19-026 ORDINANCE NO. 19-0261
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AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING ORDINANCE 05-061,
RELATED TO THE QUANTUM PARK OVERLAY
► DEPENDENT DISTRICT; PROVIDING FOR
AMENDMENTS TO THE PURPOSE, GENERAL
POWERS AND DUTIES OF THE QUANTUM PARK
OVERLAY DEPENDENT DISTRICT; PROVIDING FOR
1 CONFLICTS; PROVIDING FOR SEVERABILITY AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 5, 2005, the City adopted Ordinance 05-061, which
' established the Quantum Park Overlay pependent District(District); and
• WHEREAS, Ordinance 05-061, provides that the purpose and general powers of the
District are to fund, plan, establish, expand, operate, preserve and maintain certain public
: infrastructure located within the stated boundaries of the District; and
WHEREAS, .;omments have been solicited from the appropriate City Departments,
• and public hearings have been held before the City Commission on the proposed changes to
• P the District and its purpose, general powers and duties; and
WHEREAS, the City has determined that it is in the best interest of the citizens of
► Boynton Beach to revise Ordinance 05-061, in order to better align the purpose, general
• powers and duties of the District with the City's vision for the area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
P• . THE CITY OF'BOYNTON BEACH,FLORIDA THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
P herein by this reference.
Section 2. City of Boynton Beach Ordinance 05-061, is hereby amended as
► follows:
I Note: Underlined words constitute additions while strikethrettgli-constitutes deletions,
: and asterisks (***) indicate an omission from the existing text which is intended to remain
unchanged.
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Section 5. Purpose
As amended on second.reading
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• From the Effective Date of this Ordinance, it shall be the ale-purpose of the Quantum Park
• Overlay Dependent District to retire the outstanding debt of the District,develop and maintain
• park areas; levy the non-ad valorem assessments necessary to retire the outstanding debt;
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11 transfer and/dispose of any and all assets and real property interests of the District to the City.,
• engage in such activities and complete such statutory requirements or formalities as are
• necessary to fully sunset the District on a date or before September 30, 20228, or on such
• earlier date as determined by the City of Boynton Beach through the adoption of a Resolution
• setting forth same.
Section 6. Board of Supervisors; Members, Election of Members, and Meetings.
• The District Board shall exercise the powers granted to the District pursuant to this Ordinance.
' " The District Board shall consist of the five members of the City Commission. Except as
it - -• - - •• Each member shall hold office • . - -- . . - until
a successor is elected - . . "r'he members of the District Board must be
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than 28 c • - - ,
(b) At such meetii b, •. _ . •- , • _ ' _. -. •_ - _ . . • _ •
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to serve for a 2 year term.
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' City.
' ! (3) A majority of the members of the District Board constitutes a quorum for the purposes
111 of conducting its business and exercising its powers and for all other purposes. Action taken
11 by the District shall be upon a vote of a majority of the members present unless general law
11 ' or a rule of the District requires a greater number.
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14 (4) The Mayor of the City will be the Chair of the Board.The Vice Mayor of the City will
1 be the Vice-Chair of the Board. • : •.• : . .- '-.• • - - - - - •--- • • - - , --
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1 1 (5) The District Board shall keep a permanent record book entitled "Record of
1 Proceedings of Quantum Park Overlay Dependent District," in which shall be recorded
1 ' minutes of all meetings, resolutions,proceedings, certificates, bonds given by all employees,
1 ; and any and all corporate acts. The record book shall at reasonable times be opened to
1 inspection in the same manner as state,county,and municipal records pursuant to chapter 119.
1 The record book shall be kept at the office or other regular place of business maintained by
1 i the District Board in Palm Beach County.
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1 - ; (7) All meetings of the District Board shall be open to the public and governed by the
1 - ' provisions of chapter 286.
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1 . : Section 11. • • -- • -• • • '-••• •- - - .
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1 ' ' with s. 215.81, mature at such time or times not later than 5 years from the date of issuance,
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1 ''! notes may be sold at either public or private sale or, if such notes shall be renewal notes, may
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1' Such notes shall be paid from the proceeds of such bonds when issued. The District Board
1' ' may, in its discretion, in lieu of retiring the notes by means of bonds, retire them by means of
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1' Section 12.
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1' '! The District at any time may obtain loans, in such amount and on such terms and conditions
1 " or any costs incurred or that may be incurred in connection with any of the projects of the
1 ' District, which loans shall bear such interest as the District Board may determine in
1 ' ; compliance with s. 215.84, and may be payable from and secured by a pledge of such funds,
1 '• revenues, taxes, and assessments as the District Board may determine, subject, however, to
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1 ' 11 . - - • .. . . _ - . • .. .. - . _ . h costs and expenses, the District may
1 ' ' issue negotiable notes, warrants, or other evidences of debt to be payable at such times, to
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140 terms as the District Board may deem advisable. The District Board shall—have ght to
1 i .' taxes, and assessments of the District. The approval of the electors residing in the District
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1 : • Section 13. Bonds
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1 11 ' Section 190.016(1) through 190.016(15) F.S. as amended and supplemented is hereby
111 : incorporated by reference.
