Senate Bill sb2628

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    Florida Senate - 2002        (NP)                      SB 2628

    By Senator Geller





    29-1833-02                                         See HB 1019

  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 Plantation; providing for annexation of the

  5         unincorporated area known as "Broward Estates";

  6         providing for an election; providing for an

  7         effective date of annexation; providing for an

  8         interlocal agreement; providing for

  9         continuation of certain Broward County

10         regulations; providing for the transfer of

11         public roads and rights-of-way; providing an

12         effective date.

13

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

15

16         Section 1.  No later than July 1, 2002, the governing

17  body for the City of Plantation shall, after having considered

18  the effects of annexation on the residents of both the

19  "Broward Estates Area," as hereinafter described, and the City

20  of Plantation, have informed the Broward County Legislative

21  Delegation and the Broward County Board of County

22  Commissioners that it desires to appear on the ballot as

23  provided for in this act.

24         Section 2.  The legal description of the "Broward

25  Estates Area" is as follows:

26

27         That portion of Sections 5 and 6, Township 50

28         South, Range 42 East; Broward County, Florida,

29         described as follows:

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    Florida Senate - 2002        (NP)                      SB 2628
    29-1833-02                                         See HB 1019




  1         Beginning at a point on the boundary of the

  2         City of Plantation, established by Chapter

  3         68-101, Laws of Florida, being at the

  4         intersection of the South line of said Section

  5         6 with the Southerly prolongation of the

  6         centerline of N.W. 38th Way, as shown by the

  7         plat of BROWARD ESTATES Section 2, as recorded

  8         in Plat Book 34, Page 19, Public Records of

  9         Broward County, Florida,

10

11         thence continuing along the said boundary of

12         the City of Plantation the following ten (10)

13         courses;

14

15         thence North along the said Southerly

16         prolongation of the centerline of N.W. 38th Way

17         to an intersection with the North right-of-way

18         of Broward Blvd., said North right-of-way line

19         being 50 ft. North of and parallel to the South

20         line of said Section 6;

21

22         thence Easterly along the said North

23         right-of-way line of Broward Blvd. to the

24         Southeast corner of Tract "E," as shown by said

25         BROWARD ESTATES Section 2;

26

27         thence Northerly along the East line of said

28         Tract "E" to the Northeast corner of said Tract

29         "E";

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    Florida Senate - 2002        (NP)                      SB 2628
    29-1833-02                                         See HB 1019




  1         thence Westerly along the North line of Tracts

  2         "D" and "E," as shown by said BROWARD ESTATES

  3         Section 2, and its Westerly prolongation

  4         thereof to a point of intersection with the

  5         centerline of N.W. 38th Way, as shown by said

  6         BROWARD ESTATES, Section 2;

  7

  8         thence Northerly along the centerline of said

  9         N.W. 38th Way to a point of intersection with

10         the Southerly prolongation of the West line of

11         Block 13, as shown by said BROWARD ESTATES

12         Section 2;

13

14         thence Northerly along the West line of Block

15         13 and its Southerly prolongation thereof, to

16         the North line of said BROWARD ESTATES Section

17         2;

18

19         thence Westerly along the said North line of

20         BROWARD ESTATES Section 2 for a distance of 40

21         ft.;

22

23         thence Northerly along a line 230 ft. East of

24         and parallel to the West line of said Section

25         6, to the Westerly prolongation of the North

26         right-of-way line of N.W. 5th Street, as shown

27         by plat of GREENLEAF, as recorded in Plat Book

28         42, at Page 9, Public Records of Broward

29         County, Florida;

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    Florida Senate - 2002        (NP)                      SB 2628
    29-1833-02                                         See HB 1019




  1         thence Westerly along said Westerly

  2         prolongation for a distance of 5 ft.;

  3

  4         thence Northerly along a line 225 ft. East of

  5         and parallel to the West line of said Section 6

  6         to the Westerly prolongation of the North

  7         right-of-way line of N.W. 7th Street, as shown

  8         by plat of ACADEMY AWARD HOMES Section 3, as

  9         recorded in Plat Book 45, at Page 17 Public

10         Records of Broward County, Florida;

11

12         thence Easterly and Southeasterly along the

13         said North right-of-way line and the Easterly

14         prolongation thereof to the Northwest corner of

15         lot 3, Block 5, as shown by the plat of

16         TROPICANA PARK HOMES, as recorded in Plat Book

17         46, Page 17, Public Records of Broward County,

18         Florida;

19

20         thence Easterly along the North line of said

21         Lot 3 to the Northeast corner thereof;

22

23         thence Easterly to the Northwest corner of Lot

24         6, Block 27, as shown by the plat of NEW

25         BROWARDALE, as recorded in Plat Book 47, Page

26         14, Public Records of Broward County, Florida;

