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THE CORPORATION OF THE COUNTY OF ESSEX <br /> <br /> BY-LAW NO. 3174-95 <br /> <br /> A BY-LAW TO AUTHORIZE THE EXECUTION OF <br /> AN AGREEMENT OF PURCHASE AND SALE OF <br /> LAND <br /> <br /> WHEREAS Subsection 191(1) of the Municipal Act, R.S.O. 1990, c. M.45, as <br />amended, authorizes the County to pass by-laws for acquiring any land required <br />for the purposes of the County and to sell or otherwise dispose of the same when <br />no longer so required; <br /> <br /> AND WHEREAS the County passed By-law 2847 on September 19, 1990, <br />pursuant to Subsection 209(2) of the Municipal Act, whereby the County assumed <br />the waste management powers for the local municipalities dealing with the <br />existing municipal landfill sites located in the County and for any future landfill <br />sites; <br /> <br /> AND WHEREAS Subsection 208.2 of the Municipal Act authorizes the <br />County, having assumed such waste management powers, to pass by-laws to <br />establish, maintain and operate a waste management system, including the power <br />to acquire land for this purpose pursuant to Subsection 191(1); <br /> <br /> AND WHEREAS the County passed By-law 3129 on May 18, 1994, <br />pursuant to section 207, paragraph 5 of the Municipal Act, thereby entering into <br />an Agreement with the Corporation of the City of Windsor for the joint <br />management and operation of garbage disposal systems and for the establishment <br />of the Essex-Windsor Waste Management Authority (the Authority) as a joint <br />board of management to operate and manage certain aspects of them; <br /> <br /> AND WHEREAS, pursuant to Paragraph 10 of this Agreement, the <br />Authority is authorized to take all steps and actions as are proper and necessary <br />or advisable, subject to compliance with the Environmental Assessment Act and <br />any applicable legislation, to advise in the acquisition of land by the County as <br />may be necessary to carry out the Solid Waste Management Master Plan, or any <br />interest therein, whether by option, agreement of purchase and sale, lease or <br />otherwise and the Authority is further authorized to initiate the acquisition of any <br />such site or any interest therein on behalf of the County; <br /> <br /> AND WHEREAS the Authority adopted the document entitled, <br />"Compensation Policy for the New Regional Landfill", dated June 7,1994 in which <br />was included provisions for the purchase of properties from landowners within <br />1609 meters of the proposed Regional Landfill Site; <br /> <br /> <br />