§ 20-28. Policy Regarding Incorporation and Annexation of Commercial, Business, or Industrial Areas.  


Latest version.
  • (1)

    Policy. It is the policy of the Board of County Commissioners that any proposed municipal incorporation which would result in a donor municipality having any Commercial Business or Industrial or "CBI Area" within its boundaries or any municipality that proposes the annexation of any CBI Area in the area it proposes to annex shall as a condition of incorporation or annexation, pay to the County 100% of the net excess of revenues minus expenses attributable to the CBI Area within the boundaries of the proposed municipality or the annexed area. In the case of incorporation, the agreement to pay net excess of revenues minus expenses shall be included in the charter of the proposed municipality. In the case of annexation, the agreement to pay net excess of revenues minus expenses shall be included in an interlocal agreement between the municipality and the County.

    (2)

    Exceptions: (a) Any annexing municipality having a below average per capita taxable value as compared to all other cities within Miami-Dade County, including UMSA, and an above average tax effort as compared to all other cities in Miami-Dade County, including UMSA, shall be exempt from the application of Section 1 to the extent necessary to achieve an average per capita taxable value. It is provided, however, that if after the annexation, the municipality reduces its tax effort to below the average tax effort as compared to all cities including UMSA, it shall pay a mitigation fee into a municipal services trust fund equal to the revenues generated in the proposed annexed area less the cost of services which the County provided to the area prior to annexation; (b) Any annexing municipality having a below average per capita taxable value as compared to all cities in Miami-Dade County, including UMSA, wherein over ten per cent (10%) of families or individuals are below the poverty level status, as reported by the United States Bureau of the Census, shall be exempt from the application of Section 1, provided they maintain their existing tax effort at the time of the annexation. Provided, however, the County may negotiate the terms of mitigation with such municipality.

    (3)

    Definitions. For purposes of this section, the term:

    (a)

    "Donor Municipality" is defined as a municipality where the revenue generated from the area as part of UMSA is more than the expenses incurred by the County to serve that area.

    (b)

    "Commercial, Business or Industrial Area ("CBI Area") is a high-value area used primarily for commercial, business or industrial purposes and each of which is identified and described in Composite Exhibit I hereto, which is incorporated herein by reference.

(Ord. No. 05-73, § 1, 4-19-05)

Editor's note

Ord. No. 05-73, § 1, adopted April 19, 2005, amended the Code with the addition of a new § 20-27. In order to avoid duplication of section numbers, the provisions of said ordinance have been included herein as § 20-28 at the discretion of the editor.