As Reported by the Senate Finance and Financial Institutions Committee
127th General Assembly | Regular Session | 2007-2008 |
| |
Cosponsors:
Representatives Evans, McGregor, J., Bubp, Raussen, Blessing, Uecker, Batchelder, Adams, Hughes, Collier, Combs, Patton, Yuko, Stebelton, Hite, Gibbs, Stewart, J., Jones, Webster, Bacon, Schindel, Huffman, Daniels, Dolan, Hagan, J., McGregor, R., Wachtmann, Wagner, Skindell, Fessler, Book, Peterson, Stewart, D., Coley, Goodwin, Domenick, Bolon, Boyd, Brown, Celeste, Core, DeBose, Dodd, Dyer, Flowers, Garrison, Gerberry, Goyal, Hagan, R., Letson, Luckie, Lundy, Mallory, Mecklenborg, Newcomb, Oelslager, Schneider, Setzer, Wolpert, Zehringer
A BILL
To amend sections 117.11, 133.20, 145.297, 717.02,
733.40,
1901.024,
1901.07, 1901.08, 1901.31,
1907.20,
2949.111, 3301.0715, 3302.04, 3302.10,
3313.97, 3314.03, 3326.17,
3333.375, 3375.49,
3375.50, 4513.35,
5111.89,
5111.891, 5111.894,
5709.75, and
5739.02; to
amend, for the purpose
of adopting a
new section
number as indicated in
parentheses,
section
3375.50 (307.515); to enact
sections
107.41,
113.41, 125.112, 125.901,
125.902,
307.51,
307.511, 307.512, 307.513,
307.514,
307.516,
1333.851, 3302.041, and
3375.481; to repeal
sections
3375.48, 3375.51,
3375.52, 3375.53,
3375.54,
3375.55, and 3375.56;
to repeal on
December 31,
2009, section 3375.49
of the Revised
Code, as
amended by this act; to
amend Sections
309.30.50
and 309.30.53 of Am.
Sub. H.B. 119 of
the 127th
General Assembly, to
amend Sections
201.60.20,
201.60.30, 301.40.10,
and 301.60.50 of
H.B. 496 of
the 127th General
Assembly, and to
amend Sections
231.10.20,
231.20.30, 233.30.40,
and 233.40.10 of
Am. Sub.
H.B. 562 of the 127th
General Assembly;
and to
amend Section 525.10 of
Am. Sub. H.B. 699
of the
126th General Assembly,
to promote
transparency
with respect to state
spending, state
real
property management, and
state program
effectiveness by requiring certain
information to
be posted on-line, to create a
county law library
resources board in each county
and a statewide
consortium of such boards, to
reconstitute the
Task Force on Law Library
Associations, to
specify
the compensation of
certain Senate
officers, to
recalculate the local
share of a
new classroom
facilities project for
certain
school districts
that previously received
facilities assistance, to
allow the Chancellor of
the Board of Regents to
use money in the Ohio
Outstanding Scholarship and
the Ohio Priority
Needs Fellowship programs
payment funds to
provide state need-based
financial aid for higher
education, to permit
arbitration or alternative
dispute resolution
provisions in a contract with
the Auditor of State
for attest services to apply
to disputed services
rendered by an independent
accountant, to expand
the sales tax exemption for
aircraft repair
services, to permanently
authorize eligible
townships to use tax increment
financing revenue
for current public safety
expenses, to modify
municipal authority regarding
the procurement of energy conservation measures,
to
remove the requirement that Portage County
municipal court judges be nominated only by
petition, to change the status of the judge of the
Hillsboro Municipal Court from part-time to
full-time, to require compensation of an alcoholic
beverage distributor before re-assigning the
distributor's product or brand territory, to
authorize the conveyance of certain state-owned
real estate, to specify how retirement incentive
plan costs are to be treated, to require certain
school districts to implement corrective actions
specified in the Department of Education's Model
of Differentiated Accountability, to create the
Governor's Policy Information Working Group, to
make an appropriation, and to
declare an
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 101.01. That sections 117.11, 133.20, 145.297,
717.02, 733.40,
1901.024, 1901.07, 1901.08, 1901.31, 1907.20,
2949.111, 3301.0715, 3302.04, 3302.10, 3313.97, 3314.03, 3326.17,
3333.375,
3375.49, 3375.50, 4513.35, 5111.89, 5111.891, 5111.894,
5709.75,
and 5739.02 be amended; section 3375.50 (307.515) be
amended for
the purpose of adopting a new section number as
indicated in
parentheses; and sections 107.41, 113.41, 125.112,
125.901,
125.902, 307.51, 307.511, 307.512, 307.513, 307.514,
307.516,
1333.851, 3302.041, and 3375.481 of the Revised Code be
enacted to read as
follows:
Sec. 107.41. (A) As used in this section, "department" has
the same meaning as in section 121.01 of the Revised Code.
(B) Whenever the governor finds necessary, the governor shall
direct each department to establish goals and metrics that, when
achieved, will further the governor's leadership agenda.
(C) To increase transparency, each department's performance
measures, which shall be determined by assessing the department's
adherence to the goals and metrics developed pursuant to this
section, shall be periodically posted on the governor's web site.
Sec. 113.41. (A) The treasurer of state shall develop and
maintain a comprehensive and descriptive database of all real
property under the custody and control of the state, except when
otherwise required for reasons of homeland security. The
information in the database shall be available to the public free
of charge through a searchable internet web site. The treasurer of
state shall allow for public comment on property owned by the
state.
(B) For purposes of the database, the Ohio geographically
referenced information program council established in section
125.901 of the Revised Code shall provide to the treasurer of
state, and the treasurer of state shall collect, information, in a
format prescribed by the treasurer of state, that adequately
describes, when known, the location, acreage, and use of
state-owned property. The council shall make its best efforts to
obtain the required information on the state-owned property and
shall submit updated information to the treasurer of state as it
becomes available.
(C) As used in this section, "state-owned property" does
not
include state property owned or under the control of the general
assembly or any legislative agency, any
court or judicial agency,
the secretary of state, auditor of
state, treasurer of state, or
attorney general and their
respective offices.
Sec. 117.11. (A) Except as otherwise provided in this
division and in sections 117.112 and 117.113 of the Revised Code,
the auditor
of state shall audit
each public office
at least once
every two
fiscal years. The auditor of state
shall
audit a public
office
each fiscal year if that public office is
required
to be
audited
on an annual basis pursuant to "The Single
Audit Act of
1984," 98
Stat. 2327, 31 U.S.C.A. 7501
et seq., as
amended. In
the annual or
biennial audit,
inquiry shall be made
into the
methods, accuracy,
and legality of
the accounts,
financial
reports, records, files,
and reports of
the office,
whether the
laws, rules, ordinances,
and orders
pertaining
to the
office have
been observed, and
whether the requirements
and rules
of the
auditor of state have
been complied with.
Except as
otherwise
provided in this division
or where auditing
standards or
procedures dictate otherwise,
each
audit shall cover at least one
fiscal year. If a public office is
audited only once every two
fiscal years, the audit shall cover
both fiscal
years.
(B) In addition to the annual or biennial audit provided for
in
division (A) of this section, the auditor of state may conduct
an
audit of a public office
at any time
when so requested by the
public office or upon the auditor of state's own
initiative if the
auditor of state has reasonable cause to believe that an
additional audit is in the public interest.
(C)(1) The auditor of state shall identify any public
office
in which the auditor of state will be unable to conduct an
audit
at least once every two fiscal years as required by
division (A)
of this section and shall provide immediate written notice to the
clerk
of the legislative authority or governing board of the
public
office so identified. Within six months of the receipt of
such
notice, the legislative authority or governing board may
engage
an independent certified public accountant to conduct an
audit
pursuant to section 117.12 of the Revised Code.
(2) When the chief fiscal officer of a public office
notifies
the auditor of state that an audit is required at a time
prior to
the next regularly scheduled audit by the auditor of
state, the
auditor of state shall either cause an earlier audit
to
be made by
the auditor of state or authorize the legislative
authority or
governing board of the public office to engage an
independent
certified public accountant to conduct the required
audit. The
scope of the audit shall be as authorized by the
auditor of state.
(3) The auditor of state shall approve the scope of an
audit
under division (C)(1) or (2) of this section as set
forth in the
contract for the proposed audit before the contract is
executed on
behalf of the public office that is to be audited.
The independent
accountant conducting an audit under division
(C)(1) or (2) of
this section shall be paid by the public
office.
(4) The contract for attest services with an independent
accountant employed pursuant to this section or section 115.56 of
the Revised Code may include binding arbitration provisions,
provisions of Chapter 2711. of the Revised Code, or any other
alternative dispute resolution procedures to be followed in the
event a dispute remains between the state or public office and the
independent accountant concerning the terms of or services under
the contract, or a
breach of the contract, after the
administrative provisions of the
contract have been exhausted.
(D) If a uniform accounting network is established under
section 117.101 of the Revised Code, the auditor of state or a
certified public accountant employed pursuant to this section or
section 115.56 or 117.112 of the Revised Code shall, to the extent
practicable, utilize services offered by the network in order to
conduct efficient and economical audits of public offices.
(E) The auditor of state shall, in accordance with
division
(A)(3) of section 9.65 of the Revised Code and this
section, audit
an annuity program for volunteer fire fighters
established by a
political subdivision under section 9.65 of the
Revised Code. As
used in this section, "volunteer fire fighters"
and "political
subdivision" have the same meanings as in division
(C) of section
9.65 of the Revised Code.
Sec. 125.112. (A) As used in this section:
(1) "Agency" means a department created under section 121.02
of the Revised Code.
(2) "Entity" means, whether for profit or nonprofit, a
corporation, association, partnership, limited liability company,
sole proprietorship, or other business entity. "Entity" does not
include an individual who receives state assistance that is not
related to the individual's business.
(3)(a) "State award" means a contract awarded by the state
costing over twenty-five thousand dollars.
(b) "State award" does not include compensation received as
an employee of the state or any state financial assistance and
expenditure received from the general assembly or any legislative
agency, any court or judicial agency, the secretary of state,
auditor of state, treasurer of state, or attorney general and
their respective offices.
(B) The department of administrative services shall establish
and
maintain a single searchable web site, accessible by the
public at
no cost, that includes all of the following information
for each
state award:
(1) The name of the entity receiving the award;
(2) The amount of the award;
(3) Information on the award, the agency
or other
instrumentality of the state that is providing the award, and the
commodity code;
(4) Any other relevant information determined by the
department of administrative services.
(C) The department of administrative services may consult
with
other state agencies in the development, establishment,
operation,
and support of the web site required by division (B)
of this section. State awards shall be posted on the
web site
within thirty days after being made. The department of
administrative services shall provide an opportunity for public
comment as
to the utility of the web site required by division
(B) of this section and any suggested improvements.
(D) The web site required by division (B) of this section
shall be fully
operational not later than one year after the
effective date of this section and shall include
information on
state awards made in fiscal year 2008 and
thereafter. It shall
also provide an electronic link to the daily
journals of the
senate and house of representatives.
(E) The director of administrative services shall submit to
the
general assembly an annual report regarding the
implementation of
the web site established pursuant to division
(B) of this section. The report shall include data regarding the
usage of
the web site and any public comments on the utility of
the site,
including recommendations for improving data quality
and
collection. The director shall post each report on the web
site.
(F) Each agency awarding a grant to an entity in fiscal year
2008 and thereafter shall establish and maintain a separate web
site listing the name of the entity receiving each grant, the
grant amount, information on each grant, and any other relevant
information determined by the department of administrative
services. Each agency shall provide the link to such a web site to
the department of administrative services within a reasonable time
after the effective date of this section and shall thereafter
update its web site within thirty days of awarding a new grant.
Not later than one year after the effective date of this section,
the department of administrative services shall establish and
maintain a separate web site, accessible to the public at no cost,
which contains the links to the agency web sites required by this
division.
(G) The attorney general shall monitor the compliance of an
entity listed on the web site established pursuant to division (B)
of this section with the terms and conditions, including
performance metrics, if any, of a state award for economic
development received by that entity. As necessary, the agency that
makes and administers the state award shall assist the attorney
general with that monitoring. The attorney general shall submit to
the general assembly pursuant to section 101.68 of the Revised
Code an annual report regarding the level of compliance of such
listed entities with the terms and conditions, including any
performance metrics, of their state awards for economic
development. When the attorney general determines appropriate and
to the extent that an entity that receives or has received a state
award for economic development does not comply with a performance
metric that is specified in the terms and conditions of the award,
the attorney general shall pursue against and from that entity
such remedies and recoveries as are available under law.
(H)
Nothing in this section shall be construed as requiring
the disclosure of confidential information.
Sec. 125.901. (A) There is hereby established the Ohio
geographically referenced information program council within the
department of administrative services to coordinate the property
owned by the state. The department of administrative services
shall provide administrative support for the council.
(B) The council shall consist of the following fifteen
members:
(1) The state chief information officer, or the officer's
designee, who shall serve as the council chair;
(2) The director of the department of natural resources, or
the director's designee;
(3) The director of transportation, or the director's
designee;
(4) The director of environmental protection, or the
director's designee;
(5) The director of development, or the director's designee;
(6) The treasurer of state, or the treasurer of state's
designee;
(7) An individual appointed by the governor from the
organization that represents the state's county auditors;
(8) An individual appointed by the governor from the
organization that represents the state's county commissioners;
(9) An individual appointed by the governor from the
organization that represents the state's county engineers;
(10) An individual appointed by the governor from the
organization that represents the state's regional councils;
(11) Two individuals appointed by the governor from the
organization that represents the state's municipal governments,
one of whom shall represent a municipality with a population of
fewer than one hundred thousand people and one of whom shall
represent a municipality with a population of one hundred thousand
or more people;
(12) An individual appointed by the governor representing the
interests of the regulated utilities in this state;
(13) An individual appointed by the governor representing the
interests of a public university;
(14) The attorney general, or the attorney general's
designee.
(C) The governor shall make initial appointments for the
members as provided in this section within a reasonable time. The
members appointed to the council by the governor pursuant to this
section shall serve two-year terms, with each term ending on the
same day of the same month as did the term that it succeeds. The
chair of the council shall appoint a new member to fill any
vacancy created by a member appointed by the governor before the
expiration of that member's term. Otherwise, vacancies shall be
filled in the same manner as provided in division (B) of this
section. Any member appointed to fill a vacancy occurring prior to
the expiration date of the term for which a predecessor was
appointed shall hold office as a member for the remainder of that
term. A member shall continue in office subsequent to the
expiration date of the member's term until the member's successor
takes office or until a period of sixty days has elapsed,
whichever occurs first. All members may be reappointed.
Sec. 125.902. (A) As used in this section, "state agency" or
"agency" does not include the general assembly or any legislative
agency, any court or judicial agency, the secretary of state,
auditor of state, treasurer of state, or attorney general and
their respective offices.
(B) The Ohio geographically referenced information program
council shall develop and annually update a real property
management plan. Every state agency authorized to own or acquire
real property shall provide the council with information necessary
to develop and update the plan.
(C) The plan shall include the following:
(1) A comprehensive report on the total number of real
property assets the state owns;
(2) Information uniquely identifying each real property asset
of each state agency and associated characteristics of the real
property;
(3) Life-cycle cost estimations associated with the costs
relating to the acquisition of real property
assets by purchase,
condemnation, exchange, lease, or otherwise;
(4) The cost and time required to dispose of state real
property assets and the financial recovery of the state investment
resulting from the disposal;
(5) The operating, maintenance, and security costs of state
properties, including the cost of utility services at unoccupied
properties;
(6) The environmental costs associated with ownership of
property, including the cost of environmental restoration and
compliance activities;
(7) Changes in the amount of vacant state space;
(8) The realization of equity value in state real property
assets;
(9) Opportunities for cooperative arrangements with the
commercial real estate community;
(10) The enhancement of agency productivity through an
improved working environment.
(D) The council shall develop and update a real property
inventory. Every state agency authorized to own or acquire real
property shall provide the council with information necessary to
develop and update the inventory. For purposes of the inventory,
each state agency shall provide to the council, and the council
shall collect, information uniquely identifying each real property
asset of each state agency and associated characteristics of the
real property. Each agency shall make its best efforts to obtain
the required information on the property it owns and shall submit
updated information to the council as it becomes available.
Sec. 133.20. (A) This section applies to bonds that are
general obligation Chapter 133. securities. If the bonds are
payable as to principal by provision for annual installments, the
period of limitations on their last maturity, referred to as
their
maximum maturity, shall be measured from a date twelve
months
prior to the first date on which provision for payment of
principal is made. If the bonds are payable as to principal by
provision for semiannual installments, the period of limitations
on their last maturity shall be measured from a date six months
prior to the first date on which provision for payment of
principal is made.
(B) Bonds issued for the following permanent improvements
or
for permanent improvements for the following purposes shall
have
maximum maturities not exceeding the number of years stated:
(a) The clearance and preparation of real property for
redevelopment as an urban redevelopment project;
(b) Acquiring, constructing, widening, relocating,
enlarging,
extending, and improving a publicly owned railroad or
line of
railway or a light or heavy rail rapid transit system,
including
related bridges, overpasses, underpasses, and tunnels,
but not
including rolling stock or equipment;
(c) Pursuant to section 307.675 of the Revised Code,
constructing or repairing a bridge using long life expectancy
material for the bridge deck, and purchasing, installing, and
maintaining any performance equipment to monitor the physical
condition of a bridge so constructed or repaired. Additionally,
the average maturity of the bonds shall not exceed the expected
useful life of the bridge deck as determined by the county
engineer under that section.
(a) General waterworks or water system permanent
improvements, including buildings, water mains, or other
structures and facilities in connection therewith;
(b) Sewers or sewage treatment or disposal works or
facilities, including fireproof buildings or other structures in
connection therewith;
(c) Storm water drainage, surface water, and flood
prevention
facilities.
(a) An arena, a convention center, or a combination of an
arena and convention center under section 307.695 of the Revised
Code;
(a) Municipal recreation, excluding recreational
equipment;
(b) Urban redevelopment projects;
(c) Acquisition of real property;
(d) Street or alley lighting purposes or relocating
overhead
wires, cables, and appurtenant equipment underground.
(5) Twenty years: constructing, reconstructing, widening,
opening, improving, grading, draining, paving, extending, or
changing the line of roads, highways, expressways, freeways,
streets, sidewalks, alleys, or curbs and gutters, and related
bridges, viaducts, overpasses, underpasses, grade crossing
eliminations, service and access highways, and tunnels.
(a) Resurfacing roads, highways, streets, or alleys;
(b) Alarm, telegraph, or other communications systems for
police or fire departments or other emergency services;
(c) Passenger buses used for mass transportation;
(d) Energy conservation measures as authorized by section
133.06
of the Revised Code.
(b) Fire department apparatus and equipment;
(c) Road rollers and other road construction and servicing
vehicles;
(d) Furniture, equipment, and furnishings;
(e) Landscape planting and other site improvements;
(f) Playground, athletic, and recreational equipment and
apparatus;
(g) Energy conservation measures as authorized by section
505.264 or 717.02 of the Revised Code.
(8) Five years: New motor vehicles other than those
described
in any other division of this section and those for
which
provision is made in other provisions of the Revised Code.
(C) Bonds issued for any permanent improvements not within
the categories set forth in division (B) of this section shall
have maximum maturities of from five to thirty years as the
fiscal
officer estimates is the estimated life or period of
usefulness of
those permanent improvements. Bonds issued under
section 133.51
of
the Revised Code for purposes other than
permanent improvements
shall have the maturities, not to
exceed
forty years, that the
taxing authority shall specify. Bonds issued for energy
conservation measures under section 307.041 of the Revised Code
shall have maximum maturities not exceeding the lesser of the
average life of
the energy conservation measures as detailed in
the energy
conservation report prepared under that section or
thirty years.
(D) Securities issued under section 505.265
or 717.07 of the
Revised
Code shall mature not later than December 31, 2035.
(E) A securities issue for one purpose may include
permanent
improvements within two or more categories under
divisions (B) and
(C) of this section. The maximum maturity of
such a bond issue
shall not exceed the average number of years of
life or period of
usefulness of the permanent improvements as
measured by the
weighted average of the amounts expended or
proposed to be
expended for the categories of permanent
improvements.
Sec. 145.297. (A) As used in this section, "employing
unit"
means:
(1) A municipal corporation, agency of a municipal
corporation designated by the legislative authority, park
district, conservancy district, sanitary district, health
district, township,
department of a township designated by the
board of township trustees, metropolitan housing authority, public
library, county law library, union cemetery, joint hospital, or
other political subdivision or unit of local government.
(2) With respect to state employees, any entity of the
state
including any department, agency, institution of higher
education,
board, bureau, commission, council, office, or
administrative body
or any part of such entity that is designated
by the entity as an
employing unit.
(3)(a) With respect to employees of a board of
alcohol, drug
addiction, and mental health services, that board.
(b) With respect to employees of a county board of mental
retardation and developmental disabilities, that board.
(c) With respect to other county employees, the county or
any
county agency designated by the board of county
commissioners.
(4) In the case of an employee whose employing unit is in
question, the employing unit is the unit through whose payroll
the
employee is paid.
(B) An employing unit may establish a retirement incentive
plan for its eligible employees. In the case of a county or
county
agency, decisions on whether to establish a retirement
incentive
plan for any employees other than employees of a board
of alcohol,
drug addiction, and mental health services or county
board of
mental retardation and developmental disabilities and on
the terms
of the plan shall be made by the board of county
commissioners. In
the case of a municipal corporation or an
agency of a municipal
corporation, decisions on whether to
establish a retirement
incentive plan and on the terms of the
plan
shall be made by the
legislative authority.
All terms of a retirement incentive plan shall be in
writing.
A retirement incentive plan shall provide for purchase by
the
employing unit of service credit for eligible employees who
elect
to participate in the plan and for payment by the employing
unit
of the entire cost of the service credit purchased.
Every retirement incentive plan shall remain in effect for
at
least one year. The employing unit shall give employees at
least
thirty days' notice before terminating the plan.
Every retirement incentive plan shall include provisions
for
the timely and impartial resolution of grievances and
disputes
arising under the plan.
No employing unit shall have more than one retirement
incentive plan in effect at any time.
(C) Any classified or unclassified employee of the
employing
unit who is a member of the public employees retirement
system
shall be eligible to participate in the retirement
incentive plan
established by the employee's employing unit
if the employee meets
the
following criteria:
(1) The employee is not any of the following:
(b) A member of a board or commission;
(c) A person elected to serve a term of fixed length;
(d) A person appointed to serve a term of fixed length,
other
than a person appointed and employed by the person's
employing
unit.
(2) The employee is or will be eligible to retire under
section 145.32, 145.34, 145.37, or division (A) of section 145.33
of the Revised Code on or before the date of termination of the
retirement incentive plan. Service credit to be purchased for
the
employee under the retirement incentive plan shall be
included in
making such determination.
(3) The employee agrees to retire under section 145.32,
145.34, 145.37, or division (A) of section 145.33 of the Revised
Code within ninety days after receiving notice from the public
employees retirement system that service credit has been
purchased
for the employee under this section.
Participation in the plan shall be available to all
eligible
employees except that the employing
unit may limit the
number of
participants in the plan to a
specified percentage of
its
employees who are members of the
public employees retirement
system on the date the plan goes into
effect. The percentage
shall not be less than five per cent of
such employees. If
participation is limited, employees with more total service
credit
have the right to elect to participate before employees
with less
total service credit. In the case of employees with
the same
total
service credit, employees with a greater length of
service
with
the employing unit have the right to elect to
participate
before
employees with less service with the employing
unit.
Employees
with less than eighteen months of service with
the
employing unit
have the right to elect to participate only
after
all other
eligible employees have been given the
opportunity to
elect to
participate. For the purpose of
determining which
employees may
participate in a plan, total
service credit includes
service
credit purchased by the employee
under this chapter after
the date
on which the plan is
established.
A retirement incentive plan that limits participation may
provide that an employee who does not notify the employing unit
of
the employee's decision to participate in the plan within
a
specified
period of time will lose priority to participate in the
plan
ahead of other employees with less seniority. The time given
to
an employee to elect to participate ahead of other employees
shall not be less than thirty days after the employee
receives
written
notice that the employee may participate in the plan.
(D) A retirement incentive plan shall provide for purchase
of
the same amount of service credit for each participating
employee,
except that the employer may not purchase more service
credit for
any employee than the lesser of the following:
(1) Five years of service credit;
(2) An amount of service credit equal to one-fifth of the
total service credited to the participant under this chapter,
exclusive
of service
credit
purchased under this section.
For each year of service credit purchased under this
section,
the employing unit shall pay an amount equal to the
additional
liability resulting from the purchase of that year of
service
credit, as determined by an actuary employed by the
public
employees retirement board.
(E) Upon the election by an eligible employee to
participate
in the retirement incentive plan, the employee and
the employing
unit shall agree upon a date for payment or
contracting for
payment in installments to the public employees
retirement system
of the cost of the service credit to be
purchased. The employing
unit shall submit to the public
employees retirement system a
written request for a determination
of the cost of the service
credit, and within forty-five days
after receiving the request,
the board shall give the employing
unit written notice of the
cost.
The employing unit shall pay or contract to pay in
installments the cost of the service credit to be purchased to
the
public employees retirement system on the date agreed to by
the
employee and the employing unit. The payment shall be made
in
accordance with rules adopted by the public employees
retirement
board. The rules may provide for payment in
installments and for
crediting the purchased credit to the
employee's account upon the
employer's contracting to pay the
cost in installments. The board
shall notify the member when the
member
is credited with service
purchased under this section. If the
employee does not retire
within ninety days after receiving
notice that the employee has
been credited with the purchased
service
credit, the system shall
refund to the employing unit the amount
paid for the service
credit.
No payment made to the public employees retirement system
under this section shall affect any payment required by section
145.48 of the Revised Code.
(F) For the purpose of determining whether the cost of a
retirement incentive plan established by a county or county agency
under this section is an allowable cost for the purpose of federal
funding for any year, the cost shall be considered abnormal or
mass severance pay only if fifteen per cent or more of the county
or county agency's employees participate in the plan in that year.
Sec. 307.51. (A) As used in this section, "county office"
means any officer, department, board, commission, or agency of a
county.
(B) There is hereby created in each county a
county law
library
resources board. The board shall consist of
five members
who shall
be appointed and hold office as provided
in section
307.511 of the
Revised Code. Beginning on January 1,
2010,
subject
to appropriation pursuant to section 307.513 of
the
Revised Code,
the board shall provide legal research,
reference,
and library
services to the county and to the
municipal
corporations,
townships, and courts within the county
and shall
manage
the
coordination, acquisition, and utilization
of legal
resources.
(C) The board shall employ a county law librarian who shall
be the chief administrator of the county law library resources
board and
may employ additional staff to perform any functions as
determined
by the board. The board shall fix the compensation of
the county
law librarian and any additional employees. All
employees of the county law library resources board shall be in
the unclassified civil service of the county.
(D)(1) The board may adopt any rules it considers necessary
for
its operation and shall adopt rules for the following:
(a) The expenditure of funds
that are appropriated for its
use pursuant to division (B) of
section 307.513 of the Revised
Code;
(b) Public access and hours of operation of the law library;
(d) The receipt of gifts to the county
law library resources
fund.
(2) The board shall not charge any fee for
any service
provided to any member of the general assembly or to
any officer
or employee of a county, municipal, or township
government or
court located within that county when the officer or
employee is
acting within the scope of the officer's or employee's
employment.
(3) Fees for services do not include fees for access to the
law library. The board shall not charge a fee for access to the
law library.
(4) The county law librarian or the librarian's designee
shall deposit all fees collected pursuant to this section by any
employee of the county law library resources board into the county
law library resources fund established pursuant to section 307.514
of the Revised Code.
(E) There is hereby established a transition advisory council
that shall consist of those individuals serving as
members of the
board of trustees of the law library association
of the county
that, as of the effective date of this section,
received fines,
penalties, and moneys arising from forfeited bail
under sections
3375.50 to 3375.53 of the Revised Code, as amended and repealed by
this act. The
transition advisory
council
shall exist from July
1, 2009 to
December 31, 2010.
After
December 31, 2010, the
board may create
an advisory
council that
is
comprised of
persons engaged in the
private
practice of law
and
with
expertise in the operation and
funding
of law
libraries.
(F) Subject to the approval of the board of county
commissioners of the county, the county law library resources
board may
contract with other county law library resources
boards, the statewide consortium
of law library resources boards,
private entities, or public agencies
for the provision of any
services that the county law library resources
board considers
necessary.
(G) After January 1, 2010, no county funds shall be used to
purchase,
lease, rent, operate, or contract for the use of any
legal
research or reference materials available in print, audio,
visual,
or other medium or, notwithstanding section 307.842 of
the Revised
Code, any equipment necessary to support the
utilization of that
medium without prior approval of the board.
If such approval is denied, the county office, notwithstanding
section 307.842 of the Revised Code, may purchase, lease, rent,
operate, or contract for the use of any legal research or
reference materials available in print, audio, visual, or other
medium at its own expense.
Sec. 307.511. (A) The five members of the county law library
resources board shall be residents of the county and shall be
appointed as follows:
(1) The prosecuting attorney of the county shall appoint one
member whose initial term shall expire on December 31, 2010.
(2) The administrative judges or presiding judges of all
municipal courts and county courts within the county shall meet to
appoint one member who is an attorney licensed to practice
law in
the state and in good standing before the supreme
court of Ohio
and whose initial term shall expire on December 31, 2011.
(3) The administrative judge or presiding judge of the court
of common pleas of the county shall appoint one member who is an
attorney licensed to practice law in the state and in
good
standing before the supreme court of Ohio and whose initial term
shall expire on
December 31, 2012.
(4) The board of county commissioners shall appoint one
member whose initial term shall expire on December 31, 2013.
(5) The board of county commissioners shall appoint one
member whose initial
term shall expire on December 31, 2014.
(B) The member appointed pursuant to division (A)(5) of this
section shall serve as the chairperson of the county law library
resources board until December 31, 2010. After that date, the
board shall select a chairperson from among the members of the
board.
(C)
During the period of July 1, 2009, through December
31,
2010, the county law library resources board shall consist of
seven
members and shall include members appointed pursuant to
division
(A) of this section and two members who are residents of
the
county appointed for this period by the board of trustees of
the
law library association within the county that, prior to the
effective date of this section, receives fines, penalties, and
moneys arising from forfeited bail pursuant to sections 3375.50 to
3375.53 of the Revised Code, as amended and repealed by this act.
(D) The initial appointments to the county law library
resources
board as provided in divisions (A) and (B) of this
section shall
be made on or before July 1, 2009, and for the
term specified.
Thereafter, terms for all members appointed
pursuant to division
(A) of this section shall be for five years,
with each term ending
on the same day of the same month as did
the term that it
succeeds.
(E) Each member of the board shall hold office from the date
of the member's appointment until the end of the term for which
the member was appointed. Vacancies
shall be filled within sixty
days after the vacancy occurs and
shall be filled in the manner
provided for original appointments.
Any member appointed to fill
a vacancy occurring prior to the
expiration date of the term for
which the member's predecessor was
appointed shall hold office as
a member for the remainder of that
term. A member shall continue
in office subsequent to the
expiration date of the member's term
until the member's successor
takes office or until a period of
sixty days has elapsed,
whichever occurs first.
(F) A member of the board of trustees of a law library
association may serve as a member of a county law library
resources board if the member discloses each membership
to the
board of trustees of the law library association and the
county
law library resources board.
Sec. 307.512. Within fifteen days after July 1, 2009,
the
county law library resources board shall hold its initial
meeting
at the
office of the board of county commissioners at a
time
that
the
chairperson of the county law library resources
board
determines.
Thereafter, the board shall meet at least four
times
a year, as
determined by the chairperson or at any other
time as
determined by a majority of the board. A majority of the
members
of the county
law library resources board constitutes a
quorum
at any regular or
special meeting.
Sec. 307.513. (A) The county law library resources board
shall
prepare an annual estimate of the revenue and expenditures
of the
board for the calendar year commencing January 1, 2010,
and for each year thereafter, and shall submit that
estimate
to
the board of county commissioners as provided in
section
5705.28
of the Revised Code. The estimate of expenses
shall be
sufficient to provide for the operation of the county
law library
resources board. The estimate of revenue shall
clearly specify
the
source of the revenue and shall include a
specific request
for
monies to be appropriated to the county law
library
resources fund
established pursuant to section 307.514 of
the
Revised Code from
the county general fund for the ensuing
fiscal
year.
(B) The board of county commissioners may appropriate funds
from the county general fund for the use of the county law library
resources board. Within fifteen days after the adoption of the
annual appropriation measure pursuant to section 5705.38 of the
Revised Code, the board of county commissioners shall transfer
fifty per cent of the annual general fund appropriation to the
county law library resources fund and shall transfer the remaining
fifty
per cent of the annual general fund appropriation not later
than
July 15 of each year. The funds appropriated by the board of
county commissioners from the county law library resources fund
shall be
disbursed by the county auditor's warrant drawn on the
county
treasury five days after receipt of a voucher approved by
the
county law librarian pursuant to procedures established by
the
county law library resources board.
Sec. 307.514. There is hereby created in each county
treasury a county law library resources fund, effective January 1,
2010. The fund shall
receive all
revenue that is required to be
deposited into the
fund pursuant to
division (D)(1) of section
307.51 and section
307.515 of the Revised
Code, appropriated to
the fund from the
general fund by the board
of county
commissioners pursuant to
section 307.513 of the
Revised Code,
or
designated for deposit
into the fund by gift or
bequest from
any
person, firm, or
corporation. Expenditures from
the fund
shall be
made pursuant
to the annual appropriation
measure
adopted by the
board of
county commissioners under
section
5705.38 of the Revised
Code.
Sec. 3375.50 307.515. (A) All fines and penalties collected
by, and
moneys arising from forfeited bail in, a municipal court
for
offenses and misdemeanors brought for prosecution in the name
of
a
municipal corporation under one of its penal ordinances,
where
there is in force a state statute under which the offense
might
be
prosecuted, or brought for prosecution in the name of
the
state,
except a portion of such those fines, penalties, and
moneys
which
that, plus all costs collected monthly in such those
state cases,
equal the compensation allowed by the board of county
commissioners to the judges of the municipal court, its clerk,
and
the prosecuting attorney of such that court in state cases, shall
be retained by the clerk of such that municipal court, and shall
be paid deposited by
him forthwith, the clerk each month, to the
board of trustees of
the law
library association in the county
law library resources fund that is created under section 307.514
of the
Revised Code in the county in which such that municipal
corporation is located. The sum so retained and paid by that the
clerk of the municipal court to the board of trustees of such
law
library association deposits in the county law library resources
fund
shall,
in no month, be less than twenty-five
per cent of
the
amount of
such fines, penalties, and moneys
received in that
month, without
deducting the amount of the
allowance of the board
of county
commissioners to the judges,
clerk, and prosecuting
attorney.
The total amount paid under this section in any one
calendar
year by the clerks of all municipal courts in any one
county to
the board of trustees of such law library
association county
law
library resources fund
shall in no event exceed the following
amounts:
(A)(1) In counties having a population of fifty thousand or
less, seventy-five hundred dollars and the maximum amount paid by
any of such courts shall not exceed four thousand dollars in any
calendar year.
(B)(2) In counties having a population in excess of fifty
thousand but not in excess of one hundred thousand, eight
thousand
dollars and the maximum amount paid by any of such
courts shall
not exceed five thousand five hundred dollars in any
calendar
year.
(C)(3) In counties having a population in excess of one
hundred
thousand but not in excess of one hundred fifty thousand,
ten
thousand dollars and the maximum amount paid by any of such
courts
shall not exceed seven thousand dollars in any calendar
year.
(D)(4) In counties having a population of in excess of one
hundred fifty thousand, fifteen thousand dollars in any calendar
year. The maximum amount to be paid by each such clerk shall be
determined by the county auditor in December of each year for the
next succeeding calendar year, and shall bear the same ratio to
the total amount payable under this section from the clerks of
all
municipal courts in such county as the total fines, costs,
and
forfeitures received by the corresponding municipal court,
bear to
the total fines, costs, and forfeitures received by all
the
municipal courts in the county, as shown for the last
complete
year of actual receipts, on the latest available budgets
of such
municipal courts. Payments in the full amounts provided
in this
section shall be made monthly by each clerk in each
calendar year
until the maximum amount for such year has been
paid. When such
that amount, so determined by the auditor, has been
paid to the
board of trustees of such law library
association county law
library
resources fund,
then no further payments shall be
required in
that calendar year
from the clerk of such that court.
(E)(5) This section does not apply to fines collected by a
municipal court for violations of division (B) of section
4513.263
of the Revised Code, or for violations of any municipal
ordinance
that is substantively comparable to that division, all
of which
shall be forwarded to the treasurer of state as provided
in
division (E) of section 4513.263 of the Revised Code.
(B) The county treasurer, upon the voucher
of the county
auditor, shall deposit fifty per cent of all moneys
collected by
a county court
accruing from fines, penalties, and
forfeited
bail, unless otherwise
distributed by law, in the county law
library
resources fund in that county that is created under
section
307.514 of the Revised Code. The county treasurer shall
deposit
those moneys into that fund within thirty days after
those moneys
have been paid into the
county treasury by the clerk
of the
county court.
This section does not apply to fines collected by a county
court for
violations of division (B) of section 4513.263 of the
Revised Code, or for
violations of any municipal ordinance that is
substantively comparable to that
division, all of which shall be
forwarded to the treasurer of state as
provided in division (E) of
section 4513.263 of the Revised Code.
(C) In each county of the state, the clerk of the
court of
common pleas and the clerk of the probate court shall
retain all
fines and
penalties collected by, and moneys arising
from
forfeited bail in,
the court of common pleas and the probate
court of that county
for offenses and misdemeanors brought
for
prosecution in those
courts in the name of the state and
monthly
shall deposit those moneys in
the county law library resources
fund in
that county that is created
under section 307.514 of the
Revised
Code. The total sums so deposited
shall not exceed twelve
hundred
fifty dollars
per annum, and when
that amount has been
deposited
in the fund in accordance with this
section then no
further
payments shall be required under this
section in that
calendar
year from the clerks of those respective
courts.
This section does not apply to fines collected by a court
of
common pleas for violations of division (B) of section
4513.263 of
the Revised Code, all of which shall be forwarded to
the treasurer
of state as provided in division (E) of that
section.
(D) In each county, the treasurer of the county or
the
treasurer of the municipal corporation shall deposit monthly
fifty per cent of all fines
and penalties collected by, and fifty
per cent of moneys arising from forfeited
bail in, any court in
that county for offenses brought for
prosecution under Chapters
4301. and 4303. of the Revised Code
and the state traffic laws in
the county legal resources fund in that county that
is created
under section 307.514 of the Revised Code. The sum so deposited in
that fund by each treasurer shall
not exceed twelve
hundred
dollars per annum under Chapters 4301.
and 4303. of the
Revised
Code, and when that amount has been deposited in that fund
in
accordance with this
section, then no further deposits shall
be
required under this section in that calendar year from
those
treasurers.
As used in this section, "state traffic laws" does not
include division (B) of section 4513.263 of the Revised Code.
Sec. 307.516. (A) Upon the recommendation of the county
law
library resources boards of two or more adjacent counties, the
boards
of county commissioners of those counties may enter into a
contract to form a multi-county law library resources commission
for
the
purpose of collaborating on behalf of the member
counties in carrying out any or all of
the
duties and
responsibilities conferred upon a county law
library
resources
board by sections 307.51 to 307.516 of
the
Revised Code. The
commission shall administer the contract. Members
of the
commission shall consist of the chairperson of each
participating
county law library resources board and one member
from each of
the
county law library resources boards, who shall
be designated
by the
members of each of the county law library
resources
boards.
(B) The contract shall do all of the following:
(1) Prescribe the structure, management, and responsibilities
of the commission;
(2) Provide for a process to establish the annual budget for
the commission that includes a requirement that the annual budget
be
approved by all of the boards of county commissioners of the
member counties;
(3) Apportion the annual operating costs of the commission to
each
member county;
(4) Designate the expenditure of funds from the county law
library
resources fund of each member county;
(5) Address amendments to the contract.
(C) The contract shall be for a period of not less than three
calendar years and not more than five calendar years.
