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HomeMy WebLinkAboutResolution - City Council - Regular - 2026-63 - 8/3/2026RESOLUTION NO. 2026-63 A RESOLUTION OF THE CITY OF FORT MYERS, FLORIDA, RELATING TO THE FUNDING AND PROVISION OF FIRE RESCUE SERVICES AND FACILITIES IN THE CITY; ESTABLISHING THE ESTIMATED FIRE RESCUE ASSESSED COST AND ASSESSMENT RATES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2026; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL FOR SUCH FISCAL YEAR; AUTHORIZING A PUBLIC HEARING TO CONSIDER ADOPTION OF THE ANNUAL RATE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT MYERS, FLORIDA, that: SECTION 1. AUTHORITY. This Resolution of the City of Fort Myers, Florida is adopted pursuant to Article III of Chapter 74 of the Code of Ordinances of the City of Fort Myers, Florida (the "Fire Assessment Ordinance"), Article VIII, Section 2 of the State Constitution, Sections 166.021, 166.041 and 197.3632, Florida Statutes, and other applicable provisions of law, City Resolution No. 2015-6 (the "Initial Assessment Resolution") and City Resolution No. 2015-9 (the "Final Assessment Resolution"), and together with the Initial Assessment Resolution, the "Assessment Resolutions"). SECTION 2. DEFINITIONS. This Resolution constitutes the Preliminary Rate Resolution for the Fiscal Year commencing October 1, 2026 (the "Fiscal Year 2026-2027"). All capitalized words and terms not RESOLUTION NO. 2026-63 otherwise defined herein shall have the meanings set forth in the Fire Assessment Ordinance and the Assessment Resolutions. Unless the context indicates otherwise, words imparting the singular number include the plural number, and vice versa. SECTION 3. PROVISION AND FUNDING OF FIRE PROTECTION SERVICES. (A) Upon the imposition of a Fire Rescue Assessment against assessed property located within the City, the City shall provide fire rescue services to such Assessed Property. A portion of the total costs incurred by the City in providing such fire rescue services, facilities, and programs shall be funded from proceeds of the Fire Rescue Assessments. The remaining costs shall be funded by available City revenues other than Fire Rescue Assessment proceeds. (B) The fire rescue services, facilities and programs to be provided are described in the Assessment Resolutions and generally include, but are not limited to, the personnel, equipment and facilities necessary in order to provide fire rescue services to Tax Parcels in the City. (C) It is hereby ascertained, determined, and declared that each parcel of assessed property located within the City will be benefitted by the City's provision of fire rescue services, facilities, and programs in an amount not less than the Fire Rescue Assessment imposed against such 2 RESOLUTION NO. 2026-63 parcel, computed in the manner set forth in the Assessment Resolutions and this Preliminary Rate Resolution. SECTION 4. IMPOSITION AND COMPUTATION OF FIRE RESCUE ASSESSMENTS. Fire Rescue Assessments shall be imposed against all Tax Parcels within the City not otherwise exempted by the Assessment Resolutions. Fire Rescue Assessments shall be computed in the manner set forth in the Assessment Resolutions and this Preliminary Rate Resolution. SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND FAIR APPORTIONMENT. The legislative determinations of special benefit and fair apportionment set forth in the Fire Assessment Ordinance and the Assessment Resolutions are affirmed and incorporated herein by reference. SECTION 6. APPORTIONMENT METHODOLOGY. The apportionment methodology for the Fire Rescue Assessments set forth in the Assessment Resolutions is affirmed and incorporated herein by reference. SECTION 7. DETERMINATION OF FIRE RESCUE ASSESSED COST AND ANNUAL ASSESSMENT RATES. (A) The estimated Fire Rescue Assessed Cost for Fiscal Year 2026- 2027 is $16,870,200. 