§ 46-62. Findings.

The village council declares:

(1)

Pursuant to article VIII, section 2(b) of the state constitution, and F.S. §§ 166.021 and 166.041, the village council has all powers of local self-government to perform municipal functions and to render municipal services except when prohibited by law, and such power may be exercised by the enactment of legislation in the form of village ordinances.

(2)

The village council may exercise any governmental, corporate, or proprietary power for a municipal purpose except when expressly prohibited by law, and the village council may legislate on any subject matter on which the state legislature may act, except those subjects described in F.S. § 166.021(3)(a), (b), (c), and (d). The subject matter of F.S. § 166.021(3)(a), (b), (c), and (d) is not relevant to the imposition of assessments related to solid waste collection and disposal services, facilities, or programs of the village.

(3)

The purpose of this article is to:

a.

Provide procedures and standards for the imposition of annual solid waste service assessments under the general home rule powers of a municipality to impose special assessments;

b.

Authorize a procedure for the funding of solid waste collection and disposal services, facilities, or programs providing special benefits to property within the village; and

c.

Legislatively determine the special benefit provided to assessed property from the provision of solid waste collection and disposal services by the village.

(4)

Pursuant to F.S. § 403.706(1), the village has the general responsibility and authority to provide for the collection and transport of solid waste generated within its incorporated area to appropriate solid waste disposal facilities.

(5)

In fulfilling its responsibilities, the village has entered into an agreement with a franchisee for the furnishing of solid waste collection and disposal services and programs within the village. The village pays the franchisee for such services provided to residential property and, in turn, separately bills the respective owners of such residential property. Due to widely varied production of solid waste among the many and varied types of commercial property, the franchisee bills and collects directly from owners of commercial property.

(6)

The existence of any building or other improvement on improved property results in such property generating solid waste or being capable of generating solid waste.

(7)

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

(8)

The use of the uniform method of collection authorized by the Uniform Assessment Collection Act provides a mechanism to equitably and efficiently collect solid waste service assessments, as well as address payment delinquencies and recover unpaid fees, charges, or assessments advanced for solid waste management and disposal services, programs, and facilities allocable to specific parcels of assessed property.

(9)

The annual solid waste service 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.

(10)

The solid waste service assessment imposed pursuant to this article is imposed by the village council, not the county board of 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.

(Ord. No. 99-11, § 1.03, 8-5-1999)