HB 1487

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;
4	providing for annexation of the unincorporated area known
5	as Rock Island; providing for an election; providing for
6	an effective date of annexation; providing for an
7	interlocal agreement; providing for continuation of
8	certain Broward County regulations; providing for transfer
9	of public roads and rights-of-way; providing an effective
10	date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  The legal description of the "Rock Island Area"
15	is as follows:
16
17	That portion of Sections 28 and 29, Township 49 South,
18	Range 42 East, Broward County, Florida, described as
19	follows:
20
21	Beginning at a point on the municipal boundary of the
22	City of Fort Lauderdale, as established by Chapter 69-
23	1057, Laws of Florida, being the intersection of the
24	North Right of way line of NW 19 Street with the West
25	right-of-way line of the Seaboard Coastline Railroad;
26
27	thence along said municipal boundary of the City of
28	Fort Lauderdale, the following 7 courses;
29
30	thence westerly along said North right-of-way line of
31	NW 19 Street to the Southeast corner of Lot 1, Block 1
32	of "North West Lauderdale," as recorded in Plat Book
33	25, Page 25, of the Public Records of Broward County,
34	Florida;
35
36	thence Northerly to the Northeast corner of Lot 4 in
37	said Block 1;
38
39	thence Westerly to the Northwest corner of said Lot 4;
40
41	thence Southerly to the Southwest corner of said Lot 1
42	and the North right-of-way line of NW 19 Street;
43
44	thence Westerly along said North right-of-way line to
45	the East right-of-way line of NW 31 Avenue;
46
47	thence Northerly along said East right-of-way line to
48	the North boundary of the South one-half (S 1/2) of
49	the South one-half (S 1/2) of the Southwest one-
50	quarter (SW 1/4) of said Section 29;
51
52	thence Westerly along said North boundary to the West
53	line of said Section 29;
54
55	thence along the municipal boundary of the City of
56	Lauderdale Lakes, as established by Ordinance 40, of
57	the City of Lauderdale Lakes, the following three (3)
58	courses:
59
60	thence North along said West line to the South line of
61	the Southwest one-quarter (SW 1/4) of the Southwest
62	one-quarter (SW 1/4) of the Northwest one-quarter (NW
63	1/4) of said Section 29;
64
65	thence East along said South line to the Southeast
66	corner of said Southwest one-quarter (SW 1/4) of the
67	Southwest one-quarter (SW 1/4) of the Northwest one-
68	quarter (NW 1/4);
69
70	thence North along the East line of said Southwest
71	one-quarter (SW 1/4) of the Southwest one-quarter (SW
72	1/4) of the Northwest one-quarter (NW 1/4) to a line
73	35.00 feet north of and parallel with the South line
74	of the North one-half (N 1/2) of said Section 29, also
75	being a point on the municipal boundary of the City of
76	Oakland Park, as established by Ordinance 477, of the
77	City of Oakland Park;
78
79	thence along said municipal boundary of the City of
80	Oakland Park and along said parallel line to a line
81	100.00 feet west of and parallel with the East line of
82	the West one-half (W 1/2) of the West one-half (W 1/2)
83	of the Southwest one-quarter (SW 1/4) of the Northeast
84	one-quarter (NE 1/4) of said Section 29;
85
86	thence along the municipal boundary of the City of
87	Oakland Park, as established by Chapter 79-519, Laws
88	of Florida, the following four (4) courses:
89
90	thence South along said parallel line, also being a
91	line 270.00 feet West of the West right-of-way line of
92	NW 26 Avenue, to the South right-of-way line of NW 26
93	Street;
94
95	thence Easterly along said South right-of-way line to
96	the East right-of-way line of NW 21 Avenue;
97
98	thence North along said East right-of-way line to the
99	South line of the Northwest one-quarter (NW 1/4) of
100	said Section 28;
101
102	thence East along said South line to the West right-
103	of-way line of the Seaboard Coastline Railroad;
104
105	thence along the municipal boundary of the City of
106	Oakland Park, as established by Chapter 83-476, Laws
107	of Florida, and Southwesterly along said West right-
108	of-way line to the Point of Beginning.
