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HomeMy WebLinkAboutResolution - City Council - Regular - 2023-46RESOLUTION NO. 2023-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, RELATING TO THE STORMWATER MANAGEMENT PROGRAM IN THE CITY; DESCRIBING THE METHOD OF ASSESSING STORMWATER MANAGEMENT SERVICES AND FACILITIES COSTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY; DETERMINING THE INITIAL STORMWATER ASSESSMENTS; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS: The City Council of the City of Fort Myers, Florida, enacted Ordinance No. 2909 on August 17, 1999, which was amended by Ordinance No. 3506 on March 16, 2009, and Ordinance No. 3657, on March 18, 2013, which authorized the imposition of annual Assessments for Stormwater Management Services and Facilities against certain real Property within the City; and WHEREAS: A Stormwater Assessment is being imposed upon certain real property within the City for Stormwater Management Services and Facilities; and WHEREAS: The imposition of a Stormwater Assessment fee is an equitable and efficient method of allocating and apportioning Stormwater costs among parcels of Assessed Property located in the City. WHEREAS: Notice of a public hearing to consider adoption of the Assessment Roll has been provided herein in accordance with the requirements of the Stormwater Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, that: 1. AUTHORITY. This resolution is adopted pursuant to the provisions of Chapter 90 Utilities, City Code, Section 90-202 and Florida Statute 197.3632, and other applicable provisions of law. 2. PURPOSE AND DEFINITIONS. This resolution constitutes the Initial Assessment Resolution as defined in Chapter 90 Utilities, City Code. All capitalized words and terms not otherwise defined herein shall RESOLUTION 2023-46 have the meanings set forth in the Chapter 90 Utilities, City Code. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. As used in this Initial Assessment Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires: “Tax parcel” means a parcel of property located within the City to which the Property Appraiser has assigned a distinct ad valorem property tax identification number. 3. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND FAIR APPORTIONMENT. It is hereby ascertained and declared that the Stormwater management services and facilities provide a special benefit to the Assessed Property based upon the following legislative determinations: (a) Upon the adoption of this Initial Assessment resolution identifying the Assessed Property to be included in the Assessment Roll, the legislative determinations of special benefit ascertained and declared in Section 90-202 of the City Code are hereby ratified and confirmed. (b) The size of Property and the impervious area determines the scope and cost of Stormwater Management Services and Facilities to be provided to such property. (c) Apportioning the Stormwater Costs for Stormwater Management Services and Facilities provided to certain real Property within the City based on impervious surface pursuant to Sections 90-221 and 90-222, City Code and the use of the Tax Roll data base is required to avoid cost inefficiency and unnecessary administration and is a fair and reasonable method of apportioning Stormwater Costs. 4. STORMWATER MANAGEMENT SERVICE AND FACILITIES. RESOLUTION 2023-46 (a) Upon the imposition of Stormwater Assessments for Stormwater Management Service and Facilities against Assessed Property located within the City, the City shall cause Stormwater Management Service and Facilities to be provided to such Assessed Property. Stormwater Costs shall be paid from proceeds of the Stormwater Assessments. (b) It is hereby ascertained, determined, and declared that each parcel of Assessed Property will be benefited by the City's provision of Stormwater management services and facilities in an amount not less than the Stormwater Assessment upon such parcel computed in the manner set forth in this Initial Assessment Resolution. 5. DETERMINATION OF STORMWATER COST: ESTABLISHMENT OF INITIAL STORMWATER MANAGEMENT SERVICES AND FACILITIES SERVICE ASSESSMENTS. (a) The Stormwater Cost to be assessed and apportioned among benefited parcels for the Calendar Year commencing January 1, 2024, is approximately Six Million Eight Hundred Fifty Thousand Dollars ($6,850,000.00). The approval of this Initial Assessment Resolution determines the amount of the Stormwater Cost. The remainder of Fiscal Year 2023-2024 budget for Stormwater management services and facilities shall be funded from available City revenue other than Stormwater Assessments. (b) For the Calendar Year in which Stormwater Assessments for Stormwater management services and facilities are imposed, the Stormwater Cost shall be allocated among certain parcels of Assessed Property, based upon each parcel's classification and the impervious surface of the RESOLUTION 2023-46 property. The standard impervious unit shall be calculated in the same manner regardless of classification of the parcel. The standard impervious units represented by each tax parcel shall be calculated by: 1. Rounding the impervious square feet of the parcel down to the nearest 500 square feet, and 2. Dividing the result by the standard impervious unit value of 500 square feet. (c) The Stormwater fee, prior to the application of fee reduction or adjustment pursuant to the City Code, Sections 90-223 and 90-224 for certain parcels in the City is calculated as the standard impervious unit represented by each tax parcel, multiplied by the Stormwater rate per standard impervious unit as established by resolution pursuant to the City Code, Section 90-252. The Stormwater fee shall be the rates applied by the Stormwater Division in the preparation of the Initial Assessment Roll for the period from January 1, 2024, through December 31, 2024. 