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(128th General Assembly)
(Substitute House Bill Number 313)
AN ACT
To amend sections 1.62, 135.35, 323.78, 349.01,
349.03, 349.04, 349.06, 349.14, 1724.02, 1724.03,
1724.04, 1724.05, 5705.19, and 5722.22 and to
enact section 321.343 of the Revised Code to
authorize a county with a population greater than
60,000 to organize a county land reutilization
corporation, to authorize a county treasurer of a
county with such a corporation to utilize the
alternative redemption period in actions to
foreclose abandoned lands, to immunize a county
land reutilization corporation from liability for
breach of a common law duty in connection with a
parcel of land, to make other changes regarding
county land reutilization corporations, to specify
that county levies for Ohio state university
extension services may be levied in excess of the
ten-mill limitation, to authorize levies in excess
of the ten-mill limitation for expenses of soil
and water conservation districts, and to modify
the New Community Authority Law.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 1.62, 135.35, 323.78, 349.01,
349.03, 349.04, 349.06, 349.14, 1724.02, 1724.03, 1724.04,
1724.05, 5705.19, and 5722.22 be amended and section 321.343 of
the Revised Code be enacted to read as follows:
Sec. 1.62. As used in the Revised Code, unless the context
of a section does not permit the following or unless expressly
provided otherwise in a section:
(A) References to particular county officers, boards,
commissions, and authorities mean, in the case of a county that
has adopted a charter under Article X, Ohio Constitution, the
officer, board, commission, or authority of that county designated
by or pursuant to the charter to exercise the same powers or
perform the same acts, duties, or functions that are to be
exercised or performed under the applicable section of the Revised
Code by officers, boards, commissions, or authorities of counties
that have not adopted a charter. If any section of the Revised
Code requires county representation on a board, commission, or
authority by more than one county officer, and the charter vests
the powers, duties, or functions of each county officer
representing the county on the board, commission, or authority in
fewer officers or in only a single county officer, the county
officers or officer shall succeed to the representation of only
one of the county officers on the board, commission, or authority.
If any vacancy in the representation of the county on the board,
commission, or authority remains, the taxing authority of the
county shall adopt a resolution to fill the vacancy.
(B) References to resolutions mean, in the case of a county
that has adopted a charter under Article X, Ohio Constitution, the
appropriate form of legislation permitted by or pursuant to the
charter.
Sec. 135.35. (A) The investing authority shall deposit or
invest any part or all of the county's inactive moneys and shall
invest all of the money in the county public library fund when
required by section 135.352 of the Revised Code. The following
classifications of securities and obligations are eligible for
such deposit or investment:
(1) United States treasury bills, notes, bonds, or any other
obligation or security issued by the United States treasury, any
other obligation guaranteed as to principal or interest by the
United States, or any book entry, zero-coupon United States
treasury security that is a direct obligation of the United
States.
Nothing in the classification of eligible securities and
obligations set forth in divisions (A)(2) to (11) of this section
shall be construed to authorize any investment in stripped
principal or interest obligations of such eligible securities and
obligations.
(2) Bonds, notes, debentures, or any other obligations or
securities issued by any federal government agency or
instrumentality, including but not limited to, the federal
national mortgage association, federal home loan bank, federal
farm credit bank, federal home loan mortgage corporation,
government national mortgage association, and student loan
marketing association. All federal agency securities shall be
direct issuances of federal government agencies or
instrumentalities.
(3) Time certificates of deposit or savings or deposit
accounts, including, but not limited to, passbook accounts, in any
eligible institution mentioned in section 135.32 of the Revised
Code;
(4) Bonds and other obligations of this state or the
political subdivisions of this state, provided that such political
subdivisions are located wholly or partly within the same county
as the investing authority;
(5) No-load money market mutual funds consisting exclusively
of obligations described in division (A)(1) or (2) of this section
and repurchase agreements secured by such obligations, provided
that investments in securities described in this division are made
only through eligible institutions mentioned in section 135.32 of
the Revised Code;
(6) The Ohio subdivision's fund as provided in section 135.45
of the Revised Code;
(7) Securities lending agreements with any eligible
institution mentioned in section 135.32 of the Revised Code that
is a member of the federal reserve system or federal home loan
bank or with any recognized United States government securities
dealer meeting the description in division (J)(1) of this section,
under the terms of which agreements the investing authority lends
securities and the eligible institution or dealer agrees to
simultaneously exchange similar securities or cash, equal value
for equal value.
Securities and cash received as collateral for a securities
lending agreement are not inactive moneys of the county or moneys
of a county public library fund. The investment of cash collateral
received pursuant to a securities lending agreement may be
invested only in instruments specified by the investing authority
in the written investment policy described in division (K) of this
section.
(8) Up to twenty-five per cent of the county's total average
portfolio in either of the following investments:
(a) Commercial paper notes issued by an entity that is
defined in division (D) of section 1705.01 of the Revised Code and
that has assets exceeding five hundred million dollars, to which
notes all of the following apply:
(i) The notes are rated at the time of purchase in the
highest classification established by at least two nationally
recognized standard rating services.
(ii) The aggregate value of the notes does not exceed ten per
cent of the aggregate value of the outstanding commercial paper of
the issuing corporation.
(iii) The notes mature not later than two hundred seventy
days after purchase.
(b) Bankers acceptances of banks that are insured by the
federal deposit insurance corporation and to which both of the
following apply:
(i) The obligations are eligible for purchase by the federal
reserve system.
(ii) The obligations mature not later than one hundred eighty
days after purchase.
No investment shall be made pursuant to division (A)(8) of
this section unless the investing authority has completed
additional training for making the investments authorized by
division (A)(8) of this section. The type and amount of additional
training shall be approved by the auditor of state and may be
conducted by or provided under the supervision of the auditor of
state.
(9) Up to fifteen per cent of the county's total average
portfolio in notes issued by corporations that are incorporated
under the laws of the United States and that are operating within
the United States, or by depository institutions that are doing
business under authority granted by the United States or any state
and that are operating within the United States, provided both of
the following apply:
(a) The notes are rated in the second highest or higher
category by at least two nationally recognized standard rating
services at the time of purchase.
(b) The notes mature not later than two years after purchase.
(10) No-load money market mutual funds rated in the highest
category at the time of purchase by at least one nationally
recognized standard rating service and consisting exclusively of
obligations described in division (A)(1), (2), or (6) of section
135.143 of the Revised Code;
(11) Debt interests rated at the time of purchase in the
three highest categories by two nationally recognized standard
rating services and issued by foreign nations diplomatically
recognized by the United States government. All interest and
principal shall be denominated and payable in United States funds.
The investments made under division (A)(11) of this section shall
not exceed in the aggregate one per cent of a county's total
average portfolio.
The investing authority shall invest under division (A)(11)
of this section in a debt interest issued by a foreign nation only
if the debt interest is backed by the full faith and credit of
that foreign nation, there is no prior history of default, and the
debt interest matures not later than five years after purchase.
For purposes of division (A)(11) of this section, a debt interest
is rated in the three highest categories by two nationally
recognized standard rating services if either the debt interest
itself or the issuer of the debt interest is rated, or is
implicitly rated, at the time of purchase in the three highest
categories by two nationally recognized standard rating services.
(12) A current unpaid or delinquent tax line of credit
authorized under division (G) of section 135.341 of the Revised
Code, provided that all of the conditions for entering into such a
line of credit under that division are satisfied, or bonds and
other obligations of a county land reutilization corporation
organized under Chapter 1724. of the Revised Code, if the county
land reutilization corporation is located wholly or partly within
the same county as the investing authority.
(B) Nothing in the classifications of eligible obligations
and securities set forth in divisions (A)(1) to (11) of this
section shall be construed to authorize investment in a
derivative, and no investing authority shall invest any county
inactive moneys or any moneys in a county public library fund in
a derivative. For purposes of this division, "derivative" means a
financial instrument or contract or obligation whose value or
return is based upon or linked to another asset or index, or both,
separate from the financial instrument, contract, or obligation
itself. Any security, obligation, trust account, or other
instrument that is created from an issue of the United States
treasury or is created from an obligation of a federal agency or
instrumentality or is created from both is considered a derivative
instrument. An eligible investment described in this section with
a variable interest rate payment, based upon a single interest
payment or single index comprised of other eligible investments
provided for in division (A)(1) or (2) of this section, is not a
derivative, provided that such variable rate investment has a
maximum maturity of two years. A treasury inflation-protected
security shall not be considered a derivative, provided the
security matures not later than five years after purchase.
(C) Except as provided in division (D) of this section, any
investment made pursuant to this section must mature within five
years from the date of settlement, unless the investment is
matched to a specific obligation or debt of the county or to a
specific obligation or debt of a political subdivision of this
state located wholly or partly within the county, and the
investment is specifically approved by the investment advisory
committee.
