Senate Bill sb3192
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Florida Senate - 2004 (NP) SB 3192
By Senator Campbell
32-2600-04 See CS/HB 1391
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 Lauderdale Lakes or the City of Lauderhill;
5 providing for annexation of the unincorporated
6 area known as Boulevard Gardens; 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 Broward County regulations; providing
11 for the transfer of public roads and
12 rights-of-way; providing an effective date.
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14 WHEREAS, the Legislature understands that the Boulevard
15 Gardens area is not contiguous to either the City of
16 Lauderdale Lakes or the City of Lauderhill but that the
17 Boulevard Gardens area is part of the metropolitan Broward
18 County area and that Broward County desires to have all areas
19 of unincorporated Broward County annexed into one of the 30
20 municipalities within Broward County for municipal services
21 and that both the City of Lauderdale Lakes and the City of
22 Lauderhill are readily accessible to the area for municipal
23 services, NOW, THEREFORE,
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25 Be It Enacted by the Legislature of the State of Florida:
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27 Section 1. No later than July 1, 2004, the governing
28 bodies of the municipalities of the City of Lauderdale Lakes
29 and the City of Lauderhill, after having considered the
30 effects of annexation on the residents of both the Boulevard
31 Gardens area, as hereinafter described, and on the respective
1
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Florida Senate - 2004 (NP) SB 3192
32-2600-04 See CS/HB 1391
1 municipality, shall inform the Broward County Legislative
2 Delegation and the Broward County Board of County
3 Commissioners of their desire to appear on the ballot as
4 provided for in this act.
5 Section 2. If at least one of the municipalities
6 informs the Broward County Legislative Delegation and the
7 Broward County Board of County Commissioners that it desires
8 to appear on the ballot as provided for in section 1, the
9 Broward County Board of County Commissioners shall schedule an
10 election on November 2, 2004, in accordance with the
11 provisions of law relating to elections currently in force in
12 Broward County. The subject of such election shall be the
13 annexation of the Boulevard Gardens area. Only registered
14 voters residing in the Boulevard Gardens area as described in
15 this act may vote in such election. On the ballot provided for
16 in this section shall appear the name of each municipality
17 which shall have informed the Broward County Legislative
18 Delegation and the Broward County Board of County
19 Commissioners that it desires to appear on the ballot as
20 provided for in section 1. The voters residing in the
21 Boulevard Gardens area shall, by majority vote of the voters
22 participating in the election, choose to be annexed by one
23 municipality effective September 15, 2005. In the event only
24 one municipality shall have 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
28 Boulevard Gardens area shall, by majority vote of the voters
29 participating in the election, choose whether to join that
30 municipality on September 15, 2005, or September 15, 2006. A
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Florida Senate - 2004 (NP) SB 3192
32-2600-04 See CS/HB 1391
1 mail ballot shall not be used in this election. However,
2 voters may vote by absentee ballot as provided by law.
3 Section 3. The legal description of the Boulevard
4 Gardens area is as follows:
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6 That portion of Section 5, Township 50 South,
7 Range 42 East, Broward County, Florida,
8 described as follows:
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10 Begin at the Northwest corner of the Southwest
11 One-Quarter (SW 1/4) of said Section 5; thence
12 Easterly along the North line of said Southwest
13 One-Quarter (SW 1/4) to the Northwest corner of
14 the Southeast One-Quarter (SE 1/4) of said
15 Section 5;
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17 thence Easterly along the North line of said
18 Southeast One-Quarter (SE 1/4) to a point of
19 intersection with the West line of the East
20 One-Half (E 1/2) of the East One-Half (E 1/2)
21 of said Section 5, also being a point on the
22 municipal boundary of the City of Fort
23 Lauderdale, as established by Chapter 69-1057,
24 Laws of Florida;
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26 thence Southerly along said West line and said
27 municipal boundary to the point of intersection
28 with the North line of THE R.E.B. PLAT, as
29 recorded in Plat Book 74, Page 43, of the
30 Public Records of Broward County, Florida, said
31 point being on the municipal boundary of the
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Florida Senate - 2004 (NP) SB 3192
32-2600-04 See CS/HB 1391
1 City of Fort Lauderdale, as established by
2 Ordinance C-75-41 of the City of Fort
3 Lauderdale;
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5 thence continuing along said municipal boundary
6 the following 3 courses;
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8 thence Westerly along said North line for a
9 distance of 608.50 feet to the P.R.M.
