Empower The Municipalities Used All Of The 25% Of The Resources Allocated By The Fodes Act.

Original Language Title: FACÚLTASE A LAS MUNICIPALIDADES UTILIZAR LA TOTALIDAD DEL 25% , DE LOS RECURSOS ASIGNADOS POR LA LEY FODES.

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1 index Legislative Decree No. 1080 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that by Decree legislative No. 74, dated September 8, 1988, published in the Diario official No. 176, volume no. 300 of 23 of the same month and year was issued the law of creation of the Fund for the economic development and Social of municipalities reformed by decrees legislative No. 617, from 1st of February 1996, published in the Official Journal No. 43, vol. No. 330 from 1st of March of the same year; No. 76 dated 11 September 1997, published in the Diario official No. 196, volume no. 337, of October 22 of the same year; No. 217 of 22 January 1998, published in the Official Journal No. 28, vol. No. 338, on 11 February of the same year, no. 348 dated June 16, 2004, published in the Diario official No. 112, volume no. 363 of the 17th of the same month and year; No. 733 dated July 14, 2005, published in the Journal No. 147, vol. No. 368 of August 12, 2005 and no. 141 and 142 dated 09 November 2006, published in the Journal No. 230, volume no. 373 of December 08, 2006;
II. that by Decree legislative No. 850, dated April 17, 2009, published in the Official Journal No. 81, volume no. 383 of 6 may of the same year, empower the municipalities so that from May 2009 to April 30, 2010, can use up to fifty percent of the seventy-five per cent of the resources allocated by the Fund for economic and Social development of the Municipalities (FODES), for the realization of the activities concerning the collection, transport and final disposal of solid waste and close landfills open generated in their municipalities, extended by means of the Decree legislative Nr. 334, date April 22, 2010, published in the Official Journal No. 78, volume no. 387 on 29 April of the same year and by Legislative Decree No. technician. 572 dated December 17, 2010, published in Official Journal No. 241, vol. No. 389 of December 23 of the same year empower municipalities so that starting from 1st of January, 2011 to April 30, 2012, they can use up to twenty-five percent of the seventy-five per cent of the resources allocated by the Fund for the economic development and Social of the municipalities (FODES) , for carrying out the same activities;
III.-that the entry into force of the Decree legislative No. 572, dated December 17, 2010, related in the Roman II, is to finalize and to date the municipalities still needed to make use of the benefits that this Decree, given that the Ministry of the environment and natural resources has only begun the construction of a landfill at the national level being therefore needed to be issued a new decree that municipalities continue to meet the needs which demand the population 2 index legislative in the collection, transport, disposal of solid wastes and technical closure of open-air landfills.
THEREFORE: use of his constitutional powers and at the initiative of the deputies Mario Antonio Ponce López, Ana Daysi Villalobos, Guadalupe Antonio Vásquez Martínez, Carlos Armando Reyes, Carlos Cortez Hernández, Mario Eduardo Valiente and Nery Arely Díaz de Rivera.
Decree: Article 1.-Notwithstanding provisions of the FODES Act, authorize municipalities so that from the 1st. of may 2012 to December 31, 2012, they can use up to twenty-five percent of the seventy-five per cent, of the resources allocated by the Fund for the economic development and Social of the municipalities (FODES) for the realization of activities concerning the collection, transport and final disposal of solid waste and the technical closure of landfills to Sky opened that they generate in their municipalities.
For these purposes, municipalities should develop and document the project through the development of the corresponding folder, that incorporates technical and budgetary aspects of the actions to be carried out. The use of the resources allocated by the Fund will be made according to the regulations of each municipality.
Article 2.-the exceptional use of a part of seventy-five per cent of the resources allocated to the Fund for the economic development and Social of the municipalities, for activities related to the collection, transportation and disposal of solid waste must not be to the detriment of the fulfilment of obligations and financial commitments that the municipalities had already acquired or which are for purchasing, and which are provided for in the budget.
Article 3.-this Decree shall enter into force the day of its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, twenty-five days of the month of April of the year two thousand twelve.
OTHON SIGFRIDO REYES MORALES PRESIDENT CIRO CRUZ ZEPEDA PENA GUILLERMO ANTONIO GALLEGOS NAVARRETE FIRST VICE PRESIDENT SECOND VICE PRESIDENT JOSE FRANCISCO MERINO LOPEZ ALBERTO ARMANDO ROSEMARY RODRIGUEZ THIRD VICE PRESIDENT FOURTH VICE-PRESIDENT FRANCISCO ROBERTO LORENZANA DURÁN FIFTH 3 VICE PRESIDENT LEGISLATIVE INDEX LORENA GUADALUPE PENA MENDOZA CÉSAR HUMBERTO GARCIA AGUILERA FIRST SECRETARY SECOND SECRETARY ELIZARDO GONZALEZ LOVO ROBERTO JOSÉ D'AUBUISSON MUNGUIA THIRD SECRETARY ROOM SECRETARY IRMA LOURDES PALACIOS FIFTH VASQUEZ SECRETARIAT SIXTH SECRETARY MARIO ALBERTO TENORIO WARRIOR SEVENTH SECRETARY PRESIDENTIAL PALACE : San Salvador, eleven days after the month of may of the year two thousand twelve.
Publish, CARLOS MAURICIO FUNES CARTAGENA, President of the Republic.
JUAN RAMON CARLOS ENRIQUE CACERES CHAVEZ, Minister of finance.
D. OR. No. 86 volume no. 395 date: May 14, 2012.
SV/geg 13-06-2012