109
110	Section 2.  The Broward County Board of County
111	Commissioners shall schedule an election in accordance with the
112	provisions of the law relating to elections currently in force
113	in Broward County on November 2, 2004. The subject of said
114	election shall be the annexation of the Rock Island Area. Only
115	registered voters residing in the Rock Island Area as described
116	in this act may vote in said election. On the ballot provided
117	for in this section shall appear the City of Fort Lauderdale.
118	The voters residing in the Rock Island Area shall, by majority
119	vote of the voters participating in the election, choose whether
120	to join that city on September 15, 2005, or September 15, 2006.
121	A mail ballot shall not be used in this election. However,
122	voters may vote by absentee ballot as provided by law.
123	Section 3.  Upon a majority of the registered voters
124	residing in the Rock Island Area voting for annexation into the
125	City of Fort Lauderdale, the Rock Island Area described in
126	section 1 shall be deemed a part of said municipality on
127	September 15, 2005, or September 15, 2006, pursuant to s.
128	171.062, Florida Statutes, except as provided for in this act.
129	Section 4.  An interlocal agreement shall be developed
130	between the governing bodies of Broward County and the annexing
131	municipality and executed prior to the effective date of the
132	annexation as provided for in section 3. The agreement shall
133	address infrastructure improvement projects and include a
134	financially feasible plan for transitioning county services,
135	buildings, infrastructure, waterways, and employees.
136	Section 5.  The Board of County Commissioners of Broward
137	County is hereby authorized to set the election provided for in
138	section 2 by general election for the time period provided in
139	this act at the cost of Broward County. A mail ballot shall not
140	be used for any election provided for in this act. However,
141	voters may vote by absentee ballot as provided by law.
142	Section 6.  Upon annexation into a municipality, the
143	following shall govern the areas described in section 1:
144	(1)  The present land use designations and zoning districts
145	provided for under the Broward County Comprehensive Plan and
146	Code of Ordinances of Broward County shall remain the law
147	governing the Rock Island Area, notwithstanding the fact that
148	the Rock Island Area is now a part of a municipality. The land
149	use designations and zoning of Broward County shall be deemed
150	the conforming laws of the municipality of which the Rock Island
151	Area is now a part.
152	(2)  Any change of zoning districts or land use
153	designations may only be accomplished by enactment of the vote
154	of the majority of the full governing body of the municipality
155	plus one.
156	(3)  Notwithstanding subsections (1) and (2), any use,
157	building, or structure that is legally in existence at the time
158	that the Rock Island Area becomes a part of the municipality
159	shall not be made a prohibited use by the municipality, on the
160	property of said use, for as long as the use shall continue, and
161	not be voluntarily abandoned.
162	Section 7.  Subsequent to the effective date of this act,
163	no change in land use designation or zoning shall be effective
164	within the limits of the lands subject to annexation herein
165	until the Rock Island Area has been annexed into the
166	municipality; no annexation within the Rock Island Area by any
167	municipality shall occur during the time period between the
168	effective date of this act and the effective date of the
169	annexation.
170	Section 8.  Any resident in the area to be annexed by this
171	act into the City of Fort Lauderdale shall be deemed to have met
172	any residency requirements for candidacy.
173	Section 9.  Nothing in this act shall be construed to
174	affect or abrogate the rights of parties to any contracts,
175	whether the same be between Broward County and a third party or
176	between nongovernmental entities, which contracts are in effect
177	prior to the effective date of the annexation.
178	Section 10.  All public roads and the public rights-of-way
179	associated therewith, on the Broward County Road System, lying
180	within the limits of the lands subject to annexation herein, as
181	described in section 1, are transferred from Broward County
182	jurisdiction to the jurisdiction of the annexing municipality,
183	except NW 31 Avenue and NW 21 Avenue, lying within the limits of
184	the annexation area. All rights, title, interests, and
185	responsibilities for any transferred roads, including, but not
186	limited to, the ownership, operation, maintenance, planning,
187	design, and construction of said roads, and to the rights-of-way
188	associated therewith, shall transfer from Broward County
189	jurisdiction and ownership to the jurisdiction and ownership of
190	the annexing municipality upon the effective date of the
191	annexation.
192	Section 11.  This act shall take effect upon becoming a
193	law.

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