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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON IMPROVEMENT OF PERFORMANCE AND PROMOTION OF INCREASED USEFUL LIFE OF DILAPIDATED INFRASTRUCTURE

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON IMPROVEMENT OF PERFORMANCE AND PROMOTION OF INCREASED USEFUL LIFE OF DILAPIDATED INFRASTRUCTURE

Article 1 (Purpose) The purpose of this Ordinance is to provide for matters necessary to enhance the safety and efficient management of dilapidated infrastructure by improving the performance of and promoting increased useful life of dilapidated infrastructure in the Seoul Metropolitan Government.

Article 2 (Definitions) The definitions of terms used in this Ordinance shall be as follows:
1. The term "dilapidated infrastructure" means structures defined in subparagraph 1 of Article 2 of the Special Act on the Safety Control of Public Structures (hereinafter referred to as the "Act") and main sewers completed at least 30 years ago, operated by the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor");
2. The term "operations and maintenance" means conducting activities necessary to inspect and maintain structures on a daily basis; to reinstate damaged parts; and improve, repair, and reinforce structures required over time, in order to preserve the functions of structures completed and ensure convenience and safety for users of structures;
3. The term "improving performance" means structurally improving the specifications, performance, and efficiency of dilapidated infrastructure in response to changes in demand and diversification in the future, among activities to operate and maintain infrastructure under subparagraph 2;
4. The term "increasing useful life" means maintaining the structural functions and durability of all the relevant structures in advance at the point in time before integral structural failure, in order to prolong or extend the useful life of dilapidated infrastructure for the purpose of improving the efficiency of life-cycle cost, and the safety, of structures;
5. The term "life-cycle cost" means the total cost over the life of a structure covering the construction, use, operations and maintenance, disuse, disposal, etc. of the structure;
6. The term "remaining useful life" means the remaining duration theoretically predicted through the evaluation of the structural performance and durability of a structure.

Article 3 (Relationship to Other Statutes) Except as otherwise expressly provided for by other statutes or ordinances, this Ordinance shall apply to improvement of performance and promotion of increased useful life of dilapidated infrastructure.

Article 4 (Responsibility of Mayor) The Mayor shall proactively endeavor to ensure the safety, and increase the efficiency, of dilapidated infrastructure.

Article 5 (Preparation of Report on Evaluation of Status) (1) The Mayor shall prepare a report on the evaluation of the status of dilapidated infrastructure referred to in subparagraph 1 of Article 2 (hereinafter referred to as "dilapidated infrastructure"), after he/she examines and evaluates the following matters on each structure and incorporates the examinations and evaluations thereof, and update such report every five years:
1. An outline of infrastructure, and the operation status thereof;
2. Changes in demand for use (or capacity), and demand forecast;
3. Changes in durability, and the status thereof;
4. Changes in structural performance, and the status thereof;
5. Records of operations and maintenance, such as repairs and reinforcement, and the status thereof;
6. Evaluation of the remaining useful life;
7. Evaluation of the effect caused by loss from unexpected collapse, the suspension of operations, etc.;
8. Judgment on the necessity of improving performance (if necessary, including a basic plan);
9. Judgment on the necessity of increasing useful life (if necessary, including an action plan);
10. Future value, based on improved performance and increased useful life;
11. Details of funds provided after the completion of construction and the amount of funds necessary for improving performance and increasing the useful life;
12. Other matters resolved on by the Performance Improvement Committee established under Article 7, as necessary.
(2) Where the Mayor prepares a report on the evaluation of the status referred to in paragraph (1), he/she may utilize relevant data published by the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government"), such as reports on the safety inspections and close safety examinations conducted pursuant to Articles 6 through 7-2 of the Act.

Article 6 (Formulation of Comprehensive Operation Plan) (1) The Mayor shall formulate a comprehensive operation plan for improving performance and increasing useful life of dilapidated infrastructure in the Seoul Metropolitan Government (hereinafter referred to as "comprehensive operation plan"), based on a report on the evaluation of the status under Article 5, within six months after he/she prepares such report; and shall update the comprehensive operation plan every five years.
(2) A comprehensive operation plan shall include the following matters:
1. Overall operation status of dilapidated infrastructure;
2. A basic plan for improving performance and increasing useful life;
3. A mid- and long-term plan to secure funds;
4. Selection of priority of investment in dilapidated infrastructure and a yearly investment plan;
5. A plan for investment in research and development to operate and maintain, improve performance of, and increase useful life of, dilapidated infrastructure;
6. Other matters the chairperson of the Performance Improvement Committee established under Article 7 deems necessary.

