Section 1. That sections 1.62, 135.35, 323.78, 349.01, | 21 |
349.03, 349.04, 349.06, 349.14, 1724.02, 1724.03, 1724.04, | 22 |
1724.05, 5705.19, and 5722.22 be amended and section 321.343 of | 23 |
the Revised Code be enacted to read as follows: | 24 |
(A) References to particular county officers, boards, | 28 |
commissions, and authorities mean, in the case of a county that | 29 |
has adopted a charter under Article X, Ohio Constitution, the | 30 |
officer, board, commission, or authority of that county designated | 31 |
by or pursuant to the charter to exercise the same powers or | 32 |
perform the same acts, duties, or functions that are to be | 33 |
exercised or performed under the applicable section of the Revised | 34 |
Code by officers, boards, commissions, or authorities of counties | 35 |
that have not adopted a charter. If any section of the Revised | 36 |
Code requires county representation on a board, commission, or | 37 |
authority by more than one county officer, and the charter vests | 38 |
the powers, duties, or functions of each county officer | 39 |
representing the county on the board, commission, or authority in | 40 |
fewer officers or in only a single county officer, the county | 41 |
officers or officer shall succeed to the representation of only | 42 |
one of the county officers on the board, commission, or authority. | 43 |
If any vacancy in the representation of the county on the board, | 44 |
commission, or authority remains, the taxing authority of the | 45 |
county shall adopt a resolution to fill the vacancy. | 46 |
(2) Bonds, notes, debentures, or any other obligations or | 68 |
securities issued by any federal government agency or | 69 |
instrumentality, including but not limited to, the federal | 70 |
national mortgage association, federal home loan bank, federal | 71 |
farm credit bank, federal home loan mortgage corporation, | 72 |
government national mortgage association, and student loan | 73 |
marketing association. All federal agency securities shall be | 74 |
direct issuances of federal government agencies or | 75 |
instrumentalities. | 76 |
(7) Securities lending agreements with any eligible | 93 |
institution mentioned in section 135.32 of the Revised Code that | 94 |
is a member of the federal reserve system or federal home loan | 95 |
bank or with any recognized United States government securities | 96 |
dealer meeting the description in division (J)(1) of this section, | 97 |
under the terms of which agreements the investing authority lends | 98 |
securities and the eligible institution or dealer agrees to | 99 |
simultaneously exchange similar securities or cash, equal value | 100 |
for equal value. | 101 |
The investing authority shall invest under division (A)(11) | 161 |
of this section in a debt interest issued by a foreign nation only | 162 |
if the debt interest is backed by the full faith and credit of | 163 |
that foreign nation, there is no prior history of default, and the | 164 |
debt interest matures not later than five years after purchase. | 165 |
For purposes of division (A)(11) of this section, a debt interest | 166 |
is rated in the three highest categories by two nationally | 167 |
recognized standard rating services if either the debt interest | 168 |
itself or the issuer of the debt interest is rated, or is | 169 |
implicitly rated, at the time of purchase in the three highest | 170 |
categories by two nationally recognized standard rating services. | 171 |
(12) A current unpaid or delinquent tax line of credit | 172 |
authorized under division (G) of section 135.341 of the Revised | 173 |
Code, provided that all of the conditions for entering into such a | 174 |
line of credit under that division are satisfied, or bonds and | 175 |
other obligations of a county land reutilization corporation | 176 |
organized under Chapter 1724. of the Revised Code, if the county | 177 |
land reutilization corporation is located wholly or partly within | 178 |
the same county as the investing authority. | 179 |
(B) Nothing in the classifications of eligible obligations | 180 |
and securities set forth in divisions (A)(1) to (11) of this | 181 |
section shall be construed to authorize investment in a | 182 |
derivative, and no investing authority shall invest any county | 183 |
inactive moneys or any moneys in a county public library fund in | 184 |
a derivative. For purposes of this division, "derivative" means a | 185 |
financial instrument or contract or obligation whose value or | 186 |
return is based upon or linked to another asset or index, or both, | 187 |
separate from the financial instrument, contract, or obligation | 188 |
itself. Any security, obligation, trust account, or other | 189 |
instrument that is created from an issue of the United States | 190 |
treasury or is created from an obligation of a federal agency or | 191 |
instrumentality or is created from both is considered a derivative | 192 |
instrument. An eligible investment described in this section with | 193 |
a variable interest rate payment, based upon a single interest | 194 |
payment or single index comprised of other eligible investments | 195 |
provided for in division (A)(1) or (2) of this section, is not a | 196 |
derivative, provided that such variable rate investment has a | 197 |
maximum maturity of two years. A treasury inflation-protected | 198 |
security shall not be considered a derivative, provided the | 199 |
security matures not later than five years after purchase. | 200 |
(D) The investing authority may also enter into a written | 209 |
repurchase agreement with any eligible institution mentioned in | 210 |
section 135.32 of the Revised Code or any eligible securities | 211 |
dealer pursuant to division (J) of this section, under the terms | 212 |
of which agreement the investing authority purchases and the | 213 |
eligible institution or dealer agrees unconditionally to | 214 |
repurchase any of the securities listed in divisions (B)(1) to | 215 |
(5), except letters of credit described in division (B)(2), of | 216 |
section 135.18 of the Revised Code. The market value of securities | 217 |
subject to an overnight written repurchase agreement must exceed | 218 |
the principal value of the overnight written repurchase agreement | 219 |
by at least two per cent. A written repurchase agreement must | 220 |
exceed the principal value of the overnight written repurchase | 221 |
agreement, by at least two per cent. A written repurchase | 222 |
agreement shall not exceed thirty days, and the market value of | 223 |
securities subject to a written repurchase agreement must exceed | 224 |
the principal value of the written repurchase agreement by at | 225 |
least two per cent and be marked to market daily. All securities | 226 |
purchased pursuant to this division shall be delivered into the | 227 |
custody of the investing authority or the qualified custodian of | 228 |
the investing authority or an agent designated by the investing | 229 |
authority. A written repurchase agreement with an eligible | 230 |
securities dealer shall be transacted on a delivery versus payment | 231 |
basis. The agreement shall contain the requirement that for each | 232 |
transaction pursuant to the agreement the participating | 233 |
institution shall provide all of the following information: | 234 |
(F) No investing authority shall pay a county's inactive | 250 |
moneys or moneys of a county public library fund into a fund | 251 |
established by another subdivision, treasurer, governing board, or | 252 |
investing authority, if that fund was established by the | 253 |
subdivision, treasurer, governing board, or investing authority | 254 |
for the purpose of investing or depositing the public moneys of | 255 |
other subdivisions. This division does not apply to the payment of | 256 |
public moneys into either of the following: | 257 |
(H) Any securities, certificates of deposit, deposit | 273 |
accounts, or any other documents evidencing deposits or | 274 |
investments made under authority of this section shall be issued | 275 |
in the name of the county with the county treasurer or investing | 276 |
authority as the designated payee. If any such deposits or | 277 |
investments are registrable either as to principal or interest, or | 278 |
both, they shall be registered in the name of the treasurer. | 279 |
(I) The investing authority shall be responsible for the | 280 |
safekeeping of all documents evidencing a deposit or investment | 281 |
acquired under this section, including, but not limited to, | 282 |
safekeeping receipts evidencing securities deposited with a | 283 |
qualified trustee, as provided in section 135.37 of the Revised | 284 |
Code, and documents confirming the purchase of securities under | 285 |
any repurchase agreement under this section shall be deposited | 286 |
with a qualified trustee, provided, however, that the qualified | 287 |
trustee shall be required to report to the investing authority, | 288 |
auditor of state, or an authorized outside auditor at any time | 289 |
upon request as to the identity, market value, and location of the | 290 |
document evidencing each security, and that if the participating | 291 |
institution is a designated depository of the county for the | 292 |