6. ASSESSMENT ROLL. (a) The Stormwater Division is hereby directed to prepare, or cause to be prepared, an Initial Assessment Roll for the Calendar Year beginning January 1, 2024, in the manner provided in the City Code, Chapter 90, Utilities. Such Initial Assessment Roll shall contain the following: i. A summary description of all Assessed Property within the City conforming to the description contained on the Tax Roll, ii. The name and address of the owner of record of each parcel as shown on the Tax Roll, and RESOLUTION 2023-46 iii. The amount of the Initial Stormwater Assessment for Stormwater management services and facilities. The Initial Assessment Roll shall be open to public inspection. Such Stormwater Assessment for each parcel of Assessed Property shall be computed by multiplying the assessment rate by the standard impervious unit and multiplying the monthly Stormwater assessment by twelve (12) for Stormwater management services and facilities provided to such parcel. (b) It is hereby ascertained, determined, and declared that the foregoing method of determining the Stormwater Assessments for Stormwater management services and facilities (1) is a fair and reasonable method of apportioning the Stormwater Cost among parcels of Assessed Property. 7. AUTHORIZATION OF PUBLIC HEARING. There is hereby established a public hearing to be held at 5:15 o’clock p.m. or as soon thereafter as can be heard on Thursday, September 7, 2023 in the City Council Chambers, Oscar M. Corbin, Jr. City Hall, 2200 Second Street, Fort Myers, Florida, for the purpose of (a) receiving and considering any comments on the Stormwater Assessments from affected property owners and (b) authorizing the imposition of such Stormwater Assessments for Stormwater management services and facilities on the same bill as ad valorem taxes. 8. NOTICE BY PUBLICATION. The City Clerk shall publish a notice, as required by Section 197.3632(4)(b), Florida Statutes, in substantially the following form. RESOLUTION 2023-46 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF STORMWATER MANAGEMENT SERVICES AND FACILITIES SPECIAL ASSESSMENTS IN THE CITY OF FORT MYERS, FLORIDA Notice is hereby given that the City Council of the City of Fort Myers, Florida, will hold a public hearing to consider imposing Stormwater special assessments against certain improved properties located within the incorporated area of the City to fund the cost of Stormwater management services and facilities provided to such properties and to authorize collection of such assessments on the tax bill. The public hearing will be held at 5:15 o’clock p.m. or as soon thereafter as can be heard on Thursday, September 7, 2023, in City Council Chambers, Oscar M. Corbin, Jr. City Hall, 2200 Second Street, Fort Myers, Florida, for the purpose of receiving public comment on the proposed assessments. All affected property owners have a right to appear at the hearing and to file written objections with the City Council within twenty (20) days of this notice. Interested parties may appear at the meeting and be heard in respect to the proposed resolution. If a person decides to appeal any decision made by City Council with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Special Requirements: If you require special aid or services as addressed in the Americans with Disabilities RESOLUTION 2023-46 Act, please contact the City Clerk’s Office at (239) 321-7035 or for the hearing impaired., TDD telephone number (239) 332-2541. The assessments will be computed by multiplying square footage of impervious area on each parcel by the rate of the stormwater assessment. The total assessment generates an estimated Six Million Eight Hundred Fifty Thousand Dollars ($6,850,000.00) for 2024. Copies of the assessment roll, showing the amount of the assessment to be imposed against each parcel of property, and the legal documentation relating to the assessments are available for inspection at the Office of the City Clerk, located at Oscar M. Corbin, Jr. City Hall, 2200 Second Street, 4th Floor, Fort Myers, Florida. The assessments will be collected on the ad valorem tax bill to be mailed in November 2023, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate 0.to be issued against the property which may result in a loss of title. Such notice shall be published at least twenty (20) days prior to the public hearing in a newspaper generally circulated in Lee County. 