As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. S. B. No. 43 5
1999-2000 6
SENATORS GARDNER-BRADY-LATTA-MUMPER-RAY-DRAKE-SPADA 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 and agricultural 49
easements under section 5301.68 of the Revised Code; all 51
instruments extinguishing agricultural easements under section 52
901.21 or 5301.691 of the Revised Code or pursuant to terms of 53
such an easement granted to a charitable organization under
section 5301.68 of the Revised Code; all instruments or orders 54
described in division (B)(1)(c)(ii) of section 5301.56 of the 55
Revised Code; all no further action letters issued under section 56
3746.11 of the Revised Code; all covenants not to sue issued 57
under section 3746.12 of the Revised Code; any restrictions on 58
the use of property identified pursuant to division (C)(3) of 59
section 3746.10 of the Revised Code; and all memoranda of trust, 60
as described in division (A) of section 5301.255 of the Revised 61
Code, that describe specific real property; AND ALL AGREEMENTS 62
ENTERED INTO UNDER DIVISION (A) OF SECTION 1507.071 OF THE 63
REVISED CODE;
(B) A record of mortgages, in which shall be recorded all 65
of the following: 66
(1) All mortgages, including amendments, supplements, 68
modifications, and extensions of mortgages, or other instruments 69
of writing by which lands, tenements, or hereditaments are or may 70
be mortgaged or otherwise conditionally sold, conveyed, affected, 71
or encumbered; 72
(2) All executory installment contracts for the sale of 74
land executed after September 29, 1961, that by their terms are 75
not required to be fully performed by one or more of the parties 76
to them within one year of the date of the contracts; 77
(3) All options to purchase real estate, including 79
supplements, modifications, and amendments of the options, but no 80
option of that nature shall be recorded if it does not state a 81
specific day and year of expiration of its validity; 82
3
(4) Any tax certificate sold under section 5721.33 of the 84
Revised Code, or memorandum thereof, that is presented for filing 85
of record.
(C) A record of powers of attorney, including all 87
memoranda of trust, as described in division (A) of section 88
5301.255 of the Revised Code, that do not describe specific real 89
property; 90
(D) A record of plats, in which shall be recorded all 92
plats and maps of town lots, of the subdivision of town lots, and 93
of other divisions or surveys of lands, any center line survey of 94
a highway located within the county, the plat of which shall be 95
furnished by the director of transportation or county engineer, 96
and all drawings as provided for in Chapter 5311. of the Revised 97
Code; 98
(E) A record of leases, in which shall be recorded all 100
leases, memoranda of leases, and supplements, modifications, and 101
amendments of leases and memoranda of leases; 102
(F) A record of declarations executed pursuant to section 105
2133.02 of the Revised Code and durable powers of attorney for 107
health care executed pursuant to section 1337.12 of the Revised 108
Code. 109
All instruments or memoranda of instruments entitled to 111
record shall be recorded in the proper record in the order in 112
which they are presented for record. The recorder may index, 113
keep, and record in one volume unemployment compensation liens, 114
internal revenue tax liens and other liens in favor of the United 115
States as described in division (A) of section 317.09 of the 116
Revised Code, personal tax liens, mechanic's liens, agricultural 117
