Senate Bill sb2620

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    Florida Senate - 2002        (NP)                      SB 2620

    By Senator Geller





    29-1863-02                                         See HB 1009

  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 Senate - 2002        (NP)                      SB 2620
    29-1863-02                                         See HB 1009




  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,

  4         page 54, Palm Beach County records; together

  5         with 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 book

14         48, page 5, "Broadview Country Club Estates,

15         5th addition", plat book 48, page 25,

16         "Broadview Country Club Estates, 6th addition",

17         plat book 51, page 49, "Broadview Country Club

18         Estates, 7th addition", plat book 51, page 50,

19         "Pompano Park section 1", plat book 52, page 7,

20         "Pompano Park section 2", plat book 54, page

21         12, "Pompano Park section 3", plat book 55,

22         page 20, "Broadview Country Club Estates, 9th

23         addition", plat book 56, page 3, "Broadview

24         Country Club Estates, 11th addition", plat book

25         56, page 28, "Broadview Country Club Estates,

26         12th addition", plat book 57, page 18,

27         "Broadview Country Club Estates, 14th

28         addition", plat book 58, page 18, "Broadview

29         Country Club Estates, 15th addition", plat book

30         62, page 35, "Perry's addition to Broadview

31         Country Club Estates", plat book 62, page 43,

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    Florida Senate - 2002        (NP)                      SB 2620
    29-1863-02                                         See HB 1009




  1         "Springbank Park", plat book 63, page 47,

  2         "Springbank Park, section 2", plat book 69,

  3         page 23, "Southern Federal at Tamarac, plat

  4         book 82, page 36, "Sloate & Zito Center", plat

  5         book 83, page 13, Buntrock plat", plat book 84,

  6         page 30, "Bailey Road Plaza", plat book 86,

  7         page 1, "Staples Commercial plat", plat book

  8         93, page 2, "Zackowitz plat", plat book 100,

  9         page 38, "Wellens Commercial", plat book 115,

10         page 44, "Plaza Seven Subdivision", plat book

11         117, page 24, "Centrum-robaina plat", plat book

12         127, page 27, "Hidden Lake Estates", plat book

13         144, page 46, and the "Wiley plat", plat book

14         168, page 29, said portions being more

15         particularly described as follows: beginning at

16         the intersection of a line lying 170.00 feet

17         east of the west line of said section 12, and

18         the north line of said section 12; said line

19         also being the municipal limits of North

20         Lauderdale per Chapter 83-475, House Bill no.

21         926, Laws of Florida; thence along said north

22         line and said municipal limits line, south

23         88°55'02" east, 5,098.96 feet to an

24         intersection with a point on a line lying 15

25         feet west of and parallel with the east line of

26         the northeast quarter (n.e. 1/4) of said

27         section 12; thence along said parallel line,

28         and said municipal limits line, south 00°00'00"

29         east, 2,644.43 feet; thence south 00°00'03"

30         east 98.89 feet to a point on the westerly

31         right of way of Florida's Turnpike; thence

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    Florida Senate - 2002        (NP)                      SB 2620
    29-1863-02                                         See HB 1009




  1         north 37°42'49" east along said westerly right

  2         of way and said municipal limits line to the

  3         northerly prolongation of the west line of

  4         tract 7, block 96 of said Palm Beach Farms Co.

  5         Plat no. 3; thence south 00°01'14" east along

  6         the said northerly prolongation and along the

  7         east right-of-way line of State Road 7 said

  8         line also being the municipal limits of Fort

  9         Lauderdale as per Chapter 69-1057 House Bill

10         2628 of the Laws of Florida and City of Ft.

11         Lauderdale ordinance no. C-00-71 to the north

12         right-of-way line of prospect road, as shown on

13         the state of florida department of

14         transportation right-of-way map section

15         86100-2501 sheet 7 (latest date 4/17/95);

16         thence easterly along said north right-of-way

17         line, to a point of intersection with a line

18         lying 249.00 feet east of and parallel with the

19         east right-of-way line of said State Road 7;

20         thence southerly along said line to an

21         intersection with the south line of aforesaid

22         tract 10; thence along said south line, 987.82

23         feet to an intersection with the northerly

24         extension of the westerly line of "Linpro

25         Lonestar Park", according to the plat thereof

26         as recorded in plat book 124, page 12, of the

27         public records of Broward County, Florida;

28         thence south 00°07'30" east, along said

29         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 Senate - 2002        (NP)                      SB 2620
    29-1863-02                                         See HB 1009




  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 Senate - 2002        (NP)                      SB 2620
    29-1863-02                                         See HB 1009




  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 Senate - 2002        (NP)                      SB 2620
    29-1863-02                                         See HB 1009




  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 Senate - 2002        (NP)                      SB 2620
    29-1863-02                                         See HB 1009




  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:

  5

  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 Senate - 2002        (NP)                      SB 2620
    29-1863-02                                         See HB 1009




  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, on the Broward County Road

21  System, lying within the limits of the lands subject to

22  annexation herein, as described in section 1, are transferred

23  from Broward County jurisdiction to the jurisdiction of the

24  City of North Lauderdale except McNab Road, upon the effective

25  date of the annexation.

26         Section 8.  Upon the effective date of the annexation,

27  the City of North Lauderdale shall be responsible for and

28  embodied with all municipal powers granted in chapter 166,

29  Florida Statutes, over territory hereby annexed.

30         Section 9.  Nothing in this chapter shall be construed

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

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    Florida Senate - 2002        (NP)                      SB 2620
    29-1863-02                                         See HB 1009




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

  2  or between nongovernmental entities, which contracts are in

  3  effect prior to the effective date of annexation.

  4         Section 10.  This act shall take precedence over any

  5  other enacted law.

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

  7  law.

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