|
|||
| 1 | A bill to be entitled | ||
| 2 | An act relating to the Panama City Port Authority, Bay | ||
| 3 | County; providing for codification of the district's | ||
| 4 | charter; codifying, amending, and reenacting the | ||
| 5 | district's special acts; providing for severability; | ||
| 6 | repealing chapters 17643 (1935), 23466 (1945), 57-1704, | ||
| 7 | 69-1442, 79-545, 84-389, and 85-380, Laws of Florida; | ||
| 8 | providing for liberal construction; providing an effective | ||
| 9 | date. | ||
| 10 | |||
| 11 | Be It Enacted by the Legislature of the State of Florida: | ||
| 12 | |||
| 13 | Section 1. Pursuant to section 189.429, Florida Statutes, | ||
| 14 | this act constitutes the codification of all special acts | ||
| 15 | relating to the Panama City Port Authority. It is the intent of | ||
| 16 | the Legislature in enacting this law to provide a single, | ||
| 17 | comprehensive special act charter for the Authority, including | ||
| 18 | all current legislative authority granted to the Authority by | ||
| 19 | its several legislative enactments and any additional authority | ||
| 20 | granted by this act. | ||
| 21 | Section 2. Chapters 17643 (1935), 23466 (1945), 57-1704, | ||
| 22 | 69-1442, 79-545, 84-389, and 85-380, Laws of Florida, are | ||
| 23 | codified, amended, reenacted, and repealed as herein provided. | ||
| 24 | Section 3. The charter for the Panama City Port Authority | ||
| 25 | is re-created and reenacted to read: | ||
| 26 | Section 1. There is hereby created a body corporate to be | ||
| 27 | known as the Panama City Port Authority (“Authority”), a | ||
| 28 | dependent special district, with the usual corporate powers to | ||
| 29 | sue and be sued and the additional powers specified herein. Said | ||
| 30 | Authority shall be an agency of Panama City (“City”). All | ||
| 31 | property now owned or hereafter acquired by the Authority shall | ||
| 32 | be held by it for the benefit of the City. The Authority shall | ||
| 33 | not lease, own, or acquire any real estate except in Bay County, | ||
| 34 | or within 10 miles of the City, whichever is greater. | ||
| 35 | Section 2. The Authority shall consist of five members. | ||
| 36 | The five members shall be appointed by the Panama City | ||
| 37 | Commissioners. The City Commission shall appoint or reappoint | ||
| 38 | the five members of the Authority and shall designate the term | ||
| 39 | of each member from 1 to 5 years. Thereafter, all appointments | ||
| 40 | shall be for a term of 4 years from the expiration of the | ||
| 41 | previous term. All vacancies for any unexpired terms shall be | ||
| 42 | filled by the City Commission. All members shall serve at the | ||
| 43 | pleasure of the City Commission. No member shall be an officer | ||
| 44 | or employee of the City, Bay County, or the state. Only | ||
| 45 | individuals residing in Bay County shall be eligible for | ||
| 46 | appointment to the Authority and no more than two members shall | ||
| 47 | be primarily engaged in the maritime industry. “Maritime | ||
| 48 | industry” means an activity relating to waterborne commerce and | ||
| 49 | navigation. The members constituting the Authority shall select | ||
| 50 | one of their number as chairperson. The term of office of the | ||
| 51 | chairperson shall be 2 years from the date of his or her | ||
| 52 | selection. The members shall receive no compensation for their | ||
| 53 | services. Three members shall constitute a quorum of the | ||
| 54 | Authority for all purposes. | ||
| 55 | Section 3. The Authority is authorized to hire an | ||
| 56 | executive director, attorney, secretary, and such other | ||
| 57 | employees or personnel, whether permanent or temporary, as it | ||
| 58 | may in its judgment so require. None of the employees of the | ||
| 59 | Authority shall be covered by the Employee Civil Service Laws of | ||
| 60 | the City. | ||
| 61 | Section 4. The Authority is hereby authorized to own and | ||
| 62 | acquire property by purchase, lease, eminent domain, gift, or | ||
| 63 | transfer from others, including governmental agencies, and to | ||
| 64 | acquire, construct, maintain, equip, operate, and manage port | ||
| 65 | terminal facilities, including associated marine structures and | ||
| 66 | facilities, industrial parks, manufacturing plants, and any | ||
| 67 | other structures or improvements deemed convenient or | ||
| 68 | appropriate for its purposes. The Authority shall not have the | ||
| 69 | right to exercise the power of eminent domain without first | ||
| 70 | obtaining the approval of the City Commission. | ||
| 71 | Section 5. The Authority is hereby authorized to enter | ||
| 72 | into contracts with individuals, corporations, and governmental | ||
| 73 | agencies regarding all properties and structures owned, | ||
| 74 | operated, or leased by the Authority as deemed convenient or | ||
| 75 | appropriate in the management of its affairs or in the | ||
| 76 | furtherance thereof. | ||
| 77 | Section 6. Within the limits of its budget, the Authority | ||
| 78 | is authorized to borrow money and give its notes and evidences | ||
| 79 | of indebtedness therefor. Notwithstanding the limitation of any | ||
| 80 | budget, when authorized by the City, the Authority is hereby | ||
| 81 | authorized to raise moneys by the issuance and sale of revenue | ||
| 82 | bonds or certificates of indebtedness in such form, amounts, | ||
| 83 | conditions, denominations, maturities, and rates of interest as | ||
| 84 | the Authority deems advisable, which shall be payable solely | ||
| 85 | from all or any part of the income, rents, and revenues of any | ||
| 86 | property or facilities now or hereafter owned, leased, or | ||
| 87 | operated by the Authority. | ||
| 88 | Section 7. The Authority shall have no power or authority | ||
| 89 | to bind or obligate the City in any manner whatsoever, directly | ||
| 90 | or indirectly. The City shall not be liable or responsible for | ||
| 91 | any debts, obligations, or liabilities of the Authority or its | ||
| 92 | officers or employees. All persons dealing with the Authority | ||
| 93 | are hereby charged with notice of this limitation on the powers | ||
| 94 | of the Authority. | ||
| 95 | Section 8. The Authority shall submit on or before August | ||
| 96 | 1 of each year to the City Commission its proposed annual budget | ||
| 97 | for approval by the City Commission, together with a copy of an | ||
| 98 | audit of its affairs for the preceding year prepared by a | ||
| 99 | certified public accountant. The audit shall be in such form as | ||
| 100 | dictated by the laws of the state. No moneys shall be spent or | ||
| 101 | obligations incurred by the Authority except in accordance with | ||
| 102 | its budget. | ||
| 103 | Section 9. If any provision of this Act or the application | ||
| 104 | thereof to any person or circumstance is held invalid, such | ||
| 105 | invalidity shall not affect provisions or applications of the | ||
| 106 | Act which can be given effect without the invalid provision or | ||
| 107 | application and, to this end, the provisions of this Act are | ||
| 108 | declared to be severable. | ||
| 109 | Section 10. This Act shall be construed as a remedial act | ||
| 110 | and shall be liberally construed to promote the purposes for | ||
| 111 | which it is intended. | ||
| 112 | Section 4. Chapters 17643 (1935), 23466 (1945), 57-1704, | ||
| 113 | 69-1442, 79-545, 84-389, and 85-380, Laws of Florida, are | ||
| 114 | repealed. | ||
| 115 | Section 5. This act shall take effect upon becoming a law. | ||