20140611 Miercoles = Wednesday 218pm PART 2 OF 3 PROYECTO 1928; Reunir el LRARR con la Aurtoridad de los Puertos === PROJECT 1928: Join the LRARR with the Port Authority camaraderepresentantes.org/imedida.asp?r=P%20C1928 {BAF409DE-F329-4256-852E-A51EE34838BB}.doc === GOOGLE TRANSLATE === COMMONWEALTH OF PUERTO RICO 17th. The 3rd Assembly. Session AN ACT HOUSE OF REPRESENTATIVES HB 1928 APRIL 30, 2014 SECTIONS 4 TO 7 Section 4-Creating Authority For this a public corporation and instrumentality of the Commonwealth of Puerto Rico under the name Port Development Authority Properties of the Commonwealth of Puerto Rico is created. Said corporation shall be the successor to the Ports Authority of Puerto Rico and the Redevelopment Authority of the Land and Facilities Naval Station Roosevelt Roads for all purposes including, without it being construed as a limitation, the collection and payment debts and obligations in accordance with the terms thereof. The Authority is established by this Act and shall be a public corporation and government instrumentality with legal personality and existence separate and apart from the Commonwealth of Puerto Rico and any officer thereof. The debts, obligations, contracts, bonds, notes, bills, receipts, expenditures, accounts, funds, companies and properties of the Authority, its officers, agents or employees be understood that those of said corporation and not of the Commonwealth of Puerto Rico or any office, bureau, department, commission, agency, municipality, industry, agent, officer or employee thereof. Section 5 Board of Directors The powers, duties and responsibilities of the Authority shall be exercised by a Board of Directors which will be known as the Board of Directors of the Development Authority Port Property of the Commonwealth of Puerto Rico. Said Board shall consist of five (5) members. The (a) President (a) of the said Board shall be (a) Secretary (a) Economic Development and Trade and the (the) Secretary (a) of the said Board shall be (a) the Director (a) Executive ( a) of the Tourism Company. The rest of the members of the Board shall be given the (a) President (a) of the Government Development Bank; and two (2) public interest representatives who shall be appointed by the (a) Governor (a) of the Commonwealth of Puerto Rico with the advice and consent of the Senate. The members of the Board appointed by the (a) Governor (a) serve for terms of six (6) years. In subsequent one (1) of the members shall serve for a term of two (2) years; two members shall serve for a term of three (3) years and one (1) member shall serve for a term of four (4) years, as determined by (a) Governor (a), from the date are appointed. The (a) Secretary (a) Economic and Trade Development, (the) director (a) Executive (a) of the Tourism Company and (the) President (a) of the Government Development Bank will remain in their positions the Board, during the term of his incumbency in office that empowers belong to it. Any vacancy created by the resignation, death, disability or removal of an appointed member of the Board shall be filled by appointment of (the) Governor (a) for a period of sixty (60) days from the date of occur and the vacancy for the remainder of the term of the replaced member. The (a) Governor (a) may remove from office any of the less severe appointed representatives, upon indictment, notice and hearing, for negligence in the performance of their duties, conviction of a felony or conviction of crime involving moral depravity, repeated and unjustified absence at board meetings, conflict of interest or total and permanent incapacity to perform the functions of office. No member of the Board shall be entitled to receive payment of allowances, salary, emoluments or any kind of compensation for the performance of his duties as a member of the Board of Directors of the Authority. This prohibition does not prevent the public corporation to acquire and provide food for reasonable cost to members of its governing body, immediately before or immediately after a duly convened meeting. A quorum of the Board shall be composed of three (3) members for purposes of conducting any meeting and all actions of the Board shall be approved by the affirmative vote of a majority of Board members present. In addition, it is a condition sine qua non to have a quorum is constituted, the attendance at meetings of the Board (the) President (a) or Secretary (a) thereof. The members of the Board shall not be personally liable for the obligations of the Authority, and the rights of creditors of the Authority shall be solely against it. The Authority itself or contract, defend the members of the Board and shall indemnify and hold harmless and indemnify all members of the Board, whether or not members of it at the time of the claim, against any personal liability, actions, causes of action and any and all claims made against such action by any member thereof in good faith in the performance and within the scope of their work as members of the Board in accordance with the provisions of this Act and any other applicable laws, except in cases of clear and proven gross negligence or illegal actions. No member of the Board may participate in any decision or have access to any information relating to the matter or matters in which he has a personal interest and / or economic as defined in this Act is The Authority may issue all rules, regulations or circulars as it deems necessary to implement the provisions of this article. Director Section 6 (a) Executive (a) The Board shall appoint one (a) the Director (a) Executive (a) who shall serve for a term of four (4) years, renewable for additional terms similar and will be awarded a competitive compensation plan that is analogous to that of other jurisdictions where similar facilities are operated. The (a) the Director (a) Executive (a) shall be responsible for the execution of the duties and powers as may be delegated by the Board and shall represent the Authority in all acts and contracts that must be executed in the exercise of their duties, and shall perform the duties and have the responsibilities, authorities, powers and authority as may be delegated by the Board. Also delegated by the Board, shall exercise supervision of all officers, employees, agents, contractors and subcontractors of the Authority. Among others, the functions of (the) director (a) Executive (a) shall include, but is considered as a limitation, the following: be the principal executive officer of the Authority; establish work plans and submit reports to the Board, together with its recommendations for approval; prepare a Five-Year Strategic Plan consistent with the public policy established by this Act, which shall be submitted to the Board for review, recommendation and approval; submitted for Board approval all necessary regulations for the purposes pursued in this Act; prepare and submit to the Board the annual budget of the Authority; authorize and supervise all contracts necessary for the operation of the Authority subject to the rules established by the Board; hiring professional, advisory and technical services necessary to fulfill the purposes of this Act; establish, organize, direct and supervise the administrative structure of the Authority; establish performance levels of the operations of the Authority, including the ability to recruit and hire any of the officers and employees under their supervision, subject to rules established by the Board; attend all Board meetings, without the right to vote; perform such other functions as may be assigned by the Board. Section 7 Powers of the Authority The Authority will aim to develop, improve, own, operate and manage any and all types properties, installations, facilities, and air, sea and economic development and tourism services alone or in coordination with other government, corporate entity or city of the Commonwealth of Puerto Rico, as well as implement the Redevelopment Plan and Reuse of Naval Station Roosevelt Roads and develop, improve, own, operate and manage such facilities. To run the above purposes, the Authority shall have the power and the right to: have perpetual succession as a body; identify, adopt, alter and use a corporate seal which shall be judicially noticed as provided in the Rules of Evidence of Puerto Rico; identify, adopt, alter and use a symbol and logo which will be known by the Authority and shall have the right, in its sole discretion, to modify, alter or change from time to time, the same as it deems necessary; concessions, licenses or any other arrangement by which the use is authorized by another name or right about the name, symbols and logos of the Authority and any other structure of the Authority without having to comply with any requirement law or regulation that may apply; sue, be sued, and defend in all courts having jurisdiction over the Authority; acquire by gift, purchase, or otherwise, hold, receive, lease, sublease and use any license, franchise or personal property, or mixed property, tangible or intangible, or any interest thereon, whether located within or outside the Authority; to sell, transfer, lease, sublicense, assign or otherwise dispose of or transfer any of your furniture, or mixed property, tangible or intangible, or any interest therein, whether located inside or outside of the Authority; pledge, hypothecate or otherwise encumber or assign any of your furniture, or mixed property, tangible or intangible property, and income or receipts, present or future, including, but not limited to any interest in contracts, leases, subleases or grants, fees for benefits and income taxes on employment or other income; make contracts and execute all instruments necessary or convenient in the exercise of any of its powers; have complete control over any company that acquires or builds, including the power to determine the character and the need for all expenses, and the way how the same shall be incurred, allowed and paid, without regard to any provision of law governing expenditure of public funds and such determination shall be final and binding for all employees of the Commonwealth of Puerto Rico; formulate, adopt, amend and repeal any such rules and regulations as may be necessary or proper for the exercise and performance of its powers and duties; formulate, adopt, amend and repeal bylaws to govern the rules of business in general and to exercise and perform the powers and duties granted by law and impose; prepare or cause to be prepared plans, projects and estimates of costs for the construction, reconstruction, extension, improvement, extension or repair of any company or part or parts thereof, and from time to time to modify such plans, projects and budgets; acquire in any lawful manner, including, without limitation, the acquisition by purchase, either by agreement or by the exercise of power of eminent domain over those lands or interests in lands, public or private, lease, you bequest, devise or donation, and hold, maintain, use and develop any business or part or parts thereof; acquire, produce, develop, manufacture, possess, to keep, to use, distribute, deliver, exchange, sell, lease or otherwise provide any and all