Sec. 717.02. (A) As used in this section, "energy:
(1) "Energy
conservation measure" means an the construction
of, installation or modification of an
installation in, or
remodeling of, an a new or existing building or infrastructure, to
reduce energy consumption. It includes:
(1)(a) Insulation of the building structure and of systems
within the building;
(2)(b) Storm windows and doors, multiglazed windows and
doors, heat-absorbing or heat-reflective glazed and coated window
and door systems, additional glazing, reductions in glass area,
and other window and door system modifications that reduce energy
consumption;
(3)(c) Automatic energy control systems;
(4)(d) Heating, ventilating, or air conditioning system
modifications or replacements;
(5)(e) Caulking and weatherstripping;
(6)(f) Replacement or modification of lighting fixtures to
increase the energy efficiency of the system without increasing
the overall illumination of a facility, unless such an increase
in
illumination is necessary to conform to the applicable state
or
local building code for the proposed lighting system;
(7)(g) Energy recovery systems;
(8)(h) Cogeneration systems that produce steam or forms of
energy such as heat, as well as electricity, for use primarily
within a building or complex of buildings;
(9)(i) Acquiring, constructing, furnishing, equipping,
improving the site of, or otherwise improving a central utility
plant to provide heating and cooling services to a building or
building together with distribution piping and ancillary
distribution controls, equipment, and related facilities from the
central utility plan to the building or buildings;
(j) Meter replacements, installation of automatic meter
reading systems, or any other construction, modification,
installation, or remodeling of water, electric, gas, or any other
municipally supplied utility system;
(k) Any other construction, modification, installation, or
remodeling
approved by the legislative authority of the municipal
corporation as an energy conservation measure.
(2) "Infrastructure" includes, but is not limited to, a
water, gas, or electric utility, renewable energy system or
technology, traffic control signal, or any other asset owned,
operated, or maintained by a municipal corporation.
(B) The For the purpose of evaluating buildings of a
municipal corporation for energy conservation measures, a
legislative authority of a municipal corporation may contract with
an architect, professional engineer, energy services company,
contractor, or other person experienced in the design and
implementation of energy conservation measures for an energy
conservation report. The report shall include all of the
following:
(1) Analyses of the energy needs for the buildings owned by
that municipal corporation and recommendations for building
installations, modifications of existing installations, or
building remodeling that would significantly reduce energy
consumption in the buildings;
(2) Estimates of all costs of the recommended installations,
modifications, or remodeling, including costs of design,
engineering, installation, maintenance, and repair;
(3) Estimates of the amounts by which energy consumption
could be reduced;
(4) The interest rate used to estimate the costs of any
energy conservation measures that are to be financed by the
municipal corporation;
(5) The average system life of the energy conservation
measures;
(6) Estimates of the likely savings that will result from the
reduction in energy consumption over the average system life of
the energy conservation measures, including the methods used to
estimate the savings;
(7) A certification under the seal of a registered
professional engineer that the energy conservation report uses
reasonable methods of analysis and estimation.
(C)(1) A municipal corporation desiring to implement energy
conservation measures may proceed under any of the following
methods:
(a) Procure the energy conservation measures in any manner
authorized by the municipal corporation's charter, ordinances, or
any other existing authority;
(b) Advertise for bids using a report or any part of an
energy conservation report prepared under division (B) of this
section, and, except as otherwise provided in this section, comply
with competitive bidding requirements;
(c) Notwithstanding any requirement in the Revised Code that
requires competitive bidding or specifies bidding procedures,
request proposals from at least three vendors for the
implementation of energy conservation measures. A request for
proposals shall require the installer that is awarded a contract
under division (C)(2)(b) of this section to prepare an energy
conservation report in accordance with division (B) of this
section.
Prior to sending any installer of energy conservation
measures a copy of any request for proposals, the legislative
authority shall advertise its intent to request proposals for the
installation of energy conservation measures in a newspaper of
general circulation in the municipal corporation once a week for
two consecutive weeks. The notice shall state that the legislative
authority intends to request proposals for the installation of
energy conservation measures, indicate the date on which the
request for proposals will be mailed to installers of energy
conservation measures, which shall be at least ten days after the
second publication in the newspaper, and state that any installer
of energy conservation measures interested in receiving the
request for proposals shall submit written notice to the
legislative authority not later than noon of the day on which the
request for proposals is to be mailed.
(2)(a) Upon receiving bids under division (C)(1)(a) of this
section, the legislative authority shall analyze them and select
the lowest and best bid or bids most likely to result in the
greatest energy savings considering the cost of the project and
the legislative authority's ability to pay for the improvements
with current revenues or by financing the improvements.
(b) Upon receiving proposals under division (C)(1)(b) of this
section, the legislative authority shall analyze the proposals and
the installers' qualifications and select the most qualified
installer to prepare an energy conservation report in accordance
with division (B) of this section. After receipt and review of the
energy conservation report, the legislative authority may award a
contract to the selected installer to install the energy
conservation measures that are most likely to result in the
greatest energy savings considering the cost of the project and
the legislative authority's ability to pay for the improvements
with current revenues or by financing the improvements.
(c) The awarding of a contract to install energy conservation
measures under division (C)(2)(a) or (b) of this section shall be
conditioned upon a finding by the contracting authority that the
amount of money spent on energy conservation measures is not
likely to exceed the amount of money the municipal corporation
would save in energy, operating, maintenance, and avoided capital
costs over the average system life of the energy conservation
measures as specified in the energy conservation report. In making
such a finding, the contracting authority may take into account
the increased costs due to inflation as shown in the energy
conservation report. Nothing in this division prohibits a
municipal corporation from rejecting all bids or proposals under
division (C)(1)(a) or (b) of this section or from selecting more
than one bid or proposal.
(D) The legislative authority of a municipal corporation
may
enter into an installment payment contract for the purchase
and
installation of energy conservation measures. The Provisions of
installment payment contracts that deal with interest charges and
financing terms shall not be subject to competitive bidding
requirements and shall be on the following terms:
(1) Not less than a specified percentage of the costs of the
contract shall be paid within two years from the date of purchase,
as determined and approved by the legislative authority of a
municipal corporation.
(2) The remaining balance of the costs of the contract shall
be paid within the lesser of the average system life of the energy
conservation measures as specified in the energy conservation
report or thirty years.
(E) The
legislative authority of a municipal corporation may
issue the notes of the municipal
corporation specifying the terms
of the a purchase of energy conservation measures under this
section and securing the any
deferred payments provided in the
contract, for in division (C) of this section. The notes shall be
payable at the times
provided and bearing bear interest at a rate
not exceeding the rate
determined as provided in section 9.95 of
the Revised Code. The
notes may contain an option for prepayment
and shall not be
subject to Chapter 133. of the Revised Code.
Revenues derived
from local taxes or otherwise, for the purpose of
conserving
energy or for defraying the current operating expenses
of the
municipal corporation, may be pledged and applied to the
payment of interest
and the retirement of such the notes. The
notes may be sold at
private sale or given to the contractor under
the an installment
payment contract authorized by this division
(C) of this section.
(C)(F) Debt incurred under this section shall not be included
in the calculation of the net indebtedness of a municipal
corporation under section 133.05 of the Revised Code.
Sec. 733.40. Except as otherwise provided in section
4511.193 of the Revised Code, all fines, forfeitures, and costs
in
ordinance cases and all fees
that are collected by the mayor,
that
in any manner come into
the mayor's
hands, or
that are due
the
mayor or
a marshal, chief of police, or
other officer of the
municipal
corporation, any other fees and
expenses
that have been
advanced
out of the treasury of the
municipal corporation, and all
money
received by
the mayor
for the use of
the
municipal
corporation shall be paid by
the mayor into
the treasury
of the
municipal corporation
on the first
Monday of each month. At the
first regular meeting
of the
legislative authority each month, the
mayor shall submit a
full
statement of all money received, from
whom and for what
purposes
received, and when paid into the
treasury. Except as
otherwise
provided by sections 3375.50 to
3375.52 section 307.515 or
4511.19 of the Revised
Code, all fines,
and
forfeitures collected
by the mayor in state
cases, together
with
all fees and expenses
collected
that
have been advanced out
of
the county
treasury, shall be paid by
the mayor to
the county
treasury on
the first business day of each month.
Except as
otherwise
provided by sections 3375.50 to 3375.52 section 307.515
or
4511.19 of
the
Revised Code,
the mayor shall pay all court
costs and fees
collected
by the mayor in
state cases
into
the
municipal
treasury
on the first business day of each month.
This section does not apply to fines collected by a mayor's
court for violations of division (B) of section
4513.263 of the
Revised Code, or for violations of any municipal ordinance that
is
substantively comparable to that division, all of which shall
be
forwarded to the treasurer of state as provided in division
(E) of
section 4513.263 of the Revised Code.
Sec. 1333.851. With respect to any merger, acquisition,
purchase, or assignment under division (D) of section 1333.85 of
the Revised Code, the territories for the particular product or
brand of alcoholic beverage shall not be assigned to another
distributor until the successor manufacturer compensates the
terminated or nonrenewed distributor for the diminished value of
the distributor's business.
Sec. 1901.024. (A) The board of county commissioners of
Hamilton county shall pay all of the costs of operation of the
Hamilton county municipal court. Subject to sections 3375.50,
3375.53 307.515,
4511.19, 4511.193,
and 5503.04 of the
Revised
Code and
to any other section of the Revised Code that requires a
specific
manner of disbursement of any moneys received by a
municipal
court, the county shall receive all of the costs, fees,
and other
moneys, except fines collected for violations of
municipal
ordinances and for violations of township resolutions
adopted
pursuant to Chapter 504. of the Revised Code, that are
received
by
the Hamilton county municipal court and shall receive
fifty
per
cent of all of the fines for violations of municipal
ordinances
and for violations of township resolutions adopted
pursuant to
Chapter 504. of the Revised Code that are received by
the court.
(B) The board of county commissioners of Lawrence county
shall pay all of the costs of operation of the Lawrence county
municipal court. Subject to sections 3375.50, 3375.53 307.515,
4511.19,
4511.193,
and 5503.04 of the Revised Code
and to any
other
section
of the Revised Code that requires a specific manner
of
disbursement of any moneys received by a municipal court, the
county shall receive all of the costs, fees, and other moneys,
except fines collected for violations of municipal ordinances and
for violations of township resolutions adopted pursuant to
Chapter
504. of the Revised Code, that are received by the
Lawrence county
municipal court and shall receive fifty per cent
of all of the
fines for violations of municipal ordinances and
for violations of
township resolutions adopted pursuant to
Chapter 504. of the
Revised Code that are received by the court.
(C) The board of county commissioners of Ottawa county shall
pay all of the
costs of operation of the Ottawa county municipal
court. Subject to sections
3375.50, 3375.53 307.515,
4511.19,
4511.193,
and 5503.04 of
the Revised Code and to
any other section
of the
Revised Code that requires a specific manner of
disbursement of
any moneys received by a municipal court, the
county shall
receive
all of the costs, fees, and other moneys,
except fines collected
for
violations of municipal ordinances and
for violations of
township resolutions
adopted pursuant to Chapter
504. of the
Revised Code, that are received by the
Ottawa county
municipal
court and shall receive fifty per cent of all of the
fines for
violations of municipal ordinances and for violations of
township
resolutions adopted pursuant to Chapter 504. of the
Revised Code
that are
received by the court.
(D) The board of county commissioners of a county in which
a
county-operated municipal court is located shall pay all of the
costs of operation of the municipal court. The county in which a
county-operated municipal court that is not subject to division
(A), (B), or (C) of this section is located shall receive all of
the
costs, fees, and other moneys, except fines collected for
violations of municipal ordinances and for violations of township
resolutions adopted pursuant to Chapter 504. of the Revised Code
and except as provided in sections 3375.50, 3375.53, 307.515 and
5503.04
of the Revised Code and in any other section of the
Revised Code
that requires a specific manner of disbursement of
any moneys
received by a municipal court, that are received by the
court.
Sec. 1901.07. (A) All municipal court judges shall be
elected on the nonpartisan ballot for terms of six years. In a
municipal court in which only one judge is to be elected in any
one year, that judge's term commences on the first day of
January
after
the election. In a municipal court in which two or more
judges
are to be elected in any one year, their terms commence on
successive days beginning the first day of January, following the
election, unless otherwise provided by section 1901.08 of the
Revised Code.
(B) All candidates for municipal court judge may be nominated
either by nominating petition or by primary election, except that
if the jurisdiction of a municipal court extends only to the
corporate limits of the municipal corporation in which the court
is located and that municipal corporation operates under a
charter, all candidates shall be nominated in the same manner
provided in the charter for the office of municipal court judge
or, if
no specific provisions are made in the charter for the
office of
municipal court judge, in the same manner as the charter
prescribes for
the nomination and election of the legislative
authority of the
municipal corporation.
If the jurisdiction of a municipal court extends beyond the
corporate
limits of the municipal corporation in which it is
located or if the jurisdiction of the court does not extend beyond
the corporate limits of the municipal corporation in which it is
located and no charter provisions apply, all candidates for party
nomination to the office of municipal court judge shall file a
declaration of candidacy and petition not later than four p.m.
of
the seventy-fifth day before the day of the primary election,
or
if the primary election is a presidential primary election,
not
later than four p.m. of the sixtieth day before the day of
the
presidential primary election, in the form prescribed by
section
3513.07 of the Revised Code. The petition shall conform
to the
requirements provided for those petitions of candidacy
contained
in section 3513.05 of the Revised Code, except that the petition
shall be signed by at least fifty electors of the territory of the
court. If no valid
declaration of candidacy is filed for
nomination as a candidate
of a political party for election to the
office of municipal
court judge, or if the number of persons
filing the declarations of
candidacy for nominations as candidates
of one political party
for election to the office does not exceed
the number of
candidates that that party is entitled to nominate
as its
candidates for election to the office, no primary election
shall
be held for the purpose of nominating candidates of that
party
for election to the office, and the candidates shall be
issued
certificates of nomination in the manner set forth in
section
3513.02 of the Revised Code.
If the jurisdiction of a municipal court extends beyond the
corporate limits of the municipal corporation in which it is
located or if the jurisdiction of the court does not extend beyond
the corporate limits of the municipal corporation in which it is
located and no charter provisions apply, nonpartisan candidates
for the office of municipal court judge shall file nominating
petitions not later than four p.m. of the day before the
day of
the primary election in the form prescribed by section
3513.261 of
the Revised Code. The petition shall conform to the
requirements
provided for those petitions of candidacy contained
in section
3513.257 of the Revised Code, except that the petition shall be
signed by at least fifty electors of the territory of the court.
The nominating petition or declaration of candidacy for a
municipal court judge shall contain a designation of the term for
which
the candidate seeks election. At the following regular
municipal
election, the candidacies of the judges nominated shall
be
submitted to the electors of the territory on a nonpartisan,
judicial ballot in the same manner as provided for judges of the
court of common pleas, except that, in a municipal corporation
operating under a charter, all candidates for municipal court
judge
shall be elected in conformity with the charter if
provisions are
made in the charter for the election of municipal
court judges.
(C) Notwithstanding divisions (A) and (B) of this section,
in
the following municipal courts, the judges shall be nominated
and
elected as follows:
(1) In the Cleveland municipal court, the judges shall be
nominated only by petition. The petition shall be signed by at
least fifty electors of the territory of the court. It
shall be in
the statutory form and shall be filed in the manner
and within the
time prescribed by the charter of the city of
Cleveland for filing
petitions of candidates for municipal
offices. Each elector shall
have the right to sign petitions for
as many candidates as are to
be elected, but no more. The judges
shall be elected by the
electors of the territory of the court in
the manner provided by
law for the election of judges of the
court of common pleas.
(2) In the Toledo municipal court, the judges shall be
nominated only by petition. The petition shall be signed by at
least fifty electors of the territory of the court. It
shall be in
the statutory form and shall be filed in the manner
and within the
time prescribed by the charter of the city of
Toledo for filing
nominating petitions for city council. Each
elector shall have the
right to sign petitions for as many
candidates as are to be
elected, but no more. The judges shall
be elected by the electors
of the territory of the court in the
manner provided by law for
the election of judges of the court of
common pleas.
(3) In the Akron municipal court, the judges shall be
nominated only by petition. The petition shall be signed by at
least fifty electors of the territory of the court.
It shall be in
statutory form and shall be filed in the manner
and within the
time prescribed by the charter of the city of
Akron for filing
nominating petitions of candidates for municipal
offices. Each
elector shall have the right to sign petitions for
as many
candidates as are to be elected, but no more. The judges
shall be
elected by the electors of the territory of the court in
the
manner provided by law for the election of judges of the
court of
common pleas.
(4) In the Hamilton county municipal court, the judges
shall
be nominated only by petition. The petition shall be
signed by at
least fifty electors of the territory of the
court, which
petitions shall be signed, verified, and filed in
the manner and
within the time required by law for nominating
petitions for
members of council of the city of Cincinnati. The
judges shall be
elected by the electors of the territory of the
court at the
regular municipal election and in the manner
provided by law for
the election of judges of the court of common
pleas.
(5) In the Franklin county municipal court, the judges
shall
be nominated only by petition. The petition shall be
signed by at
least fifty electors of the territory of the
court. The petition
shall be in the statutory form and shall be
filed in the manner
and within the time prescribed by the charter
of the city of
Columbus for filing petitions of candidates for
municipal offices.
The judges shall be elected by the electors
of the territory of
the court in the manner provided by law for
the election of judges
of the court of common pleas.
(6) In the Auglaize, Brown, Carroll, Clermont, Crawford,
Hocking, Jackson,
Lawrence, Madison, Miami, Morrow, Portage, and
Wayne county municipal
courts, the judges shall be nominated only
by petition. The
petitions shall be signed by at least fifty
electors
of the territory of the court and shall conform to the
provisions
of this section.
(D) In the Portage county municipal court, the judges shall
be nominated either by nominating petition or by primary election,
as provided in division (B) of this section.
(E) As used in this section, as to an election for either
a
full or an unexpired term, "the territory within the
jurisdiction
of the court" means that territory as it will be on
the first day
of January after the election.
Sec. 1901.08. The number of, and the time for election of,
judges of the following municipal courts and the beginning of
their terms shall be as follows:
In the Akron municipal court, two full-time judges shall be
elected in 1951, two full-time judges shall be elected in 1953,
one full-time judge shall be elected in 1967, and one full-time
judge shall be elected in 1975.
In the Alliance municipal court, one full-time judge shall be
elected in 1953.
In the Ashland municipal court, one full-time judge shall be
elected in 1951.
In the Ashtabula municipal court, one full-time judge shall
be elected in 1953.
In the Athens county municipal court, one full-time judge
shall be elected in 1967.
In the Auglaize county municipal court, one full-time judge
shall be elected in 1975.
In the Avon Lake municipal court, one part-time judge shall
be elected in 1957.
In the Barberton municipal court, one full-time judge shall
be elected in 1969, and one full-time judge shall be elected in
1971.
In the Bedford municipal court, one full-time judge shall be
elected in 1975, and one full-time judge shall be elected in 1979.
In the Bellefontaine municipal court, one full-time judge
shall be elected in 1993.
In the Bellevue municipal court, one part-time judge shall be
elected in 1951.
In the Berea municipal court, one full-time judge shall be
elected in 2005.
In the Bowling Green municipal court, one full-time judge
shall be elected in 1983.
In the Brown county municipal court, one full-time judge
shall be elected in 2005. Beginning February 9, 2003, the
part-time judge of the Brown county county court that existed
prior to that date whose term commenced on January 2, 2001, shall
serve
as the full-time judge of the Brown
county municipal court
until
December 31, 2005.
In the Bryan municipal court, one full-time judge shall be
elected in 1965.
In the Cambridge municipal court, one full-time judge shall
be elected in 1951.
In the Campbell municipal court, one part-time judge shall be
elected in 1963.
In the Canton municipal court, one full-time judge shall be
elected in 1951, one full-time judge shall be elected in 1969, and
two full-time judges shall be elected in 1977.
In the Carroll county municipal court, one full-time judge
shall be elected in 2009. Beginning January 1, 2007, the judge
elected in 2006 to the part-time judgeship of the Carroll county
county court that existed prior to that date shall serve as the
full-time judge of the Carroll county municipal court until
December 31, 2009.
In the Celina municipal court, one full-time judge shall be
elected in 1957.
In the Champaign county municipal court, one full-time judge
shall be elected in 2001.
In the Chardon municipal court, one part-time judge shall be
elected in 1963.
In the Chillicothe municipal court, one full-time judge shall
be elected in 1951, and one full-time judge shall be elected in
1977.
In the Circleville municipal court, one full-time judge shall
be elected in 1953.
In the Clark county municipal court, one full-time judge
shall be elected in 1989, and two full-time judges shall be
elected in 1991. The full-time judges of the Springfield
municipal
court who were elected in 1983 and 1985 shall serve as
the judges
of the Clark county municipal court from January 1,
1988, until
the end of their respective terms.
In the Clermont county municipal court, two full-time judges
shall be elected in 1991, and one full-time judge shall be elected
in 1999.
In the Cleveland municipal court, six full-time judges shall
be elected in 1975, three full-time judges shall be elected in
1953, and four full-time judges shall be elected in 1955.
In the Cleveland Heights municipal court, one full-time judge
shall be elected in 1957.
In the Clinton county municipal court, one full-time judge
shall be elected in 1997. The full-time judge of the Wilmington
municipal court who was elected in 1991 shall serve as the judge
of the Clinton county municipal court from July 1, 1992, until the
end of that judge's term on December 31, 1997.
In the Columbiana county municipal court, two full-time
judges shall be elected in 2001.
In the Conneaut municipal court, one full-time judge shall be
elected in 1953.
In the Coshocton municipal court, one full-time judge shall
be elected in 1951.
In the Crawford county municipal court, one full-time judge
shall be elected in 1977.
In the Cuyahoga Falls municipal court, one full-time judge
shall be elected in 1953, and one full-time judge shall be elected
in 1967. Effective December 31, 2008, the Cuyahoga Falls municipal
court shall cease to exist; however, the judges of the Cuyahoga
Falls municipal court who were elected pursuant to this section in
2003 and 2007 for terms beginning on January 1, 2004, and January
1, 2008, respectively, shall serve as full-time judges of the Stow
municipal court until December 31, 2009, and December 31, 2013,
respectively.
In the Darke county municipal court, one full-time judge
shall be elected in 2005. Beginning January 1, 2005, the part-time
judge of the Darke county county court that existed prior to that
date whose term began on January 1, 2001, shall serve as the
full-time judge of the Darke county municipal court until December
31, 2005.
In the Dayton municipal court, three full-time judges shall
be elected in 1987, their terms to commence on successive days
beginning on the first day of January next after their election,
and two full-time judges shall be elected in 1955, their terms to
commence on successive days beginning on the second day of January
next after their election.
In the Defiance municipal court, one full-time judge shall be
elected in 1957.
In the Delaware municipal court, one full-time judge shall be
elected in 1953, and one full-time judge shall be elected in 2007.
In the East Cleveland municipal court, one full-time judge
shall be elected in 1957.
In the East Liverpool municipal court, one full-time judge
shall be elected in 1953.
In the Eaton municipal court, one full-time judge shall be
elected in 1973.
In the Elyria municipal court, one full-time judge shall be
elected in 1955, and one full-time judge shall be elected in 1973.
In the Erie county municipal court, one full-time judge shall
be elected in 2007.
In the Euclid municipal court, one full-time judge shall be
elected in 1951.
In the Fairborn municipal court, one full-time judge shall be
elected in 1977.
In the Fairfield county municipal court, one full-time judge
shall be elected in 2003, and one full-time judge shall be elected
in 2005.
In the Fairfield municipal court, one full-time judge shall
be elected in 1989.
In the Findlay municipal court, one full-time judge shall be
elected in 1955, and one full-time judge shall be elected in 1993.
In the Fostoria municipal court, one full-time judge shall be
elected in 1975.
In the Franklin municipal court, one part-time judge shall be
elected in 1951.
In the Franklin county municipal court, two full-time judges
shall be elected in 1969, three full-time judges shall be elected
in 1971, seven full-time judges shall be elected in 1967, one
full-time judge shall be elected in 1975, one full-time judge
shall be elected in 1991, and one full-time judge shall be elected
in 1997.
In the Fremont municipal court, one full-time judge shall be
elected in 1975.
In the Gallipolis municipal court, one full-time judge shall
be elected in 1981.
In the Garfield Heights municipal court, one full-time judge
shall be elected in 1951, and one full-time judge shall be elected
in 1981.
In the Girard municipal court, one full-time judge shall be
elected in 1963.
In the Hamilton municipal court, one full-time judge shall be
elected in 1953.
In the Hamilton county municipal court, five full-time judges
shall be elected in 1967, five full-time judges shall be elected
in 1971, two full-time judges shall be elected in 1981, and two
full-time judges shall be elected in 1983. All terms of judges of
the Hamilton county municipal court shall commence on the first
day of January next after their election, except that the terms of
the additional judges to be elected in 1981 shall commence on
January 2, 1982, and January 3, 1982, and that the terms of the
additional judges to be elected in 1983 shall commence on January
4, 1984, and January 5, 1984.
In the Hardin county municipal court, one part-time judge
shall be elected in 1989.
In the Hillsboro municipal court, one part-time full-time
judge shall
be elected in 1957 2011. On and after the effective
date of this amendment, the part-time judge of the Hillsboro
municipal court who was elected in 2005 shall serve as a full-time
judge of the court until the end of that judge's term on December
31, 2011.
In the Hocking county municipal court, one full-time judge
shall be elected in 1977.
In the Holmes county municipal court, one full-time judge
shall be elected in 2007. Beginning January 1, 2007, the part-time
judge of the Holmes county county court that existed prior to that
date whose term commenced on January 1, 2007, shall serve as the
full-time judge of the Holmes county municipal court until
December 31, 2007.
In the Huron municipal court, one part-time judge shall be
elected in 1967.
In the Ironton municipal court, one full-time judge shall be
elected in 1951.
In the Jackson county municipal court, one full-time judge
shall be elected in 2001. On and after March 31, 1997, the
part-time judge of the Jackson county municipal court who was
elected in 1995 shall serve as a full-time judge of the court
until the end of that judge's term on December 31, 2001.
In the Kettering municipal court, one full-time judge shall
be elected in 1971, and one full-time judge shall be elected in
1975.
In the Lakewood municipal court, one full-time judge shall be
elected in 1955.
In the Lancaster municipal court, one full-time judge shall
be elected in 1951, and one full-time judge shall be elected in
1979. Beginning January 2, 2000, the full-time judges of the
Lancaster municipal court who were elected in 1997 and 1999 shall
serve as judges of the Fairfield county municipal court until the
end of those judges' terms.
In the Lawrence county municipal court, one part-time judge
shall be elected in 1981.
In the Lebanon municipal court, one part-time judge shall be
elected in 1955.
In the Licking county municipal court, one full-time judge
shall be elected in 1951, and one full-time judge shall be elected
in 1971.
In the Lima municipal court, one full-time judge shall be
elected in 1951, and one full-time judge shall be elected in 1967.
In the Lorain municipal court, one full-time judge shall be
elected in 1953, and one full-time judge shall be elected in 1973.
In the Lyndhurst municipal court, one part-time judge shall
be elected in 1957.
In the Madison county municipal court, one full-time judge
shall be elected in 1981.
In the Mansfield municipal court, one full-time judge shall
be elected in 1951, and one full-time judge shall be elected in
1969.
In the Marietta municipal court, one full-time judge shall be
elected in 1957.
In the Marion municipal court, one full-time judge shall be
elected in 1951.
In the Marysville municipal court, one full-time judge shall
be elected in 2011. On and after January 18, 2007, the part-time
judge of the Marysville municipal court who was elected in 2005
shall serve as a full-time judge of the court until the end of
that judge's term on December 31, 2011.
In the Mason municipal court, one part-time judge shall be
elected in 1965.
In the Massillon municipal court, one full-time judge shall
be elected in 1953, and one full-time judge shall be elected in
1971.
In the Maumee municipal court, one full-time judge shall be
elected in 1963.
In the Medina municipal court, one full-time judge shall be
elected in 1957.
In the Mentor municipal court, one full-time judge shall be
elected in 1971.
In the Miami county municipal court, one full-time judge
shall be elected in 1975, and one full-time judge shall be elected
in 1979.
In the Miamisburg municipal court, one part-time judge shall
be elected in 1951.
In the Middletown municipal court, one full-time judge shall
be elected in 1953.
In the Morrow county municipal court, one full-time judge
shall be elected in 2005. Beginning January 1, 2003, the part-time
judge of the Morrow county county court that existed prior to that
date shall serve as the full-time judge of the Morrow county
municipal court until December 31, 2005.
In the Mount Vernon municipal court, one full-time judge
shall be elected in 1951.
In the Napoleon municipal court, one full-time judge shall be
elected in 2005.
In the New Philadelphia municipal court, one full-time judge
shall be elected in 1975.
In the Newton Falls municipal court, one full-time judge
shall be elected in 1963.
In the Niles municipal court, one full-time judge shall be
elected in 1951.
In the Norwalk municipal court, one full-time judge shall be
elected in 1975.
In the Oakwood municipal court, one part-time judge shall be
elected in 1953.
In the Oberlin municipal court, one full-time judge shall be
elected in 1989.
In the Oregon municipal court, one full-time judge shall be
elected in 1963.
In the Ottawa county municipal court, one full-time judge
shall be elected in 1995, and the full-time judge of the Port
Clinton municipal court who is elected in 1989 shall serve as the
judge of the Ottawa county municipal court from February 4, 1994,
until the end of that judge's term.
In the Painesville municipal court, one full-time judge shall
be elected in 1951.
In the Parma municipal court, one full-time judge shall be
elected in 1951, one full-time judge shall be elected in 1967, and
one full-time judge shall be elected in 1971.
In the Perrysburg municipal court, one full-time judge shall
be elected in 1977.
In the Portage county municipal court, two full-time judges
shall be elected in 1979, and one full-time judge shall be elected
in 1971.
In the Port Clinton municipal court, one full-time judge
shall be elected in 1953. The full-time judge of the Port Clinton
municipal court who is elected in 1989 shall serve as the judge of
the Ottawa county municipal court from February 4, 1994, until the
end of that judge's term.
In the Portsmouth municipal court, one full-time judge shall
be elected in 1951, and one full-time judge shall be elected in
1985.
In the Rocky River municipal court, one full-time judge shall
be elected in 1957, and one full-time judge shall be elected in
1971.
In the Sandusky municipal court, one full-time judge shall be
elected in 1953.
In the Shaker Heights municipal court, one full-time judge
shall be elected in 1957.
In the Shelby municipal court, one part-time judge shall be
elected in 1957.
In the Sidney municipal court, one full-time judge shall be
elected in 1995.
In the South Euclid municipal court, one full-time judge
shall be elected in 1999. The part-time judge elected in 1993,
whose term commenced on January 1, 1994, shall serve until
December 31, 1999, and the office of that judge is abolished on
January 1, 2000.
In the Springfield municipal court, two full-time judges
shall be elected in 1985, and one full-time judge shall be elected
in 1983, all of whom shall serve as the judges of the Springfield
municipal court through December 31, 1987, and as the judges of
the Clark county municipal court from January 1, 1988, until the
end of their respective terms.
In the Steubenville municipal court, one full-time judge
shall be elected in 1953.
In the Stow municipal court, one full-time judge shall be
elected in 2009, and one full-time judge shall be elected in 2013.
Beginning January 1, 2009, the judge of the Cuyahoga Falls
municipal court that existed prior to that date whose term
commenced on January 1, 2008, shall serve as a full-time judge of
the Stow municipal court until December 31, 2013. Beginning
January 1, 2009, the judge of the Cuyahoga Falls municipal court
that existed prior to that date whose term commenced on January 1,
2004, shall serve as a full-time judge of the Stow municipal court
until December 31, 2009.
In the Struthers municipal court, one part-time judge shall
be elected in 1963.
In the Sylvania municipal court, one full-time judge shall be
elected in 1963.
In the Tiffin municipal court, one full-time judge shall be
elected in 1953.
In the Toledo municipal court, two full-time judges shall be
elected in 1971, four full-time judges shall be elected in 1975,
and one full-time judge shall be elected in 1973.
In the Upper Sandusky municipal court, one
full-time judge
shall be elected in 2011. The part-time judge
elected in 2005,
whose term commenced on January 1, 2006, shall
serve as a
full-time judge on and after January 1, 2008, until the
expiration of that judge's term on December 31, 2011, and the
office of that judge is abolished on January 1, 2012.
In the Vandalia municipal court, one full-time judge shall be
elected in 1959.
In the Van Wert municipal court, one full-time judge shall be
elected in 1957.
In the Vermilion municipal court, one part-time judge shall
be elected in 1965.
In the Wadsworth municipal court, one full-time judge shall
be elected in 1981.
In the Warren municipal court, one full-time judge shall be
elected in 1951, and one full-time judge shall be elected in 1971.
In the Washington Court House municipal court, one full-time
judge shall be elected in 1999. The part-time judge elected in
1993, whose term commenced on January 1, 1994, shall serve until
December 31, 1999, and the office of that judge is abolished on
January 1, 2000.
In the Wayne county municipal court, one full-time judge
shall be elected in 1975, and one full-time judge shall be elected
in 1979.
In the Willoughby municipal court, one full-time judge shall
be elected in 1951.
In the Wilmington municipal court, one full-time judge shall
be elected in 1991, who shall serve as the judge of the Wilmington
municipal court through June 30, 1992, and as the judge of the
Clinton county municipal court from July 1, 1992, until the end of
that judge's term on December 31, 1997.
In the Xenia municipal court, one full-time judge shall be
elected in 1977.
In the Youngstown municipal court, one full-time judge shall
be elected in 1951, and two full-time judges shall be elected in
1953.
In the Zanesville municipal court, one full-time judge shall
be elected in 1953.
Sec. 1901.31. The clerk and deputy clerks of a municipal
court shall be selected, be compensated, give bond, and have
powers and duties as follows:
(A) There shall be a clerk of the court who is appointed
or
elected as follows:
(1)(a) Except in the Akron, Barberton,
Toledo,
Hamilton
county, Portage county,
and Wayne county municipal courts and
through December 31, 2008, the Cuyahoga Falls municipal court, if
the
population of the
territory equals or exceeds one hundred
thousand at the regular
municipal election immediately preceding
the
expiration of the
term of the present clerk, the clerk shall
be
nominated and
elected by the qualified electors of the
territory
in the manner
that is provided for the nomination and
election of
judges in
section 1901.07 of the Revised Code.
The clerk so elected shall hold office for a term of six
years, which term shall commence on the first day of January
following the
clerk's election and continue until the clerk's
successor is elected
and qualified.
(b) In the Hamilton county municipal court, the clerk of
courts of Hamilton county shall be the clerk of the municipal
court and may appoint an assistant clerk who shall receive the
compensation, payable out of the treasury of Hamilton county in
semimonthly installments, that the board of county commissioners
prescribes. The clerk of courts of Hamilton county, acting as
the
clerk of the Hamilton county municipal court and assuming the
duties of that office, shall receive compensation at one-fourth
the rate that is prescribed for the clerks of courts of common
pleas as determined in accordance with the population of the
county and the rates set forth in sections 325.08 and 325.18 of
the Revised Code. This compensation shall be paid from the
county
treasury in semimonthly installments and is in addition to
the
annual compensation that is received for the performance of
the
duties of the clerk of courts of Hamilton county, as provided
in
sections 325.08 and 325.18 of the Revised Code.
(c) In the Portage county and Wayne county municipal
courts,
the clerks of courts of Portage county and Wayne county
shall be
the clerks, respectively, of the Portage county and
Wayne county
municipal courts and may appoint a chief deputy
clerk for each
branch that is established pursuant to section
1901.311 of the
Revised Code and assistant clerks as the judges
of the municipal
court determine are necessary, all of whom shall
receive the
compensation that the legislative authority
prescribes. The
clerks
of courts of Portage county and Wayne
county, acting as the
clerks
of the Portage county and Wayne
county municipal courts and
assuming the duties of these offices,
shall receive compensation
payable from the county treasury in semimonthly
installments at
one-fourth the rate that is prescribed for the clerks of
courts of
common pleas as determined in accordance with the population of
the
county and the rates set forth in sections 325.08 and 325.18
of the Revised
Code.
(d) Except as otherwise provided in division (A)(1)(d) of
this section, in the Akron municipal court, candidates for
election to the office of clerk of the court shall be nominated
by
primary election. The primary election shall be held on the
day
specified in the charter of the city of Akron for the
nomination
of municipal officers. Notwithstanding any contrary provision of
section 3513.05 or
3513.257 of the
Revised Code, the declarations
of candidacy and petitions of partisan candidates and the
nominating petitions of
independent candidates for the office of
clerk of the Akron municipal court
shall be signed by at least
fifty qualified electors
of the territory of the court.
The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the seventy-fifth day before the day of
the primary election, in the form prescribed by section 3513.07
or
3513.261 of the Revised Code. The declaration of candidacy
and
petition, or the nominating petition, shall conform to the
applicable requirements of section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed
by
any person for nomination as a candidate of a particular
political
party for election to the office of clerk of the Akron
municipal
court, a primary election shall not be held for the
purpose of
nominating a candidate of that party for election to
that office.
If only one person files a valid declaration of
candidacy and
petition for nomination as a candidate of a
particular political
party for election to that office, a primary
election shall not be
held for the purpose of nominating a
candidate of that party for
election to that office, and the
candidate shall be issued a
certificate of nomination in the
manner set forth in section
3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Akron municipal court shall contain a designation of the
term for which the candidate seeks election. At the following
regular municipal election, all candidates for the office shall
be
submitted to the qualified electors of the territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court. The
clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the clerk's
election and continue until the clerk's successor is elected and
qualified.
(e) Except as otherwise provided in division
(A)(1)(e) of
this
section, in the Barberton municipal court, candidates for
election
to the office of clerk of the court shall be nominated by
primary
election. The primary election shall be held on the day
specified
in the charter of the city of Barberton for the
nomination of
municipal officers. Notwithstanding any contrary
provision of section 3513.05 or
3513.257 of the
Revised Code, the
declarations of candidacy and petitions of partisan candidates and
the nominating petitions of
independent
candidates for the office
of clerk of the Barberton municipal court shall be signed by at
least
fifty qualified
electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition,
or the nominating petition, shall conform to the
applicable requirements of
section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Barberton
municipal court, a primary election shall not be held for the
purpose of
nominating a candidate
of that party for election to
that office. If only one person files a valid
declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the
Barberton municipal court shall contain a designation of
the term
for which the candidate seeks election. At the following
regular municipal
election, all
candidates for the office shall be
submitted to the qualified electors of the
territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court.
The clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the
clerk's
election and continue until the clerk's successor is elected and
qualified.
(f)(i) Through December 31, 2008, except as otherwise
provided in division
(A)(1)(f)(i) of
this
section, in the Cuyahoga
Falls municipal court, candidates
for
election to the office of
clerk of the court shall be
nominated by primary
election. The
primary election shall be held
on the day specified in the
charter
of the city of Cuyahoga Falls
for the nomination of
municipal
officers. Notwithstanding any contrary provision of section
3513.05 or
3513.257 of the
Revised Code, the declarations of
candidacy and petitions of partisan candidates and the nominating
petitions of
independent
candidates for the office of clerk of the
Cuyahoga Falls municipal court shall be signed by at least
fifty
qualified
electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition, or
the nominating petition,
shall conform to the
applicable requirements of section
3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Cuyahoga
Falls
municipal court, a primary election shall not be held for the
purpose of nominating a candidate of that party for election to
that office. If only one person files a valid declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the Cuyahoga
Falls municipal court shall contain a designation
of the term for
which the candidate seeks election. At the
following regular municipal
election, all candidates for the
office shall be submitted to the
qualified electors of the
territory of the court in the manner
that is provided in section
1901.07 of the Revised Code for
the
election of the judges of the
court. The clerk so elected shall hold office
for
a term of six
years, which term shall commence on the first day of
January
following the clerk's election and continue until the
clerk's
successor is elected and qualified.
(ii) Division (A)(1)(f)(i) of this section shall have no
effect after December 31, 2008.
(g) Except as otherwise provided in division
(A)(1)(g) of
this
section, in the Toledo municipal court, candidates for
election
to the office of clerk of the court shall be nominated by
primary
election. The primary election shall be held on the day
specified
in the charter of the city of Toledo for the nomination
of
municipal officers. Notwithstanding any contrary provision of
section 3513.05 or 3513.257 of the
Revised Code, the declarations
of candidacy and petitions of partisan candidates and the
nominating petitions of independent
candidates for the office of
clerk of the Toledo municipal court
shall be signed by at least
fifty qualified
electors
of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition,
or the nominating petition, shall conform to the
applicable requirements of
section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Toledo municipal
court, a primary election shall not be held for the purpose of
nominating a candidate
of that party for election to that office.
