HB 1127

1
A bill to be entitled
2An act relating to Broward County; providing for extending
3the corporate limits of the Town of Davie; providing for
4annexation of the unincorporated area known as Broadview
5Park; providing for an election; providing boundaries;
6providing for an effective date of annexation; providing
7for an interlocal agreement; providing for a continuation
8of certain Broward County regulations; providing for the
9transfer of public roads and rights-of-way; providing an
10effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  No later than July 1, 2006, the Town of Davie
15and the Broward County Board of County Commissioners shall enter
16into an interlocal agreement agreeing to the transition of the
17annexation of Broadview Park, as defined in section 3, into the
18Town of Davie.
19     Section 2.  When the Town of Davie and the Broward County
20Board of County Commissioners enter into an interlocal agreement
21as provided in section 1, the Broward County Board of County
22Commissioners shall schedule an election in accordance with the
23provisions of the law relating to elections currently in force
24in Broward County on November 7, 2006. The subject of said
25election shall be the annexation of the Broadview Park Area. The
26voters residing in the Broadview Park Area shall, by majority
27vote of the voters participating in the election, choose whether
28to join the Town of Davie on September 15, 2007, or September
2915, 2008. A mail ballot shall not be used in this election.
30However, voters may vote by absentee ballot as provided by law.
31     Section 3.  The Broadview Park Area is described as:
32
33That portion of Sections 13, 14, 23 and 24, Township 50
34South, Range 41 East and Section 18, Township 50 South,
35Range 42 East, Broward County, Florida, described as
36follows:
37
38Beginning at a point on the boundary of the City of
39Plantation established by Chapter 68-101 Laws of Florida,
40being the Southeast corner of Tract 1, Tier 24, according
41to Newman's Survey of Section 14, Township 50 South,
42Range 41 East, as recorded in Plat Book 2, Page 26,
43Public Records of Dade County, Florida;
44
45thence continuing along the said boundary of the City of
46Plantation the following 6 courses;
47
48thence Northeasterly along the East line of said Tier 24,
49to the North line of said Section 13;
50
51thence East along the said North line of Section 13 to a
52point of intersection with the Northerly extension of the
53Westerly line of Block 3, as shown by the plat of
54LAUDERDALE HIGHLANDS as recorded in Plat Book 12, at Page
5537, Public Records of Broward County, Florida;
56
57thence Southwesterly along the Westerly line of said
58Block 3 and its Northerly extension thereof, to the
59Southwesterly corner of Lot 11 of said Block 3;
60thence Easterly along the Southerly line of said Lot 11
61and its Easterly extension thereof, to a point of
62intersection with the Easterly right-of-way line of
63Highland Avenue, as shown by said plat of LAUDERDALE
64HIGHLANDS;
65
66thence Southwesterly along the Easterly right-of-way line
67of said Highland Avenue to a point of intersection with
68the South line of Block 1, as shown by said plat of
69LAUDERDALE HIGHLANDS;
70
71thence Easterly along the South line of said Block 1 and
72its Easterly extension thereof to a point of intersection
73with the East right-of-way line of State Road No.7, as
74described in City of Fort Lauderdale annexing Resolution
75No. 8519;
76
77thence Southerly along the said east right-of-way line to
78the North right-of-way line of Riverland Road and the
79boundary of the Town of Davie as described in Chapter 84-
80420, Laws of Florida;
81
82thence continuing along said boundary of the Town of
83Davie the following 10 courses;
84
85thence Westerly along the Westerly prolongation of the
86said North right-of-way line to the West right-of-way
87line of State Road No.7;
88
89thence Southerly along said West right-of-way line to a
90point of intersection with a line 300 feet North of the
91Southerly line of Tract 2, Tier 4, of said Newman's
92Survey, as measured along the said Westerly right-of-way
93line;
94
95thence Northwesterly to a point on the Easterly right-of-
96way line of Southwest 41st Avenue, being 298.34 feet
97Northerly from the Southwest corner of said Tract 2, Tier
984;
99
100thence Westerly to a point of intersection of the West
