| 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 St. George; providing for an |
| 6 | election; providing an effective date of annexation; |
| 7 | providing for an interlocal agreement; providing for a |
| 8 | continuation of certain Broward County regulations; |
| 9 | providing for the continuation of certain rights; |
| 10 | providing for the transfer of public roads and rights-of- |
| 11 | way; providing an effective date. |
| 12 |
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| 13 | WHEREAS, it is the understanding of the Legislature that |
| 14 | the St. George Area is not contiguous to the City of Lauderdale |
| 15 | Lakes but is a part of the metropolitan Broward County area, and |
| 16 | WHEREAS, it is the further understanding of the Legislature |
| 17 | that, for purposes related to municipal services, Broward County |
| 18 | desires to have all of its unincorporated areas annexed into one |
| 19 | of the 30 municipalities within Broward County and that the City |
| 20 | of Lauderdale Lakes is readily accessible to the St. George Area |
| 21 | for municipal services, NOW, THEREFORE, |
| 22 |
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| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
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| 25 | Section 1. No later than July 1, 2004, the governing |
| 26 | bodies of the City of Lauderdale Lakes and the City of |
| 27 | Lauderhill, after having considered the effects of annexation on |
| 28 | the residents of both the St. George Area, as hereinafter |
| 29 | described, and the respective municipality, shall inform the |
| 30 | Broward County Legislative Delegation and the Broward County |
| 31 | Board of County Commissioners as to their desire to appear on |
| 32 | the ballot as provided for in this act. |
| 33 | Section 2. If at least one of the municipalities subject |
| 34 | to annexation under this act informs the Broward County |
| 35 | Legislative Delegation and the Broward County Board of County |
| 36 | Commissioners that it desires to appear on the ballot as |
| 37 | provided for in section 1, the Broward County Board of County |
| 38 | Commissioners shall schedule an election on November 2, 2004, in |
| 39 | accordance with the provisions of law relating to elections |
| 40 | currently in force in Broward County. The subject of such |
| 41 | election shall be the annexation of the St. George Area. Only |
| 42 | registered voters residing in the St. George Area as described |
| 43 | in this act may vote in such election. On the ballot provided |
| 44 | for in this section shall appear the name of each municipality |
| 45 | which shall have informed the Broward County Legislative |
| 46 | Delegation and the Broward County Board of County Commissioners |
| 47 | that it desires to appear on the ballot as provided for in |
| 48 | section 1. The voters residing in the St. George Area shall, by |
| 49 | majority vote of the voters participating in the election, |
| 50 | choose one municipality for annexation. In the event only one |
| 51 | municipality shall have informed the Broward County Legislative |
| 52 | Delegation and the Broward County Board of County Commissioners |
| 53 | that it desires to appear on the ballot as provided for in |
| 54 | section 1, the voters residing in the St. George Area shall, by |
| 55 | majority vote of the voters participating in the election, |
| 56 | choose whether to join that municipality on September 15, 2005, |
| 57 | or September 15, 2006. A mail ballot shall not be used in this |
| 58 | election; however, voters may vote by absentee ballot as |
| 59 | provided by law. |
| 60 | Section 3. The legal description of the St. George Area is |
| 61 | as follows: |
| 62 |
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| 63 | That portion of Section 6, Township 50 South, Range 42 |
| 64 | East, Broward County, Florida, described as follows: |
| 65 |
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| 66 | BEGIN at a point of intersection of a line 225 feet |
| 67 | East of and parallel with the West line of said |
| 68 | Section 6 and the Westerly prolongation of the North |
| 69 | right-of-way line of NW 7 Street, as shown by the plat |
| 70 | of ACADEMY AWARD HOMES SECTION 3, as recorded in Plat |
| 71 | Book 45, Page 17, of the Public Records of Broward |
| 72 | County, Florida; |
| 73 |
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| 74 | thence Easterly and Southeasterly along said North |
| 75 | right-of-way line and the Easterly prolongation |
| 76 | thereof to the Northwest corner of lot 3, Block 5, as |
| 77 | shown by the plat of TROPICANA PARK HOMES, as recorded |
| 78 | in Plat Book 46, Page 17, Public Records of Broward |
| 79 | County, Florida; |
| 80 |
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| 81 | thence East along the North line of said Lot 3 to the |
| 82 | Northeast corner thereof; |
| 83 |
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| 84 | thence East to the Northwest corner of Lot 6, Block |
| 85 | 27, as shown by the plat of NEW BROWARDALE, as |
| 86 | recorded in Plat Book 47, Page 14, Public Records of |
| 87 | Broward County, Florida; |
| 88 |
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| 89 | thence East along the North line of said Lot 6 to the |
| 90 | Northeast corner thereof being on the West right-of- |
| 91 | way line of NW 34th Terrace, as shown by said plat of |
| 92 | NEW BROWARDALE; |
| 93 |
