HomeMy WebLinkAboutORD 19451 6BILL N0. 9 6
ORDINANCE NO. 1945
AN ORDINANCE RELATING TO PUBLIC LIGHTING WITHIN THE CITY OF
CALDWELL; EXPRESSING THE LEGISLATIVE INTENT AND THE FINDINGS OF
,THE CITY COUNCIL IN RELATION THERETO; PROVIDING THAT THE COSTS OF
PUBLIC LIGHTING SHALL BE FINANCED BY CHARGES TO OWNERS AND
OCCUPANTS OF IMPROVED REAL PROPERTY AND INCLUDED IN THE GENERAL
UTILITY BILLING AS A SEPARATE ITEM; PROVIDING THAT THE RATES
CHARGED OWNERS AND OCCUPANTS OF IMPROVED REAL PROPERTY SHALL BE
DETERMINED BY RESOLUTION; PROVIDING DEFINITIONS; PROVIDING FOR
THE COMPUTATION, BILLING, PAYMENT OF PUBLIC LIGHTING SERVICE
CHARGES AND MAKING SUCH CHARGES A LIEN UPON REAL PROPERTY;
PROVIDING FOR APPEAL OF BILLINGS; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
HEREWITH.
8 -1 1 -1 LEGISLATIVE INTENT"
ARTICLE 12, SECTION 2, OF THE IDAHO CONSTITUTION AND SECTION 50-
302 OF THE IDAHO CODE AUTHORIZE CITIES TO MAKE AND ENFORCE
REGULATIONS NEEDED FOR THE WELFARE OF THE CITY NOT IN CONFLICT
WITH THE GENERAL LAWS,
SECTIONS 50 -312 AND 50 -313 OF THE IDAHO CODE AUTHORIZE THE CITY
TO PROVIDE FOR STREET LIGHTING WITHIN THE CITY AND SECTION 63-
2201 (A) OF THE IDAHO CODE AUTHORIZES THE CITY TO IMPOSE AND
COLLECT FEES FOR SUCH SERVICES,
THE CITY COUNCIL DOES HEREBY FIND THAT PUBLIC LIGHTING PROMOTES
THE SAFETY AND WELFARE OF PROPERTY OWNERS AND RESIDENTS OF THE
CITY AND THE BENEFICIAL USE AND ENJOYMENT OF IMPROVED REAL
PROPERTY WITHIN THE CITY,
THE CITY COUNCIL FURTHER FINDS THAT RESIDENTS AND PROPERTY OWNERS
BENEFIT FROM PUBLIC LIGHTING THROUGH THE INCREASED SAFETY THAT A
WELL LIGHTED NEIGHBORHOOD PROVIDES AND THROUGH INCREASED SAFETY
WHEN DRIVING OR WALKING IN THE CITY AND THAT THESE BENEFITS
ACCRUE EVEN WHEN SUCH LIGHTING IS NOT ADJACENT TO THEIR PROPERTY,
THE CITY COUNCIL FURTHER FINDS THAT IT IS EQUITABLE AND FAIR THAT
THE OWNERS AND OCCUPANTS OF IMPROVED REAL PROPERTY PAY FOR PUBLIC
LIGHTING BY CHARGES COMMENSURATE WITH THE RELATIVE PROPORTIONATE
BENEFIT, AS DETERMINED BY THE COUNCIL, RECEIVED FOR SUCH SERVICE,
THE CITY COUNCIL FURTHER FINDS THAT THE MOST PRACTICAL, FAIR AND
EQUITABLE METHOD OF COLLECTING SUCH CHARGES IS TO INCLUDE THE
BILLING OF SUCH CHARGES AS A SEPARATE ITEM UNDER THE GENERAL
UTILITY BILLINGS OF THE CITY.
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A. THAT EXPENSES ASSOCIATED WITH PUBLIC LIGHTING WITHIN THE
CITY OF CALDWELL SHALL BE FINANCED BY CHARGES ASSESSED TO
THE OWNERS AND OCCUPANTS OF IMPROVED REAL PROPERTY.
