| Section 1. That sections 121.08, 164.07, 166.02, 176.011, | 14 |
| 307.022, 307.671, 307.673, 307.674, 307.696, 351.06, 1311.25, | 15 |
| 1509.071, 1521.26, 1551.33,
1710.02, 1728.07, 3383.07, 4116.01, | 16 |
| 4582.12, 5540.03, and 6117.012 of the Revised Code be
amended to | 17 |
| read as follows: | 18 |
| Sec. 121.08. (A) There is hereby created in the
department | 19 |
|
of commerce the position of deputy director of
administration. | 20 |
|
This officer shall be appointed by the director of commerce,
serve | 21 |
|
under the director's direction,
supervision, and control, perform
| 22 |
| the duties the director
prescribes, and hold office during the | 23 |
|
director's pleasure.
The director of commerce may designate an | 24 |
|
assistant director of
commerce to serve as the deputy director of | 25 |
|
administration. The deputy director of administration shall | 26 |
|
perform the
duties prescribed by the director of commerce
in | 27 |
| supervising the
activities of the division of administration of | 28 |
|
the department of
commerce. | 29 |
| (B) Except as provided in section 121.07 of the Revised
Code, | 30 |
|
the department of commerce shall have all powers and perform
all | 31 |
|
duties vested in the deputy director of administration, the
state | 32 |
| fire
marshal,
the superintendent of financial institutions,
the | 33 |
| superintendent of real
estate and professional licensing, the | 34 |
|
superintendent of liquor control, the superintendent of the | 35 |
|
division of
industrial compliance, the superintendent of labor and | 36 |
|
worker
safety, and the commissioner of
securities, and shall have | 37 |
|
all powers and perform all duties
vested by law in all officers, | 38 |
|
deputies, and employees of those
offices. Except as provided in | 39 |
|
section 121.07 of the Revised
Code, wherever powers are conferred | 40 |
|
or duties imposed upon any of
those officers, the powers and | 41 |
|
duties shall be construed as
vested in the department of commerce. | 42 |
| (2) All provisions of law governing the superintendent of | 52 |
|
financial institutions
shall apply to and govern the | 53 |
|
superintendent of financial institutions
provided
for in this | 54 |
|
section; all authority vested by law in the
superintendent of | 55 |
|
financial institutions with respect to the
management of the | 56 |
|
division of financial institutions shall be construed as vested in | 57 |
|
the
superintendent of financial institutions created by this | 58 |
|
section
with respect to
the division of financial institutions | 59 |
|
provided for in this
section; and all
rights, privileges, and | 60 |
|
emoluments conferred by law upon the
superintendent of financial | 61 |
|
institutions shall be construed as
conferred upon the | 62 |
|
superintendent of financial institutions as head of the division | 63 |
|
of financial institutions. The
director of commerce shall not | 64 |
|
transfer from the division of financial
institutions any of the | 65 |
|
functions specified in division
(C)(2) of this
section. | 66 |
| (F) The director of commerce shall not have any official | 80 |
|
connection
with a savings and
loan association, a savings bank, a | 81 |
|
bank, a bank holding company, a savings
and loan association | 82 |
|
holding company, a consumer finance company, or a credit
union | 83 |
|
that is under the supervision of the division of financial | 84 |
|
institutions, or a subsidiary of any
of the preceding entities, or | 85 |
|
be interested in the business thereof. | 86 |
| (H) There is hereby created in the department of commerce a | 94 |
|
division of real
estate and professional licensing, which shall be | 95 |
|
under the control and
supervision of the director of commerce.
The | 96 |
| division of real estate and
professional licensing shall be | 97 |
|
administered by a superintendent of real
estate and professional | 98 |
|
licensing. The superintendent of real estate and
professional | 99 |
|
licensing shall exercise the powers and perform the functions and | 100 |
|
duties delegated to the superintendent under Chapters
4735., | 101 |
|
4763., and 4767. of the Revised Code. | 102 |
| (I) There is hereby created in the department of commerce a | 103 |
|
division
of labor and worker safety, which shall have all powers | 104 |
|
and perform all
duties vested by law in the superintendent of | 105 |
|
labor and worker safety.
Wherever powers are conferred or duties | 106 |
|
imposed upon the superintendent
of labor and worker safety, those | 107 |
|
powers and duties shall be
construed as vested in the division of | 108 |
|
labor and worker safety.
The division of labor and worker safety
| 109 |
| shall be under the control
and supervision of the director of | 110 |
| commerce
and be administered by a
superintendent of labor and | 111 |
| worker safety.
The superintendent of
labor and worker safety shall | 112 |
| exercise the
powers and perform the
duties delegated to the | 113 |
superintendent by
the director under
Chapters
4109.,
4111.,
4115., | 114 |
| and
4167. of the
Revised Code. | 115 |
| (J) The department of commerce or a division of the | 116 |
| department created by the Revised Code that is acting with | 117 |
| authorization on the department's behalf may request from the | 118 |
| bureau of criminal identification and
investigation pursuant to | 119 |
| section 109.572 of the Revised Code, or
coordinate with | 120 |
| appropriate federal, state, and local government
agencies to | 121 |
| accomplish, criminal records checks for the persons
whose | 122 |
| identities are required to be disclosed by an applicant for
the | 123 |
| issuance or transfer of a permit, license, or certification issued | 124 |
| or transferred by the department or division. At or before
the | 125 |
| time of making a request for a criminal
records check, the | 126 |
|
department or division may require any person whose identity is | 127 |
| required to be
disclosed by an applicant for the issuance or | 128 |
| transfer of
such a license, permit, or certification to submit to | 129 |
|
the department or division valid fingerprint
impressions in a | 130 |
| format and by any
media or means acceptable to
the bureau of | 131 |
| criminal identification
and investigation and, when
applicable, | 132 |
| the federal bureau of
investigation. The department or division | 133 |
| may
cause the bureau of criminal identification and investigation | 134 |
| to
conduct a criminal records check through the federal bureau of | 135 |
|
investigation only if the person for whom the criminal records | 136 |
|
check would be conducted resides or works outside of this state or | 137 |
|
has resided or worked outside of this state during the preceding | 138 |
|
five years, or if a criminal records check conducted by the bureau | 139 |
|
of criminal identification and investigation within this state | 140 |
|
indicates that the person may have a criminal record outside of | 141 |
|
this state. | 142 |
|
In the case of a criminal records check under section
109.572 | 143 |
| of the Revised Code, the department or division shall forward to | 144 |
| the
bureau of criminal identification and investigation the | 145 |
| requisite
form, fingerprint impressions, and fee described in | 146 |
| division (C)
of that section. When requested by the department or | 147 |
| division in accordance
with this section, the bureau of
criminal | 148 |
| identification and
investigation shall request from the
federal | 149 |
| bureau of
investigation any information it has with
respect to the | 150 |
| person
who is the subject of the requested criminal
records check | 151 |
| and
shall forward the requisite fingerprint
impressions and | 152 |
|
information to the federal bureau of investigation
for that | 153 |
|
criminal records check. After conducting a criminal
records check | 154 |
|
or receiving the results of a criminal records check
from the | 155 |
|
federal bureau of investigation, the bureau of criminal | 156 |
|
identification and investigation shall provide the results to the | 157 |
|
department or division. | 158 |
| Sec. 166.02. (A) The general assembly finds that many
local | 177 |
|
areas throughout the state are experiencing economic
stagnation or | 178 |
|
decline, and that the economic development program
provided for
in | 179 |
| sections 166.01 to 166.11 of the Revised Code will
constitute
a | 180 |
| deserved,
necessary reinvestment by the state in
those areas, | 181 |
|
materially
contribute to their economic
revitalization, and
result | 182 |
| in
improving the economic welfare of
all the people of the
state. | 183 |
|
Accordingly, it is declared to be the
public policy of
the state, | 184 |
|
through the operations under
sections 166.01 to 166.11 of the | 185 |
|
Revised Code and
other
applicable laws adopted pursuant to
Section | 186 |
| 13 of Article
VIII,
Ohio Constitution, and other
authority vested | 187 |
| in the general
assembly, to assist in and
facilitate the | 188 |
| establishment or
development of eligible projects
or assist and | 189 |
| cooperate with any
governmental agency in achieving
such purpose. | 190 |
| (1) After
consultation with appropriate governmental | 193 |
|
agencies, enter into
agreements with persons engaged in industry, | 194 |
|
commerce,
distribution, or research and with governmental agencies | 195 |
|
to
induce such persons to acquire, construct, reconstruct, | 196 |
|
rehabilitate, renovate, enlarge, improve, equip, or furnish, or | 197 |
|
otherwise develop, eligible projects and make provision therein | 198 |
|
for project facilities and governmental actions, as authorized by | 199 |
|
this chapter and other applicable laws, subject to any required | 200 |
|
actions by the general assembly or the controlling board and | 201 |
|
subject to applicable local government laws and regulations; | 202 |
| (4) Subject to release thereof by the controlling board,
from | 211 |
| moneys in the facilities establishment fund acquire or
contract to | 212 |
| acquire by gift, exchange, or purchase, including the
obtaining | 213 |
| and exercise of purchase options, property, and convey
or | 214 |
| otherwise dispose of, or provide for the conveyance or
disposition | 215 |
| of, property so acquired or contracted to be acquired
by sale, | 216 |
| exchange, lease, lease purchase, conditional or
installment sale, | 217 |
| transfer, or other disposition, including the
grant of an option | 218 |
| to purchase, to any governmental agency or to
any other person | 219 |
| without necessity for competitive bidding and
upon such terms and | 220 |
| conditions and manner of consideration
pursuant to and as the | 221 |
| director determines to be appropriate to
satisfy the objectives of
| 222 |
|
sections 166.01 to 166.11
of the Revised Code; | 223 |
| (D) Except as otherwise prescribed in Chapter 166. of the | 248 |
|
Revised Code, all expenses and obligations incurred by the | 249 |
|
director in carrying out
the director's powers and in
exercising
| 250 |
|
the director's duties
under Chapter 166. of
the Revised Code, | 251 |
| shall be payable solely
from, as appropriate,
moneys in the | 252 |
| facilities establishment
fund, the loan guarantee
fund,
the | 253 |
| innovation Ohio loan guarantee fund, the innovation Ohio
loan | 254 |
| fund, the research and development loan fund, or moneys | 255 |
| appropriated for such
purpose by the general
assembly. Chapter | 256 |
| 166. of the Revised
Code does not authorize the
director or the | 257 |
| issuing authority
under section 166.08 of the
Revised Code to | 258 |
| incur bonded
indebtedness of the state or any
political | 259 |
| subdivision thereof,
or to obligate or pledge moneys
raised by | 260 |
| taxation for the
payment of any bonds or notes issued or | 261 |
|
guarantees made pursuant
to Chapter 166. of the Revised Code. | 262 |
(E)
No financial
assistance for
project facilities shall
be | 263 |
provided under this
chapter unless the
