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As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Am. S. B. No. 137 |
SENATORS OELSLAGER-KEARNS-SPADA-FINGERHUT-WATTS-DRAKE-RAY-
GARDNER-PRENTISS-
REPRESENTATIVES PATTON-CAREY-BENDER-MEAD-
KRUPINSKI-CLANCY-BRITTON-OLMAN-FLANNERY-TRAKAS-HEALY-
EVANS-BUEHRER-R. MILLER-HOOPS-DISTEL-GOODMAN-ASLANIDES-
MYERS-HOLLISTER-ROBERTS-MOTTLEY-WIDENER-METTLER-SCHULER-
ROMAN-VERICH-HARTNETT-PERRY-CORBIN-REDFERN-D. MILLER-
BARRETT-AMSTUTZ-TIBERI-JOLIVETTE-BRADING-SMITH-J. BEATTY-
JACOBSON-LOGAN-ALLEN-JONES-OGG
A BILL
To amend sections 9.981, 109.71, 109.77, 109.78,
349.01, 2901.01, 2921.51,
2935.01, 2935.03, 4582.01, 4582.02, 4582.023, 4582.03, 4582.04,
4582.041, 4582.05, 4582.06, 4582.10, 4582.11, 4582.12, 4582.17,
4582.20, 4582.201, 4582.202, 4582.21, 4582.22, 4582.25, 4582.26, 4582.27,
4582.28,
4582.29, 4582.30, 4582.31, 4582.35, 4582.36, 4582.37, 4582.38,
4582.43, 4582.46, 4582.47, 4582.48, 4582.50, 4582.52, 4582.54,
4582.58, and 4582.99, to enact sections 1724.11, 4582.091, and
4582.431, and to repeal sections 4582.021, 4582.022,
4582.23, 4582.24, and 4582.56 of the
Revised Code to comprehensively revise the powers and duties of port
authorities, to enhance the ability of port authorities and
other political subdivisions to cooperate in the accomplishment
of mutual objectives, to establish more consistency between the
statutes governing port authorities established on or before
July 9, 1982, and those established after that date, and to make
other changes in the laws governing port authorities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.981, 109.71, 109.77, 109.78,
349.01, 2901.01, 2921.51,
2935.01, 2935.03, 4582.01, 4582.02, 4582.023, 4582.03, 4582.04,
4582.041, 4582.05, 4582.06, 4582.10, 4582.11, 4582.12, 4582.17,
4582.20, 4582.201, 4582.202, 4582.21, 4582.22, 4582.25, 4582.26, 4582.27,
4582.28,
4582.29, 4582.30, 4582.31, 4582.35, 4582.36, 4582.37, 4582.38,
4582.43, 4582.46, 4582.47, 4582.48, 4582.50, 4582.52, 4582.54,
4582.58, and 4582.99 be amended and sections 1724.11, 4582.091,
and
4582.431 of the Revised Code be enacted to read as follows:
Sec. 9.981. (A) Sections 9.98 to 9.983 of the Revised
Code are applicable to bonds:
(1) The payment of the debt service on which is to be
provided for directly or indirectly by payments contracted to be
made in the bond proceedings by the absolute obligors, being
persons other than the issuer; and
(2) Which are authorized to be issued under sections
122.39 to 122.62, Chapter 165., 902., 3377., 3706., division (E)
(D)
of section 4582.06, division (H) of section 4582.31, SECTION
4582.48, or Chapter
6121. or 6123. of the Revised Code, notwithstanding other
provisions therein.
(B) Sections 9.98 to 9.983 of the Revised Code are
applicable to bonds issued under Chapters 140., 152., 154., 175.,
and 349. of the Revised Code, and to any bonds authorized under
laws which expressly make those sections applicable.
(C) Subject to division (A) of this section, the authority
provided in sections 9.98 to 9.983 of the Revised Code is
supplemental to and not in derogation of any similar authority
provided by, derived from, or implied by, any law, the Ohio
constitution CONSTITUTION, or any charter, resolution,
or ordinance, and no
inference shall be drawn to negate the authority thereunder by
reason of the express provisions of sections 9.98 to 9.983 of the
Revised Code.
(D) Sections 9.98 to 9.983 of the Revised Code shall be
liberally construed to permit flexibility in the arrangements
therein provided to enhance the issuance of such bonds and
provide for terms most beneficial and satisfactory to the persons
which undertake to provide for their payment, security, and
liquidity.
Sec. 109.71. There is hereby created in the office of the
attorney general the Ohio peace officer training commission. The
commission shall consist of nine members appointed by the governor
with the advice and consent of the senate and selected as
follows: one member representing the public; two members who are
incumbent sheriffs; two members who are incumbent chiefs of
police; one member from the bureau of criminal identification and
investigation; one member from the state highway patrol; one
member who is the special agent in charge of a field office of
the federal bureau of investigation in this state; and one member
from the department of education, trade and industrial
education services, law enforcement training.
As used in sections 109.71 to 109.77 of the Revised Code:
(A) "Peace officer" means:
(1) A deputy sheriff, marshal, deputy marshal, member of
the organized police department of a township or municipal
corporation, member of a township police district or joint
township police district police force, member of a police force
employed by a metropolitan housing authority under division (D)
of section 3735.31 of the Revised Code, or township constable,
who is commissioned and employed as a peace officer by a
political subdivision of this state or by a metropolitan housing
authority, and whose primary duties are to preserve the peace, to
protect life and property, and to enforce the laws of this state,
ordinances of a municipal corporation, resolutions of a township,
or regulations of a board of county commissioners or board of
township trustees, or any such laws, ordinances, resolutions, or regulations;
(2) A police officer who is employed by a railroad company and
appointed and commissioned by the governor pursuant to sections
4973.17 to 4973.22 of the Revised Code;
(3) Employees of the department of taxation engaged in the
enforcement of Chapter 5743. of the Revised Code and designated
by the tax commissioner for peace officer training for purposes
of the delegation of investigation powers under section 5743.45
of the Revised Code;
(4) An undercover drug agent;
(5) Liquor control investigators of the department of public safety engaged
in the enforcement of Chapters 4301. and 4303. of the Revised Code;
(6) An employee of the department of natural resources who
is a natural resources law enforcement staff officer designated pursuant to
section 1501.013, a park officer designated pursuant to
section
1541.10, a
forest officer designated pursuant to section 1503.29, a preserve
officer designated pursuant to section 1517.10, a wildlife officer designated
pursuant to section 1531.13, or a state watercraft
officer designated pursuant to section 1547.521 of the Revised
Code;
(7) An employee of a park district who is designated
pursuant to section 511.232 or 1545.13 of the Revised Code;
(8) An employee of a conservancy district who is
designated pursuant to section 6101.75 of the Revised Code;
(9) A police officer who is employed by a hospital that
employs and maintains its own proprietary police department or
security department, and who is appointed and commissioned by the
governor pursuant to sections 4973.17 to 4973.22 of the Revised
Code;
(10) Ohio veterans' home police officers designated under
section 5907.02 of the Revised Code;
(11) A police officer who is employed by a qualified
nonprofit corporation police department pursuant to section
1702.80 of the Revised Code;
(12) A state university law enforcement officer appointed
under section 3345.04 of the Revised Code or a person serving as a state
university law enforcement officer on a permanent basis on June 19,
1978, who has been awarded a certificate by the executive director of the
Ohio peace officer training council attesting to the person's
satisfactory completion of an approved state, county, municipal, or department
of natural resources peace officer basic training program;
(13) A special police officer employed by the department of
mental health pursuant to section 5119.14 of the Revised Code or
the department of mental retardation and developmental
disabilities pursuant to section 5123.13 of the Revised Code;
(14) A member of a campus police department appointed
under section 1713.50 of the Revised Code;
(15) A member of a police force employed by a regional transit authority
under division (Y) of section 306.35 of the Revised Code;
(16) Food stamp trafficking agents of the department of
public safety
designated under section 5502.14 of the Revised Code;
(17) Investigators appointed by the auditor of state pursuant to section
117.091 of the Revised Code and engaged in the enforcement of Chapter 117. of
the Revised Code;
(18) A special police officer designated by the superintendent of the
state highway patrol pursuant to section 5503.09 of the Revised Code
or a person who was serving as a special police officer pursuant
to that section
on a permanent basis on
October 21, 1997, and who has
been awarded a certificate by the executive director of the
Ohio peace officer training
commission attesting to the person's satisfactory completion of
an approved state, county, municipal, or department of natural
resources peace officer basic training program;
(19) A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY UNDER SECTION
4582.04 OR 4582.28 OF THE REVISED CODE
OR A PERSON SERVING AS A SPECIAL POLICE OFFICER EMPLOYED
BY A PORT AUTHORITY ON A PERMANENT BASIS ON THE EFFECTIVE DATE
OF THIS AMENDMENT WHO HAS BEEN AWARDED A CERTIFICATE BY THE
EXECUTIVE DIRECTOR OF THE OHIO
PEACE OFFICER TRAINING COUNCIL ATTESTING TO THE PERSON'S
SATISFACTORY COMPLETION OF AN APPROVED STATE, COUNTY, MUNICIPAL,
OR DEPARTMENT OF NATURAL RESOURCES PEACE OFFICER BASIC TRAINING
PROGRAM.
(B) "Undercover drug agent" has the same meaning as in
division (B)(2) of section 109.79 of the Revised Code.
(C) "Crisis intervention training" means training in the
use of interpersonal and communication skills to most effectively
and sensitively interview victims of rape.
(D) "Missing children" has the same meaning as in section
2901.30 of the Revised Code.
Sec. 109.77. (A) As used in this section, "felony" has the same meaning
as in section 109.511 of the Revised Code.
(B)(1) Notwithstanding any general, special,
or local law or charter to the contrary, and except as otherwise
provided in this section, no person shall receive an original
appointment on a permanent basis as any of the following unless
the person previously has been awarded a certificate by the
executive director of the Ohio peace officer training commission
attesting to the person's satisfactory completion of an approved
state, county, municipal, or department of natural resources
peace officer basic training program:
(a) A peace officer of any county, township, municipal
corporation, regional transit authority, or metropolitan housing authority;
(b) A natural resources law enforcement staff officer, park
officer, forest officer, preserve officer,
wildlife officer, or state watercraft officer of the department
of natural resources;
(c) An employee of a park district under section 511.232
or 1545.13 of the Revised Code;
(d) An employee of a conservancy district who is
designated pursuant to section 6101.75 of the Revised Code;
(e) A state university law enforcement officer;
(f) A special police officer employed by the department of
mental health pursuant to section 5119.14 of the Revised Code or
the department of mental retardation and developmental
disabilities pursuant to section 5123.13 of the Revised Code;
(g) A food stamp trafficking agent of the department of public
safety designated under section 5502.14 of the Revised Code;
(h) A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY UNDER
SECTION 4582.04 OR 4582.28 of the Revised Code.
(2) Every person who is appointed on a temporary basis or
for a probationary term or on other than a permanent basis as any
of the following shall forfeit the appointed position unless
the person previously has completed
satisfactorily or, within the time
prescribed by rules adopted by the attorney general pursuant to
section 109.74 of the Revised Code, satisfactorily completes a
state, county, municipal, or department of natural resources
peace officer basic training program for temporary or
probationary officers and is awarded a certificate by the
director attesting to the satisfactory completion of the program:
(a) A peace officer of any county, township, municipal
corporation, regional transit authority, or metropolitan housing authority;
(b) A natural resources law enforcement staff officer, park
officer, forest officer, preserve officer,
wildlife officer, or state watercraft officer of the department
of natural resources;
(c) An employee of a park district under section 511.232
or 1545.13 of the Revised Code;
(d) An employee of a conservancy district who is
designated pursuant to section 6101.75 of the Revised Code;
(e) A special police officer employed by the department of
mental health pursuant to section 5119.14 of the Revised Code or
the department of mental retardation and developmental
disabilities pursuant to section 5123.13 of the Revised Code;
(f) A food stamp trafficking agent of the department of public
safety designated under section 5502.14 of the Revised Code;
(g) A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY UNDER
SECTION 4582.04 OR 4582.28 of the Revised Code.
(3) For purposes of division (B) of this section, a state,
county, municipal, or department of natural resources peace
officer basic training program, regardless of whether the program
is to be completed by peace officers appointed on a permanent or
temporary, probationary, or other nonpermanent basis, shall
include at least fifteen hours of training in the handling of the
offense of domestic violence, other types of domestic
violence-related offenses and incidents, and protection orders
and consent agreements issued or approved under section 2919.26
or 3113.31 of the Revised Code and at least six hours of crisis
intervention training. The requirement to complete fifteen hours
of training in the handling of the offense of domestic violence,
other types of domestic violence-related offenses and incidents,
and protection orders and consent agreements issued or approved
under section 2919.26 or 3113.31 of the Revised Code does not
apply to any person serving as a peace officer on March 27, 1979,
and the requirement to complete six hours of training in crisis
intervention does not apply to any person serving as a peace
officer on April 4, 1985. Any person who is serving as a peace
officer on April 4, 1985, who terminates that employment after
that date, and who subsequently is hired as a peace officer by
the same or another law enforcement agency shall complete the six
hours of training in crisis intervention within the time
prescribed by rules adopted by the attorney general pursuant to
section 109.742 of the Revised Code. No peace officer shall have
employment as a peace officer terminated and then be reinstated with intent to
circumvent this section.
(4) Division (B) of this section does not apply to any
person serving on a permanent basis on March 28, 1985, as a park
officer, forest officer, preserve officer, wildlife officer, or
state watercraft officer of the department of natural resources
or as an employee of a park district under section 511.232 or
1545.13 of the Revised Code, to any person serving on a permanent
basis on March 6, 1986, as an employee of a conservancy district
designated pursuant to section 6101.75 of the Revised Code, to
any person serving on a permanent basis on January 10, 1991, as a
preserve officer of the department of natural resources, to
any person employed on a permanent basis on July 2, 1992, as a
special police officer by the
department of mental health pursuant to section 5119.14 of the
Revised Code or by the department of mental retardation and
developmental disabilities pursuant to section 5123.13 of the
Revised Code, TO ANY PERSON SERVING ON A PERMANENT BASIS ON THE EFFECTIVE
DATE OF THIS AMENDMENT AS A SPECIAL POLICE OFFICER EMPLOYED BY A PORT
AUTHORITY UNDER SECTION 4582.04 OR 4582.28 of the Revised Code, or to any person
serving on a permanent basis on
June 19, 1978, as a state university law enforcement officer pursuant
to section 3345.04 of the Revised Code and who, immediately prior to June 19,
1978, was serving as a special police officer
designated under authority of that section.
(5) Division (B) of this section does not apply to any
person who is appointed as a regional transit authority police officer
pursuant to division (Y) of section 306.35 of the Revised Code if, on or
before July 1, 1996, the person has completed
satisfactorily an approved
state, county, municipal, or department of natural resources peace officer
basic training program and has been awarded a certificate by the executive
director of the Ohio peace officer training commission attesting to the
person's satisfactory completion of such an approved program and if, on
July 1, 1996, the person is performing peace officer functions for a
regional transit authority.
(C) No person, after September 20, 1984, shall receive an
original appointment on a permanent basis as a liquor control
investigator or food stamp trafficking agent of the department of
public safety, engaged in the enforcement of Chapters 4301. and 4303. of the
Revised Code, or as an Ohio veterans' home police officer
designated under section
5907.02 of the Revised
Code unless the person previously has been awarded a certificate
by the executive director of the Ohio peace officer training commission
attesting to the person's satisfactory completion of an approved
police officer basic training program. Every person who is appointed
on
a temporary basis or for a probationary term or on other than a
permanent basis as a liquor control investigator of the department
of public safety, engaged in the enforcement of Chapters 4301. and 4303. of
the Revised Code, or as an Ohio veterans' home police officer
designated under section 5907.02 of the Revised Code shall
forfeit that position unless the person previously has
completed satisfactorily or, within one year from
the time of appointment,
satisfactorily completes an approved police officer basic training
program.
No person, beginning on October 29, 1995, shall receive
an original appointment
on a permanent basis as a food stamp trafficking agent of the department of
public safety authorized to enforce Chapter 5502. and sections
2913.46 and 5101.54
of the Revised Code and engaged in the enforcement of laws and rules described
in section 5502.14 of the Revised Code unless the person previously has been
awarded a certificate by
the executive director of the Ohio peace officer training commission
attesting to the person's satisfactory completion of an approved police
officer basic
training program. Every person who is appointed on a temporary BASIS
or for a probationary term or on other than a permanent basis as a food stamp
trafficking agent shall forfeit that position unless the person previously has
completed satisfactorily, or within one year from
the time of the appointment
satisfactorily completes, an approved police officer basic training
program.
(D) No bailiff or deputy bailiff of a court of record of
this state and no criminal investigator who is employed by the
state public defender shall carry a firearm, as defined in
section 2923.11 of the Revised Code, while on duty unless the
bailiff, deputy bailiff, or criminal investigator has
done or received one of the following:
(1) Has been awarded a certificate by the executive director of the Ohio
peace officer training commission, which certificate attests to
satisfactory completion of an approved state, county, or
municipal basic training program for bailiffs and deputy bailiffs
of courts of record and for criminal investigators employed by
the state public defender that has been recommended by the Ohio
peace officer training commission;
(2) Has successfully completed
a firearms training program approved by the Ohio peace officer training
commission prior to employment as a bailiff, deputy
bailiff, or criminal investigator;
(3) Prior to June 6, 1986,
was authorized to carry a firearm by the court that
employed the bailiff or deputy bailiff or, in
the case of a criminal
investigator, by the state public defender and has received
training in the use of firearms that the Ohio peace officer training
commission determines is equivalent to the training that
otherwise is required by division (D) of this
section.
(E)(1) Prior to awarding any
certificate prescribed in this section, the executive director of
the Ohio peace officer training commission shall request the
person to whom the certificate is to be awarded to disclose, and
the person shall disclose, any previous criminal conviction of or
plea of guilty of that person to a felony.
(2) Prior to the
award by the executive director of the commission of any
certificate prescribed in this section, the prospective employer of the person
to whom the certificate is to be awarded or the commander of the peace officer
training school attended by that person shall request the bureau of criminal
identification and
investigation to conduct a criminal history records check on the person. Upon
receipt of the request, the bureau promptly shall conduct a criminal history
records check on the person and, upon completion of the check, promptly shall
provide a copy of the criminal history records check to the prospective
employer or peace officer training school commander that made the request.
Upon receipt of the copy of the
criminal history records check from the bureau, the prospective employer or
peace officer training school commander that made the request shall submit the
copy to the executive director of
the Ohio peace officer training commission. The
executive director shall not award any certificate prescribed in this section
unless the executive director has received a copy of the criminal history
records check on the person to whom the certificate is to be awarded.
(3) The executive director of the commission shall not award a certificate
prescribed in this section to a person who has been convicted of or has
pleaded guilty to a felony or who fails to disclose any
previous criminal conviction of or plea of guilty to a
felony as required under division (E)(1) of this section.
(4) The executive director of the commission shall revoke the certificate
awarded to a person as prescribed in this section, and that
person shall forfeit all of the benefits derived from being
certified as a peace officer under this section, if the person,
prior to the award of the certificate, failed to disclose any
previous criminal conviction of or plea of guilty to a
felony as required under division (E)(1)
of this section.
(F)(1) Regardless of whether the person has been awarded the
certificate or has been classified as a peace officer prior
to, on, or after
the effective date of this amendment
OCTOBER 16, 1996, the executive director of the
Ohio peace officer training commission shall revoke any
certificate that has been awarded to a person as prescribed in
this section if the person does either of the following:
(a) Pleads guilty to a felony committed on or after
January 1, 1997.
(b) Pleads guilty to a misdemeanor
committed on or after January 1, 1997, pursuant to a negotiated plea
agreement as provided in
division (D) of section 2929.29 of the Revised Code
in which the person agrees
to surrender the certificate awarded to the person under this
section.
(2) The executive director of the commission shall suspend any
certificate that has been awarded to a person as prescribed in
this section if the person is convicted, after trial, of a
felony committed on or after January 1,
1997. The executive director shall suspend the certificate
pursuant to division (F)(2) of this section
pending the outcome of an appeal by the
person from that conviction to the
highest court to which the appeal is taken or until the
expiration of the period in which an appeal is required to be
filed. If the person files an appeal that results in that person's
acquittal of the felony or conviction of a misdemeanor, or in the dismissal of
the felony charge against that person, the executive
director shall reinstate the certificate awarded to the person
under this section. If the person files an appeal from that person's
conviction of the felony and the conviction is
upheld by the highest court to which the appeal is taken or if
the person does not file a timely appeal, the executive director
shall revoke the certificate awarded to the person under this
section.
(G)(1) If a person is awarded a certificate under
this section and the certificate is revoked pursuant to division
(E)(4) or
(F) of this section, the person shall not be eligible to receive, at
any time, a certificate attesting to the person's satisfactory completion of a
peace officer basic training program.
(2) The revocation or suspension of a certificate under division
(E)(4) or (F) of this section shall be in accordance with
Chapter 119. of the Revised Code.
(H)(1) A person who was employed as a peace officer of a
county, township, or municipal corporation of the state on
January 1, 1966, and who has completed at least sixteen years of
full-time active service as such a peace officer may receive an
original appointment on a permanent basis and serve as a peace
officer of a county, township, or municipal corporation, or as a
state university law enforcement officer, without complying with
the requirements of division (B) of this section.
(2) Any person who held an appointment as a state highway
trooper on January 1, 1966, may receive an original appointment
on a permanent basis and serve as a peace officer of a county,
township, or municipal corporation, or as a state university law
enforcement officer, without complying with the requirements of
division (B) of this section.
(I) No person who is appointed as a peace officer of a
county, township, or municipal corporation on or after April 9,
1985, shall serve as a peace officer of that county, township, or
municipal corporation unless the person has received training in the
handling of missing children and child abuse and neglect cases
from an approved state, county, township, or municipal police
officer basic training program or receives the training within the time
prescribed by rules adopted by the attorney general pursuant to
section 109.741 of the Revised Code.
(J) No part of any approved state, county, or municipal
basic training program for bailiffs and deputy bailiffs of courts
of record and no part of any approved state, county, or municipal
basic training program for criminal investigators employed by the
state public defender shall be used as credit toward the
completion by a peace officer of any part of the approved state,
county, or municipal peace officer basic training program that
the peace officer is required by this section to complete
satisfactorily.
(K) This section does not apply to any member of the
police department of a municipal corporation in an adjoining
state serving in this state under a contract pursuant to section
737.04 of the Revised Code.
Sec. 109.78. (A) The executive director of the Ohio peace
officer training commission, on behalf of the
commission and in
accordance with rules promulgated by the attorney general, shall
certify persons who have satisfactorily completed approved
training programs designed to qualify persons for positions as
special police, security guards, or persons otherwise
privately employed in a police capacity and issue appropriate
certificates to such persons. Application for approval of a
training program designed to qualify persons for such positions
shall be made to the commission. An application for
approval shall
be submitted to the commission with a fee of one hundred
twenty-five
dollars, which fee shall be refunded if the application is
denied. Such programs shall cover only duties and jurisdiction
of such security guards and special police privately
employed
in a police capacity when such officers do not qualify for
training under section 109.71 of the Revised Code. A person
attending an approved basic training program administered by the
state shall pay to the agency administering the program the cost
of the person's participation in the program as determined
by the agency.
A person attending an approved basic training program
administered by a county or municipal corporation shall pay the
cost of the person's participation in the program, as
determined by the
administering subdivision, to the county or the municipal
corporation. A person who is issued a certificate for
satisfactory completion of an approved basic training program
shall pay to the commission a fee of fifteen dollars. A
duplicate
of a lost, spoliated, or destroyed certificate may be issued upon
application and payment of a fee of fifteen dollars. Such
certificate or the completion of twenty years of active duty as a
peace officer shall satisfy the educational requirements for
appointment or commission as a special police officer
or special
deputy of a political subdivision of this state.
(B)(1) The executive director of the Ohio peace officer
training commission, on behalf of the
commission and in accordance with
rules promulgated by the attorney general, shall certify basic
firearms training programs, and shall issue certificates to class
A, B, or C licensees or prospective class A, B, or C licensees
under Chapter 4749. of the Revised Code and to registered or
prospective employees of such class A, B, or C licensees who have
satisfactorily completed a basic firearms training program of the
type described in division (A)(1) of section 4749.10 of the
Revised Code.
Application for approval of a basic firearms training
program shall be made to the commission. An application
shall be
submitted to the commission with a fee of one hundred
dollars, which
fee shall be refunded if the application is denied.
