1 | A bill to be entitled |
2 | An act relating to the Jacksonville Airport Authority, |
3 | Consolidated City of Jacksonville, Duval County; creating |
4 | and establishing separate charter provisions concerning |
5 | the airport authority known as the Jacksonville Airport |
6 | Authority, which was established effective October 1, |
7 | 2001, pursuant to chapter 2001-319, Laws of Florida, as |
8 | amended; establishing the separate airport authority as a |
9 | county authority, providing for governing bodies, |
10 | appointment of members, terms, staggered terms, rules of |
11 | procedure, providing for employment of a managing director |
12 | and other employees, providing for interrelations with and |
13 | use of services of the City of Jacksonville; providing |
14 | definitions; establishing powers; providing for issuance |
15 | of bonds; providing for budgetary and financial matters; |
16 | providing for rights of bondholders; providing rights of |
17 | employees and participation in the Florida Retirement |
18 | System; providing for cooperation with other entities; |
19 | providing for audits and bonds; providing for purchasing, |
20 | procurement, and award of contracts; providing for |
21 | execution of instruments and examination of claims; |
22 | providing for transfer, effective October 1, 2001, of |
23 | assets and liabilities from the former consolidated |
24 | Jacksonville Port Authority to the separate airport |
25 | authority and for assumption of responsibilities; making |
26 | the Port Facilities Financing Act applicable to airport |
27 | operations; declaring a county and public purpose; |
28 | providing for liberal construction; providing for |
29 | severability; providing an effective date. |
30 |
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31 | Be It Enacted by the Legislature of the State of Florida: |
32 |
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33 | Section 1. Section 1. Creation of Jacksonville Airport |
34 | Authority.-- |
35 | (1) The charter provisions concerning the airport |
36 | operations of the former Jacksonville Port Authority established |
37 | pursuant to Chapter 2001-319, Laws of Florida, as amended, are |
38 | hereby amended and restated in their entirety to read as |
39 | follows: There is hereby created and established as of October |
40 | 1, 2001, a separate body politic and corporate to be known as |
41 | the Jacksonville Airport Authority and hereinafter referred to |
42 | singly as the "authority," which is created as an agency and |
43 | political subdivision of the State of Florida in the nature of |
44 | counties and not municipalities. This authority is authorized to |
45 | exercise its jurisdiction, powers, and duties within the |
46 | geographic area defined by the boundary lines of Duval County as |
47 | established by section 7.16, Florida Statutes, which boundary |
48 | lines also define the geographic area of the City of |
49 | Jacksonville, and outside such boundary lines as hereinafter |
50 | provided. The Jacksonville Airport Authority shall operate, |
51 | manage, and control all of the publicly owned airports and |
52 | ancillary facilities located within Duval County and outside |
53 | such boundary lines as hereinafter provided. The authority was |
54 | separated from the former Jacksonville Port Authority pursuant |
55 | to 2001-319, Laws of Florida, as amended, and this separation |
56 | shall be reviewed for performance and efficiency after a period |
57 | of 4 years from October 1, 2001. |
58 | (2) The governing body for the Jacksonville Airport |
59 | Authority shall consist of seven members, three of whom shall be |
60 | appointed by the Mayor of the City of Jacksonville with the |
61 | confirmation of the council of the City of Jacksonville, and |
62 | four of whom shall be appointed by the Governor of Florida with |
63 | the confirmation of the Senate. Members shall serve for terms of |
64 | 4 years commencing on October 1 of the year of the appointment |
65 | or for the unexpired portion of a term deemed to have commenced |
66 | on October 1. Members of the authority, during their terms, |
67 | shall serve at the pleasure of the Mayor or Governor, whoever |
68 | appointed the member. Members shall continue to serve on the |
69 | authority until their death, resignation, removal, or until |
70 | their respective successors are appointed and confirmed. A |
71 | vacancy occurring during the term of an appointed member on the |
72 | authority shall be filled only for the balance of the unexpired |
73 | term. Any member appointed to the authority for two consecutive |
74 | full terms shall not be eligible for appointment to the |
75 | authority for the next succeeding term. Provided, however, |
76 | notwithstanding the above, members initially appointed to the |
77 | authority shall serve in staggered terms to provide continuity |
78 | of experience to the authority with two gubernatorial |
79 | appointments and two mayoral appointments being for initial 2- |
80 | year terms, which shall count as a full term for purposes of |
81 | term limits provided herein. |
82 | (3) The authority shall elect a chair, vice chair, |
83 | secretary, and treasurer from its members, and such other |
84 | officers it deems proper, not necessarily from its members, to |
85 | perform such duties as the authority may direct. Four members of |
86 | the authority shall constitute a quorum for the authority, but |
87 | at least four members of the authority must approve any action |
88 | to be taken by the authority. Resolutions adopted by the vote of |
89 | at least four members of the authority shall become effective |
90 | without further action by the authority. Each member of the |
91 | authority shall have one vote. The yeas and nays shall be called |
92 | and entered upon the minutes of each meeting upon the passage of |
93 | every resolution or other action of the authority. The authority |
94 | may meet at such times and places designated by it but shall |
95 | hold regular meetings as necessary and generally once a month. |
96 | Special meetings of the authority may be called upon the call of |
97 | its chair or any three members of the authority. The members of |
98 | the authority shall not be entitled to compensation, but members |
99 | and employees of the authority shall be entitled to payment of |
100 | reasonable expenses as provided by the council of the City of |
101 | Jacksonville. |
102 | (4) The authority shall employ and fix the compensation of |
103 | a managing director who shall manage the affairs of the |
104 | authority under the supervision and control of the authority. |
105 | Such managing director may be given any title suitable to the |
106 | authority. The authority may employ such engineers, certified |
107 | public accountants, consultants, and employees as it may |
108 | require, and fix and pay their compensation. The authority may |
109 | use any of the services available to governmental units through |
110 | the Administration and Finance Department of the City of |
111 | Jacksonville, but is not required by law to do so. However, the |
112 | authority shall be required to use the legal services of the |
113 | City of Jacksonville, except in those cases when the chief legal |
114 | officer of the city determines that the city legal staff cannot |
115 | provide legal services in the required legal area. Such use of |
116 | city services, including, but not limited to, legal services, |
117 | shall be on contractual basis and the authority is authorized to |
118 | pay the city reasonable and fair compensation for such services |
119 | so furnished by the city and used by the authority. The use by |
120 | the authority of any such services furnished by the city shall |
121 | not obligate the authority, except to the extent it contracts |
122 | with the city, or otherwise subject the authority to any rules, |
123 | regulations, or ordinances of said city not otherwise applicable |
124 | to the authority under this act and the charter of said city. |
125 | The authority may delegate to one or more of its agents or |
126 | employees such of its powers as it may deem necessary to carry |
127 | out the purposes of this act, subject always to the supervision |
128 | and control of the authority, and may do any and all things |
129 | necessary to accomplish the purposes of this act. |
130 | (5) The provisions of section 286.012, Florida Statutes, |
131 | requiring any member of the authority present at a meeting to |
132 | vote unless there is a possible conflict of interest, and the |
133 | provisions of sections 112.311-112.3175, Florida Statutes, and |
134 | as the same may be amended in the future, relating to financial |
135 | disclosure and conflicts of interest, shall apply to each member |
136 | of the authority. |
137 | Section 2. Definitions.--In the interpretation hereof, the |
138 | following words and terms shall be taken to include the |
139 | following meanings when the context shall require or permit: |
140 | (1) The term "bonds" means and embraces bonds, notes, |
141 | certificates, and other financial obligations issued by the |
142 | authority for financing or refinancing purposes and, except |
143 | where otherwise required by the context, notes and other |
144 | instruments executed to evidence obligations of the authority |
145 | for the repayment of borrowed funds. |
146 | (2) The term "county" means the County of Duval. |
147 | (3) The term "city" or "City of Jacksonville" means the |
148 | consolidated government of the City of Jacksonville created |
149 | pursuant to section 9, Article VIII of the State Constitution. |
150 | (4) The term "federal agency" means and includes the |
151 | United States, the President of the United States, and any |
152 | department, or corporation, agency, or instrumentality thereof, |
153 | heretofore or hereafter created, designated, or established by |
154 | the United States. |
155 | (5) Words importing the singular number shall include the |
156 | plural number in each case and vice versa, and words importing |
157 | persons shall include firms and corporations. |
158 | (6) The term "project" embraces any one or any combination |
159 | of two or more of the following, to wit: facilities for the |
160 | construction, manufacture, repair, or maintenance of airplanes, |
161 | helicopters, and aircraft of all kinds; other facilities, |
162 | directly or indirectly related to the promotion and development |
163 | of airborne and airport activities, commerce, travel, |
164 | exploration, and researching; and other airport facilities of |
165 | all kinds, including, but not limited to, landings, ramps, |
166 | runways, taxiways, warehouses, terminals, refrigeration, and |
167 | cold storage plants and facilities, tiedown and parking areas |
168 | and facilities, intermodal, railroad, air, and motor terminals |
169 | for passengers, freight, exploration, and research, rolling |
170 | stock, airplanes, helicopters, conveyors, and appliances of all |
171 | kinds for the handling, storage, inspection, and transportation |
172 | of freight and the handling of passenger traffic, mail, express, |
173 | and freight, administration and service buildings, toll |
174 | highways, tunnels, causeways, and bridges connected therewith or |
175 | incident or auxiliary thereto, and may include all property, |
176 | structures, facilities, rights, easements, and franchises |
177 | relating to any such project deemed necessary or convenient for |
178 | the acquisition, construction, purchase, or operation thereof. |
179 | The authority is authorized to use such of its real property as |
180 | it deems fit for facilities for recreational programs and |
181 | activities, provided, however, that such programs and activities |
182 | are approved by a simple majority vote of the Jacksonville City |
183 | Council. |
184 | (7) The term "cost," as applied to improvements, means the |
185 | cost of constructing or acquiring improvements as hereinabove |
186 | defined and shall embrace the cost of all labor and materials, |
187 | the cost of all machinery and equipment, financing charges, the |
188 | cost of engineering and legal expenses, plans, specifications, |
189 | and such other expenses as may be necessary or incident to such |
190 | construction or acquisition. |
191 | (8) The term "cost," as applied to a project acquired, |
192 | constructed, extended, or enlarged, includes the purchase price |
193 | of any project acquired, the cost of improvements, the cost of |
194 | such construction, extension, or enlargement, the cost of all |
195 | lands, properties, rights, easements, and franchises acquired, |
196 | the cost of all machinery and equipment, financing charges, |
197 | interest during construction, and, if deemed advisable, for up |
198 | to 1 year after completion of construction, cost of |
199 | investigations and audits, and of engineering and legal |
200 | services, and all other expenses necessary or incident to |
201 | determining the feasibility or practicability of such |
202 | acquisition or construction, administrative expense, and such |
203 | other expenses as may be necessary or incident to the financing |
204 | herein authorized and to the acquisition or construction of a |
205 | project and the placing of the same in operation. Any cost, |
206 | obligation or expense incurred by the authority prior to the |
207 | issuance of revenue bonds under the provisions of this act, |
208 | including, without limitation, costs for engineering studies and |
209 | for estimates of cost and of revenue and for other technical, |
210 | financial, or legal services in connection with the acquisition |
211 | or construction of any project, may be regarded as a part of the |
212 | cost of such project. |
