Senate Bill sb3158

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004        (NP)                      SB 3158

    By Senator Campbell





    32-2476-04                                      See CS/HB 1399

  1                      A bill to be entitled

  2         An act relating to Broward County; providing

  3         for extending the corporate limits of the City

  4         of Fort Lauderdale or the City of Oakland Park;

  5         providing for annexation of the unincorporated

  6         area known as Twin Lakes North; providing for

  7         an election; providing for an effective date of

  8         annexation; providing for an interlocal

  9         agreement; providing for a continuation of

10         certain regulations; providing for the transfer

11         of public roads and rights-of-way; providing an

12         effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  No later than July 1, 2004, the governing

17  bodies of the City of Fort Lauderdale and the City of Oakland

18  Park, after having considered the effects of annexation on the

19  residents of both the Twin Lakes North Area, as hereinafter

20  described, and the respective municipality, shall inform the

21  Broward County Legislative Delegation and the Broward County

22  Board of County Commissioners of their desire to appear on the

23  ballot as provided for in this act.

24         Section 2.  Twin Lakes North Area legal description.--

25  

26         That portion of Section 16, Township 49 South,

27         Range 42 East, Broward County, Florida,

28         described as follows:

29  

30         Begin at the Northwest corner of Lot 7, Block 2

31         of Twin Lakes, as recorded in Plat Book 29,

                                  1

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






    Florida Senate - 2004        (NP)                      SB 3158
    32-2476-04                                      See CS/HB 1399




 1         Page 23, of the Public Records of Broward

 2         County, Florida, said point being on the

 3         municipal boundary of the City of Fort

 4         Lauderdale, as established by Ordinance No.

 5         C-82-128 of the City of Fort Lauderdale;

 6  

 7         Thence South along the West line of said Lot 7

 8         and said municipal boundary to the Southwest

 9         corner of said Lot 7;

10  

11         Thence Easterly along the South line of Lots 7,

12         6 and 5 of said Twin Lakes plat and said

13         municipal boundary to the Southwest corner of

14         Lot 4 of said plat, said point being on the

15         municipal boundary of the City of Oakland Park,

16         as established by chapter 79-519, Laws of

17         Florida;

18  

19         Thence continuing along said municipal boundary

20         the following 4 courses:

21  

22         Thence Southerly to the Northeast corner of Lot

23         1, Block 4 of Stadium Park, as recorded in Plat

24         Book 53, Page 9, of the Public Records of

25         Broward County, Florida;

26  

27         Thence Southerly along the East line of Lots 1

28         thru 8, Block 4 of said Stadium Park, and the

29         East line of Lots 18 and 15, Block 3 of said

30         Stadium Park, to the Southeast corner of said

31         Lot 15;

                                  2

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






    Florida Senate - 2004        (NP)                      SB 3158
    32-2476-04                                      See CS/HB 1399




 1  

 2         Thence Southwesterly to the Northwest corner of

 3         Lot 1, Block 14 of Twin Lakes, as recorded in

 4         Plat Book 29, Page 23, of the Public Records of

 5         Broward County, Florida;

 6  

 7         Thence Southerly along the West line of Lots 1

 8         thru 4, Block 14, and the Southerly projection

 9         thereof to the Northeast corner of Lot 12,

10         Block 21 of said Twin Lakes, said point being

11         on the municipal boundary of the City of

12         Oakland Park, as established by Ordinance No.

13         0-81-20 of the City of Oakland Park;

14  

15         Thence Westerly, Southerly and Easterly along

16         said Lot 12 and said municipal boundary to the

17         Southeast corner thereof, said point also being

18         on the municipal boundary of the City of

19         Oakland Park, as established by chapter 79-519,

20         Laws of Florida;

21  

22         Thence continuing along said municipal boundary

23         the following 5 courses:

24  

25         Thence Southerly along the West line of Lots 3

26         and 4 of said Block 21 to the Southwest corner

27         of said Lot 4;

28  

29         Thence Westerly along the North right-of-way

30         line of N.W. 45 Court to the intersection with

31         the West right-of-way line of N.W. 10 Avenue;

                                  3

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






    Florida Senate - 2004        (NP)                      SB 3158
    32-2476-04                                      See CS/HB 1399




 1  

 2         Thence Southerly along the West right-of-way

 3         line of N.W. 10 Avenue to the Southeast corner

 4         of Lot 16, Block 24 of said Twin Lakes;

