On 28/12/2010, the Town Hall of Pratdip and the Consell Comarcal del Baix Camp signed an agreement entrusting the regional entity (via Secomsa Aigües SL) with the administrative management of the drinking water service for the urbanisation Planas del Rey (Planes del Rei). The invoices are issued in the name of the Town Hall, which remains responsible for the service, while the material execution is delegated.
1) Parties and date
- Date: 28/12/2010 (Reus).
- Parties: Consell Comarcal (President Josep Masdeu Isern) and Town Hall of Pratdip (Mayor Josep Muntané i Vidal), assisted by their secretaries.
- Legal basis: Legislative Decrees 2/2003 and 4/2003 (Catalonia), Law 7/1985 (Local Regime Bases), Decree 179/1995 (ROAS), Law 26/2010 (Catalonia), Consolidated Text on Water (DL 3/2003), etc.
2) Purpose of the agreement
- Meter reading for the subscribers of Planas del Rey (Planes del Rei).
- Quarterly billing and collection (payment slips, control lists, management of unpaid bills).
- Sanitary control (disinfection, analyses – compliance with RD 140/2003).
- Management of the Water Canon (preparation and submission of information to the ACA – direct payment by the managing entity).
- Replacement of 30 meters (renewal due to age; other replacements billed according to unit prices annexed).
Important: the text does not provide for the maintenance/renovation of the network (pipelines, reservoirs, pumping stations). It mainly organises the administrative and basic sanitary management.
3) Territorial scope and applicable regulations
- Scope: urbanisation Planas del Rey (Planes del Rei).
- Regional regulation: application of the Regional Water and Sewerage Regulation (BOP Tarragona n°133, 10/06/2010); if there is a municipal regulation, its effectiveness is suspended during the delegation.
4) Tariffs, billing and settlement
- Tariffs: application of the 2011 municipal tariffs (Annex 2 – annual economic study prepared by the managing entity).
- Costs included: electricity and maintenance of the “Les Sorts” well (amounts determined annually by the Town Hall).
- Periodicity: quarterly billing for elapsed periods.
- Settlement: amounts collected transferred to the Town Hall 135 days after invoice issuance, deducting the managing entity’s invoiced costs.
5) Price of the management service (Secomsa Aigües)
- Annual amount: 35,518.62 € + VAT 18% (rate at the time of signing), billed quarterly.
- Revision: from January 1, 2012 and annually thereafter, based on the Catalonia CPI (floor: never lower than the previous year).
6) Duration, renewal and termination
- Initial term: from the billing of the 1st quarter of 2011 until the 4th quarter of 2011.
- Renewal: tacit for successive annual periods.
- Termination: by either party with 3 months’ notice before each expiry date.
7) Data protection
- Controller: Town Hall of Pratdip; Processor: Secomsa Aigües (limited access to necessary files, use in accordance with Town Hall instructions and contract purposes).
8) Jurisdiction and amicable settlement
- Litigation: competent contentious-administrative jurisdiction.
- Before litigation: mixed commission for amicable settlement of disputes.
9) Practical consequences
- Invoices in the name of the Town Hall: formal responsibility remains municipal, operational management is delegated.
- Financial burden: the cost of the service is passed on to the subscribers (owners of the urbanisation).
- Water quality: disinfection and self-controls in compliance with RD 140/2003.
10) Limits and points of concern
- Lack of network maintenance: the agreement does not cover infrastructure maintenance (pipelines, reservoirs, pumps), nor their upgrading.
- Dependence on regional regulation: suspension of municipal regulation during the delegation (normative hierarchy to be monitored).
- Settlement delay (135 days): cash flow impact for the Town Hall, offset by the managing entity’s cost invoice.
- Tariff revisions: attention to the annual economic study and indexation (CPI) – floor without decrease.
