At a special meeting held Thursday, October 13, 2022, the Miami Springs City Council approved an inter-local agreement with Miami-Dade County to annex the area west of Miami Springs. The deal isn’t as simple as just annexing the area. It covers the hand off of government items including building permits. However, there was one sticky item. Miami-Dade County wants to charge the City of Miami Springs a mitigation fee that adds up to over $3 Million over 7 years. Unlike other annexations where the County has not charged a fee, the County insisted on a mitigation fee in order to move forward with the annexation process.
Mayor Mitchell shared her disbelief in the County’s insistence on demanding the annexing cities to lower the millage rates while at the same time requiring a mitigation fee. In other words, the City of Miami Springs will be able to lower the tax rate paid by Miami Springs residents, but if the City of Miami Springs has to pay a mitigation fee, then the City of Miami Springs won’t be able to lower the millage rate as much as desired in order to pay for the County’s mitigation fee.
How much is the annexation mitigation fee?
The County is asking for $458,839 annually for a period of 7 years. That comes out to $3,211,873. However, the fee increases each year to adjust for inflation based on the Consumer Price Index (CPI) for the Miami-Fort Lauderdale area. In other words, it’ll be more expensive each year.
None of the Miami Springs Council Members appeared happy with the mitigation fees. Nevertheless, the entire Miami Springs City Council voted unanimously in favor of the agreement with the County. This allows the process of annexation to move forward.
The Miami-Dade County Commission still has to vote in favor of the inter-local agreements before annexation becomes official.
MIAMI SPRINGS ANNEXATION INTER-LOCAL AGREEMENT WITH MIAMI-DADE COUNTY DETAILS:
NOW, THEREFORE, in consideration of the promises and the mutual covenants contained herein, the parties hereby agree as follows:
A. The above recitals are incorporated as if fully set forth herein.
B. Utility Taxes.
Pursuant to current applicable law and Chapter 20 of the Code of Miami-Dade County, Florida (“County Code”), the County shall continue to receive and retain the utility
tax revenues generated from the Annexed Property in perpetuity.
C. Stormwater Utility Bond Debt Service.
The City agrees to pay the County the remaining stormwater utility debt service
payments for the Annexed Property calculated at $153,276.47 per year through the end
of year calendar 2029, pursuant to Section 20-8.5 of the County Code. The City will begin
the annual debt service payment immediately upon approval of the annexation. The City
agrees to make such payments on or before March 1st of each year.
D. Mitigation Payments.
The entire annexation area is a Commercial Business Industrial (CBI) area, and Section 20-28 of the Code of Miami-Dade County requires all municipalities annexing a Commercial Business Industrial (CBI) area to mitigate 100% of the net excess of revenues minus expenses for the CBI annexation area. The City agrees to pay seven mitigation payments to the County of $458,839 annually for a period of seven years ($3,211,873 TOTAL) to the County’s Municipal Services Trust Fund (MSTF), and the annual payment due shall be adjusted for inflation based on the Consumer Price index for the Miami-Ft. Lauderdale-West Palm area for the previous calendar year. The payment obligations to the County will be made from the City’s non-ad valorem revenues. The City agrees to make seven such annual mitigation payments on or before April 1st of each year, beginning in the year 2024, for a period of seven years. If payment is not received in full by April 1st, the City shall pay an amount equal to 5 percent of the amount of the mitigation payment outstanding as a penalty, and the City shall pay interest on the amount of unpaid mitigation equal to 1 percent for each month the payment is outstanding.
The City agrees that its contributions to the MSTF will be used to maintain police services in the unincorporated areas of Miami-Dade County, including those proximate to the City, recognizing that crime does not respect political boundaries and that the provision of police services to the neighboring UMSA communities directly benefits the City and City residents.
E. Stormwater Management.
The City shall execute or modify a cost-share Interlocal Agreement with the County for canal and/or drainage system maintenance activities to cover expenditure cost-share for the Annexed Property, and the City agrees to reimburse the County for canal and drainage system maintenance activities which relate to the City. All canal right-of-way, easement, reservation, and similar interests owned or otherwise controlled by Miami-Dade County shall remain with the County and are not being conveyed to the City, and nothing in this Agreement shall be interpreted or deemed to convey to the City any canal right-of way, easement, reservation, or similar interests owned by Miami-Dade County.
