10-29C®lJ TY F ELGI
13y-Law ®. 1-29
LLI~I_I (; ~, 13Y-L ~'® AfJTI'I®If21ZE THE S11 ISSI® ®F A FeESI'IRIr1C1'I,J I G
PR®P®SAL (SUTHERLA ®LI E) A IREP®RT TT 1=
I ISTEI~ F ICIAL AFFAIRS A USI (~„
WHEREAS Section 173 of the Municipal Act, 5.0. 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 City of St. Thomas
(Schedule A 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 "A" 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 31St DAY OF
AUGUST 2010.
~.,
~~``---'°~ Bonnie Vowel,
Warden.
Chief Administrative Officer.
Appendix "A"
Restructuring Pr®®sal
City of St. Th®as, Municipality ®f Central Agin,
C®unty ®f Agin
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; a11d
"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 City described in Schedule °'B" is annexed to
the Municipality and forms part of Ward pour 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 Mu~licipality amlexed area
vests in the Municipality on January 1, 2011.
(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 maybe.
EY-LAWS
3. (1) On January 1, 2011, 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 TNaffic 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 MLUiicipality;
(b) by-laws of the City passed under the Development Charges Act which shall remain in
force Lultil 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 Actor 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, off cial plan or
amendment applies to the Municipality annexed area and is not in force on January 1, 2010, the
cotmcil 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.
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Part Lot 6, Concession 10, being Part 2 on Reference Plan 11IZ 9157, Part PIN 35162-0102,
Geographic Township of Yarnzouth, Municipality of Central Elgin, County of Elgin