Item Q5* REVISED BACKUP *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 17, 2014 - MAR Division: County Attorney
Bulk Item: Yes X No _ Staff Contact Person/Phone #:
Christine Limbert-Barrows. 292-3470
AIiENDA FFEM WORDING: A public hearing to consider an ordinance of the Board of County
Commissioners creating Section 22-127., Chapter 22. Special Districts in the Monroe County Code
readopting Ordinance 005-1992 (creating the Duck Key Security District), as amended by Ordinance
No. 012-1994 and Ordinance No. 041-1994; amending Section 5. of Ordinance 005-1992; providing
for term limits of advisory board members and officers, providing for meeting frequency and
attendance requirements and providing for codification in the Monroe County Code.
ITEM BACKGROUND: The Duck Key Security District Advisory Board (DKSDAB) has made
recommendations regarding term limits for advisory board members and officers, and meeting
frequency and attendance requirements for advisory board members. This ordinance adopts those
recommendations and also re -adopts the provisions in Ordinance No. 005-1992, as amended by
Ordinance No. 012-1994 and Ordinance No. 041-1994 which were inadvertently omitted from
Ordinance No 001-2009 which adopted and enacted the new code of ordinances re -codifying existing
County Code. It was discovered, however, that Ordinance No. 005-1992, Ordinance No. 012-1994 and
Ordinance No. 041-1994 were inadvertently never codified in the Monroe County Code. In that these
ordinances were not specifically cited in Ordinance No. 001-2009, adoption of this ordinance will
provide for codification of these ordinances in Chapter 22. Special Districts of the Monroe County
Code.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance 005-1992 enacted by BOCC February 6, 1992
Ordinance No. 012-1994 enacted by BOCC June 16, 1994
Ordinance No. 041-1994 enacted by the BOCC December 14, 1994
Ordinance No. 001-2009 enacted by the BOCC January 28, 2009
8/20/14 (M-9) BOCC approved Public Hearing for September 17, 2014 at 3 p.m. in Marathon, FL
CONTRACT/AGREEMENT CHANGES: Not applicable
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes — No X AMOUNT PER MONTH Year
APPROVED BY: County Ae OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 7/09
AGENDA ITEM #__q-5
* REVISED BACK-UP: Sec. 22-127(5), MCC
Clarifie$ the Advisory Board
recomendation process.
Commissioner Rice
ORDINANCE - 2014
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
CREATING SECTION 22-127. CHAPTER 22. SPECIAL
DISTRICTS, OF THE MONROE COUNTY CODE
RE -ADOPTING ORDINANCE NO. 005-1992 (THE DUCK KEY
SECURITY DISTRICT ORDINANCE) AS AMENDED BY
ORDINANCE NO. 012-1994 AND ORDINANCE NO. 041-1994,
AMENDING SECTION 5. OF ORDINANCE NO. 005--1992 TO
PROVIDE TERM LIMITS FOR ADVISORY BOARD MEMBERS
AND OFFICERS, FREQUENCY OF MEETINGS AND
ATTENDANCE REQUIREMENTS; PROVIDING FOR
SEVERABILTTY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 6, 1992 the Board of County Commissioners (BOCC) enacted
Ordinance No. 005-1992 , which created the Duck Key Security District and established the Duck Key
Security Advisory Board (DKSAB); and
WHEREAS, on June 16, 1994, the BOCC enacted Ordinance No. 012-1994, which amended
Section 8 of Ordinance No. 005-1992 in order to remove the sunset provision and provide that Duck
Key Security District may be abolished by a referendum approved by a majority vote of the District
electors in years with a primary election; and
WHEREAS, on December 14, 1994, the BOCC enacted Ordinance No. 041-1994 which
amended Section 6. of Ordinance No. 005-1992 providing that only one residential assessment may be
made under certain conditions when one residence occupies a multiple lot site; and
WHEREAS, Ordinance No. 001-2009, which adopted and enacted a new code of ordinances to
re -codify existing County Code, did not include Ordinance No. 005-1992, Ordinance No. 012-1994 and
Ordinance No. 041-1994 as they inadvertently were not previously codified in the Monroe County
Code; and
WHEREAS, the Duck Key Security District was created under the statutory authority of F.S.
125.01(q) and is otherwise still in effect; and
WHEREAS, since Ordinance No. 005-1992, as amended by Ordinance No. 012-1994 and
Ordinance No. 041-1994, should be re -adopted and codified in the Monroe County Code; and
Page 1 of 5
WHEREAS, The DKSAB has made recommendations that set forth term limits, frequency of
meetings, and attendance of meetings relating to the DKSAB; and
WHEREAS, changes to the conditions, qualifications, or terms of the DKSAB members should
be adopted by ordinance by the BOCC and codified in the Monroe County Code;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 22-127 of Chapter 22 Special Districts shall be created to re -adopt
Ordinance No. 005-1992, as amended by Ordinance 012-1994 and Ordinance No. 041-1994, and as
amended herein to read as follows:
Section 22-127. Duck Key Security District created.
(1) DISTRICT CREATED.
A Security District is hereby created pursuant to Florida Statutes 125 01(1)(g) which
encompasses Center Island. Plantation Island Harbour Island. and Yacht Club Island of Duck
Key Subdivision according to the resubdivision thereof as recorded in Plat Book 4. Pages 7. 8.9.
10. 11. and 12 of the Public Records 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
(2) NAME OF DISTRICT.
The name of the District shall be known as the DUCK KEY SECURITY DISTRICT hereinafter
the District.
(3) PURPOSE OF DISTRICT.
The District shall be established for the sole and restricted purpose of providing security services
for the District.
(4) DESIGNATION OF THE GOVERNMENT 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.
(5) ESTABLISHMENT OF ADVISORY BOARD.
