Explanation
BACKGROUND: Chapter 1710 of the Ohio Revised Code allows property owners to petition the municipal corporation within which their property is located to include the property in an energy special improvement district, the purpose of which is to provide “special energy improvement projects,” as defined in Section 1710.01 of the Ohio Revised Code. Section 1710.02(F) of the Ohio Revised Code also allows such property owners to submit an initial plan of services for approval with the petition. Upon receipt of a petition and an initial plan submitted by the owners 100% of the properties requesting to be included in the energy special improvement district, the municipal corporation may approve the petition, cause the addition of the property to the energy special improvement district, and proceed to levy special assessments to pay the costs of the special energy improvement projects to be completed pursuant to the petition and the initial plan.
On November 23, 2015, the Council passed Resolution No. 0261X-2015, which approved a petition, program plan, and the articles of incorporation for the Columbus Regional Energy Special Improvement District (the “District”), and created the District.
Section 1710.06 of the Ohio Revised Code allows the District to cooperate with additional owners of real property within a municipal corporation which has created an energy special improvement district to submit to the municipal corporation petitions and supplemental plans, which supplement the program plan. Upon its receipt of a petition and supplemental plan signed by the owners of 100% of the properties requesting to be added to the energy special improvement district, the municipal corporation may approve the petition and supplemental plan and proceed to levy special assessments to pay the costs of the special energy improvement projects to be completed pursuant to the petition and the supplemental plan.
Hayden Columbus, LLC, as the owner of a certain parcel of rea...
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