HB 1395

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, the
4	City of Lauderhill, and the City of Plantation; providing
5	for annexation of the unincorporated area known as Broward
6	Estates; 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 the transfer of public
10	roads and rights-of-way; providing for effective date.
11
12	WHEREAS, the Legislature understands that the Broward
13	Estates Area is not contiguous to either the City of Lauderdale
14	Lakes or the City of Lauderhill, and
15	WHEREAS, the Broward Estates area is part of the
16	metropolitan Broward County area and Broward County desires to
17	have all areas of unincorporated Broward County annexed into one
18	of the thirty municipalities within Broward County for municipal
19	services, and
20	WHEREAS, both the City of Lauderdale Lakes and the City of
21	Lauderhill are readily accessible to the area for municipal
22	services, NOW, THEREFORE,
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  No later than July 1, 2004, each of the
27	governing bodies for the City of Lauderdale Lakes, the City of
28	Lauderhill, and the City of Plantation, after having considered
29	the effects of annexation on the residents of both the Broward
30	Estates area, as hereinafter described, and on the respective
31	municipality shall inform the Broward County Legislative
32	Delegation and the Broward County Board of County Commissioners
33	of its desire to appear on the ballot as provided for in this
34	act.
35	Section 2.  If at least one of the municipalities subject
36	to annexation under this act informs the Broward County
37	Legislative Delegation and the Broward County Board of County
38	Commissioners that it desires to appear on the ballot as
39	provided for in section 1, the Broward County Board of County
40	Commissioners shall schedule an election on November 2, 2004, in
41	accordance with the provisions of law relating to elections
42	currently in force in Broward County. The subject of such
43	election shall be the annexation of the Broward Estates area.
44	Only registered voters residing in the Broward Estates area as
45	described in this act may vote in such election. On the ballot
46	provided for in this section shall appear the name of each
47	municipality which has informed the Broward County Legislative
48	Delegation and the Broward County Board of County Commissioners
49	that it desires to appear on the ballot as provided for in
50	section 1. The voters residing in the Broward Estates area
51	shall, by majority vote of the voters participating in the
52	election, choose one municipality for annexation. In the event
53	only one municipality shall have informed the Broward County
54	Legislative Delegation and the Broward County Board of County
55	Commissioners that it desires to appear on the ballot as
56	provided for in section 1, the voters residing in the Broward
57	Estates area shall, by majority vote of the voters participating
58	in the election, choose whether to join that municipality on
59	September 15, 2005, or September 15, 2006. A mail ballot shall
60	not be used in this election. However, voters may vote by
61	absentee ballot as provided by law.
62	Section 3.  Legal description of the Broward Estates Area:
63
64	That portion of Section 6, Township 50 South, Range 42
65	East, Broward County, Florida, described as follows:
66
67	Beginning at a point on the municipal boundary of the
68	City of  Plantation, established by Chapter 68-101,
69	Laws of Florida, being at the intersection of the
70	South line of said Section 6 with the Southerly
71	prolongation of the centerline of  NW 38th Way, as
72	shown by the plat of BROWARD ESTATES Section 2, as
73	recorded in Plat Book 34, Page 19, Public Records of
74	Broward County, Florida,
75
76	thence continuing along said municipal boundary the
77	following 10 courses;
78
79	thence North along the said Southerly prolongation of
80	the centerline of NW 38th Way to an intersection  with
81	the  North  right-of-way line of  Broward  Boulevard,
82	said  North  right-of-way line being 50 feet North of
83	and parallel to the South line of said Section 6;
84
85	thence Easterly along the said North right-of-way line
86	of  Broward Boulevard to the Southeast corner of Tract
87	E, as shown by said BROWARD ESTATES Section 2;
88
89	thence Northerly along the East line of said Tract E
90	to the Northeast corner of said Tract E;
91
92	thence Westerly along the North line of Tracts D and
93	E, as shown by said BROWARD ESTATES Section 2, and its
94	Westerly prolongation thereof to a point of
95	intersection with the centerline of NW 38th Way, as
96	shown by said BROWARD ESTATES, Section 2;
97
98	thence Northwesterly along the centerline of said NW
