Explanation
BACKGROUND: The Council (“Council”) of the City of Columbus, Ohio (the “City”) previously adopted Resolution 0216X-2015 approving a petition for the creation of the Columbus Regional Energy Special Improvement District, Inc. (the “District”), articles of incorporation for the nonprofit corporation, the board of directors of which governs the District, and an initial plan for the District. Pursuant to that resolution, the District has been formed. The articles of incorporation and the initial plan previously approved by the Council provides that the territory of the District may be expanded to any municipal corporation or township which is adjacent to any municipal corporation or township in which any part of the District’s territory is located.
Chapter 1710 of the Ohio Revised Code requires that the name of any energy special improvement district, of which the District is one, shown in its articles of incorporation contain the names of all municipal corporations and townships in which a portion of the energy special improvement district’s territory is located. The initial articles of incorporation of the District contained only the name of the City. The District desires at this time to expand to include property within the City of Worthington, Ohio to allow the owner of such property to complete special energy improvement projects on such property and pay for the costs of the improvements with special assessments levied by the City of Worthington, Ohio against such property. Pursuant to Chapter 1710 of the Ohio Revised Code, the District’s articles of incorporation therefore must be amended to include in the name of the City of Worthington, Ohio. In the future, similar expansion may require similar updates to the District’s articles of incorporation.
Chapter 1710 of the Ohio Revised Code requires any “participating political subdivision” of an energy special improvement district to approve amendments to the articles of incorporation of the en...
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