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i <br />40 <br />• <br />• <br />The general rule of Ormond Beach and Seminole County is that both charter and <br />non -charter counties have the power to impose impact fees countywide to fund <br />capital facilities provided on a countywide, uniform basis. Absent a municipal <br />purpose, a municipality cannot, by adopting an inconsistent ordinance, preempt a <br />county from providing or funding a countywide program or facility. The same <br />legai and public policy arguments can be made for any county service or <br />improvement (e.g„ stormwater facilities or programs, fire control programs, and <br />beach preservation programs). <br />In summary, Section 2.09 of the Vero Beach City Charter does not appear to <br />restrict either the City or the County from using special assessments to fund a <br />beach nourishment project. Moreover, it does not appear to restrict the use of <br />MSTU Millage or Special District Millage for this purpose. However, it may limit <br />the City's ability to consent to inclusion of municipal property within a municipal <br />service taxing unit or to consent (where required) to creation of a special district, <br />5.6 SPECIAL ASSESSMENTS <br />General Discussion <br />Special assessments are a home rule revenue source that counties may use to <br />fund local improvements or essential services, As established by case law, two <br />requirements exist for the imposition of a valid special assessment: (1) the <br />property assessed must derive a special benefit from the improvement or service <br />provided and (2) the assessment must be fairly and reasonably apportioned <br />among the properties that receive the special benefit. City of Boca Raton_ v. <br />State, 595 So. 2d at 29. If a special assessment ordinance withstands the <br />special benefit and fair apportionment tests, the assessment is not a tax and the <br />judicial focus is then on whether the methods prescribed by the home rule <br />ordinance were substantially followed. Madison County v. Foxx, 636 So. 2d 39 <br />(Fla. 1st DCA 1994). An assessment may provide funding for either capital <br />expenditures or the operational costs of services, provided that the property <br />