1 | A bill to be entitled |
2 | An act relating to the Panama City-Bay County Airport and |
3 | Industrial District, an independent special district in |
4 | Bay County; codifying, amending, reenacting, and repealing |
5 | chapter 98-527, Laws of Florida, relating to the district; |
6 | providing definitions; providing boundaries of the |
7 | district; providing restrictions with respect to certain |
8 | real estate; providing for a board of directors and its |
9 | membership, quorum, travel expenses, and per diem; |
10 | providing purposes of the district; providing powers of |
11 | the board; providing for the issuance of bonds; exempting |
12 | district property from taxation; providing severability; |
13 | repealing chapter 98-527, Laws of Florida; providing an |
14 | effective date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Pursuant to section 189.429, Florida Statutes, |
19 | this act constitutes the codification of chapter 98-527, Laws of |
20 | Florida, relating to the Panama City-Bay County Airport and |
21 | Industrial District. It is the intent of the Legislature in |
22 | enacting this law to provide a single, comprehensive special act |
23 | charter for the district, including all current legislative |
24 | authority granted to the district, any additional authority |
25 | granted by this act, and any authority granted by applicable |
26 | general law. |
27 | Section 2. Chapter 98-527, Laws of Florida, is codified, |
28 | reenacted, amended, and repealed as provided in this act. |
29 | Section 3. The Panama City-Bay County Airport and |
30 | Industrial District is re-created and the charter for such |
31 | district is re-created and reenacted to read: |
32 | Section 1. Airport district established.--There is created |
33 | and established as a political subdivision of the state an |
34 | airport district in Bay County to be known as the "Panama City- |
35 | Bay County Airport and Industrial District," an independent |
36 | special district. The boundaries of the district shall be |
37 | coterminous with the legal boundaries of Bay County. The |
38 | district shall not lease, own, or acquire any real estate except |
39 | in Bay County without the permission of the county or city |
40 | within whose jurisdiction such property is located. |
41 | Section 2. Definitions.--As used in this act, the |
42 | following words and terms shall have the following meanings: |
43 | (1) "Airport district" or "district" means the Panama |
44 | City-Bay County Airport and Industrial District herein created. |
45 | (2) "City" means the City of Panama City. |
46 | (3) "County" means the County of Bay. |
47 | (4) "County Commissioners" means the Board of County |
48 | Commissioners, the governing body of the County of Bay. |
49 | (5) "Aviation facility" means all land, improved or |
50 | unimproved, hangars, buildings, passenger terminals, shops, |
51 | restaurants, hotels, office buildings, and any and all other |
52 | facilities, including property rights, easements, and |
53 | franchises, the district deems necessary and convenient. |
54 | (6) "Airport project" or "project" means any one or any |
55 | combination of two or more of the following when undertaken by |
56 | or owned, controlled, or operated by the airport district: |
57 | airports, airport facilities, landing fields, hangars, shops, |
58 | terminals, buildings, oil tanks, pipelines, industrial parks, |
59 | warehouses, and terminal railway facilities, including rolling |
60 | stock, belt line railroad, bridges, causeways, tunnels, |
61 | facilities for the loading, unloading, and handling of |
62 | passengers, mail express, freight and other cargo, hotels, |
63 | office buildings, industrial facilities, and any and all other |
64 | facilities, including all property rights, easements, and |
65 | franchises relating to any such project or projects which, by |
66 | resolution, the district may deem necessary and convenient. |
67 | (7) "Improvements" means such replacements, repairs, |
68 | extensions, additions, enlargements, and betterments of and to a |
69 | project as are deemed necessary to place such project in proper |
70 | condition for the safe, efficient, and economic operation |
71 | thereof, when such project shall be undertaken by or owned, |
72 | controlled, or operated by the airport district. |
73 | (8) "Cost," as applied to improvements, means the cost of |
74 | acquiring or constructing improvements as hereinabove defined |
75 | and includes the cost of labor and materials, machinery and |
76 | equipment, engineering and legal expense, plans specifications, |
77 | financing charges, and such other expenses as may be necessary |
78 | or incident to such acquisition or construction. |
79 | (9) "Cost," as applied to a project acquired, constructed, |
80 | extended, or enlarged, includes the purchase price of any |
81 | project acquired and the cost of such construction, extension, |
82 | or enlargement; improvements; all lands, properties, rights, |
83 | easements, and franchises acquired; all machinery and equipment; |
84 | engineering and legal services; investigations and audits; |
85 | financing charges; and all other expenses necessary or incident |
86 | to determining the practicability or feasibility of such |
87 | acquisition or construction, administrative expense, and such |
88 | other expenses as may be necessary or incident to the financing |
89 | herein authorized and to the construction or acquisition of a |
90 | project and the placing of the same in operation. Any obligation |
91 | or expense incurred by the airport district prior to the |
92 | issuance of bonds or revenue bonds under the provisions of this |
93 | act for engineering studies and for estimates of cost and of |