If only one person files a valid
declaration of
candidacy and
petition for nomination as a candidate of a
particular political
party for election to that office, a primary
election shall not be
held for the purpose of nominating a
candidate of that party for
election to that office, and the
candidate shall be issued a
certificate of nomination in the
manner set forth in section
3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the
Toledo municipal court shall contain a designation of the
term
for which the candidate seeks election. At the following
regular municipal
election, all
candidates for the office shall be
submitted to the qualified electors of the
territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court.
The clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the
clerk's
election and continue until the clerk's successor is elected and
qualified.
(2)(a) Except for the Alliance, Auglaize county,
Brown
county, Columbiana
county, Holmes county, Lorain,
Massillon, and
Youngstown
municipal courts, in a
municipal court
for which the
population of
the territory is less
than one hundred thousand, the
clerk shall
be appointed by the court, and
the clerk shall hold
office until
the clerk's successor is
appointed and qualified.
(b) In the Alliance, Lorain, Massillon, and Youngstown
municipal courts, the clerk shall be elected for a term of office
as described in division (A)(1)(a) of this section.
(c) In the Auglaize county, Brown county, and Holmes county
municipal
courts, the
clerks of
courts of Auglaize
county, Brown
county, and Holmes county shall be the
clerks,
respectively, of
the
Auglaize
county, Brown county, and Holmes county municipal
courts and may appoint a
chief deputy clerk
for each branch office
that
is
established pursuant to
section 1901.311
of the Revised
Code,
and
assistant clerks as the
judge of the
court determines
are
necessary, all of whom shall
receive the
compensation that the
legislative authority
prescribes. The
clerks of courts of
Auglaize
county,
Brown county, and Holmes county, acting as the
clerks of
the Auglaize county, Brown
county, and Holmes county
municipal
courts
and assuming the
duties of
these offices, shall
receive
compensation
payable from
the county treasury in semimonthly
installments at
one-fourth the
rate that is prescribed for the
clerks of
courts of
common pleas
as determined in accordance with
the population of
the
county and
the rates set forth in sections
325.08 and 325.18
of the Revised
Code.
(d) In the Columbiana county municipal court, the clerk of
courts of
Columbiana county shall be the
clerk of the municipal
court, may appoint a chief deputy
clerk for each branch office
that is established pursuant to section
1901.311 of the Revised
Code, and may appoint any assistant clerks that
the judges of the
court determine are necessary. All of the chief deputy
clerks and
assistant clerks shall receive the compensation that the
legislative authority prescribes. The clerk of courts of
Columbiana county, acting as
the clerk of the Columbiana
county
municipal court and assuming the duties of that office,
shall
receive in either biweekly installments or semimonthly
installments, as determined by the payroll administrator,
compensation payable from the county treasury at one-fourth the
rate that is
prescribed
for the clerks of courts of common pleas
as
determined in
accordance with the population of the county and
the rates set
forth in sections 325.08 and 325.18 of the
Revised
Code.
(3) During the temporary absence of the clerk due to
illness,
vacation, or other proper cause, the court may appoint a
temporary
clerk, who shall be paid the same compensation,
have
the
same
authority, and perform the same duties as the clerk.
(B) Except in the Hamilton county,
Portage county, and Wayne
county municipal courts, if a vacancy
occurs in the office of the
clerk of the Alliance, Lorain,
Massillon, or Youngstown municipal
court or occurs in the office
of the clerk of a municipal court
for which the population of the
territory equals or exceeds one
hundred thousand because the
clerk
ceases to hold the office
before the end of the clerk's term or
because a clerk-elect fails
to take office, the vacancy shall be
filled, until a successor is
elected and qualified, by a person
chosen by the residents of the
territory of the court who are
members of the county central
committee of the political party by
which the last occupant of
that office or the clerk-elect was
nominated. Not less than five
nor more than fifteen days after a
vacancy occurs, those members
of that county central committee
shall meet to make an appointment
to fill the vacancy. At least
four days before the date of the
meeting, the chairperson or a
secretary of the county central
committee shall notify each such
member of that county central
committee by first class
mail of the
date, time, and place
of the
meeting and its purpose. A majority
of all such members of
that
county central committee constitutes a
quorum, and a
majority of
the quorum is
required to make the
appointment. If the office so
vacated was
occupied or was to be
occupied by a person not
nominated at a
primary election, or if
the appointment was not
made by the
committee members in
accordance with this division,
the court
shall make an appointment
to fill the vacancy. A
successor shall
be elected to fill the
office for the unexpired
term at the first
municipal election that
is held more than one
hundred twenty days
after the vacancy
occurred.
(C)(1) In a municipal court, other than the Auglaize county,
the Brown county,
the Columbiana county, the Holmes county, and
the Lorain municipal
courts,
for which
the population of the
territory is
less than one
hundred thousand, the clerk of
the
municipal
court
shall receive
the annual compensation that the
presiding
judge of the court
prescribes, if the revenue of the
court for the
preceding calendar
year, as
certified by the auditor
or chief
fiscal officer of the
municipal corporation
in which the
court is
located or, in the
case of a county-operated municipal
court, the
county auditor, is
equal to or greater than the
expenditures,
including any debt
charges, for the operation of the
court payable
under this
chapter
from the city treasury or, in the
case of a
county-operated
municipal
court, the county treasury for
that
calendar year, as
also certified by the
auditor or chief
fiscal
officer. If the
revenue of a municipal court, other
than
the
Auglaize county,
the
Brown county, the Columbiana county, and
the
Lorain municipal
courts, for which
the population of the
territory
is less than one
hundred thousand for
the preceding
calendar year
as so
certified is
not equal to or
greater than
those expenditures for
the
operation
of the court for
that
calendar year as so certified,
the clerk of
a
municipal court
shall receive the annual
compensation that the
legislative
authority prescribes.
As used
in this division,
"revenue" means
the total of all costs and fees
that are collected
and paid to the
city
treasury or, in a
county-operated municipal
court, the county
treasury by the
clerk
of the municipal court
under division (F) of
this section and
all
interest received and
paid to the city
treasury or, in a
county-operated
municipal
court, the county
treasury in relation
to the costs and fees under
division (G) of
this section.
(2) In
a municipal court, other than the
Hamilton county,
Portage
county, and Wayne
county
municipal courts, for which the
population of the territory
is one
hundred thousand or more, and
in the Lorain
municipal court, the
clerk of the municipal court
shall receive annual compensation in
a sum equal to eighty-five
per cent of the salary of a judge of
the court.
(3) The compensation
of a clerk described in division (C)(1)
or (2) of this
section is payable in semimonthly installments from
the same sources and
in the same manner as provided in section
1901.11 of the Revised
Code, except that the compensation of the
clerk of the Carroll county municipal court is payable in biweekly
installments.
(D) Before entering upon the duties of the clerk's office,
the
clerk of a municipal court shall give bond of not less than
six
thousand dollars to be determined by the judges of the court,
conditioned upon the faithful performance of the clerk's duties.
(E) The clerk of a municipal court may do all of the
following: administer oaths, take affidavits, and issue
executions
upon any judgment rendered in the court, including a
judgment for
unpaid costs; issue, sign, and attach the seal of
the
court to all
writs, process, subpoenas, and papers issuing
out of
the court;
and approve all bonds, sureties, recognizances,
and
undertakings
fixed by any judge of the court or by law. The clerk
may
refuse to
accept for filing any pleading or paper submitted
for filing by a
person who has been found to be a vexatious
litigator under
section 2323.52
of the Revised Code and who has
failed to obtain
leave to proceed under that
section. The clerk
shall do all of the
following: file and safely keep all
journals,
records, books, and
papers belonging or appertaining to
the court;
record the
proceedings of the court; perform all other
duties that
the judges
of the court may prescribe; and keep a
book showing all
receipts
and disbursements, which book shall be
open for public
inspection
at all times.
The clerk shall prepare and maintain a general index, a
docket, and other records that the court, by rule, requires, all
of which shall be the public records of the court. In the
docket,
the clerk shall enter, at the time of the commencement of
an
action, the names of the parties in full, the names of the
counsel, and the nature of the proceedings. Under proper dates,
the clerk shall note the filing of the complaint, issuing of
summons or
other process, returns, and any subsequent pleadings.
The clerk
also shall enter all reports, verdicts, orders,
judgments, and
proceedings of the court, clearly specifying the
relief granted
or orders made in each action. The court may order
an extended
record of any of the above to be made and entered,
under the
proper action heading, upon the docket at the request of
any
party to the case, the expense of which record may be taxed as
costs in the case or may be required to be prepaid by the party
demanding the record, upon order of the court.
(F) The clerk of a municipal court shall receive, collect,
and issue receipts for all costs, fees, fines, bail, and other
moneys payable to the office or to any officer of the court. The
clerk
shall each month disburse to the proper persons or officers,
and
take receipts for, all costs, fees, fines, bail, and other
moneys
that the clerk collects. Subject to sections 3375.50
307.515 and
4511.193
of
the Revised Code and to any other section
of the
Revised Code
that requires a specific manner of
disbursement of
any moneys
received by a municipal court and
except for the
Hamilton county,
Lawrence county, and Ottawa county
municipal
courts, the clerk shall pay all
fines received for
violation of
municipal ordinances into the
treasury of the
municipal
corporation the ordinance of which was
violated and
shall pay all
fines received for violation of
township resolutions
adopted
pursuant to section 503.52 or 503.53 or Chapter 504. of
the
Revised Code into the treasury of
the township the resolution
of
which was violated. Subject to
sections 1901.024 and 4511.193
of
the Revised Code, in the
Hamilton county, Lawrence county, and
Ottawa county
municipal
courts, the clerk shall pay fifty per cent
of the fines
received
for violation of municipal ordinances and
fifty per cent
of the
fines received for violation of township
resolutions
adopted
pursuant to section 503.52 or 503.53 or
Chapter 504. of the Revised Code into the
treasury of
the county.
Subject to sections 3375.50, 3375.53 307.515,
4511.19, and
5503.04
of the Revised Code and to any other section
of the
Revised Code
that requires a specific manner of
disbursement of
any moneys
received by a municipal court, the
clerk shall pay all
fines
collected for the violation of state
laws into the county
treasury. Except in a county-operated
municipal court, the clerk
shall pay all costs and fees the
disbursement of which is not
otherwise provided for in the
Revised
Code into the city treasury.
The clerk of a
county-operated
municipal court shall pay the costs
and fees the
disbursement of
which is not otherwise provided for
in the
Revised Code into the
county treasury. Moneys deposited as
security for costs shall be
retained pending the litigation. The
clerk shall keep a separate
account of all receipts and
disbursements in civil and criminal
cases, which shall be a
permanent public record of the office. On
the expiration of the
term of the clerk, the clerk shall deliver
the records to the
clerk's
successor. The clerk shall have other
powers and duties
as
are prescribed by
rule or order of the court.
(G) All moneys paid into a municipal court shall be noted
on
the record of the case in which they are paid and shall be
deposited in a state or national bank, or a domestic savings and
loan association, as defined in section 1151.01 of the Revised
Code, that is selected by the clerk. Any interest received upon
the deposits shall be paid into the city treasury, except that, in
a county-operated municipal court, the interest shall be paid
into
the treasury of the county in which the court is located.
On the first Monday in January of each year, the clerk
shall
make a list of the titles of all cases in the court that
were
finally determined more than one year past in which there
remains
unclaimed in the possession of the clerk any funds, or
any part of
a deposit for security of costs not consumed by the
costs in the
case. The clerk shall give notice of the moneys to
the parties
who
are entitled to the moneys or to their attorneys
of record.
All
the moneys remaining unclaimed on the first day
of April of
each
year shall be paid by the clerk to the city
treasurer, except
that, in a county-operated municipal court, the
moneys shall be
paid to the treasurer of the county in which the
court is located.
The treasurer shall pay any part of the
moneys at any time to the
person who has the right to the
moneys upon proper certification
of the clerk.
(H) Deputy clerks of a municipal court other than the Carroll
county municipal court may be appointed by the clerk and shall
receive the compensation, payable in either biweekly installments
or semimonthly installments, as determined by the payroll
administrator, out
of the city treasury, that the clerk may
prescribe, except that
the compensation of any deputy clerk of a
county-operated
municipal court shall be paid out of the treasury
of the county
in
which the court is located. The judge of the
Carroll county municipal court may appoint deputy clerks for the
court, and the deputy clerks shall receive the compensation,
payable in biweekly installments out of the county treasury, that
the judge may prescribe. Each deputy clerk shall take an
oath
of
office before entering upon the duties of the deputy clerk's
office
and, when so qualified, may perform the duties appertaining
to the
office of the clerk. The clerk may require any of the
deputy
clerks to give bond of not less than three thousand
dollars,
conditioned for the faithful performance of the deputy
clerk's duties.
(I) For the purposes of this section, whenever the
population
of the territory of a municipal court falls below one
hundred
thousand but not below ninety thousand, and the
population
of the
territory prior to the most recent regular
federal census
exceeded
one hundred thousand, the legislative
authority of the
municipal
corporation may declare, by
resolution, that the
territory shall
be considered to have a
population of at least one
hundred
thousand.
(J) The clerk or a deputy clerk shall be in attendance at
all
sessions of the municipal court, although not necessarily in
the
courtroom, and may administer oaths to witnesses and jurors
and
receive verdicts.
Sec. 1907.20. (A) The clerk of courts shall be the clerk
of
the county court, except that the board of county
commissioners,
with the concurrence of the county court judges,
may appoint a
clerk for each county court judge, who shall serve
at the pleasure
of the board and shall receive compensation as
set by the board,
payable in semimonthly installments from the
treasury of the
county. An appointed clerk, before entering upon
the duties of
the
office, shall give bond of not less than five
thousand
dollars, as
determined by the board of county
commissioners,
conditioned upon
the faithful performance of
the clerk's duties.
The clerks of courts of common pleas, when acting as the
clerks of county
courts, and upon assuming their county court
duties, shall
receive compensation at one-fourth the rate
prescribed for the
clerks of courts of common pleas as determined
in accordance with
the population of the county and the rates set
forth in sections
325.08 and 325.18 of the Revised Code. This
compensation shall
be paid from the county treasury in semimonthly
installments and
is in addition to the annual compensation
received for the
performance of the duties of the clerk of a court
of common
pleas as provided in sections 325.08
and 325.18 of the
Revised Code.
(B) The clerk of a county court shall have general powers
to
administer oaths, take affidavits, and issue executions upon
any
judgment rendered in the county court, including a judgment
for
unpaid costs, power to issue and sign all writs, process,
subpoenas, and papers issuing out of the court, and to attach the
seal of the court to them, and power to approve all bonds,
sureties, recognizances, and undertakings fixed by any judge of
the court or by law. The clerk shall file and safely keep all
journals,
records, books, and papers belonging or appertaining to
the
court, record its proceedings, perform all other duties that
the
judges of the court may prescribe, and keep a book showing all
receipts and disbursements, which shall be open for public
inspection at all times. The clerk may refuse to accept for
filing
any
pleading or paper submitted for filing by a person who
has
been found to be a
vexatious litigator under section 2323.52
of
the Revised
Code and who has failed to obtain leave to proceed
under that
section.
The clerk shall prepare and maintain a general index, a
docket as prescribed by the court, which shall be furnished by
the
board of county commissioners, and such other records as the
court, by rule, requires, all of which shall be the public
records
of the court. In the docket, the clerk shall enter at times
of
the
commencement of an action, the names of the parties in full,
the
names of the counsel, and the nature of the proceedings.
Under
proper
dates, the clerk shall note the filing of the
complaint,
issuing of summons or other process, returns, and
pleadings
subsequent thereto. The clerk also shall enter all
reports,
verdicts,
orders, judgments, and proceedings of the
court, clearly
specifying the relief granted or orders made in
each action. The
court may order an extended record of any of the
above to be made
and entered, under the proper action heading,
upon the docket at
the request of any party to the case, the
expense of which may be
taxed as costs in the case or may be
required to be prepaid by
the
party demanding the extended record,
upon order of the court.
(C) The clerk of a county court shall receive and collect
all
costs, fees, fines, penalties, bail, and other moneys payable
to
the office or to any officer of the court and issue receipts
therefor, and shall each month disburse the costs, fees, fines,
penalties, bail, and other moneys to the proper persons or
officers and take receipts therefor. Subject to sections
3375.51,
3375.53 307.515,
4511.19, 4511.193, and
5503.04 of the Revised
Code and
all other statutes that require a different distribution
of
fines,
fines received for violations of municipal ordinances
shall be
paid into the treasury of the municipal corporation
whose
ordinance was violated, fines received for violations of
township
resolutions adopted pursuant to section 503.52 or 503.53 or
Chapter 504. of the
Revised Code
shall be paid into the treasury
of the township
whose resolution
was violated, and fines collected
for the
violation of state laws
shall be paid into the county
treasury.
Moneys deposited as
security for costs shall be retained
pending
the litigation.
The clerk shall keep a separate account of all receipts and
disbursements in civil and criminal cases. The
separate account
shall be a permanent public record of the office. On the
expiration of a clerk's term, those records shall be
delivered to
the clerk's successor.
The clerk shall have such other powers and duties as are
prescribed by rule or order of the court.
(D) All moneys paid into a county court shall be noted on
the
record of the case in which they are paid and shall be
deposited
in a state or national bank selected by the clerk. On
the first
Monday in January of each year, the clerk shall make a
list of the
titles of all cases in the county court that were
finally
determined more than one year past in which there remains
unclaimed in the possession of the clerk any funds, or any part
of
a deposit for security of costs not consumed by the costs in
the
case. The clerk shall give notice of the moneys to the
parties
entitled to them or to their attorneys of record. All
the moneys
remaining unclaimed on the first day of April of
each year shall
be paid by the clerk to the county treasurer. Any
part of the
moneys shall be paid by the county treasurer at
any time to the
person having the right to them, upon proper
certification of the
clerk.
(E)(1) In county court districts having appointed clerks,
deputy clerks may be appointed by the board of county
commissioners. Clerks and deputy clerks shall receive such
compensation payable in semimonthly installments out of the
county
treasury as the board may prescribe. Each deputy clerk
shall take
an oath of office before entering upon the duties of
the deputy
clerk's office and, when so qualified, may perform the
duties
appertaining to the office of the clerk. The clerk may require
any
of the deputy clerks to give bond of not less than three
thousand
dollars, conditioned for the faithful performance of the
deputy
clerk's duties.
(2) A clerk of courts acting as clerk of the county court
may
appoint deputy clerks to perform the duties pertaining to the
office of clerk of the county court. Each deputy clerk
shall take
an oath of office before entering upon the deputy clerk's duties,
and the clerk of courts may require the deputy clerk to
give bond
of
not less than three thousand dollars, conditioned for the
faithful performance of the deputy clerk's duties.
(3) The clerk or a deputy clerk of a county court shall be
in
attendance at all sessions of the court, although not
necessarily
in the courtroom, and may administer oaths to
witnesses and jurors
and receive verdicts.
(F)(1) In county court districts having appointed clerks,
the
board of county commissioners may order the establishment of
one
or more branch offices of the clerk and, with the concurrence
of
the county judges, may appoint a special deputy clerk to
administer each branch office. Each special deputy clerk shall
take an oath of office before entering upon the duties of the
deputy clerk's
office and, when so qualified, may perform any one
or more of the
duties appertaining to the office of clerk, as the
board
prescribes. Special deputy clerks shall receive such
compensation payable in semimonthly installments out of the
county
treasury as the board may prescribe. The board may
require any of
the special deputy clerks to give bond of not less
than three
thousand dollars, conditioned for the faithful
performance of the
deputy clerk's duties.
The board of county commissioners may authorize the clerk
of
the county court to operate one or more branch offices, to
divide
the clerk's time between the offices, and to perform duties
appertaining to the office of clerk in locations
that the board
prescribes.
(2) A clerk of courts acting as clerk of the county court
may
establish one or more branch offices for the clerk's duties as
clerk of the county court and, with the concurrence of the
county
court judges, may appoint a special deputy clerk to administer
each branch office. Each special deputy clerk shall take an oath
of office
before entering upon the deputy clerk's duties and, when
so qualified, may
perform
any of the duties pertaining to the
office of clerk, as the clerk of courts
prescribes. The clerk of
courts may require any of the special
deputy clerks to give bond
of not less than three thousand
dollars, conditioned for the
faithful performance of the deputy clerk's
duties.
(G) The clerk of courts of the county shall fix the
compensation of deputy clerks and special deputy clerks appointed
by the clerk pursuant to this section. Those personnel
shall be
paid and be subject to the same requirements as other employees of
the clerk under the provisions of section 325.17 of the Revised
Code
insofar as that section is applicable.
Sec. 2949.111. (A) As used in this section:
(1) "Court costs" means any
assessment
that the court
requires
an
offender to pay
to defray the costs of
operating the
court.
(2)
"State fines or costs" means any costs imposed or
forfeited bail
collected by the court under section 2743.70 of the
Revised Code for deposit into the
reparations fund or under
section 2949.091 of the Revised Code for deposit into the
general
revenue fund and all fines, penalties, and forfeited bail
collected by the
court and paid to a law library association under
sections 3375.50 to 3375.53 section 307.515 of the Revised Code.
(3) "Reimbursement" means any reimbursement for the costs of
confinement
that the court orders an offender to pay pursuant to
section
2929.28 of the Revised Code,
any supervision fee, any fee
for the
costs of
house arrest
with
electronic monitoring that an
offender agrees to
pay, any
reimbursement for the
costs of an
investigation or prosecution
that the court orders an
offender to
pay pursuant to section
2929.71 of the Revised
Code, or any other
costs that the court
orders an offender to pay.
(4) "Supervision fees" means any fees that a court,
pursuant
to
sections 2929.18, 2929.28, and 2951.021 of the
Revised Code,
requires
an offender who is under a
community control sanction
to
pay for
supervision services.
(5) "Community control sanction" has the same meaning as
in
section 2929.01 of the Revised Code.
(B) Unless the court, in accordance with division (C) of
this
section, enters in the record of the case a different method
of
assigning
payments, if a person who
is
charged with a misdemeanor
is convicted of or pleads guilty
to
the
offense, if the court
orders the offender to pay any
combination
of
court costs,
state
fines or costs, restitution, a
conventional fine, or
any
reimbursement, and
if
the
offender makes any payment
of any of
them to a clerk of court,
the clerk
shall assign the
offender's
payment
in the following manner:
(1) If the court ordered the offender to pay any
court
costs,
the
offender's payment shall be assigned toward the
satisfaction
of
those court costs until
they
have been entirely paid.
(2)
If the court ordered the offender to pay any state fines
or costs and
if all of the court costs that the court ordered the
offender to pay have been
paid, the remainder of the offender's
payment shall be assigned on a pro rata
basis toward the
satisfaction of the state fines or costs until they have been
entirely paid.
(3) If the court ordered the offender to pay any
restitution
and if all of the
court costs
and state fines or costs that the
court ordered the
offender to
pay have been paid, the
remainder of
the
offender's
payment
shall be assigned toward the
satisfaction
of the
restitution until
it has been
entirely paid.
(4) If the court ordered the offender to pay any
fine and
if
all of the
court costs, state fines or
costs, and restitution
that
the court ordered the
offender to pay have been
paid, the
remainder of the
offender's payment
shall be assigned toward the
satisfaction of the fine
until
it has been entirely paid.
(5) If the court ordered the offender to pay any
reimbursement and if all of the
court costs,
state fines or costs,
restitution, and
fines
that the
court
ordered the offender to pay
have been
paid, the
remainder
of the offender's payment
shall be
assigned
toward the satisfaction of the
reimbursements
until
they
have been entirely paid.
(C) If a person who is charged with a misdemeanor is
convicted of or pleads guilty to the offense and if the court
orders the offender to pay any combination of
court costs,
state
fines or costs, restitution,
fines, or
reimbursements, the court,
at the time it orders
the
offender to
make those payments, may
prescribe
an
order of
payments
that
differs
from the
order set
forth in division (B) of
this section
by entering in
the record of
the
case the
order so
prescribed.
If a different
order is entered
in the record,
on receipt
of any payment,
the
clerk of the
court
shall assign the payment
in the manner
prescribed by the court.
Sec. 3301.0715. (A) Except as provided in division (E) of
this section, the board of education of each city,
local, and
exempted village school district shall administer each applicable
diagnostic
assessment developed and provided to the district in
accordance
with section 3301.079 of the
Revised Code to the
following:
(1) Each student enrolled in a building subject to division
(E) of section 3302.04 of the Revised Code that has failed to make
adequate yearly progress for two or more consecutive school years;
(2) Any student who transfers into the district or to a
different school within the district if each applicable diagnostic
assessment was not administered by the district or school the
student previously attended in the current school year, within
thirty days after the date of transfer. If the district or school
into which the student transfers cannot determine whether the
student has taken any applicable diagnostic assessment in the
current school year, the district or school may administer the
diagnostic assessment to the student.
(3) Each kindergarten student, not earlier than four weeks
prior to the first day of school and not later than the first day
of October. For the purpose of division (A)(3) of this section,
the district shall administer the kindergarten readiness
assessment provided by the department of education. In no case
shall the results of the readiness assessment be used to prohibit
a student from enrolling in kindergarten.
(4) Each student enrolled in first or second grade.
(B) Each district board shall administer each diagnostic
assessment as the board deems appropriate.
However, the board
shall administer any diagnostic assessment at
least once annually
to all students in the appropriate grade
level. A district board
may administer any diagnostic assessment
in the fall and spring of
a school year to measure the amount of academic growth
attributable to the instruction
received by students during that
school
year.
(C) Each district board shall utilize and score any
diagnostic assessment administered under division (A) of this
section in accordance with rules established by the department.
Except as required by division (B)(1)(o) of section
3301.0714 of
the Revised Code, neither the state board of education nor the
department
shall require school districts to report the results of
diagnostic
assessments for any students to the department or to
make any such
results available in any form to the public. After
the
administration of any diagnostic assessment, each district
shall
provide a student's completed diagnostic assessment, the
results
of such assessment, and any other accompanying documents
used
during the administration of the assessment to the parent of
that
student upon the parent's request.
(D) Each district board shall provide intervention services
to students whose diagnostic assessments show that they are
failing to make satisfactory progress toward attaining the
academic standards for their grade level.
(E) Any district that made adequate yearly progress, as
defined in section 3302.01 of the Revised Code, in the immediately
preceding school year may assess student progress in grades one
through three using a diagnostic
assessment other than the
diagnostic assessment required by
division (A) of this section.
(F) A district board may administer the third grade writing
diagnostic assessment provided to the district in accordance with
section 3301.079 of the Revised Code to any student enrolled in a
building that is not subject to division (A)(1) of this section.
Any district electing to administer the diagnostic assessment to
students under this division shall provide intervention services
to any such student whose diagnostic assessment shows
unsatisfactory progress toward attaining the academic standards
for the student's grade level.
(G) As used in this section, "adequate yearly progress" has
the same meaning as in section 3302.01 of the Revised Code.
Sec. 3302.04. (A) The department of education shall
establish a system of intensive, ongoing support for the
improvement of school districts and school buildings. The In
accordance with the model of differentiated accountability
described in section 3302.041 of the Revised Code, the system
shall give priority to districts and buildings that have been
declared to be under an academic watch or in a state of academic
emergency under section 3302.03 of the Revised Code and shall
include services provided to districts and buildings through
regional service providers, such as educational service centers,
regional professional development centers, and special education
regional resource centers.
(B) When This division does not apply to any school district
after June 30, 2008.
When a school district has been notified by
the
department
pursuant to division (A) of section 3302.03 of the
Revised Code
that the district
or a building within the district has failed to
make adequate yearly progress for two consecutive school years,
the district shall
develop a
three-year continuous improvement
plan
for the district or building containing each of the
following:
(1) An analysis of the reasons for the failure of the
district or building to meet any of the applicable performance
indicators established under section 3302.02 of the Revised Code
that it did not meet and an analysis of the reasons for its
failure to make adequate yearly progress;
(2) Specific strategies that the district or building will
use to address the problems in academic achievement identified in
division (B)(1) of this section;
(3) Identification of the resources that the district will
allocate toward improving the academic achievement of the district
or building;
(4) A description of any progress that the district or
building made in the preceding year toward improving its academic
achievement;
(5) An analysis of how the district is utilizing the
professional development standards adopted by the state board
pursuant to section 3319.61 of the Revised Code;
(6) Strategies that the district or building will use to
improve the cultural competency, as defined pursuant to section
3319.61 of the Revised Code, of teachers and other educators.
No three-year continuous improvement plan shall be developed
or adopted
pursuant to this division unless at least one public
hearing is held within
the
affected school
district
or building
concerning the final draft of
the plan.
Notice
of the hearing
shall be given two weeks prior to the
hearing
by
publication in
one newspaper of general circulation
within the
territory of
the
affected school district or building. Copies of the plan shall be
made available to the public.
(C) When a school district or building has been
notified by
the
department pursuant to division (A) of section
3302.03 of the
Revised Code that the district
or building is
under an
academic
watch or in a state
of academic emergency,
the
district or
building shall be subject to any rules establishing
intervention
in academic watch or emergency school districts or buildings.
(D)(1) Within one hundred twenty days after any school
district
or building is declared to be in a
state of academic
emergency under section 3302.03
of the Revised
Code, the
department may initiate a site
evaluation of the
building or
school district.
(2) If Division (D)(2) of this section does not apply to any
school district after June 30, 2008.
If any school district that is declared to be in a state
of
academic emergency or in a state of academic watch under
section
3302.03
of the Revised Code
or encompasses a building that
is
declared to be in a state of academic emergency or in a state
of
academic watch fails to demonstrate to the department
satisfactory
improvement
of the district or applicable buildings
or fails to
submit to the department any
information required
under rules
established by the state board of
education, prior to
approving a
three-year continuous improvement
plan
under rules
established by
the state
board of education,
the department shall
conduct a site
evaluation
of the school
district
or applicable
buildings to
determine whether the school
district is
in
compliance with
minimum standards established by
law or rule.
(3) Site evaluations conducted under divisions (D)(1) and
(2)
of
this section shall include, but not be limited to, the
following:
(a) Determining whether teachers are assigned to subject
areas
for which they are licensed or certified;
(b) Determining pupil-teacher ratios;
(c) Examination of compliance with minimum instruction time
requirements for each school day and for each school year;
(d) Determining whether
materials
and
equipment necessary
to
implement the curriculum approved by
the school
district board
are
available;
(e) Examination of whether the teacher and principal
evaluation system reflects the evaluation system guidelines
adopted by the state board of education under section 3319.112 of
the Revised Code;
(f) Examination of the adequacy of efforts to improve the
cultural competency, as defined pursuant to section 3319.61 of the
Revised Code, of teachers and other educators.
(E) This division applies only to school districts that
operate a school building that fails to make adequate yearly
progress for two or more consecutive school years. It does not
apply to any such district after June 30, 2008, except as provided
in division (D)(2) of section 3313.97 of the Revised Code.
(1) For any school building that fails to make adequate
yearly progress for two consecutive school years, the district
shall do all of the following:
(a) Provide written notification of the academic issues that
resulted in the building's failure to make adequate yearly
progress to the parent or guardian of each student enrolled in the
building. The notification shall also describe the actions being
taken by the district or building to improve the academic
performance of the building and any progress achieved toward that
goal in the immediately preceding school year.
(b) If the building receives funds under Title 1, Part A of
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.
6311 to 6339, from the district, in accordance with section
3313.97 of the Revised Code, offer all students enrolled in the
building the opportunity to enroll in an alternative building
within the district that is not in school improvement status as
defined by the "No Child Left Behind Act of 2001." Notwithstanding
Chapter 3327. of the Revised Code, the district shall spend an
amount equal to twenty per cent of the funds it receives under
Title I, Part A of the "Elementary and Secondary Education Act of
1965," 20 U.S.C. 6311 to 6339, to provide transportation for
students who enroll in alternative buildings under this division,
unless the district can satisfy all demand for transportation with
a lesser amount. If an amount equal to twenty per cent of the
funds the district receives under Title I, Part A of the
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311
to 6339, is insufficient to satisfy all demand for transportation,
the district shall grant priority over all other students to the
lowest achieving students among the subgroup described in division
(B)(3) of section 3302.01 of the Revised Code in providing
transportation. Any district that does not receive funds under
Title I, Part A of the "Elementary and Secondary Education Act of
1965," 20 U.S.C. 6311 to 6339, shall not be required to provide
transportation to any student who enrolls in an alternative
building under this division.
(2) For any school building that fails to make adequate
yearly progress for three consecutive school years, the district
shall do both of the following:
(a) If the building receives funds under Title 1, Part A of
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.
6311 to 6339, from the district, in accordance with section
3313.97 of the Revised Code, provide all students enrolled in the
building the opportunity to enroll in an alternative building
within the district that is not in school improvement status as
defined by the "No Child Left Behind Act of 2001." Notwithstanding
Chapter 3327. of the Revised Code, the district shall provide
transportation for students who enroll in alternative buildings
under this division to the extent required under division (E)(2)
of this section.
(b) If the building receives funds under Title 1, Part A of
the "Elementary and Secondary Education Act of 1965," 20 U.S.C.
6311 to 6339, from the district, offer supplemental educational
services to students who are enrolled in the building and who are
in the subgroup described in division (B)(3) of section 3302.01 of
the Revised Code.
The district shall spend a combined total of an amount equal
to twenty per cent of the funds it receives under Title I, Part A
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.
6311 to 6339, to provide transportation for students who enroll in
alternative buildings under division (E)(1)(b) or (E)(2)(a) of
this section and to pay the costs of the supplemental educational
services provided to students under division (E)(2)(b) of this
section, unless the district can satisfy all demand for
transportation and pay the costs of supplemental educational
services for those students who request them with a lesser amount.
In allocating funds between the requirements of divisions
(E)(1)(b) and (E)(2)(a) and (b) of this section, the district
shall spend at least an amount equal to five per cent of the funds
it receives under Title I, Part A of the "Elementary and Secondary
Education Act of 1965," 20 U.S.C. 6311 to 6339, to provide
transportation for students who enroll in alternative buildings
under division (E)(1)(b) or (E)(2)(a) of this section, unless the
district can satisfy all demand for transportation with a lesser
amount, and at least an amount equal to five per cent of the funds
it receives under Title I, Part A of the "Elementary and Secondary
Education Act of 1965," 20 U.S.C. 6311 to 6339, to pay the costs
of the supplemental educational services provided to students
under division (E)(2)(b) of this section, unless the district can
pay the costs of such services for all students requesting them
with a lesser amount. If an amount equal to twenty per cent of the
funds the district receives under Title I, Part A of the
"Elementary and Secondary Education Act of 1965," 20 U.S.C. 6311
to 6339, is insufficient to satisfy all demand for transportation
under divisions (E)(1)(b) and (E)(2)(a) of this section and to pay
the costs of all of the supplemental educational services provided
to students under division (E)(2)(b) of this section, the district
shall grant priority over all other students in providing
transportation and in paying the costs of supplemental educational
services to the lowest achieving students among the subgroup
described in division (B)(3) of section 3302.01 of the Revised
Code.
Any district that does not receive funds under Title I, Part
A of the "Elementary and Secondary Education Act of 1965," 20
U.S.C. 6311 to 6339, shall not be required to provide
transportation to any student who enrolls in an alternative
building under division (E)(2)(a) of this section or to pay the
costs of supplemental educational services provided to any student
under division (E)(2)(b) of this section.
No student who enrolls in an alternative building under
division (E)(2)(a) of this section shall be eligible for
supplemental educational services under division (E)(2)(b) of this
section.
(3) For any school building that fails to make adequate
yearly progress for four consecutive school years, the district
shall continue to comply with division (E)(2) of this section and
shall implement at least one of the following options with respect
to the building:
(a) Institute a new curriculum that is consistent with the
statewide academic standards adopted pursuant to division (A) of
section 3301.079 of the Revised Code;
(b) Decrease the degree of authority the building has to
manage its internal operations;
(c) Appoint an outside expert to make recommendations for
improving the academic performance of the building. The district
may request the department to establish a state intervention team
for this purpose pursuant to division (G) of this section.
(d) Extend the length of the school day or year;
(e) Replace the building principal or other key personnel;
(f) Reorganize the administrative structure of the building.
(4) For any school building that fails to make adequate
yearly progress for five consecutive school years, the district
shall continue to comply with division (E)(2) of this section and
shall develop a plan during the next succeeding school year to
improve the academic performance of the building, which shall
include at least one of the following options:
(a) Reopen the school as a community school under Chapter
3314. of the Revised Code;
(c) Contract with a nonprofit or for-profit entity to operate
the building;
(d) Turn operation of the building over to the department;
(e) Other significant restructuring of the building's
governance.
(5) For any school building that fails to make adequate
yearly progress for six consecutive school years, the district
shall continue to comply with division (E)(2) of this section and
shall implement the plan developed pursuant to division (E)(4) of
this section.
(6) A district shall continue to comply with division
(E)(1)(b) or (E)(2) of this section, whichever was most recently
applicable, with respect to any building formerly subject to one
of those divisions until the building makes adequate yearly
progress for two consecutive school years.
(F) This division applies only to school districts that have
been identified for improvement by the department pursuant to the
"No Child Left Behind Act of 2001." It does not apply to any such
district after June 30, 2008.
(1) If a school district has been identified for improvement
for one school year, the district shall provide a written
description of the continuous improvement plan developed by the
district pursuant to division (B) of this section to the parent or
guardian of each student enrolled in the district. If the district
does not have a continuous improvement plan, the district shall
develop such a plan in accordance with division (B) of this
section and provide a written description of the plan to the
parent or guardian of each student enrolled in the district.
(2) If a school district has been identified for improvement
for two consecutive school years, the district shall continue to
implement the continuous improvement plan developed by the
district pursuant to division (B) or (F)(1) of this section.
(3) If a school district has been identified for improvement
for three consecutive school years, the department shall take at
least one of the following corrective actions with respect to the
district:
(a) Withhold a portion of the funds the district is entitled
to receive under Title I, Part A of the "Elementary and Secondary
Education Act of 1965," 20 U.S.C. 6311 to 6339;
(b) Direct the district to replace key district personnel;
(c) Institute a new curriculum that is consistent with the
statewide academic standards adopted pursuant to division (A) of
section 3301.079 of the Revised Code;
(d) Establish alternative forms of governance for individual
school buildings within the district;
(e) Appoint a trustee to manage the district in place of the
district superintendent and board of education.
The department shall conduct individual audits of a sampling
of districts subject to this division to determine compliance with
the corrective actions taken by the department.
(4) If a school district has been identified for improvement
for four consecutive school years, the department shall continue
to monitor implementation of the corrective action taken under
division (F)(3) of this section with respect to the district.
(5) If a school district has been identified for improvement
for five consecutive school years, the department shall take at
least one of the corrective actions identified in division (F)(3)
of this section with respect to the district, provided that the
corrective action the department takes is different from the
corrective action previously taken under division (F)(3) of this
section with respect to the district.
(G) The department may establish a state intervention team to
evaluate
all aspects of a school district or building, including
management, curriculum,
instructional methods, resource
allocation, and scheduling. Any
such intervention team shall be
appointed by the department and
shall include teachers and
administrators recognized as
outstanding in their fields. The
intervention team shall make
recommendations regarding methods for
improving
the performance of the district or building.
The department shall not approve
a district's request for an
intervention team under division (E)(3) of this section if the
department
cannot adequately fund the work of the team, unless the
district
agrees to pay for the expenses of the team.
(H) The department shall conduct individual audits of a
sampling of community schools established under Chapter 3314. of
the Revised Code to determine compliance with this section.
(I) The state board shall adopt rules for implementing this
section.
Sec. 3302.041. (A) On and after July 1, 2008, in accordance
with the No Child Left Behind Act of 2001, school districts and
school buildings shall continue to be identified for improvement
for failing to make adequate yearly progress for two or more
consecutive school years.
(B) Beginning July 1, 2008, each school district
that has
been identified for improvement, or that contains a
school
building that has been identified for improvement, shall
implement all corrective actions required by the model of
differentiated accountability developed by the Ohio department of
education and approved by the United States department of
education. In any school year in which a district is subject to
this division, the Ohio department of education shall notify the
district, prior to the district's opening date, of the corrective
actions it is required to implement in that school year.
