HB 1487

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

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