HB 1485

1	A bill to be entitled
2	An act relating to Broward County; providing for
3	extending the corporate limits of the City of Fort
4	Lauderdale or the City of Oakland Park; providing for
5	annexation of the unincorporated area known as North
6	Andrews Gardens; providing for an election; providing
7	for an effective date of annexation; providing for an
8	interlocal agreement; providing for a continuation of
9	certain Broward County regulations; providing for the
10	transfer of public roads and rights-of-way; providing
11	an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  No later than July 1, 2004, the governing
16	bodies for the City of Fort Lauderdale and for the City of
17	Oakland Park, after having considered the effects of annexation
18	on the residents of both the North Andrews Gardens area, as
19	hereinafter described, and on the respective municipality, shall
20	inform the Broward County Legislative Delegation and the Broward
21	County Board of County Commissioners of their desire to appear
22	on the ballot as provided for in this act.
23	Section 2.  If at least one of the municipalities subject
24	to annexation under this act informs the Broward County
25	Legislative Delegation and the Broward County Board of County
26	Commissioners that it desires to appear on the ballot as
27	provided for in section 1, the Broward County Board of County
28	Commissioners shall schedule an election on November 2, 2004, in
29	accordance with the provisions of law relating to elections
30	currently in force in Broward County. The subject of such
31	election shall be the annexation of the North Andrews Gardens
32	Area. Only registered voters residing in the North Andrews
33	Gardens Area as described in this act may vote in such election.
34	On the ballot provided for in this section shall appear the name
35	of each municipality which shall have informed the Broward
36	County Legislative Delegation and the Broward County Board of
37	County Commissioners that it desires to appear on the ballot as
38	provided for in section 1. The voters residing in the North
39	Andrews Gardens Area shall, by majority vote of the voters
40	participating in the election, choose one municipality for
41	annexation. In the event only one municipality shall have
42	informed the Broward County Legislative Delegation and the
43	Broward County Board of County Commissioners that it desires to
44	appear on the ballot as provided for in section 1, the voters
45	residing in the North Andrews Garden Area shall, by majority
46	vote of the voters participating in the election, choose whether
47	to join that municipality on September 15, 2005, or September
48	15, 2006. A mail ballot shall not be used in this election.
49	However, voters may vote by absentee ballot as provided by law.
50	Section 3.  Legal description of the North Andrews Gardens
51	area:
52
53	That portion of Sections 10, 11 and 15 Township 49
54	South, Range 42 East, Broward County, Florida,
55	described as follows:
56
57	Begin at a point at the South right-of-way line of
58	East Commercial Boulevard and the West right-of-way
59	line of N.E. 6 Avenue, said point being on the
60	municipal boundary of the City of Oakland Park, as
61	established by Chapter 79-519, Laws of Florida;
62
63	Thence continuing along said municipal boundary the
64	following 12 courses:
65
66	Thence Southerly along the West right-of-way line of
67	N.E. 6 Avenue to a point 100.19 feet South of the
68	South right-of-way line of N.E. 46 Street;
69
70	Thence Westerly along the North line of SEMINOLE
71	WAREHOUSE PLAT ADDITION, Plat Book 39, Page 32,
72	Broward County Records, for 305.80 feet;
73
74	Thence Southerly along the West line of said SEMINOLE
75	WAREHOUSE PLAT ADDITION, and SEMINOLE WAREHOUSE PLAT,
76	Plat Book 38, Page 8, of the Broward County Records,
77	to a point 75 feet North of the North right-of-way
78	line of N.E. 44 Street;
79
80	Thence West parallel with the North right-of-way line
81	of  N.E. 44 Street to a point on the West right-of-way
82	line of N.E. 5 Avenue;
