I. – The territorial and rural balance cluster is a public establishment formed by agreement between several public establishments of inter-municipal cooperation with their own tax status and, where applicable, a new commune mentioned in the first and second paragraphs of article L. 2113-9 , within a perimeter that is continuous and without enclaves. A public establishment for intercommunal cooperation with its own tax status may not belong to more than one cluster for territorial and rural balance.
The creation of the cluster for territorial and rural balance is decided by concordant deliberations of the deliberative bodies of the public establishments for intercommunal cooperation with their own tax status. It is approved by decree of the State representative in the department where the draft statutes of the cluster establish its headquarters.
I bis. – When, pursuant to I of article L. 2113-5, a new commune is substituted for a public establishment for intercommunal cooperation with its own tax status which is a member of a territorial and rural balance cluster, the new commune may remain a member of this cluster, where applicable, until it joins a public establishment for intercommunal cooperation with its own tax status under the conditions set out in Article L. 2113-9. For the application of this chapter, the municipal council of the new commune exercises the powers conferred on the deliberative body of the public establishment for inter-communal cooperation which is a member of the cluster.
II. – The territorial and rural balance cluster is subject to the rules applicable to the mixed syndicates provided for in article L. 5711-1, subject to this article.
The procedures for distributing the seats on its trade union council between the public establishments for inter-municipal cooperation with their own tax status that make it up take into account the demographic weight of each of the members. Each public inter-municipal cooperation body with its own tax status has at least one seat and no one of them may have more than half of the seats.
III. – A conference of mayors brings together the mayors of the municipalities located within the perimeter of the territorial and rural balance cluster. Each mayor may be replaced by a councillor appointed for this purpose.
The conference is consulted in particular during the preparation, modification and revision of the territorial project. It meets at least once a year.
IV. – A territorial development council brings together representatives of the economic, social, cultural, educational, scientific and associative players in the territorial and rural balance cluster.
It is consulted on the main guidelines of the cluster’s union committee and may give its opinion or be consulted on any issue of territorial interest. The annual activity report drawn up by the development council is debated by the trade union council of the territorial and rural balance cluster.
The operating procedures of the development council are determined by the statutes of the territorial and rural balance cluster.