P.R. Laws tit. 23, § 6412
The Authority shall have the following powers and rights:
(a) Determine the symbol and logotype through which the Center and any other structure of the Authority shall be known, and at its sole discretion may modify, alter or change them from time to time, as deemed necessary, and to grant concessions, licenses, or any other type of agreement whereby the use of the name or rights on the name, symbols, and logotypes of the Center and any other structure of the Authority by third persons is authorized, without having to comply with any other legal requirement or applicable regulations.
(b) Sue, be sued and defend itself in all courts that have jurisdiction over the Authority, the Center or the District.
(c) Acquire by gift, purchase or otherwise hold, receive, lease, sublease and use any license, franchise or personal, real or mixed, tangible or intangible property, or any interest thereon, whether it is located in or outside of the District.
(d) Sell, transfer, lease, sublease, cede, or otherwise dispose or transfer any of its personal, real or mixed, tangible or intangible property or any interest thereon, whether located in or outside of the District.
(e) Enter into or execute contracts, agreements and other instruments, to carry out the purposes of this chapter or any other provision of law.
(f) Acquire, retain, develop, design, construct, improve, maintain, administer, operate, furnish, install, equip, repair, possess, lease or sublease the Center, the improvement projects, projects in private parcels, the District, or any part thereof, and enter into or execute contracts with any person, association, partnership, corporation, federal agency or public or municipal body of the Government of the Commonwealth of Puerto Rico, to develop, design, finance, construct, improve, maintain, promote, market, operate, administer, furnish, install, equip, replace and repair the Center, the improvement projects, projects in private parcels or the District, or any part thereof.
(g) Draft and adopt regulations for the administration and regulation of its affairs, and promulgate rules, regulations and policies regarding the performance of its functions and duties.
(h) Make loans in order to finance the costs of the Center, the improvement projects and the projects in private parcels or the District, and comply with any of its corporate purposes and powers at the discretion of the Board; make and issue negotiable bonds of the Authority; secure the payment of said bonds or any part thereof, through the pledge, mortgage, assignment, trust indentures of the properties of the Authority located in or outside of the District, charges for benefits, occupancy tax revenues, other income, rents, fees, receipts, and any interest in contracts, leases or subleases; enter into any agreements with the buyers or holders of said bonds or with other persons with whom the authority has an obligation with regard to any bond, issued or to be issued, as the Authority deems advisable, which shall constitute contracts with said buyers or holders; obtain any asset which increases its capacity to borrow money, or for debt financing that will increase its liquidity with regard to any bonds, in the manner that the Authority deems beneficial; and, in general, provide collateral security for the payment of the bonds and the rights of the holders thereof.
(i) Pledge, mortgage, or otherwise encumber or assign any of its present or future personal, real or mixed, tangible or intangible properties, and its present and future revenues or receipts, including, but not limited to any interest in contracts, leases, subleases, or concessions, charges for benefits, and occupancy tax revenues, or other income.
(j) Procure insurance with such coverage, including, but not limited to insurance covering the timely payment in full of all the principal and interest on the bonds issued by the Authority, in the amounts, and from the insurers that the Authority deems are necessary or desirable for its purposes, and for the operation of the District and the Center.
(k) Invest its moneys pursuant to the regulations promulgated by the Government Development Bank for Puerto Rico for government entities, pursuant to §§ 1261 et seq. of Title 7, or any successor provision of law.
(l) Appoint and hire all the officials, representatives, employees or managers that are required for the performance of its duties, fix and determine their qualifications, duties and remuneration, and retain or employ other agents or consultants, including, but not limited to architects, auditors, engineers, lawyers and private consultants, by contract or otherwise, to render and provide professional or technical services and advice.
(m) To appoint and hire an Executive Director, who shall be the chief executive officer of the Authority, who shall receive the compensation determined by the Board based on salary competitiveness studies for similar positions in other jurisdictions and shall serve according to the parameters established by the Board. The Executive Director shall be recruited on the basis of his/her experience, knowledge and administrative and management capacity in the public installations managerial area related to the tourism industry, such as convention centers, stadiums, arenas and others.
(n) To adopt, promulgate and put into effect such rules and regulations that are not in conflict with any other applicable laws, governing the use and operations of the Center, the District and the Puerto Rico José Miguel Agrelot Coliseum, their installations, buildings, equipment, the private parcels and improvements thereon, as well as the conduct of its employees and the public, in order to promote the public safety in and around the Center, the District and the Puerto Rico José Miguel Agrelot Coliseum, to maintain order, and improve the international image, reputation and projection of the tourist facilities in Puerto Rico.
(o) Acquire, on behalf of the Authority, through purchase or otherwise, under the terms and in the form that the Authority deems appropriate, or through the exercise of the power of eminent domain, such land or rights on lands, public or private, rights of way, and other interests as deemed necessary or appropriate to carry out its purposes.
(p) Receive and accept concessions from any government agency for or in furtherance of the purposes of the Center or the District, receive and accept assistance or contributions from any source of money, properties, labor or other valuable considerations that are withheld, used and applied solely for the purposes for which said concessions and contributions are made.
(q) Fix, charge, collect, alter and receive payments of rents, fees, prices and other charges that every tenant, lessee, concessionaire, user, exhibitor, franchisee or vendor shall pay to the Authority for the use of the Center or of any private parcel, improvement project, or any other part of the District, for the sale of goods and services within the Center, and/or for the goods and services to be provided by the Authority with regard to such uses.
