Senate Bill sb2342

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    Florida Senate - 2001        (NP)                      SB 2342

    By Senator Dawson





    30-1918-01                                          See HB 871

  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 Fort Lauderdale; providing for annexation of

  5         the unincorporated area known as Melrose Park;

  6         providing for an election; providing for an

  7         effective date of annexation; providing for an

  8         interlocal agreement; providing legislative

  9         intent; providing for a continuation of certain

10         Broward County regulations; providing for the

11         transfer of public roads and rights-of-way;

12         providing an effective date.

13

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

15

16         Section 1.  The legal description of the Melrose Park

17  Area is as follows:

18

19         That portion of Section 7, Township 50 South,

20         Range 42 East, Broward County, Florida,

21         described as 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 Lot 34, Block 11, MELROSE PARK

27         Section 7, as recorded in Plat Book 39, Page

28         35, Public Records of Broward County, Florida;

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    Florida Senate - 2001        (NP)                      SB 2342
    30-1918-01                                          See HB 871




  1         thence continuing along the said boundary of

  2         the City of Plantation, the following 10

  3         courses and distances;

  4

  5         thence Northerly along the East lines of Lots

  6         34 through 24, and the Northerly extension

  7         thereof, and the East lines of Lots 12 through

  8         1, Block 6, and the Northerly extension

  9         thereof, and the East line of Lot 9, Block 1,

10         to a point 50 ft. North of the Northeast corner

11         of Lot 9, Block 1, all in the said MELROSE PARK

12         Section 7;

13

14         thence Easterly 133.75 ft. along the North

15         right-of-way line of a canal as shown by said

16         MELROSE PARK Section 7;

17

18         thence Northerly along the East line of Tract

19         1, as shown by said MELROSE PARK Section 7, 425

20         ft. to the Northeast corner of said Tract 1;

21

22         thence Northerly 70 ft. more or less to the

23         Southeast corner of Tract 3, according to

24         MELROSE PARK Section 8, as recorded in Plat

25         Book 39, Page 36, of the Public Records of

26         Broward County, Florida;

27

28         thence Northerly along the East line of said

29         Tract 3 to a point of intersection with the

30         Westerly extension of the South line of Lot 1,

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    Florida Senate - 2001        (NP)                      SB 2342
    30-1918-01                                          See HB 871




  1         Block 4, according to the said MELROSE PARK

  2         Section 8;

  3

  4         thence Easterly along the South line of said

  5         Lot 1, Block 4, and the Westerly extension

  6         thereof according to said MELROSE PARK Section

  7         8, to the Southeast corner of said Lot 1, Block

  8         4;

  9

10         thence Northerly along the East line of said

11         Lot 1, Block 4, and the Northerly extension

12         thereof to the North right-of-way line of

13         Southwest 2nd Court, according to said MELROSE

14         PARK Section 8;

15

16         thence East along the North right-of-way line

17         of said Southwest 2nd Court to the West

18         right-of-way line of S.W. 38th Ave., as shown

19         by said MELROSE PARK Section 8;

20

21         thence North along the said West right-of-way

22         line of S.W. 38th Ave., 865 ft. more or less to

23         the South right-of-way line of Broward Blvd.,

24         as shown by the said MELROSE PARK Section 8;

25

26         thence East along the said South right-of-way

27         line of Broward Blvd., to a point of

28         intersection with the North line of Tract 2 of

29         said MELROSE PARK Section 8, being the point of

30         curvature of a circular curve concave to the

31         Southeast having a radius of 25 ft. and tangent

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    Florida Senate - 2001        (NP)                      SB 2342
    30-1918-01                                          See HB 871




  1         to the West line of said Tract 2 and the

  2         boundary of the City of Plantation established

  3         by City of Plantation Ordinance No. 581;

  4

  5         thence continuing along said boundary of the

  6         City of Plantation the following 6 courses;

  7

  8         thence West through South along the arc of said

  9         curve to the said point of tangency;

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11         thence Southerly along the said West line of

12         Tract 2 to the Southwest corner of said Tract

13         2;

14

15         thence East along the South line of said Tract

16         2 to the West line of the East One-Half of the

17         Northwest One-Quarter of said Section 7, also

18         being a point on the West line of Tract 1A,

19         MELROSE PARK Section 6, recorded in Plat Book

20         36, Page 24, Public Records of Broward County,

21         Florida;

22

23         thence South along said West line to the

24         Southwest corner of said Tract 1A;

25

26         thence East along the South line of said Tract

27         1A to the Southeast corner thereof;

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29         thence North along the East line of said Tract

30         1A to the point of intersection with the North

31         line of the South 90 ft. of said Tract 1A;

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    Florida Senate - 2001        (NP)                      SB 2342
    30-1918-01                                          See HB 871




  1

  2         thence continuing along the boundary of the

  3         City of Plantation established by City of

  4         Plantation Ordinance No. 1083, the following 4

  5         courses;

  6

  7         thence continuing North along the said East

  8         line of Tract 1A to the point of curvature of a

  9         curve concave to the Southwest, having a radius

10         of 25 feet;

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12         thence North through West along said curve to

13         the point of tangency with the North line of

14         said Tract 1A;

15

16         thence West along said North line to a point of

17         intersection with the West line of the North

18         140 feet of the East 46 feet of aforesaid Tract

19         2, MELROSE PARK Section 8;

