BYLAW - Appoint Legal Council & Indemnify Council - 20031031 - 447503LTHE CORPORATION OF THE TOWN OF AURORA
By-law Number 4475-03.L
BEING A BY-LAW to
provide for the
appointment of legal
counsel and the
indemnification of
Members of Council.
WHEREAS the Council of The Corporation of the Town of Aurora was required
by the Oak Ridges Moraine Conservation Act to pass an official plan amendment
and zoning by-law by October 22, 2003;
AND WHEREAS Council conducted the required public meeting, held two open
houses, received the advice of staff and consultants, considered reports and
legal advice, held a special council meeting and duly considered the matter;
AND WHEREAS on October 22, 2003 Council, through enacting By-law 4468-
03.D adopted Official Plan Amendment No. 48 and passed Zoning By-law
Amendment No. 4469-03.D;
AND WHEREAS the Minister of Municipal Affairs and Housing is the approval
authority;
AND WHEREAS Council has been advised that landowners may advance court
proceedings against the Town of Aurora and individual members of Council;
AND WHEREAS the Municipal Act 2001 authorizes a council to pass by-laws
acting as an insurer with respect to protecting its members of council or former
members against risks that may involve pecuniary loss or liability on their part;
the payment of any damages or costs awarded; or expenses incurred and the
payment of any sum required in connection with the settlement of an action or
proceedings and for assuming the cost of defending council members;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN
OF AURORA ENACTS AS FOLLOWS:
1. That Murray Davison of the firm Paterson MacDougall, assisted by other
appropriate Counsel, be retained to defend any and all actions
commenced against the Town, the Mayor or individual members of
Council relating to the adoption of Official Plan Amendment 48 and
passage of Zoning By-law Amendment No. 4469-03.D.
2. That Mayor Tim Jones and the current Members of Council be indemnified
by the Town for any award of damages, interest, and costs made against
them.
3. That Mayor Tim Jones and the current Members of Council be indemnified
by the Town for any of their personal legal costs incurred only upon the
advice of Murray Davison that he is not able to represent them due to a
conflict.
READ rST, ECOND AND THIRD TIME THIS 31 5 T DAY OF OCTOBER, 2003.
B. PANIZZA, TOWN CLERK