HB 1487

1
A bill to be entitled
2An act relating to Broward County; providing for extending
3the corporate limits of the City of Fort Lauderdale;
4providing for annexation of the unincorporated area known
5as Rock Island; providing for an election; providing for
6an effective date of annexation; providing for an
7interlocal agreement; providing for continuation of
8certain Broward County regulations; providing for transfer
9of public roads and rights-of-way; providing an effective
10date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  The legal description of the "Rock Island Area"
15is as follows:
16
17That portion of Sections 28 and 29, Township 49 South,
18Range 42 East, Broward County, Florida, described as
19follows:
20
21Beginning at a point on the municipal boundary of the
22City of Fort Lauderdale, as established by Chapter 69-
231057, Laws of Florida, being the intersection of the
24North Right of way line of NW 19 Street with the West
25right-of-way line of the Seaboard Coastline Railroad;
26
27thence along said municipal boundary of the City of
28Fort Lauderdale, the following 7 courses;
29
30thence westerly along said North right-of-way line of
31NW 19 Street to the Southeast corner of Lot 1, Block 1
32of "North West Lauderdale," as recorded in Plat Book
3325, Page 25, of the Public Records of Broward County,
34Florida;
35
36thence Northerly to the Northeast corner of Lot 4 in
37said Block 1;
38
39thence Westerly to the Northwest corner of said Lot 4;
40
41thence Southerly to the Southwest corner of said Lot 1
42and the North right-of-way line of NW 19 Street;
43
44thence Westerly along said North right-of-way line to
45the East right-of-way line of NW 31 Avenue;
46
47thence Northerly along said East right-of-way line to
48the North boundary of the South one-half (S 1/2) of
49the South one-half (S 1/2) of the Southwest one-
50quarter (SW 1/4) of said Section 29;
51
52thence Westerly along said North boundary to the West
53line of said Section 29;
54
55thence along the municipal boundary of the City of
56Lauderdale Lakes, as established by Ordinance 40, of
57the City of Lauderdale Lakes, the following three (3)
58courses:
59
60thence North along said West line to the South line of
61the Southwest one-quarter (SW 1/4) of the Southwest
62one-quarter (SW 1/4) of the Northwest one-quarter (NW
631/4) of said Section 29;
64
65thence East along said South line to the Southeast
66corner of said Southwest one-quarter (SW 1/4) of the
67Southwest one-quarter (SW 1/4) of the Northwest one-
68quarter (NW 1/4);
69
70thence North along the East line of said Southwest
71one-quarter (SW 1/4) of the Southwest one-quarter (SW
721/4) of the Northwest one-quarter (NW 1/4) to a line
7335.00 feet north of and parallel with the South line
74of the North one-half (N 1/2) of said Section 29, also
75being a point on the municipal boundary of the City of
76Oakland Park, as established by Ordinance 477, of the
77City of Oakland Park;
78
79thence along said municipal boundary of the City of
80Oakland Park and along said parallel line to a line
81100.00 feet west of and parallel with the East line of
82the West one-half (W 1/2) of the West one-half (W 1/2)
83of the Southwest one-quarter (SW 1/4) of the Northeast
84one-quarter (NE 1/4) of said Section 29;
85
86thence along the municipal boundary of the City of
87Oakland Park, as established by Chapter 79-519, Laws
88of Florida, the following four (4) courses:
89
90thence South along said parallel line, also being a
91line 270.00 feet West of the West right-of-way line of
92NW 26 Avenue, to the South right-of-way line of NW 26
93Street;
94
95thence Easterly along said South right-of-way line to
96the East right-of-way line of NW 21 Avenue;
97
98thence North along said East right-of-way line to the
99South line of the Northwest one-quarter (NW 1/4) of
100said Section 28;
101
102thence East along said South line to the West right-
103of-way line of the Seaboard Coastline Railroad;
104
105thence along the municipal boundary of the City of
106Oakland Park, as established by Chapter 83-476, Laws
107of Florida, and Southwesterly along said West right-
108of-way line to the Point of Beginning.
109
110     Section 2.  The Broward County Board of County
111Commissioners shall schedule an election in accordance with the
112provisions of the law relating to elections currently in force
113in Broward County on November 2, 2004. The subject of said
114election shall be the annexation of the Rock Island Area. Only
115registered voters residing in the Rock Island Area as described
116in this act may vote in said election. On the ballot provided
117for in this section shall appear the City of Fort Lauderdale.
118The voters residing in the Rock Island Area shall, by majority
119vote of the voters participating in the election, choose whether
120to join that city on September 15, 2005, or September 15, 2006.
121A mail ballot shall not be used in this election. However,
122voters may vote by absentee ballot as provided by law.
123     Section 3.  Upon a majority of the registered voters
124residing in the Rock Island Area voting for annexation into the
125City of Fort Lauderdale, the Rock Island Area described in
126section 1 shall be deemed a part of said municipality on
127September 15, 2005, or September 15, 2006, pursuant to s.
128171.062, Florida Statutes, except as provided for in this act.
129     Section 4.  An interlocal agreement shall be developed
130between the governing bodies of Broward County and the annexing
131municipality and executed prior to the effective date of the
132annexation as provided for in section 3. The agreement shall
133address infrastructure improvement projects and include a
134financially feasible plan for transitioning county services,
135buildings, infrastructure, waterways, and employees.
136     Section 5.  Upon annexation into a municipality, the
137following shall govern the areas described in section 1:
138     (1)  The present land use designations and zoning districts
139provided for under the Broward County Comprehensive Plan and
140Code of Ordinances of Broward County shall remain the law
141governing the Rock Island Area, notwithstanding the fact that
142the Rock Island Area is now a part of a municipality.
143     (2)  Any change of zoning districts or land use
144designations may only be accomplished by enactment of the vote
145of the majority of the full governing body of the municipality
146plus one.
147     (3)  Notwithstanding subsections (1) and (2), any use,
148building, or structure that is legally in existence at the time
149that the Rock Island Area becomes a part of the municipality
150shall not be made a prohibited use by the municipality, on the
151property of said use, for as long as the use shall continue, and
152not be voluntarily abandoned.
153     Section 6.  Subsequent to the effective date of this act,
154no change in land use designation or zoning shall be effective
155within the limits of the lands subject to annexation herein
156until the Rock Island Area has been annexed into the
157municipality; no annexation within the Rock Island Area by any
158municipality shall occur during the time period between the
159effective date of this act and the effective date of the
160annexation.
161     Section 7.  Any resident in the area to be annexed by this
162act into the City of Fort Lauderdale shall be deemed to have met
163any residency requirements for candidacy.
164     Section 8.  Nothing in this act shall be construed to
165affect or abrogate the rights of parties to any contracts,
166whether the same be between Broward County and a third party or
167between nongovernmental entities, which contracts are in effect
168prior to the effective date of the annexation.
169     Section 9.  All public roads and the public rights-of-way
170associated therewith, on the Broward County Road System, lying
171within the limits of the lands subject to annexation herein, as
172described in section 1, are transferred from Broward County
173jurisdiction to the jurisdiction of the annexing municipality,
174except NW 31 Avenue and NW 21 Avenue, lying within the limits of
175the annexation area. All rights, title, interests, and
176responsibilities for any transferred roads, including, but not
177limited to, the ownership, operation, maintenance, planning,
178design, and construction of said roads, and to the rights-of-way
179associated therewith, shall transfer from Broward County
180jurisdiction and ownership to the jurisdiction and ownership of
181the annexing municipality upon the effective date of the
182annexation.
183     Section 10.  This act shall take effect upon becoming a
184law.


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