ENROLLED HB 0597, Engrossed 1 |
2003 Legislature |
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A bill to be entitled |
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An act relating to the Canaveral Port District, Brevard |
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County; providing legislative intent; codifying, amending, |
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and reenacting special acts relating to the district; |
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providing severability; providing purpose and |
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construction; repealing chapters 28922 (1953), 30606 |
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(1955), 57-1178, 59-1093, 65-1286, 65-1287, 67-1131, 67- |
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1144, 69-857, 69-868, 70-592, 70-601, 74-426, 74-427, 74- |
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428, 75-335, 75-341, 76-326, 76-327, 78-471, 79-430, 80- |
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455, 82-266, 84-394, 87-431, 88-483, 89-408, 89-553, 94- |
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436, 95-465, and 2000-418, Laws of Florida; providing an |
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effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Pursuant to section 189.429, Florida Statutes, |
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this act constitutes the codification of all special acts |
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relating to the Canaveral Port District. It is the intent of the |
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Legislature in enacting this law to provide a single, |
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comprehensive special act charter for the District, including |
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all current legislative authority granted to the District by its |
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several legislative enactments and any additional authority |
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granted by this act. |
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Section 2. Chapters 28922 (1953), 30606 (1955), 57-1178, |
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59-1093, 65-1286, 65-1287, 67-1131, 67-1144, 69-857, 69-868, 70- |
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592, 70-601, 74-426, 74-427, 74-428, 75-335, 75-341, 76-326, 76- |
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327, 78-471, 79-430, 80-455, 82-266, 84-394, 87-431, 88-483, 89- |
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408, 89-553, 94-436, 95-465, and 2000-418, Laws of Florida, |
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relating to the Canaveral Port District, are codified, |
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reenacted, amended, and repealed as herein provided. |
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Section 3. The charter for the Canaveral Port District is |
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re-created and reenacted to read:
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ARTICLE I. Creation and Status
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Section 1. There is created and established a port |
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district in Brevard County, which shall also be an independent |
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special taxing district and political subdivision of the state, |
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to be known as the "Canaveral Port District," which shall |
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consist of so much of Brevard County as lies north of that line |
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described as follows:
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Beginning at a point where the west boundary line of said |
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Brevard County, Florida, intersects with the south |
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boundary line of Township 25 South, Range 35 East, and |
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proceeding thence easterly along the south boundary line |
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of Township 25 South to the intersection of the east |
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boundary line of Brevard County, Florida, with the south |
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boundary line of Township 25 South.
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Section 2. The Canaveral Port District is divided into |
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five Commissioner Port Districts, numbered one to five, |
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inclusive, defined as follows:
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(a) District 1: Beginning at the intersection of |
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the North line of Township 20 South(Brevard/Volusia |
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County Line) and the Mean High Water Line of the Atlantic |
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Ocean;
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Thence meander southerly along said Mean High Water Line |
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of the Atlantic Ocean to the South line of Township 22 |
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South, Range 38 East;
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Thence westerly along said South line to the centerline |
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of the Intracoastal Waterway of the Indian River;
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Thence northerly along said centerline to the easterly |
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projection of the centerline of Buffalo Road, in Section |
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34, Township 21 South, Range 35 East;
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Thence westerly along said centerline and its easterly |
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projection to the centerline of North Washington |
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Avenue(U.S. Highway #1);
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Thence southerly along said centerline to the centerline |
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of Malinda Lane;
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Thence westerly along said centerline to the East line of |
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the W 1/4 of Section 33, Township 21 South, Range 35 |
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East;
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Thence southerly along said east line to the centerline |
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of Garden Street (State Road 406);
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Thence easterly along said centerline to the centerline |
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of Park Avenue (Old State Road 405);
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Thence southerly along said centerline to the centerline |
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of Barna Avenue;
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Thence southerly along said centerline to the centerline |
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of Harrison Street;
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Thence easterly along said centerline to the centerline |
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of the Florida East Coast Railway;
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Thence southerly along said centerline to the centerline |
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of Cheney Highway (State Road 50);
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Thence westerly along said centerline to the centerline |
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of Rosehill Avenue, in Section 22, Township 22 South, |
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Range 35 East;
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Thence northerly along said centerline to the centerline |
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of Knox McRae Drive;
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Thence northwesterly along said centerline to the |
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centerline of Barna Avenue;
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Thence southerly along said centerline to the centerline |
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of Cheney Highway (State Road 50);
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Thence westerly along said centerline to the centerline |
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of the St. Johns River, also being the county line |
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between Brevard and Orange Counties;
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Thence meander northerly along said centerline of the St. |
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Johns River to the intersection of the Volusia, Brevard, |
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Orange and Seminole County lines, said point also lying |
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on the South line of Township 21 South, Range 33 East;
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Thence easterly along said South line of Township 21 |
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South, also being the county line between Brevard and |
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Volusia Counties, to the East line of Range 33 East;
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Thence northerly along said East line, also being the |
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county line between Brevard and Volusia Counties, to the |
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North line of Township 20 South, also being the Northwest |
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corner of Brevard County;
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Thence easterly along said North Township line to the |
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point of beginning.
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(b) District 2: Beginning at the intersection of |
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the easterly projection of Buffalo Road, in Section 34, |
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Township 21 South, Range 35 East and the centerline of |
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the Intracoastal Waterway of the Indian River;
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Thence southerly along said centerline to easterly |
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projection of the centerline of Kings Highway;
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Thence westerly along said centerline to the centerline |
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of Grissom Parkway (Tulsa Boulevard);
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Thence southerly along said centerline to the centerline |
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of Ranch Road;
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Thence westerly along said centerline to the centerline |
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of Interstate 95;
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Thence southerly along said centerline to the centerline |
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of Fay Boulevard;
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Thence easterly along said centerline to the centerline |
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of the Florida East Coast Railway;
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Thence southerly along said centerline to the centerline |
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of Broadway Boulevard, in Section 25, Township 23 South, |
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Range 35 East;
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Thence easterly along said centerline and its easterly |
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projection to the centerline of the Intracoastal Waterway |
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of the Indian River;
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Thence southerly along said centerline to the centerline |
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of the Beeline Expressway (State Road 528);
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Thence westerly along said centerline to the East line of |
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Section 13, Township 24 South, Range 35 East;
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Thence southerly along said east line to the North right |
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of way line of North Road;
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Thence northwesterly along said right of way line to the |
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West line of Cocoa North Subdivision, Unit 1, as recorded |
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in Plat Book 21 page 3, Public Records of Brevard County, |
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Florida;
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Thence southerly along said West line to the North right |
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of way line of London Boulevard;
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Thence westerly along said North right of way line to the |
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West line of Cocoa North Subdivision, Unit 2, as record |
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in Plat Book 21 page 10, Public Records of Brevard |
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County, Florida;
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Thence northeasterly, northwesterly, westerly, and |
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northerly along said West line to the South line of N 1/4 |
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of said Section 13, Township 24 South, Range 35 East, |
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said point also being the North line of Cocoa North |
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Subdivision, Unit 4, as recorded in Plat Book 26 page 44, |
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Public Records of Brevard County, Florida;
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Thence westerly along said South line to the North-South |
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midsection line of said Section 13;
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Thence southerly along said North-South midsection line |
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to the East-West midsection line of said Section 13;
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Thence westerly along said East-West midsection line(said |
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line also being the North line of Cocoa North |
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Subdivision, Unit 8, as recorded in Plat Book 31 page 65, |
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Public Records of Brevard County, Florida) the to the |
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centerline of Cox Road;
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Thence southerly along said centerline to the North line |
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of the S 1/4 of the S 1/2 of the NE 1/4 of the NE 1/4 of |
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Section 23, Township 24 South, Range 35 East;
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Thence westerly along said North line to the West line of |
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the NE 1/4 of the NE 1/4 of said Section 23;
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Thence southerly along said West line to the South line |
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of the N 1/4 of said Section 23;
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Thence westerly along said South line to the North-South |
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Midsection line of said Section 23;
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Thence southerly along said North-South Midsection line |
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to the East-West Midsection line of said Section 23;
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Thence easterly along said East-West Midsection line to |
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the centerline of State Road 524;
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Thence northeasterly along said centerline to the |
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centerline of Cox Road;
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Thence southerly along said centerline to the centerline |
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of Lake Drive;
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Thence easterly along said centerline to the centerline |
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of Clearlake Road (State Road 501);
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Thence southerly along said centerline to the centerline |
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of Pluckebaum Road;
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Thence westerly along said centerline to the centerline |
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of Interstate 95;
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Thence southeasterly along said centerline to the |
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centerline of Rockledge Creek;
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Thence westerly along said centerline and its westerly |
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projection to the centerline of Lake Poinsett;
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Thence meander westerly along said centerline to the |
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southwesterly projection of the centerline of State Road |
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524;
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Thence northeasterly along said centerline and its |
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southwesterly projection to the centerline of State Road |
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520;
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Thence westerly along said centerline to the centerline |
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of the St. Johns River, also being the county line |
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between Brevard and Orange Counties;
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Thence meander northerly along said centerline to the |
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centerline of Cheney Highway (State Road 50)
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Thence easterly along said centerline to the centerline |
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of Barna Avenue;
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Thence northerly along said centerline to the centerline |
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of Knox McRae Avenue;
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Thence southeasterly along said centerline to the |
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centerline of Rosehill Avenue, in Section 22, Township 22 |
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South, Range 35 East;
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Thence southerly along said centerline to the centerline |
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of Cheney Highway (State Road 50);
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Thence easterly along said centerline to the centerline |
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of the Florida East Coast Railway;
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Thence northerly along said centerline to the centerline |
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of Harrison Street;
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Thence westerly along said centerline to the centerline |
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of Barna Avenue;
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Thence northerly along said centerline to the centerline |
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of Park Avenue (Old State Road 405);
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Thence northerly along said centerline to the centerline |
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of Garden Street (State Road 406);
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Thence westerly along said centerline to the East line of |
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the W 1/4 of Section 33, Township 21 South, Range 35 East
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Thence northerly along said east line to the centerline |
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of Malinda Lane;
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Thence easterly along said centerline to the centerline |
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of North Washington Avenue (U.S. Highway #1);
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Thence northerly along said centerline to the centerline |
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of Buffalo Road, in Section 33, Township 21 South, Range |
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35 East;
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Thence easterly along said centerline and its easterly |
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projection to the point of beginning.
