128 OF 1994
Official Journal No. 41.236 of 23 February 1994
42 of Law 1625 of 2013 >
For which the Organic Law of the Metropolitan Areas is issued
I. OBJECT, NATURE, HEADQUARTERS AND FUNCTIONS.
ARTICLE 1o. OBJECT. 42 of Law 1625 of 2013 > The Metropolitan Areas are administrative entities formed by a set of two or more municipalities integrated around a nucleus or metropolis municipality, linked by close relationships of physical, economic and social order, which for the programming and coordination of its development and for the rational delivery of its public services requires a coordinated administration.
ARTICLE 2o. LEGAL NATURE. 42 of Law 1625 of 2013 > The Metropolitan Areas are endowed with legal personality of public law, administrative autonomy, own property authorities and special regime.
ARTICLE 3o. JURISDICTION AND DOMICILE. 42 of Law 1625 of 2013 > The jurisdiction of the Metropolitan Area shall comprise the territory of the municipalities that make up the jurisdiction. The headquarters of the municipality is the capital of the department, which will be called a nucleus municipality.
When among the municipalities that make up the area there is no capital of the department, the municipality will be the one with the greatest number of inhabitants.
ARTICLE 4. FUNTIONS. 42 of Law 1625 of 2013 > They are functions of the Metropolitan Areas, among others, the following:
1a. To program and coordinate the harmonious and integrated development of the territory placed under its jurisdiction.
2a. To rationalize the provision of public services by the municipalities that make up the public services, and if so, to lend in common to one of them.
3a. Execute works of metropolitan interest.
II. OF THE CONSTITUTION OF METROPOLITAN AREAS
AND ITS RELATIONSHIP WITH THE MEMBER MUNICIPALITIES.
ARTICLE 5o. CONSTITUTION. 42 of Law 1625 of 2013 > When two or more municipalities form a set with characteristics of metropolitan area they may be constituted as such according to the following rules:
1a. They will have the initiative to promote the creation of the mayors of the municipalities concerned, the third of the councilors of these municipalities, or the five percent (5%) of the citizens who make up the total electoral census of the municipalities. municipalities.
2a. The promoters of the Metropolitan Area will draw up the draft constitution for a new administrative entity, where at least the following aspects are needed: municipalities that would integrate the area; the municipality or the city; creation.
3a. The project will be submitted to the Registry of the Civil State so that, within ten working days following the date of receipt, it will publish and disseminate it for the purpose of being discussed at length.
4a. The Registrar shall convene a popular consultation for a given date which shall be after a minimum of three months from the day the project was advertised and which shall coincide with the dates provided for municipal consultations. in the statutory law on mechanisms for citizen participation. The Civil State Registry will provide the necessary means for the organization of the popular consultation.
5a. The text of the draft constitution of the Metropolitan Area will be submitted to popular consultation, which will be understood as approved by the affirmative vote of the majority of the suffragants. It will only be possible to convene once again a popular consultation, on the same subject, when the Municipal Councils have been renewed.
6a. The popular consultation and if the result is favorable the mayors and the presidents of the respective Municipal Councils will protocolize the formation of the Area in a period not greater than thirty days and will define their attributions, financing and authorities in accordance with this Law, in the Notary First of the municipality's core or metropolis, as well as the general functions that the metropolitan entity will fulfill, particularly in terms of planning, works, public services and development works economic and social.
PARAGRAFO 1o. When it comes to annexing one or more neighboring municipalities to an existing Metropolitan Area, popular query will be called. Its approval will be made by an absolute majority of votes in each of the neighboring municipalities interested in the annexation, by means of the turnout of at least a quarter of the population registered in the respective electoral census.
The initiative to propose the annexation will have it, in addition to those indicated in this article by the Governor of the corresponding Department or the Metropolitan Board, according to a decision taken by an absolute majority.
The connection of the new or new municipalities to the Area, in this case, will be protocolized by the Mayor or Mayors and President or Presidents of the Councils of the entities that enter, and the Metropolitan Mayor.
