HB 775

1
A bill to be entitled
2An act relating to the City of Tamarac, Broward County;
3extending and enlarging the corporate limits of the City
4of Tamarac to include specified unincorporated lands
5within such corporate limits; providing for an election;
6providing for an effective date of annexation; providing
7for an interlocal agreement; providing for governance of
8annexed areas; prohibiting land use designation or zoning
9changes and other annexations prior to subject annexation
10or defeat of annexation; providing applicability to
11candidacies for municipal office; providing for
12preservation of existing contracts; providing for transfer
13of public roads and rights-of-way; providing an effective
14date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  The legal descriptions of the areas referred to
19in this act are as follows:
20
21Prospect Field Road/West Commercial Boulevard
22Annexation Boundary is described as follows:
23
24A portion of Section 17, Township 49 South, Range 42
25East, Broward County, Florida, more particularly
26described as follows: BEGIN at the point of
27intersection of the North line of the Southeast One-
28Quarter (SE 1/4) of the Northeast One-Quarter (NE 1/4)
29of said Section 17 with the East line of the West One-
30Half (W 1/2) of the Southeast One-Quarter (SE 1/4) of
31the Northeast One-Quarter (NE 1/4) of said Section 17,
32said point being on the municipal boundary of the City
33of Tamarac, as established by Ordinance No. 0-81-17 of
34the City of Tamarac; Thence along said municipal
35boundary the following 3 courses; Thence Westerly,
36along said North line, to a point 50.00 feet East of
37the West line of the Southeast One-Quarter (SE 1/4) of
38the Northeast One-Quarter (NE 1/4) of said Section 17;
39Thence Southerly, along a line 50.00 feet East of and
40parallel with the West line of the Southeast One-
41Quarter (SE 1/4) of the Northeast One-Quarter (NE 1/4)
42of said section 17, said line being the East right of
43way line of Prospect Field Road, to a point of
44intersection with the South line of the North One-Half
45(N 1/2) of the Northwest One-Quarter (NW 1/4) of the
46Southeast One-Quarter (SE 1/4) of the Northeast One-
47Quarter (NE 1/4) of said Section 17; Thence Easterly,
48along said South line, to the Southeast corner of the
49North One-Half (N 1/2) of the Northwest One-Quarter
50(NW 1/4) of the Southeast One-Quarter (SE 1/4) of the
51Northeast One-Quarter (NE 1/4) of said Section 17,
52said point being on the municipal boundary of the City
53of Fort Lauderdale, as established by Chapter 71-640,
54Laws of Florida; Thence Northerly, along the East line
55of the Northwest One-Quarter (NW 1/4) of the Southeast
56One-Quarter (SE 1/4) of the Northeast One-Quarter (NE
571/4) of said Section 17,and along said municipal
58boundary to the POINT OF BEGINNING.
59
60Prospect Field Road/N.W. 31st Avenue Annexation
61Boundary is described as follows:
62
63A portion of Sections 8 and 17, Township 49 South,
64Range 42 East, Broward County, Florida, described as
65follows: BEGIN at the point of intersection of the
66North right of way line of Prospect Field Road with a
67line 264 feet East of and parallel with the West line
68of said Section 8, said point being on the municipal
69boundary of the City of Fort Lauderdale, as
70established by Chapter 71-640, Laws of Florida; Thence
71along said municipal boundary the following 3 courses;
72Thence Easterly, along said North right of way line,
73to the North line of said Section 17; Thence Easterly,
74along said North line of Section 17, to the West line
75of Lot 11 of, LITTLE FARMS, according to the plat
76thereof, as recorded in Plat Book 27, Page 29 of the
77Public Records of Broward County, Florida; Thence
78Southerly, along said West line and the Southerly
79prolongation thereof, to the centerline of Orange
80Street as shown on said plat of, LITTLE FARMS, said
81point being on the municipal boundary of the City of
82Fort Lauderdale, as established by Ordinance No. C-87-
8310 of the City of Fort Lauderdale; Thence Southerly,
84along the West line of Lot 30 of said plat and the
85Northerly prolongation thereof and said municipal
86boundary, to a point on the South line of the
87Northwest One-Quarter (NW 1/4) of the Northwest One-
88Quarter (NW 1/4) of the Northeast One-Quarter (NE 1/4)
89of said Section 17, said point being on the municipal
90boundary of the City of Tamarac, as established by
91Ordinance No. 0-81-17 of the City of Tamarac. Thence
92along said municipal boundary of the City of Tamarac
93the following 3 courses; Thence Westerly, along said
94South line, to the Southwest corner of the Northeast
95One-Quarter (NE 1/4) of the Northeast One-Quarter (NE
961/4) of the Northwest One-Quarter (NW 1/4) of said
97Section 17; Thence Southerly to the Southeast corner
98of the Southwest One-Quarter (SW 1/4) of the Northeast
99One-Quarter (NE 1/4) of the Northwest One-Quarter (NW
1001/4) of said Section 17; Thence Westerly to the
101Southwest corner of the Southwest One-Quarter (SW 1/4)
102of the Northeast One-Quarter (NE 1/4) of the Northwest
103One-Quarter (NW 1/4) of said Section 17, said point
104being on the municipal boundary of the City of Fort
105Lauderdale, as established by Ordinance No. C-72-22 of
106the City of Fort Lauderdale; Thence along said
107municipal boundary the following 4 courses; Thence
108Westerly, along the South line of the Northwest One-
109Quarter (NW 1/4) of the Northwest One-Quarter (NW 1/4)
110of said Section 17, to the West line of said Section
11117; Thence Northerly, along said West line, to the
112South 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
114One-Quarter (NW 1/4) of the Northwest One-Quarter (NW
1151/4) of said Section 17; Thence Easterly, along said
116South line, to the Southeast corner thereof;
117
118Thence Northerly, along the East line thereof, to the
119POINT OF BEGINNING.
