Senate Bill sb3194

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004        (NP)                      SB 3194

    By Senator Campbell





    32-2601-04                                      See CS/HB 1393

  1                      A bill to be entitled

  2         An act relating to Broward County; providing

  3         for extending the corporate limits of the Town

  4         of Davie, the City of Fort Lauderdale, or the

  5         City of Plantation; providing for annexation of

  6         the unincorporated area known as Broadview

  7         Park; providing for an election; providing for

  8         an effective date of annexation; providing for

  9         an interlocal agreement; providing for a

10         continuation of certain Broward County

11         regulations; providing for transfer of public

12         roads and rights-of-way; providing an effective

13         date.

14  

15  Be It Enacted by the Legislature of the State of Florida:

16  

17         Section 1.  No later than July 1, 2004, the governing

18  body of the municipalities of the Town of Davie, the City of

19  Fort Lauderdale, and the City of Plantation, after having

20  considered the effects of annexation on the residents of both

21  the "Broadview Park Area," as hereinafter described, and on

22  the respective municipality, shall inform the Broward County

23  Legislative Delegation and the Broward County Board of County

24  Commissioners of their desire to appear on the ballot as

25  provided for in this act.

26         Section 2.  The Broward County Board of County

27  Commissioners shall schedule an election in accordance with

28  the provisions of the law relating to elections currently in

29  force in Broward County on November 2, 2004. The subject of

30  said election shall be the annexation of the Broadview Park

31  Area. Only registered voters residing in the Broadview Park

                                  1

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






    Florida Senate - 2004        (NP)                      SB 3194
    32-2601-04                                      See CS/HB 1393




 1  Area as described in section 3 may vote in said election. On

 2  the ballot provided for in this section shall appear the name

 3  of each municipality which shall have informed the Broward

 4  County Legislative Delegation that it desires to appear on the

 5  ballot as provided for in section 1. The voters residing in

 6  the Broadview Park Area shall, by plurality vote of the voters

 7  participating in the election, choose to be annexed by one

 8  municipality effective September 15, 2005. In the event only

 9  one municipality shall have informed the Broward County

10  Legislative Delegation that it desires to appear on the ballot

11  as provided for in section 1, the voters residing in the

12  Broadview Park Area shall, by majority vote of the voters

13  participating in the election, choose whether to be annexed by

14  that city on September 15, 2005, or September 15, 2006. A mail

15  ballot shall not be used in this election. However, voters may

16  vote by absentee ballot as provided by law.

17         Section 3.  The "Broadview Park Area" is described as:

18  

19         That portion of Sections 13, 14, 23 and 24,

20         Township 50 South, Range 41 East and Section

21         18, Township 50 South, Range 42 East, Broward

22         County, Florida, described as follows:

23  

24         Beginning at a point on the boundary of the

25         City of Plantation established by Chapter

26         68-101 Laws of Florida, being the Southeast

27         corner of Tract 1, Tier 24, according to

28         Newman's Survey of Section 14, Township 50

29         South, Range 41 East, as recorded in Plat Book

30         2, Page 26, Public Records of Dade County,

31         Florida;

                                  2

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






    Florida Senate - 2004        (NP)                      SB 3194
    32-2601-04                                      See CS/HB 1393




 1  

 2         thence continuing along the said boundary of

 3         the City of Plantation the following 6 courses;

 4  

 5         thence Northeasterly along the East line of

 6         said Tier 24, to the North line of said Section

 7         13;

 8  

 9         thence East along the said North line of

10         Section 13 to a point of intersection with the

11         Northerly extension of the Westerly line of

12         Block 3, as shown by the plat of LAUDERDALE

13         HIGHLANDS as recorded in Plat Book 12, at Page

14         37, Public Records of Broward County, Florida;

15  

16         thence Southwesterly along the Westerly line of

17         said Block 3 and its Northerly extension

18         thereof, to the Southwesterly corner of Lot 11

19         of said Block 3;

20  

21         thence Easterly along the Southerly line of

22         said Lot 11 and its Easterly extension thereof,

23         to a point of intersection with the Easterly

24         right-of-way line of Highland Avenue, as shown

25         by said plat of LAUDERDALE HIGHLANDS;