PARAGRAFO 2o. Once the creation of the Area has been approved, or the annexation of new municipalities to an existing Area, the Mayors or Presidents of Councils that hinder the protocolization ordered by this rule will incur cause of malfeasance punishable or with dismissal.
PARAGRAFO 3o. The already constituted Metropolitan Areas will remain in force without the full of the requirements outlined in this article for their creation and will continue to operate with the privileges, funding and authorities. established in this Law.
ARTICLE 6o. RELATIONS BETWEEN THE METROPOLITAN AREA AND THE MEMBER MUNICIPALITIES. 42 of Law 1625 of 2013 > The Metropolitan Areas within the jurisdiction that the Constitution and the law confer upon them, will only be able to deal with the regulation of metropolitan events. The facts that the Metropolitan Board considers simultaneously and essentially affect at least two of the municipalities that integrate it as a consequence of the conurbation phenomenon are determined as metropolitan areas.
III. OF THE MANAGEMENT AND ADMINISTRATIVE BODIES.
ARTICLE 7o. MANAGEMENT AND ADMINISTRATION BODIES. 42 of Law 1625 of 2013 > The Management and Administration of the Metropolitan Area will be in charge of a Metropolitan Board, a Metropolitan Mayor, a Manager and the technical units that according to its statutes were essential for the performance of their duties.
ARTICLE 8o. METROPOLITAN BOARD. 42 of Law 1625 of 2013 > The Metropolitan Board shall be composed of the following members:
1. The mayors of each of the municipalities that make up the city.
2. The Governor of the Department or the Secretary or Head of Departmental Planning as your representative.
3. A representative of the Council of the Municipality constituting the main core.
4. A representative of the Councils of Municipalities other than the nucleus, elected within the Presidents of the respective Municipal Councils.
The Metropolitan Mayor, within thirty (30) days of the installation of the Councils, will summon his Presidents to hold this election.
If this call does not occur, the Presidents of the Councils that represent at least the third of the municipalities that make up the Area will be able to do so.
PARAGRAFO 1o. The Metropolitan Board will be chaired by the Metropolitan Mayor.
PARAGRAFO 2o. In the event that the Metropolitan Area is made up of municipalities belonging to more than one department, the corresponding Governors or the Secretaries or Heads of the Board shall be part of the Board. Department Planning.
ARTICLE 9o. PERIOD. 42 of Law 1625 of 2013 > The period of the members of the Metropolitan Board will coincide with the period for which they were popularly elected.
ARTICLE 10. INABILITIES AND INCOMPATIBILITIES. 42 of Law 1625 of 2013 > To the members of the Metropolitan Board are applicable, in addition to those expressly mentioned in the law, the inabilities, incompatibilities and conflicts of interest for Mayors and Councillors.
ARTICLE 11. SESIONS. 42 of Law 1625 of 2013 > The Metropolitan Board shall meet in ordinary sessions at least once a month and when requested by the Metropolitan Mayor, the Manager or the third party of its members.
PARAGRAFO. In all cases where you consider it appropriate or necessary, the Metropolitan Board, with the express authorization of the President of the same, may invite persons from the public or private sector to attend with a voice but without vote for your sessions.
ARTICLE 12. INITIATIVE. 42 of Law 1625 of 2013 > The Metropolitan Agreements may have origin in the members of the Metropolitan Board the legal representative of the Area, the councilors of the municipalities that make up the area, and in the Popular initiative pursuant to article 155 of the National Constitution.
However, only the draft Agreements that correspond to the investment plans for development, annual revenue and expenditure budget, administrative structure and plant of charges may be presented by the legal representative.
ARTICLE 13. QUORUM AND VOTE. 42 of Law 1625 of 2013 > The Metropolitan Board may be validly sessioned with the majority of its members and its decisions shall be taken by the absolute majority of its members in the draft exclusive initiative.
PARAGRAFO. The approval of the Metropolitan Development Plan, the Investment Plan, and the Annual Budget of the Rentas and Expenses of the Area will have to be done with the affirmative vote of the Metropolitan Mayor.
The non-approval of these initiatives in the terms laid down in the law empowers the Metropolitan Mayor to put in place the due and timely projects presented.
