Modifies 18.695, Constitutional Organic Law Of Municipalities

Original Language Title: MODIFICA LEY 18.695, ORGANICA CONSTITUCIONAL DE MUNICIPALIDADES

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"Sole article.-Introducense to the law N ° 18.695, |! |" Organic Constitutional municipalities, the |! | following modifications: 1. replace article 1, by the following: "article 1.-the local administration of each |! |" commune or grouping of communes which determined the law |! | resides in a municipality.
Municipalities are autonomous corporations of |! | public law, with legal personality and patrimony |! | own, whose purpose is to satisfy the needs of |! | the local community and ensure their participation in the |! | economic, social and cultural progress of the respective |! | communes. "."
2. replace article 2 °, by the following: ' article 2.-the municipalities will be |! | " consisting of the Mayor, who will be its maximum |! | authority, and by the Council. Each municipality will have, |! | In addition, with a communal economic and social Council of |! | consultative status. "."
2 bis. (Agréga_se la siguiente letra f), new, to the |! | Article 3 °.
"(f) develop, approve and modify the plan de |! |" community development which should harmonize with |! | regional and national schemes. "."
3 article 5 ° in the following Modificase |! | ((terms: to) replace the letter to), with the following: "a) run the community development plan and the |! |" programs needed for its implementation; "."
((b) replace the letter c), with the following: "c) manage the national and municipal property |! |" the commune-based public use, except that, in |! | attention to their nature or purpose, and in accordance to the |! | law, the administration of these latest corresponds to |! | other organs of the administration of the State. In |! | exercise of this power, you shall, prior |! | report of the Economic Council and Social of the commune, |! | assign and change the name of the asset. |!| Also, with the agreement of two-thirds of the |! | Councillors in office, you can make use of this |! | attribution for towns, districts and sets |! | housing, in the territory under its |! | Administration. "."
((c) insert in the letter g), then the |! | expressions "any is its form of |! |" Administration", replacing the followed period (.) by |! | a comma (,), the following sentence: "or those intended to |! |" the bodies of firefighters. ", and replace the comma (,) and |! |" the conjunction "and" end, by a semicolon (;); and |! | (la letra h), the final dot (.) by a semicolon (;), |! | and the verbal form "Set up" by "Apply".
((d) add the following letter i): "i) constituting corporations or foundations of |! |" private law, non-profit, intended to the |! | promotion and dissemination of art and culture. The |! | municipal participation in these corporations will be governed |! | by the rules stated in the 1st paragraph of the title |! | "VII, and".
((c) add the following letter j): "j) establishing, within the scope of the communes or |! |" grouping of municipalities, territories called units |! | neighborhood, in order to promote a development |! | balanced and to an adequate Canalization of the |! | citizen participation. "."
(f) replace the second paragraph by the following: "in addition, municipalities will have the |! |" non-essential powers that give you laws or |! | which related to matters that the Constitution |! | the Republic has expressly responsible be regulated |! | by common law, among others, the work in the |! | control and enforcement of the provisions |! | laws and regulations relevant to the |! | protection of the environment, in the communal boundaries, |! | without prejudice to the powers, functions and |! | powers of other agencies. "."
(g) add the following final paragraph: "the municipalities can associate among them |! |" for the fulfilment of its purposes, agreement |! | with the rules established in the 2nd paragraph of the title |! | VII. "."
4. replace article 6 °, the following: "article 6.-for the fulfilment of its |! |" functions, municipalities may conclude conventions |! | with other bodies of the State administration in the |! | conditions that indicate the respective law, without altering |! | the powers and functions that correspond to the |! | municipalities.
In addition, to meet the needs of the |! | local community, municipalities may conclude |! | contracts involving the execution of actions |! | certain.
Similarly, may grant concessions for the |! | provision of certain municipal services or |! | facilities or property management |! | specific that possess, or have any title.
The conclusion of the contracts and the granting of |! | the concessions to which refer to preceding subparagraphs are |! | It will make prior tender, in the case that the amount |! | contracts or the value of the goods involved |! | more than two hundred monthly tax units or, |! | in the case of concessions, if the total number of rights or |! | benefits that are payable by the concessionaire be |! | top 100 monthly tax units.
If the amount of the contracts or the value of the |! | involved goods or rights or benefits to |! | pay for concessions are less than amounts |! | referred to in the preceding paragraph, you may call to |! | proposed private. Same procedure applies |! | When, notwithstanding that the amount of the contracts or the |! | value of the goods involved amounts exceed |! | referred to in that subsection, there are unforeseen urgent |! | or other circumstances duly qualified by the |! | Council, in session specially convened for that purpose and |! | with the favorable vote of an absolute majority of the |! | Councillors in exercise.
If interested is not present or if the amount of |! | the contract does not exceed one hundred tax units |! | monthly, you may proceed by recruitment |! | direct.
However, the provisions in the preceding subparagraphs not |! | It shall apply to the municipal permits, which are |! | they are governed by the provisions of articles 30 and 53, |! | Letter g), of this Act. "."
5. Add the following paragraph 3 °, new, to the |! | Title I, becoming the current 3 ° 4°, thus eliminating the |! | current article 11.

Paragraph 3 ° |! | Heritage and municipal financing |! | Article 10 bis.-the heritage of the |! | (municipalidades estará constituido por: a) corporal and incorporeal goods possessing or |! | purchase any title;
(b) the contribution that granted the Regional Government |! | respective;
(c) revenue from their participation in |! | the common Municipal Fund;
(d) the rights that charge for services that |! | pay and allowances and concessions that grant;
(e) the income received on the occasion of its |! | activities or establishments of their dependency;
(f) the income which raised by taxes than the |! | law applying to the Community authorities, inside |! | frames indicated by the law, that graven activities |! | or goods that have a clear local ownership, for |! | be earmarked for communal development works, without |! | prejudice to the seventh transitional provision of the |! | Constitution, including within them, |! | taxes such as the established territorial tax |! | in the law on land tax, the permission of |! | vehicles enshrined in the law of incomes |! | Municipal, and patents referred to in the |! | articles 23 and 32 of this Act and law 140 of |! | Alcohols, alcoholic beverages and Vinegars;
(g) fines and interests established to benefit |! | (municipal, y h) other income which they are entitled in virtue |! | of existing laws.
Article 11.-The municipalities will enjoy of |! | autonomy for managing their finances.
To ensure the fulfilment of the purposes of the |! | municipalities and their proper functioning, there will be a |! | a mechanism of solidarity redistribution of resources |! | financial among the municipalities of the country, |! | Municipal pool, which will be called |! | integrated by the following resources: 1.-a sixty per cent of the land tax |! | resulting from applying the rate referred to in the |! | the first paragraph of article 15 of the law on tax |! | Territorial;
2. a fifty per cent of the right by the |! | permit movement of vehicles which the law |! | Municipal income, without prejudice |! | Article 12;
3. a forty five percent of what they collect |! | the municipality of Santiago and a sixty-five by |! | hundred of what raised the municipalities of |! | Providencia and Las Condes by payment of patents to |! | that referred to in articles 23 and 32 of the Act of |! | Municipal rents, and 140 of the alcohol Act, |! | Alcoholic beverages and Vinegars, and 4.-fiscal contribution granted for this purpose |! | the law of budgets of the nation.
The distribution of this Fund shall be subject to the |! | criteria and rules laid down in the law of incomes |! | Municipal. "."
