Company statutes
4. Amendment to the Operating Bylaws of the City of Aachen for the quasi-municipal agency “Building Management of the City of Aachen” dated December 16, 2003, as amended by the first addendum dated February 8, 2005, amended by the second addendum dated September 7, 2005, and amended by the third addendum dated December 4, 2024
At its meeting on January 28, 2026, the Aachen City Council, pursuant to Sections 7, 41, 107, and § 114 of the
Municipal Code for the State of North Rhine-Westphalia (GO NRW) as published on July 14, 1994 (GV NRW p. 666), last amended by Article 2 of the Act of July 10, 2025 (GV NRW p. 444), in conjunction with the Municipal Enterprise Ordinance for the State of North Rhine-Westphalia (EigV0 NRW) in the version dated November 16, 2004 (GV NRW p. 644, 2005 p. 15), last amended by Article 6 of the Act of March 5, 2024 (GV NRW p. 136), the following 4. Amendment to the Operating Bylaws of the City of Aachen for the City of Aachen’s Building Management Organization, which operates as a municipal enterprise, dated December 16, 2003:
§ 1
Name, Legal Form, Legal Basis
(1) The institution bears the name “City of Aachen Building Management.”
(2) The City of Aachen’s Building Management is operated as a municipal agency without its own legal personality pursuant to Section 107(2) of the North Rhine-Westphalia Municipal Code (GO NW), in accordance with the provisions of the Municipal Code, by analogy with the provisions of the Municipal Enterprise Ordinance, and in accordance with these operating bylaws, as if it were a municipal enterprise.
§ 2 Scope
and Purpose of the Institution
(1) The subject matter and purpose of the City of Aachen’s building management, including any auxiliary and ancillary operations, is the centralized management of developed municipal properties such as administrative buildings, schools, daycare centers, fountains, monuments, and other buildings that serve the City of Aachen in the fulfillment of its duties, including associated green spaces.
(2) The purpose of the organization also includes the construction, planning, acquisition, and leasing of the real estate properties referred to in paragraph 1; the management of ancillary areas and ancillary uses; and the provision of infrastructure services (central procurement management, building and mail services, cleaning management, logistics) and all business activities that further the company’s purpose.
(3) Additional responsibilities may be assigned to the institution by a Council resolution.
(4) To fulfill its duties, the institution may engage third parties both within and outside the City of Aachen’s administration, in accordance with local laws, in particular those governing administrative organization, as well as other statutory provisions.
(5) The properties to be managed by the institution pursuant to paragraph — insofar as they are owned by the City of Aachen, do not constitute necessary operating assets of other institutions or enterprises, and are not landmarks of the City of Aachen (e.g., City Hall) — shall be held in the institution’s special fund.
(6) The institution shall ensure that the assets contributed by the City of Aachen are used primarily to fulfill the public purpose for which they were contributed. If the public purpose for which the assets were contributed ceases to exist permanently or can be otherwise ensured economically, the City Council shall decide on the alternative use or disposal of the assets or property.
§ 3
Share Capital
The organization's authorized capital is 1,000,000 euros (in words: one million euros).
§ 4 Management
(1) The management consists of a technical manager and a commercial manager. In addition, permanent deputies may be appointed to exercise the rights and duties of the manager they are representing in the event of absence. These appointments are made by the City Council upon the recommendation of the respective manager. The mayor, with the approval of the Operations Committee, shall establish the division of responsibilities and rules for representation within the management team by means of an administrative directive.
(2) The institution is managed by the management independently and on its own responsibility, unless otherwise provided by law, in particular by the Municipal Code, the Municipal Enterprise Ordinance, the Main Charter of the City of Aachen, these bylaws, or the administrative instructions for the management.
(3) The management is responsible for the day-to-day operation of the facility, including the disposal of movable assets. This includes all measures necessary for the ongoing maintenance of the facility, in particular the deployment of personnel, the ordering of necessary maintenance work, the procurement of raw materials, supplies, and operating materials as well as capital goods for current needs, and the conclusion of contracts for work and services.
(4) The management is jointly responsible for the proper and cost-effective operation of the facility.
(5) The management participates in the meetings of the Works Council on matters concerning the institution. It is entitled—and, at the request of the Works Council, obligated—to present its views on the items under discussion. The service regulations for management may contain further provisions regarding management’s participation in meetings of the City Council or other committees of the City of Aachen, as well as regarding their reporting obligations.
(6) If, based on its professional judgment, the management believes it cannot assume responsibility for implementing an instruction from the mayor, and if pointing out the management’s objections does not result in a change to the instruction, the management must immediately contact the Works Council. If no agreement is reached between the Works Committee and the mayor, the matter must be referred to the Main Committee for a decision.
§ 5 Works
Council
(1) Based on the Municipal Code of the State of North Rhine-Westphalia, the Ordinance on Municipally Owned Enterprises of the State of North Rhine-Westphalia, and the Main Charter of the City of Aachen, the City Council shall establish a special “Building Management Operations Committee” for the Building Management operation.
(2) The Works Council shall decide on all matters assigned to it by the GO NW, the EigVO NW, the Main Bylaws of the City of Aachen, the City of Aachen’s Rules of Jurisdiction, and these Bylaws. These include, in particular,
a) Advising on business planning and the annual financial statements
; b) Appointing the auditors for the annual financial
statements; c) Approval of lease obligations
—if the annual rent (base rent and utilities) exceeds €100,000 or
—if the term of the lease exceeds
10 years; d) Approval of planning and new construction, including building expansions, provided that the properties are part of the institution’s special fund and the costs exceed €250,000, unless these measures have already been approved in the budget without specific reservations. The decision-making powers of the City Council’s committees, as set forth in the Rules of Procedure, remain unaffected.
e) Approval of other transactions if the value in individual cases exceeds €250,000; excluding matters of day-to-day management and matters reserved for the City Council’s jurisdiction under the GO NRW, the EigVO NRW, or these bylaws.
f) Awarding construction contracts in accordance with the VOB, subject to § 31 of the Main Charter
—for direct awards with a contract value of 12,000,—
for limited competitive bidding, for contract amounts of 120,000,-- € or more
— for open competitive bidding, for contract amounts of 180,000,--- €For
intended awards exceeding these thresholds, management shall notify the political groups and
non-affiliated members of the Works Committee, specifying the bids received and the bidders to
whom the contract is to be awarded. If no objection is raised to this proposal within a period of 10
calendar days, the contract is awarded by management
in accordance with the proposal provided. If an objection is raised, the works committee shall award the contract.
g) Awards of contracts for goods and services in accordance with the VOL, subject to § 31 of the Main Bylaws
— for direct awards with a contract value of 6,000—
for direct awards with a contract value of 12,000,-- € or more
— for restricted tenders with a contract value of 12,000,-- € or more— for open tenders with a contract value of 30,000,-- €
or more; letter f), sentences 2 and 3, apply accordingly.
h) Awarding of services in accordance with the Contracting Regulations for Freelance Services (VOF);
letter f), sentences 2 and 3, apply mutatis
mutandis. i) Approval of the announcement of architectural competitions, including for buildings to be constructed by third parties.
j) Providing advice and recommendations to the City Council regarding the appointment of the operations manager and deputy operations manager
(3) The Operations Committee deliberates on matters to be decided by the City Council. It decides on matters subject to the City Council’s resolution if the matter cannot be delayed. In cases of extreme urgency, the mayor may make a decision together with the chair of the Executive Committee. This decision must be submitted to the City Council for approval at its next meeting.
(4) In matters requiring a decision by the Works Committee, the mayor, in consultation with the chair of the Works Committee, shall make the decision in cases of extreme urgency. The decision must be submitted to the Works Committee for approval at its next meeting.
(5) The Works Council consists of 5 members with voting rights.
§ 6
Powers and Responsibilities of the Council
The City Council decides on all matters relating to building management in the City of Aachen that are reserved for it under the GO NW, the EigVO NW, the City of Aachen’s Main Charter, and the City of Aachen’s Rules of Competence. These include, in particular:
a) the establishment, expansion, restriction, or dissolution of the institution
; b) the conversion of the
institution’s legal form; c) the appointment of the operating managers
; d) the adoption and amendment of the budget
; e) the adoption of the annual financial statements and the appropriation of the annual profit or the coverage of a loss
; f) the repayment of equity capital to the City
; g) the disposal of the institution’s assets, the sale and encumbrance of real property, the making of donations, and the granting of loans at the institution’s expense; h
) the assumption of guarantees, entering into warranty agreements, and providing other forms of security, insofar as these do not fall under the authority of the operating committee or constitute
routine administrative matters; i) conducting legal proceedings and entering into out-of-court settlements, insofar as these do not constitute routine administrative matters.
§ 7
Status of the Mayor
(1) The mayor is the supervisor of the institution’s staff. In the administrative instructions for the management, the mayor specifies the extent to which he delegates the decision-making powers granted to him under the GO NW and the City of Aachen’s main bylaws to the management.
(2) The mayor shall ensure that the activities of the management are consistent with the objectives of general administration and shall coordinate the interests of the institution with those of other departments of the city administration. To this end, he may issue instructions and request information from the management. The regulations necessary for cooperation between the institution and the mayor, the city treasurer, and the rest of the administration are set forth in the service instructions for the management.
(3) The mayor is responsible for submitting proposals to the Operations Committee and to the City Council.
§ 8
Status of the Deputy
(1) The interests of the institution are represented within the city administration by the Deputy Mayor in charge of the Planning Department. The Deputy Mayor represents the Mayor in all operational matters, unless such matters are reserved for the Mayor or the Mayor’s permanent representative.
(2) The responsible deputy must be informed in a timely manner of all important matters concerning the institution. Upon request, she must be provided with information on all matters.
(3) The responsible deputy mayor is the supervisor of the operations management within the meaning of § 1(2) of the Aachen City Administration’s Staff Regulations, limited to issuing instructions to ensure consistency in the administrative management of the City of Aachen’s building management and general administration.
(4) The responsible deputy mayor shall have the final say in the event of disagreements within the facility management team.
§ 9
Status of the City Treasurer
(1) Management must submit the draft budget, the
five-year financial plan, the annual financial statements, and the management report to the City Treasurer before forwarding them to the Operations Committee. If the City Treasurer does not agree with a draft to be submitted pursuant to sentence 1, he must communicate his objections or requests for amendments and additions within three weeks of receiving the draft from management. If the management cannot agree to these, the differing views of the city treasurer and the management must be submitted to the operating committee together with the drafts.
(2) The management must provide the city treasurer with quarterly updates on economic developments.
(3) Upon request, management must also provide the city treasurer with all other financial information.
§ 10 Representation
of the Institution
(1) The management represents the city jointly in all matters concerning the institution that are subject to its own decision or to a final decision by the operating committee; in all other matters concerning the institution, the city is represented by the mayor.
(2) The management shall sign
: a) in matters under paragraph 1, sentence 1, under the name “Building Management of the City of Aachen” without specifying a representation relationship
; b) in matters pursuant to paragraph 1, sentence 2, under the designation “The Mayor, Building Management of the City of Aachen,” specifying the representative relationship.
(3) Other employees of the City of Aachen’s Facilities Management Department are authorized to act on behalf of the city if they have been specifically authorized to do so. They must always sign “On behalf of.”
(4) In all other respects, the provisions of the Service Instructions for Operations Management shall apply in addition.
(5) The management shall announce the list of authorized representatives and agents, as well as the scope of their respective powers of representation, in accordance with applicable local law.
§ 11 Personnel Matters
(1) The hiring, appointment, promotion, and termination of the general manager and the deputy general manager are carried out by resolution of the City Council.
(2) The provisions of Section 24 of the City of Aachen’s Main Charter apply to the appointment, promotion, and dismissal of civil servants.
(3) Management makes all decisions regarding labor and collective bargaining matters, including hiring, in accordance with the provisions of the collective bargaining agreement.
(4) The supplementary provisions contained in the administrative instructions for management must be observed. The mayor shall regulate the delegation of decision-making and signing authorities in personnel and organizational matters, as well as the authorities pursuant to § 74(3) of the North Rhine-Westphalia Rules of Procedure (GO NW) and § 8(1) and (4) of the North Rhine-Westphalia State Employee Representation Act, through service instructions for the management.
§ 12 Fiscal
Year
The fiscal year for the City of Aachen's building management department is the calendar year.
§ 13 Accounting
The City of Aachen's Building Management Department maintains its accounts in accordance with the principles of double-entry bookkeeping. It also maintains a cost accounting system.
§ 14 Cash
Management
A special fund shall be established for the cash management of the City of Aachen’s building management department. The provisions of the Ordinance on Municipal Cash Management (Gemeindekassenverordnung)—as amended from time to time—shall apply accordingly.
§ 15 Budget
(1) Before the start of the fiscal year, management must prepare a business plan. This plan consists of the income statement, the balance sheet, and the staffing overview.
(2) The draft budget for the coming fiscal year must be submitted to the Works Council for review by November 30 of the current fiscal year and subsequently forwarded to the City Council for approval.
3) The business plan must be amended immediately if any of the conditions specified in § 14(2) of the EigVO NW arise. The following applies:
a) A significant deterioration in the annual result compared to the projected results within the meaning of § 14(2)(a) of the EigVO NW exists, in particular, if it becomes apparent during the course of the fiscal year that the projected annual result will not be achieved at the stated level despite the utilization of every possible cost-saving measure, and a loss of more than 15%, or at least €150,000, will result.
b) A significantly higher allocation to the equity plan within the meaning of Section 14(2)(
eb) of the EigVO NW exists if the planned allocation must be increased by more than 20%, at least
€200,000, higher loans become necessary, or additional commitment appropriations are required.
(4) Sections 14–17 of the EigVO NW apply to the preparation and implementation of the operating budget:
a) The estimates within the income statement must be mutually offsettable. Shortfalls in revenue or excess expenditures in the operating plan that jeopardize profitability exist within the meaning of § 15(3) of the EigVO NW if the total projected revenue and expenditures must be undershot or exceeded by more than 10%, or at least €100,000. In this case, the Works Committee and the City Treasurer must be notified immediately. Additional expenses that jeopardize profitability require the prior approval of the Works Committee.
b) Expenditures for various projects in the capital budget that are closely related in substance may be offset against one another. Additional expenditures for an individual project that exceed 10% of the budgeted amount in the capital budget—but at least €100,000—require the approval of the Works Committee in accordance with § 16(5), sentence 2, of the EigVO NW.
c) Expenditures for which no budget allocation exists in the capital budget require the
approval of the Works Committee if they exceed €50,000.
d) In the cases described in items 2 and 3, the City Treasurer must be notified before the Works
Committee’s approval is sought.
§ 16 Financial
Planning
(1) A five-year financial plan must be submitted along with the business plan, in accordance with § 18 of the EigVO NW.
(2) The first year of the planning period is the current fiscal year.
§ 17 Reserves
Appropriate reserves shall be set aside from the net income for the technical and financial development of the institution.
§ 18 Interim
Reports
The management must report in writing to the mayor, the city treasurer, and the management committee every six months on the development of revenues and expenses, as well as on the implementation of the capital budget.
§ 19
Annual Financial Statements
(1) The annual financial statements and the income statement must be prepared by the operations manager within six months after the end of the respective fiscal year, in accordance with the provisions of Book Three of the Commercial Code; they must be audited and subsequently submitted via the city treasurer / the City Treasurer and, via the Mayor, to the Operations Committee and the City Council.
(2) The financial statement is prepared and audited on a voluntary basis, unless otherwise provided by regulations or statutory provisions.
(3) The Council’s approval of the annual financial statements must be made public. The provisions of § 26(3) of the EigVO NRW must be observed.
§ 20 Examination
(1) The review of the management’s compliance with regulations is conducted in accordance with the relevant provisions of the GO NW.
(2) The annual financial statements are subject to mandatory audit. Management may commission an auditor, an auditing firm, or the municipal audit office to conduct the audit of the annual financial statements, subject to a prior resolution by the management committee. The audit report must be submitted to the management committee.
Article III
: Entry into Force
The 4th Amendment to the Operating Bylaws of the City of Aachen for the City of Aachen’s Building Management Agency, which operates as a municipal enterprise, dated December 16, 2003, shall enter into force on January 1, 2026, following its public announcement.
Aachen, January 28, 2026
(Dr. Ziemons)
Mayor