BYLAW - Transfer Fed Gas Tax Rev - 20100330 - 522410THE., CORPORATION . OF THE TOWN OFAURORA
By-law Number 52W0
BEING A BYLAW to authorize the
execution of an amending agreement to
extend the Agreement for the Transferof
Federal Gas :Tax Revenues Under the
"New.Deal for Cities and Communities
(Association of Municipalities of Ontario)
WHEREAS The, Corporation of the Town of Aurora enacted By-law 4733.051 on the
1P day of December, '2005 to. authorize the execution of an agreement with the
Association of Muriicipaliiies of Ontario pertaining to the Transfer of Federal Gas Tax
Revenues Under theNew D'eal.for Cities and Communities (the "Federal Gas Tax
Revenues Agreement");
AND WHEREAS the Association of Municipalities'of Ontario confirmed that the Gas Tax
Fund has been extended to 2014 and has requested that The Corporation of the Town
of Aurora pass a by-lawto authorize the execution of an Amending Agreementto extend
the federal Gas Tax Revenues Agreement (the "Amending Agreement");
AND WHEREAS subsection 5(3) of the.Municipal Act, 2001, S.O. 2001, c25, as
.amended (the "AcP), provides that a municipal power, including a municipality's
capacity, rights, powers and privileges under section. 9 of the Act, shall be exercised by
by-law unless the municipality is specifically authorized to do otherwise;
AND WHEREAS section 9 of the Act provides that a municipality has the capacity,
rights, powers and privileges of a natural person for the purpose of exercising its
authority under the Acf,or any other Act; .
AND WHEREAS the Council of The Corporation of the Town of Aurora deems it
necessary and expedient to authorize the execution of the Amending Agreement;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWN OF AURORA ENACTS AS FOLLOWS;
1. THAT the Mayor and Clerk are hereby authorized to ekecute the Amending
Agreement in the form attached hereto as Schedule "A" to this By-law.
2. THAT the provisions of this By-law shall come into fotce and take effect upon
third reading hereof,
READ A FIRSTAND SECOND TIME THIS 3e DAY OF MARCH, 2010,
READ A THIRD TIME AND FINALLY PASSED THIS 3e DAY OF MARCH, 2010,
0f0m
wu�
PHYLLIS M, MORRIS, MAYOR
TOWN CLERK
SCHEDULE*
TO BYLAW 5224.10
THIS AMENDING AGREEMENT made in duplicate this _day of 2010,
BETWEEN:
THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO
(referred to herein as "AM(Y)
-and.
THE CORPORATION OF THE TOWN OF AURORA
(referred to herein as the "Recipient")
WHEREAS Canada, Ontario and Ontario municipalities, as represented by AMO and
Toronto entered into an Agreement for the Transfer of Federal Gas Tax Revenues Under the
New Deal for Cities and Communities on June 17, 2005 (amended on June 20, 2007) (the
'Canada•Ontario•AMO•Tororlto Agreement"), whereby.AMO agreed to administer funds on
behalf of Ontario municipalities made available pursuant to the Canada•Onlado•AMO-
Toronto Agreement on behalfof Canada;
WHEREAS the Canada•Ontado•AMO•Toronto Agreement outlines a framework for the
transfer of funds to Ontario municipalities, represented by AMO and Toronto with stable,
reliable and predictable funding for environmentally sustainable infrastructure purposes;
WHEREAS Canada, Ontario and Ontario municipalities, represented by AMO and
Toronto have amended the Canada•Ontario•AMO•Toronto Agreement on September 3,
2008; in order to confirm municipalities' Gas.Tax Fund allocations to 2014;
AND WHEREAS AMO and the Recipient have previously entered Into a Municipal
Funding Agreement for the Transfer of Federal Gas Tax Revenues Under the New Deal for
Cities and Communities;
NOW THEREFORE this Amending Agreement witnesseth k
1, ' The preamble forms an Integral part of this Amending Agreement
2, Terms not defined in this Amending Agreement have the meanings assigned in the
Municipal Funding Agreement For the, Transfer of Federal Gas Tax Revenues
Under The New Deal for Cities and Communities,
a, Audit Statement definition is deleted and replaced as follows:
"Audit Statement means a written audit statement to be prepared and
delivered to AMO as set out in section 7.1h hereto,
b, End of Funds definition is deleted and replaced as follows:
"End of Funds" means March 31,.2014.
