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Resolution 2013-23 RESOLUTION 13-023 A RESOLUTION OF THE NORTH NAPLES FIRE CONTROL & RESCUE DISTRICT OF COLLIER COUNTY FLORIDA, ADOPTING FINAL IMPACT FEE RATES FOR FISCAL YEAR 2013-2014, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, impact fees is a funding mechanism that a local government may utilize to pay for public improvements that are necessary to serve new growth; and WHEREAS, in order to be constitutional, impact fees must satisfy a dual rational nexus test; and WHEREAS, the dual rational nexus test requires a local government to show a reasonable nexus between the local government's need for additional capital facilities and the new construction and that a special benefit is conferred upon the fee payers; and WHEREAS, section 8 of the North Naples Fire Control & Rescue District's Charter within section 3 of chapter 99-450, Laws of Florida, authorizes the North Naples Fire Control & Rescue District to assess impact fees for capital improvements on new construction within its boundaries; and WHEREAS, the calculation of impact fee rates assessed effective for the 2013- 2014 fiscal year was based upon the most recent and localized data, as evidenced by the Fire/Rescue Service Impact Fee Update Study dated January 2006; and WHEREAS, the accounting of the impact fee revenues and expenditures are provided for and reported in a separate and segregated special revenue fund entitled Impact Fee Fund; and LD 9-6-13BJB/bb 9-19-13 1 RESOLUTION 13-023 SEPTEMBER 23,2013 PAGE TWO OF FOUR WHEREAS, Collier County collects the impact fees for the District and charges an administrative fee to cover the County's actual costs of such collection, pursuant to an Interlocal Agreement dated September 25, 1990; and WHEREAS, the impact fees adopted by the Board of Fire Commissioners of the North Naples Fire Control and Rescue District for the 2013-2014 fiscal year are imposed in compliance with Section 163.31801, Florida Statutes; and WHEREAS, the final impact fee rates adopted by the Board of Fire Commissioners were adopted at a Public Meeting held on September 23, 2013; NOW, THEREFORE,BE IT RESOLVED by the BOARD OF FIRE COMMISSIONERS OF THE NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT of Collier County Florida, that the final charges for impact fees of$0.28 per square foot of defined living area for residential development and $0.99 per square foot of useable area for commercial and industrial structures as defined in section 8 of the North Naples Fire Control & Rescue District's Charter within section 3 of chapter 99- 450, Laws of Florida, are adopted to be used for capital improvements that are necessary to serve new growth in accordance with Florida law. No reduction in the assessed impact fee charge is authorized. This resolution shall take effect immediately upon its adoption.COP( The foreg g oin resolution was offered by Commissioner LD 9-6-13/BJB/bb 9-19-13 2 RESOLUTION 13-023 SEPTEMBER 23,2013 PAGE THREE OF FOUR who moved its adoption. The motion was seconded by Commissioner CALA , and the Vote was as follows: Commissioner J. Christopher Lombardo: 0) Commissioner John McGowan: k,e5 Commissioner Norman E. Feder: \(-es Commissioner Margaret Hanson: \t eS ucc, , 1 Commissioner M. James Burke: Duly passed on this 23rd day of September, 2013 by the Board of Fire Commissioners of the North Naples Fire Control and Rescue District. NOR - NAPLES FIRE CONTROL'&, SCUE DISTRICT 7 1 omm ssio '- Christopher Lombardo,Chai an ik Commissio * ) O./ iwan,Vice Chairman Commi sioner Norman . Feder, Treasurer 94"--"'''' Commissione argaret Hanson LD 9-6-13/BJB/bb 9-19-13 3 RESOLUTION 13-023 SEPTEMBER 9,2013 PAGE THREE OF FOUR Abs eivr Commissioner M. James Burke LD 9-6-13/BJB/bb 9-19-13 4