10-28C® TY F ELC~I
13y-Law ®. 10-2~
"13E1 C~ ~i Y-I_~, 1'® TH®RIZE THE Sf3 ISSI F I~ESTI2CT RI G
PR®P®SL (SIJ1'FIEI~L ®LI E) f3 REPRT T1'hIE
I ISTEI~ ®F U ICIPAL, P-FFIRS /~ FISI C~"
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 28, 2010, by the Municipality of
Central Elgin and the County of Elgin 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; and,
WHEREAS certain and specific lands are hereby annexed to the Municipality of
Central Elgin (Schedule B attached); and,
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 Schedule "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 315 DAY OF
AUGUST 2010.
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Bonnie Vowel,
Warden.
Chief Administrative Officer.
Appendix "A"
Restructuring Proposal
City ®f St. 't'h®rnas,lVlunieipality ®f Central Elgin,
C®unty ®f Elgin
1 . In this Proposal,
"City annexed area" means the area comprised of the lands described in Schedule "A" to this
Proposal;
"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 Proposal;
ANNEXATION
2. (1) On January 1, 2011, 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, 2011.
(3) Subject to subsection (2), assets and liabilities of the Municipality or the County that
are located in the City amlexed area remain the assets or liabilities of the Municipality or the
County, as the case may be.
BY-LAWS
3. (1) On January 1, 2011, 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 C'ha~ges 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 ContYOl 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 t11e 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 Linder the Planning Act, and that by-law, official
plan or amendment applies to the City amzexed 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.
A~~Il$L A~S~ PT3l~
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 9157, Part PIN 35164-1506, Geographic Township of Yarmouth, City of 5t. Thomas,
County of Elgin