reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 215 - Municipal Finances (§§ 4351 — 4367) › § 4354 - Disbursement of funds

The obligation and disbursement of municipal public funds shall only be done to commit or pay for services, supplies of materials and equipment, claims or any other items authorized by laws, ordinance or resolution approved to such effects and by the regulations adopted by virtue thereof.
(a) Credits authorized for the attention of a specific fiscal year shall be applied exclusively to the payment of expenses legitimately obligated and incurred during the respective year, or to the payment of obligations legally contracted and duly entered in the municipality’s books during said year.
(b) No amounts whatsoever may be spent or obligated in a fiscal year that exceed the appropriations and funds authorized by ordinances or resolutions for said year. Nor shall the municipality be committed in any way through any contract or negotiation for the future payment of amounts that exceed the appropriations and the funds. Leasing agreements for chattels and real property and services shall be excluded from the provisions of this subsection.
(c) Grants, gifts, legacies and other similar donations received by the municipality destined to specific municipal works and services shall only be used to attend to the purposes for which they are granted or given, unless they are surpluses which were not provided for when the grant was made.
(d) All disbursements made by the municipality shall be made directly to the persons or entities that rendered the services or furnished the supplies or materials, except in those cases that there is a contract for the assignment of the credit and the regulatory requirements of the Commissioner have been met.
(e) It is hereby prohibited for the municipalities to use the contributions or quotas withheld from to municipal employees for purposes other than those for which they have been authorized by said employees or by law. The those withholding and use of the contributions and quotas of municipal employees shall not exceed the term established by the laws that authorize such withholdings, with which the municipality shall promptly comply, in such a manner that the remittance of these funds to the different entities shall be carried out diligently.
(f) The use of credit cards as disbursement mechanisms to defray official expenses is hereby limited and restricted exclusively to the mayors and presidents of the municipal legislatures.
No disbursement whatsoever shall be authorized with regard to contracts without the evidence that the contract was sent to the Office of the Comptroller of Puerto Rico as provided in 97 et seq. of Title 2 and its regulations.
History —Aug. 30, 1991, No. 81, § 8.004; Oct. 29, 1992, No. 84, § 36; May 21, 2002, No. 66, § 1; Aug. 26, 2005, No. 103, § 2, eff. 30 days after Aug. 26, 2005.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 215 - Municipal Finances (§§ 4351 — 4367) › § 4355 - Legality and accuracy of expenditures; accountability

The mayor, the officials and employees on whom the former delegates, and any authorized representative of the mayor or the municipality shall be accountable for the legality, accuracy, propriety, need and correctness of the documents and all expenditures authorized for the payment of any item. They shall, likewise, be subject to the provisions of Act No. 115 of July 22, 1974, known as the “Puerto Rico Penal Code”, in all matters related to the performance of their public, administrative and fiscal functions. They shall, likewise, produce and submit all the reports required by applicable laws, ordinances, resolutions, regulations, procedures and norms within the term established thereby.
History —Aug. 30, 1991, No. 81, § 8.005; Aug. 21, 1999, No. 279, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 215 - Municipal Finances (§§ 4351 — 4367) › § 4356 - Expenditures or obligations in excess of credits; authorization

Notwithstanding the provisions of § 4359 of this title, which establishes special provisions for general election years, in cases of emergency, the mayor may authorize the official in charge of finances to incur expenditures or obligations in excess of the appropriated credits up to an amount equal to ten percent (10%) of the total sum of the operating expenses budget of the municipality for the fiscal year in which said authorization is issued. This authorization shall be in writing, and shall indicate the facts of the emergency. The mayor shall inform the Municipal Legislature and the Commissioner of said determination not later than twenty-four (24) hours following the date said authorization was issued. The cases of emergency to which this section refers are those established in § 4001(ff) of this title.
Twenty-five percent (25%) of the debt equal to said ten percent (10%) shall be included preferentially in the general revenues and expenses budget resolution of the municipality for the four (4) fiscal years following the year in which the debt is incurred. It shall be the discretion of each municipality to adopt this debt amortization mechanism.
History —Aug. 30, 1991, No. 81, § 8.006; July 24, 1998, No. 169, § 6; Sept. 7, 2004, No. 258, § 21; July 29, 2008, No. 131, § 1; Dec. 29, 2009, No. 217, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 215 - Municipal Finances (§§ 4351 — 4367) › § 4357 - Obligations in the books

