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As Reported by House State Government Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 19 |
REPRESENTATIVES SCHULER-PADGETT-BRITTON-CLANCY-JONES-
KREBS-TERWILLEGER-WILLAMOWSKI-TAYLOR-AMSTUTZ-MOTTLEY
A BILL
To amend sections 9.20, 123.01, 123.04, 125.84, 149.302, 152.08,
152.21, 154.06, 154.16, 154.21, 154.22, 154.23, 163.02, 165.02, 175.04,
319.201, 901.63, 902.03, 991.07, 1501.01,
1515.08, 1517.17, 1519.02, 1523.01, 1545.12,
1551.12, 3354.09, 3354.13, 3355.06, 3355.10,
3357.09, 3357.12,
3358.08, 3375.40, 3377.04, 3377.14, 3706.04, 3747.06, 3747.14,
3793.031, 4582.06, 4582.31, 4981.14, 4981.32, 5119.37,
5120.46, 5123.22,
5501.32, 5503.02,
5519.01, 5529.03, 5537.06, 6121.04, and 6123.04 and to
enact sections
121.181, 1514.301, 3301.481, 3375.831, 5301.012, and
6161.011 of the Revised
Code to require that any instrument by
which the state or an
agency of the state acquires an interest in real
property shall identify the
agency for whose use and benefit the real property is
acquired
and to authorize the board
of park commissioners of a metropolitan park district to sell park lands for
conservation uses or for park or recreation purposes, in accordance with
specified procedures, to the state, a park district or other political
subdivision of the state, or the federal government.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.20, 123.01, 123.04, 125.84, 149.302, 152.08,
152.21, 154.06, 154.16, 154.21, 154.22, 154.23, 163.02, 165.02, 175.04,
319.201, 901.63, 902.03, 991.07, 1501.01, 1515.08, 1517.17, 1519.02, 1523.01,
1545.12, 1551.12, 3354.09, 3354.13, 3355.06, 3355.10, 3357.09, 3357.12,
3358.08, 3375.40, 3377.04, 3377.14, 3706.04, 3747.06, 3747.14,
3793.031, 4582.06, 4582.31, 4981.14, 4981.32, 5119.37, 5120.46, 5123.22,
5501.32, 5503.02,
5519.01, 5529.03, 5537.06, 6121.04, and 6123.04 be amended and
sections 121.181, 1514.301, 3301.481, 3375.831, 5301.012, and 6161.011 of the
Revised Code be enacted to read as follows:
Sec. 9.20. The state; a county, a township, or a cemetery association or the
commissioners or trustees of a county, township, or cemetery association; a
municipal corporation or the legislative authority, a board, or other officers
of a municipal corporation; and a benevolent, educational, or correctional
institution, wholly or in part under the control of the state, or the board of
directors, trustees, or other officers of the institution may receive by gift,
devise, or bequest moneys, lands, or other properties, for their benefit or
the benefit of any of those under their charge and may hold and apply the
moneys, lands, or properties according to the terms of the gift, devise, or
bequest. The gifts or devises of real estate may be in fee simple or of any
lesser estate and may be subject to any reasonable reservation. This section
does not affect the statutory provisions as to devises or bequests for such
purposes.
ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE STATE ACQUIRES REAL
PROPERTY PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT
HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012
of the Revised Code.
Sec. 121.181. ANY INSTRUMENT BY WHICH A DEPARTMENT ACQUIRES AN INTEREST IN
REAL PROPERTY, INCLUDING ANY DEED, TRANSFER, GRANT, RESERVATION, AGREEMENT
CREATING AN EASEMENT, OR LEASE, SHALL IDENTIFY
THE DEPARTMENT FOR WHOSE USE AND BENEFIT THE INTEREST IN REAL
PROPERTY IS ACQUIRED, AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 123.01. (A) The department of administrative
services, in addition to those powers enumerated in Chapters 124.
and 125. of the Revised Code, and as provided elsewhere by law,
shall exercise the following powers:
(1) To prepare, or contract to be prepared, by licensed
engineers or architects, surveys, general and detailed plans,
specifications, bills of materials, and estimates of cost for any
projects, improvements, or public buildings to be constructed by
state agencies that may be authorized by legislative
appropriations or any other funds made available therefor,
provided that the construction of the projects, improvements, or
public buildings is a statutory duty of the department. This
section does not require the independent employment of an
architect or engineer as provided by section 153.01 of the
Revised Code in the cases to which that section applies nor
affect or alter the existing powers of the director of
transportation.
(2) To have general supervision over the construction of
any projects, improvements, or public buildings constructed for a
state agency and over the inspection of materials previous to
their incorporation into those projects, improvements, or
buildings;
(3) To make contracts for and supervise the construction
of any projects and improvements or the construction and repair
of buildings under the control of a state agency, except
contracts for the repair of buildings under the management and
control of the departments of public safety, human services,
mental health, mental retardation and developmental disabilities,
rehabilitation and correction, and youth services, the bureau of
workers' compensation, the bureau of employment services, the rehabilitation
services commission, and boards of trustees of educational and
benevolent institutions. These contracts shall be made and
entered into by the directors of public safety, human services,
mental health, mental retardation and developmental disabilities,
rehabilitation and correction, and youth services, the
administrator of workers' compensation, the administrator of the bureau of
employment services, the rehabilitation services commission, and the boards of
trustees of such institutions, respectively. All such contracts
may be in whole or in part on unit price basis of maximum
estimated cost, with payment computed and made upon actual
quantities or units.
(4) To prepare and suggest comprehensive plans for the
development of grounds and buildings under the control of a state
agency;
(5) To acquire, by purchase, gift, devise, lease, or
grant, all real estate required by a state agency, in the
exercise of which power the department may exercise the power of
eminent domain, in the manner provided by sections 163.01 to
163.22 of the Revised Code;
(6) To make and provide all plans, specifications, and
models for the construction and perfection of all systems of
sewerage, drainage, and plumbing for the state in connection with
buildings and grounds under the control of a state agency;
(7) To erect, supervise, and maintain all public monuments
and memorials erected by the state, except where the supervision
and maintenance is otherwise provided by law;
(8) To procure, by lease, storage accommodations for a
state agency;
(9) To lease or grant easements or licenses for
unproductive and unused lands or other property under the control
of a state agency. Such leases, easements, or licenses shall be
granted for a period not to exceed fifteen years and shall be
executed for the state by the director of administrative services
and the governor and shall be approved as to form by the attorney
general, provided that leases, easements, or licenses may be
granted to any county, township, municipal corporation, port
authority, water or sewer district, school district, library
district, health district, park district, soil and water
conservation district, conservancy district, or other political
subdivision or taxing district, or any agency of the United
States government, for the exclusive use of that agency,
political subdivision, or taxing district, without any right of
sublease or assignment, for a period not to exceed fifteen years,
and provided that the director shall grant leases, easements, or
licenses of university land for periods not to exceed twenty-five
years for purposes approved by the respective university's board
of trustees wherein the uses are compatible with the uses and
needs of the university and may grant leases of university land
for periods not to exceed forty years for purposes approved by
the respective university's board of trustees pursuant to section
123.77 of the Revised Code.
(10) To lease office space in buildings for the use of a
state agency;
(11) To have general supervision and care of the
storerooms, offices, and buildings leased for the use of a state
agency;
(12) To exercise general custodial care of all real
property of the state;
(13) To assign and group together state offices in any
city in the state and to establish, in cooperation with the state
agencies involved, rules governing space requirements for office
or storage use;
(14) To lease for a period not to exceed forty years,
pursuant to a contract providing for the construction thereof
under a lease-purchase plan, buildings, structures, and other
improvements for any public purpose, and, in conjunction
therewith, to grant leases, easements, or licenses for lands
under the control of a state agency for a period not to exceed
forty years. The lease-purchase plan shall provide that at the
end of the lease period, the buildings, structures, and related
improvements, together with the land on which they are situated,
shall become the property of the state without cost.
(a) Whenever any building, structure, or other improvement
is to be so leased by a state agency, the department shall retain
either basic plans, specifications, bills of materials, and
estimates of cost with sufficient detail to afford bidders all
needed information or, alternatively, all of the following plans,
details, bills of materials, and specifications:
(i) Full and accurate plans suitable for the use of
mechanics and other builders in the improvement;
(ii) Details to scale and full sized, so drawn and
represented as to be easily understood;
(iii) Accurate bills showing the exact quantity of
different kinds of material necessary to the construction;
(iv) Definite and complete specifications of the work to
be performed, together with such directions as will enable a
competent mechanic or other builder to carry them out and afford
bidders all needed information;
(v) A full and accurate estimate of each item of expense
and of the aggregate cost thereof.
(b) The department shall give public notice, in such
newspaper, in such form, and with such phraseology as the
director of administrative services prescribes, published once
each week for four consecutive weeks, of the time when and place
where bids will be received for entering into an agreement to
lease to a state agency a building, structure, or other
improvement. The last publication shall be at least eight days
preceding the day for opening the bids. The bids shall contain
the terms upon which the builder would propose to lease the
building, structure, or other improvement to the state agency.
The form of the bid approved by the department shall be used, and
a bid is invalid and shall not be considered unless that form is
used without change, alteration, or addition. Before submitting
bids pursuant to this section, any builder shall comply with
Chapter 153. of the Revised Code.
(c) On the day and at the place named for receiving bids
for entering into lease agreements with a state agency, the
director of administrative services shall open the bids and shall
publicly proceed immediately to tabulate the bids upon duplicate
sheets. No lease agreement shall be entered into until the
bureau of workers' compensation has certified that the person to
be awarded the lease agreement has complied with Chapter 4123. of
the Revised Code, until, if the builder submitting the lowest and
best bid is a foreign corporation, the secretary of state has
certified that the corporation is authorized to do business in
this state, until, if the builder submitting the lowest and best
bid is a person nonresident of this state, the person has filed
with the secretary of state a power of attorney designating the
secretary of state as its agent for the purpose of accepting
service of summons in any action brought under Chapter 4123. of
the Revised Code, and until the agreement is submitted to the
attorney general and the attorney general's approval is certified
thereon. Within
thirty days after the day on which the bids are received, the
department shall investigate the bids received and shall
determine that the bureau and the secretary of state have made
the certifications required by this section of the builder who
has submitted the lowest and best bid. Within ten days of the
completion of the investigation of the bids, the department shall
award the lease agreement to the builder who has submitted the
lowest and best bid and who has been certified by the bureau and
secretary of state as required by this section. If bidding for
the lease agreement has been conducted upon the basis of basic
plans, specifications, bills of materials, and estimates of
costs, upon the award to the builder the department, or the
builder with the approval of the department, shall appoint an
architect or engineer licensed in this state to prepare such
further detailed plans, specifications, and bills of materials as
are required to construct the building, structure, or
improvement. The department shall adopt such rules as are
necessary to give effect to this section. The department may
reject any bid. Where there is reason to believe there is
collusion or combination among bidders, the bids of those
concerned therein shall be rejected.
(15) To acquire by purchase, gift, devise, or grant and to
transfer, lease, or otherwise dispose of all real property
required to assist in the development of a conversion facility as
defined in section 5709.30 of the Revised Code;
(16) To lease for a period not to exceed forty years,
notwithstanding any other division of this section, the
state-owned property located at 408-450 East Town Street,
Columbus, Ohio, formerly the state school for the deaf, to a
developer in accordance with this section. "Developer," as used
in this section, has the same meaning as in section 123.77 of the
Revised Code.
Such a lease shall be for the purpose of development of the
land for use by senior citizens by constructing, altering,
renovating, repairing, expanding, and improving the site as it
existed on June 25, 1982. A developer desiring to lease the land
shall prepare for submission to the department a plan for
development. Plans shall include provisions for roads, sewers,
water lines, waste disposal, water supply, and similar matters to
meet the requirements of state and local laws. The plans shall
also include provision for protection of the property by
insurance or otherwise, and plans for financing the development,
and shall set forth details of the developer's financial
responsibility.
The department may employ, as employees or consultants,
persons needed to assist in reviewing the development plans.
Those persons may include attorneys, financial experts,
engineers, and other necessary experts. The department shall
review the development plans and may enter into a lease if it
finds all of the following:
(a) The best interests of the state will be promoted by
entering into a lease with the developer;
(b) The development plans are satisfactory;
(c) The developer has established the developer's financial
responsibility and satisfactory plans for financing the
development.
The lease shall contain a provision that construction or
renovation of the buildings, roads, structures, and other
necessary facilities shall begin within one year after the date
of the lease and shall proceed according to a schedule agreed to
between the department and the developer or the lease will be
terminated. The lease shall contain such conditions and
stipulations as the director considers necessary to preserve the
best interest of the state. Moneys received by the state
pursuant to this lease shall be paid into the general revenue
fund. The lease shall provide that at the end of the lease
period the buildings, structures, and related improvements shall
become the property of the state without cost.
(17) To lease to any person any tract of land owned by the
state and under the control of the department, or any part of
such a tract, for the purpose of drilling for or the pooling of
oil or gas. Such a lease shall be granted for a period not
exceeding forty years, with the full power to contract for,
determine the conditions governing, and specify the amount the
state shall receive for the purposes specified in the lease, and
shall be prepared as in other cases.
(B) This section and section 125.02 of the Revised Code
shall not interfere with any of the following:
(1) The power of the adjutant general to purchase military
supplies, or with the custody of the adjutant general of property
leased, purchased, or constructed by the state and used for
military purposes, or with the functions of the adjutant general
as director of state armories;
(2) The power of the director of transportation in
acquiring rights-of-way for the state highway system, or the
leasing of lands for division or resident district offices, or
the leasing of lands or buildings required in the maintenance
operations of the department of transportation, or the purchase of
real property
for garage sites or division or resident district offices, or in
preparing plans and specifications for and constructing such
buildings as the director may require in the administration of
the department;
(3) The power of the director of public safety and the
registrar of motor vehicles to purchase or lease real property
and buildings to be used solely as locations to which a deputy
registrar is assigned pursuant to division (B) of section
4507.011 of the Revised Code and from which the deputy registrar is
to conduct the deputy registrar's business, the power of the director of
public safety to purchase or lease real property and buildings to be used as
locations for division or district offices as required in the maintenance of
operations of the department of public safety, and the power of the
superintendent of the state
highway patrol in the purchase or leasing of real property and
buildings needed by the patrol, to negotiate the sale of real property owned
by the patrol, to rent or lease real property owned or leased by the patrol,
and to make or cause to be made repairs to all property owned or under the
control of the patrol;
(4) The power of the division of liquor control in the
leasing or purchasing of retail outlets and warehouse facilities
for the use of the division;
(5) The power of the director of development to enter into leases
of real property, buildings, and office space to be used solely as locations
for the state's foreign offices to carry out the purposes of section 122.05
of the Revised Code.
(C) Purchases for, and the custody and repair of,
buildings under the management and control of the capitol square
review and advisory board, the rehabilitation services commission, the bureau
of employment services, the bureau of workers' compensation, or the
departments of public safety,
human services, mental health, mental retardation and
developmental disabilities, and rehabilitation and correction,
and buildings of educational and benevolent institutions under
the management and control of boards of trustees, are not subject
to the control and jurisdiction of the department of
administrative services.
(D) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO
THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 123.04. The director of administrative services shall be appointed
superintendent of public works and shall have the care and control of the
public works of the state except as provided in section 1521.08 of the Revised
Code and shall protect, maintain, and keep them in repair.
Subject to the approval of the governor, the director may purchase on behalf
of the state such real or personal property, rights, or privileges as are
necessary, in his THE DIRECTOR'S judgment, to acquire in the
maintenance of the public works
or their improvement.
ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE STATE ACQUIRES REAL
PROPERTY PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT
HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012
of the Revised Code.
Sec. 125.84. In conformance with the "Federal Property and
Administrative Services Act of 1949 (,"63 Stat. 377), as
amended," similar or related federal property disposal acts of
congress, and sections 125.84 to 125.90 of the Revised Code, the
department of administrative services may acquire, warehouse,
distribute, transfer, retransfer, recapture, revert, and dispose
of federal personal property and shall assist in the acquisition,
conveyance, reconveyance, recapture, reversion, and disposal of
federal real and related personal property, not required for the
needs and the discharge of the responsibilities of all federal
departments, agencies, boards, and commissions, for the purpose of
making such property available for use to eligible state civil
defense, health, and educational institutions and organizations;
state departments, agencies, boards, and commissions; bodies
politic and corporate, political subdivisions, or other district,
regional, or similar authorities established by or pursuant to
law; duly authorized local tax-supported civil defense
organizations; local tax-supported health and educational
institutions; local tax-supported institutions and organizations;
private nonprofit federally tax-exempt health and educational
institutions and organizations in the state; private nonprofit
federally tax-exempt institutions, organizations, and activities
in the state; and to such other institutions, organizations, or
activities in the state as may hereafter become eligible to
receive such property.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 149.302. (A) The Ohio historical society, in
addition to its other functions, shall establish a museum in the
vicinity of Wilberforce to be known as the national museum of
Afro-American history and culture. For this purpose the society
may accept donations of money, property, and personal services,
apply for and receive federal assistance, acquire real property
or any estate, right, or interest therein, construct buildings,
access roads, parking areas, and other appropriate facilities for
museum visitors, and exercise any powers incidental to such
purpose. The society shall establish the museum in consultation
with the national museum of Afro-American history and culture
planning committee established in section 149.303 of the
Revised Code. The society shall consult with the committee
before selecting a museum site and before acquiring or accepting any
real property for such purpose. It shall consult with the
committee on the design, plans, and specifications for the
construction or modification of any buildings and other museum
visitation facilities. The society, in cooperation and
consultation with the committee, shall establish an acquisition
policy for the museum.
Donations of money received under this section shall be
placed in a separate fund within the accounts of the Ohio
historical society to be used solely for the necessary expenses
of the society incurred in the performance of its duties under
this section.
(B) After the Ohio historical society establishes the
national museum of Afro-American history and culture, the society
shall convey title to the museum and its contents to a private,
nonprofit organization which shall operate and maintain the
museum. The society shall determine the conditions of the
conveyance, and the conveyance and the conditions of the
conveyance are subject to approval by the national museum of
Afro-American history and culture planning committee. The society
shall operate and maintain the museum until the museum and its
contents are conveyed as provided in this section. Any
historical items or artifacts donated to the society, or to the
private, nonprofit organization to which the society has conveyed
the museum and its contents, for placement in the museum, shall
remain at the museum as part of its permanent collection. The
organization to which the society has conveyed the museum and its
contents shall consult with the committee concerning the
operation and maintenance of the museum.
(C) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO
THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 152.08. (A) The Ohio building authority may:
(1) Acquire, by gift, grant, or purchase, and hold and
mortgage, real estate and interests therein and personal property
suitable for its purposes, provided that no land used by the
authority pursuant to section 152.05 of the Revised Code shall be
mortgaged by the authority;
(2) Purchase, construct, reconstruct, equip, furnish,
improve, alter, enlarge, maintain, repair, and operate buildings,
facilities, and other properties for the purposes set forth in
section 152.04 of the Revised Code. The authority shall
construct, operate, and maintain its buildings, facilities, and
other properties in a healthy, safe, and sanitary manner.
(3) Issue revenue bonds to secure funds to accomplish its
purposes, the principal of and interest on and all other payments
required to be made by the trust agreement or indenture securing
such bonds to be paid solely from revenues accruing to the
authority through the operation of its buildings, facilities, and
other properties;
(4) Enter into contracts and execute all instruments
necessary in the conduct of its business;
(5) Fix, alter, and charge rentals and other charges for
the use and occupancy of its buildings, facilities, and other
properties and enter into leases with the persons specified in
section 152.04 of the Revised Code;
(6) Employ financial consultants, appraisers, consulting
engineers, architects, superintendents, managers, construction
and accounting experts, attorneys-at-law, and other employees and
agents as are necessary, in its judgment, and fix their
compensation;
(7) Provide for the persons occupying its buildings,
facilities, and other properties, health clinics, medical
services, food services, and such other services as such persons
cannot provide for themselves; and, if the authority determines
that it is more advantageous, it may enter into contracts with
persons, firms, or corporations or with any governmental agency,
board, commission, or department to provide any of such clinics
or services;
(8) Pledge, hypothecate, or otherwise encumber such of its
rentals or other charges as may be agreed as security for its
obligations, and enter into trust agreements or indentures for
the benefit of its bondholders;
(9) Borrow money or accept advances, loans, gifts, grants,
devises, or bequests from, and enter into contracts or agreements
with, any federal agency or other governmental or private source,
and hold and apply advances, loans, gifts, grants, devises, or
bequests according to the terms thereof. Such advances, loans,
gifts, grants, or devises of real estate may be in fee simple or
of any lesser estate and may be subject to any reasonable
reservations. Any advances or loans received from any federal or
other governmental or private source may be repaid in accordance
with the terms of such advance or loan.
(10) Conduct investigations into housing and living
conditions in order to be able to purchase, construct, or
reconstruct suitable buildings and facilities to fulfill its
purpose, and determine the best locations within the state for
its buildings, facilities, and other properties;
(11) Enter into lawful arrangements with the appropriate
federal or state department or agency, county, township,
municipal government, or other political subdivision, or public
agency for the planning and installation of streets, roads,
alleys, public parks and recreation areas, public utility
facilities, and other necessary appurtenances to its projects;
(12) Purchase fire, extended coverage, and liability
insurance for its property, and insurance covering the authority
and its officers and employees for liability for damage or injury
to persons or property;
(13) Sell, lease, release, or otherwise dispose of
property owned by the authority and not needed for the purposes
of the authority and grant such easements across the property of
the authority as will not interfere with its use of its property;
(14) Establish rules and regulations for the use and
operation of its buildings, facilities, and other properties;
(15) Do all other acts necessary to the fulfillment of its
purposes.
(B) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO
THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 152.21. With respect to capital facilities described
in sections 152.19 and 152.31 of the Revised Code, the Ohio building authority
may:
(A) Acquire, by appropriation subject to Chapter 163. of
the Revised Code, or by gift, grant, lease, or purchase; hold; lease;
mortgage in the case of capital facilities the real property or
interest therein of which was not acquired by the authority
pursuant to sections 152.05 and 152.06 of the Revised Code;
convey; and dispose of real estate and interests in real estate and personal
property suitable for its purposes;
(B) Acquire, purchase, construct, reconstruct, rehabilitate, remodel,
renovate, enlarge, improve, alter, maintain, equip, furnish, repair, paint,
decorate, and operate capital facilities as provided in sections 152.18,
152.19, and 152.31 of the Revised Code;
(C) Issue obligations to secure funds to accomplish its
purposes as more fully set forth in sections 152.09 to 152.33 of
the Revised Code;
(D) Enter into contracts and execute all instruments
necessary in the conduct of its business;
(E) Fix, alter, and charge rentals for the use and
occupancy of its capital facilities and enter into leases for
such use and occupancy as provided in section 152.24 of the
Revised Code;
(F) Employ financial consultants, appraisers, consulting
engineers, architects, superintendents, managers, construction
and accounting experts, attorneys at law, and other employees and
agents as are necessary, in its judgment, and fix their
compensation;
(G) Manage and have general custodial care and supervision
of its capital facilities or enter into contracts
with the department of administrative services or the using state agency or
governmental entity for such purposes;
(H) Pledge, hypothecate, or otherwise encumber all or such
portion as it determines of the available receipts to the payment
of bond service charges on obligations or series of obligations
issued pursuant to Chapter 152. of the Revised Code and for the
establishment and maintenance of any reserves, as provided in the
bond resolution, and make other provisions therein with respect
to such available receipts as authorized by Chapter 152. of the
Revised Code, which shall be controlling notwithstanding any
other provisions of law pertaining thereto, and enter into trust
agreements or indentures for the benefit of holders of its
obligations;
(I) Borrow money or accept advances, loans, gifts, grants,
devises, or bequests from, and enter into contracts or agreements
with, any federal agency or other governmental or private source,
and hold and apply advances, loans, gifts, grants, devises, or
bequests according to the terms thereof. Such advances, loans,
gifts, grants, or devises of real estate may be in fee simple or
of any lesser estate and may be subject to any reasonable
reservations. Any advances or loans received from any federal or
other governmental or private source may be repaid in accordance
with the terms of such advance or loan.
