As Introduced

125th General Assembly
Regular Session
2003-2004
H. B. No. 81


Representative Core 


A BILL
To amend section 1724.10 of the Revised Code to 1
specify that a community improvement corporation 2
designated as the agency of a political 3
subdivision may be authorized to take certain 4
other actions on behalf of the political 5
subdivision and retains certain statutory powers 6
to do all things necessary or convenient to carry 7
out its organizational purposes.8


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 1724.10 of the Revised Code be 9
amended to read as follows:10

       Sec. 1724.10. (A) A community improvement corporation may be11
designated by a county, one or more townships, one or more12
municipal corporations, two or more adjoining counties, or any13
combination of the foregoingthose political subdivisions as the 14
agency of each suchdesignating political subdivision for the15
industrial, commercial, distribution, and research development in 16
suchthe political subdivision when the legislative authority of 17
suchthe political subdivision has determined that the policy of 18
the political subdivision is to promote the health, safety, 19
morals, and general welfare of its inhabitants through the 20
designation of a community improvement corporation as such an21
agency. SuchThe designation shall be made by the legislative 22
authority of the political subdivision by resolution or ordinance. 23
Any24

       (B) Any political subdivision whichthat has designated a 25
community improvement corporation as such an agency may enter into 26
an agreement with it to provide any one or more of the following:27

       (A)(1) That the community improvement corporation shall28
prepare a plan for the political subdivision of industrial,29
commercial, distribution, and research development, and suchthe30
plan shall provide thereinin it the extent to which the community31
improvement corporation shall participate as the agency of the32
political subdivision in carrying it out such plan. SuchThe plan 33
shall be confirmed by the legislative authority of the political34
subdivision. A35

       A community improvement corporation may insure mortgage 36
payments required by a first mortgage on any industrial, economic, 37
commercial, or civic property for which funds have been loaned by 38
any person, corporation, bank, or financial or lending institution 39
upon suchthe terms and conditions as the community improvement 40
corporation may prescribe. A community improvement corporation may 41
incur debt, mortgage its property acquired under this section or 42
otherwise, and issue its obligations, for the purpose of 43
acquiring, constructing, improving, and equipping buildings, 44
structures, and other properties, and acquiring sites thereforfor 45
buildings, structures, and other properties, for lease or sale by 46
the community improvement corporation in order to carry out its 47
participation in suchthe plan. Any such debt shall be solely that 48
of the community improvement corporation and shall not be secured 49
by the pledge of any moneys received or to be received from any 50
political subdivision. All revenue bonds issued under sections 51
1724.02 and 1724.10 of the Revised Codethis chapter are lawful 52
investments of banks, savings and loan associations, deposit 53
guarantee associations, trust companies, trustees, fiduciaries, 54
trustees or other officers having charge of sinking or bond 55
retirement funds of municipal corporations and other political56
subdivisions of the state, and of domestic insurance companies57
notwithstanding sections 3907.14 and 3925.08 of the Revised Code.58
Not less than two-fifths of the governing board of any community59
improvement corporation designated as the agency of one or more60
political subdivisions shall be composed of mayors, members of61
municipal legislative authorities, members of boards of township62
trustees, members of boards of county commissioners, or any other63
appointed or elected officers of such political subdivisions,64
provided that at least one officer from each political subdivision 65
shall be a member of the governing board. Membership on the 66
governing board of a community improvement corporation does not 67
constitute the holding of a public office or employment within the 68
meaning of sections 731.02 and 731.12 of the Revised Code or any 69
other section of the Revised Code. Membership on such governing 70
boards shall not constitute an interest, either direct or 71
indirect, in a contract or expenditure of money by any municipal 72
corporation, township, county, or other political subdivision. No 73
member of such governing boards shall be disqualified from holding 74
any public office or employment, nor shall such member forfeit any 75
such office or employment, by reason of his membership on the 76
governing board of a community improvement corporation 77
notwithstanding any law to the contrary.78

       Actions taken under this section shall be in accordance with 79
any applicable planning or zoning regulations.80

       Any agreement entered into under this section may be amended 81
or supplemented from time to time by the parties thereto.82

       A community improvement corporation designated as the agency 83
of a political subdivision under this section shall promote and 84
encourage the establishment and growth in such subdivision of 85
industrial, commercial, distribution, and research facilities.86

