5582, Loan Agreement between the Export-Import Bank of Japan and the Government of the Republic of Costa Rica, of March 11, 1974, and its amendments, are hereby amended. The texts shall read:
"Article 15.-To attend to the financing of the obligations referred to in this Law, in relation to the socioeconomic development of the Central canton of Puntarenas, a levy (gravamen) of forty United States dollar cents (US$0.40) is established per ton of cargo mobilized in the ports of the Central and Esparza cantons; said levy shall be paid directly to the Municipality of the Central canton of Puntarenas. Customs (la aduana) shall not process any policy (póliza) if the amount of the levy established in this Law has not been previously delivered to the Municipality, and it shall empower the latter to supervise the effective collection of this tax (tributo). The resources derived from the collection of this levy shall be incorporated into the budget of the Municipality and allocated in the following manner.
- a)Twenty-two percent (22%) distributed among the education boards (juntas de educación), preschool and school education centers, high schools (colegios), and public professional technical high schools (colegios técnicos profesionales) of the Central canton of Puntarenas, for the maintenance and construction of educational infrastructure and the purchase of furniture and equipment, including classrooms, libraries, school cafeterias, and the purchase of uniforms and school supplies, musical instruments for bands, and the purchase of computer and information technology equipment, and sports equipment.
- b)Four percent (4%) to the Municipality of the Central canton of Puntarenas, for the creation of a scholarship fund for students from all its districts, to pursue primary, secondary, or higher education studies. For this purpose, the Municipality shall form a commission to study each of the applications. The procedure for obtaining scholarships shall be defined by the Municipality, by regulation (reglamento). The funds allocated to these scholarships shall be distributed as follows: twenty-five percent (25%) for primary education, twenty-five percent (25%) for secondary education, and fifty percent (50%) for higher education studies.
- c)Fifty percent (50%) to the Municipality of Puntarenas, which shall be allocated for the following:
1. Paving (asfaltado), ballasting (relastreo), and maintenance of cantonal roads and bridges in all districts.
2. Construction and maintenance of sports facilities, land purchases, lighting, equipment, sports equipment, and transportation in the Central canton of Puntarenas. The Municipality shall allocate these funds in coordination with community sports committees and district councils (concejos de distrito).
3. Development projects proposed by the municipal district councils (concejos municipales de distrito) and the district councils, including rural aqueducts.
4. Purchase, maintenance, and renewal of vehicles and machinery necessary for the provision of service, construction, and maintenance of public works, including that required for garbage collection.
5. Athletes and sports teams representing the Central canton in national and international competitions, for operating and competition expenses. In order for these funds to be distributed, the beneficiaries must submit an annual budget indicating the costs and the competitions they are scheduled to attend. The funds allocated for the fulfillment of the purposes established in this subsection may not exceed five percent (5%) of the amount collected from the tax (impuesto) created in this article.
6. Purchase of specialized machinery for beach cleaning, its maintenance, fuels, and utensils. The amount allocated for these purposes shall not be less than four percent (4%) of the sum collected from the tax created in this article.
7. Purchase of medical implements, such as wheelchairs, hospital beds, prostheses, oxygen tanks, and other medical equipment, which shall be destined for persons who demonstrate their economic inability to acquire them; the purpose of this aid shall be temporary assistance. To achieve this objective, the Municipality shall form a medical commission that will study the applications submitted. For each case, the Joint Institute of Social Aid (Instituto Mixto de Ayuda Social, IMAS) shall conduct the socioeconomic study, and the Costa Rican Social Security Fund (Caja Costarricense de Seguro Social, CCSS) shall issue the technical opinions for each specialty.
The procedure for these applications shall be established by regulation, in which the medical criterion must prevail for the approval of applications. The funds allocated for the fulfillment of the purposes established in this subsection may not exceed two percent (2%) of the amount collected from the tax created in this article.
8. The purchase, installation, and maintenance of vertical road signage (señalización vial vertical) to promote tourist interest sites in the Central canton of Puntarenas, which shall be carried out in coordination with the ICT, the MOPT, and the Puntarenas Chamber of Tourism. The funds allocated for the fulfillment of the purposes established in this subsection shall not be less than one point five percent (1.5%) of the amount collected from the tax established in this article.
d. Two percent (2%) to the Casa de la Cultura of Puntarenas, for operating expenses, including remodeling, maintenance, conditioning, and purchase of equipment.
e. One percent (1%) to the Escuela de Enseñanza Especial of the city of Puntarenas, for infrastructure maintenance and construction and operating expenses.
f. One percent (1%) to the Colegio Universitario de Puntarenas, which shall invest it in the construction of facilities, classrooms, libraries, laboratories, and student residences, g. Ten percent (10%) to the Parque Marino, for infrastructure maintenance and construction and operating expenses.
h. One percent (1%) to the committees of the Costa Rican Red Cross of the Central canton of Puntarenas, for operating expenses.
i. Two percent (2%) to the Hogar Monserrat, for the construction and maintenance of the building, food, clothing, and school supplies.
j. Two percent (2%) to the Hogar Cristiano, for the construction and maintenance of the building, food, clothing, and school supplies.
k. Three percent (3%) to the non-profit nursing homes (hogares de ancianos) of the Central canton of Puntarenas, for the construction, expansion, and maintenance of buildings, food, rent, and medications.
l. One percent (1%) for the Diocese of Puntarenas, for the operating expenses of the El Buen Samaritano Group.
m. One percent (1%) for non-profit assistance centers dedicated to the prevention, treatment, and rehabilitation of alcoholics and drug addicts in the Central canton of Puntarenas. This percentage shall be distributed proportionally and equitably for the construction, expansion, and maintenance of buildings, food, rent, medications, and education.