26  

27         thence Southwesterly along the Easterly

28         right-of-way line of said Highland Avenue to a

29         point of intersection with the South line of

30         Block 1, as shown by said plat of LAUDERDALE

31         HIGHLANDS;

                                  3

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






    Florida Senate - 2004        (NP)                      SB 3194
    32-2601-04                                      See CS/HB 1393




 1  

 2         thence Easterly along the South line of said

 3         Block 1 and its Easterly extension thereof to a

 4         point of intersection with the East

 5         right-of-way line of State Road No. 7, as

 6         described in City of Fort Lauderdale annexing

 7         Resolution No. 8519;

 8  

 9         thence Southerly along the said east

10         right-of-way line to the North right-of-way

11         line of Riverland Road and the boundary of the

12         Town of Davie as described in Chapter 84-420,

13         Laws of Florida;

14  

15         thence continuing along said boundary of the

16         Town of Davie the following 10 courses;

17  

18         thence Westerly along the Westerly prolongation

19         of the said North right-of-way line to the West

20         right-of-way line of State Road No. 7;

21  

22         thence Southerly along said West right-of-way

23         line to a point of intersection with a line 300

24         feet North of the Southerly line of Tract 2,

25         Tier 4, of said Newman's Survey, as measured

26         along the said Westerly right-of-way line;

27  

28         thence Northwesterly to a point on the Easterly

29         right-of-way line of Southwest 41st Avenue,

30         being 298.34 feet Northerly from the Southwest

31         corner of said Tract 2, Tier 4;

                                  4

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






    Florida Senate - 2004        (NP)                      SB 3194
    32-2601-04                                      See CS/HB 1393




 1  

 2         thence Westerly to a point of intersection of

 3         the West right-of-way line of Southwest 41st

 4         Avenue with the North line of said Section 24;

 5  

 6         thence Southwesterly along the said West

 7         right-of-way line to the centerline of North

 8         New River Canal;

 9  

10         thence Southeasterly along said centerline to

11         the Westerly right-of-way line of State Road

12         No. 7;

13  

14         thence Southwesterly along said West

15         right-of-line to the South bank of the North

16         New River Canal;

17  

18         thence Northwesterly along said South bank to

19         the Northerly extension of the West line of the

20         East One-Half of Tract 1, Tier 7 of said

21         Newman's Survey;

22  

23         thence Southwesterly along said Northerly

24         extension to the Northwest corner of the said

25         East One-Half of Tract 1, Tier 7, also being on

26         the South right-of-way line of North New River

27         Canal;

28  

29         thence Northwesterly along the said Southerly

30         right-of-way line to the Easterly line of Tier

31         21 of said Newman's Survey;

                                  5

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






    Florida Senate - 2004        (NP)                      SB 3194
    32-2601-04                                      See CS/HB 1393




 1  

 2         thence Northwesterly, continuing on the

 3         boundary of the Town of Davie, along the said

 4         Southerly right-of-way line to the intersection

 5         with the Southwesterly extension of the East

 6         line of the aforesaid Tract 1, Tier 24;

 7  

 8         thence Northeasterly along said Southwesterly

 9         extension to the POINT OF BEGINNING.

10  

11         Section 4.  If the unincorporated area described in

12  section 3 is annexed by either the Town of Davie or the City

13  of Plantation, the additional area described in section 5

14  shall be included in the annexation.

15         Section 5.  The additional area shall be described as:

16  

17         That portion of Sections 7, 8, 14, 15, 16 and

18         17, Township 50 South, Range 41 East and

19         Sections 2, 11 and 12, Township 50 South, Range

20         40 East, Broward County, Florida, described as

21         follows:

22  

23         Beginning at a point on the boundary of the

24         City of Plantation established by Chapter

25         68-101, Laws of Florida, being the Southeast

26         corner of Tract 1, Tier 24, according to

27         Newman's Survey of Section 14, Township 50

28         South, Range 41 East, as recorded in Plat Book

29         2, Page 26, Public Records of Dade County,

30         Florida;

31  

                                  6

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






    Florida Senate - 2004        (NP)                      SB 3194
    32-2601-04                                      See CS/HB 1393




