Sec. 126-237. Installation responsibility.
(a) Street lighting shall be installed with underground electric service on all newly developed dedicated public streets, and all property owners abutting these streets shall at their sole expense pay the cost of these installations. Whenever within a given area, block, site, parcel, or other logical division of lands abutting a dedicated street multiple ownership exists, the cost of street lighting installation shall be prorated to each owner on a front-footage basis to those lands which are adjacent to or contiguous with the dedicated streets. The installation of street lighting facilities or the deposit of sufficient funds to ensure such installation when approved by the director of public works or his or her designee will be required as a prerequisite to the issuance of certificates of occupancy for any structures constructed along all newly developed dedicated public streets.
(b) Along all previously developed dedicated public streets where insufficient street lighting may exist, infill lighting may be provided when:
(1) The director of public works or his or her designee receives a petition from 51 percent or more of the property owners dwelling in the block requesting street lighting;
(2) Property owners in the adjacent area willingly grant the person having the franchise for the service of power to such facilities any easements required to install electrical supply lines to the fixtures; and
(3) City capital improvement funds are available to purchase the installation.
The city may pay the entire cost of infill street lighting facilities located along previously developed dedicated public streets, provided sufficient funds exist in the City's capital improvement program budget for the annual street lighting plan, such plan being first submitted on an annual basis by the director of public works or his or her designee and approved by the city manager or his or her deputy. The city may also other [use] sources of funding for such lighting facilities, including but not limited to special improvement districts pursuant to chapter 118 of this Code.
(c) The cost of energizing all street lighting along dedicated public streets will be paid by the city from the City's operating budget.
(d) The director of public works shall establish such times and conditions for compliance with the requirements of this section, provided that when the director of public works or his or her designee has established a timetable and conditions of compliance for completing all related construction, such abutting property owners responsible for any costs under this section shall have paid the costs to the City's franchisee for supplying and installing the necessary facilities for street lights. Whenever the director of public works or his or her designee determines that no useful purpose would be served by the installation of street lighting facilities because of a preponderance of nondeveloped area abutting the dedicated public streets within a block site, parcel or other logical division of lands, such requirement for street lighting facilities may be deferred by the director of public works or his or her designee until such time as in his or her judgment a useful purpose would be served by requiring compliance with this article. (Code 1979, § 34-63; Ord. No. 2014-12, § 7, 5-12-2014)