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HomeMy WebLinkAboutO-1973-035 M-146 M-798 i ORDINANCE NO. 35 AN ORDINANCE FINALLY ANNEXING THE EAST THREE- QUARTERS (E 3/4) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, 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 j DANIA; AND ASSIGNING M-1 ZONING CLASSIFICATION OF CITY OF DANIA TO SUCH LANDS; AND DIRECTING THE CITY CLERK-AUDITOR TO RECORD A CERTIFIED i COPY OF THE RESOLUTION IN THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; AND FURTHER DIRECT- ING THE CITY CLERK-AUDITOR TO TRANSMIT CERTIFIED COPIES OF THE ORDINANCE TO CERTAIN OFFICERS NAMED IN THE ORDINANCE; AND PROVIDING THAT ALL ORDI- NANCES OR PARTS OF ORDINANCES IN CONFLICT ARE j I REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING THAT BY CONSENT OF AT LEAST FOUR OF THE FIVE j MEMBERS OF THE CITY COMMISSION PRESENT AT THE REGULAR MEETING OF THE CITY COMMISSION OF CITY OF DANIA HELD ON DECEMBER 11, 1973, THE ORDI- NANCE IS DECLARED TO BE AN EMERGENCY ORDINANCE; 4 j AND PROVIDING, THAT BECAUSE OF THE EMERGENCY, j THE REQUIREMENTS OF SECTION 3 (a) , ARTICLE 3 , PART II. , OF THE MUNICIPAL CHARTER, AS AMENDED, j a ARE WAIVED TO THE EXTENT THAT SUCH SECTION 3 (a) REQUIRES THE READING OF AN ORDINANCE ON. TWO F SEPARATE DAYS OR TO THE EXTENT THAT SUCH SECTION 3 (a) REQUIRES PUBLICATION OF THE ORDINANCE BY TITLE. i WHEREAS, in the early part of 1973 and prior to June 18, 1973, the owners of the following described unincorporated lands, .contiguous to the limits of City of Dania, a Florida municipal corporation, re- quested the City of Dania to annex such lands, namely, i The East three-quarters (E 3/4) of the Southeast one-quarter ne q (SE 1/4) of the S one- quarter one quarter (SE 1/4) of the Southeast one-quarter (SE 1/4) of Section 33, Township 50 South, Range 42 East, said lands situate, lying and being in Broward County, Florida to City of Dania, Florida; and WHEREAS, Maurice E. Berry II, Registered Land Surveyor, has furnished a written opinion dated May 23 , 1973 to the City Attorney, I y, I advising that such lands are contiguous to the existing city limits Of City of Dania, Florida; and WHEREAS, notwithstandingthe opinion in City of Auburndale VS. Adams Packing Association, 171 So.2d 161, Sup. Ct. of Fla. (1965) , , _1_ t i holding that part of 5171. 04, Florida Statutes, as unconstitutional which delegated legislative power to courts by giving the circuit i I court the power to determine, on objections, under what conditions annexation ought to take place, the city commission of City of Dania i is of the opinion that,..the statute is still a valid legislative enactment where all of the owners of lands to be annexed voluntarily petition for annexation and where no one seeks a judicial review of i the proposed annexation; and i WHEREAS, the city commission has been informed that the legis- lature of the State of Florida has not seen fit to repeal §171. 041 j Florida Statutes, since the rendition of said opinion by the Supreme Court of the State of Florida in 1965; and !! WHEREAS, the city commission further understands that other 3� municipalities of the state still use §171. 04 , Florida Statutes, as { a means of voluntarily annexing contiguous lands which contain less jthan ten (10) registered electors, where all ,of the electors desire and consent to the annexation; and WHEREAS, the procedure under §171. 04 , Florida Statutes, regarding s the annexation of unincorporated lands contiguous to a municipality i and containing less that 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 after the adoption of the preliminary ordinance declaring the intent to annex; and { (2) The publication of the preliminary ordinance once a week for four consecutive weeks; and (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 i the lands under consideration are located and if the area to be annexed contains less than ten (10) registered electors, the municipality may then adopt a final ordinance, fully and completely annexing the lands to the- municipality and redefining the boundary lines of the munici- pality so as to include the lands sought to be annexed; and WHEREAS, with respect to the lands which are the subject of this ordinance and which City of Dania has sought to annex, the i initial, or preliminary ordinance, declaring an intent to annex 'such lands was adopted on third and final reading on June 18, 1973, and is L identified herein as ordinance no. 24 of City of Dania, Florida; and WHEREAS, said ordinance no. 24 was then published on July 31, 1973 , August 71 1973, August 14, 1973 , and August 21, 1973 , in the Hollywood Sun-Tattler; and WHEREAS, at or about the time of the completion of the publica- tion of ordinance no. , so that the city commission of City of 1 Dania would have ordinarily proceeded to adopt a final ordinance of annexation under the procedure of City of Dania (then in existence) which required the consideration and adoption of ordinances on three I ' readings, the city attorney informed the city commission that the Municipal Home Rule Powers Act (§166 , Florida Statutes) had been enacted on June 7, 1973, to become effective on October 1, 1973 , and i that the provisions of the Municipal Home Rule Powers Act, regarding I the procedure to follow with respect to adoption of ordinances by a municipality differed substantially from. the then charter procedures i of City of Dania and that, after October 1, 1973, it would be. necessary f for the city commission to amend the charter procedures regarding the adoption of ordinances to make same consistent with the procedures .3- J under the Municipal Home Rule Powers Act; and WHEREAS, because of the approximate period of six weeks to enact an ordinance in City of Dania by successive readings at three regular meeting of the city