Ordinance 005-1992
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Commissioner Cheal
ORDINANCE NO. 005 -1992
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AN ORDINANCE OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, ESTABLISH-
ING A SECURITY DISTRICT FOR THE RESIDENTIAL
ISLANDS OF DUCK KEY, MONROE COUNTY, FLORIDA,
AS AUTHORIZED BY SECTION 125.01(q)(I),
FLORIDA STATUTES; PROVIDING FOR THE
ESTABLISHMENT OF A BOARD OF DIRECTORS OF THE
DISTRICT; PROVIDING FOR AN ADVISORY BOARD FOR
THE DISTRICT; PROVIDING FOR DISTRICT PO~"ERS
I~CLUDING THE RESTRICTED POWER TO ASSESS REAL
PROPERTY WITHIN THE DISTRICT FOR DISTRICT
PllRPOSES; PROVIDING FOR FISCAL MANAGEMENT;
~ROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT
-HEREWITH; PROVIDING FOR INCORPORATION INTO
' '-~ MONROE COUNTY CODE; AND PROVIDING AN
E ECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners is
authorized to establish a Special Security District in Monroe
County, Florida, pursuant to Section 125.01(q)(I) of the Florida
Statutes; and
WHEREAS, the residents of Duck Key Subdivision in Monroe
County, Florida, desire to create a Security District for certain
areas of Duck Key to be known as the Duck Key Security District;
NOW, THEREFORE, BE IT ORDA INED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that:
Section 1.
DISTRICT CREATED.
A Security District is hereby created pursuant to Florida
Statutes 125.01(q)(I) 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.
Section 2.
M M-*1!l.A
NAME OF DISTRICT.
The name of the District shall be known as DUCK KEY SECURITY
DISTRICT, 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 5.
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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 I s obj ectives. In
formulating a plan for law enforcement services, the Advisory
2
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 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 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 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 this
Ordinance or by any agreement validly entered into by
it;
3
3) Cooperate and contract with other governmental
agencies or other public bodies;
4) Contract with the county or private agencies for
increased leve Is of law enforcement protection,
including additional personnel;
5) Make and collect non ad valorem assessments to
finance the law enforcement services authorized in this
section;
6) Exercise
effective and
all lawful
expedient
powers
exercise
incidental to the
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 valorem 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 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
4
act 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 the 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 (10%) 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 preceed1ng, the District budget shall also be
approved pursuant to all general law relating to the adoption and
preparation of County budgets.
Section 7.
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FISCAL MANAGEMENT.
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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 upon the direction of the Governing Body
5
pursuant to the requisitions
signed by the Mayor and
countersigned 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, clause
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 10.
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All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 11.
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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.
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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 Februar~, A.D., 1992.
Mayor Harvey
Mayor Pro Tem London
Commissioner Cheal
Yes
Yes
- ~es -
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Commissioner Jones
Commissioner Stormont
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BY:
EFFECTIVE DATE:
11
viduckkeyi
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Yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
/BY: ~"~t\".'''''''''~~~~'~_~~
MAVb~/CHAlm~ '
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By
APfl!: a's T;, FOR.\,,!,
ANGA SUF: IENey.
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llann!, I. Itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 83050
TEL. (305) 743-9086
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
February 20, 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
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Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance
No. 005-1992 establishing a Security District for the resi-
dential islands of Duck Key, Monroe County, Florida, as
authorized by Section 125.01(q)(1), Florida Statutes; etc.
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a Special Meeting in formal
session on February 6, 1992. Please file for record.
Very truly yours,
\
By:
Rosalie L. C
Deputy Clerk
Board
cc: Municipal Code Corporation P 1)17 -'JO '1,;( / c..f
Mayor W. Harvey
Mayor Pro Tern J. London
Commissioner E. Cheal
Commissioner D. Jones
Commissioner J. Stormont
Sheriff R. Roth
County Attorney R. Ludacer
County Administrator T. Brown
Finance Director T. Medina
File
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to end the dete of delivery. '
3'f. rti;" te"..!:ddre. ..~~:
s rLiz Cl@d, Chief
re.u 01 Admin. Code & Laws
DepaTtment of State
The "eapitol
TalJlhassee, FL 32301
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I also wish to receive the
following services (for an extra
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6. Signature (Jllddre88ee)
'8. Addre..ee'8 JIIddre.. (Only if reque8ted
and fee i~1l2 51992
DOMESTIC RETURN RECEIPT
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3."iArticle A88ed to: 48. Article Number
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Tallahassee, FL 32304;e(
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FLORIDA DEPARTMENT OF ST ATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
Room 2002, The Capitol, Tallahassee, Florida 32399-0250
(904) 488-8427
February 25, 1992
Honorable Danny L. Kolhage
Ex-Officio Clerk to the Board
of County Commissioners
Monroe County Courthouse
500 Whitehead street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letter of February 20, 1992 and
certified copy of Monroe County Ordinance No. 92-05, which was
filed in this office on February 25, 1992.
Sincerely,
L9ir ~
Bureau of Admini~trative Code
LC/mb
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MUNICIPAL COilE CQRPORATION
Supplement Departlent
PO Box 2235
iallahissee, Fl 32316-2235
Supplelent No.44
We have received the following laterial, Thank you
for your assistance and cooperation,
Ordinance Nu.ber 005-1992,
I-S00-262-CODE (National) AKl
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TO:
lis. Rosalie l, Connolly
Deputy Clerk
"onroe County
P,Q. Bo~ 1980
Key West, H