Senate Bill sb3186

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    Florida Senate - 2004        (NP)                      SB 3186

    By Senator Campbell





    32-2602-04                                      See CS/HB 1485

  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 North Andrews Gardens; providing

  7         for an election; providing for an effective

  8         date of annexation; providing for an interlocal

  9         agreement; providing for a continuation of

10         certain Broward County regulations; providing

11         for the transfer of public roads and

12         rights-of-way; providing an 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 for the City of Fort Lauderdale and for the City of

18  Oakland Park, after having considered the effects of

19  annexation on the residents of both the North Andrews Gardens

20  area, as hereinafter described, and on the respective

21  municipality, shall inform the Broward County Legislative

22  Delegation and the Broward County Board of County

23  Commissioners of their desire to appear on the ballot as

24  provided for in this act.

25         Section 2.  If at least one of the municipalities

26  specified in section 1 informs the Broward County Legislative

27  Delegation and the Broward County Board of County

28  Commissioners that it desires to appear on the ballot, the

29  Broward County Board of County Commissioners shall schedule an

30  election on August 31, 2004, at the cost of Broward County, in

31  accordance with the provisions of law relating to elections

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    Florida Senate - 2004        (NP)                      SB 3186
    32-2602-04                                      See CS/HB 1485




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

 2  election shall be the annexation of the North Andrews Gardens

 3  Area. Only registered voters residing in the North Andrews

 4  Gardens Area as described in this act may vote in such

 5  election. On the ballot provided for in this section shall

 6  appear the name of each municipality which shall have informed

 7  the Broward County Legislative Delegation and the Broward

 8  County Board of County Commissioners that it desires to appear

 9  on the ballot as provided for in section 1. The voters

10  residing in the North Andrews Gardens Area shall, by majority

11  vote of the voters participating in the election, choose one

12  municipality for annexation. In the event only one

13  municipality shall have informed 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 voters residing in the North

17  Andrews Garden Area shall, by majority vote of the voters

18  participating in the election, choose whether to join that

19  municipality on September 15, 2005, or September 15, 2006. A

20  mail ballot shall not be used in this election. However,

21  voters may vote by absentee ballot as provided by law.

22         Section 3.  Legal description of the North Andrews

23  Gardens area:

24  

25         That portion of Sections 10, 11 and 15 Township

26         49 South, Range 42 East, Broward County,

27         Florida, described as follows:

28  

29         Begin at a point at the South right-of-way line

30         of East Commercial Boulevard and the West

31         right-of-way line of N.E. 6 Avenue, said point

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    Florida Senate - 2004        (NP)                      SB 3186
    32-2602-04                                      See CS/HB 1485




 1         being on the municipal boundary of the City of

 2         Oakland Park, as established by Chapter 79-519,

 3         Laws of Florida;

 4  

 5         Thence continuing along said municipal boundary

 6         the following 12 courses:

 7  

 8         Thence Southerly along the West right-of-way

 9         line of N.E. 6 Avenue to a point 100.19 feet

10         South of the South right-of-way line of N.E. 46

11         Street;

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13         Thence Westerly along the North line of

14         SEMINOLE WAREHOUSE PLAT ADDITION, Plat Book 39,

15         Page 32, Broward County Records, for 305.80

16         feet;

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18         Thence Southerly along the West line of said

19         SEMINOLE WAREHOUSE PLAT ADDITION, and SEMINOLE

20         WAREHOUSE PLAT, Plat Book 38, Page 8, of the

21         Broward County Records, to a point 75 feet

22         North of the North right-of-way line of N.E. 44

23         Street;

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25         Thence West parallel with the North

26         right-of-way line of  N.E. 44 Street to a point

27         on the West right-of-way line of N.E. 5 Avenue;

28  

29         Thence North along the West right-of-way line

30         of N.E. 5 Avenue to a point being 100 feet

31  

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    Florida Senate - 2004        (NP)                      SB 3186
    32-2602-04                                      See CS/HB 1485




 1         North of the North right-of-way line of N.E. 44

 2         Street;

 3  

 4         Thence West along a line parallel with and 100

 5         feet North of the North right-of-way line of

 6         N.E. 44 Street, to the N.W. corner of Lot 46,

 7         Block 9, NORTH ANDREWS GARDENS SECOND ADDITION,

 8         Plat Book 31, Page 39, Broward County Records;

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10         Thence Northerly to the N.E. corner of Lot 11,

11         Block 8, of said NORTH ANDREWS GARDENS SECOND

12         ADDITION;

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14         Thence Westerly along the North line of said

15         Lot 11, Block 8, to the East right-of-way line

16         of N.E. 1 Terrace; 

17  

18         Thence Northerly along said East right-of-way

19         line to the North right-of-way line of N.E. 45

20         Street;

21  

22         Thence Westerly along said North right-of-way

23         line to the West right-of-way line of N.W. 3

24         Avenue;

25  

26         Thence Southerly to a point 110 feet South of

27         the South right-of-way line of N.W. 45 Street;

28  

29         Thence Westerly to the Easterly right-of-way

30         line of Interstate 95, said point being on the

31         municipal boundary of the City of Oakland Park,

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    Florida Senate - 2004        (NP)                      SB 3186
    32-2602-04                                      See CS/HB 1485




 1         as established by Chapter 83-476, Laws of

 2         Florida;

 3  

 4         Thence Northerly along said Easterly

 5         right-of-way line and said municipal boundary

 6         to a point on the South line of Parcel A,

 7         STILES-BENTON PLAT, according to the plat

 8         thereof, as recorded in Plat Book 155, Page 34,

 9         of the Public Records of Broward County,

10         Florida, said point being on the municipal

11         boundary of the City of Fort Lauderdale, as

12         established by Ordinance No. C-94-41;

