Key Benefits:
1625 OF 2013
(April 29)
Official Journal No. 48.776 of 29 April 2013
CONGRESS OF THE REPUBLIC
By which the Organic Law 128 of 1994 is repealed and the Regime for the Metropolitan Areas is issued.
COLOMBIA CONGRESS
DECRETA:
OBJECT, NATURE, COMPETENCIES, AND FUNCTIONS.
ARTICLE 1o. present law aims to dictate organic norms to provide the Metropolitan Areas with a political, administrative and fiscal regime, which, within the autonomy recognized by the Constitution and the Law, will serve as a management instrument to perform its functions.
This law repeals Law 128 of 1994 and articulates the normativity regarding the Metropolitan Areas with the provisions contained in the Acts 388 of 1997, 1454 of 2011, 1469 of 2011 and its regulatory decrees, among others.
PARAGRAFO. This law will not apply to the case of Bogotá, Capital District and its conurbated municipalities, which will have a special law.
ARTICLE 2o. OBJECT OF METROPOLITAN AREAS. The Metropolitan Areas are administrative entities governed by public law, formed by a set of two or more municipalities integrated around a core municipality, linked by dynamic and territorial, environmental, economic, social, demographic, cultural and technological interrelations that for the programming and coordination of its sustainable development, human development, territorial planning and rational delivery of services public require a coordinated administration.
ARTICLE 3o. LEGAL NATURE. The Metropolitan Areas are endowed with legal status of public law, administrative autonomy, own patrimony, authority and administrative and special tax system.
ARTICLE 4. CONFORMING. The Metropolitan Areas can be integrated by municipalities of the same department or by municipalities belonging to several departments, around a municipality defined as core.
It will be the core municipality, the capital of the department; in case several municipalities or districts are capital of department or none of them fulfill that condition, the nucleus municipality will be the one with the first major category, of According to Law 617 of 2000.
ARTICLE 5o. JURISDICTION AND DOMICILE. The jurisdiction of the Metropolitan Area corresponds to the entire territory of the municipalities that make it; the domicile and the seat of the Entity will be the nucleus municipality.
ARTICLE 6o. METROPOLITAN AREAS COMPETENCIES. They are the competencies of the Metropolitan Areas on the territory placed under their jurisdiction, in addition to those entrusted to them by other legal provisions, the following:
a) To develop and coordinate the harmonious, integrated and sustainable development of the municipalities that make it up;
(b) To rationalise the provision of public services by the municipalities which form it, and if so, to provide in common some of them; it may participate in its provision in a subsidiary manner, where there is no legal regime governing the provision of services; their benefit or where such regulation exists, it is accepted that the metropolitan area is an official or authorised provider;
c) Run road infrastructure works and develop projects of social interest in the metropolitan area;
d) To establish in line with the provisions of the territorial order, the guidelines and specific guidelines for the management of the territory of the municipalities that integrate it, in order to promote and facilitate the harmonisation of their Territorial Order Plans.
ARTICLE 7o. METROPOLITAN AREAS FUNCTIONS. In accordance with the provisions of Article 319 of the Political Constitution, they are functions of the Metropolitan Areas, in addition to those conferred by other legal provisions, the following:
a) Identify and regulate the Metropolitan Acts, in accordance with the provisions of this law;
b) Formulate and adopt the Comprehensive Plan for Metropolitan Development with a long-term perspective, including the territorial physical planning component in accordance with current legal provisions, as a general rule of character It is mandatory for the municipalities to make use of it by adopting the plans for territorial planning in relation to the matters referred to in the metropolitan facts.
The formulation and adoption of the comprehensive metropolitan development plan should be carried out in line with the national development plans and the territorial entities, so that they are articulated with the guidelines of the national system of planning.
In the Metropolitan Areas located in borders with another country, where there is a high mobility of its population in both directions, the Comprehensive Plan for Metropolitan Development must be carried out under principles that essentially consider its This is a special territorial juncture, through a cross-border instrument, that will enable the integral development of its urban-regional reality to be coordinated from the perspective of strategic planning.
