As Passed by the House 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
REPRESENTATIVES LOGAN-BENDER-JOLIVETTE-KREBS-GOODING-PADGETT- 9
ROMAN-DISTEL-FLANNERY-FORD-PERRY-D. MILLER-VERICH-CORE- 10
MEAD-TERWILLEGER-BRADING-BARNES-PATTON-YOUNG-JERSE-SUTTON- 11
OPFER-HARTNETT-BOYD-J. BEATTY-WILSON-CALLENDER-BARRETT- 12
GARDNER-METELSKY-DePIERO-SMITH 13
_________________________________________________________________ 14
A B I L L
To amend sections 317.08, 6121.01, 6121.04, and 16
6121.061 and to enact section 1507.071 of the 18
Revised Code to create a coastal erosion loan
program to provide financial assistance to 19
property owners for the construction of erosion
control structures in coastal erosion areas. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 317.08, 6121.01, 6121.04, and 23
6121.061 be amended and section 1507.071 of the Revised Code be 24
enacted to read as follows:
Sec. 317.08. Except as provided in division (F) of this 33
section, the county recorder shall keep six separate sets of 35
records as follows:
(A) A record of deeds, in which shall be recorded all 37
deeds and other instruments of writing for the absolute and 38
unconditional sale or conveyance of lands, tenements, and 39
hereditaments; all notices as provided for in sections 5301.47 to 40
5301.56 of the Revised Code; all judgments or decrees in actions 41
brought under section 5303.01 of the Revised Code; all 42
declarations and bylaws as provided for in Chapter 5311. of the 43
Revised Code; affidavits as provided for in section 5301.252 of 44
2
the Revised Code; all certificates as provided for in section 45
5311.17 of the Revised Code; all articles dedicating 46
archaeological preserves accepted by the director of the Ohio 47
historical society under section 149.52 of the Revised Code; all 48
articles dedicating nature preserves accepted by the director of 49
natural resources under section 1517.05 of the Revised Code; all 50
agreements for the registration of lands as archaeological or 51
historic landmarks under section 149.51 or 149.55 of the Revised 52
Code; all conveyances of conservation easements and agricultural 53
easements under section 5301.68 of the Revised Code; all 55
instruments extinguishing agricultural easements under section 56
901.21 or 5301.691 of the Revised Code or pursuant to terms of 57
such an easement granted to a charitable organization under
section 5301.68 of the Revised Code; all instruments or orders 58
described in division (B)(1)(c)(ii) of section 5301.56 of the 59
Revised Code; all no further action letters issued under section 60
3746.11 of the Revised Code; all covenants not to sue issued 61
under section 3746.12 of the Revised Code; any restrictions on 62
the use of property identified pursuant to division (C)(3) of 63
section 3746.10 of the Revised Code; and all memoranda of trust, 64
as described in division (A) of section 5301.255 of the Revised 65
Code, that describe specific real property; AND ALL AGREEMENTS 66
ENTERED INTO UNDER DIVISION (A) OF SECTION 1507.071 OF THE 67
REVISED CODE;
(B) A record of mortgages, in which shall be recorded all 69
of the following: 70
(1) All mortgages, including amendments, supplements, 72
modifications, and extensions of mortgages, or other instruments 73
of writing by which lands, tenements, or hereditaments are or may 74
be mortgaged or otherwise conditionally sold, conveyed, affected, 75
or encumbered; 76
(2) All executory installment contracts for the sale of 78
land executed after September 29, 1961, that by their terms are 79
not required to be fully performed by one or more of the parties 80
3
to them within one year of the date of the contracts; 81
(3) All options to purchase real estate, including 83
supplements, modifications, and amendments of the options, but no 84
option of that nature shall be recorded if it does not state a 85
specific day and year of expiration of its validity; 86
(4) Any tax certificate sold under section 5721.33 of the 88
Revised Code, or memorandum thereof, that is presented for filing 89
of record.
