§ 2-312. 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 Council 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 Council may exercise any governmental, corporate, or proprietary power for a municipal purpose except when expressly prohibited by law, and the City Council 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 the imposition of assessments related to fire protection services, facilities or programs.

(3)

The special benefits to affected lands provided as a result of an assessment include by way of example and not limitation, the continual availability and use of fire protection services to each tax parcel within the City, protection of public safety, stable or decreasing insurance costs, a potential increase in value to property, and an assured level of service to landowners and tenants.

(4)

The constant and continued preparedness to provide fire protection services, facilities and programs possess a logical relationship to the value, use and enjoyment of real property by: (1) protecting the value of the improvements and structures through the continual availability of fire control and provision of fire protection and associated rescue services; (2) protecting the life and safety of intended occupants in the use and enjoyment of real property; (3) lowering the cost of fire insurance by the presence of a professional and comprehensive fire protection and associated rescue program within the City; (4) providing protection for uninsured or underinsured property and property owners; and (5) containing the spread of fire incidents, sometimes occurring on vacant or undeveloped property, with the potential to spread and endanger the structures and occupants of nearby improved property, thereby limiting liability.

(5)

The combined fire control and associated basic life support emergency medical services of the City under its existing consolidated fire protection program enhances and strengthens the relationship of such services to the value, use and enjoyment of the parcels of property within the City.

(6)

The assessment imposed pursuant to this division is imposed by the City Council, not the Property Appraiser or Tax Collector. Any activity of the Property Appraiser or Tax Collector under the provisions of this division shall be construed as ministerial.

(7)

The annual Assessments to be imposed pursuant to this division are special assessments and may also constitute and be described as non-ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act.

(8)

The purpose of this division is to: (1) provide procedures and standards for the imposition of City-wide assessments under the home rule powers of the City to impose special assessments, (2) authorize a procedure for the funding of fire protection services, facilities, or programs providing special benefits to property within the City, and (3) establish a significant tax equity tool which can be used to reduce a dependence on property taxes alone as a source of funding for fire protection services, facilities and programs, reduce demand on other legally available funds, allow for local policy discretion as difficult overall budget choices are made by the City Council each year, and give the community a more equitable, balanced, sustainable and dedicated means of funding essential fire protection related services and capital improvements.

(Ord. No. 34-H, § 1.03, 7-12-2012)