130th Ohio General Assembly
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Am. H. B. No. 81As Reported by the House State Government Committee
As Reported by the House State Government Committee

125th General Assembly
Regular Session
2003-2004
Am. H. B. No. 81


REPRESENTATIVES Core, S. Patton



A BILL
To amend section 1724.10 and to enact section 1724.12 of the Revised Code to specify that a community improvement corporation designated as the agency of a political subdivision may be authorized to take certain other actions on behalf of the political subdivision and retains certain statutory powers to do all things necessary or convenient to carry out its organizational purposes and to prohibit a community improvement corporation from providing certain information or cable services in competition with private enterprise.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1724.10 be amended and section 1724.12 of the Revised Code be enacted to read as follows:
Sec. 1724.10. (A) A community improvement corporation may be designated by a county, one or more townships, one or more municipal corporations, two or more adjoining counties, or any combination of the foregoing those political subdivisions as the agency of each such designating political subdivision for the industrial, commercial, distribution, and research development in such the political subdivision when the legislative authority of such the political subdivision has determined that the policy of the political subdivision is to promote the health, safety, morals, and general welfare of its inhabitants through the designation of a community improvement corporation as such an agency. Such The designation shall be made by the legislative authority of the political subdivision by resolution or ordinance. Any
(B) Any political subdivision which that has designated a community improvement corporation as such an agency may enter into an agreement with it to provide any one or more of the following:
(A)(1) That the community improvement corporation shall prepare a plan for the political subdivision of industrial, commercial, distribution, and research development, and such the plan shall provide therein in it the extent to which the community improvement corporation shall participate as the agency of the political subdivision in carrying it out such plan. Such The plan shall be confirmed by the legislative authority of the political subdivision. A
A community improvement corporation may insure mortgage payments required by a first mortgage on any industrial, economic, commercial, or civic property for which funds have been loaned by any person, corporation, bank, or financial or lending institution upon such the terms and conditions as the community improvement corporation may prescribe. A community improvement corporation may incur debt, mortgage its property acquired under this section or otherwise, and issue its obligations, for the purpose of acquiring, constructing, improving, and equipping buildings, structures, and other properties, and acquiring sites therefor for buildings, structures, and other properties, for lease or sale by the community improvement corporation in order to carry out its participation in such the plan. Any such debt shall be solely that of the community improvement corporation and shall not be secured by the pledge of any moneys received or to be received from any political subdivision. All revenue bonds issued under sections 1724.02 and 1724.10 of the Revised Code this chapter are lawful investments of banks, savings and loan associations, deposit guarantee associations, trust companies, trustees, fiduciaries, trustees or other officers having charge of sinking or bond retirement funds of municipal corporations and other political subdivisions of the state, and of domestic insurance companies notwithstanding sections 3907.14 and 3925.08 of the Revised Code. Not less than two-fifths of the governing board of any community improvement corporation designated as the agency of one or more political subdivisions shall be composed of mayors, members of municipal legislative authorities, members of boards of township trustees, members of boards of county commissioners, or any other appointed or elected officers of such political subdivisions, provided that at least one officer from each political subdivision shall be a member of the governing board. Membership on the governing board of a community improvement corporation does not constitute the holding of a public office or employment within the meaning of sections 731.02 and 731.12 of the Revised Code or any other section of the Revised Code. Membership on such governing boards shall not constitute an interest, either direct or indirect, in a contract or expenditure of money by any municipal corporation, township, county, or other political subdivision. No member of such governing boards shall be disqualified from holding any public office or employment, nor shall such member forfeit any such office or employment, by reason of his membership on the governing board of a community improvement corporation notwithstanding any law to the contrary.
Actions taken under this section shall be in accordance with any applicable planning or zoning regulations.
Any agreement entered into under this section may be amended or supplemented from time to time by the parties thereto.
A community improvement corporation designated as the agency of a political subdivision under this section shall promote and encourage the establishment and growth in such subdivision of industrial, commercial, distribution, and research facilities.
