House Bill 3959e1

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                                      HB 3959, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to the Greater Orlando Aviation

  3         Authority; consolidating the provisions of

  4         chapters 57-1658, 61-2599, 67-1834, 69-1389,

  5         75-464, 77-612, 78-578, 80-553, 80-554, 82-347,

  6         87-555, 88-474, 91-369, and 91-391, Laws of

  7         Florida, s. 14 of chapter 71-133, Laws of

  8         Florida, and s. 9 of chapter 92-152, Laws of

  9         Florida, into a codified charter, such charter

10         consisting of all special acts of the

11         Legislature relating to the Greater Orlando

12         Aviation Authority, and those specified

13         sections of general law having local

14         application to the Greater Orlando Aviation

15         Authority; renumbering the provisions of such

16         special acts; conforming references; repealing

17         chapters 57-1658, 61-2599, 67-1834, 69-1389,

18         75-464, 77-612, 78-578, 80-553, 80-554, 82-347,

19         87-555, 88-474, 91-369, and 91-391, Laws of

20         Florida; providing an effective date.

21

22  Be It Enacted by the Legislature of the State of Florida:

23

24         Section 1.  Chapters 57-1658, 61-2599, 67-1834,

25  69-1389, 75-464, 77-612, 78-578, 80-553, 80-554, 82-347,

26  87-555, 88-474, 91-369, 91-391, s. 14 of chapter 71-133, and

27  s. 9 of chapter 92-152, Laws of Florida, are codified,

28  reenacted, amended, and repealed as herein provided.

29         Section 2.  The Greater Orlando Aviation Authority Act

30  is recreated and reenacted to read:

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                                      HB 3959, First Engrossed/ntc



  1         Section 1.  SHORT TITLE.--This act shall be known and

  2  may be cited as the "Greater Orlando Aviation Authority Act"

  3  and shall hereinafter be referred to as the "act."

  4         Section 2.  DEFINITIONS.--As used in this act, the

  5  following words and terms shall have the following meanings:

  6         (1)  "City" shall mean the City of Orlando, a municipal

  7  corporation in Orange County, State of Florida.

  8         (2)  "City council" or "council" shall mean the City

  9  Council of the City of Orlando or the board or body in which

10  the general legislative powers of the city shall be vested.

11         (3)  "Aviation authority" or "authority" shall mean the

12  Greater Orlando Aviation Authority, hereinafter created, or if

13  said authority shall be abolished, the board of commission

14  succeeding to the principal functions thereof or upon whom the

15  powers given by this act to said authority shall be given by

16  law.

17         (4)  "Project" shall mean any one or more, or any

18  combination of two or more, of the following, or planning for

19  the same:

20         (a)  Any area of land or water, or easement or other

21  interest therein, which is used or intended for use for the

22  take-off, landing, taxiing, parking or storing of aircraft, or

23  for the transportation by air of persons and things, or for

24  the location of any and all buildings, structures,

25  appurtenances, machinery, equipment, and all other types of

26  property and facilities related thereto, such as, but not

27  limited to, landing fields, heliports, runways, taxiways,

28  hangars, aircraft parking aprons, shops, offices, aircraft and

29  air passenger terminal buildings and structures.

30         (b)  Areas of land or water, and easements above, on,

31  or under the surface thereof, used or intended for use for


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                                      HB 3959, First Engrossed/ntc



  1  over-flight, for noise abatement or noise buffers, for clear

  2  zones, or for side transition zones.

  3         (c)  The fee simple interest in any area of land or

  4  water, or any easement or other interest therein, above, on,

  5  or under the surface thereof, used or intended to be used for

  6  the full or partial satisfaction of environmental mitigation

  7  requirements imposed by any federal, state, county, or

  8  municipal government or agency thereof as a condition of

  9  approving the acquisition, construction, expansion or

10  operation of a project, as defined in paragraphs (a), (b),

11  (d), (e), or (f), whether or not such area is located within

12  the boundaries of the city or is on or contiguous to property

13  in which the authority or the city has a preexisting ownership

14  interest.

15         (d)  Other structures, improvements, and buildings of

16  all types used or useful for the convenience of the public or

17  for commercial or general aviation activities, located on the

18  property of the authority, such as, but not limited to,

19  restaurants, hotels, motels, exhibition halls, convention

20  facilities, automotive parking facilities, retail stores,

21  aircraft fueling systems, automotive service centers, cargo

22  buildings, warehouses, industrial developments, kitchen

23  facilities, drainage systems, utilities systems, roadways,

24  automobile and aircraft bridges, and surface transportation

25  terminals and facilities.

26         (e)  Beacons, markers, communications systems, and all

27  navigation facilities for use in aid of air navigation.

28         (f)  Any and all other improvements or facilities

29  which, in the judgment of the authority, are necessary, useful

30  or desirable to serve the occupants, passengers, users,

31  employees, operators, airlines, or lessees of any portion of


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                                      HB 3959, First Engrossed/ntc



  1  the property or facilities of the authority, or which are

  2  otherwise deemed by the authority to be in the public

  3  interest, including, but not limited to, such facilities as

  4  may be necessary, used, useful, or intended for use: for the

  5  handling, parking, storing, display, sale or servicing of

  6  aircraft, either private or commercial; for the accommodation

  7  of persons and the handling of freight, mail, and other items

  8  transported by air; for the furnishing and supplying of goods,

  9  commodities, services, things and facilities that are deemed

10  by the authority to be appropriate for the safety or

11  convenience of the traveling public or of the operators of

12  aircraft, or otherwise in the public interest; and in or for

13  the equipping, operation, and maintenance of any of the

14  projects of the authority.

15         (5)  "Improvements" shall mean any repairs,

16  replacements, additions, extensions, enlargements or

17  betterments of and to a project as the authority deems

18  necessary to place or to maintain such project in proper

19  condition for the safe, efficient and economic operation

20  thereof.

21         (6)  "Cost" as applied to improvements shall mean the

22  cost of constructing or acquiring improvements as hereinabove

23  defined and shall embrace the cost of all labor and materials,

24  the cost of all machinery and equipment, financing charges,

25  cost of engineering and legal expenses, plans, specifications,

26  and such other expenses as may be necessary or incident to

27  such construction or acquisition.

