Author Topic: MASA Fined  (Read 1435 times)

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Offline Bunny

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MASA Fined
« on: December 28, 2017, 22:07. »
I imagine a lot of you already know about this, but for those that don't...

http://aquiensantapola.com/masa-debera-pagar-cuatro-millones-euros-concepto-plusvalias/

Offline John H

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« Reply #1 on: December 29, 2017, 13:50. »
Thanks for sharing Bunny, well done to our new mayor for chasing this, the four million euros will come in very useful I'm sure.........I wonder how much will be spent on GA?
One wonders why our old friends who used to pose for lots of photos never chased this???????????

Regards all

John
"If you always do what you've always done, you'll always get what you've always got."

Offline petercs

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« Reply #2 on: December 29, 2017, 14:26. »
I know I should how to, but can anybody provide a translation please?

Peter

Offline John H

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MASA Fined
« Reply #3 on: December 29, 2017, 14:38. »
Here you go petercs.

MASA MUST PAY FOUR MILLION EUROS IN CAPITAL GAINS
A recent ruling dismisses the company's resources and gives free rein to the city of Santa Pola to collect a debt more than 13 years ago

María Luisa Caballero - WRITTEN ON DECEMBER 27, 2017, 8:00 A.M. 15 MINS
This year the Magi have arrived in advance to the town hall of Santa Pola. Neither by land nor by sea, those of the East have come in the form of a judgment of the Contentious-Administrative Tribunal.

Historical debt
A ruling recognizes the City Council's right to charge
No less than four million euros, including interest, will bring the Magi to the city of Santa Pola on behalf of the Courts. A few million that will swell the municipal coffers thanks to the ruling that recognizes the City Council's right to collect a debt from the promoter MASA on account of the capital gains obtained by the concessionaire of the land in the CJ-5 sector, in Gran Alacant .

The ruling in question dismissed the appeals that the company filed through administrative litigation against the City Council, where he requested the nullity of the agreement signed with the Consistory, alleging an unjust enrichment by the City Council.

«The debt of MASA was an economic loss to the municipal coffers» (Yolanda Seva)
The mayor, Yolanda Seva, explained that "the City Council is pleased that justice has finally reached us the reason to claim the historical debt held by the promoter Masa con el consistorio. And by extension, the town of Santa Pola. It is clear that this debt would be susceptible to constitute an economic loss to the municipal coffers, which is why we requested that the debt that had never been claimed by the former former mayor of the Popular Party be paid. "

For years no one claimed the debt for capital gains
In all possible ways the new Government Team, led by the Socialist Yolanda Seva, tried to collect a debt that the promoter had pending since 2004 and, as the mayor says, nobody had claimed so far.

Sentence in favor of the City Council
Thus ends a long process that began when the new Government Team arrived at the Town Hall, after the municipal elections of 2015. There they found an agreement signed between the City Council, which then governed the popular Miguel Zaragoza, the mercantile and the AIU'Ciudad Jardín of Sector 1 of the CJ-5 of the PGOU of Santa Pola`.

With the signing of this agreement the City assumed the obligation to process a modification of the PGOU to increase the density of the sector which would give more capacity to build the construction company.

With the agreement in hand, the merchant could build 1,272 more homes that would be added to the 956 giving a total 2,228. At the time, it committed to enter the City Council the total amount of 6,010,121.04 euros, as public participation in the capital gains generated by the increase in housing.

But it seems that one thing is what is signed and quite another what is done. From 2004 to 2015, and according to the report issued by Intervención, only the company has paid a deposit of 2,550,000 euros, leaving the rest pending.

Years later, already in 2012, the Monte and Mar Santa Pola SL (this mercantile substitutes subversion to the AIU) requests the modification of the agreement of Sector 1 of the CJ5, so that the amount of the outstanding debt is reduced, claiming a decrease in the sale of homes. However, this request had not been resolved.

Claim the debt
However, with the PP outside the municipal government, the new municipal representatives were not willing to ignore a single euro, so the Local Government Board of July 24, 2015 required the merchant to pay the amount pending of the agreement, according to a report that concluded the full validity and enforceability of the urban development agreement, and therefore of the debt.

The company, which would not even remember that outstanding payment after 11 years, turned to this Court in December 2015. And this was the start of a negotiation between the Town Council and the construction company that has been long and tedious. A tug of war in the course of which both parties had to leave aside some of the initial claims. All in pursuit of reaching an agreement that would finally satisfy both parties and put an end to an issue that had already dilated too much in time.

As a result of this negotiation, the working sessions between the City Council and the construction company culminated with the formalization of the minutes dated January 26, 2016 signed by both parties, an agreement taken three days before the Municipal Plenary. In it they express their agreement and acceptance of the validity of the agreement, the inexistence of grounds for nullity of the same and the waiver of the remedy of reinstatement filed by the merchant at the request for payment, as well as the modification of the previous agreement of offering the adequate guarantees.

New Agreement
The points of the new Town Planning Agreement and Compensation of Capital Gains of Sector 1 Cj5 of the PGOU of Santa Pola contemplated that the amount pending payment, on January 26, 2016, would amount to 3,460,121.04 euros, amount guaranteed by the report of the municipal architect. A reduction that they defend due to the price variation experienced in the real estate market during the last eight years.