(D) The investing authority may also enter into a written
repurchase agreement with any eligible institution mentioned in
section 135.32 of the Revised Code or any eligible securities
dealer pursuant to division (J) of this section, under the terms
of which agreement the investing authority purchases and the
eligible institution or dealer agrees unconditionally to
repurchase any of the securities listed in divisions (B)(1) to
(5), except letters of credit described in division (B)(2), of
section 135.18 of the Revised Code. The market value of securities
subject to an overnight written repurchase agreement must exceed
the principal value of the overnight written repurchase agreement
by at least two per cent. A written repurchase agreement must
exceed the principal value of the overnight written repurchase
agreement, by at least two per cent. A written repurchase
agreement shall not exceed thirty days, and the market value of
securities subject to a written repurchase agreement must exceed
the principal value of the written repurchase agreement by at
least two per cent and be marked to market daily. All securities
purchased pursuant to this division shall be delivered into the
custody of the investing authority or the qualified custodian of
the investing authority or an agent designated by the investing
authority. A written repurchase agreement with an eligible
securities dealer shall be transacted on a delivery versus payment
basis. The agreement shall contain the requirement that for each
transaction pursuant to the agreement the participating
institution shall provide all of the following information:
(1) The par value of the securities;
(2) The type, rate, and maturity date of the securities;
(3) A numerical identifier generally accepted in the
securities industry that designates the securities.
No investing authority shall enter into a written repurchase
agreement under the terms of which the investing authority agrees
to sell securities owned by the county to a purchaser and agrees
with that purchaser to unconditionally repurchase those
securities.
(E) No investing authority shall make an investment under
this section, unless the investing authority, at the time of
making the investment, reasonably expects that the investment can
be held until its maturity. The investing authority's written
investment policy shall specify the conditions under which an
investment may be redeemed or sold prior to maturity.
(F) No investing authority shall pay a county's inactive
moneys or moneys of a county public library fund into a fund
established by another subdivision, treasurer, governing board, or
investing authority, if that fund was established by the
subdivision, treasurer, governing board, or investing authority
for the purpose of investing or depositing the public moneys of
other subdivisions. This division does not apply to the payment of
public moneys into either of the following:
(1) The Ohio subdivision's fund pursuant to division (A)(6)
of this section;
(2) A fund created solely for the purpose of acquiring,
constructing, owning, leasing, or operating municipal utilities
pursuant to the authority provided under section 715.02 of the
Revised Code or Section 4 of Article XVIII, Ohio Constitution.
For purposes of division (F) of this section, "subdivision"
includes a county.
(G) The use of leverage, in which the county uses its current
investment assets as collateral for the purpose of purchasing
other assets, is prohibited. The issuance of taxable notes for the
purpose of arbitrage is prohibited. Contracting to sell securities
not owned by the county, for the purpose of purchasing such
securities on the speculation that bond prices will decline, is
prohibited.
(H) Any securities, certificates of deposit, deposit
accounts, or any other documents evidencing deposits or
investments made under authority of this section shall be issued
in the name of the county with the county treasurer or investing
authority as the designated payee. If any such deposits or
investments are registrable either as to principal or interest, or
both, they shall be registered in the name of the treasurer.
(I) The investing authority shall be responsible for the
safekeeping of all documents evidencing a deposit or investment
acquired under this section, including, but not limited to,
safekeeping receipts evidencing securities deposited with a
qualified trustee, as provided in section 135.37 of the Revised
Code, and documents confirming the purchase of securities under
any repurchase agreement under this section shall be deposited
with a qualified trustee, provided, however, that the qualified
trustee shall be required to report to the investing authority,
auditor of state, or an authorized outside auditor at any time
upon request as to the identity, market value, and location of the
document evidencing each security, and that if the participating
institution is a designated depository of the county for the
current period of designation, the securities that are the subject
of the repurchase agreement may be delivered to the treasurer or
held in trust by the participating institution on behalf of the
investing authority.
Upon the expiration of the term of office of an investing
authority or in the event of a vacancy in the office for any
reason, the officer or the officer's legal representative shall
transfer and deliver to the officer's successor all documents
mentioned in this division for which the officer has been
responsible for safekeeping. For all such documents transferred
and delivered, the officer shall be credited with, and the
officer's successor shall be charged with, the amount of moneys
evidenced by such documents.
(J)(1) All investments, except for investments in securities
described in divisions (A)(5) and, (6), and (12) of this section,
shall be made only through a member of the national association of
securities dealers, through a bank, savings bank, or savings and
loan association regulated by the superintendent of financial
institutions, or through an institution regulated by the
comptroller of the currency, federal deposit insurance
corporation, or board of governors of the federal reserve system.
(2) Payment for investments shall be made only upon the
delivery of securities representing such investments to the
treasurer, investing authority, or qualified trustee. If the
securities transferred are not represented by a certificate,
payment shall be made only upon receipt of confirmation of
transfer from the custodian by the treasurer, governing board, or
qualified trustee.
(K)(1) Except as otherwise provided in division (K)(2) of
this section, no investing authority shall make an investment or
deposit under this section, unless there is on file with the
auditor of state a written investment policy approved by the
investing authority. The policy shall require that all entities
conducting investment business with the investing authority shall
sign the investment policy of that investing authority. All
brokers, dealers, and financial institutions, described in
division (J)(1) of this section, initiating transactions with the
investing authority by giving advice or making investment
recommendations shall sign the investing authority's investment
policy thereby acknowledging their agreement to abide by the
policy's contents. All brokers, dealers, and financial
institutions, described in division (J)(1) of this section,
executing transactions initiated by the investing authority,
having read the policy's contents, shall sign the investment
policy thereby acknowledging their comprehension and receipt.
(2) If a written investment policy described in division
(K)(1) of this section is not filed on behalf of the county with
the auditor of state, the investing authority of that county shall
invest the county's inactive moneys and moneys of the county
public library fund only in time certificates of deposits or
savings or deposit accounts pursuant to division (A)(3) of this
section, no-load money market mutual funds pursuant to division
(A)(5) of this section, or the Ohio subdivision's fund pursuant to
division (A)(6) of this section.
(L)(1) The investing authority shall establish and maintain
an inventory of all obligations and securities acquired by the
investing authority pursuant to this section. The inventory shall
include a description of each obligation or security, including
type, cost, par value, maturity date, settlement date, and any
coupon rate.
(2) The investing authority shall also keep a complete record
of all purchases and sales of the obligations and securities made
pursuant to this section.
(3) The investing authority shall maintain a monthly
portfolio report and issue a copy of the monthly portfolio report
describing such investments to the county investment advisory
committee, detailing the current inventory of all obligations and
securities, all transactions during the month that affected the
inventory, any income received from the obligations and
securities, and any investment expenses paid, and stating the
names of any persons effecting transactions on behalf of the
investing authority.
(4) The monthly portfolio report shall be a public record and
available for inspection under section 149.43 of the Revised Code.
(5) The inventory and the monthly portfolio report shall be
filed with the board of county commissioners.
(M) An investing authority may enter into a written
investment or deposit agreement that includes a provision under
which the parties agree to submit to nonbinding arbitration to
settle any controversy that may arise out of the agreement,
including any controversy pertaining to losses of public moneys
resulting from investment or deposit. The arbitration provision
shall be set forth entirely in the agreement, and the agreement
shall include a conspicuous notice to the parties that any party
to the arbitration may apply to the court of common pleas of the
county in which the arbitration was held for an order to vacate,
modify, or correct the award. Any such party may also apply to the
court for an order to change venue to a court of common pleas
located more than one hundred miles from the county in which the
investing authority is located.
For purposes of this division, "investment or deposit
agreement" means any agreement between an investing authority and
a person, under which agreement the person agrees to invest,
deposit, or otherwise manage, on behalf of the investing
authority, a county's inactive moneys or moneys in a county public
library fund, or agrees to provide investment advice to the
investing authority.
(N) An investment held in the county portfolio on September
27, 1996, that was a legal investment under the law as it existed
before September 27, 1996, may be held until maturity, or if the
investment does not have a maturity date the investment may be
held until five years from September 27, 1996, regardless of
whether the investment would qualify as a legal investment under
the terms of this section as amended.
Sec. 321.343. A county treasurer of a county in which a
county land reutilization corporation has been organized under
Chapter 1724. of the Revised Code may enter into an agreement with
the county land reutilization corporation for the benefit of the
holders of debt obligations of the corporation for the repayment
of which will be pledged the penalties and interest on current
year unpaid taxes and current year delinquent taxes, as defined in
and available under section 321.341 of the Revised Code. The
pledge agreement may include, without limitation, a pledge by the
county treasurer of and a grant of a security interest in the
penalties and interest deposited into the county land
reutilization fund to the payment of debt service on the debt
obligations and a covenant of the county treasurer to continue to
make the special tax advances authorized under section 321.341 of
the Revised Code when the debt obligations remain outstanding if
necessary to generate from the penalties and interest at least the
amount needed to pay the debt service on the debt obligations when
due. The penalties and interest so pledged and so deposited are
immediately subject to the pledge and security interest without
any physical delivery thereof or further act. The pledge and
security interest are valid, binding, and enforceable against all
parties having claims of any kind against the county land
reutilization corporation or the county treasurer, irrespective of
notice thereof, and such pledge and grant of a security interest
creates a perfected security interest for all purposes of Chapter
1309. of the Revised Code, without the necessity for separation or
delivery or possession of the pledged penalties and interest, or
for the filing or recording of the document by which the pledge
and security interest are created. The penalties and interest so
deposited may be applied to the purposes for which pledged without
necessity for any act of appropriation. The performance under this
pledge agreement is expressly determined and declared to be a duty
specifically enjoined by law upon the county treasurer and each
officer and employee having authority to perform the duty of the
county treasurer resulting from an office, trust, or station,
within the meaning of section 2731.01 of the Revised Code,
enforceable by writ of mandamus.
