fund.                      66           

      Out of the proceeds of sale of an issue of certificates of   68           

obligation issued pursuant to section 129.41 of the Revised Code,  69           

or from the additional consideration running from the director to  70           

the commissioners of the sinking fund under an agreement           71           

contemplated by section 5501.36 of the Revised Code, or from       72           

both, there shall be set aside into a certificate of obligation    73           

redemption account in the said special fund the sum required to    74           

pay interest coming due during the life of said certificates of    75           

obligation in the then current biennium, which amount shall be     76           

used only for that purpose.  In the event an issue of              77           

certificates of obligation is renewed for a biennium beyond the    78           

biennium of original issue, the agreement securing said renewal    79           

issue shall provide in like manner for the setting aside of the    80           

                                                          3      


                                                                 
sum to pay interest coming due in the then current biennium to     81           

the extent that such amounts are not otherwise provided for in     82           

said account.  As provided in section 5501.36 of the Revised       83           

Code, direct obligations of the United States government may be    84           

substituted in whole or in part for the sum or sums otherwise      85           

required under this section.  Such agreements under section        86           

5501.36 of the Revised Code shall define the circumstances under   87           

which moneys to be paid by the director to the commissioners of    88           

the sinking fund as purchase price must be paid into the           89           

appropriate special fund, with restrictions on its use to acquire  90           

additional real property thereunder, so as to avoid any            91           

possibility of default in the payment of interest on certificates  92           

of obligation or in the payment of principal thereof at maturity   93           

or prior redemption.                                               94           

      In a single biennium, more than one issue of certificates    96           

of obligation may be authorized and secured by a single agreement  97           

and supplements thereto under section 5501.36 of the Revised Code  98           

notwithstanding that such certificates of obligation may be        99           

issued, sold, and delivered at different times, with different     100          

dates and bearing different rates of interest.                     101          

      Sec. 4582.10.  The port authority shall foster and           110          

encourage the participation of private enterprise in the           111          

development of port authority facilities to the fullest extent it  112          

considers practicable in the interest of limiting the necessity    113          

of construction and operation of such facilities by the port       114          

authority.  For this purpose the port authority shall upon a       115          

written request by any person, partnership, or corporation, filed  116          

with the secretary of the board of directors within thirty days    117          

following the journalization of the order of the adoption of an    118          

official plan as provided in sections 4582.07 and 4582.08 of the   119          

Revised Code, submit a proposal to provide, operate, and maintain  120          

any facility included in such plan, by publication of and          121          

invitation for bids therefor based upon specifications prepared    122          

by the board of directors.                                         123          

                                                          4      


                                                                 
      The board of directors may accept, subject to section        125          

123.151 of the Revised Code, the bid of the person, partnership,   126          

or corporation it considers best qualified by financial            127          

responsibility and business experience to construct and operate    128          

such facility or facilities in accordance with its official plan.  129          

      Sec. 4582.21.  As used in sections 4582.22 to 4582.59 of     139          

the Revised Code:                                                  140          

      (A)  "Port authority" means a body corporate and politic     142          

created pursuant to authority of section 4582.22 of the Revised    143          

Code.  A port authority created pursuant to section 4582.22 of     144          

the Revised Code need not be adjacent to, connected with, or have  145          

located within its jurisdiction a body of water.                   146          

      (B)  "Submerged lands" means the lands presently underlying  148          

the waters of Lake Erie or formerly underlying the waters of Lake  149          

Erie and now artificially filled between the natural shoreline     150          

and the harbor line or the line of commercial navigation where no  151          

harbor line has been established.                                  152          

      (C)  "Uplands" means lands contiguous to or fronting upon    154          

any submerged lands in this state.                                 155          

      (D)  Unless otherwise defined, "publication" means           157          

publication once a week on the same day of the week for three      158          

consecutive weeks in a newspaper of general circulation in the     159          

county or counties wherein such publication is required to be      160          

made.  Publication shall be complete on the date of the last       161          

publication.                                                       162          

      (E)  "Aviation facilities" means any facilities used,        164          

available for use, or designed for use for the safe navigation,    165          

landing or taking off of aircraft; for the safety, storage,        166          

maintenance and repair of aircraft; for the comfort and            167          

accommodations of the users of air transportation, including       168          

persons, cargo, mail, and other property, and for the safe and     169          

efficient operation and maintenance of airports and any care of    170          

such facilities.                                                   171          

      (F)  "Governmental agency" means a department, division, or  173          

                                                          5      


                                                                 
other unit of state government, a municipal corporation, county,   174          

township, or other political subdivision, or any other public      175          

corporation or agency having the power to acquire, construct, or   176          

operate port authority facilities, the United States or any        177          

agency thereof, and any agency, commission, or authority           178          

established pursuant to an interstate compact or agreement.        179          

      (G)  "Person" means any individual, firm, partnership,       181          

association, or corporation, or any combination thereof.           182          

      (H)  "Port authority facility" or "facility" means any       184          

commercial, industrial, distribution, residential, recreational,   185          

or research facility located within the jurisdiction of the port   186          

authority, including, but not limited to, aviation facilities,     187          

marinas, water ports, trucking terminals, railroad terminals,      188          

warehouses, wharves, piers, docks, or transportation equipment,    189          

together with all real and personal property, property rights,     190          

easements, and interests that may be appropriate for the           191          

operation of the facility.  As used in division (H) of section     192          

4582.33, and sections 4582.50 and 4582.52 of the Revised Code,     193          

"port authority facility" or "facility" does not include           194          

residential facilities.                                            195          

      (I)  "Cost" as applied to a port authority facility means    197          

the cost of acquisition and construction of such facility, and     198          

the cost of acquistion ACQUISITION of all land, rights-of-way,     199          

property rights, easements, franchise rights, and interests        200          

required for such acquisition and construction, the cost of        201          

demolishing or removing any buildings or structures on land so     202          

acquired, including the cost of acquiring any lands to which such  203          

buildings or structures may be moved, the cost of acquiring or     204          

constructing and equipping a principal office of the port          205          

authority, the cost of diverting highways, interchange of          206          

highways, access roads to private property, including the cost of  207          

land or easements for such access roads, the cost of public        208          

utility and common carrier relocation or duplication, the cost of  209          

all machinery, furnishings, and equipment, financing charges,      210          

                                                          6      


                                                                 
interest prior to and during construction and for no more than     211          

eighteen months after completion of construction, engineering,     212          

expenses of research and development with respect to port          213          

authority facilities, legal expenses, plans, specifications,       214          

surveys, studies, estimates of cost and revenues, working          215          

capital, other expenses necessary or incident to determining the   216          

feasibility or practicability of acquiring or construction such    217          

facility, administrative expense, and such other expenses as may   218          

be necessary or incident to the acquisition or construction of     219          

the facility, the financing of such acquisition or construction,   220          

including the amount authorized in the resolution of the port      221          

authority providing for the issuance of port authority revenue     222          

bonds to be paid into any special funds from the proceeds of such  223          

bonds and the financing of the placing of such facility in         224          

operation.  Any obligation, cost, or expense incurred by any       225          

governmental agency or person for surveys, borings, preparation    226          

of plans and specifications, and other engineering services, or    227          

any other cost described above, in connection with the             228          

acquisition or construction of a facility may be regarded as part  229          

of the cost of such facility and may be reimbursed out of the      230          

proceeds of port authority revenue bonds as authorized by this     231          

chapter.                                                           232          

      (J)  "Owner" includes a person having any title or interest  234          

in any property, rights, easements, or interests authorized to be  235          

acquired by sections 4582.21 to 4582.59 of the Revised Code.       236          

      (K)  "Revenues" means all rentals and other charges          238          

received by the port authority for the use or services of any      239          

port authority facility, any gift or grant received with respect   240          

to any port authority facility, any moneys received with respect   241          

to the lease, sublease, sale, including installment sale or        242          

conditional sale, or other disposition of a port authority         243          

facility, moneys received in repayment of and for interest on any  244          

loans made by the port authority to a person or governmental       245          

agency, whether from the United States or any department,          246          

                                                          7      


                                                                 
administration, or agency thereof, or otherwise, proceeds of such  247          

port authority revenue bonds to the extent the use thereof for     248          

payment of principal or of premium, if any, or interest on the     249          

bonds is authorized by the port authority, proceeds from any       250          

insurance, condemnation, or guaranty pertaining to a facility or   251          

property mortgaged to secure bonds or pertaining to the financing  252          

of the facility, and income and profit from the investment of the  253          

proceeds of port authority revenue bonds or of any revenues.       254          

      (L)  "Public roads" includes all public highways, roads,     256          

and streets in the state, whether maintained by the state,         257          

county, city, township, or other political subdivision.            258          

      (M)  "Construction," unless the context indicates a          260          

different meaning or intent, includes reconstruction,              261          

enlargement, improvement, or providing furnishings or equipment.   262          

      (N)  "Port authority revenue bonds," unless the context      264          

indicates a different meaning or intent, includes port authority   265          

revenue notes, port authority revenue renewal notes, and port      266          

authority revenue refunding bonds, except that notes issued in     267          

anticipation of the issuance of bonds shall have a maximum         268          

maturity of five years as provided in section 4582.48 of the       269          

