HB 1391

1	A bill to be entitled
2	An act relating to Broward County; providing for extending
3	the corporate limits of the City of Lauderdale Lakes or
4	the City of Lauderhill; providing for annexation of the
5	unincorporated area known as Boulevard Gardens; providing
6	for an election; providing for an effective date of
7	annexation; providing for an interlocal agreement;
8	providing for a continuation of certain Broward County
9	regulations; providing for the transfer of public roads
10	and rights-of-way; providing an effective date.
11
12	WHEREAS, the Legislature understands that the Boulevard
13	Gardens area is not contiguous to either the City of Lauderdale
14	Lakes or the City of Lauderhill but that the Boulevard Gardens
15	area is part of the metropolitan Broward County area and that
16	Broward County desires to have all areas of unincorporated
17	Broward County annexed into one of the 30 municipalities within
18	Broward County for municipal services and that both the City of
19	Lauderdale Lakes and the City of Lauderhill are readily
20	accessible to the area for municipal services, NOW, THEREFORE,
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  No later than July 1, 2004, the governing
25	bodies of the municipalities of the City of Lauderdale Lakes and
26	the City of Lauderhill, after having considered the effects of
27	annexation on the residents of both the Boulevard Gardens area,
28	as hereinafter described, and on the respective municipality,
29	shall inform the Broward County Legislative Delegation and the
30	Broward County Board of County Commissioners of their desire to
31	appear on the ballot as provided for in this act.
32	Section 2.  If at least one of the municipalities subject
33	to annexation under this act informs the Broward County
34	Legislative Delegation and the Broward County Board of County
35	Commissioners that it desires to appear on the ballot as
36	provided for in section 1, the Broward County Board of County
37	Commissioners shall schedule an election on November 2, 2004, in
38	accordance with the provisions of law relating to elections
39	currently in force in Broward County. The subject of such
40	election shall be the annexation of the Boulevard Gardens area.
41	Only registered voters residing in the Boulevard Gardens area as
42	described in this act may vote in such election. On the ballot
43	provided for in this section shall appear the name of each
44	municipality which shall have informed the Broward County
45	Legislative Delegation and the Broward County Board of County
46	Commissioners that it desires to appear on the ballot as
47	provided for in section 1. The voters residing in the Boulevard
48	Gardens area shall, by majority vote of the voters participating
49	in the election, choose one municipality for annexation. In the
50	event only one municipality shall have informed the Broward
51	County Legislative Delegation and the Broward County Board of
52	County Commissioners that it desires to appear on the ballot as
53	provided for in section 1, the voters residing in the Boulevard
54	Gardens area shall, by majority vote of the voters participating
55	in the election, choose whether to join that municipality on
56	September 15, 2005, or September 15, 2006. A mail ballot shall
57	not be used in this election. However, voters may vote by
58	absentee ballot as provided by law.
59	Section 3.  The legal description of the Boulevard Gardens
60	area is as follows:
61
62	That portion of Section 5, Township 50 South, Range 42
63	East,  Broward County, Florida, described as follows:
64
65	Begin at the Northwest corner of the Southwest One-
66	Quarter (SW 1/4) of said Section 5; thence Easterly
67	along the North line of said Southwest One-Quarter (SW
68	1/4) to the Northwest corner of the Southeast One-
69	Quarter (SE 1/4) of said Section 5;
70
71	thence Easterly along the North line of said Southeast
72	One-Quarter (SE 1/4) to a point of intersection with
73	the West line of the East One-Half (E () of the East
74	One-Half (E () of said Section 5, also being a point
75	on the municipal boundary of the City of Fort
76	Lauderdale, as established by Chapter 69-1057, Laws of
77	Florida;
78
79	thence Southerly along said West line and said
80	municipal boundary to the point of intersection with
81	the North line of  THE  R.E.B.  PLAT, as recorded in
82	Plat  Book 74, Page 43, of the Public Records of
83	Broward County, Florida, said point being on the
84	municipal boundary of the City of Fort Lauderdale, as
85	established by Ordinance C-75-41 of the City of Fort
86	Lauderdale;
87
88	thence continuing along said municipal boundary the
89	following 3 courses;
90
91	thence Westerly along said North line for a distance
92	of 608.50 feet to the P.R.M. (Permanent Reference
93	Monument) at the Northwest corner of said THE  R.E.B.
94	PLAT;
95
96	thence Southeasterly along the arc of a curve to the
97	right, having a radius of 308.16 feet, a central angle
98	of 90(20'30", for an arc distance of 485.89 feet to the
99	P.R.M. at the point of tangency;
100
101	thence Southerly along the West line of said THE
102	R.E.B.  PLAT for a distance of 40.00 feet to the
103	P.R.M. at the Southwest corner of said plat, said
104	point being on the municipal boundary of the City of
105	Fort Lauderdale, as established by Ordinance C-00-72
106	of the City of Fort Lauderdale;
107
108	thence continuing along said municipal boundary the
109	following 3 courses;
110
111	thence Southerly along the Easterly right-of-way line
112	of  NW 25  Avenue, a  50 foot  wide Road  right of
113	way, to the North line of the South 250 feet of the
114	Southeast One-Quarter (SE 1/4) of said Section 5;
115
116	thence Easterly along said North line to the East line
117	of the West 100 feet of the East 820.76 feet of the
118	West 1,860.75 feet of said Southeast One-Quarter (SE
119	1/4);
120
121	thence Southerly along said East line to the North
122	right-of-way line of Broward Boulevard;
123
124	thence Westerly along said North right-of-way line and
125	along the municipal boundary of the City of Fort
126	Lauderdale, as established by Chapter 69-1057, Laws of
127	Florida, to the West line of the Southwest One-Quarter
128	(SW 1/4) of said Section 5;
