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HomeMy WebLinkAboutBy-law No. 2022-024THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-024 A BY-LAW TO DELEGATE CERTAIN RESPONSIBILITIES THROUGH THE RESTRICTED ACTS OF COUNCIL, KNOWN AS "LAME DUCK". PERIOD FOR 2022 WHEREAS Section 11 of the Municipal Act, S.O. 2001, c. 25, as amended (the `Act'), provides municipalities with the ability to provide for any service of thing considered desirable and within certain spheres of jurisdiction including governance, financial management, and accountability and transparency; AND WHEREAS Section 275 of the Act restricts certain actions the Council of a local municipality can take after Nomination Day for the election of the new Council; AND WHEREAS subsection 275(6) of the Act provides that nothing in section 275 prevents any person or body exercising any authority of a municipality that is delegated to the person or body prior to Nomination Day for the election of the new Council; AND WHEREAS pursuant to section 23.1 of the Act, a municipality is authorized to delegate its powers and duties under the Act or any other Act to a person or body, subject to the restrictions set out in Part II of the Act; AND WHEREAS to ensure the efficient and effective management of The Corporation of the Municipality of Bayham during a possible Lame Duck period, it is prudent that Council delegates certain authority for that period of time; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. That the Chief Administrative OfficerlClerk is hereby delegated authority for: a. The appointment or removal from office of any officer of the Municipality; b The disposition of any real or personal property of the Municipality of Bayham that has a value exceeding $50,000 at the time of disposition, except in those cases where the disposition was included in the most recent budget adopted by Council before Nomination Day in the election; and, c:. Making any unbudgeted expenditures or incurring any other liability that exceeds $50,000, except in those cases where the liability was included in the most recent budget adopted by Council before Nomination Day in the election. 2. That pursuant to Section 275(4.1), nothing shall prevent the Municipality from taking any action in the event of an emergency; 3. That, should any authority delegated under this By-law be exercised, the Chief Administrative Officer shall report to Council regarding any action taken. 4. That this By-law shall come into force and effect only when Council is deemed to be Lame Duck in accordance with the Act and shall expire when Lame Duck is no longer applicable or when the Council -elect takes office. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17th DAY OF MARCH 2O22. MAYOR/