The show begins, once again at odds, this time, with the theme in the background, the leaks from the St. Bartholomew Church of Xabia / Javea, the so hackneyed and worn leaks in the last decade, (in which we have seen posters and scaffolding placed to start its restoration, smoke) and the official announcement of the Ministry of Public Works, published in the BOE last day 19 -07-2017, provision 44598. Page 54036; and Order FOM / 1932/204, of September 30, BOE nº 256, of 22-10-2014. Page 85814.
Much tweet, much blah blah, but the house, I say the leaks without fixing, and the National Artistic Monument increasingly deteriorated, what end awaits you ...? … According to the publication of Xàbia.com, on July 31 and August 3, the Popular Group of MITown hall, has presented a motion to the plenary, requesting a subsidy to the Ministry of Culture for the rehabilitation of the Temple. According to the Popular Group of Xàbia, in Xàbia.com, it says that the government commission says that they are not entitled to make such a request.
The mess is served. I am not going to get into polemics, but I wonder what the aforementioned motion is about, what is its objective, it would make me very happy if our politicians would dedicate their time to useful things, and it is not that it is not useful to fix and restore the Church of St. Bartholomew of Xàbia, no, but this motion is not a solution to anything, neither now nor ever, with the current legislation it is not possible, they want to roll the skein without reaching anything more than the confrontation of politicians and also of the neighbors, In other words, an interested proposal, what revenues are sought? History repeats itself? Waste of time.
Not worth "Slander that something is", It is worth working well and for the benefit of all, that surely will be seen and rewarded, lies and shenanigans are paid dearly. So, making an analysis of this topic, I have come to the following conclusion: The announcement is from the Ministry of Development, 19.07.2017. (Not of the Ministry of Culture), provides, among other things that do not affect, the following:
FIRST.- Beneficiaries. The beneficiaries of these grants may be those Entities, public or private non-profit, holding the ownership Of a building that complies with the requirements established in Article 3 of the order of regulatory bases.
THIRD.- Regulatory Basis Order FOM / 1932 / 2014, from 30 of September, Which approves the regulatory bases for the granting of aid for conservation actions or enrichment of the Spanish Historical Heritage, from the resources coming from the public works financed by the Ministry of Public Works and by the Public Sector Entities dependent or Linked.
For its part, the Order FOM / 1932 / 2014, 30 of September, has in its articles:
FIRST.- Object of the aid. The purpose of the aid is to finance conservation or enrichment works
Of real estate of the Spanish Historical Heritage with the funds that are assigned by the Ministry of Public Works and its dependent or linked entities.
SECOND.-General requirements of the beneficiaries.
1 Any person or entity, public or private non-profit, may obtain the status of beneficiary of these grants, Holding the ownership Of a building that complies with the requirements established in the following article. Such condition may also be obtained by natural or legal persons, public or private non-profit which, Although they do not hold title to the property, they prove a transfer of use in their favor of the property for a minimum term of 50 years.
2. You will not be able to obtain the status of beneficiary as a result of these bases, the Ministries of Promotion and Education, Culture and Sport, nor the public organisms or entities attached to them.
3 They can not obtain the status of beneficiary of the aid regulated in these bases by natural or legal persons in whom any of the circumstances provided in article 13.2 of the 38 / 2003 Law, of November 17, General of Grants.
4. As a general rule, it will be the beneficiary of the aid that will assume the status of contracting authority of the works.
THIRD. Application requirements to real estate and actions.
1. These funds will finance those actions or projects that will be carried out on assets that meet the following requirements:
A) The assets on which the actions are carried out must be declared Cultural Interest Goods, Or have filed the corresponding file for their declaration, or enjoy an equivalent level of protection according to the regulations of application, or be included within a historical set and be specially cataloged by municipal planning.
b) They must be of public ownership. For these purposes, it is considered that public property belong to the Public Administrations, including both territorial administrations and autonomous agencies.
Will be excepted of this public ownership requirement:
1.º The actions that are carried out on goods for the That there is an assignment for public use duly registered in the corresponding Public Registry, for a minimum term of 50 years.
2º Actions carried out on properties included in the list of World Heritage (UNESCO), provided that, in the case of monumental groups, the building on which it operates enjoys the maximum protection; Or on real estate expressly included in the National Patrimony Plans approved by the Heritage Council.
c) They must be destined, at least for 50 years, to a public use of socio-cultural, tourist or public service character.
From the reading of the two articles, transcribed above, and referring to the beneficiaries, it is quite clear that the City Hall can not request it, therefore, IS NOT THE OWNER; However if you could and should strive to help administratively, and if possible and some regulations allow, also economically, but this is another matter. The parish priest of the parish of San Bartolomé de Xabia / Javea can not ask for it either. Who can apply?, And in my opinion should, Is the Archbishop, Who is the registered owner as it is said.
The motion as it stands is as they say in the village "Canyota fum or canyot", Waste of time, entangle, politicize and not advance in any direction and that is not the goal.
THE OBJECTIVE IS TO RESTORE THE CHURCH OF SAN BARTOLOME DE XABIA / JAVEA. UNAN EFFORTS AND DO NOT LOSE TIME. DO NOT MAKE CAMPAIGNS OF THIS MATTER.
You think.
ANTONIO SEGARRA SENDRA
Professor Mercantil- Lawyer
Bachelor of Administration and Management of Expresas.