(a) Matters with a specific year.— The portion of the appropriations and funds authorized for the matters of a fiscal year that have been obligated on or before June 30 of the fiscal year to which said appropriations and funds correspond, shall remain on the books for one (1) additional year after the fiscal year for which they have been authorized has elapsed. After said year, no amounts shall be drawn against said portion for any reason whatsoever, except in the case of a declared emergency for which the amortization shall be extended to four (4) years.
Immediately after said year has concluded, the allocated balances shall be closed, taking into consideration any legal and regulatory provision to such respect. Every authorized obligation, whose payment is affected by the closure of the allocated balances, shall be included in the budget of the fiscal year in effect, as provided for in this chapter.
(b) Matters without a specific year.— Those appropriations and funds authorized for obligations that do not have a specific fiscal year, shall be applied exclusively to the payment of expenses for goods, supplies and services needed to comply with the purpose for which it was established, provided they are obligations legitimately contracted and duly recorded in the municipal books. No amount may be spent or obligated which is not needed for said purpose or that exceeds the amount authorized, including the amounts transferred to be credited to said appropriations or funds. Nor may the municipality be committed in any contract or negotiation for the future payment of amounts that exceed said appropriations or funds, unless they are expressly authorized by law.
The appropriations and funds authorized for those obligations without a specific year, shall continue on the municipal books until the purposes for which they were created have been fully met, after which the unencumbered surpluses of said obligations and funds shall be closed, taking any applicable legal or regulatory provisions into account. The allocated balances of said appropriations and funds shall continue on the books for one year after the close of the unencumbered balances, at the end of which they shall be cancelled, taking into consideration the legal and regulatory provisions in effect.
History —Aug. 30, 1991, No. 81, § 8.007; July 29, 2008, No. 131, § 1; Dec. 29, 2009, No. 217, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 215 - Municipal Finances (§§ 4351 — 4367) › § 4358 - Prohibition of payments to debtors

No payments shall be made to any natural or juridical person who has any unpaid debts for any reason with the municipality, or debts with the Central Government which the municipality has knowledge of. The amounts of said payments withheld by the municipality shall be applied to the debt of the natural or juridical person from whom it is withheld.
When the debt is with the municipality, the mayor may authorize and grant a partial payment plan to the person, which will expedite the payment of the debt, if the debtor’s situation warrants it.
Interest shall be charged on the accrued debt on the basis of the prevailing rate of interest in the market for consumer loans, at the time the payment plan is agreed upon.
With the purpose of ensuring the collection of the municipal debts referred to in this section and § 283h(j) of Title 3, part of the “Government of Puerto Rico Accounting Act”, the municipality shall draw up a list, as of June 30 of each year, of all natural or juridical persons, with their respective personal or employer social security numbers, who have overdue debts for any reason with the municipality for two (2) or more years. It shall submit said list to the Commissioner no later than July 15 of the following fiscal year. The Commissioner shall remit report summarizing the lists remitted by the municipalities to the Secretary of the Treasury and the Executive Director of the Center not later than August 30. The Secretary of the Treasury shall circulate the list to all the agencies, instrumentalities and corporate entities, and the Commissioner, to the other municipalities.
History —Aug. 30, 1991, No. 81, § 8.008; Apr. 13, 1995, No. 36, § 29.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 215 - Municipal Finances (§§ 4351 — 4367) › § 4362 - Obligation of the municipalities

Every municipality and its officials shall be bound to furnish such documents or reports to the Commissioner that are required as part of an investigation, pre-audit or examination of the procedures duly regulated and provided by law, that are necessary for the Commissioner to comply with the regulatory and advisory duties imposed by the law, and to furnish any information that is requested by the Governor of Puerto Rico, the Legislature [of Puerto Rico] or any public agency. Likewise, the municipalities and their officials shall be bound to render the reports directly to the Governor and the Legislature as requested by them.
History —Aug. 30, 1991, No. 81, § 8.012; July 24, 1998, No. 169, § 7.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 215 - Municipal Finances (§§ 4351 — 4367) › § 4363 - Custody and control of municipal property

The mayor and the Municipal Legislature or their respective authorized representatives, shall be responsible for the custody, care, control and accounting of municipal property acquired and assigned for use by the Executive and Legislative Branches. This responsibility shall be performed pursuant to the norms and regulations promulgated to such effects by the Commissioner.
Every municipal official or employee who uses or assumes the custody, care, or physical control of any municipal property shall answer to the municipality for its worth, in case of loss, undue deterioration or harm thereto caused by negligence or carelessness, pursuant to the norms established by the Commissioner.
The mayor or his authorized representative shall render such reports on the municipal property required by the Commissioner to carry out the functions which have been conferred on him/her by law. The President of the Legislature shall have the same responsibility with regard to the property in use by the Municipal Legislative Branch.
History —Aug. 30, 1991, No. 81, § 8.013.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 215 - Municipal Finances (§§ 4351 — 4367) › § 4364 - Transfer of public funds, property, books and documents

