Belmopan City Council Act

Link to law: http://www.belizelaw.org/web/lawadmin/PDF%20files/cap086.pdf
Published: 2000

CAP. 86 BELMOPAN CITY COUNCIL ACT 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.

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[ ]

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.

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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.

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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.

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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.

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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

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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.

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CHAPTER 86

BELMOPAN CITY COUNCIL

[9th February, 2000]

PART I

Preliminary

1. This Act may be cited as the Belmopan City Council Act.

2. In this Act, unless the context otherwise requires:-

“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;

Short title.

Interpretation.

4 of 2000.

Commencement

[10. 2. 2 000]

S. I. 12 of 2000.

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“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.

3.-(1) There shall be and is hereby constituted and established a Coun-

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.

4.-(1) Every Council shall hold office for three years and a general

election to elect the first Council shall be on the first Wednesday in the

month of March, 2000.

Constitution of

Council.

Term of office of

Council.

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(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

Wednesday next ensuing after the day on which the term of office of the

Council expires.

6. No person shall be capable of being elected as a member of the

Council who is not a Belizean citizen and a registered voter of the City of

Belmopan.

7.-(1) No person shall be eligible for election as a member of the Coun-

cil, or having been elected, shall sit or vote on the Council, who:-

(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

Date of

General

Election.

Qualification

of members.

Disqualification

of certain

persons from

being members.

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(e) is a person adjudged to be of unsound mind or detained

as a criminal lunatic under any law in force in Belize; or

(f) is a public officer, other than a teacher or an open vote

worker; or

(g) is a returning officer for an election to the members of the

Council; or

(h) has not ordinarily resided in the City of Belmopan for at

least one year immediately preceding the date of the elec-

tion or is not domiciled in Belize or ordinarily resident

therein at the date of the election; or

(i) is or becomes a member of the National Assembly or of

any Commission established by or under the Belize Con-

stitution.

(2) For the purposes of this section, a person shall not be disqualified

from being a member by reason of his being interested in -

(a) any contract in respect of which the Minister shall remove

the disqualification if he is of the opinion that such removal

will be of public benefit; or

(b) any newspaper in which any advertisement relating to the

affairs of the Council is inserted; or

(c) any contract with the Council as a shareholder in any joint

stock company, but he shall not vote at any meeting of the

Council on any question in which such company is inter-

ested.

CAP. 4.

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(3) The office of Mayor of the Council and the office of a member

are declared not to be offices of employment or places of profit in the gift

or disposal of the Council although remuneration may be paid to such

Mayor and member out of moneys provided by the Council.

(4) A person shall not be considered as holding an office of employ-

ment or place of profit in the gift or disposal of the Council or as being in

the employment of the Council or as holding a public office by reason only

of the fact that he is in receipt of a pension or other like allowance in re-

spect of service under the Council or the Public Service or that he holds a

general retainer as attorney of the Council.

8. Any person who -

(a) having been returned as an elected member of the Council

without having been at the time of his election qualified to

be an elected member, or having since his election become

disqualified in pursuance of section 7 above from sitting and

voting, sits or votes on the Council; or

(b) sits or votes on the Council after his seat has become va-

cant under section 9 below,

shall, for every day on which he sits or votes after his seat has become

vacant, be liable to a fine of one hundred dollars to be recovered by action

in the Supreme Court by any person who, with the written consent of the

Attorney General, sues for it.

9. If any elected member of the Council: -

(a) dies; or

Penalty for

person incapable

of election, or a

person whose

seat has become

vacant, who sits

or votes.

Vacation of seat.

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(b) by writing under his hand addressed to the Mayor, or in

the case of the Mayor, to the Deputy Major, resigns his

seat on the Council; or

(c) makes any declaration or acknowledgment of allegiance

to any foreign state or power which does not recognise

dual nationality or is hostile to Belize; or

(d) becomes a citizen or subject of any foreign state or

power which does not recognise dual nationality or is

hostile to Belize; or

(e) is sentenced in Belize or any other Commonwealth coun-

try to death, penal servitude or imprisonment for a term

exceeding twelve months; or

(f) accepts any office of emolument in the Public Service or

under a Town Council or City Council in Belize; or

(g) becomes a member of the National Assembly or of any

Commission established under the Belize Constitution;

(h) is absent without leave or other reasonable cause from four

consecutive meetings of the Council; or

(i) becomes subject to any of the disqualifications specified in

sections 6 and 7 above,

his seat on the Council shall thereupon become vacant.

10.-(1) The Mayor shall be directly elected by the electorate from

among persons who offer themselves as candidates for Mayor in a

general election held to elect a new Council.

Direct election of

Mayor.

CAP. 4.

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(2) At the first meeting of the Council after every general election

to constitute a new Council, and at the end of every year thereafter, the

members of the Council shall elect a Deputy Mayor from among their num-

ber.

(3) Whenever a vacancy occurs in the office of Mayor through death,

resignation or otherwise, the Deputy Mayor shall, subject to sections 6, 7

and 9 above, act as Mayor for the remainder of the term of office of the

Council.

(4) During the illness or absence on leave of the Mayor, the Deputy

Mayor shall exercise and perform all powers and duties conferred upon the

Mayor by this Act and Regulations made thereunder.

(5) The Deputy Mayor may at any time during his term of office be

removed from office at a meeting of the Council by a majority resolution of

the members of the Council present and voting at that meeting, and a new

Deputy Mayor may be elected for the unexpired term of office of the Council

by the members of the Council from among their number.

(6) Notice of a resolution under subsection (5) above shall be given to

all the members of the Council not less than fourteen days before the meet-

ing at which the resolution is proposed.

