As Reported by the Senate Finance and Financial 1
Institutions Committee 2
123rd General Assembly 5
Regular Session S. B. No. 43 6
1999-2000 7
SENATORS GARDNER-PRENTISS-ARMBRUSTER-BRADY-LATTA-MUMPER- 9
KEARNS-RAY 10
_________________________________________________________________ 12
A B I L L
To amend sections 317.08, 6121.01, 6121.04, and 14
6121.061 and to enact section 1507.071 of the 16
Revised Code to create a coastal erosion loan
program to provide financial assistance to 17
property owners for the construction of erosion
control structures in coastal erosion areas. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That sections 317.08, 6121.01, 6121.04, and 21
6121.061 be amended and section 1507.071 of the Revised Code be 22
enacted to read as follows:
Sec. 317.08. Except as provided in division (F) of this 31
section, the county recorder shall keep six separate sets of 33
records as follows:
(A) A record of deeds, in which shall be recorded all 35
deeds and other instruments of writing for the absolute and 36
unconditional sale or conveyance of lands, tenements, and 37
hereditaments; all notices as provided for in sections 5301.47 to 38
5301.56 of the Revised Code; all judgments or decrees in actions 39
brought under section 5303.01 of the Revised Code; all 40
declarations and bylaws as provided for in Chapter 5311. of the 41
Revised Code; affidavits as provided for in section 5301.252 of 42
the Revised Code; all certificates as provided for in section 43
5311.17 of the Revised Code; all articles dedicating 44
archaeological preserves accepted by the director of the Ohio 45
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historical society under section 149.52 of the Revised Code; all 46
articles dedicating nature preserves accepted by the director of 47
natural resources under section 1517.05 of the Revised Code; all 48
agreements for the registration of lands as archaeological or 49
historic landmarks under section 149.51 or 149.55 of the Revised 50
Code; all conveyances of conservation easements under section 51
5301.68 of the Revised Code; all instruments or orders described 52
in division (B)(1)(c)(ii) of section 5301.56 of the Revised Code; 53
all no further action letters issued under section 3746.11 of the 54
Revised Code; all covenants not to sue issued under section 55
3746.12 of the Revised Code; any restrictions on the use of 56
property identified pursuant to division (C)(3) of section 57
3746.10 of the Revised Code; and all memoranda of trust, as 58
described in division (A) of section 5301.255 of the Revised 59
Code, that describe specific real property; AND ALL AGREEMENTS 60
ENTERED INTO UNDER DIVISION (A) OF SECTION 1507.071 OF THE 61
REVISED CODE;
(B) A record of mortgages, in which shall be recorded all 63
of the following: 64
(1) All mortgages, including amendments, supplements, 66
modifications, and extensions of mortgages, or other instruments 67
of writing by which lands, tenements, or hereditaments are or may 68
be mortgaged or otherwise conditionally sold, conveyed, affected, 69
or encumbered; 70
(2) All executory installment contracts for the sale of 72
land executed after September 29, 1961, that by their terms are 73
not required to be fully performed by one or more of the parties 74
to them within one year of the date of the contracts; 75
(3) All options to purchase real estate, including 77
supplements, modifications, and amendments of the options, but no 78
option of that nature shall be recorded if it does not state a 79
specific day and year of expiration of its validity; 80
(4) Any tax certificate sold under section 5721.33 of the 82
Revised Code, or memorandum thereof, that is presented for filing 83
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of record.
