| Section 1. That sections 121.08, 164.07, 166.02, 176.011, | 14 |
| 307.022, 307.671, 307.673, 307.674, 307.696, 351.06, 1311.25, | 15 |
| 1509.071, 1521.26, 1551.33,
1710.02, 1728.07, 3383.07, 4116.01, | 16 |
| 4582.12, 5540.03, and 6117.012 of the Revised Code be
amended to | 17 |
| read as follows: | 18 |
| Sec. 121.08. (A) There is hereby created in the
department | 19 |
|
of commerce the position of deputy director of
administration. | 20 |
|
This officer shall be appointed by the director of commerce,
serve | 21 |
|
under the director's direction,
supervision, and control, perform
| 22 |
| the duties the director
prescribes, and hold office during the | 23 |
|
director's pleasure.
The director of commerce may designate an | 24 |
|
assistant director of
commerce to serve as the deputy director of | 25 |
|
administration. The deputy director of administration shall | 26 |
|
perform the
duties prescribed by the director of commerce
in | 27 |
| supervising the
activities of the division of administration of | 28 |
|
the department of
commerce. | 29 |
| (B) Except as provided in section 121.07 of the Revised
Code, | 30 |
|
the department of commerce shall have all powers and perform
all | 31 |
|
duties vested in the deputy director of administration, the
state | 32 |
| fire
marshal,
the superintendent of financial institutions,
the | 33 |
| superintendent of real
estate and professional licensing, the | 34 |
|
superintendent of liquor control, the superintendent of | 35 |
|
industrial compliance, the superintendent of labor and
worker | 36 |
|
safety, the superintendent of unclaimed funds, and the | 37 |
| commissioner of
securities, and shall have
all powers and perform | 38 |
| all duties
vested by law in all officers,
deputies, and employees | 39 |
| of those
offices. Except as provided in
section 121.07 of the | 40 |
| Revised
Code, wherever powers are conferred
or duties imposed upon | 41 |
| any of
those officers, the powers and
duties shall be construed as | 42 |
|
vested in the department of commerce. | 43 |
| (2) All provisions of law governing the superintendent of | 53 |
|
financial institutions
shall apply to and govern the | 54 |
|
superintendent of financial institutions
provided
for in this | 55 |
|
section; all authority vested by law in the
superintendent of | 56 |
|
financial institutions with respect to the
management of the | 57 |
|
division of financial institutions shall be construed as vested in | 58 |
|
the
superintendent of financial institutions created by this | 59 |
|
section
with respect to
the division of financial institutions | 60 |
|
provided for in this
section; and all
rights, privileges, and | 61 |
|
emoluments conferred by law upon the
superintendent of financial | 62 |
|
institutions shall be construed as
conferred upon the | 63 |
|
superintendent of financial institutions as head of the division | 64 |
|
of financial institutions. The
director of commerce shall not | 65 |
|
transfer from the division of financial
institutions any of the | 66 |
|
functions specified in division
(C)(2) of this
section. | 67 |
| (F) The director of commerce shall not have any official | 81 |
|
connection
with a savings and
loan association, a savings bank, a | 82 |
|
bank, a bank holding company, a savings
and loan association | 83 |
|
holding company, a consumer finance company, or a credit
union | 84 |
|
that is under the supervision of the division of financial | 85 |
|
institutions, or a subsidiary of any
of the preceding entities, or | 86 |
|
be interested in the business thereof. | 87 |
| (H) There is hereby created in the department of commerce a | 95 |
|
division of real
estate and professional licensing, which shall be | 96 |
|
under the control and
supervision of the director of commerce.
The | 97 |
| division of real estate and
professional licensing shall be | 98 |
|
administered by the superintendent of real
estate and professional | 99 |
|
licensing. The superintendent of real estate and
professional | 100 |
|
licensing shall exercise the powers and perform the functions and | 101 |
|
duties delegated to the superintendent under Chapters
4735., | 102 |
|
4763., and 4767. of the Revised Code. | 103 |
| (I) There is hereby created in the department of commerce a | 104 |
|
division
of labor and worker safety, which shall have all powers | 105 |
|
and perform all
duties vested by law in the superintendent of | 106 |
|
labor and worker safety.
Wherever powers are conferred or duties | 107 |
|
imposed upon the superintendent
of labor and worker safety, those | 108 |
|
powers and duties shall be
construed as vested in the division of | 109 |
|
labor and worker safety.
The division of labor and worker safety
| 110 |
| shall be under the control
and supervision of the director of | 111 |
| commerce
and be administered by the
superintendent of labor and | 112 |
| worker safety.
The superintendent of
labor and worker safety shall | 113 |
| exercise the
powers and perform the
duties delegated to the | 114 |
superintendent by
the director under
Chapters
4109.,and
4111., | 115 |
and
4115. of the
Revised Code. | 116 |
| (J) There is hereby created in the department of commerce a | 117 |
|
division of unclaimed funds, which shall have all powers and | 118 |
|
perform all duties delegated to or vested by law in the | 119 |
|
superintendent of unclaimed funds. Wherever powers are conferred | 120 |
|
or duties imposed upon the superintendent of unclaimed funds, | 121 |
|
those powers and duties shall be construed as vested in the | 122 |
|
division of unclaimed funds. The division of unclaimed funds
shall | 123 |
| be under the control and supervision of the director of
commerce | 124 |
| and shall be administered by the superintendent of
unclaimed | 125 |
| funds. The superintendent of unclaimed funds shall
exercise the | 126 |
| powers and perform the functions and duties delegated
to the | 127 |
| superintendent by the director of commerce under section
121.07 | 128 |
| and Chapter 169. of the Revised Code, and as may otherwise
be | 129 |
| provided by law. | 130 |
| (K) The department of commerce or a division of the | 131 |
| department created by the Revised Code that is acting with | 132 |
| authorization on the department's behalf may request from the | 133 |
| bureau of criminal identification and
investigation pursuant to | 134 |
| section 109.572 of the Revised Code, or
coordinate with | 135 |
| appropriate federal, state, and local government
agencies to | 136 |
| accomplish, criminal records checks for the persons
whose | 137 |
| identities are required to be disclosed by an applicant for
the | 138 |
| issuance or transfer of a permit, license, certificate of | 139 |
| registration, or certification issued or transferred by the | 140 |
| department or division. At or before
the time of making a request | 141 |
| for a criminal
records check, the
department or division may | 142 |
| require any person whose identity is required to be
disclosed by | 143 |
| an applicant for the issuance or transfer of
such a license, | 144 |
| permit, certificate of registration, or certification to submit to | 145 |
|
the department or division valid fingerprint
impressions in a | 146 |
| format and by any
media or means acceptable to
the bureau of | 147 |
| criminal identification
and investigation and, when
applicable, | 148 |
| the federal bureau of
investigation. The department or division | 149 |
| may
cause the bureau of criminal identification and investigation | 150 |
| to
conduct a criminal records check through the federal bureau of | 151 |
|
investigation only if the person for whom the criminal records | 152 |
|
check would be conducted resides or works outside of this state or | 153 |
|
has resided or worked outside of this state during the preceding | 154 |
|
five years, or if a criminal records check conducted by the bureau | 155 |
|
of criminal identification and investigation within this state | 156 |
|
indicates that the person may have a criminal record outside of | 157 |
|
this state. | 158 |
|
In the case of a criminal records check under section
109.572 | 159 |
| of the Revised Code, the department or division shall forward to | 160 |
| the
bureau of criminal identification and investigation the | 161 |
| requisite
form, fingerprint impressions, and fee described in | 162 |
| division (C)
of that section. When requested by the department or | 163 |
| division in accordance
with this section, the bureau of
criminal | 164 |
| identification and
investigation shall request from the
federal | 165 |
| bureau of
investigation any information it has with
respect to the | 166 |
| person
who is the subject of the requested criminal
records check | 167 |
| and
shall forward the requisite fingerprint
impressions and | 168 |
|
information to the federal bureau of investigation
for that | 169 |
|
criminal records check. After conducting a criminal
records check | 170 |
|
or receiving the results of a criminal records check
from the | 171 |
|
federal bureau of investigation, the bureau of criminal | 172 |
|
identification and investigation shall provide the results to the | 173 |
|
department or division. | 174 |
| Sec. 166.02. (A) The general assembly finds that many
local | 193 |
|
areas throughout the state are experiencing economic
stagnation or | 194 |
|
decline, and that the economic development program
provided for
in | 195 |
| sections 166.01 to 166.11 of the Revised Code will
constitute
a | 196 |
| deserved,
necessary reinvestment by the state in
those areas, | 197 |
|
materially
contribute to their economic
revitalization, and
result | 198 |
| in
improving the economic welfare of
all the people of the
state. | 199 |
|
Accordingly, it is declared to be the
public policy of
the state, | 200 |
|
through the operations under
sections 166.01 to 166.11 of the | 201 |
|
Revised Code and
other
applicable laws adopted pursuant to
Section | 202 |
| 13 of Article
VIII,
Ohio Constitution, and other
authority vested | 203 |
| in the general
assembly, to assist in and
facilitate the | 204 |
| establishment or
development of eligible projects
or assist and | 205 |
| cooperate with any
governmental agency in achieving
such purpose. | 206 |
| (1) After
consultation with appropriate governmental | 209 |
|
agencies, enter into
agreements with persons engaged in industry, | 210 |
|
commerce,
distribution, or research and with governmental agencies | 211 |
|
to
induce such persons to acquire, construct, reconstruct, | 212 |
|
rehabilitate, renovate, enlarge, improve, equip, or furnish, or | 213 |
|
otherwise develop, eligible projects and make provision therein | 214 |
|
for project facilities and governmental actions, as authorized by | 215 |
|
this chapter and other applicable laws, subject to any required | 216 |
|
actions by the general assembly or the controlling board and | 217 |
|
subject to applicable local government laws and regulations; | 218 |
| (4) Subject to release thereof by the controlling board,
from | 227 |
| moneys in the facilities establishment fund acquire or
contract to | 228 |
| acquire by gift, exchange, or purchase, including the
obtaining | 229 |
| and exercise of purchase options, property, and convey
or | 230 |
| otherwise dispose of, or provide for the conveyance or
disposition | 231 |
| of, property so acquired or contracted to be acquired
by sale, | 232 |
| exchange, lease, lease purchase, conditional or
installment sale, | 233 |
| transfer, or other disposition, including the
grant of an option | 234 |
| to purchase, to any governmental agency or to
any other person | 235 |
| without necessity for competitive bidding and
upon such terms and | 236 |
| conditions and manner of consideration
pursuant to and as the | 237 |
| director determines to be appropriate to
satisfy the objectives of
| 238 |
|
sections 166.01 to 166.11
of the Revised Code; | 239 |
| (D) Except as otherwise prescribed in Chapter 166. of the | 264 |
|
Revised Code, all expenses and obligations incurred by the | 265 |
|
director in carrying out
the director's powers and in
exercising
| 266 |
|
the director's duties
under Chapter 166. of
the Revised Code, | 267 |
| shall be payable solely