20

21         thence South along the said West line to a

22         point of intersection with the South line of

23         the North 140 feet of the East 46 feet of said

24         Tract 2;

25

26         thence continuing along the boundary of the

27         City of Plantation established by aforesaid

28         Ordinance No. 581, the following 4 courses;

29

30         thence South along the West line of the North

31         10 ft. of the South 90 ft. of said Tract 2 to

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    Florida Senate - 2001        (NP)                      SB 2342
    30-1918-01                                          See HB 871




  1         the North line of the South 80 ft. of said

  2         Tract 2;

  3

  4         thence West along the said North line to the

  5         West line of the East 136 ft. of said Tract 2;

  6

  7         thence North along the said West line to the

  8         North line of said Tract 2;

  9

10         thence West along the said North line to the

11         Southerly prolongation of the centerline of

12         N.W. 38th Way, as shown by the plat of BROWARD

13         ESTATES, as recorded in Plat Book 34, Page 19,

14         Public Records of Broward County, Florida;

15

16         thence North along the said prolongation of the

17         centerline of N.W. 38th Way, being along the

18         boundary of the City of Plantation established

19         by aforesaid Chapter 68-101, to the North line

20         of said Section 7;

21

22         thence East along the North line of said

23         Section 7 to the West right-of-way line of S.W.

24         31st Avenue, as described in Chapter 69-1057,

25         Laws of Florida, annexing lands into the City

26         of Fort Lauderdale, Florida;

27

28         thence along the boundary of the City of Fort

29         Lauderdale, established by said Chapter 69-1057

30         the following 2 courses;

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    Florida Senate - 2001        (NP)                      SB 2342
    30-1918-01                                          See HB 871




  1         thence South along the said West right-of-way

  2         line to the South boundary of said Section 7;

  3

  4         thence West along the said South boundary to

  5         the Point of Beginning.

  6

  7         Section 2.  The Broward County Board of County

  8  Commissioners shall schedule an election on November 6, 2001,

  9  in accordance with the provisions of the law relating to

10  elections currently in force in Broward County. The subject of

11  said election shall be the annexation of the area described in

12  section 1 commonly known as the Melrose Park Area. Only

13  registered voters residing in the Melrose Park Area as

14  described in this act may vote in said election. On the ballot

15  provided for in this section shall appear the name of the City

16  of Fort Lauderdale. The voters residing in the Melrose Park

17  Area shall, by majority vote of the voters participating in

18  the election, choose the effective date for annexation with

19  the City of Fort Lauderdale. The dates appearing on the ballot

20  shall be a choice of September 15, 2002, or September 15,

21  2003. A mail ballot shall not be used in this election.

22         Section 3.  Upon a majority of the registered voters

23  voting in the referendum as provided in section 2, for

24  annexation into the City of Fort Lauderdale, the area

25  described in this act shall be deemed a part of said

26  municipality on either September 15, 2002, or September 15,

27  2003. The City of Fort Lauderdale shall have all powers

28  pursuant to section 171.062, Florida Statutes, except as

29  provided in this act.

30         Section 4.  No later than December 31, 2001, Broward

31  County shall adopt an improvement plan for the unincorporated

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    Florida Senate - 2001        (NP)                      SB 2342
    30-1918-01                                          See HB 871




  1  land subject to this act. Such plan shall provide for the

  2  upgrade of the Melrose Park Area, including, but not limited

  3  to, park and recreation, roadway, utilities, and public safety

  4  infrastructure, to a level of services at least equivalent to

  5  the levels of services for such infrastructure as is defined

  6  or maintained by adjacent municipalities. The improvement plan

  7  shall identify the specific capital improvements required to

  8  meet such level of service. The plan shall be completed no

  9  later than December 31, 2001, shall be submitted to the

10  Broward Legislative Delegation, and shall be utilized in

11  formulation of an interlocal agreement between the county and

12  the annexing city.

13         Section 5.  The Board of County Commissioners of

14  Broward County is authorized to set the election provided for

15  in section 2 by special election for the time period provided

16  in this act at the cost of Broward County. A mail ballot shall

17  not be used for any election provided for in this act.

18         Section 6.  Upon annexation into the City of Fort

19  Lauderdale, the following shall govern the areas described in

20  section 1: for any use, building, or structure that is legally

21  in existence at the time the Melrose Park Area becomes a part

22  of the City of Fort Lauderdale, such use shall not be made a

23  prohibited use by the municipality, on the property of said

24  use, for as long as the use shall continue and is not

25  voluntarily abandoned.

26         Section 7.  Subsequent to the effective date of this

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

28  effective within the limits of the lands subject to annexation

29  herein until the Melrose Park Area has been annexed into the

30  City of Fort Lauderdale, nor shall annexation by any

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    Florida Senate - 2001        (NP)                      SB 2342
    30-1918-01                                          See HB 871




  1  municipality occur during the period between the effective

  2  date of this act and the effective date of the annexation.

  3         Section 8.  All public roads of the Broward County Road

  4  System, and the public rights-of-way associated therewith,

  5  lying within the limits of the lands subject to annexation

  6  herein, as described in section 1, are transferred from

  7  Broward County jurisdiction to the jurisdiction of the

  8  annexing municipality, except for those portions of Martin

  9  Luther King, Jr., Avenue (SW 31 Avenue) lying within the

10  limits of the annexation area. All rights, title, interests,

11  and responsibilities for any transferred roads, including, but

12  not limited to, the ownership, operation, maintenance,

13  planning, design, and construction of said roads and the

14  rights-of-way associated therewith, shall transfer from

15  Broward County jurisdiction and ownership to the jurisdiction

16  and ownership of the annexing municipality upon the effective

17  date of the annexation.

18         Section 9.  This act shall take effect upon becoming a

19  law.

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