Revised Code and notes or renewal notes issued as the definitive   270          

obligation may be issued maturing at such time or times with a     271          

maximum maturity of forty years from the date of issuance of the   272          

original note.                                                     273          

      Sec. 4582.35.  The port authority shall foster and           282          

encourage the participation of private enterprise in the           283          

development of the port facilities to the fullest extent it deems  284          

CONSIDERS practicable in the interest of limiting the necessity    286          

of construction and operation of such facilities by the port       287          

authority.  For this purpose the port authority shall, upon a      288          

written request by any person, partnership, or corporation, filed  289          

with the secretary of the board of directors within thirty days    290          

following the journalization of the order of the adoption of an    291          

official plan as provided in sections 4582.32 and 4582.33 of the   292          

                                                          8      


                                                                 
Revised Code, submit a proposal to provide, operate, and maintain  293          

any facility included in the plan, by publication of and           294          

invitation for bids therefor based upon specifications prepared    295          

by the board of directors.                                         296          

      The board of directors may accept the bid of the person,     298          

partnership, or corporation it deems best qualified by financial   299          

responsibility and business experience to construct and operate    300          

the facility or facilities in accordance with its official plan.   301          

      Sec. 5501.20.  (A)  As used in this section:                 310          

      (1)  "Career professional service" means that part of the    312          

competitive classified service that consists of employees of the   313          

department of transportation who, regardless of job                314          

classification, meet both of the following qualifications:         315          

      (a)  They are supervisors, professional employees who are    317          

not in a collective bargaining unit, confidential employees, or    319          

management level employees, all as defined in section 4117.01 of   320          

the Revised Code.                                                               

      (b)  They exercise authority that is not merely routine or   323          

clerical in nature and report only to a higher level unclassified  324          

employee or employee in the career professional service.           325          

      (2)  "Demoted" means that an employee is placed in a         327          

position where the employee's wage rate equals, or is not more     328          

than twenty per cent less than, the employee's wage rate           329          

immediately prior to demotion or where the employee's job          330          

responsibilities are reduced, or both.                                          

      (3)  "Employee in the career professional service with       332          

restoration rights" means an employee in the career professional   334          

service who has been in the classified civil service for at least  335          

two years and who has a cumulative total of at least ten years of  336          

continuous service with the department of transportation.          337          

      (B)  Not later than the first day of July of each            340          

odd-numbered year, the director of transportation shall adopt a    341          

rule in accordance with section 111.15 of the Revised Code that    343          

establishes a business plan for the department of transportation   344          

                                                          9      


                                                                 
that states the department's mission, business objectives, and     345          

strategies and that establishes a procedure by which employees in  346          

the career professional service will be held accountable for       347          

their performance.  The director shall adopt a rule that           348          

establishes a business plan for the department only once in each   349          

two years.  Within sixty days after the effective date of a rule   351          

that establishes a business plan for the department, the director               

shall adopt a rule in accordance with section 111.15 of the        353          

Revised Code that identifies specific positions within the         354          

department of transportation that are included in the career       355          

professional service.  The director may amend the rule that        356          

identifies the specific positions included in the career                        

professional service only within sixty days after WHENEVER the     357          

director adopts a rule that establishes a business plan for the    358          

department DETERMINES NECESSARY.  Any rule adopted under this      360          

division is subject to review and invalidation by the joint        361          

committee on agency rule review as provided in division (D) of     363          

section 111.15 of the Revised Code.  The director shall provide a  364          

copy of any rule adopted under this division to the director of    366          

budget and management.                                             367          

      Except as otherwise provided in this section, an employee    370          

in the career professional service is subject to the provisions    371          

of Chapter 124. of the Revised Code that govern employees in the   373          

classified civil service.                                                       

      (C)  After an employee is appointed to a position in the     376          

career professional service, the employee's direct supervisor                   

shall provide the employee appointed to that position with a       378          

written performance action plan that describes the department's    379          

expectations for that employee in fulfilling the mission,          380          

business objectives, and strategies stated in the department's                  

business plan.  No sooner than four months after being appointed   381          

to a position in the career professional service, an employee      383          

appointed to that position shall receive a written performance     384          

review based on the employee's fulfillment of the mission,         385          

                                                          10     


                                                                 
business objectives, and strategies stated in the department's     386          

business plan.  After the initial performance review, the          387          

employee shall receive a written performance review at least once  388          

each year or as often as the director considers necessary.  The    389          

department shall give an employee whose performance is             391          

unsatisfactory an opportunity to improve performance for a period  392          

of at least six months, by means of a written corrective action    393          

plan, before the department takes any disciplinary action under    394          

this section or section 124.34 of the Revised Code.  The           395          

department shall base its performance review forms on its          396          

business plan.                                                                  

      (D)  An employee in the career professional service may be   399          

suspended, demoted, or removed because of performance that         400          

hinders or restricts the fulfillment of the department's business  401          

plan or for disciplinary reasons under section 124.34 or 124.57    402          

of the Revised Code.  An employee in the career professional       403          

service may appeal only the employee's removal to the state        404          

personnel board of review.  An employee in the career              407          

professional service may appeal a demotion or a suspension of      408          

more than three days pursuant to rules the director adopts in      409          

accordance with section 111.15 of the Revised Code.                411          

      (E)  An employee in the career professional service with     414          

restoration rights has restoration rights if demoted because of    415          

performance that hinders or restricts fulfillment of the mission,  416          

business objectives, or strategies stated in the department's      417          

business plan, but not if involuntarily demoted or removed for     418          

any of the reasons described in section 124.34 or for a violation  419          

of 124.57 of the Revised Code.  The director shall demote an       421          

employee who has restoration rights of that nature to a position   423          

in the classified service that in the director's judgment is                    

similar in nature to the position the employee held immediately    425          

prior to being appointed to the position in the career                          

professional service.  The director shall assign to an employee    426          

who is demoted to a position in the classified service as          428          

                                                          11     


                                                                 
provided in this division a wage rate that equals, or that is not  429          

more than twenty per cent less than, the wage rate assigned to     430          

the employee in the career professional service immediately prior  431          

to the employee's demotion.                                                     

      (F)  This section establishes a pilot program for employees  434          

in the career professional service of the department of            435          

transportation.  At the end of each fiscal biennium that this      436          

program is in effect, the director of transportation shall         438          

prepare a report describing and evaluating the operation of the    439          

program and forward a copy of the report to the governor,          440          

director of administrative services, speaker of the house of       441          

representatives, and president of the senate.                                   

      (G)  No person shall be appointed to a position in the       443          

career professional service of the Department of Transportation    444          

after June 30, 2003, including for the purpose of filling a        445          

vacancy within the career professional service that occurs for     446          

any reason.                                                                     

      Sec. 5501.31.  The director of transportation shall have     455          

general supervision of all roads comprising the state highway      456          

system.  The director may alter, widen, straighten, realign,       457          

relocate, establish, construct, reconstruct, improve, maintain,    459          

repair, and preserve any road or highway on the state highway      460          

system, and, in connection therewith, relocate, alter, widen,      461          

deepen, clean out, or straighten the channel of any watercourse    462          

as the director considers necessary, and purchase or appropriate   464          

property for the disposal of surplus materials or borrow pits,     465          

and, where an established road has been relocated, establish,      466          

construct, and maintain such connecting roads between the old and  467          

new location as will provide reasonable access thereto.            468          

      The director may purchase or appropriate property necessary  470          

for the location or construction of any culvert, bridge, or        471          

viaduct, or the approaches thereto, including any property needed  472          

to extend, widen, or alter any feeder or outlet road, street, or   473          

way adjacent to or under the bridge or viaduct when the            474          

                                                          12     


                                                                 
extension, widening, or alteration of the feeder road, street, or  475          

way is necessary for the full utilization of the bridge or         476          

viaduct, or for any other highway improvement.  The director also  477          

may purchase or appropriate, for such length of time as is         478          

necessary and desirable, any additional property required for the  479          

construction and maintenance of slopes, detour roads, sewers,      480          

roadside parks, rest areas, recreational park areas, PARK AND      481          

RIDE FACILITIES, PARK AND CARPOOL OR VANPOOL FACILITIES,           482          

BIKEWAYS, BICYCLE PATHS, scenic view areas, drainage systems, or   484          

land to replace wetlands incident to any highway improvement,      485          

that the director is or may be authorized to locate or construct.  487          

Title to property purchased or appropriated by the director shall  488          

be taken in the name of the state either in fee simple or in any   489          

lesser estate or interest that the director considers necessary    490          

or proper, in accordance with forms to be prescribed by the        491          

attorney general.  The deed shall contain a description of the     492          

property and be recorded in the county where the property is       493          

situated and, when recorded, shall be kept on file in the          494          

department of transportation.                                                   

