As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 43 5
1999-2000 6
SENATORS GARDNER-PRENTISS-ARMBRUSTER-BRADY-LATTA-MUMPER 8
10
A B I L L
To amend sections 317.08, 6121.01, 6121.04, and 12
6121.061 and to enact section 1507.071 of the 14
Revised Code to create a coastal erosion loan
program to provide financial assistance to 15
property owners for the construction of erosion
control structures in coastal erosion areas. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That sections 317.08, 6121.01, 6121.04, and 19
6121.061 be amended and section 1507.071 of the Revised Code be 20
enacted to read as follows:
Sec. 317.08. Except as provided in division (F) of this 29
section, the county recorder shall keep six separate sets of 31
records as follows:
(A) A record of deeds, in which shall be recorded all 33
deeds and other instruments of writing for the absolute and 34
unconditional sale or conveyance of lands, tenements, and 35
hereditaments; all notices as provided for in sections 5301.47 to 36
5301.56 of the Revised Code; all judgments or decrees in actions 37
brought under section 5303.01 of the Revised Code; all 38
declarations and bylaws as provided for in Chapter 5311. of the 39
Revised Code; affidavits as provided for in section 5301.252 of 40
the Revised Code; all certificates as provided for in section 41
5311.17 of the Revised Code; all articles dedicating 42
archaeological preserves accepted by the director of the Ohio 43
historical society under section 149.52 of the Revised Code; all 44
articles dedicating nature preserves accepted by the director of 45
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natural resources under section 1517.05 of the Revised Code; all 46
agreements for the registration of lands as archaeological or 47
historic landmarks under section 149.51 or 149.55 of the Revised 48
Code; all conveyances of conservation easements under section 49
5301.68 of the Revised Code; all instruments or orders described 50
in division (B)(1)(c)(ii) of section 5301.56 of the Revised Code; 51
all no further action letters issued under section 3746.11 of the 52
Revised Code; all covenants not to sue issued under section 53
3746.12 of the Revised Code; any restrictions on the use of 54
property identified pursuant to division (C)(3) of section 55
3746.10 of the Revised Code; and all memoranda of trust, as 56
described in division (A) of section 5301.255 of the Revised 57
Code, that describe specific real property; AND ALL AGREEMENTS 58
ENTERED INTO UNDER DIVISION (A) OF SECTION 1507.071 OF THE 59
REVISED CODE;
(B) A record of mortgages, in which shall be recorded all 61
of the following: 62
(1) All mortgages, including amendments, supplements, 64
modifications, and extensions of mortgages, or other instruments 65
of writing by which lands, tenements, or hereditaments are or may 66
be mortgaged or otherwise conditionally sold, conveyed, affected, 67
or encumbered; 68
(2) All executory installment contracts for the sale of 70
land executed after September 29, 1961, that by their terms are 71
not required to be fully performed by one or more of the parties 72
to them within one year of the date of the contracts; 73
(3) All options to purchase real estate, including 75
supplements, modifications, and amendments of the options, but no 76
option of that nature shall be recorded if it does not state a 77
specific day and year of expiration of its validity; 78
(4) Any tax certificate sold under section 5721.33 of the 80
Revised Code, or memorandum thereof, that is presented for filing 81
of record.