In the Metropolitan Areas where Port Districts exist, the Comprehensive Metropolitan Development Plan should incorporate the policies established by the National Government in this field;
c) Formulate and adopt the Metropolitan Strategic Planning Plan, which will be the framework to which each of the municipalities that make up the area will have to be eligible, when adopting the territorial planning plans;
d) Coordinate in their respective territory the National System of Housing of Social Interest and adopt policies for the development of metropolitan housing programs, in accordance with the current rules, in accordanceLaw 3 1991 and with the Nation's policies and programs on housing of social and priority interest;
e) Create and/or participate in the formation of real estate banks for land management in the municipalities of their jurisdiction;
(f) Coordinate, rationalise and manage metropolitan public services; if necessary, it may participate in its provision in a subsidiary manner where there is no legal regime governing its provision or where it exists. Such regulation, it is accepted that the metropolitan area is an official or authorized provider;
g) Participate in the constitution of public, mixed or private entities for the provision of public services, when the needs of the region so warrant;
h) Take action to ensure that the necessary premises are available for the execution of works of metropolitan interest;
i) To execute metropolitan works in accordance with the provisions of the Comprehensive Metropolitan Development Plan, the Metropolitan Strategic Planning Plan and the plans and programs that develop it or complement;
j) Exercise the functions and powers of environmental authority 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 situations of emergency or calamity, within the framework of their competencies;
l) Subscribe contracts or plan agreements, in the framework of the legal provisions in force;
m) Formulate the regional mobility policy, within the framework of the Metropolitan Strategic Planning Plan, in accordance with the jurisdiction of metropolitan events;
n) Exercise the function of public transport authority in the area of its jurisdiction in accordance with the law, authorizations and approvals granted pursuant to it;
o) Formulate and adopt instruments for the planning and development of metropolitan transport, within the framework of the Metropolitan Strategic Planning Plan;
p) Plan the provision of the urban public passenger transport service in whatever of its competence, for the physical, operational and tariff integration of the different modes of transport, in coordination with the different systems of Mass Transport, SIT and Strategic Transport Systems, where they exist;
q) Formulate, adopt and implement plans for the location, preservation and proper use of free spaces for parks and public green areas;
r) Other that are attributed to it by law or delegated by other authorities, with the respective allocation of resources for the proper fulfilment of the purposes of the public administration.
PARAGRAFO. The Districts set forth in Article 328, Political Constitution, which upon entry into force of this law, exercise as an environmental authority, retain that competence.
CONSTITUTION OF METROPOLITAN AREAS AND RELATIONSHIP WITH THE MEMBER MUNICIPALITIES.
ARTICLE 8o. CONSTITUTION. When two or more municipalities form a set with characteristics of the Metropolitan Area, they may be constituted as such according to the following rules:
(a) They will have the initiative to promote the creation of the mayors of the municipalities concerned, the third part of the councilors of these municipalities, five percent (5%) of the citizens who make up the total electoral census of the municipalities. municipalities and the Governor or Governors of the departments to which the municipalities are intended to be integrated into a Metropolitan Area;
(b) The promoters of the metropolitan area shall draw up the draft constitution in which it is specified as a minimum: the municipalities that will integrate it, the core municipality and the reasons for its creation;
(c) The project will be submitted to the National Registry of the Civil State, so that, within ten (10) working days following the date of receipt, that Entity will carry out the verification of the requirements required in literals (a) and (b), and in If the proposal is to certify that the proposal complies with them, it will convene the popular consultation. The National Registry of the Civil State will provide the means necessary for the organization of the popular consultation;
d) The date to carry out the popular consultation shall in no case be less than three (3) months, not more than five (5) months after the call has been issued and is published on the website of the National Registry of the Civil State. In this period, the call for popular consultation will have to be disseminated periodically through the mass media that will have the greatest impact on the municipalities concerned;
e) The project subject to popular consultation will be understood when the majority of votes in each of the municipalities concerned is favorable to the proposal and the citizen participation has reached at least a quarter of the population registered in the respective electoral census of each of the intervening municipalities;
f) The popular consultation, in each of the municipalities where the project was approved in accordance with the literal e), the respective mayors and the presidents of the municipal councils protocolizan in the Notary First of the municipality core, the conformation of the Metropolitan Area or the entry into an existing one within a period of not more than thirty calendar days;
g) Prior to the filing of the project with the National Registry of the Civil State, the promoters will refer the project to the Special Commission for Follow-up to the Process of Decentralization and Territorial Ordinance of the Senate of the Republic and the House of Representatives, so that in a term no greater than one (1) month, they issue a concept on the convenience, opportunity and other relevant aspects of the constitution of a metropolitan area or annexation of one or more municipalities.
PARAGRAFO 1o. The municipal mayors or municipal councils of the municipalities where the proposal was approved, which hinder the orderly protocol in the literal f) will incur a bad cause. conduct.