      Provided that when property, other than property used by a   496          

railroad for operating purposes, is acquired in connection with    497          

improvements involving projects affecting railroads wherein the    498          

department is obligated to acquire property under grade            500          

separation statutes, or on other improvements wherein the          501          

department is obligated to acquire lands under agreements with     502          

railroads, or with a public utility, political subdivision,                     

public corporation, or private corporation owning transportation   504          

facilities for the readjustment, relocation, or improvement of     506          

their facilities, a fee simple title or an easement may be         508          

acquired by purchase or appropriation in the name of the           509          

railroad, public utility, political subdivision, public            510          

corporation, or private corporation in the discretion of the       511          

director.  When the title to lands, which are required to adjust,  512          

relocate, or improve such facilities pursuant to agreements with   514          

                                                          13     


                                                                 
the director, is taken in the name of the state, the lands THEN,   515          

in the discretion of the director, THE TITLE TO SUCH LANDS may be  516          

conveyed in fee simple or the right acquired to the railroad,      518          

public utility, political subdivision, or public corporation for   520          

which they were acquired.  The conveyance shall be prepared by     521          

the attorney general and executed by the governor and bear the     522          

great seal of the state of Ohio.                                                

      The director, in the maintenance or repair of state          524          

highways, is not limited to the use of the materials with which    525          

the highways, including the bridges and culverts thereon, were     526          

originally constructed, but may use any material that is proper    528          

or suitable.  The director may aid any board of county             529          

commissioners in establishing, creating, and repairing suitable    530          

systems of drainage for all highways within the jurisdiction or    531          

control of the board and advise with it as to the establishment,   532          

construction, improvement, maintenance, and repair of the          533          

highways.                                                          534          

      Chapters 5501., 5503., 5511., 5513., 5515., 5516., 5517.,    536          

5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 5533.,     537          

and 5535. of the Revised Code do not prohibit the federal          538          

government, or any individual or corporation, from contributing a  539          

portion of the cost of the establishment, construction,            540          

reconstruction, relocating, widening, resurfacing, maintenance,    541          

and repair of the highways.                                        542          

      Except in the case of maintaining, repairing, erecting       544          

traffic signs on, or pavement marking of state highways within     545          

villages, which is mandatory as required by section 5521.01 of     546          

the Revised Code, and except as provided in section 5501.49 of     547          

the Revised Code, no duty of constructing, reconstructing,         548          

widening, resurfacing, maintaining, or repairing state highways    549          

within municipal corporations, or the bridges and culverts         550          

thereon, shall attach to or rest upon the director, but the        551          

director may construct, reconstruct, widen, resurface, maintain,   553          

and repair the same with or without the cooperation of any         554          

                                                          14     


                                                                 
municipal corporation, or with or without the cooperation of       555          

boards of county commissioners upon each municipal corporation     556          

consenting thereto.                                                557          

      Sec. 5501.32.  The director of transportation may purchase   566          

property in fee simple in the name of the state by warranty deed,  567          

and all or any part of a tract of land when the acquisition of a   568          

part of the land needed for highway purposes will result in        569          

substantial damages to the residue by severance, controlled        570          

access, or isolation.  The warranty deed shall contain a           571          

description of the property suitable for platting on tax maps.     572          

Any instrument by which real property is acquired pursuant to      573          

this section shall identify the agency of the state that has the   574          

use and benefit of the real property as specified in section       575          

5301.012 of the Revised Code.                                                   

      The director, in the name of the state, may sell all the     577          

right, title, and interest of the state in any part of land not    578          

required for highway purposes, provided the director shall have    579          

the parcel of land appraised by a department prequalified          580          

appraiser.                                                         581          

      Except as otherwise provided in this section, the director   583          

shall advertise the sale of land not required for highway          585          

purposes in a newspaper of general circulation in the county in    586          

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       588          

public auction to the highest bidder for not less than two-thirds  589          

of its appraised value, but the director may reject all bids that  590          

are less than the full appraised value of the land.                591          

      If, however, land not required for highway purposes is       593          

appraised as having a current fair market value of five thousand   595          

dollars or less, the director may sell the land to the sole        596          

abutting owner through a private sale at a price not less than     597          

its appraised value.  If there is more than one abutting owner,    598          

the director may invite all of the abutting owners to submit       599          

sealed bids and may sell the land to the highest bidder at not     600          

                                                          15     


                                                                 
less than its appraised value.                                                  

      All expense incurred in the sale of each parcel of land      602          

shall be paid out of the proceeds of the sale and the balance      603          

shall be deposited in the highway fund from which the purchase     604          

was made.                                                          605          

      The deed to the purchaser of land under this section shall   608          

be prepared by the auditor of state, executed by the governor,                  

countersigned by the secretary of state, and shall bear the great  610          

seal of the state.                                                              

      Sec. 5501.34.  (A)  In the event that circumstances alter    619          

the highway requirements after the director of transportation has  620          

purchased and acquired property from the administrator of          621          

workers' compensation or retirement board, or otherwise, so that   622          

the REAL property, or part thereof, is no longer required for      623          

highway purposes, the director, in the name of the state, may      624          

sell all the right, title, and interest of the state in any of     625          

the real property.  As soon as reasonably practical after AFTER    626          

determining that any A PARCEL of the real property is no longer    628          

required for highway purposes, the director shall have the parcel  630          

of land appraised by a department prequalified appraiser.          631          

      (B)  Except as otherwise provided in this section, the       633          

director shall advertise the sale OF REAL PROPERTY THAT IS NO      634          

LONGER REQUIRED FOR HIGHWAY PURPOSES in a newspaper of general     636          

circulation in the county in which the land REAL PROPERTY is       637          

situated for at least two consecutive weeks prior to the date set  639          

for the sale.  The land REAL PROPERTY may be sold at public        640          

auction to the highest bidder for not less than two-thirds of its  642          

appraised value, but the director may reject all bids that are     643          

less than the full appraised value of the land REAL PROPERTY.      644          

However, if no sale has been effected after an effort to sell      646          

under this paragraph DIVISION, the director may set aside the      647          

appraisement APPRAISAL, order a new appraisement APPRAISAL, and,   649          

except as otherwise provided in this section, readvertise the      651          

property for sale.                                                              

                                                          16     


                                                                 
      (C)  If land not REAL PROPERTY NO LONGER required for        653          

highway purposes is appraised or reappraised as having a current   656          

fair market value of five TWENTY thousand dollars or less, the     659          

director may sell the land REAL PROPERTY to the sole abutting      660          

owner through a private sale at a price not less than the          661          

appraised value.  If there is more than one abutting owner, the    662          

director may invite all of the abutting owners to submit sealed    663          

bids and may sell the land REAL PROPERTY to the highest bidder at  664          

not less than its appraised value.                                 666          

      (D)  If such land REAL PROPERTY NO LONGER REQUIRED FOR       668          

HIGHWAY PURPOSES is APPRAISED OR reappraised as having a fair      669          

market value of one TWO thousand dollars or less, and no sale has  671          

been effected after an effort to sell to the abutting owner or     673          

owners, the director may readvertise and ADVERTISE THE SALE OF     674          

SUCH REAL PROPERTY IN ACCORDANCE WITH DIVISION (B) OF THIS         675          

SECTION.  THE DIRECTOR MAY sell the land at public auction to the  677          

highest bidder WITHOUT REGARD TO ITS APPRAISED VALUE, BUT THE                   

DIRECTOR MAY REJECT ALL BIDS THAT ARE LESS THAN THE FULL           678          

APPRAISED VALUE OF THE REAL PROPERTY.                              679          

      (E)  THE DEPARTMENT SHALL PAY ALL EXPENSES INCURRED IN THE   681          

SALE OF A PARCEL OF REAL PROPERTY OUT OF THE PROCEEDS OF THE SALE  682          

AND SHALL DEPOSIT THE BALANCE OF THE PROCEEDS IN THE HIGHWAY FUND  684          

USED TO ACQUIRE THAT PARCEL OF REAL PROPERTY.                                   