(C) A record of powers of attorney, including all 83
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memoranda of trust, as described in division (A) of section 84
5301.255 of the Revised Code, that do not describe specific real 85
property; 86
(D) A record of plats, in which shall be recorded all 88
plats and maps of town lots, of the subdivision of town lots, and 89
of other divisions or surveys of lands, any center line survey of 90
a highway located within the county, the plat of which shall be 91
furnished by the director of transportation or county engineer, 92
and all drawings as provided for in Chapter 5311. of the Revised 93
Code; 94
(E) A record of leases, in which shall be recorded all 96
leases, memoranda of leases, and supplements, modifications, and 97
amendments of leases and memoranda of leases; 98
(F) A record of declarations executed pursuant to section 101
2133.02 of the Revised Code and durable powers of attorney for 103
health care executed pursuant to section 1337.12 of the Revised 104
Code. 105
All instruments or memoranda of instruments entitled to 107
record shall be recorded in the proper record in the order in 108
which they are presented for record. The recorder may index, 109
keep, and record in one volume unemployment compensation liens, 110
internal revenue tax liens and other liens in favor of the United 111
States as described in division (A) of section 317.09 of the 112
Revised Code, personal tax liens, mechanic's liens, agricultural 113
product liens, notices of liens, certificates of satisfaction or 114
partial release of estate tax liens, discharges of recognizances, 115
excise and franchise tax liens on corporations, broker's liens, 116
and liens provided for in sections 1513.33, 1513.37, 3752.13, 118
5111.021, and 5311.18 of the Revised Code. 120
The recording of an option to purchase real estate, 122
including any supplement, modification, and amendment of the 123
option, under this section shall serve as notice to any purchaser 124
of an interest in the real estate covered by the option only 125
during the period of the validity of the option as stated in the 126
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option. 127
(G) In lieu of keeping the six separate sets of records 130
required in divisions (A) to (F) of this section and the records 132
required in division (H) of this section, a county recorder may 133
record all the instruments required to be recorded by this 134
section in two separate sets of record books. One set shall be 135
called the "official records" and shall contain the instruments 136
listed in divisions (A), (B), (C), (E), (F), and (H) of this 138
section. The second set of records shall contain the instruments 139
listed in division (D) of this section. 140
(H) Except as provided in division (G) of this section, 143
the county recorder shall keep a separate set of records
containing all corrupt activity lien notices filed with the 144
recorder pursuant to section 2923.36 of the Revised Code and a 145
separate set of records containing all medicaid fraud lien 146
notices filed with the recorder pursuant to section 2933.75 of 147
the Revised Code. 148
Sec. 1507.071. (A) A BOARD OF COUNTY COMMISSIONERS MAY 151
USE A LOAN OBTAINED UNDER DIVISION (C) OF THIS SECTION TO PROVIDE 152
FINANCIAL ASSISTANCE TO ANY PERSON WHO OWNS REAL PROPERTY IN A 153
COASTAL EROSION AREA, AS DEFINED IN SECTION 1506.01 OF THE 155
REVISED CODE, AND WHO HAS RECEIVED A PERMIT UNDER SECTION 1507.04 157
OF THE REVISED CODE TO CONSTRUCT AN EROSION CONTROL STRUCTURE IN 160
THAT COASTAL EROSION AREA. THE BOARD SHALL ENTER INTO AN
AGREEMENT WITH THE PERSON THAT COMPLIES WITH ALL OF THE FOLLOWING 162
REQUIREMENTS: 163
(1) THE AGREEMENT SHALL IDENTIFY THE PERSON'S REAL 165
PROPERTY FOR WHICH THE EROSION CONTROL STRUCTURE IS BEING 166
CONSTRUCTED AND SHALL INCLUDE A LEGAL DESCRIPTION OF THAT 167
PROPERTY AND A REFERENCE TO THE VOLUME AND PAGE OF THE DEED 168
RECORD IN WHICH THE TITLE OF THAT PERSON TO THAT PROPERTY IS
RECORDED.
(2) IN ACCORDANCE WITH RULES ADOPTED BY THE OHIO WATER 171
DEVELOPMENT AUTHORITY UNDER DIVISION (V) OF SECTION 6121.04 OF 173
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THE REVISED CODE FOR THE PURPOSES OF DIVISION (C) OF THIS SECTION 176
AND PURSUANT TO AN AGREEMENT BETWEEN THE BOARD AND THE AUTHORITY 177
UNDER THAT DIVISION, THE BOARD SHALL AGREE TO CAUSE PAYMENTS TO 178
BE MADE BY THE AUTHORITY TO THE CONTRACTOR HIRED BY THE PERSON TO 180
CONSTRUCT AN EROSION CONTROL STRUCTURE IN AMOUNTS NOT TO EXCEED 181
THE TOTAL AMOUNT SPECIFIED IN THE AGREEMENT BETWEEN THE BOARD AND 182
THE PERSON.
(3) THE PERSON SHALL AGREE TO PAY TO THE BOARD, OR TO THE 184
AUTHORITY AS THE ASSIGNEE PURSUANT TO DIVISION (C) OF THIS 185
SECTION, THE TOTAL AMOUNT OF THE PAYMENTS PLUS ADMINISTRATIVE OR 186
OTHER COSTS OF THE BOARD OR THE AUTHORITY AT TIMES, IN 187
INSTALLMENTS, AND BEARING INTEREST AS SPECIFIED IN THE AGREEMENT. 188
THE AGREEMENT MAY CONTAIN ADDITIONAL PROVISIONS THAT THE 190
BOARD DETERMINES NECESSARY TO SAFEGUARD THE INTERESTS OF THE 191
COUNTY OR TO COMPLY WITH AN AGREEMENT ENTERED INTO UNDER DIVISION 192
(C) OF THIS SECTION.
