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To amend sections 1710.01, 1710.02, 1710.021, | 1 |
1710.03, 1710.04, 1710.05, 1710.06, 1710.061, | 2 |
1710.07, 1710.11, 1710.12, 1710.13, 4582.06, and | 3 |
4582.31; to amend, for the purpose of adopting a | 4 |
new section number as indicated in parentheses, | 5 |
section 1710.061 (1710.40); and to enact sections | 6 |
1710.20, 1710.21, 1710.22, 1710.23, 1710.24, | 7 |
1710.25, 1710.26, 1710.27, 1710.28, 1710.29, | 8 |
1710.30, 1710.31, 1710.32, 1710.33, 1710.34, | 9 |
1710.35, 1710.36, and 1710.37 of the Revised Code | 10 |
to authorize port authorities to create energy | 11 |
special improvement districts for the purpose of | 12 |
developing and implementing plans for special | 13 |
energy improvement projects and to alter the law | 14 |
governing such districts that are governed by a | 15 |
nonprofit corporation. | 16 |
Section 1. That sections 1710.01, 1710.02, 1710.021, | 17 |
1710.03, 1710.04, 1710.05, 1710.06, 1710.061, 1710.07, 1710.11, | 18 |
1710.12, 1710.13, 4582.06, and 4582.31 be amended, section | 19 |
1710.061 (1710.40) be amended for the purpose of adopting a new | 20 |
section number as indicated in parentheses, and sections 1710.20, | 21 |
1710.21, 1710.22, 1710.23, 1710.24, 1710.25, 1710.26, 1710.27, | 22 |
1710.28, 1710.29, 1710.30, 1710.31, 1710.32, 1710.33, 1710.34, | 23 |
1710.35, 1710.36, and 1710.37 of the Revised Code be enacted to | 24 |
read as follows: | 25 |
Sec. 1710.01. As used in this chapter: | 26 |
(A) "Special improvement district" means a special | 27 |
improvement district organized under | 28 |
to 1710.13 of the Revised Code. | 29 |
(B) "Church" means a fellowship of believers, congregation, | 30 |
society, corporation, convention, or association that is formed | 31 |
primarily or exclusively for religious purposes and that is not | 32 |
formed for the private profit of any person. | 33 |
(C) "Church property" means property that is described as | 34 |
being exempt from taxation under division (A)(2) of section | 35 |
5709.07 of the Revised Code and that the county auditor has | 36 |
entered on the exempt list compiled under section 5713.07 of the | 37 |
Revised Code. | 38 |
(D) "Municipal executive" means the mayor, city manager, or | 39 |
other chief executive officer of the municipal corporation in | 40 |
which a special improvement district is located. | 41 |
(E) "Participating political subdivision" means the municipal | 42 |
corporation or township, or each of the municipal corporations or | 43 |
townships, that has territory within the boundaries of a special | 44 |
improvement district or an energy special improvement district | 45 |
created under this chapter. | 46 |
(F) "Legislative authority of a participating political | 47 |
subdivision" means, with reference to a township, the board of | 48 |
township trustees. | 49 |
(G) "Public improvement" means the planning, design, | 50 |
construction, reconstruction, enlargement, or alteration of any | 51 |
facility or improvement, including the acquisition of land, for | 52 |
which a special assessment may be levied under Chapter 727. of the | 53 |
Revised Code, and includes any special energy improvement project. | 54 |
(H) "Public service" means any service that can be provided | 55 |
by a municipal corporation or any service for which a special | 56 |
assessment may be levied under Chapter 727. of the Revised Code. | 57 |
(I) "Special energy improvement project" means any property, | 58 |
device, structure, or equipment necessary for the acquisition, | 59 |
installation, equipping, and improvement of any real or personal | 60 |
property used for the purpose of creating a solar photovoltaic | 61 |
project, a solar thermal energy project, a geothermal energy | 62 |
project, a waste heat recovery project, a hydroelectric project, a | 63 |
water efficiency project, a combined heat and power (CHP) project, | 64 |
a fuel source conversion project, a cogeneration project, a | 65 |
biodigestor project, a customer-generated energy project, or an | 66 |
energy efficiency improvement, whether such real or personal | 67 |
property is publicly or privately owned. | 68 |
(J) "Existing qualified nonprofit corporation" means a | 69 |
nonprofit corporation that existed before the creation of the | 70 |
corresponding special improvement district under this chapter, | 71 |
that is composed of members located within or adjacent to the | 72 |
district, that has established a police department under section | 73 |
1702.80 of the Revised Code, and that is organized for purposes | 74 |
that include acquisition of real property within an area specified | 75 |
by its articles for the subsequent transfer of such property to | 76 |
its members exclusively for charitable, scientific, literary, or | 77 |
educational purposes, or holding and maintaining and leasing such | 78 |
property; planning for and assisting in the development of its | 79 |
members; providing for the relief of the poor and distressed or | 80 |
underprivileged in the area and adjacent areas; combating | 81 |
community deterioration and lessening the burdens of government; | 82 |
providing or assisting others in providing housing for low- or | 83 |
moderate-income persons; and assisting its members by the | 84 |
provision of public safety and security services, parking | 85 |
facilities, transit service, landscaping, and parks. | 86 |
(K) "Energy efficiency improvement" means energy efficiency | 87 |
technologies, products, and activities that reduce or support the | 88 |
reduction of energy consumption, allow for the reduction in | 89 |
demand, or support the production of clean, renewable energy and | 90 |
that are or will be permanently fixed to real property. | 91 |
(L) "Customer-generated energy project" means a wind, | 92 |
biomass, or gasification facility for the production of | 93 |
electricity that meets either of the following requirements: | 94 |
(1) The facility is designed to have a generating capacity of | 95 |
two hundred fifty kilowatts of electricity or less. | 96 |
(2) The facility is: | 97 |
(a) Designed to have a generating capacity of more than two | 98 |
hundred fifty kilowatts of electricity; | 99 |
(b) Operated in parallel with electric transmission and | 100 |
distribution facilities serving the real property at the site of | 101 |
the customer-generated energy project; | 102 |
(c) Intended primarily to offset part or all of the facility | 103 |
owner's requirements for electricity at the site of the | 104 |
customer-generated energy project and is located on the facility | 105 |
owner's real property; and | 106 |
(d) Not producing energy for direct sale by the facility | 107 |
owner to the public. | 108 |
(M) "Reduction in demand" means a change in customer behavior | 109 |
or a change in customer-owned or operated assets that reduces or | 110 |
has the capability to reduce the demand for electricity as a | 111 |
result of price signals or other incentives. | 112 |
(N) "Electric distribution utility" and "mercantile customer" | 113 |
have the same meanings as in section 4928.01 of the Revised Code. | 114 |
(O) "Fuel source conversion project" means a project | 115 |
undertaken by a property owner, rural cooperative, or political | 116 |
subdivision of this state to convert an existing fossil fuel-based | 117 |
technology, product, or system to a more efficient technology, | 118 |
product, or system, including conversion to a natural gas or | 119 |
electricity-based technology, product, or system. | 120 |
(P) "Nonresidential property" means real property that is not | 121 |
classified as either residential or agricultural property for | 122 |
property tax purposes. | 123 |
(Q) "Port authority" means a port authority created under | 124 |
section 4582.02 or section 4582.22 of the Revised Code. | 125 |
Sec. 1710.02. (A) A special improvement district may be | 126 |
created within the boundaries of any one municipal corporation, | 127 |
any one township, or any combination of contiguous municipal | 128 |
corporations and townships for the purpose of developing and | 129 |
implementing plans for public improvements and public services | 130 |
that benefit the district. A district may be created by petition | 131 |
of the owners of real property within the proposed district, or by | 132 |
an existing qualified nonprofit corporation. If the district is | 133 |
created by an existing qualified nonprofit corporation, the | 134 |
purposes for which the district is created may be supplemental to | 135 |
the other purposes for which the corporation is organized. All | 136 |
territory in a special improvement district shall be contiguous | 137 |
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The district shall be governed by the board of | 150 |
directors of a nonprofit corporation | 151 |
known as the board of directors of the special improvement | 152 |
district. No special improvement district shall include any church | 153 |
property, or property of the federal or state government or a | 154 |
county, township, or municipal corporation, unless the church or | 155 |
the county, township, or municipal corporation specifically | 156 |
requests in writing that the property be included within the | 157 |
district, or unless the church is a member of the existing | 158 |
qualified nonprofit corporation creating the district at the time | 159 |
the district is created. More than one district may be created | 160 |
within a participating political subdivision, but no real property | 161 |
may be included within more than one district unless the owner of | 162 |
the property files a written consent with the clerk of the | 163 |
legislative authority, the township fiscal officer, or the village | 164 |
clerk, as appropriate. The area of each district shall be | 165 |
contiguous | 166 |
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(B) Except as provided in division (C) of this section, a | 170 |
district created under | 171 |
the Revised Code is not a political subdivision. A district | 172 |
created under | 173 |
public agency under section 102.01 and a public authority under | 174 |
section 4115.03 of the Revised Code. Each member of the board of | 175 |
directors of a district, each member's designee or proxy, and each | 176 |
officer and employee of a district shall be considered a public | 177 |
official or employee under section 102.01 of the Revised Code and | 178 |
a public official and public servant under section 2921.42 of the | 179 |
Revised Code. Districts created under | 180 |
1710.02 to 1710.13 of the Revised Code are not subject to sections | 181 |
121.81 to 121.83 of the Revised Code | 182 |
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Revised Code. | 184 |
(C) Each district created under | 185 |
to 1710.13 of the Revised Code shall be considered a political | 186 |
subdivision for purposes of section 4905.34 of the Revised Code. | 187 |
Membership on the board of directors of the district shall | 188 |
not be considered as holding a public office. Directors and their | 189 |
designees shall be entitled to the immunities provided by Chapter | 190 |
1702. and to the same immunity as an employee under division | 191 |
(A)(6) of section 2744.03 of the Revised Code, except that | 192 |
directors and their designees shall not be entitled to the | 193 |
indemnification provided in section 2744.07 of the Revised Code | 194 |
unless the director or designee is an employee or official of a | 195 |
participating political subdivision of the district and is acting | 196 |
within the scope of the director's or designee's employment or | 197 |
official responsibilities. | 198 |
District officers and district members and directors and | 199 |
their designees or proxies shall not be required to file a | 200 |
statement with the Ohio ethics commission under section 102.02 of | 201 |
the Revised Code. All records of the district shall be treated as | 202 |
public records under section 149.43 of the Revised Code, except | 203 |
that records of organizations contracting with a district shall | 204 |
not be considered to be public records under section 149.43 or | 205 |
section 149.431 of the Revised Code solely by reason of any | 206 |
contract with a district. | 207 |
(D) Except as otherwise provided in this section, the | 208 |
nonprofit corporation that governs a district shall be organized | 209 |
in the manner described in Chapter 1702. of the Revised Code. | 210 |
Except in the case of a district created by an existing qualified | 211 |
nonprofit corporation, the corporation's articles of incorporation | 212 |
are required to be approved, as provided in division (E) of this | 213 |
section, by resolution of the legislative authority of each | 214 |
participating political subdivision of the district. A copy of | 215 |
that resolution shall be filed along with the articles of | 216 |
incorporation in the secretary of state's office. | 217 |
In addition to meeting the requirements for articles of | 218 |
incorporation set forth in Chapter 1702. of the Revised Code, the | 219 |
articles of incorporation for the nonprofit corporation governing | 220 |
a district formed under | 221 |
of the Revised Code shall provide all the following: | 222 |
(1) The name for the district, which shall include the name | 223 |
of each participating political subdivision of the district; | 224 |
(2) A description of the territory within the district, which | 225 |
may be all or part of each participating political subdivision. | 226 |
The description shall be specific enough to enable real property | 227 |
owners to determine if their property is located within the | 228 |
district. | 229 |
(3) A description of the procedure by which the articles of | 230 |
incorporation may be amended. The procedure shall include | 231 |
receiving approval of the amendment, by resolution, from the | 232 |
legislative authority of each participating political subdivision | 233 |
and filing the approved amendment and resolution with the | 234 |
secretary of state. | 235 |
(4) The reasons for creating the district, plus an | 236 |
explanation of how the district will be conducive to the public | 237 |
health, safety, peace, convenience, and welfare of the district. | 238 |
(E) The articles of incorporation for a nonprofit corporation | 239 |
governing a district created under | 240 |
to 1710.13 of the Revised Code and amendments to them shall be | 241 |
submitted to the municipal executive, if any, and the legislative | 242 |
authority of each municipal corporation or township in which the | 243 |
proposed district is to be located. Except in the case of a | 244 |
district created by an existing qualified nonprofit corporation, | 245 |
the articles or amendments shall be accompanied by a petition | 246 |
signed either by the owners of at least sixty per cent of the | 247 |
front footage of all real property located in the proposed | 248 |
district that abuts upon any street, alley, public road, place, | 249 |
boulevard, parkway, park entrance, easement, or other existing | 250 |
public improvement within the proposed district, excluding church | 251 |
property or property owned by the state, county, township, | 252 |
municipal, or federal government, unless a church, county, | 253 |
township, or municipal corporation has specifically requested in | 254 |
writing that the property be included in the district, or by the | 255 |
owners of at least seventy-five per cent of the area of all real | 256 |
property located within the proposed district, excluding church | 257 |
property or property owned by the state, county, township, | 258 |
municipal, or federal government, unless a church, county, | 259 |
township, or municipal corporation has specifically requested in | 260 |
writing that the property be included in the district. | 261 |
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compliance with these requirements, the area of the district, or | 279 |
the front footage and ownership of property, shall be as shown in | 280 |
the most current records available at the county recorder's office | 281 |
and the county engineer's office sixty days prior to the date on | 282 |
which the petition is filed. | 283 |
Each municipal corporation or township with which the | 284 |
petition is filed has sixty days to approve or disapprove, by | 285 |
resolution, the petition, including the articles of incorporation. | 286 |
In the case of a district created by an existing qualified | 287 |
nonprofit corporation, each municipal corporation or township has | 288 |
sixty days to approve or disapprove the creation of the district | 289 |
after the corporation submits the articles of incorporation or | 290 |
amendments thereto. This | 291 |
restrict the rights of municipal corporations under Article XVIII | 292 |
of the Ohio Constitution or the right of the municipal legislative | 293 |
authority to impose reasonable conditions in a resolution of | 294 |
approval. | 295 |
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(F) Persons proposing creation and operation of the district | 299 |
may propose an initial plan for public services or public | 300 |
improvements that benefit all or any part of the district. Any | 301 |
initial plan shall be submitted as part of the petition proposing | 302 |
creation of the district or, in the case of a district created by | 303 |
an existing qualified nonprofit corporation, shall be submitted | 304 |
with the articles of incorporation or amendments thereto. | 305 |
An initial plan may include provisions for the following: | 306 |
(1) Creation and operation of the district and of the | 307 |
nonprofit corporation to govern the district | 308 |
(2) Hiring employees and professional services; | 309 |
(3) Contracting for insurance; | 310 |
(4) Purchasing or leasing office space and office equipment; | 311 |
(5) Other actions necessary initially to form, operate, or | 312 |
organize the district and the nonprofit corporation to govern the | 313 |
district; | 314 |
(6) A plan for public improvements or public services that | 315 |
benefit all or part of the district, which plan shall comply with | 316 |
the requirements of division (A) of section 1710.06 of the Revised | 317 |
Code and may include, but is not limited to, any of the permissive | 318 |
provisions described in the fourth sentence of that division or | 319 |
listed in divisions (A)(1) to | 320 |
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323 | |
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After the initial plan is approved by all municipal | 325 |
corporations and townships to which it is submitted for approval | 326 |
and the district is created, each participating subdivision shall | 327 |
levy a special assessment within its boundaries to pay for the | 328 |
costs of the initial plan. The levy shall be for no more than ten | 329 |
years from the date of the approval of the initial plan | 330 |
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purposes of levying an assessment for this initial plan, the | 339 |
services or improvements included in the initial plan shall be | 340 |
deemed a special benefit to property owners within the district. | 341 |
(G) Each nonprofit corporation governing a district under | 342 |
343 | |
do the following: | 344 |
(1) Exercise all powers of nonprofit corporations granted | 345 |
under Chapter 1702. of the Revised Code that do not conflict with | 346 |
347 |
(2) Develop, adopt, revise, implement, and repeal plans for | 348 |
public improvements and public services for all or any part of the | 349 |
district; | 350 |
(3) Contract with any person, political subdivision as | 351 |
defined in section 2744.01 of the Revised Code, or state agency as | 352 |
defined in section 1.60 of the Revised Code to develop and | 353 |
implement plans for public improvements or public services within | 354 |
the district; | 355 |
(4) Contract and pay for insurance for the district and for | 356 |
directors, officers, agents, contractors, employees, or members of | 357 |
the district for any consequences of the implementation of any | 358 |
plan adopted by the district or any actions of the district. | 359 |
The board of directors of a special improvement district may, | 360 |
acting as agent and on behalf of a participating political | 361 |
subdivision, sell, transfer, lease, or convey any special energy | 362 |
improvement project owned by the participating political | 363 |
subdivision upon a determination by the legislative authority | 364 |
thereof that the project is not required to be owned exclusively | 365 |
by the participating political subdivision for its purposes, for | 366 |
uses determined by the legislative authority thereof as those that | 367 |
will promote the welfare of the people of such participating | 368 |
political subdivision; to improve the quality of life and the | 369 |
general and economic well-being of the people of the participating | 370 |
political subdivision; better ensure the public health, safety, | 371 |
and welfare; protect water and other natural resources; provide | 372 |
for the conservation and preservation of natural and open areas | 373 |
and farmlands, including by making urban areas more desirable or | 374 |
suitable for development and revitalization; control, prevent, | 375 |
minimize, clean up, or mediate certain contamination of or | 376 |
pollution from lands in the state and water contamination or | 377 |
pollution; or provide for safe and natural areas and resources. | 378 |
The legislative authority of each participating political | 379 |
subdivision shall specify the consideration for such sale, | 380 |
transfer, lease, or conveyance and any other terms thereof. Any | 381 |
determinations made by a legislative authority of a participating | 382 |
political subdivision under this division shall be conclusive. | 383 |
| 384 |
385 | |
386 | |
387 | |
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389 | |
390 | |
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Sec. 1710.021. Any owner of an interest in real property | 392 |
that is located within a proposed or existing special improvement | 393 |
district who enters into a contract to transfer the interest shall | 394 |
give to the transferee of the interest within the specified period | 395 |
of time both of the following: | 396 |
(A) Within five days after entering into the contract, each | 397 |
notice that the owner received under | 398 |
to 1710.13 of the Revised Code within ninety days prior to | 399 |
entering into the contract; | 400 |
(B) Within five days after its receipt, each notice that the | 401 |
owner receives under | 402 |
the Revised Code after entering into the contract until the | 403 |
contract is completely performed or terminated. | 404 |
Sec. 1710.03. (A) Except as otherwise provided in this | 405 |
division, each owner of real property within a special improvement | 406 |
district other than the state or federal government is a member of | 407 |
the district, and the real property of each member of the district | 408 |
is subject to special assessment under division (C) of section | 409 |
1710.06 of the Revised Code. A church is not a member of the | 410 |
district unless the church specifically requested in writing that | 411 |
its property be included in the district or unless, in the case of | 412 |
a district created by an existing qualified nonprofit corporation, | 413 |
the church is a member of the corporation at the time the district | 414 |
is created. A county, township, or municipal corporation owning | 415 |
real property in the district is not a member of the district | 416 |
unless such entity specifically requested in writing that its | 417 |
property be included in the district. | 418 |
The identity and address of the owners shall be determined | 419 |
for any particular action of the nonprofit corporation that | 420 |
governs the district, including notice of meetings of the | 421 |
district, no more than sixty days prior to the date of the action, | 422 |
from the most current records available at the county auditor's | 423 |
office. For purposes of | 424 |
of the Revised Code, the persons shown on such records as having | 425 |
common or joint ownership interests in a parcel of real property | 426 |
collectively shall constitute the owner of the real property. | 427 |
(B) A member may file a written statement with the district's | 428 |
secretary at least three days prior to any meeting of the entire | 429 |
membership of the district to appoint a proxy to carry out the | 430 |
member's rights and responsibilities under | 431 |
1710.02 to 1710.13 of the Revised Code at that meeting. | 432 |
(C) A member also may appoint a designee to carry out the | 433 |
member's rights and responsibilities under | 434 |
1710.02 to 1710.13 of the Revised Code by filing a written | 435 |
designation form with the district's secretary. This form shall | 436 |
include the name and address of the member, the name and address | 437 |
of the designee, and the expiration date, if any, of the | 438 |
designation and may authorize the designee to vote at any meeting | 439 |
of the district. | 440 |
(D) A proxy or designee need not be an elector or resident of | 441 |
any participating political subdivision of the district or a | 442 |
member of the district. The appointment of a proxy or a designee | 443 |
may be changed by filing a new form with the district's secretary. | 444 |
The most current form filed with the secretary is the valid | 445 |
appointment. Service of any notice upon a proxy or designee at the | 446 |
proxy's or designee's address as shown on that form satisfies any | 447 |
requirements for notification of the member. | 448 |
Sec. 1710.04. (A) A special improvement district created | 449 |
under | 450 |
shall be governed by the board of directors of the special | 451 |
improvement district. The board shall consist of at least five | 452 |
directors. The board shall include a person appointed by the | 453 |
legislative authority of each participating political subdivision | 454 |
and the municipal executive of each municipal corporation with | 455 |
territory within the boundaries of the special improvement | 456 |
district. The remainder of the board's members shall be members of | 457 |
the district. Except for the municipal executives and the | 458 |
appointees of the legislative authorities, and except as otherwise | 459 |
provided in this division, members of the board of directors shall | 460 |
be elected at a meeting of the entire membership of the district. | 461 |
The initial election of directors may occur at the first meeting | 462 |
of the entire membership of the district after its creation. All | 463 |
subsequent elections shall be held at | 464 |
of the membership. | 465 |
Each municipal executive may designate one person who is an | 466 |
employee of the municipal corporation involved with its planning | 467 |
or economic development functions to serve in the municipal | 468 |
executive's stead. This designee shall serve at the pleasure of | 469 |
the municipal executive. | 470 |
In the case of a district created by an existing qualified | 471 |
nonprofit corporation, the corporation's board of | 472 |
directors or other governing board, however denominated, shall be | 473 |
the board of directors of the special improvement district for the | 474 |
purposes of
| 475 |
Revised Code. The election of directors otherwise required by this | 476 |
division shall not be required, and the requirement that municipal | 477 |
executives and appointees of the legislative authorities be | 478 |
members of the district's board of directors may be satisfied by | 479 |
the membership on the corporation's governing board of | 480 |
representatives of such participating political subdivisions, or | 481 |
may be waived if approved by resolution of the legislative | 482 |
authorities of the participating political subdivisions. | 483 |
(B) A director may file a written statement with the | 484 |
district's secretary at least three days prior to any meeting of | 485 |
the board to have a person act as proxy to carry out the | 486 |
director's rights and responsibilities under | 487 |
1710.02 to 1710.13 of the Revised Code at that meeting. | 488 |
A director may also appoint a designee to carry out the | 489 |
director's rights and responsibilities under | 490 |
1710.02 to 1710.13 of the Revised Code by filing a written | 491 |
designation form with the district's secretary. This form shall | 492 |
include the name and address of the director, the name and address | 493 |
of the designee, and the expiration date, if any, of the | 494 |
designation. | 495 |
A proxy or designee need not be an elector or resident of a | 496 |
participating political subdivision of the district or a member of | 497 |
the district. The appointment of a proxy or designee may be | 498 |
changed by filing a new form with the district's secretary. The | 499 |
most current form filed with the secretary is the valid | 500 |
appointment. Service of any notice upon a proxy or designee at the | 501 |
proxy's or designee's address as shown on that form satisfies any | 502 |
requirements for notification of the director. | 503 |
(C) Notice of the time, date, place, and agenda for any | 504 |
meeting of the board of directors shall be by written notice to | 505 |
each director, transmitted by certified mail, personal service, or | 506 |
electronic device prior to the meeting. If possible, the notice | 507 |
shall be served at least one week prior to the meeting. | 508 |
The board shall act by a majority vote of those present and | 509 |
authorized to vote at any meeting where proper notice has been | 510 |
served. | 511 |
(D) The board shall elect a chairperson, vice-chairperson, | 512 |
secretary, and treasurer of the board. These officers shall serve | 513 |
at the board's pleasure. A director may be elected to more than | 514 |
one office, except that the director elected as treasurer shall | 515 |
not be elected to any other office of the board. | 516 |
By the first day of March of each year, the treasurer shall | 517 |
submit to each member of the district and to the municipal | 518 |
executive, chief fiscal officer, and legislative authority of each | 519 |
municipal corporation with territory within the boundaries of the | 520 |
special improvement district and the board of township trustees of | 521 |
each township with territory within the boundaries of the special | 522 |
improvement district, a report of the district's activities and | 523 |
financial condition for the previous year. | 524 |
(E) Divisions (B), (C), and (D) of this section do not apply | 525 |
to a district created by an existing qualified nonprofit | 526 |
corporation to the extent those divisions are not consistent with | 527 |
the regulations of the corporation, in which case the regulations | 528 |
of the corporation shall govern. | 529 |
Sec. 1710.05. Except as otherwise provided in | 530 |
sections 1710.02 to 1710.13 of the Revised Code, the articles of | 531 |
incorporation or the code of regulations governing the nonprofit | 532 |
corporation shall provide for the method by which notice for | 533 |
meetings of the membership of the special improvement district is | 534 |
to be given and the method for voting by the membership of the | 535 |
district. | 536 |
Sec. 1710.06. (A) The board of directors of a special | 537 |
improvement district may develop and adopt one or more written | 538 |
plans for public improvements or public services that benefit all | 539 |
or any part of the district. Each plan shall set forth the | 540 |
specific public improvements or public services that are to be | 541 |
provided, identify the area in which they will be provided, and | 542 |
specify the method of assessment to be used. Each plan for public | 543 |
improvements or public services shall indicate the period of time | 544 |
the assessments are to be levied for the improvements and services | 545 |
and, if public services are included in the plan, the period of | 546 |
time the services are to remain in effect. Plans for public | 547 |
improvements may include the planning, design, construction, | 548 |
reconstruction, enlargement, or alteration of any public | 549 |
improvements and the acquisition of land for the improvements. | 550 |
Plans for public improvements or public services may also include, | 551 |
but are not limited to, provisions for the following: | 552 |
(1) Creating and operating the district and the nonprofit | 553 |
corporation under | 554 |
Revised Code, including hiring employees and professional | 555 |
services, contracting for insurance, and purchasing or leasing | 556 |
office space and office equipment and other requirements of the | 557 |
district; | 558 |
(2) Planning, designing, and implementing a public | 559 |
improvements or public services plan, including hiring | 560 |
architectural, engineering, legal, appraisal, insurance, | 561 |
consulting, energy auditing, and planning services, and, for | 562 |
public services, managing, protecting, and maintaining public and | 563 |
private facilities, including public improvements; | 564 |
(3) Conducting court proceedings to carry out | 565 |
sections 1710.02 to 1710.13 of the Revised Code; | 566 |
(4) Paying damages resulting from the provision of public | 567 |
improvements or public services and implementing the plans; | 568 |
(5) Paying the costs of issuing, paying interest on, and | 569 |
redeeming or refunding notes and bonds issued for funding public | 570 |
improvements and public services plans | 571 |
| 572 |
573 | |
574 | |
575 | |
576 | |
577 | |
578 | |
579 | |
580 | |
581 |
| 582 |
583 | |
584 | |
585 | |
586 |
(B) Once the board of directors of the special improvement | 587 |
district adopts a plan, it shall submit the plan to the | 588 |
legislative authority of each participating political subdivision | 589 |
and the municipal executive of each municipal corporation in which | 590 |
the district is located, if any. The legislative authorities and | 591 |
municipal executives shall review the plan and, within sixty days | 592 |
after receiving it, may submit their comments and recommendations | 593 |
about it to the district. After reviewing these comments and | 594 |
recommendations, the board of directors may amend the plan. It may | 595 |
then submit the plan, amended or otherwise, in the form of a | 596 |
petition to members of the district whose property may be assessed | 597 |
for the plan. Once the petition is signed by those members who own | 598 |
at least sixty per cent of the front footage of property that is | 599 |
to be assessed and that abuts upon a street, alley, public road, | 600 |
place, boulevard, parkway, park entrance, easement, or other | 601 |
public improvement, or those members who own at least seventy-five | 602 |
per cent of the area to be assessed for the improvement or | 603 |
service, the petition may be submitted to each legislative | 604 |
authority for approval. | 605 |
606 | |
607 | |
608 | |
609 | |
610 |
Each legislative authority shall, by resolution, approve or | 611 |
reject the petition within sixty days after receiving it. If the | 612 |
petition is approved by the legislative authority of each | 613 |
participating political subdivision, the plan contained in the | 614 |
petition shall be effective at the earliest date on which a | 615 |
nonemergency resolution of the legislative authority with the | 616 |
latest effective date may become effective. A plan may not be | 617 |
resubmitted to the legislative authorities and municipal | 618 |
executives more than three times in any twelve-month period. | 619 |
(C) Each participating political subdivision shall levy, by | 620 |
special assessment upon specially benefited property located | 621 |
within the district, the costs of any public improvements or | 622 |
public services plan contained in a petition approved by the | 623 |
participating political subdivisions under this section or | 624 |
division (F) of section 1710.02 of the Revised Code. The levy | 625 |
shall be made in accordance with the procedures set forth in | 626 |
Chapter 727. of the Revised Code, except that: | 627 |
(1) The assessment for each improvements or services plan may | 628 |
be levied by any one or any combination of the methods of | 629 |
assessment listed in section 727.01 of the Revised Code, provided | 630 |
that the assessment is uniformly applied. | 631 |
(2) For the purpose of levying an assessment, the board of | 632 |
directors may combine one or more improvements or services plans | 633 |
or parts of plans and levy a single assessment against specially | 634 |
benefited property. | 635 |
(3) For purposes of special assessments levied by a township | 636 |
pursuant to | 637 |
Revised Code, references in Chapter 727. of the Revised Code to | 638 |
the municipal corporation shall be deemed to refer to the | 639 |
township, and references to the legislative authority of the | 640 |
municipal corporation shall be deemed to refer to the board of | 641 |
township trustees. | 642 |
Church property or property owned by a political subdivision, | 643 |
including any participating political subdivision in which a | 644 |
special improvement district is located, shall be included in and | 645 |
be subject to special assessments made pursuant to a plan adopted | 646 |
under this section or division (F) of section 1710.02 of the | 647 |
Revised Code, if the church or political subdivision has | 648 |
specifically requested in writing that its property be included | 649 |
within the special improvement district and the church or | 650 |
political subdivision is a member of the district or, in the case | 651 |
of a district created by an existing qualified nonprofit | 652 |
corporation, if the church is a member of the corporation. | 653 |
(D) All rights and privileges of property owners who are | 654 |
assessed under Chapter 727. of the Revised Code shall be granted | 655 |
to property owners assessed under | 656 |
1710.13 of the Revised Code, including those rights and privileges | 657 |
specified in sections 727.15 to 727.17 and 727.18 to 727.22 of the | 658 |
Revised Code and the right to notice of the resolution of | 659 |
necessity and the filing of the estimated assessment under section | 660 |
727.13 of the Revised Code. Property owners assessed for public | 661 |
services under | 662 |
Revised Code shall have the same rights and privileges as property | 663 |
owners assessed for public improvements under | 664 |
sections 1710.02 to 1710.13 of the Revised Code. | 665 |
Sec. 1710.07. The cost of any public improvements or public | 666 |
services plan of a special improvement district may include, but | 667 |
is not limited to, the following: | 668 |
(A) The cost of creating and operating the district under | 669 |
670 | |
including creating and operating a nonprofit organization | 671 |
organized under | 672 |
Revised Code, hiring employees and professional services, | 673 |
contracting for insurance, and purchasing or leasing office space | 674 |
or office equipment; | 675 |
(B) The cost of planning, designing, and implementing the | 676 |
public improvements or public services plan, including payment of | 677 |
architectural, engineering, legal, appraisal, insurance, | 678 |
consulting, energy auditing, and planning fees and expenses, and, | 679 |
for public services, the management, protection, and maintenance | 680 |
costs of public or private facilities; | 681 |
(C) Any court costs incurred by the district in implementing | 682 |
the public improvements or public services plan; | 683 |
(D) Any damages resulting from implementing the public | 684 |
improvements or public services plan; | 685 |
(E) The costs of issuing, paying interest on, and redeeming | 686 |
or refunding notes and bonds issued for funding the public | 687 |
improvements or public services plan | 688 |
| 689 |
690 | |
691 | |
692 | |
693 | |
694 | |
695 | |
696 | |
697 | |
698 |
Sec. 1710.11. The board of directors of a special | 699 |
improvement district shall adopt written rules prescribing | 700 |
competitive bidding procedures for contracts awarded under | 701 |
702 | |
procedures may differ from competitive bidding procedures | 703 |
applicable to the participating political subdivisions of the | 704 |
district or those provided in Chapter 735. of the Revised Code. | 705 |
The rules shall provide for advertising for bids and specify the | 706 |
bidding procedures to be followed, and may specify conditions | 707 |
under which competitive bidding is not required and other | 708 |
conditions such as establishing a dollar limit per contract or | 709 |
specifying particular parties to a contract. | 710 |
Sec. 1710.12. Any participating political subdivision of a | 711 |
special improvement district may issue bonds and notes in | 712 |
anticipation of collection of any special assessments authorized | 713 |
by | 714 |
All proceeds of any | 715 |
fund any public improvements or public services plan under | 716 |
717 | |
first be applied by the political subdivision to payment of those | 718 |
bonds or notes and any interest on them, as required by section | 719 |
133.17 of the Revised Code. Any remaining proceeds shall be turned | 720 |
over to the treasurer of the district and deposited in a district | 721 |
account to be used for the purposes for which the assessment was | 722 |
made or for which the bonds or notes were issued. | 723 |
Sec. 1710.13. This section does not apply to a special | 724 |
improvement district created by an existing qualified nonprofit | 725 |
corporation. | 726 |
The process for dissolving a special improvement district or | 727 |
repealing an improvements or services plan may be initiated by a | 728 |
petition signed by members of the district who own at least twenty | 729 |
per cent of the appraised value of the real property located in | 730 |
the district, excluding church property or real property owned by | 731 |
the federal government, the state, or a county, township, or | 732 |
municipal corporation, unless the church, county, township, or | 733 |
municipal corporation has specifically requested in writing that | 734 |
the property be included in the district, and filed with the | 735 |
municipal executive, if any, and the legislative authorities of | 736 |
all the participating political subdivisions of the district. As | 737 |
used in this section, "appraised value" means the taxable value | 738 |
established by the county auditor for purposes of real estate | 739 |
taxation. | 740 |
No later than forty-five days after such a petition is filed, | 741 |
the members of the district shall meet to consider it. Notice of | 742 |
the meeting shall be given as provided in section 1710.05 of the | 743 |
Revised Code. Upon the affirmative vote of members who | 744 |
collectively own more than fifty per cent of the appraised value | 745 |
of the real property in the district that may be subject to | 746 |
assessment under division (C) of section 1710.06 of the Revised | 747 |
Code, the district shall be dissolved, or the plan shall be | 748 |
repealed, as applicable. | 749 |
No rights or obligations of any person under any contract, or | 750 |
in relation to any bonds, notes, or assessments made under
| 751 |
752 | |
affected by the dissolution of the district or the repeal of a | 753 |
plan, except with the consent of that person or by order of a | 754 |
court with jurisdiction over the matter. Upon dissolution of a | 755 |
district, any assets or rights of the district, after payment of | 756 |
all bonds, notes, or other obligations of the district, shall be | 757 |
deposited in a special account in the treasury of each | 758 |
participating political subdivision, prorated among all | 759 |
participating political subdivisions to reflect the percentage of | 760 |
the district's territory within that political subdivision, to be | 761 |
used for the benefit of the territory that made up the district. | 762 |
Once the members have approved the repeal of a plan, all | 763 |
bonds, notes, and other obligations of the district associated | 764 |
with the plan shall be paid. Thereafter, the plan shall be | 765 |
repealed. Upon receipt of proof that all bonds, notes, and other | 766 |
obligations have been paid and that the plan has been repealed, | 767 |
the participating political subdivisions shall terminate any | 768 |
levies imposed to pay for costs of the plan. | 769 |
Sec. 1710.20. For the purpose of developing and implementing | 770 |
plans for special energy improvement projects on nonresidential | 771 |
property, a property owner or owners may create an energy special | 772 |
improvement district. The property owner or owners shall create | 773 |
the district in accordance with sections 1710.20 to 1710.28 of the | 774 |
Revised Code and shall ensure that all of the following apply to | 775 |
the district: | 776 |
(A) The district is governed by a nonprofit corporation | 777 |
organized under Chapter 1702. of the Revised Code acting through | 778 |
its board of directors. | 779 |
(B) The territory comprising the district is within the | 780 |
boundaries of any one municipal corporation, any one township, or | 781 |
any combination of contiguous or noncontiguous municipal | 782 |
corporations or townships. | 783 |
(C) At least one special energy improvement project is | 784 |
designated for each parcel of real property within the district. | 785 |
Sec. 1710.21. In order to create an energy special | 786 |
improvement district under sections 1710.20 to 1710.28 of the | 787 |
Revised Code, the person or persons proposing the creation of the | 788 |
district shall submit to each participating political subdivision | 789 |
all of the following: | 790 |
(A) A written plan for special energy improvement projects | 791 |
created in accordance with section 1710.22 of the Revised Code; | 792 |
(B) The articles of incorporation for the nonprofit | 793 |
corporation that will govern the district that meet the | 794 |
requirements of section 1710.23 of the Revised Code; and | 795 |
(C) A petition for the creation of the district signed by one | 796 |
hundred per cent of the property owners located within the | 797 |
proposed district. | 798 |
For purposes of compliance with division (C) of this section, | 799 |
the person or persons proposing creation of the district shall | 800 |
show the area of the district and the ownership of each parcel of | 801 |
property of the proposed district by reference to records that | 802 |
were available from each county recorder's office not more than | 803 |
sixty days prior to the submission of the petition. A petition | 804 |
submitted under division (C) of this section is in furtherance of | 805 |
the purposes set forth in Section 2o of Article VIII, Ohio | 806 |
Constitution. | 807 |
Sec. 1710.22. (A) The person or persons proposing the | 808 |
creation of an energy special improvement district under sections | 809 |
1710.20 to 1710.28 of the Revised Code shall ensure that the plan | 810 |
required under section 1710.21 of the Revised Code includes both | 811 |
of the following: | 812 |
(1) A description of the proposed special energy improvement | 813 |
project or projects, including the cost of the proposed project or | 814 |
projects and a statement of which property or properties each | 815 |
project will benefit. The person or persons shall designate at | 816 |
least one special energy improvement project for each parcel of | 817 |
real property within the proposed district. | 818 |
(2) The method of assessment to be used and the time period | 819 |
during which the assessment will be levied. | 820 |
(B) The person or persons proposing the creation of an energy | 821 |
special improvement district under sections 1710.20 to 1710.28 of | 822 |
the Revised Code may include in the plan submitted under section | 823 |
1710.21 of the Revised Code provisions for the following: | 824 |
(1) Creating and operating the district and the nonprofit | 825 |
corporation, including hiring employees and professional services, | 826 |
contracting for insurance, and purchasing or leasing office space | 827 |
and office equipment and other requirements of the district; | 828 |
(2) Planning, designing, and implementing a plan, and paying | 829 |
the costs of any action taken in furtherance of the plan, | 830 |
including hiring architectural, engineering, legal, appraisal, | 831 |
insurance, consulting, energy auditing, and planning services; | 832 |
(3) Conducting court proceedings to carry out sections | 833 |
1710.20 to 1710.28 of the Revised Code; | 834 |
(4) Paying damages resulting from the provision of public | 835 |
improvements or public services and implementing a plan; | 836 |
(5) Paying the costs of issuing, paying interest on, and | 837 |
redeeming or refunding notes and bonds issued for the purpose of | 838 |
funding a plan; | 839 |
(6) Sale, lease, lease with an option to purchase, conveyance | 840 |
of other interests in, or other contracts for the acquisition, | 841 |
construction, maintenance, repair, furnishing, equipping, | 842 |
operation, or improvement of any special energy improvement | 843 |
project by the energy special improvement district, between a | 844 |
participating political subdivision and the district, and between | 845 |
the district and any owner of real property in the district on | 846 |
which a special energy improvement project has been acquired, | 847 |
installed, equipped, or improved; | 848 |
(7) Aggregating the renewable energy credits generated by one | 849 |
or more special energy improvement projects within an energy | 850 |
special improvement district, upon the consent of the owners of | 851 |
the credits and for the purpose of negotiating and completing the | 852 |
sale of such credits; | 853 |
(8) The addition of territory to the energy special | 854 |
improvement district; | 855 |
(9) Any other actions necessary to form, operate, or organize | 856 |
the energy special improvement district and the nonprofit | 857 |
corporation that will govern the energy special improvement | 858 |
district. | 859 |
Sec. 1710.23. The person or persons proposing the creation | 860 |
of an energy special improvement district under sections 1710.20 | 861 |
to 1710.28 of the Revised Code shall ensure that in addition to | 862 |
meeting the requirements for articles of incorporation set forth | 863 |
in Chapter 1702. of the Revised Code, the articles of | 864 |
incorporation submitted under section 1710.21 of the Revised Code | 865 |
for the nonprofit corporation that will govern the energy special | 866 |
improvement district provide all of the following: | 867 |
(A) The name for the district; | 868 |
(B) A description of the territory within the district, which | 869 |
may be all or part of each participating political subdivision; | 870 |
(C) A description of the procedure by which the articles of | 871 |
incorporation may be amended; | 872 |
(D) The reasons for creating the district and an explanation | 873 |
of how the district will be conducive to the public health, | 874 |
safety, peace, convenience, and welfare of the district. | 875 |
Sec. 1710.24. (A) Each participating political subdivision | 876 |
with which the petition, the plan, and the articles of | 877 |
incorporation are filed under section 1710.21 of the Revised Code | 878 |
has sixty days to approve or disapprove, by resolution, the | 879 |
petition, the plan, and the articles of incorporation. A copy of | 880 |
that resolution shall be filed along with the articles of | 881 |
incorporation in the secretary of state's office. The energy | 882 |
special improvement district is created upon the filing of | 883 |
approval by all participating political subdivisions within the | 884 |
proposed energy special improvement district. | 885 |
This division does not prohibit or restrict the rights of | 886 |
municipal corporations under Article XVIII of the Ohio | 887 |
Constitution or the right of the municipal legislative authority | 888 |
to impose reasonable conditions in a resolution of approval. The | 889 |
acquisition, installation, equipping, and improvement of a special | 890 |
energy improvement project under this section does not supersede | 891 |
any local zoning, environmental, or similar law or regulation. | 892 |
(B) If a participating political subdivision approves the | 893 |
petition, the plan, and the articles of incorporation, the | 894 |
participating political subdivision shall levy a special | 895 |
assessment on all real property in the energy special improvement | 896 |
district that is located within its boundaries to pay for the | 897 |
costs of the plan. The participating political subdivision shall | 898 |
levy the special assessment for not more than thirty years from | 899 |
the first day of the year in which the special assessment is | 900 |
imposed. In the event that additional territory is added to the | 901 |
energy special improvement district, a participating political | 902 |
subdivision shall levy the special assessment with respect to such | 903 |
additional territory commencing not earlier than the date such | 904 |
territory is added and for not more than thirty years from the | 905 |
first day of the year in which the special assessment is first | 906 |
imposed. | 907 |
(C) For purposes of levying a special assessment for the | 908 |
plan, the special energy improvement projects included in the plan | 909 |
are deemed a special benefit to property owners within the energy | 910 |
special improvement district. The use of special assessments | 911 |
levied to benefit such property owners does not constitute | 912 |
expenditures made with public funds. The participating political | 913 |
subdivision shall levy the special assessment in accordance with | 914 |
Chapter 727. of the Revised Code except that: | 915 |
(1) The participating political subdivision may levy the | 916 |
assessment for each plan by any one or any combination of the | 917 |
methods of assessment listed in section 727.01 of the Revised | 918 |
Code, provided that the assessment is uniformly applied; | 919 |
(2) For purposes of levying an assessment, the participating | 920 |
political subdivision may combine one or more plans or parts of | 921 |
plans and levy a single assessment against specially benefited | 922 |
property; | 923 |
(3) For purposes of special assessments levied by a township | 924 |
under this section, references in Chapter 727. of the Revised Code | 925 |
to the municipal corporation are deemed to refer to the township, | 926 |
and references to the legislative authority of the municipal | 927 |
corporation are deemed to refer to the board of township trustees. | 928 |
(D) All applicable rights and privileges of a property owner | 929 |
that is assessed under Chapter 727. of the Revised Code are | 930 |
granted to a property owner assessed under this section, including | 931 |
those rights and privileges specified in sections 727.15 to 727.17 | 932 |
and 727.18 to 727.22 of the Revised Code and the right to notice | 933 |
of the resolution of necessity and the filing of the estimated | 934 |
assessment under section 727.13 of the Revised Code. Property | 935 |
owners assessed for public services under this section have the | 936 |
same rights and privileges as property owners assessed for public | 937 |
improvements under this section. | 938 |
Sec. 1710.25. (A) Each nonprofit corporation governing an | 939 |
energy special improvement district under sections 1710.20 to | 940 |
1710.28 of the Revised Code may do the following: | 941 |
(1) Exercise all powers of nonprofit corporations granted | 942 |
under Chapter 1702. of the Revised Code that do not conflict with | 943 |
sections 1710.20 to 1710.28 of the Revised Code; | 944 |
(2) Develop, adopt, revise, implement, and repeal plans for | 945 |
all or any part of the district; | 946 |
(3) Contract with any person, political subdivision as | 947 |
defined in section 2744.01 of the Revised Code, or state agency as | 948 |
defined in section 1.60 of the Revised Code to develop and | 949 |
implement plans for special energy improvement projects within the | 950 |
district; | 951 |
(4) Contract and pay for insurance for the district and for | 952 |
directors, officers, agents, contractors, employees, or members of | 953 |
the district for any consequences of the implementation of any | 954 |
plan adopted by the district or any actions of the district; | 955 |
(5) Act as an agent for and on behalf of a participating | 956 |
political subdivision in order to sell, transfer, lease, or convey | 957 |
any special energy improvement project owned by the political | 958 |
subdivision, provided that the legislative authority of the | 959 |
participating political subdivision determines that the project is | 960 |
not required to be exclusively owned by the political subdivision | 961 |
for its purposes, and provided that the sale is for any of the | 962 |
following purposes: | 963 |
(a) To promote the welfare of the people of such | 964 |
participating political subdivision; | 965 |
(b) To improve the quality of life and the general and | 966 |
economic well-being of the people of the participating political | 967 |
subdivision; | 968 |
(c) To better ensure the public health, safety, and welfare; | 969 |
(d) To protect water and other natural resources; | 970 |
(e) To provide for the conservation and preservation of | 971 |
natural and open areas and farmlands, including by making urban | 972 |
areas more desirable or suitable for development and | 973 |
revitalization; | 974 |
(f) To control, prevent, minimize, clean up, or mediate | 975 |
certain contamination of or pollution from lands in the state and | 976 |
water contamination or pollution; or | 977 |
(g) To provide for safe and natural areas and resources. | 978 |
The legislative authority of a participating political | 979 |
subdivision shall specify the consideration for such sale, | 980 |
transfer, lease, or conveyance and any other terms thereof. Any | 981 |
determinations made by a legislative authority of a participating | 982 |
political subdivision under division (A)(5) of this section are | 983 |
conclusive. | 984 |
(B) A participating political subdivision or a nonprofit | 985 |
corporation governing an energy special improvement district may | 986 |
make any purchase, sale, transfer, lease, or conveyance of a | 987 |
special energy improvement project without advertising, receipt of | 988 |
bids, or other competitive bidding procedures applicable to the | 989 |
participating political subdivision or the energy special | 990 |
improvement district under Chapter 153. or 735. or section 1710.11 | 991 |
of the Revised Code or other representative provisions of the | 992 |
Revised Code. | 993 |
(C) Membership on the board of directors of the district is | 994 |
not considered holding a public office. Directors and their | 995 |
designees are entitled to the immunities provided by Chapter 1702. | 996 |
and to the same immunity as an employee under division (A)(6) of | 997 |
section 2744.03 of the Revised Code, except that directors and | 998 |
their designees are not entitled to the indemnification provided | 999 |
in section 2744.07 of the Revised Code unless the director or | 1000 |
designee is an employee or official of a participating political | 1001 |
subdivision of the district and is acting within the scope of the | 1002 |
director's or designee's employment or official responsibilities. | 1003 |
District officers and district members and directors and | 1004 |
their designees or proxies are not required to file a statement | 1005 |
with the Ohio ethics commission under section 102.02 of the | 1006 |
Revised Code. All records of the district are public records under | 1007 |
section 149.43 of the Revised Code, except that records of | 1008 |
organizations contracting with a district are not public records | 1009 |
under section 149.43 or section 149.431 of the Revised Code solely | 1010 |
by reason of any contract with a district. | 1011 |
Sec. 1710.26. (A) Each owner of real property within an | 1012 |
energy special improvement district created under sections 1710.20 | 1013 |
to 1710.28 of the Revised Code is a member of the energy special | 1014 |
improvement district. The nonprofit corporation governing the | 1015 |
district shall determine the identity and address of each owner | 1016 |
for any particular action of the nonprofit corporation, including | 1017 |
notice of meetings of the district, not more than sixty days prior | 1018 |
to the date of the action, from the most current records available | 1019 |
at the county auditor's office. For purposes of this section, the | 1020 |
persons shown on such records as having common or joint ownership | 1021 |
interests in a parcel of real property collectively constitute the | 1022 |
owner of the real property. The articles of incorporation or the | 1023 |
code of regulations governing the nonprofit corporation shall | 1024 |
provide for the method by which notice for meetings of the | 1025 |
membership of the energy special improvement district is given and | 1026 |
the method for voting by the membership of the district. | 1027 |
(B) A member may file a written statement with the district's | 1028 |
secretary at least three days prior to any meeting of the entire | 1029 |
membership of the district to appoint a proxy to carry out the | 1030 |
member's rights and responsibilities under sections 1710.20 to | 1031 |
1710.28 of the Revised Code at that meeting. | 1032 |
(C) A member also may appoint a designee to carry out the | 1033 |
member's rights and responsibilities under sections 1710.20 to | 1034 |
1710.28 of the Revised Code by filing a written designation form | 1035 |
with the district's secretary. This form shall include the name | 1036 |
and address of the member, the name and address of the designee, | 1037 |
and the expiration date, if any, of the designation and may | 1038 |
authorize the designee to vote at any meeting of the district. | 1039 |
(D) A proxy or designee need not be an elector or resident of | 1040 |
any participating political subdivision of the district or a | 1041 |
member of the district. A member may change the appointment of a | 1042 |
proxy or a designee by filing a new form with the district's | 1043 |
secretary. The most current form filed with the secretary is the | 1044 |
valid appointment. Service of any notice upon a proxy or designee | 1045 |
at the proxy's or designee's address as shown on that form | 1046 |
satisfies any requirements for notification of the member. | 1047 |
Sec. 1710.27. The board of directors of the nonprofit | 1048 |
corporation that governs an energy special improvement district | 1049 |
created under sections 1710.20 to 1710.28 of the Revised Code may | 1050 |
add additional territory to the district upon approval of a | 1051 |
petition by one hundred per cent of the property owners of the | 1052 |
additional territory and a plan that designates at least one | 1053 |
special energy improvement project for each parcel of real | 1054 |
property and that complies with section 1710.22 of the Revised | 1055 |
Code. | 1056 |
Sec. 1710.28. A nonprofit corporation created for the | 1057 |
purpose of governing an energy special improvement district | 1058 |
created under sections 1710.20 to 1710.28 of the Revised Code may | 1059 |
be dissolved not earlier than one year following the creation of | 1060 |
the district if both of the following apply: | 1061 |
(A) The petition of property owners or the plan submitted | 1062 |
under section 1710.21 of the Revised Code authorized dissolution; | 1063 |
(B) Sufficient provisions have been made to levy and collect | 1064 |
special assessments to pay the costs of existing special energy | 1065 |
improvement projects pursuant to a written agreement with a | 1066 |
participating political subdivision. | 1067 |
Upon dissolution of a nonprofit corporation that governs an | 1068 |
energy special improvement district, the property owners shall | 1069 |
succeed to all rights and responsibilities of the nonprofit | 1070 |
corporation. | 1071 |
Sec. 1710.29. On and after the effective date of this | 1072 |
section, any energy special improvement district that, prior to | 1073 |
the effective date of this section, was created under sections | 1074 |
1710.01 to 1710.13 of the Revised Code for the purpose of | 1075 |
developing and implementing plans for special energy improvement | 1076 |
projects shall continue and shall be treated as though it was | 1077 |
created under sections 1710.20 to 1710.28 of the Revised Code. | 1078 |
Such a district shall hereafter be governed by the requirements of | 1079 |
sections 1710.20 to 1710.28 of the Revised Code. | 1080 |
Sec. 1710.30. For the purpose of developing and implementing | 1081 |
plans for special energy improvement projects on nonresidential | 1082 |
property, a port authority may create an energy special | 1083 |
improvement district. The port authority shall create the district | 1084 |
in accordance with sections 1710.30 to 1710.37 of the Revised Code | 1085 |
and shall ensure that all of the following apply to the district: | 1086 |
(A) The district is governed either by the board of directors | 1087 |
of the port authority or a nonprofit corporation organized under | 1088 |
Chapter 1702. of the Revised Code acting through its board of | 1089 |
directors. | 1090 |
(B) The territory comprising the district is within the | 1091 |
jurisdiction of the port authority, but may include territory | 1092 |
within the boundaries of any one municipal corporation, any one | 1093 |
township, or any combination of contiguous or noncontiguous | 1094 |
municipal corporations or townships. | 1095 |
(C) At least one special energy improvement project is | 1096 |
designated for each parcel of real property within the district. | 1097 |
Sec. 1710.31. In order to create an energy special | 1098 |
improvement district under sections 1710.30 to 1710.37 of the | 1099 |
Revised Code, the person or persons proposing the creation of the | 1100 |
district shall submit to the board of directors of a port | 1101 |
authority that has jurisdiction over the territory in which the | 1102 |
proposed energy special improvement district is to be located both | 1103 |
of the following: | 1104 |
(A) A written plan for special energy improvement projects | 1105 |
created in accordance with section 1710.32 of the Revised Code; | 1106 |
(B) A petition for the creation of the district signed by one | 1107 |
hundred per cent of the property owners within the proposed | 1108 |
district. | 1109 |
For purposes of compliance with division (B) of this section, | 1110 |
the person or persons proposing creation of the district shall | 1111 |
show the area of the district and the ownership of each parcel of | 1112 |
property of the proposed district by reference to records that | 1113 |
were available from each county recorder's office not more than | 1114 |
sixty days prior to the submission of the petition. A petition | 1115 |
submitted under division (B) of this section is in furtherance of | 1116 |
the purposes set forth in Section 2o of Article VIII, Ohio | 1117 |
Constitution. | 1118 |
Sec. 1710.32. (A) The person or persons proposing the | 1119 |
creation of an energy special improvement district under sections | 1120 |
1710.30 to 1710.37 of the Revised Code shall ensure that the plan | 1121 |
required under section 1710.31 of the Revised Code includes both | 1122 |
of the following: | 1123 |
(1) A description of the proposed special energy improvement | 1124 |
project or projects, including the cost of the proposed project or | 1125 |
projects and a statement of which property or properties each | 1126 |
project will benefit. The person or persons shall designate at | 1127 |
least one special energy improvement project for each parcel of | 1128 |
real property within the proposed district. | 1129 |
(2) The method of assessment to be used and the time period | 1130 |
during which the assessment will be levied. | 1131 |
(B) The person or persons proposing the creation of an energy | 1132 |
special improvement district under sections 1710.30 to 1710.37 of | 1133 |
the Revised Code may include in the plan submitted under section | 1134 |
1710.31 of the Revised Code provisions for the following: | 1135 |
(1) Creating and operating the district and the nonprofit | 1136 |
corporation, including hiring employees and professional services, | 1137 |
contracting for insurance, and purchasing or leasing office space | 1138 |
and office equipment and other requirements of the district; | 1139 |
(2) Planning, designing, and implementing a plan, and paying | 1140 |
the cost of any action taken in furtherance of the plan, including | 1141 |
hiring architectural, engineering, legal, appraisal, insurance, | 1142 |
consulting, energy auditing, and planning services; | 1143 |
(3) Conducting court proceedings to carry out sections | 1144 |
1710.30 to 1710.37 of the Revised Code; | 1145 |
(4) Paying damages resulting from the provision of public | 1146 |
improvements or public services and implementing a plan; | 1147 |
(5) Paying the costs of issuing, paying interest on, and | 1148 |
redeeming or refunding notes and bonds issued for the purpose of | 1149 |
funding a plan; | 1150 |
(6) Sale, lease, lease with an option to purchase, conveyance | 1151 |
of other interests in, or other contracts for the acquisition, | 1152 |
construction, maintenance, repair, furnishing, equipping, | 1153 |
operation, or improvement of any special energy improvement | 1154 |
project by the energy special improvement district, between a | 1155 |
participating political subdivision and the district, and between | 1156 |
the district and any owner of real property in the district on | 1157 |
which a special energy improvement project has been acquired, | 1158 |
installed, equipped, or improved; | 1159 |
(7) Aggregating the renewable energy credits generated by one | 1160 |
or more special energy improvement projects within a district, | 1161 |
upon the consent of the owners of the credits and for the purpose | 1162 |
of negotiating and completing the sale of such credits; | 1163 |
(8) The addition of territory to the energy special | 1164 |
improvement district; | 1165 |
(9) Any other actions necessary to form, operate, or organize | 1166 |
the energy special improvement district and, if applicable, the | 1167 |
nonprofit corporation that will govern the energy special | 1168 |
improvement district. | 1169 |
Sec. 1710.33. (A)(1) The board of directors of a port | 1170 |
authority with which a petition and plan are filed under section | 1171 |
1710.31 of the Revised Code may approve or disapprove of the plan | 1172 |
and petition. If the board approves of the petition and plan, the | 1173 |
board shall create an energy special improvement district. The | 1174 |
board of directors of the port authority also shall determine | 1175 |
whether the board will govern the district or whether the board | 1176 |
will create a nonprofit corporation to govern the district. | 1177 |
(2) If the board of directors of the port authority will | 1178 |
govern the energy special improvement district, the board shall | 1179 |
prepare bylaws for the energy special improvement district that | 1180 |
include all of the following: | 1181 |
(a) The name of the district; | 1182 |
(b) A description of the territory within the district, which | 1183 |
may include all or part of a municipal corporation or township | 1184 |
within the jurisdiction of the port authority; | 1185 |
(c) Procedures and requirements governing meetings on special | 1186 |
energy improvement projects, including procedures governing the | 1187 |
provision of notice regarding such meetings; | 1188 |
(d) A provision governing the addition of territory to the | 1189 |
district; | 1190 |
(e) Provisions for the operation of the district, hiring | 1191 |
employees and professional services, contracting for insurance, | 1192 |
purchasing and leasing office space and office equipment, and | 1193 |
other actions necessary to form, operate, or organize the | 1194 |
district. | 1195 |
(B) If the board of directors of the port authority creates a | 1196 |
nonprofit corporation for the purpose of governing the energy | 1197 |
special improvement district, the board shall prepare articles of | 1198 |
incorporation for the nonprofit corporation. The board shall | 1199 |
ensure that in addition to meeting the requirements for articles | 1200 |
of incorporation set forth in Chapter 1702. of the Revised Code, | 1201 |
the articles of incorporation provide all of the following: | 1202 |
(1) The name for the district; | 1203 |
(2) A description of the territory within the district, which | 1204 |
may be all or part of each participating political subdivision; | 1205 |
(3) A description of the procedure by which the articles of | 1206 |
incorporation may be amended; | 1207 |
(4) The reasons for creating the district and an explanation | 1208 |
of how the district will be conducive to the public health, | 1209 |
safety, peace, convenience, and welfare of the district. | 1210 |
(C) The board of directors of the port authority shall | 1211 |
provide notice to the property owners that submitted the petition | 1212 |
and plan under section 1710.31 of the Revised Code and any | 1213 |
participating political subdivision that is located within the | 1214 |
energy special improvement district of the approval of the | 1215 |
petition and the plan and the creation of an energy special | 1216 |
improvement district. Along with the notice, the board shall | 1217 |
provide the approved petition, the approved plan, and either the | 1218 |
bylaws or the bylaws and the articles of incorporation, as | 1219 |
applicable, that will dictate the governance of the district. The | 1220 |
board shall include with the notice to the participating political | 1221 |
subdivisions a statement of the responsibilities each | 1222 |
participating political subdivision will assume if the political | 1223 |
subdivision approves the petition and the plan. | 1224 |
Sec. 1710.34. (A) Each participating political subdivision | 1225 |
that receives notice of the creation of an energy special | 1226 |
improvement district under section 1710.34 of the Revised Code has | 1227 |
sixty days to approve or disapprove, by resolution, the petition | 1228 |
by the property owners, the plan for special energy improvement | 1229 |
projects, and either the bylaws or the bylaws and the articles of | 1230 |
incorporation, as applicable, that dictate the governance of the | 1231 |
district. A copy of that resolution shall be filed in the | 1232 |
secretary of state's office. | 1233 |
This division does not prohibit or restrict the rights of | 1234 |
municipal corporations under Article XVIII of the Ohio | 1235 |
Constitution or the right of the municipal legislative authority | 1236 |
to impose reasonable conditions in a resolution of approval. The | 1237 |
acquisition, installation, equipping, and improvement of a special | 1238 |
energy improvement project under this section shall not supersede | 1239 |
any local zoning, environmental, or similar law or regulation. | 1240 |
(B) If a participating political subdivision approves the | 1241 |
petition, the plan, and either the bylaws or the bylaws and the | 1242 |
articles of incorporation, as applicable, the participating | 1243 |
political subdivision shall levy a special assessment on all real | 1244 |
property in the energy special improvement district that is | 1245 |
located within its boundaries to pay for the costs of the plan. | 1246 |
The participating political subdivision shall levy the special | 1247 |
assessment for not more than thirty years from the first day of | 1248 |
the year in which the special assessment is first imposed. In the | 1249 |
event that additional territory is added to the energy special | 1250 |
improvement district, a participating political subdivision shall | 1251 |
levy the special assessment with respect to such additional | 1252 |
territory commencing not earlier than the date such territory is | 1253 |
added and for not more than thirty years from the first day of the | 1254 |
year in which the special assessment is first imposed. | 1255 |
(C) For purposes of levying a special assessment for the | 1256 |
plan, the special energy improvement projects included in the plan | 1257 |
are deemed a special benefit to property owners within the energy | 1258 |
special improvement district. The use of special assessments | 1259 |
levied to benefit such property owners does not constitute | 1260 |
expenditures made with public funds. The participating political | 1261 |
subdivision shall levy the special assessment in accordance with | 1262 |
Chapter 727. of the Revised Code except that: | 1263 |
(1) The participating political subdivision may levy the | 1264 |
assessment for each plan by any one or any combination of the | 1265 |
methods of assessment listed in section 727.01 of the Revised | 1266 |
Code, provided that the assessment is uniformly applied; | 1267 |
(2) For purposes of levying an assessment, the participating | 1268 |
political subdivision may combine one or more plans or parts of | 1269 |
plans and levy a single assessment against specially benefited | 1270 |
property; | 1271 |
(3) For purposes of special assessments levied by a township | 1272 |
under this section, references in Chapter 727. of the Revised Code | 1273 |
to the municipal corporation are deemed to refer to the township, | 1274 |
and references to the legislative authority of the municipal | 1275 |
corporation are deemed to refer to the board of township trustees. | 1276 |
(D) All applicable rights and privileges of a property owner | 1277 |
that is assessed under Chapter 727. of the Revised Code are | 1278 |
granted to a property owner assessed under this section, including | 1279 |
those rights and privileges specified in sections 727.15 to 727.17 | 1280 |
and 727.18 to 727.22 of the Revised Code and the right to notice | 1281 |
of the resolution of necessity and the filing of the estimated | 1282 |
assessment under section 727.13 of the Revised Code. Property | 1283 |
owners assessed for public services under this section have the | 1284 |
same rights and privileges as property owners assessed for public | 1285 |
improvements under this section. | 1286 |
Sec. 1710.35. (A) Each nonprofit corporation or port | 1287 |
authority governing an energy special improvement district under | 1288 |
sections 1710.30 to 1710.37 of the Revised Code may do the | 1289 |
following: | 1290 |
(1) Develop, adopt, revise, implement, and repeal plans for | 1291 |
all or any part of the district; | 1292 |
(2) Contract with any person, political subdivision as | 1293 |
defined in section 2744.01 of the Revised Code, or state agency as | 1294 |
defined in section 1.60 of the Revised Code to develop and | 1295 |
implement plans for special energy improvement projects within the | 1296 |
district; | 1297 |
(3) Contract and pay for insurance for the district and for | 1298 |
directors, officers, agents, contractors, employees, or members of | 1299 |
the district for any consequences of the implementation of any | 1300 |
plan adopted by the district or any actions of the district; | 1301 |
(4) Act as an agent for and on behalf of a participating | 1302 |
political subdivision in order to sell, transfer, lease, or convey | 1303 |
any special energy improvement project owned by the political | 1304 |
subdivision, provided that the legislative authority of the | 1305 |
participating political subdivision determines that the project is | 1306 |
not required to be exclusively owned by the political subdivision | 1307 |
for its purposes, and provided that the sale is for any of the | 1308 |
following purposes: | 1309 |
(a) To promote the welfare of the people of such | 1310 |
participating political subdivision; | 1311 |
(b) To improve the quality of life and the general and | 1312 |
economic well-being of the people of the participating political | 1313 |
subdivision; | 1314 |
(c) To better ensure the public health, safety, and welfare; | 1315 |
(d) To protect water and other natural resources; | 1316 |
(e) To provide for the conservation and preservation of | 1317 |
natural and open areas and farmlands, including by making urban | 1318 |
areas more desirable or suitable for development and | 1319 |
revitalization; | 1320 |
(f) To control, prevent, minimize, clean up, or mediate | 1321 |
certain contamination of or pollution from lands in the state and | 1322 |
water contamination or pollution; or | 1323 |
(g) To provide for safe and natural areas and resources. | 1324 |
The legislative authority of a participating political | 1325 |
subdivision shall specify the consideration for such sale, | 1326 |
transfer, lease, or conveyance and any other terms thereof. Any | 1327 |
determinations made by a legislative authority of a participating | 1328 |
political subdivision under division (A)(4) of this section are | 1329 |
conclusive. | 1330 |
(B) In addition to the actions authorized under division (A) | 1331 |
of this section, a nonprofit corporation governing an energy | 1332 |
special improvement district under sections 1710.30 to 1710.37 of | 1333 |
the Revised Code may exercise all powers of nonprofit corporations | 1334 |
granted under Chapter 1702. of the Revised Code, and a port | 1335 |
authority governing an energy special improvement district under | 1336 |
sections 1710.30 to 1710.37 of the Revised Code may exercise all | 1337 |
applicable powers of port authorities granted under Chapter 4582. | 1338 |
of the Revised Code that do not conflict with sections 1710.30 to | 1339 |
1710.37 of the Revised Code. | 1340 |
(C) A participating political subdivision, or a nonprofit | 1341 |
corporation or port authority governing an energy special | 1342 |
improvement district, may make any purchase, sale, transfer, | 1343 |
lease, or conveyance of a special energy improvement project | 1344 |
without advertising, receipt of bids, or other competitive bidding | 1345 |
procedures applicable to the participating political subdivision | 1346 |
or the energy special improvement district under Chapter 153. or | 1347 |
735. or section 1710.11 of the Revised Code or other | 1348 |
representative provisions of the Revised Code. | 1349 |
(D) Membership on the board of directors of the district is | 1350 |
not considered holding a public office. Directors and their | 1351 |
designees are entitled to the immunities provided by Chapter 1702. | 1352 |
and to the same immunity as an employee under division (A)(6) of | 1353 |
section 2744.03 of the Revised Code, except that directors and | 1354 |
their designees are not entitled to the indemnification provided | 1355 |
in section 2744.07 of the Revised Code unless the director or | 1356 |
designee is an employee or official of a participating political | 1357 |
subdivision of the district and is acting within the scope of the | 1358 |
director's or designee's employment or official responsibilities. | 1359 |
District officers and district members and directors and | 1360 |
their designees or proxies are not required to file a statement | 1361 |
with the Ohio ethics commission under section 102.02 of the | 1362 |
Revised Code. All records of the district are public records under | 1363 |
section 149.43 of the Revised Code, except that records of | 1364 |
organizations contracting with a district are not public records | 1365 |
under section 149.43 or section 149.431 of the Revised Code solely | 1366 |
by reason of any contract with a district. | 1367 |
Sec. 1710.36. (A) Each owner of real property within an | 1368 |
energy special improvement district created under sections 1710.30 | 1369 |
to 1710.37 of the Revised Code is a member of the energy special | 1370 |
improvement district. The port authority or nonprofit corporation | 1371 |
governing the district shall determine the identity and address of | 1372 |
each owner for any particular action of the port authority or | 1373 |
nonprofit corporation, including notice of meetings of the | 1374 |
district, not more than sixty days prior to the date of the | 1375 |
action, from the most current records available at the county | 1376 |
auditor's office. For purposes of this section, the persons shown | 1377 |
on such records as having common or joint ownership interests in a | 1378 |
parcel of real property collectively constitute the owner of the | 1379 |
real property. The articles of incorporation or the code of | 1380 |
regulations governing the nonprofit corporation, or the bylaws of | 1381 |
the energy special improvement district, shall provide for the | 1382 |
method by which notice for meetings of the membership of the | 1383 |
district is to be given and the method for voting by the | 1384 |
membership of the district. | 1385 |
(B) A member may file a written statement with the district's | 1386 |
secretary at least three days prior to any meeting of the entire | 1387 |
membership of the district to appoint a proxy to carry out the | 1388 |
member's rights and responsibilities under sections 1710.30 to | 1389 |
1710.37 of the Revised Code at that meeting. | 1390 |
(C) A member also may appoint a designee to carry out the | 1391 |
member's rights and responsibilities under sections 1710.30 to | 1392 |
1710.37 of the Revised Code by filing a written designation form | 1393 |
with the district's secretary. This form shall include the name | 1394 |
and address of the member, the name and address of the designee, | 1395 |
and the expiration date, if any, of the designation and may | 1396 |
authorize the designee to vote at any meeting of the district. | 1397 |
(D) A proxy or designee need not be an elector or resident of | 1398 |
any participating political subdivision of the district or a | 1399 |
member of the district. A member may change the appointment of a | 1400 |
proxy or a designee by filing a new form with the district's | 1401 |
secretary. The most current form filed with the secretary is the | 1402 |
valid appointment. Service of any notice upon a proxy or designee | 1403 |
at the proxy's or designee's address as shown on that form | 1404 |
satisfies any requirements for notification of the member. | 1405 |
Sec. 1710.37. The board of directors of the port authority | 1406 |
or the nonprofit corporation that governs an energy special | 1407 |
improvement district created under sections 1710.30 to 3710.37 of | 1408 |
the Revised Code may add additional territory to the district upon | 1409 |
approval of a petition by one hundred per cent of the property | 1410 |
owners of the additional territory and a plan that designates at | 1411 |
least one special energy improvement project for each parcel of | 1412 |
real property and that complies with section 1710.32 of the | 1413 |
Revised Code. | 1414 |
| 1415 |
(B) of this section, an electric distribution utility may count | 1416 |
toward its compliance with the energy efficiency and peak demand | 1417 |
reduction requirements of section 4928.66 of the Revised Code any | 1418 |
efficiency savings or reduction in demand produced by a special | 1419 |
energy improvement project located in its certified territory. | 1420 |
(B) A mercantile customer that realizes energy efficiency | 1421 |
savings or reduction in demand produced by a special energy | 1422 |
improvement project that it owns may elect to commit the savings | 1423 |
or reduction to the electric distribution utility in exchange for | 1424 |
an exemption from an energy efficiency cost recovery mechanism | 1425 |
permitted under section 4928.66 of the Revised Code, approved by | 1426 |
the public utilities commission. | 1427 |
(C) The board of directors of | 1428 |
district shall submit a quarterly report to the electric | 1429 |
distribution utility that includes, but is not limited to, both of | 1430 |
the following: | 1431 |
(1) The total number and a description of each new and | 1432 |
ongoing special energy improvement project located within the | 1433 |
energy special improvement district that produces energy | 1434 |
efficiency savings or reduction in demand; | 1435 |
(2) Any additional information that the electric distribution | 1436 |
utility needs in order to obtain credit under section 4928.66 of | 1437 |
the Revised Code for energy efficiency savings or reduction in | 1438 |
demand from such projects. | 1439 |
Sec. 4582.06. (A) A port authority created in accordance | 1440 |
with section 4582.02 of the Revised Code may: | 1441 |
(1) Acquire, construct, furnish, equip, maintain, repair, | 1442 |
sell, exchange, lease to or from, lease with an option to | 1443 |
purchase, convey other interests in, or operate real or personal | 1444 |
property, or any combination thereof, related to, useful for, or | 1445 |
in furtherance of any authorized purpose, and make charges for the | 1446 |
use of any port authority facility, which shall be not less than | 1447 |
the charges established for the same services furnished by a | 1448 |
public utility or common carrier in the jurisdiction of the | 1449 |
particular port authority; | 1450 |
(2) Straighten, deepen, and improve any canal, channel, | 1451 |
river, stream, or other water course or way that may be necessary | 1452 |
or proper in the development of the facilities of the port | 1453 |
authority; | 1454 |
(3) Issue bonds or notes for the acquisition, construction, | 1455 |
furnishing, or equipping of any real or personal property, or any | 1456 |
combination thereof, related to, useful for, or in furtherance of | 1457 |
any authorized purpose, in compliance with Chapter 133. of the | 1458 |
Revised Code, except that the bonds or notes only may be issued | 1459 |
pursuant to a vote of the electors residing within the territory | 1460 |
of the port authority. The net indebtedness incurred by a port | 1461 |
authority shall never exceed two per cent of the total value of | 1462 |
all property within the territory comprising the authority as | 1463 |
listed and assessed for taxation. | 1464 |
(4) By resolution of its board of directors, issue revenue | 1465 |
bonds beyond the limit of bonded indebtedness provided by law, for | 1466 |
the acquisition, construction, furnishing, or equipping of any | 1467 |
real or personal property, or any combination thereof, related to, | 1468 |
useful for, or in furtherance of any authorized purpose, including | 1469 |
all costs in connection with or incidental thereto. | 1470 |
The revenue bonds of the port authority shall be secured only | 1471 |
by a pledge of and a lien on the revenues of the port authority | 1472 |
derived from those loan payments, rentals, fees, charges, or other | 1473 |
revenues that are designated in the resolution, including, but not | 1474 |
limited to, any property to be acquired, constructed, furnished, | 1475 |
or equipped with the proceeds of the bond issue, after provision | 1476 |
only for the reasonable cost of operating, maintaining, and | 1477 |
repairing the property of the port authority so designated. The | 1478 |
bonds may further be secured by the covenant of the port authority | 1479 |
to maintain rates or charges that will produce revenues sufficient | 1480 |
to meet the costs of operating, maintaining, and repairing such | 1481 |
property and to meet the interest and principal requirements of | 1482 |
the bonds and to establish and maintain reserves for the foregoing | 1483 |
purposes. The board of directors, by resolution, may provide for | 1484 |
the issuance of additional revenue bonds from time to time, to be | 1485 |
secured equally and ratably, without preference, priority, or | 1486 |
distinction, with outstanding revenue bonds, but subject to the | 1487 |
terms and limitations of any trust agreement described in this | 1488 |
section, and of any resolution authorizing bonds then outstanding. | 1489 |
The board of directors, by resolution, may designate additional | 1490 |
property of the port authority, the revenues of which shall be | 1491 |
pledged and be subject to a lien for the payment of the debt | 1492 |
charges on revenue bonds theretofore authorized by resolution of | 1493 |
the board of directors, to the same extent as the revenues above | 1494 |
described. | 1495 |
In the discretion of the board of directors, the revenue | 1496 |
bonds of the port authority may be secured by a trust agreement | 1497 |
between the board of directors on behalf of the port authority and | 1498 |
a corporate trustee, that may be any trust company or bank having | 1499 |
powers of a trust company, within or without the state. | 1500 |
The trust agreement may provide for the pledge or assignment | 1501 |
of the revenues to be received, but shall not pledge the general | 1502 |
credit and taxing power of the port authority. A trust agreement | 1503 |
securing revenue bonds issued to acquire, construct, furnish, or | 1504 |
equip real property, plants, factories, offices, and other | 1505 |
structures and facilities for authorized purposes consistent with | 1506 |
Section 13 or 16 of Article VIII, Ohio Constitution, may mortgage | 1507 |
the real or personal property, or a combination thereof, to be | 1508 |
acquired, constructed, furnished, or equipped from the proceeds of | 1509 |
such revenue bonds, as further security for the bonds. The trust | 1510 |
agreement or the resolution providing for the issuance of revenue | 1511 |
bonds may set forth the rights and remedies of the bondholders and | 1512 |
trustee, and may contain other provisions for protecting and | 1513 |
enforcing their rights and remedies that are determined in the | 1514 |
discretion of the board of directors to be reasonable and proper. | 1515 |
The agreement or resolution may provide for the custody, | 1516 |
investment, and disbursement of all moneys derived from the sale | 1517 |
of such bonds, or from the revenues of the port authority, other | 1518 |
than those moneys received from taxes levied pursuant to section | 1519 |
4582.14 of the Revised Code, and may provide for the deposit of | 1520 |
such funds without regard to section 4582.15 of the Revised Code. | 1521 |
All bonds issued under authority of this chapter, regardless | 1522 |
of form or terms and regardless of any other law to the contrary, | 1523 |
shall have all qualities and incidents of negotiable instruments, | 1524 |
subject to provisions for registration, and may be issued in | 1525 |
coupon, fully registered, or other form, or any combination | 1526 |
thereof, as the board of directors determines. Provision may be | 1527 |