(J) Enter into lawful arrangements with the appropriate
governmental entity for the planning and installation of streets
and sidewalks, public utility facilities, and other necessary
appurtenances to its capital facilities, and grant necessary
easements for such purposes;
(K) Purchase all risk or extended coverage, boiler, rents,
and public liability insurance for or relating to its property;
(L) Establish rules for the use and operation of its
buildings and facilities;
(M) Do all other acts necessary to the fulfillment of its
purposes.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 154.06. In connection with capital facilities
financed by the Ohio public facilities commission pursuant to
authorization by the general assembly, the commission may:
(A) Acquire by appropriation, subject to Chapter 163. of
the Revised Code, or by gift, grant, lease, or purchase, or
combination thereof, and hold, lease, and dispose of real estate
and interests therein and personal property for the purposes of
Chapter 154. of the Revised Code;
(B) Acquire, purchase, construct, reconstruct, equip,
furnish, improve, alter, enlarge, remodel, renovate,
rehabilitate, maintain, repair, and operate capital facilities
for the purposes set forth in Chapter 154. of the Revised Code;
(C) Enter into agreements with the director of
administrative services providing for the director to acquire by
appropriation, subject to Chapter 163. of the Revised Code, real
estate and interests therein on behalf of the commission for the
purposes of Chapter 154. of the Revised Code and the director may
enter into such agreements and appropriate pursuant thereto.
(D) Enter into leases or other agreements with
governmental agencies upon such terms as are mutually
satisfactory, which may include provisions, among others, for
rental payments commencing at or at any time after execution of
such lease and before completion of the capital facilities leased
thereby, provisions relating to the disposition of such capital
facilities, and provisions, if determined by the commission, for
waiver of rights of repossession by the commission; and such
governmental agencies may enter into such leases and agreements
with the commission and into subleases and agreements between
governmental agencies pertaining to capital facilities financed
by the commission, upon terms and conditions mutually
satisfactory to the parties and without competitive bidding, and
any agreement of such governmental agency to make rental, use, or
other payments or payment of purchase price, in installments or
otherwise, or repayments to or on account of the commission, and
the obligations issued by the commission shall not be deemed to
constitute indebtedness, bonded or otherwise, or bonds, notes, or
other evidence of indebtedness of such governmental agency for
the purpose of Chapter 133. of the Revised Code or any other
purpose; such lease and agreements requiring payments beyond the
current year are continuing contracts for the purposes of
sections 5705.41 and 5705.44 of the Revised Code;
(E) Contract for the services of financial consultants,
appraisers, consulting engineers, architects, construction and
accounting experts, attorneys, and other consultants and
independent contractors, as are necessary in its judgment to
carry out Chapter 154. of the Revised Code;
(F) Enter into agreements with one or more governmental
agencies or any combination thereof for the management or general
custodial care and supervision of capital facilities, and such
governmental agencies are authorized to enter into such
agreements with the commission upon terms and conditions mutually
satisfactory to the parties;
(G) Borrow money or accept advances, loans, gifts, grants,
devises, or bequests from, and enter into contracts or agreements
therefor with, any governmental agency or person, and hold and
apply advances, loans, gifts, grants, devises, or bequests, and
the capital facilities to which the same relate, according to the
terms thereof, which advances, loans, gifts, grants, or devises
may, as to real estate be in fee simple or of any lesser estate
and may be subject to reasonable reservations, and which advances
or loans received from any governmental agency or person may be
repaid in accordance with the terms of such advance or loan;
(H) Enter into agreements or arrangements with the
appropriate governmental agency for the planning and installation
of streets, roads, alleys, public parks and recreation areas,
public utility facilities, and other necessary appurtenances to
its capital facilities;
(I) Purchase or provide for fire and extend coverage
insurance for its property and such other insurance the
commission may agree to provide under applicable bond
procedings PROCEEDINGS;
(J) Enter into contracts and execute all instruments
necessary or incidental to the performance of its duties and the
execution of its powers and do all other acts necessary or proper
to the fulfillment of its purposes and to carry out the powers
expressly granted in Chapter 154. of the Revised Code.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 154.16. Any governmental agency may lease, grant, or
convey to the Ohio public facilities commission, at its request,
any real property or interests therein including improvements
thereto or personal property of or under the control of such
governmental agency which is necessary or convenient to the
effectuation of the authorized purposes of the commission,
including public roads and other real property or interests
therein, including improvements thereto or personal property
already devoted to public use, upon such terms as the governing
body of the governmental agency, and the governor in the case of
real estate title of which is in the name of the state, and the
commission agree and without the necessity for advertisement,
auction, competitive bidding, order of court, or other action or
formality, other than the regular and formal action of such
governing body, and the governor in the instance above stated.
Title to all real estate acquired by the commission shall be
taken in the name of the state.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 154.21. (A) Subject to authorization by the general
assembly under section 154.02 of the Revised Code, the Ohio
public facilities commission may authorize and issue obligations
pursuant to this chapter to pay the cost of capital facilities
for state-supported and state-assisted institutions of higher
education.
(B) Capital facilities for institutions of higher
education financed under this section may be leased by the
commission to institutions of higher education or to the Ohio
board of regents for the use of institutions of higher education,
and such parties may make other agreement for the use or sale and
purchase of the facilities; the Ohio board of regents may
sublease such capital facilities to institutions of higher
education, and such parties may make other agreement for the use
or sale and purchase of the facilities, in any manner permitted
by the lease or agreement between the commission and the Ohio
board of regents; all upon such terms and conditions as the
parties may agree upon and pursuant to this chapter,
notwithstanding other provisions of law affecting the leasing,
acquisition, or disposition of capital facilities by such
parties. Any such leases, subleases, or agreements may contain
provisions setting forth the responsibilities of the commission,
institutions of higher education, and Ohio board of regents as to
the financing, construction, operation, maintenance, and insuring
of such facilities and other terms and conditions applicable
thereto, including designation of the "owner" for purposes of
Chapter 153. of the Revised Code, and any other provisions
mutually agreed upon for the purposes of this chapter. Promptly
upon execution thereof, a signed or conformed copy of each such
lease or agreement, and any supplement thereto, between an
institution of higher education or the Ohio board of regents and
the commission shall be filed by the commission with the Ohio
board of regents and the director of budget and management, and
promptly upon execution thereof, a signed or conformed copy of
each such sublease or agreement between the Ohio board of regents
and an institution of higher education shall be filed by the Ohio
board of regents with the commission and the director.
(C) For purposes of this section, "available receipts"
means fees, tuitions, charges, revenues, and all other receipts
of or on behalf of state supported and state assisted
institutions of higher education, any revenues or receipts
derived by the commission from the operation, leasing, or other
disposition of capital facilities financed under this section,
the proceeds of obligations issued under this section and
sections 154.11 and 154.12 of the Revised Code, and also means
any gifts, grants, donations, and pledges, and receipts
therefrom, available for the payment of bond service charges on
such obligations. Subject to any pledge of that portion of
available receipts, comprised of fees, tuitions, charges,
revenues, and receipts derived directly by an institution of
higher education, which has been or may thereafter be made
pursuant to section 3345.07, 3345.11, 3345.12, 3349.05, 3354.121,
or 3357.112 of the Revised Code, the
commission may pledge all or such portion as it determines of the
available receipts to the payment of bond service charges on
obligations issued under this section and sections 154.11 and
154.12 of the Revised Code and for the establishment and
maintenance of any reserves, as provided in the bond proceedings,
and make other provisions therein with respect to such available
receipts as authorized by this chapter, which provisions shall be
controlling, notwithstanding any other provision of law
pertaining thereto.
(D) In the event that moneys in the higher education bond
service fund and available receipts from payments to be made to
the commission under leases and agreements with the Ohio board of
regents, together with any other funds made available by the
general assembly, will be insufficient, without application of
reserves, for the payment of bond service charges and for the
establishment and maintenance of reserves, as provided in the
bond proceedings, then the commission, upon consultation with the
institutions of higher education to be affected and the Ohio
board of regents, may require the institutions of higher
education to charge, collect, and transmit to the credit of the
higher education bond service fund provided for in division (E)
of this section, a special student fee, which may be a segregated
part of the established instruction fee or other fee, in such
amount or amounts as are necessary for the payment of the bond
service charges on obligations issued under this section and
sections 154.11 and 154.12 of the Revised Code and for the
establishment and maintenance of any reserves, as provided in the
bond proceedings. Such special fee constitutes "available
receipts" within the meaning thereof in division (C) of this
section, and may be pledged as therein provided in addition to,
or in lieu of, or to be applied prior to, other available
receipts, as provided in the bond proceedings; provided, that
such special fee shall not be deemed to be pledged by the
institutions of higher education under section 3345.07, 3345.11,
3345.12, 3349.05, 3354.121, or 3357.112 of
the Revised Code. The commission may covenant in the bond
proceedings to require such special fee to be charged, collected,
and transmitted pursuant to this division. In the event the
initiation of such special fee is required in accordance with
such covenant, the commission shall by rules transmitted to each
institution of higher education affected thereby, fix, establish,
and from time to time modify, as it may consider appropriate, the
amount or amounts of the fee, exemptions therefrom, such
distinctions, if any, as it may determine appropriate for
full-time and part-time students or students enrolled in
different programs, or other bases for distinction among
students, so that students throughout the state in similar
classifications under such rules are so far as feasible treated
alike, and establish and from time to time modify other rules,
procedures, and definitions for the charge, collection, and
transmission of such special fees. Notwithstanding any other
provision of law pertaining thereto, the governing boards of the
institutions of higher education shall charge, collect, and
transmit such special fee in accordance with such rules.
(E) There is hereby created the higher education bond
service trust fund, which shall be in the custody of the
treasurer of state but shall be separate and apart from and not a
part of the state treasury. All moneys received by or on account
of the commission and required by the applicable bond proceedings
to be deposited, transferred, or credited to the higher education
bond service trust fund, and all other moneys transferred or
allocated to or received for the purposes of the higher education
bond service trust fund, shall be deposited with the treasurer of
state and credited to such fund, subject to any applicable
provisions of the bond proceedings, without necessity for any act
of appropriation. The higher education bond service trust fund
is a trust fund and is hereby pledged to the payment of bond
service charges on the obligations issued pursuant to this
section and sections 154.11 and 154.12 of the Revised Code to the
extent provided in the applicable bond proceedings, and payment
thereof from such fund shall be made or provided for by the
treasurer of state in accordance with such bond proceedings
without necessity for any act of appropriation.
(F) There is hereby created in the state treasury the
higher education improvement fund. Subject to the bond
proceedings therefor, all of the proceeds of the sale of higher
education obligations shall be credited to the fund, except that
any accrued interest received shall be credited to the higher
education bond service fund. The higher education improvement
fund may also be comprised of gifts, grants, appropriated moneys,
and other sums and securities received to the credit of such
fund. The fund shall be applied only to the purpose of paying
costs of capital facilities for state-supported and
state-assisted institutions of higher education, which may
include participation with one or more such institutions of
higher education in any such capital facilities by way of grants,
loans, or contributions to them for such capital facilities.
(G) This section shall be applied with other applicable
provisions of this chapter.
(H) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO
THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 154.22. (A) Subject to authorization by the general
assembly under section 154.02 of the Revised Code, the Ohio
public facilities commission may authorize and issue obligations
pursuant to this chapter to pay costs of capital facilities for
parks and recreation.
(B) Any capital facilities for parks and recreation may be
leased by the commission to the department of natural resources
and other agreements may be made by the commission and such
department with respect to the use or purchase of such capital
facilities or, subject to the approval of the director of such
department, the commission may lease such capital facilities to,
and make other agreements with respect to their use or purchase
with, any governmental agency having authority under law to
operate such capital facilities, and the director of such
department may sublease such capital facilities to, and make
other agreements with respect to the use or purchase thereof
with, any such governmental agency, or such director may sublease
or contract for the operation of such capital facilities in
accordance with the applicable provisions of sections 1501.09,
1501.091, and 1501.10 of the Revised Code, all upon such terms
and conditions as the parties may agree upon and pursuant to this
chapter, notwithstanding any other provisions of law affecting
the leasing, acquisition, or disposition of capital facilities by
such parties.
(C) For purposes of this section, "available receipts"
means all receipts, including fees, charges, and rentals, derived
or to be derived from state parks and public service facilities
in any state park or parks, any other receipts of state agencies
with respect to parks and recreational facilities, any revenues
or receipts derived by the commission from the operation,
leasing, or other disposition of capital facilities financed
under this section, the proceeds of obligations issued under this
section and sections 154.11 and 154.12 of the Revised Code, and
also means any gifts, grants, donations, and pledges, and
receipts thereon, available for the payment of bond service
charges on obligations issued under this section. The commission
may pledge all, or such portion as it determines, of the
available receipts to the payment of bond service charges on
obligations issued under this section and sections 154.11 and
154.12 of the Revised Code and for the establishment and
maintenance of any reserves, as provided in the bond proceedings,
and make other provisions therein with respect to such available
receipts as authorized by this chapter, which provisions shall be
controlling notwithstanding any other provision of law pertaining
thereto.
(D) The commission may covenant in the bond proceeding
that the state and state agencies shall, so long as any
obligations issued under this section are outstanding, cause to
be charged and collected fees, charges, and rentals for the use
of state parks and public service facilities and other fees and
charges with respect to parks and recreation sufficient in amount
to provide for the payment of bond service charges on such
obligations and for the establishment and maintenance of any
reserves as provided in the bond proceedings, and such covenants
shall be controlling notwithstanding any other provision of law
pertaining to such charges except any provision of law
prohibiting or limiting charges for the use of swimming
facilities of state parks and public service facilities by
persons under sixteen years of age.
(E) There is hereby created the parks and recreation bond
service trust fund, which shall be in the custody of the
treasurer of state but shall be separate and apart from and not a
part of the state treasury. All moneys received by or on account
of the commission or state agencies and required by the
applicable bond proceedings to be deposited, transferred, or
allocated to or received for the purposes of the trust fund shall
be deposited with the treasurer of state and credited to such
fund, subject to applicable provisions of the bond proceedings
but without necessity for any act of appropriation. The trust
fund is hereby pledged to the payment of bond service charges on
the obligations issued pursuant to this section and sections
154.11 and 154.12 of the Revised Code to the extent provided in
the applicable bond proceedings, and payment thereof from such
fund shall be made or provided for by the treasurer of state in
accordance with such bond proceedings without necessity for any
act of appropriation.
(F) There is hereby created in the state treasury the
parks and recreation improvement fund. Subject to the bond
proceedings therefor, all of the proceeds of the sale of
obligations issued pursuant to this section shall be credited to
such fund, except that any accrued interest received shall be
credited to the parks and recreation bond service trust fund.
The parks and recreation improvement fund may also be comprised
of gifts, grants, appropriated moneys, and other sums and
securities received to the credit of such fund. Such fund shall
be applied only to the purpose of paying costs of capital
facilities for parks and recreation under the jurisdiction of the
department of natural resources or for participation in capital
facilities for parks and recreation with the federal government,
municipal corporations, counties, or other governmental agencies,
or any one or more of them, which participation may be by grants
or contributions to them for such capital facilities.
(G) All state parks shall be exclusively under the control
and administration of the division of parks and recreation. With
the approval of the recreation and resources council,
the
director of natural resources may by order remove from the
classification as state parks any of the lands or interests
therein referred to in divisions (M)(2) and (3) of section 154.01
of the Revised Code, subject to the limitations, provisions, and
conditions in any order authorizing state park revenue bonds, in
any trust agreement securing such bonds, or in bond proceedings
with respect to obligations issued pursuant to this section.
Lands or interests therein so removed shall be transferred to
other divisions of the department for administration or may be
sold as provided by law. Proceeds of any sale shall be used or
transferred as provided in the order authorizing state park
revenue bonds or in such trust agreement, or in bond proceedings
with respect to obligations issued pursuant to this section, and
if no such provision is made shall be transferred to the state
park fund created by section 1541.22 of the Revised Code.
(H) This section shall be applied with other applicable
provisions of this chapter.
(I) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO
THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 154.23. (A) Subject to authorization by the general
assembly under section 154.02 of the Revised Code, the Ohio
public facilities commission may authorize and issue obligations
pursuant to this chapter to pay costs of capital facilities for
housing of branches and agencies of state government, including
capital facilities for the purposes of housing personnel,
equipment, or functions, or any combination thereof, that the
state agencies are responsible for housing, except capital
facilities for mental hygiene and retardation as referred to in
section 154.20 of the Revised Code, capital facilities for
state-supported and state-assisted institutions of higher
education as referred to in section 154.21 of the Revised Code,
capital facilities for parks and recreation as referred to in
section 154.22 of the Revised Code, and capital facilities
authorized by the general assembly to be financed pursuant to
division (F) of section 152.09 of the Revised Code with
obligations issued under Chapter 152. of the Revised Code. Such
obligations may be issued pursuant to one or more separate bond
proceedings as the commission determines.
(B) Capital facilities for housing of branches and
agencies of state government may be leased by the commission to
the using state agency or to the department of administrative
services for the use of such state agency or to other
governmental agencies and the department of administrative
services or the using state agency may sublease such capital
facilities to other state agencies or other governmental
agencies, and such parties may make other agreements for the use
or sale or purchase of such capital facilities in any manner
permitted by the lease or agreement with the commission, all upon
such terms and conditions as the parties may agree upon and
pursuant to this chapter, notwithstanding other provisions of law
affecting the leasing, acquisition, or disposition of capital
facilities by such parties. Any such lease between the
commission and the department of administrative services or the
using state agency shall be for a period not to exceed the then
current two-year period for which appropriations have been made
by the general assembly to the department of administrative
services or the state agencies which will occupy the building or
facility being leased. An agreement between the commission and
the department or using state agency may provide for renewal of
the lease at the end of each term for another term, not exceeding
two years, but no renewal shall be effective until the effective
date of an appropriation enacted by the general assembly from
which the department of administrative services or the using
state agency may lawfully pay rentals under such lease. Any such
leases, subleases, or agreements may contain provisions setting
forth the responsibilities of the commission, state agencies, or
other governmental agencies as to the financing, construction,
subleasing, operation, maintenance, and insuring of such capital
facilities and other terms and conditions applicable thereto,
including designation of the "owner" for purposes of Chapter 153.
of the Revised Code, and any other provisions mutually agreed
upon for the purposes of this chapter. Promptly upon execution
thereof a signed or conformed copy of each such lease or sublease
or agreement, and any supplement thereto, between the commission
and a governmental agency shall be filed by the commission with
the department of administrative services and the director of
budget and management, and promptly upon execution thereof a
signed or conformed copy of each such sublease or agreement
between two governmental agencies, not including the commission,
shall be filed with the commission and the director.
(C) For purposes of this section, "available receipts"
means fees, charges, revenues, grants, subsidies, income from the
investment of moneys, proceeds from the sale of goods or
services, and all other revenues or receipts received by or on
behalf of any state agency for which capital facilities are
financed with obligations issued under this section or any state
agency by which the capital facilities are constructed or
financed; revenues or receipts derived by the commission from the
operation, leasing, or other disposition of capital facilities
financed under this section; and the proceeds of obligations
issued under this section and sections 154.11 and 154.12 of the
Revised Code; and also means any moneys appropriated by a
governmental agency, gifts, grants, donations, and pledges, and
receipts therefrom, available for the payment of bond service
charges on such obligations. The commission may pledge all or
such portion as it determines of the available receipts to the
payment of bond service charges on obligations or series of
obligations issued under this section and sections 154.11 and
154.12 of the Revised Code and for the establishment and
maintenance of any reserves, as provided in the bond proceedings,
and make other provisions therein with respect to such available
receipts as authorized by this chapter, which shall be
controlling notwithstanding any other provisions of law
pertaining thereto.
(D) The commission may covenant in the bond proceedings
that the state and state agencies shall, so long as any
obligations issued under this section and those bond proceedings
are outstanding, cause to be charged and collected such revenues
and receipts constituting available receipts under those bond
proceedings sufficient in amount to provide for the payment of
bond service charges on those obligations and for the
establishment and maintenance of any reserves, as provided in the
bond proceedings for such obligations. Such covenants shall be
controlling, notwithstanding any other provision of law
pertaining to such revenues and receipts.
(E) There is hereby created one or more funds, as
determined by the commission in the bond proceedings, designated
the "state agency bond service fund" with, if more than one such
fund, such further identifying name as the commission determines,
which shall be in the custody of the treasurer of state but shall
be separate and apart from and not a part of the state treasury.
All moneys received by or on account of the commission or state
agencies and required by the applicable bond proceedings to be
deposited, transferred, or credited to the state agency bond
service fund, and all other moneys transferred or allocated to or
received for the purposes of that fund shall be deposited with
the treasurer of state and credited to the applicable fund,
subject to applicable provisions of the bond proceedings, but
without necessity of any act or appropriation. The state agency
bond service funds are trust funds and are hereby pledged to the
payment of bond service charges on the applicable obligations
issued pursuant to this section and sections 154.11 and 154.12 of
the Revised Code to the extent provided in the applicable bond
proceedings, and payment thereof from such funds shall be made or
provided for by the treasurer of state in accordance with the
applicable bond proceedings without necessity for any act of
appropriation.
(F) There is hereby created in the state treasury one or
more funds, as determined by the commission in the bond
proceedings, designated the "state agency facilities improvement
fund" with, if more than one such fund, such further identifying
name as the commission determines, which shall be in the custody
of the treasurer of state. Subject to the bond proceedings
therefor, all of the proceeds of the sale of obligations pursuant
to this section shall be credited to the applicable state agency
facilities improvement fund, except that any accrued interest
shall be credited to the applicable bond service fund. The state
agency facilities improvement funds may also be comprised of
gifts, contributions from governmental agencies, grants,
appropriated moneys, and other sums and securities received to
the credit of such funds. Such funds shall be applied only to
the purpose of paying applicable costs of capital facilities for
housing of branches and agencies of state government or for
participation in capital facilities for housing of branches and
agencies of state government with the federal government,
municipal corporations, counties, or other governmental agencies,
or any one or more of them, which participation may be by grants
or contributions to them for such capital facilities.
(G) This section is to be applied with other applicable
provisions of this chapter.
(H) ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE STATE
ACQUIRES REAL
PROPERTY PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT
HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012
of the Revised Code.
Sec. 163.02. (A) Except as provided in divisions (B),
(C), and (D) of this section, all appropriations of real property
shall be made pursuant to sections 163.01 to 163.22 of the
Revised Code.
(B) Subject to division (E) of this section, the director
of transportation may appropriate real property pursuant to
sections 163.01 to 163.22 of the Revised Code or as otherwise
provided by law.
(C) Subject to division (E) of this section, a conservancy
district may appropriate real property by procedures prescribed
in Chapter 6101. of the Revised Code.
(D) Subject to division (E) of this section, a sanitary
district may appropriate real property by procedures prescribed
in Chapter 6115. of the Revised Code.
(E) When the director of transportation, a conservancy
district, or a sanitary district proceeds to appropriate real
property other than under sections 163.01 to 163.22 of the
Revised Code, the proceedings are subject to division (B) of
section 163.21 of the Revised Code.
(F) ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE STATE
ACQUIRES REAL
PROPERTY PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT
HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012
of the Revised Code.
