CS/HB 1163

1
A bill to be entitled
2An act relating to the City of Tamarac, Broward County;
3providing boundaries; extending and enlarging the
4corporate limits of the City of Tamarac to include
5specified unincorporated lands within said corporate
6limits; providing for an election; providing for an
7effective date of annexation; providing for an interlocal
8agreement; providing for the transfer of public roads and
9rights-of-way; providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  (1)  Prospect Field Road/West Commercial
14Boulevard Annexation Boundary is described as follows:
15
16A portion of Section 17, Township 49 South, Range 42
17East, Broward County, Florida, more particularly
18described as follows: BEGIN at the point of
19intersection of the North line of the Southeast One-
20Quarter (SE 1/4) of the Northeast One-Quarter (NE 1/4)
21of said Section 17 with the East line of the West One-
22Half (W 1/2) of the Southeast One-Quarter (SE 1/4) of
23the Northeast One-Quarter (NE 1/4) of said Section 17,
24said point being on the municipal boundary of the City
25of Tamarac, as established by Ordinance No. 0-81-17 of
26the City of Tamarac; Thence along said municipal
27boundary the following 3 courses; Thence Westerly,
28along said North line, to a point 50.00 feet East of
29the West line of the Southeast One-Quarter (SE 1/4) of
30the Northeast One-Quarter (NE 1/4) of said Section 17;
31Thence Southerly, along a line 50.00 feet East of and
32parallel with the West line of the Southeast One-
33Quarter (SE 1/4) of the Northeast One-Quarter (NE 1/4)
34of said section 17, said line being the East right of
35way line of Prospect Field Road, to a point of
36intersection with the South line of the North One-Half
37(N 1/2) of the Northwest One-Quarter (NW 1/4) of the
38Southeast One-Quarter (SE 1/4) of the Northeast One-
39Quarter (NE 1/4) of said Section 17; Thence Easterly,
40along said South line, to the Southeast corner of the
41North One-Half (N 1/2) of the Northwest One-Quarter
42(NW 1/4) of the Southeast One-Quarter (SE 1/4) of the
43Northeast One-Quarter (NE 1/4) of said Section 17,
44said point being on the municipal boundary of the City
45of Fort Lauderdale, as established by Chapter 71-640,
46Laws of Florida; Thence Northerly, along the East line
47of the Northwest One-Quarter (NW 1/4) of the Southeast
48One-Quarter (SE 1/4) of the Northeast One-Quarter (NE
491/4) of said Section 17,and along said municipal
50boundary to the POINT OF BEGINNING.
51
52     (2)  Prospect Field Road/N.W. 31st Avenue Annexation
53Boundary is described as follows:
54
55A portion of Sections 8 and 17, Township 49 South,
56Range 42 East, Broward County, Florida, described as
57follows: BEGIN at the point of intersection of the
58North right of way line of Prospect Field Road with a
59line 264 feet East of and parallel with the West line
60of said Section 8, said point being on the municipal
61boundary of the City of Fort Lauderdale, as
62established by Chapter 71-640, Laws of Florida; Thence
63along said municipal boundary the following 3 courses;
64Thence Easterly, along said North right of way line,
65to the North line of said Section 17; Thence Easterly,
66along said North line of Section 17, to the West line
67of Lot 11 of, LITTLE FARMS, according to the plat
68thereof, as recorded in Plat Book 27, Page 29 of the
69Public Records of Broward County, Florida; Thence
70Southerly, along said West line and the Southerly
71prolongation thereof, to the centerline of Orange
72Street as shown on said plat of, LITTLE FARMS, said
73point being on the municipal boundary of the City of
74Fort Lauderdale, as established by Ordinance No. C-87-
7510 of the City of Fort Lauderdale; Thence Southerly,
76along the West line of Lot 30 of said plat and the
