Charges for electricity and maintenance of street lighting shall be made against all property benefited by the streetlights in accordance with the following provisions:
A. Standard Street Lighting: The costs of operating and maintaining the standard street lighting system shall be financed as part of the General Fund.
B. Above Standard Street Lighting: The costs for operating above standard street lighting systems shall be funded through establishment of a special service district pursuant to Minnesota Statutes section 428A.02 encompassing all benefited property:
1. District Established: In accordance with Minnesota Statutes section 428A.02, subdivision 1, the City hereby establishes a special service district to fund the ongoing operation and maintenance of the above standard street lighting system described in section 8-8-5 of this chapter.
2. Boundaries Of District:
a. Boundaries Established: The special service district shall include commercial properties classified as such under Minnesota Statutes section 273.13 and zoned business district or PUD District allowing commercial uses as defined by the business districts as set out in section 11-50-1 of this Code.
b. Hearing:
(1) The City Clerk shall set a public hearing for the City Council to consider adoption of a map establishing the defined Above Standard Street Lighting System Special Service District for the next calendar year no later than November 30 of each year or the prior special service district boundaries approved by the City Council and published shall remain in full force and effect.
(2) Notice of a public hearing to consider adoption of amendments to the Above Standard Street Lighting System Service District boundaries shall be given by publication in at least two (2) issues of the official City newspaper with a minimum of fourteen (14) days between said publications.
(3) Notice of a public hearing to consider adoption of amendments to the Above Standard Street Lighting System Service District boundaries shall be mailed to the property owner of each parcel to be included in the special service district not less than ten (10) days before the date of the hearing.
(4) The public hearing shall be conducted not less than three (3) days after the date of the second publication of the notice in the official City newspaper.
(5) A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be attested and made a part of the records of the proceeding.
(6) Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this chapter, provided a bona fide attempt has been made to comply with the notice requirements of this chapter and Minnesota Statutes.
3. Above Standard Street Lighting Service Rates:
a. Above standard street lighting service rates shall be charged in accordance with charges incurred to the City and estimated costs for future maintenance and replacement of lighting units associated with the above standard street lighting system and established annually by ordinance in section 3-1-2 of this Code.
b. The charges for above standard street lighting shall be assessed to all properties within the special service district established by this chapter in accordance with Minnesota Statutes section 428A.05.
C. New Subdivisions: In new subdivisions in which standard and/or above standard street lighting systems are installed, the developer shall make payment to the City in the amount set forth by section 3-1-2 of this Code for each lighting unit for the estimated cost of operation and maintenance of the street lighting system within the subdivision for a period of two (2) years. (Prior Code § 6-8-7)