LAW 01 OF 1992
Official Journal No. 40,307 of 28 January 1992
180 of Decree 1421 of 1993 >
By which it is provided to the organization and operation of the local administrative boards, in the Capital District
THE CONGRESS OF COLOMBIA,
ARTICLE 1o. The District Council, on the initiative of Mayor Mayor, will divide the territory of the Capital District in urban and rural localities, according to the social characteristics of its inhabitants and carry out the corresponding division of powers and functions, in order to encourage the organization and participation of the community in the management, delivery and administration of public services; local and in general, community benefit programs.
ARTICLE 2o. The District Council at the initiative of the Mayor, will point out to the localities its name, limits, administrative powers, and will dictate the other provisions necessary to its organisation and operation. The Council, on the initiative of Mayor Mayor, may create, delete and merge localities, as well as modify the status and regime that has been issued for them.
ARTICLE 3o. Each locality will be subject to the authority of the Mayor, a Local Administrative Board, and the respective Local Mayor. The local authorities are responsible for the management of their territory's own affairs and for the district authorities, it will be up to them to ensure the harmonious and integrated development of the city and the efficient delivery of the services provided by the district. Capital District.
ARTICLE 4. The division of the territory of the Capital District into localities, will be based on the following criteria:
a) Urban localities will have a population of no less than three hundred thousand (300,000) inhabitants. For rural localities, their population volume will not be taken into account, but their physiographic, agricultural, ecological, social characteristics and the condition of their agricultural and livestock resources will not be taken into account.
b) The coverage of basic, community and institutional services.
c) Social characteristics of the inhabitants.
ARTICLE 5o. The District Council at the initiative of Mayor Mayor will make the distribution of administrative functions and functions between the district and local authorities, taking into account the principles of concurrency, subsidiarity and complementarity, and the following general rules:
(a) The allocation of powers to local authorities will seek a greater degree of efficiency in the provision of services.
b) The exercise of functions by local authorities shall be in accordance with the goals and provisions of the District's overall development plan.
(c) The allocation and delegation of powers should avoid duplication of functions and administrative organisations.
(d) No responsibilities may be established without prior allocation of the resources necessary for their attention.
ARTICLE 6o. Local Administrative Boards are public corporations that will be popularly elected for three-year terms.
The District Council shall determine according to the population of the localities, the number of buildings of each Administrative Board, which shall not be less than seven.
Each locality chooses its respective Local Administrative Board.
For the purpose of this article, the District Registry of the Civil State will coincide with the internal electoral division of the Capital District with its territorial division in localities.
Paragraph. The local administrative boards of the thousand nine hundred and ninety-two (1992) elections will end their period of thirty-one (31) December of a thousand nine hundred and ninety-four (1994).
ARTICLE 7o. In the votes to be held for the election of Administrative Boards, only citizens who participate in the electoral census will be able to participate. competent authorities.
ARTICLE 8o. To be elected or appointed Local Mayor, it is required to be a citizen in exercise and to have resided or performed any professional, industrial, commercial or labor activity in the respective at least for one year, the immediately preceding the date of the election or appointment.
OF INABILITIES, INCOMPATIBILITIES, AND PROHIBITIONS.
ARTICLE 9o. They cannot be edited who:
1. They have been sentenced to a custodial sentence, except in cases of guilty or political crimes.
2. They have been punished with the penalty of removal from public office, or are temporarily or definitively excluded from the exercise of a profession at the time of their registration or election.
3. They have lost the investiture of members in a Corporation of popular choice.
4. Within three (3) months prior to the election they have served as public employees, have been members of a decentralized Capital District Board of Directors.
5. Within three (3) months prior to the date of the election, they have intervened in the business management or in the conclusion of contracts with the Capital District or its entities or have executed, in the territory of the District contract concluded with public body of any level.
6. They are spouses, permanent companions or relatives within the second degree of consanguinity, second of affinity, or first civil of the Councilors, of the members of the Boards of Directors of the decentralized entities of the District, or of the district officials exercising political or civil authority.
ARTICLE 10. The ediles will have no substitutes. Their absolute faults will be filled by the unelected candidates according to the order of registration in the corresponding list.
It is absolute faults: death, resignation accepted by the Mayor, loss of political rights, interdiction of the exercise of public functions and acceptance of any official position or employment.
ARTICLE 11. The ediles will not be able to:
1. To do some of the boards or boards of directors of the decentralized entities of the Capital District.
2. To manage in his own name or foreign affairs to public entities of any order or to persons who administer taxes; to be taken over by them or to celebrate with them by themselves or by any person hired persons, except for actions related to the goods and services offered by public entities on equal terms to all citizens.
OF FUNCTIONS OR ATTRIBUTIONS.
ARTICLE 12. Corresponds to Local Administrative Boards:
1. Adopt the local development plan in accordance with the general economic and social development plan and the public works of the Capital District.
2. Monitor and control the provision of district services in their locality and investments made with public resources.
3. Formulate investment proposals with the national, departmental and district authorities responsible for the development of the respective investment plans.
