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.........   Frequently asked questions: termination of port concessions of PG I, PG II and SNPG   .........

Frequently asked questions: termination of port concessions of PG I, PG II and SNPG

NB : This translation is only for information, only the French version is binding

 

During the City Council of September 28, 2021, elected officials deliberated to terminate the port concessions. Find here a set of questions / answers because the challenges of changing the management method must be known to all and our services are therefore at your disposal.

 

When will this termination be effective?

The end of the concessions will take place on January 1, 2022

 

What will change for port users?

Mainly, it is the contact person for the users who will be changed. It will no longer be one of the three current delegates, but a single point of contact who will manage the entire port.

The aim of the takeover is to maintain the philosophy that founded Port Grimaud and allow owners to enjoy a boat in front of their homes.

Finally, for users of the municipal port, nothing will change, since it is the municipality that has been managing this service since 2009.

 

What will be the future mode of management?

By deliberation of the municipal council of November 9, 2021, elected officials have chosen municipal management as the future mode of management of the port.

The advantages of such a scenario are as follows:

  • consistency of service and better asset management;
  • respect for the principle of equal treatment of users before the public service (by distinguishing between situations on legally founded bases);
  • the monitoring of a single service, that is to say a simplification in terms of control and for a better efficiency of the objectives set by the budgets and the realization of the necessary investments;
  • economies of scale associated with the consolidation of the service;
  • the possibility of choosing at the end of this transitional period, either to keep the management, or another mode of management if this proves to be appropriate, such as a dedicated company or to draw up specifications to designate a single concessionaire at the end of a competitive process. This first phase of in-house management will ensure the competitiveness of the service in a competitive environment.

The public port service will thus be operated through a control agency with simple financial autonomy.

Thus, the governance is integrated into the legal personality of the Municipality and most of the powers are retained by the deliberative assembly of the community.

As a reminder, the term "management" covers several cases which should be distinguished given the specific situation:

  • the agency with only financial autonomy, hereinafter referred to as "autonomous agency" (articles L.2221-11 et seq. of the CGCT): financial and accounting operations are the subject of a budget annexed to that of the Municipality.
  • the management with legal personality and financial autonomy hereinafter referred to as "personalized management" (article L.2221-10 of the CGCT): it requires the creation of a public establishment of an industrial and commercial nature which has its own board of directors and its budget.

It is the autonomous management which was voted by the elected municipal officials.

 

Will the price of lease change?

In theory, the port’s user now pay, as part of the public service delegation, the fair price of the service. The documents provided by the condominiums do not display a clear lease price. If the current price respects the legal clauses of the specifications, the price paid by users should not be rushed. Today, the lease is paid as part of the condominium call charges. The result is an amalgamated management between "Port and condominium " which does not allow the costs and income resulting from the sole operation of the port structures to be properly isolated and therefore to know with precision the equilibrium price of the service. It is for this reason that the municipality has given notice to the current concessionaires to produce all the documents necessary to restore this accounting balance.

From January 1, 2022, the users will pay the part related to the use of the port to the port manager and the part related to the co-ownership of Port Grimaud directly to the managing association (in theory less the management costs of the port. port which will no longer be his responsibility, except for the common parts).

 

Will I have to change my boat's place?

The maintenance of the creative philosophy of Port Grimaud " have the boat in front of the house " will be maintained in compliance with current legislation. Thus there will be no change of place for boats respecting the specifications of the leasing contract. All contracts currently in force will respect their legal end, there will be no termination. For the particular case of long-term farm-out contracts, the term of which coincides with that of the concession, consultation with the municipal services and the farmee is provided to extend the period of use. In all cases, the issuance of a long-term occupancy right will be sought.

 

Will I have to give access to my garden to allow free access to the berths?

No. What affects the private property rights of individuals will not be changed by the end of the concession.

 

Why did the municipality terminate the three concessions?

As the end of the concessions approached (2025 or 2028 depending on the contracts), the concessionaires had to submit an interim report to prepare for this deadline. This report was not prepared by the delegates, and the municipality therefore took over from them. The conclusions of the audit show very different management methods between the three delegatees, a lack of consultation between local actors and instability of governance for one of the concessionaires. As a result, the concessionaires present themselves above all as assemblies of co-owners and have difficulty understanding what a concession is (example: the problem of the silting up of the port’s entrance which is the subject of a major disagreement between dealers). It is therefore following these elements that the elected officials chose to terminate the contracts for a reason of general interest.

In addition, the uniqueness of the pot and its future management will make it possible to deal in a coherent and homogeneous manner with the issues common to the three current entities, for better quality of service and significant economies of scale.

 

Will the town hall pay compensation to the co-owners?

Compensation in the context of a termination of a service delegation mainly corresponds to the amount of non-depreciated investments

 

What will change for the Port staff?

Taking over the Port automatically involves taking over the staff working for the public service delegation. As of January 1, the employer will no longer be one of the three union associations but the new manager of the water plan. The conditions of the employment contract will not be changed.

 

What will change for the providers of Port Grimaud?

It is the new manager who will take over the contracts signed by the former delegates. Orders, for all commitments made by them under normal conditions, will be honored and any signed work and investment will be continued.

 


 

 

 

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