made for the registration of any coupon bonds as to principal | 1528 |
alone or as to both principal and interest, and for the conversion | 1529 |
into coupon bonds of any fully registered bonds or bonds | 1530 |
registered as to both principal and interest. | 1531 |
The revenue bonds shall bear interest at such rate or rates, | 1532 |
shall bear such date or dates, and shall mature within forty-five | 1533 |
years following the date of issuance and in such amount, at such | 1534 |
time or times, and in such number of installments, as may be | 1535 |
provided in or pursuant to the resolution authorizing their | 1536 |
issuance. The final maturity of any original issue of revenue | 1537 |
bonds shall not be later than forty-five years from their date of | 1538 |
issue. Such resolution also shall provide for the execution of the | 1539 |
bonds, which may be by facsimile signatures unless prohibited by | 1540 |
the resolution, and the manner of sale of the bonds. The | 1541 |
resolution shall provide for, or provide for the determination of, | 1542 |
any other terms and conditions relative to the issuance, sale, and | 1543 |
retirement of the bonds that the board of directors in its | 1544 |
discretion determines to be reasonable and proper. | 1545 |
Whenever a port authority considers it expedient, it may | 1546 |
issue renewal notes and refund any bonds, whether the bonds to be | 1547 |
refunded have or have not matured. The final maturity of any | 1548 |
notes, including any renewal notes, shall not be later than five | 1549 |
years from the date of issue of the original issue of notes. The | 1550 |
final maturity of any refunding bonds shall not be later than the | 1551 |
later of forty-five years from the date of issue of the original | 1552 |
issue of bonds. The refunding bonds shall be sold and the proceeds | 1553 |
applied to the purchase, redemption, or payment of the bonds to be | 1554 |
refunded and the costs of issuance of the refunding bonds. The | 1555 |
bonds and notes issued under this chapter, their transfer, and the | 1556 |
income therefrom, shall at all times be free from taxation within | 1557 |
the state. | 1558 |
(5) Do any of the following, in regard to any interests in | 1559 |
any real or personal property, or any combination thereof, | 1560 |
including, without limitation, machinery, equipment, plants, | 1561 |
factories, offices, and other structures and facilities related | 1562 |
to, useful for, or in furtherance of any authorized purpose, for | 1563 |
such consideration and in such manner, consistent with Article | 1564 |
VIII, Ohio Constitution, as the board in its sole discretion may | 1565 |
determine: | 1566 |
(a) Loan moneys to any person or governmental entity for the | 1567 |
acquisition, construction, furnishing, and equipping of the | 1568 |
property; | 1569 |
(b) Acquire, construct, maintain, repair, furnish, and equip | 1570 |
the property; | 1571 |
(c) Sell to, exchange with, lease, convey other interests in, | 1572 |
or lease with an option to purchase the same or any lesser | 1573 |
interest in the property to the same or any other person or | 1574 |
governmental entity; | 1575 |
(d) Guarantee the obligations of any person or governmental | 1576 |
entity. | 1577 |
A port authority may accept and hold as consideration for the | 1578 |
conveyance of property or any interest therein such property or | 1579 |
interests therein as the board in its discretion may determine, | 1580 |
notwithstanding any restrictions that apply to the investment of | 1581 |
funds by a port authority. | 1582 |
(6) Construct, maintain, repair, furnish, equip, sell, | 1583 |
exchange, lease, or lease with an option to purchase, any property | 1584 |
that it is authorized to acquire. A port authority that is subject | 1585 |
to this section also may operate any property in connection with | 1586 |
transportation, recreational, governmental operations, or cultural | 1587 |
activities. | 1588 |
(a) Any purchase, exchange, sale, lease, lease with an option | 1589 |
to purchase, conveyance of other interests in, or other contract | 1590 |
with a person or governmental entity that pertains to the | 1591 |
acquisition, construction, maintenance, repair, furnishing, | 1592 |
equipping, or operation of any real or personal property, or any | 1593 |
combination thereof, related to, useful for, or in furtherance of | 1594 |
an activity contemplated by Section 13 or 16 of Article VIII, Ohio | 1595 |
Constitution, shall be made in such manner and subject to such | 1596 |
terms and conditions as may be determined by the board of | 1597 |
directors in its discretion. | 1598 |
(b) Division (A)(6)(a) of this section applies to all | 1599 |
contracts that are subject to the division, notwithstanding any | 1600 |
other provision of law that might otherwise apply, including, | 1601 |
without limitation, any requirement of notice, any requirement of | 1602 |
competitive bidding or selection, or any requirement for the | 1603 |
provision of security. | 1604 |
(c) Divisions (A)(6)(a) and (b) of this section do not apply | 1605 |
to either of the following: | 1606 |
(i) Any contract secured by or to be paid from moneys raised | 1607 |
by taxation or the proceeds of obligations secured by a pledge of | 1608 |
moneys raised by taxation; | 1609 |
(ii) Any contract secured exclusively by or to be paid | 1610 |
exclusively from the general revenues of the port authority. For | 1611 |
the purposes of this section, any revenues derived by the port | 1612 |
authority under a lease or other agreement that, by its terms, | 1613 |
contemplates the use of amounts payable under the agreement either | 1614 |
to pay the costs of the improvement that is the subject of the | 1615 |
contract or to secure obligations of the port authority issued to | 1616 |
finance costs of such improvement, are excluded from general | 1617 |
revenues. | 1618 |
(7) Apply to the proper authorities of the United States | 1619 |
pursuant to appropriate law for the right to establish, operate, | 1620 |
and maintain foreign trade zones and to establish, operate, and | 1621 |
maintain foreign trade zones; and to acquire land or property | 1622 |
therefor, in a manner consistent with section 4582.17 of the | 1623 |
Revised Code; | 1624 |
(8) Exercise the right of eminent domain to appropriate any | 1625 |
land, rights, rights-of-way, franchises, easements, or other | 1626 |
property, necessary or proper for any authorized purpose, pursuant | 1627 |
to the procedure provided in sections 163.01 to 163.22 of the | 1628 |
Revised Code, if funds equal to the appraised value of the | 1629 |
property to be acquired as a result of such proceedings are | 1630 |
available for that purpose, except that nothing contained in | 1631 |
sections 4582.01 to 4582.20 of the Revised Code shall authorize a | 1632 |
port authority to take or disturb property or facilities belonging | 1633 |
to any agency or political subdivision of this state, public | 1634 |
utility, or common carrier, which property or facilities are | 1635 |
necessary and convenient in the operation of the agency or | 1636 |
political subdivision, public utility, or common carrier, unless | 1637 |
provision is made for the restoration, relocation, or duplication | 1638 |
of the property or facilities, or upon the election of the agency | 1639 |
or political subdivision, public utility, or common carrier, for | 1640 |
the payment of compensation, if any, at the sole cost of the port | 1641 |
authority, provided that: | 1642 |
(a) If any restoration or duplication proposed to be made | 1643 |
pursuant to this section involves a relocation of such property or | 1644 |
facilities, the new facilities and location shall be of at least | 1645 |
comparable utilitarian value and effectiveness, and the relocation | 1646 |
shall not impair the ability of the public utility or common | 1647 |
carrier to compete in its original area of operation. | 1648 |
(b) If any restoration or duplication made pursuant to this | 1649 |
section involves a relocation of such property or facilities, the | 1650 |
port authority shall acquire no interest or right in or to the | 1651 |
appropriated property or facilities, except as provided in | 1652 |
division (A)(11) of this section, until the relocated property or | 1653 |
facilities are available for use and until marketable title | 1654 |
thereto has been transferred to the public utility or common | 1655 |
carrier. | 1656 |
(c) Provisions for restoration or duplication shall be | 1657 |
described in detail in the resolution for appropriation passed by | 1658 |
the port authority. | 1659 |
(9) Enjoy and possess the same rights, privileges, and powers | 1660 |
granted municipal corporations under sections 721.04 to 721.11 of | 1661 |
the Revised Code; | 1662 |
(10) Maintain such funds as it considers necessary; | 1663 |
(11) Direct its agents or employees, when properly identified | 1664 |
in writing, and after at least five days' written notice, to enter | 1665 |
upon lands within the confines of its jurisdiction in order to | 1666 |
make surveys and examinations preliminary to location and | 1667 |
construction of works for the purposes of the port authority, | 1668 |
without liability of the port authority or its agents or employees | 1669 |
except for actual damage done; | 1670 |
(12) Sell, lease, or convey other interests in real and | 1671 |
personal property and grant easements or rights-of-way over | 1672 |
property of the port authority. The board of directors shall | 1673 |
specify the consideration and any terms thereof for the sale, | 1674 |
lease, or conveyance of other interests in real and personal | 1675 |
property. Any determinations made by the board of directors under | 1676 |
this division shall be conclusive. The sale, lease, or conveyance | 1677 |
may be made without advertising and the receipt of bids. | 1678 |
(13) Promote, advertise, and publicize the port authority | 1679 |
facilities and its authorized purposes, provide information to | 1680 |
persons with an interest in transportation and other port | 1681 |
authority activities, and appear before rate-making authorities to | 1682 |
represent and promote the interests of the port authority and its | 1683 |
authorized purposes; | 1684 |
(14) Adopt rules, not in conflict with general law, governing | 1685 |
the use of and the safeguarding of its property, grounds, | 1686 |
buildings, equipment, and facilities, safeguarding persons and | 1687 |
their property located on or in port authority property, and | 1688 |
governing the conduct of its employees and the public, in order to | 1689 |
promote the public safety and convenience in and about its | 1690 |
terminals and grounds, and to maintain order. Any such regulation | 1691 |
shall be posted at no less than five public places in the port | 1692 |
authority, as determined by the board of directors, for a period | 1693 |
of not fewer than fifteen days, and shall be available for public | 1694 |
inspection at the principal office of the port authority during | 1695 |
regular business hours. No person shall violate any lawful | 1696 |
regulation adopted and posted as provided in this division. | 1697 |
(15) Do all acts necessary or appropriate to carry out its | 1698 |
authorized purposes. The port authority shall have the powers and | 1699 |
rights granted to other subdivisions under section 9.20 of the | 1700 |
Revised Code. | 1701 |
(16) Develop and implement plans for special energy | 1702 |
improvement projects and create and govern energy special | 1703 |
improvement districts in accordance with sections 1710.30 to | 1704 |
1710.37 of the Revised Code. | 1705 |
(B) Any instrument by which real property is acquired | 1706 |
pursuant to this section shall identify the agency of the state | 1707 |
that has the use and benefit of the real property as specified in | 1708 |
section 5301.012 of the Revised Code. | 1709 |
(C) Whoever violates division (A)(14) of this section is | 1710 |
guilty of a minor misdemeanor. | 1711 |
Sec. 4582.31. (A) A port authority created in accordance | 1712 |
with section 4582.22 of the Revised Code may: | 1713 |
(1) Adopt bylaws for the regulation of its affairs and the | 1714 |
conduct of its business; | 1715 |
(2) Adopt an official seal; | 1716 |
(3) Maintain a principal office within its jurisdiction, and | 1717 |
maintain such branch offices as it may require; | 1718 |
(4) Acquire, construct, furnish, equip, maintain, repair, | 1719 |
sell, exchange, lease to or from, or lease with an option to | 1720 |
purchase, convey other interests in real or personal property, or | 1721 |
any combination thereof, related to, useful for, or in furtherance | 1722 |
of any authorized purpose and operate any property in connection | 1723 |
with transportation, recreational, governmental operations, or | 1724 |
cultural activities; | 1725 |
(5) Straighten, deepen, and improve any channel, river, | 1726 |
stream, or other water course or way which may be necessary or | 1727 |
proper in the development of the facilities of a port authority; | 1728 |
(6) Make available the use or services of any port authority | 1729 |
facility to one or more persons, one or more governmental | 1730 |
agencies, or any combination thereof; | 1731 |
(7) Issue bonds or notes for the acquisition, construction, | 1732 |
furnishing, or equipping of any port authority facility or other | 1733 |
permanent improvement that a port authority is authorized to | 1734 |
acquire, construct, furnish, or equip, in compliance with Chapter | 1735 |
133. of the Revised Code, except that such bonds or notes may only | 1736 |
be issued pursuant to a vote of the electors residing within the | 1737 |
area of jurisdiction of the port authority. The net indebtedness | 1738 |
incurred by a port authority shall never exceed two per cent of | 1739 |
the total value of all property within the territory comprising | 1740 |
the port authority as listed and assessed for taxation. | 1741 |
(8) Issue port authority revenue bonds beyond the limit of | 1742 |
bonded indebtedness provided by law, payable solely from revenues | 1743 |
as provided in section 4582.48 of the Revised Code, for the | 1744 |
purpose of providing funds to pay the costs of any port authority | 1745 |
facility or facilities or parts thereof; | 1746 |
(9) Apply to the proper authorities of the United States | 1747 |
pursuant to appropriate law for the right to establish, operate, | 1748 |
and maintain foreign trade zones and establish, operate, and | 1749 |
maintain foreign trade zones and to acquire, exchange, sell, lease | 1750 |
to or from, lease with an option to purchase, or operate | 1751 |
facilities, land, or property therefor in accordance with the | 1752 |
"Foreign Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to | 1753 |
81u; | 1754 |
(10) Enjoy and possess the same rights, privileges, and | 1755 |
powers granted municipal corporations under sections 721.04 to | 1756 |
721.11 of the Revised Code; | 1757 |
(11) Maintain such funds as it considers necessary; | 1758 |
(12) Direct its agents or employees, when properly identified | 1759 |
in writing, and after at least five days' written notice, to enter | 1760 |
upon lands within the confines of its jurisdiction in order to | 1761 |
make surveys and examinations preliminary to location and | 1762 |
construction of works for the purposes of the port authority, | 1763 |
without liability of the port authority or its agents or employees | 1764 |
except for actual damage done; | 1765 |
(13) Promote, advertise, and publicize the port authority and | 1766 |
its facilities; provide information to shippers and other | 1767 |
commercial interests; and appear before rate-making authorities to | 1768 |
represent and promote the interests of the port authority; | 1769 |
