HB 1127

CS

CHAMBER ACTION

1	The Local Government Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to Broward County; providing for extending
7	the corporate limits of the Town of Davie; providing for
8	annexation of the unincorporated area known as Broadview
9	Park; providing for an election; providing boundaries;
10	providing for an effective date of annexation; providing
11	for an interlocal agreement; providing for a continuation
12	of certain Broward County regulations; providing for the
13	transfer of public roads and rights-of-way; providing an
14	effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  No later than September 1, 2006, the Town of
19	Davie and the Broward County Board of County Commissioners may
20	enter into an interlocal agreement agreeing to the transition of
21	the annexation of Broadview Park, as defined in section 3, into
22	the Town of Davie.
23	Section 2.  If the Town of Davie and the Broward County
24	Board of County Commissioners enter into the interlocal
25	agreement as provided in section 1, the Broward County Board of
26	County Commissioners shall schedule an election on November 7,
27	2006, in accordance with the provisions of the law relating to
28	elections currently in force in Broward County. The subject of
29	said election shall be the annexation of the Broadview Park
30	Area. The voters residing in the Broadview Park Area shall, by
31	majority vote of the voters participating in the election,
32	choose whether to be annexed by the Town of Davie on September
33	15, 2008. A mail ballot shall not be used in this election.
34	However, voters may vote by absentee ballot as provided by law.
35	Section 3.  The Broadview Park Area is described as:
36
37	That portion of Sections 13, 14, 23 and 24, Township 50
38	South, Range 41 East and Section 18 Township 50 South,
39	Range 42 East, Broward County, Florida, described as
40	follows:
41
42	Beginning at a point on the boundary of the City of
43	Plantation established by Chapter 68-101 Laws of Florida,
44	being the Southeast corner of Tract 1, Tier 24, according
45	to Newman's Survey of Section 14, Township 50 South, Range
46	41 East, as recorded in Plat Book 2, Page 26, Public
47	Records of Dade County, Florida;
48
49	thence continuing along the said boundary of the City of
50	Plantation the following 6 courses;
51
52	thence Northeasterly along the East line of said Tier 24,
53	to the North line of said Section 13;
54
55	thence East along the said North line of Section 13 to a
56	point of intersection with the Northerly extension of the
57	Westerly line of Block 3, as shown by the plat of
58	LAUDERDALE HIGHLANDS as recorded in Plat Book 12, at Page
59	37, Public Records of Broward County, Florida;
60
61	thence Southwesterly along the Westerly line of said Block
62	3 and its Northerly extension thereof, to the
63	Southwesterly corner of Lot 11 of said Block 3;
64
65	thence Easterly along the Southerly line of said Lot 11
66	and its Easterly extension thereof, to a point of
67	intersection with the Easterly right-of-way line of
68	Highland Avenue, as shown by said plat of LAUDERDALE
69	HIGHLANDS;
70
71	thence Southwesterly along the Easterly right-of-way line
72	of said Highland Avenue to a point of intersection with
73	the South line of Block 1, as shown by said plat of
74	LAUDERDALE HIGHLANDS;
75
76	thence Easterly along the South line of said Block 1 and
77	its Easterly extension thereof to a point of intersection
78	with the East right-of-way line of State Road No.7, as
79	described in City of Fort Lauderdale annexing Resolution
80	No. 8519;
81
82	thence Southerly along the said east right-of-way line to
83	the North right-of-way line of Riverland Road and the
84	boundary of the Town of Davie as described in Chapter 84-
85	420, Laws of Florida;
86
87	thence continuing along said boundary of the Town of Davie
88	the following 10 courses;
89
90	thence Westerly along the Westerly prolongation of the
91	said North right-of-way line to the West right-of-way line
92	of State Road No.7;
93
94	thence Southerly along said West right-of-way line to a
95	point of intersection with a line 300 feet North of the
96	Southerly line of Tract 2, Tier 4, of said Newman's
97	Survey, as measured along the said Westerly right-of-way
98	line;
99
100	thence Northwesterly to a point on the Easterly right-of-
101	way line of Southwest 41st Avenue, being 298.34 feet
102	Northerly from the Southwest corner of said Tract 2, Tier
103	4;
104
105	thence Westerly to a point of intersection of the West
106	right-of-way line of Southwest 41st Avenue with the North
107	line of said Section 24;
108
109	thence Southwesterly along the said West right-of-way line
110	to the centerline of North New River Canal;
111
112	thence Southeasterly along said centerline to the Westerly
113	right-of-way line of State Road No.7;
114
115	thence Southwesterly along said West right-of-line to the
116	South bank of the North New River Canal;
117
118	thence Northwesterly along said South bank to the
119	Northerly extension of the West line of the East One-Half
120	of Tract 1, Tier 7 of said Newman's Survey;
121
122	thence Southwesterly along said Northerly extension to the
123	Northwest corner of the said East One-Half of Tract 1,
124	Tier 7, also being on the South right-of-way line of North
125	New River Canal;
126
127	thence Northwesterly along the said Southerly right-of-way
128	line to the Easterly line of Tier 21 of said Newman's
