Upon the effective date of this article, the Heritage Bay Community Development District
will be duly and legally authorized to exist and exercise all of its general powers
as limited by law; and has the right to seek consent from the Collier County Board
of County Commissioners for the grant of authority to exercise special powers in accordance
with F.S. § 190.012(2), without question as to the district's continued right, authority
and power to exercise its general powers as established by this article. The district
board's authority to exercise special powers may include the power to plan, establish,
acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain
additional systems and facilities for: (i) parks and facilities for indoor and outdoor
recreational, cultural and educational uses; and (ii) security, including, but not
limited to, guardhouses, fences and gates, electronic intrusion-detection systems,
and patrol cars, when authorized by proper governmental agencies; except that the
district may not exercise any police power, but may contract with the appropriate
local general-purpose government agencies for an increased level of such services
within the district boundaries; all as authorized and described by F.S. § 190.012(2).
(Ord. No. 2005-24, § 6)
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