(C) A record of powers of attorney, including all 91
memoranda of trust, as described in division (A) of section 92
5301.255 of the Revised Code, that do not describe specific real 93
property; 94
(D) A record of plats, in which shall be recorded all 96
plats and maps of town lots, of the subdivision of town lots, and 97
of other divisions or surveys of lands, any center line survey of 98
a highway located within the county, the plat of which shall be 99
furnished by the director of transportation or county engineer, 100
and all drawings as provided for in Chapter 5311. of the Revised 101
Code; 102
(E) A record of leases, in which shall be recorded all 104
leases, memoranda of leases, and supplements, modifications, and 105
amendments of leases and memoranda of leases; 106
(F) A record of declarations executed pursuant to section 109
2133.02 of the Revised Code and durable powers of attorney for 111
health care executed pursuant to section 1337.12 of the Revised 112
Code. 113
All instruments or memoranda of instruments entitled to 115
record shall be recorded in the proper record in the order in 116
which they are presented for record. The recorder may index, 117
keep, and record in one volume unemployment compensation liens, 118
internal revenue tax liens and other liens in favor of the United 119
States as described in division (A) of section 317.09 of the 120
Revised Code, personal tax liens, mechanic's liens, agricultural 121
product liens, notices of liens, certificates of satisfaction or 122
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partial release of estate tax liens, discharges of recognizances, 123
excise and franchise tax liens on corporations, broker's liens, 124
and liens provided for in sections 1513.33, 1513.37, 3752.13, 126
5111.021, and 5311.18 of the Revised Code. 128
The recording of an option to purchase real estate, 130
including any supplement, modification, and amendment of the 131
option, under this section shall serve as notice to any purchaser 132
of an interest in the real estate covered by the option only 133
during the period of the validity of the option as stated in the 134
option. 135
(G) In lieu of keeping the six separate sets of records 138
required in divisions (A) to (F) of this section and the records 140
required in division (H) of this section, a county recorder may 141
record all the instruments required to be recorded by this 142
section in two separate sets of record books. One set shall be 143
called the "official records" and shall contain the instruments 144
listed in divisions (A), (B), (C), (E), (F), and (H) of this 146
section. The second set of records shall contain the instruments 147
listed in division (D) of this section. 148
(H) Except as provided in division (G) of this section, 151
the county recorder shall keep a separate set of records
containing all corrupt activity lien notices filed with the 152
recorder pursuant to section 2923.36 of the Revised Code and a 153
separate set of records containing all medicaid fraud lien 154
notices filed with the recorder pursuant to section 2933.75 of 155
the Revised Code. 156
Sec. 1507.071. (A) A BOARD OF COUNTY COMMISSIONERS MAY 159
USE A LOAN OBTAINED UNDER DIVISION (C) OF THIS SECTION TO PROVIDE 160
FINANCIAL ASSISTANCE TO ANY PERSON WHO OWNS REAL PROPERTY IN A 161
COASTAL EROSION AREA, AS DEFINED IN SECTION 1506.01 OF THE 163
REVISED CODE, AND WHO HAS RECEIVED A PERMIT UNDER SECTION 1507.04 165
OF THE REVISED CODE TO CONSTRUCT AN EROSION CONTROL STRUCTURE IN 168
THAT COASTAL EROSION AREA. THE BOARD SHALL ENTER INTO AN
AGREEMENT WITH THE PERSON THAT COMPLIES WITH ALL OF THE FOLLOWING 170
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REQUIREMENTS: 171
(1) THE AGREEMENT SHALL IDENTIFY THE PERSON'S REAL 173
PROPERTY FOR WHICH THE EROSION CONTROL STRUCTURE IS BEING 174
CONSTRUCTED AND SHALL INCLUDE A LEGAL DESCRIPTION OF THAT 175
PROPERTY AND A REFERENCE TO THE VOLUME AND PAGE OF THE DEED 176
RECORD IN WHICH THE TITLE OF THAT PERSON TO THAT PROPERTY IS
RECORDED.
(2) IN ACCORDANCE WITH RULES ADOPTED BY THE OHIO WATER 179
DEVELOPMENT AUTHORITY UNDER DIVISION (V) OF SECTION 6121.04 OF 181
THE REVISED CODE FOR THE PURPOSES OF DIVISION (C) OF THIS SECTION 184
AND PURSUANT TO AN AGREEMENT BETWEEN THE BOARD AND THE AUTHORITY 185
UNDER THAT DIVISION, THE BOARD SHALL AGREE TO CAUSE PAYMENTS TO 186
BE MADE BY THE AUTHORITY TO THE CONTRACTOR HIRED BY THE PERSON TO 188
CONSTRUCT AN EROSION CONTROL STRUCTURE IN AMOUNTS NOT TO EXCEED 189
THE TOTAL AMOUNT SPECIFIED IN THE AGREEMENT BETWEEN THE BOARD AND 190
THE PERSON.
