Town of Emerson and Rural Municipality of Franklin Amalgamation Regulation

Town of Emerson and Rural Municipality of Franklin Amalgamation Regulation, M.R. 138/2014 The Municipal Amalgamations Act , C.C.S.M. c. M235 Regulation 138/2014 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 CAO appointed 16 By-laws and resolutions continued 17 Employees continued 18 LUD of Emerson 19 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 Franklin. (« ancienne municipalité rurale ») "former town" means the Town of Emerson. (« ancienne ville ») "municipal office" means the office located at 115 Waddell Ave. East, Dominion City, Manitoba. (« bureau municipal ») "new municipality" means the Municipality of Emerson – Franklin established under section 2. (« nouvelle municipalité ») "old councils" means the council of the Town of Emerson and the council of the Rural Municipality of Franklin. (« anciens conseils ») ESTABLISHMENT OF NEW MUNICIPALITY New municipality established 2 On January 1, 2015, the Town of Emerson and the Rural Municipality of Franklin are amalgamated to establish the Municipality of Emerson – Franklin. Boundaries 3 The new municipality consists of the following area: (1) All or Frac Townships 1, 2 and 3 - 3, 4 and 5 EPM; all that portion of the Parish of Ste. Agathe from Lot 26 to 112 of said Parish which lies East of the Red River; and all that portion of Range 2 EPM which lies South of the Northern limit of Township 3 and which lies East of the Red River. (2) All those portions of Sections 10, 14 and 15 in Township 1 - 2 EPM, Section 6 in Township 1 - 3 EPM and Parish of Ste. Agathe bounded as follows: Commencing at the point of intersection of the International Boundary line between the Province of Manitoba and the United States of America with the straight production Sly of the Eastern limit of said Section 6; thence Nly along said production Sly and Eastern limit of said Section 6 to the NE corner of said Section 6; thence Nly in a straight line to the SE corner of Lot 18 of said Parish; thence Nly along the Eastern limit of Lots 18, 20, 22 and 24 of said Parish to the NE corner of said Lot 24; thence Wly along the Northern limit of said Lot 24 and its straight production Wly to the centre of the Red River; thence Nly along said centre of the Red River to its point of intersection with the straight production Ely of the most Ely course of the Northern limit of Lot 33 of said Parish; thence Wly along said production Ely and Northern limit of said Lot 33 to the NW corner of said Lot 33; thence Nly along the Western limit of Lots 35, 37 and 39 of said Parish to the NW corner of said Lot 39; thence Wly in a straight line to the NE corner of the SW ¼ of said Section 14; thence Wly along the Northern limit of said SW ¼ of Section 14 to the NW corner of said SW ¼ of Section 14; thence Wly in a straight line to the NE corner of the SE ¼ of said Section 15; thence Wly along the Northern limit of the S ½ of said Section 15 to the NW corner of the SW ¼ of said Section 15; thence Sly along the Western limit of said SW ¼ of Section 15 to the SW corner of said Section 15; thence Sly in a straight line to the NW corner of said Section 10; thence Sly along the Western limit of said Section 10 to the SW corner of said Section 10; thence Sly in a straight line to the NW corner of Lot 15 of said Parish; thence Sly along the Western limits of Lots 15, 13, 11, 9, 7, 5, 3, and 1 of said Parish to the SW corner of said Lot 1; thence directly South to a point in the said International Boundary line; thence Ely along said International Boundary line to the point of commencement. 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 of the new municipality 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) one councillor elected from each of the following wards: Ward 1 Frac Township 3 - 2 EPM; Sections 22 to 27 and 34 to 36 Township 2 - 3 EPM; Township 3 - 3 EPM; Sections 19, 20 and 29 to 36 Township 2 - 4 EPM; Township 3 - 4 EPM; Section 31 Township 2 - 5 EPM; Sections 6, 7, 18, 19, 30 and 31 Township 3 - 5 EPM. Ward 2 Sections 32 to 36 Township 2 - 5 EPM; Sections 1 to 5, 8 to 17, 20 to 29 and 32 to 36 Township 3 - 5 EPM. Ward 3 Sections 1 to 5, 8 to 17, 20 to 29 and 32 to 36 Township 1 - 5 EPM; Sections 1 to 5, 8 to 17 and 20 to 29 Township 2 - 5 EPM. Ward 4 All that portion of the Parish of Ste. Agathe from Lot 26 to 112 of said Parish which lies East of the Red River; Frac Township 1 - 3 EPM; Sections 1 to 6 and 10 to 15 Township 2 - 3 EPM; Township 1 - 4 EPM; Sections 1 to 18 and 21 to 28 Township 2 - 4 EPM; Sections 6, 7, 18, 19, 30 and 31 Township 1 - 5 EPM; Sections 6, 7, 18, 19 and 30 Township 2 - 5 EPM; Exc Ward 6. Ward 5 Frac Township 2 - 2 EPM; Sections 7 to 9, 16 to 21 and 28 to 33 Township 2 - 3 EPM. (b) two councillors elected from the following ward: Ward 6 All those portions of Sections 10, 14 and 15 in Township 1 - 2 EPM, Section 6 in Township 1 - 3 EPM and Parish of Ste. Agathe bounded as