NCORPORATION OF THE TERM OF OTERO DE SARIEGOS TO VILLAFÁFILA 1972

1) March 16, 1964, the General Directorate of Local Administration of the Ministry of the Interior authorized the Civil Government to initiate a file for the incorporation of the City Council of Otero de Sariegos into one of the neighboring municipalities, beginning with said management center, taking into account that the municipality had only 97 inhabitants in the 1960 census (which was reduced to 59 in the 1965 census rectification and continued the decline in the following years). These efforts were interrupted pending the measures adopted in the Tierra de Campos Development Plan.

2) February 3, 1966, almost all of the then residents of Otero de Sariegos submitted in writing requesting incorporation into Villafáfila, alleging in summary the following:

Functional dependency (doctor, veterinarian, pharmacy, town hall secretary and court).

Commercial relations in full with Villafáfila.

Family and social ties and greater coexistence with the neighborhood of Villafáfila.

Less distance to Villafáfila.

Larger properties in the hands of the residents of Villafáfila and Otero (three quarters) than in the hands of the residents of Villarrín and more extensive.

Otero's neighbors cultivated more farms in the municipality of Villafáfila than in Villarrín.

Cañadas and common paths which led to suppose an old segregation of Villafáfila.

3) March 22, 1969, the Civil Government of Zamora and before the non-application of the Decree of economic and social development of Tierra de Campos, restarted the processing of the incorporation file, directing an official letter to the General Directorate of Local Administration.

4) April 9, 1969, the General Director of Local Administration addressed an official letter to the Civil Government of Zamora ordering the initiation of a Voluntary Incorporation File for Villafáfila, fundamentally based on the expressed will of the residents, which implied the advantages of the voluntary procedure of incorporation, as opposed to the ex officio, which would have to be followed in the case of incorporation to that of Villarrín, and which should be reserved for truly exceptional circumstances, also based on the existence of a Group for the maintenance of the Secretary of the Town Hall common with Villafáfila. On April 26, 1969, the Civil Government of Zamora addressed the City Council of Otero de Sariegos in this regard.

5) May 5, 1969, the then Mayor of Villarrín de Campos interested, by means of a letter directing the Civil Governor, the incorporation of Otero de Sariegos into this municipality, alleging, in summary, that of the 995 arable hectares of Otero de Sariegos 637 were owned by residents of Villarrín, extremes that he does not prove.

6) Once the file was initiated, the dissenting attitude of the then Mayor of Otero de Sariegos was expressed, who expressed his preference for Villarrín, as evidenced by the official letter he sent to the Civil Government dated July 14, 1969, although the majority position of the neighbors in favor of the incorporation to Villafáfila, exactly 88% of the residents. Said attitude of the Mayor gave rise to the remission by the neighbors of writings in number of 27 with the content that is reflected in the one that we attach, by way of example, as Document nº 14, opposing the position of the Mayor and alleging particular interests of the same.

7) Despite this, on July 4, 1969, the Otero City Council agreed to join the Villarrín City Council, with two votes in favor, one abstention and one absence of its four members. Contrary agreement, as we have seen to the will of the neighbors and considering null, as we will see later for having been adopted without the legally required majority. A certification of said agreement is attached, at this point it is necessary to remember that the mayors were not then democratically elected, but appointed, so that said agreement lacked any representative legitimacy and was adopted against the will of the neighbors (who today would also be voters).

8) On October 12, 1969, the City Council of Villafáfila convened an extraordinary session in which the incorporation of Otero de Sariegos was accepted by acclamation, said agreement being published in the Official Gazette of the Province of Zamora on September 3, 1969, and no resolution was formulated. claim or any opposition, by unanimous agreement of the Plenary Session of the Corporation on December 15, 1979, the incorporation was definitively accepted, sending the corresponding file to the Civil Government of Zamora in January 1970.

9) Subsequently, on January 17, 1970, a report was issued by the now defunct Provincial Service for Inspection and Advice of Local Corporations, in favor of the incorporation, by the Delegation of the Ministry of Finance, in the same sense, Civil Guard, Provincial Headquarters of Health that even states that the incorporation to Villarrín would cause disorders to health care, President of the Provincial Court, who criticizes the Corporation of Otero de Sariegos for opposing without consistent foundation and Provincial Council of Zamora, reporting, therefore, in favor of the incorporation.

10) The Edict of the Civil Government is published in the Official Gazette of the Province of Zamora on March 13, 1970, with a term of fifteen days to formulate allegations, none being formulated.

11) However, and simultaneously, the City Council of Otero de Sariegos, through an Agreement of March 15, 1970, which was adopted without a legal quorum, in the absence of one councilor and the abstention of another, initiated the File of Incorporation to the City Council of Villarrín , which was the subject of allegations by the City Council of Villafáfila, Said allegations were silenced by the City Council of Otero de Sariegos, for which said City Council was required by the Civil Government, so that it understood said claim, which it did expressly in session of January 18, 1971, dismissing the allegations with the abstention of one of the three councilors.

12) December 14, 1970, the Civil Government of Zamora decreed the annulment of both files. The reports that had been issued in the first of them are reproduced, contradicting some of the bodies that had previously declared in favor of Villafáfila, reports that were, this time of the following tenor: The Inspection Service declares itself in favor of Villarrín in base to be the core selected by the Campos Land Plan; The Provincial Court does not decide in favor of any of them but considers it more convenient to incorporate Villarrín; The Treasury Delegation does not pronounce itself in favor of one incorporation or another "indifferent"; The Delegation of Education, in favor of Villarrín; Civil Guard in favor of Villarrín; The Health Delegation does not see any advantage to the incorporation to Villarrín;

Finally, in September 1971, the Civil Government of Zamora issued a report, which, although it proposes the incorporation to Villarrín, considers either of the two solutions acceptable, considering the incorporation to one or the other City Hall indifferent, since the objective is the incorporation to another bordering a municipality that no longer had reasons for subsistence. 13) Finally, the Ministry of the Interior issued DECREE 2052/72, of July 17, approving the Incorporation of the Municipality of Otero de Sariegos into that of Villafáfila, published in the Official State Gazette on July 26. July 1972 and the Official Gazette of the Province of Zamora on August 7, 1972, and a resolution of the file was sent to the Civil Government of Zamora dated September 7, 1972, basing said resolution,

These are two municipalities that, in addition to bordering, are close and well connected and that maintain numerous common services.