The modification of the agreement was made so that the payment of the capital gains would be more beneficial for the mercantile, under the excuse of the crisis and reality of the real estate market.

In cash or in kind
The 2016 agreement allows the merchant to pay in cash or in kind
In addition, the postponement / split of the payment of the amount resulting after the reduction is approved, as well as the acceptance of payment of part of the resulting amount through the transmission of certain properties (commercial premises) in favor of the City Council.

Given that the previous agreement did not contemplate neither maximum term nor debt maturity date, on this occasion it avoids committing the same error and establishes as the maximum term for the payment of the amounts established, with no possibility of any extension, that of eight years since the signing of the new agreement, in such a way that expired this term (March 2024) the City would initiate the opportune procedure of apremio in reclamation of the amounts that, in his case, were pending of payment.

The City of Santa Pola was not willing to let go of any of the succulent mouthfuls, so he left everything tied and tied. It established that payments, total or partial, will be made preferably in cash. Although it also left open the possibility of admitting payments in kind, through the transfer of real estate (land, buildings, etc.).

To guarantee payment, the Monte and Mar de Santa Pola SL merchant credited the Consistory mortgage on some of its farms, until reaching the amount of 3,220,400.00 euros.

Breach of the construction company
The company violates the agreement by not withdrawing judicial resources
Through the signing of the new agreement it was clear that the will of the Corporation was to collect the debt and thus avoid the economic loss that would result from the loss of this sum of money. However, the company did not withdraw the contentious-administrative appeals against the City Council, requesting the nullity of the agreement signed.

And it has now been, in December of 2017, when the decision to appeal 382/16 of the company against the nullity of the agreement signed, dismisses it. The ruling also dismisses for the company the appeal 673/16, with regard to the nullity of the agreement and declaration of unjust enrichment by the City Council.

The Plenary of the City of Santa Pola, on December 18, 2017, gave an account of the resolution of this ruling and also failed to be mayor of the PP at the time when it was allowed not to charge to MASA the amounts owed to the City Council .

Motion of public disapproval
In councilor not assigned, Ignacio Soler, presented a motion of disapproval on the former Mayor Miguel Zaragoza that will be treated in the January plenary. The argument is as follows: "He has been deliberately lying to his party, the people of Santa Pola and the Municipal Plenum, since the beginning of the legislature. We must remember how he went to the municipal elections, being charged with environmental prevarication in the process related to the operation of the activity "Lucca pier".

In this reprobation refers in particular to the case Masa: "From the beginning has lied about the debt that the promoter has with the town of Santa Pola MASA, under an agreement signed between the parties. The outstanding debt of 3.5 million euros was uncollected and, with the attitude maintained by the previous corporation, would have ended up prescribing, causing a serious economic loss to the municipal coffers ".

In his statements, Soler affirmed that on the part of the previous government boards presided over by Zaragoza "debt was never claimed nor was a payment schedule established with the company, as was its obligation. The payments that were made, were of their own motive on the part of the aforementioned merchant, as evidenced by the income made by this company before and after the final approval of the Point Modification No. 45 of the PG "

Intervention report
The non-attached councilor recalled an intervention report of January 2012 in which he demanded the adoption of the debt collection deadlines indicating that "the delay may harm the economic interests of the City Council, not being assured the effectiveness of your payment for the beneficiary of the use. When the date of entry is not signed and notified. Making difficult the follow-up of the debt by pressing procedure and its accreditation before other creditors ".

"We can not forget that in modern times democratic regeneration and transparency are fundamental; as well as the renewal of the image of the worthy work of public representatives in order to recover the confidence of citizens. This renewal implies the denunciation, rejection, eradication and sanction of behaviors like those of Mr. Zaragoza Fernández ", concludes Ignacio Soler in his petition for reprobation exposed to the Plenary of the Corporation that will be studied this month and that will surely generate a heated debate.


Regards all

John
"If you always do what you've always done, you'll always get what you've always got."

Offline Bunny

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« Reply #4 on: December 29, 2017, 16:19. »
 ;D I was about to do just that John!  it really is magic eh, google translate?

Offline John H

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« Reply #5 on: December 29, 2017, 16:36. »
 It’s brilliant Bunny, a couple of clicks on the top of the page and hey presto
Clever stuff

Regards all

John


Sent from my iPhone using Tapatalk Pro
"If you always do what you've always done, you'll always get what you've always got."

Offline petercs

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« Reply #6 on: December 29, 2017, 18:16. »
John

Thank you, it will be interisting to see if MASA pay this amount, and, if not , will they continue to be allowed to build on s..t hill

Peter

Offline mike and judith

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« Reply #7 on: December 29, 2017, 20:56. »
 2 points from this.
Firstly, since it's GA that has experienced the increase in volume of development, you could be forgiven for thinking any revenue the council receives might be spent in or around GA.
Secondly, will they pay?
Doubt both the above, but time will tell.

Offline bertdove

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« Reply #8 on: January 01, 2018, 23:03. »
"You may think that..."