R25-239 RESOLUTION NO. R25-239
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, RELATING TO THE PROVISION OF CANAL
MAINTENANCE SERVICES, IN THE CITY OF BOYNTON BEACH, FLORIDA;
APPROVING THE ASSESSED COSTS AND ASSESSMENT RATES FOR CANAL
MAINTENANCE SERVICES FOR THE FISCAL YEAR BEGINNING ON
OCTOBER 1, 2025; IMPOSING CANAL MAINTENANCE SERVICES SPECIAL
ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE
CITY OF BOYNTON BEACH FOR THE FISCAL YEAR BEGINNING ON
OCTOBER 1, 2025; PROVIDING FOR SEVERABIUTY; PROVIDING FOR
CONFLICTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida, enacted Ordinance
No. 21-011, on April 20, 2021, which authorized the imposition of a Canal Maintenance Services
Special Assessment, pursuant to the procedures set forth therein ("the Ordinance") for the
provision of Canal Maintenance Services for properties that receive Canal Maintenance Services
within the City, and provided for findings of special benefit and the method of apportionment of
a Canal Maintenance Services Special Assessment; and
WHEREAS, the imposition of Canal Maintenance Services Special Assessments for Canal
Maintenance Services for each Fiscal Year is an equitable and efficient method of allocating and
apportioning Canal Maintenance Services Assessed Costs among parcels of Assessed Property;
and
WHEREAS, the City Commission desires to impose Canal Maintenance Services Special
Assessments within the City for the Fiscal Year beginning on October 1, 2025; and,
WHEREAS, the City Commission, on July 7, 2025, adopted Resolution No. R25-160 (the
"Preliminary Assessment Resolution"), referencing the Canal Maintenance Services to be provided
to Assessed Property, describing the method of apportioning the Canal Maintenance Services
Assessed Costs to compute the Canal Maintenance Services Special Assessments for Canal
Maintenance Services against Assessed Property, estimating rates of assessment, and directing
the preparation of the Assessment Roll and provision of the notice to the affected landowners;
and
WHEREAS, in order to impose the Canal Maintenance Services Special Assessment, the
Ordinance requires the City Commission to adopt an Annual Assessment Resolution, which
establishes the rate of assessment and approves the Assessment Roll for the upcoming Fiscal Year,
with such amendments as the City Commission deems appropriate, after hearing comments and
objections of all interested parties; and
WHEREAS, the Assessment Roll has heretofore been made available for inspection by the
public, as required by the Ordinance and the Preliminary Assessment Resolution; and
WHEREAS, notice of a public hearing has been published and mailed, which provided
notice to all interested persons of an opportunity to be heard. An affidavit regarding the notice
of mailing is attached hereto as Appendix A, and the proof of publication is attached hereto as
Appendix B; and
WHEREAS, a public hearing was held on September 8, 2025, and comments and
objections of all interested parties have been heard and considered.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
BEACH, FLORIDA, THAT:
SECTION 1. RECITALS. The "Whereas" clauses are hereby ratified as true and
correct, and incorporated herein.
SECTION 2. AUTHORITY. This Resolution is adopted pursuant to the provisions of
Ordinance No. 21-011, the Preliminary Assessment Resolution, Sections 166.021 and 166.041,
Florida Statutes, and other applicable provisions of law.
SECTION 3. PURPOSE. This Resolution constitutes the Annual Assessment
Resolution as defined in the Ordinance. All capitalized terms in this Resolution shall have the
meanings defined in the Ordinance and the Preliminary Assessment Resolution.
SECTION 4. IMPOSITION OF CANAL MAINTENANCE SERVICES SPECIAL
ASSESSMENT.
(A) The parcels of Assessed Property described in the Assessment Roll, as updated and
which is hereby approved, are hereby found to be specially benefitted by the provision of the
Canal Maintenance Services described in the Preliminary Assessment Resolution, in the amount
of the Canal Maintenance Services Special Assessments set forth in the Assessment Roll, as
amended, a copy of which was present or available for inspection at the above-referenced public
hearing and is incorporated herein by reference.It is hereby ascertained,determined,and declared
that each parcel of Assessed Property within the City will be specifically benefitted by the City's
provision of Canal Maintenance Services, facilities and programs in an amount not less than the
Canal Maintenance Services Special Assessments of such parcel,computed in the manner set forth
in the Preliminary Assessment Resolution, and as reflected in the amended Assessment Roll.
Adoption of this Annual Assessment Resolution constitutes a legislative determination that all
assessed parcels derive a special benefit, as set forth in the Ordinance and the Preliminary
Assessment Resolution, from the Canal Maintenance Services to be provided, and a legislative
determination that the Canal Maintenance Services Special Assessments are fairly and reasonably
apportioned among the properties that receive the special benefit as set forth in the Preliminary
Assessment Resolution.
(B) The method of computing the Canal Maintenance Services Special Assessments
described in the Preliminary Assessment Resolution, as modified, amended, and supplemented
herein, is hereby approved.
