HB 775

1	A bill to be entitled
2	An act relating to the City of Tamarac, Broward County;
3	extending and enlarging the corporate limits of the City
4	of Tamarac to include specified unincorporated lands
5	within such corporate limits; providing for an election;
6	providing for an effective date of annexation; providing
7	for an interlocal agreement; providing for governance of
8	annexed areas; prohibiting land use designation or zoning
9	changes and other annexations prior to subject annexation
10	or defeat of annexation; providing applicability to
11	candidacies for municipal office; providing for
12	preservation of existing contracts; providing for transfer
13	of public roads and rights-of-way; providing an effective
14	date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  The legal descriptions of the areas referred to
19	in this act are as follows:
20
21	Prospect Field Road/West Commercial Boulevard
22	Annexation Boundary is described as follows:
23
24	A portion of Section 17, Township 49 South, Range 42
25	East, Broward County, Florida, more particularly
26	described as follows: BEGIN at the point of
27	intersection of the North line of the Southeast One-
28	Quarter (SE 1/4) of the Northeast One-Quarter (NE 1/4)
29	of said Section 17 with the East line of the West One-
30	Half (W 1/2) of the Southeast One-Quarter (SE 1/4) of
31	the Northeast One-Quarter (NE 1/4) of said Section 17,
32	said point being on the municipal boundary of the City
33	of Tamarac, as established by Ordinance No. 0-81-17 of
34	the City of Tamarac; Thence along said municipal
35	boundary the following 3 courses; Thence Westerly,
36	along said North line, to a point 50.00 feet East of
37	the West line of the Southeast One-Quarter (SE 1/4) of
38	the Northeast One-Quarter (NE 1/4) of said Section 17;
39	Thence Southerly, along a line 50.00 feet East of and
40	parallel with the West line of the Southeast One-
41	Quarter (SE 1/4) of the Northeast One-Quarter (NE 1/4)
42	of said section 17, said line being the East right of
43	way line of Prospect Field Road, to a point of
44	intersection with the South line of the North One-Half
45	(N 1/2) of the Northwest One-Quarter (NW 1/4) of the
46	Southeast One-Quarter (SE 1/4) of the Northeast One-
47	Quarter (NE 1/4) of said Section 17; Thence Easterly,
48	along said South line, to the Southeast corner of the
49	North One-Half (N 1/2) of the Northwest One-Quarter
50	(NW 1/4) of the Southeast One-Quarter (SE 1/4) of the
51	Northeast One-Quarter (NE 1/4) of said Section 17,
52	said point being on the municipal boundary of the City
53	of Fort Lauderdale, as established by Chapter 71-640,
54	Laws of Florida; Thence Northerly, along the East line
55	of the Northwest One-Quarter (NW 1/4) of the Southeast
56	One-Quarter (SE 1/4) of the Northeast One-Quarter (NE
57	1/4) of said Section 17,and along said municipal
58	boundary to the POINT OF BEGINNING.
59
60	Prospect Field Road/N.W. 31st Avenue Annexation
61	Boundary is described as follows:
62
63	A portion of Sections 8 and 17, Township 49 South,
64	Range 42 East, Broward County, Florida, described as
65	follows: BEGIN at the point of intersection of the
66	North right of way line of Prospect Field Road with a
67	line 264 feet East of and parallel with the West line
68	of said Section 8, said point being on the municipal
69	boundary of the City of Fort Lauderdale, as
70	established by Chapter 71-640, Laws of Florida; Thence
71	along said municipal boundary the following 3 courses;
72	Thence Easterly, along said North right of way line,
73	to the North line of said Section 17; Thence Easterly,
74	along said North line of Section 17, to the West line
75	of Lot 11 of, LITTLE FARMS, according to the plat
76	thereof, as recorded in Plat Book 27, Page 29 of the
77	Public Records of Broward County, Florida; Thence
78	Southerly, along said West line and the Southerly
79	prolongation thereof, to the centerline of Orange
80	Street as shown on said plat of, LITTLE FARMS, said
81	point being on the municipal boundary of the City of
82	Fort Lauderdale, as established by Ordinance No. C-87-
83	10 of the City of Fort Lauderdale; Thence Southerly,
84	along the West line of Lot 30 of said plat and the
85	Northerly prolongation thereof and said municipal
86	boundary, to a point on the South line of the
87	Northwest One-Quarter (NW 1/4) of the Northwest One-
88	Quarter (NW 1/4) of the Northeast One-Quarter (NE 1/4)
89	of said Section 17, said point being on the municipal
90	boundary of the City of Tamarac, as established by
91	Ordinance No. 0-81-17 of the City of Tamarac. Thence
92	along said municipal boundary of the City of Tamarac
93	the following 3 courses; Thence Westerly, along said
94	South line, to the Southwest corner of the Northeast
95	One-Quarter (NE 1/4) of the Northeast One-Quarter (NE
96	1/4) of the Northwest One-Quarter (NW 1/4) of said
97	Section 17; Thence Southerly to the Southeast corner
98	of the Southwest One-Quarter (SW 1/4) of the Northeast
99	One-Quarter (NE 1/4) of the Northwest One-Quarter (NW
100	1/4) of said Section 17; Thence Westerly to the