(3) THE PERSON SHALL AGREE TO PAY TO THE BOARD, OR TO THE 192
AUTHORITY AS THE ASSIGNEE PURSUANT TO DIVISION (C) OF THIS 193
SECTION, THE TOTAL AMOUNT OF THE PAYMENTS PLUS ADMINISTRATIVE OR 194
OTHER COSTS OF THE BOARD OR THE AUTHORITY AT TIMES, IN 195
INSTALLMENTS, AND BEARING INTEREST AS SPECIFIED IN THE AGREEMENT. 196
THE AGREEMENT MAY CONTAIN ADDITIONAL PROVISIONS THAT THE 198
BOARD DETERMINES NECESSARY TO SAFEGUARD THE INTERESTS OF THE 199
COUNTY OR TO COMPLY WITH AN AGREEMENT ENTERED INTO UNDER DIVISION 200
(C) OF THIS SECTION.
(B) UPON ENTERING INTO AN AGREEMENT UNDER DIVISION (A) OF 203
THIS SECTION, THE BOARD SHALL DO ALL OF THE FOLLOWING: 204
(1) CAUSE THE AGREEMENT TO BE RECORDED IN THE COUNTY DEED 206
RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY IN 207
WHICH THE REAL PROPERTY IS SITUATED. FAILURE TO RECORD THE 208
AGREEMENT DOES NOT AFFECT THE VALIDITY OF THE AGREEMENT OR THE 209
COLLECTION OF ANY AMOUNTS DUE UNDER THE AGREEMENT. 210
(2) ESTABLISH BY RESOLUTION AN EROSION CONTROL REPAYMENT 213
FUND INTO WHICH SHALL BE DEPOSITED ALL AMOUNTS COLLECTED UNDER 214
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DIVISION (B)(3) OF THIS SECTION. MONEYS IN THAT FUND SHALL BE 215
USED BY THE BOARD FOR THE REPAYMENT OF THE LOAN AND FOR 216
ADMINISTRATIVE OR OTHER COSTS OF THE BOARD OR THE AUTHORITY AS 217
SPECIFIED IN AN AGREEMENT ENTERED INTO UNDER DIVISION (C) OF THIS 219
SECTION. IF THE AMOUNT OF MONEY IN THE FUND IS INADEQUATE TO
REPAY THE LOAN WHEN DUE, THE BOARD OF COUNTY COMMISSIONERS, BY 220
RESOLUTION, MAY ADVANCE MONEY FROM ANY OTHER FUND IN ORDER TO 221
REPAY THE LOAN IF THAT USE OF THE MONEY FROM THE OTHER FUND IS 222
NOT IN CONFLICT WITH LAW. IF THE BOARD SO ADVANCES MONEY IN 223
ORDER TO REPAY THE LOAN, THE BOARD SUBSEQUENTLY SHALL REIMBURSE 224
EACH FUND FROM WHICH THE BOARD ADVANCES MONEY WITH MONEYS FROM 225
THE EROSION CONTROL REPAYMENT FUND.
(3) BILL AND COLLECT ALL AMOUNTS WHEN DUE UNDER THE 228
AGREEMENT ENTERED INTO UNDER DIVISION (A) OF THIS SECTION. THE 229
BOARD SHALL CERTIFY AMOUNTS NOT PAID WHEN DUE TO THE COUNTY 230
AUDITOR, WHO SHALL ENTER THE AMOUNTS ON THE REAL PROPERTY TAX 231
LIST AND DUPLICATE AGAINST THE PROPERTY IDENTIFIED UNDER DIVISION 232
(A)(1) OF THIS SECTION. THE AMOUNTS NOT PAID WHEN DUE SHALL BE A 233
LIEN ON THAT PROPERTY FROM THE DATE ON WHICH THE AMOUNTS ARE 234
PLACED ON THE TAX LIST AND DUPLICATE AND SHALL BE COLLECTED IN
THE SAME MANNER AS OTHER TAXES. 235
(C) A BOARD MAY APPLY TO THE AUTHORITY FOR A LOAN FOR THE 237
PURPOSE OF ENTERING INTO AGREEMENTS UNDER DIVISION (A) OF THIS 238
SECTION. THE LOAN SHALL BE FOR AN AMOUNT AND ON THE TERMS 239
ESTABLISHED IN AN AGREEMENT BETWEEN THE BOARD AND THE AUTHORITY. 240
THE BOARD MAY ASSIGN ANY AGREEMENTS ENTERED INTO UNDER DIVISION 241
(A) OF THIS SECTION TO THE AUTHORITY IN ORDER TO PROVIDE FOR THE 242
REPAYMENT OF THE LOAN AND MAY PLEDGE ANY LAWFULLY AVAILABLE 243
REVENUES TO THE REPAYMENT OF THE LOAN, PROVIDED THAT NO MONEYS 244
RAISED BY TAXATION SHALL BE OBLIGATED OR PLEDGED BY THE BOARD FOR 245
THE REPAYMENT OF THE LOAN. ANY AGREEMENT WITH THE AUTHORITY
PURSUANT TO THIS DIVISION IS NOT SUBJECT TO CHAPTER 133. OF THE 246
REVISED CODE OR ANY REQUIREMENTS OR LIMITATIONS ESTABLISHED IN 247
THAT CHAPTER.
