| 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 regulations; providing for the | 
| 9 | continuation of certain rights; providing for the transfer | 
| 10 | of public roads and rights-of-way; providing an effective | 
| 11 | date. | 
| 12 | 
 | 
| 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 | 
 | 
| 23 | Be It Enacted by the Legislature of the State of Florida: | 
| 24 | 
 | 
| 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 | 
 | 
| 63 | That portion of Section 6, Township 50 South, Range 42 | 
| 64 | East, Broward County, Florida, described as follows: | 
| 65 | 
 | 
| 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 | 
 | 
| 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 | 
 | 
| 81 | thence East along the North line of said Lot 3 to the | 
| 82 | Northeast corner thereof; | 
| 83 | 
 | 
| 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 | 
 | 
| 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 | 
 | 
| 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 | 
 | 
| 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 | 
 | 
| 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 | 
 | 
| 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 | 
 | 
| 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 | 
 | 
| 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 | 
 | 
| 120 | thence East along the North line of said Lot 1 to the | 
| 121 | Northeast corner thereof; | 
| 122 | 
 | 
| 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 | 
 | 
| 127 | thence East along the North line of said Lot 16 to the | 
| 128 | Northeast corner thereof; | 
| 129 | 
 | 
| 130 | thence East to the Northwest corner of Lot 16, Block | 
| 131 | 30, as shown by said BROWARDALE 2ND ADDITION AMENDED | 
| 132 | PLAT; | 
| 133 | 
 | 
| 134 | thence East along the North line of said Lot 16, Block | 
| 135 | 30 to the Northeast corner thereof; | 
| 136 | 
 | 
| 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 | 
 | 
| 143 | thence East along said North line to the East line of | 
| 144 | said Section 6; | 
| 145 | 
 | 
| 146 | thence Northerly along said East line to the North | 
| 147 | line of said Section 6; | 
| 148 | 
 | 
| 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 | 
 | 
| 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 | 
 | 
| 166 | thence continuing along said municipal boundary the | 
| 167 | following 4 courses; | 
| 168 | 
 | 
| 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 | 
 | 
| 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 | 
 | 
| 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 | 
 | 
| 184 | thence Easterly, along said Westerly prolongation and | 
| 185 | North right-of-way line, to the POINT OF BEGINNING. | 
| 186 | 
 | 
| 187 | Section 4.  Upon a majority of the registered voters | 
| 188 | residing in the St. George Area voting for annexation into the | 
| 189 | City of Lauderdale Lakes or the City of Lauderhill, the St. | 
| 190 | George Area, as described in section 3, shall be deemed a part | 
| 191 | of said municipality on September 15, 2005, pursuant to section | 
| 192 | 171.062, Florida Statutes, except as provided in this act. | 
| 193 | Section 5.  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 as provided in section 4. The agreement shall address | 
| 197 | infrastructure improvement projects and include a financially | 
| 198 | feasible plan for transitioning county services, buildings, | 
| 199 | infrastructure, waterways, and employees. | 
| 200 | Section 6.  The Board of County Commissioners of Broward | 
| 201 | County is hereby authorized to set the election provided for in | 
| 202 | section 2 by general election for the time period provided in | 
| 203 | this act at the cost of Broward County. A mail ballot shall not | 
| 204 | be used for any election provided for in this act; however, | 
| 205 | voters may vote by absentee ballot as provided by law. | 
| 206 | Section 7.  Upon annexation into the municipality, the | 
| 207 | following shall govern the areas described in section 3: | 
| 208 | (1)  The present land use designations and zoning districts | 
| 209 | provided for under the Broward County Comprehensive Plan and | 
| 210 | Code of Ordinances of Broward County shall remain the law | 
| 211 | governing the St. George Area, notwithstanding the fact that the | 
| 212 | St. George Area is now a part of a municipality. | 
| 213 | (2)  Any change of zoning districts or land use | 
| 214 | designations may only be accomplished by enactment of the vote | 
| 215 | of the majority of the full governing body of the municipality | 
| 216 | plus one. | 
| 217 | (3)  Notwithstanding subsections (1) and (2), any use, | 
| 218 | building, or structure that is legally in existence at the time | 
| 219 | the St. George Area becomes a part of the municipality shall not | 
| 220 | be made a prohibited use by the municipality, on the property of | 
| 221 | said use, for as long as the use continues and is not | 
| 222 | voluntarily abandoned. | 
| 223 | Section 8.  Subsequent to the effective date of this act, | 
| 224 | no change in land use designation or zoning shall be effective | 
| 225 | within the limits of the lands subject to annexation herein | 
| 226 | until the St. George Area has been annexed into the | 
| 227 | municipality; and no annexation within the St. George Area by | 
| 228 | any municipality shall occur during the time period between the | 
| 229 | effective date of this act and the effective date of the | 
| 230 | annexation. | 
| 231 | Section 9.  Subsequent to the effective date of the | 
| 232 | annexation, any resident in the area to be annexed by this act | 
| 233 | into the City of Lauderdale Lakes or the City of Lauderhill | 
| 234 | shall be deemed to have met any residency requirements for | 
| 235 | candidacy. | 
| 236 | Section 10.  Nothing in this chapter shall be construed to | 
| 237 | affect or abrogate the rights of parties to any contracts, | 
| 238 | whether the same be between Broward County and a third party or | 
| 239 | between nongovernmental entities, which contracts are in effect | 
| 240 | prior to the effective date of the annexation. | 
| 241 | Section 11.  All public roads, including bridge 864107, and | 
| 242 | the public rights-of-way associated therewith on the Broward | 
| 243 | County Road System lying within the limits of the lands subject | 
| 244 | to annexation herein, as described in section 3, except NW 31 | 
| 245 | Avenue, are transferred from Broward County jurisdiction to the | 
| 246 | jurisdiction of the annexing municipality. All rights, title, | 
| 247 | interests, and responsibilities for any transferred roads, | 
| 248 | including, but not limited to, the ownership, operation, | 
| 249 | maintenance, planning, design, and construction of said roads | 
| 250 | and the rights-of-way associated therewith, shall transfer from | 
| 251 | Broward County jurisdiction and ownership to the jurisdiction | 
| 252 | and ownership of the annexing municipality upon the effective | 
| 253 | date of the annexation. | 
| 254 | Section 12.  This act shall take effect upon becoming a | 
| 255 | law. |