94 | revenues and for other technical, financial, or legal services |
95 | in connection with the acquisition or construction of any |
96 | project may be regarded as part of the cost of such project. |
97 | (10) "Bonds" means revenue bonds, refunding bonds, or |
98 | other evidence of indebtedness or obligations in either |
99 | temporary or definitive form which the district is authorized to |
100 | issue pursuant to this act. |
101 | (11) "Revenue bonds" means revenue certificates or other |
102 | obligations and the interest thereon which are payable from |
103 | revenues derived from the operation of the facilities of the |
104 | airport district or from other sources than ad valorem taxes. |
105 | (12) "Facility" or "facilities" means and includes all |
106 | projects and improvements of the airport district. |
107 | Section 3. Governing board.--The Board of Directors, a |
108 | body corporate and politic, shall be the governing board of the |
109 | Panama City-Bay County Airport and Industrial District. |
110 | (1) The board shall consist of five persons who are |
111 | citizens and residents of Bay County. Two of said five members |
112 | shall be appointed by the City Commission of the City of Panama |
113 | City, and these seats shall be denominated seats 1 and 2. Two of |
114 | said five members shall be appointed by the Board of County |
115 | Commissioners of Bay County, and these seats shall be |
116 | denominated seats 3 and 4. Said four members so appointed shall |
117 | select the fifth member, whose seat shall be denominated seat 5. |
118 | Except as provided herein, upon the expiration of the several |
119 | terms of the members as herein provided, the Board of County |
120 | Commissioners of Bay County and the City Commission of the City |
121 | of Panama City shall appoint successors for the members whose |
122 | terms are expiring, each to hold office for a term of 4 years. |
123 | Initially, seat 1 shall be appointed by the City Commission for |
124 | the City of Panama City for a term beginning on July 1, 2005, |
125 | and seat 3 shall be appointed by the Board of County |
126 | Commissioners for Bay County for a term beginning on July 1, |
127 | 2005. By July 31, 2005, the board shall hold a drawing to |
128 | determine the initial terms for seats 1 and 3, one of which |
129 | shall be a 2-year term and one a 3-year term. Seat 2 shall be |
130 | appointed by the City Commission for the City of Panama City for |
131 | a term beginning on July 1, 2006, and seat 4 shall be appointed |
132 | by the Board of County Commissioners for Bay County for a term |
133 | beginning on July 1, 2006. Seat 5 shall be appointed by the |
134 | other board members for an initial term beginning on July 1, |
135 | 2005. The terms of board members shall begin on July 1 and |
136 | expire on June 30. Board members shall be limited to serving two |
137 | terms on the board. |
138 | (2) Three members of the board shall constitute a quorum. |
139 | The vote of three members shall be necessary for any action |
140 | taken by the board involving the incurring of any indebtedness |
141 | or expenditures of district funds or moneys. |
142 | (3) The members of the board shall not receive |
143 | compensation for their services, but shall be reimbursed for |
144 | travel and per diem as public officials pursuant to chapter 112, |
145 | Florida Statutes; however, members of the board must submit a |
146 | signed statement requesting the allowable expenses within 6 |
147 | months after the date of incurring such expenses. |
148 | Section 4. Purposes of airport district.--The airport |
149 | district is created for the purpose of acquiring, constructing, |
150 | improving, financing, operating, and maintaining airport |
151 | projects and any other development of land owned or leased by |
152 | the district and necessary to the economic welfare of the |
153 | inhabitants of the district and which will promote the economic, |
154 | commercial, and industrial development of the district. The |
155 | exercise by the district of the powers conferred by this act |
156 | shall be deemed to be and shall constitute a public purpose. |
157 | Section 5. Powers of the Board of Directors.--The Board of |
158 | Directors shall have all of the power necessary and proper to |
159 | carry out the purposes and intent of this act, including the |
160 | power to sue and be sued, under the name of the "Panama City-Bay |
161 | County Airport and Industrial District"; to contract and be |
162 | contracted with; to adopt and use a common seal and to alter |
163 | same; to acquire, purchase, hold, lease, mortgage, and convey |
164 | such real and personal property as the board may deem proper or |
165 | expedient to carry out the purposes of this act; to employ such |
166 | persons and agents as the board may deem advisable and to fix |
167 | the compensation thereof and to remove any appointees or |
168 | employees, agents, or servants; to insure the improvements, |
169 | fixtures, and equipment against loss by fire, windstorm, or |
170 | other coverage in such amounts as may be determined reasonable |
171 | and proper; and to borrow and issue evidence of indebtedness of |
172 | the district to carry out the provisions of this act in the |
173 | manner herein provided. The board shall also have the right and |
174 | power: |
175 | (1) To acquire, by purchase, condemnation through power of |
176 | eminent domain, gift, grant, franchise, or lease, property, |
177 | either real or personal; however, the power of eminent domain |
178 | shall be exercised only for the purpose of providing for |
179 | aviation facilities. |
