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Summary of the agreements of the Plenary held today in the City of San Javier (14/12/2017)

The Plenary Session of the City Council of San Javier has today ruled unanimously against the filing of a cassation appeal against the ruling issued by the Contentious Administrative Chamber of the Superior Court of Justice that gives the reason to the company Hidrogea against the City of San Javier in the long litigation that maintains both institutions for divergences in the interpretation of the complementary fee that the company must pay annually to the City Council since 2002.

All municipal political groups ratified in the plenary session held today the agreement that the Local Government Board approved, for reasons of urgency, in which it is waived to go to the Supreme Court for the purpose, as explained by Mayor José Miguel Luengo, to avoid possible economic damage to the City Council that could be ordered to pay up to 500,000 euros in costs according to reports that the Municipal Intervention and Secretariat have prepared in this sense, in case of not prospering, as seems likely according to the municipal legal services, the appeal of cassation to the judgment of the Superior Court of Justice.

The judgment of the Supreme Court, which does not order the City Council to pay the costs, resolves the appeal, which was also approved unanimously in the Plenary, against the ruling of the Contentious Administrative Court No. 1 of Cartagena in which the judge gave the reason to Hidrogea when estimating the resource of the company against the agreement of Plenary in which were approved the liquidations of the annual canon corresponding to the period between 2002 and 2012, by which the City of San Javier claimed the concessionary company of the municipal service of water a total of 11,443,679, 38 euros.

The mayor of San Javier José Miguel Luengo has said that from now negotiations with Hidrogea will resume to reach an agreement on the formula, which includes the current contract with Hidrogea from 1994 to 2019 and which establishes the fee that the concessionaire company of the potable water and sewerage service must be paid to the City Council once the number of meters grows above 25 percent, a situation that has been occurring since 2002 up to the present.

New ordinance on street vending

The Plenary unanimously approved a new regulatory ordinance for itinerant or non-sedentary sales in accordance with the regional regulations approved in this matter and with the aim of improving the conditions and legal security of merchants, both existing and those that may be incorporated, explained the mayor of Markets, Pedro López.

The ordinance considers street sales to be the commercial activity of retail sale carried out with administrative authorization exercised habitually or occasionally, periodically or continuously, in places of public or private ownership that are duly authorized by the City Council and through the use of removable facilities, including the sale in store vehicles, and excludes fairgrounds and "outlet" fairs.

The validity of the authorizations will be of eight years extendable to another eight in the weekly markets, having to prove each year, through a responsible declaration, that the requirements of the authorization are maintained.

The markets in private land will require the authorization of the City Council that will be granted through a series of legal requirements, security, and cleaning.

The text also includes the regulation and authorization of sale in isolated places on public roads such as selling ice cream, churros or candy carts, among others.

The ordinance also includes a series of duties of merchants in defense of consumers such as having the municipal authorization exposed, issuing purchase tickets to consumers who request it, having a civil liability insurance or being able to prove the origin of the goods to the sale, among others.

The ordinance will be exposed, in the municipal transparency portal, among other means, for a period of 30 days in which allegations may be submitted before final approval.

Approved the Normative Plan for 2018

The Plenary held today approved a Normative Plan for 2018, presented by the government team that will be approved and published each year with the provisions for modifications of municipal ordinances in order to facilitate the audience and citizen participation in its development through the municipal portal of transparency where the modification process will begin with the publication of a first draft of the ordinances that it is intended to modify.

The first Normative Plan approved by the Plenary with the favorable votes of the Popular groups, Win San Javier, Socialist and non-attached councilor and the abstention of Citizens-C's, includes a total of six ordinances and regulations that are expected to change as the one that regulates the cession of use of premises and public spaces for municipal associations, and the regulation regulating the activity of the festeras clubs.

Also included are the regulations of the Sports Advisory Council, physical activity and healthy habits, the organic regulations of the municipal Corporation;

the ordinance that regulates the responsible declaration and the license for the exercise of business activities;

the protection and defense ordinance of companion animals.

The Local Police will be included in the Comprehensive Monitoring System for cases of gender violence

The Plenary unanimously approved a motion presented by the Ciudadanos-C's group so that the file for the possible incorporation of the Local Police of San Javier into the "Integral Monitoring System for cases of gender violence" (VioGén) put in place marched by the Ministry of the Interior in 2007 and consisting of an updated computer network that allows to consult any information regarding domestic violence cases and the current situation of victim and aggressor.

The agreement includes following the Guide for regulatory processing in these cases through the Coordination or Violence Unit attached to the Government Delegation in Murcia.

Impulse to photovoltaic energy installations for self-consumption

The Plenary approved a motion presented by the Socialist group in which the Government of the Region of Murcia is urged to develop together with the 45 municipalities of the Region a plan of disclosure on photovoltaic technologies that includes information on financing, grants and deductions fiscal and general information for the population, as well as a road map with quantified and evaluable objectives and increase tax deductions for the self-consumption of electricity.

The motion also requests that the file be initiated to study the possible modification of the tax ordinances of the City of San Javier so that from 2018 or 2019, small producers of photovoltaic energy (up to 10KW) for self-consumption in their homes and SMEs, obtain a bonus on the Real Estate Tax of 100% in the five years following the start-up of these facilities.

The motion was approved with the favorable votes of the Socialist groups, Citizens-C's, Win San Javier, and non-attached councilor, and the abstention of the Popular group, through the mayor of Urbanism, Antonio Martinez noted the validity of the regional Energy Plan 2016-2020, which promotes sustainable energies such as photovoltaics and municipal work in its dissemination with talks and workshops as well as the existing 50% tax deduction in the IBI for buildings that have solar panels.

Source: Ayuntamiento de San Javier

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