HB 1163

1	A bill to be entitled
2	An act relating to the City of Tamarac, Broward County;
3	providing boundaries; extending and enlarging the
4	corporate limits of the City of Tamarac to include
5	specified unincorporated lands within said corporate
6	limits; providing for an election; providing for an
7	effective date of annexation; providing for an interlocal
8	agreement; providing for the transfer of public roads and
9	rights-of-way; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  (1)  Prospect Field Road/West Commercial
14	Boulevard Annexation Boundary is described as follows:
15
16	A portion of Section 17, Township 49 South, Range 42
17	East, Broward County, Florida, more particularly
18	described as follows: BEGIN at the point of
19	intersection of the North line of the Southeast One-
20	Quarter (SE 1/4) of the Northeast One-Quarter (NE 1/4)
21	of said Section 17 with the East line of the West One-
22	Half (W 1/2) of the Southeast One-Quarter (SE 1/4) of
23	the Northeast One-Quarter (NE 1/4) of said Section 17,
24	said point being on the municipal boundary of the City
25	of Tamarac, as established by Ordinance No. 0-81-17 of
26	the City of Tamarac; Thence along said municipal
27	boundary the following 3 courses; Thence Westerly,
28	along said North line, to a point 50.00 feet East of
29	the West line of the Southeast One-Quarter (SE 1/4) of
30	the Northeast One-Quarter (NE 1/4) of said Section 17;
31	Thence Southerly, along a line 50.00 feet East of and
32	parallel with the West line of the Southeast One-
33	Quarter (SE 1/4) of the Northeast One-Quarter (NE 1/4)
34	of said section 17, said line being the East right of
35	way line of Prospect Field Road, to a point of
36	intersection with the South line of the North One-Half
37	(N 1/2) of the Northwest One-Quarter (NW 1/4) of the
38	Southeast One-Quarter (SE 1/4) of the Northeast One-
39	Quarter (NE 1/4) of said Section 17; Thence Easterly,
40	along said South line, to the Southeast corner of the
41	North One-Half (N 1/2) of the Northwest One-Quarter
42	(NW 1/4) of the Southeast One-Quarter (SE 1/4) of the
43	Northeast One-Quarter (NE 1/4) of said Section 17,
44	said point being on the municipal boundary of the City
45	of Fort Lauderdale, as established by Chapter 71-640,
46	Laws of Florida; Thence Northerly, along the East line
47	of the Northwest One-Quarter (NW 1/4) of the Southeast
48	One-Quarter (SE 1/4) of the Northeast One-Quarter (NE
49	1/4) of said Section 17,and along said municipal
50	boundary to the POINT OF BEGINNING.
51
52	(2)  Prospect Field Road/N.W. 31st Avenue Annexation
53	Boundary is described as follows:
54
55	A portion of Sections 8 and 17, Township 49 South,
56	Range 42 East, Broward County, Florida, described as
57	follows: BEGIN at the point of intersection of the
58	North right of way line of Prospect Field Road with a
59	line 264 feet East of and parallel with the West line
60	of said Section 8, said point being on the municipal
61	boundary of the City of Fort Lauderdale, as
62	established by Chapter 71-640, Laws of Florida; Thence
63	along said municipal boundary the following 3 courses;
64	Thence Easterly, along said North right of way line,
65	to the North line of said Section 17; Thence Easterly,
66	along said North line of Section 17, to the West line
67	of Lot 11 of, LITTLE FARMS, according to the plat
68	thereof, as recorded in Plat Book 27, Page 29 of the
69	Public Records of Broward County, Florida; Thence
70	Southerly, along said West line and the Southerly
71	prolongation thereof, to the centerline of Orange
72	Street as shown on said plat of, LITTLE FARMS, said
73	point being on the municipal boundary of the City of
74	Fort Lauderdale, as established by Ordinance No. C-87-
75	10 of the City of Fort Lauderdale; Thence Southerly,
76	along the West line of Lot 30 of said plat and the
77	Northerly prolongation thereof and said municipal
78	boundary, to a point on the South line of the
79	Northwest One-Quarter (NW 1/4) of the Northwest One-
80	Quarter (NW 1/4) of the Northeast One-Quarter (NE 1/4)
81	of said Section 17, said point being on the municipal
82	boundary of the City of Tamarac, as established by
83	Ordinance No. 0-81-17 of the City of Tamarac. Thence
84	along said municipal boundary of the City of Tamarac
85	the following 3 courses; Thence Westerly, along said
86	South line, to the Southwest corner of the Northeast
87	One-Quarter (NE 1/4) of the Northeast One-Quarter (NE
88	1/4) of the Northwest One-Quarter (NW 1/4) of said
89	Section 17; Thence Southerly to the Southeast corner
