Senate Bill sb3014

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    Florida Senate - 2007        (NP)                      SB 3014

    By Senator Rich





    34-2266-07                                         See HB 1163

  1                      A bill to be entitled

  2         An act relating to the City of Tamarac, Broward

  3         County; providing boundaries; extending and

  4         enlarging the corporate limits of the City of

  5         Tamarac to include specified unincorporated

  6         lands within said corporate limits; providing

  7         for an election; providing for an effective

  8         date of annexation; providing for an interlocal

  9         agreement; providing for land use and zoning

10         designations; establishing residency for

11         municipal office elections; providing for

12         continuation of contracts in effect prior to

13         annexation; providing for the transfer of

14         public roads and rights-of-way; providing an

15         effective date.

16  

17  Be It Enacted by the Legislature of the State of Florida:

18  

19         Section 1.  (1)  Prospect Field Road/West Commercial

20  Boulevard Annexation Boundary is described as follows:

21  

22         A portion of Section 17, Township 49 South,

23         Range 42 East, Broward County, Florida, more

24         particularly described as follows: BEGIN at the

25         point of intersection of the North line of the

26         Southeast One-Quarter (SE 1/4) of the Northeast

27         One-Quarter (NE 1/4) of said Section 17 with

28         the East line of the West One-Half (W 1/2) of

29         the Southeast One-Quarter (SE 1/4) of the

30         Northeast One-Quarter (NE 1/4) of said Section

31         17, said point being on the municipal boundary

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    Florida Senate - 2007        (NP)                      SB 3014
    34-2266-07                                         See HB 1163




 1         of the City of Tamarac, as established by

 2         Ordinance No. 0-81-17 of the City of Tamarac;

 3         Thence along said municipal boundary the

 4         following 3 courses; Thence Westerly, along

 5         said North line, to a point 50.00 feet East of

 6         the West line of the Southeast One-Quarter (SE

 7         1/4) of the Northeast One-Quarter (NE 1/4) of

 8         said Section 17; Thence Southerly, along a line

 9         50.00 feet East of and parallel with the West

10         line of the Southeast One-Quarter (SE 1/4) of

11         the Northeast One-Quarter (NE 1/4) of said

12         section 17, said line being the East right of

13         way line of Prospect Field Road, to a point of

14         intersection with the South line of the North

15         One-Half (N 1/2) of the Northwest One-Quarter

16         (NW 1/4) of the Southeast One-Quarter (SE 1/4)

17         of the Northeast One-Quarter (NE 1/4) of said

18         Section 17; Thence Easterly, along said South

19         line, to the Southeast corner of the North

20         One-Half (N 1/2) of the Northwest One-Quarter

21         (NW 1/4) of the Southeast One-Quarter (SE 1/4)

22         of the Northeast One-Quarter (NE 1/4) of said

23         Section 17, said point being on the municipal

24         boundary of the City of Fort Lauderdale, as

25         established by Chapter 71-640, Laws of Florida;

26         Thence Northerly, along the East line of the

27         Northwest One-Quarter (NW 1/4) of the Southeast

28         One-Quarter (SE 1/4) of the Northeast

29         One-Quarter (NE 1/4) of said Section 17,and

30         along said municipal boundary to the POINT OF

31         BEGINNING.

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    Florida Senate - 2007        (NP)                      SB 3014
    34-2266-07                                         See HB 1163




 1  

 2         (2)  Prospect Field Road/NW 31st Avenue Annexation

 3  Boundary is described as follows:

 4  

 5         A portion of Sections 8 and 17, Township 49

 6         South, Range 42 East, Broward County, Florida,

 7         described as follows: BEGIN at the point of

 8         intersection of the North right of way line of

 9         Prospect Field Road with a line 264 feet East

10         of and parallel with the West line of said

11         Section 8, said point being on the municipal

12         boundary of the City of Fort Lauderdale, as

13         established by Chapter 71-640, Laws of Florida;

14         Thence along said municipal boundary the

15         following 3 courses; Thence Easterly, along

16         said North right of way line, to the North line

17         of said Section 17; Thence Easterly, along said

18         North line of Section 17, to the West line of

19         Lot 11 of, LITTLE FARMS, according to the plat

20         thereof, as recorded in Plat Book 27, Page 29

21         of the Public Records of Broward County,

22         Florida; Thence Southerly, along said West line

23         and the Southerly prolongation thereof, to the

24         centerline of Orange Street as shown on said

25         plat of, LITTLE FARMS, said point being on the

26         municipal boundary of the City of Fort

27         Lauderdale, as established by Ordinance No.

28         C-87-10 of the City of Fort Lauderdale; Thence

29         Southerly, along the West line of Lot 30 of

30         said plat and the Northerly prolongation

31         thereof and said municipal boundary, to a point

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    Florida Senate - 2007        (NP)                      SB 3014
    34-2266-07                                         See HB 1163




 1         on the South line of the Northwest One-Quarter

 2         (NW 1/4) of the Northwest One-Quarter (NW 1/4)