180 | (2) To grant easements of right-of-way over or through any |
181 | lands owned by the airport district. |
182 | (3) To construct, acquire, establish, extend, enlarge, |
183 | improve, reconstruct, maintain, equip, repair, and operate any |
184 | project as hereinabove defined. |
185 | (4) To borrow money, incur indebtedness, and issue such |
186 | bonds for and on behalf of the airport district as the board may |
187 | from time to time determine; but in no case shall the |
188 | indebtedness of the district for bonds issued be considered a |
189 | debt of the city or the county. |
190 | (5) To apply to the proper authorities of the United |
191 | States for the right to establish, operate, and maintain foreign |
192 | and domestic trade zones within the limits of the airport |
193 | district and to establish, operate, and maintain such foreign |
194 | and domestic trade zones. |
195 | (6) To fix and revise from time to time and to collect |
196 | rates, fees, rentals, and other charges for the use of or for |
197 | the services of any facility insofar as it may be permissible |
198 | for the board to do so under the State Constitution and the |
199 | Constitution and laws of the United States. |
200 | (7) To make rules and regulations for its own government |
201 | and to hold regular meetings at least once a month, said |
202 | meetings to be open to the public. |
203 | (8) To operate, manage, and control all projects, as |
204 | hereinabove defined, hereafter acquired or constructed under the |
205 | provisions of this act. |
206 | (9) To enter into joint agreements and arrangements with |
207 | steamship lines, railroads, airlines, or other transportation |
208 | lines or any common carrier as the board shall deem to its |
209 | advantage to do so. |
210 | (10) To make and enter into all contracts and agreements |
211 | necessary or incidental to the performance of its duties and the |
212 | execution of its powers and to appoint and employ such |
213 | engineers, architects, attorneys, agents, and other employees as |
214 | may be necessary in its judgment and to fix their compensation; |
215 | however, such compensation must be within the amount appointed |
216 | for such purpose in the annual budget of the district. |
217 | (11) To exercise such powers as may be reasonably |
218 | necessary to effectively control and regulate facilities on |
219 | property owned or controlled by the airport district. |
220 | (12) To appoint a manager of the airport district and to |
221 | determine his or her duties and compensation. |
222 | (13) To appoint an airport manager, who shall be a full- |
223 | time employee and shall devote his or her time and attention to |
224 | the discharge of his or her duties. The airport manager shall |
225 | receive such salary as the board may set. |
226 | (14) To employ such persons in addition to the airport |
227 | manager as the business of the airport district may require. |
228 | (15) To maintain a full-time airport law enforcement staff |
229 | and to determine its duties and compensation. |
230 | (16) To receive and accept from any local or state |
231 | government or the Federal Government or any agency thereof |
232 | grants for or in aid of the construction of any project and/or |
233 | operation of the airport and other aviation facilities and |
234 | facilities related thereto. |
235 | (17) To make such rules and regulations governing aircraft |
236 | which are on property owned or controlled by the airport |
237 | district. |
238 | (18) To make rules and regulations governing the operation |
239 | of the airport and other aviation facilities and facilities |
240 | related thereto. |
241 | (19) To impose a franchise or license tax upon businesses |
242 | and occupations carried on or operated under and by virtue of |
243 | any franchises, licenses, or privileges granted by the board |
244 | with respect to such airports, and other aviation facilities and |
245 | facilities related thereto, controlled or operated by the |
246 | airport district and the board. |
247 | (20) To advertise the airports of such district in such |
248 | manner as the board deems advisable and to negotiate and |
249 | contract with airlines and other institutions as the board may |
250 | deem necessary for development, expansion, and operation of the |
251 | airport district. |
252 | (21) To acquire, own, and control the properties now owned |
253 | and held by the Panama City-Bay County Airport and Industrial |
254 | District and assume all of its indebtedness, obligations, and |
255 | liabilities. |
256 | (22) To adopt a budget with which all expenditures shall |
257 | be made in strict accordance with the budget so adopted and |
258 | approved. |
259 | (23) To establish an independent airport police department |
260 | with full police powers on property owned or controlled by the |
261 | airport district, or in accordance with mutual aid agreements |
262 | with other law enforcement agencies. Officers engaged in hot |
263 | pursuit of a suspect may continue pursuit beyond property owned |
264 | or controlled by the airport district. |
265 | (24) To contract with similar authorities in carrying out |
266 | common projects and the purposes of this act. |
267 | Section 6. Issuance of bonds; purposes and powers; |
268 | general.--The board is authorized to provide by resolution at |
269 | one time or from time to time for the issuance of bonds of the |
270 | airport district for the purpose of paying all or a part of the |
271 | cost of any project or improvement of the district or any |
272 | combination thereof. The bonds of each issue shall be dated, |
273 | shall bear interest at such fixed or variable rate or rates, |