Sec. 3302.10. (A) Beginning July 1, 2007, the
superintendent
of public instruction shall establish an academic
distress
commission for each school district that has been
declared to be
in a state of academic emergency pursuant to
section 3302.03 of
the Revised Code and has failed to make
adequate yearly progress
for four or more consecutive school
years. Each commission shall
assist the district for which it was
established in improving the
district's academic performance.
Each commission is a body both corporate and politic,
constituting an agency and instrumentality of the state and
performing essential governmental functions of the state. A
commission shall be known as the "academic distress commission for
............... (name of school district)," and, in that name, may
exercise all authority vested in such a commission by this
section. A separate commission shall be established for each
school district to which this division applies.
(B) Each academic distress commission shall consist of five
voting members, three of whom shall be appointed by the
superintendent of public instruction and two of whom shall be
residents of the applicable school district appointed by the
president of the district board of education. When a school
district becomes subject to this
section, the superintendent of
public instruction shall provide
written notification of that
fact to the district board of
education and shall request the
president of the district board to
submit to the superintendent
of public instruction, in writing,
the names of the president's
appointees to the commission. The
superintendent of public
instruction and the president of the
district board shall make
appointments to the commission within
thirty days after the
district is notified that it is subject to
this section.
Members of the commission shall serve at the pleasure of
their appointing authority during the life of the commission. In
the event of the death, resignation, incapacity, removal, or
ineligibility to serve of a member, the appointing authority shall
appoint a successor within fifteen days after the vacancy occurs.
Members shall serve without compensation, but shall be paid by the
commission their necessary and actual expenses incurred while
engaged in the business of the commission.
(C) Immediately after appointment of the initial members of
an academic distress commission, the superintendent of public
instruction shall call the first meeting of the commission and
shall cause written notice of the time, date, and place of that
meeting to be given to each member of the commission at least
forty-eight hours in advance of the meeting. The first meeting
shall include an overview of the commission's roles and
responsibilities, the requirements of section 2921.42 and Chapter
102. of the Revised Code as they pertain to commission members,
the requirements of section 121.22 of the Revised Code, and the
provisions of division (F) of this section. At its first meeting,
the commission shall adopt temporary bylaws in accordance with
division (D) of this section to govern its operations until the
adoption of permanent bylaws.
The superintendent of public instruction shall designate a
chairperson for the commission from among the members appointed by
the superintendent. The chairperson shall call and conduct
meetings, set meeting agendas, and serve as a liaison between the
commission and the district board of education. The chairperson
also shall appoint a secretary, who shall not be a member of the
commission.
The department of education shall provide administrative
support for the commission, provide data requested by the
commission, and inform the commission of available state resources
that could assist the commission in its work.
(D) Each academic distress commission may adopt and alter
bylaws and rules, which shall not be subject to section 111.15 or
Chapter 119. of the Revised Code, for the conduct of its affairs
and for the manner, subject to this section, in which its powers
and functions shall be exercised and embodied.
(E) Three members of an academic distress commission
constitute a quorum of the commission. The affirmative vote of
three members of the commission is necessary for any action taken
by vote of the commission. No vacancy in the membership of the
commission shall impair the rights of a quorum by such vote to
exercise all the rights and perform all the duties of the
commission. Members of the commission are not disqualified from
voting by reason of the functions of any other office they hold
and are not disqualified from exercising the functions of the
other office with respect to the school district, its officers, or
the commission.
(F) The members of an academic distress commission, the
superintendent of public instruction, and any person authorized to
act on behalf of or assist them shall not be personally liable or
subject to any suit, judgment, or claim for damages resulting from
the exercise of or failure to exercise the powers, duties, and
functions granted to them in regard to their functioning under
this section, but the commission, superintendent of public
instruction, and such other persons shall be subject to mandamus
proceedings to compel performance of their duties under this
section.
(G) Each member of an academic distress commission shall file
the statement described in section 102.02 of the Revised Code with
the Ohio ethics commission. The statement shall be confidential,
subject to review, as described in division (B) of that section.
(H) Meetings of each academic distress commission shall be
subject to section 121.22 of the Revised Code.
(I)(1) Within one hundred twenty days after the first meeting
of an academic distress commission, the commission shall adopt an
academic recovery plan to improve academic performance in the
school district. The plan shall address academic problems at both
the district and school levels. The plan shall include the
following:
(a) Short-term and long-term actions to be taken to improve
the district's academic performance, including any actions
required by section 3302.04 or 3302.041 of the Revised Code;
(b) The sequence and timing of the actions described in
division (I)(1)(a) of this section and the persons responsible for
implementing the actions;
(c) Resources that will be applied toward improvement
efforts;
(d) Procedures for monitoring and evaluating improvement
efforts;
(e) Requirements for reporting to the commission and the
district board of education on the status of improvement efforts.
(2) The commission may amend the academic recovery plan
subsequent to adoption. The commission shall update the plan at
least annually.
(3) The commission shall submit the academic recovery plan it
adopts or updates to the superintendent of public instruction for
approval immediately following its adoption or updating. The
superintendent shall evaluate the plan and either approve or
disapprove it within thirty days after its submission. If the plan
is disapproved, the superintendent shall recommend modifications
that will render it acceptable. No academic distress commission
shall implement an academic recovery plan unless the
superintendent has approved it.
(4) County, state, and school district officers and employees
shall assist the commission diligently and promptly in the
implementation of the academic recovery plan.
(J) Each academic distress commission shall seek input from
the district board of education regarding ways to improve the
district's academic performance, but any decision of the
commission related to any authority granted to the commission
under this section shall be final.
The commission may do any of the following:
(1) Appoint school building administrators and reassign
administrative personnel;
(2) Terminate the contracts of administrators or
administrative personnel. The commission shall not be required to
comply with section 3319.16 of the Revised Code with respect to
any contract terminated under this division.
(3) Contract with a private entity to perform school or
district management functions;
(4) Establish a budget for the district and approve district
appropriations and expenditures, unless a financial planning and
supervision commission has been established for the district
pursuant to section 3316.05 of the Revised Code.
(K) If the board of education of a district for which an
academic distress commission has been established under this
section renews any collective bargaining agreement under Chapter
4117. of the Revised Code during the existence of the commission,
the district board shall not enter into any agreement that would
render any decision of the commission unenforceable. Section
3302.08 of the Revised Code does not apply to this division.
Notwithstanding any provision to the contrary in Chapter
4117. of the Revised Code, if the board of education has entered
into a collective bargaining agreement after September 29, 2005,
that contains stipulations
relinquishing one or more of the
rights or responsibilities listed
in division (C) of section
4117.08 of the Revised Code, those
stipulations are not
enforceable and the district board shall
resume holding those
rights or responsibilities as if it had not
relinquished them in
that agreement until such time as both the
academic distress
commission ceases to exist and the district
board agrees to
relinquish those rights or responsibilities in a
new collective
bargaining agreement. The provisions of this
paragraph apply to a
collective bargaining agreement entered into
after September 29,
2005, and
those provisions are deemed to be part of that
agreement
regardless of whether the district satisfied the
conditions
prescribed in division (A) of this section at the time
the
district entered into that agreement.
(L) An academic distress commission shall cease to exist
when the district for which it was established receives a
performance rating under section 3302.03 of the Revised Code of in
need of continuous improvement or better for two of the three
prior school years; however, the superintendent of public
instruction may dissolve the commission earlier if the
superintendent determines that the district can perform adequately
without the supervision of the commission. Upon termination of the
commission, the department of education shall compile a final
report of the commission's activities to assist other academic
distress commissions in the conduct of their functions.
Sec. 3313.97. Notwithstanding division (D) of section
3311.19 and division (D) of section 3311.52 of the Revised Code,
this section does not apply to any joint vocational or
cooperative
education school district.
(A) As used in this section:
(1) "Parent" has the same meaning as in section 3313.64 of
the Revised Code.
(2) "Alternative school" means a school building other
than
the one to which a student is assigned by the district
superintendent.
(3) "IEP" has the same meaning as in section 3323.01 of
the
Revised Code.
(B) The board of education of each city, local, and
exempted
village school district shall adopt an open enrollment
policy
allowing students entitled to attend school in the
district
pursuant to section 3313.64 or 3313.65 of the Revised
Code to
enroll in an alternative school. Each policy shall provide for
the
following:
(1) Application procedures, including deadlines for
application and for notification of students and principals of
alternative schools whenever a student's application is accepted.
The policy shall require a student to apply only if the
student
wishes to attend an alternative school.
(2) The establishment of district capacity limits by grade
level, school building, and education program;
(3) A requirement that students enrolled in a school
building
or living in any attendance area of the school building
established by the superintendent or board be given preference
over applicants;
(4) Procedures to ensure that an appropriate racial
balance
is maintained in the district schools.
(C) Except as provided in section 3313.982 of the Revised
Code, the procedures for admitting applicants to alternative
schools shall not include:
(1) Any requirement of academic ability, or any level of
athletic, artistic, or other extracurricular skills;
(2) Limitations on admitting applicants because of
disabling
conditions, except that a board may require
a
student receiving
services under Chapter 3323. of the Revised
Code to attend school
where the services described in the
student's IEP are available;
(3) A requirement that the student be proficient in the
English language;
(4) Rejection of any applicant because the student has
been
subject to disciplinary proceedings, except that if an
applicant
has been suspended or expelled for ten consecutive days
or more in
the term for which admission is sought or in the term
immediately
preceding the term for which admission is sought, the
procedures
may include a provision denying admission of such
applicant to an
alternative school.
(D)(1) Notwithstanding Chapter 3327. of the Revised Code, and
except as provided in division (D)(2) of this section, a
district
board is not required to provide transportation to a
nondisabled
student enrolled in an alternative
school unless
such student can
be picked up and dropped off at a
regular school
bus stop
designated in accordance with the board's
transportation
policy
or unless the board is required to provide
additional
transportation to the student in accordance with a
court-approved
desegregation plan.
(2) A district board shall provide transportation to any
student enrolled in an alternative school pursuant described in 20
U.S.C. 6316(b)(1)(F) to the extent required by division (E)
of
section 3302.04 of the Revised Code to the extent required by
that division, except that no district board shall be required to
provide transportation to any such student enrolled in an
alternative
school pursuant to division (E) of section 3302.04 of
the Revised
Code after the date the school in which the student
was enrolled
immediately prior to enrolling in the alternative
school ceases to
be subject to that division makes adequate
yearly progress, as defined in section 3302.01 of the Revised
Code, for two consecutive school years.
(E) Each school board shall provide information about the
policy adopted under this section and the application procedures
and deadlines to the parent of each student in the district and
to
the general public.
(F) The state board of education shall monitor school
districts to ensure compliance with this section and the
districts' policies.
Sec. 3314.03.
A copy of every contract entered into
under
this section shall be filed with the superintendent of
public
instruction.
(A) Each contract entered into
between a sponsor and the
governing
authority of a
community school shall specify the
following:
(1) That the school shall
be established as
either of the
following:
(a) A nonprofit
corporation established
under Chapter 1702.
of the Revised Code,
if established prior to April 8, 2003;
(b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003;
(2) The education program of the school, including the
school's mission,
the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the
curriculum;
(3) The academic goals to be achieved and the method of
measurement that
will be used to determine progress toward those
goals, which shall include the statewide
achievement
tests;
(4) Performance standards by which the success of the
school
will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the
Revised
Code and, if applicable, section 3314.061 of the Revised Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
consecutive hours of the learning opportunities offered to the
student.
(7) The ways by which the school will achieve racial and
ethnic balance
reflective of the community it serves;
(8) Requirements
for
financial audits by the
auditor of
state. The contract shall require
financial records of
the school
to be maintained in
the same manner as are financial
records of
school districts, pursuant to
rules of the auditor of
state, and
the audits shall be conducted in
accordance with
section 117.10 of
the Revised Code.
(9) The facilities to be used and
their locations;
(10) Qualifications of teachers,
including a requirement
that
the school's
classroom teachers be licensed in accordance
with
sections 3319.22 to
3319.31 of the Revised Code, except that
a
community school may engage
noncertificated persons to teach up
to
twelve
hours per week pursuant to section 3319.301 of the
Revised
Code;
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a
minimum
of twenty-five students for a minimum of nine
hundred
twenty hours per school year.
(b) The governing authority will
purchase liability
insurance, or otherwise provide for the
potential liability of the
school.
(c) The school will be
nonsectarian in its programs,
admission policies,
employment practices, and all other
operations, and will not be
operated by a sectarian school or
religious institution.
(d) The school will comply with
sections 9.90, 9.91, 109.65,
121.22,
149.43, 2151.357, 2151.421, 2313.18,
3301.0710, 3301.0711,
3301.0712,
3301.0715, 3313.472,
3313.50, 3313.536,
3313.608,
3313.6012, 3313.6013, 3313.6014,
3313.643,
3313.648, 3313.66,
3313.661,
3313.662, 3313.666, 3313.667,
3313.67,
3313.671,
3313.672,
3313.673, 3313.69, 3313.71, 3313.716, 3313.718,
3313.80,
3313.96,
3319.073, 3319.321,
3319.39, 3319.391, 3321.01,
3321.13,
3321.14,
3321.17,
3321.18,
3321.19, 3321.191, 3327.10, 4111.17,
4113.52, and
5705.391
and
Chapters 117., 1347.,
2744., 3365.,
3742., 4112., 4123.,
4141.,
and
4167. of
the Revised Code
as if
it were a
school
district
and
will comply with section
3301.0714
of the
Revised
Code in the
manner specified in section
3314.17 of
the
Revised
Code.
(e) The school shall comply with Chapter 102. and section
2921.42 of
the
Revised Code.
(f) The school will comply with sections 3313.61,
3313.611,
and 3313.614 of the Revised Code, except that for students who
enter ninth grade for the first time before July 1, 2010, the
requirement in
sections
3313.61 and 3313.611 of the Revised
Code
that a person
must successfully
complete the curriculum
in
any
high school prior
to receiving a
high school diploma may be
met by
completing the
curriculum adopted by the
governing
authority of
the community
school
rather than the curriculum
specified in Title
XXXIII of the
Revised Code or any rules of the
state board of
education. Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, the requirement in sections
3313.61 and 3313.611 of the Revised Code that a person must
successfully complete the curriculum of a high school prior to
receiving a high school diploma shall be met by completing the
Ohio core curriculum prescribed in division (C) of section
3313.603 of the Revised Code, unless the person qualifies under
division (D) or (F) of that section. Each school shall comply with
the plan for awarding high school credit based on demonstration of
subject area competency, adopted by the state board of education
under division (J) of section 3313.603 of the Revised Code.
(g) The school governing authority will submit
within four
months after the end of each school year a
report
of
its
activities and progress in meeting the goals and
standards of
divisions
(A)(3) and (4) of this section and its
financial status
to the
sponsor and the parents of all students
enrolled in the
school.
(h) The school, unless it is an internet- or computer-based
community school, will comply with section 3313.801 of the Revised
Code as if it were a school district.
(12) Arrangements for providing health and other benefits
to
employees;
(13) The length of the contract, which shall begin at the
beginning of an
academic year. No contract shall
exceed
five years
unless such contract has been renewed pursuant to
division (E) of
this section.
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget
for each year
of the period of the contract and specifying the
total estimated per pupil
expenditure amount for each such year.
The plan shall specify for
each year the base formula amount
that
will be used for purposes of funding calculations under section
3314.08
of the Revised Code. This base formula amount for any
year
shall not exceed
the formula amount defined under section
3317.02
of the Revised Code. The plan may also
specify for any
year a
percentage figure to be used for reducing the per pupil
amount of
the subsidy calculated pursuant to
section 3317.029 of the Revised
Code the school is to
receive that
year under section 3314.08 of
the Revised Code.
(16) Requirements and procedures regarding the disposition
of
employees of the school in the event the contract is terminated
or
not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by
converting all
or
part of an existing public school or educational service center
building or is to be a new start-up
school, and if it is a
converted public school or service center building, specification
of
any duties or
responsibilities of an employer that the board of
education or service center governing board that operated the
school or building before conversion is delegating
to the
governing authority of the community
school with respect to
all
or any specified group of employees provided the
delegation is
not
prohibited by a collective bargaining agreement applicable
to
such
employees;
(18) Provisions establishing procedures for resolving
disputes or
differences of opinion between the sponsor and the
governing authority of the
community school;
(19) A provision requiring the governing authority to adopt
a
policy
regarding
the admission of students who reside outside
the
district in which the school
is located. That policy shall
comply
with the admissions procedures specified
in sections 3314.06 and
3314.061
of the Revised Code and, at the sole
discretion of the
authority,
shall do one of the following:
(a) Prohibit the enrollment of students who reside outside
the
district in which the school is located;
(b) Permit the enrollment of students who reside in
districts
adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any
other
district in the state.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code;
(21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations;
(b) The authority of the
department of education as the
community school oversight body to
suspend the operation of the
school under section 3314.072 of the
Revised Code if the
department has evidence of conditions or
violations of law at the
school that pose an imminent danger to
the health and safety of
the school's students and employees and
the sponsor refuses to
take such action;
(23) A description of the learning opportunities that will
be
offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (L)(2) of section 3314.08 of the Revised
Code;
(24) The school will comply with section sections 3302.04 and
3302.041 of the
Revised Code, including division (E) of that
section to the extent
possible, except that any action required
to be taken by a school
district pursuant to that section those
sections shall be taken by the sponsor of
the school. However,
the sponsor shall not be required to take any
action described in
division (F) of that section 3302.04 of the Revised Code.
(25) Beginning in the 2006-2007 school year, the school will
open for operation not later than the thirtieth day of September
each school year, unless the mission of the school as specified
under division (A)(2) of this section is solely to serve dropouts.
In its initial year of operation, if the school fails to open by
the thirtieth day of September, or within one year after the
adoption of the contract pursuant to division (D) of section
3314.02 of the Revised Code if the mission of the school is solely
to serve dropouts, the contract shall be void.
(B) The community school shall also submit to the sponsor a
comprehensive plan for the
school. The plan shall specify the
following:
(1) The process by which the governing authority of the
school will be
selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing
public
school or educational service center building, alternative
arrangements
for current public school
students who choose
not to
attend the converted school and for teachers who
choose not to
teach in
the school or building after conversion;
(4) The instructional program and educational philosophy of
the
school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the
Revised
Code between a sponsor and the governing
authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to
receive such payments as set forth in the contract
between the governing
authority and the sponsor.
The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total
amount of payments for
operating expenses that the school receives
from the state.
(D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal
performance
and the organization and operation of the community
school on at
least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school
in
complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall
performance, declare the
school to be on probationary status
pursuant to section 3314.073
of the Revised Code, suspend the
operation of the school pursuant
to section 3314.072 of the
Revised Code, or terminate the contract
of the school pursuant to
section 3314.07 of the Revised Code as
determined necessary by the
sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a
contract entered into under
this
section, the sponsor of a
community school may, with the
approval
of the governing authority
of the school, renew that
contract for
a period of time determined by the sponsor, but not
ending earlier
than the end of any school year, if the sponsor
finds that the
school's compliance with applicable laws and terms
of the contract
and the school's progress in meeting the academic
goals prescribed
in the contract have been satisfactory. Any
contract that is
renewed
under this division remains subject to
the provisions of
sections
3314.07, 3314.072, and 3314.073 of the
Revised Code.
(F) If a community school fails to open for operation within
one year after the contract entered into under this section is
adopted pursuant to division (D) of section 3314.02 of the Revised
Code or permanently closes prior to the expiration of the
contract, the contract shall be void and the school shall not
enter into a contract with any other sponsor. A school shall not
be considered permanently closed because the operations of the
school have been suspended pursuant to section 3314.072 of the
Revised Code. Any contract that becomes void under this division
shall not count toward any statewide limit on the number of such
contracts prescribed by section 3314.013 of the Revised Code.
Sec. 3326.17. (A) The department of education shall issue an
annual report card for each science, technology, engineering, and
mathematics school that includes all information applicable to
school buildings under section 3302.03 of the Revised Code.
(B) For each student enrolled in a STEM school, the
department shall combine data regarding the academic performance
of that student with comparable data from the school district in
which the student is entitled to attend school pursuant to section
3313.64 or 3313.65 of the Revised Code for the purpose of
calculating the performance of the district as a whole on the
report card issued for the district under section 3302.03 of the
Revised Code.
(C) Each STEM school and its governing body shall comply with
section sections 3302.04 and 3302.041 of the
Revised Code,
including division (E) of
that section to the extent
possible,
except that any action
required to be taken by a school
district
pursuant to that
section those sections shall be taken by the
school.
However, the school shall
not be required to take any
action
described in division (F) of
that section 3302.04 of the
Revised Code.
Sec. 3333.375. (A)(1) There are hereby created the Ohio
outstanding scholarship and the Ohio priority needs fellowship
programs payment funds, which shall be in the custody of the
treasurer of
state, but shall not be a part of the state treasury.
(2) The payment funds shall consist solely of all moneys
returned to the
treasurer of state, as issuer of certain
tax-exempt student loan revenue
bonds, from all indentures of
trust, both presently existing and future,
created as a result of
tax-exempt student loan revenue bonds issued under
Chapter 3366.
of the Revised Code, and any moneys
earned from allowable
investments of the payment funds under division
(B) of this
section.
(3) The Except as provided in division (E) of this section,
the payment funds shall be used solely for scholarship
and
fellowships
awarded under sections 3333.37 to 3333.375 of the
Revised
Code by the chancellor of the Ohio board of regents and
for any necessary
administrative expenses incurred by the
chancellor in administering the scholarship
and fellowship
programs.
(B) The treasurer of state may invest any moneys in the
payment
funds not currently needed for scholarship and fellowship
payments in any kind
of investments in which moneys of the public
employees retirement system may
be invested under Chapter 145. of
the Revised Code.
(C)(1) The instruments of title of all investments shall be
delivered to the treasurer of state or to a qualified trustee
designated by
the treasurer of state as provided in section 135.18
of the Revised
Code.
(2) The treasurer of state shall collect both principal and
investment
earnings on all investments as they become due and pay
them into the payment
funds.
(3) All deposits to the payment funds shall be made in public
depositories
of this state and secured as provided in section
135.18 of the
Revised Code.
(D) On or before March 1, 2001, and on or before the
first
day of March in each subsequent year, the treasurer of state
shall
provide to the chancellor of the Ohio board of regents a
statement
indicating the moneys in the Ohio outstanding scholarship
and the
Ohio priority needs fellowship programs payment funds that
are
available for the upcoming academic year to award scholarships and
fellowships under sections 3333.37 to 3333.375 of the Revised
Code.
(E) The chancellor may use funds the treasurer has indicated
as available pursuant to division (D) of this section to support
distribution of state need-based financial aid in accordance with
sections 3333.12 and 3333.122 of the Revised Code.
Sec. 3375.481. (A) There is hereby created a statewide
consortium of
county law library resources boards. The statewide
consortium shall be comprised
of the county law library resources
board of each county.
(B) The statewide consortium board shall consist
of five
voting
members, one of whom shall be the librarian of the supreme
court of Ohio, or, if the librarian of the supreme court is
unavailable, the chief justice's designee, and the other four
members shall
be appointed as follows:
(1) The Ohio judicial conference shall appoint one member.
(2) The county commissioners association of Ohio shall
appoint two members, one of whom shall be the chief administrator
of a county law library resources board.
(3) The Ohio state bar association shall appoint one member.
(C) Initial appointments to the statewide consortium board
shall be
made on or before July 1, 2010. Of the
initial
appointments, the
initial term of the member appointed by
the
county
commissioners association who is not the chief
administrator of a county library resources board and the member
appointed by the
Ohio judicial
conference shall be for a term
ending December 31,
2014. The initial term of the member
appointed by the Ohio state
bar association and the member
appointed by the county
commissioners association who is the
chief administrator of a
county law library resources board shall
be for a term ending
December 31,
2016. Thereafter, terms for
all members shall be
for
five years,
with each term ending on
the same day of the
same
month as did
the term that it
succeeds.
Each member appointed pursuant to division (B) of this
section shall hold office from the date of the member's
appointment until the end of the term for which the member was
appointed. Vacancies
shall be filled within sixty days after the
vacancy occurs and
shall be filled in the manner provided for
original appointments.
Any member appointed to fill a vacancy
occurring prior to the
expiration date of the term for which the
member's predecessor was
appointed shall hold office as a member
for the remainder of that
term. A member shall continue in office
subsequent to the
expiration date of the member's term until the
member's successor
takes office or until a period of sixty days
has elapsed,
whichever occurs first.
(D) The statewide consortium board shall do all of the
following for
the benefit of the members of the statewide
consortium:
(1) Negotiate contracts that each county law library
resources
board
may use for purchasing or obtaining access to
legal
research and reference materials available in any medium;
(2) Catalogue existing resources held by county law library
resources
boards and facilitate the sharing of those resources by
the county
law library resources boards;
(3) Develop and recommend guidelines for the collection of or
access to legal resources that ought to be provided by a county
law library resources board;
(4) Provide consultation and assistance to county law library
resources boards;
(5) Issue an annual report of its activities to each county
law library resources board.
(E)(1) There is hereby created in the state treasury the
statewide consortium of county law library resources boards fund.
Commencing in calendar year 2011, each county
treasurer shall
deposit on or before the fifteenth day of February of each
calendar
year
two per cent of the funds
deposited
pursuant to
section
307.515
of the Revised Code into
the county
law
library
resources
fund
of the treasurer's county,
established
under
section 307.514
of
the Revised Code, from the
immediately
preceding calendar year
into the statewide
consortium of county
law library
resources
boards fund. The
statewide consortium
board may recommend in
writing and submit
to
each county law
library resources board an
increase
or
decrease
in the
percentage
of funds that must be
deposited
into the
statewide
consortium fund by county
treasurers
pursuant to the
division.
Upon the receipt of written
approval
of the
recommendation from
a majority of the county law
library
resources
boards, the
recommendation shall become
effective on
January 1 of
the
succeeding year. The statewide
consortium
board of the county
law library
resources boards
shall make any
recommendations not
later than the
first day of
April for the
proceeding fiscal
year,
and any action
by a county
law library
resources board on
the
recommendation shall be
certified to the
statewide
consortium
board not later than the
first day of
June of that
year.
(2) The statewide consortium board may use the money
deposited in the
fund for the operation of the statewide
consortium board
and may provide
grants to county law library
resources boards.
(F) The statewide consortium board may create an advisory
council that
is comprised of persons with expertise in the
operation and
funding of law libraries.
(G) The statewide consortium board shall determine the
necessary qualifications of staff and the
facilities and
equipment
necessary for the operation of the statewide
consortium.
(H) The statewide consortium board shall elect a chairperson
from its
membership. The statewide consortium board shall meet at
least four times
per year and shall keep a record of its
proceedings. The record of
its proceedings shall be open to the
public for inspection. The
chairperson or the chairperson's
designee shall send a written
notice of the time and place of
each meeting to each member. A
majority of the members of the
statewide consortium board shall constitute a
quorum.
Sec. 3375.49. (A) Subject to divisions (B) and (D) of this
section, for For the use of the law library referred to
in section
3375.48 of the Revised Code as repealed by this act, the board of
county
commissioners
shall provide space in the
county courthouse
or in any other
building located in the county seat, and
utilities for that space.
(B)(1) Subject to divisions (C) and (D) of this section,
through During calendar year 2006 2009, the board of county
commissioners
shall be responsible for paying the compensation of
the librarian
and up to two assistant librarians of the law
library appointed by
the board of trustees of the law library
association under section
3375.48 of the Revised Code as repealed
by this act and the
costs of the space in the
county courthouse
or other building
that the board provides for
the use of the law
library under
division (A) of this section, and the
utilities
for that space,
and furniture and fixtures for the law
library.
(2)(a) In calendar years 2007 through 2010, the board of
county commissioners and the board of trustees shall be
responsible for paying the compensation of the librarian and up to
two assistant librarians appointed under section 3375.48 of the
Revised Code as follows:
(i) In calendar year 2007, the board of county commissioners
shall pay eighty per cent, and the board of trustees shall pay
twenty per cent.
(ii) In calendar year 2008, the board of county commissioners
shall pay sixty per cent, and the board of trustees shall pay
forty per cent.
(iii) In calendar year 2009, the board of county
commissioners shall pay forty per cent, and the board of trustees
shall pay sixty per cent.
(iv) In calendar year 2010, the board of county commissioners
shall pay twenty per cent, and the board of trustees shall pay
eighty per cent.
(b) In calendar years 2008 through 2011, the board of county
commissioners and the board of trustees shall be responsible for
the costs of the space in the county courthouse or other building
that the board of county commissioners provides for the use of the
law library under division (A) of this section, the utilities for
that space, and furniture and fixtures for the law library as
follows:
(i) In calendar year 2008, the board of county commissioners
shall pay eighty per cent, and the board of trustees shall pay
twenty per cent.
(ii) In calendar year 2009, the board of county commissioners
shall pay sixty per cent, and the board of trustees shall pay
forty per cent.
(iii) In calendar year 2010, the board of county
commissioners shall pay forty per cent, and the board of trustees
shall pay sixty per cent.
(iv) In calendar year 2011, the board of county commissioners
shall pay twenty per cent, and the board of trustees shall pay
eighty per cent.
(3)(a) Beginning in calendar year 2011 and thereafter, the
board of trustees shall be responsible for paying the compensation
of the librarian and all assistant librarians appointed under
section 3375.48 of the Revised Code.
(b) Beginning in calendar year 2012 and thereafter, the board
of trustees shall be responsible for the costs of the space in the
county courthouse or other building that the board of county
commissioners provides for the use of the law library under
division (A) of this section, the utilities for that space, and
the law library's furniture and fixtures.
(C) At any time prior to calendar year 2011, the board of
trustees of a law library association referred to in section
3375.48 of the Revised Code may elect to assume responsibility for
paying the entire compensation of the librarian and all assistant
librarians of the law library appointed under section 3375.48 of
the Revised Code. If the board of trustees elects to assume that
responsibility, the board of county commissioners of the county in
which the association is located has no further obligation under
division (B) of this section to make payments for the compensation
of the law librarian and up to two assistant librarians.
(D)(1) Except as otherwise provided in division (D)(2) of
this section, if the board of trustees of a law library
association referred to in section 3375.48 of the Revised Code
rents, leases, lease-purchases, or otherwise acquires space to
expand or enlarge the law library for the use of the law library,
the board of county commissioners of the county in which the
association is located has no further obligation under division
(A) of this section to provide space in the county courthouse or
any other building located in the county seat for the use of the
law library and utilities for that space, and has no further
obligation under division (B) of this section to make payments for
the compensation of the librarian and up to two assistant
librarians of the law library appointed under section 3375.48 of
the Revised Code and for the costs of space in the county
courthouse or any other building for the use of the law library,
the utilities for that space, and the law library's furniture and
fixtures.
(2) Division (D)(1) of this section does not apply if the
board of trustees of a law library association referred to in
section 3375.48 of the Revised Code modifies the space used by the
law library in a manner that results in no change in that space or
in a reduction in that space and that results in no additional
costs to the board of county commissioners for fixtures or
furniture for the law library.
(E)(C)
The librarian of the law library shall receive and
safely
keep in the law library the law reports and other books
furnished
by the state for
use of the court and bar.
(F)(D) The books, computer
communications console that is a
means of access to a system of
computerized legal research,
microform materials and equipment,
videotape materials and
equipment, audio or visual materials and
equipment, other
materials and equipment utilized in conducting
legal research,
furniture, and fixtures of the law library association that
are
owned by, and used exclusively in, the law library are exempt
from
taxation.
Sec. 4513.35. (A) All fines collected under sections
4511.01
to 4511.78, 4511.99, and 4513.01 to 4513.37 of the
Revised Code
shall be paid into the county treasury and, with the
exception of
that portion distributed under section 3375.53
307.515 of
the
Revised
Code, shall be placed to the credit of
the fund for
the
maintenance and repair of the highways within
that county,
except
that:
(1) All fines for violations of division (B) of section
4513.263 shall be delivered to the treasurer of state as provided
in division (E) of section 4513.263 of the Revised Code.
(2) All fines collected from, or moneys arising from bonds
forfeited by, persons apprehended or arrested by state highway
patrolmen shall be distributed as provided in section 5503.04 of
the Revised Code.
(3)(a) Subject to division (E) of section 4513.263 of the
Revised Code and except as otherwise provided in division
(A)(3)(b) of this section, one-half of all fines collected from,
and one-half of all moneys arising from bonds forfeited by,
persons apprehended or arrested by a township constable or other
township police officer shall be paid to the township treasury to
be placed to the credit of the general fund.
(b) All fines collected from, and all moneys arising from
bonds forfeited by, persons apprehended or arrested by a township
constable or other township police officer pursuant to division
(B)(2) of section 4513.39 of the Revised Code for a violation of
section 4511.21 of the Revised Code or any other law, ordinance,
or regulation pertaining to speed that occurred on a highway
included as part of the interstate system, as defined in section
5516.01 of the Revised Code, shall be paid into the county
treasury and be credited as provided in the first paragraph of
this section.
(B) Notwithstanding any other provision of this section or
of
any other section of the Revised Code:
(1) All fines collected from, and all moneys arising from
bonds forfeited by, persons arrested under division (E)(1)
or (2)
of section 2935.03 of the Revised Code are deemed to be
collected,
and to arise, from arrests made within the
jurisdiction in which
the arresting officer is appointed,
elected, or employed, for
violations of one of the sections or
chapters of the Revised Code
listed in division (E)(1) of
that section and shall be distributed
accordingly.
(2) All fines collected from, and all moneys arising from
bonds forfeited by, persons arrested under division (E)(3)
of
section 2935.03 of the Revised Code are deemed to be collected,
and to arise, from arrests made within the jurisdiction in which
the arresting officer is appointed, elected, or employed, for
violations of municipal ordinances that are substantially
equivalent to one of the sections or one of the provisions of one
of the chapters of the Revised Code listed in division
(E)(1)
of
that section and for violations of one of the sections or one of
the provisions of one of the chapters of the Revised Code listed
in division (E)(1) of that section, and shall be distributed
accordingly.
Sec. 5111.89. (A) As used in sections 5111.89 to 5111.894
of
the Revised Code:
"Area agency on aging" has the same meaning as in section
173.14 of the Revised Code.
"Assisted living program" means the medicaid waiver component
for which the director of job and family services is authorized by
this section to request a medicaid waiver.
"Assisted living services" means the following home and
community-based services: personal care, homemaker, chore,
attendant care, companion, medication oversight, and therapeutic
social and recreational programming.
"County or district home" means a county or district home
operated under Chapter 5155. of the Revised Code.
"Long-term care consultation program" means the program the
department of aging is required to develop under section 173.42 of
the Revised Code.
"Long-term care consultation program administrator" or
"administrator" means the department of aging or, if the
department contracts with an area agency on aging or other entity
to administer the long-term care consultation program for a
particular area, that agency or entity.
"Medicaid waiver component" has the same meaning as in
section 5111.85 of the Revised Code.
"Nursing facility" has the same meaning as in section 5111.20
of the Revised Code.
"Residential care facility" has the same meaning as in
section 3721.01 of the Revised Code.
"State administrative agency" means the department of job and
family services if the department of job and family services
administers the assisted living program or the department of aging
if the department of aging administers the assisted living
program.
(B) The director of job and family services may submit a
request to the United States secretary of health and human
services under 42 U.S.C. 1396n to obtain a waiver of federal
medicaid requirements that would otherwise be violated in the
creation and implementation of a program under which assisted
living services are provided to not more than one thousand eight
hundred individuals who meet the program's eligibility
requirements established under section 5111.891 of the Revised
Code.
If the secretary approves the medicaid waiver requested under
this section and the director of budget and management approves
the contract, the department of job and family services shall
enter into a contract with the department of aging under section
5111.91 of the Revised Code that provides for the department of
aging to administer the assisted living program. The contract
shall include an estimate of the program's costs.
The director of job and family services may adopt rules under
section 5111.85 of the Revised Code regarding the assisted living
program. The director of aging may adopt rules under Chapter 119.
of the Revised Code regarding the program that the rules adopted
by the director of job and family services authorize the director
of aging to adopt.
Sec. 5111.891. To be eligible for the assisted living
program, an individual must meet all of the following
requirements:
(A) Need an intermediate level of care as determined under
rule 5101:3-3-06 of the Administrative Code;
(B) At the time the individual applies for the assisted
living program, be one of the following:
(1) A nursing facility resident who is seeking to move to a
residential care facility and would remain in a nursing facility
for long term care if not for the assisted living program;
(2) A participant of any of the following medicaid waiver
components who would move to a nursing facility if not for the
assisted living program:
(a) The PASSPORT program created under section 173.40 of the
Revised Code;
(b) The medicaid waiver component called the choices program
that the department of aging administers;
(c) A medicaid waiver component that the department of job
and family services administers.
(3) A resident of a residential care facility who has resided
in a residential care facility for at least six months immediately
before the date the individual applies for the assisted living
program.
(C) At the time the individual receives assisted living
services under the assisted living program, reside in a
residential care facility that is authorized by a valid medicaid
provider agreement to participate in the assisted living program,
including both of the following:
(1) A residential care facility that is owned or operated by
a metropolitan housing authority that has a contract with the
United States department of housing and urban development to
receive an operating subsidy or rental assistance for the
residents of the facility;
(2) A county or district home licensed as a residential care
facility.
(D) Meet all other eligibility requirements for the assisted
living program established in rules adopted under section 5111.85
of the Revised Code.
Sec. 5111.894. When The state administrative agency may
establish one or more waiting lists for the assisted living
program. Only individuals eligible for the medicaid program may be
placed on a waiting list.
Each month, each area agency on aging
shall determine
whether any individual who resides in the area
that the area
agency on aging serves and is on a waiting list for
the assisted
living program has been admitted to a nursing
facility. If an
area agency on aging determines that such
an
individual who is
eligible for the medicaid program and resides
in the area that
the area agency on aging serves has been admitted
to a nursing
facility and that there is a vacancy in a residential care
facility participating in the assisted living program that is
acceptable to the individual, the agency shall notify the
long-term care
consultation program administrator serving the
area in which the
individual resides about the determination. The
administrator
shall determine whether the assisted living program
is appropriate
for the individual and whether the individual
would rather
participate in the assisted living program than
continue residing
in the nursing facility. If the administrator
determines that the
assisted living program is appropriate for
the individual and the
individual would rather participate in the
assisted living program
than continue residing in the nursing
facility, the administrator
shall provide the individual or
individual's representative
information about how to apply for
the assisted living program and
whether there is a waiting list
for the assisted living program so
notify the state
administrative agency.
On receipt of the notice from the administrator, the
state
administrative agency shall approve the individual's enrollment in
the assisted living program regardless of any waiting list for the
assisted living
program, unless the enrollment would cause the
assisted living program to exceed the limit on the number of
individuals who may participate in the program as set by section
5111.89 of the Revised Code. Each quarter, the state
administrative agency
shall
certify to the director of budget
and management the
estimated
increase in costs of the assisted
living program
resulting from
enrollment of individuals in the
assisted living
program pursuant
to this section.
Not later than the last day of each calendar year, the
director of job and family services shall submit to the general
assembly a report regarding the number of individuals enrolled in
the assisted living program pursuant to this section and the costs
incurred and savings achieved as a result of the enrollments.
Sec. 5709.75. (A) Any township that receives service
payments
in
lieu of taxes under section 5709.74 of the Revised
Code shall
establish a township public improvement tax increment
equivalent
fund into which
those payments shall be deposited.
If
the board
of
township trustees has adopted a resolution under
division (C)
of
section 5709.73 of the Revised Code, the township
shall
establish
at least one account in that fund with respect to
resolutions
adopted under division (B) of that section, and one
account with
respect to each incentive district created by a
resolution
adopted
under
division (C) of that section. If a
resolution
adopted under
division (C) of section 5709.73 of the
Revised Code
also
authorizes the use of service payments for
housing
renovations
within the incentive district, the township
shall establish
separate
accounts for the service payments
designated for public
infrastructure improvements and for the
service payments
authorized for the purpose of housing
renovations.
(B) Except as otherwise provided in division (C) or (D) of
this section, money
deposited in
an account of the township public
improvement tax increment equivalent fund shall be used by the
township
to pay the
costs of public
infrastructure improvements
designated
in or
the housing renovations authorized by the
resolution with
respect
to
which the account is established,
including any
interest on and
principal of the
notes; in the case
of an account
established with
respect to a resolution adopted
under division
(C) of that
section, money in the account shall be
used to finance
the public
infrastructure
improvements designated,
or the housing
renovations
authorized, for each incentive district
created in the
resolution.
