Sec. 3313.41. (A) Except as provided in divisions (C), (D), | 23 |
(F), and (G) of this section and in section 3313.412 of the | 24 |
Revised Code, when a board of education decides to dispose of real | 25 |
or personal property that it owns in its corporate capacity and | 26 |
that exceeds in value ten thousand dollars, it shall sell the | 27 |
property at public auction, after giving at least thirty days' | 28 |
notice of the auction by publication in a newspaper of general | 29 |
circulation in the school district, by publication as provided in | 30 |
section 7.16 of the Revised Code, or by posting notices in five of | 31 |
the most public places in the school district in which the | 32 |
property, if it is real property, is situated, or, if it is | 33 |
personal property, in the school district of the board of | 34 |
education that owns the property. The board may offer real | 35 |
property for sale as an entire tract or in parcels. | 36 |
(B) When the board of education has offered real or personal | 37 |
property for sale at public auction at least once pursuant to | 38 |
division (A) of this section, and the property has not been sold, | 39 |
the board may sell it at a private sale. Regardless of how it was | 40 |
offered at public auction, at a private sale, the board shall, as | 41 |
it considers best, sell real property as an entire tract or in | 42 |
parcels, and personal property in a single lot or in several lots. | 43 |
(C) If a board of education decides to dispose of real or | 44 |
personal property that it owns in its corporate capacity and that | 45 |
exceeds in value ten thousand dollars, it may sell the property to | 46 |
the adjutant general; to any subdivision or taxing authority as | 47 |
respectively defined in section 5705.01 of the Revised Code, | 48 |
township park district, board of park commissioners established | 49 |
under Chapter 755. of the Revised Code, or park district | 50 |
established under Chapter 1545. of the Revised Code; to a wholly | 51 |
or partially tax-supported university, university branch, or | 52 |
college; to a nonprofit institution of higher education that has a | 53 |
certificate of authorization under Chapter 1713. of the Revised | 54 |
Code; to the governing authority of a chartered nonpublic school; | 55 |
or to the board of trustees of a school district library, upon | 56 |
such terms as are agreed upon. The sale of real or personal | 57 |
property to the board of trustees of a school district library is | 58 |
limited, in the case of real property, to a school district | 59 |
library within whose boundaries the real property is situated, or, | 60 |
in the case of personal property, to a school district library | 61 |
whose boundaries lie in whole or in part within the school | 62 |
district of the selling board of education. | 63 |
(F) When a board of education has identified a parcel of real | 72 |
property that it determines is needed for school purposes, the | 73 |
board may, upon a majority vote of the members of the board, | 74 |
acquire that property by exchanging real property that the board | 75 |
owns in its corporate capacity for the identified real property or | 76 |
by using real property that the board owns in its corporate | 77 |
capacity as part or an entire consideration for the purchase price | 78 |
of the identified real property. Any exchange or acquisition made | 79 |
pursuant to this division shall be made by a conveyance executed | 80 |
by the president and the treasurer of the board. | 81 |
(G) WhenExcept as provided in section 3313.412 of the | 82 |
Revised Code, when a school district board of education decides to | 83 |
dispose of real property, prior to disposing of that property | 84 |
under divisions (A) to (F) of this section, it shall first offer | 85 |
that property for sale to the governing authorities of the | 86 |
start-up community schools established under Chapter 3314. of the | 87 |
Revised Code, and the board of trustees of any college-preparatory | 88 |
boarding school established under Chapter 3328. of the Revised | 89 |
Code, that are located within the territory of the school | 90 |
district. The district board shall offer the property at a price | 91 |
that is not higher than the appraised fair market value of that | 92 |
property as determined in an appraisal of the property that is not | 93 |
more than one year old. If more than one community school | 94 |
governing authority or college-preparatory boarding school board | 95 |
of trustees accepts the offer made by the school district board, | 96 |
the board shall sell the property to the governing authority or | 97 |
board that accepted the offer first in time. If no community | 98 |
school governing authority or college-preparatory boarding school | 99 |
board of trustees accepts the offer within sixty days after the | 100 |
offer is made by the school district board, the board may dispose | 101 |
of the property in the applicable manner prescribed under | 102 |
divisions (A) to (F) of this section. | 103 |
(H) When a school district board of education has property | 104 |
that the board, by resolution, finds is not needed for school | 105 |
district use, is obsolete, or is unfit for the use for which it | 106 |
was acquired, the board may donate that property in accordance | 107 |
with this division if the fair market value of the property is, in | 108 |
the opinion of the board, two thousand five hundred dollars or | 109 |
less. | 110 |
The property may be donated to an eligible nonprofit | 111 |
organization that is located in this state and is exempt from | 112 |
federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3). | 113 |
Before donating any property under this division, the board shall | 114 |
adopt a resolution expressing its intent to make unneeded, | 115 |
obsolete, or unfit-for-use school district property available to | 116 |
these organizations. The resolution shall include guidelines and | 117 |
procedures the board considers to be necessary to implement the | 118 |
donation program and shall indicate whether the school district | 119 |
