Wharf Service Bylaw

WHEREAS under Section 796 of the Local Government Act a Regional District may operate any service the Board considers necessary or desirable for all or part of the Regional District;

AND WHEREAS the Board of the Regional District of Nanaimo wishes to establish a service for the purpose of establishing and operating a wharf;

AND WHEREAS the approval of the Inspector of Municipalities has been obtained under Section 801 of the Local Government Act;

AND WHEREAS the approval of the electors in the participating area has been obtained under Section 801.2 of the Local Government Act;

NOW THEREFORE the Board of the Regional District of Nanaimo in open meeting assembled enacts as follows:

1. This bylaw may be cited for all purposes as the "Descanso Bay Wharf Service Bylaw No. 1357, 2003".
2. The service established by this bylaw is the Descanso Bay Wharf Service (the "Service") for the purpose of establishing, constructing, operating and maintaining wharf facilities in the Service Area.
3. The boundaries of the Service Area are the boundaries of Electoral Area 'B' (the "Service Area").
4. The sole participating area (the "Participating Area") is Electoral Area 'B'.
5. As provided in Section 803 of the Local Government Act, the annual cost of providing the Service shall be recovered by one or more of the following:
   1. property value taxes imposed in accordance with Division 4.3 of Part 24 of the Local Government Act;
   2. fees and charges imposed under Section 797.2 of the Local Government Act;
   3. revenues raised by other means authorized by the Local Government Act or another Act;
   4. revenues received by way of agreement, enterprises, gift, grant or otherwise.
6. In accordance with Section 800.1(1)(e) of the Local Government Act, the maximum amount that may be requisitioned annually for the cost of the Service:
   1. In the first year following the establishment of the Service, will be the greater of:
      1. Seventy Thousand, Five Hundred and Fifteen ($70,515.00) dollars; or
      2. a property value tax rate of $0.152 cents per thousand ($1,000) dollars of assessment that, when applied to the new taxable value of land and improvements in the Service Area, will yield the maximum amount.
   2. (b) In the second and subsequent years following the establishment of the Service, will be the greater of:
      1. Seven Thousand Eight Hundred and Eighty ($7,880.00) dollars; or
      2. a property value tax rate of $0.017 cents per thousand ($1,000) dollars of assessment that, when applied to the new taxable value of land and improvements in the Service Area, will yield the maximum amount.

Introduced and read three times this 9th day of September, 2003.
Received the approval of the Inspector of Municipalities this _____ day of _______________, 2003.
Obtained the assent of Electors this ______ day of __________________, 2003.
Adopted this _____ day of _______________, 2003.

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