Money in
an account shall not be used
to finance or
support housing
renovations that take place after
the incentive district has
expired.
(C)(1)(a) A
township may distribute money in
such an
account
to
any
school district in which the exempt
property is
located in
an
amount not to exceed the amount of real
property
taxes that
such
school district would have received from
the
improvement if
it
were not exempt from taxation. The
resolution
establishing the
fund shall set forth the percentage of
such
maximum amount that
will be distributed to any affected
school
district.
(b) A township also may distribute money in such an account
as follows:
(i) To a board of county commissioners, in the amount that is
owed to the board pursuant to division (E) of section 5709.73 of
the Revised Code;
(ii) To a county in accordance with section 5709.913 of the
Revised Code.
(2) Money from an account in a township public improvement
tax increment equivalent fund may be distributed under division
(C)(1)(b) of this section, regardless of the date a resolution was
adopted under section 5709.73 of the Revised Code that prompted
the establishment of the account, even if the resolution was
adopted prior to the effective date of this amendment March 30,
2006.
(D) On or before January 1, 2007, a A board of township
trustees that adopted a resolution under division (B) of section
5709.73 of the Revised Code before January 1, 1995, and that, with
respect to property exempted under such a resolution, is party to
a hold-harmless agreement, may appropriate and expend unencumbered
money in the fund to pay current public safety expenses of the
township. A township appropriating and expending money under this
division shall reimburse the fund for the sum so appropriated and
expended not later than the day the exemption granted under the
resolution expires. For the purposes of this division, a
"hold-harmless agreement" is an agreement with the board of
education of a city, local, or exempted village school district
under which the board of township trustees agrees to compensate
the school district for one hundred per cent of the tax revenue
the school district would have received from improvements to
parcels designated in the resolution were it not for the exemption
granted by the resolution.
(E) Any
incidental surplus remaining in the township
public
improvement
tax increment equivalent fund
or an account
of
that
fund
upon
dissolution
of the account or fund shall be
transferred
to the
general fund of the township.
Sec. 5739.02. For the purpose of providing revenue with
which to meet the needs of the state, for the use of the general
revenue
fund of the state, for the purpose of securing a thorough
and
efficient system of common schools throughout the state, for
the purpose of affording revenues, in addition to those from
general property taxes, permitted under constitutional
limitations, and from other sources, for the support of local
governmental functions, and for the purpose of reimbursing the
state for the expense of administering this chapter, an excise
tax
is hereby levied on each retail sale made in this state.
(A)(1) The tax shall be collected as provided
in
section
5739.025 of the Revised Code. The rate of the tax
shall be
five
and one-half per cent. The tax applies and is
collectible
when
the sale is made,
regardless of the time when
the price is
paid
or delivered.
(2) In the case of the lease or rental, with a fixed term of
more than thirty days or an indefinite term with a minimum period
of more than thirty days, of any motor vehicles designed by the
manufacturer to carry a load of not more than one ton, watercraft,
outboard motor, or aircraft, or of any tangible personal property,
other than motor vehicles designed by the manufacturer to carry a
load of more than one ton, to be used by the lessee or renter
primarily for business purposes, the tax shall be collected by the
vendor at the time the lease or rental is consummated and shall be
calculated by the vendor on the basis of the total amount to be
paid by the lessee or renter under the lease agreement. If the
total amount of the consideration for the lease or rental includes
amounts that are not calculated at the time the lease or rental is
executed, the tax shall be calculated and collected by the vendor
at the time such amounts are billed to the lessee or renter. In
the case of an open-end lease or rental, the tax shall be
calculated by the vendor on the basis of the total amount to be
paid during the initial fixed term of the lease or rental, and for
each subsequent renewal period as it comes due. As used in this
division, "motor vehicle" has the same meaning as in section
4501.01 of the Revised Code, and "watercraft" includes an outdrive
unit attached to the watercraft.
A lease with a renewal clause and a termination penalty or
similar provision that applies if the renewal clause is not
exercised is presumed to be a sham transaction. In such a case,
the tax shall be calculated and paid on the basis of the entire
length of the lease period, including any renewal periods, until
the termination penalty or similar provision no longer applies.
The taxpayer shall bear the burden, by a preponderance of the
evidence, that the transaction or series of transactions is not a
sham transaction.
(3) Except as provided in division (A)(2) of this section, in
the case of a sale, the price of which consists in whole
or in
part of the lease or rental of tangible personal property, the
tax
shall be measured by the
installments
of that lease or rental.
(4) In the case of a sale of a physical fitness facility
service or recreation and sports club service, the price of
which
consists in whole or in part of a membership for the
receipt
of
the benefit of the service, the tax applicable to the
sale
shall
be measured by the installments thereof.
(B) The tax does not apply to the following:
(1) Sales to the state or any of its political
subdivisions,
or to any other state or its political subdivisions
if the laws of
that state exempt from taxation sales made to this
state and its
political subdivisions;
(2) Sales of food for human consumption off the premises
where sold;
(3) Sales of food sold to students only in a cafeteria,
dormitory, fraternity, or sorority maintained in a private,
public, or parochial school, college, or university;
(4) Sales of newspapers and of magazine subscriptions and
sales or transfers of magazines
distributed as controlled
circulation publications;
(5) The furnishing, preparing, or serving of meals without
charge by an employer to an employee provided the employer
records
the meals as part compensation for services performed or
work
done;
(6) Sales of motor fuel upon receipt, use,
distribution, or
sale of which in this state a tax is imposed by
the law of this
state, but this exemption shall not apply to the
sale of motor
fuel on which a refund of the tax is
allowable under division (A)
of section
5735.14 of the Revised Code; and the tax
commissioner
may deduct
the amount of tax levied by this section
applicable to
the price
of motor fuel when granting a
refund of motor fuel tax
pursuant to division (A) of
section 5735.14 of
the Revised Code
and shall cause the amount
deducted to be paid
into the general
revenue fund of this state;
(7) Sales of natural gas by a natural gas company, of water
by a water-works
company, or of steam by a heating company, if in
each case the
thing sold is delivered to consumers through pipes
or
conduits, and all sales of communications services by a
telegraph company, all terms as defined in section
5727.01 of
the
Revised Code, and sales of electricity delivered through wires;
(8) Casual sales by a person, or auctioneer employed
directly
by the person to conduct such sales, except as to
such
sales of
motor vehicles, watercraft or outboard motors required to
be
titled under section 1548.06 of the Revised Code, watercraft
documented with the United States coast guard, snowmobiles, and
all-purpose vehicles as defined in section 4519.01 of the Revised
Code;
(9)(a) Sales of services or tangible personal property, other
than motor vehicles, mobile homes, and manufactured
homes, by
churches, organizations exempt from taxation under
section
501(c)(3) of the Internal Revenue
Code of 1986, or
nonprofit
organizations operated exclusively for charitable
purposes as
defined in division (B)(12) of this section, provided
that the
number of days on which such tangible personal property
or
services, other than items never subject to the tax, are sold
does
not exceed six in any calendar year, except as otherwise provided
in division (B)(9)(b) of this section. If the number of days
on
which such sales are made exceeds six in any calendar year,
the
church or organization shall be considered to be engaged in
business and all subsequent sales by it shall be subject to the
tax. In counting the number of days, all sales by groups within
a
church or within an organization shall be considered to be
sales
of that church or organization.
(b) The limitation on the number of days on which tax-exempt
sales may be made by a church or organization under division
(B)(9)(a) of this section does not apply to sales made by
student
clubs and other groups of students of a primary
or
secondary
school, or a parent-teacher
association,
booster group, or similar
organization that raises
money to
support or fund curricular or
extracurricular activities
of a
primary or secondary school.
(c) Divisions (B)(9)(a) and (b) of this section do not apply
to sales by a
noncommercial educational radio or television
broadcasting
station.
(10) Sales not within the taxing power of this state under
the Constitution of the United States;
(11) Except for transactions that are sales under division
(B)(3)(r) of section 5739.01 of the Revised Code, the
transportation of persons or property, unless the
transportation
is by a private investigation and security
service;
(12) Sales of tangible personal property or services to
churches, to organizations exempt from taxation under section
501(c)(3) of the Internal Revenue Code of 1986, and to any other
nonprofit organizations operated exclusively for charitable
purposes in this state, no part of the net income of which inures
to the benefit of any private shareholder or individual, and no
substantial part of the activities of which consists of carrying
on propaganda or otherwise attempting to influence legislation;
sales to offices administering one or more homes for the aged or
one or more hospital facilities exempt under section 140.08 of
the
Revised Code; and sales to organizations described in
division (D)
of section 5709.12 of the Revised Code.
"Charitable purposes" means the relief of poverty; the
improvement of health through the alleviation of illness,
disease,
or injury; the operation of an organization
exclusively
for the
provision of professional, laundry, printing, and
purchasing
services to hospitals or charitable institutions;
the
operation of
a home for the aged, as defined in section 5701.13
of the Revised
Code; the operation of a radio or television
broadcasting station
that is licensed by the federal
communications commission as a
noncommercial educational radio or
television station; the
operation of a nonprofit animal
adoption service or a county
humane society; the promotion of
education by an institution of
learning that maintains a faculty of
qualified instructors,
teaches regular continuous courses of study, and
confers a
recognized diploma upon completion of a specific
curriculum; the
operation of a parent-teacher association,
booster group, or
similar organization primarily engaged in the
promotion and
support of the curricular or extracurricular
activities of a
primary or secondary school; the operation of a
community or area
center in which presentations in music,
dramatics, the arts, and
related fields are made in order to
foster public interest and
education therein; the production of
performances in music,
dramatics, and the arts; or the
promotion of education by an
organization engaged in carrying on research
in, or the
dissemination of, scientific and technological
knowledge and
information primarily for the public.
Nothing in this division shall be deemed to exempt sales to
any organization for use in the operation or carrying on of a
trade or business, or sales to a home for the aged for use in the
operation of independent living facilities as defined in division
(A) of section 5709.12 of the Revised Code.
(13) Building and construction materials and services sold
to
construction contractors for incorporation into a structure or
improvement to real property under a construction contract with
this state or a political subdivision
of this state, or
with the
United
States government or any of its agencies; building
and
construction materials and services sold to construction
contractors for incorporation into a structure or improvement to
real property that are accepted for ownership by this
state or
any
of its political subdivisions, or by the United States
government
or any of its agencies at the time of completion of
the
structures
or improvements; building and construction
materials
sold to
construction contractors for incorporation into
a
horticulture
structure or livestock structure for a person
engaged
in the
business of horticulture or producing livestock;
building
materials and services sold to a construction contractor
for
incorporation into a house of public worship or religious
education, or a building used exclusively for charitable purposes
under a construction contract with an organization whose purpose
is as described in division (B)(12) of this section; building
materials and
services sold to a construction contractor for
incorporation into a building
under a construction contract with
an organization exempt from taxation under
section 501(c)(3) of
the Internal Revenue
Code of 1986 when the building is to be used
exclusively for the
organization's exempt purposes; building and
construction materials sold for incorporation into the original
construction of a sports facility under section 307.696 of the
Revised Code; and building and construction materials and
services
sold to a construction contractor for incorporation into
real
property outside this state if such materials and services,
when
sold to a construction contractor in the state in which the
real
property is located for incorporation into real property in
that
state, would be exempt from a tax on sales levied by that
state;
(14) Sales of ships or vessels or rail rolling stock used or
to be
used principally in interstate or foreign commerce, and
repairs,
alterations, fuel, and lubricants for such ships or
vessels or rail rolling
stock;
(15) Sales to persons primarily engaged in any of the
activities
mentioned in division (B)(42)(a) or (g) of this
section, to persons engaged in making retail sales, or to
persons
who purchase for sale from a manufacturer tangible
personal
property that was produced by the manufacturer in
accordance with
specific designs provided by the purchaser, of
packages, including
material, labels, and parts for packages, and
of
machinery,
equipment, and material for use primarily in
packaging
tangible
personal property produced for sale, including
any machinery,
equipment, and supplies used to make labels or
packages, to
prepare packages
or products for labeling, or to
label packages or
products, by or on the order
of the person doing
the packaging, or
sold at retail.
"Packages"
includes bags,
baskets, cartons,
crates, boxes, cans, bottles,
bindings,
wrappings, and other
similar devices and containers, but does not include motor
vehicles or bulk tanks, trailers, or similar devices attached to
motor vehicles. "Packaging" means placing in a package. Division
(B)(15) of this section does not apply to persons engaged in
highway transportation for hire.
(16) Sales of food to persons using food stamp
benefits to
purchase the food. As used in this division,
"food" has the same
meaning as in the
"Food Stamp
Act of 1977,"
91
Stat. 958, 7 U.S.C.
2012, as amended, and federal
regulations
adopted pursuant to that
act.
(17) Sales to persons engaged in farming, agriculture,
horticulture, or floriculture, of tangible personal property for
use or consumption directly in the production by farming,
agriculture, horticulture, or floriculture of other tangible
personal property for use or consumption directly in the
production of tangible personal property for sale by farming,
agriculture, horticulture, or floriculture; or material and parts
for incorporation into any such tangible personal property for
use
or consumption in production; and of tangible personal
property
for such use or consumption in the conditioning or
holding of
products produced by and for such use, consumption, or
sale by
persons engaged in farming, agriculture, horticulture, or
floriculture, except where such property is incorporated into real
property;
(18) Sales of drugs for a human being that may be dispensed
only pursuant to a prescription;
insulin as recognized in the
official
United States pharmacopoeia; urine and blood testing
materials
when used by diabetics or persons with hypoglycemia to
test for
glucose or acetone; hypodermic syringes and needles when
used by
diabetics for insulin injections; epoetin alfa when
purchased for
use in
the treatment of persons with medical
disease;
hospital
beds when purchased
by hospitals, nursing homes,
or other medical facilities;
and medical oxygen and medical
oxygen-dispensing
equipment when purchased by hospitals, nursing
homes, or other medical facilities;
(19) Sales of prosthetic devices, durable medical equipment
for home use, or mobility enhancing equipment, when made pursuant
to a prescription and when such devices or equipment are for use
by a human being.
(20) Sales of emergency and fire protection vehicles and
equipment to nonprofit organizations for use solely in providing
fire protection and emergency services, including trauma care and
emergency
medical services, for political subdivisions of the
state;
(21) Sales of tangible personal property manufactured in
this
state, if sold by the manufacturer in this state to a
retailer for
use in the retail business of the retailer outside of
this state
and
if possession is taken from the manufacturer by the
purchaser
within this state for the sole purpose of immediately
removing
the
same from this state in a vehicle owned by the
purchaser;
(22) Sales of services provided by the state or any of its
political subdivisions, agencies, instrumentalities,
institutions,
or authorities, or by governmental entities of the
state or any of
its political subdivisions, agencies,
instrumentalities,
institutions, or authorities;
(23) Sales of motor vehicles to nonresidents of this state
under the circumstances described
in division (B) of section
5739.029 of the Revised Code;
(24) Sales to persons engaged in the preparation of eggs
for
sale of tangible personal property used or consumed directly
in
such preparation, including such tangible personal property
used
for cleaning, sanitizing, preserving, grading, sorting, and
classifying by size; packages, including material and parts for
packages, and machinery, equipment, and material for use in
packaging eggs for sale; and handling and transportation
equipment
and parts therefor, except motor vehicles licensed to
operate on
public highways, used in intraplant or interplant
transfers or
shipment of eggs in the process of preparation for
sale, when the
plant or plants within or between which such
transfers or
shipments occur are operated by the same person.
"Packages"
includes containers, cases, baskets, flats, fillers,
filler flats,
cartons, closure materials, labels, and labeling
materials, and
"packaging" means placing therein.
(25)(a) Sales of water to a consumer for residential use,
except the sale of bottled water, distilled water, mineral water,
carbonated water, or ice;
(b) Sales of water by a nonprofit corporation engaged
exclusively in the treatment, distribution, and sale of water to
consumers, if such water is delivered to consumers through pipes
or tubing.
(26) Fees charged for inspection or reinspection of motor
vehicles under section 3704.14 of the Revised Code;
(27) Sales to persons licensed to conduct a food service
operation pursuant to section 3717.43 of the Revised Code, of
tangible personal property primarily used directly for the
following:
(a) To prepare food for human consumption for sale;
(b) To preserve food that has been or will be prepared
for
human consumption for sale by the food service operator, not
including tangible personal property used to display food for
selection by the consumer;
(c) To clean tangible personal property used to prepare or
serve food for human consumption for sale.
(28) Sales of animals by nonprofit animal adoption
services
or county humane societies;
(29) Sales of services to a corporation described in
division
(A) of section 5709.72 of the Revised Code, and sales of
tangible
personal property that qualifies for exemption from
taxation under
section 5709.72 of the Revised Code;
(30) Sales and installation of agricultural land tile, as
defined in division (B)(5)(a) of section 5739.01 of the Revised
Code;
(31) Sales and erection or installation of portable grain
bins, as defined in division (B)(5)(b) of section 5739.01 of the
Revised Code;
(32) The sale, lease, repair, and maintenance of, parts
for,
or items attached to or incorporated in, motor
vehicles
that
are
primarily used for transporting tangible personal property
belonging to others by
a
person engaged in highway transportation
for hire, except for packages and packaging used for the
transportation of tangible personal property;
(33) Sales to the state headquarters of any veterans'
organization in
this state that is either incorporated and
issued
a
charter by the congress of the United States or is
recognized by
the United States veterans administration, for use
by the
headquarters;
(34) Sales to a telecommunications service vendor, mobile
telecommunications service vendor, or satellite broadcasting
service vendor of
tangible personal property and services used
directly and
primarily in transmitting, receiving, switching, or
recording any
interactive, one- or two-way electromagnetic
communications, including
voice, image, data, and information,
through the use of any
medium, including, but not limited to,
poles, wires, cables,
switching equipment, computers, and record
storage devices and
media, and component parts for the tangible
personal property.
The exemption provided in this division
shall
be in lieu of all other exemptions under division (B)(42)(a) of
this
section to which the vendor may otherwise be entitled, based
upon the use of
the
thing purchased in providing the
telecommunications, mobile telecommunications, or satellite
broadcasting service.
(35)(a) Sales where the purpose of the consumer is to use
or
consume the things transferred in making retail sales and
consisting of newspaper inserts, catalogues, coupons, flyers,
gift
certificates, or other advertising material that
prices and
describes tangible personal property offered for retail sale.
(b) Sales to direct marketing vendors of preliminary
materials such as photographs, artwork, and typesetting that will
be used in printing advertising material; of printed matter that
offers free merchandise or chances to win sweepstake prizes and
that is mailed to potential customers with advertising material
described in division (B)(35)(a) of this section; and of
equipment
such as telephones, computers, facsimile machines, and
similar
tangible personal property primarily used to accept
orders for
direct marketing retail sales.
(c) Sales of automatic food vending machines that preserve
food with a shelf life of forty-five days or less by
refrigeration
and dispense it to the consumer.
For purposes of division (B)(35) of this section,
"direct
marketing" means the method of selling where consumers order
tangible personal property by United States mail, delivery
service, or telecommunication and the vendor delivers or ships
the
tangible personal property sold to the consumer from a
warehouse,
catalogue distribution center, or similar fulfillment
facility by
means of the United States mail, delivery service, or
common
carrier.
(36) Sales to a person engaged in the business of
horticulture or producing livestock of materials to be
incorporated into a horticulture structure or livestock
structure;
(37) Sales of personal computers, computer monitors,
computer
keyboards,
modems, and other peripheral computer
equipment to an
individual who is
licensed or certified to teach
in an elementary
or a secondary school in this
state for use by
that individual in
preparation for teaching elementary or
secondary school students;
(38) Sales to a professional racing team of any of the
following:
(a) Motor racing vehicles;
(b) Repair services for motor racing
vehicles;
(c) Items of property that are
attached to or incorporated
in
motor racing vehicles, including
engines, chassis, and all
other
components of the vehicles, and
all spare, replacement, and
rebuilt parts or components of the
vehicles; except not including
tires, consumable fluids, paint,
and accessories consisting of
instrumentation sensors and
related items added to the vehicle to
collect and transmit data
by means of telemetry and other forms of
communication.
(39) Sales of used manufactured homes and used mobile
homes,
as
defined in section 5739.0210 of the Revised Code, made on or
after
January 1, 2000;
(40) Sales of tangible personal property and services to
a
provider of electricity used or consumed directly and primarily in
generating, transmitting, or distributing electricity for use by
others,
including property that is or is to be incorporated into
and will become
a part of the consumer's production, transmission,
or distribution
system and that retains its classification as
tangible personal
property after incorporation; fuel or power used
in the
production, transmission, or distribution of electricity;
and
tangible personal property and services used in the repair and
maintenance of the production, transmission, or distribution
system, including only those motor vehicles as are specially
designed and equipped for such use. The exemption provided in
this
division shall be in lieu of all other exemptions in division
(B)(42)(a) of this section to
which a provider
of electricity may
otherwise be entitled based on the use of the
tangible
personal
property or service purchased in generating,
transmitting, or
distributing electricity.
(41) Sales to a person providing services under division
(B)(3)(r) of section 5739.01 of the Revised Code of tangible
personal property and services used directly and primarily in
providing taxable services under that section.
(42) Sales where the purpose of the purchaser is to do any of
the following:
(a) To incorporate the thing transferred as a material or a
part into tangible personal property to be produced for sale by
manufacturing, assembling, processing, or refining; or to use or
consume the thing transferred directly in producing tangible
personal property for sale by mining, including, without
limitation, the extraction from the earth of all substances that
are classed geologically as minerals, production of crude oil and
natural gas, farming, agriculture, horticulture, or floriculture,
or directly in the rendition of a public utility service, except
that the sales tax levied by this section shall be collected upon
all meals, drinks, and food for human consumption sold when
transporting persons. Persons engaged in rendering farming,
agricultural, horticultural, or floricultural services, and
services in the exploration for, and production of, crude oil and
natural gas, for others are deemed engaged directly in farming,
agriculture, horticulture, and floriculture, or exploration for,
and production of, crude oil and natural gas. This paragraph does
not exempt from "retail sale" or "sales at retail" the sale of
tangible personal property that is to be incorporated into a
structure or improvement to real property.
(b) To hold the thing transferred as security for the
performance of an obligation of the vendor;
(c) To resell, hold, use, or consume the thing transferred as
evidence of a contract of insurance;
(d) To use or consume the thing directly in commercial
fishing;
(e) To incorporate the thing transferred as a material or a
part into, or to use or consume the thing transferred directly in
the production of, magazines distributed as controlled circulation
publications;
(f) To use or consume the thing transferred in the production
and preparation in suitable condition for market and sale of
printed, imprinted, overprinted, lithographic, multilithic,
blueprinted, photostatic, or other productions or reproductions of
written or graphic matter;
(g) To use the thing transferred, as described in section
5739.011 of the Revised Code, primarily in a manufacturing
operation to produce tangible personal property for sale;
(h) To use the benefit of a warranty, maintenance or service
contract, or similar agreement, as described in division (B)(7) of
section 5739.01 of the Revised Code, to repair or maintain
tangible personal property, if all of the property that is the
subject of the warranty, contract, or agreement would not be
subject to the tax imposed by this section;
(i) To use the thing transferred as qualified research and
development equipment;
(j) To use or consume the thing transferred primarily in
storing, transporting, mailing, or otherwise handling purchased
sales inventory in a warehouse, distribution center, or similar
facility when the inventory is primarily distributed outside this
state to retail stores of the person who owns or controls the
warehouse, distribution center, or similar facility, to retail
stores of an affiliated group of which that person is a member, or
by means of direct marketing. This division does not apply to
motor vehicles registered for operation on the public highways. As
used in this division, "affiliated group" has the same meaning as
in division (B)(3)(e) of section 5739.01 of the Revised Code and
"direct marketing" has the same meaning as in division (B)(35) of
this section.
(k) To use or consume the thing transferred to fulfill a
contractual obligation incurred by a warrantor pursuant to a
warranty provided as a part of the price of the tangible personal
property sold or by a vendor of a warranty, maintenance or service
contract, or similar agreement the provision of which is defined
as a sale under division (B)(7) of section 5739.01 of the Revised
Code;
(l) To use or consume the thing transferred in the production
of a newspaper for distribution to the public;
(m) To use tangible personal property to perform a service
listed in division (B)(3) of section 5739.01 of the Revised Code,
if the property is or is to be permanently transferred to the
consumer of the service as an integral part of the performance of
the service;
(n) To use or consume the thing transferred in acquiring,
formatting, editing, storing, and disseminating data or
information by electronic publishing.
As used in division (B)(42) of this section, "thing" includes
all transactions included in divisions (B)(3)(a), (b), and (e) of
section 5739.01 of the Revised Code.
(43) Sales conducted through a coin operated device that
activates vacuum equipment or equipment that dispenses water,
whether or not in combination with soap or other cleaning agents
or wax, to the consumer for the consumer's use on the premises in
washing, cleaning, or waxing a motor vehicle, provided no other
personal property or personal service is provided as part of the
transaction.
(44) Sales of replacement and modification parts for engines,
airframes, instruments, and interiors in, and paint for, aircraft
used primarily in a fractional aircraft ownership program, and
sales of services for the repair, modification, and maintenance of
such aircraft, and machinery, equipment, and supplies primarily
used to provide those services.
(45) Sales of telecommunications service that is used
directly and primarily to perform the functions of a call center.
As used in this division, "call center" means any physical
location where telephone calls are placed or received in high
volume for the purpose of making sales, marketing, customer
service, technical support, or other specialized business
activity, and that employs at least fifty individuals that engage
in call center activities on a full-time basis, or sufficient
individuals to fill fifty full-time equivalent positions.
(46) Sales by a telecommunications service vendor of 900
service to a subscriber. This division does not apply to
information services, as defined in division (FF) of section
5739.01 of the Revised Code.
(47) Sales of value-added non-voice data service. This
division does not apply to any similar service that is not
otherwise a telecommunications service.
(48)(a) Sales of machinery, equipment, and software to a
qualified direct selling entity for use in a warehouse or
distribution center primarily for storing, transporting, or
otherwise handling inventory that is held for sale to independent
salespersons who operate as direct sellers and that is held
primarily for distribution outside this state;
(b) As used in division (B)(48)(a) of this section:
(i) "Direct seller" means a person selling consumer products
to individuals for personal or household use and not from a fixed
retail location, including selling such product at in-home product
demonstrations, parties, and other one-on-one selling.
(ii) "Qualified direct selling entity" means an entity
selling to direct sellers at the time the entity enters into a tax
credit agreement with the tax credit authority pursuant to section
122.17 of the Revised Code, provided that the agreement was
entered into on or after January 1, 2007. Neither contingencies
relevant to the granting of, nor later developments with respect
to, the tax credit shall impair the status of the qualified direct
selling entity under division (B)(48) of this section after
execution of the tax credit agreement by the tax credit authority.
(c) Division (B)(48) of this section is limited to machinery,
equipment, and software first stored, used, or consumed in this
state within the period commencing with the effective date of the
amendment of this section by the capital appropriations act of the
127th general
assembly June 24, 2008, and ending on the date that
is five years
after that
effective date.
(49) Sales of materials, parts, equipment, or engines used
in
the repair or maintenance of aircraft or avionics systems of
such
aircraft, and sales of repair, remodeling, replacement, or
maintenance
services at a federal aviation administration
certified repair
station in this state
performed on aircraft or
on an aircraft's avionics, engine, or component materials or
parts. As used in division (B)(49) of this section, "aircraft"
means aircraft of more than six thousand pounds maximum certified
takeoff weight or used exclusively in general aviation.
(50) Sales of full flight simulators that are used for
pilot
or flight-crew training, sales of repair or replacement parts or
components, and sales of repair or maintenance services for such
full flight simulators. "Full flight simulator" means a
replica
of a specific type, or make, model, and series of aircraft
cockpit.
It includes the assemblage of equipment and computer
programs
necessary to represent aircraft operations in ground and
flight
conditions, a visual system providing an
out-of-the-cockpit
view,
and a system that provides cues at
least equivalent to those
of a
three-degree-of-freedom motion
system, and has the full range
of
capabilities of the systems
installed in the device as
described
in appendices A and B of
part 60 of chapter 1 of title
14 of the
Code of Federal
Regulations.
(C) For the purpose of the proper administration of this
chapter,
and to prevent the evasion of the tax, it is presumed
that all
sales made in this state are subject to the tax until
the
contrary
is established.
(D) The levy of this tax on retail sales of recreation and
sports
club service shall not prevent a municipal corporation from
levying any tax on
recreation and sports club dues or on any
income generated by recreation and
sports club dues.
(E) The tax collected by the vendor from the consumer under
this chapter is not part of the price, but is a tax collection for
the benefit of the state, and of counties levying an additional
sales tax pursuant to section 5739.021 or 5739.026 of the Revised
Code and of transit authorities levying an additional sales tax
pursuant to section 5739.023 of the Revised Code. Except for the
discount authorized under section 5739.12 of the Revised Code and
the effects of any rounding pursuant to section 5703.055 of the
Revised Code, no person other than the state or such a county or
transit authority shall derive any benefit from the collection or
payment of the tax levied by this section or section 5739.021,
5739.023, or 5739.026 of the Revised Code.
Section 101.02. That existing sections 117.11, 133.20,
145.297,
717.02,
733.40, 1901.024, 1901.07, 1901.08, 1901.31,
1907.20,
2949.111, 3301.0715, 3302.04, 3302.10, 3313.97, 3314.03,
3326.17,
3333.375, 3375.49, 3375.50, 4513.35, 5111.89, 5111.891,
5111.894,
5709.75, and 5739.02 and sections 3375.48, 3375.51,
3375.52,
3375.53, 3375.54, 3375.55, and 3375.56 of the Revised
Code are
hereby repealed.
Section 101.03. That section 3375.49 of the Revised Code, as
amended by this act, is hereby repealed effective December 31,
2009.
Section 201.01. That Sections 309.30.50 and 309.30.53 of Am.
Sub.
H.B. 119 of the 127th General Assembly be amended to read as
follows:
Sec. 309.30.50. HOME FIRST PROGRAM - PASSPORT
(A) On a quarterly basis, on receipt of the certified
expenditures related to section 173.401 of the Revised Code, the
Director of Budget and Management shall do all of the following
for fiscal years 2008 and 2009:
(1) Transfer the state share of the amount of the actual
expenditures from GRF appropriation item 600-525, Health
Care/Medicaid, to GRF appropriation item 490-403, PASSPORT;
(2) Increase the appropriation in Ohio Department of Aging
Fund 3C4, appropriation item 490-607, PASSPORT, by the federal
share of the amount of the actual expenditures;
(3) Increase the appropriation in JFS Fund 3G5, appropriation
item 600-655, Interagency Reimbursement, by the federal share of
the amount of the actual expenditures.
The funds that the Director of Budget and Management
transfers and increases under this division are hereby
appropriated.
(B) The individuals placed in the PASSPORT program pursuant
to this section shall be in addition to the individuals placed in
the PASSPORT program during fiscal years 2008 and 2009 based on
the amount of money that is in GRF appropriation item 490-403,
PASSPORT; Fund 4J4, appropriation item 490-610,
PASSPORT/Residential State Supplement; Fund 4U9, appropriation
item 490-602, PASSPORT Fund; and Fund 3C4, appropriation item
490-607, PASSPORT, before any transfers to GRF appropriation item
490-403, PASSPORT, and Fund 3C4, appropriation item 490-607,
PASSPORT, are made under this section.
Sec. 309.30.53. HOME FIRST PROGRAM - RESIDENTIAL STATE
SUPPLEMENT TRANSFER
On a quarterly basis, on receipt of the certified residential
state supplement costs related to section 173.351 of the Revised
Code, the Director of Budget and Management shall do the
following:
(A) Transfer the state share of the amount of the estimated
costs from GRF appropriation item 600-525, Health Care/Medicaid,
to GRF appropriation item 490-412, Residential State Supplement;
(B) The Department of Aging may transfer cash by intrastate
transfer vouchers from the foregoing appropriation item 490-412,
Residential State Supplement, and 490-610, PASSPORT/Residential
State Supplement, to the Department of Job and Family Services
Fund 4J5, Home and Community-Based Services for the Aged Fund. The
funds shall be used to make benefit payments to Residential State
Supplement recipients.
The funds that the Director of Budget and Management
transfers and increases under this division are hereby
appropriated.
Section 201.02. That existing Sections 309.30.50 and
309.50.53
of
Am. Sub. H.B. 119 of the 127th General Assembly are
hereby
repealed.
Section 203.01. That Sections 201.60.20, 201.60.30,
301.40.10,
and 301.60.50 of H.B. 496 of the 127th General
Assembly be amended
to read as follows:
Sec. 201.60.20. DMH DEPARTMENT OF MENTAL HEALTH
STATEWIDE AND CENTRAL OFFICE PROJECTS
C58000 |
|
Hazardous Materials Abatement |
|
$ |
254,808 |
C58001 |
|
Community Assistance Projects |
|
$ |
5,196,466 4,696,466 |
C58002 |
|
Campus Consolidation - Automation |
|
$ |
318,720 |
C58004 |
|
Demolition |
|
$ |
661,655 |
C58005 |
|
Life Safety/Critical Plant Renovations |
|
$ |
65,729 |
C58006 |
|
Patient Care/Environment Improvement |
|
$ |
998,268 |
C58007 |
|
Infrastructure Renovations |
|
$ |
12,635,238 |
C58008 |
|
Emergency Improvements |
|
$ |
2,843,566 |
C58009 |
|
Patient Environment Improvement Consolidation |
|
$ |
176,853 |
C58010 |
|
Campus Consolidation |
|
$ |
8,664,798 |
Total Department of Mental Health |
|
$ |
31,816,101 31,316,101 |
Of the foregoing appropriation item C58001, Community
Assistance Projects, $500,000 shall be used for the Mayerson
Center, $350,000 shall be used for the Chabad House, $200,000
shall be used for the Talbert House, and $250,000 shall be used
for the Berea Children's Home.
The amount reappropriated for the foregoing appropriation
item C58001, Community Assistance Projects, is the unencumbered
unallotted balance, as of June 30, 2008, in appropriation item
C58001, Community Assistance Projects, minus $250,000.
Sec. 201.60.30. DMR DEPARTMENT OF MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES
STATEWIDE PROJECTS
C59000 |
|
Asbestos Abatement |
|
$ |
999,637 |
C59004 |
|
Community Assistance Projects |
|
$ |
1,202,040 |
C59019 |
|
North Olmsted Welcome House |
|
$ |
100,000 |
C59020 |
|
Kamp Dovetail Project at Rocky Fork Lake State Park |
|
$ |
100,000 |
C59022 |
|
Razing of Buildings |
|
$ |
80,595 |
C59024 |
|
Telecommunications Systems Improvement |
|
$ |
774,454 |
C59029 |
|
Emergency Generator Replacement |
|
$ |
1,049,606 |
C59034 |
|
Statewide Developmental Centers |
|
$ |
5,479,662 |
C59050 |
|
Emergency Improvements |
|
$ |
634,970 |
Total Statewide and Central Office Projects |
|
$ |
10,420,964 10,320,964 |
COMMUNITY ASSISTANCE PROJECTS
The foregoing appropriation item C59004, Community
Assistance
Projects, may be used to provide community assistance
funds for
the construction or renovation of facilities for day
programs or
residential programs that provide services to persons
eligible for
services from the Department of Mental Retardation
and
Developmental Disabilities or county boards of mental
retardation
and developmental disabilities. Any funds provided to
nonprofit
agencies for the
construction or renovation of
facilities for
persons eligible
for services from the Department
of Mental
Retardation and
Developmental Disabilities and county
boards of
mental
retardation and developmental disabilities are
subject to
the prevailing wage provisions in section 176.05 of
the
Revised
Code.
Notwithstanding any other provision of law to the contrary,
of the foregoing appropriation item C59004, Community Assistance
Projects, $75,000 shall be used for the Hanson Home.
STATEWIDE DEVELOPMENTAL CENTERS
CAMBRIDGE DEVELOPMENTAL CENTER
C59005 |
|
Residential Renovations - CAMDC |
|
$ |
41,398 |
C59023 |
|
HVAC Renovations - Residential Buildings |
|
$ |
1,000 |
C59025 |
|
Cambridge HVAC Upgrade - Activity Center |
|
$ |
3,538 |
C59046 |
|
Utility Upgrade Centerwide |
|
$ |
5,960 |
Total Cambridge Developmental Center |
|
$ |
51,896 |
COLUMBUS DEVELOPMENTAL CENTER
C59036 |
|
Columbus Developmental Center |
|
$ |
8,162 |
Total Columbus Developmental Center |
|
$ |
8,162 |
GALLIPOLIS DEVELOPMENTAL CENTER
C59027 |
|
HVAC Replacements |
|
$ |
4,873 |
C59037 |
|
Gallipolis Developmental Center |
|
$ |
21,849 |
Total Gallipolis Developmental Center |
|
$ |
26,722 |
MONTGOMERY DEVELOPMENTAL CENTER
C59038 |
|
Montgomery Developmental Center |
|
$ |
43,634 |
Total Montgomery Developmental Center |
|
$ |
43,634 |
MOUNT VERNON DEVELOPMENTAL CENTER
C59039 |
|
Mount Vernon Developmental Center |
|
$ |
160,353 |
Total Mount Vernon Developmental Center |
|
$ |
160,353 |
NORTHWEST OHIO DEVELOPMENTAL CENTER
C59030 |
|
Replace Chiller |
|
$ |
8,535 |
C59040 |
|
Northwest Ohio Developmental Center |
|
$ |
11,171 |
Total Northwest Ohio Developmental Center |
|
$ |
19,706 |
SOUTHWEST OHIO DEVELOPMENTAL CENTER
C59016 |
|
Residential Renovation - HVAC Upgrade |
|
$ |
23,075 |
C59041 |
|
Southwest Ohio Developmental Center |
|
$ |
14,566 |
C59048 |
|
Renovation Program and Support Services Building |
|
$ |
3,900 |
Total Southwest Ohio Developmental Center |
|
$ |
41,541 |
TIFFIN DEVELOPMENTAL CENTER
C59026 |
|
Roof and Exterior Renovations |
|
$ |
19,666 |
C59043 |
|
Tiffin Developmental Center |
|
$ |
20,696 |
Total Tiffin Developmental Center |
|
$ |
40,362 |
WARRENSVILLE DEVELOPMENTAL CENTER
C59017 |
|
Residential Renovations - WDC |
|
$ |
5,057 |
C59021 |
|
Water Line Replacement - WDC |
|
$ |
16,267 |
C59031 |
|
ADA Compliance - WDC |
|
$ |
3,628 |
C59044 |
|
Warrensville Developmental Center |
|
$ |
29,860 |
Total Warrensville Developmental Center |
|
$ |
54,812 |
YOUNGSTOWN DEVELOPMENTAL CENTER
C59045 |
|
Youngstown Developmental Center |
|
$ |
24,400 |
Total Youngstown Developmental Center |
|
$ |
24,400 |
TOTAL Department of Mental Retardation |
|
|
|
and Developmental Disabilities |
|
$ |
10,892,552 10,792,552 |
TOTAL Mental Health Facilities Improvement Fund |
|
$ |
43,684,415 43,084,415 |
Sec. 301.40.10. CTC CINCINNATI STATE TECHNICAL AND
COMMUNITY
COLLEGE
C36100 |
|
Interior Renovations |
|
$ |
2,258 |
C36101 |
|
Basic Renovations |
|
$ |
4,771 |
C36102 |
|
Health Professions Building Planning |
|
$ |
1,468 |
C36103 |
|
Instructional and Data Processing Equipment |
|
$ |
344,030 |
C36109 |
|
Brick Repair and Weatherproofing |
|
$ |
225,359 |
C36110 |
|
Energy Management-Motor Replacement |
|
$ |
377,899 |
C36111 |
|
Roof Replacement |
|
$ |
661,573 |
C36112 |
|
Neighborhood Health Care |
|
$ |
175,000 |
C36113 |
|
Freestore Foodbank |
|
$ |
500,000 |
C36122 |
|
Mayerson Center |
|
$ |
500,000 |
Total Cincinnati State Community College |
|
$ |
2,292,358 2,792,358 |
Sec. 301.60.50. STC STARK TECHNICAL COLLEGE
C38900 |
|
Basic Renovations |
|
$ |
374,496 |
C38901 |
|
Instructional and Data Processing Equipment |
|
$ |
22,356 |
C38903 |
|
Timken Regional Campus Technology Project |
|
$ |
219,659 |
C38912 |
|
Health and Science Building |
|
$ |
4,814,648 |
Total Stark Technical College |
$ |
5,431,159 |
TOTAL Higher Education Improvement Fund |
|
$ |
828,056,976 828,556,976 |
Section 203.02. That existing Sections 201.60.20, 201.60.30,
301.40.10, and 301.60.50 of H.B. 496 of the 127th General Assembly
are hereby repealed.
Section 205.01. That Sections 231.10.20, 231.20.30,
233.30.40, and
233.40.10 of Am. Sub. H.B. 562 of the 127th
General Assembly be
amended to read as follows:
Sec. 231.10.20. DMH DEPARTMENT OF MENTAL HEALTH
C58000 |
|
Hazardous Material Abatement |
|
$ |
500,000 |
C58001 |
|
Community Assistance Projects |
|
$ |
9,160,000 9,410,000 |
C58006 |
|
Patient Care Environment Improvement |
|
$ |
3,700,000 |
C58007 |
|
Infrastructure Improvements |
|
$ |
4,600,000 |
C58010 |
|
Campus Consolidation |
|
$ |
83,700,000 |
C58017 |
|
Bellefaire Jewish Children's Bureau |
|
$ |
400,000 |
C58018 |
|
Safety and Security Improvements |
|
$ |
1,460,000 |
C58019 |
|
Energy Conservation Projects |
|
$ |
750,000 |
C58020 |
|
Mandel Jewish Community Center |
|
$ |
210,000 |
C58021 |
|
Providence House |
|
$ |
200,000 |
Total Department of Mental Health |
|
$ |
104,680,000 104,930,000 |
COMMUNITY ASSISTANCE PROJECTS
Of the foregoing appropriation item C58001, Community
Assistance Projects, $260,000 shall be used for the Christian
Children's Home,
$200,000 shall be used for the Michael's House
Child Advocacy
Center, $100,000 shall be used for the Children's
Home of
Cincinnati, $100,000 shall be used for the Achievement
Centers for
Children, $100,000 shall be used for the Shaw JCC,
$100,000 shall
be used for Someplace Safe, $250,000 shall be used
for Magnolia Clubhouse, and $300,000 shall be
used
for the
Berea Children's Home.
Sec. 231.20.30. DMR DEPARTMENT OF MENTAL RETARDATION AND
DEVELOPMENTAL DISABILITIES
STATEWIDE AND CENTRAL OFFICE PROJECTS
C59004 |
|
Community Assistance Projects |
|
$ |
13,301,537 13,551,537 |
C59022 |
|
Razing of Buildings |
|
$ |
200,000 |
C59024 |
|
Telecommunications |
|
$ |
400,000 |
C59029 |
|
Generator Replacement |
|
$ |
1,000,000 |
C59034 |
|
Statewide Developmental Centers |
|
$ |
4,294,237 |
C59050 |
|
Emergency Improvements |
|
$ |
500,000 |
C59051 |
|
Energy Conservation |
|
$ |
500,000 |
C59052 |
|
Guernsey County MRDD Boiler Replacement |
|
$ |
275,000 |
C59053 |
|
Magnolia Clubhouse |
|
$ |
250,000 |
C59054 |
|
Recreation Unlimited Life Center - Delaware |
|
$ |
150,000 |
C59055 |
|
Camp McKinley Improvements |
|
$ |
30,000 |
C59056 |
|
The Hope Learning Center |
|
$ |
250,000 |
C59057 |
|
North Olmstead Welcome House |
|
$ |
150,000 |
Total Statewide and Central Office Projects |
|
$ |
21,300,774 21,150,774 |
TOTAL Department of Mental Retardation and Developmental Disabilities |
|
$ |
21,300,774 21,150,774 |
TOTAL Mental Health Facilities Improvement Fund |
|
$ |
127,330,774 127,630,774 |
COMMUNITY ASSISTANCE PROJECTS
The foregoing appropriation item C59004, Community
Assistance
Projects, may be used to provide community assistance
funds for
the development, purchase, construction, or renovation
of
facilities for day
programs or residential programs that
provide
services to persons
eligible for services from the
Department of
Mental Retardation
and Developmental Disabilities or
county boards
of mental
retardation and developmental
disabilities. Any funds
provided to
nonprofit
agencies for the
construction or renovation
of
facilities for
persons eligible
for
services from the
Department
of Mental
Retardation and
Developmental Disabilities
and county
boards of
mental
retardation
and developmental
disabilities shall
be
governed by
the prevailing
wage provisions
in section 176.05 of
the Revised
Code.
Of the foregoing appropriation item C59004, Community
Assistance Projects, $250,000 shall be used for North Olmsted
Welcome House. Notwithstanding any provision of law to the
contrary, North Olmsted Welcome House is not subject to the
requirements of Chapter 153. of the Revised Code.
Sec. 233.30.40. UCN UNIVERSITY OF CINCINNATI
C26500 |
|
Basic Renovations |
|
$ |
10,720,621 |
C26501 |
|
Basic Renovations - Clermont |
|
$ |
326,112 |
C26502 |
|
Raymond Walters Renovations |
|
$ |
501,195 |
C26530 |
|
Medical Science Building Renovation & Expansion |
|
$ |
26,412,509 |
C26607 |
|
Consolidated Communication Project of Clermont County |
|
$ |
475,000 |
C26612 |
|
Clermont Renovations |
|
$ |
751,132 |
C26613 |
|
New Building |
|
$ |
1,582,233 |
C26614 |
|
Barrett Cancer Center |
|
$ |
1,500,000 |
C26615 |
|
Beech Acres |
|
$ |
125,000 |
C26616 |
|
Forest Park Homeland Security Facility |
|
$ |
50,000 |
C26617 |
|
Health Care Connection - Lincoln Heights |
|
$ |
150,000 |
C26618 |
|
People Working Cooperatively |
|
$ |
120,000 |
C26619 |
|
Sharonville Convention Center |
|
$ |
950,000 |
C26620 |
|
Society for the Prevention of Cruelty to Animals - Facility |
|
$ |
100,000 |
C26621 |
|
Mayerson Center |
|
$ |
200,000 |
Total University of Cincinnati |
|
$ |
43,963,802 43,763,802 |
Sec. 233.40.10. CTC CINCINNATI STATE COMMUNITY COLLEGE
C36101 |
|
Basic Renovations |
|
$ |
1,255,923 |
C36107 |
|
Classroom Upgrade Project |
|
$ |
270,000 |
C36113 |
|
Freestore Food Bank |
|
$ |
100,000 |
C36114 |
|
Lot C Parking Lot |
|
$ |
250,000 |
C36115 |
|
Ceiling Replacement |
|
$ |
75,000 |
C36116 |
|
Electrical Surge Protection |
|
$ |
100,000 |
C36117 |
|
Campus Signage |
|
$ |
75,000 |
C36118 |
|
Window and Garage Doors |
|
$ |
175,659 |
C36119 |
|
Window Replacement |
|
$ |
100,000 |
C36120 |
|
Blue Ash City Conference Center |
|
$ |
150,000 |
C36121 |
|
Hebrew Union College Archives |
|
$ |
185,000 |
C36122 |
|
Mayerson Center |
|
$ |
200,000 |
Total Cincinnati State Community College |
|
$ |
2,736,582 2,936,582 |
Section 205.02. That existing Sections 231.10.20, 231.20.30,
233.30.40, and 233.40.10 of Am. Sub. H.B. 562 of the 127th General
Assembly are hereby repealed.
Section 207.01. That Section 525.10 of Am. Sub. H.B. 699 of
the
126th General Assembly be amended to read as follows:
Sec. 525.10. (A) Pursuant to section 5911.10 of the
Revised
Code, the Governor is hereby authorized to execute a deed
in the
name of the state conveying to a buyer or buyers to be
determined
in the manner provided in division (C) of this section,
and the
buyer's or buyers' successors and assigns or heirs and
assigns,
all of the state's right, title, and interest in the
following
described parcels of real estate that the Adjutant
General has
determined are no longer required for armory or
military
purposes:
Ashtabula Township. Ashtabula County. State of Ohio
Situated in Ashtabula Township, Ashtabula County, State of Ohio:
Known as being part of the Holmes Tract, and more particularly
described as follows:
Being a parcel of land lying on the left side of the centerline of
survey for State Route 46, Section 27.06, Ashtabula County, Ohio,
made by the Ohio State Department of Highways, and bounded and
described as follows:
Beginning at a point on grantor's southerly property line 165 feet
left of station 1426/04.53; thence northwesterly to a point 160
feet left of station 1429/00; thence continuing northwesterly
parallel with the centerline of survey to a point 160 feet left of
station 1434/00; Thence westerly to a point 175 feet left of
station 1434/79.63; thence westerly to a point 184 feet left of
station 1435/09, said point being in the centerline of County
Highway No. 25 also known as State Road; thence south 0 degrees
16', west along the centerline of State Road a distance of 290
feet to the southwest corner of land conveyed to grantor by
Theodore E. Warren, Trustee, in deed dated January 2, 1952 and
recorded in the deed records of Ashtabula County in deed record
book 469, page 520; thence south 89 degrees 34' east along
grantor's south property line a distance of 532 feet to an iron
pin; thence south 0 degrees 16' west 140.24 feet to an iron pin;
thence south 89 degrees 34' east a distance of 264 feet to the
point of beginning; and containing 2.21 acres, more or less.
Known as lands of the State of Ohio (armory property) located in
the Holmes Tract, Ashtabula Township, (Ashtabula County, State of
Ohio), and further described as follows:
BEGINNING at a point in the centerline of State Road where it
intersects with the north right-of-way line of State Route 11;
Course 1: thence NORTH 00°28'38" EAST along the centerline of
State Road, 280.47 feet to the southwest corner of the Advance
Land & Development Plat, as recorded in Plat Book 7, Page 50 of
the Ashtabula County Record of Plats;
Course 2: thence SOUTH 89°14'22" EAST along the south line of said
plat, 1027.77 feet to an iron pin (passing through a stone
monument in the east line of State Road);
Course 3: thence SOUTH 01°17'38" WEST, 828.11 feet to an iron pin
in the north right-of-way line of State Route 11;
Course 4: thence along the following courses and along the north
line of State Route 11 (a limited access highway);
Course 5: thence NORTH 60°07'05" WEST 134.62 feet;
Course 6: thence NORTH 60°33'58" WEST, 639.52 feet;
Course 7: thence NORTH 64°19'13" WEST, 341.17 feet;
Course 8: thence NORTH 43°23'19" WEST 43.89 feet to the Place of
Beginning and containing 13.0054 acres.
This description may be modified to a final form if modifications
are needed to meet recordation standards in Ashtabula County,
Ohio.
Parcel Number: 03-015-00-003-00
Prior Deed Reference: 46-5630
Situate Situated in the City of Columbus, Franklin County, State
of Ohio,
and being more fully described as follows:
Said parcel being a part of 80.202 acres acquired from the
Columbus and Southern Ohio Electric Company, December 7, 1951, and
being recorded in Franklin County, Volume 1704, Page 153.
Beginning at an iron pin located at the intersection of the east
right-of-way of Hiawatha Park Place and the north property line of
the Ohio State Fairgrounds and the east right-of-way of the North
Freeway, thence north 86 degrees 43'17" east 737.59 feet along the
north property line of the Ohio State Fairgrounds to a point,
thence south 3 degrees 12'14" west 50 feet to a point, thence
south 86 degrees 43'17" east 50 feet to a point, thence north 3
degrees 12'14" east 50 feet to a point in the north property line
of the Ohio State Fairgrounds, thence south 86 degrees 43'17" east
17.46 feet to the northeast corner of the Ohio State Fairgrounds,
thence south 3 degrees 12'14" west 1145.00 feet along the east
property line of the Ohio State Fairgrounds to a point at the
intersection of the east right-of-way of the north freeway, thence
south 25 degrees 55'03" east 695.94 feet along the east
right-of-way of the North Freeway to a point. Thence south 37
degrees
46'42" east 712.00 feet to the point of beginning
containing 9.42
acres, more of or less.
Situated in the state State of Ohio, county County of Knox, City
of Mount
Vernon and more particularly described as being Lots
number Three
Hundred Ninety (390), Three Hundred Ninety-One (391)
and ten feet
of the east side of Lot Number Four Hundred Seven
(407), in
Trimble's Addition to Mount Vernon, County of Knox and
the State
of Ohio, as the same are marked on the Plat of said
Addition in
the Recorder's Office of Knox County, Ohio, in J
Book, Volume J,
page Pages 123-124.
Situated in the State of Ohio, County of Clark, Township of
Springfield, and described as follows:
Being part of the northwest quarter of Section 3. Township 5,
Range 9, and part of the northeast quarter of Section 9, Township
5, Range 9, between the Miami Rivers Survey. Beginning at a point
in the center line of the Laybourne Road, north 85 degrees 27'
west 370.0 feet from the intersection of said centerline with the
center line of State Route 70 (Springfield and Washington C.H.
Road); thence with the center line of the Laybourne Road, north 85
degrees 57" west, 650.0 feet; thence north 29 degrees 46' east,
248.63 feet to a pipe; thence south 80 degrees 332' east 423.24
feet to the place of beginning, containing 3.20 acres.
And, also to use the following described premises in conjunction
with the grantors herein and under the following terms as are
agreed to by the State of Ohio and the Clark County Fair Board.
Beginning at the intersection of the center lines of the Laybourne
Road and State Route 70; thence with the center line of the
Laybourne Road, north 85 degrees 57' west, 370.0 feet; thence
north 35 degrees 33 west 432.24 feet to a pipe; thence north 80
degrees 33' west 134.22 feet to a pipe; thence north 54 degrees
27' east, 380.0 feet; thence with the center line of State Route
70, south 35 degrees 33' east 754.0 feet to the place of
beginning, containing 4.27 acres.
The following described property situated in the State of Ohio,
County of Champagne Champaign:
Being part of the Southwest Quarter of Section 19, Town 5, Range
12, in Salem Township and bonded and described as follows:
Beginning at a point in the East line of the Southwest Quarter of
said Section 19. said point being 1044.46 feet, North 7 degrees 5
minutes East, from the Southeast corner of the said Southwest
Quarter of Section 19, Town 5, Range 12; thence North 84 degrees
56 minutes West, 875 feet to a stake; thence South 7 degrees 5
minutes West 225 feet to a stake; thence North 84 degrees 56
minutes West, 425.10 feet to a stake; thence North 67 degrees 5
minutes East, 245 feet to a stake; thence South 84 degrees 56
minutes East, 1300.1 feet to a point in the East line of the said
Southwest Quarter of Section 19; thence South 7 degrees 5 minutes
West, along the East line of the said Southwest Quarter of Section
19, 20 feet to the place of beginning, a total area of 2.791
acres. Subject to the rights of the Department of Highways of the
State of Ohio for highway purposes in and to 120.53 feet taken by
parallel lines off the entire East end of the above described
tract and subject also to the rights of the City of Urbana for
highway purposes in and to approximately 79.47 feet off the West
end of 200 feet taken by parallel lines off the entire East end of
the above described tract.
(B) At the request of the Adjutant General, the Director of
Administrative Services, pursuant to the procedures described in
division (C) of this section, shall assist in the sale of any of
the parcels described in division (A) of this section.
(C) The Adjutant General shall appraise the parcels described
in division (A) of this section or have them appraised by one of
more disinterested persons for a fee to be determined by the
Adjutant General, and shall offer the parcels for sale as follows:
(1) The Adjutant General first shall offer a parcel for sale
at its appraised value to the municipal corporation or township in
which it is located.
(2) If, after sixty days, the municipal corporation or
township has not accepted the offer to purchase the parcel at its
appraised value or has accepted the offer but has failed to
complete the purchase, the Adjutant General shall offer the parcel
for sale at its appraised value to the county in which it is
located.
(3) If, after sixty days, the county has not accepted the
offer to purchase the parcel at its appraised value or has
accepted the offer but has failed to complete the purchase, a
public auction shall be held, and the parcel shall be sold to the
highest bidder at a price acceptable to the Adjutant General. The
Adjutant General may reject any and all bids for any reason
whatsoever.
The Adjutant General shall advertise each public auction in a
newspaper of general circulation within the county in which the
parcel is located, once a week for two consecutive weeks before
the date of the auction.
The terms of sale of a parcel at a public auction shall be
payment of ten per cent of the purchase price, as bid by the
highest bidder, in cash, bank draft, or certified check on the
date of sale, with the balance payable within sixty days after the
date of sale. A purchaser who does not timely complete the
conditions of the sale as prescribed in this section shall forfeit
to the state the ten per cent of the purchase price paid on the
date of the sale as liquidated damages.
If the purchase is not completed and the sale is voided, the
Adjutant General may sell the parcel to the second highest bidder
at the public auction held pursuant to this section.
(D) Advertising costs, appraisal fees, and other costs of the
sale of the parcels described in division (A) of this section
shall be paid by the Adjutant General's Department.
(E) Upon the payment of ten per cent of the purchase price of
a parcel described in division (A) of this section in accordance
with division (C)(3) of this section, or upon notice from the
Adjutant General's Department that a parcel of real estate
described in division (A) of this section has been sold to a
municipal corporation, township, or county in accordance with
division (C) of this section, a deed shall be prepared for that
parcel by the Auditor of State, with the assistance of the
Attorney General, be executed by the Governor, countersigned by
the Secretary of State, sealed with the Great Seal of the State,
and presented for recording in the Office of the Auditor of State.
Upon the grantee's payment of the balance of the purchase price,
the deed shall be delivered to the grantee. The grantee shall
present the deed for recording in the office of the county
recorder of the county in which the parcel is located.
(F) The net proceeds of the sales of the parcels described in
division (A) of this section shall be deposited in the State
Treasury to the credit of the Armory Improvements Fund pursuant to
section 5911.10 of the Revised Code.
(G) If a parcel of real estate described in division (A) of
this section is sold to a municipal corporation, township, or
county and that political subdivision sells that parcel within two
years after its purchase, the political subdivision shall pay to
the state, for deposit in the state treasury to the credit of the
Armory Improvements Fund pursuant to section 5911.10 of the
Revised Code, an amount representing one-half of any net profit
derived from that subsequent sale. The net profit shall be
computed by first subtracting the price at which the political
subdivision bought the parcel from the price at which the
political subdivision sold the parcel, and then subtracting from
that remainder the amount of any expenditures the political
subdivision made for improvements to the parcel.
(H) This section expires five years after its effective date.
Section 207.02. That existing Section 525.10 of Am. Sub. H.B.
699
of the 126th General Assembly is hereby repealed.
Section 301. (A) This section applies to any school
district
that meets all of the following conditions:
(1) The district received approval from the Controlling Board
for a classroom facilities project under sections 3318.01 to
3318.20 of the Revised Code after July 1, 2007, and prior to June
24, 2008, and the project had not been completed as of the
effective date of this section.
(2) Within one year after the date the Controlling Board
approved the project described in division (A)(1) of this section,
the district's electors approved a bond issue to pay the
district's portion of the basic project cost or the district board
of education complied with section 3318.052 of the Revised Code.
(3) The district previously received classroom facilities
assistance under sections 3318.01 to 3318.20 or section 3318.37 of
the Revised Code within the twenty-year period prior to the date
the Controlling Board approved the project described in division
(A)(1) of this section.
(B) Notwithstanding anything to the contrary in section
3318.032 of the Revised Code, for each school district to which
this section applies, the Ohio School Facilities Commission shall
recalculate the district's portion of the basic project cost for
the project described in division (A)(1) of this section in
accordance with division (D) of section 3318.032 of the Revised
Code. In making the calculation, the Commission shall use data for
the district that was current at the time the Controlling Board
approved the project and shall not use any updated data. If the
calculation produces a lesser amount than the
district's portion
of the basic project cost as previously
calculated under section
3318.032 of the Revised Code, the amount
calculated under this
division shall be the district's new portion
of the basic project
cost. In that case, the Commission shall
revise the agreement
entered into under section 3318.08 of the
Revised Code to reflect
the district's portion of the basic
project cost as determined
under this division.
Section 303. Notwithstanding sections 101.02 and 101.27 of
the Revised Code, during calendar years 2009 and 2010, the members
of the Senate elected president, president pro tempore, majority
floor leader, majority whip, minority leader, assistant minority
leader, minority whip, and assistant minority whip shall receive
salary payments equal to the amounts paid under section 101.27 of
the Revised Code to the members of the House of Representatives
elected speaker, speaker pro tempore, majority floor leader,
assistant
majority floor leader, minority leader, assistant
minority leader,
minority whip, and assistant minority whip,
respectively.
Section 305. HOME FIRST PROGRAM - ASSISTED LIVING
On a quarterly basis, on receipt of the certified assisted
living costs related to section 5111.894 of the Revised Code, the
Director of Budget and Management may do the following:
(A) Transfer the state share of the amount of the estimated
costs from GRF appropriation item 600525, Health Care/Medicaid, to
GRF appropriation item 490422, Assisted Living Waiver;
(B) Increase the appropriation in Fund 3C40, appropriation
item 490622, Assisted Living - Federal, by the federal share of
the amount of the actual expenditures; and
(C) Increase the appropriation in Fund 3G50, appropriation
item 600655, Interagency Reimbursement, by the federal share of
the amount of actual expenditures.
The funds that the Director of Budget and Management
transfers and increases under this division are hereby
appropriated.
Section 307. (A) The Task Force on Law Library
Associations
created pursuant to Section 503.06 of Am. Sub. H.B.
66 of the
126th General Assembly is hereby reconstituted. The
appointing
authority shall fill any vacancies on the
reconstituted Task
Force.
(B) The Task Force shall help educate the county law library
resources boards with regards to the new structure and
organization of county law libraries, facilitate the establishment
of the county law library resources boards,
including the
transition of the management of county law
libraries from the law
library associations to the county law
library
resources boards,
and monitor the necessary and proper expenditure of the county law
library resources fund, as
provided for in section 307.514 of the
Revised Code.
(C) The Task Force shall submit a final report to the Speaker
and Minority Leader of the House of Representatives and the
President and Minority Leader of the Senate by December 31, 2011.
Upon submission of its report, the Task Force shall cease to
exist.
(D) Sections 101.82 to 101.87 of the Revised Code do not
apply to the Task Force.
Section 309. (A) On or before January 1, 2010, a law
library
association shall transfer both of the following to the
county
law
library resources board in the county in which the law
library
association is located:
(1) All unspent fines and penalties in the law library's
general fund and retained moneys fund collected pursuant to
sections 3375.50 to 3375.53 of the Revised Code, as amended or
repealed by this act;
(2) All personal property that the law library association
can reasonably identify as having been purchased by the fines and
penalties in the law library's general fund or retained moneys
fund collected pursuant to sections 3375.50 to 3375.53 of the
Revised Code, as amended or repealed by this act.
(B) The law library association shall retain all dedicated
moneys or personal property that were not purchased with the fines
and penalties in the law library's general revenue fund or
retained moneys fund.
Section 311. With respect to a person employed by a law
library
association referred to in section 3375.48 of the Revised
Code, as repealed by this act,
immediately preceding the
effective date of this section and
upon
that person's employment
by a county law library resources
board,
the board shall use the
following methods for determining
the
employee's vacation
accrual rate and credit for accrued but
unused
vacation leave
and sick leave:
(A) For the librarian and assistant librarians who received
compensation pursuant to section 3375.49 of the Revised Code, as
amended and repealed by this act, and
were paid upon warrant of
the county auditor, the county law
library resources board shall
do all of the following:
(1) Credit to the employee accrued but unused sick leave
acquired during service with the law library association as if the
employee were transferring from one public agency to another
public agency pursuant to section 124.38 of the Revised Code;
(2) Consider all of the employee's prior service with the law
library association as service with the county for purposes of
determining years of service pursuant to section 325.19 of the
Revised Code;
(3) One of the following:
(a) Compensate the employee for accrued but unused vacation
leave acquired during service with the law library association at
the employee's final rate of pay while employed by the
association, except that this compensation of vacation leave shall
not exceed the vacation leave a county employee is permitted to
earn and accumulate under section 325.19 of the Revised Code;
(b) Credit to the employee accrued but unused vacation leave
acquired during service with the law library association, except
that this credited vacation leave shall not exceed the vacation
leave a county employee is permitted to earn and accumulate under
section 325.19 of the Revised Code.
(B) For all employees of the law library association not
specified in division (A) of this section, the county law library
resources board may do either of the following by resolution:
(1) Credit to the employee all or any part of accrued but
unused sick leave acquired during service with the law library
association as if the employee were transferring from one public
agency to another public agency pursuant to section 124.38 of the
Revised Code;
(2) Consider all or any part of the employee's prior service
with the law library association as service with the county for
purposes of determining years of service pursuant to section
325.19 of the Revised Code.
(C) Any resolution the law library resources board adopts
pursuant to division (B) of this section shall not be effective if
the board of county commissioners rejects the resolution within
thirty days of receiving the resolution.
Section 313. (A) The Ohio General Assembly finds that the
effectiveness of state programs can be evaluated better if
relevant information is collected throughout the programs'
implementation and that the citizens of Ohio will benefit from
useful data about state programs becoming available for public
policy research. In response to these findings, there is hereby
created the Governor's Policy Information Working Group to
consider and
recommend policies and procedures that may be
adopted by state
agencies regarding the identification and
collection of program
information and its dissemination to the
public. Such policies and
procedures shall include, but are not
limited to, the manner in
which program information is to be
collected and retained during
the implementation of a program and
policies to ensure that
program information can be easily
accessed by the public.
(B) The Working Group shall consist of the following
members,
as
well as additional members appointed as provided in division
(C)
of this section:
(1) The Director of Administrative Services, or the
Director's designee;
(2) The Director of Aging, or the Director's designee;
(3) The Director of Agriculture, or the Director's designee;
(4) The Chancellor of the Board of Regents, or the
Chancellor's designee;
(5) The Director of Budget and Management, or the Director's
designee;
(6) The Director of Commerce, or the Director's designee;
(7) The Director of Development, or the Director's designee;
(8) The Director of Environmental Protection, or the
Director's designee;
(9) The Director of Health, or the Director's designee;
(10) The Director of Job and Family Services, or the
Director's designee;
(11) The Director of Mental Health, or the Director's
designee;
(12) The Director of Public Safety, or the Director's
designee;
(13) The Director of Rehabilitation and Correction, or the
Director's designee;
(14) The Tax Commissioner, or the Tax Commissioner's
designee;
(15) The Director of Transportation, or the Director's
designee;
(16) The Governor, or the Governor's designee.
(C) The Working Group may appoint additional members as
deemed necessary and useful by the Working Group.
(D) The Working Group shall convene for its inaugural meeting
within sixty days of the effective date of this section as
summoned by the Governor. The Director of Budget and Management
and the Tax Commissioner, or their designees, shall serve as
co-chairpersons of the Working Group. Commencing with fiscal year
2010, the Working Group shall meet not less than four times per
fiscal year.
(E) Not later than December 1, 2009, the Working Group shall
deliver an interim report of its activities, findings, and
recommendations to the Speaker of the House of Representatives,
the Minority Leader of the House of Representatives, the President
of the Senate, the Minority Leader of the Senate, and the
Governor. In addition, the Working Group
shall deliver, on the
first day of August in 2010
and 2011, an annual report to the
Speaker of the House of Representatives,
the Minority Leader of
the House of Representatives, the President
of the Senate, the
Minority Leader of the Senate, and the
Governor. The annual
report shall summarize the activities, findings, and
recommendations of the Working Group for the previous fiscal year,
except that the August 2010 annual report shall incorporate the
portion of the interim report addressing fiscal year 2010.
The
Working Group shall cease to exist after making its report in
2011.
Section 401. (A) The Governor is hereby authorized to
execute a deed in the name of the state conveying to the
Williamsburg Local School District, Clermont County, State of
Ohio, and its successors and assigns, all of the state's right,
title, and interest in the following described real estate:
Situated in the State of Ohio, Clermont County, Williamsburg
Township and in Daniel DeBenneville's Military Survey #2810 of the
Virginia Military District, more particularly described as
follows:
Beginning at an iron pin in the northwest right-of-way line
of Old State Route #32, said pin being in the south patent line of
said Daniel DeBenneville's Military Survey #2810, North 54 deg. 39
min. 36 sec. West, 52.05 feet from the intersection of said patent
line with the centerline of said Old State Route #32;
thence, leaving said old State Route #32 with said patent
line, North 54 deg. 39 min. 36 sec. West, 781.22 feet to an iron
pipe;
thence, leaving said patent line, North 35 deg. 12 min. 55
sec. East, 119.89 feet to an iron pin;
thence, North 25 deg. 54 min. 05 sec. East, 505.23 feet to an
iron pipe;
thence, South 59 deg. 03 min. 27 sec. East, 86.43 feet to a
fence corner post;
thence, North 32 deg. 05 min. 00 sec. East, 722.19 feet to a
fence corner post;
thence South 57 deg. 20 min. 07 sec. East, 433.76 feet to a
fence corner post;
thence, North 32 deg. 55 min. 52 sec. East, 169.16 feet to a
fence corner post;
thence, South 57 deg. 04 min. 46 sec. East, 838.80 feet to an
iron pipe;
thence, South 27 deg. 51 min. 07 sec. West, 344.31 feet to an
iron pin in said northwest right-of-way of old State Route #32;
thence with said right-of-way, North 70 deg. 10 min. 11 sec.
West, 2.33 feet to an iron pin;
thence, still with said right-of-way, South 16 deg. 24 min.
50 sec. West, 11.64 feet to an iron pin;
thence, leaving said right-of-way, south 27 deg. 51 min. 07
sec. West, 93.99 feet to an iron pin;
thence, South 32 deg. 32 min. 15 sec. West, 129.20 feet to an
iron pin in said northwest right-of-way;
thence, with said right-of-way for the next four courses,
with a curve to the right said curve having a radius of 2794.79
feet, a chord bearing South 59 deg. 41 min. 23 sec. West, 699.44
feet, and an arc length of 701.28 feet to an iron pin;
thence South 82 deg. 18 min. 43 sec. West, 100.28 feet to an
iron pin;
thence, South 55 deg. 09 min. 18 sec. West, 202.84 feet to an
iron pin;
thence, with a curve to the right, said curve having a radius
of 2824.79 feet, a chord bearing South 74 deg. 09 min. 55 sec.
West, 126.92 feet, and an arc length of 126.94 feet to the
beginning, CONTAINING 39.274 acres of land;
subject to all legal highways and easements.
The above description is taken from and in accordance with a
survey and plat dated July 23, 1979 by Robert W. Piper, P.S., Ohio
Reg. #S5964. LAST DEED REFERENCE: Volume 641, Page 68, Clermont
County, Ohio Deed Records.
(B) Consideration for conveyance of the real estate described
in division (A) of this section is the purchase price of ten
dollars. This property was originally conveyed from Ronald H.
Stern, Trustee, on behalf of the Williamsburg Local School
District to the State of Ohio as collateral for issued school
construction facility bonds. Once the construction project was
completed, the state was to have conveyed title to the real estate
back to the Williamsburg Local School District, which conveyance
never occurred. This section corrects that oversight.
(C) The real estate described in division (A) of this section
shall be sold as an entire tract and not in parcels.
(D) The Williamsburg Local School District shall pay all
costs associated with the purchase and conveyance of the real
estate described in division (A) of this section, including
recordation costs of the deed.
(E) Possession of the premises prior to transfer shall be
governed by an existing interim lease between the state and the
Williamsburg Local School District.
(F) Upon payment of the purchase price, the Auditor of State,
with the assistance of the Attorney General, shall prepare a deed
to the real estate described in division (A) of this section. The
deed shall be executed by the Governor in the name of the state,
countersigned by the Secretary of State, sealed with the Great
Seal of the State, presented in the Office of the Auditor of State
for recording, and delivered to the Williamsburg Local School
District. The School District shall present the deed for recording
in the Office of the Clermont County Recorder.
(G) The net proceeds of the sale of the real estate described
in division (A) of this section shall be deposited in the State
Treasury to the credit of the General Revenue Fund.
(H) This section expires one year after its effective date.
Section 403. (A) The Governor is hereby authorized to execute
a deed in the name of the state conveying to Res-Care Ohio, Inc.,
of Ohio, and its successors and assigns, all of the state's right,
title, and interest in the following described real estate:
SITUATED in the County of Franklin, State of Ohio and in the
Township of Clinton, and bounded and described as follows:
Being a part of Quarter Township Number One, Township Number
One, Range Eighteen United States Military Lands, and being a part
of Lot Number Ten of the Scioto Company subdivision of said
Quarter Township Number One.
BEGINNING at a point in the east line of said Lot No. Ten 208
feet south of the northeast corner thereof, this said point being
on the center line of Karl Road;
THENCE westerly and parallel with the north of said Lot No.
10, passing an iron pin at the west line marked by an iron pin;
THENCE southerly and approximately parallel with the center
line of Karl Road, 208 feet to a point, which point is witnessed
and marked by an iron pin;
THENCE easterly and parallel with the north line of said Lot
No. 10, passing an iron pin at the west line of Karl Road, 1045.8
feet to a point in the center line of Karl Road;
THENCE northerly, following the center line of Karl Road,
which center line is also the east line of the said Lot No. 10,
208 feet to the point and place of beginning, the said above
described premises containing 4.995 acres, more or less, subject
to all legal highways, and being further described as Parcel No.
20 of the recorded plat of "Pegg Farm Parcels" of record in Volume
42, on Page 332 of Franklin County Miscellaneous Records, to which
record reference is hereby made.
EXCEPTING therefrom a strip of land 37.5 feet in width off
the entire east side of the said 4.995-acre tract, said 37.5-foot
strip of land being west of and adjacent to the center line of
Karl Road and extending from the south property line to the north
property line, a distance of 208 feet; containing 0.179 acres more
or less of which the present road occupies 0.119 acres.
Prior Deed Reference: Deed Volume 3744, Page 352.
(B) Consideration for the conveyance of the real estate
described in division (A) of this section is the purchase price of
one hundred twelve thousand ninety-six dollars.
(C) The real estate described in division (A) of this section
shall be sold as an entire tract and not in parcels.
(D) Prior to the execution of the deed described in division
(E) of this section, possession of the real estate described in
division (A) of this section shall be governed by an existing
interim lease between the state and Res-Care Ohio, Inc.
(E) Upon payment of the purchase price, the Auditor of State,
with the assistance of the Attorney General, shall prepare a deed
to the real estate described in division (A) of this section. The
deed shall state the consideration. The deed shall be executed by
the Governor in the name of the State, countersigned by the
Secretary of State, sealed with the Great Seal of the State,
presented in the Office of the Auditor of State for recording, and
delivered to Res-Care Ohio, Inc. Res-Care Ohio, Inc., shall
present the deed for recording in the Office of the Franklin
County Recorder.
(F) The deed shall contain a deed restriction that Res-Care
Ohio, Inc., shall continue to operate an existing residential
facility located on the real estate described in division (A) of
this section for individuals with mental retardation and
developmental disabilities for a period of time not less than five
years from the date of closing.
(G) The deed shall contain a deed restriction that prohibits
Res-Care Ohio, Inc., from selling, conveying, or transferring
ownership of the real estate described in division (A) of this
section for a period of time not less than five years from the
date of closing.
(H) The deed shall contain a provision that in the event of
default or breach by Res-Care Ohio, Inc., on either division (F)
or (G) of this section, Res-Care Ohio, Inc., shall immediately pay
to the Ohio Department of Mental Retardation and Developmental
Disabilities the sum equal to the Department's investment in the
premises, $1,008,866.66.
(I) Res-Care Ohio, Inc., shall pay the costs of the
conveyance of the real estate described in division (A) of this
section.
(J) The net proceeds of the sale of the parcel described in
this section shall be deposited in the State Treasurey to the
credit of the Residential Facilities Support Fund within the
Department of Mental Retardation and Developmental Disabilities.
(K) This section shall expire one year after its effective
date.
Section 405. (A) The Governor is hereby authorized to
execute a deed in the name of the State conveying to a buyer or
buyers to be determined in the manner provided in division (B) of
this section, all of the state's right, title, and interest in the
following described real estate that the Director of
Administrative Services has determined is no longer required for
State of Ohio purposes:
Situated in the State of Ohio, County of Gallia, Township of
Addison, being in Section 13, Town 4 N, Range 14 W, Ohio Company
Purchase. Being part of that parcel of land described in Volume
180 Page 825, conveyed to the State of Ohio, and being more
particularly described as follows:
Commencing at a Concrete Monument found at centerline station
933+36.19, said monument and stationing referenced to right of way
plan Gal-35-13.45;
thence S 86°42' 42" W along a random line a distance of
185.72 feet to an iron pin set in the existing right of way line
of S.R. 735 at 120.00 feet left of centerline station 931+95.16,
and being the Grantors south east comer, said point being the True
Place of Beginning;
thence leaving said right of way line and along the Grantors
southerly property line N 87° 24' 01" W (passing an iron pin found
"Lambert" at 2.92 feet) a total distance of 403.54 feet to an iron
pin set;
thence leaving said Grantors southerly property line the
following nine courses:
1) N 02° 37' 33" E a distance of 14.43 feet to an iron pin
set;
2) N 82° 15' 08" W a distance of 52.52 feet to an iron pin
set;
3) N 64° 14' 07"W a distance of 103.83 feet to an iron pin
set;
4) N 75° 59' 40" W a distance of 108.67 feet to an iron pin
set;
5) N 83° 14' 38" W a distance of 109.48 feet to an iron pin
set;
6) N 88° 17' 52" W a distance of 105.23 feet to an iron pin
set;
7) S 88° 24' 56" W a distance of 100.13 feet to an iron pin
set;
8) N 89° 31' 31" W a distance of 271.48 feet to an iron pin
set;
9) S 86° 28' 30" W a distance of 170.51 feet to an iron pin
set on the Grantors westerly property line;
thence along the Grantors westerly property line N 19° 29' 41
" E a distance of 378.98 feet to an iron pin found;
thence along the Grantors northerly property line S 87° 20'
08" E (passing an iron pin found at 670.77 feet and an iron pin
set at 1603.75 feet) a total distance of 1702.02 feet to
centerline station 937+47.45, 156.21 feet left, said point also
being on the existing right of way line of State Route 735;
thence along said existing right of way line, also being the
Grantors easterly property line S 60° 58' 53" W a distance of
12.57 feet to centerline station 937+36.19, 157.62 feet left;
thence along said existing right of way line S 46° 19' 04" W
(passing an iron pin set at 203.63 feet) a total distance of
421.16 feet to an iron pin set;
thence along said existing right of way line S 46° 19' 02'1 W
a distance of 141.03 to the Place of Beginning. The above
described area of 13.240 acres, including the present road which
occupies 0.00 acres is contained with Auditor's Parcel No.
002-355-192-00 which contains 14.860 acres more or less. Subject
to all legal easements and rights of way. All iron pins set are
5/8" x 30" with an attached plastic identification cap. (ODOT
District 10). Grantor claims title by instrument(s) recorded in
Volume 180, Page 825, in the Gallia County Recorder's Office. The
bearings are based on the State Plane Coordinate System Ohio
South, NAD 83 (NSRS2007).
(B) The Director of Administrative Services shall offer the
real estate, improvements, and chattels located on the parcel
described in division (A) of this section for sale, "as is," in
its present condition according to the following process:
(1) The real estate described in division (A) of this section
shall be sold as an entire parcel and not subdivided.
(2) The Ohio Department of Mental Retardation and
Developmental Disabilities, with the assistance of the Ohio
Department of Administrative Services, shall have the parcel
described in division (A) of this section appraised by one or more
disinterested persons for a fee to be determined by and paid by
the Department of Mental Retardation and Developmental
Disabilities. The Director of Administrative Services shall then
offer the real estate at the appraised value to the Board of
County Commissioners of Gallia County.
(3) If, after thirty days, the Board of County Commissioners
of Gallia County has declined the offer to purchase the real
estate at the appraised value, or if the Board of County
Commissioners of Gallia County has accepted the offer (by
executing a document entitled an "Offer to Purchase Real Estate"
with the Director of Administrative Services which shall establish
the terms of the conveyance) but has failed to complete the
purchase, the Director of Administrative Services shall offer the
real estate at the appraised value to the Board of Trustees of
Addison Township.
