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(Making and Modifying Merged Municipality Plan)
Article5. A merged municipality plan shall contain;
1. A basic policy
2. A project that a merged municipality and a prefecture that covers it carry out
3. Public facilities to integrate
4. Financial plan of a merged municipality
2. A merged municipality plan shall pursue to promote integrated and effective creation of a merged municipality, to improve welfare of citizens, to establish unity of a merged municipality and to contribute a balanced development of a merged municipality.
3. When a merger council makes or modify a merged municipality plan, a merger council shall consult with a governor of a prefecture that covers a merger related municipalities
4. When a merger council makes or modify a merged municipality plan, a merger council shall announce it to the public and report it to the Minister for public management, home affairs, posts and telecommunications and a governor of a prefecture that covers a merger related municipalities.
5. When a the Minister for public management, home affairs, posts and telecommunications gets merged municipality plan provided by the previous paragraph, the Minister shall report it to the Ministers of the central government.
6. A merger council that is established according to paragraph 18 of article 4 or paragraph 27 of the previous paragraph shall notify the situation of a merged municipality plan and other merger related consultation to the person provided by paragraph 1 of article 4 or paragraph 1 pf the previous paragraph and announce them to the public.
7. A merged municipality may modify a merged municipality plan with resolve of its assembly.
8. In the case of the previous paragraph, a mayor of a merged municipality shall consult it with a governor of its prefecture.
9. If a local council provided by paragraph 1 of article 5-4 is established, a mayor of a merged municipality shall ask the local council's opinion in modifying a merged municipality plan according to paragraph 7.
10. Paragraph 4 and 5 shall be applied to modification provided by paragraph 7.
(Exception of Requirement to be City)
Article5-2. Requirement to be a city about population shall be over 40 thousand in the following merger until Mar. 31 2005;
| 1. |
A merger that is brought about as the result of an establishment
of a city provided by paragraph 1 of article 7 of the local autonomy law. |
| 2. |
An Incorporation of territory of other municipalities to town
and village along with an establishment of a city provided by paragraph 3 of article
8 of the local autonomy law. |
Article5-3. If an establishment of a city provided by by paragraph 1 of article 7 of the local autonomy law is concerned about a merger of municipalities, as long as the merger is realized until Mar. 31 2005, requirement of paragraph 1 of article 8 of the local autonomy law is not required.
(Local Council)
Article5-4. A merged municipality may have a local council according to the previous territory of merger related municipalities. The local council shall discuss an issue according to a request of mayor of a merged municipality and inform its opinion regarding necessary issues to a mayor of a merged municipality
2. Merger related municipalities determine quorum, term, appointment and dismissal of a local council's members, organization and administration.
3. Determination of the issues of paragraph 1 and 2 shall be based on resolves of merger related municipalities and shall be announced to the public.
4. Modification of the issues of paragraph 2 shall be done by an ordinance.
(Exception about Quorum of Assembly)
Article 6. Quorum of members of an assemble of a merged municipality who are selected in the first selection after a merger may be doubled compared to quorum provided by paragraph 1 of article 91 of the local autonomy law. If all members are lost, this exception shall finish.
2. Quorum of members of an assemble of a merged municipality that incorporate another municipality's territory during the residual term of members of a assembly of a incorporated municipality may be determined based on the number of the population (provided by article 254 of the local autonomy law) of the incorporated territory of merger related municipalities that is divided by the population of a incorporated merger related municipality, multiplied by the previous quorum of members of an assembly of a incorporated merger related municipality and added by the previous quorum( hereinafter referred to as "incorporated merger special quorum"). If all the members are lost, except for the case of paragraph 5, this exception shall finish.
3. In the case of the previous paragraph, an election district is determined on incorporated area of merger related municipalities and the quorum of members of an assembly of the election districts is determined on the number provided by the previous paragraph.