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The City shall provide notice by first class mail to the Owner of each parcel of Assessed Property, as required by Section 197.3632, Florida Statutes, in substantially the form as follows: City of Fort Myers, Florida Notice of Non-Ad Valorem Assessments ***THIS IS NOT A BILL – NO ACTION IS REQUIRED*** Date of Public Hearing: Thursday, September 7, 2023 Strap Number: Site Address: The City of Fort Myers is notifying property owners of their estimated Non-Ad Valorem Assessments for the 2024 calendar year. As required by Section 197.3632, Florida Statues, notice is given that an annual assessment for services provided using the tax bill method of collection may be levied on the property referenced above. City of Fort Myers Fire Assessment This assessment funds a portion of the costs incurred by the City each year in providing fire suppression and rescue services. The total estimated fire assessment revenue to be collected in 2024 for all properties is Fourteen Million One Hundred Seventy Six Thousand Four Hundred Dollars ($14,176,400.00) on the number of dwelling units for residential properties and square footage, not to exceed 115,800 square feet, for non- residential properties, multiplied by rates determined by property use category as follows: Residential, $203.00 per dwelling unit, Commercial, $0.1898 per square foot, Ind/Warehouse $0.0697 per square foot and Govt/Institutional, $0.7272 per square foot. Number of dwelling units/square footage assessed: __ Rate: $___ Total estimated fire assessment for this property for calendar year 2024 is: $______ City of Fort Myers Solid Waste Assessment This assessment funds solid waste services for residential properties in the City. The total estimated solid waste assessment revenue to be collected in 2024 for all residential properties with four units or less is Five Million Six Hundred Fifty Thousand Dollars ($5,650,000.00). Residential properties referred to in this notice include single family homes, duplexes, and multi-family buildings that have four units or less. This notice does not apply to other types of residential buildings. The 2024 solid waste service assessment rate for these residential units is estimated at and will not exceed $240.55 per unit ($20.05 per month). If your property has more than one residential unit, the rate will be multiplied by the number of units. Number of dwelling units: ___ Rate: $_____ The estimated solid waste assessment for this property for calendar year 2024 is: $______ City of Fort Myers Stormwater Assessment RESOLUTION 2023-46 This assessment funds stormwater services for all properties in the City. The total estimated stormwater assessment revenue to be collected in 2024 for all properties is Six Million Eight Hundred Fifty Thousand Dollars ($6,850,000.00). The 2024 stormwater assessment rate for each standard impervious unit of 500 square feet is estimated at and will not exceed $1.96 per unit per month and is the standard unit to be used in calculating the stormwater burden expected to be generated by the impervious area on the property. Number of dwelling units/square footage assessed: __ Rate: $___ The estimated stormwater assessment for this property for calendar year 2024 is: $______ The exact assessments for 2024 will be shown on your 2023 property tax bill that you will receive in November. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. A public hearing will be held on Thursday, September 7, 2023 at 5:15 p.m., in City Council Chambers, Oscar M. Corbin, Jr. City Hall, 2200 Second Street, Fort Myers, Florida to receive public comment on the proposed assessments. All affected property owners have the right to appear at the hearing and to file written objections with the City Council within twenty (20) days of this notice. If any person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting, he or she will need a record of the proceedings and that for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, anyone needing special accommodations or an interpreter to participate in this process should contact the City Clerk’s office at (239) 321-7035 at least 24 hours prior to the hearing. If there is a mistake on this notice or if you have any questions regarding your assessments, please contact the divisions listed below: Fire Assessment: City of Fort Myers Fire Department 2033 Jackson Street Fort Myers, FL 33901 (239) 321-7337 Fireassessment@cityftymyers.com Monday – Friday from 8:00 a.m. – 5:00 p.m. Solid Waste Assessment: City of Fort Myers Solid Waste Division 2925 Dr. Martin Luther King, Jr. Boulevard Fort Myers, FL 33916 (239) 321-8050 Monday – Friday from 8:00 a.m. – 5:00 p.m. Stormwater Assessment: City of Fort Myers Stormwater Division 2200 Second Street Fort Myers, FL 33901 RESOLUTION 2023-46 (239) 321-7448 Monday – Friday from 7:30 a.m. – 4:30 p.m. Change of Mailing Address To make any changes to the mailing address on this notice, please contact the Lee County Property Appraiser’s Office at: Lee County Property Appraiser PO Box 1546 Fort Myers, FL 33902 (239) 533-6150 10. This resolution shall become effective immediately upon adoption. -------- RESOLUTION NO. 2023-46 PASSED IN PUBLIC SESSION of the City Council of the City of Fort Myers, Florida, on August 7, 2023. Terolyn P. Watson Fred Burson lr------____, Darla Bonk Councilpersons APPROVED on August 7, 2023. L______.!i:c::;;:::.......::;~>--- Kevin B. Anderson Mayor FILED in the Office of the City Clerk August 7, 2023. ~CJJ- Gwen Carlisle, MMC City Clerk