HB 1393

1	A bill to be entitled
2	An act relating to Broward County; providing for extending
3	the corporate limits of the Town of Davie, the City of
4	Fort Lauderdale, or the City of Plantation; providing for
5	annexation of the unincorporated area known as Broadview
6	Park; providing for an election; providing for an
7	effective date of annexation; providing for an interlocal
8	agreement; providing for a continuation of certain Broward
9	County regulations; providing for transfer of public roads
10	and rights-of-way; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  No later than July 1, 2004, the governing body
15	of the municipalities of the Town of Davie, the City of Fort
16	Lauderdale, and the City of Plantation, after having considered
17	the effects of annexation on the residents of both the
18	"Broadview Park Area," as hereinafter described, and on the
19	respective municipality, shall inform the Broward County
20	Legislative Delegation and the Broward County Board of County
21	Commissioners of their desire to appear on the ballot as
22	provided for in this act.
23	Section 2.  The Broward County Board of County
24	Commissioners shall schedule an election in accordance with the
25	provisions of the law relating to elections currently in force
26	in Broward County on November 2, 2004. The subject of said
27	election shall be the annexation of the Broadview Park Area.
28	Only registered voters residing in the Broadview Park Area as
29	described in section 3 may vote in said election. On the ballot
30	provided for in this section shall appear the name of each
31	municipality which shall have informed the Broward County
32	Legislative Delegation that it desires to appear on the ballot
33	as provided for in section 1. The voters residing in the
34	Broadview Park Area shall, by plurality vote of the voters
35	participating in the election, choose to be annexed by one
36	municipality effective September 15, 2005. In the event only one
37	municipality shall have informed the Broward County Legislative
38	Delegation that it desires to appear on the ballot as provided
39	for in section 1, the voters residing in the Broadview Park Area
40	shall, by majority vote of the voters participating in the
41	election, choose whether to be annexed by that city on September
42	15, 2005, or September 15, 2006. A mail ballot shall not be used
43	in this election. However, voters may vote by absentee ballot as
44	provided by law.
45	Section 3.  The "Broadview Park Area" is described as:
46
47	That portion of Sections 13, 14, 23 and 24, Township
48	50 South, Range 41 East and Section 18, Township 50
49	South, Range 42 East, Broward County, Florida,
50	described as follows:
51
52	Beginning at a point on the boundary of the City of
53	Plantation established by Chapter 68-101 Laws of
54	Florida, being the Southeast corner of Tract 1, Tier
55	24, according to Newman's Survey of Section 14,
56	Township 50 South, Range 41 East, as recorded in Plat
57	Book 2, Page 26, Public Records of Dade County,
58	Florida;
59
60	thence continuing along the said boundary of the City
61	of Plantation the following 6 courses;
62
63	thence Northeasterly along the East line of said Tier
64	24, to the North line of said Section 13;
65
66	thence East along the said North line of Section 13 to
67	a point of intersection with the Northerly extension
68	of the Westerly line of Block 3, as shown by the plat
69	of LAUDERDALE HIGHLANDS as recorded in Plat Book 12,
70	at Page 37, Public Records of Broward County, Florida;
71
72	thence Southwesterly along the Westerly line of said
73	Block 3 and its Northerly extension thereof, to the
74	Southwesterly corner of Lot 11 of said Block 3;
75
76	thence Easterly along the Southerly line of said Lot
77	11 and its Easterly extension thereof, to a point of
78	intersection with the Easterly right-of-way line of
79	Highland Avenue, as shown by said plat of LAUDERDALE
80	HIGHLANDS;
81
82	thence Southwesterly along the Easterly right-of-way
83	line of said Highland Avenue to a point of
84	intersection with the South line of Block 1, as shown
85	by said plat of LAUDERDALE HIGHLANDS;
86
87	thence Easterly along the South line of said Block 1
88	and its Easterly extension thereof to a point of
89	intersection with the East right-of-way line of State
90	Road No. 7, as described in City of Fort Lauderdale
91	annexing Resolution No. 8519;
92
93	thence Southerly along the said east right-of-way line
94	to the North right-of-way line of Riverland Road and
95	the boundary of the Town of Davie as described in
96	Chapter 84-420, Laws of Florida;
97
98	thence continuing along said boundary of the Town of
99	Davie the following 10 courses;
100
101	thence Westerly along the Westerly prolongation of the
102	said North right-of-way line to the West right-of-way
103	line of State Road No. 7;
104
105	thence Southerly along said West right-of-way line to
106	a point of intersection with a line 300 feet North of
107	the Southerly line of Tract 2, Tier 4, of said
108	Newman's Survey, as measured along the said Westerly
109	right-of-way line;
110
111	thence Northwesterly to a point on the Easterly right-
112	of-way line of Southwest 41st Avenue, being 298.34
113	feet Northerly from the Southwest corner of said Tract
114	2, Tier 4;
115
116	thence Westerly to a point of intersection of the West
117	right-of-way line of Southwest 41st Avenue with the
118	North line of said Section 24;
119
120	thence Southwesterly along the said West right-of-way
121	line to the centerline of North New River Canal;
122
123	thence Southeasterly along said centerline to the
124	Westerly right-of-way line of State Road No. 7;
125
126	thence Southwesterly along said West right-of-line to
127	the South bank of the North New River Canal;
128
129	thence Northwesterly along said South bank to the
130	Northerly extension of the West line of the East One-
131	Half of Tract 1, Tier 7 of said Newman's Survey;
132
133	thence Southwesterly along said Northerly extension to
134	the Northwest corner of the said East One-Half of
135	Tract 1, Tier 7, also being on the South right-of-way
136	line of North New River Canal;
137
138	thence Northwesterly along the said Southerly right-
139	of-way line to the Easterly line of Tier 21 of said
140	Newman's Survey;
141
142	thence Northwesterly, continuing on the boundary of
143	the Town of Davie, along the said Southerly right-of-
144	way line to the intersection with the Southwesterly
145	extension of the East line of the aforesaid Tract 1,
146	Tier 24;
147
148	thence Northeasterly along said Southwesterly
149	extension to the POINT OF BEGINNING.