F. Solid Waste Collection and Disposal.
Pursuant to Section 20-8.4 of the Code of Miami-Dade County, the County shall forever continue to collect and dispose of all residential waste within the Annexed Property
in the same manner as though such Annexed Property remained part of the
unincorporated areas of the County, unless the authority to collect such waste is delegated
by the County to the governing body of the City through a 20-year interlocal agreement
that provides for the collection services, and a 20-year interlocal agreement that provides
for disposal services in substantially the form approved by Resolution No. R-1198-95, as
amended by Resolution No. R-167-13.
Nothing in this Agreement shall be interpreted or deemed to require the County to
delegate to the City the authority to collect or dispose of such waste.
In the event that the County delegates the authority to collect and dispose of such
waste and the City contracts with a private waste hauler to collect residential waste within
the Annexed Property, the private hauler will be obligated to comply with all obligations of
such 20-year interlocal agreements, including, but not limited to, the requirements to
deliver residential waste to the County’s solid waste system facilities and pay the Disposal
Facility Fee to the County in accordance with Section 15-25.2 of the Code of Miami-Dade
County, and the City shall include these requirements in its contract with its private waste
G. Transfer of Certain Public Roads.
1. Certain public roads that are currently maintained by and under the
jurisdiction of the County are within the Annexed Property (hereinafter
referred to as “Road Segments” except that the Exempt Roads (as such
term is defined below) shall not be included in the definition of “Road
Segments”) and, pursuant to Section 335.0415, Florida Statutes,
jurisdiction and responsibility for public roads may be transferred by mutual
agreement of the County and the City. In addition, Section 337.29(3),
Florida Statutes, provides that title to roads transferred pursuant to Section
335.0415, Florida Statutes, shall be in the government entity to which such
roads have been transferred upon the recording of a deed or right-of-way
map in the public records.
2. In accordance with paragraph 1 of this section G above, upon the Effective Date, the County shall transfer the jurisdiction, ownership, and control of the Road Segments to the City; provided, however, that the County is not transferring, and shall retain: (a) ownership of, control of and traffic engineering functions for the Exempt Roads (as such term is definedbelow) and such Exempt Roads shall not be included in the definition of “Road Segments”; and (b) all traffic engineering functions for all of the RoadSegments and other matters referenced herein Section G. The City agrees to accept ownership, jurisdiction and control of the Road Segments to the City in accordance with the terms and conditions set forth herein. The City shall have no ownership, jurisdiction or control of the Exempt Roads. In addition to all traffic engineering functions and other matters referenced herein in Section G, the County will retain ownership, jurisdiction, and control of the following roads (which are hereafter referred to as the “Exempt Roads”) as listed below:
NW 58th Street from SR 826 East ramps to East of NW 72nd Avenue; and
NW South River Drive from SR 934 to 300’ NW of Crane Avenue
(Miami Springs City limits).
3. The right and responsibility of all traffic engineering matters to regulate
traffic and determine appropriate measures and install, maintain, modify or
remove traffic control devices such as traffic signals, signs, and pavement
markings, roundabouts or other traffic-calming devices within the Annexed
Property, including but not limited to the Road Segments, remains with the
County. In addition, the County shall retain control over all road closures.
Nothing herein diminishes the County’s jurisdiction over all traffic
engineering matters within the County, including within municipalities,
except for State road rights-of-way. The County has the authority to set
the hours and days that construction by any County department or agency
shall take place in, or on, any public street, with prior written notice to the
City. The rights and responsibility to issue permits or collect fees for
construction, including utility work, within the public rights-of-way of all
Road Segments are expressly transferred to the City by this Agreement,
except those associated with traffic engineering. The City agrees that it
shall not levy any fee or require a permit from any County department,
agency or instrumentality for work within, beneath, or upon the Road
Segments. The City agrees to accept all legal rights, responsibilities and
obligations with respect to the Road Segments, including, but not limited
to, the operation, maintenance, planning, design, and construction of the
Road Segments except for the traffic engineering.
4. As limited by Section 768.28, Florida Statutes the County shall remain
responsible for any tort liability for any actions arising out of the County’s
operation and maintenance of the Road Segments prior to and up to the
effective date of the transfer of such roadways. Following the effective date
of the transfer of such roadways, the City shall be responsible and, as
between the County and the City, shall have tort liability for the Road
Segments, including all operations and maintenance thereof. Except as
otherwise provided herein, the City and the County agree that this
Agreement contains no indemnification or hold harmless agreement or
provisions concerning any claims, demands, damages and causes of
action that may be brought against either party by third parties relating to
the Road Segments. The City and the County shall each individually
defend any action or proceedings brought against their respective agencies
by third parties relating to the Road Segments and shall be individually
responsible for all of their respective costs, attorney’s fees, expenses and
liabilities incurred as a result of any such claims, demands, suits, actions,
damages and causes of action, including the investigation or the defense thereof, and from and against any orders, judgments or decrees that may
be entered as a result thereof.