129	Survey;
130
131	thence Northwesterly, continuing on the boundary of the
132	Town of Davie, along the said Southerly right-of-way line
133	to the intersection with the Southwesterly extension of
134	the East line of the aforesaid Tract 1, Tier 24;
135
136	thence Northeasterly along said Southwesterly extension to
137	the Point of Beginning.
138
139
140	TOGETHER WITH:
141
142	That portion of Sections 7, 8, 14, 15, 16 and 17, Township
143	50 South, Range 41 East and  Sections 2, 3, 11 and 12,
144	Township 50 South, Range 40 East, Broward  County,
145	Florida, described as follows:
146
147	Beginning at a point on the boundary of the City of
148	Plantation established by Chapter 68-101, Laws of Florida,
149	being the Southeast corner of Tract 1, Tier 24, according
150	to Newman's Survey of Section 14, Township 50 South, Range
151	41 East, as recorded in Plat Book 2, Page 26, Public
152	Records of Dade County, Florida;
153
154	thence Northwesterly along the North right of way line of
155	the North New River Canal and along the boundary of the
156	City of Plantation established by said Chapter 68-101 and
157	by Ordinance 1008, Ordinance 568, and Ordinance 543, all
158	as adopted by the City of Plantation, to the intersection
159	with the West line of said Section 2;
160
161	thence continue Northwesterly along the North right of way
162	line of the North New River Canal and along the boundary
163	of the City of Sunrise established  by Ordinance 220-X and
164	Ordinance 257-X, as adopted by the City of Sunrise, to the
165	intersection with the West line of said Section 3;
166
167	thence Southerly along said West line and along the
168	boundary of the City of Sunrise established by Ordinance
169	269, as adopted by the City of Sunrise, to the South right
170	of way line of the North New River Canal;
171
172	thence Southeasterly along the said South right of way
173	line and along the boundary of the Town of Davie
174	established by Ordinance 74-44 and Ordinance 85-97 and by
175	Chapter 84-420, as adopted by the Town of Davie, to the
176	intersection with the Southwesterly extension of the East
177	line of Tier 24 of said Newman's Survey;
178
179	thence Northeasterly along the said Southwesterly
180	extension to the Point of Beginning.
181
182	Section 4.  Upon annexation into the Town of Davie, the
183	following shall govern the Broadview Park Area:
184	(1)  The present land use designations and zoning
185	districts provided for under the Broward County Comprehensive
186	Plan and Code of Ordinances of Broward County shall remain in
187	the law governing the Broadview Park Area, notwithstanding the
188	fact that the Broadview Park Area is now a part of the Town of
189	Davie.
190	(2) Any change of zoning districts or land use
191	designations may only be accomplished by enactment of the vote
192	of the majority of the full governing body of the Town of Davie
193	plus one.
194	(3)  Notwithstanding subsections (1) and (2), any use,
195	building, or structure that is legally in existence at the time
196	that the Broadview Park Area becomes a part of the Town of
197	Davie shall not be made a prohibited use by the municipality,
198	on the property of said use, for as long as the use shall
199	continue and not be voluntarily abandoned.
200	Section 5.  Subsequent to the effective date of this act,
201	no change in land use designation or zoning shall be effective
202	within the limits of the lands subject to annexation herein
203	until the Broadview Park Area has been annexed into the Town of
204	Davie. No annexation within the Broadview Park Area by any
205	municipality shall occur during the time period between the
206	effective date of this act and the effective date of the
207	annexation.
208	Section 6.  Subsequent to the effective date of this
209	annexation, any resident in the area to be annexed by this act
210	into the Town of Davie shall be deemed to have met any
211	residency requirements for candidacy for municipal office.
212	Section 7.  Nothing in this act shall be construed to
213	affect or abrogate the rights of parties to any contracts,
214	including contracts between nongovernmental entities, which
215	contracts are in effect prior to the effective date of the
216	annexation.
217	Section 8.  All public roads and the public rights-of-way
218	associated therewith, on the Broward County Road System,
219	including bridge structures 868303, 864024, 864022, 864096, and
220	864097, lying within the limits of the Broadview Park Area as
221	described in section 3, are transferred from Broward County
222	jurisdiction to the jurisdiction of the annexing municipality,
223	except for those portions of Hiatus Road, Nob Hill Road, Pine
224	Island Road, and Davie Boulevard and that portion of Peters
225	Road west of the Peters Road/Davie Boulevard intersection lying
226	within the annexation area. All rights, title, interests, and
227	responsibilities for any transferred roads, including, but not
228	limited to, the ownership, operation, maintenance, planning,
229	design, and construction of said roads and to the rights-of-way
230	associated therewith shall transfer from Broward County
231	jurisdiction and ownership to the jurisdiction and ownership of
232	the annexing municipality upon the effective date of the
233	annexation.
234	Section 9.  This act shall take effect upon becoming a law.

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