90	of the Southwest One-Quarter (SW 1/4) of the Northeast
91	One-Quarter (NE 1/4) of the Northwest One-Quarter (NW
92	1/4) of said Section 17;
93
94	Thence Westerly to the Southwest corner of the
95	Southwest One-Quarter (SW 1/4) of the Northeast One-
96	Quarter (NE 1/4) of the Northwest One-Quarter (NW 1/4)
97	of said Section 17, said point being on the municipal
98	boundary of the City of Fort Lauderdale, as
99	established by Ordinance No. C-72-22 of the City of
100	Fort Lauderdale; Thence along said municipal boundary
101	the following 4 courses;
102
103	Thence Westerly, along the South line of the Northwest
104	One-Quarter (NW 1/4) of the Northwest One-Quarter (NW
105	1/4) of said Section 17, to the West line of said
106	Section 17; Thence Northerly, along said West line, to
107	the South line of the West 264 feet of the North One-
108	Half (N 1/2) of the North One-Half (N 1/2) of the
109	Northwest One-Quarter (NW 1/4) of the Northwest One-
110	Quarter (NW 1/4) of said Section 17; Thence Easterly,
111	along said South line, to the Southeast corner
112	thereof;
113
114	Thence Northerly, along the East line thereof, to the
115	POINT OF BEGINNING.
116
117	Section 2.  The legal descriptions of the areas referred to
118	in this bill are as follows:
119	(1)  "Continental Plaza" Annexation Boundary is described
120	as follows:
121
122	A portion of Section 18, Township 49 South, Range 42
123	East, Broward County, Florida, more particularly
124	described as follows: BEGIN at the intersection of the
125	South right of way line of West Commercial Boulevard
126	(NW 50th Street), being 555 feet South of and parallel
127	with the North line of the Southwest One-Quarter (SW
128	1/4) of said Section 18, with the West line of the
129	East 331.00 feet of the West 631.00 feet of the East
130	861.35 feet (measured at right angles) of the North
131	1,011.04 feet of the Southwest One-Quarter (SW 1/4) of
132	said Section 18, said point being on the municipal
133	boundary of the City of Tamarac, as established by
134	Ordinance No. 0-81-17 of the City of Tamarac; Thence
135	Westerly along said South right of way line and along
136	said municipal boundary to a line 861.35 feet West of
137	and parallel with the East line of the Southwest One-
138	Quarter (SW 1/4) of said Section 18; Thence Southerly
139	along said parallel line and said municipal boundary
140	to a line 1,011.04 feet South of and parallel with the
141	North line of the said Southwest One-Quarter (SW 1/4),
142	said point being on the municipal boundary of the City
143	of Lauderdale Lakes, as established by Chapter 84-463,
144	Laws of Florida; Thence Easterly along said parallel
145	line and said municipal boundary to the West line of
146	the East 331.00 feet of the West 631.00 feet of the
147	East 861.35 feet (measured at right angles) of the
148	North 1,011.04 feet of the Southwest One-Quarter (SW
149	1/4) of said Section 18, said point being on the
150	municipal boundary of the City of Lauderdale Lakes, as
151	established by Ordinance No. 87-10 of the City of
152	Lauderdale Lakes;
153
154	Thence Northerly along said West line and said
155	municipal boundary to the POINT OF BEGINNING.
156
157	(2)  "West Commercial Boulevard/NW 31st Avenue" Annexation
158	Boundary is described as follows:
159
160	A portion of Section 18, Township 49 South, Range 42
161	East, Broward County, Florida, described as follows:
162	BEGIN at the intersection of the North right of way
163	line of West Commercial Boulevard with a line 53.00
164	feet West of and parallel with the East line of the
165	Southeast One-Quarter (SE 1/4) of said Section 18,
166	said point being on the municipal boundary of the City
167	of Fort Lauderdale, as established by Ordinance No. C-
168	72-22 of the City of Fort Lauderdale; Thence along
169	said municipal boundary the following 3 courses;
170	Thence Northerly, along said parallel line, to a line
171	200 feet North of and parallel with the North right of
172	way line of West Commercial Boulevard; Thence
173	Westerly, along said parallel line, to a line 253 feet
174	West of and parallel with the East line of the
175	Southeast One-Quarter (SE 1/4) of said Section 18;
176	Thence Southerly, along said parallel line, to a point
177	on the North right of way line of said West Commercial
178	Boulevard, said point being on the municipal boundary
179	of the City of Tamarac, as established by Ordinance
180	No. 0-81-17 of the City of Tamarac;
181
182	Thence Easterly along said North right of way line and
183	said municipal boundary to the POINT OF BEGINNING.
