Village of Benito and Rural Municipality of Swan River Amalgamation Regulation

Village of Benito and Rural Municipality of Swan River Amalgamation Regulation, M.R. 134/2014 The Municipal Amalgamations Act , C.C.S.M. c. M235 Regulation 134/2014 Registered May 2, 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 Benito — transitional LUD 19 Transitional nature of LUD 20 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 Swan River. (« ancienne municipalité rurale ») "former village" means the Village of Benito. (« ancien village ») "municipal office" means the office located at 216 Main Street West, Swan River, Manitoba. (« bureau municipal ») "new municipality" means the Municipality of Swan Valley West that is established under section 2. (« nouvelle municipalité ») "old councils" means the council of the former village and the council of the former rural municipality. (« anciens conseils ») ESTABLISHMENT OF NEW MUNICIPALITY New municipality established 2 On January 1, 2015, the Village of Benito and the Rural Municipality of Swan River are amalgamated to establish the Municipality of Swan Valley West. Boundaries 3 The new municipality consists of the following area: Townships 32 and 33 - 28 and 29 WPM; Townships 34 to 38 - 27, 28 and 29 WPM Exc the Ely row of Sections in Townships 35 to 38 - 27 WPM (Exc the Town of Swan River and Exc the E ½ and E ½ of W ½ of Section 2 in Township 38 - 27 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) Each member of the first council is to be elected at the October 22, 2014 general election 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 village and the former rural municipality. 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 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 village, 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 13, 2015 at 9:30 a.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 head of council 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 village 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 village or the former rural municipality is, as of January 1, 2015, continued as an employee of the new municipality. TRANSITIONAL LOCAL URBAN DISTRICT Benito — transitional LUD 18(1) The local urban district of Benito is formed effective January 1, 2015. Area 18(2) The area of the local urban district is: SW ¼ of Section 17 in Township 34 - 29 WPM; and in NW ¼ of said Section 17, all Parcel 1 Plan 1734 DLTO, Parcels 1 and 2 Plan 1625 DLTO, and Lots 1, 2, 3 and all that portion of Public Lane which lies between said Lots 1 and 2 Plan 1604 DLTO. Composition 18(3) The committee of the local urban district is to be composed of a councillor and three committee members. Election of committee members 18(4) Three members of the committee of the local urban district are to be elected by voters of the local urban district at the October 22, 2014 general election. Transitional nature of LUD 19(1) Subject to subsection (2), the local urban district of Benito is dissolved on October 22, 2018. Process for continuing LUD 19(2) The local urban district may be continued after October 22, 2018 if the first council (a) resolves to continue the LUD; and (b) submits its resolution to the minister on or before March 31, 2018. Effect of resolution 19(3) On receipt, the resolution under subsection (2) is deemed to be a request made to the minister under section 59 of The Municipal Act . COMING INTO FORCE Coming into force 20 This regulation comes into force on the day it is registered under The Regulations Act .