§ 12-108. Streetlight construction by property developers for new subdivisions; constructive knowledge of streetlight districts created under this article.

(a)

All developers of residential subdivisions, at the time of the submission of the preliminary plats or drawings of the development to the planning commission, may present a proposed streetlight service for the development and the establishment of a special streetlight tax district for the subdivision. The proposal presented by the developer must be approved by the planning commission prior to installation of streetlights in the development. All fixtures and poles to be used shall be approved not only by the planning commission but also by the utility company which will provide electricity to the streetlights and which will be responsible for the maintenance of the facilities. Upon approval by the planning commission and receipt of written approval from the utility company, the board of commissioners may, upon petition, consider the creation of a special streetlight tax district for said subdivision. All rights and obligations shall be the same as set forth in section 12-107(e) above.

(b)

The developer shall be billed by the county or utility provider for those charges contemplated in section 12-103(f) above for the calendar year of creation of the special tax district and the calendar year thereafter. For subsequent years owners shall be billed their prorata share of said costs in the same manner as existing subdivisions which are designated as special tax districts. In addition, all purchases of lots located in a new subdivision which has been designated as a special tax district as provided herein shall be deemed to have constructive notice of said district and the obligation imposed thereby due to the public records containing such information.

(c)

All successors in-interest to a developer in a subdivision wherein a streetlight district has been approved under this section, shall have constructive notice of said district due to the existence of public records containing such information.

(Ord. of 8-3-93, § 1)