136 of 1994
Official Journal No. 41.377 of 2 June 1994
For which norms are dictated to modernize the organization and the functioning of the municipalities.
THE CONGRESS OF COLOMBIA,
GENERAL PRINCIPLES ON THE ORGANIZATION AND FUNCTIONING OF MUNICIPALITIES
ARTICLE 1o. DEFINITION. The municipality is the fundamental territorial entity of the administrative political division of the State, with political, fiscal and administrative autonomy within the limits that the Constitution and the law point out. general and improving the quality of life of the population in their respective territory.
ARTICLE 2o. THE MUNICIPAL REGIME. The municipal regime shall be defined by the provisions of the Political Constitution, as established by law and by the following provisions.
(a) Regarding the distribution of powers with the Nation and the territorial entities, and the planning and budgetary regimes, by the corresponding organic laws, in accordance with the provisions of the href="policy_constitution_1991_pr009.html#288"> 288, 342 , and 352 of the Political Constitution;
b) In relation to the institutions and mechanisms for citizen participation at the municipal level, as provided for in the respective statutory law, as provided for in Articles 103 and 152 of the Political Constitution;
c) As regards its internal and external indebtedness, and subject to the capacity of the municipality's indebtedness, in accordance with the law and according to the literal (a) of the article 19 of the href="policy_constitution_1991_pr004.html#150"> 150 of the Political Constitution;
With regard to the wage and loan regimes of its public employees, the general rules that the Congress dictates and the provisions to be developed by the Congress; issue the Government, the official workers by the current rules for collective bargaining and the minimum social benefits system provided by the Congress in accordance with the provisions of paragraphs (e) and (f) of Article 19 of the Article 150 of the Political Constitution.
d) In relation to the arrangements for the distribution of resources between the Nation and the municipalities, their own taxes, their public services, the staff, the contractual arrangements, and the internal and electoral control, shall be subject to to the special rules that are dictated on those matters in accordance with the provisions, among others, by the articles 125 and transitory 21, 152 literal c), 269, 313 numeral 4, 356, 357, 365 and transient 48 of the Political Constitution.
ARTICLE 3o. MUNICIPALITIES ' FUNCTIONS. 6 of Law 1551 of 2012. The new text is as follows: > Corresponding to the municipality:
1. Administer municipal affairs and provide public services to determine the law.
2. Develop the municipal development plans, in accordance with the departmental development plan, the life plans of the territories and indigenous guards, incorporating the visions of the ethnic minorities, the community organizations and the vulnerable population groups present in its territory, taking into account the criteria and instruments defined by the Unit for the Planning of Rural Lands and Agricultural Uses-UPRA-for the efficient use of soil rural development programs with territorial focus, and in harmony with the National Plan According to the organic law of the matter.
Municipal development plans should include strategies and policies aimed at respecting and guaranteeing Human Rights and International Humanitarian Law;
3. To promote the development of its territory and to build the works that demand municipal progress. The above must take into account, among others: the life plans of the indigenous peoples and communities and the communal development plans that the respective community action agencies have.
4. Develop and implement comprehensive citizen security plans, in coordination with local police authorities and promote coexistence among its inhabitants.
5. Promote community participation, the culture of human rights and the social and cultural improvement of its inhabitants. The promotion of culture will be a priority for municipalities and public resources invested in cultural activities will have, for all legal purposes, the character of social public expenditure in accordance with the article 1or, numeral 8 of Act 397 of 1997.
6. Promote public-private partnerships and synergies that contribute to the economic, social and environmental development of the municipality and the region through the use of the integration mechanisms provided for in the law.
7. Seek the solution of the basic unmet needs of the inhabitants of the municipality, in whatever of their competence, with special emphasis on the children, the girls, the adolescents, the women head of the family, the people of the third age, persons in the condition of disability and other subjects of special constitutional protection.
8. In association with the departments and the Nation, contribute to the effective enjoyment of the rights of the population victim of forced displacement, taking into account the principles of coordination, concurrence, complementarity, subsidiarity and norms legal status.
9. Formulate and adopt plans for territorial planning, specifically regulating land use in urban, expansion and rural areas, in accordance with laws and taking into account the instruments defined by the UPRA for the the management and efficient use of rural land. Optimize the uses of available land and coordinate sectoral plans in harmony with national policies and departmental and metropolitan plans. The Territorial Order Plans will be submitted for review before the Municipal or District Council every 12 years.
10. Ensure the proper management of natural resources and the environment, in accordance with the Constitution and the law.
11. Promote the economic and social improvement of the inhabitants of the respective municipality, promoting domestic industry, trade and internal consumption in their territories in accordance with the legislation in force for these matters.
12. Promote and promote tourism, in coordination with National Policy.
13. The border municipalities may conclude agreements with territorial entities bordering on the same level and neighboring countries for the promotion of coexistence and citizen security, economic and community development, the provision of services public and the preservation of the environment.
14. Authorize and approve, in accordance with the availability of public services, Housing development programs by exercising the necessary surveillance functions.
15. Incorporate the use of new technologies, renewable energy, recycling and clean production in municipal development plans.
16. In accordance with the provisions of Article 355 of the Political Constitution, municipalities and districts may conclude solidarity agreements with: the Cabildos, the authorities and organizations indigenous, community action agencies and other civil organizations and associations resident in the territory, for the joint development of programs and activities established by the Law to the municipalities and districts, according to their plans of development.
17. Develop annual plans and programs to strengthen, with the corresponding budgetary impact, of the Cabildos, indigenous authorities and organizations, community action agencies, civil organizations and associations resident in the country. territory. The above must be constructed in a concerted manner with these organizations and taking into account their needs and the guidelines of the respective development plans.
18. Conclude agreements on the use of public goods and/or community usufruct with the local councils, indigenous authorities and organizations, and with community action agencies and other community bodies.