provisions of the
agreement | 264 |
providing for such
assistance specify
that all wages
paid to | 265 |
laborers and mechanics
employed on such
project
facilities for | 266 |
which the assistance is
granted shall be
paid at
the prevailing | 267 |
rates of wages of laborers
and mechanics
for the
class of work | 268 |
called for by such project
facilities, which
wages
shall be | 269 |
determined in accordance with the
requirements of
Chapter 4115. of | 270 |
the Revised Code for
determination of prevailing
wage rates, | 271 |
provided that the
requirements of this division do
not
apply where | 272 |
the federal
government or any of its agencies
provides
financing | 273 |
assistance as
to all or any part of the funds
used in
connection | 274 |
with such
project facilities and prescribes
predetermined minimum | 275 |
wages to
be paid to such laborers and
mechanics; and provided | 276 |
further that
should a nonpublic user
beneficiary of the eligible | 277 |
project
undertake, as part of the
eligible project, construction | 278 |
to be
performed by its regular
bargaining unit employees who are | 279 |
covered
under a collective
bargaining agreement which was in | 280 |
existence
prior to the date of
the document authorizing such | 281 |
assistance
then, in that event, the
rate of pay provided under the | 282 |
collective
bargaining agreement
may
be paid to such employees. | 283 |
(F) Any governmental agency may enter into an agreement
with | 284 |
|
the director, any other governmental agency, or a person to
be | 285 |
|
assisted under this chapter, to take or provide for the
purposes | 286 |
|
of this chapter any governmental action it is authorized
to take | 287 |
|
or provide, and to undertake on behalf and at the request
of the | 288 |
|
director any action which the director is authorized to
undertake | 289 |
|
pursuant to divisions (B)(3), (4), and (5) of this
section
or | 290 |
|
divisions (B)(3), (4), and (5) of section 166.12 of the Revised | 291 |
|
Code. Governmental agencies of the state shall cooperate with
and | 292 |
|
provide assistance to the director of development and the | 293 |
|
controlling board in the exercise of their respective functions | 294 |
|
under this chapter. | 295 |
| (1) Create and participate in a nonprofit corporation | 306 |
|
incorporated under Chapter 1702. of the Revised Code for the | 307 |
|
purpose of receiving funds from any person to be expended, | 308 |
|
granted, loaned, or invested for housing purposes, to ensure the | 309 |
|
efficient use of these funds, and for the coordination of the use | 310 |
|
of the funds with other local governments. A nonprofit
corporation | 311 |
| created under division (A)(1) of this section shall
not have among | 312 |
| its purposes the acquisition, construction, or
rehabilitation of | 313 |
| housing. All funds received by the nonprofit
corporation shall be | 314 |
| expended for housing purposes under Section
16 of Article VIII, | 315 |
| Ohio Constitution, and section 176.04 of the
Revised Code. | 316 |
| (2) Create and participate in a nonprofit corporation | 317 |
|
incorporated under Chapter 1702. of the Revised Code for the | 318 |
|
purpose of acquiring, constructing, or rehabilitating housing | 319 |
|
under Section 16 of Article VIII, Ohio Constitution, and section | 320 |
|
176.04 of the Revised Code, or participate in an existing | 321 |
|
nonprofit corporation whose purpose includes the acquisition, | 322 |
|
construction, or rehabilitation of housing. A nonprofit | 323 |
|
corporation created under division (A)(2) of this section shall | 324 |
|
not have among its purposes any of the purposes for which a | 325 |
|
nonprofit corporation created under division (A)(1) of this | 326 |
|
section may be created. The governing board of a nonprofit | 327 |
|
corporation created under division (A)(2) of this section or in | 328 |
|
which a county, township, or municipal corporation participates | 329 |
|
under division (A)(2) of this section shall consist of not more | 330 |
|
than one-third elected officials or appointees thereof of the | 331 |
|
county, township, or municipal corporation, or combination | 332 |
|
thereof, that through the governing boards or chief executive | 333 |
|
officers create or participate in such corporation. | 334 |
| Not more than fifteen per cent of the funds received by a | 341 |
|
nonprofit corporation created under division (A)(1) or (2) of
this | 342 |
| section from any county, township, or municipal corporation
shall | 343 |
| be used for administration and salaries of the nonprofit | 344 |
|
organization. Funds distributed to the nonprofit corporation
from | 345 |
| any board of county commissioners, board of township
trustees, or | 346 |
| municipal corporation shall be considered an
expenditure for | 347 |
| housing purposes under Section 16 of Article
VIII, Ohio | 348 |
| Constitution. A nonprofit corporation created under
division | 349 |
| (A)(1) or (2) of this section is a public body for
purposes of | 350 |
| section 121.22 of the Revised Code, and is subject to
that | 351 |
| section. | 352 |
| (1) Enter into a lease, including a lease with an option
to | 380 |
|
purchase, of correctional facilities for a term not in excess
of | 381 |
|
forty years. Before entering into the lease, the board shall | 382 |
|
publish, once a week for three consecutive weeks in a newspaper
of | 383 |
|
general circulation in the county, a notice that the board is | 384 |
|
accepting proposals for a lease pursuant to this division. The | 385 |
|
notice shall state the date before which the proposals are | 386 |
|
required to be submitted in order to be considered by the board. | 387 |
| The lease under division (A)(1) of this section shall
require | 392 |
the county to contract, in accordance with Chapter 153.,and | 393 |
sections
307.86 to 307.92, and Chapter 4115. of the Revised Code, | 394 |
|
for the
construction, improvement, furnishing, and equipping of | 395 |
|
correctional facilities to be leased pursuant to this section. | 396 |
|
Prior to the board's execution of the lease, it may require the | 397 |
|
lessor under the lease to cause sufficient money to be made | 398 |
|
available to the county to enable the county to comply with the | 399 |
|
certification requirements of division (D) of section 5705.41 of | 400 |
|
the Revised Code. | 401 |
| A lease entered into pursuant to division (A)(1) of this | 402 |
|
section by a board may provide for the county to maintain and | 403 |
|
repair the correctional facility during the term of the
leasehold, | 404 |
|
may provide for the county to make rental payments
prior to or | 405 |
|
after occupation of the correctional facilities by
the county, and | 406 |
|
may provide for the board to obtain and maintain
any insurance | 407 |
|
that the lessor may require, including, but not
limited to, public | 408 |
|
liability, casualty, builder's risk, and
business interruption | 409 |
|
insurance. The obligations incurred under
a lease entered into | 410 |
|
pursuant to division (A)(1) of this section
shall not be | 411 |
|
considered to be within the debt limitations of
section 133.07 of | 412 |
|
the Revised Code. | 413 |
(2) "Construction" has the same meaning as in division (B)
of | 429 |
section 4115.03 of the Revised Codemeans any
construction, | 430 |
| reconstruction, improvement, enlargement,
alteration, repair, | 431 |
| painting, or decorating, of any public
improvement performed by | 432 |
| other than full-time employees who have
completed their | 433 |
| probationary periods in the classified service of
a public | 434 |
| authority. | 435 |
| (a) "Public improvement" means all buildings,
roads, streets, | 437 |
| alleys, sewers, ditches, and other structures
or works constructed | 438 |
| by a public authority
or by any person who, pursuant to a
contract | 439 |
| with a public authority, constructs any structure or work for a | 440 |
|
public authority. When a public authority rents or leases a newly | 441 |
| constructed
structure within six months after completion of its | 442 |
|
construction, any work performed on that structure to suit it
for | 443 |
| occupancy is a "public improvement." | 444 |
| (3) "Debt service charges" means, for any period or
payable | 464 |
|
at any time, the principal of and interest and any
premium due on | 465 |
|
bonds for that period or payable at that time
whether due at | 466 |
|
maturity or upon mandatory redemption, together
with any required | 467 |
|
deposits to reserves for the payment of
principal of and interest | 468 |
|
on such bonds, and includes any
payments required by the port | 469 |
|
authority to satisfy any of its
obligations arising from any | 470 |
|
guaranty agreements, reimbursement
agreements, or other credit | 471 |
|
enhancement agreements described in
division (C) of this section. | 472 |
| (6) "Port authority educational and cultural facility"
means | 479 |
|
a facility located within an urban renewal area that may
consist | 480 |
|
of a museum, archives, library, hall of fame, center for | 481 |
|
contemporary music, or other facilities necessary to provide | 482 |
|
programs of an educational and cultural nature, together with all | 483 |
|
parking facilities, walkways, and other auxiliary facilities,
real | 484 |
|
and personal property, property rights, easements, and
interests | 485 |
|
that may be appropriate for, or used in connection
with, the | 486 |
|
operation of the facility. | 487 |
| (b) Issue general obligation bonds of the county, or notes
in | 500 |
| anticipation thereof, pursuant to Chapter 133. of the Revised | 501 |
|
Code, for the purpose of acquiring, constructing, and equipping | 502 |
|
the port authority educational and cultural facility and | 503 |
|
contribute the proceeds from the issuance to the port authority | 504 |
|
for such purpose. The cooperative agreement may provide that
such | 505 |
|
proceeds be deposited with and administered by the trustee | 506 |
|
pursuant to the trust agreement provided for in division (C) of | 507 |
|
this section. | 508 |
| (c) Following the issuance, sale, and delivery of the port | 509 |
|
authority revenue bonds provided for in division (B)(2)(a) of
this | 510 |
|
section, and prior to the date certain stated in the
cooperative | 511 |
|
agreement which shall be the date estimated for the
completion of | 512 |
|
construction of the port authority educational and
cultural | 513 |
|
facility, pledge and contribute to the port authority
revenue from | 514 |
|
the tax levied pursuant to division (B)(1)(a) of
this section, | 515 |
|
together with any investment earnings on that
revenue, to pay a | 516 |
|
portion of the costs of acquiring,
constructing, and equipping the | 517 |
|
port authority educational and
cultural facility; | 518 |
| (b) To the extent provided for in the cooperative
agreement, | 554 |
|
contribute to the county, for use by the county to pay
debt | 555 |
|
service charges on the bonds of the county, or notes in | 556 |
|
anticipation thereof, described in division (B)(1)(b) of this | 557 |
|
section, any excess urban renewal service payments pledged by the | 558 |
|
host municipal corporation to the urban renewal bonds described
in | 559 |
|
division (B)(3)(a) of this section and not required on an
annual | 560 |
|
basis to pay debt service charges on the urban renewal
bonds. | 561 |
| (C) The pledges and contributions described in divisions | 571 |
|
(B)(1)(c) and (d) of this section and provided for in the | 572 |
|
cooperative agreement shall be for the period stated in the | 573 |
|
cooperative agreement, but shall not be in excess of the period | 574 |
|
necessary to provide for the final retirement of the port | 575 |
|
authority revenue bonds provided for in division (B)(2)(a) of
this | 576 |
|
section and any bonds issued by the port authority to refund
such | 577 |
|
bonds, and for the satisfaction by the port authority of any
of | 578 |
|