When there is a change of administration or a municipal official ceases in office for any reason, the municipal properties, books, and documents which are in the custody of the outgoing official shall be transferred to the incoming official by inventory, and a document shall be issued that will state all the details of said transfer. The original of said document shall be filed in the Mayor’s office for examination by the internal Auditor, Auditors of the Puerto Rico Comptroller’s Office when they perform audits in the municipality, and the Commissioner. If it is an official or employee of the Municipal Legislative Branch, said inventory document shall be filed at the Secretariat of the Legislature.
Transfers of public funds shall be made through a cash cut-off, which shall be carried out jointly by the outgoing Director of the Administrative Finance Unit and the incoming Director. The document by which this transfer is made shall be countersigned by the above mentioned officials. The mayor shall file the original of said document in his/her office for inspection by the auditors of the Puerto Rico Comptroller’s Office when they perform their audits, and shall immediately send a copy thereof to the Commissioner.
History —Aug. 30, 1991, No. 81, § 8.014.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 215 - Municipal Finances (§§ 4351 — 4367) › § 4365 - Conservation of documents

The municipalities shall be governed by the regulatory provisions approved by the Secretary of the Treasury with regard to the conservation of documents of a fiscal nature, or which are needed for inspection and checking of governmental accounts and fiscal operations, pursuant to §§ 1001 et seq. of Title 3, which establishes the Public Document Conservation and Disposal Program.
History —Aug. 30, 1991, No. 81, § 8.015; Oct. 29, 1992, No. 84, § 38.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 215 - Municipal Finances (§§ 4351 — 4367) › § 4367 - On public documents

Any person may request permission to inspect, copy, photocopy, or obtain certified copies of any municipal public document, unless specifically provided otherwise by any act to such effects. For the purposes of this section, “public document” shall mean any writ, paper, book, booklet, photograph, photocopy, film, microchip, magnetic tape, map, drawing, plan, tape, compact disc, or any other material that is read by machine, or informative in nature, regardless of its form or physical characteristics, and which is originated, received or kept in any administrative unit, dependency or office of the municipality pursuant to law; and any writ that is originated in another agency of the Commonwealth Government or the federal government, or originated by any private, natural, or juridical person in the regular course of their transactions with the municipality, and is permanently or temporarily kept in any administrative unit, office or dependency of the municipality for its administrative use or legal, fiscal, historical or cultural value.
Every municipal official under whose custody there is any municipal public document, has the obligation to issue, as required, a certified copy thereof after payment of the corresponding legal fees. The fees to be charged for the issuing and certification of municipal public documents shall be established by ordinance. and shall be reasonably sufficient to reimburse the municipality for the cost of searching and reproducing them.
No fee whatsoever shall be charged for the search and reproduction of any municipal public documents That are requested for official business by any Legislative Chamber, or their Committees, a Court of Justice, the Office of the Controller of Puerto Rico, the Center of any court, agency or official of the Central Government or the federal government.
History —Aug. 30, 1991, No. 81, § 8.017.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 219 - Acquisition and Disposition of Real Estate and Chattels (§§ 4451 — 4465) › § 4451 - Municipal assets—Concept and classification

The municipality’s assets shall be constituted by the bulk of the assets, rights and shares it owns. The municipality’s patrimony shall be made up of public property and capital assets.
The municipality’s public assets shall be those destined to a public use or service such as the town squares, streets, avenues, lanes and general service public works defrayed by the municipality with public funds. These public assets are inalienable, and not attachable, and are not subject to taxation.
The municipality’s capital assets shall not be subject to taxation, shall be governed by the corresponding provisions of Title 31. Their sale, exchange, lease and encumbrance shall only be executed with the prior approval of the Legislature by an ordinance or resolution to such effects, except in cases otherwise provided for in this subtitle.
The changing or altering of the juridical classification of municipal assets may be carried out as prescribed by law, and in every case, with the prior justification of the public need or convenience for such changing or altering, except for natural resources, archaeological and historical patrimony and those of architectural interest, whose classification may be altered on a case-by-case basis through legislation to such effects.
History —Aug. 30, 1991, No. 81, § 10.001, renumbered as § 9.001 on Jan. 10, 1999, No. 30.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 219 - Acquisition and Disposition of Real Estate and Chattels (§§ 4451 — 4465) › § 4452 - Municipal assetes—Acquisition and administration

