As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 295 5
1999-2000 6
SENATOR OELSLAGER 8
_________________________________________________________________ 10
A B I L L
To amend sections 129.42, 5501.20, 5501.31, 5501.32, 12
5501.34, 5501.45, 5501.50, 5511.01, 5511.07, 14
5515.02, 5515.04, 5521.01, and 5525.14, to enact
section 5525.23, and to repeal sections 4582.07, 15
4582.08, 4582.09, 4582.32, 4582.33, 4582.34, and 16
5501.37 of the Revised Code to revise the law 17
governing Department of Transportation
construction contracts, to revise the sale and 18
acquisition of property by the Department of 19
Transportation, to make other changes in the law 20
governing the Department of Transportation, and 21
to repeal requirements for a port authority to 22
have a plan for future development.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 129.42, 5501.20, 5501.31, 26
5501.32, 5501.34, 5501.45, 5501.50, 5511.01, 5511.07, 5515.02, 28
5515.04, 5521.01, and 5525.14 be amended and section 5525.23 of 29
the Revised Code be enacted to 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
as "special highway acquisition fund .........." (designation to 45
be provided) and said special fund shall be applied solely to the 46
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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
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
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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. 5501.20. (A) As used in this section: 110
(1) "Career professional service" means that part of the 112
competitive classified service that consists of employees of the 113
department of transportation who, regardless of job 114
classification, meet both of the following qualifications: 115
(a) They are supervisors, professional employees who are 117
not in a collective bargaining unit, confidential employees, or 119
management level employees, all as defined in section 4117.01 of 120
the Revised Code.
(b) They exercise authority that is not merely routine or 123
clerical in nature and report only to a higher level unclassified 124
employee or employee in the career professional service. 125
(2) "Demoted" means that an employee is placed in a 127
position where the employee's wage rate equals, or is not more 128
than twenty per cent less than, the employee's wage rate 129
immediately prior to demotion or where the employee's job 130
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responsibilities are reduced, or both.
(3) "Employee in the career professional service with 132
restoration rights" means an employee in the career professional 134
service who has been in the classified civil service for at least 135
two years and who has a cumulative total of at least ten years of 136
continuous service with the department of transportation. 137
(B) Not later than the first day of July of each 140
odd-numbered year, the director of transportation shall adopt a 141
rule in accordance with section 111.15 of the Revised Code that 143
establishes a business plan for the department of transportation 144
that states the department's mission, business objectives, and 145
strategies and that establishes a procedure by which employees in 146
the career professional service will be held accountable for 147
their performance. The director shall adopt a rule that 148
establishes a business plan for the department only once in each 149
two years. Within sixty days after the effective date of a rule 151
that establishes a business plan for the department, the director
shall adopt a rule in accordance with section 111.15 of the 153
Revised Code that identifies specific positions within the 154
department of transportation that are included in the career 155
professional service. The director may amend the rule that 156
identifies the specific positions included in the career
professional service only within sixty days after WHENEVER the 157
director adopts a rule that establishes a business plan for the 158
department DETERMINES NECESSARY. Any rule adopted under this 160
division is subject to review and invalidation by the joint 161
committee on agency rule review as provided in division (D) of 163
section 111.15 of the Revised Code. The director shall provide a 164
copy of any rule adopted under this division to the director of 166
budget and management. 167
Except as otherwise provided in this section, an employee 170
in the career professional service is subject to the provisions 171
of Chapter 124. of the Revised Code that govern employees in the 173
classified civil service.
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(C) After an employee is appointed to a position in the 176
career professional service, the employee's direct supervisor
shall provide the employee appointed to that position with a 178
written performance action plan that describes the department's 179
expectations for that employee in fulfilling the mission, 180
business objectives, and strategies stated in the department's
business plan. No sooner than four months after being appointed 181
to a position in the career professional service, an employee 183
appointed to that position shall receive a written performance 184
review based on the employee's fulfillment of the mission, 185
business objectives, and strategies stated in the department's 186
business plan. After the initial performance review, the 187
employee shall receive a written performance review at least once 188
each year or as often as the director considers necessary. The 189
department shall give an employee whose performance is 191
unsatisfactory an opportunity to improve performance for a period 192
of at least six months, by means of a written corrective action 193
plan, before the department takes any disciplinary action under 194
this section or section 124.34 of the Revised Code. The 195
department shall base its performance review forms on its 196
business plan.
(D) An employee in the career professional service may be 199
suspended, demoted, or removed because of performance that 200
hinders or restricts the fulfillment of the department's business 201
plan or for disciplinary reasons under section 124.34 or 124.57 202
of the Revised Code. An employee in the career professional 203
service may appeal only the employee's removal to the state 204
personnel board of review. An employee in the career 207
professional service may appeal a demotion or a suspension of 208
more than three days pursuant to rules the director adopts in 209
accordance with section 111.15 of the Revised Code. 211
(E) An employee in the career professional service with 214
restoration rights has restoration rights if demoted because of 215
performance that hinders or restricts fulfillment of the mission, 216
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business objectives, or strategies stated in the department's 217
business plan, but not if involuntarily demoted or removed for 218
any of the reasons described in section 124.34 or for a violation 219
of 124.57 of the Revised Code. The director shall demote an 221
employee who has restoration rights of that nature to a position 223
in the classified service that in the director's judgment is
similar in nature to the position the employee held immediately 225
prior to being appointed to the position in the career
professional service. The director shall assign to an employee 226
who is demoted to a position in the classified service as 228
provided in this division a wage rate that equals, or that is not 229
more than twenty per cent less than, the wage rate assigned to 230
the employee in the career professional service immediately prior 231
to the employee's demotion.
(F) This section establishes a pilot program for employees 234
in the career professional service of the department of 235
transportation. At the end of each fiscal biennium that this 236
program is in effect, the director of transportation shall 238
prepare a report describing and evaluating the operation of the 239
program and forward a copy of the report to the governor, 240
director of administrative services, speaker of the house of 241
representatives, and president of the senate.
(G) No person shall be appointed to a position in the 243
career professional service of the Department of Transportation 244
after June 30, 2003, including for the purpose of filling a 245
vacancy within the career professional service that occurs for 246
any reason.
