(A) General requirements. The Fiscal Court shall establish a subdivision street lighting district and an assessment to pay the cost of street lighting in a subdivision street lighting district, other than the initial service payment, upon the request in a petition of lot owners representing at least 70% of the platted lots within a subdivision (petitioning lot owners), accompanied by a street lighting agreement properly executed by the petitioning lot owners or their duly-appointed agent; provided, that the petitioning lot owners shall also comply with all other requirements of this section and this chapter.
(B) Defining the district. The Owensboro Metropolitan Planning Commission shall determine the appropriate boundaries for a proposed subdivision street lighting district upon the request of one or more lot owners within the subdivision for which the subdivision street lighting district is proposed. The Owensboro Metropolitan Planning Commission shall then prepare a plat showing the proposed subdivision street lighting district, and that plat shall be attached to any petition requesting creation of a subdivision street lighting district and to the street lighting agreement for that subdivision.
(C) Petition procedure. A petition in the form provided by the Fiscal Court requesting street lighting service under the terms of this chapter shall be circulated among lot owners in a subdivision for which the subdivision street lighting district is proposed. The petition shall provide space for each lot owner in the subdivision to sign and indicate his or her preference on the question of whether the proposed subdivision street lighting district should be created. Once a petition has been returned to the Fiscal Court, there shall be no changes in the preferences recorded thereon, and the petition shall clearly state the same. The petition may incorporate the terms of a street lighting agreement or appoint one or more agents to sign a street lighting agreement on behalf of the petitioning lot owners. All signatures on the petition must be acknowledged before a notary public. The petition shall also reflect that it has been reviewed for correctness and accuracy by the utility provider and any agent of the petitioning lot owners.
(D) Filing of petitions. The petition for creation of the proposed street lighting district must be filed with the Fiscal Court within 90 days after it is obtained from the office of the Fiscal Court. However, the Fiscal Court or the utility provider may, in its discretion for good cause shown, extend the time for filing of the petition an additional 30 days for a total of 120 days when a request for such an extension is made to the Fiscal Court or the utility provider before the expiration of the original 90 days.
(E) Action of petition. If 70% of the lot owners in the proposed district sign the petition and indicate a preference in favor of a subdivision street lighting district, upon presentation of the petition, the Fiscal Court shall, by resolution:
(1) Declare the establishment of a subdivision street lighting district;
(2) Direct that the cost of the proposed street lighting, maintenance, and electric energy services be annually assessed and apportioned among the property owners as provided herein; and
(3) Direct that such pro-rated costs be reflected on the tax bills owing on each parcel of land within the subdivision street lighting district as provided in § 151.03.
(F) Initial service payment. Each petitioning lot owner shall tender payment to the utility provider for his or her pro rata share of the initial service payment on or before the date on which street lighting service is energized. The pro rata share of the initial service payment due from each lot owner who is not a petitioning lot owner and from each petitioning lot owner who fails to make advance payment of that amount shall be an assessment against the lot of that lot owner, shall constitute a lien against that lot, and shall be added to the lot owner’s next county ad valorem real property tax bill unless earlier paid.
(Ord. KOC 610.1 (92), passed 6-11-1992)