product liens, notices of liens, certificates of satisfaction or 118
partial release of estate tax liens, discharges of recognizances, 119
excise and franchise tax liens on corporations, broker's liens, 120
and liens provided for in sections 1513.33, 1513.37, 3752.13, 122
5111.021, and 5311.18 of the Revised Code. 124
The recording of an option to purchase real estate, 126
4
including any supplement, modification, and amendment of the 127
option, under this section shall serve as notice to any purchaser 128
of an interest in the real estate covered by the option only 129
during the period of the validity of the option as stated in the 130
option. 131
(G) In lieu of keeping the six separate sets of records 134
required in divisions (A) to (F) of this section and the records 136
required in division (H) of this section, a county recorder may 137
record all the instruments required to be recorded by this 138
section in two separate sets of record books. One set shall be 139
called the "official records" and shall contain the instruments 140
listed in divisions (A), (B), (C), (E), (F), and (H) of this 142
section. The second set of records shall contain the instruments 143
listed in division (D) of this section. 144
(H) Except as provided in division (G) of this section, 147
the county recorder shall keep a separate set of records
containing all corrupt activity lien notices filed with the 148
recorder pursuant to section 2923.36 of the Revised Code and a 149
separate set of records containing all medicaid fraud lien 150
notices filed with the recorder pursuant to section 2933.75 of 151
the Revised Code. 152
Sec. 1507.071. (A) A BOARD OF COUNTY COMMISSIONERS MAY 155
USE A LOAN OBTAINED UNDER DIVISION (C) OF THIS SECTION TO PROVIDE 156
FINANCIAL ASSISTANCE TO ANY PERSON WHO OWNS REAL PROPERTY IN A 157
COASTAL EROSION AREA, AS DEFINED IN SECTION 1506.01 OF THE 159
REVISED CODE, AND WHO HAS RECEIVED A PERMIT UNDER SECTION 1507.04 161
OF THE REVISED CODE TO CONSTRUCT AN EROSION CONTROL STRUCTURE IN 164
THAT COASTAL EROSION AREA. THE BOARD SHALL ENTER INTO AN
AGREEMENT WITH THE PERSON THAT COMPLIES WITH ALL OF THE FOLLOWING 166
REQUIREMENTS: 167
(1) THE AGREEMENT SHALL IDENTIFY THE PERSON'S REAL 169
PROPERTY FOR WHICH THE EROSION CONTROL STRUCTURE IS BEING 170
CONSTRUCTED AND SHALL INCLUDE A LEGAL DESCRIPTION OF THAT 171
PROPERTY AND A REFERENCE TO THE VOLUME AND PAGE OF THE DEED 172
5
RECORD IN WHICH THE TITLE OF THAT PERSON TO THAT PROPERTY IS
RECORDED.
(2) IN ACCORDANCE WITH RULES ADOPTED BY THE OHIO WATER 175
DEVELOPMENT AUTHORITY UNDER DIVISION (V) OF SECTION 6121.04 OF 177
THE REVISED CODE FOR THE PURPOSES OF DIVISION (C) OF THIS SECTION 180
AND PURSUANT TO AN AGREEMENT BETWEEN THE BOARD AND THE AUTHORITY 181
UNDER THAT DIVISION, THE BOARD SHALL AGREE TO CAUSE PAYMENTS TO 182
BE MADE BY THE AUTHORITY TO THE CONTRACTOR HIRED BY THE PERSON TO 184
CONSTRUCT AN EROSION CONTROL STRUCTURE IN AMOUNTS NOT TO EXCEED 185
THE TOTAL AMOUNT SPECIFIED IN THE AGREEMENT BETWEEN THE BOARD AND 186
THE PERSON.
(3) THE PERSON SHALL AGREE TO PAY TO THE BOARD, OR TO THE 188
AUTHORITY AS THE ASSIGNEE PURSUANT TO DIVISION (C) OF THIS 189
SECTION, THE TOTAL AMOUNT OF THE PAYMENTS PLUS ADMINISTRATIVE OR 190
OTHER COSTS OF THE BOARD OR THE AUTHORITY AT TIMES, IN 191
INSTALLMENTS, AND BEARING INTEREST AS SPECIFIED IN THE AGREEMENT. 192
THE AGREEMENT MAY CONTAIN ADDITIONAL PROVISIONS THAT THE 194
BOARD DETERMINES NECESSARY TO SAFEGUARD THE INTERESTS OF THE 195
COUNTY OR TO COMPLY WITH AN AGREEMENT ENTERED INTO UNDER DIVISION 196
(C) OF THIS SECTION.