Municipalities may acquire by any legal means, including expropriation, the assets, rights or actions on them that are necessary, useful or convenient for their operation, functioning or the adequate exercise of the functions of their competence and jurisdiction, according to the provisions of this subtitle.
Every municipality shall prepare and keep an updated registry of the real estate it owns and the real rights thereof.
History —Aug. 30, 1991, No. 81, § 10.002; Oct. 29, 1992, No. 84, § 40; renumbered as § 9.002 on Jan. 10, 1999, No. 30, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 219 - Acquisition and Disposition of Real Estate and Chattels (§§ 4451 — 4465) › § 4453 - Municipal assets—Acquisition of property through eminent domain

(a) The municipalities may request that the Governor of Puerto Rico file expropriation proceedings, subject to the general laws that rule said matter. To request that the Governor initiate any expropriation proceeding at least two (2) appraisals made by two (2) real estate appraisers duly licensed to practice in Puerto Rico, or the appraisal of the Department of the Treasury or the Center, must be included.
(b) The municipality may file an eminent domain procedure by itself provided the property does not belong to the Central Government or any of its instrumentalities or public corporations, except through authorization by joint resolution from the Legislature. Provided, That if the property was owned by the Central Government for ten years prior to the date of the request of eminent domain, the action of eminent domain of the municipality shall not contravene the public purpose, if any, for which the Central Government reserved the property in the transfer of ownership. In said case, the request shall be accompanied by at least two (2) appraisals conducted by two real estate appraisers duly licensed to practice in Puerto Rico, or in lieu thereof, a single appraisal by a duly licensed real estate appraiser, ratified by the Department of the Treasury or the Municipal Revenue Collection Center and a registry certification.
(c) In all expropriation proceedings filed by the Governor of Puerto Rico on behalf of a municipality under the applicable legal provisions and for the ends and purposes thereof, the title of the properties or rights object of such proceedings shall be vested in the corresponding municipality, provided it first repays any sum of money paid by the Commonwealth of Puerto Rico by virtue of said expropriation proceeding.
(d) When the municipality exercises its power to expropriate property on its own, within its respective territorial boundaries, its good faith and credit are committed to pay any sum of money determined by virtue of the expropriation proceeding. The good faith and credit of the Commonwealth of Puerto Rico shall be committed solely when the expropriation is initiated through the Government of Puerto Rico.
History —Aug. 30, 1991, No. 81, § 10.003; Oct. 29, 1992, No. 84, § 41; July 11, 1998, No. 121, § 2; renumbered as § 9.003 on Jan. 10, 1999, No. 30, § 3; Aug. 26, 2004, No. 232, § 3; Sept. 7, 2004, No. 258, § 23.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 219 - Acquisition and Disposition of Real Estate and Chattels (§§ 4451 — 4465) › § 4453a - Municipal assets—Authorization to municipalities to acquire real property without meeting the transaction consultation requirement

Municipalities are hereby authorized to acquire real property through the exercise of eminent domain or by any other means authorized by law, without having to comply with the requirement of previously consulting the Planning Board about the transaction, provided that such real property is located within the municipal jurisdiction and the area included in the Municipality’s Land Use Plan, as previously approved by the Planning Board.
History —Aug. 30, 1991, No. 81, added as § 9.003A on Nov. 22, 2009, No. 157, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 219 - Acquisition and Disposition of Real Estate and Chattels (§§ 4451 — 4465) › § 4454 - Municipal assets—Acquisition of central government property

(a) The title deed, usufruct or use of any land or facility of the Central Government, its instrumentalities and public corporations, which in the judgment of the mayor may be necessary to fulfill any municipal public need, may be transferred gratuitously by donation, or by voluntary sale for valuable consideration, to a municipality. Said transfer shall be subject to having the laws which govern the public agency holding the title to or custody of the property, authorize or permit said transfer and to the approval of the Governor of Puerto Rico. The head of the public agency holding the title to or custody of the property shall represent the Government of the Commonwealth of Puerto Rico in awarding the title deed or corresponding document.
(b) The Legislature [of Puerto Rico] may transfer to a municipality the title deed, usufruct or use of any land or facility of the Central Government, subject or not to conditions, through a Joint Resolution.
History —Aug. 30, 1991, No. 81, § 10.004; July 11, 1998, No. 121, § 3; renumbered as § 9.004 on Jan. 10, 1999, No. 30, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 219 - Acquisition and Disposition of Real Estate and Chattels (§§ 4451 — 4465) › § 4455 - Municipal assets—Alienation of property

