PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL

Transcription

1 PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No 1616 Approved and Ordered Executive Council Chambers, Victoria 21 OCT. In Lieutenant Governor On the recommendation of the undersigned. the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that 1. Letters Patent in the form attached be issued incorporating the District of Langford. 2. in the form attached be issued for the. 3. Letters Patent, dated January 31, 1947, incorporating the Langford Fire Protection District as an improvement district, be repealed and the Langford Fire Protection District be dissolved, effective midnight, December 31, All as sets and liabilities, whether real or contingent, of the Langford Fire Protection District be transferred to the District of Langford; and all bylaws of the Langford Fire Protection District are declared to be bylaws of: I) the District of Langford will respect to the area inside the District of Langford; ii) the with respect to those portions outside the District of Langford; and continue In force and effect until amended or repealed by the Council or Board, respectively. 5. Those portions of the Langford Fire Protection District which are outside the District of Langford be a separate service area of the for each of the services of fire protection, street lighting, and numbering of buiioings; and a bylaw under section 773(2) of the Municipal Act for each of these services be adopted by the Board no later than February 28, Letters Patent, dated August 12, 1965, incorporating the Langford Lake Improvement District, be repealed and the Langford Lake Improvement District be dissolved, effective midnight, December 31, 1992; and all assets and liabilities, whether real or contingent, of the Langford Lake Improvement District be transferred to the District of Langford. Minister of Municipal Affairs Recreation and Housing Presiding Member of th Executive founcil (This part is for Moth:ism:the purposes only and is not part if the Order. ) Authority under uhich Order is made: Municipal Act, sections 6, 7, 8, 13, 31, 33, 773, 774, 826. Act and section 1: Other Ivct:0)) VP tto t, /56// 9ajo

2 Lieutenant Governor CANADA PROVINCE OF BRITISH COLUMBIA ELIZABETH the SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. To all to whom these presents shall come- GREETING. ( WHEREAS pursuant to the ( provisions of Section 768 of ( Municipal Act, the Capital Regional Minister of Municipal Affairs, Recreation and Housing ( District was incorporated by ( Letters Patent effective ( February 1, 1966

3 AND WHEREAS the District of Langford, lying within the boundaries of the Capital Regional District, was incorporated effective December 8, AND WHEREAS Section 774 of the Municipal Act allows the Lieutenant Governor in Council to issue transferring from the regional district to a newly incorporated municipality the jurisdiction for a service in respect of all or a specified part of a service area: NOW KNOW YE that by these presents, we do order and proclaim that: LANGFORD FIRE PROTECTION DISTRICT 1.1 Upon dissolution of the Langford Fire Protection District those portions of the Langford Fire Protection District lying outside the boundaries of the District of Langford are hereby declared to be service areas of the capital Regional District for the following separate services: (a) fire protection local service; (b) street lighting local service; and (c) numbering of buildings extended service. 1.2 The shall, not later February 28, 1993, adopt a bylaw pursuant to Section 773(2) of the Municipal Act, for each separate service described in Section 1.1 of these. 2

4 1.3 Subject to these, each bylaw adopted by the Langford Fire Protection District, and having application to those portions of the Langford Fire Protection District as described in Section 1.1 above, insofar as they are within the powers of the Capital Regional District, shall remain in full force and effect, in and for the Capital Regional District, on and from the date of dissolution of the Langford Fire Protection District and each may be enforced, amended or repealed by the board of the in the same manner as if they were passed by the. MANAGEMENT OF DEVELOPMENT 2. Notwithstanding the generality of Section 10.1 of these Supplementary Letters Patent, the jurisdiction for management of development within the District of Langford is transferred from the to the District of Langford. REGIONAL DISTRICT ELECTORAL AREA MANAGEMENT OF DEVELOPMENT 3. For the year 1993, the District of Langford shall be a municipal participating area in the general service of management of development as defined by Section 787(c) of the Municipal LI, and shall share in the cost of that service according to Section 808(6) of the Municipal Act. 3

5 REGIONAL DISTRICT SERVICES TRANSFERRED TO THE DISTRICT OF LANGFORD 4.1 The following services of the are transferred to the District of Langford, and the respective regional district service areas are reduced by the exclusion of the area'newly incorporated within the District of Langford: SERVICE AUTHORITY REFERENCE Pacific Centre of Human Development Grant-in-Aid Service Establishment (Conversion) Bylaw No Commonwealth Games Service Establishment Bylaw No Goldstream Region Society Grant-in- Specified Area Bylaw No Aid Langford Enhancement Society Specified Area Bylaw No Beautification Projects Economic Development Commission Service Establishment (Conversion) Bylaw No Numbering of Buildings Service Establishment Bylaw No

6 COMMUNITY PARKS 5.1 The following community parks held or otherwise administered under the community park service of the which fall within the boundaries of the District of Langford, as described by the Letters Patent, effective December 8, 1992, are hereby transferred to the District of Langford: (a) lands held pursuant to Section 685 of the Municipal Act; and (b) lands leased or owned by the, specifically including Lot 5, plan 4439, Section 99, Esquimalt District; and Lot 8, Plan 3594, Sections 85 and 116, and Lot 10, Plan 2075, Section 85, Esquimalt District. 5.2 The shall, on or before April 30, 1993, pay to the District of Langford all unexpended funds collected pursuant to Section 992 of the Municipal Act with respect to subdivision approvals of land located within the boundaries of the District of Langford. CONTRACT SERVICES WITH THE DISTRICT OF LANGFORD 6.1 A contract is hereby established between the and the District of Langford for the fire protection local service, street lighting local service, and numbering of buildings extended service, established in Section 1.1, above. The terms of the contract shall be as 5

