HomeMy WebLinkAboutCity of Tamarac Ordinance O-2007-002Temp Ord #2127
11 /27/06
Page 1 of 5
Revision #1 12/21/06
ORDINANCE NO. O-2007- 'L-
AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA,
SUBMITTING TO REFERENDUM THE ANNEXATION OF
THAT PORTION OF UNINCORPORATED BROWARD
COUNTY KNOWN AS THE BONIELLO GARDENS,
PROSPECT BEND, CONTINENTAL PLAZA ANNEXATION
AREAS, LEGALLY DESCRIBED IN EXHIBIT "A" WHICH IS
ATTACHED HERETO; PROVIDING FOR NOTICE OF
ADVERTISEMENT OF THE REFERENDUM ELECTION TO
BE PUBLISHED IN ACCORDANCE WITH THE LAWS OF
THE STATE OF FLORIDA, THE CODE OF ORDINANCES,
AND THE CHARTER OF THE CITY OF TAMARAC,
FLORIDA; PROVIDING THAT THIS ORDINANCE, WHEN
ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED
ELECTORS OF THE AREA PROPOSED TO BE ANNEXED,
ON EITHER THE MARCH, 2007 GENERAL ELECTION
BALLOT, OR PURSUANT TO A MAIL BALLOT TO BE
HELD AT A TIME TO BE DETERMINED BY THE
BROWARD COUNTY SUPERVISOR OF ELECTIONS, AND
SHALL BECOME EFFECTIVE AS PROVIDED BY THE
LAW; PROVIDING FOR THE PLACE AND PLACES
WHERE SAID ELECTION IS TO BE HELD; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 171.0143, Florida Statutes, as amended, provides for a
methodology whereby a municipality may propose annexation of an adjacent
unincorporated area through a referendum election held in the adjacent unincorporated
area; and,
WHEREAS, State of Florida Chapter Law 96-542 further provides that in Broward
County, the residents of the annexing municipality shall not be included in the referendum
election held pursuant to Section 171.0413, Florida Statutes; and,
WHEREAS, the City Commission of the City of Tamarac desires to annex the
unincorporated area adjacent to the City known as the Boniello Gardens, Prospect Bend,
Continental Plaza Annexation Areas as legally described in Exhibit "A" which is attached
hereto; and
WHEREAS, pursuant to Section 171.0413, Florida Statutes, the referendum
election shall be held in March, 2007, or pursuant to a mail ballot on a date to be
Page 1 of 5
Temp Ord #2127
11 /27/06
Page 2 of 5
Revision #1 12/21/06
determined by the Broward County Supervisor of Elections, following the required two
advertised public hearings and the adoption of an ordinance by the annexing municipality;
and,
WHEREAS, the City Commission has properly advertised the two public hearings,
heard from the public, and finds that it is in the best interest of the health, safety, and
welfare of the citizens and residents of the City as well as the citizens and residents of the
area proposed to be annexed that the referendum election be held in order to permit the
residents of the Boniello Gardens, Prospect Bend, Continental Plaza Annexation Areas to
decide whether they choose to be annexed into the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Ordinance
upon adoption hereof.
Section 2. The City Commission of the City of Tamarac, Florida ("City") finds
that the area adjacent to the City which is located in unincorporated Broward County,
known as the Boniello Gardens, Prospect Bend, Continental Plaza Annexation Areas,
which is legally described as provided in Exhibit "A" attached hereto, is contiguous to the
City, is compact and unincorporated, and subject to annexation by referendum pursuant to
Section 171.0413, Florida Statutes, as amended.
Section 3. The Mayor and City Manager are authorized to request a hearing
concerning the proposed annexation before the Broward County Legislative Delegation
Annexation Committee.
Section 4. The Mayor, City Manager, and City Clerk are hereby directed to take
all steps legally required to hold a referendum election for the residents of the Boniello
Gardens, Prospect Bend, Continental Plaza Annexation Areas, as more particularly
described in Exhibit "A" attached hereto, to determine whether they desire to be annexed
into the City of Tamarac.