Every exchange, lien, lease, sale, gift, or assignment of municipal property shall be approved by the Municipal Legislature through an ordinance or resolution to such effect.
Any gift or assignment of municipal property shall be authorized; provided, that it is conducted between municipal, state, and/or federal governments, as well as between municipal corporations, municipal development companies, and municipal consortiums, except for those gifts allowed under §§ 4455(b), 4464 and 4464(a) of this title in favor of foreign countries, nonprofit corporations, and indigent persons.
The sale and lease of any municipal property shall be done through a public bidding process.
The following shall be exempted from the public bidding process:
(a) The sale, assignment, gift, or lease in favor of another municipality, or the central government or the Federal government, as well as between municipal corporations, municipal development companies, and municipal consortiums.
(b) The sale of lots in usufruct according to this subtitle.
(c) The sale of any chattels unit which has a value of one thousand dollars ($1,000) or less, subject to the approval of the absolute majority of the Legislative members.
(d) The assignment by sale, of land divided by the construction line of a municipal street or road, as provided in this subtitle.
(e) The assignment of buildings it owns to nonprofit entities for permanent use to establish libraries.
(f) The sale of existing paths or pedestrian walkways in urbanizations to the adjoining owner, subject to compliance with the procedure provided in this subtitle.
(g) The sale and lease of niches or parcels used for the burial of the deceased.
(h) The sale of surplus agricultural property authorized by Act June 20, 1978, No. 61.
(i) The sale of land plots and/or buildings to their lessees, as well as any land plot and/or building abutting on the latter, or any interest thereon; to enter or execute contracts, agreements, and other instruments to fulfill the purposes of this subtitle or any other legal provision.
History —Aug. 30, 1991, No. 81, § 10.005, renumbered as § 9.005 on Jan. 10, 1999, No. 30, § 3; Aug. 13, 2010, No. 129, § 1; Mar. 4, 2016, No. 15, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 219 - Acquisition and Disposition of Real Estate and Chattels (§§ 4451 — 4465) › § 4455b - Municipal assets—Donation to foreign countries

Any municipal private property that has been declared as surplus by the municipality, be it of agricultural use, or used in the practice of handicrafts, or that may benefit the fishing industry or the work of artisans through sale, and that has not been acquired by those persons who have preferential rights to purchase the same pursuant to § 4455a of this title, and any other municipal private property declared as surplus by the municipality and used for the transportation and construction of municipal public works or used in maintenance operations, that has not been acquired by those natural persons who have preferential rights to acquire the same, may be donated by the municipalities to those democratic countries that prove to have urgent and specific health, education and housing needs and that require aid in emergencies or in cases of natural disasters. Any donation of municipal property declared as surplus to be assigned to other countries shall have to be submitted by the mayor for the consideration and approval of the Municipal Legislature and approved by the latter through an ordinance or resolution to that effect. Said ordinance or resolution shall set forth the motive or reason of public interest that justifies said donation as well as any condition the Municipal Legislature may deem pertinent for granting said donation or assignment of good.
The ordinance approving the donation shall set forth the value of the goods given as donation and a description of the same, and include the authorization for the transfer of the corresponding titles and licenses if necessary.
A statement shall also be included indicating that said donation neither affects nor has any impact whatsoever on the municipality making the donation.
The municipality shall adopt regulations to establish the standards, procedures and requirements needed to implement this section. Said regulations must be approved by the Municipal Legislature through an ordinance or resolution. For the purpose of applying this section, the Commissioner of Municipal Affairs shall be responsible for advising the municipality in the preparation of the regulations. Any public property declared as surplus subject to the procedures established in this chapter that is intended for donation shall have to be previously approved by the Government of the United States through its embassy or consul in the foreign country.
History —Aug. 30, 1991, No. 81, added as § 9.005-B on Sept. 2, 2000, No. 317, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 219 - Acquisition and Disposition of Real Estate and Chattels (§§ 4451 — 4465) › § 4457 - Municipal assets—Revocation of the concession of usufruct