150
151	Section 4.  If the unincorporated area described in section
152	3 is annexed by either the Town of Davie or the City of
153	Plantation, the additional area described in section 5 shall be
154	included in the annexation.
155	Section 5.  The additional area shall be described as:
156
157	That portion of Sections 7, 8, 14, 15, 16 and 17,
158	Township 50 South, Range 41 East and Sections 2, 11
159	and 12, Township 50 South, Range 40 East, Broward
160	County, Florida, described as follows:
161
162	Beginning at a point on the boundary of the City of
163	Plantation established by Chapter 68-101, Laws of
164	Florida, being the Southeast corner of Tract 1, Tier
165	24, according to Newman's Survey of Section 14,
166	Township 50 South, Range 41 East, as recorded in Plat
167	Book 2, Page 26, Public Records of Dade County,
168	Florida;
169
170	thence Northwesterly along the North right of way line
171	of the North New River Canal and along the boundary of
172	the City of Plantation established by said Chapter 68-
173	101 and by Ordinance 1008, Ordinance 568, and
174	Ordinance 543, all as adopted by the City of
175	Plantation, to the intersection with the West line of
176	said Section 2;
177
178	thence Southerly along the said West line to the South
179	right of way line of the North New River Canal, being
180	a point on the boundary of the Town of Davie
181	established by Chapter 84-420, Laws of Florida;
182
183	thence Southeasterly along the said South right of way
184	line and along the boundary of the Town of Davie
185	established by said Chapter 84-420 and by Ordinance
186	85-97, adopted by the Town of Davie, to the
187	intersection with the Southwesterly extension of the
188	East line of Tier 24 of said Newman's Survey;
189
190	thence Northeasterly along the said Southwesterly
191	extension to the POINT OF BEGINNING.
192
193	Section 6.  An interlocal agreement shall be developed
194	between the governing bodies of Broward County and the annexing
195	municipality and executed prior to the effective date of the
196	annexation. The agreement shall address infrastructure
197	improvement programs and include a financially feasible plan for
198	transitioning county services, buildings, infrastructure,
199	waterways, and employees.
200	Section 7.  Upon annexation into the municipality, the
201	following shall govern the areas described in sections 3 and 5:
202	(1)  The present land use designations and zoning districts
203	provided for under the Broward County Comprehensive Plan and
204	Code of Ordinances of Broward County shall remain the law
205	governing the Broadview Park Area, notwithstanding the fact that
206	the Broadview Park Area is now a part of a municipality.
207	(2)  Any change of zoning districts or land use
208	designations may only be accomplished by enactment of the vote
209	of the majority of the full governing body of the municipality
210	plus one.
211	(3)  Notwithstanding subsections (1) and (2), any use,
212	building, or structure that is legally in existence at the time
213	that the Broadview Park Area becomes a part of the municipality
214	shall not be made a prohibited use by the municipality, on the
215	property of said use, for as long as the use shall continue, and
216	not be voluntarily abandoned.
217	Section 8.  Subsequent to the effective date of this act,
218	no change in land use designation or zoning shall be effective
219	within the limits of the lands subject to annexation herein
220	until the Broadview Park Area has been annexed into the
221	municipality; no annexation within the Broadview Park Area by
222	any municipality shall occur during the time period between the
223	effective date of this act and the effective date of the
224	annexation.
225	Section 9.  Subsequent to the effective date of the
226	annexation, any resident in the area to be annexed by this act
227	into the Town of Davie, the City of Fort Lauderdale, or the City
228	of Plantation shall be deemed to have met any residency
229	requirements for candidacy for municipal office.
230	Section 10.  Nothing in this chapter shall be construed to
231	affect or abrogate the rights of parties to any contracts,
232	whether the same be between Broward County and a third party or
233	between nongovernmental entities, which contracts are in effect
234	prior to the effective date of the annexation.
235	Section 11.  All public roads and the public rights-of-way
236	associated therewith, on the Broward County Road System,
237	including bridge structures 868303, 864024, 864022, 864096, and
238	864097, lying within the limits of the lands subject to
239	annexation herein, as described in either section 3 or section
240	5, are transferred from Broward County jurisdiction to the
241	jurisdiction of the annexing municipality, except for those
242	portions of Hiatus Road, Nob Hill Road, Pine Island Road, and
243	Davie Boulevard and that portion of Peters Road west of the
244	Peters Road/Davie Boulevard intersection lying within the limits
245	of the annexation area. All rights, title, interests, and
246	responsibilities for any transferred roads, including, but not
247	limited to, the ownership, operation, maintenance, planning,
248	design, and construction of said roads, and to the rights-of-way
249	associated therewith, shall transfer from Broward County
250	jurisdiction and ownership to the jurisdiction and ownership of
251	the annexing municipality upon the effective date of the
252	annexation.
253	Section 12.  This act shall take effect upon becoming a
254	law.

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