Ohio Code 1710.03 – Members of district
(A) Except as otherwise provided in this division, each owner of real property within a special improvement district other than the state or federal government is a member of the district, and the real property of each member of the district is subject to special assessment under division (C) of section 1710.06 of the Revised Code. A church is not a member of the district unless the church specifically requested in writing that its property be included in the district or unless, in the case of a district created by an existing qualified nonprofit corporation, the church is a member of the corporation at the time the district is created. A county, township, municipal corporation, or park district owning real property in the district is not a member of the district unless such entity specifically requested in writing that its property be included in the district.
Terms Used In Ohio Code 1710.03
- Church: means a fellowship of believers, congregation, society, corporation, convention, or association that is formed primarily or exclusively for religious purposes and that is not formed for the private profit of any person. See Ohio Code 1710.01
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- Park district: means a park district created under Chapter 1545 of the Revised Code. See Ohio Code 1710.01
- Participating political subdivision: means the municipal corporation or township, or each of the municipal corporations or townships, that has territory within the boundaries of a special improvement district created under this chapter. See Ohio Code 1710.01
- Property: means real and personal property. See Ohio Code 1.59
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Special improvement district: means a special improvement district organized under this chapter. See Ohio Code 1710.01
- state: means the state of Ohio. See Ohio Code 1.59
The identity and address of the owners shall be determined for any particular action of the nonprofit corporation that governs the district, including notice of meetings of the district, no more than sixty days prior to the date of the action, from the most current records available at the county auditor’s office. For purposes of this chapter, the persons shown on such records as having common or joint ownership interests in a parcel of real property collectively shall constitute the owner of the real property.
(B) A member may file a written statement with the district’s secretary at least three days prior to any meeting of the entire membership of the district to appoint a proxy to carry out the member’s rights and responsibilities under this chapter at that meeting.
(C) A member also may appoint a designee to carry out the member’s rights and responsibilities under this chapter by filing a written designation form with the district’s secretary. This form shall include the name and address of the member, the name and address of the designee, and the expiration date, if any, of the designation and may authorize the designee to vote at any meeting of the district.
(D) A proxy or designee need not be an elector or resident of any participating political subdivision of the district or a member of the district. The appointment of a proxy or a designee may be changed by filing a new form with the district’s secretary. The most current form filed with the secretary is the valid appointment. Service of any notice upon a proxy or designee at the proxy’s or designee’s address as shown on that form satisfies any requirements for notification of the member.
Last updated October 3, 2023 at 9:16 AM