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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

Chapter 308 | Airport Authorities

 
 
 
Section
Section 308.01 | Airport authorities definitions.
 

As used in sections 308.01 to 308.17, inclusive, of the Revised Code:

(A) "Airport" means any location either on land or water which is used for the landing or taking off of aircraft.

(B) "Airport facility" means any facility used, available for use, or designed for use to aid in the safe taking off and landing of aircraft, for the safety, storage, and maintenance of aircraft, for the comfort and accommodation of the users of air transportation of persons, property, and mail, or for the safe and efficient operation and maintenance of an airport, and any combination of such facilities.

(C) "Bonds" or "revenue bonds" includes bonds, notes, bond anticipation notes, or other written instruments evidencing indebtedness.

Section 308.02 | Method of creating regional airport authority.
 

A regional airport authority may be created in the manner provided in section 308.03 of the Revised Code, for the purpose of acquiring, constructing, operating, and maintaining airports and airport facilities.

Section 308.03 | Resolution creating regional airport authority.
 

Any two or more contiguous counties or any single county may create a regional airport authority by the adoption of a resolution by the board of county commissioners of each county to be included in the regional airport authority. Such resolution shall state:

(A) The necessity for the creation of the regional airport authority;

(B) The counties to be included within the regional airport authority;

(C) The official name by which the regional airport authority shall be known;

(D) The place in which the principal office of the regional airport authority will be located or the manner in which it may be selected;

(E) The number, term, compensation if any, and manner of selecting the members of the board of trustees of the regional airport authority;

(F) The manner in which vacancies on the board of trustees of the regional airport authority shall be filled;

(G) The manner and to what extent the expenses of the regional airport authority shall be apportioned among the counties creating it.

The regional airport authority provided for in such resolution shall be deemed to be created upon the adoption of such resolution by the board of county commissioners of each county enumerated in the resolution.

The resolution creating a regional airport authority may be amended to include additional counties or for any other purpose, by the adoption of such amendment by the board of county commissioners of each county included or to be included in the regional airport authority.

The territorial boundaries of a regional airport authority shall be coextensive with the territorial boundaries of the counties included within the regional airport authority.

Section 308.04 | Appointment and organization of board of trustees.
 

Within sixty days after a regional airport authority has been created under section 308.03 of the Revised Code, the board of trustees for such regional airport authority shall be appointed as provided in the resolution creating it.

Each member of the board of trustees, before entering upon the member's official duties, shall take and subscribe to an oath or affirmation that the member will honestly, faithfully, and impartially perform the duties of office, and that the member will not be interested directly or indirectly in any contract let by the regional airport authority. Any contract let by the regional airport authority in which a member of the board of trustees is directly or indirectly interested is void and unenforceable, unless a member with an interest in a contract first discloses the member's interest in writing to the remaining members of the board and the member with the interest refrains from any participation in the matter.

After each member of the board has taken the oath as prescribed by this section the board shall meet and organize by electing one of its members as president and another as vice-president, who shall hold their respective offices until the next annual meeting of the board as provided in its bylaws. At each annual meeting thereafter the board shall elect from its membership a president and a vice-president who shall serve for a term of one year.

The board shall appoint and fix the compensation of a secretary-treasurer, who shall not be a member of the board and who shall serve at the pleasure of the board.

Section 308.05 | Procedural rules and regulations.
 

All the power and authority granted to a regional airport authority shall be vested in and exercised by its board of trustees which shall manage and conduct its affairs.

The board shall, within the limitations of sections 308.01 to 308.17, inclusive, of the Revised Code, by its rules and regulations provide the procedure for its actions, the manner of selection of its president, vice-president, secretary-treasurer, and other officers and employees, their titles, terms of office, compensation, duties, number, and qualifications, and any other lawful subject necessary to the operation of the regional airport authority and the exercise of the powers granted to it.

Section 308.051 | Meeting by interactive video conference or teleconference.
 

(A) The requirement in division (C) of section 121.22 of the Revised Code that a member of a public body be present in person at a meeting open to the public in order to be part of a quorum or to vote does not apply to the board of trustees of a regional airport authority if the board holds the meeting by interactive video conference or by teleconference in the following manner:

(1) The board establishes a primary meeting location that is open and accessible to the public;

(2) Meeting-related materials that are available before the meeting are sent via electronic mail, facsimile, hand-delivery, or United States postal service to each board member;

(3) In the case of an interactive video conference, the board causes a clear video and audio connection to be established that enables all meeting participants at the primary meeting location to see and hear each board member;

(4) In the case of a teleconference, the board causes a clear audio connection to be established that enables all meeting participants at the primary meeting location to hear each board member;

(5) All board members have the capability to receive meeting-related materials that are distributed during a board meeting;

(6) A roll call voice vote is recorded for each vote taken; and

(7) The minutes of the board meeting identify which board members remotely attended the meeting by interactive video c onference or teleconference.

