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.