its obligations arising from any guaranty agreements, | 579 |
|
reimbursement agreements, or other credit enhancement agreements | 580 |
|
relating to such bonds or to the revenues pledged to such bonds. | 581 |
|
The cooperative agreement shall provide for the termination of
the | 582 |
|
cooperative agreement including the pledges and contributions | 583 |
|
described in divisions (B)(1)(c) and (d) of this section if the | 584 |
|
port authority revenue bonds provided for in division (B)(2)(a)
of | 585 |
|
this section have not been issued, sold, and delivered within
two | 586 |
|
years of the effective date of the cooperative agreement. | 587 |
| The cooperative agreement shall provide that any revenue | 588 |
|
bonds of the port authority shall be secured by a trust agreement | 589 |
|
between the port authority and a corporate trustee that is a
trust | 590 |
|
company or bank having the powers of a trust company within
or | 591 |
|
outside the state. The county may be a party to such trust | 592 |
|
agreement for the purpose of securing the pledge by the county of | 593 |
|
its contribution to the corporation pursuant to division
(B)(1)(d) | 594 |
|
of this section. A tax levied pursuant to division
(B)(1)(a) of | 595 |
|
this section is not subject to diminution by
initiative or | 596 |
|
referendum or diminution by statute, unless
provision is made | 597 |
|
therein for an adequate substitute therefor
reasonably | 598 |
|
satisfactory to the trustee under the trust agreement
that secures | 599 |
|
the revenue bonds of the port authority. | 600 |
| (E) If the terms of the cooperative agreement so provide,
any | 604 |
| contract for the acquisition, construction, or equipping of a
port | 605 |
| authority educational and cultural facility shall be made in
such | 606 |
| manner as is determined by the board of directors of the
port | 607 |
|
authority, and unless the cooperative agreement provides | 608 |
|
otherwise, such a contract is not subject to division (A) of | 609 |
|
section 4582.12 of the Revised Code. The port authority may take | 610 |
|
the assignment of and assume any contracts for the acquisition, | 611 |
|
construction, and equipping of a port authority educational and | 612 |
|
cultural facility that previously have been authorized by either | 613 |
|
or both the host municipal corporation or the corporation. Such | 614 |
|
contracts likewise are not subject to division (A) of section | 615 |
|
4582.12 of the Revised Code. | 616 |
Any contract for the acquisition, construction, or
equipping | 617 |
of a port authority educational and cultural facility
entered | 618 |
into, assigned, or assumed pursuant to this division
shall provide | 619 |
that all laborers and mechanics employed for the
acquisition, | 620 |
construction, or equipping of the port authority
educational and | 621 |
cultural facility shall be paid at the prevailing
rates of wages | 622 |
of laborers and mechanics for the class of work
called for by the | 623 |
port authority educational and cultural
facility, which wages | 624 |
shall be determined in accordance with the
requirements of Chapter | 625 |
4115. of the Revised Code for the
determination of prevailing wage | 626 |
rates. | 627 |
| (4) "Cost of a sports facility" means the cost of
acquiring, | 643 |
| constructing, renovating, equipping, or improving one
or more | 644 |
| sports facilities, including reconstructing,
rehabilitating, | 645 |
| remodeling, and enlarging; the cost of equipping
and furnishing | 646 |
| such a facility; and all financing costs
pertaining thereto, | 647 |
| including the cost of engineering,
architectural, and other | 648 |
| professional services, designs, plans,
specifications and surveys, | 649 |
| and estimates of costs; the costs of
refinancing obligations | 650 |
| issued by, or reimbursement of money
advanced by, the parties to | 651 |
| the cooperative agreement or other
persons, the proceeds of which | 652 |
| obligations were used to pay the
costs of the sports facility; the | 653 |
| cost of tests and inspections;
the cost of any indemnity or surety | 654 |
| bonds and premiums on
insurance, all related direct and | 655 |
| administrative costs
pertaining thereto, fees and expenses of | 656 |
| trustees, depositories,
and paying agents for the obligations, | 657 |
| capitalized interest on
the obligations, amounts necessary to | 658 |
| establish reserves as
required by the obligation proceedings, the | 659 |
| reimbursement of
money advanced or applied by the parties to the | 660 |
| cooperative
agreement or other persons for the payment of any item | 661 |
| of costs
of the sports facility, and all other expenses necessary | 662 |
| or
incident to planning or determining the feasibility or | 663 |
|
practicability with respect to the sports facility; and any
other | 664 |
| such expenses as may be necessary or incident to the
acquisition, | 665 |
| construction, reconstruction, rehabilitation,
remodeling, | 666 |
| renovation, enlargement, improvement, equipping, and
furnishing of | 667 |
| the sports facility, the financing of the sports
facility, placing | 668 |
| the sports facility in use and operation,
including any one, part | 669 |
| of, or combination of such classes of
costs and expenses. | 670 |
| (6) "Obligations" means obligations issued or incurred to
pay | 673 |
| the cost of a sports facility, including bonds, notes, | 674 |
|
certificates of indebtedness, commercial paper, and other | 675 |
|
instruments in writing, anticipatory securities as defined in | 676 |
|
section 133.01 of the Revised Code, issued or incurred by an | 677 |
|
issuer pursuant to Chapter 133.
or 4582. of the Revised Code or | 678 |
| this section, or otherwise, to
evidence the issuer's obligation to | 679 |
| repay borrowed money, or to
pay interest, by, or to pay at any | 680 |
| future time other money
obligations of, the issuer of the | 681 |
| obligations, including
obligations of an issuer or lessee to make | 682 |
| payments under an
installment sale, lease, lease-purchase, or | 683 |
| similar agreement. | 684 |
| (8) "Payments," when used with reference to obligations, | 692 |
|
means payments of the principal, including any mandatory sinking | 693 |
|
fund deposits and mandatory redemption payments, interest and
any | 694 |
| redemption premium, and lease rentals, lease-purchase
payments and | 695 |
| other amounts payable under obligations in the form
of installment | 696 |
| sale, lease, lease-purchase, or similar
agreements. | 697 |
| (11) "Sports facility" means a facility, including a
stadium, | 702 |
| that is intended to house or provide a site for one or
more major | 703 |
| league professional athletic or sports teams
or activities, | 704 |
| together with all spectator facilities, parking
facilities, | 705 |
| walkways, and auxiliary facilities, real and
personal property, | 706 |
| property rights, easements, leasehold
estates, and interests that | 707 |
| may be appropriate for, or used in
connection with, the operation | 708 |
| of the sports facility. | 709 |
(D) Any contract for the
acquisition, construction, | 803 |
renovation, or equipping of a sports
facility entered into, | 804 |
assigned, or assumed under this section
shall provide that all | 805 |
laborers and mechanics employed in the
acquisition, construction, | 806 |
renovation, or equipping of the
sports facility shall be paid at | 807 |
the prevailing rates of wages
of laborers and mechanics for the | 808 |
class of work called for, as
those wages are determined in | 809 |
accordance with
Chapter 4115. of the Revised Code. | 810 |
| (3)
"Cost," as applied to a port authority educational and | 825 |
|
cultural
performing arts facility, means the cost of acquiring, | 826 |
|
constructing,
renovating, rehabilitating, equipping, or improving | 827 |
|
the facility, or any
combination of those purposes, collectively | 828 |
|
referred to in this section as
"construction," and the cost of | 829 |
|
acquisition of all land, rights of way,
property rights, | 830 |
|
easements, franchise rights, and interests required for those | 831 |
|
purposes, the cost of demolishing or removing any buildings or | 832 |
|
structures on
land so acquired, including the cost of acquiring | 833 |
|
any land to which those
buildings or structures may be moved, the | 834 |
|
cost of public utility and common
carrier relocation or | 835 |
|
duplication, the cost of all machinery, furnishings, and | 836 |
|
equipment, financing charges, interest prior to and during | 837 |
|
construction and
for not more than three years after completion of | 838 |
|
construction, costs arising
under guaranty agreements, | 839 |
|
reimbursement agreements, or other credit
enhancement
agreements | 840 |
|
relating
to bonds, engineering, expenses of research and | 841 |
|
development with respect to
such facility, legal expenses, plans, | 842 |
|
specifications, surveys, studies,
estimates of costs and revenues, | 843 |
|
other expenses necessary or incident to
determining the | 844 |
|
feasibility or practicability of acquiring or constructing the | 845 |
|
facility, administrative expense, and other expenses as may be | 846 |
|
necessary or
incident to that acquisition or construction and the | 847 |
|
financing of such
acquisition or construction, including, with | 848 |
|
respect to the revenue bonds of a
port authority, amounts to be | 849 |
|
paid into any special funds from the proceeds of
those bonds, and | 850 |
|
repayments to the port authority, host county, host municipal | 851 |
|
corporation, or corporation of any amounts advanced for the | 852 |
|
foregoing
purposes. | 853 |
| (4)
"Debt service charges" means, for any period or payable | 854 |
|
at any time,
the principal of and interest and any premium due on | 855 |
|
bonds for that period or
payable at that time whether due at | 856 |
|
maturity or upon mandatory redemption,
together with any required | 857 |
|
deposits to reserves for the payment of principal
of and interest | 858 |
|
on those bonds, and includes any payments required by the port | 859 |
|
authority to satisfy any of its obligations under or arising from | 860 |
|
any guaranty
agreements, reimbursement agreements, or other credit | 861 |
|
enhancement agreements
described in division (C) of this section. | 862 |
| (8)
"Port authority educational and cultural performing arts | 872 |
|
facility"
means a facility that consists of a center for music or | 873 |
|
other performing arts,
a theater or other facilities to provide | 874 |
|
programs of an educational,
recreational, or cultural nature, or | 875 |
|
any combination of those purposes as
determined by the parties to | 876 |
|
the cooperative agreement for which provision is
made in division | 877 |
|
(B) of this section to fulfill the public
educational, | 878 |
|
recreational, and cultural purposes set forth therein, together | 879 |
|
with all parking facilities, walkways, and other auxiliary | 880 |
|
facilities, real
and personal property, property rights, | 881 |
|
easements, and interests that may be
appropriate for, or used in | 882 |
|
connection with, the operation of the facility. | 883 |
| (C) The pledge and payments referred to in divisions | 960 |
|
(B)(1)(b) and (c) of this section and
provided for in the | 961 |
|
cooperative agreement shall be for the period stated in
the | 962 |
|
cooperative agreement but shall not extend longer than the period | 963 |
|
necessary to provide for the final retirement of the port | 964 |
|
authority revenue
bonds referred to in division (B)(2)(a) of this | 965 |
|
section, and for the satisfaction by the port authority of any of | 966 |
|
its
obligations under or arising from any guaranty agreements, | 967 |
|
reimbursement
agreements, or other credit enhancement agreements | 968 |
|
relating to those bonds or
to the revenues pledged to them. The | 969 |
|
cooperative agreement shall provide for
the termination of the | 970 |
|
cooperative agreement, including the pledge and payment