(B) UPON ENTERING INTO AN AGREEMENT UNDER DIVISION (A) OF 195
THIS SECTION, THE BOARD SHALL DO ALL OF THE FOLLOWING: 196
(1) CAUSE THE AGREEMENT TO BE RECORDED IN THE COUNTY DEED 198
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY IN 199
WHICH THE REAL PROPERTY IS SITUATED. FAILURE TO RECORD THE 200
AGREEMENT DOES NOT AFFECT THE VALIDITY OF THE AGREEMENT OR THE 201
COLLECTION OF ANY AMOUNTS DUE UNDER THE AGREEMENT. 202
(2) ESTABLISH BY RESOLUTION AN EROSION CONTROL REPAYMENT 205
FUND INTO WHICH SHALL BE DEPOSITED ALL AMOUNTS COLLECTED UNDER 206
DIVISION (B)(3) OF THIS SECTION. MONEYS IN THAT FUND SHALL BE 207
USED BY THE BOARD FOR THE REPAYMENT OF THE LOAN AND FOR 208
ADMINISTRATIVE OR OTHER COSTS OF THE BOARD OR THE AUTHORITY AS 209
SPECIFIED IN AN AGREEMENT ENTERED INTO UNDER DIVISION (C) OF THIS 211
SECTION. IF THE AMOUNT OF MONEY IN THE FUND IS INADEQUATE TO
REPAY THE LOAN WHEN DUE, THE BOARD OF COUNTY COMMISSIONERS, BY 212
RESOLUTION, MAY ADVANCE MONEY FROM ANY OTHER FUND IN ORDER TO 213
REPAY THE LOAN IF THAT USE OF THE MONEY FROM THE OTHER FUND IS 214
NOT IN CONFLICT WITH LAW. IF THE BOARD SO ADVANCES MONEY IN 215
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ORDER TO REPAY THE LOAN, THE BOARD SUBSEQUENTLY SHALL REIMBURSE 216
EACH FUND FROM WHICH THE BOARD ADVANCES MONEY WITH MONEYS FROM 217
THE EROSION CONTROL REPAYMENT FUND.
(3) BILL AND COLLECT ALL AMOUNTS WHEN DUE UNDER THE 220
AGREEMENT ENTERED INTO UNDER DIVISION (A) OF THIS SECTION. THE 221
BOARD SHALL CERTIFY AMOUNTS NOT PAID WHEN DUE TO THE COUNTY 222
AUDITOR, WHO SHALL ENTER THE AMOUNTS ON THE REAL PROPERTY TAX 223
LIST AND DUPLICATE AGAINST THE PROPERTY IDENTIFIED UNDER DIVISION 224
(A)(1) OF THIS SECTION. THE AMOUNTS NOT PAID WHEN DUE SHALL BE A 225
LIEN ON THAT PROPERTY FROM THE DATE ON WHICH THE AMOUNTS ARE 226
PLACED ON THE TAX LIST AND DUPLICATE AND SHALL BE COLLECTED IN
THE SAME MANNER AS OTHER TAXES. 227
(C) A BOARD MAY APPLY TO THE AUTHORITY FOR A LOAN FOR THE 229
PURPOSE OF ENTERING INTO AGREEMENTS UNDER DIVISION (A) OF THIS 230
SECTION. THE LOAN SHALL BE FOR AN AMOUNT AND ON THE TERMS 231
ESTABLISHED IN AN AGREEMENT BETWEEN THE BOARD AND THE AUTHORITY. 232
THE BOARD MAY ASSIGN ANY AGREEMENTS ENTERED INTO UNDER DIVISION 233
(A) OF THIS SECTION TO THE AUTHORITY IN ORDER TO PROVIDE FOR THE 234
REPAYMENT OF THE LOAN AND MAY PLEDGE ANY LAWFULLY AVAILABLE 235
REVENUES TO THE REPAYMENT OF THE LOAN, PROVIDED THAT NO MONEYS 236
RAISED BY TAXATION SHALL BE OBLIGATED OR PLEDGED BY THE BOARD FOR 237
THE REPAYMENT OF THE LOAN. ANY AGREEMENT WITH THE AUTHORITY
PURSUANT TO THIS DIVISION IS NOT SUBJECT TO CHAPTER 133. OF THE 238
REVISED CODE OR ANY REQUIREMENTS OR LIMITATIONS ESTABLISHED IN 239
THAT CHAPTER.