28         (7)  "Cost" as applied to a project acquired,

29  constructed, extended or enlarged shall include the purchase

30  price of any project acquired, the cost of improvements, the

31  cost of such construction, extension or enlargement, the cost


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                                      HB 3959, First Engrossed/ntc



  1  of all lands, properties, rights, easements and franchises

  2  acquired, the cost of all machinery and equipment, financing

  3  charges, cost of investigations and audits and of engineering

  4  and legal services, and all other expenses necessary or

  5  incident to determining the feasibility or practicability of

  6  such acquisition or construction, administrative expense and

  7  such other expenses as may be necessary or incident to the

  8  financing herein authorized and to the acquisition or

  9  construction of a project and the placing of the same in

10  operation. Any obligation or expense incurred by the city or

11  by the authority prior to the conveyance of a project by the

12  city to the authority under this act, or prior to the issuance

13  of revenue bonds under the provisions of this act, for

14  engineering studies and for estimates of cost and of revenues

15  and for other technical, financial or legal services in

16  connection with the acquisition or construction of any

17  project, may be regarded as a part of the cost of such

18  project.

19         Section 3.  GREATER ORLANDO AVIATION AUTHORITY.--

20         (1)  There is hereby created a board or commission to

21  be known as the "Greater Orlando Aviation Authority," and by

22  that name the authority may sue and be sued, plead and be

23  impleaded, contract and be contracted with, and have an

24  official seal. The authority is hereby constituted an agency

25  of the city, and exercise by the authority of the powers

26  conferred by this act shall be deemed and held to be an

27  essential municipal function of the city. For the purposes of

28  the applicable requirements of s. 189.404, Florida Statutes,

29  the authority shall be categorized as an independent special

30  district. The authority shall consist of seven members who

31  shall be elected or appointed as follows: one member shall be


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                                      HB 3959, First Engrossed/ntc



  1  an incumbent member of the City Council, who may be the

  2  mayor-commissioner or any other commissioner elected by a

  3  majority vote of such council; one member shall be an

  4  incumbent member of the Board of County Commissioners of

  5  Orange County, Florida, who may be the chairman or any other

  6  commissioner elected by a majority vote of such commission;

  7  and five members shall be appointed by the Governor, subject

  8  to confirmation by the Senate. Three members appointed by the

  9  Governor shall be residents and electors of Orange County,

10  Florida; one member appointed by the Governor shall be a

11  resident and elector of Osceola County, Florida, effective

12  April, 1992; and, one member appointed by the Governor shall

13  be a resident and elector of Orange County, Florida, or

14  Seminole County, Florida. All seven members shall be entitled

15  to an equal voice and vote on all matters relating to the

16  authority and its business. Two of the five appointed members

17  initially appointed by the Governor shall be appointed for a

18  term of 2 years and three members shall be appointed for a

19  term of 4 years, the term of each member so appointed to be

20  designated by the Governor at the time of the appointment. All

21  subsequent appointments shall be for a term of 4 years. The

22  member of the city council and the member of the county

23  commission shall be elected for terms of 2 years each;

24  provided, however, that any such commissioner's term shall end

25  at such time as he may cease to be a city or county

26  commissioner, at which time a successor or successors shall be

27  elected for any unexpired term. The terms of all members shall

28  end at the expiration of their terms or as otherwise specified

29  herein.

30         (2)  Each appointed member of the authority shall be a

31  person of integrity, responsibility and business ability, who


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                                      HB 3959, First Engrossed/ntc



  1  is competent and knowledgeable in one or more fields which

  2  include, but are not limited to, public affairs, law,

  3  economics, accounting, engineering, finance, natural resource

  4  conservation, energy, or another field substantially related

  5  to the duties and functions of the authority. The authority

  6  shall fairly represent the above stated fields and function on

  7  a nonpartisan basis. It is desirable, but not essential, that

  8  one or more appointed members be experienced in some

  9  aviation-related field. No person then employed by the city or

10  by Orange County shall be appointed as a member of the

11  authority. No person then transacting business with the

12  authority or who can be reasonably expected to transact

13  business with the authority, either for himself or as an

14  employee of, agent for, or consultant to any other person or

15  legal entity, shall be appointed as a member of the authority.

16  The initial appointment and election of members hereunder

17  shall be accomplished by the Governor, the city council and

18  the Orange County Board of County Commissioners within 30 days

19  after the effective date of this act, and the terms of all

20  then present members shall expire, effective the date of said

21  appointments and elections.

22         (3)  At least 30 days prior to the date of expiration

23  of the term of any member of the authority, or within 30 days

24  after the creation of any vacancy in the membership of the

25  authority resulting from the death, resignation, change of

26  residence, or removal of any such member or from any other

27  cause, the successor of such member shall be appointed or

28  elected in the same manner as his predecessor. Any appointed

29  member of the authority shall be eligible for reappointment;

30  provided, that no appointed member shall serve more than two

31  consecutive terms or eight consecutive years, whichever is the


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                                      HB 3959, First Engrossed/ntc



  1  greater. Subject to the foregoing provisions, the successor in

  2  each case, except the representative of the city council and

  3  the representative of the board of county commissioners, shall

  4  be appointed and shall hold office for a term of 4 years from

  5  the date of expiration of the term of this predecessor. Any

  6  person appointed or elected to fill a vacancy shall serve only

  7  for the unexpired portion of the term. Notwithstanding any

  8  other provision of this act, any appointed member of the

  9  authority shall serve until his successor shall have been

10  appointed and shall have taken office, except in the case of

11  any such member who has been suspended or removed during his

12  term.

13         (4)  The authority shall elect one of its members as

14  its chairman. The chairman shall be elected for a term of 2

15  years. If the elected chairman shall cease to be a member of

16  the authority, or shall for any reason not serve as a

17  chairman, a successor shall be elected for the unexpired

18  portion of his term. No person shall serve more than four

19  consecutive terms as chairman or 8 consecutive years,

20  whichever is greater. The authority may also elect a

21  secretary, who may or may not be a member of the authority.

22  The secretary shall hold office at the will of the authority.

23  The Director of Finance of the city, or any other person

24  elected by the authority and approved by the city council,

25  shall be the treasurer of the authority. Four members of the

26  authority shall constitute a quorum and the vote of four

27  members shall be necessary for any action taken by the

28  authority. No vacancy in the authority shall impair the right

29  of a quorum of the authority to exercise all of the rights and

30  perform all of the duties of the authority.

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                                      HB 3959, First Engrossed/ntc



  1         (5)  Upon the effective date of his appointment, or as

  2  soon thereafter as practicable, each appointed member of the

  3  authority shall enter upon his duties, but before doing so, he

  4  shall take an oath to faithfully perform the duties of his

  5  office and file the same with the city clerk, and shall

  6  execute a bond in the penal sum of $10,000 payable to the city

  7  and conditioned upon the faithful performance of the duties of

  8  his office, which bond shall be approved by the city council

  9  and filed with the city clerk, the cost of the premium on any

10  such bonds to be treated as part of the cost of operation.

