§ 23-332. General special powers.

Spring Ridge shall have all general special powers as set forth in chapter 190, Florida Statutes, and as provided in this division.

(a)

General powers. Spring Ridge shall have and Spring Ridge's board of supervisors (hereinafter "board") may exercise all powers which can be granted to a community development district, pursuant to chapter 190, Florida Statutes, or any other applicable law, except as may be limited herein. Such power shall include, but shall not be limited to, the following powers:

(1)

To sue and be sued in the name of Spring Ridge; to adopt and use a seal and authorize the use of a facsimile thereof; to acquire by purchase, gift, devise, or otherwise, and to dispose of real and personal property, or any estate therein; and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers.

(2)

To apply for coverage of its employees under the state retirement system in the same manner as if such employees were state employees, subject to necessary action by Spring Ridge to pay employer contributions into the state retirement fund.

(3)

To contract for the services of consultants to perform planning, engineering, legal, or other appropriate services of a professional nature. Such contract shall be subject to public bidding, competitive negotiation requirements as set forth in section 190.033, Florida Statutes, as it may be amended from time to time.

(4)

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 Spring Ridge purposes allowed by law, and enter into arrangements required in connection therewith; and to hold, use, and dispose of such monies or property for any Spring Ridge purpose allowed by law in accordance with the terms of the gift, grant, loan, or agreement relating thereto.

(5)

To adopt rules and orders including bylaws and resolutions pursuant to the provisions of chapter 120, Florida Statutes, prescribing the powers, duties, and functions of Spring Ridge; the conduct of the business of Spring Ridge; the maintenance of records; and the form of certificate evidencing tax liens and all other documents and records of Spring Ridge. Spring Ridge may also adopt administrative rules with respect to any of the projects of Spring Ridge and define the area to be included therein.

(6)

To maintain an office at such place or places as it may designate within Hernando County which office must be reasonably accessible to the landowners.

(7)

To hold, control, and acquire by donation, purchase, or condemnation any public easements, dedications to public use, platted reservations for public purposes, or any reservations for those purposes authorized by this division or applicable law and to make use of such easements, dedications, or reservations for any of the purposes authorized by this division.

(8)

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 Spring Ridge is authorized to undertake and facilities or property of any nature for the use of Spring Ridge to carry out any of the purposes authorized by this division.

(9)

To borrow money and issue bonds, certificates, warrants, notes, or other evidence of indebtedness as is hereinafter provided; to levy such taxes and special assessments as may be authorized; to charge, collect, and enforce fees and other user charges.

(10)

To raise, by user charges or fees authorized by resolution of the board, amounts of money which are necessary for the conduct of Spring Ridge's activities and services and to enforce their receipt and collection in the manner prescribed by resolution not inconsistent with law.

(11)

To exercise within Spring Ridge, or beyond Spring Ridge boundaries with prior approval by resolution of the county if the taking will occur in an unincorporated area or with prior approval by resolution of the governing body of the municipality if the taking will occur within a municipality, the right and power of eminent domain, pursuant to the provisions of chapters 73 and 74, Florida Statutes, over any property within the state, except municipal county, state, and federal property, for the uses and purpose permitted by law Spring Ridge relating solely to water, sewer, roads, and water management, specifically including, without limitation, the power for the taking of easements for the drainage of the land of one person over and through the land of another.

(12)

To cooperate with, or contract with, other governmental agencies as may be necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this act.

(13)

To assess and impose upon lands in Spring Ridge ad valorem taxes as provided by this act.

(14)

To determine, order, levy, impose, collect, and enforce special assessments pursuant to this act and chapter 170, Florida Statutes. Such special assessments may, in the discretion of Spring Ridge, be collected and enforced pursuant to the provisions of sections 197.3631, 197.3633, and 197.3635, or chapter 170, Florida Statutes.

(15)

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

(16)

To exercise all special powers as may be authorized by this division.

(b)

Special powers. Spring Ridge shall have, and the board may exercise, subject to the regulatory jurisdiction and permitting authority of all applicable governmental bodies, agencies, and special districts having authority with respect to any area included therein, any or all of the following special powers relating to public improvements and community facilities authorized by this division.

(1)

To finance, plan, fund, 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 Spring Ridge and to connect some or any of such facilities with roads and bridges.

b.

Water supply, sewer, and wastewater management, or any combination thereof, and to construct and operate connecting, intercepting, or outlet sewers and sewer mains, 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.

Notwithstanding anything to the contrary herein, Spring Ridge shall have no authority to operate any water supply sewer or wastewater system. Spring Ridge will be required to connect and pay the appropriate fees and costs thereof to the Hernando County Utilities System for potable water and wastewater services. In the event that Hernando County is unable or unwilling to supply Spring Ridge with potable water and wastewater services, if available, then Spring Ridge may exercise the powers specified in this paragraph (b).

d.

Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut in 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.

e.

All roads, streets, or street lights in Spring Ridge shall meet or exceed the specifications of Hernando County.

f.

Notwithstanding anything to the contrary above, Spring Ridge shall be required to construct roadways in Spring Ridge and install street lights that meet or exceed the specifications of Hernando County. Such construction shall be at the sole cost of Spring Ridge. Further, after construction Spring Ridge shall be responsible for maintaining said roads solely at its own cost and expense, unless Hernando County agrees to maintain the roadways within Spring Ridge.

(2)

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

a.

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

(3)

Any other project within or without the boundaries of Spring Ridge when a local government has issued a development order pursuant to section 380.06 and section 380.061, Florida Statutes, approving or expressly requiring the construction or funding of a project by Spring Ridge, or when the project is the subject of an agreement between Spring Ridge and a governmental entity as consistent with the Comprehensive Plan or the local government within which the project is to be located. After the board has obtained the consent of the local general purpose government within the jurisdiction of which the power specified in this subsection is to be exercised to plan, acquire, construct, or reconstruct, enlarge or extend, equip, operate, maintain additional systems and facilities for.

a.

Parks and facilities for indoor and outdoor recreation, cultural, and educational uses.

b.

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

c.

Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion, detection systems and patrol cars, when authorized by proper government agencies; except that Spring Ridge 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 Spring Ridge.

d.

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

e.

Spring Ridge shall not engage in any waste collection or disposal.

4.

To adopt and enforce appropriate rules following the procedures of chapter 120, Florida Statutes, in connection with the provision of one or more services through its systems and facilities.

(c)

Spring Ridge possesses no zoning or development permitting power. All Hernando County planning, building, environmental, and land development laws, regulations, and Ordinances apply to all development of land within Spring Ridge. Spring Ridge shall take no action which is inconsistent with the applicable Comprehensive Plan, Ordinances, or regulations of Hernando County.

(Ord. No. 2000-14, § 2, 11-1-00; Ord. No. 2007-04, § 2, 3-20-07)