19. To ensure the provision of the drinking water and basic sanitation service to the inhabitants of the jurisdiction in accordance with the current regulations governing the public services.
20. Execute the School Feeding Programs with their own resources and those from the Department and the Nation, who will be able to perform the technical accompaniment, according to their competencies.
21. Publish the accountability reports on the municipality's respective website.
22. The others that point out the Constitution and the law.
23. In the area of roads, the municipalities will be responsible for the construction and maintenance of urban and rural roads in the municipal area. They will continue to be in charge of the Nation, the urban roads that form part of the national highways, and of the Department those that are departmental.
PARAGRAFO 1o. The policies, plans, programs, and projects that are destined for the strengthening of the Cabildos, the indigenous authorities and organizations, and the community action organizations will be formulated in concert with they.
PARAGRAFO 2o. In public green parks and areas delivered in such a way or in any other form of administration to a particular individual, no charge may be established for access to it, except for cases in where public spectacles are held.
PARAGRAFO 3o. SOLIDARITY AGREEMENTS. Understand by solidarity agreements the complementation of institutional, community, economic and social efforts for the construction of works and the satisfaction of the needs and aspirations of the communities.
PARAGRAFO 4o. The territorial entities of the municipal departmental and order are authorized to directly hold solidarity agreements with the communal action boards in order to execute works up to the minimum value. For the execution of these they will have to contract with the inhabitants of the community.
The community action body must be previously legalized and recognized before the competent bodies.
ARTICLE 4. GUIDING PRINCIPLES OF THE EXERCISE OF COMPETENCE. 3 of Law 1551 of 2012. The new text is as follows: > Municipalities exercise the powers conferred upon them by the Constitution and the law, in accordance with the principles laid down in the organic law of territorial law and the law on the distribution of resources and competences. which develops article 356 of the Political Constitution, and in particular subject to the following principles:
a) Coordination. The municipal authorities, when exercising their powers and responsibilities, must reconcile their actions with that of other state entities at different levels.
b) Concurrency. Municipalities and other state entities at different levels have common competences on the same subject, which they must exercise in order to achieve the end for which they arose.
The competences of the various organs of the territorial and national authorities are not exclusive but they coexist and are dependent on each other in order to reach the state end.
The entities responsible for the performance of the service or the provision of the service must make agreements or use any of the associative forms provided for in the organic law of territorial order to avoid duplication and more efficient and economical the administrative activity. The municipalities of a special category and the former may assume the competence if they demonstrate the institutional capacity that the corresponding entity defines for the purpose. National entities may transfer regulatory, inspection and surveillance powers to territorial entities.
c) Subsidiarity. The Nation, the territorial entities and the territorial integration schemes will support in a transitional and partial way the entities of lesser economic and social development, in the exercise of their competences when it is demonstrated their impossibility of properly exercise them.
(d) Complementarity. In order to supplement or improve the provision of services to their capacity and the development of local projects, municipalities may make use of partnership, co-financing and/or conventions mechanisms;
e) Efficiency. Municipalities shall ensure that the use of public resources and investments in their territory produce the greatest social, economic and environmental benefits;
f) Responsibility and transparency. The municipalities will assume the powers of their position, providing the necessary resources without compromising the financial sustainability of their territorial entity, guaranteeing their transparent management.
In the development of this principle, the municipal authorities will promote the control of the actions of the Administration, by the citizens, through exercises that involve them in the planning, execution and final surrender of accounts, as a principle of political and administrative responsibility for official affairs, in order to prevent the occurrence of corruption related to the execution of the budget and state procurement, in compliance with the special legislation to be issued in the field.
g) Participation. The municipal authorities shall ensure the public's access to the public through consultation and cooperation so that they take an active part in the decisions affecting their rights and political freedoms, in accordance with the the postulates of participatory democracy, actively linking in these processes to individuals, civil organizations, resident associations of the sector and groups of communal action.
ARTICLE 5o. GOVERNING PRINCIPLES OF THE MUNICIPAL ADMINISTRATION. The organization and operation of the municipalities will be developed according to the postulates that govern the administrative function and regulate the conduct of the public servants, and in special; subject to the principles of effectiveness, efficiency, publicity and transparency, morality, responsibility and impartiality, in accordance with the following criteria:
a) EFFECTIVENESS. The municipalities will clearly determine the mission, purpose and goals of each of their agencies or entities; they will define the citizen as the center of their actions within a focus of excellence in the delivery of their services and establish rigorous system and project evaluation and outcome control systems;
b) EFFICIENCY. The municipalities should optimize the use of financial, human and technical resources, define a rational administrative organization that allows them to properly fulfill the functions and services in their capacity, create adequate systems of information, assessment and control of results, and take advantage of the comparative advantages offered by other public or private entities or organisations.
In the development of this principle, the procedures and stages strictly necessary to ensure the fulfillment of the functions and services of the municipality will be established, avoiding delays that delay the processing and the completion of the administrative actions or prejudice the interests of the municipality;
c) ADVERTISEMENT AND TRANSPARENCY. The acts of the municipal administration are public and it is the obligation of the municipal administration to facilitate the access of citizens to their knowledge and supervision, in accordance with the law;
d) MORALITY. The actions of the municipal public servants shall be governed by the law and ethics of the exercise of the public function;
e) RESPONSIBILITY. The responsibility for the performance of the functions and duties established in the Constitution and in this Law shall be the responsibility of the respective municipal authorities in terms of their competence. Their actions shall not lead to the diversion or abuse of power and shall be exercised for the purposes provided for in the law. The non-legal omissions of their acts shall give rise to compensation for the damage caused and to repeat against the officials responsible for the damage;
f) IMPARTIALITY. The actions of the authorities and in general, municipal and district public servants will be governed by the Constitution and the law, ensuring and guaranteeing the rights of all persons without any discrimination.