referred | 971 |
|
to in division (B)(1)(c) of this section, if
the port authority | 972 |
|
revenue bonds referred to in division
(B)(2)(a) of this section | 973 |
|
have not been issued, sold, and
delivered within five years of the | 974 |
|
effective date of the cooperative
agreement. | 975 |
| The cooperative agreement shall provide that any port | 976 |
|
authority revenue
bonds shall be secured by a trust agreement | 977 |
|
between the port authority and a
corporate trustee that is a trust | 978 |
|
company or bank having the powers of a trust
company within or | 979 |
|
outside the state but authorized to exercise trust powers
within | 980 |
|
the state. The host county may be a party to that trust agreement | 981 |
|
for
the purpose of better securing the pledge by the host county | 982 |
|
of its payment to
the corporation pursuant to division (B)(1)(c) | 983 |
|
of
this section. A tax levied pursuant to section
5739.09 of the | 984 |
|
Revised Code for the purposes
specified in division
(B)(1)(b) or | 985 |
|
(c)
of this section is not subject to diminution by
initiative or | 986 |
|
referendum or
diminution by statute, unless
provision is made for | 987 |
|
an adequate substitute
reasonably
satisfactory to the trustee | 988 |
|
under the trust agreement that secures
the port authority revenue | 989 |
|
bonds. | 990 |
| (E) If the terms of the cooperative agreement so provide,
any | 997 |
|
contract for the acquisition, construction, renovation, | 998 |
|
rehabilitation,
equipping, or improving of a port authority | 999 |
|
educational and cultural
performing arts facility shall be made in | 1000 |
|
such manner as is determined by the
board of directors of the port | 1001 |
|
authority, and unless the cooperative agreement
provides | 1002 |
|
otherwise, such a contract is not subject to division (R)(2)
of | 1003 |
|
section 4582.31 of the Revised Code. The port authority may take | 1004 |
|
the assignment of and
assume any contracts for the acquisition, | 1005 |
|
construction, renovation,
rehabilitation, equipping, or improving | 1006 |
|
of a port authority educational and
cultural performing arts | 1007 |
|
facility that had previously been authorized by any
of the host | 1008 |
|
county, the host municipality, or the corporation. Such contracts | 1009 |
|
are not subject to division (R)(2) of section 4582.31 of the | 1010 |
|
Revised Code. | 1011 |
| Any contract for the acquisition, construction, renovation, | 1012 |
|
rehabilitation,
equipping, or improving of a port authority | 1013 |
|
educational and cultural
performing arts facility entered into, | 1014 |
|
assigned, or assumed pursuant to this
division shall provide that | 1015 |
|
all laborers and mechanics employed for the
acquisition, | 1016 |
|
construction, renovation, rehabilitation, equipping, or improving | 1017 |
|
of that facility shall be paid at the prevailing rates of wages of | 1018 |
|
laborers
and mechanics for the class of work called for by the | 1019 |
|
port authority
educational and cultural performing arts facility, | 1020 |
|
which wages shall be
determined in accordance with the | 1021 |
|
requirements of Chapter 4115. of the Revised Code
for the | 1022 |
|
determination of prevailing wage rates. | 1023 |
| Notwithstanding any provisions to the contrary in section | 1024 |
|
3383.07 of the Revised Code,
construction services and general | 1025 |
|
building services for a port authority
educational and cultural | 1026 |
|
performing arts facility funded completely or in part
with money | 1027 |
|
appropriated by the state to the Ohio cultural
facilities | 1028 |
|
commission may be provided by a port authority or a corporation | 1029 |
|
that occupies, will occupy, or is responsible for that facility, | 1030 |
|
as determined
by the commission. The construction services and | 1031 |
|
general building services to
be provided by the port authority or | 1032 |
|
the corporation shall be specified in an
agreement between the | 1033 |
|
commission and the port authority or corporation. That
agreement, | 1034 |
|
or any actions taken under it, are not subject to Chapters
123. or | 1035 |
153. of the Revised Code, but
are subject to Chapter 4115. of the | 1036 |
Revised Code. | 1037 |
| (3) "Sports facility" means a sports facility that is | 1049 |
|
intended to house major league professional athletic teams, | 1050 |
|
including a stadium, together with all parking facilities, | 1051 |
|
walkways, and other auxiliary facilities, real and personal | 1052 |
|
property, property rights, easements, and interests that may be | 1053 |
|
appropriate for, or used in connection with, the operation of the | 1054 |
|
facility. | 1055 |
| (B) A board of county commissioners of a county that
levies a | 1074 |
| tax under section 307.697, 4301.421, or 5743.024 of the
Revised | 1075 |
| Code may enter into an agreement with a corporation
operating in | 1076 |
| the county, and, if there is a host municipal
corporation all or a | 1077 |
| part of which is located in the county,
shall enter into an | 1078 |
| agreement with a corporation operating in the
county and the host | 1079 |
| municipal corporation, under which: | 1080 |
| (C)(1) The primary purpose of the pledges and
contributions | 1105 |
| described in division (B)(1) of this section is
payment of debt | 1106 |
| service charges. To the extent the pledges and
contributions are | 1107 |
| not used by the county or corporation for
payment of debt service | 1108 |
| charges, the county or corporation,
pursuant to the agreement | 1109 |
| provided for in division (B) of this
section, shall provide the | 1110 |
| unused pledges and contributions,
together with surplus revenues | 1111 |
| of the sports facility not needed
for debt service charges or the | 1112 |
| operation and maintenance of the
sports facility, to the host | 1113 |
| municipal corporation, or a
nonprofit corporation, which may be | 1114 |
| the corporation acting on
behalf of the host municipal | 1115 |
| corporation, for redevelopment and
economic development purposes | 1116 |
| related to the sports facility. If
the county taxes are also | 1117 |
| levied for the purpose of making
permanent improvements, the | 1118 |
| agreement shall include a schedule of
annual pledges and | 1119 |
| contributions by the county for the payment of
debt service | 1120 |
| charges. The county's pledge and contribution
provided for in the | 1121 |
| agreement shall be for the period stated in
the agreement but not | 1122 |
| to exceed twenty years. The agreement
shall provide that any such | 1123 |
| bonds and notes shall be secured by a
trust agreement between the | 1124 |
| corporation or other bond issuer and
a corporate trustee that is a | 1125 |
| trust company or bank having the
powers of a trust company within | 1126 |
| or without the state, and the
trust agreement shall pledge or | 1127 |
| assign to the retirement of the
bonds or notes, all moneys paid by | 1128 |
| the county for that purpose
under this section. A county tax, all | 1129 |
| or any part of the
revenues from which are pledged under an | 1130 |
| agreement entered into
by a board of county commissioners under | 1131 |
| this section shall not
be subject to diminution by initiative or | 1132 |
| referendum, or
diminution by statute, unless provision is made | 1133 |
| therein for an
adequate substitute therefor reasonably | 1134 |
| satisfactory to the
trustee under the trust agreement that secures | 1135 |
| the bonds and
notes. | 1136 |
| (2) The primary purpose of the pledges and contributions | 1137 |
|
described in division (B)(2) of this section is payment of debt | 1138 |
|
service charges. To the extent the pledges and contributions are | 1139 |
|
not used by the county for payment of debt service charges, the | 1140 |
|
county or corporation, pursuant to the agreement provided for in | 1141 |
|
division (B) of this section, shall provide the unused pledges
and | 1142 |
| contributions, together with surplus revenues of the sports | 1143 |
|
facility not needed for debt service charges or the operation and | 1144 |
|
maintenance of the sports facility, to the host municipal | 1145 |
|
corporation, or a nonprofit corporation, which may be the | 1146 |
|
corporation, acting on behalf of the host municipal corporation, | 1147 |
|
for redevelopment and economic development purposes related to
the | 1148 |
| sports facility. The corporation's pledge and contribution | 1149 |
|
provided for in the agreement shall be until all of the bonds | 1150 |
|
issued for the construction of the facility have been retired. | 1151 |
| (E) If the terms of the agreement so provide, the board of | 1155 |
|
county commissioners may acquire, make site improvements to, | 1156 |
|
including, but not limited to, demolition, excavation, and | 1157 |
|
installation of footers, pilings, and foundations, and lease real | 1158 |
|
property for the sports facility to a corporation that constructs | 1159 |
|
a sports facility under division (B)(1) of this section. The | 1160 |
|
agreement shall specify the term, which shall not exceed thirty | 1161 |
|
years and shall be on such terms as are set forth in the | 1162 |
|
agreement. The purchase, improvement, and lease may be the
subject | 1163 |
| of an agreement between the county and a municipal
corporation | 1164 |
| located within the county pursuant to section 153.61
or 307.15 of | 1165 |
| the Revised Code, and are not subject to the
limitations of | 1166 |
| sections 307.02 and 307.09 of the Revised Code. | 1167 |
| (D) Acquire, purchase, construct, reconstruct, enlarge, | 1201 |
|
furnish, equip, maintain, repair, sell, exchange, lease or rent | 1202 |
|
to, lease or rent from, operate, or contract for the operation by | 1203 |
|
others of, facilities within its territory, and make charges for | 1204 |
|
the use of the facilities; | 1205 |
| (F) By resolution of its board of directors, issue
convention | 1209 |
| facilities authority revenue bonds beyond the limit of
bonded | 1210 |
| indebtedness provided by law, payable solely from revenues
as | 1211 |
| provided in section 351.14 of the Revised Code, unless the
bonds | 1212 |
| are refunded by refunding bonds, for the purpose of
providing | 1213 |
| funds to pay the costs of any facility or facilities or
parts of | 1214 |
| any facility or facilities, and, if moneys raised by
taxation are | 1215 |
| not obligated or pledged for the payment of those
revenue bonds, | 1216 |
| to pay the costs of any facility or facilities or
parts of any | 1217 |
| facility or facilities pursuant to Section 13 of
Article VIII, | 1218 |
| Ohio Constitution, and in order to create or
preserve jobs and | 1219 |
| employment opportunities and improve the
economic welfare of the | 1220 |
| people of the state; | 1221 |
| (J)(1) Adopt rules, not in conflict with general law, | 1232 |
|
governing the use of its property, grounds, buildings, equipment, | 1233 |
|
and facilities, and the conduct of its employees and the public, | 1234 |
|
in order to promote the public safety and convenience in and
about | 1235 |
| its facilities and grounds, and to maintain order. Any
such rule | 1236 |
| shall be posted at a prominent place in each of the
buildings or | 1237 |
| facilities to which it applies. | 1238 |
| (L) Acquire, in the name of the authority, by purchase or | 1245 |
|
otherwise, on such terms and in such manner as the authority
finds | 1246 |
| proper, or by the exercise of the right of appropriation in
the | 1247 |
| manner provided by section 351.22 of the Revised Code, such
public | 1248 |
| or private lands, including public parks, playgrounds, or | 1249 |
|
reservations, or parts thereof or rights therein, rights-of-way, | 1250 |
|
rights, franchises, easements, and interests as it finds
necessary | 1251 |
| or proper for carrying out this chapter, and
compensation shall be | 1252 |
| paid for public or private lands so taken; | 1253 |