Sec. 165.02. Section 13 of Article VIII, Ohio
Constitution, is in part implemented by this chapter in
furtherance of the public purposes of the state to create or
preserve jobs and employment opportunities and to improve the
economic welfare of the people of the state. An issuer acting
through its issuing authority may in accordance with Section 13
of Article VIII, Ohio Constitution:
(A) Acquire by gift or purchase and hold and mortgage real
estate and interests therein and personal property to be used as
a project or a part thereof;
(B) Purchase, construct, reconstruct, enlarge, improve,
furnish, and equip and lease, sell, exchange, and otherwise
dispose of projects or parts thereof for those of the purposes
set forth in Section 13 of Article VIII, Ohio Constitution that
are specified in the first sentence of this section, including,
without limitation thereto, the sale of projects by conditional
or installment sale, under which title may pass prior to or after
completion of construction of a project or payment or provision
for payment of all principal of, premium, if any, and interest on
the bonds, or at any other time provided in the agreement
pertaining to such sale, and including sale under an option to
purchase upon agreed terms which may include a price which may be
a nominal amount or less than true value at the time of purchase;
(C) Issue its bonds to provide funds, by loans or
otherwise, for acquiring, constructing, reconstructing,
enlarging, improving, furnishing, or equipping one or more
projects or parts thereof;
(D) Make loans for the acquisition, construction,
reconstruction, enlargement, improvement, furnishing, or
equipping of projects or parts thereof upon such terms as the
issuing authority may determine or authorize, including secured
or unsecured loans, and, in connection therewith, enter into loan
agreements and other agreements, accept notes or other forms of
obligation to evidence such indebtedness and security interests
to secure such indebtedness, and take such action as may be
considered by it appropriate to protect such security and
safeguard against losses, including, without limitation thereto,
foreclosure and the bidding upon and purchase of property upon
foreclosure or other sale;
(E) Enter into contracts and execute all instruments
necessary or appropriate to carry out the purposes of Chapter
165. of the Revised Code;
(F) Fix, alter, and collect rentals and other charges for
the use and occupancy of a project and lease the project to
others, including a contract with, or the granting of an option
to the lessee to purchase the project for such price as the
issuing authority in its sole discretion determines to be
appropriate, after retirement or redemption, or provision
therefor, of all the bonds of the issuer issued to provide funds
for the project;
(G) Retain, contract with, or employ and fix the
compensation of financial consultants, appraisers, accounting
experts, architects, engineers, attorneys at law, and other
employees, agents, and independent contractors as are necessary
in the judgment of the issuing authority to carry out the
provisions of Chapter 165. of the Revised Code;
(H) Pledge, assign, hypothecate, or otherwise encumber as
security for the bonds, the rentals, revenues, and other income,
charges, and moneys realized from the use, lease, sale, or other
disposition of one or more projects or parts thereof as may be
designated in the bond proceedings and enter into trust
agreements or indentures of mortgage for the benefit of
bondholders;
(I) Enter into appropriate arrangements with any federal
or state department or agency, county, township, municipal
corporation, or other political subdivision, taxing district, or
public body or agency for the planning and installation of
streets, roads, alleys, water supply and distribution facilities,
storm and sanitary sewage collection and disposal facilities, and
other necessary appurtenances to a project;
(J) Purchase fire and extended coverage and liability
insurance for a project, insurance protecting the issuer and its
officers and employees against liability for damage to property
or injury to or death of persons arising from the project, and
any other insurance the issuer may agree to provide under the
bond proceedings;
(K) Sell, lease, release, or otherwise dispose of real and
personal property or interests therein, or a combination thereof,
acquired by the issuer under authority of Chapter 165. of the
Revised Code and no longer needed for the purposes of such
chapter or of the issuer, and grant such easements and other
rights in, over, under, or across a project as will not interfere
with its use of such property. Such sale, lease, release,
disposition, or grant may be made without competitive bidding and
in such manner and for such consideration as the issuing
authority in its judgment deems appropriate;
(L) Do all other acts necessary or appropriate to carry
out those of the purposes of Section 13 of Article VIII, Ohio
Constitution that are specified in the first sentence of this
section, and the purposes of this chapter.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 175.04. The Ohio housing finance agency may:
(A) Adopt bylaws for the conduct of its business;
(B) Subject to sections 175.05 and 175.06 of the Revised
Code, purchase and contract to purchase loans or other evidence
of debt from, and make and contract to make loans to, or through,
lending institutions;
(C) Procure or require the procurement of insurance
against any loss in connection with its operations, including
without limitation the repayment of any loan, in such amounts and
from such insurers, including, without limitation, the federal
government, and pay any premiums therefor;
(D) Arrange for guarantees of its bonds by the federal
government or by any private insurer or others, and contract,
arrange for, make, or obtain letters of credit, agreements to
purchase, repurchase, remarket, and index bonds, investment
agreements, certificates of deposit, and other arrangements,
agreements, and instruments related to the security for, or
application or investment of funds pertaining to, the bonds, and
pay any premiums or other consideration therefor from the
proceeds of bonds or other revenues;
(E) Contract for the administration, origination, and
servicing of loans;
(F) Contract with, retain, or designate financial
consultants, accountants, and such other consultants and
independent contractors as the agency may determine to be
necessary or appropriate to carry out the purposes of this
chapter and to fix the terms thereof;
(G) Subject to the rights of holders of bonds, collect,
enforce the collection of, and foreclose on any collateral
securing loans and acquire or take possession of such collateral
and sell the same at public or private sale, and otherwise deal
with such collateral as may be necessary to protect the interest
of the agency and the holders of bonds;
(H) Subject to the rights of holders of bonds, consent to
any modification with respect to the rate of interest, time of
payment of any installment of principal or interest, security or
other term of any loan or commitment therefor or agreement of any
kind to which the agency is a party or beneficiary;
(I) Charge, alter, and collect fees, interest rates, or
other charges for loans, allocation of loan funds, purchases of
mortgage loans, processing services, or other services;
(J) Undertake and carry out or authorize the completion of
studies and analyses of housing conditions and needs within the
state relevant to the purpose of this chapter to the extent not
otherwise undertaken by other departments or agencies of the
state satisfactory for such purpose;
(K) Acquire by gift, purchase, foreclosure, or other
means, and hold, assign, pledge, lease, transfer, or otherwise
dispose of real and personal property, or any interest therein,
in the exercise of its powers and the performance of its duties
under this chapter;
(L) Receive and accept gifts, grants, loans, or any other
financial or other form of aid from any federal, state, local, or
private agency or fund and enter into any contract with any such
agency or fund in connection therewith, and receive and accept
aid or contributions from any other source of money, property,
labor or things of value, to be held, used, and applied only for
the purposes for which such grants and contributions are made,
all within the purposes of this chapter;
(M) Sue and be sued in its own name with respect to its
contracts or to enforce this chapter or its obligations or
covenants made under this chapter;
(N) Make and enter into all contracts, commitments, and
agreements, and execute all instruments necessary or incidental
to the performance of its duties and the execution of its powers
under this chapter;
(O) Adopt an official seal;
(P) In exercising its powers under this chapter, do all of
the following:
(1) Make noninterest-bearing advances or commitments
therefor from the housing development fund and from any other
sources available for that purpose, but not from the proceeds of
bonds to sponsors to pay those expenses which are necessary and
proper in connection with the preparation of applications for
financial assistance for housing developments, which may include
payments for options to purchase proposed housing development
sites, deposits on purchase contracts, payments for the purchase
of development sites, legal, organizational, and marketing
expenses, project manager and clerical staff salaries, office
rent, fees for preliminary feasibility studies, planning,
engineering, and architectural work, application and other fees
of federal, state, and local agencies. Advances shall be repaid
and in the event a mortgage loan or other permanent financing
becomes available to the recipient, whether from the agency or
any other source, for the cost of the housing development, the
advance shall be repaid in full to the agency out of such
proceeds. No advances shall be made unless the agency may
reasonably anticipate that assisted mortgage financing will be
obtained for the permanent financing of the development.
(2) Guarantee the repayment or make commitments to
guarantee the repayment of a loan or any part of a loan to a
sponsor, homeowner, or private developer from the agency or any
approved lender for paying the costs of the development of
housing for low and moderate income families or for financing
mortgages for housing for elderly and low or moderate income
families. The agency may enter into contracts with any lender or
borrower upon such terms and conditions as it may agree upon with
the lender or borrower to provide for the administration of the
loan guaranteed by the agency including applications and terms
for repayment. A loan so guaranteed shall be declared in default
after the expiration of a period of nonpayment prescribed by the
agency. The lender may then apply for payment of the loan or of
that portion of the loan which is in default. Upon determination
by the agency that the loan or portion of a loan is in default,
the agency shall pay from the housing guarantee fund created by
division (C) of section 175.10 of the Revised Code that amount
that was subject to guarantee by the agency.
(3) Use the reserve funds of the agency that are not raised by taxation
and that are not otherwise obligated for debt service to guarantee single
family mortgage revenue bonds issued by the agency.
(4) Make, undertake commitments to make, and participate
in the making of mortgage loans, including without limitation
federally insured mortgage loans, and to make temporary loans and
advances in anticipation of permanent mortgage loans to sponsors,
homeowners, and private developers to finance the construction or
rehabilitation of housing developments; provided, however, that
such loans shall be made only upon the determination by the
agency that mortgage loans are not otherwise available, wholly or
in part, from private lenders upon reasonably equivalent terms
and conditions;
(5) Provide such technical information, advice, and
assistance, on obtaining federal and state aid, as will encourage
or assist the planning, construction, rehabilitation, and
operation of housing for low and moderate income persons to
sponsors, homeowners, and private developers. For those
sponsors, homeowners, and private developers who may be eligible
for, or who obtain, financial assistance from the agency, or a
mortgage loan made by a lender under terms and conditions
established and enforced by the agency, the agency may provide
information, assistance, or instruction concerning agency
programs, eligibility requirements, application procedures, and
other such matters. The costs of such assistance may be paid
from any sources available to the agency for that purpose, but
not from the proceeds of bonds.
(6) Determine income limits for low and moderate income
persons and establish periodic reviews of income limits, which
income limits may vary from area to area within the state and
shall be based upon the factors enumerated in division (G) of
section 175.01 of the Revised Code;
(7) Establish, and close out such funds as would be
convenient and appropriate for the carrying out of the purposes
of Chapter 175. of the Revised Code;
(8) Invest in, purchase, and take assignments from lenders
of notes and mortgage loans including federally insured mortgage
loans or participations with lenders in such notes and mortgage
loans for the construction, rehabilitation, purchase, leasing, or
refinancing of housing developments in this state upon the terms
set forth in section 175.05 of the Revised Code;
(9) Sell at public or private sale, any mortgage or
mortgage backed securities held by the agency.
(Q) Do any and all things necessary or appropriate to
carry out the purposes and exercise the powers granted in this
chapter and the purposes of Section 14 of Article VIII, Ohio
Constitution.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 319.201. Whenever the state or any political
subdivision thereof acquires an easement, right, title, or
interest in a parcel or part of a parcel of real property, either
by deed of purchase or by order of court, upon which parcel of
real property the lien for taxes has attached under section
323.11 or 5727.06 of the Revised Code, the state agency or
political subdivision acquiring such real property shall file
evidence of title by purchase or by court order with the county
auditor of the county in which such property is located. Such
evidence of title shall contain a reference to the volume and
page of the recording of the next preceding recorded instrument
by or through which the grantor or previous property owner
acquired or claims title. Such evidence of title shall be
endorsed by the county auditor as provided in section 317.22 of
the Revised Code, and recorded as other instruments of conveyance
are recorded. ANY EVIDENCE OF TITLE TO REAL PROPERTY THAT THE STATE OR AN
AGENCY OF THE STATE FILES PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY
OF THE STATE THAT HAS THE USE AND BENEFIT OF THE PROPERTY AS SPECIFIED IN
SECTION 5301.012 of the Revised Code.
All taxes appearing on the current tax duplicate as owing
on such transferred parcel or part of parcel of real property
shall be due and payable as of the date of transfer or
acquisition of easement, right, or interest whichever is later.
Whenever said easement, right, or interest has been
acquired in a parcel or part of a parcel of real property after
the lien for taxes has attached and the taxes for said tax lien
year have not been determined, assessed, and levied for that
year, the county auditor, upon application of the grantee or the
grantor or property owner, shall make an estimate of the taxes
that will be assessed and levied against said parcel for the tax
lien year.
If the grantor or property owner has transferred only a
part of the parcel by easement, right, or interest in or to such
part of the parcel of real property to the state or a political
subdivision thereof, the county auditor shall apportion the tax
valuation of the parcel of real property proportionately between
the part acquired by the state or the political subdivision and
the residue remaining with the grantor. If such tax valuation of
the residue remaining with the property owner is sufficient to
support the taxes that are a lien or that are due and payable,
the lien for taxes shall attach to the residue part of the
parcel. If such apportioned assessed valuation of the part of
the parcel remaining with the grantor or property owner is not
sufficient to support the taxes on the parcel that are due and
payable and the proportionate amount of the estimated taxes that
are a lien but not determined, assessed, and levied, such taxes
shall immediately be due and payable; provided, that the grantor
or property owner shall be liable only for that portion of the
estimated taxes, for the period of the tax lien year preceding
the transfer or conveyance of the property to the state or the
political subdivision.
This section does not change the total amount of taxes,
special assessments, or other charges as originally levied, or
the total amount of the balance due. The auditor shall certify
such apportionments to the county treasurer.
Section 319.42 of the Revised Code applies to the
apportionment of special assessments.
Upon presentation of the executed instrument of conveyance
of an easement or the order of court conveying or granting such
an easement for highway purposes together with evidence or proof
showing that the proportionate amount of taxes, penalties, and
interest charged against the part of the whole parcel over which
the easement attaches and the proportionate amount of estimated
taxes to be levied and assessed against the part of the parcel
acquired for highway purposes have been paid or provision made
for the payment thereof, the county auditor shall reduce the tax
valuation of the parcel to reflect the value of the part or
portion used or occupied as a public highway in accordance with
section 5713.04 of the Revised Code.
The lien for taxes shall thereupon be extinguished as to
that part or portion acquired and used for public highway
purposes.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 901.63. (A) The agricultural financing commission shall do
both of the following until June 30, 1999:
(1) Make recommendations to the director of agriculture about financial
assistance applications made pursuant to
sections 901.80 to 901.83 of the Revised Code. In
making its recommendations, the commission shall
utilize criteria established by rules adopted under division
(A)(8)(b) of section 901.82 of the
Revised Code.
(2) Advise the director in the administration of sections 901.80 to 901.83
of the Revised Code.
With respect to sections 901.80 to 901.83 of the
Revised Code, the role of the
commission is solely advisory. No officer, member, or employee
of the commission is liable for damages in a civil action for any injury,
death, or loss to person or property that allegedly arises out of purchasing
any loan or providing a loan
guarantee, failure to purchase a loan or provide a loan guarantee, or failure
to take action under sections 901.80 to 901.83 of the Revised
Code, or that allegedly arises out of any act or
omission of the department of agriculture that involves those
sections.
(B) The commission may:
(1) Adopt bylaws for the conduct of its business;
(2) Exercise all rights, powers, and duties conferred on
the commission as an issuer under Chapter 902. of the Revised
Code;
(3) Contract with, retain, or designate financial
consultants, accountants, and such other consultants and
independent contractors as the commission may determine to be
necessary or appropriate to carry out the purposes of this
chapter and to fix the terms of those contracts;
(4) Undertake and carry out or authorize the completion of
studies and analyses of agricultural conditions and needs within
the state relevant to the purpose of this chapter to the extent
not otherwise undertaken by other departments or agencies of the
state satisfactory for such purpose;
(5) Acquire by gift, purchase, foreclosure, or other
means, and hold, assign, pledge, lease, transfer, or otherwise
dispose of real and personal property, or any interest in
that real and personal property,
in the exercise of its powers and the performance of its duties
under this chapter and Chapter 902. of the Revised Code;
(6) Receive and accept gifts, grants, loans, or any other
financial or other form of aid from any federal, state, local, or
private agency or fund and enter into any contract with any such
agency or fund in connection therewith, and receive and accept
aid or contributions from any other source of money, property,
labor or things of value, to be held, used, and applied only for
the purposes for which such grants and contributions are made,
all within the purposes of this chapter and Chapter 902. of the
Revised Code;
(7) Sue and be sued in its own name with respect to its
contracts or to enforce this chapter or its obligations or
covenants made under this chapter and Chapter 902. of the Revised
Code;
(8) Make and enter into all contracts, commitments, and
agreements, and execute all instruments necessary or incidental
to the performance of its duties and the execution of its powers
under this chapter and Chapter 902. of the Revised Code;
(9) Adopt an official seal;
(10) Do any and all things necessary or appropriate to
carry out the public purposes and exercise the powers granted to
the commission in this chapter and Chapter 902. of the Revised
Code and the public purposes of Section 13 of Article VIII, Ohio
Constitution.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 902.03. Section 13 of Article VIII, Ohio
Constitution, is in part implemented by this chapter in
furtherance of the public purposes of the state to create or
preserve jobs and employment opportunities or to improve the
economic welfare of the people of the state. Any issuer acting
through its issuing authority may in accordance with Section 13
of Article VIII, Ohio Constitution:
(A) Acquire by gift or purchase and hold and mortgage real
estate and interests therein and personal property to be used as
a project;
(B) Purchase, construct, reconstruct, enlarge, improve,
furnish, and equip and lease, sell, exchange, and otherwise
dispose of projects including, without limitation, the sale of
projects by conditional or installment sale under which title may
pass prior to or after completion of construction of a project or
payment or provision for payment of all principal of, premium, if
any, and interest on the bonds, or at any other time provided in
the agreement pertaining to such sale, and including sale under
an option to purchase upon agreed terms which may include a price
which may be a nominal amount or less than true value at the time
of purchase;
(C) Issue its bonds pursuant to a composite financing
arrangement or otherwise to provide funds, by loans or otherwise,
for acquiring, constructing, reconstructing, enlarging,
improving, furnishing, or equipping one or more projects or parts
thereof;
(D) Subject to division (D)(1) of section 902.04 of the
Revised Code, issue its bonds pursuant to a composite financing
arrangement for a group of loans submitted by or through a single
lending institution, or with credit enhancement from a single
lending institution or other person, to provide funds for
acquiring, constructing, reconstructing, enlarging, improving,
furnishing, or equipping one or more projects or parts thereof;
(E) Make loans for the acquisition, construction,
reconstruction, enlargement, improvement, furnishing, or
equipping of projects upon such terms as the issuing authority
may determine or authorize, including secured or unsecured loans,
and, in connection therewith, enter into loan agreements and
other agreements, accept notes or other forms of obligation to
evidence such indebtedness and security interests to secure such
indebtedness, and take such action as may be considered by it
appropriate to protect such security and safeguard against
losses, including without limitation, foreclosure and the bidding
upon and purchase of property upon foreclosure or other sale;
(F) Enter into contracts and execute all instruments
necessary or appropriate to carry out the purposes of this
chapter;
(G) Fix, alter, and collect rentals and other charges for
the use and occupancy of a project and lease the project to
others, including a contract with, or the granting of an option
to the lessee to purchase the project for such price as the
issuing authority in its sole discretion determines to be
appropriate, after retirement or redemption, or provision
therefor, of all the bonds of the issuer issued to provide funds
for the project;
(H) Retain, contract with, or employ and fix the
compensation of financial consultants, appraisers, accounting
experts, architects, engineers, and other employees, agents, and
independent contractors as are necessary in the judgment of the
issuing authority to carry out the provisions of this chapter;
(I) Pledge, assign, hypothecate, or otherwise encumber as
security for the bonds, the rentals, revenues, and other income,
charges, and moneys realized from the use, lease, sale, or other
disposition of one or more projects or parts thereof as may be
designated in the bond proceedings and enter into trust
agreements or indentures of mortgage for the benefit of
bondholders;
(J) Enter into appropriate arrangements with any federal
or state department or agency, county, township, municipal
corporation, or other political subdivision, taxing district or
public body or agency for the planning and installation of
streets, roads, alleys, water supply and distribution facilities,
storm and sanitary sewage collection and disposal facilities, and
other necessary appurtenances to a project;
(K) Purchase fire and extended coverage and liability
insurance for a project, insurance protecting the issuer and its
officers and employees against liability for damage to property
or injury to or death of persons arising from the project, and
any other insurance the issuer may agree to provide under the
bond proceedings;
(L) Sell, lease, release, or otherwise dispose of real and
personal property or interests therein, or a combination thereof,
acquired by the issuer under authority of this chapter, and grant
such easements and other rights in, over, under, or across a
project as will not interfere with its use of such property,
which sale, lease, release, disposition, or grant may be made
without competitive bidding and in such manner and for such
consideration as the issuing authority in its judgment deems
appropriate;
(M) Purchase and contract to purchase loans or other
evidence of debt from, and make and contract to make loans to or
through lending institutions;
(N) Procure or require the procurement of insurance
against any loss in connection with its operations, including
without limitation the repayment of any loan, in such amount and
from such insurers, including without limitation, the federal
government, and pay any premiums therefor;
(O) Arrange for guarantees of its bonds by the federal
government or by any private insurer or others, and contract,
arrange for, make, or obtain letters of credit, agreements to
purchase, repurchase, remarket, and index bonds, investment
agreements, certificates of deposit, and other arrangements,
agreements, and instruments related to the security for, or
application or investment of funds pertaining to, bonds and pay
any premiums or other consideration therefor from the proceeds of
bonds or other revenues;
(P) Enter into reimbursement agreements, credit
agreements, escrow agreements and such other contracts and
agreements as appropriate, do all things necessary or appropriate
and permitted by law to carry out such agreements, arrangements,
and contracts, including the issuance of bonds in consideration
of advances made under such agreements, arrangements, and
contracts, and assign or direct the assignment of the right of
the issuer with respect to such credit facilities and authorize
its designated agents to draw upon such credit facilities;
(Q) Contract for the administration, origination, and
servicing of loans and determine rates, fees, charges, and other
terms and conditions in connection therewith;
(R) Subject to the rights of holders of bonds, collect,
enforce the collection of, and foreclose on any collateral
securing loans and acquire or take possession of such collateral
and sell the same at public or private sale, and otherwise deal
with such collateral as may be necessary to protect the interests
of the issuer and the holders of bonds;
(S) Subject to the rights of holders of bonds, consent to
any modification with respect to the rate of interest, time of
payment or any installment of principal or interest, security or
other term of any loan or commitment therefor or agreement of any
kind to which the issuer is a party or beneficiary;
(T) Fix, charge, alter, and collect fees, interest rates,
or other charges on bonds, loans, the allocation of loan funds,
purchases of mortgage loans, processing services, or other
services;
(U) Do all other acts necessary or appropriate to carry
out the public purposes of Section 13 of Article VIII, Ohio
Constitution and this chapter.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 991.07. The Ohio expositions commission may, with the consent and
approval of the department of administrative services and the controlling
board, acquire by purchase or by appropriation proceedings in the name of and
on behalf of the state such real estate as it deems necessary for the purpose
of enlarging the present fair site and increasing the facilities of the
lands under the management or maintenance of the commission. The authority to
appropriate property shall be exercised in the manner provided in sections
163.01 to 163.22 of the Revised Code.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 1501.01. Except where otherwise expressly provided,
the director of natural resources shall formulate and institute
all the policies and programs of the department of natural
resources. The chief of any division of the department shall not
enter into any contract, agreement, or understanding unless it is
approved by the director.
The director shall correlate and coordinate the work and
activities of the divisions in his THE department to eliminate
unnecessary duplications of effort and overlapping of functions.
The chiefs of the various divisions of the department shall meet
with the director at least once each month at a time and place
designated by the director.
The director may create advisory boards to any of those
divisions in conformity with section 121.13 of the Revised Code.
The director may accept and expend gifts, devises, and
bequests of money, lands, and other properties on behalf of the
department or any division thereof under the terms set forth in
section 9.20 of the Revised Code. Any political subdivision of
this state may make contributions to the department for the use
of the department or any division therein according to the terms
of the contribution.
The director may publish and sell or otherwise distribute
data, reports, and information.