An Advisory Board is hereby established for the Duck Key Security District The 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 BodL The Monroe County Sheriffs 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 Board shall consult with the appropriate staff of the County
Page 2 of 5
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 term. 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 chahm vice-chairman
and a secretary. The Advisory Board shall recommend, with the approval of a mjLjorijy of a
guoram of the board members e., * a Men, A81h p in wwewrb'O w.nftwo er b -
beget and the Board of County Commissioners may approve the actions of the Duck Key
Security District. The powers of the Board of Cog= Commissioners shall include but not be
limited to:
a. Enter into contracts and agreements:
b. Have exclusive control of funds legally available to it subject to limitations imposed by
law or by this Ordinance or by any agreement validly entered into by it:
c. Cooperate and contract with other governmental agencies or other public bodies:
d. Contract with the county or private agencies for increased levels of law enforcement
protection. including additional personnel•
e. Make and collect non ad valorem assessments to finance the law enforcement services
authorized in this section,•
f Exercise all lawful powers incidental to the effective and expedient exercise of the
forming Rgwers.
(6) ASSESSMENTS.
The Advisory Board shall preuare to the Governing Body a proposed budget for the Duck Ke
Security District within ninety days of the date of the passage of this ordinanceThe 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
Page 3 of 5
the next available primary or general election to approve the collection of non ad valorem
assessments as provided by Sec. 197.3632, Fla. Stat to support the imRlementation of District
law enforcement services. The initial assessment shall not be levied unless first approved by a
maiority 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
pursuant take no further action to this ordinance and shall act with dispatch to repeal the same If
approved, and for the years following the initial year. the Advisga Board shall annually prepare
a budget and submit it for acceptanm rejection. or modification by the Governing Body and the
imposition of such non ad valorem assessments as may be needed Except as provided in
RamWph 8. there shall be no need for referenda in subsequent years unless an assessment
increases more than ten percent (10%) over the previous year or increases to more than the sum
of_$2300.00 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 unimproved lot assessment per unimproved lot. regardless of ownership unless exempt by
state law. In the case of a residential unit that is built on more than one lot or in the case of a
residential unit that is located on a site composed of more than one lot when the lots are in
common ownership and subject to a recorded um1y of title declaration or N=Mmt then onl
one residential assessment may be assessed regardless of the number of lots involved
Lots with houses under construction on January I" of each year shall pay the unimproved lot
assessment unless the construction thereon has been substantially completed by Januar'of
each year after which the lots will be assessed as residences
In addition to the Neceding. the District budget shall also be approved pursuant to all general
law relating to the adoption and preparation of County budgets
(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 Court. The funds shall be maintained under a separate account and shall
only be used for purooses authorized by this Ordinance and shall be disbursed only upon the
direction of the Governing Body Dursuant to the requisitions signed by the Mayor and
countersigned by the Clerk of the Court.
(8) SUNSET CLAUSE.
The Duck Kev Security District may be abolished by referendum in any primary election year by
the maig ty vote of the District electors voting in the referendum The referendum must be held
at the September primary election to assure that the Distria if the electors so decide is timely
abolished for the ensuing fiscal year. The referendum may only be called by the Board of County
Commissioners upon the presentation of petition requesting the referendum signed by 20% or
more of the qualified District electors. The petition must be presented to the Board at least two
months in advance of the September primary to assure that sufficient time is available to place
the referendum on the September ballot.
Note: Re -adopted language (Ordinance No. 005-1992, Ordinance No. 0124994 and Ordinance No.
041-1994) to be incorporated into the Monroe County Code (codified) is reflected by i°underline".
Re -adopted language being deleted is reflected by " ". Additional "new"
language being added is reflected by "double -under ine",
Page 4 of 5
SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or
declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions
of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any
person, property or circumstances, such holding shall not affect its applicability to any other person,
property or circumstances.
SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 4: INCLUSION IN CODE OF ORDINANCES. 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 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the
Department of state and shall be effective as provided in section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the day of . 2014.
Mayor Sylvia Murphy
Mayor Pro Tem Danny Kolhage
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
(SEAL)
Attest: AMY HEAVILIN, Clerk
By.
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairperson
Page 5 of 5
MONROE COUNTY .ATTORNEY
APPRO( ,,,') `\S TO FORM:
CHRIST?NF#T•BARROWS
ASS11TA h I�-
' AT C?RNEY
Date
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on September 17, 2014 at
3:00 P.M., or as soon thereafter as may be heard, at the Marathon Government Center, 2798
Overseas Highway, Mile Marker 50, Marathon, Monroe County, Florida, the Board of County
Commissioners of Monroe County, Florida, intends to consider the adoption of the following County
ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA CREATING SECTION 22-127.
CHAPTER 22. SPECIAL DISTRICTS, OF THE MONROE COUNTY
CODE RE -ADOPTING ORDINANCE NO. 005-1992 (THE DUCK KEY
SECURITY DISTRICT ORDINANCE) AS AMENDED BY
ORDINANCE NO. 012-1994 AND ORDINANCE NO. 041-1994,
AMENDING SECTION 5. OF ORDINANCE NO. 005-1992 TO
PROVIDE TERM LIMITS FOR ADVISORY BOARD MEMBERS
AND OFFICERS, FREQUENCY OF MEETINGS AND ATTENDANCE
REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES AND PROVIDING
FOR AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
ADA ASSISTANCE. If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441,
between the hours of 8.30 a.m. - 5.00 p m., no later than}ive (5) calendar days prior to the scheduled meeting;
if you are hearing or voice impaired, call "7111:
Dated at Key West, Florida, this 20b day of August, 2014.
AMY HEAVILIN, Clerk of the Circuit Court
(SEAL)
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
KW Citizen (Su) 8/24/14
Keynoter (Sa) 8/23/14
Reporter (Fr) 8/29//14
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Au= 20, 2014
Bulk Item: Yes X No
Division: County Attorney
Staff Contact Person/Phone #:
Christine Limbed -Barrows 2 3470
AGENDA ITEM WORDING: Approval to advertise a public hearing to approve an ordinance of the
Board of County Commissioners amending Section 5 of Ordinance 005-1992 and readopting
Ordinance 005-1992 (creating the Duck Key Security District), as amended by Ordinance No. 012-
1994; Providing for term limits of advisory board members, provide for meeting frequency and
attendance requirements and providing for codification and creating Section 22-127 in the Monroe
County Code.
