City of Aurelia Act: Part IV (The city and its governance)

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Peach
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City of Aurelia Act: Part IV (The city and its governance)

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PART IV
THE CITY AND ITS GOVERNANCE
INTERPRETATION
City
28. (1) The City of Aurelia is hereby continued as a body corporate that is composed of the inhabitants of its geographic area.

Role of city council
29. It is the role of city council,
(a) to represent the public and to consider the well-being and interests of the City;
(b) to develop and evaluate the policies and programs of the City;
(c) to determine which services the City provides;
(d) to ensure that administrative policies, practices and procedures and controllership policies, practices and procedures are in place to implement the decisions of council;
(e) the ensure the accountability and transparency of the operations of the City, including the activities of the senior management of the City;
(f) to maintain the financial integrity of the City; and
(g) to carry out the duties of council under this or any other Act.

Powers of city council
30. (1) The powers of the City shall be exercised by city council.

Same
(2) Anything begun by one council may be continued and completed by a succeeding council.

By-law
(3) A power of the City, including the City's capacity, rights, powers and privileges under section 6, shall be exercised by by-law unless the City is specifically authorized to do otherwise.

Scope
(4) Subsection (1) to (3) apply to all of the City's powers, whether conferred by this Act or otherwise.

Role of the mayor as head of council
31. (1) It is the role of the mayor of the City, as the head of council,
(a) to act as chief executive officer of the City;
(b) to preside over meetings of council so that its business can be carried out efficiently and effectively;
(c) to provide leadership to council;
(d) to represent the City at official functions; and
(e) to carry out the duties of the head of council under this or any other Act.

Same
(2) Without limiting clause (1) (c), the mayor's role includes providing information and making recommendations to council with respect to council's role under clauses 30 (d) or (e).

Substitution
(3) The City may, with the consent of the head of council, appoint a member of council to act in the place of the head of council on any body, of which the head of council is a member of virtue of being head of council.

Role of the mayor as chief executive officer
32. As chief executive officer of the City, the mayor shall,
(a) uphold and promote the purpose of the City;
(b) promote public involvement in the City's activities;
(c) act as the representative of the City both within and outside the City, and promote the City locally, nationally and internationally; and
(d) participate in and foster activities that enhance the economic, social and environmental well-being of the City and its residents.

Changes to city council
33. (1) Without limiting sections 5 and 6, those sections authorize the City to change the composition of city council.

Conflict
(2) In the event of a conflict between a by-law described in subsection (1) and any provision of this Act, other than this section, a conflict with a provision of any other Act or a conflict with a regulation made under any other Act, the by-law prevails.

Requirements
(3) The following rules apply to the composition of city council:
1. There shall be a minimum of three members, including one head of council.
2. The members of council shall be appointed by the head of council.
3. The head of council shall be elected by general vote.

Coming into force
(4) A by-law changing the composition of city council does not come into force until the day the new council is organized.

Term unaffected
(6) Nothing in this section authorizes a change in the term of office of a member of council.

OFFICERS AND EMPLOYEES OF THE CITY


Role of officers and employees
34. It is the role of the officers and employees of the City,
(a) to implement the decisions of city council and to establish administrative practices and procedures to carry out those decisions;
(b) to undertake research and provide advice to city council on the policies and programs of the City; and
(c) to carry out other duties required under this or any Act and other duties assigned by the City.

City clerk
35. (1) The City shall appoint a clerk whose duty it is,
(a) to record, without note or comment, all resolutions, decisions and other proceedings of city council;
(b) if required by any member present at a vote, to record the name and vote of every member voting on any matter or question;
(c) to keep the originals or copies of all by-laws and of all minutes of the proceedings of city council;
(d) to perform the other duties required under this Act or under any other Act; and
(e) to perform such other duties as are assigned by the City.

Delegations
(2) The City may delegate to any person all or any of the powers and duties of the City clerk under this or any other Act with respect to the collection of taxes imposed under any Part of this Act.

Same
(3) The clerk may continue to exercise the delegated powers and duties, despite the delegation.

City treasurer
36. (1) The City shall appoint a treasurer who is responsible for handling all the financial affairs of the City on behalf of the City and in the manner directed by city council, including,
(a) collecting money payable to the City and issuing receipts for those payments;
(b) depositing all money received on behalf of the City in a financial institution designated by the City;
(c) paying all debts of the City and other expenditures authorized by the City;
(d) maintaining accurate records and accounts of the financial affairs of the City;
(e) providing the council with such information with respect to the financial affairs of the City as it requires or requests;

Delegation
(2) The City may delegate to any person all or any of the powers and duties of the treasurer under this or any other Act with respect to the collection of taxes imposed under any Part of this Act.

Same
(3) The City treasurer may continue to exercise the delegated powers and duties, despite the delegation.
CITY BOARDS
Power to establish city boards
37. (1) Without limiting sections 5 and 6, those sections authorize the City to establish a city board and to provide for the following matters:
1. The name, composition, quorum and budgetary process of the board.
2. The eligibility of persons to hold office as board members.
3. The term of office and remuneration of board members.
4. The requirement that the board follow rules, procedures and policies established by the City.
5. The relationship between the City and the board, including their financial and reporting relationship.

Restriction
(2) A city board must be composed of at least two members.

Same, term of office.
(3) The term of office of a member of a city board cannot exceed six years but members may be eligible for appointment for more than one term.

Status of city boards
38. (1) A city board is a body corporate unless the City provides otherwise when establishing the board.

Agency
(2) A city board is an agent of the City.

Local board
(3) A city board is a local board of the City for all purposes.

Functions of city boards
39. The City may give a city board the control and management of such municipal services and activities as the City considers appropriate and shall do so by delegating the powers and duties of the City to the board in accordance with this Act.

Power to dissolve or change local boards
40. Without limiting sections 5 and 6, those sections authorize the city to dissolve or change a local board.
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