Terms Used In 12 Guam Code Ann. § 1105

  • Contract: A legal written agreement that becomes binding when signed.
  • Devise: To gift property by will.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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
  • Personal property: All property that is not real property.
  • Statute: A law passed by a legislature.
The Authority shall have and exercise each and all of the following powers:

(a) Acquire, construct, reconstruct, purchase, better, extend, improve, operate and maintain airports and related facilities owned or used by Guam for civil aviation purposes.

(b) Acquire by grant, purchase, gift, devise, lease, permit, right of entry or by the exercise of the right of eminent domain in accordance with the provisions and subject to the limitations of laws of Guam including 5 Guam Code Ann., Chapter 5 [Procurement Law], and hold and use any real and personal property necessary, convenient or useful for the carrying out of any of its powers pursuant to the provisions of this Chapter, and to dispose of the same.

(c) To construct, operate and maintain runways, taxiways and related airport facilities on property owned by the United States and used by Guam pursuant to agreement with the United States.

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(d) To assume the benefits and obligations of Guam under that certain Joint Use Agreement executed between Guam and the United States on July 19, 1974, and to assume or enter into agreements executed pursuant to said Joint Use Agreement, all the above being performed as an instrumentality of the government of Guam.

(e) To impose, prescribe, revise and collect fees, rates, rentals, landing fees and charges for the use and services of, and the facilities and commodities furnished by the airports operated by the Authority and to charge and collect any fees permitted by the Joint Use Agreement, and to pay charges and costs imposed by said Agreement upon Guam.

(f) To acquire from the United States, under any appropriate federal statute, lands made available for airport purposes to Guam and to comply with the conditions established by the United States as necessary for the acquisition of such lands.

(g) To apply for, receive and use, all according to the terms thereof, grants-in-aid, or grants-in-kind from the United States for use by the Authority for airport purposes.

(h) To make and enter into contracts, leases, concession agreements and permits and to execute all instruments necessary or convenient in the exercise of its powers, including without limitation, the purchase of liability and casualty insurance for airport purposes, adopt a seal and sue or be sued in its own corporate name.

(i) To, at any time and from time to time, issue general or special revenue bonds pursuant to Article 2 of this Chapter.

(j) To enter into leases with the government of Guam or with the United States, provided that no such lease shall exceed forty (40) years in duration.

(k) To employ agents and retain or contract for the services of qualified consultants, specialists or experts, as individuals or as organizations, to advise and assist the Authority and its employees, all of which may be

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accomplished without regard to the portion of the Personnel
Laws relative to compensation.

(1) To adopt such rules and regulations, pursuant to the Administrative Adjudication Act, as may be necessary for the exercise of powers and performance of the duties conferred or imposed upon the Authority or the Board.

(m) To do any and all other things necessary to the full and convenient exercise of the above powers.

Nothing contained in this Section, or by implication in this Chapter shall be construed to be in any way in derogation or limitation of powers conferred upon or existing in the Authority or in the Board by virtue of the Organic Act, the laws of Guam or the Government Code.

SOURCE: GC § 62004, as enacted by P.L. 13-057 (Sept. 26, 1975); Subsection (b) amended by P.L. 16-124 (Dec. 30, 1982).