R23-083 1
2 RESOLUTION R23-083
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
5 RELATING TO THE PROVISION OF CANAL MAINTENANCE
6 SERVICES IN THE CITY OF BOYNTON BEACH, FLORIDA;
7 PROVIDING FOR PURPOSE AND DEFINITIONS; PROVIDING FOR
8 LEGISLATIVE DETERMINATIONS; ESTABLISHING THE
9 ESTIMATED RATE FOR THE CANAL MAINTENANCE SERVICES
10 SPECIAL ASSESSMENTS FOR THE FISCAL YEAR BEGINNING
11 OCTOBER 1, 2023; DIRECTING THE PREPARATION OF A CANAL
12 MAINTENANCE SERVICES SPECIAL ASSESSMENT ROLL;
13 AUTHORIZING A PUBLIC HEARING AND DIRECTING THE
14 PROVISION OF NOTICE THEREOF; AND PROVIDING AN
15 EFFECTIVE DATE.
16
17 WHEREAS, City of Boynton Beach Ordinance No. 21-011, adopted on April 20, 2021,
18 provides for the home rule authority of the City to impose Canal Maintenance Services Special
19 Assessments against property located within the City that receive Canal Maintenance Services
20 from the City, and provides findings of special benefit to real property as a result of such
21 services; and,
22
23 WHEREAS, the City believes it is in the best interests of the property owners of
24 properties receiving Canal Maintenance Services provided by the City to collect funds for the
25 costs of such services through the levy and collection of a special assessment, as such will permit
26 the payment for the services and ensure that all properties that receive Canal Maintenance
27 Services from the City pay for such; and,
28
29 WHEREAS, Canal Maintenance Services provided by the City as defined hereinafter
30 provide the requisite special benefit to Assessed Property such that they may be funded through a
31 special assessment; and,
32
33 WHEREAS, City Administration has reviewed the budget for Canal Maintenance
34 Services to ensure that the Canal Maintenance Services Special Assessment meets the legal
35 requirements for special benefit and fair apportionment; and,
36
37 WHEREAS, the City Commission determines that it is fair and equitable to levy and
38 collect a non-ad valorem special assessment to fund the Canal Maintenance Services provided by
39 the City through its Contract, consistent with the methodology and allocation as provided
40 hereinafter.
41
42 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
43 CITY OF BOYNTON BEACH,FLORIDA:
44
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45 SECTION 1. RECITALS. The foregoing "WHEREAS" clauses are hereby ratified
46 and confirmed by the City Commission and incorporated herein by this reference.
47 SECTION 2. AUTHORITY. This Resolution is adopted pursuant to the provisions of
48 Ordinance No. 21-011, Sections 166.021 and 166.041, Florida Statutes, and other applicable
49 provisions of law.
50 SECTION 3. PURPOSE. This Resolution constitutes the Preliminary Assessment
51 Resolution as defined in the Ordinance 21-011 which initiates the process for developing the
52 Canal Maintenance Services Special Assessment Roll and directs the imposition of a Canal
53 Maintenance Services Special Assessment as described hereinafter, for the Fiscal Year beginning
54 October 1, 2023. Its purpose is to provide procedures and standards for the levy and collection
55 of a Canal Maintenance Services Special Assessment for all Assessed Properties that receive
56 Canal Maintenance Services under the general home rule powers of a municipality to impose
57 special assessments, and to authorize a procedure for the funding of Canal Maintenance Services
58 providing special benefits to Assessed Properties within the City.
59 SECTION 4. DEFINITIONS. All capitalized words and terms not otherwise
60 defined herein shall have the meanings set forth in Ordinance 21-011. Unless the context
61 indicates otherwise, words imparting the singular number, include the plural number, and vice
62 versa. As used in this Resolution, the following terms shall have the following meanings unless
63 the context hereof otherwise requires:
64 "Assessed Property" means all property along the Lake Shore Haven Canal and the
65 Lake Eden Four Canals that receive Canal Maintenance Services provided by the City, as
66 described in Appendix"A".