from, as appropriate,
moneys in the | 268 |
| facilities establishment
fund, the loan guarantee
fund,
the | 269 |
| innovation Ohio loan guarantee fund, the innovation Ohio
loan | 270 |
| fund, the research and development loan fund, or moneys | 271 |
| appropriated for such
purpose by the general
assembly. Chapter | 272 |
| 166. of the Revised
Code does not authorize the
director or the | 273 |
| issuing authority
under section 166.08 of the
Revised Code to | 274 |
| incur bonded
indebtedness of the state or any
political | 275 |
| subdivision thereof,
or to obligate or pledge moneys
raised by | 276 |
| taxation for the
payment of any bonds or notes issued or | 277 |
|
guarantees made pursuant
to Chapter 166. of the Revised Code. | 278 |
(E)
No financial
assistance for
project facilities shall
be | 279 |
provided under this
chapter unless the
provisions of the
agreement | 280 |
providing for such
assistance specify
that all wages
paid to | 281 |
laborers and mechanics
employed on such
project
facilities for | 282 |
which the assistance is
granted shall be
paid at
the prevailing | 283 |
rates of wages of laborers
and mechanics
for the
class of work | 284 |
called for by such project
facilities, which
wages
shall be | 285 |
determined in accordance with the
requirements of
Chapter 4115. of | 286 |
the Revised Code for
determination of prevailing
wage rates, | 287 |
provided that the
requirements of this division do
not
apply where | 288 |
the federal
government or any of its agencies
provides
financing | 289 |
assistance as
to all or any part of the funds
used in
connection | 290 |
with such
project facilities and prescribes
predetermined minimum | 291 |
wages to
be paid to such laborers and
mechanics; and provided | 292 |
further that
should a nonpublic user
beneficiary of the eligible | 293 |
project
undertake, as part of the
eligible project, construction | 294 |
to be
performed by its regular
bargaining unit employees who are | 295 |
covered
under a collective
bargaining agreement which was in | 296 |
existence
prior to the date of
the document authorizing such | 297 |
assistance
then, in that event, the
rate of pay provided under the | 298 |
collective
bargaining agreement
may
be paid to such employees. | 299 |
(F) Any governmental agency may enter into an agreement
with | 300 |
|
the director, any other governmental agency, or a person to
be | 301 |
|
assisted under this chapter, to take or provide for the
purposes | 302 |
|
of this chapter any governmental action it is authorized
to take | 303 |
|
or provide, and to undertake on behalf and at the request
of the | 304 |
|
director any action which the director is authorized to
undertake | 305 |
|
pursuant to divisions (B)(3), (4), and (5) of this
section
or | 306 |
|
divisions (B)(3), (4), and (5) of section 166.12 of the Revised | 307 |
|
Code. Governmental agencies of the state shall cooperate with
and | 308 |
|
provide assistance to the director of development and the | 309 |
|
controlling board in the exercise of their respective functions | 310 |
|
under this chapter. | 311 |
| (1) Create and participate in a nonprofit corporation | 322 |
|
incorporated under Chapter 1702. of the Revised Code for the | 323 |
|
purpose of receiving funds from any person to be expended, | 324 |
|
granted, loaned, or invested for housing purposes, to ensure the | 325 |
|
efficient use of these funds, and for the coordination of the use | 326 |
|
of the funds with other local governments. A nonprofit
corporation | 327 |
| created under division (A)(1) of this section shall
not have among | 328 |
| its purposes the acquisition, construction, or
rehabilitation of | 329 |
| housing. All funds received by the nonprofit
corporation shall be | 330 |
| expended for housing purposes under Section
16 of Article VIII, | 331 |
| Ohio Constitution, and section 176.04 of the
Revised Code. | 332 |
| (2) Create and participate in a nonprofit corporation | 333 |
|
incorporated under Chapter 1702. of the Revised Code for the | 334 |
|
purpose of acquiring, constructing, or rehabilitating housing | 335 |
|
under Section 16 of Article VIII, Ohio Constitution, and section | 336 |
|
176.04 of the Revised Code, or participate in an existing | 337 |
|
nonprofit corporation whose purpose includes the acquisition, | 338 |
|
construction, or rehabilitation of housing. A nonprofit | 339 |
|
corporation created under division (A)(2) of this section shall | 340 |
|
not have among its purposes any of the purposes for which a | 341 |
|
nonprofit corporation created under division (A)(1) of this | 342 |
|
section may be created. The governing board of a nonprofit | 343 |
|
corporation created under division (A)(2) of this section or in | 344 |
|
which a county, township, or municipal corporation participates | 345 |
|
under division (A)(2) of this section shall consist of not more | 346 |
|
than one-third elected officials or appointees thereof of the | 347 |
|
county, township, or municipal corporation, or combination | 348 |
|
thereof, that through the governing boards or chief executive | 349 |
|
officers create or participate in such corporation. | 350 |
| Not more than fifteen per cent of the funds received by a | 357 |
|
nonprofit corporation created under division (A)(1) or (2) of
this | 358 |
| section from any county, township, or municipal corporation
shall | 359 |
| be used for administration and salaries of the nonprofit | 360 |
|
organization. Funds distributed to the nonprofit corporation
from | 361 |
| any board of county commissioners, board of township
trustees, or | 362 |
| municipal corporation shall be considered an
expenditure for | 363 |
| housing purposes under Section 16 of Article
VIII, Ohio | 364 |
| Constitution. A nonprofit corporation created under
division | 365 |
| (A)(1) or (2) of this section is a public body for
purposes of | 366 |
| section 121.22 of the Revised Code, and is subject to
that | 367 |
| section. | 368 |
| (1) Enter into a lease, including a lease with an option
to | 396 |
|
purchase, of correctional facilities for a term not in excess
of | 397 |
|
forty years. Before entering into the lease, the board shall | 398 |
|
publish, once a week for three consecutive weeks in a newspaper
of | 399 |
|
general circulation in the county, a notice that the board is | 400 |
|
accepting proposals for a lease pursuant to this division. The | 401 |
|
notice shall state the date before which the proposals are | 402 |
|
required to be submitted in order to be considered by the board. | 403 |
| The lease under division (A)(1) of this section shall
require | 408 |
the county to contract, in accordance with Chapter 153.,and | 409 |
sections
307.86 to 307.92, and Chapter 4115. of the Revised Code, | 410 |
|
for the
construction, improvement, furnishing, and equipping of | 411 |
|
correctional facilities to be leased pursuant to this section. | 412 |
|
Prior to the board's execution of the lease, it may require the | 413 |
|
lessor under the lease to cause sufficient money to be made | 414 |
|
available to the county to enable the county to comply with the | 415 |
|
certification requirements of division (D) of section 5705.41 of | 416 |
|
the Revised Code. | 417 |
| A lease entered into pursuant to division (A)(1) of this | 418 |
|
section by a board may provide for the county to maintain and | 419 |
|
repair the correctional facility during the term of the
leasehold, | 420 |
|
may provide for the county to make rental payments
prior to or | 421 |
|
after occupation of the correctional facilities by
the county, and | 422 |
|
may provide for the board to obtain and maintain
any insurance | 423 |
|
that the lessor may require, including, but not
limited to, public | 424 |
|
liability, casualty, builder's risk, and
business interruption | 425 |
|
insurance. The obligations incurred under
a lease entered into | 426 |
|
pursuant to division (A)(1) of this section
shall not be | 427 |
|
considered to be within the debt limitations of
section 133.07 of | 428 |
|
the Revised Code. | 429 |
(2) "Construction" has the same meaning as in division (B)
of | 445 |
section 4115.03 of the Revised Codemeans any
construction, | 446 |
| reconstruction, improvement, enlargement,
alteration, repair, | 447 |
| painting, or decorating, of any public
improvement performed by | 448 |
| other than full-time employees who have
completed their | 449 |
| probationary periods in the classified service of
a public | 450 |
| authority. | 451 |
| (a) "Public improvement" means all buildings,
roads, streets, | 453 |
| alleys, sewers, ditches, and other structures
or works constructed | 454 |
| by a public authority
or by any person who, pursuant to a
contract | 455 |
| with a public authority, constructs any structure or work for a | 456 |
|
public authority. When a public authority rents or leases a newly | 457 |
| constructed
structure within six months after completion of its | 458 |
|
construction, any work performed on that structure to suit it
for | 459 |
| occupancy is a "public improvement." | 460 |
| (3) "Debt service charges" means, for any period or
payable | 480 |
|
at any time, the principal of and interest and any
premium due on | 481 |
|
bonds for that period or payable at that time
whether due at | 482 |
|
maturity or upon mandatory redemption, together
with any required | 483 |
|
deposits to reserves for the payment of
principal of and interest | 484 |
|
on such bonds, and includes any
payments required by the port | 485 |
|
authority to satisfy any of its
obligations arising from any | 486 |
|
guaranty agreements, reimbursement
agreements, or other credit | 487 |
|
enhancement agreements described in
division (C) of this section. | 488 |
| (6) "Port authority educational and cultural facility"
means | 495 |
|
a facility located within an urban renewal area that may
consist | 496 |
|
of a museum, archives, library, hall of fame, center for | 497 |
|
contemporary music, or other facilities necessary to provide | 498 |
|
programs of an educational and cultural nature, together with all | 499 |
|
parking facilities, walkways, and other auxiliary facilities,
real | 500 |
|
and personal property, property rights, easements, and
interests | 501 |
|
that may be appropriate for, or used in connection
with, the | 502 |
|
operation of the facility. | 503 |
| (b) Issue general obligation bonds of the county, or notes
in | 516 |
| anticipation thereof, pursuant to Chapter 133. of the Revised | 517 |
|
Code, for the purpose of acquiring, constructing, and equipping | 518 |
|
the port authority educational and cultural facility and | 519 |
|
contribute the proceeds from the issuance to the port authority | 520 |
|
for such purpose. The cooperative agreement may provide that
such | 521 |
|
proceeds be deposited with and administered by the trustee | 522 |
|
pursuant to the trust agreement provided for in division (C) of | 523 |
|
this section. | 524 |
| (c) Following the issuance, sale, and delivery of the port | 525 |
|
authority revenue bonds provided for in division (B)(2)(a) of
this | 526 |
|
section, and prior to the date certain stated in the
cooperative | 527 |
|
agreement which shall be the date estimated for the
completion of | 528 |
|
construction of the port authority educational and
cultural | 529 |
|
facility, pledge and contribute to the port authority
revenue from | 530 |
|
the tax levied pursuant to division (B)(1)(a) of
this section, | 531 |
|
together with any investment earnings on that
revenue, to pay a | 532 |
|
portion of the costs of acquiring,
constructing, and equipping the | 533 |
|
port authority educational and
cultural facility; | 534 |
| (b) To the extent provided for in the cooperative
agreement, | 570 |
|
contribute to the county, for use by the county to pay
debt | 571 |
|
service charges on the bonds of the county, or notes in | 572 |
|
anticipation thereof, described in division (B)(1)(b) of this | 573 |
|
section, any excess urban renewal service payments pledged by the | 574 |
|
host municipal corporation to the urban renewal bonds described
in | 575 |
|
division (B)(3)(a) of this section and not required on an
annual | 576 |
|
basis to pay debt service charges on the urban renewal
