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HomeMy WebLinkAboutR26-154 RESOLUTION NO. R26-154 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, 2026; IMPOSING CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF BOYNTON BEACH FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2026; PROVIDING FOR SEVERABILITY; 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, 2026; and WHEREAS, the City Commission, on June 30, 2026, adopted Resolution No. R26-111 (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, RESOLUTION NO. R26-154 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, 2026, 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 RESOLUTION NO. R26-154 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, 2026, 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, 2026, 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 $0.70 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, 2026, 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 $0.70 per lineal foot, plus $26.15 per Property. RESOLUTION NO. R26-154 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 June 30, 2026, 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. (A) The Canal Maintenance Services Special Assessments shall be collected through direct billing by the City as authorized in Section 23-75 of the Ordinance. (B) The Canal Maintenance Services Special Assessment will be billed annually on a date determined by the City Manager or designee for the Fiscal Year beginning October 1, 2026. RESOLUTION NO. R26-154 (C) The billing shall include a statement that the Canal Maintenance Services Special Assessment will become delinquent if not paid within thirty (30) days from the billing date. (D) A delinquent Canal Maintenance Services Special Assessment shall accrue interest at the maximum rate permitted by law. (E) Constitute a lien against the property if not paid within ten (10) days after becoming delinquent. 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 RESOLUTION NO. R26-154 PASSED AND ADOPTED this S day of_SP Q r',1E1P.v2026. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor— Rebecca Shelton ✓ Vice Mayor—Thomas Turkin Commissioner—Angela Cruz Commissioner— Mack McCray Commissioner—Aimee Kelley ✓ VOTE 5 -o ATTEST: .1/.// 4111t, if(/ Tammy Stan lone Rebecca Shelton City Clerk Mayor APPROVED AS TO FORM: gOY N ro,IN (Corporate Sed` ��c�RPORgrF:��'�� SEAL :_ , 49V276 : INCORPORATED: S Shawna G. Lamb • ta 1920 1 ' City Attorney 1ttt LORIDP= RESOLUTION NO. R26-154 APPENDIX A AFFIDAVIT OF MAILING AFFIDAVIT OF MAILING-CANAL ASSESSMENT STATE OF FLORIDA COUNTY OF PALM BEACH I,Poonam Kalkat, 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 Utilities Director, 3. On July 24,2026, 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, R26-111, adopted by the City Commission on June 30,2026, 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. \k,/ „- STATE OF FLORIDA) SS: COUNTY OF PALM BEACH) On this day of , 2026,the foregoing instrument was acknowledged before me, by means of P r •hysical presence or ❑ online notarization, by K-aJ'Z.t as +_ if the City of Boynton Beach, Florida, personally Known OR ❑ Produced Identification—Type of Identification Produced 441,:oY' PATRICIA A.KELLNER Q±n MY COMMISSION#HH593148 T —`J tea'-' EXPIRES:SEP 15,2028 Notary Public, State of Florida "` Bonded through 1st State Insurance My Commission Expires: RESOLUTION NO. R26-154 APPENDIX B PROOF OF PUBLICATION AFFIDAVIT OF POSTING-CANAL ASSESSMENT STATE OF FLORIDA COUNTY OF PALM BEACH I, �c� .r•�,r,er;`�4�,rj;.c�...Q, , 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 C.3y C_\Qb- '. 3. On \S , 2026, I personally posted, a true and correct copy of the Notice of Canal Assessment on the City's Public Notices Website. 4. The posting was completed in accordance with the requirements of the Preliminary Assessment Resolution, R26- 11\ , adopted by the City Commission on June 30, 2026, Florida Statutes, and Ordinance No. 21-011,the City's Canal Maintenance Services Special Assessment Ordinance. 5. This affidavit is made for the purpose of establishing compliance with the notice requirements for the canal assessment proceedings. fAJ) ,Ci-'nfJrn-Q(cS STATE OF FLORIDA) SS: COUNTY OF PALM BEACH) On this 1 day of J , 2026,the foregoing instrument was_vknowledgeed before me, by means Apif E physical presence or online notarization, by 61r11\\J (S1Un2,Dr\e as C \er 1: of the City of Boynton Beach, Florida, EPersonally Known OR ❑ Produced Identification-Type of Identification Produced ifibilArv — Notar Public, State of Florida My Commission Expires: Yp�, KEYSIERA DELORMF _�°r. *;Notary Public-State of Florida Commission#HH 320719 =?�rIlr'oc My Commission Expires �Oi`0p� October 10,2026 Boynton Beach Legal Notice 07/15/2026 10:53 AM(EDT) Submitted by Tammy Stanzione(stanzionet@bbfl.us) 01 0t 8 7 V _,,AliCtz Ta N f5 Boynton Beach Legal Notice Please choose a category Notice of Hearing - Boynton Beach Title NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENTS Publish Date 07/15/2026 Publish Time 10:50 AM (EDT) Description NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR 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 pm, on September 8, 2026, in the 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 2026-2027 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. Submission ID:10818b48-9004-47a1-9ca7-3e6eb190deda Page 1/2 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 result in a lien being 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 am and 5:00 pm. ASSESSED PROPERTY MAP-SEE ATTACHMENT CITY CLERK CITY OF BOYNTON BEACH. Attach Files(Optional) J Canal Maintenance Assessment Notice of Publication - FY2026-2027-Final.pdf Submitted by(Email Address) stanzionet@bbfl.us Notifications No Signature "t04/4) + O h1r _ Submission ID 106f8b48-9004-47a1-9ca7-3e6eb190deda Page 2/2