213 | Section 3. Powers.--The authority shall have the below |
214 | specified powers (in addition to other powers otherwise |
215 | conferred by law) and shall also have all powers that relate to |
216 | airport issues vested in the former Jacksonville Port Authority: |
217 | (1) To adopt, use, and alter at will a corporate seal; to |
218 | sue and be sued, implead and be impleaded, complain, and defend |
219 | in all courts; to exercise the power of eminent domain to |
220 | acquire property for any authorized purposes, including the |
221 | taking of such property ancillary to said power in the manner |
222 | from time to time provided by the laws of the State of Florida; |
223 | to accept grants, gifts, and donations; and to enter into |
224 | contracts, leases, or other transactions with any legal entity |
225 | or person, including any federal agency, the state, any agency |
226 | of the state, the County of Duval, the City of Jacksonville, or |
227 | with any other public body of the state. |
228 | (2) To adopt rules and regulations with reference to all |
229 | projects and matters under the control of the authority. All |
230 | rules and regulations promulgated and all impositions and |
231 | exactions made by the authority hereof shall be just and |
232 | reasonable and consistent with public interest and their |
233 | application shall be subject to review by certiorari in any |
234 | court of proper and competent jurisdiction. All rules and |
235 | regulations shall be a matter of public record (except as |
236 | otherwise provided by applicable law) and copies thereof shall |
237 | be dispensed at cost to all applicants therefor. |
238 | (3) To construct, acquire, establish, improve, extend, |
239 | enlarge, reconstruct, re-equip, maintain, repair, and operate |
240 | any project as herein defined. |
241 | (4) Subject to the jurisdiction of the United States and |
242 | the State of Florida, to construct, establish, improve, maintain |
243 | and/or manage (directly or indirectly through management |
244 | agreements, consulting agreements or other similar arrangements) |
245 | airports and related facilities within or outside the county, |
246 | all upon such terms and conditions as may be determined by the |
247 | authority and not prohibited by the United States and the State |
248 | of Florida. |
249 | (5) To acquire for any project authorized by this act by |
250 | grant, purchase, gift, devise, condemnation by eminent domain |
251 | proceedings, exchange, or in any other manner, all property, |
252 | real or personal, or any estate or interest therein, upon such |
253 | terms and conditions as the authority shall by resolution fix |
254 | and determine. The right of eminent domain herein conferred |
255 | shall be exercised by the authority in the manner provided by |
256 | law. |
257 | (6) To issue revenue bonds, payable solely from revenues, |
258 | to pay all or a part of the cost of acquisition, construction, |
259 | extension, enlargement, improvement, or modernization of any |
260 | project, and to pledge the revenues to secure the payment of |
261 | bonds. |
262 | (7) To enter into arrangements with airlines, railroads, |
263 | any intermodal or common carrier, or any other commercial |
264 | enterprise related to the authority's basic mission, if the |
265 | authority shall deem it advantageous so to do. |
266 | (8) To make and enter into all contracts and agreements |
267 | and to do and perform all acts and deeds necessary and |
268 | incidental to the performance of the duties of the authority and |
269 | the exercise of its powers; to make and execute leases or |
270 | agreements for the use and occupation of the property and/or |
271 | projects under the control of the authority on such terms, |
272 | conditions, and period of time as it may determine; and to sell |
273 | and dispose of such property and/or projects as shall no longer |
274 | be needed for the uses and purposes of the authority on such |
275 | terms and conditions as shall be prescribed by resolution of the |
276 | authority; however, before disposing of any real property which |
277 | was acquired from either the city or county, other than by |
278 | purchase or by swap, the authority shall give written notice to |
279 | the governmental unit from which such real property was |
280 | acquired. If said governmental unit desires to accept a |
281 | reconveyance of said real property, it shall give the authority |
282 | written notice of such intention within 30 days from the date of |
283 | mailing of the authority's notice regarding the disposal of such |
284 | property, and the authority shall make the reconveyance of such |
285 | property to said governmental unit forthwith. If within such 30 |
286 | days said governmental unit does not notify the authority in |
287 | writing of a desire to accept a reconveyance of said property or |
288 | refuses to accept a reconveyance of same, the authority may sell |
289 | and dispose of same on such terms and conditions as shall be |
290 | prescribed by resolution of the authority. The authority shall |
291 | not sell real property for less than the appraised value. |
292 | (9) To the extent permitted by law to fix, regulate, and |
293 | collect rates and charges for the services and facilities |
294 | furnished by any project under the control of the authority; to |
295 | establish, limit, and control the use of any project as may be |
296 | deemed necessary to ensure the proper operation of the project; |
297 | and to impose sanctions to promote and enforce compliance with |
298 | any rule or regulation which the authority may adopt in the |
299 | regulation of the airports and related facilities under its |
300 | control. |
301 | (10) To fix the rates for airports and related facilities |
302 | and warehousing, storage, landing, port, and terminal charges |
303 | for the use of the facilities owned or operated by the |
304 | authority. |
305 | (11) To solicit air carriers, shipping lines, intermodal |
306 | or common carriers, and other businesses and to do all things |
307 | necessary or advisable to promote commerce and increase |
308 | passenger traffic and freight tonnage through the airports |
309 | operated by the authority; to publicize, advertise, and promote |
310 | the activities and projects authorized by this act and to |
311 | promote the objects of the authority in the manner set forth by |
312 | resolution of the authority; to make known to the users, |
313 | potential users, and public in general the advantages, |
314 | facilities, resources, products, attractions, and attributes of |
315 | the activities and projects authorized by this act; to further |
316 | create a favorable climate of opinion concerning the activities |
317 | and projects authorized and indicated by this act; to cooperate, |
318 | including the expenditure of funds to and with other agencies, |
