THE CORPORATION OF THE VILLAGE OF MONTROSE

BYLAW # 546

A BYLAW TO AUTHORIZE A REFERENDUM FOR THE PURPOSE OF SELECTING CANDIDATES FOR APPOINTMENT TO THE BOARD OF DIRECTORS OF THE REGIONAL DISTRICT OF KOOTENAY BOUNDARY.

WHEREAS, pursuant to section 245 of the Municipal Act (RSC 323), authorizes Council to hold a referendum to obtain the electors’ opinion on a question that affects the municipality and with which the Council has power to deal;

AND WHEREAS Council wishes to ensure that the member of Council it appoints to be the Director for Montrose on the Board of the Regional District of Kootenay Boundary has the confidence of the citizens of Montrose;

AND WHEREAS Council wishes to ensure that the member of Council it appoints to be the Director for Montrose on the Board of the Regional District of Kootenay Boundary fairly and accurately represents the policies and resolutions of the Council at the Regional District Board of Directors, its Commissions, and its Committees;

BE IT THEREFORE RESOLVED that the Council of the Village of Montrose, in open meeting assembled, hereby enact as follows:

SHORT TITLE

1.       (1)      This Bylaw may be cited for all purposes as the Regional Director Referendum Bylaw.”

NOMINATION PROCESS

2.       (1)      On or before the last Friday in the month of November of every year following a municipal election, Council shall cause to be published the names of all members of Council that have filed a nomination for appointment to the Board of Directors of the Regional District of Kootenay Boundary in a form prescribed by Council policy.

REFERENDUM

3.       (1)      On the second Saturday of December in every year following a municipal election, there shall be a Regional Director Nomination Referendum (the “Referendum”) held in the Village of Montrose for the purpose of ranking the members of Council nominated for appointment to the Board of Directors of the Regional District of Kootenay Boundary.

(2)            For the purpose of the Referendum, the Returning Officer shall use the current voters list of the Village of Montrose.

(3)            The Clerk shall report the voting results of the Referendum to Council at the next regular or special meeting following the Referendum.

(4)            The voting procedures for the Referendum shall be those applied to referenda pursuant to the Municipal Act.

ENACTMENT

4.       (1)      If any section, subsection, sentence, clause, or phrase of this Bylaw is for any reason held to be invalid by the decision of any court of competent jurisdiction, the invalid portion shall be severed and the part that is invalid shall not affect the validity of the remainder.

          (2)      This Bylaw shall come into full force and effect on the final adoption thereof.

READ A FIRST TIME                                                            this 15th day of June, 1999

READ A SECOND TIME                                                                    this  day of , 1999

READ A THIRD TIME                                                                        this  day of , 1999

READ A FOURTH TIME AND FINALLY ADOPTED                               this day of, 1999

           _________________________                                  _________________________

                                         Mayor                                                                                            Village Clerk

I hereby certify the foregoing to be a t rue and correct copy of The Regional director Referendum Bylaw.

           ____________________________

                             Village Clerk