§ 4-3.5-161. Findings.

It is hereby ascertained, determined and declared that:

(1)

Pursuant to Article VIII, section I of the Florida Constitution, the Charlotte County Home Rule Charter, and F.S. sections 125.01 and 125.66, the Board of County Commissioners (the "board") of Charlotte County, Florida (the "county"), has all powers of local self-government to perform county and municipal functions and to render services in a manner not inconsistent with general law and such power may be exercised by the enactment of county ordinances and resolutions.

(2)

F.S. section 125.01(1)(q) provides specific legislative authorization for counties to establish a municipal service taxing unit to fund streets, sidewalks, drainage and other essential facilities and municipal services within any part or all of the unincorporated area of the county and within the boundaries of a municipality if the municipality consents by ordinance to inclusion within the municipal service taxing unit.

(3)

The purpose of this article is to create the Lemon Bay Municipal Service Taxing Unit (the "MSTU") to fund the construction, reconstruction, repair, paving, repaving, hard-surfacing, re-hard surfacing, widening, guttering and draining of the platted streets in the unit, including the necessary appurtenances thereto, and related maintenance services, facilities, improvements, and programs within the MSTU as established in section 4-3.5-162 hereof.

(4)

The county has determined that certain costs associated with street and drainage, and related maintenance services, facilities, improvements, and programs including, but not necessarily limited to, personnel costs, salaries, operation costs, and capital costs associated with these functions, can be properly allocated in the Lemon Bay MSTU based upon the relative amounts of service and improvements provided within each area.

(5)

The county is required to include and fund the approved annual budget of the Lemon Bay MSTU within the county's annual budget.

(6)

Pursuant to F.S. section 200.065(5), the maximum millage rate the county can adopt, including any millage levied within a municipal service taxing unit, absent a minimum supermajority vote is the rolled-back rate based upon the amount of taxes which would have been levied in the prior year if the maximum millage rate had been adopted, as adjusted for change in the per capita Florida personal income.

(Ord. No. 2015-051, § 1, 12-8-15)