The distribution of the allocations established in subsection a) of this article shall be made based on the student population of each educational center; for this purpose, the Municipality shall regulate the classification of educational centers according to the categories established by the Ministry of Public Education (Ministerio de Educación Pública, MEP).
The allocation established in subsection c) of this article shall be defined annually by the Municipality, according to the following process: the municipal district councils and district councils, by agreement of a simple majority of their members, shall prioritize and specify the projects that contribute to the generation or strengthening of productive plans that benefit the communities, and shall present to the Municipality, for its approval, the projects and works that will be financed with these resources.
The Municipality shall convene, once a year, the citizens of the respective canton, through the various means of communication, to obtain the collective opinion about the projects presented. For this purpose, the Municipality shall hold a public assembly to be held on a Saturday in the month of June each year, in a location of public access; said assembly shall be attended by the council members (regidores), district representatives (síndicos), and the municipal mayor or mayoress; minutes (acta) shall be drawn up recording the observations of the citizens of the canton who attend.
Subsequently, the Municipal Council shall define the allocation of resources, taking into account criteria of population, poverty, and geographical extension of each district; for this purpose, it shall consult the Ministry of Planning and Economic Policy (Ministerio de Planificación y Política Económica), and immediately thereafter shall include the corresponding projects in the annual cantonal Plan. The resources included in subsection c) above may not be used to cover salaries, nor to create new positions.
The Municipality shall publish in La Gaceta the necessary regulations to guarantee that the funds established in this article are allocated and used in accordance with the law.
The Municipality must render accounts annually, before the supervisory bodies of the State and before the communities of the canton, on the use and distribution of the resources established in this article and must publish the accountability report in a medium of national circulation.
For what is not provided for in this article, the provisions established in Article 4 of Law No. 7755, Control of Specific Items Charged to the National Budget, shall apply supplementarily." "Article 17.-To attend to the financing of the obligations referred to in this Law, in relation to the socioeconomic development of the canton of Esparza, a levy of twenty United States dollar cents (US$0.20) is established per ton of cargo mobilized in the ports of the Central and Esparza cantons; said levy shall be paid directly to the Municipality of the canton of Esparza. Customs shall not process any policy if the amount of the levy established in this Law has not been previously delivered to the Municipality, which shall be empowered to supervise the effective collection of this tax. The resources derived from the collection of this levy shall be incorporated into the budget of the Municipality and allocated in the following manner:
- a)Twenty percent (20%) to the education boards and public administrative boards (juntas administrativas) of the canton of Esparza, for the maintenance and construction of educational infrastructure and the purchase of furniture, equipment, and supplies for preschool, primary, and secondary education.
- b)Ten percent (10%) for school cafeterias of the educational centers of Esparza.
- c)Seven percent (7%) to the Municipality of the canton of Esparza, for the creation of a scholarship fund for preschool, primary, secondary, para-university, and university education. For this purpose, the Municipality shall form a commission to study each of the applications. The procedure for obtaining scholarships shall be defined by regulation.
- d)Fifty-nine point five percent (59.5%) to the Municipality of Esparza for the following:
1. The construction, paving, ballasting, and maintenance of cantonal roads and bridges in all its districts.
2. The maintenance and construction of sports infrastructure and the purchase of sports goods.
3. Development projects proposed by the municipal district councils and district councils.
4. The creation of a fund for the purchase of land intended for community activities.
5. The purchase and maintenance of machinery and equipment, including that required for garbage collection.
6. The purchase, installation, and maintenance of vertical road signage to promote the sites of tourist interest in the canton of Esparza, which shall be carried out in coordination with the ICT, the MOPT, and the Cámara de Turismo de Esparza. The funds allocated for the fulfillment of the purposes established in this subsection shall not be less than one point five percent (1.5%) of the amount collected from the tax established in this article.
- e)One percent (1%) to the committees of the Costa Rican Red Cross of the canton of Esparza for operating expenses, purchase, and maintenance of machinery and equipment.
- f)Two point five percent (2.5%) to the non-profit nursing homes of the canton of Esparza.
The distribution of the allocations established in subsections a) and b) of this article shall be made based on the student population of each educational center; for this purpose, the Municipality shall regulate the classification of educational centers, according to the categories established by the MEP.
The allocation established in subsection d) of this article shall be defined annually by the Municipality, according to the following process: the district councils, by agreement of a simple majority of their members, shall prioritize and specify the projects that contribute to the generation or strengthening of productive plans that benefit the communities, and shall present to the Municipality, for its approval, the projects and works that will be financed with these resources. The Municipality shall convene, once a year, the citizens of the respective canton, through the various means of communication, to obtain the collective opinion about the projects presented.
For this purpose, it shall hold a public assembly to be held on a Saturday in June of each year, in a location of public access; said assembly shall be attended by the council members, district representatives, and the municipal mayor or mayoress, and minutes shall be drawn up recording the observations of the citizens of the canton who attend.
Subsequently, the Municipal Council shall define the allocation of resources, taking into account the criteria of population, poverty, and geographical extension of each district; for this purpose, it shall consult the Ministry of Planning and Economic Policy, and immediately thereafter shall include the corresponding projects in the annual cantonal Plan.
The resources included in subsection d) above may not be used to cover salaries, nor to create new positions.
The Municipality shall publish in La Gaceta the necessary regulations to guarantee that the funds established in this article are allocated and used in accordance with the law.
The Municipality must render accounts annually before the supervisory bodies of the State and before the communities of the canton, on the use and distribution of the resources established in this article and must publish the accountability report in a medium of national circulation.
For what is not provided for in this article, the provisions established in Article 4 of Law No. 7755, Control of Specific Items Charged to the National Budget, shall apply supplementarily."