ACT 1625 2013
Official Gazette No. 48776 of April 29, 2013 CONGRESS OF THE REPUBLIC
Whereby the Organic Law 128 of 1994 repealing and ships the regime for Metropolitan Areas. Effective Jurisprudence
THE CONGRESS OF COLOMBIA DECREES: TITLE I.
CHAPTER I. OBJECT, NATURE, FUNCTIONS AND DUTIES.
ARTICLE 1o. PURPOSE OF THE LAW. This law aims to provide organic standards dictate the metropolitan areas of political, administrative and fiscal regime, which in the autonomy recognized by the Constitution and the law, serve as a management tool to perform its functions.
This Act repeals the Act 128 of 1994 and articulates the regulations on Metropolitan Areas with the provisions of Law 388 of 1997, 1454, 2011, 1469, 2011 and its implementing regulations, among others.
PARÁGRAFO. This law does not apply to the case of Bogota, Capital District and its neighboring municipalities, which will have a special law. Effective Jurisprudence
. OBJECT OF THE METROPOLITAN AREAS. Metropolitan areas are administrative entities of public law, formed by a set of two or more integrated municipalities around a town center, linked by dynamic and territorial, environmental, economic, social, demographic, cultural and technological interrelationships for programming and coordination of sustainable development, human development, land use planning and rational provision of public services require a coordinated administration.
ARTICLE 3. LEGAL NATURE. Metropolitan Areas have legal personality under public law, administrative autonomy, own patrimony, and administrative authority and special tax regime.
ARTICLE 4. CONFORMATION. Metropolitan Areas can be integrated by municipalities in the same department or municipalities in various departments around a town defined as core.
Be core municipality, the provincial capital; if several municipalities or districts are capital department or none of them fulfill that condition, the city core will be the one primarily higher category, according to Law 617 of 2000
The 5th ITEM. JURISDICTION AND ADDRESS. The jurisdiction of the metropolitan area corresponds to the entire territory of the municipalities that make up; home and the headquarters of the Bank will be the core municipality.
ARTICLE 6o. POWERS OF THE METROPOLITAN AREAS. They are powers of the metropolitan areas on the territory placed under its jurisdiction, in addition to those conferred on them by other laws, the following:
a) Schedule and coordinate the harmonious development, integrated and sustainable development of the municipalities that make up;
B) Streamlining the provision of public services by municipalities that comprise it, and if it is the case, jointly provide some of them; You may participate in service provision secondarily, where there is no legal regime governing the provision or when such regulation exists, it is accepted that the metropolitan area is an official or authorized provider;
C) Run road infrastructure and develop social projects in the metropolitan area;
D) Establish consistent with what have land management standards, guidelines and specific guidelines for the management of the territory of the municipalities that comprise it, in order to promote and facilitate the harmonization of Land Management Plans .
ARTICLE 7. FUNCTIONS OF THE METROPOLITAN AREAS. In accordance with the provisions of Article 319 of the Constitution, are functions of metropolitan areas, in addition to those conferred by other laws, the following:
a) Identify and regulate the Metropolitans Acts, in accordance with the provisions in this law;
B) formulate and adopt the Comprehensive Plan of Metropolitan Development with long-term perspective including the territorial component of physical planning in accordance with applicable laws, as a general rule of mandatory those that municipalities should benefit the conform to adopt land use plans in relation to the matters referred to metropolitan facts.
The formulation and adoption of the comprehensive plan for metropolitan development should be done in line with national development plans and territorial entities so that tie in with the guidelines of the national planning system.
Located in metropolitan areas in conurbadas borders with another country, where there is a high mobility of the population in both directions, the Comprehensive Plan of Metropolitan Development should be done under principles that essentially consider its particular territorial situation through an instrument border, to coordinate the comprehensive development of its urban-regional reality from the perspective of strategic planning.