      (F)  UPON A DETERMINATION THAT REAL PROPERTY PREVIOUSLY      686          

ACQUIRED WITHIN A HIGHWAY IMPROVEMENT PROJECT CORRIDOR NO LONGER   687          

IS NEEDED FOR HIGHWAY PURPOSES, THE DIRECTOR MAY OFFER THE         688          

UNNEEDED PROPERTY TO ANOTHER LANDOWNER LOCATED WITHIN THAT         689          

PROJECT'S CORRIDOR AS FULL OR PARTIAL CONSIDERATION FOR OTHER      690          

REAL PROPERTY TO BE ACQUIRED FROM THE LANDOWNER.  IF THE           691          

LANDOWNER ACCEPTS THE OFFER, THE DIRECTOR SHALL CONVEY THE         692          

UNNEEDED PROPERTY DIRECTLY TO THE LANDOWNER AT THE FULL FAIR       693          

MARKET VALUE DETERMINED BY THE DEPARTMENT BY APPRAISAL.  THE       694          

DIRECTOR SHALL CREDIT THE VALUE OF THE UNNEEDED PROPERTY AGAINST   695          

THE ACQUISITION PRICE OF THE PROPERTY BEING ACQUIRED BY THE        696          

                                                          17     


                                                                 
DEPARTMENT, AND THE LANDOWNER SHALL PAY THE DEPARTMENT THE         697          

DIFFERENCE IF THE VALUE OF THE UNNEEDED PROPERTY EXCEEDS THE       698          

ACQUISITION PRICE OF THE PROPERTY BEING ACQUIRED.                               

      (G)  Conveyances of the lands REAL PROPERTY UNDER THIS       700          

SECTION shall be by deed executed by the governor, SHALL bear the  702          

great seal of the state of Ohio, and shall be in the form as       703          

prescribed by the attorney general.  Section 5301.13 of the        704          

Revised Code, relating to the sale of public lands, shall not      705          

apply to conveyances made pursuant to this section.  The director  706          

shall keep a record of all such conveyances.  THIS SECTION         707          

APPLIES TO ALL REAL PROPERTY ACQUIRED BY THE DEPARTMENT,           708          

REGARDLESS OF HOW OR FROM WHOM THE PROPERTY WAS ACQUIRED.                       

      Sec. 5501.45.  (A)  The director of transportation may       717          

convey or transfer the fee simple estate or any lesser estate or   718          

interest in, or permit the use of, for such period as the          719          

director shall determine, any lands owned by the state and         720          

acquired or used for the state highway system or for highways or   721          

in connection with highways or as incidental to the acquisition    722          

of land for highways, provided that the director determines,       723          

after consulting with the director of natural resources, that the  725          

property or interest conveyed or made subject to a permit to use   726          

is not needed by the state for highway or recreation purposes.     727          

Such conveyance, transfer, or permit to use may be to the grantee  728          

or permittee or to the grantee or permittee and the grantee's or   729          

its successors and assigns and shall be of such portion of such    731          

lands as the director shall determine, which shall be described    732          

in the deed, transfer, or other instrument or conveyance and in    733          

any permit to use, and may include or be limited to areas or       734          

space on, above, or below the surface, and also may include the    735          

grant of easements or other interests in any such lands for use    736          

by the grantee for buildings or structures or for other uses and   737          

purposes, and for the support of buildings or structures           738          

constructed or to be constructed on or in the lands or areas or    739          

space conveyed or made subject to a permit to use.                              

                                                          18     


                                                                 
      (B)  Whenever pursuant to this section separate units of     741          

property are created in any lands, each unit shall for all         742          

purposes constitute real property and shall be deemed real estate  743          

within the meaning of all provisions of the Revised Code, shall    745          

be deemed to be a separate parcel for all purposes of taxation     746          

and assessment of real property, and no other unit or other part   747          

of such lands shall be charged with the payment of such taxes and  748          

assessments.                                                                    

      (C)  With respect to any portion of the state highway        750          

system not owned in fee simple by the state, the director may      751          

permit the use of any portion thereof in perpetuity or for such    752          

period of time as the director shall specify, including areas or   753          

space on, above, or beneath the surface, together with rights for  755          

the support of buildings or structures constructed or to be        756          

constructed thereon or therein, provided that the director         757          

determines that the portion made subject to a right to use is not  758          

needed by the state for highway purposes.                          759          

      (D)  The director shall require, as either a condition       761          

precedent or a condition subsequent to any conveyance, transfer,   762          

or grant or permit to use, that the plans and specifications for   763          

all such buildings or structures and the contemplated use          764          

thereof, be approved by the director as not interfering with the   765          

use of the state highway system and not unduly endangering the     767          

public.  The director may require such indemnity agreements in     768          

favor of the director and the public as shall be lawful and as     769          

shall be deemed necessary by the director.  The director shall     770          

not unreasonably withhold approval of such plans, specifications,  771          

and contemplated use.                                                           

      (E)(1)  All such conveyances, transfers, grants, or permits  773          

to use that are made to state institutions, agencies,              774          

commissions, instrumentalities, political subdivisions, or taxing  775          

districts of the state, and institutions receiving financial       776          

assistance from the state, shall be upon such consideration as     777          

shall be determined by the director to be fair and reasonable,     778          

                                                          19     


                                                                 
without competitive bidding, and sections 5301.13 and 5515.01 of   779          

the Revised Code, relating to the sale or use of public lands      780          

shall not apply to conveyances, grants, transfers, or permits to   781          

use made pursuant to this section DIVISION.  AN INSTITUTION        782          

RECEIVING FINANCIAL ASSISTANCE FROM THE STATE SHALL PROVIDE THE    783          

DIRECTOR WITH ACCEPTABLE DOCUMENTARY EVIDENCE OF THE STATE LOAN,   784          

GRANT, OR OTHER STATE FINANCIAL ASSISTANCE.  All such              785          

      (2)  AS USED IN THIS DIVISION, "INSTITUTION RECEIVING        787          

FINANCIAL ASSISTANCE FROM THE STATE" INCLUDES ANY PUBLIC OR        788          

PRIVATE ORGANIZATION, ESPECIALLY ONE OF A CHARITABLE, CIVIC, OR    789          

EDUCATIONAL CHARACTER, IN RECEIPT OF A STATE LOAN, GRANT, OR       790          

OTHER TYPE OF STATE FINANCIAL ASSISTANCE.                                       

      (F)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION,     792          

ALL conveyances, grants, or permits to use that are made to        794          

private persons, firms, or corporations shall be to the highest    796          

bidder at public auction CONDUCTED in accordance with the          798          

procedure set forth in section 5501.32 5501.311 OR 5501.34 of the  799          

Revised Code, AS APPLICABLE.                                       800          

      (G)  In any case where the director has acquired or          802          

acquires, for the state highway system, easements in or permits    803          

to use areas or space on, above, or below the surface, the         804          

director may extinguish them in whole or in part or subordinate    805          

them to uses by others, provided that the director determines      806          

that the easements or permit to use so extinguished or             808          

subordinated are not needed by the state for highway purposes.                  

THE DIRECTOR SHALL MAKE ANY EXTINGUISHMENTS TO THE CURRENT         809          

UNDERLYING FEE OWNER OF RECORD AT NO COST.                         810          

      (H)  No conveyance, transfer, easement, lease, permit, or    812          

other instrument executed pursuant to the authorization given by   813          

this section shall prejudice any right, title, or interest in any  814          

lands affected thereby which at the date thereof existed in any    815          

person, firm, or corporation, other than the state and other than  816          

members of the general public having no specific rights in said    817          

lands, unless the right, title, or interest was expressly subject  819          

                                                          20     


                                                                 
to the right of the state to make such conveyance or transfer,     820          

grant such right, or execute such instrument, and unless the       821          

state by such instrument expressly exercises such right, nor       822          

shall any public utility be required to move or relocate any of    823          

its facilities that may be located in or on the areas described    824          

in any such conveyance, transfer, easement, lease, permit, or      825          

other instrument.                                                               