Sec. 323.78. Notwithstanding anything in Chapters 323.,
5721., and 5723. of the Revised Code, if the county treasurer of a
county having a population of more than one million two hundred
thousand as of the most recent decennial census in which a county
land reutilization operates, in any petition for foreclosure of
abandoned lands, elects to invoke the alternative redemption
period, then upon any adjudication of foreclosure by any court or
the board of revision in any proceeding under section 323.25,
sections 323.65 to 323.79, or section 5721.18 of the Revised Code,
the following apply:
(A) Unless otherwise ordered by a motion of the court or
board of revision, the petition shall assert, and any notice of
final hearing shall include, that upon foreclosure of the parcel,
the equity of redemption in any parcel by its owner shall be
forever terminated after the expiration of the alternative
redemption period, that the parcel thereafter may be sold at
sheriff's sale either by itself or together with other parcels as
permitted by law; or that the parcel may, by order of the court or
board of revision, be transferred directly to a municipal
corporation, township, county, school district, or county land
reutilization corporation without appraisal and without a sale,
free and clear of all impositions and any other liens on the
property, which shall be deemed forever satisfied and discharged.
(B) After the expiration of the alternative redemption period
following an adjudication of foreclosure, by order of the court or
board of revision, any equity of redemption is forever
extinguished, and the parcel may be transferred individually or in
lots with other tax-foreclosed properties to a municipal
corporation, township, county, school district, or county land
reutilization corporation without appraisal and without a sale,
upon which all impositions and any other liens subordinate to
liens for impositions due at the time the deed to the property is
conveyed to a purchaser or transferred to a community development
organization, county land reutilization corporation, municipal
corporation, county, township, or school district, shall be deemed
satisfied and discharged. Other than the order of the court or
board of revision so ordering the transfer of the parcel, no
further act of confirmation or other order shall be required for
such a transfer, or for the extinguishment of any right of
redemption.
(C) Upon the expiration of the alternative redemption period
in cases to which the alternative redemption period has been
ordered, if no community development organization, county land
reutilization corporation, municipal corporation, county,
township, or school district has requested title to the parcel,
the court or board of revision may order the property sold as
otherwise provided in Chapters 323. and 5721. of the Revised Code,
and, failing any bid at any such sale, the parcel shall be
forfeited to the state and otherwise disposed of pursuant to
Chapter 5723. of the Revised Code.
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.
In the case of a new community authority established on or
after the effective date of this amendment and before January 1,
2012, "new community" may mean a community or development of
property planned under this chapter in relation to an existing
community so that the community includes facilities for the
conduct of community activities, and is designed in accordance
with planning concepts for the placement of utility, open space,
and other supportive facilities for the community.
(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 this chapter.
In the case of a new community authority established on or
after the effective date of this amendment and before January 1,
2012, a new community development program may take into account
any existing community in relation to which a new community is
developed for purposes of being characterized by well-balanced and
diversified land use patterns.
(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 the 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 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 municipal corporation, county, 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. In the
case of a new community authority established on or after the
effective date of this amendment and before January 1, 2012,
"developer" may mean a person, municipal corporation, county, or
port authority that controls land within a new community district
through leases of at least forty years' duration.
(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)(1) "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, hospital facilities as
defined in section 140.01 of the Revised Code, 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.
(2) In the case of a new community authority established on
or after the effective date of this amendment and before January
1, 2012, "community facilities" may mean, in addition to the
facilities authorized in division (I)(1) of this section, any
community facilities that are owned, operated, financed,
constructed, or maintained for, relating to, or in furtherance of
community activities, including, but not limited to, town
buildings or other facilities, health care facilities including,
but limited to, hospital facilities, and off-street parking
facilities.
(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:
(1) 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.
(2) For a new community authority that is established on or
after the effective date of this amendment and before January 1,
2012, "community development charge" includes, in addition to the
charges authorized in division (L)(1) of this section, a charge
determined on the basis of all or a part of the income of the
residents of real property within the new community district if
such property is devoted to residential uses, or all or a part of
the profits, gross receipts, or other revenues of any business
operating in the new community district.
(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 with the greatest population located
in the county in which the proposed new community district is
located, is the most populous city of with the greatest population
located in 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.
(N) "Community activities" means cultural, educational,
governmental, recreational, residential, industrial, commercial,
distribution and research activities, or any combination thereof
that includes residential activities.
Sec. 349.03. (A) Proceedings for the organization of a new
community authority shall be initiated by a petition filed by the
developer in the office of the clerk of the board of county
commissioners of one of the counties in which all or part of the
proposed new community district is located. Such petition shall be
signed by the developer and may be signed by each proximate city.
The legislative authorities of each such proximate city shall act
in behalf of such city. Such petition shall contain:
(1) The name of the proposed new community authority;
(2) The address where the principal office of the authority
will be located or the manner in which the location will be
selected;
(3) A map and a full and accurate description of the
boundaries of the new community district together with a
description of the properties within such boundaries, if any,
which will not be included in the new community district. Unless
the district is wholly contained within municipalities, the total
acreage included in such district shall not be less than one
thousand acres, all of which acreage shall be owned by, or under
the control through leases of at least seventy-five years
duration, options, or contracts to purchase, of the developer, if
the developer is a private entity. Such acreage shall be
developable as one functionally interrelated community. In the
case of a new community authority established on or after the
effective date of this amendment and before January 1, 2012, such
leases may be of not less than forty years' duration, and the
acreage may be developable so that the community is one
functionally interrelated community.
(4) A statement setting forth the zoning regulations proposed
for zoning the area within the boundaries of the new community
district for comprehensive development as a new community, and if
the area has been zoned for such development, a certified copy of
the applicable zoning regulations therefor;
(5) A current plan indicating the proposed development
program for the new community district, the land acquisition and
land development activities, community facilities, and services
which it is proposed to be undertaken by the new community
authority will undertake under such program and, the proposed
method of financing such activities and services, including a
description of the bases, timing, and manner of collecting any
proposed community development charges, and the projected total
residential population of, and employment within, the new
community;
(6) A suggested number of members, consistent with section
349.04 of the Revised Code, for the board of trustees;
(7) A preliminary economic feasibility analysis, including
the area development pattern and demand, location and proposed new
community district size, present and future socio-economic
conditions, public services provision, financial plan, and the
developer's management capability;
(8) A statement that the development will comply with all
applicable environmental laws and regulations.
Upon the filing of such petition, the organizational board of
commissioners shall determine whether such petition complies with
the requirements of this section as to form and substance. The
board in subsequent proceedings may at any time permit the
petition to be amended in form and substance to conform to the
facts by correcting any errors in the description of the proposed
new community district or in any other particular.
Upon the determination of the organizational board of
commissioners that a sufficient petition has been filed in
accordance with this section, the board shall fix the time and
place of a hearing on the petition for the establishment of the
proposed new community authority. Such hearing shall be held not
less than ninety-five nor more than one hundred fifteen days after
the petition filing date, except that if the petition has been
signed by all proximate cities, such hearing shall be held not
less than thirty nor more than forty-five days after the petition
filing date. The clerk of the board of county commissioners with
which the petition was filed shall give notice thereof by
publication once each week for three consecutive weeks in a
newspaper of general circulation in any county of which a portion
is within the proposed new community district. Such clerk shall
also give written notice of the date, time, and place of the
hearing and furnish a certified copy of the petition to the clerk
of the legislative authority of each proximate city which has not
signed such petition. In the event that the legislative authority
of a proximate city which did not sign the petition does not
approve by ordinance, resolution, or motion the establishment of
the proposed new community authority and does not deliver such
ordinance, resolution, or motion to the clerk of the board of
county commissioners with which the petition was filed within
ninety days following the date of the first publication of the
notice of the public hearing, the organizational board of
commissioners shall cancel such public hearing and terminate the
proceedings for the establishment of the new community authority.
Upon the hearing, if the organizational board of
commissioners determines by resolution that the proposed new
community district will be conducive to the public health, safety,
convenience, and welfare, and is intended to result in the
development of a new community, the board shall by its resolution,
entered of record in its journal and the journal of the board of
county commissioners with which the petition was filed, declare
the new community authority to be organized and a body politic and
corporate with the corporate name designated in the resolution,
and define the boundary of the new community district. In
addition, the resolution shall provide the method of selecting the
board of trustees of the new community authority and fix the
surety for their bonds in accordance with section 349.04 of the
Revised Code.
If the organizational board of commissioners finds that the
establishment of the district will not be conducive to the public
health, safety, convenience, or welfare, or is not intended to
result in the development of a new community, it shall reject the
petition thereby terminating the proceedings for the establishment
of the new community authority.
(B) At any time after the creation of a new community
authority, the developer may file an application with the clerk of
the board of county commissioners of the county in which the
original petition was filed, setting forth a general description
of territory it desires to add or to delete from such district,
that such change will be conducive to the public health, safety,
convenience, and welfare, and will be consistent with the
development of a new community and will not jeopardize the plan of
the new community. If the developer is not a municipal
corporation, port authority, or county, all of such an addition to
such a district shall be owned by, or under the control through
leases of at least seventy-five years duration, options, or
contracts to purchase, of the developer. In the case of a new
community authority established on or after the effective date of
this amendment and before January 1, 2012, such leases may be of
not less than forty years' duration. Upon the filing of the
application, the organizational board of commissioners shall
follow the same procedure as required by this section in relation
to the petition for the establishment of the proposed new
community.
