HB 1399

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

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