sec.116Duties of primary thoroughfare body corporate

sec.116 Duties of primary thoroughfare body corporate

The primary thoroughfare body corporate shall— control, manage and administer the primary thoroughfare for the benefit of its members; and properly maintain and keep in a state of good and serviceable repair— the primary thoroughfare, including any improvements thereon; and any personal property vested in it; and effect insurance in accordance with section 120 ; and cause proper records to be kept of notices given to the primary thoroughfare body corporate under this or any other Act and of any orders made by a court and served on the primary thoroughfare body corporate; and keep— for at least 10 years after their creation or receipt by or for the primary thoroughfare body corporate— minutes of its meetings, including particulars of motions passed at the meetings; and proper books of account for amounts received or paid by the primary thoroughfare body corporate showing the items for which the amounts were received or paid; and for at least 2 years after their creation or receipt by or for the primary thoroughfare body corporate— voting tally sheets or other records showing votes for motions and election ballots related to its meetings; and cause to be prepared, from the books mentioned in paragraph (e) , a proper statement of accounts of the primary thoroughfare body corporate in relation to each period— starting on the date of its incorporation or the day immediately after the date up to which the last statement was prepared; and ending on the last day of the month that is 3 months before the start of the month in which the anniversary of the first annual general meeting happens; and cause an annual general meeting of the primary thoroughfare body corporate to be held each year on or after the anniversary of the first annual general meeting but not later than 2 months after the anniversary; and not later than 14 days after its incorporation and from time to time thereafter, determine the amounts necessary in its opinion to be raised by way of contributions for the purpose of meeting its actual or expected liabilities incurred or to be incurred under paragraph (b) or for the payment of insurance premiums, rates or any other liability of the primary thoroughfare body corporate, other than amounts referred to in paragraph (l) ; and upon first determining the amounts referred to in paragraph (h) , establish a fund into which shall be paid all amounts received by it, including the proceeds of the sale or other disposal of any personal property of the primary thoroughfare body corporate and any fees received by it under section 119 and into which may be paid any amounts paid to the primary thoroughfare body corporate by way of discharge of insurance claims; and from time to time, levy, in accordance with section 109 , on each person liable therefor a contribution to raise the amounts referred to in paragraph (h) ; and pay any moneys referred to in paragraph (i) that are received by it and are not otherwise invested in accordance with section 113 (a) into an account established in a financial institution in the name of the primary thoroughfare body corporate; and if the primary thoroughfare body corporate— becomes liable to pay any moneys that it is unable to pay forthwith; and is not required under paragraph (j) , to levy contributions to meet the liability; levy, in accordance with section 109 , contributions to raise those moneys; and implement the decisions of the primary thoroughfare body corporate. The primary thoroughfare body corporate from time to time may in respect of contributions determined in accordance with subsection (1) (h) or contributions referred to in subsection (1) (l) determine by special resolution, for the purposes of section 109 , an amount being not greater than 10% of those contributions. The primary thoroughfare body corporate shall not disburse any moneys from its fund, otherwise than for the purpose of carrying out its powers, authorities, duties and functions under this Act or the primary thoroughfare by-laws or meeting any liability referred to in subsection (1) (l) . A determination made by the primary thoroughfare body corporate under subsection (1) (h) may specify that the amounts to be raised shall be raised by such regular periodic contributions as may be specified in the determination. s 116 amd 1993 No. 46 s 32 ; 1997 No. 17 s 74 sch ; 1999 No. 30 s 98 sch 3 ; 2004 No. 53 s 2 sch ; 2009 No. 26 s 22 (sec.116-ssec.1) The primary thoroughfare body corporate shall— control, manage and administer the primary thoroughfare for the benefit of its members; and properly maintain and keep in a state of good and serviceable repair— the primary thoroughfare, including any improvements thereon; and any personal property vested in it; and effect insurance in accordance with section 120 ; and cause proper records to be kept of notices given to the primary thoroughfare body corporate under this or any other Act and of any orders made by a court and served on the primary thoroughfare body corporate; and keep— for at least 10 years after their creation or receipt by or for the primary thoroughfare body corporate— minutes of its meetings, including particulars of motions passed at the meetings; and proper books of account for amounts received or paid by the primary thoroughfare body corporate showing the items for which the amounts were received or paid; and for at least 2 years after their creation or receipt by or for the primary thoroughfare body corporate— voting tally sheets or other records showing votes for motions and election ballots related to its meetings; and cause to be prepared, from the books mentioned in paragraph (e) , a proper statement of accounts of the primary thoroughfare body corporate in relation to each period— starting on the date of its incorporation or the day immediately after the date up to which the last statement was prepared; and ending on the last day of the month that is 3 months before the start of the month in which the anniversary of the first annual general meeting happens; and cause an annual general meeting of the primary thoroughfare body corporate to be held each year on or after the anniversary of the first annual general meeting but not later than 2 months after the anniversary; and not later than 14 days after its incorporation and from time to time thereafter, determine the amounts necessary in its opinion to be raised by way of contributions for the purpose of meeting its actual or expected liabilities incurred or to be incurred under paragraph (b) or for the payment of insurance premiums, rates or any other liability of the primary thoroughfare body corporate, other than amounts referred to in paragraph (l) ; and upon first determining the amounts referred to in paragraph (h) , establish a fund into which shall be paid all amounts received by it, including the proceeds of the sale or other disposal of any personal property of the primary thoroughfare body corporate and any fees received by it under section 119 and into which may be paid any amounts paid to the primary thoroughfare body corporate by way of discharge of insurance claims; and from time to time, levy, in accordance with section 109 , on each person liable therefor a contribution to raise the amounts referred to in paragraph (h) ; and pay any moneys referred to in paragraph (i) that are received by it and are not otherwise invested in accordance with section 113 (a) into an account established in a financial institution in the name of the primary thoroughfare body corporate; and if the primary thoroughfare body corporate— becomes liable to pay any moneys that it is unable to pay forthwith; and is not required under paragraph (j) , to levy contributions to meet the liability; levy, in accordance with section 109 , contributions to raise those moneys; and implement the decisions of the primary thoroughfare body corporate. (sec.116-ssec.2) The primary thoroughfare body corporate from time to time may in respect of contributions determined in accordance with subsection (1) (h) or contributions referred to in subsection (1) (l) determine by special resolution, for the purposes of section 109 , an amount being not greater than 10% of those contributions. (sec.116-ssec.3) The primary thoroughfare body corporate shall not disburse any moneys from its fund, otherwise than for the purpose of carrying out its powers, authorities, duties and functions under this Act or the primary thoroughfare by-laws or meeting any liability referred to in subsection (1) (l) . (sec.116-ssec.4) A determination made by the primary thoroughfare body corporate under subsection (1) (h) may specify that the amounts to be raised shall be raised by such regular periodic contributions as may be specified in the determination.