§ 20-8.9. Continuation of Existence of Community Redevelopment Agency as a Condition of Annexation; Municipality Required to Agree to Pay Tax Increment; Future Governance of Such Community Redevelopment Agency.

Each municipality proposing to annex a portion of the unincorporated area shall agree that any community redevelopment agency which is operating wholly or partially within the area proposed to be annexed at the time of the annexation shall continue to exist until the expiration of the life of the community redevelopment agency in accordance with the terms of the community redevelopment plan in existence on the date of the annexation or as otherwise provided by law. The municipality shall agree to pay, when due, the tax increment from municipal ad valorem tax revenues that Miami-Dade County would have been required to pay if the area were not annexed. The amount of such payments will be calculated on an annual basis by the County's Office of Management and Budget or successor office and shall be paid into the trust fund established pursuant to Section 163.387, Florida Statutes.

The governing body of the municipality shall have the right to approve any amendments to the community redevelopment plan or bond issuances that will extend the life of the community redevelopment agency that are proposed after the incorporation of the area, subject to approval by the Board of County Commissioners and applicable taxing authorities.

If the Board of County Commissioners is acting as the governing body of the community redevelopment agency, the Board of County Commissioners, in its sole discretion, may, upon the request of the municipality, delegate those certain delegable powers under Chapter 163, Part III, Florida Statutes, to the governing body of the new municipality or to a board of commissioners selected by the municipality that is to be established pursuant to Section 163.356, Florida Statues.

If the governing body of the community redevelopment agency is comprised of members appointed by the Board of County Commissioners, the municipality, the community redevelopment agency, Miami-Dade County and other taxing authorities will have to agree in order to delegate or transfer those certain delegable powers to the governing body of the municipality or to a board of commissioners selected by the municipality. If the delegable powers are not transferred to the governing body of the municipality, as provided herein, upon each vacancy in office of the governing body of the community redevelopment agency, the Board of County Commissioners, may in its sole discretion, allow the governing body of the municipality to fill the vacancy.

The provisions of this section shall be considered a condition of annexation. Every ordinance enacted to effectuate the annexation of unincorporated areas of the County to a municipality shall expressly set forth such conditions, unless this condition is waived by a 2/3's vote of the membership of the Board. Furthermore, the provisions of this section shall also be included in an interlocal agreement between the municipality, any non-County taxing authorities, and the Board of County Commissioners. Such interlocal shall be approved by the municipality and any non-County taxing authorities prior to the Board's adoption of an ordinance effectuating an annexation.

(Ord. No. 17-33, § 1, 6-6-2017)