(C) A record of powers of attorney, including all 85
memoranda of trust, as described in division (A) of section 86
5301.255 of the Revised Code, that do not describe specific real 87
property; 88
(D) A record of plats, in which shall be recorded all 90
plats and maps of town lots, of the subdivision of town lots, and 91
of other divisions or surveys of lands, any center line survey of 92
a highway located within the county, the plat of which shall be 93
furnished by the director of transportation or county engineer, 94
and all drawings as provided for in Chapter 5311. of the Revised 95
Code; 96
(E) A record of leases, in which shall be recorded all 98
leases, memoranda of leases, and supplements, modifications, and 99
amendments of leases and memoranda of leases; 100
(F) A record of declarations executed pursuant to section 103
2133.02 of the Revised Code and durable powers of attorney for 105
health care executed pursuant to section 1337.12 of the Revised 106
Code. 107
All instruments or memoranda of instruments entitled to 109
record shall be recorded in the proper record in the order in 110
which they are presented for record. The recorder may index, 111
keep, and record in one volume unemployment compensation liens, 112
internal revenue tax liens and other liens in favor of the United 113
States as described in division (A) of section 317.09 of the 114
Revised Code, personal tax liens, mechanic's liens, agricultural 115
product liens, notices of liens, certificates of satisfaction or 116
partial release of estate tax liens, discharges of recognizances, 117
excise and franchise tax liens on corporations, broker's liens, 118
and liens provided for in sections 1513.33, 1513.37, 3752.13, 120
5111.021, and 5311.18 of the Revised Code. 122
The recording of an option to purchase real estate, 124
including any supplement, modification, and amendment of the 125
option, under this section shall serve as notice to any purchaser 126
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of an interest in the real estate covered by the option only 127
during the period of the validity of the option as stated in the 128
option. 129
(G) In lieu of keeping the six separate sets of records 132
required in divisions (A) to (F) of this section and the records 134
required in division (H) of this section, a county recorder may 135
record all the instruments required to be recorded by this 136
section in two separate sets of record books. One set shall be 137
called the "official records" and shall contain the instruments 138
listed in divisions (A), (B), (C), (E), (F), and (H) of this 140
section. The second set of records shall contain the instruments 141
listed in division (D) of this section. 142
(H) Except as provided in division (G) of this section, 145
the county recorder shall keep a separate set of records
containing all corrupt activity lien notices filed with the 146
recorder pursuant to section 2923.36 of the Revised Code and a 147
separate set of records containing all medicaid fraud lien 148
notices filed with the recorder pursuant to section 2933.75 of 149
the Revised Code. 150
Sec. 1507.071. (A) A BOARD OF COUNTY COMMISSIONERS MAY 153
USE A LOAN OBTAINED UNDER DIVISION (C) OF THIS SECTION TO PROVIDE 154
FINANCIAL ASSISTANCE TO ANY PERSON WHO OWNS REAL PROPERTY IN A 155
COASTAL EROSION AREA, AS DEFINED IN SECTION 1506.01 OF THE 157
REVISED CODE, AND WHO HAS RECEIVED A PERMIT UNDER SECTION 1507.04 159
OF THE REVISED CODE TO CONSTRUCT AN EROSION CONTROL STRUCTURE IN 162
THAT COASTAL EROSION AREA. THE BOARD SHALL ENTER INTO AN
AGREEMENT WITH THE PERSON THAT COMPLIES WITH ALL OF THE FOLLOWING 164
REQUIREMENTS: 165
(1) THE AGREEMENT SHALL IDENTIFY THE PERSON'S REAL 167
PROPERTY FOR WHICH THE EROSION CONTROL STRUCTURE IS BEING 168
CONSTRUCTED AND SHALL INCLUDE A LEGAL DESCRIPTION OF THAT 169
PROPERTY AND A REFERENCE TO THE VOLUME AND PAGE OF THE DEED 170
RECORD IN WHICH THE TITLE OF THAT PERSON TO THAT PROPERTY IS
RECORDED.
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(2) IN ACCORDANCE WITH RULES ADOPTED BY THE OHIO WATER 173
DEVELOPMENT AUTHORITY UNDER DIVISION (V) OF SECTION 6121.04 OF 175
THE REVISED CODE FOR THE PURPOSES OF DIVISION (C) OF THIS SECTION 178
AND PURSUANT TO AN AGREEMENT BETWEEN THE BOARD AND THE AUTHORITY 179
UNDER THAT DIVISION, THE BOARD SHALL AGREE TO CAUSE PAYMENTS TO 180
BE MADE BY THE AUTHORITY TO THE CONTRACTOR HIRED BY THE PERSON TO 182
CONSTRUCT AN EROSION CONTROL STRUCTURE IN AMOUNTS NOT TO EXCEED 183
THE TOTAL AMOUNT SPECIFIED IN THE AGREEMENT BETWEEN THE BOARD AND 184
THE PERSON.
