MEMORANDUM

Agenda Item No. 7(B)

(Second Reading: 12-1-21)

TO: Honorable Chairman Jose "Pepe" Diaz DATE: October 19, 2021
and Members, Board of County Commissioners

FROM: Geri Bonzon-Keenan SUBJECT: Ordinance changing the

County Attorney 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; 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

The accompanying ordinance was prepared and placed on the agenda at the request of Prime Sponsor
Chairman Jose "Pepe" Diaz.

_______________________________
Geri Bonzon-Keenan
County Attorney

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Approved Mayor Agenda Item No. 7(B)
Veto __________ 12-1-21
Override __________

ORDINANCE NO.

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

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

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 Agenda Item No. 7(B)
Page 2

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-

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 Agenda Item No. 7(B)
Page 3

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.

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 Agenda Item No. 7(B)
Page 4

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

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 Agenda Item No. 7(B)
Page 5

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.

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 Agenda Item No. 7(B)
Page 6

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.

PASSED AND ADOPTED:

Approved by County Attorney as

to form and legal sufficiency: ________
____
______
_ ___

Prepared by: ________

__
___
____
____

Abbie Schwaderer-Raurell
James Eddie Kirtley

Prime Sponsor: Chairman Jose “Pepe” Diaz

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 EXHIBIT A

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 EXHIBIT A

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 EXHIBIT A

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 EXHIBIT A

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    EXHIBIT A






 

 
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 NW 25TH ST
NW 25TH ST
NW 24TH ST
NW 23RD ST
NW 22ND ST
NW 102ND AVE

NW 22ND ST NW 22ND ST
NW 102ND PL

NW 121ST CT
NW 117TH AVE
NW 21ST ST

NW 132ND PL

NW 133RD AVE
NW 129TH AVE
NW 115TH AVE
NW 20TH ST NW 20TH ST
NW 19TH LN

NW 137TH AVE
NW 127TH AVE
Doral
NW 19TH ST

NW 112TH AVE

NW 119TH CT

NW 135TH AVE
Proposed West Annexation Area NW 18TH ST

NW 110TH AVE
NW 17TH ST NW 17TH ST NW 17TH ST

NW 131ST AVE
NW 16TH ST

NW 15TH ST NW 108TH AVE

NW 14TH TER

NW 118TH PL
NW 107TH AVE

FLORIDA TPKE EXT

NW 100TH AVE

NW 14TH ST

NW 130TH AVE
NW 14TH ST NW 14TH ST

NW 132ND AVE
BLK
NW 13TH TER
NW 13TH ST NW 13TH ST
SR 836 EXPY SR 836 EXPY

NW 12100
MP NW 12TH ST
NW 111TH AVE

FLORIDA TPKE EXT

NW 114TH AVE
RA
6 City of Sweetwater
83 NW 11TH TER LN
NW 11TH NW 11TH TRL
SR
NW 11TH ST
P AMP NW 10TH ST
36 R

NW 130TH AVE
RAM SR 8 ST

NW 134TH PL

NW 136TH AVE
36 NW 10TH
NW 9TH LN S R8

NW 134TH AVE

NW 136TH CT
NW 132N
NW 9TH TER R AMP

PL
TPKE

NW 128TH CT

NW 135TH CT
IDA

16
NW 128TH PL
FLOR

CT
NW 9TH ST

NW 133RD CT
NW 123RD AVE NW 123RD CT
NW 8TH LN

D AVE W
NW 8TH LN

NW 136TH PL
134TH
NW 132ND CT
NW 8TH TER CT
D
3R

NW
NW 8TH ST 12
NW

NW 126TH
NW 7TH ST FONTAINEBLE
AU BLVD LN
TH LN NW 7TH TER NW 6TH TER 6TH
NW 7TH ST NW 7 NW
NW 7TH ST NW 6TH ST
NW 7TH ST Unincorporated Miami-Dade NW 5TH TER LN
NW 6TH LN NW 4TH
NW 4TH WAY

NW 132ND PL NW 132ND PL
NW 129TH PL
NW 129TH CT
NW 128TH PL
NW 129TH AVE

NW 135TH CT
NW 134TH AVE

NW 136TH AVE
NW 134TH PL
NW 133RD CT
NW 6TH ST

NW 133RD AVE NW 133RD AVE

NW 4TH TER NW 4TH ST
FLORID

NW 5TH TER
NW 3RD ST
A TPK
NW 109TH AV

E
E

NW 2ND ST
NW 119TH AVE

NW 3RD TER NW 2ND ST

NW 118

NW 119TH CT

NW 128TH AVE
RAMP

NW 1ST ST

NW 136TH PL
NW 2ND TER

NW 121ST CT
NW 102ND

NW 2ND ST
NW 114TH AVE

NW 122ND AVE

NW 124TH AVE
NW 123RD AVE

NW 125TH AVE
NW 120TH AVE

NW 130TH AVE

NW 132ND CT

NW 136TH CT
NW FLAGLER TER W FLAGLER ST

NW 136TH AVE
TH AVE
AVE

NW 1ST LN
NW 113TH CT

NW 129TH AVE
NW 108TH PL

NW 109TH CT
NW 109TH PL

NW 1ST TER
NW 122ND CT
SW 1ST ST
SW

SW 1ST ST
SW 1ST ST
Legend
SW 107TH AV
E

SW 2ND ST
SW 108TH AVE

SW 116TH CT
SW 116TH AVE

Sweetwater Proposed West Annexation Area

SW 103RD CT

SW 104TH CT

SW 105TH PL

SW 3RD ST
102ND CT

City of Sweetwater
SW 118TH AVE

SW 2ND ST SW 3RD ST
SW 109TH AVE

Municipality SW 4TH ST SW 4TH ST

SW 132ND AVE
ST VD
SW 5TH ST
SW 102ND AVE

CT
H H BL
4T SW 5TH ST

AVE
S

SW 135TH AVE
SW 115TH AVE

SW 122ND AVE

D
SW 112TH AVE
SW 110TH AVE

SW 136TH AVE

SW 136TH PL
SW 129TH AVE

SW 136TH CT
This map was prepared by the April 2021

R
SW WAL SW 5TH TER
SW 125TH AVE

SW 130TH AVE
SW 127TH AVE

RD
Miami - Dade Information Technology Department 1 inch equals 0 miles SW 6TH ST
Geographic Information Systems (GIS) Division
SW 123RD AVE

www.miamidade.gov

SW 134TH CT

SW 137TH AVE
133
SW 4TH TER
This map and associated information is to be used only for public business as may be authorized
SW 6TH ST SW 7TH ST
SW 103RD

SW 124TH AVE
SW 102ND PL SW 103RD AVE

133
SW 128TH AVE
by law and no reproduction for commercial use or sale is permitted. No expressed or implied
SW 121ST AVE

SW 7TH ST
SW 104TH AVE

SW 106TH AVE

warranties including but not limited to the implied warranties of merchantability or fitness for a SW 6TH TER
particular purpose is made. User is warned the materials contained herein are provided "as is".
SW 6TH ST

SW
SW 5TH ST
SW 120TH AVE
CT

SW
SW 6TH ST SW 7TH TER
SW 7TH ST SW 7TH TER

SW 131ST CT
SW 8TH ST SW 8TH TER
SW 8TH LN SW 9TH TER
S w e e t w a t e r
SW 8TH TER
P r o p o s e d W e s t A n n e x a t i o nSW 10THAST r e a
SW 9TH TER SW 9TH ST SW 9TH ST SW 11TH ST
Source: ESRI Basemap
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