Senate Bill sb3174

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    Florida Senate - 2004        (NP)                      SB 3174

    By Senator Campbell





    32-2608-04                                      See CS/HB 1417

  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 Pompano Beach; providing for annexation of

  5         specified unincorporated areas; providing for

  6         an interlocal agreement; providing for

  7         continuation of certain Broward County

  8         regulations; providing for the transfer of

  9         Broward County roads and rights-of-way;

10         providing an effective date.

11  

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

13  

14         Section 1.  Effective September 15, 2004, the following

15  described lands shall be annexed into and become a part of the

16  City of Pompano Beach:

17  

18         That portion of Sections  22, 23, 24, 25 and

19         26, Township 48 South, Range 42 East, Broward

20         County, Florida, described as follows:

21  

22         BEGINNING at the intersection of the Easterly

23         right-of-way line of the Florida East Coast

24         Railway as described in Ordinance No. 80-38 of

25         the City Commission of the City of Pompano

26         Beach with the South right-of-way line of N.E.

27         24 Street (Copans Road), as described in said

28         Ordinance No. 80-38;

29  

30         Thence Northwesterly and Westerly along said

31         South right-of-way line and along the municipal

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    Florida Senate - 2004        (NP)                      SB 3174
    32-2608-04                                      See CS/HB 1417




 1         boundary of the City of Pompano Beach, as

 2         described in said Ordinance No. 80-38, through

 3         said Section 25 and into said Section 26, to

 4         the East line of the West half of said Section

 5         26;

 6  

 7         Thence Northerly along said East line and along

 8         the municipal boundary of the City of Pompano

 9         Beach, as described in Chapter 69-1513, Laws

10         of  Florida, to the North line of the West

11         One-Half (W 1/2) of said Section 26;

12  

13         Thence Westerly along said North line, along

14         the South line of the Southeast One-Quarter (SE

15         1/4) of said Section 22 and along said

16         municipal boundary, to the Easterly

17         right-of-way line of the Seaboard Coastline

18         Railroad;

19  

20         Thence Northeasterly along said Easterly

21         right-of-way line and along the municipal

22         boundary of the City of Pompano Beach, as

23         described in Chapter 2000-458, Laws of Florida,

24         to the Westerly right-of-way line of Interstate

25         95 (State Road No. 9) as shown on Florida

26         Department of Transportation Right-of-way Map

27         (Section 86070-2413);

28  

29         Thence North 88°30'27" East along said Westerly

30         right-of-way line and the South line of a

31         parcel described in Ordinance No. 90-53 of the

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    Florida Senate - 2004        (NP)                      SB 3174
    32-2608-04                                      See CS/HB 1417




 1         City Commission of the City of Pompano Beach,

 2         Florida, a distance of 277.01 feet;

 3  

 4         Thence North 59°00'27" East along said Westerly

 5         right-of-way line and the Southerly line of

 6         said parcel, a distance of 88.64 feet;

 7  

 8         Thence North 29°30'27" East along said Westerly

 9         right-of-way line and the Easterly line of said

10         parcel, a distance of 435.76 feet to the point

11         of curvature of a curve concave to the

12         Southeast;

13  

14         Thence Northeasterly along said Westerly

15         right-of-way line and the Easterly line of

16         a  parcel described in Ordinance No. 90-54 of

17         the City Commission of the City of Pompano

18         Beach, Florida, and along the arc of said

19         curve, having a radius of 772.00 feet and a

20         central angle of 43°27'07", an arc distance of

21         585.47 feet to a point of tangency;

22  

23         Thence continuing along the boundary of said

24         parcel  described in said Ordinance No. 90-54,

25         the  following 12 courses;

26  

27         North 73°03'48" East along said Westerly

28         right-of-way line, a distance of 679.79 feet to

29         the point of curvature of a curve concave to

30         the Northwest;

31  

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    Florida Senate - 2004        (NP)                      SB 3174
    32-2608-04                                      See CS/HB 1417




 1         Northeasterly along said Westerly right-of-way

 2         line and the arc of said curve, having a radius

 3         of 901.74 feet and a central angle of

 4         31°24'05", an arc distance of 494.20 feet to a

 5         point of tangency;

 6  

 7         North 41°39'43" East along said Westerly

 8         right-of-way line, a distance of 474.37 feet;

 9  

10         North 37°39'43" East along said Westerly

11         right-of-way line, a distance of 929.07 feet to

12         a point of curvature of a curve concave to the

13         Northwest;

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15         Northeasterly along the Westerly right-of-way

16         line and the arc of said curve, having a radius

17         of 3300.52 feet, a central angle of 03°19'12",

18         an arc distance of 191.25 feet to the North

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

20         said Section 23;

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22         South 88°36'48" West along said North line, a