current period of designation, the securities that are the subject | 293 |
of the repurchase agreement may be delivered to the treasurer or | 294 |
held in trust by the participating institution on behalf of the | 295 |
investing authority. | 296 |
Upon the expiration of the term of office of an investing | 297 |
authority or in the event of a vacancy in the office for any | 298 |
reason, the officer or the officer's legal representative shall | 299 |
transfer and deliver to the officer's successor all documents | 300 |
mentioned in this division for which the officer has been | 301 |
responsible for safekeeping. For all such documents transferred | 302 |
and delivered, the officer shall be credited with, and the | 303 |
officer's successor shall be charged with, the amount of moneys | 304 |
evidenced by such documents. | 305 |
(J)(1) All investments, except for investments in securities | 306 |
described in divisions (A)(5) and, (6), and (12) of this section, | 307 |
shall be made only through a member of the national association of | 308 |
securities dealers, through a bank, savings bank, or savings and | 309 |
loan association regulated by the superintendent of financial | 310 |
institutions, or through an institution regulated by the | 311 |
comptroller of the currency, federal deposit insurance | 312 |
corporation, or board of governors of the federal reserve system. | 313 |
(K)(1) Except as otherwise provided in division (K)(2) of | 321 |
this section, no investing authority shall make an investment or | 322 |
deposit under this section, unless there is on file with the | 323 |
auditor of state a written investment policy approved by the | 324 |
investing authority. The policy shall require that all entities | 325 |
conducting investment business with the investing authority shall | 326 |
sign the investment policy of that investing authority. All | 327 |
brokers, dealers, and financial institutions, described in | 328 |
division (J)(1) of this section, initiating transactions with the | 329 |
investing authority by giving advice or making investment | 330 |
recommendations shall sign the investing authority's investment | 331 |
policy thereby acknowledging their agreement to abide by the | 332 |
policy's contents. All brokers, dealers, and financial | 333 |
institutions, described in division (J)(1) of this section, | 334 |
executing transactions initiated by the investing authority, | 335 |
having read the policy's contents, shall sign the investment | 336 |
policy thereby acknowledging their comprehension and receipt. | 337 |
(2) If a written investment policy described in division | 338 |
(K)(1) of this section is not filed on behalf of the county with | 339 |
the auditor of state, the investing authority of that county shall | 340 |
invest the county's inactive moneys and moneys of the county | 341 |
public library fund only in time certificates of deposits or | 342 |
savings or deposit accounts pursuant to division (A)(3) of this | 343 |
section, no-load money market mutual funds pursuant to division | 344 |
(A)(5) of this section, or the Ohio subdivision's fund pursuant to | 345 |
division (A)(6) of this section. | 346 |
(3) The investing authority shall maintain a monthly | 356 |
portfolio report and issue a copy of the monthly portfolio report | 357 |
describing such investments to the county investment advisory | 358 |
committee, detailing the current inventory of all obligations and | 359 |
securities, all transactions during the month that affected the | 360 |
inventory, any income received from the obligations and | 361 |
securities, and any investment expenses paid, and stating the | 362 |
names of any persons effecting transactions on behalf of the | 363 |
investing authority. | 364 |
(M) An investing authority may enter into a written | 369 |
investment or deposit agreement that includes a provision under | 370 |
which the parties agree to submit to nonbinding arbitration to | 371 |
settle any controversy that may arise out of the agreement, | 372 |
including any controversy pertaining to losses of public moneys | 373 |
resulting from investment or deposit. The arbitration provision | 374 |
shall be set forth entirely in the agreement, and the agreement | 375 |
shall include a conspicuous notice to the parties that any party | 376 |
to the arbitration may apply to the court of common pleas of the | 377 |
county in which the arbitration was held for an order to vacate, | 378 |
modify, or correct the award. Any such party may also apply to the | 379 |
court for an order to change venue to a court of common pleas | 380 |
located more than one hundred miles from the county in which the | 381 |
investing authority is located. | 382 |
For purposes of this division, "investment or deposit | 383 |
agreement" means any agreement between an investing authority and | 384 |
a person, under which agreement the person agrees to invest, | 385 |
deposit, or otherwise manage, on behalf of the investing | 386 |
authority, a county's inactive moneys or moneys in a county public | 387 |
library fund, or agrees to provide investment advice to the | 388 |
investing authority. | 389 |
(N) An investment held in the county portfolio on September | 390 |
27, 1996, that was a legal investment under the law as it existed | 391 |
before September 27, 1996, may be held until maturity, or if the | 392 |
investment does not have a maturity date the investment may be | 393 |
held until five years from September 27, 1996, regardless of | 394 |
whether the investment would qualify as a legal investment under | 395 |
the terms of this section as amended. | 396 |
Sec. 321.343. A county treasurer of a county in which a | 397 |
county land reutilization corporation has been organized under | 398 |
Chapter 1724. of the Revised Code may enter into an agreement with | 399 |
the county land reutilization corporation for the benefit of the | 400 |
holders of debt obligations of the corporation for the repayment | 401 |
of which will be pledged the penalties and interest on current | 402 |
year unpaid taxes and current year delinquent taxes, as defined in | 403 |
and available under section 321.341 of the Revised Code. The | 404 |
pledge agreement may include, without limitation, a pledge by the | 405 |
county treasurer of and a grant of a security interest in the | 406 |
penalties and interest deposited into the county land | 407 |
reutilization fund to the payment of debt service on the debt | 408 |
obligations and a covenant of the county treasurer to continue to | 409 |
make the special tax advances authorized under section 321.341 of | 410 |
the Revised Code when the debt obligations remain outstanding if | 411 |
necessary to generate from the penalties and interest at least the | 412 |
amount needed to pay the debt service on the debt obligations when | 413 |
due. The penalties and interest so pledged and so deposited are | 414 |
immediately subject to the pledge and security interest without | 415 |
any physical delivery thereof or further act. The pledge and | 416 |
security interest are valid, binding, and enforceable against all | 417 |
parties having claims of any kind against the county land | 418 |
reutilization corporation or the county treasurer, irrespective of | 419 |
notice thereof, and such pledge and grant of a security interest | 420 |
creates a perfected security interest for all purposes of Chapter | 421 |
1309. of the Revised Code, without the necessity for separation or | 422 |
delivery or possession of the pledged penalties and interest, or | 423 |
for the filing or recording of the document by which the pledge | 424 |
and security interest are created. The penalties and interest so | 425 |
deposited may be applied to the purposes for which pledged without | 426 |
necessity for any act of appropriation. The performance under this | 427 |
pledge agreement is expressly determined and declared to be a duty | 428 |
specifically enjoined by law upon the county treasurer and each | 429 |
officer and employee having authority to perform the duty of the | 430 |
county treasurer resulting from an office, trust, or station, | 431 |
within the meaning of section 2731.01 of the Revised Code, | 432 |
enforceable by writ of mandamus. | 433 |
Sec. 323.78. Notwithstanding anything in Chapters 323., | 434 |
5721., and 5723. of the Revised Code, if the county treasurer of a | 435 |
county having a population of more than one million two hundred | 436 |
thousand as of the most recent decennial censusin which a county | 437 |
land reutilization operates, in any petition for foreclosure of | 438 |
abandoned lands, elects to invoke the alternative redemption | 439 |
period, then upon any adjudication of foreclosure by any court or | 440 |
the board of revision in any proceeding under section 323.25, | 441 |
sections 323.65 to 323.79, or section 5721.18 of the Revised Code, | 442 |
the following apply: | 443 |
(A) Unless otherwise ordered by a motion of the court or | 444 |
board of revision, the petition shall assert, and any notice of | 445 |
final hearing shall include, that upon foreclosure of the parcel, | 446 |
the equity of redemption in any parcel by its owner shall be | 447 |