equipment, materials, services, effect, and such other real or personal property the Authority deems necessary, proper, incidental or convenient in connection with its activities; acquire, possess and use any real, personal or mixed, tangible or intangible, or any interest therein as it deems necessary or appropriate to carry out the purposes of the Authority, and lease or exchange any property or interest therein acquired by it at any time; construct, reconstruct and operate any business or part or parts thereof, and any addition, improvement, extension to any business of the Authority, under contract or contracts, or under the direction of their own officers, agents and employees or through or mediation thereof; determine, fix, alter, charge and collect rates, fees, rentals and other charges for the use of the facilities or services of the Authority, or other items sold, loaned or supplied by the Authority, which are fair and reasonable. Such rates, fees, rentals and other charges shall be sufficient for at least: i. cover the costs incurred by the Authority in the preservation, development, improvement, extension, repair, maintenance and operation of its facilities, facilities, property and services; ii. the payment of principal and interest on any bonds of the Authority and to comply with the terms and provisions of agreements that may be made with or for the benefit of purchasers or holders of such bonds; and iii. encourage the use of its facilities, property, facilities and services of the Authority in the wide and varied way that is economically feasible. The Board may make changes to the overall structure of rates and if the immediate effectiveness of these in case of emergency or temporary increase considered necessary, shall file the tariff regulation in the State Department, pursuant to the provisions of Act No. 170 of August 12, 1988, as amended, known as the Uniform Administrative Procedure Act, and proceed under the Act provided for such cases. Charges impose benefits, which constitute a burden and a tacit legal lien imposed by the Authority on their private plots (properties and facilities) in proportion to profit or benefit received or to be received by any program or project to be carried out, as applicable. The procedure for setting the amount of the Benefit to be imposed shall be established by regulation. The proceeds from the collections of Charges Benefits, or bonds secured by Charges Benefits, will be used only to finance the operating and other expenses of the Authority and the planning, development, construction, operation, repair, replacement, marketing, maintenance or services related to private parcels (properties and facilities) of the Authority, as applicable. The Board is authorized to impose charges against one or more private parcels (properties and facilities) of the Authority to direct or substantially benefit of one or more projects on private plots (property and equipment) made or performed. The amount of charges to be imposed shall be based on the benefit or utility that each private parcel (property and equipment) receives or may receive from the service or improvement thereof or of such projects on private plots (properties and facilities), as determined by the Board. The Board, before the beginning of each fiscal year, prepare and adopt an annual budget of estimated expenditure for the next fiscal year and the development, construction, maintenance, repair, replacement, renovation, expansion, marketing and operation by the Authority on these parcels private (property and equipment). The annual budget may be amended by the Authority from time to time as necessary to cover any increase in costs or expenses of the Authority, and to cover any increase in Benefit Assessments. The annual budget shall include the following information: iv. description of the projects and improvements on private plots (properties and facilities) or expansions thereto, to be constructed; v. Estimate projects and improvements on private plots (properties and facilities) or expansions thereto to be constructed and the estimated cost of maintenance, repair, replacement, renovation, marketing and operation of projects or improvements on private plots (property cost and facilities), or part thereof already existing; vi. total amount to be levied and collected in respect of Benefit; vii. Benefits amount of charges to be imposed on each private parcels (properties and facilities) within the Authority; viii. Description and cost of the improvements to be constructed, replaced or renewed expenditure to be financed by the Benefits Charges to be imposed. Any portion of the Authority that is exempt from property taxes pursuant to a determination by a public entity or (the) Governor (a) of the Commonwealth of Puerto Rico under any program of government incentives, will not be exempt from payment of Benefit. Any portion of the property within the Authority that has not been sold, leased, subleased or otherwise transferred by the Authority as a private parcels (properties and facilities) shall be exempt from the payment of Benefit. Unless otherwise provided in this Act, any owner or lessee of a private parcels (properties and facilities) shall be exempt from the payment of benefits by the renunciation of the use or the benefit received, or the abandonment of private parcels (properties and facilities) charged to be financed by such charges. By adopting the annual budget, or any amendment thereto, the Board shall, levied and collected Benefits Charges of each owner or lessee of private parcels (properties and facilities). The Tax