Effective: October 16, 2009
Latest Legislation: House Bill 1 - 128th General Assembly
This section does not apply to a special improvement district created by an existing qualified nonprofit corporation.
The process for dissolving a special improvement district or repealing an improvements or services plan may be initiated by a petition signed by members of the district who own at least twenty per cent of the appraised value of the real property located in the district, excluding church property or real property owned by the federal government, the state, or a county, township, or municipal corporation, unless the church, county, township, or municipal corporation has specifically requested in writing that the property be included in the district, and filed with the municipal executive, if any, and the legislative authorities of all the participating political subdivisions of the district. As used in this section, "appraised value" means the taxable value established by the county auditor for purposes of real estate taxation.
No later than forty-five days after such a petition is filed, the members of the district shall meet to consider it. Notice of the meeting shall be given as provided in section 1710.05 of the Revised Code. Upon the affirmative vote of members who collectively own more than fifty per cent of the appraised value of the real property in the district that may be subject to assessment under division (C) of section 1710.06 of the Revised Code, the district shall be dissolved, or the plan shall be repealed, as applicable.
No rights or obligations of any person under any contract, or in relation to any bonds, notes, or assessments made under this chapter, shall be affected by the dissolution of the district or the repeal of a plan, except with the consent of that person or by order of a court with jurisdiction over the matter. Upon dissolution of a district, any assets or rights of the district, after payment of all bonds, notes, or other obligations of the district, shall be deposited in a special account in the treasury of each participating political subdivision, prorated among all participating political subdivisions to reflect the percentage of the district's territory within that political subdivision, to be used for the benefit of the territory that made up the district.
Once the members have approved the repeal of a plan, all bonds, notes, and other obligations of the district associated with the plan shall be paid. Thereafter, the plan shall be repealed. Upon receipt of proof that all bonds, notes, and other obligations have been paid and that the plan has been repealed, the participating political subdivisions shall terminate any levies imposed to pay for costs of the plan.
Structure Ohio Revised Code
Title 17 | Corporations-Partnerships
Chapter 1710 | Special Improvement Districts
Section 1710.01 | Special Improvement District Definitions.
Section 1710.02 | Creation and Organization.
Section 1710.021 | Time Period for Transfer of Property.
Section 1710.03 | Members of District.
Section 1710.04 | Board of Directors Duties.
Section 1710.05 | Notice for Meetings -Method for Voting.
Section 1710.06 | Plans for Public Improvements or Public Services.
Section 1710.07 | Permitted Costs of Plan.
Section 1710.08 | Improvements or Services in Addition to Subdivision Improvements or Services.
Section 1710.09 | Contracts to Develop, Manage, or Implement Part or All of Any Plan.
Section 1710.10 | Participating Political Subdivision Contracts to Provide Improvements or Services.
Section 1710.11 | Adopting Written Rules Prescribing Competitive Bidding Procedures for Contracts.
Section 1710.12 | Issuing Bonds and Notes in Anticipation of Collection of Any Special Assessments.
Section 1710.13 | Dissolving a Special Improvement District.