184
185	Section 3.  The Broward County Board of County
186	Commissioners shall schedule an election on March 11, 2008, in
187	accordance with the provisions of the law relating to elections
188	currently in force in Broward County. The subject of said
189	election shall be the annexation of the subject areas described
190	in section 1. Only registered voters residing in the subject
191	areas as described in this act may vote in said election. Mail
192	ballots shall not be used in this election; however, voters may
193	vote by absentee ballots, as provided by law.
194	Section 4.  The areas described in section 2, the
195	Continental Plaza Annexation Boundary and the West Commercial
196	Boulevard/NW 31st Avenue Annexation Boundary, shall be deemed a
197	part of said municipality on September 15, 2008, pursuant to
198	section 171.062, Florida Statutes, and chapters 96-542 and 99-
199	447, Laws of Florida.
200	Section 5.  Upon a majority of the registered voters
201	residing in the subject areas voting for annexation into the
202	City of Tamarac, the areas described in section 1, the Prospect
203	Field Road/West Commercial Boulevard Annexation Boundary and the
204	Prospect Field Road/N.W. 31st Avenue Annexation Boundary, shall
205	be deemed a part of said municipality on September 15, 2008,
206	pursuant to section 171.062, Florida Statutes, and chapters 96-
207	542 and 99-447, Laws of Florida, except as provided in this act.
208	Section 6.  An interlocal agreement shall be developed
209	between the governing bodies of Broward County and the City of
210	Tamarac, and executed prior to the effective date of the
211	annexation, as provided in sections 4 and 5. The agreement shall
212	address infrastructure improvement projects and include a
213	financially feasible plan for transitioning county services,
214	buildings, infrastructure, waterways, and employees.
215	Section 7.  Upon annexation into the municipality, the
216	areas described in sections 1 and 2 shall be governed by the
217	relevant land use and zoning provisions of the City of Tamarac's
218	Code of Ordinances. Any change of the zoning districts or land
219	use designations may only be accomplished by enactment of the
220	vote of the majority of the full governing body of the
221	municipality plus one. Notwithstanding sections 1 and 2, any
222	use, building, or structure that is legally in existence at the
223	time of annexation shall become a part of the City of Tamarac.
224	Said use shall not be made a prohibited use by the City of
225	Tamarac, on the property of said use, for as long as the use
226	shall continue and not be voluntarily abandoned.
227	Section 8.  Subsequent to the effective date of this act,
228	no change in land use designation or zoning shall be effective
229	within the limits of the lands subjected to annexation herein
230	until the subject area has been annexed into the municipality;
231	and no annexation within the subject area by any municipality
232	shall occur during the time period between the effective date of
233	this act and the effective date of the annexation.
234	Section 9.  Any resident in the area to be annexed by this
235	act into the City of Tamarac shall be deemed to have met any
236	residency requirements for candidacy for municipal office.
237	Section 10.  Nothing in this act shall be construed to
238	affect or abrogate the rights of parties to any contracts,
239	whether the same be between Broward County and a third party or
240	between nongovernmental entities, which contracts are in effect
241	prior to the effective date of the annexation.
242	Section 11.  All public roads and the public rights-of-way
243	associated therewith in the Broward County Road System lying
244	within the limits of the lands subject to annexation herein, as
245	described in sections 1 and 2, are transferred from Broward
246	County jurisdiction to the jurisdiction of the annexing
247	municipality. All rights, title, interests, and responsibilities
248	for any transferred roads, including, but not limited to, the
249	ownership, operation, maintenance, planning, design, and
250	construction of said roads and to the rights-of-way associated
251	therewith shall transfer from Broward County jurisdiction and
252	ownership to the jurisdiction and ownership of the annexing
253	municipality upon the effective date of the annexation.
254	Section 12.  This act shall take effect upon becoming a
255	law.

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