      Sec. 5501.50.  (A)  As used in this section, "agricultural   834          

purposes" means commercial animal or poultry husbandry, or the     835          

production for a commercial purpose of field crops, tobacco,       836          

fruits, or vegetables.                                             837          

      (B)  Whenever the director of transportation acquires real   839          

property as provided in section 5501.32 of the Revised Code or     840          

otherwise acquires real property in fee simple in the name of the  841          

state for highway purposes and subsequently finds the property is  842          

not needed for such purposes, or will not be needed for such       843          

purposes for a period of two years or more following the date of   844          

acquisition of the property, and the property is adjacent to or    845          

in the near vicinity of property used for agricultural purposes,   846          

the director may, at his THE DIRECTOR'S discretion, offer to       847          

lease the property for agricultural purposes for one year at a     849          

price consistent with rentals of adjacent agricultural lands in    850          

the manner provided in divisions (C), (D), (E), (F), (G), (H),     851          

and (I) of this section before conveying or transferring the fee   852          

simple estate or any lesser estate or interest in the property,    853          

or permitting its use by another.                                  854          

      (C)  Real property shall be offered for lease by mailing a   856          

notice, in writing, to each person who owns or leases property     857          

being used for agricultural purposes that adjoins or is in the     858          

near vicinity of the property.  The notice shall include a         859          

general description of the property offered for lease, the cost    860          

of the lease, the manner in which the lease will be made, the      861          

requirements of this section, a statement that the person shall    862          

notify the director in writing within no more than four weeks      863          

                                                          21     


                                                                 
following mailing of the notice if the person is interested in     864          

leasing the property, and such other information as the director   865          

considers necessary.                                               866          

      (D)  If the director receives information in writing from    868          

two or more persons who are interested in leasing the real         869          

property, one of whom is the owner of real property that adjoins   870          

the property offered for lease, the director may lease the         871          

property to that person.  If the director receives such            872          

information from two or more persons, two or more of whom are      873          

owners of real property that adjoins the property offered for      874          

lease, the director shall lease the property to the person whose   875          

information is contained in the envelope bearing the earliest      876          

postmark.                                                          877          

      (E)  Any lease made under this section shall be conditioned  879          

upon the lessee's written agreement to maintain weed control on    880          

the property.  If the director has reasonable cause to believe     881          

that such an agreement is violated, the director, or any of his    882          

THE DIRECTOR'S authorized agents, may, at his THE DIRECTOR'S OR    884          

AUTHORIZED AGENT'S discretion, do either of the following:         886          

      (1)  Provide necessary weed control.  The expense of         888          

providing weed control shall be paid by the director out of any    889          

appropriation to the department of transportation available for    890          

the establishment, use, maintenance, or repair of highways and     891          

the amount thereof shall be reimbursed by the lessee to the        892          

department and if not reimbursed the amount thereof shall be       893          

certified to the attorney general for collection by civil action   894          

against the lessee of the property.                                895          

      (2)  File a complaint by petition in the court of common     897          

pleas of the county in which the property is located.  Upon a      898          

finding by the court that a violation of the agreement exists as   899          

alleged in the petition, the court shall enter an order of         900          

abatement against the lessee of the property.                      901          

      (F)  If real property offered for lease as provided in this  903          

section is located near a highway where the use of the property    904          

                                                          22     


                                                                 
for crops such as corn and wheat will obstruct the view of any     905          

part of the highway from a person operating a vehicle on the       906          

highway or on an intersecting highway or private road, or near an  907          

airport where such use of the property may interfere with airport  908          

safety, any lease made shall be conditioned upon the lessee's      909          

written agreement to use the property for only crops that will     910          

not create such an obstruction of the view of the highway or       911          

interference with airport safety.  If the director has reasonable  912          

cause to believe that such an agreement is violated, the           913          

director, or any of his THE DIRECTOR'S authorized agents, may, at  915          

his THE DIRECTOR'S OR AUTHORIZED AGENT'S discretion, do either of  916          

the following:                                                                  

