BELIZE BELMOPAN CITY COUNCIL ACT CHAPTER 86 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000. This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990. This edition contains a consolidation of the following laws - Page ARRANGEMENT OF SECTIONS 3 BELMOPAN CITY COUNCIL ACT 9 Amendments in force as at 31st December, 2000. BELIZE BELMOPAN CITY COUNCIL ACT CHAPTER 86 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000. This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980 - 1990. This edition contains a consolidation of the following laws - Page ARRANGEMENT OF SECTIONS 3 BELMOPAN CITY COUNCIL ACT 9 Amendments in force as at 31st December, 2000. Belmopan City Council [CAP. 86 3 CHAPTER 86 BELMOPAN CITY COUNCIL ARRANGEMENT OF SECTIONS PART I Preliminary 1. Short title. 2. Interpretation. PART II Constitution, etc., of the Council Term of Council, Members, Their Qualifications, etc. 3. Constitution of Council. 4. Term of Office of Council. 5. Date of General Election. 6. Qualification of members. 7. Disqualification of certain persons from being members. 8 Penalty for person incapable of election, or of person whose seat has become vacant, who sits or votes. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer No. 1 Power Lane, Belmopan, by the authority of [ the Government of Belize. ] 4 CAP. 86] Belmopan City Council 9. Vacation of seat. 10. Direct election of Mayor. 11. Leave of absence. 12. Power to fix allowances. PART III Appointment of Officers and Employees and Their Conditions of Service 13. Appointment of officers and employees of the Council and condi- tions of service. 14. Penalty on officers taking gratuity. PART IV Elections 15. Persons entitled to vote at elections to constitute a new Council. 16. Regulations relating to elections. 17. Regulations relating to election expenses. 18. Returning Officer and Election Clerks. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer No. 1 Power Lane, Belmopan, by the authority of [ the Government of Belize. ] Belmopan City Council [CAP. 86 5 PART V Council Meetings and Proceedings 19. Council may make regulations to regulate meetings. 20. Vacancy not to invalidate meetings. PART VI The Belmopan City Fund 21. Establishment of the Belmopan City Fund and monies constituting the Fund. PART VII Financial Provisions 22. Loans, when and how raised. 23. Submission of estimates of revenue and expenditure. PART VIII Duties and Powers of the Council Streets and Adjoining Lands 24. General powers as to streets, etc. 25. Council’s power to coordinate activities of utility agencies. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer No. 1 Power Lane, Belmopan, by the authority of [ the Government of Belize. ] 6 CAP. 86] Belmopan City Council 26. Penalties for injuries to streets, etc. 27. Duty to fence or repair fences in certain cases. 28. Council may require owner to erect fence. General Powers and Duties 29. Duties of the Council. 30. Additional general duties of the Council. PART IX Pensions Preliminary 31. Interpretation of words and phrases used in this Part. General Provisions Relating to Pensions 32. Pensions to be charged on revenues of Council. 33. Pensions not of right. 34. Computation of service for pension. 35. Retirement at fifty-five. 36. Pensions not payable before fifty-five years except in certain cases. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer No. 1 Power Lane, Belmopan, by the authority of [ the Government of Belize. ] Belmopan City Council [CAP. 86 7 37. Maximum pensions. 38. Pensions; to whom and at what rate to be granted. 39. Period of service qualifying for pension defined. 40. Council may apply part of a person’s pension towards the mainte- nance of his wife or children. 41. Pensions not assignable. 42. Lump sum gratuity with reduced pension. 43. Payment of pension/gratuity upon resignation. 44. Gratuity where service does not qualify for pension. 45. Gratuity for female officer. Manner of Computing Pensions 46. Pensionable service. 47. Computation of pensions, etc., on what emolument to be based. 48. Pensions Regulations. PART X Legal and General 49. General powers of Council to make By-laws THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer No. 1 Power Lane, Belmopan, by the authority of [ the Government of Belize. ] 8 CAP. 86] Belmopan City Council 50. By-laws prescribing fees. 51. Admissibility in evidence of documents signed by the Mayor or City Administrator. 52. Proof of legal proceedings. 53. Land, how acquired. 54. Council may cause work to be executed in case of default. 55. Members of Council not liable. 56. Protection of Council officials. 57. Expenses of the Council; how met. 58. Additional powers and functions of the Council. 59. Recovery of penalties. 60. Regulations. PART XI Repeals, Savings and Transitional Provisions 61. Status of officers and employees employed by Recondev. 62. Transfer of property. 63. Repeals and Savings. 64. Commencement. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer No. 1 Power Lane, Belmopan, by the authority of [ the Government of Belize. ] Belmopan City Council [CAP. 86 9 CHAPTER 86 BELMOPAN CITY COUNCIL 4 of 2000. Commencement [10. 2. 2 000] [9th February, 2000] S. I. 12 of 2000. PA RT I Preliminary 1. This Act may be cited as the Belmopan City Council Act. Short title. 2. In this Act, unless the context otherwise requires:- Interpretation. “allowance” means money payable under this Act to a councillor during the time he is a member of the Belmopan City Council; “Belmopan City Fund” means the fund established under section 21 of this Act; “City of Belmopan” means such area as the Minister may, in consultation with the Council, from time to time by Order published in the Gazette declare to constitute the City of Belmopan, which Order the Minister is hereby empowered to make; “Council” means the Belmopan City Council constituted under this Act; “general election” means an election held by reason of the expiration of the term of office of the Council ; “member” means a member of the Council and includes the Mayor; “Minister” means the Minister for the time being responsible for the subject of Local Government, unless otherwise specified; THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer No. 1 Power Lane, Belmopan, by the authority of [ the Government of Belize. ] 10 CAP. 86] Belmopan City Council “new Council” means a Council newly constituted after a general election; “Rules”, “Regulations” or “By-laws” means any Rules, Regulations or By- laws made under this Act; “voter” means a person registered as a voter in accordance with this Act. PART II Constitution, etc., of the Council Term of Council, Members, their Qualification, etc. Constitution of 3.-(1) There shall be and is hereby constituted and established a Coun- Council. cil to be known as the “Belmopan City Council” which shall be a body corporate with perpetual succession and a common seal. (2) The Council shall have capacity to acquire, hold and dispose of real and personal property and to sue and be sued in all courts of law. (3) The Council shall consist of a Mayor and six other members duly elected in accordance with this Act and Regulations made thereunder. (4) The Council is lawfully constituted when the requisite number of members has been elected. (5) No temporary vacancy caused by death or otherwise shall affect the validity of any proceedings of the Council. Term of office of 4.-(1) Every Council shall hold office for three years and a general Council. election to elect the first Council shall be on the first Wednesday in the month of March, 2000. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer No. 1 Power Lane, Belmopan, by the authority of [ the Government of Belize. ] Belmopan City Council [CAP. 86 11 (2) If during the term of office of the Council, a member’s seat becomes vacant, the vacancy shall be filled within ninety days by holding a by-election: Provided that a vacancy shall not be filled if it occurs within a pe- riod of one year before the time when the seat which is vacated would ordinarily have been vacated. 5. An election of members of the Council shall be held on the first Date of Wednesday next ensuing after the day on which the term of office of the General Council expires. Election. 6. No person shall be capable of being elected as a member of the Qualification Council who is not a Belizean citizen and a registered voter of the City of of members. Belmopan. 7.-(1) No person shall be eligible for election as a member of the Coun- Disqualification cil, or having been elected, shall sit or vote on the Council, who:- of certain persons from being members. (a) holds an office of employment or place of profit in the gift or disposal of the Council; or (b) has directly or indirectly by himself or his partner, any share or interest in any contract with the Council; or (c) is in the employment of the Council; or (d) has in Belize or any other Commonwealth country, been sentenced to death or to imprisonment (by whatever name called) for a term exceeding twelve months and has not ei- ther suffered the punishment to which he was sentenced or such other punishment as may by competent authority have been substituted therefor or received a free pardon; or THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer No.