§ 12-107. Lighting in existing residential areas and subdivisions; creation of streetlight districts; constructive knowledge of this article and the streetlight districts created pursuant to said article.

(a)

Any property owner in any unincorporated area of the county may present a request for the creation of a streetlight district to the county manager or his designee. The request shall designate boundaries for a streetlighting district which shall serve the lot owner presenting the request and other property owners within said geographical area. The request shall include a plat or plats showing the proposed streetlighting district. The office of the county manager shall then provide a petition for the creation of the proposed streetlighting district to be circulated by the presenter of the request among the lot owners in the proposed district. If the proposed streetlighting district extends beyond the bounds of an existing subdivision or a new subdivision and includes lots or parcels outside the existing or new subdivision, then equally 75 percent of the owners of the lots within the existing or new subdivision and 75 percent of the owners outside the existing or new subdivision and within the proposed district must sign the petition in order to be presented to the board of commissioners. In all other instances, 75 percent of the owners of lots within the proposed streetlighting district must sign the petition for the creation of a streetlighting district for the petition to be presented to the board of commissioners for consideration. Unless 100 percent of the lot owners have signed the petition, a public hearing shall be held by the board of commissioners after having been advertised one time in the official organ of the county; and a sign or signs [shall] be posted in the proposed streetlighting district giving notice of the hearing, at least 10 days before the public hearing.

(b)

The petition for creation of the proposed streetlight district must be returned to the county manager within 90 days after it is obtained from such manager's office. The county manager or his designee shall verify the signatures on the petition and that the requisite number of property owners have signed said petition.

(c)

By signing the petition for the creation of a new streetlight district, all petitioners within a proposed streetlight district shall be deemed to have actual or constructive notice of this article and all the provisions contained herein. In consideration of the streetlight services provided pursuant to this article, said petitioners shall agree to abide by and comply with all the provisions of this article.

(d)

All successors-in-interest to the lot owners within a certain district at the time of the creation of said streetlight tax district shall be deemed to have constructive notice of this article and the existing streetlight district wherein the lot is located due to the existence of public records containing such information.

(e)

Upon receipt of a petition as provided herein and after a public hearing if one is required, the board of commissioners shall take under consideration the establishment of the requested special tax district. The board of commissioners, in its sole discretion, may vote to create one or more of such districts, but nothing contained herein shall be construed as creating an obligation on the board of commissioners to create any one or more of such districts. Likewise, nothing contained herein shall create any absolute right by any property owner or owners to the creation of any such district. The discretion as to whether to create any such district shall be that solely of the board of commissioners, based upon all the evidence available at the time of determination. Further, the creation by the board of commissioners of one or more such districts shall not create an absolute right by petitioners for another district or districts to the creation of such other district, nor shall the creation of one or more districts generate a precedent or obligation of the board of commissioners regarding the creation of additional special tax districts. The petition for each such special tax district shall be considered by the board of commissioners based upon the totality of the evidence regarding each respective proposed special tax district. The decision of the board of commissioners, in the exercise of its discretion, shall be final.

(f)

The decision of the board of commissioners to create special streetlighting district shall be evidenced by resolution adopted at a regular or special meeting of the board of commissioners. The form of said resolution shall be substantially in the form attached hereto as appendix "A".

(Ord. of 8-3-93, § 1; Ord. No. 1995-38, 12-5-95)

Editor's note

Appendix "A", attached to Ord. of August 3, 1993, has not been set out herein, but is available for public inspection in the office of the city clerk.