reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 3 | Counties › Chapter 343 | Solid Waste Management Districts › Section 343.03 | Prosecuting Attorney to Prosecute to Termination or Bring Civil Action.

Effective:
April 16, 1993
Latest Legislation:
House Bill 723 - 119th General Assembly
The prosecuting attorney of the county where a violation of division (G)(2) or (3) or (I)(1) or (2) of section 343.01 of the Revised Code has occurred, is occurring, or may occur, upon the request of the board of county commissioners of the county district or the board of directors of the joint solid waste management district having jurisdiction, shall prosecute to termination or bring a civil action for appropriate relief against any person, municipal corporation, township, or other political subdivision that has violated, is violating, or is threatening to violate any of those divisions. The court of common pleas in which the civil action is filed has jurisdiction to and shall grant appropriate relief, including a temporary restraining order or a preliminary or permanent injunction, upon a showing that the person, municipal corporation, township, or other political subdivision against whom the action is brought has violated, is violating, or is threatening to violate any of those divisions. The court shall give precedence to such an action over all other cases.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 343 | Solid Waste Management Districts › Section 343.04 | Preparation of General Facilities Plan.

Effective:
October 29, 1993
Latest Legislation:
Senate Bill 165 - 120th General Assembly
A board of county commissioners or board of directors of a county or joint solid waste management district, after the establishment of the district, may have a general plan of solid waste facilities for the district prepared by the county sanitary engineer of a county district or, in the case of a joint district, by a county sanitary engineer of one of the counties participating in the joint district as determined by the board of directors. The general facilities plan shall be consistent with the solid waste management plan of the county or joint district approved or ordered to be implemented under section 3734.521 or 3734.55 of the Revised Code and the most current amended plan of the district approved or ordered to be implemented under section 3734.521 or 3734.56 of the Revised Code, if any. After the general facilities plan has been approved by the board, the board may acquire, construct, improve, enlarge, equip, maintain, and operate, and may enter into agreements determined by the board to be necessary for the acquisition, construction, improvement, enlargement, equipment, maintenance, or operation of, any solid waste facilities included in the general facilities plan. Such agreements may include provisions concerning at least the ownership and control of the facilities by the district or by any other party to the agreement as designated in the agreement; the operation, leasing, or subleasing of the facilities by the district or by any other such party; and the final sale or other disposition of the facilities to the district or to any other such party.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 343 | Solid Waste Management Districts › Section 343.99 | Penalty.

Effective:
April 16, 1993
Latest Legislation:
House Bill 723 - 119th General Assembly
Whoever violates division (G)(2) or (3) or (I)(1) or (2) of section 343.01 of the Revised Code shall be fined not more than five thousand dollars. Each day of each violation is a separate offense. Notwithstanding any other section of the Revised Code relating to the distribution or crediting of fines for violations of the Revised Code, all fines imposed under this section shall be deposited into the special fund, created in accordance with division (G) of section 3734.57 of the Revised Code, of the county or joint county solid waste management district where the violation occurred.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 345 | Memorial Buildings › Section 345.01 | Soldiers' Memorial Tax Levy - Resolution.

Effective:
September 13, 2022
Latest Legislation:
House Bill 140 - 134th General Assembly
(A) As used in this chapter, "the county auditor's appraised value" has the same meaning as in section 5705.01 of the Revised Code.
(B) The taxing authority of any municipal corporation, township, or county, at any time not less than one hundred days prior to a general election in any year, by a vote of two-thirds of all members of the taxing authority, may, and upon presentation to the clerk or fiscal officer, as the case may be, of the taxing authority of a petition signed by not less than two per cent of the electors of the political subdivision, as shown at the preceding general election held in the subdivision, shall, declare by resolution that the amount of taxes which may be raised within the ten-mill limitation will be insufficient to provide an adequate amount for the necessary requirements of the subdivision, and that it is necessary to levy taxes in excess of the limitation for either or both of the following purposes:
(1) For purchasing a site, and for erecting, equipping, and furnishing, or for establishing a memorial to commemorate the services of all members and veterans of the armed forces of the United States;
(2) For the operation and maintenance of a memorial, and for the functions related to it.
The resolution shall be confined to the purposes set forth in this section, and shall specify the amount of increase in rate which it is necessary to levy, expressed both in mills for each one dollar of taxable value and in dollars for each one hundred thousand dollars of the county auditor's appraised value, the purpose of the rate increase, and the number of years during which the increase shall be in effect. The increase may include a levy upon the tax duplicate of the current year. The number of years shall be any number not exceeding ten. The question of an increase in tax rate under divisions (B)(1) and (2) of this section may be submitted to the electors on one ballot.
The total tax for the purposes included in this section shall not, in any year, exceed one mill of each dollar of taxable value.
The resolution shall go into immediate effect upon its passage, and no publication of the resolution, other than that provided for in the notice of election, shall be necessary.
Last updated July 15, 2022 at 8:35 AM
2023 Ohio Revised Code › Title 3 | Counties › Chapter 345 | Memorial Buildings › Section 345.02 | Bond Issue for Soldiers' Memorial.