Benefits Charges against every private parcels (properties and facilities) shall be payable in equal monthly installments or otherwise determined by the Board, the first day of each month or on any other day as determined by the Board. Any payments received after the tenth (10th) day of each month or after any period of time, as determined by the Board, will be delinquent and the total amount of Charges Benefits thereafter be subject to a fee delinquent and shall bear interest in an amount to be determined by the Board pursuant to the law applicable from the date the fee was paid benefits it until payday. Any payments received will be applied first to any interest accrued on the unpaid benefits fee, then to any late charge imposed by the Board, then to any costs and costs incurred in the collection process lawyers, and finally to pay the fee Profit for defaulting. After the end of the tenth (10th) day of each month or after any period of time, as determined by the Board, the Authority shall require the tenants or owners of private plots (properties and facilities) delinquent by certified mail acknowledgment, payment of all amounts then owed to the Authority. If such tenants or owners do not pay all amounts due to the Authority within fifteen (15) days after submission of the request for payment by the Authority, the Authority may require the payment of all amounts then due in court. Charges for delinquent Benefits, plus any penalties, interest and late fees, may be judicially claimed under the provisions of Rule 60 of the Rules of Civil Procedure of Puerto Rico, 2009, as amended, or any successor rule, without regard to the amount of the charges to be claimed benefits. If delinquent amounts are payable by a tenant of a private parcels (properties and facilities) of the Authority, or any portion thereof, the Court may order that the tenant deposit to the Court for the benefit of the Authority, all revenues, income or products received by such tenant in relation to the private parcels (properties and facilities), until the delinquent Benefits Charges and any penalties, late fees or interest thereon have been satisfied in full. Fees for tax benefits under the provisions of this Act shall constitute a tacit legal lien on private plots (property and equipment), which take precedence over any other lien on the property irrespective of their nature, are property taxes before or after tacit legal charge determined by the Benefits Charges, except they be subject to: the tax lien securing the payment of delinquent contributions transferred under Article 6 of Law No. 21 of June 26, 1997, as amended, known as the Sale of Tax Debts; the lien for property taxes imposed by Act No. 83 of August 30, 1991, as amended, known as the Municipal Property Tax 1991, or any successor statute; and _ prior encumbrances of _____________ 2014. Tacit legal lien Benefit Charges only guarantee payment for Charges Benefits described in this Act under the applicable annual budget approved by the Board, as the same may be amended. Tacit lien created by this Act shall be in favor of the Authority and only guarantee payment of all charges payable benefits, late charges, interest and all reasonable costs and expenses as well as attorneys fees, incidental to the process of collection incurred by the Authority. The Benefits Charges shall be at the discretion of the owner or lessee, paid in full in advance for the years for which prevailed, and the Authority may grant a change, save it deems appropriate, as provided in its regulations or rules, which shall be uniform for all owners or tenants. determine, fix, alter, charge and collect rates, fees, rentals and other charges for use of its facilities or services at airports and ports owned or operated by the Authority. Without constituting a limitation those rules, also will continue as guides that discretion be used to determine the reasonableness of such rates, fees, rentals and other charges, the following criteria: ix. any fee or charge on aviation fuel received by the Authority shall not be taken into account for the purpose of offsetting the costs and thus lead to a reduction in rates, fees, rentals and other charges to be paid by airport users; x. revenues received by the Authority by way of grants, leases and other similar services at airports will not be taken into account in order to offset costs and thus produce some reduction in rates, fees, rentals and other charges payable users thereof; xi. in the landing areas, passenger terminals and cargo and other airport facilities in separate divisions and subdivisions of costs shall be established to determine what should reasonably be charged for the use of the facilities or services of each of those divisions or subdivisions; xii. to fix the rates and other charges in the passenger terminals, the costs of public circulation space and waiting between tenants occupying the leasable area will be distributed; xiii. to fix the rates and other charges in the passenger terminals, the costs of the baggage claim areas and adjacent areas for baggage tugs will be distributed exclusively among the airlines that use these areas; xiv. to fix the rates and other charges for the use of landing areas will be used as the unit of measure the maximum gross weight allowed the plane to take off and not quantity discounts will be granted; xv. to fix the rates and other charges for the use of the landing areas, while air carriers operating in Puerto Rico or from Puerto Rico and the Virgin Islands show they have higher operating costs or ability to pay less than the of carriers operating