Senate Bill sb3174
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    Florida Senate - 2004        (NP)                      SB 3174
    By Senator Campbell
    32-2608-04                                      See CS/HB 1417
  1                      A bill to be entitled
  2         An act relating to Broward County; providing
  3         for extending the corporate limits of the City
  4         of Pompano Beach; providing for annexation of
  5         specified unincorporated areas; providing for
  6         an interlocal agreement; providing for
  7         continuation of certain Broward County
  8         regulations; providing for the transfer of
  9         Broward County roads and rights-of-way;
10         providing an effective date.
11  
12  Be It Enacted by the Legislature of the State of Florida:
13  
14         Section 1.  Effective September 15, 2004, the following
15  described lands shall be annexed into and become a part of the
16  City of Pompano Beach:
17  
18         That portion of Sections  22, 23, 24, 25 and
19         26, Township 48 South, Range 42 East, Broward
20         County, Florida, described as follows:
21  
22         BEGINNING at the intersection of the Easterly
23         right-of-way line of the Florida East Coast
24         Railway as described in Ordinance No. 80-38 of
25         the City Commission of the City of Pompano
26         Beach with the South right-of-way line of N.E.
27         24 Street (Copans Road), as described in said
28         Ordinance No. 80-38;
29  
30         Thence Northwesterly and Westerly along said
31         South right-of-way line and along the municipal
                                  1
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    Florida Senate - 2004        (NP)                      SB 3174
    32-2608-04                                      See CS/HB 1417
 1         boundary of the City of Pompano Beach, as
 2         described in said Ordinance No. 80-38, through
 3         said Section 25 and into said Section 26, to
 4         the East line of the West half of said Section
 5         26;
 6  
 7         Thence Northerly along said East line and along
 8         the municipal boundary of the City of Pompano
 9         Beach, as described in Chapter 69-1513, Laws
10         of  Florida, to the North line of the West
11         One-Half (W 1/2) of said Section 26;
12  
13         Thence Westerly along said North line, along
14         the South line of the Southeast One-Quarter (SE
15         1/4) of said Section 22 and along said
16         municipal boundary, to the Easterly
17         right-of-way line of the Seaboard Coastline
18         Railroad;
19  
20         Thence Northeasterly along said Easterly
21         right-of-way line and along the municipal
22         boundary of the City of Pompano Beach, as
23         described in Chapter 2000-458, Laws of Florida,
24         to the Westerly right-of-way line of Interstate
25         95 (State Road No. 9) as shown on Florida
26         Department of Transportation Right-of-way Map
27         (Section 86070-2413);
28  
29         Thence North 88°30'27" East along said Westerly
30         right-of-way line and the South line of a
31         parcel described in Ordinance No. 90-53 of the
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    Florida Senate - 2004        (NP)                      SB 3174
    32-2608-04                                      See CS/HB 1417
 1         City Commission of the City of Pompano Beach,
 2         Florida, a distance of 277.01 feet;
 3  
 4         Thence North 59°00'27" East along said Westerly
 5         right-of-way line and the Southerly line of
 6         said parcel, a distance of 88.64 feet;
 7  
 8         Thence North 29°30'27" East along said Westerly
 9         right-of-way line and the Easterly line of said
10         parcel, a distance of 435.76 feet to the point
11         of curvature of a curve concave to the
12         Southeast;
13  
14         Thence Northeasterly along said Westerly
15         right-of-way line and the Easterly line of
16         a  parcel described in Ordinance No. 90-54 of
17         the City Commission of the City of Pompano
18         Beach, Florida, and along the arc of said
19         curve, having a radius of 772.00 feet and a
20         central angle of 43°27'07", an arc distance of
21         585.47 feet to a point of tangency;
22  
23         Thence continuing along the boundary of said
24         parcel  described in said Ordinance No. 90-54,
25         the  following 12 courses;
26  
27         North 73°03'48" East along said Westerly
28         right-of-way line, a distance of 679.79 feet to
29         the point of curvature of a curve concave to
30         the Northwest;
31  
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    Florida Senate - 2004        (NP)                      SB 3174
    32-2608-04                                      See CS/HB 1417
 1         Northeasterly along said Westerly right-of-way
 2         line and the arc of said curve, having a radius
 3         of 901.74 feet and a central angle of
 4         31°24'05", an arc distance of 494.20 feet to a
 5         point of tangency;
 6  
 7         North 41°39'43" East along said Westerly
 8         right-of-way line, a distance of 474.37 feet;
 9  
10         North 37°39'43" East along said Westerly
11         right-of-way line, a distance of 929.07 feet to
12         a point of curvature of a curve concave to the
13         Northwest;
14  
15         Northeasterly along the Westerly right-of-way
16         line and the arc of said curve, having a radius
17         of 3300.52 feet, a central angle of 03°19'12",
18         an arc distance of 191.25 feet to the North
19         line of the Southwest One-Quarter (SW 1/4) of
20         said Section 23;
21  
22         South 88°36'48" West along said North line, a
23         distance of 1242.61 feet to the East line of
24         the West One-Half (W 1/2) of the Northwest
