§ 48-23. General findings.

It is hereby ascertained, determined, and declared that:

(a)

Pursuant to Article VIII, section 2(b), Florida Constitution, and F.S. §§ 166.021 and 166.041, the village has all powers of local self-government 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 village ordinances.

(b)

The council may exercise any governmental, corporate, or proprietary power for a municipal purpose except when expressly prohibited by law, and the council may legislate on any subject matter on which the Florida Legislature may act, except those subjects described in F.S. § 166.021(3) (a), (b), (c), and (d). The subject matter of paragraphs (a), (b), (c), and (d) of F.S. § 166.021(3), are not relevant to the imposition of stormwater assessments by the village.

(c)

The purpose of this article is to:

(1)

Provide procedures and standards for the imposition of stormwater assessments under the constitutional and statutory power of the village;

(2)

Authorize a procedure for the funding of stormwater management services, facilities, or programs provided to properties within the stormwater service area; and

(3)

Legislatively determine the special benefit provided to assessed property from the stormwater utility.

(d)

The Florida Legislature has mandated that local governments in the State of Florida, including the village, have the responsibility for developing mutually compatible stormwater management programs consistent with the rules and regulations of the Florida Department of Environmental Protection, the Federal Clean Water Act, and the water management districts and the stormwater management programs established and maintained by other local governments.

(e)

The stormwater assessments imposed hereby are consistent with the authority granted in F.S. § 403.0893. That statutory provision is additional and supplemental authority to the constitutional and statutory power of self-government granted to a municipality.

(Ord. No. 05-15, Art. I(1.03), 8-23-2005)