Title
A Resolution of the City Council of the City of Foley, Alabama, Establishing a Policy Regarding the Ownership, Operation, Maintenance, Replacement, and Electrical Service Costs of Streetlights Within HOA-Controlled Residential Subdivisions
Summary
Description of Topic: (who, what, where, when, why and how much) This resolution shall be the policy of the City of Foley that the City shall not assume ownership, operation, maintenance, repair, replacement, or electrical service costs for streetlights installed within HOA-controlled residential subdivisions, including streetlights located within public rights-of-way, unless otherwise expressly approved by the City Council through a separate written agreement.
Budgetary Impact:
Non-Capital Item:
____ Budgeted under account #_______________ (discussion item)
____ Not budgeted, requesting transfer of $__________ from Account #______________ to Account #_____________.**Request to Transfer Departmental Budget Dollars form must be attached**
____ Not budgeted requiring increase to account #___________ in the amount of $____________.**Request to Increase Departmental Budget Dollars form must be attached**
Capital - Departmental **Capital Purchase Worksheet form must be attached**
____ Budgeted under account #______________ for $_________ and described in budget as ________________________. Additional amount needed, if any: Increase in budget of $_________ OR, transfer of $________ from Account #____________ to Account #_____________**Request to Increase OR Request toTransfer Departmental Budget Dollars form must be attached**
____ Not Budgeted - account #____________ requires budget increase of $_____________.**Request to Increase Departmental Budget Dollars form must be attached**
Capital Project - **If requesting to start a project, a Capital Project Worksheet form must be attached**
In current year Capital Projects Plan:
_____ Yes, described as __________________________, planned amount $___________, requesting $_________ as total project estimate, including contingencies, under account #_________________
_____ No, requesting $___________ as total project estimate, including contingencies, under account #____________________.
_____ Yes, requesting an increase of $___________ to an already approved project titled ________________________ that is being tracked under Account No. ___________________.
_____ No, requesting an increase of $__________ to an already approved project titled _______________________ that is being tracked under Account No. _________________.
Body
WHEREAS, the City of Foley, Alabama has historically assumed, in certain circumstances, ownership, operation, maintenance, replacement, and/or electrical service costs associated with streetlights located within residential subdivisions; and
WHEREAS, the City has experienced substantial residential growth, including the continued development of residential subdivisions governed or intended to be governed
by homeowners’ associations; and
WHEREAS, the installation of additional subdivision streetlights, together with the ongoing costs of electricity, maintenance, repair, replacement, administration, and long-term asset management, has increased and will continue to increase the City’s recurring financial obligations; and
WHEREAS, the City Council finds that the continued assumption of streetlight-related costs within HOA-controlled residential subdivisions places an increasing burden on municipal resources and may require the expenditure of public funds for facilities that primarily serve the residents and property owners within such subdivisions; and
WHEREAS, the City Council further finds that it is fiscally prudent and in the best interest of the City and its taxpayers to establish a consistent, prospective policy allocating responsibility for the ownership, operation, maintenance, replacement, and electrical service costs of streetlights within HOA-controlled residential subdivisions to the developer, homeowners’ association, property owners’ association, or other private entity responsible for subdivision common-area improvements; and
WHEREAS, the City Council desires to provide clarity to developers, homeowners’ associations, property owners, City staff, and the City of Foley Planning Commission regarding the City’s policy for future residential subdivision approvals; and
WHEREAS, the City Council recognizes that the City of Foley Subdivision Regulations may require amendment to incorporate and implement this policy as part of the subdivision review and approval process; and
WHEREAS, the City Council desires that any such amendments to the City of Foley Subdivision Regulations be processed in accordance with applicable law and the amendment procedures set forth in the Subdivision Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA, AS FOLLOWS:
Section 1: Effective upon adoption of this Resolution, it shall be the policy of the City of Foley that the City shall not assume ownership, operation, maintenance, repair, replacement, or electrical service costs for streetlights installed within HOA-controlled residential subdivisions, including streetlights located within public rights-of-way, unless otherwise expressly approved by the City Council through a separate written agreement.
Section 2: For HOA-controlled residential subdivisions approved after the effective date of this Resolution, the developer, homeowners’ association, property owners’ association, or other responsible private entity shall be responsible for the ownership, operation, maintenance, repair, replacement, and electrical service costs of subdivision streetlights, unless otherwise approved by the City Council in writing.
Section 3: The location of a streetlight within a public right-of-way shall not, by itself, constitute acceptance by the City of ownership, operation, maintenance, repair, replacement, or electrical service responsibility for such streetlight. Any assumption of such responsibility by the City must be expressly approved by the City Council in a written agreement.
Section 4: Residential subdivisions for which the City has previously accepted responsibility for streetlight operation, maintenance, replacement, or electrical service costs before the
effective date of this Resolution shall remain subject to existing arrangements, unless modified by subsequent written agreement approved by the City Council.
Section 5: The City Council may approve exceptions to this policy on a case-by-case basis upon a finding that:
a. a clear public purpose exists for City assumption of some or all streetlight-related
responsibilities;
b. the scope of the City’s responsibility is expressly stated in a written agreement;
c. the agreement identifies the party responsible for ownership, operation,
maintenance, repair, replacement, electricity, and related costs; and
d. the arrangement is in the best interest of the City.
Section 6: The City Council hereby authorizes and requests that City staff prepare and present for consideration appropriate amendments to the City of Foley Subdivision Regulations to incorporate and implement the policy established by this Resolution, including provisions requiring developers and homeowners’ associations or property owners’ associations to retain ownership and responsibility for subdivision streetlighting. Any such amendments shall be processed in accordance with applicable law and the amendment procedures set forth in the City of Foley Subdivision Regulations.
Section 7: Nothing in this Resolution shall be construed to require the City to accept ownership, operation, maintenance, repair, replacement, or electrical service responsibility for any subdivision streetlight, utility account, lighting system, conduit, pole, fixture, or related improvement unless such responsibility is expressly approved by the City Council in a written agreement.
Section 8: This Resolution shall become effective immediately upon its adoption.