Fixed Assessment Agreement Disclaimer

Fixed Assessment Agreement

Disclaimer: This draft bylaw has been prepared by staff in the Advisory Services and Municipal Relations Branch of the Ministry of Government Relations, not legal experts. It is intended for guidance/illustrative purposes only and may be reworded to suit local conditions and requirements. It is always advisable to obtain the advice of a solicitor in drafting bylaws.

(MUNICIPALITY STATUS) OF (NAME / #)

BYLAW NO ______

A BYLAW TO PROVIDE FOR ENTERING INTO A FIXED ASSESSMENT AGREEMENT

The Council of the ______of ______in the Province of Saskatchewan enacts as follows:

1. The [full name of municipality] is hereby authorized to enter into an agreement, attached hereto and forming a part of this bylaw, and identified as “Exhibit A”, with [person’s name], assessed owner of [legal description of land] for the purpose of fixing the assessment of [select one of the following]  land used for farming purposes.  a dwelling situated within the Organized Hamlet of [name].

2. The Mayor/Reeve and the Administrator of the [full name of municipality] are hereby authorized to sign and execute the attached agreement identified as “Exhibit A”. [use the applicable agreement template]

Mayor / Reeve [SEAL]

Administrator

Read a third time and adopted this ____ day of ______

______Administrator Exhibit A to Bylaw No. ______

A G R E E M E N T (fixing assessment of LAND)

THIS AGREEMENT made in duplicate Between: The [full name of municipality] in the Province of Saskatchewan (the Municipality) And: [Owner’s name] of [Owner’s address] in the Province of Saskatchewan (the Owner)

IT IS AGREED THAT:

1. [Person’s full name], whose principal occupation is farming, is the owner of the land referenced in Section 2 of this agreement.

2. The land which is the subject of this agreement is legally described as [legal description of land] comprised of [number] hectares (or acres) which is used exclusively for farming purposes and has not been subdivided into lots.

3. While the property noted above remains or continues to be used exclusively for farming purposes, the Municipality will (edit and select the options to reflect council’s policy decision – A, B, or both).

A. place thereon a fixed valuation of $[amount] on the land and any improvements thereon for the purposes of assessment.

B. fix (or set) the rate of taxation for all purposes (if only for specified purposes, itemize) on the assessed value of the land and any improvements thereon.

4. This agreement comes into effect on [specify date] and will terminate: a) on [specify date]; (no longer than 5 years, after which it may be renewed if both parties agree) b) if the property is revalued for assessment purposes prior to the above termination date; (not legislatively required) c) if additional improvements are placed, erected or constructed on the land; d) if renovations are made to existing improvements; e) if the land or a portion thereof is used for any purpose other than farming; f) if the owner’s share of the land is reduced to less than (select one of the following)  eight hectares (in a town); or  two hectares (in a village or resort village); or g) if the land is subdivided.

Dated at ______this _____ day of ______, ______

Municipality of ______Mayor [Seal]

Administrator

Witness Assessed Owner

Note:  Council may wish to add any clauses or terms and conditions that it requires  If the assessed owner is a corporate entity, its officers will sign and affix the corporation’s seal – witnesses are not required.  If the assessed owner is not a corporate entity, the witness will complete the Affidavit of Execution. Exhibit A to Bylaw No. ______

A G R E E M E N T (fixing assessment of DWELLING)

THIS AGREEMENT made in duplicate Between: The [full name of municipality] in the Province of Saskatchewan (the Municipality] And: [Owner’s name] of [Owner’s address] in the Province of Saskatchewan (the Owner)

IT IS AGREED THAT:

1. [person’s full name], whose principal occupation is farming, is the owner of a dwelling situated on land legally described as [legal description of land] situated within the Organized Hamlet of [name].

2. The dwelling described in section 1 of this agreement would be exempt from taxation pursuant to The Municipalities Act except for its location within the organized hamlet.

3. The council of the [full name of municipality] desires to provide a fixed assessment to the owner pursuant to section 198 of The Municipalities Act on the above mentioned property.

4. There shall be a fixed assessment value placed on the dwelling on the above mentioned land as follows: Assessment Number: Assessment prior to agreement: Fixed assessment value:

5. This agreement comes into effect on [specify date] and will terminate: a) on [specify date]; (no longer than 5 years, after which it may be renewed if both parties agree) b) if the property is revalued for assessment purposes prior to the above termination date; (not legislatively required) c) if there is a change of circumstances that negates section 2 of this agreement; (i.e. the owner disposes of land in the rural municipality – not legislatively required) d) if the use of the dwelling is changed; e) if there is a subdivision of the land; f) if there is a change in the ownership of the land; g) if there are renovations made to the dwelling; h) if additional improvements are placed, erected or constructed on the land; or i) if renovations are made to existing improvements.

Dated at ______this _____ day of ______, ______

Municipality of ______Reeve [Seal]

Administrator

Witness Assessed Owner

Witness Assessed Owner Note:  Council may wish to add any clauses or terms and conditions that it requires  If the assessed owner is a corporate entity, its officers will sign and affix the corporation’s seal – witnesses are not required.  If the assessed owner is not a corporate entity, the witness will complete the Affidavit of Execution. AFFIDAVIT OF EXECUTION

C A N A D A I, ______, of the PROVINCE OF SASKATCHEWAN ______of ______, TO WIT: ______(occupation) make oath and say

1. That I was personally present and did see ______, named in the within instrument, who is personally known to me to be the person named therein, duly sign and execute the same for the purpose named therein;

2. That the same was executed at the ______of ______in the Province of Saskatchewan, on the ____ day of ______, 20___, and that I am a subscribing witness thereto;

3. That I know the said ______and he/she is in my belief the full age of eighteen years

SWORN before me at the ______of ______in the Province of Saskatchewan, this ____ day of ______, 20___

A Commissioner for Oaths in and for Saskatchewan My appointment expires ______

NOTE: This form should be used when agreements are entered into with individuals or non-corporate bodies. The signing of the agreement by these parties would be witnessed, and the witness should sign this affidavit in the presence of a Commissioner for Oaths. This affidavit should be retained with the agreement.