forever terminated after the expiration of the alternative | 448 |
redemption period, that the parcel thereafter may be sold at | 449 |
sheriff's sale either by itself or together with other parcels as | 450 |
permitted by law; or that the parcel may, by order of the court or | 451 |
board of revision, be transferred directly to a municipal | 452 |
corporation, township, county, school district, or county land | 453 |
reutilization corporation without appraisal and without a sale, | 454 |
free and clear of all impositions and any other liens on the | 455 |
property, which shall be deemed forever satisfied and discharged. | 456 |
(B) After the expiration of the alternative redemption period | 457 |
following an adjudication of foreclosure, by order of the court or | 458 |
board of revision, any equity of redemption is forever | 459 |
extinguished, and the parcel may be transferred individually or in | 460 |
lots with other tax-foreclosed properties to a municipal | 461 |
corporation, township, county, school district, or county land | 462 |
reutilization corporation without appraisal and without a sale, | 463 |
upon which all impositions and any other liens subordinate to | 464 |
liens for impositions due at the time the deed to the property is | 465 |
conveyed to a purchaser or transferred to a community development | 466 |
organization, county land reutilization corporation, municipal | 467 |
corporation, county, township, or school district, shall be deemed | 468 |
satisfied and discharged. Other than the order of the court or | 469 |
board of revision so ordering the transfer of the parcel, no | 470 |
further act of confirmation or other order shall be required for | 471 |
such a transfer, or for the extinguishment of any right of | 472 |
redemption. | 473 |
(C) Upon the expiration of the alternative redemption period | 474 |
in cases to which the alternative redemption period has been | 475 |
ordered, if no community development organization, county land | 476 |
reutilization corporation, municipal corporation, county, | 477 |
township, or school district has requested title to the parcel, | 478 |
the court or board of revision may order the property sold as | 479 |
otherwise provided in Chapters 323. and 5721. of the Revised Code, | 480 |
and, failing any bid at any such sale, the parcel shall be | 481 |
forfeited to the state and otherwise disposed of pursuant to | 482 |
Chapter 5723. of the Revised Code. | 483 |
(A) "New community" means a community or an addition to an | 485 |
existing community planned pursuant to this chapter so that it | 486 |
includes facilities for the conduct of industrial, commercial, | 487 |
residential, cultural, educational, and recreational activities, | 488 |
and designed in accordance with planning concepts for the | 489 |
placement of utility, open space, and other supportive facilities. | 490 |
In the case of a new community authority established on or | 491 |
after the effective date of this amendment and before January 1, | 492 |
2012, "new community" may mean a community or development of | 493 |
property planned under this chapter in relation to an existing | 494 |
community so that the community includes facilities for the | 495 |
conduct of community activities, and is designed in accordance | 496 |
with planning concepts for the placement of utility, open space, | 497 |
and other supportive facilities for the community. | 498 |
(E) "Developer" means any person, organized for carrying out | 520 |
a new community development program who owns or controls, through | 521 |
leases of at least seventy-five years' duration, options, or | 522 |
contracts to purchase, the land within a new community district, | 523 |
or any municipal corporation, county, or port authority that owns | 524 |
the land within a new community district, or has the ability to | 525 |
acquire such land, either by voluntary acquisition or condemnation | 526 |
in order to eliminate slum, blighted, and deteriorated or | 527 |
deteriorating areas and to prevent the recurrence thereof. In the | 528 |
case of a new community authority established on or after the | 529 |
effective date of this amendment and before January 1, 2012, | 530 |
"developer" may mean a person, municipal corporation, county, or | 531 |
port authority that controls land within a new community district | 532 |
through leases of at least forty years' duration. | 533 |
(F) "Organizational board of commissioners" means, if the new | 534 |
community district is located in only one county, the board of | 535 |
county commissioners of such county; if located in more than one | 536 |
county, a board consisting of the members of the board of county | 537 |
commissioners of each of the counties in which the district is | 538 |
located, provided that action of such board shall require a | 539 |
majority vote of the members of each separate board of county | 540 |
commissioners; or, if more than half of the new community district | 541 |
is located within the boundaries of the most populous municipal | 542 |
corporation of a county, the legislative authority of the | 543 |
municipal corporation. | 544 |
(H) "Land development" means the process of clearing and | 548 |
grading land, making, installing, or constructing water | 549 |
distribution systems, sewers, sewage collection systems, steam, | 550 |
gas, and electric lines, roads, streets, curbs, gutters, | 551 |
sidewalks, storm drainage facilities, and other installations or | 552 |
work, whether within or without the new community district, and | 553 |
the construction of community facilities. | 554 |
(I)(1) "Community facilities" means all real property, | 555 |
buildings, structures, or other facilities, including related | 556 |
fixtures, equipment, and furnishings, to be owned, operated, | 557 |
financed, constructed, and maintained under this chapter, | 558 |
including public, community, village, neighborhood, or town | 559 |
buildings, centers and plazas, auditoriums, day care centers, | 560 |
recreation halls, educational facilities, hospital facilities as | 561 |
defined in section 140.01 of the Revised Code, recreational | 562 |
facilities, natural resource facilities, including parks and other | 563 |
open space land, lakes and streams, cultural facilities, community | 564 |
streets, pathway and bikeway systems, pedestrian underpasses and | 565 |
overpasses, lighting facilities, design amenities, or other | 566 |
community facilities, and buildings needed in connection with | 567 |
water supply or sewage disposal installations or steam, gas, or | 568 |
electric lines or installation. | 569 |
(2) In the case of a new community authority established on | 570 |
or after the effective date of this amendment and before January | 571 |
1, 2012, "community facilities" may mean, in addition to the | 572 |
facilities authorized in division (I)(1) of this section, any | 573 |
community facilities that are owned, operated, financed, | 574 |
constructed, or maintained for, relating to, or in furtherance of | 575 |
community activities, including, but not limited to, town | 576 |
buildings or other facilities, health care facilities including, | 577 |
but limited to, hospital facilities, and off-street parking | 578 |
facilities. | 579 |
(J) "Cost" as applied to a new community development program | 580 |
means all costs related to land acquisition and land development, | 581 |
the acquisition, construction, maintenance, and operation of | 582 |
community facilities and offices of the community authority, and | 583 |
of providing furnishings and equipment therefor, financing charges | 584 |
including interest prior to and during construction and for the | 585 |
duration of the new community development program, planning | 586 |
expenses, engineering expenses, administrative expenses including | 587 |
working capital, and all other expenses necessary and incident to | 588 |
the carrying forward of the new community development program. | 589 |
(K) "Income source" means any and all sources of income to | 590 |
the community authority, including community development charges | 591 |
of which the new community authority is the beneficiary as | 592 |
provided in section 349.07 of the Revised Code, rentals, user fees | 593 |
and other charges received by the new community authority, any | 594 |
gift or grant received, any moneys received from any funds | 595 |
invested by or on behalf of the new community authority, and | 596 |
proceeds from the sale or lease of land and community facilities. | 597 |
(1) A dollar amount which shall be determined on the basis of | 599 |
the assessed valuation of real property or interests in real | 600 |
property in a new community district sold, leased, or otherwise | 601 |
conveyed by the developer or the new community authority, the | 602 |
income of the residents of such property subject to such charge | 603 |
under section 349.07 of the Revised Code, if such property is | 604 |
devoted to residential uses or to the profits of any business, a | 605 |
uniform fee on each parcel of such real property originally sold, | 606 |
leased, or otherwise conveyed by the developer or new community | 607 |
authority, or any combination of the foregoing bases. | 608 |
(2) For a new community authority that is established on or | 609 |
