Sec. 94-46. - Authority.

Pursuant to the powers granted by F.S. § 125.01, the board of county commissioners is authorized to provide for the installation and maintenance of streetlights within designated service areas in the unincorporated areas of the county and to provide for the payment of the costs of such street lighting by levying and collecting special assessments on the abutting, adjoining, contiguous or other specially benefited property.

(Code 1970, § 20-72; Ord. No. 82-08, § 1, 3-16-82)

Sec. 94-47. - Service areas.

The board of county commissioners is authorized to designate certain areas as service areas for the purpose of lighting public streets. Additionally, the board of county commissioners, upon receiving a petition signed by 51 percent of the property owners within a proposed service area and an accurate legal description of the proposed service area, may designate that area as a service area for the purpose of providing street lighting.

(Code 1970, § 20-73; Ord. No. 82-08, § 2, 3-16-82)

Sec. 94-48. - Method of special assessment.

Special assessments against property deemed to be benefited by street lighting improvements, as provided for in section 94-46, shall be assessed upon the property specially benefited by the improvement in accordance with the following standards:

(1)

Only property which is of sufficient size under existing county zoning regulations for the construction of a residence, commercial building or property actually occupied by a residence or such building, including any contiguous property, shall be deemed benefited by street lighting improvements provided under this article and subject to assessment for such improvements.

(2)

Property being utilized in common by residents of the service area, such as lakes, parks, drainage retention ponds, streets, utility plants, access easements, etc., shall not be deemed benefited by the street lighting improvements and not subject to assessments even though the property is of a sufficient size for the construction of a residence, and any such property which has been previously assessed shall not be deemed benefited.

(3)

The board of county commissioners shall, by resolution, establish assessment rates for street lighting improvements provided pursuant to this article. The rates assessed shall be sufficient to defray the costs of operating, administering and installing the street light improvements as appropriate.

(Code 1970, § 20-74; Ord. No. 82-08, § 3, 3-16-82; Ord. No. 86-21, § 1, 7-29-86)

Sec. 94-49. - Procedure for creating new service areas or upgrading service areas.

(a)

Upon motion by the board of county commissioners or upon receiving a petition signed by 51 percent of the property owners in a proposed or existing service area or portion thereof, the utilities department is authorized to request a street lighting design, an estimate of the annual operating cost for a proposed service area and an estimate of the cost of proposed improvements for a proposed or existing service area or portion thereof from the appropriate power company. All petitions submitted must be accompanied by an accurate legal description of the appropriate service area or portion thereof. The board of county commissioners may, by resolution, establish fees for the processing of petitions.

(b)

Upon receipt of the requested information, the utilities department shall determine the assessment rate for each lot within the proposed or existing service area or portion thereof in accordance with the standards set out in section 94-48

(c)

A copy of the legal description of the service area or portion thereof, the lighting design received from the appropriate power company and the assessment rate for each lot in the service area or portion thereof shall remain on file with the utilities department for public inspection.

(d)

Upon preparation of all required information, the utilities department shall schedule a hearing before the board of county commissioners and publish notice of the hearing one time in a newspaper of general circulation published in the county at least ten days before the hearing. Any property owner or resident within the service area or portion thereof may appear at the hearing and be heard. The notice shall be in substantially the following form:

PUBLIC NOTICE

PLEASE BE ADVISED that on the ____________ day of ____________/____________/____________, 19____________, the Board of County Commissioners of Pasco County, Florida, at its meeting to be held in Commission Chambers at _____
at ____________(a.m./p.m.), will consider the adoption of a Resolution authorizing the installation of street lights along the following streets:

in that service area or portion thereof designated as ____________ and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference. The estimated charge for such service is $____________ per lot, per ____________ and, if the Resolution is adopted, special assessments shall be levied against the property described in Exhibit "A," as provided by law, for the purpose of financing the lighting improvements. Copies of the legal description of the service area or portion thereof showing proposed individual assessments, and the proposed lighting diagram are on file with the Utilities Department in New Port Richey, Florida, for public inspection. All property owners or residents within the indicated area are invited to appear at the time and place designated above and be heard.

(e)

At the hearing provided for in subsection (d) of this section, if the board of county commissioners determines to provide street lighting improvements authorized by section 94-46 and to defray the expense thereof by special assessments, the board of county commissioners shall so declare by resolution stating the nature of the proposed improvement, designating the street to be so improved, the amount and method of assessment and the lands upon which the assessments shall be levied.

(Code 1970, § 20-75; Ord. No. 82-08, § 4, 3-16-82; Ord. No. 86-21, § 2, 7-29-86)

Sec. 94-50. - Priority of lien; interest and method of payment.

Initial assessments for street lighting improvements provided under this article shall be collected by the county utilities department immediately after the project has received final approval. Thereafter, assessments may be billed on a monthly, quarterly or yearly basis or any combination thereof. Assessment fees shall be due and payable at the beginning of the billing period and may be collected up to one year in advance. Assessments for costs of installation of lighting may be made on a onetime basis. The utilities department, in accordance with its rules and regulations, is authorized to discontinue utilities services to property when assessments levied under this article become delinquent. Assessments are delinquent 30 days from the date of billing. Liens for past due assessments may be imposed when the account is delinquent for at least 30 days. In addition, any delinquent or unpaid assessments shall remain liens, coequal with the liens of all state, county, district and municipal taxes, superior in dignity to all other liens, title and claims, until paid and shall bear interest at a rate not to exceed eight percent per annum from the due date of the assessment.