(3) THE PERSON SHALL AGREE TO PAY TO THE BOARD, OR TO THE 186
AUTHORITY AS THE ASSIGNEE PURSUANT TO DIVISION (C) OF THIS 187
SECTION, THE TOTAL AMOUNT OF THE PAYMENTS PLUS ADMINISTRATIVE OR 188
OTHER COSTS OF THE BOARD OR THE AUTHORITY AT TIMES, IN 189
INSTALLMENTS, AND BEARING INTEREST AS SPECIFIED IN THE AGREEMENT. 190
THE AGREEMENT MAY CONTAIN ADDITIONAL PROVISIONS THAT THE 192
BOARD DETERMINES NECESSARY TO SAFEGUARD THE INTERESTS OF THE 193
COUNTY OR TO COMPLY WITH AN AGREEMENT ENTERED INTO UNDER DIVISION 194
(C) OF THIS SECTION.
(B) UPON ENTERING INTO AN AGREEMENT UNDER DIVISION (A) OF 197
THIS SECTION, THE BOARD SHALL DO ALL OF THE FOLLOWING: 198
(1) CAUSE THE AGREEMENT TO BE RECORDED IN THE COUNTY DEED 200
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY IN 201
WHICH THE REAL PROPERTY IS SITUATED. FAILURE TO RECORD THE 202
AGREEMENT DOES NOT AFFECT THE VALIDITY OF THE AGREEMENT OR THE 203
COLLECTION OF ANY AMOUNTS DUE UNDER THE AGREEMENT. 204
(2) ESTABLISH BY RESOLUTION AN EROSION CONTROL REPAYMENT 207
FUND INTO WHICH SHALL BE DEPOSITED ALL AMOUNTS COLLECTED UNDER 208
DIVISION (B)(3) OF THIS SECTION. MONEYS IN THAT FUND SHALL BE 209
USED BY THE BOARD FOR THE REPAYMENT OF THE LOAN AND FOR 210
ADMINISTRATIVE OR OTHER COSTS OF THE BOARD OR THE AUTHORITY AS 211
SPECIFIED IN AN AGREEMENT ENTERED INTO UNDER DIVISION (C) OF THIS 213
SECTION. IF THE AMOUNT OF MONEY IN THE FUND IS INADEQUATE TO
REPAY THE LOAN WHEN DUE, THE BOARD OF COUNTY COMMISSIONERS, BY 214
RESOLUTION, MAY ADVANCE MONEY FROM ANY OTHER FUND IN ORDER TO 215
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REPAY THE LOAN IF THAT USE OF THE MONEY FROM THE OTHER FUND IS 216
NOT IN CONFLICT WITH LAW. IF THE BOARD SO ADVANCES MONEY IN 217
ORDER TO REPAY THE LOAN, THE BOARD SUBSEQUENTLY SHALL REIMBURSE 218
EACH FUND FROM WHICH THE BOARD ADVANCES MONEY WITH MONEYS FROM 219
THE EROSION CONTROL REPAYMENT FUND.
(3) BILL AND COLLECT ALL AMOUNTS WHEN DUE UNDER THE 222
AGREEMENT ENTERED INTO UNDER DIVISION (A) OF THIS SECTION. THE 223
BOARD SHALL CERTIFY AMOUNTS NOT PAID WHEN DUE TO THE COUNTY 224
AUDITOR, WHO SHALL ENTER THE AMOUNTS ON THE REAL PROPERTY TAX 225
LIST AND DUPLICATE AGAINST THE PROPERTY IDENTIFIED UNDER DIVISION 226
(A)(1) OF THIS SECTION. THE AMOUNTS NOT PAID WHEN DUE SHALL BE A 227
LIEN ON THAT PROPERTY FROM THE DATE ON WHICH THE AMOUNTS ARE 228
PLACED ON THE TAX LIST AND DUPLICATE AND SHALL BE COLLECTED IN
THE SAME MANNER AS OTHER TAXES. 229
(C) A BOARD MAY APPLY TO THE AUTHORITY FOR A LOAN FOR THE 231
PURPOSE OF ENTERING INTO AGREEMENTS UNDER DIVISION (A) OF THIS 232
SECTION. THE LOAN SHALL BE FOR AN AMOUNT AND ON THE TERMS 233
ESTABLISHED IN AN AGREEMENT BETWEEN THE BOARD AND THE AUTHORITY. 234
THE BOARD MAY ASSIGN ANY AGREEMENTS ENTERED INTO UNDER DIVISION 235
(A) OF THIS SECTION TO THE AUTHORITY IN ORDER TO PROVIDE FOR THE 236
REPAYMENT OF THE LOAN AND MAY PLEDGE ANY LAWFULLY AVAILABLE 237
REVENUES TO THE REPAYMENT OF THE LOAN, PROVIDED THAT NO MONEYS 238
RAISED BY TAXATION SHALL BE OBLIGATED OR PLEDGED BY THE BOARD FOR 239
THE REPAYMENT OF THE LOAN. ANY AGREEMENT WITH THE AUTHORITY
PURSUANT TO THIS DIVISION IS NOT SUBJECT TO CHAPTER 133. OF THE 240
REVISED CODE OR ANY REQUIREMENTS OR LIMITATIONS ESTABLISHED IN 241
THAT CHAPTER.