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67 "Assessment Coordinator" means the person designated by the City to administer the
68 City's Canal Maintenance Services, or such person's designee.
69 "Cost Apportionment" means the apportionment of the Canal Maintenance Services
70 Assessed Cost among all Assessed Properties that receive Canal Maintenance Services pursuant
71 to the apportionment methodology described in Section 8 of this Preliminary Assessment
72 Resolution.
73 "Estimated Canal Maintenance Services Special Assessment Rate Schedule" means
74 that rate schedule attached hereto as Appendix "B" and hereby incorporated herein by reference,
75 specifying the Canal Maintenance Services Assessed Costs determined in Section 9 of this
76 Preliminary Assessment Resolution and the estimated Canal Maintenance Services Special
77 Assessment Rates established in Section 9 of this Preliminary Assessment Resolution.
78 "Ordinance" means the Canal Maintenance Special Assessment Ordinance, Ordinance
79 21-011, codified as Chapter 23, Article VI of the City's Code of Ordinances, as amended from
80 time to time.
81 "Property" means those Tax Parcels receive Canal Maintenance Services by the City.
82 "Tax Parcel" means a parcel of property located within the City to which the Property
83 Appraiser has assigned a distinct ad valorem property tax identification number.
84 SECTION 5. PROVISION AND FUNDING OF CANAL MAINTENANCE
85 SERVICES.
86 (A)Upon the imposition of the Canal Maintenance Services Special Assessment for
87 Canal Maintenance Services upon Assessed Property, the City shall provide Canal
88 Maintenance Services to such Assessed Property. Canal Maintenance Services means
89 services provided by the City, such as de-weeding and similar actions such as aquatic
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90 weed eradication through safe herbicide spraying, but not dredging, to prevent the
91 canals from becoming clogged with vegetation, allow for vessel movement, eliminate
92 obstruction to the free-flow of storm water runoff, and reduce health and safety risks
93 associated with the proliferation of unwanted invasive aquatic vegetation. The cost
94 to provide such Canal Maintenance Services to Assessed Properties, as described
95 herein, shall be funded from the proceeds of the Canal Maintenance Services Special
96 Assessment.
97 (B) It is hereby ascertained, determined, and declared that each parcel of Assessed
98 Property will be benefited by the City's provision of Canal Maintenance Services in
99 an amount not less than the Canal Maintenance Services Special Assessment imposed
100 against such parcel, computed in the manner set forth in this Preliminary Assessment
101 Resolution. The legislative findings of special benefit in the Ordinance are
102 incorporated herein.
103 SECTION 6. IMPOSITION AND COMPUTATION OF CANAL MAINTENANCE
104 SERVICES SPECIAL ASSESSMENTS. Canal Maintenance Services Special Assessments
105 shall be imposed against all Assessed Properties that receive Canal Maintenance Services, as
106 provided herein. The Cost Apportionment described herein is approved and adopted as the
107 methodology to impose and compute the Canal Maintenance Services Special Assessment.
108 SECTION 7. LEGISLATIVE DETERMINATIONS OF AUTHORITY, SPECIAL
109 BENEFIT AND FAIR APPORTIONMENT. The City Commission incorporates and adopts the
110 legislative findings relating to special benefit within the Ordinance, and makes the following
111 legislative findings as to fair apportionment.
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112 7.1 The Canal Maintenance Services Special Assessments to be imposed pursuant to
113 this Resolution shall constitute non-ad valorem assessments within the meaning and intent of the
114 Uniform Assessment Collection Act.
115 7.2 The lineal frontage of real property along a canal receiving Canal Maintenance
116 Services correlates with the benefit received by a Property, as the Canal Maintenance Services
117 eradicates weeds and other growths in the canal, with the more lineal feet of a Property meaning
118 more volume of eradicated weeds and other growths, more area for improved vessel movement,
119 and better storm water runoff from the Property. The potential demand for Canal Maintenance
120 Services is driven by the property being adjacent to a canal receiving Canal Maintenance
121 Services, and the length of its lineal frontage along the canal. Thus, it is fair and reasonable to
122 apportion the costs of Canal Maintenance Services on a per lineal foot basis, corresponding with
123 the canal receiving Canal Maintenance Services.
124 7.3 Apportioning the costs of Canal Maintenance Services attributable to Assessed
125 Properties on a per lineal foot basis is required to avoid cost inefficiency and unnecessary
126 administration,and is a fair and reasonable method.
127 7.4 In addition to the costs of the Canal Maintenance Services, there are administrative
128 costs associated with levying the assessment, such as costs of published notice, mailed notice, and
129 invoicing and collecting the Canal Maintenance Services Special Assessment. These costs do not
130 correlate to a per lineal basis, as the costs are the same per Property regardless of the per lineal
131 footage on such Property. As a result, the administrative costs are apportioned on a per Property
132 basis,with each Property subject to the special assessment being charged the same amount.