274 | shall mature at such time or times, not exceeding 40 years from |
275 | their date or dates, as may be determined by the board, and may |
276 | be made redeemable before maturity, at the option of the board, |
277 | at such price or prices and under such terms and conditions as |
278 | may be fixed by the board prior to the issuance of the bonds. |
279 | The board shall determine the form of the bonds, including any |
280 | interest coupons to be attached thereto, and the manner of |
281 | execution of the bonds and coupons and shall fix the |
282 | denomination or denominations of the bonds and coupons, and the |
283 | place or places of payment of principal and interest which may |
284 | be at any bank or trust company within or without the state. In |
285 | the event any officer whose signature or a facsimile of whose |
286 | signature shall appear on any bonds or coupons shall cease to be |
287 | such officer before the delivery of such bonds, such signature |
288 | or such facsimile shall nevertheless be valid and sufficient for |
289 | all purposes the same as if he or she had remained in office |
290 | until such delivery. All bonds issued under the provisions of |
291 | this act shall have and are hereby declared to have all the |
292 | qualities and incidents of negotiable instruments under the laws |
293 | of the state. The bonds may be issued in coupon or in registered |
294 | form or both, as the board may determine, and provisions may be |
295 | made for the registration of any coupon bonds as to principal |
296 | alone and also as to both principal and interest and for the |
297 | reconversion into coupon bonds of any bonds registered as to |
298 | both principal and interest. The issuance of such bonds shall |
299 | not be subject to any limitations or conditions contained in any |
300 | other law and the board may sell such bonds in such manner and |
301 | for such price as it may determine to be for the best interest |
302 | of the district, but no such sale shall be made at a price so |
303 | low as to require the payment of interest on the money received |
304 | therefor at more than the fixed or variable rate or rates |
305 | computed with relation to the absolute maturity of the bonds in |
306 | accordance with standard tables of bond values, excluding, |
307 | however, from such computations the amount of any premium to be |
308 | paid on redemption of any bonds prior to maturity. Prior to the |
309 | preparation of definitive bonds, the board may, under like |
310 | restrictions, issue interim receipts or temporary bonds, with or |
311 | without coupons, exchangeable for definitive bonds when such |
312 | bonds have been executed and are available for delivery. The |
313 | board may also provide for the replacement of any bonds which |
314 | shall be mutilated or be destroyed or lost. |
315 | (1) Bonds may be issued under the provisions of this act |
316 | without obtaining the consent of any commission, board, bureau, |
317 | or agency of the state or county and without any other |
318 | proceedings or the happening of any other condition or thing |
319 | than those proceedings, conditions, or things which are |
320 | specifically required by this act. The bonds may be validated in |
321 | accordance with the State Constitution and the laws of Florida. |
322 | (2) The proceeds of the bonds shall be used solely for the |
323 | payment of the cost of the project for which such bonds shall |
324 | have been authorized and shall be disbursed in the manner |
325 | provided in the resolution or in the trust agreement authorizing |
326 | the issuance of such bonds. In the event that the actual cost of |
327 | the project exceeds the estimated cost, the board may issue |
328 | additional bonds to cover the deficiency, subject to the same |
329 | restrictions as required for the original issue. |
330 | Section 7. Additional authority; bonds.--In addition to |
331 | any other powers which the board may now have, the board is |
332 | hereby granted the following rights and powers, and shall have |
333 | and may exercise all powers necessary, appurtenant, convenient, |
334 | or incidental to the execution of the powers enumerated in this |
335 | act: |
336 | (1) To borrow money and to make and issue negotiable |
337 | notes, bonds, certificates, refunding bonds, and other |
338 | obligations, hereinafter called "bonds," of the district, said |
339 | bonds to have a maturity date not exceeding 40 years from the |
340 | date of issue, and to secure the payment of such bonds or any |
341 | part thereof by a pledge of any or all of the district's |
342 | revenues, rates, fees, rentals, or other charges, and any other |
343 | funds legally available therefor; and any other funds it has a |
344 | right to, or may hereafter have the right to, pledge for such |
345 | purposes, including, without limitation, amounts received from |
346 | public agencies pursuant to interlocal agreements under part I, |
347 | chapter 163, Florida Statutes, hereinafter referred to as |
348 | "revenues"; and in general, to provide for the security of said |
349 | bonds and the rights and remedies of the holders thereof. Such |
350 | bonds may be issued to finance or refinance one or more or a |
351 | combination of airport and other aviation facilities and |
352 | facilities related thereto and may, subject to any prior rights |
353 | of bondholders, be pledged for any one or more or any |
354 | combination of airport and other aviation facilities and |
355 | facilities related thereto. Any revenues from the existing |
356 | airport and other aviation facilities and facilities related |
357 | thereto and constructed or acquired prior to this act or |
358 | existing acts, or existing airports and other aviation |
