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HomeMy WebLinkAbout12 100 Bruce Telecom Policy Amendment (2012) By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE a , BY-LAW NO. 2012 -100 BEING A BY -LAW TO AMEND BY -LAW NO. 2006 -266 "BEING A BY -LAW TO ESTABLISH A MUNICIPAL SERVICE BOARD, TO BE KNOWN AS "BRUCE TELECOM ", TO ASSUME CONTROL AND MANAGEMENT, SUBJECT TO THE PROVISIONS OF THIS BY -LAW, OF THE TELECOMMUNICATIONS SERVICES OPERATIONS OWNED BY THE MUNICIPALITY" WHEREAS Section 224 (a) and (c) of the Municipal Act 2001, S.O. 2001, c. 25, • as amended, determines that the role of the Council of a municipality is to represent the public and to consider the well -being and interest of the municipality and to determine which services the municipality provides; AND WHEREAS Sections 8 (1) and 9 of the Municipal Act, 2001, S.O. 2011, c.25, as amended provides that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues and a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS The Corporation of the Municipality of Kincardine (the "Corporation ") owns, manages and operates a public utility telephone and telecommunications system under the name "Bruce Telecom ", previously under the name "Bruce Municipal Telephone System "; • AND WHEREAS Council deems it appropriate to amend various subsections of By -law No. 2006 -266; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. That By -law No. 2006 -266 be amended as follows: i) Section 2.07 be amended and the following Section be added: 2.07 Terms of Office: Subject to automatic vacancies upon such events as death, resignations, and removal from office for cause, the Members of the Board shall hold office until the expiration of the term of the Council that appointed them subject to the following text after expiration of that term, however, they shall continue to hold office, with all rights, duties and authorities vested in them, until their successors are appointed to office. Subject to the above, the • terms of the Voting Members, shall be as set out in this By -law. In 2010, Voting Members shall be appointed as follows: Page 2 Bruce Telecom Policy Amendment (2012) By -law By -law No. 2012 -100 Three (3) Board Members shall be appointed for terms of four (4) years each; and • Two (2) Board Members shall be appointed for terms of two (2) years each and this two year term shall not be included in their consecutive years of service as outlined in Section 2.5 Thereafter, all appointments shall be for terms of four (4) years. 2. That this By -law shall come into full force and effect upon its final passage. 3. That this By -law may be cited as the "Bruce Telecom Policy Amendment (2012) By -law". READ a FIRST and SECOND time this 5 day of September, 2012. a • St as 'fnawcetgdilC •Ma -. Clerk o 0 REA: THIRD - -nd • NALLY PASSED this 5 day of September, 2012. 1111111 D `hac- diraY"' Clerk • •