(Code 1970, § 20-76; Ord. No. 82-08, § 5, 3-16-82; Ord. No. 86-21, § 3, 7-29-86)

Sec. 94-51. - Legal proceedings upon failure to pay assessment or interest when due.

Each billing for services provided for in section 94-50 shall be paid upon the date specified, with any interest upon delinquent payments, and enforcement of such payment shall be in the same manner as the enforcement of liens upon real property. Upon the failure of any property owner to pay any assessment, the board of county commissioners may cause a lien to be filed on the property for all delinquent assessments, plus interest and administrative costs thereon. If deemed necessary, the board of county commissioners may cause to be brought the necessary legal proceedings by a bill in chancery to enforce payment thereof with all accrued interest and penalties, together with all legal costs incurred, including a reasonable attorney's fee, to be assessed as part of the cost. In the foreclosure of any special assessment, service of process against unknown or nonresident defendants may be had as provided by law in other chancery suits. The foreclosure proceedings shall be prosecuted by sale and conveyance of the property involved in the proceedings is provided by law in suits to foreclose mortgages. Nothing in this section shall preclude the board of county commissioners from engaging the services of a collection agency for assistance in collecting any delinquent assessments.

(Code 1970, § 20-77; Ord. No. 82-08, § 6, 3-16-82; Ord. No. 85-22, § 1, 12-10-85)

Sec. 94-52. - Effect of omission or invalidity of assessment.

If any special assessment made under this article to defray the expense of street lighting shall either in whole or in part be annulled, vacated or set aside by the judgment of any court or if the board of county commissioners shall be satisfied that any such assessment is so irregular or defective that the assessment cannot be enforced or collected or if the board of county commissioners shall have omitted to make such assessment when it might have done so, the board of county commissioners shall take all necessary steps to cause a new assessment to be made against any property benefited by the street lighting improvements, following as nearly as may be this article. If such second assessment shall be annulled, the board of county commissioners may obtain and make other assessments until a valid assessment shall be made.

(Code 1970, § 20-78; Ord. No. 82-08, § 7, 3-16-82)

Sec. 94-53. - Effect of informality or irregularity of proceedings.

Any informality or irregularity in the proceedings with the connection of the levy of any special assessments under this article shall not affect the validity of the assessments where the resolution creating the service area has been confirmed by the board of county commissioners, and the assessments, as finally approved and confirmed, shall be competent and sufficient evidence that the assessment was duly levied, that the assessment was duly made and adopted and that all other proceedings adequate to the adoption of the assessments were duly had, taken and performed as required by this article. No variance from the directions under this article shall be held material unless clearly shown that the party objecting was materially injured thereby.

(Code 1970, § 20-79; Ord. No. 82-08, § 8, 3-16-82)

Sec. 94-54. - Service standards.

The board of county commissioners adopts the American National Standard Practice for Roadway Lighting, published by the Illuminating Engineering Society of North America, as approved July 8, 1977, as a service standard for providing street lighting under this article. If the street lighting provided under this article does not meet the lighting requirements specified by such standards, the board of county commissioners is authorized to provide additional lighting in order to bring the lighting within the service area up to the required standards. Such additional lights may be added and special assessments for such additional lights may be imposed in accordance with this article. If the street lighting within any service area meets or exceeds the standards provided in this section, no additional lights will be placed within the service area under this article.

(Code 1970, § 20-80; Ord. No. 82-08, § 9, 3-16-82; Ord. No. 86-21, § 4, 7-29-86)

Sec. 94-55. - Authority to increase or decrease assessments.

The board of county commissioners is authorized to automatically increase or decrease assessments made under this article in order to reflect actual changes in the cost of electricity or the cost of administering any street lighting program adopted under this article. No public hearing shall be required prior to any increase or decrease adopted under this section, provided that such increase or decrease reflects only actual increases or decreases in the cost of electricity or cost of administration.

(Code 1970, § 20-81; Ord. No. 82-08, § 10, 3-16-82; Ord. No. 86-21, § 5, 7-29-86)

Sec. 94-56. - Effect on existing service areas.

(a)

All areas being provided street lighting services by the county on the effective date of the ordinance from which this article derives for which charges are collected by the utilities department are recognized as established service areas under this article and shall be administered and operated in accordance with this article.

(b)

All areas being provided street lighting services by the county on the effective date of the ordinance from which this article derives for which charges are collected by the tax collector may continue to be administered and operated in accordance with the terms of the ordinance under which such service areas were established; provided, however, the board of county commissioners may, by resolution, transfer the responsibility for operating and administering such areas to the utilities department. If such transfer occurs, these areas will also be subject to this article.

(Code 1970, § 20-82; Ord. No. 82-08, § 11, 3-16-82)

Secs. 94-57—94-70. - Reserved.