319 | both public and private, in accomplishing the purposes |
320 | enumerated and indicated by this act; and, in furtherance |
321 | thereof, to authorize expenditures for any and all of the |
322 | purposes herein enumerated, including, but not limited to, |
323 | meals, hospitality, and entertainment of persons in the interest |
324 | of promoting and engendering good will toward the activities and |
325 | projects herein authorized, provided, however, that funds |
326 | obtained under chapters 159 and 315, Florida Statutes, may not |
327 | be used for such purposes. Whenever an expenditure of funds for |
328 | any of the foregoing purposes is made by a member or employee of |
329 | the authority, the authority may reimburse such member or |
330 | employee therefor, but only in the manner duly authorized by the |
331 | authority. |
332 | (12) To receive and accept from any federal or state |
333 | agency grants for or in aid of the construction, improvement, or |
334 | operation of any project and to receive and accept contributions |
335 | from any source of money, property, labor, or other things of |
336 | value. |
337 | (13) To make any and all applications required by the |
338 | Treasury Department and other departments or agencies of the |
339 | Federal Government as a condition precedent to the establishment |
340 | within or without the county of a free port, foreign trade zone, |
341 | or area for the reception from foreign countries of articles or |
342 | commerce; to expedite and encourage foreign commerce, and the |
343 | handling, processing, and delivery thereof into foreign commerce |
344 | free from the payment of custom duties; and, provided there is |
345 | an economic benefit to the authority and/or Duval County, to |
346 | enter into any agreements required by such departments or |
347 | agencies in connection therewith and to make like applications |
348 | and agreements with respect to the establishment within and |
349 | without said county of one or more bonded warehouses. |
350 | (14) To enter into any contract with a legal entity, |
351 | person, the State of Florida, the Federal Government, or any |
352 | agency of said governments, which may be necessary for |
353 | development of any project related to the authority's basic |
354 | mission. |
355 | (15) To make or cause to be made such surveys, |
356 | investigations, studies, borings, maps, plans, drawings, and |
357 | estimates of cost and revenues as the authority may deem |
358 | necessary and may prepare and adopt a comprehensive plan or |
359 | plans for the location, construction, improvement, and |
360 | development of any project. |
361 | (16) To grant exclusive or nonexclusive franchises to |
362 | persons, firms, or corporations for the operation of airport |
363 | property or facilities, including restaurants, cafeterias, bars, |
364 | cigar and cigarette stands, newsstands, buses, taxicabs, vending |
365 | machines, hotels, motels, service stations, real estate |
366 | developments, and other concessions in, on, and in connection |
367 | with any property and/or project owned and operated by the |
368 | authority. In granting such franchises, it shall be the duty of |
369 | the authority to investigate and consider the qualifications and |
370 | ability of the lessee or concessionaires to provide or perform |
371 | the contemplated services and the revenues which will be derived |
372 | therefrom by the authority and to exercise sound prudent |
373 | business judgment on behalf of the authority with respect |
374 | thereto, calling for bids when practicable and when the |
375 | interests of the authority will best be served by such action. |
376 | (17) To enter into contracts with utility companies or |
377 | others for the supplying by said utility companies or others of |
378 | water, electricity, or telephone service to or in connection |
379 | with any project. |
380 | (18) To pledge by resolution or contract the revenues |
381 | arising from the operation of any project or projects owned and |
382 | operated by the authority, or under its control, to the payment |
383 | of the cost of operation, maintenance, repair, improvement, |
384 | extension, or enlargement of the project or projects from the |
385 | operation of which such revenues are received and for the |
386 | payment of principal and interest on bonds issued in connection |
387 | with any such project or projects and to combine for financing |
388 | purposes any two or more projects constructed or acquired by the |
389 | authority under the provisions of this act. In any such case the |
390 | authority may adopt separate budgets for the operation of such |
391 | project or projects. In every such case such revenues shall be |
392 | expended exclusively for the payment of the costs of operation, |
393 | maintenance, repair, improvement, extension, and enlargement of |
394 | the project or projects from the operation of which such |
395 | revenues arise, for the performance of the authority's contracts |
396 | in connection with such project or projects, and for the payment |
397 | of principal of premium, if any, and interest requirements of |
398 | any bonds issued in connection with the project or projects. Any |
399 | surplus of such funds remaining on hand at the end of any year |
400 | shall be carried forward and may be expended in the succeeding |
401 | year for the payment of the costs of operation of such project |
402 | or projects or for the repair, improvement, or extension thereof |
403 | as the authority may determine, unless such surplus has been |
404 | pledged for the payment of principal of premium, if any, and |
405 | interest on bonds, in which event any such surplus shall be |
406 | applied in accordance with the resolution pledging the same. |
407 | (19) To do all other acts and things necessary or proper |
408 | in the exercise of the powers herein granted. |
409 | (20) To do all acts or things necessary or proper to be |
410 | and serve as a local governmental body within the meaning of |
411 | section 10(c)(2), Article VII of the State Constitution, with |
412 | respect to any project as defined therein. |
413 | (21) To appoint officers for the administration of |
414 | criminal justice, or as set forth by general law. |
415 | Section 4. Issuance of bonds.-- |
416 | (1) The authority is authorized to issue general |
417 | obligation bonds or revenue bonds of the authority for the |
418 | purpose of paying all or a part of the cost of any one or more |
419 | projects as herein defined, including the cost of enlargement, |
420 | expansion, or development of such project whether the property |
421 | used therefor has previously been acquired or not, and the cost |
422 | of removing therefrom or relocating or reconstructing at another |
423 | location any buildings, structures, or facilities, and for the |
424 | purpose of paying off and retiring any bonds issued or assumed |
