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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CODING: Words stricken are deletions; words underlined are additions.
    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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CODING: Words stricken are deletions; words underlined are additions.
    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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CODING: Words stricken are deletions; words underlined are additions.
    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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