If the board proceeds under this division, use of an interactive video conference is preferred, but nothing in this section prohibits the board from conducting its meetings by teleconference or by a combination of interactive video conference and teleconference at the same meeting.

(B) A regional airport authority board of trustees shall adopt rules necessary to implement this section. At a minimum, the rules shall do all of the following:

(1) Authorize board members to remotely attend a board meeting by interactive video conference or teleconference, or by a combination thereof, in lieu of attending the meeting in person;

(2) Establish a minimum number of board members that must be physically present in person at the primary meeting location if the board conducts a meeting by interactive video conference or teleconference;

(3) Require that not more than one board member remotely attending a board meeting by teleconference is permitted to be physically present at the same remote location;

(4) Establish geographic restrictions for participation in meetings by interactive video conference and by teleconference;

(5) Establish a policy for distributing and circulating meeting-related materials to board members, the public, and the media in advance of or during a meeting at which board members are permitted to attend by interactive video conference or teleconference; and

(6) Establish a method for verifying the identity of a b oard member who remotely attends a meeting by teleconference.

Section 308.06 | Regional airport authority - powers and duties.
 

Upon the creation of a regional airport authority as provided by section 308.03 of the Revised Code, and upon the qualifying of its board of trustees and the election of a president and a vice-president, the authority shall exercise in its own name all the rights, powers, and duties vested in and conferred upon it by sections 308.01 to 308.17 of the Revised Code and, subject to such reservations, limitations, and qualifications as are set forth therein:

(A) May sue or be sued in its corporate name;

(B) May make contracts in the exercise of the rights, powers, and duties conferred upon it;

(C) May adopt and at will alter a seal and use such seal by causing it to be impressed, affixed, reproduced, or otherwise used, but failure to affix the seal shall not affect the validity of any instrument;

(D) May make, adopt, amend, and repeal bylaws for the administration of its affairs and rules for the control of the administration and operation of airports and airport facilities under its jurisdiction, and for the exercise of all of its rights of ownership therein;

(E) May fix, alter, and collect rates and rentals and other charges for the use of airports and airport facilities under its jurisdiction to be determined exclusively by it for the purpose of providing for the payment of the expenses of the regional airport authority, the construction, improvement, extension, repair, maintenance, and operation of airports and airport facilities under its jurisdiction, the payment of principal and interest on its obligations, and to fulfill the terms of any agreements made with the purchasers or holders of any such obligations, or with any person or political subdivision;

(F) Shall have jurisdiction, control, possession, and supervision of all property, rights, easements, licenses, moneys, contracts, accounts, liens, books, records, maps, or other property rights and interests conveyed, delivered, transferred, or assigned to it;

(G) May acquire, construct, lease, operate, maintain, or manage airports and airport facilities within or without its territorial boundaries, considered necessary to accomplish the purposes of its organization;

(H) May hold, encumber, control, acquire by donation, purchase, or condemnation, construct, own, lease as lessee or lessor, use, and sell real and personal property, or any interest or right therein, within or without its territorial boundaries, for the location or protection of airports and airport facilities and improvements and access thereto, the relocation of buildings, structures, and improvements situated on lands acquired by the regional airport authority, or for any other necessary purpose, or for obtaining or storing materials to be used in constructing, maintaining, and improving airports and airport facilities under its jurisdiction;

(I) May exercise the power of eminent domain to acquire property or any interest therein, within or without its territorial boundaries, which is necessary or proper for the construction or efficient operation of any airport or airport facility or access thereto under its jurisdiction in accordance with the provisions of section 308.07 of the Revised Code;

(J) May provide by agreement with any county, including the counties within its territorial boundaries, or any municipal corporation or any combination thereof for the making of necessary surveys, appraisals, and examinations preliminary to the acquisition or construction of any airport or airport facility and the amount of the expense thereof to be paid by each such county or municipal corporation;

(K) May provide by agreement with any county, including the counties within its territorial boundaries, or any municipal corporation or any combination thereof for the acquisition, construction, maintenance, or operation of any airport or airport facility owned or to be owned and operated by it or owned or to be owned and operated by any such county or municipal corporation and the terms on which it shall be acquired, constructed, maintained, or operated, and the amount of the cost and expense thereof to be paid by each such county or municipal corporation; and any such county or municipal corporation may issue bonds in accordance with Chapter 133. of the Revised Code for the purpose of paying all or part of the cost assumed by it for the acquisition or construction of an airport or airport facilities pursuant to such agreement and may pay the proceeds of such bonds to the regional airport authority upon the finding and determination by its legislative authority that the benefits that will be derived from such airport or airport facilities by such county or municipal corporation and the taxpayers thereof are at least equal to its share of the cost thereof;

