§ 19.16.030. Custom lighting.

A.

The subdivider may elect to provide custom lighting in lieu of the required standard streetlighting, subject to the approval of such lighting by the city manager or designee. Custom lighting shall be furnished and installed to meet the approved standards of Title 18 of this City Code.

B.

Where custom lighting is approved within the street right-of-way, the city or county shall be liable for the costs of electrical energy of the custom lighting provided that the following conditions are met:

1.

A separate rate can be charged to the city by the electric utility for the custom lighting proposed; and

2.

The total rate charged to the city is equal to or less than the rate for electrical energy for standard streetlighting.

C.

If a subdivider elects to provide and install custom lighting, a public improvement district (or other such private entity) shall be created which will be perpetually liable for all costs associated with the maintenance of the lighting fixtures. Where the city is not liable for the costs of electrical energy from the custom lighting as provided in this subsection, the public improvement district shall also be liable for the electrical energy costs of the custom lighting.

D.

An agreement between the city and the public improvement district shall be required which makes adequate provision to indemnify and hold the city harmless from any claims which may arise from the custom lighting, whether within or outside of the public right-of-way. The agreement shall provide that the city may require that any or all of the installed custom lights be removed, at the public improvement district expense, when a finding is made by the city council or county commissioners' court based on a recommendation of the city engineer or other designee of the city manager or county engineer that the custom lighting creates a nuisance or is unsafe. Upon such a finding, standard streetlighting pursuant to this chapter shall be required to be furnished and installed to replace the custom lighting.

E.

The city shall reserve the right to review and approve all such provisions of the agreement. The agreement shall accompany the subdivision improvement plan submission. Restrictive covenants which include the provisions for continuous lighting and perpetual maintenance of the custom streetlights shall be recorded by the subdivider concurrently with the subdivision.

F.

Where custom lighting is provided, the subdivider or public improvement district shall notify the electric utility before any work is commenced at any streetlight location.

G.

Custom streetlighting placed within the public right-of-way shall meet the lumen level required in the DSC and provide roadway coverage meeting or exceeding that provided by standard streetlighting. Lighting outside the right-of-way shall meet the lumen level and coverage requirements of the DSC.

(Ord. 16882 § 2 (part), 2008)

(Ord. No. 17236, § 6, 11-10-2009; Ord. No. 17811, § 5, 6-5-2012, eff. 6-11-2012)