7 described in Sections 23.1, 23.2, 23.3 and 23.4 of the Letters Patent of the District of Langford, effective December 8, A contract is hereby established between the and the District of Langford whereby the regional district will administer the management of development within and on behalf of the municipality. The terms of the contract shall be as described in Section 26.3 of the Letters Patent of the District of Langford, effective December 8, The may enter into a contract with the District of Langford for the provision of administrative services with respect to work on behalf of the Langford Enhancement Society. 6.4 A contract is hereby established between the and the District of Langford whereby the regional district will provide administrative services to the Economic Development Commission of the municipality. The terms of the contract shall be as described in Section 28.4 of the Letters Patent of the District of Langford, effective December 8, A contract is hereby established between the and the District of Langford whereby the municipality will administer the service of the numbering of buildings for and on behalf of the regional district, in the local service area established by Service Establishment Bylaw No The terms of the contract shall be as described in 6

8 Section 28.5 of the Letters Patent of the District of Langford, effective December 8, A contract is hereby established between the and the District of Langford whereby the regional district will administer regulatory bylaws in force and effect at the time of incorporation of the District of Langford, within and on behalf of the municipality. The terms of the contract shall be as described in Sections 29.1 and 29.2 of the Letters Patent of the District of Langford, effective December 8, A contract is hereby established between the and the District of Langford whereby the regional district will administer, including undertaking maintenance, community parks within and on behalf of the municipality. The terms of the contract shall be as described in Section 30.1 of the Letters Patent of the District of Langford, effective December 8, REGIONAL DISTRICT SERVICES WITH DISTRICT OF LANGFORD A PARTICIPANT 7.1 The District of Langford shall be a municipal participating area in the following services of the : SERVICE AUTHORITY REFERENCE Regional Parks Service Establishment (Conversion) Bylaw

9 Refuse Disposal Service Establishment (Conversion) Bylaw 1903 Community Health Division XI Land Assembly, Housing and Land Banking Division XII Septage Disposal Division XXI Transit Division XXIV, Order-in-Council 283/83 Temporary Investment of Debenture Proceeds Division XXVIII Emergency Response Telephone Service (911) Division XXXVI Traffic Safety Commission Service Establishment Bylaw

10 Trunk Sewers and Sewage Disposal Division VII Centennial Swimming Pool Division V, Order-in-Council Defined Area Park Property - Acquisition, Development, Maintenance and Operation Division IX, Order-in-Council Defined Area Ice Arena and Recreational Complex Division X, Order-in-Council Defined Area Curling Rink and Senior Citizen's Recreational Complex Division XIII, Order-in-Council Defined Area Community Theatre Specified Area Bylaw 297 Community Recreation Programs L Division XV 9

11 Trunk Sewers and Sewage Disposal Division VII Centennial Swimming Pool Division V, Order-in-Council Defined Area Park Property - Acquisition, Development, Maintenance and Operation Division IX, Order-in-Council Defined Area Ice Arena and Recreational Complex Division X, Order-in-Council Defined Area Curling Rink and Senior Citizen's Recreational Complex Division XIII, Order-in-Council Defined Area Community Theatre Specified Area Bylaw 297 Community Recreation Programs Division XV 9

12 Greater Victoria Victim Services Service Establishment (Conversion) Bylaw 1988 Family Children's Court Division VI 7.2 The District of Langford shall levy, collect and remit to the Capital Regional District, such taxes and charges as are necessary to meet its share of the operating and debt servicing costs of services indicated in Section 7.1 of these. 7.3 The shall by March 31, 1993 amend Bylaw No. 300 (Juan de Fuca Recreation Commission) to provide for representation on the Commission from the District of Langford. REGIONAL DISTRICT SERVICES WITH LANGFORD NOT A PARTICIPANT 8.1 The District of Langford shall not be a participant in, nor share in the costs of, the services of the described in Section 4.1 of these. 8.2 Notwithstanding the generality of Section 10.1 of these Supplementary Letters Patent, the jurisdiction for the services described in Section 8.3 within the District of Langford is transferred to the District of Langford. 10

13 8.3 The District of Langford shall not be a participant in, nor share in the costs of, the following services of the : SERVICE AUTHORITY REFERENCE Building 'Regulation Service Establishment Bylaw No Regulation of Rock Festivals Order-in-Council 1961/70 Regulatory Powers Division IV Regulation of Removal and Deposit of Division XI Soil Community Parks Division XIV Grants-in-Aid Division XIX Nuisances and Unsightly Premises Division XX Animal Control Division XXII Noise Control Division XXVII Street Lighting Division XXXV Harbour Authority Division XXXVII, Order-in- Council 2072/82 Business Regulation Division XXXI I 11

14 ARBITRATION 9. In the event that the Capital regional District and the District of Langford are unable to agree on any matter arising from the implementation of these or Letters Patent incorporating the District of Langford, the parties may request the Inspector of Municipalities to review the issue which is the subject of the dispute, and the Inspector may make recommendations, or may impose a resolution which is binding on both parties. TRANSFER OF SERVICES 10.1 The jurisdiction for all services of the except those described in Section 7.1 above, which are within the jurisdiction of the District of Langford, are hereby transferred to the District of Langford The effective date of transfer of jurisdiction for the services described in Section 4.1 above shall be six months after the effective date of these, unless otherwise provided by Order of the Minister. EFFECTIVE DATE 11. These are effective December 8,

