Florida Senate - 2009                            (NP)    SB 2816
       
       
       
       By Senator Ring
       
       
       
       
       32-04906-09                                           20092816__
    1                        A bill to be entitled                      
    2         An act relating to the City of Tamarac, Broward
    3         County; extending and enlarging the corporate limits
    4         of the City of Tamarac to include specified
    5         unincorporated lands within such corporate limits;
    6         providing for an election; providing for an effective
    7         date of annexation; providing for an interlocal
    8         agreement; providing for governance of an annexed
    9         area; prohibiting land use designation or zoning
   10         changes and other annexations prior to subject
   11         annexation or defeat of annexation; providing
   12         applicability to candidacies for municipal office;
   13         providing for preservation of existing contracts;
   14         providing for transfer of public roads and rights-of
   15         way; providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. The legal description of the area referred to in
   20  this act is as follows:
   21  
   22         Prospect Field Road/N.W. 31st Avenue Annexation
   23         Boundary:
   24  
   25         A portion of Sections 8 and 17, Township 49 South,
   26         Range 42 East, Broward County, Florida, described as
   27         follows: BEGIN at the point of intersection of the
   28         North right of way line of Prospect Field Road with a
   29         line 264 feet East of and parallel with the West line
   30         of said Section 8, said point being on the municipal
   31         boundary of the City of Fort Lauderdale, as
   32         established by Chapter 71-640, Laws of Florida; Thence
   33         along said municipal boundary the following 3 courses;
   34         Thence Easterly, along said North right of way line,
   35         to the North line of said Section 17; Thence Easterly,
   36         along said North line of Section 17, to the West line
   37         of Lot 11 of, LITTLE FARMS, according to the plat
   38         thereof, as recorded in Plat Book 27, Page 29 of the
   39         Public Records of Broward County, Florida; Thence
   40         Southerly, along said West line and the Southerly
   41         prolongation thereof, to the centerline of Orange
   42         Street as shown on said plat of, LITTLE FARMS, said
   43         point being on the municipal boundary of the City of
   44         Fort Lauderdale, as established by Ordinance No. C-87
   45         10 of the City of Fort Lauderdale; Thence Southerly,
   46         along the West line of Lot 30 of said plat and the
   47         Northerly prolongation thereof and said municipal
   48         boundary, to a point on the South line of the
   49         Northwest One-Quarter (NW 1/4) of the Northwest One
   50         Quarter (NW 1/4) of the Northeast One-Quarter (NE 1/4)
   51         of said Section 17, said point being on the municipal
   52         boundary of the City of Tamarac, as established by
   53         Ordinance No. 0-81-17 of the City of Tamarac. Thence
   54         along said municipal boundary of the City of Tamarac
   55         the following 3 courses; Thence Westerly, along said
   56         South line, to the Southwest corner of the Northeast
   57         One-Quarter (NE 1/4) of the Northeast One-Quarter (NE
   58         1/4) of the Northwest One-Quarter (NW 1/4) of said
   59         Section 17; Thence Southerly to the Southeast corner
   60         of the Southwest One-Quarter (SW 1/4) of the Northeast
   61         One-Quarter (NE 1/4) of the Northwest One-Quarter (NW
   62         1/4) of said Section 17; Thence Westerly to the
   63         Southwest corner of the Southwest One-Quarter (SW 1/4)
   64         of the Northeast One-Quarter (NE 1/4) of the Northwest
   65         One-Quarter (NW 1/4) of said Section 17, said point
   66         being on the municipal boundary of the City of Fort
   67         Lauderdale, as established by Ordinance No. C-72-22 of
   68         the City of Fort Lauderdale; Thence along said
   69         municipal boundary the following 4 courses; Thence
   70         Westerly, along the South line of the Northwest One
   71         Quarter (NW 1/4) of the Northwest One-Quarter (NW 1/4)
   72         of said Section 17, to the West line of said Section
   73         17; Thence Northerly, along said West line, to the
   74         South line of the West 264 feet of the North One-Half
