405 Street Light Fees

405.01  Establishment. Pursuant to the Detroit Lakes Home Rule Charter and Minn. Stats. 455.23 and 429.021, the City Council hereby authorizes the imposition of just and reasonable charges for the use and availability of street light facilities. 

405.02  Finding and Determination.

Subd. 1.  In the exercise of its governmental authority and in order to promote the public health, safety, convenience and general welfare, the City Public Utility Department has constructed, operated and maintained a street light system.  This ordinance is adopted in the further exercise of such authority and for the same purposes.

Subd 2.    Cost to operate the street light system have been paid through ad valorem taxes and other general revenues of the City.  It is now necessary and desirable to provide for recovery of some or all of the future costs of operating the system through the imposition of charges as provided in this ordinance.

Subd. 3.  Taking into account past methods of recovering system operating costs, the availability of street lights and other relevant factors, it is determined that it would be just and equitable to  recover some or all of the  cost of operating the system on an equitable basis  from  all occupied properties in the city.

405.03  Street Light Fees.       Street Light Fees and other charges and revenues collect hereunder shall be placed in a separate account in the City’s General Fund and used to pay normal, reasonable and current costs of operating the street light system.

405.04  Occupied Parcel.   An occupied parcel of land shall be a parcel with a residential, commercial, industrial, institutional, school, church or other parcel as defined in accordance with the classifications set forth in section 404.05 of the City Code.

405.05  Street Light Charges.  Rates and charges for the provision of street lights shall be established by resolution of the City Council .    

405.06  Other Land Uses.  Other occupied land uses not listed in 404.05 shall be classified by the City Administrator by assigning them to classes most nearly like the listed uses.  An appeal of such classifications from the determination of the City Administrator may be made to the City Council.

405.07  Exemptions.  Public street rights-of-way and vacant unimproved land are exempt from street light charges. 

 405.08  Payment of Charges.  Statements for street light charges shall be made a part of the utility billing system invoiced through the City Administrator's Office on a monthly basis.  All charges shall be subject to procedures established for determining and collecting customer charges. 

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405.09  Late Payment Penalty.  Each billing for street light charges which are not paid when due, shall incur a penalty charge of 10% of the amount past due.

405.10  Establishment of Tax Lien.  Any past due street light charges established in accordance with this ordinance will be certified to the County Auditor for collection with real estate taxes, pursuant to Minn. Stat. Section 429.101, the Detroit Lakes City Code and the Detroit Lakes Home Rule Charter..  In addition, the City may file a lien pursuant to Minn. Stat. 514.67 and other applicable law and may bring a civil action or take other legal remedies to collect unpaid charges.

 Adopted: 5/12/2009  Ord. No. 333

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