Sec. 5501.31. The director of transportation shall have 255
general supervision of all roads comprising the state highway 256
system. The director may alter, widen, straighten, realign, 257
relocate, establish, construct, reconstruct, improve, maintain, 259
repair, and preserve any road or highway on the state highway 260
system, and, in connection therewith, relocate, alter, widen, 261
deepen, clean out, or straighten the channel of any watercourse 262
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as the director considers necessary, and purchase or appropriate 264
property for the disposal of surplus materials or borrow pits, 265
and, where an established road has been relocated, establish, 266
construct, and maintain such connecting roads between the old and 267
new location as will provide reasonable access thereto. 268
The director may purchase or appropriate property necessary 270
for the location or construction of any culvert, bridge, or 271
viaduct, or the approaches thereto, including any property needed 272
to extend, widen, or alter any feeder or outlet road, street, or 273
way adjacent to or under the bridge or viaduct when the 274
extension, widening, or alteration of the feeder road, street, or 275
way is necessary for the full utilization of the bridge or 276
viaduct, or for any other highway improvement. The director also 277
may purchase or appropriate, for such length of time as is 278
necessary and desirable, any additional property required for the 279
construction and maintenance of slopes, detour roads, sewers, 280
roadside parks, rest areas, recreational park areas, PARK AND 281
RIDE FACILITIES, AND PARK AND CARPOOL OR VANPOOL FACILITIES, 282
scenic view areas, drainage systems, or land to replace wetlands 283
incident to any highway improvement, that the director is or may 284
be authorized to locate or construct. Title to property 286
purchased or appropriated by the director shall be taken in the 287
name of the state either in fee simple or in any lesser estate or 288
interest that the director considers necessary or proper, in 289
accordance with forms to be prescribed by the attorney general. 290
The deed shall contain a description of the property and be 291
recorded in the county where the property is situated and, when 292
recorded, shall be kept on file in the department of 293
transportation.
Provided that when property, other than property used by a 295
railroad for operating purposes, is acquired in connection with 296
improvements involving projects affecting railroads wherein the 297
department is obligated to acquire property under grade 299
separation statutes, or on other improvements wherein the 300
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department is obligated to acquire lands under agreements with 301
railroads, or with a public utility, political subdivision,
public corporation, or private corporation owning transportation 303
facilities for the readjustment, relocation, or improvement of 305
their facilities, a fee simple title or an easement may be 307
acquired by purchase or appropriation in the name of the 308
railroad, public utility, political subdivision, public 309
corporation, or private corporation in the discretion of the 310
director. When the title to lands, which are required to adjust, 311
relocate, or improve such facilities pursuant to agreements with 313
the director, is taken in the name of the state, the lands THEN, 314
in the discretion of the director, THE TITLE TO SUCH LANDS may be 315
conveyed in fee simple or the right acquired to the railroad, 317
public utility, political subdivision, or public corporation for 319
which they were acquired. The conveyance shall be prepared by 320
the attorney general and executed by the governor and bear the 321
great seal of the state of Ohio.
The director, in the maintenance or repair of state 323
highways, is not limited to the use of the materials with which 324
the highways, including the bridges and culverts thereon, were 325
originally constructed, but may use any material that is proper 327
or suitable. The director may aid any board of county 328
commissioners in establishing, creating, and repairing suitable 329
systems of drainage for all highways within the jurisdiction or 330
control of the board and advise with it as to the establishment, 331
construction, improvement, maintenance, and repair of the 332
highways. 333
Chapters 5501., 5503., 5511., 5513., 5515., 5516., 5517., 335
5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 5533., 336
and 5535. of the Revised Code do not prohibit the federal 337
government, or any individual or corporation, from contributing a 338
portion of the cost of the establishment, construction, 339
reconstruction, relocating, widening, resurfacing, maintenance, 340
and repair of the highways. 341
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Except in the case of maintaining, repairing, erecting 343
traffic signs on, or pavement marking of state highways within 344
villages, which is mandatory as required by section 5521.01 of 345
the Revised Code, and except as provided in section 5501.49 of 346
the Revised Code, no duty of constructing, reconstructing, 347
widening, resurfacing, maintaining, or repairing state highways 348
within municipal corporations, or the bridges and culverts 349
thereon, shall attach to or rest upon the director, but the 350
director may construct, reconstruct, widen, resurface, maintain, 352
and repair the same with or without the cooperation of any 353
municipal corporation, or with or without the cooperation of 354
boards of county commissioners upon each municipal corporation 355
consenting thereto. 356
Sec. 5501.32. The director of transportation may purchase 365
property in fee simple in the name of the state by warranty deed, 366
and all or any part of a tract of land when the acquisition of a 367
part of the land needed for highway purposes will result in 368
substantial damages to the residue by severance, controlled 369
access, or isolation. The warranty deed shall contain a 370
description of the property suitable for platting on tax maps. 371
Any instrument by which real property is acquired pursuant to 372
this section shall identify the agency of the state that has the 373
use and benefit of the real property as specified in section 374
5301.012 of the Revised Code.
The director, in the name of the state, may sell all the 376
right, title, and interest of the state in any part of land not 377
required for highway purposes, provided the director shall have 378
the parcel of land appraised by a department prequalified 379
appraiser. 380
Except as otherwise provided in this section, the director 382
shall advertise the sale of land not required for highway 384
purposes in a newspaper of general circulation in the county in 385
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 387
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public auction to the highest bidder for not less than two-thirds 388
of its appraised value, but the director may reject all bids that 389
are less than the full appraised value of the land. 390
If, however, land not required for highway purposes is 392
appraised as having a current fair market value of five thousand 394
dollars or less, the director may sell the land to the sole 395
abutting owner through a private sale at a price not less than 396
its appraised value. If there is more than one abutting owner, 397
the director may invite all of the abutting owners to submit 398
sealed bids and may sell the land to the highest bidder at not 399
less than its appraised value.
All expense incurred in the sale of each parcel of land 401
shall be paid out of the proceeds of the sale and the balance 402
shall be deposited in the highway fund from which the purchase 403
was made. 404
The deed to the purchaser of land under this section shall 407
be prepared by the auditor of state, executed by the governor,
countersigned by the secretary of state, and shall bear the great 409
seal of the state.
Sec. 5501.34. (A) In the event that circumstances alter 418
the highway requirements after the director of transportation has 419
purchased and acquired property from the administrator of 420
workers' compensation or retirement board, or otherwise, so that 421
the REAL property, or part thereof, is no longer required for 422
highway purposes, the director, in the name of the state, may 423
sell all the right, title, and interest of the state in any of 424
the real property. As soon as reasonably practical after AFTER 425
determining that any A PARCEL of the real property is no longer 427
required for highway purposes, the director shall have the parcel 429
of land appraised by a department prequalified appraiser. 430
(B) Except as otherwise provided in this section, the 432
director shall advertise the sale OF REAL PROPERTY THAT IS NO 433
LONGER REQUIRED FOR HIGHWAY PURPOSES in a newspaper of general 435
circulation in the county in which the land REAL PROPERTY is 436
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situated for at least two consecutive weeks prior to the date set 438
for the sale. The land REAL PROPERTY may be sold at public 439
auction to the highest bidder for not less than two-thirds of its 441
appraised value, but the director may reject all bids that are 442
less than the full appraised value of the land REAL PROPERTY. 443
However, if no sale has been effected after an effort to sell 445
under this paragraph DIVISION, the director may set aside the 446
appraisement APPRAISAL, order a new appraisement APPRAISAL, and, 448
except as otherwise provided in this section, readvertise the 450
property for sale.