bonds. | 577 |
| (C) The pledges and contributions described in divisions | 587 |
|
(B)(1)(c) and (d) of this section and provided for in the | 588 |
|
cooperative agreement shall be for the period stated in the | 589 |
|
cooperative agreement, but shall not be in excess of the period | 590 |
|
necessary to provide for the final retirement of the port | 591 |
|
authority revenue bonds provided for in division (B)(2)(a) of
this | 592 |
|
section and any bonds issued by the port authority to refund
such | 593 |
|
bonds, and for the satisfaction by the port authority of any
of | 594 |
|
its obligations arising from any guaranty agreements, | 595 |
|
reimbursement agreements, or other credit enhancement agreements | 596 |
|
relating to such bonds or to the revenues pledged to such bonds. | 597 |
|
The cooperative agreement shall provide for the termination of
the | 598 |
|
cooperative agreement including the pledges and contributions | 599 |
|
described in divisions (B)(1)(c) and (d) of this section if the | 600 |
|
port authority revenue bonds provided for in division (B)(2)(a)
of | 601 |
|
this section have not been issued, sold, and delivered within
two | 602 |
|
years of the effective date of the cooperative agreement. | 603 |
| The cooperative agreement shall provide that any revenue | 604 |
|
bonds of the port authority shall be secured by a trust agreement | 605 |
|
between the port authority and a corporate trustee that is a
trust | 606 |
|
company or bank having the powers of a trust company within
or | 607 |
|
outside the state. The county may be a party to such trust | 608 |
|
agreement for the purpose of securing the pledge by the county of | 609 |
|
its contribution to the corporation pursuant to division
(B)(1)(d) | 610 |
|
of this section. A tax levied pursuant to division
(B)(1)(a) of | 611 |
|
this section is not subject to diminution by
initiative or | 612 |
|
referendum or diminution by statute, unless
provision is made | 613 |
|
therein for an adequate substitute therefor
reasonably | 614 |
|
satisfactory to the trustee under the trust agreement
that secures | 615 |
|
the revenue bonds of the port authority. | 616 |
| (E) If the terms of the cooperative agreement so provide,
any | 620 |
| contract for the acquisition, construction, or equipping of a
port | 621 |
| authority educational and cultural facility shall be made in
such | 622 |
| manner as is determined by the board of directors of the
port | 623 |
|
authority, and unless the cooperative agreement provides | 624 |
|
otherwise, such a contract is not subject to division (A) of | 625 |
|
section 4582.12 of the Revised Code. The port authority may take | 626 |
|
the assignment of and assume any contracts for the acquisition, | 627 |
|
construction, and equipping of a port authority educational and | 628 |
|
cultural facility that previously have been authorized by either | 629 |
|
or both the host municipal corporation or the corporation. Such | 630 |
|
contracts likewise are not subject to division (A) of section | 631 |
|
4582.12 of the Revised Code. | 632 |
Any contract for the acquisition, construction, or
equipping | 633 |
of a port authority educational and cultural facility
entered | 634 |
into, assigned, or assumed pursuant to this division
shall provide | 635 |
that all laborers and mechanics employed for the
acquisition, | 636 |
construction, or equipping of the port authority
educational and | 637 |
cultural facility shall be paid at the prevailing
rates of wages | 638 |
of laborers and mechanics for the class of work
called for by the | 639 |
port authority educational and cultural
facility, which wages | 640 |
shall be determined in accordance with the
requirements of Chapter | 641 |
4115. of the Revised Code for the
determination of prevailing wage | 642 |
rates. | 643 |
| (4) "Cost of a sports facility" means the cost of
acquiring, | 659 |
| constructing, renovating, equipping, or improving one
or more | 660 |
| sports facilities, including reconstructing,
rehabilitating, | 661 |
| remodeling, and enlarging; the cost of equipping
and furnishing | 662 |
| such a facility; and all financing costs
pertaining thereto, | 663 |
| including the cost of engineering,
architectural, and other | 664 |
| professional services, designs, plans,
specifications and surveys, | 665 |
| and estimates of costs; the costs of
refinancing obligations | 666 |
| issued by, or reimbursement of money
advanced by, the parties to | 667 |
| the cooperative agreement or other
persons, the proceeds of which | 668 |
| obligations were used to pay the
costs of the sports facility; the | 669 |
| cost of tests and inspections;
the cost of any indemnity or surety | 670 |
| bonds and premiums on
insurance, all related direct and | 671 |
| administrative costs
pertaining thereto, fees and expenses of | 672 |
| trustees, depositories,
and paying agents for the obligations, | 673 |
| capitalized interest on
the obligations, amounts necessary to | 674 |
| establish reserves as
required by the obligation proceedings, the | 675 |
| reimbursement of
money advanced or applied by the parties to the | 676 |
| cooperative
agreement or other persons for the payment of any item | 677 |
| of costs
of the sports facility, and all other expenses necessary | 678 |
| or
incident to planning or determining the feasibility or | 679 |
|
practicability with respect to the sports facility; and any
other | 680 |
| such expenses as may be necessary or incident to the
acquisition, | 681 |
| construction, reconstruction, rehabilitation,
remodeling, | 682 |
| renovation, enlargement, improvement, equipping, and
furnishing of | 683 |
| the sports facility, the financing of the sports
facility, placing | 684 |
| the sports facility in use and operation,
including any one, part | 685 |
| of, or combination of such classes of
costs and expenses. | 686 |
| (6) "Obligations" means obligations issued or incurred to
pay | 689 |
| the cost of a sports facility, including bonds, notes, | 690 |
|
certificates of indebtedness, commercial paper, and other | 691 |
|
instruments in writing, anticipatory securities as defined in | 692 |
|
section 133.01 of the Revised Code, issued or incurred by an | 693 |
|
issuer pursuant to Chapter 133.
or 4582. of the Revised Code or | 694 |
| this section, or otherwise, to
evidence the issuer's obligation to | 695 |
| repay borrowed money, or to
pay interest, by, or to pay at any | 696 |
| future time other money
obligations of, the issuer of the | 697 |
| obligations, including
obligations of an issuer or lessee to make | 698 |
| payments under an
installment sale, lease, lease-purchase, or | 699 |
| similar agreement. | 700 |
| (8) "Payments," when used with reference to obligations, | 708 |
|
means payments of the principal, including any mandatory sinking | 709 |
|
fund deposits and mandatory redemption payments, interest and
any | 710 |
| redemption premium, and lease rentals, lease-purchase
payments and | 711 |
| other amounts payable under obligations in the form
of installment | 712 |
| sale, lease, lease-purchase, or similar
agreements. | 713 |
| (11) "Sports facility" means a facility, including a
stadium, | 718 |
| that is intended to house or provide a site for one or
more major | 719 |
| league professional athletic or sports teams
or activities, | 720 |
| together with all spectator facilities, parking
facilities, | 721 |
| walkways, and auxiliary facilities, real and
personal property, | 722 |
| property rights, easements, leasehold
estates, and interests that | 723 |
| may be appropriate for, or used in
connection with, the operation | 724 |
| of the sports facility. | 725 |
(D) Any contract for the
acquisition, construction, | 819 |
renovation, or equipping of a sports
facility entered into, | 820 |
assigned, or assumed under this section
shall provide that all | 821 |
laborers and mechanics employed in the
acquisition, construction, | 822 |
renovation, or equipping of the
sports facility shall be paid at | 823 |
the prevailing rates of wages
of laborers and mechanics for the | 824 |
class of work called for, as
those wages are determined in | 825 |
accordance with
Chapter 4115. of the Revised Code. | 826 |
| (3)
"Cost," as applied to a port authority educational and | 841 |
|
cultural
performing arts facility, means the cost of acquiring, | 842 |
|
constructing,
renovating, rehabilitating, equipping, or improving | 843 |
|
the facility, or any
combination of those purposes, collectively | 844 |
|
referred to in this section as
"construction," and the cost of | 845 |
|
acquisition of all land, rights of way,
property rights, | 846 |
|
easements, franchise rights, and interests required for those | 847 |
|
purposes, the cost of demolishing or removing any buildings or | 848 |
|
structures on
land so acquired, including the cost of acquiring | 849 |
|
any land to which those
buildings or structures may be moved, the | 850 |
|
cost of public utility and common
carrier relocation or | 851 |
|
duplication, the cost of all machinery, furnishings, and | 852 |
|
equipment, financing charges, interest prior to and during | 853 |
|
construction and
for not more than three years after completion of | 854 |
|
construction, costs arising
under guaranty agreements, | 855 |
|
reimbursement agreements, or other credit
enhancement
agreements | 856 |
|
relating
to bonds, engineering, expenses of research and | 857 |
|
development with respect to
such facility, legal expenses, plans, | 858 |
|
specifications, surveys, studies,
estimates of costs and revenues, | 859 |
|
other expenses necessary or incident to
determining the | 860 |
|
feasibility or practicability of acquiring or constructing the | 861 |
|
facility, administrative expense, and other expenses as may be | 862 |
|
necessary or
incident to that acquisition or construction and the | 863 |
|
financing of such
acquisition or construction, including, with | 864 |
|
respect to the revenue bonds of a
port authority, amounts to be | 865 |
|
paid into any special funds from the proceeds of
those bonds, and | 866 |
|
repayments to the port authority, host county, host municipal | 867 |
|
corporation, or corporation of any amounts advanced for the | 868 |
|
foregoing
purposes. | 869 |
| (4)
"Debt service charges" means, for any period or payable | 870 |
|
at any time,
the principal of and interest and any premium due on | 871 |
|
bonds for that period or
payable at that time whether due at | 872 |
|
maturity or upon mandatory redemption,
together with any required | 873 |
|
deposits to reserves for the payment of principal
of and interest | 874 |
|
on those bonds, and includes any payments required by the port | 875 |
|
authority to satisfy any of its obligations under or arising from | 876 |
|
any guaranty
agreements, reimbursement agreements, or other credit | 877 |
|
enhancement agreements
described in division (C) of this section. | 878 |
| (8)
"Port authority educational and cultural performing arts | 888 |
|
facility"
means a facility that consists of a center for music or | 889 |
|
other performing arts,
a theater or other facilities to provide | 890 |
|
programs of an educational,
recreational, or cultural nature, or | 891 |
|
any combination of those purposes as
determined by the parties to | 892 |
|
the cooperative agreement for which provision is
made in division | 893 |
|
(B) of this section to fulfill the public
educational, | 894 |
|
recreational, and cultural purposes set forth therein, together | 895 |
|
with all parking facilities, walkways, and other auxiliary | 896 |
|
facilities, real
and personal property, property rights, | 897 |
|
easements, and interests that may be
appropriate for, or used in | 898 |
|
connection with, the operation of the facility. | 899 |
| (C) The pledge and payments referred to in divisions | 976 |
|
(B)(1)(b) and (c) of this section and
provided for in the | 977 |
|
cooperative agreement shall be for the period stated in
the | 978 |
|
cooperative agreement but shall not extend longer than the period | 979 |
|
necessary to provide for the final retirement of the port | 980 |
|
authority revenue
bonds referred to in division (B)(2)(a) of this | 981 |
