Ohio § 5540.03

§ 5540.03.

(A) A transportation improvement district may: (1) Adopt bylaws for the regulation of its affairs and the conduct of its business; (2) Adopt an official seal; (3) Sue and be sued in its own name, plead and be impleaded, provided any actions against

the district shall be brought in the court of common pleas of the county in which

the principal office of the district is located, or in the court of common pleas of

the county in which the cause of action arose, and all summonses, exceptions, and

notices of every kind shall be served on the district by leaving a copy thereof at

its principal office with the secretary-treasurer; (4) Purchase, fund, finance, construct, maintain, repair, sell, exchange, police, operate,

or lease projects; (5) Issue either or both of the following for the purpose of providing funds to pay the

costs of any project or part thereof: (a) Transportation improvement district revenue bonds; (b) Bonds pursuant to Section 13 of Article VIII, Ohio Constitution . (6) Maintain such funds as it considers necessary; (7) Direct its agents or employees, when properly identified in writing and after at

least five days' written notice, to enter upon lands within its jurisdiction to make

surveys and examinations preliminary to the location and construction of projects

for the district, without liability of the district or its agents or employees except

for actual damage done; (8) Make and enter into all contracts and agreements necessary or incidental to the performance

of its functions and the execution of its powers under this chapter; (9) Employ or retain or contract for the services of consulting engineers, superintendents,

managers, and such other engineers, construction and accounting experts, auditors,

financial advisers, trustees, marketing, remarketing, and administrative agents, attorneys,

and other employees, independent contractors, or agents as are necessary in its judgment

and fix their compensation, provided all such expenses shall be payable solely from

the proceeds of bonds or from revenues; (10) Receive and accept from the federal or any state or local government, including,

but not limited to, any agency, entity, or instrumentality of any of the foregoing,

loans and grants for or in aid of the construction, maintenance, or repair of any

project, and receive and accept aid or contributions from any source or person of

money, property, labor, or other things of value, to be held, used, and applied only

for the purposes for which such loans, grants, and contributions are made.  Nothing in division (A)(10) of this section shall be construed as imposing any liability

on this state for any loan received by a transportation improvement district from

a third party unless this state has entered into an agreement to accept such liability. (11) Acquire, hold, and dispose of property in the exercise of its powers and the performance

of its duties under this chapter; (12) Establish and collect tolls or user charges for its projects; (13) Subject to section 5540.18 of the Revised Code , enter into an agreement with a contiguous board of county commissioners other than

the board of county commissioners that created the transportation improvement district,

for the district to exercise all or any portion of its powers with respect to a project

that is located wholly or partially within the county that is party to the agreement; (14) Cooperate with any governmental agencies in the planning, design, acquisition, construction,

maintenance, funding, and financing of projects, including qualifying projects.  In doing so, the district may enter into agreements with other governmental agencies

to plan, design, acquire, construct, maintain, fund, and finance the projects or qualifying

projects and to use pledged or assigned sales and use tax revenue to pay the debt

service on qualifying bonds. (15) Enter into an agreement with the board of county commissioners that created the transportation

improvement district and with the boards of county commissioners of any contiguous

group of counties to exercise all powers of the district with respect to a project

that is both of the following: (a) Located partially or wholly within any county that is a party to the agreement; (b) Partially funded with federal money. (16) Do all acts necessary and proper to carry out the powers expressly granted in this

chapter. (B)(1) Chapters 123., 124., 125., and 153., and sections 9.331 to 9.335 and 307.86 of the Revised Code do not apply to contracts or projects of a transportation improvement district. (2) A transportation improvement district is subject to sections 4115.03 to 4115.21 and 4115.99 of the Revised Code , unless the amount of state or local government funds, including, but not limited

to, those provided by any agency, entity, or instrumentality of the state or a local

government as described in division (A)(10) of this section received for the contract

or project, is, in the aggregate, less than the amounts described in or calculated

under section 4115.03 of the Revised Code . (C) A transportation improvement district may contract with the prosecuting attorney

of a county, as provided in section 309.09 of the Revised Code , to obtain legal services from the prosecuting attorney.