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Law institution municipality Lelystad

Original Language Title: Wet instelling gemeente Lelystad

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Law of 5 July 1979, establishing a municipality of Lelystad and further fixing the border of the municipality of Dronten

We Juliana, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we have taken the view that it is desirable to establish a municipality of Lelystad while at the same time setting the border of the municipality of Dronten further;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:

Chapter I. Establishment of a municipality and border article

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Article 1

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Set to become a municipality, called Lelystad.


Article 2

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  • 1 The area of the municipality of Lelystad is determined as follows:

    starting in the south-eastern corner of the plot, cadastral known municipality of Eastern Flevoland, section L, number 208, the border town of Lelystad follows a line which, on the one hand, is bounded by the parcels, cadastral known municipality Eastern Flevoland, section L, numbers 283, 243, 515, 223, southern Flevoland, section D, number 4, eastern Flevoland section L, number 482, southern Flevoland municipality, section D, numbers 27, 14, 24, 12, 22, 8, 20, section W, numbers 57, 56, 54, Markerwaard municipality, Section V, numbers 14, 13 and 6, as well as the uncalcated Ijsselmeer and, on the other hand, by the parcels, cadastral known municipality of Eastern Flevoland, Section L, numbers 208, 207, 194, 426, 242, 399, 225, 224, 514, 483, section Z, number 168, Southern Flevoland, Section D, numbers 15, 26, again 15, 25, 23, 21, 19, section W, number 55, eastern Flevoland municipality, section L, number 513, section H, numbers 389, 390, Markerwaard municipality, section V, number 7, eastern Flevoland municipality, section H, number 382, to the southeast corner of the latter mentioned. lot. Hence, the border follows the border of the municipality of Dronten as it comes after application of the second member, to the point of exit.

  • 2 The border of the municipality of Dronten shall be determined in accordance with the provisions of this municipality which shall be limited to the area defined by the following line:

    starting in the most northerly corner of the plot, cadastral known municipality of Eastern Flevoland, Section I, number 198, follows the boundary delimited on the one hand, bounded by the parcels, cadabeam known municipality of Eastern Flevoland, Section I, Numbers 198, 176, 177, 179, 182, 185, 343, 118, 282, 304, 130, 132, 338, 250, 341, section L, numbers 372, 172, 173, 174, 79, 293, 308, 517 and 519 and, on the other hand, parcels, cadaradius known municipality of Eastern Flevoland, Section I, numbers 196, 236, -237, 234, 235, 174, 173, 172, 162, 184, 342, 339, 340, section L, numbers 208, 283, 292, 291, 294, 300, 528, Section L, number 519, to the south-west corner of the plot, and the south-west corner of the plot. Hence follows the border, first in general north-eastern and then in general north-north-western direction the existing border between the public body "Southern IJsselmeerpolders" and the municipalities of Harderwijk, Nunspeet and Dronten, to the point of exit.


Article 3

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The Article 2 To be part of the area of public body 'Southern IJsselmeerpolders'.

Chapter II. Higher Authority

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Article 4 [ Expired by 01-01-1986]

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Chapter III. Law-force rules and powers of exercise

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Article 5

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  • 1 The day preceding that of the entry into force of this Law for the Second paragraph of Article 2 'Southern IJsselmeerpolders' shall be deemed to have been determined by the competent authority of the municipality of Dronten, by the competent authority of the municipality of Dronten; they retain their jurisdiction Legal force to the extent that this authority does not otherwise determine.

  • 2 The powers conferred upon the Landdrost by the provisions referred to in paragraph 1 shall be exercised by the institution entrusted with the exercise of legislation in a Member State under legal provisions.

  • The powers conferred on officials of the public body 'Southern IJsselmeerpolders' by the rules referred to in paragraph 1 shall be exercised by the corresponding officials of the municipality of Lelystad. Drunk.


Article 6

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The on the day preceding that of the entry into force of this Act for the the first or second paragraph of Article 2 defined area under Article 11 of the Public Body Act "Southern IJsselmeerpolders", the plans for the settlement of land use and the land use of land are to be considered as a result of the Law On Spatial Planning set and approved destination plans. They retain their legal force as long as the competent authority does not otherwise determine.


Article 7

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  • 1 Without prejudice to the provisions of Article 302 of the Municipal Act shall be empowered to levy and recover existing local taxes in the Second paragraph of Article 2 the territory defined for a tax year caught by the organs and officials of the city of Lelystad, under Dronten, prior to the date of entry into force of this Act.

  • 2 The provisions of paragraph 1 shall not apply in cases where the power to levy taxes has already been exercised before the entry into force of that law by the organs of the public body "Southern IJsselmeerpolders" but the amounts due have not yet been paid, collected or recovered.

