CS/HB 1129

1	A bill to be entitled
2	An act relating to 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 effective
6	date of annexation; providing for an interlocal agreement;
7	providing for land use and zoning governance; providing
8	legislative findings; providing requirements for the
9	levying of fire rescue special assessments; providing for
10	an assessment methodology review and report on the fire
11	rescue special assessment; prohibiting the charging of
12	certain impact fees; providing applicability to existing
13	contracts; providing for transfer of public roads and
14	rights-of-way; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  The following described lands shall be annexed
19	into and a part of the City of Tamarac effective September 15,
20	2010:
21
22	Prospect Field Road/West Commercial Boulevard
23	Annexation Boundary is described as follows:
24
25	A portion of Section 17, Township 49 South, Range 42
26	East, Broward County, Florida, more particularly
27	described as follows: BEGIN at the point of
28	intersection of the North line of the Southeast One-
29	Quarter (SE 1/4) of the Northeast One-Quarter(NE 1/4)
30	of said Section 17 with the East line of the West One-
31	Half (W 1/2) of the Southeast One-Quarter (SE 1/4) of
32	the Northeast One-Quarter (NE 1/4) of said Section 17,
33	said point being on the municipal boundary of the City
34	of  Tamarac, as established by Ordinance  No. 0-81-17
35	of the City of Tamarac; Thence along said municipal
36	boundary the following 3 courses; Thence Westerly,
37	along said North line, to a point 50.00 feet East of
38	the West line of the Southeast One-Quarter (SE 1/4) of
39	the Northeast One-Quarter (NE 1/4) of said Section 17;
40	Thence Southerly, along a line 50.00 feet East of and
41	parallel with the West line of the Southeast One-
42	Quarter (SE 1/4) of the Northeast One-Quarter (NE 1/4)
43	of said section 17, said line being the East right of
44	way line of Prospect Field Road, to a point of
45	intersection with the South line of the North One-Half
46	(N 1/2) of the Northwest One-Quarter (NW 1/4) of the
47	Southeast One-Quarter (SE 1/4) of the Northeast One-
48	Quarter (NE 1/4) of said Section 17; Thence Easterly,
49	along said South line, to the Southeast corner of the
50	North One-Half (N 1/2) of the Northwest One-Quarter
51	(NW 1/4) of the Southeast One-Quarter (SE 1/4) of the
52	Northeast One-Quarter (NE 1/4) of said Section 17,
53	said point being on the municipal boundary of the City
54	of Fort Lauderdale, as established  by Chapter 71-640,
55	Laws of Florida; Thence Northerly, along the East line
56	of the Northwest One-Quarter (NW 1/4) of the Southeast
57	One-Quarter (SE 1/4) of the Northeast One-Quarter (NE
58	1/4) of said Section 17, and along said municipal
59	boundary to the POINT OF BEGINNING.
60
61	Prospect Field Road/N.W. 31st Avenue Annexation
62	Boundary is described as follows:
63
64	A portion of Sections 8 and 17, Township 49 South,
65	Range 42 East, Broward County, Florida, described as
66	follows: BEGIN at the point of intersection of the
67	North right of way line of  Prospect  Field Road with
68	a line 264 feet East of and parallel with the West
69	line of  said Section 8, said point being on the
70	municipal boundary of the City of Fort Lauderdale, as
71	established  by Chapter 71-640, Laws of Florida;