15 IN TESTIMONY WHEREOF, We have caused these Our letters to be made Patent and the Great Seal of Our said Province to be hereunto affixed. WITNESS, the Honourable David C. Lam, Lieutenant Governor of Our said Province of British Columbia, in our City of Victoria, in Our said Province, this a, e day of OCT06ei2_, in the year of Our Lord one thousand nine hundred and ninety-two and in the forty first year of Our Reign. By Command. Attorney General 13

16 Liellenant Governor CANADA PROVINCE OF BRITISH COLUMBIA ELIZABETH the SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. To all to whom these presents shall come- GREETING. ( WHEREAS by Sections 6, 7 and 8 of the ( Municipal Act that upon receipt of ( a request for incorporation and after ( a vote in favour, the Lieutenant- Minister of Municipal Affairs, Recreation and Housing ( Governor in Council may, on the ( recommendation of the Minister of ( Municipal Affairs, Recreation and ( Housing by Letters Patent, ( incorporate the resioents of any ( area of land into a municipality:

17 AND WHEREAS pursuant to the said Section 6 of the Municipal Act, a request has been received praying for incorporation as a municipality of the area hereinafter referred to: AND WHEREAS a vote has been held as required by Sections 6 and 7 of the Municipal Lt, and the result was in favour of incorporation as a municipality: AND WHEREAS the conditions and requirements of the Municipal Act have been complied with NOW KNOW YE THAT by these presents, We do order and proclaim that the residents of the area hereinafter described shall, on, from and after the eighth day of December 1992, be incorporated as a District under the said Municipal Act, and under and subject to the provisions hereinafter contained or referred to: NAME 1. The municipality shall be called and known by the name of the "District of Langford" hereinafter called the municipality. BOUNDARIES 2. Commencing at the most westerly corner of Lot 1 of Lot 62, Esquimalt Land District, Registered Plan 33933, on file in the Land Title Office,

18 Victoria; thence northeasterly along the northwesterly boundary of said Lot 1, Plan to the point of intersection with the southwesterly limit of Fulton Road as shown outlined in red on Registered Plan 40512; thence northwesterly along said southwesterly limit of Fulton Road to the most easterly corner of Lot 6 of Lot 62, Plan 40512; thence southwesterly and northwesterly along the southeasterly and southwesterly boundaries of said Lot 6, Plan to the most westerly corner thereof; thence northwesterly along the southwesterly boundaries of Lots 5, 4 and 3 of Lot 62, Esquimalt Land District and Lot 71, Metchosin Land District, Plan to the northwest corner of said Lot 3, Plan 40512; thence northerly along the westerly boundary of Lot 2 of Lot 62, Esquimalt Land District and Lot 71, Metchosin Land District, Plan to the northwest corner thereof; thence northwesterly along the southwesterly boundaries of Lots 2 and 3 of Lots 71 and 72, Metchosin Land District, Registered Plan to the southwest corner of said Lot 3, Plan 41280; thence westerly, northerly and westerly along the southerly, westerly and southerly boundaries of that part of Lots 71 and 72 as shown outlined in red on Registered Plan and dedicated as Park, to the most southerly southeast corner of Lot 10 of Lot 72, Registered Plan 41579; thence westerly and northwesterly along the southerly and southwesterly boundaries of said Lot 10, Plan to the most westerly corner thereof, being a point on the southeasterly limit of Batting Place as shown on Plan 41579; thence southwesterly along the said southeasterly limit of Batting Place to the most northerly corner of Lot 12 of Lots 71 and 72, Plan 41579; thence southeasterly, southerly, southwesterly and northwesterly along the northeasterly, easterly, southeasterly and southwesterly 3

19 boundaries of said Lot 12, Plan to the most easterly corner of that part of Lots 71 and 72 as shown outlined in a heavy black line on Registered Strata Plan 1459 and dedicated as Common Property; thence southwesterly, northwesterly and southwesterly along the southeasterly, southwesterly and southeasterly boundaries of the Common Property as shown on Strata Plan 1459 to the southwest corner thereof; thence southwesterly, northwesterly and northeasterly along the southeasterly, southwesterly and northwesterly boundaries of Lot A of Lots 71 and 72, Strata Plan 1459 to the point of intersection with the westerly boundary of Lot B of Lots 71 and 72, Strata Plan 1459; thence northwesterly along the southwesterly boundary of said Lot B, Strata Plan 1459 to the northwest corner thereof; thence northwesterly and northeasterly along the southwesterly and northwesterly boundaries of Lot C of Lot 72, Strata Plan 1459 to the most northerly corner thereof; thence northeasterly along the northwesterly boundary of Lot D of Lot 72, Strata Plan 1459 to the most northerly corner thereof; thence northerly along the westerly boundary of Lot 7 of Lot 72, Plan to the northwest corner thereof, being a point on the southeasterly limit of Sunheights Drive as shown on Plan 41579; thence southwesterly, northwesterly and northeasterly along the southeasterly, southwesterly and northwesterly limits of Sunheights Drive as shown on Plan to the southwest corner of Lot 6 of Lot 72, Plan 41579; thence northwesterly and northeasterly along the southwesterly and northwesterly boundaries of said Lot 6, Plan to the northeast corner thereo:; thence northeasterly along the northwesterly boundaries of Lots 5, 4, 3, 2 and 1 of Lot 72, Plan to the northwest corner of said Lot 1, Plan 41579; thence northeasterly along the northwesterly boundaries of Lots 1 4