4. Distribute the global items allocated to them by the district budget.
5. Exercise the functions delegated to them by the Council and other authorities.
6. To fulfill the functions that in the field of public services, construction of works and exercise of state attributions they assign to them the law and they delegate the national and district authorities.
7. Prepare and send the Mayor of the Mayor of the Local Mayor's Office in a timely manner.
8. Promote the forms of citizen participation provided for in the Constitution and the law.
9. Present to the Council District Council projects, other than the private initiative of the Mayor.
10. To monitor the performance of contracts, in the area of the locality, and in general, to formulate to the competent authorities the recommendations that are considered suitable for the best development of these contracts. In exercise of this function, the edités will have the right to request and obtain the reports and copies of the documents they require for the surveillance of these contracts.
11. Ask the district authorities for the development and execution of works in their locality.
12. To issue its rules of procedure in accordance with the provisions in force.
13. To promote the necessary campaigns for the protection and development of natural resources and the environment of the locality.
14. The others that point to you the National Constitution, the law and the District Agreements.
ARTICLE 13. The District Council, Mayor Mayor, and other district authorities may delegate the exercise of the functions that correspond to them in the Administrative Boards and in the Mayors Local.
OF THE FUNCTION.
ARTICLE 14. The Local Administrative Boards will have each year, four (4) regular sessions, as well: From 15 January to the last day of February and during the months of April, July and October, These last periods are extendable for up to ten (10) days. The Local Mayor may convene the extraordinary meetings for the period and matters to be determined.
PARAGRAFO transient. The Boards to be chosen in the 1992 elections will be held from July 1 of the same year.
ARTICLE 15. The edits will be postponed when the corresponding ordinary sessions, following your choice, are started.
The Local Mayor will install and close the ordinary and extraordinary sessions of the Local Administrative Boards and must provide their collaboration for the proper functioning of the Boards.
ARTICLE 16. Meetings outside the site designated as the official site of the Boards are not valid.
The Local Mayors, in coordination with the district authorities, will provide the necessary guidance in order to timely assign the site that will serve as the venue for the meetings of the Local Administrative Boards.
ARTICLE 17. To deliberate the Local Administrative Boards will require the presence of at least a quarter of its members. In order to decide, the assistance of the majority of its members is necessary. Your decisions will be taken with the favorable vote of most attendees.
ARTICLE 18. The Acts of the Administrative Boards, will be called Local Resolutions; those of the Mayors Local Decrees, and their publication will be made in the official organs of the District's disclosure Capital.
ARTICLE 19. They may submit projects of Local Resolutions to the Administrative Boards of the edités, the corresponding Local Mayor and the civic or community participation organizations.
ARTICLE 20. Any local draft resolution must refer to the same subject matter and the provisions or modifications that do not relate to it shall be inadmissible. The Chair of the Board may reject initiatives that violate this provision.
ARTICLE 21. For a project to be Local Resolution should be approved in two debates held on different days. In addition it must have been sanctioned by the Local Mayor and published.
ARTICLE 22. The Boards will be able to integrate permanent commissions charged with reporting for first and second debate to Local Resolution projects, according to the business or business of their knowledge and the content of the project. If such commissions have not been created or integrated the reports shall be rendered by the edil or edited by the Chairman of the Corporation name for that purpose.
All edil must be part of a commission and may belong to two or more permanent commissions.
ARTICLE 23. Projects that do not receive approval at least in a debate during any of the regular or extraordinary sessions will be archived, and for the Board to rule on them must be presented again.
ARTICLE 24. Approved in the second debate a draft resolution will pass to the Local Mayor for his sanction, who may object to it for reasons of inconvenience or to be contrary to the Constitution, the law or District Agreements, within the term of an unextended period of five days following receipt.
If the Local Mayor, after the end of the term, did not return the objectionable project, he must sanction and promulgate it.
If the Board concludes its session within the designated term, the Local Mayor must convene it to decide on objections that it has formulated. The summons shall be issued within three (3) days of the date of the objections and shall be no less than two (2) years.
ARTICLE 25. The Mayor will sanction without being able to raise any new objections to the bill that the Board considers to 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 of following, accompanied by a written document that contains the requirements set out in the numbers 2 to 5 of Article 137 of the Administrative Accounting Code (Decree 01, 1984). The Tribunal will decide in accordance with the procedure outlined in article 121 of the Municipal Regime Code.
ARTICLE 26. Within three (3) days of the sanction, the Local Mayor will send a copy of the Resolution to the Mayor for legal review. The review here ordered does not suspend the effects of Local Resolutions.
ARTICLE 27. If the Mayor Mayor finds that the Resolution is contrary to the Constitution, the law, or the District Agreements, he will forward it, within ten (10) days of the date on which the decision is taken. has received the Tribunal de lo Contencioso Administrativo to decide on its validity. In this case, the procedure ordered in article 25 of this Law will be observed.
ARTICLE 28. The resolutions issued in violation of the provisions of the Constitution, the laws, the Agreements and other acts of the superior district authorities are null and void.
