A RESOLUTION
WHEREAS, on March 2, 2020, City Council (the “Council”) of the city of Oakwood (the “City”) adopted Resolution No. 1870 (the “ESID Approval Legislation”); and
WHEREAS, the ESID Approval Legislation approved the Articles of Incorporation of the Dayton Regional Energy Special Improvement District, Inc. (the “Articles of Incorporation”) and the Dayton Regional Energy Special Improvement District Program Plan (the “Plan”), all in accordance with Ohio Revised Code Chapter 1710; and
WHEREAS, the ESID Approval Legislation further provided the Council’s consent to (i) any addition of real property to the territory of the Dayton Regional Energy Special Improvement District (the “District”) within the boundaries of any municipal corporation or any township which is contiguous to a Participating Political Subdivision of the District under law; (ii) the addition of the municipal corporation or township in which such real property is located as a Participating Political Subdivision of the District, as defined in Ohio Revised Code Section 1710.01(E); and (iii) any amendment to the Amended Articles of Incorporation necessary to recognize or effect such addition; and
WHEREAS, Ohio Revised Code Chapter 1710 has been amended to enable political subdivisions within a single county or within counties that adjoin one another to become participating political subdivisions of a single Energy Special Improvement District regardless of whether such political subdivisions are contiguous; and
WHEREAS, in order to enable the District to expand to include any political subdivision which may become a participating political subdivision of the District under law, this Council desires to amend the ESID Approval Legislation in order to consent to any such addition, as set forth in this Resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OAKWOOD, MONTGOMERY COUNTY, OHIO:
Amendment to Section III of the ESID Approval Legislation. Section III of the ESID Approval Legislation is hereby amended by deleting the current Section III and replacing it with the following:
This Council hereby approves and consents to (i) any addition of real property to the territory of the District within the boundaries of any municipal corporation or any township which is or may become a Participating Political Subdivision of the District under law; (ii) the addition of the municipal corporation or township in which such real property is located as a Participating Political Subdivision of the District, as defined in Ohio Revised Code Section 1710.01(E); and (iii) any amendment to the Amended Articles of Incorporation necessary to recognize or effect such addition.
No Other Amendment. Except as expressly amended by this Resolution, the ESID Approval Legislation shall remain unchanged and in full force and effect.
Compliance with Open Meetings Requirements. This Council finds and determines that all formal actions of this Council and any of its committees concerning and relating to the passage of this legislative resolution were taken in an open meeting of this Council or any of its committees, and that all deliberations of this Council and any of its committees that resulted in such formal