House Bill 3859

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    Florida House of Representatives - 1998                HB 3859

        By Representative Livingston






  1                      A bill to be entitled

  2         An act relating to Lee County and the City of

  3         Fort Myers; providing for the annexation of the

  4         enclaves known as "Dunbar" and "Belle Vue" by

  5         interlocal agreement between the city and

  6         county, subject to approval by referendum;

  7         providing for procedures for adoption of the

  8         agreement and for a referendum; providing for

  9         authority for assumption of municipal service

10         duties and transfer of infrastructure;

11         providing an effective date.

12

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

14

15         Section 1.  The City of Fort Myers and Lee County are

16  authorized to enter into an interlocal agreement subject to

17  referendum approval for the orderly municipal annexation of

18  the following further described areas located within a 1-mile

19  radius of the City of Fort Myers city limits:

20         (1)  The unincorporated enclave commonly known as

21  "Dunbar"; and

22         (2)  The unincorporated enclave considered to be

23  another portion of the Dunbar enclave, but commonly known as

24  "Belle Vue."

25         Section 2.  The areas proposed to be annexed are

26  described as follows:

27         (1)  The "Dunbar" enclave includes the following

28  described lands located south of S.R. 82:

29

30         Tracts or parcels of land lying in Sections 17,

31         19, 20, 29 and 30, Township 44 South, Range 25

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    Florida House of Representatives - 1998                HB 3859

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  1         East, Lee County, Florida which tracts or

  2         parcels are described as follows:

  3

  4                        SECTION 17

  5         All of George D. Williams Subdivision as

  6         recorded in Plat Book 4 at Page 1 of the Lee

  7         County Records

  8         LESS AND EXCEPT:

  9         Lots 19, 24, 25 and 26

10         AND

11         Lot 29 and the West 115 feet of Lot 30 of

12         Sunnyside Farms Subdivision as recorded in Plat

13         Book 3 at Page 72 of the Lee County Records

14         AND

15         Lot 32 and the South 74 feet of Lot 17 of

16         Sunnyside Farms Subdivision as recorded in Plat

17         Book 3 at Page 72 of the Lee County Records

18

19                        SECTION 19

20         Beginning at the intersection of the East

21         right-of-way (ROW) line of Ford Street and the

22         South ROW line of Dr. Martin Luther King Jr.

23         Boulevard (State Road No. 82) run East along

24         the South line of said road to the Westerly

25         line of Henderson Avenue; thence run South

26         along said West line to the Westerly

27         prolongation of the South line of Lots 1

28         through 10, Block D of Carver Park; thence run

29         East along said South line to the Southeast

30         corner of Lot 4, Block E said Carver Park as

31         recorded in Plat Book 8 at Page 88 of the Lee

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    Florida House of Representatives - 1998                HB 3859

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  1         County Records; thence run North along the East

  2         line of said Lot 4 to the South line of said

  3         Martin Luther King Jr. Boulevard; thence run

  4         East along said South line to the Northeast

  5         corner of Lot 2, Block 1 Kaune's Subdivision as

  6         recorded in Plat Book 1 at Page 60 of said

  7         public records; thence run South along the East

  8         line of said Lot 2 and East line of said Lot

  9         25, said Kaune's Subdivision; thence run East

10         along the North line of Conn Avenue to the

11         Southeast corner of Lot 18, Block 1, said

12         Kaune's Subdivision; thence run North to an

13         intersection with the South line of said

14         Boulevard; thence run East along said South

15         line to the East line of Section 19; thence run

16         South along said East line to the South line of

17         Edison Avenue; thence run West along said South

18         line to the East line of Highlands Avenue;

19         thence run South along said East line to the

20         North line of Franklin Street; thence run East

21         along the North line of Franklin Street to an

22         intersection with the East line of Section 19;

23         thence run South along said East line to the

24         South line of Canal Street; thence run West

25         along said South line of Canal Street to the

26         East line of Ford Street; thence run North

27         along said East line to the South line of

28         Franklin Street; thence run East along said

29         South line to the West line of Henderson

30         Avenue; thence run North along said West line

31         to the South line of Edison Avenue; thence run

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    Florida House of Representatives - 1998                HB 3859

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  1         West along said South line to the East line of

  2         Ford Street; thence run North along said East

  3         line to the Point of Beginning.