c. Infrastructure Programdefinition is deleted and replaced as follows:
"Infrastructure Program" means Canada's infrastructure programs in
existence at the time of the execution of this Agreement
d, large MuniclpafiNesdefinition its deleted and replaced as follows:
"Large Municipalities" means those Municipalities with a 2006 National
Census data population of 500,000 or more including the Regional
Municipalities of Durham, Peel and York and the Cities of .Hamiiton,
Mississauga and Ottawa,
e, Treasurerdefrnifion is added:
"Treasurer" means a municipal treasurer as defined in subsection 286(1) of the
MurildpalAcf, 2001(Ontario).
f, Treasurer's Cedcate definition is added:
"Treasurer's Certificate" means a written statement by the, Treasurer to be
prepared and delivered to AMO as set out in section 7.11 hereto and in the form
identified in Schedule H attached,
3. Section 21 is deleted and replaced as follows
2.1. Term, Subject to any extension or termination of this Agreement or the
survival of any of the provisions of this Agreement pursuant to the provisions
contained herein, this Agreement shall be to effect from the date set out on the first
page of this Agreement, up to and including March 31, 201S.
4. Section 3.1c is deleted and replaced as follows:
c, ensure that there is no reduction in capital funding provided by Municipalities for
Municipal infrastructure.
5. Section 3,1d is deleted and replaced as follows:
d. In the case of Reelplents that are Municipalfiies in excess of 100,000 In
population, ensure that over the period of January 1, 2010 to March 31, 2014 the
Redplent'scapital spending on MunicipalInfrastucture shall not fall below its Base
Amotint and,
6. Section Ve is added:
e, ensure any of its contracts for the supply of services or materials to implement
hs responsibilities under this Agreement shall be awarded in a way that is
transparent, competitive, consistent with value for money principles and pursuant
to its adopted procurement policy,
1. Section 4,2 is deleted and replaced as follows:
4,2. Exception, For Large Municipalities, the list of eligible categories shall
consist of no more than two (2) of the categories in Section 4,1 a. tof,
8. 'Section 5A is deleted and replaced as follows:
5,4'. Retention of Recelpts, The Recipient shall retain all evidence (such as
invoices, receipts, etc.) of payments related to Eligible Costs and such supporting
documentation must be available to Canada when requested and maintained by
the Recipient for audit purposes in accordance with the municipal records retention
by-law.
Section 6.7 is deleted and replaced as follows:
6,1. Expenditure of Funds, The Recipient shall expend all Funds by
December31,2016.
' 10, Section 63 is deleted and replaced as follows:
. 6.8. GST and HST, The use of Funds is based on the net amount of goods
and services tax or harmonized sales tax to be paid by the Recipient pursuant to
the Excise Tax Ad (Canada) net of any applicable rebates,
11. Section 1,1h is deleted and replaced as follows:
h, an annual,Aud6 Statement, if Funds were applied to Eligible Costs incurred for
Eligible Projects in respect of the previous Municipal Fiscal Year, An annual Audit
Statement is to be prepared by the Recipient's auditor in accordance with section
5815 of the Canadian Institute of Chartered Accountants Handbook — Special
i Reporls — Audit Reports on Compliance With Agreements, Statutes and
Regulations, providing assurance that the terms of the Agreement have been
i adhered to and Funds received by the Recipient have been spent In accordance
with the Agreement
12. Section 7.11 is added:
i, a Treasurer's Certificate, h Funds were not applied to Eligible Costs incurred for
Eligible Projects in respect of the previous Municipal Fiscal Year, A Treasurer's
Certificate is to be prepared by the Reciplents Treasurer, providing assurance that
activity related to sections 6.4, 6.5, and 11 has been conducted within the terms
and conditionsofthepgreement
13. Section 12 is deleted and replaced as follows:
1,2. Outcomes Report The Recipient shall account in wdfing for outcomes
achieved as a result of the Funds through an Outcomes Report to be submitted to
AMO upon completion of an Eligible Project and to be made available publicly in
manner consistent with financial reporting under the Municipal Act, 2001 S.0.2001
c.25 by March 310 of the following Municipal Fiscal Year.
a. The Recipient's Outcomes Report shall report in writing on the cumulative
investments made, in a manner to be provided by AMO, Including information
on the degree to which. these Investments have actually contributed to the
Objectives of cleaner air, cleaner water and reduced greenhouse gas emissions.
