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MC rejects the breach of the procedure for the updating of the water tariff (29/12/2017)

It is not a decrease, but the update for the amortization of works that have been paid until December 26

In the morning of today, the councilors belonging to the MC Cartagena municipal group, Ricardo Segado, Francisco Calderón and María José Soler, members of the Local Government Board, have expressed their vote against the proposal presented under the heading "Tariffs for the next fiscal year of the administrative concession of the potable water supply and sanitation services of the municipality of Cartagena ".

The reasons given are the following:

The point has been introduced in the agenda of the call without the mayoral proposal, as it was verified by María José Soler when she went to request it from the Municipal Government Office after receiving the call and she was informed in that sense, offering only at 14.30 a copy of three reports of the so-called "technical committee", about whose functions and legality we already expressed our doubts in previous meetings, and that do not replace the mandatory proposal or the administrative file.

The call was made without the Mayor's proposal and without the reports of Legal Advice and Municipal Intervention, which must be evacuated after the study of the nonexistent proposal.

Neither does there seem to be a file of these procedures, without these members of the Board being informed of the number of the latter, nor the proposal of the concessionaire nor the process thereof.

The mayoral proposal that is shown to us this morning lacks a rubric or a public employee visa.

The apparent violation of the procedure and the arbitrariness that supposes not respecting the work of the municipal technicians, of those who come to include evacuated reports for other procedures, can not be accepted by us.

It raises doubts about the freedom of judgment with which the technicians who inform the proposal have been able to work and the haste that has been required for them.

We are not sure that the person in charge of the contract, who is not an official, and who has had his salary increased and recognized more training this month by Mayor's orders, can legally issue these reports and be responsible for the contract.

Two reports are submitted from other municipal employees, who do not appear to have been asked for their ratification or acceptance regarding their relationship and suitability to resolve the apparently new proposal of the concessionaire and a procedure that we do not know.

There is an agreement of the Governing Board of June 1, 2017, in which this Board agrees to "Initiate ex officio the procedure for reviewing the rate of drinking water, the rate for the authorization of connections and sewage services and sewage treatment and the rate of conservation of connections and meters, in the exercise of the power of tariff of the local corporations, and for the reasons that have been reflected in the body of this proposal ", and whose fulfillment seems to separate the agreement proposed to us, because we do not know its judicial or administrative revocation, and it is a pending matter, whose file has not been claimed to the service that processed and custody.

The substantive issues that support, without a doubt, a challenge can not be detailed because they lack the proposal of the concessionaire, of the Mayor's office until this morning and of a detailed study.

Although it is possible to point out at this moment, and without prejudice to the extension that will be made when the report is entrusted this morning to an external Lawyer, the apparent irregularities that discourage a favorable vote and would be vitiating this possible agreement nullity, When they are not worthy of the criminal reproach, they consist of:

According to the wording of the reports of the so-called "technical commission", to which we have had access, the concessionaire could have acknowledged in writing that since 1997 the contract has been breached, by recognizing the formal issues that were contained in the contract. Infrastructure Manager's report, such as the distribution of common expenses, for example.

Apparently, by introducing concepts as more beneficial for VAT, it could be incurring in tax illegalities.

Extraordinary expenses are included, but not income for services provided to subscribers, so income is hidden.

Concepts other than the contract, and the sheet are introduced.

Among them unilateral modifications of the concessionaire, such as unjustified increases in personnel costs.

It seems to accept the payment of works carried out without bidding.

They could be accepting extra costs, so a detailed and detailed study is needed.

Faced with this situation, and the concealment of the procedures, if any, we consider that it would be a unilateral and covert modification of the contract, as well as other irregularities that we will expand, because we did not have direct access to the proposal until the beginning of this Meeting. and not being able to study it more thoroughly.

Also on the morning of yesterday, those doubts and others were communicated to the Mayor's office through a report issued by the General Coordinator of the Sustainable Development Area on December 22, 2017, which we incorporated to this vote, and the result has It has been far from taking it into account and porfundizar in the legality or not of the situation of the concessionaire give impulse to a proposal of this, whose legality we doubt.

We want to point out that this agreement apparently violates the specifications, the contract and the law;

it is adopted without giving any of the reasons of general interest for the modification of rates;

transfers to the user all the risk and venture of the concession, which corresponds to the concessionaire;

and undermines the principles of publicity and competition in public procurement;

and we even value the study of whether one could be committing crimes of prevarication, prosecutions or illegal exactions.

As José López and MC Cartagena have always defended, public prices are calculated, they are not negotiated, negotiated or settled in non-transparent procedures.

For all the above, and the reasons that will arise from the detailed study that we have been prevented and denied, we expressly reserve the legal actions that proceed against this administrative act and those responsible, and we sign this vote against the proposal.

Source: Grupo municipal MC Cartagena

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