P.R. Laws tit. 21, § 4455b

2019-02-20 00:00:00+00
§ 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.