359 | facilities and facilities related thereto constructed or |
360 | acquired by the district from any source, may be pledged for any |
361 | one or more or any combination of airports and other aviation |
362 | facilities or facilities related thereto financed under this |
363 | act, regardless of whether such existing airports and other |
364 | aviation facilities and facilities related thereto are then |
365 | being improved or financed by the proceeds of the bonds to be |
366 | issued to finance the one or more or any combination of airports |
367 | and other aviation facilities and facilities related thereto for |
368 | which such revenues of such existing airports and other aviation |
369 | facilities and facilities related thereto are to be pledged. |
370 | (2) To make contracts of every kind and nature and to |
371 | execute all instruments necessary or convenient for the carrying |
372 | on of its business. |
373 | (3) To enter into interlocal agreements with any public |
374 | agencies of the state for any of its purposes, including, but |
375 | not limited to, providing additional sources of funds to pay or |
376 | secure bonds of the district or to finance or refinance any |
377 | project or cost of the district. |
378 | (4) To enter into and perform its obligations under any |
379 | bond insurance agreements, surety bonds, or interest rate hedge, |
380 | or to swap contracts or other financial instruments, and to |
381 | secure its obligations thereunder from any revenues legally |
382 | available therefor. |
383 | (5) Without limitation of the foregoing, to borrow money |
384 | and accept grants, contributions, or loans from, and to enter |
385 | into, and comply with the terms of, contracts, leases, or other |
386 | transactions with, the state government or the Federal |
387 | Government. |
388 | (6) To conduct public hearings and advertise the same as |
389 | may be required by federal law in connection with any borrowing. |
390 | (7) To refund, refinance, retire, or defease any |
391 | obligations then outstanding. |
392 | (8) To pledge, hypothecate, or otherwise encumber all or |
393 | part of the revenues, rates, fees, rentals, or other charges, |
394 | funds, or receipts of the district as security for all or any of |
395 | the obligations issued by the district. |
396 | (9) To employ technical experts necessary to assist the |
397 | board in carrying out or exercising any powers granted hereby, |
398 | including, but not limited to, architects, engineers, attorneys, |
399 | fiscal advisors, fiscal agents, investment bankers, and aviation |
400 | consultants. |
401 | (10) To exercise all powers of a "local agency" pursuant |
402 | to part II, chapter 159, Florida Statutes, relative to the |
403 | purposes of the district. |
404 | (11) To do all acts and things necessary or convenient for |
405 | the promotion of its business and the general welfare of the |
406 | district in order to carry out the powers granted to it by this |
407 | act or any other laws. The board shall have no power at any time |
408 | or in any manner to pledge the taxing power of the state, or any |
409 | political subdivision or agency thereof; nor shall any of the |
410 | obligations issued by the district be deemed obligations of the |
411 | state, or any political subdivision or agency thereof, secured |
412 | by and payable from ad valorem taxes thereof; nor shall the |
413 | state, or any political subdivision or agency thereof, be liable |
414 | for the payment of principal of or interest on such obligations |
415 | except from the special funds provided for in this act or |
416 | pursuant to interlocal agreements entered into with public |
417 | agencies of the state. |
418 | Section 8. Purposes and powers; bonds.--The bonds issued |
419 | by the board pursuant to this act shall be authorized by |
420 | resolution of the members thereof and shall bear such date or |
421 | dates, mature at such time or times, not exceeding 40 years from |
422 | the respective dates, bear interest at such fixed or variable |
423 | rate or rates, be payable at such times, be in such |
424 | denominations, be in such form, carry such registration, |
425 | exchangeability, and interchangeability privileges, be payable |
426 | in such medium of payment and at such place, within or without |
427 | the state, be subject to such terms of redemption, and be |
428 | entitled to such priorities on the revenues, rates, fees, |
429 | rentals, or other charges or receipts of the district as such |
430 | resolution or any resolutions subsequent thereto may provide. |
431 | The bonds shall be executed either by manual or facsimile |
432 | signature by such officers as the district shall determine, |
433 | provided that such bonds shall bear at least one signature which |
434 | is manually executed thereon, to the extent required by general |
435 | law, and the bonds shall have the seal of the district affixed, |
436 | imprinted, reproduced, or lithographed thereon, all as may be |
437 | prescribed in such resolution or resolutions. Said bonds may be |
438 | sold either at public or private sale at such price or prices as |
439 | the board shall determine to be in the best interests of the |
440 | district. Pending the preparation of definitive bonds, interim |
441 | certificates or temporary bonds may be issued to the purchaser |
442 | of such bonds and may contain such terms and conditions as the |
443 | board may determine, including, without limitation, provisions |
444 | for registration and book entry registration of bonds. |
445 | (1) Any such resolution or resolutions authorizing any |
446 | bonds hereunder may contain provisions which shall be part of |