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14         Thence East, South, East and Northeast along

15         the Southerly line of said Parcel A to a point

16         on the Easterly right-of-way line of Interstate

17         95, said point being on the municipal boundary

18         of the City of Oakland Park, as established by

19         the aforesaid Chapter 83-476, Laws of Florida;

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21         Thence along said Easterly right-of-way line

22         and said municipal boundary to the West line of

23         the HARRAH PLAT, according to the plat thereof,

24         as recorded in Plat Book 100, Page 25, of the

25         Public Records of Broward County, Florida, said

26         point being on the municipal boundary of the

27         City of Fort Lauderdale, as established by

28         Ordinance No. C-94-16;

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30         Thence Southerly, along the West limits of said

31         HARRAH PLAT and said municipal boundary, for a

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    Florida Senate - 2004        (NP)                      SB 3186
    32-2602-04                                      See CS/HB 1485




 1         distance of 299.15 feet to the Southwest corner

 2         of said HARRAH PLAT;

 3  

 4         Thence Easterly, along the South line of said

 5         HARRAH PLAT and said municipal boundary, for a

 6         distance of 633.25 feet to the West

 7         right-of-way line of Northeast 9 Avenue, said

 8         point being on  the municipal boundary of the

 9         City of Oakland  Park, as established by

10         Chapter 75-452, Laws of Florida;

11  

12         Thence along said municipal boundary the

13         following 5 courses:

14  

15         Thence Southerly, along said West right of way

16         line, to a point 100 feet North of the North

17         right-of-way line of Northeast 58 Court;

18  

19         Thence Easterly for a distance of 400 feet;

20  

21         Thence Southerly to the North right-of-way line

22         of Northeast 58 Street;

23  

24         Thence Westerly to the West right-of-way line

25         of Northeast 9 Avenue;

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27         Thence Southerly, along said West right of way

28         line, to the North right-of-way line of

29         Northeast 56 Street, said point being on the

30         municipal boundary of the City of Oakland Park,

31         as established by Ordinance No. 562;

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    Florida Senate - 2004        (NP)                      SB 3186
    32-2602-04                                      See CS/HB 1485




 1  

 2         Thence Westerly, along said North right of way

 3         line and said municipal boundary, to the West

 4         right-of-way line of Northeast 6 Avenue;

 5  

 6         Thence Southerly, along said West right of way

 7         line and said municipal boundary, to the POINT

 8         OF BEGINNING.

 9  

10         Section 4.  Upon a majority of the registered voters

11  residing in the North Andrews Gardens area voting for

12  annexation into the City of Fort Lauderdale or the City of

13  Oakland Park, the North Andrews Gardens area described in

14  section 3 shall be deemed a part of said municipality on

15  September 15, 2005, pursuant to section 171.062, Florida

16  Statutes, except as provided for in this act.

17         Section 5.  An interlocal agreement shall be developed

18  between the governing bodies of Broward County and the

19  annexing municipality and executed prior to the effective date

20  of the annexation. The agreement shall address infrastructure

21  improvement projects and include a financially feasible plan

22  for transitioning county services, buildings, infrastructure,

23  waterways, and employees.

24         Section 6.  Upon annexation into the municipality, the

25  following shall govern the areas described in section 3:

26         (1)  The present land use designations and zoning

27  districts provided for under the Broward County Comprehensive

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

29  law governing the North Andrews Gardens area, notwithstanding

30  the fact that the North Andrews Gardens area is now a part of

31  a municipality.

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    Florida Senate - 2004        (NP)                      SB 3186
    32-2602-04                                      See CS/HB 1485




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

 2  designations may only be accomplished by enactment of the vote

 3  of the majority of the full governing body of the municipality

 4  plus one.

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

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

 7  time that the North Andrews Gardens area becomes a part of the

 8  municipality shall not be made a prohibited use by the

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

10  use shall continue, and not be voluntarily abandoned.

11         Section 7.  Subsequent to the effective date of this

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

13  effective within the limits of the lands subject to annexation

14  herein until the North Andrews Gardens area has been annexed

15  into the municipality; no annexation within the North Andrews

16  Gardens area by any municipality shall occur during the time

17  period between the effective date of this act and the

18  effective date of the annexation.

19         Section 8.  Any resident in the area to be annexed by

20  this act into the City of Fort Lauderdale or the City of

21  Oakland Park shall be deemed to have met any residency

22  requirements for candidacy for any municipal office.

23         Section 9.  Nothing in this chapter shall be construed

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

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

26  or between nongovernmental entities, which contracts are in

27  effect prior to the effective date of the annexation.

28         Section 10.  All public roads and the public

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

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

31  annexation herein, as described in section 3, are transferred

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    Florida Senate - 2004        (NP)                      SB 3186
    32-2602-04                                      See CS/HB 1485




 1  from Broward County jurisdiction to the jurisdiction of the

 2  annexing municipality, except for Andrews Avenue. All rights,

 3  title, interests, and responsibilities for any transferred

 4  roads, including, but not limited to, the ownership,

 5  operation, maintenance, planning, design, and construction of

 6  said roads and to the rights-of-way associated therewith,

 7  shall transfer from Broward County jurisdiction and ownership

 8  to the jurisdiction and ownership of the annexing municipality

 9  upon the effective date of the annexation.

10         Section 11.  This act shall take effect upon becoming a

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