The spokesperson for Coalición Canaria in the Tías City Council, Amado Vizcaíno, has presented this Monday, April 20, two separate writings requesting the official review of the agreement plenary that approved last March 26 the Third Plan for Modernization, Improvement and Increase of Competitiveness of Puerto del Carmen, considering that the file drags irregularities of enormous gravity expressly warned in the reports of the Municipal Secretariat and Intervention.
Vizcaíno, has underlined that the document was approved “despite an unfavorable report from the secretary which is very clear in pointing out that it is appropriate to report unfavorably on the file”, and has warned that the Corporation cannot proceed with a procedure “when the file itself is incomplete, defective and full of doubts about its legality”.
The nationalist councilor has remarked that one of the most serious aspects is that the file incorporates documentation that cannot be considered a valid report, but “a draft report from the Government of the Canary Islands”, which in his opinion further aggravates the legal uncertainty of the procedure.
The CC councilor states that the Secretary's report records that “the file is incomplete” and that the urban agreements included “lack the mandatory documentation”, a circumstance that Coalición Canaria considers especially serious given that it is a planning instrument of this magnitude.
Furthermore, Vizcaíno points out, the secretary warns of a “lack of legal basis and motivation,” as well as that the proposal “does not duly justify or motivate” neither the plan itself nor the delimitation of its territorial scope.
For Coalición Canaria, these deficiencies are not mere formal defects, but substantial flaws that compromise the validity of the agreement adopted by the plenary. The nationalist group insists that the City Council cannot validate an urban plan of these characteristics with a file that does not meet the minimum guarantees required by law.
Vizcaíno has placed the emphasis on one of the most serious warnings included in the report: the reference that “acts and provisions contrary to the pronouncements of the judgments, which are issued with the purpose of evading their compliance, will be null and void by full right”.
In that same vein, the secretary recalls in his report that the previous modernization plan for Puerto del Carmen "was declared null," which obliges, according to Coalición Canaria, to extreme legal rigor and avoid any attempt to reproduce actions already judicially questioned.
“We are facing a very serious matter. One cannot continue as if nothing happened, because there is a very clear judicial precedent and because the Secretary's own report warns of risks of nullity. The City Council has the obligation to stop, review and correct,” the nationalist spokesperson pointed out.
Intervention Objections
Coalición Canaria also highlights the doubts expressed by Intervención, which warns that it will be necessary to have budgetary provision to be able to execute the investments and expenses foreseen in the plan, and that even suggests that the figures for capital gains, income and costs are not sufficiently justified in the file.
The Intervention report also points out that it is not clear how certain relevant economic figures of the plan have been calculated and that it is not understood why some revenues are imputed in year zero, when they should occur successively as the actions progress.
For Vizcaíno, this lack of economic precision “demonstrates that the project has been processed with more haste than rigor, without a solid legal or financial basis”.
The spokesperson of Coalición Canaria has also criticized the doubts that the file itself raises about the management assignment, the hiring of the editor and the possible use of minor contracts in an inappropriate way.
The secretary warns that it is not accredited that the City Council has competence for certain activities, nor that the required efficiency reasons concur, nor that the commission does not conceal services typical of a contract. Furthermore, he reminds that “a contract may not be split with the purpose of decreasing its amount and evading” the award procedure.
“There are too many unanswered questions. There are doubts about the competence, about the contracting, about the financing and about the legal architecture of the plan itself. And when a file concentrates so many alerts, the responsible thing to do is to stop, not to look the other way,” Vizcaíno has stated.
In its writings, Coalición Canaria requests that the legality of the plenary agreement be examined and that its ex officio review be promoted, understanding that the file presents irregularities that affect essential elements of the procedure.
Likewise, the nationalist group asks that the responsibilities that could arise be determined and that the file be fully submitted to the competent supramunicipal bodies for their analysis.
“What we ask for is elemental: legality, rigor and respect for technical reports. The future of Puerto del Carmen cannot be built on an incomplete file, with an unfavorable report from the Secretariat and with very serious doubts from Intervention”, concludes Vizcaíno.
