Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In 17 Guam Code Ann. § 17102

  • 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.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Statute: A law passed by a legislature.
  • Trustee: A person or institution holding and administering property in trust.
The following terms wherever used or referred to in this Chapter or in any indenture entered into pursuant hereto, shall have the following

COL120106
17 Guam Code Ann. EDUCATION
CH. 17 THE UNIVERSITY OF GUAM REVENUE BOND ACT OF 1966

meanings, respectively, unless a different meaning appears from the context:
(a) Governor means the Governor of Guam.

(b) Director of Administration means the head of the Department of
Administration, within the Executive Branch of the government of Guam. (c) Territory means the Territory of Guam.
(d) Organic Act means the Organic Act of the Territory as amended and in effect on the effective date of this Chapter.

(e) Board means the Board of Regents of the University of Guam. Board also means the Governor, the Director of Administration or any other officer or agency of the Territory whenever any action which this Chapter or any indenture requires or permits the Board to take can, under the Organic Act or any provision of this Code or any other statute of the Territory, be taken for or on behalf or in lieu of the Board by the Governor, the Director of Administration or such other officer or agency.

(f) University means the University of Guam maintained under the authority of this Code.

(g) The term project means any one or more capital projects of the University, including, without limitation classroom buildings, administration buildings, dormitories or other housing facilities, vehicle parking facilities or any other auxiliary or supplementary facilities, owned or operated or authorized to be acquired, constructed, furnished, equipped and operated for use by the University, students, faculty members or other employees, or a combination of such facilities, which may include facilities already completed and facilities authorized for future completion, designated by the Board as a project in providing for the issuance of bonds.

(h) The term bonds or revenue bonds means the written evidence of any obligation issued by the Board with the approval of the Governor, payment of which is secured by a pledge of revenues or any part of revenues as provided in this Chapter, in order to obtain funds with which to carry out the purposes of this Chapter, irrespective of the form of such obligations.

(i) The term revenues means and includes any and all tuition, fees, rates, rentals and other charges received or receivable in connection with, and any and all other income and receipts of whatever kind of character,

COL120106
17 Guam Code Ann. EDUCATION
CH. 17 THE UNIVERSITY OF GUAM REVENUE BOND ACT OF 1966

derived by the Board from the operation of the University or from the operation of or arising from a project.
(j) The holder of bonds or bondholder or any similar terms shall mean any person who shall be the bearer of any outstanding bond or bond registered to bearer or not registered or the registered owner of any such outstanding bond or bond which shall at the time be registered other than to bearer.

(k) The term indenture means an agreement entered into and approved or adopted by a majority of all of the members of the Board, with the approval of the Governor, pursuant to which bonds are issued, regardless of whether such agreement is expressed in the form of a resolution of the Board or by other instrument.

(l) The term person includes any individual, firm, corporation, association, copartnership, trust, business trust or receiver or trustee or conservator for any thereof, but does not include the United States or the Territory or any public corporation, political subdivision, city, county or district or any agency or instrumentality of the United States or of the Territory.

(m) (1) The present tense includes the past and future tenses; and the future, the present.
(2) The masculine gender includes the feminine and neuter.

(3) The singular number includes the plural, and the plural the singular.
(4) Shall is mandatory and may is permissive.

SOURCE: GC § 11850.1. Subsection (g) repealed and reenacted by P.L. 24-275:3. Subsection (i) repealed and reenacted by P.L. 24-275:4.

NOTE: Director of Finance and the Department of Finance were changed to Director of Administration and Department of Administration by authority of P.L. 9-239.

Throughout this Chapter, reference is made to the College Auxiliary Services Fund created in § 11841, Chapter 10 of Title XII of the Government Code. Chapter 10, however, was repealed in its entirety with a new Chapter 10 added pursuant to P.L. 13-
194 wherein § 16124 Guam Code Ann. (former § 11847 GC) established a new fund designated the University of Guam Fund.