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:
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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
1
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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:
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25 That portion of Sections 10, 11 and 15 Township
26 49 South, Range 42 East, Broward County,
27 Florida, described as follows:
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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;
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5 Thence continuing along said municipal boundary
6 the following 12 courses:
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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;
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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;
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18 Thence Northerly along said East right-of-way
19 line to the North right-of-way line of N.E. 45
20 Street;
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22 Thence Westerly along said North right-of-way
23 line to the West right-of-way line of N.W. 3
24 Avenue;
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26 Thence Southerly to a point 110 feet South of
27 the South right-of-way line of N.W. 45 Street;
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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;
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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;
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12 Thence along said municipal boundary the
13 following 5 courses:
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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;
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19 Thence Easterly for a distance of 400 feet;
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21 Thence Southerly to the North right-of-way line
22 of Northeast 58 Street;
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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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CODING: Words stricken are deletions; words underlined are additions.
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.
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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
11 law.
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