(B) UPON ENTERING INTO AN AGREEMENT UNDER DIVISION (A) OF 199
THIS SECTION, THE BOARD SHALL DO ALL OF THE FOLLOWING: 200
(1) CAUSE THE AGREEMENT TO BE RECORDED IN THE COUNTY DEED 202
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY IN 203
WHICH THE REAL PROPERTY IS SITUATED. FAILURE TO RECORD THE 204
AGREEMENT DOES NOT AFFECT THE VALIDITY OF THE AGREEMENT OR THE 205
COLLECTION OF ANY AMOUNTS DUE UNDER THE AGREEMENT. 206
(2) ESTABLISH BY RESOLUTION AN EROSION CONTROL REPAYMENT 209
FUND INTO WHICH SHALL BE DEPOSITED ALL AMOUNTS COLLECTED UNDER 210
DIVISION (B)(3) OF THIS SECTION. MONEYS IN THAT FUND SHALL BE 211
USED BY THE BOARD FOR THE REPAYMENT OF THE LOAN AND FOR 212
ADMINISTRATIVE OR OTHER COSTS OF THE BOARD OR THE AUTHORITY AS 213
SPECIFIED IN AN AGREEMENT ENTERED INTO UNDER DIVISION (C) OF THIS 215
SECTION. IF THE AMOUNT OF MONEY IN THE FUND IS INADEQUATE TO
6
REPAY THE LOAN WHEN DUE, THE BOARD OF COUNTY COMMISSIONERS, BY 216
RESOLUTION, MAY ADVANCE MONEY FROM ANY OTHER FUND IN ORDER TO 217
REPAY THE LOAN IF THAT USE OF THE MONEY FROM THE OTHER FUND IS 218
NOT IN CONFLICT WITH LAW. IF THE BOARD SO ADVANCES MONEY IN 219
ORDER TO REPAY THE LOAN, THE BOARD SUBSEQUENTLY SHALL REIMBURSE 220
EACH FUND FROM WHICH THE BOARD ADVANCES MONEY WITH MONEYS FROM 221
THE EROSION CONTROL REPAYMENT FUND.
(3) BILL AND COLLECT ALL AMOUNTS WHEN DUE UNDER THE 224
AGREEMENT ENTERED INTO UNDER DIVISION (A) OF THIS SECTION. THE 225
BOARD SHALL CERTIFY AMOUNTS NOT PAID WHEN DUE TO THE COUNTY 226
AUDITOR, WHO SHALL ENTER THE AMOUNTS ON THE REAL PROPERTY TAX 227
LIST AND DUPLICATE AGAINST THE PROPERTY IDENTIFIED UNDER DIVISION 228
(A)(1) OF THIS SECTION. THE AMOUNTS NOT PAID WHEN DUE SHALL BE A 229
LIEN ON THAT PROPERTY FROM THE DATE ON WHICH THE AMOUNTS ARE 230
PLACED ON THE TAX LIST AND DUPLICATE AND SHALL BE COLLECTED IN
THE SAME MANNER AS OTHER TAXES. 231
(C) A BOARD MAY APPLY TO THE AUTHORITY FOR A LOAN FOR THE 233
PURPOSE OF ENTERING INTO AGREEMENTS UNDER DIVISION (A) OF THIS 234
SECTION. THE LOAN SHALL BE FOR AN AMOUNT AND ON THE TERMS 235
ESTABLISHED IN AN AGREEMENT BETWEEN THE BOARD AND THE AUTHORITY. 236
THE BOARD MAY ASSIGN ANY AGREEMENTS ENTERED INTO UNDER DIVISION 237
(A) OF THIS SECTION TO THE AUTHORITY IN ORDER TO PROVIDE FOR THE 238
REPAYMENT OF THE LOAN AND MAY PLEDGE ANY LAWFULLY AVAILABLE 239
REVENUES TO THE REPAYMENT OF THE LOAN, PROVIDED THAT NO MONEYS 240
RAISED BY TAXATION SHALL BE OBLIGATED OR PLEDGED BY THE BOARD FOR 241
THE REPAYMENT OF THE LOAN. ANY AGREEMENT WITH THE AUTHORITY
PURSUANT TO THIS DIVISION IS NOT SUBJECT TO CHAPTER 133. OF THE 242
REVISED CODE OR ANY REQUIREMENTS OR LIMITATIONS ESTABLISHED IN 243
THAT CHAPTER.
(D) THE AUTHORITY, AS ASSIGNEE OF ANY AGREEMENT PURSUANT 246
TO DIVISION (C) OF THIS SECTION, MAY ENFORCE AND COMPEL THE BOARD 248
AND THE COUNTY AUDITOR BY MANDAMUS PURSUANT TO CHAPTER 2731. OF 249
THE REVISED CODE TO COMPLY WITH DIVISION (B) OF THIS SECTION IN A 251
TIMELY MANNER.
7
(E) THE CONSTRUCTION OF AN EROSION CONTROL STRUCTURE BY A 253
CONTRACTOR HIRED BY AN INDIVIDUAL HOMEOWNER, GROUP OF INDIVIDUAL 254
HOMEOWNERS, OR HOMEOWNERS ASSOCIATION THAT ENTERS INTO AN 255
AGREEMENT WITH A BOARD UNDER DIVISION (A) OF THIS SECTION IS NOT 256
A PUBLIC IMPROVEMENT, AS DEFINED IN SECTION 4115.03 OF THE 257
REVISED CODE, AND IS NOT SUBJECT TO COMPETITIVE BIDDING OR PUBLIC
BOND LAWS. 258
Sec. 6121.01. As used in this chapter: 267
(A) "Beneficial use" means a use of water, including the 269
method of diversion, storage, transportation, treatment, and 270
application, that is reasonable and consistent with the public 271
interest in the proper utilization of water resources, including, 272
without limitation, domestic, agricultural, industrial, power, 273
municipal, navigational, fish and wildlife, and recreational
uses.
(B) "Governmental agencies" means departments, divisions, 275
or other units of state government, watershed districts, soil and 276
water conservation districts, municipal corporations, counties, 277
townships, and other political subdivisions, special water 278
districts, including county and regional sewer and water
districts, conservancy districts, sanitary districts, sewer 279
districts, or any other public corporation or agency having the 280
authority to acquire, construct, or operate waste water or water 281
management facilities, the United States or any agency thereof, 282
and any agency, commission, or authority established pursuant to 283
an interstate compact or agreement.
(C) "Person" means any individual, firm, partnership, 285
association, or corporation, or two or more or any combination 286
thereof.
(D) "Waters of the state" means all streams, lakes, ponds, 288
marshes, watercourses, waterways, wells, springs, irrigation 289
systems, drainage systems, and other bodies or accumulations of 290
water, surface and underground, natural or artificial, that are 291
situated wholly or partly within, or border upon, this state or 292
8
are within its jurisdiction, except those private waters that do
not combine or effect a junction with natural surface or 293
underground waters.
(E) "Water resources" means all waters of the state 295
occurring on the surface in natural or artificial channels, 296
lakes, reservoirs, or impoundments, and underground in subsurface 297
aquifers, that are available or may be made available to 298
agricultural, industrial, commercial, recreational, public, and
domestic users. 299
(F) "Project" or "water development project" means either 301
of the following:
(1) Any waste water facility or water management facility, 303
including undivided or other interests therein, acquired or 304
constructed or to be acquired or constructed by the Ohio water 305
development authority under this chapter, or acquired or 306
constructed or to be acquired or constructed by a governmental 307
agency or person with all or a portion of the cost thereof being 308
paid from a loan or grant from the authority under this chapter, 309
including all buildings and facilities that the authority 310
considers necessary for the operation of the project, together 311
with all property, rights, easements, and interest that may be 312
required for the operation of the project;
(2) Any project or activity qualifying for financial 314
assistance under section 6109.22, 6111.036, or 6111.037 of the 315
Revised Code.
(G) "Pollution" means the placing of any noxious or 317
deleterious substances in any waters of the state or otherwise 318
affecting the waters or properties of any waters of the state, 319
including the temperature or radioactivity thereof, in a manner 320
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 321
for domestic water supply, industrial, or agricultural purposes 322
or recreation.
(H) "Sewage" means any substance that contains any of the 324
9
waste products or excrementitious or other discharge from the 325
bodies of human beings or animals and that pollutes the waters of 326
the state or that in the absence of a waste water facility would 327
pollute or cause greater pollution of the waters of the state. 328
(I) "Industrial waste" means any liquid, gaseous, or solid 330
waste substance, heat, radioactivity, or radiation, resulting 331
from any process of industry, manufacture, trade, or business, or 332
from the development, processing, or recovery of any natural 333
resource, together with such sewage as is present, that pollutes 334
the waters of the state or that in the absence of a waste water
facility would pollute or cause greater pollution of the waters 335
of the state.
(J) "Waste water" means any water containing sewage or 337
industrial waste or other pollutants or contaminants derived from 338
the prior use of the water.