PARAGRAFO 2o. In addition to the resources that make up your wealth and income, all of the Metropolitan Areas must provide for in their act of incorporation, or in that which modifies or adds it, the sources and percentages of the contributions of the territorial entities that do part, these must be compatible with the Medium-Term Fiscal Framework of the territorial entity.
Both in the Metropolitan Areas that are constituted at the entry into force of Law 1454 of 2011 as in the metropolitan areas to constitute from the present law, each municipal council At the initiative of its mayor it will issue an agreement in which the sources and percentages of the contributions to which the respective municipality is committed to the financing of the functions of the entity is committed.
If the respective agreement, or of the constitution of the area, has elapsed one year, the municipalities have not defined the income of the present paragraph, they will incur a causal of malfeasance sanctionable for those mayors or The President-in-office of the Council, Mr President, is a very important one.
PARAGRAFO 3o. When it comes to annexing one or more neighboring municipalities to an existing Metropolitan Area, the initiative to propose the annexation will be given by the mayor or mayors of the municipalities concerned, the The Committee of the European People's Party (EC), the Committee of the European People's Party, the Committee of the European People's Party, and the Committee of the European People's Party, are also members of the Council. Its approval will be made by an absolute majority of votes in each of the neighboring municipalities interested in the annexation, by means of the turnout of at least five percent (5%) of the population registered in the respective electoral census.
PARAGRAFO 4o. The administrative act constituting a Metropolitan Area will be considered a mandatory general rule that each municipal council will have to be governed at the time of the approval of the annual budget of the the respective member entity.
The contribution to the areas from the municipal budget is presumed to be a transfer to the public law entities, so that it can be incorporated year by year in the respective spending budget of the respective municipality.
ARTICLE 9o. RELATIONS BETWEEN THE METROPOLITAN AREA, THE MEMBER MUNICIPALITIES AND OTHER ENTITIES. In the framework of the functions established by the Political Constitution and the law, the Metropolitan Areas will deal with the regulation of metropolitan events, and of those aspects which are assigned by law to him by law; consequently, this will be the framework of action of the scope of his intervention and the use of the different resources.
PARAGRAFO. In order to ensure the environmental planning of metropolitan territory, the Metropolitan Areas that exercise the competence of environmental authority, will be able to establish joint commissions for the regulation and management of ecosystems or basins shared with other environmental authorities.
METROPOLITAN FACTS AND CRITERIA FOR THEIR DETERMINATION.
ARTICLE 10. METROPOLITAN FACTS. For the purposes of this law, metropolitan events are those economic, social, technological, environmental, physical, cultural, territorial, political or administrative phenomena that affect or impact simultaneously to two or more of the municipalities that make up the Metropolitan Area.
ARTICLE 11. CRITERIA FOR DETERMINING THE METROPOLITAN FACTS. In addition to the provisions of article 10 of this law, they are criteria for determining the Metropolitan Fact:
1. Territorial Scope. It allows to take into account their impact on the territory, under the consideration of their costs and benefits, to assess whether they have metropolitan scope.
2. Economic efficiency. Sustain the assessment of the impact of the project on the metropolitan and/or regional structure, in terms of the generation of new economies of scale.
3. Financial capacity. Facilitates the analysis of those actions or functions that, by their scale, require investments that exceed individual local capacities.
4. Technical capability. Leads to analyze the functions, works or services, that due to its technical or technological complexity, by the nature of the material resources, the equipment or the methods of management and operation are more efficient and effective at the level supramunicipal.
5. Political-administrative organization. Allows you to evaluate whether the institutional and administrative support required by the attention of the metropolitan fact should correspond to a higher level than the municipal level, as the most suitable instance to understand the problem or the unbalanced situation.
6. Social impact. Evaluates the incidence of the phenomenon or metropolitan fact in the population.
COMPREHENSIVE METROPOLITAN DEVELOPMENT PLANS.
ARTICLE 12. COMPREHENSIVE PLAN FOR METROPOLITAN DEVELOPMENT. It is a long-term strategic general framework with an integrated metropolitan and regional vision, which allows the implementation of a system of coordination, routing and programming of metropolitan development, and establish common criteria and objectives for the sustainable development of the municipalities in their jurisdiction. This framework is a rule of higher hierarchy and is decisive for plans for territorial planning, development plans and other planning instruments in relation to metropolitan events.
The formulation and approval of the comprehensive metropolitan development plan should be carried out in line with the sectoral guidelines contained in the national development plan and the sectoral policies established through the Conpes documents. as well as the development plans of the municipalities that make it up.
