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171.200 OBGGLCBLCL CH-AG

Act on Citizen Municipalities (Ortsbürgergemeindegesetz, OBGG) - I. Definition (OBGG)

18 Articles / Provisions · Switzerland · Canton of Aargau
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Table of Provisions (18)

Statutory Text (18 Articles)

General Provisions

1. The municipal communities are public law corporations with a limited purpose. They consist of all individuals who possess the municipal citizenship and reside within the area of the corresponding residential municipality.

2. The municipal communities bear the name of the residential municipalities.

General Provisions

1. The local municipalities primarily have the duty of preserving and properly managing their assets (real estate, foundations, capital, etc.).

2. Provided their resources, particularly the revenue from their assets, are sufficient, they are further responsible for

a) Promoting cultural life and supporting cultural and social projects;

b) Assisting in the fulfillment of tasks of the resident municipalities;

c) Carrying out tasks they assign to themselves.

General Provisions

1. For the joint fulfillment of tasks, the local municipal communities can enter into contracts or establish municipal associations or independent public-law municipal institutions.

2. ...

3. Resident communities and third parties can also be included in the cooperation.

Article: Organization

1. Bodies of the Local Citizen Municipality are

a) the Local Citizen Municipality Assembly,

b) the entirety of enfranchised local citizens at the ballot,

c) the Municipal Council,

d) the Finance Commission.

Article: Organization

1. The Local Civic Community Assembly is composed of all local citizens residing in the respective municipality who are eligible to vote.

Article: Organization

1. The Municipal Assembly of Local Citizens exercises oversight over all branches of the administration of the local municipal community.

2. The duties of the Municipal Assembly of Local Citizens include

a) the establishment of the budget and any applicable tax rate;

b) the acceptance of the accountability report, the annual financial statements, and the credit accounts, as well as the decision-making thereon;

c) the decision-making on binding credits and new annually recurring expenditures;

d) the acquisition, sale, and exchange of real estate, as well as the granting of rights to such;

e) the taking out of loans, bonds, and credits;

f) the granting of local citizenship rights;

g) the issuance of the service and salary regulations;

h) the decision-making on cooperation with other municipalities, the approval and any potential dissolution of the corresponding agreements;

i) the decision-making on the establishment of municipal institutions of any kind;

k) the election of the members of the financial commission as well as the necessary vote counters.

Article: Organization

1. The municipal assembly of residents may transfer the following powers to the municipal council

a) Acquisition, sale, and exchange of real estate, as well as the granting of rights to such properties;

b) Securing of loans, bonds, and credits.

2. The transfer of powers can occur without limitations or with restrictions. It can be revoked at any time.

Article: Organization

1. Positive and negative resolutions of the local community assembly must be submitted to a ballot vote upon the request of 10% of the eligible voting members of the local community, unless they are final resolutions in accordance with § 30 of the Municipal Code. The provisions of the Municipal Code apply to the procedure and the legal validity of the resolutions.

2. In all cases, resolutions concerning the merger of a local community with the corresponding resident community are subject to a ballot vote.

Article: Organization

1. The municipal council elected by the resident municipality is the regular administrative and executive authority of the local community municipality. It represents the local community municipality externally, directs its administration, and ensures, in particular, that it is organized and managed appropriately.

Article: Organization

1. The municipal council holds all powers not expressly transferred to the municipal assembly.

2. The municipal council is particularly responsible for

a) the preparation of all business for the municipal assembly and the execution of its resolutions;

b) the direct supervision of the financial administration;

c) the representation of the municipality in all legal disputes;

d) the election of advisory commissions;

e) the election of personnel;

f) the initiation of notices and annotations in the land register in cases prescribed by law;

g) the awarding of public works and supplies;

h) all other duties assigned to it by federal and cantonal regulations and by decisions of superior bodies.

Article: Organization

1. The Finance Commission shall consist of at least three members. The local citizens' municipal assembly determines the number of members in advance for each term of office.

2. The Finance Commission has the same duties and powers within the local citizens' municipality as those of the residents' municipality.

3. ...

4. The Finance Commission of the local citizens' municipality may be established as the one from the residents' municipality.

Financial Budget

1. The corresponding provisions of the Municipal Act apply mutatis mutandis to the financial budget.

2. ...

3. The forestry legislation remains reserved.

4. ...

Financial Budget

1. No monetary or in-kind benefits (citizens' benefits) shall be distributed to individual local citizens from the proceeds of the property of local civic communities. Minor in-kind benefits are not subject to this provision.

Final and Transitional Provisions

1. The provisions of the Municipal Law, particularly regarding autonomy, the establishment of municipal associations, independent and non-independent public-law municipal institutions, municipal mergers, the procedure in the municipal assembly, the deliberations of the municipal council, municipal personnel, state supervision, and legal remedies, apply correspondingly also to the local civic municipalities.

Final and Transitional Provisions

1. This law shall be enacted by the governing council following its acceptance by the people and provided that the municipal law is accepted.

Final and Transitional Provisions

1. § 114 paragraph 2 of the Municipal Act concerning regulations for local municipal communities shall cease to apply upon the entry into force of this Act.

2. Furthermore, this Act repeals

a) § 52 of the Act on Direct State and Municipal Taxes and on Direct Financial Equalization among Resident Communities dated May 17, 1966,

b) § 71 of the Act on Poor Relief dated March 12, 1936.

Final and Transitional Provisions

1. The Law on Direct State and Municipal Taxes and on Direct Financial Equalization Among Resident Municipalities of May 17, 1966, is amended as follows

*Text inserted in the relevant decree.*

Final and Transitional Provisions

1. The execution of this law is the responsibility of the Executive Council. It shall issue the necessary regulations for this purpose.

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