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HomeMy WebLinkAbout1002Document,typrwritten duplicate, 21.5 x 33 cm.,5 pages, dated 1908. Dated 1908 Agreement Between the Municipal Council of the Township of Pickering and the Trustees of the Police Village of Claremont Donald R. Beaton, Conveyancer, &c., Whitevale, Ont. MEMORANDUM OF AGREEMENT made in duplicate the day of _____, A.D. 1908, BETWEEN THE MUNICIPAL COUNCIL of the Corporation of the Township of Pickering, in the County of Ontario, OF THE FIRST PART, ANDTHE TRUSTEES of the Police Village of Claremont, in the said Township of Pickering, OF THE SECOND PART; WHEREAS the unincorporated Village of Claremont, foming a part of the said Township of Pickering, has under authority of Section 714 of The Municipal Act, been, by By-Laws of the Municipal Council of the Count. Of Ontario, set apart as a Police Village. AND WHEREAS the said Municipal Act provides that the property liable to assessment in a Police Village shall, in each year, be assessed for such sums as the Trustees there of may estimate to be required for building sidewalks, culverts, putting in drains, and making, repairing and improving streets, and doing all things necessary for such purpose within the limits of the Police Village, and to cover any balance for any such expenditures of the previous year, and that such rate of assessment shall be in lieu of such proportion of the township rate now levied for the name of like purpose within such village as the Trustees and the Council may be agreement provide. AND WHEREAS it is expedient that the parties hereto should make an agreement as to such levy and as to certain other municipal revenues derived in common from township and village, likewise as to certain other matters. THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises, the said parties hereto do hereby mutually covenant, promise and agree to and with each other, in manner and form following, that is to say:- 1. (1). THAT in each year during the continnance of this agreement in lieu of the present Township Rate, there shall be levied upon the property liable to assessment in the said Police Village such rate or sums as the Trustees thereof shall by requisition under their hands require to be levied, which rate may be called “The Village Rate”, or “The Village and Township Rate”, and for the moneys collected by said rate or assessment the Township Treasurer shall, at the end of each year, deduct and retain in the Township Treasurey for township use a proportionate share according to the relative assessment of the said Police Village to that of the township, exclusive of the Police Village, for the following township expenditures, services, salaries and disbursements, for the year for and in which much rate was levied, that is to say:- (a). For the salaries of and allowance to the members of the Council, the Treasurer, Clerk, Assessor, Collector, Auditors, inspector of Trees and Caretaker of the Town Hall. (b). For the maintenance of relief of indigent persons for all grants made for charitable purposes. (c). For the expenses of all Township elections and any expense that may be incurred through Parlimentary elections. (d). For the revision of the Assessment Roll and Voters’ Act and for selecting Jurors. (e). For Printing, Advertising, Stationary and Postage. (f). For the Board of Health, including cost of vaccine virus and other such supplies. (g). For the registration of Births, Marriages and Deaths. (h). For law costs, and for damages and law costs for and in connection with any accident occurring on roads or streets. (i). For premiums on Surety Bonds for the Treasurer and Collector. (j). For interest and Discount charges on money borrowed. (2). That the Treasurer shall also deduct from the said village, or Village and Township Rate, the amount thereof which the Collector may fail to collect from business assessments and taxable income assessments in said Police Village. (3). The balance remaining from the said Village Rate, or Village and Township Rate, after making said deducting, the Treasurer shall place to the credit of the Trustees of the said Police Village, and disburse the same as by law directed and by said Trustees required. (4). Provided, however, that if the said Police Trustees in any year fail to file the requisition for the levy of a rate sufficient at least to meet the said proportionate share of the Police Village in the township expenditures, services, salaries and disbursements enumerated above, then the said Municipal Council may levy and raise from and upon the rateable property in said Police Village such a rate or sum as the said Council shall estimate to be required for the purpose. (2). THAT the said Police trustees shall have, free of special charge, the use of township road machinery, the same to be used by them only within the limits of the Police Village. (3). (1). THAT the said Police Village shall receive the taxes collected from the owners and possessors of dogs within said Village and imposed under the authority of By-Law No. 748 of the said Municipal Council and of Chapter 271 of the Revised Statutes of Ontario, 1897, less a proportionate share (Based upon the relative assessment of Village and Township) of the amount paid by the said Council during the year as damages for sheep and lambs killed or