Fort Walton Beach Ordinance — 2123--Amend COO CH 4.08 Fire Service Assessment Repealing ORD 2017 — reading text

READING DATE Ist 5 ORDINANCE 2123 a" d RN! AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, REPEALING ORDINANCE 2017 ESTABLISHING A FIRE SERVICES ASSESSMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article VIII of the State Constitution and Chapter 166 of the Florida Statutes provides that municipalities shall have the governmental and corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and exercise any power for municipal purposes except when expressly prohibited by law; and WHEREAS, on September 10, 2019, City Council adopted Ordinance No. 2017 authorizing the establishment and collection of a Fire Services Assessment to provide and fund fire protection services, facilities, and programs in the City of Fort Walton Beach; and WHEREAS, the City Council has determined that it is in the best interest and welfare of the City of Fort Walton Beach and its residents to repeal in its entirety Ordinance No. 2017, and those sections and provisions of the Code of Ordinances, City of Fort Walton Beach providing for the establishment and collection of a Fire Services Assessment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AS FOLLOWS: Section 1. Authority and Intent The authority for enactment of this ordinance is contained in Section 2( b), Art. VIII, State Constitution and Chapter 166, Florida Statutes. Section 2. Repeal of Ordinance 2017 City Council hereby repeals in its entirety Ordinance 2017: AN ORDINANCE RELATING TO THE 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 LIES 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. Section 3. Incorporation and Conflict City Council directs that upon this Ordinance taking effect that all sections of 4. 08 Fire Assessment Against Property Within the City, and any applicable parts of sections in the Code of Ordinances, City of Fort Walton Beach related to the establishment and collection of fire services assessment be removed from the city codes. All sections or parts of sections of the Code of Ordinances, City of Fort Walton Beach, or parts of any resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Severability If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. Section 5. Effective Date This Ordinance shall upon adoption on second reading by City Council and signature of the Mayor take effect September 30, 2023. Adopted: Zugn 21.a_ ey3 IICkc 4 K-•. Richard A. Rynears n, Mayor Attest: Approved for for , legal sufficiency Kim M. arnes, City"Clerk erly R op m ity Attorney