When the mayor considers that there is just cause for the revocation of a concession of usufruct, the usufructuary shall be notified of the intent to revoke such concession in writing, with acknowledgment of receipt thereof, to his/her last known address, if his/her. name and last address is known. In the event that the lot is abandoned and the name and address of the usufructuary is unknown, the municipality may then opt to publish a notice, once, in a general circulation newspaper in Puerto Rico to inform the usufructuary and/or any interested party of the intent to revoke the usufruct.
In both cases, the municipality shall inform the usufructuaries of their right to an administrative hearing where they may state their rights and the reasons why the usufruct should not be revoked. Said hearing shall be held on the date indicated in the letter and/or notice, that is, thirty (30), days from the date on which the acknowledgment of receipt of the letter was postmarked, or thirty (30) days from the date of publication of the notice.
This hearing shall be presided over by the municipal official or employee on whom the mayor delegates, and the usufructuary may appear, “pro se” or with the assistance of counsel, and present evidence in his/her behalf. The report of the hearing, with its conclusions and recommendations, shall be forwarded, not later than fifteen (15) days following the date of the hearing, to the mayor, who shall issue his/her decision not later than thirty (30) days after the date on which he/she receives the same.
Any person who is adversely affected by the revocation of the usufruct of a municipal lot may present a request for review before the Court of Appeals with jurisdiction over the judicial district in which the municipality is, located, within twenty (20) days after the date on which a copy of the notice of the mayor’s decision and/r of the publication of the notice of the revocation is filed in the case record.
History —Aug. 30, 1991, No. 81, § 10.007, renumbered as § 9.007 on Jan. 10, 1999, No. 30, § 3; Nov. 22, 2009, No. 153, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 219 - Acquisition and Disposition of Real Estate and Chattels (§§ 4451 — 4465) › § 4458 - Municipal assets—Assignment of municipal property to the central government

The municipality may assign the property title, usufruct, or use of any asset it owns, free of charge, to the Government of the Commonwealth of Puerto Rico or to the federal government, provided it is for public use. In those cases in which the usufruct or use of the property is granted, a contract shall be executed which stipulates the use which the property is to be given, the term of the assignment, the responsibility of each party with regard to the maintenance, repair and conservation of the property assigned in use, and any other matters that are essential and convenient to the municipality’s interests.
History —Aug. 30, 1991, No. 81, § 10.008, renumbered as § 9.008 on Jan. 10, 1999, No. 30, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 219 - Acquisition and Disposition of Real Estate and Chattels (§§ 4451 — 4465) › § 4459 - Municipal assets—Sale of land divided by construction line

When a municipality has established the construction line of a street in the urban zone of the municipality, or of a road in the rural zone, and the property that is contiguous to the street or road is separated from said construction line by land belonging to the municipality, the municipality may sell the land it owns to the owners of the property immediately contiguous to it by ordinance, without requiring public bidding. In every alienation of land held according to this section, the price shall be the corresponding prevailing market value per square meter at the time of the sale.
History —Aug. 30, 1991, No. 81, § 10.009, renumbered as § 9.009 on Jan. 10, 1999, No. 30, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 219 - Acquisition and Disposition of Real Estate and Chattels (§§ 4451 — 4465) › § 4460 - Municipal assets—Sale of paths or pedestrian walkways

The municipalities may sell the existing paths or pedestrian walkways in the urbanizations without the requirement of a public bidding procedure, to the owners of the property immediately adjoining said paths or walkways.
The legislature shall determine the selling price in each case, according to the appraisal that is most beneficial to the municipality. To such ends, it shall establish a summary appraisal procedure which shall require at least two (2) appraisals performed by two (2) real estate appraisers duly-licensed to practice as such in Puerto Rico. The buyer shall not need to obtain an appraisal of the property and may accept the appraisal of the municipality, if he/she so desires. This requirement shall be applicable in those cases in which the size of the lot to be sold is larger than one hundred (100) square meters. For lots whose size is less than one hundred (100) square meters, the legislature may sell them for the price of one dollar ($1) insofar as the remaining provisions of this section are complied with.
The appraisal determined by the municipality for such purposes shall be effective for two (2) years, unless special circumstances make it obsolete.
The Permit Management Office shall authorize the closing of each path or pedestrian walkway by a resolution to such effects, which shall be issued no later than twenty (20) working days after the date of the municipality’s petition for its closing. If said authorization is not issued within said term, the municipality is authorized to continue the procedure for the closing and sale of said paths or walkways.
In those cases in which the path or pedestrian walkway is subject to an underground or aerial easement, whether by the Electric Power Authority, the Aqueduct and Sewers Authority, the Puerto Rico Telephone Company, or any other public agency, the purchase of the land by the adjacent owner shall depend on the authorization granted by said agency to him/her, according to the safety standards and the protection of the rights of said public agencies. This right shall be stated in any purchase and sale deed signed by the municipality.
With the purpose of having said deed registered in the corresponding section of the Property Registry, the municipalities of Puerto Rico are hereby authorized to segregate the parcel of land destined to a public path or pedestrian walkway from the main farm in which the urbanization is located, as required by the Permit Management Office, and to transfer said parcel of land directly to the adjoining owners who are to acquire it. In those cases in which a lot is sold for the price of one dollar ($1), the acquiring parties shall defray all the costs of said sale.
History —Aug. 30, 1991, No. 81, § 10.010, renumbered as § 9.010 on Jan. 10, 1999, No. 30, § 3; June 17, 2000, No. 101, § 1; Nov. 22, 2009, No. 153, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 219 - Acquisition and Disposition of Real Estate and Chattels (§§ 4451 — 4465) › § 4461 - Municipal assets—Lease of public property without bidding