Section 5. At the next Special or General Municipal Election on March 13, 2007,
or pursuant to a mail ballot referendum to be held at such time as determined by the
Broward County Supervisor of Elections, the following question shall be placed on the
ballot for consideration by the qualified electors of the proposed annexation area as more
particularly described in Exhibit "A" attached hereto, and shall read as follows:
Page 2 of 5
Temp Ord #2127
11 /27/06
Page 3 of 5
Revision #1 12/21/06
ANNEXATION OF UNINCORPORATED AREAS ADJACENT TO
COMMERCIAL BOULEVARD INTO THE CITY OF TAMARAC.
Shall the corporate limits of the City of Tamarac be amended to include the
areas adjacent to Commercial Boulevard known as Boniello Gardens,
Prospect Bend, and Continental Plaza?
YES ❑ NO 0
Section 6. The individual electors entitled to vote at the referendum election
shall either use a mail ballot pursuant to Section 101.6101, et. seq., Florida Statutes, or
place their votes at polling places designated by the Supervisor of Elections for Broward
County, or as otherwise designated in conformance with the laws of the State of Florida.
Section 7. If a majority of the electors voting in the referendum election vote for
the annexation that the Mayor and City Manager are directed to request a public hearing
before the Broward County Legislative Delegation prior to the conclusion of the 2007 State
of Florida Legislative Session.
Section 8. The effective date of annexation shall be September 15, 2007, and
on that date, the corporate limits of the City of Tamarac shall be amended to include the
Boniello Gardens, Prospect Bend, Continental Plaza Annexation Areas as more
particularly described in Exhibit "A" attached hereto.
Section 9. As of the effective date of annexation, the City of Tamarac shall
have all powers and responsibilities within the annexation area as provided in section
171.062, F.S..
Section 10. Upon annexation into the City of Tamarac, the following shall
govern the areas described in the Boniello Gardens, Prospect Bend, Continental Plaza
Annexation Areas as provided in this ordinance: for any use, building, or structure that
is legally in existence at the time the Boniello Gardens, Prospect Bend, Continental
Plaza Annexation Areas become a part of the City of Tamarac, such use shall not be
made a prohibited use by the City of Tamarac, on the property of said use, for as long
as the use shall continue and is not voluntarily abandoned.
Section 11. Subsequent to the effective date of this ordinance, no change in
land use designation or zoning shall be effective within the limits of the lands subject to
annexation herein, until the Boniello Gardens, Prospect Bend, Continental Plaza
Annexation Areas have been annexed into the City of Tamarac, pursuant to this act.
Page 3 of 5
Temp Ord #2127
11 /27/06
Page 4 of 5
Revision #1 12/21/06
Section 12. All public roads and the public rights of way associated therewith,
on the Broward County road system, lying within the limits of the lands subject to
annexation herein, as described in Section 1, are transferred from Broward County
jurisdiction to the jurisdiction of the City of Tamarac except for those portions of
Commercial Boulevard and NW 31st Avenue lying within the annexation area. All rights,
title, interests and responsibilities for any transferred roads, including but not limited to,
the right of way associated therewith shall transfer from Broward County jurisdiction and
ownership to the jurisdiction and ownership of the City of Tamarac upon the effective
date of the annexation.
Section 13. Any resident in the area to be annexed by this act into the City of
Tamarac, shall be deemed to have met any residency requirements for candidacy.
Section 14. Upon the effective date of the annexation, the City of Tamarac shall
be responsible for and embodied with all municipal powers granted in Chapter 166,
Florida Statutes, over territory hereby annexed.
Section 15. Nothing in this chapter shall be construed to affect or abrogate the
rights of parties to any contracts, whether the same be between Broward County and a
third party or between non -governmental entities, which contracts are in effect prior to
the effective date of annexation.
