CS/HB 1163

1	A bill to be entitled
2	An act relating to the City of Tamarac, Broward County;
3	providing boundaries; extending and enlarging the
4	corporate limits of the City of Tamarac to include
5	specified unincorporated lands within said corporate
6	limits; providing for an election; providing for an
7	effective date of annexation; providing for an interlocal
8	agreement; providing for the transfer of public roads and
9	rights-of-way; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Prospect Field Road/N.W. 31st Avenue Annexation
14	Boundary is described as follows:
15
16	A portion of Sections 8 and 17, Township 49 South,
17	Range 42 East, Broward County, Florida, described as
18	follows: BEGIN at the point of intersection of the
19	North right of way line of Prospect Field Road with a
20	line 264 feet East of and parallel with the West line
21	of said Section 8, said point being on the municipal
22	boundary of the City of Fort Lauderdale, as
23	established by Chapter 71-640, Laws of Florida; Thence
24	along said municipal boundary the following 3 courses;
25	Thence Easterly, along said North right of way line,
26	to the North line of said Section 17; Thence Easterly,
27	along said North line of Section 17, to the West line
28	of Lot 11 of, LITTLE FARMS, according to the plat
29	thereof, as recorded in Plat Book 27, Page 29 of the
30	Public Records of Broward County, Florida; Thence
31	Southerly, along said West line and the Southerly
32	prolongation thereof, to the centerline of Orange
33	Street as shown on said plat of, LITTLE FARMS, said
34	point being on the municipal boundary of the City of
35	Fort Lauderdale, as established by Ordinance No. C-87-
36	10 of the City of Fort Lauderdale; Thence Southerly,
37	along the West line of Lot 30 of said plat and the
38	Northerly prolongation thereof and said municipal
39	boundary, to a point on the South line of the
40	Northwest One-Quarter (NW 1/4) of the Northwest One-
41	Quarter (NW 1/4) of the Northeast One-Quarter (NE 1/4)
42	of said Section 17, said point being on the municipal
43	boundary of the City of Tamarac, as established by
44	Ordinance No. 0-81-17 of the City of Tamarac. Thence
45	along said municipal boundary of the City of Tamarac
46	the following 3 courses; Thence Westerly, along said
47	South line, to the Southwest corner of the Northeast
48	One-Quarter (NE 1/4) of the Northeast One-Quarter (NE
49	1/4) of the Northwest One-Quarter (NW 1/4) of said
50	Section 17; Thence Southerly to the Southeast corner
51	of the Southwest One-Quarter (SW 1/4) of the Northeast
52	One-Quarter (NE 1/4) of the Northwest One-Quarter (NW
53	1/4) of said Section 17;
54
55	Thence Westerly to the Southwest corner of the
56	Southwest One-Quarter (SW 1/4) of the Northeast One-
57	Quarter (NE 1/4) of the Northwest One-Quarter (NW 1/4)
58	of said Section 17, said point being on the municipal
59	boundary of the City of Fort Lauderdale, as
60	established by Ordinance No. C-72-22 of the City of
61	Fort Lauderdale; Thence along said municipal boundary
62	the following 4 courses;
63
64	Thence Westerly, along the South line of the Northwest
65	One-Quarter (NW 1/4) of the Northwest One-Quarter (NW
66	1/4) of said Section 17, to the West line of said
67	Section 17; Thence Northerly, along said West line, to
68	the South line of the West 264 feet of the North One-
69	Half (N 1/2) of the North One-Half (N 1/2) of the
70	Northwest One-Quarter (NW 1/4) of the Northwest One-
71	Quarter (NW 1/4) of said Section 17; Thence Easterly,
72	along said South line, to the Southeast corner
73	thereof;
74
75	Thence Northerly, along the East line thereof, to the
76	POINT OF BEGINNING.
77
78	Section 2.  The legal descriptions of the areas referred to
79	in this bill are as follows:
80	(1)  Continental Plaza Annexation Boundary is described as
81	follows:
82
83	A portion of Section 18, Township 49 South, Range 42
84	East, Broward County, Florida, more particularly
85	described as follows:
86
87	BEGIN at the intersection of a line 861.35 feet West
88	of and parallel with the East line of the Southwest
89	One-Quarter (SW 1/4) of said Section 18 with the South
90	line of the North 1,011.04 feet of the Southwest One-
91	Quarter (SW 1/4) of said Section 18, said point being
92	on the municipal boundary of the City of Lauderdale
93	Lakes, as established by Chapter 84-463, Laws of
94	Florida;
95
96	Thence Easterly along said South line and said
97	municipal boundary to the West line of the East 331.00
98	feet of the West 631.00 feet of the East 861.35 feet
99	(measured at right angles) of the North 1,011.04 feet
100	of the Southwest One-Quarter (SW 1/4) of said Section
101	18, said point being on the municipal boundary of the
102	City of Lauderdale Lakes, as established by Ordinance
103	No. 87-10 of the City of Lauderdale Lakes;
104
105	Thence Northerly along said West line and said
106	municipal boundary to the South line of the North 565
107	feet of the East 861.35 feet of the Southwest One-
108	Quarter (SW 1/4) of said Section 18;
109
110	Thence Westerly along said South line to a line 861.35
111	feet West of and parallel with the East line of the
112	Southwest One-Quarter (SW 1/4) of said Section 18,
113	said point being on the municipal boundary of the City
114	of Tamarac, as established by Ordinance No. 0-81-17 of
115	the City of Tamarac;
