House Bill hb1007

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    Florida House of Representatives - 2002                HB 1007

        By Representative Ritter






  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 Cooper City or the Town of Davie or such

  5         other neighboring municipality chosen for

  6         annexation; providing for annexation of the

  7         unincorporated area known as "United Ranches";

  8         providing for an election; providing for an

  9         effective date of annexation; providing for the

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

11         providing an effective date.

12

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

14

15         Section 1.  The governing bodies of the City of Cooper

16  City and the Town of Davie have each affirmed its interest to

17  serve as the governing body for the specified unincorporated

18  area hereinafter known as the "United Ranches Area," as

19  described in section 2. A feasibility study has been

20  conducted, which shall determine the viability of the United

21  Ranches Area annexing into Cooper City or the Town of Davie,

22  pursuant to an election as described in sections 3 and 4 of

23  this act.

24         Section 2.  The legal description of the United Ranches

25  Area is as follows:

26

27         Portions of Tracts 25, 26, 27 and 28; together

28         with portions of the right-of-way for South New

29         River canal lying adjacent to said tracts, all

30         in Section 30, Township 50 South, Range 41 East

31         of "John W. Newman's Survey", according to the

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  1         plat thereof as recorded in Plat Book 2, Page

  2         26 of the Public Records of Dade County,

  3         Florida, together with that portion of the

  4         hiatus lying West of said Section 30, all being

  5         more particularly described as follows:

  6

  7         Commence at the Southeast corner of the

  8         Southwest one-quarter (SW1/4) of said Section

  9         30; thence Westerly along the South line of

10         said Southwest one-quarter (SW1/4) to an

11         intersection with a line parallel with and 60

12         feet West of the East line of the Southwest

13         one-quarter (SW1/4) of said Section 30; thence

14         Northerly along said parallel line to the South

15         line of said Tract 28 and the point of

16         beginning; thence along the municipal limits of

17         Cooper City per Chapter 59-1195, Laws of

18         Florida, as amended by Chapter 61-2050, Laws of

19         Florida, the following eight (8) courses;

20         thence Westerly along the South line of said

21         Tracts 28 and 27 to the Southwest corner of

22         said Tract 27; thence Northerly along the West

23         line of said Tract 27 to the South line of the

24         South New River Canal; thence Westerly along

25         said South line to the East line of said Tract

26         26; thence Southerly along said East line to

27         the Southeast corner of said Tract 26; thence

28         Westerly along the South line of said Tracts 25

29         and 26 to the Southwest corner of said Tract

30         25; thence Northerly along the West line of

31         said Tract 25 being on a line parallel with and

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  1         15 feet East of the West line of said Section

  2         30, a portion of which is on the municipal

  3         limits of Cooper City per Ordinance number

  4         87-2-2 to the South right-of-way line of the

  5         South New River Canal; thence Westerly along

  6         said South right-of-way line to the West line

  7         of said Section 30; thence Southerly along said

  8         West line to the Westerly prolongation of the

  9         South line of said Tract 25; thence Westerly

10         along said Westerly prolongation to the East

11         line of Section 25, Township 50 South, Range 40

12         East; thence Northerly along said East line and

13         the municipal limits of Cooper City per

14         Ordinance number 2001-4-2 to the centerline of

15         South New River Canal right-of-way; thence

16         Easterly along said centerline and along the

17         municipal limits of the Town of Davie per

18         Chapter 84-420, Laws of Florida, to a line

19         parallel with and 45 feet West of the East line

20         of said Tract 28; thence Southerly along said

21         parallel line to the South right-of-way line of

22         the South new river Canal; thence Westerly

23         along said South right-of-way line and the

24         municipal limits of Cooper City per Ordinance

25         number 85-6-1 to the West line of said Tract

26         28; thence Southerly along said West line and

27         said municipal limits to a line parallel with

28         and 378 feet South of the aforesaid South line

29         of South New River Canal; thence Easterly along

30         said parallel line and said municipal limits to

31         an intersection with a line parallel with and

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  1         45 feet West of the East line of said Tract 28;

