House Bill hb1009
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Florida House of Representatives - 2002 HB 1009
By Representative Ritter
1 A bill to be entitled
2 An act relating to the City of North
3 Lauderdale, Broward County; extending and
4 enlarging the corporate limits of the City of
5 North Lauderdale to include specified
6 unincorporated lands within said corporate
7 limits; providing for a referendum; providing
8 for powers and responsibilities of the City of
9 North Lauderdale; providing for protecting
10 certain uses in the annexed area; specifying no
11 change in land use designations or zonings
12 within the annexed area under certain
13 circumstances; transferring public roads and
14 public rights-of-way; specifying municipal
15 powers of the City of North Lauderdale;
16 providing for protection of contract rights;
17 providing for preemption; providing an
18 effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. The area known as the Broadview
23 Estates/Pompano Park Annexation Area is described as follows:
24
25 Portions of section 12, township 49 south,
26 range 41 east, broward county florida; together
27 with portions of section 18, township 49 south,
28 range 42 east broward county florida; together
29 with portions of tracts 4, 8, 9 and 16, "fort
30 lauderdale truck farms" according to the plat
31 thereof as recorded in plat book 4, page 31 of
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Florida House of Representatives - 2002 HB 1009
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1 the public records of broward county, florida;
2 together with a portion of tract 10, block 96,
3 "palm beach farms co. Plat no. 3", p.b. 2, page
4 54, palm beach county records; together with
5 all of the following plats recorded in the
6 public records of broward county, florida,
7 "broadview country club estates", plat book 44,
8 page 31, "broadview country club estates, first
9 addition", plat book 46, page 4, "broadview
10 country club estates, 2nd addition", plat book
11 47, page 22, broadview country club estates,
12 3rd addition, plat book 47, page 41, "broadview
13 country club estates, 4th addition", plat
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15 Book 48, page 5, "Broadview Country Club
16 Estates, 5th addition", plat book 48, page 25,
17 "Broadview Country Club Estates, 6th addition",
18 plat book 51, page 49, "Broadview Country Club
19 Estates, 7th addition", plat book 51, page 50,
20 "Pompano Park section 1", plat book 52, page 7,
21 "Pompano Park section 2", plat book 54, page
22 12, "Pompano Park section 3", plat book 55,
23 page 20, "Broadview Country Club Estates, 9th
24 addition", plat book 56, page 3, "Broadview
25 Country Club Estates, 11th addition", plat book
26 56, page 28, "Broadview Country Club Estates,
27 12th addition", plat book 57, page 18,
28 "Broadview Country Club Estates, 14th
29 addition", plat book 58 page 18, "Broadview
30 Country Club Estates, 15th addition", plat book
31 62, page 35, "Perry's addition to Broadview
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Florida House of Representatives - 2002 HB 1009
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1 Country Club Estates", plat book 62, page 43,
2 "Springbank Park", plat book 63, page 47,
3 "Springbank Park, section 2", plat book 69,
4 page 23, "Southern Federal at Tamarac, plat
5 book 82, page 36, "Sloate & Zito Center", plat
6 book 83, page 13, Buntrock plat", plat book 84,
7 page 30, "Bailey Road Plaza", plat book 86,
8 page 1, "Staples Commercial plat", plat book
9 93, page 2, "Zackowitz plat", plat book 100,
10 page 38, "Wellens Commercial", plat book 115,
11 page 44, "Plaza Seven Subdivision", plat book
12 117, page 24, "Centrum-robaina plat", plat book
13 127, page 27, "Hidden Lake Estates", plat book
14 144, page 46, and the "Wiley plat", plat book
15 168, page 29, said portions being more
16 particularly described as follows: beginning at
17 the intersection of a line lying 170.00 feet
18 east ofthe west line of saidsection 12, and the
19 north line of saidsection 12; said line also
20 being the municipal limits of North Lauderdale
21 per Chapter 83-475, House Bill no. 926, Laws of
22 Florida; thence along said north line and said
23 municipal limits line, south 88°55'02" east,
24 5,098.96 feet to an intersection with a point
25 on a line lying 15 feet west of and parallel
26 with the east line of the northeast quarter
27 (n.e. 1/4) of said section 12; thence along
28 said parallel line, and said municipal limits
29 line, south 00°00'00" east, 2,644.43 feet;
30 thence south 00°00'03" east 98.89 feet to a
31 point on the westerly right of way of Florida's
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Florida House of Representatives - 2002 HB 1009
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1 Turnpike; thence north 37°42'49" east along
2 said westerly right of way and said municipal
3 limits line to the northerly prolongation of
4 the west line of tract 7, block 96 of said Palm
5 Beach Farms Co. Plat no. 3; thence south
6 00°01'14" east along the said northerly
7 prolongation and along the east right-of-way
8 line of State Road 7 said line also being the
9 municipal limits of Fort Lauderdale as per
10 Chapter 69-1057 House Bill 2628 of the Laws of
11 Florida and City of Ft. Lauderdale ordinance
12 no. C-00-71 to the north right-of-way line of
13 prospect road, as shown on the state of florida
