Senate Bill sb3198

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004        (NP)                      SB 3198

    By Senator Campbell





    32-2603A-04                                     See CS/HB 1487

  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; providing for annexation of

  5         the unincorporated area known as Rock Island;

  6         providing for an election; providing for an

  7         effective date of annexation; providing for an

  8         interlocal agreement; providing for

  9         continuation of certain Broward County

10         regulations; providing for transfer of public

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

12         date.

13  

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

15  

16         Section 1.  The legal description of the "Rock Island

17  Area" is as follows:

18  

19         That portion of Sections 28 and 29, Township 49

20         South, Range 42 East, Broward County, Florida,

21         described as follows:

22  

23         Beginning at a point on the municipal boundary

24         of the City of Fort Lauderdale, as established

25         by Chapter 69-1057, Laws of Florida, being the

26         intersection of the North Right of way line of

27         NW 19 Street with the West right-of-way line of

28         the Seaboard Coastline Railroad;

29  

30  

31  

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    Florida Senate - 2004        (NP)                      SB 3198
    32-2603A-04                                     See CS/HB 1487




 1         thence along said municipal boundary of the

 2         City of Fort Lauderdale, the following 7

 3         courses;

 4  

 5         thence westerly along said North right-of-way

 6         line of NW 19 Street to the Southeast corner of

 7         Lot 1, Block 1 of "North West Lauderdale," as

 8         recorded in Plat Book 25, Page 25, of the

 9         Public Records of Broward County, Florida;

10  

11         thence Northerly to the Northeast corner of Lot

12         4 in said Block 1;

13  

14         thence Westerly to the Northwest corner of said

15         Lot 4;

16  

17         thence Southerly to the Southwest corner of

18         said Lot 1 and the North right-of-way line of

19         NW 19 Street;

20  

21         thence Westerly along said North right-of-way

22         line to the East right-of-way line of NW 31

23         Avenue;

24  

25         thence Northerly along said East right-of-way

26         line to the North boundary of the South

27         one-half (S 1/2) of the South one-half (S 1/2)

28         of the Southwest one-quarter (SW 1/4) of said

29         Section 29;

30  

31  

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    Florida Senate - 2004        (NP)                      SB 3198
    32-2603A-04                                     See CS/HB 1487




 1         thence Westerly along said North boundary to

 2         the West line of said Section 29;

 3  

 4         thence along the municipal boundary of the City

 5         of Lauderdale Lakes, as established by

 6         Ordinance 40, of the City of Lauderdale Lakes,

 7         the following three (3) courses:

 8  

 9         thence North along said West line to the South

10         line of the Southwest one-quarter (SW 1/4) of

11         the Southwest one-quarter (SW 1/4) of the

12         Northwest one-quarter (NW 1/4) of said Section

13         29;

14  

15         thence East along said South line to the

16         Southeast corner of said Southwest one-quarter

17         (SW 1/4) of the Southwest one-quarter (SW 1/4)

18         of the Northwest one-quarter (NW 1/4);

19  

20         thence North along the East line of said

21         Southwest one-quarter (SW 1/4) of the Southwest

22         one-quarter (SW 1/4) of the Northwest

23         one-quarter (NW 1/4) to a line 35.00 feet north

24         of and parallel with the South line of the

25         North one-half (N 1/2) of said Section 29, also

26         being a point on the municipal boundary of the

27         City of Oakland Park, as established by

28         Ordinance 477, of the City of Oakland Park;

29  

30         thence along said municipal boundary of the

31         City of Oakland Park and along said parallel

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    Florida Senate - 2004        (NP)                      SB 3198
    32-2603A-04                                     See CS/HB 1487




 1         line to a line 100.00 feet west of and parallel

 2         with the East line of the West one-half (W 1/2)

 3         of the West one-half (W 1/2) of the Southwest

 4         one-quarter (SW 1/4) of the Northeast

 5         one-quarter (NE 1/4) of said Section 29;

 6  

 7         thence along the municipal boundary of the City

 8         of Oakland Park, as established by Chapter

 9         79-519, Laws of Florida, the following four (4)

10         courses:

11  

12         thence South along said parallel line, also

13         being a line 270.00 feet West of the West

14         right-of-way line of NW 26 Avenue, to the South

15         right-of-way line of NW 26 Street;