(D) THE AUTHORITY, AS ASSIGNEE OF ANY AGREEMENT PURSUANT 244
TO DIVISION (C) OF THIS SECTION, MAY ENFORCE AND COMPEL THE BOARD 246
AND THE COUNTY AUDITOR BY MANDAMUS PURSUANT TO CHAPTER 2731. OF 247
THE REVISED CODE TO COMPLY WITH DIVISION (B) OF THIS SECTION IN A 249
TIMELY MANNER.
(E) THE CONSTRUCTION OF AN EROSION CONTROL STRUCTURE BY A 251
CONTRACTOR HIRED BY A PERSON WHO ENTERS INTO AN AGREEMENT WITH A 252
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BOARD UNDER DIVISION (A) OF THIS SECTION IS NOT A PUBLIC 253
IMPROVEMENT, AS DEFINED IN SECTION 4115.03 OF THE REVISED CODE, 254
AND IS NOT SUBJECT TO COMPETITIVE BIDDING OR PUBLIC BOND LAWS. 255
Sec. 6121.01. As used in this chapter: 264
(A) "Beneficial use" means a use of water, including the 266
method of diversion, storage, transportation, treatment, and 267
application, that is reasonable and consistent with the public 268
interest in the proper utilization of water resources, including, 269
without limitation, domestic, agricultural, industrial, power, 270
municipal, navigational, fish and wildlife, and recreational
uses.
(B) "Governmental agencies" means departments, divisions, 272
or other units of state government, watershed districts, soil and 273
water conservation districts, municipal corporations, counties, 274
townships, and other political subdivisions, special water 275
districts, including county and regional sewer and water
districts, conservancy districts, sanitary districts, sewer 276
districts, or any other public corporation or agency having the 277
authority to acquire, construct, or operate waste water or water 278
management facilities, the United States or any agency thereof, 279
and any agency, commission, or authority established pursuant to 280
an interstate compact or agreement.
(C) "Person" means any individual, firm, partnership, 282
association, or corporation, or two or more or any combination 283
thereof.
(D) "Waters of the state" means all streams, lakes, ponds, 285
marshes, watercourses, waterways, wells, springs, irrigation 286
systems, drainage systems, and other bodies or accumulations of 287
water, surface and underground, natural or artificial, that are 288
situated wholly or partly within, or border upon, this state or 289
are within its jurisdiction, except those private waters that do
not combine or effect a junction with natural surface or 290
underground waters.
(E) "Water resources" means all waters of the state 292
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occurring on the surface in natural or artificial channels, 293
lakes, reservoirs, or impoundments, and underground in subsurface 294
aquifers, that are available or may be made available to 295
agricultural, industrial, commercial, recreational, public, and
domestic users. 296
(F) "Project" or "water development project" means either 298
of the following:
(1) Any waste water facility or water management facility, 300
including undivided or other interests therein, acquired or 301
constructed or to be acquired or constructed by the Ohio water 302
development authority under this chapter, or acquired or 303
constructed or to be acquired or constructed by a governmental 304
agency or person with all or a portion of the cost thereof being 305
paid from a loan or grant from the authority under this chapter, 306
including all buildings and facilities that the authority 307
considers necessary for the operation of the project, together 308
with all property, rights, easements, and interest that may be 309
required for the operation of the project;
(2) Any project or activity qualifying for financial 311
assistance under section 6109.22, 6111.036, or 6111.037 of the 312
Revised Code.
(G) "Pollution" means the placing of any noxious or 314
deleterious substances in any waters of the state or otherwise 315
affecting the waters or properties of any waters of the state, 316
including the temperature or radioactivity thereof, in a manner 317
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 318
for domestic water supply, industrial, or agricultural purposes 319
or recreation.
