[HISTORY: Adopted by the Council of the City of Breckenridge 12-21-2009 by Ord. No. 472. Amendments noted where applicable.]
There is hereby established a City-wide streetlighting system for the City of Breckenridge. The City-wide streetlighting system shall be operated as a utility under the Breckenridge Public Utility Commission pursuant to the City Charter and applicable statutes. The revenues shall be subject to provisions of this chapter and M.S.A. § 429.101.
The City Council has determined that, to promote the general health, safety, and welfare of the citizens and residents of the City, it is in the best interests of said citizens and residents that the City operate and maintain a City-wide streetlighting system and further has determined that the operation and maintenance of such a system benefits each and every property within the City. The City Council has therefore determined that it is fair, appropriate and reasonable that the costs of such operation and maintenance be paid on a fair and reasonable basis by all of the property in the City so benefited and that cost thereof should be charged to and collected from all such benefitted property.
The Breckenridge Public Utility Commission shall charge utility fees established from time to time by the Council by resolution to recover from property benefitting from the system the debt service, operation and maintenance costs of streetlighting system facilities in the City. Subject to the limitations contained in this section, this chapter shall apply to all property in the City of Breckenridge. The Council may establish differing rates for residential property and nonresidential property based on its determination of the reasonable benefits accruing to each such classification of property;
The fees charged under this chapter shall be charged along with and in the same manner as stormwater utility fees pursuant to Ch. 159, Art. I, of Ordinance No. 470. The utility fees established by this chapter are the joint and several responsibility of the owner, lessee and the occupant of each lot or parcel subject to the fee. The City Council may provide for penalties and interest for late payments in the resolution establishing the utility fee rate;
In the event that any utility fees under this chapter are not paid when due, the payment thereof may be enforced in the same manner as any other utility fee owed to the City including those owed with regard to electric, water or sewer service, which enforcement may include but shall not be limited to the right to discontinue any or all such electric, water or sewer service being provided to the benefitted property;
In addition, delinquent utility fees shall be collected in the same manner as taxes against the property and may also be collected in an action at law against the owner, lessee or the occupant of the parcel. On or before November 15 of each year, the City Administrator or his/her designee will certify to the County Auditor a listing of all delinquent streetlighting system utility fees for collection with real estate taxes during the following year or any year thereafter in the manner prescribed in Article VII, pursuant to M.S.A. § 444.075, Subdivision 3.
[Amended 5-7-2018 by Ord. No. 499]
Editor's Note: See Charter, Art. VII, Public Utilities.