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2022-R-11 - Fire Assessment Fee RESOLUTION NO, 2022-R-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, RELATING TO THE PROVISION OF FIRE PROTECTION SERVICES, FACILITIES AND PROGRAMS FOR THE CITY OF EDGEWATER; ESTABLISHING LEGISLATIVE FINDINGS; IMPOSING FIRE SERVICES ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND APPLICABILITY, AN EFFECTIVE DATE,AND FOR ADOPTION. WHEREAS, the City of Edgewater, Florida, has enacted Ordinance 2022-0-11 (the "Ordinance") which authorizes the imposition of Fire Services Assessments for fire protection services,facilities,and programs against Assessed Property located within the City; WHEREAS, the imposition of a Fire Services Assessment for fire protection services, facilities, and programs each fiscal year is an equitable and efficient method of allocating and apportioning Fire Services Assessed Costs among parcels of Assessed Property;and WHEREAS, the City Council desires to implement a Fire Services Assessment program in the City using the procedures provided by the Ordinance for the Fiscal Year beginning October 1, 2022;and WHEREAS, the City Council, on July 11, 2022, adopted Resolution No. 2022-R-10 (the "Initial Assessment Resolution");and WHEREAS, the Initial Assessment Resolution contains and references a brief and general description of the fire services to be provided to Assessed Property; describes the method of apportioning the Fire Services Assessed Costs to compute the Fire Services Assessment for fire protection services, facilities, and programs against Assessed Property; estimates rates of assessment; and directs the updating and preparation of the Assessment Roll and provision of the notices required 2022-R-11 1 by the Ordinance;and WHEREAS, in order to impose Fire Assessments for the Fiscal Year beginning October 1, 2022, the Ordinance requires the City Council to adopt a Final Assessment Resolution which establishes the rates of assessment and approves the Assessment Roll for the upcoming Fiscal Year, with such amendments as the City Council deems appropriate, after hearing comments and objections of all interested parties;and WHEREAS, the Assessment Roll has heretofore been made available for inspection by the public as required by the Ordinance;and WHEREAS, notice of a public hearing has been published and mailed as required by the terms of the Ordinance, which provides notice to all interested persons of an opportunity to be heard; an affidavit regarding the form of the notice mailed being attached hereto as Exhibit "A"; the proof of the publication being attached hereto as Exhibit"B"; and WHEREAS, a public hearing was held on September 12, 2022, and comments and objections of all interested persons have been heard and considered, as required by the Ordinance; and WHEREAS, the City Council wishes to amend Resolution 2022-R-10 to comport with the Council's findings following public discussion at its public hearings. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA: Section 1. This Resolution is adopted pursuant to Ordinance No. 2022-0-11; the Initial Assessment Resolution 2022-R-10; Article VIII, Section 2, Florida Constitution; sections 166.021 and 166.041, Florida Statutes;and all other applicable provisions of law. Section 2. Definitions and Interpretation. This Resolution constitutes the Final Assessment Resolution as defined by Ordinance 2022-0-11. All capitalized terms in this Resolution shall have the meanings defined in the Ordinance and the Initial Assessment Resolution, 2022-R-11 2 Section 3. Imposition of Fire Services Assessments. The parcels of Assessed Property described in the Assessment Roll, which is hereby approved, are hereby found to be specially benefited by the provision of the fire protection services, facilities,and programs described or referenced in the Initial Assessment Resolution in the amount of the Fire Services Assessment set forth in the Assessment Roll, a copy of which was present or available for inspection at the above referenced public hearing and is incorporated herein by reference. The Non-Ad Valorem Assessment Roll will be delivered to the Volusia County Tax Collector with the certification attached hereto as Exhibit"C." It is hereby ascertained, determined, and declared that each parcel of Assessed Property within the City will be specially benefited by the City's provision of fire protection services,facilities and programs in an amount not less than the Fire Services Assessment for such parcel, computed in the manner set forth in the Initial Assessment Resolution.Adoption of this Final Assessment Resolution constitutes a legislative determination that all parcels assessed derive a special benefit in a manner consistent with the legislative declarations, determinations and findings, as set forth in the Ordinance and the Initial