Town of Treherne and Rural Municipality of South Norfolk Amalgamation Regulation

Town of Treherne and Rural Municipality of South Norfolk Amalgamation Regulation, M.R. 23/2014 The Municipal Amalgamations Act , C.C.S.M. c. M235 Regulation 23/2014 Registered February 3, 2014 bilingual version (HTML) Table of Contents Section 1 Definitions 2 New municipality established 3 Boundaries 4 Status of new municipality 5 Composition of first council 6 Voters list 7 Appointment of senior election official 8 Election expenses and contributions by-law 9 Application 10 Term of office for members of first council 11 Extension of term of office of old councils 12 Dissolution of old councils 13 Limitation on powers of old councils 14 First meeting date and location 15 CAO appointed 16 By-laws and resolutions continued 17 Employees continued 18 Differential mill rates authorized 19 Coming into force DEFINITIONS Definitions 1 The following definitions apply in this regulation. "first council" means the council of the new municipality that consists of the members elected at the October 22, 2014 general election. (« premier conseil ») "former rural municipality" means the Rural Municipality of South Norfolk. (« ancienne municipalité rurale ») "former town" means the Town of Treherne. (« ancienne ville ») "municipal office" means the office located at 215 Broadway Street, Treherne, Manitoba. (« bureau municipal ») "new municipality" means the Municipality of Norfolk Treherne that is established under section 2. (« nouvelle municipalité ») "old councils" means the council of the Town of Treherne and the council of the Rural Municipality of South Norfolk. ESTABLISHMENT OF NEW MUNICIPALITY New municipality established 2 On January 1, 2015, the Town of Treherne and the Rural Municipality of South Norfolk are amalgamated to establish the Municipality of Norfolk Treherne. Boundaries 3 The new municipality consists of the following area: Townships 7, 8 and 9 - 8 and 9 WPM; Sections 1, 2, 11 to 14, 23 to 26, E ½ 27, E ½ 34, all 35 and 36 in Township 7 - 10 WPM; and Sections 1 to 4, 9 to 16, 21 to 28 and 33 to 36 in Townships 8 and 9 - 10 WPM (Exc the Village of Notre Dame de Lourdes). Status of new municipality 4 The new municipality has the status of a rural municipality. COUNCIL Composition of first council 5(1) The first council is to be composed of a head of council and six councillors. Election of members of council 5(2) The members of the first council are to be elected at the October 22, 2014 general election. Election of councillors on basis of wards 5(3) The councillors of the new municipality are to be elected on the basis of two councillors elected from each of the following wards: Ward 1 Sections 3 to 10, 15 to 22 and 27 to 34 in Townships 7, 8 and 9 - 9 WPM; Sections 1, 2, 11 to 14, 23 to 26, E ½ 27, E ½ 34, all 35 and 36 in Township 7 - 10 WPM; and Sections 1 to 4, 9 to 16, 21 to 28 and 33 to 36 in Townships 8 and 9 - 10 WPM (Exc Ward 3). Ward 2 Townships 7, 8 and 9 - 8 WPM; Sections 1 and 2, 11 to 14, 23 to 26, and 35 and 36 in Townships 7, 8 and 9 - 10 WPM (Exc the Village of Notre Dame de Lourdes). Ward 3 All that portion of Section 1 which lies West of the centre line of the Boyne River, and all those portions of SE ¼ of Section 12 described as follows: Ely 251 feet of Wly 1153 feet of Sly 200 feet, Ely 104 feet of Wly 856.5 feet of Sly 209 feet and Ely 209 feet of Wly 753 feet of Sly 209 feet, all in Township 8 - 10 WPM. 2014 and 2018 general elections 5(4) The number of councillors and the wards prescribed in this section are effective for (a) the 2014 general election; and (b) the 2018 general election, unless the first council provides otherwise by by-law. After the 2018 general election 5(5) Except if provided otherwise by a by-law of the municipality, for a general election after 2018, (a) the council of the new municipality is to be composed of a head of council and six councillors; and (b) every member of the council is to be elected by a vote of the voters of the whole new municipality. Voters list 6 The voters list for the election of the first council is the voters list for the former town and the former rural municipality. Appointment of senior election official 7 The person who holds office as the senior election official of the former town is appointed as the senior election official for the election of the first council. Election expenses and contributions by-law 8 The by-law of the former rural municipality passed under section 93.2 (by-law on expenses and contributions) of The Municipal Act applies in respect of the election of the first council. Application 9 Subject to sections 6 to 8, The Municipal Councils and School Boards Elections Act applies to the election of members of the first council. Term of office for members of first council 10 The term of office of the members of the first council commences on January 1, 2015 and ends at 12 noon on the day following the next general election. Extension of term of office of old councils 11 The term of office of the members of the old councils who hold office on October 21, 2014 is extended until December 31, 2014, without the members being re-elected at the general election held on October 22, 2014. Dissolution of old councils 12 The old councils are dissolved on December 31, 2014. Limitation on powers of old councils 13 During the period commencing at 12 noon on October 23, 2014 and ending on December 31, 2014, the old councils may not (a) spend money except as authorized in their respective 2014 financial plans, unless the expenditure is approved in writing in advance by the minister or minister's delegate; or (b) enter into a contract or agreement that binds the former town, the former rural municipality or the old councils after January 1, 2015, or that is binding on the successor new municipality or its council. First meeting date and location 14(1) The first meeting of the first council is to be held on January 8, 2015 at 7:30 p.m. at the municipal office. Alternative time for first meeting if required 14(2) If the first meeting does not occur as specified in subsection (1) then the chief administrative officer of the new municipality must call the first meeting before January 31, 2015, and in doing so may fix the date, time and place of the meeting. CAO appointed 15 The person who, on December 31, 2014, holds office as chief administrative officer of the former town is continued as chief administrative officer of the new municipality. By-laws and resolutions continued 16 The by-laws and resolutions of the former town and the former rural municipality are continued as by-laws and resolutions of the new municipality, and in case of a conflict between them, the most recently passed by-law or resolution applies. Employees continued 17 A person who, on December 31, 2014, is employed by the former town or the former rural municipality is, as of January 1, 2015, continued as an employee of the new municipality. Differential mill rates authorized 18 The first council is hereby authorized to set and impose different rates of tax in the areas of the former town and former rural municipality under section 304 of The Municipal Act for the years 2015 to 2018. For certainty, the difference in the services provided by the new municipality in the areas of the former town and the former rural municipality must generally be reflected in the different rates of taxes imposed in those areas. COMING INTO FORCE Coming into force 19 This regulation comes into force on the day it is registered under The Regulations Act .