g) Sustainability. 4 of Law 1551 of 2012. The new text is as follows: > The municipality as a territorial entity, in contest with the nation and the department, will seek the appropriate living conditions of its population. To this end, it will adopt actions aimed at improving environmental sustainability and social equity; promoting the equitable access of the inhabitants of their territory to opportunities and development benefits; seeking to reduce imbalances; emphasizing rural areas and promoting the conservation of biodiversity and ecosystem services.
h) Associativity. 4 of Law 1551 of 2012. The new text is as follows: > The municipal authorities, in order to achieve objectives of economic and territorial development, will encourage the formation of associations between the territorial entities and instances of territorial integration producing economies of scale, generating synergies and competitive alliances. It will also promote the conclusion of public-private partnerships and plans for rural development;
i) Economy and Good Government. 4 of Law 1551 of 2012. The new text is as follows: > The municipality will seek to guarantee its economic and fiscal self-sustainability, and will have to promote the professionalization of its administration, for which it will promote associative schemes that favor the reduction of the expenditure and good governance in its shaping and functioning.
ARTICLE 6o. CATEGORIZATION OF DISTRICTS AND MUNICIPALITIES. 7 of Law 1551 of 2012. The new text is as follows: > Districts and municipalities will be classified according to their population, current income of free destination, economic importance and geographic situation. For the purposes of the law and other rules expressly provided for in law, the categories shall be as follows:
I. FIRST GROUP (LARGE MUNICIPALITIES):
1. SPECIAL CATEGORY
Population: Greater than or equal to five hundred thousand one (500,001) inhabitants.
Annual income streams of free destination: that exceed four hundred thousand (400,000) current monthly minimum legal wages.
Economic Importance: Grade one.
2. FIRST CATEGORY
Population: Understanding between one hundred thousand one (100,001) and five hundred thousand (500,000) inhabitants.
Annual income of free destination: Superiors to one hundred thousand (100,000) and up to four hundred thousand (400,000) monthly minimum legal salaries in force.
Economic Importance: Grade two.
II. SECOND GROUP (INTERMEDIATE MUNICIPALITIES)
3. SECOND CATEGORY
Population: With population between fifty thousand one (50,001) and one hundred thousand (100,000) inhabitants.
Annual Free Destination Income: Superiors to fifty thousand (50,000) and up to one hundred thousand (100,000) current monthly minimum legal wages.
Economic Importance: Grade three.
4. THIRD CATEGORY
Population: With population between thirty thousand one (30,001) and fifty mii (50,000) inhabitants.
Annual Free Destination Income: Superiors to thirty thousand (30,000) and up to fifty thousand (50,000) monthly minimum legal wages.
Economic Importance: Grade four.
5. FOURTH CATEGORY
Population: With population between twenty thousand one (20,001) and thirty mii (30,000) inhabitants.
Annual Free Destination Income: Superiors to twenty-five mii (25,000) and up to thirty thousand (30,000) monthly minimum legal wages.
Economic Importance: Grade five.
III. THIRD GROUP (BASIC MUNICIPALITIES)
6. FIFTH CATEGORY
Population: population between ten thousand one (10,001) and twenty thousand (20,000) inhabitants
Annual Free Destination Income: Superiors to fifteen thousand (15,000) and up to twenty-five thousand (25,000) monthly minimum legal wages.
Economic Importance: Grade six.
7. SIXTH CATEGORY
Population: Population equal to or less than ten thousand (10,000).
Annual Free Destination Income: No higher than fifteen thousand (15,000) monthly minimum legal wages.
Economic Importance: Grade seven.
PARAGRAFO 1o. The municipalities that according to their population are to be classified in a given category, but exceed the amount of current annual free destination income indicated in this article for the itself, they will be sorted into the immediately above category.
Municipalities whose population corresponds to a given category, but whose current annual free destination income does not reach the amount indicated in this Article for the same, will be classified in the category corresponding to their current annual free destination income.
PARAGRAFO 2o. The relative weight represented by the Gross Domestic Product of each of the municipalities within its department is understood by economic importance. The National Administrative Department of Statistics, DANE, shall be responsible for calculating that indicator.
PARAGRAFO 3o. Without prejudice to the category that corresponds to the criteria set out in this Article, when a district or municipality is intended for operating expenses higher than the limits that The law shall be reclassified in the category immediately below.
No municipality may increase or decrease more than two categories between one year and the next.
PARAGRAFO 4o. The mayors will determine annually, by decree issued before thirty one (31) of October, the category in which it is classified for the following year, the respective district or municipality.
To determine the category, the decree will be based on the certifications issued by the Comptroller General of the Republic on the current income of free destination collected effectively in the previous life and on the relationship Percentage of operating expenses and current income from free circulation of the immediately preceding life, and the certification issued by the National Administrative Department of Statistics, DANE, on population for the year and on the indicator of economic importance.
The National Administrative Department of Statistics, DANE, and the Comptroller General of the Republic shall transmit to the mayor the certification of this article, at the latest, thirty-one (31) of July of each year,
If the respective Mayor does not issue the decree in the term mentioned in this paragraph, this categorization will be fixed by the General Accountant of the Nation in November.
The minimum monthly legal salary to be used as a basis for the conversion of income shall be that corresponding to the same year of the currency of the current income of free destination determined in this article.
PARAGRAFO 5o. The border municipalities with a population of more than seventy thousand (70,000) inhabitants, due to their strategic condition, will be classified as a minimum in the fourth category, and in no case will the operation of these municipalities may exceed 80% of their current income from free destination.
PARAGRAFO 6o. The municipalities belonging to each of the groups established in this article, will have different arrangements in their organization, government and administration. The regime corresponding to each category will be developed by the law that for the effect will be issued by the Congress of the Republic within two years from the entry into force of this law. The special committees of territorial law of the Congress of the Republic will have active participation in the process of formation.