101right-of-way line of Southwest 41st Avenue with the North
102line of said Section 24;
103
104thence Southwesterly along the said West right-of-way
105line to the centerline of North New River Canal;
106
107thence Southeasterly along said centerline to the
108Westerly right-of-way line of State Road No.7;
109
110thence Southwesterly along said West right-of-line to the
111South bank of the North New River Canal;
112
113thence Northwesterly along said South bank to the
114Northerly extension of the West line of the East One-Half
115of Tract 1, Tier 7 of said Newman's Survey;
116
117thence Southwesterly along said Northerly extension to
118the Northwest corner of the said East One-Half of Tract
1191, Tier 7, also being on the South right-of-way line of
120North New River Canal;
121
122thence Northwesterly along the said Southerly right-of-
123way line to the Easterly line of Tier 21 of said Newman's
124Survey;
125
126thence Northwesterly, continuing on the boundary of the
127Town of Davie, along the said Southerly right-of-way line
128to the intersection with the Southwesterly extension of
129the East line of the aforesaid Tract 1, Tier 24;
130
131thence Northeasterly along said Southwesterly extension
132to the POINT OF BEGINNING.
133
134     Section 4.  Upon annexation into the Town of Davie, the
135following shall govern the Broadview Park Area:
136     (1)  The present land use designations and zoning
137districts provided for under the Broward County Comprehensive
138Plan and Code of Ordinances of Broward County shall remain in
139the law governing the Broadview Park Area, notwithstanding the
140fact that the Broadview Park Area is now a part of the Town of
141Davie.
142     (2)  Any change of zoning districts or land use designations
143may only be accomplished by enactment of the vote of the majority
144of the full governing body of the Town of Davie plus one.
145     (3)  Notwithstanding subsections (1) and (2), any use,
146building, or structure that is legally in existence at the time
147that the Broadview Park Area becomes a part of the Town of
148Davie shall not be made a prohibited use by the municipality,
149on the property of said use, for as long as the use shall
150continue and not be voluntarily abandoned.
151     Section 5.  Subsequent to the effective date of this act,
152no change in land use designation or zoning shall be effective
153within the limits of the lands subject to annexation herein
154until the Broadview Park Area has been annexed into the Town of
155Davie. No annexation within the Broadview Park Area by any
156municipality shall occur during the time period between the
157effective date of this act and the effective date of the
158annexation.
159     Section 6.  Subsequent to the effective date of this
160annexation, any resident in the area to be annexed by this act
161into the Town of Davie shall be deemed to have met any
162residency requirements for candidacy for municipal office.
163     Section 7.  Nothing in this act shall be construed to
164affect or abrogate the rights of parties to any contracts,
165including contracts between nongovernmental entities, which
166contracts are in effect prior to the effective date of the
167annexation.
168     Section 8.  All public roads and the public rights-of-way
169associated therewith, on the Broward County Road System,
170including bridge structures 868303, 864024, 864022, 864096, and
171864097, lying within the limits of the Broadview Park Area as
172described in section 3, are transferred from Broward County
173jurisdiction to the jurisdiction of the annexing municipality,
174except for those portions of Hiatus Road, Nob Hill Road, Pine
175Island Road, and Davie Boulevard and that portion of Peters
176Road west of the Peters Road-Davie Boulevard intersection lying
177within the annexation area. All rights, title, interests, and
178responsibilities for any transferred roads, including, but not
179limited to, the ownership, operation, maintenance, planning,
180design, and construction of said roads and to the rights-of-way
181associated therewith shall transfer from Broward County
182jurisdiction and ownership to the jurisdiction and ownership of
183the annexing municipality upon the effective date of the
184annexation.
185     Section 9.  This act shall take effect upon becoming a law.


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