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Real Property Successor Trustee Affidavit
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Section 746.01 | Ferguson Act of 1869; definitions.

....B. 69 of the 112th general assembly as successor to a board of trustees that was established by the Ferguson Act of 1869.

Section 746.02 | Sale of railway; submission to electors.

...(A)(1) A railway board of trustees may solicit or receive offers for, and sell, all or any portion of a railway in accordance with the provisions of this chapter. The board of trustees may approve and enter into a sale agreement by adopting a resolution that shall include the terms of the proposed sale, and the method that will be used to determine the minimum annual amount to be transmitted to the municipal corporat...

Section 746.03 | Railway proceeds trust fund.

...(A) A railway board of trustees that sells a railway or any portion of a railway under section 746.02 of the Revised Code shall establish a railway proceeds trust fund for the purpose of receiving the net proceeds of the sale. The municipal corporation that owned the railway or portion of the railway before the sale shall be the sole beneficiary of the trust fund. Any funds in the trust fund shall not be considered p...

Section 746.04 | Trust fund investment criteria; board obligations.

...(A) A railway board of trustees that establishes a trust fund under section 746.03 of the Revised Code may invest and reinvest the moneys and assets held in the trust fund, subject to this chapter. The railway board of trustees shall invest and reinvest under the prudent investor standard of care, as described in section 5809.02 of the Revised Code. (B) The railway board of trustees shall retain at least one indepe...

Section 746.05 | Fund disbursement to municipal corporation.

...mber of each year, the railway board of trustees shall certify to the municipal corporation the principal amount remaining in the trust fund, and the amount of funds that the railway board of trustees will disburse to the municipal corporation over the course of the municipal corporation's immediately following fiscal year. During the municipal corporation's immediately following fiscal year, and with such frequency ...

Section 746.06 | Use of funds by municipal corporation.

...(A) As used in this section: "Debt service" means the principal, interest, and redemption premium payments, and any deposits pertaining thereto, required with respect to bonds. "Existing infrastructure improvements" means streets, bridges, municipal buildings, parks and green space, site improvements, recreation facilities, improvements for parking purposes, and any other public facilities that are owned by a mun...

Section 746.07 | Earnings and income from lease of railway.

...All net earnings and income from the lease of a railway established under the Ferguson Act of 1869 shall be paid into the treasury of the municipal corporation that established the railway, to the credit of the sinking fund or bond retirement fund.

Section 947.01 | Property identification definitions.

...As used in this chapter: (A) "Brand" means a distinctive design, mark of identification, or number that is applied to the hide of livestock by a hot iron or other humane method approved by the director of agriculture and is currently registered under section 947.02 of the Revised Code. (B) "Livestock" means cattle, sheep, goats, and other animals of the family bovidae, swine and other animals of the family su...

Section 947.02 | Central registry of livestock brands.

...(A) The director of agriculture shall record livestock brands and maintain a central registry of brands. The director shall publish a booklet of brands registered pursuant to this section, containing a facsimile of each registered brand and the name and address of the individual to whom it is registered. The director shall update or supplement the booklet at least once annually and shall provide copies of the booklet...

Section 947.03 | Reregistration of brands.

... 947.02 of the Revised Code is personal property of the person in whose name it is registered and may be sold, assigned, transferred, or bequeathed or pass under the laws of descent and distribution as other personal property. However, the buyer or other assignee or transferee of a currently registered brand shall apply to the director of agriculture on a form prescribed and provided by the director for the reregistr...

Section 947.04 | Bill of sale for branded livestock sales - waybill or bills of lading for transported livestock.

...(A) A person who sells livestock branded with a brand shall execute to the purchaser a written bill of sale bearing the signature and residence of the seller, the name and address of the purchaser, the total number of livestock sold, a description of each animal sold as to sex and kind, and identification of the brand and shall give a copy of the bill of sale to each hauler of livestock, other than railroads, to acco...

Section 947.05 | Livestock brand offenses.

...(A) No person, with purpose to deprive the owner of livestock and without privilege to do so, shall knowingly apply a brand to livestock owned by another or knowingly destroy or alter a brand on livestock owned by another. (B) No person shall knowingly offer to sell, sell, purchase, or transport livestock on which a brand has been destroyed or altered for the purpose of depriving the owner of the livestock. (C) No ...

Section 947.06 | Administrative rules.

...(A) The director of agriculture shall adopt rules, subject to Chapter 119. of the Revised Code, to implement, administer, and enforce this chapter. No person shall violate such a rule of the director. (B) In cooperation with law enforcement officers in this and other states, the director shall develop a uniform procedure for notifying livestock marketing and slaughtering establishments of reported livestock thefts a...

Section 947.11 | Identification number registration for farm equipment, livestock and grain - fund.

...The director of agriculture may, by rule adopted under Chapter 119. of the Revised Code, establish and administer a program for registering identification numbers for farm equipment, livestock, and grain. The rules may provide for a central registry of identification numbers, the transfer, renewal, reinstatement, and reregistration of numbers, for fees, assuring that registrants are entitled to exclusive use of a num...

Section 947.99 | Penalty.

...(A) Whoever violates section 947.04 of the Revised Code is guilty of a misdemeanor of the second degree. (B) Whoever violates division (A) or (B) of section 947.05 of the Revised Code is guilty of a felony of the fourth degree. (C) Whoever violates division (C) of section 947.05 of the Revised Code is guilty of a misdemeanor of the first degree. (D) Whoever violates division (D) of section 947.05 of the Revised Co...