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1 II Section 14. Trust agreements
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1 Any issue of bonds shall be secured by a trust agreement by and between the District and a
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1 the District and may contain such provisions for protecting and enforcing the rights and
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1 • Section 15. Taxes; non-ad valorem assessments
1 • i,
1 • ' (1) AD VALOREM TAXES.--The District shall not have the power to levy and assess ad
1 • valorem taxes.
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21 (2) BENEFIT SPECIAL ASSESSMENTS.--The District Board shall annually determine,
21 order,and levy the annual installment of the total benefit special assessments for bonds issued
21 ' and related expenses to finance District facilities and projects which are levied under this
21 Ordinance. These assessments may be due and collected during each year that county taxes
21' are due and collected, in which case such annual installment and levy shall be evidenced to
21 and certified to the Property Appraiser by the District Board not later than August 31 of each
21 year, and such assessment shall be entered by the Property Appraiser on the County tax rolls,
21 ' and shall be collected and enforced by the Tax Collector in the same manner and at the same
21 time as County taxes, and the proceeds thereof shall be paid to the District. However, this
21 '' subsection shall not prohibit the District in its discretion from using the method prescribed in
2 it either Chapter 197.363 or 197.3632, F.S. for collecting and enforcing these assessments.
2 These benefit special assessments shall be a lien on the property against which assessed until
2 paid and shall be enforceable in like manner as County taxes. The amount of the assessment
2 for the exercise of the District's powers under this Ordinance shall be determined by the
2 District Board based upon a report of the District's engineer and assessed by the District Board
2 upon such lands, which may be part or all of the lands within the District benefited by the
2 improvement, apportioned between benefited lands in proportion to the benefits received by
2 ' each tract of land.
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2 ' these assessments. T - .•- • - • • • - • - - - . .• '
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2 (4) ENFORCEMENT OF TAXES.--The collection and enforcement of all taxes levied by the
2 District shall be at the same time and in like manner as County taxes, and the provisions of
2 ' the Florida Statutes relating to the sale of lands for unpaid and delinquent county taxes; the
2 issuance, sale, and delivery of tax certificates for such unpaid and delinquent County taxes;
2 " the redemption thereof; the issuance to individuals of tax deeds based thereon; and all other
2' 11 procedures in connection therewith shall be applicable to the district to the same extent as if
2' such statutory provisions were expressly set forth herein.All taxes shall be subject to the same
2' discounts as County taxes.
2'
2' (5) WHEN UNPAID TAX IS DELINQUENT; PENALTY.--All taxes provided for in this
2' . act shall become delinquent and bear penalties on the amount of such taxes in the same manner
2' as County taxes.
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2' : (6) TAX EXEMPTION.--All bonds issued hereunder and interest paid thereon and all fees,
2' '! charges, and other revenues derived by the District from the projects provided by this
2' I Ordinance are exempt from all taxes by the state or by any political subdivision, agency, or
2' instrumentality thereof; however, any interest, income, or profits on debt obligations issued
2' ' hereunder are not exempt from the tax imposed by Chapter 220. Further, the District is not
2' . exempt from the provisions of Chapter 212.
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2' (7) STATUS OF ASSESSMENTS.--Benefit special assessments, maintenance special
2' assessments, and special assessments are non-ad valorem assessments as defined by Chapter
2' ' 197.3632, F.S.
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2' ! (8) ASSESSMENTS CONSTITUTE LIENS; COLLECTION.--Benefit special assessments
21 I and maintenance special assessments authorized by this Ordinance shall constitute a lien on
21 the property against which assessed from the date of imposition thereof until paid, coequal
2i ' with the lien of state, county, municipal, and school board taxes. These non-ad valorem
2 1 ; assessments may be collected,at the District's discretion,by the Tax Collector pursuant to the
2 1 provisions of Chapter 197.363 or 197.3632, F.S., or in accordance with other collection
2i measures provided by law.
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2i ' (9) LAND OWNED BY GOVERNMENTAL ENTITY.--Except as otherwise provided by
2 i : law, no levy of non-ad valorem assessments under this Ordinance, or Chapter 170, Chapter
2 i ! 197, or otherwise, by a District Board on property of a governmental entity that is subject to
2 I a ground lease as described in Chapter 190.003(13),F.S.shall constitute a lien or encumbrance
2 on the underlying fee interest of such governmental entity.
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2 Section 17. .. - _ - _. .. •-
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2 (1) The District Board may, after any assessments for assessable improvements are made,
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2: the case may be; and separate certificates shall be issued against each part or parcel of land or
2: .' property assessed, which certificates shall state the general nature of the improvements for
2: which the assessment is made. The certificates shall be payable in annual installments in
2:' accordance with the installments of the special assessment for which they arc issued. The
2: District Board may determine the interest to be borne by such certificates, in compliance with
2: 0 Chapter 215.84, F.S. and may sell such certificates at either private or public sale and
2: ' d ie the form, manner of execution, and other details of such certificates. The.
