The Village of Powerview Annexation of the Townsite of Pine Falls Regulation

The Village of Powerview Annexation of the Townsite of Pine Falls Regulation, M.R. 63/2005 The Municipal Act , C.C.S.M. c. M225 Regulation 63/2005 Registered April 20, 2005 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Powerview continued as Powerview – Pine Falls 3 Effect of continuation of former village 4 Specified surpluses and reserves of former village 5 Employees 6 Composition of interim council 7 Composition of council — 2006 general election 8 By-election of interim councillors for Ward 2 – Pine Falls 9 Fiscal year of village extended 10 Town's 2005 tax roll 11 Town's 2005 assessment roll not to include townsite 12 Conflict 13 Phase in: property tax adjustment in former village 14 Coming into force Definitions 1 The following definitions apply in this regulation. "Act" means The Municipal Act ; («  Loi  ») "former townsite" means the townsite of Pine Falls, legally described as follows: Lot 25 of Township 18 - 10 EPM; Frac NE ¼ Section 24 and all that portion of Frac Section 25 which lies South of the Winnipeg River in Township 18 - 9 EPM; and all that portion of Fort Alexander Indian Reserve No. 3 in Township 18 - 9 EPM as same is shown on Plan of Township 18 - 9 EPM approved and confirmed at Ottawa on November 9, 1921 lying South of the Winnipeg River, which lies East of the Western limit of Lot 5 Plan 33570 WLTO and the straight productions Nly and Sly thereof, and which lies North of the Southern limit of the Canadian National Railway and Station Grounds Rly Plan 3143 WLTO. (« ancien emplacement ») "former village" means the Village of Powerview as it was immediately before the coming into force of the Municipal Status and Boundaries Regulation, amendment (Powerview – Pine Falls) . (« ancien village ») "record of property values" means the record of property values within the former townsite that was used by Tembec Industries Inc. to determine the 2004 service fees payable within the former townsite. (« registre des valeurs des propriétés ») "taxes" means any taxes imposed under Part 10 of the Act. (« taxes ») "Town" means the Town of Powerview – Pine Falls. (« ville ») "Ward 1 – Powerview" means the ward of the Town that has the boundaries of the former village. (« quartier 1 — Powerview ») "Ward 2 – Pine Falls" means the ward of the Town that has the boundaries of the former townsite. (« quartier 2 — Pine Falls ») TOWN OF POWERVIEW – PINE FALLS Powerview continued as Powerview – Pine Falls 2(1) The Village of Powerview is continued as the Town of Powerview – Pine Falls, which is designated as an urban municipality. 2(2) The former townsite is annexed and forms part of the Town. 2(3) The boundaries of the Town are as set out in the Municipal Status and Boundaries Regulation , Manitoba Regulation 567/88 R, as amended by the Municipal Status and Boundaries Regulation, amendment (Powerview – Pine Falls) . Effect of continuation of former village 3 On the coming into force of this section, (a) every employee of the former village is continued as an employee of the Town; (b) all property, and interests in property, of the former village is vested in the Town and may be dealt with by the Town in its own name, subject to any trusts or other conditions applicable to the property; (c) all other assets, liabilities, rights, agreements, duties, functions and obligations of the former village are vested in the Town, and the Town may deal with them in its own name; (d) a by-law or resolution of the former village that the Town has the authority to make is continued as a by-law or resolution of the Town, with necessary changes; and (e) all rights of action and actions by or against the former village may be continued or maintained by or against the Town. Specified surpluses and reserves of former village 4 Without limiting any provision of The Municipal Act , the Town may expend money in the former village's utility replacement reserve or utility nominal surplus account only if the expenditure primarily benefits the area of the former village. Employees 5 On the coming into force of section 2, Gerald Pelletier and Wendy Ursel are deemed to be continued as employees of the Town. COUNCIL Composition of interim council 6(1) For the period beginning May 1, 2005 until the 2006 general election, the interim council of the Town is to be made up of a head of council and eight councillors, as set out in this section. 6(2) The person who holds office as the head of council of the former village is deemed to hold office as the head of the interim council of the Town. 6(3) Each of the four persons who hold office as a councillor of the former village is deemed to hold office on the interim council as a councillor from Ward 1 – Powerview. 6(4) Each of the four persons who are declared elected as a result of the by-election held under section 8 holds office on the interim council as a councillor from Ward 2 – Pine Falls. Composition of council — 2006 general election 7(1) Effective for all purposes related to the October 25, 2006 general election, the council of the town is to be composed of seven members, as follows: (a) a head of council, elected by all the electors of the Town; (b) three councillors elected by the electors of Ward 1 – Powerview; (c) three councillors elected by the electors of Ward 2 – Pine Falls. 7(2) Before January 1, 2007 and despite subsection 30(5) of the Act, neither the interim council or the council of the Town may pass a by-law amending the number of members, the ward boundaries or the number of councillors elected per ward, as established in subsection (1). By-election of interim councillors for Ward 2 – Pine Falls 8(1) A by-election must be held as soon as practicable after the coming into force of this section to elect four councillors from Ward 2 – Pine Falls to the interim council. 8(2) For certainty, the by-election may be held and the results officially declared before the date on which the Town is established, but a person elected as a member of the interim council in that by-election does not assume office before the Town is established. 8(3) For the purpose of the by-election, (a) Ward 2 – Pine Falls is deemed to be a ward of a municipality; (b) subject to this section, The Local Authorities Election Act applies with necessary changes; (c) Valerie Irving is appointed as the returning officer, Jacqueline Ducharme is appointed as the enumerator and Kelly Murray is appointed as the revising officer; (d) no house-to-house canvass is required to be conducted in preparing the list of electors; (e) the returning officer must establish the dates, times and places when the revising officer will sit to revise the list of electors; and (f) nominations must be filed with the returning officer at the office of the former village. 8(4) Subject to section 3, the Village of Powerview is responsible for the expenses incurred in conducting the by-election. 8(5) Subject to this section, Division 2 of Part 3 of The Municipal Act applies with necessary changes to the by-election and to a person elected as a member of the interim council. TRANSITION Fiscal year of village extended 9 The fiscal year of the Village of Powerview that would have ended on December 31, 2004 is extended to April 30, 2005. Town's 2005 tax roll 10(1) The content of the Town's tax roll for 2005 must comply with (a) subsections (2) and (3), for those properties listed on the record of property values; and (b) subsection 300(4) of the Act, for every other property within the Town. 10(2) The Town's 2005 tax roll must show the following for a property listed on the record of property values: (a) the roll number, which must be the roll number of the property as it is listed on the record of property values; (b) a description sufficient to identify the location of the property; (c) the name and mailing address of the taxpayer; (d) the total and the portioned value of the property, which must be the total and portioned amounts listed on the record of property values; (e) using the values under clause (d) and the applicable mill rate, the total of all taxes imposed in respect of the property. 10(3) For a property listed on the record of property values, the Town's 2005 tax roll must also list (a) a class code, which must be the "Class" code listed on the record of property values; (b) a tax status code, which must be the "Status" code listed on the record of property values; and (c) a portion (%) number, which must be the "Port" number listed on the record of property values, specified as a percentage. 10(4) The codes and numbers listed on the Town's 2005 tax roll under subsection (3) have the same meaning and effect as they do in the portion of the tax roll that relates to properties within the former village. Town's 2005 assessment roll not to include townsite 11(1) The assessor must not (a) amend, or authorize or direct any municipal administrator of the Town to amend, the Town's 2005 assessment roll to include any property listed on the record of property values; or (b) assess any property listed on the record of property values for the purposes of the Town's 2005 assessment roll. 11(2) The Town council must not, for 2005, authorize business assessments to be made in respect of any property listed on the record of property values. 11(3) For certainty, the record of property values is not an assessment roll and is not subject to amendment or revision. Conflict 12 If there is a conflict between a provision in section 10 or 11 and a provision of the Act or The Municipal Assessment Act , the provision of section 10 or 11 prevails. Phase in: property tax adjustment in former village 13(1) After setting the rate of tax for the Town required under subclause 304(1)⁠(a)⁠(i) of the Act, for properties within the former village, the Town council (a) must, in 2005, set an additional property tax rate of 4.23 mills and impose property taxes in accordance with that rate; and (b) may, in any of the years 2006 to 2011, set an additional property tax rate — with the number of additional mills being set by by-law — and impose property taxes in accordance with that rate. 13(2) All revenue raised by imposition of the additional property tax rate under subsection (1) must be (a) transferred to a reserve fund of the Town; and (b) used only for capital purposes. Coming into force 14(1) Subject to subsections (2) and (3), this regulation comes into force on May 1, 2005. 14(2) Section 8 comes into force on the day this regulation is registered under The Regulations Act . 14(3) Section 9 is deemed to have come into force on December 31, 2004.