(4) If, after thirty days, the Addison Township Trustees have
declined the offer to purchase the real estate at the appraised
value, or if the East Union Township Trustees has accepted the
offer (by executing a document entitled an "Offer to Purchase Real
Estate" with the Director of Administrative Services which shall
establish the terms of the conveyance) but has failed to complete
the purchase, the Director of Administrative Services shall
conduct a public auction and the real estate shall be sold to the
highest bidder at a price acceptable to both the Director of
Administrative Services and the Director of Mental Retardation and
Developmental Disabilities.
The Director of Administrative Services shall advertise the
public auction in a newspaper of general circulation within Gallia
County once a week for three consecutive weeks prior to the date
of the auction. The Director of Administrative Services may reject
any and all bids from the public auction. The terms of sale shall
be ten per cent of the purchase price in cash, bank draft, or
certified check on the date of sale, with the balance payable
within sixty days after the date of sale. A purchaser who does not
complete the conditions of the sale as prescribed in this division
shall forfeit the ten per cent of the purchase price presented at
the time of sale to the state as liquidated damages. Should a
purchaser not complete the conditions of sale as described herein,
the Director of Administrative Services is authorized to accept
the next highest bid by collecting ten per cent of the revised
purchase price from that bidder and proceed to close the sale,
providing the secondary bid meets all other criteria provided for
in this section.
(5) Advertising costs, appraisal fees, and other costs
incident to the sale of real estate described in division (A) of
this section shall be paid by the Department of Mental Retardation
and Developmental Disabilities.
(6) Upon notice from the Director of Administrative Services
that the parcel of real estate described in division (A) of this
section has been sold, the Auditor of State, with the assistance
of the Attorney General, shall prepare a deed to the real estate
to the purchaser identified by the Director of Administrative
Services. The deed shall be executed by the Governor,
countersigned by the Secretary of State, presented in the Office
of the Auditor of State for recording, and delivered to the
grantee at closing and upon the grantee's payment of the balance
of the purchase price. The grantee shall present the deed for
recording in the Gallia County Recorder's Office.
(7) The net proceeds of the sale of the parcel described in
division (A) of this section shall be deposited in the state
treasury to the credit of Fund 1520, Miscellaneous Revenue.
(C) This section expires three years after its effective
date.
Section 407. (A) The Governor is hereby authorized to
execute a deed in the name of the state conveying to the City of
Gallipolis, Gallia County, Ohio, and its successors and assigns,
all of the state's right, title, and interest in the following
described real estate:
Situated in Range 14, Township 3, Sections 23 and 29,
Gallipolis City Township, Gallia County, State of Ohio
Beginning at the intersection of the centerline of Mill Creek
Road and the centerline of Ohio Avenue and being the true point of
beginning for the following described real estate,
Thence leaving the said intersection and following the
centerline of Mill Creek Road, SOUTH 22° 15' 26" WEST; 48.40 feet
to a point,
Thence leaving the said centerline of Mill Creek Road and
following the common property line of now or formerly The State of
Ohio volume 60 page 542 and now or formerly The City of Gallipolis
volume 242 page 511 the next eight (8) bearings and distances,
Thence NORTH 49° 53' 49" WEST; 521.68 feet to an iron pin
SET,
Thence along a curve to the left having a radius of 300.00
feet, an arc length of 359.93 feet, and a chord bearing of SOUTH
41°48'28" WEST; for 338.73 feet to a point,
Thence SOUTH 07°26' 13" WEST; 77.52 feet to a point,
Thence along a curve to the right having a radius of 285.00
feet, an arc length of 501.60 feet, and a chord bearing of SOUTH
57°11' 19" WEST; for 439.32 feet to an iron pin SET,
Thence NORTH 74°40'10" WEST; 79.56 feet to an iron pin SET,
Thence along a curve to the left having a radius of 300.00
feet, an arc length of 92.86 feet, and a chord bearing of NORTH
80° 14' 18" WEST; for 92.49 feet to an iron pin SET,
Thence along a curve to the left having a radius of 300.00
feet, an arc length of 202.85 feet, and a chord bearing of SOUTH
71°31'26" WEST; for 199.01 feet to a point,
Thence SOUTH 50°04' 11" WEST; 15.00 feet to an iron pin SET
on the common property line of said now or formerly City of
Gallipolis volume 242 page 511 and now or formerly First Baptist
Church volume 300 page 577,
Thence continuing along the said common property line of now
or formerly The State of Ohio volume 60 page 542 and now or
formerly The City of Gallipolis volume 242 page 511 and following
common property line of now or formerly The State of Ohio volume
60 page 542 and now or formerly First Baptist Church volume 300
page 577, NORTH 39°55'49" WEST; 50.00 feet to a point in the
centerline of Ohio Avenue.
Thence leaving the said common property line of now or
formerly The State of Ohio volume 60 page 542 and now or formerly
First Baptist Church volume 300 page 577 and following the
centerline of Ohio Avenue the following two (2) bearings and
distances,
Thence SOUTH 50°05'10" WEST; 1149.71 feet to a point,
Thence SOUTH 42°09' 15" EAST; 390.11 feet to a point,
Thence leaving the said centerline of Ohio Avenue, SOUTH
47°50'45" WEST; 12.67 feet to the most Southeasterly corner of Lot
#4 of the Colonial Subdivision,
Thence along the Southwest right of way line of Ohio Avenue,
NORTH 42°09' 15" WEST; 420.94 feet to a point,
Thence leaving the said Southwest right of way line of Ohio
Avenue and following the Northwest right of way line of Ohio
Avenue the next two (2) bearings and distances,
Thence NORTH 49°11' 13" EAST; 437.47 feet to a point on the
Southeast corner of Lot #1 of the Colonial Subdivision Number 2,
Thence SOUTH 39°47'33" EAST; 27.23 feet to a point,
Thence leaving the Northwest right of way line of Ohio Avenue
and following a line that is generally parallel to and a minimum
of 0.50 feet outside the existing edge of pavement of said Ohio
Avenue the following eleven (11) bearings and distances,
Thence NORTH 49°49'51" EAST; 602.71 feet to an iron in SET,
Thence NORTH 52°13'57" EAST; 165.73 feet to an iron pin SET,
Thence along a curve to the right having a radius of 286.00
feet, an arc length of 264.73 feet, and a chord bearing of NORTH
78°45'01" EAST; for 255.38 feet to an iron pin SET,
Thence SOUTH 74°43'55" EAST; 112.44 feet to an iron pin SET,
Thence along a curve to the left having a radius of 384.46
feet, an arc length of 126.50 feet, and a chord bearing of SOUTH
84°09'28" EAST; for 125.93 feet to an iron pin SET at a point of
compound curvature,
Thence along a curve to the left having a radius of 166.45
feet, an arc length of 171.93 feet, and a chord bearing of NORTH
56°49'32" EAST; for 164.39 feet to an iron pin SET at a point of
compound curvature,
Thence along a curve to the left having a radius of 379.09
feet, an arc length of 147.44 feet, and a chord bearing of NORTH
16°05'33" EAST; for 146.52 feet to an iron pin SET at a point of
reverse curvature,
Thence along a curve to the right having a radius of 409.23
feet, an arc length of 730.64 feet, and a chord bearing of NORTH
56°05'56" EAST; for 637.39 feet to an iron pin SET at a point of
compound curvature,
Thence along a curve to the right having a radius of 250.44
feet, an arc length of 246.87 feet, and a chord bearing of SOUTH
44°30'47" EAST; for 237.00 feet to an iron pin SET,
Thence SOUTH 16°16'25" EAST; 174.13 feet to a point in the
centerline of Mill Creek Road,
Thence leaving the proposed Northeast right of way line of
Ohio Avenue and following the centerline of Mill Creek Road, SOUTH
37°22'55" WEST; 19.66 feet to the true point of beginning,
Containing 4.540 acres total more or less, being a part of
the real estate described in The State of Ohio in volume 60 page
542, ALONG WITH part being out of 8 acre lot # 1196, Section 23
being 1.670 acres more or less, ALONG WITH part being out of
Subdivided Lot #4, Section 29 being 0.810 acres more or less,
ALONG WITH part being out of Subdivided Lot #3, Section 29 being
0.720 acres more or less, ALONG WITH part being out of Subdivided
Lot #2, Section 29 being 0.700 acres more or less, ALONG WITH part
being out of Ministerial lot #5, Section 29 being 0.600 acres more
or less, ALONG WITH part being out of Ministerial lot #6, Section
29 being 0.040 acres more or less.
Subject to all legal easements, leases, and rights of way of
record. Iron pin set are 1/2"x30" rebar with plastic caps I.D.
caps labeled PMR 6196, all other monuments are as noted. Survey
performed on 10/26/2006 by Philip M. Roberts, Ohio registered
Surveyor No. 6196.
(B) This section is curative in nature and is intended to
redraw boundary lines and correct title encroachment issues
between the State of Ohio property and the City of Gallipolis
property near the Gallipolis Developmental Center under the
jurisdiction of the Ohio Department of Mental Retardation and
Developmental Disabilities.
In exchange for the conveyance of the real estate described
in division (A) of this section by the state, the City of
Gallipolis shall convey to the state real property owned by the
City and identified in such conveyance as the city's portion of
the aforementioned encroachment issue.
(C) Consideration for the conveyance of the real estate
described in division (A) of this section shall be the mutual
benefit derived by both the state and the City of Gallipolis
through correcting the aforementioned title encroachments.
(D) The real estate described in division (A) of this section
shall be exchanged as an entire tract and not in parcels.
(E) The Auditor of State, with the assistance of the Attorney
General, shall prepare a deed to the real estate described in
division (A) of this section. The deed shall state the
consideration as mutual benefit. The deed shall be executed by the
Governor in the name of the state, countersigned by the Secretary
of State, sealed with the Great Seal of the State, presented in
the Office of the Auditor of State for recording, and delivered to
the City of Gallipolis. The City of Gallipolis shall present the
deed for recording in the Office of the Gallia County Recorder.
(F) The City of Gallipolis shall pay the costs of the
conveyance of the real estate described in division (A) of this
section, including recordation costs of the Governor's Deed.
(G) This section expires one year after its effective date.
Section 409. (A) The Governor is hereby authorized to execute
a deed in the name of the state conveying to Tawawa Community
Development Corporation, its successors and assigns, all of the
state's right, title, and interest in the following described real
estate:
SITUATED in Xenia Township, Greene County, Ohio, and being
part of Military Survey 929 and part of a 131.27-acre tract
conveyed to Central State College by deed recorded in Book 85,
Page 216 of deed records of said county, and being a 0.277-acre
tract more particularly described as follows:
BEGINNING at a PK nail set on the centerline intersection of
Brush Row Road and State Route 42;
THENCE from said point of beginning, SOUTH 53° 30' 00" WEST
with the centerline of State Route 42 a distance of 172.54 feet to
a PK nail set at a corner of a 3.14-acre tract conveyed to JLR
Real Estate Investment Co., Inc., by deed recorded in Volume 376,
Page 110 of the official records of said county;
THENCE NORTH 8° 00' 00" EAST with the southeasterly line of
said 3.14-acre tract a distance of 196.35 feet (passing 5/8" iron
pins set at 42.06 feet and at 172.89 feet) to a PK nail set on the
centerline of Brush Row Road;
THENCE on a new division line SOUTH 50° 30' 00" EAST with
said centerline a distance of 144.33 feet to the point of
beginning containing 0.277 acres, more or less, subject, however,
to all legal highways, easements, and restrictions of record.
The above described parcel is now known as part of the
dedicated right-of-way of Brush Row Road and State Route 42 and
Part Lot 6A of Lauman & Rust Addition Replat of Lot 6 and 0.277
acres as recorded in Plat Cabinet 36, Pages 313B & 314A of the
plat records of said county.
Prior Deed: Deed Book 85, Page 216.
Basis of Bearing: Centerline of State Route 42 per Plat
Cabinet 31/17B, SOUTH 53° 30' 00" WEST.
The above described parcel is to be combined with the
adjacent parcel (Tract B) and is not to be considered a separate
building lot until it complies with all applicable zoning and
subdivision regulations.
The above description is the result of a field survey
prepared by Raymond B. Mefford, Ohio Registered Surveyor No. 7367,
and Judge Engineering Company, dated March 23, 2007.
(B) Consideration for conveyance of the real estate is the
mutual benefit accruing to the state and Tawawa Community
Development Corporation for a student and community convenience
center.
(C) Tawawa Community Development Corporation shall pay the
costs of the conveyance.
(D) The Auditor of State, with the assistance of the Attorney
General, shall prepare a deed to the real estate described in
division (A) of this section. The deed shall be executed by the
Governor in the name of the state, countersigned by the Secretary
of State, sealed with the Great Seal of the state, and presented
for recording in the Office of the Auditor of State. Tawawa
Community Development Corporation shall present the deed for
recording in the office of the Greene County Recorder.
(E) This act expires one year after its effective date.
Section 411. (A) The Governor is hereby authorized to execute
a deed in the name of the state conveying to the Board of Trustees
of Cambridge Township, Guernsey County, Ohio all of the state's
right, title, and interest in the following described real estate
that the Director of Administrative Services has determined is no
longer required for the use and benefit of the state of Ohio:
Situated in the Township of Cambridge, the County of
Guernsey, and the State of Ohio.
Being located in the Northwest Quarter of Section 3 and the
Northeast Quarter of Section 4 of Township 2, Range 3 of the
United States Military Lands and being part of the residue of a
256.55 acre tract -A.P.# 02-03838.000 heretofore conveyed to the
State of Ohio by Deed Volume 215 at Page 522 of the Guernsey
County Deed and Official Records with the tract to be conveyed
being more fully described as follows:
Commencing at a mag nail (found) at the Southwest corner of
the Northwest Quarter of Section 3 and the Southeast corner of the
Northeast Quarter of Section 4 being also the TRUE PLACE OF
BEGINNING of the herein described road right of way;
Thence through the bounds of the aforesaid parent tract seven
(7) courses:
(1) Thence North 88 deg. 38 min. 07 sec. West, 40.00 feet to
a point;
(2) Thence North 1 deg. 53 min. 49 sec. East, 1219.32 feet to
a point;
(3) Thence with a curve to the right having a radius of
102.78 feet, a central angle of 89 deg. 28 min. 41 sec., an arc
length of 160.50 feet, and a chord which bears North 46 deg. 38
min. 10 sec. East for a distance of 144.68 feet to a point;
(4) Thence South 88 deg. 37 min. 29 sec. East, 1751.60 feet
to a point;
(5) Thence with a curve to the left having a radius of 341.02
feet, a central angle of 51 deg. 40 min. 47 sec., an arc length of
307.59 feet and a chord which bears North 65 deg. 32 min. 07 sec.,
East for a distance of 297.27 feet to a point;
(6) Thence North 39 deg. 41 min. 44 sec. East, 149.74 feet to
a point;
(7) Thence with a curve to the right having a radius of
374.65 feet, a central angle of 35 deg. 30 min. 21 sec., an arc
length of 232.17 feet and a chord which bears North 57 deg. 26
min. 52 sec. East for a distance of 228.47 feet to a point on the
south line of a 60 acre tract heretofore conveyed to Mary M.
Doench, Martha M. Ruppert, Majorie E. Braden and James R. Mason
(O.R. 308, Pg. 233);
Thence with said line South 88 deg. 08 min. 23 sec. East,
354.16 feet to a point in County Road 35- Former U.S. Route 21 and
passing on line a 1" iron pin (found) at 325.90 feet;
Thence with said road and through the bounds of the aforesaid
parent tract the following two (2) courses:
(1) Thence South 2 deg. 01 min. 12 sec. West, 24.97 feet to a
point reference by a railroad spike (set) at North 87 deg. 58 min.
48 sec. West, 25.00 feet;
(2) Thence South 2 deg. 01 min. 12 sec. West, 40.00 feet to a
point;
Thence leaving said road and continuing through the bounds of
the aforesaid parent the following nine (9) courses:
(1) Thence North 87 deg. 58 min. 48 sec. West, 245.76 feet to
a point;
(2) Thence with a curve to the left having a radius of 294.65
feet, a central angle of 52 deg. 19 min. 28 sec., an arc length of
269.08 feet and a chord which bears South 65 deg. 51 min. 28 sec.
West for a distance of 259.83 feet to a point;
(3) Thence South 39 deg. 41 min. 44 sec. West, 149.74 feet to
a point;
(4) Thence with a curve to the right having a radius of
421.02 feet, a central angle of 38 deg. 11 min. 22 sec., an arc
length of 280.62 feet and a chord which bears South 58 deg. 47
min. 23 sec. West for a distance of 275.46 feet;
(5) Thence South 1 deg. 20 min. 57 sec. West, 634.46 feet to
a point;
(6) Thence with a curve to the right having a radius of
431.30 feet, a central angle of 13 deg. 21 min. 20 sec., an arc
length of 100.53 feet and a chord which bears South 8 deg. 01 min.
3 sec. West for a distance of 100.31 feet to a point;
(7) Thence South 14 deg. 42 min. 16 sec. West, 121.33 feet to
a point;
(8) Thence with a curve to the left having a radius of 137.51
feet, a central angle of 52 deg. 51 min. 50 sec., an arc length of
126.87 feet and a chord which bears South 11 deg. 43 min. 3 sec.
East for a distance of 122.42 feet to a point;
(9) Thence South 38 deg. 09 min. 37 sec East, 18.56 feet to a
point on the north line of a 1.934 acre tract heretofore conveyed
to the Trustees of Cambridge Township, Guernsey County, Ohio (O.R.
350, Pg.65);
Thence with said line North 88 deg. 38 min. 33 sec. West,
51.13 feet to a point referenced by an iron pin (set) at North 38
deg. 09 min. 37 sec. West, 88.24 feet;
Thence continuing with said line North 88 deg. 38 min. 33
sec. West, 46.81 feet to a point on the north line of the residue
of a 62.554 acre tract heretofore conveyed to Cambridge Township,
City of Cambridge, Guernsey County, Guernsey County Port Authority
and the Cambridge -Guernsey County Improvement Corporation (O.R.
335, Pg. 116), referenced by a mag nail (found) at North 88 deg.
38 min. 33 sec. West, 16.34 feet;
Thence leaving said line and through the aforesaid parent
tract the following nine (9) courses:
(1) Thence with a curve to the right having a radius of
217.51 feet a central angle of 41 deg. 15 min. 31 sec., an arc
length of 156.63 feet and a chord which bears North 5 deg. 55 min.
2 sec. West for a distance of 153.27 feet to a point;
(2) Thence North 14 deg. 42 min. 16 sec. East, 121.33 feet to
a point;
(3) Thence with a curve to the left having a radius of 351.30
feet, a central angle of 13 deg. 21 min. 20 sec., an arc length of
81.89 feet and a chord which bears North 8 deg. 01 min. 37 sec.
East for a distance of 81.70 feet to a point;
(4) Thence North 1 deg. 20 min. 57 sec. East, 623.27 feet to
a point;
(5) Thence with a curve to the right having a radius of
421.02 feet, a central angle of 2 deg. 28 min. 49 sec., an arc
length of 18.23 feet and a chord which bears North 89 deg. 51 min.
29 sec. West for a distance of 18.22 feet to a point;
(6) Thence North 88 deg. 37 min. 29 sec. West, 1751.60 feet
to a point;
(7) Thence with a curve to the left having a radius of 22.78
feet, a central angle of 89 deg. 28 min. 41 sec., an arc length of
35.57 feet, and a chord which bears South 46 deg. 38 min. 10 sec
West for a distance of 32.06 feet to a point;
(8) Thence South 1 deg. 53 min. 49 sec. West, 1178.57 feet to
a point;
(9) Thence South 88 deg. 38 min. 07 sec. East, 1148.69 feet
to a point on a bound of the aforesaid residue of a 62.554 acre
tract;
Thence with said bound South 1 deg. 28 min. 54 sec. West,
40.00 feet to a mag nail (found) on the north line of a 15.842
acre tract heretofore conveyed to Cambridge Township (O.R 335, Pg.
120) a on the south line of the Northwest Quarter of Section 3;
Thence with said line North 88 deg. 38 min. 07 sec. West,
1188.98 feet to the TRUE PLACE OF BEGINNING containing 10.315
acres_more or less but subject to all legal highways,
rights-of-way, easements, leases and restrictions of record or
otherwise legally established.
Bearings herein are oriented to north as determined by GPS
observation, All iron pins set are 5/8"x30" re- bars with yellow
plastic caps stamped "WARD 7356",
The above described tract consists of 1.254 acres in Section
4 and 9.061 in Section 3.
(B) The General Assembly finds that the mutual benefit and
exchange of services accruing to the State of Ohio from the
conveyance of the real estate under this section is in the best
interests of the State of Ohio and specifically beneficial to the
Ohio Department of Mental Retardation and Developmental
Disabilities. The Board of Trustees of Cambridge Township in
Guernsey County, Ohio, agrees to accept the deed and assume
responsibility for all maintenance and upkeep of the roadways
thereon, following transfer from the state. Once title to the the
roadways are transferred pursuant to this section of the act, the
Board of Trustees of Cambridge Township agree to perpetually
dedicate the roadways herein to the public's use.
(C) The Auditor of State, with the assistance of the Attorney
General, shall prepare a deed to the real estate described in
division (A) of this section. The deed shall state the
consideration as mutual benefit and exchange of services. The deed
shall be executed by the Governor in the name of the state,
countersigned by the Secretary of State, sealed with the Great
Seal of the State, presented in the office of the Auditor of State
for recording, and delivered to the Board of Trustees of Cambridge
Township in Guernsey County, Ohio, who shall present the deed for
recording in the office of the Guernsey County Recorder.
(D) The Board of Trustees of Cambridge Township shall pay the
costs of the conveyance of the real estate described in this
section of this act.
(E) This section expires two years after its effective date.
Section 413. (A) The Governor is hereby authorized to execute
a deed in the name of the state conveying to Cambridge Real Estate
Holdings, LLC., hereafter the grantee, and its successors and
assigns, all of the state's right, title, and interest in the
following described real estate:
Parcel One: Beginning for reference at a pk nail found at the
Southwest Corner of the Northwest Quarter of Section 3, also being
in the centerline of two private roads (Oldham and Lalakus);
thence along the south line of said Northwest Quarter of
Section 3, also being the south line of the lands now owned by
State of Ohio (D.V. 215, Pg. 522) and the north line of the lands
now owned by Cambridge Township (OR 335, Pg. 120), and the
centerline of a private road (Oldham), South 89 degrees 12 minutes
53 seconds East 248.68 feet to a pk nail set;
thence leaving said centerline and through the lands now
owned by the State of Ohio (D.V. 215, Pg. 522), North 00 degrees
32 minutes 51 seconds East 40.00 feet to an iron pin set also
being the true point of beginning;
thence continuing through the said lands now owned by the
State of Ohio (D.V. 215, Pg. 522), North 00 degrees 32 minutes 51
seconds East 896.44 feet to an iron pin set adjacent to the west
side of an existing concrete sidewalk;
thence along the west side of said existing sidewalk, North
00 degrees 32 minutes 51 seconds East 100.97 feet to an iron pin
set adjacent to the south side of an existing concrete sidewalk;
thence along the south side of said existing sidewalk, South
89 degrees 27 minutes 08 seconds East 172.75 feet to a pk nail
set;
thence through and along the east side of an existing
concrete sidewalk, South 00 degrees 13 minutes 51 seconds East
238.38 feet to a pk nail set; thence approximately eight feet
north of and parallel to the centerline of a private road
(unnamed), South 89 degrees 09 minutes 24 seconds East 994.03 feet
to an iron pin set adjacent to the north side of an existing
concrete drive;
thence along said north line of an existing concrete drive,
North 88 degrees 42 minutes 07 seconds East 20.38 feet to an iron
pin set;
thence with a curve to the left having an arc length of 31.77
feet, a radius of 22.51 feet, with a chord bearing of North 47
degrees 36 minutes 43 seconds East for a distance of 29.20 feet to
an iron pin set adjacent to the east side of an existing concrete
drive;
thence along said east side of an existing concrete drive,
North 00 degrees 46 seconds 22 minutes East 140.27 feet to an iron
pin set;
thence leaving said east side of an existing concrete drive,
South 89 degrees 56 minutes 11 seconds East 17.06 feet to a point
on the north line of an existing concrete sidewalk; thence along
the north line of said existing concrete sidewalk the following
ten courses:
1) South 70 degrees 32 minutes 48 seconds East a distance of 7.52
feet to a point;
2) South 62 degrees 55 minutes 21 seconds East a distance of 16.75
feet to a point;
3) South 59 degrees 01 minutes 31 seconds East a distance of 25.04
feet to a point;
4) South 55 degrees 07 minutes 32 seconds East a distance of 21.39
feet to a point;
5) South 59 degrees 19 minutes 35 seconds East a distance of 32.98
feet to a point;
6) South 65 degrees 44 minutes 51 seconds East a distance of 713
feet to a point;
7) South 77 degrees 52 minutes 46 seconds East a distance of 2.97
feet to a point;
8) North 61 degrees 31 minutes 04 seconds East a distance of 10.16
feet to a point;
9) North 83 degrees 16 minutes 35 seconds East a distance of 51.52
feet to a point;
10) South 89 degrees 28 minutes 00 seconds East a distance of 9.98
feet to a point being a common corner of said north side of
existing concrete sidewalk and the west side of an existing
concrete drive;
thence along said west side of an existing concrete drive,
North 00 degrees 31 minutes 02 seconds West a distance of 21.56
feet to an iron pin set;
thence leaving said west side of an existing concrete drive
and continuing along the north side of an existing concrete
sidewalk the following five courses:
1) South 89 degrees 09 minutes 21 seconds East a distance of 47.98
feet to a point;
2) South 61 degrees 54 minutes 41 seconds East a distance of 49.48
feet to a point;
3) North 88 degrees 36 minutes 50 seconds East a distance of 50.28
feet to a point;
4) South 61 degrees 16 minutes 33 seconds East a distance of 10.06
feet to a point;
5) North 88 degrees 56 minutes 31 seconds East a distance of 49.91
feet to an iron pin set;
thence leaving said north line of existing concrete sidewalk
and forty feet west of and parallel to the centerline of a private
road (Gibson) the following three courses:
1) South 00 degrees 46 minutes 11 seconds West 338.29 feet to an
iron pin set;
2) South 14 degrees 07 minutes 30 seconds West 162.46 feet to an
iron pin set;
3) With a curve to the left having an arc length of 156.62 feet, a
radius of 217.51 feet, with a chord bearing of South 06 degrees 30
minutes 12 seconds East for a distance of 153.25 feet to a point
in the centerline of a private road (Fletcher);
thence following the south line of lands now owned by said
State of Ohio (D.V. 215, Pg. 522), North 89 degrees 13 minutes 28
seconds West 636.54 feet to a pk nail found in the intersection of
two private roads (Fletcher and unnamed), passing a pk nail found
in the centerline of a private road (Fletcher) at 16.37 feet;
thence following the centerline of a private road (unnamed)
South 00 degrees 54 minutes 08 seconds West 226.57 feet to a pk
nail found in the centerline of said private road and private road
(unnamed) and also being forty feet north of a pk nail found in
the intersection of said private road and private road (Oldham);
thence forty feet north of and parallel to the centerline of
a private road (Oldham) North 89 degrees 12 minutes 53 seconds
West 940.30 feet to the true point of beginning; containing 26.32
acres, more or less, subject to all legal road right of ways and
applicable easements, written or implied.
Part of Parcel No. 02-03838.000 (+ 26.32 acres)
Parcel Two: Beginning for reference at a pk nail found at the
Southeast Corner of the Northwest Quarter of Section 3, also being
in the intersection of C.R. 35 (Old U.S. Rt. 21) and C.R. 633;
thence along the centerline of said C.R. 35 North 01 degrees
32 minutes 37 seconds East 266.78 feet to a point in the
centerline of said C.R. 35 also being the southeast corner of the
lands now owned by State of Ohio (D.V. 215, Pg. 522) and also
being the true point of beginning;
thence leaving said centerline of C.R. 35 and following the
south line of said lands now owned by State of Ohio (D.V. 215, Pg.
522), North 89 degrees 13 minutes 28 seconds West 605.52 feet to
an iron pin found, passing iron pins found at 49.98 feet and
418.50 feet;
thence continuing along said line North 89 degrees 13 minutes
19 seconds West 185.67 feet to a point being 40 feet east of and
parallel to the centerline of a private road (Gibson);
thence crossing said lands now owned by State of Ohio and
continuing 40 feet east of and parallel to said centerline the
following four courses:
1) North 38 degrees 44 minutes 21 seconds West 18.55 feet to a
point;
2) with a curve to the right having an arc length of 126.87 feet,
a radius of 137.51 feet, with a chord bearing of North 06 degrees
30 minutes 12 seconds West for a distance of 122.42 feet to an
iron pin set;
3) North 14 degrees 07 minutes 30 seconds East 171.82 feet to an
iron pin set;
4) North 00 degrees 46 minutes 11 seconds East 351.22 feet to a pk
nail set in an asphalt parking lot;
thence North 87 degrees 48 minutes 25 seconds East 339.69
feet to an iron pin set;
thence South 84 degrees 26 minutes 02 seconds East 629.16
feet to a point in the centerline of C.R. 35, passing an iron pin
set for reference at 529.16 feet;
thence following said centerline of C.R. 35 the following
four courses:
1) South 39 degrees 18 minutes 52 seconds West a distance of
171.23 feet to a point;
2) South 28 degrees 09 minutes 52 seconds West a distance of 138.5
feet to a point;
3) South 01 degrees 32 minutes 55 seconds West a distance of
292.31 feet to a point;
4) South 01 degrees 25 minutes 35 seconds West a distance of 67.85
feet to the true point of beginning;
containing 12.60 acres, more or less, subject to all legal
road right of ways and applicable easements, written or implied.
Part of Parcel No. 02-03838.000 (+ 12.60 acres)
(B) Consideration for conveyance of the real estate described
in division (A) of this section is the purchase price of three
million two hundred thousand dollars. The payment of the final
purchase price of three million two hundred thousand dollars shall
be less the aggregate amount of monthly rental payments paid from
October 1, 2008, through the date of closing and less one-half of
the cost of surveying the Premises.
(C) The real estate described in division (A) of this section
shall be sold as an entire tract and not in parcels.
(D) The deed shall contain a deed restriction that the
grantee shall grant the state a permanent access easement across
Road 4, the access drive that runs south of Keller, in form and
content acceptable to the state.
(E) The deed shall contain a deed restriction that the
grantee agrees that it shall not use, develop, or sell the
premises such that it will interfere with the quiet enjoyment of
the neighboring state-owned land.
(F) Upon payment of the purchase price, the Auditor of State,
with the assistance of the Attorney General, shall prepare a deed
to the real estate described in division (A) of this section. The
deed shall state the consideration and restrictions and shall be
executed by the Governor in the name of the state, countersigned
by the Secretary of State, sealed with the Great Seal of the
State, presented in the Office of the Auditor of State for
recording, and delivered to the grantee. The grantee shall present
the deed for recording in the Office of the Guernsey County
Recorder.
(G) The grantee shall pay all costs associated with the
purchase and conveyance of the real estate described in division
(A) of this section, including recordation costs of the deed.
(H) The net proceeds of the sale of the real estate described
in division (A) of this section shall be deposited in the State
Treasury to the credit of the General Revenue Fund.
(I) This section expires one year after its effective date.
Section 415. (A) The Governor is hereby authorized to execute
a deed in the name of the state conveying to the City of Norwalk,
its successors and assigns, all of the state's right, title, and
interest in the following described real estate:
SITUATED in the City of Norwalk, County of Huron, and State
of Ohio and known as part of Lot No. 1234, said part being bounded
as follows:
BEGINNING at a point on the north line of Monroe Street,
fifteen feet east of the Gilger Theater, thence easterly along the
north line of said Monroe Street, sixty-five feet, thence
northerly parallel with the east line of said Lot No. 1234, one
hundred and fifty feet, thence westerly, parallel with the north
line of said Monroe Street, sixty-five feet, thence southerly,
parallel with the east line of said Lot No. 1234, one hundred
fifty feet to the place of beginning.
And being the same premises heretofore conveyed by F.B. Case
and Elsie Hume Case, by deed of general warranty, to the State of
Ohio, dated the first of June, 1910, and recorded in Deed Book No.
77, pages 518-519, of the County of Huron, Ohio Record of Deeds.
Parcel Number: 33-0200-01-031-0000
(B) Consideration for the conveyance of the real estate
described in division (A) of this section shall be fifty-five
thousand dollars and paid to the state according to the following
schedule as derived by mutual agreement reached between the state
and the City of Norwalk through an executed offer to purchase:
(1) Twenty thousand dollars at closing and transfer of title
in accordance with this section.
(2) Twenty-five thousand dollars credited at closing for
tenant improvements the City of Norwalk has made to the real
estate described in division (A) of this section.
(3) Ten thousand dollars due and payable on the initial
anniversary of the closing date.
(C) The real estate described in division (A) of this section
shall be sold as an entire tract and not in parcels.
(D) Prior to the execution of the deed described in division
(E) of this section, possession of the real estate described in
division (A) of this section shall be governed by an existing
interim lease between the Ohio Department of Administrative
Services and the City of Norwalk.
(E) Upon payment of the purchase price, the Auditor of State,
with the assistance of the Attorney General, shall prepare a deed
to the real estate described in division (A) of this section. The
deed shall state the consideration and shall be executed by the
Governor in the name of the state, be countersigned by the
Secretary of State, sealed with the Great Seal of the State,
presented in the Office of the Auditor of State for recording, and
delivered to the City of Norwalk. The City shall present the deed
for recording in the Office of the Huron County Recorder.
(F) The deed shall contain the following deed restriction:
This conveyance is subject to the qualifications and
conditions set forth in the deed of F.B. and Elsie Hume Case to
the State of Ohio, bearing date June 1, 1910, recorded in the deed
records of Huron County, Volume 77, Pages 518 and 519, which deed
states that "[i]f at any time said premises shall cease to be used
as a site for an Armory or other Public Building, then said
premises shall revert to the said F.B. Case, the grantor, his
heirs or assigns, be the same more or less, but subject to all
legal highways.
(G) The City of Norwalk shall pay the costs of the conveyance
of the real estate described in division (A) of this section,
including recording costs of the deed.
(H) The net proceeds of the sales of the parcel described in
division (A) of this section shall be deposited in the state
treasury to the credit of the Armory Improvements Fund created
pursuant to section 5911.10 of the Revised Code.
(I) This section shall expire one year after its effective
date.
Section 417. (A) The Governor is hereby authorized to execute
a deed in the name of the state conveying to The University of
Toledo Foundation ("Grantee"), an Ohio 501(C)(3), not-for-profit
corporation, all of the state's right, title and interest in the
following described real estate:
A parcel of land in the southwest quarter of Fractional
Section 32, Town 9 South, Range 7 East, City of Toledo, Lucas
County, Ohio, comprising part of Joseph Brothers Addition recorded
in Plat Book 59, Page 26, Lucas County Recorder's Office, part of
the W.A. Hodge Addition, recorded in Plat Book 28, Page 21, Lucas
County Recorder's Office, and parts of vacated roads within the
W.A. Hodge Subdivision, further bounded and described as follows:
Commencing at the intersection of the centerlines of Dorr
Street, as it now exists, and Secor Road, as it now exists, said
intersection being marked with an empty monument box, (point
established using reference nails);
thence North 01 degrees 28 minutes 54 seconds West a distance
of 214.07 feet (214.20 feet record) along said centerline of Secor
Rd., to the northerly line of a parcel of land conveyed to JMB
Investments, LLC in Instrument Number 200612290087115, Lucas
County Recorder's Office;
thence North 89 degrees 57 minutes 51 seconds East a distance
of 50.01 feet along the northerly line of said JMB Investment
parcel, to the easterly existing right of way line of Secor Rd.,
(Railroad Spike found 0.04 feet North, 0.01 feet East), said point
being the TRUE POINT OF BEGINNING;
thence North 01 degrees 28 minutes 54 seconds West a distance
of 1055.10 feet along said easterly existing right of way line of
Secor Rd., same being the westerly line of said Joseph Brothers
Addition and the westerly property line of the Grantor, to a
capped iron rod set on the northerly line of said Joseph Brothers
Addition;
thence South 75 degrees 26 minutes 34 seconds East a distance
of 541.38 feet along said northerly line of said Joseph Brothers
Addition, same formally being the southerly right of way line of
the Toledo-Angola and Western Railroad, to a capped iron rod set;
thence South 00 degrees 03 minutes 32 seconds West a distance
of 162.81 feet along a line that is 5.00 feet westerly of and
parallel with a westerly face of Rocket Hall as it now exists, to
a capped iron rod set;
thence North 89 degrees 56 minutes 28 seconds West a distance
of 9.60 feet along a line that is 5.00 feet westerly of and
perpendicular to a westerly face of Rocket Hall as it now exists,
to a capped iron rod set;
thence South 00 degrees 03 minutes 32 seconds West a distance
of 30.28 feet along a line that is 5.00 feet westerly of and
parallel with a westerly face of Rocket Hall as it now exists, to
a capped iron rod set;
thence North 89 degrees 56 minutes 28 seconds West a distance
of 34.30 feet along a line that is 5.00 feet westerly of and
perpendicular to a westerly face of Rocket Hall as it now exists,
to a capped iron rod set;
thence South 00 degrees 03 minutes 32 seconds West a distance
of 116.56 feet along a line that is 5.00 feet westerly of and
parallel with a westerly face of Rocket Hall as it now exists, to
a capped iron rod set;
thence North 89 degrees 56 minutes 28 seconds West a distance
of 14.10 feet along a line that is 5.00 feet westerly of and
perpendicular to a westerly face of Rocket Hall as it now exists,
to a capped iron rod set;
thence South 00 degrees 03 minutes 32 seconds West a distance
of 227.18 feet along a line that is 5.00 feet westerly of and
parallel with a westerly face of Rocket Hall as it now exists, to
a capped iron rod set;
thence South 89 degrees 56 minutes 28 seconds East a distance
of 13.49 feet along a line that is 5.00 feet westerly of and
perpendicular to a westerly face of Rocket Hall as it now exists,
to a capped iron rod set;
thence South 00 degrees 03 minutes 32 seconds West a distance
of 77.47 feet along a line that is 5.00 feet westerly of and
parallel with a westerly face of Rocket Hall as it now exists, to
a capped iron rod set;
thence South 89 degrees 56 minutes 28 seconds East a distance
of 394.66 feet along a line that is 5.00 feet southerly of and
parallel with a southerly face of Rocket Hall as it now exists, to
a "MAG" nail set on the approximate centerline of West Campus
Road, a private road on the campus of the University of Toledo;
thence South 00 degrees 01 minutes 03 seconds East a distance
of 207.74 feet along the approximate centerline of said West
Campus Rd., to a "MAG" nail set at a point of curvature in said
approximate centerline;
thence in a southeasterly direction along the approximate
centerline of said West Campus Rd., along an arc of curve to the
left an arc distance of 233.19 feet to a "MAG" nail set at the
point of tangency, said arc of arc curve to the left having a
radius of 148.50 feet, a central angle of 89 degrees 58 minutes 25
seconds, a chord distance of 209.96 feet and a chord bearing of
South 45 degrees 00 minutes 15 seconds East;
thence South 89 degrees 59 minutes 28 seconds East a distance
of 575.63 feet along the approximate centerline of said West
Campus Rd., to a "MAG" nail set at a point of curvature in said
approximate centerline;
thence in a northeasterly direction along an arc that is
approximately 15 feet northwesterly of the southerly face of curb
line of said West Campus Rd., along an arc of curve to the left an
arc distance of 179.70 feet to a "MAG" nail set at a point of
tangency, said arc of curve to the left having a radius of 250.50
feet, a central angle of 41 degrees 06 minutes 10 seconds, a chord
distance of 175.87 feet and a chord bearing of North 69 degrees 27
minutes 27 seconds East:
thence North 48 degrees 54 minutes 22 seconds East a distance
of 135.26 feet along a line that is approximately 15 feet
northwesterly of the southerly face of curb line of said West
Campus Rd., to a "MAG" nail set at a point of curvature;
thence in an easterly direction, along an arc that is
approximately 15 feet northerly of the southerly face of curb line
of said West Campus Rd., along an arc of curve to the right an arc
distance of 140.67 feet to a "MAG" nail set an a point of compound
curvature, said arc of curve to the right having a radius of
166.50 feet, a central angle of 48 degrees 24 minutes 27 seconds,
a chord distance of 136.52 feet and a chord bearing of North 73
degrees 06 minutes 35 seconds East;
thence in a southeasterly easterly direction along an arc
that is approximately 15 feet northeasterly of the westerly face
of curb line of said West Campus Rd., along an arc of curve to the
right an arc distance of 69.61 feet to a "MAG" nail set at a point
of tangency, said arc of curve to the right having a radius of
49.00 feet, a central angle of 81 degrees 24 minutes 02 seconds, a
chord distance of 63.91 feet and a chord bearing of South 41
degrees 59 minutes 10 seconds East;
thence South 01 degrees 17 minutes 09 seconds East a distance
of 42.68 feet along a line that is approximately 15 feet easterly
of the westerly face of curb line of said West Campus Rd to a
"MAG" nail;
thence South 00 degrees 04 minutes 25 seconds East a distance
of 206.93 feet along a line that is approximately 15 feet easterly
of the westerly face of curb line of said West Campus Rd to a
"MAG" nail set on the northerly existing right of way line of said
Dorr St.;
thence North 90 degrees 00 minutes 00 seconds West a distance
of 536.86 feet along said northerly existing right of way line of
Dorr St., said line being 54 feet northerly of and parallel with
the centerline of said Dorr St. and also being the southerly
property line of the Grantor, to an capped iron rod set;
thence South 89 degrees 57 minutes 51 seconds West a distance
of 779.02 feet continuing along said northerly existing right of
way line of Dorr St., said line being 54.00 feet northerly of and
parallel with the centerline of said Dorr St. and also being the
southerly property line of the Grantor, to an capped iron rod set
on the easterly line of said Joseph Brothers Addition;
thence South 00 degrees 04 minutes 11 seconds West a distance
of 4.00 feet continuing along said northerly existing right of way
line of said Dorr St., same being the easterly line of said Joseph
Brothers Addition and a westerly property line of the Grantor, to
a capped iron rod set;
thence South 89 degrees 57 minutes 51 seconds West a distance
of 560.29 feet continuing along said northerly existing right of
way line of said Dorr St., same being the southerly line of said
Joseph Brothers Addition and the southerly property line of the
Grantor to a point on the easterly line of a parcel of land
conveyed to JMB Investments, LLC in Instrument Number
200612290087115, Lucas County Recorder's Office, (D.G. Bohning
capped iron rod found 0.08 feet North, 0.00 feet East);
thence North 00 degrees 02 minutes 09 seconds West a distance
of 164 feet along said easterly line of a parcel of land conveyed
to JMB Investments, LLC, to a point, ("MAG" nail found 0.00 feet
North, 0.06 feet East);
thence South 89 degrees 57 minutes 51 seconds West a distance
of 135.39 feet along said northerly line of a parcel of land
conveyed to JMB Investments, LLC to the TRUE POINT OF BEGINNING
enclosing an area of 20.140 acres, more or less, contained within
Lucas County Auditor's parcel numbers 20-83900 (1.004 acres),
20-83911 (1.467 acres), 20-83920 (0.560 acres), 20-83931 (0.390
acres), 20-83941 (1.659 acres), 20-83960 (9.101 acres) and
20-83964 (0.348 acres) within said Joseph Brothers Addition and
Lucas County Auditor's parcel number 20-83720 (5.611 acres) within
said W.A. Hodge Addition, subject to any and all leases, easements
and restrictions of record.
