The council considers that this legal backing allows them to continue advancing in the defense of the general interest and, at the same time, work on a new agreement that guarantees the public use of the gardens and provides stability and legal certainty to all parties. The consultative body concludes that the agreement approved in 2010 was processed as a convention when, due to its legal nature, it should have been formalized as an onerous patrimonial contract. Likewise, it notes the absence of essential procedures and reports, including the economic appraisal of the acquired right and the necessary technical, legal, and financial control reports to assume long-term economic commitments by the City Council.
Furthermore, during the validity of said agreement, the Mutxamel City Council has allocated nearly three million euros of public resources to actions, investments, and maintenance work in Peñacerrada, a circumstance that requires acting with the utmost responsibility, transparency, and legal certainty.
The mayor of Mutxamel, Rafael García Berenguer, stated that “the opinion of the Consell Jurídic Consultiu confirms the need to continue with this procedure to guarantee the legality and correct defense of Mutxamel's general interests. The City Council initiated this review after the analysis of the main municipal agreements carried out by the General Secretariat, which had already warned of possible grounds for nullity in this agreement. Subsequently, a report prepared by a lawyer specializing in historical heritage reached the same conclusion and recommended reviewing the current agreement to provide full legal certainty to the relationship between the parties”.
As the mayor highlighted, “the opinion of the Consell Jurídic Consultiu now supports the work done and confirms that there were sufficient legal grounds to promote this procedure. This review responds exclusively to the institutional responsibility of the City Council to correct possible inherited irregularities and ensure that any agreement affecting municipal heritage and public resources is based on fully legal and secure foundations.”
The Mutxamel City Council will continue working to ensure that residents can continue to enjoy the gardens of Peñacerrada, one of the most emblematic spaces in the municipality. With this objective, the council is holding conversations with the owning family to move towards a new agreement that will consolidate the public use of the gardens with legal certainty and institutional stability.
Likewise, García Berenguer pointed out that “the City Council maintains its total willingness to continue advancing in conversations with the owning family with the aim of reaching a new agreement, balanced and beneficial for all parties. Our priority is that the residents of Mutxamel can continue to enjoy the gardens of Peñacerrada, and we will continue working to achieve a stable solution that guarantees their public use in the future.”
The municipal objective is to reconcile the defense of the general interest, the protection of public resources, and the maintenance of the use and enjoyment of the gardens of Peñacerrada by the citizenry, ensuring a solid and legally secure solution for future generations.
