Declaratory Determining Reversion to the Federal Estate of Real Estate Transferred to the Government of Mexico City

DOF: 21/03/2024

DECLARATORY determining that the real estate transferred to the Government of Mexico City via Donation and Transmission of Possessory Rights Contract number CD Y TDP reverts to the Federal Estate.

A seal bearing the National Coat of Arms appears on the margin, stating: United Mexican States.- TREASURY.- Ministry of

Treasury and Public Credit.- Institute of Administration and Appraisal of National Assets.- D.R.-021/2024.

DECLARATORY determining that the real estate transferred to the Government of Mexico City via Donation and Transmission of Possessory Rights Contract number CD Y TDP.- 2006 004 dated March 31, 2006, reverts to the Federal Estate.

VÍCTOR JULIÁN MARTÍNEZ BOLAÑOS, President of the Institute of Administration and Appraisal of National Assets, a decentralized administrative body of the Ministry of Treasury and Public Credit, based on the provisions of Articles 1, 2, fraction I, 17, 26, 31, fractions XXIX and XXX of the Organic Law of the Federal Public Administration; Articles 2, fractions II and IV, 29, fractions I and XV, 93, second paragraph, 94, second paragraph, and 101, fraction IV of the General Law of National Assets; Articles 4, Section G, fraction V, 48, and 49 of the Internal Regulations of the Ministry of Treasury and Public Credit; Articles 1, 3, fraction X, 4, fraction I, subsection a), and 6, fractions XXVI and XXXIII of the Regulations of the Institute of Administration and Appraisal of National Assets; deem it appropriate to issue this declaratory, taking into account the following:

CONSIDERATIONS

FIRST.- That by Presidential Decree published in the Official Gazette of the Federation on January 28, 1998, the real estate forming part of the federal estate, which had been used by the Ministry of Health to provide services to the population in primary care units, hospitals, administrative offices, warehouses, and auxiliary services, was deincorporated from the public domain regime of the Federation. The then Ministry of Comptrollership and Administrative Development was authorized to donate them on behalf and in representation of the Federal Government to the Government of the State where they are located, so that they would continue to be used for the same purpose.

SECOND.-

That via Donation and Transmission of Possessory Rights Contract number

CD Y

TDP.- 2006 004, dated March 31, 2006, registered in the Federal Public Property Registry under Real Folio numbers 1740/1, 36278/1, 36276/1, 44682/1, 25351/1, 36308/1, 34140/1, 34129/1, 22132/1,

34143/1, 20771/1, 34171/1, 37778/1, 3419/1, 34205/1, 3772/1, 1743/1, 38427/3, 36349/1, 34137/1, 38423/1,

38409/1, 36356/1, 38260/1, 36318/1, 38262/1, 1739/1, 34142/1, and 90178 dated June 28, 2006, the

Federal Government formalized the transfer actions of real estate in favor of the Government of

Mexico City, granting the free donation of ownership and the Transmission of Possessory Rights

of 62 real estate properties, under the commitment to dedicate them to the provision of public health services and

inherent activities.

THIRD.- That on May 29, 2023, the

"Decree reforming, adding, and repealing various provisions of the General Health Law to regulate the Health System for Wellbeing" was published in the Official Gazette of the Federation, which stated verbatim:

" ...

Article 7.- ...

For the purposes of the preceding paragraph, Health Services of the Mexican Institute of Social Security for Wellbeing (IMSS-BIENESTAR) will collaborate with the Ministry of Health regarding the free provision of health services, medicines, and other associated supplies required by people without social security, within the framework of the Health System for Wellbeing referred to in Title Third Bis of this Law, for the purposes specified in this Law.

...

Article 18.- ...

The Federation, through the Health Services of the Mexican Institute of Social Security for Wellbeing (IMSS-BIENESTAR) and in accordance with applicable legal provisions, will propose the celebration of coordination agreements with the governments of the federal entities regarding the provision of services referred to in fractions II and II Bis of Article 3 of this Law.

Article 19. The Federation and the governments of the federal entities, in accordance with applicable legal provisions, will contribute the material, human, and financial resources necessary for the operation of general health services, which fall within the coordination agreements and conventions celebrated for this purpose, in accordance with the preceding article.

...

Article 77 bis 6. Health Services of the Mexican Institute of Social Security for Wellbeing (IMSS- BIENESTAR) and the federal entities may celebrate coordination agreements for the execution of the

free provision of health services, medicines, and other associated supplies for people without

social security.

...

Article 77 bis 35.- The decentralized public body Health Services of the Mexican Institute of

Social Security for Wellbeing (IMSS-BIENESTAR) is the Mexican State health institution

responsible for the free provision of health services, medicines, and other associated supplies for the

comprehensive care of persons who do not have affiliation with social security institutions, in the

case of concurrence with the federal entities, independent of the health services provided by other

public or private institutions.

...

FOURTH.- In order to contribute to the free provision of health services, medicines, and

other associated supplies required by people without social security, the Government of Mexico City

celebrated a Coordination Agreement establishing the form of collaboration in matters of personnel,

infrastructure, equipment, medicines, and other associated supplies, for the free provision of

health services, for people without social security, with the Ministry of Health, the Mexican Institute

of Social Security, Health Services of the Mexican Institute of Social Security for Wellbeing

(IMSS- BIENESTAR) dated June 15, 2023 (Coordination Agreement), having as its object to establish the

commitments to which the parties will be subject for the transfer, published in the Official Gazette of the

Federation on August 25, 2023.