(H) "Sewage" means any substance that contains any of the 321
waste products or excrementitious or other discharge from the 322
bodies of human beings or animals and that pollutes the waters of 323
the state or that in the absence of a waste water facility would 324
pollute or cause greater pollution of the waters of the state. 325
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(I) "Industrial waste" means any liquid, gaseous, or solid 327
waste substance, heat, radioactivity, or radiation, resulting 328
from any process of industry, manufacture, trade, or business, or 329
from the development, processing, or recovery of any natural 330
resource, together with such sewage as is present, that pollutes 331
the waters of the state or that in the absence of a waste water
facility would pollute or cause greater pollution of the waters 332
of the state.
(J) "Waste water" means any water containing sewage or 334
industrial waste or other pollutants or contaminants derived from 335
the prior use of the water.
(K) "Waste water facilities" means facilities, property, 337
or the modification or replacement of property for the purpose of 339
treating, neutralizing, disposing of, stabilizing, dispersing,
cooling, segregating, or holding waste water, or for the removal, 340
reduction, containment, alteration, storage, or disposal of 341
sewage or industrial waste or substances containing sewage or 342
industrial waste, or for the prevention or reduction, or 343
reduction of the concentration, of pollution of the waters of the 344
state, including, without limitation, facilities for the 345
withdrawal of waters of the state, facilities for the treatment 346
and disposal of sewage or industrial waste and the residue 347
thereof, facilities for the temporary or permanent impoundment of 348
waste water, both surface and underground, and sanitary sewers 349
and other systems, whether on the surface or underground, 350
designed to transport waste water together with the equipment and 351
furnishings thereof and their appurtenances and systems, whether 352
on the surface or underground, including force mains and pumping 353
facilities therefor when necessary, and facilities or 354
expenditures that qualify as water pollution control facilities 355
under Section 103(C) (4) (F) of the Internal Revenue Code of 356
1954, as amended, and regulations adopted thereunder, and also 357
includes any property or system to be used in whole or in part 358
for any of the foregoing purposes, whether or not another purpose 359
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is also IS served, and any property or system incidental to or 361
that has to do with or the end purpose of which is any of the
foregoing. Waste water facilities as defined in this division 362
for industry, commerce, distribution, or research, including 363
public utility companies, are hereby determined to be those that 364
qualify as facilities for the control of water pollution and 365
thermal pollution related to water under Section 13 of Article 366
VIII, Ohio Constitution.
(L) "Water management facilities" means facilities for the 368
development, use, and protection of water resources, including, 369
without limitation, facilities for water supply, facilities for 370
stream flow improvement, dams, reservoirs, and other 371
impoundments, water transmission lines, water wells and well 372
fields, pumping stations and works for underground water 373
recharge, facilities for the management and treatment of storm 374
water, stream monitoring systems, facilities for the 375
stabilization of stream and river banks AND COASTAL EROSION 376
AREAS, AS DEFINED IN SECTION 1506.01 OF THE REVISED CODE, and 377
facilities for the treatment of streams and rivers, including, 378
without limitation, facilities for the removal of oil, debris, 379
and other solid waste from the waters of the state and stream and 380
river aeration facilities.
(M) "Cost" as applied to A water development project means 382
the cost of acquisition and construction, the cost of acquisition 383
of all land, rights-of-way, property rights, easements, franchise 384
rights, and interests required for that acquisition and 385
construction, the cost of demolishing or removing any buildings 386
or structures on land so acquired, including the cost of 387
acquiring any lands to which the buildings or structures may be 389
moved, the cost of acquiring or constructing and equipping a
principal office and sub-offices of the authority, the cost of 390
diverting highways, interchange of highways, or access roads to 391
private property, including the cost of land or easements 392
therefor, the cost of all machinery, furnishings, and equipment, 393
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financing charges, interest prior to and during construction and 394
for no more than eighteen months after completion of 395
construction, engineering costs, expenses of research and 396
development with respect to waste water or water management 397
facilities, legal expenses, the cost of plans, specifications, 398
and surveys, estimates of cost and revenues, working capital, 399
other expenses necessary or incident to determining the 400
feasibility or practicability of acquiring or constructing any 401
such project, administrative expense, and such other expense as 403
THAT may be necessary or incident to the acquisition or
construction of the project, the financing of the acquisition or 406
construction including the amount authorized in the resolution of 407
the authority providing for the issuance of water development 408
revenue bonds to be paid into any special funds from the proceeds 409
of the bonds, and the financing of the placing of any such
project in operation. Any obligation, cost, or expense incurred 410
by any governmental agency or person for surveys, borings, 411
preparation of plans and specifications, and other engineering 412
services, or any other costs described above, in connection with 413
the acquisition or construction of a project may be regarded as a 414
part of the cost of the project and may be reimbursed out of the
proceeds of water development revenue bonds as authorized by this 415
chapter.
