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HomeMy WebLinkAboutTWP 94 026 Twp/Twn Boundaries ¡: 'II . . ¡. t n THE CORPORATION OF THE TOWNSHIP OF KINCARDINE BY-LAW NO. 1994-26 A BY-LAW TO AUTHORIZE THE SIGNING OF AN AGREEMENT WITH THE CORPORATION OF THE TOWN OF KINCARDINE TO ADJUST THEIR MUNICIPAL BOUNDARIES AS PROVIDED FOR UNDER THE MUNICIPAL BOUNDARY NEGOTIATIONS ACT. WHEREAS the Council for the Corporation of the Township of Kincardine deems it expedient to enter into an Agreement with The Corporation of the Town of Kincardine to adjust their Municipal Boundaries; i ~ · " " , NOW THEREFORE the Council for The Corporation of the Township of Kincardine ENACTS as follows: 1. THAT The Corporation of the Township of Kincardine enter into an Agreement with The Corporation of the Town of Kincardine to provide for the adjustment of their Municipal Boundary and that such Agreement be in the form hereto annexed and marked Appendix "A" to this by-law. 2. THAT the Reeve and Clerk-Treasurer 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 By-Law shall come into full force and effect upon its final passage. · 4 . This By-Law may be cited as the "Kincardine Township- Town Boundary Agreement By-Law". READ a FIRST and SECOND time this ¿ d day Of~' 1994. THIRD time and FINALLY PASSED this /7-:tt day of ~ READ a ,1994. RgiÇ·/lL ~"n~~ C RK-TREA · ,;I;~r :' · · · 4t . ~ .. I . , '! ..!',." . .' , . . THIS AGREEMENT, made in triplicate september, 1994. this 15th day of BETWEEN: '¿" THE CORPORATION OF THE TOWN OF KINCARDINE hereinafter called the "Town" 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 Municical Boundarv Neaotiations Act, R.S.O. 1990, c. 49; Town of Kincardine and Kincardine have come to resolution of the NOW THEREFORE WITNESSETH that in premises and the mutual terms and contained, the 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. ..¡/2 · · , ,. I' : ! ... , ·01 ~ . > . . Page 2 Annexation Agreement C. For the purpose of this parag;aph, real property shall be deemed to include any nighway, 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 !&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 property taxes which were levied against the denoted on Schedule "A" annexed hereto, being "Area to be Annexed to the Town of Kincardine", hereby agreed to as an amount of $5,504.91, pro-rated accordingly if annexation day is a other than January 1st; real lands the and and date Year 2 80% of the annual amount (not pro-rated) paid in "Year 1", being $4,403.93; Year 3 - 60% of the amount paid in "Year 111, being · $3,302.95; Year 4 - 40% of the amount paid in "Year 111, being $2,201.96; Year 5 - 20% of the amount paid in "Year l", being $1,100.98. 4. BUSINESS TAXES · 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; --- .. ./3 . - .. ,_ .I" ~ . < · · · · ,# .f , . . . Page 3 Annexation Agreement Township by-laws of The Corporation of the Township of Kincardine passed under section 45, 58 or 61 of ~ 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; 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. E. 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 the Township passed under section 3 of the Charaes Act shall remain in force until 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 MuniciDal Boundarv Neaotiations Act. ,'7 .. ./4 -. . . e ,. '.. :, ... '!..c > . . Page 4 Annexation Agreement B. The parties recognize that tnis Agreement does not in any way bind the Province of'~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 prov~s~on 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: ) L/~ ,..., ~~:v;~~::c ) Charles W. Mann,~~or ~ _ ,," ) = -=, - ~ :" ) ~ / ) "": ::", ). ;,'.....,'::::::'>.... ) Maureen A. Couture, 'Clérl(~"" ) ) ) ) THE CORPORATION OF THE ) TOWNSHIP OF KINCARDINE: ) ) ) ) ) ) ) ) ) ) ) -- --_.~-~:- ~~ Weir eane, Reeve -- -'/ -' -" .' - - ' .. -~--.':: ,:: . '- -_.- .' '~ .' , ~.. ., tþ · · · ~ " " . . APPENDIX "A" AREA TO BE ANNEXED TO THE TOWN OF KINCARDINE . . ð' . The lands and prem~ses ~n the Townsh~p of County of Bruce, containing 640 acres more or particularly described as follows: Kincardine, less, more FIRSTLY: S.D.R. i 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.