ARTICLE 13. COMPONENTS FOR THE FORMULATION OF THE COMPREHENSIVE METROPOLITAN DEVELOPMENT PLAN.
a) It shall contain at least the definition of vision, mission and objectives in relation to the Metropolitan Acts and the competences given to the Metropolitan Areas; as well as the policies, strategies, programmes and projects by which these objectives will be achieved.
The goals for the objectives and the indicators to assess the management of the Comprehensive Metropolitan Development Plan must be defined, with a minimum of four-year intervals;
b) The definition of guidelines for the location of transport infrastructure, public services, equipment and public spaces of metropolitan scale; as well as the areas of reserve for the protection of the environment, natural and landscape resources, the identification of strategic areas eligible to be declared as protected areas, the definition of guidelines for their implementation or operation when defined as metropolitan events;
c) Physical-territorial, social, economic and environmental guidelines, related to metropolitan facts;
d) The determination of the urban-rural structure for medium-and long-term horizons;
e) The definition of policies, strategies and guidelines for the localization of social interest housing programs and projects at metropolitan level;
f) Establishment of mechanisms to ensure the equitable sharing of burdens and benefits, generated by territorial and environmental law; as well as mechanisms for soil management by the metropolitan area;
g) The mandatory general rules that define the objectives and criteria to which the municipalities that make part of the area should be subject, when adopting their plans of territorial planning in relation to the matters referred to the facts metropolitan, in accordance with the provisions of this law;
h) The integral plans for metropolitan development in its component of territorial (social, economic, physical-spatial and environmental) management, will include the programs of execution, harmonizing their vigencies to those established in the law for the plans for territorial planning of the municipalities that make up the municipality;
i) Other guidelines required for plan compliance;
j) The definition of policies, strategies and guidelines for the location, preservation and proper use of free spaces for parks and public green areas of metropolitan scale.
STEERING AND ADMINISTRATION ORGANS.
ARTICLE 14. MANAGEMENT AND ADMINISTRATION BODIES. The Metropolitan Area Management and Administration will be in charge of the Metropolitan Board, the President of the Metropolitan Board, the Director and the Technical Units that according to its statutes essential for the performance of their duties.
ARTICLE 15. METROPOLITAN BOARD. It will be made up of the following members:
1. The Mayors of each of the municipalities that make up the Metropolitan Area.
2. A representative of the Council of the Nucleus Municipality.
3. A representative of the other Municipal Councils appointed among the Presidents of the aforementioned corporations.
4. A permanent delegate of the National Government with a voice but without a vote.
5. One (1) representative of the non-profit entities having their domicile in the area of their jurisdiction and whose main object is the protection of the environment and the renewable natural resources, chosen by themselves.
PARAGRAFO 1o. The Metropolitan Board will be chaired by the Mayor of the core municipality or in his absence by the Vice President.
The Vice President will be a mayor of the municipalities that make up the Metropolitan Area, elected by the members of the Metropolitan Board for a period of one (1) year, which can be re-elected in the same way.
PARAGRAFO 2o. The Metropolitan Board will have as permanent guests, with a voice but no vote to the Presidents of the Advisory Councils for years. You may also have special or occasional guests, in accordance with the thematic needs in exercise of your skills.
ARTICLE 16. PERIOD. The period of the members of the Metropolitan Board will coincide with the period for which they were popularly elected.
ARTICLE 17. SESIONS. The Metropolitan Board shall meet in ordinary sessions at least quarterly, or in an extraordinary manner upon request by the Chairman of the Metropolitan Board or in his absence the Vice President, Director of the Entity, or the third of its members.
PARAGRAFO. In all cases where you consider it appropriate or necessary, the Metropolitan Board with express authorization of the President of the same, may invite persons belonging to the public or private sector to attend with a voice but without a vote for their sessions.
ARTICLE 18. INITIATIVE. The metropolitan agreements may originate in the members of the Metropolitan Board, the Legal Representative of the Metropolitan Area, the councilors of the municipalities that make up the Metropolitan Area, and in the popular initiative according to the Article 155 of the Political Constitution, in relation to the electoral census.
Only the projects of agreement that correspond to the investment and development plans, annual budget of rents and expenses, administrative structure and plant of charges may be submitted by the Director of the Metropolitan Area.
ARTICLE 19. QUORUM AND VOTE. The Metropolitan Board may be validly sessioned with the majority of its members and its decisions shall be taken by an absolute majority of the votes of the members.