A person who is issued a certificate for satisfactory
completion of an approved basic firearms training program shall
pay a fee of ten dollars to the commission. A duplicate
of a lost,
spoliated, or destroyed certificate may be issued upon
application and payment of a fee of five dollars.
(2) The executive director, on behalf of the commission
and
in accordance with rules promulgated by the attorney general,
also shall certify firearms requalification training programs and
instructors for the annual requalification of class A, B, or C
licensees under Chapter 4749. of the Revised Code and registered
or prospective employees of such class A, B, or C licensees who
are authorized to carry a firearm under section 4749.10 of the
Revised Code. Application for approval of a training program or
instructor for such purpose shall be made to the
commission. Such
an application shall be submitted to the commission with
a fee of
fifty dollars, which fee shall be refunded if the application is
denied.
(3) The executive director, upon request, also shall
review firearms training received within three years prior to November
23, 1985, by any class A, B, or C licensee
or prospective class A, B, or C licensee, or by any registered of OR
prospective employee of any class A, B, or C licensee under
Chapter 4749. of the Revised Code to determine if the training
received is equivalent to a basic firearms training program that
includes twenty hours of handgun training and five hours of
training in the use of other firearms, if any other firearm is to
be used. If the executive director determines the training was
received within the three-year period and that it is equivalent
to such a program, the executive director shall issue written
evidence of approval of the equivalency training to the licensee or
employee.
(C) There is hereby established in the state treasury the
peace officer private security fund, which shall be used by the
Ohio peace officer training commission to administer the
training
program to qualify persons for positions as special
police,
security guards, or other private employment in a police
capacity, as described in division (A) of this section, and the
training program in basic firearms and the training program for
firearms requalification, both as described in division (B) of
this section. All fees paid to the commission by
applicants for
approval of a training program designed to qualify persons for
such private police positions, basic firearms training program,
or a firearms requalification training program or instructor, as
required by division (A) or (B) of this section, by persons who
satisfactorily complete a private police training program or a
basic firearms training program, as required by division (A) or
(B) of this section, or by persons who satisfactorily requalify
in firearms use, as required by division (B)(2) of section
4749.10 of the Revised Code, shall be transmitted to the
treasurer of state for deposit in the fund. The fund shall be
used only for the purpose set forth in this division.
(D) No public or private educational institution, port
authority, or superintendent of the state highway patrol shall employ a
person as a special
police officer, security guard, or other position in
which such person
goes armed while on duty, who has not received a certificate of
having satisfactorily completed an approved basic peace officer
training program, unless the person has completed twenty
years of active duty as a peace officer.
Sec. 349.01. As used in this chapter:
(A) "New community" means a community or an addition to an
existing community planned pursuant to this chapter so that it
includes facilities for the conduct of industrial, commercial,
residential, cultural, educational, and recreational activities,
and designed in accordance with planning concepts for the
placement of utility, open space, and other supportive
facilities.
(B) "New community development program" means a program
for the development of a new community characterized by
well-balanced and diversified land use patterns and which
includes land acquisition and land development, the acquisition,
construction, operation, and maintenance of community
facilities,
and the provision of services authorized in sections 349.01 to
349.16 of the Revised Code.
(C) "New community district" means the area of land
described by the developer in the petition as set forth in
division (A) of section 349.03 of the Revised Code for
development as a new community and any lands added to such
district by amendment of the resolution establishing the
community authority.
(D) "New community authority" means a body corporate and
politic in this state, established pursuant to section 349.03 of
the Revised Code and governed by a board of trustees as provided
in section 349.04 of the Revised Code.
(E) "Developer" means any person, organized for carrying
out a new community development program and WHO owns or
controls, through leases of at least seventy-five years' duration,
options,
or contracts to purchase, the land within a new community
district, or any municipality or, county which,
OR PORT AUTHORITY THAT owns the land within a new community district,
or has the ability to acquire
such land, either by voluntary acquisition or condemnation in
order to eliminate slum, blighted, and deteriorated or
deteriorating areas and to prevent the recurrence thereof.
(F) "Organizational board of commissioners" means, if the
new community district is located in only one county, the board
of county commissioners of such county; if located in more than
one county, a board consisting of the members of the board of
county commissioners of each of the counties in which the
district is located, provided that action of such board shall
require a majority vote of the members of each separate board of
county commissioners; or, if more than half of the new community
district is located within the boundaries of the most populous
municipal corporation of a county, the legislative authority of
the municipal corporation.
(G) "Land acquisition" means the acquisition of real
property and interests in real property as part of a new
community development program.
(H) "Land development" means the process of clearing and
grading land, making, installing, or constructing water
distribution systems, sewers, sewage collection systems, steam,
gas, and electric lines, roads, streets, curbs, gutters,
sidewalks, storm drainage facilities, and other installations or
work, whether within or without the new community district, and
the construction of community facilities.
(I) "Community facilities" means all real property,
buildings, structures, or other facilities, including related
fixtures, equipment, and furnishings, to be owned, operated,
financed, constructed, and maintained under this chapter,
including public, community, village, neighborhood, or town
buildings, centers and plazas, auditoriums, day care centers,
recreation halls, educational facilities, recreational
facilities, natural resource facilities, including parks and
other open space land, lakes and streams, cultural facilities,
community streets, pathway and bikeway systems, pedestrian
underpasses and overpasses, lighting facilities, design
amenities, or other community facilities, and buildings needed in
connection with water supply or sewage disposal installations or
steam, gas, or electric lines or installation.
(J) "Cost" as applied to a new community development
program means all costs related to land acquisition and land
development, the acquisition, construction, maintenance, and
operation of community facilities and offices of the community
authority, and of providing furnishings and equipment therefor,
financing charges including interest prior to and during
construction and for the duration of the new community
development program, planning expenses, engineering expenses,
administrative expenses including working capital, and all other
expenses necessary and incident to the carrying forward of the
new community development program.
(K) "Income source" means any and all sources of income to
the community authority, including community development charges
of which the new community authority is the beneficiary as
provided in section 349.07 of the Revised Code, rentals, user
fees and other charges received by the new community authority,
any gift or grant received, any moneys received from any funds
invested by or on behalf of the new community authority, and
proceeds from the sale or lease of land and community facilities.
(L) "Community development charge" means a dollar amount
which shall be determined on the basis of the assessed valuation
of real property or interests in real property in a new community
district sold, leased, or otherwise conveyed by the developer or
the new community authority, the income of the residents of such
property subject to such charge under section 349.07 of the
Revised Code, if such property is devoted to residential uses or
to the profits of any business, a uniform fee on each parcel of
such real property originally sold, leased, or otherwise conveyed
by the developer or new community authority, or any combination
of the foregoing bases.
(M) "Proximate city" means any city that, as of the date
of filing of the petition under section 349.03 of the Revised
Code, is the most populous city of the county in which the
proposed new community district is located, is the most populous
city of an adjoining county if any portion of such city is within
five miles of any part of the boundaries of such district, or
exercises extraterritorial subdivision authority under section
711.09 of the Revised Code with respect to any part of such
district.
Sec. 1724.11. (A) WHEN A COMMUNITY IMPROVEMENT CORPORATION IS
ACTING AS AN AGENT
OF A POLITICAL SUBDIVISION DESIGNATED PURSUANT TO SECTION
1724.10 OF THE REVISED
CODE, BOTH OF THE FOLLOWING
APPLY:
(1) ANY FINANCIAL AND PROPRIETARY INFORMATION,
INCLUDING TRADE SECRETS, SUBMITTED BY OR ON BEHALF OF AN ENTITY
TO THE COMMUNITY IMPROVEMENT CORPORATION IN CONNECTION WITH THE
RELOCATION, LOCATION, EXPANSION, IMPROVEMENT, OR PRESERVATION OF
THE BUSINESS OF THAT ENTITY HELD OR KEPT BY THE COMMUNITY
IMPROVEMENT CORPORATION, OR BY ANY POLITICAL SUBDIVISION FOR
WHICH THE COMMUNITY IMPROVEMENT CORPORATION IS ACTING AS AGENT,
IS CONFIDENTIAL INFORMATION AND IS NOT A PUBLIC RECORD SUBJECT
TO SECTION 149.43 OF THE
REVISED
CODE.
(2) ANY OTHER INFORMATION SUBMITTED BY OR ON BEHALF OF
AN ENTITY TO THE COMMUNITY IMPROVEMENT CORPORATION IN CONNECTION
WITH THE RELOCATION, LOCATION, EXPANSION, IMPROVEMENT, OR
PRESERVATION OF THE BUSINESS OF THAT ENTITY HELD OR KEPT BY THE
COMMUNITY IMPROVEMENT CORPORATION, OR BY ANY POLITICAL
SUBDIVISION FOR WHICH THE COMMUNITY IMPROVEMENT CORPORATION IS
ACTING AS AGENT, IS CONFIDENTIAL INFORMATION AND IS NOT A PUBLIC
RECORD SUBJECT TO SECTION 149.43 OF THE
REVISED
CODE, UNTIL THE ENTITY COMMITS
IN WRITING TO PROCEED WITH THE RELOCATION, LOCATION, EXPANSION,
IMPROVEMENT, OR PRESERVATION OF ITS BUSINESS.
(B)(1) WHEN THE BOARD
OF TRUSTEES OF A COMMUNITY IMPROVEMENT CORPORATION OR ANY
COMMITTEE OR SUBCOMMITTEE OF SUCH A BOARD MEETS TO CONSIDER
INFORMATION THAT IS NOT A PUBLIC RECORD PURSUANT TO DIVISION
(A) OF THIS SECTION, THE BOARD,
COMMITTEE, OR SUBCOMMITTEE, BY UNANIMOUS VOTE OF ALL MEMBERS
PRESENT, MAY CLOSE THE MEETING DURING CONSIDERATION OF THE
CONFIDENTIAL INFORMATION. THE BOARD, COMMITTEE, OR SUBCOMMITTEE
SHALL CONSIDER NO OTHER INFORMATION DURING THE CLOSED
SESSION.
(2) ANY MEETING AT WHICH A DECISION OR DETERMINATION
OF THE BOARD IS MADE IN CONNECTION WITH THE RELOCATION,
LOCATION, EXPANSION, IMPROVEMENT, OR PRESERVATION OF THE
BUSINESS OF THE ENTITY SHALL BE OPEN TO THE PUBLIC.
Sec. 2901.01. (A) As used in the Revised Code:
(1) "Force" means any violence, compulsion, or constraint
physically exerted by any means upon or against a person or
thing.
(2) "Deadly force" means any force that carries a
substantial risk that it will proximately result in the death of
any person.
(3) "Physical harm to persons" means any injury, illness,
or other physiological impairment, regardless of its gravity or
duration.
(4) "Physical harm to property" means any tangible or
intangible damage to property that, in any degree, results in
loss to its value or interferes with its use or enjoyment.
"Physical harm to property" does not include wear and tear
occasioned by normal use.
(5) "Serious physical harm to persons" means any of the
following:
(a) Any mental illness or condition of such gravity as
would normally require hospitalization or prolonged psychiatric
treatment;
(b) Any physical harm that carries a substantial risk of
death;
(c) Any physical harm that involves some permanent
incapacity, whether partial or total, or that involves some
temporary, substantial incapacity;
(d) Any physical harm that involves some permanent
disfigurement or that involves some temporary, serious
disfigurement;
(e) Any physical harm that involves acute pain of such
duration as to result in substantial suffering or that involves
any degree of prolonged or intractable pain.
(6) "Serious physical harm to property" means any physical
harm to property that does either of the following:
(a) Results in substantial loss to the value of the
property or requires a substantial amount of time, effort, or
money to repair or replace;
(b) Temporarily prevents the use or enjoyment of the
property or substantially interferes with its use or enjoyment
for an extended period of time.
(7) "Risk" means a significant possibility, as contrasted
with a remote possibility, that a certain result may occur or
that certain circumstances may exist.
(8) "Substantial risk" means a strong possibility, as
contrasted with a remote or significant possibility, that a
certain result may occur or that certain circumstances may exist.
(9) "Offense of violence" means any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, 2905.01,
2905.02, 2905.11, 2907.02, 2907.03, 2907.05, 2909.02, 2909.03,
2911.01, 2911.02, 2911.11, 2917.01, 2917.02, 2917.03, 2917.31,
2919.25, 2921.03, 2921.04, 2921.34, or 2923.161 or of division (A)(1), (2), or
(3) of section 2911.12 of the Revised Code or
felonious sexual penetration in violation of former section 2907.12 of the
Revised Code;
(b) A violation of an existing or former municipal
ordinance or law of this or any other state or the United States,
substantially equivalent to any section, division, or
offense listed in
division (A)(9)(a) of this section;
(c) An offense, other than a traffic offense, under an
existing or former municipal ordinance or law of this or any
other state or the United States, committed purposely or
knowingly, and involving physical harm to persons or a risk of
serious physical harm to persons;
(d) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (A)(9)(a),
(b), or (c) of this section.
(10)(a) "Property" means any property, real or
personal, tangible or intangible, and any interest or license in
that property. "Property" includes, but is not limited to, cable
television service, other telecommunications service,
telecommunications devices, information service, computers, data,
computer software, financial
instruments associated with computers, other documents
associated with computers, or copies of the documents, whether in
machine or human readable form, trade secrets, trademarks,
copyrights, patents, and property protected by a trademark, copyright, or
patent. "Financial instruments
associated with computers" include, but are not limited to,
checks, drafts, warrants, money orders, notes of indebtedness,
certificates of deposit, letters of credit, bills of credit or
debit cards, financial transaction authorization mechanisms,
marketable securities, or any computer system representations of
any of them.
(b) As used in division (A)(10)
of this section, "trade secret" has the same meaning as in section 1333.61
of the Revised Code, and "telecommunications . service" and
"information
service" have the same
meanings as in section 2913.01 of the Revised Code.
(c) As used in divisions (A)(10) and (13) of
this section, "cable television service," "computer," "computer
software," "computer system," "computer network," "data,"
and "telecommunications device" have the same
meanings as in section 2913.01 of the Revised Code.
(11) "Law enforcement officer" means any of the following:
(a) A sheriff, deputy sheriff, constable, police officer
of a township or joint township police district, marshal, deputy
marshal, municipal police officer, member of a police force
employed by a metropolitan housing authority under division (D)
of section 3735.31 of the Revised Code, or state highway patrol
trooper;
(b) An officer, agent, or employee of the state or any of
its agencies, instrumentalities, or political subdivisions, upon
whom, by statute, a duty to conserve the peace or to enforce all
or certain laws is imposed and the authority to arrest violators
is conferred, within the limits of that statutory duty and
authority;
(c) A mayor, in the mayor's capacity as chief conservator of the
peace within the mayor's municipal corporation;
(d) A member of an auxiliary police force organized by
county, township, or municipal law enforcement authorities,
within the scope of the member's appointment or commission;
(e) A person lawfully called pursuant to section 311.07 of
the Revised Code to aid a sheriff in keeping the peace, for the
purposes and during the time when the person is called;
(f) A person appointed by a mayor pursuant to section
737.01 of the Revised Code as a special patrolling
officer during riot or emergency, for the purposes and during the time when
the person is appointed;
(g) A member of the organized militia of this state or the
armed forces of the United States, lawfully called to duty to aid
civil authorities in keeping the peace or protect against
domestic violence;
(h) A prosecuting attorney, assistant prosecuting
attorney, secret service officer, or municipal prosecutor;
(i) An Ohio veterans' home police officer appointed under
section 5907.02 of the Revised Code;
(j) A member of a police force employed by a regional
transit authority under division (Y) of section 306.35 of the Revised
Code;
(k) A SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY UNDER
SECTION 4582.04 OR 4582.28 of the Revised Code.
(12) "Privilege" means an immunity, license, or right
conferred by law, bestowed by express or implied grant,
arising out of status, position, office, or relationship, or
growing out of necessity.
(13) "Contraband" means any property described in the
following categories:
(a) Property that in and of itself is unlawful for a
person to acquire or possess;
(b) Property that is not in and of itself unlawful for a
person to acquire or possess, but that has been determined by a
court of this state, in accordance with law, to be contraband
because of its use in an unlawful activity or manner, of its
nature, or of the circumstances of the person who acquires or
possesses it, including, but not limited to, goods and personal
property described in division (D) of section 2913.34 of the Revised Code;
(c) Property that is specifically stated to be contraband
by a section of the Revised Code or by an ordinance, regulation,
or resolution;
(d) Property that is forfeitable pursuant to a section of
the Revised Code, or an ordinance, regulation, or resolution,
including, but not limited to, forfeitable firearms, dangerous
ordnance, obscene materials, and goods and personal
property described in division (D) of section 2913.34 of the Revised Code;
(e) Any controlled substance, as defined in section
3719.01 of the Revised Code, or any device, paraphernalia, money
as defined in section 1301.01 of the Revised Code, or other means
of exchange that has been, is being, or is intended to be used in
an attempt or conspiracy to violate, or in a violation of,
Chapter 2925. or 3719. of the Revised Code;
(f) Any gambling device, paraphernalia, money as defined
in section 1301.01 of the Revised Code, or other means of
exchange that has been, is being, or is intended to be used in an
attempt or conspiracy to violate, or in the violation of, Chapter
2915. of the Revised Code;
(g) Any equipment, machine, device, apparatus, vehicle,
vessel, container, liquid, or substance that has been, is being,
or is intended to be used in an attempt or conspiracy to violate,
or in the violation of, any law of this state relating to alcohol
or tobacco;
(h) Any personal property that has been, is being, or is
intended to be used in an attempt or conspiracy to commit, or in
the commission of, any offense or in the transportation of the
fruits of any offense;
(i) Any property that is acquired through the sale or
other transfer of contraband or through the proceeds of
contraband, other than by a court or a law enforcement agency
acting within the scope of its duties;
(j) Any computer, computer system, computer network,
computer software, or other telecommunications device that is
used in a conspiracy to commit, an
attempt to commit, or the commission of any offense, if the
owner of the computer, computer system, computer network, computer
software, or other telecommunications device is convicted of or
pleads guilty to the offense in which it is used.
(14) A person is "not guilty by reason of insanity"
relative to a charge of an offense only if the person proves, in the
manner specified in section 2901.05 of the Revised Code, that at
the time of the commission of the offense, the person did not know, as a
result of a severe mental disease or defect, the wrongfulness of
the person's acts.
(B)(1)(a) Subject to division (B)(2) of this section,
as used in any section contained in Title XXIX
of the Revised Code that sets forth a criminal offense,
"person" includes all of the following:
(i) An individual, corporation, business trust, estate, trust,
partnership, and association;
(ii) An unborn human who is viable.
(b) As used in any section contained in Title
XXIX of the Revised Code that does not set forth a
criminal offense, "person" includes an individual, corporation, business
trust, estate, trust, partnership, and association.
(c) As used in division (B)(1)(a) of this section:
(i) "Unborn human" means an individual organism of the species
homo sapiens from fertilization until live birth.
(ii) "Viable" means the stage of development of
a human fetus at which there is a realistic possibility of maintaining and
nourishing of a life outside the womb with or without temporary artificial
life-sustaining support.
(2) Notwithstanding division (B)(1)(a) of this section, in no case
shall the portion of the definition of the term "person" that is set forth in
division (B)(1)(a)(ii) of this section be
applied or construed in any section contained in Title XXIX of the Revised
Code that sets forth a criminal offense in any of the following manners:
(a) Except as otherwise provided in division (B)(2)(a) of this section, in a
manner so that the offense prohibits or is construed as
prohibiting any pregnant woman or her physician from performing an abortion
with the consent of the pregnant woman, with the consent of the pregnant
woman implied by law in a medical emergency, or with the approval of one
otherwise authorized by law to consent to medical treatment on behalf of the
pregnant woman. An abortion that violates the conditions described in the
immediately preceding sentence may be punished as a violation of section
2903.01, 2903.02, 2903.03, 2903.04, 2903.05, 2903.06, 2903.07, 2903.08,
2903.11, 2903.12, 2903.13, 2903.14, 2903.21, or 2903.22 of the Revised Code,
as applicable. An abortion that does not violate the conditions
described in the second immediately preceding sentence, but that does violate
section 2919.12, division (B) of section 2919.13, section 2919.15,
2919.17, or 2919.18 of the Revised Code, may be punished as a violation of
section 2919.12, division (B) of section 2919.13,
section 2919.15, 2919.17, or 2919.18 of the Revised Code, as
applicable. Consent is sufficient under this division if it is of the type
otherwise adequate to permit medical treatment to the pregnant woman, even if
it does not comply with section 2919.12 of the Revised Code.
(b) In a manner so that the offense is applied or
is construed as applying to a woman based on an act or omission of the woman
that occurs while she is or was pregnant and that results in any of the
following:
(i) Her delivery of a stillborn baby;
(ii) Her causing, in any other manner, the death in
utero of a viable, unborn human that she is carrying;
(iii) Her causing the death of her child who is born
alive but who dies from one or more injuries that are sustained while the
child is a viable, unborn human;
(iv) Her causing her child who is born alive to
sustain one or more injuries while the child is a viable, unborn human;
(v) Her causing, threatening to cause, or attempting
to cause, in any other manner, an injury, illness, or other physiological
impairment, regardless of its duration or gravity, or a mental illness or
condition, regardless of its duration or gravity, to a viable, unborn human
that she is carrying.
Sec. 2921.51. (A) As used in this section:
(1) "Peace officer" means a sheriff, deputy sheriff,
marshal, deputy marshal, member of the organized police
department of a municipal corporation, or township constable, who
is employed by a political subdivision of this state, a member of
a police force employed by a metropolitan housing authority under
division (D) of section 3735.31 of the Revised Code,
a member of a police force employed by a regional transit authority under
division (Y) of section 306.35 of the Revised Code, a state
university law enforcement officer appointed under section
3345.04 of the Revised Code, an Ohio veterans' home policeman POLICE OFFICER
appointed under section 5907.02 of the Revised Code, A SPECIAL POLICE
OFFICER EMPLOYED BY A PORT AUTHORITY UNDER SECTION 4582.04 OR 4582.28
of the Revised Code, or a state
highway patrol trooper and whose primary duties are to preserve
the peace, to protect life and property, and to enforce the laws,
ordinances, or rules of the state or any of its political
subdivisions.
(2) "Private policeman POLICE OFFICER" means any security
guard, special
policeman POLICE OFFICER, private detective, or other person who
is privately
employed in a police capacity.
(3) "Impersonate" means to act the part of, assume the
identity of, wear the uniform or any part of the uniform of, or
display the identification of a particular person or of a member
of a class of persons with purpose to make another person believe
that the actor is that particular person or is a member of that
class of persons.
(B) No person shall impersonate a peace officer or a
private policeman POLICE OFFICER.
(C) No person, by impersonating a peace officer or a
private policeman POLICE OFFICER, shall arrest or detain any person, search any
person, or search the property of any person.
(D) No person, with purpose to commit or facilitate the
commission of an offense, shall impersonate a peace officer, a
private policeman POLICE OFFICER, or an officer, agent, or employee of the
state.
(E) No person shall commit a felony while impersonating a
peace officer, a private policeman POLICE OFFICER, or an officer, agent, or
employee of the state.
(F) It is an affirmative defense to a charge under
division (B) of this section that the impersonation of the peace
officer was for a lawful purpose.
(G) Whoever violates division (B) of this section is
guilty of a misdemeanor of the fourth degree. Whoever violates
division (C) or (D) of this section is guilty of a misdemeanor of
the first degree. If the purpose of a violation of division (D)
of this section is to commit or facilitate the commission of a
felony, a violation of division (D) is a felony of the
fourth degree. Whoever violates division (E) of this section is guilty
of a felony of the third degree.
Sec. 2935.01. As used in this chapter:
(A) "Magistrate" has the same meaning as in section
2931.01 of the Revised Code.