Notwithstanding the provisions of § 4501 of this title, when the public interest requires it, the municipality may regulate the leasing of its real estate and chattels by ordinance, based on a reasonable rate, without being subject to public bidding. Said ordinance shall specify the reasons why it is deemed that it is fair and necessary to dispense with the public bidding requirement. The reasonable leasing rate shall be determined by taking as a basis the cost, and the useful life of the property, and the leasing rates prevailing in the market.
The leasing of niches or parcels that are to be used for the burial of the deceased, shall be excluded from the bidding procedure. The municipality shall provide for everything related to this matter, by ordinance.
History —Aug. 30, 1991, No. 81, § 10.011, renumbered as § 9.011 on Jan. 10, 1999, No. 30, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 219 - Acquisition and Disposition of Real Estate and Chattels (§§ 4451 — 4465) › § 4463 - Municipal assets—Assignment of facilities, assets and funds for libraries

The municipality may assign the permanent total or partial use as needed, of any facility it owns, to any nonprofit entity which is not involved in partisan politics, for the establishing of public libraries. The municipality may likewise, and for the same purposes, request and accept gifts of money and equipment or join said associations in public campaigns to encourage the habit of reading and the general and assiduous use of municipal library facilities.
The municipality may also contribute financially to the establishing and operation of the libraries of said nonprofit entities, furnishing them with electric power and water services, supplies of books and subscriptions to magazines or any other similar publications.
The necessary requirements for the granting of a permanent use permit of the municipal facility in question by said associations, and the basic rules addressed to ensure the proper operation of the libraries once they have been established, shall be established by ordinance. Every assignment shall be automatically revoked when the legal existence of the nonprofit entity is ended or when the public end for which the assignment was granted is lost.
History —Aug. 30, 1991, No. 81, § 10.013, renumbered as § 9.013 on Jan. 10, 1999, No. 30, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 219 - Acquisition and Disposition of Real Estate and Chattels (§§ 4451 — 4465) › § 4464 - Municipal assets—Gifts of funds and properties to nonprofit entities

The municipality may assign or donate funds or assets it owns to any nonpartisan, nonprofit entity engaged in public interest efforts or activities that promote the general welfare of the community.
The assignment of assets or donation of funds may not take place without previous confirmation that such entity is, in fact, nonprofit and organized according to the laws of the Commonwealth of Puerto Rico, and that municipal functions, activities, and operations are not interrupted or adversely affected.
Any assignment of assets or donation of funds shall be approved by not less than two thirds (2 / 3) of the total number of members of the Legislature, through a resolution to such effects, unless such municipal funds or assets are to be used to carry out programs sponsored by any federal or local law. Said resolution shall state the grounds or reasons of public interest that justify their concession or granting, the amount of the donation or a description of the assets to be assigned, and the conditions to which the donation or assignment shall be subject to.
Likewise, municipalities may lend, free of charge, sports and recreational facilities and community centers they own to nonprofit organizations, insofar as such facilities are used to hold activities for which they were intended or in the interest of the community. However, the approval of the Municipal Legislature shall not be necessary for the aforesaid concession to be granted.
Municipalities shall adopt regulations to govern all that pertains to the donation or assignment of funds or assets, or to the lending of recreational or sports facilities and community centers, to nonprofit entities. Without it being understood as a limitation, said regulations shall provide for the documents or contracts for said donation or delegation to be granted, the reports that shall be required, the control and oversight that the municipality shall exert to ensure that the funds donated or the property assigned shall be used pursuant to the public interest for which they are granted, and any others that are deemed necessary or convenient, which also include the lending of recreational or sports facilities and community centers to such entities.
History —Aug. 30, 1991, No. 81, § 10.014, renumbered as § 9.014 on Jan. 10, 1999, No. 30, § 3; Dec. 30, 2010, No. 242, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 219 - Acquisition and Disposition of Real Estate and Chattels (§§ 4451 — 4465) › § 4465 - Municipal assets—Closing of streets and roads

