(a) Conduct their first meeting within thirty (30) days of their confirmation.

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(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.

(d) Maintain constant review and evaluation of the planning, promotion, development, construction, alteration, maintenance and operation of the port facilities, any of which activities the Board may delegate to the Manager.

(e) Establish its internal organization and management and adopt regulations for the administration of its operations and the conduct of its affairs.

(f) In accordance with law, control, manage and have jurisdiction over all government of Guam lands within the boundaries of Cabras Island and Drydock Island and seaward therefrom to the limits of the Glass Breakwater and all areas designated as small boat basins or recreational boating facilities, including submerged lands except for the following:

(1) those facilities under the control and jurisdiction of departments or agencies of the United States government; and

(2) all seashore properties and facilities which fall under the Territorial Parks System and boat launching ramps under the jurisdiction of the Department of Parks and Recreation.

(g) Employ a firm of independent certified public accountants who shall examine and report to the Board, at least annually, upon the status of the financial records and accounts maintained by the Authority. Copies of any such report shall be furnished to the Governor and to the Legislature.

(h) Report to the Governor concerning its administration of the Authority by annual report within one hundred twenty (120) days after the end of each fiscal year and, if requested by the Governor, shall present special reports within thirty (30) days after the end of each intervening quarter. The financial information presented in such reports shall be in accordance with the Uniform System of Accounts adopted by the Board.

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(i) Require operators of water terminal properties and facilities to keep same in proper condition and repair and shall have the right to inspect such terminal facilities at reasonable times.

(j) Establish and modify from time to time, subject only to the regulatory oversight supervision and approval of the Public Utilities Commission, all rates, dockage, rentals, tolls, pilotage, wharfage and charges for the use and occupation of the public facilities or appliances of the Port, and for services rendered by the Port and to provide for the collection thereof.

(k) Review the Manager’s annual estimates and schedules and promptly adjust rates and charges prepared to recover the cost of each facility and service, including interests, loan repayments, amortization of depreciable assets and a reasonable return on value of assets. Additional adjustments in rates may be made from time to time upon approval by the Public Utilities Commission and its determination that such adjustments are “”just”” and “”reasonable””.

(l) Exercise its powers and perform its duties by resolution adopted by majority vote of the Board in public meeting for which notice of an agenda was published in a Guam newspaper of general circulation three (3) times within five (5) days of the meeting. Resolutions shall be signed by the Board Chairman and attested by its Secretary. The Board shall index all of its resolutions which shall be public record, provided, that the Board shall not, except as expressly provided herein, delegate its responsibility for the general operation of the Port.

(m) Adopt, amend and repeal pilotage rules and regulations in accordance with the Administrative Adjudication Law and § 56403 of Title 18 of the Guam Code Annotated, which rules and regula- tions shall provide for safe and efficient navigation of all vessels entering, leaving and operating within Guam waters that are required by § 56403.13 to have a licensed pilot on board; and to ensure an adequate supply of qualified pilots in aid of commerce and navigation.

SOURCE: Added by P.L. 13-087:1 (Oct. 31, 1975) as § 14003 GC. Codified as
12 GCA § 10104. Subsection (f) amended by P.L. 17-071:4 (Oct. 2, 1984). Subsection (m) added by P.L. 25-009:28 (May 12, 1999). Subsections (j) and (k) amended by P.L. 30-052:2 (July 14, 2009).

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NOTE: P.L. 25:009:29 states: Savings Clause. Pending the promulgation or amendment of rules and regulations governing mandatory pilot licensing by the Port Authority of Guam pursuant to the Administrative Adjudication Law, the Port Authority’s existing harbor rules and regulations shall be construed as requiring the use of a harbor pilot by all vessels within pilotage waters, unless exempt pursuant to § 56403.15, and for the supervision and investigation of complaints against all pilots by the Manager of the Port Authority of Guam.