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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 yl� 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 Sims advised that the Acts listed, could be repealed, subject to confirming that they no longer impacted upon the Town's debenturing process.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