HB 1485

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

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