  4

  5                        SECTION 20

  6         Beginning at the intersection of the South line

  7         of Dr. Martin Luther King Jr. Boulevard and the

  8         West line of Section 20, Township 44 South,

  9         Range 25 East run South to an intersection with

10         the North line of Harlem Lakes Subdivision as

11         recorded in Plat Book 13 at Page 136 of the Lee

12         County Records; thence run East along the North

13         line of Lot 12, Block 1, said Harlem Lakes

14         Subdivision to the Northeasterly corner of said

15         Lot 12; thence run Southeasterly along the

16         Northeasterly line of said Lot 12 to the North

17         line of Fairview Avenue; thence run East along

18         the North line of said Fairview Avenue to the

19         Southeast corner of Lot 5, said Block 1; thence

20         run North along the East line of Lot 5 and

21         Northerly prolongation thereof to an

22         intersection with the South line of Martin

23         Luther King Jr. Boulevard; thence run Easterly

24         along said South line to the Northeast corner

25         of lands described in Official Record Book 2209

26         at Page 4434, said public records, 280 feet

27         Easterly of the East line of Flint Drive;

28         thence run South along the East line of said

29         lands and the Southerly prolongation thereof to

30         the Southeast corner of lands described in

31         Official Record Book 2352 at Page 4744, said

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    Florida House of Representatives - 1998                HB 3859

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  1         public records; thence run West along the South

  2         line of said lands to the East line of Flint

  3         Drive; thence run South along said East line

  4         for 100 feet; thence run East for 280 feet;

  5         thence run South for 162 feet; thence run West

  6         for 280 feet to the East line of Flint Drive;

  7         thence run South along said East line for 100

  8         feet; thence run East for 280 feet; thence run

  9         South 350 feet to the Southeast corner of lands

10         described in Official Record Book 1150 at Page

11         66, said public records; thence run West for

12         280 feet to the East line of said Flint Drive;

13         thence run South along said East line to the

14         North line of Edison Avenue; thence run West

15         along said North line to an intersection with

16         the West line of said Section 20; thence run

17         North along said West line to the Point of

18         Beginning.

19

20                        SECTION 29

21         Lots I through 8, Block 1, Southside Gardens as

22         recorded in Plat Book 3 at Page 18, Lee County,

23         Records

24         AND

25         Lot 1 and the West 220 feet of Lot 2, Block 2

26         and the South 183 feet of the 196 feet of Lot 8

27         all in Block 2,

28         AND

29         Lots 2, 3, 4, 5 and 8, Block 3; Lots 2, 3, 6, 7

30         and 8, Block 4; Lots 3 and 6, Block 5; Lots 2

31         through 8, Block 6; the West half (W-1/2) of

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    Florida House of Representatives - 1998                HB 3859

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  1         Lot 1, Block 8, Lots 2 through 8, Block 10;

  2         Lots 5 and 6, Block 11 and Lots 2 and 3, Block

  3         12;

  4         AND

  5         All of Resubdivision of Lot 5, Block E,

  6         Southside Gardens as recorded in Plat Book 6 at

  7         Page 8, said public records;

  8

  9                        SECTION 30

10         Beginning at the Northeast corner of Section 30

11         run South along said East line to the Southeast

12         corner of said Section 30; thence run West

13         along the South line of said Section to the

14         intersection with the East line of the Seminole

15         Gulf Railroad; thence run North along said East

16         line to an intersection with the North line of

17         Tara Lee Street; thence run Easterly along said

18         North line to the Southwest corner of lands

19         described in Official Record Book 2123 at Page

20         2935, Lee County Records; thence run North

21         along the West line of said lands to the

22         Northwest corner of said lands; thence run

23         Easterly along the North line of said lands and

24         the Easterly prolongation thereof to the East

25         line of Metro Parkway; thence run South along

26         said East line to the Southwest corner of Lot

27         27, East Stadler Farms as recorded in Plat Book

28         5 at Page 6 of the Lee County Records; thence

29         run East along the South line of Lot 27 to the

30         Southeast corner of the West half (W-1/2) of

31         Lot 28, said East Stadler Farms; thence run

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    Florida House of Representatives - 1998                HB 3859

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  1         North along said Seat line to an intersection

  2         with the South line of Lot 21, said East

  3         Stadler Farms; thence run West along said South

  4         line and the Westerly prolongation thereof to

  5         the East line of the Seminole Gulf Railway;

  6         thence run North along said East line to the

  7         South line of Hanson Street; thence run East

  8         along said South line to the West line of Work

  9         Drive; thence run North along said West line to

10         the South line of the North half (N-1/2) of

11         Lots 13 and 14, East Stadler Farms; thence run

12         West along said South line to the East line of

13         Ford Street; thence run North along said East

14         line to the South line of Lot 4, said East

15         Stadler Farms; thence run East along said South

16         line of Lots 3 and 4, said East Stadler Farms

17         to the West line of Work Drive; thence run

18         North along said West line to an intersection

19         with the Westerly prolongation of the South

20         line of lands described in Official Record Book

21         2359 at Page 2587, said public records; thence

22         run East along the South line of said lands to

23         an intersection with the West line of Highland

24         Circle; thence run North, East and Northerly

25         along the West line of Highland Circle to the

26         Northeast corner of lands described in Official

27         Record Book 2359 at Page 2587, said public

28         records; thence run West along the South line

29         of said lands for 120 feet; thence run North

30         for 100 feet; thence run West to the East line

31         of Work Drive; thence run North along said East

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    Florida House of Representatives - 1998                HB 3859

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  1         line to an intersection with the North line of

