2325
,¡
COUNTY OF ELGIN
By-Lm·, No. 2325
"BE ING A BY -LAW TO AU1'HORI¿;E THE I^I"ARDEN AND THE CLEli:K OF THE COUNTY
TO SIGN 1\N AGl'iEEMENT BE'l'WEEN THE MINISTRY OF TREASURY ECONOMICS
. .L-
AND INTERGOVEI;:NJ'f1ENTAL AFFAIRS, THE COUNTY OF ELGIN AND TI-IE CITY
OF ST. THOMAS AND-MR. STEPHEN H. JANES RESPECTING AN ELGIN
COUNTY RESTRUCTUIUNG STUDY."
WHEli:EAS it is deemed advisable that a. Restructuring
Study be carried out for the City of St. Thomas and the County
of Elgin;
AND vnIEREAS an l\greement between the Ministry of
Trea_sury, Economics and Intergovernmental Affairs, the County
of Elgin and the City of St. Thomas and Mr. Stephen H. Janes,
is required in order to participate in a local government
restructuring study.
NOW THEl'iEFOEE the Council of the Corporation of the
County of Elgin enacts as follows:
THAT the Warden a.nd the Clerk of the County of Elgin
be and are hereby authorized to sign for and on behalf of the
County of Elgin,the County Restructuring Study Agreement, a
copy of which is attached hereto and marked "Annex A".
READ a first time this 16th day of October, 1974.
Ii:EAD a second time this 16th day of October, 1974.
READ a. third time and finally passed this 16th day of October, 1974.
t-L._ - q4
,
L. Johnson R. 1- Lake,
Clerk Warden
j
',\:)
IE.;,~-,,_w_.,. ,,~'"'' C·.".,
-
,,--,,---
------
"
(a) an outline of the s~udy procedure to be
followed by the Co~issiðher,
:)
2. And that the study~þ~ospectus
shall include but not be limited to:
Ð
where referred to herein
1. That the study area where referred to herein shall be
defined as that area lying within and adjacent to the
Participating Municipalities.
Now therefore this Agreement witnesseth that in
consideration of the premises and covenants the Parties
hereto, for themselves, their respective successors, and
assignees hereby agree as follows;
And whereas the Province is desirous of assisting in
the implementation of the aforementioned study.
Whereas the participating Municipalities have by
resolution of their respective municipal councils, certified
copies of which resolutions are attached hereto and labelled
Schedule A to this Agreement, agreed to participate in a
local government restructuring study
and
Stephen H. Janes,
hereinafter referred to as the
" Commissioner"
OF THE THIRD PART
The City of St. Thomas,
The County of Elgin,
hereinafter referred to as the
"Participating Municipalities"
OF THE SECOND PART
and
Between
Her Majesty The Queen in right
of the Province of Ontario as
represented by the Treasurer of
Ontario and Minister of Economics
and Intergovernmental Affairs
hereinafter referred to as the
" province"
OF THE FIRST PART
Memorandum of Agreement made in
21st day of October 1974,
quadruplicate this
A.D
COUNTY RESTRUCTURING STUDY AGREEMENT
COUNTY OF ELGIN
2
2. (b) a detailed budget for the restructuring s~µdy
said budget to include but not be limited to the
total ~stimated cost of the preparation and
comrle~ion of all study documents and materials
reláted thereto, staff fee schedules .and other
expè~ditures do~sidered by the Commissioner to be
necessary in the performance of his duties
purSuant to this Agreement".
(ó) a.list of the proposed staff, including
consultants ~hich the Commissioner proposes to
retain including their duties and remuneration,
(d) a schedule of proposed hearings and pUblic
meetings ahd formal meetings with elected
representatives within the study area,
(e) the number and quantity of documents to be
made available by the Commissioner to the Parties
to this Agreement and the public, and
(f) other matters necessary, in the opinion of the
Commissioner, to the restructuring study.
