DocumentsOtherFeb 6, 2017Pages 16–20
Boundary Adjustment Agreement
Agreement between District of Metchosin and City of Langford concerning the boundary adjustment to include Section 92 in Langford, with terms for tax payments to Metchosin, servicing, conditions precedent and dispute resolution.
Key facts
- Parties: District of Metchosin; City of Langford
- Agreement date referenced: February, 2017
- Subject: inclusion of Section 92 Metchosin Land District into Langford (Section 92 labeled 'Non Designated Use')
- Conditions precedent: issuance of letters patent by Province; CRD regional growth strategy amendment placing Section 92 within Regional Urban Containment and Servicing Policy Area
- Termination if conditions not met by December 31, 2018
BOUNDARY ADJUSTMENT AGREEMENT
This Agreement dated for reference the __ day of February, 2017 is between:
District of Metchosin
4550 Happy Valley Road
Victoria, B.C. V9C 3Z3
(“Metchosin”)
City of Langford
2nd Floor, 877 Goldstream Avenue
Victoria, B.C. V9B 2X8
(“Langford”)
WHEREAS:
A. Metchosin and Langford are parties to an agreement with Beecher Bay First Nation (the “Reconciliation Agreement”) in connection with which the boundary between the municipalities was adjusted by the Province of British Columbia;
B. Under the terms of the Reconciliation Agreement, Langford will share with Metchosin and Beecher Bay First Nation property tax revenues in respect of certain lands that have been included within Langford’s boundary;
C. The boundary adjustment also included within Langford’s boundary Section 92 Metchosin Land District (“Section 92”) and property tax revenues in respect of Section 92 are not dealt with in the Reconciliation Agreement;
D. Metchosin and Langford have agreed that Langford will share with Metchosin property tax revenues in respect of Section 92 on the terms set out in this Agreement;
NOW THEREFORE IN CONSIDERATION OF Metchosin foregoing jurisdiction over Section 92 and consenting to the extension of Langford’s boundaries to include Section 92, and the covenants among the parties set out in the Agreement, the parties agree as follows:
INTERPRETATION
- In this Agreement, “Section 92” means Section 92 Metchosin Land District and includes any parcel into which Section 92 may be subdivided. Section 92 is shaded blue on Schedule A to this Agreement and labeled “Non Designated Use”.
CONDITIONS PRECEDENT
The obligations of the parties under this Agreement will not arise until all of the following have occurred:
(a) the Province of British Columbia has issued letters patent extending the boundaries of Langford and reducing the boundaries of Metchosin as illustrated in Schedule A to this Agreement; and
(b) the Capital Regional District has amended or replaced its regional growth strategy such that Section 92 is within the boundary of the Regional Urban Containment and Servicing Policy Area.If any of the conditions mentioned in the preceding section has not been fulfilled by December 31, 2018, this Agreement shall terminate and none of the parties shall have any obligations to any other party despite any of the conditions having been fulfilled prior to that date.
PAYMENTS TO METCHOSIN
Langford will, beginning in the first full calendar year in which Section 92 is within its property tax jurisdiction, make payments to Metchosin in accordance with this Agreement (the “Payments”).
The Payments to Metchosin shall be the amount that is 40 percent of property taxes for general municipal purposes, including library, recreation and police services a, in respect of Section 92.
For certainty, the amount on which the Payments are based shall not include any school taxes, taxes imposed by other taxing authorities including the Capital Regional District, the Municipal Finance Authority and the B.C. Assessment Authority; local service taxes; or municipal fees and charges included in a property tax notice.
The amount on which the Payments are based shall not include any interest and penalties on unpaid taxes.
Langford shall be under no duty to seek to recover taxes on Section 92 as a debt, by distress, or by any other means other than by tax sale.
In the event that Langford is obliged to make any refund of property taxes in respect of Section 92, Metchosin shall be liable for 40 percent of the amount, which amounts Langford may deduct from one or more Payments under this Agreement.
Payments are due under this Agreement on July 2 of each year.
Each Payment shall be accompanied by copies of the property tax notices in respect of Section 92.
In the event that Section 92 is sold at tax sale, Langford is the tax sale purchaser, and the owner does not redeem the parcel during the redemption period, the Payments in respect of that parcel shall be made within 10 business days of the expiry of the redemption period.
In the event that Langford exempts Section 92 from taxation under Division 7 of Part 7 of the Community Charter, it shall be liable for Payments to Metchosin under this Agreement despite the exemption. The amount of the Payments shall be based on the relevant amounts set out in Langford’s annual report pursuant to s. 98(2)(b) of the Community Charter.
In the event that Section 92 or any portion of it becomes exempt from property taxation by virtue of ownership by Langford, or by virtue of tax-exempt status under the Community Charter that the land would not have had but for a zoning change approved by Langford’s Council, Langford shall be liable for Payments to Metchosin under this Agreement despite the exemption. The amount of the Payments shall be based on the assessed value of the land from time to time as if it was zoned R2 under Langford’s zoning bylaw, and not exempt.
If Section 92 or any portion of it becomes exempt and is not thereafter assessed by the B.C. Assessment Authority, the Payments shall be based on a valuation calculated in accordance with the method of valuation set out in the Assessment Act.
In the event that Section 92 or any portion of it becomes exempt from taxation for any reason not mentioned in section 13 or section 14, Langford shall not be liable for Payments to Metchosin under this Agreement in respect of any period during which the land is exempt.
ASSESSMENT APPEALS
Nothing in this Agreement limits Langford’s jurisdiction to appeal the assessment of Section 92 to the Property Assessment Appeal Board, or to seek judicial review of a decision of the Board in respect of Section 92.
Metchosin may request Langford to consider an appeal or judicial review described in the preceding paragraph, and in doing so may propose the sharing of the cost of such appeal or review, but nothing in this Agreement obliges Langford to accede to any such request.
SERVICING OF SECTION 92
- Langford will deal with the provision of services to Section 92 on the same basis as the provision of services to other development lands within the City, including without limitation liaising with the Capital Regional District in respect of water supply and West Shore Environmental Services Ltd. in respect of sewage collection and disposal.
GENERAL PROVISIONS
Nothing in this Agreement fetters the legislative discretion of the municipal council of Langford or the municipal council of Metchosin.
Notices with respect to the performance of this Agreement may be delivered by any party to the corporate officers of Langford and Metchosin.
This is the entire agreement among the parties with respect to its subject.
Each of the parties warrants to the others that it has the authority to enter into this Agreement.
In the event of a dispute between the parties with respect to the interpretation or performance of this Agreement, the parties agree that the dispute shall be resolved as follows:
(a) by the senior administrative officers of the parties;
(b) failing resolution under subsection (a) within a reasonable time, by the Mayors of the parties;
(c) failing resolution under subsection (b) within a reasonable time, by a mediator appointed jointly by the parties; and
(d) failing resolution under subsection (c) within a reasonable time, by arbitration under the Arbitration Act, by an arbitrator resident in the Capital Regional District.
- This Agreement may be executed in counterparts and will take effect when each of the parties has executed and delivered at least one counterpart. This Agreement may be delivered by email transmission of an executed counterpart.
In witness whereof this Agreement has been executed by the parties as of the date first above written.
DISTRICT OF METCHOSIN
By its authorized signatory:
CITY OF LANGFORD
By its authorized signatory: