1996 ACT 310

(August 6)

Official Journal No. 42,853 of 12 August 1996

By means of which Law 86 of 1989 is amended.

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. The area of influence of an Urban Public Service System of Passenger Mass Transportation, will be comprised of urban, suburban areas and the municipalities to which the system serves Direct or indirect interconnection.

ARTICLE 2o. The Nation and its decentralized entities for services will co-finance or participate with capital contributions, in money or in kind, in the Urban Public Service System of Mass Transportation. Passengers, with a minimum of 40% and a maximum of 70% of the project's debt service, provided that the following requirements are met:

1. A company shall be constituted by shares which shall be the holder of this type of transport system, in the event of a capital contribution.

2. That the respective project has a previous concept of the Conpes through a feasibility study and profitability, technical-economic, socio-environmental and physical-spatial, that clearly define both the strategy and the Integral System of Mass Transport proposed, as well as the timetable and implementing agencies.

3. That the proposed Comprehensive Mass Transportation Plan be consistent with the respective Comprehensive Urban Development Plan, as provided for in Law 9a. of 1989, or rules amending or replacing it.

4. That the proposed project is duly registered with the National Investment Project Bank, and complies with the requirements established by Decree 841 of 1990 and other existing provisions on the subject.

5. That this formally constituted a Single Transport Authority for the administration of the Urban Public Service System of Passive Passenger Transport.

6. 267 of Law 1753 of 2015 >

ARTICLE 3o. The Nation will only be able to grant its guarantee to the external credits that are contracted for the projects of the Urban Public Service Systems of Passenger Mass Transportation, when they are (i) in favour of the payment of the participation of local and regional authorities;

ARTICLE 4. When the territorial entities ' own income and fuel surcharge are not sufficient to cover the funding of the resources provided for in the article previous, they are empowered to:

1. Increase up to 20% of the operating fees and charges for the charges for their competition.

2. Create new taxes on traffic rights in certain restricted or congested areas, collection of tolls and special charges for parking lots.

3. To conclude concession contracts for the construction, maintenance, operation and total or partial administration of mass transit systems, under the control of the entity and other provisions established by Law 80 of 1993.

PARAGRAFO 1o. The increases and events referred to in the numerals of this article shall be exclusively used for the financing of the Passenger Mass Transport Urban Public Service Systems and shall be charged from 1. January of the year following the year in which the contract for its development is perfected.

PARAGRAFO 2o. In the event that it is necessary to go to partial financing through the system of the contribution for valorization, the studies, collection and administration in general will be performed by the entity specialized in the subject of the respective municipality or the municipality nucleus or metropolis, by means of interadministrative agreement with the company or entity that the mass system of transport.

ARTICLE 5o. The territorial entities participating in the Urban Public Service System of Passenger Mass Transportation of the city of Medellín and Valle de Aburra, will have to pay rents that guarantee at least sixty percent (60%) of the present value of the debt service of all the credits that have been contracted or are contracted or that are or have been guaranteed or guaranteed by the Nation, for the financing of this System, whatever the state of depreciation they are in. The remaining forty percent (40 percent) is left in charge of the nation.

For the income from the income referred to in the previous paragraph, the territorial entities involved will continue to use the income that has so far served as a guarantee for the nation.

For the purposes of the foregoing paragraph, the amount of the payment of the recovery contribution will be ninety-eight million dollars (US$ 98,000,000.00) of 1996 and the income from the income tax on cigarette and tobacco consumption. shall be reduced to 40% (40%) of its value.

In the event in which the above criteria applied, and the fuel surcharge is added, the minimum value of the payment for the Nation will be exceeded. Cigarette and tobacco consumption up to the nominal value of that surplus.

To implement the collection of the fuel tax surcharge, this can be done in the supply plants, by the large distributions or by the retail distributors, the government will regulate the matter.

In any case, the combination of all the above will always guarantee at least the percentage set out in the first paragraph of this article.

PARAGRAFO. In any case, as set out in this article, it may not be more onerous for the Territorial Entities involved in the Urban Public System of Passenger Mass Transportation of the City of Medellin and the Aburra Valley as established in Law 86 of 1989.

ARTICLE 6o. Ferrovias will be able to provide the ferrous corridors of their property to form part of the Mass Transportation System. The commercial value of such brokers shall be part of the contributions of the decentralised entities, referred to in Article 2or. of this Law.

Ferrovias will do the necessary studies to determine the possibility of granting in concession the railway lines that of Zipaquira, Facatativa and Soacha enter the Center of Bogota.

ARTICLE 7o. As of the validity of this Law, Articles 3o., 4o., single indent and paragraph 1o are repealed. Article 8o. and Article 9o. of Law 86 of 1989, as well as other rules which are contrary to it.

ARTICLE 8o. This Law governs from the date of its enactment.

The President of the honorable Senate of the Republic,

JULIO CESAR GUERRA.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

RODRIGO RIVERA SALAZAR.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada en Santa Fe de Bogota, D.C., 6 August 1996.

ERNESTO SAMPER PIZANO

The Minister of Finance and Public Credit,

JOSE ANTONIO OCAMPO GAVIRIA.

The Minister of Transport,

CARLOS HERNAN LOPEZ GUTIERREZ