In metropolitan areas where there Port Districts, Integral Metropolitan Development Plan should incorporate policies established by the National Government in the matter;
C) To formulate and adopt the Strategic Metropolitan Plan of Land Management, which will be the framework which will benefit each of the municipalities of the area, to adopt land use plans;
D) Coordinate their respective territory the National System of Social Interest Housing and adopt policies for the development of metropolitan housing programs, in accordance with current regulations, according to the 1991 Act 3a and policies and programs of the nation in housing social and priority interest;
E) Create and / or participate in the formation of real estate banks for land management in the municipalities within its jurisdiction;
F) To coordinate, streamline and manage public services metropolitan character; if we add any, you may participate in service provision secondarily the absence of a legal regime governing the provision or when such regulation exists, it is accepted that the metropolitan area is an officer or authorized provider;
G) To participate in the creation of public, mixed or private entities for the provision of public services, when the needs of the region so warrant;
H) to undertake actions that may apply to have the land necessary for the execution of works of metropolitan interest;
I) Execute the works of metropolitan character in accordance with the provisions of the Comprehensive Plan of Metropolitan Development, the Metropolitan Strategic Land Use Plan and the plans and programs that develop or supplement;
J) To exercise the functions and powers of environmental authorities in the urban perimeter in accordance with the provisions of Law 99 of 1993;
K) Support the municipalities that make up the execution of works for the attention of emergency or calamity, in the framework of its powers;
L) Subscribe plan contracts or agreements within the framework of existing laws;
M) Develop regional mobility policy within the framework of the Strategic Metropolitan Plan of Land Management, under the jurisdiction of the metropolitan facts;
N) perform the function of public transport authority in the area of their jurisdiction in accordance with the law, authorizations and approvals granted pursuant thereto;
O) formulate and adopt instruments for planning and development of metropolitan transport, under the Metropolitan Strategic Land Use Plan;
P) Planning the provision of public urban passenger transport whatever their competence, for physical, operational and tariff integration of the various modes of transport, in coordination with the different systems of mass transportation, the SIT and Strategic Transportation Systems, where they exist;
Q) formulate, adopt and implement plans for the location, preservation and proper use of open spaces for parks and public green areas;
R) Other functions are assigned by law or delegated by other authorities, with the respective allocation of resources for the proper fulfillment of the purposes of public administration.
PARÁGRAFO. Districts set out in Article 328, Constitution, that the entry into force of this law, exercise such as environmental authority, retain such jurisdiction.
ESTABLISHMENT OF METROPOLITAN AREAS AND RELATIONSHIP WITH PARTICIPATING MUNICIPALITIES.
Article 8. 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:
a) Have initiative to promote establishment of the mayors of the municipalities concerned, the third of the council members said municipalities, five percent (5%) of the citizens who make up the electoral census aggregated in the same municipalities and the Governor or Governors of the departments they belong to the municipalities that intend to integrate a metropolitan area;
B) The promoters of the metropolitan area will develop the proposed constitution where required as a minimum: The municipalities that integrate the municipality nucleus and the reasons for its creation;
C) The project will be delivered to the National Civil Registry, so that, within ten (10) business days following the date of receipt, that entity carries out the verification of the requirements in paragraphs a) b) certify and if the proposal meets the same, shall convoke the referendum. The National Civil Registry will provide the means necessary for the organization of the referendum;
D) The date for the referendum in no case less than three (3) months nor more than five (5) months has been decreed the call and be published on the website of the National Civil Registry. During this time you should periodically broadcast the call to referendum through the mass media that have greater impact in the municipalities concerned;
E) shall mean approved the draft submitted to referendum where the majority of votes of each of the municipalities concerned is favorable to the proposal and citizen participation has reached at least a quarter of the population recorded in the respective census election of each of the municipalities involved;
F) Accomplished the referendum, in each of the municipalities where the project was approved in accordance with paragraph e), the respective mayors and presidents of municipal councils in the First Notary Office protocolizarán core municipality, conformation Metropolitan area or admission to an already existing within no more than thirty calendar days;
G) Prior to the establishment of the project to the National Civil Registry, the promoters shall send the draft to the Special Commission for Monitoring the Decentralization Process and Land Management of the Senate and House of Representatives, for in a term not exceeding one (1) month, issued concept of convenience, opportunity and other relevant aspects of the creation of a metropolitan area or annexation of one or more municipalities. Effective Jurisprudence
. Mayors and presidents of municipal councils in the municipalities where the proposal, which impede the orderly notarization in the literal f) was adopted incur grounds for misconduct. PARAGRAPH 2.