447 | the contract with the holders of such bonds as to: |
448 | (a) The pledging of all or any part of the revenues, |
449 | rates, fees, rentals, or other charges or receipts of the |
450 | district derived by the district from all or any of its airports |
451 | and other aviation, commercial, or industrial facilities and |
452 | facilities related thereto or pursuant to interlocal agreements |
453 | or from other sources legally available for such payments. |
454 | (b) The construction, improvement, operation, extension, |
455 | enlargement, maintenance, repair, or lease of such airports, and |
456 | other aviation, commercial, or industrial facilities and |
457 | facilities related thereto, and the duties of the district with |
458 | reference thereto. |
459 | (c) Limitations on the purposes to which the proceeds of |
460 | the bonds, then or thereafter to be issued, or any loan or grant |
461 | by the Federal Government or the state government or the county |
462 | or any municipality therein or any limited purpose revenues |
463 | authorized to be collected or received by the district may be |
464 | applied. |
465 | (d) The fixing, charging, establishing, and collecting of |
466 | rates, fees, rentals, or other charges for use of the services |
467 | and facilities of the airports, and other aviation facilities |
468 | and facilities related thereto, of the district or any part |
469 | thereof. |
470 | (e) The setting aside of reserves or sinking funds or |
471 | repair and replacement funds or other funds and the regulation |
472 | and disposition thereof. |
473 | (f) Limitations on the issuance of additional bonds. |
474 | (g) The terms and provisions of any deed of trust or |
475 | indenture securing the bonds, or under which the same may be |
476 | issued. |
477 | (h) Establishment of permitted investments in which any |
478 | proceeds of the bonds or other funds securing same may be |
479 | invested. |
480 | (i) Any other or additional agreements with the holders of |
481 | the bonds as are customary and proper and which in the judgment |
482 | of the board will make said bonds more marketable. |
483 | (2) The board may enter into any deeds of trust, |
484 | indentures, or other agreements, with any bank or trust company |
485 | within or without the state, as security for such bonds, and may |
486 | assign and pledge all or any part of the revenue, rates, fees, |
487 | rentals, or other charges or receipts of the district |
488 | thereunder. Such deeds of trust, indentures, or other agreements |
489 | may contain such provisions as may be customary in such |
490 | instruments or as the district may authorize, including, but |
491 | without limitation, provisions as to: |
492 | (a) The construction, improvement, operation, extension, |
493 | leasing, maintenance, repair, or lease of such airports, and |
494 | other aviation facilities and facilities related thereto and the |
495 | duties of the district with reference thereto. |
496 | (b) The application of funds and the safeguarding of funds |
497 | on hand or on deposit. |
498 | (c) The appointment of consulting engineers or architects |
499 | and approval thereof by the holders of the bonds. |
500 | (d) The rights and remedies of said trustee and the |
501 | holders of the bonds. |
502 | (e) The terms and provisions of the bonds or the |
503 | resolution authorizing the issuance of the same. Any of the |
504 | bonds issued pursuant to this act are, and are hereby declared |
505 | to be, negotiable instruments under the law merchant and |
506 | negotiable instruments law of the state. |
507 | (f) Except as otherwise provided in this act, provision by |
508 | the board, by resolution or by trust agreement, for the payment |
509 | of the proceeds of the sale of the revenue bonds and the |
510 | revenues of the facilities to such officer, board, or depository |
511 | as it may determine for the custody thereof and for the method |
512 | of disbursement thereof with such safeguards and restrictions as |
513 | it may determine. All expenses incurred in carrying out such |
514 | trust agreement may be treated as a part of the cost of |
515 | operation of the facilities affected by such trust agreement. |
516 | (3) The pledge by the board of its revenues, rates, fees, |
517 | rentals, and other charges, funds, and receipts to the payment |
518 | of the bonds described above, either directly by the terms of a |
519 | resolution of the board or through any deed of trust, indenture, |
520 | or other agreement, shall create a valid and binding lien |
521 | thereon and a prior perfected security interest therein from the |
522 | time the pledge is made, and all moneys and revenues so pledged |
523 | shall immediately become subject to a lien of such pledge |
524 | without any physical delivery thereof or further act, and the |
525 | lien of any such pledge shall be valid and binding against all |
526 | parties having claims of any kind in tort, contract, or |
527 | otherwise against the district, irrespective of whether such |
528 | parties have notice thereof. Neither the resolutions nor the |
529 | deed of trust, indenture, or other agreement by which the pledge |
530 | is created need be filed or recorded, except in the records of |
531 | the board, nor shall notice thereof be required to be given to |
532 | any obligor of any such moneys or revenue, and no filings under |
533 | the Florida Uniform Commercial Code shall be required in order |
534 | to perfect the pledge granted thereby. |
535 | Section 9. Revenue bonds.--Revenue bonds of the district |
536 | may be issued under the provisions of this act and shall be |
537 | payable from the revenues derived from the operation of any |