 5  

 6         Thence Westerly along the North right-of-way

 7         line of Prospect Field Road (N.W. 44 Street) to

 8         a point of intersection with the Northerly

 9         extension of the West right-of-way line of that

10         part of N.W. 10 Avenue lying South of said

11         Prospect Field Road (N.W. 44 Street);

12  

13         Thence Southwesterly along said Northerly

14         extension to a point on the centerline of

15         Prospect Field Road (N.W. 44 Street);

16  

17         Thence Northwesterly along said centerline to a

18         point on the West line of the Southwest

19         One-Quarter (SW 1/4), of the Southeast

20         One-Quarter (SE 1/4) of said Section 16, said

21         point also being on the municipal boundary of

22         the City of Tamarac, as established by

23         Ordinance No. 68-4 of the City of Tamarac;

24  

25         Thence Northerly along said West line and along

26         said municipal boundary to a point on the North

27         line of the South One-Half (S 1/2 of the

28         Southeast One-Quarter (SE 1/4) of said Section

29         16, said point also being on the municipal

30         boundary of the City of Fort Lauderdale, as

31         established by chapter 71-640, Laws of Florida;

                                  4

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






    Florida Senate - 2004        (NP)                      SB 3158
    32-2476-04                                      See CS/HB 1399




 1  

 2         Thence Easterly along said North line and said

 3         municipal boundary to the Northeast corner of

 4         the Southwest One-Quarter (SW 1/4), of the

 5         Southeast One-Quarter (SE 1/4) of said Section

 6         16;

 7  

 8         Thence Northerly along the West line of the

 9         East One-Half (E 1/2), of the East One-Half (E

10         1/2) of said Section 16 and along said

11         municipal boundary to the Southwest corner of

12         Lot 7, Block 5 of Twin Lakes, as recorded in

13         Plat Book 29, Page 23, of the Public Records of

14         Broward County, Florida, said point also being

15         on the municipal boundary of the City of Fort

16         Lauderdale, as established by Ordinance No.

17         C-88-82 of the City of Fort Lauderdale;

18  

19         Thence Easterly along the North line of Lot 6,

20         5 and 3, of said Block 5 also being the South

21         line of Lot 7, 8 and 2 of said Block 5 and

22         along said municipal boundary to the Northeast

23         corner of said Lot 3, said point also being on

24         the West right-of-way line of N.W. 11 Avenue as

25         shown on said plat of Twin Lakes;

26  

27         Thence Northerly along said West right-of-way

28         line also being the East line of Lots 2 and 1

29         of said Block 5 and the Northerly projection

30         thereof and along said municipal boundary to a

31         point on the South line of Parcel A of C.T.A.

                                  5

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






    Florida Senate - 2004        (NP)                      SB 3158
    32-2476-04                                      See CS/HB 1399




 1         Plat, as recorded in Plat Book 124, Page 33, of

 2         the Public Records of Broward County, Florida,

 3         said point also being on the municipal boundary

 4         of the City of Fort Lauderdale, as established

 5         by Ordinance No. C-84-59 of the City of Fort

 6         Lauderdale;

 7  

 8         Thence Easterly along said South line and said

 9         municipal boundary to the Southerly extension

10         of the West line of Block 1 of Stadium Park, as

11         recorded in Plat Book 53, Page 9, of the Public

12         Records of Broward County, Florida;

13  

14         Thence Northerly along said Southerly extension

15         and the West line of said Block 1 and said

16         municipal boundary to the Southwest corner of

17         Lot 13, Block 1 of said Stadium Park, said

18         point also being on the municipal boundary of

19         the City of Fort Lauderdale, as established by

20         chapter 79-459, Laws of Florida;

21  

22         Thence continuing along said municipal boundary

23         the following 4 courses:

24  

25  

26         Thence Easterly along the South line of Lots

27         13, 12, and 11 of said Block 1 to the Southeast

28         corner of said Lot 11;

29  

30         Thence continue Easterly along the South line

31         of the North 120 feet of Lots 1, 2, 3 and the

                                  6

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






    Florida Senate - 2004        (NP)                      SB 3158
    32-2476-04                                      See CS/HB 1399




 1         East 15 feet of Lot 4, Block 1 of said Twin

 2         Lakes, and the Easterly projection thereof to

 3         the West line of Lot 9, Block 2 of said Twin

 4         Lakes;

 5  

 6         Thence Southerly along said West line to the

 7         Southwest corner of said Lot 9;

 8  

 9         Thence Easterly along the South line of said

10         Lot 9 to the POINT OF BEGINNING.

11  

12         Section 3.  If at least one of the municipalities

13  referenced in section 1 of this act informs the Broward County

14  Legislative Delegation and the Broward County Board of County

15  Commissioners that it desires to appear on the ballot as

16  provided for in section 1, the Broward County Board of County

17  Commissioners shall schedule an election on November 2, 2004,

18  in accordance with the provisions of law relating to elections

19  currently in force in Broward County. The subject of such

20  election shall be the annexation of the Twin Lakes North

21  Area.  Only registered voters residing in the Twin Lakes North

22  Area as described in this act may vote in such election. On

23  the ballot provided for in this section shall appear the name

24  of each municipality that informed 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 voters residing in the Twin