Section 16. Advertisement. The City Clerk of the City of Tamarac is hereby
authorized and directed to advertise the referendum election contemplated herein all in
accordance with the Code of Ordinances of the City of Tamarac, Florida, and the Laws of
the State of Florida.
Section 17. Severabillity. If any clause, section, or other part of this Ordinance
shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part shall be considered as eliminated and in no way affecting
the validity of the other provisions of this Ordinance.
Section 18. Conflicts. All Ordinances or parts of Ordinances, Resolutions, or
parts of Resolutions in conflict herewith, be and the same are hereby repealed to the
extent of such conflict.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Page 4 of 5
1
Section 19. Effective Date.
its adoption.
Temp Ord #2127
11 /27/06
Page 5 of 5
Revision #1 12/21 /06
This Ordinance shall take effect immediately upon
PASSED, FIRST READING this 13th DAY OF Decem r, 2006.
PASSED, SECOND READING this O DAY OF , 2007.
BY: &k�
MAYOR BETH FLANSBAUM-T LABIS
ATTEST:
MARION-SWE SON, CIVIC
CITY CLERK
1
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form:
SAMUEL
CITY AT1
1
4/P7-
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR TALABISCO Ar
DIST 1: V/M PORTNER
DIST 2: COMM. ATKINS-GRAD
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
RECORD OF COMMISSION VOTE: 2No Reading
MAYOR TALABISCO C
DIST 1: V/M PORTNER
DIST 2: COMM. ATKINS-GRAD
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
Page 5 of 5
EXHIBIT "A"
TO #2127
Prospect Field Road/West Commercial Blvd. Annexation Bounds
A portion of Section 17, Township 49 South, Range 42 East, Broward County,
Florida, more particularly described as follows:
BEGIN at the point of intersection of the North line of the Southeast One -Quarter
(SE 114) of the Northeast One-Quarter(NE 114) of said Section 17 with the East
line of the West One -Half (W %) of the Southeast One -Quarter (SE 114) of the
Northeast One -Quarter (NE 114) of said Section 17, said point being on the
municipal boundary of the City of Tamarac, as established by Ordinance No.
0-81-17 of the City of Tamarac;
Thence along said municipal boundary the following 3 courses;
Thence Westerly, along said North line, to a point 50.00 feet East of the West
line of the Southeast One -Quarter (SE 114) of the Northeast One -Quarter (NE
114) of said Section 17;
Thence Southerly, along a line 50.00 feet East of and parallel with the West line
of the Southeast One -Quarter (SE 114) of the Northeast One -Quarter (NE 114) of
said section 17, said line being the East right of way line of Prospect Field Road,
to a point of intersection with the South line of the North One -Half (N 112) of the
Northwest One -Quarter (NW 114) of the Southeast One -Quarter (SE 114) of the
Northeast One -Quarter (NE 114) of said Section 17;
Thence Easterly, along said South line, to the Southeast corner of the North
One -Half (N 112) of the Northwest One -Quarter (NW 114) of the Southeast One -
Quarter (SE 114) of the Northeast One -Quarter (NE 114) of said Section 17, said
point being on the municipal boundary of the City of Fort Lauderdale, as
established by Chapter 71-640, Laws of Florida;
Thence Northerly, along the East line of the Northwest One -Quarter (NW 114) of
the Southeast One -Quarter (SE 114) of the Northeast One -Quarter (NE 114) of
said Section 17, and along said municipal boundary to the POINT OF
BEGINNING.