(L) May issue revenue bonds for the purpose of acquiring or constructing any facility or permanent improvement which it is authorized to acquire or construct, including all costs in connection with and incidental to such acquisition or construction, and the financing thereof, as provided by section 308.08 of the Revised Code;

(M) May employ and fix the compensation of consulting engineers, superintendents, managers, and such other engineering, construction, and accounting experts, attorneys, and other employees and agents necessary for the accomplishment of its purposes;

(N) May procure insurance insuring it or its officers, employees, and agents against such losses, risks, and liabilities arising from the construction, operation, or ownership of airports and airport facilities under its jurisdiction as it deems necessary or desirable;

(O) May maintain such funds as it considers necessary for the efficient performance of its duties;

(P) May direct its agents or employees, when properly identified in writing, after at least five days' written notice, to enter upon lands within or without its territorial boundaries in order to make surveys and examinations preliminary to the location and construction of airports or airport facilities, without liability to it or its agents or employees except for actual damage done;

(Q) May, on its own motion, request the appropriate zoning board, as defined in section 4563.03 of the Revised Code, to establish and enforce zoning regulations pertaining to any airport or airport facility under its jurisdiction in the manner prescribed by sections 4563.01 to 4563.21 of the Revised Code.

Section 308.061 | Contract with prosecuting attorney.
 

The board of trustees of a regional airport authority 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.

Section 308.07 | Eminent domain powers.
 

(A) The board of trustees of a regional airport authority may exercise the power of eminent domain to appropriate any land, rights, rights of way, franchises, easements, or other property, within or without the territorial boundaries of the regional airport authority, necessary or proper for the construction or efficient operation of any airport or airport facility or access thereto under its jurisdiction pursuant to the procedure provided in sections 163.01 to 163.22, inclusive, of the Revised Code, and subject to division (B) of this section.

(B) No regional airport authority shall exercise the right of eminent domain to take or disturb property or facilities belonging to any political subdivision, public corporation, public utility, or common carrier, which property or facility is necessary and convenient in the operation of such political subdivision, public corporation, public utility, or common carrier unless provision is made for the restoration, relocation, or duplication of such property or facility, or upon the election of such political subdivision, public corporation, public utility, or common carrier, for the payment of compensation, if any, at the sole cost of the regional airport authority, provided:

(1) If any restoration or duplication of any property or facility proposed to be made under this division involves a relocation of such property or facility the new facility and location thereof shall be of at least comparable utilitarian value and effectiveness and such relocation shall not impair the ability of the public utility or common carrier to compete in its original area of operation.

(2) If any restoration or duplication of any property or facility proposed to be made under this division involves a relocation of such property or facility, the regional airport authority shall acquire no interest or right in or to the appropriated property or facility until the relocated property or facility is available for use and until marketable title thereto has been transferred to the public utility or common carrier.

Section 308.08 | Issuing revenue bonds.
 

A regional airport authority which proposes to acquire by purchase or otherwise, or proposes to construct, replace, extend, enlarge, maintain, or operate any airport or airport facility, and desires to raise money for any of such purposes or for the purpose of repaying or refunding any outstanding issue of bonds of the regional airport authority or pay any obligation assumed by it or of repaying or refunding any outstanding issue of bonds or notes of any political subdivision issued to acquire, construct, replace, extend, enlarge, or maintain any airport or airport facility acquired by the regional airport authority or repay any advances or loans made to the regional airport authority by any person or political subdivision, may issue revenue bonds therefor which bonds shall not be secured by the general credit of the regional airport authority or by the general credit of the state or any political subdivision.

Such revenue bonds shall have all the qualities of negotiable instruments and shall be secured by a pledge of and a lien on the revenues of the regional airport authority derived from rentals, fees, charges, or other revenues from any airport or airport facility of the regional airport authority as are designated in said resolution, including but not limited to the airport or airport facility to be acquired, constructed, replaced, extended, enlarged, or maintained with the proceeds of said bond issue, after provision only for the reasonable cost of operating, maintaining, and repairing the airport or airport facility of the regional airport authority so designated, and revenue bonds may be secured otherwise or additionally by a pledge of and a lien on such pledges of gifts and receipts from sources other than taxation as may be provided in the resolution authorizing such bonds, the use of which is not otherwise obligated.