ITEM BACKGROUND: The Duck Key Security District Advisory Board (DKSDAB) has made
recommendations regarding term limits for advisory board members, and meeting frequency and
attendance requirements for advisory board members. This ordinance adopts those recommendations
and also readopts the provisions in Ordinance No. 005-1992, as amended by Ordinance No. 012-1994,
which was inadvertently omitted from Ordinance No 001-2009 which adopted and enacted the new
code of ordinances. Ordinance No. 005-1992 and 012-1994 were inadvertently not codified in the
Monroe County Code and by adoption of this ordinance will now be codified in Chapter 22 Special
Districts.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance 005-1992 enacted by BOCC February 6, 1992.
Ordinance No. 012-1994 enacted by BOCC June 16, 1994.
Ordinance No. 001-2009 enacted by the BOCC January 28, 2009.
��•+� JL Not applicable
STAFF RECOMMENDATIONS: Approval to advertise a hearing as requested
TOTAL COST-.Adv. Costs INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes_ No X AMOUNT PER MONTH Year
APPROVED BY: County A4t_
OMB/Purchasing Risk Management
DOCUMENTATION: Included X _ Not Required
DISPOSITION: AGENDA ITEM #
Revised 7109
a
1. Ordinance No. 005-1992
2. Ordinance No. 012-1994
COUNTY ATTORNEY TEL:305-292-3516 Nov 17.94 10:25 No.001 P.01
Commissioner Anal
OgR2M N0. 005 -1992
AN ORDINANCE OF TUN BOARD OF COUNTY COMMIS-
SIOMERS OF NONROE COUNT'T, FLORIDA. ESTABLISB-
ING A SECURITY DISTRICT FOR THE RESID8NTTAL
ISLANDS OF DUCK REV. M011RDE COUM, FLORIDA.
AS AUTWRIZED BY DZC1616Oa 123.01(q)(1)
FLORIDA sTATlTiRs I PROVIDING too, TEii
LSTABLISNML'Nt OF A BOARD OF DUMCTORB OF T'NE
DISTRICTn PROVIDIXti FOR AN ADVISORY BOARD FOR
c. u, TNB DTSTRICTs PROVIDING FOR DISTRICT POWSRS
�! INCLUDING MM RLSTRICTRD POWSK 7+0 ABBEBS REAL
cc
PVRPOSESs PROVIDING FOR FFISCAL NANAMM,
Cr PROVIDIW FOR 142"1'ABILITTe PROVIDTW FM
REPM OF ALL ORD10"cl: INCONSISmT
VUZV Tl1n PROVIDING FOR Ilf00RFORATIOa IMTO
Uj G TM MM M COUM!! COOK AND PROVIDING All
w
p1l Ei�ECTIYE DATR.
W410 i, the Fbaros County Board of County Camdssionars is
authorised to establish a Special Security District in Vbaroe
County, Florida, pursuant to Section 125.01(q)(1) of the Florida
statutes) and
WREREAS, the residents of Duck toy Subdivision in Hear"
County, Florida, desire to create a Security District for certain
areas of Duck Key to be known as the Duck Key Sewity District!
NOW, THNNSTORE, BE IT ORDAINED BY Tea BOARD OF COUNTY
COMIIIISSIONERS OF MUM COUNTY, FLORIDA, that2
Section j. DISTRICT CRL M.
A Security District is hereby created pursuant to Florida
Statutse 125.01(q)(1) which eacaspasses Center Island. Plantation
Island. Narbcuv Island, and Yacht Club Island of Deck toy
Snbdivisicu-Accordias to the resubdivision thersof as recorded in
Plat Book 4, lases 7, A, 9, 10, 11 and 12 it the Public Records
COUNTY ATTORNEY TEL:305-292-3516 Nov 17.94 10:25 No.001 P.02
Of Monroe County, Florida, but s:eludiag faction 1, also known as
ladies Island of that resubdivision. XWO Pasticaiarly described
as a portion of Section 16 and 20, 21, Township 658, %34l, Monroe
COMM Florida.
.4 NAM OF DISTRICT.
The name of the District shall be known as DUCK 1GEY SECORLTY
DIS RIECT, hereinafter the District.
Sect. rORPOSE OF DISTRICT.
The District shall be established far the sole and restricted
pug go of providing security services for the District.
sects DutGaTtom OF TRe G0V9 WM DORY.
The Coup Casissiom of the county of momm County, piorida, to
hereby designated sa the District Governing Body. the chairs=
of the district gowrniai body shall be the Mayor, of 110nr0e
County.
Sec_ � MJa L'StABLIGUMil T OF ADVISORT DODO.
An Advisory Board is hereby established for the Duck Kay security
District. This Advisory Board shall bs composed of seven awbers
vim shall be owners of real property located In the district or
residents tharsvf. The mssbars of the Advisory Board shall be
appointed by the Governing Body. 7be Mourne County Sheriff's
Office shall appoint one "'OfficiO sNmbar to the Advisory Board,
The Advisory Board shalt perform such duties as guy be prescribed
by the Coveraing Body and this Ordinance and shall submit within
the tiro period specified by the GMUSIMg Body Or this Ordinance
as applicable a rOPelt on the District's proposed activities and
a proposed budget to accomplish the District's objectivese to
formulating a plan for law enforessemt services, the Advisory
2
COUNTY ATTORNEY TEL:305-292-3516 Nov 17 A4 10:30 No.002 P.01
Board shall consult with the appropriate staff of the County of
.Monroe or the Shasiff of Moss" Conn ty, is assist is the
prepasatioa of the District's plan for aocl► serviose. All
ssetiap of the Adrtsosy Board shall be open to the public.
