| 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 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 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 |
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| 22 | Prospect Field Road/West Commercial Boulevard |
| 23 | Annexation Boundary is described as follows: |
| 24 |
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| 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 |
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| 61 | Prospect Field Road/N.W. 31st Avenue Annexation |
| 62 | Boundary is described as follows: |
| 63 |
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| 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 |
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| 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. |