The Association de Vecinos Les Planes del Rei (AVPR SOS Planas), with its address for notification purposes at c/ Clavel nº 9, Urbanización de Planes del Rei, Pratdip (Pratdip – Tarragona), NIF GSSSS4307, acting in the name and on behalf of its members, PRESENTS THE FOLLOWING PETITION:
1. On the execution of the TSJ ruling of 21/06/2016.
As is well known, this local public administration was notified on January 10, 2018, by the Administrative Court No. 1 of Tarragona of the ORDER dated 12/12/2017 regarding the execution of the ruling of the High Court of Justice of Catalonia (TSJ) of July 21, 2016, declaring that the Urban Conservation Entity of Planes del Rei is dissolved as of that date.
According to Town Hall Decree 53/2016, compliance with the above-mentioned decision was ordered, although the administrative situation of Planas del Rei remained the same as before the ruling.
And as indicated in Article 195 of Decree 305/2006 of July 18, which approves the Urban Planning Law Regulation on the dissolution of collaborative urban entities, the dissolution was agreed upon, and the governing body of the entity is to be transformed into a liquidation body to settle debts, collect outstanding income, and distribute the remaining assets. Since the Town Hall has not acted accordingly, the situation will therefore be reported to “other” competent urban administrations to ensure compliance with the decision, regardless of the legal responsibilities of the Town Hall.
2. On the nullity of the agreements signed with the Urban Entity of Planas del Rei.
The judicial dissolution of the Urban Conservation Entity of Planas del Rei renders null and void the existing agreements which, at the request of the Town Hall, continue to be executed, determining their invalidity and the transfer of responsibilities to the Town Hall:
d) Agreement of February 19, 2010 between the Pratdip Town Hall and the Urban Conservation Entity of Planes del Rei concerning work supervision and redevelopment.
3. Compliance by the Town Hall with judicial rulings.
Although binding court rulings have forced the Pratdip Town Hall to manage garbage collection, running water, and drinking water services, the treatment station has not been operational since early 2018, resulting in a deficient water service for residents, with constant water cuts — facts that have been reported to the Investigating Court No. 4 of Reus on duty.
For all these reasons, we request:
That this petition be submitted and it is agreed that:
- The effective and actual dissolution of the Urban Conservation Entity of Planes del Rei be carried out in accordance with the Urban Planning Law.
- The nullity of the agreements related to the payment of debts, the collection of outstanding revenues, and the distribution of remaining assets be declared due to the lack of legal and administrative validity of the former entity.
- The proper, effective, and efficient assumption of public services by the Town Hall be monitored.
Association de Vecinos Les Planes del Rei (AVPR SOS Planas)