For the purpose of this division the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ASSESSABLE AREA. The area of property that will receive a special benefit from a special assessment improvement.
ASSESSABLE FRONT FOOTAGE. The length of property abutting a special assessment improvement that will receive a special benefit from that improvement.
ASSESSABLE VALUE. The value of real property that will receive a special benefit from a special assessment improvement. For the purposes of this division, 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 but without regard to exemptions.
BASIS FOR ASSESSMENT. The assessable area, assessable front footage, or assessable value of real property deriving a special benefit from a special assessment improvement, as determined by the city in accordance with the provisions of this division. When appropriate, the city may use a basis other than area, front footage, or value in allocating improvement costs among properties specially benefitted by a special assessment improvement, including, but not limited to, the amount of any impact fees or concurrency fees for which the assessed property would be liable and for which the special assessment is levied in lieu thereof.
COST PER ASSESSABLE UNIT. The total improvement cost divided by the total basis for assessment of all specially benefitted properties.
IMPROVEMENT. A valuable addition made to real property or an amelioration in its condition. For the purposes of this division, the term shall include but not be limited to repairs and replacement.
SPECIAL ASSESSMENT IMPROVEMENT. A 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 adjoining or adjacent to the improvement, or properties located within an area in which the special benefits 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, 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 Florida Statutes, § 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 historical 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 engineering, surveys, designs, documents, plans and specifications, legal services and all services related to the feasibility or practicability of such improvements.
The term includes any improvement of general benefit to the public which the City Commission determines to serve a proper public purpose, and may include improvements conducted jointly with any other public agency or publicly regulated utility.
SPECIAL BENEFIT. See § 36.10(B).
STREET. Includes but is not limited to a road, highway, boulevard, alley, street or other public thoroughfare
TOTAL IMPROVEMENT COST. The sum of all expenses chargeable to an improvement, including all costs incurred from inception to final acceptance, including by way of example and not limitation, engineering, field, design, and overhead costs, acquisition and construction 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 land, property, rights, easements, and franchises acquired, financing charges, interest, discount on the sale of special assessment bonds or an 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 such construction or reconstruction, repair or maintenance, administrative expense, and such other expense as may be necessary or incident to the improvements and financing authorized.
UNIFORM ASSESSMENT COLLECTION ACT. Refers to Florida Statutes §§ 197.3632 and 17.3635, or any successor statutes authorizing the collection of non- ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder.
(Ord. 1094, passed 9-8-94; Am. Ord. 1110, passed 1-18-95)