DIVISION 1
GENERAL POWERS
Municipality is corporation
250(1) A municipality is a corporation and, subject to this Act, has the rights and is subject to the liabilities of a corporation and may exercise its powers for municipal purposes.
General powers
250(2) Without limiting the generality of subsection (1), a municipality may for municipal purposes do the following:
(a) acquire, hold, mortgage and dispose of land, improvements and personal property, or an interest in land, improvements and personal property;
(b) construct, operate, repair, improve and maintain works and improvements;
(c) acquire, establish, maintain and operate services, facilities and utilities;
(d) enter into agreements with a person, with an agency of the Government of Manitoba or the Government of Canada, or with another municipality, including a municipality in another province, to do with or on behalf of the municipality anything the municipality has the power to do within the municipality;
(e) use municipal equipment, materials and labour to carry out private works on private property.
Power to acquire property
251(1) The power of a municipality referred to in clause 250(2)(a) to acquire land, improvements and personal property includes
(a) acquisition by purchase, lease, gift or otherwise, on any terms or conditions acceptable to the council;
(b) acquisition for any purpose, including resale;
(c) acquisition of options on land; and
(d) acquisition of land and improvements outside the municipality.
Exercising power to mortgage
251(2) The power of a municipality referred to in clause 250(2)(a) to mortgage land includes
(a) subject to section 176 (approval of Municipal Board), mortgaging land as security for part of the purchase price or for any other purpose; and
(b) accepting and registering a mortgage on land sold by it as security for the whole or part of the purchase price.
Powers respecting works, services, utilities
252(1) A municipality exercising powers in the nature of those referred to in clauses 250(2)(b), (c) and (e) may set terms and conditions in respect of users, including
(a) setting the rates or amounts of deposits, fees and other charges, and charging and collecting them;
(b) providing for a right of entry onto private property to determine compliance with other terms and conditions, to determine the amount of deposits, fees or other charges, or to disconnect a service; and
(c) discontinuing or disconnecting a service and refusing to provide the service to users who fail to comply with the terms and conditions.
Collection of fees
252(2) A charge referred to in clause (1)(a) may be collected by the municipality in the same manner as a tax may be collected or enforced under this Act.
Power to enter agreements and use funds
253 No municipality has the power to enter into an agreement or to use its funds in a manner that is contrary to this or any other Act or a by-law of the municipality.
Expropriation for municipal purpose
254(1) A municipality may, by expropriation in accordance with The Expropriation Act, acquire land and improvements that the council considers necessary or advisable to acquire for a municipal purpose.
Authority to enter upon land
254(2) A council may, for the purpose of determining whether to expropriate, authorize an employee or other person to enter upon land to conduct surveys, appraisals and tests, and a person so authorized may enter upon the land for that purpose.
Land acquired in other municipality
255 Where a municipality acquires land in another municipality, the land remains in all respects subject to the jurisdiction of the municipality in which the land is situated unless
(a) the municipalities otherwise agree; or
(b) where the land is acquired by expropriation, The Municipal Board otherwise orders under subsection 8(4) of The Expropriation Act.
Maintenance of municipal cemeteries
256 A municipality that operates a cemetery must keep the money received from the sale of plots in a separate account and use the money only for the maintenance of the cemetery.
Municipality may not assert lack of authority
257 A municipality may not assert any of the following in respect of its dealings with a person, unless the person has or ought to have knowledge to the contrary:
(a) that the municipality did not follow its own procedures;
(b) that a person held out by the municipality as having the authority to carry out certain powers or duties was not authorized to carry them out;
(c) that a document that is issued by an employee who has the authority to issue it is not valid or genuine.
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