(B) "Peace officer" includes, except as provided in section
2935.081 of the Revised Code, a sheriff; deputy
sheriff;
marshal; deputy marshal; member of the organized
police
department of any municipal corporation, including a member of
the organized police department of a municipal corporation in an
adjoining state serving in Ohio under a contract pursuant to
section 737.04 of the Revised Code; member of a police force
employed by a metropolitan housing authority under division (D)
of section 3735.31 of the Revised Code; member of a police
force employed by a
regional transit authority under division (Y) of section 306.05 of the Revised
Code; state university law
enforcement officer appointed under section 3345.04 of the
Revised Code; liquor control investigator or food stamp
trafficking agent of the department of
public safety; employee of the department of
natural resources who is a natural resources law enforcement staff officer
designated pursuant to section 1501.013 of the Revised Code, a forest officer designated
pursuant to section
1503.29 of the Revised Code, a preserve officer designated pursuant to section
1517.10 of the Revised Code, a wildlife officer designated pursuant to section
1531.13 of the Revised Code, a park officer designated pursuant to section
1541.10 of the Revised Code, or a
state
watercraft officer designated pursuant to
section 1547.521 of the Revised
Code; individual designated to perform law enforcement duties under
section 511.232, 1545.13, or 6101.75 of the Revised Code;
Ohio veterans' home police officer appointed under
section 5907.02 of the Revised Code;
SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY UNDER SECTION 4582.04
OR 4582.28 of the Revised Code;
police constable of any
township; and police officer of a township or joint township
police district; and, for the purpose of arrests within those areas,
and for the purposes of Chapter 5503. of the Revised Code, and the
filing of and service of process relating to those offenses
witnessed or investigated by them, includes the superintendent
and troopers of the state highway patrol.
(C) "Prosecutor" includes the county prosecuting attorney and
any assistant prosecutor designated to assist the county prosecuting attorney,
and, in the
case of courts inferior to courts of common pleas, includes the
village solicitor, city director of law, or similar chief legal
officer of a municipal corporation, any such officer's assistants, or any
attorney designated by the prosecuting attorney of
the county to
appear for the prosecution of a given case.
(D) "Offense," except where the context specifically
indicates otherwise, includes felonies, misdemeanors, and
violations of ordinances of municipal corporations and other
public bodies authorized by law to adopt penal regulations.
Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,
deputy marshal, municipal police officer, township constable,
police officer of a township or joint township police district,
member of a police force employed by a metropolitan housing
authority under division (D) of section 3735.31 of the Revised
Code, member of a police force employed by a regional transit authority
under division (Y) of section 306.35 of the Revised
Code, state university law enforcement officer appointed
under section 3345.04 of the Revised Code, or Ohio veterans' home
police officer appointed under section 5907.02 of the Revised Code,
OR SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY UNDER SECTION
4582.04 OR 4582.28 of the Revised Code shall
arrest and detain, until a warrant can be obtained, a
person found violating, within the limits of the political
subdivision, metropolitan housing authority housing project, regional
transit authority facilities or areas of a municipal corporation that
have been agreed to by a regional transit authority and a municipal
corporation located within its territorial
jurisdiction, college,
university, or Ohio veterans' home, OR PORT AUTHORITY in
which the peace
officer is appointed, employed, or elected, a law of this state,
an ordinance of a municipal corporation, or a resolution of a
township.
(2) A peace officer
of the department of natural resources or an individual
designated to perform law enforcement duties under section
511.232, 1545.13, or 6101.75 of the Revised
Code shall arrest and detain,
until a warrant can be obtained, a person found violating,
within the limits of the peace officer's or individual's
territorial jurisdiction, a law of this state.
(B)(1) When there is reasonable ground to believe that an
offense of violence, the offense of criminal child enticement as
defined in section 2905.05 of the Revised Code, the offense of
public indecency as defined in section 2907.09 of the Revised
Code, the offense of domestic violence as defined in section
2919.25 of the Revised Code, the offense of violating a protection order as
defined in section 2919.27 of the Revised Code, the
offense of menacing by stalking
as defined in section 2903.211 of the Revised Code, the offense
of aggravated trespass as defined in section 2911.211 of the
Revised Code, a theft offense as defined in section 2913.01 of
the Revised Code, or a felony drug abuse offense as defined in
section 2925.01 of the Revised Code, has been committed within
the limits of the political subdivision, metropolitan housing
authority housing project,
regional
transit authority facilities or those areas of a municipal corporation
that have
been agreed to by a regional transit authority and a municipal corporation
located within its territorial jurisdiction, college, university, or
Ohio veterans' home, OR PORT AUTHORITY in which the peace
officer is appointed, employed, or
elected or within the limits of the territorial jurisdiction of the peace
officer, a peace officer described in division
(A) of this section may arrest and detain until a
warrant can be obtained any person who the peace officer
has reasonable cause to believe is guilty of the violation.
(2) For purposes of division (B)(1) of this section, the
execution of any of the following constitutes reasonable ground
to believe that the offense alleged in the statement was
committed and reasonable cause to believe that the person alleged
in the statement to have committed the offense is guilty of the
violation:
(a) A written statement by a person alleging that an
alleged offender has committed the offense of menacing by
stalking or aggravated trespass;
(b) A written statement by the administrator of the
interstate compact on mental health appointed under section
5119.51 of the Revised Code alleging that a person who had been
hospitalized, institutionalized, or confined in any facility
under an order made pursuant to or under authority of section
2945.37, 2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or 2945.402 of the Revised
Code has escaped from the facility, from confinement in a vehicle
for transportation to or from the facility, or from supervision
by an employee of the facility that is incidental to
hospitalization, institutionalization, or confinement in the
facility and that occurs outside of the facility, in violation of
section 2921.34 of the Revised Code;
(c) A written statement by the
administrator of any facility in which a person has been
hospitalized, institutionalized, or confined under an order made
pursuant to or under authority of section 2945.37, 2945.371,
2945.38, 2945.39, 2945.40, 2945.401, or
2945.402 of the Revised Code alleging that
the person has escaped from the facility, from confinement in a
vehicle for transportation to or from the facility, or from
supervision by an employee of the facility that is incidental to
hospitalization, institutionalization, or confinement in the
facility and that occurs outside of the facility, in violation of
section 2921.34 of the Revised Code.
(3)(a) For purposes of division (B)(1)
of this section, a peace officer described in division
(A) of this section has
reasonable grounds to believe that the offense of domestic
violence or the offense of violating a protection order has been committed and
reasonable cause to
believe that a particular person is guilty of committing the
offense if any of the following occurs:
(i) A person executes a written statement
alleging that the person in question has committed the offense of
domestic violence or the offense of violating a protection order
against the person who executes the
statement or against a child of the person who executes the
statement.
(ii) No written statement of the type described
in division (B)(3)(a)(i) of this
section is executed, but the peace officer, based upon the peace
officer's own knowledge and observation of the facts and circumstances of
the alleged incident of the offense of domestic violence or the
alleged incident of the offense of violating a protection order
or based upon any other information,
including, but not limited to, any reasonably trustworthy
information given to the peace officer by the alleged victim
of the alleged incident of the offense or any witness of the alleged incident
of the offense, concludes that there are reasonable grounds to
believe that the offense of domestic violence or the offense of
violating a protection order has been
committed and reasonable cause to believe that the person in
question is guilty of committing the offense.
(iii) No written statement of the type
described in division (B)(3)(a)(i)
of this section is executed, but the peace officer witnessed
the person in question commit the offense of domestic violence or
the offense of violating a protection order.
(b) If pursuant to division
(B)(3)(a) of this section a peace officer has
reasonable grounds to believe that the offense of domestic
violence or the offense of violating a protection order has been committed and
reasonable cause to
believe that a particular person is guilty of committing the
offense, it is the preferred course of action in this state that
the officer arrest and detain that person pursuant to division
(B)(1) of this section until a warrant can be obtained.
If pursuant to division (B)(3)(a)
of this section a peace officer has reasonable grounds to
believe that the offense of domestic violence or the offense of
violating a protection order has been
committed and reasonable cause to believe that family or
household members have committed the offense against each other,
it is the preferred course of action in this state that the
officer, pursuant to division (B)(1) of this section,
arrest and detain until a warrant can be obtained the family or
household member who committed the offense and whom the officer
has reasonable cause to believe is the primary physical
aggressor. There is no preferred course of action in this state
regarding any other family or household member who committed the
offense and whom the officer does not have reasonable cause to
believe is the primary physical aggressor, but, pursuant to
division (B)(1) of this section, the peace officer may
arrest and detain until a warrant can be obtained any other
family or household member who committed the offense and whom the
officer does not have reasonable cause to believe is the primary
physical aggressor.
(c) If a peace officer described in division
(A) of this section does not arrest and detain a
person whom the officer has reasonable cause to believe committed
the offense of domestic violence or the offense of violating a
protection order when it is the preferred
course of action in this state pursuant to division
(B)(3)(b) of this section that the officer
arrest that person, the officer shall articulate in the
written report of the incident required by section 2935.032 of the
Revised Code a clear statement of the officer's reasons for not
arresting and detaining that person until a warrant can be obtained.
(d) In determining for purposes of division
(B)(3)(b) of this section which family or
household member is the primary physical aggressor in a situation
in which family or household members have committed the offense
of domestic violence or the offense of violating a protection
order against each other, a peace officer
described in division (A) of this section, in addition
to any other relevant circumstances, should consider all of the
following:
(i) Any history of domestic violence or of any
other violent acts by either person involved in the alleged
offense that the officer reasonably can ascertain;
(ii) If violence is alleged, whether the alleged
violence was caused by
a person acting in self-defense;
(iii) Each person's fear of physical harm, if
any, resulting from the other person's threatened use of force
against any person or resulting from the other person's use or
history of the use of force against any person, and the
reasonableness of that fear;
(iv) The comparative severity of any injuries
suffered by the persons involved in the alleged offense.
(e)(i) A peace officer described in
division (A) of this section shall not require, as a
prerequisite to arresting or charging a person who has committed
the offense of domestic violence or the offense of violating a
protection order, that the victim of the
offense specifically consent to the filing of charges against the
person who has committed the offense or sign a complaint against
the person who has committed the offense.
(ii) If a person is arrested for or charged
with committing the offense of domestic violence or the offense
of violating a protection order and if the
victim of the offense does not cooperate with the involved law
enforcement or prosecuting authorities in the prosecution of the
offense or, subsequent to the arrest or the filing of the
charges, informs the involved law enforcement or prosecuting
authorities that the victim does not wish the prosecution of the
offense to continue or wishes to drop charges against the alleged
offender relative to the offense, the involved prosecuting
authorities, in determining whether to continue with the
prosecution of the offense or whether to dismiss charges against
the alleged offender relative to the offense and notwithstanding
the victim's failure to cooperate or the victim's wishes, shall
consider all facts and circumstances that are relevant to the
offense, including, but not limited to, the statements and
observations of the peace officers who responded to the incident
that resulted in the arrest or filing of the charges and of all
witnesses to that incident.
(f) In determining pursuant to divisions (B)(3)(a) to (g) of this section
whether to arrest a person pursuant to division (B)(1) of
this section, a peace officer described in division
(A) of this section shall not consider as a factor any
possible shortage of cell space at the detention facility to
which the person will be taken subsequent to the person's
arrest or any possibility that the person's arrest might cause, contribute to,
or exacerbate overcrowding at that detention facility or at any other
detention facility.
(g) If a peace officer described in division (A) of
this section intends
pursuant to
divisions (B)(3)(a) to (g) of this section to arrest a person pursuant to
division (B)(1) of this section and if the officer is
unable to
do so because the person is not present, the officer promptly shall seek a
warrant for the arrest of the person.
(h) If a peace officer described in division
(A) of this section responds to a report of an alleged
incident of the offense of domestic violence or an alleged
incident of the offense of violating a
protection order and if the circumstances
of the incident
involved the use or threatened use of a deadly weapon or any
person involved in the incident brandished a deadly weapon during
or in relation to the incident, the deadly weapon that was used,
threatened to be used, or brandished constitutes contraband, and,
to the extent possible, the officer shall seize the deadly weapon
as contraband pursuant to section 2933.43 of the Revised
Code. Upon the seizure of a deadly weapon pursuant to
division (B)(3)(h) of this section, section
2933.43 of the Revised
Code shall apply regarding the treatment and disposition
of the deadly weapon. For purposes of that section, the
"underlying criminal offense" that was the basis of the
seizure of a deadly weapon under division (B)(3)(h) of
this section and to which the
deadly weapon had a relationship is any of the following that is
applicable:
(i) The alleged incident of the offense of
domestic violence or the alleged incident of the offense of
violating a protection order to which the
officer who seized the deadly weapon responded;
(ii) Any offense that arose out of the same
facts and circumstances as the report of the alleged incident of
the offense of domestic violence or the alleged incident of the
offense of violating a protection order to
which the officer who seized the deadly weapon responded.
(4) If, in the circumstances described in divisions (B)(3)(a) to (g) of
this section, a peace officer described in division
(A) of this section arrests and detains a person
pursuant to division (B)(1) of this section, or if,
pursuant to division (B)(3)(h) of this
section, a peace officer described in division (A) of
this section seizes a deadly weapon, the officer, to the extent
described in and in accordance with section 9.86 or 2744.03 of
the Revised Code, is immune in any civil action
for damages for injury, death, or loss to person or property that
arises from or is related to the arrest and detention or the
seizure.
(C) When there is reasonable ground to believe that a
violation of division (A), (B), or (C) of section 4506.15 or a
violation of section 4511.19 of the Revised Code has been
committed by a person operating a motor vehicle subject to
regulation by the public utilities commission of Ohio under Title
XLIX of the Revised Code, a peace officer with authority to
enforce that provision of law may stop or detain the person whom
the officer has reasonable cause to believe was operating the
motor vehicle in violation of the division or section and, after
investigating the circumstances surrounding the operation of the
vehicle, may arrest and detain the person.
(D) If a sheriff, deputy sheriff, marshal, deputy marshal,
municipal police officer, member of a police force employed by a
metropolitan housing authority under division (D) of section
3735.31 of the Revised Code, member of a police force employed by a
regional transit authority under division (Y) of section 306.35 of the Revised
Code, SPECIAL POLICE OFFICER EMPLOYED BY A PORT AUTHORITY UNDER SECTION
4582.04 OR 4582.28 of the Revised Code, township constable, police officer of a
township or joint township police district, state university
law enforcement officer appointed under section 3345.04 of the
Revised Code, peace officer of the department of natural
resources, or individual designated to perform law enforcement duties under
section 511.232, 1545.13, or 6101.75 of the Revised Code is authorized by
division (A) or
(B) of this section
to arrest and detain, within the limits of the political
subdivision, metropolitan housing authority housing project, regional
transit authority facilities or those areas of a municipal
corporation that have been agreed to by a regional transit authority and a
municipal corporation located within its territorial jurisdiction,
PORT AUTHORITY, college, or university in which the officer is
appointed,
employed, or elected or within the limits of the territorial jurisdiction
of the peace officer, a person until a warrant can be obtained, the peace
officer, outside the limits of that
territory, may pursue, arrest, and detain that person until a warrant
can be
obtained if all of the following apply:
(1) The pursuit takes place without unreasonable delay
after the offense is committed;
(2) The pursuit is initiated within the limits of the
political subdivision, metropolitan housing authority housing
project, regional transit authority facilities or those areas of a
municipal corporation that have been agreed to by a regional transit authority
and a municipal corporation located within its territorial
jurisdiction, PORT AUTHORITY, college, or university in which
the peace officer is
appointed, employed, or elected or within the limits of the
territorial jurisdiction of the peace officer;
(3) The offense involved is a felony, a misdemeanor of the
first degree or a substantially equivalent municipal ordinance, a
misdemeanor of the second degree or a substantially equivalent
municipal ordinance, or any offense for which points are
chargeable pursuant to division (G) of section 4507.021 of the
Revised Code.
(E) In addition to the authority granted under division
(A) or (B) of this section:
(1) A sheriff or deputy sheriff may arrest and detain,
until a warrant can be obtained, any person found violating
section 4503.11, 4503.21, or 4549.01, sections 4549.08 to
4549.12, section 4549.62, or Chapter 4511. or 4513. of the
Revised Code on the portion of any street or highway that is
located immediately adjacent to the boundaries of the county in
which the sheriff or deputy sheriff is elected or appointed.
(2) A member of the police force of a township police
district created under section 505.48 of the Revised Code, a
member of the police force of a joint township police district
created under section 505.481 of the Revised Code, or a
township
constable appointed in accordance with section 509.01 of the
Revised Code, who has received a certificate from the Ohio peace
officer training commission under section 109.75 of the Revised Code,
may arrest and detain, until a warrant can be obtained, any
person found violating any section or chapter of the Revised Code
listed in division (E)(1) of this section, other than sections
4513.33 and 4513.34 of the Revised Code, on the portion of any
street or highway that is located immediately adjacent to the
boundaries of the township police district or joint township
police district, in the case of a member of a township police
district or joint township police district police force, or the
unincorporated territory of the township, in the case of a
township constable. However, if the population of the township
that created the township police district served by the member's
police force, or the townships that created the joint township
police district served by the member's police force, or the
township that is served by the township constable, is sixty
thousand or less, the member of the township police district or
joint police district police force or the township constable may
not make an arrest under division (E)(2) of this
section on a state highway that is
included as part of the interstate system.
(3) A police officer or village marshal appointed,
elected, or employed by a municipal corporation may arrest and
detain, until a warrant can be obtained, any person found
violating any section or chapter of the Revised Code listed in
division (E)(1) of this section on the portion of any street or
highway that is located immediately adjacent to the boundaries of
the municipal corporation in which the police officer or village
marshal is appointed, elected, or employed.
(4) A peace
officer of the department of natural resources or an individual
designated to perform law enforcement duties under section
511.232, 1545.13, or 6101.75 of the
Revised Code may arrest and detain,
until a warrant can be obtained, any person found violating any
section or chapter of the Revised
Code listed in division
(E)(1) of this section, other
than sections 4513.33 and 4513.34 of the
Revised
Code, on the portion of any
street or highway that is located immediately adjacent to the
boundaries of the lands and waters that constitute the
territorial jurisdiction of the peace officer.
(F)(1) A department of mental health special police officer or
a department of mental retardation and developmental disabilities
special police officer may arrest without a warrant and detain until a
warrant can be obtained any person found committing on the
premises of any institution under the jurisdiction of the
particular department a misdemeanor under a law of the state.
A department of mental health special police officer or a
department of mental retardation and developmental disabilities
special police officer may arrest without a warrant and detain until a
warrant can be obtained any person who has been hospitalized,
institutionalized, or confined in an institution under the
jurisdiction of the particular department pursuant to or under
authority of section 2945.37, 2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised
Code and who is found committing on the
premises of any institution under the jurisdiction of the
particular department a violation of section 2921.34 of the
Revised Code that involves an escape from the premises of the
institution.
(2)(a) If a department of mental health special police officer
or a department of mental retardation and developmental
disabilities special police officer finds any person who has been
hospitalized, institutionalized, or confined in an institution
under the jurisdiction of the particular department pursuant to
or under authority of section 2945.37, 2945.371, 2945.38,
2945.39, 2945.40, 2945.401, or
2945.402 of the Revised Code committing a violation of
section 2921.34 of the Revised Code that involves an escape from
the premises of the institution, or if there is reasonable ground
to believe that a violation of section 2921.34 of the Revised
Code has been committed that involves an escape from the premises
of an institution under the jurisdiction of the department of
mental health or the department of mental retardation and
developmental disabilities and if a department of mental health
special police officer or a department of mental retardation and
developmental disabilities special police officer has reasonable cause
to believe that a particular person who has been hospitalized,
institutionalized, or confined in the institution pursuant to or
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,
2945.40, 2945.401, or 2945.402 of
the Revised Code is guilty of the violation, the
special police officer, outside of the premises of the institution,
may pursue, arrest, and detain that person for that violation of
section 2921.34 of the Revised Code, until a warrant can be
obtained, if both of the following apply:
(i) The pursuit takes place without unreasonable delay
after the offense is committed;
(ii) The pursuit is initiated within the premises of the
institution from which the violation of section 2921.34 of the
Revised Code occurred.
(b) For purposes of division (F)(2)(a) of this section,
the execution of a written statement by the administrator of the
institution in which a person had been hospitalized,
institutionalized, or confined pursuant to or under authority of
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or 2945.402 of the
Revised Code alleging that the person has escaped from the
premises of the institution in violation of section 2921.34 of
the Revised Code constitutes reasonable ground to
believe that the violation was committed and reasonable cause to
believe that the person alleged in the statement to have
committed the offense is guilty of the violation.
(G) As used in this section:
(1) A "department of mental health special police officer"
means a special police officer of the department of mental health
designated under section 5119.14 of the Revised Code who is
certified by the Ohio peace officer training commission under
section 109.77 of the Revised Code as having successfully
completed an approved peace officer basic training program.
(2) A "department of mental retardation and developmental
disabilities special police officer" means a special
police officer of the
department of mental retardation and developmental disabilities
designated under section 5123.13 of the Revised Code who is
certified by the Ohio peace officer training council under
section 109.77 of the Revised Code as having successfully
completed an approved peace officer basic training program.
(3) "Deadly weapon" has the same meaning as in section 2923.11 of the Revised
Code.
(4) "Family or household member" has the same meaning as in section 2919.25
of the Revised Code.
(5) "Street" or "highway" has the same meaning as in
section 4511.01 of the Revised Code.
(6) "Interstate system" has the same meaning as in section
5516.01 of the Revised Code.
(7) "Peace officer of the department of
natural resources" means an employee of the
department of natural resources who is
a natural resources law enforcement staff officer designated pursuant to
section 1501.013, a forest officer designated
pursuant to section 1503.29, a preserve officer designated
pursuant to section 1517.10, a wildlife officer designated
pursuant to section 1531.13, a park officer designated pursuant to section
1541.10, or a state watercraft officer
designated pursuant to section 1547.521 of the
Revised Code.
Sec. 4582.01. As used in sections 4582.02 to 4582.20 of
the Revised Code:
(A) "Port authority" means a port authority BODY CORPORATE AND
POLITIC created
pursuant to THE authority of section 4582.02 of the Revised Code.
(B) "Submerged lands" means the lands presently underlying
the waters of Lake Erie or formerly underlying the waters of Lake
Erie and now artificially filled between the natural shoreline
and the harbor line or the line of commercial navigation where no
harbor line has been established.
(C) "Uplands" means lands contiguous to or fronting upon
any submerged lands in this state.
(D) "Publication" means publication once a week on the
same day of the week for three consecutive weeks in a newspaper
of general circulation in the county or counties wherein such
publication is required to be made. Publication shall be
complete on the date of the last publication.
(E) "Aviation facilities" means aircraft and any
facilities used, available for use, or designed for use for the
safe navigation, landing or taking off of aircraft; for the
safety, storage, maintenance and repair of aircraft; for the
comfort and accommodations of the users of air transportation,
including persons, cargo, mail, and other property, and for the
safe and efficient operation and maintenance of airports and any
care of such facilities.
(F) "Authorized purposes" or "purpose" means either of the
following:
(1) Activities which increase THAT ENHANCE, foster, aid,
PROVIDE, or promote air or water transportation, economic
development, or residential facilities HOUSING, RECREATION,
EDUCATION, GOVERNMENTAL OPERATIONS, CULTURE, OR RESEARCH within the
jurisdiction of the port authority;
(2) Activities consistent with section AUTHORIZED BY
SECTIONS 13 AND 16 of article
ARTICLE VIII, Ohio Constitution.