      (1)  Remove the crop or such part thereof as may be          918          

necessary to ensure that the view of the highway will not be       919          

obstructed, or that airport safety will not be reduced.  The       920          

expense of the removal shall be paid by the director out of any    921          

appropriation to the department of transportation available for    922          

the establishment, use, maintenance, or repair of highways and     923          

the amount thereof shall be reimbursed by the lessee to the        924          

department and if not reimbursed the amount thereof shall be       925          

certified to the attorney general for collection by civil action   926          

against the lessee of the property.                                927          

      (2)  File a complaint by petition in the court of common     929          

pleas of the county in which the property is located.  Upon a      930          

finding by the court that a violation of the agreement exists as   931          

alleged in the petition, the court shall enter an order of         932          

abatement against the lessee of the property.                      933          

      (G)  The director may offer to renew annually any lease of   935          

real property made under this section to the current lessee or     936          

may offer the opportunity to lease to others in the manner and     937          

subject to the requirements and limitations as provided for in     938          

this section.                                                      939          

      (H)  The requirements of sections 5501.32, 5501.34,          941          

5501.37, and 5501.45 of the Revised Code relating to the           942          

                                                          23     


                                                                 
appraisal, advertisement, manner of sale, and minimum sale price   943          

of property not needed for highway purposes and the requirements   944          

of sections 5501.34, 5501.37, and 5501.45 of the Revised Code      945          

relating to the use of property not needed for highway purposes    946          

for recreation purposes, do not apply to a lease or renewal of a   947          

lease of real property made in accordance with this section.       948          

      (I)  Except as provided in divisions (E)(1) and (F)(1) of    950          

this section, all expense incurred in the lease of real property   951          

under this section shall be paid out of the proceeds of the lease  952          

and the balance shall be deposited in the highway fund from which  953          

the purchase of the real property giving rise to the proceeds was  954          

made.                                                              955          

      (J)  Nothing in this section shall be construed to permit    957          

the director to acquire real property by appropriation for the     958          

purpose of leasing it for agricultural purposes.                   959          

      Sec. 5511.01.  All state highways established by law shall   968          

continue to be known as state highways, and the state highway      969          

system established by law shall continue to be known as the state  970          

highway system.                                                    971          

      Before establishing any additional highways as part of the   973          

state highway system, or making any SIGNIFICANT changes in         974          

existing highways comprising the system, the director of           976          

transportation shall give notice, by publication in one newspaper  977          

of general circulation NOTIFY THE GENERAL COMMUNITY OF THE         978          

PROJECT AND OFFER AN OPPORTUNITY FOR APPROPRIATE PUBLIC            979          

INVOLVEMENT IN THE PROJECT PROCESS.                                980          

      THE OPPORTUNITY FOR PUBLIC INVOLVEMENT SHALL SATISFY THE     982          

REQUIREMENTS OF THE "NATIONAL ENVIRONMENTAL POLICY ACT OF 1969,"   984          

83 STAT. 852, 42 U.S.C.A. 4321 ET SEQ., AS AMENDED, AND MAY        985          

CONSIST OF ACTIVITIES INCLUDING PUBLIC MEETINGS OR HEARINGS,       986          

SMALL GROUP MEETINGS WITH LOCAL OFFICIALS, INDIVIDUAL MEETINGS,    987          

NEWS RELEASES, PUBLIC NOTICES, WORKSHOPS, NEWSLETTERS, ROAD        988          

SIGNS, ELECTRONIC COMMUNICATIONS, RADIO ANNOUNCEMENTS, MAIL        989          

NOTIFICATION, AND OTHER ACTIVITIES CONSIDERED APPROPRIATE FOR THE  990          

                                                          24     


                                                                 
EXCHANGE OF INFORMATION.  THE DIRECTOR OR THE DIRECTOR'S DESIGNEE  991          

SHALL PROVIDE THE PUBLIC INVOLVEMENT ACTIVITIES in each of the     993          

counties in which the highway proposed to be established is to be  994          

located or in which it is proposed to make such changes, once      995          

each week for two successive weeks.  The notice shall state the    996          

time and place of the hearing which shall be held in the county,   997          

or one of the counties, in which the proposed highway or some      998          

part thereof is to be situated, or in which it is proposed to      999          

make such changes.  The notice shall state the route of the        1,000        

proposed highway or the change proposed to be made in an existing  1,001        

highway of the system.  The hearing shall be open to the public    1,002        

and the director or a deputy designated by him shall attend and    1,003        

hear any proof offered on the matter.  Any.                        1,004        

      ANY changes made in existing highways by the director or     1,006        

any additional highways established by him THE DIRECTOR following  1,007        

the hearing PUBLIC INVOLVEMENT ACTIVITIES shall be certified to    1,009        

the following authorities interested therein:  the legislative     1,010        

authority of municipalities, board of county commissioners, board  1,011        

of township trustees, municipal, county, and regional planning     1,012        

commissions, and the municipal, township, or county officer        1,013        

authorized to issue land use or building permits.  Before any      1,014        

zoning change or subdivision plat is approved and before any       1,015        

permit for land use or the erection, alteration, or moving of a    1,016        

building is granted affecting any land within three hundred feet   1,017        

of the center line of a proposed new highway or highway for which  1,018        

changes are proposed, as described in the certification by the     1,019        

director, or within a radius of five hundred feet from the point   1,020        

of intersection of that center line with any public road or        1,021        

highway, the authority authorized to approve the zoning change or  1,022        

subdivision plat or the authority authorized to grant the permit   1,023        

for land use or the erection, alteration, or moving of the         1,024        

building shall give notice, by certified mail, to the director,    1,025        

and shall not approve a zoning change or subdivision plat or       1,026        

grant a permit for land use or the erection, alteration, or        1,027        

                                                          25     


                                                                 
moving of a building for one hundred twenty days from date notice  1,028        

is received by the director.  During the one hundred twenty day    1,029        

period and any extension of it as may be agreed to between the     1,030        

director and any property owner, notice of which has been given    1,031        

to the authority to which the application has been made, the       1,032        

director shall proceed to acquire any land needed by purchase or   1,033        

gift, or by initiating proceedings to appropriate, or make a       1,034        

finding that acquisition at such time is not in the public         1,035        

interest.  Upon purchase, initiation of appropriation              1,036        

proceedings, or a finding that acquisition is not in the public    1,037        

interest, the director shall notify the authority from which       1,038        

notice was received of that action.  Upon being notified that the  1,039        

director has purchased or initiated proceedings to appropriate     1,040        

the land that authority shall refuse to rezone land or to approve  1,041        

any subdivision plat that includes the land which the director     1,042        

has purchased or has initiated proceedings to appropriate, and     1,043        

that authority shall refuse to grant a permit for land use or the  1,044        

erection, alteration, or moving of a building on the land which    1,045        

the director has purchased or initiated proceedings to             1,046        

appropriate.  Upon notification that the director has found        1,047        

acquisition at that time not to be in the public interest, or      1,048        

upon the expiration of the one hundred twenty day period or any    1,049        

extension thereof, if no notice has been received from the         1,050        

director, that authority shall proceed in accordance with law.     1,051        

      A report of the change or addition shall be filed in the     1,053        

office of the director, and the report of the director making the  1,054        

change or establishing the highway shall be placed on file in the  1,055        

office of the department of transportation.                        1,056        

      In no event shall the total mileage of the state highway     1,058        

system be increased under this section to exceed two hundred       1,059        

miles in one year.                                                 1,060        

      The director, upon petition of the boards of the counties    1,062        

traversed thereby or of citizens of such counties, may officially  1,063        

assign to a highway of the state highway system a distinctive      1,064        

                                                          26     


                                                                 
name, commemorative of a historical event or personage, or         1,065        

officially assign thereto a commonly accepted and appropriate      1,066        

name by which the highway is known.  The                           1,067        

      THE director may, upon giving APPROPRIATE notice and         1,070        

holding a hearing OFFERING THE OPPORTUNITY FOR PUBLIC INVOLVEMENT  1,071        

AND COMMENT, abandon a highway on the state highway system or      1,072        

part thereof which he THE DIRECTOR determines is of minor          1,074        

importance or which traverses territory adequately served by       1,075        

another state highway, and the abandoned highway shall revert to   1,076        

a county or township road or municipal street.  A report covering  1,077        

such action shall be filed in the office of the director, and the  1,078        

director shall certify his THE action to the board of the county   1,080        

in which the highway or portion thereof so abandoned is situated.  1,081        

      The director shall make a map showing thereon, by            1,083        

appropriate numbering or other designation, all the state          1,084        

highways.  The map shall be kept on file in his THE DIRECTOR'S     1,085        

office and he THE DIRECTOR shall cause the same to be corrected    1,086        

and revised to show all changes and additions to the date of such  1,088        

correction.  A copy of the map, certified by the director as a     1,089        

correct copy of the map on file in his THE DIRECTOR'S office,      1,090        

shall be admissible as evidence in any court to prove the          1,092        

existence and location of the several highways and roads of the    1,093        

state highway system.                                                           

      The state highway routes into or through municipal           1,095        

corporations, as designated or indicated by state highway route    1,096        

markers erected thereon, are state highways and a part of the      1,097        

state highway system.  The director may erect state highway route  1,098        

markers and such other signs directing traffic as he THE DIRECTOR  1,100        

thinks proper upon those portions of the state highway system      1,101        

lying within municipal corporations, and the consent of the        1,102        

municipal corporations to such erection and marking shall not be   1,103        

necessary. However, the director may erect traffic signs in        1,104        

villages in accordance with section 5521.01 of the Revised Code.   1,105        

No change in the route of any highway through a municipal          1,106        

                                                          27     


                                                                 
corporation shall be made except after notice and hearing          1,107        

PROVIDING PUBLIC INVOLVEMENT ACTIVITIES.                           1,108        

      Except as provided in sections 5501.49 and 5517.04 of the    1,110        

Revised Code, no duty of constructing, reconstructing,             1,111        

maintaining, and repairing such state highways within municipal    1,112        

corporations shall attach to or rest upon the director.  The       1,113        

director may enter upon such state highways within any municipal   1,114        

corporation and construct, reconstruct, widen, improve, maintain,  1,115        

and repair them, provided the municipal corporation first          1,116        

consents thereto by resolution of its legislative authority,       1,117        

except that he THE DIRECTOR need not obtain the consent of the     1,118        

municipal corporation if the existing highway being changed or     1,120        

the location of an additional highway being established was not    1,121        

within the corporate limits of the municipal corporation at the    1,122        

time such establishment or change was journalized IS APPROVED by   1,123        

the director, or if the director is acting pursuant to section     1,125        

5501.49 of the Revised Code.                                       1,126        

      The director shall place in the files of the department a    1,128        

record of the routes of all such state highways within municipal   1,129        

corporations, and shall cause them to be corrected and revised to  1,130        

show all changes and additions to the date of the correction.  A   1,131        

copy of the record or any pertinent part thereof, certified by     1,132        

the director to be a true and correct copy, shall be admissible    1,133        

in evidence in any court of the state for the purpose of proving   1,134        

the existence and location of any state highway within a           1,135        

municipal corporation.                                             1,136        

      When the director proposes to change an existing state       1,138        

highway and there exists upon the highway a separated railroad     1,139        

crossing, the director shall mail to the interested railroad       1,140        

company a copy of the notice which shall be mailed by first-class  1,141        

mail, postage prepaid, and certified with return receipt           1,142        

requested, at least two weeks before the time fixed for hearing    1,143        

ANY PUBLIC INVOLVEMENT ACTIVITY.  When the director proposes to    1,145        

change an existing state highway within a municipal corporation    1,146        

                                                          28     


                                                                 
he, THE DIRECTOR shall mail to the mayor or other chief executive  1,149        

officer of the municipal corporation a copy of the notice which    1,150        

shall be mailed by first-class mail, postage prepaid, and          1,151        

certified with return receipt requested, at least two weeks        1,152        

before the time fixed for hearing ANY PUBLIC INVOLVEMENT           1,153        

ACTIVITY.                                                                       

      Nothing in this section shall be construed to require        1,155        

notice and hearing PROVIDING PUBLIC INVOLVEMENT ACTIVITIES before  1,157        

the construction, reconstruction, maintenance, improvement, or     1,158        

widening of an existing highway where no relocation is involved.   1,159        

      With the exception of the authority conferred upon the       1,161        

director by this section, to erect state highway route markers     1,162        

and signs directing traffic, and by section 5501.49 of the         1,163        

Revised Code, Chapters 5501., 5503., 5511., 5513., 5515., 5516.,   1,164        

5517., 5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531.,     1,165        

5533., and 5535. of the Revised Code, shall not in any way         1,166        

modify, limit, or restrict the authority conferred by section      1,167        

723.01 of the Revised Code upon municipal corporations to          1,168        

regulate the use of streets and to have the care, supervision,     1,169        

and control of the public highways, streets, avenues, alleys,      1,170        

sidewalks, public grounds, bridges, aqueducts, and viaducts        1,171        

within the municipal corporations and to keep them, subject to     1,172        

division (B)(3) of section 2744.02 of the Revised Code, open, in   1,173        

repair, and free from nuisance.                                    1,174        

      Sec. 5511.07.  In pursuance of section 5501.31 of the        1,183        

Revised Code, the director of transportation, in vacating any      1,184        

highway or portion thereof on the state highway system that the    1,186        

director finds is no longer necessary for the purposes of a                     

public highway, shall issue such a finding, which shall contain a  1,188        

description of the highway or part thereof to be vacated.  Notice  1,189        

of such finding shall be published once a week, for two            1,190        

consecutive weeks, in a newspaper of general circulation in the    1,191        

county in which the highway, or part thereof, to be vacated lies,  1,192        

and a copy of the notice shall be served as in civil cases, or by  1,193        

                                                          29     


                                                                 
registered first class mail, return receipt requested, upon each   1,194        

owner of property abutting on the portion of the highway to be     1,195        

vacated, and upon the director of natural resources.  Any owner    1,196        

whose place of residence is unknown, or who is a nonresident of    1,197        

the state, shall be specifically named in the notice of            1,198        

publication and shall be directed in the finding to take due       1,199        

notice of the contents thereof.  THE DIRECTOR SHALL MAKE ANY       1,200        

VACATION OF A HIGHWAY OR PORTION OF A HIGHWAY TO AN ABUTTING                    

LANDOWNER OR CURRENT UNDERLYING FEE OWNER OF RECORD AT NO COST.    1,201        

      The notice shall fix a date, not less than twenty days       1,203        

after the date of the final publication of the notice, and shall   1,205        

contain a determination that on or before that date claims for     1,206        

compensation and damage, or either, by reason of the vacation                   

proceedings, must be filed in writing, in duplicate, with the      1,207        

district deputy director of transportation in whose district lies  1,208        

any portion of the highway to be vacated.  Failure to file claims  1,210        

in that manner is a waiver of any claim for damage by reason of    1,211        

the vacation.                                                                   