(r) Market and carry out other activities to promote the District, the Center, any improvement project, any private parcel, any project in any private parcel, and for any event or activity related to the Center, including, but not limited to, trade fairs, conventions, meetings, congresses, other tourist events and activities, and to contract with the Bureau or any other entity, with the purpose of promoting and marketing the Center, the District, any improvement project, any private parcel or project therein, trade fairs, conventions, meetings, other events, and tourism in the Commonwealth of Puerto Rico, and coordinate said marketing and promotional activities with the Puerto Rico Tourism Company, or any subsidiary of the Company thus designated, the Department of Economic Development and Commerce of Puerto Rico, the Bureau, or any person, agency of the Government of the Commonwealth of Puerto Rico, or entity under contract with the Authority for said purposes.
(s) Develop a comprehensive master plan and design criteria for the Center and the District and improvements to the Center and the District, and create, constitute, register and impose such conditions, restrictions, easements, and regulations for the development, use, maintenance and operation of the District and the Center, as necessary and convenient to ensure that the development, maintenance and operation is and continues to be in accord with the master plan; develop, use, administer, maintain, and operate the Center.
(t) Enter into contracts and agreements, including, but without being limited to sales contracts, leases, joint ventures and partnerships, as deemed necessary to induce third parties to develop, improve, operate and administer the private parcels within the District, according to any master plan, design criteria and the conditions and restrictions adopted and imposed by the Authority.
(u) Impose and collect charges for benefits, and impose and execute the tacit legal lien against the private parcels, which ensures the payment thereof for the purpose of financing in whole or in part, the costs of planning, developing, design, construction, expansion, acquisition, operation, marketing, repairs and maintenance of the Center or any part thereof, and to provide services to the Center or any part thereof, to the improvement projects, and projects in the private parcels as applicable, or to guarantee or assure the reimbursement and payment of the loans issued for such purposes.
(v) Promote special events and activities within the District.
(w) Require, when deemed necessary by the Authority, that arrangements or contracts be made regarding the projects in private parcels with any municipality, local agency or other instrumentality of the Government of the Commonwealth of Puerto Rico for the planning, construction, opening, leveling and closing of streets, roads, alleys, or other places, or to provide public utility services or goods, or services related to any project within a private parcel.
(x) Facilitate, provide or contract for private security services to be furnished, and coordinate and contract with the Police Superintendent for the creation of a special division of the Puerto Rico Police, to be in charge of rendering security services in the Center and the District.
(y) Facilitate, provide or contract for transportation services within, to or from the District and the Center, as the Authority deems necessary or appropriate.
(z) Accept the assignment and assume all the obligations and contractual rights, as well as incurred debts, instruments in evidence of said debts and collateral instruments executed in relation to said debts, by the Puerto Rico Tourism Company related to the Center and the District prior to the appointment of the Board, and reimburse the Puerto Rico Tourism Company for any amount spent in relation to the Center and the District before the Authority commences its operations.
(aa) Prepare and file any applications required by the Department of the Treasury and other departments and agencies of the United States Government, for the establishing, operation and maintenance within the Center and the District, of a free port, foreign trade zones or sub-zones, or areas to receive foreign trade goods; expedite and promote foreign trade, and the management, processing and delivery of duty-free foreign trade goods; reach any agreement required by said departments or agencies in connection with said purpose, and execute everything that is necessary and appropriate to achieve the establishing, operation and maintenance of said area, port or zone.
(bb) Execute or enter into contracts with third parties for the performance and execution of any of its powers, rights and responsibilities.
(cc) Have full control and intervention over all of its properties and activities, including the power to determine the use and investment of its funds, including the occupancy tax revenues assigned pursuant to the provisions of § 9084 of Title 13, as amended, and the nature and necessity of all the expenditures and how they shall be incurred, authorized and paid, without taking into consideration any provision of law that regulates the disbursement of public funds. Said determination shall be final and binding.
(dd) Lend money from the proceeds of the sale of bonds or otherwise, with the purpose of financing the costs of the Center, the improvement projects and projects on private parcels, or in the District, and to further any of the purposes of the Authority; and to make and execute those financing and security contracts and documents needed to evidence such indebtedness, and to establish the terms and secure the payment thereof to the Authority and under such terms and conditions that the Authority may require in its sole discretion.
(ee) Sell or dispense, or allow others to sell or dispense alcoholic beverages to be consumed in the Center and the District, after obtaining the appropriate licenses.
(ff) Do whatever is necessary or convenient for the promotion of its purposes and the general welfare of the Center and the District, and to carry out the powers granted to the Authority by this chapter or any other law.
The Board is hereby entrusted to adopt a preferential public policy toward Puerto Rican producers and promoters duly registered pursuant to the applicable laws of the Government of Puerto Rico, with respect to engagements for the use of the Coliseum. Furthermore, the Board of Directors is entrusted to develop a definite preferential public policy for Puerto Rico professional sports team franchises (especially basketball and volleyball), to hold their respective Final Series and Championship games in the Puerto Rico José Miguel Agrelot Coliseum.
History —Sept. 2, 2000, No. 351, § 2.02; Oct. 4, 2001, No. 142, § 8; Aug. 3, 2004, No. 185, § 5.