The basis of bearings shown are relative an assumed meridian
and are shown to denote angular measurement only.
This description was prepared by Teresa L. Tucker and
reviewed by Kenneth E. Ducat, Registered Surveyor Number 6783, DGL
CONSULTING ENGINEERS, LLC, on September 4, 2008. This description
is based on a field survey made in January of 2008 by DGL
CONSULTING ENGINEERS, LLC under the direction and supervision of
Kenneth E. Ducat, Registered Surveyor No. 6783.
(B) Consideration for the conveyance of the real estate
described in division (A) of this section shall be the mutual
benefit accruing to the state and the Grantee for a new parking
structure. The following conditions apply to the transaction:
(1) Grantee will facilitate a development on the real estate
described in division (A) of this section pursuant to a request
for proposal issued by Grantee;
(2) Grantee shall construct a parking structure built upon
the real estate described in division (A) of this section in the
initial phase of the development. The University of Toledo shall
have use of the parking structure for its students, faculty, and
staff. The University of Toledo shall not be financially
responsible for construction of or any current or future
maintenance to the parking structure.
(3) The value derived by The University of Toledo from the
Grantee is determined to be $15,000 per parking space calculated
to guarantee a minimum total tangible value of $7,500,000 over a
term of forty years, commencing on the date The University of
Toledo begins use of the proposed parking spaces.
(4) A condition precedent to the delivery of the deed shall
be approval by the Ohio Attorney General's Office of a lease
agreement between The University of Toledo and the Grantee
affecting the proposed parking structure.
The real estate closing for delivery of the deed and the
closing of construction financing by the Grantee or Grantee's
developer for the first phase of construction shall be
simultaneous.
(C) The real estate described in division (A) of this section
shall be sold as an entire tract and not in parcels.
(D) Prior to the execution of the deed described in division
(E) of this section, possession of the real estate described in
division (A) of this section shall be governed by an existing
interim lease between the Ohio Department of Administrative
Services and the Grantee.
(E) The Auditor of State, with the assistance of the Attorney
General, shall prepare a deed to the real estate described in
division (A) of this section. The deed shall state the
consideration and shall be executed by the Governor in the name of
the state, countersigned by the Secretary of State, sealed with
the Great Seal of the State, presented in the Office of the
Auditor of State for recording, and delivered to the Grantee. The
Grantee shall present the deed for recording in the office of the
Lucas County Recorder.
(F) The Grantee shall pay the costs of the conveyance of the
real estate described in division (A) of this section, including
recordation costs of the deed.
(G) This section expires two years after its effective date.
Section 419. (A) The Governor is hereby authorized to execute
a deed in the name of the state conveying to Mr. Charles Knapke as
the Grantee, and his successors and assigns, all of the state's
right, title, and interest in the following described real estate:
DESCRIPTION FOR 1.353 ACRE PARCEL
Situated in the State of Ohio, County of Mercer, Township of
Liberty, being part of the Northeast Quarter of Section 28,
Township 5 South, Range 1 East, and being 1.353 acres out of that
3.789 acre tract as conveyed to State of Ohio in Official Record
Book 153, Page 48, all references being to those of record in the
Recorder's Office, Mercer County, Ohio, said 1.353 acre parcel
being more particularly bounded and described as follows:
Commencing at a mag nail found at the southeast comer of the
northeast quarter of Section 28, and at intersection of Skeels
Road (60 foot in width) and Wabash Road (40 foot in width);
Thence along the centerline of said Skeels Road and the half
section line of Section 28, North 88°07'29" West, 818.74 feet to a
railroad spike found at the southwesterly comer of that 2.995 acre
tract as conveyed to Charles G. Knapke and Martin R. Knapke in
Deed Volume 322, Page 542, said railroad spike being the Point of
Beginning of the 1.353 acre parcel herein described;
Thence continuing along the said centerline and the said half
section line, North 88°07'29" West, 177.97 feet to a point;
Thence across said 3.789 acre tract, North 01°09'03" East,
passing an iron pin set in the northerly line of said Skeels Road
at 30.00 feet, a total distance of 312.83 feet to an iron pin set
on the southerly property line of that 143.225 acre tract as
conveyed to Hope E. Rock in Deed Volume 260, Page 340;
Thence along the southerly line of said Hope E. Rock tract,
South 87°34'57" East, 200.00 feet to an iron pin found;
Thence along the westerly line of the said Charles G. Knapke
and Martin R. Knapke tract, South 05°12'03" West, passing an iron
pin found in the northerly line of said Skeels Road at 281.45
feet, a total distance of 311.44 feet to the Point of Beginning
and containing 1.353 total acres (0.123 acres in Right-of-Way,
leaving a residual of 1.230 acres), more or less according to a
survey conducted by Jobes Henderson & Associates, Inc. in May of
2007.
Said 1.353 acre tract to be added to the tract to the East,
2.995 acre tract as conveyed to Charles G. Knapke and Martin R.
Knapke in Deed Volume 322, Page 542.
The above described 1.353 acre parcel is contained within
Mercer County Auditor Parcel Number 04-28-200-002, Tax Number
28-009350.0000.
The bearings in the above description are based on the Ohio
State Plane Coordinate System, Ohio North Zone, NAD83.
All iron pins set are 5/8" rebar by 30 inches in length with
red surveyors identification caps marked "J&H, PS 8283".
DESCRIPTION FOR 2.414 ACRE PARCEL
Situated in the State of Ohio, County of Mercer, Township of
Liberty, being part of the Northeast Quarter of Section 28,
Township 5 South, Range 1 East, and being 2.414 acres out of that
3.789 acre tract as conveyed to State of Ohio in Official Record
Book 153, Page 48, all references being to those of record in the
Recorder's Office, Mercer County, Ohio, said 2.414 acre parcel
being more particularly bounded and described as follows:
Commencing at a mag nail found at the southeast corner of the
northeast quarter of Section 28, and at intersection of Skeels
Road (60 foot in width) and Wabash Road (40 foot in width);
Thence along the centerline of said Skeels Road and the half
section line of Section 28, North 88°07'29" West, passing a
railroad spike found at the southwesterly corner of that 2.995
acre tract as conveyed to Charles G. Knapke and Martin R. Knapke
in Deed Volume 322, Page 542 at 818.74 feet, a total distance of
996.71 feet, said point being the Point of Beginning of the 2.414
acre parcel herein described;
Thence continuing along the said centerline and the said half
section line, North 88°07'29" West, 334.53 feet to a mag nail
found at the southeasterly corner of that 143.225 acre tract as
conveyed to Hope E. Rock in Deed Volume 260, Page 340;
Thence along the easterly line of said Hope E. Rock tract,
North 01°09'03" East, passing an iron pin found in the northerly
line of said Skeels Road at 30.00 feet, a total distance of 316.00
feet to an iron pin set;
Thence along the southerly line of said Hope E. Rock tract,
South 87°34'57" East, 334.59 feet to an iron pin set;
Thence across said 3.789 acre tract, South 01°09'03" West,
passing an iron pin set in the northerly line of said Skeels Road
at 282.83 feet, a total distance of 312.83 feet to the Point of
Beginning and containing 2.414 acres (0.230 acres in Right-of-Way,
leaving a residual of 2.184 acres), more, more or less according
to a survey conducted by Jobes Henderson & Associates, Inc. in May
of 2007.
The above described 2.414 acre parcel is contained within
Mercer County Auditor Parcel Number 04-28-200-002, Tax Number
28-009350.0000.
The bearings in the above description are based on the Ohio
State Plane Coordinate System, Ohio North Zone, NAD83.
All iron pins set are 5/8" rebar by 30 inches in length with
red surveyors identification caps marked "J&H, PS 8283".
Subject to all valid and existing easements, restrictions and
conditions of record.
(B) Consideration for the conveyance of the real estate
described in division (A) of this section is the purchase price of
twenty thousand seven hundred eighteen dollars and fifty cents.
(C) The real estate described in division (A) of this section
shall be sold as an entire tract and not in parcels.
(D) Upon payment of the purchase price, the Auditor of State,
with the assistance of the Attorney General, shall prepare a deed
to the real estate described in division (A) of this section. The
deed shall state the consideration and shall be executed by the
Governor in the name of the state, countersigned by the Secretary
of State, sealed with the Great Seal of the State, presented in
the Office of the Auditor of State for recording, and delivered to
the Grantee. The Grantee shall present the deed for recording in
the Office of the Mercer County Recorder.
(E) The Grantee shall pay the costs of the conveyance of the
real estate described in division (A) of this section, including
recordation costs of the deed.
(F) The net proceeds of the sale of the real estate described
in division (A) of this section shall be deposited in the State
Treasury to the credit of the General Revenue Fund.
(G) This sale shall not occur until the MARCS Celina Tower in
Mercer County is fully functioning.
(H) This section shall expire two years after its effective
date.
Section 421. (A) The Governor is hereby authorized to execute
a deed in the name of the state conveying to the Dayton Public
School District/Dayton Board of Education, hereafter the grantee,
and its successors and assigns, all of the state's right, title,
and interest in the following described real estate:
SITUATED in Section 26, Township 2, Range 7 of the Miami
River Survey, the City of Dayton, the County of Montgomery, the
State of Ohio, being a 2.2361-acre portion of a 15-acres 30-rods
tract conveyed to the State of Ohio as recorded in Deed Book U-2,
Page 40, and being a 22.5673-acre portion of a 24.36-acre tract of
land conveyed to the Trustees of the Southern Ohio Lunatic Asylum
as recorded in Deed Book N-3, Page 233, being an 4.6813-acre
portion of a 21.25-acre tract of land conveyed to the State of
Ohio as recorded in Deed Book 169, Page 583, and being an
8.6742-acre portion of a 33.5-acre tract as conveyed to the State
of Ohio as recorded in Deed Book 169, Page 585, being an
7.2010-acre portion of a 10.544-acre tract of land as conveyed to
the State of Ohio as recorded in Deed Book 138, Page 125 and being
a portion of City of Dayton Lot Number 61376 and all of Lot Number
61377 of the revised and consecutive numbers of lots on the plat
of the City of Dayton and more particularly bounded and described
as follows:
BEGINNING at a capped 5/8" iron pin found stamped "Woolpert"
at the southeast corner of a 2.881-acre tract being Parcel 2 of
the Wilmington Woods Plat as recorded in Plat Book 134, Page 3A,
said point also being the northeast corner of an 8.338-acre tract
of land conveyed to Barry K. Humphries as recorded in Microfiche
01-O590A04 and the TRUE POINT OF BEGINNING;
THENCE with the east line of said 2.881-acre tract being
Parcel 2 and the West line of a 24.36-acre tract of land conveyed
to the Trustees of the Southern Ohio Lunatic Asylum as recorded in
Deed Book N-3, Page 233, North 00°32'15" East a distance of 459.39
feet to a RR Spike set in the centerline of Wayne Avenue, passing
a 5/8 inch iron pin set at the northeast corner of said 2.881-acre
tract and the south right-of-way of Wayne Avenue at 429.39 feet;
THENCE with the centerline of Wayne Ave and the north lines
of said 24.36-acre tract and said 21.25-acre tract, South
89°18'28" East a distance of 790.80 feet to a RR spike set at the
northwest corner of a 1.056-acre tract of land conveyed to the
City of Dayton as recorded in M.F. No. 90-424 EO9;
THENCE with the west line of said 1.056-acre tract and the
east line of said 21.25 acre tract, South 1°17'05" West a distance
of 230.89 feet to a 5/8 inch iron pin stamped "Riancho," passing a
5/8 inch iron set at the south right of way of Wayne Avenue at
30.00 feet;
THENCE with the south line of said 1.056-acre tract and the
south line of a 1.056-acre tract of land conveyed to the City of
Dayton as recorded in M.F. No. 78-725 B08, South 89°27'55" East a
distance of 400.00 feet to a found 5/8" iron pin and passing a 5/8
inch iron pin found stamped "Riancho" at 200.00 feet;
THENCE with the east line of said 1.056-acre tract and the
west line of said 33.5-acre tract as conveyed to the State of Ohio
as recorded in Deed Book 169, Page 585, North 1°17'05" East a
distance of 229.79 feet to a RR spike set, passing a 5/8 inch iron
pin set at the south right-of-way of Wayne Avenue at 199.79 feet;
THENCE with the centerline of Wayne Avenue and the north line
of said 33.5-acre tract, South 89°18'28" East a distance of 270.78
feet to a RR spike set at the intersection of the centerlines of
Waterveliet Avenue and Wayne Avenue;
THENCE with the centerline of Waterveliet Avenue and with the
northerly line of said 33.5-acre tract, South 55°21'16" East a
distance of 231.10 feet to a RR spike set;
THENCE with the east line of said 33.5-acre tract and the
west line of a 13.00-acre tract conveyed to the Board of Education
of the Dayton City School District as recorded in Deed Book 1522,
Page 341, South 00°48'28" West a distance of 709.51 feet to a 5/8
inch iron pin set;
THENCE with a new division line, North 89°11'12" West, a
distance of 468.08 feet to a 5/8 inch iron pin set, in the west
line of said 33.5-acre tract and the east line of said 21.25-acre
tract, to a 5/8 inch iron pin set;
THENCE with the west line of said 33.5-acre tract and the
east line of said 21.25-acre tract, North 01°7'55" East a distance
of 141.74 feet to a 5/8 inch iron pin set;
THENCE with a new division line, North 89°15'53" West,
passing the west line of said 21.25-acre tract and the east line
of said 24.36-acre tract conveyed to the Trustees of the Southern
Ohio Lunatic Asylum as recorded in Deed Book N-3, Page 233 at a
distance of 425.35 feet, for a total distance of 507.35 feet to a
5/8 inch iron pin set;
THENCE with a new division line South 1°7'0" West passing the
south line of a 24.36-acre tract conveyed to the Trustees of the
Southern Ohio Lunatic Asylum as recorded in Deed Book N-3, Page
233 and the north line of said 10.544-acre tract at a distance of
627.92 feet, for a total distance of 1,013.05 feet to a 5/8 inch
iron pin set in the south line of said 10.544-acre tract;
THENCE with the south line of said 10.544-acre tract and the
north line of a 20.3-acre tract conveyed to the State of Ohio
Department of Public Works for the use of the Department of Public
Welfare, Dayton State Hospital as recorded in Deed Book 1326, Page
247, North 88°52'07" West a distance of 808.89 feet to a 5/8 inch
iron pin set in the east line of a 11.579-acre tract of land
conveyed to the Hospice of Dayton as recorded in Microfiche
94-0448C08;
THENCE with the east line of said 11.579-acre tract of land,
the east line of said 8.338-acre tract as conveyed to Barry K.
Humphries as recorded in M.F. number 01-0590 A04, the west line of
said 10.544-acre tract, and the west line of said 2.36-acre tract,
North 3°24'08" West a distance of 956.68 feet to a 5/8 inch iron
pin set;
THENCE with an easterly line of said 8.338-acre tract, the
westerly line of said 24.36-acre tract, and the north line of said
2.36-acre tract, North 49°49'38" East a distance of 275.99 feet to
a capped 5/8 inch iron pin found stamped "LJB";
THENCE with the east line of said 8.338-acre tract and the
west line of a 24.36-acre tract, North 00°32'15" East a distance
of 108.09 feet to a capped 5/8" iron pin stamped "Woolpert" and
the TRUE POINT OF BEGINNING, containing 45.3599 acres more or
less; subject to all easements, agreements and right-of-ways of
record.
The basis of bearings for this description is the easterly
line of Parcel 2, South 00°32'15" West, as recorded in the
Wilmington Woods Plat as recorded in Plat Book 134, Page 3A.
All iron pins set in the above boundary description are 5/8"
(O.D.), 30" long with a plastic cap stamped "LJB."
(B) Consideration for the conveyance of the real estate
described in division (A) of this section is the transfer to the
state of 8.9874 acres adjacent to the remaining Twin Valley
Behavioral Healthcare/Dayton Campus at no cost subject to the
following conditions after conveyance:
(1) Within 180 days grantee at its own cost shall complete
construction of Maplewood Avenue, which will provide new access
from the 8.9874 acres to the remaining Twin Valley Behavioral
Healthcare /Dayton Campus which pursuant to division (B) of this
section will become the property of the State.
(2) Within 340 days after the occupancy of the New Belmont
High School, grantee shall be responsible for the demolition and
environmental restoration of the 8.9874 acres being transferred to
the State of Ohio.
(3) Should the grantee insufficiently perform its obligations
in regard to the demolition and environmental restoration as
determined by the Director of Mental Health, the grantee will pay
to the state one million one hundred seventy-five thousand
dollars, which reflects the appraised value of the 45.3599 acres
less the cost of demolition, site, and utility work in lieu of the
transfer of 8.9874 acres.
(C) The real estate described in division (A) of this section
shall be sold as an entire tract and not in parcels.
(D) Upon payment of the purchase price, the Auditor of State,
with the assistance of the Attorney General, shall prepare a deed
to the real estate described in division (A) of this section. The
deed shall state the consideration and shall be executed by the
Governor in the name of the state, countersigned by the Secretary
of State, sealed with the Great Seal of the State, presented in
the Office of the Auditor of State for recording, and delivered to
the grantee. The grantee shall present the deed for recording in
the Office of the Montgomery County Recorder.
(E) The grantee shall pay all costs associated with the
purchase and of the conveyance of the real estate described in
division (A) of this section, including recordation costs of the
deed.
(F) The net proceeds of the sale of the real estate described
in division (A) of this section shall be deposited in the State
Treasury to the credit of the State General Revenue Fund.
(G) This section shall expire two years after its effective
date.
Section 423. (A) The Governor is hereby authorized to
execute a deed in the name of the state conveying to the Scioto
Township Board of Trustees, hereafter the grantee, and its
successors and assigns, all of the state's right, title, and
interest in the following described real estate:
Situated in the Township of Scioto, County of Pickaway, the
State of Ohio and a part of V.M.S 931 being more particularly
bounded and described as follows:
Being a part of a 1,324.473 acre tract as shown on Plat of
Survey recorded in Plat Book 7, Page 201 in the Pickaway County
Recorder's Office also reference Deed Book 71, Pages 185-186 in
the Pickaway County Recorder's Office;
Beginning at a point in the centerline of State Route 762
being N83º29'25"W 1482.99 feet distant from the point of
intersection of said centerline with the centerline of Morgan
Road;
Thence with the centerline of State Route 762 N83º30'09"W
484.00 feet to a point;
Thence leaving said centerline and going with three new lines
through said 1,324.473 acre tract the following calls;
N06º29'51"E 450.00 feet (passing an iron pin set at 35.00
feet) to an iron pin set;
Thence S83º30'09"E 484.00 feet to an iron pin set;
Thence S06º29'51"W 450.00 feet (passing an iron pin set at
415.00 feet) to the POINT OF BEGINNING:
Containing 5.000 Acres, more or less.
Subject to all existing valid rights-of-way and easements of
record.
Bearing reference for this survey is the North line of the
above referenced 1,324.473 acre tract as described in Plat Book 7,
page 201 being S79º55'28"E.
All iron pins are set 5/8" diameter X30" long rebar with a
yellow plastic identification cap stamped "M.E. CLARK ASSOC."
(B) Consideration for conveyance of the real estate described
in division (A) of this section is the purchase price of five
thousand dollars.
(C) The real estate described in division (A) of this section
shall be sold as an entire tract and not in parcels.
(D) Upon payment of the purchase price, the Auditor of State,
with the assistance of the Attorney General, shall prepare a deed
to the real estate described in division (A) of this section. The
deed shall state the consideration and restrictions and shall be
executed by the Governor in the name of the state, countersigned
by the Secretary of State, sealed with the Great Seal of the
State, presented in the Office of the Auditor of State for
recording, and delivered to the grantee. The grantee shall present
the deed for recording in the Office of the Pickaway County
Recorder.
(E) The deed shall contain a deed restriction that the
grantee shall use the real estate described in division (A) of
this section solely for fire station, emergency medical services
and its employee training, law enforcement and other criminal
justice purposes, or governmental functions and offices of the
Villages of Orient. Such uses shall not in any way adversely
affect the use and operation of the Multi-Agency Radio
Communication System located adjacent to the real estate described
in division (A) of this section.
(F) The deed shall contain a deed restriction that requires
the grantee to initiate construction within five years of the
effective date of this act. In the event the grantee breaches the
provision of division (F) of this section, title to the real
estate described in division (A) of this section may revert to the
State, at the sole discretion of the Director of Administrative
Services and the Department of Rehabilitation and Correction, for
the jurisdictional use of the Department of Rehabilitation and
Correction and the Department of Rehabilitation and Correction
shall reimburse grantee the purchase price of five thousand
dollars.
(G) The grantee shall pay the costs of the conveyance of the
real estate described in division (A) of this section, including
recordation costs of the deed.
(H) The net proceeds of the sale of the real estate described
in division (A) of this section shall be deposited in the State
Treasury to the credit of the General Revenue Fund.
(I) This section expires one year after its effective date.
Section 425. (A) The Governor is hereby authorized to
execute a deed in the name of the state conveying to the Preble
Shawnee Local School District, Preble County, Ohio, and its
successors and assigns, all of the state's right, title, and
interest in the following described real estate:
Parcel One
SITUATED in Section 9, Gratis Township, Preble County, Ohio
and being 30.474 acres, part of an original 160 acre tract as
described in Deed Book 231, page 401. Preble County Deed Records,
the same being under land contract as described in Deed Book 219,
Page 680,P.C.D.R.; said 30.474 acre tract being bounded and
described as follows:
BEGINNING at the southwesterly corner of Section 9 on the
centerline of Somers-Gratis Road, the same being the southeasterly
corner of Section 8;
THENCE from said point of beginning and along the westerly
line of said Section 9, the same being the easterly line of
Section 8 North 0° 03' 12" West 2655.10 feet to the northwesterly
corner of the southwesterly corner of Section 9;
THENCE along the one-half section of said Section 9, the same
being the southerly line of an original 173 acre tract (Deed Book
253, Page 652, PCDR), and also being the northerly line of the
aforesaid original 160 acre tract (Deed Book 231, Page 401 and
Deed Book 219, Page 680, P.C.D.R.) SOUTH 89° 57'19" East 500.00
feet;
THENCE in said original 160 acre tract by new division line
SOUTH 0° 03' 12" East 2654.71 feet to the southerly line of
Section 9 on the centerline of Somers-Gratis Road;
AND THENCE along said west line 500.00 feet to the point of
beginning CONTAINING 30.474 acres, according to a survey (Drawing
E-7631) by Duane, Hasselbring. Kuhlman and Associates, Registered
Surveyors, Middletown, Ohio, December, 1980. V. Frederic Duane,
Ohio Registered Surveyor No. 4494. Subject however to all rights
of way, easements and restrictions of record, heretofore granted
which are applicable to and effective against said property.
Parcel Number C424309300000010000.
Parcel Two
Situated in Section 8, Town 4, Range 3 East, Gratis Township,
Preble County, Ohio, and being the original 57 acre tract (61.464
acres by new survey) as described in Deed Book 299, Page 74,
Preble County Deed Records; said 61.464 acre tract being bounded
and described as follows:
BEGINNING at the southwesterly corner of Section 8 on the
centerline of Somers-Gratis Road, the same being the southwesterly
corner of Section 9;
thence from said point of beginning and continuing along said
centerline south 89° 56' 33" west 1006.05 feet to the
southwesterly corner of the herein described 61.464 acre tract,
the same being the southwesterly corner of the aforesaid original
57 acre tract, and also being the southeasterly corner of a 40.324
acre tract (Deed Book 315, Page 387, P.C.D.R.);
thence along the westerly line of the herein described tract,
the same being the easterly line of the aforesaid 40.324 acre
tract and the easterly line of the 54.37 acre tract (Deed Book
271, Page 135, P.C.D.R.) the following courses:
(1) North 0° 06' 52" West 1020.18 feet;
(2) North 0° 02' 59" West 1592.60 feet to the northwesterly
corner of the herein described tract, on the one half section
line, the same being the southerly line of a 157 acre tract as
described in Deed Book 271, Page 135 P.C.D.R.;
thence along the said line South 89° 37' 15' east 1007.13 to
the northeasterly corner of the southeasterly one quarter of
Section 8, the same being the northwesterly corner of the
southwesterly one quarter of Section 9;
And thence along the easterly line of Section 8 South 0° 03'
12" East 2655.10 feet to the point of beginning, containing 61.464
acres according to a survey (drawing E-7631) by Duane,
Hasselbring, Kuhlman & Associates, Registered Surveyors,
Middletown, Ohio, December, 1980. V. Frederic Duane, Ohio
Registered Surveyor No. 4494. Said land being subject to an
easement granted to Dayton Power and Light by Deed Vol. 185, page
264, P.C.D.R.. Said land being further subject to all rights of
way, easements and restrictions of record heretofore granted with
are applicable to and effective against said property.
Parcel Number C424308400000020000
(B) Consideration for conveyance of the real estate described
in division (A) of this section is the purchase price of ten
dollars. The real estate was originally conveyed to the State of
Ohio as collateral for school construction facility bonds issued.
Once the construction project was completed, the state was to have
conveyed title to the real estate back to the Preble Shawnee Local
School District, which conveyance never occurred. This section
corrects that oversight.
(C) The Preble Shawnee Local School District shall pay all
costs associated with the purchase and conveyance of the real
estate described in division (A) of this section, including, but
not limited, to recordation costs of the deed.
(D) Possession of the premises prior to transfer shall be
governed by an existing interim lease between the State of Ohio
and the Preble Shawnee Local School District.
(E) Upon payment of the purchase price, the Auditor of State,
with the assistance of the Attorney General, shall prepare a deed
to the real estate described in division (A) of this section. The
deed shall be executed by the Governor in the name of the state,
countersigned by the Secretary of State, sealed with the Great
Seal of the State, presented in the Office of the Auditor of State
for recording, and delivered to the Preble Shawnee Local School
District. The School District shall present the deed for recording
in the Office of the Preble County Recorder.
(F) The net proceeds of the sale of the real estate described
in division (A) of this section shall be deposited in the State
Treasury to the credit of the General Revenue Fund.
(G) This section expires one year after its effective date.
Section 427. (A) Pursuant to Section 5911.10 of the Revised
Code, the Governor is hereby authorized to execute a deed in the
name of the state, conveying to a buyer or buyers to be determined
in the manner provided in division (C) of this section, and the
buyer's or buyers' successors and assigns or heirs and assigns,
all of the state's right, title and interest in the following
described parcels of real estate that the Adjutant General has
determined are no longer needed by the Ohio National Guard for
armory or military purposes:
Parcel No. 1 Delaware Armory property
Situated in the County of Delaware, in the State of Ohio, and
in the City of Delaware, and bounded and described as follows:
Being in lot No. eighty-eight (88) as designated on the town plat
of the said town of Delaware, excepting therefrom 43 feet from the
east side thereof, being the same premises conveyed by H. E.
Martin and wife to E. A. Adams by deed date July 2, 1869. Also all
that part of a fractional lot lying immediately south of In-Lot 88
in the Town of Delaware, County of Delaware, and State of Ohio,
sold by Lucy Martin and her husband to E. A. Adams not conveyed by
quit-claim deed to one Calvin Welch, and being the same premises
conveyed to B. H. Hyatt by William Brown, Sheriff of Delaware
County on the 4th Day of January A.D. 1873, being the same more of
less, but subject to all legal highways, and being the same
premises conveyed by B. H. Hyatt and wife to Margaret A. Perry,
March 16, 1878 and recorded on Volume 71, Page 363, Delaware
County Record of Deeds.
Permanent Parcel No: 519-433-02-004-000
79 West William Street, Delaware, Ohio 43015
Parcel No. 2 Ashland Armory property
Situated in the City of Ashland, County of Ashland, State of
Ohio. Being a part of the Northeast Quarter of Section 17,
Township 22, Range 16 and bounded and described as follows:
Commencing at an iron pin on the North line of East Main
Street at the Southwest corner of that parcel of land deeded by
the heirs-at-law of Mary Cummings and L.Q. Cummings, deceased to
Phillip A. Myers by deed dated November 25th, 1922, recorded in
Volume 151, Page 12 Ashland County, Ohio, Deed Records, which iron
pin is North 70°14' West a distance of four hundred and
seventy-five and thirty hundredths (475.30) feet from an iron pin
at the Northwest corner of East Main and Holbrook Streets, thence
from said beginning point North 17°55' East a distance of three
hundred eighty-nine and eight hundredths (389.08) feet to a stake
on the south line of lands conveyed April 23, 1921 by the heirs of
Mary Cummings and L.Q. Cummings, deceased, to Philip A. Myers,
which deed is recorded in Volume 149, Page 93, of the Deed Records
of Ashland County, Ohio, and to which reference is hereto made;
thence with said last mentioned line North 74°and 23' East and
along the South line of said Myers land a distance of two hundred
ten and thirty-five hundredths (210.35) feet to a stake in the
creek; thence South 17°55" West and parallel to the West line of
lands herein conveyed a distance of five hundred nine and seven
hundredths (509.07) feet to an iron pin on the North line of East
Main Street; thence North 70°14' West and along the North line of
said East Main Street a distance of one hundred and seventy-five
and five hundredths (175.05) feet to the place of beginning as
surveyed November 16, 1922, by E. L. Berry, City Engineer.
Parcel No. 3 Mansfield Armory property
Situated in the City of Mansfield, County of Richland, and
State of Ohio and bounded and described as follows:
Beginning at the intersection of the centerline of Ashland
Road of Lincoln Highway and the centerline of Ritter's Run where
the same crosses said Highway: thence in an easterly direction
along the center line of said Ritter's Run three hundred and fifty
and three tenths feet (350.3): thence east long the center of said
creek following a curve of twelve degrees to the left, two hundred
thirteen and nineteen hundredths (213.19) feet; thence east on a
straight line along the center line of said creek six hundred a
five foot (605); thence following curve of twelve degrees south
and east along said center line of said creek one hundred and
fifty six (156) feet; thence east one hundred feet (100) to the
center line of the Rocky Fork; thence North and West along the
centerline of the Rocky Fork as now constructed two hundred and
fifty (250) feet; thence west fifty feet (50) to an iron pin on
the west bank of said Rocky Fork; thence west and continuing on
same course, parallel with the center line of said Ritter's Run
and two hundred feet (200) distance therefrom a distance of four
hundred and seventy seven and five tenths (477.5) feet; thence in
a north westerly direction on a line at right angle to Ashland
Road a distance of one hundred and ninety five and four tenths
(195.4) feet to an iron pin on the south side of Ashland Road,
then continuing on the previous course thirty (30) feet to the
center of Ashland Road; thence south forty nine (49) degrees west
along the center line of said Ashland Road, one hundred and fifty
five and nine tenths (155.9) feet to the center line of East
Fourth Street; thence continuing along the center line of said
Ashland Road a distance of six hundred and twenty two and nine
tenths 9622.9) feet to the place of beginning, containing 5.64
Acres, more or less.
Save and except the following 0.70 acre tract as shown in
Official Record Volume 960, Page 134, Recorder's Office, Richland
County, Ohio:
Situated in the City of Mansfield, County of Richland, and
State of Ohio and being known as a part of the SE 1/4 of Section
22, Twp. 21 and Range 18 of O. R. S. in the City of Mansfield,
Ohio. Beginning at a point from the center line of
Mansfield-Ashland Road 228.35 feet southwesterly from the center
line of East Fourth Street; thence south 41 deg. 00 min. east at a
right angle with Mansfield-Ashland Road, a distance of 153.95 ft.
to the center of Ritter's Run; thence in a southwesterly direction
along and with the center of Ritter's Run 422.15 ft. to the center
of Mansfield-Ashland Road; thence north 49 deg. 00 min. east along
and with the center line of the Mansfield-Ashland Road, a distance
of 394.55 ft. to the place of beginning, containing 0.70 acres
more or less, subject to all legal easements of record for
highways, street, stream channel and other purposes.
Permanent Parcel No. 027-05-084-17-000.
(B) At the request of the Adjutant General, the Department of
Administrative Services shall, pursuant to the procedures
described in division (C) of this section, assist in the sale of
any of the parcels described in division (A) of this section.
(C) The Adjutant General's Department shall appraise the
parcels described in division (A) of this section or have them
appraised by one or more disinterested persons for a fee to be
determined by the Adjutant General. The Adjutant General shall
offer the parcels for sale in their "as is" condition as follows:
(1) The Adjutant General first shall offer a parcel for sale
at its appraised value to the municipal corporation or township in
which it is located.
(2) If, after sixty days, the municipal corporation or
township has not accepted the Adjutant General's offer to sell the
parcel at its appraised value or has accepted the offer but has
failed to complete the purchase, the Adjutant General shall offer
the parcel at its appraised value to the county in which it is
located.
(3) If, after sixty days, the county has not accepted the
Adjutant General's offer to sell the parcel at its appraised value
or has accepted the offer but has failed to complete the purchase,
the Adjutant General shall, in concert with the Department of
Administrative Services, arrange a public auction, and the parcel
shall be sold to the highest bidder at a price acceptable to the
Adjutant General. The Adjutant General may reject any and all bids
through the auctioneer.
The Adjutant General shall advertise each public auction in a
newspaper of general circulation within the county in which the
parcel is located, once a week for three consecutive weeks prior
to the date of the auction. The terms of sale of the parcel
pursuant to the public auction shall be payment of ten per cent of
the purchase price in cash, bank draft, or certified check on the
date of sale, with the balance payable within sixty days after the
date of sale. A purchaser who does not timely complete the
conditions of the sale as prescribed in this section shall forfeit
to the state the ten per cent of the purchase price paid on the
date of the sale as liquidated damages.
Should a purchaser not complete the conditions of sale as
described herein, the Adjutant General and its auctioneer is
authorized to accept the next highest bid from the auction by
collecting ten per cent of the purchase price from the secondary
bidder and proceed to close the sale, providing said secondary bid
meets all other criteria provided for in this act.
(D) Advertising costs, appraisal fees, and other costs of the
sale of the parcels described in division (A) of this section
shall be paid by the Adjutant General.
(E) Upon the payment of ten per cent of the purchase price of
a parcel described in division (A) of this section in accordance
with division (C)(3) of this section or upon notice from the
Adjutant General's Department that a parcel described in division
(A) of this section has been sold to a municipal corporation,
township, or county in accordance with division (C) of this
section, a deed shall be prepared for that parcel by the Auditor
of State with the assistance of the Attorney General, be executed
by the Governor, countersigned by the Secretary of State, sealed
with the Great Seal of the State, and presented for recording in
the office of the Auditor of State. The deed shall be delivered to
the buyer at closing where the balance of the purchase price is
collected by the state. The buyer shall present the deed for
recording in the office of the county recorder of the county in
which the parcel is located.
(F) The net proceeds of the sales of the parcels described in
division (A) of this section shall be deposited in the state
treasury to the credit of the Armory Improvements Fund pursuant to
section 5911.10 of the Revised Code.
(G) If a parcel described in division (A) of this section is
sold to a municipal corporation, township, or county and that
political subdivision sells the parcel within two years after its
purchase, the political subdivision shall pay to the state, for
deposit in the state treasury to the credit of the Armory
Improvements Fund pursuant to section 5911.10 of the Revised Code,
an amount representing one-half of any net profit derived from
that subsequent sale. The net profit shall be computed by first
subtracting the price at which the political subdivision bought
the parcel from the price at which the political subdivision sold
the parcel, and then subtracting from that remainder the amount of
any expenditures the political subdivision made for improvements
to the parcel.
(H) This section expires five years after its effective date.
Section 500.01. Section 3314.03 of the Revised Code is
presented
in
this act as a composite of the section as amended by
both Sub.
H.B. 428 and Am. Sub. H.B. 562 of
the 127th General
Assembly. The
General Assembly, applying the
principle stated in
division (B)
of section 1.52 of the Revised
Code that amendments
are to be
harmonized if reasonably capable of
simultaneous
operation, finds
that the composite is the resulting
version of
the section in
effect prior to the effective date of
the section
as presented in
this act.
Section 501. The amendment or enactment by this act of the
following sections are not subject to the referendum pursuant to
Ohio Constitution, Article II, Section 1d and section 1.471 of the
Revised Code
because the amendment or enactment relates to an
appropriation for
current expenses; therefore the amendment or
enactment goes into
immediate effect when this act becomes law:
Sections 201.01, 201.02, 303, and 305.
Section 503. The amendment, enactment, or repeal by this act
of the following sections takes effect on the dates specified
below:
The amendment of section 3375.49 of the Revised Code, on
December 31, 2008;
The repeal of sections 3375.54 and 3375.55 of the
Revised
Code, on the ninety-first day after the
effective date of this
act;
The repeal of section 3375.48 of the Revised Code, on
December 31, 2009;
The amendment of sections 733.40, 1901.024, 1901.31, 1907.20,
2949.111, 3375.50 (307.515), and 4513.35 of the Revised Code, on
January 1, 2010;
The enactment of section 3375.481 of the Revised Code, on
January 1, 2010;
The repeal of sections 3375.51, 3375.52, 3375.53,
and
3375.56 of the Revised Code, on January 1, 2010.
Section 505. This act is hereby declared to be an emergency
measure
necessary for the immediate preservation of the public
peace,
health, and safety. The reason for such necessity is that
certain
changes need to be made to state and local government in
order to
immediately continue the effectiveness of their programs
and
operations. Therefore, this act shall go into immediate
effect.