1 | A bill to be entitled |
2 | An act relating to the City of Fort Lauderdale, Broward |
3 | County; extending and enlarging the corporate limits of |
4 | the City of Fort Lauderdale to include specified |
5 | unincorporated lands within such corporate limits; |
6 | providing for an effective date of annexation; providing |
7 | for an interlocal agreement, land use and zoning |
8 | governance, and residency qualification for candidacies |
9 | for municipal office; providing applicability to existing |
10 | contracts; providing for transfer of public roads and |
11 | rights-of-way; providing an effective date. |
12 |
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13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
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15 | Section 1. The following areas shall be annexed into the |
16 | City of Fort Lauderdale subject to the provisions of this act: |
17 |
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18 | CYPRESS CREEK ROAD - A |
19 |
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20 | That portion of Section 11 Township 49 South, Range 42 |
21 | East, Broward County, Florida, described as follows: |
22 |
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23 | BEGIN at the Northwest corner of HARRAH PLAT, |
24 | according to the plat thereof, as recorded in Plat |
25 | Book 100, Page 25, of the Public Records of Broward |
26 | County, Florida said point also being on the South |
27 | right of way line of Cypress Creek Road and the |
28 | municipal boundary of the City of Fort Lauderdale, as |
29 | established by Ordinance No. C-94-16; |
30 |
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31 | The next six courses being along said municipal |
32 | boundary; |
33 |
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34 | Thence North 88(46'54" East, a distance of 256.04 feet |
35 | to the point of curvature of a non-tangent curve, |
36 | concave to the North, having a radius of 5784.58 feet, |
37 | a central angle of 01(48'28" and a radial bearing of |
38 | North 03(35'16" East; |
39 |
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40 | Thence Easterly along said curve, a distance of 182.51 |
41 | feet to the most Northerly Northeast corner of Parcel |
42 | "A" of said HARRAH PLAT; |
43 |
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44 | Thence South 01(30'49" East, a distance of 12.02 feet |
45 | to the Northwest corner of Parcel "A" of AMOCO S.S. |
46 | 7002 PLAT, according to the plat thereof, as recorded |
47 | in Plat Book 133, Page 29, of the Public Records of |
48 | Broward County, Florida; |
49 |
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50 | Thence continue South 01(30'49" East, a distance of |
51 | 175.90 feet; |
52 |
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53 | Thence North 88(46'54" East, a distance of 195.00 feet; |
54 |
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55 | Thence South 01(30'49" East a distance of 98.25 feet to |
56 | the Southeast corner of Parcel "A" of said HARRAH PLAT |
57 | said point being on the municipal boundary of the City |
58 | of Oakland Park, as established by House Bill 1485, |
59 | 2004 Legislature; |
60 | |
61 | Thence North 88(44'00" East along said municipal |
62 | boundary and the South line of said HARRAH PLAT to the |
63 | Southeast corner of said Plat, said point being on the |
64 | municipal boundary of the City of Oakland Park, as |
65 | established by House Bill 2177, 1975 Legislature; |
66 | |
67 | Thence North along said municipal boundary to the |
68 | North right of way line of Cypress Creek Road, said |
69 | point being on the municipal boundary of the City of |
70 | Fort Lauderdale as established by Ordinance No. C-94- |
71 | 16 and on a curve concave to the North having a radius |
72 | of 5674.58 feet and a central angle of 05(49'13"; |
73 | |
74 | The next two courses being along said municipal |
75 | boundary per Ordinance No. C-94-16 and said North |
