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39 | hereby repealed and the following is created for the |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