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ORDINANCE CHANGING THE BOUNDARIES OF THE CITY OF SWEETWATER, FLORIDA, AND AMENDING THE CITY�S MUNICIPAL CHARTER TO PROVIDE FOR THE ANNEXATION OF CERTAIN LANDS, PURSUANT TO SECTION 6.04(B) OF THE HOME RULE CHARTER AND CHAPTER 20 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; RELATING TO AREA REFERRED TO AS THE WEST ANNEXATION AREA, BOUNDED ON THE NORTH BY NW 25 STREET, ON THE SOUTH BY NW 12 STREET, ON THE EAST BY NW 117 AVENUE, AND ON THE WEST BY NW 137 AVENUE; PROVIDING FOR RESERVATION TO THE COUNTY OF UTILITY TAX REVENUES; PROVIDING FOR COUNTY RETENTION OF RESIDENTIAL GARBAGE AND REFUSE COLLECTION AND DISPOSAL UNLESS CERTAIN CIRCUMSTANCES OCCUR; REQUIRING PAYMENT OF CERTAIN OUTSTANDING DEBT SERVICE ATTRIBUTABLE TO THE ANNEXATION AREA; PROVIDING FOR COUNTY RETENTION OF JURISDICTION OVER CERTAIN DECLARATIONS OF RESTRICTIVE COVENANTS AND AREAS AND FACILITIES OF COUNTYWIDE SIGNIFICANCE; PROVIDING FOR CONTINGENT EFFECTIVE DATE; PROVIDING FOR INTERDEPENDENCY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

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WHEREAS, section 6.04(B) of the Miami-Dade County Home Rule Charter and chapter 20 of the Code of Miami-Dade County (�Code�) authorize the Board of County Commissioners (�Board�) to approve changes to municipal boundaries; and
WHEREAS, on September 24, 2020, the City of Sweetwater (�City�) submitted an application for the annexation of the unincorporated area referred to in the City�s application as the West Annexation Area, adjacent to the City; and
WHEREAS, on October 5, 2021, the Board adopted County Resolution No. R-854-21 directing the County Attorney to prepare the appropriate ordinance and interlocal agreement to effectuate the annexation request; and
WHEREAS, the County does not have any other pending applications for the annexation of the West Annexation Area or any portion thereof; and
WHEREAS, in addition, no municipality that could present such an annexation application for consideration by this Board in accordance with section 20-3.1 has indicated any intent or interest in the annexation of the West Annexation Area or any portion thereof; and
WHEREAS, this Board wishes to change the boundaries of the City pursuant to its annexation request, which provides for the reservation to the County of certain revenues, rights, and responsibilities, as set forth herein,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. The municipal boundaries of the City of Sweetwater (�City�) are hereby changed, extended and enlarged, and the charter of such municipality is hereby amended by the annexation to the City of the following property (the �annexation area�):
Annexation by the City of Sweetwater
West Annexation Area
Legal Description
A portion of Government Lot 1 lying between Townships 53 and 54 South, Range 39 East, and Sections 35 and 36, Township 53 South, Range 39 East, in Miami-Dade County, Florida, bounded on the North by the North right-of-way line of NW 25 Street, on the East by the City of Sweetwater, on the South by the North right-of-way line of NW 12 Street, and on the West by the centerline of NW 137 Avenue, being more particularly described as follows:
BEGIN at the intersection of the North right-of-way line of NW 25 Street with the East line of said Section 36, said point being 60 feet South of the North line of said Section 36, as shown on BEACON TRADEPORT-PHASE II according to the plat thereof recorded in Plat Book 154 at Page 40; thence run South, along the East line of said Section 36, to the intersection with the Easterly prolongation of the North right-of-way line of NW 12 Street, said point of intersection lying 55 feet North of the South line of said Section 36; thence run West, along the North right-of-way line of NW 12 Street, as depicted on Florida Department of Transportation�s Right-of-Way Map for State Road 836, Section 87200-2574, dated September 2002, and Limited Access Right-of-Way Sketch for State Road 836 (NW 12 Street) recorded in Map Book 153 at Page 83, also as depicted on DOLPHIN PARK AND RIDE according to the plat thereof recorded in Plat Book 173 at Page 6, IMPERIAL SHORES according to the plat thereof recorded in Plat Book 147 at Page 13, and IMPERIAL VILLAS AT IMPERIAL LAKES according to the plat thereof recorded in Plat Book 147 at Page 10, all recorded in the Public Records of Miami-Dade County, Florida, to the intersection with the East right-of-way line of NW 127 Avenue, said point of intersection lying 40 feet East of the West line of the aforementioned Government Lot 1; thence run North, along said East right-of-way line of NW 127 Avenue, for a distance of 9.24 feet, to the North line of said Government Lot 1 and South line of Section 36, as shown on said Plat Book 147 at Page 10; thence run West, along said South line of Section 36 also being the Easterly prolongation of the North right-of-way line of NW 12 Street, to the SE corner of said Section 35 Township 53 South, Range 39 East; thence continue West, along said North right-of-way line of NW 12 Street, also being the South line of Section 35, to the centerline of NW 137 Avenue, also being the West section line of said Section 35; thence run North, along said centerline, to the intersection with the North right-of-way line of NW 25 Street, said point of intersection being 49 feet South of the North line of said Section 35, as shown on PAN AMERICAN WEST BUSINESS PARK according to the plat thereof recorded in Plat Book 167 at Page 15; thence run East, along said North right-of-way line of NW 25 Street, as shown on said Plat Book and on BEACON LAKES EAGLE according to the plat thereof recorded in Plat Book 168 at Page 77 and BEACON LAKE PHASE 2 according to the plat thereof recorded in Plat Book 165 at Page 80, to the intersection with the West line of said Section 36 as shown on BEACON LAKE WEST according to the plat thereof recorded in Plat Book 167 at page 13; thence continue East, along said North right-of-way line of NW 25 Street, as depicted on said Plat Book and on BEACON LAKES PHASE 1 according to the plat thereof recorded in Plat Book 162 at Page 52 and on BEACON LAKES EAST according to the plat thereof recorded in Plat Book 167 at Page 10, and on BEACON LAKES NORTHEAST according to the plat thereof recorded in Plat Book 172 at Page 38, and along its Easterly extension to a point of intersection with the East line of said Section 36; thence run South, along the East line of said Section 36 to the POINT OF BEGINNING.

