§ 2-8-28. Heritage Harbour South Community Development District.

(a)

Establishment. There is hereby established the Heritage Harbour South Community Development District which shall be governed by the uniform community development district charter as set forth in Sections 190.006—190.041, Florida Statutes, to perform the functions contained in the petition attached to Ord. No. 01-45 as Exhibit "A".

(b)

Boundaries. The boundaries of the Heritage Harbour South Community Development District are those described in the metes and bounds description attached to Ord. No. 01-45 as Exhibit "B".

(c)

Initial board of supervisors. The following five (5) persons are designated as the initial members of the board of supervisors for the Heritage Harbour South Community Development District: Charles A. Danna, Jr., Constantine Benetis, Anthony J. Squitieri, W. David Key, and Carolyn F. Jeffries.

(d)

Charter. The Heritage Harbour South Community Development District shall be governed by the provisions of Chapter 190, Florida Statutes, specifically Sections 190.006—190.041, Florida Statutes (2000), as amended. The district shall have, and the district board may exercise, subject to the regulatory jurisdiction and permitting authority of all applicable governmental bodies, agencies, and special districts having authority with respect to any area included in the petition and Chapter 190, Florida Statutes, any or all of the special powers set forth in Section 190.012(1), Florida Statutes.

(e)

County comprehensive plan and county land development code compliance. The Heritage Harbour South Community Development District shall be governed by the development standards of the Manatee County Comprehensive Plan and the Manatee County Land Development Code on its construction projects in the same manner as a private developer.

(f)

County rights of termination, contraction, expansion, and limitation. All rights of Manatee County to terminate, contract, expand, or otherwise limit or affect the district as set forth in Section 190.046, Florida Statutes, are hereby specifically preserved.

(g)

Special powers. Pursuant to Section 190.012(2), Florida Statutes, as amended, the board of county commissioners hereby consents to the exercise by the district board of supervisors of the additional special powers listed in Sections 190.012(2)(a) and 190.012(2)(d), Florida Statutes. Specifically, the district shall have the power to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for:

(1)

Parks and facilities for indoor and outdoor recreational, cultural, and educational uses; and

(2)

Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars, when authorized by the Manatee County Sheriff's Department or other proper governmental agencies; except that the district may not exercise any police power, but may contract with appropriate local general-purpose government agencies for an increased level of such services within the district boundaries.

(Ord. No. 01-45, §§ 3—8, 8-28-01; Ord. No. 10-48, § 4, 10-12-10)