after the effective date of this amendment and before January 1, | 610 |
2012, "community development charge" includes, in addition to the | 611 |
charges authorized in division (L)(1) of this section, a charge | 612 |
determined on the basis of all or a part of the income of the | 613 |
residents of real property within the new community district if | 614 |
such property is devoted to residential uses, or all or a part of | 615 |
the profits, gross receipts, or other revenues of any business | 616 |
operating in the new community district. | 617 |
(M) "Proximate city" means any city that, as of the date of | 618 |
filing of the petition under section 349.03 of the Revised Code, | 619 |
is the most populous city ofwith the greatest population located | 620 |
in the county in which the proposed new community district is | 621 |
located, is the most populous city ofwith the greatest population | 622 |
located in an adjoining county if any portion of such city is | 623 |
within five miles of any part of the boundaries of such district, | 624 |
or exercises extraterritorial subdivision authority under section | 625 |
711.09 of the Revised Code with respect to any part of such | 626 |
district. | 627 |
(3) A map and a full and accurate description of the | 644 |
boundaries of the new community district together with a | 645 |
description of the properties within such boundaries, if any, | 646 |
which will not be included in the new community district. Unless | 647 |
the district is wholly contained within municipalities, the total | 648 |
acreage included in such district shall not be less than one | 649 |
thousand acres, all of which acreage shall be owned by, or under | 650 |
the control through leases of at least seventy-five years | 651 |
duration, options, or contracts to purchase, of the developer, if | 652 |
the developer is a private entity. Such acreage shall be | 653 |
developable as one functionally interrelated community. In the | 654 |
case of a new community authority established on or after the | 655 |
effective date of this amendment and before January 1, 2012, such | 656 |
leases may be of not less than forty years' duration, and the | 657 |
acreage may be developable so that the community is one | 658 |
functionally interrelated community. | 659 |
(5) A current plan indicating the proposed development | 665 |
program for the new community district, the land acquisition and | 666 |
land development activities, community facilities, and services | 667 |
which it is proposed to be undertaken by the new community | 668 |
authority will undertake under such program and, the proposed | 669 |
method of financing such activities and services, including a | 670 |
description of the bases, timing, and manner of collecting any | 671 |
proposed community development charges, and the projected total | 672 |
residential population of, and employment within, the new | 673 |
community; | 674 |
Upon the determination of the organizational board of | 691 |
commissioners that a sufficient petition has been filed in | 692 |
accordance with this section, the board shall fix the time and | 693 |
place of a hearing on the petition for the establishment of the | 694 |
proposed new community authority. Such hearing shall be held not | 695 |
less than ninety-five nor more than one hundred fifteen days after | 696 |
the petition filing date, except that if the petition has been | 697 |
signed by all proximate cities, such hearing shall be held not | 698 |
less than thirty nor more than forty-five days after the petition | 699 |
filing date. The clerk of the board of county commissioners with | 700 |
which the petition was filed shall give notice thereof by | 701 |
publication once each week for three consecutive weeks in a | 702 |
newspaper of general circulation in any county of which a portion | 703 |
is within the proposed new community district. Such clerk shall | 704 |
also give written notice of the date, time, and place of the | 705 |
hearing and furnish a certified copy of the petition to the clerk | 706 |
of the legislative authority of each proximate city which has not | 707 |
signed such petition. In the event that the legislative authority | 708 |
of a proximate city which did not sign the petition does not | 709 |
approve by ordinance, resolution, or motion the establishment of | 710 |
the proposed new community authority and does not deliver such | 711 |
ordinance, resolution, or motion to the clerk of the board of | 712 |
county commissioners with which the petition was filed within | 713 |
ninety days following the date of the first publication of the | 714 |
notice of the public hearing, the organizational board of | 715 |
commissioners shall cancel such public hearing and terminate the | 716 |
proceedings for the establishment of the new community authority. | 717 |
Upon the hearing, if the organizational board of | 718 |
commissioners determines by resolution that the proposed new | 719 |
community district will be conducive to the public health, safety, | 720 |
convenience, and welfare, and is intended to result in the | 721 |
development of a new community, the board shall by its resolution, | 722 |
entered of record in its journal and the journal of the board of | 723 |
county commissioners with which the petition was filed, declare | 724 |
the new community authority to be organized and a body politic and | 725 |
corporate with the corporate name designated in the resolution, | 726 |
and define the boundary of the new community district. In | 727 |
addition, the resolution shall provide the method of selecting the | 728 |
board of trustees of the new community authority and fix the | 729 |
surety for their bonds in accordance with section 349.04 of the | 730 |
Revised Code. | 731 |
(B) At any time after the creation of a new community | 738 |
authority, the developer may file an application with the clerk of | 739 |
the board of county commissioners of the county in which the | 740 |
original petition was filed, setting forth a general description | 741 |
of territory it desires to add or to delete from such district, | 742 |
that such change will be conducive to the public health, safety, | 743 |
convenience, and welfare, and will be consistent with the | 744 |
development of a new community and will not jeopardize the plan of | 745 |
the new community. If the developer is not a municipal | 746 |
corporation, port authority, or county, all of such an addition to | 747 |
such a district shall be owned by, or under the control through | 748 |
leases of at least seventy-five years duration, options, or | 749 |
contracts to purchase, of the developer. In the case of a new | 750 |
community authority established on or after the effective date of | 751 |
this amendment and before January 1, 2012, such leases may be of | 752 |
not less than forty years' duration. Upon the filing of the | 753 |
application, the organizational board of commissioners shall | 754 |
follow the same procedure as required by this section in relation | 755 |
to the petition for the establishment of the proposed new | 756 |
community. | 757 |
(C) If all or any part of the new community district is | 758 |
annexed to one or more existing municipal corporations, their | 759 |
legislative authorities may appoint persons to replace any | 760 |
appointed citizen member of the board of trustees. The number of | 761 |
such trustees to be replaced by the municipal corporation shall be | 762 |
the number, rounded to the lowest integer, bearing the | 763 |
proportionate relationship to the number of existing appointed | 764 |
citizen members as the acreage of the new community district | 765 |
within such municipal corporation bears to the total acreage of | 766 |
the new community district. If any such municipal corporation | 767 |
chooses to replace an appointed citizen member, it shall do so by | 768 |
ordinance, the term of the trustee being replaced shall terminate | 769 |
thirty days from the date of passage of such ordinance, and the | 770 |
trustee to be replaced shall be determined by lot. Each newly | 771 |
appointed member shall assume the term of histhe member's | 772 |
predecessor. | 773 |
Sec. 349.04. The following method of selecting a board of | 774 |
trustees is deemed to be a compelling state interest. Within ten | 775 |
days after the new community authority has been established, as | 776 |
provided in section 349.03 of the Revised Code, an initial board | 777 |
of trustees shall be appointed as follows; the organizational | 778 |
board of commissioners shall appoint by resolution at least three, | 779 |
but not more than six, citizen members of the board of trustees to | 780 |
represent the interests of present and future residents of the new | 781 |
community district and one member to serve as a representative of | 782 |
local government, and the developer shall appoint a number of | 783 |
members equal to the number of citizen members to serve as | 784 |
representatives of the developer. MembersIn the case of a new | 785 |
community authority established on or after the effective date of | 786 |
this amendment and before January 1, 2012, the citizen members may | 787 |