(C) If land not REAL PROPERTY NO LONGER required for 452
highway purposes is appraised or reappraised as having a current 455
fair market value of five TWENTY thousand dollars or less, the 458
director may sell the land REAL PROPERTY to the sole abutting 459
owner through a private sale at a price not less than the 460
appraised value. If there is more than one abutting owner, the 461
director may invite all of the abutting owners to submit sealed 462
bids and may sell the land REAL PROPERTY to the highest bidder at 463
not less than its appraised value. 465
(D) If such land REAL PROPERTY NO LONGER REQUIRED FOR 467
HIGHWAY PURPOSES is APPRAISED OR reappraised as having a fair 468
market value of one TWO thousand dollars or less, and no sale has 470
been effected after an effort to sell to the abutting owner or 472
owners, the director may readvertise and ADVERTISE THE SALE OF 473
SUCH REAL PROPERTY IN ACCORDANCE WITH DIVISION (B) OF THIS 474
SECTION. THE DIRECTOR MAY sell the land at public auction to the 476
highest bidder WITHOUT REGARD TO ITS APPRAISED VALUE, BUT THE
DIRECTOR MAY REJECT ALL BIDS THAT ARE LESS THAN THE FULL 477
APPRAISED VALUE OF THE REAL PROPERTY. 478
(E) THE DEPARTMENT SHALL PAY ALL EXPENSES INCURRED IN THE 480
SALE OF A PARCEL OF REAL PROPERTY OUT OF THE PROCEEDS OF THE SALE 481
AND SHALL DEPOSIT THE BALANCE OF THE PROCEEDS IN THE HIGHWAY FUND 483
USED TO ACQUIRE THAT PARCEL OF REAL PROPERTY.
(F) UPON A DETERMINATION THAT REAL PROPERTY PREVIOUSLY 485
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ACQUIRED WITHIN A HIGHWAY IMPROVEMENT PROJECT CORRIDOR NO LONGER 486
IS NEEDED FOR HIGHWAY PURPOSES, THE DIRECTOR MAY OFFER THE 487
UNNEEDED PROPERTY TO ANOTHER LANDOWNER LOCATED WITHIN THAT 488
PROJECT'S CORRIDOR AS FULL OR PARTIAL CONSIDERATION FOR OTHER 489
REAL PROPERTY TO BE ACQUIRED FROM THE LANDOWNER. IF THE 490
LANDOWNER ACCEPTS THE OFFER, THE DIRECTOR SHALL CONVEY THE 491
UNNEEDED PROPERTY DIRECTLY TO THE LANDOWNER AT THE FULL FAIR 492
MARKET VALUE DETERMINED BY THE DEPARTMENT BY APPRAISAL. THE 493
DIRECTOR SHALL CREDIT THE VALUE OF THE UNNEEDED PROPERTY AGAINST 494
THE ACQUISITION PRICE OF THE PROPERTY BEING ACQUIRED BY THE 495
DEPARTMENT, AND THE LANDOWNER SHALL PAY THE DEPARTMENT THE 496
DIFFERENCE IF THE VALUE OF THE UNNEEDED PROPERTY EXCEEDS THE 497
ACQUISITION PRICE OF THE PROPERTY BEING ACQUIRED.
(G) Conveyances of the lands REAL PROPERTY UNDER THIS 499
SECTION shall be by deed executed by the governor, SHALL bear the 501
great seal of the state of Ohio, and shall be in the form as 502
prescribed by the attorney general. Section 5301.13 of the 503
Revised Code, relating to the sale of public lands, shall not 504
apply to conveyances made pursuant to this section. The director 505
shall keep a record of all such conveyances. THIS SECTION 506
APPLIES TO ALL REAL PROPERTY ACQUIRED BY THE DEPARTMENT, 507
REGARDLESS OF HOW OR FROM WHOM THE PROPERTY WAS ACQUIRED.
Sec. 5501.45. (A) The director of transportation may 516
convey or transfer the fee simple estate or any lesser estate or 517
interest in, or permit the use of, for such period as the 518
director shall determine, any lands owned by the state and 519
acquired or used for the state highway system or for highways or 520
in connection with highways or as incidental to the acquisition 521
of land for highways, provided that the director determines, 522
after consulting with the director of natural resources, that the 524
property or interest conveyed or made subject to a permit to use 525
is not needed by the state for highway or recreation purposes. 526
Such conveyance, transfer, or permit to use may be to the grantee 527
or permittee or to the grantee or permittee and the grantee's or 528
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its successors and assigns and shall be of such portion of such 530
lands as the director shall determine, which shall be described 531
in the deed, transfer, or other instrument or conveyance and in 532
any permit to use, and may include or be limited to areas or 533
space on, above, or below the surface, and also may include the 534
grant of easements or other interests in any such lands for use 535
by the grantee for buildings or structures or for other uses and 536
purposes, and for the support of buildings or structures 537
constructed or to be constructed on or in the lands or areas or 538
space conveyed or made subject to a permit to use.
(B) Whenever pursuant to this section separate units of 540
property are created in any lands, each unit shall for all 541
purposes constitute real property and shall be deemed real estate 542
within the meaning of all provisions of the Revised Code, shall 544
be deemed to be a separate parcel for all purposes of taxation 545
and assessment of real property, and no other unit or other part 546
of such lands shall be charged with the payment of such taxes and 547
assessments.
(C) With respect to any portion of the state highway 549
system not owned in fee simple by the state, the director may 550
permit the use of any portion thereof in perpetuity or for such 551
period of time as the director shall specify, including areas or 552
space on, above, or beneath the surface, together with rights for 554
the support of buildings or structures constructed or to be 555
constructed thereon or therein, provided that the director 556
determines that the portion made subject to a right to use is not 557
needed by the state for highway purposes. 558
(D) The director shall require, as either a condition 560
precedent or a condition subsequent to any conveyance, transfer, 561
or grant or permit to use, that the plans and specifications for 562
all such buildings or structures and the contemplated use 563
thereof, be approved by the director as not interfering with the 564
use of the state highway system and not unduly endangering the 566
public. The director may require such indemnity agreements in 567
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favor of the director and the public as shall be lawful and as 568
shall be deemed necessary by the director. The director shall 569
not unreasonably withhold approval of such plans, specifications, 570
and contemplated use.
(E)(1) All such conveyances, transfers, grants, or permits 572
to use that are made to state institutions, agencies, 573
commissions, instrumentalities, political subdivisions, or taxing 574
districts of the state, and institutions receiving financial 575
assistance from the state, shall be upon such consideration as 576
shall be determined by the director to be fair and reasonable, 577
without competitive bidding, and sections 5301.13 and 5515.01 of 578
the Revised Code, relating to the sale or use of public lands 579
shall not apply to conveyances, grants, transfers, or permits to 580
use made pursuant to this section DIVISION. AN INSTITUTION 581
RECEIVING FINANCIAL ASSISTANCE FROM THE STATE SHALL PROVIDE THE 582
DIRECTOR WITH ACCEPTABLE DOCUMENTARY EVIDENCE OF THE STATE LOAN, 583
GRANT, OR OTHER STATE FINANCIAL ASSISTANCE. All such 584
(2) AS USED IN THIS DIVISION, "INSTITUTION RECEIVING 586
FINANCIAL ASSISTANCE FROM THE STATE" INCLUDES ANY PUBLIC OR 587
PRIVATE ORGANIZATION, ESPECIALLY ONE OF A CHARITABLE, CIVIC, OR 588
EDUCATIONAL CHARACTER, IN RECEIPT OF A STATE LOAN, GRANT, OR 589
OTHER TYPE OF STATE FINANCIAL ASSISTANCE.