Said bonds may further be secured by the covenant of the regional airport authority to maintain such rates or charges as will produce revenues sufficient to meet costs of operating, maintaining, and repairing such airport and airport facility, to meet the interest and principal requirements of such bonds and to establish and maintain reserves for the foregoing purposes.

The board of trustees of the regional airport authority may, by resolution, provide for the issuance of additional revenue bonds from time to time, such bonds to be secured equally and ratably, without preference, priority, or distinction, with outstanding revenue bonds, but subject to the terms and limitations of any trust agreement entered into under section 308.09 of the Revised Code, and of any resolution authorizing bonds then outstanding.

The board may designate additional airports and airport facilities of the regional airport authority, the revenues of which shall be pledged and be subject to a lien for service of the principal and interest requirements of revenue bonds theretofore authorized, to the same extent as the revenues above described.

Section 308.09 | Bonds secured by trust agreement.
 

At the discretion of the board of trustees of a regional airport authority, the revenue bonds of the regional airport authority may be secured by a trust agreement between the board of trustees on behalf of the regional airport authority and a corporate trustee, which trustee may be any trust company or bank having powers of a trust company, within or without the state.

Such trust agreement may provide for the pledge or assignment of the revenues to be received, but shall not convey or mortgage any property under the jurisdiction of the regional airport authority nor pledge the general credit of the regional airport authority. The trust agreement or the resolution providing for the issuance of revenue bonds may set forth the rights and remedies of the bond holders and trustee, and may contain such other provisions for protecting and enforcing their rights and remedies as are, in the discretion of the board of trustees, reasonable and proper. Such agreement or resolution may provide for the custody, investment, and disbursement of all moneys derived from the sale of such bonds or from the revenues of the regional airport authority pledged to pay the interest and principal on such bonds and may provide for the deposit of such funds without regard to the provisions of section 308.12 of the Revised Code.

Section 308.10 | Bond interest, maturity.
 

Revenue bonds issued by a regional airport authority shall bear interest at not to exceed the rate provided in section 9.95 of the Revised Code, shall mature within forty years following the date of issuance and in such amount, at such times, and in such number of installments as may be provided in the resolution authorizing their issuance. Such resolution shall also provide for the execution and sealing of the bonds and the use of facsimile signatures and facsimile of the seal, the manner of sale of the bonds, and such other terms and conditions relative to the issuance, sale, and retirement of said bonds as the board of trustees in their discretion believe reasonable and proper, provided, no such sale shall be made at such price as would require payment of interest on the money received for such bonds at more than the rate provided in section 9.95 of the Revised Code, computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, excluding from any such computation the amount of any premium to be paid on redemption of any bonds prior to maturity.

If such bonds are callable, bonds called may be refunded. If revenues prove insufficient to pay maturing bonds, bonds which have matured or are about to mature may be refunded.

Section 308.11 | Exemption from tax.
 

Bonds issued under sections 308.08 to 308.10, inclusive, of the Revised Code, their transfer, and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation within the state.

Section 308.12 | Duties of fiscal officer.
 

The secretary-treasurer of the regional airport authority shall be the fiscal officer of the regional airport authority and the custodian of its funds and records and shall assist the board of directors in such particulars as it directs in the performance of its duties.

Before receiving any moneys, the sercretary-treasurer shall furnish bond in such amount as is determined by the board of trustees of the regional airport authority with surety satisfactory to it, and all funds coming into the hands of the secretary-treasurer shall be deposited by him to the account of the regional airport authority in one or more such depositories as are qualified to receive deposits of county funds, which deposits shall be secured in the same manner as county funds are required to be secured. No disbursements shall be made from such funds except in accordance with rules and regulations adopted by the board of trustees of the regional airport authority.

Section 308.13 | Competitive bidding.
 

(A) The board of trustees of a regional airport authority or any officer or employee designated by such board may make without competitive bidding any contract for any purchase, lease, lease with option or agreement to purchase any property, or any construction contract for any work, the cost of which shall not exceed fifty thousand dollars. Any purchase, lease, lease with option or agreement to purchase, or construction contract in excess of fifty thousand dollars shall require that a notice calling for bids be published once a week for not less than two consecutive weeks preceding the day of the opening of the bids in a newspaper of general circulation within the territorial boundaries of the regional airport authority. The regional airport authority also may cause notice to be inserted in trade papers or other publications designated by it or to be distributed by electronic means, including posting the notice on the internet site on the world wide web of the regional airport authority. If the contracting authority posts the notice on that internet web site, the requirement that a second notice be published in a newspaper of general circulation within the territorial boundaries of the regional airport authority does not apply provided the first notice published in that newspaper meets all of the following requirements:

(1) It is published at least two weeks prior to the day of the opening of the bids.