(C) If all or any part of the new community district is
annexed to one or more existing municipal corporations, their
legislative authorities may appoint persons to replace any
appointed citizen member of the board of trustees. The number of
such trustees to be replaced by the municipal corporation shall be
the number, rounded to the lowest integer, bearing the
proportionate relationship to the number of existing appointed
citizen members as the acreage of the new community district
within such municipal corporation bears to the total acreage of
the new community district. If any such municipal corporation
chooses to replace an appointed citizen member, it shall do so by
ordinance, the term of the trustee being replaced shall terminate
thirty days from the date of passage of such ordinance, and the
trustee to be replaced shall be determined by lot. Each newly
appointed member shall assume the term of his the member's
predecessor.
Sec. 349.04. The following method of selecting a board of
trustees is deemed to be a compelling state interest. Within ten
days after the new community authority has been established, as
provided in section 349.03 of the Revised Code, an initial board
of trustees shall be appointed as follows; the organizational
board of commissioners shall appoint by resolution at least three,
but not more than six, citizen members of the board of trustees to
represent the interests of present and future residents of the new
community district and one member to serve as a representative of
local government, and the developer shall appoint a number of
members equal to the number of citizen members to serve as
representatives of the developer. Members
In the case of a new
community authority established on or after the effective date of
this amendment and before January 1, 2012, the citizen members may
represent present and future employers within the new community
district and any present or future residents of the district.
Members shall serve two-year overlapping terms, with two of
each of the initial citizen and developer members appointed to
serve initial one year terms. The organizational board of
commissioners shall by further resolution adopted within one year
of such resolution establishing such initial board of trustees
adopt a method for selection of successor members thereof which
determines the projected total population of the projected new
community and meets the following criteria:
(A) The appointed citizen members shall be replaced by
elected citizen members according to a schedule established by the
organizational board of commissioners calculated to achieve one
such replacement each time the new community district gains a
proportion, having a numerator of one and a denominator of twice
the number of citizen members, of its projected total population
until such time as all of the appointed citizen members are
replaced.
(B) Representatives of the developer shall be replaced by
elected citizen members according to a schedule established by the
organizational board of commissioners calculated to achieve one
such replacement each time the new community district gains a
proportion, having a numerator of one and a denominator equal to
the number of developer members, of its projected total population
until such time as all of the developer's representatives are
replaced.
(C) The representative of local government shall be replaced
by an elected citizen member at the time the new community
district gains three-quarters of its projected total population.
Elected citizen members of the board of trustees shall be
elected by a majority of the residents of the new community
district voting at elections held on the first Tuesday after the
first Monday in December of each year. Each citizen member except
an appointed citizen member shall be a qualified elector who
resides within the new community district. Citizen In the case of
a new community authority established on or after the effective
date of this amendment and before January 1, 2012, the
organizational board of directors, by resolution, may adopt an
alternative method of selection of successor members of the board
of trustees. If the alternative method provides for the election
of citizen members, the elections may be held at the times and in
the manner provided in a resolution of the organizational board of
commissioners, and the elected citizen members shall be qualified
electors who resides in the new community district.
Citizen members shall not be employees of or have financial
interest in the developer. If a vacancy occurs in the office of a
member other than a member appointed by the developer, the
organizational board of commissioners may appoint a successor
member for the remainder of the unexpired term. Any appointed
member of the board of trustees may at any time be removed by the
organizational board of commissioners for misfeasance,
nonfeasance, or malfeasance in office. Members appointed by the
developer may also at any time be removed by the developer without
a showing of cause.
Each member of the board of trustees, before entering upon
his official duties, shall take and subscribe to an oath before an
officer authorized to administer oaths in Ohio that he the member
will honestly and faithfully perform the duties of his the
member's office. Such oath shall be filed in the office of the
clerk of the board of county commissioners in which the petition
was filed. Upon taking the oath, the board of trustees shall elect
one of its number as chairman chairperson and another as
vice-chairman vice-chairperson, and shall appoint suitable persons
as secretary and treasurer who need not be members of the board.
The treasurer shall be the fiscal officer of the authority. The
board shall adopt by-laws governing the administration of the
affairs of the new community authority. Each member of the board
shall post a bond for the faithful performance of his official
duties and give surety therefor in such amount, but not less than
ten thousand dollars, as the resolution creating such board shall
prescribe.
All of the powers of the new community authority shall be
exercised by its board of trustees, but without relief of such
responsibility, such powers may be delegated to committees of the
board or its officers and employees in accordance with its
by-laws. A majority of the board shall constitute a quorum, and a
concurrence of a majority of a quorum in any matter within the
board's duties is sufficient for its determination, provided a
quorum is present when such concurrence is had and a majority of
those members constituting such quorum are trustees not appointed
by the developer. All trustees shall be empowered to vote on all
matters within the authority of the board of trustees, and no vote
by a member appointed by the developer shall be construed to give
rise to civil or criminal liability for conflict of interest on
the part of public officials.
Sec. 349.06. In furtherance of the purposes of this chapter,
a new community authority may:
(A) Acquire by purchase, lease, gift, or otherwise, on such
terms and in such manner as it considers proper, real and personal
property or any estate, interest, or right therein, within or
without the new community district;
(B) Improve, maintain, sell, lease or otherwise dispose of
real and personal property and community facilities, on such terms
and in such manner as it considers proper;
(C) Landscape and otherwise aesthetically improve areas
within the new community district, including but not limited to
maintenance, landscaping and other community improvement services;
(D) Provide, engage in, or otherwise sponsor recreational,
educational, health, social, vocational, cultural, beautification,
and amusement activities and related services primarily for
residents of the district;. In the case of a new community
authority established on or after the effective date of this
amendment and before January 1, 2012, such activities and services
may be for residents of, visitors to, employees working within, or
employers operating businesses in the district, or any combination
thereof.
(E) Fix, alter, impose, collect and receive service and user
fees, rentals, and other charges to cover all costs in carrying
out the new community development program;
(F) Adopt, modify, and enforce reasonable rules and
regulations governing the use of community facilities;
(G) Employ such managers, administrative officers, agents,
engineers, architects, attorneys, contractors, sub-contractors,
and employees as may be appropriate in the exercise of the rights,
powers and duties conferred upon it, prescribe the duties and
compensation for such persons, require bonds to be given by any
such persons and by officers of the authority for the faithful
performance of their duties, and fix the amount and surety
therefor; and pay the same;
(H) Sue and be sued in its corporate name;
(I) Make and enter into all contracts and agreements and
execute all instruments relating to a new community development
program, including contracts with the developer and other persons
or entities related thereto for land acquisition and land
development; acquisition, construction, and maintenance of
community facilities; the provision of community services and
management and coordinating services; with federal, state,
interstate, regional, and local agencies and political
subdivisions or combinations thereof in connection with the
financing of such program, and with any municipal corporation or
other public body, or combination thereof, providing for the
acquisition, construction, improvement, extension, maintenance or
operation of joint lands or facilities or for the provision of any
services or activities relating to and in furtherance of a new
community development program, including the creation of or
participation in a regional transit authority created pursuant to
the Revised Code;
(J) Apply for and accept grants, loans or commitments of
guarantee or insurance including any guarantees of community
authority bonds and notes, from the United States, the state, or
other public body or other sources, and provide any consideration
which may be required in order to obtain such grants, loans or
contracts of guarantee or insurance. Such loans or contracts of
guarantee or insurance may be evidenced by the issuance of bonds
as provided in section 349.08 of the Revised Code;
(K) Procure insurance against loss to it by reason of damage
to its properties resulting from fire, theft, accident, or other
casualties, or by reason of its liability for any damages to
persons or property occurring in the construction or operation of
facilities or areas under its jurisdiction or the conduct of its
activities;
(L) Maintain such funds or reserves as it considers necessary
for the efficient performance of its duties;
(M) Enter agreements with the boards of education of any
school districts in which all or part of the new community
district lies, whereby the community authority may acquire
property for, may construct and equip, and may sell, lease,
dedicate, with or without consideration, or otherwise transfer
lands, schools, classrooms, or other facilities, whether or not
within the new community district, from the authority to the
school district for school and related purposes;
(N) Prepare plans for acquisition and development of lands
and facilities, and enter into agreements with city, county, or
regional planning commissions to perform or obtain all or any part
of planning services for the new community district;
(O) Engage in planning for the new community district, which
may be predominantly residential and open space, and prepare or
approve a development plan or plans therefor, and engage in land
acquisitions and land development in accordance with such plan or
plans;
(P) Issue new community authority bonds and notes and
community authority refunding bonds, payable solely from the
income source provided in section 349.08 of the Revised Code,
unless the bonds are refunded by refunding bonds, for the purpose
of paying any part of the cost as applied to the new community
development program or parts thereof;
(Q) Enforce any covenants running with the land of which the
new community authority is the beneficiary, including but not
limited to the collection by any and all appropriate means of any
community improvement development charge deemed to be a covenant
running with the land and enforceable by the new community
authority pursuant to section 349.07 of the Revised Code; and to
waive, reduce, or terminate any community development charge of
which it is the beneficiary to the extent not needed for any of
the purposes provided in section 349.07 of the Revised Code, the
procedure for which shall be provided in such covenants, and if
new community authority bonds have been issued pledging any such
community
improvement development charge, to the extent not
prohibited in the resolution authorizing the issuance of such new
community authority bonds or the trust agreement or indenture of
mortgage securing the bonds;
(R) Appropriate for its use, under sections 163.01 to 163.22
of the Revised Code, any land, easement, rights, rights-of-way,
franchises, or other property in the new community district
required by the authority for community facilities. The authority
may not so appropriate any land, easement, rights, rights-of-way,
franchises, or other property that is not included in the new
community district.