5. If requested by the City, the County shall provide the City with the County’s
available Engineering Division’s Section Maps, which generally depict the
rights-of-way, inclusive of the Road Segments.
6. Upon the Effective Date, the County Mayor and City Mayor or their
respective designees shall determine a mutually agreeable date for the
recordation and transfer of the Road Segments after the Effective Date.
7. If requested by the City, the County shall provide the City with a list of
completed roadway/sidewalk/striping projects for the Road Segments and,
if requested by the City, access to any plans, specifications, drawings, and
permits for such projects within the possession of the County’s Department
of Transportation and Public Works.
Whenever one of the parties to this Agreement desires to give notice to the other,
such notice must be in writing, sent by U.S. Mail, certified, return receipt requested,
postage prepaid, addressed to the party for whom it is intended at the place last specified;
the place for giving of notice shall remain such until it is changed by written notice in
compliance with the provisions of this paragraph. For the present, the parties designate
the following for the purpose of giving notice:
For the COUNTY:
Stephen P. Clark Center
111 N.W. 1st Street, Suite 2910
Miami, Florida 33128
Telephone: (305) 375-5311
Facsimile: (305) 375-4658
With a Copy to:
Office of Management & Budget
Stephen P. Clark Center
111 NW 1st Street, 22nd Floor
Miami, Florida 33128
For the City:
201 Westward Drive
Miami Springs, FL 33166
Telephone: (305) 805-5006
I. Areas and Facilities of Countywide Significance
Section 20-8.6 of the Code of Miami-Dade County governs Areas and Facilities of
Countywide Significance. The Annexed Property includes Areas or Facilities of
Countywide Significance that have been designated as such by the Board of County
Commissioners pursuant to Chapter 20 of the Code of Miami-Dade County. As such, the
County shall retain regulatory jurisdiction, as provided in section 20-8.6 of the Code of
Miami-Dade County, over the following areas/facilities within the Annexed Property.
1. The areas shown on the map attached as Exhibit B as Areas or Facilities
of Countywide Significance; and
2. The properties listed below:
a. Turner Guilford Knight Correctional Center (7000 NW 41st Street);
b. Miami-Dade Water and Sewer Department (WASD) storage yard
(7301 NW 70th Street);
c. WASD Medley Hydrant Shop and office (7300 NW 74th Street);
d. WASD pump stations 0195, 0182, 0194, 0197, 0192, and 0193;
e. Miami-Dade Transit William Lehman Operations and Maintenance
Center (6601 NW 72nd Avenue) (currently identified by folio
numbers 30-3014-031-0010 and 30-3014-031-0020).
Such regulatory jurisdiction to be retained by the County over the abovereferenced areas/facilities includes, but is not limited to, jurisdiction over building permits,
zoning, comprehensive development master plan, and platting.
J. Impact Fees.
This interlocal agreement, in of itself, does not prohibit the City from charging City
impact fees, to the extent permissible by law, provided that any such City impact fees are
not duplicative of impact fees charged by the County, as such County fees may be
amended from time to time.
K. Department of Regulatory and Economic Resources.
The following provisions shall apply with respect to building permits and related
matters within the Annexed Property, except, however, this Section K shall not apply with
respect to those properties over which the County is retaining regulatory jurisdiction.
The Miami-Dade Department of Regulatory and Economic Resources, hereinafter
“RER”, shall process and issue building permits for all applications received prior
to the effective date of the annexation, for new construction, alterations, repairs or
demolitions on real property within the boundaries of the Annexed Property. RER
shall process and issue all subsidiary building permits associated with a master
permit issued or applied for prior to the effective date of the annexation as provided
for above to ensure completion of a project. For the purpose of this Agreement, a
master permit is defined as the primary building permit issued by the Building
Official which enables the permit holder to commence construction, alteration,
repair, installation or demolition work. A subsidiary permit is any ancillary permit
required under the Building Code to complete a project commenced under a
master building permit as determined by the Building Official. A subsidiary permit
may be in the same or a different trade as the master permit. RER’s services
contemplated by this paragraph shall include the performance of all required
inspections, plan reviews, and the issuance of the applicable Certificate of
Occupancy and/or Certificate of Completion.