Article 7 (Organization and Operation of Performance Improvement Committee) (1) The Major may organize and operate a Committee for Improving Performance of Dilapidated Infrastructure in the Seoul Metropolitan Government (hereinafter referred to as the "Performance Improvement Committee") in order to conduct deliberation on and seek advice for securing the validity by making a report on the evaluation of the status under Article 5, establishing a comprehensive operation plan under Article 6, etc. <Amended by Ordinance No. 6669, Sep. 21, 2017>
(2) Members of the Performance Improvement Committee shall be comprised of not exceeding 40 members from among the following persons, and they shall be appointed and commissioned by the Major: <Amended by Ordinance No. 6669, Sep. 21, 2017>
1. Members of the relevant standing committee of the Seoul Metropolitan Council (hereinafter referred to as the "Council");
2. Competent public officials of the Seoul Government;
3. Persons from related industrial businesses, schools, and research institutes who are experts on the construction, operations and maintenance, etc. of infrastructure;
4. Persons from related associations who are experts on the construction, operations and maintenance, etc. of infrastructure;
5. Other persons who have contributed to improving performance and increasing useful life of dilapidated infrastructure.
(3) The Director General of a related bureau of the Seoul Government shall serve as the chairperson of the Performance Improvement Committee, and the Director of a related bureau of the Seoul Government and Director in charge of finance of the Seoul Government shall serve as two vice chairpersons, and one administrative secretary shall be appointed by the Chairperson from among the managers of related departments. <Amended by Ordinance No. 6669, Sep. 21, 2017>
(4) The Performance Improvement Committee shall conduct deliberations, and provide advice and suggestions, on the following matters:
1. Viability of a basic plan for preparing a report on the evaluation of status under Article 5 and the outcomes thereof;
2. Viability of a basic plan for formulating a comprehensive operation plan under Article 6 and the outcomes thereof;
3. Other matters requested by the Mayor for improving performance, and increasing useful life, of dilapidated infrastructure.
(5) Where the Performance Improvement Committee intends to check the site of dilapidated infrastructure, the Mayor shall provide effective support.
(6) The subcommittee in professional fields may be established for the effective operation. <Amended by Ordinance No. 6669, Sep. 21, 2017>
(7) The term of office of commissioned members among members of the Performance Improvement Committee shall be two years, and they may serve two consecutive terms. <Newly Inserted by Ordinance No. 6669, Sep. 21, 2017>

Article 8 (Establishment and Operation of General Policy Committee of Infrastructure) (1) If necessary for formulating the comprehensive operation plan under Article 6 and judging for the decisive conciliation and resolution in enforcing the plan, the Major may temporarily establish and operate the General Policy Committee of Infrastructure in the Seoul Metropolitan Government (hereinafter referred to as the "General Policy Committee of Infrastructure"):
(2) The chairperson of the General Policy Committee of Infrastructure shall be the Major, and the vice chairperson shall be Vice-Mayor Ⅰ and Vice-Mayor Ⅱ for Administrative Affairs..
(3) Members of the General Policy Committee of Infrastructure shall be comprised of not exceeding 30 members among any of the following persons, and they shall be appointed and commissioned by the Major:
1. Members of the relevant standing committee of the Council;
2. Head of Office, Headquarter and Bureau related to financial affair of the Seoul Metropolitan;
3. Head of Office, Headquarter and Bureau related to infrastructure affair of the Seoul Metropolitan;
4. Head of investment institution under the Seoul Metropolitan related to infrastructure affair of the Seoul Metropolitan;
5. Persons falling under subparagraph 3 through 5 of Article 7 (2).
(4) The General Policy Committee of Infrastructure shall deliberate and resolve any of the following:
1. Matters concerning the decisive conciliation and resolution in establishing the comprehensive management plan;
2. Matters concerning the difficulties and interim evaluation in enforcing the comprehensive management plan;
3. Matters concerning the change of the existing comprehensive management plan (in such cases, shall be advanced to verify the validity from the Performance Improvement Committee);
4. Other matters being judged as necessary by the chairperson such as the improvement of performance, the policy making for increasing useful life, etc. with regard to the infrastructure other than dilapidated infrastructure.
(5) Where it is judged that the purpose for establishing the committee has been reached, the chairperson of the General Policy Committee of Infrastructure shall disperse the meeting as per the resolution by the Committee.
[This Article Wholly Inserted by Ordinance No. 6669, Sep. 21, 2017]

Article 9 (Reporting to Council) Where the Mayor formulates or updates a comprehensive operation plan, he/she shall report it to the relevant standing committee of the Council.

Article 10 (Allowances and Travel Expenses) Allowances and travel expenses may be paid to the members who have participated in the meetings of the Performance Improvement Committee and the General Policy Committee of Infrastructure within the budget according to the Seoul Metropolitan Ordinance on the Payment of Allowances and Travel Expense. <Amended by Ordinance No. 6669, Sep. 21, 2017>

Article 11 (Enforcement Rule) Matters necessary for the enforcement of this Ordinance shall be provided for by rule of the Seoul Metropolitan Government.