1 | A bill to be entitled |
2 | An act relating to the City of Tamarac, Broward County; |
3 | extending and enlarging the corporate limits of the City |
4 | of Tamarac to include specified unincorporated lands |
5 | within such corporate limits; providing for an election; |
6 | providing for an effective date of annexation; providing |
7 | for an interlocal agreement; providing for governance of |
8 | annexed areas; prohibiting land use designation or zoning |
9 | changes and other annexations prior to subject annexation |
10 | or defeat of annexation; providing applicability to |
11 | candidacies for municipal office; providing for |
12 | preservation of existing contracts; providing for transfer |
13 | of public roads and rights-of-way; providing an effective |
14 | date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. The legal descriptions of the areas referred to |
19 | in this act are as follows: |
20 | |
21 | Prospect Field Road/West Commercial Boulevard |
22 | Annexation Boundary is described as follows: |
23 | |
24 | A portion of Section 17, Township 49 South, Range 42 |
25 | East, Broward County, Florida, more particularly |
26 | described as follows: BEGIN at the point of |
27 | intersection of the North line of the Southeast One- |
28 | Quarter (SE 1/4) of the Northeast One-Quarter (NE 1/4) |
29 | of said Section 17 with the East line of the West One- |
30 | Half (W 1/2) of the Southeast One-Quarter (SE 1/4) of |
31 | the Northeast One-Quarter (NE 1/4) of said Section 17, |
32 | said point being on the municipal boundary of the City |
33 | of Tamarac, as established by Ordinance No. 0-81-17 of |
34 | the City of Tamarac; Thence along said municipal |
35 | boundary the following 3 courses; Thence Westerly, |
36 | along said North line, to a point 50.00 feet East of |
37 | the West line of the Southeast One-Quarter (SE 1/4) of |
38 | the Northeast One-Quarter (NE 1/4) of said Section 17; |
39 | Thence Southerly, along a line 50.00 feet East of and |
40 | parallel with the West line of the Southeast One- |
41 | Quarter (SE 1/4) of the Northeast One-Quarter (NE 1/4) |
42 | of said section 17, said line being the East right of |
43 | way line of Prospect Field Road, to a point of |
44 | intersection with the South line of the North One-Half |
45 | (N 1/2) of the Northwest One-Quarter (NW 1/4) of the |
46 | Southeast One-Quarter (SE 1/4) of the Northeast One- |
47 | Quarter (NE 1/4) of said Section 17; Thence Easterly, |
48 | along said South line, to the Southeast corner of the |
49 | North One-Half (N 1/2) of the Northwest One-Quarter |
50 | (NW 1/4) of the Southeast One-Quarter (SE 1/4) of the |
51 | Northeast One-Quarter (NE 1/4) of said Section 17, |
52 | said point being on the municipal boundary of the City |
53 | of Fort Lauderdale, as established by Chapter 71-640, |
54 | Laws of Florida; Thence Northerly, along the East line |
55 | of the Northwest One-Quarter (NW 1/4) of the Southeast |
56 | One-Quarter (SE 1/4) of the Northeast One-Quarter (NE |
57 | 1/4) of said Section 17,and along said municipal |
58 | boundary to the POINT OF BEGINNING. |
59 | |
60 | Prospect Field Road/N.W. 31st Avenue Annexation |
61 | Boundary is described as follows: |
62 | |
63 | A portion of Sections 8 and 17, Township 49 South, |
64 | Range 42 East, Broward County, Florida, described as |
65 | follows: BEGIN at the point of intersection of the |
66 | North right of way line of Prospect Field Road with a |
67 | line 264 feet East of and parallel with the West line |
68 | of said Section 8, said point being on the municipal |
69 | boundary of the City of Fort Lauderdale, as |
70 | established by Chapter 71-640, Laws of Florida; Thence |
71 | along said municipal boundary the following 3 courses; |
72 | Thence Easterly, along said North right of way line, |
73 | to the North line of said Section 17; Thence Easterly, |
74 | along said North line of Section 17, to the West line |
75 | of Lot 11 of, LITTLE FARMS, according to the plat |
76 | thereof, as recorded in Plat Book 27, Page 29 of the |
77 | Public Records of Broward County, Florida; Thence |
78 | Southerly, along said West line and the Southerly |
79 | prolongation thereof, to the centerline of Orange |
80 | Street as shown on said plat of, LITTLE FARMS, said |
81 | point being on the municipal boundary of the City of |
82 | Fort Lauderdale, as established by Ordinance No. C-87- |
83 | 10 of the City of Fort Lauderdale; Thence Southerly, |
84 | along the West line of Lot 30 of said plat and the |
85 | Northerly prolongation thereof and said municipal |
86 | boundary, to a point on the South line of the |
87 | Northwest One-Quarter (NW 1/4) of the Northwest One- |
88 | Quarter (NW 1/4) of the Northeast One-Quarter (NE 1/4) |
89 | of said Section 17, said point being on the municipal |
90 | boundary of the City of Tamarac, as established by |
91 | Ordinance No. 0-81-17 of the City of Tamarac. Thence |
92 | along said municipal boundary of the City of Tamarac |
93 | the following 3 courses; Thence Westerly, along said |
94 | South line, to the Southwest corner of the Northeast |
95 | One-Quarter (NE 1/4) of the Northeast One-Quarter (NE |
96 | 1/4) of the Northwest One-Quarter (NW 1/4) of said |
97 | Section 17; Thence Southerly to the Southeast corner |
98 | of the Southwest One-Quarter (SW 1/4) of the Northeast |
99 | One-Quarter (NE 1/4) of the Northwest One-Quarter (NW |