  2         thence Southerly along said East line to the

  3         point of beginning;

  4

  5         Less therefrom the following described parcel

  6         of land:

  7

  8         A part of Tract 25, Section 30, Township 50

  9         South, Range 41 East, "John W. Newman's Survey"

10         as recorded in Plat Book 2, Page 26 Dade County

11         Records, being described as follows:

12

13         Commence at the Southeast corner of said Tract

14         25; thence on an assumed bearing of N.00°16'37"

15         E along the East line of said Tract 25 a

16         distance of 907.59 feet to the point of

17         beginning; thence N.89°15'43"W. 340.58 feet to

18         a point on the arc of a non-tangent curve

19         concave to the West, a radial line of said

20         curve through said point having a bearing of S.

21         83°45'04" E.; thence Northerly along the arc of

22         said curve to the left, having a central angle

23         of 01°42'38" and a radius of 620.00 feet for an

24         arc distance of 18.51 feet to a point on a

25         non-tangent line; thence N.89° 43'23"W 306.07

26         feet to the West line of said Tract 25; thence

27         N.00°16'37"E. Along the said West line a

28         distance of 284.02 feet to a line 50.00 feet

29         South of and parallel with the North line of

30         said Tract 25; thence S.89°15'43"E. Along the

31         said parallel line a distance of 645.01 feet to

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  1         the said East line; thence S.00°16'37"W. Along

  2         the said East line a distance of 300.01 feet to

  3         the point of beginning.

  4

  5         Said lands situate, lying and being in Broward

  6         County, Florida.

  7

  8         Portions of the West one-half (W1/2) of Section

  9         31, Township 50 South, Range 41 East and a

10         portion of Section 25, Township 50 South, Range

11         40 East of "Florida Fruit Lands Company's

12         Subdivision No. 1", as recorded in Plat Book 2,

13         Page 17 of the Public Records of Dade County,

14         Florida, together with a portion of "F.M.

15         Brown's subdivision of Section 36, Township 50

16         South, Range 40 East" as recorded in Plat Book

17         4, Page 5 of the Public Records of Broward

18         County, Florida, and also together with a

19         portion of the hiatus between Range 41 East and

20         Range 40 East, all being more particularly

21         described as follows:

22

23         Begin at the Southeast corner of the Southwest

24         one-quarter (SW 1/4) of said Section 31; thence

25         Westerly along the South line of said Section

26         31, also being the municipal limits of Cooper

27         City per Ordinance number 83-6-4, to the East

28         line of the West one-half (W1/2) of tracts 41,

29         42, 43 and 44 of said, "Florida Fruit Lands

30         Company's Subdivision No. 1"; thence Northerly

31         along said East line, and the municipal limits

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  1         of Cooper City per Ordinance number 98-9-3 to

