Key Benefits:
The Prime Minister,
On the report of the Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management,
Considering the urban planning code, including its articles L. 321-1 to L. 321-9, R. 121-4-1, R. 321-1 to R. 321-11 and R. 321-20 to R. 321-25;
Considering the code of expropriation because of public utility;
Vu le Decree No. 55-733 of 26 May 1955 amended on the economic and financial control of the State;
Vu le Decree No. 62-1587 of 29 December 1962 amended by-law on public accounting;
Vu le Decree No. 94-582 of 12 July 1994 on the advice and leadership of public institutions and public sector enterprises;
Vu le Decree No. 99-575 of 8 July 1999 the terms and conditions for approval of certain financial decisions of State public institutions;
Considering the opinion issued by the regional council of Provence-Alpes-Côte d'Azur on 4 April 2008;
Considering the opinion issued by the General Council of the Alps-Maritimes on 29 February 2008;
Considering the opinion issued by the community of agglomeration of Nice-Côte d'Azur on 25 April 2008;
In view of the letter dated 30 January 2008 by which the Prefect of the Alps-Maritimes requested the advice of the community of communes of the Coteaux d'Azur;
Considering the opinion of the community of communes in the Esteron Valley on 28 February 2008;
The State Council (section of public works) heard,
Decrete:
It is created, under the name of Public Development Institution of the Plaine du Var, a public development institution of the industrial and commercial state with moral personality and financial autonomy.
This establishment is under the supervision of the Minister for Urban Planning.
This establishment is responsible for conducting all operations in a manner that promotes development, urban renewal, economic development and the enhancement of spaces within the scope set out in the annex to this Order (1).
As such, the institution is authorized on its behalf or, in the framework of agreements with them, for that of the State, territorial authorities or public institutions, in particular, to:
(a) Conduct development and equipment operations;
(b) Acquire, if necessary through expropriation, built or not built buildings;
(c) To die in accordance with provisions of Article L. 21-1 of the Code of Expropriation because of public utility, buildings acquired through expropriation;
(d) Exercising the right of preemption under the conditions provided for by the articles L. 212-1 et seq. of the urban planning code ;
(e) To carry out the necessary studies and work to carry out its mission.
It may, under the conditions defined in section 12, acquire participation in companies, groups or organizations whose purpose directly contributes to the fulfilment of its duties.
The public establishment may also, outside the perimeter mentioned in the first paragraph, acquire built or unbuilt buildings and carry out urban development and equipment operations, complementary to the actions undertaken within this perimeter.
The establishment is administered by a council of twenty-six members, comprising three colleges:
1° The first college comprises eight members representing the state:
a member designated by the Minister responsible for urban planning;
a member designated by the Minister for Transport;
a member designated by the Minister for Land Use Planning;
a member designated by the Minister responsible for the budget;
a member designated by the Minister for Territorial Communities;
a member designated by the Minister of Housing;
a member designated by the Minister for the Environment;
the treasurer-general of the Alpes-Maritimes department;
2° The second college consists of 13 members, representing the local authorities and their public institutions, as follows:
― three representatives of the Provence-Alpes-Côte d'Azur region designated by the regional council;
- three representatives of the Alpes-Maritimes department designated by the General Council;
― four representatives of the Nice-Côte d'Azur community designated within it by the community council;
– two representatives of the community of communes of the Coteaux d'Azur designated within it by the council of the community;
– a representative of the community of communes of the Esteron Valley designated within him by the council of the community;
3° The third college comprises five members, as follows:
the president of the Alps-Maritimes Chamber of Commerce and Industry;
– the president of the University of Nice-Sophia Antipolis;
― three qualified personalities designated by decree of the minister responsible for urban planning, one on proposal of the mixed union of Sophia Antipolis.
The prefect of the Alpes-Maritimes notes, by decree published in the collection of administrative acts of the prefecture, the composition of the board of directors.
Board members are designated for three years. Their mandate is renewable.
The function of those of them who serve as representatives of local authorities or their groupings ceases with the elective mandate they are invested.
In the event of a vacancy, for any reason, the replacement of the member who ceased to be a member of the board by a new member designated in the same manner as the replacement of the member shall be effected within two months. The term of the new member shall expire on the date on which the term of the predecessor would normally have ended.
Members of the board of directors may not take or maintain any interest, occupy any position in the enterprises dealing with the establishment, for contracts of work or supplies or intellectual benefits, or provide benefits for those companies. They cannot in any case lend their expensive assistance to the establishment.
The Board of Directors elects a Chair and Vice-Chairs. At least one vice-president is elected from the first college. This Vice-President or, if not, in the order of election, one of the Vice-Presidents elected from the members of the Second College, supplemented the Chair in the event of absence or incapacity.
The President and Vice-Presidents shall be elected for the duration of their term as administrator. They are eligible for re-election.
The Board of Directors meets at least twice a year.
The board of directors is convened by its president, who sets the agenda and directs the debates. The prefect of the Alpes-Maritimes may submit to the board of directors any matter which the examination seems useful to him. The chair is required to include it on the agenda of the nearest board meeting.