4. Necessary provisions of the public election law shall be applied to an election provided by paragraph 2.
5. Incorporated merger special quorum shall be applied to the term of the members of the assembly who are elected at the first election after a merger. IF all the members are lost before the last day of the term, this exception shall finish
6. The provision of paragraph 3 shall be applied to the case of the previous paragraph.
7. Necessary provisions of the public election law shall be applied to an election provided by paragraph 5.
8. Determination of paragraph 1, 2 and 5 shall be based on resolves of merger related municipalities. Merger related municipalities shall announce the determination to the public.
(Exception of Term of Members of Assembly)
Article 7. A member of an assembly of a merger related municipality who is eligible to be elected as a member of a merged municipality may be a member of a merged municipality during the following term. In this case, the number of members of an assembly of a merged municipality at the time of the merger shall be the quorum of the merged municipality despite article 91 of the local autonomy law. If all or part of members are lost, the quorum shall decrease until the number provided by article 91 of the local autonomy law. In the case where quorum is an incorporated merger special quorum provided by paragraph 5, this shall not follow.
| 1. |
Period that merger related municipalities determine until 2
years after a merger (in the case of a newly established merged municipality) |
| 2. |
Residual term of members of assemblies of merger related municipalities
(in the case of a merged municipality that incorporated territory of another municipality) |
2. The previous paragraph shall not be applied to the case provided by paragraph 1 and 2 of the previous article.
3. Paragraph 5,6 and 7 of the previous article shall be applied to the case where a member of an assembly of a merger related municipality who is eligible to be elected as a member of a merged municipality shall be a member of a merged municipality provided by paragraph 1.
4. Paragraph 8 of the previous article shall be applied to determination provided by paragraph 1 and the previous paragraph.
(Exception of Retirement Pension of a member of an assembly)
Article7-2. A person who is a member of an assembly of a merger related municipality (in the case of a merger that involves incorporation of territory of all or part of municipality, of a merger related municipality of which territory is incorporated) at the previous day of a merger and who retires before the day when the tenure of a member of an assembly of merger related municipality finishes without a merger and whose total tenure is under 12 years, if the total period that is an addition of the tenure and the period between the day of the retirement and the day when the tenure of a member of an assembly of merger related municipality finishes without a merger, paragraph 1 of article 161 of the benefit society of local government employee law shall be applied on the condition that the total tenure is over 12 years.
| 2. |
""50/100" of Paragraph 1 of article 161 of the benefit
society of local government employee law shall be applied according to the following
rule;
A person whose total tenure is 8-9 years 33/150
A person whose total tenure is 9-10 years 37/150
A person whose total tenure is 10-11 years 41/150
A person whose total tenure is 11-12 years 45/150 |
(Exception of Tenure of Agriculture Committee Member)
Article 8. A member of an agriculture committee who is selected by election and is eligible to be elected as a member of an agriculture committee of a merged municipality at the time of a merger may be a member of an agriculture committee of a merged municipality during the following period as long as the total number of an agriculture committee of a newly established merged municipality is between 10 to 80 or the total number of an agriculture committee of a merged municipality that incorporates territory of all or part of another municipality is under 40. In the case of exceeding the above numbers, members of an agriculture committee shall determine the ones who shall be the members of an agriculture committee of a merged municipality among themselves.
| 1. |
Period that merger related municipalities determine until 1
years after a merger (in the case of a newly established merged municipality) |
| 2. |
Residual term of members of agriculture committee of merger
related municipalities (in the case of a merged municipality that incorporated
territory of another municipality) |
2. In the case of the previous paragraph, despite article 7 of the agriculture committee law, the number provided by the previous paragraph shall be the quorum of elected members of a merged municipality. If all or part of elected members are vacant, the quorum shall decrease until the number provided by article 7 of the agriculture committee law.
3. In the case where an agriculture committee is placed on each division divided by a merged municipality provided by paragraph 2 of article 3 of the agriculture committee law or each district of metropolitan city of paragraph 1 of article 252-19 of the local autonomy law provided by paragraph 1 of article 35 of the agriculture committee law, paragraph 1 and 2 shall be applied to each agriculture committee except for the case provided by article 34 of the agriculture committee law.
4. Paragraph 8 of article 6 shall be applied to determination provided by paragraph 1.
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