HB 1393

1	A bill to be entitled
2	An act relating to Broward County; providing for extending
3	the corporate limits of the Town of Davie, the City of
4	Fort Lauderdale, or the City of Plantation; providing for
5	annexation of the unincorporated area known as Broadview
6	Park; providing for an election; providing for an
7	effective date of annexation; providing for an interlocal
8	agreement; providing for a continuation of certain Broward
9	County regulations; providing for transfer of public roads
10	and rights-of-way; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  No later than July 1, 2004, the governing body
15	of the municipalities of the Town of Davie, the City of Fort
16	Lauderdale, and the City of Plantation, after having considered
17	the effects of annexation on the residents of both the
18	"Broadview Park Area," as hereinafter described, and on the
19	respective municipality, shall inform the Broward County
20	Legislative Delegation and the Broward County Board of County
21	Commissioners of their desire to appear on the ballot as
22	provided for in this act.
23	Section 2.  The Broward County Board of County
24	Commissioners shall schedule an election in accordance with the
25	provisions of the law relating to elections currently in force
26	in Broward County on November 2, 2004. The subject of said
27	election shall be the annexation of the Broadview Park Area.
28	Only registered voters residing in the Broadview Park Area as
29	described in section 4 may vote in said election. On the ballot
30	provided for in this section shall appear the name of each
31	municipality which shall have informed the Broward County
32	Legislative Delegation that it desires to appear on the ballot
33	as provided for in section 1. The voters residing in the
34	Broadview Park Area shall, by plurality vote of the voters
35	participating in the election, choose one municipality for
36	annexation. In the event only one municipality shall have
37	informed the Broward County Legislative Delegation that it
38	desires to appear on the ballot as provided for in section 1,
39	the voters residing in the Broadview Park Area shall, by
40	majority vote of the voters participating in the election,
41	choose whether to join that city on September 15, 2005, or
42	September 15, 2006. A mail ballot shall not be used in this
43	election. However, voters may vote by absentee ballot as
44	provided by law.
45	Section 3.  Upon a plurality of the registered voters
46	residing in the Broadview Park Area voting for annexation into
47	the City of Fort Lauderdale, the Broadview Park Area described
48	in section 4 shall be deemed a part of said municipality on
49	September 15, 2005, pursuant to s. 171.062, Florida Statutes,
50	except as provided for in this act. However, should the City of
51	Fort Lauderdale be the only municipality to have informed the
52	Broward County Legislative Delegation that it desires to appear
53	on the ballot as provided for in section 1, the area described
54	in section 4 shall be deemed a part of said municipality on
55	September 15, 2005, or September 15, 2006, pursuant to s.
56	171.062, Florida Statutes, except as provided for in this act.
57	Section 4.  The "Broadview Park Area" is described as:
58
59	That portion of Sections 13, 14, 23 and 24, Township
60	50 South, Range 41 East and Section 18, Township 50
61	South, Range 42 East, Broward County, Florida,
62	described as follows:
63
64	Beginning at a point on the boundary of the City of
65	Plantation established by Chapter 68-101 Laws of
66	Florida, being the Southeast corner of Tract 1, Tier
67	24, according to Newman's Survey of Section 14,
68	Township 50 South, Range 41 East, as recorded in Plat
69	Book 2, Page 26, Public Records of Dade County,
70	Florida;
71
72	thence continuing along the said boundary of the City
73	of Plantation the following 6 courses;
74
75	thence Northeasterly along the East line of said Tier
76	24, to the North line of said Section 13;
77
78	thence East along the said North line of Section 13 to
79	a point of intersection with the Northerly extension
80	of the Westerly line of Block 3, as shown by the plat
81	of LAUDERDALE HIGHLANDS as recorded in Plat Book 12,
82	at Page 37, Public Records of Broward County, Florida;
83
84	thence Southwesterly along the Westerly line of said
85	Block 3 and its Northerly extension thereof, to the
86	Southwesterly corner of Lot 11 of said Block 3;
87
88	thence Easterly along the Southerly line of said Lot
89	11 and its Easterly extension thereof, to a point of
90	intersection with the Easterly right-of-way line of
91	Highland Avenue, as shown by said plat of LAUDERDALE
92	HIGHLANDS;
93
94	thence Southwesterly along the Easterly right-of-way
95	line of said Highland Avenue to a point of
96	intersection with the South line of Block 1, as shown
97	by said plat of LAUDERDALE HIGHLANDS;
98
99	thence Easterly along the South line of said Block 1
100	and its Easterly extension thereof to a point of
