HomeMy WebLinkAbout17 164 Conversion of Bruce Telecom to a Municipal Services Corporation Structure Incorp THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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BY-LAW
NO. 2017 - 164
BEING A BY-LAW TO FOR THE CONVERSION OF BRUCE TELECOM TO A
MUNICIPAL SERVICES CORPORATION STRUCTURE INCORPORATION
WHEREAS pursuant to the Municipal Act 2001, S.O. 2001, c.25, as amended
Section 8 (1)and 9 provide 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 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 Section 203 of the above noted Act authorizes a municipality to
establish corporations;
AND WHEREAS By-law No. 2006 - 266 passed the 13th day of September 2006
established a municipal services board known as Bruce Telecom;
AND WHEREAS a business case for the conversion of Bruce Telecom from a
municipal service board to a municipal services corporation structure was
presented at the July 24, 2017 Council meeting and adopted at the Council
meeting of December 6, 2017 by By-law No. 2017 - 163;
AND WHEREAS the Municipality of Kincardine adopted By-law No. 2017 - 142,
"Asset Transfer Policy By-law" on October 11, 2017;
AND WHEREAS Council has determined that it is advisable that Bruce Telecom
• be converted by the Municipality of Kincardine from a municipal service board to
an incorporated municipal services corporation pursuant to Section 203 of the
Municipal Act, 2001, with Kincardine as sole shareholder;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That the Municipality of Kincardine approve the conversion of Bruce
Telecom from a municipal service board to a municipal services
corporation structure on January 1, 2018, as described in the Business
Case adopted by By-law No. 2017 - 163;
2. That the Municipality of Kincardine authorize the incorporation of the
corporate structure comprising of a holding company and two wholly
owned subsidiaries (the "Bruce Telecom Corporations") as described in
the Business Case, naming Mark Rodger as first director of each of the
corporations for administrative purposes in connection with the acts of
incorporation.
• 3. That the Municipality of Kincardine approve that effective on the day that
new directors are appointed as members of each of the boards of
directors of the Bruce Telecom Corporations, Mark Rodger be removed
as director from each such corporation.
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Conversion of Bruce Telecom to a Municipal Services Corporation Structure
Incorporation By-law
By-law No. 2017 - 164
4. This by-law shall come into full force and effect upon its final passage.
• "Conversion This by-law may be cited as the of Bruce Telecom to a
Municipal Services Corporation Structure Incorporation By-law".
READ a FIRST and SECOND TIME this 6th day of December, 2017.
READ a THIRD TIME and FINALLY PASSED this 6th day of December, 2017.
ayor Clerk
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