HB 1409

1	A bill to be entitled
2	An act relating to Broward County; providing for extending
3	the corporate limits of the City of Pompano Beach or the
4	City of Deerfield Beach; providing for annexation of the
5	unincorporated area known as the Pompano Highlands;
6	providing for an election; providing for an effective date
7	of annexation; providing for interlocal agreement;
8	providing for continuation of certain Broward County
9	regulations; providing for transfer of public roads and
10	rights-of-way; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  The legal description of the area referred to
15	in this act as the ?Pompano Highlands Area? is as follows:
16
17	A portion of Sections 12 and 13, Township 48 South,
18	Range 42 East; and a portion of Sections 7 and 18,
19	Township 48 South, Range 43 East, Broward County,
20	Florida, described as follows:
21
22	BEGINNING at the intersection of the South right-of-
23	way line of SE 15 Street (NE 54 Street), being a point
24	on the municipal boundary of the City of Deerfield
25	Beach, as established by Chapter 70-647, Laws of
26	Florida, with the Westerly right-of-way line of
27	Federal Highway, State Road No.5 (U.S. No. 1), being a
28	point on the municipal boundary of the City of
29	Lighthouse Point, as established by Chapter 70-783,
30	Laws of Florida,
31
32	THENCE Southwesterly along said Westerly right-of-way
33	line, as established by Chapter 70-783 and continuing
34	Southwesterly along the Westerly right-of-way line of
35	Federal Highway, State Road No. 5 (U.S. No.1), also
36	being along the municipal boundary of the City of
37	Lighthouse Point, as established by Chapter 70-784,
38	Laws of Florida, to the centerline of NE 36 Street
39	(Sample Road);
40
41	THENCE Westerly along said centerline also being along
42	the municipal boundary of the City of Pompano Beach,
43	as established by Chapter 2000-476, Laws of Florida to
44	the East right-of-way line of the Florida, East Coast
45	Railway;
46
47	THENCE Northeasterly along said East right-of-way
48	line, a portion of which is along the municipal
49	boundary of the City of Deerfield Beach, as
50	established by Chapter 99-471, Laws of Florida, to the
51	South line of Parcel ?A?, MORGAN PLAT NO. 1, according
52	to the plat thereof  as recorded in Plat Book 110,
53	Page 42, of the Public Records of Broward County,
54	Florida;
55
56	THENCE along the municipal boundary of the City of
57	Deerfield Beach, as established by Ordinance 1985/24,
58	City of Deerfield Beach, the following two (2)
59	courses;
60
61	THENCE Easterly along the said South line of Parcel
62	?A? to the East line of said Parcel ?A?;
63
64	THENCE Northerly along said East line to the
65	intersection with the East right-of-way line of NE
66	13th Way, as shown on said MORGAN PLAT NO. 1;
67
68	THENCE along the municipal boundary of the City of
69	Deerfield Beach, as established by Chapter 99-471,
70	Laws of Florida, the following three (3) courses;
71
72	THENCE Northerly along the said East right-of-way line
73	to the North line of Parcel ?B? of said MORGAN PLAT
74	NO. 1;
75
76	THENCE Easterly along said North line to the East line
77	of said Parcel ?B?;
78
79	THENCE Northerly along the Northerly extension of said
80	East line to the South right-of-way line of SW 15
81	Street (NE 54 Street), as established by aforesaid
82	Chapter 70-647, Laws of Florida;
83
84	THENCE Easterly along said South right-of-way line to
85	the POINT OF BEGINNING.
86
87	Section 2.  The Broward County Board of County
88	Commissioners shall schedule an election in accordance with
89	provisions of the law relating to elections currently in force
90	in Broward County on November 2, 2004. The subject of said
91	election shall be the annexation of the Pompano Highlands Area.
92	Only registered voters residing in the Pompano Highlands Area as
93	described in this act may vote in said election. On the ballot
94	provided for in this section shall appear the name of the City
95	of Deerfield Beach and the City of Pompano Beach. Voters
96	residing in the Pompano Highlands Area shall by majority vote of
97	the voters participating in the election choose one municipality
98	for annexation. Mail ballots shall not be used in this election;
99	however, voters may vote by absentee ballots as provided by law.
100	Section 3.  Upon a majority of the registered voters
101	residing in the Pompano Highlands Area voting for annexation
102	into the City of Deerfield Beach or the City of Pompano Beach,
103	the Pompano Highlands Area described in section 1 shall be
104	deemed a part of said municipality on September 15, 2005,
105	pursuant to s. 171.062, Florida Statutes, except as provided for
106	in this act.
107	Section 4.  An interlocal agreement shall be developed
108	between the governing bodies of Broward County and the annexing
109	municipality and executed prior to the effective date of the
110	annexation as provided for in section 3. The agreement shall
111	address infrastructure improvement projects and include a
112	financially feasible plan for transitioning county services,
113	buildings, infrastructure, waterways, and employees.
114	Section 5.  Upon annexation into the municipality, the
115	following shall govern the areas described in section 1:
116	(1)  The present land use designations and zoning districts
117	provided for under the Broward County Comprehensive Plan and
118	Code of Ordinances of Broward County shall remain the law
119	governing the Pompano Highlands Area, notwithstanding the fact
120	that the Pompano Highlands Area is now a part of a municipality.
121	The land use designations and zoning of Broward County shall be
122	deemed the conforming laws of the municipality of which the
123	Pompano Highlands Area is now a part.
124	(2)  Any change of zoning districts or land use
125	designations may only be accomplished by enactment of the vote
126	of the majority of the full governing body of the municipality
127	plus one.
128	(3)  Notwithstanding subsections (1) and (2), any use,
129	building, or structure that is legally in existence at the time
130	the Pompano Highlands Area becomes a part of the municipality
131	shall not be made a prohibited use by the municipality, on the
132	property of said use, for as long as the use shall continue, and
133	shall not be voluntarily abandoned.
134	Section 6.  Subsequent to the effective date of this act,
135	no change in land use designation or zoning shall be effective
136	within the limits of the lands subject to annexation herein
137	until the Pompano Highlands Area has been annexed into the
138	municipality; no annexation within the Pompano Highlands Area by
139	any municipality shall occur during the time period between the
140	effective date of this act and the effective date of the
141	annexation.
142	Section 7.  Any resident in the area to be annexed by this
143	act into the City of Deerfield Beach or the City of Pompano
144	Beach shall be deemed to have met any residency requirements for
145	candidacy for municipal office.
146	Section 8.  Nothing in this act shall be construed to
147	affect or abrogate the rights of parties to any contracts,
148	whether the same be between Broward County and a third party or
149	between nongovernmental entities, which contracts are in effect
150	prior to the effective date of the annexation.
151	Section 9.  All public roads and the public rights-of-way
152	associated therewith on the Broward County Road System, lying
153	within the limits of the lands subject to annexation herein, as
154	described in section 1, are transferred from Broward County
155	jurisdiction to the jurisdiction of the annexing municipality.
156	All rights, title, interests, and responsibilities for any
157	transferred roads, including, but not limited to, the ownership,
158	operation, maintenance, planning, design, and construction of
159	said roads, and to the rights-of-way associated therewith, shall
160	transfer from Broward County jurisdiction and ownership to the
161	jurisdiction and ownership of the annexing municipality upon the
162	effective date of the annexation.
163	Section 10.  This act shall take effect upon becoming a
164	law.

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