101	intersection with the East right-of-way line of State
102	Road No. 7, as described in City of Fort Lauderdale
103	annexing Resolution No. 8519;
104
105	thence Southerly along the said east right-of-way line
106	to the North right-of-way line of Riverland Road and
107	the boundary of the Town of Davie as described in
108	Chapter 84-420, Laws of Florida;
109
110	thence continuing along said boundary of the Town of
111	Davie the following 10 courses;
112
113	thence Westerly along the Westerly prolongation of the
114	said North right-of-way line to the West right-of-way
115	line of State Road No. 7;
116
117	thence Southerly along said West right-of-way line to
118	a point of intersection with a line 300 feet North of
119	the Southerly line of Tract 2, Tier 4, of said
120	Newman's Survey, as measured along the said Westerly
121	right-of-way line;
122
123	thence Northwesterly to a point on the Easterly right-
124	of-way line of Southwest 41st Avenue, being 298.34
125	feet Northerly from the Southwest corner of said Tract
126	2, Tier 4;
127
128	thence Westerly to a point of intersection of the West
129	right-of-way line of Southwest 41st Avenue with the
130	North line of said Section 24;
131
132	thence Southwesterly along the said West right-of-way
133	line to the centerline of North New River Canal;
134
135	thence Southeasterly along said centerline to the
136	Westerly right-of-way line of State Road No. 7;
137
138	thence Southwesterly along said West right-of-line to
139	the South bank of the North New River Canal;
140
141	thence Northwesterly along said South bank to the
142	Northerly extension of the West line of the East One-
143	Half of Tract 1, Tier 7 of said Newman's Survey;
144
145	thence Southwesterly along said Northerly extension to
146	the Northwest corner of the said East One-Half of
147	Tract 1, Tier 7, also being on the South right-of-way
148	line of North New River Canal;
149
150	thence Northwesterly along the said Southerly right-
151	of-way line to the Easterly line of Tier 21 of said
152	Newman's Survey;
153
154	thence Northwesterly, continuing on the boundary of
155	the Town of Davie, along the said Southerly right-of-
156	way line to the intersection with the Southwesterly
157	extension of the East line of the aforesaid Tract 1,
158	Tier 24;
159
160	thence Northeasterly along said Southwesterly
161	extension to the POINT OF BEGINNING.
162
163	Section 5.  Upon a plurality of the registered voters
164	residing in the Broadview Park Area voting for annexation into
165	the Town of Davie or the City of Plantation, the Broadview Park
166	Area described in section 4 along with the additional area
167	described in section 6 shall be deemed a part of said
168	municipality on September 15, 2005, pursuant to s. 171.062,
169	Florida Statutes, except as provided for in this act. However,
170	should the Town of Davie or the City of Plantation be the only
171	municipality to have informed the Broward County Legislative
172	Delegation that it desires to appear on the ballot as provided
173	for in section 1, the area described in section 4 along with the
174	additional area described in section 6 shall be deemed a part of
175	said municipality on September 15, 2005, or September 15, 2006,
176	pursuant to s. 171.062, Florida Statutes, except as provided for
177	in this act.
178	Section 6.  The additional area shall be described as:
179
180	That portion of Sections 7, 8, 14, 15, 16 and 17,
181	Township 50 South, Range 41 East and Sections 2, 11
182	and 12, Township 50 South, Range 40 East, Broward
183	County, Florida, described as follows:
184
185	Beginning at a point on the boundary of the City of
186	Plantation established by Chapter 68-101, Laws of
187	Florida, being the Southeast corner of Tract 1, Tier
188	24, according to Newman's Survey of Section 14,
189	Township 50 South, Range 41 East, as recorded in Plat
190	Book 2, Page 26, Public Records of Dade County,
191	Florida;
192
193	thence Northwesterly along the North right of way line
194	of the North New River Canal and along the boundary of
195	the City of Plantation established by said Chapter 68-
196	101 and by Ordinance 1008, Ordinance 568, and
197	Ordinance 543, all as adopted by the City of
198	Plantation, to the intersection with the West line of
199	said Section 2;
200
201	thence Southerly along the said West line to the South
202	right of way line of the North New River Canal, being
203	a point on the boundary of the Town of Davie
204	established by Chapter 84-420, Laws of Florida;
205
206	thence Southeasterly along the said South right of way
207	line and along the boundary of the Town of Davie
208	established by said Chapter 84-420 and by Ordinance
209	85-97, adopted by the Town of Davie, to the
210	intersection with the Southwesterly extension of the
211	East line of Tier 24 of said Newman's Survey;
212
213	thence Northeasterly along the said Southwesterly
214	extension to the POINT OF BEGINNING.