That the incorporation would provide numerous advantages to both.

That the agreements of the City Council of Otero were in favor of maintaining the independence and subsidiarily of incorporation into Villarrín, but that it was invalid due to the lack of a favorable vote of two thirds, since of the three attending members only two approved the incorporation and the other attending member did not speak, so two-thirds of the required quorum was not exceeded.

That the reports issued by the administrative bodies do not follow a fixed and unique criterion, favorably informing both incorporations.

14) Finally, the incorporation was carried out on September 19, 1972, in an extraordinary session on said date, suppressing, as a consequence of all this, and by means of an Agreement of March 28, 1974, the Brotherhood of Farmers and Ranchers of Otero de Sariegos integrating itself in that of Villafáfila.

BO of the E.—No. 178 28 July 1972 13417

DECREE 2052/1972, of July 13, which approves the incorporation of the Municipality of Otero de Sariegos to that of Villafáfila, in the province of Zamora.

Taking into account the concurrent economic and administrative circumstances in the Municipality of Otero de Sariegos, it was agreed to initiate proceedings for the incorporation of said Municipality to the Villafáfila border, both in the province of Zamora.

Subsequently, almost all the residents of Otero de Sariegos went to the Civil Government of Zamora requesting the incorporation of their. Municipality to that of Villafáfila, motivated by its small population, limited economic capacity and the proximity and good relations between the two Municipalities.

During the process of hearing the interested Town Councils, Villafáfila agreed, with the legal quorum, to accept the incorporation of Otero de Sariegos into its Municipality. Otero de Sariegos considered it more convenient to incorporate its Municipality into that of Villarrín de Campos, also in the province of Zamora, in agreements adopted without the legal quorum. For its part, the Villarrín de Campos City Council accepted, with the legal quorum, the incorporation to yours of the Municipality of Otero de Sariegos.

Legally substantiated the processed files, which were accumulated due to their intimate connection, show that the agreements adopted by the City Council of Otero de Sariegos to incorporate its Municipality to that of Villarrín de Campos have not been with the quorum required in article three hundred and three of the current Law of Local Regime, and the existence of the notorious Reasons of economic and administrative convenience required by article fourteen, in relation to article thirteen, section of said Law, which advise the incorporation of the Municipality of Otero de Sariegos to that of Villafáfila.

By virtue of it, in accordance with the opinions issued by the General Directorate of Local Administration and by the Permanent Commission of the Council of State, at the proposal of the Minister of the Interior and after deliberation by the Council of Ministers at its meeting on July 7 one thousand nine hundred and seventy-two.

I HAVE:

First article. —The incorporation of the Municipality of Otero de Sariegos to the border of Villafáfila, in the province of Zamora, is approved.

Second article. — The Ministry of the Interior is empowered to dictate the provisions that compliance with this Decree may require.

This is how I order it through the prosee Decree, issued in Madrid on July thirteenth, nineteen hundred and seventy-two.

FRANCISCO FRANCO

The Minister of the Interior,

TOMAS GARICANO GOÑI

22892 22 - December 1972 to BO of E.—No. 308

ORDER of December 12, 1972 by which the abolition of the Justice of the Peace of Otero de Sariegos (Zamora) is agreed.

Ilmo. Mr.: Having seen the file instructed for the suppression of the Justice of the Peace of Otero de Sariegos, as a consequence of the incorporation of your municipality to that of Villafáfila (Zamora).

This Ministry, in accordance with the proposal made by the Governing Chamber of the Supreme Court and taking into account the provisions of the first base of the Law of July 19, 1944, has agreed to abolish the Fish Court of Otero de Sariegos and its incorporation to the same class of Villafáfila, which will be in charge of the documentation and file of the Justice of the Peace suppressed.

What I say to VI for your knowledge and other purposes

God keep VI for many years.

Madrid, December 12, 1972.

ORIOLE

Ilmo. Mr. General Director of Justice.

Author:

Jose Luis Dominguez Martinez.

Incorporation of Otero de Sariegos to Villafáfila 1972.

https://villafafila.net/oteroanexo/oteroanexo.htm

Bibliography:

José Nafría Ramos - Lawyer

Incorporation of Otero de Sariegos to Villafáfila 1972.

opinion

Subject: Alteration of the municipal term through segregation and incorporation of part of the Municipal term claimed by the City Council of Villarrín de Campos.

Commissioner: City Hall of Villafáfila.

Zamora, September 1996.

DECREE 2052/1972, of July 13, which approves the incorporation of the Municipality of Otero de Sariegos to that of Villafáfila, in the province of Zamora.

https://www.boe.es/boe/dias/1972/07/26/pdfs/A13417-13417.pdf
 

ORDER of December 12, 1972 by which the abolition of the Justice of the Peace of Otero de Sariegos (Zamora) is agreed.

https://www.boe.es/boe/dias/1972/12/22/pdfs/A22892-22892.pdf

Photography:

Jose Luis Dominguez Martinez.

Transcription and Assembly:

Jose Luis Dominguez Martinez.

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