PARAGRAFO. The approval of the Comprehensive Metropolitan Development Plan, the Investment Plan, and the Metropolitan Area's Annual Rent and Expenses Budget and the Metropolitan Area Director's election, must count with the affirmative vote of the Chairman of the Board.
ARTICLE 20. BASIC PRIVILEGES OF THE METROPOLITAN BOARD. The Metropolitan Board shall have the following basic privileges:
a) In terms of planning for the harmonious, integral and sustainable development of the territory:
1. Declare the Metropolitan Acts in accordance with the provisions of this Law.
2. Adopt the Comprehensive Plan for Metropolitan Development with a long-term perspective that includes the territorial physical planning component in accordance with the current legal provisions, as a general rule of mandatory character that the municipalities that make up it in relation to the subjects referred to the metropolitan facts must be used.
3. To harmonize the Comprehensive Plan for Metropolitan Development, with the Metropolitan Strategic Plan for Territorial Ordering.
4. Establish policies and plans for the development of metropolitan housing and habitat programs, in accordance with current standards.
5. To authorize the creation and/or participation in the formation of real estate banks for land management in the municipalities of their jurisdiction.
6. Approve the concertation of the aspects related to Metropolitan Facts, Integral Plan of Metropolitan Development and the Obligatory General Norms, contained in the Plans of Territorial Ordinance, Integrated Plans for Urban Development and Macroprojects of National Social Interest.
7. Authorize the subscription of agreements or plan contracts;
b) In terms of streamlining the provision of public services:
1. To authorize, where appropriate, the participation in the provision of public services in a subsidiary manner, provided that the legal regulation of the respective public service so provides or authorizes it.
2. To authorize participation in the formation of public, mixed or private entities for the provision of public services, when the needs of the region so warrant;
c) Metropolitan works of interest:
1. To declare of public interest or of social interest those buildings necessary to meet the requirements of the Comprehensive Plan for Metropolitan Development.
2. Decree the collection of the participation in surplus value by public works or the contribution of valorization in accordance with the law;
d) Natural resources, management , and environment conservation. Adopt in the urban center of the municipalities of its jurisdiction, a metropolitan plan for the protection of the natural resources and defense of the environment, in accordance with the laws and regulations on the matter;
e) In transport:
1. Adopt metropolitan mobility policies and the metropolitan transport planning instruments to which the respective areas should be subject.
2. To fix the rates of the public transport service according to its competence.
3. The transport skills shall be set up in coordination with the different Mass Transport Systems where they exist;
f) In fiscal matter:
1. Issue the area's annual spending and revenue budget.
2. To make recommendations on fiscal and financial policy for municipalities that are part of the area, in particular, seeking integral unification or the harmonization of local tax systems.
3. Approve the Investment Plan and the Annual Income and Expenditure Budget of the Entity;
g) In administrative matter:
1. In accordance with the law, fix the limits, nature and amount within which the Director may conclude contracts, as well as point out the cases in which it requires obtaining prior authorization from the Board for the exercise of this faculty.
2. To authorize the Director to negotiate loans, contracts of public or commercial fiducia; 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 staff plant at the service of the Metropolitan Area, as well as the corresponding remuneration scales.
5. To have the participation of the Metropolitan Area in the constitution and organization of societies, associations, corporations and/or foundations or the entrance to the existing ones.
6. Appoint the Director of the Metropolitan Area in accordance with the procedure and full of the requirements of this law.
7. To fix annually the viatics to the Director and the members of the Board, for official commissions of the Entity to be carried out outside the territory of the metropolitan area.
The fixing of viatics should be carried out in line with what is determined by the National Government under Law 4of 1992 and additional provisions;
h) The others that assign the law to you or are delegated to it according to the law.
ARTICLE 21. OTHER PRIVILEGES OF THE METROPOLITAN BOARDS. In addition to the functions provided for in the previous article, the Statutes of the Metropolitan Area shall define other privileges that are deemed appropriate to assume the Metropolitan Boards, within the limits of the Constitution and the law, as long as they are about metropolitan facts.