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(D) THE AUTHORITY, AS ASSIGNEE OF ANY AGREEMENT PURSUANT 250
TO DIVISION (C) OF THIS SECTION, MAY ENFORCE AND COMPEL THE BOARD 252
AND THE COUNTY AUDITOR BY MANDAMUS PURSUANT TO CHAPTER 2731. OF 253
THE REVISED CODE TO COMPLY WITH DIVISION (B) OF THIS SECTION IN A 255
TIMELY MANNER.
(E) THE CONSTRUCTION OF AN EROSION CONTROL STRUCTURE BY A 257
CONTRACTOR HIRED BY AN INDIVIDUAL HOMEOWNER, GROUP OF INDIVIDUAL 258
HOMEOWNERS, OR HOMEOWNERS ASSOCIATION THAT ENTERS INTO AN 259
AGREEMENT WITH A BOARD UNDER DIVISION (A) OF THIS SECTION IS NOT 260
A PUBLIC IMPROVEMENT, AS DEFINED IN SECTION 4115.03 OF THE 261
REVISED CODE, AND IS NOT SUBJECT TO COMPETITIVE BIDDING OR PUBLIC
BOND LAWS. 262
Sec. 6121.01. As used in this chapter: 271
(A) "Beneficial use" means a use of water, including the 273
method of diversion, storage, transportation, treatment, and 274
application, that is reasonable and consistent with the public 275
interest in the proper utilization of water resources, including, 276
without limitation, domestic, agricultural, industrial, power, 277
municipal, navigational, fish and wildlife, and recreational
uses.
(B) "Governmental agencies" means departments, divisions, 279
or other units of state government, watershed districts, soil and 280
water conservation districts, municipal corporations, counties, 281
townships, and other political subdivisions, special water 282
districts, including county and regional sewer and water
districts, conservancy districts, sanitary districts, sewer 283
districts, or any other public corporation or agency having the 284
authority to acquire, construct, or operate waste water or water 285
management facilities, the United States or any agency thereof, 286
and any agency, commission, or authority established pursuant to 287
an interstate compact or agreement.
(C) "Person" means any individual, firm, partnership, 289
association, or corporation, or two or more or any combination 290
thereof.
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(D) "Waters of the state" means all streams, lakes, ponds, 292
marshes, watercourses, waterways, wells, springs, irrigation 293
systems, drainage systems, and other bodies or accumulations of 294
water, surface and underground, natural or artificial, that are 295
situated wholly or partly within, or border upon, this state or 296
are within its jurisdiction, except those private waters that do
not combine or effect a junction with natural surface or 297
underground waters.
(E) "Water resources" means all waters of the state 299
occurring on the surface in natural or artificial channels, 300
lakes, reservoirs, or impoundments, and underground in subsurface 301
aquifers, that are available or may be made available to 302
agricultural, industrial, commercial, recreational, public, and
domestic users. 303
(F) "Project" or "water development project" means either 305
of the following:
(1) Any waste water facility or water management facility, 307
including undivided or other interests therein, acquired or 308
constructed or to be acquired or constructed by the Ohio water 309
development authority under this chapter, or acquired or 310
constructed or to be acquired or constructed by a governmental 311
agency or person with all or a portion of the cost thereof being 312
paid from a loan or grant from the authority under this chapter, 313
including all buildings and facilities that the authority 314
considers necessary for the operation of the project, together 315
with all property, rights, easements, and interest that may be 316
required for the operation of the project;
(2) Any project or activity qualifying for financial 318
assistance under section 6109.22, 6111.036, or 6111.037 of the 319
Revised Code.