(2) It includes a statement that the notice is posted on the internet site on the world wide web of the regional airport authority.

(3) It includes the internet address of the internet site on the world wide web of the regional airport authority.

(4) It includes instructions describing how the notice may be accessed on the internet site on the world wide web of the regional airport authority.

If the bid is for a contract for the construction, demolition, alteration, repair, or reconstruction of an improvement, it shall meet the requirements of section 153.54 of the Revised Code. If the bid is for any other contract authorized by this section, it shall be accompanied by a good and approved bond with ample security conditioned on the carrying out of the contract as determined by the board. The board may let the contract to the lowest and best bidder. Such contract shall be in writing and shall be accompanied by or shall refer to plans and specifications for the work to be done, as approved by the board. The plans and specifications at all times shall be made and considered part of the contract. The contract shall be approved by the board and signed by its chief executive officer and by the contractor, and shall be executed in duplicate.

(B) The competitive bidding procedures described in division (A) of this section do not apply in any of the following circumstances:

(1) The board of trustees of a regional airport authority, by a majority vote of its members present at any meeting, determines that a real and present emergency exists under any of the following conditions, and the board enters its determination and the reasons for it in its proceedings:

(a) Affecting safety, welfare, or the ability to deliver services;

(b) Arising out of an interruption of contracts essential to the provision of daily air services and other services related to the airport;

(c) Involving actual physical damage to structures, supplies, equipment, or property requiring immediate repair or replacement.

(2) The purchase consists of goods or services, or any combination thereof, and after reasonable inquiry the board or any officer or designee of the board finds that only one source of supply is reasonably available.

(3) The expenditure is for a renewal or renegotiation of a lease or license for telecommunications or informational technology equipment, services, or systems, or for the upgrade of such equipment, services, or systems, or for the maintenance thereof as supplied by the original source or its successors or assigns.

(4) The purchase of goods or services is made from another political subdivision, public agency, public transit system, regional transit authority, the state, or the federal government, or as a third-party beneficiary under a state or federal procurement contract, or as a participant in a department of administrative services contract under division (B) of section 125.04 of the Revised Code or under an approved purchasing plan of this state.

(5) The purchase substantially involves services of a personal, professional, highly technical, or scientific nature, including the services of an attorney, physician, engineer, architect, surveyor, appraiser, investigator, adjuster, advertising consultant, or licensed broker, or involves the special skills or proprietary knowledge required for the operation of the airport owned by the regional transit authority.

(6) Services or supplies are available from a qualified nonprofit agency pursuant to sections 4115.31 to 4115.35 of the Revised Code.

(7) The purchase consists of the product or services of a public utility.

Section 308.14 | Authority to contract.
 

The board of trustees of a regional airport authority may enter into such contracts or other arrangements with the United States government or any department thereof, with the state government of this or other states, with counties, municipalities, townships, or other governmental agencies created by or under the authority of the laws of the state of Ohio or other states, with persons, with public corporations and private corporations as may be necessary or convenient for the making of surveys, investigations, or reports thereon and for the exercise of the powers granted by sections 308.01 to 308.17, inclusive, of the Revised Code.

Section 308.15 | Officers and employees are eligible for public employees retirement system.
 

All officers and employees of a regional airport authority shall be considered as public employees within the meaning of section 145.01 of the Revised Code and a regional airport authority, its officers and employees shall be subject to the provisions of Chapter 145. of the Revised Code.

Section 308.16 | Airport authority powers no limit on county or municipal powers.
 

Nothing in sections 308.01 to 308.17, inclusive, of the Revised Code, shall limit the exercise of the power or authority granted to counties or municipal corporations by sections 307.20, 717.01, and 719.01 of the Revised Code.

Section 308.17 | County appropriation for expenses.
 

The board of county commissioners of any county included within a regional airport authority may appropriate annually, from moneys to the credit of the general fund of the county and not otherwise appropriated, that portion of the expense of the regional airport authority to be paid by such county as provided in the resolution creating the regional airport authority adopted under section 308.03 of the Revised Code, or by any amendment thereto.

Section 308.20 | Airport development districts - definitions.
 

As used in sections 308.20 to 308.25 of the Revised Code:

(A) "Qualifying airport" means an airport and any contiguous airport facilities owned, operated, or maintained by any of the following:

(1) A regional airport authority under this chapter, provided the airport and facilities include territory located in two counties, one of which has a population greater than five hundred thousand but less than eight hundred thousand based on the most recent federal decennial census;

(2) A port authority created under Chapter 4582. of the Revised Code by two counties, each of which having a population greater than two hundred thousand but less than two hundred fifty thousand;

(3) A municipal corporation that is the most populous municipal corporation in a county having a population greater than five hundred thousand but less than eight hundred forty thousand. The airport and facilities owned, operated, or maintained by such a municipal corporation may include territory located in two counties.

