The following terms shall have the meanings stated hereinbelow, unless the context clearly indicates otherwise, and the words used in singular shall include the plural and vice versa:
(a) Federal agency. — The United States of America, its President, any of the departments of the executive branch of the government of the United States of America, or any corporation, agency, or instrumentality created or which may be created, designated, or established by the United States of America.
(b) Navigable waters of the Port of the Americas. — The navigable waters of the Commonwealth of Puerto Rico adjacent to the Port of the Americas whose control and dominion by the Authority is necessary or convenient for the efficient operation of the Port. The Board of Directors of the Port of the Americas Authority, upon consultation with the Ports Authority, shall determine the scope of the geographic area that will comprise the navigable waters of the Port of the Americas.
(c) Authority. — The Port of the Americas Authority, created by this chapter.
(d) Bonds. — The bonds, temporary bonds, refunding bonds, provisional bonds, notes, promissory notes, receipts, certificates, or other evidence of debt of the Authority issued pursuant to the provisions of this chapter.
(e) Executive Director. — The Executive Director of the Port of the Americas Authority.
(f) Emergency. — Any situation which requires immediate action because the life or health of one (1) or more persons is at risk, because there is a risk of damage to or loss of public property, or because there is a risk of suspending or adversely affecting the public service.
(g) Contracted entity. — The private or public natural or juridical person or a consortium thereof, selected by the Authority to design, develop, build, operate, or maintain the Port of the Americas.
(h) Board or Board of Directors. — The Board of Directors of the Authority, and should the same be abolished, the board or entity that succeeds the same in the discharge of its duties.
(i) Dock. — All useful facilities on land for docking ships or for loading or unloading persons or things at the Port of the Americas.
(j) Person. — Any natural person or legal entity, including, but not limited to, any government agency or instrumentality or any public or private individual, firm, partnership, stock company, association, or corporation organized or existing under the laws of the Commonwealth of Puerto Rico, the United States of America or any of its states, or of any foreign country, any federal agency, or any combination of the above.
(k) Property. — Any property, whether real or personal, tangible or intangible.
(l) Port of the Americas or Port. — The navigable waters of the Rafael “Churumba” Cordero Santiago Port of the Americas and its port zone, maritime-land zone, lands submerged under port waters, and adjacent lands included in the geographic area within which the activities of the transshipment port located in the southern region of Puerto Rico are conducted, including piers, berths, wharves, jetties, breakwaters, dikes, docks, railroad connections, sidings, or other buildings, structures, facilities, or improvements used for navigation, the accommodation of ships and their cargo, the storage of cargo and containers, the handling of cargo and containers, the transfer activities, and any other activity incidental to the foregoing. The Board of Directors of the Port of the Americas Authority shall determine the scope of the geographic area that will comprise the Rafael “Churumba” Cordero Santiago Port of the Americas.
(m) Rate. — Any fee, rent, charge, or quota fixed by the Authority or the port’s operator for services rendered or for the use of the facilities under its control.
(n) Bondholder. — Any person who is the bearer of any outstanding bond, recorded in his name or not recorded, or the owner, according to the registry, of any outstanding bond which as of that date is recorded in the name of a person other than the bearer.
(o) Maritime Land Zone. — Shall mean the portions of the coasts of Puerto Rico touched by the sea during its ebb and flow, where tides are noticeable, and the portions of the coasts touched by the largest waves during a storm where tides are not noticeable, including the lands gained from the sea, accretions, and the river banks up to the place where they are navigable or the tides are noticeable.
(p) Port zone. — That part of the maritime land zone and other lands adjacent to the Port that are delimited by the Board as the Port’s port zone.
History —Aug. 11, 2002, No. 171, § 2; June 28, 2004, No. 166, § 2.