(N) "Owner" includes all individuals, copartnerships, 417
associations, corporations, or governmental agencies having any 418
title or interest in any property rights, easements, and 419
interests authorized to be acquired by this chapter. 420
(O) "Revenues" means all rentals and other charges for the 422
use or services of any water development project, any gift or 423
grant received with respect thereto, including, without 424
limitation, any moneys received by the authority pursuant to an 425
agreement entered into under section 6109.22, 6111.036, or
6111.037 of the Revised Code, any moneys received with respect to 426
the lease, sublease, sale, including installment sale or 427
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conditional sale, or other disposition of a project, moneys 428
received in repayment of and for interest on any loan made by the 429
authority to a person or governmental agency, whether from the 430
United States or a department, administration, or agency thereof,
or otherwise, proceeds of bonds to the extent that use thereof 431
for payment of principal of, premium if any, or interest on the 432
bonds is authorized by the authority, proceeds from any 433
insurance, condemnation, or guaranty pertaining to a project or 434
property mortgaged to secure bonds or pertaining to the financing 435
of the project, and income and profit from the investment of the
proceeds of water development revenue bonds or of any revenues. 436
(P) "Public roads" includes all public highways, roads, 438
and streets in the state whether maintained by the state, OR A 439
county, municipal corporation, township, or other political 441
subdivision.
(Q) "Public utility facilities" includes tracks, pipes, 443
mains, conduits, cables, wires, towers, poles, and other 444
equipment and appliances of any public utility. 445
(R) "Construction," unless the context indicates a 447
different meaning or intent, includes reconstruction, 448
enlargement, improvement, or providing furnishings or equipment. 449
(S) "Water development revenue bonds," unless the context 451
indicates a different meaning or intent, includes water 452
development revenue notes, water development revenue renewal 453
notes, and water development revenue refunding bonds, except that 454
notes issued in anticipation of the issuance of bonds shall have 455
a maximum maturity of five years as provided in section 6121.06
of the Revised Code and notes or renewal notes issued as the 456
definitive obligation may be issued maturing at such THE time or 457
times as THAT the authority determines with a maximum maturity of 459
forty years from the date of issuance of the original note. 460
Sec. 6121.04. The Ohio water development authority may do 469
any or all of the following: 470
(A) Adopt bylaws for the regulation of its affairs and the 472
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conduct of its business; 473
(B) Adopt an official seal; 475
(C) Maintain a principal office and suboffices at places 477
within the state that it designates; 478
(D) Sue and plead in its own name, and be sued and 480
impleaded in its own name with respect to its contracts or torts 482
of its members, employees, or agents acting within the scope of 483
their employment, or to enforce its obligations and covenants 484
made under sections 6121.06, 6121.08, and 6121.13 of the Revised
Code. Any such actions against the authority shall be brought in 485
the court of common pleas of the county in which the principal 486
office of the authority is located or in the court of common 487
pleas of the county in which the cause of action arose, provided 488
that the county is located within this state, and all summonses, 489
exceptions, and notices of every kind shall be served on the
authority by leaving a copy thereof at the principal office with 490
the person in charge thereof or with the secretary-treasurer of 491
the authority.
