|
|
To amend sections 164.07, 307.022, 307.671, 307.673, | 1 |
307.674, 307.696, 351.06, 1506.44, 1710.02, | 2 |
4115.03, 4115.034, 4115.04, 4115.06, 4115.09, | 3 |
4115.10, 4115.133, 5540.03, 6117.012, and 6121.061 | 4 |
of the Revised Code to increase the threshold to | 5 |
trigger the requirement that the prevailing wage | 6 |
be paid for work on vertical public improvement | 7 |
projects and to allow political subdivisions and | 8 |
state institutions of higher education to elect | 9 |
whether to be subject to the Prevailing Wage Law | 10 |
for a public improvement project. | 11 |
Section 1. That sections 164.07, 307.022, 307.671, 307.673, | 12 |
307.674, 307.696, 351.06, 1506.44, 1710.02, 4115.03, 4115.034, | 13 |
4115.04, 4115.06, 4115.09, 4115.10, 4115.133, 5540.03, 6117.012, | 14 |
and 6121.061 of the Revised Code be amended to read as follows: | 15 |
Sec. 164.07. | 16 |
improvement projects to be financed in whole or in part under this | 17 |
chapter, a local subdivision shall comply with the percentage | 18 |
requirements of section 125.081 of the Revised Code. | 19 |
| 20 |
21 | |
22 | |
23 | |
24 | |
25 | |
26 |
Sec. 307.022. (A) The board of county commissioners of any | 27 |
county may do both of the following without following the | 28 |
competitive bidding requirements of section 307.86 of the Revised | 29 |
Code: | 30 |
(1) Enter into a lease, including a lease with an option to | 31 |
purchase, of correctional facilities for a term not in excess of | 32 |
forty years. Before entering into the lease, the board shall | 33 |
publish, once a week for three consecutive weeks in a newspaper of | 34 |
general circulation in the county or as provided in section 7.16 | 35 |
of the Revised Code, a notice that the board is accepting | 36 |
proposals for a lease pursuant to this division. The notice shall | 37 |
state the date before which the proposals are required to be | 38 |
submitted in order to be considered by the board. | 39 |
(2) Subject to compliance with this section, grant leases, | 40 |
easements, and licenses with respect to, or sell, real property | 41 |
owned by the county if the real property is to be leased back by | 42 |
the county for use as correctional facilities. | 43 |
The lease under division (A)(1) of this section shall require | 44 |
the county to contract, in accordance with Chapter 153. | 45 |
sections 307.86 to 307.92 | 46 |
for the construction, improvement, furnishing, and equipping of | 47 |
correctional facilities to be leased pursuant to this section. | 48 |
Prior to the board's execution of the lease, it may require the | 49 |
lessor under the lease to cause sufficient money to be made | 50 |
available to the county to enable the county to comply with the | 51 |
certification requirements of division (D) of section 5705.41 of | 52 |
the Revised Code. | 53 |
A lease entered into pursuant to division (A)(1) of this | 54 |
section by a board may provide for the county to maintain and | 55 |
repair the correctional facility during the term of the leasehold, | 56 |
may provide for the county to make rental payments prior to or | 57 |
after occupation of the correctional facilities by the county, and | 58 |
may provide for the board to obtain and maintain any insurance | 59 |
that the lessor may require, including, but not limited to, public | 60 |
liability, casualty, builder's risk, and business interruption | 61 |
insurance. The obligations incurred under a lease entered into | 62 |
pursuant to division (A)(1) of this section shall not be | 63 |
considered to be within the debt limitations of section 133.07 of | 64 |
the Revised Code. | 65 |
(B) The correctional facilities leased under division (A)(1) | 66 |
of this section may include any or all of the following: | 67 |
(1) Facilities in which one or more other governmental | 68 |
entities are participating or in which other facilities of the | 69 |
county are included; | 70 |
(2) Facilities acquired, constructed, renovated, or financed | 71 |
by the Ohio building authority and leased to the county pursuant | 72 |
to section 307.021 of the Revised Code; | 73 |
(3) Correctional facilities that are under construction or | 74 |
have been completed and for which no permanent financing has been | 75 |
arranged. | 76 |
(C) As used in this section: | 77 |
(1) "Correctional facilities" includes, but is not limited | 78 |
to, jails, detention facilities, workhouses, community-based | 79 |
correctional facilities, and family court centers. | 80 |
(2) "Construction" has the same meaning as in division (B) of | 81 |
section 4115.03 of the Revised Code. | 82 |
As used in division (C)(2) of this section: | 83 |
(a) "Public improvement" means all buildings, roads, streets, | 84 |
alleys, sewers, ditches, and other structures or works constructed | 85 |
by a public authority or by any person who, pursuant to a contract | 86 |
with a public authority, constructs any structure or work for a | 87 |
public authority. When a public authority rents or leases a newly | 88 |
constructed structure within six months after completion of its | 89 |
construction, any work performed on that structure to suit it for | 90 |
occupancy is a "public improvement." | 91 |
(b) "Public authority" means any officer, board, or | 92 |
commission of the state, or any political subdivision of the | 93 |
state, or any institution supported in whole or in part by public | 94 |
funds, authorized to enter into a contract for the construction of | 95 |
a public improvement or to construct a public improvement by the | 96 |
direct employment of labor. | 97 |
Sec. 307.671. (A) As used in this section: | 98 |
(1) "Bonds" means, as the context requires: general | 99 |
obligation bonds of the county, or notes in anticipation thereof, | 100 |
described in division (B)(1)(b) of this section; revenue bonds of | 101 |
the port authority described in division (B)(2)(a) of this | 102 |
section; and urban renewal bonds, or notes in anticipation | 103 |
thereof, of the host municipal corporation described in division | 104 |
(B)(3)(a) of this section. | 105 |
(2) "Corporation" means a nonprofit corporation that is | 106 |
organized under the laws of this state and that includes within | 107 |
the purposes for which it is incorporated the authorization to | 108 |
lease and operate facilities such as a port authority educational | 109 |
and cultural facility. | 110 |
(3) "Debt service charges" means, for any period or payable | 111 |
at any time, the principal of and interest and any premium due on | 112 |
bonds for that period or payable at that time whether due at | 113 |
maturity or upon mandatory redemption, together with any required | 114 |
deposits to reserves for the payment of principal of and interest | 115 |
on such bonds, and includes any payments required by the port | 116 |
authority to satisfy any of its obligations arising from any | 117 |
guaranty agreements, reimbursement agreements, or other credit | 118 |
enhancement agreements described in division (C) of this section. | 119 |
(4) "Host municipal corporation" means the municipal | 120 |
corporation within the boundaries of which the port authority | 121 |
educational and cultural facility is located. | 122 |
(5) "Port authority" means a port authority created pursuant | 123 |
to the authority of section 4582.02 of the Revised Code by a | 124 |
county and a host municipal corporation. | 125 |
(6) "Port authority educational and cultural facility" means | 126 |
a facility located within an urban renewal area that may consist | 127 |
of a museum, archives, library, hall of fame, center for | 128 |
contemporary music, or other facilities necessary to provide | 129 |
programs of an educational and cultural nature, together with all | 130 |
parking facilities, walkways, and other auxiliary facilities, real | 131 |
and personal property, property rights, easements, and interests | 132 |
that may be appropriate for, or used in connection with, the | 133 |
operation of the facility. | 134 |
(7) "Urban renewal area" means an area of a host municipal | 135 |
corporation that the legislative authority of the host municipal | 136 |
corporation has, at any time, designated as appropriate for an | 137 |
urban renewal project pursuant to Chapter 725. of the Revised | 138 |
Code. | 139 |
(B) The board of county commissioners of a county, a port | 140 |
authority, and a host municipal corporation may enter into a | 141 |
cooperative agreement with a corporation, under which: | 142 |
(1) The board of county commissioners agrees to do all of the | 143 |
following: | 144 |
(a) Levy a tax under division (D) of section 5739.09 of the | 145 |
Revised Code exclusively for the purposes described in divisions | 146 |
(B)(1)(c) and (d) of this section; | 147 |
(b) Issue general obligation bonds of the county, or notes in | 148 |
anticipation thereof, pursuant to Chapter 133. of the Revised | 149 |
Code, for the purpose of acquiring, constructing, and equipping | 150 |
the port authority educational and cultural facility and | 151 |
contribute the proceeds from the issuance to the port authority | 152 |
for such purpose. The cooperative agreement may provide that such | 153 |
proceeds be deposited with and administered by the trustee | 154 |
pursuant to the trust agreement provided for in division (C) of | 155 |
this section. | 156 |
(c) Following the issuance, sale, and delivery of the port | 157 |
authority revenue bonds provided for in division (B)(2)(a) of this | 158 |
section, and prior to the date certain stated in the cooperative | 159 |
agreement which shall be the date estimated for the completion of | 160 |
construction of the port authority educational and cultural | 161 |
facility, pledge and contribute to the port authority revenue from | 162 |
the tax levied pursuant to division (B)(1)(a) of this section, | 163 |
together with any investment earnings on that revenue, to pay a | 164 |
portion of the costs of acquiring, constructing, and equipping the | 165 |
port authority educational and cultural facility; | 166 |
(d) Following such date certain, pledge and contribute to the | 167 |
corporation all or such portion as provided for in the cooperative | 168 |
agreement of the revenue from the tax, together with any | 169 |
investment earnings on that revenue, to pay a portion of the costs | 170 |
of the corporation of leasing the port authority educational and | 171 |
cultural facility from the port authority. | 172 |
(2) The port authority agrees to do all of the following: | 173 |
(a) Issue revenue bonds of the port authority pursuant to | 174 |
Chapter 4582. of the Revised Code for the purpose of acquiring, | 175 |
constructing, and equipping the port authority educational and | 176 |
cultural facility; | 177 |
(b) Construct the port authority educational and cultural | 178 |
facility; | 179 |
(c) Lease the port authority educational and cultural | 180 |
facility to the corporation; | 181 |
(d) To the extent provided for in the cooperative agreement | 182 |
or the lease to the corporation, authorize the corporation to | 183 |
administer on behalf of the port authority the contracts for | 184 |
acquiring, constructing, or equipping a port authority educational | 185 |
and cultural facility; | 186 |
(e) Use the revenue derived from the lease of the port | 187 |
authority educational and cultural facility to the corporation | 188 |
solely to pay debt service charges on the revenue bonds of the | 189 |
port authority described in division (B)(2)(a) of this section. | 190 |
(3) The host municipal corporation agrees to do both of the | 191 |
following: | 192 |
(a) Issue urban renewal bonds of the host municipal | 193 |
corporation, or notes in anticipation thereof, pursuant to Chapter | 194 |
725. of the Revised Code for the purpose of acquiring and | 195 |
constructing the port authority educational and cultural facility | 196 |
and contribute the proceeds from the issuance to the port | 197 |
authority for such purpose. The cooperative agreement may provide | 198 |
that such proceeds be deposited with and administered by the | 199 |
trustee pursuant to the trust agreement provided for in division | 200 |
(C) of this section. | 201 |
(b) To the extent provided for in the cooperative agreement, | 202 |
contribute to the county, for use by the county to pay debt | 203 |
service charges on the bonds of the county, or notes in | 204 |
anticipation thereof, described in division (B)(1)(b) of this | 205 |
section, any excess urban renewal service payments pledged by the | 206 |
host municipal corporation to the urban renewal bonds described in | 207 |
division (B)(3)(a) of this section and not required on an annual | 208 |
basis to pay debt service charges on the urban renewal bonds. | 209 |
(4) The corporation agrees to do all of the following: | 210 |
(a) Lease the port authority educational and cultural | 211 |
facility from the port authority; | 212 |
(b) Operate and maintain the port authority educational and | 213 |
cultural facility pursuant to the lease; | 214 |
(c) To the extent provided for in the cooperative agreement | 215 |
or the lease from the port authority, administer on behalf of the | 216 |
port authority the contracts for acquiring, constructing, or | 217 |
equipping a port authority educational and cultural facility. | 218 |
(C) The pledges and contributions described in divisions | 219 |
(B)(1)(c) and (d) of this section and provided for in the | 220 |
cooperative agreement shall be for the period stated in the | 221 |
cooperative agreement, but shall not be in excess of the period | 222 |
necessary to provide for the final retirement of the port | 223 |
authority revenue bonds provided for in division (B)(2)(a) of this | 224 |
section and any bonds issued by the port authority to refund such | 225 |
bonds, and for the satisfaction by the port authority of any of | 226 |
its obligations arising from any guaranty agreements, | 227 |
reimbursement agreements, or other credit enhancement agreements | 228 |
relating to such bonds or to the revenues pledged to such bonds. | 229 |
The cooperative agreement shall provide for the termination of the | 230 |
cooperative agreement including the pledges and contributions | 231 |
described in divisions (B)(1)(c) and (d) of this section if the | 232 |
port authority revenue bonds provided for in division (B)(2)(a) of | 233 |
this section have not been issued, sold, and delivered within two | 234 |
years of the effective date of the cooperative agreement. | 235 |
The cooperative agreement shall provide that any revenue | 236 |
bonds of the port authority shall be secured by a trust agreement | 237 |
between the port authority and a corporate trustee that is a trust | 238 |
company or bank having the powers of a trust company within or | 239 |
outside the state. The county may be a party to such trust | 240 |
agreement for the purpose of securing the pledge by the county of | 241 |
its contribution to the corporation pursuant to division (B)(1)(d) | 242 |
of this section. A tax levied pursuant to division (B)(1)(a) of | 243 |
this section is not subject to diminution by initiative or | 244 |
referendum or diminution by statute, unless provision is made | 245 |
therein for an adequate substitute therefor reasonably | 246 |