Effective:
October 30, 1989
Latest Legislation:
House Bill 230 - 118th General Assembly
The taxing authority of any municipal corporation, township, or county may issue the bonds of such subdivision for the purpose of purchasing a site, and for erecting, equipping, and furnishing, or for establishing a memorial to commemorate the services of all members and veterans of the armed forces of the United States. Any such taxing authority may determine to submit to the electors of the subdivision the question of issuing such bonds make the declarations and statements required by section 133.18 of the Revised Code. The county auditor and taxing authority shall thereupon proceed as set forth in divisions (C) and (D) of such section. The election on the question of issuing such bonds shall be held under divisions (E), (F), and (G) of section 133.18 of the Revised Code. Such bond issue shall require the affirmative vote of sixty per cent of those electors voting upon the proposition.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 345 | Memorial Buildings › Section 345.03 | Tax Levy Resolution Certified to Board of Elections - Notice of Election.

Effective:
September 13, 2022
Latest Legislation:
House Bill 140 - 134th General Assembly
A copy of any resolution adopted under section 345.01 of the Revised Code shall be certified within five days by the taxing authority and not later than four p.m. of the ninetieth day before the day of the election, to the county board of elections, and such board shall submit the proposal to the electors of the subdivision at the succeeding general election. The board shall make the necessary arrangements for the submission of such question to the electors of the subdivision, and the election shall be conducted, canvassed, and certified in like manner as regular elections in such subdivision.
Notice of the election shall be published once in a newspaper of general circulation in the subdivision, not less than two weeks prior to such election. The notice shall set out the purpose of the proposed increase in rate, the levy's estimated annual collections, the amount of the increase expressed in dollars for each one hundred thousand dollars of the county auditor's appraised value as well as in mills for each one dollar of taxable value, the number of years during which such increase will be in effect, and the time and place of holding such election.
Last updated July 15, 2022 at 8:38 AM
2023 Ohio Revised Code › Title 3 | Counties › Chapter 345 | Memorial Buildings › Section 345.04 | Form of Ballot for Tax Levy.

Effective:
September 13, 2022
Latest Legislation:
House Bill 140 - 134th General Assembly
The form of the ballot cast at a general election, as provided by sections 345.01 to 345.03 of the Revised Code, shall be: "An additional tax for the benefit of (name of subdivision) for the purpose of (state purpose stated in the resolution), that the county auditor estimates will collect $_____ annually, at a rate not exceeding _____ mills for each $1 of taxable value, which amounts to $_____ for each $100,000 of the county auditor's appraised value, for (the number of years the levy is to run).
For the Tax Levy
Against the Tax Levy
"
If the tax is to be placed on the current tax list, the form of the ballot shall be modified by adding, after the statement of the number of years the levy is to run, the phrase ", commencing in __________ (first year the tax is to be levied), first due in calendar year __________ (first calendar year in which the tax shall be due)."
The question covered by the resolution shall be submitted to the electors as a separate proposition, but it may be printed on the same ballot with any other proposition submitted at the same election other than the election of officers. More than one such question may be submitted at the same election.
Last updated July 15, 2022 at 8:40 AM
2023 Ohio Revised Code › Title 3 | Counties › Chapter 345 | Memorial Buildings › Section 345.05 | Majority Vote Required for Approval of Tax Levy.

