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 _...,