3386 To enter into a settlement agreement with the County of Oxford.THE CORPORATION OF THE TOWN OF TILLSONBURG
BY-LAW NUMBER 3386
A BY-LAW to enter into a settlement agreement with the County of Oxford.
WHEREAS The Town of Tillsonburg is desirous of entering into an agreement with the County
of Oxford to settle outstanding accounts representing costs associated with solid waste customer
service and enforcement.
THEREFORE the Council of the Town of Tillsonburg enacts as follows:
THAT the settlement agreement attached hereto forms part of this by-law;
2. THAT the CAO be hereby authorized to execute the attached settlement agreement on
behalf of the Corporation of the Town of Tillsonburg.
READ A FIRST AND SECOND TIME THIS 13th DAY OF October, 2009.
READ A THIR , ND FINAL
MAYOR -Stephen Molnar
a
CLERK -Michael Graves
TIME AND PASSED THIS 13th DAY OF October, 2009.
SETTLEMENT AGREEMENT
BETWEEN: County of Oxford
(Hereinafter called the "County")
AND: The Corporation of the Town of Tillsonburg
(Hereinafter called the "Town")
Whereas the Town and the County hereby agree to settle outstanding accounts
representing costs associated with solid waste customer service and enforcement;
And Whereas the Town agrees to pay to the County the sum of $149,296.09 for the
settlement of the outstanding amounts totalling $298,592.17.
The parties hereto agree as follows:
1. The Town acknowledges and agrees that the County has not and is not hereby
assuming any liability or obligation to the Town in connection with costs incurred
by the Town in association with solid waste enforcement, either in the past or in
the future. The payment contemplated by this Agreement is made on the
express understanding that it is made without any admission of responsibility or
liability by the County to make any payments whatsoever to the Town for costs
incurred by the Town for purposes of solid waste enforcement.
2. The Town will make payment to the County in the amount of $149,296.09,
representing 50% of the total amount of $298,592.17 that the Town has withheld
from water and waste water revenues transferred to the County as identified on
Schedule "A" attached hereto.
3. The Town acknowledges that solid waste customer service will be paid by the
County to the Town, beginning in 2008, in accordance with Section 11.07 of the
Waste and Recycling Collection Agreement, entered into between the parties
hereto on December 12, 2008, authorized by County of Oxford By-law No. 4963-
2008.
4. The Town hereby releases any future claim against the County for collection of
the remaining 50% of total amounts outstanding as agreed hereto.
5. The County hereby releases any future claim against the Town for collection of
the remaining 50% of total amounts withheld from past water and wastewater
revenues as agreed hereto.
IN WITNESS WHEREOF, as duly authorized parties have hereto set their hands and
seals.
COUNTY OF OXFORD
Signature
Name and title of person signing
Date
THE CORPORATION OF THE
It_-Q1V BU RG
law
Signature
Name and title of person signing
Date
SCHEDULE "A" TO
SETTLEMENT AGREEMENT
LISF OF TOTAL AMOUNTS OUTSTANDING
Customer Service 2002
$ 56, 362.00
Customer Service 2003
667521-00
Customer Service 2004
767622.00
Customer Service 2005
21, 878.00
Customer Service 2006
21, 942.00
Customer Service 2007
21,435.00
Waste Enforcement 2003
67065.31
Waste Enforcement 2004
97183.83
Waste Enforcement 2005
57717.17
Waste Enforcement 2006
61862.40
Waste Enforcement 2007
61003.46
Total Amount
$2981592.17