follows: Commencing at the point of intersection of the International Boundary line between the Province of Manitoba and the United States of America with the straight production Sly of the Eastern limit of said Section 6; thence Nly along said production Sly and Eastern limit of said Section 6 to the NE corner of said Section 6; thence Nly in a straight line to the SE corner of Lot 18 of said Parish; thence Nly along the Eastern limit of Lots 18, 20, 22 and 24 of said Parish to the NE corner of said Lot 24; thence Wly along the Northern limit of said Lot 24 and its straight production Wly to the centre of the Red River; thence Nly along said centre of the Red River to its point of intersection with the straight production Ely of the most Ely course of the Northern limit of Lot 33 of said Parish; thence Wly along said production Ely and Northern limit of said Lot 33 to the NW corner of said Lot 33; thence Nly along the Western limit of Lots 35, 37 and 39 of said Parish to the NW corner of said Lot 39; thence Wly in a straight line to the NE corner of the SW ¼ of said Section 14; thence Wly along the Northern limit of said SW ¼ of Section 14 to the NW corner of said SW ¼ of Section 14; thence Wly in a straight line to the NE corner of the SE ¼ of said Section 15; thence Wly along the Northern limit of the S ½ of said Section 15 to the NW corner of the SW ¼ of said Section 15; thence Sly along the Western limit of said SW ¼ of Section 15 to the SW corner of said Section 15; thence Sly in a straight line to the NW corner of said Section 10; thence Sly along the Western limit of said Section 10 to the SW corner of said Section 10; thence Sly in a straight line to the NW corner of Lot 15 of said Parish; thence Sly along the Western limits of Lots 15, 13, 11, 9, 7, 5, 3, and 1 of said Parish to the SW corner of said Lot 1; thence directly South to a point in the said International Boundary line; thence Ely along said International Boundary line to the point of commencement. 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 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 town 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 town, 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 9:00 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 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 town 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 town or the former rural municipality is, as of January 1, 2015, continued as an employee of the new municipality. LOCAL URBAN DISTRICT LUD of Emerson 18(1) The local urban district of Emerson is formed effective January 1, 2015. Area 18(2) The area of the local urban district is: All those portions of Sections 10, 14 and 15 in Township 1 - 2 EPM, Section 6 in Township 1 - 3 EPM and Parish of Ste. Agathe bounded as follows: Commencing at the point of intersection of the International Boundary line between the Province of Manitoba and the United States of America with the straight production Sly of the Eastern limit of said Section 6; thence Nly along said production Sly and Eastern limit of said Section 6 to the NE corner of said Section 6; thence Nly in a straight line to the SE corner of Lot 18 of said Parish; thence Nly along the Eastern limit of Lots 18, 20, 22 and 24 of said Parish to the NE corner of said Lot 24; thence Wly along the Northern limit of said Lot 24 and its straight production Wly to the centre of the Red River; thence Nly along said centre of the Red River to its point of intersection with the straight production Ely of the most Ely course of the Northern limit of Lot 33 of said Parish; thence Wly along said production Ely and Northern limit of said Lot 33 to the NW corner of said Lot 33; thence Nly along the Western limit of Lots 35, 37 and 39 of said Parish to the NW corner of said Lot 39; thence Wly in a straight line to the NE corner of the SW ¼ of said Section 14; thence Wly along the Northern limit of said SW ¼ of Section 14 to the NW corner of said SW ¼ of Section 14; thence Wly in a straight line to the NE corner of the SE ¼ of said Section 15; thence Wly along the Northern limit of the S ½ of said Section 15 to the NW corner of the SW ¼ of said Section 15; thence Sly along the Western limit of said SW ¼ of Section 15 to the SW corner of said Section 15; thence Sly in a straight line to the NW corner of said Section 10; thence Sly along the Western limit of said Section 10 to the SW corner of said Section 10; thence Sly in a straight line to the NW corner of Lot 15 of said Parish; thence Sly along the Western limits of Lots 15, 13, 11, 9, 7, 5, 3, and 1 of said Parish to the SW corner of said Lot 1; thence directly South to a point in the said International Boundary line; thence Ely along said International Boundary line to the point of commencement. 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. COMING INTO FORCE Coming into force 19 This regulation comes into force on the day it is registered under The Regulations Act .