01, 1992 (January 28)
Official Gazette No. 40307 of January 28, 1992
By which is provided to the organization and functioning of local administrative boards in the Capital District
Summary Effective Notes
THE CONGRESS OF COLOMBIA,
DECREES: CHAPTER I.
ARTICLE 1o. The District Council at the initiative of Mayor, divide the territory of the Capital District in urban and rural areas, according to the social characteristics of its inhabitants and make the corresponding allocation of powers and functions, in order to promote the organization and participation community management, delivery and management of public services; the realization of local infrastructure and overall community benefit programs.
. The District Council at the initiative of Mayor, point to the locations your name, boundaries, administrative powers, and issue other regulations necessary for their organization and operation. The Council, at the initiative of Mayor you can create, delete and merge towns, like changing the status and regime has been issued for them.
ARTICLE 3. Each locality shall be subject to the authority of the Mayor, a Local Administrative Board and the respective local mayor. Local authorities responsible management of their own affairs in their territory and district authorities, it is for them to ensure the harmonious and integrated development of the city and the efficient delivery of services by the Capital District.
ARTICLE 4. The division of the territory of the Capital District in localities, will adhere to the following criteria:
a) The urban areas have not less than three hundred thousand (300,000) inhabitants. For rural areas not taken into account their population, but its physiographic, agricultural, ecological, social characteristics and condition of its agricultural and livestock resource.
B) basic coverage, community and institutional services.
C) social characteristics of the inhabitants.
The 5th ITEM. The District Council at the initiative of Mayor will make the distribution of functions and administrative powers between the district and local authorities, taking into account the principles of competition, subsidiarity and complementarity, and the following general rules:
a) The allocation of powers local authorities will seek greater efficiency in the delivery of services.
B) The exercise of functions by local authorities must conform to the goals and provisions of the general development plan for the District.
C) In the allocation and delegation of authority duplication of functions and administrative organizations should be avoided.
D) may not be fixed responsibilities without allocating resources for care.
ARTICLE 6o. The local administrative bodies are public corporations that are popularly elected for three-year periods.
The District Council determined by the population of the localities, the number of elected representatives of each Board Administrator, which shall not be less than seven.
Each locality chooses their respective Local Administrative Board.
For the provisions of this Article the District Registrar of Civil Status will match the internal electoral division of the Capital District with its territorial division locations.
Paragraph. The local administrative bodies that are elected in the elections of in 1992 (1992) complete their period thirty-one (31) of December in 1994 (1994).
ARTICLE 7. In the voting carried out for the election of management boards may participate only citizens who are part of the electoral roll for each locality established by the competent authorities.
Article 8. To be elected mayor or appointed Local Mayor is required to be an active citizen and have resided or performed any professional, industrial, commercial or labor activity in the respective locality for at least one year, immediately preceding the date of the election or appointment.
Disabilities, INCOMPATIBILITIES AND PROHIBITIONS.
Article 9. They may not be elected officials who:
1. They have been sentenced to deprivation of liberty, except in cases of culpable or political offenses.
2. They have been punished with the penalty of dismissal from public office, or are temporarily or permanently excluded from the exercise of a profession at the time of registration or election.
3. They have lost the investiture of members in a popular election Corporation.
4. Within three (3) months prior to the election have been served as public employees, have been members of the Board of Capital District decentralized entity.
5. Within three (3) days prior to the date of the election months have intervened in business management or holding contracts with the Capital District or its entities or have run, in the territory of its contract with a public body District of any level.
6. They are spouses, permanent companions or relatives within the second degree of consanguinity, affinity, or first civil of Councilors, members of the boards of the decentralized entities District or district officials exercising political or civil authority .
ARTICLE 10. The deputies not have alternates. His absolute absences will be filled by unelected candidates in order of registration in the corresponding list.
It is absolute faults: death, resignation accepted by the Mayor, the loss of political rights, interdiction exercise of public functions and accepting any official position or job.
ARTICLE 11. The aldermen may not:
1. Make the boards or boards of the decentralized entities of the Capital District.
2. Manage in their own or another name issues before public entities of any order or to the people who administer taxes; be authorized signatories to the same or celebrate with them by themselves or through intermediaries any contract, except actions related to the goods and services offered by public entities on equal terms to all citizens.
OF THE FUNCTIONS OR POWERS.
ARTICLE 12. It is up to local administrative bodies:
1. Take the local development plan in accordance with the general plan for economic and social development and public works of the Capital District.
2. Monitor and control the delivery of district services in their locality and the investments made with public funds.
3. Formulate investment proposals to the national, departmental and district authorities in the preparation of the respective investment plans.