The director shall adopt rules in accordance with Chapter
119. of the Revised Code to permit the department to accept by
means of a credit card the payment of fees, charges, and rentals
at those facilities described in section 1501.07 of the Revised
Code that are operated by the department, for any data, reports,
or information sold by the department, and for any other goods or
services provided by the department.
Whenever authorized by the governor to do so, the director
may appropriate property for the uses and purposes authorized to
be performed by the department and on behalf of any division
within the department. This authority shall be exercised in the
manner provided in sections 163.01 to 163.22 of the Revised Code
for the appropriation of property by the director of
administrative services. This authority to appropriate property
is in addition to the authority provided by law for the
appropriation of property by divisions of the department. The
director of natural resources also may acquire by purchase,
lease, or otherwise such real and personal property rights or
privileges in the name of the state as are necessary for the
purposes of the department or any division therein. The
director, with the approval of the governor and the attorney
general, may sell, lease, or exchange portions of lands or
property, real or personal, of any division of the department or
grant easements or licenses for the use thereof, or enter into
agreements for the sale of water from lands and waters under the
administration or care of the department or any of its divisions,
when the sale, lease, exchange, easement, agreement, or license
for use is advantageous to the state, provided that such approval
is not required for leases and contracts made under sections
1501.07, 1501.09, 1507.12, or 1520.03 or Chapter 1523. of the
Revised Code. Water may be sold from a reservoir only to the
extent that the reservoir was designed to yield a supply of water
for a purpose other than recreation or wildlife, and the water
sold is in excess of that needed to maintain the reservoir for
purposes of recreation or wildlife.
Money received from such sales, leases, easements,
exchanges, agreements, or licenses for use, except revenues
required to be set aside or paid into depositories or trust funds
for the payment of bonds issued under sections 1501.12 to 1501.15
of the Revised Code, and to maintain the required reserves
therefor as provided in the orders authorizing the issuance of
such bonds or the trust agreements securing such bonds, revenues
required to be paid and credited pursuant to the bond proceeding
applicable to obligations issued pursuant to section 154.22, and
revenues generated under section 1520.05 of the Revised Code,
shall be deposited in the state treasury to the credit of the
fund of the division of the department having prior jurisdiction
over the lands or property. If no such fund exists, the money
shall be credited to the general revenue fund. All such money
received from lands or properties administered by the division of
wildlife shall be credited to the wildlife fund.
The director shall provide for the custody, safekeeping,
and deposit of all moneys, checks, and drafts received by the
department or its employees prior to paying them to the treasurer
of state under section 113.08 of the Revised Code.
The director shall cooperate with the nature conservancy,
other nonprofit organizations, and the United States fish and
wildlife service in order to secure protection of islands in the
Ohio river and the wildlife and wildlife habitat of those
islands.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 1514.301. ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT
TO SECTION 1514.30 of the Revised Code SHALL IDENTIFY ANY AGENCY
OF THE STATE THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN
SECTION 5301.012 of the Revised Code.
Sec. 1515.08. The supervisors of a soil and water
conservation district have the following powers in addition to
their other powers:
(A) To conduct surveys, investigations, and research
relating to the character of soil erosion, floodwater and
sediment damages, and the preventive and control measures and
works of improvement for flood prevention and the conservation,
development, utilization, and disposal of water needed within the
district, and to publish the results of those surveys,
investigations, or research, provided that no district shall
initiate any research program except in cooperation or after
consultation with the Ohio agricultural research and development
center;
(B) To develop plans for the conservation of soil
resources, for the control and prevention of soil erosion, and
for works of improvement for flood prevention and the
conservation, development, utilization, and disposal of water
within the district, and to publish those plans and information;
(C) To implement, construct, repair, maintain, and operate
preventive and control measures and other works of improvement
for natural resource conservation and development and flood
prevention, and the conservation, development, utilization, and
disposal of water within the district on lands owned or
controlled by this state or any of its agencies and on any other
lands within the district, which works may include any facilities
authorized under state or federal programs, and to acquire, by
purchase or gift, to hold, encumber, or dispose of, and to lease
real and personal property or interests in such property for
those purposes;
(D) To cooperate or enter into agreements with any
occupier of lands within the district in the carrying on of
natural resource conservation operations and works of improvement
for flood prevention and the conservation, development,
utilization, and management of natural resources within the
district, subject to such conditions as the supervisors consider
necessary;
(E) To accept donations, gifts, grants, and contributions
in money, service, materials, or otherwise, and to use or expend
them according to their terms;
(F) To adopt, amend, and rescind rules to carry into
effect the purposes and powers of the district;
(G) To sue and plead in the name of the district, and be
sued and impleaded in the name of the district, with respect to
its contracts and, as indicated in section 1515.081 of the
Revised Code, certain torts of its officers, employees, or agents
acting within the scope of their employment or official
responsibilities, or with respect to the enforcement of its
obligations and covenants made under this chapter;
(H) To make and enter into all contracts, leases, and
agreements and execute all instruments necessary or incidental to
the performance of the duties and the execution of the powers of
the district under this chapter, provided that all of the following
apply:
(1) Except as provided in section 307.86 of the Revised Code regarding
expenditures by boards of county commissioners, when the cost under any
such contract, lease, or
agreement, other than compensation for personal services or
rental of office space, involves an expenditure of more than the amount
established in that section regarding expenditures
by boards of county commissioners, the supervisors shall make a written
contract
with the lowest and best bidder after advertisement, for not less
than two nor more than four consecutive weeks preceding the day
of the opening of bids, in a newspaper of general circulation
within the district and in such other publications as the
supervisors determine. The notice shall state the general
character of the work and materials to be furnished, the place
where plans and specifications may be examined, and the time and
place of receiving bids.
(2) Each bid for a contract shall contain the full name of
every person interested in it;
(3) Each bid for a contract for the construction,
demolition, alteration, repair, or reconstruction of an
improvement shall meet the requirements of section 153.54 of the
Revised Code;
(4) Each bid for a contract, other than a contract for the
construction, demolition, alteration, repair, or reconstruction
of an improvement, at the discretion of the supervisors, may be
accompanied by a bond or certified check on a solvent bank in an
amount not to exceed five per cent of the bid, conditioned that,
if the bid is accepted, a contract shall be entered into;
(5) The supervisors may reject any and all bids.
(I) To make agreements with the department of natural
resources giving it control over lands of the district for the
purpose of construction of improvements by the department under
section 1501.011 of the Revised Code;
(J) To charge, alter, and collect rentals and other
charges for the use or services of any works of the district;
(K) To enter, either in person or by designated
representatives, upon lands, private or public, in the necessary
discharge of their duties;
(L) To enter into agreements or contracts with the
department for the determination, implementation, inspection, and
funding of agricultural pollution abatement and urban sediment
pollution abatement measures whereby landowners, operators,
managers, and developers may meet adopted state standards for a
quality environment, except that failure of a district board of
supervisors to negotiate an agreement or contract with the
department shall authorize the division of soil and water
conservation to implement the required program;
(M) To conduct demonstrations and provide information to
the public regarding practices and methods for natural resource
conservation, development, and utilization;
(N) Until June 1, 1996, to conduct surveys and
investigations relating to the incidence of the multiflora rose
within the district and of the nature and extent of the adverse
effects of the multiflora rose on agriculture, forestry,
recreation, and other beneficial land uses;
(O) Until June 1, 1996, to develop plans for the control
of the multiflora rose within the district and to publish those
plans and information related to control of the multiflora rose;
(P) Until June 1, 1996, to enter into contracts or
agreements with the chief of the division of soil and water
conservation to implement and administer a program for control of
the multiflora rose and to receive and expend funds provided by
the chief for that purpose;
(Q) Until June 1, 1996, to enter into cost-sharing
agreements with landowners for control of the multiflora rose.
Before entering into any such agreement, the board of supervisors
shall determine that the landowner's application meets the
eligibility criteria established under division (E)(6) of section
1511.02 of the Revised Code. The cost-sharing agreements shall
contain the contract provisions required by the rules adopted
under that division and such other provisions as the board of
supervisors considers appropriate to ensure effective control of
the multiflora rose.
(R) To enter into contracts or agreements with the chief
to implement and administer a program for urban sediment
pollution abatement and to receive and expend moneys provided by
the chief for that purpose;
(S) To develop operation and management plans, as defined
in section 1511.01 of the Revised Code, as necessary;
(T) To determine whether operation and management plans
developed under division (A) of section 1511.021 of the Revised
Code comply with the standards established under division (E)(1)
of section 1511.02 of the Revised Code and to approve or
disapprove the plans, based on such compliance. If an operation
and management plan is disapproved, the board shall provide a
written explanation to the person who submitted the plan. The
person may appeal the plan disapproval to the chief, who shall
afford the person a hearing. Following the hearing, the chief
shall uphold the plan disapproval or reverse it. If the chief
reverses the plan disapproval, the plan shall be deemed approved
under this division. In the event that any person operating or
owning agricultural land or a concentrated animal feeding
operation in accordance with an approved operation and management
plan who, in good faith, is following that plan, causes
agricultural pollution, the plan shall be revised in a fashion
necessary to mitigate the agricultural pollution, as determined
and approved by the board of supervisors of the soil and water
conservation district.
(U) With regard to composting conducted in conjunction
with agricultural operations, to do all of the following:
(1) Upon request or upon their own initiative, inspect
composting at any such operation to determine whether the
composting is being conducted in accordance with section 1511.022
of the Revised Code;
(2) If the board determines that composting is not being
so conducted, request the chief to issue an order under division
(H) of section 1511.02 of the Revised Code requiring the person
who is conducting the composting to prepare a composting plan in
accordance with rules adopted under division (E)(10)(c) of that
section and to operate in accordance with that plan or to operate
in accordance with a previously prepared plan, as applicable;
(3) In accordance with rules adopted under division
(E)(10)(c) of section 1511.02 of the Revised Code, review and
approve or disapprove any such composting plan. If a plan is
disapproved, the board shall provide a written explanation to the
person who submitted the plan.
As used in division (U) of this section, "composting"
has the same meaning as in section 1511.01 of the Revised Code.
(V) To do all acts necessary or proper to carry out the
powers granted in this chapter.
The director of natural resources shall make
recommendations to reduce the adverse environmental effects of
each project that a soil and water conservation district plans to
undertake under division (A), (B), (C), or (D) of this section
and that will be funded in whole or in part by moneys authorized
under section 1515.16 of the Revised Code and shall disapprove
any such project that the director finds will adversely
affect the
environment without equal or greater benefit to the public. The
director's disapproval or recommendations, upon the request of
the district filed in accordance with rules adopted by the Ohio
soil and water conservation commission, shall be reviewed by the
commission, which may confirm the director's decision, modify it,
or add recommendations to or approve a project the director has
disapproved.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 1517.17. The chief of the division of natural areas and preserves may
administer federal
financial assistance programs for wild, scenic, and recreational river areas.
The director of natural resources may make a lease or agreement with a
political subdivision to
administer all or part of a wild, scenic, or recreational river area.
The director may acquire real property or any estate, right, or interest
therein for protection and public recreational use as a wild, scenic, or
recreational river area.
The chief may expend funds for the acquisition, protection, construction,
maintenance, and administration of real property and public use facilities in
wild, scenic, or recreational river areas when the funds are so appropriated
by the general assembly. The chief may condition such expenditures,
acquisition of land or easements, or construction of facilities within a wild,
scenic, or recreational river area upon adoption and enforcement of adequate
floodplain zoning rules.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 1519.02. The director of natural resources may acquire real property or
any estate, right, or interest therein for the purpose of establishing,
protecting, and maintaining any state recreational trail. The director may
appropriate real property or any estate, right, or interest therein for trail
purposes only along a canal, watercourse, stream, existing or abandoned road,
highway, street, logging road, railroad, or ridge or other landform or
topographic feature particularly suited for nonmotorized vehicular
recreational use, and may not appropriate more than twenty-five acres
including land purchased with or without appropriation proceedings along any
mile of trail. Any state department or agency or any political subdivision
may transfer real property or any estate, right, or interest therein to the
director for such purpose, or may enter into an agreement with the director
for the establishment, protection, and maintenance of a trail. The director
may transfer real property or any estate, right, or interest therein to any
political subdivision pursuant to an agreement whereby the political
subdivision maintains and protects a trail. The director may enter into
agreements with private organizations or with agencies of the United States to
provide for maintenance of any trail or section thereof. He THE
DIRECTOR shall provide
campsites, shelters, footbridges, water, sanitary, watercraft launching, and
other facilities for recreational use, nature and historical interpretation,
and administration of the state trails system. He THE DIRECTOR
may cooperate with the
director of highways TRANSPORTATION in providing appropriate
means for trails to cross
highways. The director may restore historical sites along a trail. He
THE DIRECTOR shall
publish and distribute maps, guides, pamphlets, and other interpretative
literature on the state trails system and on individual trails which he
THE DIRECTOR
considers suitable for extensive public use.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 1523.01. In addition to all other powers granted to
and duties devolving upon the chief of the division of water,
when in his THE CHIEF'S judgment it is for the public welfare
and the best
interests of the citizens of the state that the surplus, flood,
and other waters of any of the watersheds, rivers, streams,
watercourses, or public waters should be conserved, impounded,
and stored in order to insure and promote the public health,
welfare, and safety and to encourage and promote agriculture,
commerce, manufacturing, and other public purposes, such chief
shall proceed in furtherance of the purposes of sections 1523.01
to 1523.13 of the Revised Code, and for the preservation of the
use of such waters for navigation, in case such waters are
required for navigation, to construct such reservoirs, dams,
storage basins, dikes, canals, raceways, and other improvements
as are necessary for such purposes, or he THE CHIEF may make
additions to,
enlarge, and make alterations in and upon such reservoirs, dams,
storage basins, dikes, canals, raceways, and other improvements
already in existence and constituting a part of the public works,
as are necessary for such purposes. Any rights or privileges
granted by sections 1523.01 to 1523.13 of the Revised Code, shall
not interfere with the control and maintenance of the state
reservoirs or public parks which have been dedicated to the
public for purposes of recreation and pleasure.
Said chief, subject to the written approval of the director
of natural resources and the governor, may acquire by gift,
purchase, or by appropriation proceedings, in the name of and on
behalf of the state, such real and personal property, rights,
privileges, and appurtenances as are necessary in his THE
CHIEF'S judgment
for the construction of such reservoirs, dams, storage basins,
dikes, canals, raceways, and other improvements, or for the
alteration, enlargement, or maintenance of existing reservoirs,
dams, and other improvements, together with such rights of way,
drives, and roadways as are necessary for convenient access
thereto. The appropriation proceedings referred to in this
section shall be restricted to private property only.
Before proceeding to purchase or appropriate any such
property or rights, the cost of which, together with the land or
real estate necessary upon which to locate and construct such
improvements, including damages to remaining property, is in
excess of one thousand dollars, the chief shall prepare plans,
specifications, and estimates of such cost, including all
material and labor therefor, together with the cost of such land
or real estate and damages, and shall thereupon submit such
plans, specifications, and estimates to the director, who in turn
shall submit them to the governor for approval.
The governor shall thereupon publish written notice once a
week for two consecutive weeks in a newspaper published in and of
general circulation in the counties where any such improvements
are proposed to be constructed, setting forth the location and
character of the proposed improvements, that the plans,
specifications, and estimates therefor are on file in his THE
GOVERNOR'S office,
and that objections thereto will be heard by him THE GOVERNOR on
a day to be
named in said notice, which day shall be not less than ten nor
more than twenty days after the first publication thereof. Within
thirty days after the date fixed for said hearing, the governor
shall return such plans, specifications, and estimates to the
director, with his THE GOVERNOR'S written approval or rejection
thereof indorsed
thereon. The director shall immediately return such plans,
specifications, and estimates, together with the governor's
indorsement thereon, to the chief.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 1545.12. If (A) EXCEPT AS PROVIDED IN DIVISION
(B) OF THIS SECTION, IF the board of park commissioners finds
that any lands which they have THAT IT HAS acquired are not
necessary for the
purposes for which they were acquired by such THE board, it may
sell
and dispose of such THE lands upon such terms as
the board
deems CONSIDERS
advisable. The board may also MAY lease or permit the use of
any
lands for purposes not inconsistent with the purposes for which
such THE lands were acquired, and upon such terms
as the board deems CONSIDERS
advisable. No lands shall be sold PURSUANT TO THIS DIVISION without
first giving notice of
the board's intention to sell such THE lands by publication once
a
week for four consecutive weeks in not less than two English
newspapers of general circulation in such THE district.
Such THE notice
shall contain an accurate description of the lands in question
and shall state the time and place at which sealed bids will be
received for the purchase thereof OF THE LANDS, and
such THE lands shall not
thereafter be sold at private sale for less than the best and
highest bid so received without giving further notice as
specified in this section DIVISION.
(B)(1) AFTER COMPLIANCE WITH DIVISION (B)(2) OF THIS
SECTION, THE BOARD OF PARK COMMISSIONERS MAY SELL LAND UPON TERMS THE
BOARD CONSIDERS ADVISABLE TO ANY PARK DISTRICT ESTABLISHED UNDER SECTION
511.18 OR CHAPTER 1545. of the Revised Code, ANY POLITICAL SUBDIVISION OF THE STATE,
THE STATE OR ANY DEPARTMENT OR AGENCY OF THE STATE, OR ANY DEPARTMENT OR
AGENCY OF THE FEDERAL GOVERNMENT FOR CONSERVATION USES OR FOR PARK OR
RECREATION PURPOSES WITHOUT THE NECESSITY OF HAVING TO COMPLY WITH
DIVISION (A) OF THIS SECTION.
(2) BEFORE THE BOARD OF PARK COMMISSIONERS MAY SELL LAND UNDER DIVISION
(B)(1) OF THIS SECTION, THE BOARD SHALL OFFER THE LAND FOR SALE TO
EACH OF THE FOLLOWING PUBLIC AGENCIES THAT IS AUTHORIZED TO ACQUIRE, DEVELOP,
AND MAINTAIN LAND FOR CONSERVATION USES OR FOR PARK OR RECREATION PURPOSES:
EACH PARK DISTRICT ESTABLISHED UNDER SECTION 511.18 OR CHAPTER 1545.
of the Revised Code OR POLITICAL SUBDIVISION IN WHICH THE LAND IS LOCATED, EACH PARK DISTRICT
THAT IS SO ESTABLISHED AND THAT ADJOINS OR EACH POLITICAL SUBDIVISION THAT
ADJOINS A PARK DISTRICT SO ESTABLISHED OR POLITICAL SUBDIVISION IN WHICH THE
LAND IS LOCATED,
AND EACH AGENCY OR DEPARTMENT OF THE STATE OR OF THE FEDERAL GOVERNMENT THAT
OPERATES PARKS OR CONSERVATION OR RECREATION AREAS NEAR THE LAND. THE BOARD
SHALL MAKE THE OFFER BY GIVING A WRITTEN NOTICE THAT THE LAND IS AVAILABLE FOR
SALE, BY FIRST CLASS MAIL, TO THESE PUBLIC AGENCIES. A FAILURE OF DELIVERY OF
THE WRITTEN NOTICE TO ANY OF THESE PUBLIC AGENCIES DOES NOT INVALIDATE ANY
PROCEEDINGS FOR THE SALE OF LAND UNDER THIS DIVISION. ANY PUBLIC AGENCY THAT
IS SO NOTIFIED AND THAT WISHES TO PURCHASE THE LAND SHALL
MAKE AN OFFER TO THE BOARD IN WRITING NOT LATER THAN SIXTY DAYS AFTER
RECEIVING THE WRITTEN NOTICE.
IF THERE IS ONLY ONE OFFER TO PURCHASE THE LAND MADE IN THAT SIXTY-DAY
PERIOD, THE BOARD NEED NOT HOLD A PUBLIC HEARING ON THE OFFER. THE BOARD
SHALL ACCEPT THE OFFER ONLY IF IT DETERMINES THAT ACCEPTANCE OF THE OFFER WILL
RESULT IN THE BEST PUBLIC USE OF THE LAND.
IF THERE IS MORE THAN ONE OFFER TO PURCHASE THE LAND MADE IN THAT SIXTY-DAY
PERIOD, THE BOARD SHALL NOT
ACCEPT ANY OFFER UNTIL THE BOARD HOLDS A PUBLIC HEARING ON THE OFFERS. IF,
AFTER THE HEARING, THE BOARD DECIDES TO ACCEPT AN OFFER, IT SHALL ACCEPT THE
OFFER THAT IT DETERMINES WILL RESULT IN THE BEST PUBLIC USE OF THE LAND.
(C) No such lands shall be sold UNDER THIS SECTION at
either public or private
sale without the approval of the probate court of the county in
which such THE lands are situated.
Sec. 1551.12. The director of development may:
(A) Seek, solicit, or acquire personal property or any
estate, interest, or right in real property, or services, funds,
and other things of value of any kind or character by purchase,
lease, gift, grant, contribution, exchange, or otherwise from any
person or governmental agency to be held, used, and applied in
accordance with and for the purposes of this chapter;
(B) Contract for the operation of, and establish rules for
the use of, facilities over which he THE DIRECTOR has
supervision or control,
which rules may include the limitation of ingress to or egress
from such facilities as may be necessary to maintain the security
of such facilities and to provide for the safety of those on the
premises of such facilities;
(C) Purchase such fire and extended coverage insurance and
insurance protecting against liability for damage to property or
injury to or death of persons as the director may consider
necessary and proper under this chapter;
(D) Sponsor, conduct, assist, and encourage conferences,
seminars, meetings, institutes, and other forms of meetings;
authorize, prepare, publish, and disseminate any form of studies,
reports, and other publications; originate, prepare, and assist
proposals for the expenditure or granting of funds by any
governmental agency or person for purposes of energy resource
development; and investigate, initiate, sponsor, participate in,
and assist with cooperative activities and programs involving
governmental agencies and other entities of other states and
jurisdictions;
(E) Do all acts and things necessary and proper to carry
out the powers granted and the duties imposed by this chapter;
(F) Make grants of funds to any person, organization, or
governmental agency of the state for the furnishing of goods or
performance of services.
Any person or governmental agency that receives funds from
the department of development, or utilizes the facilities of the
department under this chapter shall agree in writing that all
know-how, trade secrets, and other forms of property, rights, and
interest arising out of developments, discoveries, or inventions,
including patents, copyrights, or royalties thereon, which result
in whole or in part from research, studies, or testing conducted
by use of such funds or facilities shall be the sole property of
the department, except as may be otherwise negotiated and
provided by contract in advance of such research, studies, or
testing. However, such exceptions do not apply to the director
or employees of the department participating in or performing
research, tests, or studies.
Rights retained by the department may be assigned,
licensed, transferred, sold, or otherwise disposed of, in whole
or in part, to any person or governmental agency. Except as
otherwise provided in section 1551.36 of the Revised Code, any
and all income, royalties, or proceeds derived or retained from
such dispositions shall be paid to the state and credited to the
general revenue fund.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 3301.481. ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT
TO SECTION 3301.48 of the Revised Code SHALL IDENTIFY ANY
AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS
SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 3354.09. The board of trustees of a community college
district may:
(A) Own and operate a community college, pursuant to an
official plan prepared and approved in accordance with section
3354.07 of the Revised Code, or enter into a contract with a
generally accredited public university or college for operation
of such community college by such university or college pursuant
to an official plan prepared and approved in accordance with
section 3354.07 of the Revised Code;
(B) Hold, encumber, control, acquire by donation,
purchase, or condemnation, construct, own, lease, use, and sell
real and personal property as is necessary for the conduct of the
program of the community college on whatever terms and for
whatever consideration may be appropriate for the purpose of the
college;
(C) Accept gifts, grants, bequests, and devises absolutely
or in trust for support of the college during the existence of
the college;
(D) Appoint the administrative officers, faculty, and
staff, necessary and proper for such community college, and fix
their compensation except in instances in which the board of
trustees has delegated such powers to a college or university
operating such community college pursuant to a contract entered
into by the board of trustees of the district;
(E) Provide for a community college necessary lands,
buildings or other structures, equipment, means, and appliances;
(F) Develop and adopt, pursuant to the official plan, the
curricular programs identified in section 3354.01 of the Revised
Code as arts and sciences programs and technical programs, or
either. Such programs may include adult-education programs.