FIFTH.- That contract number CD Y TDP.- 2006 004, dated March 31, 2006, in its third clause established, verbatim, the following: "IN THE EVENT THAT 'THE DONEE' DOES NOT USE

THE REAL ESTATE OF WHICH OWNERSHIP IS TRANSFERRED TO IT, DEDICATING THEM TO A USE DIFFERENT

FROM THAT PROVIDED IN THE COORDINATION AGREEMENT REFERRED TO IN DECLARATION I.3, WITHOUT

PRIOR AUTHORIZATION FROM THE MINISTRY OF PUBLIC FUNCTION, OR IF IT CEASES TO

USE OR NEED THEM FOR A PERIOD OF TWELVE MONTHS, THE REAL ESTATE WILL REVERT PHYSICALLY AND

LEGALLY, WITH ALL IMPROVEMENTS AND ACCESSIONS, TO THE FEDERAL GOVERNMENT'S ESTATE."

SIXTH.- That via letters numbers JGCDMX/014/2024 and JGCDMX/028/2024 dated February 14

and March 12, both of 2024, the Head of Government of Mexico City informed that that City has determined that the 77 real estate properties attached in annex 1 of this declaratory are no longer necessary, since according to the reform to the General Health Law, IMSS-BIENESTAR will plan, organize

and direct actions for the free provision of health services, medicines, and other associated supplies,

in the Federal Entities that have celebrated a Coordination Agreement.

SEVENTH.- That inasmuch as Mexico City will not require using the real estate subject to this declaratory for the purposes for which they were transferred in the contract described in the

Second Consideration and in the Decree indicated in the First Consideration, the cause for reversion

provided for in the third clause and Article 3 of the referred instruments, respectively, has been triggered,

in concordance with the second paragraph of Article 93 of the General Law of National Assets.

EIGHTH.- That taking into consideration the statements made by the Government of Mexico

City, from which its express consent derives, it is appropriate to issue this declaratory of

reversion, without it being necessary to substantiate the administrative procedure referred to in Articles 108 to

112 of the General Law of National Assets, regarding the recovery of ownership and possession of the

real estate alienated free of charge, with the Government of Mexico City bearing full responsibility for the

lack of truthfulness and/or inconsistency of the information provided for the issuance of this

Declaratory.

Based on Article 9, fraction XIV of the Regulations of the Institute of Administration and Appraisal of

National Assets, the Legal Unit issued an opinion deeming the present declaratory of

reversion appropriate; therefore, based on the considerations referred to, I have deemed it appropriate to issue the following:

D E C L A R A T O R Y

FIRST.- It is declared that of the real estate listed in annex 1 of this declaratory, which

were transferred via Donation and Transmission of Possessory Rights Contract number

CD Y

TDP.- 2006 004, dated March 31, 2006, in favor of the Government of Mexico City, they revert to the

Federal Estate, for the reasons and grounds set forth in the considerations of this instrument, in

compliance with the Reform of the General Health Law, published in the Official Gazette of the Federation on May 29,

2023, provided they are not in the circumstances of the Second, Third, Fourth, and

Fifth Declaratories of this instrument.

SECOND.- The real estate subject to the donation contract described in the Second

Consideration that are not listed in annex 1 of this instrument are excluded from this reversion declaratory.

THIRD.- The real estate subject to the Donation and Transmission of Possessory Rights Contract described in the Second Consideration, which are in social ownership, are excluded from this declaratory.

FOURTH.- The real estate from which the Federal Government has transmitted Possessory Rights and Mexico City has obtained the title of ownership in its favor are excepted from this reversion declaratory, regarding which that State Government must carry out the corresponding procedures to transmit the ownership in favor of the Mexican Institute of Social Security for Wellbeing

(IMSS- BIENESTAR).

FIFTH.- In the event that real estate listed in annex 1 do not form part of contract

number CD Y TDP.- 2006 004, they will be excluded from this declaratory.

SIXTH.- In the event that there are debts for taxes, contributions, and

services, regarding the real estate that revert in this declaratory, the Government of Mexico City

is obligated to cover them, releasing the Institute of Administration and Appraisal of

National Assets from any responsibility.

SEVENTH.- That the Mexican Institute of Social Security for Wellbeing (IMSS-BIENESTAR) has full

knowledge of the physical, legal, and administrative situation of each of the real estate subject to the

present reversion, therefore it commits to materializing its conclusion, as it will begin to use them for

the free provision of health services, medicines, and other associated supplies, in the Federal

Entities that have celebrated a Coordination Agreement.

EIGHTH.- The Government of Mexico City must integrate the files of the real estate that

are reverted in this act.

NINTH.- This declaratory constitutes the title of ownership of the Federation regarding the

real estate subject to the reversion in question.

TENTH.- Publish this declaratory in the Official Gazette of the Federation and register it in the

Federal Public Property Registry and in the Public Property Registry corresponding to the location of the

reverted properties.

This reversion declaratory will take effect the day following its publication in the Official Gazette of the

Federation.

Mexico City, on the 14th day of the month of March 2024.- President of the Institute of Administration and

Appraisal of National Assets, Víctor Julián Martínez Bolaños.- Rubric.

ANNEX CORRESPONDING TO THE DECLARATORY D.R.- 021 /2024

Determining that the real estate transferred to the Government of Mexico City via Donation and Transmission of Possessory Rights Contract number CD Y TDP.- 2006 004 dated March 31, 2006, which can be consulted at the following electronic addresses:

AVAILABLE CONSULTATION ON THE WEBSITE OF THE INSTITUTE OF ADMINISTRATION AND APPRAISAL OF

NATIONAL ASSETS (INDAABIN)

https://www.gob.mx/cms/uploads/attachment/file/903706/Listado_inmuebles_Ciudad_de_Mexico.pdf

AVAILABLE CONSULTATION ON THE WEBSITE OF THE OFFICIAL GAZETTE OF THE FEDERATION (DOF)

www.dof.gob.mx/2024/SHCP/Declaratoria_CiudaddeMexico.pdf

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