20 and 2 of Lot 72, Registered Strata Plan 1506, Lot B of Lot 72, Registered Plan and Lot 3 of Lot 72, Strata Plan 1506, to the northwest corner of said Lot 3, Strata Plan 1506; thence northwesterly and northeasterly along the southwesterly and northwesterly boundaries of that part of Lot 72, as shown outlined in a heavy black line on Strata Plan 1506 and dedicated as Common Property to the most northerly corner thereof; thence northwesterly along the southwesterly boundary of Lot 73 to the point of intersection with the southeasterly boundary of Lot 6 of Lots 72 and 73, Registered Plan 22719; thence northeasterly along the southeasterly boundaries of Lots 6, 5, 4, 3, 2 and 1 of Lots 72 and 73, Plan and Lot 12 of Lot 73, Metchosin Land District and Lot 78, Esquimalt Land District, Registered Plan to the most easterly corner of said Lot 12, Plan 22056; thence northeasterly in a straight line to the most westerly corner of Lot 1 of Lot 78, Esquimalt Land District, Registered Plan 30841; thence northeasterly along the northwesterly boundaries of Lots 1, 3, 4, 5, 6, 8, 9, 10 and 11 of Lot 78, Plan to the most northerly corner of said Lot 11, Plan 30941; thence northwesterly along the southwesterly boundary of Lot 77 to the most westerly corner thereof; thence northeasterly along the northwesterly boundaries of Lots 77 and 76 to the point of intersection with the southeasterly limit of the Canadian National Railway Company's right-of-way as shown on Registered Plan S.; thence northeasterly along the said southeasterly limit of Canadian National Railway Company's r:yht-of-way, Plan S., to the point of intersection with the southwesterly prolongation of the northwesterly boundary of Lot 19 of Lot 74, Registered Plan 26787; thence northeasterly along said prolongation and continuing northeasterly along the 5

21 northwesterly boundary of Lot 19 of Lot 74, Plan to the northwest corner thereof; thence northeasterly in a straight line to the southwest corner of Lot 20 of Lot 74, Plan 26787; thence northeasterly along the northwesterly boundary of said Lot 20, Plan to the northwest corner thereof; thence northeasterly, northwesterly and northeasterly along the northwesterly, southwesterly and northwesterly boundaries of Lot 1 of Lots 70, 71, 73 and 74, Registered Plan and continuing northeasterly along the northeasterly prolongation thereof, to the point of intersection with the southwesterly boundary of Lot 73; thence northwesterly and northeasterly along the southwesterly and northwesterly boundaries of Lot 1 of Lots 70, 71, 73 and 74, Plan to the point of intersection with the southwesterly boundary of Lot B of Lot 73, Registered Plan 2604; thence northwesterly along the southwesterly boundaries of said Lot B, Plan 2604 and Lot 1 of Lot 73, Registered Plan to the most westerly corner of said Lot 1, Plan 31525; thence northeasterly along the northwesterly boundary of Lot 1 of Lot 73, Plan and continuing northeasterly along the northeasterly prolongation thereof to the point of intersection with the northeasterly boundary of Lot 73; thence southeasterly along the northeasterly boundary of said Lot 73 to the most westerly corner of Lot A of Lots 71 and 72, Registered Plan 17735; thence northerly and northeasterly along the westerly and northwesterly boundaries of said Lot A, Plan to the most northerly corner thereof; thence easterly along the southerly boundaries of Lots A and B of Lot 72, Registered Plan and Lot A of Lot 72, Registered Plan to the southeast corner of said Lot A, Plan 15917; thence easterly, northerly and northwesterly along the southerly, easterly and northeasterly boundaries 6

22 of Lot B of Lot 72, Plan to the most northerly northeast corner thereof; thence in a general easterly direction along the southerly limit of Fairway Avenue as shown outlined in red on Registered Plan 7235 to the most westerly northwest corner of Lot A of Lots 1 and 72, Registered Plan 10845; thence in a general easterly and northerly direction along the boundaries of said Lot A, Plan to the northeast corner thereof; thence northerly and southeasterly along the easterly and southwesterly limits of Goldstream Avenue, as constructed on the ground, to the point of intersection with the southwesterly prolongation of the northwesterly boundary of Lot 1 of Lot 1, Registered Plan 25455; thence northeasterly along said prolongation and continuing northeasterly along the northwesterly boundaries of Lot 1 of Lot 1, Plan and Lot B of Lot 1, Registered Plan to the northwest corner of said Lot B, Plan 12542; thence easterly along the northerly boundaries of Lot B of Lot 1, Plan 12542, Lot 24 of Lot 1, Registered Plan 2574 and Lot 6 of Lot 1, Registered Plan to the most northerly northeast corner of said Lot 6, Plan 27254, being a point on the right bank of Mill Stream; thence easterly along the easterly prolongation of the northerly boundary of Lot 6 of Lot 1, Plan to the point of intersection with the left bank of Mill Stream; thence in a general southerly and northeasterly direction along said left bank of Mill Stream to the point of intersection with the southwesterly boundary of Lot 98; thence northwesterly along the southwesterly boundary of said Lot 98 to the most viesterly northwest corner thereof; thence westerly and northerly along the southerly and westerly boundaries of Section 1, Range 1 West, Highland Land District to the northwest corner thereof; thence northerly along the westerly boundary 7