will conduct the donation program or the board will contract with | 120 |
a representative to conduct it. If a representative is known when | 121 |
the resolution is adopted, the resolution shall provide contact | 122 |
information such as the representative's name, address, and | 123 |
telephone number. | 124 |
The resolution shall include within its procedures a | 125 |
requirement that any nonprofit organization desiring to obtain | 126 |
donated property under this division shall submit a written notice | 127 |
to the board or its representative. The written notice shall | 128 |
include evidence that the organization is a nonprofit organization | 129 |
that is located in this state and is exempt from federal income | 130 |
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of | 131 |
the organization's primary purpose; a description of the type or | 132 |
types of property the organization needs; and the name, address, | 133 |
and telephone number of a person designated by the organization's | 134 |
governing board to receive donated property and to serve as its | 135 |
agent. | 136 |
After adoption of the resolution, the board shall publish, in | 137 |
a newspaper of general circulation in the school district or as | 138 |
provided in section 7.16 of the Revised Code, notice of its intent | 139 |
to donate unneeded, obsolete, or unfit-for-use school district | 140 |
property to eligible nonprofit organizations. The notice shall | 141 |
include a summary of the information provided in the resolution | 142 |
and shall be published twice. The second notice shall be published | 143 |
not less than ten nor more than twenty days after the previous | 144 |
notice. A similar notice also shall be posted continually in the | 145 |
board's office. If the school district maintains a web site on the | 146 |
internet, the notice shall be posted continually at that web site. | 147 |
The board or its representatives shall maintain a list of all | 148 |
nonprofit organizations that notify the board or its | 149 |
representative of their desire to obtain donated property under | 150 |
this division and that the board or its representative determines | 151 |
to be eligible, in accordance with the requirements set forth in | 152 |
this section and in the donation program's guidelines and | 153 |
procedures, to receive donated property. | 154 |
The board or its representative also shall maintain a list of | 155 |
all school district property the board finds to be unneeded, | 156 |
obsolete, or unfit for use and to be available for donation under | 157 |
this division. The list shall be posted continually in a | 158 |
conspicuous location in the board's office, and, if the school | 159 |
district maintains a web site on the internet, the list shall be | 160 |
posted continually at that web site. An item of property on the | 161 |
list shall be donated to the eligible nonprofit organization that | 162 |
first declares to the board or its representative its desire to | 163 |
obtain the item unless the board previously has established, by | 164 |
resolution, a list of eligible nonprofit organizations that shall | 165 |
be given priority with respect to the item's donation. Priority | 166 |
may be given on the basis that the purposes of a nonprofit | 167 |
organization have a direct relationship to specific school | 168 |
district purposes of programs provided or administered by the | 169 |
board. A resolution giving priority to certain nonprofit | 170 |
organizations with respect to the donation of an item of property | 171 |
shall specify the reasons why the organizations are given that | 172 |
priority. | 173 |
Members of the board shall consult with the Ohio ethics | 174 |
commission, and comply with Chapters 102. and 2921. of the Revised | 175 |
Code, with respect to any donation under this division to a | 176 |
nonprofit organization of which a board member, any member of a | 177 |
board member's family, or any business associate of a board member | 178 |
is a trustee, officer, board member, or employee. | 179 |
(B)(1) OnExcept as provided in section 3313.412 of the | 191 |
Revised Code, on and after June 30, 2011, any school district | 192 |
board of education shall offer any unused school facilities it | 193 |
owns in its corporate capacity for lease or sale to the governing | 194 |
authorities of community schools, and the board of trustees of any | 195 |
college-preparatory boarding school, that are located within the | 196 |
territory of the district. | 197 |
(2) At the same time that a district board makes the offer | 198 |
required under division (B)(1) of this section, the board also | 199 |
may, but shall not be required to, offer that property for sale or | 200 |
lease to the governing authorities of community schools with | 201 |
plans, stipulated in their contracts entered into under section | 202 |
3314.03 of the Revised Code, either to relocate their operations | 203 |
to the territory of the district or to add facilities, as | 204 |
authorized by division (B)(3) or (4) of section 3314.05 of the | 205 |
Revised Code, to be located within the territory of the district. | 206 |
(C)(1) If, not later than sixty days after the district board | 207 |
makes the offer, only one qualified party offered the property | 208 |
under division (B) of this section notifies the district treasurer | 209 |
in writing of the intention to purchase the property, the district | 210 |
board shall sell the property to that party for the appraised fair | 211 |
market value of the property as determined in an appraisal of the | 212 |
property that is not more than one year old. | 213 |
(2) If, not later than sixty days after the district board | 214 |
makes the offer, more than one qualified party offered the | 215 |
property under division (B) of this section notifies the district | 216 |
treasurer in writing of the intention to purchase the property, | 217 |
the board shall conduct a public auction in the manner required | 218 |
for auctions of district property under division (A) of section | 219 |