The convocation of the board of directors shall be of law if at least half of the members or the prefect of the Alpes-Maritimes shall send the written request to its president.
The prefect of the Alpes-Maritimes or his representative attends the board of directors and is heard whenever he requests. The departmental equipment director of the Alpes-Maritimes, the economic and financial control authority and the accounting officer have access to the board of directors.
Minutes and deliberations are sent to them.
The agenda of the sessions is notified to Council members at least ten days in advance.
The Board of Directors shall deliberate validly when at least half of its members are present or represented. If the quorum is not reached, the board of directors shall be reconvened within ten days. It then deliberates validly whatever the number of members present or represented.
A member of the absent board may be represented by another member of the same college. Each member of the board of directors can only receive one power.
Decisions shall be taken by an absolute majority of votes cast. In case of equal sharing of votes, the President's voice is preponderant.
The board of directors shall, by its deliberations, regulate the affairs of the institution; as such, in particular:
1° He votes the forecasted statement of income and expenditure;
2° He authorizes loans;
3° It authorizes the conclusion of agreements with the State, territorial authorities and public institutions;
4° He stops the accounts;
5° It sets out the general directions of the public institution, approves multi-year programmes and the list of operations to be undertaken and their funding modalities;
6° It determines the general conditions for recruitment of staff;
7° He sets out the conditions under which he may be tried on behalf of the public institution;
8° It approves transactions;
9° He approves the use of arbitration;
10° It adopts the rules of procedure of the board of directors;
11° It sets the domicile of the public establishment.
It may delegate to the Director General, under the conditions it determines, its powers of decision, except those provided for in 1°, 2°, 4°, 5°, 6°, 9°, 10° and 11°.
The director general of the institution is appointed by order of the Minister responsible for urban planning, after the advice of the chair of the board of directors. It is terminated in the same forms.
The functions of Director General are incompatible with those of a member of the Board of Directors.
The Director General shall assist in the sessions of the Board of Directors.
The Director General is responsible for the investigation of cases that are within the jurisdiction of the institution. It prepares and executes the decisions of the Board of Directors.
He submits to the Board of Directors every year the performance report of the intervention programs.
It manages the establishment, represents it, is in court and conducts transactions under the conditions established by the board of directors, passes contracts, markets, acts of alienation, acquisition, exchange or lease. He is a sponsor of the institution's revenues and expenditures. He recruits and manages the staff and has authority over him. He can delegate his signature.
The financial and accounting regime applicable to the establishment is the result of provisions of articles 190 to 225 of the decree of 29 December 1962 referred to above.
The accounting officer is appointed and performs his duties under the conditions prescribed by thearticle R. 321-7 of the urban planning code.
The economic and financial control of the State is exercised under the conditions provided by the decree of 26 May 1955 referred to above.
The institution's resources include:
1° Endowments, grants, advances, competition funds or participations made by the State, the European Community, territorial authorities, public institutions or national societies, as well as all public or private persons concerned;
2° The proceeds of loans;
3° Compensation for services;
4° The proceeds of the management of property entered into its heritage;
5° The proceeds of disposal of movable and immovable property and rights;
6° Income of household and real estate property and rights;
7° Donations and bequests.
The property is controlled by the prefect of the Alpes-Maritimes. The deliberations on the forecast statement of income and expenditure, its amendment and the financial account shall be carried out under the conditions provided by the Decree of 8 July 1999.
The deliberations of the board of directors relating to acquisitions made under the penultimate paragraph of Article 2 shall be enforceable in full law as the acquisitions are less than a threshold fixed by decree of ministers responsible for the economy, budget and urban planning. When these acquisitions or holdings of participation are greater than the above-mentioned threshold, the deliberations of the board of directors are binding only after the joint approval of the ministers responsible for the economy, budget and urban planning.
The first meeting of the Board of Directors shall be held within three months of the date of publication of this Order.
By derogation from the provisions of section 8, the first appointment of the Director General shall be made by order of the Minister responsible for urban planning.
Upon appointment and until the first meeting of the Board of Directors, the Director General shall make any necessary decisions for the organization and operation of the establishment. To this end, he exercises the powers vested in the board of directors and its president. The Director General reports his decisions to the Board of Directors during its first session.
The Minister of State, Minister of Ecology, Energy, Sustainable Development and Land Management, Minister of the Interior, Overseas and Territorial Communities, Minister of Economy, Industry and Employment, Minister of Housing and the City and Minister of Budget, Public Accounts and Public Service are responsible, each in the case of the Journal, for the execution of the official decree of the French Republic.
Done in Paris, 30 July 2008.
François Fillon
By the Prime Minister:
Minister of State, Minister of Ecology,
of energy, sustainable development
and landscaping,
Jean-Louis Borloo
Minister of Interior, Overseas
and territorial authorities,
Michèle Alliot-Marie
Minister of Economy,
industry and employment,
Christine Lagarde
Minister of Housing and City,
Christine Boutin
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