425 | under the provisions of this act. |
426 | (2) The bonds of each issue shall be authorized by |
427 | resolution of the authority and shall be dated, shall mature at |
428 | such time or times not exceeding 40 years from their date or |
429 | dates, as may be determined by the authority, and may be made |
430 | redeemable before maturity, at the option of the authority, at |
431 | such price or prices and under such terms and conditions as may |
432 | be fixed by the authority prior to the issuance of the bonds. |
433 | The authority shall determine the form of bonds, including any |
434 | interest coupons to be attached thereto, and the manner of |
435 | execution of the bonds and shall fix the denomination or |
436 | denominations of the bonds and the place or places of payment of |
437 | principal and interest, which may be at any bank or trust |
438 | company within or without the state. The resolution authorizing |
439 | the issuance of the bonds shall contain such provisions relating |
440 | to the use of the proceeds from the sale of the bonds and for |
441 | the protection and security of holders of the bonds, including |
442 | their rights and remedies, and the rights, powers, privileges, |
443 | duties, and obligations of the authority with respect to the |
444 | same, as shall be determined by the authority. In case any |
445 | officer whose signature or facsimile of whose signature shall |
446 | appear on any bonds or coupons shall cease to be such officer |
447 | before the delivery of such bonds, such signature or such |
448 | facsimile shall nevertheless be valid and sufficient for all |
449 | purposes to the same extent as if such officer had remained in |
450 | office until such delivery. The bonds may be issued in coupon, |
451 | registered, or book entry form, as the authority may determine, |
452 | and provisions may be made for the registration of any coupon |
453 | bonds as to principal alone and also as to both principal and |
454 | interest and for the reconversion into coupon bonds of any bonds |
455 | registered as to both principal and interest. |
456 | (3) Prior to any public sale of bonds, the authority may, |
457 | in addition to any other publication and notice to the financial |
458 | community, cause notice to be given by publication in a daily |
459 | newspaper published and having a general circulation in the city |
460 | that the authority will receive bids for the purchase of the |
461 | bonds at the office of the authority in the city. Said notice |
462 | may be published once not less than 15 days prior to the date |
463 | set for receiving the bids. Said notice may specify the amount |
464 | of the bonds offered for sale, state that the bids shall be |
465 | sealed bids, and give the schedule of the maturities of the |
466 | proposed bonds and such other pertinent information as may be |
467 | prescribed in the resolution authorizing the issuance of such |
468 | bonds or any resolution subsequent thereto. Bidders may be |
469 | invited to name the rate or rates of interest which the bonds |
470 | are to bear or the authority may name rates of interest and |
471 | invite bids thereon. In addition to publication of notice of the |
472 | proposed sale, a copy of such advertisement may be given to the |
473 | Florida Division of Bond Finance and to at least three |
474 | recognized bond dealers in the state in the time established by |
475 | applicable law. |
476 | (4) Except as otherwise provided in this subsection, bonds |
477 | and refunding bonds issued pursuant to this act may be sold at |
478 | public sale and shall be awarded to the bidder whose bid |
479 | produces the lowest true interest cost to the authority. The |
480 | authority shall reserve the right to reject any or all bids. |
481 | Notwithstanding the foregoing, bonds and refunding bonds issued |
482 | pursuant to this act may be sold at private sale at such price |
483 | or prices as the authority shall determine to be in its best |
484 | interest. However, any price less than 100 percent of par value |
485 | shall be subject to section 215.84, Florida Statutes, as it may |
486 | be amended from time to time. In no event shall said bonds be |
487 | sold at a net interest cost to the authority in excess of the |
488 | legal limit, as established by section 215.84, Florida Statutes, |
489 | or according to said section as it may be amended from time to |
490 | time. The net interest cost of bonds shall be determined by |
491 | taking the aggregate amount of interest at the rate or rates |
492 | specified in the bonds, computed from the date of the bonds to |
493 | the date of the various stated maturities thereof, and deducting |
494 | therefrom the amount of any premium offered in excess of the par |
495 | value of the bonds or adding thereto the amount of any discount |
496 | offered below the par value of the bonds with interest computed |
497 | on a 360-day basis. Pending the preparation of definitive bonds, |
498 | interim bonds may be issued to the purchaser or purchasers of |
499 | such bonds and may contain such terms and conditions as the |
500 | authority may determine. |
501 | (5) The authority shall require all bidders for said bonds |
502 | to enclose a certified or bank cashier's check, in the amount of |
503 | 2 percent of the total par value of the bonds offered for sale, |
504 | drawn on an incorporated bank or trust company payable |
505 | unconditionally to the order of the authority, as a guarantee of |
506 | good faith in the performance of each bid. The checks of the |
507 | unsuccessful bidders shall be returned immediately upon the |
508 | award of the bonds and the check of the successful bidder shall |
509 | be retained by the authority and credited against the full |
510 | purchase price of the bonds at the time of delivery or retained |
511 | as and for liquidated damages in case of the failure of such |
512 | bidder to fulfill the terms of his or her bid. |
513 | (6) No general obligation bonds shall be issued by the |
514 | authority hereunder unless the issuance of such bonds shall have |
515 | been approved by a majority of the votes cast by qualified |
516 | voters in an election held for such purpose. Whenever the |
517 | authority, by resolution, requests the council of the City of |
518 | Jacksonville to hold such an election, said council shall, on |
519 | behalf of the authority, hold, conduct, canvass, and announce |
520 | the results of such election in accordance with the procedure |
521 | prescribed by law for the issuance of county bonds. The expenses |
522 | of such election shall be paid by the authority. In no event |
523 | shall such general obligation bonds be construed or considered |
524 | to be bonds of the City of Jacksonville or any other |
525 | municipality but shall be solely bonds of the authority that |
526 | issues the bonds. |
527 | (7) The authority is authorized to borrow money and to |
