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HomeMy WebLinkAboutBy-law No. 2012-063 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2012-063 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT OF PURCHASE AND SALE WITH RICHMOND COMMUNITY WATER INC. WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides that municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any Act; AND WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides that a lower tier municipality may provide any service or thing that the municipality considers necessary or desirable for the public, subject to the rules set out in subsection(4), AND WHEREAS Subsection 4 of the Municipal Act, 2001, S.O. 2001, c. 25 designates Public Utilities, including water production, treatment, storage, and distribution as matters within the sphere of jurisdiction of the Municipality; AND WHEREAS Richmond Community Water Inc. carries on the business of water treatment at the premises located at 9190 Richmond Road, Bayham, Ontario and the business of water distribution servicing 48 houses and 1 church on John, Street, Church Street, Hoover Valley Road, Richmond Road and Heritage Line in the Municipality of Bayham; AND WHEREAS Richmond Community Water Inc. wishes to sell the undertaking and assets of its Business, and the Municipality of Bayham wishes to purchase the same; AND WHEREAS the Council of the Municipality of Bayham deems it necessary to approve an Agreement of Purchase and Sale with Richmond Community Water Inc. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Council of the Municipality of Bayham hereby authorizes and directs the Mayor and Clerk to execute the agreement affixed hereto marked Appendix "A" and forming part of this by-law, being a Agreement of Purchase and Sale between the Corporation of the Municipality of Bayham and Richmond Community Water Inc. 2. AND THAT the Council of the Municipality of Bayham hereby authorizes and directs the Mayor and Clerk to execute such documents as may be necessary to complete the said Agreement of Purchase and Sale.