§ 28-33. 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 and F.S. §§ 166.021 and 166.041, the town has all powers of local self-government to perform municipal functions and to render municipal services, such as solid waste collection, in a manner not inconsistent with law, and such power may be exercised by the enactment of ordinances.

(2)

The town council may exercise any governmental, corporate, or proprietary power for a municipal purpose except when expressly prohibited by law, and the town 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 assessments related to solid waste collection. Additionally, F.S. §§ 197.3631 and 197.3632 are express statutory authority for the town to impose and collect non-ad-valorem assessments.

(3)

The purposes of this article are to:

a.

Provide and authorize procedures and standards for the imposition of annual solid waste collection assessments under the town's general home rule power and certain express statutory powers to impose such assessments;

b.

Legislatively determine the special benefit provided to assessed property from the provision of solid waste collection.

(4)

The solid waste collection assessments to be imposed using the procedures in this article constitute non-ad-valorem assessments within the meaning and intent of the Uniform Assessment Collection Act set forth in F.S. § 197.3632.

(5)

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

(Ord. No. 2010-03, § 1(8-7.1), 7-13-2010)