(D) THE AUTHORITY, AS ASSIGNEE OF ANY AGREEMENT PURSUANT 242
TO DIVISION (C) OF THIS SECTION, MAY ENFORCE AND COMPEL THE BOARD 244
AND THE COUNTY AUDITOR BY MANDAMUS PURSUANT TO CHAPTER 2731. OF 245
THE REVISED CODE TO COMPLY WITH DIVISION (B) OF THIS SECTION IN A 247
TIMELY MANNER.
(E) THE CONSTRUCTION OF AN EROSION CONTROL STRUCTURE BY A 249
CONTRACTOR HIRED BY A PERSON WHO ENTERS INTO AN AGREEMENT WITH A 250
BOARD UNDER DIVISION (A) OF THIS SECTION IS NOT A PUBLIC 251
IMPROVEMENT, AS DEFINED IN SECTION 4115.03 OF THE REVISED CODE, 252
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AND IS NOT SUBJECT TO COMPETITIVE BIDDING OR PUBLIC BOND LAWS. 253
Sec. 6121.01. As used in this chapter: 262
(A) "Beneficial use" means a use of water, including the 264
method of diversion, storage, transportation, treatment, and 265
application, that is reasonable and consistent with the public 266
interest in the proper utilization of water resources, including, 267
without limitation, domestic, agricultural, industrial, power, 268
municipal, navigational, fish and wildlife, and recreational
uses.
(B) "Governmental agencies" means departments, divisions, 270
or other units of state government, watershed districts, soil and 271
water conservation districts, municipal corporations, counties, 272
townships, and other political subdivisions, special water 273
districts, including county and regional sewer and water
districts, conservancy districts, sanitary districts, sewer 274
districts, or any other public corporation or agency having the 275
authority to acquire, construct, or operate waste water or water 276
management facilities, the United States or any agency thereof, 277
and any agency, commission, or authority established pursuant to 278
an interstate compact or agreement.
(C) "Person" means any individual, firm, partnership, 280
association, or corporation, or two or more or any combination 281
thereof.
(D) "Waters of the state" means all streams, lakes, ponds, 283
marshes, watercourses, waterways, wells, springs, irrigation 284
systems, drainage systems, and other bodies or accumulations of 285
water, surface and underground, natural or artificial, that are 286
situated wholly or partly within, or border upon, this state or 287
are within its jurisdiction, except those private waters that do
not combine or effect a junction with natural surface or 288
underground waters.
(E) "Water resources" means all waters of the state 290
occurring on the surface in natural or artificial channels, 291
lakes, reservoirs, or impoundments, and underground in subsurface 292
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aquifers, that are available or may be made available to 293
agricultural, industrial, commercial, recreational, public, and
domestic users. 294
(F) "Project" or "water development project" means either 296
of the following:
(1) Any waste water facility or water management facility, 298
including undivided or other interests therein, acquired or 299
constructed or to be acquired or constructed by the Ohio water 300
development authority under this chapter, or acquired or 301
constructed or to be acquired or constructed by a governmental 302
agency or person with all or a portion of the cost thereof being 303
paid from a loan or grant from the authority under this chapter, 304
including all buildings and facilities that the authority 305
considers necessary for the operation of the project, together 306
with all property, rights, easements, and interest that may be 307
required for the operation of the project;
(2) Any project or activity qualifying for financial 309
assistance under section 6109.22, 6111.036, or 6111.037 of the 310
Revised Code.
(G) "Pollution" means the placing of any noxious or 312
deleterious substances in any waters of the state or otherwise 313
affecting the waters or properties of any waters of the state, 314
including the temperature or radioactivity thereof, in a manner 315
that is or renders the waters harmful or inimical to the public
health, to animal or aquatic life, or to the use of the waters 316
for domestic water supply, industrial, or agricultural purposes 317
or recreation.
