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THE CORPORATION OF THE DISTRICT OF OAK BAY
BYLAW NO. 4879
A Bylaw to continue a business improvement area
The Municipal Council of The Corporation of the District of Oak Bay, in open meeting assembled,
enacts as follows:
DEFINITIONS
1
In this Bylaw:
"ASSOCIATION" means the Oak Bay Business Improvement Association;
"BUSINESS IMPROVEMENT AREA" means the area of the Municipality designated by
Section 2;
"BUSINESS IMPROVEMENT AREA SERVICE" means the provision of grants as set out
in Section 3;
"COUNCIL" means the Municipal Council of The Corporation of the District of Oak Bay;
"LOCAL SERVICE TAX" means a property value tax, a parcel tax, or a tax based on any
other factor, imposed only within the business improvement area;
"MUNICIPALITY" means The Corporation of the District of Oak Bay;
"PARCEL TAX" means a tax imposed on the basis of a single amount for each parcel, the
taxable area of a parcel or the taxable frontage of a parcel;
"PROPERTY VALUE TAX" means a tax imposed on the basis of the value of land or
improvements, or both.
DESIGNATION OF AREA
2
The business improvement area to which this Bylaw applies shall consist of the lands within
the area shown in bold outline on Schedule "A" attached hereto and forming part of this
Bylaw.
Bylaw No. 4879
Page 2 of 8
GRANT
3
(1)
Subject to the conditions set out in this Bylaw, as a business improvement area
service a sum not to exceed Eight Hundred and Forty-Nine Thousand and Eight
Hundred and Sixty-Four Dollars ($849,864) may be granted by the Municipality to
the Association during the term of the business improvement area service.
(2)
Grants provided pursuant to this Bylaw shall be paid to the Association in
accordance with the following schedule in each year of the term of the business
improvement area service:
(a)
forthwith upon the approval of the Association's annual budget by Council:
one-third of the amount to be raised by local service tax as shown on the
revenue side of the approved budget; and
(b)
on or before August 1 in the year to which the approval of the Association's
annual budget by Council applies: two-thirds of the amount to be raised by
local service tax as shown on the revenue side of the approved budget, less
any adjustment required to reflect a revenue shortfall attributable to changes
in the assessed values of properties within the Business Improvement Area
following the adoption of the Tax Rates Bylaw for the applicable year.
EXPENDITURE
4
The money granted pursuant to this Bylaw shall be expended only:
(1)
by the Association;
(2)
in accordance with the conditions and limitations set out in this Bylaw; and
(3)
for purposes falling within the Business Promotion Scheme set out in Schedule "C"
attached hereto and forming part of this Bylaw.
RECOVERY
5
The entire cost of the business improvement area service shall be recovered within the
business improvement area from the owners of land within that area.
Bylaw No. 4879
Page 3 of 8
TAX LEVY
6
During the term of the business improvement area service, Council shall impose in each
calendar year on all land and improvements that fall into Class 5 [light industry] or Class
6 [business and other] as described in the Prescribed Classes of Property Regulation [B.C.
Reg. 438/81, as amended] within the business improvement area a property value tax
sufficient to recover the approved cost of the business improvement area service for that
year.
CONDITIONS AND LIMITATIONS
7
The Association shall submit to Council for consideration of approval, annually on or before
March 1, a budget for the purpose of the business promotion scheme set out in Schedule
"C".
8
Money granted pursuant to Section 3 shall be expended by the Association only for
purposes falling within the business promotion scheme set out in Schedule "C" and in
accordance with the annual budget of the Association as approved by Council.
9
No expenditures shall be made by the Association unless the payments are within the
amounts set out in the budget approved by Council.
10
The Association shall account for the money granted and approved by Council for the
previous calendar year by submitting to the Municipality on or before March 1 in each of the
years 2025, 2026, 2027, 2028 and 2029, an annual financial statement which shall be
prepared on a calendar year basis and in accordance with generally accepted accounting
principles, and which shall include a Balance Sheet and a Statement of Revenue and
Expenditure.
11
Despite:
(1)
Sections 5, 6, 8 and 9; and
(2)
the limit on the cost of the business improvement area service set out in Section
3,
Council may grant money, not recovered by way of a local service tax, to the Association
for capital expenditures or special projects for the purpose of the business promotion
scheme set out in Schedule "C", provided however that the cost to the Municipality of such
a grant may not be recovered in whole or in part, directly or indirectly, by means of a
property value tax, nor a parcel tax, nor a tax based on any other factor, imposed outside
of the business improvement area.
Bylaw No. 4879
Page 4 of 8
INDEBTEDNESS
12
The Association shall not incur any indebtedness or other obligations extending beyond the
end of each calendar year.
INSURANCE
13
(1)
The Association shall provide and maintain Comprehensive General Liability
insurance acceptable to the Municipality and subject to limits of not less than Three
Million Dollars ($3,000,000.00) inclusive per occurrence for bodily injury, death and
damage to property, including loss of use thereof. The insurance shall cover anyone
employed directly or indirectly by the Association, as well as any contractor or
subcontractors hired by the Association.
(2)
The Municipality shall be added as an additional named insured under the required
policy of Comprehensive General Liability insurance.
(3)
The Association shall provide the Municipality with a certificate of its Comprehensive
General Liability insurance coverage prior to the Municipality providing funding under
Section 3.
(4)
The Association's Comprehensive General Liability policy shall contain an
endorsement with a requirement to provide the Municipality with thirty days written
notice of change or cancellation.
EFFECTIVE DATE
14
This Bylaw shall take effect on January 1, 2025.
EXPIRATION DATE
15
The authority for the local service provided under this Bylaw will expire at 11:59 p.m. on
December 31, 2029.
SEVERABILITY
16
If any part of this Bylaw is declared invalid by a court of competent jurisdiction, the
remainder shall continue in full force and effect and be construed as if the Bylaw had been
adopted without the invalid portion.
Bylaw No. 4879
Page 5 of 8
CITATION
17
This Bylaw may be known and cited for all purposes as "Oak Bay Business Improvement
Area Bylaw No. 4879", 2024.
READ A FIRST TIME the
9th day of September, 2024
READ A SECOND TIME the
9th day of September, 2024
READ A THIRD TIME the
9th day of September, 2024
ADOPTED the
12th day of November, 2024
MAYOR
CORPORATE OFFICER
Bylaw No. 4879
Page 6 of 8
SCHEDULE 'A'
Business Improvement Area Boundaries Map
Bylaw No. 4879
Page 7 of 8
SCHEDULE 'B'
Business Improvement Area Boundaries List of Parcel Identifiers
002-774-381
025-616-072
000-719-790
002-100-762
006-544-584
009-048-804
004-102-380
008-762-066
008-731-934
000-097-683
008-457-310
008-191-395
024-906-859
007-638-451
002-283-051
006-447-368
006-186-548
006-160-549
000-888-133
001-620-673
002-003-899
002-551-632
001-148-656
000-192-511
000-231-819
000-097-993
001-492-471
006-540-376
025-524-372
Bylaw No. 4879
Page 8 of 8
SCHEDULE 'C'
Business Promotion Scheme
1. To develop, encourage, promote and retain business in the Business Improvement Area
through advertising, promotional events and marketing activities.
2. Provide assistance to advance projects, plans, or improvements designed to benefit the
Business Improvement Area.
3. Help facilitate membership training programs designed to benefit the Business
Improvement Area.