23 of Section 2, Range 1 West to the northwest corner thereof; thence northwesterly and northeasterly along the southwesterly and northwesterly boundaries of that part of Section 3, Range 2 West, as shown outlined in red on Registered Plan 682 to the northeast corner of Section 3, Range 2 West; thence westerly along the northerly boundaries of Section 3, Range 2 West and Section 3, Range 3 West to the southeast corner of Lot 1 of Section 4, Range 3 West, Registered Plan 18272; thence northerly and westerly along the easterly and northerly boundaries of said Lot 1, Plan and continuing westerly along the westerly prolongation of the northerly boundary of Lot 1, Section 4, Range 3 West, Plan to the point of intersection with the westerly limit of Millstream Road as shown on Registered Plan 3283 U.S.; thence southerly along the said westerly limit of Millstream Road to the point of intersection with the northerly boundary of Section 3, Range 3 West; thence westerly along the northerly boundaries of Section 3, Range 3 West and Section 3, Range 4 West to the northwest corner of said Section 3, Range 4 West; thence northerly and westerly along the easterly and northerly boundaries of Lot 82 to the northwest corner thereof; thence northerly along the easterly boundary of Lot 80 to the most easterly northeast corner thereof; thence easterly and northerly along the southerly and easterly boundaries of Lot 75A to the northeast corner thereof; thence northerly along the easterly boundary of Lot 73 to the northwest corner of Lot 9 of Lot 74, Registered Plan and being the southerly limit of Rowntree Road; thence westerly along the southerly boundaries of Lot A of Registered Plan and Lot "B" of Lot 73 as shown outlined in red on Registered Plan D.D to the southwest corner of said Lot "B", Plan D.D , and being a point on 8

24 the natural high water mark of Finlayson Arm, on the easterly shore thereof; thence westerly along the westerly prolongation of the southerly boundary of Lot "B" of Lot 73, Plan D.D to the point of intersection with the middle line of Finlayson Arm; thence in a general northerly direction along the said middle line of Finlayson Arm, and passing to the west of Lot 87 (Sawluctus Island) to the point of intersection with the easterly prolongation of the northerly boundary of Lot 112, Malahat Land District; thence westerly along said easterly prolongation to the northeast corner of Lot 112; thence westerly along the northerly boundary of said Lot 112 and continuing westerly along the westerly prolongation thereof to the point of intersection with the westerly limit of Trans Canada Highway Number 1 as shown on Registered Plan 1035 RW; thence southerly along said westerly limit of Trans Canada Highway Number 1, Plan 1035 RW to the point of intersection with the northerly boundary of Lot 120; thence westerly along the northerly boundary of said Lot 120 and continuing westerly along the westerly prolongation thereof to the point of intersection with the westerly limit of the Esquimalt and Nanaimo Railway Company's right of way as shown on Registered Plan 679; thence in a general southerly direction along the westerly limit of said Esquimalt and Nanaimo Railway Company's right of way, Plan 679 to the point of intersection with the northwesterly boundary of Lot 4, Goldstream Land District; thence southwesterly along the northwesterly boundary of said Lot 4 to the most westerly corner thereof; thence southwesterly, southeasterly and southwesterly along the northwesterly, southwesterly and northwesterly boundaries of Lot 30 to the most southerly southwest corner thereof; thence southwesterly along the 9

25 northwesterly boundaries of Lots 37 and 36 to the most westerly corner of said Lot 36; thence southwesterly and southeasterly along the northwesterly and southwesterly boundaries of Lot 25 to the most southerly corner thereof; thence southeasterly and northeasterly along the southwesterly and southeasterly boundaries of Lot 98, Metchosin Land District to the most easterly corner thereof; thence northeasterly along the southeasterly boundary of Lot 99 to the most easterly corner thereof; thence southeasterly along the southwesterly boundary of Lot 89 to the point of intersection with the southwesterly prolongation of the northwesterly boundary of Lot 6 of Block 2 of Lot 89, Registered Plan 1817; thence northeasterly along the said southwesterly prolongation to the most westerly corner of Lot 6 of Block 2 of Lot 89, Plan 1817; thence northeasterly and southeasterly along the northwesterly and northeasterly boundaries of said Lot 6 of Block 2, Plan 1817 to the most easterly corner thereof; thence northeasterly in a straight line to the most westerly corner of Lot 4 of Block 2 of Lot 89, Plan 1817; thence northeasterly and southeasterly along the northwesterly and northeasterly boundaries of said Lot 4 of Block 2, Plan 1817 to the most easterly corner thereof; thence southeasterly along the northeasterly boundary of Lot 5 of Block 2 of Lot 89, Plan 1817 to the most easterly corner thereof; thence southeasterly along the northeasterly boundary of Lot 6 of Block 2 of Lot 89, Plan 1817 and continuing southeasterly along the southeasterly prolongation thereof to the point of intersection with the northwesterly boundary of Lot 10 of Block B of Lots 88 and 89, Registered Plan 1139; thence northeasterly along the northwesterly boundaries of Lots 10, 6, 5 and 4 of Block B of Lots 88 and 89, Plan 1139 to the most northerly corner of said Lot 4 of 10