represent present and future employers within the new community | 788 |
district and any present or future residents of the district. | 789 |
Elected citizen members of the board of trustees shall be | 817 |
elected by a majority of the residents of the new community | 818 |
district voting at elections held on the first Tuesday after the | 819 |
first Monday in December of each year. Each citizen member except | 820 |
an appointed citizen member shall be a qualified elector who | 821 |
resides within the new community district. CitizenIn the case of | 822 |
a new community authority established on or after the effective | 823 |
date of this amendment and before January 1, 2012, the | 824 |
organizational board of directors, by resolution, may adopt an | 825 |
alternative method of selection of successor members of the board | 826 |
of trustees. If the alternative method provides for the election | 827 |
of citizen members, the elections may be held at the times and in | 828 |
the manner provided in a resolution of the organizational board of | 829 |
commissioners, and the elected citizen members shall be qualified | 830 |
electors who resides in the new community district. | 831 |
Citizen members shall not be employees of or have financial | 832 |
interest in the developer. If a vacancy occurs in the office of a | 833 |
member other than a member appointed by the developer, the | 834 |
organizational board of commissioners may appoint a successor | 835 |
member for the remainder of the unexpired term. Any appointed | 836 |
member of the board of trustees may at any time be removed by the | 837 |
organizational board of commissioners for misfeasance, | 838 |
nonfeasance, or malfeasance in office. Members appointed by the | 839 |
developer may also at any time be removed by the developer without | 840 |
a showing of cause. | 841 |
Each member of the board of trustees, before entering upon | 842 |
his official duties, shall take and subscribe to an oath before an | 843 |
officer authorized to administer oaths in Ohio that hethe member | 844 |
will honestly and faithfully perform the duties of histhe | 845 |
member's office. Such oath shall be filed in the office of the | 846 |
clerk of the board of county commissioners in which the petition | 847 |
was filed. Upon taking the oath, the board of trustees shall elect | 848 |
one of its number as chairmanchairperson and another as | 849 |
vice-chairmanvice-chairperson, and shall appoint suitable persons | 850 |
as secretary and treasurer who need not be members of the board. | 851 |
The treasurer shall be the fiscal officer of the authority. The | 852 |
board shall adopt by-laws governing the administration of the | 853 |
affairs of the new community authority. Each member of the board | 854 |
shall post a bond for the faithful performance of hisofficial | 855 |
duties and give surety therefor in such amount, but not less than | 856 |
ten thousand dollars, as the resolution creating such board shall | 857 |
prescribe. | 858 |
All of the powers of the new community authority shall be | 859 |
exercised by its board of trustees, but without relief of such | 860 |
responsibility, such powers may be delegated to committees of the | 861 |
board or its officers and employees in accordance with its | 862 |
by-laws. A majority of the board shall constitute a quorum, and a | 863 |
concurrence of a majority of a quorum in any matter within the | 864 |
board's duties is sufficient for its determination, provided a | 865 |
quorum is present when such concurrence is had and a majority of | 866 |
those members constituting such quorum are trustees not appointed | 867 |
by the developer. All trustees shall be empowered to vote on all | 868 |
matters within the authority of the board of trustees, and no vote | 869 |
by a member appointed by the developer shall be construed to give | 870 |
rise to civil or criminal liability for conflict of interest on | 871 |
the part of public officials. | 872 |
(D) Provide, engage in, or otherwise sponsor recreational, | 885 |
educational, health, social, vocational, cultural, beautification, | 886 |
and amusement activities and related services primarily for | 887 |
residents of the district;. In the case of a new community | 888 |
authority established on or after the effective date of this | 889 |
amendment and before January 1, 2012, such activities and services | 890 |
may be for residents of, visitors to, employees working within, or | 891 |
employers operating businesses in the district, or any combination | 892 |
thereof. | 893 |
(G) Employ such managers, administrative officers, agents, | 899 |
engineers, architects, attorneys, contractors, sub-contractors, | 900 |
and employees as may be appropriate in the exercise of the rights, | 901 |
powers and duties conferred upon it, prescribe the duties and | 902 |
compensation for such persons, require bonds to be given by any | 903 |
such persons and by officers of the authority for the faithful | 904 |
performance of their duties, and fix the amount and surety | 905 |
therefor; and pay the same; | 906 |
(I) Make and enter into all contracts and agreements and | 908 |
execute all instruments relating to a new community development | 909 |
program, including contracts with the developer and other persons | 910 |
or entities related thereto for land acquisition and land | 911 |
development; acquisition, construction, and maintenance of | 912 |
community facilities; the provision of community services and | 913 |
management and coordinating services; with federal, state, | 914 |
interstate, regional, and local agencies and political | 915 |
subdivisions or combinations thereof in connection with the | 916 |
financing of such program, and with any municipal corporation or | 917 |
other public body, or combination thereof, providing for the | 918 |
acquisition, construction, improvement, extension, maintenance or | 919 |
operation of joint lands or facilities or for the provision of any | 920 |
services or activities relating to and in furtherance of a new | 921 |
community development program, including the creation of or | 922 |
participation in a regional transit authority created pursuant to | 923 |
the Revised Code; | 924 |
(J) Apply for and accept grants, loans or commitments of | 925 |
guarantee or insurance including any guarantees of community | 926 |
authority bonds and notes, from the United States, the state, or | 927 |
other public body or other sources, and provide any consideration | 928 |
which may be required in order to obtain such grants, loans or | 929 |
contracts of guarantee or insurance. Such loans or contracts of | 930 |
guarantee or insurance may be evidenced by the issuance of bonds | 931 |
as provided in section 349.08 of the Revised Code; | 932 |
(M) Enter agreements with the boards of education of any | 941 |
school districts in which all or part of the new community | 942 |
district lies, whereby the community authority may acquire | 943 |
property for, may construct and equip, and may sell, lease, | 944 |
dedicate, with or without consideration, or otherwise transfer | 945 |
lands, schools, classrooms, or other facilities, whether or not | 946 |
within the new community district, from the authority to the | 947 |
school district for school and related purposes; | 948 |
(Q) Enforce any covenants running with the land of which the | 964 |
new community authority is the beneficiary, including but not | 965 |
limited to the collection by any and all appropriate means of any | 966 |
community improvementdevelopment charge deemed to be a covenant | 967 |
running with the land and enforceable by the new community | 968 |
authority pursuant to section 349.07 of the Revised Code; and to | 969 |
waive, reduce, or terminate any community development charge of | 970 |
which it is the beneficiary to the extent not needed for any of | 971 |
the purposes provided in section 349.07 of the Revised Code, the | 972 |
procedure for which shall be provided in such covenants, and if | 973 |
new community authority bonds have been issued pledging any such | 974 |
community
improvementdevelopment charge, to the extent not | 975 |
prohibited in the resolution authorizing the issuance of such new | 976 |
community authority bonds or the trust agreement or indenture of | 977 |
mortgage securing the bonds; | 978 |
(R) Appropriate for its use, under sections 163.01 to 163.22 | 979 |
of the Revised Code, any land, easement, rights, rights-of-way, | 980 |
franchises, or other property in the new community district | 981 |
required by the authority for community facilities. The authority | 982 |
may not so appropriate any land, easement, rights, rights-of-way, | 983 |
franchises, or other property that is not included in the new | 984 |
community district. | 985 |
(S) In the case of a new community authority established on | 986 |
or after the effective date of this amendment and before January | 987 |
1, 2012, enter into any agreements as may be necessary, | 988 |
appropriate, or useful to support a new community development | 989 |
program, including, but not limited to, cooperative agreements or | 990 |
other agreements with political subdivisions for services, | 991 |
materials, or products; for the administration, calculation, or | 992 |