Assessment Resolution, from the fire protection services, facilities, and programs to be provided and a legislative determination that the Fire Services Assessments are fairly and reasonably apportioned among the properties that receive the special benefit as set forth in the Initial Assessment Resolution. a. The method for computing Fire Services Assessments described and referenced in the Initial Assessment Resolution is hereby approved. The Parcel Apportionment methodology adopted in Section 8 of the Initial Assessment Resolution and described in the City of Edgewater Fire Assessment Memorandum dated June 2022 prepared by Government Services Group, Inc., which report is incorporated by reference in Section 6 of the Initial Assessment ResoIution, is hereby approved. b. For the Fiscal Year beginning October 1, 2022, the Fire Services Assessed Costs to be assessed is $609,658. The Fire Services Assessments to be assessed and apportioned 2022-R-11 3 among benefited parcels pursuant to the Cost Apportionment and Parcel Apportionment to generate the estimated Fire Services Assessed Cost for the Fiscal Year beginning October 1,2022,are hereby established as follows; Residential Property Use Categories Rate Per Dwelling Unit Residential $50.00 Non-Residential Property Use Categories Rate Per Square Foot(capped at 97,000 sq. ft. Commercial $0.03 Industrial/Warehouse $0.01 Institutional $0.05 C. The above rates of assessment are hereby approved. Fire Services Assessments for fire protection services, facilities, and programs in the amounts set forth in the Assessment Roll, as herein approved, are hereby levied and imposed on all parcels of Assessed Property described in such Assessment Roll for the Fiscal Year beginning October 1, 2022. d. Institutional Property whose use is wholly exempt from ad valorem taxation under Florida law provides facilities and uses to their ownership, occupants, and membership as well as the public in general that otherwise might be requested or required to be provided by the City and such property uses serve a legitimate public purpose and provide a public benefit. Therefore, it is fair and reasonable not to impose Fire Services Assessments upon Buildings located upon such parcels of Institutional Property whose Building Use is wholly exempt from ad valorem taxation under Florida law. Accordingly, no Fire Services Assessments shall be imposed upon Institutional Buildings located upon a parcel of Institutional Property whose Building Use is wholly exempt from ad valorem taxation under Florida law. e. Government Property provides facilities and uses to the community, local constituents, 2022-R-11 4 and the public in general that serve a legitimate public purpose and provide a public benefit. Therefore, it is fair and reasonable not to impose Fire Services Assessments upon such parcels of Government Property. f. In accordance with Section 170.01(4), Florida Statutes, no Fire Services Assessment shall be imposed against any Building of Non-Residential Property located on a Tax Parcel that is classified by the Property Appraiser as agricultural lands pursuant to Section 193.461, Florida Statutes, unless that Building exceeds a just value of $10,000 as determined by the Property Appraiser and is not an "agricultural pole barn"as defined in Section 170.01(4),Florida Statutes. g. Additionally, no Fire Services Assessment shall be imposed upon homesteaded Residential Property owned by a qualified disabled veteran who receives a total property tax exemption for their homesteaded Residential Property pursuant to either Section 196.081 or 196.091, Florida Statutes. h. Any shortfall in expected Fire Services Assessment proceeds due to any reduction or exemption from payment of the Fire Services Assessments required by law or authorized by the City Council shall be supplemented by a legally available fund, or combination of such funds, and shall not be paid for by proceeds or funds derived from the Fire Services Assessments. i. As authorized in Section 16-21 of Ordinance 2022.0-11, Interim Fire Services Assessments are also levied and imposed against all property for which a Building Permit is issued after the adoption of this Final Assessment Resolution based upon the rates of assessment approved herein. j. Fire Protection Assessments shall constitute a lien upon the Assessed Property so 2022-R-11 5 assessed and shall be equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles, and claims, until paid. The lien for a Fire Services Assessment shall be deemed perfected upon the City Council's adoption of this Final Assessment Resolution. Upon perfection, the lien for a Fire Services Assessment collected under the Uniform Assessment Collection Act shall attach to the property included on the Assessment Roll as of the prior January 1,the lien date for ad valorem taxes imposed under the tax