House Bill hb0991

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    Florida House of Representatives - 2002                 HB 991

        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 Fort Lauderdale or the City of Plantation;

  5         providing for annexation of the unincorporated

  6         area known as "Broadview Park"; providing for

  7         an election; providing for an effective date of

  8         annexation; providing for an interlocal

  9         agreement; providing for a continuation of

10         certain Broward County regulations; providing

11         for the transfer of public roads and

12         rights-of-way; providing an 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 each municipality subject to annexation under this

18  act shall, after having considered the effects of annexation

19  on the residents of both the "Broadview Park Area," as

20  hereinafter described, and the municipality, inform the

21  Broward County Legislative Delegation and the Broward County

22  Board of County Commissioners whether it desires to appear on

23  the ballot as provided for in this act.

24         Section 2.  If at least one of the municipalities

25  subject to annexation under this act informs the Broward

26  County Legislative Delegation and the Broward County Board of

27  County Commissioners that it desires to appear on the ballot

28  as provided for in section 1, the Broward County Board of

29  County Commissioners shall schedule an election on November 5,

30  2002, in accordance with the provisions of law relating to

31  elections currently in force in Broward County.  The subject

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  1  of such election shall be the annexation of the Broadview Park

  2  Area.  Only registered voters residing in the Broadview Park

  3  Area as described in this act may vote in such election.  On

  4  the ballot provided for in this section shall appear the name

  5  of each municipality which shall have informed the Broward

  6  County Legislative Delegation and the Broward County Board of

  7  County Commissioners that it desires to appear on the ballot

  8  as provided for in section 1.  The voters residing in the

  9  Broadview Park Area shall, by majority vote of the voters

10  participating in the election, choose one municipality for

11  annexation.  In the event only one municipality shall have

12  informed the Broward County Legislative Delegation and the

13  Broward County Board of County Commissioners that it desires

14  to appear on the ballot as provided for in section 1, the

15  voters residing in the Broadview Park Area shall, by majority

16  vote of the voters participating in the election, choose

17  whether to join that municipality on September 15, 2003, or

18  September 15, 2004.  A mail ballot shall not be used in this

19  election.  However, voters may vote by absentee ballot as

20  provided by law.

21         Section 3.  Upon a majority of the registered voters

22  residing in the Broadview Park Area voting for annexation into

23  the City of Fort Lauderdale, the Broadview Park Area described

24  in section 4 shall be deemed a part of such municipality on

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

26  Statutes, except as otherwise provided in this act.  However,

27  should the City of Fort Lauderdale be the only municipality to

28  have informed the Broward County Legislative Delegation and

29  the Broward County Board of County Commissioners that it

30  desires to appear on the ballot as provided for in section 1,

31  the area described in section 4 shall be deemed a part of such

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  1  municipality on September 15, 2003, or September 15, 2004,

  2  pursuant to section 171.062, Florida Statutes, except as

  3  otherwise provided in this act.

  4         Section 4.  For purposes of annexation into the City of

  5  Fort Lauderdale, the legal description of the Broadview Park

  6  Area is as follows:

  7

  8         That portion of Sections 13, 14, 23 and 24,

  9         Township 50 South, Range 41 East and Section

10         18, Township 50 South, Range 42 East, Broward

11         County, Florida, described as follows:

12

13         Beginning at a point on the boundary of the

14         City of Plantation established by Chapter

15         68-101 Laws of Florida, being the Southeast

16         corner of Tract 1, Tier 24, according to

17         Newman's Survey of Section 14, Township 50

18         South, Range 41 East, as recorded in Plat Book

19         2, Page 26, Public Records of Dade County,

20         Florida;

21

22         thence continuing along the said boundary of

23         the City of Plantation the following 6 courses;

24

25         thence Northeasterly along the East line of

26         said Tier 24, to the North line of said Section

27         13;

28

29         thence East along the said North line of

30         Section 13 to a point of intersection with the

31         Northerly extension of the Westerly line of

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  1         Block 3, as shown by the plat of LAUDERDALE

  2         HIGHLANDS as recorded in Plat Book 12, at Page

  3         37, Public Records of Broward County, Florida;

  4

  5         thence Southwesterly along the Westerly line of

  6         said Block 3 and its Northerly extension

  7         thereof, to the Southwesterly corner of Lot 11

  8         of said Block 3;