PARAGRAFO 7o. The exercise of voluntary duties and functions shall be carried out within the framework and limits set by the law, according to its fiscal and administrative capacities and in the context of the conclusion of contracts. plan.
ARTICLE 7o. APPLICATION OF THE CATEGORIES. The categories mentioned in the previous article shall apply for the aspects provided for in this Law and those of rules expressly provided for in this Law.
REQUIREMENTS FOR CREATING MUNICIPALITIES
ARTICLE 8o. REQUIREMENTS. 15 of Law 617 of 2000. The new text is as follows: >
For a portion of the territory of a department to be erected in a municipality, the following conditions are required:
1. That the area of the proposed municipality has identity, attended to the natural, social, economic and cultural characteristics.
2. 11 of Law 1551 of 2012. The new text is as follows: > That it count at least twenty-five thousand (25,000) inhabitants and that the municipality or municipalities of which it is intended to segregate will not decrease its population below this limit, according to the Department's certification. National Statistical Office (DANE).
3. 11 of Law 1551 of 2012. The new text is as follows: > That the proposed municipality guarantee, at least, current annual free destination income equivalent to twelve thousand (12,000) monthly minimum wages in force, for a period not less than four (4) years; in accordance with the prior certification of the Ministry of Finance and Public Credit.
4. Prior to the presentation of the draft ordinance by which a municipality is created, the departmental planning organ, according to the methodology developed by the National Planning Department, should produce the respective study, on the economic and social convenience of the initiative and the viability of the new entity, taking into account its economic, infrastructure and identification possibilities as a development area. On the basis of this study, the departmental planning body will have to issue a concept on the feasibility of creating the municipality or not, and must decide on the appropriateness of the measure for the municipality or the municipalities of which it is would segregate the new one.
In no case may a municipality be created that subtract more than one third of the territory of the municipality or municipalities from which it is segregated. Prior to the sanction of the ordinance of creation of the municipality, the Administrative Court will exercise automatic prior control over the legality of the same. If the bill is not in line with the law, it cannot be sanctioned.
PARAGRAFO 1o. 11 of Law 1551 of 2012. The new text is as follows: > The respective draft ordinance may be submitted at the initiative of the Governor, the members of the Departmental Assembly or by popular initiative, in accordance with the law. However, the Governor will be obliged to present it when, through popular consultation, the majority of citizens resident in the respective territory so decide, and the ordinance issued by the respective assembly will have to establish the assets and liabilities that are inherent to the new municipality, as well as to the municipality from which it was spun off.
When the popular consultation with the ordinance that approves the creation of a new municipality has not been preceded, once it is issued, it will be submitted to a referendum in which the citizens of the respective territory will participate. The referendum must be held within a maximum of six (6) months from the date of the ordinance. If the draft ordinance is denied, it will be filed and a new initiative in the same sense can be filed only two (2) years later.
PARAGRAFO 2o. 11 of Law 1551 of 2012. The new text is as follows: > The DANE will keep a record on the municipalities that are believed. To this end, the Governor of the respective department, once the procedure for the creation of a municipality is dispensed, will transmit a copy of the ordinance and its annexes to the DANE and the Ministry of the Interior.
PARAGRAFO 3o. 11 of Law 1551 of 2012. The new text is as follows: > As for the minimum number of inhabitants referred to in the second paragraph of this article, this article will grow annually according to the population growth rate of the previous year certified by the DANE.
ARTICLE 9o. EXCEPTION. 16 of Law 617 of 2000. The new text is as follows: > Without the full of the requirements set out in the previous article, the departmental assemblies will be able to create municipalities when, prior to the presentation of the ordinance, the President of the Republic considers his creation for reasons of national defence.
The departmental assemblies will also be able to raise to municipalities without the full of the general requirements the corregimientos created by the National Government before 1991 that are located in the border areas as long as they do not do so. part of no municipality, prior to the approval of the President of the Republic.
Councillors of the municipalities so created will not receive fees for their attendance at the sessions.
ARTICLE 10. EQUITABLE DISTRIBUTION. 13 of Law 1551 of 2012. The new text is as follows: > The distribution of the investment resources within the territory of the municipalities and districts must be done with strict adherence to the criteria of equity, population and unmet basic needs, through the implementation of long-term strategic planning processes that aim to overcome the urban-rural poverty rates and the strengthening of local prosperity, following the regional and population characteristics of each entity.
ARTICLE 11. EXCEPTION. The creations of municipalities approved by the Departmental Assemblies before December 31, 1990, are valid in accordance with Article 40 of the Political Constitution.
Likewise, the creations of municipalities approved by the Departmental Assemblies, between December 31, 1990 and December 1, 1993, are valid as long as their nullity has not been decreed by the competent courts, by means of executed statement.
ARTICLE 12. NATIONAL PARKS. State parks the mangroves of the San Andrés, Providencia and Santa Catalina Archipelago.
ARTICLE 13. PARTICIPATION OF THE NEW MUNICIPALITIES IN THE CURRENT INCOME OF THE NATION. In the distribution of the National Revenue of the Nation, for the next fiscal year, the municipalities created validly and reported to the National Department of Planning will be taken into account, until 30 June of the year immediately previous.
The Governor of the Department on the same day as sanctioning the ordinance that will have the creation of a municipality will order to communicate the fact, to the Ministry of Finance with the object that in the turns that will have to be made for the bimestres Subsequent to the current year by concept of participations in the National Revenue of the Nation, be taken into account those corresponding to the new municipality in Law 60 of 1993.
