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Flowery Branch OKs 1st reading of streetlight law

Public hearing set for Aug. 16

POSTED: July 5, 2012 10:34 p.m.

The Flowery Branch City Council passed the first reading of an ordinance Thursday night that would start charging neighborhood residents for streetlights.

Ordinance 467 proposes setting up two special assessment districts — one for Newberry Point, Madison Creek and Portsmouth subdivisions — and one for all other subdivisions.

Newberry Point and Portsmouth residents would pay around $30 per year and Madison Creek residents about $40 per year. The difference in charges between those subdivisions is based on the number of lights and properties served by them.

The ordinance passed unanimously.

“At this point, it’s putting all neighborhoods on an equal basis,” said Mayor Mike Miller. “We have some neighborhoods that are not paying for their streetlights and some that are. With this ordinance it allows for the creation of the districts so that all neighborhoods will be equal in terms of streetlights.”

Newberry Point and Portsmouth currently do not pay for streetlights and Madison Creek has a deal with the city to pay a governmental rate to Georgia Power.

All other neighborhoods pay for their lights through homeowner’s associations or other arrangements.

City officials are not sure how much those neighborhoods pay for streetlights per year because the city does not foot the bill.

The ordinance surfaced last year, but died following a vote to postpone it in November. Language has since been added allowing homeowner’s associations to pay the bill, if the neighborhood chooses.

“It allows for the homeowner’s association to petition the city and take up that entire bill and the homeowners would not be billed individually,” said Miller.

That was of some concern for many who said the main responsibilities of their associations were utility payments.

“It (would have) eliminated the primary reason for our homeowner’s association,” said Nancy Stewart during the meeting.

But some residents see the ordinance as a money-maker for the city.

“If you want to generate income, find another source,” said Ed Lezaj while addressing the council. “(The assessment) is not equitable.”

James Riker, Flowery Branch’s city planner, said the districts are the council’s way to ensure equality.

“That’s the simplest way to prove to those residents that they’re only paying for their lights and not someone else’s in another subdivision,” said Riker.

He said the city pays between $35,000 and $40,000 per year on streetlights, including the two neighborhoods and downtown.

Lezaj said the city is basically implementing another tax and questioned the legality of the ordinance.

“It’s a tax, not an assessment,” he said.

But Riker said many local governments use the same approach, including Hall and Gwinnett counties.

A second reading is required before the ordinance goes into effect.

A public hearing on the ordinance will be held on Aug. 16.

Jul. 5, 2012 08:18p.m. EDT Flowery Branch OKs 1st reading of streetlight law Gainesville Times

The Flowery Branch City Council passed the first reading of an ordinance Thursday night that would start charging neighborhood residents for streetlights.

Ordinance 467 proposes setting up two special assessment districts — one for Newberry Point, Madison Creek and Portsmouth subdivisions — and one for all other subdivisions.

Newberry Point and Portsmouth residents would pay around $30 per year and Madison Creek residents about $40 per year. The difference in charges between those subdivisions is based on the number of lights and properties served by them.

The ordinance passed unanimously.

“At this point, it’s putting all neighborhoods on an equal basis,” said Mayor Mike Miller. “We have some neighborhoods that are not paying for their streetlights and some that are. With this ordinance it allows for the creation of the districts so that all neighborhoods will be equal in terms of streetlights.”

Newberry Point and Portsmouth currently do not pay for streetlights and Madison Creek has a deal with the city to pay a governmental rate to Georgia Power.

All other neighborhoods pay for their lights through homeowner’s associations or other arrangements.

City officials are not sure how much those neighborhoods pay for streetlights per year because the city does not foot the bill.

The ordinance surfaced last year, but died following a vote to postpone it in November. Language has since been added allowing homeowner’s associations to pay the bill, if the neighborhood chooses.

“It allows for the homeowner’s association to petition the city and take up that entire bill and the homeowners would not be billed individually,” said Miller.

That was of some concern for many who said the main responsibilities of their associations were utility payments.

“It (would have) eliminated the primary reason for our homeowner’s association,” said Nancy Stewart during the meeting.

But some residents see the ordinance as a money-maker for the city.

“If you want to generate income, find another source,” said Ed Lezaj while addressing the council. “(The assessment) is not equitable.”

James Riker, Flowery Branch’s city planner, said the districts are the council’s way to ensure equality.

“That’s the simplest way to prove to those residents that they’re only paying for their lights and not someone else’s in another subdivision,” said Riker.

He said the city pays between $35,000 and $40,000 per year on streetlights, including the two neighborhoods and downtown.

Lezaj said the city is basically implementing another tax and questioned the legality of the ordinance.

“It’s a tax, not an assessment,” he said.

But Riker said many local governments use the same approach, including Hall and Gwinnett counties.

A second reading is required before the ordinance goes into effect.

A public hearing on the ordinance will be held on Aug. 16.

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