After taking into consideration the recommendations of the Territorial Ordinance Office, the municipality may order and carry out the permanent closing of any street or road within its territorial boundaries, after a public hearing is held, which shall be notified by means of written notices fixed in prominent places in the City Hall, and the street or road to be closed. A copy of said notice shall also be sent to the Secretary of the Department of Transportation and Public Works and to each of the residents and those who abut the street or road in question. The notice of public hearing shall be made no later than ten (10) days prior to the date provided for it to be held, and shall include a brief description of the street or road to be closed, the date, time and place of the public hearing, as well as an exhortation for the interested citizens to participate in said hearing.
Said hearing shall be held before a committee of three (3) administrative officials of the municipality, designated by the mayor. The Committee shall render a report to the Legislature with its conclusions and recommendations, no later than thirty (30) days following the date the public hearing is concluded. The legislature shall determine in the regular session following the date on which the Committee presents its report, by resolution to such effects, whether the closing of the street or road in question shall be authorized.
The secretary of the legislature shall notify its decision with a copy of the resolution authorizing the closing or denying it, as the case may be, to the persons who attended the public hearings, and those that stated their position in writing, those who stated their interest in receiving such notice, and the neighbors directly affected thereby.
Any person who deems that he/she has been injured by a resolution of the legislature that authorizes the closing of a street or road, may impugn it before the Court of First Instance within the term of thirty (30) days counting from the date of its approval. The resolution thus impugned shall remain ineffective until the court renders its decision thereon.
The provisions of this section shall not apply to the granting of authorizations to control the access of vehicles and public use of the streets, as provided by §§ 64 et seq. of Title 23.
History —Aug. 30, 1991, No. 81, § 10.015, renumbered as § 10.016 on Dec. 26, 1997, No. 191, § 2; renumbered as § 9.016 on Jan. 10, 1999, No. 30, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-ONE - Municipalities (§§ 1-4 — 6756) › Subtitle 6 - Autonomous Municipalities (§§ 4001 — 4990-4990j) › Chapter 221 - Purchase of Equipment, Supplies and Services (§§ 4501 — 4508) › § 4501 - Public bidding—Purchase of goods and services

Except as otherwise provided in this subtitle, the municipality shall comply with the public bid procedure for:
(a) The purchase of materials, equipment, food, medicines, and other supplies of a like or similar in nature, use or characteristics, in excess of one hundred thousand dollars ($100,000).
(b) Any public construction work or improvement by contract exceeding two hundred thousand dollars ($200,000).
(c) Any sale of real or personal property, except as provided in § 4455 of this title.
Any public bid notice shall be made at least ten (10) days before it is to be held, by publication at least once, in one (1) newspaper of general circulation in the Commonwealth of Puerto Rico.
Change orders, the purchase of supplies, equipment, food, medicine, and other goods, and all public construction and improvement works described in this section, which, added up to the agreed price of the original purchase or work, exceed the sums established in subsections (a) and (b) of this section are hereby prohibited. Except when the total of the change order or the acquisition of supplies, equipment, food, medicine, and other goods does not exceed ten percent (10%) of such total.
The municipality shall establish regulations which shall include, among other matters, the conditions and requirements of the municipality for the acquisition of the necessary services, equipment, and/or supplies. It shall also establish a clause compelling the municipality to notify the persons who were not awarded the bid by certified mail with receipt of acknowledgement. The municipal legislature shall authorize the approval of regulations to such purposes.
It shall be the duty of each municipality of Puerto Rico to establish the corresponding mechanisms to set aside not less than fifteen percent (15%) for purchases excluded from public bidding to small and medium size businesses as well as to companies that manufacture their products in the Island provided they can provide them.
The municipality shall establish regulations which shall include, among other matters, the conditions and requirements of the municipalities for the acquisition of the necessary services, equipments, and/or supplies. It shall also establish a clause compelling the municipality to notify the persons who were not awarded the bid by certified mail with receipt of acknowledgement. The Municipal Legislature shall authorize the approval of regulations for such purposes.
History —Aug. 30, 1991, No. 81, § 11.001, renumbered as § 10.001 on Jan. 10, 1999, No. 30, § 3; Oct. 7, 2005, No. 127, § 1; Nov. 22, 2009, No. 148, § 1; Nov. 22, 2009, No. 158, § 1; Aug. 13, 2010, No. 129, § 2.