Effective:
February 20, 1986
Latest Legislation:
House Bill 583 - 116th General Assembly
If a majority of the electors voting on the tax levy provided for in section 345.01 of the Revised Code, vote in favor thereof, the taxing authority of a political subdivision, as provided by such section, may levy a tax within such subdivision, at the additional rate outside of the ten-mill limitation, during the period and for the purpose stated in the resolution, or at any lesser rate, or for any of such years or purposes.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 345 | Memorial Buildings › Section 345.06 | Appointment of Board of Trustees Prior to Vote of Electors.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Prior to the vote of the electors authorizing bonds, or an additional tax levy as provided for in sections 345.02 to 345.05, inclusive, of the Revised Code, the taxing authority of the township or county or the mayor of the municipal corporation may, regardless of whether funds are presently available to complete the project, appoint a board of trustees, as provided by section 345.08 of the Revised Code, to determine and recommend to the taxing authority of the appointing subdivision the nature, extent, and estimated cost of an appropriate war memorial.
Such board shall formulate specific plans for the erection of such war memorial, or alternate plans, and obtain estimates of the cost of the completed project and all other information and data reasonably necessary to advise the residents of the appropriate subdivision as to the proposals of the board, either as an incident to an election for the voting of a tax levy or authorizing a bond issue, or both, for the purpose of erecting such memorial, or for the information of the appropriating authority in the event that the funds are available without a bond issue or additional tax levy.
Such board may call upon county engineers, city engineers, and other agencies of the appropriate subdivision to assist such board in preparing its proposals for such war memorial.
The taxing authority of the township, county, or municipal corporation may appropriate such amounts as are reasonably necessary to defray the preliminary expenses of such board incurred in hiring architects, engineers, and other persons or organizations to assist in preparing plans and estimates of the cost of a war memorial.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 345 | Memorial Buildings › Section 345.07 | Certification of Tax Levy Voted Outside Ten-Mill Limitation.

Effective:
August 22, 1995
Latest Legislation:
House Bill 99 - 121st General Assembly
A tax levy voted outside the ten-mill limitation under sections 345.03 to 345.05 of the Revised Code, shall be certified to the taxing authority of the political subdivision in the first year of such levy. The levy shall be extended on the tax lists after the February settlement succeeding such election. If such additional tax is to be placed on the tax list of the current year, as specified in the resolution providing for the submission thereof, the result of the election shall be certified, immediately after the canvass by the board of elections, to the taxing authority, which shall forthwith make the necessary levy and certify it to the county auditor, who shall extend it on the tax list for collection. Such levy shall, in all years after the first year, be included in the annual tax budget that is certified to the county budget commission.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 345 | Memorial Buildings › Section 345.08 | Board of Trustees.

Effective:
April 7, 2009
Latest Legislation:
House Bill 266 - 127th General Assembly
Within five days after the certification to the taxing authority of the result of an election held under sections 345.02 to 345.05 of the Revised Code, provided a majority of the votes cast on the proposal submitted are in favor of such proposal, or within five days after adoption by the taxing authority of an ordinance or resolution to authorize the issuance of any such bonds without a vote of the electors, the taxing authority of the township or county, or the mayor of the municipal corporation shall appoint a board of trustees, consisting of at least five but not more than eleven members, which shall, at all times, be so constituted that at least a majority of its members are honorably discharged veterans of the armed forces of the United States. A majority of such trustees shall be appointed for three years and the remaining trustees shall be appointed for five years, and thereafter, on the expiration of the original term, appointments shall be made for terms of five years. Appointments to fill vacancies shall be for the unexpired term.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 345 | Memorial Buildings › Section 345.09 | Meetings of Board of Trustees.

