R22-116 RESOLUTION R22- 116
A RESOLUTION 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, 2022; IMPOSING CANAL
MAINTENANCE SERVICES SPECIAL ASSESSMENTS AGAINST
ASSESSED PROPERTY LOCATED WITHIN THE CITY OF BOYNTON
BEACH FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2022;
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, 2022; and,
WHEREAS, the City Commission, on July 19, 2022, adopted Resolution No. R22-098
(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
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Canal Maintenance Services against Assessed Property, estimating a 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 a 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, 2022, 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:
SECTION 1. The aforementioned "WHEREAS" clauses are hereby ratified as true and
correct and incorporated herein.
SECTION 2. AUTHORITY. This Resolution is adopted pursuant to the provisions of
the Ordinance, the Preliminary Assessment Resolution, sections 166.021 and 166.041, Florida
Statutes, and other applicable provisions of law.
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SECTION 3. DEFINITIONS AND INTERPRETATION. 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.
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(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, 2022, 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, 2022, is
$2,762.90. The estimated Canal Maintenance Services Special Assessments to be
assessed and apportioned among benefitted parcels for the Lake Shore Haven Canal is
$0.50 per lineal foot, plus $20.66 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, 2022, is
$4,443.10. The estimated Canal Maintenance Services Special Assessments to be
assessed and apportioned among benefitted parcels for the Lake Eden Four Canals is
$0.50 per lineal foot, plus $20.66 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.
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(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 Assessment. 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 mailed invoices sent 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 July 19, 2022, 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. 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 affecting the
validity of the other provisions of this Resolution.
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SECTION 8. CONFLICTS. That all prior Resolutions or parts of resolutions in conflict
herewith, are hereby repealed to the extent of such conflict.
SECTION 9. EFFECTIVE DATE. This Annual Assessment Resolution shall take
effect immediately upon its passage and adoption.
PASSED AND ADOPTED this 22nd day of September, 2022.
CITY OF BOYNTON BEACH, FLORIDA
YE, NO
Mayor—Ty Penserga ►/ /
Vice-Mayor—Angela Cruz
Commissioner— Woodrow L. Hay
Commissioner—Thomas Turkin
47
Commissioner—Aimee Kelley
VOTE v1l
ATTEST:
' /I.. _.mss
May1e: DA esus, MP , - Ty P
City Cl-r "p`1NTDNe � Mayor
�.;A' ESL ,s i APPRO ED AS Ts • !.
(Corporate Seal) ; v �p,ZE i
��INC0R Z° •,•'
1\�•‘ FLOR\�= Michael D. Cirullo, Jr.
City Attorney
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APPENDIX A
AFFIDAVIT OF MAILING
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AFFIDAVIT OF MAILING
BEFORE ME,the undersigned authority,personally appeared Angela Prymas,who,after being duly
sworn,deposes and says:
1. I,Angela Prymas,as Engineer IV of the City of Boynton Beach,Florida("City"),pursuant to
the authority and direction received from the City Commission, timely directed the preparation of the
Assessment Roll and the preparation and mailing of notices in accordance with the Canal Maintenance
Services Special Assessment Ordinance in conformance with the Preliminary Assessment Resolution
adopted by the City Commission on July 19, 2022 (the "Preliminary Assessment Resolution"). The
Preliminary Assessment Resolution directed and authorized notice by First Class Mail to all affected owners
pursuant to the Ordinance.
FURTHER AFFIANT SAYETH NOT.
�+{ � 8(13(�a
Affiant l
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing Affidavit of Mailing was sworn to and subscribed before me this 2'5 day
of IL , 2022 by Angela Prymas, Engineer IV, City of Boynton Beach,
Florida. She i, rsonally known o me or has produced as identification
and did take an oat i.
Printed Name: 11e..d r
Notary Public,State of Florida
My Commission Expires: 0L \'Z t Z S
HowARO KERB Commission No.: IA 1 qt./
$o Pubfc•State of florWa
Commission*HH 144477
�, My Comm.Expires Oct it.2025
Bonded through National Notary Assn. I
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APPENDIX B
PROOF OF PUBLICATION
9
LOCALiQ
The Gainesville Sun I The Ledger
Daily commercial l Ocala stareanner PO Box 631244 Cincinnati,OH 45263-1244
News Chief I Herald-Tribune
News Herald I The Palm Beach Post
Northwest Florida Daily News
PROOF OF PUBLICATION
Boynton Beach;City Of
Boynton Beach;City Of
PO BOX 310
BOYNTON BEACH FL 33425
STATE OF FLORIDA,COUNTY OF PALM BEACH
The Palm Beach Post,a daily newspaper printed and published in
the city of West Palm Beach and of general circulation in Palm
Beach, Martin,Okeechobee and St Lucie Counties,Florida;and
personal knowledge of the facts herein state and that the notice
hereto annexed was Published in said newspapers in the issues
dated or by publication on the newspaper's website,if authorized,
on:
08/17/2022
and that the fees charged are legal.
Sworn to and subscribed before on 08/17/2022
) Ad7l)
Legal C
di/ 0/66610
Notary,State of WI,C tnt 3rown
1, r-a&
My commision expires
Publication Cost: $964.08
Order No: 7653556 #of Copies:
Customer No: 730348 1
PO#:
THIS IS NOT AN INVOICE!
Please do not use this form for payr hent remittance.
NICOLE JACOBS
Notary Public
State of Wisconsin
Page 1 of 1
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 p.m.,on September
8,2022,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 Americana with Disabilities Act,
persona needing a special accommodation or an interpreter
to participate in this proceeding should contact the Clerk
of the City at(561)530-5880,at least seven days prior to
the date of the hearing.The aseexament 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
coats associated with the assessment on a per Property basis.
The annual assessment for the Lake Shore Haven Canal is
$0.50 per lineal foot for canal maintenance costs,plus$20.66
per Property for administrative coats.The annual asseeament
for the Lake Eden Four Canals is$0.50 per lineal foot,plus
$20.66 per Property for administrative costs.
Copies of the Assessment Ordinance, the Initial
Assessment Resolution and the 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.
Failure to pay the assessments may cause a lien to be
recorded against the property,which may result in a lose of
title.
If you have any questions,please contact the Utility
Department at (661) 742-6400, Monday through Friday
between 8:00 a.m.and 5:00 p.m.
Maylee De Jeans,City Clerk
CITY OF BOYNTON BEACH.
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LEGEND
'T }':1 '' r . 4 MAINTENANCE AREA
a, 1 ,. AQUATIC M
i .. �J AREAS SUBJECT TO THE ASSESSMENT
/ `1111 - ,
- ‘ :. PARCEL&STREET NUMBER
rap Created By:Greg Owens
Date`:J 1st,2021 `