HB 1397

1
A bill to be entitled
2An act relating to Broward County; providing for extending
3the corporate limits of the City of Lauderdale Lakes or
4the City of Lauderhill; providing for annexation of the
5unincorporated area known as St. George; providing for an
6election; providing an effective date of annexation;
7providing for an interlocal agreement; providing for a
8continuation of certain Broward County regulations;
9providing for the continuation of certain rights;
10providing for the transfer of public roads and rights-of-
11way; providing an effective date.
12
13     WHEREAS, it is the understanding of the Legislature that
14the St. George Area is not contiguous to the City of Lauderdale
15Lakes but is a part of the metropolitan Broward County area, and
16     WHEREAS, it is the further understanding of the Legislature
17that, for purposes related to municipal services, Broward County
18desires to have all of its unincorporated areas annexed into one
19of the 30 municipalities within Broward County and that the City
20of Lauderdale Lakes is readily accessible to the St. George Area
21for municipal services, NOW, THEREFORE,
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  No later than July 1, 2004, the governing
26bodies of the City of Lauderdale Lakes and the City of
27Lauderhill, after having considered the effects of annexation on
28the residents of both the St. George Area, as hereinafter
29described, and the respective municipality, shall inform the
30Broward County Legislative Delegation and the Broward County
31Board of County Commissioners as to their desire to appear on
32the ballot as provided for in this act.
33     Section 2.  If at least one of the municipalities subject
34to annexation under this act informs the Broward County
35Legislative Delegation and the Broward County Board of County
36Commissioners that it desires to appear on the ballot as
37provided for in section 1, the Broward County Board of County
38Commissioners shall schedule an election on November 2, 2004, in
39accordance with the provisions of law relating to elections
40currently in force in Broward County. The subject of such
41election shall be the annexation of the St. George Area. Only
42registered voters residing in the St. George Area as described
43in this act may vote in such election. On the ballot provided
44for in this section shall appear the name of each municipality
45which shall have informed the Broward County Legislative
46Delegation and the Broward County Board of County Commissioners
47that it desires to appear on the ballot as provided for in
48section 1. The voters residing in the St. George Area shall, by
49majority vote of the voters participating in the election,
50choose one municipality for annexation. In the event only one
51municipality shall have informed the Broward County Legislative
52Delegation and the Broward County Board of County Commissioners
53that it desires to appear on the ballot as provided for in
54section 1, the voters residing in the St. George Area shall, by
55majority vote of the voters participating in the election,
56choose whether to join that municipality on September 15, 2005,
57or September 15, 2006. A mail ballot shall not be used in this
58election; however, voters may vote by absentee ballot as
59provided by law.
60     Section 3.  The legal description of the St. George Area is
61as follows:
62
63That portion of Section 6, Township 50 South, Range 42
64East, Broward County, Florida, described as follows:
65
66BEGIN at a point of intersection of a line 225 feet
67East of and parallel with the West line of said
68Section 6 and the Westerly prolongation of the North
69right-of-way line of NW 7 Street, as shown by the plat
70of ACADEMY AWARD HOMES SECTION 3, as recorded in Plat
71Book 45, Page 17, of the Public Records of Broward
72County, Florida;
73
74thence Easterly and Southeasterly along said  North
75right-of-way line and the Easterly prolongation
76thereof to the Northwest corner of lot 3, Block 5, as
77shown by the plat of TROPICANA PARK HOMES, as recorded
78in Plat Book 46, Page 17, Public Records of Broward
79County, Florida;
80
81thence East along the North line of said Lot 3 to the
82Northeast corner thereof;
83
84thence East to the Northwest corner of Lot 6, Block
8527, as shown by the plat of NEW BROWARDALE, as
86recorded in Plat Book 47, Page 14, Public Records of
87Broward County, Florida;
88
89thence East along the North line of said Lot 6 to the
90Northeast corner thereof being on the West right-of-
91way line of NW 34th Terrace, as shown by said plat of
92NEW BROWARDALE;
93
94thence North along the said West right-of-way line to
95the point of curvature of a curve concave to the
96Southeast, having a radius of 85 feet;
97
98thence North through East along said curve to the
99point of tangency with the North right-of-way line of
100NW 7th Street, as shown by said plat of NEW BROWARDALE;
101
102thence East along the said North right-of-way line and
103the Easterly prolongation thereof to the centerline of
104NW 34th Avenue;
105
106thence East along the North right-of-way line of NW 7th
107Street and the Westerly prolongation thereof, to the
108point of curvature of a curve concave to the
109Northwest, having a radius of 25 feet;
110
111thence East through North along the arc of said curve
112to the point of tangency with the West right-of-way
113line of NW AMENDED PLAT, as recorded in Plat Book 47,
114Page 23, Public Records of Broward County, Florida;
115
116thence East to the Northwest corner of Lot 1, Block
11732, as shown by the said BROWARDALE 2ND ADDITION
118AMENDED PLAT;
119
120thence East along the North line of said Lot 1 to the
121Northeast corner thereof;
122
123thence Northeasterly to the Northwest corner of Lot
12416, Block 31, as shown by the said BROWARDALE 2ND
125ADDITION AMENDED PLAT;
126
127thence East along the North line of said Lot 16 to the
128Northeast corner thereof;
129
130thence East to the Northwest corner of Lot 16, Block
13130, as shown by said BROWARDALE 2ND ADDITION AMENDED
132PLAT;
133
134thence East along the North line of said Lot 16, Block
13530 to the Northeast corner thereof;
136
137thence South along the East line of said Lot 16, Block
13830 to a point of intersection with the North line of
139the Southeast One-Quarter (SE 1/4), of the Southeast
140One-Quarter (SE 1/4), of the Northeast One-Quarter (NE
1411/4) of said Section 6;
142
143thence East along said North line to the East line of
144said Section 6;
145
146thence Northerly along said East line to the North
147line of said Section 6;
148
149thence West along said North line to the Northeast
150corner of the Northwest One-Quarter (NW 1/4), of the
151Northeast One-Quarter (NE 1/4), of the Northwest One-
152Quarter (NW 1/4), of said Section 6, said point also
153being on the municipal boundary of the City of
154Lauderhill, as established by Ordinance 80 of the City
155of Lauderhill;
156
157thence continue West along said North line and said
158municipal boundary and along the municipal boundary of
159the City of Lauderhill, as established by Chapter 65-
1601812, Laws of Florida, to a line 302 feet East of and
161parallel with the West line of said Section 6, said
162point being on the municipal boundary of the City of
163Plantation, established by Chapter 68-101, Laws of
164Florida;
165
166thence continuing along said municipal boundary the
167following 4 courses;
168
169thence South along said parallel line to the North
170right-of-way line of NW 8 Place, as shown by the plat
171of PLAZA ESTATES, as recorded in Plat Book 46, Page
17245, of the Public Records of Broward County, Florida;
173
174thence Westerly along said North right-of-way line for
175a distance of 82 feet to a point on a line 220 feet
176East of and parallel with the West line of said
177Section 6;
178
179thence South along said parallel line to the Westerly
180prolongation of the North right-of-way line of NW 7
181Street, as shown by said plat of ACADEMY AWARD HOMES
182SECTION 3;
183
184thence Easterly, along said Westerly prolongation and
185North right-of-way line, to the POINT OF BEGINNING.