(K) "Waste water facilities" means facilities, property, 340
or the modification or replacement of property for the purpose of 342
treating, neutralizing, disposing of, stabilizing, dispersing,
cooling, segregating, or holding waste water, or for the removal, 343
reduction, containment, alteration, storage, or disposal of 344
sewage or industrial waste or substances containing sewage or 345
industrial waste, or for the prevention or reduction, or 346
reduction of the concentration, of pollution of the waters of the 347
state, including, without limitation, facilities for the 348
withdrawal of waters of the state, facilities for the treatment 349
and disposal of sewage or industrial waste and the residue 350
thereof, facilities for the temporary or permanent impoundment of 351
waste water, both surface and underground, and sanitary sewers 352
and other systems, whether on the surface or underground, 353
designed to transport waste water together with the equipment and 354
furnishings thereof and their appurtenances and systems, whether 355
on the surface or underground, including force mains and pumping 356
facilities therefor when necessary, and facilities or 357
expenditures that qualify as water pollution control facilities 358
10
under Section 103(C) (4) (F) of the Internal Revenue Code of 359
1954, as amended, and regulations adopted thereunder, and also 360
includes any property or system to be used in whole or in part 361
for any of the foregoing purposes, whether or not another purpose 362
is also IS served, and any property or system incidental to or 364
that has to do with or the end purpose of which is any of the
foregoing. Waste water facilities as defined in this division 365
for industry, commerce, distribution, or research, including 366
public utility companies, are hereby determined to be those that 367
qualify as facilities for the control of water pollution and 368
thermal pollution related to water under Section 13 of Article 369
VIII, Ohio Constitution.
(L) "Water management facilities" means facilities for the 371
development, use, and protection of water resources, including, 372
without limitation, facilities for water supply, facilities for 373
stream flow improvement, dams, reservoirs, and other 374
impoundments, water transmission lines, water wells and well 375
fields, pumping stations and works for underground water 376
recharge, facilities for the management and treatment of storm 377
water, stream monitoring systems, facilities for the 378
stabilization of stream and river banks AND COASTAL EROSION 379
AREAS, AS DEFINED IN SECTION 1506.01 OF THE REVISED CODE, and 380
facilities for the treatment of streams and rivers, including, 381
without limitation, facilities for the removal of oil, debris, 382
and other solid waste from the waters of the state and stream and 383
river aeration facilities.
(M) "Cost" as applied to A water development project means 385
the cost of acquisition and construction, the cost of acquisition 386
of all land, rights-of-way, property rights, easements, franchise 387
rights, and interests required for that acquisition and 388
construction, the cost of demolishing or removing any buildings 389
or structures on land so acquired, including the cost of 390
acquiring any lands to which the buildings or structures may be 392
moved, the cost of acquiring or constructing and equipping a
11
principal office and sub-offices of the authority, the cost of 393
diverting highways, interchange of highways, or access roads to 394
private property, including the cost of land or easements 395
therefor, the cost of all machinery, furnishings, and equipment, 396
financing charges, interest prior to and during construction and 397
for no more than eighteen months after completion of 398
construction, engineering costs, expenses of research and 399
development with respect to waste water or water management 400
facilities, legal expenses, the cost of plans, specifications, 401
and surveys, estimates of cost and revenues, working capital, 402
other expenses necessary or incident to determining the 403
feasibility or practicability of acquiring or constructing any 404
such project, administrative expense, and such other expense as 406
THAT may be necessary or incident to the acquisition or
construction of the project, the financing of the acquisition or 409
construction including the amount authorized in the resolution of 410
the authority providing for the issuance of water development 411
revenue bonds to be paid into any special funds from the proceeds 412
of the bonds, and the financing of the placing of any such
project in operation. Any obligation, cost, or expense incurred 413
by any governmental agency or person for surveys, borings, 414
preparation of plans and specifications, and other engineering 415
services, or any other costs described above, in connection with 416
the acquisition or construction of a project may be regarded as a 417
part of the cost of the project and may be reimbursed out of the
proceeds of water development revenue bonds as authorized by this 418
chapter.