ARTICLE 14. MODIFICATION OF INTER-MUNICIPAL BOUNDARIES. When two or more municipalities in the same department maintain territorial dispute because there is no defined limit or identity problems, their natural characteristics are met. social, economic or cultural, the Departmental Assemblies by means of ordinance, may modify or specify the respective inter-municipal limits for which the following requirements and conditions must be met.
1. The respective draft ordinance may be submitted at the initiative of the Governor or of the same members of the Departmental Assembly. However, the Governor will be obliged to present it when the majority of citizens resident in the territory in conflict decide, through popular consultation.
2. If there is no longer a popular consultation, the Governor of the Department must call it so that the citizens resident in the conflict territory will manifest their majority will for the corresponding annexation.
3. The annexation of a territorial area from one municipality to another shall not affect the category of the municipality from which it is segmented, nor should it be reduced to the minimum conditions required by Article 8o of this Law for the creation of municipalities.
4. The corresponding departmental planning office will carry out in the respective area of intermunicipal conflict a historical and technical investigation in order to verify and certify by documented and written study that definitely in the territory in conflict, are presented aspects and indefinition of limits or problems of natural, social, cultural or economic identity that make it advisable the annexing and the consequent aggregation of territorial areas.
PARAGRAFO. Both the popular consultation provided for in the number 2, of this article, as the study referred to in the number 4, of this article, must be added to the explanatory statement of the respective draft ordinance.
ARTICLE 15. ANNEXES. 17 of Law 617 of 2000. The new text is as follows: > The draft ordinance for the creation of a municipality shall be accompanied by an explanatory statement which shall include, as annexes, the studies, certifications, the concept issued by the Office of Planning Departmental, the preliminary map of the territory of the municipality that is intended to be created and the other documents that credit the fulfilment of the requirements established in the law.
ARTICLE 16. CONTENTS OF THE ORDINANCE. The ordinance creating a municipality must, in addition:
1. Determine the limits of the new municipality.
2. Indicate the municipal header for all legal and administrative effects and relate the territorial fractions that make up the city.
3. Determine how the new municipality should contribute to the payment of the public debt left by the municipality or municipalities from which they are segregated.
4. Appropriate the necessary resources to demand the operation of the departmental offices that are required in the new municipality.
PARAGRAFO. Once the new municipality is in operation, it will proceed to its unlinde, amojonation and to the elaboration and publication of the official map.
ARTICLE 17. TECHNICAL ASSISTANCE. The department shall design and implement a special technical assistance program for the new municipality, with particular emphasis on the aspects of participation, administrative and fiscal organization, budget and planning.
This obligation will also be extended to the other municipalities in the department if there is a place.
ARTICLE 18. DESIGNATION OF AUTHORITIES. Once the ordinance created by a new municipality, the Governor by decree, has been published, it shall appoint the mayor in charge, and in the same act he shall quote with no less than three (3) months of anticipation for the election of councilors and mayor, provided that more than one year is missing for the general election of local authorities in the country.
In that same decree, the dates of the installation of the Municipal Council and the possession of the elected mayor will be indicated for the only time.
ARTICLE 19. The departmental assemblies at the initiative of the governor and previous concept of the departmental planning agency, will be able to move the heads of the municipalities to other places within the respective ones. territories, where serious grounds for public calamity so advise or where such other places have acquired greater demographic and economic importance.
ARTICLE 20. FINANCIAL VIABILITY OF MUNICIPALITIES AND MUNICIPALITIES. 19 of Law 617 of 2000. The new text is as follows: > Incompliance with the limits set in 6or. and 10 of this law, the respective municipality or district shall advance, during a fiscal period, a program of sanitation to obtain, as soon as possible, the authorized percentages. Such a program should define precise performance goals, including the hiring referred to in the previous article or the association scheme of municipalities or districts that deal with the items 148 et seq. of Act 136 of 1994, among other instruments.
If at the end of the sanitation program the municipality or district has failed to meet the limits set forth in this law, the Office of Planning Departmental or the agency that does its times, will submit to the Governor and the Assembly a report on the financial situation of the municipality or district, the latter, to order the adoption of a new adjustment plan which it provides for, other instruments, the procurement referred to in the previous article and the association with other municipalities or districts for the provision of the services to their office, the execution of works or the performance of their administrative functions.
Elapsed the term that the departmental assembly points out for the implementation of the adjustment plan, which will not be able to exceed the two consecutive fiscal vigencies, and provided that the municipality or district has not managed to reach the limits of spending established in this law, the departmental assembly, on the initiative of the Governor, will determine the merger of the respective municipality or district.
When deciding on the merger, the respective ordinance will clearly state that the district, municipality or neighboring municipalities is added to the territory of the merging entity. as the distribution of the assets, liabilities and contingencies of such municipalities or districts, taking into account, among other aspects, the way in which it is distributed to the population, the location and destination of the assets and the origin of the liabilities.
In the event that the merger of the municipality or districtis decreed, the resources of the municipal participation in the current income of the Nation to be rotated, must be assigned to the district, municipality or municipalities to which the territory is added, in proportion to the population that each absorbs.
The departmental planning offices will present to the respective assembly the first day of regular sessions, a report that will cover the entire districts and municipalities of the department and from which the relevance of adopting the measures referred to in this Article shall be assessed.
ARTICLE 21. MUNICIPAL COUNCILS. In each municipality there shall be an administrative corporation, whose members shall be popularly elected for periods of three (3) years, and which shall be called the Municipal Council, consisting of no less than seven (7) and no more than twenty-one (21) members.
ARTICLE 22. COMPOSITION. The Municipal Councils will be composed of the following number of councillors. The municipalities whose population does not exceed five thousand (5,000) inhabitants, will elect seven (7); those with five thousand one (5,001) to ten thousand (10,000), will elect nine (9); those with ten thousand one (10,001) to twenty thousand (20,000), will elect eleven (11); those with twenty thousand one (20,001) to fifty thousand (50,000) shall choose thirteen (13); the fifty thousand one (50,001), up to a hundred thousand (100,000) shall choose fifteen (15); the hundred thousand one (100,001) to two hundred and fifty thousand (250,000), Seventeen (17); Ios of two hundred and fifty thousand one (250,001), one million (1,000,000), shall choose nineteen (19); those of a million one (1,000,001) onwards, shall choose twenty-one (21).
