Title 12, Autonomous Agencies

As used herein, unless otherwise indicated: (a) Authority means the Port Authority of Guam. COL1312018 (b) Board means the Board of Directors of the Authority. (c) Port facilities means channels, waterways, basins, seawalls, docks, piers, land areas, utilities, warehouses, cargo …

There is hereby established the Port Authority of Guam as a public corporation and autonomous instrumentality of the government of Guam, which shall provide for the needs of ocean commerce, shipping, recreational and commercial boating, and navigation of the territory of Guam. Th…

(a) The Authority shall be directed by the Board which shall consist of five (5) directors appointed by the Governor with the advice and consent of the Legislature. (1) Directors shall be appointed and their names transmitted to the Legislature within thirty (30) days of the effe…

The Board shall: (a) Conduct their first meeting within thirty (30) days of their confirmation. COL1312018 (b) Elect a Chairman, Vice-Chairman and Secretary from among its members. (c) Appoint a Manager and fix his compensation within forty- five (45) days of their first meeting.…

The Board may: (a) Enter into and perform such contracts, leases, cooperative agreements and other transactions with any agency or instrumentality of the United States, or with any state, territory or possession, or any political subdivision thereof, or with any person, firm, ass…

The Manager shall be the Authority’s chief executive officer and who shall serve at the Board’s pleasure. He shall be responsible for the maintenance, operation and development of the Port administration and for the Authority’s business affairs. SOURCE: Added by P.L. 13-087:1 (Oc…

The Manager shall: (a) Insure that the Board’s rules and regulations are enforced; (b) Attend all board meetings; (c) Keep the Board advised as to the needs of the Authority; COL1312018 (d) Approve demands for the payment of obligations of the Authority within the purposes and am…

(a) Cargo shortage and property damage claims shall be presented to the Manager within six (6) months of accrual for payment under this Act. Claims shall be in such form as the Manager shall direct. (b) The Manager shall personally entertain cargo shortage or property damage clai…

(a) There is hereby established a fund to be known as the Port Authority Fund which shall be maintained by the Board separate and apart from other funds of the government of Guam. Independent records and accounts shall be maintained in connection therewith. COL1312018 (b) All mon…

[Repealed.] SOURCE: Added by P.L. 13-087:1 (Oct. 31, 1975) as §14009. Repealed by P.L. 16-124:19 (Dec. 29, 1982). Codified as 12 GCA § 10109.

(a) Pursuant to the provisions of 4 GCA §§ 4104 and 4105, the Board shall establish, and may amend, rules and regulations governing selection, promotion, performance evaluation, demotion, suspension and other disciplinary action for the employees of the Authority. Such rules and …

(a) (1) There is hereby established, under the direction of the Authority, a Port Authority Police which shall be responsible for the protection of persons and property at the Port Authority of Guam and all related facilities, and which shall coordinate its activities with the Gu…

All Port Security Force officers shall be required to complete training, with a minimum of one hundred twenty (120) hours, on the laws of arrest, searches and seizures, the Vehicle Code of Guam, the Criminal and Correctional Code, the use and handling of firearms, and such other …

Certified, Technical and Professional Positions. (a) The Board shall adopt rules and regulations governing selection, compensation, promotion, performance evaluation, disciplinary action and other terms and conditions of employment of personnel occupying maritime positions unique…

Every person who violates, causes or permits to be violated, or fails or refuses to comply with any rule or regulation adopted pursuant to this Article, is guilty of a misdemeanor. SOURCE: Added by P.L. 13-087:1 (Oct. 31, 1975) as § 14011 GC. Amended by P.L. 13-187:119.1. Codifie…

Coordinating Council. (a) There is hereby created a Territorial Transportation and Communications Coordinating Council (the Council), which Council shall meet on a regular basis as determined by its membership but not less than once each calendar quarter to exchange views and inf…

The Council shall focus its discussions on international, regional and local transportation and communications issues to enhance and assist in the long-range planning efforts for the island, including: (a) The exchange of views, plans, contacts and information among members and w…

D. Leon Guerrero Commercial Port. (a) (1) The Personnel Rules and Regulations for Jose D. Leon Guerrero Commercial Port (hereafter referred to as the “Proposed Rules”) as received by the Legislative Secretary of I Mina’Trenta Na Liheslaturan Guåhan on May 14, 2009, are hereby ado…

This Article may be cited as the “Jose D. Leon Guerrero Commercial Port Revenue Bond Act.” SOURCE: Added by P.L. 13-087:1 (Oct. 31, 1975) as GC § 14050. Codified as 12 GCA § 10201. Repealed and reenacted by P.L. 34-070:2 (Dec. 7, 2017).

