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The City Council requests the Court split the payment of judgments planning agreements "trap" (04/04/2016)

The goal is to continue to provide all municipal services, making payment to SMEs working for the municipality and citizens do not take the subject to the erroneous decisions made at the time.

Councilman Economy in the City of Lorca, Fulgencio Gil, has reported that the city council has asked the Court to be allowed to establish a payment schedule to address the payment of the amounts to which have to face the Lorca because of convictions resulting from planning agreements "trap".

Councilman stated that "the economic situation of the City today is good. We managed to straighten the course of a ship we all know how it was in 2007 (shot deficit and 105 million debt). They have multiple actions to have been necessary streamline, eliminate waste, and adjust in all areas of management of the City. we are talking about a task in which they have worked full all the departments, and through it our City Council is now feasible economically, while we cut debt , increased investment and empower social spending and employment promotion. Now we can not take a step back, we want to move forward, and do not consider it fair that erroneous decisions involving an insurmountable burden ".

Councilman Economy explained that this objective has approved a motion on the Governing Board of the Consistory in which the Court to be granted a period of four years to repay the agreement Terracamp the City Council requested, before the refusal of promoter to grant a subdivision and timing of payments.

The text of this motion shows the difficulties that such action entails against Lorca.

Fulgencio Gil has indicated that at present it is known to serious financial damage posed to the City these statements, as they involve a significant outlay.

We are aware that you have to pay these amounts, but it is common sense that a mechanism to cushion this blow is established.

Lorca ask that we be allowed sentenced meet him in the least burdensome way possible by serious disorder that would blow the immediate and payment of these amounts.

At this juncture we want to make clear that we could only pay if a subdivision is established and / or deferral of fertilizers.

Councilman Economics pointed out that the City relies to apply this meda in paragraph 4 of Article 106 of the Law on Jurisdiction of Administrative which recognizes that "if ordered to pay amount Administration deems that compliance with the sentence would cause severe disruption to the Treasury will inform the judge or court accompanied by a reasoned proposal that, after hearing the parties, is resolved on how to enforce the judgment in the manner that is less burdensome for it ".

Fulgencio Gil recalled that there is a municipal report states that the effects it could have on the economic situation of the City of Lorca the return of these amounts, including the following states:

- Breach of payment to suppliers within the provisions of Law 3/2004 of 29 December, being able to hold resources of funding received from the State.

- Impossibility sanitation Remnant Treasury.

- The need for development of an Economic and Financial Plan.

- Loss of financial autonomy.

- Continuous liquidity tensions.

- According to the municipal officers, the return in a given year of all quantities entered and claimed by the promoters of the various planning agreements signed by the City of Lorca could even jeopardize the viability of the company within the meaning of stop exercise the powers and perform the required services.

The application states that arises literally that the Administrative Court No. 6 of Murcia splitting the debt of the City Council of Lorca with the company TERRACAMP, SA is proposed, amounting to 486.819,60 €, plus statutory interest and corresponding costs, which amount to 39.138,96 € for legal interests and € 33,431 in respect of costs in the form and terms set forth below:

ANNUITY

AMOUNT

2016 (paid during the month of February)

33.431,00 €

2016 (during the month of May)

111.500,44 €

2017 (during the month of May)

111.500,44 €

2018 (during the month of May)

111.500,44 €

2019 (during the month of May)

111.500,44 €

2020 (during the month of May)

111.500,44 €

Total

590.933,20 €

Economy Councilman anticipated that this type of request is to raise not only in the case of the agreement signed with Terracamp, but those who do not establish a payment by installment.

In fact currently there is already another developer who does not accept the postponement of these fertilizers, which would be a new blow of approximately € 371,560 against Lorca.

Fulgencio Gil has reported that today the judgments derived from planning agreements condemn trap Lorca to return 6,054,540.45 euros, of which 2,518,612.70 have already been paid, the remaining outstanding amount of 3.535.927,75 €.

It must be stressed that the City has managed to retain for Lorca the total amount of 570,482.47 euros from legal proceedings by planning agreements "trap", after intensive negotiations with the promoters of 3 agreements already sentenced .

Source: Ayuntamiento de Lorca

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