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| 94 | thence North along the said West right-of-way line to |
| 95 | the point of curvature of a curve concave to the |
| 96 | Southeast, having a radius of 85 feet; |
| 97 |
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| 98 | thence North through East along said curve to the |
| 99 | point of tangency with the North right-of-way line of |
| 100 | NW 7th Street, as shown by said plat of NEW BROWARDALE; |
| 101 |
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| 102 | thence East along the said North right-of-way line and |
| 103 | the Easterly prolongation thereof to the centerline of |
| 104 | NW 34th Avenue; |
| 105 |
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| 106 | thence East along the North right-of-way line of NW 7th |
| 107 | Street and the Westerly prolongation thereof, to the |
| 108 | point of curvature of a curve concave to the |
| 109 | Northwest, having a radius of 25 feet; |
| 110 |
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| 111 | thence East through North along the arc of said curve |
| 112 | to the point of tangency with the West right-of-way |
| 113 | line of NW AMENDED PLAT, as recorded in Plat Book 47, |
| 114 | Page 23, Public Records of Broward County, Florida; |
| 115 |
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| 116 | thence East to the Northwest corner of Lot 1, Block |
| 117 | 32, as shown by the said BROWARDALE 2ND ADDITION |
| 118 | AMENDED PLAT; |
| 119 |
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| 120 | thence East along the North line of said Lot 1 to the |
| 121 | Northeast corner thereof; |
| 122 |
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| 123 | thence Northeasterly to the Northwest corner of Lot |
| 124 | 16, Block 31, as shown by the said BROWARDALE 2ND |
| 125 | ADDITION AMENDED PLAT; |
| 126 |
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| 127 | thence East along the North line of said Lot 16 to the |
| 128 | Northeast corner thereof; |
| 129 |
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| 130 | thence East to the Northwest corner of Lot 16, Block |
| 131 | 30, as shown by said BROWARDALE 2ND ADDITION AMENDED |
| 132 | PLAT; |
| 133 |
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| 134 | thence East along the North line of said Lot 16, Block |
| 135 | 30 to the Northeast corner thereof; |
| 136 |
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| 137 | thence South along the East line of said Lot 16, Block |
| 138 | 30 to a point of intersection with the North line of |
| 139 | the Southeast One-Quarter (SE 1/4), of the Southeast |
| 140 | One-Quarter (SE 1/4), of the Northeast One-Quarter (NE |
| 141 | 1/4) of said Section 6; |
| 142 |
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| 143 | thence East along said North line to the East line of |
| 144 | said Section 6; |
| 145 |
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| 146 | thence Northerly along said East line to the North |
| 147 | line of said Section 6; |
| 148 |
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| 149 | thence West along said North line to the Northeast |
| 150 | corner of the Northwest One-Quarter (NW 1/4), of the |
| 151 | Northeast One-Quarter (NE 1/4), of the Northwest One- |
| 152 | Quarter (NW 1/4), of said Section 6, said point also |
| 153 | being on the municipal boundary of the City of |
| 154 | Lauderhill, as established by Ordinance 80 of the City |
| 155 | of Lauderhill; |
| 156 |
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| 157 | thence continue West along said North line and said |
| 158 | municipal boundary and along the municipal boundary of |
| 159 | the City of Lauderhill, as established by Chapter 65- |
| 160 | 1812, Laws of Florida, to a line 302 feet East of and |
| 161 | parallel with the West line of said Section 6, said |
| 162 | point being on the municipal boundary of the City of |
| 163 | Plantation, established by Chapter 68-101, Laws of |
| 164 | Florida; |
| 165 |
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| 166 | thence continuing along said municipal boundary the |
| 167 | following 4 courses; |
| 168 |
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| 169 | thence South along said parallel line to the North |
| 170 | right-of-way line of NW 8 Place, as shown by the plat |
| 171 | of PLAZA ESTATES, as recorded in Plat Book 46, Page |
| 172 | 45, of the Public Records of Broward County, Florida; |
| 173 |
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| 174 | thence Westerly along said North right-of-way line for |
| 175 | a distance of 82 feet to a point on a line 220 feet |
| 176 | East of and parallel with the West line of said |
| 177 | Section 6; |
| 178 |
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| 179 | thence South along said parallel line to the Westerly |
| 180 | prolongation of the North right-of-way line of NW 7 |
| 181 | Street, as shown by said plat of ACADEMY AWARD HOMES |
| 182 | SECTION 3; |
| 183 |
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| 184 | thence Easterly, along said Westerly prolongation and |
| 185 | North right-of-way line, to the POINT OF BEGINNING. |
| 186 |
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| 187 | Section 4. The Broward County Board of County |
| 188 | Commissioners shall schedule an election in accordance with the |
| 189 | provisions of law relating to elections currently in force in |
