04-1511 Initial Assessment Resolution - Summerset North Wall

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SECTION 1.03. FINDINGS. It is hereby ascertained, determined and declared that: (A) Pursuant to Article VIII, Section 2(b) of the Florida Constitution, and Sections 166.021 and 166.041, Florida Statutes, the City Commission has all powers of local self-government to perform municipal functions and to render municipal services except when prohibited by law and such power may be exercised by the enactment of legislation in the form of City ordinances. (B) The City Commission may exercise any governmental, corporate, or proprietary power for a municipal purpose except when expressly prohibited by law, and the City Commission may legislate on any subject matter on which the Legislature may act, except those subjects described in (a), (b), (c), and (d) of Section 166.021(3), Florida Statutes. The subject matter of paragraphs (a), (b), (c), and (d) of Section 166.021(3), Florida Statutes, is not relevant to imposition of assessments related to local Improvements within the City. (C) The City Commission has enacted the Ordinance to provide for the creation of Assessment Areas (as defined in the Ordinance) and authorize the imposition of assessments to fund (1) the construction of Local Improvements to benefit the property located therein and (2) the cost of maintaining such Local Improvements. (D) The City Commission desires to create the Summerset North Assessment Area as an Assessment Area under the Ordinance to fund the Project Cost of the Summerset North Subdivision Wall. The Summerset North Subdivision Wall constitutes a Local Improvement, as defined in the Ordinance and herein. (E) The Summerset North Assessment Area includes only Platted Lots zoned for single-family residential use and Undevelopable Tracts. None of the property located within the Summerset North Assessment Area will be used for multi -family residential, commercial or other uses. (F) The Summerset North Subdivision Wall will provide a special benefit to all Platted Lots located within the Summerset North Assessment Area by improving and enhancing the exterior subdivision boundaries, the subdivision identity and the subdivision aesthetics, thus enhancing the value, use and enjoyment of such property. Abutting Lots will derive additional special benefit from the reduction of noise Resolution No. 04-1511 Page 8 of 23