collection of community development charges; or for sharing of | 993 |
revenue derived from community development charges, community | 994 |
facilities, or other sources. The agreements may be made with or | 995 |
without consideration as the parties determine. | 996 |
Sec. 349.14. Except as provided in section 349.03 of the | 997 |
Revised Code, or as otherwise provided in a resolution adopted by | 998 |
the organizational board of commissioners, of a new community | 999 |
authority established on or after the effective date of this | 1000 |
amendment and before January 1, 2012, a new community authority | 1001 |
organized under this chapter may be dissolved only on the vote of | 1002 |
a majority of the voters of the new community district at a | 1003 |
special election called by the board of trustees on the question | 1004 |
of dissolution. Such an election may be called only after the | 1005 |
board has determined that the new community development program | 1006 |
has been completed, when no community authority bonds or notes are | 1007 |
outstanding, and other legal indebtedness of the authority has | 1008 |
been discharged or provided for, and only after there has been | 1009 |
filed with the board of trustees a petition requesting such | 1010 |
election, signed by a number of qualified electors residing in the | 1011 |
new community district equal to not less than eight per cent of | 1012 |
the total vote cast for all candidates for governor in the new | 1013 |
community district at the most recent general election at which a | 1014 |
governor was elected. If a majority of the votes cast favor | 1015 |
dissolution, the board of trustees shall, by resolution, declare | 1016 |
the authority dissolved and thereupon the community authority | 1017 |
shall be dissolved. A certified copy of the resolution shall, | 1018 |
within fifteen days after its adoption, be filed with the clerk of | 1019 |
the board of county commissioners of the county in which the | 1020 |
petition for the organization of the new community authority was | 1021 |
filed. | 1022 |
Upon dissolution of a new community authority, the powers | 1023 |
thereof shall cease to exist. Any property of the new community | 1024 |
authority which is located within the corporate limits of a | 1025 |
municipality shall vest in that municipal corporation and all | 1026 |
other property of the community authority shall vest in the county | 1027 |
in which said property is located. Any funds of the community | 1028 |
authority at the time of dissolution shall be transferred to the | 1029 |
municipal corporation and county in which the new community | 1030 |
district is located in the proportion to the assessed valuation of | 1031 |
taxable real property of the new community authority within such | 1032 |
municipal corporation and county as said valuation appears on the | 1033 |
current assessment rolls. | 1034 |
(A)(1) To borrow money for any of the purposes of the | 1038 |
community improvement corporation by means of loans, lines of | 1039 |
credit, or any other financial instruments or securities, | 1040 |
including the issuance of its bonds, debentures, notes, or other | 1041 |
evidences of indebtedness, whether secured or unsecured, and to | 1042 |
secure the same by mortgage, pledge, deed of trust, or other lien | 1043 |
on its property, franchises, rights, and privileges of every kind | 1044 |
and nature or any part thereof or interest therein; and | 1045 |
(b)(i) If the land subject to reutilization is located within | 1054 |
an unincorporated area of the county, that the board of county | 1055 |
commissioners issue notes under section 307.082 of the Revised | 1056 |
Code for the purpose of constructing public infrastructure | 1057 |
improvements and take other actions as the board determines are in | 1058 |
the interest of the county and are authorized under sections | 1059 |
5709.78 to 5709.81 of the Revised Code or bonds or notes under | 1060 |
section 5709.81 of the Revised Code for the refunding purposes set | 1061 |
forth in that section; or | 1062 |
(B) To make loans to any person, firm, partnership, | 1069 |
corporation, joint stock company, association, or trust, and to | 1070 |
establish and regulate the terms and conditions with respect to | 1071 |
any such loans; provided that an economic development corporation | 1072 |
shall not approve any application for a loan unless and until the | 1073 |
person applying for said loan shows that the person has applied | 1074 |
for the loan through ordinary banking or commercial channels and | 1075 |
that the loan has been refused by at least one bank or other | 1076 |
financial institution. Nothing in this division shall preclude a | 1077 |
county land reutilization corporation from making revolving loans | 1078 |
to community development corporations, private entities, or groups | 1079 |
any person for the purposes contained in the corporation's plan | 1080 |
under section 1724.10 of the Revised Code. | 1081 |
(C) To purchase, receive, hold, manage, lease, | 1082 |
lease-purchase, or otherwise acquire and to sell, convey, | 1083 |
transfer, lease, sublease, or otherwise dispose of real and | 1084 |
personal property, together with such rights and privileges as may | 1085 |
be incidental and appurtenant thereto and the use thereof, | 1086 |
including but not restricted to, any real or personal property | 1087 |
acquired by the community improvement corporation from time to | 1088 |
time in the satisfaction of debts or enforcement of obligations, | 1089 |
and to enter into contracts with third parties, including the | 1090 |
federal government, the state, any political subdivision, or any | 1091 |
other entity. A county land reutilization corporation shall not | 1092 |
acquire an interest in real property if such acquisition causes | 1093 |
the percentage of unoccupied real property held by the corporation | 1094 |
to become less than seventy-five per cent of all real property | 1095 |
held by the corporation for reutilization, reclamation, or | 1096 |
rehabilitation. For the purposes of this division, "unoccupied" | 1097 |
has the same meaning as in section 323.65 of the Revised Code. | 1098 |
(D) To acquire the good will, business, rights, real and | 1099 |
personal property, and other assets, or any part thereof, or | 1100 |
interest therein, of any persons, firms, partnerships, | 1101 |
corporations, joint stock companies, associations, or trusts, and | 1102 |
to assume, undertake, or pay the obligations, debts, and | 1103 |
liabilities of any such person, firm, partnership, corporation, | 1104 |
joint stock company, association, or trust; to acquire, reclaim, | 1105 |
manage, or contract for the management of improved or unimproved | 1106 |
and underutilized real estate for the purpose of constructing | 1107 |
industrial plants, other business establishments, or housing | 1108 |
thereon, or causing the same to occur, for the purpose of | 1109 |
assembling and enhancing utilization of the real estate, or for | 1110 |
the purpose of disposing of such real estate to others in whole or | 1111 |
in part for the construction of industrial plants, other business | 1112 |
establishments, or housing; and to acquire, reclaim, manage, | 1113 |
contract for the management of, construct or reconstruct, alter, | 1114 |
repair, maintain, operate, sell, convey, transfer, lease, | 1115 |
sublease, or otherwise dispose of industrial plants, business | 1116 |
establishments, or housing. | 1117 |
(E) To acquire, subscribe for, own, hold, sell, assign, | 1118 |
transfer, mortgage, pledge, or otherwise dispose of the stock, | 1119 |
shares, bonds, debentures, notes, or other securities and | 1120 |
evidences of interest in, or indebtedness of, any person, firm, | 1121 |
corporation, joint stock company, association, or trust, and while | 1122 |
the owner or holder thereof, to exercise all the rights, powers, | 1123 |
and privileges of ownership, including the right to vote therein, | 1124 |
provided that no tax revenue, if any, received by a community | 1125 |
improvement corporation shall be used for such acquisition or | 1126 |
subscription. | 1127 |
(J) To engage in code enforcement and nuisance abatement, | 1141 |
including, but not limited to, cutting grass and weeds, boarding | 1142 |
up vacant or abandoned structures, and demolishing condemned | 1143 |
structures on properties that are subject to a delinquent tax or | 1144 |
assessment lien, or property for which a municipal corporation or | 1145 |
township has contracted with a county land reutilization | 1146 |
corporation to provide code enforcement or nuisance abatement | 1147 |
assistance. | 1148 |
Sec. 1724.03. (A) After the articles of incorporation have | 1181 |
been filed, and at the first meeting of the board of directors of | 1182 |
a county land reutilization corporation, the board shall adopt | 1183 |
regulations for the government of the corporation, the conduct of | 1184 |
its affairs, and the management of its property, consistent with | 1185 |
law and the articles. The content of the regulations shall be | 1186 |
governed by section 1702.11 of the Revised Code to the extent not | 1187 |
inconsistent with this chapter.