ARTICLE 14. BASIC PRIVILEGES OF THE METROPOLITAN BOARD. 42 of Law 1625 of 2013 > The Metropolitan Board shall have the following basic privileges:
A. Planning. Adopt the Comprehensive Metropolitan Development Plan, as well as dictate, at the initiative of the Manager and subject to the Organic Law of Planning if it has already been issued, the mandatory rules, and to point out in them the objectives and criteria to be met by the Municipal Councils for the following purposes:
1. Adopt the Comprehensive Municipal Development Plan, in accordance with the Organic Law of Planning.
The Comprehensive Metropolitan Development Plan as regards metropolitan events will prevail over the plans adopted by the municipalities that make up the Area.
2. Lay down rules on urban and rural land use in the municipality and define the necessary mechanisms to ensure their compliance.
3. Adopt the road plan and the master plans for municipal services and works.
4. Fix the urban, suburban and sanitary perimeter of the municipality.
B. Public works and housing.
1. Declare public or social interest to be those urban, suburban and rural buildings necessary to meet the needs of the Comprehensive Metropolitan Development Plan, as well as to initiate the process of expropriation of compliance with the relevant rules.
2. To affect those buildings that are necessary for the realization of a public work contemplated in the Integral Plan of Metropolitan Development.
3. The national housing system of social interest shall be coordinated in its respective territory in accordance with the provisions of Articles 4 or 4. and 17 of Law 3a. of 1991.
C. Natural resources and environmental management and conservation. Adopt, if there are no Regional Autonomous Corporations in the totality of its jurisdiction, a metropolitan plan for the protection of natural resources and defense of the environment, compliance with the laws and regulations on the matter.
D. Provision of public services.
1. To determine which services are of a metropolitan nature and to take the necessary measures for their proper delivery.
2. To authorize the participation of the Metropolitan Area in the constitution of public or private entities for the provision of public services.
3. Other than in the field of public services assign the law or the statutes.
1. To issue the General Statute of the Metropolitan Valorization to establish, distribute, execute, collect, liquidate and invest the valorization contributions generated by the metropolitan works and to define the authorities responsible for its implementation according to the law.
2. To provide for the execution of the metropolitan works.
F. Tax order.
1. To make recommendations on fiscal and financial policy for the municipalities in the area, in particular by ensuring the unification of local tax rates.
2. Establish policies and criteria for the unification and integral management of the cadastre system.
3. Approve the Annual Investment Plan and Budget of the Area.
G. Administrative order.
1. In accordance with the law, establish the limits, nature and amount within which the Manager can conclude contracts, as well as to point out the cases in which it requires obtaining prior authorization from the Board for the exercise of this faculty.
2. Authorize the Manager to negotiate loans, contracts of public trust and the execution of works by the concession system according to the law.
3. Modify the statutes of the Metropolitan Area.
4. Approve the staff plant of the employees at the service of the Metropolitan Area, as well as the corresponding remuneration scales.
5. The others who assign the law to you.
ARTICLE 15. OTHER PRIVILEGES OF THE METROPOLITAN BOARDS. 42 of Law 1625 of 2013 > In addition to the functions provided for in the previous article, the statutes of the Metropolitan Area shall define other attributions to be considered The Metropolitan Boards should be assumed within the limits of the Constitution and the law, provided they are about metropolitan facts.
ARTICLE 16. METROPOLITAN MAYOR. 42 of Law 1625 of 2013 > The Mayor of the central municipality or metropolis will be referred to as the Metropolitan Mayor.
ARTICLE 17. METROPOLITAN MAYOR ' S ATTRIBUTIONS. 42 of Law 1625 of 2013 > The Metropolitan Mayor will exercise the following powers:
1. Enforce the Constitution, the law and the Metropolitan Board Agreements.
2. To regulate through Decrees the Agreements issued by the Metropolitan Board.
3. Present to the Metropolitan Board the Projects of Agreement of their competence for the normal development of the metropolitan management.
