Este lunes en la Corte de Apelaciones terminó favorablemente para la Municipalidad de San Felipe juicio interpuesto por empresa Estacionamientos San Felipe s.a. por el abrupto terminó del contrato de construcción de los estacionamientos subterráneos en el centro de la ciudad, rechazándose devolución de boleta de garantía por $500 millones. (Foto: Alcalde Patricio Freire y abogado Jorge Jara)
En junio de 2013, luego de constatar que la empresa concesionaria no había cumplido con la renovación oportuna de una boleta de garantía, el Concejo Municipal en pleno, presidido por el Alcalde Patricio Freire, votó el cese anticipado del contrato, dando lugar a una serie de acciones judiciales por parte de la empresa, que buscaba revertir esta medida.
El asesor jurídico de la Municipalidad, Jorge Jara, explicó que la entidad edilicia ya el 2016 había ganado la demanda interpuesta por la empresa Estacionamientos San Felipe s.a. determinando los tribunales que el término anticipado del contrato se ajustó a derecho.
Pero la empresa había solicitado no obstante el fallo en mención, había solicitado que se les restituyera boleta de garantía por 500 millones de pesos; “pero esa solicitud fue rechazada en primera instancia y la empresa había presentado un recurso de apelación, el cual este lunes fue visto y alegado en la Corte de Apelaciones de Valparaíso, siendo rechazado por unanimidad de la sala.”
Con este pronunciamiento, según el abogado Jara, culmina y se cierra definitivamente el juicio por el termino anticipado del contrato de construcción de los estacionamientos subterráneos en el centro de San Felipe; “y digo esto porque el caso no tiene instancia para la Corte Suprema, porque como se trata de una resolución incidental no concurren los requisitos que la Ley prevé para la posibilidad de tramitar un recurso de casación. De tal manera que este lunes se cerró definitivamente el capitulo judicial entre la Municipalidad y la empresa Estacionamientos San Felipe s.a.”
Celebro la tramitación hecha por esta administración, en el sentido de haber caducado el contrato nefasto de los estacionamientos subterráneos.
Para complementar esta decisión, deberían emular lo hecho por el alcalde de Recoleta y eliminar el cobro de todo tipo de estacionamientos.
El cobro de estacionamientos es irregular, ya que las calles son bienes de uso público.
Los bienes de uso público son de dominio de todos los chilenos y su uso nos pertenece a todos y no puede ser comercial. Por esta razón, nadie puede utilizarla como si se tratase de propiedad privada cobrando por su uso.
Si bien es cierto, el municipio percibe por este concepto la suma de 17 millones mensuales; no es menos cierto que ese dinero sale del bolsillo de la misma gente.
Se añoran los tiempos cuando uno se estacionaba en cualquier parte autorizada y no aparecían los cobradores y acomodadores de estacionamientos.
Debido al aumento explosivo del parque automotriz, tenemos que en horas punta, se arma una congestión vehicular insoportable.
Por esto sugiero que en las calles críticas, se prohiban los estacionamientos (especialmente en las alamedas).
Último juicio que gana la Muni de San Felipe, ahora que contrataron de abogado al ex alcalde de Los Andes Mauricio Navarro, que cara de raja
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