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The concession as a means of managing municipal II

GRANTING MUNICIPAL MANAGEMENT AS A MEANS OF

II

By: Attorney Eduardo Lara Salazar

edularalaw@gmail.com

To be considered a grant proposal must be exhausted choice phase, which requires the Organic Law of Municipal Public Power (LOPPM, 2010) by tender.

However, the relevant legislation is called the Public Procurement Act (LCP, 2009), seeks to regulate contractor selection processes at all levels of public power and whose aim would be to restructure schemes established for the procurement, to regulate the activity of the state - in this case the City - as it pertains to the procurement of goods, services and execution of works to preserve public property, develop productive capacity and ensure transparency of the actions of the organs and entities subject.

The municipality is subject to compliance with that instrument, both in their bodies (mayor, city council, comptroller, municipal receivership, City Clerk, chronicler) as entities (foundations, associations, societies, associations), another related subjects, even when it is not itself a public entity, are the communal councils and other community organizations that receive financial or material resources of the State in all its manifestations. It is pertinent at this point to remember as a reference the contracts to the Organic Law of Public Administration (2008) on organs and public bodies.

About modes of selection of contractors, the LCP has planned the following:

Contest open is the modality of public selection of the contractor, in which individuals can participate and national legal foreign, subject to compliance of the requirements of the Act, its Regulations and the conditions inherent in the specification.

Contest Closed, contractor selection method in which at least five (5) Participants are invited in a special way to tender by the contracting authority or entity.

The Price Inquiry: the mode of selection of contractor, which, in a documented way, prices are consulted at least three (3) providers of goods, executing works or service providers.

direct contracting: This mode performs exceptional award the contracting authority or entity, which may be in accordance with the Act and its Regulations.

concesorio

The contract, following the LOPPM, should contain the following:

1. Period not exceeding twenty years.

2. Price that you pay the dealer for the rights granted by the Municipality grant and participation in the profits or gross income from the operation of the concession.

3. Performance security established by the concessionaire for the City and accepted by him, which will be updated periodically during the term grant.

4. Law of the Municipality to the temporary intervention of the service and take your benefit on behalf of the dealer in situations that were previously established.

5. Law of the municipality to periodically review the terms of the contract for adoption and technological improvements.

6. Right of revocation by the City without prejudice to compensation for the amount of unamortized investments in no case give rise to compensation for lost profits.

7. Free transfer to the municipality, free of liens, property, rights and shares for the grant, to extinguish it for any reason.

It should be recalled that for the city council the approval of the municipal concessions, as well as submission to control by the legislature, the city comptroller and the comptroller's office.

reader is suggested to take a look at some articles that I wrote called "From the Competition Council", "From Municipal Organization and Management", "The local planning council" or "Of the CLPP" " Tips Community as the organic law of 2009 "," Municipal Management Media "," The Social Control, "" City and Planning "," Municipal and Public Services "," City and Budget "," From the Municipal Finance, " Municipal Property, "" The Parish in LOPPM 2010 "," On the Media Participation "," Municipal and Public Procurement "among others, as published in www.eduardolarasalazar.blogspot.com and www.tecnoiuris. com (Municipal Law Legal Podium)

Another opportunity will touch on other aspects related to the topic.

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the concession as a means of managing municipal I

THE GRANTING OF MANAGEMENT AS A MUNIICPAL I

By: Attorney Eduardo Lara Salazar

edularalaw@gmail.com

The Award is designed , following Guillermo Cabanellas in his "Dictionary of Law Legal Elemental" (2004), as an act of sovereign authority which is given by an individual or company, called dealer, certain right or privilege to operate a territory or a source of wealth, providing a public service or the execution of works agreed.

For his part, Jesus Antonio García Ríos in his "Glossary of public utility regulation" (2008) defines it as a management contract whereby the state delegates temporarily in a private natural or legal person, or a state administrative body, the rights necessary for the provision of an activity that is itself declared a public service, at the risk of the concessionaire.

In both definitions can be interpreted that it is by state contracts with the concessionaire for the provision, operation, operation, organization or management, either in whole or in part, of a public service.

Authors such as Rafael Badell Madrid in his "Legal Regime of the concessions in Venezuela" (2002) indicates that the grant has the following characteristics: it is a bilateral, consensual, formal, expensive, commutative, temporal, upper hereinafter nominated main intuition personae, translative.

should not be confused with other figures such as authorization, permission, lease or society, because each one has its own definitions and characteristics, studied in Administrative Law, Commercial and Civil.

are the subject of the concessions were discussions on the issue of reservation or not the state of the activity subject to concession, since there is a sector that believes that individuals can not freely engage in economic activity their preference on the grounds that the constitutional provision establishing "limitations" of a legal, others believe that reservations must be expressed in the normative text. About this can be found doctrinal concepts from the likes of Allan Brewer Carias and Rafael Badell Madrid.

Municipality uses this figure to meet contractual with the many tasks that come from the Constitution assigned (1999) and developing legislation, examples are found in the Organic Law of Municipal Public Power (LOPPM, 2010), which includes it as one means of management, that - from the perspective of autonomy - can choose the one deemed most appropriate for the government and administration of its powers. The Law for Promotion of Private Investment under the Concession Scheme (1999), the Public Procurement Act (2009)

is common to find that contract with individual municipalities, submitting under the concession system, activities in public services such as public transport routes or services of cemeteries, both are municipal competences, for example.

Furthermore, the LOPPM establishes a set of requirements for granting them, like being a public service, time limited or fixed, warranties, reversal surgery, among others.

This does not close the possibility of the existence of municipalities with the ordinance which regulates various aspects regarding the goods or services.

The award has the advantage for the local area liabilities does not generate employment and other costs, despite the existence of intermediation, but which can be solved with the signing of securities (bonds) or trusts, as well as lowering costs of collective agreements to the City, generating more jobs direct and indirect workers, especially at the workers, are perceived and non-tax revenue, because it is a taxpayer who operates with a permanent establishment or fixed base in the municipality and other sums contract guidelines for various concepts, expand the basis of taxpayers to other tax administrations, as well as their collection, because it allows other levels have new or more assets that generate income taxpayers by the rentier classes of fields; citizen participation is encouraged, by allowing the direct involvement of citizens in public affairs of their community or others that can provide quality service ; interact with the various authorities of the local authority and tends to decrease populist practices; away the excessive discretion of officials and on to the regulated activity, used the latest technologies and cleaner, including equipment for the job.

reader is suggested to take a look at some articles that I wrote called "From Municipal Competition "," From the Municipal Organization and Management "," The local planning council "or" Of the CLPP, "according to their Community Councils Act of 2009", "Municipal Management Media", "The Social Control, "" City and Planning "," Municipal and Public Services "," City and Budget "," From the Municipal Treasury "," municipal property "," The Parish in LOPPM 2010 "," From Participation means, "City and Contracting Public "among others, as published in www.eduardolarasalazar.blogspot.com and www.tecnoiuris.com (Municipal Law Legal Podium)

Another time he touch on other aspects related to the topic.