HB 1397

CS

CHAMBER ACTION

1	The Committee on Local Government & Veterans' Affairs recommends
2	the following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to Broward County; providing for extending
8	the corporate limits of the City of Lauderdale Lakes or
9	the City of Lauderhill; providing for annexation of the
10	unincorporated area known as St. George; providing for an
11	election; providing an effective date of annexation;
12	providing for an interlocal agreement; providing for a
13	continuation of certain regulations; providing for the
14	continuation of certain rights; providing for the transfer
15	of public roads and rights-of-way; providing an effective
16	date.
17
18	WHEREAS, it is the understanding of the Legislature that
19	the St. George Area is not contiguous to the City of Lauderdale
20	Lakes but is a part of the metropolitan Broward County area, and
21	WHEREAS, it is the further understanding of the Legislature
22	that, for purposes related to municipal services, Broward County
23	desires to have all of its unincorporated areas annexed into one
24	of the 30 municipalities within Broward County and that the City
25	of Lauderdale Lakes is readily accessible to the St. George Area
26	for municipal services, NOW, THEREFORE,
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  No later than July 1, 2004, the governing
31	bodies of the City of Lauderdale Lakes and the City of
32	Lauderhill, after having considered the effects of annexation on
33	the residents of both the St. George Area, as hereinafter
34	described, and the respective municipality, shall inform the
35	Broward County Legislative Delegation and the Broward County
36	Board of County Commissioners as to their desire to appear on
37	the ballot as provided for in this act.
38	Section 2.  If at least one of the municipalities subject
39	to annexation under this act informs the Broward County
40	Legislative Delegation and the Broward County Board of County
41	Commissioners that it desires to appear on the ballot as
42	provided for in section 1, the Broward County Board of County
43	Commissioners shall schedule an election on November 2, 2004, in
44	accordance with the provisions of law relating to elections
45	currently in force in Broward County. The subject of such
46	election shall be the annexation of the St. George Area. Only
47	registered voters residing in the St. George Area as described
48	in this act may vote in such election. On the ballot provided
49	for in this section shall appear the name of each municipality
50	which shall have informed the Broward County Legislative
51	Delegation and the Broward County Board of County Commissioners
52	that it desires to appear on the ballot as provided for in
53	section 1. The voters residing in the St. George Area shall, by
54	majority vote of the voters participating in the election,
55	choose one municipality for annexation. In the event only one
56	municipality shall have informed the Broward County Legislative
57	Delegation and the Broward County Board of County Commissioners
58	that it desires to appear on the ballot as provided for in
59	section 1, the voters residing in the St. George Area shall, by
60	majority vote of the voters participating in the election,
61	choose whether to join that municipality on September 15, 2005,
62	or September 15, 2006. A mail ballot shall not be used in this
63	election; however, voters may vote by absentee ballot as
64	provided by law.
65	Section 3.  The legal description of the St. George Area is
66	as follows:
67
68	That portion of Section 6, Township 50 South, Range 42
69	East, Broward County, Florida, described as follows:
70
71	BEGIN at a point of intersection of a line 225 feet
72	East of and parallel with the West line of said
73	Section 6 and the Westerly prolongation of the North
74	right-of-way line of NW 7 Street, as shown by the plat
75	of ACADEMY AWARD HOMES SECTION 3, as recorded in Plat
76	Book 45, Page 17, of the Public Records of Broward
77	County, Florida;
78
79	thence Easterly and Southeasterly along said  North
80	right-of-way line and the Easterly prolongation
81	thereof to the Northwest corner of lot 3, Block 5, as
82	shown by the plat of TROPICANA PARK HOMES, as recorded
83	in Plat Book 46, Page 17, Public Records of Broward
84	County, Florida;
85
86	thence East along the North line of said Lot 3 to the
87	Northeast corner thereof;
88
89	thence East to the Northwest corner of Lot 6, Block
90	27, as shown by the plat of NEW BROWARDALE, as
91	recorded in Plat Book 47, Page 14, Public Records of
92	Broward County, Florida;
93
94	thence East along the North line of said Lot 6 to the
95	Northeast corner thereof being on the West right-of-
96	way line of NW 34th Terrace, as shown by said plat of
97	NEW BROWARDALE;
98
99	thence North along the said West right-of-way line to
100	the point of curvature of a curve concave to the
101	Southeast, having a radius of 85 feet;
102
103	thence North through East along said curve to the
104	point of tangency with the North right-of-way line of
105	NW 7th Street, as shown by said plat of NEW BROWARDALE;
106
107	thence East along the said North right-of-way line and
108	the Easterly prolongation thereof to the centerline of
109	NW 34th Avenue;
110
111	thence East along the North right-of-way line of NW 7th
112	Street and the Westerly prolongation thereof, to the
113	point of curvature of a curve concave to the
114	Northwest, having a radius of 25 feet;
115
116	thence East through North along the arc of said curve
117	to the point of tangency with the West right-of-way
118	line of NW AMENDED PLAT, as recorded in Plat Book 47,
119	Page 23, Public Records of Broward County, Florida;
120
121	thence East to the Northwest corner of Lot 1, Block
122	32, as shown by the said BROWARDALE 2ND ADDITION
123	AMENDED PLAT;
124
125	thence East along the North line of said Lot 1 to the
126	Northeast corner thereof;
127
128	thence Northeasterly to the Northwest corner of Lot
129	16, Block 31, as shown by the said BROWARDALE 2ND
130	ADDITION AMENDED PLAT;
131
132	thence East along the North line of said Lot 16 to the
133	Northeast corner thereof;
134
135	thence East to the Northwest corner of Lot 16, Block
136	30, as shown by said BROWARDALE 2ND ADDITION AMENDED
137	PLAT;
