CITY OF HUMBOLDT

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 Humboldt;

 (c)       the term “City Clerk” means the person appointed as the City Clerk for the City of Humboldt or his/her duly authorised representative or designate;

(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.

 

 

 

 

 

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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 Humboldt Public Notice Policy ………….

 

(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:

 

 

 

 

 

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(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

 

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            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, January 14, 2003

 

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