Sec. 122-2161. - Authority for article.

This article is adopted pursuant to F.S. § 190.005(2), and other applicable provisions of law governing County ordinances.

(Ord. No. 2005-24, § 1)

Sec. 122-2162. - Establishment of the Heritage Bay Community Development District.

The Heritage Bay Community Development District is hereby established within the boundaries of the real property described in Exhibit "A"* attached hereto and incorporated by reference herein.

(Ord. No. 2005-24, § 2)

*Note— Exhibit A is not set out herein, but available as an attachment to Ord. No. 2005-24.

Sec. 122-2163. - Designation of initial board members.

The following five persons are herewith designated to be the initial members of the board of supervisors:

(1)

Jeffry Marculaitis
541 SE 1st Terrace
Cape Coral, FL 33990

(2)

Frank L. Reynolds
611 SW 52nd Street
Cape Coral, FL 33914

(3)

Samuel W. Marshall, P.E.
4413 E. Riverside Drive
Fort Myers, FL 33905

(4)

Ronnie S. Searcy
P.O. Box 354
Labelle, FL 33935

(5)

Russell R. Smith
5327 Summerlin Road #12
Fort Myers, FL 33919

(Ord. No. 2005-24, § 3)

Sec. 122-2164. - District name.

The community development district herein established shall henceforth be known as the "Heritage Bay Community Development District".

(Ord. No. 2005-24, § 4)

Sec. 122-2165. - Statutory provisions governing the district.

The Heritage Bay Community Development District shall be governed by the provisions of F.S. ch. 190, and all other applicable general and local law.

(Ord. No. 2005-24, § 5)

Sec. 122-2166. - Consent to special powers.

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)

Secs. 122-2167—122-2170. - Reserved.