4. Convene extraordinary sessions to the Metropolitan Board and chair them.
5. Present to the Metropolitan Boards a third of candidates to be chosen by the Manager.
6. Delegate to the Manager other functions to be determined by the Metropolitan Board.
7. To sanction or submit to the review of the Administrative Contentious Tribunal the metropolitan agreements, when it considers it contrary to the legal order. For the exercise of this function, the Metropolitan Mayor will have eight days if these are agreements that do not consist of more than twenty articles and 15 days if they are more extensive.
8. The others who assign you the law and the statutes of the Area.
ARTICLE 18. GERENT. 42 of Law 1625 of 2013 > The Manager is a public employee of the Area, will be his legal representative and his election will correspond to the Metropolitan Board of Terna present to him by the Metropolitan Mayor within the ten days following the filing of the vacancy.
If the Board does not appoint the Manager within thirty days following the presentation of the term, the Metropolitan Mayor will do so.
The Manager is free to remove the Metropolitan Mayor, must have a university degree, and credit administrative experience, in charge of management in the public or private sector for more than five years.
ARTICLE 19. MANAGER FUNCTIONS. 42 of Law 1625 of 2013 > The Area Manager will perform the following functions:
1. Ensure the implementation of the Comprehensive Metropolitan Development Plan.
2. To link and remove the staff of the Metropolitan Area, subject to the rules in force.
3. To direct the administrative action of the Metropolitan Area, subject to the law and the metropolitan agreements.
4. To conclude the contracts necessary for the administration of the services, the execution of metropolitan works and, in general, for the good performance and fulfilment of the functions of the Area, subject to the provisions of the General Staff Regulations Contracting the Public Administration and the authorizations, limits and amounts to be set by the Metropolitan Board.
5. In accordance with the rules in force, establish the administrative manuals for internal procedures and the controls necessary for the proper functioning of the institution.
6. Submit the draft agreement on the Comprehensive Development Plan, Investment Plan and the Budget. The Draft Budget will have to be presented before the first of November for the fiscal year beginning on January 1 of the following year.
7. Submit to the Metropolitan Board the projects of agreement that it deems necessary.
8. To call the Metropolitan Boards to ordinary or extraordinary sessions and to exercise the functions of the secretary of the same, with a right to a voice but without a vote.
PARAGRAFO. The Metropolitan Areas will not be able to allocate more than ten percent (10%) of their annual budget to cover staff costs.
ARTICLE 20. METROPOLITAN PLANNING COUNCIL. 42 of Law 1625 of 2013 > In all the Metropolitan Areas there will be a Metropolitan Planning Council that will be an advisory body to the administrative authorities of the Metropolitan Area for the preparation, elaboration and evaluation of the Area's plans and to recommend adjustments to be made.
The Metropolitan Planning Council will consist of:
a) The Manager who will chair it;
b) The Directors or Heads of Planning of the municipalities in the Area or the representatives of the respective Mayors of the municipalities where the office is not present;
c) The Director or Planning Directors of the respective departments.
Any studies that are required will be done directly by the members of this Board or may be contracted with external advisors.
ARTICLE 21. MEETINGS OF THE METROPOLITAN PLANNING COUNCIL. 42 of Law 1625 of 2013 > The Metropolitan Planning Council will ordinarily session at least one (1) time a month and extraordinarily when it is convened by the Metropolitan Board, the Metropolitan Mayor, the Manager or the third part of its members.
In all cases where you consider it appropriate or necessary, the Metropolitan Planning Council may invite persons from the public or private sector to attend sessions.
IV. WEALTH AND INCOME.
ARTICLE 22. HERITAGE. 42 of Law 1625 of 2013 > The wealth and income of the Metropolitan Area shall consist of:
a) The product of the two per thousand (2 x 1,000) surcharge on the cadastral avaluy of the properties located within the jurisdiction of each Metropolitan Area;
(b) The sums collected by way of the recovery contribution for metropolitan works;
(c) The rights or fees that they may receive for the provision of metropolitan public services;
d) Budget items to be allocated for the Metropolitan Area in national, departmental, district, municipal or decentralised national, departmental, district or municipal budgets;
e) The product or performance of its assets or the disposal of its assets;
f) Resources from credit;
g) Resources that establish laws, ordinances, and agreements;
h) Donations received from public or private entities;
i) The sums you receive for the service delivery contract;
(j) The surcharge on gasoline that is charged within the jurisdiction of each Metropolitan Area in accordance with the provisions of Law 86 of 1989;
k) The revenue the Area receives for the execution of works by concession;
(l) Other movable and immovable property acquired for any title.
