HB 1485

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
8	extending the corporate limits of the City of Fort
9	Lauderdale or the City of Oakland Park; providing for
10	annexation of the unincorporated area known as North
11	Andrews Gardens; providing for an election; providing
12	for an effective date of annexation; providing for an
13	interlocal agreement; providing for a continuation of
14	certain Broward County regulations; providing for the
15	transfer of public roads and rights-of-way; providing
16	an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  No later than July 1, 2004, the governing
21	bodies for the City of Fort Lauderdale and for the City of
22	Oakland Park, after having considered the effects of annexation
23	on the residents of both the North Andrews Gardens area, as
24	hereinafter described, and on the respective municipality, shall
25	inform the Broward County Legislative Delegation and the Broward
26	County Board of County Commissioners of their desire to appear
27	on the ballot as provided for in this act.
28	Section 2.  If at least one of the municipalities specified
29	in section 1 informs the Broward County Legislative Delegation
30	and the Broward County Board of County Commissioners that it
31	desires to appear on the ballot, the Broward County Board of
32	County Commissioners shall schedule an election on August 31,
33	2004, at the cost of Broward County, in accordance with the
34	provisions of law relating to elections currently in force in
35	Broward County. The subject of such election shall be the
36	annexation of the North Andrews Gardens Area. Only registered
37	voters residing in the North Andrews Gardens Area as described
38	in this act may vote in such election. On the ballot provided
39	for in this section shall appear the name of each municipality
40	which shall have informed the Broward County Legislative
41	Delegation and the Broward County Board of County Commissioners
42	that it desires to appear on the ballot as provided for in
43	section 1. The voters residing in the North Andrews Gardens Area
44	shall, by majority vote of the voters participating in the
45	election, choose one municipality for annexation. In the event
46	only one municipality shall have informed the Broward County
47	Legislative Delegation and the Broward County Board of County
48	Commissioners that it desires to appear on the ballot as
49	provided for in section 1, the voters residing in the North
50	Andrews Garden Area shall, by majority vote of the voters
51	participating in the election, choose whether to join that
52	municipality on September 15, 2005, or September 15, 2006. A
53	mail ballot shall not be used in this election. However, voters
54	may vote by absentee ballot as provided by law.
55	Section 3.  Legal description of the North Andrews Gardens
56	area:
57
58	That portion of Sections 10, 11 and 15 Township 49
59	South, Range 42 East, Broward County, Florida,
60	described as follows:
61
62	Begin at a point at the South right-of-way line of
63	East Commercial Boulevard and the West right-of-way
64	line of N.E. 6 Avenue, said point being on the
65	municipal boundary of the City of Oakland Park, as
66	established by Chapter 79-519, Laws of Florida;
67
68	Thence continuing along said municipal boundary the
69	following 12 courses:
70
71	Thence Southerly along the West right-of-way line of
72	N.E. 6 Avenue to a point 100.19 feet South of the
73	South right-of-way line of N.E. 46 Street;
74
75	Thence Westerly along the North line of SEMINOLE
76	WAREHOUSE PLAT ADDITION, Plat Book 39, Page 32,
77	Broward County Records, for 305.80 feet;
78
79	Thence Southerly along the West line of said SEMINOLE
80	WAREHOUSE PLAT ADDITION, and SEMINOLE WAREHOUSE PLAT,
81	Plat Book 38, Page 8, of the Broward County Records,
82	to a point 75 feet North of the North right-of-way
83	line of N.E. 44 Street;
84
85	Thence West parallel with the North right-of-way line
86	of  N.E. 44 Street to a point on the West right-of-way
87	line of N.E. 5 Avenue;
88
89	Thence North along the West right-of-way line of N.E.
90	5 Avenue to a point being 100 feet North of the North
91	right-of-way line of N.E. 44 Street;
92
93	Thence West along a line parallel with and 100 feet
94	North of the North right-of-way line of N.E. 44
95	Street, to the N.W. corner of Lot 46, Block 9, NORTH
96	ANDREWS GARDENS SECOND ADDITION, Plat Book 31, Page
97	39, Broward County Records;
98
99	Thence Northerly to the N.E. corner of Lot 11, Block
100	8, of said NORTH ANDREWS GARDENS SECOND ADDITION;
101
102	Thence Westerly along the North line of said Lot 11,
103	Block 8, to the East right-of-way line of N.E. 1
104	Terrace;
105
106	Thence Northerly along said East right-of-way line to
107	the North right-of-way line of N.E. 45 Street;
108
109	Thence Westerly along said North right-of-way line to
110	the West right-of-way line of N.W. 3 Avenue;
111
112	Thence Southerly to a point 110 feet South of the
113	South right-of-way line of N.W. 45 Street;
114
115	Thence Westerly to the Easterly right-of-way line of
116	Interstate 95, said point being on the municipal
117	boundary of the City of Oakland Park, as established
118	by Chapter 83-476, Laws of Florida;
119
120	Thence Northerly along said Easterly right-of-way line
121	and said municipal boundary to a point on the South
122	line of Parcel A, STILES-BENTON PLAT, according to the
123	plat thereof, as recorded in Plat Book 155, Page 34,
124	of the Public Records of Broward County, Florida, said
125	point being on the municipal boundary of the City of
126	Fort Lauderdale, as established by Ordinance No. C-94-
127	41;
128
129	Thence East, South, East and Northeast along the
130	Southerly line of said Parcel A to a point on the
131	Easterly right-of-way line of Interstate 95, said
