Guam § 10104 - Same: Duties.

§ 10104. Same: Duties.

The Board shall:

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

confirmation.

COL1312018

(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.

COL1312018

(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.