18-2006 Section 6 Gas Tax By-law - Amherstburg

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THE CORPORATION OF THE COUNTY OF ESSEX BY-LAW NUMBER 18-2006 A BY-LAW AUTHORIZING THE ALLOCATION OF FUNDS TO THE CORPORATION OF THE TOWN OF AMHERSTBURG IN ACCORDANCE WITH SECTION 6 OF THE AGREEMENT WITH THE ASSOCIA TION OF MUNICIPALITIES OF ONTARIO FOR THE TRANSFER OF FEDERAL GAS TAX REVENUES UNDER THE NEW DEAL FOR CITIES AND COMMUNITIES MADE AS OF DECEMBER 21, 2005 Capitalized terms used in this By-law and not defined below shall have the meanings ascribed to them in the Municipal Funding Agreement. WHEREAS The Corporation of the County of Essex (the "Upper-tier Municipality") has entered into the agreement with The Association of Municipalities of Ontario ("AMO") for the transfer of federal gas tax revenues under the new deal for cities and communities made as of December 21,2005 (the "Municipal Funding Agreement") ; AND WHEREAS Section 6.1 of the Municipal Funding Agreement provides that AMO will allocate the Funds to Recipients on a per capita basis with allocations made on a 50:50 basis to Upper Tier Municipalities and Lower Tier Municipalities, where they exist; AND WHEREAS Section 6.2 of the Municipal Funding Agreement further provides that where a Recipient decides to allocate Funds to another Eligible Recipient it must be done by by-law. The by-law must be passed and submitted annually to AMO on or before March 31st. The by-law will identify the Eligible Recipient and the amount of Funds the Eligible Recipient is receiving for that Municipal Fiscal Year; AND WHEREAS Subsection 6.2.a. of the Municipal Funding Agreement further provides that in the case of a Recipient transferring Funds the Recipient is still required to submit an Annual Expenditure Report as per Subsections 7 .1.a., c. and f. of the Municipal Funding Agreement. The Eligible Recipient is responsible for all other provisions of Sections 7.1 and 7.2 of the Municipal Funding Agreement; AND WHEREAS the Upper-tier Municipality constitutes a Recipient under the Municipal Funding Agreement and the Upper-tier Municipality has indicated that it is willing to allocate 7.34% of the Funds transferred by AMO to the Upper-tier Municipality, to The Corporation of the Town of Amherstburg (the "Eligible Recipient") in accordance with Section 6.2 of the Municipal Funding Agreement, more specifically on the basis set out in Schedule "A" attached hereto and forming part of this By-law ("Schedule "A"");