§ 2-102. Definitions.

For the purposes of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Assessable area means the area of real property that will receive a special benefit from a special assessment service or project.

Assessable front footage means the length of property abutting a special assessment service or project that will receive a special benefit from that service or project.

Assessable value of real property means the value of real property that will receive a special benefit from a special assessment improvement. For the purposes of this article, the value shall be determined by reference to the assessed value according to the latest final assessment roll prepared by the property appraiser for Broward County, including improvements located thereon but without regard to exemptions.

Basis for assessment means the assessable area; assessable front footage; or assessable value of real property, deriving a special benefit from a special assessment service or project, as determined by the city in accordance with the provisions of this article. When appropriate, the city may use a basis other than assessable area, assessable front footage, or assessable value of real property in allocating service or project costs among properties specially benefitted by a special assessment service or project, including, but not limited to, the amount of any impact or concurrency fees, or other similar governmental charges levied in connection with the development of the properties, for which the property in the assessable area would be liable and for which the special assessment is levied in lieu thereof.

Project(s) means a valuable addition made to real property or an amelioration in its condition. For the purposes of this article, the term shall include but not be limited to repairs and replacement.

Service(s) means a valuable public service provided to owners of real property which provides a special benefit to the real property serviced.

Special assessment public service program ("service") or public works project ("project") means a public service program or public works project which adds to or extends the capability of a municipal service (including another governmental unit's service pursuant to an interlocal agreement between the city and such other governmental unit or units) and which specially benefits properties within the assessable area in which the special benefits of the service or project may be determined, by increasing the safety, utility, accessibility or value of the properties involved or by levying a special assessment in lieu of an impact fee, concurrency fee or other similar governmental charge levied in connection with the development of the properties. The term includes, but is not necessarily limited to:

(1)

Construction, reconstruction, repair, maintenance, paving, repaving, widening, guttering or draining of streets, alleys and sidewalks;

(2)

Construction, reconstruction, repair or maintenance of permanent pedestrian canopies over public sidewalks and ways;

(3)

Construction, reconstruction, repair or maintenance of lighting, landscaping, street furniture, signage, bike paths, trails and other amenities associated with streets, sidewalks, or public ways;

(4)

Construction, reconstruction, repair, maintenance, renovation, excavation, grading, stabilization, relocation and upgrading of greenbelts, swales, culverts, sanitary sewers, water lines, storm sewers, outfalls, canals, primary, secondary, and tertiary drains, water bodies, marshlands, and natural areas, separately or as part of a comprehensive stormwater management system, including the necessary appurtenances and structures thereto and including, but not limited to, dams, weirs, and pumps and underdrains, retention and detention ponds;

(5)

Construction, reconstruction, repair or maintenance of sanitary sewers, gravity lines, force mains, lift stations, telemetry systems, water mains, water laterals and other potable and reuse water distribution and storage facilities, including the necessary appurtenances thereto;

(6)

Construction, reconstruction, repair or maintenance of bridges and culverts;

(7)

Construction, reconstruction, repair or maintenance of parks and other public recreational facilities and improvements, including appurtenances thereto;

(8)

Construction, reconstruction, repair or maintenance of public schools and other public educational facilities and improvements, including appurtenances thereto;

(9)

Creation, restoration, drainage or reclamation of wet, low, or overflowed lands;

(10)

Construction, reconstruction, repair or maintenance of off street parking facilities, parking garages, or similar facilities;

(11)

Construction, reconstruction, repair or maintenance of mass transportation facilities;

(12)

Provision for commercial projects in an enterprise zone as defined in F.S. Section 159.27(19);

(13)

Construction, rehabilitation, revitalization and beautification of city neighborhoods and low, moderate and affordable housing;

(14)

Burial of overhead utility lines, including without limitation acquisition of necessary or convenient easements or rights-of-way;

(15)

Provision for landscaping and green spaces;

(16)

Provision of all other public improvements and services as designated by the city commission;

(17)

Stabilization and improvement of:

a.

Retail business districts;

b.

Wholesale business districts;

c.

Nationally recognized historic districts;

d.

Industrial districts;

e.

Educational districts;

f.

Commercial districts; or

g.

Office and newly developing districts.

and such other areas as the city commission may desire from time to time, or any combination of such districts, through promotion, management, marketing, security, maintenance and other similar services in the municipality.

(18)

Provision of public service programs including but not limited to the city's fire and emergency medical services program and all costs associated therewith and the city's solid waste collection services and all costs associated therein.

(19)

Provision of engineering, surveys, designs, documents, plans and specifications, legal services and all services related to the feasibility or practicability of such service or project.

The term includes any service or project of general and special benefit to the public which the city commission determines to serve a proper public purpose, and may include services or projects conducted jointly with any other public agency or publicly regulated utility.

Special benefit shall mean a logical relationship between the service or project and the benefit to real property.

Street includes but is not limited to a road, highway, boulevard, alley, street or other public thoroughfare.

Total cost for service or project means the sum of all expenses chargeable to a service or project, including all costs incurred from inception to final acceptance, if applicable, including by way of example and not limitation, engineering, field, design, and overhead costs; acquisition and construction costs; operating and equipment costs; direct city labor and material costs; general city administrative and overhead costs as a fixed percentage of the other total costs; attorneys fees; and other necessary or incidental expenses. Such costs may include the cost of construction or reconstruction, repair, or maintenance, the cost of all labor and materials, the cost of all lands, property, rights, easements, and franchises acquired, financing charges, interest, discount on the sale of special assessment bonds or anticipation certificates, cost of plans and specifications, surveys, environmental assessments, remediation or mitigation, surveys of estimates of costs and of revenues, cost of engineering and legal services, and all other expenses necessary or incident to determining the feasibility or practicability of providing such service or project or the construction or reconstruction, repair or maintenance of such service or project, administrative expense, and such other expense as may be necessary or incident to the service or project and financing authorized.

Uniform Assessment Collection Act (Uniform Method) refers to Florida Statutes § 197.3632 or any successor statute authorizing the collection of non-ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder.

(Ord. No. 96-102, § 3, 2-20-96; Ord. No. 99-110, § 3, 5-4-99; Ord. No. 2002-109, § 2, 7-16-02)