77Northerly prolongation thereof and said municipal
78boundary, to a point on the South line of the
79Northwest One-Quarter (NW 1/4) of the Northwest One-
80Quarter (NW 1/4) of the Northeast One-Quarter (NE 1/4)
81of said Section 17, said point being on the municipal
82boundary of the City of Tamarac, as established by
83Ordinance No. 0-81-17 of the City of Tamarac. Thence
84along said municipal boundary of the City of Tamarac
85the following 3 courses; Thence Westerly, along said
86South line, to the Southwest corner of the Northeast
87One-Quarter (NE 1/4) of the Northeast One-Quarter (NE
881/4) of the Northwest One-Quarter (NW 1/4) of said
89Section 17; Thence Southerly to the Southeast corner
90of the Southwest One-Quarter (SW 1/4) of the Northeast
91One-Quarter (NE 1/4) of the Northwest One-Quarter (NW
921/4) of said Section 17;
93
94Thence Westerly to the Southwest corner of the
95Southwest One-Quarter (SW 1/4) of the Northeast One-
96Quarter (NE 1/4) of the Northwest One-Quarter (NW 1/4)
97of said Section 17, said point being on the municipal
98boundary of the City of Fort Lauderdale, as
99established by Ordinance No. C-72-22 of the City of
100Fort Lauderdale; Thence along said municipal boundary
101the following 4 courses;
102
103Thence Westerly, along the South line of the Northwest
104One-Quarter (NW 1/4) of the Northwest One-Quarter (NW
1051/4) of said Section 17, to the West line of said
106Section 17; Thence Northerly, along said West line, to
107the South line of the West 264 feet of the North One-
108Half (N 1/2) of the North One-Half (N 1/2) of the
109Northwest One-Quarter (NW 1/4) of the Northwest One-
110Quarter (NW 1/4) of said Section 17; Thence Easterly,
111along said South line, to the Southeast corner
112thereof;
113
114Thence Northerly, along the East line thereof, to the
115POINT OF BEGINNING.
116
117     Section 2.  The legal descriptions of the areas referred to
118in this bill are as follows:
119     (1)  Continental Plaza Annexation Boundary is described as
120follows:
121
122A portion of Section 18, Township 49 South, Range 42
123East, Broward County, Florida, more particularly
124described as follows:
125
126BEGIN at the intersection of a line 861.35 feet West
127of and parallel with the East line of the Southwest
128One-Quarter (SW 1/4) of said Section 18 with the South
129line of the North 1,011.04 feet of the Southwest One-
130Quarter (SW 1/4) of said Section 18, said point being
131on the municipal boundary of the City of Lauderdale
132Lakes, as established by Chapter 84-463, Laws of
133Florida;
134
135Thence Easterly along said South line and said
136municipal boundary to the West line of the East 331.00
137feet of the West 631.00 feet of the East 861.35 feet
138(measured at right angles) of the North 1,011.04 feet
139of the Southwest One-Quarter (SW 1/4) of said Section
14018, said point being on the municipal boundary of the
141City of Lauderdale Lakes, as established by Ordinance
142No. 87-10 of the City of Lauderdale Lakes;
143
144Thence Northerly along said West line and said
145municipal boundary to the South line of the North 565
146feet of the East 861.35 feet of the Southwest One-
147Quarter (SW 1/4) of said Section 18;
148
149Thence Westerly along said South line to a line 861.35
150feet West of and parallel with the East line of the
151Southwest One-Quarter (SW 1/4) of said Section 18,
152said point being on the municipal boundary of the City
153of Tamarac, as established by Ordinance No. 0-81-17 of
154the City of Tamarac;
155
156Thence Southerly along said parallel line and said
157municipal boundary to the POINT OF BEGINNING,
158
159TOGETHER WITH;
160
161The South 10 feet of the North 565 feet of the West
162731.35 feet of the East 861.35 feet of the Southwest
163One-Quarter (SW 1/4) of said Section 18.