(G) "Pollution" means the placing of any noxious or 321
deleterious substances in any waters of the state or otherwise 322
affecting the waters or properties of any waters of the state, 323
including the temperature or radioactivity thereof, in a manner 324
9
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 325
for domestic water supply, industrial, or agricultural purposes 326
or recreation.
(H) "Sewage" means any substance that contains any of the 328
waste products or excrementitious or other discharge from the 329
bodies of human beings or animals and that pollutes the waters of 330
the state or that in the absence of a waste water facility would 331
pollute or cause greater pollution of the waters of the state. 332
(I) "Industrial waste" means any liquid, gaseous, or solid 334
waste substance, heat, radioactivity, or radiation, resulting 335
from any process of industry, manufacture, trade, or business, or 336
from the development, processing, or recovery of any natural 337
resource, together with such sewage as is present, that pollutes 338
the waters of the state or that in the absence of a waste water
facility would pollute or cause greater pollution of the waters 339
of the state.
(J) "Waste water" means any water containing sewage or 341
industrial waste or other pollutants or contaminants derived from 342
the prior use of the water.
(K) "Waste water facilities" means facilities, property, 344
or the modification or replacement of property for the purpose of 346
treating, neutralizing, disposing of, stabilizing, dispersing,
cooling, segregating, or holding waste water, or for the removal, 347
reduction, containment, alteration, storage, or disposal of 348
sewage or industrial waste or substances containing sewage or 349
industrial waste, or for the prevention or reduction, or 350
reduction of the concentration, of pollution of the waters of the 351
state, including, without limitation, facilities for the 352
withdrawal of waters of the state, facilities for the treatment 353
and disposal of sewage or industrial waste and the residue 354
thereof, facilities for the temporary or permanent impoundment of 355
waste water, both surface and underground, and sanitary sewers 356
and other systems, whether on the surface or underground, 357
10
designed to transport waste water together with the equipment and 358
furnishings thereof and their appurtenances and systems, whether 359
on the surface or underground, including force mains and pumping 360
facilities therefor when necessary, and facilities or 361
expenditures that qualify as water pollution control facilities 362
under Section 103(C) (4) (F) of the Internal Revenue Code of 363
1954, as amended, and regulations adopted thereunder, and also 364
includes any property or system to be used in whole or in part 365
for any of the foregoing purposes, whether or not another purpose 366
is also IS served, and any property or system incidental to or 368
that has to do with or the end purpose of which is any of the
foregoing. Waste water facilities as defined in this division 369
for industry, commerce, distribution, or research, including 370
public utility companies, are hereby determined to be those that 371
qualify as facilities for the control of water pollution and 372
thermal pollution related to water under Section 13 of Article 373
VIII, Ohio Constitution.
(L) "Water management facilities" means facilities for the 375
development, use, and protection of water resources, including, 376
without limitation, facilities for water supply, facilities for 377
stream flow improvement, dams, reservoirs, and other 378
impoundments, water transmission lines, water wells and well 379
fields, pumping stations and works for underground water 380
recharge, facilities for the management and treatment of storm 381
water, stream monitoring systems, facilities for the 382
stabilization of stream and river banks AND COASTAL EROSION 383
AREAS, AS DEFINED IN SECTION 1506.01 OF THE REVISED CODE, and 384
facilities for the treatment of streams and rivers, including, 385
without limitation, facilities for the removal of oil, debris, 386
and other solid waste from the waters of the state and stream and 387
river aeration facilities.
(M) "Cost" as applied to A water development project means 389
the cost of acquisition and construction, the cost of acquisition 390
of all land, rights-of-way, property rights, easements, franchise 391
11
rights, and interests required for that acquisition and 392
construction, the cost of demolishing or removing any buildings 393
or structures on land so acquired, including the cost of 394
acquiring any lands to which the buildings or structures may be 396
moved, the cost of acquiring or constructing and equipping a
principal office and sub-offices of the authority, the cost of 397
diverting highways, interchange of highways, or access roads to 398
private property, including the cost of land or easements 399
therefor, the cost of all machinery, furnishings, and equipment, 400
financing charges, interest prior to and during construction and 401
for no more than eighteen months after completion of 402
construction, engineering costs, expenses of research and 403
development with respect to waste water or water management 404
facilities, legal expenses, the cost of plans, specifications, 405
and surveys, estimates of cost and revenues, working capital, 406
other expenses necessary or incident to determining the 407
feasibility or practicability of acquiring or constructing any 408
such project, administrative expense, and such other expense as 410
THAT may be necessary or incident to the acquisition or
construction of the project, the financing of the acquisition or 413
construction including the amount authorized in the resolution of 414
the authority providing for the issuance of water development 415
revenue bonds to be paid into any special funds from the proceeds 416
of the bonds, and the financing of the placing of any such
project in operation. Any obligation, cost, or expense incurred 417
by any governmental agency or person for surveys, borings, 418
preparation of plans and specifications, and other engineering 419
services, or any other costs described above, in connection with 420
the acquisition or construction of a project may be regarded as a 421
part of the cost of the project and may be reimbursed out of the
proceeds of water development revenue bonds as authorized by this 422
chapter.