The annexation of this annexation area was requested by the City in City Resolution No. 4653, adopted by the City, which resolution is attached hereto as Exhibit A for informational purposes only. A map depicting the annexation area, as set forth in this ordinance, is attached hereto as Exhibit B and made a part hereof by reference. In the event of any inconsistency between the boundaries of the annexation area as described by the legal description and the map identified as Exhibit B, the boundaries of the annexation area as described by the legal description in this ordinance shall prevail.

Section 2. Pursuant to section 20-8.2 of the Code, this ordinance shall be effective only upon the condition and with the reservation that the County shall forever continue to collect and receive all utility tax revenues accruing within the annexation area in the same manner as though the annexation area remained a part of the unincorporated area of the County.
Section 3. Pursuant to section 20-8.4 of the Code, this ordinance shall be effective only upon the condition and with the reservation that the County shall forever continue to collect and dispose of all residential waste within the annexation area in the same manner as though such annexation area remained part of the unincorporated area of the County, unless the authority to collect such waste is delegated by the County to the governing body of the municipality through a 20-year interlocal agreement which provides for collection services and a 20-year interlocal agreement that provides for disposal services in substantially the form approved by County Resolution No. R-1198-95.
Section 4. Pursuant to section 20-8.8 of the Code, as a condition of the annexation, the Board shall retain jurisdiction over the modification or deletion of declarations of restrictive covenants accepted by either the Board or a Community Zoning Appeals Board in connection with a Comprehensive Development Master Plan application or zoning application, regardless of whether such declaration provides for the modification or deletion by a successor governmental body.
Section 5. Pursuant to section 20-8.6 of the Code, as a condition of the annexation, the County shall retain regulatory jurisdiction over Areas and Facilities of Countywide Significance as designated by the Board, including the following: (1) the entire area bounded on the north by NW 25 Street, on the south by NW 12 Street, on the east by NW 117 Avenue, and on the west by NW 127 Avenue; and (2) Miami-Dade County Water and Sewer Department (WASD) pump station No. 1221 located at NW 121 Avenue and NW 24 Street, WASD pump station No. 1222 located at NW 129 Avenue and NW 22 Street, WASD pump station No. 1225 located at NW 133 Place and NW 21 Lane, WASD pump station No. 1229 located at NW 14 Street east of NW 137 Avenue, WASD pump station No. 1258 located at NW 129 Avenue between NW 130 Avenue and NW 14 Street and WASD pump station No. 1261 located at NW 117 Place approximately 632 feet south of NW 22 Street.
Section 6. The City shall execute a duly authorized interlocal agreement acceptable to the County wherein it agrees, among other things, to the above-mentioned requirements referenced in sections 2, 3, 4 and 5 above, and to pay to the County the annexation area�s prorated share of the Stormwater Utility Revenue Bonds debt service estimated at $107,450.00 per year until fiscal year 2028-2029 or as provided in the interlocal agreement. The City has represented that it will enter into said interlocal agreement with the County, substantially in the form included in County Resolution No. R-______, (hereinafter, the �Interlocal Agreement�). In exercising the County�s discretion to approve this annexation, the County has relied upon all of the representations in the Interlocal Agreement, including, but not limited to, those representations related to the above-mentioned requirements.
Section 7. It is the intention of the Board, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code in Appendix B � Ordinances Changing Municipal Boundaries. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 8. The provisions of this ordinance are interdependent upon one another, and the entire ordinance shall be deemed invalid if any of its provisions are declared invalid or unconstitutional. If any of the sections of this ordinance are found or adjudged to be illegal, void or of no effect, the entire ordinance shall be null and void and of no force or effect.
Section 9. This ordinance shall be effective only upon the condition and with the reservation that the City and the County execute the Interlocal Agreement, substantially in the form included in County Resolution No. R-__________, and that such Interlocal Agreement remain in effect.
Section 10. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.