Village of Elkhorn, Rural Municipality of Wallace and Rural Municipality of Woodworth Amalgamation Regulation

Village of Elkhorn, Rural Municipality of Wallace and Rural Municipality of Woodworth Amalgamation Regulation, M.R. 136/2014 The Municipal Amalgamations Act , C.C.S.M. c. M235 Regulation 136/2014 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 Differential mill rates authorized 19 LUD of Elkhorn 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 municipalities" means the Rural Municipality of Wallace and the Rural Municipality of Woodworth. (« anciennes municipalités rurales ») "former village" means the Village of Elkhorn. (« ancien village ») "municipal office" means the office located at 154023 - PR 257, Virden, Manitoba. (« bureau municipal ») "new municipality" means the Rural Municipality of Wallace – Woodworth that is established under section 2. (« nouvelle municipalité ») "old councils" means the councils of the former rural municipalities and the council of the former village. (« anciens conseils ») ESTABLISHMENT OF NEW MUNICIPALITY New municipality established 2 On January 1, 2015, the Village of Elkhorn, the Rural Municipality of Wallace and the Rural Municipality of Woodworth are amalgamated to establish the Rural Municipality of Wallace – Woodworth. Boundaries 3 The new municipality consists of the following area: Townships 10, 11 and 12 - 23 to 29 WPM (Exc the Town of Virden). 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) 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 Townships 10, 11 and 12 - 23, 24 and 25 WPM. (b) three councillors elected from the following ward: Ward 2 Townships 10, 11 and 12 - 26 to 29 WPM (Exc the Town of Virden and Exc Ward 3). (c) one councillor elected from the following ward: Ward 3 NE ¼ of Section 33 and NW ¼ of Section 34 in Township 11 - 28 WPM; and SW ¼ of Section 3 and SE ¼ of Section 4 in Township 12 - 28 WPM. 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 six 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 village 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 Woodworth 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 village 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 village, 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 The head of council of the new municipality must call the first meeting on or before January 16, 2015, and in doing so may fix the date, time and place of the meeting. Appointment of CAO 15 At its first meeting, the first council must appoint a person as the chief administrative officer of the new municipality or, pending such an appointment, designate a person as acting chief administrative officer. By-laws and resolutions continued 16 The by-laws and resolutions of the former village and the former rural municipalities 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 rural municipalities or the former village is, as of January 1, 2015, continued as an employee of the new municipality. Differential mill rates authorized 18 The council of the new municipality is hereby authorized to set and impose different rates of tax in each of the areas of the former village 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 village and the former rural municipalities must generally be reflected in the different rates of taxes imposed in those areas. LOCAL URBAN DISTRICT LUD of Elkhorn 19(1) The local urban district of Elkhorn is formed effective January 1, 2015. Area 19(2) The area of the local urban district is: NE ¼ of Section 33 and NW ¼ of Section 34 in Township 11 - 28 WPM; and SW ¼ of Section 3 and SE ¼ of Section 4 in Township 12 - 28 WPM. Composition 19(3) The committee of the local urban district is to be composed of a councillor and two committee members. Election of committee members 19(4) Two 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. COMING INTO FORCE Coming into force 20 This regulation comes into force on the day it is registered under The Regulations Act .