ACT 128 OF 1994
Official Gazette No. 41236 of February 23, 1994
Whereby the Organic Law of Metropolitan Areas
Summary Effective Notes is issued
THE CONGRESS OF COLOMBIA DECREES:
I. OBJECT, NATURE, HEADQUARTERS AND FUNCTIONS.
ARTICLE 1o. OBJECT. Metropolitan areas are administrative entities formed by a set of two or more integrated municipalities around a town center or metropolis, linked by close ties of physical, economic and social order, which for the programming and coordination of development and the rational delivery of public services requires a coordinated administration.
. LEGAL NATURE. Metropolitan areas are independent legal entities of public law, administrative autonomy, its own patrimony authorities and special arrangements. Effective Jurisprudence
ARTICLE 3. JURISDICTION AND ADDRESS. The jurisdiction of the Metropolitan Area include the territory of the municipalities that comprise it. It will be held in the city that is capital of the department, which is called core municipality.
When among the municipalities of the Area there is capital of the department, the municipality headquarters shall be the highest number of inhabitants.
ARTICLE 4. FUNCTIONS. The functions of metropolitan areas, among others, the following:
1a. Schedule and coordinate the harmonious and integrated territorial development under its jurisdiction.
2a. Rationalize the provision of public services by municipalities that comprise it, and if necessary, jointly provide some of them.
The 3rd. Execute works of metropolitan interest.
II. CONSTITUTION OF THE METROPOLITAN AREAS
AND ITS RELATIONSHIP WITH PARTICIPATING MUNICIPALITIES.
The 5th ITEM. CONSTITUTION. When two or more municipalities to form a set with characteristics of metropolitan area may be established as such in accordance with the following rules:
1a. Initiative will promote creation Mayors of the municipalities concerned, the third of Councilors of these municipalities, or five percent (5%) of the citizens who make up the electoral roll of the same municipalities totalized.
2a. The promoters of the Metropolitan Area will develop the proposed establishment of new administrative entity, where required, at least the following: municipalities that integrate the area; municipality or metropolitan core; reasons for its creation.
The 3rd. The project will be delivered to the Civil Registry so that, within the date of receipt ten working days, publish and disseminate it for the purpose of widely discussed.
The 4th. The Registrar will convene a referendum for a specific date will be after a minimum of three months from the day publicity for the project was given and which should coincide with the dates set for municipal consultations in the statutory law of citizen participation mechanisms . The Civil Registry will provide the means necessary for the organization of the referendum.
The 5th. The text of the draft constitution of the Metropolitan Area will be submitted to referenda which means approved by the affirmative vote of a majority of the voters. It can only be called to referendum again, on the same subject, when it had renewed the Municipal Councils.
The 6th. Following completion of the referendum and if the result is favorable mayors and presidents of the respective municipal councils protocolizarán shaping the Area within a period not exceeding thirty days and define its powers, funding and authorities in accordance with this Act, the Notary Public first the core or metropolitan municipality and the general functions fulfill the metropolitan body, particularly in terms of planning, construction, utilities and works of economic and social development. PARAGRAPH 1.
. When you try to attach one or more neighboring municipalities to an existing Metropolitan Area, it will be called to referendum. Approval shall be by absolute majority of votes in each of the neighboring municipalities interested in annexation by the concurrence of at least a quarter of the population recorded in the respective electoral census.
The initiative to propose annexing the will, in addition to those indicated in this article the Governor of the relevant department or the Metropolitan Board, according to decision of an absolute majority.
Linking new or new municipalities the area, in this case, will be notarized by the Mayor or Mayors and President or Presidents of the Councils of entities entering, and the Metropolitan Mayor. PARAGRAPH 2.
. Once approved the creation of the Area or the annexation of new municipalities to an existing Area, Mayors and Presidents of Councils that hinder the orderly notarization by this standard shall incur causal of bad conduct sanctionable or dismissal. Effective Jurisprudence
. Metropolitan areas already formed remain in force without fulfilling the requirements outlined in this article for creating and will continue to work with the powers, funding and authorities established by this Act.
Effective Decisions Editor's Notes
ARTICLE 6o. RELATIONS BETWEEN THE METROPOLITAN AREA AND PARTICIPATING MUNICIPALITIES. Metropolitan areas within the sphere of competence that the Constitution and the law gives them, they can only deal with the regulation of metropolitan facts. Metropolitans are determined as those made in the opinion of the Board Metropolitan affect essentially simultaneously and at least two of the municipalities that make up the result of the phenomenon of conurbation.
