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RFD- 3680 Bylaws   Item #   9. d.    
Regular Council Meeting Agenda
Meeting Date: 08/12/2019  
Title:    C-1086-19 - First Reading - Fees and Charges Bylaw Amendment - Frostad
Department: Corporate Services  
Strategic Vision Element: This topic relates to all three of the City’s strategic vision elements contained in Council’s Strategic Plan Related Goal:

Request for Decision Summary
This bylaw moves tax penalties from C-779-11 Financial Administration Bylaw into the Fees and Charges Bylaw. This bylaw also proposes a repeal of the Financial Administration Bylaw, as the remaining sections are either already covered under the City Manager Bylaw, are better covered under financial policy, or are recommended to be moved to the Fees and Charges Bylaw as proposed by this amendment.
Proposed Motion
That first reading be given to Bylaw C-1086-19 - Fees and Charges Bylaw Amendment.
Administration recently conducted a general review of both the City Manager's Bylaw C-539-04 and the Financial Administration Bylaw C-779-11. As part of this review, Administration identified several sections in the Financial Administration Bylaw that are better housed within the City Manager's Bylaw or within the City's financial policies. There were also several sections that were already mandated by the Municipal Government Act and therefore redundant in a city bylaw. With this review it became clear that the Financial Administration Bylaw could be repealed by incorporating pieces into the City Manager’s Bylaw, the 2019 Fees and Charges Bylaw and City policy.

On June 14, 2019 Council passed a new City Manager’s Bylaw that incorporated many of the provisions of the Financial Administration Bylaw, however Section 15 related to Tax Late Charges remains outstanding. It was decided that it is more appropriate for this section to be found in the Fees and Charges bylaw to maintain consistency with other charges mandated by the City. Administration has prepared an amendment to the 2019 Fees and Charges Bylaw that will move this section from the Financial Administration Bylaw to the Fees and Charges Bylaw and provides for the repeal of the Financial Administration Bylaw and its previous amendments. A detailed analysis of the Financial Administration Bylaw and the reasons behind the repeal of each section is attached for Council's reference as Attachment 4. 

The section on Tax Late Charges may remain in Financial Administration Bylaw C-779-11 and the bylaw will remain on the books with duplicate clauses to the City Manager Bylaw and inclusive of passages already covered by the Municipal Government Act.  It would not be advisable to have bylaws with duplicate clauses.  If the Financial Administration Bylaw was repealed without moving the Tax Late Charges clause, the City would lose the ability to charge late ratepayers for overdue property taxes.  This would be a loss of revenue to the City and would mean the loss of an important collection strategy.
Attachment 1 - Proposed Bylaw C-1086-19
Attachment 2 - Existing Bylaw C-1055-18 - 2019 Fees and Charges Bylaw
Attachment 3 - Redline Copy of "Schedule A"
Attachment 4 - Repeal Justification - Financial Administration Bylaw
Attachment 5 - Bylaw C-779-11 - Financial Administration Bylaw
Attachment 6 - Bylaw C-926-15 - Financial Administration Bylaw Amendment

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