   75         (N 1/2) of the North One-Half (N 1/2) of the Northwest
   76         One-Quarter (NW 1/4) of the Northwest One-Quarter (NW
   77         1/4) of said Section 17; Thence Easterly, along said
   78         South line, to the Southeast corner thereof;
   79  
   80         Thence Northerly, along the East line thereof, to the
   81         POINT OF BEGINNING.
   82  
   83         Section 2. The Broward County Board of County Commissioners
   84  shall schedule an election, in accordance with the provisions of
   85  law relating to elections currently in force, in Broward County
   86  on November 3, 2009. The subject of the election shall be the
   87  annexation into the City of Tamarac of the area described in
   88  section 1. Only registered voters residing in the area described
   89  in section 1 may vote in the election. Mail ballots shall be
   90  used in this election.
   91         Section 3. Upon a majority of the registered voters
   92  residing in the subject area voting for annexation into the City
   93  of Tamarac, the area described in section 1 shall be deemed a
   94  part of such municipality on September 15, 2010, pursuant to
   95  section 171.062, Florida Statutes, except as provided for in
   96  this act.
   97         Section 4. An interlocal agreement shall be developed
   98  between the governing bodies of Broward County and the City of
   99  Tamarac and executed prior to the effective date of the
  100  annexation as provided in section 3. The agreement shall address
  101  infrastructure improvement projects and include a financially
  102  feasible plan for transitioning county services, buildings,
  103  infrastructure, waterways, and employees.
  104         Section 5. Upon annexation into the City of Tamarac, the
  105  area described in section 1 shall be governed as follows:
  106         (1)The annexed property shall be governed by the relevant
  107  land use and zoning provisions of the City of Tamarac’s Code of
  108  Ordinances.
  109         (2)Any change of zoning districts or land use designations
  110  may only be accomplished by enactment of the vote of the
  111  majority of the full governing body of the municipality plus
  112  one.
  113         (3)Any use, building, or structure that is legally in
  114  existence at the time of annexation may not be made a prohibited
  115  use by the City of Tamarac, on the property of such use, for as
  116  long as the use shall continue and not be voluntarily abandoned.
  117         Section 6. After the effective date of this act, no change
  118  in land use designation or zoning shall be effective within the
  119  limits of the lands subjected to annexation in this act until
  120  the subject area has been annexed into the municipality or the
  121  date of the election held pursuant to section 2 if the
  122  annexation is defeated, and no annexation within the subject
  123  area by any municipality shall occur during the time period
  124  between the effective date of this act and the effective date of
  125  the annexation or the date of the election held pursuant to
  126  section 2 if the annexation is defeated.
  127         Section 7. After the effective day of the annexation, any
  128  resident of the area to be annexed by this act into the City of
  129  Tamarac shall be deemed to have met any residency requirements
  130  for candidacy for municipal office.
  131         Section 8. Nothing in this act shall be construed to affect
  132  or abrogate the rights of parties to any contract, whether the
  133  contract be between Broward County and a third party or between
  134  nongovernmental entities, which contract is in effect prior to
  135  the effective date of the annexation.
  136         Section 9. All public roads and the public rights-of-way
  137  associated therewith, in the Broward County Road System, lying
  138  within the limits of the lands subject to annexation in this
  139  act, as described in section 1, are transferred from Broward
  140  County jurisdiction to the jurisdiction of the annexing
  141  municipality. All rights, title, interests, and responsibilities
  142  for any transferred roads, including, but not limited to, the
  143  ownership, operation, maintenance, planning, design, and
  144  construction of such roads and to the rights-of-way associated
  145  therewith shall transfer from Broward County jurisdiction and
  146  ownership to the jurisdiction and ownership of the annexing
  147  municipality upon the effective date of the annexation.
  148         Section 10. This act shall take effect upon becoming a law.