133 SECTION 8. COST APPORTIONMENT METHODOLOGY. The Canal
134 Maintenance Services Assessed Costs are being collected for Canal Maintenance Services for
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135 two service areas in the City: (1) Lake Shore Haven Canal; and, (2) Lake Eden Four Canals,
136 both as described in Appendix "A". The portion of the Canal Maintenance Assessed Costs for
137 Canal Maintenance Services is calculated for each of the two service areas separately. The Canal
138 Maintenance Assessed Costs for each of the service areas includes the costs associated with the
139 Canal Maintenance Services for such service area. The portion of the Assessment Amount for
140 Canal Maintenance Services is then calculated by taking the portion of the Assessed Costs for
141 Canal Maintenance Services within that service area, and dividing it by the total lineal footage of
142 Assessed Properties along the canals within a service area receiving Canal Maintenance
143 Services, to yield a per lineal foot rate for the service area. The lineal footage of a Property in a
144 service area is then multiplied by the lineal foot rate applicable to that same service area,to result
145 in Assessed Costs for Canal Maintenance Services applicable to the Property. The total
146 Administrative Costs for the Canal Maintenance Services Special Assessment is calculated, then
147 divided by the number of Properties subject to the Canal Maintenance Services Special
148 Assessment, with each being charged the same amount for the administrative costs. The
149 Assessment Amount per Property is the sum of the per lineal charge for Canal Maintenance
150 Services for such Property calculated as described herein and the administrative costs allocated
151 on a per Property basis.
152 SECTION 9. DETERMINATION OF CANAL MAINTENANCE COLLECTION
153 ASSESSED COSTS; ESTABLISHMENT OF ANNUAL CANAL MAINTENANCE
154 COLLECTION ASSESSMENT RATES.
155 (A) The Canal Maintenance Collection Service Assessed Costs to be assessed and
156 apportioned among Assessed Properties pursuant to the Cost Apportionment for the Fiscal Year
157 commencing October 1, 2023, is the amount determined in the manner described in Section 8
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158 above. The Estimated Canal Maintenance Services Special Assessment Rate Schedule is attached
159 hereto as Appendix B. The approval of the Estimated Canal Maintenance Services Special
160 Assessment Rate Schedule by the adoption of this Preliminary Assessment Resolution determines
161 the amount of the Canal Maintenance Services Assessed Costs.
162 (B) The estimated Canal Maintenance Services Special Assessments specified in the
163 Estimated Canal Maintenance Services Special Assessment Rate Schedule are hereby established to
164 fund the Canal Maintenance Services Assessed Costs determined to be assessed in the Fiscal Year
165 commencing October 1,2023.
166 (C) The estimated Canal Maintenance Services Special Assessments established in this
167 Preliminary Assessment Resolution shall be the estimated assessment rates applied by the
168 Assessment Coordinator in the preparation of the updated Canal Maintenance Services Special
169 Assessment Roll for the Fiscal Year commencing October 1,2023,as provided in Section 10 of this
170 Preliminary Assessment Resolution.
171 SECTION 10. ANNUAL CANAL MAINTENANCE SERVICES SPECIAL
172 ASSESSMENT ROLL.
173 (A) The Assessment Coordinator is hereby directed to prepare, or cause to be prepared, a
174 Canal Maintenance Services Special Assessment Roll for the Fiscal Year commencing October 1,
175 2023, in the manner provided in this Preliminary Assessment Resolution. The Assessment
176 Coordinator shall apportion the estimated Canal Maintenance Collection Service Assessed Cost to
177 be recovered through Canal Maintenance Services Special Assessments in the manner set forth in
178 this Preliminary Assessment Resolution. A copy of this Preliminary Assessment Resolution, the
179 Ordinance,and the Canal Maintenance Services Special Assessment Roll shall be maintained on file
180 in the office of the City Clerk and open to public inspection. The foregoing shall not be construed to
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181 require that the Canal Maintenance Services Special Assessment Roll proposed for the Fiscal Year
182 commencing October 1, 2023 be in printed form if the amount of the Canal Maintenance Services
183 Special Assessment for each parcel of property can be determined by the use of a computer terminal
184 available to the public.
