Fort Walton Beach Ordinance — 2017--Fire Assessment — reading text

ORDINANCE 2017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, RELATING TO THE PROVISION AND FUNDING OF FIRE PROTECTION SERVICES, FACILITIES, AND PROGRAMS IN THE CITY OF FORT WALTON BEACH, FLORIDA; AUTHORIZING THE ESTABLISHMENT AND COLLECTION OF A FIRE SERVICES ASSESSMENT AGAINST PROPERTY WITHIN THE CITY; PROVIDING FOR DEFINITIONS; ESTABLISHING PROCEDURES FOR IMPOSING AND COLLECTING FIRE SERVICES ASSESSMENTS; PROVIDING THAT FIRE SERVICES ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY EQUAL IN RANK AND DIGNITY WITH LIENS OF ALL STATE, COUNTY, DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: Section l. Authority and Intent Pursuant to Article VIII, Section 2( b), Florida Constitution, and Sections 166. 021 and 166. 041, Florida Statutes, the City Council has all powers of local self-government to perform City functions and to render City services in a manner not inconsistent with law, and such power may be exercised by the enactment of City ordinances. ARTICLE I. INTRODUCTION Section 2. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Assessed Property means all parcels of land subject to the Fire Services Assessment that receive a special benefit from the delivery of the fire services, progams or facilities. Assessment Roll or Fire Services Assessment Roll means the special assessment roll approved by the City Council pursuant to this Ordinance, after a public hearing, to fund the Fire Services Cost. Building means any structure, whether temporary or permanent, built for support, shelter or enclosure of persons, chattel, or property of any kind, including mobile homes. This term shall include the use of land in which lot or spaces are offered for use, rent or lease for the placement of mobile homes, travel trailers, or the like for residential purposes. City means the City of Fort Walton Beach, Florida. City Clerk means the City Clerk of the City Council, or such person' s designee. Ciry Council means the governing body of the City of Fort Walton Beach, Florida.  City Manager means the chief administrative officer of the City, designated by the City Council to be responsible for coordinating Fire Services Assessments, or such person' s designee. Fire Services Assessment means a special assessment lawfully imposed by the City Council against assessed property to fund all or any portion of the cost of the provision of fire services, facilities, or programs providing a special benefit to property as a consequence of possessing a logical relationship to the value, use, or characteristics of the assessed property. Fire Services Charge means collectively Fire Services Assessments and Fire Services Fees. Fire Services Cost means the amount determined by the City Council to be charged over a designated time period to fund all or any portion of the cost ( as determined by generally accepted accounting practices) of the provision of fire services, facilities, or programs which provide a special benefit to assessed property, and may be fairly and reasonably charged to non- profit and government property for the fire services, facilities, and programs such property receives, and shall include, but not be limited to, the following components: 1) The cost of physical construction, reconstruction or completion of any required facility or improvement; 2) The costs incurred in any required acquisition or purchase; 3) The cost of all labor, materials, machinery, and equipment; 4) The cost of fuel, parts, supplies, maintenance, repairs, and utilities; 5) The cost of computer services, data processing, and communications; 6) The cost of all lands and interest therein, leases, property rights, easements, and franchises of any nature whatsoever; 7) The cost of any indemnity or surety bonds and premiums for insurance; 8) The cost of salaries, workers' compensation insurance, or any other employment benefits; 9) The cost of uniforms, training, travel, and per diem; 10) The cost of construction plans and specifications, surveys and estimates of costs; 11) The cost of engineering, financial, legal, and other professional services; 12) The costs of compliance with any contracts or agreements entered into by the City to provide fire services; 13) All costs associated with the structure, implementation, collection, and enforcement of the fire services charges; 14) All other costs and expenses necessary or incidental to the acquisition, provision, or construction of fire services, facilities, or programs, and such other expenses as may be necessary or incidental to any related financing authorized by the City Council by subsequent resolution; 15) A reasonable amount for contingency and anticipated delinquencies and any uncollectible fire services charges; and  16) Reimbursement to the City or any other person for any moneys advanced for any costs incurred by the City or such person in connection with any of the foregoing components of Fire Services Cost. Fire Services Cost for Assessed Properry means the subset of fire services cost fairly and reasonably attributable to property. Fire Services Cost for Non-Profit and Government Property means any subset of fire services cost fairly and reasonably attributable to those properties. Fire Services Fee Rate Resolution means the resolution described in Section 9 establishing the rate at which a Fire Services Fee will be computed. Fiscal Year means the period commencing October 1 St of each year and continuing through the next succeeding September 30th, or such period as may be prescribed by law as the fiscal year for the City. Government properry means property owned by the United States of America or any agency thereof, a sovereign state or nation, the state or any agency thereof, a county, school board, a special district or a municipal corporation. Nongovernment Property means all property that is not government property. Ordinance means this Fire Services Assessment Ordinance. Owner means the person reflected as the owner of property on the tax roll or utility bill. Property Appraiser means the property appraiser of Okaloosa County. Tax Collector means the tax collector of the Okaloosa County. Tax Roll means the real property ad valorem tax assessment roll maintained by the property appraiser for the purpose of the levy and collection of ad valorem taxes. Uniform Assessment Collection Act means F. S. §§ 197. 3632 and 197. 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. Utiliry means that utility owned and operated by the City, providing water and wastewater services, solid waste services, and stormwater services, or any combination of the foregoing, and billing custoiners on a monthly or periodic basis. Utility Customer of Record means the person or entity assuming responsibility for the payment for services of the Utility. Section 3.— Interpretation. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms " hereof," " hereby," " herein," " hereto," " hereunder" and to this chapter; and the term " hereafter" means after, and the term similar terms refer heretofore" means before, the effective date of this chapter. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise.  Section 4.— General Findings. It is hereby ascertained, determined, and declared that: 1) Pursuant to Article VIII, Section 2( b), Florida Constitution, and Sections 166. 021 and 166. 041, Florida Statutes, the City Council has all powers of local self-government to perform City functions and to render City services in a manner not inconsistent with law, and such power may be exercised by the enactment of City ordinances. 2) The City Council may exercise any governmental, corporate, or proprietary power for a municipal purpose except when expressly prohibited by law, and the City Council may legislate on any subject matter on which the Florida 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, are not relevant to the imposition of assessments related to fire protection services, facilities or programs. 3) The special benefits to property provide as a result of an Assessment for fire protection services include but are not limited to: the and integrity of improvements, structures and land a. Protecting value through the provision of fire protection services; b. Protecting the life and safety of intended occupants in the use and enjoyment of property; c. Lowering the cost of fire insurance by the presence of a professional and comprehensive fire protection services program within the City; and d. Assured level of service to landowners and tenants. 4) The annual Assessments to be imposed pursuant to this Ordinance are special assessments and may also constitute and be described as non- ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act. 5) The purpose of this Ordinance is to ( 1) provide procedures and standards for the imposition of City Fire Services Assessments under the general home rule powers of the City to impose special assessments; ( 2) authorize a procedure for the funding of fire protection services, facilities, or programs providing special benefits to property within the City; and ( 3) legislatively determine the special benefit provided to assessed property from the City' s fire protection services program. 6) The Fire Services Assessments to be imposed using the procedures provided in this chapter are imposed by the City Council, not the Property Appraiser or Tax Collector. The duties of the Property Appraiser and Tax Collector under the provisions of this