(7) The Mayor shall, subject to the provisions of this Act and any Regu-

lations made thereunder, be the chief executive officer of the Council and

shall be responsible for providing effective leadership and direction for the

Council, and without limiting the generality of the foregoing, shall be re-

sponsible for: -

(a) developing sister-city or sister-town relations with other cit-

ies or towns within and outside Belize;

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(b) supervising the City Administrator and ensuring that the City

Administrator implements the decisions of the Council;

(c) subject to section 11(1) below, granting leave of absence

to members of the Council;

(d) assigning members of the Council, subject to his direction

and control, with specific areas of responsibility in the man-

agement of the City’s affairs in such areas as environmen-

tal protection, revenue collection, City zoning, planning and

urban infrastructure, City sanitation, public health and mar-

ket management, tourist promotion and development, co-

ordination of public utilities, crime and drug reduction and

prevention, recreational planning and development, devel-

opment of sports and culture, traffic control and man-

agement, and coordination of relations and activities be-

tween the City, the Government of Belize, non-governmen-

tal organisations and civil society organisations;

(e) ensuring that Council meetings are open to the public, un-

less he directs otherwise;

(f) submitting for the consideration of the residents of the City

through notices in a newspaper in general circulation in the

City or through publications on radio and on television and

at meetings held pursuant to paragraph (g) below, at least

once every three months during the term of office of the

Council, sufficiently detailed reports showing the develop-

mental and other activities undertaken by the Council for

the benefit of the residents of the City;

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(g) arranging, at least once every six months during the term of

office of the Council, meetings where the residents of the

City may meet the members of the Council and may submit,

orally or in writing, any subjects or areas they feel should

be addressed by the Council in the administration and man-

agement of the City;

(h) ensuring that the Council discharges the duties imposed upon

it by or under this Act;

(i) such other areas in the administration and management of

the City as the Council may, by two-thirds majority resolu-

tion, decide to confer on him.

11.-(1) The Mayor may, with the concurrence of four other members, grant

leave of absence to any member for a period not exceeding six months.

(2) The Council may grant to the Mayor leave of absence not exceed-

ing six months.

12. The Council may by resolution fix an allowance to be paid to mem-

bers from monies constituting the Belmopan City Fund.

PART III

Appointment of Officers and Employees and

their Conditions of Service

13.-(1) The Council shall appoint a suitably qualified person as City Ad-

ministrator who shall assist the Mayor in the day to day management of the

affairs of the Council and the City of Belmopan.

Leave of absence.

Power to fix

allowances.

Appointment of

officers and

employees of the

Council and

conditions of

service.

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(2) The Council may appoint such other suitably qualified officers

and employees as it thinks necessary for the efficient administration of the

affairs of the City of Belmopan.

(3) The power to remove, promote, or take disciplinary action against

officers and employees of the Council, including the City Administrator,

shall be and is hereby vested in the Council.

(4) The Council may pay its officers and employees such salaries,

allowances, pensions, gratuities and other benefits out of the Belmopan

City Fund as it considers necessary.

14. Every officer or employee employed for the purposes of this Act

who exacts or accepts on account of anything done or not done relating to

his duties any fee or reward whatever other than the salary or allowance

ordered or allowed by the Council is guilty of an offence and is liable on

summary conviction to a fine of not more than ten thousand dollars or to

imprisonment for a period of not less than one year nor more than five

years, or to both such fine and period of imprisonment.

PART IV

Elections

15.-(1) Every person who -

(a) is registered as an elector for the electoral divisions under

the Representation of the People Act comprised in the City

of Belmopan; and

(b) subject to subsection (2) below, is in possession of an iden-

tification card issued to him under that Act; and

Penalty on officers

for taking gratuity.

Persons entitled to

vote at elections to

constitute a new

council.

CAP. 9.

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(c) resides within the limits of the City of Belmopan, and has

continuously so resided for a period of three months imme-

diately before an election,

shall be entitled to vote at the election of a member of the Council.

(2) Notwithstanding subsection (1) above, a person who has been reg-

istered under the Representation of the People Act, but who is unable to

produce his identification card, shall be permitted to vote upon proving to

the satisfaction of the presiding officer that although he has been registered,

he has not been issued with an identification card or that the identification

card issued to him has been lost or destroyed.

(3) Where a person is permitted to vote under subsection (2) above,

the presiding officer shall so state to the candidates or agents then present

in the polling station, and also make a record of his reasons for so doing

and shall maintain a list of the names and registration numbers of the elec-

tors voting without producing their identification cards, showing the num-

ber of the ballot paper issued to each of them.

16.-(1) The Elections and Boundaries Commission may, after consulta-

tion with representatives of civil society organisations and other interested

bodies, make Regulations:-

(a) to provide for the registration of electors;

(b) to provide for the holding of elections and by-elections of

members of the Council;

(c) to provide for the conduct of elections of members of the

Council;

(d) to prohibit any act or matter which in its opinion is not con-

ducive to the maintenance of order on polling day;

Regulations

relating to

elections.

CAP. 9.

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(e) to declare any act committed in the course of any cam-

paign for election or at an election, an election offence;

(f) to declare the grounds upon which an election may be chal-

lenged and the persons who may challenge an election;

(g) to declare the grounds upon which an election may be

voided and the procedure for challenging an election;

(h) to provide for the trial of election petitions and matters

connected therewith including the deposit of security and

award of costs;

(i) to prescribe the form of the ballot papers and sample bal-

lot papers;

(j) to provide for the custody and disposal of ballot papers;

(k) to prescribe the method of marking voters at elections;

(1) to provide for penalties for the breach of any Regulations;

and

(m) to prescribe for all such other matters relating to elections

as may be necessary for the carrying out of the provisions

of this Act.

(2) Contraventions of any Regulations made under subsection (1) above

may be declared by the Elections and Boundaries Commission to be ille-

gal practices, and provision may be made in the said Regulations for the

punishment on summary conviction, of persons committing or aiding, abet-

ting, inciting, taking part or attempting to take part in the commission of

such illegal practices, by:-

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(a) a fine not exceeding two thousand dollars; and

(b) disqualification from voting at any election under this Act,

the Belize City Council Act, the Town Councils Act, the

Representation of the People Act, and from being elected

or appointed, as the case may be, as a member of a City

Council, Town Council, Village Council, or of the National

Assembly for a period of three years from the date of his

conviction.

(3) Regulations made by the Election and Boundaries Commission un-

der this section shall be laid on the table of the House of Representatives

by the Minister as soon as may be after the making thereof and shall be

subject to negative resolution.

(4) Until such time as Regulations mentioned in this section are made

by the Elections and Boundaries Commission, Regulations applicable to

Belize City in respect of the same matters shall be applied, mutatis mutan-

dis, to elections for the City of Belmopan.

17.-(1) The Minister may make Regulations -

(a) with respect to the incurring of expenses and the making of

payments by or on behalf of a candidate, whether before,

during or after an election, on account of or in respect of,

the conduct or management of such election;

(b) requiring the appointment of an election agent through or by

whom all expenses or payments as mentioned in paragraph

(a) above shall be incurred or made;

(c) fixing the maximum amount of expenses that may be incurred

or paid, whether before, during or after an election, on ac-

count, or in respect of the conduct or management of such

election;

CAP. 85.

CAP. 87.

CAP. 9.

Regulations

relating to

election ex-

penses.

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(d) fixing the time within which all election expenses shall be

paid and barring all claims in respect thereof not made within

the prescribed time; and

(e) requiring a return of expenses and prescribing the form in

which the same shall be made and verified.

(2) Contraventions of Regulations made under subsection (1) above

may be declared by the Minister to be illegal practices, and provisions

may be made in the said Regulations for the punishment on summary con-

viction, of persons committing or aiding, abetting, inciting, attempting to

take part or taking part in the commission of such illegal practices, by: -

(a) a fine not exceeding two thousand dollars; and

(b) disqualification from voting at any election under this Act,

the Town Councils Act, the Belize City Council Act, the

Representation of the People Act, and from being elected

or appointed, as the case may be, as a member of a City

Council, Town Council, Village Council or of the National

Assembly for a period of three years from the date of his

conviction.

(3) Regulations made by the Minister pursuant to this section shall

be subject to negative resolution by the House of Representatives.

(4) An election petition may be presented in respect of any illegal

practice declared by such Regulations to be the grounds for the presenta-

tion of any such petition.

(5) Until such time as the Minister makes Regulations mentioned in

this section for elections to the Belmopan City Council, Regulations appli-

cable to Belize City in respect of the same matters shall be applied, muta-

tis mutandis, to elections for the City of Belmopan.

CAP. 87.

CAP. 85. CAP. 9.

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18.-(1) For the purposes of holding an election, the Elections and Bound-

aries Commission established under section 88 of the Belize Constitution

shall, from time to time and as occasion demands, appoint a person to be

the Returning Officer for the City of Belmopan, and may appoint one or

more persons to assist the Returning Officer in the performance of his du-

ties. A person so appointed to assist the Returning Officer shall have all the

powers and may perform all the duties of the officer he is appointed to

assist, and any reference in this Act or Regulations made thereunder to a

Returning Officer shall, unless the context otherwise requires, be deemed

to include a reference to every such person.

(2) The Chief Elections Officer shall, with the approval of the Com-

mission, appoint an Election Clerk and one or more Assistant Clerks for

the City of Belmopan. If at any time between the dissolution of a Council

and the declaration of the result of the election following thereon the Re-

turning Officer dies or becomes incapable of performing his duties as such,

the Election Clerk shall forthwith report that fact to the Chief Elections

Officer and shall discharge all the duties and exercise all the powers of the

Returning Officer until some other Returning Officer is appointed or the

Returning Officer ceases to be incapable of performing his duties, as the

case may be.

(3) An appointment made under subsections (1) and (2) may be re-

voked at any time.

PART V

Council Meetings and Proceedings

19.-(1) The Council may from time to time make Regulations to regulate

Council meetings and proceedings, and the meetings and proceedings of

any Committees established by the Council.

Returning Officer

and Election

Clerks.

CAP. 4.

Council may

make regulations

to regulate

meetings.

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(2) Without prejudice to the generality of subsection (1) above, such

Regulations may provide for all or any of the following matters, namely:-

(a) the regulation of the proceedings of the Council and of

Committees and the conduct of meetings thereof respec-

tively;

(b) the regulation of the time and manner of holding annual and

other stated and also ordinary meetings of the Council and

regulating the business that may be transacted thereat re-

spectively;

(c) the provision of the custody of documents and regulation

of the custody, and use, and mode and form of attestation

of the common seal of the Council;

(d) the regulation of the duties of the Council’s officers and

employees;

(e) the procedure to be followed at the election of Deputy

Mayor;

(f) the places at which ordinary and special meetings of the

Council may be held;

(g) the procedure for convening meetings of the Council;

(h) the period of notice to be given to members before a meeting

of the Council;

(i) the person who shall preside at meetings of the Council in

the absence or the inability to preside of both the Mayor

and the Deputy Mayor;

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(j) the quorum for meetings of the Council and the manner

of voting thereat;

(k) the prohibition of any member of the Council or of a Com-

mittee from taking part in any discussion or voting in re-

spect of any matter in which he is directly or indirectly inter-

ested;

(1) the maintenance of order at meetings of the Council;

(m) the rights of certain persons to attend meetings of the Council

and the powers and privileges of such persons while in atten-

dance; and

(n) anything incidental to or connected with the matters

referred to in this subsection.

(3) Regulations made by the Council under this section shall be subject

to negative resolution by the House of Representatives.

(4) Notwithstanding any other rule of law to the contrary, Council meet-

ings shall be open to the public unless otherwise directed by the Mayor.

20. The proceedings of the Council or of any Committee thereof shall

not be invalidated by any vacancy among its members, or the want of

qualification of a member.

Vacancy not to

invalidate

meetings.

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PART VI

The Belmopan City Fund

21. There shall be and is hereby established for the purposes of the

Council a fund to be known as the “Belmopan City Fund” into which

shall be deposited or credited: -

(a) all monies voted from time to time by the National Assem-

bly for the use by the Council in the administration of the

City of Belmopan;

(b) all monies payable in any manner whatsoever to the Coun-

cil whether under or pursuant to this Act or Regulations

made thereunder or otherwise;

(c) all fines and penalties recovered summarily on the infor-

mation of the Council or of any officer, employee or mem-

ber thereof for non-compliance with the provisions of this

or any other Act or Rules,

(2) The Belmopan City Fund shall be kept at such banks or other

financial institutions as the Council may from time to time determine.

PART VII

Financial Provisions

22.-(1) Whenever the general interest and welfare or development of the

City of Belmopan will, in the opinion of two-thirds of the members of the

Council, be advanced by an expenditure greater than can be met out of

Establishment of

Belmopan City

Fund and monies

constituting the

fund.

Loans, when and

how raised.

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the annual revenue of the Belmopan City Fund, the Council may, by resolu-

tion carried by its majority, recommend to the Minister for the time being

responsible for Finance, on the guarantee of an annual allocation of such

amount of the Belmopan City Fund as may be equivalent to the annual

interest and sinking fund necessary for its redemption, the raising of a loan,

the proceeds of which shall be devoted to such development.

(2) Upon such recommendation the Minister for the time being re-

sponsible for Finance may borrow such sum of money as may be authorised

under the Local Public Loans Act, and thereafter the sum necessary to

meet the annual interest and sinking fund for the redemption of the loan

shall be a first charge upon all monies which may then or thereafter form

part of the Belmopan City Fund:

Provided that it shall be lawful for the Minister responsible for Fi-

nance to advance from the public funds of Belize any sum required by the

Council, on such terms and conditions as the said Minister may determine,

if the said Minister is satisfied that the Council shall be able from its ordi-

nary revenue to repay the amount advanced within such time as he may

determine.

(3) Notwithstanding section 23 (5) below, the Minister of Finance may,

from time to time and as occasion requires, appoint a person as Financial

Controller; or designate a public officer as such Controller, and the func-

tions of such Financial Controller shall include the monitoring of the man-

agement of, and disbursement from, the Belmopan City Fund to ensure

they comply with accepted accounting and commercial procedures.

23.-(1) The Council shall, before the end of January in each year, submit to

the Minister for the time being responsible for Finance, through the Minis-

ter, an estimate of revenue and expenditure for the period of one year com-

mencing from 1st April then next ensuing and the Minister for the time being

responsible for Finance may issue his warrant for the whole or such part of

Submission of

estimates of

revenue and

expenditure.

CAP. 80.

Belmopan City CouncilCAP. 86]

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the lawful expenditure as he may approve, subject to such conditions as to

him may seem fit.

(2) The estimates of the Council shall as soon as possible after receipt

thereof by the Minister for the time being responsible for Finance be laid

by him on the table of the National Assembly.

(3) The Minister for the time being responsible for Finance may, at

any time when a matter appears to him to be of sufficient urgency, permit

the Council to incur any lawful expenditure not provided in the approved

estimates, and shall as soon as possible thereafter inform the National

Assembly that such additional expenditure has been approved.

(4) In this section, “lawful expenditure” means expenditure incurred in

exercise of any of the powers or performance of any of the duties con-

ferred or imposed on the Council by any existing or future legislation.

(5) The Council may from time to time make Regulations prescribing

the manner in which the accounts of the Council are to be kept and dis-

bursements made, and for the audit of the accounts of the Council by

auditors duly approved by the Council.

(6) The accounts of the Council shall be audited annually by an audi-

tor appointed in each year by the Council with the approval of the Minis-

ter.

(7) Within four months after the end of each financial year, the Council

shall cause to be made and shall submit to the Minister:-

(a) a statement of its accounts audited in accordance with sub-

section (6) above; and

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(b) a report dealing generally with the activities of the Council

during that financial year.

(8) The Minister shall cause a copy of such report together with the

annual statement of accounts and the auditor’s report thereon to be tabled

in the National Assembly.

(9) In this section “Minister” means the Minister for the time being re-

sponsible for Finance.

PART VIII

Duties and Powers of the Council

Streets and adjoining Lands

24.-(1) All streets, in which term is included public drains and bridges

within the boundaries of the City of Belmopan, shall be under the control,

care and management of the Council.

(2) The Council is empowered in respect of any street to do any of the

following things:-

(a) to lay out, construct, repair, alter or widen all streets with

such material and in such manner as the Council thinks fit;

(b) to make surveys for the laying out of new streets;

(c) to determine what part of a street shall be a carriage-way

and what part a foot-way only;

(d) to alter the level of any street;

General powers

as to streets etc.

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(e) to stop temporarily the traffic on any street or part thereof

while such street is being constructed or repaired;

(f) to plant trees in any street in the City of Belmopan and

erect tree guards to protect the same;

(g) to provide for the naming, numbering and lighting of places

and streets; and

(h) to sell the surplus spoil of streets.

(i) subject to the Motor Vehicles and Road Traffic Act, to

determine traffic flows, parking and all other matters re-

lated to traffic regulation.

(3) The Council shall exercise the power to make any new street or

divert or widen or diminish the width or alter the level of any street only

after inserting a notice to that effect in the Gazette at least four weeks

previously to the date of the exercise of such power, inviting the residents

of the City of Belmopan to make representation in writing to the Council in

connection with the exercise of the power. The Council shall, before ex-

ercising the power, genuinely consider and take into account the represen-

tations, if any, made by the residents of the City of Belmopan, but shall not

be obliged to follow them.

(4) Subject to subsection (6) below, the Council may by resolution

declare that any existing street shall be closed, diverted or turned, and that

some other shorter or more convenient course shall be substituted for any

street so closed, diverted or turned as the public advantage may require.

(5) Whenever it appears to the Council that having regard to the lim-

ited use made of any street, the closing thereof without the provision of

any other course will not result in serious handicap, difficulty or inconve-

CAP. 230.

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nience to the public, the Council may, subject to subsection (6) below, by

resolution declare that the street be closed without ordering that any other

street be substituted therefor.

(6) Before proceeding to exercise the powers conferred upon it under

subsections (4) and (5) above, the Council shall insert a notice in the

Gazette at least four weeks previously to the exercise of the said powers

and shall in that notice invite the residents of the City of Belmopan to make

written representations to it in connection with the proposed exercise of

such powers. The Council shall, before exercising the powers, genuinely

consider and take into account the representations, if any, made by the

residents of the City of Belmopan, but shall not be obliged to follow them.

(7) The Council shall, in addition to the powers specified in this section,

enjoy such further additional powers in respect of public roads and streets

within the City of Belmopan as are or may hereafter be conferred upon it

by or under the Public Roads Act.

25.-(1) Without prejudice to any other powers conferred on the Council by

this Act or any other law, the Council shall have the power and responsibil-

ity of coordinating the activities and operations of all utility agencies and

property developers within the City of Belmopan with respect to the exca-

vation and restoration of streets, canals, creeks and other public rights of

way, with the object of preventing damage to the City infrastructure and

minimizing the disruption of utility services to the City of Belmopan.

(2) Where any damage or injury to the infrastructure of the City of

Belmopan is caused by a utility agency or the Council in the excavation and

restoration of any public road, street, canal, creek and other public right of

way, the Council shall be responsible, subject to subsection (3) below, to

make good such damage or injury and to restore the infrastructure to a

good state of general repair.

CAP. 232.

Council’s power

to coordinate

activities of

utility agencies.

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(3) Where the Council incurs extraordinary expenses in repairing the

infrastructure by reason of the damage or injury to any street, road, canal,

creek and other right of public way caused under subsection (2) above or

by excessive weight passing along such street, road, canal, creek or other

right of public way or extraordinary traffic thereon, the Council may re-

cover the expense from any person by whose order such damage or injury

has been caused, as a civil debt in any summary jurisdiction court.

(4) For the purpose of subsection (1) above, the Council may make

By-Laws to control and regulate the activities and operations of utility

agencies.

(5) There shall be established within the administration of the Belmopan

City Council a Utility Coordination Unit with power to ensure effective

coordination between all utility agencies and to enforce By-Laws made

pursuant to subsection (4) above.

(6) In this section, the expression “utility agencies” means all corpora-

tions, companies, and entities which provide electricity, water and sewer-

age, telephone, telefax, gas, and other utility services.

(7) The provisions of this section shall have effect notwithstanding the

provisions of any other law to the contrary but shall be exercised subject

to the provisions of the Public Utilities Act.

26.-(1) Any person who, not being authorised by the Council or by any

law: -

(a) encroaches on a street or other public right of way by mak-

ing or erecting any building, fence, ditch, or other obstacle

or work of any kind upon, over or under it or planting any

tree or shrub thereon;

Penalties for

injuries to streets,

etc.

CAP. 223.

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(b) places or leaves on a street or other public right of way any

timber, earth, stones or other things;

(c) digs up, removes or alters in any way the soil or surface or

scrapings of a street;

(d) allows any water, tailings or sludge or any filthy or noisome

matter to flow from any building or land in his occupation

on a street or other public right of way;

(e) causes or permits any timber or other heavy material not

being wholly raised above the ground on wheels to be

dragged on a street or other public right of way;

(f) causes or negligently allows any retaining wall, foundation-

wall or fence erected on any land or slope of earth or any

building, erection, material or thing to give way or fall so as

to injure or obstruct any street or other public right of way;

(g) does, causes or permits to be done any act whatever by

which any injury is done to any street or other public right

of way or any work or thing in, or under, it; or

(h) defaces, obliterates or removes any number, mark or

name painted or affixed on any lot, house, building, street,

sign, street lights or square,

is guilty of an offence and is liable on summary conviction to a fine not

exceeding five hundred dollars and to a further sum equal to the cost in-

curred by the Council in removing the encroachment, obstruction or matter,

or in repairing any injury done as specified in paragraphs (a) to (h) above.

(2) No penalty shall be imposed under this section unless the informa-

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tion or complaint is laid by the authority of the Council or some officer

thereof.

27. If any land adjoining any street within the boundaries of the City of

Belmopan is allowed to remain unfenced or if the fences of such land are

allowed to be or remain out of repair and the land is, owing to the absence

or inadequate repair of any such fences, a source of danger to passengers,

cyclists or pedestrians, or is used for any immoral or indecent purpose, or

for any purpose causing inconvenience or annoyance to the public, the

Council may, at any time after the expiration of fourteen days from the

service upon the owner or occupier of such land of a notice in writing by

the Council requiring the land to be fenced or any fence on the land to be

repaired, cause the land to be fenced or the fences thereto to be repaired

in a manner it thinks fit, and the reasonable expenses thereby incurred

shall be recoverable from the owner or occupier summarily as a civil debt.

28.-(1) The Council may, by notice in writing to the owner of any land,

require such owner, within a reasonable time specified in such notice, to

cause a sufficient fence to be erected dividing the land from any adjoining

street or to cause any fence dividing the land from any adjoining street to

be restored, repaired or otherwise put in a proper state of repair.

(2) An owner who makes default in complying with the requirements

of any notice served upon him under this section is liable to a fine of fifty

dollars for every day that the default continues after written notice thereof

from the Council.

General Powers and Duties

29. The Council is entrusted with the general rule and good govern-

ment of the City of Belmopan and has power, subject to the provisions

of this Part, to do all things necessary to carry out such trust, and in

particular has power and authority to do or cause to be done all or any

Council may

require owner to

erect fence.

Duties of the

Council.

Duty to fence or

repair fences in

certain cases.

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of the matters following:-

(a) to establish, regulate, control, construct, maintain and man-

age markets, slaughter-houses, bath-houses and wash-

houses, public restrooms;

(b) to impose rents and fees upon persons using or benefited

by such markets, slaughter-houses, wash-houses and bath-

houses, public restrooms;

(c) to impose such restrictions upon owners of land as may be

necessary to prevent any building upon such land from be-

ing or becoming a source of danger to surrounding proper-

ties whether from fire or from its insecure construction or

dilapidated condition;

(d) to undertake the marking and numbering of lots, houses,

buildings and yards for the purpose of distinguishing the same;

(e) to establish, maintain and control parks, gardens , squares

and open places within the City;

(f) to erect and maintain any City Hall or other building re-

quired for public purposes;

(g) to establish, maintain and control a public library;

(h) to manage and dispose of any lands, buildings or other

property acquired or owned by the Council for public

purposes;

(i) to prevent stray dogs, cats and other pets and domesticated

animals from roaming the streets of the City;

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(j) to prohibit excessive noise from bars, hotels, discotheques

and other places of entertainment;

(k) to do all such other things or matters for the purpose of

increasing the convenience and amenity of the City of

Belmopan.

30. Without prejudice to any other powers conferred upon, or duties

imposed on, the Council by this or any other Act or Regulations made

thereunder, the Council shall have the obligation to perform the following

duties in the City of Belmopan in an efficient and timely manner:-

(a) to maintain all public cemeteries in the City of Belmopan in

a sanitary manner and to keep such cemeteries in a general

state of good repair;

(b) to coordinate, control, manage or regulate the timely and

efficient collection and removal of all garbage and debris

material from all residential or commercial areas in the City

of Belmopan;

(c) to construct, repair, alter, widen, lay out and make

surveys for streets in the City of Belmopan, especially in

new residential or commercial areas;

(d) to repair, cleanse and keep clean and in good repair all or

any part of the walls of any public drain, canal, open spaces

or creek in the City of Belmopan, but this duty shall not be

construed as compelling the Council to cleanse any public

drain, canal, open space or creek at times when the public

health would in the opinion of the Council be endangered

by the operation;

Additional general

duties of the

Council.

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(e) to issue residential and commercial lots within the City lim-

its, on such terms and conditions as may be agreed upon by

the Council from time to time, to persons who make applica-

tion therefor;

(f) to remove derelict vehicles, subject to any other law, which

are an eyesore on Belmopan’s pristine environment.

PART IX

Pensions

Preliminary

31. In this Part, unless the context otherwise requires:-

“officer” means a person who is on the permanent established staff of the

Council;

“pensionable emoluments” includes salary and personal allowance;

“personal allowance” means a special addition to salary granted personally

to the holder for the time being of the office;

“salary” means the actual salary attached to an office.

General Provisions Relating to Pensions

32. There shall be charged on and paid out of the revenues of the

Council all sums of money as may be granted by way of pension to an

officer in accordance with this Part and Regulations made thereunder.

33.-(1)No officer shall have an absolute right to a pension under this Act

Interpretation of

words and

phrases used in

this Part.

Pensions to be

charged on

revenues of

Council.

Pensions not of

right.

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nor shall anything contained in this Act limit the right of the Council to

dismiss an officer without a pension.

(2)Where it is established to the satisfaction of the Council that an

officer has been guilty of negligence, irregularity or misconduct, the officer’s

pension may be reduced or altogether withheld.

34. Subject to section 44 below, all the service of an officer, includ-

ing service on probation or agreement if there has been no breach

between such service and the confirmation of the officer in his appoint-

ment, but not including service while under the age of twenty years, shall

be taken into account in computing his pension.

35. The Council may require an officer to retire from its service at

any time after he attains the age of fifty-five years.

36. No pension shall be granted to an officer who has not attained

the age of fifty-five years, unless on medical evidence to the satisfaction

of the Council that he is incapable, by reason of some infirmity of mind

or body, of discharging the duties of his office, and that such infirmity is

likely to be permanent and is not attributable to his own misconduct or

gross negligence.

37. No pension granted to an officer under this Act shall exceed two

thirds of the highest pensionable emoluments drawn by the officer at any

time in the course of his service.

38. Subject to this Part, an officer may be granted on his retirement

a pension at three-fourths of the rate for which provision is made in the

Pensions Regulations made under the Pensions Act.

39.-(1)Subject to this Part, service qualifying for pension shall be the in-

clusive period between the date on which an officer began to draw salary

Computation of

service for

pension.

Retirement at fifty-

five.

Pensions not

payable before

fifty-five years

except in certain

cases.

Maximum pen-

sions.

Pensions; to whom

and at what rate to

be granted.

CAP. 30.

Period of service

qualifying for

pension defined.

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from the funds of the Council and the date of his leaving the service of the

Council.

(2)Service qualifying for pension shall be unbroken service, except in

cases where it has been interrupted by abolition of office or other tempo-

rary suspension of employment not arising from misconduct, gross negli-

gence or voluntary resignation.

40.-(1) Where an order of maintenance has been made by a court of com-

petent jurisdiction against an officer to whom a pension has been granted,

the Council may, on its being proved to it that there is no reasonable prob-

ability of the order being satisfied, from time to time deduct from the mon-

ies payable to the officer by way of pension such sum or sums as the Coun-

cil may think expedient, and apply the same to satisfy wholly or in part the

maintenance order.

(2)Where an officer to whom a pension has been granted has left Belize

and deserted and left his wife or child within Belize without sufficient means

of support, the Council, on being satisfied that the wife or child is by reason

of the officer’s absence from Belize unable, and would but for the absence

be able, to obtain an order of maintenance, may from time to time deduct

from the monies payable to such officer by way of pension such sum or

sums as the Council may think expedient, and may apply it for the mainte-

nance and support of the wife or child.

(3)Where an officer to whom a pension has been granted has been

adjudicated a person of unsound mind and has a wife or a child or children

living, the Council may deduct from the monies payable to such officer by

way of pension such sum or sums as it may think expedient and apply it for

the maintenance and support of the wife or any child or children of the

officer.

41. Subject to section 40 above, no pension granted under this Act

A Council may

apply part of a

person’s pension

towards the

maintenance of

his wife or

children.

Pensions not to

be assignable.

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shall be assignable or transferable, or liable to be attached, sequestered,

or levied upon, for or in respect of any debt or claim whatever.

42. Any officer to whom a pension is granted under this Act may, at his

option, be paid in lieu of such pension, a pension at the rate of three-

fourths of such pension together with a gratuity equal to twelve and one-

half times the amount of the reduction so made in the pension.

43.-(1) A person who resigns from the service of the Council after com-

pleting not less than ten years of continuous service may be granted a

gratuity.

(2) An officer who resigns from the service of the Council after com-

pleting not less than fifteen years of pensionable service may be granted in

accordance with Regulations made under this Act:-

(a) a gratuity, if he resigns after completing not less than ten

years of continuous service; or

(b) a pension and gratuity, if he resigns after completing not

less than fifteen years of continuous service.

(3) In the case of subsection (2) above, the pension (but not gratuity)

shall be deferred until the officer reaches the normal retirement age, or in

special cases with the approval of the Council, any lower age not being

less than fifty years.

44. Subject to the provisions of this Part, where a person retires from

the service of the Council before completing ten years of continuous ser-

vice, he may be granted in respect of such service, a gratuity not exceed-

ing five times the annual amount of the pension which might have been

granted had there been no qualifying period.

Payment of

pension/gratuity

upon resignation.

Gratuity where

service does not

qualify for

pension.

Lump sum

gratuity with

reduced pension.

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45.-(1) Where a female officer retires or opts to retire for the reason that

she is about to marry or has married, and she is not eligible for the grant of

any pension or otherwise eligible for gratuity under this Part, she may be

granted in respect of her service under the Council, a gratuity of an amount

not exceeding five times the annual amount of the pension for which she

would have been eligible had there been no qualifying period.

(2) For the purpose of computing the amount of gratuity under sub-

section (1) above:

(a) the reference to two-thirds of her highest pensionable

emoluments shall have effect as if the reference were a

reference to one-fifth of her annual pensionable emolu-

ments;

(b) the annual amount of that pension shall not exceed one-

fifth of her annual pensionable emoluments.

Manner of Computing Pensions

46.-(1) For the purpose of computing the amount of an officer’s pension

the following periods shall be taken into account as pensionable service:-

(a) any periods during which he has been on duty;

(b) any periods during which an officer has been absent from

duty on leave with full pay.

(2)The periods during which an officer has been absent on leave on

half-pay shall, for the purposes of this Part, be counted at the rate of one

day for every two days of such period.

Pensionable

service.

Gratuity for

female officer.

Belmopan City CouncilCAP. 86]

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(3)Any period during which he has been absent on leave, other than

those specified above, shall be deducted from the officer’s total service in

order to arrive at his period of pensionable service.

47. For the purpose of computing the amount of an officer’s pension:-

(a) in the case of an officer who has held one office for a pe-

riod of three years immediately preceding the date of his

retirement, the full pensionable emoluments payable to him

at that date in respect of that office shall be taken;

(b) in the case of an officer who at any time during such period

of three years has been transferred from one office to an-

other, but whose pensionable emoluments have not been

changed by reason of such transfer or transfers, the full

pensionable emoluments payable to him at the date of his

retirement in respect of the office held by him shall be taken,

(c) in other cases, the average of the full pensionable emolu-

ments payable in respect of each of the offices substan-

tively held by the officer during his tenure thereof within

such period of three years shall be taken:

Provided that if such average is less than the full pensionable emolu-

ments which were payable to him at the date of the first transfer within

such period of three years, the Council may grant him a pension calculated

upon the full pensionable emoluments payable to him at that date.

48.-(1) The Council may make Regulations to govern the administration

of pensions and gratuities payable to its officers and employees under

this Part.

(2)Regulations made by the Council under subsection (1) above shall

be subject to negative resolution.

Pensions Regula-

tions.

Computation of

pensions, etc., on

what emolument

to be based.

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PART X

Legal and General

49.-(1) The Council may from time to time make By-laws on all matters

connected with the rule and good order of the City of Belmopan and for

the proper carrying out of the objects and purposes of this Act.

(2) Without prejudice to the generality of subsection (1) above, such

By-laws may provide for all or any of the following, namely: -

(a) for the establishment, control and use of public lavatories

and latrines;

(b) for the licencing of horses, mules, carts, drays and handcarts

kept or used in or within the City limits and the imposition

of rents and fees in respect thereof;

(c) for the establishment, regulation, control, maintenance, and

management of markets, slaughter-houses, bath-houses, and

wash-houses, and the imposition of rents and fees payable

by persons using or benefited by such markets, slaughter-

houses, bath-houses, wash-houses, meat or other stalls

therein;

(d) for regulating the lighting of places, streets, markets and other

buildings under the control of the Council, and the naming

and numbering of any houses, lots, places and streets in the

City;

(e) for prohibiting, except in the case of wild animals which may

be shot in the bush, the killing or slaughtering of any animal

the flesh of which is intended for human food in any place

within, or within one mile beyond the limits of, the City of

General powers

of Council to

make By-laws.

Belmopan City CouncilCAP. 86]

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Belmopan, other than in the slaughter-house;

(f) for prohibiting the exposing or exhibition for sale of the

flesh of any animal, other than a wild animal shot in the

bush, in any place within, or within one mile beyond, the

limits of the City of Belmopan, other than in the market or

such other place or places as the Council may appoint;

(g) for the regulation of parks, gardens, public recreation

grounds, bridges, streets, canals and public drains, includ-

ing the imposition of fees for the use thereof;

(h) for the service of notices, orders, and other documents

required or authorised to be served by or on the Council

under this Act or any Regulations made thereunder; and

(i) generally for all matters connected with the rule and good

government of the City of Belmopan and the proper carry-

ing out of the objects and purposes of this Act.

(3) All By-laws made by the Council under this section shall be laid

before the House of Representatives through the Minister after the making

thereof and shall be subject to negative resolution by that House.

50.-(1) Where any By-laws made by the Council under this Act prescribes

any fees, fines, penalties and forfeitures, such by-laws shall be subject to

affirmative resolution by the House of Representatives.

(2) All licences, fees, fines, penalties and forfeitures imposed by this

Act or any By-laws made hereunder shall be recoverable under the Sum-

mary Jurisdiction Acts.

51. All documents and notices whatever purporting to be issued or

written by or under the direction of the Council and purporting to be signed

By-laws prescrib-

ing fees.

CAP. 98.

CAP. 99.

Admissibility in

evidence of

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by the Mayor or City Administrator shall be deemed to be issued or written

by or under the direction of the Council without proof unless the contrary

be shown.

52. In any prosecutions or other legal proceeding under this Act or any

By-laws made thereunder instituted by, against or under the direction of the

Council, no proof shall be required:-

(a) of the persons constituting the Council, or the extent of

the City of Belmopan; or

(b) of any order to prosecute or of the particular or general

appointment of any officer of the Council; or

(c) of the authority of the Mayor, City Administrator or other

officer of the Council to prosecute; or

(d) of the election of the Mayor of the Council; or

(e) of the presence of a quorum of the Council at the making of

any order or the doing of any act,

until evidence is given to the contrary.

53. Where any land is required for public purposes by the Council,

such land shall for all purposes be taken to be land required by the Minister

for public purposes, and may be acquired in the manner prescribed by the

Land Acquisition (Public Purposes) Act.

54.-(1) Whenever under this Act any works of any kind are required to be

executed or carried out, on any private land, property or premises, the

expenses incurred by the Council in respect thereof shall be a debt due to

the Council by the owner for the time being of the premises.

Land, how

acquired.

Council may

cause work to be

executed in case

of default.

documents

signed by

Mayor or City

Administrator.

Proof of legal

proceedings.

CAP. 184.

Belmopan City CouncilCAP. 86]

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(2) The amount of the expenses so incurred by the Council shall bear

interest at the rate of seven per centum per annum from the date of comple-

tion of the work executed or carried out by the Council until payment in

full be made to the Council.

(3) Subject to this Act, the amount of the expenses so incurred with

the interest thereon and mortgagees’ costs shall be a first charge on the

property in respect of which the work was executed or carried out by the

Council and shall be prior and preferential to all existing or future charges

or encumbrances except those in favour of the Government and the Coun-

cil shall have the like rights and remedies as if the payment of such ex-

penses, interest and costs had been secured by a legal mortgage of a fee

simple in favour of the Council.

(4) The Council shall not obtain any charge under this section unless a

memorandum giving particulars of the charge is executed by the Council

and recorded at the General Registry within two months from completion

of the work executed or carried out by the Council or within such further

time as the Chief Justice may allow under the General Registry Act.

(5) The Chief Justice may make Rules prescribing the form of memo-

randum referred to in subsection (4) above.

(6) A memorandum required by this section shall be recorded without

the payment of any recording fee and shall be exempt from stamp duty.

55.-(1) No matter or thing done and no contract entered into by the Council

and no matter or thing done by any member, officer or employee of the

Council shall, if the matter or thing were done or the contract were en-

tered into bona fide for the purpose of executing this Act, subject them or

any of them personally to any action, liability, claim, or demand, whatso-

ever.

Members of

Council not liable.

CAP. 327.

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(2) Any expense incurred by the Council, or by any such member, of-

ficer or employee shall be borne and repaid out of the Belmopan City Fund.

56. Every person who obstructs or impedes or insults or molests or

attempts to obstruct or impede or insult or molest any member of the Council,

or the City Administrator or other officer or employee of the Council law-

fully authorised as such by this Act in the discharge of his duties or in his

official capacity or in the exercise of his powers either under this or any

other Act or any Regulations or By-laws is guilty of an offence and is liable

on summary conviction to a fine not exceeding two thousand dollars.

57. All expenses incurred or payable by the Council pursuant to this

Act or any Regulations made thereunder shall be paid out of the Belmopan

City Fund and all disbursements therefrom shall be in accordance with

Accounting Regulations which may be made by the Council from time to

time.

58. Without prejudice to any other law which vests any powers in the

Council, the Council shall have and enjoy such additional powers and func-

tions as are or may hereafter be specified in the following Acts:-

(a) Public Roads Act;

(b) Trade Licensing Act;

(c) Intoxicating Liquor Licensing Act;

(d) Motor Vehicles and Road Traffic Act; and

(e) Towns Property Act.

59. An offence under this Act or any Regulations made thereunder may

be commenced within one year after the commission of the offence, or within

one year after the Council becomes aware of the offence, whichever is the

Expenses of the

Council; how

met.

Additional

powers and

functions of the

Council.

CAP. 232.

CAP. 66.

CAP. 150.

CAP. 230.

CAP. 65.

Recovery of

penalties.

Protection of

Council

officials.

Belmopan City CouncilCAP. 86]

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later.

60.-(1) The Council may make Regulations for the better carrying out of

the objects and purposes of this Act, and without prejudice to the gener-

ality of the foregoing, such Regulations may provide for:-

(a) the power of the Council to direct, through a notice

published in the Gazette, that any lots or land within the

City of Belmopan other than National Land be filled up

by the owner or occupier thereof to the prescribed level,

and the procedure to follow during the filling up of the

land;

(b) the power of the Council to recover costs, and the manner

and method of the recovery of such costs (including the

sale of land and buildings) incurred by the Council under

this Act through doing or causing any work to be done on

the property of any person in the City of Belmopan where

such person has refused, neglected, defaulted or failed to

execute such work himself after due and reasonable notice

has been served on him by the Council;

(c) the authority of the Council to enter upon any land in the

City of Belmopan at all reasonable hours for the purpose

of carrying out powers and duties conferred or imposed

upon it by this Act;

(d) the discretionary powers of the Council in dealing with in-

digent or poor property owners in the City of Belmopan;

(e) street improvement and any matters related thereto;

Regulations.

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(f) the erection of fences between adjacent lots and messages;

(g) the prohibition of unauthorised encroachments on river banks,

and the banks of drains, canals, and creeks in the City of

Belmopan;

(h) the regulation of any bridges in the City of Belmopan, in-

cluding the imposition of fees, fines and penalties in respect

of the use of same;

(i) the landing, storage and removal of inflammable liquids in

the City of Belmopan; and

(j) any other matter not specifically included in the paragraphs

above which may properly be dealt with by way of Regula-

tions.

(2) Regulations made by the Council under this section shall be subject

to negative resolution by the House of Representatives.

PART XI

Repeals, Savings and Transitional Provisions

61.-(1) In this section “transition period” means the period commencing

with the date on which a new Council is elected to office following the

March, 2000 general elections and expiring on the 1st day of April, 2000.

(2) Upon the expiration of the transition period, the Reconstruction

and Development Corporation shall pay the gratuities and other terminal

benefits to all the officers and employees employed by it in the discharge of

its municipal and development functions in respect of the City of Belmopan

pursuant to the provisions of the Belmopan (New Capital) Interim Provi-

Status of officers

and employees

employed by

Recondev.

CAP. 257.

R. E. 1980-1990.

Belmopan City CouncilCAP. 86]

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sions Act.

62.-(1) The Minister responsible for Finance may, by Order published in

the Gazette, transfer by lease or otherwise to the Council, under such

terms and conditions as the said Minister may deem fit, any property be-

longing to the Government which appears to him to be necessary or useful

to the Council for carrying out its functions under this Act, and such prop-

erty shall vest in the Council by virtue of the said Order and without fur-

ther assurance.

(2) An Order made under subsection (1) above:-

(a) may contain such incidental, consequential or supplemen-

tary provisions as the said Minister thinks necessary or

expedient for the purpose of the Order;

(b) shall be subject to negative resolution by the House of

Representatives.

63.-(1) Upon the commencement of this Act, the Belmopan (New Capi-

tal) Interim Provisions Act, shall stand repealed.

(2) All Regulations, By-laws, Rules, Orders and other subsidiary leg-

islation made under the repealed Act shall continue in force after the com-

mencement of this Act, until repealed by Regulations, By-laws, Rules, Or-

ders and other subsidiary legislation made hereunder.

64. This Act shall come into force on a day to be appointed by the

Minister by Order published in the Gazette.

Repeals and

savings.

CAP. 257.

R. E. 1980-1990.

Commencement.

Transfers of

property.
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