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BYLAW NO. 24-08
OF LEDUC COUNTY
IN THE PROVINCE OF ALBERTA
A BY-LAW OF LEDUC COUNTY IN THE PROVINCE OF ALBERTA TO ESTABLISH A
SUBDIVISION AUTHORITY AND RESCIND BYLAW NO. 61-07.
WHEREAS
Pursuant to Sections 145 and 146 of the Municipal Government Act, being Chapter M-26
Statutes of Alberta, 2000, as amended, provides that Council may pass a Bylaw for the
establishment and functions of Council Committees;
the Council is desirous of amending the Terms of Reference for the Subdivision Authority and
rescinding Bylaw No. 61-07.
NOW THEREFORE THE COUNCIL OF LEDUC COUNTY, DULY ASSEMBLED, HEREBY
ENACTS AS FOLLOWS:
The Council of the Leduc County, duly assembled, enacts as follows:
Definitions
1.
In this By-Law, the following words shall have the following meanings:
1.1
"Act" means the Municipal Government Act, Chapter M-26, 2000, as amended;
1.2
"COUNCIL" means the Council of Leduc County.
Establishment of a Subdivision Authority
2.
Pursuant to Section 623 of the Act, there is hereby established a subdivision
authority to exercise subdivision powers and duties on behalf of the Leduc
County as prescribed by this By-Law and Act.
3.
The subdivision authority shall consist of five (5) Council merr~bers who are not
members of the Subdivision and Development Appeal Board of Leduc County.
The members of the Subdivision Authority shall be appointed annually by Council
at its organization meeting or soon thereafter.
If a member ceases to be a
merr~ber of Council, he/she ceases to be a member of the subdivision authority
and in such case Council may appoint a new member of Council to the
subdivision authority.
4.
The Committee shall select a Chair and Vice Chair at its first meeting following
Council's annual Organizational meeting.
5.
In the event of absence or inability of the Chair to preside at a meeting, the Vice
Chair shall act as Chair: and if the Vice-Chair is also absent or not able to act as
Chair, the members present at the meeting shall elect among themselves an
Acting Cha.ir.
Secretary
6.
The Secretary to the Subdivision Authority shall be the General Manager,
Community Services. In the absence of the Secretary, the County Manager may
designate an Acting Secretary.
An Acting Secretary shall have all the
obligations, duties and privileges of the Secretary.
BYLAW NO. 24-08
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7.
The Secretary of the Subdivision Authority shall:
7.1
make and keep a written record of the proceedings which may be in the
form of a summary of the information presented to it at its meetings;
7.2
ensure that all statutory requirements of the subdivision authority are met;
7.3
compile all necessary documentation for distribution to members of the
Subdivision Authority
7.4
provide secretarial services for the recording of the proceedings of
the Subdivision Authority and for the retention of pertinent
materials; and
7.5
communicate or appoint a designate officer(s) to communicate the
decisions of the Subdivision Authority as required pursuant to the
Act.
Meetings and Quorum
8.
The Subdivision Authority shall convene meetings as frequent as it deems
appropriate, or at the call of the Chair provided at least three (3) days of notice
are served to the other members of the subdivision authority.
9.
The quorum shall be any three members of the Subdivision Authority.
Signing Authorit}!
10.
The Secretary or his designated officer(s) shall be authorized to sign any
decision, approval, notice or other thing made, given or issued by the Subdivision
Authority.
11.
Any decision, approval, notice or other thing made, given or issued by the
Subdivision Authority need only one authorized signature indcated thereon.
Responsibilities
12.
The Subdivision Authority shall hold meetings to consider and decide, pursua.nt
to the Act and applicable plans, bylaws, regulations and policies, on all
subdivision applications made to the Leduc County.
Decisions
13.
The decisions of the majority of the members of the Subdivision Authority present
at a meeting ·shall be deemed to be the decision of the Subdivision Authority.
14.
The Subdivision Authority shall conduct itself and may make rules as are
necessary for its meetings consistent with the Act.
Delegation of Authority
15.
Notwithstanding Section 2 to 14, inclusive, of this Bylaw, the Council may by resolution
delegate subdivision authority with respect to applications for the approval of specific
types or forms of subdivision to both the Director of Planning and Development and the
Manager of Current Planning.
Effective Date
16.
This By-law shaH come into force and effect on the date of third reading of this
Bylaw.
BY LAW NO. 24·08
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Repeal
17.
Bylaw No. 61-07 is hereby repealed upon this Bylaw coming into force and effect.
Read a first time this 26th day of August, AD. 2008.
Read a second time this 26th day of August, AD. 2008.
COUNTY MANAGER
Read a third time and finally passed this 2nd day of September, AD., 2008.
MAYOR