(H) "Sewage" means any substance that contains any of the 319
waste products or excrementitious or other discharge from the 320
bodies of human beings or animals and that pollutes the waters of 321
the state or that in the absence of a waste water facility would 322
pollute or cause greater pollution of the waters of the state. 323
(I) "Industrial waste" means any liquid, gaseous, or solid 325
waste substance, heat, radioactivity, or radiation, resulting 326
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from any process of industry, manufacture, trade, or business, or 327
from the development, processing, or recovery of any natural 328
resource, together with such sewage as is present, that pollutes 329
the waters of the state or that in the absence of a waste water
facility would pollute or cause greater pollution of the waters 330
of the state.
(J) "Waste water" means any water containing sewage or 332
industrial waste or other pollutants or contaminants derived from 333
the prior use of the water.
(K) "Waste water facilities" means facilities, property, 335
or the modification or replacement of property for the purpose of 337
treating, neutralizing, disposing of, stabilizing, dispersing,
cooling, segregating, or holding waste water, or for the removal, 338
reduction, containment, alteration, storage, or disposal of 339
sewage or industrial waste or substances containing sewage or 340
industrial waste, or for the prevention or reduction, or 341
reduction of the concentration, of pollution of the waters of the 342
state, including, without limitation, facilities for the 343
withdrawal of waters of the state, facilities for the treatment 344
and disposal of sewage or industrial waste and the residue 345
thereof, facilities for the temporary or permanent impoundment of 346
waste water, both surface and underground, and sanitary sewers 347
and other systems, whether on the surface or underground, 348
designed to transport waste water together with the equipment and 349
furnishings thereof and their appurtenances and systems, whether 350
on the surface or underground, including force mains and pumping 351
facilities therefor when necessary, and facilities or 352
expenditures that qualify as water pollution control facilities 353
under Section 103(C) (4) (F) of the Internal Revenue Code of 354
1954, as amended, and regulations adopted thereunder, and also 355
includes any property or system to be used in whole or in part 356
for any of the foregoing purposes, whether or not another purpose 357
is also IS served, and any property or system incidental to or 359
that has to do with or the end purpose of which is any of the
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foregoing. Waste water facilities as defined in this division 360
for industry, commerce, distribution, or research, including 361
public utility companies, are hereby determined to be those that 362
qualify as facilities for the control of water pollution and 363
thermal pollution related to water under Section 13 of Article 364
VIII, Ohio Constitution.
(L) "Water management facilities" means facilities for the 366
development, use, and protection of water resources, including, 367
without limitation, facilities for water supply, facilities for 368
stream flow improvement, dams, reservoirs, and other 369
impoundments, water transmission lines, water wells and well 370
fields, pumping stations and works for underground water 371
recharge, facilities for the management and treatment of storm 372
water, stream monitoring systems, facilities for the 373
stabilization of stream and river banks AND COASTAL EROSION 374
AREAS, AS DEFINED IN SECTION 1506.01 OF THE REVISED CODE, and 375
facilities for the treatment of streams and rivers, including, 376
without limitation, facilities for the removal of oil, debris, 377
and other solid waste from the waters of the state and stream and 378
river aeration facilities.
(M) "Cost" as applied to A water development project means 380
the cost of acquisition and construction, the cost of acquisition 381
of all land, rights-of-way, property rights, easements, franchise 382
rights, and interests required for that acquisition and 383
construction, the cost of demolishing or removing any buildings 384
or structures on land so acquired, including the cost of 385
acquiring any lands to which the buildings or structures may be 387
moved, the cost of acquiring or constructing and equipping a
principal office and sub-offices of the authority, the cost of 388
diverting highways, interchange of highways, or access roads to 389
private property, including the cost of land or easements 390
therefor, the cost of all machinery, furnishings, and equipment, 391
financing charges, interest prior to and during construction and 392
for no more than eighteen months after completion of 393
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construction, engineering costs, expenses of research and 394
development with respect to waste water or water management 395
facilities, legal expenses, the cost of plans, specifications, 396
and surveys, estimates of cost and revenues, working capital, 397
other expenses necessary or incident to determining the 398
feasibility or practicability of acquiring or constructing any 399
such project, administrative expense, and such other expense as 401
THAT may be necessary or incident to the acquisition or
construction of the project, the financing of the acquisition or 404
construction including the amount authorized in the resolution of 405
the authority providing for the issuance of water development 406
revenue bonds to be paid into any special funds from the proceeds 407
of the bonds, and the financing of the placing of any such
project in operation. Any obligation, cost, or expense incurred 408
by any governmental agency or person for surveys, borings, 409
preparation of plans and specifications, and other engineering 410
services, or any other costs described above, in connection with 411
the acquisition or construction of a project may be regarded as a 412
part of the cost of the project and may be reimbursed out of the
proceeds of water development revenue bonds as authorized by this 413
chapter.
