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HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-153Temporary Resolution No. 11497 October 13, 2008 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R2008- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE CITY MANAGER TO FILE A LOCAL BILL WITH THE BROWARD COUNTY LEGISLATIVE DELEGATION TO EXTEND AND ENLARGE THE CORPORATE LIMITS OF THE CITY OF TAMARAC; REQUESTING THE LOCAL LEGISLATIVE DELEGATION TO HOLD A PUBLIC HEARING TO CONSIDER APPROVAL OF THE LOCAL BILL IN ORDER TO FORWARD THE LOCAL BILL TO THE STATE OF FLORIDA LEGISLATURE FOR CONSIDERATION DURING THE 2009 LEGISLATIVE SESSION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac (hereinafter referred to as the "City") seeks to annex a separate parcel located within unincorporated Broward County; and WHEREAS, pursuant to Florida Chapter 96-542, Laws of Florida, as amended by Chapter 99-447, Laws of Florida, any annexation of unincorporated property within Broward County proposed to be accomplished pursuant to chapter 171, Florida Statutes, must first be considered at a public hearing conducted by the Broward County Legislative Delegation pursuant to its adopted rules. WHEREAS, the City desires to file the local bill, attached hereto, with the Broward County Legislative Delegation in order for the Legislative Delegation to consider the local bill at a duly noticed public hearing; and WHEREAS, the City requests that the Broward County Legislative Delegation approve the local bill, and forward the local bill to the State of Florida Legislature for consideration during the 2009 legislative session. Temporary Resolution No. 11497 October 13, 2008 Page 2 NOW, THEREFORE, BE IT RESOLVED 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 Resolution upon adoption hereof. Section 2. It is hereby found and determined that the annexation of the property described in the local bill attached hereto as Exhibit "A", will be in the best interests of the City of Tamarac and the residents and businesses located within the described area. Section 3. The City Manager is hereby authorized to file with the Broward County Legislative Delegation the local bill attached hereto as Exhibit "A", and request a public hearing before the Legislative Delegation in order for the Legislative Delegation to consider and approve the local bill, and to forward the local bill to the State of Florida Legislature for consideration during the 2009 legislative session. Section 4. The proper officers of City of Tamarac be, and each of them hereby is authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution. Section 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1 1 1 Temporary Resolution No. 11497 October 13, 2008 Page 3 Section 6. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 7. This Resolution shall become effective upon adoption. PASSED, ADOPTED, and APPROVED THIS ;O� DAY OF , 2008. ATTEST: 7 MARION SWENSON, CIVIC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. BETH FLMSBAL TALABISCO, MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM PO RTNER - DIST 2: COMM ATKINS-G DIST 3: V/M SULTANOF -f DIST 4: COMM. DRESSLE Ya*dlj xz./09 SA1AUEL S. G R CITY ATTORN Lo�al Annexation Bill (October 24, 2008 A bill to be entitled An act relating to Broward County; extending and enlarging the corporate limits of the City of Tamarac to include specified unincorporated lands within said corporate limits; providing for an election; providing for an effective date of annexation; providing for transfer of public roads and rights -of -way; providing for an effective date. Be it enacted by the Legislature of the State of Florida: Section 1. The legal description of the area referred to in this bill is as follows: "Prospect Field Road/NW 31 Avenue" Annexation Bounda¢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; Local Annexation Bill October 24, 2008 Thence Westerly, along said South line, to the Southwest comer 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 17; 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, Section 2. The Broward County Board of County Commissioners shall schedule an election in accordance with provisions of the law relating to election currently in force in Broward County on , the subject of said election shall be the annexation of the subject areas more particularly described in Section 1. Only registered voters residing in the subject areas as described in this act may vote in said election. Mail ballots may be used in this election, however, voter may vote by absentee ballots, as provided by law. Section 3. Upon a majority of the registered voters residing in the subject areas voting for annexation into the City of Tamarac, the areas described in Section 1 shall be deemed a part of said municipality on , pursuant to Section 171.062, Florida Statutes, and Chapters 96-542 and 99-447, Laws of Florida, except as provided for in this act. Section 4. An Interlocal Agreement shall be developed between the governing bodies of Broward County and the City of Tamarac, and executed prior to the effective date of the annexation, as provided in Section 3. The agreement shall address infrastructure improvement projects and include a financially feasible plan for transitioning county services, buildings, infrastructure, waterways and employees. Lo�al Annexation Bill October 24, 2008 Section 5. Upon annexation into the municipality, the areas described in Section 1 shall be governed as follows: The annexed property shall be governed by the relevant land use and zoning provisions of the City of Tamarac's Code of Ordinances. Any change of the zoning districts or land use designations may only be accomplished by enactment of the vote of the majority of the full governing body of the municipality plus one. Notwithstanding subsection (1) and (2), any use, building or structure that is legally in existence at the time of annexation shall become a part of the City of Tamarac. Said 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 not be voluntarily abandoned. Section 6. Subsequent to the effective date of this act, no change in land use designation or zoning shall be effective within the limits of the lands subjected to annexation herein until the subject area has been annexed into the municipality; no annexation within the subject area by any municipality shall occur during the time period between the effective date of this act and the effective date of the annexation. Section 7. 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 for municipal office. Section 8. Nothing in this chapter shall be construed to affect or abrogate the rights parties to any contracts, whether the same be between Broward County and a third party or between nongovernmental entities, which contracts are in effect prior to the effective date of the annexation. Section 9. All public roads and the public rights -of -way associated therewith, in the Broward County Road System, lying within the limits of the lands subject to annexation herein, as described in either Section 1, are transferred from Broward County jurisdiction of the jurisdiction of the annexing municipality. All rights, title, interests and responsibilities for any transferred roads, including, but not limited to, the ownership, operation, maintenance, planning, design and construction of said roads and to the rights -of -way associated therewith shall transfer from Broward County jurisdiction and ownership to the jurisdiction and ownership of the annexing municipality upon the effective date of the annexation. Section 10. This act shall take effect upon becoming law.