PARAGRAFO. The Treasury of each of the municipalities belonging to the Area will open a special account in the name of the respective Metropolitan Area, in which it will record the resources from the surcharge referred to in the literal (a), within the ten (10) days after their collection.
The Municipal Treasurer who fails to comply with this precept will incur misconduct.
ARTICLE 23. Guardrails. 42 of Law 1625 of 2013 > The goods and rents of the Metropolitan Area are of their exclusive property, they enjoy the same guarantees as the property and income of the individuals, and they will not be able to be occupied but in the same terms as private property.
ARTICLE 24. FISCAL CONTROL. 42 of Law 1625 of 2013 > The fiscal control of the Metropolitan Areas formed by municipalities of the same department will be the responsibility of the departmental Comptroller. If the municipalities belong to several departments, the exercise of that control will be the Comptroller General's Office, in the terms of the law.
V. ACTS AND CONTRACTS.
ARTICLE 25. CONTRACTS. 42 of Law 1625 of 2013 > The contracts to be concluded by the Metropolitan Areas shall be subject to the provisions of the General Staff Regulations of Public Administration.
ARTICLE 26. METROPOLITAN ACTS. 42 of Law 1625 of 2013 > The acts of the Metropolitan Board shall be called the Metropolitan Agreements. Those of the Metropolitan Mayor, Metropolitan Decrees, and those of the Manager, Metropolitan Resolutions.
The Metropolitan Agreements and Decrees will be, only in the cases attributed to the Area by the Constitution and the law, of superior hierarchy with respect to the municipal administrative acts within its jurisdiction.
The Metropolitan Area, in matters attributed to it, shall not be subject to the provisions of the assemblies or the governorships of the departments concerned.
ARTICLE 27. JUDICIAL REVIEW. 42 of Law 1625 of 2013 > The judicial review of the acts, contracts, facts and operations of the Metropolitan Areas shall be the jurisdiction of the jurisdiction of the Administrative Contentious corresponding to the department to which the municipality or metropolis belongs, in the terms indicated for the departmental order.
VI. GENERAL PROVISIONS.
ARTICLE 28. CONVERSION IN DISTRICTS. 42 of Law 1625 of 2013 > The existing Metropolitan Areas at the time of issue of this Law and those that are subsequently settled may become districts if approved, in popular consultation citizens resident in the Metropolitan Area by a majority of votes in each of the municipalities that make up them, and whenever they participate in them, at least a quarter of the citizens registered in the electoral census. In this case, the municipalities belonging to the Metropolitan Area will disappear as territorial entities and will be subject to the constitutional and legal norms in force for the localities in accordance with the regime applied to them. Bogota's Capital District of Santafe.
ARTICLE 29. APPLICATION. 42 of Law 1625 of 2013 > Within the year following the validity of this Law, the existing Metropolitan Areas shall reform their statutes and adopt any other measures necessary to adjust them. integrally to its content.
ARTICLE 30. VALIDITY AND REPEAL. 42 of Law 1625 of 2013 > This Law governs from the date of its publication and repeals all provisions that are contrary to it, in particular those contained in articles 348 to 373, of the Municipal Regime Code (Decree-Law 1333 of 1986).
The President of the honorable Senate of the Republic,
JORGE RAMON ELIAS NADER
The Secretary General of the honorable Senate of the Republic,
PEDRO PUMAREJO VEGA
The President of the honorable House of Representatives,
JOSE JATTIN SAFAR
The Secretary General of the honorable House of Representatives,
DIEGO VIVAS TAFUR
Dada en Santafe de Bogota, D.C., a 23 de february de 1994
Publish and execute.
CESAR GAVIRIA TRUJILLO
The Minister of Government,
Fabio Villegas Ramirez.
The Deputy Minister of Finance and Public Credit,
in charge of the
Office of the Minister of Finance and Public Credit,
Hector Jose Cadena Clavijo.
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