03-2009 Section Six Gas Tax LaSalle

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THE CORPORATION OF THE COUNTY OF ESSEX BY-LAW NUMBER 03 - 2009 A BY-LAW AUTHORIZING THE ALLOCATION OF FUNDS TO THE CORPORATION OF THE TOWN OF LASALLE IN ACCORDANCE WITH SECTION 6 OF THE AGREEMENT WITH THE ASSOCIATION 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 (;apitalizcd terms used in this By-law and not defined belolv shall 113ve the meanings ascribed to them in the Municipal Funding Agreement. WHEREAS TIle Corporation of tIle County of Essex (tIle "Upper-tier Municipality") has entered into the agreement with The Association of Municipalities of Ontario ("AMO") for tIle tr311sfer of federal gas tax revenlles Ullder tIle l1ew deal for cities and comnumities 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 tIle Flulds to Recipiellts 011 a per capita basis wit1l allocatiollS nlade 011 a 50:50 basis to Upper Tier Municipalities and Lower Tier Municipalities, where they exist; AND WHEREAS Section 6.2 of the Mlmicipal Flllldillg Agreemellt furtller 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 31 st. The by-law will identify the Eligible Recipient and the anl0ll11t of Funds the Eligible Recipient is receiving for that Municipal Fiscal Year; AND WHEREAS Subsection 6.2.a. of the Municipal Fll11ding Agreement further provides that in the case of a Recipient tral1sfening Funds the Recipient is sti1ll'equired to submit an Annual Expenditure Report as per Subsections 7.l.a., c. and f of the Municipal Funding Agreement. The Eligible Recipient is responsible for all other provisions of Sections 7.1 aJ.ld 7.2 of tile Municipal Fl1l1diIlg Agreell1ent; AND WHEREAS the Upper-tier Municipality constitutes a Recipient under the Municipal Fll11ding Agreement and the Upper-tier Municipality has indicated that it is willing to allocate 9.12% of the Funds transfened by AMO to the Upper-tier Municipality, to The Corporation of the Town of LaSalle (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 ("Sched ule "A"");