116
117	Thence Southerly along said parallel line and said
118	municipal boundary to the POINT OF BEGINNING,
119
120	TOGETHER WITH;
121
122	The South 10 feet of the North 565 feet of the West
123	731.35 feet of the East 861.35 feet of the Southwest
124	One-Quarter (SW 1/4) of said Section 18.
125
126	(2)  West Commercial Boulevard/NW 31st Avenue Annexation
127	Boundary is described as follows:
128
129	A portion of Section 18, Township 49 South, Range 42
130	East, Broward County, Florida, described as follows:
131	BEGIN at the intersection of the North right of way
132	line of West Commercial Boulevard with a line 53.00
133	feet West of and parallel with the East line of the
134	Southeast One-Quarter (SE 1/4) of said Section 18,
135	said point being on the municipal boundary of the City
136	of Fort Lauderdale, as established by Ordinance No. C-
137	72-22 of the City of Fort Lauderdale; Thence along
138	said municipal boundary the following 3 courses;
139	Thence Northerly, along said parallel line, to a line
140	200 feet North of and parallel with the North right of
141	way line of West Commercial Boulevard; Thence
142	Westerly, along said parallel line, to a line 253 feet
143	West of and parallel with the East line of the
144	Southeast One-Quarter (SE 1/4) of said Section 18;
145	Thence Southerly, along said parallel line, to a point
146	on the North right of way line of said West Commercial
147	Boulevard, said point being on the municipal boundary
148	of the City of Tamarac, as established by Ordinance
149	No. 0-81-17 of the City of Tamarac;
150
151	Thence Easterly along said North right of way line and
152	said municipal boundary to the POINT OF BEGINNING.
153
154	Section 3.  The Broward County Board of County
155	Commissioners shall schedule an election on March 11, 2008, in
156	accordance with the provisions of the law relating to elections
157	currently in force in Broward County. The subject of said
158	election shall be the annexation of the subject area described
159	in section 1. Only registered voters residing in the subject
160	area as described in this act may vote in said election. Mail
161	ballots shall not be used in this election; however, voters may
162	vote by absentee ballots, as provided by law.
163	Section 4.  Upon a majority of the registered voters
164	residing in the subject area voting for annexation into the City
165	of Tamarac, the area described in section 1, the Prospect Field
166	Road/N.W. 31st Avenue Annexation Boundary, shall be deemed a
167	part of said municipality on September 15, 2008, pursuant to
168	section 171.062, Florida Statutes, and chapters 96-542 and 99-
169	447, Laws of Florida, except as provided in this act.
170	Section 5.  The areas described in section 2, the
171	Continental Plaza Annexation Boundary and the West Commercial
172	Boulevard/NW 31st Avenue Annexation Boundary, shall be deemed a
173	part of the City of Tamarac on September 15, 2008, pursuant to
174	section 171.062, Florida Statutes, and chapters 96-542 and 99-
175	447, Laws of Florida.
176	Section 6.  An interlocal agreement shall be developed
177	between the governing bodies of Broward County and the City of
178	Tamarac and executed prior to the effective date of the
179	annexation, as provided in sections 4 and 5. The agreement shall
180	address infrastructure improvement projects and include a
181	financially feasible plan for transitioning county services,
182	buildings, infrastructure, waterways, and employees.
183	Section 7.  Upon annexation into the municipality, the
184	areas described in sections 1 and 2 shall be governed by the
185	relevant land use and zoning provisions of the City of Tamarac's
186	Code of Ordinances. Any change of the zoning districts or land
187	use designations may only be accomplished by enactment of the
188	vote of the majority of the full governing body of the
189	municipality plus one. Notwithstanding sections 1 and 2, any use,
190	building, or structure that is legally in existence at the time
191	of annexation shall not be made a prohibited use by the City of
192	Tamarac, on the property of said use, for as long as the use
193	shall continue and not be voluntarily abandoned.
194	Section 8.  Subsequent to the effective date of this act,
195	no change in land use designation or zoning shall be effective
196	within the limits of the lands subjected to annexation herein
197	until the subject area has been annexed into the municipality;
198	and no annexation within the subject area by any municipality
199	shall occur during the time period between the effective date of
200	this act and the effective date of the annexation.
201	Section 9.  Any resident of the area annexed by this act
202	into the City of Tamarac shall be deemed to have met any
203	residency requirements for candidacy for municipal office.
204	Section 10.  Nothing in this act shall be construed to
205	affect or abrogate the rights of parties to any contracts,
206	whether the same be between Broward County and a third party or
207	between nongovernmental entities, which contracts are in effect
208	prior to the effective date of the annexation.
209	Section 11.  All rights, title, interests, and
210	responsibilities for all public roads and the public rights-of-
211	way associated therewith in the Broward County Road System
212	within the limits of the land described in sections 1 and 2,
213	except for Prospect Field Road, including, but not limited to,
214	the ownership, operation, maintenance, planning, design, and
215	construction of said roads and rights-of-way, shall transfer
216	from Broward County jurisdiction and ownership to the
217	jurisdiction and ownership of the City of Tamarac upon the
218	effective date of the annexation.
219	Section 12.  This act shall take effect upon becoming a
220	law.

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