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HomeMy WebLinkAboutORD 6189 AMEND ARC CODE STREET LIGHTING DIST Augusta Richmond GA DOCUMENT NAME: 0- \ ~ q Cf - CJ2\ ~q DOCUMENT TYPE: OYO\\Or\ce YEAR: Qq BOX NUMBER: 0'6 FILE NUMBER: \l\3bl NUMBER OF PAGES: .~ ~ :\ ;- " if ,I' ORDINANCE NO. 6189 AN ORDINANCE TO AMEND THE AUGUSTA-RICHMOND COUNTY CODE SO AS TO PROVIDE FOR THE CREATION OF SPECIAL SERVICES STREET LIGHTING DISTRICTS; TO PROVIDE FOR THE RESPONSIBILITY FOR ADMINISTERING SUCH DISTRICTS; TO ESTABLISH THE METHOD OF COMPUTATION FOR INSTALLING AND MAINTAINING THE STREET LIGHTING; TO PROVIDE A METHOD OF COLLECTION; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME that the Augusta-Richmond County Code Chapter 3, Article 1, Street Lighting, Section 7-3-1 through 7-3-7, are hereby deleted in their entirety, and in lieu thereof, the following Sections are hereby adopted, to wit: ~ 7-3-1. - PROGRAM--CREATION. (a) There is hereby created and established within Augusta- Richmond County a Streetlighting Program, (b) Pursuant to Constitutional authorization in 1970 Ga. Laws, p. 1097, the Augusta-Richmond County Commission is authorized and empowered to establish districts for the purpose of erecting, establishing, maintaining and operating within Richmond County streetlights and lamps for illumination of the public streets, roads, sidewalks and ways situated in said county, If at least fifty (50) percent of the property owners within the proposed district shall assent thereto, the Augusta- Richmond County Commission shall be further authorized to levy, assess and collect a tax or special assessment against the property located in said districts for the ~ aforesaid purposes or make service charges against all businesses and residents served by said facilities as the Commission shall deem necessary for the services rendered, all without regard to uniformity, Such tax assessments shall be collected by the tax commissioner and may be enforced by the' issuance of fi fa's or executions for said charges in the sanle manner and with the same lien dignity and priority as fi fa's or executions are issued for state and county taxes, Said Commission is further authorized to compel compliance with reasonable rules and regulations necessary for said services, (c) Pursuant to 1995 Ga, Laws, p. 3648, the Augusta- Richmond County Commission is authorized to create special services tax districts . and to assess, levy, and collect ad valorem taxes and collect service charges and fees for the provision of district services within a special services district only in accordance with the kind, character, type, and degree of district services provided by the Commission within such special services tax district. The provisions of this section shall control ad valorem taxation and the collection of service charges and fees for the provision of district services within special tax districts by the Commission. District services as used herein specifically includes streetlights as provided in Article 9, Section 2, Paragraph 3, of the Constitution of the State of Georgia. S 7-3-2. RESPONSIBILITY. STREETLIGHT PROGRAM The administrative responsibility for the program is hereby assigned '1 ,- to the traffic engineering ,division of the public works department of Augusta- Richmond County, S 7-3-3. STREETLIGHT COORDINATOR -- SECURING SERVICES. The public works department is hereby authorized to secure the services of a competent and qualified person to assume the duties of streetlight coordinator, S 7-3-4. STREETLIGHT COORDINATOR -- DUTY TO RECOMMEND STANDARDS AND PROCEDURES. (a) The coordinator shall recommend to the Augusta-Richmond County Commission such resolutions, standards and procedures that he deems desirable to implement the streetlighting program, (b) The coordinator, after completion of any construction or maintenance authorized hereunder in any designated area, shall prepare and make up an assessment roll properly describing said improvements and how the owners of the abutting property are to be assessed with the total cost or any portion thereof, of any given project, and forward the same to the Augusta-Richmond County Commission for approval. Upon approval by the Augusta-Richmond County Commission, the assessment roll shall inunediately be forwarded to the tax commissioner. In making assessments against the abutting property, the same shall be equitable and in portion to the street frontage to be served by said streetlights, (c) The Augusta-Richmond County Commission, by resolution, shall . . .~, - ., '. ~ designate a special service tax district, identifying the district boundaries and approving the assessment roll described in subparagraph (b) hereof. S 7-3-5. ASSESSMENT OF COST. The annual cost and charges for the maintenance and operation of the streetlights shall be assessed on a street side footage basis per year to each property owner and shall be a lien upon the abutting property annually from January I next and continuing each year until all annual charges have been paid. S 7-3-6. STANDARDS FOR INSTALLATION AND OPERA TION OF SYSTEM -- ADOPTION. The American Standard Practice for Roadway Lighting as sponsored by the Illuminating Engineering Society and approved by the American Standards Association will be used as standards for installation and operation of street and roadway lighting in Augusta-Richmond County, S 7-3-7. STANDARDS FOR STREETLIGHTS-- MANDATORY. No lighting fixtures will be installed, operated or maintained within the rights-of-way of any public street, road, highway, alley or sidewalk within Augusta-Richmond County or affixed to any pole, standard or other supporting device which is located within rights-of-way, unless such fixture conforms as to location, installation, equipment, operation and maintenance to the roadway and streetlighting standard and procedures established in S 7-3-4, Fixtures located outside of the rights-of-way will be installed, operated and maintained in such a _. 'i1. .f . , -; , . ~ manner as to prevent light beams, patterns or glare from projecting on rights-of-way in such manner as to be a hazard to, or interfere with, the normal use of the public street, road or highway. Section 2. This ordinance shall become effective upon adoption, Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Duly adopted this liJ:.lL day of , 1999, and on this day of AITEST:~ ,,~ ~er lerk f Young, Mayor ,1999. Wavie 2nd Reading Published in the Augusta Chronicle August 24, 1999