§ 18.813. Public hearing; criteria for acquisition of streetlights.

(a)

Upon receipt of a petition to accept by gift streetlights, the Director of Public Works shall schedule a hearing before the Board of Public Works after giving at least 30 days' notice of the subject, time and place of hearing by publication on two separate occasions at weekly intervals in one newspaper published in Howard County. The notice shall also include the total projected operating and maintenance costs as determined by the Director of Public Works for the subject streetlights for a two-year period following acquisition of the streetlights by Howard County. The Board of Public Works shall make its recommendations to the Director of Public Works not later than 30 days after the public hearing on the petition.

(b)

The streetlights which are the subject of the petition may be acquired by gift if the Director of Public Works finds:

(1)

That either:

(i)

The subject streetlights have been installed in accordance with a developer's agreement with Howard County in subdivisions recorded prior to the effective date of this legislation [December 5, 1980] wherein streetlights were not installed at the time of initial development, such streetlights to be acceptable to the Director of Public Works with regard to spacing, height, illumination and hardware; or

(ii)

The subject streetlights have been installed prior to the effective date of this legislation in subdivisions recorded prior to the effective date of this legislation in a manner determined by the Director of Public Works to be acceptable with regard to spacing, height, illumination and hardware.

(2)

That the acceptance of the subject streetlights by Howard County at that time will be in the public interest.

(3)

That the petitioner has agreed to pay in advance for the projected operating and maintenance costs for the subject streetlights for a period of two years after acquisition of ownership and assumption of responsibility for the streetlights by Howard County.

(c)

In connection with making the findings required under subsection (b) above, the Director of Public Works shall take into consideration the recommendations of the Board of Public Works. The Director of Public Works shall have absolute discretion and final authority to accept or acquire the subject streetlights on behalf of the County.

(C.B. 99, 1980)