Volusia County |
Code of Ordinances |
Chapter 110. SPECIAL DISTRICTS |
Article VIII. PONCE DeLEON INLET AND PORT DISTRICT |
§ 110-662. Powers of authority.
The port authority shall have all of the powers necessary and proper, including the responsibility of formulating and carrying out plans for the long range development of the facilities of ports and recreational facilities within the district and traffic through the said ports. Preference shall be given in every instance to attaining the objects of this article through encouraging the investment of private capital and the location of private business on lands of the district. The authority shall have the following powers:
(1)
The right and power of eminent domain over real and personal property, and the right to maintain eminent domain proceedings in the form and in the manner as prescribed by the general laws of the state.
(2)
To acquire by purchase, condemnation through power of eminent domain, gift, grant, franchise or lease, property, either real or personal, and to grant easements of right-of-way over or through any lands owned by the authority.
(3)
To construct, acquire, establish, extend, enlarge, improve, reconstruct, maintain, equip, repair and operate any project, as defined in this article.
(4)
To apply to the proper authorities of the United States for the right to establish, operate and maintain foreign and domestic trade zones within the limits of said port district, and to establish, operate and maintain such foreign and domestic trade zones.
(5)
To fix uniform rates and charges for wharfage, dockage, transit, storage, processing, freezing, sheddage and handling to and from vessels, and to fix rates, fees and charges for fishing or sightseeing from piers, using camp or trailer grounds, parking areas and such other facilities where such facilities are owned by the said authority, or otherwise, insofar as it may be permissible for said authority to do so under the constitution of the state and the constitution and laws of the United States of America.
(6)
To operate, manage and control all projects as defined in this article, hereafter acquired or constructed under the provisions of this article.
(7)
To enter into joint agreements and arrangements with steamship lines, railroads or other transportation lines, or any common carrier as the authority shall deem to its advantage to do so.
(8)
To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers, and to appoint and employ such engineers, architects, attorneys, agents and other employees as may be necessary in its judgment, and to fix their compensation.
(9)
To exercise such powers as may be reasonably necessary to effectively control and regulate facilities under its jurisdiction.
(10)
To appoint, regulate, control and prescribe the rights, duties, functions and compensation of harbormasters and harbor pilots.
(11)
To appoint a manager of the port authority and to determine his duties and his compensation; however, no member of the authority shall be employed as such port manager.
(12)
To receive and accept from the federal government, or any agency thereof, grants for or in aid of the construction of any project.
(13)
Subject to the jurisdiction of the United States of America and the state, to improve and develop the harbor and all navigable and nonnavigable waters connected therewith.
(14)
To perform all customary port services as may be required, including lighterage, stevedoring, handling, inspecting, conditioning and reconditioning of all commodities and cargo handled, received or shipped through the facilities and district of the authority.
(15)
To make such rules and regulations governing the operation, docking, movement and staging of crafts plying the waterways in the district which are under the jurisdiction of the authority; and to make such rules and regulations governing the operation of recreational areas, camp trailer grounds, fishing piers and any other facilities which come under the jurisdiction of the authority.
(16)
To impose a franchise or license tax upon businesses and occupations carried on or operated under and by virtue of any franchises, licenses or privileges granted by the authority with respect to any project owned, controlled or operated by the port authority.
(17)
To advertise the ports of such district in such manner as the authority deems advisable, and to negotiate and contract with shipping companies and other such institutions as the authority may deem necessary for development and expansion of the port district.
(18)
To make leases and sales to persons of property, land and facilities of the authority.
(19)
Without limitation of the provisions of subsections (1) through (18) of this section, to borrow money and accept grants, contributions or loans from, and to enter into contracts, leases or other transactions with, any person, the federal government, or any other public body of any nature whatsoever.
(20)
To spend revenues derived from the port operation or any other income from the port operation for the expenses of the port and district, such as operation, maintenance and port improvements.
(21)
To do all acts and things necessary or convenient in the carrying out of the powers granted in this article.
(Laws of Fla. ch. 69-1705, § 11; Ord. No. 00-16, § XIX, 4-13-00)