(B) "Property owner" or "owner of property" means the person or persons in whose name a parcel is listed on the tax list or exempt list compiled by the county auditor under section 319.28 or 5713.08 of the Revised Code.

(C) "Business owner" or "owner of business" means a partner of a partnership, a member of a limited liability company, a majority shareholder of an S corporation, a person with a majority ownership interest in any other kind of pass-through entity, or any officer, employee, or agent with authority to make decisions legally binding upon a business.

(D) "Development charge agreement" means a voluntary agreement entered into under section 308.23 of the Revised Code.

Section 308.21 | Airport development districts - creation.
 

(A) The board of trustees of a regional airport authority, the board of directors of a port authority, or the legislative authority of a municipal corporation that owns, operates, or maintains a qualifying airport may, by resolution adopted before January 1, 2024, create an airport development district for the purpose of developing and implementing plans for public infrastructure improvements that benefit the qualifying airport and to finance expenditures to attract or retain airlines, increase the number of scheduled flights to and from the qualifying airport, or increase use of the airport by aircraft having greater passenger capacity or greater first-class seating availability. The resolution shall include a development plan for the district that, at minimum, specifies all of the following:

(1) The manner in which the nonprofit corporation that is to govern the district will be formed, operated, and organized;

(2) The manner in which the board of directors of the nonprofit corporation that is to govern the district are appointed;

(3) A plan for the public infrastructure improvements and other expenditures to be financed by the district;

(4) A description of the territory of the district, which shall consist of all parcels of real property that are located within five miles of the qualifying airport. For the purpose of this division, a parcel is located within five miles of a qualifying airport if the distance between any portion of the parcel and any portion of the qualifying airport is five miles or less.

(B) After adopting a resolution under division (A) of this section, the board of trustees of the regional airport authority, board of directors of the port authority, or legislative authority of the municipal corporation shall submit a copy to the director of development services.

(C) An airport development district is not a political subdivision for any purpose prescribed in the Revised Code. A district shall be considered a public agency under section 102.01 of the Revised Code and a public authority under section 4115.03 of the Revised Code. Districts are subject to sections 121.22 and 121.23 of the Revised Code, but are not subject to sections 121.81 to 121.83 of the Revised Code.

Section 308.22 | Airport development districts - governance.
 

(A) An airport development district shall be governed by the board of trustees of a nonprofit corporation which shall be known as the board of directors of the airport development district. Initially, the board shall consist of three directors appointed by the board of trustees of the regional airport authority, the board of directors of the port authority, or the legislative authority of the municipal corporation that owns, operates, or maintains the qualifying airport. One year after the resolution creating the district is adopted, or thirty days following the date that the owner or owners of at least four parcels within the district or businesses operating within the district, collectively, have entered into development charge agreements, whichever is later, an additional four directors shall be appointed to the board by the owners of property within the district and businesses operating within the district that are subject to a development charge agreement, in the manner specified in the resolution creating the district. All appointments shall be made in accordance with any applicable rules, regulations, and guidelines of the federal aviation administration.

(B) Notice of the time, date, place, and agenda for any meeting of the board of directors of the airport development district shall be by written notice to each director, transmitted by certified mail, personal service, or electronic device before the meeting. If possible, the notice shall be served at least one week before the meeting. The board of directors shall act by a majority vote of those present and authorized to vote at any meeting where proper notice has been served.

Before making any expenditure, including those authorized under section 308.25 of the Revised Code, the board of directors of the airport development district shall notify the board of trustees of the regional airport authority, board of directors of the port authority, or legislative authority of the municipal corporation that owns, operates, or maintains the qualifying airport of the proposed expenditure. The expenditure shall not be made unless the board of trustees of the regional airport authority, board of directors of the port authority, or legislative authority of the municipal corporation adopts and certifies a resolution to the board of directors of the airport development district approving the expenditure.

(C) The board of directors of the airport development district shall elect a chairperson, vice-chairperson, secretary, and treasurer of the board. These officers shall serve at the board's pleasure. A director may be elected to more than one office, except that the director elected as treasurer shall not be elected to any other office of the board.

(D) By the first day of March of each year the treasurer shall submit a report of the district's activities and financial condition for the preceding year to the owners of all property that is, and businesses that are subject to a development charge agreement and to the board of trustees of the regional airport authority, board of directors of the port authority, or legislative authority of the municipal corporation that owns, operates, or maintains the qualifying airport.