2: certificates shall recite, that they arc payable only from the special assessments levied and
2: '! collected from the part or parcel of land or property against which they arc issued. The
2. 0 proceeds of such certificates may be pledged for the payment of principal of and interest on
2• any revenue bonds or general obligation bonds issued to finance in whole or in part such
2• assessable improvement, or, if not so pledged, may be used to pay the cost or part of the cost
2• of such assessable improvements.
2•,
2• (2) The District may also issue assessment bonds or other obligations payable from a special
2• n fund into which such certificates of indebtedness referred to in the preceding subsection may
2• ' be deposited; or, if such certificates of indebtedness have not been issued, the District may
2• assign to such special fund for the benefit of the holders of such assessment bonds or other
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31 any bonds or other obligations authorized hereunder. In the event of the creation of such
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31 the payment of the assessment bonds or other obligations issued as provided in this section.
31 The District is authorized to covenant with the holders of such assessment bonds or other
314 obligations that it will diligently and faithfully enforce and collect all the special assessment&
31 ' and interest and penalties thereon for which such certificates of indebtedness or assessment
31 : liens have been .lopes• . • - - . . . - •-- • •- -
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3 n dates of issue and maturity as shall be deemed advisable by the District Board; however, the
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3 '! for which such assessment liens, or the certificates of indebtedness representing such
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3. interest as the District Board may determine, not to exceed a rate which is in compliance with
3.' Chapter 215.84, F.S., and shall be executed, shall have such provisions for redemption prior
3• to maturity, shall be sold in the manner and be subject to all of the applicable provisions
3.1, contained in this Ordinance for revenue bonds, except as the same may be inconsistent with
3• ' the provisions of this section.
3. ,,
3•" (5) All assessment bonds or other obligations issued under the provisions of this Ordinance,
3 'II except certificates of indebtedness issued against separate lots or parcels of land or property
3 ' as provided in this section, shall be and constitute and shall have all the qualities and incidents
3 ' of negotiable instruments under the law merchant and the laws of the state.
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3 II
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3 „ Section 24. `' .. - . - ' -
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34'0 In the event the fees, rentals, or other charges for water and sewer services, or either of them,
3. are not paid when due, the board shall have the power, under such reasonable rules and
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34 until such fees, rentals, or other charges, including interest, penalties, and charges for the
34 ' shutting off and discontinuance and the restoration of such water and sewer services or both,
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34 11 of any person, firm, corporation, or body, public or private, within the district limits. Such
34 ' delinquent fees, rentals, or other charges, together with interest, penalties, and charges for the
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3" method „f enforcemena
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3 ' Section 25. - • - • -•- • . : . .
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3 'i. equity as may be necessary to ensure compliance with the provisions of this Ordinance,
3 ' ' including injunctive relief to enjoin or restrain any person violating the provisions of this
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3 Ordinance or of any code, order, resolution, or other regulation made under authority
3: conferred by this Ordinance or under law, the District Board or any citizen residing in the
3 correct, or avoid such violation; to prevent the occupancy of such building, structure, land,or
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3 $ water: and to pre‘eat any illegal act,conduct, business, or use in or about such premises, land,
3 i ' or water.
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3 Section 3. All other provisions of Ordinance 05-061 not specifically amended
3 herein shall remain in full force and effect. All Ordinances or parts of Ordinances in conflict
3 $ with any of the provisions of this Ordinance are hereby repealed.
3
3 ' Section 4. If any Section or portion of a Section of this Ordinance proves to be
3 : invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity,
3 ! force, or effect of any other Section or part of this Ordinance.
3 ' 1
3 . Section 5. This Ordinance shall become effective immediately upon its passage
3 . ' and adoption.
3. '
3• FIRST READING this 64day of /4142,4.4S-1--- , 2019.
3: ►
3 . . SECOND, FINAL READING AND PASSAGE THIS v2 day
3• ' 2019.
3. .
3 . ! CITY OF BOYNTON BEACH, FLORIDA
3' 1
3YES NO
3"
3' Mayor—Steven B. Grant ✓
3' .
3' $ Vice Mayor—Justin Katz t�
3' Commissioner—Mack McCray
3' :
3' I Commissioner—Christina L. Romelus t/
41 1
41 Commissioner—Ty Penserga
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411 VOTE �-s7
41 '
41 . ATTEST:
41 . _........,...,,,
41
_ oYxra,
- '•
41 ! Cry al Gibson, MM ' • kd•;
4 I City Clerk % - ; (-
•
4 • «es: 1920
4 ' si •
s
4 (Corporate Seal) _; 'c .•'
a 4"49/"9
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