§ 20-26. Future Municipalities' Obligations to the County.

(a)

As a condition of incorporation approved pursuant to Article 6 of the Miami-Dade County Home Rule Charter, each new municipality shall include a provision in its charter and shall agree to remain a part of the Miami-Dade County Fire-Rescue District and the Miami-Dade County Library System in perpetuity.

(b)

As a condition of incorporation approved pursuant to Article 6 of the Miami-Dade County Home Rule Charter, each new municipality shall include a provision in its charter and shall agree in perpetuity to contract with the Miami-Dade County Police Department ("MDPD") and pay for specialized police services from its municipal millage or other municipal funds. For purposes of this subsection, specialized police services include, but are not limited to, narcotics, criminal intelligence, economic crimes, homicide, robbery, sexual crimes, environmental crimes, domestic crimes, and crime scene investigations; property and evidence efforts; tactical operations activities; and aviation patrol.

(c)

As a condition of incorporation approved pursuant to Article 6 of the Miami-Dade County Home Rule Charter, each new municipality shall include a provision in its charter and shall agree to contract with the Miami-Dade County Police Department ("MDPD") and pay for local patrol police services for three years or such longer period of time as may be requested by the municipality.

(d)

The fiscal impact of an incorporation on the remainder of the unincorporated area shall be revenue neutral; provided, however, any municipality which does not meet the foregoing requirement, as a condition of incorporation pursuant to Article 6 of the Miami-Dade County Home Rule Charter, shall agree to make an annual mitigation payment to the County's Municipal Services Trust Fund in the Unincorporated Municipal Service Area Budget, the amount of which shall be determined by the Board of County Commissioners, in the event of a negative fiscal impact of the municipality's incorporation on the unincorporated area. For purposes of this subsection, "a revenue neutral municipality" is defined as an area that previously, as part of the unincorporated municipal service area, generated revenues equal to or less than the cost of services provided to the area by the County. Any annual mitigation amount determined by the Board of County Commissioners pursuant to the provisions of this paragraph shall be established so as not to trigger "most-favored-nation-status" clauses which are contained in any municipal charter.

(e)

As a condition of incorporation approved pursuant to Article 6 of the Miami-Dade County Home Rule Charter, each new municipality shall include in its charter that such municipality shall be responsible for (i) its pro-rata share of any County debt outstanding at the time the municipality incorporates and with respect to the Stormwater Utility, outstanding at the time the municipality elects to be separate from the Stormwater Utility through an interlocal agreement or by exemption and (ii) its prorata share of any refunding of such debt. The municipality's annual pro-rata share of debt service shall be determined by multiplying the total debt service in each Fiscal Year by the municipality's percentage share of pledged revenues (revenues pledged by the County to the repayment of the debt). The municipality's percentage share shall be determined by dividing the pledged revenues collected within the municipality during the County's Fiscal Year in which municipality incorporates, and with respect to the Stormwater Utility in the Fiscal Year in which the municipality elects to separate from the Stormwater Utility district; by the total pledged revenues collected in that same Fiscal Year. It is further provided that the municipality's charter shall authorize the County to continue to collect and distribute the pledged revenues in a manner that is consistent with the requirements of the debt and shall recognize the municipality's obligations pursuant to this subsection.

(f)

The Board of County Commissioners may by way of resolution allow the distribution of existing unincorporated bond proceeds to municipalities created after September 1, 2000 for the same type of project originally described in the bond documents.

(g)

As a condition of incorporation approved pursuant to Article 6 of the Miami-Dade County Home Rule Charter, each new municipality, as a part of its charter, shall provide for adoption of Miami-Dade County's workforce housing development program established at Chapter 33, Article XIIA of the Code of Miami-Dade County, as amended, provided, however, that any municipality may establish and enforce more stringent regulations as necessary to ensure provision of workforce housing units within its jurisdiction.

(h)

As a condition of incorporation approved pursuant to Article 6 of the Miami-Dade County Home Rule Charter, each new municipality shall provide, as a part of the charter, that the Board of County Commissioners retains jurisdiction over the modification or deletion of (i) declarations of restrictive covenants accepted by either the Board of County Commissioners or a Community Zoning Appeals Board in connection with a Comprehensive Development Master Plan application or zoning application, and (ii) development agreements subject to the Florida Local Government Development Agreement Act (Sections 163.3220—163.3243, Florida Statutes, regardless of whether such declaration or agreement provides for modification or deletion by a successor governmental body. It is provided, however, that the Board of County Commissioners may not exercise such jurisdiction unless the applicable municipality has first approved the modification or deletion.

(i)

As a condition of incorporation approved pursuant to Article 6 of the Miami-Dade County Home Rule Charter, each new municipality shall agree that any community redevelopment agency which is operating wholly or partially within the boundaries of the municipality at the time of the incorporation of the municipality 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 that the new municipality is incorporated or as otherwise provided by law. The new municipality shall also 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 these payments will be calculated on an annual basis by the County's Office of Management and Budget or successor office.

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 municipality or to a board of commissioners established in accordance with Section 163.356, Florida Statutes.

If the governing body of the community redevelopment agency is comprised of members appointed by the Board of County Commissioners, the new 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 new municipality or to a board of commissioners selected by the municipality. If the delegable powers are not transferred to the governing body of the new 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 incorporation of a new municipality. Therefore, unless waived by a two-thirds (⅔) vote of the membership of the Board of County Commissioners, (1) any ordinance of the Board of County Commissioners authorizing the incorporation of an area containing a community redevelopment agency, in whole or in part, shall set forth the provisions of this section as a condition of incorporation and (2) each new municipality shall include a provision in its charter and enter into an interlocal agreement agreeing to the requirements of this section.

(Ord. No. 02-26, § 2, 2-26-02; Ord. No. 05-97, § 2, 5-17-05; Ord. No. 05-98, § 1, 5-17-05; Ord. No. 05-142, § 2, 7-7-05; Ord. No. 07-05, § 20, 1-25-07; Ord. No. 08-51, § 1, 5-6-08; Ord. No. R-13-06, § 2, 1-23-13; Ord. No. 17-33, § 2, 6-6-17; Ord. No. 17-43, § 10, 7-6-17)