3313.41 of the Revised Code. Only the parties offered the property | 220 |
under division (B) of this section that notify the district | 221 |
treasurer of the intention to purchase the property are eligible | 222 |
to bid at the auction. The district board is not obligated to | 223 |
accept any bid for the property that is lower than the appraised | 224 |
fair market value of the property as determined in an appraisal | 225 |
that is not more than one year old. | 226 |
Sec. 3354.121. (A)(1) Each community college district may | 266 |
acquire, by purchase, lease, lease-purchase, lease with option to | 267 |
purchase, or otherwise, construct, equip, furnish, reconstruct, | 268 |
alter, enlarge, remodel, renovate, rehabilitate, improve, | 269 |
maintain, repair, and operate, and lease to or from others, | 270 |
auxiliary facilities or education facilities, except housing and | 271 |
dining facilities, and may pay for the facilities out of available | 272 |
receipts of such district. To pay all or part of the costs of | 273 |
auxiliary facilities or education facilities, except housing and | 274 |
dining facilities, and any combination of them, and to refund | 275 |
obligations previously issued for such purpose, each community | 276 |
college district may issue obligations in the manner provided by | 277 |
and subject to the applicable provisions of section 3345.12 of the | 278 |
Revised Code. | 279 |
(2) A community college district that is located within one | 280 |
mile of a four-year private, nonprofit institution of higher | 281 |
education in the state may acquire, by purchase, lease, | 282 |
lease-purchase, lease with option to purchase, or otherwise, | 283 |
construct, equip, furnish, reconstruct, alter, enlarge, remodel, | 284 |
renovate, rehabilitate, improve, maintain, repair, and operate, | 285 |
and lease to or from others, housing and dining facilities, and | 286 |
may pay for the facilities out of the available receipts of such | 287 |
district. To pay all or part of the costs of the housing and | 288 |
dining facilities, and to refund obligations previously issued for | 289 |
such purpose, the community college district may issue obligations | 290 |
in the manner provided by and subject to the applicable provisions | 291 |
of section 3345.12 of the Revised Code. | 292 |
(D) The obligations authorized by this section are not bonded | 299 |
indebtedness of the community college district, shall not | 300 |
constitute general obligations or the pledge of the full faith and | 301 |
credit of such district, and the holders or owners thereof shall | 302 |
have no right to require the board to levy or collect any taxes | 303 |
for the payment of bond service charges, but they shall have the | 304 |
right to payment thereof solely from the available receipts and | 305 |
funds pledged for such payment as authorized by section 3345.12 of | 306 |
the Revised Code and this section. | 307 |
(C)(1) At least once per year, both houses of the general | 344 |
assemblythe adjutant general shall obtainprovide a list of | 345 |
eligible medal recipients fromto the adjutant general and meet in | 346 |
joint convention todepartment of veterans services and the | 347 |
governor. The adjutant general shall prepare a medal for each | 348 |
eligible medal recipient. The medal shall be presented to the | 349 |
recipient's primary next of kin, as designated by the recipient. | 350 |
If the recipient has not designated a primary next of kin or if | 351 |
the designated primary next of kin is deceased, the primary next | 352 |
of kin shall be determined under the rules of the United States | 353 |
department of defense.
| 354 |
If neither of the medal recipient's parents is the primary | 364 |
next of kin, as determined under division (C)(1) of this section, | 365 |
the living parents of the medal recipient jointly may request a | 366 |
duplicate medal at no cost, except that if the parents of the | 367 |
medal recipient are not married to each other or are legally | 368 |
separated from each other, each living parent may request a | 369 |
duplicate medal at no cost. | 370 |
(2) A surviving spouse, a natural or adopted child who is at | 376 |
least eighteen years of age, a parent, a brother or sister, | 377 |
whether of the whole or the half blood, who is at least eighteen | 378 |
years of age, an aunt or uncle who is at least eighteen years of | 379 |
age, or a grandparent of a medal recipient may apply to the | 380 |
adjutant general, on a form prescribed by the adjutant general, to | 381 |
receive a duplicate medal. The applicant shall include with the | 382 |
application a fee in an amount to be determined by the adjutant | 383 |
general. The adjutant general shall set the fee at an amount no | 384 |
greater than the cost of producing the duplicate medal. | 385 |
Section 4. Within the limits set forth in this act, the | 414 |
Director of Budget and Management shall establish accounts | 415 |
indicating the source and amount of funds for each appropriation | 416 |
made in this act, and shall determine the form and manner in which | 417 |
appropriation accounts shall be maintained. Expenditures from | 418 |
appropriations contained in this act shall be accounted for as | 419 |
though made in Am. Sub. H.B. 153 of the 129th General Assembly. | 420 |
Sec. 707.10. For fiscal years 2013 and 2014, the legislative | 426 |
authority of a municipal corporation in a county, with a | 427 |
population between three hundred seventy-five thousand and four | 428 |
hundred thousand according to the most recent federal decennial | 429 |
census, may conduct a pilot program whereby the legislative | 430 |
authority may use up to five per cent of the aggregate amount of | 431 |
money deposited in the municipal corporation's sewer fund and up | 432 |
to five per cent of the aggregate amount of money deposited in a | 433 |
fund created by the municipal corporation for water-works for the | 434 |
purpose of extending the municipal corporation's water or sewerage | 435 |
system, as applicable, if both of the following apply: | 436 |