. In addition to the resources that make up their assets and income, all metropolitan areas should provide in their act of incorporation, or that you change or add to, sources and percentages of the contributions of local authorities that are part, they should be compatible with the Medium Term Fiscal Framework territorial entity.
Both metropolitan areas are constituted of the entry into force of Law 1454 of 2011 as in metropolitan areas to be from the present law, each city council on the initiative of the mayor issued an agreement the sources and percentages of contributions to the respective municipality undertakes destined to finance the entity functions are indicated.
If after a year presented the respective agreement or constitution of the area, municipalities have not defined the income referred to in this paragraph, shall incur grounds for misconduct punishable for those mayors or presidents of municipal councils that are found to have hampered these efforts. PARAGRAPH 3.
. When you try to attach one or more neighboring municipalities to an existing Metropolitan Area, the initiative to propose annexing the will the mayor or mayors of the municipalities concerned, the respective president or presidents of the respective municipal councils, the third of councilors, or five percent (5%) of the citizens who make up the electoral roll of the municipality. Approval shall be by absolute majority of votes in each of the neighboring municipalities interested in annexation by the audience at least five percent (5%) of the population recorded in the respective electoral census.
PARÁGRAFO 4o. The administrative act that constitutes a metropolitan area is considered mandatory rule which will have to govern each city council when approving the annual budget of the respective member state.
The contribution to areas from the municipal budget is budgeted as a transfer to entities of public law, so that every year can be incorporated in the respective expenditure budget of the respective municipality.
Article 9. RELATIONS BETWEEN THE METROPOLITAN AREA, PARTICIPATING MUNICIPALITIES AND OTHER ENTITIES. Within the framework of the functions established by the Constitution and the law, metropolitan areas will address the regulation of metropolitan facts, and those areas that by their powers or responsibilities assigned to it by law; accordingly, this will be the framework for action in the scope of its intervention and the use of various resources.
PARÁGRAFO. In order to ensure environmental planning metropolitan area, metropolitan areas exert environmental competition authority may establish joint for regulation and management of ecosystems and watersheds shared with other environmental authorities commissions.
CHAPTER III. METROPOLITAN
FACTS AND CRITERIA FOR DETERMINATION.
FACTS METROPOLITAN. For the purposes of this law, those facts constitute metropolitan economic, social, technological, environmental, physical, cultural, territorial, political or administrative phenomena, affecting or impacting simultaneously to two or more of the municipalities of the Metropolitan Area.
ARTICLE 11. CRITERIA FOR DETERMINING THE METROPOLITAN FACTS. In addition to the provisions of Article 10 of this Law, are criteria for determining the Metropolitan Made the following:
1. territorial scope. It lets take into account their impact on the territory under consideration of costs and benefits, to assess whether they have metropolitan scope.
2. economic efficiency. Supports the assessment of the impact of the project on metropolitan and / or regional structure, in terms of generating new economies of scale.
3. Financial capability. It facilitates the analysis of those actions or functions that, in scale, require investments that exceed individual local capacities.
4. technical capacity. It leads to analyze the functions, works or services, which for technical or technological complexity, by the nature of the material, equipment or methods of management and operation are more efficient and effective in the supra-municipal level.
5. political and administrative organization. To assess whether the institutional and administrative support that demands the attention of the metropolitan fact must correspond to a level above the city, as the most suitable body to understand the problem or situation dominating.
6. Social impact. Assesses the impact of the phenomenon or fact in the metropolitan population.
METROPOLITAN DEVELOPMENT PLANS COMPREHENSIVE.
ARTICLE 12. INTEGRAL DEVELOPMENT PLAN OF METROPOLITAN. It is a general long-term strategic framework with integrated metropolitan and regional vision, which allows to implement a system of coordination, addressing and programming of metropolitan development, and establish common criteria and objectives for sustainable development of the municipalities within its jurisdiction. This framework is a superior rule of hierarchy and is crucial for land use plans, development plans and other planning tools in regard to metropolitan facts.
