Law No. 13,261
GENERAL ADMINISTRATION OF THE
ELECTRICAL MACHINES AND THE
TELEPHONES IN THE STATE
ENTRUSTS THE REALIZATION OF A GENERAL PLAN OF WORKS COMPRISING THE CONSTRUCTION OF GENERATION PLANTS, TRANSMISSION SYSTEMS, DISTRIBUTION SYSTEMS, ETC.
The Senate and the House of Representatives of the Eastern Republic of Uruguay, meeting in General Assembly,
DECREE:
Article 1 °. Encomiendase a la Administración General de las Usinas Electricas y los Telefonos del Estado, the construction of the works detailed in article 2 °, according to the general guidelines of the preliminary draft prepared by U.T.E., and according to the final draft that it will prepare and submit to the approval of the National Council of Government, in whatever appropriate.
The works will be exploited and managed by the U.T.E. and will integrate their heritage.
Article 2 °. The works referred to in Article 1, shall be:
See the National Register of Laws and Decrees of 1964, page 605 and 606 (Official Journal 16897, took 235).
Article 3 °. The U.T.E. with the approval of the Executive Branch as appropriate, shall conduct the studies and works referred to in Article 2, in any of the following ways:
(a) By Public Tender;
B) By Bid Contest;
C) According to special international loan stipulations held by the Republic;
D) Through international government-to-government conventions;
E) By direct execution of your own repartitions.
Article 4 °. Authorize the Executive Branch to issue an Internal Debt for a nominal value of $4,096:740,000.00 (four thousand ninety-six million seven hundred and forty thousand pesos) to be denominated " U.T.E. Debt Increase "Capital for Power Plant Extensions", which will be used for the financing of the works indicated in Article 2.
This Debt will accrue an interest of 5% (five percent) annually payable quarterly, and a write-down cumulative of 1% (1%), also annual, payable semi-annually. The write-down will be performed on the bid when the pair is sewed; and by draw at the same time, when the pair are listed or above it.
The U.T.E. will reinstate the National Treasury 60% of the Services of Interest and Amorations of this Debt.
The U.T.E. will be able to use Debt Titles authorized by this law.
Article 5 °. Authorize the U.T.E. to arrange, with the approval of the Executive Branch, loans with National or Foreign Institutions, in national or foreign currency, in order to fully or partially finance the works referred to in Article 2.
With the exception of national currency loans that may be made, all other loans must be submitted by the Executive Branch to the final approval of the Legislative Branch.
Debt authorized by this law, will be reduced by a sum equal to the value in national currency of the loans to be contracted.
The service of Interest and Amorations of these loans shall be made with the general resources of the U.T.E., without prejudice to the provisions of Article 6.
The National Treasury shall reintegrate to the U.T.E., 40% of the Services of Interest and Amorations established in the previous paragraph.
Article 6 °. As long as the respective facilities, the payment of the Interest and the Depreciation of the Debt and the Loans do not come into operation, the funds from the Debt will be charged. In case of partial enablement of the facilities, the imputations to the funds coming from the Debt, will be made in relation to the capacity of the facilities not enabled.
Article 7 °. The U.T.E., may invest up to a maximum of 5% (five percent), of the items authorized for the works referred to in Article 2 °, in the costs of studies, projects, management and comptroller " The salaries, locomotion and road expenses charged to this Item may only correspond to the technical, semi-technical and administrative personnel, directly and exclusively for those tasks.
Article 8 °. The U.T.E., with the prior approval of the Executive Branch, may make transpositions among the amounts fixed for each work, as indicated in Article 2 °, when in the course of the execution there are deficits in the endowment of one of them, which can be absorbed with the economies of others.
Article 9 °. For the studies of the Works, which are included in this law, and for investigations relating to them, private property is subject to the following easements of general interest:
(a) "Study" comprised of free access to the premises, occupation for the time absolutely necessary to do recognitions and reliefs, the extraction of samples from the land, and the installation of camps for the accommodation of technicians and their assistants.
(b) "Temporary Occupation" for the recognition of the subsoil by means of surveys and drilling, installation of flow capacity stations, etc., comprising the placement of machines, the installation of temporary housing, the water intake necessary for the work and the personal consumption.
(c) "Step" for access to the camps from the public road through the most favourable points and in the necessary width for the transport or transport of the material needed for the work.