(G) Except as provided in section 3333.17 of the Revised
Code, establish schedules of fees and tuition for students who
are residents of the district, residents of Ohio but not of the
district, and students who are nonresidents of Ohio. The
establishment of rules governing the determination of residence
shall be subject to approval of the Ohio board of regents.
Students who are nonresidents of Ohio shall be required to pay
higher rates of fees and tuition than the rates required of
students who are residents of Ohio but not of the district, and
students who are residents of the district shall pay a smaller
tuition and fee rate than the rate for either category of
nonresident students.
(H) Authorize, approve, ratify, or confirm any agreement
relating to any such community college with the United States
government, acting through any agency of such government
designated or created to aid in the financing of such projects,
or with any person or agency offering grants in aid in financing
such educational facilities or the operation of such facilities
except as prohibited in division (K) of this section.
Such agreement may include a provision for repayment of
advances, grants, or loans made to any community college district
from funds which may become available to it.
When the United States government or its agent makes a
grant of money to any community college district to aid in paying
the cost of any projects of such district, or enters into an
agreement with the community college district for the making of
any such grant of money, the amount thereof is deemed
appropriated for such purpose by the community college district
and is deemed in process of collection within the meaning of
section 5705.41 of the Revised Code.
(I) Grant appropriate certificates of achievement to
students successfully completing the community college programs;
(J) Prescribe rules for the effective operation of a
community college and exercise such other powers as are necessary
for the efficient management of such college;
(K) Receive and expend gifts or grants from the state for
the payment of operating costs, for the acquisition,
construction, or improvement of buildings or other structures, or
for the acquisition or use of land. In no event shall state
gifts or grants be expended for the support of adult-education
programs. Gifts or grants from the state for operating costs
shall not in any biennium exceed the amount recommended by the
Ohio board of regents to the governor as provided in Chapter
3333. of the Revised Code. Such gifts or grants shall be
distributed to such districts in equal quarter-annual payments,
unless otherwise provided or authorized in any act appropriating
moneys for such purposes, on or before the last day of February,
May, August, and November in each year.
(L) Retain consultants in the fields of education,
planning, architecture, law, engineering, or other fields of
professional skill;
(M) Purchase:
(1) A policy or policies of insurance insuring the
district against loss of or damage to property, whether real,
personal, or mixed, which is owned by the district or leased by
it as lessee or which is in the process of construction by or for
the district;
(2) A policy or policies of fidelity insurance in such
amounts and covering such trustees, officers, and employees of
the district as it considers necessary or desirable;
(3) A policy or policies of liability insurance from an
insurer or insurers licensed to do business in this state
insuring its members, officers, and employees against all civil
liability arising from an act or omission by the member, officer,
or employee when the member, officer, or employee is not acting
manifestly outside the scope of his employment or official
responsibilities with the institution, with malicious purpose or
bad faith, or in a wanton or reckless manner, or may otherwise
provide for the indemnification of such persons against such
liability. All or any portion of the cost, premium, or charge
for such a policy or policies or indemnification payment may be
paid from any funds under the institution's control. The policy
or policies of liability insurance or the indemnification policy
of the institution may cover any risks including, but not limited
to, damages resulting from injury to property or person,
professional liability, and other special risks, including legal
fees and expenses incurred in the defense or settlement of claims
for such damages.
(4) A policy or policies of insurance insuring the
district against any liabilities to which it may be subject on
account of damage or injury to persons or property, including
liability for wrongful death.
(N) Designate one or more employees of the institution as
state university law enforcement officers, to serve and have
duties as prescribed in section 3345.04 of the Revised Code.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 3354.13. The ownership of a community college created and established
pursuant to provisions of sections 3354.02 and 3354.04 of the Revised Code,
including all right, title, and interest in and to all property, both real and
personal, pertaining thereto, shall be vested in the board of trustees of the
community college district in which such college is situated, except as may be
provided in a contract entered into under the authority of division (A) of
section 3354.09 of the Revised Code. The board may acquire by appropriation
any land, rights, rights of way, franchises, easements, or other property
necessary or proper for the construction or the efficient operation of any
facility of the community college district, pursuant to the procedure provided
in section 5537.06 of the Revised Code, with respect to the Ohio turnpike
commission, and insofar as such procedure is applicable.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 3355.06. The managing authority of the university
branch district shall adopt its own rules governing proceedings,
designate the permanent place of business of the district, and
keep a record of all its proceedings. Such record shall be open
for public inspection during regular business hours at the
permanent place of business of the district.
The managing authority may:
(A) Enter into a contract for a period of not less than
four nor more than ten years with a state or municipal university
for the operation of a university branch by such university on
the campus provided in accordance with sections 3355.01 to
3355.14 of the Revised Code. Except as provided in section
3333.17 of the Revised Code, the contract shall establish
schedules of fees and tuition for: students who are residents of
the district; residents of Ohio but not of the district; and
students who are nonresidents of Ohio. Students who are
nonresidents of Ohio shall be required to pay higher rates of
fees and tuition than the rates required of students who are
residents of Ohio but not of the district, and students who are
residents of the district shall pay A smaller tuition and fee
rate than the rate for either category of nonresident students.
(B) Hold, encumber, control, acquire by donation,
purchase, or condemnation, construct, own, lease, use, and sell
real and personal property as is necessary for the creation and
maintenance of the university branch campus, on whatever terms
and for whatever consideration may be appropriate for the
purposes of the facility;
(C) Accept gifts, grants, bequests, and devises absolutely
or in trust for support of the university branch campus during
the existence of said branch;
(D) Receive an appropriation from any municipality or
county that is a part of the university branch district for the
purpose of providing funds for support of the university branch
campus;
(E) Receive and expend gifts or grants from the state for
the payment of operating costs, for the acquisition,
construction, or improvement of buildings or other structures, or
for the acquisition or use of land.
(F) Prescribe rules for the effective operation of a
university branch district college and exercise such other powers
as are necessary for the efficient management of such university
and are not in conflict with any contract entered into under
division (A) of this section.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 3355.10. The ownership of the university branch
campus, created and established pursuant to sections 3355.01 to
3355.14 of the Revised Code, including all right, title, and
interest in and to all property, both real and personal,
pertaining thereto, shall be vested in the managing authority of
the university branch district. The board may acquire by
appropriation any land, rights, rights of way, franchises,
easements, or other property necessary or proper for the
construction or the efficient operation of any facility of the
university branch district, pursuant to section 5537.06 of the
Revised Code, with respect to the Ohio turnpike commission, and
insofar as such procedure is applicable.
University branch district bonds, issued pursuant to
section 3355.08 of the Revised Code, are lawful investments of
banks, savings banks, trust companies, trustees, boards of
trustees of sinking funds of municipal corporations, school
districts, counties, the administrator of workers' compensation,
the
state teachers retirement system, the public employees retirement
system, and the school employees retirement system, and also
are acceptable as security for the deposit of public moneys.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 3357.09. The board of trustees of a technical college
district may:
(A) Own and operate a technical college, pursuant to an
official plan prepared and approved in accordance with section
3357.07 of the Revised Code;
(B) Hold, encumber, control, acquire by donation,
purchase, or condemnation, construct, own, lease, use, and sell,
real and personal property as necessary for the conduct of the
program of the technical college on whatever terms and for
whatever consideration may be appropriate for the purposes of the
institution;
(C) Accept gifts, grants, bequests, and devises absolutely
or in trust for support of the technical college;
(D) Appoint the president, faculty, and such other
employees as necessary and proper for such technical college, and
fix their compensation;
(E) Provide for a technical college necessary lands,
buildings or other structures, equipment, means, and appliances;
(F) Develop and adopt, pursuant to the official plan, any
one or more of the curricular programs identified in section
3357.01 of the Revised Code as technical-college programs, or
adult-education technical programs;
(G) Except as provided in section 3333.17 of the Revised
Code, establish schedules of fees and tuition for: students who
are residents of the district; students who are residents of Ohio
but not of the district; students who are nonresidents of Ohio.
The establishment of rules governing the determination of
residence shall be subject to approval of the Ohio board of
regents. Students who are nonresidents of Ohio shall be required
to pay higher rates of fees and tuition than the rates required
of students who are residents of Ohio but not of the district,
and students who are residents of the district shall pay smaller
tuition and fee rates than the rates for either of the above
categories of nonresident students, except that students who are
residents of Ohio but not of the district shall be required to
pay higher fees and tuition than students who are residents of
the district only when a district tax levy has been adopted and
is in effect under the authority of section 3357.11, 5705.19, or
5705.191 of the Revised Code.
(H) Authorize, approve, ratify, or confirm, with approval
of the Ohio board of regents, any agreement with the United
States government, acting through any agency designated to aid in
the financing of technical college projects, or with any person,
organization, or agency offering grants-in-aid for technical
college facilities or operation;
(I) Receive assistance for the cost of equipment and for
the operation of such technical colleges from moneys appropriated
for technical education or for matching of Title VIII of the
"National Defense Education Act," 72 Stat. 1597 (1958), 20
U.S.C.A. 15a-15e. Moneys shall be distributed by the Ohio board
of regents in accordance with rules which the board shall
establish governing its allocations to technical colleges
chartered under section 3357.07 of the Revised Code.
(J) Grant appropriate associate degrees to students
successfully completing the technical college programs and
certificates of achievement to those students who complete other
programs;
(K) Prescribe rules for the effective operation of a
technical college, and exercise such other powers as are
necessary for the efficient management of such college;
(L) Enter into contracts and conduct technical college
programs or technical courses outside the technical college
district;
(M) Enter into contracts with the board of education of
any local, exempted village, or city school district or
the governing board of any educational service center to permit the school
district or service center to use the facilities of the technical
college district;
(N) Designate one or more employees of the institution as
state university law enforcement officers, to serve and have
duties as prescribed in section 3345.04 of the Revised Code;
(O) Subject to the approval of the Ohio board of regents,
offer technical college programs or technical courses for credit
at locations outside the technical college district. For
purposes of computing state aid, students enrolled in such
courses shall be deemed to be students enrolled in programs and
courses at off-campus locations in the district.
(P) Purchase a policy or policies of liability insurance
from an insurer or insurers licensed to do business in this state
insuring its members, officers, and employees against all civil
liability arising from an act or omission by the member, officer,
or employee, when the member, officer, or employee is not acting
manifestly outside the scope of his THE MEMBER'S, OFFICER'S, OR
EMPLOYEE'S employment or official
responsibilities with the institution, with malicious purpose or
bad faith, or in a wanton or reckless manner, or may otherwise
provide for the indemnification of such persons against such
liability. All or any portion of the cost, premium, or charge
for such a policy or policies or indemnification payment may be
paid from any funds under the institution's control. The policy
or policies of liability insurance or the indemnification policy
of the institution may cover any risks including, but not limited
to, damages resulting from injury to property or person,
professional liability, and other special risks, including legal
fees and expenses incurred in the defense or settlement of claims
for such damages.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 3357.12. The ownership of a technical college, created and established
pursuant to section 3357.07 of the Revised Code, including all right, title,
and interest in and to all property, both real and personal, pertaining
thereto, shall be vested in the board of trustees of the technical college
district in which such college is situated. The board may acquire by
appropriation any land, rights, rights-of-way, franchises, easements, or other
property necessary or proper for the construction or the efficient operation
of any facility of the technical college district, pursuant to the procedure
provided in section 5537.06 of the Revised Code, with respect to the Ohio
turnpike commission, and insofar as such procedure is applicable.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 3358.08. The board of trustees of a state community
college district may:
(A) Own and operate a state community college;
(B) Hold, encumber, control, acquire by donation, purchase
or condemn, construct, own, lease, use, and sell, real and
personal property as necessary for the conduct of the program of
the state community college on whatever terms and for whatever
consideration may be appropriate for the purpose of the
institution;
(C) Accept gifts, grants, bequests, and devises absolute
or in trust for support of the state community college;
(D) Employ a president, and appoint or approve the
appointment of other necessary administrative officers, full-time
faculty members, and operating staff. The board may delegate the
appointment of operating staff and part-time faculty members to
the college president. The board shall fix the rate of
compensation of the president and all officers and full-time
employees as are necessary and proper for state community
colleges.
(E) Provide for the state community college necessary
lands, buildings, or other structures, equipment, means, and
appliances;
(F) Establish within the maximum amounts permitted by law,
schedules of fees and tuition for students who are Ohio residents
and students who are not;
(G) Grant appropriate associate degrees to students
successfully completing the state community college's programs,
and certificates of achievement to students who complete other
programs;
(H) Prescribe policies for the effective operation of the
state community college and exercise such other powers as are
necessary for the efficient management of the college;
(I) Enter into contracts with neighboring colleges and
universities for the conduct of state community college programs
or technical courses outside the state community college
district;
(J) Purchase:
(1) A policy or policies of insurance insuring the
district against loss or damage to property, whether real,
personal, or mixed, which is owned by the district or leased by
it as lessee or which is in the process of construction by or for
the district;
(2) A policy or policies of fidelity insurance in such
amounts and covering such trustees, officers, and employees of
the district as the board may consider necessary or desirable;
(3) A policy or policies of liability insurance from an
insurer or insurers licensed to do business in this state
insuring its members, officers, and employees against all civil
liability arising from an act or omission by the member, officer,
or employee, when the member, officer, or employee is not acting
manifestly outside the scope of his employment or official
responsibilities with the institution, with malicious purpose or
bad faith, or in a wanton or reckless manner, or may otherwise
provide for the indemnification of such persons against such
liability. All or any portion of the cost, premium, or charge
for such a policy or policies or indemnification payment may be
paid from any funds under the institution's control. The policy
or policies of liability insurance or the indemnification policy
of the institution may cover any risks including, but not limited
to, damages resulting from injury to property or person,
professional liability, and other special risks, including legal
fees and expenses incurred in the defense or settlement claims of
such damages.
(4) A policy or policies of insurance insuring the
district against any liabilities to which it may be subject on
account of damage or injury to persons or property, including
liability for wrongful death.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 3375.40. Each board of library trustees appointed
pursuant to sections 3375.06, 3375.10, 3375.12, 3375.15, 3375.22,
and 3375.30 of the Revised Code may:
(A) Hold title to and have the custody of all real and
personal property of the free public library under its
jurisdiction;
(B) Expend for library purposes, and in the exercise of
the power enumerated in this section, all moneys, whether derived
from the county library and local government support fund or
otherwise, credited to the free public library under its
jurisdiction and generally do all things it considers necessary
for the establishment, maintenance, and improvement of the public
library under its jurisdiction;
(C) Purchase, lease, construct, remodel, renovate, or
otherwise improve, equip, and furnish buildings or parts of
buildings and other real property, and purchase, lease, or otherwise acquire
motor vehicles and other
personal property, necessary for the proper
maintenance and operation of the free public libraries under its
jurisdiction, and pay the costs thereof in installments or otherwise.
Financing of these costs may be provided through the issuance of notes,
through an installment sale, or through a lease-purchase agreement. Any such
notes shall be issued pursuant to section 3375.404 of the Revised Code.
(D) Purchase, lease, lease with an option to purchase, or
erect buildings or parts of buildings to be used as main
libraries, branch libraries, or library stations pursuant to
section 3375.41 of the Revised Code;
(E) Establish and maintain a main library, branches,
library stations, and traveling library service within the
territorial boundaries of the subdivision or district over which
it has jurisdiction of free public library service;
(F) Establish and maintain branches, library stations, and
traveling library service in any school district, outside the
territorial boundaries of the subdivision or district over which
it has jurisdiction of free public library service, upon
application to and approval of the state library board, pursuant
to section 3375.05 of the Revised Code; provided the board of
trustees of any free public library maintaining branches,
stations, or traveling-book service, outside the territorial
boundaries of the subdivision or district over which it has
jurisdiction of free public library service, on September 4, 1947, may
continue to maintain and operate such branches, stations, and
traveling library service without the approval of the state
library board;
(G) Appoint and fix the compensation of all of the
employees of the free public library under its jurisdiction; pay
the reasonable cost of tuition for any of its employees who
enroll in a course of study the board considers essential to the
duties of the employee or to the improvement of the employee's
performance; and reimburse applicants for employment for any
reasonable expenses they incur by appearing for a personal
interview;
(H) Make and publish rules for the proper operation and
management of the free public library and facilities under its jurisdiction,
including rules pertaining to the provision of library services
to individuals, corporations, or institutions that are not
inhabitants of the county;
(I) Establish and maintain a museum in connection with and
as an adjunct to the free public library under its jurisdiction;
(J) By the adoption of a resolution accept any bequest,
gift, or endowment upon the conditions connected with such
bequest, gift, or endowment; provided no such bequest, gift, or
endowment shall be accepted by such board if the conditions
thereof remove any portion of the free public library under its
jurisdiction from the control of such board or if such
conditions, in any manner, limit the free use of such library or
any part thereof by the residents of the counties in which such
library is located;
(K) At the end of any fiscal year by a two-thirds vote of
its full membership set aside any unencumbered surplus remaining
in the general fund of the library under its jurisdiction for any
purpose including creating or increasing a special building and
repair fund, or for operating the library or acquiring equipment
and supplies;
(L) Procure and pay all or part of the cost of group life,
hospitalization, surgical, major medical, disability benefit,
dental care, eye care, hearing aids, or prescription drug
insurance, or a combination of any of the foregoing types of
insurance or coverage, whether issued by an insurance company or
a health insuring corporation
duly licensed by the state, covering its employees and in the case of
hospitalization, surgical, major medical, dental care, eye care, hearing aids,
or prescription drug insurance, also covering the dependents and
spouses of such employees, and in the case of disability
benefits, also covering spouses of such employees. With respect
to life insurance, coverage for any employee shall not exceed the
greater of the sum of ten thousand dollars or the annual salary
of the employee, exclusive of any double indemnity clause that is
a part of the policy.
(M) Pay reasonable dues and expenses for the free public library and library
trustees in library associations.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 3375.831. ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT
TO SECTION 3375.83 of the Revised Code SHALL IDENTIFY ANY
AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS
SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 3377.04. The Ohio higher educational facility
commission may:
(A) Acquire by gift or purchase and hold and mortgage real
estate and interests therein and personal property to be used as
a project or a part thereof;
(B) Purchase, construct, reconstruct, enlarge, improve,
furnish, and equip and lease, sell, exchange, and otherwise
dispose of projects or parts thereof for the purposes set forth
in division (B) of section 3377.01 of the Revised Code;
(C) Issue bonds of the state, as provided in Chapter 3377.
of the Revised Code, to provide funds for acquiring,
constructing, reconstructing, enlarging, remodeling, renovating,
improving, furnishing, or equipping one or more projects or parts
thereof and to pay project costs;
(D) Enter into contracts and execute all instruments
necessary or appropriate to carry out the purposes of Chapter
3377. of the Revised Code;
(E) Fix, alter, and collect rentals and other charges for
the use and occupancy of a project and lease the project to
educational institutions, including a contract with or the
granting of an option to the lessee to purchase the project for
such price as the commission in its sole discretion determines to
be appropriate, after retirement or redemption, or provision
therefor, of all the bonds of the issuer issued to provide funds
for the project;
(F) Retain, contract with, or employ and fix the
compensation of financial consultants, appraisers, accounting
experts, architects, engineers, attorneys at law, and other
employees, agents, and independent contractors as are necessary
in the judgment of the commission to carry out Chapter 3377. of
the Revised Code and collect fees, charges, and accept gifts and
appropriations to meet the expenses of employing such persons;
(G) Pledge, assign, hypothecate, or otherwise encumber as
security for the bonds, the rentals, revenues, and other income,
charges, and moneys realized from the use, lease, sale, or other
disposition of one or more projects or parts thereof as may be
designated in the bond proceedings and enter into trust
agreements or indentures of mortgage for the benefit of
bondholders;
(H) Enter into appropriate arrangements with any federal
or state department or agency, county, township, municipal
corporation, or other political subdivision, taxing district, or
public body or agency for the planning and installation of
streets, roads, alleys, water supply and distribution facilities,
storm and sanitary sewage collection and disposal facilities, and
other necessary appurtenances to a project;
(I) Purchase fire and extended coverage and liability
insurance for a project, insurance protecting the commission and
its officers and employees against liability for damage to
property or injury to or death of persons arising from the
project, and any other insurance that the commission may agree to
provide under the bond proceedings or the commission may
determine to be necessary in order to protect the commission, its
members, officers, and employees;
(J) Sell, lease, release or otherwise dispose of real and
personal property or interests therein, or a combination thereof,
acquired by the commission under authority of Chapter 3377. of
the Revised Code and no longer needed for the purposes of such
chapter or of the commission, and grant such easements and other
rights in, over, under, or across a project as will not interfere
with its use of such property. Such sale, lease, release,
disposition, or grant may be made without competitive bidding and
in such manner and for such consideration as the commission in
its judgment deems appropriate.
(K) Sue and be sued, implead and be impleaded;
(L) Adopt and use an official seal;
(M) Receive and accept from any public agency loans or
grants for or in aid of a project or any portion thereof, and
receive and accept loans, grants, aid, or contributions from any
source of money, property, labor, or other things of value to be
held, used, and applied only for the purposes for which received;
(N) Do all other acts necessary or appropriate to carry
out the purposes of Chapter 3377. of the Revised Code.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 3377.14. The state or any political subdivision, taxing district, or
other public body of this state may, without competitive bidding, convey or
exchange with the Ohio higher educational facility commission, for use in
connection with a project, any or all of its interests in real or personal
property, or both, not needed by the grantor. Any conveyance by the state
shall be authorized by the director, board, or commission having control of
such property and approved by the general assembly. The interest in such
property to be conveyed shall be appraised at its fair market value and such
appraisal value shall be the conveyance price. The appraised fair market
value of any property exchanged under the provisions of this section shall be
substantially equal to the aggregate of the appraised fair market value of the
property for which it is exchanged and any moneys paid to the grantor in
consideration of such exchange. The political subdivision, taxing district,
or other public body shall prescribe the form of its deed, and any deed from
the state shall be prepared and recorded as provided in sections 5301.13 to
5301.17, inclusive, of the Revised Code. Any educational institution
which
has the qualifications to acquire property under section 3333.08 of the
Revised Code may acquire property under such section in order to provide real
estate or interests in real estate needed for a project and to make the same
available to the commission by conveyance, lease, or otherwise.
ANY INSTRUMENT BY WHICH THE STATE OR AN AGENCY OF THE STATE ACQUIRES REAL
PROPERTY PURSUANT TO THIS SECTION SHALL IDENTIFY THE AGENCY OF THE STATE THAT
HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS SPECIFIED IN SECTION 5301.012
of the Revised Code.
Sec. 3706.04. The Ohio air quality development authority
may:
(A) Adopt bylaws for the regulation of its affairs and the
conduct of its business;
(B) Adopt an official seal;
(C) Maintain a principal office and suboffices at such
places within the state as it designates;
(D) Sue and plead in its own name; be sued and impleaded
in its own name with respect to its contracts or torts of its
members, employees, or agents acting within the scope of their
employment, or to enforce its obligations and covenants made
under sections 3706.05, 3706.07, and 3706.12 of the Revised Code.
Any such actions against the authority shall be brought in the
court of common pleas of the county in which the principal office
of the authority is located, or in the court of common pleas of
the county in which the cause of action arose, provided such
county is located within this state, and all summonses,
exceptions, and notices of every kind shall be served on the
authority by leaving a copy thereof at the principal office with
the person in charge thereof or with the secretary-treasurer of
the authority.
