Bs. As., 3/10/94
VISTO Law No. 23.696 and Decrees No. 1143/91 and 602/92 and the work and consultations carried out regarding the remodeling of the so-called CENTRAL RETIRO DE FERROCARRILES ARGENTINOS, and
That by Law No. 23,696 the NATIONAL COMPANY entrusted the NATIONAL EXECUTIVE POWER with the granting of railway services.
That the railway services of passengers are deficient, so in order to permit their concession the necessary subsidy must be contemplated with funds of the Treasury of the Nation.
That among the concessions of railway lines included are those that operate in the so-called Central Retiro of the City of Buenos Aires.
That because the terminal operates passenger and cargo services, the convenience of keeping only the first ones in that place has been evaluated, unique to justify their central location.
That studies were also carried out regarding the rationalization of the railway transport of passengers, highlighting the possibility of grouping the different lines that operate in the Retiro area in a single terminal, which would reduce the operating costs and ultimately their deficit.
That in order to carry out the purpose set by Act No. 23,696, the National Government has entered into the constitution that was validated by Decree No. 166/94.
With regard to the properties which, as a result of the privatization and rationalization of the service, were disaffected, Act No. 23.697 provided for the disposal of the same.
That, in that regard, article 10 of Decree No. 1143/91 entrusted the MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICS as the implementing authority, which proposes the creation of an integrated fund with the emerging resources of the real estate and other assets of the companies currently providing the railway services of passengers, to apply to the payment of the subsidies that are agreed with the dealers.
That also article 11 of the said decree established that the enforcement authority should provide for the optimal exploitation of the goods affected, disaffected or disaffected by the railway service corresponding to the Metropolitan Area of Buenos Aires, through calls for the presentation of proposals on urban development and the corresponding offers for its exploitation, while authorizing it to hire the technical advice of specialists in the field.
That the NATIONAL EXECUTIVE POWER maintains as a basic objective that the construction of the railway restructuring does not imply an erogation for the Treasury of the Nation, which is why the urbanisation plan to unfold in the area should be self-financing with funds from the disaffected lands of the public service.
That, for its part, Decree No. 602/92 entrusted the STATAL INMUEBLE COMMISSION created by its similar No. 2137/91 in the jurisdiction of the MINISTERY OF ECONOMY AND ARTWORKS AND PUBLIC SERVICES, the elaboration of a master plan of urbanization.
That by Decree No. 602/92, it was proposed to optimize the income from the sale or concession of the property owned by the Nation in the area in question, for which it delegated to the COMMISSION VENTA DE INMUEBLES ESTATALES dependent on the MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICOS competition to sell or grant the properties resulting from the plot, through tendering or public auction.
That the Commission received technical assistance in the design of a development plan for the complex of the Retiro Terminal of the City of Buenos Aires, with the participation of the INTERNATIONAL RECONSTRUCTION AND FOMENT BANCO through the United Nations Development Programme (UNDP).
As a result of technical assistance, a proposal for the modification of existing railway infrastructure was received to relocate the railway line in order to modernize and rationalize the provision of services.
As for passenger transport services, the proposal consisted of the relocation of the tracks and the unification of the passenger terminals, with a view to facilitating the transfer between the different means.
In the area of cargo transport, it was recommended to move operations outside high-density urban areas and redesign infrastructure, to enable better access to the port.
That the proposals from technical assistance are aimed at allowing the disabling of public service land, improving transit in the area, reducing environmental pollution and raising the aesthetics and living standards of the inhabitants.
That according to the studies carried out and for the purposes of the development of the plan of urbanization of the disaffected lands, it is necessary to establish basic urban guidelines that contemplate the generation of a wide area of public parks in addition to the green spaces that should contain the entrepreneurships of construction- and the refunctionalization of the former railway station Bartolomé Mitre, which will be used for cultural or recreational purposes.
That the powers for the dictation of the present emanate from the provisions of article 99, paragraph 1, of the NATIONAL CONSTITUTION and Law No. 23,696.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1 . Instrúye a FERROCARRILES ARGENTINOS so that it proceeds to the relocation of the facilities and railway line of the so-called Terminal Retiro, delimited by Avenida del Libertador General San Martín, Avenida Figueroa Alcorta, calle Jerónimo Salguero, Autopista Costanera and Avenida Ramos Mejía, disabling from the plane operation IEX Art. 2o . Commend the Municipality of the City of Buenos Aires and FERROCARRILES ARGENTINOS to make a call for the contest of ideas or preliminary croquis, of a non-binding character for the urban development of the disaffected area of the railway operation defined by Article 1 of the present.
The expenses that demand the realization of this contest will be solved by FERROCARRILES ARGENTINOS.Art. 3o El The idea contest shall be convened within the time limit of CIENTO VEINTE (120) days from the entry into force of this decree, in accordance with the following objectives:
(a) To allocate SESENTA and CINCO per SCIENTO (65 per cent) of the area disaffected to land free of public use.
(b) assign to the private area the TREINTA AND CINCO per SCIENTO (35 %) as maximum of that area.
(c) Destinate to private free area a SESENTA BY SCIENTO (60 %) at least of each plot, respecting a F. O. S. (land occupation factor) of the ACCENTA BY SCIENTO (40 %) at most.
(d) Maximize a rough buildable surface equivalent to an FOT (total occupancy factor) of 1.2 or net 3.5.
(e) Fix a horizontal boundary plane to NOVENTA (90) meters.
(f) Fix predominant residential use, with hotel facilities, commercial support and local level services.
(g) Preserve the building of the Bartolomé Mitre Railway Terminal Station, destined for cultural and/or recreational uses.
(h) Ensuring self-financing of the railway works referred to in Article 1 of the present and the infrastructure of urban development.Art. 4o . Commend the Municipality of the City of Buenos Aires to carry out a study of transit and transport of cargo and passengers, whose conclusions must be part of the call to contest established in the previous article and serve as a basis for the road works to be located in the area. Art. 5o . Commend the Municipality of the City of Buenos Aires and FERROCARRILES ARGENTINOS with the study and adoption of immediate solutions aimed at improving road traffic on Avenida del Libertador General San Martín between Avenidas Ramos Mejía and Callao. Art. 6th . Based on the ideas selected in the contest, FERROCARRILES ARGENTINOS will develop the project of Urban Development of the sector.
This project should be submitted for consideration by the Municipality of the City of Buenos Aires for approval.Art. 7o . Contact the Bicameral Commission created by article 14 of Law No. 23,696. Art. 8o . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . José A. Caro Figueroa. . Carlos F. Ruckauf.