83
84	Thence North along the West right-of-way line of N.E.
85	5 Avenue to a point being 100 feet North of the North
86	right-of-way line of N.E. 44 Street;
87
88	Thence West along a line parallel with and 100 feet
89	North of the North right-of-way line of N.E. 44
90	Street, to the N.W. corner of Lot 46, Block 9, NORTH
91	ANDREWS GARDENS SECOND ADDITION, Plat Book 31, Page
92	39, Broward County Records;
93
94	Thence Northerly to the N.E. corner of Lot 11, Block
95	8, of said NORTH ANDREWS GARDENS SECOND ADDITION;
96
97	Thence Westerly along the North line of said Lot 11,
98	Block 8, to the East right-of-way line of N.E. 1
99	Terrace;
100
101	Thence Northerly along said East right-of-way line to
102	the North right-of-way line of N.E. 45 Street;
103
104	Thence Westerly along said North right-of-way line to
105	the West right-of-way line of N.W. 3 Avenue;
106
107	Thence Southerly to a point 110 feet South of the
108	South right-of-way line of N.W. 45 Street;
109
110	Thence Westerly to the Easterly right-of-way line of
111	Interstate 95, said point being on the municipal
112	boundary of the City of Oakland Park, as established
113	by Chapter 83-476, Laws of Florida;
114
115	Thence Northerly along said Easterly right-of-way line
116	and said municipal boundary to a point on the South
117	line of Parcel A, STILES-BENTON PLAT, according to the
118	plat thereof, as recorded in Plat Book 155, Page 34,
119	of the Public Records of Broward County, Florida, said
120	point being on the municipal boundary of the City of
121	Fort Lauderdale, as established by Ordinance No. C-94-
122	41;
123
124	Thence East, South, East and Northeast along the
125	Southerly line of said Parcel A to a point on the
126	Easterly right-of-way line of Interstate 95, said
127	point being on the municipal boundary of the City of
128	Oakland Park, as established by the aforesaid Chapter
129	83-476, Laws of Florida;
130
131	Thence along said Easterly right-of-way line and said
132	municipal boundary to the West line of the HARRAH
133	PLAT, according to the plat  thereof, as  recorded in
134	Plat Book 100, Page 25, of  the Public Records of
135	Broward County, Florida, said point being on the
136	municipal boundary of the City of Fort Lauderdale, as
137	established by Ordinance No. C-94-16;
138
139	Thence Southerly, along the West limits of said HARRAH
140	PLAT and said municipal boundary, for a distance of
141	299.15 feet to the Southwest corner of said HARRAH
142	PLAT;
143
144	Thence Easterly, along the South line of said HARRAH
145	PLAT and said municipal boundary, for a distance of
146	633.25 feet to the West right-of-way line of Northeast
147	9 Avenue, said point being on  the municipal boundary
148	of the City of Oakland  Park, as established by
149	Chapter 75-452, Laws of Florida;
150
151	Thence along said municipal boundary the following 5
152	courses:
153
154	Thence Southerly, along said West right of way line,
155	to a point 100 feet North of the North right-of-way
156	line of Northeast 58 Court;
157
158	Thence Easterly for a distance of 400 feet;
159
160	Thence Southerly to the North right-of-way line of
161	Northeast 58 Street;
162
163	Thence Westerly to the West right-of-way line of
164	Northeast 9 Avenue;
165
166	Thence Southerly, along said West right of way line,
167	to the North right-of-way line of Northeast 56 Street,
168	said point being on the municipal boundary of the City
169	of Oakland Park, as established by Ordinance No. 562;
170
171	Thence Westerly, along said North right of way line
172	and said municipal boundary, to the West right-of-way
173	line of Northeast 6 Avenue;
174
175	Thence Southerly, along said West right of way line
176	and said municipal boundary, to the POINT OF
177	BEGINNING.
178
179	Section 4.  The Broward County Board of County
180	Commissioners shall schedule an election in accordance with the
181	provisions of the law relating to elections currently in force
182	in Broward County on November 2, 2004. The subject of said
183	election shall be the annexation of the North Andrews Gardens
184	area. Only registered voters residing in the North Andrews
185	Gardens area as described in this act may vote in said election.
186	On the ballot provided for in this section shall appear the name
187	of each municipality which shall have informed the Broward
188	County Legislative Delegation that it desires to appear on the
189	ballot as provided for in section 1. The voters residing in the
190	North Andrews Gardens area shall, by majority vote of the voters
191	participating in the election, choose one municipality for
192	annexation. A mail ballot shall not be used in this election.
