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20-11 Service and Modernization Review by-law March 10, 2020COUNTY OF ELGIN By -Law No. 20-11 "BEING A BY-LAW TO APPROVE A TRANSFER PAYMENT AGREEMENT FOR THE MUNICIPAL MODERNIZATION PROGRAM WITH HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO AS REPRESENTED BY THE MINISTER OF MUNICIPAL AFFAIRS AND HOUSING TO FUND AN INDEPENDENT THIRD - PARTY REVIEWER TO CONDUCT A SERVICE DELIVERY AND MODERNIZATION REVIEW AND FURTHER THERETO TO AUTHORIZE THE WARDEN AND CHIEF ADMINISTRATIVE OFFICER TO EXECUTE THE SAID TRANSFER PAYMENT AGREEMENT ON BEHALF OF ELGIN COUNTY" WHEREAS Section 5(3) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants municipal power to exercise its capacities, rights, powers, and privileges by by- law; AND WHEREAS Section 8(1) of the said Act also confers broad authority to municipalities to govern its affairs as it considers appropriate; AND WHEREAS Section 9 of the said Act also confers upon a municipality the right, power, and privileges of a natural person for the purpose of exercising its authority under that or any other Act, which right, power, and privileges include the authority to enter into and execute agreements; AND WHEREAS the Government of Ontario ("Ontario") has established and funded the Municipal Modernization Program as a provincial program designed, among other purposes, to support municipalities in delivering modern and efficient services; AND WHEREAS Elgin County has applied for financial support under the Municipal Modernization Program to fund an independent third -party reviewer to conduct a service delivery and modernization review and Ontario has approved the said Project for financial support to a maximum contribution of $125,000; AND WHEREAS a condition for receipt and use of such financial support requires Elgin County, as a recipient of funding, to enter into a written Transfer Payment Agreement with Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Municipal Affairs and Housing; AND WHEREAS Elgin County Council is satisfied that it is in the best interests of an advisable to enter into the said Transfer Payment Agreement to secure access to the financial support granted therein. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin and enacts as follows: 1. THAT the proposed Transfer Payment Agreement between Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Municipal Affairs and Housing and the Corporation of the County of Elgin in respect of the financial support to fund an independent third -party reviewer to conduct a service delivery and modernization review through the Municipal Modernization Program be and same is hereby approved for execution. 2. THAT on the advice and direction of the County Solicitor, the Warden and Chief Administrative Officer be authorized and directed to enter into and execute the proposed Transfer Payment Agreement between Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Municipal Affairs and Housing and the Corporation of the County of Elgin in respect of the financial support to fund an independent third -party reviewer to conduct a service delivery and modernization review through the Municipal Modernization Program. 3. THAT this By -Law shall become effective once signed by the Warden and Chief Administrative Officer for the County of Elgin and, further thereto, that the Transfer Payment Agreement contemplated herein shall become effective once executed by all Parties thereto. READ A FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED THIS loth DAY OF MARCH 2O20. Julie Go ou, Chief Administrative Officer. I (. ave Mennill, Warden.