Lazarus v. Board of Commrs.

217 N.E.2d 883, 6 Ohio Misc. 254, 35 Ohio Op. 2d 444, 1966 Ohio Misc. LEXIS 297
CourtCourt of Common Pleas of Ohio, Hamilton County
DecidedApril 15, 1966
DocketNo. A215372
StatusPublished
Cited by3 cases

This text of 217 N.E.2d 883 (Lazarus v. Board of Commrs.) is published on Counsel Stack Legal Research, covering Court of Common Pleas of Ohio, Hamilton County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lazarus v. Board of Commrs., 217 N.E.2d 883, 6 Ohio Misc. 254, 35 Ohio Op. 2d 444, 1966 Ohio Misc. LEXIS 297 (Ohio Super. Ct. 1966).

Opinion

Keating, J.

This cause came on for hearing on its merits and was submitted on the briefs of counsel after waiver of oral argument. The facts are not in dispute, being substantially as set forth below.

On January 13,1965, the defendant Board of County Commissioners appointed a “County Hospital Commission” of 14 members in accordance with Section 339.14, Revised Code, which provides in part:

“(A) Upon application to the board of county commissioners by an Ohio corporation or corporations, organized for charitable hospital purposes and not for profit, in this section called participating hospital corporations, the board of county commissioners may, after a determination that the preservation of the public health requires additional hospital facilities in the county, appoint a hospital commission * * *, in this section [256]*256called the county hospital commission * * * [hereafter follows the requirements for representation on such commission].”

Such appointments were effected by the unanimous adoption of a resolution on that date (Exhibit 3).

On May 4, following, the County Hospital Commission transmitted to the Board of County Commissioners, two resolutions (Exhibit 12) showing the need for additional hospital facilities in the county, and requesting that the county commissioners submit to the electors at the November 2nd general election, the question of the issuance of bonds totalling $19,-817,000.

On June 8, 1965, an agreement was entered into by and between the County Hospital Commission and the Franciscan Sisters of the Poor, St. Clare Province (Exhibit 7), this being identical in all respects to those subsequently adopted by the other participating hospitals, and which essentially provides:

“Now therefore, it is agreed:
“1. The Participating Hospital agrees to execute and deliver to the Hospital Commission, subsequent to approval of the bond issue, a deed of conveyance of land and the grant of such easements as are necessary for construction of buildings and equipment from the proceeds of the bond issue, which are to be leased to the Participating Hospitals, which deed of conveyance shall be so drawn that the Hospital Commission, upon acceptance thereof, shall thereby take title to such land in the name of the County of Hamilton, State of Ohio.
“2. The Participating Hospital may convey the land aforesaid at any time after the execution of this agreement and approval of the bond issue by the electors and will convey such land whenever the Hospital Commission notifies the Participating Hospital that the Hospital Commission is ready and able to proceed with the construction upon such land.
“3. Upon conveyance of land by the Participating Hospital as aforesaid, the Hospital Commission will cause to be executed and delivered to the Participating Hospital a valid lease which shall afford to the Participating Hospital, upon terms hereinafter mentioned, possession of such land together with buildings thereafter constructed thereon and furniture, fixtures and equipment therein as included in Plans and Specifications for use as facilities of a general hospital, such lease to [257]*257become effective upon completion of the construction of such buildings or in any event within three years from the date of such conveyance. Said lease shall be for a period of fifty (50) years, renewable for a like term of fifty (50) years, without further notice, for a rent of One Dollar ($1.00) a year and shall provide:
“For the sale of the leased property to the lessee corporation upon unanimous consent of the Board of County Commissioners for a purchase price representing the actual cost to the county not including funds or property donated to the county, less depreciation, computed at the rate customarily applied to similar structures;
“That the Hospital Commission shall have continuing jurisdiction of the hospital facilities constructed on the leased premises provided that the lessee corporation shall be solely responsible for the administration, maintenance and operation of the leased facilities including the selection of personnel;
“That in the event the lessee corporation fails to administer, maintain, and operate the leased hospital facilities as a public general hospital or facility thereof, in accordance with the terms of the agreement, admitting patients to such general hospital without regard to race, creed, or color, then after an opportunity is given by the Hospital Commission to the Participating Hospital to be heard on written charges, said lease shall be terminated by the Hospital Commission, with the consent of the County Commissioners, and the control and management of said hospital facilities together with all additions and equipment as included in Plans and Specifications shall revert to the county to be operated as provided by law;
“Such further terms as may be agreed upon by the Hospital Commission and the lessee corporation with the consent of the County Commissioners * *

On June 17, 1965, similar agreements (Exhibits 6 and 8) were entered into by The Jewish Hospital of Cincinnati, Ohio, and Our Lady of Mercy Hospital.

On June 23, 1965, the Board of County Commissioners unanimously adopted a resolution declaring the necessity for an election on the question of the proposed hospital bond issues. (Exhibit 4.)

On July 8, 1965, a leaseback agreement similar in all re[258]*258speets to that of the Franciscan Sisters (Exhibit 7, supra) was entered into by the Bethesda Hospital and Deaconess Association (Exhibit 9). The following October, a similar agreement was entered into by the St. George Hospital, which agreement was subsequently rescinded.

On November 2, 1965, at a general election the bond issue was passed with the following question being submitted to the electorate:

“Proposed Bond Issue
“A majority affirmative vote is necessary for passage.
“Shall bonds be issued by Hamilton County, Ohio, for the purpose of CONSTRUCTING, FURNISHING AND EQUIPPING COUNTY HOSPITAL BUILDINGS, in the sum of Nineteen Million Eight Hundred Twenty Thousand Dollars ($19,-820,000); and a levy of taxes be made outside the ten-mill limitation estimated by the County Auditor to three hundred sixty-four thousandths (.364) mills for each one dollar of valuation, which amounts to three and sixty-four hundredths cents ($0.0364) for each one hundred dollars ($100) of valuation, for a maximum period of twenty-three (23) years to pay the principal and interest on said bonds?”

On December 27, 1965, the plaintiff herein by his counsel requested by letter (Exhibit 1), that the prosecuting attorney of Hamilton County file a taxpayer’s suit on the former’s behalf, which request was denied (Exhibit 2).

On January 19, 1966, the county commissioners adopted the above-mentioned agreements between the participating hospitals and the County Hospital Commission (Exhibit 5), adopted a resolution authorizing the issuance of the bonds (Exhibit 10), and made an offer for the sale of the bonds to the County Sinking Fund, which was forthwith rejected for lack of funds (Exhibit 11).

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Bluebook (online)
217 N.E.2d 883, 6 Ohio Misc. 254, 35 Ohio Op. 2d 444, 1966 Ohio Misc. LEXIS 297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lazarus-v-board-of-commrs-ohctcomplhamilt-1966.