SUBJECT
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Adopt resolution abolishing and dissolving the Fairways Lake Estates Phase IV Special Street Lighting District.
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DESCRIPTION
Fairways Lake Estates Phase IV is a platted subdivision located east of US Highway 27 and south of U S Highway 192 in the Four Corners area of the county. In 1997, the Polk County Board of County Commissioners adopted Ordinance No. 97-14 creating the Fairway Lake Estates Phase IV Special Street Lighting District. Fairways Lake Estates Phases 1, 2, and 3 are not within a streetlight district and street lighting within these phases are paid directly by the Fairway Lake Estates HOA (the “HOA”). In 2018, The ordinance was replaced by Ord. 18-066, being the Master Streetlighting Ordinance, and Res. 18-103, which placed the previously established street lighting areas under the Master Streetlighting Ordinance. Recently, the HOA discovered the lots within phase IV were being charged by both the HOA and the County. Therefore, the HOA voted to dissolve the Special Street Lighting District and assume responsibility of Phase IV by combining it with phases 1, 2, and 3 under the HOA.
The proposed resolution abolishes and dissolves Fairways Lake Estates Phase IV on December 31, 2025. In the interim period at the beginning of the fiscal year October 1, 2025 until the abolition of the phase IV assessment area December 31, 2025, the County will continue to make the monthly (October, November, and December) payments to Duke Energy, the electric service provider, for the streetlights. In February 2026, The County shall reconcile collected amounts to the subject district expense and provide a payment of any excess amount for the Fairway Lake Estates Phase IV Special Street Lighting District special assessment area back to the HOA. In July 2026, The County shall perform a final reconciliation based upon payments received from the Tax Collector for the subject special assessment account and make payment to the HOA for any outstanding amount.
RECOMMENDATION
Adopt the proposed resolution abolishing and dissolving the Fairways Lake Estates Phase IV Special Street Lighting District.
FISCAL IMPACT
No fiscal impact. Costs of operation and maintenance of the dissolved Fairways Lake Estates Phase IV Special Street Lighting District will be paid by the lot owners through the Fairways Lake Estates Homeowner’s Association beginning December 31, 2025.
CONTACT INFORMATION
Noah Milov
Assistant County Attorney
863-534-6437