Terms Used In 12 Guam Code Ann. § 10105

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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, association or corporation, as may be deemed necessary for the execution of its responsibilities.

(b) In accordance with 5 Guam Code Ann., Chapter 5 (Procurement Law) and other laws, any property real, personal or mixed, tangible or intangible and hold, maintain, use, operate, encumber or dispose of same whenever deemed necessary in the execution of its responsibilities.

(c) Make any investigation deemed necessary to enable it to carry out its responsibilities, and for this purpose take and hear proofs and testimony and compel by subpoena the attendance of witnesses and the production of books, papers, records and documents, including public records.

(d) Enter into contracts for loans or grants with the government of Guam or with the United States.

(e) At any time or from time to time, incur indebtedness.

(f) Employ, retain or contract for the services of qualified managers, specialists or experts as individuals or as organizations, for advice and assistance.

(g) Adopt, enforce, amend or repeal harbor and port regulations for the use and navigation of Apra Harbor and the facilities of the Port Authority of Guam, and to adopt, enforce, amend or repeal such other orders, regulations and practices that are necessary for the administration and discharge of its duties and powers.

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12 Guam Code Ann. AUTONOMOUS AGENCIES
CH. 10 PORT AUTHORITY OF GUAM

(h) Rules and regulations previously promulgated under the authority of the Department of Parks and Recreation concerning small boat basins and recreational boating facilities are to remain in effect unless or until the Board promulgates additional or different rules and regulations pursuant to Subsection (g) of this Section. All references and rules and regulations pertaining to persons in or duties of the Department of Parks and Recreation in regard to small boat basins and recreational boating facilities shall be considered as pertaining to the General Manager or his designee and the duties of the Port Authority of Guam until or unless the Board amends or promulgates additional or different rules and regulations pursuant to Subsection (g) of this Section.

(i) Notwithstanding any other provision of law, make, negotiate and enter into a commercial lease, or issue a permit or license for the use of its real property and other related facilities for a term not to exceed five years.

SOURCE: Added by P.L. 13-087:1 (Oct. 31, 1975) as § 14004 GC. Subsection (b) as amended by P.L. 16-124:18 (Dec. 29, 1982). Codified as 12 Guam Code Ann. § 10105. Subsection (g) amended by P.L. 17-058:1 (June 22, 1984). Subsection (h) added by P.L. 17-071:5 (Oct. 2, 1984). Subsection (i) added by P.L. 26-028:2 (July 19,
2001).