City of Aurelia Act: Part I & II (General power)

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City of Aurelia Act: Part I & II (General power)

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City of Aurelia Act
Preamble
The Assembly recognizes that the City of Aurelia, as Toro’s capital city, is an economic engine of Toro. The Assembly recognizes that the City plays an important role in creating and supporting economic prosperity and a high quality of life for the people of Toro.

The Assembly recognizes that the success of the City requires the active participation of governments working together in a partnership based on respect, consultation and co-operation.

The Assembly recognizes the importance of providing the City with a legislative framework within which the City can build a strong, vibrant and sustainable city that is capable of thriving in the global economy. The Assembly recognizes that the City is a government that is capable of exercising its powers in a responsible and accountable fashion.

The Assembly recognizes that it is in the interests of the Province that the City be given these powers.

Part I
INTERPRETATION
Governing principles
1. (1) The City of Aurelia exists for the purpose of providing good government with respect to matters within its jurisdiction, and the city council is a democratically elected government which is responsible and accountable.

Relationship with the Province
(2) The Province of Toro endorses the principle that it is in the best interests of the Province and the City to work together in a relationships based on mutual respect, consultation and co-operation.

Consultation
(3) For the purposes of maintaining such a relationship, it is in the best interests of the Province and the City to engage in ongoing consultations with each other about matters of mutual interest and to do so in accordance with an agreement between the Province and the City.

Purposes of this Act
2. The purpose of this Act is to create a framework of powers for the City which balances the interests of the Province and the City and which recognizes that the City must be able to do the following things in order to provide good government:
1. Determine what is in the public interest for the City.
2. Respond to the needs of the City.
3. Determine the appropriate structure for governing the City.
4. Ensure that the City is accountable to the public and that the process for making decisions is transparent.
5. Determine the appropriate mechanisms for delivering municipal services in the City.
6. Determine the appropriate levels of municipal spending for the City.
7. Use fiscal tools to support the activities of the City.

Definitions
3.(1) In this Act,
"highway" means a common and public highway and includes any bridge or other structure forming part of the highway and, except as otherwise provided;
"land" includes buildings;
"licence", in relation to a licence issued under this Act, includes a permit, an approval, a registration and any other type of permission, and "licensing" has a corresponding meaning;
"local board" means a city board, police services board, board of health, or any other board, commission, committee, body or local authority established or exercising any power under any Act with respect to the affairs or purposes of one or more municipalities, excluding a school board and a conservation authority;
"person" includes a municipality unless the context otherwise requires;
"pixelmon" means any member of the pixelmon kingdom, other than a human;
"power", in relation to the authority of the City or other body, includes capacity, rights, powers, and privileges;
"prescribed" means prescribed by regulations made under this Act;
"record" means information however recorded or stored, whether in printed form, on film, by electronic means or otherwise, and includes documents, statements, minutes, accounts, correspondence, memoranda, plans, maps, drawings, photographs;
"regular election" means the regular election referred to in subsection 4 (1) of the Municipal Elections Act, ____;
"spouse" means a person to whom another person is married;

Municipality
(2) In this Act, a reference to a municipality is a reference to its geographical area or to the municipal corporation, as the context requires.

Application to other Acts
(3) This section applies to all other Acts or provisions of Acts affecting or relation to matters of the City and its local boards unless the context otherwise requires.

Amount added to tax roll
(4) If, under this or any other Act, an amount payable to the City is given priority lien status, the City may add the amount to the tax roll for the City against the property in respect of which the amount was imposed or against any other property in respect of which the amount was authorized to be added by this or any other Act.

Amounts imposed by the local board
(5) The city treasurer shall, upon the request of the local board whose area of jurisdiction includes any part of the City, add to the tax roll for the City under subsection (4) any amounts imposed by the local board.

Priority lien status
(6) If an amount is added to the tax roll in respect of a property under subsection (4) or (5), that amount,
(a) may be recovered with costs as a debt due to the City from the assessed owner of the property at the time the fee or charge was added to the tax roll and from any subsequent owner of the property or any part of it;

PART II
GENERAL POWERS OF THE CITY
Scope of powers
4. (1) The powers of the City under this or any other Act shall be interpreted broadly so as to confer broad authority on the City to enable the City to govern its affairs as it considers appropriate and to enhance the City's ability to respond to municipal issues.

Powers of a natural person
5. The City has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act.

Broad authority
6. (1) The City may provide any service or thing that the City considers necessary or desirable for the public.

City by-laws
(2)The City may pass by-laws respecting the following matters:
1. Governance structure of the City and its local boards
2. Financial management of the City and its local boards
3. Public assets of the City acquired for the purpose of exercising its authority under this or any other Act
4. Economic, social and environmental well-being of the City.
5. Health, safety and well-being of persons.
6. Services and things that the City is authorized to provide under subsection (1)
7. Protection of persons and property, including consumer protection.
8. Pixelmons.
9. Structures, including fences and signs.