(N) "Owner" includes all individuals, copartnerships, 415
associations, corporations, or governmental agencies having any 416
title or interest in any property rights, easements, and 417
interests authorized to be acquired by this chapter. 418
(O) "Revenues" means all rentals and other charges for the 420
use or services of any water development project, any gift or 421
grant received with respect thereto, including, without 422
limitation, any moneys received by the authority pursuant to an 423
agreement entered into under section 6109.22, 6111.036, or
6111.037 of the Revised Code, any moneys received with respect to 424
the lease, sublease, sale, including installment sale or 425
conditional sale, or other disposition of a project, moneys 426
received in repayment of and for interest on any loan made by the 427
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authority to a person or governmental agency, whether from the 428
United States or a department, administration, or agency thereof,
or otherwise, proceeds of bonds to the extent that use thereof 429
for payment of principal of, premium if any, or interest on the 430
bonds is authorized by the authority, proceeds from any 431
insurance, condemnation, or guaranty pertaining to a project or 432
property mortgaged to secure bonds or pertaining to the financing 433
of the project, and income and profit from the investment of the
proceeds of water development revenue bonds or of any revenues. 434
(P) "Public roads" includes all public highways, roads, 436
and streets in the state whether maintained by the state, OR A 437
county, municipal corporation, township, or other political 439
subdivision.
(Q) "Public utility facilities" includes tracks, pipes, 441
mains, conduits, cables, wires, towers, poles, and other 442
equipment and appliances of any public utility. 443
(R) "Construction," unless the context indicates a 445
different meaning or intent, includes reconstruction, 446
enlargement, improvement, or providing furnishings or equipment. 447
(S) "Water development revenue bonds," unless the context 449
indicates a different meaning or intent, includes water 450
development revenue notes, water development revenue renewal 451
notes, and water development revenue refunding bonds, except that 452
notes issued in anticipation of the issuance of bonds shall have 453
a maximum maturity of five years as provided in section 6121.06
of the Revised Code and notes or renewal notes issued as the 454
definitive obligation may be issued maturing at such THE time or 455
times as THAT the authority determines with a maximum maturity of 457
forty years from the date of issuance of the original note. 458
Sec. 6121.04. The Ohio water development authority may do 467
any or all of the following: 468
(A) Adopt bylaws for the regulation of its affairs and the 470
conduct of its business; 471
(B) Adopt an official seal; 473
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(C) Maintain a principal office and suboffices at places 475
within the state that it designates; 476
(D) Sue and plead in its own name, and be sued and 478
impleaded in its own name with respect to its contracts or torts 480
of its members, employees, or agents acting within the scope of 481
their employment, or to enforce its obligations and covenants 482
made under sections 6121.06, 6121.08, and 6121.13 of the Revised
Code. Any such actions against the authority shall be brought in 483
the court of common pleas of the county in which the principal 484
office of the authority is located or in the court of common 485
pleas of the county in which the cause of action arose, provided 486
that the county is located within this state, and all summonses, 487
exceptions, and notices of every kind shall be served on the
authority by leaving a copy thereof at the principal office with 488
the person in charge thereof or with the secretary-treasurer of 489
the authority.