      After considering any claims filed, the director shall make  1,213        

awards as the director considers just and equitable, and if,       1,215        

within ten days, the amount so awarded has not been accepted and   1,216        

waivers therefor signed, that amount shall be deposited in the     1,217        

probate court or court of common pleas of the county in which the  1,218        

vacation lies, wholly or in part, and the procedure to adjudicate  1,219        

such claims shall be that provided under section 5519.01 of the    1,220        

Revised Code.                                                                   

      No final determination shall be made by the director in      1,222        

vacating such highway or portion thereof until all awards are      1,223        

accepted, or deposit therefor made, in the probate court or court  1,224        

of common pleas.                                                   1,225        

      Sec. 5515.02.  All individuals, firms, and corporations      1,234        

using or occupying any part of a road or highway on the state      1,235        

highway system, or the bridges or culverts thereon, with           1,236        

telegraph or telephone lines, steam, electrical, or industrial     1,237        

                                                          30     


                                                                 
railways, oil, gas, water, or other pipes, mains, conduits, or     1,238        

any object or structure, other than by virtue of a franchise or    1,239        

permit granted and in force, shall remove from the bounds of the   1,241        

road, OR highway, bridge, or culvert, their poles and wires        1,242        

connected therewith, and any tracks, switches, spurs, or oil,      1,243        

gas, water, or other pipes, mains, conduits, or other objects or   1,244        

structures, when in the opinion of the director of transportation  1,245        

they constitute obstructions in the roads, highways, bridges, or   1,247        

culverts, or THEY interfere or may interfere with the                           

contemplated construction, reconstruction, improvement,            1,249        

maintenance, or repair, OR USE BY THE TRAVELING PUBLIC of the      1,251        

roads, OR highways, bridges, or culverts or with their use by the  1,253        

traveling public.                                                               

      All individuals, firms, or corporations so occupying any     1,255        

road or highway on the state highway system, or the bridges or     1,256        

culverts thereon, under and by virtue of a franchise or permit     1,257        

granted and in force, shall relocate their properties and all      1,258        

parts thereof within the bounds of the road, OR highway, bridge,   1,260        

or culvert when in the opinion of the director they constitute                  

obstructions in the road, highway, bridge, or culvert, or THEY     1,262        

interfere with or may interfere with the contemplated                           

construction, reconstruction, improvement, maintenance, or         1,264        

repair, OR USE of the road, OR highway, bridge, or culvert or      1,265        

with its use.  The relocation within the bounds of the road, OR    1,267        

highway, bridge, or culvert shall be in the manner and to the      1,268        

extent prescribed by the director.                                 1,269        

      If, in the opinion of the director, such individuals,        1,271        

firms, or corporations have obstructed any road or highway on the  1,272        

state highway system, or the bridges or culverts thereon, or if    1,273        

any of their properties, in the director's opinion, are so         1,274        

located that they do or may interfere with the contemplated        1,276        

construction, reconstruction, improvement, maintenance, or         1,277        

repair, OR USE of the road, OR highway, bridge, or culvert, or     1,280        

with the use of the road, highway, bridge, or culvert by the       1,281        

                                                          31     


                                                                 
traveling public, the director shall notify such individual,       1,282        

firm, or corporation directing the removal of the obstruction or   1,283        

properties, or the relocation of the properties, and, if such.     1,284        

IF THE individual, firm, or corporation does not within five days  1,287        

from the service of the notice proceed to remove or relocate the   1,288        

obstruction or properties and complete the removal or relocation   1,289        

within a reasonable time, the director may remove or relocate the  1,291        

same by employing the necessary labor, tools, and equipment.  The  1,292        

ANY NOTICE REQUIRED UNDER THIS SECTION SHALL BE MADE BY PERSONAL   1,293        

SERVICE, CERTIFIED MAIL, OR EXPRESS MAIL.                                       

      IF, IN THE DIRECTOR'S OPINION, THE OBSTRUCTION OR            1,295        

PROPERTIES PRESENT AN IMMEDIATE AND SERIOUS THREAT TO THE SAFETY   1,296        

OF THE TRAVELING PUBLIC, THE DIRECTOR MAY REMOVE OR RELOCATE THE   1,297        

OBSTRUCTION OR PROPERTIES WITHOUT PRIOR NOTICE.                    1,298        

      WHEN THE DIRECTOR PERFORMS A REMOVAL OR RELOCATION UNDER     1,300        

THIS SECTION, THE costs and expenses shall be paid by the          1,301        

director out of any appropriation of the department of             1,303        

transportation available for the establishment, construction,      1,304        

reconstruction, improvement, maintenance, or repair of highways,   1,305        

and the amount thereof shall be certified to the attorney general  1,306        

for collection by civil action.  Notice of the action shall be     1,307        

made by personal service or by certified mail.                     1,308        

      AS USED IN THIS SECTION, "ROAD" OR "HIGHWAY" HAS THE SAME    1,310        

MEANING AS IN SECTION 5501.01 OF THE REVISED CODE AND ALSO         1,311        

INCLUDES ANY PART OF THE RIGHT OF WAY.                             1,312        

      Sec. 5515.04.  Telegraph and telephone UTILITY poles along   1,321        

the public highway may be used for the purpose of attaching        1,323        

thereto or placing thereon, signposts, guideposts, warning signs,  1,324        

or other signs when prescribed by the director of transportation   1,325        

or county engineer.                                                             

