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(123rd General Assembly)(Amended Senate Bill Number 43)
AN ACT
To amend sections 317.08, 6121.01, 6121.04, and 6121.061 and to enact section
1507.071
of the Revised Code to create a coastal erosion loan program to provide
financial assistance to property owners for the construction of erosion
control structures in coastal erosion areas.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 317.08, 6121.01, 6121.04, and 6121.061 be amended and
section 1507.071 of the Revised Code be enacted to read as follows:
Sec. 317.08. Except as provided in division (F) of this
section, the county recorder shall keep six separate sets
of records as follows: (A) A record of deeds, in which shall be recorded all
deeds and other instruments of writing for the absolute and
unconditional sale or conveyance of lands, tenements, and
hereditaments; all notices as provided for in sections 5301.47 to
5301.56 of the Revised Code; all judgments or decrees in actions
brought under section 5303.01 of the Revised Code; all
declarations and bylaws as provided for in Chapter 5311. of the
Revised Code; affidavits as provided for in section 5301.252 of
the Revised Code; all certificates as provided for in section
5311.17 of the Revised Code; all articles dedicating
archaeological preserves accepted by the director of the Ohio
historical society under section 149.52 of the Revised Code; all
articles dedicating nature preserves accepted by the director of
natural resources under section 1517.05 of the Revised Code; all
agreements for the registration of lands as archaeological or
historic landmarks under section 149.51 or 149.55 of the Revised
Code; all conveyances of conservation easements and agricultural easements
under section
5301.68 of the Revised Code; all instruments extinguishing agricultural
easements under section 901.21 or 5301.691 of the Revised Code or pursuant to
terms of such an easement granted to a charitable organization under section
5301.68 of the Revised Code; all instruments or orders described
in division (B)(1)(c)(ii) of section 5301.56 of the Revised Code;
all no further action letters issued under section 3746.11 of the
Revised Code; all covenants not to sue issued under section
3746.12 of the Revised Code; any restrictions on the use of
property identified pursuant to division (C)(3) of section
3746.10 of the Revised Code; and all memoranda of trust, as
described in division (A) of section 5301.255 of the Revised
Code, that describe specific real property; and all agreements
entered into under division (A) of section 1507.071 of the Revised Code; (B) A record of mortgages, in which shall be recorded all
of the following: (1) All mortgages, including amendments, supplements,
modifications, and extensions of mortgages, or other instruments
of writing by which lands, tenements, or hereditaments are or may
be mortgaged or otherwise conditionally sold, conveyed, affected,
or encumbered; (2) All executory installment contracts for the sale of
land executed after September 29, 1961, that by their terms are
not required to be fully performed by one or more of the parties
to them within one year of the date of the contracts; (3) All options to purchase real estate, including
supplements, modifications, and amendments of the options, but no
option of that nature shall be recorded if it does not state a
specific day and year of expiration of its validity; (4) Any tax certificate sold under section 5721.33 of the Revised Code, or memorandum
thereof, that is presented for filing of record. (C) A record of powers of attorney, including all
memoranda of trust, as described in division (A) of section
5301.255 of the Revised Code, that do not describe specific real
property; (D) A record of plats, in which shall be recorded all
plats and maps of town lots, of the subdivision of town lots, and
of other divisions or surveys of lands, any center line survey of
a highway located within the county, the plat of which shall be
furnished by the director of transportation or county engineer,
and all drawings as provided for in Chapter 5311. of the Revised
Code; (E) A record of leases, in which shall be recorded all
leases, memoranda of leases, and supplements, modifications, and
amendments of leases and memoranda of leases; (F) A record of declarations
executed pursuant to section 2133.02 of the
Revised Code
and durable powers of attorney for health care executed pursuant to section
1337.12 of the Revised
Code. All instruments or memoranda of instruments entitled to
record shall be recorded in the proper record in the order in
which they are presented for record. The recorder may index,
keep, and record in one volume unemployment compensation liens,
internal revenue tax liens and other liens in favor of the United
States as described in division (A) of section 317.09 of the
Revised Code, personal tax liens, mechanic's liens, agricultural
product liens, notices of liens, certificates of satisfaction or
partial release of estate tax liens, discharges of recognizances,
excise and franchise tax liens on corporations, broker's liens,
and liens
provided for in sections 1513.33, 1513.37, 3752.13, 5111.021, and
5311.18
of the Revised Code. The recording of an option to purchase real estate,
including any supplement, modification, and amendment of the
option, under this section shall serve as notice to any purchaser
of an interest in the real estate covered by the option only
during the period of the validity of the option as stated in the
option. (G) In lieu of keeping the six separate
sets of records
required in divisions (A) to (F) of this section and the
records required in division (H) of this section, a county
recorder may