PARAGRAFO. The National Registry of the Civil State will be responsible for the determination and timely publication of the number of councillors who can choose each municipality.
ARTICLE 23. SESSION. The councils of the municipalities classified in Special categories, First and Second, shall be held in an ordinal manner in the municipal head and in the precinct officially designated for that purpose, in their own right and maximum once per day, six months per year, in ordinary sessions as follows:
(a) The first period shall be in the first year of sessions, of two January after its election, on the last day of the month of February of the respective year.
The second and third year of sessions will be the first period between March 1 and April 30;
b) The second period will be from June 1 to the last day of July;
c) The third period will be from October 1 to 30 November, with the priority objective of studying, approving or improving the municipal budget.
The councils of the municipalities classified in the other categories shall be held ordinarily in the municipal head and in the precinct officially designated for this purpose, in their own right, four months a year and a maximum once (1) per day: February, May, August and November.
If, for any reason, the councils cannot meet ordinarily on the dates indicated, they will do so as soon as possible, within the corresponding period.
PARAGRAFO 1o. Each ordinary period may be extended by ten more calendar days, at the will of the respective Council.
PARAGRAFO 2o. Mayors will be able to summon them to extraordinary sessions on different occasions, so that they deal exclusively with matters that are subject to their consideration.
PARAGRAFO 3o. 2 of Law 1148 of 2007. The new text is as follows: > When the Presidency of the Corporation, by reasoned act, declares that, for reasons of public order, intimidation or threat, it is not possible that some members of the Municipal and District Councils will participate in their Regular headquarters, may participate in the sessions in non-face-to-face manner.
To this end, the members of the Council may deliberate and decide by simultaneous or successive communication, using for the effect technological advances in telecommunications such as fax, telephone, teleconference, video conference, Internet, virtual conference and all those media that are within the reach of the Councilors.
In the event of permanent commissions, sessions may be brought forward on the same terms as set out in this Article.
The same means may be used for the purpose of hearing from those who wish to render verbal or written statements on facts or issues that need to be discussed, or may provide information or elements of judgment useful for the decisions of the parties. Municipal and District Councils.
The National Government will regulate the matter.
15 of Law 1551 of 2012. The new text is as follows: > Each Council shall issue an administrative act specifying the requirements to be met for the use of these means. The person will serve as a seer and verify the proportional, justified and appropriate use of the technological means. The administrative acts that authorize the concurrency of any councilman to the sessions in non-face-to-face manner, must be communicated to the person within two (2) days following their expedition.
ARTICLE 24. INVALIDITY OF MEETINGS. Any meeting of members of the Council which, for the purpose of exercising the functions of the corporation, is carried out outside the legal or regulatory conditions, shall not be valid and the acts which they perform may not be be given any effect, and those who participate in the deliberations shall be punished in accordance with the laws.
ARTICLE 25. COMMISSIONS. The councils will integrate permanent commissions charged with reporting for the first debate to the draft agreements, according to the business or business of which they are aware and the content of the project according to their own regulations. If such committees have not been set up or integrated, the reports shall be submitted by the Accidents Committees which the Bureau shall appoint for that purpose.
Any councilmember must be part of a standing committee and in no case may belong to two or more standing committees.
ARTICLE 26. ACTAS. 16 of Law 1551 of 2012. The new text is as follows: > From the sessions of the Councils and their standing committees, The Secretary of the Corporation will raise minutes that will contain a brief relationship of the topics discussed, of the people who have intervened, of the messages read, proposals submitted, commissions appointed, result of the vote and decisions taken.
The Session, the President will submit to discussion and approval, after reading if the members of the Corporation consider it necessary, the Minutes of the previous session. However the Act must be brought before the members of the Corporation, either by publication in the Gazette of the Council or by means of their availability in a municipality for these purposes.
PARAGRAFO. Each municipal council shall have the necessary mechanisms to ensure that all session minutes are properly published in electronic and/or physical means accessible to the entire population.
ARTICLE 27. ADVERTISEMENT OF THE ACTS OF THE COUNCIL. 17 of Law 1551 of 2012. The new text is as follows: > The Councils will have to publish their actions through the medium that they consider appropriate, provided that they guarantee the effectiveness of their dissemination to the community.
ARTICLE 28. BOARDS OF DIRECTORS. The Board of Directors of the Councils shall be composed of a President and two Vice-Presidents, elected separately for a period of one year.
22 of Law 1551 of 2012. The new text is as follows: > The party or parties that declare themselves in opposition to the mayor will have a participation in the first vice presidency of the Council.
No councilmember may be re-elected in two consecutive periods at the respective board.
ARTICLE 29. QUORUM. The councils and their committees may not open sessions and deliberate with less than a quarter of their members. Decisions may be taken only with the assistance of most of the members of the respective corporation, unless the Constitution determines a different quorum.
ARTICLE 30. MAJORITY. In the councils and their standing committees, decisions will be made by the majority of the votes of the assistants unless the Constitution expressly requires a special majority.
ARTICLE 31. REGULATION. The councils shall issue an internal rules of procedure for their operation, including, inter alia, the rules concerning the commissions, the performance of the councilors and the validity of the calls and sessions.
ARTICLE 32. ATTRIBUTIONS. 18 of Law 1551 of 2012. The new text is as follows: > In addition to the functions outlined in the Constitution and the law, the following are the privileges of the councils.