Effective:
October 25, 1978
Latest Legislation:
House Bill 349 - 112th General Assembly
The appointing authority of the board of trustees provided by section 345.08 of the Revised Code, in making the appointments, shall fix a time and place for the first meeting of the board and shall give the trustees notice of such meeting. The time of such first meeting shall be not more than fifteen days after the date of their appointment. The board shall meet at the time and place appointed, and shall organize by the selection of a president, a vice-president, and a secretary, who need not be a member of the board, but who shall be a veteran, or the surviving spouse or parent of a deceased veteran who served in the armed forces of the United States in time of war. The compensation of such secretary shall be fixed by the board.
The trustees shall serve without compensation, but shall be allowed traveling and other expenses, which, with the compensation of the secretary and other necessary expenses of the board, shall be paid from the fund provided by section 345.11 of the Revised Code, on the order of the president and secretary, after being allowed and approved by the board at an authorized meeting.
Vacancies in the office of trustee shall be filled in the manner provided by section 345.08 of the Revised Code. The board shall hold regular meetings at such time and place as it agrees upon, and special meetings shall be held under such regulations as it prescribes. The board shall keep a full record of its proceedings.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 345 | Memorial Buildings › Section 345.10 | Bond of Trustees - Employment of Superintendents and Architects.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Before making any expenditures from the memorial fund, the trustees appointed under section 345.08 of the Revised Code shall give bond to the state in such sum as the appointing authority fixes, and to the approval of such authority. Premium payments for such bond shall be an authorized expenditure by the board of trustees.
The board may appoint and employ such superintendents, architects, clerks, laborers, and other employees as are necessary, and fix their compensation. Whenever qualified veterans are available such appointees shall be veterans of the armed forces of the United States. Any such person may be removed at any time by a majority of the board.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 345 | Memorial Buildings › Section 345.11 | The Memorial Fund.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The fund arising from a tax levy, or the proceeds from the sale of bonds authorized to be issued under sections 345.01 to 345.17, inclusive, of the Revised Code, shall be placed in the treasury of the subdivision to the credit of a fund to be known as "The Memorial Fund." Such fund shall be paid out on the order of the board of trustees, certified by the president and secretary of such board.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 345 | Memorial Buildings › Section 345.12 | Establishment of Memorial - Acquisition of Site - Donations.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The board of trustees may provide for the establishment, arrangement, plans, and design of the soldiers' memorial provided by section 345.01 of the Revised Code; it may provide for the maintenance of such memorial; it may make such contracts, and such purchases of supplies and materials as are necessary. The board may acquire by purchase, condemnation, or otherwise, any necessary site for such memorial. Before acquiring any site or making any contract for construction of a memorial, the board shall secure the approval of such site and the design of the memorial from the taxing authority of the appointing subdivision. If it is necessary to condemn property for such purpose, the site fixed by the board shall be appropriated as provided for the appropriation of lands by the subdivision by which said board was appointed, and all purchases and contracts shall be made pursuant to the applicable laws of such subdivision. The board may accept donations of personal or real property or money, and all donations of money by gift, bequest, or otherwise shall be placed to the credit of the memorial fund.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 345 | Memorial Buildings › Section 345.13 | Purpose of Soldiers' Memorial.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A soldiers' memorial, provided for by section 345.01 of the Revised Code, shall be maintained so as to commemorate the services of all members and veterans of the armed forces of the United States. The board of trustees shall make rules and regulations for the use, administration, and maintenance of such memorial as is fitting and necessary to carry out the purposes thereof.
When such memorial is a building, it shall provide suitable apartments of sufficient dimensions to commemorate the soldiers, sailors, marines, and all members of the armed forces of the United States, so designated by congress, both men and women of the county, who have lost their lives while in the service of the country. Suitable tablets shall be maintained with the names of such soldiers, sailors, and marines inscribed thereon. The building may include a public auditorium, music hall, and recreational facilities.
The board may establish rental fees and other charges for the use of the memorial, and it may waive any portion of such charges.
Last updated March 9, 2022 at 12:13 PM
2023 Ohio Revised Code › Title 3 | Counties › Chapter 345 | Memorial Buildings › Section 345.14 | Powers of Board of Trustees.