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(c) District 3: Beginning at the intersection of |
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the centerline of the Intracoastal Waterway of the Indian |
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River and the centerline of the Beeline Expressway (State |
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Road 528);
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Thence southerly along said centerline of the |
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Intracoastal Waterway to the South line of Township 25 |
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South;
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Thence westerly along said South line to the West line of |
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Range 35 East, also being the county line between Osceola |
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and Brevard Counties;
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Thence northerly along said West line intersection of the |
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Brevard, Orange and Osceola County lines;
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Thence northerly along said Brevard and Orange County |
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line to the centerline of State Road 520;
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Thence easterly along said centerline to the centerline |
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of State Road 524;
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Thence southwesterly along said centerline and its |
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southwesterly projection to the centerline of Lake |
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Poinsett;
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Thence easterly along said centerline to the westerly |
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projection of the centerline of Rockledge Creek;
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Thence easterly along said centerline and its westerly |
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projection to the centerline of Interstate 95;
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Thence northwesterly along said centerline to the |
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centerline of Pluckebaum Road;
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Thence easterly along said centerline to the centerline |
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of Clearlake Road (State Road 501);
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Thence northerly along said centerline to the centerline |
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of Lake Drive;
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Thence westerly along said centerline to the centerline |
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of Cox Road;
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Thence northerly along said centerline to the centerline |
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of State Road 524;
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Thence southwesterly along said centerline to the East- |
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West Midsection line of Section 23, Township 24 South, |
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Range 35 East;
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Thence westerly along said East-West Midsection line to |
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the North-South Midsection line of said Section 23;
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Thence northerly along said North-South Midsection line |
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to the South line of the N 1/4 of said Section 23;
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Thence easterly along said South line to the West line of |
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the NE 1/4 of the NE 1/4 of said Section 23;
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Thence northerly along said West line to the North line |
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of the S 1/4 of the S 1/2 of the NE 1/4 of the NE 1/4 of |
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said Section 23;
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Thence easterly along said North line to the centerline |
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of Cox Road;
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Thence northerly along said centerline to the East-West |
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Midsection line of Section 13, Township 24 South, Range |
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35 East;
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Thence easterly along said East-West Midsection line to |
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the North-South Midsection line of said Section 13;
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Thence northerly along said North-South Midsection line |
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to the South line of the N 1/4 of said Section 13, said |
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line also being the North line of Cocoa North |
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Subdivision, Unit 4, as recorded in Plat Book 26 page 44, |
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Public Records of Brevard County, Florida;
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Thence easterly along said South line to the West line of |
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Cocoa North Subdivision, Unit 2, as recorded in Plat Book |
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21 page 10, Public Records of Brevard County, Florida;
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Thence southerly, easterly, southeasterly and |
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southwesterly along said West line to the North right of |
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way line of London Boulevard;
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Thence easterly along said North right of way line to the |
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West line of Cocoa North Subdivision, Unit 1, as recorded |
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in Plat Book 21 page 3, Public Records of Brevard County, |
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Florida;
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Thence northerly along said West line and its northerly |
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projection to the North right of way line of North road;
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Thence southeasterly along said North right of way line |
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to the East line of Section 13, Township 24 South, Range |
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35 East;
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Thence northerly along said East line to the centerline |
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of the Beeline Expressway (State Road 528)
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Thence westerly along said centerline to the point of |
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beginning.
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(d) District 4: Beginning at the intersection of |
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the South line of Township 22 South, Range 38 East and |
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the Mean High Water Line of the Atlantic Ocean;
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Thence southerly along said Mean High Water Line to the |
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centerline of the Canaveral Port Authority Main Channel;
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Thence westerly along said centerline to the centerline |
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of the Banana River;
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Thence southerly along said centerline to the easterly |
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projection of the centerline of Morningside Drive, in |
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Section 30, Township 24 South, Range 37 East;
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Thence westerly along said easterly projection and |
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centerline to the centerline of North Banana River Drive;
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Thence northerly along said centerline to the South line |
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of Surfside Estates, Unit 1, as recorded in Plat Book 16 |
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page 65, Public Records of Brevard County, Florida;
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Thence westerly along said South line and its westerly |
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projection to the centerline of Sykes Creek;
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Thence southerly along said centerline to the centerline |
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of Merritt Island Causeway (State Road 520);Thence |
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westerly along said centerline to the centerline of |
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Plumosa Street;
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Thence northerly along said centerline to the centerline |
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of LeJeune Boulevard;
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Thence northwesterly along said centerline to the |
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centerline of Palmetto Avenue;
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Thence northeasterly along said centerline to the |
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centerline of East Merritt Avenue;
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Thence westerly along said centerline to the centerline |
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of Fourth Street;
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Thence northerly along said centerline to the centerline |
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of Alabama Avenue;
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Thence westerly along said centerline to the centerline |
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of Fourth Place;
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Thence northerly along said centerline to the centerline |
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of Needle Boulevard;
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Thence westerly along said centerline to the centerline |
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of North Courtenay Parkway;
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Thence southerly along said centerline to the centerline |
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of Merritt Avenue;
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Thence westerly along said centerline and its westerly |
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projection to the centerline of the Intracoastal Waterway |
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of the Indian River;
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Thence northerly along said centerline to the easterly |
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projection of the centerline of Broadway Boulevard, in |
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Section 30, Township 23 South, Range 36 East;
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Thence westerly along said easterly projection and |
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centerline to the centerline of the Florida East Coast |
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Railway;
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Thence northerly along said centerline to the centerline |
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of Fay Boulevard;
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Thence westerly along said centerline to the centerline |
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of Interstate 95;
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Thence northerly along said centerline to the centerline |
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of Ranch Road;
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Thence easterly along said centerline to the centerline |
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of Grissom Parkway (Tulsa Highway);Thence northerly along |
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said centerline to the centerline of Kings Highway;
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Thence easterly along said centerline and its easterly |
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projection to the centerline of the Intracoastal Waterway |
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of the Indian River;
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Thence northerly along said centerline to the South line |
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of Township 22 South;
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Thence easterly along said South line to the point of |
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beginning.
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(e) District 5: Beginning at the intersection of |
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the centerline of the Canaveral Port Authority Main |
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Channel and the Mean High Water Line of the Atlantic |
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Ocean;
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Thence meander southerly along said Mean High Water Line |
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to the North line of Patrick Air Force Base, also being |
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the South line of Orlando Beach Subdivision as recorded |
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in Plat Book 9 page 43, Public Records of Brevard County, |
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Florida, in Section 35, Township 25 South, Range 37 East;
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Thence westerly along said North line to the centerline |
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of the Banana River;
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Thence southerly along said centerline to the South line |
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of Township 25 South;
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Thence westerly along said South line to the centerline |
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of the Intracoastal Waterway of the Indian River;
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Thence northerly along said centerline to the westerly |
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projection of the centerline of West Merritt Avenue, said |
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line also being the North line of Section 34, Township 24 |
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South, Range 36 East;
|
395
|
Thence easterly along said westerly projection and |
396
|
centerline to the centerline of North Courtenay Parkway;
|
397
|
Thence northerly along said centerline to the centerline |
398
|
of Needle Boulevard;
|
399
|
Thence easterly along said centerline to the centerline |
400
|
of Fourth Place;
|
401
|
Thence southerly along said centerline to the centerline |
402
|
of Alabama Avenue;
|
403
|
Thence easterly along said centerline to the centerline |
404
|
of Fourth Street;
|
405
|
Thence southerly along said centerline to the centerline |
406
|
of East Merritt Avenue;
|
407
|
Thence easterly along said centerline to the centerline |
408
|
of Palmetto Avenue;
|
409
|
Thence southwesterly along said centerline to the |
410
|
centerline of LeJeune Boulevard;
|
411
|
Thence southeasterly along said centerline to the |
412
|
centerline of Plumosa Street
|
413
|
Thence southerly along said centerline to the centerline |
414
|
of Merritt Island Causeway (State Road 520);
|
415
|
Thence easterly along said centerline to the centerline |
416
|
of Sykes Creek;
|
417
|
Thence meander northerly along said centerline to the |
418
|
westerly projection of the South line of Surfside |
419
|
Estates, Unit 1, as recorded in Plat Book 16 page 65, |
420
|
Public Records of Brevard County, Florida;
|
421
|
Thence easterly along said westerly projection and South |
422
|
line to the centerline of North Banana River Drive;
|
423
|
Thence southerly along said centerline to the centerline |
424
|
of Morningside Drive, in Section 30, Township 24 South, |
425
|
Range 37 East;
|
426
|
Thence easterly along said centerline and its easterly |
427
|
projection to the centerline of the Banana River;
|
428
|
Thence northerly along said centerline to the centerline |
429
|
of the Canaveral Port Authority Main Channel;
|
430
|
Thence easterly along said centerline to the point of |
431
|
beginning.
|
432
|
|
433
|
(f) All of the aforesaid boundary lines and referenced |
434
|
points are as the same are situated and located on the date this |
435
|
provision becomes law, except that the shoreline of the Atlantic |
436
|
Ocean and channel centerlines of the waterways in said |
437
|
descriptions shall be as the same exists in fact from time to |
438
|
time.
|
439
|
Section 3. Commencing with the year 1982, and every 10 |
440
|
years thereafter, the Canaveral Port Authority by resolution |
441
|
shall divide the Canaveral Port District into five (5) |
442
|
Commissioner Port Districts of contiguous territory as nearly |
443
|
equal in population as practicable according to the duly |
444
|
registered electors in the Canaveral Port District determined by |
445
|
the elector registration rolls of the Supervisor of Elections |
446
|
for Brevard County. On or before January 15th of each decennial |
447
|
year commencing with the year 1982, the Supervisor of Elections |
448
|
for Brevard County shall transmit to the Canaveral Port |
449
|
Authority a certified statement of all elector precincts lying |
450
|
in whole or in part in the Canaveral Port District and the |
451
|
number of electors in each precinct or partial precinct in the |
452
|
Canaveral Port District according to the most recent records of |
453
|
the Supervisor of Elections prior to the submission of such |
454
|
certified statement. On or before March 5th of each such |
455
|
decennial year, the Canaveral Port Authority shall divide and |
456
|
define the boundaries of each of the five (5) Commissioner Port |
457
|
Districts based on the certified statement of elector precincts |
458
|
and number of electors submitted by the Supervisor of Elections. |
459
|
No Commissioner Port Districts shall have more than 22 percent |
460
|
or less than 18 percent of the total number of duly registered |
461
|
electors in the Canaveral Port District according to the |
462
|
certified statement of the Supervisor of Elections. On or before |
463
|
March 31st of each such decennial year, the Canaveral Port |
464
|
Authority shall deliver to the Board of County Commissioners for |
465
|
Brevard County and the Supervisor of Elections for Brevard |
466
|
County a certified copy of the resolution by the Canaveral Port |
467
|
Authority defining the boundaries of the five Commissioner Port |
468
|
Districts determined hereunder, and the Commissioner Port |
469
|
Districts so determined shall be and constitute the Commissioner |
470
|
Port Districts to and until the same are again determined |
471
|
decennially under this provision. As the five Commissioner Port |
472
|
Districts are decennially determined and defined, the same shall |
473
|
immediately supersede the previously determined and defined five |
474
|
Commissioner Port Districts.
|
475
|
Section 4. The District's charter may only be amended by |
476
|
special act of the Legislature.