193	However, voters may vote by absentee ballot as provided by law.
194	Section 5.  Upon a majority of the registered voters
195	residing in the North Andrews Gardens area voting for annexation
196	into the City of Fort Lauderdale or the City of Oakland Park,
197	the North Andrews Gardens area described in section 3 shall be
198	deemed a part of said municipality on September 15, 2005,
199	pursuant to section 171.062, Florida Statutes, except as
200	provided for in this act.
201	Section 6.  An interlocal agreement shall be developed
202	between the governing bodies of Broward County and the annexing
203	municipality and executed prior to the effective date of the
204	annexation as provided for in section 5. The agreement shall
205	address infrastructure improvement projects and include a
206	financially feasible plan for transitioning county services,
207	buildings, infrastructure, waterways, and employees.
208	Section 7.  The Board of County Commissioners of Broward
209	County is hereby authorized to set the election provided for in
210	section 4 by general election for the time period provided in
211	this act at the cost of Broward County. A mail ballot shall not
212	be used for any election provided for in this act. However,
213	voters may vote by absentee ballot as provided by law.
214	Section 8.  Upon annexation into the municipality, the
215	following shall govern the areas described in section 3:
216	(1)  The present land use designations and zoning districts
217	provided for under the Broward County Comprehensive Plan and
218	Code of Ordinances of Broward County shall remain the law
219	governing the North Andrews Gardens area, notwithstanding the
220	fact that the North Andrews Gardens area is now a part of a
221	municipality. The land use designations and zoning of Broward
222	County shall be deemed the conforming laws of the municipality
223	of which the North Andrews Gardens area is now a part.
224	(2)  Any change of zoning districts or land use
225	designations may only be accomplished by enactment of the vote
226	of the majority of the full governing body of the municipality
227	plus one.
228	(3)  Notwithstanding subsections (1) and (2), any use,
229	building, or structure that is legally in existence at the time
230	that the North Andrews Gardens area becomes a part of the
231	municipality shall not be made a prohibited use by the
232	municipality, on the property of said use, for as long as the
233	use shall continue, and not be voluntarily abandoned.
234	Section 9.  Subsequent to the effective date of this act,
235	no change in land use designation or zoning shall be effective
236	within the limits of the lands subject to annexation herein
237	until the North Andrews Gardens area has been annexed into the
238	municipality; no annexation within the North Andrews Gardens
239	area by any municipality shall occur during the time period
240	between the effective date of this act and the effective date of
241	the annexation.
242	Section 10.  Any resident in the area to be annexed by this
243	act into the City of Fort Lauderdale or the City of Oakland Park
244	shall be deemed to have met any residency requirements for
245	candidacy for any municipal office.
246	Section 11.  Nothing in this chapter shall be construed to
247	affect or abrogate the rights of parties to any contracts,
248	whether the same be between Broward County and a third party or
249	between nongovernmental entities, which contracts are in effect
250	prior to the effective date of the annexation.
251	Section 12.  All public roads and the public rights-of-way
252	associated therewith, on the Broward County Road System, lying
253	within the limits of the lands subject to annexation herein, as
254	described in section 3, are transferred from Broward County
255	jurisdiction to the jurisdiction of the annexing municipality,
256	except for Andrews Avenue. All rights, title, interests, and
257	responsibilities for any transferred roads, including, but not
258	limited to, the ownership, operation, maintenance, planning,
259	design, and construction of said roads and to the rights-of-way
260	associated therewith, shall transfer from Broward County
261	jurisdiction and ownership to the jurisdiction and ownership of
262	the annexing municipality upon the effective date of the
263	annexation.
264	Section 13.  This act shall take effect upon becoming a
265	law.

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