(E) Make loans and grants to governmental agencies for the 491
acquisition or construction of water development projects by any 492
such governmental agency and adopt rules and procedures for 493
making such loans and grants;
(F) Acquire, construct, reconstruct, enlarge, improve, 495
furnish, equip, maintain, repair, operate, or lease or rent to, 496
or contract for operation by, a governmental agency or person, 497
water development projects, and establish rules for the use of 498
such THOSE projects;
(G) Make available the use or services of any water 500
development project to one or more persons, one or more 501
governmental agencies, or any combination thereof; 502
(H) Issue water development revenue bonds and notes and 504
water development revenue refunding bonds of the state, payable 505
solely from revenues as provided in section 6121.06 of the 506
Revised Code, unless the bonds are refunded by refunding bonds, 507
for the purpose of paying any part of the cost of one or more
water development projects or parts thereof; 508
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(I) Acquire by gift or purchase, hold, and dispose of real 510
and personal property in the exercise of its powers and the 511
performance of its duties under this chapter; 512
(J) Acquire, in the name of the state, by purchase or 514
otherwise, on such terms and in such THE manner as THAT it 516
considers proper, or by the exercise of the right of condemnation 518
in the manner provided by section 6121.18 of the Revised Code, 519
such public or private lands, including public parks,
playgrounds, or reservations, or parts thereof or rights therein, 521
rights-of-way, property, rights, easements, and interests as THAT 522
it considers necessary for carrying out this chapter, but 524
excluding the acquisition by the exercise of the right of
condemnation of any waste water facility or water management 525
facility owned by any person or governmental agency, and 526
compensation shall be paid for public or private lands so taken, 527
except that a government-owned waste water facility may be 528
appropriated in accordance with section 6121.041 of the Revised
Code;
(K) Adopt rules to protect augmented flow in waters of the 530
state, to the extent augmented by a water development project, 531
from depletion so it will be available for beneficial use, and to 532
provide standards for the withdrawal from waters of the state of 533
the augmented flow created by a water development project that is 534
not returned to the waters of the state so augmented and to
establish reasonable charges therefor if considered necessary by 535
the authority; 536
(L) Make and enter into all contracts and agreements and 538
execute all instruments necessary or incidental to the 539
performance of its duties and the execution of its powers under 540
this chapter in accordance with the following requirements: 541
(1) When the cost under any such contract or agreement, 543
other than compensation for personal services, involves an 544
expenditure of more than ten thousand dollars, the authority 545
shall make a written contract with the lowest responsive and 546
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responsible bidder, in accordance with section 9.312 of the
Revised Code, after advertisement for not less than two 547
consecutive weeks in a newspaper of general circulation in 548
Franklin county, and in such other publications as THAT the 549
authority determines, which shall state the general character of 551
the work and the general character of the materials to be
furnished, the place where plans and specifications therefor may 552
be examined, and the time and place of receiving bids, provided 553
that a contract or lease for the operation of a water development 554
project constructed and owned by the authority or an agreement 555
for cooperation in the acquisition or construction of a water 556
development project pursuant to section 6121.13 of the Revised
Code or any contract for the construction of a water development 557
project that is to be leased by the authority to, and operated 558
by, persons who are not governmental agencies and the cost of the 559
project is to be amortized exclusively from rentals or other 560
charges paid to the authority by persons who are not governmental 561
agencies is not subject to the foregoing requirements and the 562
authority may enter into such a contract or lease or such an
agreement pursuant to negotiation and upon such terms and 563
conditions and for such THE period as THAT it finds to be 566
reasonable and proper in the circumstances and in the best 567
interests of proper operation or of efficient acquisition or 568
construction of the project. 569
(2) Each bid for a contract for the construction, 571
demolition, alteration, repair, or reconstruction of an 572
improvement shall contain the full name of every person 573
interested in it and shall meet the requirements of section
153.54 of the Revised Code. 574
(3) Each bid for a contract except as provided in division 576
(L)(2) of this section shall contain the full name of every 577
person or company interested in it and shall be accompanied by a 578
sufficient bond or certified check on a solvent bank that if the 579
bid is accepted, a contract will be entered into and the 580
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performance thereof secured.
