HB 1399

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 Fort Lauderdale or the
9	City of Oakland Park; providing for annexation of the
10	unincorporated area known as Twin Lakes North; providing
11	for an election; providing for an effective date of
12	annexation; providing for an interlocal agreement;
13	providing for a continuation of certain regulations;
14	providing for the transfer of public roads and rights-of-
15	way; providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  No later than July 1, 2004, the governing
20	bodies of the City of Fort Lauderdale and the City of Oakland
21	Park, after having considered the effects of annexation on the
22	residents of both the Twin Lakes North Area, as hereinafter
23	described, and the respective municipality, shall inform the
24	Broward County Legislative Delegation and the Broward County
25	Board of County Commissioners of their desire to appear on the
26	ballot as provided for in this act.
27	Section 2.  Twin Lakes North Area legal description.--
28
29	That portion of Section 16, Township 49 South, Range
30	42 East, Broward County, Florida, described as
31	follows:
32
33	Begin at the Northwest corner of Lot 7, Block 2 of
34	Twin Lakes, as recorded in Plat Book 29, Page 23, of
35	the Public Records of Broward County, Florida, said
36	point being on the municipal boundary of the City of
37	Fort Lauderdale, as established by Ordinance No. C-82-
38	128 of the City of Fort Lauderdale;
39
40	Thence South along the West line of said Lot 7 and
41	said municipal boundary to the Southwest corner of
42	said Lot 7;
43
44	Thence Easterly along the South line of Lots 7, 6 and
45	5 of said Twin Lakes plat and said municipal boundary
46	to the Southwest corner of Lot 4 of said plat, said
47	point being on the municipal boundary of the City of
48	Oakland Park, as established by Chapter 79-519, Laws
49	of Florida;
50
51	Thence continuing along said municipal boundary the
52	following 4 courses:
53
54	Thence Southerly to the Northeast corner of Lot 1,
55	Block 4 of Stadium Park, as recorded in Plat Book 53,
56	Page 9, of the Public Records of Broward County,
57	Florida;
58
59	Thence Southerly along the East line of Lots 1 thru 8,
60	Block 4 of said Stadium Park, and the East line of
61	Lots 18 and 15, Block 3 of said Stadium Park, to the
62	Southeast corner of said Lot 15;
63
64	Thence Southwesterly to the Northwest corner of Lot 1,
65	Block 14 of Twin Lakes, as recorded in Plat Book 29,
66	Page 23, of the Public Records of Broward County,
67	Florida;
68
69	Thence Southerly along the West line of Lots 1 thru 4,
70	Block 14, and the Southerly projection thereof to the
71	Northeast corner of Lot 12, Block 21 of said Twin
72	Lakes, said point being on the municipal boundary of
73	the City of Oakland Park, as established by Ordinance
74	No. 0-81-20 of the City of Oakland Park;
75
76	Thence Westerly, Southerly and Easterly along said Lot
77	12 and said municipal boundary to the Southeast corner
78	thereof, said point also being on the municipal
79	boundary of the City of Oakland Park, as established
80	by Chapter 79-519, Laws of Florida;
81
82	Thence continuing along said municipal boundary the
83	following 5 courses:
84
85	Thence Southerly along the West line of Lots 3 and 4
86	of said Block 21 to the Southwest corner of said Lot
87	4;
88
89	Thence Westerly along the North right of way line of
90	N.W. 45 Court to the intersection with the West right
91	of way line of N.W. 10 Avenue;
92
93	Thence Southerly along the West right of way line of
94	N.W. 10 Avenue to the Southeast corner of Lot 16,
95	Block 24 of said Twin Lakes;
96
97	Thence Westerly along the North right of way line of
98	Prospect Field Road (N.W. 44 Street) to a point of
99	intersection with the Northerly extension of the West
100	right of way line of that part of N.W. 10 Avenue lying
101	South of said Prospect Field Road (N.W. 44 Street);
102
103	Thence Southwesterly along said Northerly extension to
104	a point on the centerline of Prospect Field Road (N.W.
