§ 2.09. Street lighting.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Specialized street lighting means any decorative or higher luminous fixture other than standard street lighting.

Standard street lighting means a 30- to 35-foot concrete pole with a four-foot arm providing 100 watt HPS luminosity.

(b)

Required. Street lighting, as specified under this section, is required in conjunction with the development of lands and as part of the subdivision of lands. Street lighting shall be provided on public and private streets, as specified in this section, with installation by the developer of the subdivision at the developer's cost, at the time of subdivision road improvements. All street lighting shall be operational no later than the date of issuance of the city's certification of completion of the subdivision improvements.

(c)

Specifications. Street lighting specifications are as follows:

(1)

Street lighting shall be installed along all streets within a subdivision, along streets that abut the subdivision and along public and private streets. The spacing, distance from the edge of the pavement, height, light intensity, shading, light color, wiring, and light supports are to be in accordance with the National Lighting Standards and Florida Power Corporation requirements.

(2)

Wiring, conduits, junction boxes and all other items and matters pertaining to street lighting shall be installed underground except for the light source and supports required to elevate the light source.

(3)

Street lighting and the street lighting plan shall comply with all applicable requirements of the Code of Ordinances. Prior to installation of any street lighting, the developer shall deliver to the city engineer Florida Power Corporation's written certification that the proposed street lighting and street lighting plan meets all Florida Power Corporation requirements, National Lighting Standard requirements, and requirements of the Code of Ordinances.

(d)

Coordination with utility. Installation of street lighting shall be coordinated with the electric utility providing power for the lighting. If any conflict occurs between the requirements of this section and the requirements of the electric utility, deviation from the requirements of this section shall only be allowed upon approval of the city commission upon finding that the primary purposes of this section will be met and that compliance with the relevant requirement of this section is not technically feasible.

(e)

Public streets. The following are applicable to street lighting installed on public streets:

(1)

The developer shall be responsible for the installation, maintenance, repair, replacement and operational and electrical costs of street lighting installed on public streets as required by this section until the end of the calendar year in which the city receives written notice from the developer that certificates of occupancy have been issued for buildings constructed on 75 percent of the lots in the subdivision. Beginning with the calendar year following such notice, the city shall be responsible for the maintenance, repair, replacement and operational and electrical costs of standard street lighting on public streets. The city shall not have any responsibility for and the developer shall have continuing responsibility for specialized street lighting, which is subject to a separate agreement with the city as provided in subsection (e)(3) of this section. The written notice from the developer regarding issuance of certificates of occupancy is subject to verification by the city for accuracy.

(2)

At the time of the preconstruction conference, the developer shall advise the city regarding the type of street lighting to be installed and shall, at the time of the final plat, based upon the billing estimate received by the city from the electric utility with respect to the proposed street lighting, prepay to the city the street lighting costs, including charges related to specialized street lighting, if applicable, for the first year (i.e., 12 months) for all such street lighting to be installed on public streets. The city shall use such funds for the payment of street lighting invoices received from the electric utility and any other costs associated with such street lighting. Thereafter, the city shall annually submit an invoice to the developer in advance for such street lighting costs until such time as the city receives written notice from the developer that certificates of occupancy have been issued for 75 percent of the lots in the subdivision as set forth in this subsection and as verified by the city. If the city has received written notice from the developer that the responsibilities for the payment of invoices, including charges related to specialized street lighting if applicable, have been transferred to a homeowners' association and satisfactory evidence indicating the homeowners' association's agreement and capacity to assume such costs has been recorded in the public records, the city may submit an invoice to the homeowners' association. The developer shall remain liable and shall pay for all such costs if not promptly paid by the homeowners' association. Invoices to the developer or association shall be based on estimated costs of the public street lighting as determined by the city. The developer or association shall not be entitled to a refund for prepaid street lighting costs incurred either before or during the calendar year in which the city receives written notice from the developer that certificates of occupancy have been issued for 75 percent of the lots in the subdivision.

(3)

If a developer has installed specialized street lighting on a public street, the developer, the applicable homeowners' association and the city shall, prior to or at the time of approval of the first plat, enter into an agreement acceptable to the city which provides that the electric utility shall directly bill the developer or homeowners' association for all costs associated with public street lighting. At such time as the city becomes responsible for the standard street lighting costs on such public streets, as provided for in subsection (e)(1) of this section, the city shall reimburse and shall continue to reimburse the developer or homeowners' association for the prevailing rate for standard street lighting costs on public streets thereafter incurred and paid by the developer or homeowners' association. Payments to be made by the city after payment by the developer or homeowners' association start in January of the calendar year following the written notice and verification of issuance of 75 percent of the certificates of occupancy and each January thereafter. Nothing contained in this subsection shall be construed to prevent the homeowners' association from entering into such agreement during the time it is controlled by the developer. The developer and the homeowners' association shall remain liable for all costs for specialized street lighting above costs for standard streetlights.

(4)

Notwithstanding subsection (e)(3) of this section, during the time the developer or homeowners' association is responsible for the costs of public street lighting, the city may, at its option, arrange for direct billing by the electric utility to a developer or homeowners' association for the costs of public street lighting. In such event the procedures set forth in subsection (e)(2) of this section regarding payments by the developer to the city shall not be applicable.

(5)

Any invoices to a developer or homeowners' association for payment of public street lighting shall be due and payable 30 days from the date of such invoice. If payment is not be received within such timeframe, the invoices shall bear interest at the rate of 18 percent per annum or the highest rate allowed by law, whichever is less, until paid. If any such invoice remains unpaid for a period of 60 days, the city may take any action deemed necessary in order to collect the unpaid invoice, including but not limited to the retaining of the services of a collection agency or attorney and initiating legal proceedings for collection thereof. In such event, the city shall be entitled to receive its reasonable attorney's fees, paralegal fees and other costs and expenses, whether incurred prior to, during, or subsequent to court proceedings or on appeal.

(6)

The developer shall be responsible for the installation, maintenance, repair, replacement, and operational and electrical costs of street lighting installed on private streets. The developer shall directly contract with the relevant electric utility regarding such street lighting. The obligations of the developer under this subsection may be transferred to and assumed by the applicable homeowners' association. The city shall have no responsibility for the installation, maintenance, repair, replacement or operational or electrical costs of street lighting installed on private streets.

(Code 1988, § 19-159)