  9

10         thence Easterly along the Southerly line of

11         said Lot 11 and its Easterly extension thereof,

12         to a point of intersection with the Easterly

13         right-of-way line of Highland Avenue, as shown

14         by said plat of LAUDERDALE HIGHLANDS;

15

16         thence Southwesterly along the Easterly

17         right-of-way line of said Highland Avenue to a

18         point of intersection with the South line of

19         Block 1, as shown by said plat of LAUDERDALE

20         HIGHLANDS;

21

22         thence Easterly along the South line of said

23         Block 1 and its Easterly extension thereof to a

24         point of intersection with the East

25         right-of-way line of State Road No.7, as

26         described in City of Fort Lauderdale annexing

27         Resolution No. 8519;

28

29         thence Southerly along the said east

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

31         line of Riverland Road and the boundary of the

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  1         Town of Davie as described in Chapter 84-420,

  2         Laws of Florida;

  3

  4         thence continuing along said boundary of the

  5         Town of Davie the following 10 courses;

  6

  7         thence Westerly along the Westerly prolongation

  8         of the said North right-of-way line to the West

  9         right-of-way line of State Road No.7;

10

11         thence Southerly along said West right-of-way

12         line to a point of intersection with a line 300

13         feet North of the Southerly line of Tract 2,

14         Tier 4, of said Newman's Survey, as measured

15         along the said Westerly right-of-way line;

16

17         thence Northwesterly to a point on the Easterly

18         right-of-way line of Southwest 41st Avenue,

19         being 298.34 feet Northerly from the Southwest

20         corner of said Tract 2, Tier 4;

21

22         thence Westerly to a point of intersection of

23         the West right-of-way line of Southwest 41st

24         Avenue with the North line of said Section 24;

25

26         thence Southwesterly along the said West

27         right-of-way line to the centerline of North

28         New River Canal;

29

30

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  1         thence Southeasterly along said centerline to

  2         the Westerly right-of-way line of State Road

  3         No.7;

  4

  5         thence Southwesterly along said West

  6         right-of-line to the South bank of the North

  7         New River Canal;

  8

  9         thence Northwesterly along said South bank to

10         the Northerly extension of the West line of the

11         East One-Half of Tract 1, Tier 7 of said

12         Newman's Survey;

13

14         thence Southwesterly along said Northerly

15         extension to the Northwest corner of the said

16         East One-Half of Tract 1, Tier 7, also being on

17         the South right-of-way line of North New River

18         Canal;

19

20         thence Northwesterly along the said Southerly

21         right-of-way line to the Easterly line of Tier

22         21 of said Newman's Survey;

23

24         thence Northwesterly, continuing on the

25         boundary of the Town of Davie, along the said

26         Southerly right-of-way line to the intersection

27         with the Southwesterly extension of the East

28         line of the aforesaid Tract 1, Tier 24;

29

30         thence Northeasterly along said Southwesterly

31         extension to the Point of Beginning.

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  1

  2         Section 5.  Upon a majority of the registered voters

  3  residing in the Broadview Park Area voting for annexation into

  4  the City of Plantation, the Broadview Park Area described in

  5  section 6 shall be deemed a part of such municipality on

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

  7  Statutes, except as otherwise provided in this act.  However,

  8  should the City of Plantation be the only municipality to have

  9  informed the Broward County Legislative Delegation and the

10  Broward County Board of County Commissioners that it desires

11  to appear on the ballot as provided for in section 1, the area

12  described in section 6 shall be deemed a part of such

13  municipality on September 15, 2003, or September 15, 2004,

14  pursuant to section 171.062, Florida Statutes, except as

15  otherwise provided in this act.

