(1) To prepare, or contract to be prepared, by licensed | 14 |
engineers or architects, surveys, general and detailed plans, | 15 |
specifications, bills of materials, and estimates of cost for any | 16 |
projects, improvements, or public buildings to be constructed by | 17 |
state agencies that may be authorized by legislative | 18 |
appropriations or any other funds made available therefor, | 19 |
provided that the construction of the projects, improvements, or | 20 |
public buildings is a statutory duty of the department. This | 21 |
section does not require the independent employment of an | 22 |
architect or engineer as provided by section 153.01 of the Revised | 23 |
Code in the cases to which that section applies nor affect or | 24 |
alter the existing powers of the director of transportation. | 25 |
(3) To make contracts for and supervise the construction of | 31 |
any projects and improvements or the construction and repair of | 32 |
buildings under the control of a state agency, except contracts | 33 |
for the repair of buildings under the management and control of | 34 |
the departments of public safety, job and family services, mental | 35 |
health, developmental disabilities, rehabilitation and correction, | 36 |
and youth services, the bureau of workers' compensation, the | 37 |
rehabilitation services commission, and boards of trustees of | 38 |
educational and benevolent institutions and except contracts for | 39 |
the construction of projects that do not require the issuance of a | 40 |
building permit or the issuance of a certificate of occupancy and | 41 |
that are necessary to remediate conditions at a hazardous waste | 42 |
facility, solid waste facility, or other location at which the | 43 |
director of environmental protection has reason to believe there | 44 |
is a substantial threat to public health or safety or the | 45 |
environment. These contracts shall be made and entered into by the | 46 |
directors of public safety, job and family services, mental | 47 |
health, developmental disabilities, rehabilitation and correction, | 48 |
and youth services, the administrator of workers' compensation, | 49 |
the rehabilitation services commission, the boards of trustees of | 50 |
such institutions, and the director of environmental protection, | 51 |
respectively. All such contracts may be in whole or in part on | 52 |
unit price basis of maximum estimated cost, with payment computed | 53 |
and made upon actual quantities or units. | 54 |
(9) To lease or grant easements or licenses for unproductive | 72 |
and unused lands or other property under the control of a state | 73 |
agency. Such leases, easements, or licenses shall be granted for a | 74 |
period not to exceed fifteen years and shall be executed for the | 75 |
state by the director of administrative services and the governor | 76 |
and shall be approved as to form by the attorney general, provided | 77 |
that leases, easements, or licenses may be granted to any county, | 78 |
township, municipal corporation, port authority, water or sewer | 79 |
district, school district, library district, health district, park | 80 |
district, soil and water conservation district, conservancy | 81 |
district, or other political subdivision or taxing district, or | 82 |
any agency of the United States government, for the exclusive use | 83 |
of that agency, political subdivision, or taxing district, without | 84 |
any right of sublease or assignment, for a period not to exceed | 85 |
fifteen years, and provided that the director shall grant leases, | 86 |
easements, or licenses of university land for periods not to | 87 |
exceed twenty-five years for purposes approved by the respective | 88 |
university's board of trustees wherein the uses are compatible | 89 |
with the uses and needs of the university and may grant leases of | 90 |
university land for periods not to exceed forty years for purposes | 91 |
approved by the respective university's board of trustees pursuant | 92 |
to section 123.77 of the Revised Code. | 93 |
(14) To lease for a period not to exceed forty years, | 103 |
pursuant to a contract providing for the construction thereof | 104 |
under a lease-purchase plan, buildings, structures, and other | 105 |
improvements for any public purpose, and, in conjunction | 106 |
therewith, to grant leases, easements, or licenses for lands under | 107 |
the control of a state agency for a period not to exceed forty | 108 |
years. The lease-purchase plan shall provide that at the end of | 109 |
the lease period, the buildings, structures, and related | 110 |
improvements, together with the land on which they are situated, | 111 |
shall become the property of the state without cost. | 112 |
(a) Whenever any building, structure, or other improvement is | 113 |
to be so leased by a state agency, the department shall retain | 114 |
