Reform The Municipal Code

Original Language Title: REFÓRMASE EL CÓDIGO MUNICIPAL

Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformase-el-codigo-municipal/archivo_documento_legislativo

1. Decree No. 935 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that article 203 of the Constitution provides that the municipalities are governed by Municipal Code that will provide the General principles for their organization, functioning and exercise of its autonomous powers.
II.-that by Decree N ° 274 of the 31 of January of 1986, published in the daily official N ° 23, take N ° 290 of the 5 of February of the same year, was issued the code Municipal.
III.-that the validity of this legal body, reforms have been introduced in order to adapt it to the new needs of the municipalities.
IV.-that with the entry into force of new legal norms with incidence in the Municipal field, is necessary to harmonise the provisions of the code in order to improve the Municipal work.
V that by Decree No. 413 of July 3, the year 2013, published in the Official Journal No. 138, volume no. 400 of date 26 of the same month and year, issued a new Electoral Code, which regulates in their Arts. 165 and 219, plural city councils, which will be integrated and work from the period 2015-2018 Municipal, being necessary to regulate its functioning in municipal governments.
Therefore, in use of them powers constitutional and to initiative of the Member Nery Arely Diaz Aguilar and of the Deputy Carlos Cortez Hernandez and with the support of them members martyr Arnoldo Marin Villanueva, Jose Antonio Almendariz Rivas, Abel heads barrier, Omar Arturo Escobar Oviedo, José Francisco Merino López and Mario Antonio Ponce Lopez.
DECREED: The following amendments to the Municipal Code, issued by Legislative Decree N ° 274 date 31 January 1986, published in the official journal N ° 23, volume 290 dated 5 February of the same year.
Article 1.-Add a final paragraph to article 24, thus: "the choice and integration of the Council shall be made in accordance with the provisions of the Electoral Code."
Article 2.-added a second paragraph to article 25, thus: 2 "aldermen or Councillors or aldermen or alternate Councillors, which act as owners at the City Council meeting, will have all the rights and duties of these."
Article 3.-Add a final paragraph to article 28, thus: "the suspension is will decree with the favorable vote of half plus one of the proprietary Council members; and the dismissal shall be adopted with the favourable vote of two-thirds of the owners Council members. In both cases, the Council will send certification of the decision within the period of three business days after the date that the resolution you purchase State of firmness, the Supreme Electoral Tribunal for the corresponding legal effects."
Article 4.-merge an article 29, thus: "the decisions or resolutions of the Council shall be taken by simple majority, qualified majority voting and special qualified majority.
A simple majority will require the favourable vote of half plus one of the proprietary Council members.
It will require the vote of two-thirds of the owners Council members in decisions or resolutions adopted by qualified majority.
When is required most qualified special, this is will adopt with the vote favorable of them three fourth parts of them member owners of the Council.
In cases that the law do not set the type of majority required to adopt a decision or resolution of the Council, this will be adopted by a simple majority.
The law will establish clear and specific cases that require voting by qualified majority or by special qualified majority for a decision by the Council."
Article 5.-reform paragraph 10 of article 31, thus: "10.-session ordinarily at least once every fifteen days and remarkably often is necessary and previous call of the mayor or mayor, by Yes or at the request of the trustee or Ombudswoman or at least half plus one of the or the aldermen or Councillors or aldermen or councillors owners."
Article 6.-reforming article 41, thus: "article 41.-celebrate session requires at least the half if one of the owners and owners members of the Council.
The absence of one or more owners or owners, be supplemented by the or the elected alternates that correspond to the same party or coalition to which belong the or the owners. In case there is no substitute of the same party or coalition, and for the purpose of forming quorum, the Council will decide by simple majority."

3 article 7.-Add a final paragraph to article 68, thus: "In all the cases mentioned in the preceding paragraphs, will require the vote of three-quarters of the aldermen or councillors owners."
Article 8.-reform paragraph of article 72, first thus: "article 72.-municipalities are required to develop their administrative action and Government, by an approved budget of income and expenses with the same formalities that ordinances and with the favorable vote of half more one of the aldermen or councillors owners."
Article 9.-this Decree shall enter into force eight days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, twenty-eight days of the month of January of the year two thousand and fifteen.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
ENRIQUE ALBERTO LUIS VALDEZ SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE FRANCISCO MERINO LÓPEZ, LORRAINE GUADALUPE PENA MENDOZA, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
CARLOS ARMANDO REYES RAMOS, FIFTH VICE PRESIDENT.
WILLIAM FRANCISCO MATA BENNETT, MANUEL VICENTE MENJIVAR ESQUIVEL, FIRST SECRETARY. SECOND SECRETARY.
SANDRA MARLENE SALGADO GARCÍA, JOSÉ RAFAEL MACHUCA ZELAYA, THIRD SECRETARY. FOURTH SECRETARY.
IRMA PALACIOS LOURDES VASQUEZ, ERNESTO ANTONIO ANGLE MILE, FIFTH SECRETARY. SIXTH SECRETARY.
FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN RODRIGUEZ ORANTES, SEVENTH SECRETARY. EIGHTH SECRETARY.

4. presidential House: San Salvador, thirteen days of the month of February in the year two thousand and fifteen.
PUBLISHED, Salvador Sanchez Ceren, President of the Republic.
Ana Daysi Villalobos Membreño, Deputy Minister of the Interior and Territorial Development, in charge of the firm.
D. o. No. 30 vol. No. 406 date: February 13, 2015 SP/fg 03-03-2015 legislative index