14 department of transportation right-of-way map
15 section 86100-2501 sheet 7 (latest date
16 4/17/95); thence easterly along said north
17 right-of-way line, to a point of intersection
18 with a line lying 249.00 feet east of and
19 parallel with the east right-of-way line of
20 said State Road 7; thence southerly along said
21 line to an intersection with the south line of
22 aforesaid tract 10; thence along said south
23 line, 987.82 feet to an intersection with the
24 northerly extension of the westerly line of
25 "Linpro Lonestar Park", according to the plat
26 thereof as recorded in plat book 124, page 12,
27 of the public records of Broward County,
28 Florida; thence south 00°07'30" east, along
29 said westerly line and the westerly line of
30 "Prospect Industrial and Commercial Park"
31 according to the plat thereof as recorded in
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Florida House of Representatives - 2002 HB 1009
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1 plat book 104, page 17, of the public records
2 of Broward County, Florida, said line also
3 being the municipal limits of Fort Lauderdale
4 per ordinance c-72-22, 2,078.22 feet to the
5 northeast corner of "Leder Commercial
6 Subdivision", according to the plat thereof as
7 recorded in plat book 79, page 25 of the public
8 records of Broward County, Florida; thence
9 along the north line of said "Leder Commercial
10 Subdivision" plat, said line also being the
11 municipal limits of Fort Lauderdale per
12 ordinance c-73-4 north 88°33'38" west, 1,271.42
13 feet to the east right of way line of State
14 Road 7; thence along said east right of way
15 line and said municipal limits line, south
16 00°00'30" east, 658.62 feet to the south line
17 of the northwest quarter (n.w. 1/4) of said
18 section 18; thence along the municipal limits
19 of tamarac, per ordinance 0-81-17, the
20 following nine (9) courses; (1) thence north
21 88°29'17" west 153 feet along said south line
22 and the westerly prolongation thereof to the
23 west right of way line of State Road 7; (2)
24 thence northerly along said west right of way
25 line to an intersection with the south line of
26 the southeast quarter of section 12, township
27 49 south, range 41 east; (3) thence along said
28 south line, north 88°57'06" west 1,220 feet,
29 more or less, to an intersection with the west
30 line of said tract 16 and the southerly
31 extension of the west line of said "Pompano
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Florida House of Representatives - 2002 HB 1009
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1 Park" plat; (4) thence along said west line,
2 said line also being the east line of tract 15
3 of said Ft. Lauderdale Truck Farms plat, north
4 00°02'53" west, 1,320.05 feet to the southeast
5 corner of said "Pompano Park section 1" plat;
6 (5) thence along the south line of aforesaid
7 "Pompano Park section 1" plat and south line of
8 said tract 10, north 88°57'12" west, 1,153.35
9 feet to a point of intersection with a line
10 lying 165.83 feet east of the west line of said
11 tract 10; (6) thence northerly along said line
12 163.73 feet; (7) thence westerly along a line
13 163.73 feet north of the south line of said
14 tract 10, 165.83 feet to a point on the west
15 line of said tract 10; (8) thence along the
16 west line of said tract 10, north 01°03'51"
17 east, 1,155.20 feet to an intersection with the
18 south line of the north half (n 1/2) of said
19 section 12; (9) thence along said south line,
20 north 88°56'09" west 2,470.48 feet to a point
21 of intersection with said line lying 170.00
22 feet east of and parallel with the west line of
23 said section 12; thence along said parallel
24 line said line also being the municipal limits
25 of the City of North Lauderdale per Chapter
26 83-475 House Bill 926 Laws of Florida, north
27 00°00'05" east, 2,646.09 feet to the point of
28 beginning. Less therefrom: that portion of the
29 City of Ft. Lauderdale, as per ordinance c-73-4
30 lying in section 18, township 49 south, range
31 42 east, Broward County, Florida, being more
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Florida House of Representatives - 2002 HB 1009
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1 particularly described as follows: beginning at
2 the northwest corner of the south half (s 1/2)
3 of the southeast one quarter (s.e. 1/4) of the
4 northwest one quarter (n.w. 1/4) of section 18,
5 township 49 south, range 42 east; thence north
6 00°07'30" west along the extension of the west
7 line of the south half (s 1/2) of the southeast
8 one quarter (s.e. 1/4) of the northwest one
9 quarter (n.w. 1/4), a distance of 15.00 feet;
10 thence north 88°33'38" west, a distance of
11 10.00 feet; thence south 00°07'30" east, 10.00
12 feet west of and parallel to the said west line
13 of the south half (s 1/2) of the southeast one
14 quarter (s.e. 1/4) of the northwest one quarter
15 (n.w. 1/4), a distance of 33.33 feet; thence
16 south 88°33'38" east, a distance of 10.00 feet
17 to a point on the west line of said south half
18 (s1/2) of the southeast one quarter (s.e. 1/4)
19 of the northwest one quarter (n.w. 1/4); thence
20 north 00°07'30" west, along the said west line
21 of the south half (s 1/2) of the southeast one
22 quarter (s.e. 1/4) of the northwest one quarter
23 (n.w. 1/4), a distance of 18.33 feet to the
24 point of beginning.