The formulation and adoption of the comprehensive plan for metropolitan development, must be carried out in line with the sectoral guidelines contained in the national development plan and sectoral policies established by Conpes documents and development plans of the municipalities that make.
ARTICLE 13. FORMULATION COMPONENTS FOR INTEGRAL DEVELOPMENT PLAN OF METROPOLITAN.
A) It shall contain at least the definition of the vision, mission and objectives regarding the Metropolitans Acts and the powers granted to metropolitan areas; as well as policies, strategies, programs and projects through which these objectives will be achieved.
They must define the goals aimed at achieving the objectives and indicators to assess management Integral Metropolitan Development Plan, with a minimum four-year intervals;
B) The definition of guidelines for the location of the transportation infrastructure, utilities, facilities and public spaces metropolitan scale; as well as reserve areas for the protection of the environment, natural resources and landscape, identifying susceptible to be declared as protected areas strategic areas, the definition of guidelines for execution or operation when defined as metropolitan facts ;
C) The physical-territorial, social, economic and environmental guidelines related to metropolitan facts;
D) Determining the urban-rural structure for horizons of medium and long term;
E) The definition of policies, strategies and guidelines for locating programs and projects of social housing at the metropolitan scale;
F) Establish mechanisms to ensure equitable sharing of burdens and benefits generated by the land and environmental management; as mechanisms for managing land by the metropolitan area;
G) General mandatory rules defining the objectives and criteria which must conform the municipalities that are part of the area when adopting their land use plans in relation to the matters referred to metropolitan facts, in accordance with provided for in this law;
H) Comprehensive plans of metropolitan development in its component of land use planning (social, economic, physical-spatial and environmental) shall include implementation programs, harmonizing their lifetimes than those established in the law for zoning plans of the municipalities that make up;
I) Any other necessary for the fulfillment of the plans guidelines;
J) The definition of policies, strategies and guidelines for the identification, preservation and proper use of open spaces for parks and public green areas of metropolitan scale.
CHAPTER V. BODIES OF MANAGEMENT AND ADMINISTRATION.
ARTICLE 14. BODIES OF MANAGEMENT AND ADMINISTRATION. The Management and Administration of the Metropolitan Area will be headed by the Metropolitan Board, the President of the Metropolitan Board, the Director and the Technical Units that according to its statutes may be essential for the fulfillment of their duties.
ARTICLE 15. BOARD
METROPOLITAN. It will consist of the following members:
1. Mayors of each of the municipalities in the metropolitan area.
2. A representative of the Council of the Municipality Core.
3. A representative of the other municipal councils appointed by the Presidents of the aforementioned corporations.
4. A permanent delegate of the National Government with voice but no vote. Effective Jurisprudence
5. One (1) representative of the non-profit entities domiciled in the area of its jurisdiction and whose main purpose is the protection of the environment and renewable natural resources, chosen by themselves. Effective Jurisprudence
. The Metropolitan Board will be chaired by the Mayor of the core municipality or in his absence by the Vice President.
The Vice President shall be a mayor of the municipalities of the metropolitan area, chosen by the Metropolitan Board members for a period of one (1) year, which may be re-elected in the same way. PARAGRAPH 2.
. The Metropolitan Board will as permanent guests, with voice but no vote to the presidents of Metropolitan Councils Advisors. It also may have special or occasional guests, in accordance with the thematic needs in exercising its powers.
ARTICLE 16. PERIOD. The period of the Metropolitan Board members will coincide with the period for which they were elected popularly.
ARTICLE 17. SESSION
. The Metropolitan Board will meet at least quarterly in ordinary or extraordinary sessions when requested by the President of the Metropolitan Board or in his absence the Vice President, Director of the entity, 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. Editor's Notes
ARTICLE 18. INITIATIVE. The metropolitan arrangements can originate from members of the Metropolitan Board, the Legal Representative of the metropolitan area, the councilors of the municipalities that comprise it, and the popular initiative in accordance with Article 155 of the Constitution, in relation to the electoral roll.
May only be submitted by the Director of the Metropolitan Area agreement projects corresponding to investment plans and development annual budget of revenues and expenditures, administrative structure and plant managers.