"Prospect Field Road/NW 31 Avenue" Annexation Boundar,�r
A portion of Sections 8 and 17, Township 49 South, Range 42 East, Broward
County, Florida, described as follows:
BEGIN at the point of intersection of the North right of way line of Prospect Field
Road with a line 264 feet East of and parallel with the West line of said Section
8, said point being on the municipal boundary of the City of Fort Lauderdale, as
established by Chapter 71-640, Laws of Florida;
Thence along said municipal boundary the following 3 courses,
Thence Easterly, along said North right of way line, to the North line of said
Section 17;
Thence Easterly, along said North line of Section 17, to the West line of Lot 11
of, LITTLE FARMS, according to the plat thereof, as recorded in Plat Book 27,
Page 29 of the Public Records of Broward County, Florida;
Thence Southerly, along said West line and the Southerly prolongation thereof,
to the centerline of Orange Street as shown on said plat of, LITTLE FARMS,
said point being on the municipal boundary of the City of Fort Lauderdale, as
established by Ordinance No. C-87-10 of the City of Fort Lauderdale;
Thence Southerly, along the West line of Lot 30 of said plat and the Northerly
prolongation thereof and said municipal boundary, to a point on the South line of
the Northwest One -Quarter (NW 114) of the Northwest One -Quarter (NW 114) of
the Northeast One -Quarter (NE 114) of said Section 17, said point being on the
municipal boundary of the City of Tamarac, as established by Ordinance No. 0-
81-17 of the City of Tamarac.
Thence along said municipal boundary of the City of Tamarac the following 3
courses;
Thence Westerly, along said South line, to the Southwest corner of the Northeast
One -Quarter (NE 114) of the Northeast One -Quarter (NE 114) of the Northwest
One -Quarter (NW 114) of said Section 17;
Thence Southerly to the Southeast corner of the Southwest One -Quarter
(SW1/4) of the Northeast One -Quarter (NE 114) of the Northwest One -Quarter
(NW 114) of said Section 17;
Thence Westerly to the Southwest comer of the Southwest One -Quarter (SW1/4)
of the Northeast One -Quarter (NE 114) of the Northwest One -Quarter (NW 114) of
said Section 17, said point being on the municipal boundary of the City of Fort
Lauderdale, as established by Ordinance No. C-72-22 of the City of Fort
Lauderdale;
Thence along said municipal boundary the following 4 courses;
Thence Westerly, along the South line of the Northwest One. -Quarter (NW 114) of
the Northwest One -Quarter (NW 114) of said Section 17, to the West line of said
Section 17;
8, said point being on the municipal boundary of the City of Fort Lauderdale, as
established by Chapter 71-640, Laws of Florida;
Thence along said municipal boundary the following 3 courses;
Thence Easterly, along said North right of way line, to the North line of said
Section 17;
Thence Easterly, along said North line of Section 17, to the West line of Lot 11
of, LITTLE FARMS, according to the plat thereof, as recorded in Plat Book 27,
Page 29 of the Public Records of Broward County, Florida, -
Thence Southerly, along said West line and the Southerly prolongation thereof,
to the centerline of Orange Street as shown on said plat of, LITTLE FARMS,
said point being on the municipal boundary of the City of Fort Lauderdale, as
established by Ordinance No. C-87-10 of the City of Fort Lauderdale;
Thence Southerly, along the West line of Lot 30 of said plat and the Northerly
prolongation thereof and said municipal boundary, to a point on the South line of
the Northwest One -Quarter (NW 114) of the Northwest One -Quarter (NW 114) of
the Northeast One -Quarter (NE 114) of said Section 17, said point being on the
municipal boundary of the City of Tamarac, as established by Ordinance No. 0-
81-17 of the City of Tamarac.