76 | right of way line; |
77 | |
78 | Thence Westerly along said curve, a distance of 576.44 |
79 | feet to a point of reverse curvature of a curve |
80 | concave to the South, having a radius of 5784.58 feet, |
81 | a central angle of 00(35'37" and a radial bearing of |
82 | South 05(38"37" West; |
83 | |
84 | Thence Westerly along said curve, a distance of 59.93 |
85 | feet to the Southeast corner of "SHELL AT I-95", |
86 | according to the plat thereof, as recorded in Plat |
87 | Book 102, Page 25, of the Public Records of Broward |
88 | County, Florida, said point being on the municipal |
89 | boundary of the City of Fort Lauderdale, as |
90 | established by Ordinance No. C-95-6; |
91 | |
92 | The next three courses being along said municipal |
93 | boundary per Ordinance No. C-95-6 and said North right |
94 | of way line; |
95 |
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96 | Thence continue Westerly along said curve, a distance |
97 | of 337.88 feet; |
98 | |
99 | Thence North 80(31'09" West, a distance of 201.82 feet; |
100 | |
101 | Thence South 89(06'33" West, a distance of 125.00 feet |
102 | to a point on the municipal boundary of the City of |
103 | Oakland Park, as established by House Bill 931, 1983 |
104 | Legislature and the East right of way line of |
105 | Interstate Ninety-five (I-95); |
106 | |
107 | Thence Southerly along said municipal boundary and |
108 | said East right of way line to the South line of |
109 | Cypress Creek Road, said point being on the municipal |
110 | boundary of the City of Oakland Park, as established |
111 | by House Bill 1485, 2004 Legislature; |
112 | |
113 | Thence Easterly along said municipal boundary to the |
114 | POINT OF BEGINNING. |
115 | |
116 | CYPRESS CREEK ROAD - B |
117 | |
118 | That portion of Section 11, Township 49 South, Range |
119 | 42 East, Broward County, Florida, described as |
120 | follows: |
121 | |
122 | BEGIN at the intersection of the Easterly prolongation |
123 | of the North limits line of CYPRESS CREEK I-95 |
124 | INTERCHANGE PROPERTY, as recorded in Plat Book 88, |
125 | Page 3, of the Public Records of Broward County, |
126 | Florida with the East right of way line of the Florida |
127 | East Coast Railroad and the present corporate limits |
128 | of the City of Fort Lauderdale, as established by |
129 | House Bill 2512, 1965 Legislature; |
130 | |
131 | Thence Southerly along said East right of way line and |
132 | said corporate limits to the North right of way line |
133 | of Northeast 62nd Street, said point being on the |
134 | municipal boundary of the City of Oakland Park, as |
135 | established by House Bill 1244, 1988 Legislature; |
136 | |
137 | Thence West along said North right of way line and |
138 | said municipal boundary, as established by House Bill |
139 | 1244, to the West right of way line of the Florida |
140 | East Coast Railroad and a point on the municipal |
141 | boundary of the City of Oakland Park, as established |
142 | by House Bill 2177, 1975 Legislature; |
143 | |
144 | Thence West along said North right of way line and |
145 | said municipal boundary, as established by House Bill |
146 | 2177, to a point on the Southeast corner of Tract "A", |
147 | PHILLIPS TRACT, according to the plat thereof, as |
148 | recorded in Plat Book 124, Page 9, of Broward County, |
149 | Florida, said point being on the municipal boundary of |
150 | the City of Fort Lauderdale, as established by |
151 | Ordinance No. C-94-16; |
152 | |
153 | Thence continuing along said municipal boundary, as |
154 | established by Ordinance No. C-94-16, the following 4 |
155 | courses; |
156 | |
157 | Thence North 42(58'19" East, a distance of 42.63 feet; |
158 | |
159 | Thence North 04(34'07" East, a distance of 100.31 feet |
160 | to the Northeast corner of said Tract "A", the last |
161 | two courses being along the Easterly line of said |
162 | Tract "A"; |
163 | |
164 | Thence South 88(20'37" West, a distance of 120.11 feet |