25         One-Quarter (NW 1/4) of said Section 23;
26  
27         North 01°31'35" West along said East line, a
28         distance of 1960.40 feet to the North line of
29         the South One-Half (S 1/2) of the Northwest
30         One-Quarter (NW 1/4) of the Northwest
31         One-Quarter (NW 1/4) of said Section 23;
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    Florida Senate - 2004        (NP)                      SB 3174
    32-2608-04                                      See CS/HB 1417
 1  
 2         South 88°40'22" West along said North line, a
 3         distance of 564.24 feet;
 4  
 5         North 01°17'56" West, a distance of 153.74
 6         feet;
 7  
 8         South 88°42'03" West, a distance of 100.00
 9         feet;
10  
11         South 01°17'56" East, a distance of 208.79 feet
12         to a line 55.00 feet South of and parallel with
13         the North line of the South One-Half (S 1/2) of
14         the Northwest One-Quarter (NW 1/4) of the
15         Northwest One-Quarter (NW 1/4) of said Section
16         23;
17  
18         South 88°40'22" West along said parallel line,
19         a distance of 285.52 feet to the Easterly
20         right-of-way line of the Seaboard Coastline
21         Railroad, being a point on the municipal
22         boundary of the City of Pompano Beach, as
23         described in Chapter 2000-458, Laws of Florida;
24  
25         Thence Northeasterly along said municipal
26         boundary and along said Easterly right-of-way
27         line to the centerline of N.W. 36 Street
28         (Sample Road);
29  
30         Thence Easterly along said centerline to the
31         Easterly right-of-way line of the Florida East
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    Florida Senate - 2004        (NP)                      SB 3174
    32-2608-04                                      See CS/HB 1417
 1         Coast Railway, being a point on the municipal
 2         boundary of the City of Pompano Beach, as
 3         described in Chapter 2000-476, Laws of Florida;
 4  
 5         Thence Southwesterly along said Easterly
 6         right-of-way line and along said municipal
 7         boundary to the POINT OF BEGINNING.
 8  
 9         Section 2.  An interlocal agreement shall be developed
10  between the governing bodies of Broward County and the City of
11  Pompano Beach and executed prior to the effective date of the
12  annexation as provided for in section 1. The agreement shall
13  include a financially feasible plan for transitioning county
14  services, buildings, infrastructure, waterways, and employees.
15         Section 3.  Upon annexation into the municipality, the
16  following shall govern the areas described in section 1:
17         (1)  The present land use designations and zoning
18  districts provided for under the Broward County Comprehensive
19  Plan and Code of Ordinances of Broward County shall remain the
20  law governing the area described in section 1, notwithstanding
21  the fact that the area described in section 1 is now a part of
22  a municipality.
23         (2)  Any change of zoning districts or land use
24  designations may only be accomplished by enactment of the vote
25  of the majority of the full governing body of the municipality
26  plus one.
27         (3)  Notwithstanding subsections (1) and (2), any use,
28  building, or structure that is legally in existence at the
29  time that the area described in section 1 becomes a part of
30  the municipality, said use shall not be made a prohibited use
31  
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    Florida Senate - 2004        (NP)                      SB 3174
    32-2608-04                                      See CS/HB 1417
 1  by the municipality, on the property of said use, for as long
 2  as the use shall continue and not be voluntarily abandoned.
 3         Section 4.  Subsequent to the effective date of this
 4  act, no change in land use designation or zoning shall be
 5  effective within the limits of the lands subject to annexation
 6  herein until the area described in section 1 has been annexed
 7  into the municipality; and no annexation within the area
 8  described in section 1 by any municipality shall occur during
 9  the time period between the effective date of this act and the
10  effective date of the annexation.
11         Section 5.  Subsequent to the effective date of the
12  annexation, any resident in the area to be annexed into the
13  City of Pompano Beach by this act shall be deemed to have met
14  any residency requirements for candidacy for any municipal
15  office.
16         Section 6.  Nothing in this chapter shall be construed
17  to affect or abrogate the rights of parties to any contracts,
18  whether the same be between Broward County and a third party
19  or between nongovernmental entities, which contracts are in
20  effect prior to the effective date of the annexation.
21         Section 7.  All public roads on the Broward County Road
22  System, and the public rights-of-way associated therewith,
23  lying within the limits of the lands subject to annexation
24  herein, as described in section 1, are transferred from
25  Broward County jurisdiction to the jurisdiction of the City of
26  Pompano Beach. All rights, title, interests, and
27  responsibilities for such transferred roads, including, but
28  not limited to, the ownership, operation, maintenance,
29  planning, design, and construction of said roads and the
30  rights-of-way associated therewith shall transfer from Broward
31  County jurisdiction and ownership to the jurisdiction and
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    Florida Senate - 2004        (NP)                      SB 3174
    32-2608-04                                      See CS/HB 1417
 1  ownership of the City of Pompano Beach upon the effective date
 2  of the annexation.
 3         Section 8.  This act shall take effect upon becoming a
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