185 (B) It is hereby ascertained, determined, and declared that the method of determining the
186 Canal Maintenance Services Special Assessments for the City's Canal Maintenance Services as set
187 forth in this Preliminary Assessment Resolution is a fair and reasonable method of apportioning the
188 Canal Maintenance Services Assessed Cost among parcels of Assessed Property located within the
189 City, as the methodology and apportionment assures that no property is assessed an amount greater
190 than the benefit which it receives from the Canal Maintenance Services provided by the City
191 through its Contract.
192 SECTION 11.AUTHORIZATION OF PUBLIC HEARING. There is hereby
193 established a public hearing to be held at 6:00 p.m., on September 5, 2023, in City of Boynton
194 Beach Commission Chambers, 100 East Ocean Avenue, Boynton Beach, Florida, 33435, at
195 which time the City Commission will receive and consider any comments on the Canal
196 Maintenance Services Special Assessment from the public and affected property owners and
197 consider imposing the Canal Maintenance Services Special Assessment.
198
199 SECTION 12. NOTICE BY PUBLICATION. The Assessment Coordinator shall
200 publish notice of the public hearing authorized by Section 11 hereof, in the manner and time
201 provided within the Ordinance. The notice shall be published no later than August 16, 2023, in
202 substantially the form attached hereto as Appendix C.
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203 SECTION 13. NOTICE BY MAIL. The Assessment Coordinator shall also ensure timely
204 notice by mail, in the manner and time provided within the Ordinance. The notice shall be
205 mailed no later than August 16, 2023, in substantially the form attached hereto as Appendix D.
206 SECTION 14. PROOF OF NOTICE. The Assessment Coordinator may provide proof
207 of such notice by affidavit, if any is required pursuant to the Ordinance or Resolution.
208 SECTION 15. COLLECTION. Pursuant to the authority of Section 23-75 of
209 the Ordinance, the City Commission authorizes the collection of the Canal Maintenance Special
210 for the 2023-2024 Fiscal Year through mailed invoices sent to the owners of real property on
211 which the Canal Maintenance Special Assessment is levied.
212 SECTION 16. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds derived
213 by the City from the Canal Maintenance Services Special Assessments will be utilized for the
214 provision of Canal Maintenance Services, facilities, and programs by the City, through its
215 Contract, as described herein.
216 SECTION 17. CONFLICT. All resolutions or parts of resolutions in conflict herewith
217 are hereby repealed to the extent of such conflict.
218 SECTION 18. SEVERABILITY. If any clause, section, other part or application of
219 this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in
220 part or application, it shall not affect the validity of the remaining portions or applications of this
221 Resolution.
222
223
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224 SECTION 19. EFFECTIVE DATE. This Preliminary Assessment Resolution shall
225 take effect immediately upon its passage and adoption.
226 -01
227 PASSED AND ADOPTED this Iv day of July,2023.
228
229 CITY OF BOYNTON BEACH, FLORIDA
230
231 YES NO
232 Mayor—Ty Penserga 1PA,Se —
233
234 Vice Mayor—Thomas Turkin ✓
235
236 Commissioner—Angela Cruz
237
238 Commissioner—Woodrow L. Hay
239
240 Commissioner—Aimee Kelley
241
242 VOTE y -0
243
244
245 AT '
246
247 A 11
248 Maylee sus, T'A, . C Ty P
249 City Cle Mayor
250
251 - ""`�.� AP' `lo, D A "P FO'
252 (Corporate Seal) =�O�NTON6'(<0‘,� /
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253
254 S of SEAL •�Z1,,S Michael D. Cirullo, Jr.
255 1, 0: 1NcoRpoRATE0 ; City Attorney
256 to . 1920 .
257 '�,
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100569045.1306-9905552; Page 10 of 10
APPENDIX A
ASSESSED PROPERTY
LAKE SHORE HAVEN CANAL
LAKE EDEN FOUR CANALS
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LEGEND
cb `'.. "' . AQUATIC MAINTENANCE AREA
J . J` II AREAS SUBJECT To THE ASSESSMENT •'
PARCEL&STREET NUMBER
f
Map Created ByGreg Owens
Date.:Jule-ist,2021
APPENDIX B
ESTIMATED CANAL MAINTENANCE SERVICES
ASSESSMENT RATE SCHEDULE
SECTION A-1 DETERMINATION OF CANAL MAINTENANCE SERVICES ASSESSED COSTS.
1. Lake Shore Haven Canal: The estimated Canal Maintenance Services Assessed Costs 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,
2023, is $2,762.90.
2. 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,
2023, is $4,443.10.