record all the instruments required to be recorded by this
section in two separate sets of record books. One set shall be
called the "official records" and shall contain the instruments
listed in divisions (A), (B), (C), (E), (F), and
(H) of this section. The second set of records shall
contain the instruments listed in
division (D) of this section. (H) Except as provided in division (G)
of this section, the county recorder shall keep a separate set of records
containing all corrupt activity lien notices filed with the
recorder pursuant to section 2923.36 of the Revised Code and a
separate set of records containing all medicaid fraud lien
notices filed with the recorder pursuant to section 2933.75 of
the Revised Code. Sec. 1507.071. (A) A board of county
commissioners may use a loan obtained under division
(C) of this section to provide
financial assistance to any person who owns real property in a
coastal erosion area, as defined in section 1506.01 of the
Revised
Code, and who has received a
permit under section 1507.04 of the
Revised
Code to construct an erosion
control structure in that coastal erosion area. The board shall enter into an
agreement with
the person that complies with all of the following
requirements: (1) The agreement shall identify the person's real property for which the
erosion control structure is being constructed and shall include a legal
description of that property and a reference to the volume and page of the
deed record in which the title of that person to that property is recorded. (2) In accordance with rules
adopted by the Ohio water
development authority under division
(V) of section 6121.04 of the
Revised
Code for the purposes of
division (C) of this section
and pursuant to an agreement between the board and the authority
under that division, the board shall agree to cause payments to
be made by the authority to the contractor hired by the person
to construct an erosion control structure in amounts not to
exceed the total amount specified in the agreement between the
board and the person. (3) The person shall agree to pay to the board, or to the authority as the
assignee pursuant to division (C) of this section, the total amount
of the payments plus administrative or other costs of the board or the
authority at times, in installments, and bearing interest as specified in the
agreement. The agreement may contain additional provisions that the board determines
necessary to safeguard the interests of the county or to comply with an
agreement entered into under division (C) of this section. (B) Upon entering into an agreement under division
(A) of this section, the board
shall do all of the following: (1) Cause the agreement to be recorded in the county deed records in
the office of the county recorder of the county in which the
real property is situated. Failure to record the agreement
does not affect the validity of the agreement or the collection
of any amounts due under the agreement. (2) Establish by resolution an erosion
control repayment fund into which shall be deposited all amounts
collected under division (B)(3)
of this section. Moneys in that fund shall be used by the board
for the repayment of the loan and for administrative or other
costs of the board or the authority as specified in an agreement
entered into under division (C)
of this section. If the amount of money in the fund is inadequate to repay
the loan when due, the board of county commissioners, by resolution, may
advance money from any other fund in order to repay the loan if that use of
the money from the other fund is not in conflict with law.
If the board so advances money in order to repay the loan, the board
subsequently shall reimburse each fund from which the board advances money
with moneys from the erosion control repayment fund. (3) Bill and collect all amounts when due
under the agreement entered into under division
(A) of this section. The board shall certify amounts
not paid when due to the county auditor, who shall enter the amounts on the
real property tax list and duplicate against the property identified under
division (A)(1) of this section. The amounts not
paid when due shall be a lien on that property from the date on which the
amounts are placed on the tax list and duplicate and shall be collected in the
same manner as other taxes. (C) A board may apply to the authority for a loan for the purpose
of entering into agreements under division (A) of this section. The
loan shall be for an amount and on the terms established in an agreement
between the board and the authority. The board may assign any agreements
entered into under division (A) of
this section to the authority in order to provide for the repayment of the
loan and may pledge any lawfully available revenues to the repayment of the
loan, provided that no moneys raised by taxation shall be obligated or pledged
by the board for the repayment of the loan. Any agreement with the authority
pursuant to this division is not subject to Chapter 133. of the Revised Code or any
requirements or limitations established in that chapter. (D) The authority, as
assignee of any agreement pursuant to division
(C) of this section, may
enforce and compel the board and the county auditor by mandamus
pursuant to Chapter 2731. of
the Revised Code to comply with division (B) of
this section in a timely manner. (E) The construction of an erosion control structure by a
contractor hired by an individual homeowner, group of individual homeowners,
or homeowners association that enters into an agreement with a board under
division (A) of this section is not a public improvement, as defined
in section 4115.03 of the Revised Code, and is not subject to competitive bidding or public
