HomeMy WebLinkAboutCD-21-83 CORPORATION OF THE TOWN OF NEWCASTLE I
OFFICE OF THE TOWN CLERK
40 TEMPERANCE STREET
TELEPHONE 623-3379
BOWMAN L1 C 3A6 ONTARIO
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF
APRIL 18, 1983.
CD-21-83 - Our File: 35.31.5.
SUBJECT: REPORT WITH RESPECT TO THE REVIEW OF CERTAIN EXISTING
PRIVATE MUNICIPAL ACTS RELATING TO THE FORMER MUNICIPALITIES
OF THE TOWN OF BOWMANVILLE, TOWNSHIP OF CLARKE, TOWNSHIP
OF DARLINGTON
RECOMMENDATIONS:
1. That this report be received; and
2. That the General Purpose and Administration Committee recommend the
adoption of the resolution attached to Report CD-21-83 to Council ; and
3. That if approved and adopted by Council , that a copy of the said
resolution be forwarded to the Ministry of Municipal Affairs and Housing,
c/o Mr. Brian Donaldson, Legislation Section, Local Government Organization
Branch, Hearst Block, Queen' s Park, Toronto, Ontario, M7A 2K5.
BACKGROUND AND COMMENT:
By letter dated October 1st 1982, the Minister of Municipal Affairs and Housing
forwarded a number of extracts of pages from the Table of Private Acts,within
which were identified a number of Acts which affected the Town of Newcastle's
predecessor municipalities. The Minister requested, that the various Acts be
reviewed and with the advice of the Town's Solicitor, determine whether they had
served their purpose, or had been made redundant by subsequent legislation.
Because of the legal implications, copies of the Minister's correspondence
and attachments were forwarded to Mr. Sims , with the request that they be
Continued . . . . . /2
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CD-21-83 - 2 - April 11, 1983 I ' rte,
reviewed and the need to continue the various pieces of legislation determined.
In response to this request, Mr. Sims undertook to review the Private Municipal
Acts listed in the Minister's communication and, by letter dated January 18th
1983, he reported on his findings. Briefly, Mr. Sims advised that the Acts
listed, could be repealed, subject to confirming that they no longer impacted
upon the Town's debenturing process. Because with one exception,all of the
Private Municipal Acts noted in the Solicitor's report relate to the issuing
of debentures on the Part of Newcastle's predecessor municipalities, the Treasurer
was asked to review the legislation and comment upon it. The Treasurer by
memorandum dated March 29, 1983, reported that the Private Municipal Acts
referred to in the Solicitor's correspondence no longer impacted upon the Town's
debenturing activity and in her opinion, could be repealed.
It was noted in Mr. Sims comments that the single external agency that might
be affected by one piece of legislation was the Consumers' Gas Company. In
order to establish their position, a letter dated January 25th 1983, was
forwarded to the Gas Company, detailing the legislation that might impact
upon them. They were asked to review their files and ascertain whether the
Consumers' Gas Company would be affected by the repeal of the 1932 Act which,
through a predecessor company provided the Consumers ' Gas Company with franchise
rights for the distribution of gas in Bowmanville and Darlington. Mr. D. G.
Donaldson, District Manager, Consumers' Gas Company, by letter dated February
16th 1983, advised that the Gas Company would not be adversely affected by the
repeal of the 1932 legislation.
Having addressed the request of the Minister of Municipal Affairs and Housing
and determined that the referenced legislation is no longer required, it would
be appropriate that the municipality petition the Minister of Municipal Affairs
and Housing to have the Private Municipal Acts listed herein repealed,because
they are no longer necessary, or have been made redundant by the passing of
subsequent legislation.
Recommended for Repeal are the following Private Municipal Acts:
Title Year Chapter Number
1. An Act Respecting the Consolidated
Debt of the Town of Bowmanville 1874 C. 71, at page 490
2. An Act Respecting the Town of
Bowmanville 1886 C. 52, at page 203
3. An Act Respecting the Town of
Bowmanville 1888 C. 44, at page 110
Continued . . . . . /3
CD-21-83 - 3 - April 18, 1983 J �(a�
Title Year Chapter Number
4. An Act to Consolidate the Debt of
the Town of Bowmanville, and for
other purposes 1893 C. 58, at page 223
5. An Act Respecting the Town of
Bowmanville. 1905 C. 41, at page 142
6. An Act to Confirm By-law Number
618 of the Town of Bowmanville 1906 C. 63, at page 526
7. An Act to Confirm By-law Number
772 of the Town of Bowmanville 1911 C. 82, at page 542
8. An Act Respecting the Town of
Bowmanville 1914 C. 60, at page 281
9. An Act Respecting the Town of
Bowmanville 1916 C. 66, at page 324
10. An Act Respecting the Town of
Bowmanville 1919 C. 85, at page 440
11. An Act Respecting Ontario Shore
Gas Company Limited (Relates
to Bowmanville & Darlington) 1932 C. 100, Page 422
12. An Act Respecting the Town of
Bowmanville 1959 C. 111, at page 407
13. An Act Respecting the Town of
Bowmanville 1968 C. 145, at page 703
Respectfully submitted,
David W. Oakes, A.M.C.T.
Town Clerk.
P DWO/ms
Attachments.
March 30, 1983.
RESOLUTION:
MOVED BY: Councillor Cowman SECONDED BY Councillor Hubbard
WHEREAS the Minister of Municipal Affairs and Housing
has requested that the Town of Newcastle review the
Private Municipal Acts associated with the activities
of the Town of Newcastle and its former member
municipalities for the purpose of determining whether
they continue to serve a useful purpose; and
WHEREAS the Private Municipal Acts associated with
the activities of the former Town of Bowmanville and
the Township of Darlington have been examined and
it has been established that a number of Private
Municipal Acts are no longer necessary, or have been
made redundant by subsequent legislation;
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE
TOWN OF NEWCASTLE hereby petitions the Minister of
Municipal Affairs and Housing to repeal all of the
Private Municipal Acts listed herein:
Title Year Chapter Number
1. An Act Respecting the Consolidated
Debt of the Town of Bowmanville 1874 C. 71, at page 490
2. An Act Respecting the Town of
Bowmanville 1886 C. 52, at page 203
3. An Act Respecting the Town of
Bowmanville 1888 C. 44, at page 110
4. An Act to Consolidate the Debt
of the Town of Bowmanville, and
for other purposes 1893 C. 58, at page 223
5. An Act Respecting the Town of
Bowmanville 1905 C. 41, at page 142
6. An Act to Confirm By-law Number
618 of the Town of Bowmanville 1906 C. 63, at page 526
7. An Act to Confirm By-law Number
772 of the Town of Bowmanville 1911 C. 82, at page 542
8. An Act. Respecting the Town of
Bowmanville 1914 C. 60, at page 281
9. An Act Respecting the Town of
Bowmanville 1916 C. 66, at page 324
RESOLUTION: - 2 -
Title Year Chapter Number
10. An Act Respecting the Town of
Bowmanville 1919 C. 85, at page 440
11. An Act Respecting Ontario
Shore Gas Company Limited
(Relates to Bowmanville
and Darlington) 1932 C. 100, at page 422
12. An Act Respecting the Town
of Bowmanville 1959 C. 111, at page 407
13. An Act Respecting the Town
of Bowmanville 1968 C. 145, at page 703