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26 Said lands situate in Broward County, Florida.
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28 Section 2. An election shall be scheduled by the Board
29 of County Commissioners of Broward County in accordance with
30 the provisions of law relating to elections currently in force
31 in Broward County on November 5, 2002. Only registered voters
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Florida House of Representatives - 2002 HB 1009
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1 residing in the Broadview Estates/Pompano Park Annexation Area
2 may vote in said election. A mail ballot shall not be used in
3 said election. The item that shall appear on the ballot of
4 the election of November 5, 2002, shall be as follows:
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6 Shall the Broadview Estates/Pompano Park
7 Annexation Area be annexed into the City of
8 North Lauderdale effective September 15, 2003,
9 or September 15, 2004.
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11 Select one below:
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13 All of the Broadview Estates/Pompano Park
14 Annexation Area shall be annexed into the City
15 of North Lauderdale, effective September 15,
16 2003.
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18 All of the Broadview Estates/Pompano Park
19 Annexation Area shall be annexed into the City
20 of North Lauderdale, effective September 15,
21 2004.
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23 Section 3. All of the Broadview Estates/Pompano Park
24 Annexation Area, as defined herein, shall be deemed a part of
25 the City of North Lauderdale effective on the date which
26 receives a majority of the votes in the election described in
27 section 2.
28 Section 4. As of the effective date of annexation,
29 whichever date receives a majority of the votes in the
30 election described in section 2, the City of North Lauderdale
31 shall have all powers and responsibilities as provided in
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Florida House of Representatives - 2002 HB 1009
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1 section 171.062, Florida Statutes, except as provided in this
2 act.
3 Section 5. Upon annexation into the City of North
4 Lauderdale, the following shall govern the areas described in
5 the Broadview Estates/Pompano Park Annexation Area as provided
6 in this act: for any use, building, or structure that is
7 legally in existence at the time the Broadview Estates/Pompano
8 Park Annexation Area becomes a part of the City of North
9 Lauderdale, such use shall not be made a prohibited use by the
10 City of North Lauderdale, on the property of said use, for as
11 long as the use shall continue and is not voluntarily
12 abandoned.
13 Section 6. Subsequent to the effective date of this
14 act, no change in land use designation or zoning shall be
15 effective within the limits of the lands subject to annexation
16 herein, until the Broadview Estates/Pompano Park Annexation
17 Area has been annexed into the City of North Lauderdale,
18 pursuant to this act.
19 Section 7. All public roads and the public
20 rights-of-way associated therewith, lying within the limits of
21 the lands subject to annexation herein, as described in
22 section 1, are transferred from Broward County jurisdiction to
23 the jurisdiction of the City of North Lauderdale except McNab
24 Road.
25 Section 8. Upon the effective date of the annexation,
26 the City of North Lauderdale shall be responsible for and
27 embodied with all municipal powers granted in chapter 166,
28 Florida Statutes, over territory hereby annexed.
29 Section 9. Nothing in this chapter shall be construed
30 to affect or abrogate the rights of parties to any contracts,
31 whether the same be between Broward County and a third party
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1 or between nongovernmental entities, which contracts are in
2 effect prior to the effective date of annexation.
3 Section 10. This act shall take precedence over any
4 other enacted law.
5 Section 11. This act shall take effect upon becoming a
6 law.
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