roll. k. The Fire Protection Assessment for the Fiscal Year beginning on October 1, 2022, shall be collected as authorized in Section 16.22 of Ordinance 2022-0-11 and Section 14 of the Initial Assessment Resolution, using the Uniform Assessment Collection Act method to collect the Fire Protection Assessment. Section 4. For the Fiscal Year 2022 - 23, the Initial Assessment Resolution is hereby confirmed and restated. Section 5. The adoption of this Final Assessment Resolution shall be the final adjudication of the issues presented (including, but not limited to, the determination of special benefit and fair apportionment to the Assessed Property; the method of apportionment and assessment; the rate of assessment; the Assessment Roll; and the levy and lien of the Fire Services assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of this Final Assessment Resolution. Section 6. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 7. If any portion of this Resolution is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this Resolution. If this Resolution or any provisions thereof shall be held to be inapplicable to any 2022-R-11 6 person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. 2022-R-11 7 Section 8. This resolution shall take effect upon adoption. After Motion to approve by (CalDCLn with Second by the vote on this resolution was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power }( Councilwoman Gigi Bennington _ Councilwoman Debbie Dolbow K Councilman Jonah Powers � PASSED AND DULY ADOPTED this�e�T day of 12022. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA U un �-- r Mayor `WTTEST:•' nrr Bonnie Zlotnik, C City Clerk For the use and reliance only by the City of Edgewater, Florida Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims,Wolfe&Yoon Approved by the City QgLincil of the City of Edgewater at a meeting held on this Z day of' �f>'�P.f`!✓1r2Jt 2022, under Agenda Item No 8 2022-R-11 8 • .'� �. �. .... .. �. �. .t . ��� .. Vis. � .. EXHIBIT A" AFFIDAVIT OF MAILING 2022-R-1 1 9 AFFIDAVIT OF MAILING BEFORE US, the undersigned authorities, personally appeared Glenn Irby, who, after being duly sworn,depose and say: 1. Glenn Irby, as City Manager of Edgewater, Florida (the "City"), pursuant to City Ordinance No. 2022-0-11 (the "Ordinance"), timely directed the preparation of the Assessment Roll and the preparation, mailing, and publication of notices in accordance with the Ordinance and in conformance with the Initial Assessment Resolution adopted by the City Council on July 11,2022, (the "Initial Rate Resolution"). 2. In accordance with the Ordinance,the City timely provided all necessary information for notification of the Fire Protection Services Assessment to the Property Appraiser of Volusia County to be included as part of the notice of proposed property taxes under section 200.069, Florida Statutes, the truth-in-millage notification. On August 19, 2022, the Volusia County Property Appraiser caused to be mailed, by first class mail, the fire protection assessment notices as part of the TRIM notices to each affected property owner at the addresses then shown on the real property assessment tax roll database maintained by the Volusia County Property Appraiser. The information provided to the Property Appraiser to be included on the truth-in-millage notification included the following: the purpose of the assessment; the total amount proposed to be levied against each parcel; the unit of measurement to be applied against each parcel to determine the assessment; the number of such units contained within each parcel; the total revenue the City expects to collect by the assessment; a statement that failure to pay the assessment will cause a tax certificate to be issued against the property which may result in a loss of title; a statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and the date, time; and place of the hearing. FURTHER AFFIANTS SAYETH NOT. affiant STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing Affidavit of Mailing eras sworn.to and subscribed before me this �� day of .�� , 2022 by un,-&Adgewater, Florida. He/she is personall known to me or has produced as identification and did take an oath. OL Printed Name: .l ' TNIK Notary Public, State of Florida ; EONNIE710 s Pa #HH 22 2 At Large ' M1 13,2°24 My Commission Expires: Commission No.: EXHIBIT"B" PROOF OF PUBLICATION 2022-R-11 10 =DC'i rmtOAYrONA 8EACH MUM NEWS JOURNAL P.O.Box 630476,Cincinazti.OH 45263.0476 PROOF OF PUBLICATION Bonnie Zlotaik City Of Edgewater Po Box 100 Edgewater FL 32132-0100 STATE OF WISCONSIN,COUNTY OF BROWN Before the undersigned authority personally appeared,said legal clerk,who,on oath says that he/she is LEGAL COORDINATOR of The News-Journal,a daily and Sunday newspaper,published at Daytona Beach in Volusia and Flagler Counties, Florida;that the attached copy of