  2         the South line of the Northwest one-quarter

  3         (NW1/4) of the Southwest one-quarter (SW1/4) of

  4         said Section 31; thence Westerly along said

  5         South line and said municipal limits to the

  6         Southwest corner of the Northwest one-quarter

  7         (NW1/4) of the Southwest one-quarter (SW1/4) of

  8         said Section 31; thence Northerly along the

  9         West line of said Section 31, also being the

10         East line of the hiatus between Range 40 East

11         and Range 41 East and the municipal limits of

12         Cooper City per Ordinance number 89-5-3 to a

13         point 3901.54 feet South of the Northwest

14         corner of said Section 31 (as measured along

15         said Section line); thence Westerly along said

16         municipal limits to the East line of Block 2 of

17         the aforesaid "F.M. Brown's Subdivision of

18         Section 36, Township 50 South, Range 40 East";

19         thence Northerly along said East line and the

20         municipal limits of Cooper City per Ordinance

21         number 84-3-1 and Chapter 59-1195, Laws of

22         Florida, as amended by Chapter 61-2050, Laws of

23         Florida, to the Northeast corner of Lot 22 of

24         said Block 2; thence Westerly along the North

25         line of said Block 2 and said municipal limits

26         to the Southeast corner of Lot 42 of "Rio

27         Ranches", according to the plat thereof as

28         recorded in Plat Book 91, Page 30 of the Public

29         Records of Broward County, Florida; thence

30         Northerly along the East line of said Lot 42

31         and the municipal limits of Cooper City per

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    Florida House of Representatives - 2002                HB 1007

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  1         Ordinance number 89-5-4 to the Northeast corner

  2         of said Lot 42; thence Westerly along the North

  3         line of said Lot 42 and said municipal limits

  4         to the Northwest corner of said Lot 42; thence

  5         Southerly along the West line of said Lot 42

  6         and said municipal limits to the Southwest

  7         corner of said Lot 42 and the North line of the

  8         aforesaid Block 2; thence Westerly along said

  9         North line and the municipal limits of Cooper

10         City per Ordinance number 84-3-1 to the

11         Northwest corner of said Block 2; thence

12         Northerly along the West line of said "Rio

13         Ranches" and the municipal limits of Cooper

14         City per Chapter 59-1195, Laws of Florida, as

15         amended by Chapter 61-2050, Laws of Florida, to

16         the Northwest corner of said "Rio Ranches";

17         thence Easterly along the North line of said

18         "Rio Ranches", being 40 feet South of the North

19         line of said Section 36, and the municipal

20         limits of Cooper City per Ordinance number

21         95-10-1 to a line parallel with and 55.00 feet

22         west of the East line of said Section 36;

23         thence Northerly along said parallel line, and

24         said municipal limits to the North line of said

25         Section 36; thence Easterly along said North

26         line and the municipal limits of Cooper City

27         per Ordinance number 93-9-1 to a line parallel

28         with and 50 feet West of the East line of said

29         Section 25; thence Northerly along said

30         parallel line and said municipal limits to the

31         South line of tract 55 in said Section 25;

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  1         thence Easterly along said South line and the

  2         municipal limits of Cooper City per Ordinance

  3         number 2001-4-2 to the East line of said

  4         Section 25; thence Northerly along said East

  5         line to the Westerly prolongation of the South

  6         line of tract 25, of "John W. Newman's Survey",

  7         according to the plat thereof, as recorded in

  8         Plat Book 2, Page 26 of the Public Records of

  9         Dade County, Florida; thence Easterly along

10         said Westerly prolongation to the West line of

11         said Section 30; thence Southerly along said

12         West line and the municipal limits of Cooper

13         City per Chapter 59-1195, Laws of Florida, as

14         amended by Chapter 61-2050, Laws of Florida, to

15         the North line of said Section 31; thence

16         Easterly along said North line and said

17         municipal limits to the East line of the

18         Northwest one-quarter (NW1/4) of said Section

19         31; thence Southerly along said East line and

20         the municipal limits of Cooper City per

21         Ordinance numbers 73-11-2 and 74-1-5 to the

22         North line of tract 20 in said Section 31;

23         thence Westerly along said North line and the

24         municipal limits of Cooper City per Ordinance

25         number 83-5-3 to the Northwest corner of said

26         tract 20; thence Southerly along the West line

27         of said tract 20 and the West line of tract 21

28         of said Section 31 and the municipal limits of

29         Cooper City per Ordinance numbers 83-5-3 and

30         76-9-2 to the Southwest corner of said tract

31         21; thence Easterly along the South line of

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  1         said tract 21 and the municipal limits of

  2         Cooper City per Ordinance numbers 76-9-2 and

  3         89-9-1 to the East line of the Northwest

  4         one-quarter (NW1/4) of said Section 31; thence

  5         Southerly along the East line of said Northwest

  6         one-quarter (NW1/4) and the Southwest

  7         one-quarter (SW1/4) of said Section 31 and the

  8         municipal limits of Cooper City per Chapter

  9         59-1195, Laws of Florida, as amended by Chapter

10         61-2050, Laws of Florida, and per Ordinance

11         number 84-8-7 to the point of beginning.