2. Permit Records and Reports.
a. Within sixty (60) days after the Effective Date, RER shall deliver to the City
a written report listing each active master building permit and subsidiary
building permit issued within the boundaries the Annexed Property. This
report shall include the address of the property, the permit numbers,
description of permit type, and the dates the permits were issued and the
last inspection date and type for the open permits. This report shall be
updated monthly until all of the open permits are finalized.
b. RER shall maintain all other records related to Construction Permitting and
Building Code Division services performed by RER within the Annexation
Area boundaries in accordance with its current practice for the
unincorporated area as required by law. Copies of such records may be
obtained from RER upon request of the City at the cost specified for the
reproduction of documents contained in the RER’s fee schedule.
RER shall retain all building permit fees, penalties, and other fees and charges
collected by RER for any application filed, or permits issued, prior to the City
assuming building services. RER shall retain all building permit fees for any
required subsidiary permits issued by the RER pursuant to the provisions of the
initial paragraph of this section, regardless of the date of issue.
4. Expired Permits
RER shall provide a report, within sixty (60) days of the Effective Date, to the City
listing any building permit for work within the boundaries of the Annexed Property
that expired prior to the City’s assumption of building services. The list shall
include the permit number, job address, description of permit type and last
inspection date and type. Each month thereafter within 15 days after the end of
each month, RER will provide the City with an updated report listing any building
permits that expired within the previous calendar month until such time as all
permits within the Annexed Property are finalized. Copies of any available permit
application, plans, files or other documents related to an expired building permit
may be obtained from RER upon written request of the City at the cost specified
for the reproduction of documents contained in RER’s fee schedule. After the
Effective Date, the City shall be responsible for enforcement actions relating to any
expired building permit reported to the City by the Construction Permitting and
Building Code Division. It is in the complete and sole discretion of the City to
engage in any enforcement action relating to any such expired permit.
For permits issued under the South Florida Building Code, an expired permit is any
permit issued by the Construction Permitting and Building Code Division which
lacks a final inspection approval from the Building Department and/or lacks
compliance with the laws, rules or regulations of any other County, State or Federal
regulatory authority having jurisdiction and has not had an inspection within 180
days of the date of issuance or from the date of the last inspection under the
permit. For permits issued under the Florida Building Code, an expired permit is
any building permit issued by the Construction Permitting and Building Code
Division which lacks a final inspection approval from the Construction Permitting
and Building Code Division and/or lacks compliance with the laws, rules or
regulations of any other County, State or Federal regulatory authority having
jurisdiction which has not had an approved inspection within 180 days of the date
of the issuance of the permit or within 180 days of the date of the last approved
inspection made by RER. Regulatory authorities having jurisdiction include, but
are not limited to, the following: Miami-Dade Fire Rescue, Miami-Dade
Department of Regulatory and Economic Resources, Miami-Dade Public Works
and Solid Waste Department, Miami-Dade Water and Sewer Department, Florida
Department of Health and Rehabilitative Services, United States Army Corps of
Engineers, State Fire Marshal, Miami-Dade County Public Schools and MiamiDade Transit.
5. RER Authority/Responsibility
RER, in its performance of the services set forth in this Agreement, is authorized
and designated to continue to act on behalf of the City as the City’s Building Official
in accordance with any applicable building codes and Chapter 468, Florida
Statutes until the City assumes responsibility on the Effective Date. The City will
assume responsibility for processing any permit applications submitted on or after
the Effective Date, with the exception of certain subsidiary permits, as discussed
in paragraph 1 of this section K, performing inspections on any permits issued by
the City and proceeding with enforcement on expired permits and all cases
transferred by the County in accordance with the terms of this Agreement. Under
this Agreement, as of the Effective Date, with respect to building permits, the
County will only retain authority to process applications and issue permits
submitted prior to the municipal service assumption date or the date agreed to
transfer services and subsidiary permits tied to master permits issued by the
County, and perform all inspections for the master and subsidiary permits issued
by the County until the issuance of the Certificate of Completion, Certificate of
Occupancy, or expiration of the permit.