215
216	Section 7.  An interlocal agreement shall be developed
217	between the governing bodies of Broward County and the annexing
218	municipality and executed prior to the effective date of the
219	annexation. The agreement shall address infrastructure
220	improvement programs and include a financially feasible plan for
221	transitioning county services, buildings, infrastructure,
222	waterways, and employees.
223	Section 8.  The Board of County Commissioners of Broward
224	County is hereby authorized to set the election provided for in
225	section 2 by general election for the time period provided in
226	this act at the cost of Broward County. A mail ballot shall not
227	be used for any election provided for in this act. However,
228	voters may vote by absentee ballot as provided by law.
229	Section 9.  Upon annexation into the municipality, the
230	following shall govern the areas described in either section 4
231	or section 6:
232	(1)  The present land use designations and zoning districts
233	provided for under the Broward County Comprehensive Plan and
234	Code of Ordinances of Broward County shall remain the law
235	governing the Broadview Park Area, notwithstanding the fact that
236	the Broadview Park Area is now a part of a municipality. The
237	land use designations and zoning of Broward County shall be
238	deemed the conforming laws of the municipality of which the
239	Broadview Park Area is now a part.
240	(2)  Any change of zoning districts or land use
241	designations may only be accomplished by enactment of the vote
242	of the majority of the full governing body of the municipality
243	plus one.
244	(3)  Notwithstanding subsections (1) and (2), any use,
245	building, or structure that is legally in existence at the time
246	that the Broadview Park Area becomes a part of the municipality
247	shall not be made a prohibited use by the municipality, on the
248	property of said use, for as long as the use shall continue, and
249	not be voluntarily abandoned.
250	Section 10.  Subsequent to the effective date of this act,
251	no change in land use designation or zoning shall be effective
252	within the limits of the lands subject to annexation herein
253	until the Broadview Park Area has been annexed into the
254	municipality; no annexation within the Broadview Park Area by
255	any municipality shall occur during the time period between the
256	effective date of this act and the effective date of the
257	annexation.
258	Section 11.  Subsequent to the effective date of the
259	annexation, any resident in the area to be annexed by this act
260	into the Town of Davie, the City of Fort Lauderdale, or the City
261	of Plantation shall be deemed to have met any residency
262	requirements for candidacy.
263	Section 12.  Nothing in this chapter shall be construed to
264	affect or abrogate the rights of parties to any contracts,
265	whether the same be between Broward County and a third party or
266	between nongovernmental entities, which contracts are in effect
267	prior to the effective date of the annexation.
268	Section 13.  All public roads and the public rights-of-way
269	associated therewith, on the Broward County Road System,
270	including bridge structures 868303, 864024, 864022, 864096, and
271	864097, lying within the limits of the lands subject to
272	annexation herein, as described in either section 4 or section
273	6, are transferred from Broward County jurisdiction to the
274	jurisdiction of the annexing municipality, except for those
275	portions of Hiatus Road, Nob Hill Road, Pine Island Road, and
276	Davie Boulevard and that portion of Peters Road west of the
277	Peters Road/Davie Boulevard intersection lying within the limits
278	of the annexation area. All rights, title, interests, and
279	responsibilities for any transferred roads, including, but not
280	limited to, the ownership, operation, maintenance, planning,
281	design, and construction of said roads, and to the rights-of-way
282	associated therewith, shall transfer from Broward County
283	jurisdiction and ownership to the jurisdiction and ownership of
284	the annexing municipality upon the effective date of the
285	annexation.
286	Section 14.  This act shall take effect upon becoming a
287	law.

CODING: Words stricken are deletions; words underlined are additions.