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HomeMy WebLinkAboutKIN 94 055 Kin Town/Twp Annex
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THE CORPORATION OF THE TOWN OF KINCARDINE
BY-LAW
BY-LAW NO. 1994-55
A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE
CORPORATION OF THE TOWNSHIP OF KINCARDINE TO ADJUST THEIR
MUNICIPAL BOUNDARIES AS PROVIDED FOR UNDER THE MUNICIPAL
BOUNDARY NEGOTIATIONS ACT.
WHEREAS the Council for The corporation of the Town of
Kincardine deems it expedient to enter into an Agreement with
The corporation of the Township of Kincardine to adjust their
municipal boundaries;
NOW THEREFORE the Council for The Corporation of the Town of
Kincardine ENACTS as follows:
1. THAT The Corporation of the Town of Kincardine enter into
an Agreement with The Corporation of the Township of
Kincardine to provide for the adjustment of their
municipal boundary and that such Agreement be in the form
hereto annexed and marketed Appendix "A" to this by-law.
2.
THAT the mayor and clerk be and are hereby authorized and
directed on behalf of the Corporation to execute the said
Agreement and affix thereto the corporate seal of the
Corporation and cause to be prepared and execute any
documents, reports, forms and correspondence as may be
required in order to give effect to the Agreement and the
Application therein referred to.
3.
This
its
upon
by-law shall come into full force and effect
final passage.
4. This by-law may be cited as the "Kincardine Township
Annexation Agreement By-law".
READ a FIRST and SECOND time this 1st day of september, 1994.
READ a THIRD time and FINALLY PASSED this 15th day of September,
1994.
Mayor
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APPENDIX "A"
AREA TO BE ANNEXED TO THE TOWN OF KINCARDINE
The lands and premises in the ~Township of
county of Bruce, containing 640 acres more or
particularly described as follows:
Kincardine,
less, more
FIRSTLY:
S.D.R. ;
Lots 1 to 4 inclusive in Concessions 1, 2 and 3,
SECONDLY: The South half of the road allowance between
Concession 1, N.D.R. and Concession 1, S.D.R., lying
between the Easterly boundary of the Town of Kincardine and
the projection northerly of the easterly limit of Lot 4,
Concession 1, S.D.R. (now part of Provincial Highway #9);
THIRDLY: The North half of the road allowance lying
between the southerly boundary of the Township of
Kincardine and the northerly boundary of the Township of
Huron lying between the easterly boundary of the Town of
Kincardine, and the projection southerly of the easterly
limit of Lot 4, Concession 3, S.D.R.;
FOURTHLY: The Road Allowance along the easterly boundary
of the Town of Kincardine, lying between the northerly
limit of the south half of the road allowance between
Concession 1 N.D.R., and Concession 1, S.D.R. projected
westerly to intersect the easterly boundary of the Town of
Kincardine, and the southerly limit of the North half of
the road allowance between the southerly boundary of the
Township of Kincardine and the northerly boundary of the
Township of Huron, projected westerly to intersect the
easterly boundary of the Town of Kincardine.
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THIS AGREEMENT, made in triplicate
september, 1994.
this 15th day of
BETWEEN: ¿;
THE CORPORATION OF THE TOWN OF KINCARDINE
hereinafter called the "Town II
of the first part
AND
THE CORPORATION OF THE TOWNSHIP OF KINCARDINE
hereinafter called the "Township"
of the second part.
WHEREAS the Council of The Corporation of the Town of
Kincardine and the council of The Corporation of the
Township of Kincardine agree that it would be mutually
advantageous to adjust their municipal boundary to include
within the Town certain lands now located in the Township¡
AND WHEREAS the Council of the Town of Kincardine by bylaw
dated the 1st day of September, 1994, applied to the
Minister of Municipal Affairs (hereinafter called the
"Minister") for initiation of the procedures provided for
in the MuniciDal Boundarv Neaotiations Act. R.S.O. 1990,
c.49¡
AND WHEREAS the Corporation of the
The Corporation of the Township of
an agreement respecting the
intermunicipal boundary issue¡
AND WHEREAS it is expedient to have this Agreement in
written form so that the parties may request that the
Minister recommend to the Lieutenant Governor in Council
that an Order giving effect to this Agreement be made
pursuant to the MuniciDal Boundarv Neaotiations Act, R.S.O.
1990, c. 49¡
Town of Kincardine and
Kincardine have come to
resolution of the
NOW THEREFORE
premises and
contained, the
WITNESSETH that in
the mutual terms and
parties hereto agree
consideration of the
conditions hereinafter
as follows:
1.
AREA TO BE ANNEXED BY THE TOWN
A. On January 1, 1995, or such later date as is provided
for in the Order of the Lieutenant Governor in Council
(hereinafter called the "annexation day"), the portion
of the Township of Kincardine described in Appendix
"A" to this Agreement (hereinafter referred to as "the
area to be annexed") shall be annexed to The
Corporation of the Town of Kincardine.
2 . TOWNSHIP ASSETS AND LIABILITIES
A. All real property of the Township located in the area
to be annexed shall vest in and become the property of
the Town on annexation day.
B. All assets and liabilities, excluding all real
property of the Township attributable to the area to
be annexed shall remain the assets and liabilities of
the Township.
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Annexation Agreement
c.
For the purpose of this para9Faph, real property shall
be deemed to include any Kighway, street fixture,
water line, easement and restrictive covenant running
with the land.