satisfactory to the trustee under the trust agreement that secures | 247 |
the revenue bonds of the port authority. | 248 |
(D) A pledge of money by a county under this section shall | 249 |
not be net indebtedness of the county for purposes of section | 250 |
133.07 of the Revised Code. | 251 |
(E) If the terms of the cooperative agreement so provide, any | 252 |
contract for the acquisition, construction, or equipping of a port | 253 |
authority educational and cultural facility shall be made in such | 254 |
manner as is determined by the board of directors of the port | 255 |
authority, and unless the cooperative agreement provides | 256 |
otherwise, such a contract is not subject to division (A) of | 257 |
section 4582.12 of the Revised Code. The port authority may take | 258 |
the assignment of and assume any contracts for the acquisition, | 259 |
construction, and equipping of a port authority educational and | 260 |
cultural facility that previously have been authorized by either | 261 |
or both the host municipal corporation or the corporation. Such | 262 |
contracts likewise are not subject to division (A) of section | 263 |
4582.12 of the Revised Code. | 264 |
| 265 |
266 | |
267 | |
268 | |
269 | |
270 | |
271 | |
272 | |
273 | |
274 | |
275 |
Sec. 307.673. This section applies only in a county in which | 276 |
a tax is levied under section 307.697, 4301.421, 5743.024, or | 277 |
5743.323 of the Revised Code on | 278 |
279 |
(A) As used in this section: | 280 |
(1) "County taxes" means taxes levied by a board of county | 281 |
commissioners under division (D) of section 307.697, division (B) | 282 |
of section 4301.421, division (C) of section 5743.024, and section | 283 |
5743.323 of the Revised Code. | 284 |
(2) "Corporation" means a nonprofit corporation organized | 285 |
under the laws of this state and that includes among the purposes | 286 |
for which it is incorporated the authority to acquire, construct, | 287 |
renovate, equip, lease, manage, or operate a sports facility. | 288 |
(3) "Cooperative agreement" means an agreement entered into | 289 |
pursuant to this section. | 290 |
(4) "Cost of a sports facility" means the cost of acquiring, | 291 |
constructing, renovating, equipping, or improving one or more | 292 |
sports facilities, including reconstructing, rehabilitating, | 293 |
remodeling, and enlarging; the cost of equipping and furnishing | 294 |
such a facility; and all financing costs pertaining thereto, | 295 |
including the cost of engineering, architectural, and other | 296 |
professional services, designs, plans, specifications and surveys, | 297 |
and estimates of costs; the costs of refinancing obligations | 298 |
issued by, or reimbursement of money advanced by, the parties to | 299 |
the cooperative agreement or other persons, the proceeds of which | 300 |
obligations were used to pay the costs of the sports facility; the | 301 |
cost of tests and inspections; the cost of any indemnity or surety | 302 |
bonds and premiums on insurance, all related direct and | 303 |
administrative costs pertaining thereto, fees and expenses of | 304 |
trustees, depositories, and paying agents for the obligations, | 305 |
capitalized interest on the obligations, amounts necessary to | 306 |
establish reserves as required by the obligation proceedings, the | 307 |
reimbursement of money advanced or applied by the parties to the | 308 |
cooperative agreement or other persons for the payment of any item | 309 |
of costs of the sports facility, and all other expenses necessary | 310 |
or incident to planning or determining the feasibility or | 311 |
practicability with respect to the sports facility; and any other | 312 |
such expenses as may be necessary or incident to the acquisition, | 313 |
construction, reconstruction, rehabilitation, remodeling, | 314 |
renovation, enlargement, improvement, equipping, and furnishing of | 315 |
the sports facility, the financing of the sports facility, placing | 316 |
the sports facility in use and operation, including any one, part | 317 |
of, or combination of such classes of costs and expenses. | 318 |
(5) "Financing costs" has the same meaning as in section | 319 |
133.01 of the Revised Code. | 320 |
(6) "Obligations" means obligations issued or incurred to pay | 321 |
the cost of a sports facility, including bonds, notes, | 322 |
certificates of indebtedness, commercial paper, and other | 323 |
instruments in writing, anticipatory securities as defined in | 324 |
section 133.01 of the Revised Code, issued or incurred by an | 325 |
issuer pursuant to Chapter 133. or 4582. of the Revised Code or | 326 |
this section, or otherwise, to evidence the issuer's obligation to | 327 |
repay borrowed money, or to pay interest, by, or to pay at any | 328 |
future time other money obligations of, the issuer of the | 329 |
obligations, including obligations of an issuer or lessee to make | 330 |
payments under an installment sale, lease, lease-purchase, or | 331 |
similar agreement. | 332 |
(7) "Owner" means any person that owns or operates a | 333 |
professional athletic or sports team, that is party to a | 334 |
cooperative agreement, or that has a lease or other agreement with | 335 |
a party to a cooperative agreement, and that commits to use the | 336 |
sports facility that is the subject of the cooperative agreement | 337 |
for all of the team's home games for the period specified in that | 338 |
agreement. | 339 |
(8) "Payments," when used with reference to obligations, | 340 |
means payments of the principal, including any mandatory sinking | 341 |
fund deposits and mandatory redemption payments, interest and any | 342 |
redemption premium, and lease rentals, lease-purchase payments and | 343 |
other amounts payable under obligations in the form of installment | 344 |
sale, lease, lease-purchase, or similar agreements. | 345 |
(9) "Person" has the same meaning as defined in section | 346 |
133.01 of the Revised Code. | 347 |
(10) "Port authority" means a port authority created under | 348 |
Chapter 4582. of the Revised Code. | 349 |
(11) "Sports facility" means a facility, including a stadium, | 350 |
that is intended to house or provide a site for one or more major | 351 |
league professional athletic or sports teams or activities, | 352 |
together with all spectator facilities, parking facilities, | 353 |
walkways, and auxiliary facilities, real and personal property, | 354 |
property rights, easements, leasehold estates, and interests that | 355 |
may be appropriate for, or used in connection with, the operation | 356 |
of the sports facility. | 357 |
(B) The board of county commissioners of a county, the | 358 |
legislative authority of a municipal corporation, a port | 359 |
authority, a corporation, and an owner, or any combination | 360 |
thereof, may enter into one or more cooperative agreements under | 361 |
which the parties enter into one or more of the agreements | 362 |
described in divisions (B)(1) to (5) of this section. | 363 |
(1) The board of county commissioners agrees to do one or | 364 |
more of the following: | 365 |
(a) Levy a tax under division (D) of section 307.697, | 366 |
division (B) of section 4301.421, division (C) of section | 367 |
5743.024, and section 5743.323 of the Revised Code and make | 368 |
available all or a portion of the revenue from those taxes for the | 369 |
payment of the cost of the sports facility or to make payments on | 370 |
obligations; | 371 |
(b) Issue or incur obligations of the county pursuant to | 372 |
Chapter 133. of the Revised Code or this section; | 373 |
(c) Make available all or a portion of the revenue from those | 374 |
taxes or of the proceeds from the issuance of those obligations to | 375 |
the municipal corporation, port authority, corporation, or | 376 |
otherwise for the payment of the cost of a sports facility or the | 377 |
payment of obligations; | 378 |
(d) Acquire, construct, renovate, equip, lease to or from | 379 |
another person, and operate, directly or by a lease or management | 380 |
contract with another person, one or more sports facilities; | 381 |
(e) To the extent provided in the cooperative agreement or a | 382 |
lease with respect to a sports facility, authorize the municipal | 383 |
corporation, port authority, corporation, or owner to administer | 384 |
contracts for designing, planning, acquiring, constructing, | 385 |
renovating, or equipping a sports facility. | 386 |
(2) The port authority agrees to do one or more of the | 387 |
following: | 388 |
(a) Issue or incur obligations of the port authority pursuant | 389 |
to Chapter 133. or 4582. of the Revised Code or this section; | 390 |
(b) Make available all or a portion of the proceeds from the | 391 |
issuance of those obligations to the municipal corporation, | 392 |
county, or corporation for the payment of the cost of a sports | 393 |
facility or the payment of obligations; | 394 |
(c) Acquire, construct, renovate, equip, lease to or from | 395 |
another person, and operate, directly or by a lease or management | 396 |
contract with another person, one or more sports facilities; | 397 |
(d) To the extent provided in the cooperative agreement or a | 398 |
lease with respect to a sports facility, authorize the municipal | 399 |
corporation, county, corporation, or owner to administer contracts | 400 |
for designing, planning, acquiring, constructing, renovating, or | 401 |
equipping a sports facility. | 402 |
(3) The legislative authority of the municipal corporation | 403 |
agrees to do one or more of the following: | 404 |
(a) Make available the revenue from taxes levied by the | 405 |
legislative authority for the payment of the cost of a sports | 406 |
facility or to make payments on obligations; | 407 |
(b) Issue or incur obligations of the municipal corporation | 408 |
pursuant to Chapter 133. of the Revised Code or otherwise; | 409 |
(c) Make available all or a portion of the proceeds from the | 410 |
issuance of those obligations to the county, port authority, | 411 |
corporation, or otherwise for the payment of the cost of a sports | 412 |
facility or the payment of obligations; | 413 |
(d) Acquire, construct, renovate, equip, lease to or from | 414 |
another person, and operate, directly or by a lease or management | 415 |
contract with another person, one or more sports facilities; | 416 |
(e) To the extent provided in the cooperative agreement or a | 417 |
lease with respect to a sports facility, authorize the county, | 418 |
port authority, corporation, or owner to administer contracts for | 419 |
designing, planning, acquiring, constructing, renovating, or | 420 |
equipping a sports facility. | 421 |
(4) The corporation agrees to do one or more of the | 422 |
following: | 423 |
(a) Issue or incur obligations; | 424 |
(b) Make available all or a portion of the proceeds from the | 425 |
issuance of those obligations to the county, port authority, | 426 |
municipal corporation, or otherwise for the payment of the cost of | 427 |
a sports facility or the payment of obligations; | 428 |
(c) Acquire, construct, renovate, equip, lease to or from | 429 |
another person, and operate, directly or by a lease or management | 430 |
contract with another person, one or more sports facilities; | 431 |
(d) To the extent provided in the cooperative agreement or a | 432 |
lease with respect to a sports facility, agree that the | 433 |
corporation will administer contracts for designing, planning, | 434 |
acquiring, constructing, renovating, or equipping a sports | 435 |
facility. | 436 |
(5) The owner agrees to do one or more of the following: | 437 |
(a) Use the sports facility that is the subject of the | 438 |
cooperative agreement for all of the home games of the owner's | 439 |
professional athletic or sports team for a specified period; | 440 |
(b) Administer contracts for designing, planning, acquiring, | 441 |
constructing, renovating, or equipping a sports facility. | 442 |
(C) Any obligations may be secured by a trust agreement | 443 |
between the issuer of obligations and a corporate trustee that is | 444 |
a trust company or bank having the powers of a trust company in or | 445 |
outside this state and authorized to exercise corporate trust | 446 |
powers in this state. Proceeds from the issuance of any | 447 |
obligations or the taxes levied and collected by any party to the | 448 |
cooperative agreement may be deposited with and administered by a | 449 |
trustee pursuant to the trust agreement. | 450 |
| 451 |
452 | |
453 | |
454 | |
455 | |
456 | |
457 | |
458 |
Sec. 307.674. (A) As used in this section: | 459 |
(1) "Bonds" means: | 460 |
(a) Revenue bonds of the port authority described in division | 461 |
(B)(2)(a) of this section; | 462 |
(b) Securities as defined in division (KK) of section 133.01 | 463 |
of the Revised Code issued by the host municipal corporation, | 464 |
described in division (B)(3)(a) of this section; | 465 |
(c) Any bonds issued to refund any of those revenue bonds or | 466 |
securities. | 467 |
(2) "Corporation" means a nonprofit corporation that is | 468 |
organized under the laws of this state and that includes within | 469 |
the purposes for which it is incorporated the authorization to | 470 |
lease and operate facilities such as a port authority educational | 471 |
and cultural performing arts facility. | 472 |
(3) "Cost," as applied to a port authority educational and | 473 |
cultural performing arts facility, means the cost of acquiring, | 474 |
constructing, renovating, rehabilitating, equipping, or improving | 475 |
the facility, or any combination of those purposes, collectively | 476 |
referred to in this section as "construction," and the cost of | 477 |
acquisition of all land, rights of way, property rights, | 478 |
easements, franchise rights, and interests required for those | 479 |
purposes, the cost of demolishing or removing any buildings or | 480 |
structures on land so acquired, including the cost of acquiring | 481 |
any land to which those buildings or structures may be moved, the | 482 |
cost of public utility and common carrier relocation or | 483 |
duplication, the cost of all machinery, furnishings, and | 484 |
equipment, financing charges, interest prior to and during | 485 |
construction and for not more than three years after completion of | 486 |
construction, costs arising under guaranty agreements, | 487 |
reimbursement agreements, or other credit enhancement agreements | 488 |
relating to bonds, engineering, expenses of research and | 489 |
development with respect to such facility, legal expenses, plans, | 490 |
specifications, surveys, studies, estimates of costs and revenues, | 491 |
other expenses necessary or incident to determining the | 492 |
feasibility or practicability of acquiring or constructing the | 493 |
facility, administrative expense, and other expenses as may be | 494 |
necessary or incident to that acquisition or construction and the | 495 |
financing of such acquisition or construction, including, with | 496 |
respect to the revenue bonds of a port authority, amounts to be | 497 |
paid into any special funds from the proceeds of those bonds, and | 498 |
repayments to the port authority, host county, host municipal | 499 |
corporation, or corporation of any amounts advanced for the | 500 |