23         distance of 1242.61 feet to the East line of

24         the West One-Half (W 1/2) of the Northwest

25         One-Quarter (NW 1/4) of said Section 23;

26  

27         North 01°31'35" West along said East line, a

28         distance of 1960.40 feet to the North line of

29         the South One-Half (S 1/2) of the Northwest

30         One-Quarter (NW 1/4) of the Northwest

31         One-Quarter (NW 1/4) of said Section 23;

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    Florida Senate - 2004        (NP)                      SB 3174
    32-2608-04                                      See CS/HB 1417




 1  

 2         South 88°40'22" West along said North line, a

 3         distance of 564.24 feet;

 4  

 5         North 01°17'56" West, a distance of 153.74

 6         feet;

 7  

 8         South 88°42'03" West, a distance of 100.00

 9         feet;

10  

11         South 01°17'56" East, a distance of 208.79 feet

12         to a line 55.00 feet South of and parallel with

13         the North line of the South One-Half (S 1/2) of

14         the Northwest One-Quarter (NW 1/4) of the

15         Northwest One-Quarter (NW 1/4) of said Section

16         23;

17  

18         South 88°40'22" West along said parallel line,

19         a distance of 285.52 feet to the Easterly

20         right-of-way line of the Seaboard Coastline

21         Railroad, being a point on the municipal

22         boundary of the City of Pompano Beach, as

23         described in Chapter 2000-458, Laws of Florida;

24  

25         Thence Northeasterly along said municipal

26         boundary and along said Easterly right-of-way

27         line to the centerline of N.W. 36 Street

28         (Sample Road);

29  

30         Thence Easterly along said centerline to the

31         Easterly right-of-way line of the Florida East

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    Florida Senate - 2004        (NP)                      SB 3174
    32-2608-04                                      See CS/HB 1417




 1         Coast Railway, being a point on the municipal

 2         boundary of the City of Pompano Beach, as

 3         described in Chapter 2000-476, Laws of Florida;

 4  

 5         Thence Southwesterly along said Easterly

 6         right-of-way line and along said municipal

 7         boundary to the POINT OF BEGINNING.

 8  

 9         Section 2.  An interlocal agreement shall be developed

10  between the governing bodies of Broward County and the City of

11  Pompano Beach and executed prior to the effective date of the

12  annexation as provided for in section 1. The agreement shall

13  include a financially feasible plan for transitioning county

14  services, buildings, infrastructure, waterways, and employees.

15         Section 3.  Upon annexation into the municipality, the

16  following shall govern the areas described in section 1:

17         (1)  The present land use designations and zoning

18  districts provided for under the Broward County Comprehensive

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

20  law governing the area described in section 1, notwithstanding

21  the fact that the area described in section 1 is now a part of

22  a municipality.

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

24  designations may only be accomplished by enactment of the vote

25  of the majority of the full governing body of the municipality

26  plus one.

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

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

29  time that the area described in section 1 becomes a part of

30  the municipality, said use shall not be made a prohibited use

31  

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    Florida Senate - 2004        (NP)                      SB 3174
    32-2608-04                                      See CS/HB 1417




 1  by the municipality, on the property of said use, for as long

 2  as the use shall continue and not be voluntarily abandoned.

 3         Section 4.  Subsequent to the effective date of this

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

 5  effective within the limits of the lands subject to annexation

 6  herein until the area described in section 1 has been annexed

 7  into the municipality; and no annexation within the area

 8  described in section 1 by any municipality shall occur during

 9  the time period between the effective date of this act and the

10  effective date of the annexation.

11         Section 5.  Subsequent to the effective date of the

12  annexation, any resident in the area to be annexed into the

13  City of Pompano Beach by this act shall be deemed to have met

14  any residency requirements for candidacy for any municipal

15  office.

16         Section 6.  Nothing in this chapter shall be construed

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

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

19  or between nongovernmental entities, which contracts are in

20  effect prior to the effective date of the annexation.

21         Section 7.  All public roads on the Broward County Road

22  System, and the public rights-of-way associated therewith,

23  lying within the limits of the lands subject to annexation

24  herein, as described in section 1, are transferred from

25  Broward County jurisdiction to the jurisdiction of the City of

26  Pompano Beach. All rights, title, interests, and

27  responsibilities for such transferred roads, including, but

28  not limited to, the ownership, operation, maintenance,

29  planning, design, and construction of said roads and the

30  rights-of-way associated therewith shall transfer from Broward

31  County jurisdiction and ownership to the jurisdiction and

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    Florida Senate - 2004        (NP)                      SB 3174
    32-2608-04                                      See CS/HB 1417




 1  ownership of the City of Pompano Beach upon the effective date

 2  of the annexation.

 3         Section 8.  This act shall take effect upon becoming a

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