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July 31, 2010Amended

Authorize the AMDC to Obtain Financial Resources from Loans from the National Financial System to Any Credit Entity

Congreso Nacional

  • Decree: 70-2010
  • Published: July 31, 2010
  • Issuing body: Congreso Nacional
  • Gazette: 32,278
  • Category: Financial & Tax

Summary

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This decree authorizes the Municipal Government of the Central District to obtain loans of up to 835 million lempiras from national and international banks to improve roads and streets in the capital. The money will be managed through special funds overseen by professionals and civil organizations to ensure it is used correctly for road infrastructure projects.

Considerations

That it corresponds to 70-2010 Decrees: To authorize the Municipal Mayor's Office of the Central District to obtain economic resources from loans from the National Financial System or any international credit entity that operates legally in Honduras, for an amount of up to EIGHT HUNDRED THIRTY-FIVE MILLION LEMPIRAS (L.835,000,000.00). A. 1-2 Municipalities the preparation of the Municipality's development plans.

That in accordance with the Law of Municipalities, it is an obligation of the municipalities to construct and maintain public roads.

That the road network of the Municipality of the Central District constitutes one of the greatest patrimonies of the capital's inhabitants, therefore it is necessary to create mechanisms that ensure its maintenance, conservation and expansion.

That to ensure the maintenance, conservation and expansion of the road network of the Municipality of the Central District, it is necessary to provide sufficient economic resources on a permanent basis and efficient and transparent administration procedures.

That there currently exist communication routes pending completion and others, whose maintenance must be carried out on a periodic basis, the Municipal Government being responsible, with the corresponding resources, for carrying it out.

That all obligations contracted by public entities beyond a Government period must have the approval of the National Congress.

That it is the responsibility of the National Congress to create, decree, reform, interpret and repeal laws. 74-2010 Decrees: MUNICIPAL ADMINISTRATIVE CAREER LAW. A. 3-16 Section B Legal Notices B. 1-8 Available for your convenience

Amendments

Articles

Article 1.-

Authorize the Municipal Mayor's Office of the Central District to obtain economic resources from loans from the National Financial System or any international credit entity that operates legally in Honduras, up to the amount of EIGHT HUNDRED THIRTY-FIVE MILLION LEMPIRAS (L.835,000,000.00).

Article 2.-

The funds obtained shall be allocated exclusively for works such as grade-separated passages, works for improvement of the Paved and Unpaved Road Network, stone paving, brick paving, related minor works and others of similar nature that benefit the road infrastructure, road organization or urban mobility of the Municipality of the Central District, and only allocated to the Road Network in case of destruction by any act of nature.

Article 3.-

The funds to be provided for the road network of the Capital City shall be administered through the creation of one or more specially constituted trusts. In order to verify the destination of the funds, all disbursements from loans shall be overseen by a Supervisory Board, which shall be composed of:

  • 1)

    A representative of the College of Architects of Honduras;

  • 2)

    A representative of the College of Civil Engineers of Honduras;

  • 3)

    A representative of the Chamber of Commerce and Industry of Tegucigalpa;

  • 4)

    A representative of the National Anti-Corruption Council;

  • 5)

    A representative of the Capital 450 Project; and,

  • 6)

    A representative of the Boards of Governors of Tegucigalpa and Comayagüela.

Article 4.-

Authorize the Municipality of the Central District so that both the existing trust, as well as the contracts executed in the implementation of the programs and projects of works derived from it, may be extended and transcend their effects beyond the current Government period, for a period of eight (8) years, counted from the day following the entry into force of this Decree.

Article 5.-

Authorize the Municipal Mayor's Office of the Central District to obtain financing for the period specified in the previous Article, negotiate the best financial interest rates in the market, and provide as guarantee and payment mechanism the income that come from and are collected from the road tax and any other income necessary to comply with the financing obligations. Likewise, the Municipal Mayor of the Central District shall execute the pertinent contracts following the procedures and regulations contained in the Municipal Budget Standards approved for Fiscal Year 2010, or under the oversight of the Supervisory Board indicated in Article 3 of this Decree.

Article 6.-

For the adequate control of the resources disbursed by virtue of this financing and its investment, the trusts that make payment for said works and services shall incorporate into their Technical Committee:

  • 1)

    A representative of the Municipality, who presides;

  • 2)

    A representative of the College of Civil Engineers of Honduras;

  • 3)

    A representative of the Taxi Stand Associations;

  • 4)

    A representative of the Boards of Governors; and,

  • 5)

    A representative of the Municipal Transparency Commission.

Article 7.-

This Decree shall enter into force as of the day of its publication in the Official Journal "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Session Hall of the National Congress, on the tenth day of the month of June of the year two thousand ten. ALBA NORA GÜÑERA OSORIO PRESIDENT, BY LAW RIGOBERTO CHANG CASTILLO SECRETARY GLADIS AURORA LÓPEZ CALDERÓN SECRETARY To the Executive Power. Therefore: Let It Be Executed. Tegucigalpa, M.D.C., June 11, 2010. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC The Secretary of State in the Finance Offices. WILLIAM CHONG WONG

Notes

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