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 informs
33	the Broward County Legislative Delegation and the Broward County
34	Board of County Commissioners that it desires to appear on the
35	ballot as provided for in section 1, the Broward County Board of
36	County Commissioners shall schedule an election on November 2,
37	2004, in accordance with the provisions of law relating to
38	elections currently in force in Broward County. The subject of
39	such election shall be the annexation of the Boulevard Gardens
40	area. Only registered voters residing in the Boulevard Gardens
41	area as described in this act may vote in such election. On the
42	ballot provided for in this section shall appear the name of
43	each municipality which shall have informed the Broward County
44	Legislative Delegation and the Broward County Board of County
45	Commissioners that it desires to appear on the ballot as
46	provided for in section 1. The voters residing in the Boulevard
47	Gardens area shall, by majority vote of the voters participating
48	in the election, choose to be annexed by one municipality
49	effective September 15, 2005. In the event only one municipality
50	shall have informed the Broward County Legislative Delegation
51	and the Broward County Board of County Commissioners that it
52	desires to appear on the ballot as provided for in section 1,
53	the voters residing in the Boulevard Gardens area shall, by
54	majority vote of the voters participating in the election,
55	choose whether to join that municipality on September 15, 2005,
56	or September 15, 2006. A mail ballot shall not be used in this
57	election. However, voters may vote by absentee ballot as
58	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.  An interlocal agreement shall be developed
134	between the governing bodies of Broward County and the annexing
135	municipality and executed prior to the effective date of the
136	annexation as provided for in section 2. The agreement shall
137	address infrastructure improvement projects and include a
138	financially feasible plan for transitioning county services,
139	buildings, infrastructure, waterways, and employees.
140	Section 5.  Upon annexation into the municipality, the
141	following shall govern the areas described in section 3:
142	(1)  The present land use designations and zoning districts
143	provided for under the Broward County Comprehensive Plan and
144	Code of Ordinances of Broward County shall remain the law
145	governing the Boulevard Gardens area, notwithstanding the fact
146	that the Boulevard Gardens area is now a part of a municipality.
147	(2)  Any change of zoning districts or land use
148	designations may only be accomplished by enactment of the vote
149	of the majority of the full governing body of the municipality
150	plus one.
151	(3)  Notwithstanding subsections (1) and (2), any use,
152	building, or structure that is legally in existence at the time
153	that the Boulevard Gardens area becomes a part of the
154	municipality shall not be made a prohibited use by the
155	municipality, on the property of said use, for as long as the
156	use shall continue, and not be voluntarily abandoned.
157	Section 6.  Subsequent to the effective date of this act,
158	no change in land use designation or zoning shall be effective
159	within the limits of the lands subject to annexation herein
160	until the Boulevard Gardens area has been annexed into the
161	municipality; no annexation within the Boulevard Gardens area by
162	any municipality shall occur during the time period between the
163	effective date of this act and the effective date of the
164	annexation.
165	Section 7.  Subsequent to the effective date of the
166	annexation, any resident in the area to be annexed by this act
167	into the City of Lauderdale Lakes or the City of Lauderhill
168	shall be deemed to have met any residency requirements for
169	candidacy for any municipal office.
170	Section 8.  Nothing in this chapter shall be construed to
171	affect or abrogate the rights of parties to any contracts,
172	whether the same be between Broward County and a third party or
173	between nongovernmental entities, which contracts are in effect
174	prior to the effective date of the annexation.
175	Section 9.  All public roads, including bridge 860179, and
176	the public rights-of-way associated therewith, on the Broward
177	County Road System, lying within the limits of the lands subject
178	to annexation herein, as described in section 3, are transferred
179	from Broward County jurisdiction to the jurisdiction of the
180	annexing municipality, except for those portions of NW 31 Avenue
181	and NW 27 Avenue. All rights, title, interests, and
182	responsibilities for any transferred roads, including, but not
183	limited to, the ownership, operation, maintenance, planning,
184	design, and construction of said roads and to the rights-of-way
185	associated therewith shall transfer from Broward County
186	jurisdiction and ownership to the jurisdiction and ownership of
187	the annexing municipality upon the effective date of the
188	annexation.
189	Section 10.  This act shall take effect upon becoming a
190	law.

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