538 | facility or combination of facilities of the district under the |
539 | supervision, operation, and control of the district and from any |
540 | other funds legally available therefor, except ad valorem taxes |
541 | of the district. The issuance of such revenue bonds shall not |
542 | directly, indirectly, or contingently obligate the state, the |
543 | district, the city, or the county to levy any ad valorem taxes |
544 | or to make any appropriations for their payment or for the |
545 | operation and maintenance of the facilities of the district. |
546 | (1) The board shall not convey or mortgage any facility or |
547 | any part thereof as security for the payment of the revenue |
548 | bonds. |
549 | (2) In the discretion of the board, each or any issue of |
550 | such revenue bonds may be secured by a trust agreement by and |
551 | between the board and a corporate trustee, which may be any |
552 | trust company or bank having the powers of a trust company |
553 | within or outside of the state. Such trust agreement may pledge |
554 | or assign the revenues to be received by the district. The |
555 | resolution providing for the issuance of revenue bonds or such |
556 | trust agreement may contain such provisions for protecting and |
557 | enforcing the rights and remedies of the bondholders as may be |
558 | reasonable, proper, and not in violation of law, including |
559 | covenants setting forth the duties of the district in relation |
560 | to the acquisition, construction, improvement, maintenance, |
561 | operation, repair, equipping, and insurance of the facilities |
562 | and the custody, safeguarding, and application of all moneys. It |
563 | shall be lawful for any bank or trust company incorporated under |
564 | the laws of this state to act as such depository and to furnish |
565 | such indemnifying bonds or to pledge such securities as may be |
566 | required by the board. Such resolution or such trust agreement |
567 | may restrict the individual right of action by bondholders as is |
568 | customary in trust agreements securing bonds or debentures of |
569 | corporations. In addition to the foregoing, such resolution or |
570 | such trust agreement may contain such other provisions as the |
571 | board may deem reasonable and proper for the security of |
572 | bondholders. Except as otherwise provided in this act, the board |
573 | may provide, by resolution or by trust agreement, for the |
574 | payment of the proceeds of the sale of the revenue bonds and the |
575 | revenues of the facilities to such officer, board, or depository |
576 | as it may determine for the custody thereof and for the method |
577 | of disbursement thereof with such safeguards and restrictions as |
578 | it may determine. All expenses incurred in carrying out such |
579 | trust agreement may be treated as a part of the cost of |
580 | operation of the facilities affected by such trust agreement. |
581 | (3) The resolution or trust agreement providing for the |
582 | issuance of the revenue bonds may also contain such limitations |
583 | upon the issuance of additional revenue bonds as the board may |
584 | deem proper, and such additional bonds shall be issued under |
585 | such restrictions or limitations as may be prescribed by such |
586 | resolution or trust agreement. |
587 | Section 10. Refunding obligations.--The board is |
588 | authorized to provide by resolution for the issuance of |
589 | refunding bonds or refunding revenue bonds of the district for |
590 | the purpose of refunding any bonds or revenue bonds, |
591 | respectively, then outstanding and issued under the provisions |
592 | of this act. The board is further authorized to provide by |
593 | resolution for the issuance of refunding revenue bonds for the |
594 | combined purpose of: |
595 | (1) Paying the cost of any project of the district. |
596 | (2) Refunding bonds or revenue bonds of the district which |
597 | shall theretofore have been issued under the provisions of this |
598 | act and shall then be outstanding. The issuance of such bonds, |
599 | the maturities and other details thereof, the rights and |
600 | remedies of the holders thereof, and the rights, powers, |
601 | privileges, duties, and obligations of the district with respect |
602 | to the same shall be governed by the foregoing provisions of |
603 | this act insofar as the same may be applicable. |
604 | Section 11. Bonds to constitute legal investments.--Any |
605 | bonds issued pursuant to this act shall be and constitute legal |
606 | investments for banks, savings banks, trustees, executors, |
607 | administrators, and all other fiduciaries for all state, |
608 | municipal, and public funds and shall also be and constitute |
609 | securities eligible for deposit as security for all state, |
610 | municipal, or other public funds, notwithstanding the provisions |
611 | of any other law or laws to the contrary. |
612 | Section 12. Remedies.--Any holder of bonds or other |
613 | obligations issued under the provisions of this act or any of |
614 | the coupons appertaining thereto and the trustee under any trust |
615 | agreement, except to the extent that the rights herein given may |
616 | be restricted by such trust agreement, may either at law or in |
617 | equity, by suit, action, mandamus, or other proceedings, protect |
618 | and enforce any and all rights under the laws of Florida or |
619 | granted hereunder or under such trust agreement or the |
620 | resolution authorizing the issuance of such bonds or other |
621 | obligations and may enforce and compel the performance of all |
622 | duties required by this act or by such trust agreement or |
