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<br />THE CORPORATION OF THE COUNTY OF ESSEX <br /> <br />BY-LAW NUMBER 04 - 2009 <br /> <br />A BY-LAW AUTHORIZING THE ALLOCATION OF <br />FUNDS TO THE CORPORATION OF THE TOWN <br />OF AMHERSTBURG IN ACCORDANCE WITH <br />SECTION 6 OF THE AGREEMENT WITH THE <br />ASSOCIATION OF MUNICIPALITIES OF <br />ONTARIO FOR THE TRANSFER OF FEDERAL <br />GAS TAX REVENUES UNDER THE NEW DEAL <br />FOR CITIES AND COMMUNITIES MADE AS OF <br />DECEMBER 21, 2005 <br /> <br />Capitalized terms used in this By-Ia\v 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 tIle transfer of federal gas tax revenlles Ullder tIle new deal for <br />cities and communities made as of December 21, 2005 (the "Municipal Funding <br />A'greement"); <br /> <br />AND WHEREAS Section 6.1 of the Mlmicipal Funding Agreement provides that <br />AMO will allocate tile Flmds to Recipients on a per capita basis witIl allocatiollS made all <br />a 50:50 basis to Upper Tier Municipalities and Lower Tier Municipalities, where they <br />exist; <br /> <br />AND WHEREAS Section 6.2 oftlle Municipal Funding Agreell1ent 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 31 st. The by-law will identify the Eligible Recipient and the amount of <br />Funds the Eligible Recipient is receiving for that Mlmicipal Fiscal Year; <br /> <br />AND WHEREAS Subsection 6.2.a. of the MlUlicipal Funding Agreement fitrther <br />provides that in the case ofa Recipient transfening Funds the Recipient is still required to <br />submit an Arumal Expenditure RepOli 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 aJ.ld 7.2 of tIle Mlmicipal Funding Agreelnellt; <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 7.34% of the Funds transferred by AMO to the Upper-tier <br />Municipality, to The Corporation of the Town of Amherstburg (the "Eligible Recipient") <br />in accordance with Section 6.2 of the Municipal Funding Agreement, more specifically <br />