|
477
|
ARTICLE II. Definitions
|
478
|
Section 1. All references herein to "Harbor District" or |
479
|
"Port District" shall be deemed to mean Canaveral Port District, |
480
|
situated in Brevard County as described in Article I; and all |
481
|
references herein to "Harbor Commissioners," "Port |
482
|
Commissioners," or "Port Authority" shall be deemed to mean the |
483
|
Canaveral Port Authority, the governing body of the Canaveral |
484
|
Port District. All references herein to "Harbor Commissioners" |
485
|
or "Port Commissioners" shall be deemed to mean qualified |
486
|
commissioners or members constituting the Canaveral Port |
487
|
Authority. All references herein to "Port Canaveral" or "Port" |
488
|
shall be deemed to mean the Port of Canaveral, Brevard County, |
489
|
including the main entrance channels, turning basins, slips, and |
490
|
jetties, and including also all lands abutting on the navigable |
491
|
waters of said port.
|
492
|
ARTICLE III. Governing Authority
|
493
|
Section 1. The governing authority of said Canaveral Port |
494
|
District shall be known as the Canaveral Port Authority. Said |
495
|
Canaveral Port Authority as a body politic and body corporate is |
496
|
deemed a political subdivision of the State of Florida within |
497
|
the meaning of sovereign immunity from taxation; it shall have |
498
|
perpetual existence; it may adopt and use a common seal and |
499
|
alter the same; it may contract and be contracted with; it may |
500
|
sue in its corporate name in any of the courts in the several |
501
|
states and in the courts of the United States, and may be sued |
502
|
only in the courts of the state and the courts of the United |
503
|
States for the Southern District of the state, or in such other |
504
|
District Court of the United States to which Brevard County may |
505
|
hereafter be transferred.
|
506
|
ARTICLE IV. General Grant of Powers
|
507
|
The Canaveral Port Authority, governing body of the |
508
|
Canaveral Port District, shall have additional powers as |
509
|
follows:
|
510
|
Section 1. To acquire by grant, purchase, gift, devise, |
511
|
condemnation, or in any other manner, all property, real or |
512
|
personal, or any estate or interest therein, within said |
513
|
Canaveral Port District, which by resolution the said port |
514
|
authority shall determine to be necessary for the purposes of |
515
|
said Canaveral Port District; said determination shall be |
516
|
conclusive, except in cases of fraud or gross abuse of |
517
|
discretion; and to improve, maintain, lease, mortgage, or |
518
|
otherwise encumber the same, or any part thereof, or any |
519
|
interest or estate therein, and to sell, convey, and deliver the |
520
|
legal title to certain land to an agency of Florida for |
521
|
rights-of-way for a public toll highway between Port Canaveral, |
522
|
Brevard County, and United States Highway No. 1 near City Point, |
523
|
Brevard County; with right of reversion of said land upon |
524
|
abandonment thereof by nonuser, or, in the event such public |
525
|
toll highway be not constructed, whichever is sooner; and upon |
526
|
such conditions as said Port Authority shall fix and determine, |
527
|
as hereinafter provided; and said determination shall be deemed |
528
|
conclusive, except in case of fraud or gross abuse of |
529
|
discretion.
|
530
|
Section 2. To lay out, construct, condemn, purchase, own, |
531
|
mortgage, add to, maintain, conduct, operate, build, equip, |
532
|
manage, replace, enlarge, improve, regulate, control, repair, |
533
|
fix, and establish jetties, piers, quays, wharves, docks, |
534
|
warehouses, storehouses, breakwaters, bulkheads, public |
535
|
landings, slips, seawalls, turning basins, harbors, ports, |
536
|
waterways, channels, moles, bridges, catwalks, ferries and |
537
|
causeways, drydocks, terminal facilities, canals, elevators, |
538
|
grain bins, cold storage plants, icing plants and their |
539
|
distribution, refrigerating plants, pre-cooling plants, bunkers, |
540
|
oil tanks, pipelines, locks, tidal basins, subways, tramways, |
541
|
cableways, anchorage areas, depots, areas for abandoned or |
542
|
derelict ships, barges, or other craft, airways, landing fields, |
543
|
conveyors, modern appliances for economic handling, storing, and |
544
|
transportation of freight and the handling of passenger traffic, |
545
|
systems of fresh water supply, electric and steam generating |
546
|
stations and plants and distribution systems therefor, sewage |
547
|
systems and sewage disposal and treatment plants, telegraph and |
548
|
telephone systems and lines, buried or on poles, gas lines and |
549
|
distribution systems therefor for servicing the lands, |
550
|
properties and facilities now or hereafter owned, acquired, or |
551
|
controlled by lease, franchise, or otherwise, by Canaveral Port |
552
|
District or the Canaveral Port Authority and any and all areas |
553
|
adjacent thereto, radio broadcasting stations and facilities, |
554
|
parking lots and areas for off-street or off-road parking of |
555
|
motor vehicles, barge lines, truck lines, steamship lines, |
556
|
shipping lines, roads and railroads, within and without the |
557
|
territorial limits of Canaveral Port District, and all other |
558
|
harbor and harbor area improvements and facilities which the |
559
|
Port Authority may determine to be necessary, feasible, and |
560
|
advantageous; and in connection with the operation, improvement, |
561
|
and maintenance of said port, to perform all customary services, |
562
|
including the handling, weighing, measuring, regulation, |
563
|
control, inspection, and reconditioning of all commodities and |
564
|
cargo received or shipped through said port.
|
565
|
Section 3. To exercise control over Port Canaveral, |
566
|
Brevard County, and any and all parts thereof; to apply to |
567
|
proper authorities of the United States Government for the right |
568
|
to establish, operate, and maintain a Foreign Trade Zone within |
569
|
the limits of Brevard County and to establish, operate, and |
570
|
maintain such Foreign Trade Zone; to apply for and obtain |
571
|
permission from the United States Government to create, improve, |
572
|
regulate, and control all waters, and natural or artificial |
573
|
waterways within said Port Canaveral; to improve all navigable |
574
|
and non-navigable waters situated within said Canaveral Port |
575
|
District necessary or useful to the operation, improvement, and |
576
|
maintenance of Port Canaveral; to construct, improve, and |
577
|
maintain such inlets, slips, turning basins, and channels; to |
578
|
make and give to the United States Government such guarantees |
579
|
upon such terms and conditions as may be required; and to enact, |
580
|
adopt, and establish rules and regulations for the complete |
581
|
exercise of jurisdiction and control over all of said lands and |
582
|
waters of said Port Canaveral within said Canaveral Port |
583
|
District.
|
584
|
Section 4. To fix uniform rates of wharfage, dockage, |
585
|
pilotage, warehousing, storage, port, and terminal charges upon |
586
|
all harbor facilities and improvements located within said Port |
587
|
District, whether owned by said Port Authority or otherwise, and |
588
|
to fix and determine the rates, commissions, rentals, tolls, and |
589
|
other charges for the use of harbor and area facilities and |
590
|
improvements located within said Port District insofar as it may |
591
|
be permissible for said Port Authority to do so under the |
592
|
Constitution and laws of the State of Florida and under the |
593
|
Constitution and laws of the United States of America.
|
594
|
Section 5. To exercise such police powers as the Port |
595
|
Authority shall determine to be necessary for the effective |
596
|
control, regulation, and protection of Port Canaveral and for |
597
|
the effective exercise of jurisdiction over said port.
|
598
|
Section 6. To grant franchises to any person, firm, or |
599
|
corporation to construct, establish, operate, replace, repair, |
600
|
fix, enlarge, maintain, improve, equip, manage, acquire, and |
601
|
control jetties, piers, quays, wharves, docks, warehouses, |
602
|
storehouses, breakwaters, bulkheads, public landings, slips, |
603
|
seawalls, turning basins, harbors, ports, waterways, channels, |
604
|
moles, bridges, catwalks, ferries, roads and causeways, |
605
|
drydocks, terminal facilities, canals, elevators, grain bins, |
606
|
cold storage plants, icing plants and their distribution, |
607
|
refrigeration plants, pre-cooling plants, bunkers, oil tanks, |
608
|
pipelines, locks, tidal basins, subways, tramways, cableways, |
609
|
anchorage areas, depots, areas for abandoned ships, barges, or |
610
|
other craft, airways, landing fields, conveyors, modern |
611
|
appliances for economic handling, storing, and transportation of |
612
|
freight and the handling of passenger traffic, systems of fresh |
613
|
water supply, electric and steam generating stations and plants |
614
|
and distribution systems therefor, sewage systems and sewage |
615
|
disposal and treatment plants, telegraph and telephone systems |
616
|
and lines, buried or on poles, gas lines and distribution |
617
|
systems therefor for servicing the lands, properties, and |
618
|
facilities now or hereafter owned, acquired, or controlled by |
619
|
lease, franchise, or otherwise by Canaveral Port District or the |
620
|
Canaveral Port Authority, and any and all areas adjacent |
621
|
thereto, radio broadcasting stations and facilities, parking |
622
|
lots and areas for off-street or off-road parking of motor |
623
|
vehicles, barge lines, truck lines, steamship lines, shipping |
624
|
lines, roads and railroads within and without the territorial |
625
|
limits of the Canaveral Port District, and other harbor and |
626
|
harbor area improvements and facilities which the Port Authority |
627
|
may determine to be necessary, feasible, and advantageous; and |
628
|
in connection with the operation, improvement, and maintenance |
629
|
of said port, to perform all customary services, including the |
630
|
handling, weighing, measuring, regulation, control, inspection, |
631
|
and reconditioning of all commodities and cargo received or |
632
|
shipped through said port in the exercise of such franchise. |
633
|
Nothing in this section shall be construed to limit the right of |
634
|
the Port Authority to construct, maintain, and operate the port |
635
|
facilities, as provided in section 2 of this article.
|
636
|
Section 7. To enter into such contract, lease, or |
637
|
franchise with any common carrier or carriers and their |
638
|
respective successors and assigns as the Port Authority shall |
639
|
determine to be necessary for the development, improvement, and |
640
|
promotion of the transportation and warehousing facilities of |
641
|
Port Canaveral and the development, improvement, and promotion |
642
|
of Port Canaveral; to acquire by grant, purchase, gift, devise, |
643
|
condemnation, exchange, or in any other manner all land, |
644
|
easements, and rights of property deemed necessary or |
645
|
advantageous by the Port Authority for such purposes; to execute |
646
|
whatever arrangements, by contract or otherwise, may be |
647
|
necessary in the opinion of the Interstate Commerce Commission |
648
|
to perform and comply with all rules and regulations promulgated |
649
|
by the Interstate Commerce Commission or any other state or |
650
|
federal agency covering the operation, maintenance, improvement, |
651
|
development, and ownership of the transportation and warehousing |
652
|
facilities used in connection with Port Canaveral.