Until the Effective Date, RER shall continue, either directly or through contractors,
with any Building Code enforcement case initiated as a result of the receipt of a
complaint or opening of a case file prior to the annexation approval date. Such
cases include code enforcement for building permit violations, unsafe structures,
and working without permits. As of the Effective Date, RER shall close all active
enforcement cases and provide the City with a list of the closed cases. RER shall
be entitled to retain all fines, fees, costs and penalties resulting from the
investigation and pursuit of any enforcement action initiated under this section
above for the cases closed by RER. This includes the payment of any lien filed or
amount paid in satisfaction of a court judgment. In the event a Building Code
enforcement case is turned over to the City for completion of any enforcement
action, RER shall be entitled to collect any fines, fees, or penalties owed to RER
as of the date the case is turned over to the City. The City shall negotiate on a
case by case basis with RER on any share that it may be entitled to. In addition,
RER shall be entitled to collect all enforcement fees and costs accrued in the
matter of any unsafe structures enforcement case that is closed by RER after the
Effective Date. If the unsafe structures enforcement case is turned over to the
City, then RER shall only be entitled to recover those fees and costs which have
accrued up to the date the case is transferred to the City.
Notwithstanding the transition of powers and duties provided for in this Agreement,
the Building Official for Miami-Dade County and for the City may opt to enter into
a separate agreement for the County’s completion of specified enforcement cases
that may have been commenced by the County and are near completion, all in the
interest of efficiency, cost savings and protecting the public safety. Until the
execution of such agreement, all enforcement authority and responsibility shall
remain with the City. Such agreement shall contain a specific identification of cases
to be completed by the County, shall provide for the allocation of fees and costs
relating to those cases, and shall be executed by the County Mayor or the County
Mayor’s designee and the City Mayor or his designee not later than sixty (60) days
following the Effective Date.
L. Restrictive Covenants.
Pursuant to Section 20-8.8 of the County Code, Miami-Dade County shall retain
jurisdiction over the modification or deletion of declarations of restrictive covenants
accepted by either the Board of County Commissioners or a Miami-Dade County
Community Zoning Appeals Board in connection with a Comprehensive Development
Master Plan application or zoning application, regardless of whether such declaration
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 City of Miami Springs has first approved the modification or
deletion. This provision, however, shall not apply to those properties over which the
County is retaining regulatory jurisdiction.
M. Airport Zoning.
A portion of the Annexed Property is located within the Critical Approach Zone
(CAZ) and the airspace review area for Miami International Airport, as defined and
depicted in article XXXVII of chapter 33 of the Code of Miami-Dade County. Properties
located within such areas are subject to certain height, noise, and land use restrictions
and prohibitions, including a prohibition on educational facilities. These airport zoning
regulations apply in both the unincorporated and incorporated areas of the County. For
those areas of the Annexed Property over which the County is retaining regulatory
jurisdiction, the City shall have no regulatory jurisdiction over said areas, and the County
shall continue to apply and enforce such airport zoning regulations as if the Annexed
Property remained part of the unincorporated area.
To the extent that any portion of the Annexed Property that is subject to the
County’s airport zoning regulations is not within the areas over which the County is
retaining regulatory jurisdiction, then the City shall comply with all provisions in article
XXXVII of chapter 33, as may be amended from time to time, including, but not limited to,
the requirements and procedures governing the review of applications for development
permits. For illustrative purposes only, a map attached to this Agreement as Exhibit C
depicts the CAZ and airspace review area within the Annexed Property. The figures and
maps referenced in article XXXVII of chapter 33, as may be amended from time to time,
establish the boundaries of the land use compatibility restriction zones, noise compatibility
restriction zones, airport height restriction areas, and other zones and sub-zones
applicable to the airport. As provided in section 33-330 of the Code of Miami-Dade County,
full-scale copies of the applicable figures and maps are on file with the Miami-Dade County
Aviation Department (MDAD) and shall be applicable to, and controlling of, zoning for such
zones and sub-zones.
N. Fire Rescue District.
The Annexed Property shall remain within the Miami-Dade Fire Rescue District in
O. Library District.
The Annexed Property shall remain within the Miami-Dade County Library District
P. Public Safety.
Jurisdiction for police service in the Annexed Property, including all legal rights,
responsibilities, and obligations consistent with the City’s municipal policing, is hereby
assumed by the City’s Police Department commencing on the Effective Date.
Q. Split parcels; City’s obligation to provide surveys.
The Annexed Property may include parcels of property (“split parcels”) which are
currently partially within the boundaries of the Annexed Property and partially within the
boundaries of what will remain unincorporated area, and surveys are needed to determine
the legal descriptions of the portions within the Annexed Property and of the portions
remaining in the unincorporated area. The City agrees to provide the County with such
surveys, with respect to all of the property currently located within the split parcels, and
such surveys shall be prepared to the satisfaction of the Miami-Dade County Property
Appraiser. The City agrees to provide such surveys, prepared to the satisfaction of the
Miami-Dade County Property Appraiser, no later than 5 calendar days after the Effective
Date. The City acknowledges that, if the City does not provide such surveys, prepared to
the satisfaction of the Miami-Dade County Property Appraiser, to the County within 5
calendar days after the Effective Date, a delay in some or all of the Annexed Property
being placed on the tax rolls for the City could result.