129
130	thence Northerly along said West line to the POINT OF
131	BEGINNING.
132
133	Section 4.  The Broward County Board of County
134	Commissioners shall schedule an election in accordance with the
135	provisions of the law relating to elections currently in force
136	in Broward County on November 2, 2004. The subject of said
137	election shall be the annexation of the Boulevard Gardens area
138	into the City of Lauderdale Lakes or the City of Lauderhill.
139	Only registered voters residing in the Boulevard Gardens area as
140	described in this act may vote in said election. On the ballot
141	provided for in this section shall appear the name of each
142	municipality which shall have informed the Broward County
143	Legislative Delegation that it desires to appear on the ballot
144	as provided for in section 1. The voters residing in the
145	Boulevard Gardens area shall, by majority vote of the voters
146	participating in the election, choose one municipality for
147	annexation. A mail ballot shall not be used in this election.
148	However, voters may vote by absentee ballot as provided by law.
149	Section 5.  Upon a majority of the registered voters voting
150	in the election as provided for in section 4 for annexation into
151	the City of Lauderdale Lakes or the City of Lauderhill, the
152	Boulevard Gardens area described in section 3 shall be deemed a
153	part of said municipality on September 15, 2005, or September
154	15, 2006, pursuant to section 171.062, Florida Statutes, except
155	as provided for in this act.
156	Section 6.  An interlocal agreement shall be developed
157	between the governing bodies of Broward County and the annexing
158	municipality and executed prior to the effective date of the
159	annexation as provided for in section 5. The agreement shall
160	address infrastructure improvement projects and include a
161	financially feasible plan for transitioning county services,
162	buildings, infrastructure, waterways, and employees.
163	Section 7.  The Board of County Commissioners of Broward
164	County is hereby authorized to set the election provided for in
165	section 4 by general election for the time period provided in
166	this act at the cost of Broward County. A mail ballot shall not
167	be used for any election provided for in this act. However,
168	voters may vote by absentee ballot as provided by law.
169	Section 8.  Upon annexation into the municipality, the
170	following shall govern the areas described in section 3:
171	(1)  The present land use designations and zoning districts
172	provided for under the Broward County Comprehensive Plan and
173	Code of Ordinances of Broward County shall remain the law
174	governing the Boulevard Gardens area, notwithstanding the fact
175	that the Boulevard Gardens area is now a part of a municipality.
176	The land use designations and zoning of Broward County shall be
177	deemed the conforming laws of the municipality of which the
178	Boulevard Gardens area is now a part.
179	(2)  Any change of zoning districts or land use
180	designations may only be accomplished by enactment of the vote
181	of the majority of the full governing body of the municipality
182	plus one.
183	(3)  Notwithstanding subsections (1) and (2), any use,
184	building, or structure that is legally in existence at the time
185	that the Boulevard Gardens area becomes a part of the
186	municipality shall not be made a prohibited use by the
187	municipality, on the property of said use, for as long as the
188	use shall continue, and not be voluntarily abandoned.
189	Section 9.  Subsequent to the effective date of this act,
190	no change in land use designation or zoning shall be effective
191	within the limits of the lands subject to annexation herein
192	until the Boulevard Gardens area has been annexed into the
193	municipality; no annexation within the Boulevard Gardens area by
194	any municipality shall occur during the time period between the
195	effective date of this act and the effective date of the
196	annexation.
197	Section 10.  Subsequent to the effective date of the
198	annexation, any resident in the area to be annexed by this act
199	into the City of Lauderdale Lakes or the City of Lauderhill
200	shall be deemed to have met any residency requirements for
201	candidacy for any municipal office.
202	Section 11.  Nothing in this chapter shall be construed to
203	affect or abrogate the rights of parties to any contracts,
204	whether the same be between Broward County and a third party or
205	between nongovernmental entities, which contracts are in effect
206	prior to the effective date of the annexation.
207	Section 12.  All public roads, including bridge 860179, and
208	the public rights-of-way associated therewith, on the Broward
209	County Road System, lying within the limits of the lands subject
210	to annexation herein, as described in section 3, are transferred
211	from Broward County jurisdiction to the jurisdiction of the
212	annexing municipality, except for those portions of NW 31 Avenue
213	and NW 27 Avenue. All rights, title, interests, and
214	responsibilities for any transferred roads, including, but not
215	limited to, the ownership, operation, maintenance, planning,
216	design, and construction of said roads and to the rights-of-way
217	associated therewith shall transfer from Broward County
218	jurisdiction and ownership to the jurisdiction and ownership of
219	the annexing municipality upon the effective date of the
220	annexation.
221	Section 13.  This act shall take effect upon becoming a
222	law.

CODING: Words stricken are deletions; words underlined are additions.