bond laws. Sec. 6121.01. As used in this chapter: (A) "Beneficial use" means a use of water, including the method of diversion,
storage, transportation, treatment, and application, that is reasonable and
consistent with the public interest in the proper utilization of water
resources, including, without limitation, domestic, agricultural, industrial,
power, municipal, navigational, fish and wildlife, and recreational uses. (B) "Governmental agencies" means departments, divisions, or other units of
state government, watershed districts, soil and water conservation districts,
municipal corporations, counties, townships, and other political subdivisions,
special water districts, including county and regional sewer and water
districts, conservancy districts, sanitary districts, sewer districts, or any
other public corporation or agency having the authority to acquire, construct,
or operate waste water or water management facilities, the United States or
any agency thereof, and any agency, commission, or authority established
pursuant to an interstate compact or agreement. (C) "Person" means any individual, firm, partnership, association, or
corporation, or two or more or any combination thereof. (D) "Waters of the state" means all streams, lakes, ponds, marshes,
watercourses, waterways, wells, springs, irrigation systems, drainage systems,
and other bodies or accumulations of water, surface and underground, natural
or artificial, that are situated wholly or partly within, or border upon, this
state or are within its jurisdiction, except those private waters that do not
combine or effect a junction with natural surface or underground waters. (E) "Water resources" means all waters of the state occurring on the surface
in natural or artificial channels, lakes, reservoirs, or impoundments, and
underground in subsurface aquifers, that are available or may be made
available to agricultural, industrial, commercial, recreational, public, and
domestic users. (F) "Project" or "water development project" means either of the following: (1) Any waste water facility or water management facility,
including undivided or other interests therein, acquired or
constructed or to be acquired or constructed by the Ohio water
development authority under this chapter, or acquired or
constructed or to be acquired or constructed by a governmental
agency or person with all or a portion of the cost thereof being
paid from a loan or grant from the authority under this chapter,
including all buildings and facilities that the authority considers necessary
for the operation of the project, together with all property, rights,
easements, and interest that may be required for the operation of the project; (2) Any project or activity qualifying for financial assistance under section
6109.22, 6111.036, or 6111.037 of the Revised Code. (G) "Pollution" means the placing of any noxious or deleterious substances in
any waters of the state or otherwise affecting the waters or properties of any
waters of the state, including the temperature or radioactivity thereof, in a
manner that is or renders the waters harmful or inimical to the public health,
to animal or aquatic life, or to the use of the waters for domestic water
supply, industrial, or agricultural purposes or recreation. (H) "Sewage" means any substance that contains any of the waste products or
excrementitious or other discharge from the bodies of human beings or animals
and that pollutes the waters of the state or that in the absence of a waste
water facility would pollute or cause greater pollution of the waters of the
state. (I) "Industrial waste" means any liquid, gaseous, or solid waste substance,
heat, radioactivity, or radiation, resulting from any process of industry,
manufacture, trade, or business, or from the development, processing, or
recovery of any natural resource, together with such sewage as is present,
that pollutes the waters of the state or that in the absence of a waste water
facility would pollute or cause greater pollution of the waters of the state. (J) "Waste water" means any water containing sewage or industrial waste or
other pollutants or contaminants derived from the prior use of the water. (K) "Waste water facilities" means facilities, property,
or the modification or replacement of property for the purpose
of treating, neutralizing, disposing of, stabilizing, dispersing,
cooling, segregating, or holding waste water, or for the removal,
reduction, containment, alteration, storage, or disposal of
sewage or industrial waste or substances containing sewage or
industrial waste, or for the prevention or reduction, or reduction of
the concentration, of pollution of the waters of the state,
including, without limitation, facilities for the withdrawal of
waters of the state, facilities for the treatment and disposal of
sewage or industrial waste and the residue thereof, facilities
for the temporary or permanent impoundment of waste water, both
surface and underground, and sanitary sewers and other systems,
whether on the surface or underground, designed to transport
waste water together with the equipment and furnishings thereof
and their appurtenances and systems, whether on the surface or
underground, including force mains and pumping facilities
therefor when necessary, and facilities or expenditures
that qualify as water pollution control facilities under Section
103(C) (4) (F) of the Internal Revenue Code of 1954, as amended,
and regulations adopted thereunder, and also includes any property or system
to be used in whole or in part for any of the foregoing purposes, whether or
not another purpose is also is served, and any property or
system incidental to
or that has to do with or the end purpose of which is any of the foregoing.