6 amending article 12 within |! | "terms: replace, in the first paragraph, the expression |! |" Council of community development", by"Council".
(7. Reempláza_se la letra a) of article 16, by the |! | Next: ' a) directing the activities of Secretariat |! | " "administrative of the Mayor and Council, and".
8 replace, in the first paragraph and in the letters |! | "a)) and (c) of the second paragraph of article 17, the phrase |! |" Council of community development", by"Council".
(9. Sustitúye_se, en la letra a) of article 18, the |! | expression "Community Development Council" by "Council".
10 Add the following article 24 bis:
"Article 24 bis." There will be an administrator |! | municipal in all those communities where decides it the |! | Council on proposition of the Mayor.
The position of City Manager will be provided by |! | competition public, depend directly on the Mayor and |! | who plays it will require to be in possession of a |! | professional degree according to the function. This Manager |! | you will not access by rise.
The City Manager may be removed, without |! | expression of cause, with the agreement of two-thirds of |! | the members of the Council, without prejudice of |! | the grounds for cessation of functions applicable to the |! | municipal officials in accordance with the Statute |! | administrative municipal officials.
(Ael administrador municipal le corresponderá: a) coordination of all tasks run the |! | municipal units and municipal services, de |! | According to the instructions of the Mayor;
b) ensure appropriate compliance management |! | and technical execution of policies, plans and programs |! | (de la municipalidad, y c) exercise powers delegated by the |! | Mayor, in accordance with this law, and the others |! | functions entrusted to you agree with the |! | rules of procedure of the municipality.
The duties of City Manager are |! | regulations by the Mayor, with the agreement of the majority |! | absolute of the members of the Council. "."
10 bis. Add, in paragraph first item |! | 35, then of the dot (.), the following sentence |! | final: "the foregoing is without prejudice |! |" Article 38. "."
11. merge the following article 38, new: "article 38. They will have the quality of officials of |! | exclusive confidence of the Mayor than people |! | designated as holders in Secretary |! | community planning and coordination, and those |! | involving direct legal advisory units |! | and community development. "."
11 bis. Replaced by articles 28 and 46, the |! | expression "Community Development Council" by "Council".
12 article 42, replace by the following: ' article 42.-the municipalities will be |! | " controlled by the General Comptroller of the Republic, |! | in accordance with its constitutional organic law, without |! | prejudice the General powers of control |! | internal to the Mayor, the Council and the |! | municipal units within the scope of its |! | competition. "."
12 bis. Article 48, be replaced by the |! | Next: "article 48.-the mayor shall be elected by ballot |! |" universal, in accordance with provisions in this |! | law. Its mandate lasts four years and may be |! | Re-elected. "."
13 article 49, replaced by the following: article 49.-the mayor shall assume its functions of |! | According to the provisions of article 69. "."
14 Article 50, replace by the following: "article 50.-without prejudice to the provisions in the |! |" Article 113 of the Constitution, the position of |! | Mayor will be incompatible with the exercise of any |! | other employment or civil service paid with funds |! | State, with the exception of jobs or functions |! | teachers of basic education, average or above, up to the |! | limit of 12 hours per week.
Officials governed by law No. 18.834, about |! | Administrative Statute, which may be the elected mayors |! | in accordance with the provisions of this law, |! | They shall be entitled to be granted them permission without de |! | remuneration with respect to public charges |! | they are serving as holders, all |! | the time that understand their mayoral performance.
They will incur in impending inability to |! | play people who, by Mayor |! | or as representatives of another natural person or |! | legal, concluded contracts or grant guarantees in |! | favour of the municipality or respective have litigation |! | earrings with this, as plaintiffs, during |! | the performance of its mandate. "."
15 Introducense, in article 51, the following |! | ((modifications: to) replace the letter to), with the following: "to) loss of the quality of citizen;".
((b) replace the letter b), with the following: "b) inability or incompatibility impending.".
((c) delete letter c).
((d) replace the letter d), with the following, which |! | becomes c): "c) removal by serious or significant impediment |! |" abandonment of their duties. "."
((e) delete letter e).
((f) replace the letter f.), which happens to be d), per |! | the following: "d) waiver for justified reasons, accepted by |! |" two-thirds of the members of the |! | Council. However, the resignation that was motivated by the |! | another charge of popular choice application no |! | any agreement will require. "."
(g) Agreganse the following final clauses: "(Las causales establecidas en las letras b) and c) |! |" they will be declared by the Regional Electoral Tribunal |! | respective, at the request of any Councillor of the |! | respective municipality, in accordance with the procedure |! | established in articles 17 et seq. of the law |! | N ° 18.593. The Mayor deemed to be affected by |! | some causal inability should be it to |! | hardly aware of its existence. Cessation |! | in the position, as regards these grounds, will operate a |! | time rendered the judgment declaring its existence.
The ceasefire in the office of Mayor will bring about |! | of the Councillor, and must proceed to the provision |! | of the vacancy, pursuant to article |! | 65, previously to the election of the new mayor. Without |! | However, the Mayor will not cease as a Councillor |! | When commits in some incompatibility |! | impending not afectare him in that capacity, thus |! | as in the case referred to in the fourth paragraph of the |! | Article 102 of this Act. "."
15A. Add the following article 51 bis: "article 51 bis.-the mayor or councillor whose |! |" right to vote be suspended by any of the |! | grounds provided for in article 16 of the Constitution |! | Policy of the Republic, shall be temporarily |! | incapacitated for the performance of his office, and must be |! | replaced, your disability, for the duration of |! | pursuant to articles 52 and 65. "."
16 Article 52, replace by the following: ' article 52.-the Mayor, in the event of absence or |! | " not more than forty-five days impediment, will be |! | subrogated in its administrative functions by the |! | official in exercise that follow you in order of |! | hierarchy within the municipality, with the exception of the |! | local police judge. However, consultation to the |! | Council, the Mayor may appoint as Deputy to a |! | an official who does not correspond to that order.
The subrogation shall not extend to the attribution of |! | convene and preside over the Council or to the representation |! | protocolary meeting of the municipality, which shall be exercised in |! | anyway by a Councillor, in accordance to the provisions |! | in article 71.
When the Mayor is fond of a |! | temporary disability exceeding forty-five days, |! | the Council shall appoint, from among its members a mayor |! | alternate, by resolution adopted by a majority |! | absolute of the Councillors in-office session |! | specially convened for the purpose.
In case of vacancy of the office of the Mayor, the Council |! | It shall appoint, from among its members, to a new |! | Mayor that replaces it, chosen by the majority |! | absolute of the councilors, according to standards of the |! | Article 102, after filling the vacancy of |! | Councillor in accordance with the procedure laid down in the |! | Article 65 of this law.
The election shall be carried out in special session |! | to be held within ten days to the |! | date on which the vacancy has occurred. The |! | City Clerk will quote to this effect to the Council with |! | five days in advance at least. The new mayor |! | thus chosen will remain in office for as long as |! | It fails to complete the respective period, allowing |! | be re-elected. While not be elected new mayor, |! | govern the provisions of subsection first. "."
17. amending article 53 as a |! | ((indicated below: a) Insert the following letter g): "g) grant, renewal and termination of permits |! |" municipal; "."
((b) replace the letter m), with the following: "m) convene and preside over the Council, as well as the |! |" community economic and social Council; "."
((c) remove the letter n), passing the current letter n) |! | "(a ser letra n), replacing the"82"figure by |! |" 104 ".
