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 |
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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. 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. |