(E) Make loans and grants to governmental agencies for the
acquisition or construction of air quality projects by any such
governmental agency and adopt rules and procedures for making
such loans and grants;
(F) Acquire, construct, reconstruct, enlarge, improve,
furnish, equip, maintain, repair, operate, lease or rent to, or
contract for operation by, a person or governmental agency, air
quality projects, and establish rules for the use of such
projects;
(G) Make available the use or services of any air quality
project to one or more persons, one or more governmental
agencies, or any combination thereof;
(H) Issue air quality revenue bonds and notes and air
quality revenue refunding bonds of the state, payable solely from
revenues as provided in section 3706.05 of the Revised Code,
unless the bonds be refunded by refunding bonds, for the purpose
of paying any part of the cost of one or more air quality
projects or parts thereof;
(I) Acquire by gift or purchase, hold, and dispose of real
and personal property in the exercise of the powers of the
authority and the performance of its duties under this chapter;
(J) Acquire, in the name of the state, by purchase or
otherwise, on such terms and in such manner as the authority
finds proper, or by the exercise of the right of condemnation in
the manner provided by section 3706.17 of the Revised Code, such
public or private lands, including public parks, playgrounds, or
reservations, or parts thereof or rights therein, rights-of-way,
property, rights, easements, and interests as it finds necessary
for carrying out this chapter, but excluding the acquisition by
the exercise of the right of condemnation of any air quality
facility owned by any person or governmental agency; and
compensation shall be paid for public or private lands so taken;
(K) Make and enter into all contracts and agreements and
execute all instruments necessary or incidental to the
performance of its duties and the execution of its powers under
this chapter.
(1) When the cost under any such contract or agreement,
other than compensation for personal services, involves an
expenditure of more than two thousand dollars, the authority
shall make a written contract with the lowest responsive and
responsible bidder, in accordance with section 9.312 of the
Revised Code, after advertisement for not less than two
consecutive weeks in a newspaper of general circulation in
Franklin county, and in such other publications as the authority
determines, which notice shall state the general character of the
work and the general character of the materials to be furnished,
the place where plans and specifications therefor may be
examined, and the time and place of receiving bids; provided,
that a contract or lease for the operation of an air quality
project constructed and owned by the authority or an agreement
for cooperation in the acquisition or construction of an air
quality project pursuant to section 3706.12 of the Revised Code
or any contract for the construction of an air quality project
that is to be leased by the authority to, and operated by,
persons who are not governmental agencies and the cost of such
project is to be amortized exclusively from rentals or other
charges paid to the authority by persons who are not governmental
agencies is not subject to the foregoing requirements and the
authority may enter into such contract, lease, or agreement
pursuant to negotiation and upon such terms and conditions and
for such period as it finds to be reasonable and proper in the
circumstances and in the best interests of proper operation or of
efficient acquisition or construction of such project.
(2) Each bid for a contract for the construction,
demolition, alteration, repair, or reconstruction of an
improvement shall contain the full name of every person
interested in it and meet the requirements of section 153.54 of
the Revised Code.
(3) Each bid for a contract except as provided in division
(K)(2) of this section shall contain the full name of every
person interested in it and shall be accompanied by a sufficient
bond or certified check on a solvent bank that if the bid is
accepted a contract will be entered into and the performance
thereof secured.
(4) The authority may reject any and all bids.
(5) A bond with good and sufficient surety, approved by
the authority, shall be required of every contractor awarded a
contract except as provided in division (K)(2) of this section,
in an amount equal to at least fifty per cent of the contract
price, conditioned upon the faithful performance of the contract.
(L) Employ managers, superintendents, and other employees
and retain or contract with consulting engineers, financial
consultants, accounting experts, architects, attorneys, and such
other consultants and independent contractors as are necessary in
its judgment to carry out this chapter, and fix the compensation
thereof. All expenses thereof shall be payable solely from the
proceeds of air quality revenue bonds or notes issued under this
chapter, from revenues, or from funds appropriated for such
purpose by the general assembly.
(M) Receive and accept from any federal agency, subject to
the approval of the governor, grants for or in aid of the
construction of any air quality project or for research and
development with respect to air quality facilities, and receive
and accept aid or contributions from any source of money,
property, labor, or other things of value, to be held, used, and
applied only for the purposes for which such grants and
contributions are made;
(N) Engage in research and development with respect to air
quality facilities;
(O) Purchase fire and extended coverage and liability
insurance for any air quality project and for the principal
office and suboffices of the authority, insurance protecting the
authority and its officers and employees against liability for
damage to property or injury to or death of persons arising from
its operations, and any other insurance the authority may agree
to provide under any resolution authorizing its air quality
revenue bonds or in any trust agreement securing the same;
(P) Charge, alter, and collect rentals and other charges
for the use or services of any air quality project as provided in
section 3706.13 of the Revised Code;
(Q) Provide coverage for its employees under Chapters
145., 4123., and 4141. of the Revised Code;
(R) Do all acts necessary or proper to carry out the
powers expressly granted in this chapter.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 3747.06. (A) The board of directors of
the Ohio low-level radioactive waste facility development
authority shall do all of the following:
(1) Adopt bylaws for the regulation of its affairs and
the conduct of its business;
(2) Maintain a principal office at a location that it designates in the
state;
(3) Employ and fix the compensation of employees, including an
executive director who shall serve at the pleasure of the board; in
consultation with the executive director, develop an
organizational plan for the hiring of additional staff and
specify which of those staff shall be in the classified civil
service pursuant to Chapter 124. of the Revised
Code and which of those staff shall serve at the pleasure of the executive
director; and provide coverage for its employees under
Chapters 4123. and 4141. of the Revised
Code. The board may delegate to the executive director
authority to make personnel decisions with respect to employees, subject to
applicable law. The board of directors may lay off employees of the authority
that are in the classified service pursuant to Chapter 124. of the Revised Code as
may be appropriate or delegate that decision to the executive director.
(4) Utilize the expertise of other state agencies and
departments to the fullest extent possible. The agencies and
departments shall be paid for the cost of providing services to
the board.
(5) Provide for the establishment of a statewide public
information and involvement program and of a public document
repository in Columbus and in each community in which a site
undergoing site
characterization is located, provided that after a site is licensed as a
facility and the license is
finally determined to be valid, a public document
repository
shall no longer be required in the other communities that
underwent characterization. A copy of all records of the board,
including the minutes of the board, and of the contractor relating to the
screening, siting, design,
construction, operation, institutional control, and long-term
care of the facility shall be kept permanently by the board and
the contractor, respectively.
(6) Not later than eighteen months after September
8, 1995, select a
private entity as a contractor to begin development, as defined in
section 3747.01
of the
Revised Code, of a facility. Not later than thirty
months after September 8,
1995, the board shall select one or more private entities as a contractor or
contractors to complete development of and operate a
facility, except that the board may choose not to select one or more
private entities as a contractor to complete development of and operate a
facility if the low-level radioactive waste commission has not complied with
any request made under division (B)(6) of this
section. Notwithstanding
sections 153.50, 153.51, and 153.52 of the Revised
Code, the
board may award a single contract for the development, construction,
and operation of a facility.
(7) Approve, approve with modifications requested by
the board, or disapprove the design of the facility and any subsequent
revisions to it that are
proposed by the contractor. If the board disapproves the design or revisions,
it shall provide reasons for the disapproval and require the
contractor to submit a new design or revisions.
(8) Not later than twenty-four months after September
8, 1995, approve,
approve with modifications
requested by the board, or disapprove and, when approved,
implement a statewide screening process, prepared by the
contractor selected under division (A)(6) of this section
with the assistance of the board and its employees, through which
the exclusionary siting criteria established in section 3747.12 of the
Revised Code and further specified in rules adopted under
division (A)(3) of section 3747.07 of the Revised Code and the preference
siting criteria established in section 3747.12 of the Revised Code and further
specified in rules adopted under division (A)(3) of section 3747.07 of the
Revised Code shall be applied. If
the board disapproves the
screening process, it shall provide reasons for the disapproval
and require the contractor to submit a new screening process.
(9) Approve, approve with modifications requested by
the board, or disapprove the geologic and hydrogeologic database
and other appropriate databases
to be used by the contractor for application of the siting
criteria. If the board disapproves a database, it shall
provide reasons for the disapproval and require the contractor to
submit a new database.
(10) Establish a program to offer research
grants to state universities and colleges as defined in division
(A)(1) of section 3345.12 of the
Revised Code
and nonprofit institutions of higher education holding a certificate of
authorization from the Ohio board of regents
under Chapter 1713. of the
Revised Code
for the study and development of technology for the reduction,
management, treatment,
disposal, and monitoring of low-level radioactive waste. Until moneys are
collected through the fee system established in rules adopted under division
(B) of section 3747.07 of the Revised Code, the total amount of
moneys available annually for grants shall not exceed five per cent of the
board's annual budget. When moneys are collected through that fee system, the
total amount of moneys available annually for grants shall not exceed one per
cent of the moneys collected during the preceding fiscal year through the fee
system. The grants shall be awarded in accordance with rules adopted under
division
(B)(8) of section 3747.07 of the
Revised Code.
(11) Not more than forty-two months after September
8, 1995,
approve for site characterization at least
three potentially suitable disposal sites from among the sites
recommended by the contractor, provided that
each state that is a member of the midwest interstate compact on
low-level radioactive waste entered into under section 3747.01
of the Revised Code has enacted, and the United States congress has consented
to, the amendments to the compact made by this act
SUBSTITUTE SENATE BILL NO. 19 OF THE
121st GENERAL ASSEMBLY;
(12) Not more than fifty-seven months after September 8,
1995,
from among the characterized
sites, select the disposal site to be submitted for licensure as
the facility under Chapter 3748. of the Revised
Code, provided that the midwest interstate low-level radioactive
waste commission created in Article III(A) of the
midwest interstate compact on low-level radioactive waste entered into under
section 3747.01 of the Revised Code has selected and notified the next host
state under the
compact;
(13) Acquire real property in fee simple on behalf of the state for
the purpose of operating the facility, including real property to
be used as an ecological monitoring zone in accordance with
section 3747.14 of the Revised Code. For the
purposes of division (A)(13) of this section, the board
may appropriate real property in accordance with Chapter
163. of the Revised Code.
(14) Establish quality assurance and quality control
programs for all phases of development, siting, construction,
operation, closure, institutional control, and long-term care of
the facility;
(15) Approve, approve with modifications requested by
the board, or disapprove and, if approved, supervise activities
within the ecological monitoring zone;
(16) Approve or disapprove petitions submitted by
communities that wish to be identified as affected communities;
(17) Approve, approve with modifications requested by
the board, or disapprove community compensation and benefits
agreements as negotiated with the host community and any affected
community or communities by the staff of the board. If the board
disapproves the community compensation agreement negotiated with
the host community, it shall provide reasons for the disapproval
and require the staff to renegotiate the agreement.
(18) In consultation with the director of health,
establish epidemiological health studies if
requested by the legislative authority of the host community;
(19) Approve, approve with modifications requested by
the board, or disapprove methods proposed by the contractor to
provide institutional control and long-term care of the facility
for a minimum of five hundred years. If the board disapproves
the methods, it shall provide reasons for the disapproval and
require the contractor to submit new institutional control and
long-term care methods.
(20) Pursuant to division (A)(3) of section
3748.09 of the Revised Code,
advise the department of health on the hiring of an independent person to
examine the license review process for the facility;
(21) Approve, approve with modifications requested by
the board, or disapprove the form of the waste acceptance
agreement prepared by the contractor under division (A)
of section 3747.17 of the Revised Code. If the
board disapproves the form, it shall provide reasons for the
disapproval and require the contractor to submit a new form.
(22) Enter into agreements with agencies of other party states to the
midwest interstate compact on low-level radioactive waste for the purpose of
verifying information in the waste minimization reports required
under section 3747.17 of the Revised Code;
(23) Ensure that sufficient resources are allocated for
both of the following:
(a) Institutional control through the fee
system established in rules adopted under division (B) of
section 3747.07 of the Revised Code pursuant to
Article VI(J) of the midwest interstate compact on
low-level radioactive waste established under section
3747.01 of the Revised Code;
(b) Long-term care for a minimum of five
hundred years through the long-term care fund established
pursuant to Article VI(O) of the compact.
(24) Approve, approve with modifications requested by the
board, or disapprove termination of the long-term care of the
facility, and provide reasons for that decision;
(25) In the event of a failure of a facility that results
in a release of radioactivity in excess of prescribed limits,
approve, approve with modifications requested by the board, or
disapprove a program to correct the failure and contain and
remediate any contamination caused by the release.
(B) The board may do any of the following:
(1) Make and enter into all contracts and agreements
necessary or incidental to the performance of its duties and the
execution of its powers under this chapter. If the
board enters into more than one contract
for the purpose of executing the duties of a contractor specified in this
chapter or Chapter 3748. of the
Revised Code
or rules adopted under either chapter, the specific duties so established
apply
to the appropriate contractor. Any other requirement established under this
chapter or Chapter 3748. of the
Revised Code
or rules adopted under either chapter regarding a contractor applies to any
contractor with whom the board proposes to enter or has entered into a
contract, except that the board may establish different requirements under
those rules for contractors that execute separate duties.
(2) Sue and be sued in the name of the authority and
plead and be impleaded, provided that any actions against the
authority shall be brought in the court of common pleas of the
county in which the office of the board is located or in the
court of common pleas of the county in which the cause of action
arose if that county is in the state. All summonses, exceptions,
and notices of every kind shall be served on the authority by
leaving a copy thereof at the principal office of the board with the
executive director.
(3) Establish a peer review committee to review, analyze, and
make recommendations regarding the screening and siting process
established in rules adopted under division (A)(3) of section 3747.07
of the Revised Code and the design and
construction of the facility. Such a committee shall consist of
not less than two nor more than three persons representing each
of the professional fields described in division
(B) of section 3747.05 of the
Revised Code. Each member of the
committee shall be a resident of this state and shall have
recognized ability, credentials, and experience in the member's
professional field of expertise. If the board establishes such
a committee, it shall do so no later than twelve months after
September 8,
1995, and shall disband it when the
facility begins operating.
(4) Periodically review compensation of board members and make
recommendations to the general assembly regarding any needed changes in
compensation of board members;
(5) Perform all other acts necessary or proper to carry
out the powers expressly granted in this chapter;
(6) Not later than January 1, 1998,
request the midwest interstate low-level radioactive waste commission created
in Article III of the midwest interstate low-level
radioactive waste compact
entered into under section 3747.01 of the
Revised Code
to locate its principal office at a location of the commission's choosing
within this state.
(C) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO
THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 3747.14. (A) The board of directors of
the Ohio low-level radioactive waste facility development
authority shall designate and maintain an ecological monitoring
zone surrounding and contiguous with the disposal site selected
under division (A)(12) of section 3747.06 and section
3747.11 of the Revised Code. The board, on
behalf of the state, shall acquire real property to be used as
the zone as provided in division (A)(13) of section
3747.06 of the Revised Code.
The size and shape of the zone shall be based on the
unique topography and geology of the disposal site and shall be
designed to provide a logical unit of space. Except as provided in division
(A)(17) of section 3747.12 of the Revised Code, the exclusionary siting criteria
established under that section and further specified in rules adopted under
division (A)(3)
of section 3747.07 of the Revised Code do not
apply to the ecological monitoring zone. However, the zone may
be located in an area identified under division (A)(3) of
section 3747.12 of the Revised Code only if the
authority is awarded control by the federal government or the
state, as appropriate, over the portion of the area in which the
zone will be located.
(B) The ecological monitoring zone shall remain
uninhabited and shall provide opportunities for comprehensive
monitoring around the disposal site by agencies of the state,
other public entities, individuals, and organizations whose
projects are approved by the board in accordance with rules
adopted under division (A)(11) of section 3747.07 of the
Revised Code. The board shall approve and
supervise all activities that are conducted within the zone.
(C) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO
THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 3793.031. The director of alcohol and drug addiction services may
acquire by purchase, lease, or otherwise such real and personal property
rights in the name of the state as are necessary for the purposes of the
department. The director, with the approval of the governor and the attorney
general, may sell, lease, or exchange portions of real and personal property
of the department when the sale, lease, or exchange is advantageous to the
state. Money received from such sales, leases, or exchanges shall be credited
to the general revenue fund.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 4582.06. A port authority created in accordance with
section 4582.02 of the Revised Code may:
(A) Purchase, construct, reconstruct, enlarge, improve,
equip, develop, sell, exchange, lease, convey other interests in,
and operate port authority facilities, and make charges for the
use thereof, which shall be not less than the charges established
for the same services furnished by a public utility or common
carrier in the particular port authority jurisdiction;
(B) Straighten, deepen, and improve any canal, channel,
river, stream, or other water course or way which may be
necessary or proper in the development of the facilities of such
port;
(C) Acquire, own, hold, sell, lease, or operate real or
personal property for the authorized purposes of the port
authority;
(D) Issue bonds or notes for the acquisition or
construction of any permanent improvement which a port authority
is authorized to acquire or construct, in compliance with Chapter
133. of the Revised Code, except that such bonds or notes may
only be issued pursuant to a vote of the electors residing within
the territory of the port authority. The net indebtedness
incurred by a port authority shall never exceed two per cent of
the total value of all property within the territory comprising
such authority as listed and assessed for taxation.
(E) By resolution of its board of directors, issue revenue
bonds beyond the limit of bonded indebtedness provided by law,
for the purpose of acquiring, constructing, or developing any
port authority facility, other than a residential facility,
including all costs in connection with or incidental to such
acquisition, construction, or development. Pursuant to Section
13 of Article VIII, Ohio Constitution, and in order to create or
preserve jobs and employment opportunities and improve the
economic welfare, the port authority may loan moneys for or
acquire, construct, reconstruct, develop, enlarge, improve,
furnish, equip, sell, exchange, lease, convey other interests in,
or lease with a contract or option to purchase, at such amount as
the board of directors in its sole discretion may determine, real
property, machinery, equipment, plants, factories, offices, and
other structures and facilities for industry, commerce,
distribution, and research, provided that when the costs thereof
are to be paid by the port authority, the acquisition,
construction, reconstruction, development, enlargement,
improvement, and equipment of such property, plants, factories,
offices, and other structures and facilities shall only be
financed from the proceeds of revenue bonds issued under
authority of this division or in a manner consistent with Section
13 of Article VIII, Ohio Constitution.
The port authority may construct, reconstruct, equip, or
operate any facilities which it is authorized to acquire,
purchase, or lease. Any sale, lease, lease with option to
purchase, conveyance of other interests in, or contract for
acquiring, constructing, reconstructing, operating, developing,
enlarging, improving, or equipping any real property, plant,
factory, office, or other structure or facility for industry,
commerce, distribution, recreation, and research shall be made in
such manner as is determined by the board of directors and shall
not be subject to the provisions of section 4582.12 of the
Revised Code. The revenue bonds of the port authority shall be
secured only by a pledge of and a lien on the revenues of the
port authority derived from loan payments, rentals, fees,
charges, or other revenues from any improvements and facilities
as are designated in the resolution, including but not limited to
the improvements and facilities to be financed from or
constructed, developed, or acquired with the proceeds of the bond
issue, after provision only for the reasonable cost of operating,
maintaining, and repairing the improvements and facilities of the
port authority so designated. The bonds may further be secured
by the covenant of the port authority to maintain such rates or
charges as will produce revenues sufficient to meet costs of
operating, maintaining, and repairing such improvements and
facilities and to meet the interest and principal requirements of
such bonds and to establish and maintain reserves for the
foregoing purposes. The board of directors may, by resolution,
provide for the issuance of additional revenue bonds from time to
time, such bonds to be secured equally and ratably, without
preference, priority, or distinction, with outstanding revenue
bonds, but subject to the terms and limitations of any trust
agreement described in this section, and of any resolution
authorizing bonds then outstanding. The board of directors may
by resolution designate additional improvements and facilities of
the port authority, the revenues of which shall be pledged and be
subject to a lien for service of the principal and interest
requirements of revenue bonds theretofore authorized by
resolution of the board of directors, to the same extent as the
revenues above described.
In the discretion of the board of directors of the port
authority, the revenue bonds of the port authority may be secured
by a trust agreement between the board of directors on behalf of
the port authority and a corporate trustee, which trustee may be
any trust company or bank having powers of a trust company,
within or without the state.
The trust agreement may provide for the pledge or
assignment of the revenues to be received, but shall not pledge
the general credit and taxing power of the port authority. A
trust agreement securing revenue bonds issued to acquire,
construct, reconstruct, develop, enlarge, improve, or equip real
property, plants, factories, offices, and other structures and
facilities for industry, commerce, distribution, and research,
may mortgage the real or personal property, or both, to be
acquired, constructed, reconstructed, developed, enlarged, or
improved from the proceeds of such revenue bonds, as further
security for such bonds. The trust agreement or the resolution
providing for the issuance of revenue bonds may set forth the
rights and remedies of the bondholders and trustee, and may
contain such other provisions for protecting and enforcing their
rights and remedies as are in the discretion of the board of
directors reasonable and proper. Such agreement or resolution
may provide for the custody, investment, and disbursement of all
moneys derived from the sale of such bonds, or from the revenues
of the port authority, other than those moneys received from
taxes levied pursuant to section 4582.14 of the Revised Code, and
may provide for the deposit of such funds without regard to
section 4582.15 of the Revised Code.
The revenue bonds shall bear interest at such rate or rates
and shall mature within forty years following the date of
issuance and in such amount, at such times, and in such number of
installments, as may be provided in the resolution authorizing
their issuance. Such resolution shall also provide for the
execution and sealing of the bonds and the use of facsimile
signatures and facsimile of the seal, the manner of sale of the
bonds, and such other terms and conditions relative to the
issuance, sale, and retirement of said bonds as the board of
directors in their discretion believe reasonable and proper.
Whenever a port authority considers it expedient, it may
issue renewal notes and refund any bonds, whether the bonds to be
refunded have or have not matured. The refunding bonds shall be
sold and the proceeds applied to the purchase, redemption, or
payment of the bonds to be refunded. The bonds and notes issued
under this chapter, their transfer, and the income therefrom,
shall at all times be free from taxation within the state.
(F) Apply to the proper authorities of the United States
pursuant to appropriate law for the right to establish, operate,
and maintain foreign trade zones and to establish, operate, and
maintain such foreign trade zones; and purchase, lease, or
acquire land or property therefor, in a manner consistent with
section 4582.17 of the Revised Code;
(G) Exercise the right of eminent domain to appropriate
any land, rights, rights-of-way, franchises, easements, or other
property, necessary or proper for the construction or the
efficient operation of any facility of the port authority and
included in its official plan, pursuant to the procedure provided
in sections 163.01 to 163.22 of the Revised Code, if funds equal
to the appraised value of the property to be acquired as the
result of such proceedings, are on hand and available for such
purposes, except that:
(1) Nothing NOTHING contained in sections 4582.01 to 4582.20 of
the Revised Code, shall authorize a port authority to take or
disturb property or facilities belonging to any public
corporation, public utility, or common carrier, which property or
facilities are necessary and convenient in the operation of such
public corporation, public utility, or common carrier, unless
provision is made for the restoration, relocating, or duplication
of such property or facilities, or upon the election of such
public corporation, public utility, or common carrier, for the
payment of compensation, if any, at the sole cost of the port
authority, provided that:
(a)(1) If any restoration or duplication proposed to be made
pursuant to this section involves a relocation of such property
or facilities, the new facilities and location shall be of at
least comparable utilitarian value and effectiveness, and such
relocation shall not impair the ability of the public utility or
common carrier to compete in its original area of operation.
(b)(2) If any restoration or duplication made pursuant to
this section involves a relocation of such property or
facilities, the port authority shall acquire no interest or right
in or to the appropriated property or facilities, except as
provided in division (J) of this section, until the relocated
property or facilities are available for use and until marketable
title thereto has been transferred to the public utility or
common carrier.
(c)(3) Provisions for restoration or duplication shall be
described in detail in the resolution for appropriation passed by
the port authority.