either basic plans, specifications, bills of materials, and | 115 |
estimates of cost with sufficient detail to afford bidders all | 116 |
needed information or, alternatively, all of the following plans, | 117 |
details, bills of materials, and specifications: | 118 |
(b) The department shall give public notice, in such | 131 |
newspaper, in such form, and with such phraseology as the director | 132 |
of administrative services prescribes, published once each week | 133 |
for four consecutive weeks, of the time when and place where bids | 134 |
will be received for entering into an agreement to lease to a | 135 |
state agency a building, structure, or other improvement. The last | 136 |
publication shall be at least eight days preceding the day for | 137 |
opening the bids. The bids shall contain the terms upon which the | 138 |
builder would propose to lease the building, structure, or other | 139 |
improvement to the state agency. The form of the bid approved by | 140 |
the department shall be used, and a bid is invalid and shall not | 141 |
be considered unless that form is used without change, alteration, | 142 |
or addition. Before submitting bids pursuant to this section, any | 143 |
builder shall comply with Chapter 153. of the Revised Code. | 144 |
(c) On the day and at the place named for receiving bids for | 145 |
entering into lease agreements with a state agency, the director | 146 |
of administrative services shall open the bids and shall publicly | 147 |
proceed immediately to tabulate the bids upon duplicate sheets. No | 148 |
lease agreement shall be entered into until the bureau of workers' | 149 |
compensation has certified that the person to be awarded the lease | 150 |
agreement has complied with Chapter 4123. of the Revised Code, | 151 |
until, if the builder submitting the lowest and best bid is a | 152 |
foreign corporation, the secretary of state has certified that the | 153 |
corporation is authorized to do business in this state, until, if | 154 |
the builder submitting the lowest and best bid is a person | 155 |
nonresident of this state, the person has filed with the secretary | 156 |
of state a power of attorney designating the secretary of state as | 157 |
its agent for the purpose of accepting service of summons in any | 158 |
action brought under Chapter 4123. of the Revised Code, and until | 159 |
the agreement is submitted to the attorney general and the | 160 |
attorney general's approval is certified thereon. Within thirty | 161 |
days after the day on which the bids are received, the department | 162 |
shall investigate the bids received and shall determine that the | 163 |
bureau and the secretary of state have made the certifications | 164 |
required by this section of the builder who has submitted the | 165 |
lowest and best bid. Within ten days of the completion of the | 166 |
investigation of the bids, the department shall award the lease | 167 |
agreement to the builder who has submitted the lowest and best bid | 168 |
and who has been certified by the bureau and secretary of state as | 169 |
required by this section. If bidding for the lease agreement has | 170 |
been conducted upon the basis of basic plans, specifications, | 171 |
bills of materials, and estimates of costs, upon the award to the | 172 |
builder the department, or the builder with the approval of the | 173 |
department, shall appoint an architect or engineer licensed in | 174 |
this state to prepare such further detailed plans, specifications, | 175 |
and bills of materials as are required to construct the building, | 176 |
structure, or improvement. The department shall adopt such rules | 177 |
as are necessary to give effect to this section. The department | 178 |
may reject any bid. Where there is reason to believe there is | 179 |
collusion or combination among bidders, the bids of those | 180 |
concerned therein shall be rejected. | 181 |
Such a lease shall be for the purpose of development of the | 195 |
land for use by senior citizens by constructing, altering, | 196 |
renovating, repairing, expanding, and improving the site as it | 197 |
existed on June 25, 1982. A developer desiring to lease the land | 198 |
shall prepare for submission to the department a plan for | 199 |
development. Plans shall include provisions for roads, sewers, | 200 |
water lines, waste disposal, water supply, and similar matters to | 201 |
meet the requirements of state and local laws. The plans shall | 202 |
also include provision for protection of the property by insurance | 203 |
or otherwise, and plans for financing the development, and shall | 204 |
set forth details of the developer's financial responsibility. | 205 |
The lease shall contain a provision that construction or | 218 |
renovation of the buildings, roads, structures, and other | 219 |