26 Block B, Plan 1139; thence southeasterly and northeasterly along the southwesterly and southeasterly boundaries of Lot 2 of Lots 87 and 88, Registered Plan to the most easterly corner thereof; thence southeasterly and northeasterly along the southwesterly and southeasterly boundaries of Lot 1 of Block B of Lots 87 and 88, Plan 1139 to the most northerly corner thereof; thence northeasterly in a straight line to the most westerly northwest corner of Block 2 of Lots 86 and 87, Metchosin Land District and Lots 84 and 90, Esquimalt Land District, Registered Plan 1718; thence northeasterly, southeasterly and southwesterly along the northwesterly, northeasterly and southeasterly boundaries of said Block 2, Plan 1718 to the most southerly corner thereof; thence southeasterly in a straight line to the most westerly corner of Lot 1 of Block 2 of Lot 86, Metchosin Land District and Lot 84, Esquimalt Land District, Registered Plan 1524; thence southeasterly and northeasterly along the southwesterly and southeasterly boundaries of said Lot 1, Plan 1524 to the northeast corner thereof; thence northed3:cerly along the southeasterly boundary of Lot 2 of Block 2 of Lot 86, Metchosin Land District and Lot 84, Esquimalt Land District, Plan 1524 to the point of intersection with the northeasterly boundary of Lot 86, Metchosin Land District; thence southeasterly and southwesterly along the northeasterly and southeasterly boundaries of said Lot 86 to the most southerly corner thereof; thence southwesterly along the northwesterly boundaries of Lots 76 and 77 to the most westerly corner of said Lot 77; thence southeasterly along the southwesterly boundaries of Lots 77 and 71, Metchosin Land District to the point of intersection with the southwesterly boundary of Lot 15 of Lot 71, Registered Plan 47342; thence southeasterly and northeasterly along the 11

27 southwesterly and southeasterly boundaries of said Lot 15, Plan to the point of intersection with the southwesterly boundary of Lot 71; thence southeasterly along the southwesterly boundaries of Lot 71, Metchosin Land District and Lot 62, Esquimalt Land District to the aforesaid most westerly corner of Lot 1 of Lot 62, Plan 33933, being the point of commencement, save and except therefrom Indian Reserve Number 13, but including that part of Finlayson Arm Road, as constructed on the ground, lying within Indian Reserve Number 13; the whole of the municipality containing by admeasurement hectares of land, more or less, and hectares of foreshore and land covered by water, more or less. COUNCIL 3. The council of the municipality shall consist of a mayor and 6 councillors to be elected at large. A quorum shall be 4 members. TERM OF OFFICE 4. The term of office for the first council will be from December 8, 1992 until December 6, Elections will be held every three years thereafter, as set out by the Municipal Act for general local elections. ELECTION 5. Thomas Moore, the Returning Officer for the, 12

28 shall be the Returning Officer and shall be responsible for the conduct of the election for the first council of the municipality. 6. The nominations for the first council of the municipality shall be held on Monday, October 26, 1992 between the hours of 10:00 a.m. and 12 noon at a place or places to be determined by the Returning Officer. 7. Any elector whose name appears as an elector on the list of electors for the current year of any municipality, the City of Vancouver or a regional district within the Province, is qualified to be nominated, elected, and to hold office as a member of the first elected council. 8. The election of the members of the first elected council of the municipality shall be conducted in the manner provided for general local elections by the Municipal Act, and, except as otherwise herein provided, the provisions of the Municipal Act apply to the first election, and for the first election provisions shall be made for: (a) the election of a mayor, to hold office on and from the day of the first meeting of the first elected council for a one year term, or until his or her successor is sworn in; and (b) the election of six councillors who shall be candidates polling the six highest number of votes, each to hold office on and from the day of the first meeting of the first elected council for a one year term, or until their successors are sworn in. 13

29 9. The poll, if required, shall be held on Saturday November 21, 1992 between the hours of 8:00 a.m. and 8:00 p.m. at a place or places to be determined by the Returning Officer. 10. Those persons or corporations entitled to vote at the poll are: (a) those persons qualified to vote as electors, pursuant to Part 2 of the Municipal Act, in the area described in Section 2 of the Letters Patent, and are included on the list of electors for the Capital Regional District Langford Electoral Area prepared under the Municipal Act; and (b) notwithstanding the provisions of subsection (a), a person whose name does not appear on the list of electors is entitled to vote if: (i) the person files with the Returning Officer an application for registration in the form prescribed by the Municipal Act; (ii) the person is otherwise qualified to have his/her name entered upon the list of electors. 11. In the event that a poll is required, an advance poll shall be held on the day, or days, and in the place, or places, as the Returning Officer shall determine. A person may vote at the advance poll, pursuant to the provisions of Part 3 of the Municipal Act. 14

30 12. The Returning Officer shall issue a notice of election, in the form prescribed in Section 93 of the Municipal Act, at least ten days before the nomination day designated in the notice, calling on the electors to nominate and elect, on a day and at a place designated in the notice, 00 members of council as are to be elected. FIRST MEETING 13. The first meeting of the council shall be held in the afternoon of Tuesday December 8, 1992, at a time and a place to be set by the Mayor-elect. ASSESSMENT ROLL 14.1 The Assessment Roll of lands and improvements for the 1993 taxation year for the area covered by these Letters Patent, shall be completed, returned, confirmed and authenticated by the British Columbia Assessment Authority The return under Section 6(2) of the Assessment Act shall be addressed to the Clerk of the municipality, care of the Inspector of Municipalities Any assessment appeal, pursuant to Section 40 of the Assessment Act, against the assessment of a property within the area covered by these Letters Patent, is deemed to be an appeal against the assessment roll of the municipality. 15