III. THE BODIES OF MANAGEMENT AND ADMINISTRATION.
ARTICLE 7. ORGANS OF MANAGEMENT AND ADMINISTRATION. The Management and Administration of the Metropolitan Area will be headed by a Board Metropolitana, a Metropolitan Mayor, a Manager and technical units that according to its statutes were indispensable for the performance of their duties. Editor's Notes
Article 8. METROPOLITAN BOARD. The Metropolitan Board shall consist of the following members:
1. Mayors of each of the municipalities within it.
2. The Governor of the Department or the Secretary or Head of Planning Department as its representative.
3. A representative of the Council of the Municipality which constitutes the main core.
4. A representative of the Councils of the municipalities other than the core, elected within the presidents of the respective municipal councils.
The Metropolitan Mayor, within thirty (30) days following the installation of the Councils days, convene its Presidents to conduct this election.
If not occur this call may make the Presidents of the Councils representing at least one third of the municipalities of the Area. PARAGRAPH 1.
. The Metropolitan Board will be chaired by the Metropolitan Mayor. PARAGRAPH 2.
. In the event the Metropolitan Area The person was formed by municipalities belonging to more than one department, they will be part of the Board of Governors or the corresponding Secretaries and Heads of Planning Department.
Article 9. PERIOD. The period of the Metropolitan Board members will coincide with the period for which they were elected popularly.
ineligibility and incompatibility. Members of the Board Metropolitan applicable, in addition to those specifically set forth in the law, the disqualifications, incompatibilities and conflicts of interest governing Mayors and Aldermen.
ARTICLE 11. SESSION
. The Metropolitan Board will meet in regular session at least once a month and when requested by the Metropolitan Mayor, the Manager or a third of its members.
PARÁGRAFO. In all cases where it deems appropriate or necessary, the Metropolitan Board with the express authorization of the President of the same, you may invite persons in the public or private sector to assist with voice but no vote at its meetings.
ARTICLE 12. INITIATIVE. The Metropolitan Agreements may originate in the members of the Board Metropolitan Area's legal representative, the councilors of the municipalities that comprise it, and the popular initiative in accordance with Article 155 of the Constitution.
However, may only be submitted by the legal representative of the draft agreements that apply to the investment plans of development, the annual budget of revenues and expenditures, administrative structure and plant managers.
ARTICLE 13. QUORUM AND VOTING. The Metropolitan Board may meet validly with the majority of its members and decisions shall be taken by an absolute majority of its members exclusive initiative projects.
PARÁGRAFO. The approval of the Metropolitan Development Plan, the Investment Plan and the Annual Budget Revenue and Expenditure Area shall be made by an affirmative vote of the Metropolitan Mayor.
Failure to approve these initiatives under the terms established in the law empowers the Metropolitan Mayor to enforce proper and timely projects presented.
ARTICLE 14. BASIC POWERS OF THE METROPOLITAN BOARD. The Metropolitan Board has the following basic functions:
A. Planning. To adopt the Comprehensive Plan of Metropolitan Development and dictate, initiated by the Manager and subject to the Organic Law of Planning if has already been issued, the general mandatory rules, and point them the objectives and criteria to be followed for the Municipal councils for the following purposes:
1. Adopt the Municipal Comprehensive Development Plan in accordance with the Organic Law of Planning.
The Comprehensive Plan of Metropolitan Development as it relates to the metropolitan facts will prevail over plans to adopt the municipalities that make up the Area.
2. Issue rules on use of urban and rural land in the municipality and define the necessary mechanisms to ensure their full implementation.
3. Take the road plan and master plans for service and works of municipal character.
4. Set urban, suburban and sanitary perimeter of the municipality.
B. public works and housing.
1. Declare public utility or social interest those urban, suburban and rural properties needed to develop the requirements under the Comprehensive Plan of Metropolitan Development and initiate the expropriation process in accordance with the relevant rules.
2. Affect those properties that are necessary for the realization of a public work provided in the Comprehensive Plan of Metropolitan Development.
3. Coordinate their respective territory the national system of social housing in accordance with the provisions of articles 4. and 17 of the 3rd Act. 1991.
C. Natural resources and environmental management and conservation. Adopt, if there are no regional autonomous corporations in its entire jurisdiction, a metropolitan plan for the protection of natural resources and environmental protection, in accordance with the laws and regulations on the subject.
D. Provision of public services.
1. Determine which services are of metropolitan character and take the necessary measures for proper performance.
2. Authorize the participation of the Metropolitan Area in the establishment of public or private entities for the provision of public services.