(N) "Owner" includes all individuals, copartnerships, 424
associations, corporations, or governmental agencies having any 425
12
title or interest in any property rights, easements, and 426
interests authorized to be acquired by this chapter. 427
(O) "Revenues" means all rentals and other charges for the 429
use or services of any water development project, any gift or 430
grant received with respect thereto, including, without 431
limitation, any moneys received by the authority pursuant to an 432
agreement entered into under section 6109.22, 6111.036, or
6111.037 of the Revised Code, any moneys received with respect to 433
the lease, sublease, sale, including installment sale or 434
conditional sale, or other disposition of a project, moneys 435
received in repayment of and for interest on any loan made by the 436
authority to a person or governmental agency, whether from the 437
United States or a department, administration, or agency thereof,
or otherwise, proceeds of bonds to the extent that use thereof 438
for payment of principal of, premium if any, or interest on the 439
bonds is authorized by the authority, proceeds from any 440
insurance, condemnation, or guaranty pertaining to a project or 441
property mortgaged to secure bonds or pertaining to the financing 442
of the project, and income and profit from the investment of the
proceeds of water development revenue bonds or of any revenues. 443
(P) "Public roads" includes all public highways, roads, 445
and streets in the state whether maintained by the state, OR A 446
county, municipal corporation, township, or other political 448
subdivision.
(Q) "Public utility facilities" includes tracks, pipes, 450
mains, conduits, cables, wires, towers, poles, and other 451
equipment and appliances of any public utility. 452
(R) "Construction," unless the context indicates a 454
different meaning or intent, includes reconstruction, 455
enlargement, improvement, or providing furnishings or equipment. 456
(S) "Water development revenue bonds," unless the context 458
indicates a different meaning or intent, includes water 459
development revenue notes, water development revenue renewal 460
notes, and water development revenue refunding bonds, except that 461
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notes issued in anticipation of the issuance of bonds shall have 462
a maximum maturity of five years as provided in section 6121.06
of the Revised Code and notes or renewal notes issued as the 463
definitive obligation may be issued maturing at such THE time or 464
times as THAT the authority determines with a maximum maturity of 466
forty years from the date of issuance of the original note. 467
Sec. 6121.04. The Ohio water development authority may do 476
any or all of the following: 477
(A) Adopt bylaws for the regulation of its affairs and the 479
conduct of its business; 480
(B) Adopt an official seal; 482
(C) Maintain a principal office and suboffices at places 484
within the state that it designates; 485
(D) Sue and plead in its own name, and be sued and 487
impleaded in its own name with respect to its contracts or torts 489
of its members, employees, or agents acting within the scope of 490
their employment, or to enforce its obligations and covenants 491
made under sections 6121.06, 6121.08, and 6121.13 of the Revised
Code. Any such actions against the authority shall be brought in 492
the court of common pleas of the county in which the principal 493
office of the authority is located or in the court of common 494
pleas of the county in which the cause of action arose, provided 495
that the county is located within this state, and all summonses, 496
exceptions, and notices of every kind shall be served on the
authority by leaving a copy thereof at the principal office with 497
the person in charge thereof or with the secretary-treasurer of 498
the authority.