99	38th Way to a point of intersection with the Southerly
100	prolongation of the West line of Block 13, as shown by
101	said BROWARD ESTATES Section 2;
102
103	thence Northerly along the West line of Block 13 and
104	its Southerly prolongation thereof, to the North line
105	of said BROWARD ESTATES Section 2;
106
107	thence Westerly along the said North line of  BROWARD
108	ESTATES  Section 2 for a distance of 40 feet;
109
110	thence Northerly along a line 230 feet East of and
111	parallel to the West line of said Section 6, to the
112	Westerly prolongation of the North right-of-way line
113	of NW 5th Street, as shown by plat of GREENLEAF, as
114	recorded in Plat Book 42, at Page 9, Public Records of
115	Broward County, Florida;
116
117	thence Westerly along said Westerly prolongation for a
118	distance of 5 feet;
119
120	thence Northerly along a line 225 feet East of and
121	parallel to the West line of said Section 6 to the
122	Westerly prolongation of the North right-of-way line
123	of NW 7th Street, as shown by plat of ACADEMY AWARD
124	HOMES Section 3, as recorded in Plat Book 45, at Page
125	17 Public Records of Broward County, Florida;
126
127	thence Easterly and Southeasterly along the said North
128	right-of-way line and the Easterly prolongation
129	thereof to the Northwest corner of  lot 3, Block 5, as
130	shown by the plat of TROPICANA PARK HOMES, as recorded
131	in Plat Book 46, Page 17, Public Records of Broward
132	County, Florida;
133
134	thence East along the North line of said Lot 3 to the
135	Northeast corner thereof;
136
137	thence East to the Northwest corner of Lot 6, Block
138	27, as shown by the plat of NEW BROWARDALE, as
139	recorded in Plat Book 47, Page 14, Public Records of
140	Broward County, Florida;
141
142	thence East along the North line of said Lot 6 to the
143	Northeast corner thereof being on the West right-of-
144	way line of NW 34th Terrace, as shown by said plat of
145	NEW BROWARDALE;
146
147	thence North along the said West right-of-way line to
148	the point of curvature of a curve concave to the
149	Southeast, having a radius of 85 feet;
150
151	thence North through East along said curve to the
152	point of tangency with the North right-of-way line of
153	NW 7th Street, as shown by said plat of NEW BROWARDALE;
154
155	thence East along the said North right-of-way line and
156	the Easterly prolongation thereof to the centerline of
157	NW 34th Avenue;
158
159	thence East along the North right-of-way line of NW 7th
160	Street and the Westerly prolongation thereof, to the
161	point of curvature of a curve concave to the
162	Northwest, having a radius of 25 feet;
163
164	thence East through North along the arc of said curve
165	to the point of tangency with the West right-of-way
166	line of NW 33rd Terrace, as shown by BROWARDALE 2ND
167	ADDITION AMENDED PLAT, as recorded in Plat Book 47,
168	Page 23, Public Records of Broward County, Florida;
169
170	thence East to the Northwest corner of Lot 1, Block
171	32, as shown by the said BROWARDALE 2ND ADDITION
172	AMENDED PLAT;
173
174	thence East along the North line of said Lot 1 to the
175	Northeast corner thereof;
176
177	thence Easterly to the Northwest corner of Lot 16,
178	Block 31, as shown by the said BROWARDALE 2ND ADDITION
179	AMENDED PLAT;
180
181	thence East along the North line of said Lot 16 to the
182	Northeast corner thereof;
183
184	thence East to the Northwest corner of Lot 16, Block
185	30, as shown by said BROWARDALE 2ND ADDITION AMENDED
186	PLAT;
187
188	thence East along the North line of said Lot 16, Block
189	30 to the Northeast corner thereof;
190
191	thence South along the East line of said Lot 16, Block
192	30 to a point of intersection with the North line of
193	the Southeast One-Quarter (SE 1/4), of the Southeast
194	One-Quarter (SE 1/4), of the Northeast One-Quarter (NE
195	1/4) of said Section 6;
196
197	thence East along said North line to the East line of
198	said Section 6;
199
200	thence South along said  East line to the North right-
201	of-way line of West Broward Boulevard and the boundary
202	of the City of Fort Lauderdale as described in Chapter
203	69-1057, Laws of Florida;
204
205	thence continuing along said municipal boundary the
206	following 2 courses;
207
208	thence West along said North right-of-way line to the
209	Northerly extension of the West right-of-way line of
210	SW 31st Avenue;
211
212	thence South along said Northerly extension to a point
213	on the South line of said Section 6, said point being
214	on the municipal boundary of the City of Fort
215	Lauderdale, as established by Chapter 2001-291, Laws
216	of Florida;
217
218	thence West along said South line and municipal
219	boundary to the POINT OF BEGINNING.
