Municipal Corporations Act 1896 (SA)

ANNO QUINQUAGESIMO NON0 ET SEXAGESIMO

A. D. 1896.

No. 660.

An Act to authorise the Union of two or more Municipal

Corporations, and for other purposes.

[Assented to, December ~p th, 1896.1

E it Enactcd by the Governor, with the advice and consent of

B the Parliament of South Australia, ss follows:

1, This Act may he cited as '' The Municipal Corporations short title and

Amendment Act, 1896," and shall be incorporated with "The i n c O ~ t i O n *

Municipal Corporations Act, 1890," hereinafter called the principal

Act.

2. Any two or more Municipal Corporations may petition the Petition for union of

Governor for the union of their respective municipalities. municipalities.

3, No such petition shall be presented by two or more Municipal roll of ratepqers to be taken before

Corporations I mtil after a poll of the ratepayers in each of such ptitionpremted.

municipalities shall have been taken, affirming a proposition in favor of such amalgamation, and of the intention to hold which poll one month's previous public notice shall have been given by each such Council, nor unless such petition be accompanied by a certificate under the hand of each of the mayors and town clerks respectively of such municipalities of the result of such poll in each such muni- cipality.

4. Every such petition shall state the proposed name of the w h a t p t i t i ~ n to

municipality to be formed by thc union of the municipalities men- etab.

tioned in the petition, the proposed name of the corporation of such

660 municipality,

2 5 9 O & 60" VICTORIW, No. 660.

The Munic@al Corporations Amendment Act.-- l89 6.

municipality, and the boundaries of the wards into which it is pro-

posed to be divided.

Certain proviaions	5.	The provisions of sections 10, 11, and 12 of the principal Act
of prinolpal Act to

~ P P ~ Y	shall apply to every such petition,
palities.

Union of munici- 6, The Governor may, by Proclamation-

r. Unite the municipalities mentioned in thc petition into one

municipality:

11. Assign a name to the municipality formed by such union, and

to the corporation of such municipality:

111. Define the boundaries of, and give a name to, each of the

wards of such municipality:

IV. Declare without any further petition that tjhe provisi0.g~ of

Part XVIII. of the principal Act, respecting aldermen, shall be applicable to such municipality.

Governor may PP 7,

The Governor may, from time to time, by Proclamation, appor- tion, settle, or adjust any property rights, liabilities, or matters which he shall consider ought to be apportioned, settled, or adjusted in consequence of the exercise by him of any of the foregoing powers.

tion property, &c.

Effect of union of

municipalities. 8. Upon the union of municipalities, the municipality formed

by auch union shall include an area being the aggregate of the areas of the municipalities united: and the cornoration of the mlxni- cipality so formed ;hall be deemed to be one and the same corpora- tion as the corporation of each of the municipalities by the union of which it was formed; and all rights and duties of the corporations

of such municipalities against or owing to each other shall be

extinguished, and all property rights andliabilities vested, possessed, or incurred, and all matters and things not otherwise provided for,

made, or done in, by, or on behalf of the corporation of any of the

municipalities so united shall vest in and attach to and be deemed

to have been made or done by or on behalf of the corporation of the

municipality formed by such union.

Effect of union on Q. Upon any union of municipalities, all bylaws and regula- tions in force in any of the municipalities united at the time of th,e union, whether made under the principal Act or any Act thereby repealed, or anv other Act, which are applicable to the altered cir- cumstances, shdl become by-laws and regulations respectively of the municipality formed by such union, and may be repealed or altered by the council of such municipality; but, until so repealed or altered, every such by-law and regulation shall remain in force in the territorial area only in which it was in force previous to such union; and every by-law and regulation which cannot be restricted

by -laws.

to any particular territorial area shall be deemed inauplicable, and

all by-laws and regulations which are inapplicable to the altered circumatamxs shall be by such union repealed. 10. When

59O & 60" VICTORIE, No. 660. 3

me Municipal CorporaCioris Amendment Act.-1 89 6.

10. When municipalities are united, the mayor and council of the ~ w of union on t

municipality formed by such union shall, until the conclusion of the mayor and counoil.

next annual election, consist of the mayors of the municipalities united, and all the councillors of such municipalities, or any councillors who may be elected in their places to fill any extraordinary vacancies. The mayors of the municipalities united shall decide by lot which of them shall be mayor of the municipality formed by such union. At the conclusion of the next annual election the mayor and all the councillors shall go out of office.

11, Notwithstanding anything contained in the principal Act, it Name of city may be given to any mum-

shall be lawful for the Governor to assign the name of '' The City of ,iPalitY.

" to anv munici~alitv, and the name of The Corpora-

.) I .I r

tion of the City of " to the corporation of such rkmi- cipality, when the number of inhabitants according to the latest census in such municipality shall exceed twenty thousand, the blank being filled in in each case with the distinctive name of the par- ticular municipality and corporation.

liable with the District Council of any adjoining district for the hbility over femer . 12, The Council of a municipality shall become and be jointly Joint control end

care, control, and maintenance of any ferry used as a means of communication between a jetty or landing-place in each such municipality or district, such ferry having been proclaimed by the Governor a public ferry by notice in the Government Gazette; such Proclamation to determine the proportion in which the cost is to be apportioned between the local bodies concerned.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

T. F. BUXTON, Governor.

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Adelaide : By authority, C. E. B ~ ~ s x o w, Owerntnent Printer, North-terraoe,