(E) Make loans and grants to governmental agencies for the 493
acquisition or construction of water development projects by any 494
such governmental agency and adopt rules and procedures for 495
making such loans and grants;
(F) Acquire, construct, reconstruct, enlarge, improve, 497
furnish, equip, maintain, repair, operate, or lease or rent to, 498
or contract for operation by, a governmental agency or person, 499
water development projects, and establish rules for the use of 500
such THOSE projects;
(G) Make available the use or services of any water 502
development project to one or more persons, one or more 503
governmental agencies, or any combination thereof; 504
(H) Issue water development revenue bonds and notes and 506
water development revenue refunding bonds of the state, payable 507
solely from revenues as provided in section 6121.06 of the 508
Revised Code, unless the bonds are refunded by refunding bonds, 509
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for the purpose of paying any part of the cost of one or more
water development projects or parts thereof; 510
(I) Acquire by gift or purchase, hold, and dispose of real 512
and personal property in the exercise of its powers and the 513
performance of its duties under this chapter; 514
(J) Acquire, in the name of the state, by purchase or 516
otherwise, on such terms and in such THE manner as THAT it 518
considers proper, or by the exercise of the right of condemnation 520
in the manner provided by section 6121.18 of the Revised Code, 521
such public or private lands, including public parks,
playgrounds, or reservations, or parts thereof or rights therein, 523
rights-of-way, property, rights, easements, and interests as THAT 524
it considers necessary for carrying out this chapter, but 526
excluding the acquisition by the exercise of the right of
condemnation of any waste water facility or water management 527
facility owned by any person or governmental agency, and 528
compensation shall be paid for public or private lands so taken, 529
except that a government-owned waste water facility may be 530
appropriated in accordance with section 6121.041 of the Revised
Code;
(K) Adopt rules to protect augmented flow in waters of the 532
state, to the extent augmented by a water development project, 533
from depletion so it will be available for beneficial use, and to 534
provide standards for the withdrawal from waters of the state of 535
the augmented flow created by a water development project that is 536
not returned to the waters of the state so augmented and to
establish reasonable charges therefor if considered necessary by 537
the authority; 538
(L) Make and enter into all contracts and agreements and 540
execute all instruments necessary or incidental to the 541
performance of its duties and the execution of its powers under 542
this chapter in accordance with the following requirements: 543
(1) When the cost under any such contract or agreement, 545
other than compensation for personal services, involves an 546
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expenditure of more than ten thousand dollars, the authority 547
shall make a written contract with the lowest responsive and 548
responsible bidder, in accordance with section 9.312 of the
Revised Code, after advertisement for not less than two 549
consecutive weeks in a newspaper of general circulation in 550
Franklin county, and in such other publications as THAT the 551
authority determines, which shall state the general character of 553
the work and the general character of the materials to be
furnished, the place where plans and specifications therefor may 554
be examined, and the time and place of receiving bids, provided 555
that a contract or lease for the operation of a water development 556
project constructed and owned by the authority or an agreement 557
for cooperation in the acquisition or construction of a water 558
development project pursuant to section 6121.13 of the Revised
Code or any contract for the construction of a water development 559
project that is to be leased by the authority to, and operated 560
by, persons who are not governmental agencies and the cost of the 561
project is to be amortized exclusively from rentals or other 562
charges paid to the authority by persons who are not governmental 563
agencies is not subject to the foregoing requirements and the 564
authority may enter into such a contract or lease or such an
agreement pursuant to negotiation and upon such terms and 565
conditions and for such THE period as THAT it finds to be 568
reasonable and proper in the circumstances and in the best 569
interests of proper operation or of efficient acquisition or 570
construction of the project. 571
(2) Each bid for a contract for the construction, 573
demolition, alteration, repair, or reconstruction of an 574
improvement shall contain the full name of every person 575
interested in it and shall meet the requirements of section
153.54 of the Revised Code. 576
(3) Each bid for a contract except as provided in division 578
(L)(2) of this section shall contain the full name of every 579
person or company interested in it and shall be accompanied by a 580
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sufficient bond or certified check on a solvent bank that if the 581
bid is accepted, a contract will be entered into and the 582
performance thereof secured.