3. And that the study documents where referred to herein
shall include the study prospectus, the study report and
any other materials or documents prepared or designated by
the Commissioner.
4. And that the Province and the Participating Municipal-
ities shall hire the services of Stephen H. Janes as Commissioner.
5. And that the Commissioner shall:
(a) examine, evaluate and make recommendations
concerning all facets of the structure, organization,
and operation of local governments within the study
area, including but not to be limited to, municipal
governments, boards and commissions with specific
reference being ·made to:
(i) population pressures and constraints
on growth,
(H) anticipated future development, population
and economic growth patterns of the study
area and with particular reference to the
servicing requirements of the municipalities,
(Hi) existing communities of interest,
(iv) boundaries of both local and county
municipalities within the study area,
,'. , ~,
(v) one or two level county government,
(vi) amalgamations, annexations and
consogdatiÓ'ì\p,
,j
"
1'..
~~:;;~::~'~:'-~;;'
_m__._ ,'..',..",_,.______u_, .
.-",' "....--"-,...---..,.,..,,.-.....,.-,..
.,....., .. ......
-"'-'-----'-'-''-''-'=''''-''-'''_._~'''-.'-'-,'-
--
_u
-- --_._----_.._~..._.__.. ...
___ ___n.".'_,".__.._____ _________________
.. "_..__._.._ __~_._ ________,__ _m._'___ ___~_._..._____,....,________._._,...____
____.,,___________ "n"___" _ ._._m ___..___________ _____________'.n
--------- -- ..-..-.----------......
-- -----~
-----..".."....,.-."
-
--_.~
"
(f) not use or p¢~roit the use of any materials
prepared pursuant ):"0 .this Agreement without the
authorized written' consents of both the Province and
the Participating Munic~ralities other than those
materials used by Gthe Commissioner in the preparation
of the study documents,
.J.
(e) make representation and
or other interest personally
or indirectly held by him or
or related to the study area
,
warranty of any financial
or by contract directly
his immediate family in
(d) exercise his discretion in receiving and analyzing
briefs, submissions, studies, plans, data, drawings
and documents from interested parties and in including
all or portions of such materials in the study documents,
(c) maintain a local office available to the public
staffed during the life of the study program at a
location within the study area agreed to from time to
time by the parties to this Agreement,
(b) encourage public awareness of and participation
in the ìssues a:3::Jociat.Gd· t:Il t}~<_~. :~:-2;si:ruct...t.l.:ti2";g study
through, but not limited to, the holding of public
meetings throughout the study area and by providing
copies of the study's findings and recommendations to
the public in the study area,
5.
any other matters which in the opinion
of the Commissioner are related to the
local government within the study area
¡
(xvi)
(xv)
responsive local government decision-
making and the accountability of elected
and appointed officials, and
the role and seleCtion of the heads of
council
(xiv)
the organization of council and its
co~~ittees with particular reference to
roles and systems of pOlicy-making and
implementation
(xiii
(xii
a planning framework
the financial arrangements of
governments in the study area
.
.
(xi)
local
(x)
(ix
the resource and assessment base
a division of responsibilities between
the local and county municipalities,
.
,
operations of special purpose bodies and
their relationships to other local
governments in the study area
5
.
(viii)
(vii)
relationships amongst the municipalities
in the study area;
3
.,~
~J
10. And that all materiq~s com~iled or purchased by the
Commissioner pursuant to this Agreement, including but not
to be limited to equipmen~;, d~ta, drawings, plans, studies
and documents shall be andrremain the property of the
Province and the Participating Municipalities.
9. And that approval of the study prospectus with or
without amendments shall, º~.:!given before the Commissioner
may continue with the study'~
,
8. And that any alteration, addition, or amendment to the
study prospectus, including but not limited to, matters of
cost, procedure or services to be performed by the Commissioner,
must have the authorized written approvals of the Province,
the Commissioner, and the Participating Municipalities,
7. And that within 30 days of receipt of the completed
study prospectus the Province and the Participating
Municipalities will review same and either approve or seek
alterations, additions, or amendments to the study prospectus.