(G)(C) "COST," AS APPLIED TO A PORT AUTHORITY FACILITY,
MEANS THE COST OF ACQUISITION OR CONSTRUCTION OF THE FACILITY,
AND THE COST OF ACQUISITION OF ALL LAND, RIGHTS-OF-WAY, PROPERTY
RIGHTS, EASEMENTS, FRANCHISE RIGHTS, AND INTERESTS REQUIRED FOR
THAT ACQUISITION OR CONSTRUCTION, THE COST OF DEMOLISHING OR
REMOVING ANY BUILDINGS OR STRUCTURES ON LAND SO ACQUIRED,
INCLUDING THE COST OF ACQUIRING ANY LANDS TO WHICH THOSE
BUILDINGS OR STRUCTURES MAY BE MOVED, THE COST OF ACQUIRING OR
CONSTRUCTING AND EQUIPPING A PRINCIPAL OFFICE OF THE PORT
AUTHORITY, THE COST OF DIVERTING HIGHWAYS, INTERCHANGE OF
HIGHWAYS AND ACCESS ROADS TO PRIVATE PROPERTY, INCLUDING THE
COST OF LAND OR EASEMENTS FOR THE ACCESS ROADS, THE COST OF
PUBLIC UTILITY AND COMMON CARRIER RELOCATION OR DUPLICATION, THE
COST OF ALL MACHINERY, FURNISHINGS, AND EQUIPMENT, FINANCING
CHARGES, INTEREST PRIOR TO AND DURING CONSTRUCTION AND FOR NO
MORE THAN EIGHTEEN MONTHS AFTER THE COMPLETION OF CONSTRUCTION,
ENGINEERING, EXPENSES OF RESEARCH AND DEVELOPMENT WITH RESPECT
TO PORT AUTHORITY FACILITIES, LEGAL EXPENSES, PLANS,
SPECIFICATIONS, SURVEYS, STUDIES, ESTIMATES OF COST AND
REVENUES, OTHER EXPENSES NECESSARY OR INCIDENT TO DETERMINING
THE FEASIBILITY OR PRACTICABILITY OF ACQUIRING OR CONSTRUCTING
THE FACILITY, ADMINISTRATIVE EXPENSE, AND ANY OTHER EXPENSES
NECESSARY OR INCIDENT TO ACQUIRING OR
CONSTRUCTING THE FACILITY, THE FINANCING OF SUCH ACQUISITION
OR CONSTRUCTION, INCLUDING THE AMOUNT AUTHORIZED IN THE
RESOLUTION OF THE PORT AUTHORITY PROVIDING FOR THE ISSUANCE OF
PORT AUTHORITY REVENUE BONDS TO BE PAID INTO ANY SPECIAL FUNDS
FROM THE PROCEEDS OF THE BONDS AND THE FINANCING OF THE PLACING
OF THE FACILITY IN OPERATION. ANY OBLIGATION, COST, OR EXPENSE
INCURRED BY ANY GOVERNMENTAL AGENCY OR PERSON FOR SURVEYS,
BORINGS, THE PREPARATION OF PLANS AND SPECIFICATIONS, AND OTHER
ENGINEERING SERVICES, OR ANY OTHER COST DESCRIBED ABOVE, IN
CONNECTION WITH THE ACQUISITION OR CONSTRUCTION OF A FACILITY
MAY BE REGARDED AS PART OF THE COST OF THE FACILITY AND MAY BE
REIMBURSED OUT OF THE PROCEEDS OF PORT AUTHORITY REVENUE BONDS
AS AUTHORIZED BY THIS CHAPTER.
(D) "Port authority facilities" means all real or
personal property, or ANY combination thereof, THAT IS OWNED,
LEASED, OR OTHERWISE CONTROLLED OR FINANCED BY A PORT AUTHORITY AND IS
related to or used in any commercial, industrial, distribution,
transportation,
residential, recreational, educational, cultural, or research
facility, including aviation facilities and waterport facilities,
USEFUL FOR, OR IN FURTHERANCE OF, ONE OR MORE AUTHORIZED PURPOSES.
(H)(E) "Bonds" means bonds, notes, or other forms or
evidences of obligation issued in temporary or definitive form, including
notes issued in anticipation of the issuance of bonds and renewal notes.
(F) "CONSTRUCTION," UNLESS THE CONTEXT INDICATES A
DIFFERENT MEANING OR INTENT, INCLUDES ALTERATION, CONSTRUCTION,
CREATION, DEVELOPMENT, ENLARGEMENT, IMPROVEMENT, INSTALLATION, RECONSTRUCTION,
REMODELING, AND
RENOVATION.
(G) "PERSON" MEANS ANY INDIVIDUAL, FIRM, PARTNERSHIP, OR
CORPORATION, OR
ANY COMBINATION THEREOF.
(H) "CONTRACTING
SUBDIVISION" MEANS ANY GOVERNMENTAL SUBDIVISION OR TAXING
DISTRICT OF THE STATE THAT, BY ACTION OF ITS LEGISLATIVE
AUTHORITY, ENTERS INTO AN AGREEMENT WITH A PORT AUTHORITY OR A
PORT AUTHORITY AND ONE OR MORE OTHER GOVERNMENTAL SUBDIVISIONS
OR TAXING DISTRICTS OF THE STATE. "CONTRACTING SUBDIVISION" DOES NOT MEAN A
TRANSPORTATION IMPROVEMENT DISTRICT.
(I) "GOVERNMENTAL
SUBDIVISION" INCLUDES, BUT IS NOT LIMITED TO, ANY COUNTY,
MUNICIPAL CORPORATION, TOWNSHIP, PORT AUTHORITY, WATER OR SEWER
DISTRICT, SOLID WASTE MANAGEMENT DISTRICT, SCHOOL DISTRICT,
HEALTH DISTRICT, PARK DISTRICT, SOIL AND WATER CONSERVATION
DISTRICT, WATER CONSERVANCY DISTRICT, REGIONAL TRANSIT
AUTHORITY, AIRPORT AUTHORITY,
OR OTHER DISTRICT, AUTHORITY, OR COMMISSION CREATED
PURSUANT TO THE LAWS OF THIS STATE. "GOVERNMENTAL SUBDIVISION" DOES NOT
INCLUDE A TRANSPORTATION IMPROVEMENT DISTRICT.
Sec. 4582.02. Any municipal corporation, township, county, or any combination
of a municipal corporation, municipal corporations, township, townships,
county, or counties, no one NONE of which has been
WAS included in a port authority in existence on December 16, 1964,
comprising more than one subdivision, may create a port authority. A
municipal corporation shall act by ordinance, a township shall act by
resolution of the township trustees, and a county shall
act by resolution of the county commissioners, in authorizing the creation of
a port authority. A port authority created pursuant to this section is a body
corporate and politic which THAT may sue and be sued, plead and
be impleaded, and has the powers and jurisdiction enumerated in sections
4582.01 to 4582.20, inclusive, of the Revised Code. The exercise by
such THE port authority of the powers conferred upon it shall be
deemed CONSIDERED to be essential governmental functions of this
state, but no port authority is immune from liability by reason
thereof.
Sec. 4582.023. Any political subdivision within the jurisdiction of a port
authority may appropriate and expend public funds not otherwise appropriated
to finance or subsidize the OPERATION AND AUTHORIZED purposes of the
port authority so created.
Subject to making due provisions for payment and performance of its
obligations, a port authority may be dissolved by the subdivision or
subdivisions creating it, and in such THAT event the properties
of the port authority shall be transferred to the subdivision creating
it, or, if created by more than one subdivision, to the
subdivisions creating it in such manner as may be agreed upon between
such THE subdivisions PRIOR TO THE DISSOLUTION OF THE PORT
AUTHORITY.
Sec. 4582.03. (A) A port authority created in accordance
with section 4582.02 of the Revised Code shall be governed by a
board of directors. Members of a board of directors of a port
authority created by the exclusive action of a municipal
corporation shall consist of the number of members it deems
CONSIDERS necessary and SHALL be appointed by the mayor with the
advice and
consent of the council. Members of a board of directors of a
port authority created by the exclusive action of a township
shall consist of such members as it deems CONSIDERS necessary
and shall be appointed by the township trustees of such THE
township. Members of a board of directors of a port authority created by the
exclusive
action of a county shall consist of such members as it deems
CONSIDERS necessary and SHALL be appointed by the county
commissioners of such THE county. Members of a board of
directors of a port authority
created by a combination of political subdivisions shall be
divided among such THE political subdivisions in such
proportions as such THE political subdivisions may agree and
SHALL BE appointed BY THE PARTICIPATING POLITICAL SUBDIVISIONS
in the same manner as this section provides for their THE
appointment when such OF MEMBERS BY A political subdivision
creates CREATING its own port authority. When a
port authority is created by a combination of political
subdivisions, the number of directors composing COMPRISING the
board shall
be determined by agreement between such THE political
subdivisions, WHICH NUMBER FROM TIME TO TIME MAY BE CHANGED BY
AMENDMENT OF THE AGREEMENT. The appointing body may at any time remove a
director appointed
by it for misfeasance, nonfeasance, or malfeasance in office.
Each director A MAJORITY OF THE DIRECTORS shall have been
a qualified elector ELECTORS of, or shall have had his
business THEIR BUSINESSES or place PLACES of
employment in, one or
more political subdivisions within the area of the jurisdiction
of the port authority, for a period of at least three years next
preceding his THEIR appointment.
The directors of any port authority first appointed shall
serve staggered terms. Thereafter each successor shall serve for
a term of four years, except that any person appointed to fill a
vacancy shall be appointed to only the unexpired term and any
director is eligible for reappointment.
THE BOARD OF DIRECTORS BY RULE MAY PROVIDE FOR THE REMOVAL
OF A DIRECTOR WHO FAILS TO ATTEND THREE CONSECUTIVE REGULAR
MEETINGS OF THE BOARD. IF A DIRECTOR IS SO REMOVED, A SUCCESSOR
SHALL BE APPOINTED FOR THE REMAINING TERM OF THE REMOVED
DIRECTOR IN THE SAME MANNER PROVIDED FOR THE ORIGINAL
APPOINTMENT.
The directors shall elect one of their membership as
chairman, CHAIRPERSON and another as vice chairman
VICE-CHAIRPERSON and shall designate their terms of office, and
shall appoint a secretary who need not be a director. A majority of the board
of directors shall constitute a quorum, the affirmative vote of which shall be
necessary for
any action taken by the port authority. No vacancy in the
membership of the board shall impair the rights of a quorum to
exercise all the rights and perform all the duties of the port
authority.
Each member of the board of directors of a port authority
shall be entitled to receive from the port authority such sum of
money as the board of directors may determine as compensation for
his services as director and reimbursement for his reasonable
expenses in the performance of his OFFICIAL duties.
(B) Except for civil actions that arise out of the
operation of a motor vehicle and civil actions in which the port
authority is the plaintiff, no director, officer, or employee of
a port authority shall be liable in any civil action that arises
under the law of this state for damage or injury caused in the
performance of his OFFICIAL duties, unless the director's,
officer's, or employees's EMPLOYEE'S actions were manifestly
outside the scope of his THE DIRECTOR'S, OFFICER'S, OR
EMPLOYEE'S employment or official responsibilities, or unless the
director, officer, or employee acted with malicious purpose, in bad faith, or
in a wanton or reckless manner.
This section does not eliminate, limit, or reduce any
immunity from civil liability that is conferred upon a director,
officer, or employee by any other provision of the Revised Code
or by case law.
(C)(1) A port authority shall, except as provided in
division (B) of this section, SHALL indemnify a director, officer, or
employee from liability incurred in the performance of his
OFFICIAL duties by paying any judgment in, or amount negotiated in
settlement of,
any civil action arising under federal law, the law of another
state, or the law of a foreign jurisdiction. The reasonableness
of the amount of any consent judgment or settlement is subject to
the review and approval of the board of DIRECTORS OF the port
authority. The maximum aggregate amount of indemnification paid directly from
funds to or on behalf of any director, officer, or employee
pursuant to this division shall be one million dollars per
occurrence, regardless of the number of persons who suffer
damage, injury, or death as a result of the occurrence.
(2) A port authority shall not indemnify a director,
officer, or employee under any of the following circumstances:
(a) To the extent the director, officer, or employee is
covered by a policy of insurance for civil liability purchased by
the port authority;
(b) When the director, officer, or employee acts
manifestly outside the scope of his THE DIRECTOR'S, OFFICER'S, OR
EMPLOYEE'S employment or official responsibilities, with malicious
purpose, in bad faith, or in a wanton or reckless manner;
(c) For any portion of a judgment that represents punitive
or exemplary damages;
(d) For any portion of a consent judgment or settlement
that is unreasonable.
(3) The port authority may purchase a policy or policies
of insurance on behalf of directors, officers, and employees of
the port authority from an insurer or insurers licensed to do
business in this state providing coverage for damages in
connection with any civil action, demand, or claim against the
director, officer, or employee by reason of an act or omission by
the director, officer, or employee occurring in the performance
of his OFFICIAL duties and not coming within the terms of
division
(C)(2)(b) of this section.
(4) This section does not affect any of the following:
(a) Any defense that would otherwise be available in an
action alleging personal liability of a director, officer, or
employee;
(b) The operation of section 9.83 of the Revised Code.
Sec. 4582.04. (A) A port authority created in accordance
with section 4582.02 of the Revised Code shall employ and fix the
qualifications, duties, and compensation of such ANY employees
and professional help as it may require to conduct the business of
the port and may appoint an advisory board, which shall serve
without compensation. Any employee may be suspended or
dismissed, and the services of professional help may be
terminated at any time by the port authority.
(B) A port authority may provide for the administration
and enforcement of the laws of the state by employing special
policemen, POLICE OFFICERS and may seek the assistance of other
appropriate law enforcement officers to enforce its regulations and maintain
order.
(C) Special policemen POLICE OFFICERS employed by a port
authority shall serve as a security force POLICE OFFICERS with
respect to the property, grounds, buildings, equipment, and facilities under
the control of the
port authority, to prevent hijacking of aircraft or watercraft,
protect the property of the authority AND THE PROPERTY OF OTHERS LOCATED
THEREON, suppress nuisances and
disturbances and breaches of the peace, AND enforce laws AND THE
RULES OF THE PORT AUTHORITY for the preservation of good order. In
performing their duties, special
policemen POLICE OFFICERS are vested with the same powers of
arrest as police officers under section 2935.03 of the Revised Code.
ANY PERSON EMPLOYED AS A SPECIAL POLICE OFFICER BY A PORT
AUTHORITY IS A "PUBLIC EMPLOYEE" AS DEFINED IN SECTION 145.01 OF
THE REVISED
CODE AND IS NOT A "MEMBER OF A
POLICE DEPARTMENT" AS DEFINED IN SECTION 742.01 OF THE
REVISED
CODE.
Sec. 4582.041. (A) Any A port authority created under
section 4582.02 of the Revised Code may procure and pay all or
any part of the cost of group hospitalization, surgical, major
medical, sickness and accident insurance, or group life
insurance, or a combination of any of the foregoing types of
insurance or coverage for full-time employees and their immediate
dependents FAMILIES, issued by an insurance company duly authorized
to do business in
this state.
(B) Any A port authority also may procure and pay all or any
part of the cost of a plan of group hospitalization, surgical, or
major medical, OR SICKNESS AND ACCIDENT insurance with a health
insuring corporation
holding a certificate of authority
under Chapter 1751. of the Revised Code, provided that
each
full-time employee shall be permitted to:
(1) Exercise an option between a plan offered by an
insurance company as provided in
division (A) of this section and such a plan offered by a health
insuring corporation under this division, on the condition
that the
full-time employee shall pay any amount by which the cost of the
plan offered in this division exceeds the cost of the plan
offered under division (A) of this section; and
(2) Change from one of the two plans to the other at a
time each year as determined by the port authority.
(C) A PORT AUTHORITY MAY PROCURE OR
CONTRACT FOR ANY TYPE OF INSURANCE AUTHORIZED BY DIVISION
(A) OR (B) OF THIS SECTION ON ITS OWN
OR JOINTLY AS PART OF A GROUP WITH ONE OR MORE OTHER GOVERNMENTAL
UNITS OR AGENCIES TO PROVIDE THAT INSURANCE FOR THE EMPLOYEES OF THE MEMBERS
OF THE GROUP AND THEIR FAMILIES. A PORT
AUTHORITY ALSO MAY ESTABLISH AND MAINTAIN AN INDIVIDUAL OR JOINT
SELF-INSURANCE PROGRAM FOR HOSPITALIZATION, SURGICAL, MAJOR
MEDICAL, OR SICKNESS AND ACCIDENT INSURANCE.
Sec. 4582.05. The area of jurisdiction of a port authority
created in
accordance with section 4582.02 of the Revised Code shall include
all of the
territory of the political subdivision or subdivisions creating
it, provided
that in no case OTHER THAN AS MAY RESULT FROM THE DETERMINATION OF A PORT
AUTHORITY UNDER DIVISION (C) OF SECTION 4582.201 of the Revised Code TO CHANGE THE
PROVISIONS OF CHAPTER 4582. of the Revised Code THAT GOVERN ITS
OPERATION, shall the same area be included in more than one port
authority.
Sec. 4582.06. A port authority created in accordance with
section 4582.02 of the Revised Code may:
(A) Purchase ACQUIRE, construct, reconstruct, enlarge,
improve FURNISH, equip, develop MAINTAIN, REPAIR,
sell, exchange, lease TO OR FROM, LEASE WITH AN OPTION TO PURCHASE,
convey other interests in, and OR operate port authority
facilities REAL OR PERSONAL PROPERTY, OR ANY COMBINATION THEREOF,
RELATED TO, USEFUL FOR, OR IN FURTHERANCE OF ANY AUTHORIZED PURPOSE, and
make charges for the use thereof OF ANY PORT AUTHORITY FACILITY,
which shall be not less than the charges established
for the same services furnished by a public utility or common
carrier in the JURISDICTION OF THE particular port authority
jurisdiction;
(B) Straighten, deepen, and improve any canal, channel,
river, stream, or other water course or way which THAT
may be necessary or proper in the development of the facilities of such
THE port AUTHORITY;
(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, FURNISHING, OR EQUIPPING OF ANY REAL OR PERSONAL
PROPERTY, OR ANY COMBINATION THEREOF, RELATED TO, USEFUL FOR, OR IN
FURTHERANCE of any permanent improvement which a port authority is
authorized to acquire or construct PURPOSE, in compliance with
Chapter
133. of the Revised Code, except that such THE bonds or notes
may only MAY 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
THE authority as listed and assessed for taxation.
(E)(D) 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 ACQUISITION,
CONSTRUCTION, FURNISHING, OR EQUIPPING OF ANY REAL OR PERSONAL PROPERTY, OR
ANY COMBINATION THEREOF, RELATED TO, USEFUL FOR, OR IN FURTHERANCE OF ANY
AUTHORIZED PURPOSE, including all costs in connection with or incidental
to such
acquisition, construction, or development THERETO. 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
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 THOSE loan payments, rentals, fees,
charges, or other revenues from any improvements and facilities
as THAT are designated in the resolution, including, but not
limited to the improvements and facilities, ANY PROPERTY
to be financed from or
constructed, developed, or acquired, CONSTRUCTED, FURNISHED, OR
EQUIPPED with the proceeds of the bond
issue, after provision only for the reasonable cost of operating,
maintaining, and repairing the improvements and facilities
PROPERTY 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 THAT will produce revenues sufficient to meet
THE costs of
operating, maintaining, and repairing such improvements and facilities
PROPERTY and to meet the interest and principal requirements of
such THE bonds and to establish and maintain reserves for the
foregoing purposes. The board of directors may, by resolution,
MAY 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, MAY designate additional improvements and
facilities PROPERTY of the port authority, the revenues of which
shall be pledged and be
subject to a lien for service THE PAYMENT of the principal
and interest requirements of DEBT CHARGES ON 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 THAT
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 FURNISH, or
equip real
property, plants, factories, offices, and other structures and
facilities for industry, commerce, distribution, and research
AUTHORIZED PURPOSES CONSISTENT WITH SECTION 13 OR 16 OF
ARTICLE VIII, OHIO CONSTITUTION, may
mortgage the real or personal property, or both A COMBINATION
THEREOF, to be acquired, constructed, reconstructed, developed,
enlarged, or
improved FURNISHED, OR EQUIPPED from the proceeds of such revenue
bonds, as further
security for such THE 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 THAT are DETERMINED in the
discretion of the board of
directors TO BE reasonable and proper. Such THE
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.
ALL BONDS ISSUED UNDER AUTHORITY OF THIS CHAPTER,
REGARDLESS OF FORM OR TERMS AND REGARDLESS OF ANY OTHER LAW TO
THE CONTRARY, SHALL HAVE ALL QUALITIES AND INCIDENTS OF
NEGOTIABLE INSTRUMENTS, SUBJECT TO PROVISIONS FOR REGISTRATION,
AND MAY BE ISSUED IN COUPON, FULLY REGISTERED, OR OTHER FORM, OR
ANY COMBINATION THEREOF, AS THE BOARD OF DIRECTORS DETERMINES. PROVISION MAY
BE MADE FOR THE REGISTRATION OF ANY COUPON BONDS AS TO PRINCIPAL
ALONE OR AS TO BOTH PRINCIPAL AND INTEREST, AND FOR THE
CONVERSION INTO COUPON BONDS OF ANY FULLY REGISTERED BONDS OR
BONDS REGISTERED AS TO BOTH PRINCIPAL AND INTEREST.
The revenue bonds shall bear interest at such rate or rates, SHALL
BEAR SUCH DATE OR DATES, and shall mature within forty years
following the date of
issuance and in such amount, at such TIME OR times, and in such number
of installments, as may be provided in OR PURSUANT TO the resolution
authorizing their issuance. ANY ORIGINAL ISSUE OF REVENUE BONDS SHALL
MATURE NOT LATER THAN FORTY YEARS FROM THEIR DATE OF ISSUE.
Such resolution shall also SHALL provide for the
execution and sealing of the bonds and the use of,
WHICH MAY BE BY facsimile signatures and facsimile of the seal,
UNLESS PROHIBITED BY THE RESOLUTION, AND the manner of sale of
the bonds, and such. THE RESOLUTION SHALL PROVIDE FOR, OR
PROVIDE FOR THE DETERMINATION OF, ANY other terms and conditions relative
to the
issuance, sale, and retirement of said THE bonds as
THAT the board of directors in their ITS discretion
believe DETERMINES TO BE 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 FINAL MATURITY OF ANY NOTES,
INCLUDING ANY RENEWAL NOTES, SHALL NOT BE LATER THAN FIVE YEARS FROM THE DATE
OF ISSUE OF THE ORIGINAL ISSUE OF NOTES. The FINAL MATURITY OF
ANY refunding bonds shall NOT BE LATER THAN THE LATER OF FORTY YEARS
FROM THE DATE
OF ISSUE OF THE ORIGINAL ISSUE OF BONDS OR THE DATE BY WHICH IT
IS EXPECTED, AT THE TIME OF ISSUANCE OF THE REFUNDING BONDS,
THAT THE USEFUL LIFE OF ALL OF THE PROPERTY, OTHER THAN
INTERESTS IN LAND, REFINANCED WITH PROCEEDS OF THE BONDS WILL
HAVE EXPIRED. THE REFUNDING BONDS SHALL be
sold and the proceeds applied to the purchase, redemption, or
payment of the bonds to be refunded AND THE COSTS OF ISSUANCE OF THE
REFUNDING BONDS. 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)(E) DO ANY OF THE FOLLOWING, IN
REGARD TO ANY INTERESTS IN ANY REAL OR PERSONAL PROPERTY, OR ANY
COMBINATION THEREOF, INCLUDING, WITHOUT LIMITATION, MACHINERY,
EQUIPMENT, PLANTS, FACTORIES, OFFICES, AND OTHER STRUCTURES AND
FACILITIES RELATED TO, USEFUL FOR, OR IN FURTHERANCE OF ANY
AUTHORIZED PURPOSE, FOR SUCH CONSIDERATION AND IN SUCH MANNER,
CONSISTENT WITH ARTICLE VIII, OHIO
CONSTITUTION, AS THE BOARD IN
ITS SOLE DISCRETION MAY DETERMINE:
(1) LOAN MONEYS TO ANY PERSON FOR
THE ACQUISITION, CONSTRUCTION, FURNISHING, AND EQUIPPING OF THE
PROPERTY;
(2) ACQUIRE, CONSTRUCT, MAINTAIN, REPAIR, FURNISH, AND
EQUIP THE PROPERTY;
(3) SELL TO, EXCHANGE WITH, LEASE, CONVEY OTHER INTERESTS
IN, OR LEASE WITH AN OPTION TO PURCHASE THE SAME OR ANY LESSER INTEREST IN THE
PROPERTY TO THE SAME
OR ANY OTHER PERSON OR GOVERNMENTAL ENTITY;
(4) GUARANTEE THE OBLIGATIONS OF ANY PERSON OR GOVERNMENTAL ENTITY.
A PORT AUTHORITY MAY ACCEPT AND HOLD AS CONSIDERATION FOR
THE CONVEYANCE OF PROPERTY OR ANY INTEREST THEREIN SUCH PROPERTY
OR INTERESTS THEREIN AS THE BOARD IN ITS DISCRETION MAY
DETERMINE, NOTWITHSTANDING ANY RESTRICTIONS THAT APPLY TO THE
INVESTMENT OF FUNDS BY A PORT AUTHORITY.
(F) CONSTRUCT, MAINTAIN, REPAIR, FURNISH,
EQUIP, SELL, EXCHANGE,
LEASE, OR LEASE WITH AN OPTION TO PURCHASE, ANY PROPERTY THAT IT
IS AUTHORIZED TO ACQUIRE. A PORT AUTHORITY THAT IS SUBJECT TO THIS SECTION
ALSO MAY
OPERATE ANY PROPERTY IN
CONNECTION WITH TRANSPORTATION, RECREATIONAL, GOVERNMENTAL
OPERATIONS, OR CULTURAL ACTIVITIES.
