§ 20.123. Findings.

It is hereby ascertained, determined, and declared that:

(1)

Pursuant to Article VIII, Section 2(b) of the Florida Constitution, and F.S. §§ 166.021 and 166.041, the city commission has all powers of local self-government to perform municipal functions and render municipal services except when expressly prohibited by law and such power may be exercised by the enactment of city ordinances.

(2)

The city commission may exercise any governmental, corporate, or proprietary power for a municipal purpose except when expressly prohibited by law, and the city commission may legislate on any subject matter on which the Florida Legislature may act, except those subjects described in (a), (b), (c), and (d) of F.S. § 166.021(3). The subject matter of paragraphs (a), (b), (c), and (d) of F.S. § 166.021(3), is not relevant to imposition of the street lighting services and facilities charges contemplated hereunder.

(3)

The special benefits conveyed by the street lighting services and facilities funded by street lighting services and facilities charges include, by way of example and not limitation, the protection and enhancement of parcel value, and enhanced use and enjoyment of parcels adjacent to or near street lighting.

(4)

The provision of street lighting services and facilities and the operation and maintenance of street lighting provides better property identification and recognition, and enhances the safe accessibility of affected tax parcels.

(5)

Street lighting services and facilities charges imposed pursuant to this article are imposed by the city commission, not the property appraiser or tax collector. Any activity of the property appraiser or tax collector under the provisions of this article shall be construed as ministerial.

(6)

The street lighting services and facilities charges imposed hereunder meet the fundamental legal requirements to also constitute special assessments and non-ad valorem assessments within the meaning of the Uniform Assessment Collection Act.

(7)

The street lighting services and facilities charges to be imposed pursuant to this article provide benefits logically related to the tax parcels served, are otherwise authorized by law, and represent a just and equitable method of funding all or a portion of the costs incurred by the city in providing street lighting services and facilities to affected tax parcels and paying for, inter alia, associated power, equipment and maintenance.

(Ord. No. 2012-20, § 1.03, 12-17-2012)