§ 10.8-63. General findings.

It is hereby ascertained, determined, and declared that:

(a)

Pursuant to Article VIII, Section 1, Florida Constitution, Sections 125.01 and 125.66, Florida Statutes, and the Polk County Charter, the County 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 county ordinances.

(b)

Since 1969, Polk County has been establishing and funding street lighting service districts through the enactment of separate ordinances with varying procedures and standards. There are currently hundreds of separate street lighting districts which make administration and annual implementation both administratively challenging and burdensome.

(c)

The purpose of this article is to (1) provide uniform procedures and standards for the imposition of street lighting assessments under the constitutional and statutory power of the county; (2) authorize a procedure for the funding of street lighting services providing special benefit to assessed property within a street lighting assessment area; (3) legislatively determine the special benefit provided to assessed property from the street lighting services; and (4) standardize the processes and standards for all existing street lighting districts by repealing all existing ordinances, implementing this uniform ordinance, and allowing for annual implementation by resolution.

(d)

Pursuant to Article VIII, Section 6(d) of the Florida Constitution and Article VII of the Polk County Charter, any special act of the Florida Legislature relating only to the unincorporated area of the county may be amended or repealed by county ordinance. Chapter 67-1943, Laws of Florida relating to the creation of special improvement districts for street lighting purposes in unincorporated Polk County is such a special act that will be repealed by the ordinance from which this article derives.

(e)

The assessments imposed pursuant to the procedures provided in this article will be imposed by the board. Any activity of the property appraiser or tax collector under the provisions of this article shall be construed solely as ministerial.

(Ord. No. 18-066, § 1.03, 9-18-18)