(C) For the Fiscal Year beginning October 1, 2025, the estimated Canal Maintenance
Services Assessed Costs are as follows:
1. Lake Shore Haven Canal. For the Lake Shore Haven Canal, including Canal Maintenance
Services and administrative costs allocated to the Properties in the service area, to be
assessed for the Fiscal Year commencing October 1, 2025, is $3,765.45. The estimated
Canal Maintenance Services Special Assessments to be assessed and apportioned
among benefitted parcels for the Lake Shore Haven Canal is $.70 per lineal foot, plus
$26.15 per Property.
2. Lake Eden Four Canals. For the Lake Eden Four Canals, the estimated Canal
Maintenance Services Assessed Costs for the Lake Eden Four Canals, including Canal
Maintenance Services and administrative costs allocated to the Properties in the
service area, to be assessed for the Fiscal Year commencing October 1, 2025, is
$6,045.55. The estimated Canal Maintenance Services Special Assessments to be
assessed and apportioned among benefitted parcels for the Lake Eden Four Canals is
$.70 per lineal foot, plus $26.15 per Property.
These assessment rates are hereby approved. Except as otherwise provided herein, the Canal
Maintenance Services Special Assessments for Canal Maintenance Services in the amounts set
forth in the Assessment Roll, as amended and herein approved, are hereby levied and imposed
on all parcels of Assessed Property described in the Assessment Roll.
(D) The Canal Maintenance Services Special Assessments shall constitute a lien upon the
Assessed Property so assessed equal in rank and dignity with the liens of all state, county, district,
or municipal taxes and other non-ad valorem assessments. Except as otherwise provided by law,
such lien shall be superior in dignity to all other liens, titles, and claims, until paid.
(E)The Assessment Roll, as amended and as described herein, together with the correction
of any errors or omissions as provided for in the Ordinance, is approved.
(F) The Canal Services Special Assessments shall be collected as authorized in the
Preliminary Assessment Resolution through City-issued invoices mailed to the owners of real
property on which the Canal Maintenance Special Assessments are levied.
SECTION 5. CONFIRMATION OF PRELIMINARY ASSESSMENT RESOLUTION
The Preliminary Assessment Resolution adopted on July 7, 2025, except as may be
amended herein, is hereby confirmed.
SECTION 6. EFFECT ON ADOPTION OF RESOLUTION. The adoption of this Annual
Assessment Resolution shall be the final adjudication of the issues presented (including, but not
limited to, the determination of special benefit and fair apportionment to the Assessed Property,
the method of apportionment and assessments, the rate of assessments, the Assessment Roll and
the levy and lien of the Canal Maintenance Services Special Assessments), unless proper steps
shall be initiated in a court of competent jurisdiction to secure relief within twenty (20) calendar
days from the date of this Annual Assessment Resolution.
SECTION 7. COLLECTION METHOD AND SCHEDULE. The Canal Maintenance Services
Special Assessments shall be collected through direct billing by the City as authorized in Section
23-75 of the Ordinance. The City Manager or designee shall establish appropriate billing cycles,
payment due dates, and delinquency procedures.
SECTION 8. SEVERABILITY. If any clause, section, or other part of this Resolution shall be
held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
or invalid part shall be considered as eliminated and in no way affect the validity of the other
provisions of this Resolution.
SECTION 9. CONFLICTS. All prior Resolutions or parts of resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 10. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect
immediately upon its passage and adoption.
Signatures on Following Page
PASSED AND ADOPTED this day of a, 2025.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor— Rebecca Shelton
Vice Mayor— Woodrow L. Hay ✓
Commissioner—Angela Cruz ✓
Commissioner— Thomas Turkin
Commissioner—Aimee Kelley
VOTE Lf �73
ATTEST:
c7,Y Maylee De J-sus, MPA, ►4 C Rebecca Shelton
City Clerk Mayor
APPROVED AS TO FORM:
pF BOYNT ,
(Corporate Seal) J .capec,. 0 �k ,,, /�G �
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4 Shawna G. Lamb
'NcoR�RqT� _; City Attorney
4 . 192 0.
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APPENDIX A
AFFIDAVIT OF MAILING
AFFIDAVIT OF MAILING-CANAL ASSESSMENT
STATE OF FLORIDA
COUNTY OF PALM BEACH
I,Keith Webber, being duly sworn, depose and say:
1. I am over eighteen (18) years of age and am competent to testify to the matters set forth
herein.
2. I am employed by the City of Boynton Beach, Florida, as Assistant Director of Utility
Engineering.
3. On July 28.2025, I personally mailed by First Class United States Mail,a true and correct copy
of the Notice of Canal Assessment to each property owner affected by the canal assessment
as shown on the attached mailing list,which is incorporated herein by reference.
4. Said notices were addressed to the property owners at their addresses as shown on the latest
tax roll of Palm Beach County, Florida.