6. And that for the purpose of preparing the study
prospectus and the study report and any other related
documents the province and the Participating Municipalities
shall, where in the opinion of the Province and/or the
Participating Municipalities there is no breach of confidentiality,
make all relevant materials available to the Commissioner
said materials to include but not be limited to relevant data,
drawings, plans, studies and documents.
(k) be discharged of all his obligations related
to this Agreement upon the receipt by the Province and
the Participating Municipalities of the completed
study report.
any sum of money exceeding $5,000 until
receiving the authorized written approvals
to the study prospectus of both the
Province and the Participating Municipalities,
(2)
co~it nor authorize
any stirn of möney exceeding $5,000 not
accounteC¡ for it). the study prospectus
without the authorizedw:titten consents
of both the Þrovince áhd thé Participating
Municipali Hes,
neither
(1)
(j)
(i) maintain a liaison with the Province and the
Participating Municipalities thrott~ñout the study,
the commitment of
(h) prepare, complete and submit by the 31st day
of March, 1976, a final study report to both the
Province and the Participating Municipalities,
(g) prepare, complete and submit by the 6th day of
November, 1974, a study prOSDectus to both the
Province and the Participating Municipalities,
5.
- 4
17.
$275
for
,
And that the Commfisioner shall be paid a salary of
per diem commencing 'the date of signature as billed
actual days work0d.
.:J
which is based on per capita as determined by the 1973
Provincial Census.
(b)
The City of St.
Thomas
40%
(a)
16. And that, within one (1) calendar year of receiving
the record referred to in clause 15 of this Agreement, the
Partici?ating Municipalities shall reimburse the Province
to the extent of one-half of all monies expended by the
Province pursuant to clause 14 of this Agreement on the
following percentage basis:
The County of Elgin
60%
15. And that the Province shall forward to the Treasurer
of each of the participating Municipalities a record of the
monies expended by the Province pursuant to clause 14 of this
Agreement.
14. And that the Province shall pay the cost, as determined
by the Province, whose decisions shall be final, of the
restructuring study as provided for by the commissioner
in the study prospectus
13. And that, where impractical to comply with clause 12
of this Agreement, the commissioner shall present receipts,
in a form acceptable to the Ministry of Treasury, Economics'
and Intergovernmental Affairs, for expenditures, incurred
by the Commissioner in the performance of his duties pursuant
to this Agreement, for the purposes of reimbursement,
The Manager
Structure policy Section
Local Governme~t Organization Branch
The Ministry of Treasury, Economics
and Intergovernmental Affairs
4th Floor, Frost Building North
Queen's Park, Toronto.
12. And that the Commissioner shall, subject to clause
of this Agreement, cause all expendi~:ures incurred in the
performance of his duties pursuant to this agreement to be
billed to:
13
11. And that upon completion of the study report the
Province and the Participating Municipalities shall
determine the disposition, possession, and use of all
materials compiled or purchased in relation to the study
by the Commissioner
r
5
"
22. And that notwithstanding this Agreement, neither
the Province nor the Participating Municipalities are
bound to act upon, obey, implement, or discharge any
suggestions or recommendations expressed in the study
prospectus or the study report
_J
21. And that no portion of this Agreement shall be
assigned without the authorized written consents of
both the Province and the Participating Municipalities
.