(F) EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION, 591
ALL conveyances, grants, or permits to use that are made to 593
private persons, firms, or corporations shall be to the highest 595
bidder at public auction CONDUCTED in accordance with the 597
procedure set forth in section 5501.32 5501.311 OR 5501.34 of the 598
Revised Code, AS APPLICABLE. 599
(G) In any case where the director has acquired or 601
acquires, for the state highway system, easements in or permits 602
to use areas or space on, above, or below the surface, the 603
director may extinguish them in whole or in part or subordinate 604
them to uses by others, provided that the director determines 605
that the easements or permit to use so extinguished or 607
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subordinated are not needed by the state for highway purposes.
THE DIRECTOR SHALL MAKE ANY EXTINGUISHMENTS TO THE CURRENT 608
UNDERLYING FEE OWNER OF RECORD AT NO COST. 609
(H) No conveyance, transfer, easement, lease, permit, or 611
other instrument executed pursuant to the authorization given by 612
this section shall prejudice any right, title, or interest in any 613
lands affected thereby which at the date thereof existed in any 614
person, firm, or corporation, other than the state and other than 615
members of the general public having no specific rights in said 616
lands, unless the right, title, or interest was expressly subject 618
to the right of the state to make such conveyance or transfer, 619
grant such right, or execute such instrument, and unless the 620
state by such instrument expressly exercises such right, nor 621
shall any public utility be required to move or relocate any of 622
its facilities that may be located in or on the areas described 623
in any such conveyance, transfer, easement, lease, permit, or 624
other instrument.
Sec. 5501.50. (A) As used in this section, "agricultural 633
purposes" means commercial animal or poultry husbandry, or the 634
production for a commercial purpose of field crops, tobacco, 635
fruits, or vegetables. 636
(B) Whenever the director of transportation acquires real 638
property as provided in section 5501.32 of the Revised Code or 639
otherwise acquires real property in fee simple in the name of the 640
state for highway purposes and subsequently finds the property is 641
not needed for such purposes, or will not be needed for such 642
purposes for a period of two years or more following the date of 643
acquisition of the property, and the property is adjacent to or 644
in the near vicinity of property used for agricultural purposes, 645
the director may, at his THE DIRECTOR'S discretion, offer to 646
lease the property for agricultural purposes for one year at a 648
price consistent with rentals of adjacent agricultural lands in 649
the manner provided in divisions (C), (D), (E), (F), (G), (H), 650
and (I) of this section before conveying or transferring the fee 651
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simple estate or any lesser estate or interest in the property, 652
or permitting its use by another. 653
(C) Real property shall be offered for lease by mailing a 655
notice, in writing, to each person who owns or leases property 656
being used for agricultural purposes that adjoins or is in the 657
near vicinity of the property. The notice shall include a 658
general description of the property offered for lease, the cost 659
of the lease, the manner in which the lease will be made, the 660
requirements of this section, a statement that the person shall 661
notify the director in writing within no more than four weeks 662
following mailing of the notice if the person is interested in 663
leasing the property, and such other information as the director 664
considers necessary. 665
(D) If the director receives information in writing from 667
two or more persons who are interested in leasing the real 668
property, one of whom is the owner of real property that adjoins 669
the property offered for lease, the director may lease the 670
property to that person. If the director receives such 671
information from two or more persons, two or more of whom are 672
owners of real property that adjoins the property offered for 673
lease, the director shall lease the property to the person whose 674
information is contained in the envelope bearing the earliest 675
postmark. 676
(E) Any lease made under this section shall be conditioned 678
upon the lessee's written agreement to maintain weed control on 679
the property. If the director has reasonable cause to believe 680
that such an agreement is violated, the director, or any of his 681
THE DIRECTOR'S authorized agents, may, at his THE DIRECTOR'S OR 683
AUTHORIZED AGENT'S discretion, do either of the following: 685
(1) Provide necessary weed control. The expense of 687
providing weed control shall be paid by the director out of any 688
appropriation to the department of transportation available for 689
the establishment, use, maintenance, or repair of highways and 690
the amount thereof shall be reimbursed by the lessee to the 691
17
department and if not reimbursed the amount thereof shall be 692
certified to the attorney general for collection by civil action 693
against the lessee of the property. 694
(2) File a complaint by petition in the court of common 696
pleas of the county in which the property is located. Upon a 697
finding by the court that a violation of the agreement exists as 698
alleged in the petition, the court shall enter an order of 699
abatement against the lessee of the property. 700
(F) If real property offered for lease as provided in this 702
section is located near a highway where the use of the property 703
for crops such as corn and wheat will obstruct the view of any 704
part of the highway from a person operating a vehicle on the 705
highway or on an intersecting highway or private road, or near an 706
airport where such use of the property may interfere with airport 707
safety, any lease made shall be conditioned upon the lessee's 708
written agreement to use the property for only crops that will 709
not create such an obstruction of the view of the highway or 710
interference with airport safety. If the director has reasonable 711
cause to believe that such an agreement is violated, the 712
director, or any of his THE DIRECTOR'S authorized agents, may, at 714
his THE DIRECTOR'S OR AUTHORIZED AGENT'S discretion, do either of 715
the following:
(1) Remove the crop or such part thereof as may be 717
necessary to ensure that the view of the highway will not be 718
obstructed, or that airport safety will not be reduced. The 719
expense of the removal shall be paid by the director out of any 720
appropriation to the department of transportation available for 721
the establishment, use, maintenance, or repair of highways and 722
the amount thereof shall be reimbursed by the lessee to the 723
department and if not reimbursed the amount thereof shall be 724
certified to the attorney general for collection by civil action 725
against the lessee of the property. 726
(2) File a complaint by petition in the court of common 728
pleas of the county in which the property is located. Upon a 729
18
finding by the court that a violation of the agreement exists as 730
alleged in the petition, the court shall enter an order of 731
abatement against the lessee of the property. 732
(G) The director may offer to renew annually any lease of 734
real property made under this section to the current lessee or 735
may offer the opportunity to lease to others in the manner and 736
subject to the requirements and limitations as provided for in 737
this section. 738
(H) The requirements of sections 5501.32, 5501.34, 740
5501.37, and 5501.45 of the Revised Code relating to the 741
appraisal, advertisement, manner of sale, and minimum sale price 742