(4) The authority may reject any and all bids. 584
(5) A bond with good and sufficient surety, approved by 586
the authority, shall be required of every contractor awarded a 587
contract except as provided in division (L)(2) of this section, 588
in an amount equal to at least fifty per cent of the contract 589
price, conditioned upon the faithful performance of the contract. 590
(M) Employ managers, superintendents, and other employees 592
and retain or contract with consulting engineers, financial 593
consultants, accounting experts, architects, attorneys, and other 594
consultants and independent contractors as THAT are necessary in 596
its judgment to carry out this chapter, and fix the compensation 597
thereof. All expenses thereof shall be payable solely from the
proceeds of water development revenue bonds or notes issued under 598
this chapter, from revenues, or from funds appropriated for that 599
purpose by the general assembly. 600
(N) Receive and accept from any federal agency, subject to 602
the approval of the governor, grants for or in aid of the 603
construction of any water development project or for research and 604
development with respect to waste water or water management 605
facilities, and receive and accept aid or contributions from any 606
source of money, property, labor, or other things of value, to be 607
held, used, and applied only for the purposes for which the
grants and contributions are made; 608
(O) Engage in research and development with respect to 610
waste water or water management facilities; 611
(P) Purchase fire and extended coverage and liability 613
insurance for any water development project and for the principal 614
office and suboffices of the authority, insurance protecting the 615
authority and its officers and employees against liability for 616
damage to property or injury to or death of persons arising from 617
its operations, and any other insurance the authority may agree
17
to provide under any resolution authorizing its water development 618
revenue bonds or in any trust agreement securing the same; 619
(Q) Charge, alter, and collect rentals and other charges 621
for the use or services of any water development project as 622
provided in section 6121.13 of the Revised Code; 623
(R) Provide coverage for its employees under sections 625
4123.01 to 4123.94, 4141.01 to 4141.46, and 145.01 to 145.58 AND 626
CHAPTERS 4123. AND 4141. of the Revised Code; 627
(S) Assist in the implementation and administration of the 629
drinking water assistance fund and program created in section 630
6109.22 of the Revised Code and the water pollution control loan 631
fund and program created in section 6111.036 of the Revised Code, 632
including, without limitation, performing or providing fiscal 633
management for the funds and investing and disbursing moneys in
the funds, and enter into all necessary and appropriate 634
agreements with the director of environmental protection for 635
those purposes;
(T) Issue water development revenue bonds and notes of the 637
state in principal amounts that are necessary for the purpose of 638
raising moneys for the sole benefit of the water pollution 639
control loan fund created in section 6111.036 of the Revised 640
Code, including moneys to meet the requirement for providing
matching moneys under division (D) of that section. The bonds 641
and notes may be secured by appropriate trust agreements and 642
repaid from moneys credited to the fund from payments of 643
principal and interest on loans made from the fund, as provided 644
in division (F) of section 6111.036 of the Revised Code.
(U) Issue water development revenue bonds and notes of the 646
state in principal amounts that are necessary for the purpose of 647
raising moneys for the sole benefit of the drinking water 648
assistance fund created in section 6109.22 of the Revised Code, 649
including moneys to meet the requirement for providing matching 650
moneys under divisions (B) and (F) of that section. The bonds
and notes may be secured by appropriate trust agreements and 651
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repaid from moneys credited to the fund from payments of 652
principal and interest on loans made from the fund, as provided 653
in division (F) of section 6109.22 of the Revised Code. 654
(V) MAKE LOANS TO AND ENTER INTO AGREEMENTS WITH BOARDS OF 656
COUNTY COMMISSIONERS FOR THE PURPOSES OF SECTION 1507.071 OF THE 657
REVISED CODE AND ADOPT RULES ESTABLISHING REQUIREMENTS AND 658
PROCEDURES FOR MAKING THE LOANS AND ENTERING INTO THE AGREEMENTS; 659
(W) Do all acts necessary or proper to carry out the 661
powers expressly granted in this chapter. 663
Sec. 6121.061. The Ohio water development authority shall 672
not issue any bonds or otherwise participate in any project 673
authorized by this chapter or Chapter 6123. of the Revised Code 674
unless the contract, resolution, or other written document 675
setting forth the board's participation specifies that all wages 676
paid to laborers and mechanics employed on such THE projects 677
shall be paid at the prevailing rates of wages of laborers and 679
mechanics for the class of work called for by the project, which 680
wages shall be determined in accordance with the requirements of 681
Chapter 4115. of the Revised Code for determination of prevailing 683
wage rates, provided that the requirements of this section do not 684
apply TO LOANS MADE TO BOARDS OF COUNTY COMMISSIONERS UNDER
DIVISION (V) OF SECTION 6121.04 OF THE REVISED CODE OR where the 685
federal government or any of its agencies furnishes by loan or 687
grant all or any part of the funds used in connection with such 688
THE project and prescribes predetermined minimum wages to be paid 689
to such THE laborers and mechanics;, and provided further that 690
should IF a non-public user beneficiary of the project undertake 692
UNDERTAKES, as part of the project, construction to be performed 694
by its regular bargaining unit employees who are covered under a 695
collective bargaining agreement which THAT was in existence prior 696
to the date of the commitment instrument setting forth the 697
board's participation, then, in that event, the rate of pay 698
provided under the collective bargaining agreement may be paid to 699
such THOSE employees. 700
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Section 2. That existing sections 317.08, 6121.01, 702
6121.04, and 6121.061 of the Revised Code are hereby repealed. 703