Effective: October 20, 1994
Latest Legislation: House Bill 250 - 120th General Assembly
To accomplish the public policies and purposes and to meet the responsibility of the state as set forth in this chapter, the Ohio rail development commission may directly undertake and implement and make loans to qualifying subdivisions, local or regional transportation authorities, and other persons for the acquisition, renovation, repair, refunding, or construction of rail service projects by such qualifying subdivisions and local or regional transportation authorities, and may issue bonds, payable solely from revenues, to pay the cost of, or finance, in whole or in part, rail service projects of the commission or loans to any person, qualifying subdivision, or local or regional transportation authority. A project shall not be undertaken unless it has been determined by the commission, based upon information provided to it by the qualifying subdivision, local or regional transportation authority, or other person or agency charged or empowered by law with the responsibility of reporting, to be consistent with any applicable requirements of law. Any resolution of the commission providing for making a loan for any permitted loan purpose or execution of any participation agreement pursuant to this chapter shall include a finding by the commission that such determinations have been made. A participation agreement may be entered into between the commission and each qualifying subdivision, local or regional transportation authority, or other person to which a loan is made or from which bonds are purchased for the acquisition, renovation, repair, or construction of a rail service project, which participation agreement shall include, without limitation, all of the following provisions:
(A) The cost of such project, the amount of the loan or bond purchase, the terms of repayment of such loan or bond purchase and the security therefor;
(B) The specific purposes for which the proceeds of the loan or bond purchase shall be expended, the procedures as to the disbursements of loan or bond purchase proceeds, and the duties and obligations imposed upon the qualifying subdivision, local or regional transportation authority, or other person in regard to the construction, renovation, repair, refunding, or acquisition of the project;
(C) The agreement of the qualifying subdivision, local or regional transportation authority, or other person to raise the funds of provide sufficient credit or guarantee for repayment, through levy, pursuant to an election, contract, lease, fee charges, or otherwise;
(D) The agreement of the qualifying subdivision, local or regional authority, or other person to provide the opinion of its counsel that the obligations of the qualifying subdivision, local or regional transportation authority, or other person comply with all applicable laws, rules, and regulations issued by the commission or other state, federal, or local bodies in regard to the construction, repair, renovation, funding, refunding, or acquisition of the project.
Structure Ohio Revised Code
Chapter 4981 | Rail Development Commission
Section 4981.01 | Rail Development Commission Definitions.
Section 4981.02 | Ohio Rail Development Commission.
Section 4981.03 | Duties of Rail Development Commission.
Section 4981.031 | Applying for Federal Loans.
Section 4981.032 | Issuing Grants and Loans.
Section 4981.033 | Indemnification - Liability Insurance Coverage.
Section 4981.05 | Application for Loans or Other Assistance.
Section 4981.06 | Acquiring Property, Facilities, or Equipment.
Section 4981.07 | Restoration, Repair, Relocation, or Upgrading Rail Property.
Section 4981.08 | Sale, Transfer, or Lease of Rail Property.
Section 4981.09 | Rail Development Fund.
Section 4981.091 | Federal Rail Fund.
Section 4981.10 | Conditions for Purchasing Property, Facilities or Equipment.
Section 4981.11 | Bond Proceedings Definitions.
Section 4981.12 | Financing Rail Service.
Section 4981.13 | Issuing Loans and Bonds to Finance Rail Projects.
Section 4981.131 | Borrowing and Bond Power Not Exclusive.
Section 4981.14 | Powers of Rail Development Commission.
Section 4981.15 | Bonds Not a Debt of State.
Section 4981.16 | Determinations in Connection With Issuance of Bonds.
Section 4981.17 | Securing Bonds by Trust Agreement or Indenture of Mortgage.
Section 4981.18 | Protection and Enforcement of Rights of Bondholder and Trustees.
Section 4981.19 | Bonds Are Lawful Investments.
Section 4981.21 | Special Assessment Installments.
Section 4981.22 | Issuing Refunding Bonds.
Section 4981.24 | Conveying Public Property to Rail Development Commission.
Section 4981.25 | Designation of Corporation as Agent of State.
Section 4981.26 | Waiver of Other Laws.
Section 4981.28 | Development of Rail Service by Private Corporations.
Section 4981.29 | Encouraging Private Participation.
Section 4981.30 | Applying for and Award of Franchises.
Section 4981.31 | Franchise for Rail System.
Section 4981.32 | Authority Granted by Franchise Agreement.
Section 4981.33 | Review and Monitoring of Franchisee.