Ohio Administrative Code
Title 3356 - Youngstown State University
Chapter 3356-4 - University Property and Use of Equipment
Section 3356-4-05 - Acquisition of real estate
Universal Citation: OH Admin Code 3356-4-05
Current through all regulations passed and filed through September 16, 2024
(A) Policy statement. The board of trustees designates the geographical area in the vicinity of the campus within which the university may seek to acquire real estate. A willing seller/buyer approach will be used as a guiding principle on the acquisition of property. Authority to negotiate preliminary purchases of real estate is delegated to the president and/or designee. Final approval to acquire real estate rests with the board of trustees. (Nothing in this policy statement shall be construed as to limit the authority of the board or of its finance and facilities committee .)
(B) Parameters.
(1) The university has a primary area of
geographic interest that has been jointly agreed to by the university and the
Ohio department of higher education. This area is
defined as follows:
(a) A southern boundary
beginning at the intersection of Rayen avenue and Belmont avenue, running east
on Rayen avenue, south on Fifth avenue, east on Wood street, north on Wick
avenue, east on Rayen avenue to Andrews avenue.
(b) An eastern boundary generally consisting
of the line running north on Andrews avenue to the intersection with the
eastbound access road.
(c) A
northern boundary generally consisting of the line running west on the
eastbound access road to Wick avenue, north on Wick avenue to a point one
hundred ten feet north of the westbound access road, west to Bryson street,
north on Bryson street to Madison avenue, west on Madison avenue to the
intersection at Fifth avenue, south on Fifth avenue to the eastbound access
road, and
west on the eastbound access road to Ford avenue.
(d) A western boundary generally consisting
of the line running south on Ford avenue to Scott street, west on Scott street
to Belmont avenue, south on Belmont avenue to Rayen avenue.
(2) The university has a secondary
area of geographic interest that extends six to eight blocks beyond the primary
area in the north, south, and west sides of the campus.
(a) The university maintains a good neighbor
policy in this area and takes proactive steps to ensure the health and safety
of residents of this area.
(b) The
university is a catalyst to develop this area and encourage commercial,
economic, and housing development activity.
(c) The overriding goal of this activity is
to create a living/learning environment that is conducive to the mission of the
institution.
(3) On
occasion, the university may be the recipient of real estate in other
locations. The acceptance and disposition of such gifts is determined on a
case-by-case basis by the president and recommended to the institutional
engagement committee of the board. Prior to the acceptance of such gifts by the
institutional engagement committee and the board of trustees, the real estate
will be evaluated in accordance with paragraph (C) of this
policy.
(C) Procedures.
(1) As appropriate, the finance and
facilities committee of the board of trustees will review the property
acquisition plans of the university and make any necessary
modifications.
(2) As appropriate,
the finance and facilities committee agenda will include an item, "Property
Acquisition Update." This status report addresses ongoing activities, pending
actions, and issues that need attention.
(3) The first step of the real estate
acquisition process in the primary or secondary areas of geographic interest
will be to obtain preliminary approval from the president or his designee to
begin discussions with the landowner, conduct a title search, obtain an
appraisal, and, as appropriate, conduct a phase one environmental
assessment.
(4) If after
communicating with the landowner, conducting a title search, obtaining an
appraisal, and performing a phase one environmental assessment, if deemed
appropriate, the administration desires to proceed with acquisition of the
property, the administration will obtain a resolution from the finance and
facilities committee, which recommends to the board of trustees that the board
approve acquisition of the real estate and the means of acquisition. In seeking
such a resolution from the finance and facilities committee, the administration
will prepare and submit to the committee an executive summary identifying the
real estate and justifying the proposed acquisition. The executive summary may
also include an analysis of the phase one environmental assessment and a budget
impact statement.
(a) For real estate without
a building, the budget impact statement will identify the intended use,
projected cost of acquisition, and environmental compliance costs.
(b) For real estate with a building, the
budget impact statement will identify the intended use, projected cost of
acquisition, estimated remodeling or demolition costs, environmental compliance
costs, annual operating costs (e.g., utilities, insurance, janitorial services,
basic maintenance, staffing costs), projected revenue earnings, if any, and
other pertinent information.
(5) After receiving the listed information,
the finance and facilities committee may seek additional information, decline
the administration's request for approval to acquire the property, or pass a
resolution that recommends to the board of trustees that acquisition of the
real estate be approved.
(6) After
the board of trustees approves acquisition of the real estate, the
administration may proceed to acquire the real estate within the parameters
approved by the board, and subject to the approval of
the state of Ohio controlling board, as may be required.
(7) Acquisitions of real estate will be at
the appraised value or less whenever possible. Exceptions will be approved in
advance by the president or his designee.
(8) The administration will record all
property acquisitions with the state of Ohio and/or the university in the
official log of institutional property.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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