Senate Bill sb2842

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    Florida Senate - 2006        (NP)                      SB 2842

    By Senator Rich





    34-1928A-06                                     See CS/HB 1127

  1                      A bill to be entitled

  2         An act relating to Broward County; providing

  3         for extending the corporate limits of the Town

  4         of Davie; providing for annexation of the

  5         unincorporated area known as Broadview Park;

  6         providing for an election; providing

  7         boundaries; providing for an effective date of

  8         annexation; providing for an interlocal

  9         agreement; providing for a continuation of

10         certain Broward County regulations; providing

11         for the transfer of public roads and

12         rights-of-way; providing an effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  No later than September 1, 2006, the Town

17  of Davie and the Broward County Board of County Commissioners

18  may enter into an interlocal agreement agreeing to the

19  transition of the annexation of Broadview Park, as defined in

20  section 3, into the Town of Davie.

21         Section 2.  If the Town of Davie and the Broward County

22  Board of County Commissioners enter into the interlocal

23  agreement as provided in section 1, the Broward County Board

24  of County Commissioners shall schedule an election on November

25  7, 2006, in accordance with the provisions of the law relating

26  to elections currently in force in Broward County. The subject

27  of said election shall be the annexation of the Broadview Park

28  Area. The voters residing in the Broadview Park Area shall, by

29  majority vote of the voters participating in the election,

30  choose whether to be annexed by the Town of Davie on September

31  15, 2008. A mail ballot shall not be used in this election.

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    Florida Senate - 2006        (NP)                      SB 2842
    34-1928A-06                                     See CS/HB 1127




 1  However, voters may vote by absentee ballot as provided by

 2  law.

 3         Section 3.  The Broadview Park Area is described as:

 4  

 5         That portion of Sections 13, 14, 23 and 24,

 6         Township 50 South, Range 41 East and Section 18

 7         Township 50 South, Range 42 East, Broward

 8         County, Florida, described as follows:

 9  

10         Beginning at a point on the boundary of the

11         City of Plantation established by Chapter

12         68-101 Laws of Florida, being the Southeast

13         corner of Tract 1, Tier 24, according to

14         Newman's Survey of Section 14, Township 50

15         South, Range 41 East, as recorded in Plat Book

16         2, Page 26, Public Records of Dade County,

17         Florida;

18  

19         thence continuing along the said boundary of

20         the City of Plantation the following 6 courses;

21  

22         thence Northeasterly along the East line of

23         said Tier 24, to the North line of said Section

24         13;

25  

26         thence East along the said North line of

27         Section 13 to a point of intersection with the

28         Northerly extension of the Westerly line of

29         Block 3, as shown by the plat of LAUDERDALE

30         HIGHLANDS as recorded in Plat Book 12, at Page

31         37, Public Records of Broward County, Florida;

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    Florida Senate - 2006        (NP)                      SB 2842
    34-1928A-06                                     See CS/HB 1127




 1  

 2         thence Southwesterly along the Westerly line of

 3         said Block 3 and its Northerly extension

 4         thereof, to the Southwesterly corner of Lot 11

 5         of said Block 3;

 6  

 7         thence Easterly along the Southerly line of

 8         said Lot 11 and its Easterly extension thereof,

 9         to a point of intersection with the Easterly

10         right-of-way line of Highland Avenue, as shown

11         by said plat of LAUDERDALE HIGHLANDS;

12  

13         thence Southwesterly along the Easterly

14         right-of-way line of said Highland Avenue to a

15         point of intersection with the South line of

16         Block 1, as shown by said plat of LAUDERDALE

17         HIGHLANDS;

18  

19         thence Easterly along the South line of said

20         Block 1 and its Easterly extension thereof to a

21         point of intersection with the East

22         right-of-way line of State Road No.7, as

23         described in City of Fort Lauderdale annexing

24         Resolution No. 8519;

25  

26         thence Southerly along the said east

27         right-of-way line to the North right-of-way

28         line of Riverland Road and the boundary of the

29         Town of Davie as described in Chapter 84-420,

30         Laws of Florida;

31  

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    Florida Senate - 2006        (NP)                      SB 2842
    34-1928A-06                                     See CS/HB 1127




 1         thence continuing along said boundary of the

 2         Town of Davie the following 10 courses;

 3  

 4         thence Westerly along the Westerly prolongation

 5         of the said North right-of-way line to the West

 6         right-of-way line of State Road No.7;

 7  

 8         thence Southerly along said West right-of-way

 9         line to a point of intersection with a line 300

10         feet North of the Southerly line of Tract 2,

11         Tier 4, of said Newman's Survey, as measured

12         along the said Westerly right-of-way line;

13  

14         thence Northwesterly to a point on the Easterly

15         right-of-way line of Southwest 41st Avenue,

16         being 298.34 feet Northerly from the Southwest

17         corner of said Tract 2, Tier 4;

18  

19         thence Westerly to a point of intersection of

20         the West right-of-way line of Southwest 41st

21         Avenue with the North line of said Section 24;

22  

23         thence Southwesterly along the said West

24         right-of-way line to the centerline of North

25         New River Canal;

26  

27         thence Southeasterly along said centerline to

28         the Westerly right-of-way line of State Road

29         No.7;

30  

31  

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    Florida Senate - 2006        (NP)                      SB 2842
    34-1928A-06                                     See CS/HB 1127




 1         thence Southwesterly along said West

 2         right-of-line to the South bank of the North

 3         New River Canal;

 4  

 5         thence Northwesterly along said South bank to

 6         the Northerly extension of the West line of the

 7         East One-Half of Tract 1, Tier 7 of said

 8         Newman's Survey;

 9  

10         thence Southwesterly along said Northerly

11         extension to the Northwest corner of the said

12         East One-Half of Tract 1, Tier 7, also being on

13         the South right-of-way line of North New River

14         Canal;

15  

16         thence Northwesterly along the said Southerly

17         right-of-way line to the Easterly line of Tier

18         21 of said Newman's Survey;

19  

20         thence Northwesterly, continuing on the

21         boundary of the Town of Davie, along the said

22         Southerly right-of-way line to the intersection

23         with the Southwesterly extension of the East

24         line of the aforesaid Tract 1, Tier 24;

25  

26         thence Northeasterly along said Southwesterly

27         extension to the Point of Beginning.