20.. And that no person br cÖÌ'r,jÖration other. than,tlie
Commissioner or per~onsdeslgnatèdby the Commissi9~er Shall
be ,entitled to receive any :i:'ei1'!'.bursement or .other dompen-
satiön from the Province or.th~ p~r~iciþ~tlng Municipalities
for any material§ or þreparation of any materials, including
but rtðt to be liIrt:U::etl to documents, submissions, briefs,
data, drawings, studies, and plans authorized by the Province
or the Participating Municipalities intended for the use of
the Parties to this1\.greement for the purposos of the
restructuring study
19. And that the Commissioner shall indemnify and
save harmlesS the Province and the participatihg r~uniçip&lìties
from and against any claim, action, cau~e of action, suit¡
demand and/or liability for loss, expeMG, cost or damage of
every .nattireand kind whatsoever ámc)ng, due to,oût df,from,
or in c<;>n!1ection with the work und¡,):tt.!iken and performed by
the CoÌ1lfuissioner, his agent(s), employee(s), or öffider(s)
pursuant to this Agreement. .
18. And that, in addition to the amount set out in clause
17 of this Agreement, effective during the period set out
therein, the Commissioner shall, in accordance with the
Regulations of the Province pertaining to a provincial
employee, be reimbursed for travel expenses necessarily,
in the opinion of the Province, incurred in the performance
of his duties as Commissioner.
6
7
In Witness Whereof the Treasurer of Ontario and Minister
of Economics and Intergovernmental Affairs on behalf of
the Party of the First Part has hereunto subscribed his
signature, the Parties of the Second Part have hereunto
affixed their corporate seals under the hands of their
proper officers düly authorized in that behalf, and the
Party of the Third Part has hereunto subscribed his signa-
ture.
Signed and Delivered this /Cu 'day of. ~ (... 1974
and of
and
nmenta1 Affairs.
The Corporation of The County
of Elgin:
/~.,¿X
WARDEN
/¿cI~~ ,.
CLERK
The Corporation of The City of
St. Thomas:
- ,. ~
( -
e:-
.,-
'/
- - ="'"
, J
IN THE PRESENCE OF
:::
;:: ,. ~
,,; o:!
CO
.Ó
.¡>,
I
11
This is Schedule A
to Agreement dated
October 16th, 1974
respecting the County
of Elgin Restructuring
Study
I, H. L. Johnson, Clerk of the Corporation of the County
..- ,. .,.-
6f-Elgin,'d6 hereby certify that the fOllowing is a true copy
of a resolution adopted by the Elgin County Council on
OctQber 16th, 1974.
"THAT: The Council of the County of Elgin
agrees to participate with the Ministry
of Treasury, Economics and Intergovernmental
Affairs and the City of St. Thomas, in a
local government restructuring study for the
County of Elgin and City of St. Thomas."
seal f/J~",
¿ff'L. Johnson
County Clerk
I, Robert A. Barrett, Clerk-Administrator of the
Corporation of the City of St. Thomas, do hereby certify that
the following is a true copy of a resolution adopted by the
City Council on October 21st, 197~.
"THAT: The Council of the City of St. Thomas
agrees to participate with: the Ministry of
Treasury, Economics and Intergovernmental
Affairs and the County of Elgin, in a local
government restructuring study for the County
of Elgin and City of St. Thomas."
- ~
R. A. Barrett
City Clerk-Administrator
.)
,\"
·
,:;
C. P. Honey,
Assistant Deputy Minister,
Urban and Regional Affairs
Attach
/¿- ,
,
Yours truly
,
Let me take this opportunity to wish every success
to the Commissioner, the City of St. Thomas and the
County of Elgin as they undertake this important
task
On behalf of the Honourable John White, Minister of
Treasury Economics and Intergovernmental Affairs, it
is my pleasure to inform you that the Province of
Ontario has approved both the Elgin County Restructuring
Study Agreement and the Study Prospectus dated
November 6, 1974. I am attaching a copy of the
signed Restructuring Study Agreement for your files
Dear Mr
Mr. H. L. JOhnson,
County Clerk-Treasurer,
County of Elgin,
Court House,
st. Thomas, Ontario.
Johnson
December
20
,
1974
Ministry of Treasury
Economics and
Intergovernmental
Affairs
RECEIVED In: c .~
b
1§~
Queen's Park
Toronto Ontario
®
Ontario