Effective:
June 11, 1968
Latest Legislation:
Senate Bill 321 - 107th General Assembly
The board of trustees, established by section 345.08 of the Revised Code, in addition to its usual powers shall:
(A) Conduct, maintain, and operate a soldiers' memorial, for the benefit of the entire county, for community, civic, and patriotic purposes;
(B) Provide, with or without cost, suitable and convenient county headquarters for all nationally organized veterans' organizations, chartered by congress;
(C) Use, rent, and lease office space in such memorial buildings to agencies of the United States and of this state or any of their political subdivisions engaged in any activity for the benefit of the men and women of the armed forces of the United States and the honorably discharged veterans thereof, and all earnings or receipts shall be used for the maintenance thereof;
(D) Co-ordinate and assemble within a county, as nearly as possible, in a one-stop information or service center in such memorial, all governmental agencies operated for the benefit of the honorably discharged veterans of the armed forces of the United States.
(E) Deposit in a bank or trust company, subject to the provisions of sections 135.01 to 135.21, inclusive, of the Revised Code, all moneys, gifts and rentals excepting funds arising from the proceeds of the sale of bonds coming into the possession of said board of trustees by virtue of its operation. Thereupon, such funds may be disbursed by the board of trustees for the uses and purposes of such memorials and shall be accounted for as provided by law.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 345 | Memorial Buildings › Section 345.15 | Interest in Contract.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No trustee, officer, or employee of the board of trustees of a soldiers' memorial shall be interested in any contract entered into by the board, nor shall a trustee, officer, or employee of the board be individually liable to any contractor upon any contract made under sections 345.01 to 345.17, inclusive, of the Revised Code, or to any person on any claim occasioned by any act or default of a contractor, or any one employed by such contractor.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 345 | Memorial Buildings › Section 345.16 | Employment of Veterans.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The board of trustees, for soldiers' memorials under its control, shall employ only honorably discharged soldiers, sailors, and marines, both men and women, of the armed forces of the United States, if available, as caretakers, janitors, or employees.
Employment of any person who is not such an honorably discharged soldier, sailor, or marine, without a showing on the journal of the board that none of the latter were available, shall be void, and it shall be unlawful to pay any money out of any fund to such person.
Last updated March 10, 2022 at 11:31 AM
2023 Ohio Revised Code › Title 3 | Counties › Chapter 345 | Memorial Buildings › Section 345.17 | Permitting Use of County Buildings.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The board of county commissioners may permit the occupancy by any society or association of soldiers, sailors, marines, and pioneers, or any historical association, of any county building, or part thereof, not necessary for other county purposes.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 345 | Memorial Buildings › Section 345.18 | Limitation.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Sections 345.01 to 345.17, inclusive, of the Revised Code apply exclusively to memorials erected, equipped, furnished, and maintained or established by any political subdivisions of the state. All sections of the Revised Code, inconsistent with or prohibiting the exercise of the authority conferred by sections 345.01 to 345.17, inclusive, of the Revised Code, shall be deemed to be inoperative for the purpose of such sections.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 347 | County Centennial Celebration › Section 347.01 | Appropriation for County Celebrations.

Effective:
October 27, 1981
Latest Legislation:
Senate Bill 114 - 114th General Assembly
The board of county commissioners may appropriate from the county general fund any sum, not to exceed twenty thousand dollars, towards defraying the expense of a county centennial, sesquicentennial, bicentennial, or other celebration for any subsequent fifty-year period.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 347 | County Centennial Celebration › Section 347.02 | Board of Managers.

Effective:
October 27, 1981
Latest Legislation:
Senate Bill 114 - 114th General Assembly
The board of county commissioners may appoint a board of managers for the county centennial, sesquicentennial, bicentennial, or other celebration for which the board of county commissioners may appropriate funds under section 347.01 of the Revised Code. Such managers shall serve in all capacities connected with such board and without compensation or salary. The money appropriated by the board of county commissioners shall be paid only to the order of the board of managers, upon vouchers authenticated by the president and secretary or by the executive committee of such board, and such vouchers shall show the date and purpose of the expenditure and the name of the person to whom payable.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 349 | New Community Organization › Section 349.02 | Orderly Development of New Communities.

Effective:
October 4, 1972
Latest Legislation:
House Bill 1063 - 109th General Assembly
This chapter is enacted for the purposes of encouraging the orderly development of well-planned, diversified, and economically sound new communities and of encouraging the initiative and participation of private enterprise in such undertakings; and encouraging cooperation between the developer and the community authority to carry out a new community development program.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 349 | New Community Organization › Section 349.05 | Restricting Power and Authority of New Community Authority.

Effective:
October 4, 1972
Latest Legislation:
House Bill 1063 - 109th General Assembly
A new community authority established pursuant to this chapter is a body corporate and politic, and shall have the powers specifically granted by this chapter. This chapter does not limit or restrict the power and authority of cities, counties, and townships. The new community authority shall have no power or authority over zoning or subdivision regulation, provision of fire or police protection, or, unless such services cannot be obtained from other existing political subdivisions, water supply or sewage treatment and disposal.
The exercise of police power granted to the authority by this chapter does not invalidate the exercise of police power by any municipal corporation and the exercise of police power by a municipal corporation shall prevail in the case of a conflict with powers exercised by the authority. The grant of power to the authority under divisions (N) and (O) of section 349.06 of the Revised Code shall not remove municipal, regional, or county planning commissions and agencies from jurisdiction within the district, nor shall such powers invalidate municipal ordinances and resolutions or other regulations of such planning commission and agencies.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 349 | New Community Organization › Section 349.071 | Class Actions Affecting Encumbrance Relating to Real Property Within New Community District.