|
section, and for the satisfaction by the port authority of any of | 982 |
|
its
obligations under or arising from any guaranty agreements, | 983 |
|
reimbursement
agreements, or other credit enhancement agreements | 984 |
|
relating to those bonds or
to the revenues pledged to them. The | 985 |
|
cooperative agreement shall provide for
the termination of the | 986 |
|
cooperative agreement, including the pledge and payment
referred | 987 |
|
to in division (B)(1)(c) of this section, if
the port authority | 988 |
|
revenue bonds referred to in division
(B)(2)(a) of this section | 989 |
|
have not been issued, sold, and
delivered within five years of the | 990 |
|
effective date of the cooperative
agreement. | 991 |
| The cooperative agreement shall provide that any port | 992 |
|
authority revenue
bonds shall be secured by a trust agreement | 993 |
|
between the port authority and a
corporate trustee that is a trust | 994 |
|
company or bank having the powers of a trust
company within or | 995 |
|
outside the state but authorized to exercise trust powers
within | 996 |
|
the state. The host county may be a party to that trust agreement | 997 |
|
for
the purpose of better securing the pledge by the host county | 998 |
|
of its payment to
the corporation pursuant to division (B)(1)(c) | 999 |
|
of
this section. A tax levied pursuant to section
5739.09 of the | 1000 |
|
Revised Code for the purposes
specified in division
(B)(1)(b) or | 1001 |
|
(c)
of this section is not subject to diminution by
initiative or | 1002 |
|
referendum or
diminution by statute, unless
provision is made for | 1003 |
|
an adequate substitute
reasonably
satisfactory to the trustee | 1004 |
|
under the trust agreement that secures
the port authority revenue | 1005 |
|
bonds. | 1006 |
| (E) If the terms of the cooperative agreement so provide,
any | 1013 |
|
contract for the acquisition, construction, renovation, | 1014 |
|
rehabilitation,
equipping, or improving of a port authority | 1015 |
|
educational and cultural
performing arts facility shall be made in | 1016 |
|
such manner as is determined by the
board of directors of the port | 1017 |
|
authority, and unless the cooperative agreement
provides | 1018 |
|
otherwise, such a contract is not subject to division (R)(2)
of | 1019 |
|
section 4582.31 of the Revised Code. The port authority may take | 1020 |
|
the assignment of and
assume any contracts for the acquisition, | 1021 |
|
construction, renovation,
rehabilitation, equipping, or improving | 1022 |
|
of a port authority educational and
cultural performing arts | 1023 |
|
facility that had previously been authorized by any
of the host | 1024 |
|
county, the host municipality, or the corporation. Such contracts | 1025 |
|
are not subject to division (R)(2) of section 4582.31 of the | 1026 |
|
Revised Code. | 1027 |
Any contract for the acquisition, construction, renovation, | 1028 |
rehabilitation,
equipping, or improving of a port authority | 1029 |
educational and cultural
performing arts facility entered into, | 1030 |
assigned, or assumed pursuant to this
division shall provide that | 1031 |
all laborers and mechanics employed for the
acquisition, | 1032 |
construction, renovation, rehabilitation, equipping, or improving | 1033 |
of that facility shall be paid at the prevailing rates of wages of | 1034 |
laborers
and mechanics for the class of work called for by the | 1035 |
port authority
educational and cultural performing arts facility, | 1036 |
which wages shall be
determined in accordance with the | 1037 |
requirements of Chapter 4115. of the Revised Code
for the | 1038 |
determination of prevailing wage rates. | 1039 |
| Notwithstanding any provisions to the contrary in section | 1040 |
|
3383.07 of the Revised Code,
construction services and general | 1041 |
|
building services for a port authority
educational and cultural | 1042 |
|
performing arts facility funded completely or in part
with money | 1043 |
|
appropriated by the state to the Ohio cultural
facilities | 1044 |
|
commission may be provided by a port authority or a corporation | 1045 |
|
that occupies, will occupy, or is responsible for that facility, | 1046 |
|
as determined
by the commission. The construction services and | 1047 |
|
general building services to
be provided by the port authority or | 1048 |
|
the corporation shall be specified in an
agreement between the | 1049 |
|
commission and the port authority or corporation. That
agreement, | 1050 |
|
or any actions taken under it, are not subject to Chapters
123. or | 1051 |
153. of the Revised Code, but
are subject to Chapter 4115. of the | 1052 |
Revised Code. | 1053 |
| (3) "Sports facility" means a sports facility that is | 1065 |
|
intended to house major league professional athletic teams, | 1066 |
|
including a stadium, together with all parking facilities, | 1067 |
|
walkways, and other auxiliary facilities, real and personal | 1068 |
|
property, property rights, easements, and interests that may be | 1069 |
|
appropriate for, or used in connection with, the operation of the | 1070 |
|
facility. | 1071 |
| (B) A board of county commissioners of a county that
levies a | 1090 |
| tax under section 307.697, 4301.421, or 5743.024 of the
Revised | 1091 |
| Code may enter into an agreement with a corporation
operating in | 1092 |
| the county, and, if there is a host municipal
corporation all or a | 1093 |
| part of which is located in the county,
shall enter into an | 1094 |
| agreement with a corporation operating in the
county and the host | 1095 |
| municipal corporation, under which: | 1096 |
| (C)(1) The primary purpose of the pledges and
contributions | 1121 |
| described in division (B)(1) of this section is
payment of debt | 1122 |
| service charges. To the extent the pledges and
contributions are | 1123 |
| not used by the county or corporation for
payment of debt service | 1124 |
| charges, the county or corporation,
pursuant to the agreement | 1125 |
| provided for in division (B) of this
section, shall provide the | 1126 |
| unused pledges and contributions,
together with surplus revenues | 1127 |
| of the sports facility not needed
for debt service charges or the | 1128 |
| operation and maintenance of the
sports facility, to the host | 1129 |
| municipal corporation, or a
nonprofit corporation, which may be | 1130 |
| the corporation acting on
behalf of the host municipal | 1131 |
| corporation, for redevelopment and
economic development purposes | 1132 |
| related to the sports facility. If
the county taxes are also | 1133 |
| levied for the purpose of making
permanent improvements, the | 1134 |
| agreement shall include a schedule of
annual pledges and | 1135 |
| contributions by the county for the payment of
debt service | 1136 |
| charges. The county's pledge and contribution
provided for in the | 1137 |
| agreement shall be for the period stated in
the agreement but not | 1138 |
| to exceed twenty years. The agreement
shall provide that any such | 1139 |
| bonds and notes shall be secured by a
trust agreement between the | 1140 |
| corporation or other bond issuer and
a corporate trustee that is a | 1141 |
| trust company or bank having the
powers of a trust company within | 1142 |
| or without the state, and the
trust agreement shall pledge or | 1143 |
| assign to the retirement of the
bonds or notes, all moneys paid by | 1144 |
| the county for that purpose
under this section. A county tax, all | 1145 |
| or any part of the
revenues from which are pledged under an | 1146 |
| agreement entered into
by a board of county commissioners under | 1147 |
| this section shall not
be subject to diminution by initiative or | 1148 |
| referendum, or
diminution by statute, unless provision is made | 1149 |
| therein for an
adequate substitute therefor reasonably | 1150 |
| satisfactory to the
trustee under the trust agreement that secures | 1151 |
| the bonds and
notes. | 1152 |
| (2) The primary purpose of the pledges and contributions | 1153 |
|
described in division (B)(2) of this section is payment of debt | 1154 |
|
service charges. To the extent the pledges and contributions are | 1155 |
|
not used by the county for payment of debt service charges, the | 1156 |
|
county or corporation, pursuant to the agreement provided for in | 1157 |
|
division (B) of this section, shall provide the unused pledges
and | 1158 |
| contributions, together with surplus revenues of the sports | 1159 |
|
facility not needed for debt service charges or the operation and | 1160 |
|
maintenance of the sports facility, to the host municipal | 1161 |
|
corporation, or a nonprofit corporation, which may be the | 1162 |
|
corporation, acting on behalf of the host municipal corporation, | 1163 |
|
for redevelopment and economic development purposes related to
the | 1164 |
| sports facility. The corporation's pledge and contribution | 1165 |
|
provided for in the agreement shall be until all of the bonds | 1166 |
|
issued for the construction of the facility have been retired. | 1167 |
| (E) If the terms of the agreement so provide, the board of | 1171 |
|
county commissioners may acquire, make site improvements to, | 1172 |
|
including, but not limited to, demolition, excavation, and | 1173 |
|
installation of footers, pilings, and foundations, and lease real | 1174 |
|
property for the sports facility to a corporation that constructs | 1175 |
|
a sports facility under division (B)(1) of this section. The | 1176 |
|
agreement shall specify the term, which shall not exceed thirty | 1177 |
|
years and shall be on such terms as are set forth in the | 1178 |
|
agreement. The purchase, improvement, and lease may be the
subject | 1179 |
| of an agreement between the county and a municipal
corporation | 1180 |
| located within the county pursuant to section 153.61
or 307.15 of | 1181 |
| the Revised Code, and are not subject to the
limitations of | 1182 |
| sections 307.02 and 307.09 of the Revised Code. | 1183 |
| (D) Acquire, purchase, construct, reconstruct, enlarge, | 1217 |
|
furnish, equip, maintain, repair, sell, exchange, lease or rent | 1218 |
|
to, lease or rent from, operate, or contract for the operation by | 1219 |
|
others of, facilities within its territory, and make charges for | 1220 |
|
the use of the facilities; | 1221 |
| (F) By resolution of its board of directors, issue
convention | 1225 |
| facilities authority revenue bonds beyond the limit of
bonded | 1226 |
| indebtedness provided by law, payable solely from revenues
as | 1227 |
| provided in section 351.14 of the Revised Code, unless the
bonds | 1228 |
| are refunded by refunding bonds, for the purpose of
providing | 1229 |
| funds to pay the costs of any facility or facilities or
parts of | 1230 |
| any facility or facilities, and, if moneys raised by
taxation are | 1231 |
| not obligated or pledged for the payment of those
revenue bonds, | 1232 |
| to pay the costs of any facility or facilities or
parts of any | 1233 |
| facility or facilities pursuant to Section 13 of
Article VIII, | 1234 |
| Ohio Constitution, and in order to create or
preserve jobs and | 1235 |
| employment opportunities and improve the
economic welfare of the | 1236 |
| people of the state; | 1237 |
| (J)(1) Adopt rules, not in conflict with general law, | 1248 |
|
governing the use of its property, grounds, buildings, equipment, | 1249 |
|
and facilities, and the conduct of its employees and the public, | 1250 |
|
in order to promote the public safety and convenience in and
about | 1251 |
| its facilities and grounds, and to maintain order. Any
such rule | 1252 |
| shall be posted at a prominent place in each of the
buildings or | 1253 |
| facilities to which it applies. | 1254 |
| (L) Acquire, in the name of the authority, by purchase or | 1261 |
|
otherwise, on such terms and in such manner as the authority
finds | 1262 |
| proper, or by the exercise of the right of appropriation in
the | 1263 |
| manner provided by section 351.22 of the Revised Code, such
public | 1264 |
| or private lands, including public parks, playgrounds, or | 1265 |
|
reservations, or parts thereof or rights therein, rights-of-way, | 1266 |
|