|
653
|
Section 8. To levy, assess, collect, and enforce ad |
654
|
valorem taxes upon all of the real and personal property in the |
655
|
Canaveral Port District for the purpose of defraying operating, |
656
|
maintenance, and general administration expenses and other |
657
|
necessary expenses incurred for the improvement of the port |
658
|
facilities, and for the purchase of rights-of-way, of said |
659
|
Canaveral Port Authority and Canaveral Port District, provided |
660
|
that such levy shall not exceed 3 mills on the dollar in any one |
661
|
year on the total assessed valuation of all taxable property |
662
|
within said Canaveral Port District for such year; and the Port |
663
|
Authority is authorized and empowered to issue its promissory |
664
|
note or notes at the rate of interest, maturity, terms, and |
665
|
conditions as directed by the Canaveral Port Authority, signed |
666
|
in the name of the Canaveral Port Authority by the Chair and the |
667
|
Secretary and the corporate seal affixed thereto, and the funds |
668
|
derived therefrom to be used for the payment of operating, |
669
|
maintenance, and general administration expenses, and for the |
670
|
purchase of right-of-way, against or to be repaid from the |
671
|
anticipated revenues to be derived from the said 3 mill ad |
672
|
valorem tax, previously levied and assessed.
|
673
|
Section 9. To create and designate such offices, |
674
|
departments, and divisions, other than those herein specifically |
675
|
provided for, as the said Port Authority may determine to be |
676
|
necessary; to prescribe the duties and compensation of such |
677
|
officers and employees; to employ an attorney for the Port |
678
|
Authority; and to fix and determine the compensation and duties |
679
|
of said attorney. The term of office of said attorney and all |
680
|
appointees and employees shall be at the pleasure of the Port |
681
|
Authority.
|
682
|
Section 10. To make rules and regulations consistent with |
683
|
the Constitution and laws of the State of Florida, and with the |
684
|
Constitution and laws of the United States of America, for the |
685
|
promotion and conduct of navigation, commerce, and industry in |
686
|
said Port Canaveral. Said rules and regulations shall be |
687
|
reasonable and shall apply uniformly to all similarly situated.
|
688
|
Section 11. To make rules and regulations governing the |
689
|
course, conduct, movement, stationing and restationing, berthing |
690
|
and reberthing, fueling and refueling, loading, unloading, and |
691
|
reloading, docking, storing, mooring, and anchoring of ships, |
692
|
vessels, crafts, barges, skiffs, and boats within said Port |
693
|
Canaveral and the navigable waters over which the said Port |
694
|
Authority has jurisdiction; to remove all obstacles to |
695
|
navigation, commerce, and industry in the waters of said Port |
696
|
Canaveral and the navigable waters over which the said Port |
697
|
Authority has jurisdiction; however, this power can only be |
698
|
exercised within navigable waters, entrance channels, turning |
699
|
basins, and slips in the waters of the said port.
|
700
|
Section 12. To prescribe, fix, and establish fines, |
701
|
penalties, and punishment for the violation of the rules and |
702
|
regulations of said Port Authority and to enforce such fines, |
703
|
penalties, and punishments in such manner as the Port Authority |
704
|
may by resolution determine. All fines and penalties so imposed |
705
|
or levied shall be recoverable in the name of the Canaveral Port |
706
|
Authority in any court of the state having jurisdiction over the |
707
|
amount involved and shall inure and belong to said Port |
708
|
Authority.
|
709
|
Section 13. To enter into any contract with the Government |
710
|
of the United States, or any agency thereof, which may be |
711
|
necessary in order to procure assistance, appropriations, |
712
|
grants, gifts, and aid for the deepening, widening, and |
713
|
extending of channels and turning basins and the building, |
714
|
construction, and maintenance of slips, wharves, breakwaters, |
715
|
jetties, bulkheads, facilities, and any and all other port |
716
|
improvements and facilities. To convey fee simple title to |
717
|
lands to the United States Government for a United States Coast |
718
|
Guard facility, to meet the requirements of local interests and |
719
|
for other advisable port interests; with right of reversion of |
720
|
said land in the event the same is either not used for said |
721
|
purpose within 5 years after conveyance or there is an |
722
|
abandonment of such use for 5 years. |
723
|
Section 14. To exercise the right of eminent domain and to |
724
|
condemn, appropriate, and acquire any property, both real and |
725
|
personal, and any interest or estate therein which by resolution |
726
|
the Port Authority shall determine to be necessary for the |
727
|
deepening, widening, and extending of the channels, turning |
728
|
basins, roads, and railroads and the building and construction |
729
|
of slips, wharves, sheds, warehouses, breakwaters, jetties, |
730
|
bulkheads, and any and all other port improvements and |
731
|
facilities, said determination shall be conclusive, except in |
732
|
the case of fraud or gross abuse of discretion; such |
733
|
condemnation proceeding shall be exercised in the manner |
734
|
provided in sections 73.01, 73.011, 73.02 through 73.12, 73.14, |
735
|
73.15, 73.17, 73.18, and 73.20, Florida Statutes, 1951, and acts |
736
|
amendatory and supplementary thereto; and pursuant to the |
737
|
following additional provisions, to-wit:
|
738
|
(a) The Port Authority, if satisfied with the verdict |
739
|
rendered in a condemnation proceeding, shall, within 30 days |
740
|
after the rendition of the judgment, file in the court in which |
741
|
said proceeding was instituted its written acceptance of the |
742
|
verdict and judgment and shall pay into court the compensation |
743
|
ascertained by the jury. The court having jurisdiction of said |
744
|
condemnation proceedings shall have the power to extend the time |
745
|
within which said award shall be paid, not to exceed 18 months |
746
|
from the date of the rendition of the judgment. Such award shall |
747
|
bear interest at the rate of 6 percent per annum during such |
748
|
extended period of time.
|
749
|
(b) The Port Authority shall defray the cost of |
750
|
proceedings necessary to effectuate the purposes of this |
751
|
section, provided that the Port Authority shall not be held |
752
|
liable for costs in any action brought by any person or |
753
|
plaintiff, unless the decision of the court shall be in favor of |
754
|
such person or plaintiff, and in such case the court shall |
755
|
determine and specify the costs which are to be paid by the said |
756
|
Port Authority.
|
757
|
Section 15. To borrow money as herein provided.
|
758
|
Section 16. (a) The Port Authority shall have the power |
759
|
and authority to execute and deliver all contracts, deeds, |
760
|
leases, mortgages, promissory notes, franchises, assignments, |
761
|
releases, and all other instruments necessary and convenient to |
762
|
carry out the powers herein expressly or impliedly conferred, |
763
|
all of which shall be executed in the name of the Canaveral Port |
764
|
Authority and signed by the Chair and the Secretary thereof and |
765
|
its corporate seal affixed thereto; all checks and vouchers for |
766
|
the disbursement of funds of the Port Authority shall be |
767
|
executed in the manner and form as prescribed by the Port |
768
|
Authority.
|
769
|
(b) The Port Authority shall have the power and authority |
770
|
by majority vote at any regular meeting to lease the lands, |
771
|
personal properties, and facilities for period not to exceed 10 |
772
|
years; or to encumber personal properties and facilities for not |
773
|
more than $10,000, and for a period not to exceed 5 years, to |
774
|
secure the note or notes of the Port Authority authorized under |
775
|
subsection (a) of said article and section, upon such terms and |
776
|
conditions as the Port Authority shall determine.
|
777
|
(c) Any lease of the lands, personal properties, or |
778
|
facilities of the Port Authority for a period of more than 10 |
779
|
years, or any encumbrance of the personal properties or |
780
|
facilities of the Port Authority for more than $10,000, and for |
781
|
a period of more than 5 years, shall be first advertised in a |
782
|
newspaper of general circulation published within the Canaveral |
783
|
Port District for 15 days by three consecutive weekly |
784
|
publications, stating the terms and the amount to be paid and |
785
|
particularly describing the lands, personal properties, or |
786
|
facilities to be leased or encumbered, except where it is |
787
|
proposed to lease or to encumber such properties in favor of a |
788
|
governmental agency, and provided that in the event a petition |
789
|
is filed within 30 days after said advertisement is published, |
790
|
signed by 10 percent of the qualified electors residing within |
791
|
the Canaveral Port District and therein requesting that the |
792
|
question of leasing of the lands or of encumbering of the said |
793
|
personal properties or facilities be decided by an election |
794
|
called for that purpose. It will then be the duty of the Port |
795
|
Authority to call an election to be held within the territory |
796
|
constituting the Canaveral Port District, for the purpose of |
797
|
determining whether or not said lease or said encumbrance as |
798
|
described in said advertisement shall be executed. Said election |
799
|
shall be held as provided in this act. If no such petition be |
800
|
filed, then the lease or the encumbrance may be executed by the |
801
|
Port Authority forthwith.
|
802
|
Section 17. To regulate the speed, operation, docking, |
803
|
storing, and conduct of all water craft of any kind plying or |
804
|
using the waterways within said port and over which the Port |
805
|
Authority has jurisdiction; however, this power shall be |
806
|
exercised only within navigable waters, entrance channels, |
807
|
turning basins, and slips in the waters of the port.
|
808
|
Section 18. To appoint a Pilot Commission consisting of |
809
|
three or more members as the Port Authority may determine, a |
810
|
Harbor-Master, a Deputy Harbor-Master, stevedores, longshoremen, |
811
|
and all other persons necessary to properly transact the |
812
|
shipping business at said port and to fix their powers, duties, |
813
|
and compensation. The Port Authority is granted the power to |
814
|
license stevedores as independent contractors for hire, and to |
815
|
fix the terms and conditions of such licenses and to determine |
816
|
the fees to be charged, to serve at the pleasure of the Port |
817
|
Authority, unless terminated sooner by the licenses. The Port |
818
|
Authority shall serve as a Pilot Commission until a Pilot |
819
|
Commission shall be appointed.
|
820
|
Section 19. (a) The Port Authority shall have the power |
821
|
to borrow money from any state or federal agency or agencies, |
822
|
private party or parties, and to secure the payment of the same |
823
|
by the issuance of revenue certificates or revenue bonds (which |
824
|
shall bear such denomination and be in such form as shall be |
825
|
required by the Canaveral Port Authority), for the purpose of |
826
|
carrying out any of the powers, projects, or purposes of the |
827
|
Port Authority or Port District, or for the purpose of providing |
828
|
funds to be used in the construction, operation, maintenance, |
829
|
expansion, promotion, or repair of harbor facilities, and |
830
|
improvements at Port Canaveral or for the purpose of deepening, |
831
|
widening, constructing, or repairing of slips, channels, turning |
832
|
basins, bulkheads, seawalls, jetties, breakwaters, warehouses, |
833
|
or wharves at Canaveral Port, or for the purpose of |
834
|
constructing, maintaining, or repairing platforms, railroads, |
835
|
and railroad facilities, and serve as common carriers; to |
836
|
construct, maintain, and repair streets, roads, or avenues |
837
|
surrounding or adjacent to Canaveral Port; provided that such |
838
|
revenue certificates or revenue bonds hereby authorized to be |
839
|
issued and outstanding shall not bear a higher rate of interest |
840
|
than provided by general law which shall be payable |
841
|
semiannually.