between Puerto Rico and the U.S. or between Puerto Rico and foreign countries, a reasonable differential for local, ie flights to localized areas in Puerto Rico and the Virgin Islands, flight mode is set to for such flights, rates, fees and charges are proportionately lower than the rates, fees and charges applicable to flights going to or through the United States or foreign countries; xvi. through the general structure of rates, fees, rentals and other charges, the Authority will recover any increases that may be necessary or desirable to permit or facilitate the issuance of bonds by the Authority from time to time determine authorize, issue, sell or be outstanding in accordance with the provisions of this Act; xvii. in setting rents and other charges that the Authority must impose and charge users that are not air carriers, shall take into account such users must pay those rates, fees, rentals and other charges that yield the maximum economic benefit to the Authority . require arrangements or contracts related to projects on private plots with any municipality, agency or instrumentality of the Commonwealth of Puerto Rico or the Federal Government for the planning, construction, opening, grading and closing streets, roads, alleys are made or elsewhere, or to public services or goods, or services with respect to any project within a private plot, are provided; facilitate, provide or contract for private security services are provided and to coordinate and contract with the Superintendent of Police of Puerto Rico the creation of a special division to be responsible for providing security at facilities and properties where the Authority requiring such services; appoint such officers, agents and employees and vest those powers, duties, and to fix, change and pay such compensation for their services by the Authority; borrow money, make and issue bonds of the Authority for any of its corporate purposes or for the purpose of financing, refinance, repay or redeem any of its bonds or obligations issued or assumed, and guarantee the payment of its bonds and each and any of its other obligations by pledge or mortgage or other lien on all or any of its contracts, revenues, income or property; make and issue bonds for the purpose of funding, refunding, buy, pay or redeem any bonds or obligations issued or surrogate for her, they are outstanding; or any bond or obligation whose principal or interest is payable in whole or part of their income; accept donations, and contracts, leases, agreements or other transactions by any federal agency, the Commonwealth of Puerto Rico or any political subdivision thereof, and to expend the proceeds of any grant for any corporate purpose; receive and accept grants from any government agency, or assistance to the purposes of the Authority, receive and accept aid or contributions from any source of money, property, labor or other things of value, to be held, used and applied only to the purposes for which such grants and contributions are made; sell or otherwise dispose of any real, personal or mixed property, or any leftover interest thereof, which in the opinion of the Board is no longer required for the purposes of the Authority or to effectuate the purposes of this Act; enter upon notifying the owners or holders, or their representatives, in any land, water body or property with the purpose of making surveys, surveys or studies; acquire, hold and dispose of shares, membership rights, contracts, bonds or other interests of other corporations and to exercise any and all powers or duties in relation to them, and get the organization in accordance with the Act and to exercise dominion or partial Total of subsidiary corporations, affiliates or associates, provided that, in the opinion of the Board, such an arrangement is necessary, appropriate or desirable to carry out the purposes of the Authority or the exercise of its powers; and sell, lease, donate or otherwise grant any property of the Authority or delegate or transfer any of its rights, powers, functions or duties of any of those corporations subject to their domain. The power to delegate or transfer, referred to above, shall not extend to the right of expropriation of rates which shall be exercised directly by the Authority; any grant of franchise rights and privileges of public or quasi public to public carriers of persons or property, made by the Public Service Commission, contain provisions requiring the licensee to comply with the regulations of the Authority and to provide for the termination of such franchise for noncompliance with this standard; Translation posted by Traducion publicado por Bobby Robert Davis Ceiba, PR RRES 1968-70 1st to 3rd Grades Ceiba, PR RRMS 1970-72 4th to 6th Grades Humacao, PR CSAA 1973-77 7th to 10th Grades Hucares Playa Naguabo, PR 2003-04SOLUCIONES ECONOMIA PUERTO RICO PUERTO RICO ECONOMY SOLUTIONS PUERTO RICO DEVELOPMENTS AND INVESTMENTS caribbeanbusinesspr/news/prouty-i-believe-in-a-pr-renaissance-and-the-smart-money-does-too-93788.html facebook/vacationrentalspuertorico facebook/partidopuertorico lafrr mvcaribbeanblue@gmail twitter@partidodepr Tel: (787) 988-1387 Youtube Video: Cuando Volvamos, Regresa el Progreso. === When We Return, Progress Returns youtube/watch?v=KAKYhOfpwU0 NEWS US BLOOMBERG: John Paulson says... https://facebook/groups/418072981661826/permalink/438556076280183/ CRISIS by Albert Einstein: inqu.uprm.edu/blog/news/53 Hubble Star-Forming Region NGC 3603 run elizabeth run warren2016 share like
Posted on: Wed, 11 Jun 2014 18:55:12 +0000
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