rights, franchises, easements, and interests as it finds
necessary | 1267 |
| or proper for carrying out this chapter, and
compensation shall be | 1268 |
| paid for public or private lands so taken; | 1269 |
| (M) Make and enter into all contracts and agreements and | 1270 |
|
execute all instruments necessary or incidental to the
performance | 1271 |
| of its duties and the execution of its powers under
this chapter | 1272 |
| provided that no construction contract or contract
for the | 1273 |
| purchase of goods or services shall be approved or
entered into by | 1274 |
| the authority prior to the adoption and
implementation of a policy | 1275 |
| on the set aside of contracts for
bidding by or award to minority | 1276 |
| business enterprises, as defined
in division (E)(1) of section | 1277 |
| 122.71 of the Revised Code; | 1278 |
| (N) Employ managers, superintendents, and other employees
and | 1279 |
| retain or contract with consulting engineers, financial | 1280 |
|
consultants, accounting experts, architects, attorneys, and such | 1281 |
|
other consultants and independent contractors as are necessary in | 1282 |
|
its judgment to carry out this chapter, and fix their | 1283 |
|
compensation. All expenses of doing so shall be payable solely | 1284 |
|
from the proceeds of convention facilities authority bonds and | 1285 |
|
notes issued under this chapter, or from excise taxes and | 1286 |
|
revenues. | 1287 |
| (T) By resolution of its board of directors, levy any of the | 1311 |
| excise taxes authorized by division (B) or (C) of section
351.021 | 1312 |
| of the Revised Code if authorized by the county
commissioners, and | 1313 |
| issue convention facilities authority tax
anticipation bonds | 1314 |
| beyond any limit of bonded indebtedness
provided by law, payable | 1315 |
| solely from excise taxes levied pursuant
to division (B) or (C) of | 1316 |
| section 351.021 of the Revised Code and
revenues as provided in | 1317 |
| section 351.141 of the Revised Code. | 1318 |
| (A) "Public improvement" means any construction, | 1323 |
|
reconstruction, improvement, enlargement, alteration, demolition, | 1324 |
|
or repair of a building, highway, drainage system, water system, | 1325 |
|
road, street, alley, sewer, ditch, sewage disposal plant, water | 1326 |
|
works, and any other structure or work of any nature by a public | 1327 |
|
authority. | 1328 |
| (B) "Public authority" includes the state, and a county, | 1329 |
|
township, municipal corporation, school district, or other | 1330 |
|
political subdivision of the state, and any public agency, | 1331 |
|
authority, board, commission, instrumentality, or special
district | 1332 |
|
of or in the state or a county, township, municipal
corporation, | 1333 |
|
school district, or other political subdivision of
the state, and | 1334 |
|
any officer or agent thereof. | 1335 |
| Sec. 1509.071. (A) When the chief of the division of
mineral | 1386 |
| resources
management finds that an owner has failed to
comply with | 1387 |
| the restoration
requirements of section 1509.072,
plugging | 1388 |
| requirements of
section 1509.12, or permit provisions of
section | 1389 |
| 1509.13 of the
Revised Code, or rules and orders relating
thereto, | 1390 |
| the chief shall
make
a finding of that fact and declare
any surety | 1391 |
| bond filed to
ensure compliance with those sections and
rules | 1392 |
| forfeited in the
amount set by rule of the chief. The chief | 1393 |
|
thereupon shall
certify the total forfeiture to the attorney | 1394 |
|
general, who shall
proceed to collect the amount of the | 1395 |
|
forfeiture. | 1396 |
| (1) The expenditures may be made pursuant to contracts | 1456 |
|
entered into by
the chief with
persons who agree to furnish all of | 1457 |
|
the materials, equipment,
work, and labor as specified and | 1458 |
|
provided in such a contract. Agents or
employees of persons | 1459 |
|
contracting with the chief for the
restoration, plugging, and | 1460 |
|
injection projects may enter upon any
land, public or private,
on | 1461 |
|
which the well is located for
the purpose of performing the work. | 1462 |
|
Prior to such entry, the
chief shall give to the following persons | 1463 |
|
written notice of the
existence of a contract for a project to | 1464 |
|
restore, plug, or inject
oil or gas production wastes into a well, | 1465 |
|
the names of the
persons with whom the contract is made, and the | 1466 |
|
date that the
project will commence: the owner of the well, the | 1467 |
|
owner of the
land upon which the well is located, the owner or | 1468 |
|
agents of
adjoining land, and, if the well is located in the same | 1469 |
|
township as or in a
township adjacent to the excavations and | 1470 |
|
workings of a mine and the owner or
lessee of that mine has | 1471 |
|
provided written notice identifying those townships to
the chief | 1472 |
|
at any time during the immediately preceding three years, the | 1473 |
|
owner
or lessee of the mine. | 1474 |
| (2)(a) The owner of the land
on which a well is located who | 1475 |
|
has received notice under
division (C)(1)(b) of this section may | 1476 |
|
plug
the well and be reimbursed by the division for the reasonable | 1477 |
|
cost of plugging the well. In order to plug the well, the | 1478 |
|
landowner
shall submit an application to the chief on a form | 1479 |
|
prescribed by
the chief and approved by the technical advisory | 1480 |
|
council on oil
and gas created in section 1509.38 of the
Revised | 1481 |
|
Code. The application, at a
minimum, shall require the landowner | 1482 |
|
to provide the same
information as is required to be included in | 1483 |
|
the application for
a permit to plug and abandon under section | 1484 |
|
1509.13 of the
Revised Code. The application shall be
accompanied | 1485 |
|
by a copy of a proposed contract to plug the well
prepared by a | 1486 |
|
contractor regularly engaged in the business of
plugging oil and | 1487 |
|
gas wells. The proposed contract shall require
the contractor to | 1488 |
|
furnish all of the materials, equipment, work,
and labor necessary | 1489 |
|
to plug the well properly and shall
specify the price for
doing | 1490 |
|
the work, including a credit for the equipment appurtenant to the | 1491 |
|
well
that was forfeited to the state through the operation of | 1492 |
|
division
(C)(2) of this section. The application
also shall be | 1493 |
|
accompanied by the permit fee required by section
1509.13 of the | 1494 |
|
Revised Code unless the chief, in the
chief's discretion, waives | 1495 |
|
payment of the permit fee. The application
constitutes an | 1496 |
|
application for a permit to plug and abandon the
well for the | 1497 |
|
purposes of section 1509.13 of the
Revised Code. | 1498 |
| (b) Within thirty days after
receiving an application and | 1499 |
|
accompanying proposed contract
under division
(D)(2)(a) of this | 1500 |
|
section, the chief shall determine
whether the plugging would | 1501 |
|
comply with the applicable requirements of this chapter and | 1502 |
|
applicable rules adopted and orders issued under it and whether | 1503 |
|
the cost of the plugging under the proposed contract is | 1504 |
|
reasonable. If the chief determines that the proposed
plugging | 1505 |
|
would comply with those requirements and that the
proposed cost of | 1506 |
|
the plugging is reasonable, the chief shall notify the
landowner | 1507 |
|
of that determination and issue to the landowner a
permit to plug | 1508 |
|
and abandon the well under section 1509.13 of the
Revised Code. | 1509 |
|
Upon approval of the
application and proposed contract, the chief | 1510 |
|
shall transfer
ownership of the equipment appurtenant to the well | 1511 |
|
to the
landowner. The chief may disapprove an application | 1512 |
|
submitted
under division (D)(2)(a)
of this section if the chief | 1513 |
|
determines that the proposed
plugging would not comply with the | 1514 |
|
applicable requirements of
this chapter and applicable rules | 1515 |
|
adopted and orders issued
under it, that the cost of the plugging | 1516 |
|
under the proposed
contract is unreasonable, or that the proposed | 1517 |
|
contract is not a
bona fide, arms length contract. | 1518 |
| (d) Upon determining that the
plugging has been completed | 1525 |
|
within the time required by division
(D)(2)(c)
of this section and | 1526 |
|
has been completed in compliance with
the applicable requirements | 1527 |
|
of this chapter and applicable rules
adopted and orders issued | 1528 |
|
under it, the chief shall reimburse
the landowner for the cost of | 1529 |
|
the plugging as set forth in the
proposed contract approved by the | 1530 |
|
chief. The reimbursement
shall be paid from the oil and gas well | 1531 |
|
fund. If the
chief determines that the plugging was not completed | 1532 |
|
within the
required time or was not completed in accordance with | 1533 |
|
the applicable
requirements, the chief shall not reimburse the | 1534 |
|
landowner for
the cost of the plugging, and the landowner or the | 1535 |
|
contractor, as applicable,
promptly shall
transfer back to this | 1536 |
|
state title to and possession of the equipment
appurtenant
to the | 1537 |
|
well that previously was transferred to the landowner
under | 1538 |
|
division (D)(2)(b)
of this section. If any such equipment was | 1539 |
|
removed from the
well during the plugging and sold, the landowner | 1540 |
|
shall pay to
the chief the proceeds from the sale of the | 1541 |
|
equipment, and the
chief promptly shall pay the moneys so received | 1542 |
|
to the treasurer
of state for deposit into the oil and gas well | 1543 |
|
fund. | 1544 |
| (E) Expenditures from the oil and gas well fund for the | 1552 |
|
purpose of
division (B)(2) of this
section may be made pursuant to | 1553 |
|
contracts entered into by the chief with
persons who agree to | 1554 |
|
furnish all of the materials, equipment, work, and labor
as | 1555 |
|
specified and provided in such a contract. The competitive
bidding | 1556 |
|
requirements of Chapter 153. of the Revised Code do not
apply if | 1557 |
| the chief
reasonably determines that correction of the
applicable | 1558 |
| health or safety risk
requires immediate action. The
chief, | 1559 |
| designated representatives
of the chief, and agents or
employees | 1560 |
| of persons contracting with the chief
under this
division
may | 1561 |
| enter upon any land, public or private, for the
purpose of | 1562 |
| performing the
work. | 1563 |
| (G) The owner
of land on which a well is located who has | 1571 |
|
received notice under
division
(C)(1)(b)
of this section, in lieu | 1572 |
|
of plugging the well in accordance with
division (D)(2) of this | 1573 |
|
section, may cause ownership of the well to be transferred to an | 1574 |
|
owner who is lawfully doing business in this state and who has
met | 1575 |
|
the financial responsibility requirements established under | 1576 |
|
section 1509.07 of the Revised
Code, subject to the approval
of | 1577 |
|
the chief. The transfer of ownership also shall be subject
to the | 1578 |
|
landowner's filing the appropriate forms required under
this | 1579 |
|
chapter and providing to the chief sufficient information
to | 1580 |
|
demonstrate the landowner's or owner's right to produce a | 1581 |
|
formation or formations. That information may include a deed, a | 1582 |
|
lease, or other documentation of ownership or property
rights. | 1583 |
| (2) Establish by resolution an erosion
control repayment fund | 1636 |
| into which shall be deposited all amounts
collected under division | 1637 |
| (B)(3)
of this section. Moneys in that fund shall be used by the | 1638 |
| board
for the repayment of the loan and for administrative or | 1639 |
| other
costs of the board or the authority as specified in an | 1640 |
| agreement
entered into under division (C)
of this section. If the | 1641 |
| amount of money in the fund is inadequate to repay
the loan when | 1642 |
| due, the board of county commissioners, by resolution, may
advance | 1643 |
| money from any other fund in order to repay the loan if that use | 1644 |
| of
the money from the other fund is not in conflict with law.
