Explanation
BACKGROUND: Chapter 1710 of the Ohio Revised Code allows property owners to petition the municipal corporation within which their property is located for the creation of 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 of the Ohio Revised Code requires such property owners also to submit articles of incorporation for a nonprofit corporation, the board of directors of which shall govern the energy special improvement district, to the municipal corporation with the petition. 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, articles of incorporation, 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 formation of 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, initial 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 initial 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 corpor...
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