105	44 Street);
106
107	Thence Northwesterly along said centerline to a point
108	on the West line of the Southwest One-Quarter (SW
109	1/4), of the Southeast One-Quarter (SE 1/4) of said
110	Section 16, said point also being on the municipal
111	boundary of the City of Tamarac, as established by
112	Ordinance No. 68-4 of the City of Tamarac;
113
114	Thence Northerly along said West line and along said
115	municipal boundary to a point on the North line of the
116	South One-Half (S 1/() of the Southeast One-Quarter
117	(SE 1/4) of said Section 16, said point also being on
118	the municipal boundary of the City of Fort Lauderdale,
119	as established by Chapter 71-640, Laws of Florida;
120
121	Thence Easterly along said North line and said
122	municipal boundary to the Northeast corner of the
123	Southwest One-Quarter (SW 1/4), of the Southeast One-
124	Quarter (SE 1/4) of said Section 16;
125
126	Thence Northerly along the West line of the East One-
127	Half (E 1/(), of the East One-Half (E 1/() of said
128	Section 16 and along said municipal boundary to the
129	Southwest corner of  Lot 7, Block 5 of Twin Lakes, as
130	recorded in Plat Book 29, Page 23, of the Public
131	Records of Broward County, Florida, said point also
132	being on the municipal boundary of the City of Fort
133	Lauderdale, as established by Ordinance No. C-88-82 of
134	the City of Fort Lauderdale;
135
136	Thence Easterly along the North line of Lot 6, 5 and
137	3, of said Block 5 also being the South line of Lot 7,
138	8 and 2 of said Block 5 and along said municipal
139	boundary to the Northeast corner of said Lot 3, said
140	point also being on the West right of way line of N.W.
141	11 Avenue as shown on said plat of Twin Lakes;
142
143	Thence Northerly along said West right of way line
144	also being the East line of Lots 2 and 1 of said Block
145	5 and the Northerly projection thereof and along said
146	municipal boundary to a point on the South line of
147	Parcel A of C.T.A. Plat, as recorded in Plat Book 124,
148	Page 33, of the Public Records of Broward County,
149	Florida, said point also being on the municipal
150	boundary of the City of Fort Lauderdale, as
151	established by Ordinance No. C-84-59 of the City of
152	Fort Lauderdale;
153
154	Thence Easterly along said South line and said
155	municipal boundary to the Southerly extension of the
156	West line of Block 1 of Stadium Park, as recorded in
157	Plat Book 53, Page 9, of the Public Records of Broward
158	County, Florida;
159
160	Thence Northerly along said Southerly extension and
161	the West line of said Block 1 and said municipal
162	boundary to the Southwest corner of Lot 13, Block 1 of
163	said Stadium Park, said point also being on the
164	municipal  boundary of the City of Fort Lauderdale, as
165	established by Chapter 79-459, Laws of Florida;
166
167	Thence continuing along said municipal boundary the
168	following 4 courses:
169
170	Thence Easterly along the South line of Lots 13, 12
171	and 11 of said Block 1 to the Southeast corner of said
172	Lot 11;
173
174	Thence continue Easterly along the South line of the
175	North 120 feet of Lots 1, 2, 3 and the East 15 feet of
176	Lot 4, Block 1 of said Twin Lakes, and the Easterly
177	projection thereof to the West line of Lot 9, Block 2
178	of said Twin Lakes;
179
180	Thence Southerly along said West line to the Southwest
181	corner of said Lot 9;
182
183	Thence Easterly along the South line of said Lot 9 to
184	the POINT OF BEGINNING.
185
186	Section 3.  If at least one of the municipalities
187	referenced in section 1 of this act informs the Broward County
188	Legislative Delegation and the Broward County Board of County
189	Commissioners that it desires to appear on the ballot as
190	provided for in section 1, the Broward County Board of County
191	Commissioners shall schedule an election on November 2, 2004, in
192	accordance with the provisions of law relating to elections
193	currently in force in Broward County. The subject of such
194	election shall be the annexation of the Twin Lakes North Area.