 1         thence Northwesterly along the North right of

 2         way line of the North New River Canal and along

 3         the boundary of the City of Plantation

 4         established by said Chapter 68-101 and by

 5         Ordinance 1008, Ordinance 568, and Ordinance

 6         543, all as adopted by the City of Plantation,

 7         to the intersection with the West line of said

 8         Section 2;

 9  

10         thence Southerly along the said West line to

11         the South right of way line of the North New

12         River Canal, being a point on the boundary of

13         the Town of Davie established by Chapter

14         84-420, Laws of Florida;

15  

16         thence Southeasterly along the said South right

17         of way line and along the boundary of the Town

18         of Davie established by said Chapter 84-420 and

19         by Ordinance 85-97, adopted by the Town of

20         Davie, to the intersection with the

21         Southwesterly extension of the East line of

22         Tier 24 of said Newman's Survey;

23  

24         thence Northeasterly along the said

25         Southwesterly extension to the POINT OF

26         BEGINNING.

27  

28         Section 6.  An interlocal agreement shall be developed

29  between the governing bodies of Broward County and the

30  annexing municipality and executed prior to the effective date

31  of the annexation. The agreement shall address infrastructure

                                  7

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






    Florida Senate - 2004        (NP)                      SB 3194
    32-2601-04                                      See CS/HB 1393




 1  improvement programs and include a financially feasible plan

 2  for transitioning county services, buildings, infrastructure,

 3  waterways, and employees.

 4         Section 7.  Upon annexation into the municipality, the

 5  following shall govern the areas described in sections 3 and

 6  5:

 7         (1)  The present land use designations and zoning

 8  districts provided for under the Broward County Comprehensive

 9  Plan and Code of Ordinances of Broward County shall remain the

10  law governing the Broadview Park Area, notwithstanding the

11  fact that the Broadview Park Area is now a part of a

12  municipality.

13         (2)  Any change of zoning districts or land use

14  designations may only be accomplished by enactment of the vote

15  of the majority of the full governing body of the municipality

16  plus one.

17         (3)  Notwithstanding subsections (1) and (2), any use,

18  building, or structure that is legally in existence at the

19  time that the Broadview Park Area becomes a part of the

20  municipality shall not be made a prohibited use by the

21  municipality, on the property of said use, for as long as the

22  use shall continue, and not be voluntarily abandoned.

23         Section 8.  Subsequent to the effective date of this

24  act, no change in land use designation or zoning shall be

25  effective within the limits of the lands subject to annexation

26  herein until the Broadview Park Area has been annexed into the

27  municipality; no annexation within the Broadview Park Area by

28  any municipality shall occur during the time period between

29  the effective date of this act and the effective date of the

30  annexation.

31  

                                  8

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






    Florida Senate - 2004        (NP)                      SB 3194
    32-2601-04                                      See CS/HB 1393




 1         Section 9.  Subsequent to the effective date of the

 2  annexation, any resident in the area to be annexed by this act

 3  into the Town of Davie, the City of Fort Lauderdale, or the

 4  City of Plantation shall be deemed to have met any residency

 5  requirements for candidacy for municipal office.

 6         Section 10.  Nothing in this chapter shall be construed

 7  to affect or abrogate the rights of parties to any contracts,

 8  whether the same be between Broward County and a third party

 9  or between nongovernmental entities, which contracts are in

10  effect prior to the effective date of the annexation.

11         Section 11.  All public roads and the public

12  rights-of-way associated therewith, on the Broward County Road

13  System, including bridge structures 868303, 864024, 864022,

14  864096, and  864097, lying within the limits of the lands

15  subject to annexation herein, as described in either section 3

16  or section 5, are transferred from Broward County jurisdiction

17  to the jurisdiction of the annexing municipality, except for

18  those portions of Hiatus Road, Nob Hill Road, Pine Island

19  Road, and Davie Boulevard and that portion of Peters Road west

20  of the Peters Road/Davie Boulevard intersection lying within

21  the limits of the annexation area. All rights, title,

22  interests, and responsibilities for any transferred roads,

23  including, but not limited to, the ownership, operation,

24  maintenance, planning, design, and construction of said roads,

25  and to the rights-of-way associated therewith, shall transfer

26  from Broward County jurisdiction and ownership to the

27  jurisdiction and ownership of the annexing municipality upon

28  the effective date of the annexation.

29         Section 12.  This act shall take effect upon becoming a

30  law.

31  

                                  9

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