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           

                                                          2      

                                                                 
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           

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
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          

                                                          7      

                                                                 
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          

                                                          8      

                                                                 
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          

                                                          9      

                                                                 
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                   

                                                          10     

                                                                 
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          

                                                          11     

                                                                 
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          

                                                          12     

                                                                 
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          

                                                          13     

                                                                 
      (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          

                                                          14     

                                                                 
      (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          

                                                          15     

                                                                 
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          

                                                          16     

                                                                 
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