5. The mailing was completed in accordance with the requirements of the Preliminary
Assessment Resolution, R25-160, adopted by the City Commission on July 7, 2025, Florida
Statutes, and Ordinance No. 21-011, the City's Canal Maintenance Services Special
Assessment Ordinance.
6. This affidavit is made for the purpose of establishing compliance with the notice
requirements for the canal assessment proceedings.
STATE OF FLORIDA)
SS:
COUNTY OF PALM BEACH)
On this)- 'day of .;66a ,2025,the foregoing instrument was acknowledged before me, by
eans of 9hysical presence or ❑ online notarization, by iri-14 U} k 17rr as
f_Ti dir ..aaa-ti �5 Eng Ince 1of the City of Boynton Beach, Florida.
Personally Known OR
O Produced Identification—Type of Identification Produced
Notary Public, State of Florida
My Commission Expires: PATRICIA A.KELLNER
k t-- 163 a°°dt 1 MY COMMISSION#41593148
�2"�'`� EXPIRES.SEP 15,2028
e1' Bonded through 1st State lesurance
APPENDIX B
PROOF OF PUBLICATION
LOCALiQ
The Gainesville Sun I The Ledger
Daily Commercial Ocala StarBanner PO Box 631244 Cincinnati,OH 45263-1244
News Chief I Herald-Tribune
News Herald I The Palm Beach Post
Northwest Florida Daily News
AFFIDAVIT OF PUBLICATION
Tammy Stanzion •N
Boynton Beach;City Of
PO BOX 310 RECEIVED
AUG 1 8 2025 4..
BOYNTON BEACH FL 33425
CITY UF f30YNTON BEACH
STATE OF WISCONSIN,COUNTY OF BROWN
•
Before the undersigned authority personally appeared,who
on oath says that he or she is the Legal Coordinator of the
Palm Beach Post,published in Palm Beach County, Florida;
that the attached copy of advertisement,being a,was
published on the publicly accessible website of Palm Beach
County,Florida,or in a newspaper by print in the issues of,
on:
08/10/2025
Affiant further says that the website or newspaper complies
with all legal requirements for publication in chapter 50,
Florida Statutes.
Subscribed and sworn to before me, by the legal clerk, who
is personally known to me, on 08/10/2025
Leg. ler n
No . S . of • , 4. :rowwnn
My commission expires
Publication Cost: $1942.85
Tax Amount: $0.00
Payment Cost: $1942.85
Order No: 11495258 #of Copies:
Customer No: 730348 1
PO#:
THIS IS NOT AN INVOICE!
Please do not use this form for payment remittance
NANCY HEYRMAN
Notary Public
State of Wisconsin Page 1 of 2
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR THE COLLECTION OF
CANAL MAINTENANCE SERVICES SPECIAL
ASSESSMENTS
Notice is hereby given that the City Commission of the City of Boynton
Beach will conduct a public hearing to consider imposing Canal Maintenance
Services Special Assessments upon properties that receive Canal Maintenance
Services along the Lake Shore Haven Canal and the Lake Eden Four Canals,
for the provision by the City of Canal Maintenance Services to such properties
within the City of Boynton Beach.
The hearing will be held at 6:00 p.m.,on September 8,2025,in City of
Boynton Beach Commission Chambers,100 East Ocean Avenue,City of Boynton
Beach, Florida, 33435 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 Commission within 20
days of this notice. If a person decides to appeal any decision made by the
City Commission with respect to any matter considered at the hearing, such
person will need a record of the proceedings and may need to ensure that a
verbatim record is made,including the testimony and evidence upon which the
appeal is to be made.In accordance with the Americans with Disabilities Act,
persons needing a special accommodation or an interpreter to participate in this
proceeding should contact the Clerk of the City at(561)742-6060,at least three
days prior to the date of the hearing.
The assessment for each parcel that receives Canal Maintenance Services
from the City will be based upon the total lineal foot along a canal receiving
Canal Maintenance Services from the City,plus administrative costs associated
with the assessment on a per Property basis.
The proposed annual assessment for Fiscal Year 2025-2026 is as follows.
the Lake Shore Haven Canal is$0.70 per lineal foot for canal maintenance costs,
plus $26.15 per Property for administrative costs. The annual assessment for
the Lake Eden Four Canals is$0.70 per lineal foot,plus$26.15 per Property for
administrative costs.
Copies of the Assessment Ordinance,the Initial Assessment Resolution,
the Preliminary Rate Resolution,and the preliminary Canal Maintenance Services
Special Assessment Roll are available for Inspection at the City Clerk's Office,
Boynton Beach City Hall, 100 East Ocean Avenue, Boynton Beach, Florida,
33435.
The assessments will be collected by the City by invoice.Failure to pay the
assessments may cause a lien to be recorded against the property,which may
result in a loss of title.
If you have any questions, please contact the Utility Department at
(561)742-6400,Monday through Friday between 8:00 a.m.and 5:00 p.m.
CITY CLERK
CITY OF BOYNTON BEACH
ASSESSED PROPERTY
Lake Shore Haven Canal Lake Eden Four Canals
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