§ 14-249. Special conditions.

The following special conditions shall apply to the creation, operation, and existence of Portofino Shores Community Development District:

(1)

The powers and responsibilities of the Portofino Shores Community Development District 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; and

j.

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.

(2)

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

(3)

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 described above.

(4)

The district shall take affirmative steps to provide for the full disclosure of information relating to the public financing and maintenance of improvements to real property undertaken by the district. Such information shall be made available to all existing residents, and to all prospective residents, of the district. The district shall furnish each developer of a residential development within the district with sufficient copies of that information to provide each prospective initial purchaser of property in that development with a copy, and any developer of a residential development within the district, when required by law to provide a public offering statement, shall include a copy of such information relating to the public financing and maintenance of improvements in the public offering statement.

(5)

Following the establishment of the Portofino Shores Community Development District, as provided for in sections 14-227 and 14-228, each contract for the initial sale of a parcel of real property and each contract for the initial sale of a residential unit within the district shall include, immediately prior to the space reserved in the contract for the signature of the purchaser, the following disclosure statement in boldfaced and conspicuous type which is larger than the type in the remaining text of the contract: "THE (Name of District) COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW."

(Code 1982, § 1-6.5-143; Ord. No. 02-030, pt. C, 12-17-2002)