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48-616. Improvement districts for purchasing energy for lighting public streets and parks

A. In addition to the purposes for which an improvement district may be formed under the provisions of section 48-572, an improvement district may be formed for the sole purpose of purchasing and not generating energy for the lighting of the public streets and parks of the improvement district.

B. Subject to the limitations contained in this section, the powers and duties of the governing body of a municipality shall be as provided in this article for other types of improvement districts.

C. The governing body shall make annual statements and estimates of the expenses of the district which shall be provided for by the levy and collection of ad valorem taxes upon the assessed value of all the property real and personal in the district or by an equal apportionment of taxes based on the number and classification of properties within the district, publish notice of the statements and estimates, hold hearings on them and adopt them at the times and in the manner provided for incorporated cities and towns' statements and estimates by applicable portions of title 42, chapter 17, article 3, and the governing body, on or before the third Monday in August each year, shall fix, levy and assess the amount to be raised by ad valorem taxes or by an equal apportionment of taxes upon all of the property of the district and collect as county taxes are collected the amounts shown by the statements and estimates as adopted by the governing body. All statutes providing for the levy and collection of general county taxes, including collection of delinquent taxes and sale of property for nonpayment of taxes, are applicable to the district taxes as provided to be levied by this section.

D. An improvement district formed under the provisions of this section shall not be authorized to issue bonds, and no assessment for district purposes against the property within such district shall exceed one dollar twenty cents per one hundred dollars of assessed valuation thereof in any year.

E. No such district is authorized to engage in any activity other than contracting for and purchasing of energy for street and public park lighting.

F. In the event the municipality is willing to participate in the costs of the lighting of streets in such improvement districts, the governing body may by resolution summarily order such participation. If the municipality is willing to assume the total cost of such lighting, the council may summarily dissolve the district by resolution after payment of all liabilities.

G. The formation of an improvement district for street and public park lighting under the provisions of this section shall not prevent the subsequent establishment of improvement districts for other purposes, including improvement districts for the purpose of constructing street lighting facilities within any part or all of the same territory.

H. In the event an improvement district is formed which includes the construction and operation of street lighting facilities within all or any part of the territory of a district formed under this section, the governing body may by resolution summarily delete from the district formed under this section any area covered by a subsequently formed district and form a new district from the balance of the original district formed under this section.

I. The rate to be paid for the purchase of energy may include a charge for electric power, natural gas and other forms of energy and a charge for the use of lighting facilities if the established rate of the public service corporation or public agency imposes such a charge for the type of lighting facilities which the governing body determines shall be installed in accordance with section 48-617, subsection C.

J. In either a new or existing improvement district organized for purposes prescribed by this section, a majority of the real property owners may petition the governing body to levy ad valorem taxes or to equally apportion the taxes based on the number and classification of properties within the district. If the petition is signed by the required number of owners of real property in the district, the governing body of the district shall declare the petition approved and shall provide that beginning on a date certain, all subsequent taxes levied for the benefit of the district shall be assessed and levied as prescribed by this subsection.