| 190 | Broward County on November 2, 2004. The subject of said election |
| 191 | shall be the annexation of the St. George Area. Only registered |
| 192 | voters residing in the St. George Area as described in this act |
| 193 | may vote in said election. On the ballot provided for in this |
| 194 | section shall appear the name of each municipality which shall |
| 195 | have informed the Broward County Legislative Delegation that it |
| 196 | desires to appear on the ballot as provided for in section 1. |
| 197 | The voters residing in the St. George Area shall, by majority |
| 198 | vote of the voters participating in the election, choose one |
| 199 | municipality for annexation. A mail ballot shall not be used in |
| 200 | this election; however, voters may vote by absentee ballot as |
| 201 | provided by law. |
| 202 | Section 5. Upon a majority of the registered voters |
| 203 | residing in the St. George Area voting for annexation into the |
| 204 | City of Lauderdale Lakes or the City of Lauderhill, the St. |
| 205 | George Area, as described in section 3, shall be deemed a part |
| 206 | of said municipality on September 15, 2005, pursuant to section |
| 207 | 171.062, Florida Statutes, except as provided in this act. |
| 208 | Section 6. An interlocal agreement shall be developed |
| 209 | between the governing bodies of Broward County and the annexing |
| 210 | municipality and executed prior to the effective date of the |
| 211 | annexation as provided in section 5. The agreement shall address |
| 212 | infrastructure improvement projects and include a financially |
| 213 | feasible plan for transitioning county services, buildings, |
| 214 | infrastructure, waterways, and employees. |
| 215 | Section 7. The Board of County Commissioners of Broward |
| 216 | County is hereby authorized to set the election provided for in |
| 217 | section 4 by general election for the time period provided in |
| 218 | this act at the cost of Broward County. A mail ballot shall not |
| 219 | be used for any election provided for in this act; however, |
| 220 | voters may vote by absentee ballot as provided by law. |
| 221 | Section 8. Upon annexation into the municipality, the |
| 222 | following shall govern the areas described in section 3: |
| 223 | (1) The present land use designations and zoning districts |
| 224 | provided for under the Broward County Comprehensive Plan and |
| 225 | Code of Ordinances of Broward County shall remain the law |
| 226 | governing the St. George Area, notwithstanding the fact that the |
| 227 | St. George Area is now a part of a municipality. The land use |
| 228 | designations and zoning of Broward County shall be deemed the |
| 229 | conforming laws of the municipality of which the St. George Area |
| 230 | is now a part. |
| 231 | (2) Any change of zoning districts or land use |
| 232 | designations may only be accomplished by enactment of the vote |
| 233 | of the majority of the full governing body of the municipality |
| 234 | plus one. |
| 235 | (3) Notwithstanding subsections (1) and (2), any use, |
| 236 | building, or structure that is legally in existence at the time |
| 237 | the St. George Area becomes a part of the municipality, said use |
| 238 | shall not be made a prohibited use by the municipality, on the |
| 239 | property of said use, for as long as the use continues and is |
| 240 | not voluntarily abandoned. |
| 241 | Section 9. Subsequent to the effective date of this act, |
| 242 | no change in land use designation or zoning shall be effective |
| 243 | within the limits of the lands subject to annexation herein |
| 244 | until the St. George Area has been annexed into the |
| 245 | municipality; and no annexation within the St. George Area by |
| 246 | any municipality shall occur during the time period between the |
| 247 | effective date of this act and the effective date of the |
| 248 | annexation. |
| 249 | Section 10. Subsequent to the effective date of the |
| 250 | annexation, any resident in the area to be annexed by this act |
| 251 | into the City of Lauderdale Lakes or the City of Lauderhill |
| 252 | shall be deemed to have met any residency requirements for |
| 253 | candidacy. |
| 254 | Section 11. Nothing in this chapter shall be construed to |
| 255 | affect or abrogate the rights of parties to any contracts, |
| 256 | whether the same be between Broward County and a third party or |
| 257 | between nongovernmental entities, which contracts are in effect |
| 258 | prior to the effective date of the annexation. |
| 259 | Section 12. All public roads, including bridge 864107, and |
| 260 | the public rights-of-way associated therewith on the Broward |
| 261 | County Road System lying within the limits of the lands subject |
| 262 | to annexation herein, as described in section 3, except NW 31 |
| 263 | Avenue, are transferred from Broward County jurisdiction to the |
| 264 | jurisdiction of the annexing municipality. All rights, title, |
| 265 | interests, and responsibilities for any transferred roads, |
| 266 | including, but not limited to, the ownership, operation, |
| 267 | maintenance, planning, design, and construction of said roads |
| 268 | and the rights-of-way associated therewith, shall transfer from |
| 269 | Broward County jurisdiction and ownership to the jurisdiction |
| 270 | and ownership of the annexing municipality upon the effective |
| 271 | date of the annexation. |
| 272 | Section 13. This act shall take effect upon becoming a |
| 273 | law. |