Whereas the Municipal Act (the "Act"), Section 259(d) provides for a council seat to become vacant as a result of the resignation of a member;
And Whereas Section 260 of the Act provides that a member may resign the office “by notice in writing filed with the clerk of the municipality”;
And Whereas Mayor Snively did provide to the Clerk Notice in Writing of his resignation on January 12, 2022 effective immediately;
And Whereas Section 262 (1) of the Act provides that if the office of a member of Council becomes vacant under section 259, the council shall at its next meeting declare the office to be vacant;
And Whereas Section 263 of the Act states that Council shall within sixty (60) days after declaring the seat to be vacant, appoint a person to fill the vacancy or pass a by-law requiring a by-election to be held to fill the vacancy
Now Therefore the Council of the Corporation of the Town of Essex hereby resolves as follows:
1. That as the resignation of Mayor Snively has been received by the Clerk on January 12, 2022 and effective immediately, this Council does hereby declare the office of Mayor/Head of Council of the Corporation of the Town of Essex to be vacant;
2. And That Council hereby directs the Clerk to call a Special Council Meeting to be held on January 24, 2022 at which meeting Council, upon receiving the Clerk's Council Vacancy Report shall decide to either 1) appoint a person to fill the vacancy (and if so deciding to appoint the manner in which such appointment shall be made) or 2) pass a by-law requiring a by-election be held to fill the vacancy as prescribed and in accordance with the Municipal Act and the Municipal Elections Act.