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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RESOLUTION 2023-46
RESOLUTION 2023-46
9. NOTICE BY MAIL. 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.
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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.
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Gwen Carlisle, MMC
City Clerk