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Order Of 25 September 2001 On Procedure For Awarding Grants To Repair Damage Caused By Floods In The Goods And Services Of Local Authorities In The Autonomous Community Of Castile And Leon, As A Result Of ...

Original Language Title: ORDEN de 25 de septiembre de 2001 sobre procedimiento de concesión de subvenciones para reparar los daños causados por las inundaciones en los bienes y servicios de entidades locales, en la Comunidad Autónoma de Castilla y León, a consecuencia de ...

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TEXT

The Royal Decree-Law 13/2001 of 5 September (Official State Gazette number 214) takes urgent measures to repair the damage caused by the floods produced in the Autonomous Community of Castilla y León as a result of the heavy rains in the months of February and March 2001.

In Article 9, in conjunction with Article 1 (3), it empowers the Ministry of Public Administration to propose the payment of subsidies to local authorities, which are intended for the repair or return of the infrastructure, equipment or facilities and services, referred to in Article 26 of Law 7/1985 of 2 April, regulating the bases of the Local Regime, as well as the road network of ownership of the Provincial Diputations and establish the procedure for granting, monitoring and control.

The final provision of the Royal Decree-Law orders the holders of the various ministerial departments to make, within the scope of their respective powers, the provisions necessary for the execution of the established in the.

Consequently, it is necessary to establish the procedure to be followed for the granting and processing of the abovementioned grants, as well as for information on the state of execution of the works and the monitoring of the application of those to its purpose.

In compliance with the above First Disposition, I have:

First. Territorial scope of application.-The grants covered by this Order shall be applied in the municipal or population terms determined by the First Vice-President of the Government and Minister of the Interior in accordance with the provisions of this Regulation. Article 1 (1) of Royal Decree-Law 13/2001 of 5 September.

Second. Purpose of the grants. -1. The grants referred to in this Order shall be for works of repair or restitution of damage caused in the facilities necessary for the complete provision of the municipal services referred to in Article 26 of Law 7/1985, April 2, the regulator of the Local Regime's Bases, as well as in the road network owned by the Provincial Diputations.

According to the provisions of Article 7 of Royal Decree-Law 13/2001 of 5 September, emergency expenses of an immediate nature will not be the subject of a grant by this Department to alleviate the damage caused by the rain.

Third. Indicative allocation of State subsidies.-The Government delegation in Castilla y León, taking into account the assessment of the damage caused in the infrastructure, services and equipment referred to in the second paragraph, shall carry out the indicative allocation at the level of the province of the State grants to co-finance the actions for the repair of the damage. From this distribution, the General Directorate for Local Administration will be given an account.

Fourth. Drafting and forwarding of the technical projects or budgets of the works.-The Provincial Diputations, ex officio or, where appropriate, at the request of the affected Councils, shall forward to the Subdelegates of the Government the technical projects or, when In the case of actions referred to in Article 56 of the Royal Decree of 16 June 2000, the recast of the Law on Public Administration Contracts, the budgets corresponding to the works of repair or refund within two months of the date of publication of this Order in the "Official State Gazette".

In the event that such entities do not submit technical projects or budgets within the indicated time limit, the affected councils may do so in the alternative, within one month of the expiration of the month.

Fifth. Report of technical projects or budgets by the Government Subdelegation Assistance Committees. -Government Subdelegation Assistance Committees will issue a report on technical projects or budgets within the 15 days from receipt, comprehensive of the following:

a) That the typology of the works corresponds to that contained in the second section of this Order.

b) Character of the repairs or refunds, concerning whether the proposed works are accommodated to the pre-existing facilities or involve alterations thereof, in which case they will only be subject to subsidies amendments which are deemed necessary for their technical improvement.

In case the changes introduced are not considered justified, the Commission of Assistance to the Subdelegation of the Government will inform the respective Diputación or, if necessary, the affected Ayalsones.

c) The need and valuation of the works.

d) that works that have been awarded to contractors or agreed to be directly executed by the Administration itself, prior to the entry into force of this Ministerial Order, for having required the correct service delivery, comply with the above requirements. In the list in Annex I, the works already awarded must be recorded.

Sixth. Allocation of grants. -1. The Government Subdelegates shall forward to the Directorate-General for Local Administration a quantified ratio of the technical projects or budgets which have been favourably informed in accordance with the preceding paragraph, by way of the model set out in Annex I, together with the report itself, within 10 days of its issuance.

2. In the light of the relationship and the report, the Ministry of Public Administration, after checking its compliance with the provisions of this Order, will allocate the grants to the Provincial Diputations.

Seventh. Amount of State subsidy and programme of financing of works. -1. The subsidy from the State shall be up to 50 per 100 of the amount of the technical projects or budgets, in accordance with the provisions of Article 1 (3) of Royal Decree-Law 13/2001 of 5 September, and shall be financed in accordance with the provisions laid down in Article 9, in relation to the third provision of the provision.

2. The remainder of the amount of the works will be financed by contributions from the affected councils and from the grants that the Provincial Diputations and the Autonomous Community can grant.

3. The amount of the grants covered by this Order may in no case be such that in competition with grants or aid from other public administrations, or from other public or private, national or international entities, exceeds the total cost of the work.

4. To this end, the Provincial Diputations shall draw up and approve a programme of financing, detailed by works, specifying all the financing agents and the amount of their respective contributions, according to the model that consists of Annex II.

5. This funding programme will be sent by the Provincial Diputations to the Directorate-General for Local Administration within one month of notification of the grant of the grants.

Eighth. Award, completion and monitoring of works. -1. Local authorities shall carry out the works, the award of which to contractors or direct execution agreement by the Administration itself shall take place before the end of the four-month period since the notification of the granting of the works. grants.

2. The works must be completed within the year following the expiry of the four-month period referred to in paragraph 1 above.

3. The time limits referred to in the two preceding paragraphs may be extended, at the request of the Entities concerned or of trade by the Directorate-General for Local Administration, if in the judgment of the latter there is a fair cause.

The extension of such time limits shall be requested before the expiry of those fixed in general in paragraphs 1 and 2 above, for one or more specified works, expressing the duration of the extension which is requests, motivated and with documentary justification.

4. The Provincial Members shall give an account of the state of execution of the works to the Directorate-General for Local Administration, within the month following the expiration of each calendar semester, using the model of Annex III to that effect.

Ninth. Payment procedure.-On the basis of the certificates of award of the works supported or the agreements implementing them by the Administration itself, the Ministry of Public Administration will free the Provincials the totality of the subsidy allocated to each work.

The Provincial Members will have to present in the Directorate General for Local Administration the corresponding letter of payment, in which they will enter the legislation under which the one has been granted, the amount of the grant, as well as the number of works, within ten days from the date of its completion.

10th. (i) the Provincial Diputations shall submit to the Directorate-General for Local Administration the winding-up of the grants, within three months of the end of the period, general or extended, of completion of the works, in the model set out in Annex IV.

11th. Grants that have not been applied to their purpose within the period of execution provided for in the Eighth paragraph shall be reintegrated into the Treasury, together with interest for late payment, from the time of payment of the grant. in accordance with Article 81 of the Recast Text of the General Budget Law, approved by the Royal Decree of Law No 1091/1988 of 23 September 1988.

Single end disposition. Entry into force.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 25 September 2001.

POSADA MORENO

ATTACHMENTS

(SEE IMAGES, PAGE 37506 to 37507).