Law NO. 19.436 CREATES COMMUNE OF SAN PEDRO DE LA PAZ Having present that the National Congress has given its approval to the following Bill: " Single article.-Create the Commune of San Pedro de la Paz, seat of San Pedro de la Paz, in the Province of Conception, Bio Bio Region. It includes the part of the commune of Concepción located to the south and the west of the river Bio Bio. TRANSITIONAL PROVISIONS Article 1.-For the purposes of Article 12 of Law No 18,695, and the relevant provisions of Decree Law No 3,063 of 1979, Law on Municipal Income, include in the distribution coefficients the commune of San Pedro de la Paz, to be counted from January 1, 1996. Article 2.-During the period in which the commune of San Pedro de la Paz, created by this law, does not have its own Municipality installed, it shall be grouped together for the purposes laid down in Article 107 of the Political Constitution of the Republic, with the comuna de Concepción. For the purposes of the administration of the commune of San Pedro de la Paz, the Municipality of Concepción, in which this function will take place, will have to carry a single budget and accounting, without prejudice to the internal the procedure to be carried out separately, by commune, both activities, from the thirty days following the promulgation of this law, with the purpose of preparing the future administration of the new commune. The Secretariat for Regional and Administrative Development of the Ministry of the Interior and the Budget Directorate of the Ministry of Finance, in coordination with the Regional Government of the Bio Bio Region, will carry out a study of the total cost that shall involve the specified installation, the results of which shall be sent to the President of the Republic. Authorize the President of the Republic, so that once the aforementioned study has been evacuated, he will allocate part of the resources of the municipal fund that correspond to the commune of San Pedro de la Paz to finance the installation of his Municipality. This allocation of resources must be carried out in such a way as not to affect the regular functioning and financing of the services provided to the group of communes. Article 3.-Facultate the President of the Republic so that within one year, by means of provisions with force of law, regulate the form of installation of the municipality of San Pedro de la Paz, which in any case must be installed to the the date on which the elected authorities assume the next general municipal election. In the provision with force of law referred to in the previous paragraph, it will also be determined the proportion of the charges of the plant of the Municipality of Concepción that must be assigned to the plant of the Municipality of San Pedro de la Paz, For this purpose, the proportion of the population contributed to the new commune by the original commune. That proportion shall be determined, where appropriate, in respect of each of the plants covered by Law No 18,883. The responsibility for the installation process of the municipality will be the responsibility of the Mayor of Concepción, with the permanent advisory and throughout the process of the Subsecretariat of Regional and Administrative Development of the Ministry of the Interior, which will be exercised with the collaboration of the Mayor, in his capacity as Executive of the Regional Government, with the purpose of ensuring a fair and adequate implementation of the new municipality. Article 4 °.-The President of the Republic shall be empowered to establish, within a period of one year, by decree with force of law, issued by the Ministry of the Interior, the personnel plant of the Municipality of San Pedro de la Paz and the requirements for the entry and promotion of the charges. The mayor of Concepción will point out the official officials who will be transferred to the Municipality of San Pedro de la Paz, in whose plant the respective mayor will have to appoint them to count on the installation of the new municipality, in order to provide the charges in accordance with the ratio laid down in accordance with the second paragraph of Article 3 (3). The appointment of such staff shall be made subject to the rules on competition of law No 18,883, and shall in any event comply with the corresponding income requirements. The posts of the officials to be transferred shall be understood as deleted at the plant of the Municipality of Concepción, once the appointment referred to in the previous paragraph has been made. The transfer of personnel will be carried out without a solution of continuity and without which the remuneration that they perceive can be diminished. If the new position is of a lesser degree, the respective servers will receive the difference for an additional, taxable and readjustable payroll at the same opportunity and percentage as the remuneration of the Municipal Sector. Article 5.-Authorize the Municipality of Concepción to transfer the domain, free of charge, to the Municipality of San Pedro de la Paz, of the real estate of its property located in the jurisdictional territory of the new commune. Likewise, the Municipality of Concepción has the power to transfer to the Municipality of San Pedro de la Paz, also for free, the movable property that houses the buildings and the others that the respective mayors agree. The transfer of the credits and obligations of the Municipality of Concepción, which correspond to or affect the patrimony or the administration of the new commune, will be agreed by common accord between the two mayors and their respective councils. Article 58 of the Constitutional Organic Law of Municipalities. The donations made to the Municipality of San Pedro de la Paz, by application of the provisions of the foregoing, will not require the procedure of judicial innuendo referred to in Article 1401 of the Civil Code and will be exempt from the Tax on donations set out in Law No. 16,271. The Real Estate Conservatives and the Civil Registry and Identification Service will proceed to register the buildings and vehicles, respectively, in the name of the Municipality of San Pedro de la Paz, by virtue of a written request from the mayor. The transfer of the goods indicated shall be exempt from tax and the rights arising from such inscriptions. Article 6 °.-Without prejudice to the provisions of the preceding articles, during the transitional period of administration, the Subsecretariat of Regional and Administrative Development shall, with the collaboration of the Mayor in its capacity as Executive of the Regional Government, to coordinate, among other matters, the transfers referred to in the preceding article 5, as well as the investment made in the territory of the commune of San Pedro de la Paz, with the purpose of ensuring a fair and proper implementation of the new commune. Article 7.-As long as the amendment corresponding to the final title of Law No 18,700, Constitutional Organic on Popular Voting and Scrutiny, and its modifications, on electoral districts and constituencies, is not carried out. senatorial, will continue in force for all legal effects its current territorial conformation. " And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 22 December 1995.-EDUARDO FREI RUIZ-TAGLE, President of the Republic.-Carlos Figueroa Serrano, Minister of the Interior. What I transcribe to Ud., for your knowledge.-Saluda to Ud., Belisario Velasco Baraona, Under Secretary of the Interior.