April 16, 2003
Ownership - letter from council
The council sent us a letter, which is transcribed below.
BSC File No: 194930G/#37822 Renee Wilkes
13 March 2003
Dear Mr Alden
I refer to our recent discussions regarding the ownership of the Tyagarah Hall located at the Tyagarah airstrip and apologise for the delay in confirming our discussion.
I have been unable to locate any documentation that confirms the ownership of the building. I note your advice that the hall was donated to "the community" many years ago and was subsequently relocated to its current position as a result of a resumption of land for the construction of a road.
I can advise that Council is currently insuring this property. Despite this there does not seem to have been any move torequire the formation of a section 355 Committee which is the normal method of managing community halls within local government.
On the basis of this information there are two options for your Hall Committee.
1. Ownership of the Tyagarah Hall is formally vested in the Tyagarah Hall Committee or some other appropriately incorporated community organisation. This option would require the hall owner to enter into a lease with Council for the occupation of the land at Tyagarah Airstrip. It would also require the owner to obtain and maintain all appropriate insurances.
Please note that the elected Council must apporce any proposed lease prior to formalising such an arrangement. Therefore I cannot advise what conditions may apply in relation rent and lease term at this stage.
2. Ownership of the Tyagarah Hall is formally vested in Byron Shire Council. This option would require the formation of a section 355 Committee in accordance with Council's policy (a copy of which is attached). Council would then accept full responsibility for insurance and building management and maintenance.
Given that there are no formal records relating to ownership, Council is prepared to allow your Committee to determine which of these options it would like to pursue. I understand that the Committee intends to meet in the near future so I would appreciate this matter being addressed at this time.
If you require any further information please contact Renee Wilkes on 02-6626-7083
Yours sincerely, Paul Hickey,
Director Corporate and Community Services.
Posted at April 16, 2003 12:00 AM
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