§ 8. Purposes; Powers of Authority.

The purposes of this act are to create an aviation authority in Orange County, Florida, and through it to provide a means to serve the public interest through the coordination of the planning, financing, construction, and operation of aviation facilities of the authority to the end that: Adequate public air navigation and transportation facilities are provided; that safe and efficient air commerce is promoted; that aviation projects of the authority are correlated with aviation projects operated by others within this region, this state, and this nation; that orderly and proper use and development of public airports within Orange County will occur as required to develop the potential of Orange County as an air trade center and to support and enhance economic development therein, and that projects of the authority will be included in national and international programs for air transportation relating to general aviation and commercial air transport of passengers and cargo. The authority shall have all of the powers which are necessary to carry out the purposes of this act. Without in any manner limiting or restricting such general powers, the authority shall have power:

(a)

To construct, acquire, establish, improve, extend, enlarge, reconstruct, equip, maintain, repair and operate any project, as hereinabove defined, either within or without or partly within and partly without the territorial boundaries of the City.

(b)

To issue revenue bonds of the City of Orlando, payable solely from revenues, to pay all or a part of the cost of such acquisition, construction extension or enlargement.

(c)

To fix, regulate and collect rates and charges for the services and facilities furnished by any project under its control, and to pledge the revenues of any such project to the payment of revenue bonds issued under the provisions of this act.

(d)

To make rules and regulations for its own government and procedure; provided, however, that it shall hold a regular meeting at least once a month and such special meetings as it may deem necessary, and all such meetings shall be open to the public.

(e)

To operate, manage and control all projects placed under its control by the provisions of Section 4 of this act and all projects as hereinabove defined, hereafter acquired or constructed under the provisions of this act.

(f)

To acquire in the name of the authority, either by purchase or the exercise of the right of eminent domain within the territorial limits of Orange County, Florida, such lands, including submerged and partly submerged land, in fee simple or any lesser interest or easement, and improvements thereto, and to acquire such personal property, as it may deem necessary either for the construction of any project or for the efficient operation or for the extension of any project acquired or constructed or to be constructed under the provisions of this act, including without limitation the elimination of airport hazards and the full or partial satisfaction of environmental mitigation requirements of any federal, state, county, or municipal government or other agency thereof, and to hold, lease, and dispose of all real and personal property under its control; provided that any real estate or interest therein proposed to be purchased, acquired, or sold by the Authority shall first be approved by resolution of the City Council; and further provided that the granting of any lease or franchise for a term in excess of ten (10) years shall first be approved by resolution of the City Council.

(g)

To appoint, fix the compensation of, and make provision for the discharge of an executive director who, under the supervision of the Authority, shall be responsible for the operation, management and promotion of all activities with which the Authority is charged under this act, together with such other duties as may be prescribed by the Authority, and he shall have such powers as are incident to the performance of his duties and such others as may be prescribed by the Authority. The Authority may also employ such other officers, agents, and employees under such terms and conditions as it shall consider necessary and appropriate to effectuate its purposes under this act.

(h)

To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this act, and to employ consulting engineers, architects, superintendents, managers, aviation consultants, accountants, and attorneys, and such other consultants and advisors as may be necessary in its judgment to accomplish the purposes of this act, and to fix their compensation; provided, however, that all such expenses shall be paid solely from the proceeds of revenue bonds issued under the provisions of this act, or from revenues of projects of the Authority, or from any other funds legally available for such purposes.

(i)

To make application directly or indirectly to any federal, state, county or municipal government or agency or to any other source, public or private, for loans, grants, guarantees or other financial assistance in aid of projects of the Authority, and to accept and use the same upon such terms and conditions as are prescribed by the federal, state, county or municipal government or agency or other source.

(j)

To enter into agreements with the state, any subdivision or department thereof, or any county or municipality or the federal government or any agency thereof to use the facilities or the services of the state or such subdivision or department; or such county or municipality or the federal government or any agency thereof, as necessary or desirable to accomplish the purposes of this act; or to allow any of such agencies to utilize the facilities or the services of the Authority as necessary or desirable to accomplish the purposes of this act.

(k)

Subject to such provisions and restrictions as may be set forth in the resolution or in the trust agreement hereinafter mentioned authorizing or securing the revenue bonds issued under the provisions of this act, to have exclusive control of the revenues derived from each project under its control, and of the expenditures thereof, except as otherwise herein provided.

(l)

To adopt and enforce in the courts of this state reasonable rules and regulations for the orderly, safe, efficient, and sanitary operation and use of projects and facilities owned by it or under its control; provided, that no such rule or regulation shall be adopted which, in the judgment of the Authority, will directly affect the traveling public as a class, except subsequent to a public hearing which shall be advertised twice in a newspaper of general circulation in Orange County, Florida, the first such publication to occur not more than fourteen (14) days, and the second such publication to occur not less than four (4) days prior to the proposed adoption thereof.

(m)

Subject to the provisions of Section 8(f) of this act, to enter into exclusive or nonexclusive contracts, leases, franchises, or other arrangements with any person or persons for terms not exceeding fifty (50) years, granting the privilege of using or improving any project of the Authority, or any portion thereof or space therein for commercial purposes; conferring the privilege of supplying goods, commodities, things, services or facilities at such project or projects; or making available services to be furnished by the Authority or its agents at such project; and to establish the terms and conditions and fix the charges, rentals, or fees for such privileges or services so long as such fee or charges shall not conflict with any applicable rules and regulations of the public service commission.