31 BORROWING POWER 15. The borrowing power of the municipality shall be determined by the Inspector of Municipalities until such time as Section 325 of the Municipal Act applies. CURRENT EXPENDITURES 16. The council shall have the power to incur liabilities by borrowing money, or otherwise, but not exceeding the amount to be determined by the Inspector of Municipalities for the purpose of operating the municipality, until a bylaw to impose rates under Section 273 of the Municipal Act has been adopted for the year 1993 and any liability so incurred shall be repaid out of the revenue for the year FARM IMPROVEMENT EXEMPTION 17. For the area included within the municipality by these Letters Patent, real property that before the effective date of these Letters Patent is exempt from taxation by reason of Section 13(1)(f) of the Taxation (Rural Areal Act, but after the effective date of these Letters Patent is not exempt from taxation under the Municipal Act, shall be exempt from taxation as provided for in Section 13.1 of the Municipal Act. 16

32 PROPERTY TAX EXEMPTION BYLAW 18. For the purposes of Section 400 of the Municipal Act, the property tax exemption bylaw for the 1993 calendar year shall be adopted by council not later than January 31, PROVISIONAL BUDGET 19. Notwithstanding Section 263 of the Municipal Act, the Mayor-elect shall cause to be prepared a provisional budget for that portion of 1992 that the municipality is incorporated and for all of the year A copy of the provisional budget shall be supplied to each member of council at the first meeting of council. The provisional budget, that was caused to be prepared by the Mayor-elect or as altered by the council, shall be adopted not later than January 25, ACCOUNTS AND AUDIT 20. For the purposes of Part 8 of the Municipal Act, the first year shall run from December 8, 1992 to December 31, BYLAW REGISTRATION 21. The municipality is deemed to be a village for the purposes of Section 307 of the Municipal Act, until December 31,

33 LANGFORD FIRE PROTECTION DISTRICT 22.1 The Langford Fire Protection District is dissolved effective as and from midnight, December 31, 1992, and all property, both real and personal, and all rights, powers and privileges arising out of any contract, agreement, collective agreement, covenant, or otherwise whatsoever, and all tasks, debts, actions, causes of actions, and all claims and demands whatsoever either at law or in equity pertaining to the Langford Fire Protection District, shall transfer to, vest in, and belong to the municipality from that date including those assets located in the portions of the Langford Fire Protection District lying outside the area newly incorporated by these Letters Patent Nothing in these Letters Patent shall impair or affect the rights of any creditor of the Langford Fire Protection District, and the municipality incorporated under these Letters Patent shall be liable for and subject to and shall pay, discharge, carry out and perform all debts, liabilities, obligations, contracts and duties of the Langford Fire Protection District, which exist on and from December 31, Subject to these Letters Patent, each bylaw, right, power, privilege, contract, resolution, order, licence and permit of whatsoever kind and description passed, made, enacted, entered into and granted, and in effect, or in force in, or issued to, or by the Langford Fire Protection District, and having application to the area incorporated by these Letters Patent, insofar as they are within the powers of the municipality, shall 18

34 remain in full force and effect, in and for the municipality, on and from midnight of December 31, 1992, and each may be enforced, amended or repealed by the council of the municipality in the same manner as if they were passed, made, enacted, entered into, or granted by the municipality As of December 31, 1992 there is hereby established a standing committee pursuant to Section 239 of the Municipal Act, to be known as the Langford Fire Protection Management Committee, which shall remain in place until December 31, 1994 at the earliest. The Council shall, no later than February 28, 1993, adopt a bylzw pursuant to Section 242 of the Municipal Act to delegate to the Langford Fire Protection Management Committee the authority to exercise executive or administrative powers as may be defined by the bylaw The general purpose of the Langford Fire Protection Management Committee shall be to manage any and all matters relating to fire protection within the municipality, and within areas located outside the municipality for which the municipality may be responsible by contract to provide fire protection service, including making recommendations to Council with respect to the annual budget Notwithstanding Sections 239 and 242 of the Municipal Act, the membership and term of office of the Langford Fire Protection Management Committee shall include the following: 19

35 (a) the Board of Trustees holding office upon dissolution of the Langford Fire Protection District, who shall be members of the Committee until December 31, 1994, at the earliest; (b) two councillors from the municipality, who shall be appointed annually; (c) two electors from the municipality, who shall be appointed annually; and (d) one member, to be nominated annually by the board of the Capital Regional District, who shall represent the area outside of the municipality for which the municipality may be responsible by contract to provide fire protection service Where a vacancy exists in the membership required by Section 22.6 (a), above, a replacement member may be appointed. CONTINUATION OF SERVICES TO THE REGIONAL DISTRICT 23.1 As of the date of dissolution of the Langford Fire Protection District, the municipality shall provide the service of fire protection, for and on behalf of the, to the local service area established by, effective December 8, 1992, for the purposes of providing that service to those portions of the Langford Fire Protection District lying outside the area incorporated by these Letters Patent, and the municipality shall, no later than December 31, 1992 adopt a bylaw to make an agreement with the Capital Regional District, pursuant to Section 699 (1) (e) of the Municipal Act. 20