(E) Make loans and grants to governmental agencies for the 500
acquisition or construction of water development projects by any 501
such governmental agency and adopt rules and procedures for 502
making such loans and grants;
(F) Acquire, construct, reconstruct, enlarge, improve, 504
furnish, equip, maintain, repair, operate, or lease or rent to, 505
or contract for operation by, a governmental agency or person, 506
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water development projects, and establish rules for the use of 507
such THOSE projects;
(G) Make available the use or services of any water 509
development project to one or more persons, one or more 510
governmental agencies, or any combination thereof; 511
(H) Issue water development revenue bonds and notes and 513
water development revenue refunding bonds of the state, payable 514
solely from revenues as provided in section 6121.06 of the 515
Revised Code, unless the bonds are refunded by refunding bonds, 516
for the purpose of paying any part of the cost of one or more
water development projects or parts thereof; 517
(I) Acquire by gift or purchase, hold, and dispose of real 519
and personal property in the exercise of its powers and the 520
performance of its duties under this chapter; 521
(J) Acquire, in the name of the state, by purchase or 523
otherwise, on such terms and in such THE manner as THAT it 525
considers proper, or by the exercise of the right of condemnation 527
in the manner provided by section 6121.18 of the Revised Code, 528
such public or private lands, including public parks,
playgrounds, or reservations, or parts thereof or rights therein, 530
rights-of-way, property, rights, easements, and interests as THAT 531
it considers necessary for carrying out this chapter, but 533
excluding the acquisition by the exercise of the right of
condemnation of any waste water facility or water management 534
facility owned by any person or governmental agency, and 535
compensation shall be paid for public or private lands so taken, 536
except that a government-owned waste water facility may be 537
appropriated in accordance with section 6121.041 of the Revised
Code;
(K) Adopt rules to protect augmented flow in waters of the 539
state, to the extent augmented by a water development project, 540
from depletion so it will be available for beneficial use, and to 541
provide standards for the withdrawal from waters of the state of 542
the augmented flow created by a water development project that is 543
15
not returned to the waters of the state so augmented and to
establish reasonable charges therefor if considered necessary by 544
the authority; 545
(L) Make and enter into all contracts and agreements and 547
execute all instruments necessary or incidental to the 548
performance of its duties and the execution of its powers under 549
this chapter in accordance with the following requirements: 550
(1) When the cost under any such contract or agreement, 552
other than compensation for personal services, involves an 553
expenditure of more than ten thousand dollars, the authority 554
shall make a written contract with the lowest responsive and 555
responsible bidder, in accordance with section 9.312 of the
Revised Code, after advertisement for not less than two 556
consecutive weeks in a newspaper of general circulation in 557
Franklin county, and in such other publications as THAT the 558
authority determines, which shall state the general character of 560
the work and the general character of the materials to be
furnished, the place where plans and specifications therefor may 561
be examined, and the time and place of receiving bids, provided 562
that a contract or lease for the operation of a water development 563
project constructed and owned by the authority or an agreement 564
for cooperation in the acquisition or construction of a water 565
development project pursuant to section 6121.13 of the Revised
Code or any contract for the construction of a water development 566
project that is to be leased by the authority to, and operated 567
by, persons who are not governmental agencies and the cost of the 568
project is to be amortized exclusively from rentals or other 569
charges paid to the authority by persons who are not governmental 570
agencies is not subject to the foregoing requirements and the 571
authority may enter into such a contract or lease or such an
agreement pursuant to negotiation and upon such terms and 572
conditions and for such THE period as THAT it finds to be 575
reasonable and proper in the circumstances and in the best 576
interests of proper operation or of efficient acquisition or 577
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construction of the project. 578
(2) Each bid for a contract for the construction, 580
demolition, alteration, repair, or reconstruction of an 581
improvement shall contain the full name of every person 582
interested in it and shall meet the requirements of section
153.54 of the Revised Code. 583
(3) Each bid for a contract except as provided in division 585
(L)(2) of this section shall contain the full name of every 586
person or company interested in it and shall be accompanied by a 587
sufficient bond or certified check on a solvent bank that if the 588
bid is accepted, a contract will be entered into and the 589
performance thereof secured.
