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 September 1, 2006, the Town of
15Davie and the Broward County Board of County Commissioners may
16enter into an interlocal agreement agreeing to the transition of
17the annexation of Broadview Park, as defined in section 3, into
18the Town of Davie.
19     Section 2.  If the Town of Davie and the Broward County
20Board of County Commissioners enter into the interlocal
21agreement as provided in section 1, the Broward County Board of
22County Commissioners shall schedule an election on November 7,
232006, in accordance with the provisions of the law relating to
24elections currently in force in Broward County. The subject of
25said election shall be the annexation of the Broadview Park
26Area. The voters residing in the Broadview Park Area shall, by
27majority vote of the voters participating in the election,
28choose whether to be annexed by the Town of Davie on 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, Range
4241 East, as recorded in Plat Book 2, Page 26, Public
43Records 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 Block
583 and its Northerly extension thereof, to the
59Southwesterly corner of Lot 11 of said Block 3;
60
61thence Easterly along the Southerly line of said Lot 11
62and its Easterly extension thereof, to a point of
63intersection with the Easterly right-of-way line of
64Highland Avenue, as shown by said plat of LAUDERDALE
65HIGHLANDS;
66
67thence Southwesterly along the Easterly right-of-way line
68of said Highland Avenue to a point of intersection with
69the South line of Block 1, as shown by said plat of
70LAUDERDALE HIGHLANDS;
71
72thence Easterly along the South line of said Block 1 and
73its Easterly extension thereof to a point of intersection
74with the East right-of-way line of State Road No.7, as
75described in City of Fort Lauderdale annexing Resolution
76No. 8519;
77
78thence Southerly along the said east right-of-way line to
79the North right-of-way line of Riverland Road and the
80boundary of the Town of Davie as described in Chapter 84-
81420, Laws of Florida;
82
83thence continuing along said boundary of the Town of Davie
84the following 10 courses;
85
86thence Westerly along the Westerly prolongation of the
87said North right-of-way line to the West right-of-way line
88of State Road No.7;
89
90thence Southerly along said West right-of-way line to a
91point of intersection with a line 300 feet North of the
92Southerly line of Tract 2, Tier 4, of said Newman's
93Survey, as measured along the said Westerly right-of-way
94line;
95
96thence Northwesterly to a point on the Easterly right-of-
97way line of Southwest 41st Avenue, being 298.34 feet
98Northerly from the Southwest corner of said Tract 2, Tier
994;
100
101thence Westerly to a point of intersection of the West
102right-of-way line of Southwest 41st Avenue with the North
103line of said Section 24;
104
105thence Southwesterly along the said West right-of-way line
106to the centerline of North New River Canal;
107
108thence Southeasterly along said centerline to the Westerly
109right-of-way line of State Road No.7;
110
111thence Southwesterly along said West right-of-line to the
112South bank of the North New River Canal;
113
114thence Northwesterly along said South bank to the
115Northerly extension of the West line of the East One-Half
116of Tract 1, Tier 7 of said Newman's Survey;
117
118thence Southwesterly along said Northerly extension to the
119Northwest corner of the said East One-Half of Tract 1,
120Tier 7, also being on the South right-of-way line of North
121New River Canal;
122
123thence Northwesterly along the said Southerly right-of-way
124line to the Easterly line of Tier 21 of said Newman's
125Survey;
126
127thence Northwesterly, continuing on the boundary of the
128Town of Davie, along the said Southerly right-of-way line
129to the intersection with the Southwesterly extension of
130the East line of the aforesaid Tract 1, Tier 24;
131
132thence Northeasterly along said Southwesterly extension to
133the Point of Beginning.
