d), 31 (subsection d), 35 (second paragraph), 39, 46, 60, 65, 67, 68, 80, 81, 82, 86, 87, 89, 90, 91, 94, 103, 104, 133, 134, 149 (subsection ch) and 168 of the Municipal Code are hereby reformed, so that henceforth they shall read as follows:
font-family:Verdana!important'> "Article 5.—Municipal competence, defined in the preceding article, does not affect the powers conferred upon other entities of the Public Administration. Nevertheless, these entities shall inform the Concejo and coordinate with it, with due advance notice, the works and projects they intend to carry out in the respective cantón." "Article 13.— Municipalities are granted exemption from all types of taxes, contributions, fees, and any other benefit belonging to state entities, with the exception of taxes also paid by the Central Administration itself; however, municipalities are exempt from the payment of the sales tax (impuesto de ventas)." "Article 15.— Co-participation agreements (convenios de coparticipación) have the force of law between the participating municipalities and shall require, for their effectiveness, the approval of the Contraloría General de la República, which shall rule within the month following receipt of the agreement. If this term expires without a resolution having been issued, the respective agreement shall be deemed approved.
In the event that these agreements involve the creation of an entity different from that which the contracting parties represent, they shall also require the approval of the Asamblea Legislativa." "Article 21.—a)...
- b)Approve budgets, set contributions and fees, and propose municipal tax rate projects to the Asamblea Legislativa, through the Ministerio de Gobernación, which may also be accepted for processing by two diputados.
- d)Enter into agreements, commit the funds or assets, and authorize the exception of fixed expenses and the acquisition of goods and services, up to the following amounts, which shall be under the competence of the Ejecutivo Municipal:
- 1)Up to fifteen thousand colones, in municipalities whose annual budget is ten million colones or less.
- 2)Up to twenty-five thousand colones, in municipalities whose annual budget is greater than ten million colones and less than forty million.
- 3)Up to fifty thousand colones, in municipalities whose annual budget is forty million colones or more.
The limits indicated here may be modified by the Contraloría General de la República, without exceeding the variations in the wholesale price index (índice de precios al por mayor) of the Banco Central de Costa Rica. Such modification shall be made by the Contraloría through a reasoned resolution that must be published in the Diario Oficial." "Article 31.—...
- d)Replace the proprietary regidores (regidores propietarios) who cease in their office, with the alternates (suplentes) from the same political party, following their order of election.
1, 1986." "Article 35.— (Second paragraph).
They shall substitute for the proprietary members (propietarios) of their own political party, in cases of temporary and occasional absence of the latter, and shall be called for this purpose by the President of the Concejo from among those present, according to the order of election.
May 1, 1986." "Article 39.—The Concejo may hold extraordinary sessions that are necessary, to which the proprietary regidores, the alternates, and the síndicos must be summoned. The summons must be made at least twenty-four hours in advance, indicating the purpose of the session, by means of a municipal agreement or as established in Article 57.
In extraordinary sessions, only the matters included in the summons may be heard, in addition to those that by unanimity of those present it is agreed to hear." "Article 46.—The Concejo shall adopt its resolutions by simple majority of the votes of the members present, except in cases where this Code prescribes a special majority.
When a tie occurs in a vote, the vote shall be repeated immediately and, if the tie is repeated, the matter shall be heard at the next ordinary session. Should the tie persist, the matter shall be deemed rejected." "Article 60.—In every municipality there shall be an Accountant (Contador), distinct from the Treasurer (Tesorero). In those with ordinary revenues exceeding ten million colones, there must also be an Auditor (Auditor).
Violation of the provisions in the preceding paragraph shall have as a necessary consequence the disapproval, by the Contraloría General de la República, of any budget of the delinquent municipality." "Article 65.—For each distrito there shall be one proprietary síndico and one alternate, both popularly elected and residents of the respective distrito. The alternate shall substitute for the proprietary síndico in all their functions, with the same rights and obligations.
The provisions of this title regarding requirements, impediments, prohibitions, replacement (reposición), swearing-in, and assumption of office of the regidores shall be applicable to the síndicos, where relevant." "Article 67.— Municipalities may not use or dispose of their assets for purposes other than those entrusted by this Code.
They may not dispose of their resources, whatever they may be, for festivities, lavish entertaining, inaugurations, or similar events, except for the celebration of the following dates: April 11, July 25, September 15, October 12, Municipal Regime Day (August 31), and the anniversary of the founding of the respective cantón. They may only make supreme powers or representatives of foreign organizations, provided that such receptions are of interest to municipal activities.
Donations or loans of any type of resources or of movable or immovable property, as well as their leasing or the extension of guarantees in favor of other persons, may only be given when a special law expressly authorizes it; or when the donation or loan, not relating to money or securities, is of interest to the cantón and in favor of a state institution, with the prior consent of the Contraloría General de la República, in both cases, and according to the procedure set forth in