165 | to the Northwest corner of said Tract "A"; |
166 | |
167 | Thence South 02(18'05" East, a distance of 130.20 feet |
168 | to the Southwest corner of said Tract "A", said point |
169 | being on the North right of way line of Northeast 62nd |
170 | Street and on said municipal boundary of the City of |
171 | Oakland Park, as established by House Bill 2177, 1975 |
172 | Legislature; |
173 | |
174 | Thence Westerly along said North right of way line and |
175 | said municipal boundary, as established by House Bill |
176 | 2177, to the West right of way line of Northeast 9th |
177 | Avenue, said point being on the municipal boundary of |
178 | the City of Fort Lauderdale, as established by |
179 | Ordinance No. C-94-16; |
180 | |
181 | Thence continuing along said municipal boundary, as |
182 | established by Ordinance No. C-94-16, the following 36 |
183 | courses; |
184 | |
185 | Thence North 01(27'01" West, along said municipal |
186 | boundary, a distance of 94.04 feet to the Southeast |
187 | corner of Lot 118 of the Tax Assessor's Map of |
188 | "CYPRESS CREEK TRAILER CITY", as recorded in |
189 | Miscellaneous Plat Book 2, Page 17, of the Public |
190 | Records of Broward County, Florida; |
191 | |
192 | Thence South 88(46'54" West, along the South line of |
193 | said "CYPRESS CREEK TRAILER CITY", a distance of |
194 | 119.56 feet; |
195 | |
196 | Thence North 28(46'54" East, a distance of 56.23 feet; |
197 | |
198 | Thence North 26(13'06" West, a distance of 20.00 feet; |
199 | |
200 | Thence South 43(46'54" West, a distance of 20.00 feet; |
201 | |
202 | Thence North 46(13'06" West, a distance of 16.00 feet; |
203 | |
204 | Thence North 43(46'54" East, a distance of 31.71 feet; |
205 | |
206 | Thence North 13(46'54" East, a distance of 34.76 feet |
207 | to the Northeast corner of Lot 121 of said "CYPRESS |
208 | CREEK TRAILER CITY"; |
209 | |
210 | Thence North 01(13'06" West, a distance of 40.00 feet; |
211 | |
212 | Thence North 88(46'54" East, along the North line of |
213 | Caravan Circle, as shown on said "CYPRESS CREEK |
214 | TRAILER CITY", a distance of 93.29 feet to intersect |
215 | the West line of N.E. 10th Avenue (now N.E. 9th |
216 | Avenue), as shown on said map; |
217 | |
218 | Thence North 01(27'01" West, along said West line and |
219 | the Northerly extension thereof, a distance of 160.00 |
220 | feet; |
221 | |
222 | Thence North 88(46'54" East, along the North line of |
223 | said Caravan Circle, a distance of 185.18 feet; |
224 | |
225 | Thence North 01(07'04" West, a distance of 218.42 feet; |
226 | |
227 | Thence North 88(52'56" East, along the North line of |
228 | Justamere Terrace, as shown on said map, a distance of |
229 | 232.19 feet to the Southeast corner of Lot 56 of said |
230 | "CYPRESS CREEK TRAILER CITY"; |
231 | |
232 | Thence North 13(52'56" East, a distance of 26.47 feet; |
233 | |
234 | Thence North 26(07'04" West, a distance of 39.27 feet; |
235 | |
236 | Thence North 63(52'56" East, a distance of 24.00 feet |
237 | to the Westernmost corner of Lot 82, of said "CYPRESS |
238 | CREEK TRAILER CITY"; |
239 | |
240 | Thence North 08(52'56" East, a distance of 49.45 feet |
241 | to a point on the South right of way line of Cypress |
242 | Creek Canal (C-14); |
243 | |
244 | Thence North 88(52'56" East, along said South right of |
245 | way line, a distance of 40.96 feet; |
246 | |
247 | Thence South 18(37'04" East, a distance of 61.70 feet; |
248 | |
249 | Thence South 88(52'56" West, a distance of 39.35 feet, |
250 | the last four courses being coincident with the |
251 | perimeter of said Lot 82; |
252 | |
253 | Thence South 46(07'04" East, a distance of 7.30 feet; |
254 | |
255 | Thence South 43(52'56" West, a distance of 31.71 feet; |
256 | |
257 | Thence South 13(52'56" West, a distance of 34.76 feet; |
258 | |
259 | Thence South 01(07'04" East, a distance of 35.00 feet; |
260 | |
261 | Thence South 88(52'56" West, along the South line of |
262 | said Justamere Terrace, a distance of 206.69 feet; |