(1) ANY PURCHASE, EXCHANGE,
SALE, LEASE, LEASE WITH AN OPTION TO PURCHASE, CONVEYANCE OF
OTHER INTERESTS IN, OR OTHER CONTRACT WITH A PERSON OR
GOVERNMENTAL ENTITY THAT PERTAINS TO THE ACQUISITION,
CONSTRUCTION, MAINTENANCE, REPAIR, FURNISHING, EQUIPPING, OR
OPERATION OF ANY REAL OR PERSONAL PROPERTY, OR ANY COMBINATION
THEREOF, RELATED TO, USEFUL FOR, OR IN FURTHERANCE OF AN
ACTIVITY CONTEMPLATED BY
SECTION 13 OR 16 OF ARTICLE VIII, OHIO
CONSTITUTION, SHALL BE MADE IN
SUCH MANNER AND SUBJECT TO SUCH TERMS AND CONDITIONS AS MAY BE
DETERMINED BY THE BOARD OF DIRECTORS IN ITS DISCRETION.
(2) DIVISION (F)(1) OF THIS SECTION APPLIES TO ALL
CONTRACTS THAT ARE SUBJECT TO THE DIVISION, NOTWITHSTANDING ANY
OTHER PROVISION OF LAW THAT MIGHT OTHERWISE APPLY, INCLUDING,
WITHOUT LIMITATION, ANY REQUIREMENT OF NOTICE, ANY REQUIREMENT
OF COMPETITIVE BIDDING OR SELECTION, OR ANY REQUIREMENT FOR THE
PROVISION OF SECURITY.
(3) DIVISIONS (F)(1) AND (2)
OF THIS SECTION DO NOT APPLY TO EITHER OF THE FOLLOWING:
(a) ANY CONTRACT SECURED BY
OR TO BE PAID FROM MONEYS RAISED BY TAXATION OR THE PROCEEDS OF
OBLIGATIONS SECURED BY A PLEDGE OF MONEYS
RAISED BY TAXATION;
(b) ANY CONTRACT SECURED EXCLUSIVELY BY OR TO BE
PAID EXCLUSIVELY FROM THE GENERAL REVENUES OF THE PORT
AUTHORITY. FOR THE PURPOSES OF THIS SECTION, ANY REVENUES
DERIVED BY THE PORT AUTHORITY UNDER A LEASE OR OTHER AGREEMENT
THAT, BY ITS TERMS, CONTEMPLATES THE USE OF AMOUNTS PAYABLE
UNDER THE AGREEMENT EITHER TO PAY THE COSTS OF THE IMPROVEMENT
THAT IS THE SUBJECT OF THE CONTRACT OR TO SECURE OBLIGATIONS OF
THE PORT AUTHORITY ISSUED TO FINANCE COSTS OF SUCH IMPROVEMENT,
ARE EXCLUDED FROM GENERAL REVENUES.
(G) 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
TO acquire land or property therefor, in a manner consistent with
section 4582.17 of the Revised Code;
(G)(H) 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 ANY AUTHORIZED PURPOSE, 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 A
result of such proceedings, are on hand and available for
such
purposes THAT PURPOSE, 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 AGENCY OR POLITICAL SUBDIVISION OF THIS STATE, public
utility, or common carrier, which property or
facilities are necessary and convenient in the operation of such
public corporation THE AGENCY OR POLITICAL SUBDIVISION, public
utility, or common carrier, unless
provision is made for the restoration, relocating RELOCATION, or
duplication of such THE property or facilities, or upon the
election of such
public corporation THE AGENCY OR POLITICAL SUBDIVISION, 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
THE 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)(K) 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)(I) Enjoy and possess the same rights, privileges, and
powers granted municipal corporations under sections 721.04 to
721.11 of the Revised Code;
(I)(J) Maintain such funds as it considers necessary;
(J)(K) 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)(L) 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 THE 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 THE
sale, lease, or conveyance may be made without advertising and the
receipt of bids.
(L)(M) 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)(N) Adopt rules, not in conflict with general law,
governing the use of AND THE SAFEGUARDING OF its property, grounds,
buildings, equipment,
and facilities, SAFEGUARDING PERSONS AND THEIR PROPERTY LOCATED ON OR IN
PORT AUTHORITY PROPERTY, 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 LESS THAN FIVE PUBLIC PLACES IN THE PORT AUTHORITY, AS
DETERMINED BY THE BOARD OF DIRECTORS, FOR A PERIOD OF NOT FEWER THAN FIFTEEN
DAYS, AND SHALL BE AVAILABLE FOR PUBLIC INSPECTION AT THE
PRINCIPAL OFFICE OF THE PORT AUTHORITY DURING REGULAR BUSINESS
HOURS. No person shall violate any lawful regulation adopted and posted
as provided in this division.
(N)(O) 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.
Sec. 4582.091. (A)FINANCIAL AND PROPRIETARY
INFORMATION, INCLUDING TRADE SECRETS, SUBMITTED BY OR ON BEHALF
OF AN EMPLOYER TO A PORT AUTHORITY OR TO A NONPROFIT CORPORATION
ENGAGED BY CONTRACT TO PROVIDE ECONOMIC DEVELOPMENT SERVICES FOR
A PORT AUTHORITY, IN CONNECTION WITH THE RELOCATION, LOCATION,
EXPANSION, IMPROVEMENT, OR PRESERVATION OF THE BUSINESS OF THAT
EMPLOYER IS NOT A PUBLIC RECORD SUBJECT TO SECTION 149.43 OF THE
REVISED
CODE. ANY OTHER INFORMATION
SUBMITTED BY SUCH AN EMPLOYER UNDER SUCH CIRCUMSTANCES IS NOT A
PUBLIC RECORD SUBJECT TO SECTION 149.43 OF THE
REVISED CODE UNTIL THAT
EMPLOYER COMMITS IN WRITING TO PROCEED WITH THE RELOCATION,
LOCATION, EXPANSION, IMPROVEMENT, OR PRESERVATION.
(B) NOTWITHSTANDING
SECTION 121.22 OF THE REVISED
CODE, THE BOARD OF DIRECTORS OF
A PORT AUTHORITY AND THE BOARD OF TRUSTEES OF A NONPROFIT
CORPORATION DESCRIBED IN DIVISION
(A) OF THIS SECTION, AND ANY
COMMITTEE OR SUBCOMMITTEE OF EITHER, WHEN CONSIDERING
INFORMATION THAT IS NOT A PUBLIC RECORD UNDER THIS SECTION, MAY
CLOSE ANY MEETING DURING THE CONSIDERATION OF THAT INFORMATION
PURSUANT TO A VOTE OF A MAJORITY OF THE MEMBERS PRESENT ON A
MOTION STATING THAT SUCH INFORMATION IS TO BE CONSIDERED. NO
OTHER MATTERS SHALL BE CONSIDERED DURING THE CLOSED
SESSION.
Sec. 4582.10. The port authority shall foster and
encourage the participation of private enterprise in the
development of port authority facilities to the fullest extent it
considers practicable in the interest of limiting the necessity
of construction and operation of such THOSE facilities by the
port authority. For this purpose the port authority shall upon a
written request by any person, partnership, or corporation, filed
with the secretary of the board of directors within thirty days
following the journalization of the order of the adoption of an
official plan as provided in sections 4582.07 and 4582.08 of the
Revised Code, submit a proposal to provide, operate, and maintain
any facility included in such plan, by publication of and
invitation for bids therefor based upon specifications prepared
by the board of directors.
The board of directors may accept, subject to section
123.151 of the Revised Code, the bid of the person, partnership,
or corporation it considers best qualified by financial
responsibility and business experience to construct and operate
such facility or facilities in accordance with its official plan.
Sec. 4582.11. Nothing contained in sections 4582.01 to 4582.16,
inclusive, of the Revised Code shall:
(A) Impair the provisions of law or ordinance directing the payment of
revenues derived from public property into sinking funds or dedicating
such THOSE revenues to specific purposes;
(B) Impair the powers of any county, township, or municipal corporation to
develop or improve port and terminal facilities except as restricted by
section
4582.16 of the Revised Code;
(C) Enlarge, alter, diminish, or affect in any way, any lease or conveyance
made, or action taken prior to the creation of a port authority in accordance
with section 4582.02 of the Revised Code by any municipal corporation under
the provisions of sections 721.04 to 721.11, inclusive, of the Revised
Code, or by
any county under the provisions of section 307.65 of the Revised Code;
(D) Impair or interfere with the exercise of any permit for the removal of
sand or gravel, or other similar permits issued by this state or the United
States;
(E) IMPAIR OR CONTRAVENE APPLICABLE FEDERAL REGULATIONS.
Sec. 4582.12. (A) Except as otherwise provided in
division (E) of section 307.671 of the Revised Code, division (A)
of this section does not apply to a port authority educational
and cultural facility acquired, constructed, and equipped
pursuant to a cooperative agreement entered into under section
307.671 of the Revised Code.
When EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION,
WHEN the cost of a contract for the creation, construction,
alteration, or repair of any port authority facilities BUILDING,
STRUCTURE, OR OTHER IMPROVEMENT undertaken by a port authority created
in accordance with section 4582.02 of
the Revised Code involves an expenditure exceeding ten
TWENTY-FIVE thousand
dollars and the port authority is the contracting entity, the
port authority shall make a written contract after complying with
section 123.151 of the Revised Code and after notice calling for
bids for the award of the contract has been given by publication as
provided by section 4582.01 of the Revised Code TWICE, WITH AT LEAST
SEVEN DAYS BETWEEN PUBLICATIONS, IN A NEWSPAPER OF GENERAL CIRCULATION IN THE
AREA OF THE JURISDICTION OF THE PORT AUTHORITY. No EACH
SUCH contract
shall be let except to the lowest responsive and responsible
bidder in accordance with section 9.312 of the Revised Code.
Every contract let shall be in writing and if the contract
involves work or construction, it shall be accompanied by or
shall refer to plans and specifications for the work to be done,
prepared for and approved by the port authority, signed by the
chairman AN AUTHORIZED OFFICER of the port authority and by the
contractor, and shall
be executed in triplicate.
Each bid shall be awarded in accordance with sections
153.54, 153.57, and 153.571 of the Revised Code.
The port authority may reject any and all bids.
(B) THE BOARD OF DIRECTORS OF A PORT AUTHORITY BY RULE MAY
PROVIDE CRITERIA FOR THE NEGOTIATION AND AWARD WITHOUT
COMPETITIVE BIDDING OF ANY CONTRACT AS TO WHICH THE PORT
AUTHORITY IS THE CONTRACTING ENTITY FOR THE CONSTRUCTION OF ANY
BUILDING, STRUCTURE, OR OTHER IMPROVEMENT UNDER ANY OF THE
FOLLOWING CIRCUMSTANCES:
(1) THERE EXISTS A REAL AND PRESENT EMERGENCY THAT
THREATENS DAMAGE OR INJURY TO PERSONS OR PROPERTY OF THE PORT
AUTHORITY OR OTHER PERSONS, PROVIDED
THAT A STATEMENT SPECIFYING THE NATURE OF THE EMERGENCY THAT IS
THE BASIS FOR THE NEGOTIATION AND AWARD OF A CONTRACT WITHOUT
COMPETITIVE BIDDING SHALL BE SIGNED BY THE OFFICER OF THE PORT
AUTHORITY THAT EXECUTES THAT CONTRACT AT THE TIME OF THE
CONTRACT'S EXECUTION AND SHALL BE ATTACHED TO THE
CONTRACT.
(2) A COMMONLY RECOGNIZED INDUSTRY OR OTHER STANDARD OR
SPECIFICATION DOES NOT EXIST AND CANNOT OBJECTIVELY BE
ARTICULATED FOR THE IMPROVEMENT.
(3) THE CONTRACT IS FOR ANY ENERGY CONSERVATION MEASURE AS DEFINED IN
SECTION 307.041 OF THE REVISED CODE.
(4) WITH RESPECT TO MATERIAL TO BE INCORPORATED INTO THE IMPROVEMENT, ONLY
A SINGLE SOURCE OR SUPPLIER EXISTS FOR THE
MATERIAL.
(5) A SINGLE BID IS RECEIVED BY THE PORT AUTHORITY AFTER
COMPLYING WITH THE PROVISIONS OF DIVISION
(A) OF THIS SECTION.
(C)(1) IF
A CONTRACT IS TO BE NEGOTIATED AND AWARDED WITHOUT
COMPETITIVE BIDDING FOR THE REASON SET FORTH IN DIVISION
(B)(2) OF THIS SECTION, THE
PORT AUTHORITY SHALL PUBLISH A NOTICE CALLING FOR TECHNICAL
PROPOSALS AT LEAST TWICE, WITH AT LEAST SEVEN DAYS BETWEEN
PUBLICATIONS, IN A NEWSPAPER OF GENERAL CIRCULATION IN THE AREA
OF THE PORT AUTHORITY. AFTER RECEIPT OF THE TECHNICAL
PROPOSALS, THE PORT AUTHORITY MAY NEGOTIATE WITH AND AWARD A
CONTRACT FOR THE IMPROVEMENT TO THE PROPOSER MAKING THE PROPOSAL
CONSIDERED TO BE THE MOST ADVANTAGEOUS TO THE PORT AUTHORITY.
(2) IF A CONTRACT IS TO BE NEGOTIATED AND AWARDED WITHOUT
COMPETITIVE BIDDING FOR THE REASON SET FORTH IN
DIVISION (B)(4) OF THIS SECTION,
ANY CONSTRUCTION ACTIVITIES RELATED TO THE INCORPORATION OF THE
MATERIAL INTO THE IMPROVEMENT ALSO MAY BE PROVIDED WITHOUT
COMPETITIVE BIDDING BY THE SOURCE OR SUPPLIER OF THAT
MATERIAL.
(D) No contract for the creation, construction,
alteration, or repair of any building, structure, or other
improvement and no loan agreement for the borrowing of funds for
any such improvement undertaken by a port authority, where the
port authority is the contracting entity, shall be executed
unless laborers and mechanics employed on such improvements are
paid at the prevailing rates of wages of laborers and mechanics
for the class of work called for by the improvement, which.
THE wages shall be determined in accordance with the requirements of
Chapter 4115. of the Revised Code for THE determination of prevailing
wage rates, provided that the requirements of this section do not
apply where the federal government or any of its agencies
furnishes by loan or grant all or any part of the funds used in
connection with such project and prescribes predetermined minimum
wages to be paid to such THE laborers and mechanics.
Sec. 4582.17. (A) A port authority created in accordance with
section 4582.02 of the Revised Code may enter into such contracts
or other arrangements with the United States government, or any
department thereof, with persons, railroads, or other
corporations, with public corporations, WITH PUBLIC UTILITIES,
and with the state
government of this or other states, WITH GOVERNMENTS OF FOREIGN
COUNTRIES, with counties,
municipalities, townships, or other governmental agencies created
by or under the authority of the laws of this state, OTHER STATES, OR
GOVERNMENTS OF FOREIGN COUNTRIES, including sewerage, drainage,
conservation, conservancy, or other
improvement districts in this or other states as may be necessary
or convenient for the exercise of powers granted by sections
4582.01 to 4582.16 of the Revised Code, including the making of
surveys, investigations, or reports thereon; provided that such
THE contracts or arrangements shall not be in violation of Article
VIII of the Ohio Constitution. The port authority may purchase,
lease, or acquire land or other property in any county of this
state and in adjoining states for the accomplishment of an authorized
purpose PURPOSES of the port authority, or for the improvement
of the harbor and port facilities over which the port authority
may have jurisdiction, and may let contracts or spend money for
making such improvements or THOSE PURPOSES, INCLUDING THE
development of port facilities in
adjoining states. The authority granted in this section to enter
into contracts or other arrangements with the United States
government or any department thereof, includes the power to enter
into any contracts, arrangements, or agreements as may be
necessary to hold and save harmless the United States from
damages due to the construction and maintenance by the United
States of such works as the United States undertakes.
Any political subdivision which THAT has participated in the
creation of a port authority pursuant to section 4582.02 of the
Revised Code, or is within OR ADJACENT TO, the
jurisdiction of
the port authority, may enter into an agreement, which may be amended
or supplemented, with the port authority to accomplish any of the
authorized purposes of the port authority. Such THE agreement
may provide for industrial, commercial, distribution, educational,
cultural, and research development within the political
subdivision and may set forth the extent to which the port
authority shall act as the agent of the political subdivision. A
port authority may mortgage its property, incur debt, and issue
its obligations as provided in division (E) of section 4582.06 of
the Revised Code for the purpose of acquiring, constructing,
improving, and equipping buildings, structures, and other
properties and acquiring sites therefor, for lease, sale, or
conveyance of other interests in such property by the port
authority.
(B) A PORT AUTHORITY MAY ENTER
INTO AN AGREEMENT WITH ONE OR MORE CONTRACTING SUBDIVISIONS,
WHEREBY THE PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION
UNDERTAKES, AND IS AUTHORIZED BY THE PORT AUTHORITY OR ANY
CONTRACTING SUBDIVISION, TO EXERCISE ANY POWER, PERFORM ANY
FUNCTION, OR RENDER ANY SERVICE, ON BEHALF OF THE PORT AUTHORITY
OR A CONTRACTING SUBDIVISION, WHICH THE PORT AUTHORITY OR THE
CONTRACTING SUBDIVISION IS AUTHORIZED TO EXERCISE, PERFORM, OR
RENDER.
UPON THE EXECUTION OF SUCH AN AGREEMENT, AND WITHIN THE
LIMITATIONS PRESCRIBED BY THE AGREEMENT, THE PORT AUTHORITY AND
ANY CONTRACTING SUBDIVISION SHALL POSSESS AND MAY EXERCISE THE
SAME POWERS AND MAY PERFORM THE SAME FUNCTIONS AND RENDER THE
SAME SERVICES, AS ARE POSSESSED AND ARE AUTHORIZED TO BE
EXERCISED, OR TO BE PERFORMED OR RENDERED BY THE PORT AUTHORITY
OR ANY CONTRACTING SUBDIVISION THAT IS A PARTY TO THE AGREEMENT,
WHICH, BY SUCH AGREEMENT, THE PORT AUTHORITY OR A CONTRACTING
SUBDIVISION UNDERTAKES TO EXERCISE, PERFORM, OR RENDER, AND ALL
POWERS NECESSARY OR INCIDENTAL THERETO, AS AMPLY AS SUCH POWERS
MAY BE POSSESSED AND ARE AUTHORIZED TO BE EXERCISED, OR THOSE
FUNCTIONS ARE AUTHORIZED TO BE PERFORMED OR THOSE SERVICES ARE
AUTHORIZED TO BE RENDERED, BY THE PORT AUTHORITY OR ANY
CONTRACTING SUBDIVISION DIRECTLY. THE EXERCISE OF THOSE POWERS,
PERFORMANCE OF THOSE FUNCTIONS, AND RENDERING OF THOSE SERVICES
BY THE PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION SHALL BE
GOVERNED BY ANY PROCEDURES APPLICABLE TO THE PORT AUTHORITY OR
CONTRACTING SUBDIVISION ON BEHALF OF WHICH THE POWERS ARE BEING
EXERCISED, THE FUNCTIONS ARE BEING PERFORMED, OR THE SERVICES
ARE BEING RENDERED. ANY SUCH AGREEMENT SHALL NOT SUSPEND THE
POSSESSION BY THE PORT AUTHORITY OR A CONTRACTING SUBDIVISION
OF, OR ITS AUTHORITY TO EXERCISE, ANY POWERS, OR ITS AUTHORITY
TO PERFORM ANY FUNCTION OR RENDER ANY SERVICE. A PORT AUTHORITY
OR ANY CONTRACTING SUBDIVISION SHALL NOT ACQUIRE BY VIRTUE OF
ANY AGREEMENT ENTERED INTO UNDER THIS SECTION ANY POWER TO LEVY OR
EXEMPT TAXES OR ANY POWER TO EXERCISE EMINENT DOMAIN WITHIN, AND ON BEHALF OF,
ANY
OTHER SUBDIVISION
UNLESS APPROVED BY A MAJORITY OF THE ELECTORS OF THAT
CONTRACTING SUBDIVISION.
Sec. 4582.20. A port authority created under sections 4582.01 to 4582.20,
inclusive, of the Revised Code, shall be exempt from and shall not be
required
to pay any taxes on property, both real and personal, OR ANY COMBINATION
THEREOF, belonging to any such port authority, which
THAT is used exclusively for any public AUTHORIZED
purpose; provided, such THIS exemption shall not apply to any
property belonging to any port authority
while OCCUPIED AND USED DURING A TAX YEAR BY a private
enterprise PERSON WHO is a lessee of such THE
property AS OF THE TAX LIEN DATE FOR THAT TAX YEAR under A
written lease providing for a tenancy WITH A REMAINING TERM
longer than one year.
Sec. 4582.201. (A) Sections 4582.01 to 4582.20 of the
Revised Code apply exclusively to a port authority in existence
on the effective date of this section JULY 9,
1982, unless the subdivision or
subdivisions which THAT created such THE port
authority act pursuant to
division (B) of this section.
(B) The subdivision or subdivisions which THAT created a port
authority in existence on the effective date of this section
JULY 9, 1982, may
adopt a resolution or ordinance to permit the port authority to
operate under sections 4582.21 to 4582.59 of the Revised Code.
Upon SUBJECT TO DIVISION (C) OF THIS SECTION, UPON
adoption of such a resolution or ordinance, sections 4582.01
to 4582.20 of the Revised Code no longer apply. At the time the
resolution or ordinance is adopted, the subdivision or
subdivisions which THAT created the port authority may
also MAY act pursuant to division (B) of section 4582.22 of the Revised
Code to restrict the powers of the port authority.
(C) THE SUBDIVISION OR SUBDIVISIONS THAT HAVE
ADOPTED A RESOLUTION OR ORDINANCE UNDER DIVISION
(B) OF THIS SECTION MAY ADOPT
A RESOLUTION OR ORDINANCE TO PERMIT THE PORT AUTHORITY TO RESUME
OPERATING UNDER SECTIONS 4582.01 TO 4582.20 OF THE
REVISED
CODE. UPON ADOPTION OF SUCH A
RESOLUTION OR ORDINANCE AND ADOPTION OF A SIMILAR RESOLUTION BY
THE BOARD OF DIRECTORS OF THE AFFECTED PORT AUTHORITY, SECTIONS
4582.21 TO 4582.59 OF THE
REVISED
CODE SHALL NOT APPLY AND
SECTIONS 4582.01 TO 4582.20 OF THE
REVISED
CODE SHALL APPLY FROM AND AFTER
THE TIME THE LAST SUCH RESOLUTION OR ORDINANCE IS ADOPTED. A
SUBDIVISION OR SUBDIVISIONS THAT ACT UNDER DIVISION
(C) OF THIS SECTION MAY NOT
THEREAFTER ADOPT A RESOLUTION OR ORDINANCE UNDER DIVISION
(B) OF THIS SECTION.
Sec. 4582.202. Sections 4582.21 to 4582.59 of the Revised Code apply
exclusively to a port authority created after the effective date of this
section JULY 9, 1982, and to a port authority in
existence on the effective date of this
section JULY 9, 1982, if the subdivision or
subdivisions which THAT created the port authority adopts
ADOPT a resolution or ordinance permitted under division (B) of section
4582.201 of the Revised Code BUT HAVE NOT ADOPTED A RESOLUTION OR ORDINANCE
UNDER DIVISION (C) OF THAT SECTION TO RESUME OPERATING UNDER SECTIONS
4582.01 TO 4582.20 of the Revised Code.
Sec. 4582.21. As used in sections 4582.22 to 4582.59 of
the Revised Code:
(A) "Port authority" means a body corporate and politic
created pursuant to THE authority of section 4582.22 of the Revised
Code. A port authority created pursuant to section 4582.22 of
the Revised Code need not be adjacent to, connected with, or have
located within its jurisdiction a body of water.
(B) "Submerged lands" means the lands presently underlying
the waters of Lake Erie or formerly underlying the waters of Lake
Erie and now artificially filled between the natural shoreline
and the harbor line or the line of commercial navigation where no
harbor line has been established.
(C) "Uplands" means lands contiguous to or fronting upon
any submerged lands in this state.
(D) Unless otherwise defined, "publication" means
publication once a week on the same day of the week for three
consecutive weeks in a newspaper of general circulation in the
county or counties wherein such publication is required to be
made. Publication shall be complete on the date of the last
publication.
(E) "Aviation facilities" means any facilities used,
available for use, or designed for use for the safe navigation,
landing or taking off of aircraft; for the safety, storage,
maintenance and repair of aircraft; for the comfort and
accommodations of the users of air transportation, including
persons, cargo, mail, and other property, and for the safe and
efficient operation and maintenance of airports and any care of
such facilities.