(E) Membership on the board of directors of the airport development district shall not be considered holding a public office. Directors and their designees shall be entitled to the immunities provided by Chapter 1702. of the Revised Code and to the same immunity as an employee under division (A)(6) of section 2744.03 of the Revised Code, except that directors and their designees shall not be entitled to the indemnification provided in section 2744.07 of the Revised Code.

(F) District officers, directors, and their designees or proxies, and each officer and employee of a district shall be considered a public official or employee under section 102.01 of the Revised Code and a public official and public servant under section 2921.42 of the Revised Code but are not required to file a statement with the Ohio ethics commission under section 102.02 of the Revised Code. All records of the district shall be treated as public records under section 149.43 of the Revised Code, except that records of organizations contracting with a district shall not be considered to be public records under that section or section 149.431 of the Revised Code solely by reason of that contract.

Section 308.23 | Airport development districts - organization and powers.
 

(A) Except as otherwise provided in this section, the nonprofit corporation that governs an airport development district shall be organized in the manner described in Chapter 1702. of the Revised Code. The nonprofit corporation may do the following:

(1) Exercise all powers of nonprofit corporations granted under Chapter 1702. of the Revised Code that do not conflict with this chapter;

(2) Develop, adopt, revise, implement, and repeal plans for public infrastructure improvements that benefit the qualifying airport that is encompassed by or contiguous to the district and make expenditures to attract or retain airlines, increase the number of scheduled flights to and from the qualifying airport, or increase use of the airport by aircraft having greater passenger capacity or greater first-class seating availability;

(3) Contract with any person, community improvement corporation, or state agency or with a political subdivision as defined in section 2744.01 of the Revised Code to develop, manage, or implement all or part of the development plan for the district;

(4) Contract and pay for insurance for the district and for directors, officers, agents, contractors, employees, or members of the district for any consequences of the implementation of any plan adopted by the district or any actions of the district;

(5) Negotiate and enter into voluntary development charge agreements with the owner or owners of any parcel of real property located in the district and the owner or owners of any business that operates within the district, whereby the owner or owners agree to subject the property or business to a development charge levied by the board and the board agrees to use the proceeds of that charge for the purposes described in the development plan for the district;

(6) Impose and collect development charges against real property located in the district and businesses operating within the district pursuant to such voluntary development charge agreements.

(B)(1) A development charge agreement shall specify the amount and duration of the development charge and, if the agreement is between the board and the owner or owners of a business, the manner in which the development charge is to be collected. The duration of the development charge prescribed by the initial agreement shall be for a specified period of ten or more years, or for a continuing period of time. The development charge shall not be collected after the dissolution of the district under section 308.25 of the Revised Code.

(2) The board shall annually certify the amount of each development charge imposed by an agreement under this section to the owner or owners of the parcel or business subject to the charge.

(a) If the development charge is imposed on a parcel of land, the board shall also certify the amount of the charge to the county auditor of the county in which the parcel is located. The county auditor shall enter the charge on the tax list opposite the parcel against which it is charged, and certify the charge to the county treasurer. The charge shall be charged and collected in the same manner as real property taxes and shall be treated in the same manner as real property taxes for all purposes of the lien described in section 323.11 of the Revised Code, including the priority and enforcement of the lien. Money collected from the charge shall be paid immediately to the board of directors of the district. The county treasurer shall maintain a record of all payments of charges under this section.

(b) If the development charge is imposed on a business, it shall be collected in the manner prescribed by the agreement.

(3) The board may negotiate and enter into as many development charge agreements as are necessary or useful in serving the principal purposes and goals described in the development plan for the district. One agreement may impose a development charge on more than one parcel or more than one business only if the owner or owners of all such parcels or businesses approve the agreement. A development charge imposed on a parcel of land shall not be included in the same agreement as a development charge imposed on a business.

(4) An agreement may be amended for the purpose of imposing the development charge on additional parcels or additional businesses by a majority vote of the board and approval of the owner or owners of the additional parcels or additional businesses. An agreement may be rescinded or may be amended for any purpose other than imposing the development charge on additional parcels or additional businesses by a majority vote of the board and approval of the owner or owners of every parcel or every business that is subject to the agreement.

(C)(1) A development charge agreement is hereby deemed to be a covenant running with each parcel of land that is subject to the agreement. The covenant is fully binding on behalf of and enforceable by the board of directors of the district against any person that owns the land at the time the agreement is executed, any person who subsequently acquires an interest in the land, and all successors and assigns of such persons.