injured by dogs, and that may hereafter be paid as rewards for the destruction of dogs found worrying sheep or lambs, and for the discovery of the owners or harborers of such dogs. (2). THAT said taxes from dogs, less the deductions named, shall at the end of each year be placed to the credit of the Trustees of the said Police Village and paid out by the Treasurer on the order of the said Trustees for the purpose of the said Village. (3). THAT if in any year the said tax upon dogs collected in the said Police Village shall not be sufficient to meet and pay the said proportionate share for damages and regards, such deficiency may be charges against any surplus from the Dog Rate collected in the said village in the following or any subsequent year. 4. THAT the said Police Village shall in each year receive and be allowed a proportionate share (based as aforesaid upon the relative assessment of the said village to that of the Township) of all moneys apportioned and paid from time to time to the Municipality of the said township from the Liquor License fund, and the Treasurer shall disburse the same, as required by the Trustees of the said Police Village, and for any of the purpose thereof. 5. (1). THAT the said Police Village shall continue to constitute a separate Statute Labor Division of the said Township and shall be continued in charge of an Overseer or Commissioner to be nominated yearly by the Trustees of the said Police Village; that all Statute Labor imposed in said village shall continue to be commuted as at present; also that all moneys collected as commutation of Statute Labor in said village shall be expended by such Overseer on the streets and roads theroin, as provided for by present By-Laws of the said Village. (2). THAT such Overseer or Commissioner shall be continued as the Collector of the commutation Tax for Statute Labor for which male inhibitions of said village between the ages of twenty-one and sixty years, who are not otherwise assessed (and who are now exempt by law) are liable, and the said Council shall continue to authorize the collection of the commutation tax for each year from such persons at any time after the first day of May in that year. 6. THAT the said Police Village shall also receive all surpluses from other than township, village, school and dog rates collected from the rateable property within the limits of the said Police Village and not required for the purposes for which they shall be imposed, much surpluses to be placed to the credit of the Trustees of the said Police Village for the purposes thereof. 7. THAT all claims or actions that may be made or brought against either or both of the parties hereto, on account of accidents occurring on any of the public roads, streets, bridge, culverts or sidewalks within the said township and Police Village, shall be settled for or defended at the expense of the whole township Municipality, including the said Police Village, and all sums which shall be paid or that shall have to be paid for any such purpose, including damages and law costs, shall be borne and paid by the whole municipality, including the said Police Village, the Police Village thus contributing an equitable share thereof, in proportion to assessment. 8. THAT the said Police Village shall, from revenues and taxes of the said Police Village, build, maintain and sufficiently repair (during all time during the continuance of this agreement) all bridges as well as culverts on the public roads and streets within the limits of the said Police Village, but shall not be required to contribute or pay any share or part of the expense of building, maintaining and repairing either bridges or culverts in the portions of the said Township of Pickering outside of the limits of the said Police Village. 9. THAT after the present year A.D. 1908 this agreement may be cancelled and annulled by either of the parties hereto giving to the other of them, on or before the First day of April in any year, a written notice of the wish and intention of such party to withdraw from the arrangements made herein, and of having this agreement terminated and annulled; and in event of such notice being given, this agreement shall be treated as if voided and annulled at the close of the year preceding that in which such notice shall be given. 10. THAT this agreement shall apply to the present year as well as to subsequent years, and shall continue to have full force and effect as long as it lawfully may, or until it is cancelled and annulled in manner as provided in the ninth clause of this agreement. 11. THAT the said Police Village of Claremont shall receive and be allowed from and by the said Municipality of the Township of Pickering, during the present year A. D. 1908, the sum of Seventy Dollars ($70.00), as and for the full share of the said Police Village in the balance and timber on hand in the said Municipality at the end of the year A. D. 1907. IN WITNESS WHEREOF the said Municipal Council has caused the Seal of the Corporation to be affixed hereto and the signatures of the Reeve and Clerk to be set in evidence thereof, and the Trustees of the said Police Village have hereunto set their hands and seals. SIGNED, SEALED AND DELIVERED In the presence of Witness as to execution by the said Reeve and Clerk. Witness as to execution by the said Police Trustees.