1996-082
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 96- 82
Being a By-Law to Enter Into an Agreement Between The corporation
of the County of Simcoe and The corporation of the Township of Oro-
Medonte
WHEREAS the Municipal Act, R.S.O. 1990 Chapter M.45, authorizes the
County to enter into an agreement with any other Municipal Council;
AND WHEREAS the Township of Oro-Medonte desires to enter into an
Assets/Liabilities Agreement with the County of Simcoe to settle
the issue of compensation for all of the physical assets, excepting
the landfill sites and land, vested in the County, less the value
of all liabilities assumed by the County and vested in the County
from the Township;
NOW THEREFORE the Council of the Corporation of the Township of
Oro-Medonte enacts as follows:
1. That the attached Agreement titled Schedule "1" 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 17th day of July, 1996.
By-Law read a third time and finally passed this 17th day of July,
1996.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, Ian Beard
~~_ //d_
Clerk, Lynda Aiken
By-Law 4223
of the Corporation of the County of
Simcoe was deliberately not signed by
the Township ofOro-Medonte
BY-LAW NO. 4223
OF
THE CORPORATION OF THE COUNTY OF SIMCOE
A By-law to repeal and substitute By-law No. 4199
WHEREAS the Municipal Act, R.S.O. 1990 Chapter MAS, authorizes the County to
enter into, and perform, any agreement with any other Municipal Council;
AND WHEREAS, by the adoption of Report No. 95-002 of the Environmental Services
Committee, County Council deemed it expedient to enter into an agreement with the
Township of Oro-Medonte;
AND WHEREAS, by the adoption of By-law No. 4199 the County authorized entering
into an agreement with the Township of Oro-Medonte;
AND WHEREAS, by the adoption of Report No. 96-016 of the Environmental Services
Committee, County Council deems it expedient to repeal and substitute By-law No. 4199;
NOW THEREFORE BE IT RESOLVED:
1. THAT By-law No. 4199 is hereby repealed.
2. THAT authority is hereby granted for the Warden and Clerk to execute the
attached agreement with the Township of Oro-Medonte.
3. AND THAT Schedule 1, attached hereto, forms part of this By-law.
4. AND FURTHER THAT this By-law shall come into force and take effect
immediately upon the approval of Council.
By-law read a first, second and third time and finally enacted this 23rd day of April,
~
Schedule 1 to By-law No. 4223
Page 1
THIS AGREEMENT dated the
day of
, 1996.
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 and the Township have determined to settle the
issue of compensation for disposal equipment and buildings, from the former Township
of Oro, under the Act on terms negotiated between them and set forth in this agreement;
AND WHEREAS the County of Simcoe was restructured by virtue of the County
of Simcoe Act, 1993, and the Township was formed under the terms of that Act from
parts of the former Townships of Flos, Medonte, OriIlia, Oro and Vespra
AND WHEREAS the County and the Township have determined to settle the
issue of compensation under the Act for all of the assets and liabilities due to the
Township on account of its entitlement as the successor to those parts of the former
Townships of Flos, Medonte, OriIlia, Oro and Vespra that now form the Township;
NOW THEREFORE WITNESSETH that in consideration of the premises set
out above and the covenants contained herein, the parties agree and acknowledge as
follows:
1.
The County and the Township agree the value of all the physical assets, excepting
the landfill sites, a~st~~in the County, less the value of all liabilities assumed by
the County and vested in the County from the Township, is fixed at $70,834.00
(SEVENTY THOUSAND AND EIGHT HUNDRED AND THIRTY FOUR
DOLLARS).
2.
The County and the Township agree the value of the landfill site assets,a~st~atin
the County, have yet to be determined by the County and the Township and will
be subject to a further agreement.
3.
The County and the Township agree the figure in paragraph one contains an
allowance for interest from the date of passage of the by-law to the date of this
agreement.
Schedule 1 to By-law No. 4223
Page 2
4. The County and the Township agree that no further interest shall accrue on any
amounts owing under this agreement from time to time.
5. The Township acknowledges that it has received from the County, b}' ~a}' of a
holdbaek, the sum of $70,834.00 (SEVENTY THOUSAND AND EIGHT
HUNDRED AND THIRTY FOUR DOLLARS), being the whole of the sum as
set out in paragraph one, and that the County has accordingly fulfilled its
obligation to compensate the Township pursuant to this agreement and the Act.
6. The County and the Township agree to provide each other with any and all
further documentation required to properly implement the terms ofthis agreement,
including, if demanded, full and final releases.
7. The Township warrants that it is entitled to accept the above compensation for the
assets mentioned regardless of whether the assets were formerly assets of the
former Townships of Flos, Medonte, OriIlia, Oro and Vespra and hereby
specifically agrees to save the County harmless from any and all claims, causes
of action, demand, etc. for compensation from successors to any other of the
former municipalities who may claim entitlement thereto.
THE CORPORATION OF THE
COUNTY OF S MCOE
THE CORPORATION OF THE
TOWNSHIP OF ORO-MEDONTE
Mayor
Clerk