Sec. 122-1. - Procedure to create or enlarge lighting district.

(a)

A new lighting district may be created, or an existing lighting district enlarged, by motion and three affirmative votes by the Board of County Commissioners in a regular or special meeting or by petition to the board by 50 percent plus one of the persons owning property within the proposed district, or area to be added to an existing district.

(b)

The motion or petition shall describe the territory within the proposed district or addition thereto, and the district if any.

(c)

Within 30 days the clerk shall forward any petition to the property appraiser.

(d)

The property appraiser shall verify that the petition is duly signed by 50 percent plus one of the property owners within the boundaries of the proposed district or area to be added and return the petition to the clerk of the Board of County Commissioners.

(e)

The clerk shall enter any qualified petition as a board agenda item.

(f)

The Board of County Commissioners may by motion direct the county engineer to prepare a preliminary report to include the following:

(1)

The boundaries or other description sufficient to identify the property petitioned to be included in the district or enlargement; the engineer's recommendations as to territory that should be excluded based upon disproportionate cost of providing service or other reasons; any recommendation to include additional territory; an estimate of the cost; an estimate of the annual expense of maintaining, repairing and operating the project; and his recommendations concerning service charges and the levy of special assessments for paying all or a part of such expenses.

(2)

The engineer's recommendations concerning the need for the desirability of the project, the ability of the affected property to bear the special assessments and his opinion concerning:

a.

If all lots and parcels within the proposed area will be specially benefited by the proposed project;

b.

If any property which would be specially benefited by such project is not included in the district; and

c.

If each lot or parcel in the district will be specially benefited by such project in excess or the amount of such special assessments to be levied thereon.

(3)

If the recommendations are favorable to the creation or enlargement of the district; a recommended levy of special assessments against the benefited property, and an estimate of the amount to be assessed against each front foot or other unit of benefited property.

(4)

The engineering report shall be filed with the clerk of the Board of County Commissioners.

(g)

The clerk may cause notice of a public hearing to be published in a newspaper of general circulation in the county at least 20 days before and hold a public hearing upon such report and the question of the creation or enlargement of said district.

(h)

Any person aggrieved by the creation or enlargement of any lighting district in accordance with this section shall, within 20 days, appeal to the Board of County Commissioners and present evidence supporting his grievance. After such hearing the board's decision shall be final.

(i)

A lighting district shall be deemed created or enlarged in accordance with this section 30 days after the public hearing thereon, or 30 days after the board's decision concerning an appeal, whichever is the latter.

(Ord. No. 73-20, § 1)

Secs. 122-2—122-25. - Reserved.