HomeMy WebLinkAbout2416AA By-law to authorize an agreement with the Town of Bowmanville respecting annexation of lands in the Township.
THE coRPORATIS>N of THE
TOWN OF BOWMANIIILLE
$1€-LAW 100. 69-12
A by-tar to authorize the entering
into of an agreement with the
To~mship of Darlington respecting
annexation of lands from the Torn-
ahig.
WHEREAS. tho Ontario Municipal Board by its Decision
dated the Slat day o! October, 196$, has authorisssd sad
directed the annexation to the Te~-n of Bowmanvilie of the
land more particularly described is Schedule A to this by-tar,
such annexation to be effective on and from the 1st day of
January, 1969; ,
AND WHEREAS by the. terms of the said Decision it is
provided that all ad3nsts{ants of assets and liabiliti•a ar+
pr+p•rly the aub~sc# of ad~uataNnt betresn the Tern sad the
Township of Darlington shall be euide as the said Municipal
Corporations may agree, or S.n default of agreement, as the.
Board slay order;
AND WHEREAS it has bean agreed that all such ad3ust-
meata shall be made in aecordaac•-with the terms of a draft
agreement hereunto annexed as-d marked SchsduU !! to this By-Lax;
NOW THEREFORE the Ceuacil of the Corporation of the
Toga of Bormanvi2le hereby EDTACTS AS FOLLOWS:
1. The Agressient dated the 16th day of May, 1969,
a cagy of which is hereto annexed as Schedule nB"
to this By-Lar, is hereby authorized, and the
Mayor and Clerk era hereby authorized to enecette
the same on behalf of the Corporation and to
affiz the Corporate Saal thereto.
READ a first, second and third time and finally passed this
p?"~ day of June, 1969.
SCHEDULE "A"
ATTACHED TO AHD FORMING
PART OF BY-LAW 69-12
ALL AND SINGULAR that certain parcel or tract of land and premises
situate, lying and being in the ToKnehip of Darlington, County of
Durham, province of Ontario, and being compoaedart ofrthaforigiaal
Tuelve (12), Thirteen (13) and Fourteen (14), p
Road Allowance betxssn Lots TKelve (12) and Thirteen (13) (Scugeg
Street) and part of the original Road AlloKance between Lots
Fourteen (14) and Fifteen (15) (Martin Road), all in the Hroken
Front Conceaalan of the said ToKnship of Darlington, the bonadaries
of the said parcel being sere particularly described as foliows:
COA4H;NCING at the North-Easterly angle of Township Lot Fifteen (1$)
in the Broken Front Concession of the said Township of Darlington;
THENCE Southerly along the Easterly iis:it of said Towarhip Lot 15
(being the Westerly limit of the original Road Allowance between
lots 14 sad 15 in the Broken Fraat Concession and known as
Martin Road) to the point of intersection Kith the North-Weatsrly
limit of the Canadian National Railwap right-of-Kay}
THEtiCE North-Easterly aloha the North-Westerly licit of the
Canadian National RailKay right-of-Kay to the point of iateraactiaa
with the Easterly limit of the said ToKnship Lot 12;
THENCE Northerly alone the Easterly limit of said Lot 12 (being
the szisting Westerly iimit of the Municipsl Corporation of the
TOwa of Howmaavilla) to the North Easterly angle thereof;
THENCE Westerly along the Northerly limits of said Township Lot
12, the original Road Allowance between Lats i2 sad 13 (Scugo;
Street): Township Lots 13 sad 14 sad the original Road Al1~aKanca
between Lota 14 and 15 (Martin Road), being the sxisti.ng
Southerly limit of the Municipal Corporation of the Town of
Bowmaaville, to the POINT OF COMIBrNCEMENT.
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scHEDULE "B~
` ATTACHED TO AND FDRMING
PART OF BY-LAW &9x12
ARTICLES OF AGREEMENT
scads in duplicate thls 16th day of May, A.D., 1969.
B E T W E E N:
THE CORPORATION OF THE TORN OF BOyIMANVILLE ,
hereinafter called the "Tova"
of the first part:
-and-
THE CORPORATION OF THE TOWDiSHIP OF DARLINGTON
hereinafter called the °Tonnshipp
of the second part:
iPHEREAS upon the applicstioa of the ToMn the Ontario
Municigal Hoard has by its Decision dated the 21st day of
October, 1968, directed that the aanoxatioa of thwt portion of
the Toxnship of Darlington, aora`particuiarly described in the
said I?ecisioa and eat out is Schedule A to this Agraessint,
shall beco:a effective on the let day of January, 1969.
AlfD WHEREAS it is necessary that the sinnicipalities
asks ad~aataent of assets and liabilities »iEh respect to the
area being annexed,
AND WHBREAS 1t has bwen agreed by and betvvean the
parties as hereinafter set out.
NOW THEREFORE THIS AGREEMENT WITIlESSETH that the
parties hers#o sntually cevenaat and agree to sad with each
other as follova:
1. The To»n shall pay to the Tormship os or before
the 1st dap of .duly, 1969, a: the To~rn's share of the anpaid
principal portion of debentures issued for the purposes of the
Meaarial Hospital Debenture outstanding at Deceabsr 31st, 1968,
the sus of (104,50, the said sus t+f~ng cooputed as follo~rs;
$$,050 taaaesaseiit of annexed area) -
$,766,998 (asseasaent of Torn'hip ) x 104,500 (unpaid
debenture)
X104.50
2. All. the fixed ~aseta and equlpsant of the Toxaship,
including real property and all school groperties situate rithin
the Township, sad all office equipsront, road aachinery, actor
vehicles, supplies and aquipsient sad other assets of a like
nature, and all read and swveable property, and all cash on hand
and on deposit in bank accounts, subsidies receivable, accounts
receivable, prepaid expenses and taxes receivable, including
arrears of taxes, Hour belonging to the Township or to any School
Board. operating within the Township, shall coatiaue to be the
property of the Toxnahip or oP such School Board, as the ease
say be, in the ease s~anaer as though the annexation order had
~-t bewn wade.
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3. It is Pnrthsr declared and aarsed by sad between
the parties hereto that the Order of the Board toSether xith
this aEresment is intended to conatituts the basis of settle-
pnt of all siattsra ralatin; to aanexation hnt that any antter
property the subject of ad,jnstpnt between or aprrg the said
parties and not covered by the terms of this a~rees:ent sha31
not by reason of such omission bs deapd to have been waived by
any of the municipalities or other parties affected but shall
be the anbjsct from time to tip of Pnrther aesotiatiaa sad
adjnstpnt oa a fair and et;nitable basis between the said
affected parties sad failiaa asreemsnt aceordiasly shall be
determined by Order of the Board upon the application of say
iatares#ed municipality or other party, sad it Oar agreed that
natwithstaadias any Statutory provision to the contrary lapse
of time shall not be a bar to any such ae;otiation sad adjnst-
pat or application to the Board.
IN WITNESS MifiEREOF the parties hays hsrsnato affixed
their corperats seals attested by the hands of their ps+oper
officers in that behalf.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF
THE CORPORATION Q-THE TORN
OF BOi~TMANVILLE
i /
z ~
THE CORPORATION OF THS TOfiNSHIP
OF DARLINGTON: