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As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. S. B. No. 62 |
SENATORS BLESSING-SHOEMAKER-GAETH-GARDNER-SWEENEY-DRAKE-
KEARNS-B. JOHNSON-NEIN-LATTA-SCHAFRATH-OELSLAGER-WATTS-
FINAN-ZALESKI
A BILL
To enact sections 9.48 and 133.151 of the Revised Code to authorize a county
or township to participate in contracts of other counties or townships, or in
joint purchasing programs of a national or state association of political
subdivisions, for the acquisition of equipment, materials, supplies, or
services, and
to authorize counties or townships to issue self-supporting securities for the
purpose of paying the costs of their own and other counties' or townships'
permanent improvements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.48 and 133.151 of the Revised Code be enacted to
read as follows:
Sec. 9.48. A COUNTY OR TOWNSHIP MAY DO EITHER OF THE FOLLOWING:
(A) PERMIT ONE OR MORE OTHER
COUNTIES OR TOWNSHIPS TO PARTICIPATE IN CONTRACTS INTO WHICH IT
HAS ENTERED FOR THE ACQUISITION OF EQUIPMENT, MATERIALS,
SUPPLIES, OR SERVICES, AND MAY CHARGE SUCH PARTICIPATING
COUNTIES OR TOWNSHIPS A REASONABLE FEE TO COVER ANY ADDITIONAL COSTS
INCURRED AS A RESULT OF THEIR PARTICIPATION;
(B) PARTICIPATE IN A JOINT PURCHASING PROGRAM OPERATED BY OR
THROUGH
A
NATIONAL OR STATE ASSOCIATION OF POLITICAL SUBDIVISIONS IN WHICH THE
PURCHASING COUNTY OR TOWNSHIP IS ELIGIBLE FOR MEMBERSHIP.
ACQUISITION BY A
COUNTY OR TOWNSHIP OF EQUIPMENT, MATERIAL, SUPPLIES, OR
SERVICES, THROUGH PARTICIPATION IN A CONTRACT OF ANOTHER
COUNTY OR TOWNSHIP OR PARTICIPATION IN AN ASSOCIATION PROGRAM UNDER THIS
SECTION, IS EXEMPT FROM ANY
COMPETITIVE SELECTION REQUIREMENTS OTHERWISE REQUIRED BY LAW, IF
THE CONTRACT IN WHICH IT IS PARTICIPATING WAS AWARDED PURSUANT
TO A COMPETITIVE SELECTION PROCEDURE, AND, IN THE CASE OF PARTICIPATION IN A
JOINT PURCHASING PROGRAM OPERATED BY OR THROUGH A NATIONAL OR STATE
ASSOCIATION OF POLITICAL SUBDIVISIONS, IF THE PROGRAM HAS EMPLOYED A
COMPETITIVE SELECTION PROCEDURE SUBSTANTIALLY SIMILAR TO THE PROCEDURE THAT
WOULD HAVE BEEN REQUIRED OF THE PURCHASING COUNTY OR TOWNSHIP ACTING ALONE.
NO COUNTY OR TOWNSHIP SHALL ACQUIRE EQUIPMENT, MATERIALS, SUPPLIES, OR
SERVICES BY PARTICIPATING IN A CONTRACT UNDER THIS SECTION IF IT HAS
RECEIVED BIDS FOR SUCH ACQUISITION, UNLESS ITS PARTICIPATION
ENABLES IT TO MAKE THE ACQUISITION UPON THE SAME TERMS,
CONDITIONS, AND SPECIFICATIONS AT A LOWER PRICE.
Sec. 133.151. (A) A COUNTY OR TOWNSHIP MAY ISSUE SELF-SUPPORTING
SECURITIES FOR EITHER OR BOTH OF THE FOLLOWING PURPOSES:
(1) PAYING THE COSTS OF ANY PERMANENT IMPROVEMENTS THAT
IT IS AUTHORIZED TO ACQUIRE, IMPROVE, OR CONSTRUCT;
(2) MAKING LOANS OR OTHERWISE PROVIDING FINANCIAL ASSISTANCE TO ONE OR
MORE COUNTIES OR TOWNSHIPS TO ASSIST SUCH OTHER COUNTIES OR TOWNSHIPS
IN PAYING THE COSTS OF PERMANENT IMPROVEMENTS.
(B) SELF-SUPPORTING SECURITIES ISSUED UNDER THIS SECTION SHALL
NOT BE GENERAL OBLIGATIONS OF THE ISSUER, BUT SHALL BE SECURED BY
ANY OF THE FOLLOWING:
(1) A PLEDGE OF AND A LIEN UPON THE REVENUES OF THE ISSUER, DERIVED FROM
OWNERSHIP OR OPERATION OF THE PERMANENT IMPROVEMENTS, INCLUDING THOSE
RATES, CHARGES, OR RENTS AND ANY INTEREST SUBSIDIES OR DEBT
CHARGES, GRANTS, OR OTHER PAYMENTS BY FEDERAL OR STATE AGENCIES
THEREFOR, AND THE COVENANTS OF THE ISSUER TO MAINTAIN SUFFICIENT
RATES, CHARGES, AND RENTALS TO PRODUCE REVENUES SUFFICIENT TO
PAY ALL CURRENT EXPENSES OF THE PERMANENT IMPROVEMENTS PAYABLE
BY THE ISSUER, AND TO PAY DEBT SERVICE CHARGES ON THE SECURITIES
AND ESTABLISH AND MAINTAIN ANY CONTRACTUALLY REQUIRED SPECIAL
FUNDS RELATING TO THE SECURITIES, AND, IF
THE SECURITIES ARE ANTICIPATORY SECURITIES, TO ISSUE THE
SELF-SUPPORTING SECURITIES FOR WHICH THE ANTICIPATORY SECURITIES
ARE ISSUED;
(2) AMOUNTS
RECEIVED FROM OTHER COUNTIES OR TOWNSHIPS AS REPAYMENT OF LOANS
OR OTHER FINANCIAL ASSISTANCE MADE TO THEM FROM THE PROCEEDS OF
SUCH SELF-SUPPORTING SECURITIES;
(3) A PLEDGE OF AND
LIEN ON THE PROCEEDS OF ANY SECURITIES ISSUED TO FUND OR REFUND
THOSE SELF-SUPPORTING SECURITIES.