ARTICLE 22. METROPOLITAN STRATEGIC PLAN OF TERRITORIAL PLANNING. The Metropolitan Strategic Plan for Territorial Ordering must contain at least the following, depending on the model of territorial occupation:
a) Defining the Strategy and the System for Integral Water Management (catchment, storage, distribution and treatment);
b) Definition of the Metropolitan System of Vies and Urban Public Transport (collective, mixed, massive, individual taxi type);
c) Definition of the Metropolitan Equipment System; its dimensioning according to plans or strategies for citizen security;
d) Dimensioning and defining the strategy for social and priority housing in the metropolitan area and the instruments for land management aimed at this purpose;
e) Ordering the rural and suburban soil;
f) Establishment of mechanisms to ensure the equitable sharing of burdens and benefits, generated by territorial and environmental law;
g) The mandatory general rules that define the objectives and criteria to which the municipalities that make part of the Area must be subject, when adopting their plans of territorial planning in relation to the matters referred to the facts metropolitan, in accordance with the provisions of this law;
h) The program of execution, harmonizing its vigencies to those established in the law for the plans of territorial planning of the municipalities that make it up;
i) The other guidelines necessary for the implementation of the plans.
PARAGRAFO. In order to ensure compliance and assessment of compliance with the Metropolitan Strategic Planning Plan, the respective metropolitan area shall constitute the metropolitan dossier.
ARTICLE 23. AUTHORITY OF THE PRESIDENT OF THE METROPOLITAN BOARD. The Chairman of the Metropolitan Board shall exercise the following powers in accordance with the Political Constitution and the law:
1. Chair the Metropolitan Board.
2. Call for extraordinary sessions.
3. To present to the Metropolitan Board a list of candidates for the election of the Director.
4. To convene the presidents of the councils within thirty (30) days following the installation of the same to elect the representative of those corporations to the Metropolitan Board. If this call is not made, the Director of the Metropolitan Area may be called.
5. To present to the Metropolitan Board the projects according to their competence for the normal development of the metropolitan management.
6. To sanction or submit to the review of the Administrative Contentious Tribunal the Metropolitan Agreements, when it considers them contrary to the legal order. For the exercise of this function, the Chairman of the Metropolitan Board shall have eight (8) days in the case of Agreements that do not consist of more than twenty (20) articles and fifteen (15) days when it is superior to the latter.
7. Adopt by means of metropolitan decree, the Comprehensive Plan of Metropolitan Development, the Investment Plan and the Annual Budget of Rent and Expenses, when after being presented in due form they have not been approved by the Metropolitan Board.
8. Promote the formulation of the Metropolitan Strategic Planning Plan and constitute the Metropolitan Expedient that will enable its implementation and development to be monitored.
9. Regulate by means of metropolitan decrees the agreements issued by the Metropolitan Board when necessary.
10. Delegate to the Director the functions determined by the Metropolitan Board.
11. Accept or not accept the resignation of the Director of the Metropolitan Area.
12. The others who assign you the law, the statutes and the Metropolitan Board.
ARTICLE 24. The Director of the Metropolitan Area. The Director is a public employee of the Area, will be his legal representative and his election will be the responsibility of the Metropolitan Board of Terna to present him the Mayor of the municipality's core municipality within the ten days following the presentation of the vacancy.
If the Board does not appoint the Director within thirty days following the presentation of the term, the Mayor of the nucleus municipality will do so.
The Director is free to remove the mayor of the core municipality, he must have a university degree and credit administrative experience in charge of management in the public or private sector for more than five years.
PARAGRAFO. In case of temporary lack or resignation of the Director of the Metropolitan Area, the mayor of the nucleus municipality will appoint an interim director for the term of the vacancy.
ARTICLE 25. AREA DIRECTOR FUNCTIONS. The Metropolitan Area Director will perform the following functions:
1. Regulate metropolitan agreements when they are empowered to do so.
2. To present to the Metropolitan Board the projects according to their competence for the normal development of the metropolitan management, as well as the other agreements that it considers necessary in the framework of the competences and attributions set forth in the law.
3. To ensure the implementation of the Comprehensive Metropolitan Development Plan and the formulation and implementation of indicators that allow for the process of monitoring and adjusting it.
4. Request the Metropolitan Board to modify the Metropolitan Area's personnel plant and implement it.
5. Link and remove staff from the Metropolitan Area.
6. To direct the administrative action of the Metropolitan Area, subject to the Political Constitution, the Law, the Agreements and the Metropolitan Decrees.
7. To conclude the contracts necessary for the administration of the services, the execution of the metropolitan works, and in general, for the good performance and fulfillment of the functions proper to the Entity, according to the authorizations, limits and amounts to be fixed by the Metropolitan Board.
8. Establish the administrative manuals for internal procedures and the controls necessary for the proper functioning of the institution.
9. Present the draft agreement on the Comprehensive Plan for Metropolitan Development, the Investment Plan and the Annual Budget for Rent and Expenses. The draft budget shall be submitted to the study of the Metropolitan Board before 1 November of each year.