(14) Adopt rules, not in conflict with general law, it finds | 1770 |
necessary or incidental to the performance of its duties and the | 1771 |
execution of its powers under sections 4582.21 to 4582.54 of the | 1772 |
Revised Code. Any such rule shall be posted at no less than five | 1773 |
public places in the port authority, as determined by the board of | 1774 |
directors, for a period of not fewer than fifteen days, and shall | 1775 |
be available for public inspection at the principal office of the | 1776 |
port authority during regular business hours. No person shall | 1777 |
violate any lawful rule adopted and posted as provided in this | 1778 |
division. | 1779 |
(15) Do any of the following, in regard to any interests in | 1780 |
any real or personal property, or any combination thereof, | 1781 |
including, without limitation, machinery, equipment, plants, | 1782 |
factories, offices, and other structures and facilities related | 1783 |
to, useful for, or in furtherance of any authorized purpose, for | 1784 |
such consideration and in such manner, consistent with Article | 1785 |
VIII of the Ohio Constitution, as the board in its sole discretion | 1786 |
may determine: | 1787 |
(a) Loan moneys to any person or governmental entity for the | 1788 |
acquisition, construction, furnishing, and equipping of the | 1789 |
property; | 1790 |
(b) Acquire, construct, maintain, repair, furnish, and equip | 1791 |
the property; | 1792 |
(c) Sell to, exchange with, lease, convey other interests in, | 1793 |
or lease with an option to purchase the same or any lesser | 1794 |
interest in the property to the same or any other person or | 1795 |
governmental entity; | 1796 |
(d) Guarantee the obligations of any person or governmental | 1797 |
entity. | 1798 |
A port authority may accept and hold as consideration for the | 1799 |
conveyance of property or any interest therein such property or | 1800 |
interests therein as the board in its discretion may determine, | 1801 |
notwithstanding any restrictions that apply to the investment of | 1802 |
funds by a port authority. | 1803 |
(16) Sell, lease, or convey other interests in real and | 1804 |
personal property, and grant easements or rights-of-way over | 1805 |
property of the port authority. The board of directors shall | 1806 |
specify the consideration and any terms for the sale, lease, or | 1807 |
conveyance of other interests in real and personal property. Any | 1808 |
determination made by the board under this division shall be | 1809 |
conclusive. The sale, lease, or conveyance may be made without | 1810 |
advertising and the receipt of bids. | 1811 |
(17) Exercise the right of eminent domain to appropriate any | 1812 |
land, rights, rights-of-way, franchises, easements, or other | 1813 |
property, necessary or proper for any authorized purpose, pursuant | 1814 |
to the procedure provided in sections 163.01 to 163.22 of the | 1815 |
Revised Code, if funds equal to the appraised value of the | 1816 |
property to be acquired as a result of such proceedings are | 1817 |
available for that purpose. However, nothing contained in sections | 1818 |
4582.201 to 4582.59 of the Revised Code shall authorize a port | 1819 |
authority to take or disturb property or facilities belonging to | 1820 |
any agency or political subdivision of this state, public utility, | 1821 |
cable operator, or common carrier, which property or facilities | 1822 |
are necessary and convenient in the operation of the agency or | 1823 |
political subdivision, public utility, cable operator, or common | 1824 |
carrier, unless provision is made for the restoration, relocation, | 1825 |
or duplication of such property or facilities, or upon the | 1826 |
election of the agency or political subdivision, public utility, | 1827 |
cable operator, or common carrier, for the payment of | 1828 |
compensation, if any, at the sole cost of the port authority, | 1829 |
provided that: | 1830 |
(a) If any restoration or duplication proposed to be made | 1831 |
under this section involves a relocation of the property or | 1832 |
facilities, the new facilities and location shall be of at least | 1833 |
comparable utilitarian value and effectiveness and shall not | 1834 |
impair the ability of the public utility, cable operator, or | 1835 |
common carrier to compete in its original area of operation; | 1836 |
(b) If any restoration or duplication made under this section | 1837 |
involves a relocation of the property or facilities, the port | 1838 |
authority shall acquire no interest or right in or to the | 1839 |
appropriated property or facilities, except as provided in | 1840 |
division (A)(15) of this section, until the relocated property or | 1841 |
facilities are available for use and until marketable title | 1842 |
thereto has been transferred to the public utility, cable | 1843 |
operator, or common carrier. | 1844 |
As used in division (A)(17) of this section, "cable operator" | 1845 |
has the same meaning as in the "Cable Communications Policy Act of | 1846 |
1984," Pub. L. No. 98-549, 98 Stat. 2780, 47 U.S.C. 522, as | 1847 |
amended by the "Telecommunications Act of 1996," Pub. L. No. | 1848 |
104-104, 110 Stat. 56. | 1849 |
(18)(a) Make and enter into all contracts and agreements and | 1850 |
execute all instruments necessary or incidental to the performance | 1851 |
of its duties and the execution of its powers under sections | 1852 |
4582.21 to 4582.59 of the Revised Code. | 1853 |
(b)(i) Except as provided in division (A)(18)(c) of this | 1854 |
section or except when the port authority elects to construct a | 1855 |
building, structure, or other improvement pursuant to a contract | 1856 |
made with a construction manager at risk under sections 9.33 to | 1857 |
9.335 of the Revised Code or with a design-build firm under | 1858 |
section 153.65 to 153.73 of the Revised Code, when the cost of a | 1859 |
contract for the construction of any building, structure, or other | 1860 |
improvement undertaken by a port authority involves an expenditure | 1861 |
exceeding the higher of one hundred thousand dollars or the amount | 1862 |
as adjusted under division (A)(18)(b)(ii) of this section, and the | 1863 |
port authority is the contracting entity, the port authority shall | 1864 |
make a written contract after notice calling for bids for the | 1865 |
award of the contract has been given by publication twice, with at | 1866 |
least seven days between publications, in a newspaper of general | 1867 |
circulation in the area of the port authority or as provided in | 1868 |
section 7.16 of the Revised Code. Each such contract shall be let | 1869 |
to the lowest responsive and responsible bidder in accordance with | 1870 |
section 9.312 of the Revised Code. Every contract shall be | 1871 |
accompanied by or shall refer to plans and specifications for the | 1872 |
work to be done, prepared for and approved by the port authority, | 1873 |
signed by an authorized officer of the port authority and by the | 1874 |
contractor, and shall be executed in triplicate. | 1875 |
Each bid shall be awarded in accordance with sections 153.54, | 1876 |
153.57, and 153.571 of the Revised Code. The port authority may | 1877 |
reject any and all bids. | 1878 |
(ii) On January 1, 2012, and the first day of January of | 1879 |
every even-numbered year thereafter, the director of commerce | 1880 |
shall adjust the threshold level for contracts subject to the | 1881 |
bidding requirements contained in division (A)(18)(b)(i) of this | 1882 |
section. The director shall adjust this amount according to the | 1883 |
average increase for each of the two years immediately preceding | 1884 |
the adjustment as set forth in the producer price index for | 1885 |
material and supply inputs for new nonresidential construction as | 1886 |
determined by the bureau of labor statistics of the United States | 1887 |
department of labor or, if that index no longer is published, a | 1888 |
generally available comparable index. If there is no resulting | 1889 |
increase, the threshold shall remain the same until the next | 1890 |
scheduled adjustment on the first day of January of the next | 1891 |
even-numbered year. | 1892 |
(c) The board of directors by rule may provide criteria for | 1893 |
the negotiation and award without competitive bidding of any | 1894 |
contract as to which the port authority is the contracting entity | 1895 |
for the construction of any building or structure or other | 1896 |
improvement under any of the following circumstances: | 1897 |
(i) There exists a real and present emergency that threatens | 1898 |
damage or injury to persons or property of the port authority or | 1899 |
other persons, provided that a statement specifying the nature of | 1900 |
the emergency that is the basis for the negotiation and award of a | 1901 |
contract without competitive bidding shall be signed by the | 1902 |
officer of the port authority that executes that contract at the | 1903 |
time of the contract's execution and shall be attached to the | 1904 |
contract. | 1905 |
(ii) A commonly recognized industry or other standard or | 1906 |
specification does not exist and cannot objectively be articulated | 1907 |
for the improvement. | 1908 |
(iii) The contract is for any energy conservation measure as | 1909 |
defined in section 307.041 of the Revised Code. | 1910 |
(iv) With respect to material to be incorporated into the | 1911 |
improvement, only a single source or supplier exists for the | 1912 |
material. | 1913 |
(v) A single bid is received by the port authority after | 1914 |
complying with the provisions of division (A)(18)(b) of this | 1915 |
section. | 1916 |
(d)(i) If a contract is to be negotiated and awarded without | 1917 |
competitive bidding for the reason set forth in division | 1918 |
(A)(18)(c)(ii) of this section, the port authority shall publish a | 1919 |
notice calling for technical proposals twice, with at least seven | 1920 |
days between publications, in a newspaper of general circulation | 1921 |
in the area of the port authority or as provided in section 7.16 | 1922 |
of the Revised Code. After receipt of the technical proposals, the | 1923 |
port authority may negotiate with and award a contract for the | 1924 |
improvement to the proposer making the proposal considered to be | 1925 |
the most advantageous to the port authority. | 1926 |
(ii) If a contract is to be negotiated and awarded without | 1927 |
competitive bidding for the reason set forth in division | 1928 |
(A)(18)(c)(iv) of this section, any construction activities | 1929 |
related to the incorporation of the material into the improvement | 1930 |
also may be provided without competitive bidding by the source or | 1931 |
supplier of that material. | 1932 |
(e)(i) Any purchase, exchange, sale, lease, lease with an | 1933 |
option to purchase, conveyance of other interests in, or other | 1934 |
contract with a person or governmental entity that pertains to the | 1935 |
acquisition, construction, maintenance, repair, furnishing, | 1936 |
equipping, or operation of any real or personal property, or any | 1937 |
combination thereof, related to, useful for, or in furtherance of | 1938 |
an activity contemplated by Section 13 or 16 of Article VIII, Ohio | 1939 |
Constitution, shall be made in such manner and subject to such | 1940 |
terms and conditions as may be determined by the board of | 1941 |
directors in its discretion. | 1942 |
(ii) Division (A)(18)(e)(i) of this section applies to all | 1943 |
contracts that are subject to the division, notwithstanding any | 1944 |
other provision of law that might otherwise apply, including, | 1945 |
without limitation, any requirement of notice, any requirement of | 1946 |
competitive bidding or selection, or any requirement for the | 1947 |
provision of security. | 1948 |
(iii) Divisions (A)(18)(e)(i) and (ii) of this section do not | 1949 |
apply to either of the following: any contract secured by or to be | 1950 |
paid from moneys raised by taxation or the proceeds of obligations | 1951 |
secured by a pledge of moneys raised by taxation; or any contract | 1952 |
secured exclusively by or to be paid exclusively from the general | 1953 |
revenues of the port authority. For the purposes of this section, | 1954 |
any revenues derived by the port authority under a lease or other | 1955 |
agreement that, by its terms, contemplates the use of amounts | 1956 |
payable under the agreement either to pay the costs of the | 1957 |
improvement that is the subject of the contract or to secure | 1958 |
obligations of the port authority issued to finance costs of such | 1959 |
improvement, are excluded from general revenues. | 1960 |
(19) Employ managers, superintendents, and other employees | 1961 |
and retain or contract with consulting engineers, financial | 1962 |
consultants, accounting experts, architects, attorneys, and any | 1963 |
other consultants and independent contractors as are necessary in | 1964 |
its judgment to carry out this chapter, and fix the compensation | 1965 |
thereof. All expenses thereof shall be payable from any available | 1966 |
funds of the port authority or from funds appropriated for that | 1967 |
purpose by a political subdivision creating or participating in | 1968 |
the creation of the port authority. | 1969 |
(20) Receive and accept from any state or federal agency | 1970 |
grants and loans for or in aid of the construction of any port | 1971 |
authority facility or for research and development with respect to | 1972 |
port authority facilities, and receive and accept aid or | 1973 |
contributions from any source of money, property, labor, or other | 1974 |
things of value, to be held, used, and applied only for the | 1975 |
purposes for which the grants and contributions are made; | 1976 |
(21) Engage in research and development with respect to port | 1977 |
authority facilities; | 1978 |
(22) Purchase fire and extended coverage and liability | 1979 |
insurance for any port authority facility and for the principal | 1980 |
office and branch offices of the port authority, insurance | 1981 |
protecting the port authority and its officers and employees | 1982 |
against liability for damage to property or injury to or death of | 1983 |
persons arising from its operations, and any other insurance the | 1984 |
port authority may agree to provide under any resolution | 1985 |
authorizing its port authority revenue bonds or in any trust | 1986 |
agreement securing the same; | 1987 |
(23) Charge, alter, and collect rentals and other charges for | 1988 |
the use or services of any port authority facility as provided in | 1989 |
section 4582.43 of the Revised Code; | 1990 |
(24) Provide coverage for its employees under Chapters 145., | 1991 |
4123., and 4141. of the Revised Code; | 1992 |
(25) Do all acts necessary or proper to carry out the powers | 1993 |
expressly granted in sections 4582.21 to 4582.59 of the Revised | 1994 |
Code. | 1995 |
(26) Develop and implement plans for special energy | 1996 |
improvement projects and create and govern energy special | 1997 |
improvement districts in accordance with sections 1710.30 to | 1998 |
1710.37 of the Revised Code. | 1999 |
(B) Any instrument by which real property is acquired | 2000 |
pursuant to this section shall identify the agency of the state | 2001 |
that has the use and benefit of the real property as specified in | 2002 |
section 5301.012 of the Revised Code. | 2003 |
(C) Whoever violates division (A)(14) of this section is | 2004 |
guilty of a minor misdemeanor. | 2005 |
Section 2. That existing sections 1710.01, 1710.02, | 2006 |
1710.021, 1710.03, 1710.04, 1710.05, 1710.06, 1710.061, 1710.07, | 2007 |
1710.11, 1710.12, 1710.13, 4582.06, and 4582.31 of the Revised | 2008 |
Code are hereby repealed. | 2009 |