§ 11-3. General findings and authority.

It is hereby ascertained, determined, and declared that:

(1)

Pursuant to section 2 of Article VIII of the Constitution of the State of Florida and F.S. § 166.021, the town has all powers of local self-government to perform municipal functions and to render municipal services, such as fire-rescue services, in a manner not inconsistent with law, and such power may be exercised by the enactment of ordinances.

(2)

F.S. § 170.201 expressly grants the town council the authority to levy and collect special assessments on property other than government property for the availability and provision of municipal services such as fire-rescue services. The town council has home-rule power to impose service charges for fire-rescue services made available and rendered to government property. Finally, F.S. § 197.3632 is additional, express statutory authority for the town to impose and collect non-ad valorem assessments.

(3)

The purposes of this chapter are to:

a.

Authorize the town council to provide funding for fire-rescue services through the levy, imposition, and collection of fire protection assessments and fire protection service charges; and

b.

Provide procedures and standards for the imposition of town-wide fire protection assessments and service charges under the town's home-rule power and certain express statutory powers to impose special assessments and service charges.

(4)

The fire protection assessments to be imposed using the procedures in this chapter constitute non-ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act.

(5)

The amount of the fire protection assessment imposed in a fiscal year against a parcel of assessed property shall be determined pursuant to an apportionment methodology based upon a classification of property that is designed to provide a fair and reasonable apportionment of the fire protection assessed cost among properties on a basis reasonably related to the special benefit to be derived from the availability and provision of fire protection.

(6)

If the town council elects to do so, the levy, imposition, and collection of fire protection assessments and service charges under this chapter will be a fair, legal, and cost-effective means for the town to ensure adequate funding to continue providing top-quality fire-rescue services to persons and property within the town's boundaries.

(7)

In the event that Orange County imposes a municipal service taxing or benefit unit for any part or all of the town's boundaries for fire protection either annually or for a term of years, during such time, the provisions of this chapter shall be of no effect.

(Ord. No. 2015-07, § 1, 6-9-2015)