HB 1391

CS

CHAMBER ACTION

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

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