(d) "Grazing".
(e) "Landing" for aircraft available to the U.T.E. or to undertakings or persons engaged in or contracted with them, in areas close to the place where the Institution carries out studies for sites of Works, have built Usinas. The U.T.E. will determine the area in which tracks will be set; or take-off or landing direction usable in the required length and will close the area mentioned above. The surrounding properties will be subject to the easements laid down in the Aeronautical Legislation Code.
For the imposition of the "Study" easement, it will be enough for the technicians of the U.T.E. to display the document that accredits the identity.
The easements of "Temporary Occupation", "Step", "Grazing" and "Landing" will be imposed by the U.T.E. and shall be made known to the persons concerned or to whom they represent them by means of personal notification.
Article 10. The building property that is affected by the construction, monitoring and service of the transmission lines, as well as its additions and extensions, will be subject to the established easements in decree-law N °
10.383 of February 1943, as relevant.
Article 11. The damages caused by the easements laid down in the preceding articles must be the subject of compensation.
The person concerned may resort to the court of law The procedure for the fixing of the amount of the compensation and the procedure of the incidents (Articles 746 et seq. of the Code of Civil Procedure) shall apply.
Article 12. Declares of public utility, for the purposes of its expropriation, the properties affected by the reservoir to be created by the construction of the Usinuses or Hydroelectric uses referred to in Article 2 °, and the necessary for the execution of the main or complementary works, including accommodation, quarries, loan pits, places for deposits, access routes, transmission lines and substations of transformation, which will be timely designated by the U.T.E.
Article 13. For the expropriations referred to in the previous article, the rule of law number
9,722 of 18 November 1937, as far as relevant, shall apply. derogation from Article 14.
Article 14. For the appreciation of the highest value referred to in Articles 10 and below of Law No.
3,958of 28 March 1912, the respective valuations shall be rolled back the date of enactment of this law. This same date shall be taken into account for the purposes set out in Articles 29 and 31 of that law number
3,958.
Article 15. The benefits provided by law N °
11.777 of 20 November 1951 to the owners of the buildings affected by the Works indicated in the Article 2, provided that they have a possession by themselves or by their perpetrators not less than ten years prior to the date of enactment of this law.
Article 16. Exonerase of the payment of Customs duties, additional, surcharges, pre-deposits and other charges, to materials, machinery, apparatus, equipment, accessories, spare parts, construction plants of the works as referred to in Article 2.
The materials, machinery, apparatus, equipment, accessories, spare parts, construction plants and tools which the total completion of the works would not have been destroyed or spent by normal use, be re-exported, or, failing that, the construction companies, they must pay the customs duties and other taxes corresponding.
The U.T.E. shall certify the destination given to the materials, machinery, and other items imported by the regime established in the preceding incisings, and shall also guarantee, payment of the rights and taxes corresponding to those whose re-export does not occur.
Article 17. Exonerase of surcharges, prior deposits and all payment of Customs duties, additional, patents, port provements, fees, as well as consular fees or fees, and other charges, to the the importation of materials, machinery, equipment, apparatus, accessories, spare parts, articles and products that are introduced by the U.T.E. for the purposes of the Works referred to in Article 2 of this Law.
Article 18. The exemptions provided for in Articles 16 and 17 of this Law shall be granted in accordance with the rules provided for in Article 374 of Law No.
13,032 of 7 December 1961.
Article 19. The General Administration of Electrical Usines and the Telephone of the Esta shall take into account, in formulating its development plans, the generation of the electrical energy to be provided by the Hydroelectric Usina International del Salto Grande, on the Uruguay River, whose project was developed under the studies and advice of the Uruguayan Mixed Technical Commission-Argentina.
Article 20. Please delete all provisions that are opposed to this law.
Article 21. Commune, etc.
Chamber of Sessions of the Chamber of Senators, in Montevideo, on May 25, 1964.
MARTIN R. ECHEGOYEN,
President.
Luis N. Abdullah,
Secretary.
MINISTRY OF FINANCE.
Montevideo, May 28, 1964.
Comply, acknowledge receipt, communicate, post and insert into the National Register of Laws and Decrees.
For the Council:
GANNATTASIO.
RAUL YBARRA SAN MARTIN.
Luis M. de Posadas Montero,
Secretary.
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Montevideo, April 1998. Legislative Power. |