ARTICLE 19. 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 the votes of the same.
PARÁGRAFO. The adoption of the Comprehensive Plan of Metropolitan Development, the Investment Plan and the Annual Budget of Revenue and Expenditure for the Metropolitan Area and the election of the Director of the Metropolitan Area shall have the affirmative vote of the Chairman of the Board. Editor's Notes
ARTICLE 20. POWERS OF THE METROPOLITAN BASIC BOARD. The Metropolitan Board has the following basic functions:
a) In terms of planning harmonious, integrated and sustainable development of the territory:
1. Declare the Metropolitans Acts in accordance with the foregoing in this law.
2. To adopt the Comprehensive Plan of Metropolitan Development with long-term perspective that includes the component of territorial physical planning in accordance with applicable laws, as a general rule mandatory for municipalities that conform regarding matters should benefit referring to the metropolitan facts.
3. Harmonize the Integral Plan of Metropolitan Development, the Metropolitan Strategic Land Use Plan.
4. Establish policies and plans for the development of metropolitan housing and habitat programs in accordance with current standards.
5. Authorize the creation and / or participation in the creation of real estate banks for land management in the municipalities within its jurisdiction.
6. Approve the conclusion of matters relating to Metropolitans Acts, Integral Metropolitan Development Plan and General Mandatory Rules contained in the Land Management Plans, Integrated Urban Development Plans and Macroproyectos National Social Interest.
7. Authorize the signing of agreements or contracts plan;
B) Regarding rationalization of the provision of public services:
1. Authorize, as occasion requires, participation in the provision of public services subsidiary basis, provided that the legal regulation of the respective public service so provides or authorize.
2. Authorize the participation in the establishment of public, mixed or private entities for the provision of public services, when the needs of the region so warrant;
C) Regarding works of metropolitan interest:
1. Declare public utility or social interest are those properties needed to meet the anticipated needs in the Comprehensive Plan of Metropolitan Development.
2. Decreeing the payment of capital gain participation in public works or valorización in accordance with the provisions of the law;
D) Natural resources, management and conservation of the environment. Take in the center of the municipalities within its jurisdiction, a metropolitan plan for the protection of natural resources and environmental protection, in accordance with the laws and regulations on the subject;
E) In the field of transport:
1. Adopt policies and instruments metropolitan mobility planning on metropolitan transport that should be subject to the respective areas.
2. Set tariffs of public transport according to their competence.
3. The responsibility for transport be established in coordination with the different Mass Transportation Systems where they exist;
F) In fiscal matters:
1. Issue the annual budget of expenditure and income in the area.
2. Make recommendations on fiscal and financial assistance to municipalities that are part of the policy area, seeking in particular the comprehensive unification or harmonization of local tax systems.
3. To approve the Investment Plan and the Annual Budget of Revenue and Expenditure of the entity;
G) In administrative matters:
1. In accordance with the law, set limits, nature and amount within which the Director may enter into contracts and indicate where required obtain prior approval from the Board for the exercise of this power.
2. Authorize the Director to negotiate loans, contracts for public or commercial trust; and the execution of works by the concession system, according to the law.
3. Adopt or amend the Statutes of the Metropolitan Area.
4. Approve the plant personnel working for the Metropolitan Area and the corresponding pay scales.
5. Provide for the participation of the Metropolitan Area in the constitution and organization of companies, associations, corporations and / or foundations or income to existing ones.
6. Appoint the Director of the Metropolitan Area in accordance with the procedure and filled with the requirements of this law.
7. Fixed annually per diem to the Director and members of the Board for official commissions of the entity to be carried out outside the territory of the metropolitan area.
Fixing allowances must be made in line with what determined by the National Government in implementing the Law 4th of 1992 and supplementary provisions;
H) other duties assigned by law or delegated to it under this.
ARTICLE 21. 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 be defined should bear the Metropolitan Together, within the limits of the Constitution and the law, whenever they deal metropolitan facts.