101	Southwest corner of the Southwest One-Quarter (SW 1/4)
102	of the Northeast One-Quarter (NE 1/4) of the Northwest
103	One-Quarter (NW 1/4) of said Section 17, said point
104	being on the municipal boundary of the City of Fort
105	Lauderdale, as established by Ordinance No. C-72-22 of
106	the City of Fort Lauderdale; Thence along said
107	municipal boundary the following 4 courses; Thence
108	Westerly, along the South line of the Northwest One-
109	Quarter (NW 1/4) of the Northwest One-Quarter (NW 1/4)
110	of said Section 17, to the West line of said Section
111	17; Thence Northerly, along said West line, to the
112	South line of the West 264 feet of the North One-Half
113	(N 1/2) of the North One-Half (N 1/2) of the Northwest
114	One-Quarter (NW 1/4) of the Northwest One-Quarter (NW
115	1/4) of said Section 17; Thence Easterly, along said
116	South line, to the Southeast corner thereof;
117
118	Thence Northerly, along the East line thereof, to the
119	POINT OF BEGINNING.
120
121	Section 2.  The Broward County Board of County
122	Commissioners shall schedule an election, in accordance with the
123	provisions of law relating to elections currently in force, in
124	Broward County on November 3, 2009. The subject of the election
125	shall be the annexation into the City of Tamarac of the areas
126	more particularly described in section 1. Only registered voters
127	residing in the areas described in section 1 may vote in the
128	election. Mail ballots shall be used in this election.
129	Section 3.  Upon a majority of the registered voters
130	residing in the subject areas voting for annexation into the
131	City of Tamarac, the areas described in section 1 shall be
132	deemed a part of such municipality on September 15, 2010,
133	pursuant to section 171.062, Florida Statutes, except as
134	provided for in this act.
135	Section 4.  An interlocal agreement shall be developed
136	between the governing bodies of Broward County and the City of
137	Tamarac and executed prior to the effective date of the
138	annexation as provided in section 3. The agreement shall address
139	infrastructure improvement projects and include a financially
140	feasible plan for transitioning county services, buildings,
141	infrastructure, waterways, and employees.
142	Section 5.  Upon annexation into the City of Tamarac, the
143	areas described in section 1 shall be governed as follows:
144	(1)  The annexed property shall be governed by the relevant
145	land use and zoning provisions of the City of Tamarac's Code of
146	Ordinances.
147	(2)  Any change of zoning districts or land use
148	designations may only be accomplished by enactment of the vote
149	of the majority of the full governing body of the municipality
150	plus one.
151	(3)  Any use, building, or structure that is legally in
152	existence at the time of annexation may not be made a prohibited
153	use by the City of Tamarac, on the property of such use, for as
154	long as the use shall continue and not be voluntarily abandoned.
155	Section 6.  After the effective date of this act, no change
156	in land use designation or zoning shall be effective within the
157	limits of the lands subjected to annexation in this act until
158	the subject area has been annexed into the municipality or the
159	date of the election held pursuant to section 2 if the
160	annexation is defeated, and no annexation within the subject
161	area by any municipality shall occur during the time period
162	between the effective date of this act and the effective date of
163	the annexation or the date of the election held pursuant to
164	section 2 if the annexation is defeated.
165	Section 7.  After the effective day of the annexation, any
166	resident of any of the areas to be annexed by this act into the
167	City of Tamarac shall be deemed to have met any residency
168	requirements for candidacy for municipal office.
169	Section 8.  Nothing in this act shall be construed to
170	affect or abrogate the rights of parties to any contract,
171	whether the contract be between Broward County and a third party
172	or between nongovernmental entities, which contract is in effect
173	prior to the effective date of the annexation.
174	Section 9.  All public roads and the public rights-of-way
175	associated therewith, in the Broward County Road System, lying
176	within the limits of the lands subject to annexation in this
177	act, as described in section 1, are transferred from Broward
178	County jurisdiction to the jurisdiction of the annexing
179	municipality. All rights, title, interests, and responsibilities
180	for any transferred roads, including, but not limited to, the
181	ownership, operation, maintenance, planning, design, and
182	construction of such roads and to the rights-of-way associated
183	therewith shall transfer from Broward County jurisdiction and
184	ownership to the jurisdiction and ownership of the annexing
185	municipality upon the effective date of the annexation.
186	Section 10.  This act shall take effect upon becoming a
187	law.

CODING: Words stricken are deletions; words underlined are additions.