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HomeMy WebLinkAbout69-12THE COPPORATTON OF THE T07�7'N OF B0!,7Kk'_NTV ILA F BY-LAW NO. 69-122 A by-law to authorize the entering into of an agreement with the Township of Darlington respecting annexation of Tands from the Town- ship. WHEREAS the Ontario Muricipal Board by its Dpcisiv-i doted the 21st day 68 of October: 19: has authori7ed and directed the annexation to the Town of Bowmarville of the land more partiquTorly descriled V Schedule A to this by -Taw7 such annexation to be effective on and from the 1st day of January, 1969.- AND WHEREAS by the terms of the said Decisior it is provided that all adinstments of assets and 7iabillties ane properly the suhiect of adjustment hetwepn the Town and the Township of Darlirgtor shall be made as the said Municipal, Cos poratiors may agree, or i default of agreement, as the Board may order; AND YHERFAS it has beer agreed that all such adjust- ments shall be made in accordance with the terms of a drah agreement hereunto annexed and marRed Schedule B to this By-la7'77 NOY THEREFORE the Council of the Corporation of tie Town of Bcwmanville hereby ENACTS AS FOLIOVS: 1. The Agreement dated the 16th day of Mayo 1969, a copy of which is hereto annexed as Schedvie "B" to this By-Law, is hereby authori7ed, a-d tie Mayor and Clerk are hereby authorized to execute the same on behalf of the Corporation nrd to affix the Corporate Sea! thereto. READ a -first, second and third time and finally passed this I of June, 196v SCHEDULE "All ATTACHED TO AND FORMING PART OF BY-LAw 69-12 ALL AND SING7LAR that cert7i7 parcel or tract Of !an! a Y707iS7S situate7 lying and being in the Township of Dart ingtonj County of Durham, Province of Ontario, and being composed of part of Lots Twelve (12), Thirteer (13) and Fourteen (14), part of the original Road Allowance between Lots Twelve (12) and Thirteen (13) (ScuZog Street) and part of the original Road Allowance between Lots Fourteen 04) and Fifteen (15) (Martin Road), a1T in the Broker Front Concession of the said Township of Dar Tirgtoro the boundaries of the said parcel being more particularTy described as follows: CO�'PVIENCING at the Ncrth-Easterly angle of Township Lot Fifteen (1 5 ) in the Broken Front Concession of the said Township of DarTirgton; THENCE Southerly along the Easterly limit of said Township Lot 15 (being the Westerly limit of the original Road Allowance betweer Tots T4 and 15 in the Broken Front Concession and knowr as Martin Road) to the point of intersection with the North-Vesterly Timit of the Canadian NntioraT Railway right-of-way; THENCE North-Easterly along the North-Westerly limit of the Canadian National Railway right-of-way to the point of intersection with the Easterly limit of the said Tcwrslip Lot 12; THENCE Northerly slorg the Easterly limit of said Lot T2 (being the existing Westerly limit of the Municipa! Corporation of tie Town of BowmanviTle) to the North Faster a' angle thereof; THENCE Westerly along the Northerly limits of said Township Lot 12, the original Road Allowance between Lots 12 and 13 (Scvgoj Street) . Township Lots T3 and 14 ard the original Road Allowance between Lots 14 and 15 (Martin Rood)7 heirg the existing S00therTY limit of the MuricipaT Corporation of the Towr of' Bowmar-i!Te, to the POINT OF CCU MENCR) ENT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ARTICLES OF AGREEMENT made in duplicate this day of BETWEEN: THE CORPORATION OF THE TOWN OF BOWMANVILLE , hereinafter called the "Town" MMM I A. D. 1969. of the First Part: THE CORPORATION OF THE TOWNSHIP OF DARLINGTON, hereinafter called the "Township" WHEREAS Ontario Municipal Board October, 19689 directed Township of Darlington, C; Decision and set out in effective on the 1st da,, of the Second Part: upon the application of the Townthe has by its Decision dated the 21st day of that the annexation of that portion of the more particularly described in the said Schedule 41 to this Agreement, shall become T of January, 1969. AND WHEREAS it is necessary that the municipalities make adjustment of assets and liabilities with respect to the area being annexed. AND WHEREAS it has been agreed by and between the parties as hereinafter set out. NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto mutually covenant and agree to and with each other as follows: 1. The Town shall pay to the Township on or before the 1st day of July, 1969, as the Town's share of the unpaid principal portion of debentures issued for the purposes of the Memorial Hospital Debenture outstanding at December 31st,1968, the sum of $104.50, the said sum being computed as follows: 88,050 (assessment of annexed area ) 81766,998 (assessment of Township ) X 104,500(unpaid debenture) = S 104.50 - 2 - 2. All the fixed assets and equipment of the Township including real property and all school properties situate within the Township, and all office equipment, road machinery, motor vehicles, supplies and equipment and other assets of a like nature, and all real and moveable 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, now belonging to the Township or to any School Board operating within the Township, shall continue to be the property of the Township or of such School Board, as the case may be, in the same manner as though the annexation order had not been made. 3. It is further declared and agreed by and between the parties hereto that the Order of the Board together with this agreement is intended to constitute the basis of settlement of all matters relating to annexation but that any matter properly the subject of adjustment between or among the said parties and not covered by the terms of this agreement shall not by reason of such omission be deemed to have been waived by any of the municipalities or other parties affected but shall be the subject from time to time of further negotiation and adjustment on a fair and equitable basis between the said affected parties and failing agreement accordingly shall be determined by Order of the Board upon the application of any interested municipality or other party, and it is agreed that notwithstanding any Statutory provision to the contrary lapse of time shall not be a bar to any such negotiation and adjustment or application to the Board. IN WITNESS WHEREOF the parties have hereunto affixed their corporate seals attested by the hands of their proper officers in that behalf. SIGNED, SEALED AND DELIVERED THE CORPORATION OF THE TOWN IN M PRESENCE OF OF BOIM&NVILLE: