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An Act to provide for the Delegation of Duties and
Powers to a Municipal Official.
[Assented to 19th December, 1925.]
IS MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of British Columbia, enacts as follows:
1. This Act may be cited as the “Municipal Manager Act.”
2. “Municipality” means every municipal corporation incor. Interpretation. porated as a city, city municipality, district municipality, or town. ship municipality by any general or special Act of the Legislature, and “municipal ” shall have a corresponding meaning.
3. The Council of any municipality shall have power, by by-law Power of Council passed by an affirmative vote of three-fourths of all its members statutory powers. and subject to the restriction contained in section 6, to delegate to such official as they may appoint any of the powers given to the Municipal Council by any Statute.
4. Any by-law of the Municipal Council for the purposes men- Submission of
by-law to electors. tioned in section 3 for which an affirmative vote of a majority of all the members of the Council is given may be submitted at any time for the assent of the electors, and if approved by a majority of the electors who shall vote on the question shall be passed and shall come into effect.
5. Upon receipt by the Council of a petition signed by five per Initiative petition. cent. of the persons qualified to vote for the election of members of the Council, praying that a by-law be submitted for the assent of the electors authorizing the delegation to an official as set out in section 3 of such duties and powers, subject to the provisions of section 6, as may be specified in the petition, it shall be the duty
of the Council to submit a by-law in accordance with the prayer of the petition, and in the event of its being approved by a majority of the electors who shall vote on the question, to finally pass the by-law and to appoint the official as therein provided.
6. No official appointed pursuant to this Act shall have power to pass by-laws or resolutions mentioned in any Statute applying to the municipality.
Limitations on power of municipal manager.
Alteration or repeal of by-laws delegating powers.
7. (1.) Any by-law passed pursuant to the provisions of section 3 may be altered or repealed by a subsequent by-law of the Council passed by an affirmative vote of three-fourths of all its members.
(2.) Any by-law passed pursuant to the provisions of section 4 or section 5 may be altered or repealed by a subsequent by-law passed with the assent of a majority of the electors who shall vote on the question.
8. Any official appointed pursuant to this Act shall continue in office until he resigns or is dismissed or relieved of the duties and powers given to him under this Act by a resolution passed by an affirmative vote of a majority of all the members of the Council: Provided, however, that if the by-law under which he was appointed is still in force, another person shall forthwith be appointed by the Council in his place.
Term of office of municipal manager.
VICTORIA, B.O. :
[Assented to 19th December, 1925.] IS MAJESTY, by and with the advice and consent of the
Legislative Assembly of the Province of British Columbia, enacts as follows:
1. This Act may be cited as the “Municipal Act Amendment Short title. Act, 1925."
2. Section 2 of the “Municipal Act,” being chapter 179 of the Amends s. 2. “Revised Statutes of British Columbia, 1924," is amended by adding the following:
The word 'owner' in respect of any land within a munici
pality means, except as hereinafter provided, the person
owner'shall mean the person last registered as the holder
owner shall mean the holder or occupier as therein
3. Said chapter 179 is amended by inserting the following an Enacts s. 53A. section 53A :
“ 534. Every petition presented to a Municipal Council under this or any other Act shall set forth the name of each petitioner with his post-office address, the street or road on which he lives, and a description of the property which is owned by him in the munici
Amends s. 54 (33).
pality; and in the case of a corporation the authority given by the corporation to sign the petition shall also be produced in connection therewith."
4. Paragraph (a) of clause (33) of section 54 of said chapter 179 is amended by adding after the word "water," in the sixteenth line thereof, the words " and for purchasing, constructing, and maintain ing without the limits of the municipality all such works, including dams, reservoirs, ditches, canals, pipe-lines, and rights-of-way, as may be deemed necessary for the providing of water and the conveying of the same to the municipality for irrigation purposes; and by striking out the words “the next preceding ” in the eighteenth line thereof, and substituting therefor the word “ this."
Enacts s. 54 (38a).
5. Said section 54 is amended by inserting the following as clause (38a) :"(38a.) For entering into agreements with hospitals as to
treatment and the maintenance of patients, residents of the municipality within the meaning of the 'Hospital Act,' and for nominating the hospital or hospitals at which such persons shall receive treatment and maintenance.”
Enacts s. 54 (61c), (61d).
6. Section 54 of said chapter 179 is amended by inserting the following as clauses (61c) and (61d) :“(61c.) For regulating the seating arrangements and seating
capacity of theatres, music-halls, lecture-halls, skating. rinks, concert halls, churches, and other such buildings, and other places of amusement, and for prohibiting persons from standing, loitering, or sitting in the aisles,
, passages, and stairways of such buildings: “(610.) For requiring contractors, owners, or other persons to
obtain permits from the Council, or from the proper officials authorized from time to time by resolution or by-law of the Council for such purpose or purposes, before commencing any erection, installation, addition, repair, or alteration involving an expenditure of one hundred dollars or more in connection with any of the following, namely: Building, plumbing, electrical wiring, sewers, drains, tents, signs, gasolene tanks or pumps, and all similar matters or things; for authorizing the inspection of any or all work for which a permit may be granted; for levying and collecting permit fees and inspection charges or fees for such work at the time of issuing such permit; and for issuing certificates of approval.”
Amends s. 54 (84).
7. Clause (84) of said section 54 is amended by striking out the words “real property or personal property, or upon both real and personal property" in the second and third lines thereof, and substituting therefor the words “rateable property."
8. Clause (110) of said section 54 is amended by adding thereto Amends s. 3+ (110). the following:
“ Provided, however, that in respect of any such land or real property, the owners of which, or any other persons possessing or having possessed any estate or interest in which, have constructed at their own expense any portion of the water system of the municipality, or upon which has been imposed as a special charge not applicable to all lands in the municipality any portion of the cost of the installation of the water system of the municipality, the rate or charge for the convenience or opportunity of user of water to be charged to the owners of such land or real property may be varied or lessened according to the extent or the cost of the construction as aforesaid, or according to the amount of such special charge, or may be waived altogether or not imposed or charged."
9. Clause (141) of said section 54 is amended by adding after the Amends s. J4 (141). word “ tents," in the first line thereof, the word "lumber-yards.”
10. Paragraph (6) of clause (175) of said section 54 is amended Amends s. 34 (175). by adding after the word “ proceedings,” in the fifth line thereof, the words or as a result of the non-payment of taxes.”
11. Clause (175) of said section 54 is amended by adding thereto Further amends
s. 54 (175). the following as paragraphs (c) and (d) :
"(c.) Notwithstanding anything contained in this clause, the Council may, by a by-law finally passed by an affirmative vote of three-fourths of all the members and without obtaining the assent of the electors, dispose of lands which have become the property of the municipality through tax-sale proceedings, and accept as full or part payment therefor other lands in the municipality, and all lands so accepted shall be deemed to be lands acquired by the municipality under tax-sale proceedings:
“(d.) Notwithstanding anything contained in this clause, the Council may, by by-law finally passed by a three-fourths vote of all the members thereof and without obtaining the assent of the electors, define an area comprising lands that have become the property of the municipality through tax-sale proceedings and set aside such area for park purposes, for recreation-grounds, or school-sites, or for other public purposes; and when such area has been so defined and set aside and a public park or recreationground established upon it, or the area occupied as a