134
135
136
TOGETHER WITH:
137
138That portion of Sections 7, 8, 14, 15, 16 and 17, Township
13950 South, Range 41 East and  Sections 2, 3, 11 and 12,
140Township 50 South, Range 40 East, Broward  County,
141Florida, described as follows:
142
143Beginning at a point on the boundary of the City of
144Plantation established by Chapter 68-101, Laws of Florida,
145being the Southeast corner of Tract 1, Tier 24, according
146to Newman's Survey of Section 14, Township 50 South, Range
14741 East, as recorded in Plat Book 2, Page 26, Public
148Records of Dade County, Florida;
149
150thence Northwesterly along the North right of way line of
151the North New River Canal and along the boundary of the
152City of Plantation established by said Chapter 68-101 and
153by Ordinance 1008, Ordinance 568, and Ordinance 543, all
154as adopted by the City of Plantation, to the intersection
155with the West line of said Section 2;
156
157thence continue Northwesterly along the North right of way
158line of the North New River Canal and along the boundary
159of the City of Sunrise established  by Ordinance 220-X and
160Ordinance 257-X, as adopted by the City of Sunrise, to the
161intersection with the West line of said Section 3;
162
163thence Southerly along said West line and along the
164boundary of the City of Sunrise established by Ordinance
165269, as adopted by the City of Sunrise, to the South right
166of way line of the North New River Canal;
167
168thence Southeasterly along the said South right of way
169line and along the boundary of the Town of Davie
170established by Ordinance 74-44 and Ordinance 85-97 and by
171Chapter 84-420, as adopted by the Town of Davie, to the
172intersection with the Southwesterly extension of the East
173line of Tier 24 of said Newman's Survey;
174
175thence Northeasterly along the said Southwesterly
176extension to the Point of Beginning.
177
178     Section 4.  Upon annexation into the Town of Davie, the
179following shall govern the Broadview Park Area:
180     (1)  The present land use designations and zoning
181districts provided for under the Broward County Comprehensive
182Plan and Code of Ordinances of Broward County shall remain in
183the law governing the Broadview Park Area, notwithstanding the
184fact that the Broadview Park Area is now a part of the Town of
185Davie.
186     (2) Any change of zoning districts or land use
187designations may only be accomplished by enactment of the vote
188of the majority of the full governing body of the Town of Davie
189plus one.
190     (3)  Notwithstanding subsections (1) and (2), any use,
191building, or structure that is legally in existence at the time
192that the Broadview Park Area becomes a part of the Town of
193Davie shall not be made a prohibited use by the municipality,
194on the property of said use, for as long as the use shall
195continue and not be voluntarily abandoned.
196     Section 5.  Subsequent to the effective date of this act,
197no change in land use designation or zoning shall be effective
198within the limits of the lands subject to annexation herein
199until the Broadview Park Area has been annexed into the Town of
200Davie. No annexation within the Broadview Park Area by any
201municipality shall occur during the time period between the
202effective date of this act and the effective date of the
203annexation.
204     Section 6.  Subsequent to the effective date of this
205annexation, any resident in the area to be annexed by this act
206into the Town of Davie shall be deemed to have met any
207residency requirements for candidacy for municipal office.
208     Section 7.  Nothing in this act shall be construed to
209affect or abrogate the rights of parties to any contracts,
210including contracts between nongovernmental entities, which
211contracts are in effect prior to the effective date of the
212annexation.
213     Section 8.  All public roads and the public rights-of-way
214associated therewith, on the Broward County Road System,
215including bridge structures 868303, 864024, 864022, 864096, and
216864097, lying within the limits of the Broadview Park Area as
217described in section 3, are transferred from Broward County
218jurisdiction to the jurisdiction of the annexing municipality,
219except for those portions of Hiatus Road, Nob Hill Road, Pine
220Island Road, and Davie Boulevard and that portion of Peters
221Road west of the Peters Road/Davie Boulevard intersection lying
222within the annexation area. All rights, title, interests, and
223responsibilities for any transferred roads, including, but not
224limited to, the ownership, operation, maintenance, planning,
225design, and construction of said roads and to the rights-of-way
226associated therewith shall transfer from Broward County
227jurisdiction and ownership to the jurisdiction and ownership of
228the annexing municipality upon the effective date of the
229annexation.
230     Section 9.  This act shall take effect upon becoming a law.


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