(n)

To enter into contracts, leases or other agreements with federally certificated air carriers, other commercial air carriers and other commercial users of its projects, for the use of such projects, under such terms and conditions as it deems appropriate; and for such charges; rentals and fees as it deems appropriate; and to enter into any contract, leases or other agreements, set any tolls, fees, or other charges for the use of its property or services, and collect and use same as necessary to operate the projects under its control and to accomplish any purposes of this act.

(o)

To contract with any persons, firms, or public or private corporations to supply goods, commodities, facilities, and services to the public, employees of the Authority and employees of air carriers and other commercial interests located at any project under its control under such terms and conditions as it deems appropriate.

(p)

Subject to the provisions of Section 8(f) of this act, to acquire land or other real or personal property within the territorial limits of Orange County, Florida, by purchase, lease, gift, devise, bequest, exchange or in any other manner, including, but not limited to, proceedings in the name of the Authority, by eminent domain; and the Authority shall have the power to purchase or obtain options, contracts or other rights to acquire land or other real or personal property, provided that such options, contracts or other rights shall be for a reasonable period of time and for a consideration not in excess of five percent (5%) of the purchase price specified upon the exercise of such options, contracts, or other rights, unless prior approval of the City Council shall have been obtained.

Subject to the provisions of Section 8(f) of this act, the Authority shall have the power to sell and dispose of any lands, structures, facilities or other property acquired under this act, when it shall determine that such lands, structures, facilities or other property are no longer needed for carrying out the purposes of this act; provided, however, that such sale shall be for a fair and reasonable consideration; and further provided that the Authority, with the prior approval of the City Council, may sell, or give the right of use of its property to the City or other public body without consideration or for less than a full and adequate consideration; and the subject matter of any such sale or disposal of property may be subjected by the Authority to reasonable restrictions for the preservation and protection of any other property held or controlled by said Authority. In carrying out the purposes of this act, the Authority may lease, or rent, any part or portion of land, structure, or facility of the Authority to such private persons, corporations, partnerships, or public corporations or agencies or other legal entity, public or private, for use of such property by such lessee as the Authority shall determine is in the best interests of the public in furthering the purposes of this act; provided, however, that such lease or other right to use thereof shall be for any term of years not to exceed fifty (50) years.

(q)

To make any and all applications required by the treasury department and other departments or agencies of the United States government or of this state as a condition precedent to the establishment within the County of Orange of a free port or area for the reception from foreign countries of articles of commerce and the handling, processing and delivery thereof into foreign commerce free from the payment of custom duties, and to enter into any agreements required by such departments or agencies in connection therewith and to make like applications and agreements with respect to the establishment within said County of one or more bonded warehouses.

(r)

With the express prior approval by ordinance of the City Council:

(1)

To employ and constitute its own airport guards or police officers, or to contract with the City or any other agency of the state or Orange County to provide law enforcement services and protection through its duly sworn officers, and all such officers shall have full power of arrest to prevent or abate the commission of any offense against the ordinances of the City, the laws of this state, or the laws of the United States, when any such offense, or threatened offense occurs upon any lands or project owned by or under the control of the Authority;

(2)

To provide its own fire protection, crash and rescue services or to arrange for such services with any federal, state, municipal or county agency or any private firm in the business of providing such services.

(s)

To acquire by agreement, and not through the exercise of eminent domain, any aviation projects of the City, or, with the prior approval of the City Council, any other aviation projects situate within Orange County, whether publicly or privately owned; provided, that upon conveyance of any such aviation project to the Authority, all contracts, commitments, leases and any other obligations then outstanding with respect to such aviation project shall be transferred to and assumed by the Authority. The Board of County Commissioners of Orange County, and any municipality or other public body of the state having an interest in an aviation project situated in Orange County are hereby authorized to convey their interests in any such aviation project to the Authority, upon terms and conditions acceptable to such public body and to the Authority.

(t)

To enter into agreements with the City, or with any other public body owning or operating aviation projects of which the Authority may subsequently assume control, with respect to the manner of transfer of persons employed by the City or other public body at such aviation projects to the Authority, as the Authority deems necessary and appropriate.

(u)

To establish a plan for retirement, disability, hospitalization, and other fringe benefits, and for death benefits for officers and employees of the Authority, or to provide by resolution that such officers and employees shall be covered under any plan of the City, Orange County, or the state available to them under the laws of the City, Orange County, or the state.

(v)

To exercise each and every power not inconsistent with express provisions of this act which any municipality of this state may now or hereafter exercise with respect to the operation, acquisition, construction, or financing of airports or airport projects owned or controlled by such a municipality under the provisions of the general laws of this state.

All expenses incurred by the Authority in exercising its powers and in performing its functions and duties shall be paid solely from the proceeds of revenue bonds issued under the provisions of this act or from the revenues of the projects under its control and no liability or obligation not payable from such proceeds or from such revenues shall at any time be incurred in connection with the operation thereof, except as provided in Section 6 hereof.

(Laws of Fla. ch. 57-1658, § 8; Laws of Fla. ch. 67-1834, § 5; Laws of Fla. ch. 75-464, § § 8—15; Laws of Fla. ch. 82-347, § § 1, 2)