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1998-109 To Authorize entering into an agreement between the Corporation of the Township of Oro-Medonte, ...... ,.,;~.... 'I'" . . THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE BY-LAW NO. 98-109 Being a By-law to authorize entering into an agreement between The Corporation of the Township of Oro-Medonte\:fhe Corporation ofthe County of Simcoe WHEREAS the Municipal Act, R.S,O. 1990, Chapter M.45, as amended, authorizes the County to enter into an agreement with any other Municipal Council; AND WHEREAS the Township ofOro-Medonte desires to enter into an Interim Agreement with the County of Simcoe for the commencement of payment of landfill credits to the Township during the time that a final settlement relative to the issue of compensation under the Act is being negotiated; NOW THEREFORE the Council of The Corporation ofthe Township ofOro-Medonte enacts as follows: 1. That the attached Agreement titled Schedule "I" forms part of this By-law. 2, That the Mayor and Clerk be authorized to execute the said agreement. 3, That this By-law shall come into full force and effect on its final passing thereof, By-law read a first and second time this 4th day of November, 1998. By-law read a third time and finally passed this 18th day of November, 1998. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE 1 ;:? / &.1 ./'I, _~ l;;;, ('C.",('-!..,.Av"~ , Mayor, Ian Beard ! '~___L /iL. Clerk, Lynda Aiken .' .. Schedule 1 to By-law No. 4411 Page III ~ THIS AGREEMENT dated the day of ,1998. BETWEEN: THE CORPORATION OF THE COUNTY OF SIMCOE hereinafter referred to as "the County" AND THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE hereinafter referred to as "the Township" WHEREAS pursuant to the provisions of the Municipal Act, R,S.O. 1990, and in particular section 209 thereof (herein referred to as "the Act") and County of Simcoe by- laws numbered 3845 and 3854 passed thereunder (herein referred to as "the by-laws"), the County assumed all waste management powers of the local municipalities within the County, of which the Township is one. AND WHEREAS further pursuant to the Act and the by-laws the County assumed all of the assets and liabilities related to waste management within the local municipalities, including those in the Township; AND WHEREAS pursuant to the Act and the regulations thereunder the County and the Township are required to adjust these assets and liabilities and pay compensation one to the other as determined on such an adjustment; AND WHEREAS the County of Simcoe Act 1993 provided for the restructuring of the County and in particular the Township from the former Township of Oro, former Township of Medonte and part of the former Township of OriIlia, AND WHEREAS the landfill assets, for which compensation is being claimed by the Township, are assets of the former Townships of Oro and the former Township of Medonte; AND WHEREAS pursuant to the County of Simcoe Act 1993, the Township of Severn is entitled to compensation for certain assets of the former Township of Medonte; AND WHEREAS the former Township of Oro negotiated a settlement with the County for the value of roIling stock, in the amount of $70,834,00 (SEVENTY THOUSAND & EIGHT HUNDRED & THIRTY.FOUR DOLLARS) which was paid out to the Township in one lump sum by the County; AND WHEREAS the former Township of Medonte negotiated a settlement with the County for the value of the rolling stock, in the amount of $27,000 (TWENTY -SEVEN THOUSAND DOLLARS) which has not yet been paid by the County to the Township; . AND WHEREAS the County and the Township have agreed that it is in the best interest of both parties to commence payment of landfill credits to the Township during the time that a final settlement relative to the issue of compensation under the Act is being negotiated between them; NOW THEREFORE WITNESSETH that in consideration of the premises set out above the covenants contained herein, and the sum of $2.00 mutually exchanged between the parties (receipt whereof is hereby by them acknowledged), the parties agree as follows: ( - Schedule 1 to By-law No. 4411 Page 2 1. The County and Township agree that this an interim agreement to allow the County to begin the payment of money to the Township for the value of the landfill capacity assumed by the County from the Township in 1990, 2, The County and Township agree that the total amount of compensation to be to the Township for the value of the Ministry of the Environment approved licenced landfill capacity at the County Landfill Site No, 9 (Medonte) and the value of the Ministry of Environment approved licenced landfill capacity at the County Landfill Site No, 11 (Oro) has yet to be determined and agreed upon by the County and the Township. 3. The County and Township acknowledge that at the date of the execution of this agreement the County had already paid to the former Township of Medonte and the former Township of Oro the total sum of $108,799.48 (ONE HUNDRED & EIGHT THOUSAND & SEVEN HUNDRED & NINETY-NINE DOLLARS ---- 48/100) to be applied to the final negotiated amount mentioned in paragraph one above. 4. The County and Township acknowledge that the standard practice is for the payment of compensation by the County to the local municipalities in the form of credits to be applied by the County against the amounts owing to it from the Township for tipping fees related to waste deposited by the Township at facilities owned by the County. 5. The County and Township agree that during the life of this agreement the credits shall be applied at the rate of $35.00 (THIRTY-FIVE DOLLARS) per ton of waste received, and credited against the existing tipping rate in force from time to time in the County. 6. The County and Township acknowledge that at the date of execution of this agreement, the rate is $95,00 (NINETY-FIVE DOLLARS) per ton, 7. The County and Township agree that the credits outlined hereunder shall be applied effective as of July 1, 1998 to all monies owing or paid for landfill tippage fees. 8. The County and Township agree that, in accordance witll the County of Simcoe Act 1993, any agreement relative to the payment of compensation to the Corporation of the Township of Severn, arising from the execution of this agreement, shall be executed between the Township and the Corporation of the Township of Severn, 9. The County and Township agree to provide each other with any and all further documentation required to properly implement the terms of this agreement. Clerk THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE cJ , ko....._ Mayor /.<c /' ";""'f\"^"'j ,/