foregoing purposes. | 501 |
(4) "Debt service charges" means, for any period or payable | 502 |
at any time, the principal of and interest and any premium due on | 503 |
bonds for that period or payable at that time whether due at | 504 |
maturity or upon mandatory redemption, together with any required | 505 |
deposits to reserves for the payment of principal of and interest | 506 |
on those bonds, and includes any payments required by the port | 507 |
authority to satisfy any of its obligations under or arising from | 508 |
any guaranty agreements, reimbursement agreements, or other credit | 509 |
enhancement agreements described in division (C) of this section. | 510 |
(5) "Host county" means the county within the boundaries of | 511 |
which the port authority educational and cultural performing arts | 512 |
facility is or will be located. | 513 |
(6) "Host municipal corporation" means the municipal | 514 |
corporation within the boundaries of which the port authority | 515 |
educational and cultural performing arts facility is or will be | 516 |
located. | 517 |
(7) "Port authority" means a port authority created pursuant | 518 |
to section 4582.22 of the Revised Code. | 519 |
(8) "Port authority educational and cultural performing arts | 520 |
facility" means a facility that consists of a center for music or | 521 |
other performing arts, a theater or other facilities to provide | 522 |
programs of an educational, recreational, or cultural nature, or | 523 |
any combination of those purposes as determined by the parties to | 524 |
the cooperative agreement for which provision is made in division | 525 |
(B) of this section to fulfill the public educational, | 526 |
recreational, and cultural purposes set forth therein, together | 527 |
with all parking facilities, walkways, and other auxiliary | 528 |
facilities, real and personal property, property rights, | 529 |
easements, and interests that may be appropriate for, or used in | 530 |
connection with, the operation of the facility. | 531 |
(B) A host county, a host municipal corporation, and a port | 532 |
authority may enter into a cooperative agreement with a | 533 |
corporation under which, as further provided for in that | 534 |
agreement: | 535 |
(1) The host county may agree to do any or all of the | 536 |
following: | 537 |
(a) Levy and collect a tax under division (E) and division | 538 |
(F) of section 5739.09 of the Revised Code for the purposes, and | 539 |
in an amount sufficient for those purposes, described in divisions | 540 |
(B)(1)(b) and (c) of this section; | 541 |
(b) Pay to the port authority all or such portion as provided | 542 |
for in the cooperative agreement of the revenue from the tax, | 543 |
together with any investment earnings on that revenue, to be used | 544 |
to pay a portion of the costs of acquiring, constructing, | 545 |
renovating, rehabilitating, equipping, or improving the port | 546 |
authority educational and cultural performing arts facility; | 547 |
(c) Pledge and pay to the corporation all or such portion as | 548 |
provided for in the cooperative agreement of the revenue from the | 549 |
tax, together with any investment earnings on that revenue, to be | 550 |
used to pay a portion of the costs to the corporation of leasing | 551 |
the port authority educational and cultural performing arts | 552 |
facility from the port authority. | 553 |
(2) The port authority may agree to do any or all of the | 554 |
following: | 555 |
(a) Issue its revenue bonds pursuant to section 4582.48 of | 556 |
the Revised Code for the purpose of paying all or a portion of the | 557 |
costs of the port authority educational and cultural performing | 558 |
arts facility; | 559 |
(b) Acquire, construct, renovate, rehabilitate, equip, and | 560 |
improve the port authority educational and cultural performing | 561 |
arts facility; | 562 |
(c) Lease the port authority educational and cultural | 563 |
performing arts facility to the corporation; | 564 |
(d) To the extent provided for in the cooperative agreement | 565 |
or the lease to the corporation, authorize the corporation to | 566 |
administer on behalf of the port authority the contracts for | 567 |
acquiring, constructing, renovating, rehabilitating, or equipping | 568 |
the port authority educational and cultural performing arts | 569 |
facility; | 570 |
(e) Use the revenue derived from the lease of the port | 571 |
authority educational and cultural performing arts facility to the | 572 |
corporation solely to pay debt service charges on revenue bonds of | 573 |
the port authority issued pursuant to division (B)(2)(a) of this | 574 |
section and to pay its obligations under or arising from any | 575 |
guaranty agreements, reimbursement agreements, or other credit | 576 |
enhancement agreements provided for in this section. | 577 |
(3) The host municipal corporation may agree to do either or | 578 |
both of the following: | 579 |
(a) Issue its bonds for the purpose of paying all or a | 580 |
portion of the costs of the port authority educational and | 581 |
cultural performing arts facility, and pay the proceeds from the | 582 |
issuance to the port authority for that purpose; | 583 |
(b) Enter into a guaranty agreement, a reimbursement | 584 |
agreement, or other credit enhancement agreement with the port | 585 |
authority to provide a guaranty or other credit enhancement of the | 586 |
port authority revenue bonds referred to in division (B)(2)(a) of | 587 |
this section pledging taxes, other than ad valorem property taxes, | 588 |
or other revenues for the purpose of providing the funds required | 589 |
to satisfy the host municipal corporation's obligations under that | 590 |
agreement. | 591 |
The cooperative agreement may provide that the proceeds of | 592 |
such securities or of such guaranty agreement, reimbursement | 593 |
agreement, or other credit enhancement agreement be deposited with | 594 |
and administered by the trustee pursuant to the trust agreement | 595 |
authorized in division (C) of this section. | 596 |
(4) The corporation may agree to do any or all of the | 597 |
following: | 598 |
(a) Lease the port authority educational and cultural | 599 |
performing arts facility from the port authority; | 600 |
(b) Operate and maintain the port authority educational and | 601 |
cultural performing arts facility pursuant to the lease; | 602 |
(c) To the extent provided for in the cooperative agreement | 603 |
or the lease from the port authority, administer on behalf of the | 604 |
port authority the contracts for acquiring, constructing, | 605 |
renovating, rehabilitating, or equipping the port authority | 606 |
educational and cultural performing arts facility. | 607 |
(C) The pledge and payments referred to in divisions | 608 |
(B)(1)(b) and (c) of this section and provided for in the | 609 |
cooperative agreement shall be for the period stated in the | 610 |
cooperative agreement but shall not extend longer than the period | 611 |
necessary to provide for the final retirement of the port | 612 |
authority revenue bonds referred to in division (B)(2)(a) of this | 613 |
section, and for the satisfaction by the port authority of any of | 614 |
its obligations under or arising from any guaranty agreements, | 615 |
reimbursement agreements, or other credit enhancement agreements | 616 |
relating to those bonds or to the revenues pledged to them. The | 617 |
cooperative agreement shall provide for the termination of the | 618 |
cooperative agreement, including the pledge and payment referred | 619 |
to in division (B)(1)(c) of this section, if the port authority | 620 |
revenue bonds referred to in division (B)(2)(a) of this section | 621 |
have not been issued, sold, and delivered within five years of the | 622 |
effective date of the cooperative agreement. | 623 |
The cooperative agreement shall provide that any port | 624 |
authority revenue bonds shall be secured by a trust agreement | 625 |
between the port authority and a corporate trustee that is a trust | 626 |
company or bank having the powers of a trust company within or | 627 |
outside the state but authorized to exercise trust powers within | 628 |
the state. The host county may be a party to that trust agreement | 629 |
for the purpose of better securing the pledge by the host county | 630 |
of its payment to the corporation pursuant to division (B)(1)(c) | 631 |
of this section. A tax levied pursuant to section 5739.09 of the | 632 |
Revised Code for the purposes specified in division (B)(1)(b) or | 633 |
(c) of this section is not subject to diminution by initiative or | 634 |
referendum or diminution by statute, unless provision is made for | 635 |
an adequate substitute reasonably satisfactory to the trustee | 636 |
under the trust agreement that secures the port authority revenue | 637 |
bonds. | 638 |
(D) A pledge of money by a host county under this section | 639 |
shall not be net indebtedness of the host county for purposes of | 640 |
section 133.07 of the Revised Code. A guaranty or other credit | 641 |
enhancement by a host municipal corporation under this section | 642 |
shall not be net indebtedness of the host municipal corporation | 643 |
for purposes of section 133.05 of the Revised Code. | 644 |
(E) If the terms of the cooperative agreement so provide, any | 645 |
contract for the acquisition, construction, renovation, | 646 |
rehabilitation, equipping, or improving of a port authority | 647 |
educational and cultural performing arts facility shall be made in | 648 |
such manner as is determined by the board of directors of the port | 649 |
authority, and unless the cooperative agreement provides | 650 |
otherwise, such a contract is not subject to division (R)(2) of | 651 |
section 4582.31 of the Revised Code. The port authority may take | 652 |
the assignment of and assume any contracts for the acquisition, | 653 |
construction, renovation, rehabilitation, equipping, or improving | 654 |
of a port authority educational and cultural performing arts | 655 |
facility that had previously been authorized by any of the host | 656 |
county, the host municipality, or the corporation. Such contracts | 657 |
are not subject to division (R)(2) of section 4582.31 of the | 658 |
Revised Code. | 659 |
| 660 |
661 | |
662 | |
663 | |
664 | |
665 | |
666 | |
667 | |
668 | |
669 | |
670 | |
671 |
Notwithstanding any provisions to the contrary in section | 672 |
3383.07 of the Revised Code, construction services and general | 673 |
building services for a port authority educational and cultural | 674 |
performing arts facility funded completely or in part with money | 675 |
appropriated by the state to the Ohio cultural facilities | 676 |
commission may be provided by a port authority or a corporation | 677 |
that occupies, will occupy, or is responsible for that facility, | 678 |
as determined by the commission. The construction services and | 679 |
general building services to be provided by the port authority or | 680 |
the corporation shall be specified in an agreement between the | 681 |
commission and the port authority or corporation. That agreement, | 682 |
or any actions taken under it, are not subject to Chapters 123. or | 683 |
153. of the Revised Code | 684 |
685 |
Sec. 307.696. (A) As used in this section: | 686 |
(1) "County taxes" means taxes levied by the county pursuant | 687 |
to sections 307.697, 4301.421, 5743.024, and 5743.323 of the | 688 |
Revised Code. | 689 |
(2) "Corporation" means a nonprofit corporation that is | 690 |
organized under the laws of this state for the purposes of | 691 |
operating or constructing and operating a sports facility in the | 692 |
county and that may also be organized under the laws of this state | 693 |
for the additional purposes of conducting redevelopment and | 694 |
economic development activities within the host municipal | 695 |
corporation. | 696 |
(3) "Sports facility" means a sports facility that is | 697 |
intended to house major league professional athletic teams, | 698 |
including a stadium, together with all parking facilities, | 699 |
walkways, and other auxiliary facilities, real and personal | 700 |
property, property rights, easements, and interests that may be | 701 |
appropriate for, or used in connection with, the operation of the | 702 |
facility. | 703 |
(4) "Construction" includes, but is not limited to, providing | 704 |
fixtures, furnishings, and equipment. | 705 |
(5) "Debt service charges" means the interest, principal, | 706 |
premium, if any, carrying and redemption charges, and expenses on | 707 |
bonds issued by either the county or the corporation to: | 708 |
(a) Construct a sports facility or provide for related | 709 |
redevelopment or economic development as provided in this section; | 710 |
(b) Acquire real and personal property, property rights, | 711 |
easements, or interests that may be appropriate for, or used in | 712 |
connection with, the operation of the facility; and | 713 |
(c) Make site improvements to real property, including, but | 714 |
not limited to, demolition, excavation, and installation of | 715 |
footers, pilings, and foundations. | 716 |
(6) "Host municipal corporation" means the municipal | 717 |
corporation within the boundaries of which the sports facility is | 718 |
located, and with which a national football league, major league | 719 |
baseball, or national basketball association sports franchise is | 720 |
associated on | 721 |
(B) A board of county commissioners of a county that levies a | 722 |
tax under section 307.697, 4301.421, or 5743.024 of the Revised | 723 |
Code may enter into an agreement with a corporation operating in | 724 |
the county, and, if there is a host municipal corporation all or a | 725 |
part of which is located in the county, shall enter into an | 726 |
agreement with a corporation operating in the county and the host | 727 |
municipal corporation, under which: | 728 |
(1)(a) The corporation agrees to construct and operate a | 729 |
sports facility in the county and to pledge and contribute all or | 730 |
any part of the revenues derived from its operation, as specified | 731 |
in the agreement, for the purposes described in division (C)(1) of | 732 |
this section; and | 733 |
(b) The board agrees to levy county taxes and pledge and | 734 |
contribute any part or all of the revenues therefrom, as specified | 735 |
in the agreement, for the purposes described in division (C)(1) of | 736 |
this section; or | 737 |
(2)(a) The corporation agrees to operate a sports facility | 738 |
constructed by the county and to pledge and contribute all or any | 739 |
part of the revenues derived from its operation, as specified in | 740 |
the agreement, for the purposes described in division (C)(2) of | 741 |
this section; and | 742 |
(b) The board agrees to issue revenue bonds of the county, | 743 |
use the proceeds from the sale of the bonds to construct a sports | 744 |
facility in the county, and to levy county taxes and pledge and | 745 |
contribute all or any part of the revenues therefrom, as specified | 746 |
in the agreement, for the purposes described in division (C)(2) of | 747 |
this section; and, if applicable | 748 |
(3) The host municipal corporation agrees to expend the | 749 |