Chapter IV. Transition rights and obligations

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Article 8

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  • 1 Without prejudice to the provisions of Article 9 go on the day of entry into force of this Act all rights and obligations of the public body "Southern IJsselmeerpolders", relating exclusively to the in Second paragraph of Article 2 the area defined, on the part of Dronten, on the municipality of Lelystad, without any further provisions being applied for that.

  • 2 With regard to the other rights and obligations of the public body "Confederate IJsselmeerpolders", Our Minister of the Interior, the administrations concerned may be heard and without any further deed being applied for that purpose, Partially or partially transferred to the municipality of Lelystad.

  • 3 Legal proceedings and legal proceedings relating to the rights and obligations of Dronten to the Municipality of Lelystad pursuant to the preceding paragraphs shall continue as from the date of entry into force of this Act by Or against the municipality of Lelystad, among them Dronten. In the case of the proceedings, it is the Articles 254-262 of the Code of Civil Procedure applicable mutatis mutandis.

  • 4 As regards the immovable property included in the first and second paragraphs, change in the name of the register in the cadastral semi-trailers will take place. Our Minister of Home Affairs shall make the necessary task to that end to the respective mortgage depositary.


Article 9

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The benefits provided by the State on the periods of service, years of service or benefit of the period prior to the date of entry into force of this Act, in respect of the periods of employment Article 2 The area defined shall be effected by the public body 'Southern IJsselmeerpolders'.


Article 10

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If in relation to the provisions of the Article 7, second paragraph , Article 8, first and second paragraphs , and Article 9 Our Minister of the Interior, the authorities concerned shall be heard, the amount and, where necessary, the means of payment thereof, shall be charged to the settlement.


Article 11

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Against a decision of our Minister of the Interior as intended by Article 8, second paragraph , or Article 10 for each administration concerned, within one month, to count on the date of dispatch of the decision, an appeal shall be open to us.


Article 12

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  • 1 The budget of the income and expenditure of the municipality of Lelystad for the year of service at the time of entry into force of this Act shall be fixed within three months of that date.

  • 2 For the period during which no budget has been established for the City of Lelystad, the mayor and the mayor of the municipality shall have the power to do the expenditure deemed necessary by them, provided that our Minister for the Interior has declared that there was no objection to that effect.


Article 13

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  • 1 We refer to the nomination of Our Ministers of the Interior, of Transport and of the State and of Finance, of the Council of the Municipality of Lelystad, on the basis of Dronten, to the State-owned property, to the property, management and maintenance of these municipalities proceed, and determine the conditions and timing of transition.

Chapter V. Provisions relating to elections

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Article 14

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  • 1 The applicant's position and the possible vote for the first election of the members of the Council of the Member States of Lelystad shall be held by our Minister of the Interior for days to be determined; the vote shall take place on the understanding that the vote is to be taken. not later than four months from the date of entry into force of this Chapter.

  • 2 Before the election referred to in paragraph 1, our Minister of Internal Affairs may decide to make a derogation from the Article G 3 of the Kieswet time limits for the registration of names and indications of political groups.

  • 3 The Board to choose under this article will be made up of it by Our Minister of Internal Affairs with corresponding application of Article 5 of the Municipal Act number of members to be determined.

  • 4 If the electoral register for the first election of the Council is to be regarded as the part of the electoral register of the public body 'Southern IJsselmeerpolders', referring to those who are on the date of the candidate's election have a place of residence in the First paragraph of Article 2 defined area.


Article 15

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For the application of Article 21 of the Municipal Act in respect of membership of the Article 14 'Council' means residents shall be defined as having their real place of residence in the territory of the First paragraph of Article 2 defined area.


Article 16

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Dividing into voting districts and naming the members and deputy members of the main polling station and of polling stations for the in-person. Article 14 The election shall take place before a day to be determined by Our Minister of the Interior by the Landdrost of the public body 'Southern IJsselmeerpolders'.


Article 17

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Where applicable, in respect of the Article 14 must be granted by the Council, by the Council, by the Mayor and by aldermen, or by the Mayor, by the Member States, or by our Commissioner in the province, by the Council, by the Landdrest of the public body "Southern IJsselmeerpolders", by the Member States of Gelderland or our Commissioner in that province.


Article 18

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Verification of the credentials of the corresponding Article 14 Elected members shall be made before a day to be determined by Our Minister of the Interior by the Advisory Council on the assistance of the Landdrost of the public body 'Southern IJsselmeerpolders' for the 'Lelystad' area.


Article 19

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  • 1 The first meeting of the corresponding Article 14 The Council shall be elected on the first working day following the date of the establishment of the municipality. In this meeting the aldermen are appointed.