This Advisory Board members •ball be appointed for staggered tams
of three years. Th« ioitisl appointment shall be three members
far a sae yeas tom two aambess for a two year term and two
ssmbars for a tbras year Less. Vacancies shall be filled for the
urrhacpirsd portion of a two in the acme Owns" " the initial
appointment is made, T.acb m "er shall bold office until his
auccsssor is appointed and qualified aalose the msmb" ceases to
be qualified or is remo"d fro• office. All members shall same
at the plesswee of the Beard of County Caei"Loaetas except for
the ex-officio umber appointed by the Sheriff. Upon appointment
and qualification each yew the aaebees shall ospaeri:e by
leetinS from their aemb--ship a cbaisssn and a secrotasy. The
Advisory Board sbal ,xi the approval of a usiosity
of a gnosus of Petty •. rdhethes IS person, by proxy,
absent" 614 lot Board of Coaaty Commtssionese map
ove. the ant one of the Dock Uey Seoority District. The
posers of the Board of County Comsissioness shall lacluft but not
be lisitod ton
1) Eater Into contracts cad agreamsster
2) Uvs MCUOivs control of frmde la;ally available
to it* sabJact to limitatioma imposed by law or by this
Ordinance or by nay aisasmwt validly entered into by
It,
3
COUNTY ATTORNEY TEL:305-292-3516 Nov 17.94 10:30 No.002 P n2
3) Cooperate and aoatraat ultb otbsr governments,
males or otber public bodiest
b) Contract with the county or private agencies for
Increased levels of law enforcement protection,
Including additional persounalt
S) Make and collect non ad valorem aeseaaosats to
finance the lam► enfereemsat services autborised in this
sections
6) Easraiae all lawful poxese incidental to the
effective and exgadiont saercAae of tbs fotegoist
poMess.
ASSESSMZNTB.
The Advioory Board shall prepare to the Governing Body • peopossd
budget for the Duch Key Security District witbis ninety days of
the date of the pasesge of this Ordinance. Tin Covendus Body
ass accepts, reject or ssfd fy -the budget. Dow the
acceptance of the initial proposed budget, the Coversiag Body
"sit autbortze a raferssdum in the District to be bold at the
nest available primary oar general election to approve the
colieetion of Mon ad valorem► assessmeata as provided by Sec.
197.3632, Fla. Stat., to support the implemsntation of District
law enforcement asrvicee. The initial asseaament shall not be
levied unless first approved by a majority of voting rasidsuts in
the rafers *M called for that rMose, The initial non ad
valorem aesesessnt for this budget shall be no core tbas $200.00
Per iaP:oved lot and $20.00 pas uaispsoved lot. If the
referendum is disapPreved by the voters. them the Cowraing Body
$hall take no further action pursuant to this ordinaaae and shell
4
COUNTY ATTORNEY TEL:305-292-3516 Nov 17.94 10:32 Nn.009 P,03
act with dispatch to repeal the ran. tf approved, and for the
years folladad the initial yeas. the Advieosy Body shall
aaatually prepare a budiet'aad submit it for acceptance, rejection
oT Modification by the Coveniap Body and the 1"W81tiom of such
apt ad valorem assessmsats as soy be needed. Lxcept as provided
in paragraph 8, these shall be no aced for referenda in
M*4"wnt years unless as sesessmsns increases more tban too
percent (10%) over the previous year or increases to more than
the sum of $300,00 POT improved lot or more than the sun 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 ore unimproved lot
aasesemeat POT unimproved lot, Tegardleea of ownership unless
exempt by state law.
Lots with bowse under construction on janusry 1st of each year
shall pay the unimproved lot assessment unless the construction
thereon has been substantially completed by January lot of each
year after which the lots will be assessed " residences.
In addition to the precesdiag, the District budget shall also be
approved pursuant to all ieneral law relatieS to the adoption and
preparation of County budgets.
. t.,Ma�.
All District funds shall be received, bald, secured, if, the samm
manner as other county funds by the Clerk of the Circuit Court.
The funds shall be maintained under a separate account and shall
only be wed for purposes autbosind by this Ordinance sad •ball
be disbursed only upon the direction of the Bove "dy
3
COUNTY ATTORNEY TEL=305-292-3516
Nov 17 . 94 10 : 3 7 Nn nr12 P.04
Parsumt to the s sitions maned by the Mayor sod
countessismad by the Clelr of the court.
Imu"• am,
The Dock Ly Security District $hail cease to exist at the sad of
the foartb year after adoption unlssa Continued for a subsequent
four years by referanduss approving the eonti=,em Ion of the
District by a majmdty vote of the votere in the District.
Saet.. i.. � a 'If soy section, subsection, sentence, Glans
or Provision of this Ordinsnce is hold invalid, the remainder of
this Ordinance shall not be affected'by such. invalidity.
All ordinaae*a or parts of ordinances in
conflict with this Ordinance are hereby repealed to the esteot of
said conflict.
ISSUM-11, The Provisions of this Ordinance shall be
iaeiudsd Gad iaaorperated in the Code of Ordinances of the County
Of Konroe, Fioridsj, as an addition or waWWWWe thereto, and
$hail be appropriately renumbered to eoafom to the uniform
numbering system of the Cods.
Doc_, t�ton 1,? This Ordinance shall be filed is the Office
Of the Secretary of state, state of 8iorida, but $hall not take
effect until a referenduis approving the ordinance has been passed
by the electors of the District.
PASSID Abet ADOMD by the Board of county Cosmiasioaera of
Koares County, Florida, at a special meeting of said loud hold
on the A& day of j,M, A.D., 1992. .
now warvey
a�Pro 7010 London
ssloaar9 Meal
6
COUNTY ATTORNEY TEL:305-292-3516 Nov 17.94 10:33 No.002 P.05
ca miaaieaes imam
Coasiasionet StQz=ftt
(SEAL) SOMM OF COUNTY cww88tO83R8
Attests RANT L. ROLBAUt CLEFT. OS l8 nal COum. TLORT"
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Cgaaiissioner Cheal
,+ ORDEMME NO. 012 -1994
i!!1 ORpIN MI AMMMING SECTION 8 OF QRDINANCZ NO.