Effective:
June 29, 1979
Latest Legislation:
House Bill 637 - 113th General Assembly
(A) In any action brought to enforce, modify, terminate, declare rights under, or otherwise affect an encumbrance relating to real property within a new community district, or in any action in which the requested relief would affect an encumbrance, one or more of the owners or residents of the real property within the new community district who are the beneficiaries of or are burdened by the encumbrance, may sue or be sued as representative parties on behalf of all the owners or residents. If one or more of the owners or residents sue or are sued as representative parties on behalf of all the owners or residents, the action may be maintained as a class action. The action shall be governed by the procedural rules in effect in the court in which the action is brought and members of the class shall be entitled to participate as provided in such procedural rules.
(B) As used in this section, "encumbrance" means an easement, covenant, condition, restriction, community development charges, or similar encumbrance relating to real property within a new community district.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 349 | New Community Organization › Section 349.09 | Issuance of New Community Authority Bonds and Notes Exempt From Bond Laws.

Effective:
January 10, 1991
Latest Legislation:
Senate Bill 332 - 118th General Assembly
The issuance of new community authority bonds and notes or new community authority refunding bonds under this chapter need not comply with any other law applicable to the issuance of bonds or notes; however, sections 9.98 and 9.981 to 9.983 of the Revised Code apply to such bonds and notes.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 349 | New Community Organization › Section 349.10 | Bonds Secured by Trust Agreement.

Effective:
October 4, 1972
Latest Legislation:
House Bill 1063 - 109th General Assembly
In the discretion of the board of trustees, any community authority bonds or notes or new community authority refunding bonds or notes issued under Chapter 349. of the Revised Code may be secured by a trust agreement or indenture of mortgage between the authority and a corporate trustee, which trustee may be any trust company or bank having the powers of a trust company within or without the state.
Any such trust agreement or indenture of mortgage may pledge or assign the income source of the authority to be received. Any such indenture of mortgage may include a mortgage of the land, and community facilities acquired or constructed with the proceeds of the bonds or notes secured thereby. Any such trust agreement or indenture of mortgage or any resolution providing for the issuance of such bonds or notes or any other related agreement may contain such provisions for protecting and enforcing the rights and remedies of the bondholders, noteholders, or guarantors as are reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to land acquisition, land development and the construction, improvement, maintenance, repair, operation, planning and insurance of the community facilities in connection with which such bonds or notes are authorized, the rentals, user fees, or other charges to be imposed for the use or services of any community facilities, the custody, safeguarding and application of all moneys, and provisions for the employment of consultants in connection with the construction or operation of any such community facilities. Any bank or trust company incorporated under the laws of this state which may act as depository of the proceeds of the bonds or notes or of income source may furnish such indemnifying bond or may pledge such securities as are required by the authority. Such trust agreement or indenture of mortgage or related agreement may set forth the rights and remedies of the bondholders, noteholders, guarantors, and of the trustee, and may restrict the individual right of action by bondholders, noteholders, and guarantors as is customary in trust agreements or trust indentures securing similar bonds or notes. Such trust agreement or indenture of mortgage or related agreement may contain such other provisions as the authority considers reasonable and proper for the security of the bondholders, noteholders, or guarantors. All expenses incurred in carrying out the provisions of any such trust agreement or indenture of mortgage or related agreement may be treated as a part of the cost of community facilities. Any such trust agreement or indenture of mortgage or resolution or related agreement may provide the method whereby the general administrative overhead expenses of the authority shall be allocated among the several facilities acquired or constructed by it as a factor of the operational expense of each such facility.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 349 | New Community Organization › Section 349.11 | Bondholder Rights.

Effective:
October 4, 1972
Latest Legislation:
House Bill 1063 - 109th General Assembly
Any holder or guarantor of new community authority bonds or notes issued under Chapter 349. of the Revised Code, or any of the coupons appertaining thereto, and the trustee under any trust agreement or indenture of mortgage except to the extent the rights given by such chapter may be restricted by the applicable resolution, trust agreement or indenture of mortgage or related agreement, may, by suit, action, mandamus or other proceeding protect and enforce any rights under the laws of the state or granted under such chapter, trust agreement, indenture of mortgage or the resolution authorizing the issuance of such bonds or notes, or related agreement, and may enforce and compel the performance of all duties required by such chapter, or by the trust agreement, indenture of mortgage or resolution, or related agreement, to be performed by the new community authority or any officer thereof including the fixing, charging, and collection of rentals, user fees or other charges.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 349 | New Community Organization › Section 349.12 | Investing Funds.