advertisement,being a Classified Custom Legal CLEGL in the Circuit Court,was published in said newspaper In the issues dated or by publication on the newspaper's website, if authorized,on: 08/18/2022 Affiant further says that The News-Journal Is a newspaper published at Daytona Beach,in said Volusia County, Florida, and that the said newspaper has heretofore been continuously published in said Volusia County,Florida each day and Sunday and has been entered as second-class mail matter at the post office In Daytona Beach,in said Volusia County, Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and affiant further says that he has neither paid nor promised any person,firm or corporation any discount,rebate, commission or refund for the purpose of securing this — advertisement for publication In the said newspaper. Subscribed and sworn to before gn D08�l18l2022 Legal Clerk Notary,State of Wl my of Brown My commision expires Publicatlon Cost: $331.40 Order No: 7660248 #o!Copies: .,.,�. Customer No: 465649 t �AE:P,i P L i'J POM I\C!t8r�' f O.I!C THIS IS NOT AN INVOICE! Stj1i: of %� istrc)��s!n Plcasc do not asc tkis funs fur punuc+„ietwituncr. 177' Pagel of 1 CITY OF EDGEWATER I (MCE OF PUBUC HEAWNG MOUMON NO.20n-R-11 Nonce 13 hereby glean that the Cin+Caunefl of tate City of Edgewater,Florida,v4U hold a public hearing on Monday,Soptemtter 1242M.at 6:00 P.M.or 33 Soon thereafter as the mm may to heard,In CeundI Chambers,104 N.Riverside Drina,Edgawabm,to caasidef Resolution No.2M-R-11-All interested persons are Invited to anow.This heaMg may be can@nued to one ar mare dates.The dates, times and places of any cordlnuation of the above-scheduled public hearings will be announced at said public hearing and no further no cdcn regarding said continuation is required to be pubilshed.AddiHortal Inlarmallon and a copy of the proposal resolution may be churned from the City Clark,104 N.Riverside Drive,Edgewater If any person decides to appeal any decision made by the Cly Council with respect to any matter considered at such hearing,a record of the proceadings may be needed,and in that evard,such parson may need to ensure W a verbatim record of the proceedings Is made,which record Includes the testimony and evidence upon which the appeal Is based.In accordance with the American with OISsbUltiesAd,persons needing assistance to padclpata In this hearing should contact the Csty Clerk at(386)424.2400 extens!on 1102. RMOLU ION NO.2022-R-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATEA FLORIDA, RELATING TO — - THE PROVISION-OF ARE-PROTECTION SERVICES* - - - — - FACILITIES AND PReGRAMS FOR THE CITY OF ED GEWAM,,ESTABLISHING LEGISLATIVE FINDINGS; IMPOSING FIRE SERVICES ASSESSMENTS AONNST ASSESSED PROPERTY LOCATED WITHIN THE CITY FOR THE FISCAL YEAR BEWNNINO OCTOBER 1, 2022, APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEIFEMILTTYATID APPLICABILITY, AN EFFECTIVE DATE,AND FOR ADOPTION. A0 affected pmarty owners have a right to appear at the hearing ami to Eta written objections with the Cine Council within 20 days of thIs notice. The assessments far each parcel of property wi0 be basad upon each pmts Property Use las fication and the total number of Wiling units athibuted 0 that parcel.Thefollowing table reffectsthe proposed f reservlcasassessmentschedule being considered by City Council for the Fiscal Year beginning Octobar 1.2022: Fire Service s Assessment Ratan Rosidertial Property Use Catenary Rate Per OwellIng Unit Residential 550.00 Non-Raddentlal9roperty Use Categories Rate Per Square Foot Commarclal $0.03 tndusblaYWarehause $0.01 lastltutiartal 1 $0.05 The assasssnerrts vrl0 be co0ecW on fate ad vateram tax big W be mailed In November 2022,as authorized by section 197.3632,Florida Statutes.Fallaw to pay the assessments will cause a tax certificate to be Issued agWnst the property whlch may result In a loss of title. U you have any questions,please contact the Ctty at(3867 424-2400 x 4000 between 8:00 am.and 4;30 p.m.,Monday through friday. tau `b • 4 i Submitted by, Bennie Zloin%CMC ooa+mvr City Clerk EXHIBIT"C" CERTIFICATE TO NON AD VALOREM ASSESSMENT ROLLS 2022-R-11 11 CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL HEREBY CERTIFY that, I am the Mayor of the City of Edgewater, or authorized agent, of City of Edgewater, Florida (the "City"); as such I have satisfied myself that all property included or includable on the non-ad valorem assessment roll for fire protection services (the "Non-Ad Valorem Assessment Roll") for the City is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to the Volusia County Tax Collector by September 15, 2022. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Volusia County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll this 2­44_� day of�`�r 1 2022. CITY OF EDGEWATER, FLORIDA I t By, or ({ [to be delivered to Tax Collector prior to September 15] C-1