necessary facilities shall begin within one year after the date of | 220 |
the lease and shall proceed according to a schedule agreed to | 221 |
between the department and the developer or the lease will be | 222 |
terminated. The lease shall contain such conditions and | 223 |
stipulations as the director considers necessary to preserve the | 224 |
best interest of the state. Moneys received by the state pursuant | 225 |
to this lease shall be paid into the general revenue fund. The | 226 |
lease shall provide that at the end of the lease period the | 227 |
buildings, structures, and related improvements shall become the | 228 |
property of the state without cost. | 229 |
(17) To lease to any person any tract of land owned by the | 230 |
state and under the control of the department, or any part of such | 231 |
a tract, for the purpose of drilling for or the pooling of oil or | 232 |
gas. Such a lease shall be granted for a period not exceeding | 233 |
forty years, with the full power to contract for, determine the | 234 |
conditions governing, and specify the amount the state shall | 235 |
receive for the purposes specified in the lease, and shall be | 236 |
prepared as in other cases. | 237 |
(2) The power of the director of transportation in acquiring | 267 |
rights-of-way for the state highway system, or the leasing of | 268 |
lands for division or resident district offices, or the leasing of | 269 |
lands or buildings required in the maintenance operations of the | 270 |
department of transportation, or the purchase of real property for | 271 |
garage sites or division or resident district offices, or in | 272 |
preparing plans and specifications for and constructing such | 273 |
buildings as the director may require in the administration of the | 274 |
department; | 275 |
(3) The power of the director of public safety and the | 276 |
registrar of motor vehicles to purchase or lease real property and | 277 |
buildings to be used solely as locations to which a deputy | 278 |
registrar is assigned pursuant to division (B) of section 4507.011 | 279 |
of the Revised Code and from which the deputy registrar is to | 280 |
conduct the deputy registrar's business, the power of the director | 281 |
of public safety to purchase or lease real property and buildings | 282 |
to be used as locations for division or district offices as | 283 |
required in the maintenance of operations of the department of | 284 |
public safety, and the power of the superintendent of the state | 285 |
highway patrol in the purchase or leasing of real property and | 286 |
buildings needed by the patrol, to negotiate the sale of real | 287 |
property owned by the patrol, to rent or lease real property owned | 288 |
or leased by the patrol, and to make or cause to be made repairs | 289 |
to all property owned or under the control of the patrol; | 290 |
(C) Purchases for, and the custody and repair of, buildings | 302 |
under the management and control of the capitol square review and | 303 |
advisory board, the rehabilitation services commission, the bureau | 304 |
of workers' compensation, or the departments of public safety, job | 305 |
and family services, mental health, developmental disabilities, | 306 |
and rehabilitation and correction, and buildings of educational | 307 |
and benevolent institutions under the management and control of | 308 |
boards of trustees, are not subject to the control and | 309 |
jurisdiction of the department of administrative services. | 310 |
(B)(1) The department of natural resources has exclusive | 325 |
authority to lease lands that are owned by the state and | 326 |
administered by a state agency for the purpose of the exploration | 327 |
for, development of, and production of oil or natural gas. The | 328 |
extraction of oil or natural gas pursuant to a lease entered into | 329 |
under this section shall not unreasonably interfere with the | 330 |
primary use of the state land or unreasonably impact the scenic, | 331 |
aesthetic, and environmental quality of land on which drilling | 332 |
takes place as determined by the director of natural resources. | 333 |
(1) Procedures for the submission of a nomination of a parcel | 348 |
of land that is owned or controlled by a state agency for the | 349 |
purpose of the exploration for, development of, and production of | 350 |
oil or natural gas under this section. In addition, the rules | 351 |
shall require, not later than ninety days after the receipt of a | 352 |
nomination, the director to either approve the nomination by | 353 |
initiating the process for the submission of competitive bids for | 354 |
the development or production of oil or natural gas on the | 355 |
nominated parcel or deny the nomination. The rules shall require | 356 |
that before the director makes a determination concerning a | 357 |