3 RESOLUTION NO. 2026-63 (B) The assessment rates to be applied by the City Manager in the preparation of the Assessment Roll for Fiscal Year 2026-2027 are as follows: Fire Rescue Assessment Rates Property Use Category Assessment Unit Assessment per Unit Residential Dwelling Unit $239.80 Commercial Sq. Ft. $0.2412 Ind/Warehouse Sq. Ft. $0.0534 • Govt/Institutional Sq. Ft. $0.4769 SECTION 8. ASSESSMENT ROLL. (A) The City Manager is hereby directed to prepare, or cause to be prepared, an Assessment Roll for Fiscal Year 2026-2027, in the manner provided in the Fire Assessment Ordinance. The City Manager shall apportion the estimated Fire Rescue Assessed Cost to be recovered through Fire Rescue Assessments in the manner set forth in the Assessment Resolutions. (B) A copy of this Preliminary Rate Resolution, the Fire Assessment Ordinance, the Assessment Resolutions, and the Assessment Roll for Fiscal Year 2026-2027 shall be maintained on file in the office of the City Clerk and open to public inspection. The foregoing shall not be construed to require that the Assessment Roll for Fiscal Year 2026-2027 be n RESOLUTION NO. 2026-63 in printed form if the amount of the Fire Rescue Assessment for each parcel of property can be determined by the use of a computer terminal available to the public. (C) It is hereby ascertained, determined, and declared that the method of determining the Fire Rescue Assessments for fire rescue services as set forth in the Assessment Resolutions and this Preliminary Rate Resolution is a fair and reasonable method of apportioning the Fire Rescue Assessed Cost among parcels of Assessed Property located within the City. SECTION 9. PUBLIC HEARING. There is hereby established a public hearing to be held at 5:15 p.m. on Wednesday, September 9, 2026, in Council Chambers at Oscar M. Corbin, Jr. City Hall, 2200 Second Street, Fort Myers, Florida, at which time the City Council will receive and consider any comments from the public and affected property owners regarding imposition of the Fire Rescue Assessments and collection thereof on the annual ad valorem property tax bill commencing in November 2026 as authorized by the Uniform Assessment Collection Act. At the conclusion of such public hearing, City Council will consider adoption of the Annual Rate Resolution approving the rate of assessment for Fiscal Year 2026-2027 and directing certification of the Assessment Roll to the Tax Collector for collection. 5 RESOLUTION NO. 2026-63 SECTION 10. NOTICE BY PUBLICATION. City staff is authorized and directed to facilitate publication of notice of the public hearing authorized by Section 9 hereof in accordance with Section 74-308 of the Fire Assessment Ordinance. NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF NON -AD VALOREM SPECIAL ASSESSMENTS TO FUND FIRE RESCUE SERVICES AND FACILITIES Notice is hereby given that the City Council of Fort Myers, Florida (the "City") will conduct a public hearing to consider adoption of a final assessment resolution related to the provision and funding of fire rescue services and facilities. The final assessment resolution will provide for the imposition of special assessments, sometimes characterized as non -ad valorem assessments, against property located within City limits and collection of the assessments by the Lee County Tax Collector pursuant to the tax bill collection method for the fiscal year commencing October 1, 2026, and each fiscal year thereafter. The assessment is an annual assessment that will continue from year to year. The hearing will be held at 5:15 p.m., or as soon thereafter as may be 6 RESOLUTION NO. 2026-63 heard, on Wednesday, September 9, 2026, in the City Council Chambers located at Oscar M. Corbin, Jr. City Hall, 2200 Second Street, Fort Myers, Florida. 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. The assessments have been proposed to fund a portion of the costs incurred by the City each year in providing fire rescue services, facilities, equipment and improvements throughout the City. The assessment for each parcel of property will be based upon each parcel's classification and the total number of billing units attributed to that parcel. The following table reflects the proposed fire rescue assessment schedule. Property Use Category Residential Commercial Ind/ Warehouse Govt/Institutional Assessment Assessment Unit Per Unit elling Unit $239.80 Sq. Ft. $0.2412 Sq. Ft. $0.0534 Sq. Ft. $0.4769 Copies of the City's Fire Assessment Ordinance (Article III of Chapter 74 of the City Code of Ordinances), and the preliminary Fire Rescue Assessment Roll are available for 7 RESOLUTION NO. 2026-63 inspection at the office of the City Clerk, located at Oscar M. Corbin, Jr. City Hall, 2200 Second Street, Fort Myers, Florida. If you have any questions, please contact the Financial Services Department at 239-321-7147. 