36 23.2 As of the date of dissolution of the Langford Fire Protection District, the municipality shall, by contract, provide the services of street lighting and numbering of buildings, for and on behalf of the Capital Regional District, to the service areas established by Supplementary Letters Patent, effective December 8, 1992, for those portions of the Langford Fire Protection District lying outside the area incorporated by these Letters Patent The shall requisition, collect and remit to the municipality, such taxes and charges as are necessary to meet its share of the operating and debt servicing costs of services provided by the municipality as described in Sections 23.1 and 23.2 of these Letters Patent For the year 1993, the amount to be charged by the municipality, and to be paid by the, in return for the provision of the services required by Sections 23.1 and 23.2 above, shall be the pro-rated portion of the total costs of the respective services of the municipality apportioned on the basis of the net taxable values of land and improvements for hospital purposes within the service areas and within the municipality. 21

37 LANGFORD LAKE IMPROVEMENT DISTRICT 24.1 The Langford Lake Improvement District is dissolved effective as and from midnight, December 31, 1992, and all property, both real and personal, and all rights, powers and privileges arising out of any contract, agreement, collective agreement, license, permit, covenant, or otherwise whatsoever, and all tasks, debts, actions, causes of actions, and all claims and demands whatsoever either at law or in equity pertaining to the Langford Lake Improvement District, shall transfer to, vest in, and belong to the municipality from that date, except as otherwise provided in these Letters Patent Nothing in these Letters Patent shall impair or affect the rights of any creditor of the Langford Lake Improvement District, and the municipality, incorporated under these Letters Patent, shall be liable for and subject to and shall pay, discharge, carry out and perform all debts, liabilities, obligations, contracts and duties of the Langford Lake Improvement District, which exist on and from December 31, As of December 31, 1992 there is hereby established a council advisory committee to be known as the Langford Lake Advisory Committee, which shall remain in place until December 31, 1993 at the earliest The purpose of the Langford Lake Advisory Committee shall be to advise the municipal council on any and all matters, including the annual budget, relating to lake level control and quality of the water of Langford Lake. 22

38 24.6 The membership of the Langford Lake Advisory Committee shall be comprised of the Board of Trustees of the Langford Lake Improvement District at the time of dissolution, and such other members as Council may appoint. REGIONAL DISTRICT BYLAWS 25. Subject to these Letters Patent, each bylaw, right, power, privilege, contract, resolution, order, licence and permit of whatsoever kind and description passed, made, enacted, entered into and granted, and in effect, or in force in, or issued to, or by the, and having application to the area incorporated by these Letters Patent, insofar as they are within the powers of the municipality, on and from midnight of December 8, 1992 may be enforced, amended or repealed by the council of the municipality in the same manner as if they were passed, made, enacted, entered into, or granted by the municipality. MANAGEMENT OF DEVELOPMENT 26.1 Jurisdiction for management of development within the municipality is transferred from the to the municipality as described in the, effective December 8, 1992, of the. 23

39 26.2 Notwithstanding the generality of Section 25 above, the official community plan, zoning, subdivision servicing, land use application procedure, and sign bylaws for the municipality shall be, respectively: (a) Bylaw No of the, cited as "Langford Official Community Plan Bylaw, 1986"; (b) Bylaw No. 980 of the, cited as "Langford Zoning Bylaw, 1981"; (c) Bylaw No. 986 of the, cited as "Langford Subdivision Bylaw 1982"; (d) Bylaw No of the, cited as "Land Use Application Procedure Bylaw 1987"; and (e) Bylaw No of the, cited as "Langford Sign Bylaw 1987"; and all subsequent amendments, as if the respective bylaws were passed, made or enacted by the council of the municipality until amended or repealed by the council of the municipality A contract is hereby established between the municipality and Capital Regional District whereby the will administer the management of development within and on behalf of the municipality until midnight, December 31, Th? specific terms of the contract shall be as mutually agreed by the municipality and the Capital Regional District, and may include an expiry of the contract prior to December 31, 1993 upon notice being provided as established by those terms. 24

40 REGIONAL DISTRICT ELECTORAL AREA MANAGEMENT OF DEVELOPMENT 27 For the year 1993, the municipality shall be a municipal participating area in the general service of management of development, as defined by Section 787(c) of the Municipal Act and shall share in the cost of that service according to Section 808(6) of the Municipal Act. REGIONAL DISTRICT SERVICES TRANSFERRED TO THE MUNICIPALITY 28.1 The following services of the are transferred to the municipality as described in, effective December 8, 1992, of the : SERVICE AUTHORITY REFERENCE Pacific Centre of Human Development Grant-in-Aid Service Establishment (Conversion) Bylaw No Commonwealth Games Service Establishment Bylaw No Goldstream Region Society Grant-in- Specified Area Bylaw No Aid Langford Enhancement Society Specified Area Bylaw No Beautification Projects 25

41 Economic Development Commission Service Establishment (Conversion) Bylaw No Numbering of Buildings Service Establishment Bylaw No The Council may enter into a contract with the for the provision of administrative services with respect to work on behalf of the Langford Enhancement Society The Council shall, no later than January 31, 1993, adopt a bylaw to provide for membership of the Langford Economic Development Commission. If the maintains a contribution from the Langford Electoral Area to the Economic Development Commisssion of the municipality, then the membership of the Commission shall include one or more members nominated by the A contract is hereby established between the municipality and Capital Regional District whereby the will provide administrative services to the Economic Development Commission within and on behalf of the municipality until midnight, December 31, 1993 and the cost, net of fees and charges, shall be paid for by the municipality. Further specific terms of the contract shall be as mutually agreed by the municipality and the, and may include an expiry of the contract prior to December 31, 1993 upon notice being provided as established by those terms. 26