|
842
|
(b) The Port Authority is hereby authorized to secure said |
843
|
revenue certificates or revenue bonds by a pledge of the |
844
|
revenues of the port project, including revenues from all or any |
845
|
part of the facilities connected therewith, owned and operated |
846
|
by the Port Authority and in addition thereto, said revenue |
847
|
certificates or revenue bonds may be secured by a lien on all or |
848
|
any part of the personal properties of the Authority or the |
849
|
District or the income derived therefrom, including the full |
850
|
faith and credit of said Port District. Real property is |
851
|
expressly excluded.
|
852
|
(c) The issuance of said revenue bonds shall be authorized |
853
|
by resolution of the Port Authority, which resolution may be |
854
|
adopted at any regular meeting by a vote of a majority of the |
855
|
members thereof. The revenue certificates or revenue bonds |
856
|
issued hereunder shall bear such rate or rates of interest not |
857
|
exceeding that provided by general law; may be in one or more |
858
|
series; may bear such date or dates; may mature at such time or |
859
|
times not exceeding 30 years after their respective dates, in |
860
|
such medium of payment, at such place or places; may carry such |
861
|
registration privileges; may be subject to such terms of |
862
|
redemption; may be in such form or forms; and may be executed in |
863
|
such manner and contain such terms and conditions as the Port |
864
|
Authority may prescribe. The revenue certificates or revenue |
865
|
bonds herein provided for may be issued by the Port Authority |
866
|
upon the Authority first adopting an appropriate resolution |
867
|
authorizing such issuance and without the question of issuing |
868
|
said revenue certificates or revenue bonds being first |
869
|
authorized by an election held for such purpose, provided that |
870
|
the amount to be issued and the purpose for which issued shall |
871
|
be advertised for at least 30 days prior thereto by publication |
872
|
in a newspaper published in said District, which notice shall be |
873
|
published in 3 weekly issues of said paper.
|
874
|
Section 20. (a) The Port Authority is hereby further |
875
|
authorized and empowered to issue revenue certificates or |
876
|
revenue bonds authorized in section 19 of this act, supported by |
877
|
an ad valorem tax, to be assessed against all the taxable |
878
|
properties within the Port District for any of the purposes |
879
|
mentioned in section 19 of this act.
|
880
|
(b) Before the issuance of any of the said revenue |
881
|
certificates or revenue bonds, such issue shall be authorized by |
882
|
resolution of the Port Authority; which said resolution shall |
883
|
state the amount of the certificates or bonds proposed to be |
884
|
issued, the purpose or purposes for which issued, the |
885
|
denomination for such certificates or bonds, the rate of |
886
|
interest the same are to bear, and the time, place, and |
887
|
conditions when, where, and upon which said certificates or |
888
|
bonds, and the interest thereon, shall become due and payable. |
889
|
However, such certificates or bonds shall be issued only after |
890
|
they have been first approved by a majority vote of the |
891
|
qualified electors residing in the Canaveral Port District in an |
892
|
election held within the territory constituting the Canaveral |
893
|
Port District. Such resolution, so adopted, shall name a day |
894
|
for the holding of such election, and said Port Authority shall |
895
|
give at least 30 days' notice of said election by publication in |
896
|
a newspaper published in said District, once a week for 4 |
897
|
consecutive weeks during said period of 30 days. Said notice |
898
|
shall state the time of the election and the purpose of the |
899
|
election, and said certificates or bonds shall be issued only |
900
|
after the same shall have been authorized and ratified by a |
901
|
majority of the votes cast in said election and a majority of |
902
|
the qualified electors who reside in said Canaveral Port |
903
|
District shall participate.
|
904
|
(c) All said qualified electors residing in said District |
905
|
shall be entitled to vote in said election, which election shall |
906
|
in all respects not herein expressly provided be called and held |
907
|
and the result thereof determined in accordance with the |
908
|
provisions of any applicable general statute now in force or |
909
|
hereafter enacted. The place of voting in said election shall be |
910
|
the same as the places for voting at the general elections |
911
|
usually held within the territorial limits of said District. |
912
|
Inspectors and clerks shall be appointed and qualified as in |
913
|
case of general elections and they shall canvass the votes cast |
914
|
and make due returns of the same without delay. Returns of said |
915
|
elections shall be made to the Port Authority. It shall be the |
916
|
duty of the Port Authority to cause to be prepared a sufficient |
917
|
number of ballots to be used at such election, with such |
918
|
description of said certificates or bonds to be voted on as the |
919
|
Port Authority may prescribe. A separate statement giving the |
920
|
amount of the certificate or bond issued and the interest |
921
|
thereon, together with such other details as may be deemed |
922
|
necessary or proper to inform the electors, shall be printed on |
923
|
the ballots in connection with the question "FOR the Issuance of |
924
|
Revenue Certificates or Revenue Bonds Supported by an Ad Valorem |
925
|
Tax" and "AGAINST the Issuance of Revenue Certificates or |
926
|
Revenue Bonds Supported by an Ad Valorem Tax." Directions to the |
927
|
voters to express their choice by making an (x) mark in the |
928
|
space to the right or the left of said question shall be stated |
929
|
in the ballot. Said ballots shall be in form substantially as |
930
|
follows:
|
931
|
|
932
|
Official Ballot Canaveral Port District SPECIAL ELECTION (Insert |
933
|
Date) This election is held for the approval or disapproval of |
934
|
the issuance of $_______________ of Revenue Certificates (or |
935
|
Revenue Bonds) of Canaveral Port District, supported by an ad |
936
|
valorem tax, bearing interest at the rate of __________ |
937
|
percentum per annum. Place a cross mark (x) in the space to the |
938
|
left (or right) of the proposition of your choice. FOR issuance |
939
|
of Revenue Certificates (or Revenue Bonds) of Canaveral Port |
940
|
District in the amount of $_______________ supported by an ad |
941
|
valorem tax to be issued against the taxable properties of the |
942
|
District, bearing interest at the rate of __________ percentum |
943
|
per annum, payable semiannually.
|
944
|
AGAINST Issuance of Revenue Certificates (or Revenue Bonds) of |
945
|
Canaveral Port District in the amount of $_______________ |
946
|
supported by an ad valorem tax to be issued against the taxable |
947
|
properties of the District, bearing interest at the rate of |
948
|
__________ percentum per annum, payable semiannually.
|
949
|
|
950
|
If a majority of the votes cast in said election are in favor of |
951
|
the issuance of said certificates or bonds, then the Canaveral |
952
|
Port Authority shall be authorized to issue such certificates or |
953
|
bonds in the amount specified in said resolution calling such |
954
|
special election. The proceeds received therefrom shall be used |
955
|
by the Authority for the purposes stated in said resolution.
|
956
|
(d) For the purpose of securing any of such revenue |
957
|
certificates or revenue bonds, supported by an ad valorem tax, |
958
|
authorized to be issued herein, the Port Authority, in addition |
959
|
to pledging the net revenues and income of the Port Authority or |
960
|
the Canaveral Port District, is hereby further authorized, |
961
|
empowered, and directed to annually levy, assess, collect, and |
962
|
enforce an ad valorem tax upon all the taxable property of the |
963
|
Canaveral Port District, sufficient in amount to provide for the |
964
|
payment of the interest to become due thereon and to provide for |
965
|
a sinking fund sufficient in amount to discharge said |
966
|
certificates or bonds at their respective maturities, which said |
967
|
ad valorem tax so levied shall be in addition to all other taxes |
968
|
provided herein.
|
969
|
(e) The Port Authority is additionally authorized and |
970
|
empowered to borrow money at an interest rate not to exceed 7.5 |
971
|
percent per annum and maturity date not to exceed 1 year, from |
972
|
any bank or other party, to create and maintain a sinking fund |
973
|
for the payment as budgeted, of the principal and interest of |
974
|
outstanding revenue certificates or revenue bonds; and to |
975
|
execute its promissory note or notes therefor, signed in the |
976
|
name of the Canaveral Port Authority by its Chair and its |
977
|
Secretary and the corporate seal affixed thereto, all as |
978
|
directed by the Board of Commissioners of the Canaveral Port |
979
|
Authority, and said note or notes shall be payable from the |
980
|
anticipated revenues to be derived from the previously levied |
981
|
and assessed ad valorem tax as authorized in this section, |
982
|
provided, however, such notes shall not exceed in any one year |
983
|
75 percent of the current taxes levied in any one year by the |
984
|
Port Authority for the payment of the interest and redemption of |
985
|
the revenue bonds or revenue certificates of Canaveral Port |
986
|
Authority currently becoming due.
|
987
|
Section 21. (a) The manner in which the Port Authority |
988
|
shall exercise the levying, assessing, and collecting of any ad |
989
|
valorem tax provided herein shall be as follows: The County |
990
|
Property Appraiser of Brevard County, immediately after the tax |
991
|
assessment of said county for any year after the passage of this |
992
|
act has been reviewed and equalized by the Board of County |
993
|
Commissioners of Brevard County, shall report in writing to the |
994
|
Canaveral Port Authority the assessed valuation of all taxable |
995
|
property within the territorial limits of the Canaveral Port |
996
|
District, as assessed and equalized for state and county |
997
|
taxation, and the Chief Financial Officer of the State of |
998
|
Florida shall report to the Canaveral Port Authority at the time |
999
|
he or she is, by law, required to report to the County Property |
1000
|
Appraiser of Brevard County the assessed valuation of all |
1001
|
railroad lines, railroad property, telephone and telegraph |
1002
|
lines, and telephone and telegraph properties within the |
1003
|
Canaveral Port District, over which he or she has jurisdiction |
1004
|
for valuation and assessment purposes and said assessed |
1005
|
valuation, placed on said properties, shall be the valuation for |
1006
|
taxation by the Port Authority.
|
1007
|
(b) The Port Authority shall, during each year, determine |
1008
|
by resolution the total amount to be raised from ad valorem |
1009
|
taxes levied and assessed upon all the taxable property located |
1010
|
within said Canaveral Port District to provide funds sufficient |
1011
|
in amount to pay the interest on said revenue certificates or |
1012
|
revenue bonds, which are supported by an ad valorem tax, as such |
1013
|
interest may become due; and also provide for a sinking fund |
1014
|
sufficient in amount to discharge the principal of revenue |
1015
|
certificates or revenue bonds at their respective maturities; |
1016
|
and at the same time the Port Authority shall determine the |
1017
|
amount to be required to pay the charges and costs for |
1018
|
operation, maintenance, general administration, capital |
1019
|
improvements, and the purchase of right-of-way. It shall adopt |
1020
|
its resolution levying an ad valorem tax against all of the |
1021
|
taxable property of the District sufficient to pay said |
1022
|
interest, sinking fund, charges, and costs, which tax, if so |
1023
|
levied, however, shall not exceed 3 mills on the dollar of |
1024
|
assessed value in any one year.