(2) No purchase agreement for real estate or any interest in real estate that is subject to a development charge agreement shall be enforceable by the seller or binding upon the purchaser unless the purchase agreement specifically refers to the agreement and any associated development charge. If a conveyance of such real estate or interest in such real estate is made pursuant to a purchase agreement that does not make such reference, the agreement shall continue to be a covenant running with the land fully binding on behalf of and enforceable by the board of directors of the district against the person accepting the conveyance pursuant to the purchase agreement.

(D) In addition to meeting the requirements for articles of incorporation set forth in Chapter 1702. of the Revised Code, the articles of incorporation for the nonprofit corporation governing an airport development district shall provide all the following:

(1) The name of the district, which shall include the name of the qualifying airport that is encompassed by the district;

(2) A description of the territory included within the district that is specific enough to enable property owners to determine if their property is located within the district and business owners to determine if their business operates within the district;

(3) The full text of the resolution creating the district, the development plan for the district, and any amendments to that plan that are subsequently adopted by the board of directors of the district;

(4) A description of the procedure by which the articles of incorporation and the development plan for the district may be amended, which shall conform to the requirements of division (F) of this section;

(5) The reasons for creating the district and an explanation of how the district will be conducive to the public health, safety, peace, convenience, and welfare of the district.

(E) The articles of incorporation shall be filed in the secretary of state's office. The secretary of state shall not accept articles that do not meet the requirements of this chapter.

(F) Neither the articles of incorporation nor the development plan for the airport development district shall be amended without first obtaining the approval of (1) the majority of the members of the board of directors of the district, (2) the owners of at least sixty per cent of the collective number of parcels of real property and businesses that are subject to development charge agreements, and (3) the majority of the members of the board of trustees of the regional airport authority, board of directors of the port authority, or legislative authority of the municipal corporation that owns, operates, or maintains the qualifying airport. All amendments to the articles shall be filed with the secretary of state along with documentation sufficient to prove that the requirements of this division have been met.

Section 308.24 | Airport development districts - expenditures.
 

(A) The expenditures of an airport development district may include the following:

(1) The cost of creating and operating the district under this chapter, including creating and operating a nonprofit organization organized under this chapter, hiring employees and professional services, contracting for insurance, and purchasing or leasing office space or office equipment;

(2) The cost of planning, designing, and implementing public infrastructure improvements that benefit the qualifying airport, including payment of architectural, engineering, legal, appraisal, insurance, consulting, energy auditing, and planning fees and expenses, and, for public services, the management, protection, and maintenance costs of public or private facilities;

(3) The cost of airport advertising, airline recruitment, market research, ticket purchase guarantees, and incentives designed to attract or retain airlines, increase the number of scheduled flights to and from the qualifying airport, or increase use of the airport by aircraft having greater passenger capacity or greater first-class seating availability;

(4) Any court costs incurred by the district in implementing the plan outlined in the articles of incorporation; and

(5) Any damages resulting from implementing that plan.

(B) The expenditures of an airport development district shall not include financing, in whole or in part, the acquisition of any interest in property by a regional airport authority, port authority, or municipal corporation using the power of condemnation or eminent domain pursuant to Section 19 of Article I, Ohio Constitution, or any costs associated with such an acquisition.

(C) The board of directors of an airport development district is subject to the same competitive bidding and prevailing wage rules and procedures that apply to the board of trustees of the regional airport authority, the board of directors of the port authority, or the legislative authority of the municipal corporation that owns, operates, or maintains the qualifying airport.

Section 308.25 | Airport development districts - dissolution.
 

(A) An airport development district exists until it is dissolved under this section. The process for dissolving an airport development district or repealing a development plan may be initiated by a petition filed with the board of directors of the district and signed by the owners of at least twenty per cent of the collective number of parcels of real property and businesses that are subject to development charge agreements.

(B) The board of directors of the district shall organize and hold a meeting to consider the petition not later than forty-five days after it is filed. The board shall notify each owner of property or a business that is subject to a development charge agreement of the time, place, and subject of the meeting at least two weeks before the meeting is held. Upon the affirmative vote of the owners of at least fifty per cent of the collective number of parcels and businesses subject to a development charge agreement, the district shall be dissolved, or the plan shall be repealed, as applicable. The dissolution of a district shall not be finalized until all debts and obligations of the district are paid in full.

(C) No rights or obligations of any person under any contract shall be affected by the dissolution of the district or the repeal of a development plan, except with the consent of that person or by order of a court with jurisdiction over the matter. Upon dissolution of a district, any assets or rights of the district, after payment of all obligations of the district, shall be returned to the property and business owners, prorated to reflect the amount of development charges collected on the owner's property in the preceding twelve months.

(D) Once the property and business owners have approved the repeal of a development plan, all obligations of the district associated with the plan shall be paid. Thereafter, the plan shall be repealed.