18 article 54, replaced by the following: "article 54.-the mayor shall consult the Council for |! |" make the designation of delegates referred to the |! | Article 57 and to appoint as Deputy Mayor to a |! | official other than the applicable agreement |! | with the hierarchical order within the municipality. "."
"(19. Modifíca_se el artículo 55 de la siguiente forma: a) replace in its first paragraph, the expression |! |" Council of community development", by"Council".
((b) replace the letter to), with the following: "a) approve the community development plan and the |! |" municipal budget, and its amendments, as well as |! | corresponding investment programmes; "."
"((c) in point (d)), replace the expression |! |" Set"by"Apply".
((d) replace the letter j), with the following: "j) to enact by-laws and regulations to |! |" that referred to in article 25; "."
((c) replace the letter k), by the following:
"(k) skip the formality of public bidding in the |! |" cases of unforeseen urgent or other circumstances |! | duly qualified in accordance with |! | "in article 6 of this law, and".
((f) replace the letter l), with the following: "l) own-initiative, summon plebiscite |! |" community, in accordance with the provisions of title |! | VI. "."
(g) replace the current final paragraph by the |! | Next, it passes to be penultimate paragraph: "the communal development plan, the budget |! |" municipal, investment programmes and the project of the |! | communal regulatory plan, as well as their respective |! | modifications, will be proposed by the Mayor. "."
(h) add the following final new subsection: "in approving the budget, the Council shall ensure by |! |" that indicated the estimated revenue and the |! | amounts of sufficient resources to meet the |! | expenditure. The Council may not increase the |! | budget presented by Mayor sinus |! | only diminish it and modify its distribution, except |! | with regard to expenses established by law or conventions |! | concluded by the municipality. "."
"20 replaced the expression in article 56 |! |" Community Development Council"by the phrase" Council and |! | " the Council economic and social community".
21 replaced the final sentence of subparagraph first |! | of article 57, by the following: "such designation |! |" It may be filled by an officer of the municipality in or |! | citizens who meet the established requirements |! | in article 60 and not are in the expected location |! | by the second paragraph of article 50. "."
22 title III, replace by the following: "title III of Council |! |" Article 58.-in each municipality a Council of |! | normative, operative and inspector responsible character |! | the participation of the local community make effective |! | and to exercise the powers that designates this law.
Article 59.-The Councils will be integrated by |! | Councillors elected by direct vote a |! | system of proportional representation, in conformity |! | with this law. They will last for four years in their positions and can |! | be eligible for re-election.
(Cada concejo estará compuesto por: a) six councillors in communes or clusters of |! | communes of up to seventy thousand electors;
(b) eight Councillors in communes or clusters of |! | communes of more than seventy thousand and up to one hundred fifty |! | (mil electores, y c) ten Councillors in communes or clusters of |! | communes of more than one hundred fifty thousand voters.
The number of Councillors for choosing in each commune or |! | grouping of communes, depending on their constituents, be |! | determined by decision of the Director of the |! | Electoral service. For these purposes, it shall be deemed |! | the current voter registration seven months before the |! | date of the respective election. The resolution of the |! | Director of the service must be published in the journal |! | Officer within the ten days following the term |! | of the referred period of seven months, back |! | from the date of the election.
Article 60.-to be elected Councillor is required: to) be a citizen with the right to vote;
(b) learn to read and write;
(c) have a residence in the region to which it belongs the |! | respective commune or group of communes, according to |! | appropriate, at least during the last two years |! | prior to the election;
d) have military status to the day), and (c) be not fond of any of the disabilities that |! | established in this law.
(Artículo 61.-No podrán ser candidatos a concejales: a) the Ministers of State, undersecretaries, the |! | Ministerial regional secretariats, the mayors, |! | Governors, regional councillors, the |! | parliamentarians, members of the Board of Bank |! | Central and the Comptroller General of the Republic;
(b) the members and officials of the different |! | rankings of the judiciary, as well as the of the |! | Constitutional Court, the jury of |! | Elections and the regional electoral courts, |! | the members of the armed forces, the Carabineros e |! | (Investigaciones, y c) by itself or as representatives of another |! | natural or legal person have contracts or securities |! | current or pending litigation, in quality of |! | plaintiffs, with the respective municipality, date |! | the registration of their candidacies. Means that |! | There is this causal, in addition, to be |! | partners or shareholders in more than 25%, in a person |! | legal that is in any of the situations |! | referred to in this letter.
Article 62.-The positions of Councillors shall be |! | incompatible with the Member Boards |! | Economic and social community, and provincial as well as |! | (con las funciones públicas señaladas en las letras a) and |! | (b) of the preceding article. Also will it be yet |! | employment, function or Commission who perform in the same |! | municipality with the exception of the professional fees |! | in education, health and municipal services.
(Tampoco podrán desempeñar el cargo de concejal: a) that during the exercise of such charge |! | incurred in any of the cases referred to in the letter |! | ((c) of article 61), and (b) that during their performance acting as |! | lawyers or representatives in any kind of judgement |! | against the respective municipality.
Without prejudice to the provisions of the present law, |! | the Councillors would not applicable the |! | incompatibility established in subparagraph first of the |! | section 80 of the Act No. 18.834.
Article 63.-Councillors will cease in the year |! | mental or physical inability to perform (de sus cargos por las siguientes causales: a) |! | cargo;
(b) waiver for justified reasons, accepted by |! | the Council. However, the resignation that was motivated by |! | the postulation to another charge of popular choice not |! | will require any agreement;
(c) unjustified absence more than fifty |! | per cent of the regular sessions held in a |! | calendar year.
(d) inability to impending, for any of the |! | (causales previstas en las letras a) and b) of the article |! | previous;
(e) loss of any of the requirements for |! | be elected Councillor. However, the suspension of the |! | right to vote will only result in incapacitation |! | incurring any incompatibilities (temporal para el desempeño deel cargo, y f) |! | provided for in the first paragraph of the preceding article.
Article 64.-The grounds established in the |! | ((((letras a), c), d) and e)) and (f) of the preceding article shall be |! | declared by the Regional Electoral Tribunal |! | respective, at the request of any Councillor of the |! | respective municipality, in accordance with the procedure |! | established in articles 17 et seq. of the law |! | N ° 18.593. Councillor deemed to be affected by |! | some causal inability should be it to |! | hardly aware of its existence. Cessation |! | in the position, as regards these grounds, will operate a |! | time rendered the judgment declaring its existence.
Article 65-if it dies or cesare in his post |! | any Councillor during the discharge of his mandate, the |! | vacancy will be provided with the citizen, having |! | integrated the electoral list of the Councillor causing |! | the vacancy, would have been elected if that list |! | It has fallen another charge. If that Councillor |! | cesare has been elected within a subpacto, the |! | priority to replace it will be up to the candidate |! | who has been elected if to that subpacto you |! | It has fallen another charge.
If you do not apply the above rule, the |! | vacancy will be provided by the Council, acting by a majority |! | absolute of its members, from among the |! | included in a list of three proposed by the political party |! | He has belonged to the moment of being elected, |! | who has motivated the vacancy.
The Councillors elected as independent will not be |! | replaced, unless they have postulated integrating |! | lists. In the latter case, the provisions shall apply in |! | the first paragraph of this article.
The new Councillor will remain acting the |! | term missing which originated the vacancy, |! | and may be reelected.
