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OHIO STATUTES AND CODES
123.15 Authority to contract - declaration of public exigency.
123.15 Authority to contract - declaration of public exigency.
(A) As used in this section and section 123.21 of the Revised Code, “public exigency” means an injury or obstruction that occurs in any public works and that materially impairs its immediate use or places in jeopardy property adjacent to it; an immediate danger of such an injury or obstruction; or an injury or obstruction, or an immediate danger of an injury or obstruction, that occurs during the process of construction of any public works and that materially impairs its immediate use or places in jeopardy property adjacent to it.
(B) The director of administrative services may enter into contracts with proper persons for the performance of labor, the furnishing of materials, or the construction of any structures and buildings necessary to the maintenance, control, and management of the public works of the state or any part of those public works. Except as provided in division (C) of this section for public exigencies, the director shall advertise, award, and administer those contracts in accordance with the requirements set forth in Chapter 153. of the Revised Code.
(C) The director of administrative services may issue a declaration of a public exigency on the director’s own initiative or upon the request of the director of any state agency. The director’s declaration shall identify the specific injury, obstruction, or danger that is the subject of the declaration and shall set forth a dollar limitation for the repair, removal, or prevention of that exigency under the declaration.
Before any project to repair, remove, or prevent a public exigency under the director’s declaration may begin, the director shall send notice of the project, in writing, to the director of budget and management. That notice shall detail the project to be undertaken to address the public exigency and shall include a copy of the director’s declaration that establishes the monetary limitations on that project.
Effective Date: 09-14-2000