ITEM 22. STRATEGIC METROPOLITAN TERRITORIAL. The Metropolitan Strategic Land Use Plan must contain at least the following, depending on the model of territorial occupation:
a) Definition of the strategy and the system for Integrated Water Management (collection, storage, treatment and distribution);
B) Definition of the Metropolitan System of Urban Public Roads and Transportation (collective, mixed, massive, single cab type);
C) System Definition metropolitan facilities; dimensioning according to plans or strategies for public safety;
D) Sizing and setting strategy for social and priority housing in the metropolitan area and instruments for land management aimed at this purpose;
E) Planning of rural land and suburban;
F) Establish mechanisms to ensure equitable sharing of burdens and benefits generated by the land and environmental management;
G) General mandatory rules defining the objectives and criteria which must conform the municipalities that are part of the Area, in adopting its land management plans in relation to the matters referred to metropolitan facts, in accordance with provided for in this law;
H) The execution program, harmonizing their lifetimes than those established in the law for zoning plans of the municipalities that make up;
I) Any other necessary for the fulfillment of the plans guidelines.
PARÁGRAFO. In order to ensure the monitoring and evaluation of compliance with the provisions of the Metropolitan Strategic Plan of Land Management, the respective metropolitan area metropolitan shall constitute the record.
ARTICLE 23. POWERS OF THE PRESIDENT OF THE METROPOLITAN BOARD. The President of the Metropolitan Board shall have the following powers under the Constitution and the law:
1. Metropolitan chair the Board.
2. Call special sessions.
3. Metropolitan submit to the Board a list of candidates for the election of the Director.
4. Summon the presidents of the councils within thirty (30) days after installing them to choose the representative of these corporations to the Metropolitan Board. This call not occur, you can make the Director of the Metropolitan Area.
5. Metropolitan submit to the Board draft agreements within its jurisdiction for the normal development of metropolitan management.
6. Punishment or subject to review by the Court of Administrative Agreements metropolitans, when deemed contrary to the legal system. For the exercise of this function the President of the Metropolitan Board will have eight (8) days in the case of agreements which do not appear more than twenty (20) articles and fifteen (15) days when more than this.
7. Metropolitan adopt by decree, the Comprehensive Plan of Metropolitan Development, the Investment Plan and the Annual Budget of Revenue and Expenditure, when after being presented in due form have not been approved by the Metropolitan Board.
8. Promote the development of the Strategic Metropolitan Plan of Territorial Planning and constitute the Metropolitan File that allows to monitor its implementation and development.
9. Regulate through agreements metropolitan decrees issued by the Metropolitan Board when necessary.
10. Delegate to the Director the functions determined by the Junta Metropolitana.
11. Accept or reject the resignation submitted by the Director of the Metropolitan Area.
12. The other duties assigned by law, the statutes and the Metropolitan Board.
ARTICLE 24. THE DIRECTOR OF THE METROPOLITAN AREA. The Director is public employee of the Department, will be its legal representative and your choice will correspond to the Metropolitan Board of three candidates presented by the Mayor of the municipality nucleus of the metropolitan area within ten days of the filing of the vacancy.
If the Board does not appoint the Director within thirty days after the presentation of the short list, will the mayor of the core city.
The Director is free removal of the core Mayor municipality shall have a university degree and demonstrate management experience in leadership position in the public or private sector for more than five years.
PARÁGRAFO. In case of temporary absence or resignation of the Director of the Metropolitan Area, the Mayor of the municipality nucleus appoint an interim Director for the term of the vacancy.
ARTICLE 25. FUNCTIONS OF THE DIRECTOR OF THE AREA. Metropolitan Area Director shall perform the following functions:
1. Regulate the metropolitan arrangements when empowered to do so.
2. Submit to the Board Metropolitana projects according to their competence for the normal development of metropolitan management and other agreements it deems necessary within the framework of the powers and duties established by law.
3. Ensure the implementation of the Comprehensive Plan of Metropolitan Development and the formulation and implementation of indicators for the monitoring process and adjust it.
4. To request the Metropolitan Board modifying the staffing of the Metropolitan Area and implement it.
5. Link and remove the staff of the Metropolitan Area.
6. Direct the administrative action of the metropolitan area, subject to the Constitution, the law, and Metropolitan Agreements Decrees.