(S) In the case of a new community authority established on
or after the effective date of this amendment and before January
1, 2012, enter into any agreements as may be necessary,
appropriate, or useful to support a new community development
program, including, but not limited to, cooperative agreements or
other agreements with political subdivisions for services,
materials, or products; for the administration, calculation, or
collection of community development charges; or for sharing of
revenue derived from community development charges, community
facilities, or other sources. The agreements may be made with or
without consideration as the parties determine.
Sec. 349.14. Except as provided in section 349.03 of the
Revised Code, or as otherwise provided in a resolution adopted by
the organizational board of commissioners, of a new community
authority established on or after the effective date of this
amendment and before January 1, 2012, a new community authority
organized under this chapter may be dissolved only on the vote of
a majority of the voters of the new community district at a
special election called by the board of trustees on the question
of dissolution. Such an election may be called only after the
board has determined that the new community development program
has been completed, when no community authority bonds or notes are
outstanding, and other legal indebtedness of the authority has
been discharged or provided for, and only after there has been
filed with the board of trustees a petition requesting such
election, signed by a number of qualified electors residing in the
new community district equal to not less than eight per cent of
the total vote cast for all candidates for governor in the new
community district at the most recent general election at which a
governor was elected. If a majority of the votes cast favor
dissolution, the board of trustees shall, by resolution, declare
the authority dissolved and thereupon the community authority
shall be dissolved. A certified copy of the resolution shall,
within fifteen days after its adoption, be filed with the clerk of
the board of county commissioners of the county in which the
petition for the organization of the new community authority was
filed.
Upon dissolution of a new community authority, the powers
thereof shall cease to exist. Any property of the new community
authority which is located within the corporate limits of a
municipality shall vest in that municipal corporation and all
other property of the community authority shall vest in the county
in which said property is located. Any funds of the community
authority at the time of dissolution shall be transferred to the
municipal corporation and county in which the new community
district is located in the proportion to the assessed valuation of
taxable real property of the new community authority within such
municipal corporation and county as said valuation appears on the
current assessment rolls.
Sec. 1724.02. In furtherance of the purposes set forth in
section 1724.01 of the Revised Code, a community improvement
corporation shall have the following powers:
(A)(1) To borrow money for any of the purposes of the
community improvement corporation by means of loans, lines of
credit, or any other financial instruments or securities,
including the issuance of its bonds, debentures, notes, or other
evidences of indebtedness, whether secured or unsecured, and to
secure the same by mortgage, pledge, deed of trust, or other lien
on its property, franchises, rights, and privileges of every kind
and nature or any part thereof or interest therein; and
(2) If the community improvement corporation is a county land
reutilization corporation, the corporation may request, by
resolution:
(a) That the board of county commissioners of the county
served by the corporation pledge a specifically identified source
or sources of revenue pursuant to division (C) of section 307.78
of the Revised Code as security for such borrowing by the
corporation; and
(b)(i) If the land subject to reutilization is located within
an unincorporated area of the county, that the board of county
commissioners issue notes under section 307.082 of the Revised
Code for the purpose of constructing public infrastructure
improvements and take other actions as the board determines are in
the interest of the county and are authorized under sections
5709.78 to 5709.81 of the Revised Code or bonds or notes under
section 5709.81 of the Revised Code for the refunding purposes set
forth in that section; or
(ii) If the land subject to reutilization is located within
the corporate boundaries of a municipal corporation, that the
municipal corporation issue bonds for the purpose of constructing
public infrastructure improvements and take such other actions as
the municipal corporation determines are in its interest and are
authorized under sections 5709.40 to 5709.43 of the Revised Code.
(B) To make loans to any person, firm, partnership,
corporation, joint stock company, association, or trust, and to
establish and regulate the terms and conditions with respect to
any such loans; provided that an economic development corporation
shall not approve any application for a loan unless and until the
person applying for said loan shows that the person has applied
for the loan through ordinary banking or commercial channels and
that the loan has been refused by at least one bank or other
financial institution. Nothing in this division shall preclude a
county land reutilization corporation from making revolving loans
to community development corporations, private entities, or groups
any person for the purposes contained in the corporation's plan
under section 1724.10 of the Revised Code.
(C) To purchase, receive, hold, manage, lease,
lease-purchase, or otherwise acquire and to sell, convey,
transfer, lease, sublease, or otherwise dispose of real and
personal property, together with such rights and privileges as may
be incidental and appurtenant thereto and the use thereof,
including but not restricted to, any real or personal property
acquired by the community improvement corporation from time to
time in the satisfaction of debts or enforcement of obligations,
and to enter into contracts with third parties, including the
federal government, the state, any political subdivision, or any
other entity. A county land reutilization corporation shall not
acquire an interest in real property if such acquisition causes
the percentage of unoccupied real property held by the corporation
to become less than seventy-five per cent of all real property
held by the corporation for reutilization, reclamation, or
rehabilitation. For the purposes of this division, "unoccupied"
has the same meaning as in section 323.65 of the Revised Code.
(D) To acquire the good will, business, rights, real and
personal property, and other assets, or any part thereof, or
interest therein, of any persons, firms, partnerships,
corporations, joint stock companies, associations, or trusts, and
to assume, undertake, or pay the obligations, debts, and
liabilities of any such person, firm, partnership, corporation,
joint stock company, association, or trust; to acquire, reclaim,
manage, or contract for the management of improved or unimproved
and underutilized real estate for the purpose of constructing
industrial plants, other business establishments, or housing
thereon, or causing the same to occur, for the purpose of
assembling and enhancing utilization of the real estate, or for
the purpose of disposing of such real estate to others in whole or
in part for the construction of industrial plants, other business
establishments, or housing; and to acquire, reclaim, manage,
contract for the management of, construct or reconstruct, alter,
repair, maintain, operate, sell, convey, transfer, lease,
sublease, or otherwise dispose of industrial plants, business
establishments, or housing.
(E) To acquire, subscribe for, own, hold, sell, assign,
transfer, mortgage, pledge, or otherwise dispose of the stock,
shares, bonds, debentures, notes, or other securities and
evidences of interest in, or indebtedness of, any person, firm,
corporation, joint stock company, association, or trust, and while
the owner or holder thereof, to exercise all the rights, powers,
and privileges of ownership, including the right to vote therein,
provided that no tax revenue, if any, received by a community
improvement corporation shall be used for such acquisition or
subscription.
(F) To mortgage, pledge, or otherwise encumber any property
acquired pursuant to the powers contained in divisions (C), (D),
or (E) of this section.
(G) Nothing in this section shall limit the right of a
community improvement corporation to become a member of or a
stockholder in a corporation formed under Chapter 1726. of the
Revised Code.
(H) To serve as an agent for grant applications and for the
administration of grants, or to make applications as principal for
grants for county land reutilization corporations.
(I) To exercise the powers enumerated under Chapter 5722. of
the Revised Code on behalf of a county that organizes or contracts
with a county land reutilization corporation.
(J) To engage in code enforcement and nuisance abatement,
including, but not limited to, cutting grass and weeds, boarding
up vacant or abandoned structures, and demolishing condemned
structures on properties that are subject to a delinquent tax or
assessment lien, or property for which a municipal corporation or
township has contracted with a county land reutilization
corporation to provide code enforcement or nuisance abatement
assistance.
(K) To charge fees or exchange in-kind goods or services for
services rendered to political subdivisions and other persons or
entities for whom services are rendered.
(L) To employ and provide compensation for an executive
director who shall manage the operations of a county land
reutilization corporation and employ others for the benefit of the
corporation as approved and funded by the board of directors. No
employee of the corporation is or shall be deemed to be an
employee of the political subdivision for whose benefit the
corporation is organized solely because the employee is employed
by the corporation;
(M) To purchase tax certificates at auction, negotiated sale,
or from a third party who purchased and is a holder of one or more
tax certificates issued pursuant to sections 5721.30 to 5721.43 of
the Revised Code;
(N) To be assigned a mortgage on real property from a
mortgagee in lieu of acquiring such real property subject to a
mortgage.
(O) To do all acts and things necessary or convenient to
carry out the purposes of section 1724.01 of the Revised Code and
the powers especially created for a community improvement
corporation in Chapter 1724. of the Revised Code, including, but
not limited to, contracting with the federal government, the state
or any political subdivision, and any other party, whether
nonprofit or for-profit.