3. REAL PROPERTY TAXES
A. All real property taxes and levies under any general
or special A&t and uncollected in the area to be
annexed which are due and unpaid on the day prior to
the annexation day shall, on annexation day, become a
debt owed to the Town and may be collected by the
Town.
B. The Clerk of the Township shall forthwith prepare and
furnish to the Clerk of the Town a special collector's
roll showing all real property taxes or special rates
assessed against the lands in the annexed area up to
the annexation day and the persons assessed therefor.
The Town shall pay to the Township on annexation
or within 3 months thereafter, an amount equal to
amount due and unpaid in subparagraph (A).
D. The Town shall pay to the Township on or before the
31st day of December in each year following annexation
day, including the year in which the annexation
occurs, the following amounts:
c.
day
the
Year 1 - 100% of the 1994 municipal portion of real
property taxes which were levied against the lands
denoted on Schedule "A" annexed hereto, being the
"Area to be Annexed to the Town of Kincardine", and
hereby agreed to as an amount of $5,504.91, and
pro-rated accordingly if annexation day is a date
other than January 1st;
Year 2 80% of the annual amount (not pro-rated)
paid in "Year I", being $4,403.93;
Year 3 - 60% of the amount paid in "Year 1" being
,
$3,302.95;
. Year 4 - 40% of the amount paid in "Year 1", being
$2,201.96;
Year 5 - 20% of the amount paid in "Year 1" being
,
$1,100.98.
4. BUSINESS TAXES
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All business taxes levied and uncollected in the
annexed area which are due and unpaid prior to
annexation day shall continue after that date to be
taxes due and payable to the Township and may be
collected by the Township.
5.
BY-LAWS IN AREA TO BE ANNEXED BY THE TOWN
A.
The by-laws of the Town in force on annexation day,
shall as of that date extend to the area to be annexed
and any by-law of the Township then in force in the
area to be annexed shall as of that date cease to
apply to the area, save and except:
Township by-laws passed under section 34 and 41 of'The
Plannina Act, or a predecessor of those sections; ---
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Annexation Agreement
Township by-laws of The Corporation of the Township of
Kincardine passed under section 45, 58 or 61 of The
Drainaae Act or a predecessor of those sections;
c. Township by-laws passed under The Hiahwav Traffic Act
or The MuniciDal Act that regulate the use of highways
by vehicles and pedestrians and that regulate the
encroachment or projection of buildings or any portion
thereof upon or over highways;
B.
D. Township by-laws conferring rights, privileges,
franchises, immunities or exemptions that could not
have been lawfully repealed by the Council of The
Corporation of the Township of Kincardine;
E. Where the Township and/or County of Bruce has
commenced procedures to enact a by-law under The
Plannina Act respecting the Bruce County South
Official Plan respecting the Urban/Rural Fringe, such
procedures may continue with the area to be annexed
designated "Primary Urban Community", subject to the
provisions of The Plannina Act.
F.
The Town of Kincardine agrees that it will not
interfere with the necessary procedures required to be
completed by the Township of Kincardine and/or County
of Bruce in order to implement the Kincardine Township
Urban Rural Fringe Secondary Plan, also subject to the
provisions of The Plannina Act.
6 . DEVELOPMENT CHARGES ACT
A.
By-laws of
DeveloDment
the earlier
under section 3 of the
remain in force until
the Township passed
Charaes Act shall
of,
(i) the date they are repealed by the Council of the
Corporation of the Town of Kincardine;
(ii) the date they expire under subsection 6(1) or
(2) of the DeveloDment Charaes Act;
B. (i)
The Township shall pay to the Town on annexation
day or within 3 months thereafter, development
charges which have been collected for property
within the annexed area.
7 . ASSESSMENTS
The Regional Assessment Commissioner shall be
requested to prepare the assessment roll for the
purposes of taxation on and after the annexation day
and subsequent years for the annexed area on the same
basis that the assessment roll for the Town is
prepared.
8.
LIMITATION
A.
The Province of Ontario supports and encourages the
resolution of intermunicipal boundary and
boundary-related issues by the party municipalities,
pursuant to the Municical Boundarv Neaotiations Act.
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Page 4
Annexation Agreement
B.
The parties recognize that ~is Agreement does not in
any way bind the Province oÍ~ontario and that,
(i) this Agreement does not imply or anticipate
an alteration in the policies or programs of the
Province of ontario, its agencies, boards or
commissions; and,
(ii) the implementation by Order-in-Council of this
Agreement does not imply any right to preferred
treatment under any program of the Province of
ontario, its agencies, boards or commissions.
c. The description for the area being annexed in Appendix
"A" is provided by the Town of Kincardine, and the
Province of Ontario is not liable for any claims
resulting from the ambiguity or inaccuracy of this
description.
Where any provision of this Agreement is declared
invalid by any court or other tribunal, the balance of
this Agreement shall remain in force and binding upon
the parties.
D.
9. BINDING ON SUCCESSORS
This Agreement shall be binding on the successors and
assigns to the parties hereto.
IN WITNESS WHEREOF this Agreement has been executed by the
parties hereto under their respective corporate seal.
) THE CORPORATION OF THE TOWN
) OF KINCARDINE:
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) Charles W. Mann,=~yor'- ~ c".
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) Maureen A. Couture, clérk'-
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) THE CORPORATION OF THE
) TOWNSHIP OF KINCARDINE:
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Weir Sheane, Reeve-:
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