Senate Bill sb3198
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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.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. The legal description of the "Rock Island
17 Area" is as follows:
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19 That portion of Sections 28 and 29, Township 49
20 South, Range 42 East, Broward County, Florida,
21 described as follows:
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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;
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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;
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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;
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11 thence Northerly to the Northeast corner of Lot
12 4 in said Block 1;
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14 thence Westerly to the Northwest corner of said
15 Lot 4;
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17 thence Southerly to the Southwest corner of
18 said Lot 1 and the North right-of-way line of
19 NW 19 Street;
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21 thence Westerly along said North right-of-way
22 line to the East right-of-way line of NW 31
23 Avenue;
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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;
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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;
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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:
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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;
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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);
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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;
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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;
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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:
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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;
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17 thence Easterly along said South right-of-way
18 line to the East right-of-way line of NW 21
19 Avenue;
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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;
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25 thence East along said South line to the West
26 right-of-way line of the Seaboard Coastline
27 Railroad;
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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.
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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.
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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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