263 | |
264 | Thence South 01(07'04" East, a distance of 95.00 feet |
265 | to the Northwest corner of Lot 31 of said "CYPRESS |
266 | CREEK TRAILER CITY"; |
267 | |
268 | Thence North 88(52'56" East, a distance of 76.41 feet; |
269 | |
270 | Thence South 28(52'56" West, a distance of 56.23 feet; |
271 | |
272 | Thence South 63(52'29" West, a distance of 24.00 feet; |
273 | |
274 | Thence South 88(52'56" West, a distance of 26.55 feet |
275 | to the Southwest corner of said Lot 31, the last four |
276 | courses being along the boundary of said Lot 31; |
277 | |
278 | Thence South 01(07'04" East, a distance of 36.16 feet; |
279 | |
280 | Thence South 61(35'26" West, a distance of 72.97 feet; |
281 | |
282 | Thence South 88(46'54" West, a distance of 100.10 feet; |
283 | |
284 | Thence South 01(27'01" East, along the East line of |
285 | said N.E. 10th Avenue (now N.E. 9th Avenue), a |
286 | distance of 98.23 feet; |
287 | |
288 | Thence North 88(20'37" East, along the North limits and |
289 | the Easterly extension thereof, of the Plat of |
290 | "CYPRESS CREEK I-95 INTERCHANGE PROPERTY", as recorded |
291 | in Plat Book 88, Page 3, of the Public Records of |
292 | Broward County, Florida, a distance of 940.93 feet to |
293 | the POINT OF BEGINNING. |
294 | |
295 | ANDREWS - NE 62 STREET - NORTH |
296 | |
297 | A portion of Section 10, Township 49 South, Range 42 East, |
298 | Broward County, Florida, described as follows: |
299 | |
300 | BEGIN at the intersection of the West right-of-way |
301 | line of State Road 9, (I-95) with the East right-of- |
302 | way line of North Andrews Avenue Extension as shown |
303 | on, "CHARTER PLAT", as recorded in Plat Book 92, Page |
304 | 23 of the Public Records of Broward County, Florida, |
305 | said point also being on the municipal boundary of the |
306 | City of Fort Lauderdale, established by Ordinance No. |
307 | C-84-33 of the City of Fort Lauderdale; |
308 | |
309 | Thence along said municipal boundary the following 4 |
310 | courses; |
311 | |
312 | Thence Northerly on said East right-of-way line to |
313 | intersect the South line of the North One-Half (N |
314 | 1/2), of the Southwest One-Quarter (SW 1/4), of the |
315 | Southwest One-Quarter (SW 1/4), of the Northeast One- |
316 | Quarter (NE 1/4) of Section 10, Township 49 South, |
317 | Range 42 East; |
318 | |
319 | Thence South 88°38'01" West on said South line to a |
320 | point on the West line of the Northeast One-Quarter |
321 | (NE 1/4) of said Section 10; |
322 | |
323 | Thence South 88°36'42" West on the South line of the |
324 | North One-Half (N 1/2), of the Southeast One-Quarter |
325 | (SE 1/4), of the Southeast One-Quarter (SE 1/4), of |
326 | the Northwest One-Quarter (NW 1/4) of said Section 10, |
327 | a distance of 225.47 feet to intersect the East right- |
328 | of-way line of North Andrews Avenue realigned shown on |
329 | "STEAK & ALE OF FLA." as recorded in Plat Book 96, |
330 | Page 16, of the Public Records of Broward County, |
331 | Florida; |
332 | |
333 | Thence Southerly on said East right-of-way line to |
334 | intersect the North right-of-way line of Northeast |
335 | 62nd Street (Cypress Creek Road), said point being on |
336 | the municipal boundary of the City of Oakland Park, as |
337 | established by House Bill 931, 1983 Legislature; |
338 | |
339 | Thence Easterly, Northerly, Easterly and Northeasterly |
340 | along said North right of way line and along said |
341 | municipal boundary, to the POINT OF BEGINNING. |
342 | |
343 | ANDREWS - NE/NW STREET - SOUTH |
344 | |
345 | A portion of Section 10, Township 49 South, Range 42 East, |
346 | Broward County, Florida, described as follows: |
347 | |
348 | BEGIN at the Southwest corner of, CYPRESS FINANCIAL |
349 | CENTER, according to the plat thereof, as recorded in |
350 | Plat Book 125, Page 48 of the Public Records of |
351 | Broward County, Florida, said point being on the |
352 | municipal boundary of the City of Fort Lauderdale, as |