16         Section 6.  For purposes of annexation into the City of

17  Plantation, the legal description of the Broadview Park Area

18  is as follows:

19

20         That portion of Sections 13, 14, 23 and 24,

21         Township 50 South, Range 41 East and Section 18

22         Township 50 South, Range 42 East, Broward

23         County, Florida, described as follows:

24

25         Beginning at a point on the boundary of the

26         City of Plantation established by Chapter

27         68-101 Laws of Florida, being the Southeast

28         corner of Tract 1, Tier 24, according to

29         Newman's Survey of Section 14, Township 50

30         South, Range 41 East, as recorded in Plat Book

31

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  1         2, Page 26, Public Records of Dade County,

  2         Florida;

  3

  4         thence continuing along the said boundary of

  5         the City of Plantation the following 6 courses;

  6

  7         thence Northeasterly along the East line of

  8         said Tier 24, to the North line of said Section

  9         13;

10

11         thence East along the said North line of

12         Section 13 to a point of intersection with the

13         Northerly extension of the Westerly line of

14         Block 3, as shown by the plat of LAUDERDALE

15         HIGHLANDS as recorded in Plat Book 12, at Page

16         37, Public Records of Broward County, Florida;

17

18         thence Southwesterly along the Westerly line of

19         said Block 3 and its Northerly extension

20         thereof, to the Southwesterly corner of Lot 11

21         of said Block 3;

22

23         thence Easterly along the Southerly line of

24         said Lot 11 and its Easterly extension thereof,

25         to a point of intersection with the Easterly

26         right-of-way line of Highland Avenue, as shown

27         by said plat of LAUDERDALE HIGHLANDS;

28

29         thence Southwesterly along the Easterly

30         right-of-way line of said Highland Avenue to a

31         point of intersection with the South line of

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  1         Block 1, as shown by said plat of LAUDERDALE

  2         HIGHLANDS;

  3

  4         thence Easterly along the South line of said

  5         Block 1 and its Easterly extension thereof to a

  6         point of intersection with the East

  7         right-of-way line of State Road No.7, as

  8         described in City of Fort Lauderdale annexing

  9         Resolution No. 8519;

10

11         thence Southerly along the said east

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

13         line of Riverland Road and the boundary of the

14         Town of Davie as described in Chapter 84-420,

15         Laws of Florida;

16

17         thence continuing along said boundary of the

18         Town of Davie the following 10 courses;

19

20         thence Westerly along the Westerly prolongation

21         of the said North right-of-way line to the West

22         right-of-way line of State Road No.7;

23

24         thence Southerly along said West right-of-way

25         line to a point of intersection with a line 300

26         feet North of the Southerly line of Tract 2,

27         Tier 4, of said Newman's Survey, as measured

28         along the said Westerly right-of-way line;

29

30         thence Northwesterly to a point on the Easterly

31         right-of-way line of Southwest 41st Avenue,

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  1         being 298.34 feet Northerly from the Southwest

  2         corner of said Tract 2, Tier 4;

  3

  4         thence Westerly to a point of intersection of

  5         the West right-of-way line of Southwest 41st

  6         Avenue with the North line of said Section 24;

  7

  8         thence Southwesterly along the said West

  9         right-of-way line to the centerline of North

10         New River Canal;

11

12         thence Southeasterly along said centerline to

13         the Westerly right-of-way line of State Road

14         No.7;

15

16         thence Southwesterly along said West

17         right-of-line to the South bank of the North

18         New River Canal;

19

20         thence Northwesterly along said South bank to

21         the Northerly extension of the West line of the

22         East One-Half of Tract 1, Tier 7 of said

23         Newman's Survey;

24

25         thence Southwesterly along said Northerly

26         extension to the Northwest corner of the said

27         East One-Half of Tract 1, Tier 7, also being on

28         the South right-of-way line of North New River

29         Canal;

30

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  1         thence Northwesterly along the said Southerly

  2         right-of-way line to the Easterly line of Tier

  3         21 of said Newman's Survey;

  4

  5         thence Northwesterly, continuing on the

  6         boundary of the Town of Davie, along the said

  7         Southerly right-of-way line to the intersection

  8         with the Southwesterly extension of the East

  9         line of the aforesaid Tract 1, Tier 24;

10

11         thence Northeasterly along said Southwesterly

12         extension to the Point of Beginning.

