1995-01-04_Minutes
85-45
COMMON COUNCIL
JANUARY 4,1995
At a meeting of the Common Council, held at the City Hall in the City of
Saint John, on Wednesday, the fourth day of January, AD. 1995, at 12:30 o'clock p.m.
present
Shirley McAlary, Deputy Mayor
Councillors Chase, Coughlan, Knibb, Rogers, Trites, A Vincent
and M. Vincent
- and -
Messrs. 1. Totten, City Manager; F. Rodgers, City Solicitor; P.
Woods, Deputy Commissioner of Finance; Mrs. M. Munford,
Common Clerk; and Ms. C. Joyce, Assistant Common Clerk.
MeetinQ Called To Order
Deputy Mayor McAlary called the meeting to order, and noted that the
purpose of this special meeting of Common Council was to consider a resolution
regarding the assignment of a lease of Canadian Pacific Limited for the Carleton City of
Saint John Branch Railway to the New Brunswick Southern Railway Company; Council,
on December 19, 1994, having tabled Canadian Pacific Limited's request in this regard
to allow the City Manager and the City Solicitor to have further discussions with the
New
Brunswick Southern Railway Company.
Mr. Totten made the observation that the resolution before Council at
this time would not only give consent to the assignment by Canadian Pacific Limited of
the lease dated June 28, 1893, to the New Brunswick Southern Railway Company but
would approve the amendment agreement, as submitted, and authorize the Mayor and
Common Clerk to execute the necessary documents, which would result in the City of
Saint John and its citizens being no more at risk under the amendment agreement than
previously was the case; and explained that, while previously Canadian Pacific was in
the situation that the City could take certain action should the track be left vacant or
unused for twelve months, the New Brunswick Southern Railway Company, under the
recommended amendment agreement, could terminate the lease by sixty days written
notification; and also that the amendment agreement would recognize that there may
be a situation where the New Brunswick Southern Railway Company would want to
assign this lease to another party with wording to the effect that assignment would be
appropriate providing that Common Council is asked for consent and that such consent
would not be unreasonably withheld.
Mr. Joseph Day, solicitor for the New Brunswick Southern Railway
Company, appeared before Council at Deputy Mayor McAlary's invitation, and
expressed the understanding that the transaction and negotiations currently underway
in Montreal, P.Q., between the New Brunswick Southern Railway Company and
Canadian Pacific are going well and it is hoped that there will be an announcement in
that regard within the next few hours; and noted the location of the railway line
extending from the area of Simms Corner, from the former Fairville to the wharf and
property at or near Sand Point Carleton, basically to service the Port area on the West
Side.
On motion of Councillor Knibb
Seconded by Councillor Coughlan
RESOLVED that at the request of
Canadian Pacific Limited, the City hereby gives its consent to an assignment by
Canadian Pacific Limited of the lease dated 28 June 1893 to the New Brunswick
Southern Railway Company:
AND FURTHER BE IT RESOLVED that Council hereby approves the
Assignment, Assumption and Amendment Agreement submitted by the City Manager
and authorizes the Mayor and Common Clerk to execute the necessary documents.
Question being taken, the motion was carried.
85-46
COMMON COUNCIL
JANUARY 4,1995
On motion of Councillor Coughlan
Seconded by Councillor Trites
RESOLVED that this meeting be
adjourned.
Question being taken, the motion was carried.
Common Clerk