353 | established by Ordinance C-95-43 of the City of Fort |
354 | Lauderdale; |
355 | |
356 | Thence along said municipal boundary the following 8 |
357 | courses; |
358 | |
359 | Thence North 01°55'43" West, a distance of 89.24 feet; |
360 | |
361 | Thence North 43°04'17" East, a distance of 42.43 feet; |
362 | |
363 | Thence North 88°04'17" East, along the south right-of- |
364 | way line of Northwest 60th Street, a distance of 13.16 |
365 | feet; |
366 | |
367 | Thence North 01°55'43" West, a distance of 60.00 feet; |
368 | |
369 | Thence North 40°23'11" West, a distance of 39.14 feet |
370 | to the point of intersection with the arc of a |
371 | circular curve, concave to the Southeast, whose radius |
372 | point bears South 78°50'36" East from said point; |
373 | |
374 | Thence Northerly, along the arc of said curve, having |
375 | a radius of 882.93 feet, a central angle of 04°47'41" |
376 | and an arc distance of 73.89 feet, to the point of |
377 | tangency; |
378 | |
379 | Thence North 15°57'05" East, a distance of 312.64 |
380 | feet; |
381 | |
382 | Thence North 52°13'39" East, a distance of 41.42 feet |
383 | to the Northwest corner of Parcel "A", CYPRESS CREEK |
384 | CENTER, according to the plat thereof, as recorded in |
385 | Plat Book 104, Page 13 of the Public Records of |
386 | Broward County, Florida, said point being on the |
387 | municipal boundary of the City of Oakland Park, as |
388 | established by House Bill 931, 1983 Legislature; |
389 | |
390 | Thence Northerly, along said municipal boundary, to |
391 | the Southwest corner of, CHARTER PLAT, according to |
392 | the plat thereof, as recorded in Plat Book 92, Page 23 |
393 | of the Public Records of Broward County, Florida, said |
394 | point being on the North right-of-way line of |
395 | Northeast 62 Street (Cypress Creek Road) and the |
396 | municipal boundary of the City of Fort Lauderdale, as |
397 | established by Ordinance C-84-33 of the City of Fort |
398 | Lauderdale; |
399 | |
400 | Thence West, along said North right-of-way line and |
401 | said municipal boundary, to intersect the West line of |
402 | the Southeast One-Quarter (SE 1/4), of the Southeast |
403 | One-Quarter (SE 1/4), of the Northwest One-Quarter (NW |
404 | 1/4) of said Section 10; |
405 | |
406 | Thence North 01°56'19" West, along said West line and |
407 | said municipal boundary, 262.64 feet to a point on the |
408 | Easterly right-of-way line of the Seaboard System |
409 | Railroad, said point being on the municipal boundary |
410 | of the City of Fort Lauderdale, as established by |
411 | House Bill 1499, 1979 Legislature; |
412 | |
413 | Thence Southerly, along said East right-of-way line |
414 | and said municipal boundary, to a point on the South |
415 | right-of-way line of Cypress Creek Road, said point |
416 | being on the municipal boundary of the City of Fort |
417 | Lauderdale, as established by Ordinance C-94-15 of the |
418 | City of Fort Lauderdale; |
419 | |
420 | Thence along said municipal boundary the following 6 |
421 | courses; |
422 | |
423 | Thence North 88°30'11" East, along the South right-of- |
424 | way line of Cypress Creek Road, a distance of 183.77 |
425 | feet to a point on the West right-of-way line of North |
426 | Andrews Avenue, as shown on the Florida Department of |
427 | Transportation right-of-way map section 86070-2497, |
428 | sheet 1 of 1, dated 02/87; |
429 | |
430 | Thence South 64°38'08" East, a distance of 69.17 feet; |
431 | |
432 | Thence South 10°54'48" East, a distance of 64.81 feet; |
433 | |
434 | Thence South 15°57'06" West, a distance of 191.81 feet |
435 | to the point of curvature of a curve concave to the |
436 | East; |
437 | |
438 | Thence Southerly along said curve, having a radius of |
439 | 1,014.93 feet, a central angle of 6°29'43", for a |
440 | distance of 115.06 feet to a point on a non-tangent |
441 | line; |
442 | |
443 | Thence South 16°02'01" West, to a point of |