In no event shall election |! | complementary.
(Artículo 66.-Ael concejo le corresponderá: a) choose the Mayor when appropriate in accordance with |! | the provisions of article 102;
b) to pronounce on matters for which lists the |! | Article 55 of this law;
(c) oversee the fulfillment of plans and |! | municipal investment programmes and the execution of the |! | municipal budget;
d) oversee the actions of the Mayor, and |! | ask the observations that deserve you, which |! | they must be answered verbally or in writing, |! | being able to directly inform of the |! | Comptroller General of the Republic acts u |! | omissions and resolutions that violate the laws and |! | regulations, and report to the Court the facts |! | of crime, in which he commits;
(e) to decide on the reasons for resignation |! | the offices of Mayor and Councillor;
f) approve municipal participation in |! | associations, corporations or foundations, in |! | pursuant to the fourth paragraph of the |! | Article 107 of the Constitution;
(g) to recommend to the Mayor priorities in the |! | formulation and implementation of specific projects and |! | specific measures of community development;
(h) quote or order report to agencies or |! | municipal officials when deemed necessary for |! | pronounce on matters within its competence.
i) request report to entities that receive |! | municipal contributions;
j.) granted their agreement for the assignment and change of |! | designation of national and municipal property of |! | public use under their administration, as also of |! | towns, neighborhoods and housing complexes from the |! | communal territory, and k) oversight units and municipal services.
The foregoing is without prejudice to other |! | duties and functions which the law gives you.
Article 67.-The Council only may approve |! | budgets properly financed, corresponding |! | especially to the head of the unit responsible for the |! | control, or the officer who fulfilled this task, the |! | obligation to represent those deficits than |! | Note in the municipal budget. For these |! | effects, the Council will examine quarterly the |! | program revenue and expenses, introducing the |! | corrective modifications to that necessary, at |! | proposition of the Mayor.
If the Council desatendiere representation |! | made as provided for in the preceding paragraph and not |! | It introdujere the relevant corrections, Mayor |! | which don't planning involving the exercise corresponding modifications or |! | the Councillors who reject them, shall be jointly and severally liable |! | responsible for the deficient part resulting in the |! | annual outturn at 31 December of the |! | respective year there will be public action to claim the |! | fulfillment of this responsibility.
Article 68.-The decision of the Council on |! | Article 66 (las materias consignadas en la letra b) |! | (se realizará de la siguiente manera: a) the Mayor, in the first week of October, |! | guidelines shall be referred to the Council for consideration |! | Global of the municipality, the municipal budget and the |! | annual program, with its own goals and lines of action. In the |! | global guidelines, include the communal plan of |! | development and its amendments, policies of |! | municipal services, such as, in addition, policies and |! | investment projects. The Council must pronounce |! | on all these matters by December 15, |! | After consultations by the Council evacuated |! | Economic and social community, where appropriate.
(b) the project and plan modifications |! | Community regulator will be governed by procedures |! | specific established by the laws in force.
(c) in other matters, the pronouncement of the |! | Council shall issue within the time limit of twenty days, |! | the date when you know it's the |! | request made by the Mayor.
If the pronouncements of the Council not arises |! | within the designated legal terms, govern thing |! | proposed by the Mayor.
Article 69.-The Council will install ninety days |! | After the date of the respective election, with the |! | attendance of the absolute majority of Councillors |! | declared elected by the Regional Electoral Tribunal |! | competent.
The first session will be chaired by Mayor |! | elected or, failing that, by the Councillor who has |! | obtained greater voting citizen, individually |! | dodging in the event of a tie. It will act as Minister of |! | faith the respective clerk.
The City Clerk shall give to the |! | failure of the Regional Electoral Tribunal who aware of the |! | results final election in the commune and |! | It will take the City Council the oath or affirmation of |! | observe the Constitution and the laws and comply with |! | loyalty the functions of the position.
The Council, at the constituent meeting, focus to |! | Choose the Mayor, where appropriate, in the form |! | established in article 102, and to set the days and |! | hours of the regular sessions.
If the session's installation is not carried out in the |! | date or have not been verified acts |! | referred to in the preceding paragraph, the Council shall |! | continue daily session to meet with |! | These objectives.
A copy of the minutes of the sitting of installation are |! | It shall be sent to the respective Regional Government, within the |! | forty-eight hours after the conclusion of the |! | session.
Article 70.-The Council will meet in session |! | ordinary and extraordinary. Agreements shall be adopted |! | in legally constituted Hall.
The regular sessions shall be conducted at least two |! | twice a month, on working days, and they may treat |! | any material that is of competence of the Council.
Extraordinary sessions shall be convened by the |! | Mayor or by a third, at least, of the Councillors |! | in exercise. In them are those only treated |! | subjects referred to in the call.
The sessions of the Council shall be public. The two |! | thirds of the Councillors present may agree that |! | certain sessions are secret.
Article 71.-In the absence of the Mayor, will preside over the |! | meeting the present Councillor who has obtained, |! | individually, most voting citizens in the election |! | respective, as established by the Court |! | Electoral Regional.
The city clerk or who subrogated, |! | It shall perform the functions of Secretary of the Council.
Article 72.-Quorum for transaction of business shall be the |! | most of the Councillors in office.
Except as required by law a different quorum, the |! | Council agreements shall be adopted by the majority |! | attending the meeting Councillors absolute |! | respective.
If there is a tie, a second vote will be taken. De |! | persist the tie, one will quote a new session in the |! | that you would vote. Holding the tie, |! | It will be up to the Mayor the casting vote to resolve |! | the matter.
Article 73.-All Councillor has to be right |! | fully informed by the mayor or whoever does their |! | times, all related to the March and |! | operation of the Corporation. Should this right |! | be exercised in a way not to hinder the management |! | municipal.
The Councillors are entitled to perceive a |! | allocation for each session you attend, agree |! | (a los tramos que, a continuación se señalan: a) a monthly tax unit, in the communes or |! | grouping of communes of up to thirty thousand inhabitants, |! | and may not exceed this allocation of four units |! | tax monthly in the respective calendar month;
(b) one and a half monthly tax units, in |! | the communes or grouping of communes of over thirty |! | and up to one hundred thousand inhabitants, and may not exceed |! | This allocation of six monthly tax units |! | (en el respectivo mes calendario, y c) two monthly tax units, in the |! | communes or grouping of communes of more than one hundred thousand |! | inhabitants, and may not exceed these allocation of eight |! | monthly tax units in the respective month |! | calendar.
For the purposes of determining the number of |! | inhabitants per municipality or group of communes |! | established in the different sections of the subsection |! | above, shall be deemed the current census.
The allocation provided for by this article shall not be |! | taxable.
Article 74.-The City Council not will be |! | applicable rules governing officials |! | municipal, except in respect of civil liability and |! | criminal.
Any Councillor of the municipality may take |! | part in the discussion and vote on matters in which he or |! | their relatives up to the fourth degree of consanguinity or |! | second affinity, are interested, unless is |! | try appointment or designations which must lie |! | in the own Councillors.
It is understood that there is such interest when your |! | resolution affects moral or payment to persons |! | concerned.
Article 75.-The Council shall determine in a |! | internal regulation the other necessary rules for its |! | operation, which will be established |! | especially those governing hearings |! | public. "."