-,005-1.9" 4T118 OKK In SBC.ORITY DISI'JIza ==Am=) IN
�•' �bRDER �0 PROVIDd =&T TRS DUC[ REY SWMITY DISTRICT
MAY BE .ABOLISB® BY A - APPROVED `BT A MAJORITY
VOTE OF THE DISTRICT PROIII8M TUC =Z RBA VOTING
BL AMD O Mg
WITH A PRUMX ELECTION AND ONLY AT TNZ SEPTEMBIlt
PRIMARY] PROVIDIRI -MM MM -BOARD or, COUNTY CMMSSION-
ERS MAY ONLY- CALL At. THE RZYMU IDOM UPON!TH8 PRLS=TA-
TION OF A PRTITION SIGNED BY 202 OF THE DISTRICT
Ll M=-,ts PROVIDING FOR SEVERARILITY-s-- }�ROVIDIIIG- FOR
REPEAL OF AIL GWZZUNCFA INCO)1SiSTRBz KITH•
ING FOR INCORPORMON INTO THZ MONROS COUNTY CODE** AND
PROVIDING !UP EFFECTIVZ DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROB COUNTY. FLORIM4 chow.
Section 1. Section 8 of ordinance No. 003-1992 is hereby
amended to road as follows:
Sam; SUBSET CLAln88
Section 22,._ If any section, subsection. sentence, clausi
or provision of this ordinance is held invalid, the remainder of
this ordinance shall not be affected by such invalidity.
Section_.„= hII ordinances or parts of ordinances in
conflict With this ordinance are hereby repealed to the extent of
said conflict.
$moo 4 The provisions of this ordinance sba11 be
included and incorporated in the Coda of Ordinsocea of the Co:mty
of Monroe. Florida, as as addition or amendment thereto, and
shall be appropriately reauabered to confom to thi vaifo=
numbering system of the Code.
Section TREG ordinance shall take affect imsediately
upoWreosipt.of official notice from the Office of the Secretary
of State of the State of Florida chat this ordinance has been
filed with said Office.
PASSED AND ADOPTED by the Board of Comty Commissionors of
Monroe County, Florida, at a refnlar sleeting of said Board held
an the - Uths day oC ,; . A.D. , 1994.
!mayor London
Mayor Pro Tom Cheal
Cosmiissioer Harvey
Commissional FiCvoan
Commissioner Reich
(SEAL)
Attest: DAWAY LAOLLWE, Clerk
S.L e
By.•
eputy raeric.
EFFECTIVE DATE
viidickey
OBOARD OF Codl18SIOan
. FLOItIDA
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 17, 2014 - MAR
Bulk Item: Yes X No
Division: County Attorney
Staff Contact Person/Phone #:
Christine Limbert-Barrows, 292-3470
AGENDA ITEM WORDING: A public hearing to consider an ordinance of the Board of County
Commissioners creating Section 22-127., Chapter 22. Special Districts in the Monroe County Code
readopting Ordinance 005-1992 (creating the Duck Key Security District), as amended by Ordinance
No. 012-1994 and Ordinance No. 041-1994; amending Section 5. of Ordinance 005-1992; providing
for term limits of advisory board members and officers, providing for meeting frequency and
attendance requirements and providing for codification in the Monroe County Code.
ITEM BACKGROUND: The Duck Key Security District Advisory Board (DKSDAB) has made
recommendations regarding term limits for advisory board members and officers, and meeting
frequency and attendance requirements for advisory board members. This ordinance adopts those
recommendations and also re -adopts the provisions in Ordinance No. 005-1992, as amended by
Ordinance No. 012-1994 and Ordinance No. 041-1994 which were inadvertently omitted from
Ordinance No 001-2009 which adopted and enacted the new code of ordinances re -codifying existing
County Code. It was discovered, however, that Ordinance No. 005-1992, Ordinance No. 012-1994 and
Ordinance No. 041-1994 were inadvertently never codified in the Monroe County Code. In that these
ordinances were not specifically cited in Ordinance No. 001-2009, adoption of this ordinance will
provide for codification of these ordinances in Chapter 22. Special Districts of the Monroe County
Code.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance 005-1992 enacted by BOCC February 6, 1992
Ordinance No. 012-1994 enacted by BOCC June 16, 1994
Ordinance No. 041-1994 enacted by the BOCC December 14, 1994
Ordinance No. 001-2009 enacted by the BOCC January 28, 2009
8/20/14 (M-9) BOCC approved Public Heating for September 17, 2014 at 3 p.m. in Marathon, FL
CONTRACT/AGREEMENT CHANGES: Not applicable
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County At&q'�'l OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
Conmiissioner Rice
•also
/ 1 1 y
101 DI,1 1r1
oil
r r 1
WHEREAS, on February 6, 1992 the Board of County Commissioners (BOCC) enacted
Ordinance No. 005-1992 , which created the Duck Key Security District and established the Duck Key
Security Advisory Board (DKSAB); and
WHEREAS, on June 16, 1994, the BOCC enacted Ordinance No. 012-1994, which amended
Section 8 of Ordinance No. 005-1992 in order to remove the sunset provision and provide that Duck
Key Security District may be abolished by a referendum approved by a majority vote of the District
electors in years with a primary election; and
WHEREAS, on December 14, 1994, the BOCC enacted Ordinance No. 041-1994 which
amended Section 6. of Ordinance No. 005-1992 providing that only one residential assessment may be
made under certain conditions when one residence occupies a multiple lot site; and
WHEREAS, Ordinance No. 001-2009, which adopted and enacted a new code of ordinances to
re -codify existing County Code, did not include Ordinance No. 005-1992, Ordinance No. 012-1994 and
Ordinance No. 041-1994 as they inadvertently were not previously codified in the Monroe County
Code; and
WHEREAS, the Duck Key Security District was created under the statutory authority of F.S.
125.01(q) and is otherwise still in effect; and
WHEREAS, since Ordinance No. 005-1992, as amended by Ordinance No. 012-1994 and
Ordinance No. 041-1994, should be re -adopted and codified in the Monroe County Code; and
Page 1 of 5
WHEREAS, The DKSAB has made recommendations that set forth term limits, frequency of
meetings, and attendance of meetings relating to the DKSAB; and
WHEREAS, changes to the conditions, qualifications, or terms of the DKSAB members should
be adopted by ordinance by the BOCC and codified in the Monroe County Code;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 22-127 of Chapter 22 Special Districts shall be created to re -adopt
Ordinance No. 005-1992, as amended by Ordinance 012-1994 and Ordinance No. 041-1994, and as
amended herein to read as follows:
Section 22-127. Duck Key Security District created.