10. To convene the Metropolitan Board for ordinary sessions and to perform the duties of Secretary of the Board, in which he shall act with a voice but without a vote.
11. Manage and ensure the proper use of the assets and funds that constitute the heritage of the Metropolitan Area.
12. Submit to the Metropolitan Board and Municipal Councils, the reports requested on the implementation of the plans and programs of the Metropolitan Area, as well as the financial situation, according to the statutes.
13. To constitute presidents or proxies representing the Metropolitan Area in judicial or litigation matters.
14. Delegate some functions to officials of the entity.
15. To issue the relevant administrative acts to ensure the operation of the Transit and Transport Management Systems (SIT), in accordance with the regulatory framework established by the National Government.
ARTICLE 26. METROPOLITAN COUNCILS. In all of the Metropolitan Areas there will be advisory bodies for the preparation, elaboration and evaluation of the plans of the entity and to recommend the adjustments to be introduced, which will be called councils Metropolitan areas.
In each Metropolitan Area, there must be at least the Metropolitan Planning Council, with mobility and transportation, public services, the environment, and the others deemed necessary, according to the facts. defined metropolitan years and the functions attributed by law or delegated to it.
The Metropolitan Councils will be integrated like this:
1. The Director of the Metropolitan Area or the director of the respective dependency who will preside.
2. The Secretaries, Directors or Heads of the corresponding dependency of the municipalities members of the Metropolitan Area, or the representatives of the respective mayors of the municipalities in which there is no such office or office.
3. By the Secretary, Director or official in charge of the dependency in the respective department or departments, or of the offices that fulfill this function.
PARAGRAFO. The studies that are required will be done directly by the members of the councils, or external advisors can be hired.
ARTICLE 27. MEETINGS OF THE METROPOLITAN COUNCILS. The Metropolitan Councils shall be held in an ordinary manner, at least quarterly and in an extraordinary manner when the Metropolitan Board, the Director of the entity or the third party of its members.
In all cases where it is deemed appropriate or necessary, the Metropolitan Councils may invite persons belonging to the public or private sector to their meetings, who are capable of contributing to the matters that are the subject of of the study of that instance.
EQUITY AND INCOME.
ARTICLE 28. HERITAGE AND INCOME. The heritage and income of the Metropolitan Areas shall be constituted by:
(a) The product of the two per thousand (2 x 1,000) surcharge on the cadastral value of the buildings located in the jurisdiction of the respective Metropolitan Area, in accordance with the article 317 of the Political Constitution;
b) The percentage of participation contributions to the financing of the functions of the Metropolitan Areas that establish the municipal agreements, in accordance with article 25 of Law 1454 of 2011;
c) Contributions, fees, fees, fees and fines for the use and use of renewable natural resources;
(d) The sums collected by way of the contribution of recovery for the execution of works of a metropolitan character;
(e) Resources coming from fees, fees, rights, fines or permits that you perceive in the exercise of the transport authority, or other authorities that have been granted or recognized to you;
f) Budget items to be allocated for the Metropolitan Area in national, departmental, district, municipal or decentralised national, departmental, district or municipal budgets;
g) The product of the performance of your assets or the disposal of your assets;
h) Resources that establish laws, ordinances, and agreements;
i) Donations received from public or private entities;
j) The sums they receive for the provision of services;
k) Transfers of the electrical sector where there is a place;
l) The revenue you receive in project development and concession contracts;
m) The resources from the participation in surplus value generated by the execution of works that advance the Metropolitan Areas, according to the integral plans of metropolitan development and in accordance with the laws in force;
n) The other resources that the laws could allocate.
PARAGRAFO 1o. The treasuries of each municipality that makes up the Metropolitan Area or the administrative entities, as the case may be, will transfer the resources of the metropolitan area, the resources of which deal with the literals (a) and (b) within the ten (10) days following their collection to the account indicated for that purpose. Late payments will be due to interest on arrears of 12% (12%) per year.
The Municipal Treasurer who does not comply with this precept will incur a causal of misconduct sanctioned with removal.
PARAGRAFO 2o. On the initiative of the Mayors, the Municipal Councils that make part of the Metropolitan Areas will be able to authorize them in order to carry out the collection of the surplus value or valorization to the financing of metropolitan impact works.
ARTICLE 29. GUARANTEES. The goods and rents of the Metropolitan Area are of their exclusive property, they enjoy the same guarantees as the public goods.
ARTICLE 30. FISCAL AND MANAGEMENT CONTROL. The fiscal and management control of the Metropolitan Areas corresponds to the departmental Comptroller's Office, where the municipalities that make up the area are located and in case they understand municipalities in various departments, exercise the departmental Comptroller of the "core" municipality.