The powers enumerated in this chapter shall not be construed
to limit the general powers of a community improvement
corporation. The powers granted under this chapter are in addition
to those powers granted by any other chapter of the Revised Code,
but, as to a county land reutilization corporation, shall be used
only for the purposes enumerated under division (B)(2) of section
1724.01 of the Revised Code.
Sec. 1724.03. (A) After the articles of incorporation have
been filed, and at the first meeting of the board of directors of
a county land reutilization corporation, the board shall adopt
regulations for the government of the corporation, the conduct of
its affairs, and the management of its property, consistent with
law and the articles. The content of the regulations shall be
governed by section 1702.11 of the Revised Code to the extent not
inconsistent with this chapter.
(B) The board of directors of a county land reutilization
corporation shall be composed of at least five, seven, or nine
members, including the county treasurer, at least two of the
members of the board of county commissioners, one representative
of the largest municipal corporation, based on the population
according to the most recent federal decennial census, that is
located in the county, one representative of a township with a
population of at least ten thousand in the unincorporated area of
the township according to the most recent federal decennial
census, if such a township exists in the county, and two any
remaining members selected by the treasurer and the county
commissioners who are members of the corporation's board and
approved by a majority of the chief executive officers of all
municipal corporations the majority of the territory of which is
located in the county. The treasurer and county commissioners who
are members of the board of directors shall establish the process
by which such approval shall be obtained. The failure, refusal, or
inability of any chief executive officer to respond in writing to
any request for approval of the members selected by the treasurer
and county commissioners within fourteen days shall be deemed an
approval by the chief executive officer. Any such failure,
refusal, or inability to respond shall not prevent the corporation
from exercising its powers and authority under this chapter. At
least one board member shall have private sector or nonprofit
experience in rehabilitation or real estate acquisitions. A county
treasurer and the county commissioners each may appoint a
representative, as a director of the corporation, to act for the
officer at any of the meetings of the corporation. Except as may
otherwise be authorized by the regulations of the corporation, all
members of the board of directors shall serve without
compensation, but shall be reimbursed for actual and necessary
expenses.
Sec. 1724.04. A county having a population of more than one
million two hundred thousand sixty thousand as of the most recent
decennial census that elects under section 5722.02 of the Revised
Code to adopt and implement the procedures set forth in sections
5722.02 to 5722.15 of the Revised Code may organize a county land
reutilization corporation under this chapter and Chapter 1702. of
the Revised Code for the purpose of exercising the powers granted
to a county under Chapter 5722. of the Revised Code. The county
treasurer of the county for the benefit of which the corporation
is being organized shall be the incorporator of the county land
reutilization corporation. The form of the articles of
incorporation of the corporation shall be approved by resolution
of the board of county commissioners of the county.
When the articles of incorporation of any community
improvement corporation, or any amendment, amended articles,
merger, or consolidation which provides for the creation of such a
corporation, are deposited for filing and recording in the office
of the secretary of state, the secretary of state shall submit
them to the attorney general for examination. If such articles,
amendment, amended articles, merger, or consolidation, are found
by the attorney general to be in accordance with Chapter 1724. of
the Revised Code, and not inconsistent with the constitution and
laws of the United States and of this state, the attorney general
shall endorse thereon the attorney general's approval and deliver
them to the secretary of state, who shall file and record them
pursuant to section 1702.07 of the Revised Code.
Sec. 1724.05. Each community improvement corporation shall
prepare an annual financial report that conforms to rules
prescribed by the auditor of state pursuant to section 117.20 of
the Revised Code, that is prepared according to generally accepted
accounting principles, and that is certified by the board of
directors of the corporation or its treasurer or other chief
fiscal officer to the best knowledge and belief of those persons
certifying the report. The financial report shall be filed with
the auditor of state within one hundred twenty days following the
last day of the corporation's fiscal year, unless the auditor of
state extends that deadline. The auditor of state may establish
terms and conditions for granting any extension of that deadline.
The financial report shall be published on the corporation's web
site, or if the corporation does not have a web site, on the web
site of the county in which the corporation is located.
Each community improvement corporation shall submit to audits
by the auditor of state, the scope and frequency of which shall be
in accordance with section 117.11 of the Revised Code as if the
corporation were a public office subject to that section. However,
a community improvement corporation may request in accordance with
section 115.56 of the Revised Code, as if the corporation were a
public office subject to that section, the performance of any of
those audits by an independent certified public accountant or firm
of certified public accountants.
The auditor of state is authorized to receive and file the
annual financial reports required by this section and the reports
of all audits performed in accordance with this section. The
auditor of state shall analyze those annual financial reports and
the reports of those audits to determine whether the activities of
a community improvement corporation involved are in accordance
with this chapter.
Sec. 5705.19. This section does not apply to school
districts or county school financing districts.
The taxing authority of any subdivision at any time and in
any year, by vote of two-thirds of all the members of the taxing
authority, may declare by resolution and certify the resolution to
the board of elections not less than seventy-five days before the
election upon which it will be voted that the amount of taxes that
may be raised within the ten-mill limitation will be insufficient
to provide for the necessary requirements of the subdivision and
that it is necessary to levy a tax in excess of that limitation
for any of the following purposes:
(A) For current expenses of the subdivision, except that the
total levy for current expenses of a detention facility district
or district organized under section 2151.65 of the Revised Code
shall not exceed two mills and that the total levy for current
expenses of a combined district organized under sections 2151.65
and 2152.41 of the Revised Code shall not exceed four mills;
(B) For the payment of debt charges on certain described
bonds, notes, or certificates of indebtedness of the subdivision
issued subsequent to January 1, 1925;
(C) For the debt charges on all bonds, notes, and
certificates of indebtedness issued and authorized to be issued
prior to January 1, 1925;
(D) For a public library of, or supported by, the subdivision
under whatever law organized or authorized to be supported;
(E) For a municipal university, not to exceed two mills over
the limitation of one mill prescribed in section 3349.13 of the
Revised Code;
(F) For the construction or acquisition of any specific
permanent improvement or class of improvements that the taxing
authority of the subdivision may include in a single bond issue;
(G) For the general construction, reconstruction,
resurfacing, and repair of streets, roads, and bridges in
municipal corporations, counties, or townships;
(H) For parks and recreational purposes;
(I) For the purpose of providing and maintaining fire
apparatus, appliances, buildings, or sites therefor, or sources of
water supply and materials therefor, or the establishment and
maintenance of lines of fire alarm telegraph, or the payment of
permanent, part-time, or volunteer firefighters or firefighting
companies to operate the same, including the payment of the
firefighter employers' contribution required under section 742.34
of the Revised Code, or the purchase of ambulance equipment, or
the provision of ambulance, paramedic, or other emergency medical
services operated by a fire department or firefighting company;
(J) For the purpose of providing and maintaining motor
vehicles, communications, other equipment, buildings, and sites
for such buildings used directly in the operation of a police
department, or the payment of salaries of permanent police
personnel, including the payment of the police officer employers'
contribution required under section 742.33 of the Revised Code, or
the payment of the costs incurred by townships as a result of
contracts made with other political subdivisions in order to
obtain police protection, or the provision of ambulance or
emergency medical services operated by a police department;
(K) For the maintenance and operation of a county home or
detention facility;
(L) For community mental retardation and developmental
disabilities programs and services pursuant to Chapter 5126. of
the Revised Code, except that the procedure for such levies shall
be as provided in section 5705.222 of the Revised Code;
(M) For regional planning;
(N) For a county's share of the cost of maintaining and
operating schools, district detention facilities, forestry camps,
or other facilities, or any combination thereof, established under
section 2151.65 or 2152.41 of the Revised Code or both of those
sections;
(O) For providing for flood defense, providing and
maintaining a flood wall or pumps, and other purposes to prevent
floods;
(P) For maintaining and operating sewage disposal plants and
facilities;
(Q) For the purpose of purchasing, acquiring, constructing,
enlarging, improving, equipping, repairing, maintaining, or
operating, or any combination of the foregoing, a county transit
system pursuant to sections 306.01 to 306.13 of the Revised Code,
or of making any payment to a board of county commissioners
operating a transit system or a county transit board pursuant to
section 306.06 of the Revised Code;
(R) For the subdivision's share of the cost of acquiring or
constructing any schools, forestry camps, detention facilities, or
other facilities, or any combination thereof, under section
2151.65 or 2152.41 of the Revised Code or both of those sections;
(S) For the prevention, control, and abatement of air
pollution;
(T) For maintaining and operating cemeteries;
(U) For providing ambulance service, emergency medical
service, or both;
(V) For providing for the collection and disposal of garbage
or refuse, including yard waste;
(W) For the payment of the police officer employers'
contribution or the firefighter employers' contribution required
under sections 742.33 and 742.34 of the Revised Code;
(X) For the construction and maintenance of a drainage
improvement pursuant to section 6131.52 of the Revised Code;
(Y) For providing or maintaining senior citizens services or
facilities as authorized by section 307.694, 307.85, 505.70, or
505.706 or division (EE) of section 717.01 of the Revised Code;
(Z) For the provision and maintenance of zoological park
services and facilities as authorized under section 307.76 of the
Revised Code;
(AA) For the maintenance and operation of a free public
museum of art, science, or history;
(BB) For the establishment and operation of a 9-1-1 system,
as defined in section 4931.40 of the Revised Code;
(CC) For the purpose of acquiring, rehabilitating, or
developing rail property or rail service. As used in this
division, "rail property" and "rail service" have the same
meanings as in section 4981.01 of the Revised Code. This division
applies only to a county, township, or municipal corporation.
