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THE CORPORATION OF THE COUNTY OF ESSEX <br />BY -LAW NUMBER 16 -2011 <br />A BY -LAW AUTHORIZING THE <br />ALLOCATION OF FUNDS TO THE <br />CORPORATION OF THE MUNICIPALITY OF <br />LEAMINGTON 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 <br />DEAL FOR CITIES AND COMMUNITIES <br />MADE AS OF DECEMBER 21, 2005 <br />Capitalized terms used in this By -law and not defined <br />below shall have the meanings ascribed to them in the <br />Municipal Funding Agreement. <br />WHEREAS The Corporation of the County of Essex (the "Upper - <br />tier Municipalit has entered into the a -greemen_t with-The <br />Association of Municipalities of Ontario ( "AMO ") for the transfer of <br />federal gas tax revenues under the new deal for cities and <br />communities made as of December 21, 2005 (the "Municipal <br />Funding Agreement"'); <br />AND WHEREAS Section 6.1 of the Municipal Funding Agreement <br />provides that AMO will allocate the Funds to Recipients on a per capita <br />basis with allocations made on a 50:50 basis to Upper Tier <br />Municipalities and Lower Tier Municipalities, where they exist; <br />AND WHEREAS Section 6.2 of the Municipal Funding Agreement <br />further provides that where a Recipient decides to allocate Funds to <br />another Eligible Recipient it must be done by by -law. The by -law must <br />be passed and submitted annually to AMO on or before March 31st. <br />The by -law will identify the Eligible Recipient and the amount of Funds <br />the Eligible Recipient is receiving for that Municipal Fiscal Year; <br />AND WHEREAS Subsection 6.2.a. of the Municipal Funding <br />Agreement further provides that in the case of a Recipient transferring <br />Funds the Recipient is still required to submit an Annual Expenditure <br />Report as per Subsections 7.1.a., c. and f. of the Municipal Funding <br />Agreement. The Eligible Recipient is responsible for all other <br />