  2         said Section 30; thence run East along said

  3         North line to the Point of Beginning.

  4         (2)  The "Belle Vue" enclave includes the following

  5  described lands located north of S.R. 82:

  6

  7         Tracts or parcels of lands lying in Sections 8,

  8         9, 16 and 17, Township 44 South, Range 25 East,

  9         Lee County, Florida which tracts or parcels are

10         described as follows:

11

12                        SECTION 8

13         All that part of the Southeast quarter (SE-1/4)

14         of Section 8 lying East of Marsh Avenue and

15         South and West of Arlington Subdivision as

16         recorded in Plat Book 16 at Pages 38 and 39,

17         Lee County Records.

18         All that part of the Southwest quarter (SW-1/4)

19         of Section 8 lying South of Billy's Creek;

20

21                        SECTION 9

22         All of Lots 21, 24, 25 and 28 of N.S. Blunt's

23         Five Acre Farms as recorded in Plat Book 4 at

24         Page 66 of the Lee County Records lying South

25         of Billy's Creek

26         AND

27         All of Sherwood Forest Subdivision as recorded

28         in Plat Book 10 at Page 35 of said public

29         records.

30

31                        SECTION 16

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    Florida House of Representatives - 1998                HB 3859

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  1         All of Green Acres Subdivision as recorded in

  2         Plat Book 5 at Page 72 of the Lee County

  3         Records

  4         AND

  5         The North half (N-1/2) of the Southwest quarter

  6         (SW-1/4) of the Northeast quarter (NE-1/4) of

  7         said Section 16;

  8         AND

  9         The West half (W-1/2) of the Southwest quarter

10         (SW-1/4) of the Southwest quarter (SW-1/4) of

11         the Northeast quarter (NE-1/4) of said Section

12         16;

13         AND

14         The North half (N-1/2) of the Northeast quarter

15         (NE-1/4) of the Northwest quarter (NW-1/4) of

16         the Southeast quarter (SE-1/4) of said Section

17         16.

18

19                        SECTION 17

20         All of the North half (N 1/2) of said Section

21         17.

22         LESS AND EXCEPT:

23         East Palm Subdivision as recorded in Plat Book

24         29 at Page 95 of the Lee County Records.

25

26         LESS AND EXCEPT:

27         The West 410 feet of the North 360 feet of the

28         West half (W-1/2) of the Northeast quarter

29         (NE-1/4) of the Northeast quarter (NE-1/4)

30         LESS

31         The West 30 feet.

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    Florida House of Representatives - 1998                HB 3859

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  1

  2         Section 3.  The interlocal agreement for the proposed

  3  annexation of the Dunbar and Belle Vue enclaves as developed

  4  by the City of Fort Myers and Lee County shall be filed with

  5  the clerk of the city and the clerk of the courts for the

  6  county, and a duly advertised public hearing shall be held by

  7  both the city and the county respectively, prior to the

  8  adoption of the interlocal agreement by the city council and

  9  the county commission. No changes to the terms and conditions

10  of the interlocal agreement may be made by either the city or

11  the county once filed with the respective clerks prior to the

12  public hearings for consideration of the adoption of the

13  interlocal agreement.

14         Section 4.  (1)  Subsequent to the adoption of the

15  interlocal agreement between the city and the county, and

16  prior to the implementation of the proposed annexation by the

17  city of the described "Dunbar" and "Belle Vue" enclaves, a

18  referendum shall be held by the city in the City of Fort Myers

19  and within the proposed, described enclave areas to be annexed

20  for the ratification and approval of the interlocal agreement

21  by the registered electorates therein.

22         (2)  The interlocal agreement shall be presented

23  separately to the registered voters residing within the city

24  and the registered voters residing within the proposed annexed

25  areas as further described in section 2 of this act. The

26  procedures for conducting the referendum shall be pursuant to

27  the requirements as set out at s. 171.0413(2), Florida

28  Statutes. Upon a majority vote in favor of the interlocal

29  agreement by the registered voters of the City of Fort Myers

30  and a majority vote of the combined registered voters residing

31  in both the "Dunbar" and "Belle Vue" areas, the interlocal

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    Florida House of Representatives - 1998                HB 3859

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  1  agreement shall be deemed to be ratified and approved, and

  2  shall become effective as provided for in the interlocal

  3  agreement, but otherwise for not more than 1 year following

  4  the referendum. The referendum for ratification and approval

  5  of the interlocal agreement for annexation may be conducted by

  6  the city at any regular election following the adoption of the

  7  interlocal agreement by the city and the county.

  8         Section 5.  (1)  For the areas subsequently annexed by

  9  the city by interlocal agreement, the city shall assume all of

10  the municipal service duties of Lee County pursuant to the

11  terms and conditions of the approved interlocal agreement.

12         (2)  The transfer from the county to the city of county

13  municipal service infrastructure located within the annexed

14  areas shall be pursuant to the terms and conditions of the

15  approved interlocal agreement.

16         Section 6.  This act shall take effect upon becoming a

17  law.

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