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Ordinance 016-2014Commissioner Rice ORDINANCE 016 - 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 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. 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)(q) 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 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 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 chairman, vice - chairman and a secretary. The Advisory Board shall recommend, with the approval of a majority of a quorum of the board members, 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: 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 forgoing powers. Term of office and term limits: The term of Advisory Board members shall be for 3 years. Members shall be limited to serve three (3) consecutive terms. The three (3) year term limit shall be prospectively applied from the effective date of this Ordinance. The term of the Chairman, Vice - Chairman, and Secretary shall be for two (2) years and shall be limited to serve two (2) consecutive terms for a total of four (4) consecutive years. Advisory Board Meetings: Meetings shall be held every other month on the first Tuesday of that month at 8:00 a.m. Attendance: All members of the Duck Key Security Advisory Board shall attend two- thirds (2/3) of all meetings of the Board. If a Board member is unable to be present for at least two- thirds (2/3) of the Board meetings in any given year, they will be asked to submit their resignation to the Board for consideration to accept or not accept their resignation. (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 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 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 Governing 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 I" of each year shall pay the unimproved lot assessment unless the construction thereon has been substantially completed by January 1 S ` of each year 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 upon the direction of the Governing Body pursuant to the requisitions signed by the Mayor and countersigned 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 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. Page 4of5 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 17th day of September , 2014. Mayor Sylvia Murphy Mayor Pro Tem Danny Kolhage Commissioner Heather Carruthers Commissioner George Neugent Commissioner David Rice VILIN, Clerk Deputy Clerk Yes Yes Yes Absent Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor /Chairperson Page 5of5 MONROE COUNTY ATTORNEY APPROVa[) 4\S TO FORM: - �i 91 �lifli CHRISTINE R' ?BERT- BARROWS ASSISTAj�T �+ ATTORNEY Date (� 'roD WE t�a' J FLORIDA DEPARTMENT Of STATE RICK SCOTT Governor December 29, 2014 Honorable Amy Heavilin Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Lindsey Ballard Dear Ms. Heavilin: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 016 -2014, which was filed in this office on December 29, 2014. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879 www.dos.state.tl.us