NAME OF THE UNION

ARTICLE 1 – The name of the Union is: ISTANBUL BORDER MUNICIPALITIES UNION. The short name of the Union is IBBB.

CENTER OF THE UNION:

ARTICLE 2 – The center of the Union is BEYOĞLU.

WORKING AREA AND DURATION OF THE UNION:

ARTICLE 3 – The activities of the Union are limited to the jurisdiction areas of the member municipalities of the Union and the working period is unlimited.

FOUNDERS OF THE UNION:

ARTICLE 4 – The founders of the Union are as follows.

1- Metropolitan Municipality

2- Beyoglu Municipality

3- Beşiktaş Municipality

4- Sarıyer Municipality

5- Beykoz Municipality

6- Üsküdar Municipality

PURPOSE, DUTIES AND POWERS OF THE UNION:

ARTICLE 5 – a) To assist the municipalities that are members of the Union to fulfill the services and activities and other duties that they are obliged to perform by law and to perform these services themselves when necessary.

• Planning, housing, financing, urban management, urban well-being and order, urban, social, cultural and economic initiatives, consumer protection and regulation of consumption, solution of environmental problems, tourism and recreation, urban culture, education and arts, defense and protection of members’ rights;
• Physical and social infrastructure services such as water, electricity, sewerage, garbage, transportation, traffic, health, sports, protection and renovation;
• Produces and provides building and construction materials, tools and equipment required for urban services.

• It engages in economic initiatives to meet regional needs, produces industrial goods and services; creates consumption centers at different levels and establishes and operates the necessary facilities to regulate consumption, accepts and organizes investments and aids to be made by member Municipalities.
• The Union establishes and operates companies, partnerships, cooperative-companies in all fields with public institutions or companies established by them or with other Municipal Unions. It creates revolving funds and issues bonds.
• Establishes a Municipalism Training and Research Center to provide training and research services to member municipalities on urbanism and municipalism.
• Purchases vehicles, equipment and construction equipment from domestic and foreign markets on behalf of member municipalities, establishes common vehicle parks, utilizes domestic and foreign credit facilities.
• To have preliminary reports prepared, designs made and projects drawn for all kinds of activities for the purpose of the Union and to organize project competitions if deemed necessary.
• It takes all kinds of initiatives to protect the historical and natural environment, water resources and forest assets within its area of duty, and cooperates with boards, universities, public institutions and organizations and civil organizations in protection works. In particular, it shall take necessary measures to protect the Bosphorus Strait against pollution, combat air, water, soil and sea pollution, make or have made projects on a regional scale for this purpose, purchase vehicles to control environmental pollution from land, sea and air, establish, have established, operate and have operated common treatment, garbage collection and disposal facilities.
  
  • In order to achieve the above-mentioned objectives and to carry out the works falling within the scope of its duties, the Union is vested with all kinds of powers granted to municipalities by the Constitution and municipal legislation. Based on this, the Union acquires, leases, rents, rents, sells, jointly uses movable and immovable property, conducts research and projects, establishes advisory and planning groups.
  • It publishes newspapers, magazines, brochures and conducts cultural activities. It establishes relations and cooperation with international organizations in line with its objectives and participates in these organizations.

• b) The member municipalities of the Union shall realize social, cultural, sportive, chance, commercial and touristic services within the municipal boundaries in a balanced and coordinated manner, based on voluntary public contributions, with the gratuitous and special aids of the state,

  c) Ensuring that the necessary goods and services are allocated to the relevant departments in order to ensure the timely provision of the appropriations of the official offices established and to be newly established within the field of activity of the Union or to eliminate the service disruptions that may arise due to insufficient appropriations.

d) It is among the activities of the union to carry out the works and services, the execution and fulfillment of which are decided by the absolute majority of the union council, and to fulfill other duties imposed on the union by laws and other legislation.

e) The rights, duties and powers related to the works and services decided by the competent bodies of the union to be performed by the union, taking into account the means of the union, shall be deemed to have been transferred and entrusted to the union by the member local administrations in whole or in part according to the content of the decision.

f) To construct, establish and furnish new residential units, green areas, housing areas, new development plans to be built within the field of activity of the Union, to carry out and have their procurement and modification works carried out.