164
165     (2)  West Commercial Boulevard/NW 31st Avenue Annexation
166Boundary is described as follows:
167
168A portion of Section 18, Township 49 South, Range 42
169East, Broward County, Florida, described as follows:
170BEGIN at the intersection of the North right of way
171line of West Commercial Boulevard with a line 53.00
172feet West of and parallel with the East line of the
173Southeast One-Quarter (SE 1/4) of said Section 18,
174said point being on the municipal boundary of the City
175of Fort Lauderdale, as established by Ordinance No. C-
17672-22 of the City of Fort Lauderdale; Thence along
177said municipal boundary the following 3 courses;
178Thence Northerly, along said parallel line, to a line
179200 feet North of and parallel with the North right of
180way line of West Commercial Boulevard; Thence
181Westerly, along said parallel line, to a line 253 feet
182West of and parallel with the East line of the
183Southeast One-Quarter (SE 1/4) of said Section 18;
184Thence Southerly, along said parallel line, to a point
185on the North right of way line of said West Commercial
186Boulevard, said point being on the municipal boundary
187of the City of Tamarac, as established by Ordinance
188No. 0-81-17 of the City of Tamarac;
189
190Thence Easterly along said North right of way line and
191said municipal boundary to the POINT OF BEGINNING.
192
193     Section 3.  The Broward County Board of County
194Commissioners shall schedule an election on March 11, 2008, in
195accordance with the provisions of the law relating to elections
196currently in force in Broward County. The subject of said
197election shall be the annexation of the subject areas described
198in section 1. Only registered voters residing in the subject
199areas as described in this act may vote in said election. Mail
200ballots shall not be used in this election; however, voters may
201vote by absentee ballots, as provided by law.
202     Section 4.  Upon a majority of the registered voters
203residing in the subject areas voting for annexation into the
204City of Tamarac, the areas described in section 1, the Prospect
205Field Road/West Commercial Boulevard Annexation Boundary and the
206Prospect Field Road/N.W. 31st Avenue Annexation Boundary, shall
207be deemed a part of said municipality on September 15, 2008,
208pursuant to section 171.062, Florida Statutes, and chapters 96-
209542 and 99-447, Laws of Florida, except as provided in this act.
210     Section 5.  The areas described in section 2, the
211Continental Plaza Annexation Boundary and the West Commercial
212Boulevard/NW 31st Avenue Annexation Boundary, shall be deemed a
213part of the City of Tamarac on September 15, 2008, pursuant to
214section 171.062, Florida Statutes, and chapters 96-542 and 99-
215447, Laws of Florida.
216     Section 6.  An interlocal agreement shall be developed
217between the governing bodies of Broward County and the City of
218Tamarac and executed prior to the effective date of the
219annexation, as provided in sections 4 and 5. The agreement shall
220address infrastructure improvement projects and include a
221financially feasible plan for transitioning county services,
222buildings, infrastructure, waterways, and employees.
223     Section 7.  Upon annexation into the municipality, the
224areas described in sections 1 and 2 shall be governed by the
225relevant land use and zoning provisions of the City of Tamarac's
226Code of Ordinances. Any change of the zoning districts or land
227use designations may only be accomplished by enactment of the
228vote of the majority of the full governing body of the
229municipality plus one. Notwithstanding sections 1 and 2, any
230use, building, or structure that is legally in existence at the
231time of annexation shall not be made a prohibited use by the
232City of Tamarac, on the property of said use, for as long as the
233use shall continue and not be voluntarily abandoned.
234     Section 8.  Subsequent to the effective date of this act,
235no change in land use designation or zoning shall be effective
236within the limits of the lands subjected to annexation herein
237until the subject area has been annexed into the municipality;
238and no annexation within the subject area by any municipality
239shall occur during the time period between the effective date of
240this act and the effective date of the annexation.
241     Section 9.  Any resident of the area annexed by this act
242into the City of Tamarac shall be deemed to have met any
243residency requirements for candidacy for municipal office.
244     Section 10.  Nothing in this act shall be construed to
245affect or abrogate the rights of parties to any contracts,
246whether the same be between Broward County and a third party or
247between nongovernmental entities, which contracts are in effect
248prior to the effective date of the annexation.
249     Section 11.  All rights, title, interests, and
250responsibilities for all public roads and the public rights-of-
251way associated therewith in the Broward County Road System
252within the limits of the land described in sections 1 and 2,
253except for Prospect Field Road, including, but not limited to,
254the ownership, operation, maintenance, planning, design, and
255construction of said roads and rights-of-way shall transfer from
256Broward County jurisdiction and ownership to the jurisdiction
257and ownership of the City of Tamarac upon the effective date of
258the annexation.
259     Section 12.  This act shall take effect upon becoming a
260law.


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