of property not needed for highway purposes and the requirements 743
of sections 5501.34, 5501.37, and 5501.45 of the Revised Code 744
relating to the use of property not needed for highway purposes 745
for recreation purposes, do not apply to a lease or renewal of a 746
lease of real property made in accordance with this section. 747
(I) Except as provided in divisions (E)(1) and (F)(1) of 749
this section, all expense incurred in the lease of real property 750
under this section shall be paid out of the proceeds of the lease 751
and the balance shall be deposited in the highway fund from which 752
the purchase of the real property giving rise to the proceeds was 753
made. 754
(J) Nothing in this section shall be construed to permit 756
the director to acquire real property by appropriation for the 757
purpose of leasing it for agricultural purposes. 758
Sec. 5511.01. All state highways established by law shall 767
continue to be known as state highways, and the state highway 768
system established by law shall continue to be known as the state 769
highway system. 770
Before establishing any additional highways as part of the 772
state highway system, or making any SIGNIFICANT changes in 773
existing highways comprising the system, the director of 775
transportation shall give notice, by publication in one newspaper 776
of general circulation NOTIFY THE GENERAL COMMUNITY OF THE 777
19
PROJECT AND OFFER AN OPPORTUNITY FOR APPROPRIATE PUBLIC 778
INVOLVEMENT IN THE PROJECT PROCESS. 779
THE OPPORTUNITY FOR PUBLIC INVOLVEMENT SHALL SATISFY THE 781
REQUIREMENTS OF THE "NATIONAL ENVIRONMENTAL POLICY ACT OF 1969," 783
83 STAT. 852, 42 U.S.C.A. 4321 ET SEQ., AS AMENDED, AND MAY 784
CONSIST OF ACTIVITIES INCLUDING PUBLIC MEETINGS OR HEARINGS, 785
SMALL GROUP MEETINGS WITH LOCAL OFFICIALS, INDIVIDUAL MEETINGS, 786
NEWS RELEASES, PUBLIC NOTICES, WORKSHOPS, NEWSLETTERS, ELECTRONIC 787
COMMUNICATIONS, RADIO ANNOUNCEMENTS, MAIL NOTIFICATION, AND OTHER 789
ACTIVITIES CONSIDERED APPROPRIATE FOR THE EXCHANGE OF
INFORMATION. THE DIRECTOR OR THE DIRECTOR'S DESIGNEE SHALL 790
PROVIDE THE PUBLIC INVOLVEMENT ACTIVITIES in each of the counties 792
in which the highway proposed to be established is to be located 793
or in which it is proposed to make such changes, once each week 794
for two successive weeks. The notice shall state the time and 795
place of the hearing which shall be held in the county, or one of 796
the counties, in which the proposed highway or some part thereof 797
is to be situated, or in which it is proposed to make such 798
changes. The notice shall state the route of the proposed 799
highway or the change proposed to be made in an existing highway 800
of the system. The hearing shall be open to the public and the 801
director or a deputy designated by him shall attend and hear any 802
proof offered on the matter. Any. 803
ANY changes made in existing highways by the director or 805
any additional highways established by him THE DIRECTOR following 806
the hearing PUBLIC INVOLVEMENT ACTIVITIES shall be certified to 808
the following authorities interested therein: the legislative 809
authority of municipalities, board of county commissioners, board 810
of township trustees, municipal, county, and regional planning 811
commissions, and the municipal, township, or county officer 812
authorized to issue land use or building permits. Before any 813
zoning change or subdivision plat is approved and before any 814
permit for land use or the erection, alteration, or moving of a 815
building is granted affecting any land within three hundred feet 816
20
of the center line of a proposed new highway or highway for which 817
changes are proposed, as described in the certification by the 818
director, or within a radius of five hundred feet from the point 819
of intersection of that center line with any public road or 820
highway, the authority authorized to approve the zoning change or 821
subdivision plat or the authority authorized to grant the permit 822
for land use or the erection, alteration, or moving of the 823
building shall give notice, by certified mail, to the director, 824
and shall not approve a zoning change or subdivision plat or 825
grant a permit for land use or the erection, alteration, or 826
moving of a building for one hundred twenty days from date notice 827
is received by the director. During the one hundred twenty day 828
period and any extension of it as may be agreed to between the 829
director and any property owner, notice of which has been given 830
to the authority to which the application has been made, the 831
director shall proceed to acquire any land needed by purchase or 832
gift, or by initiating proceedings to appropriate, or make a 833
finding that acquisition at such time is not in the public 834
interest. Upon purchase, initiation of appropriation 835
proceedings, or a finding that acquisition is not in the public 836
interest, the director shall notify the authority from which 837
notice was received of that action. Upon being notified that the 838
director has purchased or initiated proceedings to appropriate 839
the land that authority shall refuse to rezone land or to approve 840
any subdivision plat that includes the land which the director 841
has purchased or has initiated proceedings to appropriate, and 842
that authority shall refuse to grant a permit for land use or the 843
erection, alteration, or moving of a building on the land which 844
the director has purchased or initiated proceedings to 845
appropriate. Upon notification that the director has found 846
acquisition at that time not to be in the public interest, or 847
upon the expiration of the one hundred twenty day period or any 848
extension thereof, if no notice has been received from the 849
director, that authority shall proceed in accordance with law. 850
21
A report of the change or addition shall be filed in the 852
office of the director, and the report of the director making the 853
change or establishing the highway shall be placed on file in the 854
office of the department of transportation. 855
In no event shall the total mileage of the state highway 857
system be increased under this section to exceed two hundred 858
miles in one year. 859
The director, upon petition of the boards of the counties 861
traversed thereby or of citizens of such counties, may officially 862
assign to a highway of the state highway system a distinctive 863
name, commemorative of a historical event or personage, or 864
officially assign thereto a commonly accepted and appropriate 865
name by which the highway is known. The 866
THE director may, upon giving APPROPRIATE notice and 869
holding a hearing OFFERING THE OPPORTUNITY FOR PUBLIC INVOLVEMENT 870
AND COMMENT, abandon a highway on the state highway system or 871
part thereof which he THE DIRECTOR determines is of minor 873
importance or which traverses territory adequately served by 874
another state highway, and the abandoned highway shall revert to 875
a county or township road or municipal street. A report covering 876
such action shall be filed in the office of the director, and the 877
director shall certify his THE action to the board of the county 879
in which the highway or portion thereof so abandoned is situated. 880
The director shall make a map showing thereon, by 882
appropriate numbering or other designation, all the state 883
highways. The map shall be kept on file in his THE DIRECTOR'S 884
office and he THE DIRECTOR shall cause the same to be corrected 885
and revised to show all changes and additions to the date of such 887
correction. A copy of the map, certified by the director as a 888
correct copy of the map on file in his THE DIRECTOR'S office, 889
shall be admissible as evidence in any court to prove the 891
existence and location of the several highways and roads of the 892
state highway system.
