The Rural Municipality of Brokenhead and The Village of Garson Amalgamation Regulation

The Rural Municipality of Brokenhead and The Village of Garson Amalgamation Regulation, M.R. 128/2002 The Municipal Act , C.C.S.M. c. M225 Regulation 128/2002 Registered August 2, 2002 bilingual version (HTML) Definitions 1 In this regulation, "new LUD" means the Local Urban District of Tyndall-Garson; (« nouveau D.U.L. ») "new LUD committee" means the committee of the Local Urban District of Tyndall-Garson; (« nouveau comité du D.U.L. ») "new municipality" means The Rural Municipality of Brokenhead established under section 2; (« nouvelle municipalité ») "old councils" means the councils of the old municipalities; (« anciens conseils ») "old LUD committee" means the committee of the Local Urban District of Tyndall; (« ancien comité du D.U.L. ») "old municipalities" means The Rural Municipality of Brokenhead and The Village of Garson. (« anciennes municipalités ») New municipality established 2(1) On January 1, 2003, The Rural Municipality of Brokenhead and The Village of Garson are amalgamated to form The Rural Municipality of Brokenhead. 2(2) The boundaries of the new municipality are: Townships 12, 13, 14 and S ½ of Township 15 - 7 and 8 EPM; Sections 1, 2, 3, NE ¼ 4, E ½ 9, all 10 to 15, 22 to 27, 34, 35 and 36 in Township 13 - 6 EPM; and Sections 1, 2, 11 to 14, 23 to 26, 35 and 36 in Township 14 - 6 EPM; Exc out of said E ½ of Section 9 in Township 13 - 6 EPM, the N ½ of W ½ of Legal Subdivision 15 (Exc the Town of Beausejour). Composition of council 3 The council of the new municipality is to be composed of a head of council and four councillors elected at large in the municipality. Local Urban District of Tyndall-Garson 4(1) Effective January 1, 2003, the name of the existing Local Urban District of Tyndall is changed to The Local Urban District of Tyndall-Garson and its boundaries are: In the RM of Brokenhead, in Township 13 - 6 EPM, the NW ¼ and N ½ of NE ¼ Section 2, N ½ of N ½ Section 3, NE ¼ Section 4, all those portions of SE ¼ Section 9, S ½ Section 10 and SW ¼ Section 11 lying South of the Road Survey Line of Provincial Trunk Highway 44 as same is shown on Road Plan 25340 WLTO, all that portion of said SE ¼ Section 9 which lies between the Southern limit of Lot 4 SP Plan 18908 WLTO and said Road Survey Line and which lies East of the Western limit of Lots 5 to 8 said Plan 18908 and the straight productions Nly and Sly thereof, all E ½ said Section 11, all that portion of Ely 150 feet Perp of NW ¼ of said Section 11 which lies North of the Northern limit of Plan 26830 WLTO and which lies South of a straight line drawn Wly at right angles to the Eastern limit of said NW ¼ Section 11 from a point in same distant Nly thereon 150 feet from point of intersection of said Eastern limit with the Southern limit of Legal Subdivision 14 of said Section 11, all that portion of Wly 300 feet Perp of NW ¼ Section 12 which lies between the Southern limit of Lot 5 SP Plan 18978 WLTO and the Northern limit of Lot 7 said Plan 18978, all that portion of the Wly 327 feet Perp of said NW ¼ Section 12 taken for Rly Plan 31 WLTO (L Div), all that portion of the Ely 660 feet of SE ¼ Section 14 which lies South of the Northern limit Lot 4 SP Plan 18949 WLTO, all Plans 26846 and 28966 WLTO, Lot 4 said Plan 18908, Parcel B said Plan 26830, Lots 1 to 5 and Lot 7 said Plan 18978, Lots 1 to 15 SP Plan 18857 WLTO, Wly 250 feet of Parcel A Plan 35615 WLTO, Lots 1 to 8 Plan 22788 WLTO, and Parcel A Plan 38465 WLTO. 4(2) The committee of the new LUD is to be composed of a councillor of the new municipality and three committee members. Terms of office extended 5 The terms of office of the members of the old councils and the old LUD committee are extended to 12 noon on January 1, 2003, without those members being re-elected at the general election on October 23, 2002. Dissolution of old councils and committee 6 The old councils and the old LUD committee are dissolved at 12 noon on January 1, 2003. Limitation on old councils and committee 7 During the period commencing at 12 noon on October 24, 2002 and ending at 12 noon on January 1, 2003, the old councils and old LUD committee may not spend money except as authorized in their respective 2002 financial plans, unless the expenditure is approved in writing in advance by the minister or minister's delegate. Terms of office 8 The terms of office of the members of the first council of the new municipality and the first committee of the new LUD commence at 12 noon on January 1, 2003 and end at 12 noon on the day following the next general election. First meetings — date and location 9 The first meeting of the first council of the new municipality and of the first committee of the new LUD must take place on or before January 14, 2003 at the place of the last meeting respectively of the old council of the Rural Municipality of Brokenhead and of the former LUD committee. Appointment of CAO 10 Effective January 1, 2003, Wayne Omichinski is appointed as chief administrative officer of the new municipality. Employees continued 11 Effective January 1, 2003, the employees of the old municipalities are continued as employees of the new municipality. By-laws and resolutions continued 12 The by-laws and resolutions of the old municipalities are continued as by-laws and resolutions of the new municipality, and in the case of a conflict between them, the most recent by-law or resolution applies. First election of new municipality and new LUD 13 This section applies to the first election in the new municipality and new LUD. Appointment of first election officials 14 The election officials for the new municipality and their respective offices are: (a) Wayne Omichinski, Returning Officer; (b) Debbie Hlady, Enumerator; (c) Lorraine Baker, Revising Officer. Place for nominations 15(1) For the October 23, 2002 election the nomination of candidates to be elected to the council of the new municipality and to new LUD committee must be filed with the returning officer at the municipal office of the Rural Municipality of Brokenhead. 15(2) Subject to subsection (1), The Local Authorities Elections Act applies to the new municipality and new LUD. Eligibility for office by member of old council and old LUD committee 16 A member of an old council and of the old LUD committee is eligible for nomination for, and election to, the first council of the new municipality and of the first new LUD committee, respectively.