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Am. H. B. No. 81As Reported by the House State Government CommitteeAs Reported by the House State Government Committee
125th General Assembly | Regular Session | 2003-2004 |
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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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