|
1025
|
(c) A certified copy of said tax resolution, executed in |
1026
|
the name of the Port Authority under the corporate seal of the |
1027
|
Port Authority by its Chair, and attested by its Secretary, |
1028
|
shall be made and delivered to the Board of County Commissioners |
1029
|
of Brevard County and the Chief Financial Officer of the State |
1030
|
of Florida, with all reasonable dispatch after the Port |
1031
|
Authority has received the total valuation of all taxable |
1032
|
properties to be assessed within the Canaveral Port District. |
1033
|
Upon the receipt of such resolution by said Board of County |
1034
|
Commissioners, it shall be the mandatory duty of said Board of |
1035
|
County Commissioners to order and direct the County Property |
1036
|
Appraiser of Brevard County to assess and levy, and the County |
1037
|
Tax Collector of Brevard County to collect, the tax, at the rate |
1038
|
fixed and determined by said resolution of the Port Authority, |
1039
|
upon all taxable properties located within said Canaveral Port |
1040
|
District, and said revenues and assessments so determined and |
1041
|
made shall be included in the tax roll and warrant of said |
1042
|
County Property Appraiser for each fiscal year hereafter. The |
1043
|
said Tax Collector shall collect such taxes in the manner and at |
1044
|
the same time as state and county taxes are collected and shall |
1045
|
pay and remit the same upon the collection thereof to the Port |
1046
|
Authority. It shall be the duty of the Chief Financial Officer |
1047
|
of the State of Florida to assess and levy on all railroad lines |
1048
|
and railroad property, all telephone and telegraph lines and |
1049
|
telephone and telegraph property, and all other taxable property |
1050
|
within his or her jurisdiction located within said Canaveral |
1051
|
Port District a tax at the rate prescribed by said tax |
1052
|
resolution of the Port Authority and to collect the said tax |
1053
|
thereon in the same manner and at the same time as he or she is |
1054
|
required by law to assess and collect such taxes for state and |
1055
|
county purposes and pay and remit the same when collected to the |
1056
|
Port Authority. All such taxes shall be disbursed and paid out |
1057
|
by the Port Authority only for the purposes for which said taxes |
1058
|
were levied, upon vouchers, checks, or warrants issued in such |
1059
|
manner as the Port Authority, by resolution, may determine.
|
1060
|
(d) This act shall be full authority for the issuance of |
1061
|
any of the revenue certificates and revenue bonds authorized |
1062
|
herein, which said revenue certificates or revenue bonds shall |
1063
|
have the qualities of negotiable paper under the law merchant |
1064
|
and shall not be invalidated for any irregularity or defect in |
1065
|
the proceedings for the issuance thereof and shall be |
1066
|
incontestable in the hands of bona fide purchasers for value. No |
1067
|
proceedings in respect to the issuance of any such revenue |
1068
|
certificates or revenue bonds shall be necessary except such as |
1069
|
required by this act; however, such revenue certificates or |
1070
|
revenue bonds may be validated and confirmed in the way and |
1071
|
manner contemplated and provided by the general laws and |
1072
|
statutes of the state. The provisions of this act shall |
1073
|
constitute an irrepealable contract between the Port Authority |
1074
|
and the holders of any such revenue certificates or revenue |
1075
|
bonds, and of the coupons thereof issued pursuant to the |
1076
|
provisions hereof. Any holder of any of said revenue |
1077
|
certificates or revenue bonds or coupons may, either at law or |
1078
|
in equity, by suit, action, or mandamus, enforce and compel the |
1079
|
performance of any of the duties required by this act of any of |
1080
|
the officers or persons mentioned herein relating to said |
1081
|
revenue certificates or revenue bonds, or the levying, |
1082
|
assessing, and collection of the taxes provided for the payment |
1083
|
thereof.
|
1084
|
(e) The provisions of sections 193.321 through 193.327, |
1085
|
Florida Statutes, 1967, shall not apply, and are hereby |
1086
|
specifically repealed as to the power and authority of the |
1087
|
Canaveral Port Authority to levy, assess, collect, and enforce |
1088
|
ad valorem taxes as set forth is this act.
|
1089
|
Section 22. (a) The Board of Commissioners of the |
1090
|
Canaveral Port Authority, Brevard County, is authorized to |
1091
|
provide life, health, accident, hospitalization, or all or any |
1092
|
part of such insurance for Canaveral Port Authority officers and |
1093
|
employees, upon a group insurance plan. The Board shall |
1094
|
advertise for bids and shall award said group insurance to the |
1095
|
lowest and best bidder, provided that if no bids are received, |
1096
|
the Board shall have the discretion to contract for such |
1097
|
insurance on such terms and conditions as it may deem desirable.
|
1098
|
(b) The Board of Commissioners of the Canaveral Port |
1099
|
Authority is authorized to pay all or any portion of the |
1100
|
premiums for such group insurance as an operating expense. The |
1101
|
said Board is further authorized to deduct periodically from the |
1102
|
wages of any officer or employee, upon the written request of |
1103
|
such officer or employee, any premium or portion of premium for |
1104
|
any such insurance.
|
1105
|
Section 23. (a) Section 253.126, Florida Statutes, is |
1106
|
hereby specifically repealed as to the Canaveral Port Authority.
|
1107
|
(b) The Canaveral Port Authority is granted the power and |
1108
|
authority to establish bulkhead lines, authorize dredging and |
1109
|
filling, and have jurisdiction under chapter 253, Florida |
1110
|
Statutes, as to the lands and waters under the jurisdiction of |
1111
|
the Canaveral Port Authority in lieu of the Board of County |
1112
|
Commissioners.
|
1113
|
(c) In the exercise of this grant of authority, the |
1114
|
Canaveral Port Authority shall comply with all applicable |
1115
|
provisions of chapter 253, Florida Statutes, to the same extent |
1116
|
as a Board of County Commissioners would comply with such |
1117
|
provisions under the same circumstances.
|
1118
|
Section 24. To comprehensively plan for urban and rural |
1119
|
transportation needs and to comprehensively plan for the use of |
1120
|
the lands, resources, and waters under its jurisdiction; to |
1121
|
participate in such planning with other public agencies as |
1122
|
defined in chapter 163, Florida Statutes; and to enter into |
1123
|
interlocal governmental agreements (including, without |
1124
|
limitation by this specific reference, Metropolitan Planning |
1125
|
Organizations contemplated under 23 U.S.C. section 134 and the |
1126
|
Urban Mass Transportation Act of 1964) in such transportation |
1127
|
and real property fields.
|
1128
|
ARTICLE V. Port Commissioners
|
1129
|
Section 1. The governing authority of the Canaveral Port |
1130
|
District is hereby created and shall be designated as the |
1131
|
Canaveral Port Authority, and shall consist of five Port |
1132
|
Commissioners, one Port Commissioner from each Commissioner Port |
1133
|
District, who shall be a qualified elector and reside within the |
1134
|
Commissioner Port District from which he or she is appointed or |
1135
|
nominated and elected. All Port Commissioners shall be elected |
1136
|
for 4-year terms, and said terms shall be arranged so that three |
1137
|
Port Commissioners are elected at one general election and two |
1138
|
Port Commissioners elected at the next ensuing general election. |
1139
|
The term of office of each Port Commissioner shall commence on |
1140
|
the first Tuesday after the first Monday in January following |
1141
|
his or her election. |
1142
|
Section 2. (a) Each Commissioner Port District shall be a |
1143
|
residency district for all elections hereunder. The five Port |
1144
|
Commissioners shall be nominated in the general primary and |
1145
|
elected in the general election held in each Commissioner Port |
1146
|
District next ensuing and at all subsequent general primaries |
1147
|
and general elections thereafter upon the official county |
1148
|
ballots.
|
1149
|
(b) Nomination of candidates shall be made by residency |
1150
|
districts at the primary elections, by the various political |
1151
|
parties, as the general laws of Florida provide for County |
1152
|
Commissioners for Brevard County, at which primary elections the |
1153
|
electors of the Canaveral Port District at large who are |
1154
|
qualified to vote in such primary elections shall be entitled to |
1155
|
vote. The Board of County Commissioners shall not print the name |
1156
|
of any person as a candidate on the ballots for general |
1157
|
elections unless he or she shall have been so nominated.
|
1158
|
(c) Candidates for nomination in primary elections shall |
1159
|
pay the same filing fee to the Clerk of the Board of County |
1160
|
Commissioners; file in the same manner the like oaths, sworn |
1161
|
statements, and receipts for party assessments; be governed by |
1162
|
the same restrictions; be subject to like party assessments by |
1163
|
the County Executive Committees of the respective political |
1164
|
parties; and in all respects comply with the general laws of |
1165
|
Florida governing candidates for Board of County Commissioners |
1166
|
in primaries.
|
1167
|
(d) Elections of candidates shall be at general elections |
1168
|
as provided by the general laws of Florida, at which general |
1169
|
elections all qualified electors residing within the Canaveral |
1170
|
Port District shall be entitled to vote.
|
1171
|
Section 3. Any vacancy occurring on or in the said Board |
1172
|
of Commissioners of the Port Authority, whether caused by |
1173
|
resignation, refusal, death, or the unconstitutionality of any |
1174
|
part of this act, or for or on account of any other reason |
1175
|
whatsoever, shall be filled for the unexpired portion of the |
1176
|
corresponding term, or until the next ensuing general election, |
1177
|
whichever may come sooner, by appointment by the Governor.
|
1178
|
Section 4. Every Port Commissioner, before he or she |
1179
|
assumes office, shall be required to make oath that he or she |
1180
|
will faithfully discharge the duties of his or her office and |
1181
|
uphold and defend the laws and the Constitution of the State of |
1182
|
Florida and give good and sufficient surety bond payable to the |
1183
|
Governor for the use and benefit of the Canaveral Port Authority |
1184
|
in the sum of $2,000, conditioned for the faithful performance |
1185
|
of the duties of his or her office, said bond to be approved by |
1186
|
the Canaveral Port Authority and filed with the Secretary of |
1187
|
State. Any and all premiums of the surety bonds shall be paid by |
1188
|
the Port Authority as a necessary expense of said District.
|
1189
|
Section 5. As soon as practicable after the newly |
1190
|
appointed or elected Port Commissioners shall have qualified, |
1191
|
they shall meet and organize by the selection from among |
1192
|
themselves of a Chair and a Vice-Chair, and shall also elect a |
1193
|
Secretary and a Treasurer, provided, however, that the latter |
1194
|
two offices may be held by one person and such person may or may |
1195
|
not be a member of said Authority. A majority of the duly |
1196
|
qualified members shall constitute a quorum. The Chair and the |
1197
|
Secretary, if the latter be a member of said Port Authority, |
1198
|
shall be entitled to vote at all meetings. Being a Port |
1199
|
Commissioner of the Canaveral Port Authority shall not |
1200
|
disqualify such Port Commissioner from holding any municipal, |
1201
|
county, or state office.
