2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 9 - Aqueduct and Sewer Authority (§§ 141 — 169) › § 145 - Transfer of properties

There are hereby transferred, conveyed, and delivered unto the Authority:
(a) All of the property, real, personal, and mixed, tangible and intangible, of whatsoever nature and wheresoever located, owned, operated or controlled by the Insular Sewerage Service, created by Act No. 16, approved November 21, 1941 and the Puerto Rico Aqueduct Service, a subsidiary corporation of the Puerto Rico Electric Power Authority, organized under the Corporation Law of Puerto Rico pursuant to Act No. 39 approved November 21, 1941, as amended by Act No. 29 approved April 13, 1942, together with:
(b) All of such property, owned, operated or controlled by the Commonwealth of Puerto Rico or any of its political subdivisions, agencies, municipalities, or instrumentalities, which is used or useful primarily for the disposal of sewage or for the supplying of water for domestic, industrial or commercial use. There shall be used for the purposes of these transfers and there shall be transferred all the maps, plans, projects, designs, data related to the construction, maintenance, improvement, or extension of the aqueduct or sewer systems, and all the accounting books, records, files and equipment used in the operation, maintenance and administration of such aqueduct and sewer systems. The properties hereby transferred shall include (but without limitation) all water franchises granted to the Puerto Rico Aqueduct Service, or which are owned by the Commonwealth of Puerto Rico or its political subdivisions, agencies, municipalities or instrumentalities which are used, useful or appropriate or necessary to be used in connection with the powers and purposes of the Authority. Said transfers shall be effective, with regard to the various parts or items of the property hereby transferred, on such dates as may be fixed from time to time by the Governor or the officer or agency designated by him after consultation with the Executive Director and upon notification to the official or officials, or organizations having custody of said property, and after due consideration of the public interest. The descriptions of the properties contained in the resolutions of the Governor or the officer or agency designated by him fixing the effective date of the transfers herein provided shall be conclusive for the purposes of identification of the property so transferred. Upon the adoption of any such resolution the officials in charge of the property therein described shall deliver said property to the Authority.
Upon the effective date of the transfer provided for herein, the Authority shall assume all of the contracts and obligations of the Puerto Rico Aqueduct Service organized under the Corporation Law of Puerto Rico, and said contracts and obligations shall inure to the benefit and profit of the Authority. Upon the effective date of the transfer to the Authority of any municipal properties, the Authority shall assume all obligations which constitute a lien upon said properties or the revenues therefrom and the Authority may assume such other current debts as may in the opinion of the Governor or the officer or agency designated by him, be just and proper for such unpaid salaries and other expenses as would ordinarily be paid out of the revenues of said property.
If the mayor of any municipality affected by the transfer shall deem the interests of the municipality represented by him to be aggrieved by the resolution providing the date of said transfer, he may ask to be heard at a public hearing thereon by filing a petition therefor within ten (10) days after service on him of notice of said resolution. In said public hearing, the mayor of the municipality affected shall have an opportunity to show that it is more desirable in the public interest for the sewerage or aqueduct properties of said municipality to continue under the administration of said municipality, and upon finding to that effect by the Governor or the officer or agency designated by him, the resolution providing the date of said transfer shall be vacated and set aside. Upon said public hearing and within ten (10) days after the decision of the Governor or the office or agency designated by him adverse to any of the parties, the mayor or the Authority may obtain a review of the same by the Court of First Instance, San Juan Part, which shall have power and authority to make a decree affirming, or reversing the decision of the Governor or the officer or agency designated by him. When the review of a decision adverse to the municipality is petitioned, the original resolution of the Governor or the officer or agency designated by him shall be stayed during the pendency of the review.
History —May 1, 1945, No. 40, p. 138, § 6, renumbered as § 5 and amended on May 3, 1949, No. 163, p. 430, § 1.