(DD) For the purpose of acquiring property for, constructing,
operating, and maintaining community centers as provided for in
section 755.16 of the Revised Code;
(EE) For the creation and operation of an office or joint
office of economic development, for any economic development
purpose of the office, and to otherwise provide for the
establishment and operation of a program of economic development
pursuant to sections 307.07 and 307.64 of the Revised Code, or to
the extent that the expenses of a county land reutilization
corporation organized under Chapter 1724. of the Revised Code are
found by the board of county commissioners to constitute the
promotion of economic development, for the payment of such
operations and expenses;
(FF) For the purpose of acquiring, establishing,
constructing, improving, equipping, maintaining, or operating, or
any combination of the foregoing, a township airport, landing
field, or other air navigation facility pursuant to section 505.15
of the Revised Code;
(GG) For the payment of costs incurred by a township as a
result of a contract made with a county pursuant to section
505.263 of the Revised Code in order to pay all or any part of the
cost of constructing, maintaining, repairing, or operating a water
supply improvement;
(HH) For a board of township trustees to acquire, other than
by appropriation, an ownership interest in land, water, or
wetlands, or to restore or maintain land, water, or wetlands in
which the board has an ownership interest, not for purposes of
recreation, but for the purposes of protecting and preserving the
natural, scenic, open, or wooded condition of the land, water, or
wetlands against modification or encroachment resulting from
occupation, development, or other use, which may be styled as
protecting or preserving "greenspace" in the resolution, notice of
election, or ballot form. Except as otherwise provided in this
division, land is not acquired for purposes of recreation, even if
the land is used for recreational purposes, so long as no
building, structure, or fixture used for recreational purposes is
permanently attached or affixed to the land. Except as otherwise
provided in this division, land that previously has been acquired
in a township for these greenspace purposes may subsequently be
used for recreational purposes if the board of township trustees
adopts a resolution approving that use and no building, structure,
or fixture used for recreational purposes is permanently attached
or affixed to the land. The authorization to use greenspace land
for recreational use does not apply to land located in a township
that had a population, at the time it passed its first greenspace
levy, of more than thirty-eight thousand within a county that had
a population, at that time, of at least eight hundred sixty
thousand.
(II) For the support by a county of a crime victim assistance
program that is provided and maintained by a county agency or a
private, nonprofit corporation or association under section 307.62
of the Revised Code;
(JJ) For any or all of the purposes set forth in divisions
(I) and (J) of this section. This division applies only to a
township.
(KK) For a countywide public safety communications system
under section 307.63 of the Revised Code. This division applies
only to counties.
(LL) For the support by a county of criminal justice services
under section 307.45 of the Revised Code;
(MM) For the purpose of maintaining and operating a jail or
other detention facility as defined in section 2921.01 of the
Revised Code;
(NN) For purchasing, maintaining, or improving, or any
combination of the foregoing, real estate on which to hold
agricultural fairs. This division applies only to a county.
(OO) For constructing, rehabilitating, repairing, or
maintaining sidewalks, walkways, trails, bicycle pathways, or
similar improvements, or acquiring ownership interests in land
necessary for the foregoing improvements;
(PP) For both of the purposes set forth in divisions (G) and
(OO) of this section.
(QQ) For both of the purposes set forth in divisions (H) and
(HH) of this section. This division applies only to a township.
(RR) For the legislative authority of a municipal
corporation, board of county commissioners of a county, or board
of township trustees of a township to acquire agricultural
easements, as defined in section 5301.67 of the Revised Code, and
to supervise and enforce the easements.
(SS) For both of the purposes set forth in divisions (BB) and
(KK) of this section. This division applies only to a county.
(TT) For the maintenance and operation of a facility that is
organized in whole or in part to promote the sciences and natural
history under section 307.761 of the Revised Code.
(UU) For the creation and operation of a county land
reutilization corporation and for any programs or activities of
the corporation found by the board of directors of the corporation
to be consistent with the purposes for which the corporation is
organized;
(VV) For construction and maintenance of improvements and
expenses of soil and water conservation district programs under
Chapter 1515. of the Revised Code;
(WW) For the Ohio cooperative extension service fund created
under section 3335.35 of the Revised Code for the purposes
prescribed under section 3335.36 of the Revised Code for the
benefit of the citizens of a county. This division applies only to
a county.
The resolution shall be confined to the purpose or purposes
described in one division of this section, to which the revenue
derived therefrom shall be applied. The existence in any other
division of this section of authority to levy a tax for any part
or all of the same purpose or purposes does not preclude the use
of such revenues for any part of the purpose or purposes of the
division under which the resolution is adopted.
The resolution shall specify the amount of the increase in
rate that it is necessary to levy, the purpose of that increase in
rate, and the number of years during which the increase in rate
shall be in effect, which may or may not include a levy upon the
duplicate of the current year. The number of years may be any
number not exceeding five, except as follows:
(1) When the additional rate is for the payment of debt
charges, the increased rate shall be for the life of the
indebtedness.
(2) When the additional rate is for any of the following, the
increased rate shall be for a continuing period of time:
(a) For the current expenses for a detention facility
district, a district organized under section 2151.65 of the
Revised Code, or a combined district organized under sections
2151.65 and 2152.41 of the Revised Code;
(b) For providing a county's share of the cost of maintaining
and operating schools, district detention facilities, forestry
camps, or other facilities, or any combination thereof,
established under section 2151.65 or 2152.41 of the Revised Code
or under both of those sections.
(3) When the additional rate is for either of the following,
the increased rate may be for a continuing period of time:
(a) For the purposes set forth in division (I), (J), (U), or
(KK) of this section;
(b) For the maintenance and operation of a joint recreation
district.
(4) When the increase is for the purpose or purposes set
forth in division (D), (G), (H), (CC), or (PP) of this section,
the tax levy may be for any specified number of years or for a
continuing period of time, as set forth in the resolution.
(5) When the additional rate is for the purpose described in
division (Z) of this section, the increased rate shall be for any
number of years not exceeding ten.
A levy for one of the purposes set forth in division (G),
(I), (J), or (U) of this section may be reduced pursuant to
section 5705.261 or 5705.31 of the Revised Code. A levy for one of
the purposes set forth in division (G), (I), (J), or (U) of this
section may also be terminated or permanently reduced by the
taxing authority if it adopts a resolution stating that the
continuance of the levy is unnecessary and the levy shall be
terminated or that the millage is excessive and the levy shall be
decreased by a designated amount.
A resolution of a detention facility district, a district
organized under section 2151.65 of the Revised Code, or a combined
district organized under both sections 2151.65 and 2152.41 of the
Revised Code may include both current expenses and other purposes,
provided that the resolution shall apportion the annual rate of
levy between the current expenses and the other purpose or
purposes. The apportionment need not be the same for each year of
the levy, but the respective portions of the rate actually levied
each year for the current expenses and the other purpose or
purposes shall be limited by the apportionment.
Whenever a board of county commissioners, acting either as
the taxing authority of its county or as the taxing authority of a
sewer district or subdistrict created under Chapter 6117. of the
Revised Code, by resolution declares it necessary to levy a tax in
excess of the ten-mill limitation for the purpose of constructing,
improving, or extending sewage disposal plants or sewage systems,
the tax may be in effect for any number of years not exceeding
twenty, and the proceeds of the tax, notwithstanding the general
provisions of this section, may be used to pay debt charges on any
obligations issued and outstanding on behalf of the subdivision
for the purposes enumerated in this paragraph, provided that any
such obligations have been specifically described in the
resolution.
The resolution shall go into immediate effect upon its
passage, and no publication of the resolution is necessary other
than that provided for in the notice of election.
When the electors of a subdivision have approved a tax levy
under this section, the taxing authority of the subdivision may
anticipate a fraction of the proceeds of the levy and issue
anticipation notes in accordance with section 5705.191 or 5705.193
of the Revised Code.
Sec. 5722.22. A county land reutilization corporation shall
is not be liable for damages arising from a, or subject to
equitable remedies, for breach of a common law duty, or for
violation of sections 3737.87 to 3737.891 of the Revised Code or
Chapter 3704., 3734., 3745., 3746., 3750., 3751., 3752., 6101., or
6111. of the Revised Code or any rule adopted or order, permit,
license, variance, or plan approval issued under any of those
chapters that is or was committed by another person in connection
with a parcel of land acquired by the county land reutilization
corporation.
SECTION 2. That existing sections 1.62, 135.35, 323.78,
349.01, 349.03, 349.04, 349.06, 349.14, 1724.02, 1724.03, 1724.04,
1724.05, 5705.19, and 5722.22 of the Revised Code are hereby
repealed.