ORGANS OF THE UNION:

ARTICLE 6 – The Bodies of the Union are as follows;

1-Union Council

2-Union Council

3-President of the Union

ESTABLISHMENT, DUTIES AND POWERS OF THE UNION COUNCIL

ORGANIZATION OF THE UNION COUNCIL:

ARTICLE 7 – The Union Council shall consist of 2 (two) members to be elected by secret ballot from among its members by the Municipal Assemblies. Substitute members are also elected as many as the number of full members.

Those whose membership expires for a reason that requires the membership to be dropped cannot be elected as a member of the Union Assembly in the next period.

NATURAL AND OBSERVER MEMBERS OF THE UNION COUNCIL:

ARTICLE 8 – The Mayors of the member municipalities of the Union or those who officially deputize the Mayor (provided that they are not a member of the Union Assembly at the same time and certify the certificate of deputization to the President of the Union Assembly) are natural members of the Union Assembly.

Mayors who are not members of the Union are observer members of the Union Assembly. Natural members participate in the decisions and votes of the Union Assembly like elected members. Observer members express their opinions on the agenda of the Union at the Union Assembly. However, they cannot participate in the decisions and voting of the Assembly.

DUTIES AND POWERS OF THE UNION COUNCIL:
ARTICLE 9 – The duties and powers of the Union Council are as follows:

Electing the members of the Council,
To decide on the work plan and program and the strategic plan,
To discuss and decide on the budget and final account of the Union,

To make transfers between programs and sub-programs of the budget.
To grant additional and extraordinary appropriations.

To examine and accept the work programs for the previous year prepared and presented by the President of the Union. If the work report is not deemed sufficient by a two-thirds majority of the number of council members, action shall be taken against the President of the Union in accordance with Article 26 of the Municipal Law No. 5393. This provision shall not apply if the Presidency of the Union is carried out by the Governor or District Governor.
To make a proposal to the Ministry of Interior on the creation, modification and abolition of the staff of the Union and to decide on the establishment of the staff of the Union organization.
To decide on the increase, if necessary, of the participation share rate to be put into the following year’s budget by the local administrations that are members of the Union, and to decide on the excessive loans and credits.
To decide on loans and mortgages taken on behalf of the Union and the duration of which exceeds one year.
To decide on the purchase, sale and barter of immovable properties,
To monitor the use of conditional aids in accordance with their purpose and to take necessary decisions in this regard,
To discuss and decide on the proposals of the President of the Union on issues related to the services and activities of the Union,

1. To authorize lease, sublease or usufruct agreements for a term of more than ten years or for an annual value of more than YTL 100- (one hundred),
   Mayors and Council Members of the member municipalities can make national and international trips,
   It travels abroad and domestically to examine and receive information on cooperation with foreign, international and public institutions and organizations in relation to the duties specified in the purpose of the organization,
   To examine and accept the regulations to be issued by the Union.
   To decide on amendments to the Articles of Association,
   To decide on the dissolution of the Union,
   To decide that the council members who do not attend three consecutive meetings without an excuse shall be deemed to have resigned,
   To take decisions on other issues requested to be discussed by the President in the assembly,
   The Assembly may establish an Advisory Council and appoint Advisors to contribute scientifically to the activities of the Union.

2. To decide on the construction of the investments of the Union with build-operate or build-operate-transfer model.
   To elect the Union Presidency Council, members of the Union Council and members of the specialized commissions of the Assembly.
   To decide on the establishment of units belonging to the Union organization.
   To resolve the disputes between the Union President and the Union Council.
   To adopt the working regulations of the Union.

