CITY OF
PUBLIC
NOTICE POLICY
1.�������� PURPOSE
1.1������ The purpose of this Policy is to set out the minimum notice requirements, the methods of notice to be followed in providing such notice, and the minimum time for giving notice with respect to any matters for which public notice is required to be given by Council.
2.�������� DEFINITIONS
2.1������ For the
purpose of this policy, the following terms and words shall have the following
meanings:
(a)������� the term �affected parties� shall mean those
members of the public who are, in the opinion of the City Clerk, directly and
uniquely affected by a matter under consideration by City Council, to an extent
greater than other members of the general public;
(b)������� the term �City
Council� means the elected officials of the City of
�(c)������ the
term �City Clerk� means the person
appointed as the City Clerk for the City of
(d)������� the
term �clear days� shall mean the
number of calendar days, including the day of original posting, publishing or
mailing, as the case may be, but excluding the day of the Council meeting;
(e)������� the
term �interested party� means any
person who has communicated in writing to City Council or the City Clerk
respecting a matter.
City of
3.�������� MATTERS FOR WHICH
NOTICE MUST BE GIVEN
3.1������ Public notice
in accordance with this policy shall be given before Council initially
considers the following matters:
(a)������� prohibiting
or limiting the number of businesses of a particular type in an area of the
City or specifying separation distances between businesses of a particular
type;
(b)������� permanently
closing or blocking off a street, lane or walkway;
(c)������� permanently
modifying an intersection with the use of physical barriers;
(d)������� permanently
closing a median opening;
(e)������� borrowing
money, lending money or guaranteeing the repayment of a loan;
(f)�������� moving
capital moneys to an operating budget or reserve;
(g)������� imposing a
special tax or determining the use to which excess revenue from a special tax
is to be put;
(h)������� establishing
an investment policy;
(i)�������� selling or
leasing land for less than fair market value and without a public offering;
(j)�������� selling or
leasing park lands and dedicated lands except where the land is covered by
public notice provisions in an Act other than The Cities Act;
(k)������� establishing
a purchasing policy;
(l)�������� establishing
a business improvement district;
(m)������ setting
remuneration for council or committee members;
(n)������� increasing or
decreasing the number of councilors on Council;
(o)������� appointing a
wards commission and dividing the City into wards;
(p)
amending or repealing a bylaw for which public notice
was a requirement at the time the bylaw was passed;
City of
(q)������� any matter
where holding a public hearing is required under The Cities Act or any other Act except where the Act contains its
own public notice provisions;
(r)������� discussing a
matter at a public meeting held as a result of a petition signed by the
required number of electors; and
(s)������� the amendment
or repeal of a bylaw or resolution when the resolution or bylaw was passed as a
result of a vote of the electors.
4.�������� NOTICE TO THE GENERAL PUBLIC AND
AFFECTED PARTIES
4.1 ����� Notice shall
be given to the general public for all matters set out in section 3.1 in
accordance with this section:
(a)������� notice of the
matter shall be published in the weekly edition of the Humboldt Journal on at
least two (2) occasions prior to the meeting at which Council will initially
consider the matter; and
(b)������� notice of the
matter shall be posted at City Hall at least ten (10) clear days prior to the
meeting at which Council will initially consider the matter; and
(c)������� notice of the
matter shall be posted on the City�s web site at least ten (10) clear days
prior to the meeting at which Council will initially consider the matter.
4.2
In addition to the general notice requirements of
section 4.1, additional notice shall
be given in accordance with subsection 4.3 to all affected parties when Council
is initially considering the following matters:
City of
(a)������� prohibiting
or limiting the number of businesses of a particular type in an area of the
City or specifying separation distances between businesses of a particular
type;
(b)������� permanently
closing or blocking off a street, lane or walkway;
(c)������� permanently
modifying an intersection with the use of physical barriers;
(d)������� permanently
closing a median opening;
(e)������� imposing
a special tax or determining the use to which excess revenue from a special tax
is to be put; and
(f)�������� establishing
a business improvement district.
4.3������ Additional notice of the matters listed
in subsection 4.2 shall be given using either of the following methods:
(a)������� by
mailing notice of the matter to all affected parties by ordinary mail which is
to be postmarked no later than ten (10) clear days prior to the Council meeting
at which the matter will initially be considered; or
(b)������� by
leaving notice of the matter in a mail receptacle at the address of the
affected party at least ten (10) clear days prior to the Council meeting at
which the matter will initially be considered.
5.�������� NOTICE OF FURTHER DEALINGS RESPECTING A
MATTER
5.1������ Subject
to subsection 5.2, the notice requirements provided for in this policy shall
only be applied when Council initially considers a matter.� For purposes of clarity, unless otherwise
directed by Council and subject only to subsection 5.2, no notice, including
notice to affected
City of
����������� parties,
will be given of any subsequent meeting of Council at which the matter will be
considered.
5.2������ The
City Clerk shall provide at least four (4) hours notice to any interested party
of any further proceedings by or before City Council involving a matter for
which such party has expressed an interest in writing.
6.�������� DISCRETION OF COUNCIL
6.1
The notice requirements set forth in this policy are
minimum requirements and are not intended to limit City Council�s discretion to
provide additional notice, utilizing different or additional methods or
repeating notice, as may be deemed appropriate by City Council.
7.�������� RESPONSIBILITIES OF
CITY CLERK
7.1
The City Clerk shall be responsible to City Council
for ensuring compliance with this policy and may, in his/her absolute
discretion:
(a)������� refuse to
place any item on the agenda of City Council, where there has been substantive
non-compliance with the notice requirements of this Policy; or
(b)
where there have been deficiencies in meeting the
notice requirements provided for in this Bylaw, place any item on the agenda of
City Council, with a caution to members of City Council that the matter should
be tabled pending full compliance with the notice requirements set forth in
this Policy.
Adopted by resolution of Council,
4475