nomination, the director consider all feasible drilling methods, | 358 |
including directional drilling, and whether the nominated parcel | 359 |
will comply with the requirements established in rules adopted | 360 |
under division (C) of this section. The rules also shall require | 361 |
the director if the director denies a nomination, to notify the | 362 |
person that submitted the nomination of the denial and provide a | 363 |
written explanation of the director's denial. | 364 |
(3) Procedures and standards for establishing the terms and | 371 |
conditions of leases entered into under this section. In addition, | 372 |
the rules shall require that the terms and conditions of leases | 373 |
entered into under this section ensure that the scenic, aesthetic, | 374 |
and environmental quality of land on which drilling takes place is | 375 |
maintained while maximizing revenue to the state. The rules also | 376 |
shall establish guidelines for determining the amount of lease | 377 |
annual payments and lease bonus payments under the terms and | 378 |
conditions of a lease. | 379 |
(5) Procedures in accordance with which a person may request | 384 |
to be on a notification list for the purpose of receiving | 385 |
notifications of the director's determinations under this section | 386 |
and rules adopted under it. In addition, the rules shall require | 387 |
the director to notify all persons on the notification list of the | 388 |
director's determinations concerning nominations and the | 389 |
submission and selection of competitive bids under this section | 390 |
and rules adopted under it. The rules shall authorize the director | 391 |
to provide the notice electronically or via other means as | 392 |
determined by the director. | 393 |
Sec. 1505.07. Subject to the limitation set forth in section | 419 |
1505.08 of the Revised Code, the director of natural resources, | 420 |
with the approval of the director of environmental protection, the | 421 |
attorney general, and the governor, may issue permits and make | 422 |
leases to parties making application for permission to take and | 423 |
remove sand, gravel, stone, and other minerals or substances from | 424 |
and under the bed of Lake Erie other than oil or gas, either upon | 425 |
a royalty or rental basis, as hethe director of natural resources | 426 |
determines to be best for the state. Permits shall be issued for | 427 |
terms of not less than one year nor more than ten years, and | 428 |
leases shall be for a term of years or until the economic | 429 |
extraction of the mineral or other substance covered thereby has | 430 |
been completed. Such taking and removal shall be within certain | 431 |
fixed boundaries that do not conflict with the rights of littoral | 432 |
owners. Upon request from the holder of a permit, it shall be | 433 |
canceled, but in the case of any permit or lease, any equipment or | 434 |
buildings owned by the permittee or lessee shall be held as | 435 |
security by the director of natural resources for payment of all | 436 |
rentals or royalties due the state at the time of cancellation. | 437 |
Sec. 1531.06. (A) The chief of the division of wildlife, | 445 |
with the approval of the director of natural resources, may | 446 |
acquire by gift, lease, purchase, or otherwise lands or surface | 447 |
rights upon lands and waters or surface rights upon waters for | 448 |
wild animals, fish or game management, preservation, propagation, | 449 |
and protection, outdoor and nature activities, public fishing and | 450 |
hunting grounds, and flora and fauna preservation. The chief, with | 451 |
the approval of the director, may receive by grant, devise, | 452 |
bequest, donation, or assignment evidences of indebtedness, the | 453 |
proceeds of which are to be used for the purchase of such lands or | 454 |
surface rights upon lands and waters or surface rights upon | 455 |
waters. | 456 |
(B)(1) The chief shall adopt rules for the protection of | 457 |
state-owned or leased lands and waters and property under the | 458 |
control of the division of wildlife against wrongful use or | 459 |
occupancy that will ensure the carrying out of the intent of this | 460 |
section, protect those lands, waters, and property from | 461 |
depredations, and preserve them from molestation, spoilation, | 462 |
destruction, or any improper use or occupancy thereof, including | 463 |
rules with respect to recreational activities and for the | 464 |
government and use of such lands, waters, and property. | 465 |
(2) The chief may adopt rules benefiting wild animals, fish | 466 |
or game management, preservation, propagation, and protection, | 467 |
outdoor and nature activities, public fishing and hunting grounds, | 468 |
and flora and fauna preservation, and regulating the taking and | 469 |
possession of wild animals on any lands or waters owned or leased | 470 |
