HomeMy WebLinkAboutO-1973-034 M--y7
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ORDINANCE NO. 34
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AN ORDINANCE FINALLY ANNEXING THE EAST HALF
(E 1/2) OF THE SOUTHEAST ONE-QUARTER (SE 1/4)
j OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE
NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 33 ,
TOWNSHIP 50 SOUTH, RANGE 42 EAST, SAID LANDS
SITUATE, LYING AND BEING IN BROWARD COUNTY,
FLORIDA, AND CONTAINING 5. 18 ACRES, MORE OR
LESS, 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 ASSIGNING R-3 ZONING CLASSIFICATION
OF CITY OF DANIA TO SUCH LANDS; AND DIRECPING
THE CITY CLERK-AUDITOR TO RECORD A CERTIFIED
COPY OF THE RESOLUTION 114 THE PUBLIC RECORDS
01' BROWARD COUNTY, FLORIDA; AND FURTHER DIRECT-
ING THE CITY CLEAR-AUDITOR TO TRANSMIT CERTIFIED
COPIES OF THE ORDINANCE TO CERTAIN OFFICERS NAMED
IN THE ORDINANCE; AND PROVIDING THAT ALI, ORDI-
NANCES OR PARTS OF ORDINANCES IN CONFLICT ARE
REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING j
THAT BY C014SENT OF AT LEAST FOUR OF THE FIVE
MEMBERS OF THE CITY COMMISSION PRESENT AT THE
REGULAR MEETING OF THE CITY COMMISSION OF CITY
OF DANIA HELD ON DECEMBER 1.1 , 1973 , THE ORD_I--
NANCE IS DECLARED TO BE AN EMERGENCY ORDINANCE;
A21D PROVIDING, THAT BECAUSE OF THE EMERGENCY,
THE 1tEQUIREMENTS OF SECTION 3 (a) , ARTICLE 3 ,
PART II. , OF THE MUNICIP?:L CHARTER, AS AMENDED,
ARE WAIVED TO THE EXTENT THAT SUCH SECTION 3 (a)
REQUIRES THE READING OF AN ORDINANCE ON TWO
SEPARATE DAYS OR TO THE EXTENT THAT SUCH SECTION
3 (a) REQUIRES PUBLICATION OF' THE ORDINANCE BY
TITLE.
WHEREAS, in the early part of 1973 and prior to May 21, 1.973E
{ the owners of the following described unincorporated lands, contiguous
to the limits 0f City of Dania, a Florida municipal corl)oraticn, re-
quested the City of Dania to annex such lands, namely,
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The East half (E 1/2) of the Southeast one-
quarter. (SE 1/4) of the Southeast or_e-quarter
(SE 1/4) of the Northeast one-auarter (NE 114)
of Section 33, Township 50 South, Range 42
East, said lands situate, lyi.rg and being in
Broward County, Florida, containing 5 .18 acres,
(more or .less,
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to City of Dania, Florida; and
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iiliER �_S n0tWithstandinr the o ;' pinion in C � of. Auburndale vs.
Adams Fick r., Asseciati.on, 171. Sc. 2d. 161, Sup. Ct, of Fla. (1965) ,
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i holding that part of §171. 04, Florida Statutes, as unconstitutional
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
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the proposed annexation; and
WHEREAS, the city commission has been informed that the legis-
lature of the State of Florida has not seen tit to repeal §171. 04,
y 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
municipalities of the state still use §171. 04, Florida Statutes, as
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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
WHEREAS, the procedure under §171. 04 , Florida Statutes, regarding
the annexation of unincorporated lands contiguous to a municipality
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and containing less that ten (10) registered electors, requires the
j following basic procedures to be followed:
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(1) The adoption of a preliminary type of
ordinance by the municipality, declaring an intent
i to annex the lands in question, thirty or more days
after the adoption of the preliminary ordinance
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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
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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 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
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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
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initial, or preliminary ordinance, declaring an intent to annex such
lands was adopted on third and final reading on May 21, 1973, and is
identified herein as ordinance no. 28 of City of Dania, Florida; and
WHEREAS, said ordinance no. 28 was then published on June 29,
1973 , July 6, 1973, July 13, 1973, and July 20, 1973 , in the Hollywood
Sun-Tattler; and
WHEREAS, at or about the time of the completion of the publica-
tion of ordinance no. 28, so that the city commission of City of
Dania would have ordinarily proceeded to adopt a final ordinance of
annexation under the procedure of City of Dania (then in existence)
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which required the consideration and adoption of ordinances on three
readings, the city attorney informed the city coimnission 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
that the provisions of the Municipal Home Role Powers Act, regarding
the procedure to follow with respect to adoption of ordinances by a
municipality differed substantially from the then charter procedures
Of City of Dania and that, after October 1, 1973 , it would be necessary
for the city commission to amend the charter procedures regarding the
adoption of ordinances to make same consistent with the procedures
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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 ordinanc-2, during the interval
from approximately July 20, 1973 , to October 1, 1973; and
WHEREAS, for such reasons , the city commission has delayed any
consideration of the adoption of the final ordinance of annexation
regarding the lands hereinafter described until it could go through
the procedure of amending its charter to cause same to be consistent
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with the Municipal Home Rule Powers Act, all with respect to the
procedure to be followed concerning the adoption of ordinances; and
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
the procedure in Dania is now consistent with the requirements of
§1606, 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
the lands which are the subject of this ordinance have been unincor-
porated lands and are contiguous to the boundaries or limits of City
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of Dania, that such lands contain less that ten (10) registered
electors, that the owner of the lands and all registered electors
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living thereon desire to be annexed to City of Dania and have expressed
j 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. 28 on May 21, 1973 , that ordinance no.
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28 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. 28 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
to consider this ordinance as an emergency ordinance so that same
may be passed on first reading and on second and final reading by
j two thirds vote of the city commission and without complying with
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the requirements of Section 3 (a) , Article 3, Part II. , of the city
charter, as amended, regarding the reading of a proposed ordinance
on two separate days, and publication of any proposed ordinance ,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
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Section 1. That City of Dania, a Florida municipal ccrporation,
,..6' 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 half (E 1/2) of the Southeast one-
quarter (SE 1/4) of the Southeast one-quarter
(SE 1/4) of the Northeast one-quarter (NE 1/4)
of Section 33 , Township 50 South, Range 42 East,
said lands situate, lying and being in Broward
County, Florida, containing 5 . 18 acres, more or
less,
j to City of Dania, a Florida municipal corporation. Further, by this
ordinance, City of Dania does hereby redefine the boundary lines of
j 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
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are hereby declared to be subject immediately to all taxes, franchises,
rights, 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 R-3 zoning classification of City of Dania.
Accordingly, by this ordinance, the city commission assigns R-3 zoning
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classification to such lands and such lands shall be deemed as zoned
R-3 zoning classification until changed by any subsequent ordinance or
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other enactment of City of Dania.
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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 copy of this ordinance to each
lI of the following officers or agencies:
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Tax Assessor, Broward County, Florida;
Tax Collector, Broward County, Florida;
County Comptroller, Broward County, Florida;
I 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
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herewith be and the same are hereby repealed to the extent of such con-
flict.
1 Section 6. That this ordinance shall be in force and take
effect immediately upon its passage and adoption.
Section 7 . That by consent of at least four of the five members
of the city commission present at the regular meeting of the city
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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
j 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
3 (a) requires publication of an ordinance.
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PASSED and ADOPTED on First Reading on December 17, 1973.
PASSED and ADOPTED on Second Reading on December 19, 1973.
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Mayor-Commissi.o er
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Attest:
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ram` City Clerk-Auditor
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