(4) The authority may reject any and all bids. 591
(5) A bond with good and sufficient surety, approved by 593
the authority, shall be required of every contractor awarded a 594
contract except as provided in division (L)(2) of this section, 595
in an amount equal to at least fifty per cent of the contract 596
price, conditioned upon the faithful performance of the contract. 597
(M) Employ managers, superintendents, and other employees 599
and retain or contract with consulting engineers, financial 600
consultants, accounting experts, architects, attorneys, and other 601
consultants and independent contractors as THAT are necessary in 603
its judgment to carry out this chapter, and fix the compensation 604
thereof. All expenses thereof shall be payable solely from the
proceeds of water development revenue bonds or notes issued under 605
this chapter, from revenues, or from funds appropriated for that 606
purpose by the general assembly. 607
(N) Receive and accept from any federal agency, subject to 609
the approval of the governor, grants for or in aid of the 610
construction of any water development project or for research and 611
development with respect to waste water or water management 612
facilities, and receive and accept aid or contributions from any 613
source of money, property, labor, or other things of value, to be 614
held, used, and applied only for the purposes for which the
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grants and contributions are made; 615
(O) Engage in research and development with respect to 617
waste water or water management facilities; 618
(P) Purchase fire and extended coverage and liability 620
insurance for any water development project and for the principal 621
office and suboffices of the authority, insurance protecting the 622
authority and its officers and employees against liability for 623
damage to property or injury to or death of persons arising from 624
its operations, and any other insurance the authority may agree
to provide under any resolution authorizing its water development 625
revenue bonds or in any trust agreement securing the same; 626
(Q) Charge, alter, and collect rentals and other charges 628
for the use or services of any water development project as 629
provided in section 6121.13 of the Revised Code; 630
(R) Provide coverage for its employees under sections 632
4123.01 to 4123.94, 4141.01 to 4141.46, and 145.01 to 145.58 AND 633
CHAPTERS 4123. AND 4141. of the Revised Code; 634
(S) Assist in the implementation and administration of the 636
drinking water assistance fund and program created in section 637
6109.22 of the Revised Code and the water pollution control loan 638
fund and program created in section 6111.036 of the Revised Code, 639
including, without limitation, performing or providing fiscal 640
management for the funds and investing and disbursing moneys in
the funds, and enter into all necessary and appropriate 641
agreements with the director of environmental protection for 642
those purposes;
(T) 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 water pollution 646
control loan fund created in section 6111.036 of the Revised 647
Code, including moneys to meet the requirement for providing
matching moneys under division (D) of that section. The bonds 648
and notes may be secured by appropriate trust agreements and 649
repaid from moneys credited to the fund from payments of 650
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principal and interest on loans made from the fund, as provided 651
in division (F) of section 6111.036 of the Revised Code.
(U) Issue water development revenue bonds and notes of the 653
state in principal amounts that are necessary for the purpose of 654
raising moneys for the sole benefit of the drinking water 655
assistance fund created in section 6109.22 of the Revised Code, 656
including moneys to meet the requirement for providing matching 657
moneys under divisions (B) and (F) of that section. The bonds
and notes may be secured by appropriate trust agreements and 658
repaid from moneys credited to the fund from payments of 659
principal and interest on loans made from the fund, as provided 660
in division (F) of section 6109.22 of the Revised Code. 661
(V) MAKE LOANS TO AND ENTER INTO AGREEMENTS WITH BOARDS OF 663
COUNTY COMMISSIONERS FOR THE PURPOSES OF SECTION 1507.071 OF THE 664
REVISED CODE AND ADOPT RULES ESTABLISHING REQUIREMENTS AND 665
PROCEDURES FOR MAKING THE LOANS AND ENTERING INTO THE AGREEMENTS; 666
(W) Do all acts necessary or proper to carry out the 668
powers expressly granted in this chapter. 670
Sec. 6121.061. The Ohio water development authority shall 679
not issue any bonds or otherwise participate in any project 680
authorized by this chapter or Chapter 6123. of the Revised Code 681
unless the contract, resolution, or other written document 682
setting forth the board's participation specifies that all wages 683
paid to laborers and mechanics employed on such THE projects 684
shall be paid at the prevailing rates of wages of laborers and 686
mechanics for the class of work called for by the project, which 687
wages shall be determined in accordance with the requirements of 688
Chapter 4115. of the Revised Code for determination of prevailing 690
wage rates, provided that the requirements of this section do not 691
apply TO LOANS MADE TO BOARDS OF COUNTY COMMISSIONERS UNDER
DIVISION (V) OF SECTION 6121.04 OF THE REVISED CODE OR where the 692
federal government or any of its agencies furnishes by loan or 694
grant all or any part of the funds used in connection with such 695
THE project and prescribes predetermined minimum wages to be paid 696
19
to such THE laborers and mechanics;, and provided further that 697
should IF a non-public user beneficiary of the project undertake 699
UNDERTAKES, as part of the project, construction to be performed 701
by its regular bargaining unit employees who are covered under a 702
collective bargaining agreement which THAT was in existence prior 703
to the date of the commitment instrument setting forth the 704
board's participation, then, in that event, the rate of pay 705
provided under the collective bargaining agreement may be paid to 706
such THOSE employees. 707
Section 2. That existing sections 317.08, 6121.01, 709
6121.04, and 6121.061 of the Revised Code are hereby repealed. 710