Waste water facilities as defined in this division for industry, commerce,
distribution, or research, including public utility companies, are hereby
determined to be those that qualify as facilities for the control of water
pollution and thermal pollution related to
water under Section 13 of Article VIII, Ohio Constitution. (L) "Water management facilities" means facilities for the
development, use, and protection of water resources, including,
without limitation, facilities for water supply, facilities for
stream flow improvement, dams, reservoirs, and other
impoundments, water transmission lines, water wells and well
fields, pumping stations and works for underground water
recharge, facilities for the management and treatment of storm
water, stream monitoring systems, facilities for the
stabilization of stream and river banks and coastal erosion areas, as
defined in section 1506.01 of the Revised Code, and facilities for the
treatment of streams and rivers, including, without limitation,
facilities for the removal of oil, debris, and other solid waste
from the waters of the state and stream and river aeration facilities. (M) "Cost" as applied to a water development project means
the cost of acquisition and construction, the cost of acquisition
of all land, rights-of-way, property rights, easements, franchise
rights, and interests required for that acquisition and
construction, the cost of demolishing or removing any buildings
or structures on land so acquired, including the cost of
acquiring any lands to which the buildings or structures
may be moved, the cost of acquiring or constructing and equipping a
principal office and sub-offices of the authority, the cost of
diverting highways, interchange of highways, or access roads to
private property, including the cost of land or easements
therefor, 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 costs, expenses of research and development
with respect to waste water or water management facilities, legal
expenses, the cost of plans, specifications, and surveys,
estimates of cost and revenues, working capital, other expenses necessary or
incident to determining the feasibility or practicability of acquiring or
constructing any such project, administrative expense, and such other
expense
as that may be necessary or incident to the acquisition or
construction
of the
project, the financing of the acquisition or construction including the amount
authorized in the resolution of the authority providing for the issuance of
water development revenue bonds to be paid into any special funds from the
proceeds of the bonds, and the financing of the placing of any such project 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 costs described
above, in connection with the acquisition or construction of a project may be
regarded as a part of the cost of the project and may be reimbursed out of the
proceeds of water development revenue bonds as authorized by this chapter. (N) "Owner" includes all individuals, copartnerships, associations,
corporations, or governmental agencies having any title or interest in any
property rights, easements, and interests authorized to be acquired by this
chapter. (O) "Revenues" means all rentals and other charges for the use or services of
any water development project, any gift or grant received with respect
thereto, including, without limitation, any moneys received by the authority
pursuant to an agreement entered into under section 6109.22, 6111.036, or
6111.037 of the Revised Code, any moneys received with respect to the lease,
sublease, sale, including installment sale or conditional sale, or other
disposition of a project, moneys received in repayment of and for interest on
any loan made by the authority to a person or governmental agency, whether
from the United States or a department, administration, or agency thereof, or
otherwise, proceeds of bonds to the extent that use thereof for payment of
principal of, premium if any, or interest on the bonds is authorized by the
authority, proceeds from any insurance, condemnation, or guaranty pertaining
to a project or property mortgaged to secure bonds or pertaining to the
financing of the project, and income and profit from the investment of the
proceeds of water development revenue bonds or of any revenues. (P) "Public roads" includes all public highways, roads, and streets in the
state whether maintained by the state, or a county, municipal
corporation,
township, or other political subdivision. (Q) "Public utility facilities" includes tracks, pipes, mains, conduits,
cables, wires, towers, poles, and other equipment and appliances of any public
utility. (R) "Construction," unless the context indicates a different meaning or
intent, includes reconstruction, enlargement, improvement, or providing
furnishings or equipment. (S) "Water development revenue bonds," unless the context indicates a
different meaning or intent, includes water development revenue notes, water
development revenue renewal notes, and water development 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 6121.06 of the
Revised Code and notes or renewal notes issued as the definitive obligation
may be issued maturing at such the time or times as
that the authority determines with
a maximum maturity of forty years from the date of issuance of the original
note. Sec. 6121.04. The Ohio water development authority may do any or all of the
following: (A) Adopt bylaws for the regulation of its affairs and the conduct of its
business; (B) Adopt an official seal; (C) Maintain a principal office and suboffices at places within the state
that it designates; (D) Sue and plead in its own name, and be sued and impleaded in its
own name
