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Terms Used In 12 Guam Code Ann. § 6105

  • 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.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Statute: A law passed by a legislature.
(a) The Authority may:

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

(2) Plan public transit services, devise and follow schedules, operate facilities and terminals, and otherwise engage in the necessary actions to provide public transit service and public parking management.

(3) Acquire personal and real property through negotiation, grant, gift, lease, or permit in accordance with the provisions and subject to the limitations of laws of Guam, including Chapter 5, Title 5, GCA, 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.

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(4) Receive and disburse Federal funds, submit project grant applications, program of projects to Federal agencies, and enter into formal agreements concerning projects with Federal agencies.

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

(6) Impose, prescribe, revise policies and collect fees for the purposes of carrying commercial advertisement on real and personal property owned by the Authority or used in the provision of transit services pursuant to this statute.

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

(8) Shall enter into contract with the Attorney General to address legal issues.

(b) The Authority shall:

(1) Operate a system of public transportation.

(2) Establish operational routes, schedules, fares and policies consistent with the purpose of the Authority. Such services may be altered or modified only after completing the following:

(A) Public Outreach Notice. The GRTA shall provide notice no less than ten (10) working days before the effective date of the proposed changes. Notices shall be posted, made available and disseminated at the office of the GRTA and within vehicles used to provide the services of the GRTA.

(B) World Wide Web Notice. The GRTA, no less than ten (10) working days before the effective date of the proposed changes, shall publish a World Wide Web (Web) page, available to the public via the GRTA website. The Web page link shall be highly visible on the GRTA””s main web page, and should legibly state in bold letters, “”Guam Regional Transit Authority Service Change Proposal””.

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(C) Public Hearing Notice. The GRTA shall hold at least three (3) public hearings on proposed changes at least thirty (30) days prior to the effective date of the proposed changes. One (1) of the public hearings shall be held in a location in northern Guam; one (1) of the public hearings shall be held in a location in central Guam; and one (1) of the public hearings shall be held in southern Guam.

(i) No public hearing shall be held unless notice of the hearing has been advertised in a newspaper of general circulation at least twice. The notices shall be made five (5) working days and forty-eight (48) hours prior to the first scheduled hearing.

(ii) Any interested party, in person or their authorized representative, shall be afforded an adequate opportunity to participate in the formulation of the proposed changes through the presentation of facts or arguments or the submission of written data or views. All relevant matter presented shall be documented by the GRTA and officially submitted to the Board for disposition.

(D) Notices. All notices shall include the following: (i) date of notice;
(ii) GRTA point of contact name, telephone number and email;

(iii) effective date of proposed change(s);

(iv) all public hearing dates, locations and times; and

(v) summary of proposed change(s) to established route, schedule fare or policy.

(E) Board Approval. The Board shall approve or disapprove the proposed changes.

(F) Effective Date. No change(s) to established operational routes, schedules, fare and policies shall be effective until after compliance with the provisions of this Section.

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(c) 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 and the laws of Guam.

SOURCE: Subsection (b)(2) amended by P.L. 31-268:2 (Dec. 12, 2012).

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