Page:British and Foreign State Papers, vol. 144 (1952).djvu/360

 necessary that this be requested by at least 10 per cent. of the residents of the portion of territory that it is sought to separate. and that, at a referendum election, 60 per cent. of the voters of said part express their conformity with the separation.

If the result of the referendum is favourable to the application presented, the matter shall be referred to Congress for its definitive resolution.

When the new territorial boundaries are fixed, and the division of properties is made, the right of private ownership of the assignor Municipality shall be respected as to any properties acquired or constructed by it on the portion separated, without prejudice to recognising, in favour of the Municipality receiving it, the proportional part to which it is entitled for whatever it contributed for the acquisition or construction of said properties.

Whenever it is a case of the formation of a new Municipality, it shall be the function of the Tribunal of Accounts to report as to its economic capacity for the maintenance of its own government.

211. The Municipal Government is an entity with powers to satisfy the peculiar collective needs of the local society and it is also an auxiliary body of the central power which the Nation exercises throughout all of the national territory.

212. A municipality is autonomous. The Municipal government is vested with all the powers necessary to resolve without restriction the affairs of the local society.

The faculties which are not vested in the Municipal Government by this Constitution are reserved to the National Government.

The Nation can act for the Municipality, when the latter’s action is inadequate, in case of epidemic, serious public disturbance or other motives of general interest, in the manner determined by law.

213. The Municipal Government shall especially:

(a) Furnish all local public services; purchase, construct and operate public service enterprises, or render said services by means of a concession or contract, with all guarantees established by law; and acquire, by expropriation or by purchase, the properties necessary for the purposes indicated. It can also operate enterprises of an economic character.