       (B)(2) Authorization for the community improvement87
corporation to sell or to lease any lands or interests in lands88
owned by the political subdivision determined from time to time by 89
theits legislative authority thereof not to be required by such90
the political subdivision for its purposes, for uses determined by91
the legislative authority as those that will promote the welfare92
of the people of the political subdivision, stabilize the economy, 93
provide employment, and assist in the development of industrial, 94
commercial, distribution, and research activities to the benefit 95
of the people of the political subdivision, and will provide 96
additional opportunities for their gainful employment. The 97
legislative authority shall specify the consideration for such a98
sale or lease and any other terms thereofof the sale or lease. 99
Any determinations made by the legislative authority under this100
division shall be conclusive. The101

       The community improvement corporation, acting through its 102
officers and on behalf and as agent of the political subdivision,103
shall execute the necessary instruments, including deeds conveying 104
the title of the political subdivision or leases, to accomplish 105
such a sale or lease. Such a conveyance or lease shall be made 106
without advertising and receipt of bids. A107

       A copy of suchthe agreement providing the authorization 108
described in this division shall be recorded in the office of the 109
county recorder of any county in which lands or interests in lands 110
to be sold or leased are situated prior to the recording of a deed 111
or lease executed pursuant to suchthe agreement. The county 112
recorder shall charge the same fee for the recording, indexing, or 113
making of a certified copy thereofof the agreement as provided in114
section 317.32 of the Revised Code.115

       (C)(3) That the political subdivision executing the agreement116
will convey or lease to the community improvement corporation 117
lands andor interests in lands owned by the political subdivision 118
and determined by thethat its legislative authority thereof119
determines are not to be required by the political subdivision for 120
its purposes and that such, the conveyance or lease of such land 121
or interests in landwhich will promote the welfare of the people 122
of the political subdivision, stabilize the economy, provide 123
employment, and assist in the development of industrial, 124
commercial, distribution, and research activities to the benefit 125
of the people of the political subdivision, and provide additional 126
opportunities for their gainful employment, for the consideration 127
and upon the terms established in the agreement, and further that,128
as the agency for development, the community improvement 129
corporation may acquire from others additional lands or interests 130
in lands, and any lands or interests in landlands so conveyed or 131
leased to the community improvement corporation may be sold or 132
leased by it for uses that will promote the welfare of the people 133
of the political subdivision, stabilize the economy, provide 134
employment, and assist in the development of industrial, 135
commercial, distribution, and research activities required for the 136
people of the political subdivision and for their gainful 137
employment. Any conveyance or lease by the political subdivision 138
to the community improvement corporation shall be made without 139
advertising and receipt of bids. If any lands or interests in land140
lands conveyed by a political subdivision under this division are 141
sold by the community improvement corporation at a price in excess 142
of the consideration received by the political subdivision from 143
the community improvement corporation, suchthe excess shall be 144
paid to suchthe political subdivision after deducting, to the 145
extent and in the manner provided in the agreement, the costs of 146
such acquisition and sale, taxes, assessments, costs of 147
maintenance, costs of improvements to the land by the community 148
improvement corporation, service fees, and any debt service 149
charges of the corporation attributable to suchthe land or 150
interests.151

       (4) Authorization for the community improvement corporation 152
to take any other actions on behalf of the political subdivision 153
that are consistent with the purposes of this chapter.154

       (C) Not less than two-fifths of the governing board of any 155
community improvement corporation designated as the agency of one 156
or more political subdivisions shall be composed of mayors, 157
members of municipal legislative authorities, members of boards of 158
township trustees, members of boards of county commissioners, or 159
any other appointed or elected officers of the designating 160
political subdivisions, and at least one officer from each 161
designating political subdivision shall be a member of the 162
governing board. Membership on the governing board does not 163
constitute the holding of a public office or employment within the 164
meaning of sections 731.02 and 731.12 or any other section of the 165
Revised Code. Membership on the governing board also does not 166
constitute an interest, either direct or indirect, in a contract 167
or expenditure of money by any municipal corporation, township, 168
county, or other political subdivision. No member of the governing 169
board shall be disqualified from holding any public office or 170
employment, or forfeit any public office or employment, by reason 171
of membership on the governing board notwithstanding any law to 172
the contrary.173

       (D) Actions taken under this section shall be in accordance174
with any applicable planning or zoning regulations.175

       (E) Any agreement entered into under this section may be176
amended or supplemented from time to time by the parties to it.177

       (F)(1) A community improvement corporation designated as the178
agency of a political subdivision under this section shall promote 179
and encourage the establishment and growth in that political180
subdivision of industrial, commercial, distribution, and research181
facilities.182

       (2) A community improvement corporation that enters into an 183
agreement under this section retains the powers listed in section 184
1724.02 of the Revised Code to do all things necessary or 185
convenient to carry out the purposes stated in section 1724.01 of 186
the Revised Code.187

       Section 2. That existing section 1724.10 of the Revised Code 188
is hereby repealed.189