SECTION 3. (A) The Governor is hereby authorized to execute a
Governor's Deed in the name of the State conveying to Amamata, LLC
(the "Grantee"), and its successors and assigns, all of the
state's right, title, and interest in the following described real
estate:
Situated in Section 26, Township 2, Range 7 of the Miami
River Survey, the City of Dayton, the County of Montgomery, the
State of Ohio, being a 9.6252 acre portion of a 33.5 acre tract as
conveyed to the State of Ohio as recorded in Deed Book 169, Page
585, and being a 14.1731 acre portion of a 21.25 acre tract as
conveyed to the State of Ohio as recorded in Deed Book 169, Page
583, being a 1.1817 acres portion of a 24.36 acre tract of land
conveyed to the Trustees of the Southern Ohio Lunatic Asylum as
recorded in Deed Book N-3, Page 233, being a 0.7258 acre portion
of a 10.544 acre tract as conveyed to the State of Ohio as
recorded in Deed Book 138, Page 125, being all of a parcel as
conveyed to the State of Ohio Department of Public Works for the
Use Of The Department of Public Welfare Dayton State Hospital as
recorded in Deed Book 1326, Page 247, being a part of a 8.500 acre
tract as conveyed to Board of County Commissioners of Montgomery
County of Dayton Ohio, as record in Microfiche 74-217C08, being
all of a 0.77 acre tract as conveyed to the State of Ohio
Department of Mental Health as recorded in Microfiche 01-703A01,
being all of a 4.67 acre tract as conveyed to the State of Ohio as
recorded in Deed Book 1603, Page 323, and being a portion of City
of Dayton Lot Number 61376, 61381, 61378, of the revised and
consecutive numbers of lots on the plat of the City of Dayton and
more particularly bounded and described as follows:
Commencing at a capped 5/8" Iron Pin found stamped "Woolpert"
at the Southeast corner of a 2.881 acre tract being Parcel 2 of
the Wilmington Woods Plat as recorded in Plat Book 134, Page 3-3A;
Thence with the east line of a 8.338 acre parcel as conveyed
to Barry K. Humphreys as recorded in Microfiche 01-0590A04, and
the west line of a 24.36 acre tract of land conveyed to the
Trustees of the Southern Ohio Lunatic Asylum as recorded in Deed
Book N-3, Page 233, South 0°32'15" West a distance of 108.09 feet
to a capped 5/8" Iron Pin found stamped "LJB".
Thence with the east line of the said 8.338 acre tract, and
the north line of a 2.36 acre tract as conveyed to the State of
Ohio as record in Deed Book U-2, Page 40, South 49°49'38" West,
275.99 feet to a 5/8" Iron Pin set.
Thence with the east line of the said 8.338 acre tract, and
the west line of the said 2.36 acre tract, the east line of a
11.579 acre tract as conveyed to Hospice of Dayton as recorded in
Microfiche 94-0448C08, the west line of a 10.544 acre parcel as
conveyed to the State of Ohio as record in Deed Book 138, Page
125, South 3°24'08" East, 956.68 feet to a 5/8" Iron Pin set and
being the True Point of Beginning for the herein described 39.524
Acre tract.
Thence with the south line of the said 1.544 acre tract South
88°52'07" East a distance of 808.89 feet to a 5/8" Iron Pin set.
Thence across said 10.544 acre tract and across said 24.07
acre tract North 1°07'00" East a distance of 1013.05 feet to a
5/8" Iron Pin set.
Thence across said 24.07 acre tract and with the north line
of a 21.25 acre tract as conveyed to the State of Ohio as recorded
in Deed Book 169, Page 583, South 89°15'53" East a distance of
507. 35 feet to a 5/8" Iron Pin set at the northeast corner of the
said 21.25 acre tract.
Thence with the west line of a 33.5 acre parcel as conveyed
to the State of Ohio as recorded in Deed Book 169, Page 585, South
1°07'55" West a distance of 141.74 feet to a 5/8" Iron Pin set.
Thence across said 33.5 acre tract South 89°11'12" East a
distance of 468.08 feet to a 5/8" Iron Pin set
Thence across said 33.5 acre tract South 0°48'28" West a
distance of 253.08 feet to a 5/8" Iron Pin set.
Thence with the north line of a 4.67 acre parcel as conveyed
to The Board of Education of The Dayton City School District as
recorded in Deed Book 1605, Page 39, North 89°24'38" West a
distance of 192.40 feet to a 5/8" Iron Pin set.
Thence with the west line of the said 4.67 acre parcel South
0°48'28" West, a distance of 1351.49 feet to the north east corner
of a parcel conveyed to The City of Dayton by deed of record in
Deed Book 1071, Page 529, to a point.
Thence with the north line of the said City of Dayton parcel
North 87°57'48" West a distance of 709.72 feet to the northwest
corner of said tract.
Thence with the west line of the said City of Dayton parcel
South 1°07'00" West a distance of 131.13 feet to the northeast
corner of Henry Manning Plat Section Two Subdivision, and the
south east corner of a 8.500 acre parcel as conveyed to Board of
County Commissioners of Montgomery County of Dayton Ohio as
recorded in Microfiche 74-217C08.
Thence with the northerly line of the said subdivision, and
the southerly line of the said 8.500 acre parcel North 89°20'46"
West a distance of 498.09 feet to a point.
Thence across the south line of the said 8.500 acre parcel
North 0°38'54" West a distance of 30.30 feet to a ¾" Pipe found.
Thence across the south line of the said 8.500 acre parcel
South 89°12'17" East a distance of 205.07 feet to a point.
Thence across the south line of the said 8.500 acre parcel
North 77°59'30" East a distance of 220.73 feet to a point.
Thence across the south line of the said 8.500 acre parcel
North 0°57'00" East a distance of 417.54 Feet to a point on the
north line of the said 8.500 acre parcel.
Thence with the north line of the said 8.500 acre parcel
North 89°05'05" West a distance of 881.17 feet to the northwest
corner of the said 8.500 acre parcel.
Thence with the west line of the said 8.500 acre parcel the
east line of a 0.77 acre parcel as conveyed to the State of Ohio
Department of Mental Health as recorded in Microfiche 01-703A01,
South 1°00'10" West a distance of 108.00 feet to a point.
Thence with the south line of the said 0.77 acre parcel and
with a curve to the left bearing South 78°35'40" West a chord
distance of 133.98 feet, a radius of 310.58 feet , and an arc
length of 133.98 feet, to a point on the right-of-way of Irving
Avenue.
Thence along Irving Avenue North 40°57'51" West a distance of
80.29 feet to a point.
Thence along Irving Avenue with a curve to the left bearing
North 1°34'43" East a chord distance of 105.02 feet, a radius of
185.36 feet, and a arc length of 106.48 feet to a point.
Thence along the south line of a 11.579 acre parcel as
conveyed to Hospice of Dayton as recorded in Microfiche
94-0448C08, North 75°56'29" East a distance of 80.44 feet to a
5/8" capped Iron Pin found stamped "LJB".
Thence along the south line of a 11.579 acre parcel as
conveyed to Hospice of Dayton as recorded in Microfiche
94-0448C08, North 2°07'59" East a distance of 53.05 feet to a 5/8"
capped Iron Pin found stamped "LJB".
Thence along the south line of a 11.579 acre parcel as
conveyed to Hospice of Dayton as recorded in Microfiche
94-0448C08, North 87°45'10" East a distance of 176.85 feet to a
point.
Thence along the east line of the said 11.579 acre parcel
North 3°24'08" West a distance of 282.14 feet to the True Point of
Beginning, containing 39.5238 acres more or less. Subject to all
easements, agreements and right of ways of record.
The basis of bearings for this description is the easterly
line of Parcel 2, South 0°32'15" West, as recorded in the
Wilmington Woods Plat as recorded in Plat Book 134, page 3A.
All iron pins set in the above boundary description are 5/8"
(O.D.) 30" long with a plastic cap stamped "LJB".
The above description was prepared by the State of Ohio
Department of Administrative Services, General Services Division,
Department of Real Estate and Planning and based on a survey made
by LJB Inc., project number SV22969.
This description may be modified to a final form if
modifications are needed.
(B) Consideration for the conveyance of the real estate
described in division (A) of this section shall be One Million
Seven Hundred Thousand and 00/100 Dollars ($1,700,000.00).
(C) The real estate described in division (A) of this section
shall be sold as an entire tract and not in parcels.
(D) Upon payment of the purchase price, the Auditor of State,
with the assistance of the Attorney General, shall prepare a deed
to the real estate described in division (A) of this section. The
deed shall state the consideration and shall be executed by the
Governor in the name of the state, countersigned by the Secretary
of State, sealed with the Great Seal of the State, presented in
the Office of the Auditor of State for recording, and delivered to
the Grantee. The Grantee shall present the deed for recording in
the Office of the Montgomery County Recorder.
(E) The Grantee shall pay all costs associated with the
purchase and conveyance of the real estate described in division
(A) of this section, including recordation costs of the deed.
(F) The proceeds of the conveyance of the real estate
described in division (A) of this section shall be deposited into
the Department of Mental Health Trust Fund created by section
5119.18 of the Revised Code except to the extent that any of the
proceeds are determined to be necessary to retire any bond issued
by the State of Ohio for the facilities located on the real estate
described in division (A) of this section, in which case such
amounts determined necessary to retire such bonds shall be
deposited into the state treasury to the credit of the Mental
Health Facilities Improvement Fund (Fund 033), created by division
(F) of section 154.20 of the Revised Code, to retire such bonds,
and any of the proceeds remaining after payment of all interest,
principal, and charges for the issuance and retirement of the
bonds shall be credited to the Department of Mental Health Trust
Fund.
(G) This section shall expire two years after its effective
date.
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