SECTION A-2 ESTIMATED CANAL MAINTENANCE SERVICES ASSESSMENTS. The estimated Canal
Maintenance Services Special Assessments to be assessed and apportioned among benefitted parcels
pursuant to the Cost Apportionment Methodology to generate the estimated Canal Maintenance
Services Assessed Cost for the Fiscal Year commencing October 1, 2023, are hereby established as
follows for the purpose of this Preliminary Assessment Resolution:
1. Lake Shore Haven Canal: $0.50 per lineal foot, plus$20.66 per Property
2. Lake Eden Four Canals: $0.50 per lineal foot, plus$20.66 per Property
100569045 306-9905552)
APPENDIX C
FORM OF NOTICE TO BE PUBLISHED
To be published no later than August 16,2023
INSERT MAP OF LAKE SHORE HAVEN AND LAKE EDEN FOUR CANALS AREA
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 5, 2023, 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) 530-5880, at least seven 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.
j00569045.I 306-9905552]
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 costs. The annual assessment 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 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.
(00569045.1306-9905552
APPENDIX D
FORM OF MAILED NOTICE
USE SEPARATE FORM FOR EACH SERVICE AREA
LAKE SHORE HAVEN CANAL
LAKE EDEN FOUR CANALS
[INSERT DATE], 2023
[Name]
[Address]
Boynton Beach, Florida 33470
RE: Tax Parcel#
CITY OF BOYNTON BEACH,FLORIDA
NOTICE OF HEARING TO IMPOSE AND PROVIDE
FOR CANAL MAINTENANCE SERVICES-NON-AD VALOREM ASSESSMENTS
Dear Property Owner:
As required by Section 197.3632, Florida Statutes, and City of Boynton Beach Ordinance No. 21-
011, notice is given by the City of Boynton Beach that a special assessment for Canal Maintenance
Services using the tax bill collection method may be levied by the City of Boynton Beach on your
property for the fiscal year October 1, 2023 -September 30, 2024.
The purpose of this assessment is to collect the Canal Maintenance Services Special Assessment
benefiting property receiving Canal Maintenance Services along the Lake Shore Haven Canal and the
Lake Eden Four Canals, located within the City of Boynton Beach. Your Property is within the [Lake
Shore Haven Canal/Lake Eden Four Canals] area. The total Canal Maintenance Services Special
Assessment revenue to be collected within [Lake Shore Haven Canal/Lake Eden Four Canals] of the City
of Boynton Beach is $ . The portion of the Special Assessment for Canal Maintenance Services
is based on the lineal footage of your property along a canal that receives Canal Maintenance Services.
The special assessment within the [Lake Shore Haven Canal/Lake Eden Four Canals] area for Canal
Maintenance Services is $_ per lineal foot. Your property has lineal feet. In addition, each
property is charged a flat amount for administrative costs associated with the special assessment. The
administrative charges equal$20.66 per Property.
The total special assessment for your property is $ [add per lineal for the Property+administrative
cost for the Property].
A public hearing will be held at 6:00 p.m. on September 5, 2023, in City of Boynton Beach
Commission Chambers, 100 East Ocean Avenue, Boynton Beach, Florida 33435, for the purpose of
receiving public comment on the proposed assessment. You and all other affected property owners
have a right to appear at the hearing and to file written objections with the City Commission within 20
(00569045 1 306-9905552(
days of this notice. If you decide to appeal any decision made by the City Commission with respect to
any matter considered at the hearing,you 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 City Clerk's Office
at(561)742-6060, at least three days prior to the date of the hearing.
Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20
days from the date of City Commission action at the above hearing (including the method of
apportionment,the rate of assessment and the imposition of assessments),such action shall be the final
adjudication of the issues presented.
Copies of the Canal Maintenance Services Special Assessment Ordinance, the Preliminary
Assessment Resolution, and the assessment roll are available for inspection at Boynton Beach City Hall -
City Clerk's Office, 100 East Ocean Avenue, Boynton Beach, Florida 33435.
The Canal Maintenance Services non-ad valorem assessment amount shown on this notice for
the above parcel will be collected by the City through an invoice sent to the property owners. Failure to
pay the special assessment may result in a lien against your property,which may result in loss of title.
If you have any questions regarding your Canal Maintenance Services Special Assessment, please
contact the Utility Department at (561) 742-6400, Monday through Friday between 8:00 a.m. and 5:00
p.m.
* * * * * THIS IS NOTA BILL * * * * *
(00569045.1306-9905552