| (M) Make and enter into all contracts and agreements and | 1254 |
|
execute all instruments necessary or incidental to the
performance | 1255 |
| of its duties and the execution of its powers under
this chapter | 1256 |
| provided that no construction contract or contract
for the | 1257 |
| purchase of goods or services shall be approved or
entered into by | 1258 |
| the authority prior to the adoption and
implementation of a policy | 1259 |
| on the set aside of contracts for
bidding by or award to minority | 1260 |
| business enterprises, as defined
in division (E)(1) of section | 1261 |
| 122.71 of the Revised Code; | 1262 |
| (N) Employ managers, superintendents, and other employees
and | 1263 |
| retain or contract with consulting engineers, financial | 1264 |
|
consultants, accounting experts, architects, attorneys, and such | 1265 |
|
other consultants and independent contractors as are necessary in | 1266 |
|
its judgment to carry out this chapter, and fix their | 1267 |
|
compensation. All expenses of doing so shall be payable solely | 1268 |
|
from the proceeds of convention facilities authority bonds and | 1269 |
|
notes issued under this chapter, or from excise taxes and | 1270 |
|
revenues. | 1271 |
| (T) By resolution of its board of directors, levy one or
both | 1295 |
| of the excise taxes authorized by division (B) of section
351.021 | 1296 |
| of the Revised Code if authorized by the county
commissioners, and | 1297 |
| issue convention facilities authority tax
anticipation bonds | 1298 |
| beyond any limit of bonded indebtedness
provided by law, payable | 1299 |
| solely from excise taxes levied pursuant
to division (B) of | 1300 |
| section 351.021 of the Revised Code and
revenues as provided in | 1301 |
| section 351.141 of the Revised Code. | 1302 |
| (A) "Public improvement" means any construction, | 1307 |
|
reconstruction, improvement, enlargement, alteration, demolition, | 1308 |
|
or repair of a building, highway, drainage system, water system, | 1309 |
|
road, street, alley, sewer, ditch, sewage disposal plant, water | 1310 |
|
works, and any other structure or work of any nature by a public | 1311 |
|
authority. | 1312 |
| (B) "Public authority" includes the state, and a county, | 1313 |
|
township, municipal corporation, school district, or other | 1314 |
|
political subdivision of the state, and any public agency, | 1315 |
|
authority, board, commission, instrumentality, or special
district | 1316 |
|
of or in the state or a county, township, municipal
corporation, | 1317 |
|
school district, or other political subdivision of
the state, and | 1318 |
|
any officer or agent thereof. | 1319 |
| Sec. 1509.071. (A) When the chief of the division of
mineral | 1371 |
| resources
management finds that an owner has failed to
comply with | 1372 |
| the restoration
requirements of section 1509.072,
plugging | 1373 |
| requirements of
section 1509.12, or permit provisions of
section | 1374 |
| 1509.13 of the
Revised Code, or rules and orders relating
thereto, | 1375 |
| the chief shall
make
a finding of that fact and declare
any surety | 1376 |
| bond filed to
ensure compliance with those sections and
rules | 1377 |
| forfeited in the
amount set by rule of the chief. The chief | 1378 |
|
thereupon shall
certify the total forfeiture to the attorney | 1379 |
|
general, who shall
proceed to collect the amount of the | 1380 |
|
forfeiture. | 1381 |
| (1) The expenditures may be made pursuant to contracts | 1441 |
|
entered into by
the chief with
persons who agree to furnish all of | 1442 |
|
the materials, equipment,
work, and labor as specified and | 1443 |
|
provided in such a contract. Agents or
employees of persons | 1444 |
|
contracting with the chief for the
restoration, plugging, and | 1445 |
|
injection projects may enter upon any
land, public or private,
on | 1446 |
|
which the well is located for
the purpose of performing the work. | 1447 |
|
Prior to such entry, the
chief shall give to the following persons | 1448 |
|
written notice of the
existence of a contract for a project to | 1449 |
|
restore, plug, or inject
oil or gas production wastes into a well, | 1450 |
|
the names of the
persons with whom the contract is made, and the | 1451 |
|
date that the
project will commence: the owner of the well, the | 1452 |
|
owner of the
land upon which the well is located, the owner or | 1453 |
|
agents of
adjoining land, and, if the well is located in the same | 1454 |
|
township as or in a
township adjacent to the excavations and | 1455 |
|
workings of a mine and the owner or
lessee of that mine has | 1456 |
|
provided written notice identifying those townships to
the chief | 1457 |
|
at any time during the immediately preceding three years, the | 1458 |
|
owner
or lessee of the mine. | 1459 |
| (2)(a) The owner of the land
on which a well is located who | 1460 |
|
has received notice under
division (C)(1)(b) of this section may | 1461 |
|
plug
the well and be reimbursed by the division for the reasonable | 1462 |
|
cost of plugging the well. In order to plug the well, the | 1463 |
|
landowner
shall submit an application to the chief on a form | 1464 |
|
prescribed by
the chief and approved by the technical advisory | 1465 |
|
council on oil
and gas created in section 1509.38 of the
Revised | 1466 |
|
Code. The application, at a
minimum, shall require the landowner | 1467 |
|
to provide the same
information as is required to be included in | 1468 |
|
the application for
a permit to plug and abandon under section | 1469 |
|
1509.13 of the
Revised Code. The application shall be
accompanied | 1470 |
|
by a copy of a proposed contract to plug the well
prepared by a | 1471 |
|
contractor regularly engaged in the business of
plugging oil and | 1472 |
|
gas wells. The proposed contract shall require
the contractor to | 1473 |
|
furnish all of the materials, equipment, work,
and labor necessary | 1474 |
|
to plug the well properly and shall
specify the price for
doing | 1475 |
|
the work, including a credit for the equipment appurtenant to the | 1476 |
|
well
that was forfeited to the state through the operation of | 1477 |
|
division
(C)(2) of this section. The application
also shall be | 1478 |
|
accompanied by the permit fee required by section
1509.13 of the | 1479 |
|
Revised Code unless the chief, in the
chief's discretion, waives | 1480 |
|
payment of the permit fee. The application
constitutes an | 1481 |
|
application for a permit to plug and abandon the
well for the | 1482 |
|
purposes of section 1509.13 of the
Revised Code. | 1483 |
| (b) Within thirty days after
receiving an application and | 1484 |
|
accompanying proposed contract
under division
(D)(2)(a) of this | 1485 |
|
section, the chief shall determine
whether the plugging would | 1486 |
|
comply with the applicable requirements of this chapter and | 1487 |
|
applicable rules adopted and orders issued under it and whether | 1488 |
|
the cost of the plugging under the proposed contract is | 1489 |
|
reasonable. If the chief determines that the proposed
plugging | 1490 |
|
would comply with those requirements and that the
proposed cost of | 1491 |
|
the plugging is reasonable, the chief shall notify the
landowner | 1492 |
|
of that determination and issue to the landowner a
permit to plug | 1493 |
|
and abandon the well under section 1509.13 of the
Revised Code. | 1494 |
|
Upon approval of the
application and proposed contract, the chief | 1495 |
|
shall transfer
ownership of the equipment appurtenant to the well | 1496 |
|
to the
landowner. The chief may disapprove an application | 1497 |
|
submitted
under division (D)(2)(a)
of this section if the chief | 1498 |
|
determines that the proposed
plugging would not comply with the | 1499 |
|
applicable requirements of
this chapter and applicable rules | 1500 |
|
adopted and orders issued
under it, that the cost of the plugging | 1501 |
|
under the proposed
contract is unreasonable, or that the proposed | 1502 |
|
contract is not a
bona fide, arms length contract. | 1503 |
| (d) Upon determining that the
plugging has been completed | 1510 |
|
within the time required by division
(D)(2)(c)
of this section and | 1511 |
|
has been completed in compliance with
the applicable requirements | 1512 |
|
of this chapter and applicable rules
adopted and orders issued | 1513 |
|
under it, the chief shall reimburse
the landowner for the cost of | 1514 |
|
the plugging as set forth in the
proposed contract approved by the | 1515 |
|
chief. The reimbursement
shall be paid from the oil and gas well | 1516 |
|
fund. If the
chief determines that the plugging was not completed | 1517 |
|
within the
required time or was not completed in accordance with | 1518 |
|
the applicable
requirements, the chief shall not reimburse the | 1519 |
|
landowner for
the cost of the plugging, and the landowner or the | 1520 |
|
contractor, as applicable,
promptly shall
transfer back to this | 1521 |
|
state title to and possession of the equipment
appurtenant
to the | 1522 |
|
well that previously was transferred to the landowner
under | 1523 |
|
division (D)(2)(b)
of this section. If any such equipment was | 1524 |
|
removed from the
well during the plugging and sold, the landowner | 1525 |
|
shall pay to
the chief the proceeds from the sale of the | 1526 |
|
equipment, and the
chief promptly shall pay the moneys so received | 1527 |
|
to the treasurer
of state for deposit into the oil and gas well | 1528 |
|
fund. | 1529 |
| (E) Expenditures from the oil and gas well fund for the | 1537 |
|
purpose of
division (B)(2) of this
section may be made pursuant to | 1538 |
|
contracts entered into by the chief with
persons who agree to | 1539 |
|
furnish all of the materials, equipment, work, and labor
as | 1540 |
|
specified and provided in such a contract. The competitive
bidding | 1541 |
|
requirements of Chapter 153. of the Revised Code do not
apply if | 1542 |
| the chief
reasonably determines that correction of the
applicable | 1543 |
| health or safety risk
requires immediate action. The
chief, | 1544 |
| designated representatives
of the chief, and agents or
employees | 1545 |
| of persons contracting with the chief
under this
division
may | 1546 |
| enter upon any land, public or private, for the
purpose of | 1547 |
| performing the
work. | 1548 |
| (G) The owner
of land on which a well is located who has | 1556 |
|
received notice under
division
(C)(1)(b)
of this section, in lieu | 1557 |
|
of plugging the well in accordance with
division (D)(2) of this | 1558 |
|
section, may cause ownership of the well to be transferred to an | 1559 |
|
owner who is lawfully doing business in this state and who has
met | 1560 |
|
the financial responsibility requirements established under | 1561 |
|
section 1509.07 of the Revised
Code, subject to the approval
of | 1562 |
|
the chief. The transfer of ownership also shall be subject
to the | 1563 |
|
landowner's filing the appropriate forms required under
this | 1564 |
|
chapter and providing to the chief sufficient information
to | 1565 |
|
demonstrate the landowner's or owner's right to produce a | 1566 |
|
formation or formations. That information may include a deed, a | 1567 |
|
lease, or other documentation of ownership or property
rights. | 1568 |
| (2) Establish by resolution an erosion
control repayment fund | 1621 |
| into which shall be deposited all amounts
collected under division | 1622 |
| (B)(3)
of this section. Moneys in that fund shall be used by the | 1623 |
| board
for the repayment of the loan and for administrative or | 1624 |
| other
costs of the board or the authority as specified in an | 1625 |
| agreement
entered into under division (C)
of this section. If the | 1626 |
| amount of money in the fund is inadequate to repay
the loan when | 1627 |
| due, the board of county commissioners, by resolution, may
advance | 1628 |
| money from any other fund in order to repay the loan if that use | 1629 |
| of
the money from the other fund is not in conflict with law.