(C) A COUNTY OR TOWNSHIP ISSUING SELF-SUPPORTING SECURITIES
UNDER THIS SECTION SHALL DO SO BY RESOLUTION, AND
SUCH RESOLUTION SHALL SET FORTH THE TERMS OF THE
SECURITIES, THE DATE OF THE SECURITIES, THE AMOUNT TO BE ISSUED,
AND THE MAXIMUM RATE OF INTEREST. THE SECURITIES SHALL MATURE
AT SUCH TIMES NOT EXCEEDING THE MAXIMUM LIMITS SPECIFIED FOR
GENERAL OBLIGATIONS IN SECTION 133.20 OF THE
REVISED CODE, AND SHALL BE EXECUTED IN SUCH MANNER AS THE
RESOLUTION PROVIDES. THE SECURITIES SHALL BE NEGOTIABLE,
BEAR INTEREST AT SUCH RATE OR RATES, BE IN SUCH
DENOMINATIONS, BE IN SUCH FORM, CARRY SUCH REGISTRATION
PRIVILEGES, BE PAYABLE IN SUCH MEDIUM OF PAYMENT AT SUCH PLACE
OR PLACES, AND BE SUBJECT TO SUCH TERMS OF REDEMPTION AS THE
ISSUER MAY AUTHORIZE. THE SECURITIES MAY BE SOLD AT PUBLIC OR
PRIVATE SALE.
(D) SELF-SUPPORTING SECURITIES ISSUED UNDER THIS SECTION, THEIR
TRANSFER, AND ANY INCOME THEREFROM, INCLUDING ANY PROFIT MADE ON
THE SALE THEREOF, SHALL AT ALL TIMES BE FREE FROM TAXATION
WITHIN THE STATE.
(E) COSTS OF PERMANENT IMPROVEMENTS THAT MAY BE FINANCED WITH,
AND
PAID FROM THE PROCEEDS OF, SELF-SUPPORTING SECURITIES ISSUED
UNDER THIS SECTION INCLUDE, WITHOUT LIMITATION AS TO OTHER COSTS
PROPERLY ALLOCABLE TO THE PERMANENT IMPROVEMENTS, THE COSTS OF:
ACQUIRING, CONSTRUCTING, RECONSTRUCTING, REHABILITATING,
INSTALLING, REMODELING, RENOVATING, ENLARGING, EQUIPPING,
FURNISHING, OR OTHERWISE IMPROVING PERMANENT IMPROVEMENTS; SITE
CLEARANCE, IMPROVEMENT, AND PREPARATION; ACQUISITION OF REAL OR
PERSONAL PROPERTY; INDEMNITY AND SURETY BONDS AND PREMIUMS ON
INSURANCE; ALL RELATED DIRECT ADMINISTRATIVE EXPENSES AND
ALLOCABLE PORTIONS OF DIRECT COSTS OF THE ISSUER; ENGINEERING,
ARCHITECTURAL, LEGAL, AND OTHER CONSULTING AND PROFESSIONAL
SERVICES; DESIGNS, PLANS, SPECIFICATIONS, FEASIBILITY OR RATE
STUDIES, APPRAISALS, SURVEYS, AND ESTIMATES OF COST; INTEREST OR
INTEREST EQUIVALENT ON THE SECURITIES, WHETHER CAPITALIZED OR
NOT; FINANCING COSTS; TITLE WORK AND TITLE COMMITMENT, INSURANCE,
AND GUARANTIES; AMOUNTS NECESSARY TO ESTABLISH ANY DEBT SERVICE
RESERVE OR OTHER RESERVES AS REQUIRED BY THE PROCEEDINGS FOR THE
SECURITIES; AUDITS; THE REIMBURSEMENT OF MONEYS ADVANCED OR
APPLIED BY OR BORROWED FROM ANY PERSON, WHETHER TO OR BY THE
ISSUER OR OTHERS, FROM WHATEVER SOURCE PROVIDED, FOR THE PAYMENT
OF ANY ITEM OR ITEMS OF COST OF THE PERMANENT IMPROVEMENTS; AND
ALL OTHER EXPENSES NECESSARY OR INCIDENTAL TO PLANNING OR
DETERMINING FEASIBILITY OR PRACTICABILITY WITH RESPECT TO
PERMANENT IMPROVEMENTS OR NECESSARY OR INCIDENTAL TO THE
ACQUISITION, CONSTRUCTION, RECONSTRUCTION, REHABILITATION,
INSTALLATION, REMODELING, RENOVATION, ENLARGEMENT, EQUIPPING,
FURNISHING, OR OTHER IMPROVEMENT OF THE PERMANENT IMPROVEMENTS,
THE FINANCING OF THE PERMANENT IMPROVEMENTS, AND THE PLACING OF
THE PERMANENT IMPROVEMENTS IN CONDITION FOR USE AND OPERATION,
AND ALL LIKE OR RELATED COSTS, INCLUDING ANY ONE, PART, OR
COMBINATION OF, OR THE ISSUER'S SHARE OF, THOSE COSTS AND
EXPENSES.
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