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Home My WebLink AboutCD-12-91 UNFINISHED BUSINESS THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: COUNCIL File# Date: SEPTEMBER 16, 1991 Res. ADDENDUM TO By-Law# Report#: CD-12-91 File#: Subject: TOWN OF NEWCASTLE MUNICIPAL CODE Recommendations: It is respectfully recommended that Council approve the following: 1. THAT Addendum to Report CD-12-91 be received; 2 . THAT Report CD-12-91 be lifted from the table; 3 . THAT a by-law authorizing execution of an agreement between the Corporation of the Town of Newcastle and Municipal World Inc. , for the preparation of a Town of Newcastle Municipal Code be passed by Council; and 4 . THAT Michael Smither, Editor of Municipal World, be advised of Council's decision. BACKGROUND AND COMMENT: On April 29, 1991, on the advice of the Town's Solicitor, Report CD-12-91 was tabled by Council to allow for legal clarification. Report CD-12-91 is attached as Schedule "All for the information of Council . On August 29, 1991, a meeting was held with the Clerk, Deputy Clerk, Dennis Hefferon and Michael Smither in attendance. Mr. Hefferon is now satisfied with the information he has received from Mr. Smither regarding the agreement which is to be executed for the initiation of the Municipal Code process. Because the Town of Newcastle is an amalgamation of two Townships, a Village, a Town and a Police Village, the organization of the by-laws into a concise, consistent manner, is a large undertaking which is of paramount importance for the smooth operation of the municipality. Continued . . . . . /2 Addendum to Report CD-12-91 - 2 - September 16, 1991 It is, therefore, recommended that a by-law be passed authorizing execution of the agreement between the Town of Newcastle and Municipal World. Respectfully submitted Recommended for Presentation To Council Patt' .--Bar ie, A.M.C.T. Lawrence Kotseff, M.C. I .P. /To Clerk Chief A i istrative Officer PLB/ms Attachment SCHEDULE "All THE CORPORATION OF THE TOWN OF NEWCASTLE REPORT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File#fl 11 Date: APRIL 22, 1991 Res. # Report#: CD-12-91 By-Law# File #: Subject: TOWN OF NEWCASTLE MUNICIPAL CODE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CD-12-91 be received; 2 . THAT a by-law authorizing execution of an agreement between the Corporation of the Town of Newcastle and Municipal World Inc. , for the preparation of a Town of Newcastle Municipal Code be forwarded to Council for passage; and 3 . THAT Michael Smither, Editor of Municipal World, be advised of Council 's decision. BACKGROUND AND COMMENTS: In November 1990, the Chief Administrative Officer, Town Clerk and Deputy Clerk, met with Michael J. Smither, Editor, Municipal World, to discuss the possibility of the Town of Newcastle adopting a Canadian Municipal Code. The preparation of a Municipal Code will allow the Town to better administer the various by-laws of the municipality to ensure uniformity and consistency in application. Attached to this report is an Executive Summary which was submitted by Michael Smither which details the Town of Newcastle Municipal Code. The required funds were approved in the 1991 Clerk's Department current budget. Once the municipal Code has been completed, copyright is then vested in the municipality and it can be sold for a price to be determined by the municipality. The present average price of existing Municipal Codes is $225.00 per copy. Continued . . . . . /2 1 1111111 PAI- Report CD-12-91 - 2 - April 22, 1991 In addition to receiving a Municipal Code, the price also includes computer disks of the following Municipal Statutes: Development Charges Act Municipal Freedom of Information and Protection of Privacy Act Municipal Act Municipal Elections Act Planning Act This feature alone will save Town staff many hours presently spent researching these Statutes . The Clerk's Department has a copy of the Town of Ajax Municipal Code on loan. If Council is interested in examining this copy, it will be available until the end of April 1991 . In order for the Town to embark on the preparation of a Municipal Code, it is necessary for an agreement to be entered into between the Town and Municipal World Inc . Also, a Memorandum of Agreement which outlines editorial procedures, must be signed by the Designated Officer and the Legal Adviser of the Town of Newcastle and the Editor of Municipal World Inc . Both of these documents have been forwarded to the Solicitor for his review. It is respectfully recommended that a by-law be passed authorizing execution of the agreement between the Town of Newcastle and Municipal World Inc . Respectfully submitted Recommended for Presentation rr' to Committee Patti rri , A.M.C.T. Lawrenc . Kotseff, M.C. I .P. Tow ler-k Chief A inistrative Officer PLB/ms CANADIAN MUNICIPAL CODE TM EXECUTIVE SUMMARY TOWN OF NEWCASTLE MUNICIPAL CODE CODE CONTENT—The Town of Newcastle Municipal Code will be a compen- dium of the most active by-laws of the municipality arranged into chapters, articles, sec- tions, subsections, paragraphs, table of contents and index. The by-laws will be edited and revised, where necessary, to harmonize contents,correct omissions and generally to clarify and provide, a comprehensive body of law designed to fully regulate the subjects to which they relate. LEGISLATIVE AUTHORITY—The authority for the enactment of a comprehen- sive by-law known as a Municipal Code is contained in the Municipal Act, R.S.O. 1980, c. 302, s. 105. This authority further eliminates the need for reapproval of sections of the Municipal Code that were previously approved by an authority external to the council such as a Ministry of the provincial government, the Ontario Municipal Board or a federal authority. POLITICAL BENEFITS—The Town of Newcastle Municipal Code will benefit the Town politically.The Code will: • enhance the image of the municipality; • emphasize the legislative role of council; • stress the ability and expertise of the administration; and • respond to the public need for greater freedom of information. ADMINISTRATIVE BENEFITS—The Town of Newcastle Municipal Code will: • bring together the most active by-laws of the municipality,professionally edited and compiled into an impressive document; • facilitate both staff and public access to the legislation; • assist municipal law enforcement; and • enhance security by wide distribution of copies of the Code. _1_ CANADIAN MUNICIPAL CODE TM ECONOMIC DEVELOPMENT—The Town of Newcastle Municipal Code will also provide a further valuable economic development tool demonstrating that the Municipality is committed to democratic local government" ... by law and not by mail." SUPPLEMENTATION—A complete supplementation service will be provided to keep the Town of Newcastle Municipal Code up-to-date on an agreed upon schedule. CANADIAN STATUTORY PRACTICE—The Town of Newcastle Municipal Code will closely follow Canadian statutory practice to ensure ready acceptance by mem- bers of the legal community and the judicial system. POLICY MANUAL—The legislative effectiveness of your Council and of the municipal administration may be further enhanced where a Policy Manual or manuals are developed.With this proactive stance providing predetermined,clearly expressed policies, gathered together in a methodical fashion, the Council and municipal staff will be able to respond immediately. Hasty decision-making by Council,under duress, will be minimized. Companion binding and indexing can be developed with the Town of New- castle Municipal Code, while maintaining a clear separation between the two works. DEPOSIT- NATIONAL LIBRARY—As an ISBN registered book, one copy of the Town of Newcastle Municipal Code will be deposited in the National Library of Canada. No provincial sales tax will be payable. CANADIAN MANUFACTURE—The Code will be 100% Canadian. Materials used will be of the highest quality. Typography, artwork,printing and binding will meet exacting standards. MUNICIPAL WORLD has been serving Canadian municipalities for almost 100 years. This company now offers its wealth of municipal and legal experience together with professional editing, technical consulting and publishing expertise to your municipality. Your Canadian Municipal Code will be: correct,concise,complete, com- puter-readable and Canadian. TM Canadian Municipal Code,Registered Trade Mark In Canada,Municipal World Inc. TM Municipal World,Registered Trade Mark in Canada,Municipal World Inc. -2- 6 1 L