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H. B. No. 370 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Conditt, Derickson, Duffey
A BILL
To amend sections 349.01, 349.03, 349.04, 349.06, and
349.14 of the Revised Code to make changes to the
New Community Authority Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 349.01, 349.03, 349.04, 349.06, and
349.14 of the Revised Code be amended to read as follows:
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 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 July 7, 2010, 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, including off-street parking facilities, 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
other 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, and 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:
(1) A dollar amount which that 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 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, as of the date of filing of the
petition under section 349.03 of the Revised Code, any municipal
corporation in which any portion of the proposed new community
district is located, or if more than one-half of the proposed new
community district is contained within a joint economic
development district under sections 715.70 to 715.83 of the
Revised Code, "proximate city" means the township containing the
greatest portion of such district. Otherwise, "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 city with the
greatest population located in the county in which the proposed
new community district is located, is the city 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
more than one-half of the proposed new community district is or
was contained within a joint economic development district under
sections 715.70 to 715.83 of the Revised Code or 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 July 7, 2010, 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, services
proposed to be undertaken by the new community authority under
such program, 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, or as
provided in section 7.16 of the Revised Code, 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 July 7, 2010, 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 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 and
employers 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. 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 adopt, 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. In the case of a new
community authority established on or after the effective date of
this amendment and before January 1, 2012, The petition or the
organizational board of directors commissioners, by resolution,
may adopt an alternative method of selection or election 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 the
petition or resolution of the organizational board of
commissioners, and the any elected citizen members shall be
qualified electors who resides reside 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
official duties, shall take and subscribe to an oath before an
officer authorized to administer oaths in Ohio that the member
will honestly and faithfully perform the duties of 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 chairperson and another as 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 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 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
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 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 that 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
or township in which said property is located, as provided in the
resolution or petition providing for dissolution. Any vesting of
property in a township shall be subject to acceptance of the
property by resolution of the board of township trustees. Any
funds of the community authority at the time of dissolution shall
be transferred to the municipal corporation and county or
township, as provided in the resolution or petition providing for
dissolution, 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 or township as said valuation appears on the current
assessment rolls.
Section 2. That existing sections 349.01, 349.03, 349.04,
349.06, and 349.14 of the Revised Code are hereby repealed.
Section 3. The amendments to Chapter 349. of the Revised
Code enacted by this act apply to any proceedings commenced after
the amendments' effective date, and, so far as their provisions
support the actions taken, also apply to proceedings that on their
effective date are pending, in progress, or completed,
notwithstanding the applicable law previously in effect or any
provision to the contrary in a prior resolution, ordinance, order,
advertisement, notice, or other proceeding. Any proceedings
pending or in progress on the effective date of those amendments
shall be deemed to have been taken in conformity with the
amendment.
The authority provided in the amendments to Chapter 349. of
the Revised Code of this act provide additional and supplemental
provisions for the subject matter that may also be the subject of
other laws, and is supplemental to and not in derogation of any
similar authority provided by, derived from, or implied by, the
Ohio Constitution, or any other law, including laws amended by
this act, or any charter, order, resolution, or ordinance, and no
inference shall be drawn to negate the authority thereunder by
reason of express provisions contained in the amendments to
Chapter 349. of the Revised Code enacted by this act.
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