 3         of the Northeast One-Quarter (NE 1/4) of said

 4         Section 17, said point being on the municipal

 5         boundary of the City of Tamarac, as established

 6         by Ordinance No. 0-81-17 of the City of

 7         Tamarac. Thence along said municipal boundary

 8         of the City of Tamarac the following 3 courses;

 9         Thence Westerly, along said South line, to the

10         Southwest corner of the Northeast One-Quarter

11         (NE 1/4) of the Northeast One-Quarter (NE 1/4)

12         of the Northwest One-Quarter (NW 1/4) of said

13         Section 17; Thence Southerly to the Southeast

14         corner of the Southwest One-Quarter (SW 1/4) of

15         the Northeast One-Quarter (NE 1/4) of the

16         Northwest One-Quarter (NW 1/4) of said Section

17         17;

18  

19         Thence Westerly to the Southwest corner of the

20         Southwest One-Quarter (SW 1/4) of the Northeast

21         One-Quarter (NE 1/4) of the Northwest

22         One-Quarter (NW 1/4) of said Section 17, said

23         point being on the municipal boundary of the

24         City of Fort Lauderdale, as established by

25         Ordinance No. C-72-22 of the City of Fort

26         Lauderdale; Thence along said municipal

27         boundary the following 4 courses;

28  

29         Thence Westerly, along the South line of the

30         Northwest One-Quarter (NW 1/4) of the Northwest

31         One-Quarter (NW 1/4) of said Section 17, to the

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    Florida Senate - 2007        (NP)                      SB 3014
    34-2266-07                                         See HB 1163




 1         West line of said Section 17; Thence Northerly,

 2         along said West line, to the South line of the

 3         West 264 feet of the North One-Half (N 1/2) of

 4         the North One-Half (N 1/2) of the Northwest

 5         One-Quarter (NW 1/4) of the Northwest

 6         One-Quarter (NW 1/4) of said Section 17; Thence

 7         Easterly, along said South line, to the

 8         Southeast corner thereof;

 9  

10         Thence Northerly, along the East line thereof,

11         to the POINT OF BEGINNING.

12  

13         Section 2.  The legal descriptions of the areas

14  referred to in this bill are as follows:

15         (1)  "Continental Plaza" Annexation Boundary is

16  described as follows:

17  

18         A portion of Section 18, Township 49 South,

19         Range 42 East, Broward County, Florida, more

20         particularly described as follows:

21  

22         BEGIN at the intersection of a line 861.35 feet

23         West of and parallel with the East line of the

24         Southwest One-Quarter (SW 1/4) of said Section

25         18 with the South line of the North 1,011.04

26         feet of the Southwest One-Quarter (SW 1/4) of

27         said Section 18, said point being on the

28         municipal boundary of the City of Lauderdale

29         Lakes, as established by Chapter 84-463, Laws

30         of Florida;

31  

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    Florida Senate - 2007        (NP)                      SB 3014
    34-2266-07                                         See HB 1163




 1         Thence Easterly along said South line and said

 2         municipal boundary to the West line of the East

 3         331.00 feet of the West 631.00 feet of the East

 4         861.35 feet (measured at right angles) of the

 5         North 1,011.04 feet of the Southwest

 6         One-Quarter (SW 1/4) of said Section 18, said

 7         point being on the municipal boundary of the

 8         City of Lauderdale Lakes, as established by

 9         Ordinance No. 87-10 of the City of Lauderdale

10         Lakes;

11  

12         Thence Northerly along said West line and said

13         municipal boundary to the South line of the

14         North 565 feet of the East 861.35 feet of the

15         Southwest One-Quarter (SW 1/4) of said Section

16         18;

17  

18         Thence Westerly along said South line to a line

19         861.35 feet West of and parallel with the East

20         line of the Southwest One-Quarter (SW 1/4) of

21         said Section 18, said point being on the

22         municipal boundary of the City of Tamarac, as

23         established by Ordinance No. 0-81-17 of the

24         City of Tamarac;

25  

26         Thence Southerly along said parallel line and

27         said municipal boundary to the POINT OF

28         BEGINNING,

29  

30         TOGETHER WITH;

31  

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    Florida Senate - 2007        (NP)                      SB 3014
    34-2266-07                                         See HB 1163




 1         The South 10 feet of the North 565 feet of the

 2         West 731.35 feet of the East 861.35 feet of the

 3         Southwest One-Quarter (SW 1/4) of said Section

 4         18.