11         (6)  The members of the authority shall serve without

12  compensation; provided, that they shall be reimbursed by the

13  authority for their reasonable out-of-pocket, travel, and per

14  diem expenses incurred in attending meetings of or on behalf

15  of the authority, or otherwise in engaging in the business of

16  the authority. The secretary shall receive such salary as may

17  be fixed by the authority, or, in case such officer shall be a

18  member of the authority, he shall receive such salary for his

19  services as such officer as may be fixed by the authority with

20  the approval of the city council.

21         (7)  The county commission member and any appointed

22  member may be suspended from office by the Governor, and the

23  city council member may be removed from office by majority

24  vote of the members of the city council, for good cause

25  affecting his ability to perform his duties as a member, for

26  misfeasance, malfeasance or nonfeasance in office, or for

27  violating the conflict of interest provisions of this act. A

28  county commission member, or an appointed member, who is

29  suspended by the Governor may be removed from office by

30  majority vote of the Senate, but only after a hearing at which

31  such member is given the right to present evidence in his own


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                                      HB 3959, First Engrossed/ntc



  1  behalf and only upon a finding by majority vote of the members

  2  of the Senate that good cause for removal affecting the

  3  member's ability to perform his duties as a member exists,

  4  that he was guilty of misfeasance, malfeasance or nonfeasance

  5  in office, or that he violated the conflict of interest

  6  provisions of this act.

  7         Section 4.  CONTROL OF EXISTING FACILITIES.--No

  8  existing projects, as hereinabove defined and now owned or

  9  controlled by the city, shall be under the jurisdiction,

10  control or supervision of the authority unless and until the

11  city council shall so direct by resolution at such time as the

12  council shall determine that the authority has been organized

13  and is operating in such manner as to make control of such

14  projects by the authority appropriate, desirable and feasible

15  from the standpoint of efficiency of administration,

16  regulation and financing. Such resolution may also provide and

17  contain such restrictions, limitations, qualifications and

18  regulations as the city council may fix and determine as

19  necessary in the public interest. In the event the city

20  council shall so direct by resolution, all contracts, books,

21  maps, plans, papers and records of whatever description

22  pertaining to any such project shall be assigned and

23  transferred to the authority. All revenues of such projects

24  shall thereafter be collected by the authority and shall be

25  applied as provided in this act, subject to any prior pledges

26  of such revenues.

27         Section 5.  CONSTRUCTION OF NEW PROJECTS.--It shall be

28  the duty of the authority to make or cause to be made such

29  surveys, investigations, studies, borings, maps, plans,

30  drawings and estimates of costs, traffic, and revenues as it

31  may deem necessary, and to thereafter prepare and adopt a


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                                      HB 3959, First Engrossed/ntc



  1  comprehensive plan for the construction, development and

  2  improvement of any and all projects of the authority, and for

  3  the construction, development and improvement of facilities

  4  within Orange County, Florida, for handling air passengers,

  5  mail, express and freight, and for handling general aviation

  6  and commercial aircraft. Such comprehensive plan may be

  7  extended, modified or changed by the authority from time to

  8  time. The authority is hereby authorized and empowered,

  9  whenever it shall deem such action feasible and practicable,

10  to acquire, construct, extend or enlarge any project, as

11  hereinabove defined. The cost of any such surveys,

12  investigations, plans, and estimates, and of any such

13  acquisition, construction, extension or enlargement shall be

14  paid, in whole or in part, from the proceeds of revenue bonds

15  issued under the provisions of this act, from revenues of

16  projects of the authority, or from any other funds legally

17  available for such purposes. The authority shall employ

18  procedures for the design and construction of new permanent

19  facilities or major additions to existing facilities, that

20  will include, but not be limited to, the latest developments

21  in construction techniques, materials, design and concepts.

22  The authority may employ contract management and project

23  management methods of design and construction. The following

24  concepts may be included in the construction procedures used

25  by the authority:

26         (1)  Fast-track construction scheduling.--A method

27  which involves the bidding and awarding of certain building

28  subsystems after approval of preliminary design, and before

29  final document completion. Fast-track construction reduces

30  construction time by permitting early subsystems manufacture

31  and erection; it can improve cost and price control and


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                                      HB 3959, First Engrossed/ntc



  1  eliminate extensive design development time by planners and

  2  designers.

  3         (2)  Construction and project management.--A process

  4  whereby a single or highly coordinated authority is

  5  responsible for all scheduling and coordination in both design

  6  and construction phases and is generally responsible for the

  7  successful, timely and economical completion of the

  8  construction project.

  9         (3)  Design and build bidding.--A procedure which

10  requires that an architect, contractor, or engineer bid the

11  entire design and construction of a project and which requires

12  that the owner hire a single source for the project completion

13  and be responsible for the development of performance

14  specifications and technical criteria.

15         Section 6.  EXPENDITURE OF FUNDS FOR PRELIMINARY

16  ACTS.--The City and the County Commissioners of Orange County

17  are hereby authorized to borrow, expend and appropriate funds

18  for use of the authority in carrying out the provisions of

19  this act, particularly, but not limited to, the provisions of

20  section 5 of this act, prior to such time as revenue-producing

21  projects or facilities are created or obtained as provided by

22  this act. Such expenditures of funds by the city or county are

23  hereby deemed and determined to be for a public purpose for

24  the benefit of the general welfare of the citizens of the city

25  and county.

26         Section 7.  CONVEYANCE OF SUBMERGED LANDS.--The

27  authority is hereby authorized and empowered to make

28  application, from time to time, to the Board of Trustees of

29  the Internal Improvement Fund of the State of Florida for

30  conveyance of all of the right, title and interest of the

31  state in and to such submerged or partly submerged lands as


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                                      HB 3959, First Engrossed/ntc



  1  the authority may deem necessary to carry out the purposes of

  2  this act, and said board of trustees are authorized to make

  3  such conveyances to the city, upon such consideration as they

  4  may deem proper, of all or any part of such submerged or

  5  partly submerged lands as they may find to be necessary to

  6  carry out the purposes of this act; provided, however, that

  7  said board of trustees shall in any such conveyance make

  8  adequate provisions for the protection of the interests of the

  9  State School Fund in any of said lands, and no conveyance of

10  same shall be made except upon such conditions that the

11  interests of the State School Fund shall be fully protected.