13

14         TOGETHER WITH:

15

16         That portion of Sections 7, 8, 14, 15, 16 and

17         17, Township 50 South, Range 41 East and

18         Sections 2, 11 and 12, Township 50 South, Range

19         40 East, Broward County, Florida, described as

20         follows:

21

22         Beginning at a point on the boundary of the

23         City of Plantation established by Chapter

24         68-101, Laws of Florida, being the Southeast

25         corner of Tract 1, Tier 24, according to

26         Newman's Survey of Section 14, Township 50

27         South, Range 41 East, as recorded in Plat Book

28         2, Page 26, Public Records of Dade County,

29         Florida;

30

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  1         thence Northwesterly along the North right of

  2         way line of the North New River Canal and along

  3         the boundary of the City of Plantation

  4         established by said Chapter 68-101 and by

  5         Ordinance 1008, Ordinance 568, and Ordinance

  6         543, all as adopted by the City of Plantation,

  7         to the intersection with the West line of said

  8         Section 2;

  9

10         thence Southerly along the said West line to

11         the South right of way line of the North New

12         River Canal, being a point on the boundary of

13         the Town of Davie established by Chapter 84 -

14         420, Laws of Florida;

15

16         thence Southeasterly along the said South right

17         of way line and along the boundary of the Town

18         of Davie established by said Chapter 84 - 420

19         and by Ordinance 85 - 97, adopted by the Town

20         of Davie, to the intersection with the

21         Southwesterly extension of the East line of

22         Tier 24 of said Newman's Survey;

23

24         thence Northeasterly along the said

25         Southwesterly extension to the point of

26         BEGINNING.

27

28         Section 7.  An interlocal agreement shall be developed

29  between the governing bodies of Broward County and the

30  annexing municipality and executed prior to the effective date

31  of the annexation as provided for in section 3 or section 5,

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  1  as applicable.  The agreement shall include a financially

  2  feasible plan for transitioning county services, buildings,

  3  infrastructure, waterways, and employees.

  4         Section 8.  An interlocal agreement between Broward

  5  County and the City of Fort Lauderdale or the City of

  6  Plantation, as applicable, shall be implemented regarding

  7  infrastructure improvements in the unincorporated area as a

  8  part of the annexation contemplated by this act.

  9         Section 9.  The Board of County Commissioners of

10  Broward County is hereby authorized to set the election

11  provided for in section 2 in conjunction with the general

12  election for the time period provided in this act at the cost

13  of Broward County.  A mail ballot shall not be used for any

14  election provided for in this act.  However, voters may vote

15  by absentee ballot as provided by law.

16         Section 10.  Upon annexation into a municipality chosen

17  pursuant to this act, the following shall govern the area

18  described in section 4 or section 6, as applicable:

19         (1)  The present land use designations and zoning

20  districts provided for under the Broward County Comprehensive

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

22  law governing the Broadview Park Area, notwithstanding the

23  fact that the Broadview Park Area is now a part of a

24  municipality.  The land use designations and zoning of Broward

25  County shall be deemed the conforming laws of the municipality

26  of which the Broadview Park Area is now a part.

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

28  designations may only be accomplished by enactment of the vote

29  of the majority of the full governing body of the municipality

30  plus one.

31

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  1         (3)  Notwithstanding subsections (1) and (2), for any

  2  use, building, or structure that is legally in existence at

  3  the time that the Broadview Park Area becomes a part of the

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

  5  the municipality, on the property of such use, for as long as

  6  the use shall continue and not be voluntarily abandoned.

  7         Section 11.  Subsequent to the effective date of this

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

  9  effective within the limits of the lands subject to annexation

10  under this act until the Broadview Park Area has been annexed

11  into a municipality chosen pursuant to this act, and no

12  annexation within the Broadview Park Area by any other

13  municipality shall occur during the time period between the

14  effective date of this act and the effective date of the

15  annexation into a municipality chosen pursuant to this act.

16         Section 12.  All public roads and the public

17  rights-of-way associated therewith, on the Broward County Road

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

19  annexation under this act, as described in section 4 or

20  section 6, as applicable, are transferred from Broward County

21  jurisdiction to the jurisdiction of the annexing municipality,

22  if any, except for those portions of Knob Hill Road, Pine

23  Island Road, and Davie Boulevard and that portion of Peters

24  Road west of the Peters Road/Davie Boulevard intersection

25  lying within the limits of the annexation area.  All rights,

26  title, interests, and responsibilities for any transferred

27  roads, including, but not limited to, the ownership,

28  operation, maintenance, planning, design, and construction of

29  such roads and to the rights-of-way associated therewith,

30  shall transfer from Broward County jurisdiction and ownership

31

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  1  to the jurisdiction and ownership of the annexing municipality

  2  upon the effective date of the annexation.

  3         Section 13.  This act shall take effect upon becoming a

  4  law.

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