 5  

 6         (2)  "West Commercial Boulevard/NW 31st Avenue"

 7  Annexation Boundary is described as follows:

 8  

 9         A portion of Section 18, Township 49 South,

10         Range 42 East, Broward County, Florida,

11         described as follows: BEGIN at the intersection

12         of the North right of way line of West

13         Commercial Boulevard with a line 53.00 feet

14         West of and parallel with the East line of the

15         Southeast One-Quarter (SE 1/4) of said Section

16         18, said point being on the municipal boundary

17         of the City of Fort Lauderdale, as established

18         by Ordinance No. C-72-22 of the City of Fort

19         Lauderdale; Thence along said municipal

20         boundary the following 3 courses; Thence

21         Northerly, along said parallel line, to a line

22         200 feet North of and parallel with the North

23         right of way line of West Commercial Boulevard;

24         Thence Westerly, along said parallel line, to a

25         line 253 feet West of and parallel with the

26         East line of the Southeast One-Quarter (SE 1/4)

27         of said Section 18; Thence Southerly, along

28         said parallel line, to a point on the North

29         right of way line of said West Commercial

30         Boulevard, said point being on the municipal

31         boundary of the City of Tamarac, as established

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    Florida Senate - 2007        (NP)                      SB 3014
    34-2266-07                                         See HB 1163




 1         by Ordinance No. 0-81-17 of the City of

 2         Tamarac;

 3  

 4         Thence Easterly along said North right of way

 5         line and said municipal boundary to the POINT

 6         OF BEGINNING.

 7  

 8         Section 3.  The Broward County Board of County

 9  Commissioners shall schedule an election on March 11, 2008, in

10  accordance with the provisions of the law relating to

11  elections currently in force in Broward County. The subject of

12  said election shall be the annexation of the subject areas

13  described in section 1. Only registered voters residing in the

14  subject areas as described in this act may vote in said

15  election. Mail ballots shall not be used in this election;

16  however, voters may vote by absentee ballots, as provided by

17  law.

18         Section 4.  Upon a majority of the registered voters

19  residing in the subject areas voting for annexation into the

20  City of Tamarac, the areas described in section 1, the

21  Prospect Field Road/West Commercial Boulevard Annexation

22  Boundary and the Prospect Field Road/NW 31st Avenue Annexation

23  Boundary, shall be deemed a part of said municipality on

24  September 15, 2008, pursuant to section 171.062, Florida

25  Statutes, and chapters 96-542 and 99-447, Laws of Florida,

26  except as provided in this act.

27         Section 5.  The areas described in section 2, the

28  Continental Plaza Annexation Boundary and the West Commercial

29  Boulevard/NW 31st Avenue Annexation Boundary, shall be deemed

30  a part of said municipality on September 15, 2008, pursuant to

31  

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    Florida Senate - 2007        (NP)                      SB 3014
    34-2266-07                                         See HB 1163




 1  section 171.062, Florida Statutes, and chapters 96-542 and

 2  99-447, Laws of Florida.

 3         Section 6.  An interlocal agreement shall be developed

 4  between the governing bodies of Broward County and the City of

 5  Tamarac, and executed prior to the effective date of the

 6  annexation, as provided in sections 4 and 5. The agreement

 7  shall address infrastructure improvement projects and include

 8  a financially feasible plan for transitioning county services,

 9  buildings, infrastructure, waterways, and employees.

10         Section 7.  Upon annexation into the municipality, the

11  areas described in sections 1 and 2 shall be governed by the

12  relevant land use and zoning provisions of the City of

13  Tamarac's Code of Ordinances. Any change of the zoning

14  districts or land use designations may only be accomplished by

15  enactment of the vote of the majority of the full governing

16  body of the municipality plus one. Notwithstanding sections 1

17  and 2, any use, building, or structure that is legally in

18  existence at the time of annexation shall not be made a

19  prohibited use by the City of Tamarac, on the property of said

20  use, for as long as the use shall continue and not be

21  voluntarily abandoned.

22         Section 8.  Subsequent to the effective date of this

23  act, no change in land use designation or zoning shall be

24  effective within the limits of the lands subjected to

25  annexation herein until the subject area has been annexed into

26  the municipality; and no annexation within the subject area by

27  any municipality shall occur during the time period between

28  the effective date of this act and the effective date of the

29  annexation.

30  

31  

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    Florida Senate - 2007        (NP)                      SB 3014
    34-2266-07                                         See HB 1163




 1         Section 9.  Any resident of the area annexed by this

 2  act into the City of Tamarac shall be deemed to have met any

 3  residency requirements for candidacy for municipal office.

 4         Section 10.  Nothing in this act shall be construed to

 5  affect or abrogate the rights of parties to any contracts,

 6  whether the same be between Broward County and a third party

 7  or between nongovernmental entities, which contracts are in

 8  effect prior to the effective date of the annexation.

 9         Section 11.  All rights, title, interests, and

10  responsibilities for all public roads and the public

11  rights-of-way associated therewith in the Broward County Road

12  system within the limits of the land described in sections 1

13  and 2, except for Prospect Field Road, including, but not

14  limited to, the ownership, operation, maintenance, planning,

15  design, and construction of said roads and rights-of-way,

16  shall transfer from Broward County jurisdiction and ownership

17  to the jurisdiction and ownership of the City of Tamarac upon

18  the effective date of the annexation.

19         Section 12.  This act shall take effect upon becoming a

20  law.

21  

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31  

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