(F) AUTHORIZED PURPOSES" OR "PURPOSE" MEANS EITHER OF THE
FOLLOWING:
(1) ACTIVITIES THAT ENHANCE, FOSTER, AID, PROVIDE, OR
PROMOTE TRANSPORTATION, ECONOMIC DEVELOPMENT, HOUSING,
RECREATION, EDUCATION, GOVERNMENTAL OPERATIONS, CULTURE, OR
RESEARCH WITHIN THE JURISDICTION OF THE PORT AUTHORITY;
(2) ACTIVITIES AUTHORIZED BY
SECTIONS 13 AND 16 OF ARTICLE VIII, OHIO
CONSTITUTION.
(C) "Governmental agency" means a department, division, or
other unit of state government OF THIS STATE OR ANY OTHER STATE, a
municipal corporation, county,
township, or other political subdivision, or any other public
corporation or agency having the power to acquire, construct, or
operate port authority facilities CREATED UNDER THE LAWS OF THIS STATE,
ANY OTHER STATE, the United States, or any DEPARTMENT OR
agency thereof, and any agency, commission, or authority
established pursuant to an interstate compact or agreement.
(G)(D) "Person" means any individual, firm, partnership,
association, or corporation, or any combination thereof.
(H)(E) "Port authority facility" or "facility" means any
commercial, industrial, distribution, residential, recreational,
or research facility located within the jurisdiction of the port
authority, including, but not limited to, aviation facilities,
marinas, water ports, trucking terminals, railroad terminals,
warehouses, wharves, piers, docks, or transportation equipment,
together with all real and personal property, property rights,
easements, and interests that may be appropriate for the
operation of the facility. As used in division (H) of section
4582.33, and sections 4582.50 and 4582.52 of the Revised Code,
"port authority facility" or "facility" does not include
residential facilities REAL OR PERSONAL PROPERTY, OR ANY COMBINATION
THEREOF
OWNED, LEASED, OR OTHERWISE CONTROLLED OR FINANCED BY A PORT
AUTHORITY AND RELATED TO, USEFUL FOR, OR IN FURTHERANCE OF, ONE
OR MORE AUTHORIZED PURPOSES.
(I)(F) "Cost" as applied to a port authority facility means
the cost of acquisition and OR construction of such
THE facility, and
the cost of acquistion ACQUISITION of all land, rights-of-way,
property rights, easements, franchise rights, and interests
required for such THAT acquisition and OR
construction, the cost of
demolishing or removing any buildings or structures on land so
acquired, including the cost of acquiring any lands to which such
THOSE buildings or structures may be moved, the cost of acquiring or
constructing and equipping a principal office of the port
authority, the cost of diverting highways, interchange of
highways, AND access roads to private property, including the
cost of
land or easements for such THE access roads, the cost of public
utility and common carrier relocation or duplication, the cost of
all machinery, furnishings, and equipment, financing charges,
interest prior to and during construction and for no more than
eighteen months after completion of construction, engineering,
expenses of research and development with respect to port
authority facilities, legal expenses, plans, specifications,
surveys, studies, estimates of cost and revenues, working
capital, other expenses necessary or incident to determining the
feasibility or practicability of acquiring or construction such
CONSTRUCTING THE
facility, administrative expense, and such other expenses as may
be necessary or incident to the acquisition or construction of
the facility, the financing of such THE acquisition or
construction,
including the amount authorized in the resolution of the port
authority providing for the issuance of port authority revenue
bonds to be paid into any special funds from the proceeds of such
bonds and the financing of the placing of such THE facility in
operation. Any obligation, cost, or expense incurred by any
governmental agency or person for surveys, borings, preparation
of plans and specifications, and other engineering services, or
any other cost described above, in connection with the
acquisition or construction of a facility may be regarded as part
of the cost of such THE facility and may be reimbursed out of
the proceeds of port authority revenue bonds as authorized by this
chapter.
(J) "Owner" includes a person having any title or interest
in any property, rights, easements, or interests authorized to be
acquired by sections 4582.21 to 4582.59 of the Revised Code.
(K)(G) "Revenues" means all rentals and other charges
received by the port authority for the use or services of any
port authority facility, any gift or grant received with respect
to any port authority facility, any moneys received with respect
to the lease, sublease, sale, including installment sale or
conditional sale, or other disposition of a port authority
facility, moneys received in repayment of and for interest on any
loans made by the port authority to a person or governmental
agency, whether from the United States or any department,
administration, or agency thereof, or otherwise, proceeds of such port
authority revenue bonds to the extent the use thereof for
payment of principal or of premium, if any, or interest on the
bonds is authorized by the port authority, proceeds from any
insurance, condemnation, or guaranty pertaining to a facility or
property mortgaged to secure bonds or pertaining to the financing
of the facility, and income and profit from the investment of the
proceeds of port authority revenue bonds or of any revenues.
(L)(H) "Public roads" includes all public highways, roads,
and streets in the state, whether maintained by the state, OR BY
A county, city, township, MUNICIPAL CORPORATION, or
other political subdivision.
(M)(I) "Construction," unless the context indicates a
different meaning or intent, includes reconstruction ALTERATION,
CONSTRUCTION, CREATION,
DEVELOPMENT, enlargement,
improvement, or providing furnishings or equipment INSTALLATION,
RECONSTRUCTION, REMODELING, AND
RENOVATION.
(N)(J) "Port authority revenue bonds," unless the context
indicates a different meaning or intent, includes port authority
revenue notes, port authority revenue renewal notes, and port
authority revenue refunding bonds, except that notes issued in
anticipation of the issuance of bonds shall have a maximum
maturity of five years as provided in section 4582.48 of the
Revised Code and notes or renewal notes issued as the definitive
obligation may be issued maturing at such time or times with a
maximum maturity of forty years from the date of issuance of the
original note.
(K) "CONTRACTING SUBDIVISION" MEANS ANY
GOVERNMENTAL SUBDIVISION OR TAXING DISTRICT OF THE STATE THAT,
BY ACTION OF ITS LEGISLATIVE AUTHORITY, ENTERS INTO AN AGREEMENT
WITH A PORT AUTHORITY OR A PORT AUTHORITY AND ONE OR MORE OTHER
GOVERNMENTAL SUBDIVISIONS OR TAXING DISTRICTS OF THE
STATE. "CONTRACTING SUBDIVISION" DOES NOT MEAN A TRANSPORTATION IMPROVEMENT
DISTRICT.
(L) "GOVERNMENTAL SUBDIVISION" INCLUDES, BUT IS
NOT LIMITED TO, ANY COUNTY, MUNICIPAL CORPORATION, TOWNSHIP,
PORT AUTHORITY, WATER OR SEWER DISTRICT, SOLID WASTE MANAGEMENT
DISTRICT, SCHOOL DISTRICT, HEALTH DISTRICT, PARK DISTRICT, SOIL
AND WATER CONSERVATION DISTRICT, WATER CONSERVANCY DISTRICT,
REGIONAL TRANSIT AUTHORITY, AIRPORT AUTHORITY,
OR OTHER DISTRICT, AUTHORITY, OR
COMMISSION CREATED PURSUANT TO THE LAWS OF THIS STATE. "GOVERNMENTAL
SUBDIVISION" DOES NOT INCLUDE A TRANSPORTATION IMPROVEMENT DISTRICT.
Sec. 4582.22. (A) Any municipal corporation, township, OR
county NOT INCLUDED IN A PORT AUTHORITY IN EXISTENCE ON DECEMBER
16, 1964, MAY CREATE, or any combination of a municipal corporation,
municipal
corporations, township, townships, county, or counties, no one of
which has been included in a port authority in existence on
December 16, 1964, may create, AND ANY OF THE FOREGOING TOGETHER
WITH ANY OTHER POLITICAL SUBDIVISION OR SUBDIVISIONS MAY CREATE a port
authority. A municipal
corporation shall act by ordinance, a township shall act by
resolution of the township trustees, and a county shall act by
resolution of the county commissioners, AND ANY OTHER POLITICAL SUBDIVISION
SHALL ACT BY RESOLUTION OF ITS LEGISLATIVE AUTHORITY, in
authorizing the
creation of a port authority. A port authority created pursuant
to this section is a body corporate and politic which may sue and
be sued, plead and be impleaded, and has the powers and
jurisdiction enumerated in sections 4582.21 to 4582.59 of the
Revised Code. The exercise by such port authority of the powers
conferred upon it shall be deemed to be essential governmental
functions of this state, but no port authority is immune from
liability by reason thereof.
(B) At the time a port authority is created pursuant to
division (A) of section 4582.22 of the Revised Code or, in the
case of a port authority in existence on the effective date of
this section JULY 9, 1982, at the time the
subdivision or subdivisions which
created such authority act pursuant to division (B) of section
4582.201 of the Revised Code, the subdivision or subdivisions
which create the port authority may restrict the powers granted
the port authority pursuant to this chapter by specifically
setting forth such restrictions in the resolution or ordinance
creating the port authority or in the resolution or ordinance
adopted pursuant to division (B) of section 4582.201 of the
Revised Code.
(C) The subdivision or subdivisions which created a port
authority whose powers have been restricted pursuant to division
(B) of this section may, at any time, adopt a resolution or
ordinance to grant additional powers, so long as the powers so
granted do not exceed the powers permitted pursuant to this
chapter.
Sec. 4582.25. (A) Any municipal corporation, township, or
county, OR OTHER POLITICAL SUBDIVISION creating or
participating in the creation of a port authority in accordance with section
4582.22 of the Revised Code may appropriate and expend public funds to finance
or subsidize the operation AND AUTHORIZED PURPOSES of the port
authority.
(B) Subject to making due provisions for payment and performance of its
obligations, a port authority may be dissolved by the subdivision or
subdivisions creating it, and in such event the properties of the port
authority shall be transferred to the subdivision creating it,
or, if created by
more than one subdivision, to the subdivisions creating it in such
A manner as may be agreed upon between such THE
subdivisions PRIOR TO THE DISSOLUTION OF THE PORT AUTHORITY.
Sec. 4582.26. After a port authority has been created, any
municipal corporation, township, or county, OR OTHER POLITICAL
SUBDIVISION, acting by ordinance
or resolution, which is contiguous to any municipal corporation,
township, or county, OR OTHER POLITICAL SUBDIVISION which
participated in the creation of such
port authority or to any municipal corporation, township, or
county, OR OTHER POLITICAL SUBDIVISION which proposes to join
the port authority at the same time
and is contiguous to any municipal corporation, township, or
county, OR OTHER POLITICAL SUBDIVISION which participated in the
creation of such port authority,
may join such port authority, and thereupon the jurisdiction and
territory of the port authority includes the municipal
corporation, county, or township, OR OTHER POLITICAL
SUBDIVISION so joining. If more than one
such political subdivision is to be joined to the port authority
at the same time, then each such ordinance or resolution shall
designate the political subdivisions which are to be so joined.
Any territory or municipal corporation not included in a port
authority and which is annexed to a municipal corporation
included within the jurisdiction and territory of a port
authority shall, on such annexation and without further
proceedings, be annexed to and be included in the jurisdiction
and territory of the port authority. Before such political
subdivision or subdivisions are joined to a port authority, other
than by annexation to a municipal corporation, the political
subdivision or subdivisions theretofore comprising such port
authority shall agree upon the terms and conditions pursuant to
which such political subdivision or subdivisions are to be
joined. For all purposes of sections 4582.21 to 4582.59 of the
Revised Code, such political subdivision or subdivisions shall be
considered to have participated in the creation of such port
authority, except that the initial term of any director of the
port authority appointed by such a political subdivision shall be
four years. After each ordinance or resolution proposing joinder
to the port authority has become effective and the terms and
conditions of joinder have been agreed to, the board of directors
of the port authority shall by resolution either accept or reject
such joinder. Such joinder shall be effective upon adoption of
the resolution accepting such joinder, unless the port authority
to which a political subdivision or subdivisions, including a
county within which such port authority is located, are to be
joined, has authority under section 4582.40 of the Revised Code
to levy a tax on property within its jurisdiction, then such
joinder shall not be effective until approved by the affirmative
vote of a majority of the electors voting on the question of the
joinder. If more than one political subdivision is to be joined
to the port authority, then the electors of such subdivisions
shall vote as a district and the majority affirmative vote shall
be determined by the vote case CAST in such district as a whole.
The election shall be called by the board of directors of the
port authority and shall be held, canvassed, and certified in the
manner provided for the submission of tax levies under section
5705.191 of the Revised Code except that the question appearing
on the ballot shall read:
"Shall .................................................
(Name or names of political subdivisions to
................................................................
be joined)
be joined to ............................. port authority
(Name)
and the existing tax levy (levies) of such port authority
(aggregating) ............... mill per dollar of valuation
be authorized to be levied against properties within
............................................................?"
(Name or names of political subdivisions to be joined)
(Name or names of political subdivisions to be joined)
If the question is approved the joinder becomes immediately
effective and the port authority is authorized to extend the levy
of such tax against all the taxable property within the political
subdivision or political subdivisions which have been joined. If
such question is approved at a general election, then the port
authority may amend its budget and resolution adopted pursuant to
section 5705.34 of the Revised Code and such levy shall be placed
on the current tax list and duplicate and collected as other
taxes are collected from all taxable property within the port
authority including the political subdivision or political
subdivisions joined as a result of the election.
Sec. 4582.27. A port authority created in accordance
with section 4582.22 of the Revised Code shall be governed by a
board of directors. Members of a board of directors of a port
authority created by the exclusive action of a municipal
corporation shall consist of the number of members it deems
CONSIDERS necessary and SHALL be appointed by the mayor with the
advice and
consent of the council. Members of a board of directors of a
port authority created by the exclusive action of a township
shall consist of such members as it deems CONSIDERS necessary
and shall be
appointed by the township trustees of the township. Members of a
board of directors of a port authority created by the exclusive
action of a county shall consist of such members as it deems
CONSIDERS necessary and SHALL be appointed by the board of
county commissioners of such THE county. Members of a board of
directors of a port
authority created by a combination of political subdivisions
shall be divided among the political subdivisions in such
proportions as the political subdivisions may agree and SHALL BE
appointed BY THE PARTICIPATING POLITICAL SUBDIVISIONS in the same
manner as this section provides for their THE appointment
when OF MEMBERS BY a political subdivision creates
CREATING its own port authority.
IF A PARTICIPATING POLITICAL
SUBDIVISION IS NOT AUTHORIZED BY SECTION
4582.22 of the Revised Code TO CREATE ITS OWN PORT AUTHORITY, THE POLITICAL SUBDIVISION'S
ELECTED LEGISLATIVE BODY, IF THE POLITICAL SUBDIVISION HAS AN ELECTED
LEGISLATIVE BODY, OR THE POLITICAL SUBDIVISION'S ELECTED OFFICIAL OR OFFICIALS
WHO APPOINT THE LEGISLATIVE BODY OF THE POLITICAL SUBDIVISION SHALL APPOINT
THE
MEMBERS OF A BOARD OF DIRECTORS OF A PORT AUTHORITY THAT ARE TO BE APPOINTED
BY
THAT POLITICAL SUBDIVISION. IF THE ELECTORS OF A PARTICIPATING POLITICAL
SUBDIVISION DO NOT ELECT EITHER THE LEGISLATIVE BODY OF THE POLITICAL
SUBDIVISION OR THE OFFICIAL OR OFFICIALS WHO APPOINT THE LEGISLATIVE BODY OF
THE POLITICAL SUBDIVISION, THE PARTICIPATING POLITICAL SUBDIVISION MAY NOT
APPOINT ANY MEMBER OF A BOARD OF DIRECTORS OF A PORT AUTHORITY.
When a port
authority is created by a combination of political
subdivisions, the number of directors composing COMPRISING the
board shall
be determined by agreement between such THE political
subdivisions, WHICH NUMBER MAY BE CHANGED FROM TIME TO TIME BY
AMENDMENT OF THE AGREEMENT. The appointing body may at any time remove a
director appointed
by it for misfeasance, nonfeasance, or malfeasance in office.
Each director A MAJORITY OF THE DIRECTORS shall have been
a qualified elector ELECTORS of, or
shall have had his business THEIR BUSINESSES or place
PLACES of employment in, one or
more political subdivisions within the area of the jurisdiction
of the port authority, for a period of at least three years next
preceding his THEIR appointment.
If a port authority owns, operates, or manages one or more
aviation facilities regularly used for the landing and taking off
of aircraft, and there are persons who are willing and able to
serve on the board of directors of the port authority and have
their principal place of residence within three miles of any such
aviation facility, then at least one member of the board of
directors shall be appointed from among such persons.
The directors of any port authority first appointed shall
serve staggered terms. Thereafter each successor shall serve for
a term of four years, except that any person appointed to fill a
vacancy shall be appointed to only the unexpired term and any
director is eligible for reappointment.
THE BOARD OF DIRECTORS BY RULE MAY PROVIDE FOR THE REMOVAL
OF A DIRECTOR WHO FAILS TO ATTEND THREE CONSECUTIVE REGULAR
MEETINGS OF THE BOARD. IF A DIRECTOR IS SO REMOVED, A SUCCESSOR
SHALL BE APPOINTED FOR THE REMAINING TERM OF THE REMOVED
DIRECTOR IN THE SAME MANNER PROVIDED FOR THE ORIGINAL
APPOINTMENT.
The directors shall elect one of their membership as
chairman, CHAIRPERSON and another as vice-chairman
VICE-CHAIRPERSON, and shall designate their
terms of office, and shall appoint a secretary who need not be a
director. A majority of the board of directors shall constitute
a quorum, the affirmative vote of which shall be necessary for
any action taken by the port authority. No vacancy in the
membership of the board shall impair the rights of a quorum to
exercise all the rights and perform all the duties of the port
authority.
Each member of the board of directors of a port authority
shall be entitled to receive from the port authority such sum of
money as the board of directors may determine as compensation for
his services as director and reimbursement for his reasonable
expenses in the performance of his OFFICIAL duties.
Sec. 4582.28. (A) A port authority created in accordance
with section 4582.22 of the Revised Code shall employ and fix the
qualifications, duties, and compensation of such ANY employees
and
enter into contracts for such ANY professional services
as it may
require to conduct the business of the port authority and may
appoint an advisory board, which shall serve without compensation.
Any employee may be suspended or dismissed, and any contract for
professional services may be terminated at any time by the port
authority.
(B) A port authority may provide for the administration
and enforcement of the laws of the state by employing special
policemen POLICE OFFICERS, and may seek the assistance of other
appropriate law enforcement officers to enforce its rules and maintain order.
(C) Special policemen POLICE OFFICERS employed by a port
authority shall
serve as a security POLICE force with respect to the property,
grounds,
buildings, equipment, and facilities under the control of the
port authority, to prevent hijacking of aircraft or watercraft,
protect the property of the authority AND THE PROPERTY OF OTHERS LOCATED
THEREON, suppress nuisances and
disturbances and breaches of the peace, and enforce laws AND THE RULES OF
THE PORT AUTHORITY for the preservation of good order. In performing
their duties, special policemen POLICE OFFICERS are vested with
the same powers of arrest as police officers under section 2935.03 of the
Revised Code.
ANY PERSON EMPLOYED AS A SPECIAL POLICE OFFICER BY A PORT
AUTHORITY IS A "PUBLIC EMPLOYEE" AS DEFINED IN SECTION 145.01 OF
THE REVISED
CODE AND IS NOT A "MEMBER OF A
POLICE DEPARTMENT" AS DEFINED IN SECTION 742.01 OF THE
REVISED
CODE.
Sec. 4582.29. (A) Any A port authority created under
section 4582.22 of the Revised Code may procure and pay all or
any part of the cost of group hospitalization, surgical, major
medical, sickness and accident insurance, or group life
insurance, or a combination of any of the foregoing types of
insurance or coverage for full-time employees and their immediate
dependents FAMILIES, issued by an insurance company duly authorized
to do business in
this state.
(B) Any A port authority also may procure and pay all or any
part of the cost of a plan of group hospitalization, surgical, or
major medical, OR SICKNESS AND ACCIDENT insurance with a health
insuring corporation
holding a certificate of authority
under Chapter 1751. of the Revised Code, provided that
each
full-time employee shall be permitted to:
(1) Exercise an option between a plan offered by an
insurance company as provided in division (A) of this section and a
plan offered by a health insuring corporation under this
division, on
the condition that the full-time employee shall pay any amount by
which the cost of the plan offered in this division exceeds the
cost of the plan offered under division (A) of this section; and
(2) Change from one of the two plans to the other at a
time each year as determined by the port authority.
(C) A PORT AUTHORITY MAY PROCURE OR
CONTRACT FOR ANY TYPE OF INSURANCE AUTHORIZED BY DIVISION
(A) OR
(B) OF THIS SECTION ON ITS OWN
OR JOINTLY AS PART OF A GROUP WITH ONE OR MORE OTHER GOVERNMENTAL
UNITS OR AGENCIES TO PROVIDE THAT INSURANCE FOR THE EMPLOYEES OF THE MEMBERS
OF THE GROUP AND THEIR FAMILIES. A PORT
AUTHORITY ALSO MAY ESTABLISH AND MAINTAIN AN INDIVIDUAL OR JOINT
SELF-INSURANCE PROGRAM FOR HOSPITALIZATION, SURGICAL, MAJOR
MEDICAL, OR SICKNESS AND ACCIDENT INSURANCE.
Sec. 4582.30. (A)(1) Except as otherwise provided in
division (B)(A)(2) OR (3) of this section,
the area of jurisdiction of a port
authority created in accordance with section 4582.22 of the
Revised Code shall include all of the territory of the political
subdivision or subdivisions creating it and, if the port
authority owns or leases a railroad line, the territory on which
the railroad's line, terminals, and related facilities are
located, regardless of whether the territory is located in the
political subdivision or subdivisions creating the port
authority, provided that in no case shall the same political
subdivision that created or joined an existing port authority be
included in more than one port authority.
(B)(1)(2) A municipal corporation with a population of at
least one hundred thousand according to the most recent federal
decennial census may create a port authority within a county that
previously created an existing port authority, if the municipal
corporation did not join with the county in creating the port
authority or thereafter join that port authority. THE NEWLY CREATED PORT
AUTHORITY AND THE PREVIOUSLY CREATED AND EXISTING PORT AUTHORITY SHALL POSSESS
CONCURRENT JURISDICTION OVER ANY TERRITORY WITHIN THE JURISDICTION OF BOTH.
(2)(3) A county may create a port authority the area of
jurisdiction of which excludes any territory that is located in
that county and is in the area of jurisdiction of any port
authority created in accordance with section 4582.02 or 4582.22
of the Revised Code that is then existing in the county.
(B)(1) EXCEPT AS PROVIDED IN
DIVISION (B)(2) OF THIS
SECTION, A POLITICAL SUBDIVISION THAT HAS CREATED A PORT
AUTHORITY OR JOINED AN EXISTING PORT AUTHORITY SHALL NOT BE
INCLUDED IN ANY OTHER PORT AUTHORITY.
(2) A MUNICIPAL CORPORATION WITH A POPULATION OF LESS
THAN ONE HUNDRED THOUSAND ACCORDING TO THE MOST RECENT FEDERAL
DECENNIAL CENSUS THAT HAS JOINED AN EXISTING PORT AUTHORITY IN A
COUNTY WITH A POPULATION OF FIVE HUNDRED THOUSAND OR LESS MAY
CREATE A PORT AUTHORITY WITHIN THE
TERRITORIAL JURISDICTION OF THE MUNICIPAL
CORPORATION.
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
OR LEASE WITH AN OPTION TO PURCHASE, CONVEY OTHER
INTERESTS IN REAL OR PERSONAL PROPERTY, OR ANY COMBINATION
THEREOF, RELATED TO, USEFUL FOR, OR IN FURTHERANCE OF ANY
AUTHORIZED PURPOSE AND OPERATE ANY PROPERTY IN CONNECTION WITH
TRANSPORTATION, RECREATIONAL, GOVERNMENTAL OPERATIONS, OR
CULTURAL ACTIVITIES;
(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
AUTHORITY;
(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, FURNISHING, OR EQUIPPING of any port authority
facility or other permanent
improvement which THAT a port authority is authorized to acquire
or,
construct, FURNISH, OR EQUIP, 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 THE 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
AND TO ACQUIRE, EXCHANGE, SELL, LEASE TO OR
FROM, LEASE WITH AN OPTION TO PURCHASE, OR OPERATE FACILITIES, LAND, OR
PROPERTY THEREFOR
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 IT FINDS
NECESSARY OR INCIDENTAL TO THE PERFORMANCE OF ITS DUTIES AND THE EXECUTION OF
ITS POWERS UNDER SECTIONS 4582.21 TO 4582.54 of the Revised Code.
