Metropolitan Area
SUBSECTION I
Metropolitan Council
Article 69

Nature and composition

1 - The metropolitan council is the decision-making body of the metropolitan area.

2 - The metropolitan council is composed of the mayors of the municipalities comprised in the metropolitan area.

3 - The metropolitan council elects its own president and two vice-presidents among its members.

4 - The performance of duties in the metropolitan council does not entail any remuneration, except for mission allowance due in accordance with the law. 

 
Article 70
Meetings

1 - The metropolitan council holds 12 monthly meetings a year.

2 - Extraordinary meetings may be called by its president or a third of its members.

3 - The metropolitan council’s meetings are public.

4 - The first meeting takes place within 30 days after the general election of the municipalities’ decision-making bodies, and it is called by the mayor of the municipality with the highest number of elected officials.

5 - The metropolitan council’s meetings can take place all over the territory of any of the municipalities comprised in the metropolitan area.

6 -The president of the metropolitan council may call the members of the metropolitan executive board to attend the meetings of this body whenever he may find it necessary.

7- The provisions of numbers 3 and 4 of Article 40 shall apply with the necessary adjustments.

 
Article 71
Competence

1 - The metropolitan council is given the following competence: 

a) To elect its president and vice-presidents in its first meeting;

b) To define and approve the metropolitan area’s political and strategical course of action;

c) To approve the metropolitan area action plan and draft budget, including the necessary amendments and revisions, as well as to analyse the inventory of all patrimonial property, rights and obligations;

d) To approve the investment and development plans, programmes and projects of metropolitan interest whose legal status is determined in a separate Act, including:

i. Land management metropolitan plan;

ii. Mobility and logistics metropolitan plan;

iii. Civil protection metropolitan plan;

iv. Environment management metropolitan plan;

v. Health, educational, cultural and sports facilities networks management plan;

e) To monitor and verify the activity of the metropolitan executive board, local businesses and any other entities within the perimeter of local administration;

f) To appraise, based on the information provided by the metropolitan executive board, the results of the participation of the metropolitan area in local businesses and any other entities;

g) To know and take a position on the final reports resulting from tutelary actions or audits of the activity of the metropolitan area’s bodies and services;

h) To take a position towards any State bodies or public entities on matters of interest to the metropolitan area;

i) To authorize the conclusion of power delegation contracts with the State and the municipalities, as well as their dissolution and withdrawal;

j) To authorize the metropolitan area to be associated with other public, private or social and cooperative entities, to establish or join other legal persons and to constitute local businesses;   

k) To deliberate the number of metropolitan executive officers, in accordance with this Act;

l) To approve its rules of procedure;

m) To approve, on a proposal of the metropolitan executive board, the rules of procedure with external effects;

n) To deliberate, on a proposal of the metropolitan executive board, the material imputation against the municipalities comprised in the metropolitan area of the expenditure not covered by its own resources;

o) To appraise and deliberate the exercise of the competence of the metropolitan area’s services to collect municipal taxes, as to be defined in a separate Act;

p) To approve or authorize taking out loans;

q) To appoint, on a proposal of the metropolitan executive board, the metropolitan area’s representative to the general assembly of local businesses, as well as its representatives to any other entities, organizations or boards in which the metropolitan area may be participating, whether or not they are part of the local  government perimeter;

r) To appoint, on a proposal of the metropolitan executive board, the statutory auditor or the statutory auditors company;

s) To monitor the metropolitan area’s activity and analyse its impact on local businesses and other entities in which the metropolitan area may hold any participation;

t) To approve the creation or reorganization of metropolitan services;

u) To approve the metropolitan area’s establishment plan;

v) To authorize the metropolitan executive board to conclude concession contracts, following a public tendering procedure, and to settle the corresponding general terms;

w) To accept gifts, bequests and inheritances under benefit of inventory;

x) To authorize the metropolitan executive board to purchase, dispose of or charge real estate property and settle the corresponding general terms, with the possibility of determining the use of public auction, as well as to dispose of or charge any metropolitan area’s artistic property or values, applying the provisions of Article 33, paragraph 2, with the necessary adaptations;

y) To deliberate the participation of the metropolitan area in decentralized cooperation projects and activities, particularly within the European Union and the Community of Portuguese-speaking Countries;

z) To deliberate the specific composition of the strategic council for metropolitan development;

aa) To ratify the rules of procedure of the organization and performance of the strategic council for metropolitan development;

bb) To deliberate the pronouncement on matters provided for in Article 25, paragraph 1, subparagraphs b), c), d) and e), and Article 33, paragraph 1, subparagraph e);

cc) To approve the constitution of the managing body for the municipalities’ requalification, as well as its specific regulation;

dd) To pronounce on and deliberate all matters designed to prosecute the metropolitan area’s duties;

ee) To exercise the additional competences specified in the law and the rules of procedure. 

2 - The metropolitan council is also given the competence to deliberate the executive retirement.

3 - The metropolitan council’s decisions over the matters referred to in paragraph 1, subparagraphs k), n) and o) require unanimity.

Article 72
President
 

The president of the metropolitan council is given the following competence: 

a) To legally represent the metropolitan area;

b) To ensure the metropolitan area’s institutional representation;

c) To convoke regular and special sessions;

d) To preside over the metropolitan council;

e) To install the members of the metropolitan executive board;

f) To initiate the metropolitan executive board’s formation proceedings;

g) To exercise the additional competences specified in the law and the rules of procedure.