| 1188 |
(B) The board of directors of a county land reutilization | 1189 |
corporation shall be composed of at least five, seven, or nine | 1190 |
members, including the county treasurer, at least two of the | 1191 |
members of the board of county commissioners, one representative | 1192 |
of the largest municipal corporation, based on the population | 1193 |
according to the most recent federal decennial census, that is | 1194 |
located in the county, one representative of a township with a | 1195 |
population of at least ten thousand in the unincorporated area of | 1196 |
the township according to the most recent federal decennial | 1197 |
census, if such a township exists in the county, and twoany | 1198 |
remaining members selected by the treasurer and the county | 1199 |
commissioners who are members of the corporation's board and | 1200 |
approved by a majority of the chief executive officers of all | 1201 |
municipal corporations the majority of the territory of which is | 1202 |
located in the county. The treasurer and county commissioners who | 1203 |
are members of the board of directors shall establish the process | 1204 |
by which such approval shall be obtained. The failure, refusal, or | 1205 |
inability of any chief executive officer to respond in writing to | 1206 |
any request for approval of the members selected by the treasurer | 1207 |
and county commissioners within fourteen days shall be deemed an | 1208 |
approval by the chief executive officer. Any such failure, | 1209 |
refusal, or inability to respond shall not prevent the corporation | 1210 |
from exercising its powers and authority under this chapter. At | 1211 |
least one board member shall have private sector or nonprofit | 1212 |
experience in rehabilitation or real estate acquisitions. A county | 1213 |
treasurer and the county commissioners each may appoint a | 1214 |
representative, as a director of the corporation, to act for the | 1215 |
officer at any of the meetings of the corporation. Except as may | 1216 |
otherwise be authorized by the regulations of the corporation, all | 1217 |
members of the board of directors shall serve without | 1218 |
compensation, but shall be reimbursed for actual and necessary | 1219 |
expenses.
| 1220 |
Sec. 1724.04. A county having a population of more than one | 1221 |
million two hundred thousandsixty thousand as of the most recent | 1222 |
decennial census that elects under section 5722.02 of the Revised | 1223 |
Code to adopt and implement the procedures set forth in sections | 1224 |
5722.02 to 5722.15 of the Revised Code may organize a county land | 1225 |
reutilization corporation under this chapter and Chapter 1702. of | 1226 |
the Revised Code for the purpose of exercising the powers granted | 1227 |
to a county under Chapter 5722. of the Revised Code. The county | 1228 |
treasurer of the county for the benefit of which the corporation | 1229 |
is being organized shall be the incorporator of the county land | 1230 |
reutilization corporation. The form of the articles of | 1231 |
incorporation of the corporation shall be approved by resolution | 1232 |
of the board of county commissioners of the county. | 1233 |
When the articles of incorporation of any community | 1234 |
improvement corporation, or any amendment, amended articles, | 1235 |
merger, or consolidation which provides for the creation of such a | 1236 |
corporation, are deposited for filing and recording in the office | 1237 |
of the secretary of state, the secretary of state shall submit | 1238 |
them to the attorney general for examination. If such articles, | 1239 |
amendment, amended articles, merger, or consolidation, are found | 1240 |
by the attorney general to be in accordance with Chapter 1724. of | 1241 |
the Revised Code, and not inconsistent with the constitution and | 1242 |
laws of the United States and of this state, the attorney general | 1243 |
shall endorse thereon the attorney general's approval and deliver | 1244 |
them to the secretary of state, who shall file and record them | 1245 |
pursuant to section 1702.07 of the Revised Code. | 1246 |
Sec. 1724.05. Each community improvement corporation shall | 1247 |
prepare an annual financial report that conforms to rules | 1248 |
prescribed by the auditor of state pursuant to section 117.20 of | 1249 |
the Revised Code, that is prepared according to generally accepted | 1250 |
accounting principles, and that is certified by the board of | 1251 |
directors of the corporation or its treasurer or other chief | 1252 |
fiscal officer to the best knowledge and belief of those persons | 1253 |
certifying the report. The financial report shall be filed with | 1254 |
the auditor of state within one hundred twenty days following the | 1255 |
last day of the corporation's fiscal year, unless the auditor of | 1256 |
state extends that deadline. The auditor of state may establish | 1257 |
terms and conditions for granting any extension of that deadline. | 1258 |
The financial report shall be published on the corporation's web | 1259 |
site, or if the corporation does not have a web site, on the web | 1260 |
site of the county in which the corporation is located. | 1261 |
Each community improvement corporation shall submit to audits | 1262 |
by the auditor of state, the scope and frequency of which shall be | 1263 |
in accordance with section 117.11 of the Revised Code as if the | 1264 |
corporation were a public office subject to that section. However, | 1265 |
a community improvement corporation may request in accordance with | 1266 |
section 115.56 of the Revised Code, as if the corporation were a | 1267 |
public office subject to that section, the performance of any of | 1268 |
those audits by an independent certified public accountant or firm | 1269 |
of certified public accountants. | 1270 |
The taxing authority of any subdivision at any time and in | 1280 |
any year, by vote of two-thirds of all the members of the taxing | 1281 |
authority, may declare by resolution and certify the resolution to | 1282 |
the board of elections not less than seventy-five days before the | 1283 |
election upon which it will be voted that the amount of taxes that | 1284 |
may be raised within the ten-mill limitation will be insufficient | 1285 |
to provide for the necessary requirements of the subdivision and | 1286 |
that it is necessary to levy a tax in excess of that limitation | 1287 |
for any of the following purposes: | 1288 |
(I) For the purpose of providing and maintaining fire | 1313 |
apparatus, appliances, buildings, or sites therefor, or sources of | 1314 |
water supply and materials therefor, or the establishment and | 1315 |
maintenance of lines of fire alarm telegraph, or the payment of | 1316 |
permanent, part-time, or volunteer firefighters or firefighting | 1317 |
companies to operate the same, including the payment of the | 1318 |
firefighter employers' contribution required under section 742.34 | 1319 |
of the Revised Code, or the purchase of ambulance equipment, or | 1320 |
the provision of ambulance, paramedic, or other emergency medical | 1321 |
services operated by a fire department or firefighting company; | 1322 |
(J) For the purpose of providing and maintaining motor | 1323 |
vehicles, communications, other equipment, buildings, and sites | 1324 |
for such buildings used directly in the operation of a police | 1325 |
department, or the payment of salaries of permanent police | 1326 |
personnel, including the payment of the police officer employers' | 1327 |
contribution required under section 742.33 of the Revised Code, or | 1328 |
the payment of the costs incurred by townships as a result of | 1329 |
contracts made with other political subdivisions in order to | 1330 |
obtain police protection, or the provision of ambulance or | 1331 |
emergency medical services operated by a police department; | 1332 |
(Q) For the purpose of purchasing, acquiring, constructing, | 1350 |
enlarging, improving, equipping, repairing, maintaining, or | 1351 |
operating, or any combination of the foregoing, a county transit | 1352 |
system pursuant to sections 306.01 to 306.13 of the Revised Code, | 1353 |
or of making any payment to a board of county commissioners | 1354 |
operating a transit system or a county transit board pursuant to | 1355 |
section 306.06 of the Revised Code; | 1356 |
(EE) For the creation and operation of an office or joint | 1391 |
office of economic development, for any economic development | 1392 |
purpose of the office, and to otherwise provide for the | 1393 |
establishment and operation of a program of economic development | 1394 |
pursuant to sections 307.07 and 307.64 of the Revised Code, or to | 1395 |
the extent that the expenses of a county land reutilization | 1396 |