1. Have the reference to the police in their different branches, without contravening the laws and ordinances, nor the decrees of the National Government or the respective Governor.
2. To require written reports or to quote the secretaries of the Mayor, Directors of administrative departments or decentralized entities of the municipal order, the comptroller and the person, as well as any municipal official, except the mayor, to make oral statements on matters related to the municipality's march.
The municipal councils will also be able to invite the different officials of the Departmental Order, as well as the legal representatives of the decentralized organizations and the public establishments of the national order, with headquarters in the city. respective department or municipality, in relation to topics of local interest.
3. Regulate the authorization of the mayor to hire, pointing out the cases in which he requires prior authorization from the Council.
4. Authorize the mayor to delegate to his deputies or local administrative boards some administrative functions other than those provided by this law.
5. To determine the nomenclature of public roads and premises or homes.
6. Establish, reform or eliminate taxes, taxes and surcharges in accordance with the law.
7. Ensure the preservation and defense of cultural heritage.
8. Organise the comptroller and the staff and lay down the rules necessary for its operation.
9. To issue the budget rules and to issue annually the revenue and expenditure budget, which shall correspond to the municipal or district development plan, having special attention to the development plans of the community action agencies. defined in the participatory budget and in accordance with the organic rules of planning.
10. To set up an area for the training of staff serving in the municipal administration.
11. To ensure the strengthening of participatory democracy and community action bodies.
12. To give special control to the Legal Representatives of the public service companies, whether public or private, to raise concerns about the provision of public services in the respective municipality or District.
The company of public services whose legal representative does not address the requests or citations of the special control emanating from the Municipal or District Councils, will be the subject of investigation by the Superintendence of Home Public Services. It shall advance ex officio or at the request of the respective corporation, an administrative investigation and impose the penalties provided by the law. This is without prejudice to other legal or constitutional actions.
PARAGRAFO 1o. The Municipal Councils by agreement on the initiative of the mayor will establish the form and the means as the municipalities can grant the benefits, established in the final paragraph of the article 13, 46 , and 368 of the National Constitution.
PARAGRAFO 2o. Those functions of the municipality for which it has not been pointed out if the competition corresponds to the mayors or the councils, shall be understood to be assigned to these corporations, provided they do not contrarian the Constitution and the law.
PARAGRAFO 3o. Through the powers granted in the number seven, the municipalities are not authorized to tax the income that the export sector does to the outside.
PARAGRAFO 4o. Pursuant to article 313 of the Political Constitution, the Municipal or District Council must decide on the authorization to the Mayor to hire in the following cases:
1. Procurement of borrowings.
2. Contracts that commit future vigencies.
3. Disposal and purchase of real estate.
4. Disposal of assets, shares and shares.
6. Others who determine the law.
ARTICLE 33. USE OF THE LAND. When the development of projects of a tourist, mining or other nature, threatens to create a significant change in the use of the soil, which results in a transformation in the traditional activities of a municipality, A popular consultation must be carried out in accordance with the law. The responsibility for these consultations will be borne by the respective municipality.
PARAGRAFO. In any case, decisions on land use must be approved by the City Council.
ARTICLE 34. DELEGATION OF POWERS. The Council may delegate to the Local Administrative Boards part of its own powers, in accordance with the following general rules:
(a) The delegation shall be made in order to obtain a greater degree of efficiency and effectiveness in the provision of services. In any event, these powers are subordinate to the municipality's development plan;
b) Unable to decentralize services or assign responsibilities, without the prior allocation of sufficient resources to address them.
ARTICLE 35. ELECTION OF OFFICIALS. The councils will be installed and will elect the officials of their jurisdiction in the first ten days of January corresponding to the initiation of their constitutional periods, prior to a date with three days in advance. In cases of absolute faults, the election may take place in any period of ordinary or extraordinary sessions that the mayor may call for.
Whenever an election is made after a period has been started, it is understood to be done only for the remainder of the current period.
ARTICLE 36. POSSESSION OF OFFICIALS ELECTED BY THE COUNCIL. Officials elected by the Council shall have a period of fifteen (15) calendar days for their respective possession except in cases of force majeure in which this term shall be extended. for fifteen (15) days more.
No authority may give possession to officials elected by the Council who do not credit the qualities required for the office, or who are incourses in the causes of inability to indicate the Constitution and the law, after summary verification.
The official who contravene the provisions of this article, incurs the cause of misconduct.
ARTICLE 37. SECRETARY. The City Council shall elect a secretary for a period of one year, reelectable at the discretion of the corporation and its first election shall be held in the first legal period concerned.
In the municipalities of the special categories they must credit professional title. In the first category, they must have completed university studies or have a degree of technological level. In the other categories they must certify a bachelor's degree or have a minimum administrative experience of two years.
In cases of absolute lack there will be a new election for the remainder of the period and temporary absences will be regulated by the Council.
ARTICLE 38. CONTROL FUNTIONS. It is for the Council to exercise control over the municipal administration. To this end, he may cite the secretaries, heads of administrative departments, and legal representatives of decentralized entities as well as the person and the Comptroller. Citations shall be made in advance not less than five working days and shall be submitted in written form. The debate may not be extended to matters outside the questionnaire and shall be at the top of the agenda for the sitting. The Council may also request written information from other municipal authorities. In any case, the citations and information must refer to matters of the respective official's office.
ARTICLE 39. MOTION OF OBSERVATIONS. At the end of the corresponding debate and with the signature of at least the third part of the members of the corporation, it may be proposed that the Council observe the decisions of the official cited.
The proposal will be voted in plenary between the third and the tenth day following the end of the debate. Passed the motion, by the vote of half plus one of the members of the corporation, will be communicated to the mayor. If it is rejected, no other matter may be submitted on the same subject, unless new facts are justified.
