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Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023) |
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Code of Ordinances |
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Chapter 17.5. Special Assessments |
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Article I. Street Lighting Assessments |
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Division 1. General Provisions |
| § 17.5-1. Definitions. |
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Latest version.
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The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Annual rate resolution means the resolution described in section 17.5-13, establishing the rate at which a street lighting assessment for a specific fiscal year will be computed. The final assessment resolution shall constitute the annual rate resolution for the initial fiscal year in which a street lighting assessment is imposed or reimposed. Assessed property means all parcels of land included on the assessment roll that receive a special benefit from the delivery of the street lighting services, programs or facilities identified in the initial assessment resolution or the preliminary rate resolution. Assessment roll means the special assessment roll relating to a street lighting assessment approved by a final assessment resolution pursuant to section 17.5-11 or an annual rate resolution pursuant to section 17.5-13. Final assessment resolution means the resolution described in section 17.5-11, which shall confirm, modify or repeal the initial assessment resolution and which shall be the final proceeding for the initial imposition of street lighting assessments. Fiscal year means that period commencing October 1 of each year and continuing through the next succeeding September 30', or such other period as may be prescribed by law as the fiscal year for the city. Government property means property owned by the United States of America or any of its agencies, a sovereign state or nation, the State of Florida or any of its agencies, a county, a special district or a municipal corporation. Initial assessment resolution means the resolution described in section 17.5-7, which shall be the initial proceeding for the identification of the street lighting assessed cost for which an assessment is to be made and for the imposition of a street lighting assessment. Owner means the person reflected as the owner of assessed property on the tax roll. Person means any individual, partnership, firm, organization, corporation, association or any other legal entity, whether singular or plural, masculine or feminine, as the context may require. Preliminary rate resolution means the resolution described in section 17.5-13 initiating the annual process for updating the assessment roll and directing the reimposition of street lighting assessments pursuant to an annual rate resolution. Property appraiser means the property appraiser of the county. Street lighting assessed cost means the amount determined by the city commission to be assessed in any fiscal year to fund all or any portion of the cost of the provision of street lighting services, facilities or programs, which provide a special benefit to assessed property, and shall include but not be limited to the following components: (1) The cost of physical construction, reconstruction or completion of any required facility or improvement. (2) The costs incurred in any required acquisition or purchase. (3) The cost of all labor, materials, machinery and equipment. (4) The cost of fuel, parts, supplies, maintenance, repairs and utilities. (5) The cost of computer services, data processing and communications. (6) The cost of all lands and interest in the land, leases, property rights, easements and franchises of any nature whatsoever. (7) The cost of any indemnity or surety bonds and premiums for insurance. (8) The cost of construction plans and specifications, surveys and estimates of costs. (9) The cost of engineering, financial, legal and other professional services. (10) The costs of compliance with any contracts or agreements entered into by the city to provide street lighting services. (11) All costs associated with the structure, implementation, collection and enforcement of the street lighting assessments, including any service charges of the tax collector, or property appraiser and amounts necessary to offset discounts received for early payment of street lighting assessments pursuant to the Uniform Assessment Collection Act or for early payment of street lighting assessments collected pursuant to section 17.5-21. (12) All other costs and expenses necessary or incidental to the acquisition, provision or construction of street lighting services, facilities or programs, and such other expenses as may be necessary or incidental to any related financing authorized by the city commission by subsequent resolution. (13) A reasonable amount for contingency and anticipated delinquencies and uncollectible street lighting assessments; and reimbursement to the city or any other person for any moneys advanced for any costs incurred by the city or such person in connection with any of the foregoing components of street lighting assessed cost. If the city also imposes an impact fee upon new growth or development for street lighting related capital improvements, the street lighting assessed cost shall not include costs attributable to capital improvements necessitated by new growth or development. Street lighting assessment means a special assessment lawfully imposed by the city against assessed property to fund the street lighting assessed cost imposed to fund all or any portion of the cost of the provision of street lighting services, facilities or programs providing a special benefit to property as a consequence of possessing a logical relationship to the value, use or characteristics of property identified in the initial assessment resolution or the preliminary rate resolution. Compliance as defined in Florida Statute, Chapter 170, or any successor statutes relating to special assessments. Tax collector means the tax collector of the county. Tax roll means the real property ad valorem tax assessment roll maintained by the property appraiser for the purpose of the levy and collection of ad valorem taxes. Uniform Assessment Collection Act means F.S. §§ 197.3632 and 197.3635, or any successor statutes authorizing the collection of non-ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated under such statutes. |
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(Ord. No. 2010-10, § 1, 5-18-10) |
| § 17.5-2. General findings. |
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Latest version.
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(a) Pursuant to Fla. Const., art. VIII, § 2(b), and F.S. §§ 166.021 and 166.041, the city commission has all powers of local self-government necessary to perform municipal functions and render municipal services except when prohibited by law; and such power may be exercised by the enactment of legislation in the form of city ordinances. (b) 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 state legislature may act, except those subjects described in F.S. § 166.021(3)(a)—(d). The subject matter of F.S. § 166.021(3)(a)—(d), are not relevant to the imposition of assessments related to street lighting services, facilities or programs of the city. (c) The purpose of this article is to: (1) Provide procedures and standards for the imposition of home street lighting assessments in the city under the general home rule powers of a municipality to impose special assessments; (2) Authorize a procedure for the funding of home owner association street lighting services, facilities or programs providing special benefits to property within the city; and (3) Legislatively determine the special benefit provided to assessed home owner association property from the provision of street lighting. (d) The annual street lighting assessments to be imposed pursuant to this article shall constitute non-ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act. (e) The street lighting assessment imposed pursuant to this article is imposed by the city, not the county board of county commissioners, 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. |
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(Ord. No. 2010-10, § 1, 5-18-10) |
| § 17.5-3. Legislative determinations of special benefit. |
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Latest version.
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(a) It is ascertained and declared that the street lighting services, facilities and programs of the city provide a special benefit to assessed property within a street lighting district in the city based upon the following legislative determinations: (b) The provision of streetlights within a special street lighting district provides greater safety to the occupants and users of the properties within the district and stabilizes and reduces insurance rates and enhances property values for occupants and users of the properties assessed for such services. |
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(Ord. No. 2010-10, § 1, 5-18-10) |
| § 17.5-4. Applicability. |
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Latest version.
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This article and the city's authority to impose assessments pursuant to this article shall be applicable throughout the city. |
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(Ord. No. 2010-10, § 1, 5-18-10) |
| § 17.5-4.5. Landowner petition procedures. |
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Latest version.
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The commission may establish a procedure pursuant to which the owners of property located within the city may petition for creation of a street lighting assessment area to fund local improvements. Notwithstanding the petition procedure established pursuant to this section 17.5-4.5, the Commission shall retain the authority to create assessment areas without a landowner petition. |
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(Ord. No. 2010-10, § 1, 5-18-10) |
| § 17.5-5. Alternative method. |
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Latest version.
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(a) This article shall be deemed to provide an additional and alternative method for the doing of the things authorized by this article 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 that may come into existence. This article, being necessary for the welfare of the inhabitants of the city, shall be liberally construed to effect its purposes. (b) Nothing in this article shall preclude the city commission from directing and authorizing, by resolution, the combination with each other of any: (1) Supplemental or additional notice deemed proper, necessary or convenient by the city; (2) Notice required by this article; or (3) Notice required by law, including the Uniform Assessment Collection Act. |
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(Ord. No. 2010-10, § 1, 5-18-10) |