HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-198Temp. Reso. 11085
October 9, 2006
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RESOLUTION NO. R2006- t q 9
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 2007 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 four separate parcels )ocated 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 2007 legislative session.
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.
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Temp. Reso. 11085
October 9, 2006
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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 2007 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.
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.
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Temp. Reso. 11085
October 9, 2006
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ADOPTED by the City Commission of the CITY OF TAMARAC, Florida this J_L—
day of j�Ch), 2006.
• .., •_ 9m
B. TALABISCO
E.PORTNER
M. SULTANOF
P. ATKINS-GRAD
H. DRESSLER(�,
ATTEST:
MARION SW04SON, CIVIC
CITY CLERK
I HEREBY CERTIFY that I
Have approved this
OLUTION as to form.
Y MUEL GS OREN C
CITY ATTORNEY
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October 10, 2006
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"Exhibit A to TR11085"
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 descriptions of the areas referred to in this bill are as
follows:
(TO BE PROVIDED AT A FUTURE DATE)
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 March 11, 2008, 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 shall not 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 September 15, 2008,
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.
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
October 10, 2006
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"Exhibit A to TR11085"
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.
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