27

28         thence Easterly along the North line of said

29         Lot 6 to the Northeast corner thereof being on

30         the West right-of-way line of N.W. 34th

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    Florida Senate - 2002        (NP)                      SB 2628
    29-1833-02                                         See HB 1019




  1         Terrace, as shown by said plat of NEW

  2         BROWARDALE;

  3

  4         thence Northerly along the said West

  5         right-of-way line to the point of curvature of

  6         a curve concave to the Southeast, having a

  7         radius of 85 feet;

  8

  9         thence Northerly through Easterly along said

10         curve to the point of tangency with the North

11         right-of-way line of N.W. 7th Street, as shown

12         by said plat of NEW BROWARDALE;

13

14         thence Easterly along the said North

15         right-of-way line and the Easterly prolongation

16         thereof to the centerline of N.W. 34th Avenue;

17

18         thence Easterly along the North right-of-way

19         line of N.W. 7th St. and the Westerly

20         prolongation thereof, to the point of curvature

21         of a curve concave to the Northwest, having a

22         radius of 25 feet;

23

24         thence Easterly through Northerly along the arc

25         of said curve to the point of tangency with the

26         West right-of-way line of N.W. 33rd Terrace, as

27         shown by BROWARDALE 2ND ADDITION AMENDED PLAT,

28         as recorded in Plat Book 47, Page 23, Public

29         Records of Broward County, Florida;

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    Florida Senate - 2002        (NP)                      SB 2628
    29-1833-02                                         See HB 1019




  1         thence Easterly to the Northwest corner of Lot

  2         1, Block 32, as shown by the said BROWARDALE

  3         2ND ADDITION AMENDED PLAT;

  4

  5         thence Easterly along the North line of said

  6         Lot 1 to the Northeast corner thereof;

  7

  8         thence Easterly to the Northwest corner of Lot

  9         16, Block 31, as shown by the said BROWARDALE

10         2ND ADDITION AMENDED PLAT;

11

12         thence Easterly along the North line of said

13         Lot 16 to the Northeast corner thereof;

14

15         thence Easterly to the Northwest corner of Lot

16         16, Block 30, as shown by said BROWARDALE 2ND

17         ADDITION AMENDED PLAT;

18

19         thence Easterly along the North line of said

20         Lot 16, Block 30 to the Northeast corner

21         thereof;

22

23         thence Southerly along the East line of said

24         Lot 16, Block 30 to a point of intersection

25         with the North line of the Southeast

26         One-Quarter (SE 1/4), of the Southeast

27         One-Quarter (SE 1/4), of the Northeast

28         One-Quarter (NE 1/4) of said Section 6;

29

30         thence Easterly along said North line and the

31         Easterly prolongation thereof to the East

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    Florida Senate - 2002        (NP)                      SB 2628
    29-1833-02                                         See HB 1019




  1         right-of-way line of Martin Luther King, Jr.

  2         Blvd. (N.W. 31st Ave.);

  3

  4         thence Southerly along the said East

  5         right-of-way line to the North right-of-way

  6         line of West Broward Blvd. and the boundary of

  7         the City of Fort Lauderdale as described in

  8         Chapter 69-1057, Laws of Florida;

  9

10         thence continuing along the said boundary of

11         the City of Fort Lauderdale the following two

12         (2) courses;

13

14         thence Westerly along the said North

15         right-of-way line to the Northerly extension of

16         the West right-of-way line of S.W. 31st Avenue;

17

18         thence Southerly along the said Northerly

19         extension to the South line of said Section 6;

20

21         thence Westerly along said South line to the

22         Point of Beginning.

23

24         Section 3.  The Broward County Board of County

25  Commissioners shall schedule an election in accordance with

26  the provisions of law relating to elections currently in force

27  in Broward County on November 5, 2002. The subject of said

28  election shall be the annexation of the area described in

29  section 2, commonly known as the "Broward Estates Area." Only

30  registered voters residing in the "Broward Estates Area" as

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

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    Florida Senate - 2002        (NP)                      SB 2628
    29-1833-02                                         See HB 1019




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

  2  of Plantation. The voters residing in the "Broward Estates

  3  Area" shall, by majority vote of the voters participating in

  4  the election, choose whether to join that city on September

  5  15, 2003, or September 15, 2004. A mail ballot shall not be

  6  used in this election. However, voters may vote by absentee

  7  ballot as provided by law.

