§ 161.04. General provisions.

(A)

Findings. It is hereby ascertained, determined, and declared that:

(1)

Pursuant to article VIII, section 2, Florida Constitution, and Sections 166.021 and 166.041, Florida Statutes, the council has all powers of local self-government to perform city functions and to render city services except when prohibited by law, and such power may be exercised by the enactment of legislation in the form of city ordinances and resolutions.

(2)

In addition to its powers of self-government, the council is authorized by Section 170.201, Florida Statutes, to impose residential street lighting assessments in all or a portion of the incorporated area. Additionally, the council derives authority to impose residential street lighting assessments within the municipality from the home rule power of cities in article VIII, section 2(b), Florida Constitution and Section 166.021, Florida Statutes.

(3)

This chapter authorizes the imposition of residential street lighting assessments throughout the residential street lighting assessment areas. Additionally and alternatively, this chapter authorizes the imposition of a residential street lighting assessment throughout a geographic area designated by the council in an initial assessment resolution or a preliminary rate resolution.

(4)

The purpose of this chapter is to:

(i)

Provide procedures and standards for the imposition of annual residential street lighting assessments under the general home rule powers of the city;

(ii)

Authorize a procedure for the funding of residential street lighting, or programs providing special benefits to property within the city; and

(iii)

Legislatively determine the special benefit provided to assessed property from the provision of residential street lighting by the city.

(5)

Whether imposed throughout the entire city or a portion thereof, the imposition of a recurring annual residential street lighting assessment is an alternative, equitable and efficient method to fairly and reasonably apportion and recover the residential street lighting costs experienced by the city among the parcels of residential property within the area assessed.

(6)

The use of the uniform method of collection authorized by the Uniform Assessment Collection Act provides a mechanism to equitably and efficiently collect residential street lighting assessments, as well as address payment delinquencies and recover unpaid fees, charges, or assessments advanced for residential street lighting to specific parcels of assessed property.

(7)

The annual residential street lighting assessments to be imposed pursuant to this chapter shall constitute non-ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act.

(8)

The residential street lighting assessment to be imposed using the procedures provided in this chapter is imposed by the council, not the city clerk, property appraiser, or tax collector. The duties of the city clerk, property appraiser, or tax collector under the provisions of this chapter and the Uniform Assessment Collection Act are ministerial.

(B)

Legislative determinations of special benefit. It is hereby ascertained, determined, and declared that the residential street lighting services, facilities, and programs of the city provide a special benefit to property within the city based upon the following legislative determinations:

Residential street lighting services, facilities, and programs furnished by the city benefit assessed properties by providing:

(i)

A deterrent to criminal activity;

(ii)

Safer roadways for vehicular traffic;

(iii)

A safer environment for pedestrian traffic;

(iv)

The protection of property values; and

(v)

Providing the lowest cost for residential street lighting to residents of assessed property by ensuring that all share in the cost and the assessment is collected in a timely manner.

(C)

General provisions.

(1)

Applicability. This chapter and the city's authority to impose assessments pursuant hereto shall be applicable throughout the city.

(2)

Alternative method.

(a)

This chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This chapter, being necessary for the welfare of the inhabitants of the city, shall be liberally construed to effect the purposes hereof.

(b)

Nothing herein shall preclude the council from directing and authorizing, by resolution, the combination with each other of:

(c)

(i)

Any supplemental or additional notice deemed proper, necessary, or convenient by the city;

(ii)

Any notice required by this chapter; or

(iii)

Any notice required by law, including the Uniform Assessment Collection Act.

(Ord. No. 09-64, § 1, 8-10-09)