12         Section 8.  PURPOSES; POWERS OF AUTHORITY.--The

13  purposes of this act are to create an aviation authority in

14  Orange County, Florida, and through it to provide a means to

15  serve the public interest through the coordination of the

16  planning, financing, construction, and operation of aviation

17  facilities of the authority to the end that: adequate public

18  air navigation and transportation facilities are provided;

19  that safe and efficient air commerce is promoted; that

20  aviation projects of the authority are correlated with

21  aviation projects operated by others within this region, this

22  state, and this nation; that orderly and proper use and

23  development of public airports within Orange County will occur

24  as required to develop the potential of Orange County as an

25  air trade center and to support and enhance economic

26  development therein, and that projects of the authority will

27  be included in national and international programs for air

28  transportation relating to general aviation and commercial air

29  transport of passengers and cargo. The authority shall have

30  all of the powers which are necessary to carry out the

31  purposes of this act. Without in any manner limiting or


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  1  restricting such general powers, the authority shall have

  2  power:

  3         (1)  To construct, acquire, establish, improve, extend,

  4  enlarge, reconstruct, equip, maintain, repair and operate any

  5  project, as hereinabove defined, either within or without or

  6  partly within and partly without the territorial boundaries of

  7  the city.

  8         (2)  To issue revenue bonds of the city, payable solely

  9  from revenues, to pay all or a part of the cost of such

10  acquisition, construction, extension or enlargement.

11         (3)  To fix, regulate and collect rates and charges for

12  the services and facilities furnished by any project under its

13  control, and to pledge the revenues of any such project to the

14  payment of revenue bonds issued under the provisions of this

15  act.

16         (4)  To make rules and regulations for its own

17  government and procedure; provided, however, that it shall

18  hold a regular meeting at least once a month and such special

19  meetings as it may deem necessary, and all such meetings shall

20  be open to the public.

21         (5)  To operate, manage and control all projects placed

22  under its control by the provisions of section 4 of this act

23  and all projects, as hereinabove defined, hereafter acquired

24  or constructed under the provisions of this act.

25         (6)  To acquire in the name of the authority, either by

26  purchase or the exercise of the right of eminent domain within

27  the territorial limits of Orange County, Florida, such lands,

28  including submerged and partly submerged land, in fee simple

29  or any lesser interest or easement, and improvements thereto,

30  and to acquire such personal property, as it may deem

31  necessary either for the construction of any project or for


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  1  the efficient operation or for the extension of any project

  2  acquired or constructed or to be constructed under the

  3  provisions of this act, including, without limitation, the

  4  elimination of airport hazards and the full or partial

  5  satisfaction of environmental mitigation requirements of any

  6  federal, state, county, or municipal government or other

  7  agency thereof, and to hold, lease, and dispose of all real

  8  and personal property under its control; provided that any

  9  real estate or interest therein proposed to be purchased,

10  acquired, or sold by the authority shall first be approved by

11  resolution of the city council; and further provided that the

12  granting of any lease or franchise for a term in excess of 10

13  years shall first be approved by resolution of the city

14  council.

15         (7)  To appoint, fix the compensation of, and make

16  provision for the discharge of an executive director who,

17  under the supervision of the authority, shall be responsible

18  for the operation, management and promotion of all activities

19  with which the authority is charged under this act, together

20  with such other duties as may be prescribed by the authority,

21  and shall have such powers as are incident to the performance

22  of his duties and such others as may be prescribed by the

23  authority. The authority may also employ such other officers,

24  agents, and employees under such terms and conditions as it

25  shall consider necessary and appropriate to effectuate its

26  purposes under this act.

27         (8)  To make and enter into all contracts and

28  agreements necessary or incidental to the performance of its

29  duties and the execution of its powers under this act, and to

30  employ consulting engineers, architects, superintendents,

31  managers, aviation consultants, accountants, and attorneys,


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  1  and such other consultants and advisors as may be necessary in

  2  its judgment to accomplish the purposes of this act, and to

  3  fix their compensation; provided, however, that all such

  4  expenses shall be paid solely from the proceeds of revenue

  5  bonds issued under the provisions of this act, or from

  6  revenues of projects of the authority, or from any other funds

  7  legally available for such purposes.

  8         (9)  To make application directly or indirectly to any

  9  federal, state, county or municipal government or agency or to

10  any other source, public or private, for loans, grants,

11  guarantees or other financial assistance in aid of projects of

12  the authority, and to accept and use the same upon such terms

13  and conditions as are prescribed by the federal, state, county

14  or municipal government or agency or other source.

15         (10)  To enter into agreements with the state, any

16  subdivision or department thereof, or any county or

17  municipality or the Federal Government or any agency thereof

18  to use the facilities or the services of the state or such

19  subdivision or department, or such county or municipality or

20  the Federal Government or any agency thereof, as necessary or

21  desirable to accomplish the purposes of this act; or to allow

22  any of such agencies to utilize the facilities or the services

23  of the authority as necessary or desirable to accomplish the

24  purposes of this act.

25         (11)  Subject to such provisions and restrictions as

26  may be set forth in the resolution or in the trust agreement

27  hereinafter mentioned authorizing or securing the revenue

28  bonds issued under the provisions of this act, to have

29  exclusive control of the revenues derived from each project

30  under its control, and of the expenditures thereof, except as

31  otherwise provided herein.


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                                      HB 3959, First Engrossed/ntc



  1         (12)  To adopt and enforce in the courts of this state

  2  reasonable rules and regulations for the orderly, safe,

  3  efficient, and sanitary operation and use of projects and

  4  facilities owned by it or under its control; provided, that no

  5  such rule or regulation shall be adopted which, in the

  6  judgment of the authority, will directly affect the traveling

  7  public as a class, except subsequent to a public hearing which

  8  shall be advertised twice in a newspaper of general

  9  circulation in Orange County, Florida, the first publication

10  to occur not more than 14 days and the second such publication

11  to occur not less than 4 days, prior to the proposed adoption

12  thereof.

13         (13)  Subject to the provisions of subsection (6) of

14  this section, to enter into exclusive or nonexclusive

15  contracts, leases, franchises, or other arrangements with any

16  person or persons for terms not exceeding 50 years, granting

17  the privilege of using or improving any project of the

18  authority, or any portion thereof or space therein for

19  commercial purposes; conferring the privilege of supplying

20  goods, commodities, things, services or facilities at such

21  project or projects; or making available services to be

22  furnished by the authority or its agents at such project; and

23  to establish the terms and conditions and fix the charges,

24  rentals, or fees for such privileges or services so long as

25  such fee or charges shall not conflict with any applicable

26  rules and regulations of the Public Service Commission.

27         (14)  To enter into contracts, leases, or other

28  agreements with federally certificated air carriers, other

29  commercial air carriers and other commercial users of its

30  projects, for the use of such projects, under such terms and

31  conditions as it deems appropriate and for such charges,


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                                      HB 3959, First Engrossed/ntc



  1  rentals and fees as it deems appropriate; and to enter into

  2  any contracts, leases or other agreements, set any tolls,

  3  fees, or other charges for the use of its property or

  4  services, and collect and use same as necessary to operate the

  5  projects under its control and to accomplish any purposes of

  6  this act.

