Town of Plum Coulee, Rural Municipality of Rhineland and Town of Gretna Amalgamation Regulation

Town of Plum Coulee, Rural Municipality of Rhineland and Town of Gretna Amalgamation Regulation, M.R. 135/2014 The Municipal Amalgamations Act , C.C.S.M. c. M235 Regulation 135/2014 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 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 18 LUD of Gretna 19 LUD of Plum Coulee 20 Transitional nature of LUDs 21 Transitional - business taxes 22 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 Rhineland. (« ancienne municipalité rurale ») "former towns" means the Town of Plum Coulee and the Town of Gretna. (« anciennes villes ») "municipal office" means the office located at 72 – 2nd Street N. E., Altona, Manitoba. (« bureau municipal ») "new municipality" means the Municipality of Rhineland that is established under section 2. (« nouvelle municipalité ») "old councils" means the council of the former rural municipality and the councils of the former towns. (« anciens conseils ») ESTABLISHMENT OF NEW MUNICIPALITY New municipality established 2 On January 1, 2015, the Town of Plum Coulee, the Rural Municipality of Rhineland and the Town of Gretna are amalgamated to establish the Municipality of Rhineland. Boundaries 3 The new municipality consists of the following area: Township 1 - 1 EPM, and Townships 1 to 3 - 1 to 3 WPM (Exc the Town of Altona). 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 seven 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 the following ward: Ward 1 Township 1 - 1 EPM and Township 1 - 1 WPM. (b) one councillor elected from each of the following wards: Ward 2 Township 1 - 2 and 3 WPM. Ward 3 Townships 2 and 3 - 3 WPM (Exc Ward 6). Ward 4 Townships 2 and 3 - 2 WPM. Ward 5 Townships 2 and 3 - 1 WPM (Exc the Town of Altona). Ward 6 N ½ of Section 2 and S ½ 11 in Township 3 - 3 WPM. 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 seven councillors; and (b) each member of 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 towns. 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 either of the former towns, 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 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 for 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 towns 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 by-law or resolution of the former rural municipality applies. Employees continued 17 A person who, on December 31, 2014, is employed by the former rural municipality or the former towns is, as of January 1, 2015, continued as an employee of the new municipality. TRANSITIONAL LOCAL URBAN DISTRICTS Gretna — transitional LUD 18(1) The local urban district of Gretna is formed effective January 1, 2015. Area 18(2) The area of the local urban district is: Section 5 in Township 1 - 1 WPM. 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. Plum Coulee — transitional LUD 19(1) The local urban district of Plum Coulee is formed effective January 1, 2015. Area 19(2) The area of the local urban district is: N ½ of Section 2 and S ½ 11 in Township 3 - 3 WPM. Composition 19(3) The committee of the local urban district is to be composed of a councillor and three committee members. Election of committee members 19(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 LUDs 20(1) Subject to subsection (2), the local urban district of Gretna and the local urban district of Plum Coulee are dissolved on October 22, 2022. Process for continuing LUDs 20(2) A local urban district formed under sections 18 or 19 may be continued after October 22, 2022 if the council (a) resolves to continue the LUD; and (b) submits its resolution to the minister on or before March 31, 2022. Effect of resolution 20(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 . Transitional - business taxes 21(1) In its business tax by-law under subsection 306(1) of The Municipal Act for 2015 and 2016, the council of the new municipality may require that no entry be made on the business tax roll of the new municipality respecting the businesses located in the area of the former towns, and that no business tax be imposed in respect of those businesses. Application 21(2) A requirement imposed by by-law of the new municipality under subsection (1) applies despite any provision of The Municipal Act or The Municipal Assessment Act . COMING INTO FORCE Coming into force 22 This regulation comes into force on the day it is registered under The Regulations Act .