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Busan Metropolitan City Ordinance on the Establishment of Facilities Management Authority

By Fiscal Innovation Division Jan 31, 2018 466  Views
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BUSAN METROPOLITAN CITY ORDINANCE ON THE ESTABLISHMENT OF FACILITIES MANAGEMENT AUTHORITY

Wholly Amended by Ordinance No. 3557, Sep. 16, 1999

Amended by Ordinance No. 3808, Nov. 28, 2002

Ordinance No. 3984, Feb. 16, 2005

  • Article 1 (Purpose)
  • The purpose of this Ordinance is to provide for matters necessary for the establishment of a Busan Metropolitan City Facilities Management Authority (hereinafter referred to as the "Authority") under Article 76 (1) of the Local Public Enterprises Act (hereinafter referred to as the "Act") in order to contribute to the promotion of Busan citizens' welfare by managing and operating public facilities efficiently. <Amended by Ordinance No. 3984, Feb. 16, 2005>
  • Article 2 (Business)
  • The Authority shall carry out those projects which fall under any of the following subparagraphs:
    • 1. Parking lots construction, management and operation projects;
    • 2. Projects for the vicarious preservation of towed vehicles;
    • 3. Parks and other amusement parks management and operation projects;
    • 4. Projects entrusted by the State, local governments or other public organizations;
    • 5. Projects for the management of facilities, etc. which are designated by the Mayor of Busan Metropolitan City (hereinafter referred to as the "Mayor") with the resolution of the Busan Metropolitan Council (hereinafter referred to as the "Council"); and
    • 6. Projects for the cleaning of facilities falling under subparagraphs 1 through 5 and other projects incidental thereto.
  • Article 3 (Capital) (1) The authorized capital of the Authority shall be five billion won and shall be wholly invested by Busan Metropolitan City (hereinafter referred to as the "City").
  • (2) The payment time and method of the capital under paragraph (1) shall be determined by the Mayor with the resolution of the Council.
  • Article 4 (Officers) (1) (1) The Authority shall have several directors including a president and auditors, whose number shall be provided for by the Articles of Incorporation of the Authority, but the number of directors shall be not more than eleven.
  • (2) The president, the directors and the auditors may be appointed consecutively for a further term: Provided, That the term of office of an ex officio part-time director or an auditor who is a public official of the City taking charge of audit and inspection affairs shall be the period during which he/she holds office.
  • Article 5 (Person to Act on Behalf of President)
  • During the absence or disability of the president, or when that office is vacant, any other director who is provided for by the Articles of Incorporation of the Authority shall act on behalf of the president.
  • Article 6 (Directors)
  • Directors shall be classified into full-time directors and part-time directors, and the number of part-time directors including Grade Ⅲ or higher public officials of the City taking charge of relevant affairs shall be provided for by the Articles of Incorporation of the Authority and the number of full-time directors shall be less than 50/100 of that of directors including the president. <Amended by Ordinance No. 3808, Nov. 28, 2002>
  • Article 7 (Restriction on Representative Authority of Officers)
  • The president or any other director who acts on behalf of the president shall not represent the Authority with respect to matters in which his/her interests conflict with those of the Authority, and an auditor shall represent it if there is no other officer who may do so.
  • Article 8 (Restriction of Participation in Board of Directors)
  • If the Board of Directors deliberates on those matters on which an officer of the Authority or his/her relatives have a conflict of interest, he/she shall refrain from participating in such deliberation.
  • Article 9 (Preparation of Budget)
  • At least forty days prior to the commencement of each project year, the president shall prepare the project plans and the budget during the project year involved in accordance with the budget preparation guidelines established by the Mayor.
  • Article 10 (Correction of Final Accounts)
  • If it is deemed that a statement of final accounts submitted under Article 59 of the Enforcement Decree of the Act is wrong, the Mayor may issue an order to correct that statement.
  • Article 11 (Payment of Expenses Incurred in Conducting Projects on Behalf of State or Local Government)(1) Those expenses which are incurred in connection with projects conducted by the Authority on behalf of the State or a local government under Article 71 (2) of the Act and which fall under any of the following subparagraphs shall be borne by the State or local government:
    • 1. Expenses referred to in Article 63 (2) of the Enforcement Decree of the Act; and
    • 2. Difference between the average price for services as rendered, for any public purpose, gratuitously or at prices below the price for those rendered ordinarily and the actual price therefor.
  • (2) The Authority shall consult with the relevant central administrative agency or local government on the payment of expenses referred to in paragraph (1) 2.
  • Article 12 (Creation of Fund, etc.)(1) Subject to the approval of the Mayor, the president may, if deemed necessary for the conduct of projects of the Authority, establish and administer a Fund with the resolution of the Board of Directors.
  • (2) The City may provide the Authority with subsidies to create the Fund referred to in paragraph (1).
  • Article 13 (Issue of Debentures and Loans)(1) The gross amount of debentures to be issued by the Authority shall not exceed two times its total capital and reserve, and if it invites subscription for new debentures in order to redeem old debentures, the amount of old debentures shall not be included in the said gross amount.
  • Matters necessary for the issue, sale and redemption of debentures shall be provided for by the Articles of Incorporation of the Authority.
  • Article 14 (Short-term Borrowings, etc.)(1) The Authority may, subject to the approval of the Mayor, borrow the funds the repayment period of which is not more than two years.
  • (2) The Authority may, if its cash is insufficient for any such expenditure as its budget permits, borrow funds temporarily, and a ceiling on such borrowing shall be determined by the budget.
  • (3) Those funds which are temporarily borrowed under paragraph (2) shall be repaid in the year involved.
  • Article 15 (Supervision)
  • The Authority shall obtain the approval of the Mayor with respect to those matters which fall under any of the following subparagraphs:
    • 1. Matters concerning organs and the prescribed number of staff; and
    • 2. Matters concerning the establishment, amendment and repeal of important regulations, such as the personnel regulations, the remuneration regulations (including the annual salary contract system regulations and the welfare regulations) and the retirement benefits regulations (including the voluntary retirement regulations).
  • Article 16 (Prohibition of Disclosure of Confidential Information, etc.)
  • A person who was or is an officer or staff member of the Authority shall neither disclose any confidential information which comes to his/her knowledge in the course of performing his/her duties to other persons nor use such confidential information for any purpose other than to perform his/her duties.
  • Article 17 (Keeping of Official Seal of Mayor)
  • Subject to the approval of the Mayor, the Authority may, if necessary for the performance of its affairs such as the imposition and reduction of occupation and use fees, the exemption therefrom or the imposition of charges to be borne by causers or fines for negligence, keep and use his/her official seal in accordance with the Busan Metropolitan City Ordinance on Official Seals. <Amended by Ordinance No. 3984, Feb. 16, 2005>
  • ADDENDA(1) (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation.
  • (2) (Transitional Measures) An officer of the Authority who is appointed before this Ordinance enters into force shall be deemed to be appointed in accordance with this Ordinance and shall hold office for the remainder of his/her term of office.
  • ADDENDUM <Ordinance No. 3808, Nov. 28, 2002>
  • This Ordinance shall enter into force one month after the date of its promulgation.
  • ADDENDUM <Ordinance No. 3984, Feb. 16, 2005>
  • This Ordinance shall enter into force on the date of its promulgation.
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