B. 'PUBLIC LIGHTING' SHALL REFER TO ALL LIGHTING OF EXTERIOR
PUBLIC AREAS, WHICH MAY INCLUDE LIGHTING OF PUBLIC STREETS,
SIDEWALKS, WALKWAYS, BIKE PATHS, ADJACENT PRIVATE PROPERTY,
AND OTHER AREAS NOT SPECIFICALLY EXCLUDED HEREIN, WHICH IS
PAID FOR AND /OR MAINTAINED BY THE CITY OF CALDWELL FOR THE
BENEFIT OF THE GENERAL PUBLIC.
C. THE CHARGES ASSESSED SHALL BE INCLUDED IN THE GENERAL
UTILITY BILLING AS A SEPARATE ITEM AND AS HEREINAFTER SET
FORTH; PROVIDED, HOWEVER, THAT THE COSTS OF LIGHTING TO
ILLUMINATE PARKS AND PLAYFIELDS SHALL BE PAID FROM THE CITY
GENERAL FUND. IMPROVED CITY PROPERTY SHALL BE SUBJECT TO
SAID FEES, TO BE PAID FROM THE APPROPRIATE DEPARTMENT
BUDGET.
D. IMPROVED REAL PROPERTY, WITHIN THE MEANING OF THIS ORDINANCE
(CHAPTER), SHALL INCLUDE REAL ESTATE WHICH:
A) HAS CITY WATER AND /OR SEWER AND /OR GARBAGE SERVICE; OR
B) IS PAVED; OR
C) LANDSCAPED; OR
D) HAS ERECTED THEREON ANY CONSTRUCTION FOR WHICH A
BUILDING PERMIT WOULD BE REQUIRED.
E. FOR THE PURPOSE OF THIS ORDINANCE AND ANY RELATED
RESOLUTION, RESIDENTIAL PROPERTY SHALL INCLUDE PROPERTY
HAVING OCCUPANCY OR LIVING ACCOMMODATIONS ON A PERMANENT OR
SEMI - PERMANENT BASIS.
8-1 1 -3 CHARGES
A. THE OWNERS AND /OR OCCUPANTS OF ALL IMPROVED REAL PROPERTY
WITHIN THE CITY OF CALDWELL ARE HEREBY MADE SUBJECT TO
SERVICE CHARGES FOR PUBLIC LIGHTING.
B• SERVICE CHARGES SHALL BE ENACTED BY RESOLUTION. THE OWNERS
AND /OR OCCUPANTS OF IMPROVED REAL PROPERTY SHALL BE JOINTLY
AND SEVERALLY LIABLE FOR SUCH CHARGES; THE CHARGES SHALL
BECOME A LIEN UPON AND AGAINST THE PROPERTY AGAINST WHICH
THE CHARGE IS LEVIED TO THE EXTENT PERMITTED BY THE LAWS OF
THE STATE OF IDAHO AND THE ORDINANCES OF THE CITY OF
CALDWELL AND MAY BE COLLECTED IN ANY MANNER PERMITTED OR
HEREAFTER PERMITTED BY SUCH LAWS AND ORDINANCES.
8 -11 -5 SEPARATE FUND
ALL FUNDS RECEIVED FOR PUBLIC LIGHTING SHALL BE ACCOUNTED FOR
SEPARATELY AND SHALL BE USED ONLY FOR PAYMENT OF EXPENSES RELATED
TO PROVIDING LIGHTING SERVICES.
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8-11-6 SECTIONS SEVERABLE
EACH SECTION AND EACH PROVISION OR REQUIREMENT OF ANY SECTION OF
THIS ORDINANCE SHALL BE CONSIDERED SEVERABLE AND THE INVALIDITY
OF ANY PORTION OF A SECTION OR THE INVALIDITY OF ANY PORTION OF
THE SECTION AS TO ANY PERSON OR PERSONS SHALL NOT AFFECT THE
VALIDITY OR ENFORCEMENT OF ANY OTHER PORTION.
8 -11 -7 CONFLICTING ORDINANCES
ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE ARE HEREBY REPEALED.
8-11-8 ENACTMENT
THIS ORDINANCE SHALL TAKE EFFECT AND BE IN FORCE UPON ITS
PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW.
APPROVED BY THE MAYOR THIS 4th DAY OF Mav , 1994- . /3jll
PASSED BY THE CITY COUNCIL THIS th DAY OF May , 19 go, ,sj/
ATTEST:
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