16-23M-0
DIVINE,
a0v
By -Law No. 16-23
WHEREAS Section 173 of the Municipal Act, 2001, S.O. 2001, Chapter 25, as
.?mended, (hereinafter the "Act") provides the authority for municipalities to make a
restructuring proposal to restructure municipalities;
AND WHEREAS the Council of Township of Malahide, the Council of the Town of
Aylmer, and the Council of the County of Elgin have considered the merits of a
Restructuring Proposal to annex Part of Lot 83, Concession North of Talbot Road, located
within the Township of Malahide, in the County of Elgin, designated as Part 1 on Plan 11 R=
10052 (hereinafter cc annexed lands"), known municipally as 516 John Street North, and
commonly referred to as the Elgin Innovation Centre;
AND WHEREAS the annexation to the Town of Aylmer of the annexed lands will
Q,erve to facilitate the proper and orderly re -development of the annexed lands and the
provision of services thereto in order to foster the current and future economic well-being,
of the Township of Malahide, the Town of Aylmer, and the County of Elgin;
AND WHEREAS notice of a public meeting for the purpose of public input was
given by the Township of Malahide, the Town of Aylmer, and the C ' ounty of Elgin, and a
Joint Public Meeting was held on Thursday, September 8, 2016 to consult with the public
on the Restructuring Proposal;
AND WHEREAS comments were solicited at the Joint Public Meeting and three
submissions were received by the Township of Malahide, but none were received by the
Town of Aylmer or the County of Elgin regarding the Restructuring Proposal;
AND WHEREAS the Council of the County of Elgin has deemed it appropriate in
ihe circumstances to confirm its support of the Restructuring Proposal and to submit the
Restructuring Proposal to the Minister of Municipal Affairs for approval and issuance of ar
Order to implement the Restructuring Proposal;
NOW THEREFORE the Council of The Corporation of the County of Elgin hereby
,.-.nacts as follows:
1 . THAT The Corporation of the County of Elgin hereby confirms its support for the
Restructuring Proposal, as attached hereto as Schedule "A" and forming a part of this B
law. I
2. THAT The Corporation of the County of Elgin hereby authorizes the submission of
the Restructuring Proposal to the Minister of Mupal Affairs for approval by the issuanc.--
of an Order in accordance with Section 173(4) of the Municipal Act, 2001.
3. THAT this By-law shall come into force and take effect on the final passing thereof.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 13 TH DAY OF
SEPTEMBER 2016.
M a r k G__M- —c D—o —nal 'd,
Chief Administrative Officer.
Bernie Wiehle,
VIN F. T,•k
Schedule
to By-law No. 16-23
s}
Restructuring Municipal
FIN MR., 11 imlxirpipt
�a
Proposal,
"Annexed area" means the area comprised of the lands described in Schedule `A' to
this proposal;
"Town" - Corporation of TownofAylmer;r •
On January 2017, - lands describedin Schedule •, proposal r -
to be annexed to the Town.
(2) All real property of the Township, including highway, street fixtures, waterlines,
sewer mains, and any restrictive covenants running with the real property,
located in the annexed area, vests to the Town on January 1, 2017.
(3) Save and except for the property referred to and contemplated by Section 2
above, r otherTownship assets • r+• in + annexed
area and
all
liabilities associated with Township jurisdiction over the annexed area up to
and including December 31, 2016, shall remain the property andfor
responsibility of the Township.
(4) Despite subsection 2(2), any litigation commenced prior to January 1, 2017,
with respect to the annexed area described in Schedule 'A' remains the
obligations of the Township.
3. The Town shall pay to the Township an amount equal to 40% of the municipal taxes
that would otherwise have become owing to the Township by owners of properties
located within the annexed area and for a period of 10 years following the effective
date of restructuring, • e 1.• - same assessmentr • tax rates
asapplicable •..
4. All real property taxes, rates and charges levied, assessed or imposed under any
general or special Act in the annexed area or on persons in respect of the annexed
area which remain due and unpaid at the end of December 31, 2016 shall be
deemed on January 1 1 2017 to be real property taxes, rates and charges due and
owing to the Town and the Town has the same power to collect and enforce payment
of those taxes, rates and charges as the Township would have had if the annexed
area had remained a part of the Township.
5. (1) Prior to March 1, 2017, the Treasurer of the Township shall, in respect of
the annexed area, prepare and furnish to the Treasurer of the Town a special
tax roll showing all arrears of real property taxes, rates and charges that were
levied 7 assessed or imposed in the annexed area or on persons in respect of
the annexed area up to and including December 31, 2016.
(2) Within 30 days from the day that the special tax roll is furnished under
subsection (a) or by March 1, 2017, whichever is later, the Town shall pay to
the Township an amount equal to the amount of the arrears of real property
taxes, rates and charges mentioned in subsection (1).
6. For the purposes of the assessment rolls to be prepared for the Town and the
Township for the purpose of taxation in 2017, the annexed area shall be deemed to
be a part of the Town.
7. On January 1, 2017, the by-laws of the Town shall extend to the annexed
area in Schedule 'A' and the by-laws of the Township shall cease to apply to
such area except,
(a) By-laws of the Township
(i) that were passed under section 34 or 41 of the Planning Act or a
predecessor of those sections; or
(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
the 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 and effect until repealed by the Council of
the Town;
(b) By laws passed under the Development Charges Act;
(c) By-laws passed under section 45, 58 or 61 of the Drainage Act or a
predecessor of those sections; and
(d) By-laws of the Township conferring rights, privileges, franchises,
immunities or exemptions that could not have been lawfully repealed by
the Township.
(2) The Official Plan of the Township insofar as it applies to the annexed area,
and as approved under the Planning Act or a predecessor of that Act,
becomes an official plan of the Town and shall remain in force until amende4l
or repealed.
(3) If the Township 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 annexed area and i
not in force on January 1, 2017, the Council of the Town may continue the
procedures to enact the by-law or adopt the official plan or amendment to the
extent that applies to the annexed area. I
8. (1) If a dispute arises with respect to any issue relating to the interpretation of
this Proposal or any subsequent Ministerial Order, any of the municipalities
may refer the matter in dispute for resolution through mediation. The mediator
shall be agreed upon by all parties.
(2) If the dispute is not resolved through mediation or the parties cannot agree
upon the selection of a mediator, then the matter may be referred to
arbitration, to be conducted in accordance with the provision of the Arbitration
Act, 1991, S.O. 1991, c. 7, as amended, except as provided herein.
(3) Where a dispute is referred to arbitration under subsection 8(2), the decisior
of the arbitrator shall be final.
(4) If the Town and Township are parties to a mediation under subsection 8(1) or
arbitration under subsection 8(2), the costs associated with the mediation or
arbitration proceedings shall be shared equally between the municipalities.
SCHEDULEW
to
Restructuring Proposal under Section 173 of the Municipal Act, 2001
ffrow"IffiVemli 1 &1111'111191���
Description of the lands to be annexed from the Township of Malahide to the Town of
Aylmer:
That Part of Lot 83, Concession North of Talbot Road, located within the Township
of Malahide, in the County of Elgin, designated as Part 1 on
Plan 11 R-1 0052.
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LOT 113, 0011IMSSM 111111114
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