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HomeMy WebLinkAboutResolution No. 864-25 Non-Ad Valorem Assessment for a Stormwater UtilityRESOLUTION NO. 864-25 NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENT FOR A STORMWATER UTILITY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS, FLORIDA, EXPRESSING ITS INTENT TO USE THE UNIFORM METHOD FOR THE LEVY, COLLECTION, AND ENFORCEMENT OF NON-AD VALOREM ASSESSMENT PROVIDED FOR IN CHAPTER 197, FLORIDA STATUTES, SECTION 197.3632, FOR A STORMWATER UTILITY FEE TO BE LEVIED FOR OPERATION AND MAINTENANCE OF THE CITY'S STORMWATER CONVEYANCE SYSTEM, CAPITAL PROJECTS RELATED TO STORMWATER DRAINAGE AND RESILIENCY; PROVIDING THAT THE NON-AD VALOREM ASSESSMENT SHALL BE INLCUDED IN THE COMBINED NOTICE FOR AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS PROVIDED IN CHPATER 197, FLORIDA STATUTES, SECTION 197.3635; PROVIDING THAT THE NON-AD VALOREM ASSESSMENT SHALL BE COLLECTED IN THE SAME MANNER AS AD VALOREM TAXES; PROVIDING THAT THIS NON-AD VALOREM ASSESMENT IS NEEDED IN ORDER TO MAINTAIN STORMWATER DRAINAGE SYSTEMS THAT SERVICE THE CITY OF ZEPHYRHILLS AND TO FUND ADDITIONAL CAPITAL IMPROVEMENT PROJECTS TO BE DETERMINED BY THE CITY COUNCIL RELATED TO STORMWATER DRAINAGE AND RESILIENCY; PROVIDING FOR THE LEGAL D SCRIPTION OF THE CORPORATE LIMITS OF THE CITY OF ZEPHYHILLS WHICH SHALL BE SUBJECT TO THE NON- ADVALOREM LEVY; PROVIDING THAT THE PUBLIC HEARING ON THIS RESOLUTION WAS DULY ADVERTISED; PROVIDING THAT THE CLERK OF THE CITY OF ZEPHYHILLS SHALL MAIL CERTFIED COPIES OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the authority set forth in Chapter 166, Florida Statutes, Section 166.021, and Section 2 (b), Article VII, of the Constitution of the State of Florida, municipalities have the governmental, corporate, and proprietary power to conduct unicipal government, perform municipal functions, and render municipal services and may exercise any power for municipal purposes, except as expressly prohibited by law, and WHEREAS, such statutory and constitutional authorization includes the ability to levy a special assessment for the operation and maintenance of the stonnwater conveyance system within the corporate limits of the City ofZephyrhills; and WHEREAS, Chapter 197, Florida Statutes, Section 197.3632, sets forth the required procedure to be followed by a local government to use the unifonn method of levying, collecting, and enforcing non-ad valorem assessments; and WHEREAS, the City Council held a public hearing on this Resolution on December 8. 2025. after advertising in the Tampa Bay Times for four (4) consecutive weeks as required by Chapter 197, Florida Statutes, Section 197.3632 (3)(a); and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ZEPHYHILLS, FLORIDA THAT: Section 1. Intent to Use Uniform Method. The City Council of the City of Zephyrhills intends to use the uniform method for the levy, collection, and enforcement ofnon-ad valorem assessments for a stormwater utility fee within the corporate limits of the City of Zephyrhills, pursuant to Chapter 197, Florida Statutes, Section 197.3632 and 197.3635 Section 2. Need for Levy. The levy of non-ad valorem assessment for the stormwater utility fee is necessary in order to maintain and improve a comprehensive, coordinated, economical, and efficient stormwater drainage infrastructure system that services the City ofZephyrhills. Section 3. Legal Description of Area Subject to Levy. The incorporated area of the City of Zephyrhills shall be subject to the levy and collection of the non-ad valorem assessment as legally described in n Title I, Chapter 1, Section 11.0 of the City of Zephyrhills, Florida Charter and as changed in the manner prescribed by law following the effecting date of such Charter. Section 4. Combined Notice for Ad Valorem Taxes and Non-Ad Valorem Assessments. The non-ad valorem assessment that shall be levied using the uniform method provided for in Chapter 197, Florida Statutes, Section 197.3632, shall be included in the combined notice for ad valorem taxes and non-ad valorem assessments proved for in Chapter 197, Florida Statutes, Section 197.3635. Section 5. Non-Ad Valorem Assessment Subject to Collection Procedures for Ad Valorem Taxes. The non-ad valorem assessment collection pursuant to Chapter 197, Florida Statutes, Section 197.3632, shall be subject to the collection procedures provided for in Chapter 197, Florida Statutes, for ad valorem taxes and includes discount for early payment, prepayment by installment method, deferred payments, penalty for delinquent payment, and sale of tax certificates and tax deeds for nonpayment. Section 6. Public Hearing on Non-Ad Valorem Assessment RoU. The City Council shall adopt a non-ad valorem assessment roll of the property to be assessed within the corporate limits of the City of Zephyrhills at a public hearing held between January 1, 2026, and September 15,2026. Section 7. Copy of Resolution. The Clerk of the City of Zephyrhills is hereby directed to mail a certified copy of this Resolution by United States mail to the Pasco County Property Appraiser, the Pasco County Tax Collector, and the State of Florida Department of Revenue by January 10, 2026. ^^pfi<ai;8», Effective Date. This Resolution shall become effective upon adoption. The.^^going'&esjblutiQd^Q. 864-25 was passed in an open and regular meeting of the City Cosu^ofth^ Cit^ ^ephyrhills, Florida, on this 8th day of December, 2025. Attest: ..^s ^K;te^dq-QUifiQn?s^£;ity Clerk /^ oil PresidentCharles E. Proctor, C ..''..""-'~;..-'^??,' 1::.,'''(?>/'" ..,........''^s^ ' ^'(/^TV^^ The foreg6ing;Rp61ution No. 862-25 was approved by me this 8th day of December, 2025. Me onie Bahr Monson, Mayor Approved as to legal form and legal content for the sole reliance of the City ofZephyrhills /^ Matthew E. Maggard, Attorney