28  Lakes North Area shall, by majority vote of the voters

29  participating in the election, choose one municipality for

30  annexation. In the event only one municipality has informed

31  the Broward County Legislative Delegation and the Broward

                                  7

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






    Florida Senate - 2004        (NP)                      SB 3158
    32-2476-04                                      See CS/HB 1399




 1  County Board of County Commissioners that it desires to appear

 2  on the ballot as provided for in section 1, the voters

 3  residing in the Twin Lakes North Area shall, by majority vote

 4  of the voters participating in the election, choose whether to

 5  join that municipality on September 15, 2005, or September 15,

 6  2006. A mail ballot shall not be used in this election.

 7  However, voters may vote by absentee ballot as provided by

 8  law.

 9         Section 4.  Upon a majority of the voters participating

10  in the election as provided in section 3 voting for

11  annexation, the Twin Lakes North Area described in section 2

12  shall be deemed a part of said municipality on September 15,

13  2005, pursuant to section 171.062, Florida Statutes, except as

14  provided for in this act.

15         Section 5.  An interlocal agreement shall be developed

16  between the governing bodies of Broward County and the

17  annexing municipality and executed prior to the effective date

18  of the annexation as provided for in section 4. The agreement

19  shall address infrastructure improvement projects and include

20  a financially feasible plan for transitioning county services,

21  buildings, infrastructure, waterways, and employees.

22         Section 6.  The Board of County Commissioners of

23  Broward County is hereby authorized to set the election

24  provided for in section 3 by general election for the time

25  period provided in this act at the cost of Broward County. A

26  mail ballot shall not be used for any election provided for in

27  this act. However, voters may vote by absentee ballot as

28  provided by law.

29         Section 7.  Upon annexation into a municipality, the

30  following shall govern the areas described in section 2:

31  

                                  8

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






    Florida Senate - 2004        (NP)                      SB 3158
    32-2476-04                                      See CS/HB 1399




 1         (1)  The present land use designations and zoning

 2  districts provided for under the Broward County Comprehensive

 3  Plan and Code of Ordinances of Broward County shall remain the

 4  law governing the Twin Lakes North Area, notwithstanding the

 5  fact that the Twin Lakes North Area is now a part of a

 6  municipality.

 7         (2)  Any change of zoning districts or land use

 8  designations may only be accomplished by enactment of the vote

 9  of the majority of the full governing body of the municipality

10  plus one.

11         (3)  Notwithstanding subsections (1) and (2), any use,

12  building, or structure that is legally in existence at the

13  time that the Twin Lakes North Area becomes a part of the

14  municipality, said use shall not be made a prohibited use by

15  the municipality, on the property of said use, for as long as

16  the use shall continue, and not be voluntarily abandoned.

17         Section 8.  Subsequent to the effective date of this

18  act, no change in land use designation or zoning shall be

19  effective within the limits of the lands subject to annexation

20  herein until the Twin Lakes North Area has been annexed into

21  the municipality; no annexation within the Twin Lakes North

22  Area by any municipality shall occur during the time period

23  between the effective date of this act and the effective date

24  of the annexation.

25         Section 9.  Subsequent to the effective date of the

26  annexation, any resident in the area to be annexed by this act

27  into the City of Fort Lauderdale or the City of Oakland Park

28  shall be deemed to have met any residency requirements for

29  candidacy for any municipal office.

30         Section 10.  Nothing in this act shall be construed to

31  affect or abrogate the rights of parties to any contracts,

                                  9

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






    Florida Senate - 2004        (NP)                      SB 3158
    32-2476-04                                      See CS/HB 1399




 1  whether the same be between Broward County and a third party

 2  or between nongovernmental entities, which contracts are in

 3  effect prior to the effective date of the annexation.

 4         Section 11.  All public roads and the public

 5  rights-of-way associated therewith, on the Broward County Road

 6  System, lying within the limits of the lands subject to

 7  annexation herein, as described in section 2, are transferred

 8  from Broward County jurisdiction to the jurisdiction of the

 9  annexing municipality, except for that portion of Prospect

10  Road described in section 2. All rights, title, interests, and

11  responsibilities for any transferred roads, including, but not

12  limited to, the ownership, operation, maintenance, planning,

13  design, and construction of said roads, and to the

14  rights-of-way associated therewith, shall transfer from

15  Broward County jurisdiction and ownership to the jurisdiction

16  and ownership of the annexing municipality upon the effective

17  date of the annexation.

18         Section 12.  This act shall take effect upon becoming a

19  law.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  10

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