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Home My WebLink AboutCity of Tamarac Ordinance O-2007-008Temp. Ord. #2131 1 /29/07 Page 1 of 5 Rev. #1 — 01/29/07 CITY OF TAMARAC ORDINANCE NO. 0-2007-0 AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA, AMENDING ORDINANCE NO. 0-2007-02 RELATED TO THE REFERENDUM AND ANNEXATION OF THAT PORTION OF UNINCORPORATED BROWARD COUNTY KNOWN AS BONIELLO GARDENS, 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, IN MARCH, 2007 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, on January 10, 2007, the City Commission adopted Ordinance No. 0- 2007-02 (the "Ordinance") to call for a referendum election to annex the areas known as Boniello Gardens, Prospect Bend, and Continental Plaza into the City of Tamarac; and WHEREAS, following the adoption of the Ordinance, the City was unable to obtain the necessary consent forms from the owners of property within Prospect Bend, therefore, the City could not move forward with the annexation of the Prospect Bend area; and WHEREAS, Section 171.0413 requires that the areas to be annexed be contiguous to the City and to each other, due to the fact that the Continental Plaza, and the Prospect Bend areas are not contiguous to Boniello Gardens, those two areas cannot be included in the annexation referendum; and WHEREAS, in order for the annexation referendum to properly reflect the areas to be annexed, the City Commission desires to amend Ordinance No. 0-2007-02 in order to have the correct information before the voters who will vote in the referendum election; and Page 1 of 5 Temp. Ord. #2131 1 /29/07 Page 2 of 5 Rev. # 1 — 01 /29/07 WHEREAS, Section 171.0413, 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 Boniello Gardens 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, pursuant to a mail ballot on a date to be 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 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") amends Ordinance No. 0-2007-02 as provided herein. Section 3. The City Commission of the City of Tamarac, Florida finds that the area adjacent to the City which is located in unincorporated Broward County, known as Boniello Gardens, 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. Page 2of5 Temp. Ord. #2131 1 /29/07 Page 3 of 5 Rev. #1 - 01/29/07 Section 4. The Mayor and City Manager are authorized to request a hearing concerning the proposed annexation before the Broward County Legislative Delegation Annexation Committee. Section 5. 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 as more particularly described in Exhibit "A" attached hereto, to determine whether they desire to be annexed into the City of Tamarac. Section 6. Pursuant to a mail ballot referendum to be held in March, 2007, 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: ANNEXATION OF UNINCORPORATED AREA KNOWN AS BONIELLO GARDENS INTO THE CITY OF TAMARAC. Shall the corporate limits of the City of Tamarac be amended to include the area known as Boniello Gardens? YES ❑ NO CI Section 7. The individual electors entitled to vote at the referendum election shall use a mail ballot pursuant to Section 101.6101, et. seq., Florida Statutes, in conformance with the laws of the State of Florida. Section 8. 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 9. 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 Boniello Gardens as more particularly described in Exhibit "A" attached hereto. Section 10. 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 11. Upon annexation into the City of Tamarac, the following shall govern Boniello Gardens as provided in this ordinance: for any use, building, or structure that is legally in existence at the time Boniello Gardens became a part of the Page 3 of 5 Temp. Ord. #2131 1 /29/07 Page 4 of 5 Rev. #1 — 01/29/07 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 12. 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 Boniello Gardens has been annexed into the City of Tamarac, pursuant to this act. Section 13. 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 3, are transferred from Broward County jurisdiction to the jurisdiction of the City of Tamarac. 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 14. 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 15. 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 16. 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 17. 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 18. Severability. 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. Page 4 of 5 L 1 7 Temp. Ord. #2131 1 /29/07 Page 5 of 5 Rev. # 1 — 01 /29/07 Section 19. 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. Section 20. Effective Date. This Ordinance shall take effect immediately upon its adoption. PASSED, FIRST READING this �"'� DAY OF , 2007. PASSED, SECOND READING this DAY OF , 2007. BY: —T MAYORBIETH FLAN5BAUWrALABI@fCO ATTEST: MARION SWE SON, CIVIC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form: _.. QJ�7___ SAMUEL GOREN CITY ATTORNEY RECORD OF COMMISSION VOTE: 1ST Reading MAYOR TALABISCO DIST 1: V/M PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER RECORD OF COMMISSION VOTE: 2ND Reading MAYOR TALABISCO DIST 1: V/M PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER Page 5 of 5 EXHIBIT "A" Prospect Field Road/West Commercial Blvd. Annexation Boundary a/k/a Boniello Gardens 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. N:\2005\050164 TAMA RAC\ANN EXATION\Prospect Field Road-w-Commercial Legal Desc (Boniello).doc