Portal de Caravaca de la Cruz
www.portaldecaravaca.com
23.02.12.
The High Court has upheld in part an appeal by the City of Caravaca de la Cruz to the judgment of the Administrative of Murcia on the swap contract with the Union Temporal de Empresas (UTE) Caravaca.
The Supreme Court exempts the Consistory to pay the fees of technical projects of works considering that these are included in the offer of companies and their cost, which is set in almost one million euros, runs both on account of the UTE.
Also, the City maintains full ownership of the land of the current football field "The Morao" and the sun once acquired by the joint venture for the new stadium.
Thus, the High Court modified the judgment of the Administrative of Murcia last July in which it accepted all the tenets of the UTE.
The City shall pay the works actually executed by the Joint Venture Company, whose total cost is set at 5.8 million euros.
This amount corresponds to the value of projects undertaken: reform of the Gran Via, track and field sports complex in El Salvador, building a garden on Avenue of the Constitution and the new swimming pool.
Also are in favor of the 0.6 million companies admitted to the local authority in respect of improving the contract and the cost of land for the new football field at the site of "The 3 Carrasquicas" which would become municipal property.
If these lands are settled, the total amount to be paid to the joint venture would be around 7.5 million euros, a figure similar to that operated by the City in negotiations prior to trial.
In relation to the case of joint venture should be recalled that in 2006, a coalition of companies, formed by construction Villegas, Trimtor Guifersol, won a public competition, offering works for approximately 15 million euros in exchange for the transfer the grounds of the football pitch for housing.
The joint venture carried out approximately half of all the actions reflected in the agreement, creating serious financial problems for the continuity of the rest of the works fixed in the contract.
In 2009 the companies requested the termination of the swap entered into with the City Council, requesting that he pay all expenses, including financial, of the actions taken, and he was released from the obligation to comply with the remaining work.
The City has welcomed the agility of the Supreme Court in sentencing, allowing progress in the process of solution of this process.
Also, municipal legal services study the possible interposition of an extraordinary appeal to the Supreme Court in defense of the swap agreements as a means used by many municipalities for project implementation.
The ruling dismisses some arguments of the joint venture and collect the intention from the beginning has been paying the consistory of work actually performed.
The Mayor has called an extraordinary plenary session to address the situation and possible solutions.
Source: Ayuntamiento de Caravaca de la Cruz
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