(1) DISTRICT CREATED.
A Security District is hereby created pursuant to Florida Statutes 125 01(1)(g) which
encompasses Center Island, Plantation Island Harbour Island and Yacht Club Island of Duck
Key Subdivision according to the resubdivision thereof as recorded in Plat Book 4 Pages 7 8 9
10, 11, and 12 of the Public Records 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
(2) NAME OF DISTRICT.
The name of the District shall be known as the DUCK KEY SECURITY DISTRICT hereinafter
the District.
(3) PURPOSE OF DISTRICT.
The District shall be established for the sole and restricted purpose of providing security services
for the District.
(4) DESIGNATION OF THE GOVERNMENT 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 Ma,, orroof
Monroe County.
(5) ESTABLISHMENT OF ADVISORY BOARD.
An Advisory Board is hereby established for the Duck Key Security District The 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 Sheriffs Office shall appoint one ex-officio member to
the Advisory Board. The Advisory Board shall perform such duties as ma robe 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 Board shall consult with the appropriate staff of the County
Page 2 of 5
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 term. 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 exc!gp
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 chairmanvice-chairman
and a secretary. The Advisory Board shall recommend with the approval of a majority of a
quorum of the property owners, whether in person by -proxy or by absentee ballot and the
Board of County Commissioners mLay approve, the actions of the Duck Key Securijy District.
The powers of the Board of County Commissioners shall include but not be limited to:
a. Enter into contracts and agreements,
b_ . Have exclusive control of funds legally available to it subject to limitations imposed by
law or by this Ordinance or by any greement validly entered into by it.
c. Cooperate and contract with other governmental agencies or other public bodies;
d. Contract with the oun
& or private agencies for increased levels of law enforcement
protection, including additional personnel,•
e. Make and collect non ad valorem assessments to finance the law enforcement services
authorized in this section,
f. Exercise all lawful powers incidental to the effective and expedient exercise of the
forgoing powers.
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(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 valorem
Page 3 of 5
assessments as provided by Sec. 197.3632 Fla Stat to support the implementation of District
law enforcement services. The initial assessment shall not be levied unless first approved by
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 act with dispatch to repeal the same If
approved, and for the years following the initial year, the Advisory Board shall annually prepare
a budget and submit it for acceptance, rejection, or modification by the Goveming 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 (10%) over the previous year or increases to more than the sum
of $2300.00 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 unimproved lot assessment per unimproved lot regardless of ownership unless exempt by
state law. In the case of a residential unit that is built on more than one lot, or in the case of a
residential unit that is located on a site composed of more than one lot when the lots are in
common ownership and subject to a recorded unity of title declaration or agreement then only
one residential assessment may be assessed regardless of the number of lots involved
Lots with houses under construction on January 1" of each year shall pay the unimproved lot
assessment unless the construction thereon has been substantially completed b, Januar 1� " of
each vear after which the lots will be assessed as residences
In addition to the preceding, the District budget shall also be approved pursuant to all general
law relating to the adoption and preparation of County budgets
(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 Court. The funds shall be maintained under a separate account and shall
only be used for purposes authorized by this Ordinance and shall be disbursed only pon the
direction of the Governing Body pursuant to the requisitions signed by the Mayor and
countersi rg ied by the Clerk of the Court
(8) SUNSET CLAUSE.
The Duck Key Security District may be abolished by referendum in any primary election year by
the majority vote of the District electors voting in the referendum The referendum must be held
at the September primary election to assure that the District if the electors so decide is timely
abolished for the ensuing fiscal year. The referendum mgy only be called by the Board of County
Commissioners upon the presentation of petition requesting the referendum signed by 20% or
more of the qualified District electors. The petition must be presented to the Board at least two
months in advance of the SgRtember primary to assure that sufficient time is available to place
the referendum on the September ballot.
Note: Re -adopted language (Ordinance No. 005-1992, Ordinance No. 012-1994 and Ordinance No.
041-1994) to be incorporated into the Monroe County Code (codified) is reflected by "underline".
Additional "new" language being added to this section is reflected by "double -underline".
Page 4 of 5
SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or
declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions
of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any
person, property or circumstances, such holding shall not affect its applicability to any other person,
property or circumstances.
SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 4: INCLUSION IN CODE OF ORDINANCES. 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 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with the
Department of state and shall be effective as provided in section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the day of 12014.
Mayor Sylvia Murphy
Mayor Pro Tem Danny Kolhage
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
(SEAL)
Attest: AMY HEAVILIN, Clerk
Lei NO MCI . s l . N>
By By
Deputy Clerk Mayor/Chairperson
Page 5 of 5
-sill�', ' 1
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on September 17, 2014 at
3:00 P.M., or as soon thereafter as may be heard, at the Marathon Government Center, 2798
Overseas Highway, Mile Marker 50, Marathon, Monroe County, Florida, the Board of County
Commissioners of Monroe County, Florida, intends to consider the adoption of the following County
ordinance:
all, 1 1 i
1
1' 1
�• 1 11<1 1' `'•-----------
FOR REPEAL OF ALL ORDINANCES I1 1
•EREWITH; PROVIDING F1' INCORPORATION INTO THE
MONROE COUNTY11 OF ORDINANCESrPROVIDING
FOR AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
ADA ASSISTANCE. If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441,
between the hours of 8.30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting,
ifyou are hearing or voice impaired, call 11711':
Dated at Key West, Florida, this 20h day of August, 2014.