23 insert the following title IV, new: "title IV |! |" Of the economic and Social Council communal |! | Article 76.-In each municipality will have a Council |! | Economic and social community, made up of representatives |! | organized local community. This Council will be a |! | an advisory body of the municipality, which will be by |! | object the participation of organizations |! | Community of territorial and functional character and |! | activities relevant and in economic progress, |! | social and cultural of the commune.
Article 77.-The economic and social councils |! | community will be integrated by the Mayor that the |! | chairs and directors elected in accordance with the |! | system established in this law, which will last four |! | years in office and shall be eligible for re-election.
The communal economic and social Council shall, in addition |! | the Mayor, made up of the following number of |! | counselors.
a) ten members, in the communes or associations of |! | communes of up to thirty thousand inhabitants.
(b) twenty members, the communes or associations of |! | communes with more than thirty thousand and up to a hundred thousand |! | inhabitants.
(c) thirty members, in the communes or associations |! | of communes with over one hundred thousand inhabitants.
Article 77 A.-the total number of members |! | each economic and social Council, 40% will be elected |! | by the boards of neighbors legally incorporated, a |! | 30% by functional community organizations and |! | other community organizations, including |! | within these labor organizations when the |! | in the commune, and the remaining 30%, by the |! | organizations representing activities |! | production of goods and services.
Article 77 B.-for the purposes of this Act be |! | consider:
a) community organizations |! | functional, those with legal personality and without |! | non-profit purposes, which have as their object to represent and |! | promote the community-specific values within the |! | territory of the community or group of communities |! | respective. Among these may be considered to the |! | private education institutions, the |! | parents and guardians centres, cultural centres and |! | artistic mothers centers, groups of |! | technology transfer and the Middle defense |! | friendly, professional organizations, the |! | private clubs, volunteer organizations |! | sports and recreation, youth organizations |! | and others that promote community participation |! | in their social and cultural development.
(b) shall have the character of organizations of |! | productive activities for goods and services the |! | entities with legal personality and non-profit |! | that grouping people devoted to the exercise of |! | business activities within the commune or |! | grouping of communes, be they mining, agricultural, |! | commercial, industrial, transportation and others by the |! | to pay municipal patent. Will also have this |! | character companies incorporated in the commune and which |! | Economic and social relevance that will be |! | qualified by the Council.
(c) will have the quality of labor organizations |! | those of legally constituted Trade Union character and the |! | entities with legal personality and non-profit |! | that grouping to natural persons who are not employing |! | and that run on their own primary activities |! | extractive, exempt from the payment of municipal patent.
Article 77 C-in each municipality must open |! | a record of the existing organizations in the |! | commune or respective grouping of communes and the |! | companies that carry out relevant activities within |! | that territory, in accordance with the provisions in the |! | Article 77 A and meet the requirements which are designated |! | in the following article, are entitled to participate in |! | the election of the members of the Economic Council and |! | social community.
Article 77 D.-registration will remain open |! | between the 90th and thirtieth day before in |! | corresponding renewal by popularly elected Council |! | of the respective municipality. He will be in charge of the |! | City Clerk, that for all purposes |! | you will have the character of Minister of faith.
May only apply for registration in the register |! | (las organizaciones comunitarias que acrediten: a) current legal status, and b) domicile in the commune or group of communes, |! | with an age of not less than two years from the date of |! | request registration.
Natural or legal persons who develop |! | business activities that are considered relevant |! | can be entered only when they prove compliance |! | subsection (deel requisito señalado en la letra b) |! | earlier.
Article 77 E-applications of the |! | natural or legal persons or organisations that no |! | meet the requirements set out in the previous article |! | they are not registered. The City Clerk within the |! | third business day following the expiration of the term |! | designated in subsection first of the preceding article, |! | be published in a newspaper or newspaper of the largest |! | circulation in the province, if any, or on its |! | default, in the region, a roster of organizations |! | registered and the rejected. In the communes where not |! | any significant circulation of regional newspapers |! | or provincial, signs shall be fixed at the headquarters |! | municipal, public services and community centres.
Article 77 F.-any person may complain of |! | non-inclusion or the improper inclusion of a |! | organization or natural or legal person on the payroll to |! | that referred to in the preceding article. The claim |! | You must submit, within five business days |! | following the publication of the list, before the |! | Corresponding Regional Electoral Court. This should be |! | resolve it within the 15 working days following |! | the date of its presentation. In the event that there is more |! | of a claim, the Regional Electoral Tribunal |! | You should address them jointly and in a single act.
Article 77 G.-the Secretary, defeated that |! | is the deadline to file a claim without which are |! | It has made any or have been submitted, |! | reported to be the resolution of the Tribunal |! | Electoral Regional or resolve them, must cite a |! | organizations and natural persons or |! | legal registered, so they constitute Assembly |! | in order to elect the members of the Economic Council and |! | Social that it corresponds to each establishment. Citation |! | You must expressly point out the day, time and place of the |! | meeting.
There will be assemblies separated by each establishment |! | than those specified in article 77 A. Each organization |! | or natural or legal person will be represent in |! | those by a delegate.
Concurrent to the respective Assembly delegates |! | estates will be chosen, by a simple majority, a President |! | of it, charge ordering and directing the vote |! | to nominate representatives to the Council, |! | duly assisted the Secretary this |! | municipal.
Representatives will be elected in voting |! | direct, secret and one-man by delegates. |!| Will be elected who obtain the first |! | majority individual, up to the number of |! | Directors to be chosen by the respective establishment. The |! | immediately following majorities and even complete a |! | number of counselors, will be elected as |! | alternate directors, according to the strict order of |! | priority that determines the number of votes obtained by |! | each.
In case of tie of votes, the allocation of o |! | the respective charges are will settle for draw.
You can reclaim the legality of the procedure |! | election to the Regional Electoral Court, inside |! | the five working days following the date of |! | held the election, using presentation founded. The |! | Regional Electoral Court must rule on the |! | or claims that arise, within the |! | 15 working days following the date of the last |! | claim.
Article 77 H. In the event that, after the |! | period of sixty days referred to in subsection first of the |! | section 77 D, not be registered in the register |! | respective more than two organizations or individuals |! | natural or legal entities that they play in activities |! | relevant to which they fulfil the qualifying requirements or, |! | If necessary, the resolutions remain ordered |! | non-eligibility of registration of other |! | organizations which have requested it, Council |! | proceed to quote people, bringing together the |! | requirements laid down in article 77 D, are not |! | incorporated in the register, so that they prove their |! | delegates to the meetings.
Article 77 i.-rule if not applicable |! | provided for in the preceding article or if the |! | These organizations not concurring to the Assembly to |! | that convene it, the Council shall declare vacant the |! | charges not provided.
After one year from the date of Declaration of |! | vacancies the Council will call new registration for |! | the effects of filling vacant positions.
Article 78.-to be a member of the Economic Council |! | and social is required.
a) be 18 years of age, with the exception of the |! | representatives of organizations mentioned in law N ° |! | (18.893. b) have a year of affiliation, as a minimum, a |! | Organization of the establishment, where appropriate, in |! | the time of the election;
((c) being Chilean or foreigners living in the country, and d) must not have been convicted or be processed by |! | a crime that deserves punishment disturbing.
Disability referred to in previous |! | It shall be without effect upon expiry of the period |! | referred to in article 105 of the criminal code, since |! | the fulfilment of the respective penalty.
They shall apply to the members of Council |! | Economic and social community disabilities e |! | incompatibilities that this law provides for the |! | members of the Councils in article 61 and in the letter |! | (b) of article 62.