528 | issue notes for any purpose or purposes for which bonds may be |
529 | issued under the provisions of this act and to refund the same |
530 | and to issue notes in anticipation of the receipt of the |
531 | proceeds of the sale of any such bonds. |
532 | (8) Subject to the restrictions contained in subsections |
533 | (2), (3), and (4) of this section, the authority shall have the |
534 | power to provide for the issuance of refunding bonds of the |
535 | authority for the purpose of refunding any revenue bonds or |
536 | general obligation bonds, or any combination of general |
537 | obligation or revenue bonds then outstanding which have been |
538 | assumed by the authority or issued for the purpose of financing |
539 | the cost of making enlargements, extensions, and improvements to |
540 | any project acquired, constructed, or operated under the |
541 | provisions of this act. The authority is further authorized to |
542 | provide for the issuance of revenue bonds or general obligation |
543 | bonds, or any combination thereof, of the authority for the |
544 | combined purpose of: |
545 | (a) Paying the cost of enlargement, extension, |
546 | reconstruction, or improvement of any project or combination of |
547 | projects. |
548 | (b) Refunding revenue bonds or general obligation bonds, |
549 | or any combination thereof, which have been assumed by the |
550 | authority under the provisions of this act (or its predecessor |
551 | act) which shall then be outstanding and which shall then have |
552 | matured or be subject to redemption or can be acquired for |
553 | retirement. The issuance of such bonds, the maturities or other |
554 | details thereof, the rights or remedies of the holders thereof, |
555 | and the rights, powers, privileges, duties, and obligations of |
556 | the authority with respect to the same shall be set forth in the |
557 | resolution of the authority authorizing the issuance of such |
558 | bonds. |
559 | Section 5. Budget and finance.--The fiscal year of the |
560 | authority shall commence on October 1 of each year and end on |
561 | the following September 30. The authority shall prepare and |
562 | submit its budget to the council of the City of Jacksonville on |
563 | or before July 1 for the ensuing fiscal year. The council, |
564 | consistent with the provisions of the Charter of the City of |
565 | Jacksonville, may increase or decrease the appropriation |
566 | (budget) requested by the authority on a total basis or a line- |
567 | by-line basis; however, the appropriation for construction, |
568 | reconstruction, enlargement, expansion, improvement, or |
569 | development of any project or projects authorized to be |
570 | undertaken by the former Jacksonville Port Authority and the |
571 | authority shall not be reduced below the amount required under |
572 | the terms and provisions of any outstanding bonds. |
573 | Section 6. Rights of bondholders.--All bonds issued by the |
574 | City of Jacksonville or the former Jacksonville Port Authority |
575 | related to properties transferred to the authority and bonds |
576 | issued under authority of chapter 63-1447, Laws of Florida, |
577 | remain the liability, responsibility, and obligation of the |
578 | issuer and the rights of the holders of existing outstanding |
579 | bonds shall be unimpaired. Rights, duties, and obligations of |
580 | the authority with respect to the property, and any bonds |
581 | related thereto, transferred to it by the City of Jacksonville |
582 | or the former Jacksonville Port Authority are ratified and |
583 | remain unchanged. |
584 | Section 7. Rights of employees.-- |
585 | (1) Except as provided in subsection (2), all employment |
586 | rights and employee benefits authorized under section 11, |
587 | chapter 63-1447, Laws of Florida, as amended, are hereby |
588 | confirmed, ratified, and continued, notwithstanding the repeal |
589 | of said chapter 63-1447, Laws of Florida, as amended. Effective |
590 | October 1, 2001, in order to preserve the rights of employees of |
591 | the former Jacksonville Port Authority to continue participation |
592 | in the Florida Retirement System pursuant to chapter 121, |
593 | Florida Statutes, the authority created by this act (and its |
594 | predecessor act) shall be a county agency and employees of the |
595 | authority shall participate in the Florida Retirement System, |
596 | notwithstanding any law to the contrary. Effective October 1, |
597 | 2001, those employees of the former Jacksonville Port Authority |
598 | who were assigned to any activity related to the operation of |
599 | the airport facilities shall become employees of the |
600 | Jacksonville Airport Authority created by this act (and its |
601 | predecessor act). Effective October 1, 2001, central |
602 | administrative employees shall be employed by either the |
603 | Jacksonville Airport Authority or the Jacksonville Port |
604 | Authority, formerly known as the Jacksonville Seaport Authority, |
605 | created by this act (and its predecessor act) or as otherwise |
606 | agreed by both. It is expressly provided that none of those |
607 | employees of the former Jacksonville Port Authority who remain |
608 | with the authority created by this act (and its predecessor act) |
609 | shall lose any rights or benefits of whatsoever kind or nature |
610 | afforded to them by any law, ordinance, collective bargaining |
611 | agreement, or existing policy or plan, including, but not |
612 | limited to, pension benefits by virtue of the change in |
613 | corporate structure. In order to effectively implement the |
614 | foregoing, the authority shall perform all functions with regard |
615 | to its own employees that prior to the operation of the two |
616 | authorities created by this act (and its predecessor act) were |
617 | performed by the former Jacksonville Port Authority. In order to |
618 | specifically preserve the rights of employees of the former |
619 | Jacksonville Port Authority to continue participation in the |
620 | Florida Retirement System, pursuant to chapter 121, Florida |
621 | Statutes, the authority created by this act (and its predecessor |
622 | act) shall be a county authority and employees of this authority |
623 | who are currently participating in the Florida Retirement System |
624 | and all employees of the authority after October 1, 2001, shall |
625 | be eligible to participate in the Florida Retirement System. |
626 | (2) Effective October 1, 2001, the Jacksonville Airport |
627 | Authority firefighters shall be merged into the City of |
628 | Jacksonville's Fire and Rescue Department and shall become |
629 | employees of the City of Jacksonville; however, with respect to |
630 | pension benefits such Jacksonville Airport Authority Fire |
631 | Department employees shall have a one-time option to continue |