ARTICLE 29. The Mayor, the Comptroller, the Person, the Secretaries of the Office, the Directors of the Administrative Department and the Managers of the Decentralized Entities of the District, will have to be invited by the Administrative Boards to the sessions in which the officials request to be heard.
The Secretaries and Directors of the Administrative Department may be summoned with five (5) days in advance to respond to the signed questionnaire that the Board approves.
OF LOCAL MAYORS.
ARTICLE 30. The Local Mayors will be appointed by the Mayor for three (3) years, a term drawn up and sent by the corresponding Administrative Board. For the integration of the third party, the electoral system will be used. Its elaboration will take place within the initial eight (8) days of the first session of the corresponding Board.
PARAGRAFO transient. The Local Mayors named in a thousand nine hundred and ninth and two (1992), will end their period thirty-one (31) of December of one thousand nine hundred and ninety-four (1994).
ARTICLE 31. They may not be designated Local Mayors, who are included in any of the inabilities referred to in the numerals 1, 2, 3, 5, 6, of the article 9or.
ARTICLE 32. The absolute and temporary faults of the Local Mayors will be filled, for whom, for this purpose, appoint the Mayor. In the first case, it will request from the respective Board the elaboration of the corresponding terna for the rest of the period. If it is not met, it will call for extraordinary sessions for this purpose.
ARTICLE 33. In the cases and for the reasons outlined in the law for public officials, the Mayor will suspend or remove the Local Mayors in accordance with the procedure established by the same law.
ARTICLE 34. Corresponds to Local Mayors:
1o. Fulfill the functions that the District Council, Mayor Mayor, and other authorities will set or delegate to them.
2o. Comply with and enforce the resolutions of the corresponding Administrative Board for which it may regulate its provisions.
3o. To ensure the peace and security of citizens, protect the lives, honor and property of people and enforce their rights, guarantees and freedoms. In accordance with the provisions in force, keep the public order in your locality, and with the help of the national authorities and district authorities, when they are disturbed.
4o. To monitor compliance with the current rules on urban development, land use and urban reform, and agree with them, to issue or deny the licenses, authorizations, permits and operating patents requested by private individuals. Your decisions in this matter will be appealed by the interested parties to the Chief of the Administrative Department of Planning or who will do his or her times within three (3) days of the issue of your expedition.
5o. To issue the acts and carry out the necessary operations for the recovery and conservation of the public space, the cultural heritage and monuments of the locality.
6o. Promote and implement actions that it deems necessary to ensure the protection, recovery and conservation of natural resources and the environment.
7o. To issue or deny according to the corresponding police regulations permits for the performance of games, raffles and public spectacles.
8o. To monitor and control the provision of services, the construction of works and the exercise of public functions by state authorities or private persons.
PARAGRAFO. Copy of all decisions and providences that the Local Mayors dictate will be referred to the Mayor within three (3) days of their issue.
OF THE FONDOS.
ARTICLE 35. As of the fiscal currency of one thousand nine hundred and ninety-three (1993), no less than ten percent (10%) of the revenue from the budget of the central administration of the Capital District assign to the localities taking into account the basic unmet needs of the population of each of them, according to the indices that for the effect establish the Administrative Department of District Planning.
The figure set in this article will increase annually and cumulatively by two percent (2%) to reach at least twenty percent (20%) in the fiscal life of a thousand nine hundred and ninety-eight (1998).
PARAGRAFO transient. During the fiscal period of one thousand nine hundred and ninety-two (1992) the allocation referred to in this article shall be equal to two percent (2%) of the revenue of the budget of the Central Administration of the Capital District. Authorize the Mayor to make the budget transfers to be in order to comply with this provision.
ARTICLE 36. The overall allocation that is made in the district budget for each locality in accordance with the previous article will be distributed and appropriated by the corresponding Administrative Board. To this end, it will be held in an ordinary course between 11 (11) and 20 (20) December each year.
PARAGRAFO. The distribution and appropriation for a thousand nine hundred and ninety-two (1992) will be done by the Juntas during the July sessions of the same year.
ARTICLE 37. Create in each of the localities a development fund for the financing of the provision of services and the construction of the works of competence of the Administrative Boards Local. The name of the Funds shall be accompanied by the name of the respective locality.
ARTICLE 38. These are resources for each fund:
(a) The sums that according to Article 35 of this Law are assigned to the respective locality;
(b) The sums to be appropriated by any other title for the corresponding locality in the budget of the Capital District and in those of the decentralized entities of Santafe of Bogota or any other public entity;
c) The product of the operations you perform and the other assets you acquire as a legal person.
ARTICLE 39. The respective Local Mayor will be the Legal Representative of the Fund. It will make the Board's Board of Directors the corresponding Local Administrative Board. The Mayor will issue the statute of the Funds.
Staff costs will not be borne by the fund's resources. The technical and administrative functions necessary for its normal operation shall be performed by the officials that the Mayor and other district entities make available to the respective locality.
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