Also, be incompatible with the charges of |! | Regional Councillors, Councillors and advisors |! | provincial.
Article 79-Counselors will cease in the year |! | (de sus cargos por las siguientes causales: a) resignation, accepted by the majority of the |! | Directors on exercise;
(b) unjustified absence more than fifty |! | percent of the meetings in a year |! | calendar;
(c) inability to impending;
(d) loss of any of the requirements for |! | be elected Councillor;
(e) engage in any of the incompatibilities |! | (previstas en el artículo 62 de esta ley, y f) loss of membership of the |! | an organization representing.
(((Las causas establecidas en las letras b), c), d), e) |! | (y f) above, shall be declared by the Court |! | Electoral Regional respective, at the request of |! | any member of the Council that corresponds, according |! | the procedure laid down in articles 17 and |! | following of the law N ° 18.593. The Minister deemed |! | shall be affected by any causal inability |! | make it known just knowledge of its |! | existence. Cessation in office, in the case of these |! | causal, operate enforceable once the judgment than |! | declare its existence.
Article 80.-If a titular counselor cesare in his |! | charge, will go to the Council to integrate the respective |! | alternate, for the period remaining to complete the |! | quadrennium that corresponds.
Article 81.-The economic and social Council communal |! | (tendrá las siguientes funciones: a) give their opinion about the development plan |! | communal services policies and the annual program |! | action and investment.
b) give its opinion on the annual account of the Mayor |! | and of the Council.
(c) give an opinion on all matters for the Mayor and |! | the Council submitted for its consideration.
Article 82.-The economic and social Council communal |! | You can meet of its own initiative to study and |! | discuss general matters of local interest and raise their |! | comments to knowledge of the Mayor and Council.
Article 83.-The elected members to integrate |! | this Council held a constituent session, which |! | It will start the respective quadrennium, the next day |! | of him in that end of the legal period of the |! | counselors in exercise.
The community economic and social Council will meet in |! | ordinary and extraordinary sessions. Sessions |! | ordinary will be, at least every three months and |! | they may treat any related issue with |! | the functions that this Act entrusts to the |! | Council. Extraordinary sessions may be |! | convened by the mayor or by not less than one-third of |! | in exercise and members may only |! | treated and adopt agreements regarding matters |! | indicated in the announcement.
In both cases, the quorum for the transaction of business shall be the de |! | the majority of Directors in office. Agreements |! | They shall be adopted by the same majority.
Article 84.-The economic and social Council communal |! | determine the necessary rules for its functioning |! | internal.
The sessions will be public. "." 24. Add the following new title V: "title V of the municipal elections |! |" Article 85.-for the municipal elections, in |! | everything that is not contrary to this Act, govern the |! | provisions of the organic constitutional envelope |! | Popular votes and ballots, of the organic law |! | Constitutional law and political parties |! | Organic constitutional system of registration |! | Election and Electoral service.

Paragraph 1 ° |! | Presentation of candidatures.
|!| Article 86.-Candidates Councillors only |! | they may be declared up to twenty-four hours of the |! | one hundred twentieth day prior to the date of the |! | corresponding choice. Such statements may |! | include up to as many candidates as Councillors |! | appropriate to choose the respective commune or grouping |! | of communes.
Each declaration must be accompanied by a witness |! | jury of the respective candidate, in which this affirm |! | comply with all the requirements demanded by the |! | articles 60 and 61. This affidavit will be made |! | notary public of the respective commune or in its |! | default, before the official of the Registro Civil |! | corresponding. The falsity of any of the facts |! | aseverados in the statement produces the nullity of the |! | Declaration of candidacy of that candidate and the de |! | all its legal effects later, including its |! | choice.
If a mayor postulare to his election as Councillor |! | in your own community, at the time of declaring its |! | candidature shall be suspended from the exercise of their office |! | by the single Ministry of the law until the next day |! | the date of the election, retaining however the |! | ownership of his position. In such a case, replace it |! | During that time, as a Deputy, the |! | official in exercise that follow you in order of |! | hierarchy within the municipality, excluded the |! | judges of local police.
The statements of candidates to submit a |! | electoral Pact and the subpactos in the |! | they may include candidates from any of the parties |! | which constitute them, regardless of whether this is |! | is legally constituted in the respective |! | region, long as it is in most of the |! | regions of the country and at least one of the parties |! | subscribers of the Covenant is made level |! | National.
Otherwise, the statements of candidates be |! | They governed by articles 3, 3 ° bis, with the exception of |! | your third paragraph, 4°, second and following paragraphs, and |! | 5 ° of the law on voting constitutional organic |! | Popular and indexes.
Article 87.-Political parties participating |! | in an electoral Pact may subpactar including de |! | agreement to the rules as on accumulation of votes of |! | the candidates is established in article 100 of the |! | This law.
Independent candidates participating in a |! | electoral Pact may subpactar between them, with a |! | subpacto of members of the same parties or with a |! | Party of the Covenant which is not a member of a subpacto of |! | parties.
To the formalization of a subpacto election will be |! | applicable, the relevant standards of subparagraphs |! | fourth and fifth article 3 bis of the law |! | Constitutional on popular votes and ballots.
Article 88-Statements of covenants |! | election and the subpactos to be agreed, as well as |! | nominations to be included must be stated in a |! | only instrument and delivery, will be formalized in a |! | single act, to the Director of the Electoral service, |! | within the same time limit set in article 86 |! | for the Declaration of candidacies.
Article 89-A. the Covenants and subpactos are les |! | It bears only his name, with each of the |! | Games politicians subscribers, with his name and |! | symbol, indicating then the names |! | full of candidates affiliated to the respective |! | party. In the case of statements of parties |! | political, they identify with their name and |! | symbol.
In the case of the independent incorporated in a |! | corresponding to a compact, next to your name is |! | It expressed as such.
The subpactos between independent and this |! | and parties identify as such.
Article 90-Declarations of candidacies |! | independent Councillor must be sponsored by |! | a number not less than 0.5% of the electors who have |! | covered in the latest popular vote in the |! | commune or respective grouping of communes.
In any case, among the sponsors not be |! | they accounted for affiliates to |! | political parties that exceed the five percent of the |! | minimum percentage referred to in the preceding paragraph.
The determination of the required minimum number of |! | sponsors will be the Director of the Electoral service |! | by resolution to be published in the journal |! | Officer seven months in advance, at the very least, a |! | the date that the choice should be made.
Without prejudice to the provisions of subparagraphs |! | earlier, the independent ones that apply integrated |! | covenants or subpactos do not require sponsorship.
Article 91.-The patronage of candidacies |! | independent need to subscribe before a notary |! | public of the respective commune, by citizens |! | enrolled in the electoral registers of the same. In |! | those communes where there is no notary public, |! | It will be competent to certify the sponsorship officer |! | the registration of the respective jurisdiction.
May not include the same sponsor in various |! | statements of independent candidacies. Yes this |! | It occurs, will be valid only that sponsorship |! | appears on the first declaration made to the service |! | Election, and if several proceedings at the same time, |! | will not be valid in none of them the sponsorship that was |! | you have repeated.

Paragraph 2 ° |! | Registration of candidates |! | Article 92.-The Regional Service Director |! | Election, within ten days following one in |! | that expires the deadline for declaration of candidacies, |! | It shall, by resolution, to be published in a |! | newspaper with the largest circulation in the region |! | respective, accept or reject which have been |! | declared.