12

13         Less therefrom the following:

14

15         That portion of Cooper City per Ordinance

16         number 92-8-1 described as follows; the West

17         156.875 feet of the East 470.625 feet of the

18         North 216.25 feet of the South 256.25 feet of

19         tract 41 in Section 31, Township 50 South,

20         Range 41 East of said "Florida Fruit Lands

21         Company's Subdivision No. 1".

22

23         And also less:

24

25         That portion of Cooper City per Ordinance

26         number 2001-5-1 described as follows; the South

27         143.50 feet of the West 125.00 feet of the East

28         1172.50 feet of tract 39, and the West 125.00

29         feet of the East 1172.50 feet less the South

30         35.00 feet of tract 40 in Section 31, Township

31

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  1         50 South, Range 41 East of said "Florida Fruit

  2         Lands Company's Subdivision No. 1".

  3

  4         And also less:

  5

  6         That portion of Cooper City per Ordinance

  7         number 89-5-6 described as follows; the South

  8         215.37 feet of the West 450.00 feet of the East

  9         1047.50 feet of tract 40 in Section 31,

10         Township 50 South, Range 41 East of said

11         "Florida Fruit Lands Company's Subdivision No.

12         1", less the South 55.00 feet; and less the

13         East 287.49 feet thereof.

14

15         And also less:

16

17         That portion of Cooper City per Ordinance

18         number 2000-3-2 described as follows; Parcel A,

19         "Nur-ul Islam", according to the plat thereof,

20         as recorded in Plat Book 149, at Page 28, of

21         the Public Records of Broward County, Florida.

22         Together with: the South 143.5 feet of the East

23         75 feet of tract 39, and the North 190.5 feet

24         of the East 75 feet of tract 40 in Section 31,

25         Township 50 South, Range 41 East (as measured

26         from the East line of the Northeast quarter of

27         Section 31) of said, "Florida Fruit Lands

28         Company's Subdivision No. 1"; less: the East 15

29         feet thereof.

30

31

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  1         Said lands situate, lying and being in Broward

  2         County, Florida.

  3

  4         Tract 60 of "Florida Fruit Lands Company's

  5         Subdivision No. 1", according to the plat

  6         thereof as recorded in Plat Book 2, Page 17,

  7         Dade County Records, lying in Section 31,

  8         Township 50 South, Range 41 East, Broward

  9         County, and being more particularly described

10         as follows:

11

12         BEGINNING at the Northeast corner of said Tract

13         60; thence Southerly along the East line of

14         said Tract 60 and the municipal limits of

15         Cooper City per Chapter 59-1195 Laws of

16         Florida, as amended by Chapter 61-2050 Laws of

17         Florida, to the Southeast corner of said Tract

18         60; thence Westerly along the South line of

19         said Tract 60 to the West line of the Southeast

20         one-quarter (SE1/4) of said Section 31; thence

21         Northerly along said West line to the North

22         line of said Tract 60; thence Easterly along

23         said North line to the point of beginning.

24

25         Said lands situate, lying and being in Broward

26         County, Florida.

27

28         Section 3.  No later than July 1, 2002, those

29  municipalities which want to appear on the ballot shall, after

30  having considered the effects of annexation on the residents

31  of the specified unincorporated land and the municipality, and

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  1  after adopting a resolution expressing a desire to be included

  2  on the ballot, shall by resolution inform the Broward County

  3  Legislative Delegation and the Broward County Board of County

  4  Commissioners that it desires to appear on the ballot, as

  5  provided for in this act, by July 1, 2002, and the Broward

  6  County Board of County Commissioners shall cause the names of

  7  all such municipalities to appear on the ballot. If either one

  8  municipality or no municipality expresses a desire to be

  9  included on the ballot pursuant to section 3, then no election

10  shall take place as provided for in section 5 and the United

11  Ranches Area shall not be annexed into any municipality

12  pursuant to this act.

