Security
District Ordinance No. 005-1992
adopted February 6,
1992
page 2
of Monroe
County, Florida, but excluding Section 1, also known as
Indies Island of that resubdivision. More particularly
described as a portion of Section 16 and 20, 21, Township
65S, R34E, Monroe County, Florida.
Section
2. NAME OF DISTRICT.The name of the
District shall be known as DUCK KEY SECURITYDISTRICT,
hereinafter the District.
Section
3. PURPOSE OF DISTRICT.The District
shall be established for the sole and restricted purpose
of providing security services for the District.
Section
4. DESIGNATION OF THE GOVERNING BODY.The
County Commission of the County of Monroe County,
Florida, is hereby designated as the District Governing
Body. The chairman of the district governing body shall
be the Mayor of Monroe
County.Section,
Section
5. ESTABLISHMENT OF ADVISORY BOARD.An Advisory Board is
hereby established for the Duck Key Security District.
This Advisory Board shall be composed of seven members
who shall be owners of real property located in the
district or residents thereof. The members of the
Advisory Board shall be appointed by the Governing Body.
The Monroe County Sheriff's Office shall appoint one
ex-officio member to the Advisory Board. The Advisory
Board shall perform such duties as may be prescribed by
the Governing Body and this Ordinance and shall submit
within the time period specified by the Governing Body or
this Ordinance as applicable a report on the District's
proposed activities and a proposed budget to accomplish
the District's objectives. In formulating a plan for law
enforcement services, the Advisory
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Board
shall consult with the appropriate staff of the County of
Monroe or the Sheriff of Monroe County, to assist in the
preparation of the District's plan for such services. All
meetings of the Advisory Board shall be open to the
public. The Advisory Board members shall be appointed for
staggered terms of three years. The initial appointment
shall be three members for a one year term; two members
for a two year term and two members for a three year
terms Vacancies shall be filled for the unexpired portion
of a term in the same manner as the initial appointment
is made. Each member shall hold office until his
successor is appointed and qualified unless the member
ceases to be qualified or is removed from office. All
members shall serve at the pleasure of the Board of
County Commissioners, except for the ex-officio member
appointed by the Sheriff. Upon appointment and
qualification each year the members shall organize by
electing from their membership a chairman and a
secretary. The Advisory Board shall recommend, with
the approval of a majority of a quorum of property
owners, whether in person, by proxy, or by absentee
ballot, and the Board of County Commissioners may
approve, the actions of the Duck Key Security
District. The powers of the Board of County
Commissioners shall include but not be limited
to:
1) Enter
into contracts and agreements;
2) Have
exclusive control of funds legally available to it,
subject to limitations imposed by law or by thisOrdinance
or by any agreement validly entered into by
it;
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4
3)Cooperate
and contract with other governmental agencies or other
public bodies;
4)
Contract with the county or private agencies forincreased
levels of law enforcement protection, including
additional personnel;
5) Make
arid collect non ad valorem assessments tofinance the law
enforcement services authorized in this section
;
6)
Exercise all lawfuleffective and expedient powers
incidental to the exercise of the foregoing
powers.
Section
6. ASSESSMENTS.
The
Advisory Board shall prepare to the Governing Body a
proposed budget for the Duck Key Security District within
ninety days of the date of the passage of this Ordinance.
The Governing Body can accept, reject or modify the
proposed budget. Upon the acceptance of the initial
proposed budget, the Governing Body shall authorize a
referendum in the District to be held at the next
available primary or general election to approve the
collection of non ad valorein assessments as provided by
Sec. 197.36329 Fla. Stat., to support the implementation
of District law enforcement services. The initial
assessment shall not be levied unless first approved by a
majority of voting residents in the referendum called for
that purpose. The initial non ad valorem assessment for
this budget shall be no more than $200.00 per improved
lot and $20.00 per unimproved lot. If the referendum is
disapproved by the voters, then the Governing Body shall
take no further action pursuant to this ordinance and
shall
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5
with
dispatch to repeal the same. If approved,, and for the
years following the initial year, the Advisory Body shall
annually prepare a budget and submit it for acceptance,
rejection or modification by he'Govening Body and the
imposition of such non ad valorem assessments as may be
needed. Except as provided in paragraph 8, there shall be
no need for referenda in subsequent years unless an
assessment increases more than ten percent (1OZ) over the
previous year or increases to more than the sum of
$300.00 per improved lot or more than the sum of $30.00
per unimproved lot in any given year.Assessments shall be
assessed on the basis of one residential assessment for
each improved lot and one unimproved lot assessment per
unimproved lot, regardless of ownership unless exempt by
state law.Lots with houses under construction on January
1st of each year shall pay the unimproved lot assessment
unless the construction thereon has been substantially
completed by January 1st of each year after which the
lots will be assessed as residences.In addition to the
preceeding, the District budget shall also be approved
pursuant to all general law relating to the adoption and
preparation of County budgets.
Section
7. FISCAL MANAGEMENT.All District funds shall be received
held secured in the same manner as other county funds by
the Clerk of the Circuit CourtThe funds shall be
maintained under a separate account and shall only be
used for purposes authorized by this Ordinance and shall
be disbursed only upon the direction of the Governing
Body
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pursuant
to the requisitions signed by the Mayor andcountersigned
by the Clerk of the Court.
Section 8
SUNSET CLAUSE.
The Duck
Key Security District shall cease to exist at the end of
the fourth year after adoption unless continued for a
subsequent four years by referendum approving the
continuation of the District by a majority vote of the
voters in the District.
Section
9. If any section, subsection, sentence, clauseor
provision of this Ordinance is held invalid, the
remainder ofthis Ordinance shall not he affected by such
invalidity.
Section
10. All ordinances or parts of ordinances in conflict
with this Ordinance are hereby repealed to the extent of
said conflict.
Section
11. The provisions of this Ordinance shall be included
and incorporated in the Code of Ordinances of the County
of Monroe, Florida, as an addition or amendment thereto,
and shall be appropriately renumbered to conform to the
uniform numbering system of the Code.
Section
12. This Ordinance shall be filed in the Office of the
Secretary of State, State of Florida, but shall not take
effect until a referendum approving the ordinance has
been passed by the electors of the District.
PASSED
AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a special meeting of said
Board held on the day of February, A.D., 1992.
Mayor
Harvey Yes
Mayor
Pro Tem London Yes
Commissioner
Cheal Yes
