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2024-102 Resolution
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2024-102 Resolution
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Last modified
11/22/2024 8:31:16 AM
Creation date
11/21/2024 10:28:51 AM
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North Olmsted Legislation
Legislation Number
2024-102
Legislation Date
11/19/2024
Year
2024
Legislation Title
NOPEC Commercial-Industrial Program
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any other remedy. The Board of the Advanced Energy District (or such other entity as may be <br />designated by the Board of the Advanced Energy District to hear such claims) shall promptly <br />review the notice, and if necessary, meet with the property owner, consider written and oral <br />evidence regarding the alleged error and decide whether, in fact, such a calculation error occurred. <br />If the Board of the Advanced Energy District (or other entity designated by the Board) determines <br />that a calculation error did in fact occur that requires the Special Assessments to be modified or <br />changed in favor of the property owner, a cash refund shall not be made (except for the final year <br />during which Special Assessments shall be collected), but an adjustment may be made in the <br />amount of the Special Assessments to be paid in the following year. The decision of the Board of <br />the Advanced Energy District (or other entity designated by the Board) regarding an error in the <br />levy of the Special Assessments or any other calculation shall be conclusive as long as there is a <br />reasonable basis for the determination of the Board (or other entity designated by the Board). <br />Notwithstanding any other provision of the Advanced Energy District Documents to the contrary, <br />the undersigned agrees that it and its successors shall have only the remedies provided for in this <br />paragraph, and shall have no recourse to any participating political subdivision, the Advanced <br />Energy District, issuer of the special assessment revenue bonds for the Project or the Trustee in <br />respect of amounts levied or collected other than in accordance with the Advanced Energy <br />Documents. <br />DELINQUENCY MANAGEMENT <br />These services are provided only if the Special Assessments are levied and there are delinquencies <br />in the payment of the Special Assessments. <br />A. Delinquent Special Assessments Report <br />After the end of each collection period, the District will prepare for the Board a report which lists <br />each parcel delinquent in the payment of the Special Assessments and the corresponding amount <br />of delinquency, plus penalties. The District will also provide each participating political <br />subdivision with a copy of this report. <br />B. Delinquency Follow -Up <br />This task entails the preparation and mailing of demand letters to property owners with a <br />delinquent Special Assessments and is performed if requested by the issuer of the Obligations or <br />a participating political subdivision. <br />(1) Preparation and Mailing of Delinquency Letters <br />The District will assist each participating political subdivision with the collection <br />of Special Assessments. Unless otherwise directed by a participating political <br />subdivision, the issuer of the Obligations, or the trustee for the Obligations, the <br />District will send reminder letters to property owners with delinquent Special <br />Assessments. After thirty days, if the Special Assessments are still delinquent, a <br />payment demand letter will be mailed informing the property owner that the <br />property will be subject to a tax sale if the delinquency is not cured. The District <br />
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