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HomeMy WebLinkAbout2004-241 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2004- 241 being a By-law to authorize the execution of a Letter of Agreement between the Municipality of Clarington and her Majesty the Queen in right of the Province of Ontario represented by the Minister of Transportation for the Province of Ontario, WHEREAS at its meeting on November 8, 2004, Council approved the recommendations contained in Report EGD-51-04, NOW THEREFORE, the Council of The Corporation ofthe Municipality ofClarington enacts a follows: I, THAT the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington are authorized to execute the Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister of Transportation for the Province of Ontario (the "Ministry") and the Municipality ofClarington (the "Municipality") Related to Funding Provided by the Province of Ontario (the "Province") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation-Program (this "Letter of Agreement"), as contained in Report EGD-51-04, BY-LAW read a first time this 8th day of November, 2004, BY-LAW read a second time this 8th day of November, 2004, BY-LAW read a third time and finally passed this 8th day of November, 2004, ~ff;i.... Jobn Mu .,. >!>yoi .'C '/ .;:. - -. ~ - - .------ .. Ministry of Transportation Office of the Minister Ferguson Block, 3,d Floor 77 Wellesley 51. West Toronto Ontario M7A 128 416327-9200 www.mta.gov.on.ca October 22, 2004 His Worship John Mutton Mayor Municipality of Clarington 40 Temperance Street Bowmanville, ON L 1 C 3A6 Dear Mayor Mutton: Ministere des Transports Bureau du ministre Edifice Ferguson, 3' etage n. rue Wellesley ouest Toronto (Ontario) M7A 128 416 327-9200 www.mto.gov.on.ca ~ Ontario RE: Letter of Agreement between Her Majesty the Queen in right of the Province of Ontario, represented by the Minister"Of Transportation for the Province of Ontario (the "Ministry") and the Municipality of Clarington (the "Municipality") Related to Funding Provided by the Province of Ontario (the "Province") to the Municipality under the Dedicated Gas Tax Funds for Public Transportation-Program (this "Letter of Agreement") This Letter of Agreement sets out the terms and conditions for the use of dedicated gas tax funds by municipalities for public transportation. As the Province desires to increase public transportation ridership to support the development of strong communities, the Ministry has created the Dedicated Gas Tax Funds for Public Transportation Program (the "program") under which and over time two (2) cents of the existing provincial gas tax will be provided to municipalities for public transportation expenditures, Any funding to the Municipality by the Ministry will be provided in accordance with the terms and conditions set out in this Letter of Agreement and the Dedicated Gas Tax Funds for Public Transportation Program - 2004 Guidelines and Requirements (the "guidelines and requirements"). In consideration of the mutual covenants and agreements contained in this Letter of Agreement and the guidelines and requirements, which have been reviewed and are understood by the Municipality and are hereby incorporated by reference, the Ministry and the Municipality covenant and agree as follows: .../2 .. ~". ~~ . .........~-....--.~.-~~-~..~~..~~.-~"""..~-~.' I I H'I . : -2- 1, To support increased public transportation ridership in the Municipality, and in recognition of the Municipality's need for predictable and sustainable funding to support investments in the renewal and expansion of public transportation systems, the Ministry agrees to provide funding to the Municipality under the program in the amount of $363,996, in accordance with and subject to the terms set out in this Letter of Agreement and the guidelines and requirements, with $90,999 payable on receipt of this signed letter of agreement and related authorizing municipal by-law, and quarterly payments thereafter beginning in January, 2005, 2, Despite Section 1, the Municipality understands and agrees that any amount payable under this Letter of Agreement may be subject, in the Minister's opinion, to adjustment to reflect final gas tax receipts and any other adjustments as set out in the guidelines and requirements, 3, If the Municipality is involved with other municipalities in jointly providing public transportation services, and the other municipalities ITave agreed to the Municipality collecting the dedicated gas tax funds on their behalf, the Municipality agrees that it shall provide, in compliance with the requirements set out in the guidelines and requirements, the applicable by-laws and legal agreement to the Ministry prior to the payment of any dedicated gas tax funds by the Ministry under this Letter of Agreement. 4, The Municipality agrees that the funds received under this Letter of Agreement are to be deposited by the Municipality in a dedicated gas tax funds reserve account, and are to be used only in accordance with the guidelines and requirements, 5, The Municipality agrees that it will adhere to the reporting and accountability measures set out in the guidelines and requirements, and shall provide all requested documents to the Ministry, 6, The Municipality understands and agrees that the funding provided under this Letter of Agreement represents the full extent of the Ministry's and Province's financial contribution under this Program and that no additional funds will be provided by either the Ministry or the Province for such purposes to the Municipality for the year 2004, 7, The Municipality hereby consents to the execution by the Ministry of this Letter of Agreement by means of an electronic signature, If the Municipality is satisfied with and accepts the terms and conditions of this Letter of Agreement, please secure the required signatures for the four enclosed copies of this Letter of Agreement and return two fully signed copies to the undersigned for the Ministry's records, " -3- Once the Ministry has received the signed copies together with a copy of the document required under Section 2 of this Letter of Agreement, the Ministry will make arrangements for the payment of the dedicated provincial gas tax funds to the Municipality. Yours sincerely, ~~ Harinder S. Takhar Minister of Transportation .- I have read and understand the terms of this Letter of Agreement, as set out above, and by signing below I am signifying the Municipality's consent to be bound by these terms. CORPORATION OF THE Clarington [Municipality] Per: Date: November 9 , 2004 "_-i .:_ ~ ". I, "" ,,:,' Per: ", ,.,. -,' (,,"" ( i,~ij<'"' Date: Nnm:"mh~r Q J ?(106.