   COUNCIL PRESIDENCY COUNCIL:
   ARTICLE 10- Following the general elections of local administrations, the council shall convene within 10 days upon the call of the Governor of Istanbul under the chairmanship of the oldest council member and elect the council president, 1st and 2nd vice president and 2 clerk members for the first 2 years. The elected presidency council shall serve for the first 2 years. After 2 years, the elected members of the presidency council shall serve until the first local administrations general election. In case of a vacancy in the Presidium for any reason, a new member is elected to complete the remaining term.

MEETINGS OF THE UNION ASSEMBLY AND DECISION QUORUM:
ARTICLE 11 – The Union Assembly shall convene at the Union Headquarters in April and November every year. The Assembly convenes with the absolute majority of the total number of members and takes decisions with the majority of the participants. The quorum cannot be less than 4/1 of the total number of Assembly members. The Assembly may be called for an extraordinary meeting upon the request of the President and 3/1 of the Assembly members or the member Local Administration councils. If the required quorum is not achieved, the meeting is postponed by the Chairman for 3 days. The second meeting is opened with not less than 4/1 of the number of members and decisions are taken with the absolute majority of those attending. However, this quorum cannot be less than 4/1 of the total number of council members. No business other than the issues requiring the call cannot be discussed in extraordinary meetings.

FINALIZATION AND ENTRY INTO FORCE OF THE DECISIONS OF THE UNION ASSEMBLY:
ARTICLE 12 – The decisions taken by the Union Assembly shall be sent to the President of the Union. The President of the Union sends back the Assembly Decisions that he deems unlawful within 5 days. If the Assembly insists on its decision, the decision becomes final. The President of the Union may apply to the administrative judiciary within 10 days against the decisions finalized by the decision of the Assembly. Decisions shall be sent to the highest local administrative authority of the neighborhood where the headquarters of the Union is located within 7 days at the latest from the date of finalization. Decisions not sent to the local administrative authority shall not enter into force. Finalized decisions of the Assembly shall be announced to the public through appropriate means within 7 days. Decisions regarding the amendment of the bylaws are finalized and enter into force upon the approval of the Istanbul Governorate.

ENTRY INTO FORCE OF THE DECISIONS OF THE UNION ASSEMBLY:
ARTICLE 13- It was removed from the bylaws with the council decision dated 26/11/2010.

SPECIALIZED COMMITTEES:
ARTICLE 14- The Union Assembly establishes the planning and budget commission at the meeting at the beginning of each semester and elects the members of the commission not exceeding 5. The Union Council may establish other specialized commissions in the fields of activity of the Union at its meeting at the beginning of the term or at other meetings and may elect members to these commissions, not exceeding 5 members.

ESTABLISHMENT, DUTIES AND POWERS OF THE UNION COUNCIL

ORGANIZATION OF THE UNION COUNCIL:
ARTICLE 15- The Union Council shall consist of the President of the Union and maximum 3 members to be elected by the Assembly among its members for a period of one year. Elections for the Council shall be held at the meeting at the beginning of the term and by secret ballot. Those whose term of office has expired can be re-elected. The members of the council to be elected must be from different municipalities. The President of the Union is the president of the council. In the absence of the President, this duty is carried out by the Director of the Union and one of the council members appointed by the President.

DUTIES AND POWERS OF THE UNION COUNCIL:
ARTICLE 16 – The duties and powers of the Union Council are as follows:

To make the first review of the budget prepared by the President of the Union,
Expressing an opinion on the budget final account,
To make transfers between expenditure items within the activity-project of the budget,
To prepare the annual work and investment program of the Union and submit it to the Assembly,
To take the public interest decision required by expropriation procedures,
To impose the penalties stipulated by law.
To decide on settlement of lawsuits up to YTL 2000.
To implement the decisions of the council regarding the purchase, sale, lease and exchange of immovable property.
To decide on matters stipulated in other laws.

UNION COUNCIL MEETING AND DECISION QUORUM:
ARTICLE 17 – The Union Council convenes at least once a month with the absolute majority of the total number of members at a predetermined place, day and time and takes decisions with the majority of those attending. In case of a tie, the side with the chairperson shall be deemed to have the majority. The President may call the council to a meeting in urgent cases
The agenda of the Council is prepared by the chairperson. Issues not referred by the Chairman cannot be discussed. Council members may propose agenda items with the approval of the Chairman.
The matters referred to the Council are discussed and decided within 1 month.

DUTIES AND POWERS OF THE UNION PRESIDENT

UNION PRESIDENCY:
ARTICLE 18 – The Union Council elects the president of the Union for 2 years together with the other members of the presidency council at its first meeting following the establishment of the Union or the announcement of the results of the Local Authorities general elections. At the end of 2 years, like the other members of the Presidium, the Union President shall be elected according to the procedures in Article 10 of the Statute to serve until the first general elections.

THE DUTIES AND POWERS OF THE PRESIDENT OF THE UNION ARE AS FOLLOWS:
ARTICLE 19- The President of the Union is the head of the administration of the Union and the representative of the legal entity.
The duties and powers of the President of the Union are as follows.

To manage the Union and protect the rights and interests of the Union.
To prepare, implement, monitor and evaluate the investment plan and work program, budget and final account and to submit the annual activity report to the assembly.
Representing the Union or appointing a proxy.
To preside over the Union Assembly and the Union Council.
To manage the movable and immovable properties of the Union.
To follow up and collect the income and receivables of the Union.
To conclude contracts subject to the decision of the authorized bodies.
To implement the decisions of the Union Assembly and the Union Council.
To make other appropriation transfers outside the authority of the Union Council and the Union Council.
To appoint the Union personnel.
To audit the Union.
To accept unconditional donations.
To perform the duties and use the powers assigned to the Union by law and which do not require the decision of the Union Council or the Union Council.
To act as the Union’s chief executive officer.

Regarding the termination of the Presidency of the Union, the provisions of the Municipal Law regarding the termination of the Presidency of the Municipality for reasons other than absenteeism shall apply.

ORGANIZATION AND DUTIES OF THE UNION:
ARTICLE 20-
Organization;
The organization of the union consists of a union manager, a clerical manager, a financial services unit and a technical affairs unit. These units may also be carried out by a single officer when necessary.

UNION PERSONNEL
ARTICLE 21 – The President of the Union appoints the Union Manager, Unit Supervisors and other personnel. However, he shall inform the assembly about the appointments of the union director and unit supervisors. The personnel of the Union shall be appointed by the President of the Union and submitted to the approval of the Union Council in accordance with the principles set forth in the Civil Servants Law No. 657 and the “Regulation on the Examination for the First Time Appointees to the Civil Service in the Unions Established by Special Provincial Administrations and Municipalities and the Institutions and Enterprises with Revolving Funds Affiliated to them” published in the Official Gazette dated June 23, 1987 and numbered 19496.

DUTIES OF THE UNION MANAGER:
ARTICLE 22- The Union Manager ensures that the services of the Union are carried out under his directive and responsibility on behalf of the President.
The President of the Union determines which tasks are delegated to the Union Manager by a directive.

FINANCIAL PROVISIONS

REVENUES OF THE UNION:
ARTICLE 23 – The revenues of the Union are as follows:

Participation fees of the members of the Union for the establishment and operating expenses of the Union.
Services in return for services to be collected according to the tariffs to be determined by the Union Council
Appropriations to be transferred from other public institutions and organizations.
Revenues to be obtained from the rent, sale and other valuation of movable and immovable properties.
Rent and interest income.
Donations.
Other revenues.
Unrequited aids and donations from funds allocated to local governments.

ı- Revenues of the Union from its partnerships and enterprises.

EXPENSES OF THE UNION:
ARTICLE 24 – Expenses of the Union are as follows:

Expenses to be incurred for the execution of the services of the Union.
Salaries, wages, allowances, allowances, attendance fees, travel expenses, training expenses related to the service and other expenses paid to the personnel and members of the elected bodies of the Union.
Expenses to be incurred for the follow-up and collection of fees and other revenues to be received for services
Expenses incurred for the supply, construction, maintenance and repair of the service buildings, facilities, tools and equipment of the Union.
Interest and other fees related to borrowing and insurance expenses.
Litigation and enforcement revenues.
Attorney, consultancy and audit fees.
Joint services and other project expenses with public and private sector organizations.
Expenses for representation, ceremony and hospitality.
Other expenses.

PARTICIPATION SHARES OF THE MEMBERS OF THE UNION TO THE ACTIVITY EXPENSES:
ARTICLE 25- Member Municipalities of the Union shall pay at least 01.0% (one per thousand) of the total revenues of their budgets each year based on the budget final accounts of the previous year to the Union as a share of participation in the Union’s operational expenses.

UNION BUDGET
ARTICLE 26 – The budget of the Union is a decision of the Assembly showing the revenue and expenditure estimates for a fiscal year and the following two years and the principles and procedures for their implementation.
Expenditure programs and financing programs shall be attached to the budget in detail. The budget year is the same as the state fiscal year. Extra-budgetary expenditures cannot be made.
The union president and the union director authorized by him as the expenditure authority are responsible for the efficient, frugal and appropriate spending of budget appropriations.
The union council shall discuss and adopt the union budget at its ordinary meeting in November.
The budget is prepared according to the fourth level of economic classification and is discussed and adopted up to the second level in the assembly.

FINALIZATION AND ENTRY INTO FORCE OF THE UNION BUDGET:
ARTICLE 27 – The budget of the Union shall be finalized and enter into force in accordance with the procedures set forth in Article 12 of the By-Laws like other decisions of the Union Assembly.

TOP MANAGER:
ARTICLE 28- The top executive of the Union is the President of the Union.

EXPENDITURE AUTHORITY:
ARTICLE 29- The expenditure authority of the union is the union president. The president may delegate this authority to the union director.

WORK PROGRAM:
ARTICLE 30- The union council discusses and accepts the work program before the budget. Budgets must be prepared in accordance with the work program.

PURCHASE, SALE, TENDER AND ACCOUNT AFFAIRS OF THE UNION:
ARTICLE 31- The Union is subject to the State Procurement Law No. 2886, the Procurement Law No. 4734, the Public Procurement Contracts Law No. 4735, the Public Financial Management and Control Law No. 5081 and the Court of Accounts Law.

BOOKS TO BE KEPT BY THE UNION:
ARTICLE 32- Unions shall keep the books prescribed for unions in the Budget and Accounting Regulation for Municipalities, Affiliated Administrations and Unions.

RESPONSIBILITY OF THE MEMBERS OF THE UNION:
ARTICLE 33- The legal entity of the Union is responsible for all kinds of contracts and commitments made on behalf of the Union.
This liability, which is limited to the assets of the Union, shall in no way bind the legal entity of the member municipality.

MAKING A REGULATION:
ARTICLE 34- The principles and procedures regarding the implementation of this by-law shall be regulated by a by-law.
The by-law shall be adopted by the Union Council and shall be finalized and enter into force according to the principles and procedures set forth in Article 12 of the By-Laws.

JOINING THE UNION:
ARTICLE 35 – After the establishment of the Union, the local administration units wishing to join the Union shall join the Union upon the acceptance of the decision to join by the Union Council and the approval of the Governor.

LEAVING THE UNION:
ARTICLE 36- Member local administrations may leave the union with their own council decisions.

AMENDMENT OF THE STATUTE:
Article 37- The statute of the Union shall be amended by the decision of two-thirds majority of the total number of members of the Union Assembly and the approval of the Governor.
LIQUIDATION OF THE UNION:
Article 38- The Union may be dissolved by the decision of a two-thirds majority of the total number of members of the Union Assembly.
The liquidation of the Union shall be carried out by three public officials determined by the local administrative authority. Liquidation procedures shall be finalized within 1 year at the latest. The assets of the Union shall be distributed in line with the decisions to be taken by the Union Council and according to the participation rates of the member units in the assets of the Union, and if the participation rates are not certain, the local administration units shall be distributed in tenths of their population.

EXECUTION :
ARTICLE 39 – The provisions of this by-law shall be executed by the president of the union.