The state highway routes into or through municipal 894
22
corporations, as designated or indicated by state highway route 895
markers erected thereon, are state highways and a part of the 896
state highway system. The director may erect state highway route 897
markers and such other signs directing traffic as he THE DIRECTOR 899
thinks proper upon those portions of the state highway system 900
lying within municipal corporations, and the consent of the 901
municipal corporations to such erection and marking shall not be 902
necessary. However, the director may erect traffic signs in 903
villages in accordance with section 5521.01 of the Revised Code. 904
No change in the route of any highway through a municipal 905
corporation shall be made except after notice and hearing 906
PROVIDING PUBLIC INVOLVEMENT ACTIVITIES. 907
Except as provided in sections 5501.49 and 5517.04 of the 909
Revised Code, no duty of constructing, reconstructing, 910
maintaining, and repairing such state highways within municipal 911
corporations shall attach to or rest upon the director. The 912
director may enter upon such state highways within any municipal 913
corporation and construct, reconstruct, widen, improve, maintain, 914
and repair them, provided the municipal corporation first 915
consents thereto by resolution of its legislative authority, 916
except that he THE DIRECTOR need not obtain the consent of the 917
municipal corporation if the existing highway being changed or 919
the location of an additional highway being established was not 920
within the corporate limits of the municipal corporation at the 921
time such establishment or change was journalized IS APPROVED by 922
the director, or if the director is acting pursuant to section 924
5501.49 of the Revised Code. 925
The director shall place in the files of the department a 927
record of the routes of all such state highways within municipal 928
corporations, and shall cause them to be corrected and revised to 929
show all changes and additions to the date of the correction. A 930
copy of the record or any pertinent part thereof, certified by 931
the director to be a true and correct copy, shall be admissible 932
in evidence in any court of the state for the purpose of proving 933
23
the existence and location of any state highway within a 934
municipal corporation. 935
When the director proposes to change an existing state 937
highway and there exists upon the highway a separated railroad 938
crossing, the director shall mail to the interested railroad 939
company a copy of the notice which shall be mailed by first-class 940
mail, postage prepaid, and certified with return receipt 941
requested, at least two weeks before the time fixed for hearing 942
ANY PUBLIC INVOLVEMENT ACTIVITY. When the director proposes to 944
change an existing state highway within a municipal corporation 945
he, THE DIRECTOR shall mail to the mayor or other chief executive 948
officer of the municipal corporation a copy of the notice which 949
shall be mailed by first-class mail, postage prepaid, and 950
certified with return receipt requested, at least two weeks 951
before the time fixed for hearing ANY PUBLIC INVOLVEMENT 952
ACTIVITY.
Nothing in this section shall be construed to require 954
notice and hearing PROVIDING PUBLIC INVOLVEMENT ACTIVITIES before 956
the construction, reconstruction, maintenance, improvement, or 957
widening of an existing highway where no relocation is involved. 958
With the exception of the authority conferred upon the 960
director by this section, to erect state highway route markers 961
and signs directing traffic, and by section 5501.49 of the 962
Revised Code, Chapters 5501., 5503., 5511., 5513., 5515., 5516., 963
5517., 5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 964
5533., and 5535. of the Revised Code, shall not in any way 965
modify, limit, or restrict the authority conferred by section 966
723.01 of the Revised Code upon municipal corporations to 967
regulate the use of streets and to have the care, supervision, 968
and control of the public highways, streets, avenues, alleys, 969
sidewalks, public grounds, bridges, aqueducts, and viaducts 970
within the municipal corporations and to keep them, subject to 971
division (B)(3) of section 2744.02 of the Revised Code, open, in 972
repair, and free from nuisance. 973
24
Sec. 5511.07. In pursuance of section 5501.31 of the 982
Revised Code, the director of transportation, in vacating any 983
highway or portion thereof on the state highway system that the 985
director finds is no longer necessary for the purposes of a
public highway, shall issue such a finding, which shall contain a 987
description of the highway or part thereof to be vacated. Notice 988
of such finding shall be published once a week, for two 989
consecutive weeks, in a newspaper of general circulation in the 990
county in which the highway, or part thereof, to be vacated lies, 991
and a copy of the notice shall be served as in civil cases, or by 992
registered first class mail, return receipt requested, upon each 993
owner of property abutting on the portion of the highway to be 994
vacated, and upon the director of natural resources. Any owner 995
whose place of residence is unknown, or who is a nonresident of 996
the state, shall be specifically named in the notice of 997
publication and shall be directed in the finding to take due 998
notice of the contents thereof. THE DIRECTOR SHALL MAKE ANY 999
VACATION OF A HIGHWAY OR PORTION OF A HIGHWAY TO AN ABUTTING
LANDOWNER OR CURRENT UNDERLYING FEE OWNER OF RECORD AT NO COST. 1,000
The notice shall fix a date, not less than twenty days 1,002
after the date of the final publication of the notice, and shall 1,004
contain a determination that on or before that date claims for 1,005
compensation and damage, or either, by reason of the vacation
proceedings, must be filed in writing, in duplicate, with the 1,006
district deputy director of transportation in whose district lies 1,007
any portion of the highway to be vacated. Failure to file claims 1,009
in that manner is a waiver of any claim for damage by reason of 1,010
the vacation.
After considering any claims filed, the director shall make 1,012
awards as the director considers just and equitable, and if, 1,014
within ten days, the amount so awarded has not been accepted and 1,015
waivers therefor signed, that amount shall be deposited in the 1,016
probate court or court of common pleas of the county in which the 1,017
vacation lies, wholly or in part, and the procedure to adjudicate 1,018
25
such claims shall be that provided under section 5519.01 of the 1,019
Revised Code.
No final determination shall be made by the director in 1,021
vacating such highway or portion thereof until all awards are 1,022
accepted, or deposit therefor made, in the probate court or court 1,023
of common pleas. 1,024
NO PUBLIC UTILITY SHALL BE REQUIRED TO MOVE OR RELOCATE ANY 1,026
OF ITS FACILITIES THAT MAY BE LOCATED IN OR ON ANY HIGHWAY OR 1,027
PORTION THEREOF BEING VACATED. ANY DEED, TRANSFER, OR OTHER 1,028
INSTRUMENT OR CONVEYANCE MADE BY REASON OF THE VACATION SHALL 1,029
INDICATE THE RIGHT OF ANY PUBLIC UTILITY TO CONTINUE ITS USE OR 1,030
OCCUPATION OF THE HIGHWAY OR PORTION OF THE HIGHWAY BEING 1,031
VACATED.