3. Other than on public services assigned by law or statute.
1. Dictating the General Statute Metropolitan valorization to establish, distribute, perform, collect, settle and invest the contributions of recovery generated by the works of metropolitan character and define the authorities responsible for its implementation in accordance with the law.
2. Provide for the execution of works of metropolitan character.
F. Tax considerations.
1. Make recommendations on fiscal and financial assistance to municipalities members of the Area policy, seeking in particular the unification of the rates of local taxes.
2. Set policies and criteria for unification and integrated management of land registry system.
3. To approve the Investment Plan and Annual Budget Revenue and Expenditure Area.
G. Administrative order.
1. In accordance with the law set limits, nature and amount within which the Manager may enter into contracts and indicate where required obtain prior approval from the Board for the exercise of this power.
2. Authorize the Manager to negotiate loans, contracts of public trust and the execution of works by the concession system under the law.
3. Amend the statutes of the Metropolitan Area.
4. Approve the staffing of the employees of the Metropolitan Area and corresponding remuneration scales.
5. The other duties assigned by law.
ARTICLE 15. OTHER POWERS OF THE METROPOLITAN SEALS. In addition to the functions mentioned in the previous article, the statutes of the Metropolitan Area other powers deemed appropriate will be defined should bear the Metropolitan Together, within the limits of the Constitution and the law, whenever they deal metropolitan facts.
METROPOLITAN MAYOR. The Mayor of the core or metropolitan municipality will be called the Metropolitan Mayor.
ARTICLE 17. POWERS OF METROPOLITAN MAYOR. The Metropolitan Mayor shall have the following powers:
1. Enforcing the Constitution, the law and the agreements of the Junta Metropolitana.
2. Decrees Regulate through agreements issued by the Metropolitan Board.
3. Submit to the Board Metropolitan Projects Agreement competence for the normal development of metropolitan management.
4. Call special to the Metropolitan Board and preside sessions.
5. Metropolitan Boards present three candidates to choose the manager.
6. Manager delegate other functions determined by the Junta Metropolitana.
7. Punishment or subject to review by the Court of Administrative metropolitan agreements, where it considers contrary to the legal order. For the exercise of this function the Metropolitan Mayor have eight days if it is not agreements consisting of more than twenty articles and fifteen days if they are longer.
8. The other duties assigned by law and the statutes of the Area.
18. manager. The Manager is public employee Area, will be its legal representative and your choice will correspond to the Metropolitan Board of three candidates presented by the Metropolitan Mayor within the presentation of the vacancy ten days.
If the Board does not appoint the Manager within thirty days after the presentation of the short list, will the Metropolitan Mayor.
The Manager is free removal of the Metropolitan Mayor must have a university degree and demonstrate management experience in leadership position in the public or private sector for more than five years.
ARTICLE 19. FUNCTIONS OF THE MANAGER. The Area Manager perform the following functions:
1. Ensure the implementation of the Comprehensive Plan of Metropolitan Development.
2. Link and remove Metropolitan Area staff subject to the existing rules on the matter.
3. Direct the administrative action of the Metropolitan Area subject to the law and the metropolitan arrangements.
4. Conclude the contracts necessary for the administration of services, execution of metropolitan works and generally for good performance and fulfillment of the functions of the Area, subject to the provisions of the General Contracting Code of the Public Administration and authorizations, limits, and amounts that you set the Junta Metropolitana.
5. In accordance with current regulations, administrative manuals establish internal procedures and controls necessary for the proper functioning of the entity.
6. Submit draft agreement on the Comprehensive Development Plan Investment Plan and Budget. The draft budget must be submitted before the first of November for the fiscal year that begins on January the following year.
7. Metropolitan submit to the Board draft agreements it deems necessary.
8. Metropolitan Boards convene a regular or special sessions and perform the duties of secretary of the same, with voice but no vote.
PARÁGRAFO. Metropolitan areas can not spend more than ten percent (10%) of its annual report to cover staff costs budget.
METROPOLITAN PLANNING COUNCIL. In all there will be a Metropolitan Areas Metropolitan Planning Council is an advisory that the administrative authorities of the Metropolitan Area for the preparation, development and evaluation agency plans Area and to recommend adjustments to be made.
The Metropolitan Planning Council shall be composed of:
a) The Manager who will preside;
B) The Directors and Heads of Planning Area municipalities members or representatives of the respective mayors of the municipalities where there is no such office;
C) The Director or Directors of Planning of the respective departments.
