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<br />THE CORPORATION OF THE COUNTY OF ESSEX <br /> <br />BY-LA W NUMBER 26-2006 <br /> <br />A BY-LAW AUTHORIZING THE ALLOCATION OF <br />FUNDS TO THE CORPORA TION OF THE <br />MUNICIPALITY OF LEAMINGTON IN <br />ACCORDANCE WITH SECTION 6 OF THE <br />AGREEMENT WITH THE ASSOCIATION OF <br />MUNICIPALITIES OF ONTARIO FOR THE <br />TRANSFER OF FEDERAL GAS TAX REVENUES <br />UNDER THE NEW DEAL FOR CITIES AND <br />COMMUNITIES MADE AS OF DECEMBER 21, 2005 <br /> <br />Capitalized terms used in this By-law and not defined below shall have the <br />meanings ascribed to them in the Municipal Funding Agreement. <br /> <br />WHEREAS The Corporation of the County of Essex (the "Upper-tier <br />Municipality") has entered into the agreement with The Association of Municipalities of <br />Ontario ("AMO") for the transfer of federal gas tax revenues under the new deal for <br />cities and communities made as of December 21,2005 (the "Municipal Funding <br />Agreement") ; <br /> <br />AND WHEREAS Section 6.1 of the Municipal Funding Agreement provides that <br />AMO will allocate the Funds to Recipients on a per capita basis with allocations made on <br />a 50:50 basis to Upper Tier Municipalities and Lower Tier Municipalities, where they <br />exist; <br /> <br />AND WHEREAS Section 6.2 of the Municipal Funding Agreement further <br />provides that where a Recipient decides to allocate Funds to another Eligible Recipient it <br />must be done by by-law. The by-law must be passed and submitted annually to AMO on <br />or before March 31st. The by-law will identify the Eligible Recipient and the amount of <br />Funds the Eligible Recipient is receiving for that Municipal Fiscal Year; <br /> <br />AND WHEREAS Subsection 6.2.a. of the Municipal Funding Agreement further <br />provides that in the case of a Recipient transferring Funds the Recipient is still required to <br />submit an Annual Expenditure Report as per Subsections 7.1.a., c. and f. of the Municipal <br />Funding Agreement. The Eligible Recipient is responsible for all other provisions of <br />Sections 7.1 and 7.2 of the Municipal Funding Agreement; <br /> <br />AND WHEREAS the Upper-tier Municipality constitutes a Recipient under the <br />Municipal Funding Agreement and the Upper-tier Municipality has indicated that it is <br />willing to allocate 9.79% of the Funds transferred by AMO to the Upper-tier <br />Municipality, to The Corporation of the Municipality of Leamington (the "Eligible <br />Recipient") in accordance with Section 6.2 of the Municipal Funding Agreement, more <br />