Minutes:
Council considered a Part II report on transport provision within the Borough.
In accordance with Standing Order 16 (3), a recorded vote was taken.
The following Members voted FOR the
motion:
Councillors J. Abbott, S. Baker, J. Bradshaw, M. Bradshaw, D.
Cargill, E. Cargill, Carlin, Cassidy, Dennett, Dourley, Fry, Gilligan, Harris,
P. Hignett, R. Hignett, Horabin, Howard, Jones, Leck, M. Lloyd Jones,
P.Lloyd Jones, C.Loftus, K.Loftus, Logan, A.Lowe, J.Lowe, McDermott, Philbin, Polhill, Ratcliffe, Joe
Roberts, June Roberts, Rowe, Sinnott, G. Stockton, J. Stockton, Teeling,
Thompson, Wainwright, Wallace, Whitley, Woolfall and Wright.
There were no votes against the motion.
There were no abstentions.
RESOLVED: That
I.
The actions taken by the Council to provide
financial and operational support to Halton Borough Transport Limited, as set
out in the report, be noted;
II.
The continuing severe financial and operational
difficulties being experienced by Halton Borough Transport Limited, as set out
in the report, be noted;
III.
The Company’s liabilities are greater
than its assets and it is likely that the Company will become unable to pay its
debts as they fall due and given the ongoing trading losses and exceptional
costs the position cannot continue beyond the immediate short term without a
significant injection of funds, be noted
IV.
It would be an inappropriate use of
limited public resources for the Council to provide any further financial
support to Halton Borough Transport Limited.
V.
As the Company’s major shareholder
a. to
support the decision taken by the Board of Halton Borough Transport Limited on
the 20th December 2019 to place the company into a formal insolvency
procedure by means of a Liquidation.
b. that, the
Operational Director (Legal & Democratic) be authorised to act as set out
in Appendix 1.
VI.
to take all reasonably practicable
steps, within the financial limitations of the Council, to support public
transport in Halton.
APPENDIX
1
(1) For good governance and practicality, and
subject to any subsequent express revocation, change or supplemental
resolution, direction, instruction or approval from the Council, the Operational Director (Legal &
Democratic) from time to time of the Council be and is authorised to act and be
treated as a representative of the Council in respect of the Council’s
statutory, contractual or other rights and/or powers to:
a)
receive notice of (alongside full
legible copies of the applicable meeting agenda and related documentation),
attend, participate, make submissions/representations, vote and pass
resolutions at any general meeting of any kind of Halton Borough Transport
Limited (to include, but not limited to, any general meeting to consider a
resolution to: (i) sell or otherwise transfer/dispose of the shares in the
share capital of Halton Borough Transport Limited, (ii) sell or otherwise
transfer/dispose of the business and assets of Halton Borough Transport
Limited, or (iii) put Halton Borough Transport Limited into any formal
insolvency, winding up, strike off or dissolution process);
b)
receive a copy of, sign and date any
written resolution containing any special resolution(s) and/or ordinary
resolution(s) of any kind (to include, but not limited to, any resolution
mentioned in paragraph a) above;
c)
have prepared, settled, signed, dated, registered, filed and implemented (and,
if required or desired, certified and/or notarised), by himself or any other
senior employee or officer of the Council, any affidavit, statement, petition,
declaration, application, form, agreement, letter, email or other document or
missive whatsoever concerning Halton Borough Transport Limited; or do any
combination of the above.
(2) For good governance and practicality, without
prejudice to resolution v, and subject to any subsequent express revocation,
change or supplemental resolution, direction, instruction or approval from the
Council, the Operational Director (Legal
& Democratic) from time to time of the Council be and is authorised to have
prepared, settled, signed, dated, registered, filed and implemented (and, if
required or desired, certified and/or notarised), by himself or any other
senior employee or officer of the Council, any affidavit, statement, petition,
declaration, application, form, agreement, letter, email or other document or
missive whatsoever necessary and/or reasonably desirable to effectively
transfer the share(s) held by Colin Stafford in the share capital of Halton
Borough Transport Limited to any person nominated by the Operational Director
(Legal & Democratic) PROVIDED such
person enters into a trust declaration in favour of the Council on effectively
the same terms as the under Colin Stafford’s declaration from 2012 (or under terms
that are more favourable to the Council).a