  8         Section 4.  Upon a majority of the registered voters

  9  voting in the referendum, as provided in section 3, for

10  annexation into the City of Plantation, the area described in

11  this act shall be deemed a part the City of Plantation on

12  September 15, 2003, or September 15, 2004, pursuant to section

13  171.062, Florida Statutes, except as provided for in this act.

14         Section 5.  An interlocal agreement shall be developed

15  between the governing bodies of Broward County and the City of

16  Plantation and executed prior to the effective date of the

17  annexation as provided for in section 4. The agreement shall

18  include a financially feasible plan for transitioning county

19  services, buildings, infrastructure, waterways, and employees,

20  and provisions for Broward County to continue to receive

21  certain revenues generated by the "Broward Estates Area" until

22  the completion of programmed infrastructure improvements, as

23  appropriate.

24         Section 6.  An interlocal agreement between Broward

25  County and the City of Plantation shall be implemented

26  regarding infrastructure improvements in the unincorporated

27  area as a part of the annexation contemplated by this act.

28         Section 7.  The Board of County Commissioners of

29  Broward County is hereby authorized to set the election

30  provided for in section 3 by general election for the time

31  period provided in this act and at the cost of Broward County.

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    Florida Senate - 2002        (NP)                      SB 2628
    29-1833-02                                         See HB 1019




  1  A mail ballot shall not be used for any election provided for

  2  in this act. However, voters may vote by absentee ballot as

  3  provided by law.

  4         Section 8.  Upon annexation into the City of

  5  Plantation, the following shall govern the areas described in

  6  section 2:

  7         (1)  The present land use designations and zoning

  8  districts provided for under the Broward County Comprehensive

  9  Plan and the Code of Ordinances of Broward County shall remain

10  the law governing the "Broward Estates Area," notwithstanding

11  the fact that the "Broward Estates Area" is now a part of the

12  City of Plantation, until amended by a majority vote plus one

13  of the governing body of the City of Plantation. The land use

14  designations and zoning of Broward County shall be deemed the

15  conforming laws of the City of Plantation of which the

16  "Broward Estates Area" is now a part, until amended by a

17  majority vote plus one of the governing body of the the City

18  of Plantation.

19         (2)  Any change of zoning districts or land use

20  designations may only be accomplished by enactment of the vote

21  of the majority of the full governing body of the City of

22  Plantation plus one.

23         (3)  Notwithstanding subsections (1) and (2), any use,

24  building, or structure that is legally in existence at the

25  time that the "Broward Estates Area" becomes a part of the

26  City of Plantation, said use shall not be made a prohibited

27  use by the City of Plantation, on the property of said use,

28  for as long as the use shall continue and not be voluntarily

29  abandoned.

30         Section 9.  Subsequent to the effective date of this

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

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    Florida Senate - 2002        (NP)                      SB 2628
    29-1833-02                                         See HB 1019




  1  effective within the limits of the lands subject to annexation

  2  herein until the "Broward Estates Area" has been annexed into

  3  the City of Plantation; no annexation within the "Broward

  4  Estates Area" by any municipality shall occur during the time

  5  period between the effective date of this act and the

  6  effective date of the annexation.

  7         Section 10.  All public roads and the public

  8  rights-of-way associated therewith on the Broward County Road

  9  System lying within the limits of the lands subject to

10  annexation herein, as described in section 2, are transferred

11  from Broward County jurisdiction to the jurisdiction of the

12  City of Plantation, except for those portions of Martin Luther

13  King, Jr. Avenue (S.W. 31 Avenue) lying within the limits of

14  the annexation area. All rights, title, interests, and

15  responsibilities for any transferred roads, including, but not

16  limited to, the ownership, operation, maintenance, planning,

17  design, and construction of said roads and to the

18  rights-of-way associated therewith shall transfer from Broward

19  County jurisdiction and ownership to the jurisdiction and

20  ownership of the City of Plantation upon the effective date of

21  the annexation.

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

23  law.

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