(4) The authority may reject any and all bids. 582
(5) A bond with good and sufficient surety, approved by 584
the authority, shall be required of every contractor awarded a 585
contract except as provided in division (L)(2) of this section, 586
in an amount equal to at least fifty per cent of the contract 587
price, conditioned upon the faithful performance of the contract. 588
(M) Employ managers, superintendents, and other employees 590
and retain or contract with consulting engineers, financial 591
consultants, accounting experts, architects, attorneys, and other 592
consultants and independent contractors as THAT are necessary in 594
its judgment to carry out this chapter, and fix the compensation 595
thereof. All expenses thereof shall be payable solely from the
proceeds of water development revenue bonds or notes issued under 596
this chapter, from revenues, or from funds appropriated for that 597
purpose by the general assembly. 598
(N) Receive and accept from any federal agency, subject to 600
the approval of the governor, grants for or in aid of the 601
construction of any water development project or for research and 602
development with respect to waste water or water management 603
facilities, and receive and accept aid or contributions from any 604
source of money, property, labor, or other things of value, to be 605
held, used, and applied only for the purposes for which the
grants and contributions are made; 606
(O) Engage in research and development with respect to 608
waste water or water management facilities; 609
(P) Purchase fire and extended coverage and liability 611
insurance for any water development project and for the principal 612
office and suboffices of the authority, insurance protecting the 613
authority and its officers and employees against liability for 614
damage to property or injury to or death of persons arising from 615
its operations, and any other insurance the authority may agree
to provide under any resolution authorizing its water development 616
revenue bonds or in any trust agreement securing the same; 617
17
(Q) Charge, alter, and collect rentals and other charges 619
for the use or services of any water development project as 620
provided in section 6121.13 of the Revised Code; 621
(R) Provide coverage for its employees under sections 623
4123.01 to 4123.94, 4141.01 to 4141.46, and 145.01 to 145.58 AND 624
CHAPTERS 4123. AND 4141. of the Revised Code; 625
(S) Assist in the implementation and administration of the 627
drinking water assistance fund and program created in section 628
6109.22 of the Revised Code and the water pollution control loan 629
fund and program created in section 6111.036 of the Revised Code, 630
including, without limitation, performing or providing fiscal 631
management for the funds and investing and disbursing moneys in
the funds, and enter into all necessary and appropriate 632
agreements with the director of environmental protection for 633
those purposes;
(T) Issue water development revenue bonds and notes of the 635
state in principal amounts that are necessary for the purpose of 636
raising moneys for the sole benefit of the water pollution 637
control loan fund created in section 6111.036 of the Revised 638
Code, including moneys to meet the requirement for providing
matching moneys under division (D) of that section. The bonds 639
and notes may be secured by appropriate trust agreements and 640
repaid from moneys credited to the fund from payments of 641
principal and interest on loans made from the fund, as provided 642
in division (F) of section 6111.036 of the Revised Code.
(U) Issue water development revenue bonds and notes of the 644
state in principal amounts that are necessary for the purpose of 645
raising moneys for the sole benefit of the drinking water 646
assistance fund created in section 6109.22 of the Revised Code, 647
including moneys to meet the requirement for providing matching 648
moneys under divisions (B) and (F) of that section. The bonds
and notes may be secured by appropriate trust agreements and 649
repaid from moneys credited to the fund from payments of 650
principal and interest on loans made from the fund, as provided 651
18
in division (F) of section 6109.22 of the Revised Code. 652
(V) MAKE LOANS TO AND ENTER INTO AGREEMENTS WITH BOARDS OF 654
COUNTY COMMISSIONERS FOR THE PURPOSES OF SECTION 1507.071 OF THE 655
REVISED CODE AND ADOPT RULES ESTABLISHING REQUIREMENTS AND 656
PROCEDURES FOR MAKING THE LOANS AND ENTERING INTO THE AGREEMENTS; 657
(W) Do all acts necessary or proper to carry out the 659
powers expressly granted in this chapter. 661
Sec. 6121.061. The Ohio water development authority shall 670
not issue any bonds or otherwise participate in any project 671
authorized by this chapter or Chapter 6123. of the Revised Code 672
unless the contract, resolution, or other written document 673
setting forth the board's participation specifies that all wages 674
paid to laborers and mechanics employed on such THE projects 675
shall be paid at the prevailing rates of wages of laborers and 677
mechanics for the class of work called for by the project, which 678
wages shall be determined in accordance with the requirements of 679
Chapter 4115. of the Revised Code for determination of prevailing 681
wage rates, provided that the requirements of this section do not 682
apply TO LOANS MADE TO BOARDS OF COUNTY COMMISSIONERS UNDER
DIVISION (V) OF SECTION 6121.04 OF THE REVISED CODE OR where the 683
federal government or any of its agencies furnishes by loan or 685
grant all or any part of the funds used in connection with such 686
THE project and prescribes predetermined minimum wages to be paid 687
to such THE laborers and mechanics;, and provided further that 688
should IF a non-public user beneficiary of the project undertake 690
UNDERTAKES, as part of the project, construction to be performed 692
by its regular bargaining unit employees who are covered under a 693
collective bargaining agreement which THAT was in existence prior 694
to the date of the commitment instrument setting forth the 695
board's participation, then, in that event, the rate of pay 696
provided under the collective bargaining agreement may be paid to 697
such THOSE employees. 698
Section 2. That existing sections 317.08, 6121.01, 700
6121.04, and 6121.061 of the Revised Code are hereby repealed. 701