(B)(2) Authorization for the community improvement corporation to sell or to lease any lands or interests in lands owned by the political subdivision determined from time to time by the its legislative authority thereof not to be required by such the political subdivision for its purposes, for uses determined by the legislative authority as those that will promote the welfare of the people of the political subdivision, stabilize the economy, provide employment, and assist in the development of industrial, commercial, distribution, and research activities to the benefit of the people of the political subdivision, and will provide additional opportunities for their gainful employment. The legislative authority shall specify the consideration for such a sale or lease and any other terms thereof of the sale or lease. Any determinations made by the legislative authority under this division shall be conclusive. The
The community improvement corporation, acting through its officers and on behalf and as agent of the political subdivision, shall execute the necessary instruments, including deeds conveying the title of the political subdivision or leases, to accomplish such a sale or lease. Such a conveyance or lease shall be made without advertising and receipt of bids. A
A copy of such the agreement providing the authorization described in this division shall be recorded in the office of the county recorder of any county in which lands or interests in lands to be sold or leased are situated prior to the recording of a deed or lease executed pursuant to such the agreement. The county recorder shall charge the same fee for the recording, indexing, or making of a certified copy thereof of the agreement as provided in section 317.32 of the Revised Code.
(C)(3) That the political subdivision executing the agreement will convey or lease to the community improvement corporation lands and or interests in lands owned by the political subdivision and determined by the that its legislative authority thereof determines are not to be required by the political subdivision for its purposes and that such, the conveyance or lease of such land or interests in land which will promote the welfare of the people of the political subdivision, stabilize the economy, provide employment, and assist in the development of industrial, commercial, distribution, and research activities to the benefit of the people of the political subdivision, and provide additional opportunities for their gainful employment, for the consideration and upon the terms established in the agreement, and further that, as the agency for development, the community improvement corporation may acquire from others additional lands or interests in lands, and any lands or interests in land lands so conveyed or leased to the community improvement corporation may be sold or leased by it for uses that will promote the welfare of the people of the political subdivision, stabilize the economy, provide employment, and assist in the development of industrial, commercial, distribution, and research activities required for the people of the political subdivision and for their gainful employment. Any conveyance or lease by the political subdivision to the community improvement corporation shall be made without advertising and receipt of bids. If any lands or interests in land lands conveyed by a political subdivision under this division are sold by the community improvement corporation at a price in excess of the consideration received by the political subdivision from the community improvement corporation, such the excess shall be paid to such the political subdivision after deducting, to the extent and in the manner provided in the agreement, the costs of such acquisition and sale, taxes, assessments, costs of maintenance, costs of improvements to the land by the community improvement corporation, service fees, and any debt service charges of the corporation attributable to such the land or interests.
(4) Authorization for the community improvement corporation to take any other actions on behalf of the political subdivision that are consistent with the purposes of this chapter.
(C) Not less than two-fifths of the governing board of any community improvement corporation designated as the agency of one or more political subdivisions shall be composed of mayors, members of municipal legislative authorities, members of boards of township trustees, members of boards of county commissioners, or any other appointed or elected officers of the designating political subdivisions, and at least one officer from each designating political subdivision shall be a member of the governing board. Membership on the governing board does not constitute the holding of a public office or employment within the meaning of sections 731.02 and 731.12 or any other section of the Revised Code. Membership on the governing board also does not constitute an interest, either direct or indirect, in a contract or expenditure of money by any municipal corporation, township, county, or other political subdivision. No member of the governing board shall be disqualified from holding any public office or employment, or forfeit any public office or employment, by reason of membership on the governing board notwithstanding any law to the contrary.
(D) Actions taken under this section shall be in accordance with any applicable planning or zoning regulations.
(E) Any agreement entered into under this section may be amended or supplemented from time to time by the parties to it.
(F)(1) A community improvement corporation designated as the agency of a political subdivision under this section shall promote and encourage the establishment and growth in that political subdivision of industrial, commercial, distribution, and research facilities.
(2) A community improvement corporation that enters into an agreement under this section retains the powers listed in section 1724.02 of the Revised Code to do all things necessary or convenient to carry out the purposes stated in section 1724.01 of the Revised Code.
Sec. 1724.12.  Notwithstanding any other provision of this chapter, a community improvement corportation shall not, directly or indirectly, provide information service, as defined in 47 U.S.C. 153(20), or cable service, as defined in 47 U.S.C. 522(6), in competition with private enterprise.
Section 2. That existing section 1724.10 of the Revised Code is hereby repealed.
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