HomeMy WebLinkAboutO-1973-036 M 14 y
ORDINANCE NO. 36
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AN ORDINANCE FINALLY ANNEXING CERTAIN UNINCOR-
PORATED LANDS (IN THE GENERAL VICINITY OF
GRIFFIN ROAD, DANIA, FLORIDA) TO CITY OF DANIA,
FLORIDA, AND REDEFINING THE BOUNDARY LINES OF
THE CITY TO INCLUDE SUCH LANDS; AND PROVIDING
THAT SUCH LANDS SHALL BE IMMEDIATELY SUBJECT TO
ALL TAXES, FRANCHISES , RIGHTS, PRIVILEGES AND
LIABILITIES OF CITY OF DANIA; AND DIRECTING THE
CITY CLERK-AUDITOR TO RECORD A CERTIFIED COPY
OF THE RESOLUTION IN THE PUBLIC RECORDS OF
j BROWARD COUNTY, FLORIDA; AND FURTHER DIRECTING
THE CITY CLERK-AUDITOR TO TRANSMIT CERTIFIED
COPIES OF THE ORDINANCE TO CERTAIN OFFICERS
NAMED IN THE ORDINANCE; AND PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
ARE REPEALED TO THE EXTENT OF SUCH CONFLICT;
AND PROVIDING FOR AN EFFECTIVE DATE; AND PRO-
VIDING THAT BY UNANIMOUS CONSENT OF ALL COPMIIS-
SIONERS PRESENT, THE ORDINANCE HAS BEEN INTRODUCED,
READ THE FIRST TIME, READ BY TITLE THE SECOND AND
THIRD TIMES, AND PASSED ON ALL THREE READINGS AT
THE MEETING OF THE CITY COMMISSION OF THE CITY OF
DANIA, FLORIDA, HELD ON SEPTEMBER 10, 1973 .
WHEREAS, in the early part of 1973 and prior to June 18 , 1973 ,
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the owners of the following described unincorporated lands, contiguous
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ito the limits of City of Dania, a Florida municipal corporation, re-
quested the City of Dania to annex such lands, namely,
{ The North 30 feet of the N47 1/4 of the NW 1/4 of
i the NE 1/4 of Section 33 , Township 50 South, Range
42 East, Broward County, Florida, and
That portion of the East 3/4 of the NE 1/4 of the
NW 1/4 of said Section 33, lying East of Interstate
Highway 95, and less that portion described in
Official Records Book 3002, page 920, and
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That portion of the SE 1/4 of the NW 1/4 of. said
Section 33 , lying East of Interstate Highway 95,
and
Lots 1, 2, 3, 4 and 7, of TIGERTAIL GROVE RESUP.-
DIVISION, as recorded in Plat Book 30, page 20,
Public Records of Broward County, Florida, and
that portion of Tigertail Boulevard lying between
j said Lots 4 and 7, and
A portion of Tract A of THE COLLEAGUE, as recorded
in Plat Bock 37, page 21, Public Records of Broward
County, Florida, described as follows :
Beginning at the Northwest corner of said
I Tract A, thence run South 100 12' 18" East
(on an assumed bearing) , 51.50 feet along
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the Westerly boundary thereof, to the
Southwesterly corner of said Tract A.
being a point of intersection with the
arc of a curve running Southeasterly
to the right, a radial at said point
bearing South 14° 35 ' 32" West; thence
along the arc of said curve to the right
(also forming the Southerly boundary of
said Tract A) , having a radius of 1,181.28
feet, and a central angle of 3° 23' 43",
run Southeasterly 70 feet, to a point of
intersection; thence run North 250 00'
23" East 57. 49 feet; thence run North
600 20' 51" East 77. 63 feet to an inter-
section with the Easterly boundary of
said Tract A; thence run North 450 West
15 feet, along said Easterly boundary to
the Northeasterly corner of said Tract A;
thence run South 761 56' 00" West 160.45
feet along the North boundary of said
Tract A, to the Point of Beginning,
to City of Dania, Florida; and
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WHEREAS, the aforesaid legal descriptions were furnished by
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Maurice E. Berry II, Registered Land Surveyor, on a sheet dated June
20, 1973, entitled "Description of Lands to be Annexed to Dania" and
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containing a certification that the lands were contiguous to the
present city limits of Dania, Florida; and
WHEREAS, notwithstanding the opinion in City of Auburndale vs.
