Sec. 122-1291. - Establishment.

The Port of the Islands Community Improvement District is hereby established within the boundaries of the real property described as follows:

The east half of Section 4 and the east half of Section 9 in Township 52 South, Range 28 East, in Collier County, Florida, less and except that portion thereof constituting the right-of-way of U.S. Highway 41 (Tamiami Trail) and less and except that certain canal right-of-way for the Fahka Union Outfall Canal which traverses the property in north and south direction.

(Ord. No. 86-64, § 2; Ord. No. 2010-15, § 1)

Sec. 122-1292. - Authority.

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

(Ord. No. 86-64, § 1; Ord. No. 2010-15, § 1)

Sec. 122-1293. - District name.

The community development district herein established shall henceforth be known as Port of the Islands Community Improvement District.

(Ord. No. 86-64, § 4; Ord. No. 2010-15, § 1)

Sec. 122-1294. - Statutory provisions governing district.

Port of the Islands Community Improvement District shall be governed by the provisions of F.S. ch. 190; and the County shall not adopt any ordinance which will expand, modify or delete any provisions of F.S. ch. 190.

(Ord. No. 86-64, § 5; Ord. No. 2010-15, § 1)

Sec. 122-1295. - Special district powers.

Pursuant to F.S. § 190.012(2), the Port of the Islands Community Improvement District shall have the special powers 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.

(2)

Fire prevention and control, including fire stations, water mains and plugs, fire trucks, and other vehicles and equipment.

(3)

School buildings and related structures, which may be leased, sold or donated to the school district, for use in the educational system when authorized by the district school board.

(4)

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.

(5)

Control and elimination of mosquitoes and other arthropods of public health importance.

(Ord. No. 86-64, § 6; Ord. No. 2010-15, § 1)

Sec. 122-1296. - Clarification of regulatory jurisdiction of the Ochopee Fire Control District.

It is recognized that the Port of the Islands Community Improvement District is located within the boundary of the Ochopee Fire Control District and, further, that the Ochopee Fire Control District has regulatory jurisdiction for fire control related matters within the boundary of the fire control district. Therefore, it is declared to be the intent of the board of county commissioners and of this article that the Port of the Islands Community Improvement District shall exercise its special powers relating to fire prevention and control, including fire stations, water mains and plugs, fire trucks and other vehicles and equipment, subject to the regulatory jurisdiction and applicable permitting authority of the Ochopee Fire Control District. Nothing herein shall be construed to exempt the Port of the Islands Community Improvement District from the regulatory jurisdiction or permitting authority of any other applicable governmental bodies, agencies or special districts having authority with respect to any area included therein.

(Ord. No. 86-64, § 7; Ord. No. 2010-15, § 1)

Secs. 122-1297—122-1320. - Reserved.