or under the division's supervision and control and, for a | 471 |
specified period of years, may prohibit or recall the taking and | 472 |
possession of any wild animal on any portion of such lands or | 473 |
waters. The division clearly shall define and mark the boundaries | 474 |
of the lands and waters owned or leased or under its supervision | 475 |
and control upon which the taking of any wild animal is | 476 |
prohibited. | 477 |
(E) The chief, with the approval of the director, may | 489 |
establish user fees for the use of special public facilities or | 490 |
participation in special activities on lands and waters | 491 |
administered by the division. The special facilities and | 492 |
activities may include hunting or fishing on special designated | 493 |
public lands and waters intensively managed or stocked with | 494 |
artificially propagated game birds or fish, field trial | 495 |
facilities, wildlife nature centers, firearm ranges, boat mooring | 496 |
facilities, camping sites, and other similar special facilities | 497 |
and activities. The chief shall determine whether the user fees | 498 |
are refundable and shall ensure that that information is provided | 499 |
at the time the user fees are paid. | 500 |
(F) The chief, with the approval of the director, may enter | 501 |
into lease agreements for rental of concessions or other special | 502 |
projects situated on state-owned or leased lands or waters or | 503 |
other property under the division's control. The chief shall set | 504 |
and collect the fees for concession rentals or other special | 505 |
projects; regulate through contracts between the division and | 506 |
concessionaires the sale of tangible objects at concessions or | 507 |
other special projects; and keep a record of all such fee payments | 508 |
showing the amount received, from whom received, and for what | 509 |
purpose the fee was collected. | 510 |
(G) The chief may sell or donate conservation-related items | 511 |
or items that promote wildlife conservation, including, but not | 512 |
limited to, stamps, pins, badges, books, bulletins, maps, | 513 |
publications, calendars, and any other educational article or | 514 |
artifact pertaining to wild animals; sell confiscated or forfeited | 515 |
items; and sell surplus structures and equipment, and timber or | 516 |
crops from lands owned, administered, leased, or controlled by the | 517 |
division. The chief, with the approval of the director, also may | 518 |
engage in campaigns and special events that promote wildlife | 519 |
conservation by selling or donating wildlife-related materials, | 520 |
memberships, and other items of promotional value. | 521 |
(H) The chief may sell, lease, or transfer minerals or | 522 |
mineral rights, with the approval of the director, when the chief | 523 |
and the director determine it to be in the best interest of the | 524 |
state. Upon approval of the director, the chief may make, execute, | 525 |
and deliver contracts, including leases, to mine, drill, or | 526 |
excavate iron ore, stone, coal, petroleum, gas, salt, and other | 527 |
minerals, other than oil or gas, upon and under lands owned by the | 528 |
state and administered by the division to any person who complies | 529 |
with the terms of such a contract. No such contract shall be valid | 530 |
for more than fifty years from its effective date. Consideration | 531 |
for minerals and mineral rights shall be by rental or royalty | 532 |
basis as prescribed by the chief and payable as prescribed by | 533 |
contract. Moneys collected under this division shall be paid into | 534 |
the state treasury to the credit of the wildlife habitat fund | 535 |
created in section 1531.33 of the Revised Code. Contracts entered | 536 |
into under this division also may provide for consideration for | 537 |
minerals or mineral rights in the form of acquisition of lands as | 538 |
provided under divisions (A) and (C) of this section. | 539 |
(M) Information contained in the wildlife diversity database | 562 |
that is established pursuant to division (B)(2) of this section | 563 |
and section 1531.25 of the Revised Code may be made available to | 564 |
any individual or public or private agency for research, | 565 |
educational, environmental, land management, or other similar | 566 |
purposes that are not detrimental to the conservation of a species | 567 |
or feature. Information regarding sensitive site locations of | 568 |
species that are listed pursuant to section 1531.25 of the Revised | 569 |
Code and of features that are included in the wildlife diversity | 570 |
database is not subject to section 149.43 of the Revised Code if | 571 |
the chief determines that the release of the information could be | 572 |
detrimental to the conservation of a species or feature. | 573 |