The following terms wherever used or referred to in this Article or in any indenture entered into pursuant hereto (except to the extent modified therein in accordance with any indenture), shall have the following meanings, respectively, unless a different meaning appears from the…

(a) Pursuant to 12 GCA § 50103(k), the Board, through the Guam Economic Development Authority (GEDA), has the power and is hereby authorized, in addition to and in amplification of all other powers conferred upon the Board by the Jose D. Leon Guerrero Commercial Port Act or any o…

Except to the extent otherwise permitted or required by an indenture or any contract relating to indebtedness issued or incurred by the COL1312018 Authority, the Authority shall set rates and charges that shall at all times be fixed to yield annual revenues at least equal to: (a)…

Incurring of Other Indebtedness. The validity of the authorization and issuance of or incurrence by the Authority of any bonds is not dependent on nor affected in any way by: (a) proceedings taken by the Authority for the acquisition, construction or improvement of the system or …

Other Indebtedness; Guam Not Liable for Indebtedness; Authority Only Liable as Provided by Indenture or Contract. COL1312018 (a) The Board shall determine the time, form and manner of issuance of bonds. (b) No bond issued or sold pursuant to this Article shall be or become a lien…

to be Issued. Before issuing any bond or bonds, the Board shall declare the purpose for which the proceeds of the bonds proposed to be issued shall be expended and shall specify the maximum amount of bonds to be issued or sold for such purpose. Bonds shall not be issued or sold f…

The Authority, subject to the approval of I Liheslaturan Guåhan in addition to this Article, may enter into indentures providing for the aggregate principal amount, date or dates, maturities, interest rates or methods for determination thereof, denominations, form, registration, …

An indenture may provide for one or several issues of bonds and that bonds may be issued in series or that any issue may be divided into one or more divisions with different maturities or dates of issue, different rates of interest or methods for determining such rates, or differ…

Indenture. An indenture pursuant to which bonds are issued may include any and all covenants and agreements on the part of the Authority as the Board deems necessary or advisable, including without limiting the generality of the foregoing, any one or more of the following: (a) A …

(a) The Authority or any agent designated by GEDA on behalf of the Authority shall act as trustee for the Authority and the holders of bonds issued hereunder and the Authority may authorize the trustee to act on behalf of the holders of the bonds or any stated percentage thereof …

The Authority shall prescribe in any indenture the duties and powers of the trustee with respect to the issuance, authentication, sale and delivery of the bonds provided for in such indenture and with respect to the payment of principal of and interest on such bonds, the redempti…

An indenture may provide that bonds may be issued as coupon bonds or as registered bonds and for the interchange of coupon bonds for registered bonds and registered bonds for coupon bonds, and may provide that bonds shall be registered as to principal only or as to both principal…

An indenture may provide that bonds may be redeemed prior to maturity upon such terms, conditions and upon such notice as are stated in the indenture and upon the payment of such premium as may be fixed by the indenture. SOURCE: Added by P.L. 13-087:1 (Oct. 31, 1975) as GC § 1406…

An indenture may provide for the payment of the principal and interest of bonds at any one or more places in Guam or in the United States and in any specified coin or currency of the United States. COL1312018 SOURCE: Added by P.L. 13-087:1 (Oct. 31, 1975) as GC § 14064. Codified …

An indenture may provide for the execution and authentication of bonds by the manual or facsimile signature of any one or more officers of the Authority and by additional authentication by endorsement by the manual signature or a signature stamp of any one or more officers of the…

Fund. The proceeds from the sale of all bonds authorized by this Article shall be deposited forthwith to the credit of a fund to be designated as the Guam Port Authority Development Fund, which fund is hereby created, and shall be expended for the purposes authorized by this Arti…

Bonds authorized to be issued under this Article shall be sold by the Authority for cash, in accordance with the provisions of a resolution COL1312018 providing for such sale adopted by the Board. The bonds may be sold at either public or private sale, and upon such terms and con…

The Authority may use and expend all or any part of any funds other than revenues or proceeds of any property owned by it other than the system, whether received by gift, appropriation or otherwise (if not restricted as to the use of such funds or proceeds of property by the term…

Bonds. The proceeds of sale of any bonds may be expended for any one or more of the following purposes, all as provided in the indenture relating to such bonds: (a) for payment of any costs or expenses of the acquisition, construction or improvement of the system or any part ther…

(a) All bonds authorized by this Article shall be secured by a statutory lien on revenues of the system. (1) This lien shall arise automatically without the need for any action or authorization by I Maga’låhen Guåhan, the government of Guam, the Authority or any other person or e…

An indenture may provide that pending the actual issuance or delivery of definitive bonds, the Authority may issue temporary or interim bonds, certificates or receipts or any denomination whatsoever and with or without coupons, to be exchanged for definitive bonds when ready for …

The Authority may provide for the replacement of lost, destroyed or mutilated bonds or coupons. SOURCE: Added by P.L. 13-087:1 (Oct. 31, 1975) as GC § 14072. Codified as 12 GCA § 10223. Repealed and reenacted by P.L. 34-070:2 (Dec. 7, 2017). 2017 NOTE: This provision was original…

Bonds issued pursuant to the provisions of this Article and the interest or income therefrom are exempt from taxation to the extent permitted by the provisions of Section 11 of the Organic Act of Guam. SOURCE: Added by P.L. 13-087:1 (Oct. 31, 1975) as GC § 14073. Codified as 12 G…

Performance of Any Act. Notwithstanding any other provision of law, all bonds issued pursuant to the provisions of this Article are legal investments for all trust funds and for the funds of all banks, both commercial and savings and may be deposited as security for the performan…

The Authority may provide for the issuance, sale or exchange of refunding bonds for the purpose of redeeming or retiring any bonds issued under the provisions of this Article or any other prior obligations of the Authority. All provisions of this Article applicable to the issuanc…

In addition to the proceeds of any bonds issued and sold pursuant to this Article, the Authority may use for the payment of the costs of acquisition, construction or improvement of the system or any part thereof any available money or funds of the Authority and any money or funds…

The Authority may insure against loss of revenues from any cause whatsoever. The Authority may insure against public liability or property COL1312018 damage from any cause. An indenture may provide for the carrying of such insurance or any other insurance in such amount and of su…