48-960. 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 48-909, 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 board of directors of such district and those of the board of supervisors shall be as provided in this article for other types of improvement districts.

C. The board of directors shall furnish annual estimates of the expenses of the district. The expenses shall be paid by a tax on the property of the district pursuant to sections 48-952, 48-954 and 48-955. The tax shall be levied on the assessed valuation of all property in the district unless a majority of the real property owners in a new or existing district petitions the board of directors to apportion the tax among the lots in the district according to the area in square feet of each lot. The petition for the formation of the district may contain a provision for assessment based on square footage. In either event, if the petition is signed by the required number of owners of real property in the district, all subsequent taxes of the district shall be assessed and levied according to the area in square feet of each lot in the district.

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 the minimum rate per one hundred dollars of taxable valuation that is necessary to pay the full cost of purchasing energy in the district in any year if the tax is levied on the basis of assessed valuation.

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

F. In the event the entire area comprising an improvement district for street lighting becomes annexed to any city or town and the city or town is willing to continue the lighting of streets in the area so annexed, the board of directors may by resolution summarily dissolve the street lighting district.

G. In the event only a part of the district becomes annexed to any city or town and the city or town is willing to continue the lighting of streets in the area so annexed, the board of directors may by resolution summarily delete from the district the area so annexed and reconstitute the district from the balance of the original improvement district for street lighting.

H. 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.

I. 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 board of directors 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.

J. 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 48-961, subsection C.