If | 1645 |
| the board so advances money in order to repay the loan, the board | 1646 |
|
subsequently shall reimburse each fund from which the board | 1647 |
| advances money
with moneys from the erosion control repayment | 1648 |
| fund. | 1649 |
| (C) A board may apply to the authority for a loan for the | 1659 |
| purpose
of entering into agreements under division (A) of this | 1660 |
| section. The
loan shall be for an amount and on the terms | 1661 |
| established in an agreement
between the board and the authority. | 1662 |
| The board may assign any agreements
entered into under division | 1663 |
| (A) of
this section to the authority in order to provide for the | 1664 |
| repayment of the
loan and may pledge any lawfully available | 1665 |
| revenues to the repayment of the
loan, provided that no moneys | 1666 |
| raised by taxation shall be obligated or pledged
by the board for | 1667 |
| the repayment of the loan. Any agreement with the authority | 1668 |
|
pursuant to this division is not subject to Chapter 133. of the | 1669 |
| Revised Code or any
requirements or limitations established in | 1670 |
| that chapter. | 1671 |
| (7) Review, with the assistance of the technical advisory | 1711 |
|
committee, proposed coal research and development projects as | 1712 |
|
defined in section 1555.01 of the Revised Code, and coal | 1713 |
|
development projects, submitted to the office by public utilities | 1714 |
|
for the purpose of section 4905.304 of
the Revised Code. If the | 1715 |
|
director and the advisory committee
determine that any such | 1716 |
|
facility or project has as its purpose
the enhanced use of Ohio | 1717 |
|
coal in an environmentally acceptable,
cost effective manner, | 1718 |
|
promotes energy conservation, is cost
effective, and is | 1719 |
|
environmentally sound, the director shall
submit to the public | 1720 |
|
utilities commission a report recommending
that the commission | 1721 |
|
allow the recovery of costs associated with
the facility or | 1722 |
|
project under section 4905.304 of the Revised Code and
including | 1723 |
|
the reasons for the recommendation. | 1724 |
| (C) By the affirmative vote of a majority of the members of | 1727 |
| the Ohio air quality development authority, the
director of the | 1728 |
| office may exercise any of the powers and duties
of the director | 1729 |
| of development as the authority and the director of the office | 1730 |
| consider
appropriate or desirable to achieve the office's | 1731 |
| purposes,
including, but not limited to, the powers and duties | 1732 |
enumerated
in
sections 1551.11, 1551.12, 1551.13, and 1551.15 of | 1733 |
| the Revised
Code. | 1734 |
| Additionally, the director of the office may make loans to | 1735 |
|
governmental agencies or persons for projects to carry out the | 1736 |
|
office's purposes. Fees, charges, rates of interest, times of | 1737 |
|
payment of interest and principal, and other terms, conditions, | 1738 |
|
and provisions of the loans shall be such as the director of the | 1739 |
|
office determines to be appropriate and in furtherance of the | 1740 |
|
purposes for which the loans are made. The mortgage lien
securing | 1741 |
|
any moneys lent by the director of the office may be
subordinate | 1742 |
|
to the mortgage lien securing any moneys lent or
invested by a | 1743 |
|
financial institution, but shall be superior to
that securing any | 1744 |
|
moneys lent or expended by any other person.
The moneys used in | 1745 |
|
making the loans shall be disbursed upon order
of the director of | 1746 |
|
the office. | 1747 |
| The district shall be governed by the
board of trustees of a | 1756 |
|
nonprofit corporation. This board shall be known as
the board of | 1757 |
|
directors of the special improvement district. No
special | 1758 |
|
improvement district
shall include any church property, or | 1759 |
|
property of the federal or
state government or a county, township, | 1760 |
|
or municipal
corporation, unless the
church or the county, | 1761 |
|
township, or municipal corporation
specifically
requests in | 1762 |
|
writing that the property
be included
within the district. More | 1763 |
|
than one district may be created
within a participating political | 1764 |
|
subdivision, but no real property
may be included within more than | 1765 |
|
one district unless the owner of
the property files a written | 1766 |
|
consent with the clerk of the
legislative authority, the township | 1767 |
|
fiscal officer, or the village clerk, as appropriate. The
area of | 1768 |
|
each district shall be contiguous. | 1769 |
| (B) Except as provided in division (C) of this section, a | 1770 |
|
district created under this chapter is not a political | 1771 |
|
subdivision. A district created under this chapter shall be | 1772 |
considered a public agency under section 102.01 and a
public | 1773 |
authority under section 4115.03 of the Revised Code. Each
member | 1774 |
|
of the board of directors of a district, each
member's
designee or | 1775 |
|
proxy, and each officer and employee of a district
shall be | 1776 |
|
considered a public official or employee under
section
102.01 of | 1777 |
|
the Revised Code and a public official and
public
servant under | 1778 |
|
section 2921.42 of the Revised Code. Districts
created under this | 1779 |
|
chapter are not subject to section 121.24 of
the Revised Code. | 1780 |
|
Districts created under this chapter are
subject to sections | 1781 |
|
121.22 and 121.23 of the Revised Code. | 1782 |
| Membership on the board of directors of the district shall | 1786 |
|
not be considered
as holding a
public office. Directors and their | 1787 |
|
designees shall be
entitled to
the immunities provided by Chapter | 1788 |
|
1702. and to the same
immunity as an employee under
division | 1789 |
|
(A)(6) of section 2744.03 of the Revised
Code, except that | 1790 |
|
directors and their designees shall not be
entitled to the | 1791 |
|
indemnification provided in section 2744.07 of
the Revised Code | 1792 |
|
unless the director or designee is an employee
or official of a | 1793 |
|
participating political subdivision of the district and is
acting | 1794 |
|
within the scope of the director's or
designee's employment or | 1795 |
|
official responsibilities. | 1796 |
| District officers and district members and directors and | 1797 |
|
their designees or proxies shall not be required to file a | 1798 |
|
statement with the Ohio ethics commission under section 102.02 of | 1799 |
|
the Revised Code. All records of the district shall be treated
as | 1800 |
|
public records under section 149.43 of the
Revised Code, except | 1801 |
|
that records of organizations contracting
with a district shall | 1802 |
|
not be considered to be public records
under section 149.43 or | 1803 |
|
section 149.431 of the Revised Code
solely by reason of any | 1804 |
|
contract with a district. | 1805 |
| (D) Except as otherwise provided in this section, the | 1806 |
|
nonprofit corporation that governs a district shall be organized | 1807 |
|
in the manner described in Chapter 1702. of the Revised Code.
The | 1808 |
|
corporation's articles of incorporation are required
to be | 1809 |
|
approved, as provided in division (E) of this section, by | 1810 |
|
resolution of the legislative authority of each participating | 1811 |
|
political
subdivision of the
district. A copy of that
resolution | 1812 |
|
shall be filed along with the articles of
incorporation in the | 1813 |
|
secretary of state's office. | 1814 |
| (E) The articles of incorporation for a nonprofit
corporation | 1836 |
| governing a district created under this
chapter and
amendments to | 1837 |
| them shall be submitted to the municipal executive,
if any, and | 1838 |
|
the legislative authority of each municipal
corporation or | 1839 |
| township in which
the proposed district is to be
located, | 1840 |
| accompanied by a
petition signed either by the owners of
at least | 1841 |
| sixty per cent
of the front footage of all real property
located | 1842 |
| in the proposed district
that abuts upon any street,
alley, public | 1843 |
| road, place, boulevard, parkway, park entrance,
easement, or other | 1844 |
| existing public improvement within the
proposed
district, | 1845 |
| excluding church property or property owned by the
state, county, | 1846 |
|
township,
municipal, or federal government, unless
a church, | 1847 |
| county,
township, or
municipal
corporation has
specifically | 1848 |
| requested in writing
that the property be included in
the | 1849 |
| district, or by the owners of
at least seventy-five per cent
of | 1850 |
| the area of all real property located
within the proposed | 1851 |
|
district, excluding church property or property
owned by the | 1852 |
|
state, county, township, municipal, or federal government, unless | 1853 |
|
a
church, county, township,
or municipal corporation has | 1854 |
|
specifically requested in writing
that the property be included in | 1855 |
|
the
district. For
purposes of determining compliance with these | 1856 |
|
requirements, the
area of the district, or the front footage and | 1857 |
|
ownership of
property, shall be as shown in the most current | 1858 |
|
records available
at the county recorder's office and the county | 1859 |
|
engineer's office
sixty days prior to the date on which the | 1860 |
|
petition is
filed. | 1861 |
| After the initial plan is approved by all municipal | 1889 |
|
corporations and townships
to which it is submitted for approval | 1890 |
|
and the district is
created, each participating subdivision
shall | 1891 |
|
levy a special assessment within its boundaries to pay for the | 1892 |
|
costs of
the initial plan. The levy shall be for no more than
ten | 1893 |
|
years from the date of the approval of the initial plan. For | 1894 |
|
purposes of
levying an assessment for this initial plan, the | 1895 |
|
services or
improvements included in the initial plan shall be | 1896 |
|
deemed a special
benefit to property owners within the district. | 1897 |
| (C) That the corporation, its successors and assigns,
shall | 1933 |
| use, develop, and redevelop the real property of the
project in | 1934 |
| accordance with, and for the period of, the community
development | 1935 |
| plan approved by the governing body of the municipal
corporation | 1936 |
| for the blighted area in which the project is
situated and shall | 1937 |
| so bind its successors and assigns by
appropriate agreements and | 1938 |
| covenants running with the land
enforceable by the municipal | 1939 |
corporation.; | 1940 |
| (E) That the corporation or the municipal corporation, or | 1945 |
|
both, shall provide for carrying out relocation of persons, | 1946 |
|
families, business concerns, and others displaced by the project, | 1947 |
|
pursuant to a relocation plan, including the method for the | 1948 |
|
relocation of residents in decent, safe, and sanitary dwelling | 1949 |
|
accommodations, and reasonable moving costs, determined to be | 1950 |
|
feasible by the governing body of the municipal corporation.
