§ 11-4. Legislative determination of special benefit.

(a)

Special assessments for fire-rescue services have been found valid by Florida Courts. See Lake County v. Water Oak Management Corp., 695 So. 2d 667 (Fla. 1997); South Trail Fire Control Dist. v. State, 273 So. 2d 380 (Fla. 1973); Fire Dist. No. 1 of Polk County v. Jenkins, 221 So. 2d 740 (Fla. 1969); City of North Lauderdale v. SMM Properties, Inc., 825 So. 2d 343 (Fla. 2002).

(b)

It is hereby ascertained and declared that fire-rescue services provided by the town constitute special benefit to improved and unimproved real property based upon the following legislative determination that fire-rescue services are logically related to the ownership, use and enjoyment of real property by:

(1)

Protecting the value of the improvements and structures by providing and otherwise making available fire-rescue services;

(2)

Protecting unimproved property from brush and forest fires;

(3)

Protecting the life and safety of persons in the use and enjoyment of improvements and structures by providing and otherwise making available fire-rescue services;

(4)

Lowering the cost of fire insurance by the presence of a professional and comprehensive fire-rescue services within the town; and

(5)

Reducing the threat that fire on vacant property will spread and endanger structures and occupants on improved property.

(Ord. No. 2015-07, § 1, 6-9-2015)