CS/HB 775

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

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