Where | 1951 |
| the relocation plan is carried out by the corporation, its | 1952 |
|
officers, employees, agents, or lessees, the municipal
corporation | 1953 |
| shall enforce and supervise the corporation's
compliance with the | 1954 |
| relocation plan. If the corporation refuses
or fails to comply | 1955 |
| with the relocation plan and the municipal
corporation fails or | 1956 |
| refuses to enforce compliance with such
plan, the director of | 1957 |
| development may request the attorney
general to commence a civil | 1958 |
| action against the municipality and
the corporation to require | 1959 |
| compliance with such relocation plan.
Prior to requesting action | 1960 |
| by the attorney general the director
shall give notice of the | 1961 |
| proposed action to the municipality and
the corporation, provide | 1962 |
| an opportunity to such municipality and
corporation for | 1963 |
| discussions on the matter, and allow a reasonable
time in which | 1964 |
| the corporation may begin compliance with the
relocation plan, or | 1965 |
| the municipality may commence enforcement of
the relocation plan. | 1966 |
(K) That all wages paid to laborers and mechanics employed | 1984 |
for work on such projects, other than for residential structures | 1985 |
containing seven or less family units, shall be paid at the | 1986 |
prevailing rates of wages of laborers and mechanics for the class | 1987 |
of work called for by the project, which wages shall be
determined | 1988 |
in accordance with the requirements of Chapter 4115.
of the | 1989 |
Revised Code for determination of prevailing wage rates,
provided | 1990 |
that the requirements of this division do not apply
where the | 1991 |
federal government or any of its agencies furnishes by
law or | 1992 |
grant all or any part of the funds used in connection with
such | 1993 |
project and prescribes predetermined minimum wages to be
paid to | 1994 |
such laborers and mechanics. | 1995 |
| (1) For a cultural project other than a state historical | 2004 |
|
facility,
construction services may be provided on
behalf of the | 2005 |
|
state by the Ohio cultural facilities
commission, or by a | 2006 |
|
governmental agency or a cultural organization
that occupies, will | 2007 |
|
occupy, or is responsible for the Ohio cultural
facility, as | 2008 |
|
determined by the
commission. For a project receiving a state | 2009 |
| appropriation of fifty thousand dollars or less, the commission | 2010 |
| may delegate to its executive director the authority to approve | 2011 |
| the provision of construction services by such an agency or | 2012 |
| organization, but not the authority to disapprove that provision. | 2013 |
|
Construction services to be
provided by a
governmental agency or
a | 2014 |
| cultural organization shall be
specified in
an agreement between | 2015 |
|
the commission and the
governmental agency or
cultural | 2016 |
| organization.
The agreement, or any
actions taken under it,
are | 2017 |
| not subject to
Chapter 123. or 153. of
the Revised Code,
except | 2018 |
for sections
123.081 and 153.011 of the
Revised Code, and
shall be | 2019 |
subject to Chapter
4115. of the Revised
Code. | 2020 |
| (2) For a cultural project that is a state
historical | 2021 |
| facility,
construction
services
may be provided by the Ohio | 2022 |
| cultural
facilities commission or by
a cultural organization that | 2023 |
| occupies,
will occupy, or is responsible for the
facility, as | 2024 |
| determined by
the commission. For a facility receiving a state | 2025 |
| appropriation of fifty thousand dollars or less, the commission | 2026 |
| may delegate to its executive director the authority to approve | 2027 |
| the provision of construction services by such an organization, | 2028 |
| but not the authority to disapprove that provision. The | 2029 |
| construction services to be
provided by the
cultural organization | 2030 |
| shall be specified in an agreement between
the
commission and the | 2031 |
| cultural organization. That agreement,
and any
actions
taken under | 2032 |
it, are not subject to Chapter 123.,or
153., or
4115. of the | 2033 |
| Revised
Code. | 2034 |
| (B) For an Ohio sports facility that is financed in part by
| 2035 |
| obligations issued pursuant to Chapter 154. of the Revised Code, | 2036 |
| construction services shall be
provided on
behalf of the state by | 2037 |
| or at the direction of the
governmental agency or
nonprofit | 2038 |
| corporation that will own or be
responsible for the management of | 2039 |
|
the facility, all as determined
by the
Ohio cultural facilities | 2040 |
| commission. For a facility receiving a state appropriation of | 2041 |
| fifty thousand dollars or less, the commission may delegate to its | 2042 |
| executive director the authority to approve the provision of | 2043 |
| construction services by or at the direction of the agency or | 2044 |
| corporation, but not the authority to disapprove that provision. | 2045 |
| Any
construction services
to be provided by a governmental agency | 2046 |
| or
nonprofit corporation shall be
specified in an agreement | 2047 |
| between
the commission and the governmental agency
or nonprofit | 2048 |
|
corporation. That agreement, and any actions taken under
it,
are | 2049 |
|
not subject to Chapter 123. or 153. of the Revised Code,
except | 2050 |
for sections
123.081 and 153.011 of the Revised Code, and
shall be | 2051 |
subject to
Chapter 4115. of the Revised Code. | 2052 |
| (C) General building services for an Ohio cultural facility | 2053 |
|
shall be provided by
the
Ohio cultural facilities
commission or by | 2054 |
| a cultural
organization that
occupies, will occupy,
or is | 2055 |
| responsible for the
facility, as determined by
the
commission. For | 2056 |
| a facility receiving a state appropriation of fifty thousand | 2057 |
| dollars or less, the commission may delegate to its executive | 2058 |
| director the authority to approve the provision of general | 2059 |
| building services by such an organization, but not the authority | 2060 |
| to disapprove that provision. Alternatively, the Ohio
building | 2061 |
| authority may elect to
provide those services for Ohio
cultural | 2062 |
| facilities financed with
proceeds of state bonds issued by
the | 2063 |
| authority.
The costs of
management and general building
services | 2064 |
| shall
be paid by the cultural
organization that occupies,
will | 2065 |
|
occupy, or
is responsible for the
facility as provided in an | 2066 |
|
agreement between the
commission and
the cultural organization, | 2067 |
| except
that the state may pay for general
building services for | 2068 |
|
state-owned cultural
facilities constructed on
state-owned land. | 2069 |
| General building services for
an Ohio sports facility shall | 2070 |
|
be provided by or at the direction of
the governmental agency or | 2071 |
|
nonprofit corporation that will be responsible for
the management | 2072 |
|
of the facility, all as determined by the commission. For a | 2073 |
| facility receiving a state appropriation of fifty thousand dollars | 2074 |
| or less, the commission may delegate to its executive director the | 2075 |
| authority to approve the provision of general building services by | 2076 |
| or at the direction of the agency or corporation, but not the | 2077 |
| authority to disapprove that provision. Any
general
building | 2078 |
| services to be provided by a governmental agency or
nonprofit | 2079 |
|
corporation
for an Ohio sports facility shall be
specified in
an | 2080 |
| agreement between the commission and the
governmental agency or | 2081 |
| nonprofit corporation. That
agreement, and
any
actions taken under | 2082 |
| it, are not subject to
Chapter 123. or
153.
of the Revised Code, | 2083 |
except for sections
123.081 and 153.011
of
the Revised Code,
and | 2084 |
shall be subject to
Chapter 4115. of the
Revised Code. | 2085 |
| (2) The commission has determined that, as an indication of | 2100 |
|
substantial regional support for
the cultural project, the | 2101 |
| cultural
organization has made
provision
satisfactory to the | 2102 |
| commission, in
its sole discretion, for
local contributions | 2103 |
| amounting to
not less
than fifty per cent of the total state | 2104 |
| funding
for the cultural
project. For a project receiving a state | 2105 |
| appropriation of fifty thousand dollars or less, the commission | 2106 |
| may delegate to its executive director the authority to determine | 2107 |
| the adequacy of the regional support but only in the affirmative. | 2108 |
| (3) The general assembly has specifically authorized the | 2109 |
|
spending of money on, or made an appropriation for, the | 2110 |
|
construction of the cultural project, or for rental
payments | 2111 |
| relating
to
the financing of the construction of the cultural | 2112 |
| project.