444 | intersection with the South line of the North One-Half |
445 | (N 1/2), of the North One-Half (N 1/2), of the |
446 | Southwest One-Quarter (SW 1/4) of said Section 10, |
447 | said point being on the municipal boundary of the City |
448 | of Oakland Park, as established by House Bill 931, |
449 | 1983 Legislature; |
450 | |
451 | Thence Easterly, along said municipal boundary, to the |
452 | POINT OF BEGINNING. |
453 | Section 2. The areas described in Section 1 shall be |
454 | deemed a part of the City of Fort Lauderdale on September 15, |
455 | 2010, pursuant to section 171.062, Florida Statutes, except as |
456 | provided for in this act. |
457 | Section 3. An interlocal agreement shall be developed |
458 | between the governing bodies of Broward County and the City of |
459 | Fort Lauderdale and executed prior to the effective date of the |
460 | annexation of the property described in Section 1. The agreement |
461 | shall address infrastructure improvement projects and include a |
462 | financially feasible plan for transitioning county services, |
463 | buildings, infrastructure, waterways, and employees. |
464 | Section 4. Upon annexation into the City of Fort |
465 | Lauderdale, the area described in Section 1 shall be governed as |
466 | follows: |
467 | (1) The annexed property shall be governed by the relevant |
468 | land use and zoning provisions of the City of Fort Lauderdale |
469 | Code of Ordinances. |
470 | (2) Any change of the zoning districts or land use |
471 | designations may be accomplished only by enactment of the vote |
472 | of the majority of the full governing body of the municipality |
473 | plus one. |
474 | (3) Notwithstanding subsections (1) and (2), any use, |
475 | building, or structure that is legally in existence at the time |
476 | an area becomes a part of the City of Fort Lauderdale may not be |
477 | made a prohibited use by the City of Fort Lauderdale, on the |
478 | property of such use, for as long as the use continues and is |
479 | not voluntarily abandoned. |
480 | Section 5. After the effective date of this act, no change |
481 | in land use designation or zoning shall be effective within the |
482 | limits of the lands subject to annexation in this act until the |
483 | subject area has been annexed into the City of Fort Lauderdale |
484 | and no annexation within the subject area by any other |
485 | municipality shall occur during the time period between the |
486 | effective date of this act and the effective date of the |
487 | annexation. |
488 | Section 6. Any resident in the area to be annexed by this |
489 | act into the City of Fort Lauderdale shall be deemed to have met |
490 | any residency requirements for candidacy for municipal office. |
491 | Section 7. Nothing in this act may be construed to affect |
492 | or abrogate the rights of parties to any contracts, whether they |
493 | be between Broward County and a third party or between |
494 | nongovernmental entities, which contracts are in effect prior to |
495 | the effective date of the annexation. |
496 | Section 8. All public roads, and the public rights-of-way |
497 | associated therewith, in the Broward County Road System, lying |
498 | within the limits of the lands subject to annexation in this |
499 | act, as described in Section 1, are transferred from the |
500 | jurisdiction of Broward County to the jurisdiction of the City |
501 | of Fort Lauderdale on the effective date of annexation. All |
502 | rights, title, interests, and responsibilities for any |
503 | transferred roads, including, but not limited to, the ownership, |
504 | operation, maintenance, planning, design, and construction of |
505 | such roads and the rights-of-way associated therewith, shall |
506 | transfer from the jurisdiction and ownership of Broward County |
507 | to the jurisdiction and ownership of the City of Fort Lauderdale |
508 | on the effective date of annexation. |
509 | Section 9. This act shall take effect upon becoming a law. |