Town of Birtle, Rural Municipality of Birtle and Rural Municipality of Miniota Amalgamation Regulation

Town of Birtle, Rural Municipality of Birtle and Rural Municipality of Miniota Amalgamation Regulation, M.R. 143/2014 The Municipal Amalgamations Act , C.C.S.M. c. M235 Regulation 143/2014 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 Employees continued 16 Differential mill rates authorized 17 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 municipalities" means the Rural Municipality of Birtle and the Rural Municipality of Miniota. (« anciennes municipalités rurales ») "former town" means the Town of Birtle. (« ancienne ville ») "municipal office" means the office located at 678 Main Street, Birtle, Manitoba. (« bureau municipal ») "new municipality" means Prairie View Municipality that is established under section 2. (« nouvelle municipalité ») "old councils" means the council of the Town of Birtle, and the council of the Rural Municipality of Birtle and the council of the Rural Municipality of Miniota. (« anciens conseils ») ESTABLISHMENT OF NEW MUNICIPALITY New municipality established 2 On January 1, 2015, the Town of Birtle, the Rural Municipality of Birtle and the Rural Municipality of Miniota are amalgamated to establish Prairie View Municipality. Boundaries 3 The new municipality consists of the following area: Townships 13 to 18 - 25, 26 and 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 of the new municipality is to be composed of a head of council and seven councillors. Election of members of council 5(2) Each member of the first council of the new municipality is to be elected at the October 22, 2014 general election. Section of councillors on basis of wards 5(3) The councillors of the new municipality are to be elected on the following basis: (a) three councillors elected from the following ward: Ward 1 Townships 13, 14 and 15 - 25, 26 and 27 WPM. (b) two councillors elected from each of the following wards: Ward 2 Townships 16, 17 and 18 - 25, 26 and 27 WPM (Exc Ward 3). Ward 3 Sections 5 and 6, S ½ 7 and S ½ 8 in Township 17 - 26 WPM; North halves of Sections 31 and 32 in Township 16 - 26 WPM; NE ¼ of Section 36 and the East halves of Legal Subdivisions 11 and 14 of Section 36 in Township 16 - 27 WPM; and E ½ of Section 1 and the East halves of Legal Subdivisions 3, 6, 11 and 14 of Section 1, SE ¼ of Section 12 and the East halves of Legal Subdivisions 3 and 6 of Section 12 in Township 17 - 27 WPM. After 2014 general election 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 town and the former rural municipalities. Appointment of senior election official 7 The person who holds office as the senior election official of the Rural Municipality of Miniota 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 Rural Municipality of Birtle 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 municipalities 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 6, 2015 at 7:30 p.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 16, 2015, and in doing so may fix the date, time and place of the meeting. Employees continued 15 A person who, on December 31, 2014, is employed by the former town or one of the former rural municipalities is, as of January 1, 2015, continued as an employee of the new municipality. Differential mill rates authorized 16 The council of the new municipality is hereby authorized to set and impose different rates of tax in the areas of the former town and the former rural municipalities under section 304 of The Municipal Act for the years 2015 to 2020. For certainty, the difference in the services provided by the new municipality in the areas of the former town and the former rural municipalities must generally be reflected in the different rates of taxes imposed in those areas. COMING INTO FORCE Coming into force 17 This regulation comes into force on the day it is registered under The Regulations Act .