Sec. 5515.02. All individuals, firms, and corporations 1,040
using or occupying any part of a road or highway on the state 1,041
highway system, or the bridges or culverts thereon, with 1,042
telegraph or telephone lines, steam, electrical, or industrial 1,043
railways, oil, gas, water, or other pipes, mains, conduits, or 1,044
any object or structure, other than by virtue of a franchise or 1,045
permit granted and in force, shall remove from the bounds of the 1,047
road, OR highway, bridge, or culvert, their poles and wires 1,048
connected therewith, and any tracks, switches, spurs, or oil, 1,049
gas, water, or other pipes, mains, conduits, or other objects or 1,050
structures, when in the opinion of the director of transportation 1,051
they constitute obstructions in the roads, highways, bridges, or 1,053
culverts, or THEY interfere or may interfere with the
contemplated construction, reconstruction, improvement, 1,055
maintenance, or repair, OR USE BY THE TRAVELING PUBLIC of the 1,057
roads, OR highways, bridges, or culverts or with their use by the 1,059
traveling public.
All individuals, firms, or corporations so occupying any 1,061
road or highway on the state highway system, or the bridges or 1,062
culverts thereon, under and by virtue of a franchise or permit 1,063
granted and in force, shall relocate their properties and all 1,064
26
parts thereof within the bounds of the road, OR highway, bridge, 1,066
or culvert when in the opinion of the director they constitute
obstructions in the road, highway, bridge, or culvert, or THEY 1,068
interfere with or may interfere with the contemplated
construction, reconstruction, improvement, maintenance, or 1,070
repair, OR USE of the road, OR highway, bridge, or culvert or 1,071
with its use. The relocation within the bounds of the road, OR 1,073
highway, bridge, or culvert shall be in the manner and to the 1,074
extent prescribed by the director. 1,075
If, in the opinion of the director, such individuals, 1,077
firms, or corporations have obstructed any road or highway on the 1,078
state highway system, or the bridges or culverts thereon, or if 1,079
any of their properties, in the director's opinion, are so 1,080
located that they do or may interfere with the contemplated 1,082
construction, reconstruction, improvement, maintenance, or 1,083
repair, OR USE of the road, OR highway, bridge, or culvert, or 1,086
with the use of the road, highway, bridge, or culvert by the 1,087
traveling public, the director shall notify such individual, 1,088
firm, or corporation directing the removal of the obstruction or 1,089
properties, or the relocation of the properties, and, if such. 1,090
IF THE individual, firm, or corporation does not within five days 1,093
from the service of the notice proceed to remove or relocate the 1,094
obstruction or properties and complete the removal or relocation 1,095
within a reasonable time, the director may remove or relocate the 1,097
same by employing the necessary labor, tools, and equipment. The 1,098
ANY NOTICE REQUIRED UNDER THIS SECTION SHALL BE MADE BY PERSONAL 1,099
SERVICE, CERTIFIED MAIL, OR EXPRESS MAIL.
IF, IN THE DIRECTOR'S OPINION, THE OBSTRUCTION OR 1,101
PROPERTIES PRESENT AN IMMEDIATE AND SERIOUS THREAT TO THE SAFETY 1,102
OF THE TRAVELING PUBLIC, THE DIRECTOR MAY REMOVE OR RELOCATE THE 1,103
OBSTRUCTION OR PROPERTIES WITHOUT PRIOR NOTICE. 1,104
WHEN THE DIRECTOR PERFORMS A REMOVAL OR RELOCATION UNDER 1,106
THIS SECTION, THE costs and expenses shall be paid by the 1,107
director out of any appropriation of the department of 1,109
27
transportation available for the establishment, construction, 1,110
reconstruction, improvement, maintenance, or repair of highways, 1,111
and the amount thereof shall be certified to the attorney general 1,112
for collection by civil action. Notice of the action shall be 1,113
made by personal service or by certified mail. 1,114
AS USED IN THIS SECTION, "ROAD" OR "HIGHWAY" HAS THE SAME 1,116
MEANING AS IN SECTION 5501.01 OF THE REVISED CODE AND ALSO 1,117
INCLUDES ANY PART OF THE RIGHT OF WAY. 1,118
Sec. 5515.04. Telegraph and telephone UTILITY poles along 1,127
the public highway may be used for the purpose of attaching 1,129
thereto or placing thereon, signposts, guideposts, warning signs, 1,130
or other signs when prescribed by the director of transportation 1,131
or county engineer.
Sec. 5521.01. The director of transportation, upon the 1,140
request by and the approval of the legislative authority of a 1,141
village, shall maintain, repair, and apply standard longitudinal 1,142
pavement marking lines as the director considers appropriate, or 1,144
may establish, construct, reconstruct, improve, or widen any 1,145
section of a state highway within the limits of a village. The 1,146
director also may erect regulatory and warning signs, as defined 1,147
in the manual adopted under section 4511.09 of the Revised Code, 1,148
on any section of a state highway within the limits of a village. 1,149
The director may establish, construct, reconstruct, improve, 1,150
widen, maintain, or repair any section of state highway within 1,151
the limits of a city, including the elimination of railway grade 1,152
crossings, and pay the entire or any part of the cost and expense 1,153
thereof from state funds, but in all cases the director first 1,155
shall obtain the consent of the legislative authority of the
municipal corporation, except that the director need not obtain 1,157
the consent of the municipal corporation if the existing highway 1,158
being changed or the location of an additional highway being 1,159
established was not within the corporate limits of the municipal 1,160
corporation at the time the director determines the establishment 1,161
or change should be made, or if the director is acting pursuant 1,163
28
to section 5501.49 of the Revised Code. 1,164
Except as provided in section 5501.49 of the Revised Code, 1,166
when in the opinion of the director there is urgent need to 1,167
establish a state highway, which is to be designated a federal 1,168
aid highway, or a federal aid interstate highway within a 1,169
municipal corporation or, in the opinion of the director, any 1,170
federal aid highway or interstate federal aid highway is in 1,171
urgent need of repair, reconstruction, widening, improvement, or 1,172
relocation, so as to accommodate the traveling public, the 1,173
director shall submit a written request to the legislative 1,174
authority of the municipal corporation for its consent to the 1,175
desired establishment or improvement. The legislative authority, 1,176
within sixty days after the written request has been received 1,178
from the director, either shall grant its consent to the 1,179
establishment or improvement or refuse consent by filing in
writing with the director a statement of its reasons for refusing 1,180
consent and any alternate proposals it considers reasonable. If 1,181
the legislative authority fails to act or refuses consent, the 1,182
director, upon consideration of the reasons for rejection, may 1,184
make a resolution declaring the necessity of the establishment or 1,185
improvement, and then proceed in the same manner as if consent 1,186
had been given. A certified copy of the resolution shall be 1,187
served upon the municipal legislative authority, which, within 1,188
twenty days from the date of service, may appeal to the court of 1,189
common pleas of the county in which the municipal corporation is 1,190
situated, upon the reasonableness and necessity of the action 1,191