186
187     Section 4.  The Broward County Board of County
188Commissioners shall schedule an election in accordance with the
189provisions of law relating to elections currently in force in
190Broward County on November 2, 2004. The subject of said election
191shall be the annexation of the St. George Area. Only registered
192voters residing in the St. George Area as described in this act
193may vote in said election. On the ballot provided for in this
194section shall appear the name of each municipality which shall
195have informed the Broward County Legislative Delegation that it
196desires to appear on the ballot as provided for in section 1.
197The voters residing in the St. George Area shall, by majority
198vote of the voters participating in the election, choose one
199municipality for annexation. A mail ballot shall not be used in
200this election; however, voters may vote by absentee ballot as
201provided by law.
202     Section 5.  Upon a majority of the registered voters
203residing in the St. George Area voting for annexation into the
204City of Lauderdale Lakes or the City of Lauderhill, the St.
205George Area, as described in section 3, shall be deemed a part
206of said municipality on September 15, 2005, pursuant to section
207171.062, Florida Statutes, except as provided in this act.
208     Section 6.  An interlocal agreement shall be developed
209between the governing bodies of Broward County and the annexing
210municipality and executed prior to the effective date of the
211annexation as provided in section 5. The agreement shall address
212infrastructure improvement projects and include a financially
213feasible plan for transitioning county services, buildings,
214infrastructure, waterways, and employees.
215     Section 7.  The Board of County Commissioners of Broward
216County is hereby authorized to set the election provided for in
217section 4 by general election for the time period provided in
218this act at the cost of Broward County. A mail ballot shall not
219be used for any election provided for in this act; however,
220voters may vote by absentee ballot as provided by law.
221     Section 8.  Upon annexation into the municipality, the
222following shall govern the areas described in section 3:
223     (1)  The present land use designations and zoning districts
224provided for under the Broward County Comprehensive Plan and
225Code of Ordinances of Broward County shall remain the law
226governing the St. George Area, notwithstanding the fact that the
227St. George Area is now a part of a municipality. The land use
228designations and zoning of Broward County shall be deemed the
229conforming laws of the municipality of which the St. George Area
230is now a part.
231     (2)  Any change of zoning districts or land use
232designations may only be accomplished by enactment of the vote
233of the majority of the full governing body of the municipality
234plus one.
235     (3)  Notwithstanding subsections (1) and (2), any use,
236building, or structure that is legally in existence at the time
237the St. George Area becomes a part of the municipality, said use
238shall not be made a prohibited use by the municipality, on the
239property of said use, for as long as the use continues and is
240not voluntarily abandoned.
241     Section 9.  Subsequent to the effective date of this act,
242no change in land use designation or zoning shall be effective
243within the limits of the lands subject to annexation herein
244until the St. George Area has been annexed into the
245municipality; and no annexation within the St. George Area by
246any municipality shall occur during the time period between the
247effective date of this act and the effective date of the
248annexation.
249     Section 10.  Subsequent to the effective date of the
250annexation, any resident in the area to be annexed by this act
251into the City of Lauderdale Lakes or the City of Lauderhill
252shall be deemed to have met any residency requirements for
253candidacy.
254     Section 11.  Nothing in this chapter shall be construed to
255affect or abrogate the rights of parties to any contracts,
256whether the same be between Broward County and a third party or
257between nongovernmental entities, which contracts are in effect
258prior to the effective date of the annexation.
259     Section 12.  All public roads, including bridge 864107, and
260the public rights-of-way associated therewith on the Broward
261County Road System lying within the limits of the lands subject
262to annexation herein, as described in section 3, except NW 31
263Avenue, are transferred from Broward County jurisdiction to the
264jurisdiction of the annexing municipality. All rights, title,
265interests, and responsibilities for any transferred roads,
266including, but not limited to, the ownership, operation,
267maintenance, planning, design, and construction of said roads
268and the rights-of-way associated therewith, shall transfer from
269Broward County jurisdiction and ownership to the jurisdiction
270and ownership of the annexing municipality upon the effective
271date of the annexation.
272     Section 13.  This act shall take effect upon becoming a
273law.


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