Any such rule shall be posted at a prominent place in each of the
facilities to which it applies
NO LESS THAN FIVE PUBLIC PLACES IN THE
PORT AUTHORITY, AS DETERMINED BY THE BOARD OF DIRECTORS, FOR A PERIOD OF NOT
FEWER THAN FIFTEEN DAYS, AND SHALL BE AVAILABLE FOR PUBLIC INSPECTION AT THE
PRINCIPAL OFFICE OF THE PORT AUTHORITY DURING REGULAR BUSINESS HOURS.
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) DO ANY OF THE FOLLOWING, IN REGARD TO ANY INTERESTS IN ANY
REAL OR PERSONAL PROPERTY, OR ANY COMBINATION THEREOF, INCLUDING,
WITHOUT LIMITATION, MACHINERY, EQUIPMENT, PLANTS, FACTORIES,
OFFICES, AND OTHER STRUCTURES AND FACILITIES RELATED TO, USEFUL
FOR, OR IN FURTHERANCE OF ANY AUTHORIZED PURPOSE, FOR SUCH
CONSIDERATION AND IN SUCH MANNER, CONSISTENT WITH
ARTICLE
VIII OF THE OHIO CONSTITUTION, AS THE BOARD IN
ITS SOLE DISCRETION MAY DETERMINE:
(1) LOAN MONEYS TO ANY PERSON OR GOVERNMENTAL ENTITY FOR
THE ACQUISITION, CONSTRUCTION, FURNISHING, AND EQUIPPING OF THE
PROPERTY;
(2) ACQUIRE, CONSTRUCT, MAINTAIN, REPAIR, FURNISH, AND
EQUIP THE PROPERTY;
(3) SELL TO, EXCHANGE WITH, LEASE, CONVEY OTHER INTERESTS
IN, OR LEASE WITH AN OPTION TO PURCHASE THE SAME OR ANY LESSER INTEREST IN THE
PROPERTY TO THE SAME
OR ANY OTHER PERSON OR GOVERNMENTAL ENTITY;
(4) GUARANTEE THE OBLIGATIONS OF ANY PERSON OR GOVERNMENTAL ENTITY.
A PORT AUTHORITY MAY ACCEPT AND HOLD AS CONSIDERATION FOR
THE CONVEYANCE OF PROPERTY OR ANY INTEREST THEREIN SUCH PROPERTY
OR INTERESTS THEREIN AS THE BOARD IN ITS DISCRETION MAY
DETERMINE, NOTWITHSTANDING ANY RESTRICTIONS THAT APPLY TO THE
INVESTMENT OF FUNDS BY A PORT AUTHORITY.
(P) 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 SHALL SPECIFY THE
CONSIDERATION AND ANY TERMS FOR THE SALE, LEASE, OR CONVEYANCE
OF OTHER INTERESTS IN REAL AND PERSONAL PROPERTY. ANY
DETERMINATION MADE BY THE BOARD UNDER THIS DIVISION SHALL BE
CONCLUSIVE. THE SALE, LEASE, OR CONVEYANCE MAY BE MADE WITHOUT
ADVERTISING AND THE RECEIPT OF BIDS.
(Q) EXERCISE THE RIGHT
OF EMINENT DOMAIN TO APPROPRIATE ANY LAND, RIGHTS,
RIGHTS-OF-WAY, FRANCHISES, EASEMENTS, OR OTHER PROPERTY,
NECESSARY OR PROPER FOR ANY AUTHORIZED PURPOSE, 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 A RESULT OF
SUCH PROCEEDINGS ARE AVAILABLE FOR THAT PURPOSE. HOWEVER,
NOTHING CONTAINED IN SECTIONS 4582.201 TO 4582.59 OF THE
REVISED
CODE SHALL AUTHORIZE A PORT
AUTHORITY TO TAKE OR DISTURB PROPERTY OR FACILITIES BELONGING TO
ANY AGENCY OR POLITICAL SUBDIVISION OF THIS STATE, PUBLIC
UTILITY, OR COMMON CARRIER, WHICH PROPERTY OR FACILITIES ARE
NECESSARY AND CONVENIENT IN THE OPERATION OF THE AGENCY OR
POLITICAL SUBDIVISION, PUBLIC UTILITY, OR COMMON CARRIER, UNLESS
PROVISION IS MADE FOR THE RESTORATION, RELOCATION, OR
DUPLICATION OF SUCH PROPERTY OR FACILITIES, OR UPON THE ELECTION
OF THE AGENCY OR POLITICAL SUBDIVISION, PUBLIC UTILITY, OR
COMMON CARRIER, FOR THE PAYMENT OF COMPENSATION, IF ANY, AT THE
SOLE COST OF THE PORT AUTHORITY, PROVIDED THAT:
(1) IF ANY RESTORATION OR DUPLICATION PROPOSED TO BE MADE
UNDER THIS SECTION INVOLVES A RELOCATION OF THE PROPERTY OR
FACILITIES, THE NEW FACILITIES AND LOCATION SHALL BE OF AT LEAST
COMPARABLE UTILITARIAN VALUE AND EFFECTIVENESS AND SHALL NOT
IMPAIR THE ABILITY OF THE PUBLIC UTILITY OR COMMON CARRIER TO
COMPETE IN ITS ORIGINAL AREA OF OPERATION;
(2) IF ANY RESTORATION OR DUPLICATION MADE UNDER THIS
SECTION INVOLVES A RELOCATION OF THE 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 (O) 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.
(R)(1) 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)(2) EXCEPT AS PROVIDED IN DIVISION
(R)(3) OF THIS SECTION, WHEN
THE COST OF A CONTRACT FOR THE CONSTRUCTION OF ANY BUILDING,
STRUCTURE, OR OTHER IMPROVEMENT UNDERTAKEN BY A PORT AUTHORITY
INVOLVES AN EXPENDITURE EXCEEDING TWENTY-FIVE THOUSAND DOLLARS,
AND THE PORT AUTHORITY IS THE CONTRACTING ENTITY, THE PORT
AUTHORITY SHALL MAKE A WRITTEN CONTRACT AFTER NOTICE CALLING FOR
BIDS FOR THE AWARD OF THE CONTRACT HAS BEEN GIVEN BY PUBLICATION
TWICE, WITH AT LEAST SEVEN DAYS BETWEEN PUBLICATIONS, IN A
NEWSPAPER OF GENERAL CIRCULATION IN THE AREA OF THE PORT AUTHORITY. EACH
SUCH CONTRACT SHALL BE LET TO THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER IN ACCORDANCE WITH SECTION 9.312 OF THE
REVISED
CODE. EVERY CONTRACT SHALL BE
ACCOMPANIED BY OR SHALL REFER TO PLANS AND SPECIFICATIONS FOR
THE WORK TO BE DONE, PREPARED FOR AND APPROVED BY THE PORT
AUTHORITY, SIGNED BY AN AUTHORIZED OFFICER OF THE PORT AUTHORITY
AND BY THE CONTRACTOR, AND SHALL BE EXECUTED IN
TRIPLICATE.
EACH BID SHALL BE AWARDED IN ACCORDANCE WITH SECTIONS
153.54, 153.57, AND 153.571 OF THE
REVISED
CODE.
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)(3) THE BOARD OF DIRECTORS BY RULE MAY PROVIDE CRITERIA
FOR THE NEGOTIATION AND
AWARD WITHOUT COMPETITIVE BIDDING OF ANY CONTRACT AS TO WHICH
THE PORT AUTHORITY IS THE CONTRACTING ENTITY FOR THE
CONSTRUCTION OF ANY BUILDING OR STRUCTURE OR OTHER IMPROVEMENT
UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:
(a) THERE EXISTS A REAL AND PRESENT
EMERGENCY THAT THREATENS DAMAGE OR INJURY TO PERSONS OR PROPERTY
OF THE PORT AUTHORITY OR OTHER PERSONS,
PROVIDED THAT A STATEMENT SPECIFYING THE NATURE OF THE EMERGENCY
THAT IS THE BASIS FOR THE NEGOTIATION AND AWARD OF A CONTRACT
WITHOUT COMPETITIVE BIDDING SHALL BE SIGNED BY THE OFFICER OF
THE PORT AUTHORITY THAT EXECUTES THAT CONTRACT AT THE TIME OF
THE CONTRACT'S EXECUTION AND SHALL BE ATTACHED TO THE
CONTRACT.
(b) A COMMONLY RECOGNIZED INDUSTRY OR
OTHER STANDARD OR SPECIFICATION DOES NOT EXIST AND CANNOT
OBJECTIVELY BE ARTICULATED FOR THE IMPROVEMENT.
(c) THE CONTRACT IS FOR ANY ENERGY CONSERVATION MEASURE AS
DEFINED IN SECTION 307.041 OF THE REVISED CODE.
(d) WITH RESPECT TO MATERIAL TO BE INCORPORATED INTO THE
IMPROVEMENT, ONLY A SINGLE SOURCE OR SUPPLIER
EXISTS FOR THE MATERIAL.
(e) A SINGLE BID IS RECEIVED BY THE
PORT AUTHORITY AFTER COMPLYING WITH THE PROVISIONS OF DIVISION
(R)(2) OF THIS SECTION.
(4)(a) IF A CONTRACT IS TO BE NEGOTIATED AND
AWARDED WITHOUT COMPETITIVE BIDDING FOR THE REASON SET FORTH IN
DIVISION
(R)(3)(b)
OF THIS SECTION, THE PORT AUTHORITY SHALL PUBLISH A NOTICE
CALLING FOR TECHNICAL PROPOSALS AT LEAST TWICE, WITH AT LEAST
SEVEN DAYS BETWEEN PUBLICATIONS, IN A NEWSPAPER OF GENERAL
CIRCULATION IN THE AREA OF THE PORT AUTHORITY. AFTER RECEIPT OF
THE TECHNICAL PROPOSALS, THE PORT AUTHORITY MAY NEGOTIATE WITH
AND AWARD A CONTRACT FOR THE IMPROVEMENT TO THE PROPOSER MAKING
THE PROPOSAL CONSIDERED TO BE THE MOST ADVANTAGEOUS TO THE PORT
AUTHORITY.
(b) IF A CONTRACT IS TO BE NEGOTIATED
AND AWARDED WITHOUT COMPETITIVE BIDDING FOR THE REASON SET FORTH
IN DIVISION
(R)(3)(d)
OF THIS SECTION, ANY CONSTRUCTION ACTIVITIES RELATED TO THE
INCORPORATION OF THE MATERIAL INTO THE IMPROVEMENT ALSO MAY BE
PROVIDED WITHOUT COMPETITIVE BIDDING BY THE SOURCE OR SUPPLIER
OF THAT MATERIAL.
(5)(a) ANY PURCHASE, EXCHANGE,
SALE, LEASE, LEASE WITH AN OPTION TO PURCHASE, CONVEYANCE OF
OTHER INTERESTS IN, OR OTHER CONTRACT WITH A PERSON OR
GOVERNMENTAL ENTITY THAT PERTAINS TO THE ACQUISITION,
CONSTRUCTION, MAINTENANCE, REPAIR, FURNISHING, EQUIPPING, OR
OPERATION OF ANY REAL OR PERSONAL PROPERTY, OR ANY COMBINATION
THEREOF, RELATED TO, USEFUL FOR, OR IN FURTHERANCE OF AN
ACTIVITY CONTEMPLATED BY SECTION 13 OR 16 OF
ARTICLE VIII, OHIO CONSTITUTION, SHALL BE
MADE IN
SUCH MANNER AND SUBJECT TO SUCH TERMS AND CONDITIONS AS MAY BE
DETERMINED BY THE BOARD OF DIRECTORS IN
ITS DISCRETION.
(b) DIVISION (R)(5)(a) OF THIS SECTION
APPLIES TO ALL CONTRACTS THAT ARE SUBJECT TO THE DIVISION,
NOTWITHSTANDING ANY OTHER PROVISION OF LAW THAT MIGHT OTHERWISE
APPLY, INCLUDING, WITHOUT LIMITATION, ANY REQUIREMENT OF NOTICE,
ANY REQUIREMENT OF COMPETITIVE BIDDING OR SELECTION, OR ANY
REQUIREMENT FOR THE PROVISION OF SECURITY.
(c) DIVISIONS (R)(5)(a) AND
(b)
OF THIS SECTION DO NOT APPLY TO EITHER OF THE FOLLOWING:
(i) ANY CONTRACT SECURED BY
OR TO BE PAID FROM MONEYS RAISED BY TAXATION OR THE PROCEEDS OF
OBLIGATIONS SECURED BY A PLEDGE OF MONEYS RAISED BY TAXATION.
(ii) ANY CONTRACT SECURED EXCLUSIVELY BY OR TO BE
PAID EXCLUSIVELY FROM THE GENERAL REVENUES OF THE PORT
AUTHORITY. FOR THE PURPOSES OF THIS SECTION, ANY REVENUES
DERIVED BY THE PORT AUTHORITY UNDER A LEASE OR OTHER AGREEMENT
THAT, BY ITS TERMS, CONTEMPLATES THE USE OF AMOUNTS PAYABLE
UNDER THE AGREEMENT EITHER TO PAY THE COSTS OF THE IMPROVEMENT
THAT IS THE SUBJECT OF THE CONTRACT OR TO SECURE OBLIGATIONS OF
THE PORT AUTHORITY ISSUED TO FINANCE COSTS OF SUCH IMPROVEMENT,
ARE EXCLUDED FROM GENERAL REVENUES.
(S) Employ managers, superintendents, and other employees
and retain or contract with consulting engineers, financial
consultants, accounting experts, architects, attorneys, and such
ANY 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 THAT purpose by a political subdivision creating or
participating in the creation of the port authority.
(S)(T) Receive and accept from any STATE OR federal
agency grants AND LOANS 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 THE
grants and contributions are made;
(T)(U) Engage in research and development with respect to
port authority facilities;
(U)(V) 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)(W) 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)(X) Provide coverage for its employees under Chapters
145., 4123., and 4141. of the Revised Code;
(X)(Y) Do all acts necessary or proper to carry out the
powers expressly granted in sections 4582.21 to 4582.59 of the
Revised Code.
Sec. 4582.35. The port authority shall foster and
encourage the participation of private enterprise in the
development of the port facilities to the fullest extent it deems
CONSIDERS practicable in the interest of limiting the necessity of
construction and operation of such THE facilities by the port
authority. For this purpose the port authority shall, upon a
written request by any person, partnership, or corporation, filed
with the secretary of the board of directors within thirty days
following the journalization of the order of the adoption of an
official plan as provided in sections 4582.32 and 4582.33 of the
Revised Code, submit a proposal to provide, operate, and maintain
any facility included in the plan, by publication of and
invitation for bids therefor based upon specifications prepared
by the board of directors.
The board of directors may accept the bid of the person,
partnership, or corporation it deems best qualified by financial
responsibility and business experience to construct and operate
the facility or facilities in accordance with its official plan.
Sec. 4582.36. Nothing contained in sections 4582.23 4582.25
to 4582.59 of the Revised Code shall:
(A) Impair the provisions of law or ordinance directing
the payment of revenues derived from public property into sinking
funds or dedicating such THOSE revenues to specific purposes;
(B) Impair the powers of any county, township, or
municipal corporation, OR OTHER POLITICAL SUBDIVISION to develop or
improve port and terminal
facilities except as restricted by section 4582.42 of the Revised
Code;
(C) Enlarge, alter, diminish, or affect in any way, any
lease or conveyance made, or action taken prior to the creation
of a port authority in accordance with section 4582.22 of the
Revised Code by any municipal corporation under the provisions of
sections 721.04 to 721.11 of the Revised Code, or by any county
under the provisions of section 307.65 of the Revised Code;
(D) Impair or interfere with the exercise of any permit
for the removal of sand or gravel, or other similar permits
issued by this state or the United States;
(E) IMPAIR OR CONTRAVENE APPLICABLE FEDERAL REGULATIONS.
Sec. 4582.37. No port authority shall enter into any
contract for the creation, construction, alteration, or repair
of
any port authority facility and no loan agreement for the
borrowing of funds for any such port authority facility
undertaken by a port authority shall be executed unless laborers
and mechanics employed on the facility are paid at the prevailing
rates of wages of laborers and mechanics for the class of work
called for by the facility, which wages shall be determined in
accordance with the requirements of Chapter 4115. of the Revised
Code for determination of prevailing wage rates, provided that
the requirements of this section do not apply where the federal
government or any of its agencies furnishes by loan or grant all
or any part of the funds used in connection with the facility and
prescribes predetermined minimum wages to be paid to such THE
laborers and mechanics; and provided further that
should a nonpublic user beneficiary of the facility undertake
construction to be performed by its regular bargaining unit
employees who are covered under a collective bargaining agreement
which THAT was in existence prior to the commitment instrument
undertaking a loan or grant of funds then, in that event, the
rate of pay provided under the collective bargaining agreement
may be paid to such employees.
Except as provided in this section, construction on any
port authority facility to which this section applies is hereby
deemed to be construction of a public improvement within section
4115.03 of the Revised Code. All contractors and subcontractors
working on such projects, facilities, or port authority
facilities shall be subject to and comply with sections 4115.03
to 4115.16 of the Revised Code, and the bureau of
employment services shall, and any
interested party may, bring proceedings under such THOSE
sections to enforce
compliance. The bureau shall
make the determination of wages as required under this section
and shall designate one of its employees to act as the prevailing
wage coordinator under section 4115.071 of the Revised Code for
any project, facility, or port authority facility for which a
coordinator has not been designated by any port authority.
Sec. 4582.38. The legislative authority of any municipal corporation, county,
township, school district, or other political subdivision or taxing district,
may convey or lease to OR FROM, LEASE WITH AN OPTION TO PURCHASE, or
exchange with, any port authority or any port
authority may convey or lease to OR FROM, LEASE WITH AN OPTION TO
PURCHASE, or exchange with, a municipal corporation,
county, township, school district, or other political subdivision or taxing
district, without competitive bidding and on mutually agreeable terms, any
personal property or real property, or any interest therein, which
THAT is not
needed for the purposes of the grantor, or lessor, to be used by the recipient
or lessee for its purposes.
Sec. 4582.43. A port authority may charge, alter, and
collect rentals or other charges for the use or services of any
port authority facility and contract in the manner provided by
this section with one or more persons, one or more governmental
agencies, or any combination thereof, desiring the use or
services of the facility, and fix the terms, conditions, rentals,
or other charges for such THE use or services. If such
THE services are
furnished in the jurisdiction of the port authority by a public
utility or a common carrier, charges by the port authority for
the services shall not be less than the charges established for
the same services furnished by a public utility or common carrier
in the port authority jurisdiction. Such THE rentals or other
charges shall not be subject to supervision or regulation by any
other authority, commission, board, bureau, or agency of the
state and such THE contract may provide for acquisition by
such THE
person or governmental agency of all or any part of such THE
port
authority facility for such consideration payable over the period
of the contract or otherwise as the port authority in its sole
discretion determines to be appropriate, but subject to the
provisions of any resolution authorizing the issuance of port
authority revenue bonds or any trust agreement securing such THE
bonds. Any governmental agency that has power to construct,
operate, and maintain port authority facilities may enter into a
contract or lease with a port authority whereby the use or
services of any port authority facility will be made available to
the governmental agency, and may pay for such THE use or
services such
rentals or other charges as may be agreed to by the port
authority and such THE governmental agency.
Any governmental agency or combination of governmental
agencies may cooperate with the port authority in the acquisition
or construction of port authority facilities and shall enter into
such agreements with the port authority as may be appropriate,
with a view to effective cooperative action and safeguarding of
the respective interests of the parties thereto, which agreements
shall provide for such contributions by the parties thereto in
such A proportion as may be agreed upon and such other
terms as may
be mutually satisfactory to the parties including, without
limitation, the authorization of the construction of the facility
by one of the parties acting as agent for all of the parties and
the ownership and control of the facility by the port authority
to the extent necessary or appropriate for purposes of the
issuance of port authority revenue bonds by the port authority.
Any governmental agency may provide the funds for the payment of
such ANY contribution as is required under such
agreements by the
levy of taxes or assessments if otherwise authorized by the laws
governing such THE governmental agency in the construction of
the
type of port authority facility provided for in the agreements,
and may pay the proceeds from the collection of such THE taxes
or
assessments; or the governmental agency may issue bonds or notes,
if authorized by such THOSE laws, in anticipation of the
collection of
such THE taxes or assessments, and may pay the proceeds of
such THE bonds
or notes to the port authority pursuant to such agreements. In
addition, any governmental agency may provide the funds for the
payment of such A contribution by the appropriation of money or,
if
otherwise authorized by law, by the issuance of bonds or notes
and may pay such THE appropriated money or the proceeds of
such THE bonds
or notes to the port authority pursuant to such agreements. The
agreement by the governmental agency to provide such A
contribution, whether from appropriated money or from the
proceeds of such taxes or assessments, or such bonds or notes,
or
any combination thereof, shall not be subject to Chapter 133. of
the Revised Code or any rules or limitations contained therein.
The proceeds from the collection of such taxes or assessments,
and any interest earned thereon, shall be paid into a special
fund immediately upon the collection thereof by the governmental
agency for the purpose of providing such THE contribution at the
times required under such agreements.
When the contribution of any governmental agency is to be
made over a period of time from the proceeds of the collection of
special assessments, the interest accrued and to accrue before
the first installment of the assessments is collected, which is
payable by the governmental agency on the contribution under the
terms and provisions of the agreements, shall be treated as part
of the cost of the improvement for which the assessments are
levied, and that portion of such THE assessments as are
THAT IS collected in
installments shall bear interest at the same rate as the
governmental agency is obligated to pay on the contribution under
the terms and provisions of the agreements and for the same
period of time as the contribution is to be made under the
agreements. If the assessment or any installment thereof is not
paid when due, it shall bear interest until the payment thereof
at the same rate as such THE contribution and the county auditor
shall annually place on the tax list and duplicate the interest
applicable to such THE assessment and the penalty thereon as
otherwise authorized by law.
Any governmental agency, pursuant to a favorable vote of
the electors in an election held before or after the effective
date of this section JULY 9, 1982, for the purpose
of issuing bonds to provide
funds to acquire, construct, or equip, or provide real estate and
interests in real estate for, a port authority facility, whether
or not the governmental agency, at the time of the election, had
the authority to pay the proceeds from such THE bonds or notes
issued
in anticipation of the bonds to the port authority as provided in
this section, may issue such bonds or notes in anticipation of
the issuance of the bonds and pay the proceeds of such THE bonds
or
notes to the port authority in accordance with its agreement with
the port authority; provided, that the legislative authority of
the governmental agency finds and determines that the port
authority facility to be acquired or constructed by the port
authority in cooperation with such THE governmental agency will
serve
the same public purpose and meet substantially the same public
need as the facility otherwise proposed to be acquired or
constructed by the governmental agency with the proceeds of such
THE bonds and notes.
Sec. 4582.431. (A) A PORT AUTHORITY MAY ENTER INTO ANY
CONTRACTS OR OTHER ARRANGEMENTS WITH THE
UNITED STATES GOVERNMENT, OR ANY
DEPARTMENT THEREOF, WITH PERSONS, RAILROADS, OR OTHER
CORPORATIONS, WITH PUBLIC CORPORATIONS, WITH PUBLIC UTILITIES, AND WITH THE
STATE
GOVERNMENT OF THIS OR ANY OTHER STATE, WITH COUNTIES,
MUNICIPALITIES, TOWNSHIPS, OR OTHER GOVERNMENTAL AGENCIES
CREATED BY OR UNDER THE AUTHORITY OF THE LAWS OF THIS STATE OR
OTHER STATES, INCLUDING SEWERAGE, DRAINAGE, CONSERVATION,
CONSERVANCY, OR OTHER IMPROVEMENT DISTRICTS IN THIS OR OTHER
STATES OR THE GOVERNMENTS OR AGENCIES OF FOREIGN COUNTRIES AS
MAY BE NECESSARY OR CONVENIENT FOR THE EXERCISE OF THE POWERS
GRANTED BY SECTIONS 4582.21 TO 4582.59 OF THE
REVISED
CODE, INCLUDING THE MAKING OF
SURVEYS, INVESTIGATIONS, OR REPORTS THEREON; PROVIDED THAT THE
CONTRACTS OR ARRANGEMENTS SHALL NOT BE IN VIOLATION OF SECTION 13 OR
16 OF ARTICLE VIII, OHIO CONSTITUTION.
THE PORT AUTHORITY MAY PURCHASE, LEASE, OR ACQUIRE LAND OR OTHER PROPERTY
IN ANY COUNTY OF THIS STATE AND IN ADJOINING STATES FOR THE
ACCOMPLISHMENT OF AUTHORIZED PURPOSES OF THE PORT AUTHORITY, OR
FOR THE IMPROVEMENT OF THE HARBOR AND PORT FACILITIES OVER WHICH
THE PORT AUTHORITY MAY HAVE JURISDICTION, AND MAY LET CONTRACTS
OR SPEND MONEY FOR THOSE PURPOSES, INCLUDING DEVELOPMENT OF PORT
FACILITIES IN ADJOINING STATES. THE AUTHORITY GRANTED IN THIS
SECTION TO ENTER INTO CONTRACTS OR OTHER ARRANGEMENTS WITH THE
UNITED STATES GOVERNMENT OR ANY
DEPARTMENT THEREOF, INCLUDES THE POWER TO ENTER INTO ANY
CONTRACTS, ARRANGEMENTS, OR AGREEMENTS THAT MAY BE NECESSARY TO
HOLD AND SAVE HARMLESS THE UNITED STATES FROM DAMAGES DUE TO
THE CONSTRUCTION AND MAINTENANCE BY THE UNITED STATES OF
WORK THE UNITED STATES UNDERTAKES.
