Rural Municipality of Russell, Village of Binscarth and Town of Russell Amalgamation Regulation

Rural Municipality of Russell, Village of Binscarth and Town of Russell Amalgamation Regulation, M.R. 26/2014 The Municipal Amalgamations Act , C.C.S.M. c. M235 Regulation 26/2014 bilingual version (HTML) Registered February 3, 2014 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 Russell. (« ancienne municipalité rurale ») "former town" means the Town of Russell. (« ancienne ville ») "former village" means the Village of Binscarth. (« ancien village ») "municipal office" means the office located at 178 Main Street North, Russell, Manitoba. (« bureau municipal ») "new municipality" means the Municipality of Russell – Binscarth that is established under section 2. (« nouvelle municipalité ») "old councils" means the council of the former rural municipality, the council of the former village and the council of the former town. (« anciens conseils ») ESTABLISHMENT OF NEW MUNICIPALITY New municipality established 2 On January 1, 2015, the Rural Municipality of Russell, the Village of Binscarth and the Town of Russell are amalgamated to establish the Municipality of Russell – Binscarth. Boundaries 3 The new municipality consists of the following area: Townships 19, 20 and 21 - 28 and 29 WPM. 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 eight 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 following basis: (a) two councillors elected from each of the following wards: Ward 1 Townships 19, 20 and 21 - 28 and 29 WPM; excepting all lands described in Wards 2 and 3. Ward 2 Legal Subdivisions 1, 2, 3, 6, 7 and 8 of Section 15, North halves of Legal Subdivisions 15 and 16 and N ½ of E ½ of Legal Subdivision 14 of Section 10, all in Township 19 - 28 WPM. (b) four councillors elected from the following ward: Ward 3 All those portions of Sections 2, 3, 10 and 11 in Township 21 - 28 WPM bounded as follows: Commencing at a point in the Northern limit of said Section 2 distant Ely thereon 900 feet from the Western limit of said Section 2; thence Sly parallel with the Western limit of said Section 2 to the Northern limit of Parcel A Plan 20481 NLTO in the SW ¼ of said Section 2; thence Ely along said Northern limit of Parcel A to the Eastern limit of said Parcel A; thence Sly along said Eastern limit and its straight production to the Northern limit of Section 35 in Township 20 - 28 WPM; thence Wly along said Northern limit of Section 35 and its straight production to the NE corner of Section 34 in Township 20 - 28 WPM; thence Wly along the Northern limit of said Section 34 to a point in same distant Ely thereon 900 feet from the straight production Sly of the Western limit of said Section 3; thence Nly parallel with the Western limits of said Sections 3 and 10 to a point in same distant Nly thereon 900 feet from the Southern limit of said Section 10; thence Ely parallel with the Southern limits of said Sections 10 and 11 to a point in same distant Ely thereon 900 feet from the Western limit of said Section 11; thence Sly in a straight line to the point of commencement. After 2014 general elections 5(4) The number of councillors and the wards prescribed in this section are effective for the 2014 general election. For the following general election and after that, unless otherwise provided by by-law of the new municipality, (a) the council of the new municipality is to be composed of a head of council and eight councillors; and (b) every member of a 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 rural municipality, the former village and the former town. Appointment of senior election official 7 The person who holds office as the senior election official of the former rural municipality 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 town 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 rural municipality, the former village or the former town 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 The chief administrative officer of the new municipality must call the first meeting of the first council 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 rural municipality, the former village and the former town 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 rural municipality, the former village or the former town 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 rural municipality, the former village and the former town 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 rural municipality, the former village and the former town 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 .