unused pledges and contributions and surplus revenues as described | 750 |
in divisions (C)(1) and (2) of this section for redevelopment and | 751 |
economic development purposes related to the sports facility. | 752 |
(C)(1) The primary purpose of the pledges and contributions | 753 |
described in division (B)(1) of this section is payment of debt | 754 |
service charges. To the extent the pledges and contributions are | 755 |
not used by the county or corporation for payment of debt service | 756 |
charges, the county or corporation, pursuant to the agreement | 757 |
provided for in division (B) of this section, shall provide the | 758 |
unused pledges and contributions, together with surplus revenues | 759 |
of the sports facility not needed for debt service charges or the | 760 |
operation and maintenance of the sports facility, to the host | 761 |
municipal corporation, or a nonprofit corporation, which may be | 762 |
the corporation acting on behalf of the host municipal | 763 |
corporation, for redevelopment and economic development purposes | 764 |
related to the sports facility. If the county taxes are also | 765 |
levied for the purpose of making permanent improvements, the | 766 |
agreement shall include a schedule of annual pledges and | 767 |
contributions by the county for the payment of debt service | 768 |
charges. The county's pledge and contribution provided for in the | 769 |
agreement shall be for the period stated in the agreement but not | 770 |
to exceed twenty years. The agreement shall provide that any such | 771 |
bonds and notes shall be secured by a trust agreement between the | 772 |
corporation or other bond issuer and a corporate trustee that is a | 773 |
trust company or bank having the powers of a trust company within | 774 |
or without the state, and the trust agreement shall pledge or | 775 |
assign to the retirement of the bonds or notes, all moneys paid by | 776 |
the county for that purpose under this section. A county tax, all | 777 |
or any part of the revenues from which are pledged under an | 778 |
agreement entered into by a board of county commissioners under | 779 |
this section shall not be subject to diminution by initiative or | 780 |
referendum, or diminution by statute, unless provision is made | 781 |
therein for an adequate substitute therefor reasonably | 782 |
satisfactory to the trustee under the trust agreement that secures | 783 |
the bonds and notes. | 784 |
(2) The primary purpose of the pledges and contributions | 785 |
described in division (B)(2) of this section is payment of debt | 786 |
service charges. To the extent the pledges and contributions are | 787 |
not used by the county for payment of debt service charges, the | 788 |
county or corporation, pursuant to the agreement provided for in | 789 |
division (B) of this section, shall provide the unused pledges and | 790 |
contributions, together with surplus revenues of the sports | 791 |
facility not needed for debt service charges or the operation and | 792 |
maintenance of the sports facility, to the host municipal | 793 |
corporation, or a nonprofit corporation, which may be the | 794 |
corporation, acting on behalf of the host municipal corporation, | 795 |
for redevelopment and economic development purposes related to the | 796 |
sports facility. The corporation's pledge and contribution | 797 |
provided for in the agreement shall be until all of the bonds | 798 |
issued for the construction of the facility have been retired. | 799 |
(D) A pledge of money by a county under this section shall | 800 |
not be indebtedness of the county for purposes of Chapter 133. of | 801 |
the Revised Code. | 802 |
(E) If the terms of the agreement so provide, the board of | 803 |
county commissioners may acquire, make site improvements to, | 804 |
including, but not limited to, demolition, excavation, and | 805 |
installation of footers, pilings, and foundations, and lease real | 806 |
property for the sports facility to a corporation that constructs | 807 |
a sports facility under division (B)(1) of this section. The | 808 |
agreement shall specify the term, which shall not exceed thirty | 809 |
years and shall be on such terms as are set forth in the | 810 |
agreement. The purchase, improvement, and lease may be the subject | 811 |
of an agreement between the county and a municipal corporation | 812 |
located within the county pursuant to section 153.61 or 307.15 of | 813 |
the Revised Code, and are not subject to the limitations of | 814 |
sections 307.02 and 307.09 of the Revised Code. | 815 |
(F) The corporation shall not enter into any construction | 816 |
contract or contract for the purchase of services for use in | 817 |
connection with the construction of a sports facility prior to the | 818 |
corporation's adoption and implementation of a policy on the set | 819 |
aside of contracts for bidding by or award to minority business | 820 |
enterprises, as defined in division (E)(1) of section 122.71 of | 821 |
the Revised Code. | 822 |
823 |
(G) Not more than one-half of the total costs, including debt | 824 |
service charges and cost of operation, of a project undertaken | 825 |
pursuant to an agreement entered into under division (B) of this | 826 |
section shall be paid from county taxes. Nothing in this section | 827 |
authorizes the use of revenues from county taxes or proceeds from | 828 |
the sale of bonds issued by the board of county commissioners for | 829 |
payment of costs of operation of a sports facility. | 830 |
Sec. 351.06. | 831 |
832 | |
833 | |
834 | |
835 | |
836 | |
authority is a contracting authority for purposes of sections | 837 |
307.86 to 307.91 of the Revised Code. | 838 |
No convention facilities authority shall construct a facility | 839 |
under this chapter unless the plans for the facility provide for | 840 |
parking and transportation determined by the board of county | 841 |
commissioners as adequate to serve that facility. | 842 |
A convention facilities authority may do all of the | 843 |
following: | 844 |
(A) Adopt bylaws for the regulation of its affairs and the | 845 |
conduct of its business; | 846 |
(B) Adopt an official seal; | 847 |
(C) Maintain a principal office within its territory; | 848 |
(D) Acquire, purchase, construct, reconstruct, enlarge, | 849 |
furnish, equip, maintain, repair, sell, exchange, lease or rent | 850 |
to, lease or rent from, operate, or contract for the operation by | 851 |
others of, facilities within its territory, and make charges for | 852 |
the use of the facilities; | 853 |
(E) Make available the use or services of any facility to | 854 |
persons or governmental agencies on such terms and conditions as | 855 |
the authority shall determine; | 856 |
(F) By resolution of its board of directors, issue convention | 857 |
facilities authority revenue bonds beyond the limit of bonded | 858 |
indebtedness provided by law, payable solely from revenues as | 859 |
provided in section 351.14 of the Revised Code, unless the bonds | 860 |
are refunded by refunding bonds, for the purpose of providing | 861 |
funds to pay the costs of any facility or facilities or parts of | 862 |
any facility or facilities, and, if moneys raised by taxation are | 863 |
not obligated or pledged for the payment of those revenue bonds, | 864 |
to pay the costs of any facility or facilities or parts of any | 865 |
facility or facilities pursuant to Section 13 of Article VIII, | 866 |
Ohio Constitution, and in order to create or preserve jobs and | 867 |
employment opportunities and improve the economic welfare of the | 868 |
people of the state; | 869 |
(G) Maintain such funds as it determines necessary; | 870 |
(H) Direct its agents or employees, when properly identified | 871 |
in writing and after at least five days' written notice, to enter | 872 |
upon lands within its territory in order to make surveys and | 873 |
examinations preliminary to location and construction of | 874 |
facilities, or other work for the purposes of the convention | 875 |
facilities authority, without liability of the authority or its | 876 |
agents or employees except for actual damage done; | 877 |
(I) Promote, advertise, and publicize the authority and its | 878 |
facilities; | 879 |
(J)(1) Adopt rules, not in conflict with general law, | 880 |
governing the use of its property, grounds, buildings, equipment, | 881 |
and facilities, and the conduct of its employees and the public, | 882 |
in order to promote the public safety and convenience in and about | 883 |
its facilities and grounds, and to maintain order. Any such rule | 884 |
shall be posted at a prominent place in each of the buildings or | 885 |
facilities to which it applies. | 886 |
(2) No person shall violate any lawful rule adopted and | 887 |
posted as provided in this division. | 888 |
(K) Acquire by gift or purchase, hold, lease, and dispose of | 889 |
real and personal property and interests in the property in the | 890 |
exercise of its powers and the performance of its duties under | 891 |
this chapter; | 892 |
(L) Acquire, in the name of the authority, by purchase or | 893 |
otherwise, on such terms and in such manner as the authority finds | 894 |
proper, or by the exercise of the right of appropriation in the | 895 |
manner provided by section 351.22 of the Revised Code, such public | 896 |
or private lands, including public parks, playgrounds, or | 897 |
reservations, or parts thereof or rights therein, rights-of-way, | 898 |
rights, franchises, easements, and interests as it finds necessary | 899 |
or proper for carrying out this chapter, and compensation shall be | 900 |
paid for public or private lands so taken; | 901 |
(M) Make and enter into all contracts and agreements and | 902 |
execute all instruments necessary or incidental to the performance | 903 |
of its duties and the execution of its powers under this chapter | 904 |
provided that no construction contract or contract for the | 905 |
purchase of goods or services shall be approved or entered into by | 906 |
the authority prior to the adoption and implementation of a policy | 907 |
on the set aside of contracts for bidding by or award to minority | 908 |
business enterprises, as defined in division (E)(1) of section | 909 |
122.71 of the Revised Code; | 910 |
(N) Employ managers, superintendents, and other employees and | 911 |
retain or contract with consulting engineers, financial | 912 |
consultants, accounting experts, architects, attorneys, and such | 913 |
other consultants and independent contractors as are necessary in | 914 |
its judgment to carry out this chapter, and fix their | 915 |
compensation. All expenses of doing so shall be payable solely | 916 |
from the proceeds of convention facilities authority bonds and | 917 |
notes issued under this chapter, or from excise taxes and | 918 |
revenues. | 919 |
(O) Receive and accept from any governmental agency grants | 920 |
for or in aid of the purposes of the authority, and receive and | 921 |
accept aid or contributions from any source of money, property, | 922 |
labor, or other things of value, to be held, used, and applied | 923 |
only for the purposes for which such grants and contributions are | 924 |
made; | 925 |
(P) Engage in research and development with respect to | 926 |
facilities; | 927 |
(Q) Purchase fire and extended coverage and liability | 928 |
insurance for any facility and for the offices of the authority, | 929 |
insurance protecting the authority and its officers and employees | 930 |
against liability for damage to property or injury to or death of | 931 |
persons arising from its operations, and any other insurance the | 932 |
authority may agree to provide under any resolution authorizing | 933 |
its convention facilities authority revenue bonds or in any trust | 934 |
agreement securing the same; | 935 |
(R) Charge, alter, and collect rentals and other charges for | 936 |
the use or services of any facility as provided in section 351.09 | 937 |
of the Revised Code; | 938 |
(S) If a tax proposed under section 5739.026 of the Revised | 939 |
Code is disapproved by the electors, request the board of county | 940 |
commissioners to dissolve the authority pursuant to section 351.03 | 941 |
of the Revised Code; | 942 |
(T) By resolution of its board of directors, levy any of the | 943 |
excise taxes authorized by division (B) or (C) of section 351.021 | 944 |
of the Revised Code if authorized by the county commissioners, and | 945 |
issue convention facilities authority tax anticipation bonds | 946 |
beyond any limit of bonded indebtedness provided by law, payable | 947 |
solely from excise taxes levied pursuant to division (B) or (C) of | 948 |
section 351.021 of the Revised Code and revenues as provided in | 949 |
section 351.141 of the Revised Code. | 950 |
(U) Do all acts necessary or proper to carry out the powers | 951 |
expressly granted in this chapter. | 952 |
Sec. 1506.44. (A) A board of county commissioners may use a | 953 |
loan obtained under division (C) of this section to provide | 954 |
financial assistance to any person who owns real property in a | 955 |
coastal erosion area and who has received a permit under section | 956 |
1506.40 of the Revised Code to construct an erosion control | 957 |
structure in that coastal erosion area. The board shall enter into | 958 |
an agreement with the person that complies with all of the | 959 |
following requirements: | 960 |
(1) The agreement shall identify the person's real property | 961 |
for which the erosion control structure is being constructed and | 962 |
shall include a legal description of that property and a reference | 963 |
to the volume and page of the deed record in which the title of | 964 |
that person to that property is recorded. | 965 |
(2) In accordance with rules adopted by the Ohio water | 966 |
development authority under division (V) of section 6121.04 of the | 967 |
Revised Code for the purposes of division (C) of this section and | 968 |
pursuant to an agreement between the board and the authority under | 969 |
that division, the board shall agree to cause payments to be made | 970 |
by the authority to the contractor hired by the person to | 971 |
construct an erosion control structure in amounts not to exceed | 972 |
the total amount specified in the agreement between the board and | 973 |
the person. | 974 |
(3) The person shall agree to pay to the board, or to the | 975 |
authority as the assignee pursuant to division (C) of this | 976 |
section, the total amount of the payments plus administrative or | 977 |
other costs of the board or the authority at times, in | 978 |
installments, and bearing interest as specified in the agreement. | 979 |
The agreement may contain additional provisions that the | 980 |
board determines necessary to safeguard the interests of the | 981 |
county or to comply with an agreement entered into under division | 982 |
(C) of this section. | 983 |
(B) Upon entering into an agreement under division (A) of | 984 |
this section, the board shall do all of the following: | 985 |
(1) Cause the agreement to be recorded in the county deed | 986 |
records in the office of the county recorder of the county in | 987 |
which the real property is situated. Failure to record the | 988 |
agreement does not affect the validity of the agreement or the | 989 |
collection of any amounts due under the agreement. | 990 |
(2) Establish by resolution an erosion control repayment fund | 991 |
into which shall be deposited all amounts collected under division | 992 |
(B)(3) of this section. Moneys in that fund shall be used by the | 993 |
board for the repayment of the loan and for administrative or | 994 |
other costs of the board or the authority as specified in an | 995 |
agreement entered into under division (C) of this section. If the | 996 |
amount of money in the fund is inadequate to repay the loan when | 997 |
due, the board of county commissioners, by resolution, may advance | 998 |
money from any other fund in order to repay the loan if that use | 999 |
of the money from the other fund is not in conflict with law. If | 1000 |
the board so advances money in order to repay the loan, the board | 1001 |
subsequently shall reimburse each fund from which the board | 1002 |
advances money with moneys from the erosion control repayment | 1003 |
fund. | 1004 |
(3) Bill and collect all amounts when due under the agreement | 1005 |
entered into under division (A) of this section. The board shall | 1006 |
certify amounts not paid when due to the county auditor, who shall | 1007 |
enter the amounts on the real property tax list and duplicate | 1008 |
against the property identified under division (A)(1) of this | 1009 |
section. The amounts not paid when due shall be a lien on that | 1010 |
property from the date on which the amounts are placed on the tax | 1011 |
list and duplicate and shall be collected in the same manner as | 1012 |
other taxes. | 1013 |
(C) A board may apply to the authority for a loan for the | 1014 |
purpose of entering into agreements under division (A) of this | 1015 |
section. The loan shall be for an amount and on the terms | 1016 |
established in an agreement between the board and the authority. | 1017 |
The board may assign any agreements entered into under division | 1018 |
(A) of this section to the authority in order to provide for the | 1019 |
repayment of the loan and may pledge any lawfully available | 1020 |
revenues to the repayment of the loan, provided that no moneys | 1021 |
raised by taxation shall be obligated or pledged by the board for | 1022 |
the repayment of the loan. Any agreement with the authority | 1023 |
pursuant to this division is not subject to Chapter 133. of the | 1024 |
Revised Code or any requirements or limitations established in | 1025 |
that chapter. | 1026 |
(D) The authority, as assignee of any agreement pursuant to | 1027 |
division (C) of this section, may enforce and compel the board and | 1028 |
the county auditor by mandamus pursuant to Chapter 2731. of the | 1029 |
Revised Code to comply with division (B) of this section in a | 1030 |
timely manner. | 1031 |
(E) The construction of an erosion control structure by a | 1032 |
contractor hired by an individual homeowner, group of individual | 1033 |
homeowners, or homeowners association that enters into an | 1034 |
agreement with a board under division (A) of this section | 1035 |
1036 | |
1037 | |
laws. | 1038 |
Sec. 1710.02. (A) A special improvement district may be | 1039 |
created within the boundaries of any one municipal corporation, | 1040 |
any one township, or any combination of contiguous municipal | 1041 |
corporations and townships for the purpose of developing and | 1042 |
implementing plans for public improvements and public services | 1043 |
that benefit the district. A district may be created by petition | 1044 |
of the owners of real property within the proposed district, or by | 1045 |
an existing qualified nonprofit corporation. If the district is | 1046 |
created by an existing qualified nonprofit corporation, the | 1047 |
purposes for which the district is created may be supplemental to | 1048 |
the other purposes for which the corporation is organized. All | 1049 |
territory in a special improvement district shall be contiguous; | 1050 |
except that the territory in a special improvement district may be | 1051 |
noncontiguous if at least one special energy improvement project | 1052 |
is designated for each parcel of real property included within the | 1053 |
special improvement district. Additional territory may be added to | 1054 |
a special improvement district created under this chapter for the | 1055 |
purpose of developing and implementing plans for special energy | 1056 |
improvement projects if at least one special energy improvement | 1057 |
project is designated for each parcel of real property included | 1058 |
within such additional territory and the addition of territory is | 1059 |
authorized by the initial plan proposed under division (F) of this | 1060 |
section or a plan adopted by the board of directors of the special | 1061 |
improvement district under section 1710.06 of the Revised Code. | 1062 |
The district shall be governed by the board of trustees of a | 1063 |
nonprofit corporation. This board shall be known as the board of | 1064 |
directors of the special improvement district. No special | 1065 |
improvement district shall include any church property, or | 1066 |
property of the federal or state government or a county, township, | 1067 |
or municipal corporation, unless the church or the county, | 1068 |
township, or municipal corporation specifically requests in | 1069 |
writing that the property be included within the district, or | 1070 |
unless the church is a member of the existing qualified nonprofit | 1071 |
corporation creating the district at the time the district is | 1072 |
created. More than one district may be created within a | 1073 |
participating political subdivision, but no real property may be | 1074 |
included within more than one district unless the owner of the | 1075 |
property files a written consent with the clerk of the legislative | 1076 |
authority, the township fiscal officer, or the village clerk, as | 1077 |
appropriate. The area of each district shall be contiguous; except | 1078 |
that the area of a special improvement district may be | 1079 |
noncontiguous if all parcels of real property included within such | 1080 |
area contain at least one special energy improvement thereon. | 1081 |
(B) Except as provided in division (C) of this section, a | 1082 |
district created under this chapter is not a political | 1083 |
subdivision. A district created under this chapter shall be | 1084 |
considered a public agency under section 102.01 | 1085 |
1086 | |
of the board of directors of a district, each member's designee or | 1087 |
proxy, and each officer and employee of a district shall be | 1088 |
considered a public official or employee under section 102.01 of | 1089 |
the Revised Code and a public official and public servant under | 1090 |
section 2921.42 of the Revised Code. Districts created under this | 1091 |
chapter are not subject to sections 121.81 to 121.83 of the | 1092 |
Revised Code. Districts created under this chapter are subject to | 1093 |
sections 121.22 and 121.23 of the Revised Code. | 1094 |
(C) Each district created under this chapter shall be | 1095 |
considered a political subdivision for purposes of section 4905.34 | 1096 |
of the Revised Code. | 1097 |
Membership on the board of directors of the district shall | 1098 |
not be considered as holding a public office. Directors and their | 1099 |
designees shall be entitled to the immunities provided by Chapter | 1100 |
1702. and to the same immunity as an employee under division | 1101 |
(A)(6) of section 2744.03 of the Revised Code, except that | 1102 |
directors and their designees shall not be entitled to the | 1103 |
indemnification provided in section 2744.07 of the Revised Code | 1104 |
unless the director or designee is an employee or official of a | 1105 |
participating political subdivision of the district and is acting | 1106 |
within the scope of the director's or designee's employment or | 1107 |
official responsibilities. | 1108 |
District officers and district members and directors and | 1109 |
their designees or proxies shall not be required to file a | 1110 |
statement with the Ohio ethics commission under section 102.02 of | 1111 |
the Revised Code. All records of the district shall be treated as | 1112 |
public records under section 149.43 of the Revised Code, except | 1113 |
that records of organizations contracting with a district shall | 1114 |
not be considered to be public records under section 149.43 or | 1115 |
section 149.431 of the Revised Code solely by reason of any | 1116 |
contract with a district. | 1117 |
(D) Except as otherwise provided in this section, the | 1118 |
nonprofit corporation that governs a district shall be organized | 1119 |
in the manner described in Chapter 1702. of the Revised Code. | 1120 |
Except in the case of a district created by an existing qualified | 1121 |
nonprofit corporation, the corporation's articles of incorporation | 1122 |
are required to be approved, as provided in division (E) of this | 1123 |
section, by resolution of the legislative authority of each | 1124 |
participating political subdivision of the district. A copy of | 1125 |
that resolution shall be filed along with the articles of | 1126 |
incorporation in the secretary of state's office. | 1127 |
In addition to meeting the requirements for articles of | 1128 |
incorporation set forth in Chapter 1702. of the Revised Code, the | 1129 |
articles of incorporation for the nonprofit corporation governing | 1130 |
a district formed under this chapter shall provide all the | 1131 |
following: | 1132 |
(1) The name for the district, which shall include the name | 1133 |
of each participating political subdivision of the district; | 1134 |
(2) A description of the territory within the district, which | 1135 |
may be all or part of each participating political subdivision. | 1136 |
The description shall be specific enough to enable real property | 1137 |
owners to determine if their property is located within the | 1138 |
district. | 1139 |
(3) A description of the procedure by which the articles of | 1140 |
incorporation may be amended. The procedure shall include | 1141 |
receiving approval of the amendment, by resolution, from the | 1142 |
legislative authority of each participating political subdivision | 1143 |
and filing the approved amendment and resolution with the | 1144 |
secretary of state. | 1145 |
(4) The reasons for creating the district, plus an | 1146 |
explanation of how the district will be conducive to the public | 1147 |
health, safety, peace, convenience, and welfare of the district. | 1148 |
(E) The articles of incorporation for a nonprofit corporation | 1149 |
governing a district created under this chapter and amendments to | 1150 |
them shall be submitted to the municipal executive, if any, and | 1151 |
the legislative authority of each municipal corporation or | 1152 |
township in which the proposed district is to be located. Except | 1153 |
in the case of a district created by an existing qualified | 1154 |
nonprofit corporation, the articles or amendments shall be | 1155 |
accompanied by a petition signed either by the owners of at least | 1156 |
sixty per cent of the front footage of all real property located | 1157 |
in the proposed district that abuts upon any street, alley, public | 1158 |
road, place, boulevard, parkway, park entrance, easement, or other | 1159 |
existing public improvement within the proposed district, | 1160 |
excluding church property or property owned by the state, county, | 1161 |
township, municipal, or federal government, unless a church, | 1162 |
county, township, or municipal corporation has specifically | 1163 |
requested in writing that the property be included in the | 1164 |
district, or by the owners of at least seventy-five per cent of | 1165 |
the area of all real property located within the proposed | 1166 |
district, excluding church property or property owned by the | 1167 |
state, county, township, municipal, or federal government, unless | 1168 |
a church, county, township, or municipal corporation has | 1169 |
specifically requested in writing that the property be included in | 1170 |
the district. Pursuant to Section 2o of Article VIII, Ohio | 1171 |
Constitution, the petition required under this division may be for | 1172 |
the purpose of developing and implementing plans for special | 1173 |
energy improvement projects, and, in such case, is determined to | 1174 |
be in furtherance of the purposes set forth in Section 2o of | 1175 |
Article VIII, Ohio Constitution. If a special improvement district | 1176 |
is being created under this chapter for the purpose of developing | 1177 |
and implementing plans for special energy improvement projects, | 1178 |
the petition required under this division shall be signed by one | 1179 |
hundred per cent of the owners of the area of all real property | 1180 |
located within the proposed special improvement district, at least | 1181 |
one special energy improvement project shall be designated for | 1182 |
each parcel of real property within the special improvement | 1183 |
district, and the special improvement district may include any | 1184 |
number of parcels of real property as determined by the | 1185 |
legislative authority of each participating political subdivision | 1186 |
in which the proposed special improvement district is to be | 1187 |
located. For purposes of determining compliance with these | 1188 |
requirements, the area of the district, or the front footage and | 1189 |
ownership of property, shall be as shown in the most current | 1190 |
records available at the county recorder's office and the county | 1191 |
engineer's office sixty days prior to the date on which the | 1192 |
petition is filed. | 1193 |
Each municipal corporation or township with which the | 1194 |
petition is filed has sixty days to approve or disapprove, by | 1195 |
resolution, the petition, including the articles of incorporation. | 1196 |
In the case of a district created by an existing qualified | 1197 |
nonprofit corporation, each municipal corporation or township has | 1198 |
sixty days to approve or disapprove the creation of the district | 1199 |
after the corporation submits the articles of incorporation or | 1200 |
amendments thereto. This chapter does not prohibit or restrict the | 1201 |
rights of municipal corporations under Article XVIII of the Ohio | 1202 |
Constitution or the right of the municipal legislative authority | 1203 |
to impose reasonable conditions in a resolution of approval. The | 1204 |
acquisition, installation, equipping, and improvement of a special | 1205 |
energy improvement project under this chapter shall not supersede | 1206 |
any local zoning, environmental, or similar law or regulation. | 1207 |
(F) Persons proposing creation and operation of the district | 1208 |
may propose an initial plan for public services or public | 1209 |
improvements that benefit all or any part of the district. Any | 1210 |
initial plan shall be submitted as part of the petition proposing | 1211 |
creation of the district or, in the case of a district created by | 1212 |
an existing qualified nonprofit corporation, shall be submitted | 1213 |