632 | participation in the Florida Retirement System or to participate |
633 | in the City of Jacksonville Police and Fire Pension Fund. Such |
634 | option must be exercised no later than November 1, 2001. Upon |
635 | such merger, firefighting services for the airports owned and |
636 | operated by the Jacksonville Airport Authority shall be provided |
637 | by the Fire and Rescue Department of the City of Jacksonville |
638 | pursuant to a written contract to be entered into by and between |
639 | the City of Jacksonville and the Jacksonville Airport Authority. |
640 | Notwithstanding any provision in this act to the contrary, such |
641 | merger and contract shall become effective October 1, 2001. If |
642 | any firefighter who has vested in the Florida Retirement System |
643 | exercises the option to become a member of the City of |
644 | Jacksonville Police and Fire Pension Fund, such vested time |
645 | shall not be included in the City of Jacksonville Police and |
646 | Fire Pension Fund. |
647 | Section 8. Cooperation with other units, boards, agencies, |
648 | legal entities, and persons.--Express authority and power is |
649 | hereby given and granted any county, municipality, drainage |
650 | district, road and bridge district, school district, or any |
651 | other political subdivision, board, commission, or individual |
652 | in, or of, the state to make and enter into with the authority, |
653 | contracts, leases, conveyances, or other agreements within the |
654 | provisions and purposes of this act. The authority is hereby |
655 | expressly authorized to make and enter into contracts, leases, |
656 | conveyances, and other agreements with any political |
657 | subdivision, agency, or instrumentality of the state and any and |
658 | all federal agencies, legal entities and persons for the purpose |
659 | of carrying out the provisions of this act. |
660 | Section 9. Audits; bonds.--The authority shall issue |
661 | quarterly and annually financial reports of its operations and |
662 | shall also cause annual audits to be made of its operations and |
663 | affairs by an independent certified public accountant, in such |
664 | detail as may be necessary to show the financial operation and |
665 | status of the authority, and the same shall be preserved as |
666 | public records of the authority. The authority's records may be |
667 | audited at any time by the Council Auditor of the City of |
668 | Jacksonville. Members of the authority shall be required to give |
669 | a good and sufficient surety bond in the sum of $50,000, payable |
670 | to the City of Jacksonville, conditioned upon the faithful |
671 | performance of their duties as members of the authority. Such |
672 | bonds shall be approved by and filed with the clerk of the |
673 | circuit court of Duval County, and the premium or premiums |
674 | thereon shall be paid by the authority as a necessary expense of |
675 | the authority. The authority shall have power to require its |
676 | managing director and such others of its employees as they may |
677 | deem necessary to furnish good and sufficient surety bond in |
678 | such sum as the authority shall require, conditioned upon the |
679 | faithful performance of duties, and to pay the premium or |
680 | premiums thereon as a necessary expense of the authority. |
681 | Section 10. Award of contracts.-- |
682 | (1) If the total cost, value, or amount of construction, |
683 | reconstruction, repairs, or work of any nature, including the |
684 | labor and materials, exceeds $50,000 when purchased by the |
685 | authority, any such construction, reconstruction, repairs, or |
686 | work exceeding the foregoing amount established for the |
687 | authority shall be done only under contract or contracts to be |
688 | entered into by the authority with the lowest responsible bidder |
689 | upon proper terms and after due public notice has been given |
690 | asking for competitive bids as hereinafter provided. The |
691 | foregoing requirement for competitive bidding shall not apply to |
692 | construction, reconstruction, repairs, or work done by employees |
693 | of the authority or by labor supplied under agreement with the |
694 | Federal Government or state government. The authority shall keep |
695 | a current list of responsible bidders and, whenever the |
696 | authority shall award a contract, the bidder shall come from |
697 | such list. No contract shall be entered into for construction, |
698 | improvement, or repair of any project, or any part thereof, |
699 | unless the contractor shall have given an undertaking with a |
700 | sufficient surety or sureties, approved by the authority and in |
701 | an amount fixed by the authority, for the faithful performance |
702 | of the contract. All such contracts shall provide, among other |
703 | things, that the person or corporation entering into such |
704 | contract with the authority will pay for all materials furnished |
705 | and services rendered for the performance of the contract and |
706 | that any person or corporation furnishing such materials or |
707 | rendering such services may maintain an action to recover for |
708 | the same against the obligor in the undertaking, as though such |
709 | person or corporation were named therein, provided the action is |
710 | brought within 1 year after the time the cause of action |
711 | accrued. Nothing in this section shall be construed to limit the |
712 | power of the authority to construct any project, or any part |
713 | thereof, or any addition, betterment, or extension thereto, |
714 | directly by the officers, agents, and employees of the |
715 | authority, or otherwise, other than by contract. |
716 | (2) All supplies, equipment, machinery, and materials |
717 | exceeding $25,000 in cost purchased by the authority shall be |
718 | purchased by the authority only after due advertisement as |
719 | provided hereinafter. When purchasing supplies, equipment, |
720 | machinery, and materials pursuant to competitive bid as mandated |
721 | herein, the authority shall accept the lowest bid or bids, kind, |
722 | quality, and material being equal, but the authority shall have |
723 | the right to reject any or all bids or select a single item from |
724 | any bid. The provision as to bidding shall not apply to the |
725 | purchase of patented and manufactured products offered for sale |
726 | in a noncompetitive market or solely by a manufacturer's |
727 | authorized dealer. |
728 | (3) The term "advertisement" or "due public notice" |
729 | wherever used in this section means a notice published at least |
730 | once a week for 2 consecutive weeks before the award of any |
731 | contract, in a daily newspaper published and having a general |
732 | circulation in the county, and in such other newspapers or |
733 | publications as the authority shall deem advisable. |
734 | (4) Subject to the aforesaid provisions, the authority |
