§ 96.43 STREET LIGHTING IMPROVEMENT DISTRICTS.
   (A)   The cost of the electricity, operation and maintenance of the street lighting system shall be assessed by the town against the owners of the real property as follows:
      (1)   Within a residential subdivision, the cost of the electricity, operation and maintenance of all street lights on streets within the subdivision, including major arterial, minor arterial and collector streets shall be charged to the property owner(s) through creation of a Street Light Improvement District. The developer shall initiate the formation of the Street Light Improvement District prior to the final plat approval by executing a petition for formation of a Street Light Improvement District in a form acceptable to the Town Attorney.
      (2)   Within a commercial subdivision, the cost of the electricity, operation and maintenance of all street lights on streets within the subdivision, including major arterial, minor arterial and collector streets on which access is provided to the commercial subdivision shall be charged to the property owner through creation of a Street Light Improvement District. The developer shall initiate the formation of the Street Light Improvement District prior to the final plat approval by executing a petition for formation of a Street Light Improvement District in a form acceptable to the Town Attorney.
      (3)   The town shall require each party dedicating the street lights to the town to warranty the street lights against defects in design, installation and operation for a two-year period commencing on the date of dedication. Normal wear and tear arising from the operation of the street lights shall be excepted from the warranty requirement.
      (4)   For any other property, the cost of the electricity, operation and maintenance of all street lights fronting the property or on any street for which access is provided to the property may be charged to the property owner at the discretion of the town.
   (B)   Any owner of real property upon presentation of a petition signed by a majority of the owners of real property within the area may request that the town install additional street lights. Upon review of the petition by the town, a public hearing shall be held upon the request. Following the public hearing, upon presentation of a petition for formation of a Street Light Improvement District in a form acceptable to the Town Attorney, the Town Council may commence improvement district proceedings to form a Street Light Improvement District and to assess the cost of the electricity, operation and maintenance of additional street lights against the property within the Street Light Improvement District.
(Prior Code, Ch. 16, Art. V, § 16-183) (Ord. 410-05, passed 11-7-2005)
Statutory reference:
   Similar provisions, see A.R.S. §§ 48-572 et seq.