130th Ohio General Assembly
The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

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.

Please send questions and comments to the Webmaster.
© 2019 Legislative Information Systems | Disclaimer