(H) Enjoy and possess the same rights, privileges, and
powers granted municipal corporations under sections 721.04 to
721.11 of the Revised Code;
(I) Maintain such funds as it considers necessary;
(J) Direct its agents or employees, when properly
identified in writing, and after at least five days' written
notice, to enter upon lands within the confines of its
jurisdiction in order to make surveys and examinations
preliminary to location and construction of works for the
purposes of the port authority, without liability of the port
authority or its agents or employees except for actual damage
done;
(K) Sell, lease, or convey other interests in real and
personal property and grant easements or rights-of-way over
property of the port authority. The board of directors of the
port authority shall specify the consideration and any terms
thereof for such sale, lease, or conveyance of other interests in
real and personal property. Any determinations made by the board
of directors under this division shall be conclusive. Such sale,
lease, or conveyance may be made without advertising and the
receipt of bids.
(L) Promote, advertise, and publicize the port authority
facilities and its authorized purposes, provide information to
persons with an interest in transportation and other port
authority activities, and appear before rate-making authorities
to represent and promote the interests of the port authority and
its authorized purposes;
(M) Adopt rules, not in conflict with general law,
governing the use of its property, grounds, buildings, equipment,
and facilities, and governing the conduct of its employees and
the public, in order to promote the public safety and convenience
in and about its terminals and grounds, and to maintain order.
Any such regulation shall be posted at a prominent place in each
of the buildings, terminals, or facilities to which it applies.
No person shall violate any lawful regulation adopted and posted
as provided in this division.
(N) Do all acts necessary or appropriate to carry out its
authorized purposes. The port authority shall have the powers
and rights granted to other subdivisions under section 9.20 of
the Revised Code.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 4582.31. A port authority created in accordance with
section 4582.22 of the Revised Code may:
(A) Adopt bylaws for the regulation of its affairs and the
conduct of its business;
(B) Adopt an official seal;
(C) Maintain a principal office within its jurisdiction,
and maintain such branch offices as it may require;
(D) Acquire, purchase, construct, reconstruct, enlarge,
furnish, equip, maintain, repair, sell, exchange, lease or rent
to, lease or rent from, or operate port authority facilities;
(E) Straighten, deepen, and improve any channel, river,
stream, or other water course or way which may be necessary or
proper in the development of the facilities of a water port;
(F) Make available the use or services of any port
authority facility to one or more persons, one or more
governmental agencies, or any combination thereof;
(G) Issue bonds or notes for the acquisition or
construction of any port authority facility or other permanent
improvement which a port authority is authorized to acquire or
construct, in compliance with Chapter 133. of the Revised Code,
except that such bonds or notes may only be issued pursuant to a
vote of the electors residing within the area of jurisdiction of
the port authority. The net indebtedness incurred by a port
authority shall never exceed two per cent of the total value of
all property within the territory comprising such port authority
as listed and assessed for taxation.
(H) Issue port authority revenue bonds beyond the limit of
bonded indebtedness provided by law, payable solely from revenues
as provided in section 4582.48 of the Revised Code, unless the
bonds be refunded by refunding bonds, for the purpose of
providing funds to pay the costs of any port authority facility
or facilities or parts thereof, pursuant to Section 13 of Article
VIII, Ohio Constitution, and in order to create or preserve jobs
and employment opportunities and improve the economic welfare of
the people of the state;
(I) Apply to the proper authorities of the United States
pursuant to appropriate law for the right to establish, operate,
and maintain foreign trade zones and establish, operate, and maintain
such foreign trade zones in accordance with the "Foreign
Trade Zones Act," 48 Stat. 998 (1934),
19 U.S.C. 81a to 81u;
(J) Enjoy and possess the same rights, privileges, and
powers granted municipal corporations under sections 721.04 to
721.11 of the Revised Code;
(K) Maintain such funds as it considers necessary;
(L) Direct its agents or employees, when properly
identified in writing, and after at least five days' written
notice, to enter upon lands within the confines of its
jurisdiction in order to make surveys and examinations
preliminary to location and construction of works for the
purposes of the port authority, without liability of the port
authority or its agents or employees except for actual damage
done;
(M) Promote, advertise, and publicize the port authority
and its facilities; provide information to shippers and other
commercial interests; and appear before rate-making authorities to
represent and promote the interests of the port authority;
(N) Adopt rules, not in conflict with general law,
governing the use of its property, grounds, buildings, equipment,
and facilities, and governing the conduct of its employees and
the public, in order to promote the public safety and convenience
in and about its facilities and grounds, and to maintain order.
Any such rule shall be posted at a prominent place in each of the
facilities to which it applies. No person shall violate any
lawful rule adopted and posted as provided in this division.
(O) Acquire by gift or purchase, hold, lease, and dispose
of real and personal property and interests therein in the
exercise of the powers of the port authority and the performance
of its duties under sections 4582.21 to 4582.59 of the Revised
Code;
(P) Acquire, in the name of the port authority, by
purchase or otherwise, on such terms and in such manner as the
port authority finds proper, or by the exercise of the right of
condemnation in the manner provided by section 4582.56 of the
Revised Code, such public or private lands, including public
parks, playgrounds, or reservations, or parts thereof or rights
therein, rights-of-way, property, rights, easements, and
interests as it finds necessary for carrying out sections 4582.21
to 4582.59 of the Revised Code, and compensation shall be paid
for public or private lands so taken;
(Q) Make and enter into all contracts and agreements and
execute all instruments necessary or incidental to the
performance of its duties and the execution of its powers under
sections 4582.21 to 4582.59 of the Revised Code.
(1) When the cost under any such contract or agreement,
other than compensation for personal services, involves an
expenditure of more than ten thousand dollars, the port authority
shall make a written contract with the lowest responsive and
responsible bidder, in accordance with section 9.312 of the
Revised Code, after advertisement once a week for not less than
two consecutive weeks in a newspaper of general circulation in
the county where the facility is located, and in such other
publications as the port authority determines, which notice shall
state the general character of the work and the general character
of the materials to be furnished, the place where plans and
specifications therefor may be examined, and the time and place
of receiving bids; provided, that a contract or lease for the
operation of a port authority facility constructed and owned by
the port authority or an agreement for cooperation in the
acquisition or construction of a port authority facility pursuant
to section 4582.43 of the Revised Code or any contract for the
construction of a port authority facility that is to be leased by
the port authority to, and operated by, persons who are not
governmental agencies and the cost of such facility is to be
amortized exclusively from rentals or other charges paid to the
port authority by persons who are not governmental agencies is
not subject to the foregoing requirements and the port authority
may enter into such contract, lease, or agreement pursuant to
negotiation and upon such terms and conditions and for such
period as it finds to be reasonable and proper in the
circumstances and in the best interests of proper operation or of
efficient acquisition or construction of such facility.
(2) Each bid shall contain the full name of every person
interested in it and shall be accompanied by a sufficient bond or
certified check on a solvent bank that if the bid is accepted a
contract will be entered into and the performance thereof
secured.
(3) The port authority may reject any and all bids.
(4) A bond with good and sufficient surety, approved by
the port authority, shall be required of all contractors in an
amount equal to at least fifty per cent of the contract price,
conditioned upon the faithful performance of the contract.
(R) Employ managers, superintendents, and other employees
and retain or contract with consulting engineers, financial
consultants, accounting experts, architects, attorneys, and such
other consultants and independent contractors as are necessary in
its judgment to carry out this chapter, and fix the compensation
thereof. All expenses thereof shall be payable from any
available funds of the port authority or from funds appropriated
for such purpose by a political subdivision creating or
participating in the creation of the port authority.
(S) Receive and accept from any federal agency grants for
or in aid of the construction of any port authority facility or
for research and development with respect to port authority
facilities, and receive and accept aid or contributions from any
source of money, property, labor, or other things of value, to be
held, used, and applied only for the purposes for which such
grants and contributions are made;
(T) Engage in research and development with respect to
port authority facilities;
(U) Purchase fire and extended coverage and liability
insurance for any port authority facility and for the principal
office and branch offices of the port authority, insurance
protecting the port authority and its officers and employees
against liability for damage to property or injury to or death of
persons arising from its operations, and any other insurance the
port authority may agree to provide under any resolution
authorizing its port authority revenue bonds or in any trust
agreement securing the same;
(V) Charge, alter, and collect rentals and other charges
for the use or services of any port authority facility as
provided in section 4582.43 of the Revised Code;
(W) Provide coverage for its employees under Chapters
145., 4123., and 4141. of the Revised Code;
(X) Do all acts necessary or proper to carry out the
powers expressly granted in sections 4582.21 to 4582.59 of the
Revised Code.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 4981.14. (A) The Ohio rail development commission may
exercise all powers necessary or appropriate to carry out its
corporate purposes.
(B) The commission may do all of the following:
(1) Adopt, and from time to time, ratify, amend, and
repeal bylaws necessary and proper for the regulation of its
affairs and the conduct of its business and rules to implement
and make effective its powers and duties;
(2) Adopt an official seal;
(3) Maintain a principal office in Columbus and, if
necessary, regional sub-offices at locations properly designated
or provided;
(4) Sue and be sued in its own name and plead and be
impleaded in its own name, particularly to enforce the
obligations and covenants made under sections 4981.13, 4981.14,
and4981.29 AND 4981.29 of the Revised Code. Any actions
against the commission shall be
brought in the court of common pleas in Franklin county, in which
the principal office of the commission shall be located.
(5) Undertake or cause to be undertaken the acquisition, renovation, repair,
refunding, operation, maintenance, or construction of any rail service
project;
(6) Establish and operate a revolving loan fund for the
purpose of making loans to qualifying subdivisions, local or
regional transportation authorities, or other persons for the
acquisition, renovation, repair, refunding, or construction of
rail service projects by such qualifying subdivisions,
local or regional transportation authorities, and private corporations or
organizations, and the repayment thereof from project financing proceeds and
revenues; purchase the obligations of counties and municipal corporations
issued for the
acquisition, renovation, repair, or construction of rail service projects by
such qualifying subdivisions and local
or regional transportation authorities; and adopt rules and
procedures for making those loans or purchasing those obligations;
(7) Issue bonds and notes and refunding obligations of the
state, payable as provided in this chapter unless the bonds are
refunded by refunding bonds, for the purpose of borrowing money
to implement any power granted by divisions (B)(5) and (6) of
this section for one or more rail service projects or
parts thereof;
(8) Acquire by gift or purchase, hold, or dispose of real
and personal property in the exercise of its powers and
performance of its duties as set forth in this chapter;
(9) Make and enter into all contracts and agreements and
execute all instruments necessary or incidental to the
performance of its duties and the execution of its powers and to
employ natural persons to act on behalf of the commission, and to
establish the terms and conditions of such employment;
(10) Receive and accept from any federal agency or other
person, subject to the approval of the governor, grants for or in
aid of the construction, repair, renovation, operation, maintenance, or
acquisition of rail service projects, and receive and accept aid or
contributions from any source of money, property, labor, or other
things of value, to be held, used, and applied only for the
purposes for which the grants and contributions are made;
(11) Purchase property coverage and liability insurance
for any rail service project and for any offices of the
commission, insurance protecting the commission and its officers
and employees against liability, if any, or damage to property or
injury to or death of persons arising from its operations, and any
other insurance the commission may agree to provide under any
resolution authorizing the issuance of bonds in accordance with
sections 4981.11 to 4981.26 of the Revised Code, or in any trust
agreement securing the same;
(12) Establish or increase reserves from moneys received
or to be received by the commission to secure or pay the principal
of and interest on bonds, notes, or other obligations issued by
the commission pursuant to this chapter or other law. Moneys,
funds, and accounts of the commission, however, are subject
only to audit by the auditor of state and all moneys, funds, and
accounts shall be held in custody or deposited as directed by
resolution of the commission and unless otherwise provided by law
all moneys of the commission not pledged to the holders of bonds
of the commission shall be appropriated by the general assembly.
(13) Receive and disburse the proceeds of general
obligation or other bonds of the state or agencies thereof as may
be allowed by law pursuant to any resolution or act of the
general assembly;
(14) To the extent permitted under its contracts with the
holders of bonds or notes of the commission, consent to
modification of the rate of interest, time and payment of
installment of principal or interest, security, or any other term
of a bond, contract, or agreement of any kind to which the
commission is a party;
(15) Make grants to counties or municipal corporations,
qualifying subdivisions, local or regional transportation
authorities, or other persons for one or more rail
service projects of parts thereof;
(16) Provide consultation services to any qualifying
subdivision, local or regional transportation authority, or other
person in connection with the acquisition, renovation, repair, or
construction of any rail service project;
(17) Establish and amend the criteria and qualifications
for the making of any loan to or the purchasing of any bond from
any qualifying subdivision, local or regional transportation
authority, or other person and the terms not inconsistent with
this chapter of any loan or bond purchase agreement with any
qualifying subdivision, local or regional transportation
authority, or other person;
(18) Do all acts necessary and proper to carry out the
powers expressly granted to the commission in this chapter.
(C) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO
THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 4981.32. (A) A franchise agreement shall authorize
the franchisee to do all of the following:
(1) Acquire and dispose of real and personal property and
request the Ohio rail development commission to appropriate real
property for sale to the franchisee in accordance with division
(A)(5) of section 4981.29 of the Revised Code;
(2) Plan, design, finance, construct, reconstruct,
improve, operate, and maintain its portion of the rail system and
any ancillary system facilities;
(3) Set and charge rates and fares for the use of its
portion of the rail system, and retain all revenues in excess of
debt service and operating expenses up to an agreed return on
investment;
(4) Subject to applicable permit requirements, construct
and operate the rail system over or under canals, navigable
watercourses, and existing transportation and public utility
rights-of-way;
(5) Classify users according to reasonable categories for
the assessment of fares, including peak and off-peak time
periods;
(6) Make and enforce reasonable regulations regarding
usage and safety of that portion of the rail system comprising
its franchise;
(7) Engage in any other business in addition to that of
operator of its portion of the rail system, including the
purchase and sale of real estate and ownership and operation of
ancillary system facilities;
(8) Establish and fund accounts, including reasonable
reserves for contingencies, maintenance, and replacement, in
order to ensure the availability of funds to meet future
obligations of the franchisee;
(9) Take all other actions it determines necessary and
appropriate in the operation of the franchise, so long as those
actions comply with the franchise agreement and with applicable
state and federal statutes, rules, and regulations.
(B) The franchisee shall do all of the following:
(1) Use best efforts to arrange financing for the
construction and operation of that portion of the rail system
that comprises its franchise, and pledge assets and revenue as
may be necessary to secure repayment of obligations;
(2) Maintain and file with the commission a schedule of
rates and fares, and file and maintain a statement that those
rates and fares apply uniformly to all users of the rail system
within reasonable categories;
(3) Construct, maintain, and insure the rail system in
accordance with standards agreed with the commission, and permit
access for inspection by the commission. Construction may be
performed in stages pursuant to a schedule or program approved by
the commission.
(4) Enlarge or expand its portion of the rail system from
time to time, as reflected in initial plans for the franchise and
as appropriate to meet market requirements;
(5) Operate the rail system in accordance with applicable
legal requirements and any additional reasonable operating and
safety standards the commission approves, or as otherwise may be
required by applicable state or federal requirements;
(6) Contract with state, county, or municipal law
enforcement agencies, or enter into other arrangements acceptable
to the commission, to provide law enforcement on and around the
franchisee's portion of the rail system.
(C) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO
THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 5119.37. When it is necessary for a state institution under the
jurisdiction of the department of mental health to acquire any real estate,
right of way, or easement in real estate in order to accomplish the purposes
for which it was organized or is being conducted, and the department is unable
to agree with the owner of such property upon the price to be paid therefor,
such property may be appropriated in the manner provided for the appropriation
of property for other state purposes.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 5120.46. When it is necessary for a state correctional institution to
acquire any real estate, right-of-way, or easement in real estate in order to
accomplish the purposes for which it was organized or is being conducted, and
the department of rehabilitation and correction is unable to agree with the
owner of the property upon the price to be paid therefor, the property may be
appropriated in the manner provided for the appropriation of property for
other state purposes.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 5123.22. When it is necessary for an institution under the jurisdiction
of the department of mental retardation and developmental disabilities to
acquire any real estate, right-of-way, or easement in real estate in order to
accomplish the purposes for which it was organized or is being conducted, and
the department is unable to agree with the owner of such property
upon the price to be paid therefor, such property may be
appropriated in the manner provided for the appropriation of property for
other state purposes.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 5301.012. (A) AS USED IN THIS SECTION,
"AGENCY" MEANS EVERY ORGANIZED BODY,
OFFICE, OR AGENCY ESTABLISHED BY THE LAWS OF THE STATE FOR THE EXERCISE OF ANY
FUNCTION OF STATE GOVERNMENT.
(B) ANY INSTRUMENT BY WHICH THE STATE OR
AN AGENCY OF THE STATE ACQUIRES AN INTEREST IN REAL PROPERTY, INCLUDING ANY
DEED, TRANSFER, GRANT, RESERVATION, AGREEMENT CREATING AN EASEMENT, OR LEASE,
SHALL IDENTIFY THE AGENCY FOR WHOSE USE AND
BENEFIT THE INTEREST IN THE REAL PROPERTY IS ACQUIRED.
(C)(1) IF THE INSTRUMENT CONVEYS LESS THAN A FEE SIMPLE INTEREST
IN
REAL PROPERTY AND IF THE AGENCY HAS AUTHORITY
TO HOLD AN INTEREST IN PROPERTY IN ITS OWN NAME,
THE INSTRUMENT SHALL STATE THAT THE INTEREST IN THE REAL PROPERTY IS
CONVEYED "TO .......... (THE NAME OF THE AGENCY)." OTHERWISE,
THE INSTRUMENT SHALL
STATE THAT THE INTEREST IN THE REAL PROPERTY IS CONVEYED "TO THE
STATE OF OHIO FOR THE USE AND BENEFIT OF .......... (NAME OF
AGENCY)."
(2) IF THE INSTRUMENT CONVEYS A FEE SIMPLE INTEREST IN REAL
PROPERTY AND
IF THE AGENCY HAS AUTHORITY TO HOLD A FEE SIMPLE
INTEREST IN REAL PROPERTY IN ITS OWN NAME, THE DEED OR TRANSFER SHALL STATE
THAT THE INTEREST IN
THE REAL PROPERTY IS CONVEYED "TO THE .......... (NAME OF AGENCY) AND ITS
SUCCESSORS AND ASSIGNS." OTHERWISE, THE
INSTRUMENT THAT CONVEYS A FEE SIMPLE INTEREST IN THE REAL PROPERTY SHALL STATE
"TO THE STATE OF OHIO AND ITS SUCCESSORS AND ASSIGNS FOR THE
USE AND BENEFIT OF .......... (NAME OF AGENCY)."
(D) THE PURPOSE OF SPECIFYING THE NAME OF THE AGENCY IN THE
INSTRUMENT IS TO IDENTIFY THE AGENCY THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY. THE IDENTIFICATION OF THE AGENCY PURSUANT TO THIS SECTION DOES
NOT CONFER ON THAT AGENCY ANY ADDITIONAL PROPERTY RIGHTS IN REGARD TO THE
REAL PROPERTY.
Sec. 5501.32. The director of transportation may purchase
property in fee simple in the name of the state by warranty deed,
and all or any part of a tract of land when the acquisition of a
part of the land needed for highway purposes will result in
substantial damages to the residue by severance, controlled
access, or isolation. The warranty deed shall contain a
description of the property suitable for platting on tax maps. ANY
INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
The director, in the name of the state, may sell all the
right, title, and interest of the state in any part of land not
required for highway purposes, provided the director shall have
the parcel of land appraised by a department prequalified
appraiser.
Except as otherwise provided in this section, the director
shall advertise the sale of land not required for
highway purposes in a newspaper of general circulation
in the county in which the land is situated for at least two consecutive weeks
prior to the date set for the sale. The
land may be sold at public auction to the highest bidder
for not less than two-thirds of its appraised value, but the
director may reject all bids that are less than the full appraised value of
the
land.
If, however, land not required for highway purposes is
appraised as having a current
fair market value of five thousand dollars or less, the director
may sell the land to the sole abutting owner through a private
sale at a price not less than its appraised value. If there is
more than one abutting owner, the director may invite all of the
abutting owners to submit sealed bids and may sell the land to
the highest bidder at not less than its appraised value.
All expense incurred in the sale of each parcel of land
shall be paid out of the proceeds of the sale and the balance
shall be deposited in the highway fund from which the purchase
was made.
The deed to the purchaser of land under this section
shall be prepared by the auditor of state, executed by the governor,
countersigned by the secretary of state, and
shall bear the great seal of the state.
Sec. 5503.02. (A) The state highway patrol shall enforce
the laws of the state relating to the titling, registration, and
licensing of motor vehicles; enforce on all roads and highways,
notwithstanding section 4513.39 of the Revised Code, the laws
relating to the operation and use of vehicles on the highways;
enforce and prevent the violation of the laws relating to the
size, weight, and speed of commercial motor vehicles and all laws
designed for the protection of the highway pavements and
structures on the highways; investigate and enforce rules and
laws of the public utilities commission governing the
transportation of persons and property by motor carriers and
report violations of such rules and laws to the commission;
enforce against any motor transportation company as defined in
section 4921.02 of the Revised Code, any contract carrier by
motor vehicle as defined in section 4923.02 of the Revised Code,
any private motor carrier as defined in section 4923.20 of the
Revised Code, and any motor carrier as defined in section 4919.75
of the Revised Code those rules and laws that, if violated, may
result in a forfeiture as provided in section 4905.83, 4919.99, 4921.99, or
4923.99 of the
Revised Code; investigate and report violations of all laws
relating to the collection of excise taxes on motor vehicle
fuels; and regulate the movement of traffic on the roads and
highways of the state, notwithstanding section 4513.39 of the
Revised Code.
The patrol, whenever possible, shall determine the identity
of the persons who are causing or who are responsible for the
breaking, damaging, or destruction of any improved surfaced
roadway, structure, sign, marker, guardrail, or other
appurtenance constructed or maintained by the department of
transportation and shall arrest the persons who are responsible
for the breaking, damaging, or destruction and bring them before
the proper officials for prosecution.
State highway patrol troopers shall investigate and report
all motor vehicle accidents on all roads and highways outside of
municipal corporations. The superintendent of the patrol or any
state highway patrol trooper may arrest, without a warrant, any
person, who is the driver of or a passenger in any vehicle
operated or standing on a state highway, whom the superintendent or trooper
has reasonable
cause to believe is guilty of a felony, under the same
circumstances and with the same power that any peace officer may
make such an arrest.
The superintendent or any state highway patrol trooper may
enforce the criminal laws on all state properties and state
institutions, owned or leased by the state, and, when so ordered
by the governor in the event of riot, civil disorder, or
insurrection, may, pursuant to sections 2935.03 to 2935.05 of the
Revised Code, arrest offenders against the criminal laws wherever
they may be found within the state if the violations occurred
upon, or resulted in injury to person or property on, state
properties or state institutions, or under the conditions
described in division (B) of this section.
(B) In the event of riot, civil disorder, or insurrection,
or the reasonable threat of riot, civil disorder, or
insurrection, and upon request, as provided in this section, of
the sheriff of a county or the mayor or other chief executive of
a municipal corporation, the governor may order the state highway
patrol to enforce the criminal laws within the area threatened by
riot, civil disorder, or insurrection, as designated by the
governor, upon finding that law enforcement agencies within the
counties involved will not be reasonably capable of controlling
the riot, civil disorder, or insurrection and that additional
assistance is necessary. In cities in which the sheriff is under
contract to provide exclusive police services pursuant to section
311.29 of the Revised Code, in villages, and in the
unincorporated areas of the county, the sheriff has exclusive
authority to request the use of the patrol. In cities in which
the sheriff does not exclusively provide police services, the
mayor, or other chief executive performing the duties of mayor,
has exclusive authority to request the use of the patrol.
The superintendent or any state highway patrol trooper may
enforce the criminal laws within the area designated by the
governor during the emergency arising out of the riot, civil
disorder, or insurrection until released by the governor upon
consultation with the requesting authority. State highway patrol
troopers shall never be used as peace officers in connection with
any strike or labor dispute.