If the City does not provide such surveys to the County, to the satisfaction of the
Miami-Dade County Property Appraiser, within 5 calendar days after the Effective Date,
the County may elect, in the County’s sole discretion, to prepare such surveys. If the
County elects to do so, the City shall pay the County $300.00 per hour for such work, to
be billed upon completion of such surveys, and the City shall pay such to the County within
30 days of the County sending such bill to the City.
R. Representations by the City and the County and Authority to Enter into
The City has represented that it will enter into this Agreement providing for, among
other things, the City to forever remain in the Miami-Dade Fire Rescue District and Miami
Dade Library District, and the County has relied upon such representations in exercising
its discretion to approve the annexation. In addition, each party acknowledges that this
Agreement has been duly approved and executed by its governing body based on the
representations referenced above, and that each party has the required power and
authority to enter into and perform the obligations hereunder.
S. Invalidation of Provisions, Severability.
Wherever possible, each provision of this Agreement shall be interpreted in such
manner as to be effective and valid under applicable law. If any provision of this
Agreement is declared by a court of competent jurisdiction to be invalid, illegal,
unenforceable, or prohibited by applicable law, then such provision shall be severed to the
extent of such prohibition or invalidity, and the remaining provisions of this Agreement
shall remain in full force and effect. The City hereby acknowledges and agrees, however,
that if any provision of this Agreement is severed, the County may, in its sole discretion,
effectuate a future boundary change to remove the Annexed Property from the boundaries
of the City and make it part of the unincorporated area again. Upon the effectuation of
any such future boundary change, the remaining provisions of this Agreement shall be
deemed automatically terminated, void, and of no further force and effect. These remedies
are non-exclusive and shall be in addition to any other available remedies.
T. Governing Law and Venue.
This Agreement shall be governed by and constructed in accordance with the laws
of the State of Florida, including, but not limited to, the Miami-Dade County Home Rule
Charter. Venue for any litigation for any controversy arising from or related to this
Agreement shall be in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida,
or in the United States District Court for the Southern District of Florida, in Miami-Dade
U. Entirety of Agreement.
Except with respect to the other interlocal agreements referenced herein, the
parties agree that there are no commitments, agreements, or understandings concerning
the subject matter of this Agreement that are not contained in this Agreement, and that
this Agreement contains the entire agreement between the parties as to all matters
contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall
be predicated upon any prior representations or agreements, whether oral or written. It is
further agreed that any oral representations or modifications concerning this Agreement
shall be of no force or effect, and that this Agreement may be modified, altered or amended
only be a written amendment duly executed by both parties hereto or their authorized
Captions and hearings in this Agreement are for ease of reference only and do not
constitute a part of this Agreement and shall not affect the meaning or interpretation of
any provisions herein.
W. Rights of Others.
Nothings in this Agreement, expressed or implied, is intended to confer upon any
person other than the parties hereto any rights or remedies under or by reason of this
X. Existing Agreements.
Any and all existing interlocal agreements between the County or any of its
departments of agencies (such as but not limited to RER, Miami-Dade County Stormwater
Utility, Transportation and Public Works, Water and Sewer, Miami-Dade Police
Department, etc.) and the City shall remain in full force and effect and shall not be altered,
changed, modified, amended, or terminated as a result of this agreement unless specified
herein. It is provided, however, that where this Agreement is inconsistent with any such
prior Agreement, the terms of this Agreement shall supersede and control.
Y. Effective Date and Term.
The term “Effective Date” as used herein shall mean the effective date of the
annexation. The annexation shall not be effective before this Agreement has been fully
and properly executed. The Effective Date shall be the later of the occurrence of
the following: (1) ten days after the Board of County Commissioners approves the
ordinance accomplishing the annexation, unless vetoed by the Mayor, and if vetoed,
only upon an override by the Board of County Commissioners; and (2) the date upon
which this Agreement has been fully and properly executed by both the County and the
City. The provisions of this Agreement shall be in full force and effect commencing
on the Effective Date and shall continue in perpetuity.