120
121     Section 2.  The Broward County Board of County
122Commissioners shall schedule an election, in accordance with the
123provisions of law relating to elections currently in force, in
124Broward County on November 3, 2009. The subject of the election
125shall be the annexation into the City of Tamarac of the areas
126more particularly described in section 1. Only registered voters
127residing in the areas described in section 1 may vote in the
128election. Mail ballots shall be used in this election.
129     Section 3.  Upon a majority of the registered voters
130residing in the subject areas voting for annexation into the
131City of Tamarac, the areas described in section 1 shall be
132deemed a part of such municipality on September 15, 2010,
133pursuant to section 171.062, Florida Statutes, except as
134provided for in this act.
135     Section 4.  An interlocal agreement shall be developed
136between the governing bodies of Broward County and the City of
137Tamarac and executed prior to the effective date of the
138annexation as provided in section 3. The agreement shall address
139infrastructure improvement projects and include a financially
140feasible plan for transitioning county services, buildings,
141infrastructure, waterways, and employees.
142     Section 5.  Upon annexation into the City of Tamarac, the
143areas described in section 1 shall be governed as follows:
144     (1)  The annexed property shall be governed by the relevant
145land use and zoning provisions of the City of Tamarac's Code of
146Ordinances.
147     (2)  Any change of zoning districts or land use
148designations may only be accomplished by enactment of the vote
149of the majority of the full governing body of the municipality
150plus one.
151     (3)  Any use, building, or structure that is legally in
152existence at the time of annexation may not be made a prohibited
153use by the City of Tamarac, on the property of such use, for as
154long as the use shall continue and not be voluntarily abandoned.
155     Section 6.  After the effective date of this act, no change
156in land use designation or zoning shall be effective within the
157limits of the lands subjected to annexation in this act until
158the subject area has been annexed into the municipality or the
159date of the election held pursuant to section 2 if the
160annexation is defeated, and no annexation within the subject
161area by any municipality shall occur during the time period
162between the effective date of this act and the effective date of
163the annexation or the date of the election held pursuant to
164section 2 if the annexation is defeated.
165     Section 7.  After the effective day of the annexation, any
166resident of any of the areas to be annexed by this act into the
167City of Tamarac shall be deemed to have met any residency
168requirements for candidacy for municipal office.
169     Section 8.  Nothing in this act shall be construed to
170affect or abrogate the rights of parties to any contract,
171whether the contract be between Broward County and a third party
172or between nongovernmental entities, which contract is in effect
173prior to the effective date of the annexation.
174     Section 9.  All public roads and the public rights-of-way
175associated therewith, in the Broward County Road System, lying
176within the limits of the lands subject to annexation in this
177act, as described in section 1, are transferred from Broward
178County jurisdiction to the jurisdiction of the annexing
179municipality. All rights, title, interests, and responsibilities
180for any transferred roads, including, but not limited to, the
181ownership, operation, maintenance, planning, design, and
182construction of such roads and to the rights-of-way associated
183therewith shall transfer from Broward County jurisdiction and
184ownership to the jurisdiction and ownership of the annexing
185municipality upon the effective date of the annexation.
186     Section 10.  This act shall take effect upon becoming a
187law.


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