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Port Authorities in Ohio

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The State of Ohio allows its Counties to establish Port Authorities to accomplish their economic development objectives pursuant to Sections 4582.201 to 4582 59 of the Ohio Revised Code. A Port Authority is a separate body corporate and politic governed by a Board of Directors Jurisdiction is to include all of the areas of the political subdivision creating it. A Port Authority created solely by a County may have as many members on the Authority's Board of Directors as the County deems necessary. Each Director must be either a qualified elector of the County or have his/her business or place of employment in the political jurisdiction of the Port Authority for a least three years preceding appointment.

Port Authorities are given broad statutory powers to participate in economic development projects. Those powers include the following:

  • Ability to acquire, construct, enlarge, maintain, sell, lease, or operate Port Authority facilities.

  • Ability to make available the use of any Port Authority facility to one or more persons or businesses.

  • Ability to issue Port Authority revenue bonds for the purpose of paying the costs of any Port Authority facilities

  • Pursuant to Article III, Section 13 of the Ohio Constitution and pursuant to the purpose of creation or preservation of jobs and employment opportunities.

  • Ability to make application in order to establish, operate and maintain foreign trade zones within the jurisdiction of the Port Authority and to establish, operate and maintain such zones.

  • Ability to promote and publicize the Port Authority and its facilities.

  • Ability to acquire by gift or purchase, and to hold, lease or dispose of real and personal property.

  • Ability to accept federal grants to aid in the construction of any Port Authority facility.

  • Ability to accept aid or contributions including money, property, labor or other items of value.

  • Ability to do all activities necessary and proper to carry out the powers explicitly granted in Sections 4582.21 to 4582.59 of the Ohio Revised Code.

Further, the legislative authority of any municipal corporation, county, township, school district or other political subdivision may convey or lease to, or exchange with, any Port Authority, without competitive bidding, and on mutually agreeable terms, any property which is not needed for the purposes of the grantor, to be used by the Port Authority for its purposes.

The statutes also provide that any county creating a Port Authority may appropriate and expend public funds to finance or subsidize the operation of the Port Authority.

Section 4582.43, Ohio Revised Code, provides that a county is permitted to cooperate with the Port Authority in the acquisition or construction of Port Authority facilities and is authorized to enter into such agreements, as may be appropriate providing for the ownership and control of the facilities. Those agreements may authorize the construction of the facilities by one of the parties acting as agent for all of the parties, and can provide for the ownership and control of the facility by the Port Authority.

The county is also authorized to enter into such agreements as may be appropriate to provide for contributions by the parties in such proportion as may be agreed upon by the County and the Port Authority.

Subject to voter approval, Port Authorities are authorized to levy a property tax upon the property within its jurisdiction for all it purposes, including debt service charges, not in excess of one mill annually, for up to five years. When the tax is for the payment of debt service charges, it must be for the life of the debt

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