  7         (15)  To contract with any persons, firms, or public or

  8  private corporations to supply goods, commodities, facilities,

  9  and services to the public, employees of the authority and

10  employees of air carriers and other commercial interests

11  located at any project under its control under such terms and

12  conditions as it deems appropriate.

13         (16)(a)  Subject to the provisions of subsection (6) of

14  this section, to acquire land or other real or personal

15  property within the territorial limits of Orange County,

16  Florida, by purchase, lease, gift, devise, bequest, exchange

17  or in any other manner, including, but not limited to,

18  proceedings in the name of the authority, by eminent domain;

19  and the authority shall have the power to purchase or obtain

20  options, contracts or other rights to acquire land or other

21  real or personal property, provided that such options,

22  contracts or other rights shall be for a reasonable period of

23  time and for a consideration not in excess of 5 percent of the

24  purchase price specified upon the exercise of such options,

25  contracts, or other rights, unless prior approval of the city

26  council shall have been obtained.

27         (b)  Subject to the provisions of subsection (6) of

28  this section, the authority shall have the power to sell and

29  dispose of any lands, structures, facilities or other property

30  acquired under this act, when it shall determine that such

31  lands, structures, facilities or other property are no longer


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                                      HB 3959, First Engrossed/ntc



  1  needed for carrying out the purposes of this act; provided,

  2  however, that such sale shall be for a fair and reasonable

  3  consideration; and further provided that the authority, with

  4  the prior approval of the city council, may sell, or give the

  5  right of use of its property to the city or other public body

  6  without consideration or for less than a full and adequate

  7  consideration; and the subject matter of any such sale or

  8  disposal of property may be subjected by the authority to

  9  reasonable restrictions for the preservation and protection of

10  any other property held or controlled by said authority. In

11  carrying out the purposes of this act, the authority may lease

12  or rent any part or portion of land, structure, or facility of

13  the authority to such private persons, corporations,

14  partnerships, or public corporations or agencies or other

15  legal entity, public or private, for use of such property by

16  such lessee as the authority shall determine is in the best

17  interests of the public in furthering the purposes of this

18  act; provided, however, that such lease or other right to use

19  thereof shall be for any term of years not to exceed 50 years.

20         (17)  To make any and all applications required by the

21  United States Treasury Department and other departments or

22  agencies of the United States Government or of this state as a

23  condition precedent to the establishment within Orange County

24  of a free port or area for the reception from foreign

25  countries of articles of commerce and the handling, processing

26  and delivery thereof into foreign commerce free from the

27  payment of custom duties, and to enter into any agreements

28  required by such departments or agencies in connection

29  therewith and to make like applications and agreements with

30  respect to the establishment within said county of one or more

31  bonded warehouses.


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                                      HB 3959, First Engrossed/ntc



  1         (18)  With the express prior approval by ordinance of

  2  the city council,

  3         (a)  To employ and constitute its own airport guards or

  4  police officers, or to contract with the city or any other

  5  agency of the state or Orange County to provide law

  6  enforcement services and protection through its duly sworn

  7  officers, and all such officers shall have full power of

  8  arrest to prevent or abate the commission of any offense

  9  against the ordinances of the city, the laws of this state, or

10  the laws of the United States, when any such offense or

11  threatened offense occurs upon any lands or project owned by

12  or under the control of the authority.

13         (b)  To provide its own fire protection, crash and

14  rescue services or to arrange for such services with any

15  federal, state, municipal or county agency or any private firm

16  in the business of providing such services.

17         (19)  To acquire by agreement, and not through the

18  exercise of eminent domain, any aviation projects of the city,

19  or, with the prior approval of the city council, any other

20  aviation projects situate within Orange County, whether

21  publicly or privately owned; provided, that upon conveyance of

22  any such aviation project to the authority, all contracts,

23  commitments, leases and any other obligations then outstanding

24  with respect to such aviation project shall be transferred to

25  and assumed by the authority. The Board of County

26  Commissioners of Orange County and any municipality or other

27  public body of the state having an interest in an aviation

28  project situate in Orange County are hereby authorized to

29  convey their interests in any such aviation project to the

30  authority, upon terms and conditions acceptable to such public

31  body and to the authority.


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                                      HB 3959, First Engrossed/ntc



  1         (20)  To enter into agreements with the city, or with

  2  any other public body owning or operating aviation projects of

  3  which the authority may subsequently assume control, with

  4  respect to the manner to transfer of persons employed by the

  5  city or other public body at such aviation projects to the

  6  authority, as the authority deems necessary and appropriate.

  7         (21)  To establish a plan for retirement, disability,

  8  hospitalization, and other fringe benefits, and for death

  9  benefits for officers and employees of the authority, or to

10  provide by resolution that such officers and employees shall

11  be covered under any plan of the city, Orange County, or the

12  state available to them under the laws of the city, Orange

13  County, or the state.

14         (22)  To exercise each and every power not inconsistent

15  with express provisions of this act which any municipality of

16  this state may now or hereafter exercise with respect to the

17  operation, acquisition, construction, or financing of airports

18  or airport projects owned or controlled by such a municipality

19  under the provisions of the general laws of this state.

20         (23)  Notwithstanding any other provision of law to the

21  contrary, the authority does not have the power of ad valorem

22  taxation.

23

24  All expenses incurred by the authority in exercising its

25  powers and in performing its functions and duties shall be

26  paid solely from the proceeds of revenue bonds issued under

27  the provisions of this act or from the revenues of the

28  projects under its control, and no liability or obligation not

29  payable from such proceeds or from such revenues shall at any

30  time be incurred in connection with the operation thereof,

31  except as provided herein.


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                                      HB 3959, First Engrossed/ntc



  1         Section 9.  CREDIT OF CITY NOT PLEDGED.--Revenue bonds

  2  issued under the provisions of this act shall not be deemed to

  3  constitute a debt of the city or a pledge of the faith and

  4  credit of the city, but such bonds shall be payable solely

  5  from the funds hereinafter provided therefor from revenues.

  6  All such bonds shall contain a statement on their face to the

  7  effect that the city is not obligated to pay such bonds or the

  8  interest thereon except from revenues, and that the faith and

  9  credit of the city are not pledged to the payment of the

10  principal or of the interest on such bonds. The issuance of

11  revenue bonds under the provisions of this act shall not

12  directly or indirectly or contingently obligate the city to

13  levy or to pledge any form of taxation whatever therefor or to

14  make any appropriation for their payment.

15         Section 10.  BOND ISSUE FOR PURPOSE OF FINANCING

16  PROJECTS AUTHORIZED BY THIS ACT.--In addition to any powers

17  granted in this act, the authority is hereby authorized to

18  issue revenue bonds, and to issue and borrow against bond

19  anticipation notes, for the purpose of financing any of the

20  projects authorized by this act in the same manner and subject

21  to the same restrictions as the city may be permitted by

22  general or special law.