Adams Packing Association, 171 So. 2d 161, Sup. Ct. of Fla. (1965) ,
holding that part of §171.041 Florida Statutes, as unconstitutional
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which delegated legislative power to courts by giving the circuit
court the power to determine, on objections, under what conditions
annexation ought to take place, the city commission of City of Dania
is of the opinion that the statute is still a valid legislative
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enactment where all of the owners of lands to be annexed voluntarily
petition for annexation and where no one seeks a judicial review of
the proposed annexation; and
WHEREAS, the city commission has been informed that the legis-
lature of the State of Florida has not seen fit to repeal §171. 04,
Florida Statutes, since the rendition of said opinion by the Supreme
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Court of the State of Florida in 1965; and
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WHEREAS, the city commission further understands that other
municipalities of the state still use §171. 04, Florida Statutes, as
a means of voluntarily annexing contiguous lands which contain less
than ten (10) registered electors, where all of the electors desire
and consent to the annexation; and
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WHEREAS, the procedure under §171. 040 Florida Statutes, regarding
the annexation of unincorporated lands contiguous to a municipality
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and containing less than ten (10) registered electors , requires the
following basic procedures to be followed:
(1) The adoption of a preliminary type of
ordinance by the municipality, declaring an intent
to annex the lands in question, thirty or more days
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after the adoption of the preliminary ordinance
declaring the intent to annex; and
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(2) The publication of the preliminary ordinance
once a week for four consecutive weeks; and
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(3) If no petition of the type set forth in
§171. 04, Florida Statutes, is filed within thirty
days with the circuit court in the county where
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the lands under consideration are located and if
the area to be annexed contains less than ten (10)
registered electors, the municipality may then
j adopt a final ordinance, fully and completely
jannexing the lands to the municipality and redefining
the boundary lines of the municipality so as to
include the lands sought to be annexed;
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WHEREAS, with respect to the lands which are the subject of
this ordinance and which City of Dania has sought to annex, the initial,
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or preliminary ordinance, declaring an intent to annex such lands was
adopted on third and final reading on August 6, 1973, and is identified
herein as ordinance no. 29 of City of Dania, Florida; and
WHEREAS, said ordinance no. 29 was then published on August 10,
1973, August 17, 1973, August 24, 1973, and August 31, 1973, in the
Hollywood Sun-Tattler; and
WHEREAS, the city commission has determined, or verified, that
the lands which are the subject of this ordinance have been unincor-
porated lands and are contiguous to the boundaries or limits of City
of Dania, that such lands contain less than ten (10) registered
electors, that the owner of the lands and all registered electors
living thereon desire to be annexed to City of Dania and have expressed
their consent and approval to such annexation, and that no petition
has been filed in the Circuit Court, Broward County, Florida, since
the adoption of ordinance no. 29 on August 6, 1973, that ordinance no.
29 was published once a week for four consecutive weeks in the Holly-
wood Sun-Tattler, and that more than thirty days have passed since
the adoption of ordinance no. 29 on final reading; and
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WHEREAS, the city commission has considered the matter further
and now desires to finally annex the lands which are the subject of
this ordinance to City of Dania, a Florida municipal corporation,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1. That City of Dania, a Florida municipal corporation,
does hereby extend its territorial limits in accordance with the
procedure permitted by 5171. 04, Florida Statutes, by annexing the
following described lands, to wit,
-The North 30 feet of the NW 1/4 of the NW 1/4 of
the NE 1/4 of Section 33, Township 50 South, Range
42 East, Broward County, Florida, and
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That portion of the East 3/4 of the NE 1/4 of the
NW 1/4 of said Section 33, lying East of Interstate
Highway 95, and less that portion described in
official Records Book 3002, page 920, and
That portion of the SE 1/4 of the NW 1/4 of said
Section 33, lying East of Interstate Highway 95,
and
Lots 11 2, 3, 4 and 7, of TIGERTAIL GROVE RESUB-
DIVISION, as recorded in Plat Book 30, page 20,
Public Records of Broward County, Florida, and
that portion of Tigertail Boulevard lying between
said Lots 4 and 7 , and
A portion of Tract A of THE COLLEAGUE, as recorded
in Plat Book 37, page 21, Public Records of Broward
County, Florida, described as follows:
Beginning at the Northwest corner of said
Tract A, thence run South 101 12' 18" East
(on an assumed bearing) , 51. 50 feet along
the Westerly Boundary thereof, to the
Southwesterly corner of said Tract A, being
a point of intersection with the arc of a
curve running Southeasterly to the right,
1 a radial at said point bearing South 141
35' 32" West; thence along the arc of said
curve to the right (also forming the
Southerly boundary of said Tract A) , having
a radius of 1, 181. 28 feet, and a central
angle of 3° 23' 43" , run Southeasterly 70
feet, to a point of intersection; thence
run North 250 00' 23" East 57.49 feet; thence
run North 600 20' 51" East 77 . 63 feet to an
intersection with the Easterly boundary of
said Tract A; thence run North 450 West 15
feet, along said Easterly boundary to the
Northeasterly corner of said Tract A; thence
j run South 780 56' 00" West 160.45 feet along
the North boundary of said Tract A, to the
Point of Beginning,
to City of Dania, a Florida municipal corporation. Further, by this
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i ordinance, City of Dania does hereby redefine the boundary lines of
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the city so as to include such lands within the boundaries of the
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city.
Section 2. That the said lands described in section 1. herein
are hereby declared to be subject immediately to all taxes, franchises,
rights, privileges and liabilities of City of Dania to the exact same
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extent as lands previously a part of City of Dania are subject to the
taxes, franchises, rights, privileges and liabilities of City of Dania.
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Section 3. That the city clerk-auditor be and she is hereby
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directed to record a certified copy
of this ord
inance in the Public
Records of Broward County, Florida. Further, she is hereby directed
and instructed to furnish a certified copy of this ordinance to each
of the following officers or agencies:
Tax Assessor, Broward County, Florida;
Tax Collector, Broward County, Florida;
County Comptroller, Broward County, Florida;
Chairman, Board of County Commissioners,
Broward County, Florida;
Secretary of State, State of Florida; and
Chairman, Broward County, Florida legislative
delegation.
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Section 4. That all ordinances or parts of ordinances in con-
flict herewith be and the same are hereby repealed to the extent of
such conflict.
Section 5. That this ordinance shall be in force and take effect
1i1 immediately upon its passage and adoption.
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Section 6. That by unanimous consent of all commissioners
present at the meeting of the city commission of City of Dania held
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on September 10, 1973, this ordinance has been introduced, read the
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first time, read by title only the second and third times, and passe
on all three readings at the meeting of the city commission of City
of Dania held on September 10, 1973 .
PASSED and ADOPTED on First Reading on September 10, 1973.
PASSED and ADOPTED on Second Reading on September 10, 1973.
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PASSED and ADOPTED on Third and Final Reading on September
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10, 1973.
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Mayor-Commission r
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Attest:
` City Clerk-P.uditcr -6- i
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