Effective:
January 1, 1997
Latest Legislation:
House Bill 538 - 121st General Assembly
Moneys in the funds of the new community authority, except as otherwise provided in any resolution authorizing the issuance of its community authority bonds or in any trust agreement or indenture of mortgage securing the same, or related agreement, in excess of current needs, may be invested in notes, bonds, or other obligations of the United States, or of any agency or instrumentality thereof, or in obligations of this state or any political subdivision thereof. If the law or the instrument creating a trust pursuant to section 349.10 of the Revised Code expressly permits investment in direct obligations of the United States or an agency thereof, unless expressly prohibited by the instrument, such moneys also may be invested in no front end load money market mutual funds consisting exclusively of obligations of the United States or an agency thereof and in repurchase agreements, including those issued by the fiduciary itself, secured by obligations of the United States or an agency thereof; and in collective investment funds established in accordance with section 1111.14 of the Revised Code and consisting exclusively of any such securities, notwithstanding division (A)(1)(c) of that section. Income from all such investments of moneys in any fund shall be credited to such funds as the authority determines, subject to the provisions of any such resolution or trust agreement or indenture of mortgage, or related agreement, and such investments may be sold at such times as the authority determines.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 349 | New Community Organization › Section 349.13 | Agreements With Other Governmental Entity or Agencies.

Effective:
October 4, 1972
Latest Legislation:
House Bill 1063 - 109th General Assembly
Any governmental entity or agency may, notwithstanding any contrary provision of law, lease, lend, grant, or convey to the new community authority at the authority's request, or lease, borrow, accept, or receive from the authority upon such terms as the proper authorities of such governmental entity or agency deem reasonable and fair and without the necessity for and advertisement, auction, order of court, or other action or formality other than the regular and formal action of the governmental agency concerned, any real property or interests therein including improvements thereto or personal property which is necessary or convenient to the carrying out of the new community development program, including public roads, community facilities and other real property or interests therein, including improvements thereto, or personal property already devoted to public use; and provided further that, where any such governmental entity is the developer, it may enter into any and all contracts and agreements with the new community authority for the provision by the new community authority of coordination and management service, for all or any portion of the activities and other matters relating to carrying forward the new community development program.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 349 | New Community Organization › Section 349.15 | Municipal Annexation.

Effective:
October 4, 1972
Latest Legislation:
House Bill 1063 - 109th General Assembly
If all or any portion of a new community district is annexed to a municipal corporation, the new community authority shall nevertheless continue in existence to carry out the new community development program for such district, and shall remain responsible for any bonds or notes issued pursuant to section 349.08 of the Revised Code.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 351 | Convention Facilities Authorities › Section 351.02 | Creating Convention Facilities Authority.

Effective:
February 20, 1986
Latest Legislation:
House Bill 583 - 116th General Assembly
A county may create a convention facilities authority by resolution of the county commissioners, provided that in no case shall the same county create more than one convention facilities authority. A convention facilities authority created pursuant to this section is a body corporate and politic which may sue and be sued, plead and be impleaded, and has the powers and jurisdiction enumerated in this chapter. The exercise by an authority of the powers conferred upon it shall be deemed to be essential governmental functions of this state but no authority is immune from liability by reason thereof.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 351 | Convention Facilities Authorities › Section 351.03 | No County Financing or Subsidizing Operation of Authority.

Effective:
March 27, 2020
Latest Legislation:
House Bill 197 - 133rd General Assembly
(A) Except as provided in division (C) of section 5739.09 or in section 5739.026 of the Revised Code, no county creating a convention facilities authority may appropriate and expend public funds to finance or subsidize the operation of the authority.
(B) Subject to making due provisions for payment and performance of its obligations, a convention facilities authority may be dissolved by the county creating it. In such event the properties of the authority shall be transferred to the county creating it, and the county may thereupon appropriate and expend public funds to finance or subsidize the operation of such facilities.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 351 | Convention Facilities Authorities › Section 351.05 | Immunity.