23         Section 11.  REVENUE BONDS.--

24         (1)  The authority is hereby authorized to provide by

25  resolution, at one time or from time to time, for the issuance

26  of revenue bonds of the authority for the purpose of paying

27  all or a part of the cost, as hereinabove defined, of

28  acquiring, constructing, extending or enlarging any project or

29  projects of the authority, or for the purpose of refunding

30  aviation revenue bonds heretofore or hereafter issued by the

31  city or by the authority. The bonds of each issue shall be


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                                      HB 3959, First Engrossed/ntc



  1  dated and shall mature at such time or times not exceeding 40

  2  years from their date or dates as may be determined by the

  3  authority, and may be made redeemable before maturity, at the

  4  option of the city, at such price or prices and under such

  5  terms and conditions as may be fixed by the authority prior to

  6  the issuance of the bonds. Bonds shall bear interest from

  7  their date until paid at such rate or rates as may be

  8  determined by the authority not exceeding the rate permitted

  9  by general law. The principal of and the interest on such

10  bonds may be made payable in any lawful medium. The authority

11  shall determine the form of the bonds, including any interest

12  coupons to be attached thereto, and the manner of execution of

13  the bonds, and shall fix the denomination or denominations of

14  the bonds and the place or places of payment of principal and

15  interest, which may be any bank or trust company within or

16  without the state. Such bonds may be in certificated or

17  uncertificated form, and may be issued with compound interest,

18  capital appreciation, serial appreciation, original issue

19  discounts or zero or low interest rates, or with any

20  combination of such features, or with such other features, as

21  the authority shall determine.

22         (2)  Such bonds shall be signed by the mayor of the

23  city and countersigned by the chairman of the authority.

24  Either or both signatures required may be by facsimile. The

25  seal of the city may be impressed on the bonds or a facsimile

26  may be printed or lithographed thereon. In case any officer

27  whose signature or a facsimile of whose signature shall appear

28  on the bonds or coupons shall cease to be such officer before

29  the delivery of such bonds, such signature or such facsimile

30  shall nevertheless be valid and sufficient for all purposes

31  the same as if he had remained in office until such delivery.


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                                      HB 3959, First Engrossed/ntc



  1  Neither the members of the authority nor any person executing

  2  the bonds shall be personally liable on the bonds or be

  3  subject to any personal liability or accountability by reason

  4  of the issuance thereof.

  5         (3)  All revenue bonds issued under the provisions of

  6  this act shall have and are hereby declared to have, as

  7  between successive holders, all the qualities and incidents of

  8  negotiable instruments under the negotiable instruments law of

  9  the state. The bonds may be issued in coupon or in registered

10  form, or both, as the authority may determine, and provision

11  may be made for the registration of any coupon bonds as to

12  principal alone and also as to both principal and interest,

13  and for the reconversion into coupon bonds of any bonds

14  registered as to both principal and interest. The authority

15  may sell such bonds in such manner either at public or at

16  private sale, and for such price, as it may determine to be in

17  the best interest of the city.

18         (4)  The proceeds of such bonds shall be used solely

19  for the payment of the cost of acquiring, constructing,

20  extending or enlarging the project or projects for which such

21  bonds shall be issued, and shall be disbursed in such manner

22  and under such restrictions, if any, as the authority may

23  provide. If the proceeds of such bonds, by error of estimates

24  or otherwise, shall be less than such cost, additional bonds

25  may in like manner be issued upon the prior approval of the

26  city council to provide the amount of such deficit, and,

27  unless otherwise provided in the resolution authorizing the

28  issuance of the bonds or in the trust agreement hereinafter

29  mentioned, shall be deemed to be of the same issue and shall

30  be entitled to payment from the same fund without preference

31  or priority of the bonds first issued for the same purpose. If


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                                      HB 3959, First Engrossed/ntc



  1  the proceeds of the bonds of any issue shall exceed the amount

  2  required for the purpose for which such bonds were issued, the

  3  surplus may be paid into the fund provided for the payment of

  4  the principal of and the interest on such bonds, or for any

  5  other lawful purpose of the authority. Prior to the

  6  preparation of definitive bonds, the authority may, under like

  7  restrictions, issue interim receipts or temporary bonds, with

  8  or without coupons, exchangeable for definitive bonds when

  9  such bonds have been executed and are available for delivery.

10  The authority may also provide for the replacement of any

11  bonds which shall become mutilated or be destroyed or lost.

12  Revenue bonds may be issued under the provisions of this act

13  without obtaining the consent of any commission, board, bureau

14  or agency of the state, and without any other proceedings or

15  the happening of any other conditions or things than those

16  proceedings, conditions or things which are specifically

17  required by this act.

18         (5)  The resolution providing for the issuance of the

19  revenue bonds and any trust agreement executed in connection

20  therewith may also contain such limitations upon the issuance

21  of additional revenue bonds as the authority may deem proper,

22  and such additional bonds shall be issued under such

23  restrictions and limitations as may be prescribed by such

24  resolution or such trust agreement.

25         (6)  The authority is hereby authorized to provide by

26  resolution for the issuance of revenue refunding bonds of the

27  city for the purpose of refunding any revenue bonds then

28  outstanding and issued under the provisions of this act, as

29  well as any revenue bonds theretofore issued by the city to

30  which the payment of revenues of any project of the authority

31  shall have been pledged. The authority is further authorized


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                                      HB 3959, First Engrossed/ntc



  1  to provide by resolution for the issuance of a single issue of

  2  revenue bonds of the city for the combined purpose of:

  3         (a)  Paying all or a part of the cost of acquiring,

  4  constructing, extending or enlarging a project or projects;

  5  and

  6         (b)  Refunding any revenue bonds or revenue

  7  certificates which shall then be outstanding and shall be

  8  payable from the revenue of any existing project or projects

  9  of the authority.

10

11  The issuance of such revenue bonds, the form, maturities,

12  features, and other details thereof, the rights of the holders

13  thereof, and the duties of the authority and of the city in

14  respect of the same, shall be governed by the foregoing

15  provisions of this act insofar as the same may be applicable.

16         (7)  Revenue bonds may be issued under the provisions

17  of this act beyond the general limits of indebtedness

18  prescribed by law, and shall not be included in the amount of

19  bonds which the city may be authorized to issue under any

20  other law. Revenue bonds issued under the provisions of this

21  act and the income therefrom shall be exempt from all taxation

22  within the state. It shall be lawful for all state agencies,

23  banks, executors, administrators, guardians, and fiduciaries

24  generally, and all sinking fund commissioners, to invest any

25  moneys in their hands in such bonds, and such bonds may be

26  deposited as security for the deposit of public funds of the

27  state or of any county, city, or town. No resolution for the

28  issuance of any bond authorized herein shall be effective

29  until the city council shall authorize such individual issue

30  by proper resolution.