ARTICLE 40. CITATIONS. Any permanent commission may cite any natural or legal person, so that in special session it gives oral or written statements, on facts directly related to matters of public interest, investigated by the itself.
They may refrain from attending only for duly justified reasons.
The reluctance of those cited to appear or to render required statements will be sanctioned by the competent jurisdictional authorities, in accordance with the rules in force for cases of contempt of the authorities.
ARTICLE 41. Prohibitions. It is forbidden to councils:
1. To force the inhabitants, be domiciled or passerby to contribute with money or services for parties or public rejoices.
2. Apply or allocate municipal property and income to objects other than public service.
3. To intervene in matters other than their competence, by means of agreements or resolutions.
4. To give votes of applause or of censorship to official acts; but they may ask for the revocation of those they estimate; illegal or inconvenient, exposing the reasons in which they are fused.
5. To deprive the neighbours of other municipalities of the rights, guarantees or protection enjoyed by their own municipality.
6. Decree acts of proscription or persecution against natural or legal persons.
7. Decree aid or donations in favour of natural or legal persons.
8. Take part in the processing or decision of matters that are not of your competence.
ARTICLE 42. CALITAs. To be elected alderman, it is required to be a citizen in exercise and to be born or resident of the respective municipality or the corresponding metropolitan area during the six (6) months preceding the registration or for a minimum period of three (3) consecutive years at any time.
PARAGRAFO. To be elected alderman of the municipalities of the Archipelago department of San Andrés, Providencia and Santa Catalina is required in addition to those determined by law, to be resident of the department according to the norms of control of density population and have residence in the respective constituency for more than ten (10) years completed prior to the date of the election.
ARTICLE 43. SKILLS. 40 of Law 617 of 2000. The new text is as follows: > You may not be registered as a candidate or elected municipal or county councillor:
1. Who has been convicted of a judicial sentence, a custodial sentence, except for political or criminal offenses; or has lost the investiture of a congressman or, as of the validity of this law, that of a deputy or a councillor; or the exercise of a profession; or is in an interdiction for the exercise of public functions.
2. Who within twelve (12) months prior to the date of the election has exercised as a public employee, jurisdiction or political, civil, administrative or military authority, in the respective municipality or district, or who as a public employee of the national, departmental or municipal order, has intervened as a computer for expenditure on the execution of investment resources or the conclusion of contracts, which must be executed or complied with in the respective municipality or district.
3. Who in the year before the election has intervened in the management of business to public entities of the municipal or district level or in the conclusion of contracts with public entities of any level in self-interest or third parties, provided that the contracts are to be executed or complied with in the respective municipality or district. Also, who in the previous year has been the legal representative of entities that administer taxes, fees or contributions, or of entities that provide public services or social security services in the subsidized regime in the respective municipality or district.
4. Who has a marriage, or permanent union, or a second degree of consanguinity, first of affinity or only civil, with officials who within twelve (12) months prior to the election have exercised civil authority, political, administrative or military in the respective municipality or district; or with whom within the same period have been legal representatives of entities that administer taxes, fees or contributions, or of the entities that provide services public or social security in the subsidized scheme in the respective municipality or district. Likewise, who is linked to each other by marriage or permanent union or kinship within the second degree of consanguinity, first of affinity or only civil, and is registered by the same party or political movement for the choice of posts or public corporations to be held in the same municipality or district on the same date.
ARTICLE 44. SIMULTANEOUS INELIGIBILITY. No one may be elected to more than one corporation or public office or to a corporation and a charge, if the respective periods coincide in time, so be partially.
The sitting councilors who aspire to be congressmen must resign their investiture before the date of the registration of their candidacy.
ARTICLE 45. INCOMPATIBILITIES. Councillors will not be able to:
1. 3 of Law 177 of 1994 repealed by article 96 of Law 617 of 2000 >
2. To be taken over to the public entities of the respective municipality or to the persons who administer taxes coming from it, or to celebrate with them, by itself or by person, contract, with the exceptions that later establish.
3. To be members of boards or boards of directors of the central or decentralized sectors of the respective municipality, or of institutions that administer taxes from the same.
4. To enter into contracts or to make arrangements with natural or legal persons under private law who administer, manage or invest public funds from the respective municipality or are contractors of the municipality or receive donations from it.
5. 41 of Law 617 of 2000. The text is as follows: > Be legal representatives, board members or boards, auditors or tax reviewers, employees or contractors of companies providing public or social security services in the respective municipality.
PARAGRAFO 1o. The exercise of the universityis excepted from the incompatibilities regime.
PARAGRAFO 2o. The municipal public officer who names a councillor for a job or public office or holds a contract or accepts that he acts as a manager on his or her own behalf, in contravention of the provided in this article, incurs the cause of misconduct.
ARTICLE 46. EXCEPTIONS. The provisions of the above articles do not prevent the aldermen from being able directly or through proxy to act on the following matters.
(a) In the proceedings or administrative and judicial proceedings in which they, in accordance with the law, themselves, their spouse, their parents or their children, have an interest;
b) Formulate claims for the collection of taxes, contributions, fees, and fines that tax the same persons;
c) 42 of Law 617 of 2000. The new text is as follows: > Use the goods and services that the official entities of any class, the public service providers and social security services offer to the public, under conditions common to all who request.
d) To be proxies or defenders in the processes that are aired before the Judicial Branch of the Public Power. However, the councilors during their Constitutional period may not be taken over by the members or experts in the processes of any kind that aim to manage the fiscal or economic interests of the respective municipality, the public establishments, the industrial and commercial enterprises of the municipal order and the mixed economy companies in which the same entities have more than fifty percent (50%) of the capital.
Provisions analyzed by the Legal Advance Casa Editorial Ltda. ©
"Laws since 1992-Expressed Effective and Constitutionality Sentences"
ISSN [1657-6241 (Online)]
Last Updated: September 23, 2016
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