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 basea. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk at least 48 hours in advance of the meeting at (239) 321-7035 or for the hearing impaired, TDD telephone number (239) 332-2541. Interested parties may appear at the meeting and be heard in respect to the proposed fire rescue assessment. RESOLUTION NO. 2026-63 CITY OF FORT MYERS, FLORIDA By: Mary Hagemann, CMC City Clerk RESOLUTION NO. 2026-63 SECTION 11. NOTICE BY MAIL. City staff is authorized and directed to facilitate mailed notice of the public hearing authorized by Section 9 hereof in accordance with Section 74-308 of the Fire Assessment Ordinance. City of Fort Myers, Florida Notice of Non -Ad Valorem Assessments ***THIS IS NOT A BILL - NO ACTION IS REQUIRED*** Date of Public Hearing: Wednesday, September 9, 2026 Strap Number: Site Address: The City of Fort Myers is notifying property owners of their estimated Non -Ad Valorem Assessments for 2026. 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 2027 for all properties is Sixteen Million Eight Hundred Seventy Thousand Two Hundred Dollars ($16,870,200.00) 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 not to exceed rates determined by property use category as follows: Residential, $239.80 per dwelling unit, Commercial, $0.2412 per square foot, Ind/Warehouse $0.0534 per square foot and Govt/Institutional, $0.4769 per square foot. Number of dwelling units/square footage assessed: Rate: $_ Total estimated fire assessment for this property for calendar year 2027 is: $ 10 RESOLUTION NO. 2026-63 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 2027 for all residential properties with four units or less is Five Million Nine Hundred Five Thousand Eight Hundred Dollars ($5,905,800.00). 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 2027 solid waste service assessment rate for these residential units is estimated at and will not exceed $240.55 per unit. 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 2027 is: $ City of Fort Myers Stormwater Assessment This assessment funds stormwater services for all properties in the City. The total estimated stormwater assessment revenue to be collected in 2027 for all properties is Seven Million Seven Hundred Seventy Six Thousand Dollars ($7,776,000.00). The 2027 stormwater assessment rate for each standard impervious unit of 500 square feet is estimated at and will not exceed $2.16 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 2027 is: $ The exact assessments for 2027 will be shown on your 11 RESOLUTION NO. 2026-63 2026 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 Wednesday, September 9, 2026 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@fortmyers.gov 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 12 RESOLUTION NO. 2026-63 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 (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 SECTION 12. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds derived by the City from the Fire Rescue Assessments will be utilized for the provision of fire rescue services, facilities, and programs. In the event there is any fund balance remaining at the end of the Fiscal Year, such balance shall be carried forward and used only to fund fire rescue services, facilities, and programs. SECTION 13. EFFECTIVE DATE. This Preliminary Rate Resolution shall take effect immediately upon its passage and adoption. 13 RESOLUTION NO. 2026-63 PASSED IN PUBLIC SESSION of the City Council of the City of Fort Myers, Florida, on August 3, 2026. Teresa Wa Diana Giraldo _� Terolyn P. Watson Fred Burson Darla Bonk Councilpersons APPROVED on August 3, 2026. Kevin B. Anderson Mayor FILED in the Office of the City Clerk on August 3, 2026. AMWRLI. f1.r� /t77W /rh. b•,,,;�y°';r, Mary a an , MC •• (p Ci Cle o*s j� • S �� ••••sego• Pl.4R\VP•�'�`