Chapter I Public Planning Establishments
LexInter | August 16, 2003 | 0 Comments

Chapter I Public Planning Establishments

URBAN PLANNING CODE
(Legislative Part)

Chapter I: Public development establishments

Article L321-1

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(law n ° 85-729 of July 18, 1985 art. 26 XX Official Journal of July 19, 1985)
(Law nº 96-987 of November 14, 1996 art. 19 Official Journal of November 15, 1996)

The public establishments created in application of this chapter are competent to carry out, on their behalf or, with their agreement, on behalf of the State, a local authority or another public establishment, or to carry out all the land interventions and development operations provided for by this code.
When they carry out urban restructuring operations, these public establishments are competent to carry out or have carried out, after consulting the municipalities or groups of municipalities concerned, any operations or actions or any improvements or equipment likely to promote a social development policy. urban as defined in article 1 of law n ° 96-987 of 14 November 1996 relating to the implementation of the revival pact for the city, which may include professional and social integration actions in favor of the inhabitants of large sets or degraded housing districts mentioned in 3 of article 42 of law n ° 95-115 of 4 February 1995 of orientation for the planning and development of the territory included in their zones of territorial activity.
The public development establishments which carry out urban restructuring operations under the conditions provided for in the previous paragraph may, by delegation from the National Public Establishment for the Development and Restructuring of Commercial Spaces, ensure the project management of operations defined in article L. 325-1 and perform the acts of disposal and administration defined in article L. 325-2 ..

Article L321-2

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(Law n ° 85-729 of July 18, 1985 art. 26 XX Official Journal of July 19, 1985)

Public establishments created in application of Article L. 321-1 are industrial and commercial in nature. They are endowed with legal personality and financial autonomy.

Article L321-3

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(Law n ° 85-729 of July 18, 1985 art. 26 XX Official Journal of July 19, 1985)
(Law nº 94-638 of July 25, 1994 art. 36 Official Journal of July 27, 1994)

These establishments are created by decree in the Council of State after consulting the general council (s) and municipal councils concerned.
However, when their area of ​​territorial activity extends over more than one hundred municipalities, the creation decree is taken by the Council of State and the Council of Ministers, after consulting the general councils concerned.
In the department of Guyana, when the area of ​​activity of the establishment extends over the entire territory of the department, the creation decree is taken by the Council of State, after consulting the regional council and the general council.

Article L321-4

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(Law n ° 85-729 of July 18, 1985 art. 26 XX Official Journal of July 19, 1985)

The decree which creates the establishment determines its object, its area of ​​territorial activity and, possibly, its duration. It sets its status, in particular with regard to the composition of the board of directors, the designation of the chairman, that of the director, the powers of the board of directors, the chairman and the director and, where applicable, the conditions of representation. at the special meeting provided for in Article L. 321-5 of the communities and public establishments concerned.

Article L321-5

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(Law n ° 83-636 of July 13, 1983 art. 37 Official Journal of July 14, 1983)
(Law n ° 85-729 of July 18, 1985 art. 26 XX Official Journal of July 19, 1985)

When, because of their number, the local communities and, where applicable, the public establishments interested in the operations and works falling within the object of the establishment cannot all be directly represented on the board of directors, those between those who are not are grouped together in a special assembly.
This assembly elects the representatives to the board of directors. If the special assembly does not appoint its representatives to the board of directors of the establishment, this appointment may be made by decision of the administrative authority.
When a public establishment has been created for the development of a new agglomeration, the representatives, on the board of directors of this establishment, of the municipalities included in the new agglomeration are elected by the agglomeration council of the community or by the trade union committee or the municipal council in the case of a single municipality; the other municipalities, which are linked to this establishment by a project management delegation agreement, each appoint a representative. In this case, a special meeting is not created within the meaning of the first paragraph above.

Article L321-6

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(Law n ° 83-636 of July 13, 1983 art. 38 Official Journal of July 14, 1983)
(Law n ° 85-729 of July 18, 1985 art. 26 XX Official Journal of July 19, 1985)

At least half of the board of directors must be made up of members representing the communities and public establishments concerned.
When a public establishment has been created for the development of a new agglomeration, the presidents of the communities or unions of the new agglomeration are ex officio members of the board of directors of this public establishment, in addition to the statutory representation of interested local communities. In the event that the public establishment was created for the development of several new agglomerations within the meaning of law n ° 83-636 of July 13, 1983 modifying the statute of new agglomerations, a decree determines the distribution of the seats belonging to the representatives. of these new agglomerations.
The members of the board of directors may be suspended from their functions by the authority responsible for supervising the establishment. They can be revoked by interministerial decree. The board of directors can be dissolved by reasoned decree taken by the Council of State.

Article L321-7

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(Law n ° 85-229 of July 18, 1985 art. 26 XX Official Journal of July 19, 1985)

Budget forecasts, borrowing projects and decisions determining the operations to be undertaken by the establishment or fixing the general terms of their termination are subject to the approval of the supervisory authority.

Article L321-8

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(Law n ° 85-729 of July 18, 1985 art. 26 XX Official Journal of July 19, 1985)

In the case provided for in the second paragraph of Article L. 321-3, the provisions relating to the control exercised over the public establishment, the constitution of the special assembly and the appointment of representatives of local authorities may be waived. the board of directors, which must be chosen by assemblies or elected representatives of these communities in accordance with the terms set by the decree creating the establishment.

Article L321-9

(Law n ° 76-1285 of December 31, 1976 Official Journal of January 1, 1977)
(Law n ° 85-729 of July 18, 1985 art. 26 XX Official Journal of July 19, 1985)

A Council of State decree determines the conditions for the application of this chapter.

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