AMY HEAVILIN, Clerk of the Circuit Court
(SEAL) and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
KW Citizen (Su) 8/24/14
Keynoter (Sa) 8/23/14
Reporter (Fr) 8/29//14
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 20, 2014
Bulk Item: Yes X No
Division: County Attorney
Staff Contact Person/Phone #:
Christine Limbert-Barrows, 292-3470
AGENDA ITEM WORDING: Approval to advertise a public hearing to approve an ordinance of the
Board of County Commissioners amending Section 5 of Ordinance 005-1992 and readopting
Ordinance 005-1992 (creating the Duck Key Security District), as amended by Ordinance No. 012-
1994; Providing for term limits of advisory board members, provide for meeting frequency and
attendance requirements and providing for codification and creating Section 22-127 in the Monroe
County Code.
ITEM BACKGROUND: The Duck Key Security District Advisory Board (DKSDAB) has made
recommendations regarding term limits for advisory board members, and meeting frequency and
attendance requirements for advisory board members. This ordinance adopts those recommendations
and also readopts the provisions in Ordinance No. 005-1992, as amended by Ordinance No. 012-1994,
which was inadvertently omitted from Ordinance No 001-2009 which adopted and enacted the new
code of ordinances. Ordinance No. 005-1992 and 012-1994 were inadvertently not codified in the
Monroe County Code and by adoption of this ordinance will now be codified in Chapter 22 Special
Districts.
PREVIOUS RELEVANT BOCC ACTION:
Ordinance 005-1992 enacted by BOCC February 6, 1992.
Ordinance No. 012-1994 enacted by BOCC June 16, 1994.
Ordinance No. 001-2009 enacted by the BOCC January 28, 2009.
CONTRACT/AGREEMENT CHANGES: Not applicable
STAFF RECOMMENDATIONS: Approval to advertise a hearing as requested.
TOTAL COST: Adv. Costs INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: CountyA OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION• AGENDA ITEM #
Revised 7109
KJIL7T
"I
1. Ordinance No. 005-1992
2. Ordinance No. 1
COUNTY ATTORNEY TEL:305-292-3516 Nov 17.94 10:25 No.001 P.01
Commissioner al
� • r _I I♦ • • 'I ♦ I' I ♦I
WEEMS, the Monroe County Board of CountyCommissioner* is
authorised to establish a Special Security District in Monroe
County. Florida® pursuant to Section 125.O1(q)(1) of the Florida
statutes, and
the residents of Duck toy Subdivision in Monroe
ty. Florida, desire to treats a Security District for certain
areas of Duck Key to be known as the Duck FAy Security Districts
THERMRS, Bit IT ORDAINO BY THE WARD OF COUM
CM91ISSIONERS OF monRoz couny, noRIDA, is
DISTRICT CRUM.
A Security District is hereby crested pursuant to Florida
Statutes 125.01(q)(1) which encompasses Center Island, Plantation
Tslard, Harbour Island, and Yacht Club Island of Dock toy
Subdivision according to the resubdivision thereof as recorded in
Plat Book 4, Pages 70 8, !, l0, 11 and 12 �f the Public Records
COUNTY ATTORNEY TEL:305-292-3516 Nov 17.94 10:25 No.001 P.02
of Monroe Countyq Florida. but excluding Sectim 1. also known as
Udies Island of that resubdivision® XWO Pfrtl=larly doseribed
AS a Portion of Section li and 20, 21, Township 6350 R34S, Monroe
County, Florida.
Section 2.NAME OF DISTRICT.
The no of the District shall be known as DUCK KEY SECURITY
DISTRICT. hereinafter the District.
8 08E OF DISTRICT.
The District shall be established fox the sole and restricted
purpose of providing security servicis for the District.
-ection 4. DESIGNATION OF TJM COVUWZyAC BODY.
The County Commission of the County of Monroa C
Nmty@ Florida® is
hereby designated *a the District Governing Day. The chairman
Of the district governing body shall be the Mayor of Monroe
County.
section S. ESTABLIGHMM OF ADVTSORT MRD.
An Advisory Board is hereby established for the Duck Key Security
District. This Advisory Board shall be composed of seven members
who shall be arners of real property located in the district or
residents tberaof. TheEmbers of the Advisory Board shall be
appointed by the Governing Body. Th• Moree County Sheriff's
Office shall appoint ex•officio amber to the Aftlemy Board.
The Advisory Board shall perform suoh duties as may be prescribed
by the Governing Body and this Ordinance and shall submit within
the time period specified by the Coverning Body or thin Ordinance
as applicable a report anIthe District'* Proposed activities and
a proposedbudget to accomplish the District's objectives, is
f lati"S a plan for law enforcement services, the Advis
ory
E3
COUNTY ATTORNEY TEL:305-292-3516 Nov 17 A4 10:30 No.002 P.01
Board small consult with the appropriate staff of the County of
roe or the Sheriff of oe countyp to assist in the
preparation of the District's plan for such services. All
msstings of the Advisory Board shall be open to the public,,
The Advisory Board ambers shall be appointed for staggered tome
I
of three years. Tha initial appointment shall be three wenbers
for a one year terms two umbers fora two year togu and two
members for a three year term. Vacancies shall be filled for the
unexpired portion of a two in the same maiwer as the initial
appointment is evade. Each amber shall hold office until his
successor is appointed and qualified unless the member ceases to
be qualified or is removed frow office. Al! era shall serve
at the pleasure of the board of county Consigglofters, except for
the ex-officiv memberappointed by the Sheriff. Upon appointmaat
and qualification each year the umbers shall organize by
lotting from their membership a chairman and a secretary. The
AdvisoryBoard ahai <!i the approval of a Majority
io—
f aq oft a property e, e s io person, by proxy,
y absentee lot, Board of ty si s r the actions of the Duck Key Sscurity District_ Tho
Powers of the Board of County ssioners shall Include but not
be limited to®
1) Enter into contracts and sersoments,
2) Have exclusive control of funds legally available
to it, subject to limitations Imposed by law or by this
Ordinance or by any agreement validly entered into by
Ito
3
COUNTY ATTORNEY TEL:305-292-3516 Nov 17.94 10:30 No.00? P n2
3) cooperate and contract witb other gave nsmgal
aBescies or otber public bodiess
4) Contract vitb the county ar private agencie, for
increased levels of law enforcement protection®
inaludiow additional personnels
3) Make and collect non ad valorem asses to to
finance the law onfOrcoment services autborised is this
section&
6) Wrcise all lawful powers incidental to the
effective and expedient &carets* of the foregoing
powers.