|
1202
|
Section 6. The annual salary allowance of each Port |
1203
|
Commissioner shall be determined and adopted by the Board of |
1204
|
Commissioners of the Canaveral Port Authority at the regular |
1205
|
meeting held in September 2003, to be effective commencing |
1206
|
October 1, 2003. The salary allowance established in September |
1207
|
2003, shall not exceed the average annual salary paid to Port |
1208
|
Commissioners of those other special district seaports which |
1209
|
have an established annual salary for Port Commissioners. The |
1210
|
salary allowance shall be payable monthly and apply to all |
1211
|
services rendered by each Port Commissioner under this act. The |
1212
|
salary allowance adopted as provided herein may be adjusted |
1213
|
annually by the Board of Commissioners of the Canaveral Port |
1214
|
Authority; however, any increase in the annual salary allowance |
1215
|
shall not exceed the average percentage increase in the salaries |
1216
|
of state career service employees as determined pursuant to |
1217
|
section 145.19, Florida Statutes, for the fiscal year just |
1218
|
concluded.
|
1219
|
Section 7. All meetings of the said Port Authority shall |
1220
|
be open to the public and shall be held at the office of the |
1221
|
Port Authority. Records of all business transacted by the Port |
1222
|
Authority shall be kept and preserved in substantial Minute |
1223
|
Books by the Secretary as a permanent record, and the Minute |
1224
|
Books or excerpts therefrom, duly certified by the Secretary |
1225
|
under the seal of the Port Authority, shall be prima facie |
1226
|
evidence in all courts of the proceedings of the Port Authority. |
1227
|
The Port Authority shall have power to prescribe by resolution |
1228
|
rules for the conduct of its meetings not inconsistent herewith.
|
1229
|
Section 8. The expense accounts of Port Commissioners and |
1230
|
employees shall be itemized in writing and submitted to the Port |
1231
|
Authority in session.
|
1232
|
ARTICLE VI. Additional Powers
|
1233
|
Section 1. The Canaveral Port Authority shall have the |
1234
|
power to impose a franchise or excise tax upon businesses and |
1235
|
occupations carried on or operated under and by virtue of any |
1236
|
franchise or franchises granted by the Port Authority in a sum |
1237
|
equal to 0.5 percent of the gross receipts of such businesses or |
1238
|
occupations. The administration of this section and the |
1239
|
collection of this franchise tax are hereby vested in the |
1240
|
Canaveral Port Authority, and said Port Authority is authorized |
1241
|
to make, promulgate, and enforce such reasonable rules and |
1242
|
regulations relating to the administration and enforcement of |
1243
|
this law and the collection of said franchise tax as may be |
1244
|
deemed expedient, independently of all other remedies and |
1245
|
proceedings authorized by law for the enforcement and collection |
1246
|
of said franchise tax, a right of action, by suit in the name of |
1247
|
the Canaveral Port Authority, is hereby created; and such suit |
1248
|
may be maintained and prosecuted, and all proceedings taken, to |
1249
|
the same effect and extent as for the enforcement of a right of |
1250
|
action for debt or assumpsit, or substitute forms of action |
1251
|
therefor, and any and all remedies available in such actions |
1252
|
including attachment and garnishment shall be and are hereby |
1253
|
made available to the said Canaveral Port Authority in the |
1254
|
enforcement of the payment of any franchise tax accruing |
1255
|
hereunder, provided that the Port Authority shall not be |
1256
|
required to post bond in any such actions or proceedings.
|
1257
|
Section 2. In the further interest of the advancement, |
1258
|
promotion, regulation, and control of Port Canaveral, and in the |
1259
|
interest of safety, order, convenience, and the general welfare |
1260
|
of the public, the Port Authority is authorized and empowered to |
1261
|
adopt a plan or plans, and amend the same from time to time, for |
1262
|
the zoning of the Harbor area for the purpose of regulating the |
1263
|
location and establishment of trades, industries, and |
1264
|
manufacturing establishments and other use of the property |
1265
|
within said Port Canaveral.
|
1266
|
ARTICLE VII. Personnel
|
1267
|
Section 1. The Port Authority may appoint a Port Manager, |
1268
|
who, under the direction and supervision of the Port Authority, |
1269
|
shall be the administration head of the Port District and Port |
1270
|
Authority, and he or she shall hold office at the pleasure of |
1271
|
the Port Authority. The Port Manager shall be chosen solely on |
1272
|
the basis of his or her experience and executive and |
1273
|
administrative ability and any other qualifications the Port |
1274
|
Authority may require.
|
1275
|
Section 2. The Port Manager shall have such duties and |
1276
|
authority in the administration, maintenance, expansion, and |
1277
|
operation of Port Canaveral as the Port Authority shall assign |
1278
|
to him or her, including the promotion of the business and |
1279
|
affairs of Port Canaveral including, but not limited to, travel |
1280
|
to and from meetings of industrialists in convention or by |
1281
|
industry, necessary subsistence, entertainment of business |
1282
|
guests at Port Canaveral or elsewhere, within or without the |
1283
|
state, and meals for staff members at regular or special |
1284
|
meetings of the Port Authority, and shall ratify past such |
1285
|
expenditures. The Port Manager shall keep and maintain an |
1286
|
account of the expenses involved in the performance of his or |
1287
|
her duties and submit the same to the Port Authority for |
1288
|
approval at any regular meeting.
|
1289
|
Section 3. The Port Manager shall receive such |
1290
|
compensation as may be agreed.
|
1291
|
Section 4. Official travel authorized by the Canaveral |
1292
|
Port Authority shall be reimbursed by the Authority in |
1293
|
accordance with the following provisions:
|
1294
|
(a) All official travel performed within the state shall |
1295
|
be reimbursable in accordance with section 112.061, Florida |
1296
|
Statutes.
|
1297
|
(b) Official travel outside of the state but within the |
1298
|
continental United States shall be reimbursable in accordance |
1299
|
with section 112.061, Florida Statutes, with the exception of |
1300
|
the reimbursement rates for meals. The reimbursement rates for |
1301
|
meals shall be as follows:
|
1302
|
|
1303
|
1. Breakfast$5.00.
|
1304
|
2. Lunch$11.00.
|
1305
|
3. Dinner$22.00.
|
1306
|
|
1307
|
On October 1 of each year, the above meal rates will be adjusted |
1308
|
by the Consumer Price Index, "All urban consumers, food away |
1309
|
from home," by the change in the 12-month period preceding |
1310
|
October 1.
|
1311
|
(c) Official travel outside of the continental United |
1312
|
States shall be reimbursable in accordance with section 112.061, |
1313
|
Florida Statutes, with the exception of meals. The reimbursement |
1314
|
rates for meals shall be in accordance with the United States |
1315
|
Department of State Standardized Regulations, Per diem |
1316
|
Supplement for all foreign areas. Once the daily meal rate has |
1317
|
been determined by the applicable travel location, the following |
1318
|
percentage rates will apply to the maximum daily rate allowed:
|
1319
|
|
1320
|
1. Breakfast14% of daily maximum rate.
|
1321
|
2. Lunch28% of daily maximum rate.
|
1322
|
3. Dinner58% of daily maximum rate.
|
1323
|
|
1324
|
ARTICLE VIII. Levy of Taxes
|
1325
|
Section 1. The Port Authority shall not, during any one |
1326
|
year, levy a tax in any greater sum or amount than shall be |
1327
|
necessary for the following purposes:
|
1328
|
(a) A tax not exceeding 3 mills on the dollar of the total |
1329
|
assessed valuations of all taxable property, both real and |
1330
|
personal, within said Canaveral Port District for each year. |
1331
|
Said tax shall constitute an Administration Fund for the |
1332
|
operation, maintenance, and general administration expenses, and |
1333
|
for the purchase of rights-of-way.
|
1334
|
(b) A tax for the purpose of paying the principal and |
1335
|
interest on revenue certificates and revenue bonds outstanding, |
1336
|
and for the proper sinking funds for the protection thereof, and |
1337
|
not exceeding in the aggregate the sum of $7,500,000 in |
1338
|
principal, as the same severally mature in accordance with their |
1339
|
tenor.
|
1340
|
Section 2. At the time of the adoption of the tax |
1341
|
resolution as provided hereinabove, the Port Authority shall |
1342
|
prepare and adopt a financial budget for the ensuing fiscal |
1343
|
year. Said budget shall contain an estimate of all items of |
1344
|
expenditure contemplated or anticipated for the ensuing fiscal |
1345
|
year, and an estimate of all sources of revenue. Said budget |
1346
|
shall be spread upon the permanent records of the Port |
1347
|
Authority.
|
1348
|
Section 3. All revenues received by the Port Authority |
1349
|
from the operation of Port Canaveral, other than specifically |
1350
|
pledged, shall be paid into the Administration Fund and be used |
1351
|
for operation, expansion, maintenance, and general |
1352
|
administration purposes and expenses, and for the purchase of |
1353
|
rights-of-way. Any part of the Administration Fund remaining |
1354
|
unused or unpledged at the close of each fiscal year may, in the |
1355
|
discretion of the Port Authority, be transferred to the sinking |
1356
|
fund maintained for bonds, or to purchase obligations of the |
1357
|
Port Authority at the lowest market price.
|
1358
|
ARTICLE IX. Prohibitions
|
1359
|
Section 1. No member of the Port Authority or other |
1360
|
officer or employee shall purchase supplies, goods, or materials |
1361
|
for use by the Port District or Port Authority from himself or |
1362
|
herself or from any firm or corporation in which he or she is |
1363
|
interested, directly or indirectly, nor in any manner share in |
1364
|
the proceeds of such purchases. The Port Authority shall not be |
1365
|
obligated for the purchase price of such supplies, goods, or |
1366
|
materials so purchased. No Port Commissioner or other officer or |
1367
|
employee shall bid or enter into or be in any manner interested |
1368
|
in any contract for public work to which the said Port Authority |
1369
|
may be a party. Any Port Commissioner who shall violate the |
1370
|
provisions hereof shall be deemed guilty of malfeasance in |
1371
|
office, provided that no Port Commissioner who shall have |
1372
|
recorded his or her vote against the letting of such contract or |
1373
|
against such illegal purchase or who shall have been absent at |
1374
|
the taking of the vote thereon shall be deemed guilty of a |
1375
|
violation of this provision. All moneys or things of value paid |
1376
|
or delivered pursuant to such contract or purchase may be |
1377
|
recovered by the Port Authority.
|
1378
|
ARTICLE X. Notification of Claims
|
1379
|
Section 1. Every claim, whether ex contractu or ex |
1380
|
delicto, whether liquidated or unliquidated, whether vested or |
1381
|
contingent, against the Port Authority or Canaveral Port |
1382
|
District shall be filed, signed by the claimant or his or her |
1383
|
duly authorized agent, with the Port Authority within 3 months |
1384
|
after the time said claim shall become due or arise, and shall |
1385
|
be barred if not so filed; said writing representing said claim |
1386
|
shall, as particularly as is known to the claimant, set out the |
1387
|
details of said claim and specify the names of the witnesses, if |
1388
|
any, whom the claimant relies upon to support his or her claim.
