HB 1395

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

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