Authorization
to spend money, or an appropriation, for | 2113 |
| planning
the cultural
project
does not constitute authorization to | 2114 |
| spend money
on, or an
appropriation for, construction of the | 2115 |
| cultural project. | 2116 |
| (E) No state funds, including any state bond proceeds, shall | 2117 |
|
be spent on the
construction of any state historical facility | 2118 |
|
under this chapter unless the
general assembly has specifically | 2119 |
|
authorized the spending of money on, or made
an appropriation for, | 2120 |
|
the construction of the state historical project related to
the | 2121 |
| facility, or
for rental payments
relating to the financing of the | 2122 |
| construction
of the state historical
project. Authorization
to | 2123 |
| spend money, or an
appropriation, for planning the state | 2124 |
| historical
project does not
constitute
authorization to spend | 2125 |
| money on, or an appropriation
for, the
construction of the state | 2126 |
| historical project. | 2127 |
| (2) As an indication of substantial local support for the | 2141 |
|
facility, the
commission has received a financial and development | 2142 |
|
plan satisfactory to it,
and provision has been made, by agreement | 2143 |
|
or otherwise, satisfactory to the
commission, for a contribution | 2144 |
|
amounting to not less than eighty-five per cent
of the total | 2145 |
|
estimated construction cost of the facility, excluding any site | 2146 |
|
acquisition cost, from sources other than the state. For a | 2147 |
| facility receiving a state appropriation of fifty thousand dollars | 2148 |
| or less, the commission may delegate to its executive director the | 2149 |
| authority to evaluate the financial and development plan and the | 2150 |
| contribution and to determine their adequacy but only in the | 2151 |
| affirmative. | 2152 |
| (3) The general assembly has specifically authorized the | 2153 |
|
spending of money
on, or made an appropriation for, the | 2154 |
|
construction of the facility, or for
rental payments relating to | 2155 |
|
state financing of all or a portion of the costs
of constructing | 2156 |
|
the facility. Authorization to spend money, or an
appropriation, | 2157 |
|
for planning or determining the feasibility of or need for the | 2158 |
|
facility does not constitute authorization to spend money on, or | 2159 |
|
an
appropriation for, costs of constructing the facility. | 2160 |
| (1) Motorsports events shall be presented at the facility | 2174 |
| pursuant to a lease entered into with the owner of the facility. | 2175 |
| The term of the lease shall be for a period of not less than the | 2176 |
| greater of the useful life of the portion of the facility financed | 2177 |
| from proceeds of state bonds as determined using the guidelines | 2178 |
| for maximum maturities as provided under divisions (B) and (C) of | 2179 |
| section 133.20 of the Revised Code, or the period of time | 2180 |
| remaining to the date of payment or provision for payment of | 2181 |
| outstanding state bonds allocable to costs of the facility, all as | 2182 |
| determined by the director of budget and management and certified | 2183 |
| by the director to the Ohio cultural facilities commission and to | 2184 |
| the treasurer of state. | 2185 |
| (A) "Public authority" means any
officer, board, or | 2205 |
| commission of the state, or any political
subdivision of the | 2206 |
| state, or any
institution supported in whole or in part by public | 2207 |
|
funds, authorized to enter into a contract
for the construction of | 2208 |
| a public improvement or to construct a
public improvement by the | 2209 |
| direct employment of labor. "Public authority"
shall not mean any | 2210 |
| municipal corporation that has adopted a charter under
sections | 2211 |
three and seven of article XVIII of the Ohio
constitution | 2212 |
| Constitution, unless the specific contract
for a public | 2213 |
| improvement includes
state funds appropriated for the purposes of | 2214 |
| that public improvement. | 2215 |
| (C) "Public improvement"
means all buildings, roads, streets, | 2229 |
| alleys, sewers, ditches,
sewage disposal plants, water works, and | 2230 |
| other structures or
works constructed by a public authority
or by | 2231 |
| any person who,
pursuant to a contract with a public authority, | 2232 |
| constructs any
structure or work for a public authority. When a | 2233 |
| public authority rents or
leases a newly constructed structure | 2234 |
| within six months after
completion of its construction, all work | 2235 |
| performed on that
structure to suit it for occupancy by a public | 2236 |
| authority is a
"public improvement." | 2237 |
| Except as provided in division (C) of this section,
when the | 2258 |
| cost of a contract for the construction of any building, | 2259 |
|
structure, or other improvement undertaken by a port authority | 2260 |
| involves an
expenditure exceeding
twenty-five thousand
dollars and | 2261 |
| the port authority is the contracting entity, the
port authority | 2262 |
| shall make a written contract after notice calling for
bids for | 2263 |
| the award of the contract has been given by publication twice, | 2264 |
| with
at least
seven days between publications, in a newspaper of | 2265 |
| general circulation in the
area of the jurisdiction of the port | 2266 |
| authority. Each
such contract
shall be let to the lowest | 2267 |
| responsive and responsible
bidder in accordance with section 9.312 | 2268 |
| of the Revised Code.
Every contract let shall be in writing and if | 2269 |
| the contract
involves work or construction, it shall be | 2270 |
| accompanied by or
shall refer to plans and specifications for the | 2271 |
| work to be done,
prepared for and approved by the port authority, | 2272 |
| signed by an authorized
officer of the port authority and by the | 2273 |
|
contractor, and shall
be executed in triplicate. | 2274 |
| (C)(1) If
a contract is to be negotiated and awarded without | 2302 |
|
competitive bidding for the reason set forth in division
(B)(2) of | 2303 |
| this section, the
port authority shall publish a notice calling | 2304 |
| for technical
proposals at least twice, with at least seven days | 2305 |
| between
publications, in a newspaper of general circulation in the | 2306 |
| area
of the port authority. After receipt of the technical | 2307 |
|
proposals, the port authority may negotiate with and award a | 2308 |
|
contract for the improvement to the proposer making the proposal | 2309 |
|
considered to be the most advantageous to the port authority. | 2310 |
(D) No contract for the construction or repair of any | 2317 |
building,
structure, or other
improvement and no loan agreement | 2318 |
for the borrowing of funds for
any such improvement undertaken by | 2319 |
a port authority, where the
port authority is the contracting | 2320 |
entity, shall be executed
unless laborers and mechanics employed | 2321 |
on such improvements are
paid at the prevailing rates of wages of | 2322 |
laborers and mechanics
for the class of work called for by the | 2323 |
improvement.
The wages shall be determined in accordance with the | 2324 |
requirements of
Chapter 4115. of the Revised Code for the | 2325 |
determination of prevailing
wage rates, provided that the | 2326 |
requirements of this section do not
apply where the federal | 2327 |
government or any of its agencies
furnishes by loan or grant all | 2328 |
or any part of the funds used in
connection with such project and | 2329 |
prescribes predetermined minimum
wages to be paid to the laborers | 2330 |
and mechanics. | 2331 |
| (3) Sue and be sued in its own name, plead and be impleaded, | 2336 |
| provided any
actions against the district shall be brought in the | 2337 |
| court of common pleas of
the county in which the principal office | 2338 |
| of the district is located, or in the
court of common pleas of the | 2339 |
| county in which the cause of action arose, and
all summonses, | 2340 |
| exceptions, and notices of every kind shall be served on the | 2341 |
|
district by leaving a copy thereof at its principal office
with | 2342 |
| the secretary-treasurer; | 2343 |
| (9) Employ or retain or contract for the services of | 2361 |
| consulting engineers,
superintendents, managers, and such other | 2362 |
| engineers, construction and
accounting experts, financial | 2363 |
| advisers, trustees, marketing, remarketing, and
administrative | 2364 |
| agents, attorneys, and other employees, independent
contractors, | 2365 |
| or agents as are necessary in its judgment and fix their | 2366 |
|
compensation, provided all such expenses shall be payable solely | 2367 |
| from the
proceeds of bonds or from revenues; | 2368 |
| (10) Receive and accept from the federal or any state or | 2369 |
|
local government, including, but not limited to, any agency, | 2370 |
|
entity, or instrumentality of any of the foregoing, loans and | 2371 |
|
grants for or in
aid of the construction, maintenance, or
repair | 2372 |
| of any project, and receive and accept aid or contributions from | 2373 |
| any
source or person of money, property, labor, or other things of | 2374 |
| value, to be
held, used, and applied only for the purposes for | 2375 |
| which such
loans, grants, and contributions are made.
Nothing in | 2376 |
| division (A)(10) of this section shall be construed as
imposing | 2377 |
| any liability on this state for any loan received by a | 2378 |
| transportation
improvement district from a third party unless this | 2379 |
| state has entered into an
agreement to accept such liability. | 2380 |
| (2) Payments to the property owner or a contractor hired
by | 2423 |
| the property owner pursuant to a competitive process
established | 2424 |
| by district rules, for the cost of disconnections,
reconnections, | 2425 |
| relocations, or sewer back-up prevention required by rules adopted | 2426 |
| pursuant
to division (A) of this section after the board, pursuant | 2427 |
| to its
rules, has approved the work to be performed and after the | 2428 |
| county
has received from the property owner a statement releasing | 2429 |
| the
county from all liability in connection with the | 2430 |
| disconnections,
reconnections, relocations, or sewer back-up | 2431 |
| prevention. | 2432 |
| (1) A charge to the property owner in the amount of the | 2439 |
|
payment made pursuant to division (C) of this section for | 2440 |
|
immediate payment or payment in installments with interest as | 2441 |
|
determined by the board not to exceed ten per cent, which
payments | 2442 |
| may be billed as a separate item with the rents charged
to that | 2443 |
| owner for use of the sewers. The board may approve
installment | 2444 |
| payments for a period of not more than fifteen years.
If charges | 2445 |
| are to be paid in installments, the board shall
certify to the | 2446 |
| county auditor information sufficient to identify
each subject | 2447 |
| parcel of property, the total of the charges to be
paid in | 2448 |
| installments, and the total number of installments to be
paid. The | 2449 |
| auditor shall record the information in the sewer
improvement | 2450 |
| record until these charges are paid in full. Charges
not paid when | 2451 |
| due shall be certified to the county auditor, who
shall place the | 2452 |
| charges upon the real property tax list and
duplicate against that | 2453 |
| property. Those charges shall be a lien on
the property from the | 2454 |
| date they are placed on the tax list and
duplicate and shall be | 2455 |
| collected in the same manner as other
taxes. | 2456 |
| (2) A special assessment levied against the property,
payable | 2457 |
| in the number of years the board determines, not to
exceed fifteen | 2458 |
| years, with interest as determined by the board
not to exceed ten | 2459 |
| per cent. The board
shall certify the assessments to the county | 2460 |
| auditor, stating the
amount and time of payment. The auditor shall | 2461 |
| record the
information in the county sewer improvement record, | 2462 |
| showing
separately the assessments to be collected, and shall | 2463 |
| place the
assessments upon the real property tax list and | 2464 |
| duplicate for
collection. The assessments shall be a lien on the | 2465 |
| property from
the date they are placed on the tax list and | 2466 |
| duplicate and shall be
collected in the same manner as other | 2467 |
| taxes. | 2468 |
| (E) The county may adopt a resolution specifying a maximum | 2469 |
|
amount of the cost of any disconnection, reconnection, | 2470 |
|
relocation, or sewer back-up prevention required pursuant to | 2471 |
| division (A) of this section that
may be paid by the county for | 2472 |
| each affected parcel of property
without requiring reimbursement. | 2473 |
| That amount may be allowed only
if there is a building code, | 2474 |
| health code, or other relevant code, or a federally imposed or | 2475 |
| state-imposed consent decree that is filed or otherwise recorded | 2476 |
| in a court of competent jurisdiction,
applicable to the affected | 2477 |
| parcel that prohibits in the future
any inflows or sewer back-ups | 2478 |
| not allowed under rules adopted pursuant to division
(A)(1) or (4) | 2479 |
| of this section. The board, by rule, shall establish
criteria for | 2480 |
| determining how much of the maximum amount for each
qualifying | 2481 |
| parcel need not be reimbursed. | 2482 |
| Section 2. That existing sections 121.08, 164.07, 166.02, | 2498 |
| 176.011, 307.022, 307.671, 307.673, 307.674, 307.696, 351.06, | 2499 |
| 1311.25, 1509.071, 1521.26, 1551.33,
1710.02, 1728.07, 3383.07, | 2500 |
| 4116.01, 4582.12, 5540.03, and 6117.012 and sections 122.0818, | 2501 |
| 122.452,
165.031, 176.05, 1551.13, 3706.042, 4115.03, 4115.031, | 2502 |
| 4115.032, 4115.033, 4115.034, 4115.04, 4115.05, 4115.06, 4115.07, | 2503 |
| 4115.071, 4115.08, 4115.09, 4115.10, 4115.101, 4115.11, 4115.12, | 2504 |
| 4115.13,
4115.131, 4115.132, 4115.133, 4115.14, 4115.15, 4115.16, | 2505 |
| 4115.21, 4115.99,
4582.37, 4981.23, and 6121.061 of the Revised | 2506 |
| Code are hereby
repealed. | 2507 |