Section 3: Powers

For the application of article L. 5215-29 : – An operation is considered to be a coherent whole of such a nature as to be put into service without any additions; – An operation is considered to have been decided upon when the preliminary project and the financing plan have been adopted by a decision of the municipal council that became final before the date of transfer of competences.

The operations decided upon, other than those mentioned in article R. 5215-5, which have received a start of execution constituted by the legal act creating between the contractor and the project manager a definitive contractual obligation, or in the case of work carried out directly, by the constitution of supplies or the start of execution of the work, are continued by the commune; those which have not received a start…

Decided operations relating to concerted development zones are automatically the responsibility of the urban community. The same applies to building projects for secondary schools and special education, to which the provisions of section 2 of title II of law no. 83-663 of 22 July 1983 supplementing law no. 83-8 of 7 January 1983 relating to the division of powers between municipalities, départements, regions and the State apply. The same applies…

Within sixty days of the date of the transfer of powers, the municipal council of each municipality draws up lists of the operations mentioned in article R. 5215-5, distinguishing between: 1° Operations decided upon that have not received a start on execution; 2° Operations in progress; 3° Operations in progress that the communes nevertheless wish to see transferred to the community; 4° Operations that have not received a start on…

For all the municipalities making up the conurbation, the prefect informs the president of the community council: 1° The list of operations decided upon that have not received a start on execution; 2° The list of operations in progress; 3° The list of operations in progress that the communes nevertheless wish to see transferred to the urban community; 4° The list of operations that have not received a start on…

Within sixty days, the community council deliberates on the operations for which the urban community assumes responsibility as well as on the conditions of their financing. It also sets the list of operations that have not been the subject of a beginning of execution that it agrees to have carried out by the communes.

In accordance with the deliberations of the municipal councils and the community council, the prefect draws up the lists of operations falling under the responsibility of each of the municipalities and the urban community respectively. The prefect’s order is notified to the president of the community council and to the mayors of each municipality; it is published in the prefecture’s recueil des actes administratifs.

In urgent cases and at the request of the chairman of the community council, the prefect may authorise the urban community to begin carrying out certain operations for which it is responsible pursuant to the provisions of this sub-section. .

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…