By Which Law 86 Of 1989 Amending

Original Language Title: Por la cual se modifica la Ley 86 de 1989

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ACT 310 OF 1996
(August 6)
Official Gazette No. 42,853, of 12 August 1996
By which Law 86 of 1989.
summary amending Term Notes


THE CONGRESS OF COLOMBIA DECREES:
ARTICLE 1o. The area of ​​influence of a Public Service System of Urban Mass Transit Passengers, will be comprised of urban, suburban and municipalities to which the system serves as a direct or indirect interconnection areas.
Article 2.
. The Nation and its decentralized entities services co-finance or participate with capital contributions in cash or in kind, in the System of Urban Public Service Mass Passenger Transport, with a minimum of 40% and a maximum of 70% of service the project debt, provided that the following conditions are met:
1. That a society is constituted for the actions that will be the holder of such transportation system, should be made a capital contribution.
2. The respective project have previous concept of Conpes by a feasibility study and profitability, technical-economic, socio-environmental and physical space, which clearly define the strategy and the Integrated System proposed Mass Transit and the timing and implementing agencies.
3. The Integral Plan Mass Transit proposed is consistent with the respective Comprehensive Urban Development Plan, in accordance with the Law 9a. 1989, or rules that modify or replace.
4. That the proposed project is properly registered with the Bank of Investment Projects of National and meet the requirements set by Decree 841 of 1990 and other applicable provisions on the subject.
5. It is formally constituted a single authority Transport Management System for Urban Public Service Mass Passenger Transport proposed.
6. Effective Notes

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ARTICLE 3. The Nation may only grant its guarantee to foreign loans contracted for projects Systems Urban Public Service Mass Passenger Transport, when they have pledged in their favor income in sufficient amounts to cover the payment of the participation of territorial entities.

ARTICLE 4. When local authorities own income and surtax on fuels are not sufficient to cover the pledge of the remedies provided in the preceding article, they are entitled to:
1. Increase up to 20% operating rates and rates of taxation within its jurisdiction.
2. Create new taxes on transit rights in certain restricted or congested areas, tolls and charges for special parking lots.
3. Enter into concession contracts for the construction, maintenance, operation and total or partial management of mass transit systems under the control of the grantor and other provisions established by Law 80 of 1993. PARAGRAPH 1.
. Increases and events referred paragraphs of this Article shall be used exclusively to finance systems Urban Mass Transit Public Service Passenger and will be charged with effect from 1st. January of the year following that in which the contract is perfect for development. PARAGRAPH 2.
. In the event that it is necessary to resort to partial financing system contribution valuation, studies, collection and general administration will be done by the specialist in the subject of the respective municipality or core or metropolitan municipality, by administrative agreement entity the company or entity that later the massive transportation system.

The 5th ITEM. Territorial entities participating in the System of Urban Public Service Mass Passenger Transport Medellin and Valle de Aburrá must pledge earnings which guarantee at least sixty percent (60%) of this value service debt of all loans that have contracted or are employed or who are or were guaranteed or guaranteed by the Nation, for funding this system, whatever the state in which they are amortized. Forty percent (40%) remaining is in charge of the Nation.
For the pledge of income in the preceding paragraph refers to the territorial entities involved will continue to use the income that so far have served as collateral for the Nation.

For purposes of the preceding paragraph, the amount of pledging valorización shall be ninety-eight million dollars (US $ 98.000.000.00) 1996 and the pledge of income from the tax on cigarettes and snuff are reduce up to forty percent (40%) of its value.
In the event that applying the above criteria, and added surtax on fuels, are exceeding the minimum collateral value for the Nation may be reduced additionally pledging income from consumption tax cigarette and snuff to the nominal value of such excess.
To implement the collection of the surtax on fuel, it may be on the supply plants for large distributions or retail distributors, the Government will regulate the matter.
In any case, the combination of all the above, always ensure at least the percentage specified in the first paragraph of this article.
PARÁGRAFO. In any case, the provisions of this Article may not be more burdensome for Territorial Entities involved in the Urban Public Mass Transit System Passenger Medellin and Valle de Aburrá that the provisions of Law 86 1989

ARTICLE 6o. You may provide the iron rail corridors for property forming part of the Mass Transit System. The commercial value of these corridors will be part of the contributions of the decentralized entities to which article 2 refers. of this Law.
Ferrovías make the necessary studies to determine the possibility to concession the rail lines of Zipaquira and Soacha Facatativá enter the center of Bogota.

ARTICLE 7. From the effective date of this Act are repealed articles 3., 4o., Single paragraph and paragraph 1o. of Article 8. and article 9. Act 86 of 1989 and other rules that are contrary.

Article 8. This Law governs from the date of its enactment.
The President of the honorable Senate, JULIUS CAESAR
Tulena WAR.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives,
Rodrigo Rivera Salazar.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
TAFUR.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Santa Fe de Bogota, DC, on August 6, 1996.

Ernesto Samper Pizano Minister of Finance and Public Credit, José Antonio Ocampo Gaviria
.
The Minister of Transport,

CARLOS GUTIERREZ Hernan Lopez