220	Section 4.  The Broward County Board of County
221	Commissioners shall schedule an election in accordance with the
222	provisions of the law relating to elections currently in force
223	in Broward County on November 2, 2004. The subject of said
224	election shall be the annexation of the area described in
225	section 3 commonly known as the Broward Estates area. Only
226	registered voters residing in the Broward Estates area as
227	described in this act may vote in said election. On the ballot
228	provided for in this section shall appear the name of each
229	municipality which shall have informed the Broward County
230	Legislative Delegation that it desires to appear on the ballot
231	as provided for in section 1. The voters residing in the Broward
232	Estates area shall, by plurality vote of the voters
233	participating in the election, choose one municipality for
234	annexation.
235	Section 5.  Upon a plurality of the registered voters
236	voting in the referendum as provided in section 4 for annexation
237	into the City of Lauderdale Lakes, the City of Lauderhill, or
238	the City of Plantation, the area described in this act shall be
239	deemed part of said municipality on September 15, 2005, pursuant
240	to section 171.062, Florida Statutes, except as provided for in
241	this act.
242	Section 6.  An interlocal agreement shall be developed
243	between the governing bodies of Broward County and the City of
244	Lauderdale Lakes, the City of Lauderhill, and the City of
245	Plantation and executed prior to the effective date of the
246	annexation as provided for in section 5. The agreement shall
247	address infrastructure improvement projects and include a
248	financially feasible plan for transitioning county services,
249	buildings, infrastructure, waterways, and employees.
250	Section 7.  The Board of County Commissioners of Broward
251	County is hereby authorized to set the election provided for in
252	section 4 by general election for the time period provided in
253	this act at the cost of Broward County. A mail ballot shall not
254	be used for any election provided for in this act. However,
255	voters may vote by absentee ballot as provided by law.
256	Section 8.  Upon annexation into the City of Lauderdale
257	Lakes, the City of Lauderhill, or the City of Plantation, the
258	following shall govern the areas described in section 3:
259	(1)  The present land use designations and zoning districts
260	provided for under the Broward County Comprehensive Plan and
261	Code of Ordinances of Broward County shall remain the law
262	governing the Broward Estates area, notwithstanding the fact
263	that the Broward Estates area is now a part of a municipality,
264	until amended by majority vote plus one of the governing body of
265	the municipality. The land use designations and zoning of
266	Broward County shall be deemed the conforming laws of the
267	municipality which the Broward Estates area is now a part, until
268	amended by majority vote plus one of the governing body of the
269	municipality.
270	(2)  Any change of zoning districts or land use
271	designations may only be accomplished by enactment of the vote
272	of the majority of the full governing body of the municipality
273	plus one.
274	(3)  Notwithstanding subsections (1) and (2), any use,
275	building, or structure that is legally in existence at the time
276	that the Broward Estates area becomes a part of the
277	municipality, said use shall not be made a prohibited use by the
278	municipality, on the property of said use, for as long as the
279	use shall continue, and not be voluntarily abandoned.
280	Section 9.  Subsequent to the effective date of this act,
281	no change in land use designation or zoning shall be effective
282	within the limits of the lands subject to annexation herein
283	until the Broward Estates area has been annexed; no annexation
284	within the Broward Estates area by any municipality shall occur
285	during the time period between the effective date of this act
286	and the effective date of the annexation.
287	Section 10.  Subsequent to the effective date of the
288	annexation, any resident in the area to be annexed by this act
289	into the City of Lauderdale Lakes, the City of Lauderhill, or
290	the City of Plantation shall be deemed to have met any residency
291	requirements for candidacy.
292	Section 11.  Nothing in this chapter shall be construed to
293	affect or abrogate the rights of parties to any contracts,
294	whether the same be between Broward County and a third party or
295	between nongovernmental entities, which contracts are in effect
296	prior to the effective date of the annexation.
297	Section 12.  All public roads and the public rights-of-way
298	associated therewith on the Broward County Road System, lying
299	within the limits of the lands subject to annexation herein, as
300	described in section 3, are transferred from Broward County
301	jurisdiction to the jurisdiction of the annexing municipality,
302	except for those portions of Martin Luther King, Jr. Avenue (NW
303	31 Avenue) lying within the limits of the annexation area. All
304	rights, title, interests, and responsibilities for any
305	transferred roads, including, but not limited to, the ownership,
306	operation, maintenance, planning, design, and construction of
307	said roads and to the rights-of-way associated therewith shall
308	transfer from Broward County jurisdiction and ownership to the
309	jurisdiction and ownership of the annexing municipality upon the
310	effective date of the annexation.
311	Section 13.  This act shall take effect upon becoming a
312	law.

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