Chapter 13.30


13.30.010    Street lighting services.

13.30.020    Definitions.

13.30.030    Potential hazards declared.

13.30.040    Street lighting utility created – Responsibilities.

13.30.050    Ownership of city street lighting facilities and assets.

13.30.060    System of rates and charges.

13.30.070    Billing and collection.

13.30.080    Appeal of charges.

13.30.010 Street lighting services.

(1) Findings on Harm Caused by Lack of Street Lighting. The city council has determined that the city’s physical growth and urban development has and will continue to increase the type and amount of street lighting necessary in the city. The city council finds that having a consistent standard for street lighting will enhance the look of the city streets and promote the city as a desirable place to live and to do business. The city council has determined that street lighting will reduce crime and promote commercial enterprise in the business districts of the city and promote the residents’ access to emergency services, and that dark neighborhoods impose hazards to both life and property.

(2) Purposes and Objectives. In view of the foregoing, the purposes and objectives of this chapter are to:

(a) Provide and maintain a consistent street lighting system for the city;

(b) Provide fair, equitable and nondiscriminatory rates and charges for street lighting services and related services which will generate sufficient revenues for operating, improving, and maintaining the street lighting utility at a level commensurate with street lighting management needs. The rates and charges shall be set by considering needed revenues and the amount of street lighting needed for developed parcels and the respective characteristics of the parcel, and applying said rates and charges consistently for the same class of customers; and

(c) Establish a policy that present and future rates and charges for this service should be fixed with consideration of the difference in cost fairly allocated to the various customers based upon such factors as the intensity of development of the parcel; the types of development on the parcel; the cost of maintenance, operation, repair and improvements of the various parts of the utility; and other factors which present a reasonable basis for distinction and which will allow for management of the street lighting in a manner that protects the public health, safety and welfare. [Ord. 11-19-02-1 § 1.]

13.30.020 Definitions.

For the purposes of this chapter, the following terms, phrases and words shall have the following meanings:

“City” means Riverton City.

“Council” means the city council.

“Customer” or “person” means any individual; public or private corporation and its officers; partnership; association; firm; trustee; executor of an estate; the state or its departments, institutions, bureaus, agencies; county; city; political subdivision; or any other governmental or legal entity recognized by law.

“Developed parcel” means any parcel which has been altered by grading or filling of the ground surface, or construction of any improvement.

“Director” means the city manager or the director’s designee.

“Single-family residential parcel” means any parcel of land which is improved with a dwelling unit as defined by RCC Title 18, Land Use and Development.

“Undeveloped parcel” means any parcel which has not been altered by grading or filling of the ground surface, or by construction of any improvements. [Amended during 2011 recodification; Ord. 11-19-02-1 § 1.]

13.30.030 Potential hazards declared.

The city council finds and declares that the lack of street lighting within the city constitute a potential hazard to the health, safety, welfare and property of the city inhabitants. All existing street lighting facilities, whether owned by the city or leased, constitutes the city’s street lighting system. [Ord. 11-19-02-1 § 1.]

13.30.040 Street lighting utility created – Responsibilities.

There is created and established a street lighting utility to be known as the Riverton City street lighting utility. [Ord. 11-19-02-1 § 1.]

13.30.050 Ownership of city street lighting facilities and assets.

The city’s street lighting assets to be transferred to the utility shall be determined by the city council, or its designee, and transferred to the utility. Until such transfer, the utility shall operate, maintain and improve all city street lighting facilities used for the lighting of streets and other public places, including those owned by the Riverton City Special Street Lighting District No. 1. [Ord. 11-19-02-1 § 1.]

13.30.060 System of rates and charges.

(1) There is hereby imposed a street lighting fee on each parcel of developed real property within the city. The fees shall be as set forth in this section until changed by a resolution of the city council. The fees shall fund the administration, planning, design, construction, operation, maintenance and repair of existing and future street lighting facilities.

(2) The utility’s residential services fee shall be as follows:

(a) Single-family residential and duplex parcels are charged a monthly fee of $5.00 per month until such time as changed by resolution of the city council.

(3) Undeveloped Parcels. Undeveloped parcels shall have no charges assessed against such parcels.

(4) Other Parcels. The fee for all other parcels shall be $5.00 per parcel until such time as changed by resolution of the city council.

(5) Low Income Abatement. A customer who owns a single-family residential parcel and is qualified for any abatement pursuant to the public utilities department’s low income abatement program shall be eligible for a reduction of the service charges for such parcel. [Ord. 11-19-02-1 § 1.]

13.30.070 Billing and collection.

(1) Billing. The department of public utilities shall cause billings for street lighting utility services to be rendered periodically to the person who is the owner of the parcel, or the owner’s agent, who has signed for water and garbage service to the parcel. The amounts to be billed shall be included on the existing department of public utilities bill as a separate line item. A street lighting-only billing will be sent to those persons who are owners of parcels within the city, but are not currently city utility customers.

(2) Collection.

(a) In the event partial payment is made on a combined bill, the payment shall be applied to each service on a pro rata basis.

(b) In the event of delinquency, fees and charges levied in accordance herewith shall be a debt due the city. If this debt is not paid within 30 days after billing, it shall be deemed delinquent and subject to recovery in a civil action and/or said department shall have the right to terminate water and garbage services to the premises. Any uncollected amount due from the person or persons who own the parcel on any inactive, terminated or discontinued account may be transferred to any active account under the same person’s or persons’ name(s), and, upon failure to pay such bill after at least five days’ prior written notice, water and other city services to that account and parcel may be discontinued.

(c) Restoration of Service. Water, garbage and street lighting service shall not be restored until all charges have been paid in full.

(d) Utility Enterprise Fund. There is created the street lighting utility enterprise fund. All funds received from such street lighting service charges shall be placed in the enterprise fund and left separate and apart from all other city funds. The collection, accounting and expenditure of all street lighting utility funds shall be in accordance with existing fiscal policy of the city. [Ord. 11-19-02-1 § 1.]

13.30.080 Appeal of charges.

(1) Any owner or person who considers the city’s street lighting charge applied to their parcel to be inaccurate, or who otherwise disagrees with the utility rate determination, may apply to the director for a service charge adjustment. Such a request shall be in writing and state the grounds of such an appeal. The director shall review the case file and determine whether an error was made in the calculation or application of the fee and make an adjustment to the charge, if necessary, to provide for proper application of the city’s rates and charges pursuant hereto. In all cases, the decision of the director shall be final unless appealed.

(2) Any appeal under this chapter shall be filed in writing with the director no later than 20 days after said billing. Any subsequent appeal shall be brought within 20 days after the date of the appealed decision.

(3) Appeal of decisions made by the director may be brought before the city council, who may reevaluate the issue raised in the appeal. Decisions of the city council shall be final and conclusive.

(4) Nothing in this chapter shall be construed to grant a right to judicial review which does not otherwise exist at law. [Ord. 11-19-02-1 § 1.]