Scope of by-law making power
(3) Without limiting the generality of section 6, a by-law under this section respecting a matter may,
(a) regulate or prohibit respecting the matter;
(b) require persons to do things respecting the matter;
(c) provide for a system of licenses respecting the matter.

One power not affecting another
(4) The power to pass a by-law respecting a matter set out in a paragraph of subsection (2) is not limited or restricted by the power to pass a by-law respecting a matter set out in another paragraph of subsection (2).

Services of things provided by others
(5) The power to pass a by-law respecting the matter set out in paragraph 7 of subsection (2) does not include the power to pass a by-law respecting services or things provided by a person other than the City or city board.

Exception
(5.1) Nothing in subsection (5) prevents the City passing a by-law with respect to services or things provided by any person to the extent necessary,
(a) to ensure that the physical operation of a system of the City or of the city board is not impaired; or
(b) to ensure that the City, a city board or a system of the City or city board meets any provincial standards or regulations that apply to it.

Expropriation
7. The power of the City to acquire land under this or any other Act includes the power to expropriate unoccupied land.

Scope of by-laws generally
8. Without limiting the generality of section 6 and except as otherwise provided, a by-law under this Act may be general or specific in its application and may differentiate in any way and on any basis the City considers appropriate.

Conflict with legislation, etc.
9. A city by-law is without effect to the extent of any conflict with a provincial Act or a regulation made under such an Act.
GENERAL RESTRICTIONS
Specific power, by laws under general powers
10. (1) If the City has the power to pass a by-law under section 5 or 6 and also under a specific provision of this or any other Act, the power conferred by section 7 or 8 is subject to any procedural requirements, including conditions, approvals and appeals, that apply to the power an any limits on the power contained in the specific provision.

Interpretation
(1.1) For the purpose of subsection (1) and, unless the context otherwise requires, the fact that a specific provision is silent on whether or not the City has a particular power shall not be interpreted as a limit on the power contained in the specific provision.

Restrictions, corporate and financial matters
11. Sections 5 and 6 do not authorize the City to do any of the following:
1. Impose any type of tax, including taxes under any Part of this Act.
2. Make a grant or loan.
AGREEMENTS
Agreement for joint undertaking
12. (1) The City may enter into an agreement with one or more municipalities or local bodies, or a combination of both, to jointly provide, for their joint benefit, any matter which all of them have the power to provide within their own boundaries.
DELEGATION OF POWERS AND DUTIES
General power to delegate
13. (1) Without limiting sections 5 and 6, those sections authorize the City to delegate its powers and duties under this or any other Act to a person or body subject to the restrictions set out in this Part.

Scope of power
(2) The following rules apply to a by-law delegating any of the City's powers or duties:
1. A delegation may be revoked at any time without notice unless the delegation by-law specifically limits the City's power to revoke the delegation.
2. A delegation shall not limit the right to revoke the delegation beyond the term of the delegation.
3. A delegation may provide that only the delegate can exercise the delegated power or that both the City and the delegate can exercise the power.
4. A delegation or deemed delegation under paragraph 6 or a duty results in the duty being a joint duty of the City and the delegate.
5. A delegation may be made subject to such conditions and limits as the City council considers appropriate.
6. Where a power is delegated, the power is deemed to be delegated subject to any limits on the power and to any procedural requirements, including conditions, approvals and appeals which apply to the power and any duties related to the power are deemed to be delegated with the power.

Same
(3) The conditions and limits referred to in paragraph 5 of subsection (2) may include such matters as the following:
1. A requirement that the delegate act by by-law, resolution or otherwise.
2. Procedures that the delegate is required to follow.
3. The accountability of the delegate and the transparency of the delegate's actions and decisions.

Powers that cannot be delegated
14.Sections 5 and 6 do not authorize the City to delegate the power to appoint or remove from office an officer of the City.
REGULATIONS
Regulations re the provincial interest
15. (1) If the Province Premiere considers that it is necessary or desirable in the provincial interest to do so, the Premiere may make regulations imposing limits and conditions on the power of the City under sections 7 and 8 or providing that the City cannot exercise the power in prescribed circumstances.

Effect on by-laws
(2) If a regulation made under subsection (1) imposes limits or conditions on a power of the City or provides that the City cannot exercise a power in prescribed circumstances, any by-law made by the City under the applicable power is in operative to the extent of the limits, conditions or prohibition.

Use of power
(3) A regulation under subsection (1) may provide for any matter that in the opinion of the Premiere is necessary or desirable in order to ensure that the exercise by the City of the power before the later of the day the regulation is filed and the day the regulation comes into force has the same effect as if the City had always had the power, including extinguishing any right, obligation or interest acquired or accrued.

Conflicts
(4) If there is a conflict between a regulation made under this or any other Act, the regulation made under this section prevails.
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