with the articles of incorporation or amendments thereto. | 1214 |
An initial plan may include provisions for the following: | 1215 |
(1) Creation and operation of the district and of the | 1216 |
nonprofit corporation to govern the district under this chapter; | 1217 |
(2) Hiring employees and professional services; | 1218 |
(3) Contracting for insurance; | 1219 |
(4) Purchasing or leasing office space and office equipment; | 1220 |
(5) Other actions necessary initially to form, operate, or | 1221 |
organize the district and the nonprofit corporation to govern the | 1222 |
district; | 1223 |
(6) A plan for public improvements or public services that | 1224 |
benefit all or part of the district, which plan shall comply with | 1225 |
the requirements of division (A) of section 1710.06 of the Revised | 1226 |
Code and may include, but is not limited to, any of the permissive | 1227 |
provisions described in the fourth sentence of that division or | 1228 |
listed in divisions (A)(1) to (7) of that section; | 1229 |
(7) If the special improvement district is being created | 1230 |
under this chapter for the purpose of developing and implementing | 1231 |
plans for special energy improvement projects, provision for the | 1232 |
addition of territory to the special improvement district. | 1233 |
After the initial plan is approved by all municipal | 1234 |
corporations and townships to which it is submitted for approval | 1235 |
and the district is created, each participating subdivision shall | 1236 |
levy a special assessment within its boundaries to pay for the | 1237 |
costs of the initial plan. The levy shall be for no more than ten | 1238 |
years from the date of the approval of the initial plan; except | 1239 |
that if the proceeds of the levy are to be used to pay the costs | 1240 |
of a special energy improvement project, the levy of a special | 1241 |
assessment shall be for no more than thirty years from the date of | 1242 |
approval of the initial plan. In the event that additional | 1243 |
territory is added to a special improvement district, the special | 1244 |
assessment to be levied with respect to such additional territory | 1245 |
shall commence not earlier than the date such territory is added | 1246 |
and shall be for no more than thirty years from such date. For | 1247 |
purposes of levying an assessment for this initial plan, the | 1248 |
services or improvements included in the initial plan shall be | 1249 |
deemed a special benefit to property owners within the district. | 1250 |
(G) Each nonprofit corporation governing a district under | 1251 |
this chapter may do the following: | 1252 |
(1) Exercise all powers of nonprofit corporations granted | 1253 |
under Chapter 1702. of the Revised Code that do not conflict with | 1254 |
this chapter; | 1255 |
(2) Develop, adopt, revise, implement, and repeal plans for | 1256 |
public improvements and public services for all or any part of the | 1257 |
district; | 1258 |
(3) Contract with any person, political subdivision as | 1259 |
defined in section 2744.01 of the Revised Code, or state agency as | 1260 |
defined in section 1.60 of the Revised Code to develop and | 1261 |
implement plans for public improvements or public services within | 1262 |
the district; | 1263 |
(4) Contract and pay for insurance for the district and for | 1264 |
directors, officers, agents, contractors, employees, or members of | 1265 |
the district for any consequences of the implementation of any | 1266 |
plan adopted by the district or any actions of the district. | 1267 |
The board of directors of a special improvement district may, | 1268 |
acting as agent and on behalf of a participating political | 1269 |
subdivision, sell, transfer, lease, or convey any special energy | 1270 |
improvement project owned by the participating political | 1271 |
subdivision upon a determination by the legislative authority | 1272 |
thereof that the project is not required to be owned exclusively | 1273 |
by the participating political subdivision for its purposes, for | 1274 |
uses determined by the legislative authority thereof as those that | 1275 |
will promote the welfare of the people of such participating | 1276 |
political subdivision; to improve the quality of life and the | 1277 |
general and economic well-being of the people of the participating | 1278 |
political subdivision; better ensure the public health, safety, | 1279 |
and welfare; protect water and other natural resources; provide | 1280 |
for the conservation and preservation of natural and open areas | 1281 |
and farmlands, including by making urban areas more desirable or | 1282 |
suitable for development and revitalization; control, prevent, | 1283 |
minimize, clean up, or mediate certain contamination of or | 1284 |
pollution from lands in the state and water contamination or | 1285 |
pollution; or provide for safe and natural areas and resources. | 1286 |
The legislative authority of each participating political | 1287 |
subdivision shall specify the consideration for such sale, | 1288 |
transfer, lease, or conveyance and any other terms thereof. Any | 1289 |
determinations made by a legislative authority of a participating | 1290 |
political subdivision under this division shall be conclusive. | 1291 |
Any sale, transfer, lease, or conveyance of a special energy | 1292 |
improvement project by a participating political subdivision or | 1293 |
the board of directors of the special improvement district may be | 1294 |
made without advertising, receipt of bids, or other competitive | 1295 |
bidding procedures applicable to the participating political | 1296 |
subdivision or the special improvement district under Chapter 153. | 1297 |
or 735. or section 1710.11 of the Revised Code or other | 1298 |
representative provisions of the Revised Code. | 1299 |
Sec. 4115.03. As used in sections 4115.03 to 4115.16 of the | 1300 |
Revised Code: | 1301 |
(A)(1) "Public authority" means any officer, board, or | 1302 |
commission of the state | 1303 |
1304 | |
a public improvement or to construct the same by the direct | 1305 |
employment of labor, or any institution supported in whole or in | 1306 |
part by | 1307 |
of such institutions made in whole or in part from | 1308 |
funds. | 1309 |
(2) "Public authority" does not mean either of the following: | 1310 |
(a) A political subdivision or special district, unless the | 1311 |
political subdivision or special district elects to be subject to | 1312 |
the requirements of sections 4115.03 to 4115.16 of the Revised | 1313 |
Code pursuant to section 4115.04 of the Revised Code. | 1314 |
(b) A state institution of higher education, unless the state | 1315 |
institution of higher education elects to be subject to the | 1316 |
requirements of sections 4115.03 to 4115.16 of the Revised Code | 1317 |
pursuant to section 4115.04 of the Revised Code. | 1318 |
(B) "Construction" means any of the following: | 1319 |
(1) Except as provided in division (B)(2) or (3) of this | 1320 |
section, any new construction of a public improvement, | 1321 |
1322 | |
1323 | |
1324 | |
1325 |
| 1326 |
1327 | |
1328 |
| 1329 |
1330 | |
1331 |
| 1332 |
1333 | |
1334 |
| 1335 |
or any reconstruction, enlargement, alteration, repair, | 1336 |
remodeling, renovation, or painting of a public improvement, the | 1337 |
total overall project cost of which is fairly estimated to be more | 1338 |
than | 1339 |
adjusted biennially by the director of commerce pursuant to | 1340 |
section 4115.034 of the Revised Code and performed by other than | 1341 |
full-time employees who have completed their probationary period | 1342 |
in the classified civil service of a public authority | 1343 |
| 1344 |
1345 |
| 1346 |
1347 | |
1348 |
| 1349 |
1350 |
| 1351 |
involves roads, streets, alleys, sewers, ditches, and other works | 1352 |
connected to road or bridge construction, the total overall | 1353 |
project cost of which is fairly estimated to be more than | 1354 |
seventy-eight thousand two hundred fifty-eight dollars adjusted | 1355 |
biennially by the director of commerce pursuant to section | 1356 |
4115.034 of the Revised Code and performed by other than full-time | 1357 |
employees who have completed their probationary periods in the | 1358 |
classified service of a public authority; | 1359 |
| 1360 |
remodeling, renovation, or painting of a public improvement that | 1361 |
involves roads, streets, alleys, sewers, ditches, and other works | 1362 |
connected to road or bridge construction, the total overall | 1363 |
project cost of which is fairly estimated to be more than | 1364 |
twenty-three thousand four hundred forty-seven dollars adjusted | 1365 |
biennially by the director of commerce pursuant to section | 1366 |
4115.034 of the Revised | 1367 |
full-time employees who have completed their probationary periods | 1368 |
in the classified service of a public authority. | 1369 |
(C) "Public improvement" includes all buildings, roads, | 1370 |
streets, alleys, sewers, ditches, sewage disposal plants, water | 1371 |
works, and all other structures or works constructed by a public | 1372 |
authority of the state | 1373 |
any person who, pursuant to a contract with a public authority, | 1374 |
constructs any structure for a public authority of the state | 1375 |
1376 | |
leases a newly constructed structure within six months after | 1377 |
completion of such construction, all work performed on such | 1378 |
structure to suit it for occupancy by a public authority is a | 1379 |
"public improvement." | 1380 |
1381 | |
1382 | |
1383 | |
1384 | |
1385 | |
1386 | |
1387 | |
1388 | |
1389 | |
1390 |
(D) "Locality" means the county wherein the physical work | 1391 |
upon any public improvement is being performed. | 1392 |
(E) "Prevailing wages" means the sum of the following: | 1393 |
(1) The basic hourly rate of pay; | 1394 |
(2) The rate of contribution irrevocably made by a contractor | 1395 |
or subcontractor to a trustee or to a third person pursuant to a | 1396 |
fund, plan, or program; | 1397 |
(3) The rate of costs to the contractor or subcontractor | 1398 |
which may be reasonably anticipated in providing the following | 1399 |
fringe benefits to laborers and mechanics pursuant to an | 1400 |
enforceable commitment to carry out a financially responsible plan | 1401 |
or program which was communicated in writing to the laborers and | 1402 |
mechanics affected: | 1403 |
(a) Medical or hospital care or insurance to provide such; | 1404 |
(b) Pensions on retirement or death or insurance to provide | 1405 |
such; | 1406 |
(c) Compensation for injuries or illnesses resulting from | 1407 |
occupational activities if it is in addition to that coverage | 1408 |
required by Chapters 4121. and 4123. of the Revised Code; | 1409 |
(d) Supplemental unemployment benefits that are in addition | 1410 |
to those required by Chapter 4141. of the Revised Code; | 1411 |
(e) Life insurance; | 1412 |
(f) Disability and sickness insurance; | 1413 |
(g) Accident insurance; | 1414 |
(h) Vacation and holiday pay; | 1415 |
(i) Defraying of costs for apprenticeship or other similar | 1416 |
training programs which are beneficial only to the laborers and | 1417 |
mechanics affected; | 1418 |
(j) Other bona fide fringe benefits. | 1419 |
None of the benefits enumerated in division (E)(3) of this | 1420 |
section may be considered in the determination of prevailing wages | 1421 |
if federal, state, or local law requires contractors or | 1422 |
subcontractors to provide any of such benefits. | 1423 |
(F) "Interested party," with respect to a particular contract | 1424 |
for construction of a public improvement, means: | 1425 |
(1) Any person who submits a bid for the purpose of securing | 1426 |
the award of the contract; | 1427 |
(2) Any person acting as a subcontractor of a person | 1428 |
described in division (F)(1) of this section; | 1429 |
(3) Any bona fide organization of labor which has as members | 1430 |
or is authorized to represent employees of a person described in | 1431 |
division (F)(1) or (2) of this section and which exists, in whole | 1432 |
or in part, for the purpose of negotiating with employers | 1433 |
concerning the wages, hours, or terms and conditions of employment | 1434 |
of employees; | 1435 |
(4) Any association having as members any of the persons | 1436 |
described in division (F)(1) or (2) of this section. | 1437 |
(G) Except as used in division (A) of this section, "officer" | 1438 |
means an individual who has an ownership interest or holds an | 1439 |
office of trust, command, or authority in a corporation, business | 1440 |
trust, partnership, or association. | 1441 |
(H) "Political subdivision" has the same meaning as in | 1442 |
section 9.23 of the Revised Code. | 1443 |
(I) "State institution of higher education" has the same | 1444 |
meaning as in section 3345.011 of the Revised Code. | 1445 |
Sec. 4115.034. On January 1, 1996, and the first day of | 1446 |
January of every even-numbered year thereafter, the director of | 1447 |
commerce shall adjust the threshold levels for which public | 1448 |
improvement projects are subject to sections 4115.03 to 4115.16 of | 1449 |
the Revised Code as set forth in | 1450 |
of section 4115.03 of the Revised Code. The director shall adjust | 1451 |
those amounts according to the average increase or decrease for | 1452 |
each of the two years immediately preceding the adjustment as set | 1453 |
forth in the United States department of commerce, bureau of the | 1454 |
census implicit price deflator for construction, provided that no | 1455 |
increase or decrease for any year shall exceed three per cent of | 1456 |
the threshold level in existence at the time of the adjustment. | 1457 |
Sec. 4115.04. (A)(1) Every public authority authorized to | 1458 |
contract for or construct with its own forces a public | 1459 |
improvement, before advertising for bids or undertaking such | 1460 |
construction with its own forces, shall have the director of | 1461 |
commerce determine the prevailing rates of wages of mechanics and | 1462 |
laborers in accordance with section 4115.05 of the Revised Code | 1463 |
for the class of work called for by the public improvement, in the | 1464 |
locality where the work is to be performed. Except as provided in | 1465 |
division (A)(2) of this section, that schedule of wages shall be | 1466 |
attached to and made part of the specifications for the work, and | 1467 |
shall be printed on the bidding blanks where the work is done by | 1468 |
contract. A copy of the bidding blank shall be filed with the | 1469 |
director before the contract is awarded. A minimum rate of wages | 1470 |
for common laborers, on work coming under the jurisdiction of the | 1471 |
department of transportation, shall be fixed in each county of the | 1472 |
state by the department of transportation, in accordance with | 1473 |
section 4115.05 of the Revised Code. | 1474 |
(2) In the case of contracts that are administered by the | 1475 |
department of natural resources, the director of natural resources | 1476 |
or the director's designee shall include language in the contracts | 1477 |
requiring wage rate determinations and updates to be obtained | 1478 |
directly from the department of commerce through electronic or | 1479 |
