Rural Municipality of Oakland and Village of Wawanesa Amalgamation Regulation

Rural Municipality of Oakland and Village of Wawanesa Amalgamation Regulation, M.R. 34/2014 The Municipal Amalgamations Act , C.C.S.M. c. M235 Regulation 34/2014 Registered February 18, 2014 bilingual version (HTML) Table of Contents Section 1 Definitions 2 New municipality established 3 Boundaries 4 Status of new municipality 5 Composition of 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 Appointment of CAO 16 By-laws and resolutions continued 17 Employees continued 17.1 Differential mill rates authorized 18 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 Oakland. (« ancienne municipalité rurale ») "former village" means the Village of Wawanesa. (« ancien village ») "municipal office" means the office located at 106 – 4th Street, Wawanesa, Manitoba. (« bureau municipal ») "new municipality" means the Municipality of Oakland – Wawanesa that is established under section 2. (« nouvelle municipalité ») "old councils" means the council of the former rural municipality and the council of the former village. (« anciens conseils ») ESTABLISHMENT OF NEW MUNICIPALITY New municipality established 2 On January 1, 2015, the Rural Municipality of Oakland and the Village of Wawanesa are amalgamated to establish the Municipality of Oakland - Wawanesa. Boundaries 3 The new municipality consists of the following area: Townships 7 and 8 - 17, 18 and 19 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 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 All those portions of N ½ of Section 23, S ½ and NW ¼ 26 and E ½ 27 all in Township 7 - 17 WPM bounded as follows: Commencing at the NW corner of said Section 23; thence Sly along the Western limit of said Section 23 to the centre line of the Souris River; thence Sely along said centre line of the Souris River to the Southern limit of NW ¼ of said Section 23; thence Wly along said Southern limit to the Eastern limit of said NW ¼ of Section 23; thence Nly along said Eastern limit to the centre line of the Souris River; thence Ely parallel with the Northern limit of said Section 23 to the Eastern limit of said Section 23; thence Nly along last described Eastern limit to the NE corner of said Section 23; thence Nly in a straight line to the SE corner of said Section 26; thence Nly along the Eastern limit of said Section 26 to the centre line of the Souris River; thence Wly, Sly and Sely along said centre line of the Souris River to the Western limit of SW ¼ of said Section 26; thence Sly along last described Western limit to the SW corner of said SW ¼ of Section 26; thence Sly in a straight line to the point of commencement. Ward 2 Township 8 - 17, 18 and 19 WPM. Ward 3 Township 7 - 17, 18 and 19 WPM, excepting all lands described in Ward 1. 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 new 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) each 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 and the former village. Appointment of senior election official 7 The person who holds office as the senior election official of the former village 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 rural municipality, the former village 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 12, 2015 at 1:00 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 rural municipality 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 and former village 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 or the former village is, as of January 1, 2015, continued as an employee of the new municipality. DIFFERENTIAL MILL RATES Differential mill rates authorized 17.1 The council of the new municipality is hereby authorized to set and impose different rates of tax in the areas of the former rural municipality and the former village under section 304 of The Municipal Act for the years 2015 to 2022. For certainty, the difference in the services provided by the new municipality in the areas of the former rural municipality and the former village must generally be reflected in the different rates of taxes imposed in those areas. M.R. 33/2015 COMING INTO FORCE Coming into force 18 This regulation comes into force on the day it is registered under The Regulations Act .