28  

29                      TOGETHER WITH:

30  

31  

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    Florida Senate - 2006        (NP)                      SB 2842
    34-1928A-06                                     See CS/HB 1127




 1         That portion of Sections 7, 8, 14, 15, 16 and

 2         17, Township 50 South, Range 41 East

 3         and  Sections 2, 3, 11 and 12, Township 50

 4         South, Range 40 East, Broward  County, Florida,

 5         described as follows:

 6  

 7         Beginning at a point on the boundary of the

 8         City of Plantation established by Chapter

 9         68-101, Laws of Florida, being the Southeast

10         corner of Tract 1, Tier 24, according to

11         Newman's Survey of Section 14, Township 50

12         South, Range 41 East, as recorded in Plat Book

13         2, Page 26, Public Records of Dade County,

14         Florida;

15  

16         thence Northwesterly along the North right of

17         way line of the North New River Canal and along

18         the boundary of the City of Plantation

19         established by said Chapter 68-101 and by

20         Ordinance 1008, Ordinance 568, and Ordinance

21         543, all as adopted by the City of Plantation,

22         to the intersection with the West line of said

23         Section 2;

24  

25         thence continue Northwesterly along the North

26         right of way line of the North New River Canal

27         and along the boundary of the City of Sunrise

28         established  by Ordinance 220-X and Ordinance

29         257-X, as adopted by the City of Sunrise, to

30         the intersection with the West line of said

31         Section 3;

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    Florida Senate - 2006        (NP)                      SB 2842
    34-1928A-06                                     See CS/HB 1127




 1  

 2         thence Southerly along said West line and along

 3         the boundary of the City of Sunrise established

 4         by Ordinance 269, as adopted by the City of

 5         Sunrise, to the South right of way line of the

 6         North New River Canal;

 7  

 8         thence Southeasterly along the said South right

 9         of way line and along the boundary of the Town

10         of Davie established by Ordinance 74-44 and

11         Ordinance 85-97 and by Chapter 84-420, as

12         adopted by the Town of Davie, to the

13         intersection with the Southwesterly extension

14         of the East line of Tier 24 of said Newman's

15         Survey;

16  

17         thence Northeasterly along the said

18         Southwesterly extension to the Point of

19         Beginning.

20  

21         Section 4.  Upon annexation into the Town of Davie, the

22  following shall govern the Broadview Park Area:

23         (1)  The present land use designations and zoning

24  districts provided for under the Broward County Comprehensive

25  Plan and Code of Ordinances of Broward County shall remain in

26  the law governing the Broadview Park Area, notwithstanding the

27  fact that the Broadview Park Area is now a part of the Town of

28  Davie.

29         (2) Any change of zoning districts or land use

30  designations may only be accomplished by enactment of the vote

31  

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    Florida Senate - 2006        (NP)                      SB 2842
    34-1928A-06                                     See CS/HB 1127




 1  of the majority of the full governing body of the Town of

 2  Davie plus one.

 3         (3)  Notwithstanding subsections (1) and (2), any use,

 4  building, or structure that is legally in existence at the

 5  time that the Broadview Park Area becomes a part of the Town

 6  of Davie shall not be made a prohibited use by the

 7  municipality, on the property of said use, for as long as the

 8  use shall continue and not be voluntarily abandoned.

 9         Section 5.  Subsequent to the effective date of this

10  act, no change in land use designation or zoning shall be

11  effective within the limits of the lands subject to annexation

12  herein until the Broadview Park Area has been annexed into the

13  Town of Davie. No annexation within the Broadview Park Area by

14  any municipality shall occur during the time period between

15  the effective date of this act and the effective date of the

16  annexation.

17         Section 6.  Subsequent to the effective date of this

18  annexation, any resident in the area to be annexed by this act

19  into the Town of Davie shall be deemed to have met any

20  residency requirements for candidacy for municipal office.

21         Section 7.  Nothing in this act shall be construed to

22  affect or abrogate the rights of parties to any contracts,

23  including contracts between nongovernmental entities, which

24  contracts are in effect prior to the effective date of the

25  annexation.

26         Section 8.  All public roads and the public

27  rights-of-way associated therewith, on the Broward County Road

28  System, including bridge structures 868303, 864024, 864022,

29  864096, and 864097, lying within the limits of the Broadview

30  Park Area as described in section 3, are transferred from

31  Broward County jurisdiction to the jurisdiction of the

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    Florida Senate - 2006        (NP)                      SB 2842
    34-1928A-06                                     See CS/HB 1127




 1  annexing municipality, except for those portions of Hiatus

 2  Road, Nob Hill Road, Pine Island Road, and Davie Boulevard and

 3  that portion of Peters Road west of the Peters Road/Davie

 4  Boulevard intersection lying within the annexation area. All

 5  rights, title, interests, and responsibilities for any

 6  transferred roads, including, but not limited to, the

 7  ownership, operation, maintenance, planning, design, and

 8  construction of said roads and to the rights-of-way associated

 9  therewith shall transfer from Broward County jurisdiction and

10  ownership to the jurisdiction and ownership of the annexing

11  municipality upon the effective date of the annexation.

12         Section 9.  This act shall take effect upon becoming a

13  law.

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