For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
INITIAL SERVICE PAYMENT. The total charges by the utility provider made pursuant to its approved tariff for street lighting within a subdivision street lighting district for a period of one year plus the period from the date on which the street lighting service is energized through the end of that calendar year.
LOT. A lot created by a major subdivision plat under the subdivision regulations of the Owensboro Metropolitan Planning Commission of the county.
LOT OWNER. All the owners in fee simple absolute of a lot within a subdivision.
OWNER/DEVELOPER. The owner or owners in fee simple absolute of each lot in a subdivision in which no lots have been sold or conveyed since the date of recordation of the plat creating the subdivision.
PETITIONING LOT OWNERS. All the owners in fee simple of at least 70% of all lots within a subdivision. An owner/developer is also a PETITIONING LOT OWNER.
STREET LIGHTING AGREEMENT. An agreement between a utility provider and an owner/developer or petitioning lot owners which:
(1) States the desire of the owner/developer or petitioning lot owners to create a subdivision street lighting district;
(2) States the conditions of the installation, service, maintenance, and energy cost of street lights to be provided by the utility provider under the terms of its approved tariffs;
(3) Incorporates by reference the provisions of this chapter;
(4) States the initial service payment required of the owner/developer or the petitioning lot owners in the subdivision;
(5) States the date on which street lighting service will be energized;
(6) Identifies the geographical limits of the proposed subdivision street lighting district with a plat prepared as provided in § 151.02(B);
(7) Identifies the lot owner of each lot included within the proposed subdivision street lighting district; and
(8) Is otherwise in a form acceptable to the county.
SUBDIVISION. A major subdivision containing no less than five lots and as defined under the subdivision regulations of the Owensboro Metropolitan Planning Commission of the county, used for single-family residential purposes.
SUBDIVISION STREET LIGHTING DISTRICT. A subdivision street lighting district created by resolution of the County Fiscal Court, in accordance with the provisions of this chapter.
UTILITY PROVIDER. A utility as defined in KRS 278.010(3) which provides retail electric service to citizens and residents of the county, who seek to form a street lighting district under this chapter.
UTILITY SERVICE CONTRACT. A contract between the utility provider and the County Fiscal Court, providing for street lighting service to a subdivision street lighting district created under this chapter.
(Ord. KOC 610.1 (92), passed 6-11-1992)