§ 14-159. Special conditions.

The following special conditions shall apply to the creation, operation, and existence of Tradition Community Development District No. 3:

(1)

The powers and responsibilities of the Tradition Community Development District No. 3 shall be limited to the following: to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems, facilities, and basic infrastructures for the following:

a.

Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges;

b.

Water supply, sewer, and wastewater management, reclamation, and reuse or any combination thereof, and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system;

c.

Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right-of-way, highway, grade, fill, or cut;

d.

District roads equal to or exceeding the specifications of the county in which such district roads are located, and street lights;

e.

Buses, trolleys, transit shelters, ridesharing facilities and services, parking improvements, and related signage;

f.

Investigation and remediation costs associated with the cleanup of actual or perceived environmental contamination within the district under the supervision or direction of a competent governmental authority unless the covered costs benefit any person who is a landowner within the district and who caused or contributed to the contamination;

g.

Conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property;

h.

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

i.

Fire prevention and control, including water mains and plugs, but excluding fire stations, fire trucks and other vehicles and equipment;

j.

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; and

k.

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.

The commission further consents to provide the district of the right and power of eminent domain, pursuant to F.S. chs. 73 and 74, over any property outside the boundaries of the district and within the unincorporated areas of the county (except municipal, county, state and federal property) for the uses and purposes of the district relating solely to water, sewer, district roads, and water management, specifically including, without limitation, the power of eminent domain for the taking of easements for the drainage of the land of one person over and through the land of another; provided, however, that the district shall exercise the eminent domain power only if for uses and purposes contemplated by, consistent with or in furtherance of the requirements of approved development permits or development orders relating to the real property within the district. The foregoing powers shall be in addition, and supplemental, to the powers which the district is entitled to exercise pursuant to F.S. ch. 190.

(2)

The district will use its best efforts to develop in an integrated fashion the traffic circulation, water, and sewer facilities on the district property as one functional interrelated community.

(3)

The district shall take no action which is inconsistent with the comprehensive plan, ordinances or regulations of the county.

(4)

No publicly owned property that may be located or acquired within the legal description of this community development district shall be assessed for, or obligated in any way to pay for the infrastructure constructed, maintained, or operated by the community development district described in section 14-138.

(Code 1982, § 1-6.5-103; Ord. No. 01-012, pt. A, 8-21-2001; Ord. No. 06-035, pt. A, 8-15-2006)