CHAPTER V : Urban Community

The list of operations transferred ipso jure to the urban community, in accordance with the provisions of article R. 5215-5, is drawn up by the prefect; it is notified by him to the president of the community council and to the mayors of the municipalities concerned. The devolution of the means of financing relating to the said operations is the subject, within ninety days of the notification provided for in…

Work in progress on the date of the transfer of powers is continued: 1° For the operations listed in article R. 5215-4, under the direction, responsibility and at the expense of the communes; 2° For the operations listed in article R. 5215-5, under the direction, responsibility and charge of the urban community. Any amicable agreements reached between the communes and the community set the date from which the transfer of…

With regard to subsidies from the State or other public authorities, loans, assistance funds, contributions from public or private persons relating to the financing of transferred operations, the urban community is automatically substituted for the communes. Where revenue relating to the operations transferred has been received by the municipalities before these operations have begun to be carried out, this revenue is transferred to the urban community. Where the period of…

When, before the start of execution of a transferred operation, costs have been incurred by the commune with a view to carrying out this operation, they may be reimbursed by the urban community under conditions set by amicable agreement.

For the performance of contracts, agreements, procurement contracts or administrative and jurisdictional decisions relating to the operations transferred, the urban community is substituted for the communes. It notifies the interested parties of this substitution, in accordance with the rules applicable to each case, and pursues, where appropriate, the proceedings in progress, in accordance with the procedural rules in force.

In the event that an expropriation procedure has been initiated for the benefit of a commune with a view to carrying out an operation transferred to the urban community, the procedure is continued for the benefit of the latter, which is substituted for the commune in all related acts. The procedure is considered to be initiated, within the meaning of the preceding paragraph, on the date of the prefectoral order…

Works assigned to the public domain, which are completed by the communes after the date of transfer of powers, are, from the date of final acceptance of the works, transferred to the urban community under the conditions provided for by article L. 5215-28. The provisions of article L. 5215-39 are applicable, as regards these works, from the date of transfer of ownership.