If | 1630 |
| the board so advances money in order to repay the loan, the board | 1631 |
|
subsequently shall reimburse each fund from which the board | 1632 |
| advances money
with moneys from the erosion control repayment | 1633 |
| fund. | 1634 |
| (C) A board may apply to the authority for a loan for the | 1644 |
| purpose
of entering into agreements under division (A) of this | 1645 |
| section. The
loan shall be for an amount and on the terms | 1646 |
| established in an agreement
between the board and the authority. | 1647 |
| The board may assign any agreements
entered into under division | 1648 |
| (A) of
this section to the authority in order to provide for the | 1649 |
| repayment of the
loan and may pledge any lawfully available | 1650 |
| revenues to the repayment of the
loan, provided that no moneys | 1651 |
| raised by taxation shall be obligated or pledged
by the board for | 1652 |
| the repayment of the loan. Any agreement with the authority | 1653 |
|
pursuant to this division is not subject to Chapter 133. of the | 1654 |
| Revised Code or any
requirements or limitations established in | 1655 |
| that chapter. | 1656 |
| (7) Review, with the assistance of the technical advisory | 1696 |
|
committee, proposed coal research and development projects as | 1697 |
|
defined in section 1555.01 of the Revised Code, and coal | 1698 |
|
development projects, submitted to the office by public utilities | 1699 |
|
for the purpose of section 4905.304 of
the Revised Code. If the | 1700 |
|
director and the advisory committee
determine that any such | 1701 |
|
facility or project has as its purpose
the enhanced use of Ohio | 1702 |
|
coal in an environmentally acceptable,
cost effective manner, | 1703 |
|
promotes energy conservation, is cost
effective, and is | 1704 |
|
environmentally sound, the director shall
submit to the public | 1705 |
|
utilities commission a report recommending
that the commission | 1706 |
|
allow the recovery of costs associated with
the facility or | 1707 |
|
project under section 4905.304 of the Revised Code and
including | 1708 |
|
the reasons for the recommendation. | 1709 |
| (C) By the affirmative vote of a majority of the members of | 1712 |
| the Ohio air quality development authority, the
director of the | 1713 |
| office may exercise any of the powers and duties
of the director | 1714 |
| of development as the authority and the director of the office | 1715 |
| consider
appropriate or desirable to achieve the office's | 1716 |
| purposes,
including, but not limited to, the powers and duties | 1717 |
enumerated
in
sections 1551.11, 1551.12, 1551.13, and 1551.15 of | 1718 |
| the Revised
Code. | 1719 |
| Additionally, the director of the office may make loans to | 1720 |
|
governmental agencies or persons for projects to carry out the | 1721 |
|
office's purposes. Fees, charges, rates of interest, times of | 1722 |
|
payment of interest and principal, and other terms, conditions, | 1723 |
|
and provisions of the loans shall be such as the director of the | 1724 |
|
office determines to be appropriate and in furtherance of the | 1725 |
|
purposes for which the loans are made. The mortgage lien
securing | 1726 |
|
any moneys lent by the director of the office may be
subordinate | 1727 |
|
to the mortgage lien securing any moneys lent or
invested by a | 1728 |
|
financial institution, but shall be superior to
that securing any | 1729 |
|
moneys lent or expended by any other person.
The moneys used in | 1730 |
|
making the loans shall be disbursed upon order
of the director of | 1731 |
|
the office. | 1732 |
| The district shall be governed by the
board of trustees of a | 1741 |
| nonprofit corporation. This board shall be known as
the board of | 1742 |
| directors of the special improvement district. No
special | 1743 |
| improvement district
shall include any church property, or | 1744 |
| property of the federal or
state government or a county, township, | 1745 |
| or municipal
corporation, unless the
church or the county, | 1746 |
| township, or municipal corporation
specifically
requests in | 1747 |
| writing that the property
be included
within the district. More | 1748 |
| than one district may be created
within a participating political | 1749 |
|
subdivision, but no real property
may be included within more than | 1750 |
| one district unless the owner of
the property files a written | 1751 |
| consent with the clerk of the
legislative authority or the village | 1752 |
| clerk, as appropriate. The
area of each district shall be | 1753 |
| contiguous. | 1754 |
| (B) Except as provided in division (C) of this section, a | 1755 |
|
district created under this chapter is not a political | 1756 |
|
subdivision. A district created under this chapter shall be | 1757 |
considered a public agency under section 102.01 and a
public | 1758 |
authority under section 4115.03 of the Revised Code. Each
member | 1759 |
| of the board of directors of a district, each
member's
designee or | 1760 |
| proxy, and each officer and employee of a district
shall be | 1761 |
| considered a public official or employee under
section
102.01 of | 1762 |
| the Revised Code and a public official and
public
servant under | 1763 |
| section 2921.42 of the Revised Code. Districts
created under this | 1764 |
| chapter are not subject to section 121.24 of
the Revised Code. | 1765 |
| Districts created under this chapter are
subject to sections | 1766 |
| 121.22 and 121.23 of the Revised Code. | 1767 |
| Membership on the board of directors of the district shall | 1771 |
| not be considered
as holding a
public office. Directors and their | 1772 |
| designees shall be
entitled to
the immunities provided by Chapter | 1773 |
| 1702. and to the same
immunity as an employee under
division | 1774 |
| (A)(6) of section 2744.03 of the Revised
Code, except that | 1775 |
| directors and their designees shall not be
entitled to the | 1776 |
| indemnification provided in section 2744.07 of
the Revised Code | 1777 |
| unless the director or designee is an employee
or official of a | 1778 |
| participating political subdivision of the district and is
acting | 1779 |
| within the scope of the director's or
designee's employment or | 1780 |
| official responsibilities. | 1781 |
| District officers and district members and directors and | 1782 |
|
their designees or proxies shall not be required to file a | 1783 |
|
statement with the Ohio ethics commission under section 102.02 of | 1784 |
|
the Revised Code. All records of the district shall be treated
as | 1785 |
| public records under section 149.43 of the
Revised Code, except | 1786 |
| that records of organizations contracting
with a district shall | 1787 |
| not be considered to be public records
under section 149.43 or | 1788 |
| section 149.431 of the Revised Code
solely by reason of any | 1789 |
| contract with a district. | 1790 |
| (D) Except as otherwise provided in this section, the | 1791 |
|
nonprofit corporation that governs a district shall be organized | 1792 |
|
in the manner described in Chapter 1702. of the Revised Code.