7. Conclude the contracts necessary for the administration of services, execution of metropolitan works, and in general, for good performance and compliance of the Institution functions, according to authorizations, limits and amounts to about set him Metropolitan Board.
8. Establish administrative internal procedure manuals and controls necessary for the proper functioning of the entity.
9. Submit draft agreement on the Comprehensive Plan of Metropolitan Development, Investment Plan and the Annual Budget of Revenue and Expenditure. The draft budget shall be submitted to the Metropolitan Board study before November 1 of each year.
10. Convene the Metropolitan Board at regular meetings and perform the duties of Secretary of it, which will act with voice but no vote.
11. Manage and ensure the proper use of goods and funds that are the heritage of the Metropolitan Area.
12. Submit to the Board Metropolitan and Municipal Councils, reports as requested on the implementation of plans and programs of the Metropolitan Area and the financial situation, according to the statutes.
13. Be agents or proxies representing the Metropolitan Area in judicial or litigation matters.
14. Delegate to officials of the entity some functions.
15. Issue the corresponding administrative actions to ensure the functioning of Management Systems Traffic and Transport (SIT), according to the regulatory framework established by the national government.
METROPOLITAN TIPS. In all metropolitan areas will be advisory bodies for the preparation, development and evaluation of the plans of the entity and to recommend adjustments to be made, which will be called metropolitan councils.
In each metropolitan area there should be at least the Metropolitan Planning Council, being able to shape the mobility and transport, public services, environment and others deemed necessary, according to the metropolitan acts defined as the functions assigned delegated by law or under it.
The Metropolitan Councils shall be composed as follows:
1. The Director of the Metropolitan Area or the manager of the respective departments who will preside.
2. Secretaries, Directors or heads of the corresponding dependence of the members of the Metropolitan Area municipalities, or by representatives of the respective mayors of the municipalities where there is no such office or position.
3. By the Secretary, Director or officer in charge of the agency in the respective department or departments or offices that fulfill this function.
PARÁGRAFO. Studies are needed they will be made directly by the members of the councils, or may be contracted external consultants.
ARTICLE 27. MEETINGS OF THE METROPOLITAN TIPS. Metropolitan Councils will meet in ordinary form, at least quarterly and extraordinarily when called by the Junta Metropolitana, the Director of the entity or a third of its members.
In all cases where it is deemed appropriate or necessary, metropolitan councils may invite to its meetings persons in the public or private sector, who are able to contribute to matters that are the subject of study that instance .
HERITAGE AND REVENUES.
ARTICLE 28. ASSETS AND REVENUES. The assets and income of the Metropolitan Areas 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 the respective metropolitan area, in accordance Article 317 of the Constitution; Editor's Notes
B) The percentage share of the contributions destined to finance functions Metropolitan Areas established by the municipal agreements in accordance with Article 25 of Law 1454 of 2011;
C) Contributions, taxes, duties, fees and fines for the use and exploitation of renewable natural resources;
D) Amounts collected on account of valorización for the execution of works of metropolitan character;
E) Proceeds from taxes, tariffs, duties, fines or permits perceived in exercise of the transport authority, or other authorities that have been granted or recognized;
F) The budget items that are intended for the Metropolitan Area in national budgets, departmental, district, municipal or decentralized entities at the national, departmental, district or municipal;
G) The product performance of its assets or the disposal of its property;
H) Resources established by the laws, ordinances and agreements;
I) Donations received from public or private entities;
J) Amounts received for the provision of services;
K) transfers the electricity sector when it any place;
L) Income received in development projects and concession contracts;
M) Proceeds from participation in goodwill generated by the execution of works that advance the metropolitan areas, according to the comprehensive plans of metropolitan development and in accordance with applicable laws;
N) Other resources that laws could assign. PARAGRAPH 1.
. Treasuries of each municipality that forms the metropolitan area or administrative entities, as appropriate, transferred monthly to this, the resources referred to in items a) and b) within ten (10) days following their collection days to the account that are specified for this purpose. For these obligations delay default interest of twelve percent (12%) per annum will accrue.
