5.2. ERMUSR 01-13-2004 - Laserfiche WebLink

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El Public Power Weekly December 15,2003 Ruling requires Washington cities to pay for streetlights The provision and maintenance of and the streetlight serc ice the vrcc-eked streetlighting into a proprietary func- treetlights is a governmental,not pro- or the burden that they prod need.-'the Lion, the court said. prietar ,function and mustbe paid for court said. Also.despite the 2002 law,"the charge by the city government, not utility The tax was unlawful under the state hr maintaining streetlights is still a tax, ratepayers, the Washington State Su- constitution, the court said. "For a mu- because shifting the streetlight costs to preme Court ruled last month. nicipality to exercise the power to tax,it City Light ratepayers is still designed to Streetlights are "provided for the must have express statutory authority." raise revenue for the general city bud- welfare of the general public, at the The 2002 law did not transform get." the court said. I discretion of the city and not individual ratepayers,"said Justice MaryFairhurst. The function is governmental and should be paid for through taxes. An • • electric utility is a proprietary function of government because it does"not pro- 3a vide electricity to a customer that does not request service." The decision in Rud Okesan et at v. the _ City of Seattle overturns a 2002 state law sxa^t Dal 1P allowing municipalities to charge Kai wit •fi!!t ratepayers for operation and mainte- IQ s" r11 01$�� _ • nance of streetlights. net III f" �-With costs around $6 million per tll year, the average City Light residen- a x " -- -1,r r,. � t tial customer has been paying about$2 per month for streetlights," said Tim Ritch, Seattle City Light's acting - - -- s — - — .—r -_ ...- apenntendent. _ Additionally,the courtsaid the charge — "- imposed on City Light customers is a tax " and not aregulatoryfee since the money - " - raisedwasussedto cover a governmental = -y -- _ function and not a regulatory one. `'� . 'tit's_- v-t "There was no relationship between the Seattle City Light customers will no longer be charged for streetlight service and maintenance fee imposed on City Light customers thanks to a Washington State Supreme Court ruling. Photo courtesy Seattle•s Conveeron and visitors Bureau. PUBLIC POWER WEE�' Periodicals POSTAGE American Public Power Association PAID 2301 M St. N.W., Washington, D.C. 20037-1484 Washington, D.C. Address Service Requested and additional mailing offices 11111 1111LIJIHIi IHmi l lii, iI ILm l il llul 126*2***t**s***-x******5—DIGIT 55330 BRYAN ADAMS GENERAL MANAGER MUNICIPAL UTILITIES 322 KING AVE ELK RIVER MN 55330-2596 NEWSPAPER USPS 028-120