ANY POLITICAL SUBDIVISION THAT HAS PARTICIPATED IN THE
CREATION OF A PORT AUTHORITY, OR IS WITHIN, OR ADJACENT TO A
POLITICAL SUBDIVISION THAT IS WITHIN, THE JURISDICTION OF A
PORT AUTHORITY, MAY ENTER INTO AN AGREEMENT, WHICH MAY BE
AMENDED OR SUPPLEMENTED, WITH THE PORT AUTHORITY TO ACCOMPLISH
ANY OF THE AUTHORIZED PURPOSES OF THE PORT AUTHORITY. THE
AGREEMENT MAY SET FORTH THE EXTENT TO WHICH THE PORT AUTHORITY
SHALL ACT AS THE AGENT OF THE POLITICAL SUBDIVISION.
(B) A PORT AUTHORITY MAY ENTER INTO AN
AGREEMENT WITH ONE OR MORE CONTRACTING SUBDIVISIONS, WHEREBY THE
PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION UNDERTAKES, AND IS
AUTHORIZED BY THE PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION,
TO EXERCISE ANY POWER, PERFORM ANY FUNCTION, OR RENDER ANY
SERVICE, ON BEHALF OF THE PORT AUTHORITY OR A CONTRACTING
SUBDIVISION, WHICH THE PORT AUTHORITY OR THE CONTRACTING
SUBDIVISION IS AUTHORIZED TO EXERCISE, PERFORM, OR
RENDER.
UPON THE EXECUTION OF SUCH AN AGREEMENT, AND WITHIN THE
LIMITATIONS PRESCRIBED BY THE AGREEMENT, THE PORT AUTHORITY AND
ANY CONTRACTING SUBDIVISION SHALL POSSESS AND MAY EXERCISE THE
SAME POWERS AND MAY PERFORM THE SAME FUNCTIONS AND RENDER THE
SAME SERVICES, AS ARE POSSESSED AND ARE AUTHORIZED TO BE
EXERCISED, OR TO BE PERFORMED OR RENDERED BY THE PORT AUTHORITY
OR ANY CONTRACTING SUBDIVISION THAT IS A PARTY TO THE AGREEMENT,
WHICH, BY SUCH AGREEMENT, THE PORT AUTHORITY OR A CONTRACTING
SUBDIVISION UNDERTAKES TO EXERCISE, PERFORM, OR RENDER, AND ALL POWERS
NECESSARY OR
INCIDENTAL THERETO, AS AMPLY AS SUCH POWERS
MAY BE POSSESSED AND ARE AUTHORIZED TO BE EXERCISED, OR THOSE
FUNCTIONS ARE AUTHORIZED TO BE PERFORMED OR THOSE SERVICES ARE
AUTHORIZED TO BE RENDERED, BY THE PORT AUTHORITY OR ANY
CONTRACTING SUBDIVISION DIRECTLY. THE EXERCISE OF THOSE POWERS,
PERFORMANCE OF THOSE FUNCTIONS, AND RENDERING OF THOSE SERVICES
BY THE PORT AUTHORITY OR ANY CONTRACTING SUBDIVISION SHALL BE
GOVERNED BY ANY PROCEDURES APPLICABLE TO THE PORT AUTHORITY OR
CONTRACTING SUBDIVISION ON BEHALF OF WHICH THE POWERS ARE BEING
EXERCISED, THE FUNCTIONS ARE BEING PERFORMED, OR THE SERVICES
ARE BEING RENDERED. ANY SUCH AGREEMENT SHALL NOT SUSPEND THE
POSSESSION BY THE PORT AUTHORITY OR A CONTRACTING SUBDIVISION
OF, OR ITS AUTHORITY TO EXERCISE, ANY POWERS, OR ITS AUTHORITY
TO PERFORM ANY FUNCTION OR RENDER ANY SERVICE. A PORT AUTHORITY
OR ANY CONTRACTING SUBDIVISION SHALL NOT ACQUIRE BY VIRTUE OF
ANY AGREEMENT ENTERED INTO UNDER THIS SECTION ANY POWER TO LEVY OR EXEMPT
TAXES OR ANY POWER TO EXERCISE EMINENT DOMAIN WITHIN, AND ON BEHALF OF, ANY
OTHER
SUBDIVISION
UNLESS APPROVED BY A MAJORITY OF THE ELECTORS OF THAT
CONTRACTING SUBDIVISION.
Sec. 4582.46. The exercise of the powers granted by
sections 4582.22 to 4582.59 of the Revised Code will SHALL be
for the
benefit of the people of the state, for the improvement of their
health, safety, convenience, and welfare, and for the enhancement
of their residential, agricultural, recreational, economic,
commercial, distributional DISTRIBUTION, research, and
industrial
opportunities and is a public purpose. As the operation and
maintenance of port authority facilities will constitute the
performance of essential governmental functions, a port authority
shall not be required to pay any taxes or assessments upon any
port authority facility, upon any property acquired or used by
the port authority under sections 4582.22 to 4582.59 of the
Revised Code, or upon the income therefrom, nor shall the
transfer to or from a port authority of title or possession of
any port authority facility, part thereof, or item included or to
be included in any such facility, be subject to the taxes levied
pursuant to Chapters 5739. and 5741. of the Revised Code,
provided, such THIS exemption does not apply to any property
belonging
to any port authority while OCCUPIED AND USED DURING A TAX YEAR BY
a person WHO is a lessee of such THE property
AS OF THE TAX LIEN DATE FOR THAT TAX YEAR under A written lease
providing for a tenancy WITH A REMAINING TERM longer than one
year.
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.
Sec. 4582.47. (A) With respect to facilities, and their
financing, for industry, commerce, distribution, or research
AUTHORIZED PURPOSES,
under agreements whereby the person to whom the facility is to be
leased, subleased, or sold, or to whom a loan is to be made for
the facility, is to make payments sufficient to pay all of the
principal of, premium, if any, and interest on the port authority
revenue bonds issued for the facility, the port authority may, in
addition to other powers under sections 4582.22 to 4582.59 of the
Revised Code, MAY DO ANY OF THE FOLLOWING:
(1) Make loans for the acquisition or construction of the
facility to such person upon such terms as the port authority may
determine or authorize including secured or unsecured loans, and,
in connection therewith, enter into loan agreements and other
agreements, accept notes and other forms of obligation to
evidence such indebtedness and mortgages, liens, pledges,
assignments, or other security interests to secure such
indebtedness, which may be prior or subordinate to or on a parity
with other indebtedness, obligations, mortgages, pledges,
assignments, other security interests, or liens or encumbrances,
and take such actions as may be considered by it
CONSIDERS 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;
(2) Sell such THE facility under such terms as it may
determine, including, without limitation, sale by conditional
sale or installment sale, under which title may pass prior to or
after completion of the facility or payment or provisions for
payment of all principal of, premium, if any, and interest on
such THE bonds, or at any other time provided in the agreement
pertaining to such THE sale, and including sale under an option
to
purchase at a price which may be a nominal amount or less than
true value at the time of purchase;
(3) Grant a mortgage, lien, or other encumbrance on, or
pledge or assignment of, or other security interest with respect
to, all or any part of the facility, revenues, reserve funds, or
other funds established in connection with such THE bonds, or
on, of,
or with respect to any lease, sublease, sale, conditional sale or
installment sale agreement, loan agreement, or other agreement
pertaining to the lease, sublease, sale, or other disposition of
a facility or pertaining to a loan made for a facility, or any
guaranty or insurance agreement made with respect thereto, or any
interest of the port authority therein, or any other interest
granted, assigned, or released to secure payments of the
principal of, premium, if any, or interest on the bonds or to
secure any other payments to be made by the port authority, which
mortgage, lien, encumbrance, pledge, assignment, or other
security interest may be prior or subordinate to or on a parity
with any other mortgage, assignment, or other security interest,
or lien or encumbrance;
(4) Provide that the interest on such THE bonds may be at a
variable rate or rates changing from time to time in accordance
with a base or formula as authorized by the port authority;
(5) Contract for the acquisition or construction of such
THE facility or any part thereof and for the leasing, subleasing,
sale, or other disposition of such THE facility in a manner
determined by the port authority in its sole discretion, without
necessity for competitive bidding or performance bonds.
(B) The port authority, in the lease, sale, or loan
agreement with respect to a facility referred to in division (A)
of this section, shall make;
(6) MAKE appropriate provision for adequate
maintenance of the facility.
(C)(B) With respect to the facilities referred to in this
section, the authority granted by this section is cumulative and
supplementary to all other authority granted in this chapter.
The authority granted by this section does not alter or impair
any similar authority granted elsewhere in this chapter for or
with respect to other facilities.
Sec. 4582.48. A port authority may at any time MAY issue
PORT AUTHORITY revenue bonds and notes in such principal amounts
as, in the
opinion of the port authority, are necessary for the purpose of
paying the cost of one or more port authority facilities or parts
thereof. A port authority may at any time MAY issue renewal
notes,
issue bonds to pay such RETIRE ITS notes and whenever it
deems CONSIDERS refunding
expedient, refund any bonds by the issuance of port authority
revenue refunding bonds of a political subdivision creating or
participating in the creation of the port authority whether the
bonds to be refunded have or have not matured, and issue PORT AUTHORITY
REVENUE bonds
partly to refund bonds then outstanding BONDS and partly for any
other
authorized purpose. The PORT AUTHORITY REVENUE refunding bonds shall
be sold and the
proceeds applied to the purchase, redemption, or payment of the
bonds to be refunded. Except as may otherwise be expressly
provided by the port PORT authority, every issue of its
revenue bonds
or notes shall be special obligations of the port authority
payable out of the revenues of the port authority that are
pledged for such payment, without preference or priority of the
first bonds issued, subject only to any agreements with the
holders of particular bonds or notes pledging any particular
revenues. Such THE pledge shall be valid and binding from
the time
the pledge is made and the revenues so pledged and thereafter
received by the port authority shall immediately SHALL be
subject to
the lien of the pledge without any physical delivery thereof or
further act, and the lien of any such THE pledge is valid and
binding
as against all parties having claims of any kind in tort,
contract, or otherwise against the port authority, irrespective
of whether such THOSE parties have notice thereof. Neither the
resolution nor any trust agreement by which a pledge is created
need be filed or recorded except in the records of the port
authority.
Whether or not the PORT AUTHORITY REVENUE bonds or notes are of
such form and
character as to be negotiable instruments, the PORT AUTHORITY REVENUE
bonds or notes
shall have all the qualities and incidents of negotiable
instruments, subject only to the provisions of the bonds or notes
for registration.
The PORT AUTHORITY REVENUE bonds and notes shall be authorized
by resolution of
the port authority, AND SHALL BEAR INTEREST AT SUCH RATE OR
RATES, shall bear such date or dates, and shall
mature at such time or times, in the case of any such
AND IN SUCH NUMBER OF INSTALLMENTS AS MAY BE PROVIDED IN
OR PURSUANT TO THAT RESOLUTION. THE FINAL MATURITY OF ANY PORT
AUTHORITY REVENUE BOND IN THE FORM OF A
note or AND any
renewals thereof SHALL not exceeding EXCEED five years
from the date of issue
of such THE original note and in the case of any such
bond. THE FINAL MATURITY OF ANY ORIGINAL ISSUE OF PORT
AUTHORITY REVENUE BONDS SHALL not
exceeding EXCEED forty years from the date of issue, and
THE FINAL MATURITY OF ANY PORT AUTHORITY REVENUE BONDS
THAT REFUND OUTSTANDING PORT AUTHORITY REVENUE BONDS SHALL NOT
BE LATER THAN THE LATER OF FORTY YEARS FROM THE DATE OF ISSUE OF
THE ORIGINAL ISSUE OF BONDS OR THE DATE BY WHICH IT IS EXPECTED,
AT THE TIME OF ISSUANCE OF THE REFUNDING BONDS, THAT THE USEFUL
LIFE OF ALL OF THE PROPERTY REFINANCED WITH THE PROCEEDS OF THE
BONDS, OTHER THAN INTERESTS IN LAND, WILL HAVE EXPIRED. ANY
SUCH BONDS OR NOTES
shall be
executed in such A manner as such THE resolution
or resolutions may
provide. The PORT AUTHORITY REVENUE bonds and notes shall
bear interest at such rate or
rates, be in such denominations, be in such form, either coupon
or registered, carry such registration privileges, be payable in
such medium of payment, at such place or places, and be subject
to such terms of redemption as the port authority may authorize
BE PROVIDED IN OR PURSUANT TO THE RESOLUTION AUTHORIZING THEIR
ISSUANCE.
The PORT AUTHORITY REVENUE bonds and notes of the port
authority may be sold by the port
authority, at public or private sale, at or at not less than such
A
price or prices as the port authority determines. In case any
officer whose signature or a facsimile of whose signature appears
on any bonds, notes, or coupons, ceases to be such officer before
delivery of bonds or notes, such THE signature or facsimile
shall
nevertheless be sufficient for all purposes the same as if he THE
OFFICER had remained in office until such delivery, and in case the seal
of
the port authority has been changed after a facsimile has been
imprinted on such bonds or notes, such THE facsimile seal will
continue to be sufficient for all purposes.
Any resolution or resolutions authorizing any PORT AUTHORITY REVENUE
bonds or
notes or any issue of bonds or notes may contain provisions,
subject to such ANY agreements with bondholders or
noteholders as may
then exist, which provisions shall be a part of the contract with
the holders of the bonds or notes, as to the pledging of all or
any part of the revenues of the port authority to secure the
payment of the PORT AUTHORITY bonds or notes or of any issue of
the bonds or
notes; the use and disposition of revenues of the port authority;
a covenant to fix, alter, and collect rentals and other charges
so that pledged revenues will be sufficient to pay costs of
operation, maintenance, and repairs, pay principal of and
interest on bonds or notes secured by the pledge of such
revenues, and provide such ANY reserves as THAT
may be required by the
applicable resolution or trust agreement; the setting aside of
reserve funds, sinking funds, or replacement and improvement
funds and the regulation and disposition thereof; the crediting
of the proceeds of the sale of bonds or notes to and among the
funds referred to or provided for in OR PURSUANT TO the resolution
authorizing
the issuance of the bonds or notes; the use, lease, sale, or
other disposition of any port authority facility or any other
assets of the port authority; limitations on the purpose to which
the proceeds of sale of bonds or notes may be applied and the
pledging of such THOSE proceeds to secure the payment of the
bonds or
notes or of any issue of the bonds or notes; as to notes issued
in anticipation of the issuance of bonds, the agreement of the
port authority to do all things necessary for the authorization,
issuance, and sale of such THE bonds in such amounts
as THAT may be
necessary for the timely retirement of such THE notes;
limitations on
the issuance of additional bonds or notes; the terms upon which
additional bonds or notes may be issued and secured; the
refunding of outstanding bonds or notes; the procedure, if any,
by which the terms of any contract with bondholders or
noteholders may be amended or abrogated, the amount of bonds or
notes the holders of which must consent thereto, and the manner
in which such consent may be given; limitations on the amount of
moneys to be expended by the port authority for operating,
administrative, or other expenses of the port authority; securing
any bonds or notes by a trust agreement in accordance with
section 4582.50 of the Revised Code; and any other matters, of
like or different character, that in any way affect the security
or protection of the bonds or notes.
At least three days prior to the delivery of bonds issued
under authority of this section, the port authority shall send a
written notice by certified mail to the clerk of the legislative
authority of each political subdivision which participated in the
creation of the port authority advising such legislative
authority of the proposed delivery of the bonds, the amount of
the bonds, the user, and a general description of the facility or
facilities to be financed.
Neither the BOARD OF directors of the port authority nor any person
executing the bonds or notes shall be liable personally on the
bonds or notes or be subject to any personal liability or
accountability by reason of the issuance thereof.
Sec. 4582.50. In the discretion of the port authority, any
port authority revenue bonds issued under sections 4582.22 to
4582.59 of the Revised Code, may be secured by a trust agreement
between the port authority and a corporate trustee, which trustee
THAT may be any trust company or bank having the powers of a trust
company within or without the state.
Any such THE trust agreement may pledge or assign revenues of
the port authority to be received and may convey or mortgage any
port authority facility or any part thereof. Any such THE trust
agreement or any resolution providing for the issuance of such
bonds or notes may contain such ANY provisions for
protecting and
enforcing the rights and remedies of the bondholders or
noteholders as are reasonable and proper and not in violation of
law, including covenants setting forth the duties of the port
authority in relation to the acquisition of property, the
construction, improvement, maintenance, repair, operation, and
insurance of the port authority facility in connection with which
such THE bonds or notes are authorized, the rentals or
other
charges
to be imposed for the use or services of any port authority
facility, the custody, safeguarding, and application of all
moneys, and provisions for the employment of consulting engineers
in connection with the construction or operation of such THE
port
authority facility. Any bank or trust company incorporated under
the laws of this state that may act as depository of the proceeds
of bonds or notes or of revenues may furnish such ANY
indemnifying
bonds or may pledge such ANY securities as THAT
are required by the port
authority. Any such THE trust agreement may set forth the
rights and
remedies of the bondholders and noteholders and of the trustee,
and may restrict the individual right of action by bondholders
and noteholders as is customary in trust agreements or trust
indentures securing similar bonds. Such THE trust agreement may
contain such ANY other provisions as THAT the port
authority determines
reasonable and proper for the security of the bondholders or
noteholders. All expenses incurred in carrying out the
provisions of any such THE trust agreement may be treated as a
part
of the cost of the operation of the port authority facility.
Sec. 4582.52. Port authority revenue bonds issued under
sections 4582.22 to 4582.59 of the Revised Code do not constitute
a debt, or a pledge of the faith and credit, of the state or any
political subdivision of the state, and the holders or owners of
the bonds have no right to have taxes levied by the general
assembly or taxing authority of any political subdivision of the
state for the payment of the principal of or interest on the
bonds, but such THE bonds and notes are payable solely
from the
revenues and funds pledged for their payment as authorized by
such THOSE sections, unless the notes are issued in anticipation
of the
issuance of bonds or the bonds are refunded by refunding bonds
issued under such THOSE sections, which bonds or refunding bonds
shall
be payable solely from revenues and funds pledged for their
payment as authorized by such THOSE sections. All such
THE bonds and notes
shall contain on the face thereof a statement to the effect that
the bonds or notes, as to both principal and interest, are not
debts of the state or any political subdivision of the state, but
are payable solely from revenues and funds pledged for their
payment.
Sec. 4582.54. Moneys in the funds of the port authority, except as otherwise
provided in any resolution authorizing the issuance of its port authority
revenue bonds or in any trust agreement securing the same, in excess of
current
needs, may be invested in notes, bonds, or other obligations of the United
States or any agency or instrumentality of the United States, or in
obligations
of this state or any political subdivision of this state AS PERMITTED
BY SECTIONS 135.01 TO 135.21 of the Revised Code. Income from all
such
investments of moneys in any fund shall be credited to such funds as the port
authority determines, subject to the provisions of any such resolution or
trust
agreement, and such investments may be sold at such ANY
time as the port authority
determines.
Sec. 4582.58. (A) All final actions of the port authority shall be
journalized
and
such THE journal and the records of the port authority shall be
open to public
inspection at all reasonable times, except that any records or information
relating to marketing plans, specific business strategy, financial
projections,
financial statements, or secret processes or secret methods of manufacture or
production that may be obtained by the port authority or other persons acting
under sections 4582.22 to 4852.59 of the Revised Code are confidential and
shall not be disclosed. NOT LATER THAN THE FIRST DAY OF APRIL
EVERY YEAR, EVERY PORT AUTHORITY SHALL SUBMIT A REPORT TO THE DIRECTOR OF
DEVELOPMENT DETAILING THE PROJECTS AND ACTIVITIES OF THE PORT AUTHORITY DURING
THE PREVIOUS CALENDAR YEAR. THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO,
ALL ASPECTS OF THOSE PROJECTS AND ACTIVITIES, INCLUDING THE PROGRESS AND
STATUS OF THE PROJECTS AND THEIR COSTS, AND ANY OTHER INFORMATION THE DIRECTOR
DETERMINES SHOULD BE INCLUDED IN THE REPORT.
(B) FINANCIAL AND PROPRIETARY
INFORMATION, INCLUDING TRADE SECRETS, SUBMITTED BY OR ON BEHALF
OF AN EMPLOYER TO A PORT AUTHORITY OR TO A NONPROFIT CORPORATION
ENGAGED BY CONTRACT TO PROVIDE ECONOMIC DEVELOPMENT SERVICES FOR
A PORT AUTHORITY, IN CONNECTION WITH THE RELOCATION, LOCATION,
EXPANSION, IMPROVEMENT, OR PRESERVATION OF THE BUSINESS OF THAT
EMPLOYER IS NOT A PUBLIC RECORD SUBJECT TO SECTION 149.43 OF THE
REVISED
CODE. ANY OTHER INFORMATION
SUBMITTED BY SUCH AN EMPLOYER UNDER THOSE CIRCUMSTANCES IS NOT A
PUBLIC RECORD SUBJECT TO SECTION 149.43 OF THE
REVISED
CODE UNTIL THAT
EMPLOYER COMMITS IN WRITING TO PROCEED WITH THE RELOCATION,
LOCATION, EXPANSION, IMPROVEMENT, OR PRESERVATION.
(C) NOTWITHSTANDING SECTION 121.22 OF THE
REVISED
CODE, THE BOARD OF DIRECTORS OF
A PORT AUTHORITY AND THE BOARD OF TRUSTEES OF A NONPROFIT
CORPORATION DESCRIBED IN DIVISION
(B) OF THIS SECTION, AND ANY
COMMITTEE OR SUBCOMMITTEE OF EITHER, WHEN CONSIDERING
INFORMATION THAT IS NOT A PUBLIC RECORD UNDER THIS SECTION, MAY
CLOSE ANY MEETING DURING THE CONSIDERATION OF THAT INFORMATION
PURSUANT TO A VOTE OF THE MAJORITY OF THE MEMBERS PRESENT ON A
MOTION STATING THAT SUCH INFORMATION IS TO BE CONSIDERED. NO
OTHER MATTERS SHALL BE CONSIDERED DURING THE CLOSED
SESSION.
Sec. 4582.99. Whoever violates division (M)(N) of section
4582.06 or division (N)
of section 4582.31 of the Revised Code is guilty of a minor misdemeanor.
Section 2. That existing sections 9.981, 109.71, 109.77, 109.78,
349.01, 2901.01, 2921.51,
2935.01, 2935.03, 4582.01, 4582.02, 4582.023, 4582.03, 4582.04,
4582.041, 4582.05, 4582.06, 4582.10, 4582.11, 4582.12, 4582.17,
4582.20, 4582.201, 4582.202, 4582.21, 4582.22, 4582.25, 4582.26, 4582.27,
4582.28,
4582.29, 4582.30, 4582.31, 4582.35, 4582.36, 4582.37, 4582.38,
4582.43, 4582.46, 4582.47, 4582.48, 4582.50, 4582.52, 4582.54,
4582.58, and 4582.99 and sections 4582.021, 4582.022, 4582.23, 4582.24, and
4582.56 of the Revised Code are hereby repealed.
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