§ 2-8-154. Authority and powers.

The UPRD shall have all the authority and powers set forth in Section 418.22, Florida Statutes, and such further powers, as set forth below:

(a)

To sue and be sued; and

(b)

To have a corporate seal and authorize the use of a facsimile thereof; and

(c)

To contract and be contracted with and execute other instruments necessary or convenient to the exercise of its powers; and

(d)

To acquire, by purchase, gift, devise, or otherwise, and to dispose of, real and personal property, or any estate therein; and

(e)

To hold, control, and acquire by donation, purchase, or condemnation, or dispose of, any public easements, dedications to public use, platted reservations for public purposes, or any reservations for those purposes authorized by the Act and to make use of such easements, dedications, or reservations for any of the purposes authorized by the Act; and

(f)

To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems, facilities, and basic infrastructure for recreational facilities of all kinds, including, but not limited to, real property, personal property, roads, parking lots, sidewalks, trails, paths, parks, ponds, lakes, preserves, lighting, landscaping, drainage, irrigation, signage, water, sewer and parking within the UPRD (hereinafter, collectively the "recreational facilities"). Any acquisition may be by purchase, lease, gift, easement, license, assignment, other conveyance or exercise of the power of eminent domain; and

(g)

To lease as lessor or lessee to or from any person, firm, corporation, association, or body, public or private, any projects of the type that the UPRD is authorized to undertake and facilities or property of any nature for the use of the UPRD to carry out any of the purposes authorized by this article or the Act, including but not limited to the purpose of providing revenue to offset the expenses of the UPRD; and

(h)

To construct and maintain security buildings and other structures needed to regulate access to, and to provide security for, the recreation facilities; and

(i)

To assess and impose upon lands in the UPRD ad valorem taxes as provided by the Act; and

(j)

To issue bonds for public or private purchase, secured by ad valorem taxes or by pledge of both such taxes and other revenues of the UPRD, or by non-ad valorem assessment and to levy and collect such taxes and/or non-ad valorem assessments without limitation on all real properties subject to Manatee County taxation within the UPRD in order to pay the principal of and interest on such bonds as they shall come due or to accumulate a sinking fund for the payment of principal and interest, in accordance with section 2-8-157; and

(k)

To borrow money and accept gifts; to apply for and use grants or loans of money or other property from the United States, the state, a unit of local government, or any person for any legal purposes and enter into agreements required in connection therewith; and to hold, use, and dispose of such moneys or property for any legal public purposes in accordance with the terms of such gift, grant, loan, or agreement; and

(l)

To procure insurance and bonds for the board, the UPRD, and its staff, contractors, facilities and property; and

(m)

To operate and maintain recreational facilities or to enter into arrangements with others for such operation and maintenance pursuant to contract, lease or otherwise; and

(n)

To employ all personnel deemed necessary for the operation and maintenance of the recreational facilities of the UPRD; and

(o)

To determine, order, levy, impose, collect, and enforce non-ad valorem assessments or other revenues for the purchase, acquisition, repair, improvement, and construction of recreational facilities within the UPRD and for the operation and maintenance of the UPRD pursuant to the Act and Chapter 170, Florida Statutes. Such non-ad valorem assessments may, in the discretion of the UPRD, be collected and enforced pursuant to the provisions of Sections 197.3631, 197.3632, and 197.3635, Chapter 170, or Chapter 173, Florida Statutes; and

(p)

To pay any delinquent state, county, district, municipal, or other tax or assessment upon lands located wholly or partially within the boundaries of the UPRD; to redeem or purchase any tax sales certificates issued or sold on account of any state, county, district, municipal, or other taxes or assessments upon lands located wholly or partially within the boundaries of the UPRD; and in any sale of land pursuant to Section 197.542, Florida Statutes, and amendments thereto, to certify to the clerk of the circuit court of Manatee County the amount of taxes due to the UPRD upon the lands sought to be sold; in which case the UPRD shall share in the disbursement of the sales proceeds in accordance with the provisions of the Act and applicable state laws.

(q)

To establish, charge and collect fees for admission to or use of recreational facilities and to apply such fees to offset the expenses for the operation of the UPRD and/or the operation, maintenance, improvement, enlargement or acquisition of recreational facilities and/or to the payment of bonds; and

(r)

To adopt and enforce reasonable rules and policies for the use of the recreational facilities owned and operated by the UPRD; and

(s)

To adopt, amend and rescind rules of procedure for the orderly conduct of the business of the UPRD; and

(t)

To exercise all of the powers necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this article or the Act.

(Ord. No. 18-29 , § 2(a), 8-2-18)