When a request for the use of the patrol is made pursuant
to this division, the requesting authority shall notify the law
enforcement authorities in contiguous communities and the sheriff
of each county within which the threatened area, or any part of
the threatened area, lies of the request, but the failure to
notify the authorities or a sheriff shall not affect the validity
of the request.
(C) Any person who is arrested by the superintendent or a
state highway patrol trooper shall be taken before any court or
magistrate having jurisdiction of the offense with which the
person is charged. Any person who is arrested or apprehended
within the limits of a municipal corporation shall be brought
before the municipal court or other tribunal of the municipal
corporation.
(D)(1) State highway patrol troopers have the same right
and power of search and seizure as other peace officers.
No state official shall command, order, or direct any state
highway patrol trooper to perform any duty or service that is not
authorized by law. The powers and duties conferred on the patrol
are supplementary to, and in no way a limitation on, the powers
and duties of sheriffs or other peace officers of the state.
(2)(a) A state highway patrol trooper, pursuant to the
policy established by the superintendent of the state highway
patrol under division (D)(2)(b) of this section, may render
emergency assistance to any other peace officer who has arrest
authority under section 2935.03 of the Revised Code, if both of
the following apply:
(i) There is a threat of imminent physical danger to the
peace officer, a threat of physical harm to another person, or
any other serious emergency situation;
(ii) Either the peace officer requests emergency
assistance or it appears that the peace officer is unable to
request emergency assistance and the circumstances observed by
the state highway patrol trooper reasonably indicate that
emergency assistance is appropriate.
(b) The superintendent of the state highway patrol shall
establish, within sixty days of August 8, 1991, a policy that
sets forth the manner and procedures by which a state highway
patrol trooper may render emergency assistance to any other peace
officer under division (D)(2)(a) of this section. The policy
shall include a provision that a state highway patrol trooper
never be used as a peace officer in connection with any strike or
labor dispute.
(3)(a) A state highway patrol trooper who renders
emergency assistance to any other peace officer under the policy
established by the superintendent pursuant to division (D)(2)(b)
of this section shall be considered to be performing regular
employment for the purposes of compensation, pension, indemnity
fund rights, workers' compensation, and other rights or benefits
to which the trooper may be entitled as incident to
regular employment.
(b) A state highway patrol trooper who renders emergency
assistance to any other peace officer under the policy
established by the superintendent pursuant to division (D)(2)(b)
of this section retains personal immunity from liability as
specified in section 9.86 of the Revised Code.
(c) A state highway patrol trooper who renders emergency
assistance under the policy established by the superintendent
pursuant to division (D)(2)(b) of this section has the same
authority as the peace officer for or with whom he THE STATE HIGHWAY
PATROL TROOPER is providing
emergency assistance.
(E)(1) Subject to the availability of funds specifically
appropriated by the general assembly for security detail
purposes, the state highway patrol shall provide security as
follows:
(a) For the governor;
(b) At the direction of the governor, for other officials
of the state government of this state; officials of the state
governments of other states who are visiting this state;
officials of the United States government who are visiting this
state; officials of the governments of foreign countries or their
political subdivisions who are visiting this state; or other
officials or dignitaries who are visiting this state, including,
but not limited to, members of trade missions;
(c) For the capitol square, as defined in section
105.41 of the Revised Code;
(d) For other state property.
(2) To carry out the security responsibilities of the
patrol listed in division (E)(1) of this section, the
superintendent may assign state highway patrol troopers to a
separate unit that is responsible for security details. The
number of troopers assigned to particular security details shall
be determined by the superintendent.
(3) The superintendent and any state highway patrol
trooper, when providing security pursuant to division (E)(1)(a)
or (b) of this section, have the same arrest powers as other
peace officers to apprehend offenders against the criminal laws
who endanger or threaten the security of any person being
protected, no matter where the offense occurs.
The superintendent, any state highway patrol trooper, and any special
police officer designated under section 5503.09 of the Revised Code, when
providing security pursuant to division (E)(1)(c) of this
section, shall enforce any rules governing capitol square adopted by the
capitol square review and advisory board.
(F) The governor may order the state highway patrol to
undertake major criminal investigations that involve state
property interests. If an investigation undertaken pursuant to
this division results in either the issuance of a no bill or the
filing of an indictment, the superintendent shall file a complete
and accurate report of the investigation with the president of
the senate, the speaker of the house of representatives, the
minority leader of the senate, and the minority leader of the
house of representatives within fifteen days after the issuance
of the no bill or the filing of an indictment. If the
investigation does not have as its result any prosecutorial
action, the superintendent shall, upon reporting this fact to the
governor, file a complete and accurate report of the
investigation with the president of the senate, the speaker of
the house of representatives, the minority leader of the senate,
and the minority leader of the house of representatives.
(G) The superintendent may purchase or lease real property and buildings
needed by the patrol, negotiate the sale of real property owned by the patrol,
rent or lease real property owned or leased by the patrol, and make or cause
to be made repairs to all property owned or under the control of the patrol.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS DIVISION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sections 123.01 and 125.02 of the Revised Code do not limit the powers granted
to the superintendent by this division.
Sec. 5519.01. If the director of transportation is unable
to purchase property for any purpose related to highways, roads,
or bridges authorized by Chapters 5501., 5503., 5511., 5513.,
5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528.,
5529., 5531., 5533., and 5535. of the Revised Code, or, if the
Ohio rail development commission is unable to purchase property for
any purpose necessary for the implementation of
rail service under Chapter 4981. of the Revised Code,
the director shall issue, or the commission shall
enter on the records of the commission, a finding that it is
necessary, for the public convenience and welfare, to appropriate
such property as the director or commission considers
needed for such purposes. The finding shall contain a
definite, accurate, and detailed description of the property, and the name and
place of
residence, if known or with reasonable diligence ascertainable,
of the owner of the property appropriated. The commission shall submit to the
director a copy of its record finding that the appropriation of property is
necessary. The commission shall not proceed with the appropriation unless it
is first approved by the director.
The director or commission, in such finding, shall fix what
the director or commission considers to be the value of such
property appropriated, together with
damages to the residue, and deposit the value thereof, together with
the damages, with the probate court or the court of common
pleas of the county within which the property, or a part
thereof, is situated. The power to appropriate property for any purpose
authorized by such chapters shall be exercised in the
manner provided in sections 163.01 to 163.22 of the Revised Code.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 5529.03. The director of transportation may acquire
by gift, purchase, or appropriation, any interest, estate, or
right in and to real property adjacent to highways of this state
as necessary for the restoration, preservation, and enhancement
of scenic beauty adjacent to said highways, or for the
establishment of publicly owned and controlled rest and
recreation areas and sanitary and other facilities within or
adjacent to the right-of-way of said highways to accommodate the
traveling public. Nothing in this section authorizes the
director to appropriate fee simple title to real property further
than three hundred feet from the nearest edge of the highway
right-of-way.
The director may convey or lease any such property adjacent
to the highway right-of-way to any person or entity in the manner and
subject to such
reservations, conditions, covenants, or other contractual
arrangements as the director determines will not
substantially interfere with the scenic character or beauty of
the area traversed by the highway.
The director may employ consulting engineers and enter into
contracts for consulting engineering services with any qualified
person, firm, partnership, corporation, or association to prepare
plans and estimates and generally supervise the construction and
landscaping for scenic enhancement and roadside beautification
projects, and in the awarding of such contracts compliance with
sections 5501.17 and 5525.01 of the Revised Code is not required.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 5537.06. (A) The Ohio turnpike commission may
acquire by purchase, lease, lease-purchase, lease with option to
purchase, appropriation, or otherwise and in such manner and for
such consideration as it considers proper, any public or private
property necessary, convenient, or proper for the construction,
maintenance, or efficient operation of the Ohio turnpike system.
The commission may pledge net revenues, to the extent permitted
by this chapter with respect to bonds, to secure payments to be
made by the commission under any such lease, lease-purchase
agreement, or lease with option to purchase. Title to personal
property, and interests less than a fee in real property, shall
be held in the name of the commission. Title to real property
held in fee shall be held in the name of the state for the use of
the commission. In any proceedings for appropriation under this
section, the procedure to be followed shall be in accordance with
the procedure provided in sections 163.01 to 163.22 of the
Revised Code, including division (B) of section 163.06 of the
Revised Code notwithstanding the limitation in that division of
its applicability to roads open to the public without charge.
Except as otherwise agreed upon by the owner, full compensation
shall be paid for public property so taken.
(B) This section does not authorize the commission to take
or disturb property or facilities belonging to any public utility
or to a common carrier engaged in interstate commerce, which
property or facilities are required for the proper and convenient
operation of the public utility or common carrier, unless
provision is made for the restoration, relocation, replication,
or duplication of the property or facilities elsewhere at the
sole cost of the commission.
(C) Disposition of real property shall be by the
commission in the manner and for the consideration it determines
if to a state agency or other governmental agency, and otherwise
in the manner provided in section 5501.45 of the Revised Code for
the disposition of property by the director of transportation.
Disposition of personal property shall be in the manner and for
the consideration the commission determines.
(D) ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO
THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 6121.04. The Ohio water development authority may do any or all of the
following:
(A) Adopt bylaws for the regulation of its affairs and the conduct of its
business;
(B) Adopt an official seal;
(C) Maintain a principal office and suboffices at places within the state
that it designates;
(D) Sue and plead in its own name, and be sued and impleaded in its own name
with respect to its contracts or torts of its members, employees, or agents
acting within the scope of their employment, or to enforce its obligations and
covenants made under sections 6121.06, 6121.08, and 6121.13 of the Revised
Code. Any such actions against the authority shall be brought in the court of
common pleas of the county in which the principal office of the authority is
located or in the court of common pleas of the county in which the cause of
action arose, provided that the county is located within this state, and all
summonses, exceptions, and notices of every kind shall be served on the
authority by leaving a copy thereof at the principal office with the person in
charge thereof or with the secretary-treasurer of the authority.
(E) Make loans and grants to governmental agencies for the acquisition or
construction of water development projects by any such governmental agency and
adopt rules and procedures for making such loans and grants;
(F) Acquire, construct, reconstruct, enlarge, improve, furnish, equip,
maintain, repair, operate, or lease or rent to, or contract for operation by,
a governmental agency or person, water development projects, and establish
rules for the use of such projects;
(G) Make available the use or services of any water development project to
one or more persons, one or more governmental agencies, or any combination
thereof;
(H) Issue water development revenue bonds and notes and water development
revenue refunding bonds of the state, payable solely from revenues as provided
in section 6121.06 of the Revised Code, unless the bonds are refunded by
refunding bonds, for the purpose of paying any part of the cost of one or more
water development projects or parts thereof;
(I) Acquire by gift or purchase, hold, and dispose of real and personal
property in the exercise of its powers and the performance of its duties under
this chapter;
(J) Acquire, in the name of the state, by purchase or otherwise, on such
terms and in such manner as it considers proper, or by the exercise of the
right of condemnation in the manner provided by section 6121.18 of the Revised
Code, such public or private lands, including public parks, playgrounds, or
reservations, or parts thereof or rights therein, rights-of-way, property,
rights, easements, and interests as it considers necessary for carrying out
this chapter, but excluding the acquisition by the exercise of the right of
condemnation of any waste water facility or water management facility owned by
any person or governmental agency, and compensation shall be paid for public
or private lands so taken, except that a government-owned waste water facility
may be appropriated in accordance with section 6121.041 of the Revised Code;
(K) Adopt rules to protect augmented flow in waters of the state, to the
extent augmented by a water development project, from depletion so it will be
available for beneficial use, and to provide standards for the withdrawal from
waters of the state of the augmented flow created by a water development
project that is not returned to the waters of the state so augmented and to
establish reasonable charges therefor if considered necessary by the
authority;
(L) Make and enter into all contracts and agreements and execute all
instruments necessary or incidental to the performance of its duties and the
execution of its powers under this chapter in accordance with the following
requirements:
(1) When the cost under any such contract or agreement, other than
compensation for personal services, involves an expenditure of more than ten
thousand dollars, the authority shall make a written contract with the lowest
responsive and responsible bidder, in accordance with section 9.312 of the
Revised Code, after advertisement for not less than two consecutive weeks in a
newspaper of general circulation in Franklin county, and in such other
publications as the authority determines, which shall state the general
character of the work and the general character of the materials to be
furnished, the place where plans and specifications therefor may be examined,
and the time and place of receiving bids, provided that a contract or lease
for the operation of a water development project constructed and owned by the
authority or an agreement for cooperation in the acquisition or construction
of a water development project pursuant to section 6121.13 of the Revised
Code or any contract for the construction of a water development project that
is to be leased by the authority to, and operated by, persons who are not
governmental agencies and the cost of the project is to be amortized
exclusively from rentals or other charges paid to the authority by persons who
are not governmental agencies is not subject to the foregoing requirements and
the authority may enter into such a contract or lease or such an agreement
pursuant to negotiation and upon such terms and conditions and for such period
as it finds to be reasonable and proper in the circumstances and in the best
interests of proper operation or of efficient acquisition or construction of
the project.
(2) Each bid for a contract for the construction, demolition, alteration,
repair, or reconstruction of an improvement shall contain the full name of
every person interested in it and shall meet the requirements of section
153.54 of the Revised Code.
(3) Each bid for a contract except as provided in division (L)(2) of this
section shall contain the full name of every person or company interested in
it and shall be accompanied by a sufficient bond or certified check on a
solvent bank that if the bid is accepted, a contract will be entered into and
the performance thereof secured.
(4) The authority may reject any and all bids.
(5) A bond with good and sufficient surety, approved by the authority, shall
be required of every contractor awarded a contract except as provided in
division (L)(2) of this section, in an amount equal to at least fifty per
cent of the contract price, conditioned upon the faithful performance of the
contract.
(M) Employ managers, superintendents, and other employees and retain or
contract with consulting engineers, financial consultants, accounting experts,
architects, attorneys, and other consultants and independent contractors as
are necessary in its judgment to carry out this chapter, and fix the
compensation thereof. All expenses thereof shall be payable solely from the
proceeds of water development revenue bonds or notes issued under this
chapter, from revenues, or from funds appropriated for that purpose by the
general assembly.
(N) Receive and accept from any federal agency, subject to the approval of
the governor, grants for or in aid of the construction of any water
development project or for research and development with respect to waste
water or water management facilities, and receive and accept aid or
contributions from any source of money, property, labor, or other things of
value, to be held, used, and applied only for the purposes for which the
grants and contributions are made;
(O) Engage in research and development with respect to waste water or water
management facilities;
(P) Purchase fire and extended coverage and liability insurance for any water
development project and for the principal office and suboffices of the
authority, insurance protecting the authority and its officers and employees
against liability for damage to property or injury to or death of persons
arising from its operations, and any other insurance the authority may agree
to provide under any resolution authorizing its water development revenue
bonds or in any trust agreement securing the same;
(Q) Charge, alter, and collect rentals and other charges for the use or
services of any water development project as provided in section 6121.13 of
the Revised Code;
(R) Provide coverage for its employees under sections 4123.01 to 4123.94,
4141.01 to 4141.46, and 145.01 to 145.58 of the Revised Code;
(S) Assist in the implementation and administration of the drinking water
assistance fund and program created in section 6109.22 of the Revised Code and
the water pollution control loan fund and program created in section 6111.036
of the Revised Code, including, without limitation, performing or providing
fiscal management for the funds and investing and disbursing moneys in the
funds, and enter into all necessary and appropriate agreements with the
director of environmental protection for those purposes;
(T) Issue water development revenue bonds and notes of the state in principal
amounts that are necessary for the purpose of raising moneys for the sole
benefit of the water pollution control loan fund created in section 6111.036
of the Revised Code, including moneys to meet the requirement for providing
matching moneys under division (D) of that section. The bonds and notes may
be secured by appropriate trust agreements and repaid from moneys credited to
the fund from payments of principal and interest on loans made from the fund,
as provided in division (F) of section 6111.036 of the Revised Code.
(U) Issue water development revenue bonds and notes of the state in principal
amounts that are necessary for the purpose of raising moneys for the sole
benefit of the drinking water assistance fund created in section 6109.22 of
the Revised Code, including moneys to meet the requirement for providing
matching moneys under divisions (B) and (F) of that section. The bonds
and notes may be secured by appropriate trust agreements and repaid from
moneys credited to the fund from payments of principal and interest on loans
made from the fund, as provided in division (F) of section 6109.22 of the
Revised Code.
(V) Do all acts necessary or proper to carry out the powers expressly granted
in this chapter.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 6123.04. For the purposes of this chapter, the Ohio
water development authority may:
(A) Adopt bylaws for the regulation of its affairs and the
conduct of its business under this chapter;
(B) Sue and plead in its own name; be sued and impleaded
in its own name with respect to its contracts or torts of its
members, employees, or agents acting within the scope of their
employment, or to enforce its obligations and covenants made
under sections 6123.06, 6123.08, and 6123.13 of the Revised Code.
Any such actions against the authority shall be brought in the
court of common pleas of the county in which the principal office
of the authority is located, or in the court of common pleas of
the county in which the cause of action arose, provided such
county is located within this state, and all summonses,
exceptions, and notices of every kind shall be served on the
authority by leaving a copy thereof at the principal office with
the person in charge thereof or with the secretary-treasurer of
the authority.
(C) Make loans and grants to governmental agencies for the
acquisition or construction of development projects by any such
governmental agency and adopt rules and procedures for making
such loans and grants;
(D) Acquire, construct, reconstruct, enlarge, improve,
furnish, equip, maintain, repair, operate, lease or rent to, or
contract for operation by, a person or governmental agency,
development projects, and establish rules for the use of such
projects;
(E) Make available the use or services of any development
project to one or more persons, one or more governmental
agencies, or any combination thereof;
(F) Issue development revenue bonds and notes and
development revenue refunding bonds of the state, payable solely
from revenues as provided in section 6123.06 of the Revised Code,
unless the bonds be refunded by refunding bonds, for the purpose
of paying any part of the cost of one or more development
projects or parts thereof;
(G) Acquire by gift or purchase, hold, and dispose of real
and personal property in the exercise of the powers of the
authority and the performance of its duties under this chapter;
(H) Acquire, in the name of the state, by purchase or
otherwise, on such terms and in such manner as the authority
determines proper, public or private lands, or parts thereof or
rights therein, rights-of-way, property, rights, easements, and
interests as it finds necessary for carrying out this chapter;
and compensation shall be paid for public or private lands so
taken;
(I) Make and enter into all contracts and agreements and
execute all instruments necessary or incidental to the
performance of its duties and the execution of its powers under
this chapter:
(1) When the cost under any such contract or agreement,
other than compensation for personal services, involves an
expenditure of more than two thousand dollars, the authority
shall make a written contract with the lowest responsive and
responsible bidder, in accordance with section 9.312 of the
Revised Code, after advertisement for not less than two
consecutive weeks in a newspaper of general circulation in
Franklin county, and in such other publications as the authority
determines, such notice shall state the general character of the
work and materials to be furnished, the place where plans and
specifications therefor may be examined, and the time and place
of receiving bids. Provided, that a contract or lease for the
operation of a development project constructed and owned by the
authority or an agreement for cooperation in the acquisition or
construction of a development project pursuant to section 6123.13
of the Revised Code or any contract for the construction of a
development project that is to be leased by the authority to, and
operated by, persons who are not governmental agencies and the
cost of such project is to be amortized exclusively from rentals
or other charges paid to the authority by persons who are not
governmental agencies or by governmental agencies that receive
the use or services of such project, including governmental
agencies that are parties to an agreement for cooperation in the
acquisition or construction of such development project pursuant
to section 6123.13 of the Revised Code, is not subject to the
foregoing requirements and the authority may enter into such
contract or lease or such agreement pursuant to negotiation and
upon such terms and conditions and for such period as it finds to
be reasonable and proper in the circumstances and in the best
interests of proper operation or of efficient acquisition or
construction of such project.
(2) Each bid for a contract for the construction,
demolition, alteration, repair, or reconstruction of an
improvement shall contain the full name of every person
interested in it and who meets the requirements of section 153.54
of the Revised Code.
(3) Each bid for a contract, except as provided in
division (I)(2) of this section, shall contain the full name of
every person or company interested in it and shall be accompanied
by a sufficient bond or certified check on a solvent bank that if
the bid is accepted a contract will be entered into and the
performance thereof secured.
(4) The authority may reject any and all bids.
(5) A bond with good and sufficient surety, approved by
the authority, shall be required of every contractor awarded a
contract except as provided in division (I)(2) of this section,
in an amount equal to at least fifty per cent of the contract
price, conditioned upon the faithful performance of the contract.
(J) Employ managers, superintendents, and other employees
and retain or contract with consulting engineers, financial
consultants, accounting experts, architects, attorneys, and such
other consultants and independent contractors as are necessary in
its judgment to carry out this chapter, and fix the compensation
thereof. All expenses thereof shall be payable solely from the
proceeds of development revenue bonds or notes issued under this
chapter, from revenues, or from funds appropriated for such
purpose by the general assembly.
(K) Receive and accept from any federal agency, subject to
the approval of the governor, grants for or in aid of the
construction of any development project or for research and
development with respect to solid waste facilities or energy
resource development facilities, and receive and accept aid or
contributions from any source of money, property, labor, or other
things of value, to be held, used, and applied only for the
purposes for which such grants and contributions are made;
(L) Engage in research and development with respect to
solid waste facilities or energy resource development facilities;
(M) Purchase fire and extended coverage and liability
insurance for any development project and for the principal
office and sub-offices of the authority, insurance protecting the
authority and its officers and employees against liability for
damage to property or injury to or death of persons arising from
its operations, and any other insurance the authority may agree
to provide under any resolution authorizing its development
revenue bonds or in any trust agreement securing the same;
(N) Charge, alter, and collect rentals and other charges
for the use or services of any development project as provided in
section 6123.13 of the Revised Code;
(O) Provide coverage for its employees under Chapters
145., 4123., and 4141. of the Revised Code;
(P) Do all acts necessary or proper to carry out the
powers expressly granted in this chapter.
ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT TO THIS SECTION
SHALL IDENTIFY THE AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE
REAL PROPERTY AS SPECIFIED IN SECTION 5301.012 of the Revised Code.
Sec. 6161.011. ANY INSTRUMENT BY WHICH REAL PROPERTY IS ACQUIRED PURSUANT
TO SECTION 6161.01 of the Revised Code SHALL IDENTIFY ANY
AGENCY OF THE STATE THAT HAS THE USE AND BENEFIT OF THE REAL PROPERTY AS
SPECIFIED IN SECTION 5301.012 of the Revised Code.
Section 2. That existing sections 9.20, 123.01, 123.04, 125.84, 149.302,
152.08, 152.21, 154.06, 154.16, 154.21, 154.22, 154.23, 163.02, 165.02,
175.04, 319.201, 901.63, 902.03, 991.07, 1501.01, 1515.08, 1517.17, 1519.02,
1523.01, 1545.12, 1551.12, 3354.09, 3354.13, 3355.06, 3355.10, 3357.09,
3357.12, 3358.08, 3375.40, 3377.04, 3377.14, 3706.04, 3747.06,
3747.14, 3793.031, 4582.06, 4582.31, 4981.14, 4981.32, 5119.37, 5120.46,
5123.22, 5501.32,
5503.02, 5519.01, 5529.03, 5537.06, 6121.04, and 6123.04
of the Revised Code are hereby repealed.
Section 3. Section 123.01 of the Revised Code is presented in this act
as a composite of the section as amended by
Am. Sub. H.B. 117, Am. Sub. S.B. 99, and Am. Sub. S.B. 162 of the 121st
General Assembly, with the new language of
none of the acts shown in capital letters.
Section 5503.02 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 117 and Am. S.B. 34 of the 121st General Assembly, with the new
language of
neither of the acts shown in capital letters.
This is in recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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