It thundered so much that it rained..!
The Mayor of Teramo D’Alberto must resign immediately out of respect for the citizens and the principles of good administration, having held a “NEGLIGENT CONDUCT” “CONTRARY TO THE PRINCIPLES OF GOOD FAITH AND PRIVATE RELIANCE”!!!.
In fact, the “D’Alberto-Teramo Model”, reiterating its inability to administer and plan, after having daily mortified our territory with works only announced and never started, with total abandonment of the city, its beauties and excellences, has exceeded himself and the insurmountable limits of correct administration in the matter, which ended with the TAR ruling of 27 March 2024, serious, harmful for the City and for the citizens and, above all, offensive to the principles that must standardize the activity and behavior of a public administration.
Starting from the premise, also due to my professional training, that if on the one hand it is right and correct to highlight how the sentence is not final as it can be challenged (be careful also from the private party!), on the other hand I cannot help but point out that it is very rarely witness such a clear censure by a Court in relation to the behavior of a Public Administration on documents and facts historically proven and not denied.
This is actually it the most serious point of the whole affair in which, beyond the enormous damage it has already caused to the citizens of Teramo for a sum of E,685,850.47 in addition to the legal costs, the further damage that it will inevitably cause and the delay that the carrying out of the works will suffer, the sentence stated openly and without any doubt the existence of an evident administrative activity “ILLEGITIMATE AS CONTRARY TO THE PRINCIPLES OF GOOD FAITH AND PRIVATE RELIANCE!!!”
So the splendid creators of the “D’Alberto-Teramo Model” presented to the Court a reconstruction of the facts completely denied by the TAR ruling, issuing, among other things, on 29 December 2023 the “ILLEGITIMATE MEASURE CANCELEDwhich caused the appellant economic damage WITH NEGLIGENT CONDUCT OF THE ADMINISTRATION”.
But the most disturbing and serious passage of the sentence in question is which now makes the permanence of this administration no longer sustainable is the one in which it is stated: “ the Board notes that the REVOCATION arranged by the Municipality of Teramo (note from the Municipality dated 29.12.2023) to your consent to the renewal of the concession of the premises (note no. 46851dated 12 July 2022) IT IS ILLEGITIMATE AS IT IS CONTRARY TO THE PRINCIPLES OF GOOD FAITH AND PRIVATE TRUSTbecause not willing ON THE BASIS OF FACTS SUPPLYING TO THE ABOVE-MENTIONED CONSENT BUT ON FACTS ALREADY KNOWN FROM THE MOMENT OF THE EXPRESSION OF THE SAME.” (16 May 2022, acceptance by the Municipality of financing with PNNR funds for renovation works of E. 9,769,760.00 based on a total project of E. 10,086,960.00) “WHEN THE MUNICIPALITY ITSELF ALREADY KNEW THAT THE ABOVE-MENTIONED RENEWAL COULD NOT BE GRANTED DUE TO THE UNAVAILABILITY OF THE PREMISES TO WHICH IT REFERRED AS THEY ARE INTENDED FOR A PUBLIC UTILITY FUNCTION” cultural declared by it!
So the Municipality of Teramo has knowingly committed itself with the Vero srl company, which assumed the preventive agreement in continuity before the Court of Teramo of the original LF contractor, authorizing with deed no. 46851 of 12 July 2022 on takeover of the contract with extension of the concession until 31 December 2023, with transaction authorized by the Court of Teramo on 5 September 2022, despite knowing its impossibilityhow incredibly confirmed right from the “VERY CLEAR ILLUSTRATIVE REPORT FROM THE DESIGNERS, attached to Municipal Council Resolution no. 215 of 23 June 2023 (approval of the feasibility study of the intervention) which acknowledges “OF THE CHOICE ALREADY MADE BY THE MUNICIPALITY TO USE THE ENTIRE SURFACE OF THE THEATER… INCLUDING SURFACES USED FOR COMMERCIAL OPERATIONS, FOR ITS TOTAL DESTINATION AS A PLACE OF CULTURE .. is that THE SAME WAS PRIOR TO THIS RESOLUTION AND DIRECTED THE CHOICE OF THE DESIGNERS..” (in the preliminary project).
The sentence, on this point, is lapidary: “WITH REFERENCE TO THE FAULT OF THE MUNICIPALITYthe College can only reiterate that HE WAS ALREADY AWARE OF THE RENOVATION PROJECT OF THE MUNICIPAL CINETHEATER FINANCED WITH STATE FUNDS TWO MONTHS BEFORE AGREEING TO THE EXTENSION AND RENEWAL OF THE CONCESSION,BUT HE RETAINED THIS CIRCUMSTANCE TO THE APPLICANT which, due to the design methods of the renovation, THEY MADE THE PERMANENCE OF THE APPLICANT’S COMMERCIAL ACTIVITY INCOMPATIBLE”.
Incredible and very serious!!
And according to the Mayor, faced with the very serious damages in question caused by the Municipality with the negligent behavior referred to in the sentence with which it withheld the truth of the situation from the company and the insolvency proceedings, the citizens of Teramo should wait until, as announced in his press conference on April 23rd, the mayor faced the very serious problem
story “with the maximum linearity and institutional serenity” and with “willingness to dialogue with the private party”??
Stop it!! It is also enough to overturn the meaning of things and facts, this time “told” not by “miserable” representatives of the opposition but by A JUDGMENT of an Administrative Tribunal!!
If the Municipality of Teramo believes it is right and contests the very heavy sentence of the TAR, it will have to challenge it without delay and without any negotiation with the private party; if the designers have declared something that is not true they will have to be sued by the Municipality for liability and other reasons; if the company contracting the works suffers delays and damages, the Municipality will have to compensate them.
To date, however, the only thing ascertained and declared is exclusively theserious fault and responsibility of the Municipality of Teramo which violated the basic principles of good administration towards citizens, private entities and the insolvency procedure!!
The Municipality of Teramo is no longer credible!
The Mayor, therefore, will have to do the first thing RESIGN YOUR RESIGNATION BY APOLOGIZING TO THE CITIZENS OF TERAMA AND COMPENSATING FULLY AND DIRECTLY THE VERY SERIOUS DAMAGES CAUSEDof course “maximum linearity and institutional serenity” And “desire to dialogue with the private party”….!!!!
In the meantime, I am preparing a complaint which I will be the first to send to the Court of Auditors.
Teramo and its citizens no longer deserve all this!!
CharAntonetti
Deputy Provincial Coordinator of Forza Italia