Thence along said municipal boundary of the City of Tamarac the following 3
courses;
Thence Westerly, along said South line, to the Southwest corner of the Northeast
One -Quarter (NE 114) of the Northeast One -Quarter (NE 114) of the Northwest
One -Quarter (NW 114) of said Section 17;
Thence Southerly to the Southeast corner of the Southwest One -Quarter
(SW1/4) of the Northeast One -Quarter (NE 114) of the Northwest One -Quarter
(NW 114) of said Section 17;
Thence Westerly to the Southwest corner of the Southwest One -Quarter (SW1/4)
of the Northeast One -Quarter (NE 114) of the Northwest One -Quarter (NW 114) of
said Section 17, said point being on the municipal boundary of the City of Fort
Lauderdale, as established by Ordinance No. C-72-22 of the City of Fort
Lauderdale;
Thence along said municipal boundary the following 4 courses;
Thence Westerly, along the South line of the Northwest One -Quarter (NW 114) of
the Northwest One -Quarter (NW 114) of said Section 17, to the West line of said
Section IT,
Thence Northerly, along said West line, to the South line of the West 264 feet of
the North One -Half (N %) of the North One -Half (N %) of the Northwest One -
Quarter. (NW 114) of the Northwest One -Quarter (NW 114) of said Section 17;
Thence Easterly, along said South line, to the Southeast corner thereof;
Thence Northerly, along the East line thereof, to the POINT OF BEGINNING.
"Continental Plaza" Annexation Boundary
A portion of Section 18, Township 49 South, Range 42 East, Broward County,
Florida, more particularly described as follows:
BEGIN at the intersection of the South right of way line of West Commercial
Boulevard (NW 50th Street), being 555 feet South of and parallel with the North
line of the Southwest One -Quarter (SW 114) of said Section 18, with the West
line of the East 331.00 feet of the West 631.00 feet of the East 861.35 feet
(measured at right angles) of the North 1,011.04 feet of the Southwest One -
Quarter (SW 114) of said Section 18, said point being on the municipal boundary
of the City of Tamarac, as established by Ordinance No. 0-81-17 of the City of
Tamarac;
Thence Westerly along said South right of way line and along said municipal
boundary to a line 861.35 feet West of and parallel with the East line of the
Southwest One -Quarter (SW 114) of said Section 18;
Thence Southerly along said parallel line and said municipal boundary to a
line 1, 0 11. 04 feet South of and parallel with the North line of the said Southwest
One -Quarter (SW 114), said point being on the municipal boundary of the City of
Lauderdale Lakes, as established by Chapter 84-463, Laws of Florida;
Thence Easterly along said parallel line and said municipal boundary to the West
line of the East 331.00 feet of the West 631.00 feet of the East 861.35 feet
(measured at right angles) of the North 1,011.04 feet of the Southwest One -
Quarter (SW 114) of said Section 18, said point being on the municipal boundary
of the City of Lauderdale Lakes, as established by Ordinance No. 87-10 of the
City of Lauderdale Lakes;
Thence Northerly along said West line and said municipal boundary to the
POINT OF BEGINNING.
"West Commercial Boulevard/NW 315f Avenue" Annexation Boundary
A portion of Section 18, Township 49 South, Range 42 East, Broward County,
Florida, described as follows:
BEGIN at the intersection of the North right of way line of West Commercial
Boulevard with a line 53.00 feet West of and parallel with the East line of the
Southeast One -Quarter (SE %) of said Section 18, said point being on the
municipal boundary of the City of Fort Lauderdale, as established by Ordinance
No. C-72-22 of the City of Fort Lauderdale;
Thence along said municipal boundary the following 3 courses;
Thence Northerly, along said parallel line, to a line 200 feet North of and parallel
with the North right of way line of West Commercial Boulevard;
Thence Westerly, along said parallel line, to a line 253 feet West of and parallel
with the East line of the Southeast One -Quarter (SE %) of said Section 18,
Thence Southerly, along said parallel line, to a point on the North right of way line
of said West Commercial Boulevard, said point being on the municipal boundary
of the City of Tamarac, as established by Ordinance No. 0-81-17 of the City of
Tamarac, -
Thence Easterly along said North right of way line and said municipal boundary
to the POINT OF BEGINNING.
HA2005\050164 TAMARAMNNEXATION\Exhbiit A to Annexation Ordinance.doc
No Text