  • 2 The ordinary term of office of the members of the Board referred to in paragraph 1 and the weighers appointed by that board shall end on the first Tuesday of September 1982.

Chapter VI. Legal status of officials and other personnel

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Article 20

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On the date of entry into force of this law, the staff shall be responsible for the staff in the First paragraph of Article 2 defined area of public schools, on the service of the municipality of Lelystad, on the same footing as and also in the same state of law as in which it was active on the day preceding that date.


Article 21

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  • 1 The Landdrost of the public body "Southern IJsselmeerpolders" shall determine in good time, the persons concerned shall be heard and in accordance with the daily advisory board or, in so far as the officials normally appointed by the Board are concerned, the 'Lelystad' Advisory Council, which will transfer to the municipality of Lelystad, the other civil servants employed by the public body, including those employed by civil law. From the date of entry into force of this law, these officials shall be deemed to be in the same grade, with the same remuneration and also on the same footing, in the municipality of Lelystad.

  • In cases where the Advisory Council does not reach agreement between the Landdrost and the daily advisory board, our Minister of the Interior shall decide.


Article 22

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The officials affected by the application of Article 21 At the service of the municipality of Lelystad, accept their activities on the day of entry into force of this Act. Members or promises made in connection with their duties shall be deemed to be related to such service.


Article 23

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If the competent authority decides to amend or replace the rules governing the legal status of the municipal staff, the remuneration or competition of the staff member shall be taken into account. Article 21 Officials as referred to above shall be taken into account at least the service period and the remuneration or competition arrangements applicable to or in respect of the public body 'Southern Ijsselmeerpolders' on the day preceding the date of entry into force of this Act, had applied for the calculation of their remuneration or would have been wedde to them.


Article 24

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From the in Article 21 Civil servants shall appoint the 'Landdrest' of the public body 'Southern IJsselmeerpolders' as from the date of entry into force of this Law, a temporary secretary and a member of temporary staff responsible for the task of a recipient of the City of Lelystad. These appointments shall be deemed to have been made by the Board of Lelystad and shall apply until the day on which the Board is in accordance with the municipal law A final provision has been made.

Chapter VII. Special provisions relating to police care

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Article 25

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  • 1 Until the public body "Southern IJsselmeerpolders", pursuant to Article 2 (4) of the Police Act, has its own corps of municipal police, the police task in the area of public body shall be exercised by the City police of Lelystad.

  • 2 The Mayor of Lelystad and the Landdrost of the public body shall continue to inform each other of all that is or will be carried out by the Lelystad Municipal Police for the execution of the person referred to in the first paragraph.

  • 3 The Mayor of Lelystad exercises his powers in respect of the police department, in so far as this affects the conduct of the police task in the area of the public body, in accordance with the Landdrost.

Chapter VIII. Provisions relating to the application of certain laws

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Article 26

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Those who, on the day preceding the date of entry into force of this Act, are enrolled as apprentices from a public lower secondary nursery school, established in the area of public body 'Southern IJsselmeerpolders' or that of the The municipality of Dronten shall be admitted to that school on the same terms and conditions as they had previously applied to.


Article 27

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  • 1 If the date of entry into force of this Act comes into force on or after 1 March, the Schools shall be located in the new municipality of Lelystad if the amount referred to in Article 55 Bis , first paragraph, of the Lager Education Act 1920, for the year of entry into force the amount fixed by the Landdrest of the public body 'Southern IJsselmeerpolders' pursuant to that article for that year or under the second paragraph be deemed to have been determined. If the date of entry into force is before 1 March, the amount fixed by the new municipality of Lelystad shall apply for the year of entry into force.

  • 2 To the extent that on the date of entry into force of this Act the adoption of the legislation referred to in Article 55 For , first member, of the Lager Education Act 1920, for the public primary schools and those, referred to in Article 47, first paragraph, der Kindergartens, for the public kindergartens, established in the Article 2 of this Law, before the calendar year preceding that date has not yet taken place, is effected by the Landdrest of the public body 'Southern IJsselmeerpolders'.

  • 3 To the extent that on the date of entry into force of this Act the fees provided for in Articles 101 and 101 Bis of the Lager Education Act, 1920, under Article 73 of the Nursery Education Law, on the boards of the special junior secondary schools, established in the Article 2 the territory defined in this Act, on the calendar year preceding that date, not yet adopted pursuant to Article 103 (2) of the Lager Education Act, 1920, under Article 75, third paragraph, of the Kindergartntc Education Law, shall be made by the Landdrest of the public body 'Southern IJsselmeerpolders' and on behalf of the public body.

