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<br />THE CORPORATION OF THE COUNTY OF ESSEX <br /> <br />BY-LAW NUMBER 67-2009 <br /> <br />BEING A BY-LAW TO AUTHORIZE A SINGLE <br />RESIDENTIAL TAX RATE FOR MUNICIPAL <br />PURPOSES FOR THE MUNICIPAL CAPITAL <br />FACILITY FOR AFFORDABLE HOUSING <br />LOCATED ON LAND KNOWN MUNICIPALLY <br />AS 91-95 TALBOT STREET WEST IN THE <br />MUNICIPALITY OF LEAMINGTON <br /> <br />WHEREAS Section 110(1) of the Municipal Act, 2001 provides <br />that the council of a municipality may enter into agreements for the <br />provision of municipal capital facilities by any person; <br /> <br />AND WHEREAS Section 110(6) of the Municipal Act 2001, <br />provides that the council of a municipality may pass by-laws <br />exempting property, or a portion of it, from taxation for municipal and <br />school purposes on which municipal capital facilities are located; and <br /> <br />AND WHEREAS paragraph 18 of section 2 of Ontario Regulation <br />46/94, as amended, prescribes municipal facilities for municipal <br />housing project facilities as eligible municipal capital facilities; <br /> <br />AND WHEREAS at its meeting of September 8, 2008 the Council <br />of the Municipality of Leamington enacted By-law 869-08 which <br />authorized an agreement with the City of Windsor pursuant to the <br />Canada-Ontario Affordable Housing Program to support the application <br />by Youth and Family Resource Network County (herein, the "Housing <br />Provider") for property located at 91-95 Talbot Street West, and more <br />particularly described in Schedule "A"; <br /> <br />AND WHEREAS at its meeting of Octob~r, 19th, 2009, the Council <br />of the Municipality of Leamington enacted By-law 940-09 authorizing a <br />single residential tax rate for lower tier municipal purposes for the <br />municipal capital facility for affordable housing located at 91-95 Talbot <br />Street West, and more particularly described in Schedule "A"; <br /> <br />NOW THEREFORE the Council of the County of Essex hereby <br />enacts as follows: <br /> <br />1. Eleven residential units on the Premises shall be assessed at a <br />single residential tax rate for county municipal purposes while <br />this by-law is in force and so long as the Premises are used by <br />