31


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                                      HB 3959, First Engrossed/ntc



  1         Section 12.  TRUST AGREEMENT.--In the discretion of the

  2  authority each or any issue of such revenue bonds may be

  3  secured by a trust agreement by and between the authority and

  4  a corporate trustee, which may be any trust company or bank

  5  having the powers of a trust company within or without the

  6  state. Such trust agreement may pledge or assign the revenues

  7  to be received, but shall not convey or mortgage any project

  8  or any part thereof. Either the resolution providing for the

  9  issuance of revenue bonds or such trust agreement may contain

10  such provisions for protecting and enforcing the rights and

11  remedies of the bondholders as may be reasonable and proper

12  and not in violation of laws, including covenants setting

13  forth the duties of the authority in relation to the

14  acquisition, construction, extension, enlargement,

15  maintenance, operation, repair and insurance of a project and

16  the custody, safeguarding and application of all moneys. It

17  shall be lawful for any bank or trust company incorporated

18  under the laws of this state to act as depository of the

19  proceeds of bonds or of revenues and to furnish such

20  indemnifying bonds or to pledge such securities as may be

21  required by the authority. Such trust agreement may set forth

22  the rights and remedies of the bondholders and of the trustee,

23  and may restrict the individual right of action by bondholders

24  as is customary in trust agreements or trust indentures

25  securing bonds and debentures of corporations. In addition to

26  the foregoing, such trust agreement may contain such other

27  provisions as the authority may deem reasonable and proper for

28  the security of bondholders. Except as otherwise provided in

29  this act, the authority may provide, by resolution or by such

30  trust agreement, for the payment of the proceeds of the sale

31  of the bonds and the revenues of the project or projects to


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                                      HB 3959, First Engrossed/ntc



  1  such officer, board or depository as it may determine for the

  2  custody thereof, and for the method of disbursement thereof,

  3  with such safeguards and restrictions as it may determine. All

  4  expenses incurred in carrying out the provisions of such trust

  5  agreement may be treated as a part of the cost of operation of

  6  the project or projects affected by such trust agreement.

  7         Section 13.  REVENUES AND BUDGETING THEREOF.--

  8         (1)  Not less than 1 month prior to the end of each

  9  fiscal year of the authority, which shall be the same fiscal

10  year as that of the city, the authority shall adopt by

11  resolution its proposed budget for the ensuing fiscal year,

12  and submit the same to the city council. Such proposed budget

13  shall include all anticipated expenditures of the authority

14  for all of its projects during the ensuing fiscal year,

15  including operating expenses, capital outlays, materials,

16  labor, equipment, supplies, payments of principal and interest

17  on all outstanding revenue bonds of the authority, and sinking

18  fund and reserve requirements of such bonds. Such proposed

19  budget shall provide for expenditures only to the extent of

20  funds legally available to the authority for such purposes and

21  reasonably anticipated revenues of the authority for the

22  ensuing fiscal year from established sources, based upon past

23  experience and reasonable projections thereof, and from new

24  projects or new sources of income of the authority. The city

25  council shall, within 10 days of its receipt of such proposed

26  budget, conduct a public hearing with respect thereto. The

27  chairman and executive director of the authority shall be

28  present at such public hearing. Following the public hearing

29  by the city council, the authority at any regular or special

30  meeting prior to the commencement of the next fiscal year

31  shall adopt by resolution its budget for the ensuing year


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                                      HB 3959, First Engrossed/ntc



  1  subject to the same constraints as to the amount of

  2  expenditures as set forth above with respect to the proposed

  3  budget of the authority. Once adopted, the said budget shall

  4  not be amended except by resolution of the authority and

  5  except following the giving of 10 days' written notice of the

  6  proposed amendment to the city council and the giving of

  7  public notice of the authority's intention to consider

  8  amending its budget, which notice shall be by publication in a

  9  newspaper of general circulation in Orange County at least 10

10  days prior to the meeting of the authority at which such

11  proposed amendment is to be finally considered.

12         (2)  Within 90 days following the close of each fiscal

13  year, the authority shall make a comprehensive report of its

14  operations of each project under its control during the

15  preceding fiscal year, including all matters relating to

16  rates, charges, revenues, expenses of maintenance, repair and

17  operation and of replacements and extensions, principal and

18  interest retirements and the status of all funds. Copies of

19  such annual reports shall be filed with the secretary of the

20  authority, with the city council, with the Board of County

21  Commissioners of Orange County, and, if the revenue bonds

22  shall be secured by a trust agreement, with the trustee under

23  such trust agreement, and shall be open to the inspection of

24  all interested persons.

25         (3)  The authority shall cause an audit to be made of

26  its books and accounts for each of its fiscal years by an

27  independent certified public accountant, which audit shall be

28  accompanied by the accountant's opinion and qualifications

29  relating thereto, if any.

30         Section 14.  TRUST FUNDS.--All moneys received pursuant

31  to the authority of this act, whether as proceeds from the


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                                      HB 3959, First Engrossed/ntc



  1  sale of revenue bonds or as revenues, shall be deemed to be

  2  trust funds, to be held and applied solely as provided in this

  3  act. The authority shall, in the resolution authorizing the

  4  issuance of revenue bonds or in the trust agreement, provide

  5  for the payment of the proceeds of the sale of such bonds and

  6  all revenues to be received to any officer who, or to any

  7  agency, bank or trust company which, shall act as trustee of

  8  such funds and shall hold and apply the same to the purposes

  9  hereof, subject to such regulations as this act and such

10  resolution or trust agreement may provide.

11         Section 15.  REMEDIES.--Any holder of revenue bonds

12  issued under the provisions of this act or of any of the

13  coupons appertaining thereto, and the trustee under the trust

14  agreement, if any, except to the extent the rights herein

15  given may be restricted by such resolution or trust agreement,

16  may, either at law or in equity, by suit, action, mandamus or

17  other proceeding, protect and enforce any and all rights under

18  the laws of the State of Florida or granted hereunder or under

19  such resolution or trust agreement, and may enforce and compel

20  the performance of all duties required by this act or by such

21  resolution or trust agreement to be performed by the city or

22  the authority or by any officer thereof, including the fixing,

23  charging and collecting of rates and charges for the services

24  and facilities furnished by any project.