Political parties and candidates |! | independent may, within five days |! | following the publication of the aforementioned resolution, |! | claim it before the Regional Electoral Court |! | respective, which shall be dealt within fifth |! | day.
Article 93.-within three days to the |! | the deadline to challenge within the meaning of the |! | earlier or the final decision of the Court article |! | Electoral Regional, where appropriate, Regional Director of the |! | Election will proceed to register the |! | nominations in a special register. From this |! | time, it shall be deemed that the candidates have the |! | as such for all legal purposes.
In any case, the Regional Electoral Tribunal must |! | notify their resolutions to the respective directors |! | Regional election and sponsors |! | the claim as soon as you say them.

3 ° paragraph of remission of envelopes
|!| Article 94.-for the purposes of the scrutiny |! | the qualification of the elections, and general |! | referred to in the following paragraph, the Secretary of |! | the receiving table of votes shall forward to the President |! | Regional Electoral Tribunal the envelope to be |! | they covered by articles 73 and 74 of the basic law |! | Constitutional on popular votes and ballots. |!| In addition, the Secretary of the Board of elections shall |! | the same court envelopes with the records of pictures of |! | the tellers schools which have operated in their |! | jurisdiction.

Paragraph 4 ° general scrutiny and the qualification of the election |! | Article 95.-General scrutiny and the |! | qualification of municipal elections will be |! | ruling in the regional electoral courts, |! | who will have, as they may be applicable, all the |! | powers granted to the jury of |! | Elections in titles IV and V of the organic law |! | Constitutional on popular votes and ballots.
The resolutions issued by tribunals |! | Electoral regional, within the framework of competition |! | that it gives them by this law, shall be appealable |! | for before the election qualifier Tribunal de |! | According to the term and procedure foreseen by the |! | Article 59 of the law 18.603.
Article 96-to determine the Councillors |! | chosen, the Regional Electoral Tribunal must follow |! | the procedure described in the following articles.
Article 97.-to set the list votes, the |! | Court added issued preferences in favor of |! | each of the candidates in the same list.
Article 98-to determine the quotient |! | electoral list votes be divided successively |! | for one, two, three, four, and so on, up to |! | form as many cuocientes by each list as Councillors |! | appropriate choice. All these cuocientes are placed |! | in descending order until you have a number of them |! | as in the charges for choosing. The quotient that occupy the |! | last one of these places will be the electoral quotient and |! | It will allow to determine how many are chosen in each |! | list by dividing the total votes of the |! | same for the quotient.
However, in the case of N ° 3 of article 99, the |! | electoral quotient will become which follow in the order |! | decreasing within the meaning of subsection earlier if the |! | charge excess out one, or that follow him, if they be |! | two and so on, if they were more.
Article 99-to determine the candidates |! | elected within each list will be observed the |! | (siguientes reglas: 1) If a list has equal number of |! | Councillors that the presented candidates, are |! | He will proclaim elected to all of these.
(2) if the number of candidates presented is greater |! | that the Councillors that corresponds, to the list are |! | He will proclaim elected to those who have obtained the most |! | high individual majorities, unless the list |! | corresponds to an electoral Pact, in which case be |! | (aplicará la norma deel artículo siguiente: 3) if the number of candidates from one or more lists |! | less than the Councillors who has corresponded him, the |! | replaced in the designated form quotient in the |! | second paragraph of the preceding article.
(4) If, within the same list, a charge |! | appropriate with equal right to two or more candidates, |! | will be chosen who obtained the highest |! | number of individual preferences and, if |! | persist equality, will proceed by court |! | Electoral Regional Office in audience draw |! | public.
(5) if the last position by filling appropriate with |! | the same right to two or more lists or nominations |! | independent, will be the candidate of the |! | independent has obtained greater number or list of |! | individual and preferences, in case that persists the |! | equality, will proceed by the Electoral Tribunal |! | Regional to the draw of the cargo at public hearing.
Article 100.-to determine the candidates |! | chosen from a list in which there are covenants or |! | subpactos, will proceed to add the preferences of the |! | candidates included in each of the matches or |! | the subpactos, as the case may be.
The total number of votes validly obtained by each |! | party or subpacto will be divided by one, two, three, |! | four, and so on, until each |! | of the parties or supactos so many cuocientes as charges |! | appropriate select list. All those cuocientes are |! | They ordered consecutively and that occupy the ordinal |! | corresponding to the last of the charges for choosing by |! | the list will be the quotient of the parties or subpactos |! | of the same. The total votes for each party or |! | subpacto must be divided by this quotient for |! | determine how many positions will be choosing to the |! | respective party or subpacto.
If the number of candidates of any party or |! | subpacto is less than the Councillors that les |! | appropriate, or if the independent candidate than not |! | any integrated to a subpacto, it obtains votes |! | to choose more than one charge, the quotient |! | applicable will be that follow in the order |! | decreasing to that referred to in the preceding paragraph, if the |! | charge excess out one, or that follow him, if they be |! | two and so on.
Within each party or subpacto, the candidates |! | they will prefer each other according to the number of votes than |! | they have obtained.
Article 101.-Lists that include pacts between |! | political parties or subpactos may include one or more |! | independent candidacies. When an electoral Pact |! | include the application of one or more independent, for |! | the purposes of determining charges to choose in the |! | list the votes of each independent candidate, that no |! | part of a subpacto, are considered to be separate or |! | individually, as if they were a party |! | politician member of the Pact.
Article 101 bis.-for the purposes of the provisions |! | in the preceding articles, every application or |! | independent candidate, not forming part of a |! | Agreement, shall be regarded as if it was a list and will have |! | typical of this treatment.
Article 102.-Will be proclaimed Mayor candidate |! | Councillor, having obtained individually the |! | more preferences, count at least with the |! | Thirty-five per cent of the votes validly |! | issued, excluding the null, and blank votes in |! | the respective election of Councillors, whenever |! | integrate the most voted list, as it determined the |! | Competent Regional Electoral Court.
Failure to comply the assumptions established in the |! | previous paragraph, the Council shall elect the Mayor among |! | its members, in voting that will take place at its session |! | constitutive and by an absolute majority of Councillors |! | elected.
Not achieved the majority referred to in subsection |! | foregoing, the Council repeated the vote, |! | confined to the two councillors who have obtained the |! | two highest relative majorities in the election |! | carried out in the Council, considering the preferences |! | individual obtained citizenship to settle the |! | ties that are decommitted both in the first as in the |! | second relative majority.
If arises a tie in this second vote, |! | the office of mayor shall be exercised by each of the |! | tied Councillors, in two subperiods of equal |! | duration. The Councillor that strength belongs to the list |! | It has obtained greater voting citizens will choose the |! | period for exercising.
In any case, the office of mayor shall only be |! | exercised in each period by the same Councillor.
Anyone who is the form of election of the Mayor, |! | its mandate will be irrevocable, without prejudice of thing |! | provided for in article 51.
Article 103-within two days to |! | one in which its decision is firm, the Court |! | Electoral Regional will send a certified copy of the |! | relevant part of the same and the complementary Act of |! | Proclamation, in what refers to the respective |! | communes, the Mayor and the municipal Secretary of each |! | one of the municipalities of the province. It shall communicate, |! | at the same time, his proclamation to each of the |! | elected candidates.