The studies required will be made directly by the members of the Council or may be engaged with external advisers.
ARTICLE 21. MEETINGS OF THE METROPOLITAN PLANNING COUNCIL. The Metropolitan Planning Council will meet ordinarily at least one (1) once a month and extraordinarily when called by the Board of Metropolitan, the Metropolitan Mayor, the Manager or a third of its members.
In all cases where it deems appropriate or necessary, the Metropolitan Planning Council may invite people from the public or private sector to attend sessions.
IV. HERITAGE AND REVENUES.
HERITAGE. The assets and income of the Metropolitan Area shall consist of:
a) the product of the surtax two per thousand (2 x 1,000) on the assessed valuation of property located within the jurisdiction of each metropolitan area; Effective Jurisprudence
B) Amounts collected on account of valorización to metropolitan works;
C) taxes or duties that may be received by the provision of metropolitan public services;
D) The budget items that are intended for the Metropolitan Area in national, departmental, district, municipal or decentralized entities at the national, departmental, district or municipal budgets;
E) The product or performance of its assets or the disposal of its property;
F) The proceeds of credit;
G) The resources provided by the laws, ordinances and agreements;
H) Donations received from public or private entities;
I) Amounts received by contract to provide services;
J) The gasoline surcharge to be charged within the jurisdiction of each line with the provisions of the Act 86 of 1989 Metropolitan Area;
K) Income received by the Area for the execution of works concession;
L) Other movable and immovable property to acquire any title.
PARÁGRAFO. Treasury of each of the members municipalities in the area will open a special account in the name of the respective Metropolitan Area, where he entered the proceeds from the surcharge referred to in paragraph a) within ten (10) days after its collection.
The City Treasurer who violates this provision shall incur grounds for misconduct.
ARTICLE 23. GUARANTEES. The assets and income of the Metropolitan Area are their exclusive property, enjoy the same guarantees as the property and income of individuals, and may not be employed but in the same terms as it is private property.
ARTICLE 24. FISCAL CONTROL. Fiscal Control of metropolitan areas formed by municipalities in the same department correspond to the Departmental Comptroller. If municipalities belong to various departments exercise of that control will be of the Comptroller General of the Republic, under the terms of the law.
V. ACTS AND CONTRACTS.
ARTICLE 25. CONTRACTS. Contracts entered metropolitan areas will be subject to the provisions of the General Contracting Code of the Public Administration.
METROPOLITAN ARTICLE 26. ACTS. The acts of the Board will be called Metropolitan Metropolitan Agreements. The Metropolitan Mayor, decrees Metropolitans, and Manager, Metropolitan Resolutions.
Agreements and Decrees Metropolitans be solely attributed matters in the Area by the Constitution and the law, with respect to higher-level municipal administrative acts within its jurisdiction.
The Metropolitan Area in matters attributed to it, is not subject to the provisions of the assemblies or governorates relevant departments.
ARTICLE 27. JUDICIAL REVIEW. Judicial review of the acts, contracts, deeds and operations metropolitan areas will be within the jurisdiction of Administrative for the department to which the municipality belongs core or metropolis, in the terms indicated for the departmental order.
VI. GENERAL DISPOSITION.
ARTICLE 28 CONVERSION IN DISTRICTS. Existing at the time of issue of this Act and which subsequently conform may become districts if approved in referendum citizens residing in the metropolitan area by majority vote in each of the municipalities that make up Metro Areas and provided that participate in them, at least a quarter of the citizens registered on the electoral roll. In this case, members of the Metropolitan Area municipalities will disappear as territorial entities and shall be subject to constitutional and legal norms for localities in accordance with the rules that it applies in the Capital District of Bogota.
ARTICLE 29. APPLICATION. Within the year following the effective date of this Act year, the metropolitan areas need to reform existing statutes and adopt other measures as may be necessary to fully adjust to its content.
ARTICLE 30. EFFECTIVE DATE AND REPEAL. This Law governs from the date of its publication and repeals all provisions that are contrary, in particular those contained in Articles 348 to 373 of the Code of Municipalities (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, PUMAREJO VEGA PEDRO
The President of the honorable House of Representatives, JOSE FRANCISCO
The Secretary General of the honorable House of Representatives, DIEGO VIVAS TAFUR
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
Given in Bogota, DC, on February 23, 1994
published and So ordered.
César Gaviria Trujillo Government Minister, Fabio Villegas Ramirez
The Deputy Minister of Finance and Public Credit, manager
functions Office of the Minister of Finance and Public Credit, José Cadena