ACTS AND CONTRACTS.
ARTICLE 31. CONTRACTS. The contracts to be concluded by the Metropolitan Areas shall be subject to the provisions of the General Staff Regulations of the Public Administration.
PARAGRAFO. For the execution of the Macroprojects of National Social Interest, the provisions of article 18 of Law 1469 of 2011 or the rules that add it, modify or replace.
ARTICLE 32. METROPOLITAN ACTS. The acts of the Metropolitan Board shall be called metropolitan agreements; those of the President of the Metropolitan Board, metropolitan decrees and those of the Director, metropolitan resolutions.
The metropolitan agreements and decrees will be, only in the cases attributed to the Metropolitan Area by the Constitution and the law, of superior hierarchy with respect to the municipal administrative acts within its jurisdiction.
The Metropolitan Area, in matters attributed to it, shall not be subject to the provisions of the assemblies or the governorships of the departments concerned.
ARTICLE 33. JUDICIAL REVIEW. The judicial review of the acts, contracts, acts and operations of the Metropolitan Areas shall be of jurisdiction in the jurisdiction of the administrative dispute corresponding to the department to which the Municipality Nucleus.
METROPOLITAN AREA ASSOCIATIONS.
ARTICLE 34. METROPOLITAN AREAS ASSOCIATIONS. In accordance with the provisions of Law 1454 of 2011, two or more Metropolitan Areas of the same department or several departments, may be associated to organize together with the provision of public services, the execution of works of regional scope and the fulfilment of their own administrative functions, by means of a contract or contract-plan concluded by the Directors of the respective Metropolitan Areas, authorized by their metropolitan boards.
The agreement or contract-plan shall be assimilated for legal purposes to an interadministrative agreement, in which specific powers shall be established to delegate or transfer between the various territorial entities, according to the scope of their object.
For the purposes of Law 1454 of 2011, metropolitan areas are considered as associative schemes of territorial integration and will act as instances of articulation of municipal development, in (a) by virtue of which they shall be beneficiaries of the same rights and conditions as the associative schemes of territorial entities provided for in that law.
OTHER PROVISIONS.
ARTICLE 35. The Metropolitan Areas will be able to become Districts, if the citizens resident in that area approve it by a majority of votes in each of the municipalities that make up the area, and provided that participate in the elections, at least a quarter of the citizens registered in the electoral census.
In this case, the municipalities belonging to the Metropolitan Area will disappear as territorial entities and will be subject to the constitutional and legal norms in force for the localities, in accordance with the regime that applies to them. the Capital District of Bogota.
They will have the initiative to promote their creation, the mayors of the municipalities that are part of the metropolitan area, the third part of the municipal councilors, or the ten percent (10 percent) of the citizens who make up the electoral census. the total number of the municipalities.
The promoters of the creation of the district will develop a draft constitution for a new territorial entity, the project will be submitted to the Civil State Registry who will convene a popular consultation for a specific date that will be after a minimum of three (3) months and a maximum of five (5) months, counted from the day the project was received and which shall coincide with the dates provided for municipal consultations in the statutory law of participation mechanisms citizen.
The Civil State Registry will provide the necessary means for the organization of the popular consultation.
ARTICLE 36. COMPETITION FROM SPECIAL DISTRICTS IN THE CONFORMATION OF METROPOLITAN AREAS. Special Districts may be organized as Metropolitan Areas, provided that there are physical, social and economic relationships that give rise to the This feature and coordinate the development of the integrated territorial area through the rationalization of the provision of its services and the execution of works of metropolitan interest.
ARTICLE 37. COACTIVE JURISDICTION. The Metropolitan Areas shall have a coactive jurisdiction, in order to make the claims payable in their favor, in accordance with the rules and procedures established in this respect by the law for the territorial entities.
ARTICLE 38. In no case, the administrative acts that the Metropolitan Areas propose given their status as an instance of planning and management will be able to violate the autonomy of the municipalities that make up the area.
ARTICLE 39. SPECIAL REGIME FOR BOGOTA AND CUNDINAMARCA. The law will define the special rules to which the conformation of a metropolitan area between Bogota and the neighboring municipalities of the department of Cundinamarca would be subject.
ARTICLE 40. In order to give transparency to your performance and keep the citizenry informed, the Metropolitan Areas will have a website to publish online and in real time. information regarding their organisation, procurement and administrative acts that they propose.
