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An Information Guide to Duck Key in the Florida Keys


 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

Security District Ordinance No. 005-1992

adopted February 6, 1992

 

Duck key Security District ordinance

 

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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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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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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

 

Monroe County ordinance

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