      Sec. 5521.01.  The director of transportation, upon the      1,334        

request by and the approval of the legislative authority of a      1,335        

village, shall maintain, repair, and apply standard longitudinal   1,336        

pavement marking lines as the director considers appropriate, or   1,338        

                                                          32     


                                                                 
may establish, construct, reconstruct, improve, or widen any       1,339        

section of a state highway within the limits of a village.  The    1,340        

director also may erect regulatory and warning signs, as defined   1,341        

in the manual adopted under section 4511.09 of the Revised Code,   1,342        

on any section of a state highway within the limits of a village.  1,343        

The director may establish, construct, reconstruct, improve,       1,344        

widen, maintain, or repair any section of state highway within     1,345        

the limits of a city, including the elimination of railway grade   1,346        

crossings, and pay the entire or any part of the cost and expense  1,347        

thereof from state funds, but in all cases the director first      1,349        

shall obtain the consent of the legislative authority of the                    

municipal corporation, except that the director need not obtain    1,351        

the consent of the municipal corporation if the existing highway   1,352        

being changed or the location of an additional highway being       1,353        

established was not within the corporate limits of the municipal   1,354        

corporation at the time the director determines the establishment  1,355        

or change should be made, or if the director is acting pursuant    1,357        

to section 5501.49 of the Revised Code.                            1,358        

      Except as provided in section 5501.49 of the Revised Code,   1,360        

when in the opinion of the director there is urgent need to        1,361        

establish a state highway, which is to be designated a federal     1,362        

aid highway, or a federal aid interstate highway within a          1,363        

municipal corporation or, in the opinion of the director, any      1,364        

federal aid highway or interstate federal aid highway is in        1,365        

urgent need of repair, reconstruction, widening, improvement, or   1,366        

relocation, so as to accommodate the traveling public, the         1,367        

director shall submit a written request to the legislative         1,368        

authority of the municipal corporation for its consent to the      1,369        

desired establishment or improvement.  The legislative authority,  1,370        

within sixty days after the written request has been received      1,372        

from the director, either shall grant its consent to the           1,373        

establishment or improvement or refuse consent by filing in                     

writing with the director a statement of its reasons for refusing  1,374        

consent and any alternate proposals it considers reasonable.  If   1,375        

                                                          33     


                                                                 
the legislative authority fails to act or refuses consent, the     1,376        

director, upon consideration of the reasons for rejection, may     1,378        

make a resolution declaring the necessity of the establishment or  1,379        

improvement, and then proceed in the same manner as if consent     1,380        

had been given.  A certified copy of the resolution shall be       1,381        

served upon the municipal legislative authority, which, within     1,382        

twenty days from the date of service, may appeal to the court of   1,383        

common pleas of the county in which the municipal corporation is   1,384        

situated, upon the reasonableness and necessity of the action      1,385        

provided for in the resolution.  In the hearing upon appeal, the   1,386        

director shall introduce the record of the director's              1,387        

proceedings, including the director's findings with respect to     1,389        

factors referred to in section 5521.011 of the Revised Code, and   1,390        

such other competent evidence as the director desires in support   1,391        

of the director's resolution, and the municipality likewise may    1,392        

introduce competent evidence opposing the resolution, and          1,393        

findings.  The court may affirm or revoke the resolution.  The     1,394        

decision of the common pleas court may be appealed to the court    1,395        

of appeals and the supreme court as in other cases.  If the court  1,396        

affirms the resolution, the director may proceed with the          1,397        

establishment or improvement with or without the cooperation of    1,398        

the municipal corporation.  Any such municipal corporation may     1,399        

cooperate with the director in the work and pay such portion of    1,400        

the cost as is agreed upon between the municipal corporation and   1,401        

the director.  The legislative authority of any municipal          1,402        

corporation desiring to cooperate, by resolution, may propose      1,403        

such cooperation to the director, and a copy of the resolution,    1,404        

which shall set forth the proportion of the cost and expense to    1,405        

be contributed by the municipal corporation, shall be filed with   1,406        

the director.  The director shall cause to be prepared the         1,407        

necessary surveys, plans, profiles, cross sections, estimates,     1,408        

and specifications and shall file copies of them with the          1,410        

legislative authority of the municipal corporation.  After the     1,412        

legislative authority has approved the surveys, plans, profiles,   1,413        

                                                          34     


                                                                 
cross sections, estimates, and specifications, and after the       1,414        

municipal corporation has provided the funds necessary to meet     1,415        

the portion of the cost of the work assumed by it, the municipal   1,416        

corporation shall enter into a contract with the state providing   1,417        

for payment by the municipal corporation of the agreed portion of  1,418        

the cost.  The form of the contract shall be prescribed by the     1,419        

attorney general, and such contracts shall be submitted to the     1,420        

director and approved before advertising for THE RECEIPT OF bids.  1,421        

Section 5705.41 of the Revised Code applies to such contract to    1,422        

be made by the municipal corporation, and a duplicate of the       1,423        

certificate of the chief fiscal officer of the municipal           1,424        

corporation shall be filed in the office of the director.  That    1,425        

part of the cost of the work assumed by the municipal corporation  1,426        

shall be paid from the proceeds of taxes or special assessments,   1,427        

or both, or from the proceeds of notes or bonds issued and sold    1,428        

in anticipation of the collection of the taxes and assessments.    1,429        

For the purpose of providing funds for the payment of that part    1,430        

of the cost of the work assumed by the municipal corporation, the  1,431        

municipal corporation has the same authority to make special       1,432        

assessments, levy taxes, and issue bonds or notes, in              1,433        

anticipation of the collection of the same, as it has with         1,434        

respect to improvements constructed under the sole supervision     1,435        

and control of the municipal corporation.  All such assessments    1,436        

shall be made, taxes levied, and bonds or notes issued and sold    1,437        

under such conditions and restrictions as may be provided with     1,438        

respect to assessments, taxes, bonds, or notes made, levied,       1,439        

issued, or sold in connection with improvements of the same class  1,440        

and character constructed under the sole supervision and control   1,441        

of the municipal corporation.  The improvement shall be            1,442        

constructed under the sole supervision of the director.  The       1,443        

proportion of the cost and expense payable by the municipal        1,444        

corporation shall be paid by the proper officers thereof, upon     1,445        

the requisition of the director, and at times during the progress  1,446        

of the work as may be determined by the director or as may be      1,447        

                                                          35     


                                                                 
otherwise provided by law.                                         1,448        

      Sec. 5525.14.  (A)  Notwithstanding sections 125.01 to       1,457        

125.11 of the Revised Code, the director of transportation, by     1,459        

written instruction to the contractor, may increase the                         

quantities of any item specified or not specified in a             1,460        

competitively bid construction contract but, except as provided    1,461        

in division (B) of this section, the additional cost incurred by   1,462        

the increase shall not exceed the lesser of one hundred thousand   1,463        

dollars or five per cent of the total contract price.  Any such    1,464        

provision for increased quantities or extra work shall be made in               

the form of a written change to the original contract and does     1,465        

not require competitive bidding.                                   1,466        

      (B)  The one hundred thousand dollar or five per cent        1,468        

restriction in division (A) of this section does not apply to      1,469        

change orders or extra work contracts WHEN THE TOTAL DOLLAR        1,470        

AMOUNT OF THE INCREASE IS TWENTY-FIVE THOUSAND DOLLARS OR LESS OR  1,472        

TO CHANGE ORDERS OR EXTRA WORK CONTRACTS resulting from any of     1,473        

the following:                                                                  

      (1)  An increase in the plan quantity that is determined     1,475        

during the final measurement of an item of work.                   1,476        

      (2)  Federally mandated requirements that did not exist at   1,478        

the time of the original contract award.                           1,479        

      (3)  Circumstances that would create a life-, safety-, or    1,481        

health-threatening situation or would unduly delay the completion  1,482        

of a project and increase its costs, but only if the director      1,483        

makes a finding of such fact, declares an emergency, and issues    1,484        

the finding.  Extra work that the director contracts for in these  1,487        

circumstances may include not only construction needed to                       

complete a project, but also adjustments needed to meet changed    1,489        

conditions, alterations in original plans, unforeseen              1,490        

contingencies, or payments necessitated by contract terminations                

or suspensions.                                                    1,491        

      All change orders or extra work contracts set forth in       1,493        

division (B) of this section shall be reported to the controlling  1,494        

                                                          36     


                                                                 
board quarterly in writing.                                                     

      (C)  The director, by written instruction to the             1,496        

contractor, may decrease or cancel the quantity of any item        1,497        

specified in a contract or portion of a contract and authorize     1,498        

payment to the contractor for reasonable costs incurred to date.   1,499        

      Sec. 5525.23.  THE DIRECTOR OF TRANSPORTATION MAY INCLUDE    1,501        

IN ANY CONSTRUCTION CONTRACT A PROVISION AUTHORIZING ARBITRATION   1,502        

OF ANY CONTROVERSY SUBSEQUENTLY ARISING OUT OF THE CONTRACT.  THE  1,503        

PROVISION SHALL PROVIDE THAT IF ALL PARTIES IN A CONTROVERSY       1,505        

ARISING OUT OF A CONSTRUCTION CONTRACT AGREE TO PROCEED TO         1,506        

ARBITRATION, THE DIRECTOR SHALL DETERMINE THE METHOD AND FORM OF   1,507        

ARBITRATION.  NOTWITHSTANDING SECTIONS 2711.11 AND 2711.13 OF THE  1,508        

REVISED CODE, THE DECISION OF AN ARBITRATOR UNDER THIS SECTION IS  1,510        

NOT SUBJECT TO A MOTION TO MODIFY OR CORRECT AN AWARD.  NO APPEAL  1,511        

FROM THE DECISION OF AN ARBITRATOR LIES TO ANY COURT EXCEPT THAT   1,512        

THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY MAY MAKE AN ORDER     1,514        

VACATING THE AWARD UPON THE APPLICATION OF ANY PARTY TO THE                     

ARBITRATION IF DIVISION (A), (B), OR (C) OF SECTION 2711.10 OF     1,517        

THE REVISED CODE APPLIES.                                                       

      Sec. 5529.03.  The director of transportation may acquire    1,526        

by gift, purchase, or appropriation, any interest, estate, or      1,527        

right in and to real property adjacent to highways of this state   1,528        

as necessary for the restoration, preservation, and enhancement    1,529        

of scenic beauty adjacent to said highways, or for the             1,530        

establishment of publicly owned and controlled rest and            1,531        

recreation areas and sanitary and other facilities within or       1,532        

adjacent to the right-of-way of said highways to accommodate the   1,533        

traveling public.  Nothing in this section authorizes the          1,534        

director to appropriate fee simple title to real property further  1,535        

than three hundred feet from the nearest edge of the highway       1,536        

right-of-way, EXCEPT FOR THE APPROPRIATION OF BIKEWAYS AND         1,537        

BICYCLE PATHS UNDER SECTION 5501.31 OF THE REVISED CODE.           1,538        

      The director may convey or lease any such property adjacent  1,540        

to the highway right-of-way to any person or entity in the manner  1,541        

                                                          37     


                                                                 
and subject to such reservations, conditions, covenants, or other  1,543        

contractual arrangements as the director determines will not       1,544        

substantially interfere with the scenic character or beauty of     1,545        

the area traversed by the highway.                                 1,546        

      The director may employ consulting engineers and enter into  1,548        

contracts for consulting engineering services with any qualified   1,549        

person, firm, partnership, corporation, or association to prepare  1,550        

plans and estimates and generally supervise the construction and   1,551        

landscaping for scenic enhancement and roadside beautification     1,552        

projects, and in the awarding of such contracts compliance with    1,553        

sections 5501.17 and 5525.01 of the Revised Code is not required.  1,554        

      Any instrument by which real property is acquired pursuant   1,556        

to this section shall identify the agency of the state that has    1,557        

the use and benefit of the real property as specified in section   1,558        

5301.012 of the Revised Code.                                                   

      Section 2.  That existing sections 129.42, 4582.10,          1,560        

4582.21, 4582.35, 5501.20, 5501.31, 5501.32, 5501.34, 5501.45,     1,561        

5501.50, 5511.01, 5511.07, 5515.02, 5515.04, 5521.01, 5525.14,     1,562        

and 5529.03 and sections 4582.07, 4582.08, 4582.09, 4582.32,       1,563        

4582.33, 4582.34, and 5501.37 of the Revised Code are hereby       1,564        

repealed.