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Population Centres. Power Electric And Drinking Water. Facilities. Land. Fractionation. Authorization.

Original Language Title: Centros Poblados. Energia Electrica Y Agua Potable. Instalaciones. Terrenos. Fraccionamiento. Autorizacion.-

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Legislative Power/ Eastern Republic of Uruguay
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Law 13.493


POPULATED CENTERS


IT IS ESTABLISHED THAT THE COMPETENT AUTHORITIES SHALL NOT AUTHORIZE ANY FRACTIONATION OF LAND WITHOUT THE PROVISION OF FACILITIES FOR THE SUPPLY OF ELECTRICAL POWER AND ADEQUATE SUPPLY OF DRINKING WATER.


The Senate and the House of Representatives of the Eastern Republic of Uruguay, meeting in General Assembly,

DECREE:



Article 1 °.
As of the promulgation of this law, the competent authorities shall not authorize any fractionation intended to create a populated center (laws Nos. 10.723 and 10.866, 21 April and 25 October 1946, respectively) without the provision of facilities for the provision of electrical power and adequate drinking water supply.
At the start of the procedure to obtain authorization to carry out the fractionation shall be accompanied by the documentation justifying the approval of OSE and UTE to the projects of facilities which they are responsible for controlling, of the services specified in the previous paragraph.

Article 2 °.
The fractionations with the said destination, already authorized or executed or promised for sale without drinking water supply and electric light service, shall be provided with such services, the provisions of Articles 4 and 4 below.
Article 3 °.
Prohibit the fractionators from offering on sale land located in the fractionations referred to in this law without having sufficient supply of clean running water and electrical power supply installations, all of which shall be justified by the documentation emanating from the institutes concerned, which approves the facilities.

Article 4 °.
Construction of electrical power supply installations shall be required whenever the UTE ensures that this service may be met within one year, computable from the date of the respective fractionation is to be sold. The fact that the supply of electrical energy is assured or not will be accredited by means of certification that will be issued by UTE.

Article 5 °.
The holding of promises of purchase and sale of such land without having complied with the provisions of the foregoing articles shall make the seller liable for a fine equivalent to the sale price, which shall benefit the buyer, who shall be the holder of the action, without prejudice to the other actions which may be assisted by such contracts.
The action shall be carried out in accordance with the procedure laid down in Articles 747 et seq. of the Code of Civil Procedure.

Article 6 °.
In those fractionations made after law N ° 10.866, of 25 October 1946 (Law of Poblates), in which the Departmental Governments have been obliged to provide the service of drinking water and electricity and the same would not have been carried out under the conditions laid down by that law and accepted by the municipal authorities, a withholding tax is created or (i) the cost of the levy is equivalent to the cost of the facilities for the respective service, intended to cover the costs of their installation.
Such a contribution shall be collected in a percentage equal to 50% (50%) of the quotas or balances at the time of the enactment of the present law. The banks, offices and private directors, will carry out such a retention that will be poured into the account that the respective departmental councils will open and control in the Bank of the Eastern Republic of Uruguay, which will be called " Fund. for the supply of drinking water and electricity in the Barrio N ° ... ".

Article 7 °.
It will be exempt from that contribution that the vendor disregards the execution of the works that will build the necessary facilities and put the service into operation, in a whole according to the directives given in this law, within one hundred and twenty days, counted from the date of their promulgation.
OSE and UTE shall monitor compliance with the provisions of the foregoing paragraph and shall give the respective Council Departmental.

Article 8 °.
In the event of non-compliance with the provisions of Articles 6 and 7, the Departmental Councils shall proceed to take over the entire quota, constituting an executive title for such purposes. they are issued by the communal executive authorities.

Article 9 °.
Except for the provisions of this law:

A) Fractionations in balneary areas and in non-permanent room areas, as stated by the competent authority.

B) Fractions to be carried out for the purpose of the universal transfer of goods by succession, provided that the number of solar cells does not exceed the number of coherends.

These exceptions shall not, however, govern the fulfilment of the obligation provided for in the following Article
.
Article 10.
In any subdivision of land within the scope of this law, and where the property consists of an area of more than three hectares, the operator shall obtain the determination of the areas necessary for the site of future sub-stations and to OSE the determination of the areas necessary for the placement of the water installations, areas both that will be foreseen in the fractionation and ceded free of charge in the time that those bodies determine it.

Article 11.
The Bank of the Eastern Republic of Uruguay should be empowered to grant a credit of up to 5 million pesos (5 million pesos) to Sanitary Works of the State and the Geological Institute of Uruguay to the (i) the effect of the fact that, in the event of the expiry of the period of 20 days referred to in Article 7, the work on the supply of drinking water can be initiated immediately.
The repayment and payment of the interest on this loan shall be met with the retention as set out in Article 6 of this Act.
Article 12.
Commune, etc.



Chamber of Sessions of the Chamber of Senators in Montevideo, 14 September 1966.

MARTIN R. ECHEGOYEN,
President.
Jose Pastor Salvanach,
Secretary



    MINISTRY OF THE INTERIOR.
      MINISTRY OF PUBLIC EDUCATION AND SOCIAL SECURITY. MINISTRY OF PUBLIC WORKS.
        MINISTRY OF FINANCE.

Montevideo, September 20, 1966.



Comply, acknowledge receipt, communicate, post and insert into the National Register of Laws and Decrees.

By the Council:

HEBER.
NICOLAS STORACE ARROSA.
JOHN E. PIVEL DEVOTEE.
ANGEL COTELO CEDRES.
DARDO ORTIZ.
Modest Moral Burgos,
Secretary.



línea del pie de página
Montevideo, April 1998. Legislative Power.