  • 4 For the purposes of applying Article 101 (4) of the Lager Education Act 1920 and Article 73 (3) of the Nursery Education Law, the additional allowance shall be paid for the five-year period under review at the date of entry into force of this Law. it in Article 2 Defined area special schools determined from the sum of overpayments per pupil per local and per pupil, calculated on the calendar years preceding the year in which the date of the This law is subject to the entry into force of this Act and, on the other hand, the amount of overpayments per pupil per local and per pupil in respect of the other years of that period. The resulting expenditure, relating to the calendar years preceding the date of entry into force of this Act, shall be borne by the public body 'Southern IJsselmeerpolders'.

  • 5 If the date of entry into force of this Act falls before 1 March, the new City of Lelystad shall, for the year of entry into force, set the number of weekly hours referred to in Article 101. Bis , first member, der Lager-Education Act 1920. If this Act enters into force on or after the said date, the figures already established shall remain in force and the fixing of remuneration for the remuneration of specialist teachers shall be determined on the basis of the provisions of this Article. applied on the same basis as before.


Article 28

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  • 1 On the date of entry into force of this Act, all records of the public body 'Southern IJsselmeerpolders' shall apply solely to the entry into force of the Act. Second paragraph of Article 2 defined area, transfer to the municipality of Lelystad or Dronten, it being understood that the shipment is intended to be used in the territory of the Article 12 of the Archives Act 1995 ( Stb. 276) shall be carried out if the transfer had not taken place. A statement of the transition shall be made in accordance with the provisions of the Article 9 of the law on estrangement of archivedocuments laid down.

  • 2 The boards of the municipalities of Lelystad and Dronten have the right to inspect the archives of the public body of 'Southern IJsselmeerpolders' and their costs, free of charge, from the date mentioned in the first paragraph. (b) copies of or extracts from that archive document, in so far as they relate to the entry in the Second paragraph of Article 2 defined area.


Article 29

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  • 1 The provisions of the first paragraph of Article 28 shall apply mutatis mutandis to the persons and residences belonging to the public body 'Southern IJsselmeerpolders' which relate to the persons and dwellings which are on the date of the population register of the public body. of entry into force of this Law in the Second paragraph of Article 2 established area or are situated.

  • 2 The Landdrest of the public body "Southern IJsselmeerpolders" shall have the right to have access free of charge, free of charge, of the persons referred to in that paragraph at any time and at the expense of costs, from the date mentioned in paragraph 1. (i) order the public body to recover copies thereof or extracts thereof.


Article 30

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Costs of assistance referred to in Articles 16, 17 and 18 of the General Assistance Act for persons residing or having been resident in the Convention on or before the date of entry into force of this Act. Second paragraph of Article 2 The area defined shall be borne by the municipality of Lelystad, respectively, from the date of the said date.


Article 31

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With regard to matters, conscription, including mobilization benefits, as well as the emergency waiting for, the regulations, by or on behalf of our Minister of Defence, shall be subject to the rules of the Home Affairs the transfer, mutatis mutandis, with regard to the transfer of persons from the public body 'Southern IJsselmeerpolders' to the city of Lelystad, Dronten under this law.


Article 32

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Within a period to be determined by Us, the Article 27 of the Wegenwet The said semi-trailers have been subject to change in the same way


Article 33

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If, before the date of entry into force of this Act, a notary and/or a bailier have been appointed to place Lelystad (public body "Southern IJsselmeerpolders"), they shall be deemed to be appointed for the place of employment in the municipality of Lelystad.


Article 34

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Article 35

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Article 36

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The municipalities of Lelystad and Dronten and the public body "Southern IJsselmeerpolders" for the Certifying service of Contribute on the contribution accrued on the date of the entry into force of this Act and the subsequent service year By way of derogation from the provisions of Article 13, first paragraph, of the Warenwet rules laid down, according to the population of those municipalities, by the public body on the said date.


Article 37

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The decision taken by the Landdrost of the public body 'Southern IJsselmeerpolders' to join, in so far as the area of Eastern Flevoland, to the common rules for the protection of the population in the B-circle Gelderland a becomes in relation to the in Second paragraph of Article 2 Defined territory as from the date of entry into force of this Act, which was deemed to have been taken by the Mayor of Lelystad.

Chapter IX. Final provisions

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Article 38

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Disputes concerning the application of this law, the decision of which is not directed to others, shall be decided by us.


Article 39

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This Act enters into force with effect from a day to be determined by Us, except Chapter V and the Articles 21 and 24 , which enter into force on the second day after the date of issuance of the State Sheet where this law is placed.

Burdens and orders, which are in the State Sheet All ministerial departments, authorities, colleges and civil servants, with whom this is concerned, will keep their hands on the precise implementation.

Issued at Paleize Soestdijk, 5 July 1979

Juliana

The Minister of the Interior,

H. Wiegel

Published on the 19th July 1979

The Minister of Justice, a.i.,

H. Wiegel