Key Benefits:
The Prime Minister,
On the report of the Minister of Equipment, Transport, Housing, Tourism and the Sea,
Considering the urban planning code, including its articles L. 321-1 to L. 321-9 and R. 321-2, R. 321-7 to R. 321-11;
Considering the amended Decree No. 55-753 of 26 May 1955 on the economic and financial control of the State;
In view of the amended Decree No. 62-1587 of 29 December 1962 on the General Regulation on Public Accounts;
Considering the deliberation of the General Council of Val-d'Oise of 22 November 2002;
Considering the deliberation of the Yvelines General Council of 25 October 2002;
Having regard to the deliberation of the union committee of the new agglomeration union of Cergy-Pontoise dated 15 October 2002;
Considering the deliberation of the Boisemont Municipal Council of 20 September 2002;
Considering the deliberation of the Boissy-l'Aillerie Municipal Council of 25 September 2002;
Having regard to the deliberation of the Cergy City Council of 26 September 2002;
Having regard to the deliberation of the Courdimanche municipal council of 26 September 2002;
Considering the deliberation of the Ennery City Council of 30 September 2002;
Considering the deliberation of the municipal council of Eragny-sur-Oise dated 25 October 2002;
Considering the deliberation of the municipal council of Jouy-le-Moutier on 4 October 2002;
Having regard to the deliberation of the Maurecourt municipal council of 14 October 2002;
Considering the deliberation of the municipal council of Menucourt on 3 October 2002;
Considering the deliberation of the municipal council of Méry-sur-Oise of 20 September 2002;
Considering the deliberation of the municipal council of Neuville-sur-Oise of 11 October 2002;
Considering the deliberation of Osny City Council of 11 October 2002;
Considering the deliberation of the Pontoise City Council of 10 October 2002;
Having regard to the deliberation of the May-Pontoise Municipal Council of 20 September 2002;
Having regard to the deliberation of the municipal council of Saint-Ouen-l'Aumône dated 26 September 2002;
In view of the deliberation of the City Council of Vaureal of 23 October 2002;
The State Council (section of public works) heard,
Decrete:
The Public Institution responsible for the development of the new town of Cergy-Pontoise is dissolved and winded up on 1 January 2003.
The financial account for the year 2002, referred to by the liquidator, shall be submitted, after approval by the Minister of Finance and the Minister of Planning, to the Accounts Court within nine months of the year's closing.
Effective January 1, 2003, and for a period not exceeding two years, a liquidator appointed by an order of the Minister responsible for urban planning is responsible for the completion of the operations undertaken by the establishment before January 1, 2003, and for the provision, by all means, of:
1° A liquidation of claims and debts on the balance sheet of the establishment at its liquidation date, as well as receivables and debts arising during the liquidation period;
2° At the disposal of assets;
3° Transfer to local authorities or their groupings or to the State of the right-of-way facilities;
4° Transfer of these equipment to the public authorities concerned.
It establishes a winding-up forecast account for the approval of ministers responsible for urban planning, finance and interior.
The liquidator is invested with all the powers necessary to carry out its mission. He's the revenue and expenditure agent. He can go to court and enter into transactions.
During the liquidation period, the financial and accounting regime applicable to the establishment is maintained in force. The economic and financial control of the State continues to be exercised under the conditions established by the decree of 26 May 1955 referred to above. The accounting officer remains on the same basis as previously. Agents called to assist the liquidator remain employed under the same conditions as previously.
Prior to the approval of the liquidation forecast account referred to in section 2, and for a maximum of one month, expenses may be incurred on the basis of 1/12 of the 2002 budget.
During the liquidation period, assets and liabilities as well as rights and obligations may be transferred to the State, or to one of its public institutions involved in the area of development, by joint decree of the ministers responsible for urban planning, finance and interior.
At the end of the liquidation period, the liquidator shall prepare, in support of the liquidation closing account, a record of its management. All of these documents are subject to the approval by decree of ministers responsible for urban planning, finance and interior.
This Order regulates the conditions for the transfer to the State (department of equipment, transport, housing, tourism and the sea) of assets and liabilities that are subject to the closure of the liquidation account, as well as the rights and obligations arising from the activity of the establishment or during the liquidation period or not known at the end of the liquidation account and notes the liquidation balance to be paid to the general budget of the State.
Within the period of one year following the publication of this decree, the land acquired by the State through the National Fund for Land Management and Urban Planning, the Fund for the Development of the Ile-de-France or the Ministry of Equipment on budgetary appropriations opened for the realization of new cities or urban centres may be assigned, in the conditions set out in the first paragraph of the D-1 of the article
The terms and conditions of application of this section are subject to an order by the Minister for Finance and the Minister for Equipment.
Decree No. 69-358 of 16 April 1969 establishing a Public Institution for the development of the new town of Cergy-Pontoise is repealed effective 1 January 2003.
The Minister of the Interior, Internal Security and Local Freedoms, the Minister of Economy, Finance and Industry, the Minister of Equipment, Transport, Housing, Tourism and the Sea, the Minister of the Public Service, State Reform and Land Management, the Minister Delegate for Budget and Budget Reform and the Minister Delegate for Local Freedoms are responsible, each with regard to the official execution of the decree of the French Republic.
Done in Paris, December 24, 2002.
Jean-Pierre Raffarin
By the Prime Minister:
Minister of Equipment, Transportation,
housing, tourism and the sea,
Gilles de Robien
The Minister of the Interior,
of Internal Security
and local freedoms,
Nicolas Sarkozy
Minister of Economy,
finance and industry,
Francis Mer
The Minister of Public Service,
of State Reform
and landscaping,
Jean-Paul Delevoye
Minister for Budget
and budgetary reform,
Alain Lambert
Minister for Local Freedoms,
Patrick Devedjian