138
139	thence East along the North line of said Lot 16, Block
140	30 to the Northeast corner thereof;
141
142	thence South along the East line of said Lot 16, Block
143	30 to a point of intersection with the North line of
144	the Southeast One-Quarter (SE 1/4), of the Southeast
145	One-Quarter (SE 1/4), of the Northeast One-Quarter (NE
146	1/4) of said Section 6;
147
148	thence East along said North line to the East line of
149	said Section 6;
150
151	thence Northerly along said East line to the North
152	line of said Section 6;
153
154	thence West along said North line to the Northeast
155	corner of the Northwest One-Quarter (NW 1/4), of the
156	Northeast One-Quarter (NE 1/4), of the Northwest One-
157	Quarter (NW 1/4), of said Section 6, said point also
158	being on the municipal boundary of the City of
159	Lauderhill, as established by Ordinance 80 of the City
160	of Lauderhill;
161
162	thence continue West along said North line and said
163	municipal boundary and along the municipal boundary of
164	the City of Lauderhill, as established by Chapter 65-
165	1812, Laws of Florida, to a line 302 feet East of and
166	parallel with the West line of said Section 6, said
167	point being on the municipal boundary of the City of
168	Plantation, established by Chapter 68-101, Laws of
169	Florida;
170
171	thence continuing along said municipal boundary the
172	following 4 courses;
173
174	thence South along said parallel line to the North
175	right-of-way line of NW 8 Place, as shown by the plat
176	of PLAZA ESTATES, as recorded in Plat Book 46, Page
177	45, of the Public Records of Broward County, Florida;
178
179	thence Westerly along said North right-of-way line for
180	a distance of 82 feet to a point on a line 220 feet
181	East of and parallel with the West line of said
182	Section 6;
183
184	thence South along said parallel line to the Westerly
185	prolongation of the North right-of-way line of NW 7
186	Street, as shown by said plat of ACADEMY AWARD HOMES
187	SECTION 3;
188
189	thence Easterly, along said Westerly prolongation and
190	North right-of-way line, to the POINT OF BEGINNING.
191
192	Section 4.  Upon a majority of the registered voters
193	residing in the St. George Area voting for annexation into the
194	City of Lauderdale Lakes or the City of Lauderhill, the St.
195	George Area, as described in section 3, shall be deemed a part
196	of said municipality on September 15, 2005, pursuant to section
197	171.062, Florida Statutes, except as provided in this act.
198	Section 5.  An interlocal agreement shall be developed
199	between the governing bodies of Broward County and the annexing
200	municipality and executed prior to the effective date of the
201	annexation as provided in section 4. The agreement shall address
202	infrastructure improvement projects and include a financially
203	feasible plan for transitioning county services, buildings,
204	infrastructure, waterways, and employees.
205	Section 6.  The Board of County Commissioners of Broward
206	County is hereby authorized to set the election provided for in
207	section 2 by general election for the time period provided in
208	this act at the cost of Broward County. A mail ballot shall not
209	be used for any election provided for in this act; however,
210	voters may vote by absentee ballot as provided by law.
211	Section 7.  Upon annexation into the municipality, the
212	following shall govern the areas described in section 3:
213	(1)  The present land use designations and zoning districts
214	provided for under the Broward County Comprehensive Plan and
215	Code of Ordinances of Broward County shall remain the law
216	governing the St. George Area, notwithstanding the fact that the
217	St. George Area is now a part of a municipality.
218	(2)  Any change of zoning districts or land use
219	designations may only be accomplished by enactment of the vote
220	of the majority of the full governing body of the municipality
221	plus one.
222	(3)  Notwithstanding subsections (1) and (2), any use,
223	building, or structure that is legally in existence at the time
224	the St. George Area becomes a part of the municipality shall not
225	be made a prohibited use by the municipality, on the property of
226	said use, for as long as the use continues and is not
227	voluntarily abandoned.
228	Section 8.  Subsequent to the effective date of this act,
229	no change in land use designation or zoning shall be effective
230	within the limits of the lands subject to annexation herein
231	until the St. George Area has been annexed into the
232	municipality; and no annexation within the St. George Area by
233	any municipality shall occur during the time period between the
234	effective date of this act and the effective date of the
235	annexation.
236	Section 9.  Subsequent to the effective date of the
237	annexation, any resident in the area to be annexed by this act
238	into the City of Lauderdale Lakes or the City of Lauderhill
239	shall be deemed to have met any residency requirements for
240	candidacy.
241	Section 10.  Nothing in this chapter shall be construed to
242	affect or abrogate the rights of parties to any contracts,
243	whether the same be between Broward County and a third party or
244	between nongovernmental entities, which contracts are in effect
245	prior to the effective date of the annexation.
246	Section 11.  All public roads, including bridge 864107, and
247	the public rights-of-way associated therewith on the Broward
248	County Road System lying within the limits of the lands subject
249	to annexation herein, as described in section 3, except NW 31
250	Avenue, are transferred from Broward County jurisdiction to the
251	jurisdiction of the annexing municipality. All rights, title,
252	interests, and responsibilities for any transferred roads,
253	including, but not limited to, the ownership, operation,
254	maintenance, planning, design, and construction of said roads
255	and the rights-of-way associated therewith, shall transfer from
256	Broward County jurisdiction and ownership to the jurisdiction
257	and ownership of the annexing municipality upon the effective
258	date of the annexation.
259	Section 12.  This act shall take effect upon becoming a
260	law.

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