Loading...
HomeMy WebLinkAbout1984-12-17CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO L7 C 3A6 1-7(b) TELEPHONE 623-3379 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF DECEMBER 17th, 1984. FROM: GARNET B. RICKARD, MAYOR SUBJECT: MAYOR'S REPORT NO. 8-84 ETHIOPIAN FAMINE RELIEF FUND - RESOLUTION C-749-84 ---------------------------------------------------------------------------------- RECOMMENDATION: It is respectfully recommended that Committee recommend to Council: 1. That Council Resolution #C-749-84 be rescinded. ---------------------------------------------------------------------------------- BACKGROUND AND COMMENT: I had a request from a Member of Council to check the legality of the following resolution which was passed at the Council Meeting of November 26th, 1984a No. #C-749-84: "That Council authorize a donation in the amount of $500.00 to the Ethiopian Famine Relief Fund; And that the amount be charged to the Town's Unclassified Administration Account". I have had a verbal legal opinion on the legality of this resolution and my attention has been drawn to Sections 112 and 113 of The Municipal Act, R.S.O. 1980, a copy of which is attached hereto. While assistance to the people of Ethiopia may well be considered a worthy cause and in need of support, it appears to me that support should be given on an individual, voluntary basis or through the churches and agencies which are organized for those purposes. Respectfully submitted, GARNET B. RICKARD, C.M. GBR/mr Dec. 11/84 72 Chap. 302 MUNICIPAL Sec. 112 Bonuses 112. Notwithstanding any general or special Act, a prohibited council shall not grant bonuses in aid of any manufacturing business or other industrial or commercial enterprise. R.S.O. 1980, c. 302, s. 112. General 113.—(1) Notwithstanding any special provision in this Act m mer ake or in any other general or special Act related to the making of jgrunts grants or granting of aid by the council of a municipality, the council of every municipality may, subject to section 112, make grants, on such terms and conditions as to security and otherwise as the council may consider expedient, to any person, institution, association, group or body of any kind, including a fund, within or outside the boundaries of the municipality for any purpose that, in the opinion of the council, is in the interests of the municipality. Leans, (2) The power to make a grant includes, guarantees, etc. (a) the power to guarantee a loan and to make a grant by way of loan and to charge interest on the loan; (6) the power to sell or lease land for nominal consideration or to make a grant of land, where the land being sold, leased or granted is owned by the municipality but is no longer required for its purposes, and includes the power to provide for the use by any person of land owned or occupied by the municipality upon such terms and con- ditions as may be fixed by the council; (c) the power to sell, lease or otherwise dispose of, at a nominal price, or to make a grant of, any furniture, equipment, machinery, vehicles or other personal prop- erty of the municipality or to provide for the use thereof by any person on such conditions as may be fixed by the i council; and (d) the power to make donations of foodstuffs and mer- chandise purchased by the municipality for such pur- pose. App- ties (3) A guarantee of loan made under this section shall be tion deemed to be a debt for the purposes of section 149 and, where the term of the loan in respect of which such guarantee is made may extend beyond the current year, such guarantee shall be deemed to be an act, the cost of which is to be raised in a subsequent year and shall be subject to the provisions R.S.O. 1980, of section 64 of the Ontario Municipal Board Act. c. 347 Inerrprs- (4) In this section, tation (a) "land" includes a building or structure or a part thereof; Sec. 116 (2) MUNICIPAL Chap. 302 73 (b) "person" includes a municipality as defined in the Municipal Affairs Act and includes a metropolitan, reg- R.s.O. 1980, ional and district municipality and the County of e 303 Oxford. R.S.O. 1980, c. 302, s. 113. 114. The council of every municipality may provide for, Awards and competitions (a) offering awards and gifts to persons whose actions or achievements are, in the opinion of council, worthy of note; and (b) establishing competitions and awarding prizes therefor. R.S.O. 1980, c. 302, s. 114. 115.—(1) The council of every municipality may pass by-laws Fellowships, for providing fellowships, scholarships and other similar prizes and for paying all or part of the costs incurred or to be incurred by any person, including an officer or servant of the municipality, as a result of his attendance at an educational institution or as a result of his enrolment elsewhere in any program or course of instruc- tion, training or education. (2) In this section, "costs" includes tuition fees, costs of books I"Wrpre- 'omn and other materials used in connection with a course or program, and costs of food, travel and accommodation. R.S.O. 1980, c. 302, s. 1.15. 116.—(1) Subject to subsection (2), a municipality or a o strum nts local board thereof, as defined in the Municipal Affairs Act, except a school board, shall not destroy any of its receipts, vouchers, instruments, rolls or other documents, records and papers except, (a) after, having obtained the approval of the Ministry; or (b) in accordance with a by-law passed by the munici- pality and approved by the auditor of the munici- pality establishing schedules of retention periods during which the receipts, vouchers, instruments, rolls or other documents, records and papers must be kept by the municipality or local board. (2) Where a by-law has beenpassed by a municipality Whe copies mbe under clause (1) (b), copies of its receipts, vouchers, instruments, destroyed rolls or other documents, records and papers may be destroyed at any time if the original thereof is subject to a retention period within one of the schedules established by the by-law.