A copy complete failure and its acta |! | complementary shall be sent, in addition, by President |! | of the respective Regional Electoral Tribunal, Minister |! | of the Interior and the Director of the Electoral service, with |! | the object of taking knowledge of the term of the |! | municipal electoral process. "."
25 Introducense, title IV, of the |! | Communal plebiscites, that it becomes title VI, the |! | (siguientes modificaciones: a) replacing article 82, which happens to be 104, |! | by the following: "article 104.-the Mayor, the Council agreement |! |" or at the request of registered citizens in the |! | the commune electoral records, submit to |! | I plebiscite matters of local administration |! | relating to specific development investment |! | community, in accordance with the procedure laid down in |! | the following articles. "."
(b) replace article 83, which happens to be 105, |! | by the following: ' article 105-registered citizens in the |! | " electoral registers of the respective commune may |! | ask the Mayor carry out a plebiscite |! | on the matters referred to in the preceding article. |!| For these purposes, must concur with your signature, before |! | notary public or official of the Civil Registry, at least |! | 15% of citizens registered to December 31 |! | last year, that percentage must be accredited |! | by a certificate issued by the Regional Director |! | Electoral service. "."
(c) replace article 84, which happens to be 106, |! | by the following: ' article 106-within tenth day of adopted the |! | " agreement of the Council or officially received the |! | requirement citizen under the terms of the article |! | earlier, the Mayor will issue a decree to convene to |! | plebiscite. The decree will be published, within the |! | fifteen days of its enactment, in the journal |! | Official and a newspaper with the largest circulation in |! | the commune. Also be disseminated through notices |! | posted in communal headquarters and in other public places.
The decree will contain the or issues subject to |! | plebiscite. In addition, will indicate the date of its completion, |! | and must be made, in any case, not before 1960s |! | days or after ninety days from the |! | publication of the decree in the official journal.
The results of the referendum will be binding for |! | the municipal authority, whenever you vote on it more than the |! | 50% of citizens entered in the registers |! | electoral commune.
Electoral registration in the commune |! | respective will be suspended from the day following the date |! | in that publication in the official journal Decree |! | mayoral that summon plebiscite and will resume |! | from the first working day of the month subsequent to the |! | date on which the election qualifier Tribunal |! | inform the Director of the Electoral term |! | qualification of the referendum process.
In the field of municipal referendums, there will be no |! | place to propaganda electoral television and not be |! | apply the precepts contained in articles 31 |! | and 31 bis of the law of organic constitutional envelope |! | Popular votes and ballots. "."
(d) replace article 85, which happens to be 107, |! | by the following: ' article 107.-in no case shall be entered into more |! | " a plebiscite in a same province, within the |! | same calendar month.
The Regional Director of the Electoral service |! | programming must be determined with the respective mayors |! | of the referendums, so that between one and the other medien, |! | at least thirty days. "."
(c) replace the subparagraph first of article 86, |! | that happens to be article 108, by the following: "not convoke a plebiscite within the year |! |" precedes any popular vote. "."
(f) replace article 87, which happens to be 109, |! | by the following: ' article 109.-the cost of the plebiscites |! | " community will be in charge of the municipality |! | respective. "."
(g) be added to article 88, which happens to be 110, the |! | following second paragraph.
"In any case, there is no designation of |! |" Proxy in communal plebiscites. "."
26 Add the following title VII, new: "Title VII of corporations, foundations and associations municipal paragraph 1 ° |! |" Corporations and municipal foundations |! | Article 111-One or more municipalities may |! | establish or participate in corporations or foundations |! | private law, non-profit, intended to the |! | promotion and dissemination of art and culture.
These individuals will constitute and be governed |! | by the standards of title XXXIII of the first book of the |! | Civil Code, without prejudice to the provisions |! | Special contained in this law.
Article 112-Corporations and foundations to |! | referred to in this paragraph can be given by one or more |! | legal persons of private law or with other |! | public sector entities.
In any case, the creation or municipal participation |! | These entities must be approved by the Council.
Article 113-The posts of Directors of the |! | corporations and foundations that constitute the |! | municipalities will not give rise to any emolument by |! | their performance.
In addition, between artistic and cultural weekends |! | that intends to the entity, in no case be |! | you will understand the management and operation of |! | child care or educational establishments.
Article 114-Municipalities may confer |! | contributions and subsidies to corporations and foundations |! | of which part, without prejudice to the provisions in the |! | Article 55, letter g).
In any case municipalities can warn |! | commitments made by these entities.
Article 115-Corporations and foundations of |! | municipal participation must pay semi-annually |! | account documented to the respective municipalities |! | about their activities and the use of its resources. Thing |! | above shall be without prejudice to the control that |! | You can exercise the Council with respect to the use of the contributions |! | or municipal grants.
Article 116-Staff who work in the |! | corporations and foundations of municipal participation |! | be governed by the labor and social security rules of the |! | private sector.
Article 117.-The Comptroller General of the |! | Republic supervise these entities, in accordance with |! | the powers conferred by article 25 of the law |! | organic.

Paragraph 2 ° |! | Associations of municipalities |! | Article 118-Two or more municipalities, |! | belong or not to the same province or region may |! | form local associations for the purposes of |! | facilitate the resolution of problems that are common or |! | make the best use of resources |! | available.
These associations may have intended: to) the attention of common services;
(b) the implementation of local development projects;
(c) the strengthening of the instruments of |! | management;
(d) the realization of programs linked to the |! | protection of the environment, tourism, health or |! | at the other end that belong to them;
(c) the training and development of the |! | (personal municipal, y f) coordination with national institutions and |! | International, in order to improve the regime |! | municipal.
Article 119-The conventions concluded the |! | municipalities to create municipal associations |! | (deberán consultar, entre otros aspectos, los siguientes: a) specification of the obligations which assume |! | the respective partners;
(b) the financial contributions and other resources |! | materials that each municipality will provide to give |! | compliance with the agreed tasks;
((c) the staff to be disposed to the effect, and d) the municipality which will be responsible for the |! | Administration and management of the services be |! | provide u works running.
These conventions shall require the agreement of the |! | respective Councils.
Article 120.-The funds required for the |! | operation of the associations, to the extent that |! | corresponds to the municipal contribution, shall be entered in the |! | respective municipal budgets. The municipalities |! | Associates may not secure or guarantee the |! | financial commitments to partnerships |! | and these do not give rise to any collection action against |! | those.
(Respecto deel personal mencionado en la letra c) of the |! | previous article, not be governed by the time limitation |! | for service needed commissions |! | order, in the case of municipal staff.
Article 121-No Corporation, Foundation or |! | municipal Association, created or arising by virtue of |! | This or other laws, may contract loans.
Article 121 bis.-the rules established in the |! | This title, as well as the rules that they are |! | forwards, they do not apply to cultural corporations |! | dependent of legally constituted municipalities |! | and in operation to the date of entry into force of this law, |! | or to the entities that depend on them. Such |! | Cultural corporations and their subsidiaries |! | they will continue to be governed by legal regulations and |! | regulations that governed them until that date. "."
27 added to article 91 of the end title, than |! | becomes article 124, the following second paragraph, |! | New: "However, allocated days deadlines in the |! |" (artículos 52, 68, letra c), 69 and 77 D, as well as in the |! | Title V "municipal elections", will be days |! | corridos. "."
28. the current articles 89, 90 and 92 of the title |! | Ultimately become Articles 122, 123 and 125, |! | respectively, unchanged.