other means as appropriate. Contracts that include this | 1480 |
requirement are exempt from the requirements established in | 1481 |
division (A)(1) of this section that involve attaching the | 1482 |
schedule of wages to the specifications for the work, making the | 1483 |
schedule part of those specifications, and printing the schedule | 1484 |
on the bidding blanks where the work is done by contract. | 1485 |
(B) | 1486 |
section, sections 4115.03 to 4115.16 of the Revised Code do not | 1487 |
apply to: | 1488 |
(1) Public improvements in any case where the federal | 1489 |
government or any of its agencies furnishes by loan or grant all | 1490 |
or any part of the funds used in constructing such improvements, | 1491 |
provided that the federal government or any of its agencies | 1492 |
prescribes predetermined minimum wages to be paid to mechanics and | 1493 |
laborers employed in the construction of such improvements; | 1494 |
(2) A participant in a work activity, developmental activity, | 1495 |
or an alternative work activity under sections 5107.40 to 5107.69 | 1496 |
of the Revised Code when a public authority directly uses the | 1497 |
labor of the participant to construct a public improvement if the | 1498 |
participant is not engaged in paid employment or subsidized | 1499 |
employment pursuant to the activity; | 1500 |
(3) Public improvements undertaken by, or under contract for, | 1501 |
1502 | |
1503 |
| 1504 |
1505 | |
1506 | |
1507 | |
1508 | |
1509 | |
1510 | |
1511 | |
1512 | |
1513 | |
1514 | |
1515 | |
1516 | |
1517 | |
1518 | |
state institution of higher education; | 1519 |
| 1520 |
(D)(1)(e) of section 176.05 of the Revised Code; | 1521 |
| 1522 |
1523 | |
1524 |
| 1525 |
completed solely with labor donated by the individuals performing | 1526 |
the labor, by a labor organization and its members, or by a | 1527 |
contractor or subcontractor that donates all labor and materials | 1528 |
for that portion of the public improvement project. | 1529 |
(C) Except as otherwise provided in division (D) of this | 1530 |
section, a political subdivision, a special district, including a | 1531 |
special improvement district created in section 1710.02 of the | 1532 |
Revised Code, or a state institution of higher education may elect | 1533 |
to apply sections 4115.03 to 4115.16 of the Revised Code to a | 1534 |
public improvement undertaken by, or under contract for, the | 1535 |
political subdivision, the special district, or the state | 1536 |
institution of higher education, including any of the following: | 1537 |
(1) A contract financed in whole or in part under Chapter | 1538 |
164. of the Revised Code; | 1539 |
(2) The construction, improvement, furnishing, and equipping | 1540 |
of a correctional facility to be leased pursuant to section | 1541 |
307.022 of the Revised Code; | 1542 |
(3) Any contract for the acquisition, construction, or | 1543 |
equipping of a port authority educational and cultural facility | 1544 |
entered into, assigned, or assumed pursuant to section 307.671 of | 1545 |
the Revised Code; | 1546 |
(4) Any contract for the acquisition, construction, or | 1547 |
equipping of a sports facility entered into, assigned, or assumed | 1548 |
pursuant to section 307.673 of the Revised Code; | 1549 |
(5) Construction services for a port authority educational | 1550 |
and cultural performing arts facility under section 307.674 of the | 1551 |
Revised Code; | 1552 |
(6) Construction of a sports facility under section 307.696 | 1553 |
of the Revised Code; | 1554 |
(7) A facility constructed under Chapter 351. of the Revised | 1555 |
Code; | 1556 |
(8) A public improvement undertaken by, or under contract | 1557 |
for, a lake facilities authority under Chapter 353. of the Revised | 1558 |
Code; | 1559 |
(9) Projects described under section 6117.012 of the Revised | 1560 |
Code performed by a county; | 1561 |
(10) Projects undertaken with funding provided under Chapter | 1562 |
6121. of the Revised Code. | 1563 |
(D)(1) Under no circumstances shall a public authority apply | 1564 |
the prevailing wage requirements of this chapter to a public | 1565 |
improvement that | 1566 |
is undertaken by, or under contract for, a board of education of | 1567 |
any school district or the governing board of any educational | 1568 |
service center. | 1569 |
(2) A political subdivision or special district may not elect | 1570 |
to apply sections 4115.03 to 4115.16 of the Revised Code to any of | 1571 |
the following: | 1572 |
(a) An improvement authorized by section 1515.08 of the | 1573 |
Revised Code that is constructed pursuant to a contract with a | 1574 |
soil and water conservation district, as defined in section | 1575 |
1515.01 of the Revised Code, or performed as a result of a | 1576 |
petition filed pursuant to Chapter 6131., 6133., or 6135. of the | 1577 |
Revised Code, wherein no less than seventy-five per cent of the | 1578 |
project is located on private land and not less than seventy-five | 1579 |
per cent of the cost of the improvement is paid for by private | 1580 |
property owners pursuant to Chapter 1515., 6131., 6133., or 6135. | 1581 |
of the Revised Code; | 1582 |
(b) The construction of an erosion control structure under | 1583 |
section 1506.44 of the Revised Code; | 1584 |
(c) An improvement undertaken by, or under contract for, a | 1585 |
transportation improvement district created in Chapter 5540. of | 1586 |
the Revised Code. | 1587 |
Sec. 4115.06. In all cases where any public authority fixes | 1588 |
a prevailing rate of wages under section 4115.04 of the Revised | 1589 |
Code, and the work is done by contract, the contract executed | 1590 |
between the public authority and the successful bidder shall | 1591 |
contain a provision requiring the successful bidder and all
| 1592 |
subcontractors to pay a rate of wages which shall not be less than | 1593 |
the rate of wages so fixed. The successful bidder and all
| 1594 |
subcontractors shall comply strictly with the wage provisions of | 1595 |
the contract. | 1596 |
Where a public authority constructs a public improvement with | 1597 |
its own forces, such public authority shall pay a rate of wages | 1598 |
which shall not be less than the rate of wages fixed as provided | 1599 |
in section 4115.04 of the Revised Code, except in those instances | 1600 |
provided for in | 1601 |
1602 |
Sec. 4115.09. No member of a | 1603 |
or other public authority authorized to contract for or construct | 1604 |
with its own forces a public improvement, shall vote for the award | 1605 |
of any contract for the construction of such improvement, or vote | 1606 |
for the disbursement of any funds on account of the construction | 1607 |
of such public improvement, unless such public authority has first | 1608 |
had the director of commerce determine the prevailing rates of | 1609 |
wages of mechanics and laborers for the class of work called for | 1610 |
by such public improvement in the locality where the work is to be | 1611 |
performed, as provided in section 4115.04 of the Revised Code. | 1612 |
Sec. 4115.10. (A) No person, firm, corporation, or public | 1613 |
authority that constructs a public improvement with its own | 1614 |
forces, the total overall project cost of which is fairly | 1615 |
estimated to be more than the amounts set forth in division (B) of | 1616 |
section 4115.03 of the Revised Code, adjusted biennially by the | 1617 |
director of commerce pursuant to section 4115.034 of the Revised | 1618 |
Code | 1619 |
sections 4115.03 to 4115.16 of the Revised Code, or suffer, | 1620 |
permit, or require any employee to work for less than the rate of | 1621 |
wages so fixed, or violate the provisions of section 4115.07 of | 1622 |
the Revised Code. Any employee upon any public improvement, except | 1623 |
an employee to whom or on behalf of whom restitution is made | 1624 |
pursuant to division (C) of section 4115.13 of the Revised Code, | 1625 |
who is paid less than the fixed rate of wages applicable thereto | 1626 |
may recover from such person, firm, corporation, or public | 1627 |
authority that constructs a public improvement with its own forces | 1628 |
the difference between the fixed rate of wages and the amount paid | 1629 |
to the employee and in addition thereto a sum equal to twenty-five | 1630 |
per cent of that difference. The person, firm, corporation, or | 1631 |
public authority who fails to pay the rate of wages so fixed also | 1632 |
shall pay a penalty to the director of seventy-five per cent of | 1633 |
the difference between the fixed rate of wages and the amount paid | 1634 |
to the employees on the public improvement. The director shall | 1635 |
deposit all moneys received from penalties paid to the director | 1636 |
pursuant to this section into the industrial compliance operating | 1637 |
fund. The director shall use the fund for the enforcement of | 1638 |
sections 4115.03 to 4115.16 of the Revised Code. The employee may | 1639 |
file suit for recovery within ninety days of the director's | 1640 |
determination of a violation of sections 4115.03 to 4115.16 of the | 1641 |
Revised Code or is barred from further action under this division. | 1642 |
Where the employee prevails in a suit, the employer shall pay the | 1643 |
costs and reasonable attorney's fees allowed by the court. | 1644 |
(B) Any employee upon any public improvement who is paid less | 1645 |
than the prevailing rate of wages applicable thereto may file a | 1646 |
complaint in writing with the director upon a form furnished by | 1647 |
the director. The complaint shall include documented evidence to | 1648 |
demonstrate that the employee was paid less than the prevailing | 1649 |
wage in violation of this chapter. Upon receipt of a properly | 1650 |
completed written complaint of any employee paid less than the | 1651 |
prevailing rate of wages applicable, the director shall take an | 1652 |
assignment of a claim in trust for the assigning employee and | 1653 |
bring any legal action necessary to collect the claim. The | 1654 |
employer shall pay the costs and reasonable attorney's fees | 1655 |
allowed by the court if the employer is found in violation of | 1656 |
sections 4115.03 to 4115.16 of the Revised Code. | 1657 |
(C) If after investigation pursuant to section 4115.13 of the | 1658 |
Revised Code, the director determines there is a violation of | 1659 |
sections 4115.03 to 4115.16 of the Revised Code and a period of | 1660 |
sixty days has elapsed from the date of the determination, and if: | 1661 |
(1) No employee has brought suit pursuant to division (A) of | 1662 |
this section; | 1663 |
(2) No employee has requested that the director take an | 1664 |
assignment of a wage claim pursuant to division (B) of this | 1665 |
section. | 1666 |
The director shall bring any legal action necessary to | 1667 |
collect any amounts owed to employees and the director. The | 1668 |
director shall pay over to the affected employees the amounts | 1669 |
collected to which the affected employees are entitled under | 1670 |
division (A) of this section. In any action in which the director | 1671 |
prevails, the employer shall pay the costs and reasonable | 1672 |
attorney's fees allowed by the court. | 1673 |
(D) Where persons are employed and their rate of wages has | 1674 |
been determined as provided in section 4115.04 of the Revised | 1675 |
Code, no person, either for self or any other person, shall | 1676 |
request, demand, or receive, either before or after the person is | 1677 |
engaged, that the person so engaged pay back, return, donate, | 1678 |
contribute, or give any part or all of the person's wages, salary, | 1679 |
or thing of value, to any person, upon the statement, | 1680 |
representation, or understanding that failure to comply with such | 1681 |
request or demand will prevent the procuring or retaining of | 1682 |
employment, and no person shall, directly or indirectly, aid, | 1683 |
request, or authorize any other person to violate this section. | 1684 |
This division does not apply to any agent or representative of a | 1685 |
duly constituted labor organization acting in the collection of | 1686 |
dues or assessments of such organization. | 1687 |
(E) The director shall enforce sections 4115.03 to 4115.16 of | 1688 |
the Revised Code. | 1689 |
(F) For the purpose of supplementing existing resources and | 1690 |
to assist in enforcing division (E) of this section, the director | 1691 |
may contract with a person registered as a public accountant under | 1692 |
Chapter 4701. of the Revised Code to conduct an audit of a person, | 1693 |
firm, corporation, or public authority. | 1694 |
(G) No contractor or subcontractor shall be responsible for | 1695 |
the payment of the penalties provided in division (A) of this | 1696 |
section resulting from a violation of sections 4115.03 to 4115.16 | 1697 |
of the Revised Code by its subcontractor, provided that the | 1698 |
contractor or subcontractor has made a good faith effort to ensure | 1699 |
that its subcontractor complied with the requirements of sections | 1700 |
4115.03 to 4115.16 of the Revised Code. | 1701 |
Sec. 4115.133. (A) The director of commerce shall file with | 1702 |
the secretary of state a list of contractors, subcontractors, and | 1703 |
officers of contractors and subcontractors who have been | 1704 |
prosecuted and convicted for violations of or have been found to | 1705 |
have intentionally violated sections 4115.03 to 4115.16 of the | 1706 |
Revised Code. The director shall not include on the list a | 1707 |
contractor, subcontractor, or officer of a contractor or | 1708 |
subcontractor until the expiration of any applicable appeal period | 1709 |
relative to the finding, or if appealed, until the date of the | 1710 |
final judgment of a court. | 1711 |
(B) Each contractor, subcontractor, or officer of a | 1712 |
contractor or subcontractor who has been prosecuted and convicted | 1713 |
for violations of or is found to have intentionally violated | 1714 |
sections 4115.03 to 4115.16 of the Revised Code is prohibited from | 1715 |
contracting directly or indirectly with any public authority for | 1716 |
the construction of a public improvement or from performing any | 1717 |
work on the same as a contractor, subcontractor, or officer of a | 1718 |
contractor or subcontractor for a period of one year from the date | 1719 |
of the expiration of the applicable period for filing an appeal, | 1720 |
or if appealed, from the date of the final judgment of a court. If | 1721 |
the contractor, subcontractor, or officer of a contractor or | 1722 |
subcontractor is found to have intentionally violated sections | 1723 |
4115.03 to 4115.16 of the Revised Code another time within five | 1724 |
years after the date specified under division (B) of this section, | 1725 |
the contractor, subcontractor, or officer of a contractor or | 1726 |
subcontractor is prohibited from so contracting or performing work | 1727 |
for a period of three years from the date of the expiration of the | 1728 |
applicable period for filing an appeal, or if appealed, from the | 1729 |
date of the final judgment of a court. | 1730 |
(C) No public authority shall award a contract for a public | 1731 |
improvement to any contractor, subcontractor, or officer of a | 1732 |