provided for in the resolution. In the hearing upon appeal, the 1,192
director shall introduce the record of the director's 1,193
proceedings, including the director's findings with respect to 1,195
factors referred to in section 5521.011 of the Revised Code, and 1,196
such other competent evidence as the director desires in support 1,197
of the director's resolution, and the municipality likewise may 1,198
introduce competent evidence opposing the resolution, and 1,199
findings. The court may affirm or revoke the resolution. The 1,200
29
decision of the common pleas court may be appealed to the court 1,201
of appeals and the supreme court as in other cases. If the court 1,202
affirms the resolution, the director may proceed with the 1,203
establishment or improvement with or without the cooperation of 1,204
the municipal corporation. Any such municipal corporation may 1,205
cooperate with the director in the work and pay such portion of 1,206
the cost as is agreed upon between the municipal corporation and 1,207
the director. The legislative authority of any municipal 1,208
corporation desiring to cooperate, by resolution, may propose 1,209
such cooperation to the director, and a copy of the resolution, 1,210
which shall set forth the proportion of the cost and expense to 1,211
be contributed by the municipal corporation, shall be filed with 1,212
the director. The director shall cause to be prepared the 1,213
necessary surveys, plans, profiles, cross sections, estimates, 1,214
and specifications and shall file copies of them with the 1,216
legislative authority of the municipal corporation. After the 1,218
legislative authority has approved the surveys, plans, profiles, 1,219
cross sections, estimates, and specifications, and after the 1,220
municipal corporation has provided the funds necessary to meet 1,221
the portion of the cost of the work assumed by it, the municipal 1,222
corporation shall enter into a contract with the state providing 1,223
for payment by the municipal corporation of the agreed portion of 1,224
the cost. The form of the contract shall be prescribed by the 1,225
attorney general, and such contracts shall be submitted to the 1,226
director and approved before advertising for THE RECEIPT OF bids. 1,227
Section 5705.41 of the Revised Code applies to such contract to 1,228
be made by the municipal corporation, and a duplicate of the 1,229
certificate of the chief fiscal officer of the municipal 1,230
corporation shall be filed in the office of the director. That 1,231
part of the cost of the work assumed by the municipal corporation 1,232
shall be paid from the proceeds of taxes or special assessments, 1,233
or both, or from the proceeds of notes or bonds issued and sold 1,234
in anticipation of the collection of the taxes and assessments. 1,235
For the purpose of providing funds for the payment of that part 1,236
30
of the cost of the work assumed by the municipal corporation, the 1,237
municipal corporation has the same authority to make special 1,238
assessments, levy taxes, and issue bonds or notes, in 1,239
anticipation of the collection of the same, as it has with 1,240
respect to improvements constructed under the sole supervision 1,241
and control of the municipal corporation. All such assessments 1,242
shall be made, taxes levied, and bonds or notes issued and sold 1,243
under such conditions and restrictions as may be provided with 1,244
respect to assessments, taxes, bonds, or notes made, levied, 1,245
issued, or sold in connection with improvements of the same class 1,246
and character constructed under the sole supervision and control 1,247
of the municipal corporation. The improvement shall be 1,248
constructed under the sole supervision of the director. The 1,249
proportion of the cost and expense payable by the municipal 1,250
corporation shall be paid by the proper officers thereof, upon 1,251
the requisition of the director, and at times during the progress 1,252
of the work as may be determined by the director or as may be 1,253
otherwise provided by law. 1,254
Sec. 5525.14. (A) Notwithstanding sections 125.01 to 1,263
125.11 of the Revised Code, the director of transportation, by 1,265
written instruction to the contractor, may increase the
quantities of any item specified or not specified in a 1,266
competitively bid construction contract but, except as provided 1,267
in division (B) of this section, the additional cost incurred by 1,268
the increase shall not exceed the lesser of one hundred thousand 1,269
dollars or five per cent of the total contract price. Any such 1,270
provision for increased quantities or extra work shall be made in
the form of a written change to the original contract and does 1,271
not require competitive bidding. 1,272
(B) The one hundred thousand dollar or five per cent 1,274
restriction in division (A) of this section does not apply to 1,275
change orders or extra work contracts WHEN THE TOTAL DOLLAR 1,276
AMOUNT OF THE INCREASE IS TWENTY-FIVE THOUSAND DOLLARS OR LESS OR 1,278
TO CHANGE ORDERS OR EXTRA WORK CONTRACTS resulting from any of 1,279
31
the following:
(1) An increase in the plan quantity that is determined 1,281
during the final measurement of an item of work. 1,282
(2) Federally mandated requirements that did not exist at 1,284
the time of the original contract award. 1,285
(3) Circumstances that would create a life-, safety-, or 1,287
health-threatening situation or would unduly delay the completion 1,288
of a project and increase its costs, but only if the director 1,289
makes a finding of such fact, declares an emergency, and issues 1,290
the finding. Extra work that the director contracts for in these 1,293
circumstances may include not only construction needed to
complete a project, but also adjustments needed to meet changed 1,295
conditions, alterations in original plans, unforeseen 1,296
contingencies, or payments necessitated by contract terminations
or suspensions. 1,297
All change orders or extra work contracts set forth in 1,299
division (B) of this section shall be reported to the controlling 1,300
board quarterly in writing.
(C) The director, by written instruction to the 1,302
contractor, may decrease or cancel the quantity of any item 1,303
specified in a contract or portion of a contract and authorize 1,304
payment to the contractor for reasonable costs incurred to date. 1,305
Sec. 5525.23. THE DIRECTOR OF TRANSPORTATION MAY INCLUDE 1,307
IN ANY CONSTRUCTION CONTRACT A PROVISION AUTHORIZING ARBITRATION 1,308
OF ANY CONTROVERSY SUBSEQUENTLY ARISING OUT OF THE CONTRACT. THE 1,309
PROVISION SHALL PROVIDE THAT IF ALL PARTIES IN A CONTROVERSY 1,311
ARISING OUT OF A CONSTRUCTION CONTRACT AGREE TO PROCEED TO 1,312
ARBITRATION, THE DIRECTOR SHALL DETERMINE THE METHOD AND FORM OF 1,313
ARBITRATION. NOTWITHSTANDING SECTIONS 2711.11 AND 2711.13 OF THE 1,314
REVISED CODE, THE DECISION OF AN ARBITRATOR UNDER THIS SECTION IS 1,316
NOT SUBJECT TO A MOTION TO MODIFY OR CORRECT AN AWARD. NO APPEAL 1,317
FROM THE DECISION OF AN ARBITRATOR LIES TO ANY COURT EXCEPT THAT 1,318
THE COURT OF COMMON PLEAS OF FRANKLIN COUNTY MAY MAKE AN ORDER 1,320
VACATING THE AWARD UPON THE APPLICATION OF ANY PARTY TO THE
32
ARBITRATION IF DIVISION (A), (B), OR (C) OF SECTION 2711.10 OF 1,323
THE REVISED CODE APPLIES.
Section 2. That existing sections 129.42, 5501.20, 1,325
5501.31, 5501.32, 5501.34, 5501.45, 5501.50, 5511.01, 5511.07, 1,327
5515.02, 5515.04, 5521.01, and 5525.14 and sections 4582.07, 1,328
4582.08, 4582.09, 4582.32, 4582.33, 4582.34, and 5501.37 of the 1,329
Revised Code are hereby repealed.