10 (Permanent Reference Monument) at the Northwest
11 corner of said THE R.E.B. PLAT;
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13 thence Southeasterly along the arc of a curve
14 to the right, having a radius of 308.16 feet, a
15 central angle of 90°20'30", for an arc distance
16 of 485.89 feet to the P.R.M. at the point of
17 tangency;
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19 thence Southerly along the West line of said
20 THE R.E.B. PLAT for a distance of 40.00 feet to
21 the P.R.M. at the Southwest corner of said
22 plat, said point being on the municipal
23 boundary of the City of Fort Lauderdale, as
24 established by Ordinance C-00-72 of the City of
25 Fort Lauderdale;
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27 thence continuing along said municipal boundary
28 the following 3 courses;
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30 thence Southerly along the Easterly
31 right-of-way line of NW 25 Avenue, a 50 foot
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Florida Senate - 2004 (NP) SB 3192
32-2600-04 See CS/HB 1391
1 wide Road right of way, to the North line of
2 the South 250 feet of the Southeast One-Quarter
3 (SE 1/4) of said Section 5;
4
5 thence Easterly along said North line to the
6 East line of the West 100 feet of the East
7 820.76 feet of the West 1,860.75 feet of said
8 Southeast One-Quarter (SE 1/4);
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10 thence Southerly along said East line to the
11 North right-of-way line of Broward Boulevard;
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13 thence Westerly along said North right-of-way
14 line and along the municipal boundary of the
15 City of Fort Lauderdale, as established by
16 Chapter 69-1057, Laws of Florida, to the West
17 line of the Southwest One-Quarter (SW 1/4) of
18 said Section 5;
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20 thence Northerly along said West line to the
21 POINT OF BEGINNING.
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23 Section 4. An interlocal agreement shall be developed
24 between the governing bodies of Broward County and the
25 annexing municipality and executed prior to the effective date
26 of the annexation as provided for in section 2. The agreement
27 shall address infrastructure improvement projects and include
28 a financially feasible plan for transitioning county services,
29 buildings, infrastructure, waterways, and employees.
30 Section 5. Upon annexation into the municipality, the
31 following shall govern the areas described in section 3:
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Florida Senate - 2004 (NP) SB 3192
32-2600-04 See CS/HB 1391
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 Boulevard Gardens area, notwithstanding the
5 fact that the Boulevard Gardens 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 Boulevard Gardens area becomes a part of the
14 municipality shall not be made a prohibited use by the
15 municipality, on the property of said use, for as long as the
16 use shall continue, and not be voluntarily abandoned.
17 Section 6. 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 Boulevard Gardens area has been annexed into
21 the municipality; no annexation within the Boulevard Gardens
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 7. 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 Lauderdale Lakes or the City of Lauderhill
28 shall be deemed to have met any residency requirements for
29 candidacy for any municipal office.
30 Section 8. Nothing in this chapter shall be construed
31 to affect or abrogate the rights of parties to any contracts,
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Florida Senate - 2004 (NP) SB 3192
32-2600-04 See CS/HB 1391
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 9. All public roads, including bridge 860179,
5 and the public rights-of-way associated therewith, on the
6 Broward County Road System, lying within the limits of the
7 lands subject to annexation herein, as described in section 3,
8 are transferred from Broward County jurisdiction to the
9 jurisdiction of the annexing municipality, except for those
10 portions of NW 31 Avenue and NW 27 Avenue. All rights, title,
11 interests, and responsibilities for any transferred roads,
12 including, but not limited to, the ownership, operation,
13 maintenance, planning, design, and construction of said roads
14 and to the rights-of-way associated therewith shall transfer
15 from Broward County jurisdiction and ownership to the
16 jurisdiction and ownership of the annexing municipality upon
17 the effective date of the annexation.
18 Section 10. This act shall take effect upon becoming a
19 law.
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