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R23-110 RESOLUTION NO. R23-110 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, 2023; IMPOSING CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF BOYNTON BEACH FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2023; 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, 2023; and, WHEREAS, the City Commission, on July 13, 2023, adopted Resolution No. R23-083 (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 1 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 5, 2023, 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. 2 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. 3 (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, 2023, 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, 2023, 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, 2023, 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. 4 (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 13, 2023, 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. 5 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 5th day of September,2023. CITY OF BOYNTON BEACH,FLORIDA YNO Mayor—Ty Penserga �/ES Vice-Mayor—Thomas Turkin -q'jstri Commissioner—Angela Cruz `/ Commissioner—Woodrow L. Hay Commissioner—Aimee Kelley VOTE +'° ATT ST: 1 Oa i Maylee Desus, MP' , MMC Ty ••�" ' City Cler Mayor yNI ON.eFq`% AP' 'OVED AS TO FORM: (Corporate Seal) ,,<t,•QORArE ••.•��,1It 0:(-) -,C, N. ..9.. l C )*--C i+v:•. NCP p�20 ,0 David N. Tolces s .•.•, •.....c) ; Interim City Attorney 6 APPENDIX A AFFIDAVIT OF MAILING 7 AFFIDAVIT OF MAILING BEFORE ME,the undersigned authority, personally appeared Angela Prymas,who,after being duly sworn, deposes and says: 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 R23-083 adopted by the City Commission on 13th July, 2023 (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. Affiant STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing Affidavit of Mailing was sworn to and subscribed before me this''= day of L) ,2023by Angela Prymas, Engineer IV, City of Boynton Beach, Florida. She isCersonally known to m r has produced as identification and did take an oath. Printed Name:l ' e/VW-X -Ct 0L(t' MICHELLE CZECHOLINSKI Sr, MY COMMISSION#HH254690 Notary Public, State of Florida MIRES:APR tat 2026 r a 1 n� a� Banded throuptl1St 8tatelmuranoa My Commission Expires: � 1... (� [ Commission No.: -{12..Sq(69 0 AFFIDAVIT OF MAILING UPDATED LETTERS BEFORE ME, the undersigned authority, personally appeared Angela Prymas, who, after being duly sworn, deposes and says: 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 REVISED notices (ONLY CLARIFYING METHOD FOR COLLECTION WILL BE BY CITY ISSUED INVOICE) in accordance with the Canal Maintenance Services Special Assessment Ordinance in conformance with the Preliminary Assessment Resolution R23-083 adopted by the City Commission on July 13th, 2023 (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. ry-r-o✓� Affiant STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing Affidavit of Mailing was sworn to and subscribed before me thisc_' day of U 15 2023by Angela Prymas, Engineer IV, City of Boynton Beach, Florida. She is sersonally known�1ne or has produced as identification an. • • take an oath;- Printed Name ‘55-0L- • --C1.06 '" MELISSA M ROBERTS Notary Public, State of Florida 1 *Notary Public,State Of Florida /+/)`) , CommicsionNo.HH113718 My Commission Expires: /�-1 I My Commission Expires:4/5/2025 Commission No.: ILII APPENDIX B PROOF OF PUBLICATION 8 LOCALIO The Gainesville Sun I The Ledger Daily Commercial I 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 PROOF OF PUBLICATION Boynton Beach;City Of Boynton Beach;City Of PO BOX 310 BOYNTON BEACH FL 33425 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 Main Legal CLEGL,was published on the publicly accessible website of Palm Beach County, Florida, or in a newspaper by print in the issues of,on: 08/14/2023 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 08/14/2023 :l Legal Clerk di& ..4 Atia1 Notary,State ' , •ounty i f.rown My commision expires Publication Cost: $862.60 Order No: 9155294 #of Copies: Customer No: 730348 1 PO#: Canal Maintenance Assesme THIS IS NOT AN INVOICE! Please do not use this form for payment remittance. • VICKY FELTY Notary Public State of Wisconsin Page 1 of 2 NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF CANAL MAINTENANCE SERVICES SPECIAL ASSESSM ENTS 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) 742-6060, 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. 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) 742-6060, Monday through Friday between 8:00 a.m.and 5:00 p.m. MAYLEE DE JESUS, MMC CITY CLERK CITY OF BOYNTON BEACH :fp.t. _. ...e it„--- .-; ''',. ...;---1:::..,.. .r-1.,,-..---. ., :,,.... :,..1:;,-.1' .- 1.--;:.1:1:7:::-.'1:::' ._,T:.-, Y.: ,1 . I:1.:7-1:} i' -..'1..k4..-;:• ' ":":1-111-, 1::1-'7,44. . ,C2M-- �!% �:5. -.fC1',„ .-• -. , ,,a_.lt,„'. ;Ta 'fit 1,,,,? % .4.....-. -t, ._____—...r,.7 .i laau § / / •✓i ; \1Aii1 ',it _...,