13         Section 4.  The Broward County Board of County

14  Commissioners shall schedule an election on November 5, 2002,

15  in accordance with the provisions of law relating to elections

16  currently in force in Broward County at Broward County's own

17  cost. The subject of said election shall be the annexation of

18  the United Ranches Area as described in section 2. Only

19  registered voters residing in the United Ranches Area as

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

21  provided for in this section shall appear the name of each

22  municipality that has chosen to be considered for annexation

23  as provided for in sections 1 and 3. The voters residing in

24  the United Ranches Area shall choose one municipality for

25  annexation among those appearing on the ballot pursuant to

26  sections 1 and 3. The municipality receiving the highest vote

27  total of those voting in said election shall be selected. A

28  mail ballot shall not be used for any election provided for in

29  this act; however, absentee ballots will be accepted as

30  provided by law. At the conclusion of said election the United

31

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  1  Ranches Area, as described herein, by majority vote shall be

  2  annexed into said municipality pursuant to section 6.

  3         Section 5.  The United Ranches Area shall be deemed a

  4  part of the municipality, pursuant to section 4, effective

  5  September 15, 2003, pursuant to section 171.062, Florida

  6  Statutes, except as provided in this act.

  7         Section 6.  All public roads and the public

  8  rights-of-way associated therewith, lying within the limits of

  9  the lands subject to annexation herein, as described in

10  section 2, are transferred from Broward County jurisdiction to

11  the jurisdiction of annexing municipality effective September

12  15, 2003.

13         Section 7.  The United Ranches Area will be considered

14  a preservation area and, in order to protect the rural

15  atmosphere of the United Ranches community, all Broward County

16  land use and zoning classifications, rules, and regulations

17  that are applicable to this area on the effective date of this

18  act shall be adopted by the chosen municipality for the United

19  Ranches Area. If the United Ranches Area land use and zoning

20  classifications, rules, and regulations differ from those

21  which exist in the chosen municipality, the chosen

22  municipality shall modify its codes by September 15, 2003, to

23  enable the United Ranches Area to be maintained as it exists

24  on the effective date of this act. Any and all proposed

25  municipal enactments that may effect a change in the United

26  Ranches Area, including, but not limited, to all

27  quasi-judicial items, including zoning modifications, site

28  plans, plats, and variances, must be approved by a

29  supermajority of the municipality's designated governing body.

30  All applications for zoning changes within the United Ranches

31  Area require written notification of all United Ranches Area

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  1  residents. Moreover, any application for a change of zoning

  2  within the United Ranches Area must first come before a

  3  preservation board made up of five members residing in the

  4  United Ranches Area who will be appointed every 2 years by the

  5  governing body and will be responsible for issuing

  6  recommendations on zoning changes within the United Ranches

  7  Area.

  8         Section 8.  Upon annexation into a municipality, the

  9  following shall govern the areas described in section 2: for

10  any use, building, or structure that is legally in existence

11  at the time the United Ranches Area becomes a part of the

12  municipality, such use shall not be made a prohibited use by

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

14  the use shall continue and is not voluntarily abandoned.

15         Section 9.  Subsequent to the effective date of this

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

17  effective within the limits of the land subject to annexation

18  herein until the United Ranches Area has been annexed into the

19  municipality, nor shall annexation by any municipality occur

20  during the period between the effective date of this act and

21  the effective date of the annexation.

22         Section 10.  This act shall take precedence over any

23  other enacted law.

24         Section 11.  This act shall take effect upon becoming a

25  law.

26

27

28

29

30

31

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