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THE CORPORATION OF THE COUNTY OF ESSEX <br />BY -LAW NUMBER 23 -2002 <br />BEING A BY -LAW TO PROVIDE FOR THE LIMITATION OF <br />TAX DECREASES FOR 2002 IN THE MULTI - RESIDENTIAL, <br />COMMERCIAL AND INDUSTRIAL PROPERTY CLASSES <br />WHEREAS the Continued Protection for Property Tax Payers Act, 2000 amended the <br />Municipal Act, by adding Part XXII.3, governing the 5% limit on tax increases for <br />2001 and future years for the multi - residential, commercial and industrial property <br />classes; <br />AND WHEREAS Section 447.67(1) of the Municipal Act, as amended, provides that <br />the Council of an upper -tier municipality may pass a by -law to establish a percentage <br />by which tax decreases are limited for 2002 in respect of properties in the multi - <br />residential, commercial and industrial property classes; <br />NOW THEREFORE, the Council of the Corporation of the County of Essex hereby <br />enacts as follows: <br />1) THAT the cut -off date for adjustments to the 2002 Frozen Assessment Listing and <br />Pre -Flip File be June 27 2002. <br />2) THAT the percentages for 2002 under Section 447.67(2) of the Municipal Act, as <br />amended, for the County of Essex shall be as indicated in the attached Schedule `A'. <br />3) THAT the Treasurer of each lower -tier municipality in the County of Essex shall <br />be advised by the upper -tier of the said date established in Section 1 and the 2002 tax <br />decrease phase -in percentages by class established in Section 2. <br />4) THAT the County of Essex shall provide adjustments between municipalities, in <br />the amounts established on Schedule `B', so that no lower -tier municipality has a <br />surplus or shortfall as a result of the application of this by -law. <br />5) THAT if the County of Essex experiences a shortfall as a result of the application <br />of Section 4, the shortfall shall be shared by the County of Essex and the lower -tier <br />municipalities in the same proportion as the municipalities share in the taxes levied on <br />the property class for municipal purposes. <br />6) THAT the taxes for municipal and school purposes for 2002 on a property subject <br />to this by -law shall be determined in accordance with Section 447.65(8) of the <br />Municipal Act, as amended. <br />7) This by -law shall come into force and take effect on the date of passing <br />