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09-41COUNTY OF ELGIN By-Law No. 09-41 "BEING A BY-LAW TO AUTHORIZE THE SUBMISSION OF A RESTRUCTURING PROPOSAL (SUTHERLAND LINE) AND REPORT TO THE MINISTER OF MUNICIPAL AFFAIRS AND HOUSING" WHEREAS Section 173 of the Municipal Act, S.O. 2001, Chapter 25, and amendments thereto, provides the authority for municipalities to enter into restructuring proposals to restructure municipalities and to submit a restructuring proposal to the Minister of Municipal Affairs and Housing; WHEREAS a joint public meeting was held on June 18, 2007, by the Municipality of Central Elgin, the County of Elgin and the City of St. Thomas to consult with the public on the restructuring proposal; and WHEREAS the Councils of the Corporation of the Municipality of Central Elgin, the Corporation of the County of Elgin, and the Corporation of the City of St. Thomas are in support of the said restructuring proposal; NOW THEREFORE the Council of the Corporation of the County of Elgin enacts as follows: 1. THAT the Chief Administrative Officer/Clerk be authorized and is hereby instructed to submit the restructuring proposal to the Ministry of Municipal Affairs and Housing for approval by an Order from the Minister to implement the restructuring proposal. 2. THAT a copy of said restructuring proposal shall be attached to this by-law as Appendix "A" and Schedules "A B" will form part of this by-law. 3. THAT this by-law shall come into force and effect on the final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 10 DAY OF DECEMBER 2009. Mark G. McDonald, Chief Administrative Officer. onnie Vowel, Warden. CORPORATION OF THE COUNTY OF ELGIN CLERK'S STATUTORY DECLARATION In the matter of a Municipal Boundary Adjustment between the City of St. Thomas and the Municipality of Central Elgin within the County of Elgin pursuant to Sections 171 -179 of the Municipal Act, S.O. 2001, Chapter 25: I, Mark McDonald, Chief Administrative Officer /Clerk of the County of Elgin do solemnly declare to the best of my knowledge and belief: 1. That a public meeting was held on June 18, 2007, between the hours of 6:00 p.m. and 6:04 p.m. to inform the public of a restructuring proposal to transfer parcels of land located in the Municipality of Central Elgin to the City of St. Thomas, and a parcel of land in the City of St. Thomas to the Municipality of Central Elgin within the County of Elgin in accordance with Section 173(3). 2. That persons attending the said public meeting were provided with a copy of the draft proposal. This proposal was made available at the Clerk's office. 3. That the purpose and effect of the restructuring proposal were explained at the said public meeting and all persons attending were given the opportunity to make inquiries and present comments on the restructuring proposal. 4. That a Public Notice of the June 18, 2007 public information meeting was given in the following manner: St. Thomas Times Journal: Wednesday, May 30, 2007 City Council Agenda; Monday, June 4, 2007 and Monday, June 11, 2007 5. That there were no written and verbal comments from the public concerning the proposed restructuring prior to the consideration of the by -law. 6. That there were no written comments from those First Nations notified as per the attached list in response to written consultation dated April 8, 2009 concerning the proposed restructuring prior to the consideration of the by- law. 7. That on December 10 2009 the Council of the County of Elgin voted to support the restructuring proposal attached hereto. A certified copy of Council's by -law is also attached hereto. I make solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. Declared at the Municipality of Central Elgin this 10 day of December, 2009. Commissioner- Ma Mc Chief Administrative Officer /Clerk APPENDIX "A" By -Law No. 09 41 ORDER MADE UNDER THE MUNICIPAL ACT, 2001, S.O. 2001, C. 25 COUNTY OF ELGIN, CITY OF ST. THOMAS, MUNICIPALITY OF CENTRAL ELGIN DEFINITIONS 1 In this Order, "City annexed area" means the area comprised of the lands described in Schedule "A" to this Order; "City" means The Corporation of the City of St. Thomas; "County of Elgin" means The Corporation of the County of Elgin; "Municipality" means The Corporation of the Municipality of Central Elgin; and "Municipality annexed area" means the area comprised of the lands described in Schedule "B" to this Order; ANNEXATION 2. (1) On January 1, 2010, the portion of the Municipality described in Schedule "A" is annexed to the City. (2) All real property including any highway, street fixture, waterline, easement and restrictive covenant running with the land of the Municipality located in the City annexed area vests in the City on January 1, 2010. (3) Subject to subsection (2), assets and liabilities of the Municipality or the County that are located in the City annexed area remain the assets or liabilities of the Municipality or the County, as the case may be. 3. (1) On January 1, 2010, the portion of the City described in Schedule "B" is annexed to the Municipality and forms part of Ward Four of the Municipality. (2) All real property including any highway, street fixture, waterline, easement and restrictive covenant running with the land of the City located in the Municipality annexed area vests in the Municipality on January 1, 2010. (3) Subject to subsection (2), assets and liabilities of the City or the County that are located in the Municipality annexed area remain the assets or liabilities of the City or the County, as the case may be. ASSESSMENT 4. For the purposes of the assessment roll to be prepared for the City under the Assessment Act, the City annexed area shall be deemed to be part of the City and the City annexed area shall be assessed on the same basis that the assessment roll for the City is prepared. 5. For the purposes of the assessment roll to be prepared for the Municipality under the Assessment Act, the Municipality annexed area shall be deemed to be part of the Municipality and the Municipality annexed area shall be assessed on the same basis that the assessment roll for the Municipality is prepared. BY -LAWS 6. (1) On January 1, 2010, the by -laws of the City extend to the City annexed area and the by -laws of the Municipality cease to apply to such area except, (a) by -laws of the Municipality, (i) that were passed under section 34 or 41 of the Planning Act or a predecessor of those sections; and (ii) that were passed under the Highway Traffic Act or the Municipal Act, 2001 or a predecessor of those Acts 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, which shall remain in force until amended or repealed by the council of the City; (b) by -laws of the Municipality passed under the Development Charges Act which shall remain in force until repealed by the council of the City or expire under that Act; and (c) by -laws of the Municipality passed under sections 45, 58 or 61 of the Drainage Act or a predecessor of those sections; (d) by -laws of the Municipality passed under section 10 of the Weed Control Act and (e) by -laws conferring rights, privileges, franchises, immunities or exemptions that could not have been lawfully repealed by the council of the Municipality. (2) The official plan of the Municipality, as it applies to the City annexed area, and approved under the Planning Act or a predecessor of that Act, becomes an official plan of the City and shall remain in force until amended or repealed. (3) If the Municipality has commenced procedures to enact a by -law under any Act or to adopt an official plan or an amendment thereto under the Planning Act, and that by -law, official plan or amendment applies to the City annexed area and is not in force on January 1, 2010, the council of the City may continue the procedures to enact the by -law or adopt the official plan or amendment to the extent that it applies to the City annexed area. 7. (1) On January 1, 2010, the by -laws of the Municipality extend to the Municipality annexed area and the by -laws of the City cease to apply to such area except, (a) by -laws of the City, (i) that were passed under section 34 or 41 of the Planning Act or a predecessor of those sections; and (ii) that were passed under the Highway Traffic Act or the Municipal Act, 2001 or a predecessor of those Acts 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, which shall remain in force until amended or repealed by the council of the Municipality; (b) by -laws of the City passed under the Development Charges Act which shall remain in force until repealed by the council of the Municipality or expire under that Act; and (c) by -laws of the City passed under sections 45. 58 or 61 of the Drainage Act or a predecessor of those. sections; (d) by -laws of the City passed under section 10 of the Weed Control Act; and (e) by -laws conferring rights, privileges, franchises, immunities or exemptions that could not have been lawfully repealed by the council of the City. (2) The official plan of the City, as it applies to the Municipality annexed area, and approved under the Planning Act or a predecessor of that Act, becomes an official plan of the Municipality and shall remain in force until amended or repealed. (3) If the City has commenced procedures to enact a by -law under any Act or to adopt an official plan or an amendment thereto under the Planning Act, and that bylaw, official plan or amendment applies to the Municipality annexed area and is not in force on January 1, 2010, the council of the Municipality may continue the procedures to enact the by -law or adopt the official plan or amendment to the extent that it applies to the Municipality annexed area. Dated on the th day of 2009. Minister of Municipal Affairs and Housing SCHEDULE "A" LEGAL DESCRIPTION Part Lot 6, Concession 10, being Part 2 on Reference Plan 11R Part PIN 35164- 0715, Geographic Township of Yarmouth, Municipality of Central Elgin, County of elgin SCHEDULE "B" LEGAL DESCRIPTION Part of Road Allowance between Concession 10 and Range 2, North of Edgeware Road, Part Lot 6, Concession 10, Range 2, North of Edgeware Road, being Part 1 on Reference Plan 11R Part PIN 35162 -0102, Geographic Township of Yarmouth, City of St. Thomas, County of Elgin