commission, it was felt that it might be impossible to enact a final ordinance of annexation, regarding the readings which are the subject of this ordinance, during the interval from approximately August 21, 1973 to October 11 1973; and WHEREAS, for such reasons , the city commission has delayed any consideration of the adoption of the final ordinance of annexation i regarding the lands hereinafter described until it could go through the procedure of amending its charter to cause same to be consistent with the Municipal Home Rule Powers Act, all with respect to the procedure ' to be. followed concerning the adoption of ordinances; and i WHEREAS, the city commission adopted ordinance no. 33 on final reading on December 4, 1973, which said ordinance changes the pro- cedure in City of Dania regarding the adoption of ordinances so that i the procedure in Dania is now consistent with the requirements of i §166, Florida Statutes--the Municipal Home Rule Powers Act; and WHEREAS, the city commission is now in a`position to proceed with a consideration of the adoption of a final ordinance of annexa- tion regarding the lands which are the subject of this ordinance; and WHEREAS, the city commission has determined, or verified, that i the lands which are the subject of this ordinance have been unincor- porated lands and are contiguous to the boundaries or limits of City i of Dania, that such lands contain less that ten (10 ) registered j electors, that the owner of the lands and all registered electors 1, living thereon desire to be annexed to City of Dania and have expressed their consent and approval to such annexation and that no pp , petition has been filed in the Circuit Court, Droward County, Florida, since the adoption of ordinance no. 24 on June 18 , 1973 , that ordinance no. i man-..v. c 24 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. 24 on final reading; and 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; and WHEREAS, because of the delays encountered by the city commission while amending its charter regarding ordinance adoption procedures, all for the reasons previous stated herein, the city commission desires j to consider this ordinance as an emergency ordinance so that same J may be passed on first reading and on second and final reading by two thirds vote of the city commission and without complying with I the requirements of Section 3 (a) , Article 3, Part II. , of the city j i charter, as amended, regarding the reading of a proposed ordinance, on two separate days, and publication of any proposed ordinance , i NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 3 { CITY OF DANIA, FLORIDA: i Section 1. That City of Dania, a Florida municipal corporation, does hereby extend its territorial limits in accordance with the procedure permitted by §171. 04., Florida Statutes, by annexing the following described lands, to wit, The East three-quarters (E 3/4) of the Southeast ! one-quarter (SE 1/4) of the Southeast one-quarter (SE 1/4) of the Southeast one-quarter (SE 1/4) of Section 33, Township 50 South, Range 42 East, said lands situate, lying and being in Broward County, Florida 3 to City of Dania, a Florida municipal corporation. Further, by this ordinance, City of Dania does hereby redefine the boundary lines of i the city so as to include such lands within the boundaries of the city. Section 2. That the said lands described in section 1. herein are hereby declared to be subject immediately to all taxes, franchises, tights, privileges and liabilities of City of Dania to the exact same extent as lands previously a part of City of Dania are subject to the taxes, franchises, rights, privileges and liabilities of City of Dania. Section 3. That the city commission has determined that the zoning classification enjoyed by such lands, under the regulations of Broward County, Florida, prior to annexation to City of Dania, was most closely identical to M-1 zoning classification of City of Dania. !i I Accordingly, by this ordinance, the city commission assigns R-3 zoning j f f classification to such lands and such lands shall be deemed as zoned M-l' zoning classification until changed by any subsequent ordinance or I other enactment of City of Dania. i Section 4. That the city clerk-auditor be and she is hereby directed to record a certified copy of this ordinance in the Public -,. Records of Broward County, Florida. Further, she: is hereby directed and instructed to furnish a certified cop y of this ordinance to each of the following officers or agencies: � • i Tax Assessor, Broward County, Florida; !j I 1 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. Section 5. That all ordinances or parts of ordinances in conflict I herewith be and the same are hereby repealed to the extent of such con- flict. Section 6. That this ordinance shall be in force and take i effect immediately upon its passage and adoption. Section 7. That by consent of at least four of the five members i of the city commission present at the regular meeting of the city i i i I commission of City of Dania, Florida, held on December 19, 1973, (that is, by consent of more than two-thirds of the members of the city commission) , the within ordinance is declared to be an emergency ordinance, to be passed on both first reading and second reading on December 19, 1973, and that the requirements of Section 3 (a) , Article 3, Part II. , of the municipal charter, as amended, are hereby waived to the extent that such Section 3 (a) requires either the reading of an..ordinance on two separate days or to the extent that such .Section i 3 (a) requires publication of an ordinance. i i PASSED and ADOPTED on First Reading on December 17, 1973. PASSED and ADOPTED on Second Reading on December 17, 1973. Mayor-Commissi ner i jAttest: City Cle k-Auditor I 1 I 3 • i -7- I f 1