with respect to its contracts or torts of its members, employees, or agents
acting within the scope of their employment, or to enforce its obligations and
covenants made under sections 6121.06, 6121.08, and 6121.13 of the Revised
Code. Any such actions against the authority shall be brought in the court of
common pleas of the county in which the principal office of the authority is
located or in the court of common pleas of the county in which the cause of
action arose, provided that the county is located within this state, and all
summonses, exceptions, and notices of every kind shall be served on the
authority by leaving a copy thereof at the principal office with the person in
charge thereof or with the secretary-treasurer of the authority. (E) Make loans and grants to governmental agencies for the acquisition or
construction of water development projects by any such governmental agency and
adopt rules and procedures for making such loans and grants; (F) Acquire, construct, reconstruct, enlarge, improve, furnish, equip,
maintain, repair, operate, or lease or rent to, or contract for operation by,
a governmental agency or person, water development projects, and establish
rules for the use of such those projects; (G) Make available the use or services of any water development project to
one or more persons, one or more governmental agencies, or any combination
thereof; (H) Issue water development revenue bonds and notes and water development
revenue refunding bonds of the state, payable solely from revenues as provided
in section 6121.06 of the Revised Code, unless the bonds are refunded by
refunding bonds, for the purpose of paying any part of the cost of one or more
water development projects or parts thereof; (I) Acquire by gift or purchase, hold, and dispose of real and personal
property in the exercise of its powers and the performance of its duties under
this chapter; (J) Acquire, in the name of the state, by purchase or otherwise, on
such
terms and in such the manner as that it considers
proper, or by the exercise of the
right of condemnation in the manner provided by section 6121.18 of the Revised
Code, such public or private lands, including public parks,
playgrounds, or
reservations, or parts thereof or rights therein, rights-of-way, property,
rights, easements, and interests as that it considers necessary
for carrying out
this chapter, but excluding the acquisition by the exercise of the right of
condemnation of any waste water facility or water management facility owned by
any person or governmental agency, and compensation shall be paid for public
or private lands so taken, except that a government-owned waste water facility
may be appropriated in accordance with section 6121.041 of the Revised Code; (K) Adopt rules to protect augmented flow in waters of the state, to the
extent augmented by a water development project, from depletion so it will be
available for beneficial use, and to provide standards for the withdrawal from
waters of the state of the augmented flow created by a water development
project that is not returned to the waters of the state so augmented and to
establish reasonable charges therefor if considered necessary by the
authority; (L) Make and enter into all contracts and agreements and execute all
instruments necessary or incidental to the performance of its duties and the
execution of its powers under this chapter in accordance with the following
requirements: (1) When the cost under any such contract or agreement, other than
compensation for personal services, involves an expenditure of more than ten
thousand dollars, the authority shall make a written contract with the lowest
responsive and responsible bidder, in accordance with section 9.312 of the
Revised Code, after advertisement for not less than two consecutive weeks in a
newspaper of general circulation in Franklin county, and in such other
publications as that the authority determines, which shall state
the general
character of the work and the general character of the materials to be
furnished, the place where plans and specifications therefor may be examined,
and the time and place of receiving bids, provided that a contract or lease
for the operation of a water development project constructed and owned by the
authority or an agreement for cooperation in the acquisition or construction
of a water development project pursuant to section 6121.13 of the Revised
Code or any contract for the construction of a water development project that
is to be leased by the authority to, and operated by, persons who are not
governmental agencies and the cost of the project is to be amortized
exclusively from rentals or other charges paid to the authority by persons who
are not governmental agencies is not subject to the foregoing requirements and
the authority may enter into such a contract or lease or such an agreement
pursuant to negotiation and upon such terms and conditions and for
such
the period
as that it finds to be reasonable and proper in the
circumstances and in the best
interests of proper operation or of efficient acquisition or construction of
the project. (2) Each bid for a contract for the construction, demolition, alteration,
repair, or reconstruction of an improvement shall contain the full name of
every person interested in it and shall meet the requirements of section
153.54 of the Revised Code. (3) Each bid for a contract except as provided in division (L)(2) of this
section shall contain the full name of every person or company interested in
it and shall be accompanied by a sufficient bond or certified check on a
solvent bank that if the bid is accepted, a contract will be entered into and
