2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 67 - Puerto Rico Infrastructure Financing Authority Act (§§ 1901 — 1923) › § 1906b - Notice of public hearing; elections; requirements and vote

Should the Authority deem that the petition is meritorious, it shall call for a public hearing to be held in the area of the proposed district through an edict and shall request that the Municipal Revenues Collection Center, at least one hundred and twenty (120) days prior to the hearing, to serve notice of said hearing to all real property owners of the area by mail, to the address appearing in its records. Said edict shall be published at least two (2) times in a newspaper of general circulation at any time during the two (2) weeks prior to the date scheduled for the public hearing, but in any case before the third day prior to the date scheduled. The notices shall be mailed at least one hundred and twenty (120) days prior to the date scheduled for the hearing.
The edict and the mailed notices shall also inform the residents of the geographical area which comprises the proposed district, and that an election may be held regarding the establishment or non-establishment of the district, if a petition opposing the establishment of the district is signed by fifteen percent (15%) of the total of the real property owners and filed with the Authority within sixty (60) calendar days following the last publication of the edict.
If said petition is validly filed, the Authority shall call for a referendum among all owners of the real property included in the district so that they may decide whether the district should be established or not. The vote of the majority of the participants in favor of either one of the alternatives shall decide the election. In the event a majority vote of the participants for either of the alternatives is not reached, it shall be understood that the decision is in favor of creating the district. Every property shall entitle two (2) votes to be cast.
In case the owner is a married couple under the regime of community property, each spouse shall be entitled to cast one (1) vote, although one spouse may convey to the other spouse in writing the right to cast his/her vote.
When more than one person owns property included within the proposed district which is not community property, the owners of said property shall designate in writing which of them, up to a maximum of two (2), shall be the owners of the property for the purposes of the election mentioned in this section.
When the property belongs to a corporation, partnership or estate, the duly authorized representative thereof shall vote as its representative after providing evidence of his/her authority to represent it.
If after the referendum has been called among all owners of the real property included in the special improvements district, the majority vote of the participants goes against the creation of the special district, the benefited entity shall pay the Municipal Revenues Collection Center the expenses incurred for the process of giving notice of the public hearing for such purpose.
History —June 21, 1988, No. 44, added as § 9 on June 24, 1998, No. 92, § 6, eff. 90 days after June 24, 1998.