§ 10.8-64. Legislative determinations of special benefit and fair apportionment.

It is hereby ascertained and declared that street lighting services and improvements provide a special benefit to the assessed property based upon the following legislative determinations:

(a)

The street lighting services will provide a special benefit to all tax parcels of assessed property by protecting and enhancing the value, use and enjoyment of such property. The provision of street lights and the operation and maintenance of those lights will provide better and easier nighttime recognition and identification, which enhances safety and access to property; provide enhanced roadway lighting that is intended to produce quick, accurate, and comfortable seeing at night that will safeguard, facilitate, and encourage vehicular and pedestrian traffic on the roadways abutting and serving the assessed property; provide a reduction in nighttime accidents occurring on or adjacent to assessed property resulting from the proper use of nighttime lighting; aid to public safety services (such as police, fire and rescue) in responding to the assessed property; provide better property identification and recognition of property and enhance the aesthetics, safety and access to assessed property; and facilitate traffic flow to and from the assessed property during nighttime hours.

(b)

The street lighting assessments to be imposed in accordance with this article will provide an equitable method of funding the provision of street lighting services by fairly and reasonably allocating the cost to specially benefitted property, based upon the number of assessment units attributable to each tax parcel in the manner hereinafter described.

(c)

Unless otherwise determined by county in the final street lighting assessment resolution or a subsequent annual rate resolution, it is fair and reasonable to use lots to apportion the street lighting service cost because the provision of the street lighting services, facilities, and programs is demanded by and required to serve the buildable properties within each street lighting assessment area.

(d)

Each tax parcel within a street lighting assessment area will be benefited by the county's provision of the street lighting services in an amount not less than the street lighting assessment imposed against such property, computed in the manner set forth in this article.

(e)

Within individual street lighting assessment areas, the authorized services may extend to ancillary lighting and associated electrical expenditures, such as entrance lighting and flood lights in common areas and metered account services that are considered to be part of the overall street lighting plan within a specific geographic area. These ancillary lighting services are part of the street lighting services and provide the same special benefits as noted in this section 10.8-64.

(Ord. No. 18-066, § 1.04, 9-18-18)