4. Distribute the global headings assigned by the district budget.
5. Exercise the functions delegated to them by the council and other authorities.
6. Perform the functions on public services, construction work and exercise of state powers assigned by law and delegated to them by national and district authorities.
7. Prepare and mail to the Mayor the short list of which will be named the corresponding Local Mayor.
8. Promote forms of citizen participation under the Constitution and the law.
9. Submit to the District Council draft agreements, which are not the exclusive initiative of Mayor.
10. Monitor the implementation of contracts in the area of the town, and generally make to the competent authorities the recommendations deemed appropriate to improve the development of such contracts. In performing this function, the councilors have the right to request and obtain copies of reports and documents required for the monitoring of these contracts.
11. District authorities request the development and execution of works in their locality.
12. Issuing its rules of procedure in accordance with the provisions in force.
13. Promote recovery necessary for the protection and development of natural resources and the environment of the local campaigns.
14. The others vested in the National Constitution, the law and the District Agreements.
ARTICLE 13. The District Council, the Mayor and other district authorities may delegate the exercise of the functions allocated to them in the management boards and local mayors.
CHAPTER V. OPERATION.
local administrative bodies will each year, four (4) regular sessions as well: From January 15 to the last day of February and during the months of April, July and October, the latter periods are extended up to ten (10) days. Local Mayor may convene special meetings for the period and matters determined.
Transient PARÁGRAFO. Boards that are chosen in the elections of 1992, in session from the first of July of the same year.
ARTICLE 15. The deputies shall take office at the beginning of the corresponding ordinary session, following its election.
The Local Mayor install and will close the regular and special sessions of the local administrative bodies and will render assistance for the proper functioning of the same.
ARTICLE 16. The meetings held outside the place designated as the official headquarters of the Boards, are invalid.
Local mayors, in coordination with district authorities provide the conducive to timely assign the site that will host for meetings of local administrative bodies.
ARTICLE 17. To discuss the local administrative bodies require the presence of at least one quarter of its members. To decide the attendance of the majority of its members is necessary. Their decisions will be taken by the affirmative vote of the majority of the attendees.
ARTICLE 18. Acts of the Administrative Boards, Local Resolutions are referred; It decrees the Local Mayors, and publication will be made in the official organs of disclosure of the Capital District.
ARTICLE 19. Local may submit draft resolutions to the Administrative Boards aldermen, the corresponding Local Mayor and civic organizations or community participation.
ARTICLE 20. Any proposed local resolution should refer to the same subject and be inadmissible provisions or modifications not relate to it. The chair of the Board may reject initiatives that violate this provision.
ARTICLE 21. To make a project Local Resolution should be approved in two debates held on different days. You must also have been sanctioned by the Local Mayor and published.
ARTICLE 22. Meetings may integrate responsible standing committees report back for first and second discussion draft resolution Local, according to the affairs or business they know and content of the project. If such fees are not there Were created or integrated reports by the mayor or aldermen that the president of the Corporation for such purpose name surrender.
All mayor should be part of a commission and may belong to two or more standing committees.
ARTICLE 23. Projects not receive approval at least in a debate during any period of regular or special sessions will be filed, and for the Board to rule on them must be resubmitted.
ARTICLE 24. Approved on second reading a draft resolution will pass the local mayor for assent, who may object on grounds of inconvenience or be contrary to the Constitution, the law or the District Agreements within the non-extendable term of five days after its receipt.
If the Local Mayor, once after that term has not returned the disputed project, must approve it and promulgate.
If the Board otherwise end its session within the period specified, the local mayor, shall convene to decide on any objections formulated. The summons shall within three (3) days following the date of the objections and term of not less than two (2) years.
ARTICLE 25. The sanction Mayor unable to present new objections to the draft considered by the Board it be approved. However, if the Board rejects the objections for violation of the Constitution, the law or the District Agreements, the project will be sent by the mayor to the Administrative Tribunal, within five (5) days, accompanied by a letter containing the requirements set forth in paragraphs 2 to 5 of Article 137 of the Administrative Code (Decree 01 of 1984). The Court decided according to the procedure set forth in Article 121 of the Code of Municipalities.
ARTICLE 26. Within three (3) days after the day of the sanction, the local mayor send a copy of the resolution to the Mayor for legal review. The review here ordered not suspend the effects of local Resolutions.
ARTICLE 27. If the Mayor finds that the Resolution is contrary to the Constitution, the law or the District Agreements, forward it within ten (10) days after the date on which you received it, the Administrative Court for a decision on its validity. In this case the procedure ordained in Article 25 of this Law shall be observed.
are null the resolutions issued in contravention of the provisions of the Constitution, laws, Agreements and other acts of the higher district authorities.