132	point being on the municipal boundary of the City of
133	Oakland Park, as established by the aforesaid Chapter
134	83-476, Laws of Florida;
135
136	Thence along said Easterly right-of-way line and said
137	municipal boundary to the West line of the HARRAH
138	PLAT, according to the plat  thereof, as  recorded in
139	Plat Book 100, Page 25, of  the Public Records of
140	Broward County, Florida, said point being on the
141	municipal boundary of the City of Fort Lauderdale, as
142	established by Ordinance No. C-94-16;
143
144	Thence Southerly, along the West limits of said HARRAH
145	PLAT and said municipal boundary, for a distance of
146	299.15 feet to the Southwest corner of said HARRAH
147	PLAT;
148
149	Thence Easterly, along the South line of said HARRAH
150	PLAT and said municipal boundary, for a distance of
151	633.25 feet to the West right-of-way line of Northeast
152	9 Avenue, said point being on  the municipal boundary
153	of the City of Oakland  Park, as established by
154	Chapter 75-452, Laws of Florida;
155
156	Thence along said municipal boundary the following 5
157	courses:
158
159	Thence Southerly, along said West right of way line,
160	to a point 100 feet North of the North right-of-way
161	line of Northeast 58 Court;
162
163	Thence Easterly for a distance of 400 feet;
164
165	Thence Southerly to the North right-of-way line of
166	Northeast 58 Street;
167
168	Thence Westerly to the West right-of-way line of
169	Northeast 9 Avenue;
170
171	Thence Southerly, along said West right of way line,
172	to the North right-of-way line of Northeast 56 Street,
173	said point being on the municipal boundary of the City
174	of Oakland Park, as established by Ordinance No. 562;
175
176	Thence Westerly, along said North right of way line
177	and said municipal boundary, to the West right-of-way
178	line of Northeast 6 Avenue;
179
180	Thence Southerly, along said West right of way line
181	and said municipal boundary, to the POINT OF
182	BEGINNING.
183
184	Section 4.  Upon a majority of the registered voters
185	residing in the North Andrews Gardens area voting for annexation
186	into the City of Fort Lauderdale or the City of Oakland Park,
187	the North Andrews Gardens area described in section 3 shall be
188	deemed a part of said municipality on September 15, 2005,
189	pursuant to section 171.062, Florida Statutes, except as
190	provided for in this act.
191	Section 5.  An interlocal agreement shall be developed
192	between the governing bodies of Broward County and the annexing
193	municipality and executed prior to the effective date of the
194	annexation. The agreement shall address infrastructure
195	improvement projects and include a financially feasible plan for
196	transitioning county services, buildings, infrastructure,
197	waterways, and employees.
198	Section 6.  Upon annexation into the municipality, the
199	following shall govern the areas described in section 3:
200	(1)  The present land use designations and zoning districts
201	provided for under the Broward County Comprehensive Plan and
202	Code of Ordinances of Broward County shall remain the law
203	governing the North Andrews Gardens area, notwithstanding the
204	fact that the North Andrews Gardens area is now a part of a
205	municipality.
206	(2)  Any change of zoning districts or land use
207	designations may only be accomplished by enactment of the vote
208	of the majority of the full governing body of the municipality
209	plus one.
210	(3)  Notwithstanding subsections (1) and (2), any use,
211	building, or structure that is legally in existence at the time
212	that the North Andrews Gardens area becomes a part of the
213	municipality shall not be made a prohibited use by the
214	municipality, on the property of said use, for as long as the
215	use shall continue, and not be voluntarily abandoned.
216	Section 7.  Subsequent to the effective date of this act,
217	no change in land use designation or zoning shall be effective
218	within the limits of the lands subject to annexation herein
219	until the North Andrews Gardens area has been annexed into the
220	municipality; no annexation within the North Andrews Gardens
221	area by any municipality shall occur during the time period
222	between the effective date of this act and the effective date of
223	the annexation.
224	Section 8.  Any resident in the area to be annexed by this
225	act into the City of Fort Lauderdale or the City of Oakland Park
226	shall be deemed to have met any residency requirements for
227	candidacy for any municipal office.
228	Section 9.  Nothing in this chapter shall be construed to
229	affect or abrogate the rights of parties to any contracts,
230	whether the same be between Broward County and a third party or
231	between nongovernmental entities, which contracts are in effect
232	prior to the effective date of the annexation.
233	Section 10.  All public roads and the public rights-of-way
234	associated therewith, on the Broward County Road System, lying
235	within the limits of the lands subject to annexation herein, as
236	described in section 3, are transferred from Broward County
237	jurisdiction to the jurisdiction of the annexing municipality,
238	except for Andrews Avenue. All rights, title, interests, and
239	responsibilities for any transferred roads, including, but not
240	limited to, the ownership, operation, maintenance, planning,
241	design, and construction of said roads and to the rights-of-way
242	associated therewith, shall transfer from Broward County
243	jurisdiction and ownership to the jurisdiction and ownership of
244	the annexing municipality upon the effective date of the
245	annexation.
246	Section 11.  This act shall take effect upon becoming a
247	law.

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