ALUL" ASSESSWNTS.
The Advisory Board shall prepare to the Governing Body a proposed
budget for the Duck Kay Security District within ninety days of
the date of the passage of this Ordinance. The Govesu Body
can accept, reject or mod fy the proposed budget. upon the
acceptance of the initial proposed budget, the Governing Body
&bail authorize it referendum in the District to be held at the
next available primary or general election to approve the
collection of non ad valorem aasessmsnts as provided by Sec.
197.3632, Fla. Stat., to support the U*lom@nt&tlon of District
law enforc t services. The initial assessment shall not be
levied unless first approved by a majority of voting residents in
the refer*udm called for that purpose. The initial non ad
valorem 4941e84000t for this budget shall be no our than $200.00
PerLOPTOved lot and $20.00 per unimproved lot. if the
referee is disapproved by the voters, then the Coverning Body
Shall take no further action pursuant to this ordinance and shall
2
COUNTY ATTORNEY TEL:305-292-3516 Nov 17.94 10:32 Nn 007 P 03
act with dispatch to sal the same, If approvede and for the
years folloriag the Initial year. the Advisory y shall
annually prepare a budget'and submit it for acceptance. rejection
o: modification by the Govening Body and the Imposition of such
son ad valorem assessments as way be needed. Except as provided
in paragraph S. there Aall be no used for refarandm in
aub•e ent years Unless an assessment Increases =We than too
Percent (10%) war the Previous year or increases to more then
the Bus of $300,00 per improved lot or =we than the Dun of
$30.00 per unimpmwed lot in any given., year.
Assessments •hall be assessed on the basis of one. residential
flfssfsmfkt for each improved lot And am unimpirwed lot
6880890140t per unimproved lot, regardless of ownership unless
axempt by state law.
Lots with houses undsr construction j&nuary lot of each year
shall pay the UnImprovod lot assessment =1@06 the construction
thereon has been substantially completed by January lot of each
year after which the lots will be assessed as residencos.
In &dd:Lticn to the proceeding, the District budget shall also be
approved pursuant to all general law relating to the 4doption and
preparation of County budgets.
IS `.
All District funds shall be received, bold, secured, in the same
manner as other cowty funds by the Clerk of the Circuit Court,
The funds shall be maintained under a separate account and aball
only be used for purposes Authorized by thin Ordinance and shall
be disbursed only upon the direction of the C4me=ing Body
3
COUNTY ATTORNEY TEL:305-292-3516
Nov 17.94 10:39 Nn nn2 p,04
I
pursuant to the TG%U4 sitione $ed by the Mayor and
couAtessigned by the Ciax of the Court.
The Vdck Eay Security District shall cease to exist at the end of
the fourth year after odoPtIoll unless continued for a subsequent
four years by referendum approvixg the continuation of the
District by a majority vote of the voters in the District.
Saetioa J. If any section. enbsection, sentence, clause
or provision of this Ordinance is held Invalido the remainder of
this Ordinance shall not be affected'by such invalidity.
section 10. All ordinances or parts of ordinances in
conflict with this Ordinance use hereby repealed to the extent of°
said conflict.
Sect o I The provisions of thin Ordinance shall be
16cludad and incorporated in the Code of Ordinancas of the County
of Monroe, Florida. as an addition or amendment thereta, and
shall be appropriately renimbered. to conform to the uniform
numbering system of the Code.
Rection 12. This Ordinance shall be filed in the Office
of the Secretary of State. State of Florida, but shall not take
affect until a referendum approving the ordinance has been passed
by the electors of the District.
PASSED AND ADOPTED by the Board of County Commissionors of
Monroe County. Florida, at a special meeting of said Board held
on the JA day of MINIZZ . A.D., 1992. '
mayor Rarvey
Cay�ssi Ten Coner lon
11
COUNTY ATTORNEY TEL:305-292-3516 Nov 17.94 10:33 No.002 P.05
EFFECTIVE DATE i
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BOARD OF COUNTY COMISSIOVIRS
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CoWnissioner Cheal
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BE XT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OV
Section�1. Section 8 of Ordinance No. 005-1992 Le hereby
amended to read as follows:
SeCtiM 8. SMET CLAMP.
The Duck Key Kecurity District nhe#;k-ees�e-to- �fifi-at
the- -enui--d�- a#tr�--ads#es--xn�ess
e®a!#sued'® •s-- -f -,Teen**--refrerea
AppreviRg-ehe-eeetfauat9•s-mafe*f-
ty-Vote-e:[-the- Main be abolished
by referendum iA anv nrimm" m1no-f- nn. ..spa. .. r ..
0
Section 2. If any section, subsection, sentience, clause -
or provision of this ordinance is held invalid. the remainder of
this ordinance shall not be affected by such invalidity.
Section3 All ordinances or parts of ordinances in
conflipt with this ordinance are hereby repealed to the extent of
said conflict.
Section The provisions of this ordinance shall be
included and incorporated in Vile Code of Ordinances of the County
of Monroe, Florida. as an addition or amendment thereto. and
shall be appropriately renumbered to conform to the siniform
numbering system of the Code.
Section
5.
TKis ordinance shall
take effect immediately
upon-receipt.of
official notice from than
Office of the Secretary
of State Of
the
State of Florida that
this ordinance has been
filed with said Office.
PASSED AMD ADOPTED by the Board of County Commissioners of
HOnXOe County, Florida, at a regular mestiag of said Board held
on the 16thday of base . A.D., 1994.
Mayor London
Mayor Pro Ten Cheat .�
Commissioner Harvey noSv nt
Commitasionet Firemman .L_..
Commissioner Reich yes
(SEAL)
Attest: DANNY L.KOLLWE, Cleric
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BOARD OF COWY CMeaSSI0NERS
OF MO COUNTY. FIARIDA
Rv `
EFFECTIVE DATE
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