100 | 1/4) of said Section 17; Thence Westerly to the |
101 | Southwest corner of the Southwest One-Quarter (SW 1/4) |
102 | of the Northeast One-Quarter (NE 1/4) of the Northwest |
103 | One-Quarter (NW 1/4) of said Section 17, said point |
104 | being on the municipal boundary of the City of Fort |
105 | Lauderdale, as established by Ordinance No. C-72-22 of |
106 | the City of Fort Lauderdale; Thence along said |
107 | municipal boundary the following 4 courses; Thence |
108 | Westerly, along the South line of the Northwest One- |
109 | Quarter (NW 1/4) of the Northwest One-Quarter (NW 1/4) |
110 | of said Section 17, to the West line of said Section |
111 | 17; Thence Northerly, along said West line, to the |
112 | South 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 |
114 | One-Quarter (NW 1/4) of the Northwest One-Quarter (NW |
115 | 1/4) of said Section 17; Thence Easterly, along said |
116 | South line, to the Southeast corner thereof; |
117 | |
118 | Thence Northerly, along the East line thereof, to the |
119 | POINT OF BEGINNING. |
120 |
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121 | Section 2. The Broward County Board of County |
122 | Commissioners shall schedule an election, in accordance with the |
123 | provisions of law relating to elections currently in force, in |
124 | Broward County on November 3, 2009. The subject of the election |
125 | shall be the annexation into the City of Tamarac of the areas |
126 | more particularly described in section 1. Only registered voters |
127 | residing in the areas described in section 1 may vote in the |
128 | election. Mail ballots shall be used in this election. |
129 | Section 3. Upon a majority of the registered voters |
130 | residing in the subject areas voting for annexation into the |
131 | City of Tamarac, the areas described in section 1 shall be |
132 | deemed a part of such municipality on September 15, 2010, |
133 | pursuant to section 171.062, Florida Statutes, except as |
134 | provided for in this act. |
135 | Section 4. An interlocal agreement shall be developed |
136 | between the governing bodies of Broward County and the City of |
137 | Tamarac and executed prior to the effective date of the |
138 | annexation as provided in section 3. The agreement shall address |
139 | infrastructure improvement projects and include a financially |
140 | feasible plan for transitioning county services, buildings, |
141 | infrastructure, waterways, and employees. |
142 | Section 5. Upon annexation into the City of Tamarac, the |
143 | areas described in section 1 shall be governed as follows: |
144 | (1) The annexed property shall be governed by the relevant |
145 | land use and zoning provisions of the City of Tamarac's Code of |
146 | Ordinances. |
147 | (2) Any change of zoning districts or land use |
148 | designations may only be accomplished by enactment of the vote |
149 | of the majority of the full governing body of the municipality |
150 | plus one. |
151 | (3) Any use, building, or structure that is legally in |
152 | existence at the time of annexation may not be made a prohibited |
153 | use by the City of Tamarac, on the property of such use, for as |
154 | long as the use shall continue and not be voluntarily abandoned. |
155 | Section 6. After the effective date of this act, no change |
156 | in land use designation or zoning shall be effective within the |
157 | limits of the lands subjected to annexation in this act until |
158 | the subject area has been annexed into the municipality or the |
159 | date of the election held pursuant to section 2 if the |
160 | annexation is defeated, and no annexation within the subject |
161 | area by any municipality shall occur during the time period |
162 | between the effective date of this act and the effective date of |
163 | the annexation or the date of the election held pursuant to |
164 | section 2 if the annexation is defeated. |
165 | Section 7. After the effective day of the annexation, any |
166 | resident of any of the areas to be annexed by this act into the |
167 | City of Tamarac shall be deemed to have met any residency |
168 | requirements for candidacy for municipal office. |
169 | Section 8. Nothing in this act shall be construed to |
170 | affect or abrogate the rights of parties to any contract, |
171 | whether the contract be between Broward County and a third party |
172 | or between nongovernmental entities, which contract is in effect |
173 | prior to the effective date of the annexation. |
174 | Section 9. All public roads and the public rights-of-way |
175 | associated therewith, in the Broward County Road System, lying |
176 | within the limits of the lands subject to annexation in this |
177 | act, as described in section 1, are transferred from Broward |
178 | County jurisdiction to the jurisdiction of the annexing |
179 | municipality. All rights, title, interests, and responsibilities |
180 | for any transferred roads, including, but not limited to, the |
181 | ownership, operation, maintenance, planning, design, and |
182 | construction of such roads and to the rights-of-way associated |
183 | therewith shall transfer from Broward County jurisdiction and |
184 | ownership to the jurisdiction and ownership of the annexing |
185 | municipality upon the effective date of the annexation. |
186 | Section 10. This act shall take effect upon becoming a |
187 | law. |