(N) "Owner" includes all individuals, copartnerships, 420
associations, corporations, or governmental agencies having any 421
title or interest in any property rights, easements, and 422
interests authorized to be acquired by this chapter. 423
(O) "Revenues" means all rentals and other charges for the 425
use or services of any water development project, any gift or 426
grant received with respect thereto, including, without 427
12
limitation, any moneys received by the authority pursuant to an 428
agreement entered into under section 6109.22, 6111.036, or
6111.037 of the Revised Code, any moneys received with respect to 429
the lease, sublease, sale, including installment sale or 430
conditional sale, or other disposition of a project, moneys 431
received in repayment of and for interest on any loan made by the 432
authority to a person or governmental agency, whether from the 433
United States or a department, administration, or agency thereof,
or otherwise, proceeds of bonds to the extent that use thereof 434
for payment of principal of, premium if any, or interest on the 435
bonds is authorized by the authority, proceeds from any 436
insurance, condemnation, or guaranty pertaining to a project or 437
property mortgaged to secure bonds or pertaining to the financing 438
of the project, and income and profit from the investment of the
proceeds of water development revenue bonds or of any revenues. 439
(P) "Public roads" includes all public highways, roads, 441
and streets in the state whether maintained by the state, OR A 442
county, municipal corporation, township, or other political 444
subdivision.
(Q) "Public utility facilities" includes tracks, pipes, 446
mains, conduits, cables, wires, towers, poles, and other 447
equipment and appliances of any public utility. 448
(R) "Construction," unless the context indicates a 450
different meaning or intent, includes reconstruction, 451
enlargement, improvement, or providing furnishings or equipment. 452
(S) "Water development revenue bonds," unless the context 454
indicates a different meaning or intent, includes water 455
development revenue notes, water development revenue renewal 456
notes, and water development revenue refunding bonds, except that 457
notes issued in anticipation of the issuance of bonds shall have 458
a maximum maturity of five years as provided in section 6121.06
of the Revised Code and notes or renewal notes issued as the 459
definitive obligation may be issued maturing at such THE time or 460
times as THAT the authority determines with a maximum maturity of 462
13
forty years from the date of issuance of the original note. 463
Sec. 6121.04. The Ohio water development authority may do 472
any or all of the following: 473
(A) Adopt bylaws for the regulation of its affairs and the 475
conduct of its business; 476
(B) Adopt an official seal; 478
(C) Maintain a principal office and suboffices at places 480
within the state that it designates; 481
(D) Sue and plead in its own name, and be sued and 483
impleaded in its own name with respect to its contracts or torts 485
of its members, employees, or agents acting within the scope of 486
their employment, or to enforce its obligations and covenants 487
made under sections 6121.06, 6121.08, and 6121.13 of the Revised
Code. Any such actions against the authority shall be brought in 488
the court of common pleas of the county in which the principal 489
office of the authority is located or in the court of common 490
pleas of the county in which the cause of action arose, provided 491
that the county is located within this state, and all summonses, 492
exceptions, and notices of every kind shall be served on the
authority by leaving a copy thereof at the principal office with 493
the person in charge thereof or with the secretary-treasurer of 494
the authority.
(E) Make loans and grants to governmental agencies for the 496
acquisition or construction of water development projects by any 497
such governmental agency and adopt rules and procedures for 498
making such loans and grants;
(F) Acquire, construct, reconstruct, enlarge, improve, 500
furnish, equip, maintain, repair, operate, or lease or rent to, 501
or contract for operation by, a governmental agency or person, 502
water development projects, and establish rules for the use of 503
such THOSE projects;
(G) Make available the use or services of any water 505
development project to one or more persons, one or more 506
governmental agencies, or any combination thereof; 507
14
(H) Issue water development revenue bonds and notes and 509
water development revenue refunding bonds of the state, payable 510
solely from revenues as provided in section 6121.06 of the 511
Revised Code, unless the bonds are refunded by refunding bonds, 512
for the purpose of paying any part of the cost of one or more
water development projects or parts thereof; 513
(I) Acquire by gift or purchase, hold, and dispose of real 515
and personal property in the exercise of its powers and the 516
performance of its duties under this chapter; 517
(J) Acquire, in the name of the state, by purchase or 519
otherwise, on such terms and in such THE manner as THAT it 521
considers proper, or by the exercise of the right of condemnation 523
in the manner provided by section 6121.18 of the Revised Code, 524
such public or private lands, including public parks,
playgrounds, or reservations, or parts thereof or rights therein, 526
rights-of-way, property, rights, easements, and interests as THAT 527
it considers necessary for carrying out this chapter, but 529
excluding the acquisition by the exercise of the right of
condemnation of any waste water facility or water management 530
facility owned by any person or governmental agency, and 531
compensation shall be paid for public or private lands so taken, 532
except that a government-owned waste water facility may be 533
appropriated in accordance with section 6121.041 of the Revised
Code;
(K) Adopt rules to protect augmented flow in waters of the 535
state, to the extent augmented by a water development project, 536
from depletion so it will be available for beneficial use, and to 537
provide standards for the withdrawal from waters of the state of 538
the augmented flow created by a water development project that is 539
not returned to the waters of the state so augmented and to
establish reasonable charges therefor if considered necessary by 540
the authority; 541
(L) Make and enter into all contracts and agreements and 543
execute all instruments necessary or incidental to the 544
15
performance of its duties and the execution of its powers under 545
this chapter in accordance with the following requirements: 546
(1) When the cost under any such contract or agreement, 548
other than compensation for personal services, involves an 549
expenditure of more than ten thousand dollars, the authority 550
shall make a written contract with the lowest responsive and 551
responsible bidder, in accordance with section 9.312 of the
Revised Code, after advertisement for not less than two 552
consecutive weeks in a newspaper of general circulation in 553
Franklin county, and in such other publications as THAT the 554
authority determines, which shall state the general character of 556
the work and the general character of the materials to be
furnished, the place where plans and specifications therefor may 557
be examined, and the time and place of receiving bids, provided 558
that a contract or lease for the operation of a water development 559
project constructed and owned by the authority or an agreement 560
for cooperation in the acquisition or construction of a water 561
development project pursuant to section 6121.13 of the Revised
Code or any contract for the construction of a water development 562
project that is to be leased by the authority to, and operated 563
by, persons who are not governmental agencies and the cost of the 564
project is to be amortized exclusively from rentals or other 565
charges paid to the authority by persons who are not governmental 566
agencies is not subject to the foregoing requirements and the 567
authority may enter into such a contract or lease or such an
agreement pursuant to negotiation and upon such terms and 568
conditions and for such THE period as THAT it finds to be 571
reasonable and proper in the circumstances and in the best 572
interests of proper operation or of efficient acquisition or 573
construction of the project. 574
(2) Each bid for a contract for the construction, 576
demolition, alteration, repair, or reconstruction of an 577
improvement shall contain the full name of every person 578
interested in it and shall meet the requirements of section
16
153.54 of the Revised Code. 579
(3) Each bid for a contract except as provided in division 581
(L)(2) of this section shall contain the full name of every 582
person or company interested in it and shall be accompanied by a 583
sufficient bond or certified check on a solvent bank that if the 584
bid is accepted, a contract will be entered into and the 585
performance thereof secured.
(4) The authority may reject any and all bids. 587
(5) A bond with good and sufficient surety, approved by 589
the authority, shall be required of every contractor awarded a 590
contract except as provided in division (L)(2) of this section, 591
in an amount equal to at least fifty per cent of the contract 592
price, conditioned upon the faithful performance of the contract. 593
(M) Employ managers, superintendents, and other employees 595
and retain or contract with consulting engineers, financial 596
consultants, accounting experts, architects, attorneys, and other 597
consultants and independent contractors as THAT are necessary in 599
its judgment to carry out this chapter, and fix the compensation 600
thereof. All expenses thereof shall be payable solely from the
proceeds of water development revenue bonds or notes issued under 601
this chapter, from revenues, or from funds appropriated for that 602
purpose by the general assembly. 603
(N) Receive and accept from any federal agency, subject to 605
the approval of the governor, grants for or in aid of the 606
construction of any water development project or for research and 607
development with respect to waste water or water management 608
facilities, and receive and accept aid or contributions from any 609
source of money, property, labor, or other things of value, to be 610
held, used, and applied only for the purposes for which the
grants and contributions are made; 611
(O) Engage in research and development with respect to 613
waste water or water management facilities; 614
(P) Purchase fire and extended coverage and liability 616
insurance for any water development project and for the principal 617
17
office and suboffices of the authority, insurance protecting the 618
authority and its officers and employees against liability for 619
damage to property or injury to or death of persons arising from 620
its operations, and any other insurance the authority may agree
to provide under any resolution authorizing its water development 621
revenue bonds or in any trust agreement securing the same; 622
(Q) Charge, alter, and collect rentals and other charges 624
for the use or services of any water development project as 625
provided in section 6121.13 of the Revised Code; 626
(R) Provide coverage for its employees under sections 628
4123.01 to 4123.94, 4141.01 to 4141.46, and 145.01 to 145.58 AND 629
CHAPTERS 4123. AND 4141. of the Revised Code; 630
(S) Assist in the implementation and administration of the 632
drinking water assistance fund and program created in section 633
6109.22 of the Revised Code and the water pollution control loan 634
fund and program created in section 6111.036 of the Revised Code, 635
including, without limitation, performing or providing fiscal 636
management for the funds and investing and disbursing moneys in
the funds, and enter into all necessary and appropriate 637
agreements with the director of environmental protection for 638
those purposes;
(T) Issue water development revenue bonds and notes of the 640
state in principal amounts that are necessary for the purpose of 641
raising moneys for the sole benefit of the water pollution 642
control loan fund created in section 6111.036 of the Revised 643
Code, including moneys to meet the requirement for providing
matching moneys under division (D) of that section. The bonds 644
and notes may be secured by appropriate trust agreements and 645
repaid from moneys credited to the fund from payments of 646
principal and interest on loans made from the fund, as provided 647
in division (F) of section 6111.036 of the Revised Code.
(U) Issue water development revenue bonds and notes of the 649
state in principal amounts that are necessary for the purpose of 650
raising moneys for the sole benefit of the drinking water 651
18
assistance fund created in section 6109.22 of the Revised Code, 652
including moneys to meet the requirement for providing matching 653
moneys under divisions (B) and (F) of that section. The bonds
and notes may be secured by appropriate trust agreements and 654
repaid from moneys credited to the fund from payments of 655
principal and interest on loans made from the fund, as provided 656
in division (F) of section 6109.22 of the Revised Code. 657
(V) MAKE LOANS TO AND ENTER INTO AGREEMENTS WITH BOARDS OF 659
COUNTY COMMISSIONERS FOR THE PURPOSES OF SECTION 1507.071 OF THE 660
REVISED CODE AND ADOPT RULES ESTABLISHING REQUIREMENTS AND 661
PROCEDURES FOR MAKING THE LOANS AND ENTERING INTO THE AGREEMENTS; 662
(W) Do all acts necessary or proper to carry out the 664
powers expressly granted in this chapter. 666
Sec. 6121.061. The Ohio water development authority shall 675
not issue any bonds or otherwise participate in any project 676
authorized by this chapter or Chapter 6123. of the Revised Code 677
unless the contract, resolution, or other written document 678
setting forth the board's participation specifies that all wages 679
paid to laborers and mechanics employed on such THE projects 680
shall be paid at the prevailing rates of wages of laborers and 682
mechanics for the class of work called for by the project, which 683
wages shall be determined in accordance with the requirements of 684
Chapter 4115. of the Revised Code for determination of prevailing 686
wage rates, provided that the requirements of this section do not 687
apply TO LOANS MADE TO BOARDS OF COUNTY COMMISSIONERS UNDER
DIVISION (V) OF SECTION 6121.04 OF THE REVISED CODE OR where the 688
federal government or any of its agencies furnishes by loan or 690
grant all or any part of the funds used in connection with such 691
THE project and prescribes predetermined minimum wages to be paid 692
to such THE laborers and mechanics;, and provided further that 693
should IF a non-public user beneficiary of the project undertake 695
UNDERTAKES, as part of the project, construction to be performed 697
by its regular bargaining unit employees who are covered under a 698
collective bargaining agreement which THAT was in existence prior 699
19
to the date of the commitment instrument setting forth the 700
board's participation, then, in that event, the rate of pay 701
provided under the collective bargaining agreement may be paid to 702
such THOSE employees. 703
Section 2. That existing sections 317.08, 6121.01, 705
6121.04, and 6121.061 of the Revised Code are hereby repealed. 706