On 28/12/2010, the Town Hall of Pratdip and the Consell Comarcal del Baix Camp approved an annex to the initial agreement, extending the framework of the exceptional and subsidiary management of drinking water in Planas del Rey (Planes del Rei).
This annex introduces, for the first time, maintenance and inspection measures of the network, entrusted to Comaigua SL.
1) Context and justification
- Ownership of the network: the internal water installations remain the property of the owners, never transferred or received due to their obsolescence.
- Limited municipal competence: the Town Hall cannot assume ordinary management until reparcelación and official reception of the urbanisation works are carried out.
- Legal framework: several rulings (2013, TSJC 2016) confirm the Town Hall has no ordinary competence; it acts only exceptionally and subsidiarily (art. 21.1.m of Law 7/1985).
- Financial burden: funding remains entirely with the owners of the private urbanisation.
2) New actions under the annex
- Surveillance, inspection and corrective maintenance of the network, 24/7 and 365 days/year.
- Installation of remote control and general meters (provided by the operator, billed to subscribers).
- Annual cleaning of water tanks.
These maintenance tasks are entrusted to Comaigua SL, as the specialised operator mandated by the Consell Comarcal.
3) Cost and financing
- Annual amount: 49,485.29 € + VAT.
- Breakdown: staff (20,367.73 €), tank cleaning (4,417 €), materials (17,875 €), general expenses (6,825.58 €).
- Billing: the cost is fully passed on to the users of Planas del Rey.
4) Duration and termination
- Duration: 1 year, expressly renewable annually.
- Early termination: possible unilaterally by either party with 3 months’ notice, or by mutual agreement.
5) Practical consequences
- No reception: the formalisation of the annex does not constitute reception of the urbanisation, not even partially.
- Minimum service: the intervention only aims to guarantee access to water as a basic service, without assuming full municipal responsibility.
- Owners’ burden: costs and investments remain borne by residents.
