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III Various exceptional measures for supporting the merger of the municipalities
This chapter makes a rough brief for various measures to support and enhance the merger of municipalities, especially for those stipulated in the law for the merger of the municipalities and those on the [Plan for the support of the merger of the municipalities] planned by several ministries.
| (1) |
The exceptional measures stipulated by the Law concerning Special
measure on the merger of the municipalities (hereinafter referred to as "the Law")
and other laws. |
| i) |
The Consultative Council for municipal merger (The article
(3) of the Law) |
The municipalities which wish to merge is designated to establish the consultative Council for municipal merger in order to draft a plan for constructing new municipality and to discuss other related issues as well as making final decision on the merger. The chairman and members of the council are selected from among members of the local assembly of concerned municipalities, mayors, other officers and literate.
| ii) |
The system of proposition initiated by Residents (The article
(4) and (4-2) of the Law) |
The establishing of consultative council on municipal merger can be requested to a mayor by the number of signature of voter more than one fiftieth. In case that there would be same claim in the all concerned municipalities, all mayors of concerned municipalities have to propose the establishment of consultative council on municipal merger to each city assembly with his/her opinions. The representative of voters who requests to establish the consultative council must be provided a chance to make an opinion in the deliberation of the establishment of consultative council on municipal merger. In case that the city assembly rejects the establishment of consultative council on municipal merger, a referendum on the establishing consultative council on municipal merger can be required by the claim of mayors or the number of signature of voter more than one sixth of all voters. At that referendum, if more than half of all valid votes would approve, it presumes that city assembly would agree to establish consultative council on municipal merger.
| iii) |
The Plan for constructing new municipality (The article (5)
in the Law) |
For the merged municipality to be able to proceed certain deals of hard and soft aspects generally and effectively a plan consisted of projects to be implemented by Prefecture and merged municipality will be made. The merged municipality can modify this plan through a consultation with Governor of the prefecture and resolve of its own city assembly. In addition, the consultative council on municipal merger established by the proposition initiated by Residents has to inform representative of the voters who request to establish the consultative council of the progress in drafting the plan for constructing new municipality within six month after the date of establishment of the council, and to release that progress in public.
| iv) |
The exceptional treatment on requirements for "CITY" title (The article (5-2), (5-3) in the Law and the article (2-2) in supplementary provision) |
If the merger of the municipality will be made before 31 March 2004, requirement for city title is only that the number of population must be more than 30 thousand. Other requirements in ordinary case aren't required.
If the merger of the municipality will be made from 1 April 2004, to 31 March 2005, requirements for city title is that the number of population must be more than 40 thousand. Furthermore other conditions are also required excluding conditions related to population.
In addition, if the new-establish type of the merger, which covers whole existing city area, will be made before 31 March 2005, any necessary condition for city title which isn't be able to be met can be considered to be filled.
| v) |
Local Consultative committee (The article (5-4) in the Law) |
Through consultations among ex-municipalities, Local Consultative committee can be established at each ex-municipality area. These roles are to discuss on the basis of consultation by a mayor of merged municipality and to make opinion on necessary matters.
| vi) |
The exceptional treatment for the number of the members in
city assembly and the tenure of the members (The article (6) and (7) in the Law) |
| (a) |
In case of new-establish type of merger
| ・ |
The exceptional treatment for the number of seats in city assembly
of merged municipality (A election for new city assembly will be conducted) The
number of the seats in city assembly will be doubled as maximum. This treatment
can be applied only for the first tenure. |
| ・ |
The exceptional treatment for the tenure of members of city
assembly of pre-merger municipalities
Members of city assemblies of pre-merger municipalities can be entitled to keep
their seats in merged municipalities for coming 2 years. |
|
| (b) |
In case of incorporate type of merger
| ・ |
The exceptional treatment for the number of seats in city assembly
of merged municipality (A election for increasing the number of seats of city
assembly will be conducted)
This exceptional treatment can be applied during the tenure of the members of
the city assembly elected by a election for increasing the number of seats of
city assembly and next general election on the new city assembly in merged municipality.
[X: a number of seats to be increased]
A: Municipality that takes over neighbouring municipalities
B: Municipality that is taken over by A
X = (Current number of seats of the A's assembly)×(Current population of B) /(Current population of A)
[The tenure of the member of the assembly elected at a election for increasing the number of seats] The rest of the tenure of members
of A's city assembly. |
| ・ |
The exceptional treatment for the tenure of members of city
assembly of incorporated municipalities
Members of a city assembly of city B to be taken over by A can keep their seats
at the city assembly of A until the day that tenure of members of A's city assembly
will be expired. In addition, number of seats increased in the city assembly of
A will be applied until the time that the tenure of members of city assembly of
city of A elected in next general election will be expired. |
|
| vii) |
The exceptional treatment for the pension for the retired members
of city assemblies of concerned municipality for merger (The article (7-2) in
the Law) |
A member of city assemblies of concerned municipalities for merger who could meet a condition for the term of keeping seats (more than 12 years) without municipal merger can be considered to meet above condition even in case of merger.
| viii) |
The exceptional treatment for the tenure of the members of
Agricultural committee (The article (8) in the Law) |
Only certain number of members of Agriculture committee appointed by election can keep their position only within certain terms.
| ix) |
The treatment for status of ordinary staff of municipalities
to merger (The article (9) in the Law) |
The status of ordinary staff of municipality to be merged should be kept even after the merger and they should be treated fairly.
| x) |
The taxation on a different basis on Local Tax (The article
(10) in the Law |
In the Japanese fiscal year that includes the day of the municipal merger and following 5 fiscal years, the merged municipality can choose not to impose tax or to impose tax on a different basis.
The merged municipality whose population is more than 300 thousand after the merger is not designated to be a municipality that can impose business facility tax during 5 years from the date of the municipal merger. But in case that the population of merged municipality would be more than X (definition of X is specified below), this treatment is not applied. (X= 300,000×the population of merged municipality/the population of largest municipality among municipalities which join the merger)
| xi) |
The exceptional treatment on calculating local allocation tax
(The article (11) in the Law) |
In the Japanese fiscal year that includes the day of the municipal merger and following 10 fiscal years, Local Allocation Tax will be calculated on the basis without municipal merger. And after above exceptional treatment, the amount of local allocation tax that the merged municipal could receive will be decreased gradually by the added amount calculated above exceptional treatment for following 5 years.
| xii) |
The exceptional treatment on Local municipality Bond (The article
(12) in the Law) |
| (a) |
In the Japanese fiscal year that includes the day of the municipal
merger and following 10 fiscal years, Municipality Bond can be allocated to 95%
of the total cost of the projects which is included in a plan for constructing
new municipality and of total cost of building a reserve fund that is considered
to be specially essential. A part of debt service (principal and interest) (75%)
can be added to the amount of standard financial demand in local allocation tax.
Projects which can be considered to be able to enjoy above exceptional treatment
are as follows;
| ・ |
Project for constructing public utilities which aims to establish
the feeling of unification quickly and aiming development across the merged municipality
as a whole. |
| ・ |
Building a reserve fund for the purpose of strengthening co-ordination
between regional residents and the purpose of regional promotion by the unit of
ex-municipality. |
|
| (b) |
Exceptional attention will be paid to the allocation of municipality
bond which is allocated to the expense for achieving the purpose of the plan for
construction of new municipality. |
| xiii) |
The exceptional treatment for subsidies by Government of Japan
for restoration of the damage caused by disaster (The article (13) in the Law) |
The ministries take measure to avoid the merged municipality to take disadvantage with regard to financial assistant by the Government of Japan in case of disaster emergency.
| xiv) |
The exceptional treatment for sewerage based on a river catchment
basin (The article (14) in the Law) |
In case that municipalities which are using same sewerage based on a river catchment basin are merged to new municipality, through the consultation between prefecture and concerned municipalities, existing sewerage is considered to be legal sewerage based on a river catchment basin. The Law for the Sewerage is applied to that sewerage.
| xv) |
The exceptional treatment for election district on election
for members of prefecture assembly (The article (15) in the Law) |
Even after the municipal merger, only within a certain terms, the district on election for members of prefecture assembly can be maintained as previous or new district composed of some of ex-municipalities which joins the merger can be made.
| xvi) |
Co-operation by Government of Japan and Prefecture (The article
(16) in the Law) |
| (a) |
Role of Government of Japan
| ・ |
To provide advises and information on prefectural and municipal
merger by their own initiative |
| ・ |
To grant financial assistance to help establishing new merged
municipalities and so forth |
|
| (b) |
Responsibility of Prefecture
| ・ |
To provide advises and information on municipal
merger by the initiative of municipalities |
| ・ |
Necessary co-ordination between municipalities
by request of municipalities |
| ・ |
To implement projects to achieve the purpose of
the plan for constructing new municipalities |
|
| xvii) |
Recommendation of establishing consultative council on municipal
merger (The article (16-2) in the Law) |
In case that the governor of prefecture admit that the municipal merger is essential from the point of public welfare, the governor can recommend to establish the consultative council on municipal merger after the hearing opinion from mayors of concerned municipalities. And that recommendation has to be released in public.
In addition, "Second precept" says that in case that consultative council on municipal merger would not be established even after 1 year from the area was designated to an area where the governor of prefecture would help strongly to merge, the governor should consider to recommend to establish the consultative council on municipal merger.
[Reference] The exceptional treatment for the municipal merger stipulated in the Law concerning the special measure on promoting self-help of sparsely populated area (The Law No.15 in 2000) (This is valid from 1 April 2002 to 31 March 2012)
The exceptional treatment in case of municipal merger (The section (2) of article (33))
In case of municipal merger that including a municipality that has been designated to sparsely populated area, all exceptional treatments are still be applied to ex-municipality that has been designated to sparsely populated area even after merged municipality wouldn't meet necessary condition for being sparsely populated area. In this case, ex-municipality is still considered to be in sparsely populated area in the Law.
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