25         Section 16.  POWER OF EMINENT DOMAIN.--It is hereby

26  specifically provided that, in the acquisition of any land or

27  other property by the exercise of the power of eminent domain

28  and condemnation proceedings as herein provided, the authority

29  shall first authorize and provide for such acquisition and

30  condemnation by appropriate resolution of the authority, which

31  shall be presented to the city council for its approval and


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                                      HB 3959, First Engrossed/ntc



  1  action as hereinafter provided. No condemnation proceedings in

  2  exercise of the power of eminent domain shall be initiated or

  3  valid unless and until the city council shall, by resolution,

  4  approve the resolution of the authority and authorize by

  5  resolution the exercise of the power of eminent domain in the

  6  name of the authority for the purposes set forth in such

  7  resolution of the authority. All such condemnation proceedings

  8  shall then proceed in the manner provided by law for the

  9  exercise of the power of eminent domain by a municipality for

10  the acquisition of property for a proper municipal and public

11  purpose.

12         Section 17.  CITY ORDINANCES IN EFFECT.--All of the

13  ordinances of general application of the city from time to

14  time in effect, with the sole exception of its ordinances

15  pertaining to zoning, shall, when so determined by ordinance

16  of the city council, be of full force and effect in and on any

17  areas of land or water owned or controlled by the authority

18  which are not within the limits of any other municipality,

19  whether or not such areas are within, without, or partially

20  without the municipal limits of the city, and may be enforced

21  in the same manner and to the same extent as if such areas

22  were within the municipal limits of the city.

23         Section 18.  EXECUTION OF CONTRACTS, LEASES AND OTHER

24  LEGAL INSTRUMENTS.--Any and all contracts, leases,

25  obligations, agreements or other legal instruments of the

26  authority shall be approved by resolution of the authority,

27  and shall be executed by those individuals designated in such

28  resolution, and in the absence of such designation by the

29  chairman or vice chairman. Nothing in this provision shall

30  prohibit general resolutions authorizing the executive

31  director or other officers, agents or employees to execute


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                                      HB 3959, First Engrossed/ntc



  1  such contracts, leases or other legal documents as the

  2  authority may prescribe.

  3         Section 19.  COOPERATION BETWEEN MUNICIPALITIES, COUNTY

  4  AND AUTHORITY.--

  5         (1)  The effectuation of the purposes of this act being

  6  in all respects for the benefit of the people of the state and

  7  Orange County, as well as of the municipalities in said

  8  county, the state, Orange County, and each municipality

  9  therein is hereby authorized to aid and cooperate with the

10  authority in carrying out any authorized purposes or projects

11  of the authority.

12         (2)  Orange County and each municipality therein is

13  hereby authorized to enter into interlocal agreements with the

14  authority and to provide in any such interlocal agreement for

15  the making of a loan, gift, grant or contribution to the

16  authority for the carrying out of any of the authorized

17  purposes or projects of the authority.

18         (3)  Orange County and each municipality therein is

19  hereby further authorized to grant and convey to the authority

20  real or personal property of any kind or nature, or any

21  interest therein, for the carrying out of the authorized

22  purposes or projects of the authority.

23         (4)  Any such interlocal agreement may be made and

24  entered into pursuant to this act for such time or times not

25  exceeding 40 years as shall be agreed by the parties thereto,

26  and may contain such other details, terms, provisions and

27  conditions as shall be agreed upon by the parties thereto.

28         (5)  Any such interlocal agreement may be made and

29  entered into for the benefit of the holders of any revenue

30  bonds issued pursuant to this act, as well as the parties

31  thereto, and shall be enforceable in any court of competent


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  1  jurisdiction by the holders of any such revenue bonds or of

  2  the coupons appertaining thereto.

  3         (6)  No such interlocal agreement shall in any way

  4  constitute a pledge of the taxing power, or of the full faith

  5  and credit of any party thereto.

  6         Section 20.  CONFLICTS OF INTEREST PROHIBITED.--No

  7  member, officer, agent, or employee of the authority, either

  8  for himself, or as agent for anyone else, or as a stockholder

  9  or owner in any other legal entity, shall participate or

10  benefit directly or indirectly in or from any sale, purchase,

11  lease, franchise, contract, or other transaction entered into

12  by the authority. If any such person shall violate the

13  provisions of this section, he shall be guilty of a

14  misdemeanor. The provisions of this section shall be

15  cumulative to any general laws of the state which are from

16  time to time applicable to members, officers, agents, or

17  employees of the authority and which require the disclosure

18  of, or prohibit, conflicts of interest.

19         Section 21.  ACT CONFERS ADDITIONAL AUTHORITY.--

20         (1)  The powers conferred by this act shall be in

21  addition and supplemental to the existing powers of the

22  authority heretofore granted to it by any existing acts, and

23  any other law, general or special, and this act shall not be

24  construed so as to repeal any of the provisions of the

25  existing acts, except as expressly provided herein, or of any

26  other law, general or special, except to the extent of any

27  conflict between the provisions of this act and the provisions

28  of the existing acts, or of any other law, general or special,

29  in which event the provisions of this act shall be controlling

30  and shall, to the extent of any such conflict, supersede the

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  1  provisions of the existing acts and the provisions of any

  2  other law, general or special.

  3         (2)  Nothing in this act is intended, nor shall any

  4  provision hereof be construed so as to repeal, abrogate,

  5  impair or adversely affect the rights and remedies of the

  6  holders of any obligations of the city heretofore issued.

  7         (3)  No approval of the electors or freeholders of the

  8  city or of any other political subdivision shall be required

  9  for the issuance of any revenue bonds pursuant to this act,

10  unless such approval is required by the provisions of the

11  Constitution or general laws of Florida.

12         Section 22.  TERMINATION OF AUTHORITY.--If for any

13  reason, the Authority or its successors shall terminate, be

14  terminated, or cease operation or existence for any cause or

15  reason, then upon such termination or cessation all property,

16  real, personal or mixed, tangible or intangible, of whatsoever

17  kind and wheresoever located, shall immediately become the

18  property of the city, which is hereby authorized to exercise

19  any or all the powers herein granted the authority for the

20  purposes expressed herein, or any other municipal purpose.

21         Section 3.  If any provision of this act or the

22  application thereof to any person or circumstance is held

23  invalid, the invalidity shall not affect other provisions or

24  applications of the act which can be given effect without the

25  invalid provision or application, and to this end the

26  provisions of this act are declared severable.

27         Section 4.  Except as specifically reenacted herein,

28  chapters 57-1658, 61-2599, 67-1834, 69-1389, 75-464, 77-612,

29  78-578, 80-553, 80-554, 82-347, 87-555, 88-474, 91-369, and

30  91-391, Laws of Florida, are hereby repealed.

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  1         Section 5.  This act shall take effect upon becoming a

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