The | 1793 |
| corporation's articles of incorporation are required
to be | 1794 |
|
approved, as provided in division (E) of this section, by | 1795 |
|
resolution of the legislative authority of each participating | 1796 |
| political
subdivision of the
district. A copy of that
resolution | 1797 |
| shall be filed along with the articles of
incorporation in the | 1798 |
| secretary of state's office. | 1799 |
| (E) The articles of incorporation for a nonprofit
corporation | 1821 |
| governing a district created under this
chapter and
amendments to | 1822 |
| them shall be submitted to the municipal executive, if any, and | 1823 |
|
the legislative authority of each municipal corporation or | 1824 |
| township in which
the proposed district is to be located, | 1825 |
| accompanied by a
petition signed either by the owners of at least | 1826 |
| sixty per cent
of the front footage of all real property located | 1827 |
| in the proposed district
that abuts upon any street,
alley, public | 1828 |
| road, place, boulevard, parkway, park entrance,
easement, or other | 1829 |
| existing public improvement within the
proposed district, | 1830 |
| excluding church property or property owned by the
state, county, | 1831 |
|
township,
municipal, or federal government, unless a church, | 1832 |
| county,
township, or
municipal
corporation has specifically | 1833 |
| requested in writing
that the property be included in the | 1834 |
| district, or by the owners of
at least seventy-five per cent of | 1835 |
| the area of all real property located
within the proposed | 1836 |
| district, excluding church property or property
owned by the | 1837 |
|
state, county, township, municipal, or federal government, unless | 1838 |
| a
church, county, township,
or municipal corporation has | 1839 |
| specifically requested in writing
that the property be included in | 1840 |
| the
district. For
purposes of determining compliance with these | 1841 |
| requirements, the
area of the district, or the front footage and | 1842 |
| ownership of
property, shall be as shown in the most current | 1843 |
| records available
at the county recorder's office and the county | 1844 |
| engineer's office
sixty days prior to the date on which the | 1845 |
| petition is
filed. | 1846 |
| After the initial plan is approved by all municipal | 1874 |
|
corporations and townships
to which it is submitted for approval | 1875 |
| and the district is
created, each participating subdivision
shall | 1876 |
| levy a special assessment within its boundaries to pay for the | 1877 |
| costs of
the initial plan. The levy shall be for no more than
ten | 1878 |
| years from the date of the approval of the initial plan. For | 1879 |
|
purposes of
levying an assessment for this initial plan, the | 1880 |
| services or
improvements included in the initial plan shall be | 1881 |
| deemed a special
benefit to property owners within the district. | 1882 |
| (C) That the corporation, its successors and assigns,
shall | 1918 |
| use, develop, and redevelop the real property of the
project in | 1919 |
| accordance with, and for the period of, the community
development | 1920 |
| plan approved by the governing body of the municipal
corporation | 1921 |
| for the blighted area in which the project is
situated and shall | 1922 |
| so bind its successors and assigns by
appropriate agreements and | 1923 |
| covenants running with the land
enforceable by the municipal | 1924 |
corporation.; | 1925 |
| (E) That the corporation or the municipal corporation, or | 1930 |
|
both, shall provide for carrying out relocation of persons, | 1931 |
|
families, business concerns, and others displaced by the project, | 1932 |
|
pursuant to a relocation plan, including the method for the | 1933 |
|
relocation of residents in decent, safe, and sanitary dwelling | 1934 |
|
accommodations, and reasonable moving costs, determined to be | 1935 |
|
feasible by the governing body of the municipal corporation.
Where | 1936 |
| the relocation plan is carried out by the corporation, its | 1937 |
|
officers, employees, agents, or lessees, the municipal
corporation | 1938 |
| shall enforce and supervise the corporation's
compliance with the | 1939 |
| relocation plan. If the corporation refuses
or fails to comply | 1940 |
| with the relocation plan and the municipal
corporation fails or | 1941 |
| refuses to enforce compliance with such
plan, the director of | 1942 |
| development may request the attorney
general to commence a civil | 1943 |
| action against the municipality and
the corporation to require | 1944 |
| compliance with such relocation plan.
Prior to requesting action | 1945 |
| by the attorney general the director
shall give notice of the | 1946 |
| proposed action to the municipality and
the corporation, provide | 1947 |
| an opportunity to such municipality and
corporation for | 1948 |
| discussions on the matter, and allow a reasonable
time in which | 1949 |
| the corporation may begin compliance with the
relocation plan, or | 1950 |
| the municipality may commence enforcement of
the relocation plan. | 1951 |
(K) That all wages paid to laborers and mechanics employed | 1969 |
for work on such projects, other than for residential structures | 1970 |
containing seven or less family units, shall be paid at the | 1971 |
prevailing rates of wages of laborers and mechanics for the class | 1972 |
of work called for by the project, which wages shall be
determined | 1973 |
in accordance with the requirements of Chapter 4115.
of the | 1974 |
Revised Code for determination of prevailing wage rates,
provided | 1975 |
that the requirements of this division do not apply
where the | 1976 |
federal government or any of its agencies furnishes by
law or | 1977 |
grant all or any part of the funds used in connection with
such | 1978 |
project and prescribes predetermined minimum wages to be
paid to | 1979 |
such laborers and mechanics. | 1980 |
| (2) For a cultural project other than a state historical | 1994 |
|
facility,
construction services may be provided on
behalf of the | 1995 |
|
state by the Ohio cultural facilities
commission, or by a | 1996 |
|
governmental agency or a cultural organization
that occupies, will | 1997 |
|
occupy, or is responsible for the Ohio cultural
facility, as | 1998 |
|
determined by the
commission.
Construction services to be
provided | 1999 |
| by a
governmental agency or
a cultural organization shall be | 2000 |
|
specified in
an agreement between
the commission and the | 2001 |
|
governmental agency or
cultural organization.
The agreement, or | 2002 |
| any
actions taken under it,
are not subject to
Chapter 123. or | 2003 |
| 153. of
the Revised Code,
except for sections
123.081 and 153.011 | 2004 |
of the
Revised Code, and
shall be
subject to Chapter
4115. of the | 2005 |
Revised
Code. | 2006 |
| (3) For a cultural project that is a state
historical | 2007 |
| facility,
construction
services
may be provided by the Ohio | 2008 |
| cultural
facilities commission or by
a cultural organization that | 2009 |
| occupies,
will occupy, or is responsible for the
facility, as | 2010 |
| determined by
the commission. The construction services to be | 2011 |
|
provided by the
cultural organization shall be specified in an | 2012 |
| agreement between
the
commission and the cultural organization. | 2013 |
| That agreement,
and any
actions
taken under it, are not subject to | 2014 |
Chapter 123.,or
153., or
4115. of the Revised
Code. | 2015 |
| (B) For an Ohio sports facility that is financed in part by | 2016 |
|
the
Ohio building authority, construction services shall be | 2017 |
|
provided on
behalf of the state by or at the direction of the | 2018 |
|
governmental agency or
nonprofit corporation that will own or be | 2019 |
|
responsible for the management of
the facility, all as determined | 2020 |
|
by the
Ohio cultural facilities commission. Any
construction | 2021 |
| services
to be provided by a governmental agency or
nonprofit | 2022 |
| corporation shall be
specified in an agreement between
the | 2023 |
| commission and the governmental agency
or nonprofit
corporation. | 2024 |
| That agreement, and any actions taken under
it,
are
not subject to | 2025 |
| Chapter 123. or 153. of the Revised Code,
except
for sections
| 2026 |
123.081 and 153.011 of the Revised Code, and
shall be
subject to | 2027 |
Chapter 4115. of the Revised Code. | 2028 |
| (C) General building services for an Ohio cultural facility | 2029 |
|
shall be provided by
the
Ohio cultural facilities
commission or by | 2030 |
| a cultural
organization that
occupies, will occupy,
or is | 2031 |
| responsible for the
facility, as determined by
the
commission, | 2032 |
| except that the Ohio
building authority may elect to
provide those | 2033 |
| services for Ohio
cultural facilities financed with
proceeds of | 2034 |
| state bonds issued by
the authority.
The costs of
management and | 2035 |
| general building
services shall
be paid by the cultural | 2036 |
|
organization that occupies,
will
occupy, or
is responsible for the | 2037 |
|
facility as provided in an
agreement between the
commission and | 2038 |
|
the cultural organization, except
that the state may pay for | 2039 |
| general
building services for
state-owned cultural
facilities | 2040 |
| constructed on
state-owned land. | 2041 |
| General building services for
an Ohio sports facility shall | 2042 |
|
be provided by or at the direction of
the governmental agency or | 2043 |
|
nonprofit corporation that will be responsible for
the management | 2044 |
|
of the facility, all as determined by the commission. Any
general | 2045 |
|
building services to be provided by a governmental agency or | 2046 |
|
nonprofit
corporation
for an Ohio sports facility shall be | 2047 |
|
specified in
an agreement between the commission and the | 2048 |
|
governmental agency or nonprofit corporation. That
agreement, and | 2049 |
|
any
actions taken under it, are not subject to
Chapter 123. or | 2050 |
|
153.
of the Revised Code, except for sections
123.081 and 153.011 | 2051 |
of
the Revised Code,
and shall be subject to
Chapter 4115. of the | 2052 |
Revised Code. | 2053 |
| (3) The general assembly has specifically authorized the | 2071 |
|
spending of money on, or made an appropriation for, the | 2072 |
|
construction of the cultural project, or for rental
payments | 2073 |
| relating
to
the financing of the construction of the cultural | 2074 |
| project.
Authorization
to spend money, or an appropriation, for | 2075 |
| planning
the cultural
project
does not constitute authorization to | 2076 |
| spend money
on, or an
appropriation for, construction of the | 2077 |
| cultural project. | 2078 |
| (E) No state funds, including any state bond proceeds, shall | 2079 |
|
be spent on the
construction of any state historical facility | 2080 |
|
under this chapter unless the
general assembly has specifically | 2081 |
|
authorized the spending of money on, or made
an appropriation for, | 2082 |
|
the construction of the state historical project related to
the | 2083 |
| facility, or
for rental payments
relating to the financing of the | 2084 |
| construction
of the state historical
project. Authorization
to | 2085 |
| spend money, or an
appropriation, for planning the state | 2086 |
| historical
project does not
constitute
authorization to spend | 2087 |
| money on, or an appropriation
for, the
construction of the state | 2088 |
| historical project. | 2089 |
| (2) As an indication of substantial local support for the | 2100 |
|
facility, the
commission has received a financial and development | 2101 |
|
plan satisfactory to it,
and provision has been made, by agreement | 2102 |
|
or otherwise, satisfactory to the
commission, for a contribution | 2103 |
|
amounting to not less than eighty-five per cent
of the total | 2104 |
|
estimated construction cost of the facility, excluding any site | 2105 |
|
acquisition cost, from sources other than the state. | 2106 |
| (3) The general assembly has specifically authorized the | 2107 |
|
spending of money
on, or made an appropriation for, the | 2108 |
|
construction of the facility, or for
rental payments relating to | 2109 |
|
state financing of all or a portion of the costs
of constructing | 2110 |
|
the facility. Authorization to spend money, or an
appropriation, | 2111 |
|
for planning or determining the feasibility of or need for the | 2112 |
|
facility does not constitute authorization to spend money on, or | 2113 |
|
an
appropriation for, costs of constructing the facility. | 2114 |
| (1) Motorsports events shall be presented at the facility | 2128 |
| pursuant to a lease entered into with the owner of the facility. | 2129 |
| The term of the lease shall be for a period of not less than the | 2130 |
| greater of the useful life of the portion of the facility financed | 2131 |
| from proceeds of state bonds as determined using the guidelines | 2132 |
| for maximum maturities as provided under divisions (B) and (C) of | 2133 |
| section 133.20 of the Revised Code, or the period of time | 2134 |
| remaining to the date of payment or provision for payment of | 2135 |
| outstanding state bonds allocable to costs of the facility, all as | 2136 |
| determined by the director of budget and management and certified | 2137 |
| by the director to the Ohio cultural facilities commission and to | 2138 |
| the Ohio building authority. | 2139 |
| (A) "Public authority" means any
officer, board, or | 2150 |
| commission of the state, or any political
subdivision of the | 2151 |
| state, or any
institution supported in whole or in part by public | 2152 |
|
funds, authorized to enter into a contract
for the construction of | 2153 |
| a public improvement or to construct a
public improvement by the | 2154 |
| direct employment of labor. "Public authority"
shall not mean any | 2155 |
| municipal corporation that has adopted a charter under
sections | 2156 |
three and seven of article XVIII of the Ohio
constitution | 2157 |
| Constitution, unless the specific contract
for a public | 2158 |
| improvement includes
state funds appropriated for the purposes of | 2159 |
| that public improvement. | 2160 |
| (C) "Public improvement"
means all buildings, roads, streets, | 2174 |
| alleys, sewers, ditches,
sewage disposal plants, water works, and | 2175 |
| other structures or
works constructed by a public authority
or by | 2176 |
| any person who,
pursuant to a contract with a public authority, | 2177 |
| constructs any
structure or work for a public authority. When a | 2178 |
| public authority rents or
leases a newly constructed structure | 2179 |
| within six months after
completion of its construction, all work | 2180 |
| performed on that
structure to suit it for occupancy by a public | 2181 |
| authority is a
"public improvement." | 2182 |
| Except as provided in division (C) of this section,
when the | 2203 |
| cost of a contract for the construction of any building, | 2204 |
|
structure, or other improvement undertaken by a port authority | 2205 |
| involves an
expenditure exceeding
twenty-five thousand
dollars and | 2206 |
| the port authority is the contracting entity, the
port authority | 2207 |
| shall make a written contract after notice calling for
bids for | 2208 |
| the award of the contract has been given by publication twice, | 2209 |
| with
at least
seven days between publications, in a newspaper of | 2210 |
| general circulation in the
area of the jurisdiction of the port | 2211 |
| authority. Each
such contract
shall be let to the lowest | 2212 |
| responsive and responsible
bidder in accordance with section 9.312 | 2213 |
| of the Revised Code.
Every contract let shall be in writing and if | 2214 |
| the contract
involves work or construction, it shall be | 2215 |
| accompanied by or
shall refer to plans and specifications for the | 2216 |
| work to be done,
prepared for and approved by the port authority, | 2217 |
| signed by an authorized
officer of the port authority and by the | 2218 |
|
contractor, and shall
be executed in triplicate. | 2219 |
| (C)(1) If
a contract is to be negotiated and awarded without | 2247 |
|
competitive bidding for the reason set forth in division
(B)(2) of | 2248 |
| this section, the
port authority shall publish a notice calling | 2249 |
| for technical
proposals at least twice, with at least seven days | 2250 |
| between
publications, in a newspaper of general circulation in the | 2251 |
| area
of the port authority. After receipt of the technical | 2252 |
|
proposals, the port authority may negotiate with and award a | 2253 |
|
contract for the improvement to the proposer making the proposal | 2254 |
|
considered to be the most advantageous to the port authority. | 2255 |
(D) No contract for the construction or repair of any | 2262 |
building,
structure, or other
improvement and no loan agreement | 2263 |
for the borrowing of funds for
any such improvement undertaken by | 2264 |
a port authority, where the
port authority is the contracting | 2265 |
entity, shall be executed
unless laborers and mechanics employed | 2266 |
on such improvements are
paid at the prevailing rates of wages of | 2267 |
laborers and mechanics
for the class of work called for by the | 2268 |
improvement.
The wages shall be determined in accordance with the | 2269 |
requirements of
Chapter 4115. of the Revised Code for the | 2270 |
determination of prevailing
wage rates, provided that the | 2271 |
requirements of this section do not
apply where the federal | 2272 |
government or any of its agencies
furnishes by loan or grant all | 2273 |
or any part of the funds used in
connection with such project and | 2274 |
prescribes predetermined minimum
wages to be paid to the laborers | 2275 |
and mechanics. | 2276 |
| (3) Sue and be sued in its own name, plead and be impleaded, | 2281 |
| provided any
actions against the district shall be brought in the | 2282 |
| court of common pleas of
the county in which the principal office | 2283 |
| of the district is located, or in the
court of common pleas of the | 2284 |
| county in which the cause of action arose, and
all summonses, | 2285 |
| exceptions, and notices of every kind shall be served on the | 2286 |
|
district by leaving a copy thereof at its principal office
with | 2287 |
| the secretary-treasurer; | 2288 |
| (9) Employ or retain or contract for the services of | 2306 |
| consulting engineers,
superintendents, managers, and such other | 2307 |
| engineers, construction and
accounting experts, financial | 2308 |
| advisers, trustees, marketing, remarketing, and
administrative | 2309 |
| agents, attorneys, and other employees, independent
contractors, | 2310 |
| or agents as are necessary in its judgment and fix their | 2311 |
|
compensation, provided all such expenses shall be payable solely | 2312 |
| from the
proceeds of bonds or from revenues; | 2313 |
| (10) Receive and accept from the federal or any state or | 2314 |
|
local government, including, but not limited to, any agency, | 2315 |
|
entity, or instrumentality of any of the foregoing, loans and | 2316 |
|
grants for or in
aid of the construction, maintenance, or
repair | 2317 |
| of any project, and receive and accept aid or contributions from | 2318 |
| any
source or person of money, property, labor, or other things of | 2319 |
| value, to be
held, used, and applied only for the purposes for | 2320 |
| which such
loans, grants, and contributions are made.
Nothing in | 2321 |
| division (A)(10) of this section shall be construed as
imposing | 2322 |
| any liability on this state for any loan received by a | 2323 |
| transportation
improvement district from a third party unless this | 2324 |
| state has entered into an
agreement to accept such liability. | 2325 |
| (2) Payments to the property owner or a contractor hired
by | 2368 |
| the property owner pursuant to a competitive process
established | 2369 |
| by district rules, for the cost of disconnections,
reconnections, | 2370 |
| relocations, or sewer back-up prevention required by rules adopted | 2371 |
| pursuant
to division (A) of this section after the board, pursuant | 2372 |
| to its
rules, has approved the work to be performed and after the | 2373 |
| county
has received from the property owner a statement releasing | 2374 |
| the
county from all liability in connection with the | 2375 |
| disconnections,
reconnections, relocations, or sewer back-up | 2376 |
| prevention. | 2377 |
| (1) A charge to the property owner in the amount of the | 2384 |
|
payment made pursuant to division (C) of this section for | 2385 |
|
immediate payment or payment in installments with interest as | 2386 |
|
determined by the board not to exceed ten per cent, which
payments | 2387 |
| may be billed as a separate item with the rents charged
to that | 2388 |
| owner for use of the sewers. The board may approve
installment | 2389 |
| payments for a period of not more than fifteen years.
If charges | 2390 |
| are to be paid in installments, the board shall
certify to the | 2391 |
| county auditor information sufficient to identify
each subject | 2392 |
| parcel of property, the total of the charges to be
paid in | 2393 |
| installments, and the total number of installments to be
paid. The | 2394 |
| auditor shall record the information in the sewer
improvement | 2395 |
| record until these charges are paid in full. Charges
not paid when | 2396 |
| due shall be certified to the county auditor, who
shall place the | 2397 |
| charges upon the real property tax list and
duplicate against that | 2398 |
| property. Those charges shall be a lien on
the property from the | 2399 |
| date they are placed on the tax list and
duplicate and shall be | 2400 |
| collected in the same manner as other
taxes. | 2401 |
| (2) A special assessment levied against the property,
payable | 2402 |
| in the number of years the board determines, not to
exceed fifteen | 2403 |
| years, with interest as determined by the board
not to exceed ten | 2404 |
| per cent. The board
shall certify the assessments to the county | 2405 |
| auditor, stating the
amount and time of payment. The auditor shall | 2406 |
| record the
information in the county sewer improvement record, | 2407 |
| showing
separately the assessments to be collected, and shall | 2408 |
| place the
assessments upon the real property tax list and | 2409 |
| duplicate for
collection. The assessments shall be a lien on the | 2410 |
| property from
the date they are placed on the tax list and | 2411 |
| duplicate and shall be
collected in the same manner as other | 2412 |
| taxes. | 2413 |
| (E) The county may adopt a resolution specifying a maximum | 2414 |
|
amount of the cost of any disconnection, reconnection,
relocation, | 2415 |
| or sewer back-up prevention required pursuant to division (A) of | 2416 |
| this section that
may be paid by the county for each affected | 2417 |
| parcel of property
without requiring reimbursement. That amount | 2418 |
| may be allowed only
if there is a building code, health code, or | 2419 |
| other relevant code, or a federally imposed or state-imposed | 2420 |
| consent decree that is filed or otherwise recorded in a court of | 2421 |
| competent jurisdiction,
applicable to the affected parcel that | 2422 |
| prohibits in the future
any inflows or sewer back-ups not allowed | 2423 |
| under rules adopted pursuant to division
(A)(1) or (4) of this | 2424 |
| section. The board, by rule, shall establish
criteria for | 2425 |
| determining how much of the maximum amount for each
qualifying | 2426 |
| parcel need not be reimbursed. | 2427 |
| Section 2. That existing sections 121.08, 164.07, 166.02, | 2443 |
| 176.011, 307.022, 307.671, 307.673, 307.674, 307.696, 351.06, | 2444 |
| 1311.25, 1509.071, 1521.26, 1551.33,
1710.02, 1728.07, 3383.07, | 2445 |
| 4116.01, 4582.12, 5540.03, and 6117.012 and sections 122.452, | 2446 |
| 165.031, 176.05, 1551.13, 3706.042, 4115.03, 4115.031,
4115.032, | 2447 |
| 4115.033, 4115.034, 4115.04, 4115.05, 4115.06, 4115.07,
4115.071, | 2448 |
| 4115.08, 4115.09, 4115.10, 4115.101, 4115.11, 4115.12, 4115.13, | 2449 |
| 4115.131, 4115.132, 4115.133, 4115.14, 4115.15, 4115.16, 4115.21, | 2450 |
| 4115.99,
4582.37, 4981.23, and 6121.061 of the Revised Code are | 2451 |
| hereby
repealed. | 2452 |