195	Only registered voters residing in the Twin Lakes North Area as
196	described in this act may vote in such election. On the ballot
197	provided for in this section shall appear the name of each
198	municipality that informed the Broward County Legislative
199	Delegation and the Broward County Board of County Commissioners
200	that it desires to appear on the ballot as provided for in
201	section 1. The voters residing in the Twin Lakes North Area
202	shall, by majority vote of the voters participating in the
203	election, choose one municipality for annexation. In the event
204	only one municipality informed the Broward County Legislative
205	Delegation and the Broward County Board of County Commissioners
206	that it desires to appear on the ballot as provided for in
207	section 1, the voters residing in the Twin Lakes North Area
208	shall, by majority vote of the voters participating in the
209	election, choose whether to join that municipality on September
210	15, 2005, or September 15, 2006. A mail ballot shall not be used
211	in this election. However, voters may vote by absentee ballot as
212	provided by law.
213	Section 4.  Upon a majority of the voters participating in
214	the election as provided in section 3, voting for annexation,
215	the Twin Lakes North Area described in section 2 shall be deemed
216	a part of said municipality on September 15, 2005, pursuant to
217	s. 171.062, Florida Statutes, except as provided for in this
218	act.
219	Section 5.  An interlocal agreement shall be developed
220	between the governing bodies of Broward County and the annexing
221	municipality and executed prior to the effective date of the
222	annexation as provided for in section 4. The agreement shall
223	address infrastructure improvement projects and include a
224	financially feasible plan for transitioning county services,
225	buildings, infrastructure, waterways, and employees.
226	Section 6.  The Board of County Commissioners of Broward
227	County is hereby authorized to set the election provided for in
228	section 3 by general election for the time period provided in
229	this act at the cost of Broward County. A mail ballot shall not
230	be used for any election provided for in this act. However,
231	voters may vote by absentee ballot as provided by law.
232	Section 7.  Upon annexation into a municipality, the
233	following shall govern the areas described in section 2:
234	(1)  The present land use designations and zoning districts
235	provided for under the Broward County Comprehensive Plan and
236	Code of Ordinances of Broward County shall remain the law
237	governing the Twin Lakes North Area, notwithstanding the fact
238	that the Twin Lakes North Area is now a part of a municipality.
239	(2)  Any change of zoning districts or land use
240	designations may only be accomplished by enactment of the vote
241	of the majority of the full governing body of the municipality
242	plus one.
243	(3)  Notwithstanding subsections (1) and (2), any use,
244	building, or structure that is legally in existence at the time
245	that the Twin Lakes North Area becomes a part of the
246	municipality, said use shall not be made a prohibited use by the
247	municipality, on the property of said use, for as long as the
248	use shall continue, and not be voluntarily abandoned.
249	Section 8.  Subsequent to the effective date of this act,
250	no change in land use designation or zoning shall be effective
251	within the limits of the lands subject to annexation herein
252	until the Twin Lakes North Area has been annexed into the
253	municipality; no annexation within the Twin Lakes North Area by
254	any municipality shall occur during the time period between the
255	effective date of this act and the effective date of the
256	annexation.
257	Section 9.  Subsequent to the effective date of the
258	annexation, any resident in the area to be annexed by this act
259	into the City of Fort Lauderdale or the City of Oakland Park
260	shall be deemed to have met any residency requirements for
261	candidacy for any municipal office.
262	Section 10.  Nothing in this act shall be construed to
263	affect or abrogate the rights of parties to any contracts,
264	whether the same be between Broward County and a third party or
265	between nongovernmental entities, which contracts are in effect
266	prior to the effective date of the annexation.
267	Section 11.  All public roads and the public rights-of-way
268	associated therewith, on the Broward County Road System, lying
269	within the limits of the lands subject to annexation herein, as
270	described in section 2, are transferred from Broward County
271	jurisdiction to the jurisdiction of the annexing municipality,
272	except for that portion of Prospect Road described in section 2.
273	All rights, title, interests, and responsibilities for any
274	transferred roads, including, but not limited to, the ownership,
275	operation, maintenance, planning, design, and construction of
276	said roads, and to the rights-of-way associated therewith, shall
277	transfer from Broward County jurisdiction and ownership to the
278	jurisdiction and ownership of the annexing municipality upon the
279	effective date of the annexation.
280	Section 12.  This act shall take effect upon becoming a
281	law.

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