contractor or subcontractor during the time that the contractor's, | 1733 |
subcontractor's, or officer's name appears on such list. The | 1734 |
filing of the notice of conviction or of the finding with the | 1735 |
secretary of state constitutes notice to all public authorities. | 1736 |
(D) Notwithstanding section 4115.03 of the Revised Code, as | 1737 |
used in this section, "public authority" means any officer, board, | 1738 |
or commission of the state, or any political subdivision of the | 1739 |
state, authorized to enter into a contract for the construction of | 1740 |
a public improvement or to construct the same by the direct | 1741 |
employment of labor, or any institution supported in whole or in | 1742 |
part by public funds and said sections apply to expenditures of | 1743 |
such institutions made in whole or in part from public funds. | 1744 |
Sec. 5540.03. (A) A transportation improvement district may: | 1745 |
(1) Adopt bylaws for the regulation of its affairs and the | 1746 |
conduct of its business; | 1747 |
(2) Adopt an official seal; | 1748 |
(3) Sue and be sued in its own name, plead and be impleaded, | 1749 |
provided any actions against the district shall be brought in the | 1750 |
court of common pleas of the county in which the principal office | 1751 |
of the district is located, or in the court of common pleas of the | 1752 |
county in which the cause of action arose, and all summonses, | 1753 |
exceptions, and notices of every kind shall be served on the | 1754 |
district by leaving a copy thereof at its principal office with | 1755 |
the secretary-treasurer; | 1756 |
(4) Purchase, construct, maintain, repair, sell, exchange, | 1757 |
police, operate, or lease projects; | 1758 |
(5) Issue either or both of the following for the purpose of | 1759 |
providing funds to pay the costs of any project or part thereof: | 1760 |
(a) Transportation improvement district revenue bonds; | 1761 |
(b) Bonds pursuant to Section 13 of Article VIII, Ohio | 1762 |
Constitution; | 1763 |
(6) Maintain such funds as it considers necessary; | 1764 |
(7) Direct its agents or employees, when properly identified | 1765 |
in writing and after at least five days' written notice, to enter | 1766 |
upon lands within its jurisdiction to make surveys and | 1767 |
examinations preliminary to the location and construction of | 1768 |
projects for the district, without liability of the district or | 1769 |
its agents or employees except for actual damage done; | 1770 |
(8) Make and enter into all contracts and agreements | 1771 |
necessary or incidental to the performance of its functions and | 1772 |
the execution of its powers under this chapter; | 1773 |
(9) Employ or retain or contract for the services of | 1774 |
consulting engineers, superintendents, managers, and such other | 1775 |
engineers, construction and accounting experts, financial | 1776 |
advisers, trustees, marketing, remarketing, and administrative | 1777 |
agents, attorneys, and other employees, independent contractors, | 1778 |
or agents as are necessary in its judgment and fix their | 1779 |
compensation, provided all such expenses shall be payable solely | 1780 |
from the proceeds of bonds or from revenues; | 1781 |
(10) Receive and accept from the federal or any state or | 1782 |
local government, including, but not limited to, any agency, | 1783 |
entity, or instrumentality of any of the foregoing, loans and | 1784 |
grants for or in aid of the construction, maintenance, or repair | 1785 |
of any project, and receive and accept aid or contributions from | 1786 |
any source or person of money, property, labor, or other things of | 1787 |
value, to be held, used, and applied only for the purposes for | 1788 |
which such loans, grants, and contributions are made. Nothing in | 1789 |
division (A)(10) of this section shall be construed as imposing | 1790 |
any liability on this state for any loan received by a | 1791 |
transportation improvement district from a third party unless this | 1792 |
state has entered into an agreement to accept such liability. | 1793 |
(11) Acquire, hold, and dispose of property in the exercise | 1794 |
of its powers and the performance of its duties under this | 1795 |
chapter; | 1796 |
(12) Establish and collect tolls or user charges for its | 1797 |
projects; | 1798 |
(13) Do all acts necessary and proper to carry out the powers | 1799 |
expressly granted in this chapter. | 1800 |
(B) Chapters 123., 124., 125., and 153., | 1801 |
sections 9.331 to 9.335 and 307.86 of the Revised Code do not | 1802 |
apply to contracts or projects of a transportation improvement | 1803 |
district. | 1804 |
Sec. 6117.012. (A) A board of county commissioners may adopt | 1805 |
rules requiring owners of property within the district whose | 1806 |
property is served by a connection to sewers maintained and | 1807 |
operated by the board or to sewers that are connected to | 1808 |
interceptor sewers maintained and operated by the board to do any | 1809 |
of the following: | 1810 |
(1) Disconnect storm water inflows to sanitary sewers | 1811 |
maintained and operated by the board and not operated as a | 1812 |
combined sewer, or to connections with those sewers; | 1813 |
(2) Disconnect non-storm water inflows to storm water sewers | 1814 |
maintained and operated by the board and not operated as a | 1815 |
combined sewer, or to connections with those storm water sewers; | 1816 |
(3) Reconnect or relocate any such disconnected inflows in | 1817 |
compliance with board rules and applicable building codes, health | 1818 |
codes, or other relevant codes; | 1819 |
(4) Prevent sewer back-ups into properties that have | 1820 |
experienced one or more back-ups of sanitary or combined sewers | 1821 |
maintained and operated by the board; | 1822 |
(5) Prevent storm water from entering a combined sewer and | 1823 |
causing an overflow or an inflow to a sanitary sewer, which | 1824 |
prevention may include projects or programs that separate the | 1825 |
storm water from a combined sewer or that utilize a prevention or | 1826 |
replacement facility to prevent or minimize storm water from | 1827 |
entering a combined sewer or a sanitary sewer. | 1828 |
(B) Any inflow required to be disconnected or any sewer | 1829 |
back-up required to be prevented under a rule adopted pursuant to | 1830 |
divisions (A)(1) to (4) of this section constitutes a nuisance | 1831 |
subject to injunctive relief and abatement pursuant to Chapter | 1832 |
3767. of the Revised Code or as otherwise permitted by law. | 1833 |
(C) A board of county commissioners may use sewer district | 1834 |
funds; county general fund moneys; the proceeds of bonds issued | 1835 |
under Chapter 133. or 165. of the Revised Code; and, to the extent | 1836 |
permitted by their terms, loans, grants, or other moneys from | 1837 |
appropriate state or federal funds, for either of the following: | 1838 |
(1) The cost of disconnections, reconnections, relocations, | 1839 |
combined sewer overflow prevention, or sewer back-up prevention | 1840 |
required by rules adopted pursuant to division (A) of this | 1841 |
section, performed by the county or under contract with the | 1842 |
county; | 1843 |
(2) Payments to the property owner or a contractor hired by | 1844 |
the property owner pursuant to a competitive process established | 1845 |
by district rules, for the cost of disconnections, reconnections, | 1846 |
relocations, combined sewer overflow prevention, or sewer back-up | 1847 |
prevention required by rules adopted pursuant to division (A) of | 1848 |
this section after the board, pursuant to its rules, has approved | 1849 |
the work to be performed and after the county has received from | 1850 |
the property owner a statement releasing the county from all | 1851 |
liability in connection with the disconnections, reconnections, | 1852 |
relocations, combined sewer overflow prevention, or sewer back-up | 1853 |
prevention. | 1854 |
(D) Except as provided in division (E) of this section, the | 1855 |
board of county commissioners shall require in its rules regarding | 1856 |
disconnections, reconnections, relocations of sewers, combined | 1857 |
sewer overflow prevention, or sewer back-up prevention the | 1858 |
reimbursement of moneys expended pursuant to division (C) of this | 1859 |
section by either of the following methods: | 1860 |
(1) A charge to the property owner in the amount of the | 1861 |
payment made pursuant to division (C) of this section for | 1862 |
immediate payment or payment in installments with interest as | 1863 |
determined by the board not to exceed ten per cent, which payments | 1864 |
may be billed as a separate item with the rents charged to that | 1865 |
owner for use of the sewers. The board may approve installment | 1866 |
payments for a period of not more than fifteen years. If charges | 1867 |
are to be paid in installments, the board shall certify to the | 1868 |
county auditor information sufficient to identify each subject | 1869 |
parcel of property, the total of the charges to be paid in | 1870 |
installments, and the total number of installments to be paid. The | 1871 |
auditor shall record the information in the sewer improvement | 1872 |
record until these charges are paid in full. Charges not paid when | 1873 |
due shall be certified to the county auditor, who shall place the | 1874 |
charges upon the real property tax list and duplicate against that | 1875 |
property. Those charges shall be a lien on the property from the | 1876 |
date they are placed on the tax list and duplicate and shall be | 1877 |
collected in the same manner as other taxes. | 1878 |
(2) A special assessment levied against the property, payable | 1879 |
in the number of years the board determines, not to exceed fifteen | 1880 |
years, with interest as determined by the board not to exceed ten | 1881 |
per cent. The board shall certify the assessments to the county | 1882 |
auditor, stating the amount and time of payment. The auditor shall | 1883 |
record the information in the county sewer improvement record, | 1884 |
showing separately the assessments to be collected, and shall | 1885 |
place the assessments upon the real property tax list and | 1886 |
duplicate for collection. The assessments shall be a lien on the | 1887 |
property from the date they are placed on the tax list and | 1888 |
duplicate and shall be collected in the same manner as other | 1889 |
taxes. | 1890 |
(E) The county may adopt a resolution specifying a maximum | 1891 |
amount of the cost of any disconnection, reconnection, relocation, | 1892 |
combined sewer overflow prevention, or sewer back-up prevention | 1893 |
required pursuant to division (A) of this section that may be paid | 1894 |
by the county for each affected parcel of property without | 1895 |
requiring reimbursement. That amount may be allowed only if there | 1896 |
is a building code, health code, or other relevant code, or a | 1897 |
federally imposed or state-imposed consent decree that is filed or | 1898 |
otherwise recorded in a court of competent jurisdiction, | 1899 |
applicable to the affected parcel that prohibits in the future any | 1900 |
inflows, combined sewer overflows, or sewer back-ups not allowed | 1901 |
under rules adopted pursuant to division (A)(1), (4), or (5) of | 1902 |
this section. The board, by rule, shall establish criteria for | 1903 |
determining how much of the maximum amount for each qualifying | 1904 |
parcel need not be reimbursed. | 1905 |
(F) | 1906 |
1907 | |
1908 | |
1909 | |
1910 | |
1911 | |
1912 |
Disconnections, reconnections, relocations, combined sewer | 1913 |
overflow prevention, or sewer back-up prevention required under | 1914 |
this section performed by a contractor under contract with the | 1915 |
property owner shall not be subject to competitive bidding or | 1916 |
public bond laws. | 1917 |
(G) Property owners shall be responsible for maintaining any | 1918 |
improvements made or facilities constructed on private property to | 1919 |
reconnect or relocate disconnected inflows, for combined sewer | 1920 |
overflow prevention, or for sewer back-up prevention pursuant to | 1921 |
this section unless a public easement or other agreement exists | 1922 |
for the county to maintain that improvement or facility. | 1923 |
(H) A board of county commissioners may provide rate | 1924 |
reductions of and credits against charges for the use of sewers to | 1925 |
a property owner that implements a project or program that | 1926 |
prevents storm water from entering a combined sewer and causing an | 1927 |
overflow. Such a project or program may include the use of a | 1928 |
prevention or replacement facility to handle storm water that has | 1929 |
been separated from a combined sewer. The revised rates or charges | 1930 |
shall be collected and paid to the county treasurer in accordance | 1931 |
with section 6117.02 of the Revised Code. | 1932 |
Sec. 6121.061. The Ohio water development authority shall | 1933 |
not issue any bonds or otherwise participate in any project | 1934 |
authorized by this chapter or Chapter 6123. of the Revised Code | 1935 |
unless the contract, resolution, or other written document setting | 1936 |
forth the board's participation specifies that all wages paid to | 1937 |
laborers and mechanics employed on the projects shall be paid at | 1938 |
the prevailing rates of wages of laborers and mechanics for the | 1939 |
class of work called for by the project, which wages shall be | 1940 |
determined in accordance with the requirements of Chapter 4115. of | 1941 |
the Revised Code for determination of prevailing wage rates, | 1942 |
provided that the requirements of this section do not apply | 1943 |
1944 | |
1945 | |
government or any of its agencies furnishes by loan or grant all | 1946 |
or any part of the funds used in connection with the project and | 1947 |
prescribes predetermined minimum wages to be paid to the laborers | 1948 |
and mechanics, and provided that if a non-public user beneficiary | 1949 |
of the project undertakes, as part of the project, construction to | 1950 |
be performed by its regular bargaining unit employees who are | 1951 |
covered under a collective bargaining agreement that was in | 1952 |
existence prior to the date of the commitment instrument setting | 1953 |
forth the board's participation, the rate of pay provided under | 1954 |
the collective bargaining agreement may be paid to those | 1955 |
employees. | 1956 |
Section 2. That existing sections 164.07, 307.022, 307.671, | 1957 |
307.673, 307.674, 307.696, 351.06, 1506.44, 1710.02, 4115.03, | 1958 |
4115.034, 4115.04, 4115.06, 4115.09, 4115.10, 4115.133, 5540.03, | 1959 |
6117.012, and 6121.061 of the Revised Code are hereby repealed. | 1960 |
Section 3. The amendments by Section 1 of this act of | 1961 |
sections 164.07, 307.022, 307.671, 307.673, 307.674, 307.696, | 1962 |
351.06, 1506.44, 1710.02, 4115.03, 4115.034, 4115.04, 4115.06, | 1963 |
4115.09, 4115.10, 4115.133, 5540.03, 6117.012, and 6121.061 of the | 1964 |
Revised Code, with respect to the application of sections 4115.03 | 1965 |
to 4115.16 of the Revised Code, do apply to contracts governed by | 1966 |
this act that are entered into before the effective date of this | 1967 |
act. | 1968 |