16  

17         thence Easterly along said South right-of-way

18         line to the East right-of-way line of NW 21

19         Avenue;

20  

21         thence North along said East right-of-way line

22         to the South line of the Northwest one-quarter

23         (NW 1/4) of said Section 28;

24  

25         thence East along said South line to the West

26         right-of-way line of the Seaboard Coastline

27         Railroad;

28  

29         thence along the municipal boundary of the City

30         of Oakland Park, as established by Chapter

31         83-476, Laws of Florida, and Southwesterly

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    Florida Senate - 2004        (NP)                      SB 3198
    32-2603A-04                                     See CS/HB 1487




 1         along said West right-of-way line to the Point

 2         of Beginning.

 3  

 4         Section 2.  The Broward County Board of County

 5  Commissioners shall schedule an election in accordance with

 6  the provisions of the law relating to elections currently in

 7  force in Broward County on November 2, 2004. The subject of

 8  said election shall be the annexation of the Rock Island Area.

 9  Only registered voters residing in the Rock Island Area as

10  described in this act may vote in said election. On the ballot

11  provided for in this section shall appear the City of Fort

12  Lauderdale. The voters residing in the Rock Island Area shall,

13  by majority vote of the voters participating in the election,

14  choose whether to join that city on September 15, 2005, or

15  September 15, 2006. A mail ballot shall not be used in this

16  election. However, voters may vote by absentee ballot as

17  provided by law.

18         Section 3.  Upon a majority of the registered voters

19  residing in the Rock Island Area voting for annexation into

20  the City of Fort Lauderdale, the Rock Island Area described in

21  section 1 shall be deemed a part of said municipality on

22  September 15, 2005, or September 15, 2006, pursuant to s.

23  171.062, Florida Statutes, except as provided for in this act.

24         Section 4.  An interlocal agreement shall be developed

25  between the governing bodies of Broward County and the

26  annexing municipality and executed prior to the effective date

27  of the annexation as provided for in section 3. The agreement

28  shall address infrastructure improvement projects and include

29  a financially feasible plan for transitioning county services,

30  buildings, infrastructure, waterways, and employees.

31  

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    Florida Senate - 2004        (NP)                      SB 3198
    32-2603A-04                                     See CS/HB 1487




 1         Section 5.  Upon annexation into a municipality, the

 2  following shall govern the areas described in section 1:

 3         (1)  The present land use designations and zoning

 4  districts provided for under the Broward County Comprehensive

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

 6  law governing the Rock Island Area, notwithstanding the fact

 7  that the Rock Island Area is now a part of a municipality.

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

 9  designations may only be accomplished by enactment of the vote

10  of the majority of the full governing body of the municipality

11  plus one.

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

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

14  time that the Rock Island Area becomes a part of the

15  municipality shall not be made a prohibited use by the

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

17  use shall continue, and not be voluntarily abandoned.

18         Section 6.  Subsequent to the effective date of this

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

20  effective within the limits of the lands subject to annexation

21  herein until the Rock Island Area has been annexed into the

22  municipality; no annexation within the Rock Island Area by any

23  municipality shall occur during the time period between the

24  effective date of this act and the effective date of the

25  annexation.

26         Section 7.  Any resident in the area to be annexed by

27  this act into the City of Fort Lauderdale shall be deemed to

28  have met any residency requirements for candidacy.

29         Section 8.  Nothing in this act shall be construed to

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

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

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    Florida Senate - 2004        (NP)                      SB 3198
    32-2603A-04                                     See CS/HB 1487




 1  or between nongovernmental entities, which contracts are in

 2  effect prior to the effective date of the annexation.

 3         Section 9.  All public roads and the public

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

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

 6  annexation herein, as described in section 1, are transferred

 7  from Broward County jurisdiction to the jurisdiction of the

 8  annexing municipality, except NW 31 Avenue and NW 21 Avenue,

 9  lying within the limits of the annexation area. All rights,

10  title, interests, and responsibilities for any transferred

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

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

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

14  shall transfer from Broward County jurisdiction and ownership

15  to the jurisdiction and ownership of the annexing municipality

16  upon the effective date of the annexation.

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

18  law.

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