14, Section 9,2 is deleted and replaced asfollowsi
9.2; Separate Records. The Recipient shall maintain. separate records and
documentation for the Funds and keep all records including invoices, statements,
receipts and vouchers In respect of Eligible Projects that Funds are paid In respect
of in accordancevdth the municipal records retention by-law, Upon reasonable
notice, the Recipient shall submit all records and documentation relating to the
Funds to Canada for inspection or audit.
15. Notwithstanding the date of execution of this Amendment Agreement, the
provisions of this Amending. Agreement are in effect as of January 1, 2010 and
continue in effect for the duration of the term of the Municipal Funding Agreement
For the Transfer of Federal Gas Tax Revenues Under The New Deal for Cities and
Communities,
16, Section 14.3 is deleted and replaced as follows;
14,3, Addresses for Notice.. Further to Section 14,1 of this Agreement,
notice can be given at the following addresses;
a. If to AMO.
EXecutive Director
Federal Gas Tax Agreement.
Association of Municipalities of Ontario
200 University Avenue, Suite801
Toronto, ON M5H 3C6
Telephone; 416-971.9856
Facsimile; 49714191
Email; astax amo.onxc
b, If to the Recipient,
Dan Elliott .
Director of FinanceNreasurer
Town of Aurora .
1 Municipal Drive
Box 1000
Aurora, ON L4G 6,11
Telephone, (905) 727.3123
Facsimile, (905) 7264732
Email; dellio#@e-aurora,ca
17. Section 15.4Is deleted and replaced with the following;
15.4 Survival, The following schedules, sections and provisions of this
agreement shall survive the expiration or early teMination hereof; Sections 5, 6,7;
71 9,3,1U,4,10;5,11,12,3,15,7, and Schedule G,
16, Section 169, Schedule A is amended as attached,
19. Section 16.1, Schedule H is added as attached,
20, Except as amended herein, the provisions of the Municipal Funding Agreement for
the Transfer of Federal Gas Tax Revenues Under -The New Deal for Cities and
Communes remain In full force and effect,
IN WITNESS WHEREOF this Agreement has been executed by the -duly authorized officers
of the parties hereto as of the date first above written,
RECIPIENT'S NAME: THE CORPORATION OF THE TOWN OF AURORA
By
ear orate Name: Date
Title:
Name: Date
Title:
THE ASSOCIATION OF MUNICIPALITIES OF ONTARIO
By,
Idle;.. Executive Director Date
owe
In the presence of,
Witness Date
Title: Olrecfor of Admlydstration
and Business Development
i
SCHEDULE A
SCHEDULE OF FUND PAYMENTS
RECIPIENTS NAME; The Corporation of the Town of Aurora
The following represents the minimum Funds and schedule of payments over the Ise of this
Amending Agreement.
Year
Schedule of Fund Payments
July 15 h
November 15th
2010
$730,509.79
$730,509.19' .
2011
$730,509.79
$730509.79
2012
$730,509.79
$730,509.79
2013
$730,509.79
$730,509.79
SCHEDULE H
TREASURER'S CERTIFICATE
To the Association of Municipalities of Ontario
As the Treasurer of the Corporation of <INSERT MUNICIPAL NAME>, I acknowledgkIhat for
the 20 Municipal Fiscal Year, there were no Eligible Costs incurred for Eligible Projects
undertheAgreement
I confirm thaf the Corporation of <INSERT MUNICIPAL NAME> received its Federal Gas Tax
allocation forte 20 Munfcipalfiscel Yearwifhin the terms and conditions specified in
section 6.4 of the Agreement
I also confirm tat the carry-over of unexpended Funds followed the terms and conditions of
section 6.5 ofthe Agreement Spedically, the interest earned on unspent funds has beeir
calculated on a reasonable basis, the interest was calculated on a similar basis as other
reserve and reserve funds, and that the interest rate used is comparable to the one used for
other reserve, funds which are required to earn Interest,
I also confirm that the de to Munlcipal Infrastructure resulting from Eligible Projects is
retaNed by the Corporation of <INSERT MUNICIPAL NAME> as Specified undersection 11.1
of the Agreement
As the duly appointed Treasurerof the Corporation of <INSERT MUNICIPAL NAME> I
hereby certitythat, as at December 31, 20_, activity related to the MunicipOunding
Agreement for the Transfer of Federal Gas Tax Revenues Under the. New Deal for Cities and
Communities dated <INSERT DATE ON MFA> between the Association of Municipalities of
Ontario and the <INSERT MUNICIPAL NAME>, has been conducted within the terms and
conditions set out inthe Agreement.
Name;
Title; .
<INSERT MUNICIPAL NAME>
Date