Effective:
February 20, 1986
Latest Legislation:
House Bill 583 - 116th General Assembly
(A) Except for civil actions that arise out of the operation of a motor vehicle and civil actions in which the convention facilities authority is the plaintiff, no director, officer, or employee of a convention facilities authority shall be liable in any civil action that arises under the law of this state for damage or injury caused in the performance of his duties, unless his actions were manifestly outside the scope of his employment or official responsibilities, or unless he acted with malicious purpose, in bad faith, or in a wanton or reckless manner.
This division does not eliminate, limit, or reduce any immunity from civil liability that is conferred upon a director, officer, or employee by any other provision of the Revised Code or by case law.
(B)(1) A convention facilities authority shall indemnify a director, officer, or employee from liability incurred in the performance of his duties by paying any judgment in, or amount negotiated in settlement of, any civil action arising under federal law, the law of another state, or the law of a foreign jurisdiction. The reasonableness of the amount of any consent judgment or settlement is subject to the review and approval of the authority's board of directors. The maximum aggregate amount of indemnification paid directly from funds to or on behalf of any director, officer, or employee pursuant to this division shall be one million dollars per occurrence, regardless of the number of persons who suffer damage, injury, or death as a result of the occurrence.
(2) An authority shall not indemnify a director, officer, or employee under any of the following circumstances:
(a) To the extent the director, officer, or employee is covered by a policy of civil liability insurance purchased by the authority;
(b) When the director, officer, or employee acts manifestly outside the scope of his employment or official responsibilities, with malicious purpose, in bad faith, or in a wanton or reckless manner;
(c) For any portion of a judgment that represents punitive or exemplary damages;
(d) For any portion of a consent judgment or settlement that is unreasonable.
(3) The authority may purchase policies of insurance on behalf of directors, officers, and employees of the authority from insurers licensed to do business in this state providing coverage for damages in connection with any civil action, demand, or claim against the director, officer, or employee by reason of an act or omission by the director, officer, or employee occurring in the performance of his duties and not coming within the terms of division (B)(2)(b) of this section.
(C) This section does not affect either of the following:
(1) Any defense that would otherwise be available in an action alleging personal liability of a director, officer, or employee;
(2) The operation of section 9.83 of the Revised Code.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 351 | Convention Facilities Authorities › Section 351.07 | Employees of Authority.

Effective:
March 17, 2000
Latest Legislation:
House Bill 118 - 123rd General Assembly
(A)(1) A convention facilities authority shall employ and fix the qualifications, duties, and compensation of employees and enter into contracts for professional services as it may require to conduct the business of the authority, provided that no full-time employees shall be employed until the authority adopts and implements a policy regarding hiring preferences for veterans. The authority at any time may suspend or dismiss any employee or terminate any contract for professional services.
(2) "Veteran" means either of the following:
(a) An individual who has served in the active military or naval service of the United States and who was discharged or released under circumstances other than dishonorable;
(b) An individual who has served as a member of the United States merchant marine and to whom either of the following applies:
(i) The individual has an honorable report of separation from the active duty military service, form DD214 or DD215.
(ii) The individual served in the United States merchant marine between December 7, 1941, and December 31, 1946, and died on active duty while serving in a war zone during that period of service.
(3) "United States merchant marine" includes the United States army transport service and the United States naval transport service.
(B) A convention facilities authority may provide for the administration and enforcement of the laws of the state by employing special police officers, and may seek the assistance of other appropriate law enforcement officers to enforce its rules and maintain order. Special police officers employed by an authority shall serve as a security force with respect to the property, grounds, buildings, equipment, and facilities under the authority's control to protect the authority's property, suppress nuisances and disturbances and breaches of the peace, and enforce laws for the preservation of good order. In performing their duties, special police officers are vested with the same powers of arrest as police officers are given under divisions (A) and (B) of section 2935.03 of the Revised Code while on the grounds of the authority's facilities, and under division (D) of such section when off of the grounds of the authority's facilities.
2023 Ohio Revised Code › Title 3 | Counties › Chapter 351 | Convention Facilities Authorities › Section 351.08 | Group Insurance for Employees.

Effective:
June 4, 1997
Latest Legislation:
Senate Bill 67 - 122nd General Assembly
(A) A convention facilities authority may procure and pay any or all of the cost of group hospitalization, surgical, major medical, sickness and accident insurance, or group life insurance, or a combination of any of the foregoing types of insurance or coverage for full-time employees and their dependents, issued by an insurance company duly authorized to do business in this state.
(B) A convention facilities authority also may procure and pay any or all of the cost of a plan of group hospitalization, surgical, or major medical insurance with a health insuring corporation with a certificate of authority issued under Chapter 1751. of the Revised Code, provided that each full-time employee shall be permitted to:
(1) Exercise an option between a plan offered by an insurance company as provided in division (A) of this section and a plan offered by a health insuring corporation under this division, on the condition that the full-time employee shall pay the amount by which the cost of the plan offered in this division exceeds the cost of the plan offered under division (A) of this section; and
(2) Change from one of the two plans to the other at a time each year as determined by the convention facilities authority.