corporation organized under Chapter 1724. of the Revised Code are | 1397 |
found by the board of county commissioners to constitute the | 1398 |
promotion of economic development, for the payment of such | 1399 |
operations and expenses; | 1400 |
(HH) For a board of township trustees to acquire, other than | 1411 |
by appropriation, an ownership interest in land, water, or | 1412 |
wetlands, or to restore or maintain land, water, or wetlands in | 1413 |
which the board has an ownership interest, not for purposes of | 1414 |
recreation, but for the purposes of protecting and preserving the | 1415 |
natural, scenic, open, or wooded condition of the land, water, or | 1416 |
wetlands against modification or encroachment resulting from | 1417 |
occupation, development, or other use, which may be styled as | 1418 |
protecting or preserving "greenspace" in the resolution, notice of | 1419 |
election, or ballot form. Except as otherwise provided in this | 1420 |
division, land is not acquired for purposes of recreation, even if | 1421 |
the land is used for recreational purposes, so long as no | 1422 |
building, structure, or fixture used for recreational purposes is | 1423 |
permanently attached or affixed to the land. Except as otherwise | 1424 |
provided in this division, land that previously has been acquired | 1425 |
in a township for these greenspace purposes may subsequently be | 1426 |
used for recreational purposes if the board of township trustees | 1427 |
adopts a resolution approving that use and no building, structure, | 1428 |
or fixture used for recreational purposes is permanently attached | 1429 |
or affixed to the land. The authorization to use greenspace land | 1430 |
for recreational use does not apply to land located in a township | 1431 |
that had a population, at the time it passed its first greenspace | 1432 |
levy, of more than thirty-eight thousand within a county that had | 1433 |
a population, at that time, of at least eight hundred sixty | 1434 |
thousand. | 1435 |
A levy for one of the purposes set forth in division (G), | 1525 |
(I), (J), or (U) of this section may be reduced pursuant to | 1526 |
section 5705.261 or 5705.31 of the Revised Code. A levy for one of | 1527 |
the purposes set forth in division (G), (I), (J), or (U) of this | 1528 |
section may also be terminated or permanently reduced by the | 1529 |
taxing authority if it adopts a resolution stating that the | 1530 |
continuance of the levy is unnecessary and the levy shall be | 1531 |
terminated or that the millage is excessive and the levy shall be | 1532 |
decreased by a designated amount. | 1533 |
A resolution of a detention facility district, a district | 1534 |
organized under section 2151.65 of the Revised Code, or a combined | 1535 |
district organized under both sections 2151.65 and 2152.41 of the | 1536 |
Revised Code may include both current expenses and other purposes, | 1537 |
provided that the resolution shall apportion the annual rate of | 1538 |
levy between the current expenses and the other purpose or | 1539 |
purposes. The apportionment need not be the same for each year of | 1540 |
the levy, but the respective portions of the rate actually levied | 1541 |
each year for the current expenses and the other purpose or | 1542 |
purposes shall be limited by the apportionment. | 1543 |
Whenever a board of county commissioners, acting either as | 1544 |
the taxing authority of its county or as the taxing authority of a | 1545 |
sewer district or subdistrict created under Chapter 6117. of the | 1546 |
Revised Code, by resolution declares it necessary to levy a tax in | 1547 |
excess of the ten-mill limitation for the purpose of constructing, | 1548 |
improving, or extending sewage disposal plants or sewage systems, | 1549 |
the tax may be in effect for any number of years not exceeding | 1550 |
twenty, and the proceeds of the tax, notwithstanding the general | 1551 |
provisions of this section, may be used to pay debt charges on any | 1552 |
obligations issued and outstanding on behalf of the subdivision | 1553 |
for the purposes enumerated in this paragraph, provided that any | 1554 |
such obligations have been specifically described in the | 1555 |
resolution. | 1556 |
Sec. 5722.22. A county land reutilization corporation shall | 1565 |
is not be liable for damages arising from a, or subject to | 1566 |
equitable remedies, for breach of a common law duty, or for | 1567 |
violation of sections 3737.87 to 3737.891 of the Revised Code or | 1568 |
Chapter 3704., 3734., 3745., 3746., 3750., 3751., 3752., 6101., or | 1569 |
6111. of the Revised Code or any rule adopted or order, permit, | 1570 |
license, variance, or plan approval issued under any of those | 1571 |
chapters that is or was committed by another person in connection | 1572 |
with a parcel of land acquired by the county land reutilization | 1573 |
corporation.
| 1574 |
Situated in Section 26, Township 2, Range 7 of the Miami | 1584 |
River Survey, the City of Dayton, the County of Montgomery, the | 1585 |
State of Ohio, being a 9.6252 acre portion of a 33.5 acre tract as | 1586 |
conveyed to the State of Ohio as recorded in Deed Book 169, Page | 1587 |
585, and being a 14.1731 acre portion of a 21.25 acre tract as | 1588 |
conveyed to the State of Ohio as recorded in Deed Book 169, Page | 1589 |
583, being a 1.1817 acres portion of a 24.36 acre tract of land | 1590 |
conveyed to the Trustees of the Southern Ohio Lunatic Asylum as | 1591 |
recorded in Deed Book N-3, Page 233, being a 0.7258 acre portion | 1592 |
of a 10.544 acre tract as conveyed to the State of Ohio as | 1593 |
recorded in Deed Book 138, Page 125, being all of a parcel as | 1594 |
conveyed to the State of Ohio Department of Public Works for the | 1595 |
Use Of The Department of Public Welfare Dayton State Hospital as | 1596 |
recorded in Deed Book 1326, Page 247, being a part of a 8.500 acre | 1597 |
tract as conveyed to Board of County Commissioners of Montgomery | 1598 |
County of Dayton Ohio, as record in Microfiche 74-217C08, being | 1599 |
all of a 0.77 acre tract as conveyed to the State of Ohio | 1600 |
Department of Mental Health as recorded in Microfiche 01-703A01, | 1601 |
being all of a 4.67 acre tract as conveyed to the State of Ohio as | 1602 |
recorded in Deed Book 1603, Page 323, and being a portion of City | 1603 |
of Dayton Lot Number 61376, 61381, 61378, of the revised and | 1604 |
consecutive numbers of lots on the plat of the City of Dayton and | 1605 |
more particularly bounded and described as follows: | 1606 |
Thence with the east line of the said 8.338 acre tract, and | 1620 |
the west line of the said 2.36 acre tract, the east line of a | 1621 |
11.579 acre tract as conveyed to Hospice of Dayton as recorded in | 1622 |
Microfiche 94-0448C08, the west line of a 10.544 acre parcel as | 1623 |
conveyed to the State of Ohio as record in Deed Book 138, Page | 1624 |
125, South 3°24'08" East, 956.68 feet to a 5/8" Iron Pin set and | 1625 |
being the True Point of Beginning for the herein described 39.524 | 1626 |
Acre tract. | 1627 |
(D) Upon payment of the purchase price, the Auditor of State, | 1723 |
with the assistance of the Attorney General, shall prepare a deed | 1724 |
to the real estate described in division (A) of this section. The | 1725 |
deed shall state the consideration and shall be executed by the | 1726 |
Governor in the name of the state, countersigned by the Secretary | 1727 |
of State, sealed with the Great Seal of the State, presented in | 1728 |
the Office of the Auditor of State for recording, and delivered to | 1729 |
the Grantee. The Grantee shall present the deed for recording in | 1730 |
the Office of the Montgomery County Recorder. | 1731 |
(F) The proceeds of the conveyance of the real estate | 1735 |
described in division (A) of this section shall be deposited into | 1736 |
the Department of Mental Health Trust Fund created by section | 1737 |
5119.18 of the Revised Code except to the extent that any of the | 1738 |
proceeds are determined to be necessary to retire any bond issued | 1739 |
by the State of Ohio for the facilities located on the real estate | 1740 |
described in division (A) of this section, in which case such | 1741 |
amounts determined necessary to retire such bonds shall be | 1742 |
deposited into the state treasury to the credit of the Mental | 1743 |
Health Facilities Improvement Fund (Fund 033), created by division | 1744 |
(F) of section 154.20 of the Revised Code, to retire such bonds, | 1745 |
and any of the proceeds remaining after payment of all interest, | 1746 |
principal, and charges for the issuance and retirement of the | 1747 |
bonds shall be credited to the Department of Mental Health Trust | 1748 |
Fund. | 1749 |