72	Thence along said municipal boundary the following 3
73	courses; Thence Easterly, along said North right of
74	way line, to the North line of said Section 17; Thence
75	Easterly, along said North line of Section 17, to the
76	West line of Lot 11 of, LITTLE FARMS, according to the
77	plat thereof, as recorded in Plat Book 27, Page 29 of
78	the Public Records of Broward County, Florida; Thence
79	Southerly, along said West line and the Southerly
80	prolongation thereof, to the centerline of Orange
81	Street as shown on said plat of, LITTLE FARMS, said
82	point being on the municipal boundary of the City of
83	Fort Lauderdale, as established  by Ordinance No. C-
84	87-10 of the City of Fort Lauderdale; Thence
85	Southerly, along the West line of Lot 30 of said plat
86	and the Northerly prolongation thereof and said
87	municipal boundary, to a point on the South line of
88	the Northwest One-Quarter (NW 1/4) of the Northwest
89	One-Quarter (NW 1/4) of the Northeast One-Quarter (NE
90	1/4) of said Section 17, said point being on the
91	municipal boundary of the City of Tamarac, as
92	established by Ordinance No. 0-81-17 of the City of
93	Tamarac. Thence along said municipal boundary of the
94	City of Tamarac the following 3 courses; Thence
95	Westerly, along said South line, to the Southwest
96	corner of the Northeast One-Quarter (NE 1/4) of the
97	Northeast One-Quarter (NE 1/4) of the Northwest One-
98	Quarter (NW 1/4) of said Section 17; Thence Southerly
99	to the Southeast corner of the Southwest One-Quarter
100	(SW1/4) of the Northeast One-Quarter (NE 1/4) of the
101	Northwest One-Quarter (NW 1/4) of said Section 17;
102	Thence Westerly to the Southwest corner of the
103	Southwest One-Quarter (SW1/4) of the Northeast One-
104	Quarter (NE 1/4) of the Northwest One-Quarter (NW 1/4)
105	of said Section 17, said point being on the municipal
106	boundary of the City of Fort Lauderdale, as
107	established by Ordinance No. C-72-22 of the City of
108	Fort Lauderdale; Thence along said municipal boundary
109	the following 4 courses; Thence Westerly, along the
110	South line of the Northwest One-Quarter (NW 1/4) of
111	the Northwest One-Quarter (NW 1/4) of said Section 17,
112	to the West line of said Section 17; Thence Northerly,
113	along said West line, to the South line of the West
114	264 feet of  the North One-Half (N 1/2) of the North
115	One-Half (N 1/2) of the Northwest One-Quarter (NW 1/4)
116	of the Northwest One-Quarter (NW 1/4) of said Section
117	17; Thence Easterly, along said South line, to the
118	Southeast corner thereof;
119
120	Thence Northerly, along the East line thereof, to the
121	POINT OF BEGINNING.
122	Section 2.  An interlocal agreement shall be developed
123	between the governing bodies of Broward County and the City of
124	Tamarac and executed prior to the effective date of the
125	annexation as specified in section 1. The agreement shall
126	address infrastructure improvement projects and include a
127	financially feasible plan for transitioning county services,
128	buildings, infrastructure, waterways, and employees.
129	Section 3.  Upon annexation into the municipality, the
130	areas described in section 1 shall be governed by the zoning
131	regulations of Broward County as amended through March 1, 2010,
132	which shall apply to all areas described in section 1, which is
133	Zone M-3 Heavy Manufacturing. In applying the adopted provisions
134	of the Broward County Zoning Code, each reference to a
135	commission, board, or employee of Broward County shall be
136	construed to refer to its nearest counterpart in the City of
137	Tamarac. The Broward County Zoning Code shall be interpreted and
138	applied to the maximum extent possible. The city may codify the
139	applicable Broward County zoning regulations in effect as of
140	March 1, 2010, into the city's own zoning regulations, provided
141	that such codification is done without any changes other than
142	chapter and section numbers or references to any applicable city
143	commission, board, or employee. Any change of zoning districts
144	or land use designations may be accomplished only by enactment
145	of the vote of the majority of the full governing body of the
146	municipality plus one. Any use, building, or structure that is
147	legally in existence at the time of annexation within the area
148	described in section 1 shall not be made a prohibited use by the
149	City of Tamarac.
150	Section 4.  The Legislature finds that it is fair and
151	reasonable to provide for a partial exemption from any fire
152	rescue special assessment levied by the City of Tamarac to all
153	parcels within the area described in section 1 in order that the
154	amounts collected from these parcels are equal to the amounts
155	that were collected from these parcels by Broward County for the
156	provision of fire rescue services before annexation. The area
157	described in section 1 includes a zoning category and uses that
158	are materially different from those currently existing within
159	the city and that may not be addressed in the city's current
160	fire rescue special assessment methodology. These new uses will
161	provide economic diversity and opportunities to the city that
162	presently do not exist. Moreover, the annexation of these
163	parcels into the city will provide economic benefits not
164	otherwise available to the city, including, without limitation,
165	increased ad valorem tax revenue paid directly by the annexed
166	parcels, which will fund and enhance other city services
167	provided citywide which, if not for the enhanced revenues
168	received from the annexed parcels, would have to be funded
169	through existing revenues. The exemption shall be equal to the
170	amount of the special assessment levied by the City of Tamarac
171	on the parcels within the area described in section 1 in excess
172	of the amount that would have been charged the same parcels by
173	Broward County through its fire assessment had the area
174	described in section 1 remained an unincorporated area of
175	Broward County. This partial exemption shall remain in place,
176	notwithstanding any other statute or ordinance regarding non-ad
177	valorem assessments. If Broward County discontinues its fire
178	rescue special assessment, the exemption shall remain in place
179	using the amount collected by the City of Fort Lauderdale had
180	the area been part of Fort Lauderdale, and if both Broward
181	County and Fort Lauderdale cease to levy fire rescue special
182	assessments, the assessment levied by the City of Tamarac shall
183	then be collected from the parcels within the area described in
184	section 1. Any shortfall in revenues by the city as a result of
185	this exemption shall be funded by any available funding sources
186	other than the fire rescue special assessment. The city shall
187	complete an assessment methodology review and report for its
188	fire rescue special assessment, to include an analysis of the
189	parcels within the area described in section 1, within 1 year
190	after the effective date of the annexation.
191	Section 5.  The City of Tamarac may not charge any impact
192	fees to any parcel within the area described in section 1 for
193	any uses or development existing as of the effective date of the
194	annexation that under the city's ordinances would have been due
195	to the city for the existing uses had they been developed under
196	the city's code. Development and uses that commence on or after
197	the effective date of the annexation shall be subject to the
198	city's impact fees.
199	Section 6.  Nothing in this act may be construed to affect
200	or abrogate the rights of parties to any contracts, whether they
201	be between Broward County and a third party or between
202	nongovernmental entities, which contracts are in effect prior to
203	the effective date of the annexation.
204	Section 7.  All public roads, and the public rights-of-way
205	associated therewith, in the Broward County Road System, lying
206	within the limits of the lands subject to annexation in this act
207	as described in Section 1, are transferred from the jurisdiction
208	of Broward County to the jurisdiction of the City of Tamarac on
209	the effective date of the annexation. All rights, title,
210	interests, and responsibilities for any transferred roads,
211	including, but not limited to, the ownership, operation,
212	maintenance, planning, design, and construction of such roads
213	and the rights-of-way associated therewith, shall transfer from
214	the jurisdiction and ownership of Broward County to the
215	jurisdiction and ownership of the City of Tamarac on the
216	effective date of the annexation.
217	Section 8.  This act shall take effect upon becoming a law.

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