Ohio § 6123.13

§ 6123.13.

The Ohio water development authority may charge, alter, and collect rentals or other

charges for the use or services of any development project and contract in the manner

provided by this section with one or more persons, one or more governmental agencies,

or any combination thereof, desiring the use or services thereof, and fix the terms,

conditions, rentals, or other charges for such use or services.  Such rentals or other charges shall not be subject to supervision or regulation

by any other authority, commission, board, bureau, or agency of the state and such

contract may provide for acquisition by such person or governmental agency of all

or any part of such development project for such consideration payable over the period

of the contract or otherwise as the authority in its sole discretion determines to

be appropriate, but subject to the provisions of any resolution authorizing the issuance

of development revenue bonds or notes or development revenue refunding bonds of the

authority or any trust agreement securing the same.  Any governmental agency which has power to construct, operate, and maintain development

facilities may enter into a contract or lease with the authority whereby the use or

services of any development project of the authority will be made available to such

governmental agency and pay for such use or services such rentals or other charges

as may be agreed to by the authority and such governmental agency. Any governmental agency or combination thereof may cooperate with the authority in

the acquisition or construction of a development project and shall enter into such

agreements with the authority as are necessary, with a view to effective cooperative

action and safeguarding of the respective interests of the parties thereto, which

agreements shall provide for such contributions by the parties thereto in such proportion

as may be agreed upon and such other terms as may be mutually satisfactory to the

parties including, without limitation, the authorization of the construction of the

project by one of the parties acting as agent for all of the parties;  the ownership

and control of the project by the authority to the extent necessary or appropriate

for purposes of the issuance of development revenue bonds by the authority;  contracting

for the operation, leasing, or subleasing for such term and with such person or governmental

agency as may be agreed upon;  and the sale or other disposition of such project to

such governmental agency as may be agreed upon.  The authority shall not enter into such a cooperative agreement with any governmental

agency if the authority determines that the project to be acquired or constructed

under the agreement would undermine the financial feasibility of an existing development

project acquired or constructed under a cooperative agreement between the authority

and another governmental agency because the proposed project would serve substantially

the same geographic area as the existing project.  Any governmental agency may provide the funds for the payment of such contribution

as is required under such agreements by the levy of taxes, assessments, or rentals

and other charges for the use of the utility system of which the development project

is a part or to which it is connected, if otherwise authorized by the laws governing

such governmental agency in the construction of the type of development project provided

for in the agreements, and may pay the proceeds from the collection of such taxes,

assessments, utility rentals, or other charges to the authority pursuant to such agreements;

 or the governmental agency may issue bonds or notes, if authorized by such laws,

in anticipation of the collection of such taxes, assessments, utility rentals, or

other charges and may pay the proceeds of such bonds or notes to the authority pursuant

to such agreements.  In addition any governmental agency may provide the funds for the payment of such

contribution by the appropriation of money or, if otherwise authorized by law, by

the issuance of bonds or notes and may pay such appropriated money or the proceeds

of such bonds or notes to the authority pursuant to such agreements.  The agreement by the governmental agency to provide such contribution, whether from

appropriated money or from the proceeds of such taxes, assessments, utility rentals,

or other charges, or such bonds or notes, or any combination thereof, is not subject

to Chapter 133. of the Revised Code or any regulations or limitations contained therein.  The proceeds from the collection of such taxes or assessments, and any interest

earned thereon, shall be paid into a special fund immediately upon the collection

thereof by the governmental agency for the purpose of providing such contribution

at the times required under such agreements. When the contribution of any governmental agency is to be made over a period of time

from the proceeds of the collection of special assessments, the interest accrued and

to accrue before the first installment of such assessments is collected, which is

payable by such governmental agency on such contribution under the terms and provisions

of such agreements, shall be treated as part of the cost of the improvement for which

such assessments are levied, and that portion of such assessments as are collected

in installments shall bear interest at the same rate as such governmental agency is

obligated to pay on such contribution under the terms and provisions of such agreements

and for the same period of time as the contribution is to be made under such agreements.  If the assessment or any installment thereof is not paid when due, it shall bear

interest until the payment thereof at the same rate as such contribution and the county

auditor shall annually place on the tax list and duplicate the interest applicable

to such assessment and the penalty and any additional interest thereon as otherwise

authorized by law. Any governmental agency, pursuant to a favorable vote of the electors in an election

held before or after July 13, 1970 for the purpose of issuing bonds to provide funds

to acquire, construct, or equip, or provide real estate and interests in real estate

for, a solid waste facility, whether or not such governmental agency, at the time

of such election, had the authority to pay the proceeds from such bonds or notes issued

in anticipation thereof to the authority as provided in this section, may issue such

bonds or notes in anticipation of the issuance thereof and pay the proceeds thereof

to the authority in accordance with its agreement with the authority;  provided, that

the legislative authority of the governmental agency finds and determines that the

solid waste facility to be acquired or constructed by the authority in cooperation

with such governmental agency will serve the same public purpose and meet substantially

the same public need as the facility otherwise proposed to be acquired or constructed

by the governmental agency with the proceeds of such bonds or notes.