the performance thereof secured. (4) The authority may reject any and all bids. (5) A bond with good and sufficient surety, approved by the authority, shall
be required of every contractor awarded a contract except as provided in
division (L)(2) of this section, in an amount equal to at least fifty per
cent of the contract price, conditioned upon the faithful performance of the
contract. (M) Employ managers, superintendents, and other employees and retain or
contract with consulting engineers, financial consultants, accounting experts,
architects, attorneys, and other consultants and independent contractors
as that
are necessary in its judgment to carry out this chapter, and fix the
compensation thereof. All expenses thereof shall be payable solely from the
proceeds of water development revenue bonds or notes issued under this
chapter, from revenues, or from funds appropriated for that purpose by the
general assembly. (N) Receive and accept from any federal agency, subject to the approval of
the governor, grants for or in aid of the construction of any water
development project or for research and development with respect to waste
water or water management facilities, and receive and accept aid or
contributions from any source of money, property, labor, or other things of
value, to be held, used, and applied only for the purposes for which the
grants and contributions are made; (O) Engage in research and development with respect to waste water or water
management facilities; (P) Purchase fire and extended coverage and liability insurance for any water
development project and for the principal office and suboffices of the
authority, insurance protecting the authority and its officers and employees
against liability for damage to property or injury to or death of persons
arising from its operations, and any other insurance the authority may agree
to provide under any resolution authorizing its water development revenue
bonds or in any trust agreement securing the same; (Q) Charge, alter, and collect rentals and other charges for the use or
services of any water development project as provided in section 6121.13 of
the Revised Code; (R) Provide coverage for its employees under sections 4123.01 to 4123.94,
4141.01 to 4141.46, and 145.01 to 145.58 and Chapters 4123.
and 4141. of the Revised Code; (S) Assist in the implementation and administration of the drinking water
assistance fund and program created in section 6109.22 of the Revised Code and
the water pollution control loan fund and program created in section 6111.036
of the Revised Code, including, without limitation, performing or providing
fiscal management for the funds and investing and disbursing moneys in the
funds, and enter into all necessary and appropriate agreements with the
director of environmental protection for those purposes; (T) Issue water development revenue bonds and notes of the state in principal
amounts that are necessary for the purpose of raising moneys for the sole
benefit of the water pollution control loan fund created in section 6111.036
of the Revised Code, including moneys to meet the requirement for providing
matching moneys under division (D) of that section. The bonds and notes may
be secured by appropriate trust agreements and repaid from moneys credited to
the fund from payments of principal and interest on loans made from the fund,
as provided in division (F) of section 6111.036 of the Revised Code. (U) Issue water development revenue bonds and notes of the state in principal
amounts that are necessary for the purpose of raising moneys for the sole
benefit of the drinking water assistance fund created in section 6109.22 of
the Revised Code, including moneys to meet the requirement for providing
matching moneys under divisions (B) and (F) of that section. The bonds
and notes may be secured by appropriate trust agreements and repaid from
moneys credited to the fund from payments of principal and interest on loans
made from the fund, as provided in division (F) of section 6109.22 of the
Revised Code. (V) Make loans to and enter into agreements with boards of county
commissioners for the purposes of section 1507.071 of the Revised Code and adopt rules
establishing requirements and procedures for making the loans and entering
into the agreements; (W) Do all acts necessary or proper to carry out the powers
expressly granted
in this chapter. Sec. 6121.061. The Ohio water development authority shall not
issue any bonds or otherwise participate in any project
authorized by this chapter or Chapter 6123. of the Revised Code
unless the contract, resolution, or other written document
setting forth the board's participation specifies that all wages
paid to laborers and mechanics employed on such the projects
shall
be paid at the prevailing rates of wages of laborers and
mechanics for the class of work called for by the project, 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 to loans made to boards of county commissioners under
division (V) of section 6121.04 of the Revised Code or 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 the project and prescribes
predetermined minimum wages to be paid to such the laborers and
mechanics;, and provided further that should
if a non-public user
beneficiary of the project undertake undertakes, as part of the
project,
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 date of the
commitment instrument setting forth the board's participation,
then, in that event, the rate of pay provided under the
collective bargaining agreement may be paid to such those
employees. SECTION 2 . That existing sections 317.08, 6121.01, 6121.04, and 6121.061 of
the Revised Code are hereby repealed.
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