AN ORDINANCE TO ESTABLISH AND LEVY AD VALOREM TAXES WITHIN THE CORPORATE LIMITS OF THE TOWN OF FORT MYERS BEACH, FLORIDA, FOR THE TAX YEAR 1997; PROVIDING AUTHORITY; LEVY OF AD VALOREM TAXES IN THE AMOUNT OF 1.0961 MILLS ($1.0961 PER $1,000) BASED ON THE ASSESSED VALUE ON NON-EXEMPT REAL AND PERSONAL PROPERTY LOCATED WITHIN THE LIMITS OF THE TOWN OF FORT MYERS BEACH; PROVIDING MANNER OF ASSESSMENT AND COLLECTION; CHANGE IN THE ASSESSMENT ROLL; SEVERABILITY; REPEALING CLAUSE AND PROVIDING AN EFFECTIVE DATE.

IT IS HEREBY ORDAINED BY THE TOWN OF FORT MYERS BEACH, FLORIDA as follows:

SECTION ONE: Authority

This Ordinance is enacted pursuant to the provisions of Chapter 95-494, Laws of Florida, Chapter 166, Florida Statutes, and other applicable provisions of law.

SECTION TWO: Levy of Ad Valorem Taxes in the Amount of 1.0961 Mills ($1.0961 Per $1,000) based on the assessed value on non-exempt real and personal property located within the limits of the Town of Fort Myers Beach.

That the Town Council of the Town of Fort Myers Beach does hereby establish and fix and levy ad valorem taxes for the taxable year 1997 in the amount of 1.0961 mills, $1.0961 for each $1,000 of assessed valuation, less exemptions. The millage rate levied is less than the roll-back rate of (Not Applicable) mills by (Not Applicable) mills computed pursuant to Florida Law and amounts to a (Not Applicable) reduction in property taxes.

SECTION THREE: Manner of Assessment and Collection.

That the levy of taxes provided for by this Ordinance shall be based on the assessed value of all non-exempt real and personal property assessed and established pursuant to law by the Lee County Property Appraiser for the year 1997 and shall be collected as provided by law. When collected, taxes fixed and levied by this Ordinance shall be used for all lawful purposes for the Fiscal Year beginning October 1, 1997, and ending September 30, 1998, for the Town of Fort Myers Beach, Florida.

SECTION FOUR: Change in the Assessment Roll.

If the property appraiser notifies the Town of an aggregate change in the assessment roll from the certified assessment roll, from corrections of errors in the assessment roll, the millage will be adjusted by the Town Manager by issuing a certificate of adjusted millage. The adjustment shall be such that the taxes computed by applying the adopted rate against the certified taxable value are equal to the taxes computed by applying the adjusted adopted rate to the taxable value on the roll to be extended. The certificate shall be delivered to the property appraiser not later than three days after receipt of notification of the aggregate change in the assessment roll.

SECTION FIVE: Severability

If any one of the provisions of this ordinance should be held contrary to any express provision of law of contrary to the policy of express law, although not expressly prohibited, or against public policy, or shall for any reason whatsoever beheld invalid, then such provision shall be null and void and shall be deemed separate from the remaining provisions of this ordinance , and in no way affect the validity of all other provisions of this ordinance.

SECTION SIX: Repealing Clause

All ordinances or parts thereof in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed.

SECTION SEVEN: Effective Date

This ordinance shall become effective September 30, 1997.

The foregoing ordinance was enacted by the Town Council upon

a motion by Council Member Murphy and seconded by Council

Member Isler and, upon being put to a vote, the result was as

follows:

Anita T. Cereceda aye

Ted FitzSimons absent

William (Rusty) Isler aye

Garr Reynolds aye

Ray Murphy aye

DULY PASSED AND ENACTED this 22nd day of September, 1997.

ATTEST: TOWN OF FORT MYERS BEACH

By: By:

Marsha Segal-George, Town Clerk Anita T. Cereceda, Mayor

Approved as to form by:

Richard V.S. Roosa, Town Attorney