|
1389
|
ARTICLE XI. Statute of Limitations
|
1390
|
Section 1. No statute heretofore or hereafter enacted by |
1391
|
the Legislature, prescribing and fixing the time in which action |
1392
|
shall be brought, and commonly known as the "Statute of |
1393
|
Limitations," shall apply to any action, suit, or proceeding |
1394
|
instituted and prosecuted by the Port Authority or the Canaveral |
1395
|
Port District.
|
1396
|
ARTICLE XII. Exemption From Taxation
|
1397
|
Section 1. All property, real and personal, tangible and |
1398
|
intangible, now owned or hereinafter acquired and held by the |
1399
|
Canaveral Port Authority, the governing authority of the |
1400
|
Canaveral Port District, shall be exempt from all taxation |
1401
|
levied and assessed pursuant to the Constitution and laws of the |
1402
|
State of Florida by any taxing unit.
|
1403
|
ARTICLE XIII. Exemption From Judgment Liens
|
1404
|
Section 1. No judgment or decree, writ of execution, or |
1405
|
any other writ issued or tendered against the said Canaveral |
1406
|
Port Authority shall be a lien upon the real or personal |
1407
|
property now owned or hereafter acquired and held by the said |
1408
|
Port Authority. All property, both real and personal, tangible |
1409
|
and intangible, now owned or hereafter acquired and held by the |
1410
|
said Port Authority shall be exempt from sale, under writ of |
1411
|
execution and any other judicial sale.
|
1412
|
ARTICLE XIV. Appeals Bond
|
1413
|
Section 1. The Port Authority and Canaveral Port District |
1414
|
shall not be required to execute, give, or file any bond |
1415
|
required by law to be filed in an attachment, injunction, |
1416
|
receivership, garnishment, or replevin proceedings, or in the |
1417
|
prosecution of an appeal or writ of error. The Canaveral Port |
1418
|
District and Port Authority may supersede any appealable |
1419
|
judgment, decree, or order rendered in any of the courts within |
1420
|
the state, of which it feels aggrieved, by prosecuting an appeal |
1421
|
or writ of error therefrom, pursuant to law, without giving or |
1422
|
filing a supersedeas bond as otherwise required by law.
|
1423
|
ARTICLE XV. Removal of Port Commissioners by Governor
|
1424
|
Section 1. No court shall have the power or jurisdiction |
1425
|
to appoint any officer of the court to exercise the duties and |
1426
|
powers of the Port Authority or any Port Commissioner. In the |
1427
|
event any Port Commissioner shall be guilty of intentional and |
1428
|
willful malfeasance, nonfeasance, or misfeasance in office, or |
1429
|
commission of a felony, he or she shall be subject to be removed |
1430
|
by the Governor in the manner provided for the removal of county |
1431
|
officers.
|
1432
|
ARTICLE XVI. Inspection of Books and Records
|
1433
|
Section 1. The books, audits, and records of the Port |
1434
|
Authority shall at all reasonable hours on regular business days |
1435
|
be open to inspection as provided by law. All moneys of the Port |
1436
|
Authority shall be at all times kept fully and adequately |
1437
|
secured.
|
1438
|
Section 2. The books and public records of the Port |
1439
|
Authority shall be audited by the State Auditing Department at |
1440
|
the time the books of the county officials of Brevard County are |
1441
|
audited.
|
1442
|
Section 3. The fiscal year of the Port Authority shall |
1443
|
begin October 1 of each year and end September 30 of each year.
|
1444
|
ARTICLE XVII. Contracts; Competition
|
1445
|
Section 1. No contract shall be let by the Port Authority |
1446
|
for any construction, improvement, repair, or building, nor |
1447
|
shall any goods, supplies, or materials for Canaveral Port |
1448
|
District purposes or uses be purchased when the amount to be |
1449
|
paid by the Canaveral Port District or the Port Authority shall |
1450
|
exceed $15,000, unless notice thereof shall be advertised at |
1451
|
least three times, once each week for 3 consecutive weeks in a |
1452
|
newspaper of general circulation in the Canaveral Port District, |
1453
|
calling for bids upon the work to be done or the goods, |
1454
|
supplies, or materials to be purchased by the Port Authority, |
1455
|
and in each case the bid of the lowest responsible bidder shall |
1456
|
be accepted, unless the Port Authority may, in its discretion, |
1457
|
reject all bids. The Port Authority may also require the deposit |
1458
|
of cash or a certified check, not to exceed $1,000 or 15 percent |
1459
|
of the bid, as evidence of good faith on the part of the |
1460
|
bidders, such deposit to be returned when the bid is rejected or |
1461
|
performance bond deposited or contract completed. All other |
1462
|
things being equal, preference shall be given by the Port |
1463
|
Authority in making all purchases and the letting of all |
1464
|
contracts to residents of the Canaveral Port District.
|
1465
|
Section 2. In the event it is reasonably expected that the |
1466
|
cost amount of a contract under section 1 of this article shall |
1467
|
be greater than $5,000 but less than $15,000, then the Port |
1468
|
Manager or his or her designee shall do the following:
|
1469
|
(a) Obtain at least three telephonic bid offers to perform |
1470
|
such work or furnish such property from at least three |
1471
|
independent persons or business entities responsible in the |
1472
|
subject business endeavor under consideration.
|
1473
|
(b) Make a record of the offers.
|
1474
|
(c) After obtaining and recording such offers, award the |
1475
|
contract to the lowest responsible bidder of those solicited as |
1476
|
provided in this article.
|
1477
|
Section 3. In lieu of the competitive bid requirements set |
1478
|
forth in sections 1 and 2 of this article, the Port Authority |
1479
|
may utilize purchase agreements or contracts of any state |
1480
|
agency, county, school board, or municipality, or of the Federal |
1481
|
Government or its agencies, which agreements or contracts have |
1482
|
been competitively bid for the purchase of goods, supplies, or |
1483
|
materials for Canaveral Port District purposes.
|
1484
|
ARTICLE XVIII. Leases and Encumbrances
|
1485
|
Section 1. Whether an election shall be required to be |
1486
|
held to decide whether or not a lease for more than 10 years, or |
1487
|
an encumbrance for more than $10,000 for a period of more than 5 |
1488
|
years of or against the land, personal properties, or facilities |
1489
|
of the Port Authority, shall be in accordance with the |
1490
|
provisions of Article IV, Section 16, subsection(c) hereinabove; |
1491
|
however, no lease shall exceed an initial period of 50 years or |
1492
|
any renewal or renewals thereof, excepting leases for the |
1493
|
purpose of the construction and development of hotels, |
1494
|
convention centers, festive market places, and world trade |
1495
|
centers, which lease shall not exceed an initial period of 99 |
1496
|
years or any renewal or renewals thereof. If an encumbrance |
1497
|
exceeds $100,000, a referendum as provided for in Article IV, |
1498
|
Section 16, subsection (c) shall be required when said |
1499
|
referendum is requested by a petition bearing the signatures of |
1500
|
1 percent of the qualified electors.
|
1501
|
Section 2. It shall be the duty of the Port Authority to |
1502
|
give at least 30 days' notice of any such election by |
1503
|
publication in a newspaper published within said Canaveral Port |
1504
|
District for at least 30 days prior to the date of said |
1505
|
election, which notice shall be published once a week for 4 |
1506
|
consecutive weekly issues.
|
1507
|
Section 3. Said notice shall state the description of the |
1508
|
lands, personal properties, or facilities to be leased or |
1509
|
encumbered and the sum to be received by the Port Authority |
1510
|
therefor.
|
1511
|
Section 4. All qualified electors residing in the |
1512
|
Canaveral Port District shall be entitled to vote in said |
1513
|
election, which election shall in all respects not herein |
1514
|
expressly provided be called and held and the results thereof |
1515
|
determined in accordance with the provisions of any applicable |
1516
|
general statute of the state now in force or hereafter enacted. |
1517
|
The places for voting in said election shall be the same as the |
1518
|
places for voting at the general elections usually held within |
1519
|
the territorial limits of the Canaveral Port District. |
1520
|
Inspectors and clerks shall be appointed and qualified as in |
1521
|
case of general elections, and they shall canvass the votes cast |
1522
|
and make due returns of the same without delay. The returns of |
1523
|
said election shall be made to the Port Authority.
|
1524
|
Section 5. It shall be the duty of the Port Authority to |
1525
|
cause to be prepared a sufficient number of ballots to be used |
1526
|
at such elections with such description of the lands, personal |
1527
|
properties, or facilities to be leased or encumbered and the sum |
1528
|
to be received therefor; a description of the purposes therefor; |
1529
|
and the amount and rate of interest, together with other |
1530
|
details, to be voted on.
|
1531
|
Section 6. Said ballots shall be in form substantially as |
1532
|
follows:
|
1533
|
|
1534
|
OFFICIAL BALLOT
|
1535
|
CANAVERAL PORT DISTRICT
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Special election (Insert date)
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This election is held for the approval or disapproval of (insert
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subject matter),
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Place a cross (x) mark in the space to the left of the |
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proposition of your choice.
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( ) FOR (insert subject matter)
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( ) AGAINST (insert subject matter)
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Section 7. If a majority of the qualified electors |
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residing in said Canaveral Port District who shall participate |
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in such election shall cast their votes in favor of the |
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execution and delivery of the lease of the encumbrance, it shall |
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become the duty of the Canaveral Port Authority to execute and |
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deliver the lease or the encumbrance as authorized in said |
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election.
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ARTICLE XIX. Severability Clause
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Section 1. If any section, subsection, paragraph, |
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subparagraph, sentence, clause, or phrase of this act is, for |
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any reason, held to be unconstitutional or invalid, such holding |
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shall not affect the validity of the remaining portions of this |
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act, the Legislature hereby declaring that it would have enacted |
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this act and each and every section, subsection, paragraph, |
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subparagraph, sentence, clause, and phrase thereof, irrespective |
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of the fact that any one or more of the sections, subsections, |
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paragraphs, subparagraphs, sentences, clauses, or phrases |
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thereof may be declared to be unconstitutional or otherwise |
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ineffective.
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ARTICLE XX. Declaration of Public Purposes
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Section 1. It is hereby determined and declared by the |
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Legislature that all of the powers conferred upon the District |
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by this act and the exercise of such powers constitute and are |
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proper public purposes and are for the welfare and benefit of |
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the District and its inhabitants.
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Section 2. The provisions of this act shall be liberally |
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construed to effectuate the purposes set forth herein.
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Section 4. Chapters 28922 (1953), 30606 (1955), 57-1178, |
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59-1093, 65-1286, 65-1287, 67-1131, 67-1144, 69-857, 69-868, 70- |
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592, 70-601, 74-426, 74-427, 74-428, 75-335, 75-341, 76-326, 76- |
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327, 78-471, 79-430, 80-455, 82-266, 84-394, 87-431, 88-483, 89- |
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408, 89-553, 94-436, 95-465, and 2000-418, Laws of Florida, are |
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repealed. |
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Section 5. This act shall take effect upon becoming a law. |