623 | resolution to be performed by the board or by any officer |
624 | thereof. |
625 | Section 13. Exemption of property from taxation.--The |
626 | exercise of the powers by the board conferred in this act |
627 | constitutes the performance of government functions. Facilities |
628 | owned or operated by the district under the provisions of this |
629 | act constitute public property. When such facilities are used |
630 | for governmental purposes, the board shall not be required to |
631 | pay any taxes or assessments upon any such facilities or parts |
632 | thereof. |
633 | Section 14. Board of Directors accounting practices; |
634 | deposit of moneys of the board.--All moneys of the board, |
635 | whether derived from taxes or levied and collected within the |
636 | airport district or from other sources, shall be paid into the |
637 | treasury of the board. Such moneys shall be used exclusively by |
638 | the board and shall be disbursed by the board with approved |
639 | budgetary practice and accounting methods and only for the |
640 | purposes specified in the budget of the board. No funds or |
641 | moneys shall be withdrawn from the treasury of the board except |
642 | in accordance with the budget and upon the signature of either |
643 | the chair or one of the members of the board and either the |
644 | airport manager or designated staff member as authorized by the |
645 | members of the board. The board may require such officers or |
646 | members of the board or employees thereof to execute fidelity |
647 | bonds in such sums as the board may from time to time determine. |
648 | The premiums on such bonds shall be paid by the district as a |
649 | proper operating expense thereof. |
650 | Section 15. Annual audit.--The books and records of the |
651 | board shall be audited annually by a certified public accountant |
652 | and copies of such audit submitted to the board and the City |
653 | Commission of the City of Panama City and the Board of County |
654 | Commissioners of Bay County. |
655 | Section 16. Awarding of contracts.--No contract shall be |
656 | let by the district for any construction improvement, repair, or |
657 | building, nor shall any goods, supplies, or materials for |
658 | airport district purposes or uses be purchased when the amount |
659 | to be paid by the district exceeds the amounts specified in |
660 | section 287.057 or section 255.20, Florida Statutes, as amended |
661 | from time to time unless the provisions of those statutes are |
662 | satisfied. However, in the event of an emergency, the district |
663 | may take such action as is necessary to protect airport |
664 | properties. Nothing in this act shall be construed to prohibit |
665 | the airport district from utilizing and complying with other |
666 | applicable laws governing the issuance of contracts for |
667 | construction, goods, supplies, or services by a political |
668 | subdivision, or with the rules and regulations of the Federal |
669 | Government or state government assisting in the financing of |
670 | district facilities, or from awarding contracts for the |
671 | construction of district facilities on a negotiated basis |
672 | utilizing the provisions in section 159.32, Florida Statutes. |
673 | Section 17. Purchases by board.--No member of the board or |
674 | other officer or employee shall purchase supplies, goods, or |
675 | materials for use by the airport district from himself or |
676 | herself or from any firm or corporation in which he or she is |
677 | interested, directly or indirectly, or in any manner share in |
678 | the proceeds of such purchase, nor shall the board be obligated |
679 | for the purchase price for such supplies, goods, or materials so |
680 | purchased. No board member or other officer or employee shall |
681 | bid or enter into or be in any manner interested, directly or |
682 | indirectly, in any contract for public work to which the airport |
683 | may be a party. Any person who violates the provisions of this |
684 | section shall be guilty of malfeasance in office. All moneys or |
685 | things of value paid and delivered pursuant to such contract or |
686 | purchase may be recovered by the board and, in the event of its |
687 | refusal, by a taxpayer for the use of the board, including |
688 | costs, expenses, and reasonable attorney's fees incurred in any |
689 | proceeding for the recovery thereof. |
690 | Section 18. Conflict of interest.--No board member or |
691 | other officer or employee shall act as a consultant to, be |
692 | employed by, or receive compensation in any manner, directly or |
693 | indirectly, from any vendor, tenant, or concessionaire of the |
694 | airport district, nor shall any board member, other officer, or |
695 | employee conduct other than airport business within the airport |
696 | facility or on airport property. Any person who violates the |
697 | provisions of this section shall be guilty of malfeasance in |
698 | office. |
699 | Section 19. Additional general provisions; act complete |
700 | and additional authority.--The powers conferred by this act |
701 | shall be in addition and supplemental to the existing powers of |
702 | the board as herein provided. |
703 | Section 20. If any section, clause, or provision of this |
704 | act shall be held unconstitutional or ineffective in whole or in |
705 | part, to the extent that the remainder of the act is not |
706 | unconstitutional or ineffective, it shall be valid and |
707 | effective, and no other section, clause, or provision shall on |
708 | account thereof be deemed invalid or ineffective. |
709 | Section 4. Chapter 98-527, Laws of Florida, is repealed. |
710 | Section 5. This act shall take effect upon becoming a law. |