ARTICLE 29. The Mayor, Comptroller, the Representative, the Secretaries of the Office, Administrative Department Directors and Managers Decentralized Institutions of the District shall be invited by the Administrative Boards sessions in which those officials ask to be heard.
The Secretaries and Directors of Administrative Department may be cited with five (5) days prior to answer the questionnaire concluded that the Board approve.
OF LOCAL MAYORS.
ARTICLE 30. Local mayors will be appointed by the Mayor for periods of three (3) years, of prepared and sent by the relevant Board Administrator short list. For the integration of the three candidates the electoral quotient system will be used. Its development will take place within eight (8) early days of the first session of the Board for.
Transient PARÁGRAFO. Local Mayors are appointed in ninth and two in 1900 (1992), his term will end thirty-one (31) of December in 1994 (1994).
Article 31 may not be appointed local mayors, who are in either of the disqualifications referred to in paragraphs 1, 2, 3, 5, 6, Article 9,.
ARTICLE 32. Any misconduct of Local mayors will be filled, by whom, for this purpose designated by the Mayor. In the first case, request the respective Board preparing the corresponding three candidates for the remaining period. If it be not found in session, will convene the special session for that purpose.
ARTICLE 33. In the cases and for the reasons stated in the law for public officials, the Mayor suspend or dismiss local mayors accordance with the procedure established by the law.
ARTICLE 34. It is for the local mayors:
1o. Perform the functions set them or delegate the District Council, the Mayor and other authorities.
2o. Comply with and enforce the resolutions of the Board for Administradora for which it may regulate its provisions.
3o. Ensure peace and citizen security, protect the lives, honor and property of people and enforce their rights, guarantees and freedoms. Under current regulations, maintain law and order in their locality, and with the help of national authorities and district reset when it has been disturbed.
4o. Monitor compliance with the current regulations on urban development, land use and urban reform, and according to them, grant or refuse licenses, authorizations, permits and operating patents requested by individuals. Their decisions in this matter will be appealed by the parties concerned to the Chief of Administrative Department of Planning or person acting within three (3) days after the day of issue.
5O. Dictate acts and execute the operations necessary for the recovery and conservation of public space, cultural heritage and monuments of the city.
6o. Promote and implement the actions it deems necessary to ensure the protection, restoration and conservation of natural resources and the environment.
The 7th. Grant or refuse according to the relevant rules of police permits for conducting games, raffles and public spectacles.
The 8th. Monitor and control the provision of services, construction works and the exercise of public functions by state authorities or private persons.
PARÁGRAFO. Copies of all decisions and orders handed down by the local mayors will be forwarded to the Mayor within three (3) days after the day of issue.
ARTICLE 35. From the fiscal year of in 1993 (1993), no less than ten percent (10%) of budget revenues of the central administration of the Capital District will be allocated to localities taking into account the unmet basic needs of the population of each of them, according to the indices for the purpose by the Administrative Department of city Planning.
The amount determined in this article will be increased annually and cumulatively at two percent (2%) to reach at least twenty percent (20%) in the fiscal year of in 1998 (1998).
Transient PARÁGRAFO. During the fiscal year of in 1992 (1992) allocation referred to this Article shall be equal to two percent (2%) of the budget revenues of the Central Administration of the Capital District. Authorize the Mayor to make the budget as may be appropriate in order to comply with this provision transfers.
ARTICLE 36. The overall allocation under the previous article is done in the district budget for each location will be distributed and appropriated by the relevant Board Administrator. To this end, it will meet ordinarily between eleven (11) and twenty (20) of December of each year.
PARÁGRAFO. Distribution and appropriation for in 1992 (1992) will make the boards during the sessions of July of the same year.
ARTICLE 37. Believe in each of the towns a development fund to finance the provision of services and construction works of competition of local administrative bodies. The name of the Funds shall accompany the name of the respective locality.
ARTICLE 38. The resources of each fund:
a) The amounts under Article 35 of this Law are allocated to the respective locality;
B) The amounts than any other title is appropriated for the corresponding location in the Capital District budget and the decentralized entities Bogotá or any other public entity;
C) The result of operations carried out and the other assets acquired as a legal entity.
ARTICLE 39. The respective Local Mayor will be the Legal Representative of the Fund. It will act as the Board of Directors the corresponding Local Administrative Board. The Mayor shall issue the status of the Funds.
Charged to the fund's resources will not be covered staff costs. Technical and administrative provisions necessary for normal operation functions will be fulfilled by officials that the Mayor and other district entities made available to the respective locality.