The City Treasurer who violates this provision shall incur grounds for misconduct punishable by dismissal. PARAGRAPH 2.
. At the initiative of Mayors, municipal councils that are part of the metropolitan areas may authorize in order to make the collection of goodwill or recovery to the financing of works of metropolitan impact.
ARTICLE 29. GUARANTEES. The assets and income of the Metropolitan Area are their exclusive property, enjoy the same guarantees as public goods.
ARTICLE 30. FINANCIAL CONTROL AND MANAGEMENT. Fiscal control and management of metropolitan areas corresponds to the Departmental Comptroller where the municipalities that comprise it and if municipalities comprising several departments, shall exercise the Departmental Comptroller of the municipality "core".
ACTS AND CONTRACTS.
ARTICLE 31. CONTRACTS. Contracts entered Metros are subject to the provisions of the General Contracting Code of the Public Administration.
PARÁGRAFO. For the implementation of the National Social Interest Macroproyectos provisions will be addressed in Article 18 of Law 1469 of 2011 or the rules that supplement, amend or replace.
METROPOLITAN ARTICLE 32. ACTS. The acts of the Junta Metropolitana metropolitan arrangements are referred; the President of the Junta Metropolitana, Metropolitan decrees and Director, metropolitan resolutions.
Agreements and metropolitan decrees will be only in the matters attributed to the Metropolitan 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. Effective Jurisprudence
ARTICLE 33. JUDICIAL REVIEW. Judicial review of the acts, contracts, deeds and operations Metropolitan Areas will be within the jurisdiction of the corresponding administrative litigation department which belongs to the municipality Core.
ASSOCIATIONS OF METROPOLITAN AREAS.
ARTICLE 34. ASSOCIATIONS OF METROPOLITAN AREAS. In accordance with the provisions of Law 1454 of 2011, two or more metropolitan areas in the same department or several departments, they could be involved to jointly organize the provision of public services, the execution of works of regional and fulfilling own administrative functions by agreement or contract-plan signed by the Directors of the respective metropolitan areas, metropolitan previously authorized by their boards.
The agreement or contract-plan shall be treated for legal purposes an administrative agreement where specific powers to delegate or transfer between different territorial entities as its object the field will be established.
For the purposes of the Act 1454 of 2011, they are considered to metropolitan areas as associative territorial integration schemes and will act as coordinating bodies of municipal development, under which they will benefit from the same rights and conditions associative schemes of territorial entities under the law.
ARTICLE 35 CONVERSION
DISTRICTS. Metropolitan Areas may become Districts, if approved in referendum the citizens living in that area by majority vote in each of the municipalities that form, and provided they 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. Will
initiative to promote creation Mayors of the municipalities that are part of the metropolitan area, the third of the councilors of these municipalities, or ten percent (10%) of citizens that make up the electoral roll of totalized the same municipalities.
The promoters of the creation of the district will prepare a draft constitution of new territorial entity, the project will be delivered to the Civil Registry Office who shall call referendum on a certain date will be after a minimum of three (3) months and a maximum of five (5) months from the date that the project was received 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.
ARTICLE 36. COMPETENCE OF SPECIAL DISTRICTS IN FORMING OF METROPOLITAN AREAS. Special Districts may organize themselves as metropolitan areas, where there are some physical, social and economic relations that give rise to all of that feature and coordinate the development of territorial space integrated by streamlining the provision of services and execution of works of metropolitan interest.
summary jurisdiction. Metropolitan Areas have coercive jurisdiction to enforce the applicable credits in its favor, in accordance with the rules and procedures foreseen by the law for local authorities.
ARTICLE 38. In any case the administrative acts profieran Metropolitan Areas given its status as planning and management body may undermine the autonomy of municipalities that comprise it.
ARTICLE 39. SPECIAL SCHEME FOR Bogota and Cundinamarca. The law will define the special rules that the formation of a metropolitan area between Bogota and neighboring municipalities in Cundinamarca department would be subject. Effective Jurisprudence
ARTICLE 40. In order to give transparency to their performance and keep the public informed, metropolitan areas will have a web page in order to publish online and real-time information about their organization, recruitment and They profieran administrative acts.