735 | may, but without intending by this provision to limit any powers |
736 | of the authority, enter into and carry out such contract or |
737 | establish or comply with such rules and regulations concerning |
738 | labor and materials and other related matters in connection with |
739 | any project, or portion thereof, as the authority may deem |
740 | desirable or as may be requested by the Federal Government or |
741 | state government assisting in the financing of its projects, and |
742 | facilities related thereto or any part thereof, provided the |
743 | provisions of this subsection shall not apply to any case in |
744 | which the authority has taken over by transfer or assignment any |
745 | contract assigned to it or assumed by it in connection with the |
746 | transfer of city and county properties authorized under the |
747 | provisions of sections 11 and 12, or to any contract in |
748 | connection with projects which the authority may have had |
749 | transferred to it by any persons or private corporations, and |
750 | further provided the provisions of this section shall not apply |
751 | to any contract or agreement between the authority and any |
752 | engineers, architects, attorneys, or other professional services |
753 | or to any contract or agreement relating to fiscal advisors, |
754 | fiscal agents, or investment bankers, relating to the financing |
755 | of projects herein authorized. |
756 | Section 11. Execution of instruments; examination of |
757 | claims.--All instruments in writing necessary to be signed by |
758 | the authority shall be executed by its chair and secretary. The |
759 | authority may, by resolution, designate one or more officers, |
760 | members, employees, or agents of the authority to execute |
761 | instruments in writing where it is necessary that such |
762 | instruments be signed by the authority. No expenditure of funds |
763 | of the authority shall be made except by voucher approved by the |
764 | authority and signed by its chair and secretary, or by one or |
765 | more officers, members, or employees of the authority as the |
766 | authority may designate by resolution. The foregoing authority |
767 | of the chair may be exercised by the vice chair in the absence |
768 | of the chair and the foregoing authority of the secretary may be |
769 | exercised by an assistant secretary designated by the authority |
770 | in the absence of the secretary. The authority shall provide for |
771 | the examination of all payrolls, bills, and other claims and |
772 | demands against the authority to determine before the same are |
773 | paid that they are duly authorized, in proper form, correctly |
774 | computed, legally due and payable, and that the authority has |
775 | funds on hand to make payment. |
776 | Section 12. Transfer of assets and liabilities.--The |
777 | former Jacksonville Port Authority shall take all actions |
778 | necessary to convey, assign, transfer, and set over: |
779 | (1) All of the rights, title, and interests of the former |
780 | Jacksonville Port Authority in and to its airport facilities, |
781 | including, without limitation, its real and personal property |
782 | and any interests therein, books, records, contracts, leases, |
783 | and all other property of any kind or nature related to the |
784 | operation of the airport, by operation of this act (and its |
785 | predecessor act), and without further act, to the authority. |
786 | (2) All contracts and leases relating to the former |
787 | Jacksonville Port Authority's airport operations, shall, by |
788 | operation of this act (and its predecessor act), and without |
789 | further act, become contracts and leases of the authority. |
790 | (3) All accounts receivable, accounts payable, and cash on |
791 | hand relating to the former Jacksonville Port Authority's |
792 | airport operations shall, by operation of this act (and its |
793 | predecessor act), and without further act, be transferred or |
794 | delivered to the authority. |
795 | (4) All operating expenses, including taxes of all kinds |
796 | and all revenue and expense accruals of the former Jacksonville |
797 | Port Authority's airport operations shall be transferred to the |
798 | authority, on the effective date at transfer. |
799 | (5) The conveyances specified in this section shall be |
800 | effective as of October 1, 2001. |
801 | Section 13. Chapter 315, Florida Statutes, relating to |
802 | port facilities financing, also applicable.--The provisions of |
803 | chapter 315, Florida Statutes, relating to port facilities |
804 | financing, shall also be applicable to the authority. |
805 | Section 14. Declaration of purposes.--The authority |
806 | created by this act and the purposes which it is intended to |
807 | serve is hereby found to be for a county and public purpose. The |
808 | authority is a political subdivision of the State of Florida, a |
809 | local governmental body within the meaning of section 10(c)(2), |
810 | Article VII of the State Constitution. Nothing in this act is |
811 | intended to create an entity which is exempt from ad valorem |
812 | taxation except as otherwise set forth by applicable law. |
813 | Section 2. The powers of the authority created by this act |
814 | shall be construed liberally in favor of the authority. No |
815 | listing of powers included in this act is intended to be |
816 | exclusive or restrictive and the specific mention of, or failure |
817 | to mention, particular powers in this act shall not be construed |
818 | as limiting in any way the general powers of the authority as |
819 | stated in section 3. It is the intent of this act to grant the |
820 | authority full power and right to exercise all authority |
821 | necessary for the effective operation and conduct of the |
822 | authority. It is further intended that the authority should have |
823 | all implied powers necessary or incidental to carrying out the |
824 | expressed powers and the expressed purposes for which the |
825 | authority is created. The fact that this act specifically states |
826 | that the authority possesses a certain power does not mean that |
827 | the authority must exercise such power unless this act |
828 | specifically so requires. |
829 | Section 3. The provisions of this act are severable and it |
830 | is the intention to confer the whole or any part of the powers |
831 | provided for herein and if any of the provisions of this act |
832 | shall be held unconstitutional by any court of competent |
833 | jurisdiction, the decision of such court shall not affect or |
834 | impair any of the remaining provisions. |
835 | Section 4. Effective on the effective date of this act, |
836 | chapters 2001-319, 2002-349, and 2003-341, Laws of Florida, are |
837 | hereby repealed. |
838 | Section 5. This act shall take effect upon becoming a law. |
839 |
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