NOTICE TO ELECTORS of an Alternative Approval Process - SILVER STAR SEWER UTILITY SERVICE ESTABLISHMENT AND LOAN AUTHORIZATION
This notice is to advise electors within the Silver Star area of Electoral Area “C” of the intention to adopt Silver Star Sewer Utility Service Establishment Bylaw No. 2971, 2023 and Silver Star Sewer Utility Loan Authorization Bylaw No. 2972, 2023, as well as to enter into an agreement with Silverhawk Utilities Inc. (“Silverhawk”). The purpose of the bylaws are to establish a service and adopt a loan authorization bylaw to allow for the borrowing of up to $4,500,000 to facilitate the acquisition, operation and maintenance of the Silver Star Sewer Utility at Silver Star Mountain. The agreement, under which a liability will be incurred, is for the purchase of the assets associated with the Silver Star Sewer Utility from Silverhawk, for a base purchase price of $6,000,000 payable over four (4) years, plus a contingent liability to pay Silverhawk additional consideration in the amount of $800 per new additional “pillow unit” for a period of ten (10) years. The “pillow units” will be calculated based on the impact to the sewer system from new connections and development.
A copy of Bylaw Nos. 2971 and 2972, and a summary of the proposal is available from the Regional District office located at 9848 Aberdeen Road, Coldstream, BC during each business day between 8:00 a.m. to 4:30 p.m. or on our website at www.rdno.ca.
The Board of Directors proposes to undertake the adoption of Silver Star Sewer Utility Service Establishment Bylaw No. 2971, 2023 and Silver Star Sewer Utility Loan Authorization Bylaw No. 2972, 2023 and enter into an agreement with Silverhawk, unless by 4:00 p.m., Monday, November 20, 2023, at least 10% (percent) of the electors in the Silver Star area of Electoral Area “C” sign, and submit, an Elector Response Form opposing the adoption of both Silver Star Sewer Utility Service Establishment Bylaw No. 2971, 2023 and Silver Star Sewer Utility Loan Authorization Bylaw No. 2972, 2023 and the entering into an agreement with Silverhawk, unless the Board holds a vote (referendum). The number of Elector Responses required to prevent the RDNO from proceeding unless a vote is held is estimated to be 153. A report respecting the basis on which this determination was made is available upon request from the RDNO.
Elector Response Forms (ERF’s) are required to be submitted to the RDNO on forms that can be obtained during regular business hours from the RDNO located at 9848 Aberdeen Road, Coldstream, BC or downloaded from our website at www.rdno.ca. The only ERF’s that will be accepted by the RDNO are the ones provided by the RDNO or an accurate copy of the form.
The only persons entitled to sign the Elector Response Forms are qualified electors within the Silver Star area of Electoral Area “C” (shown on the map attached to Bylaw No. 2971) to which this Alternative Approval Process applies. There are two (2) types of electors:
- A resident elector is an individual who is qualified to vote in a jurisdiction by virtue of living (residing) in the jurisdiction. Resident electors signing the elector response form must provide their name and address. To sign an Elector Response Form as a resident elector a person must:
- be 18 years of age or older; and
- be a Canadian citizen; and
- have lived in British Columbia for at least six months immediately prior to signing the Elector Response Form; and
- live in the jurisdiction (Silver Star Mountain area of Electoral Area “C”); and
- not be disqualified by any enactment from voting in an election or otherwise disqualified by law.
- A non-resident property elector is an individual who does not live (does not reside) in the participating service area but is entitled to vote by virtue of owning real property in that jurisdiction. Non-resident property electors must provide their name and the address of the property in relation to which they are entitled to register as a non-resident property elector. Only one (1) non-resident property elector may sign an elector response form per property, regardless of how many people own the property and that owner must have the written consent of a majority of the other property owner(s) to sign the elector response form on their behalf, consent forms are available upon request or from the website at www.rdno.ca. Property owned in whole or in part by a corporation does not qualify under the non-resident property elector provisions. To sign an elector response form as a non‑resident property elector a person must:
- not be entitled to register as a resident elector in the participating service area; and
- be 18 years of age or older; and
- be a Canadian citizen; and
- have lived in British Columbia for at least six months immediately prior to signing the Elector Response Form; and
- not be disqualified by any enactment from voting in an election or otherwise disqualified by law; and
- have owned property in the jurisdiction (Silver Star Mountain area of Electoral Area “C”) for at least 30 days prior to signing this Elector Response Form.
Be advised that only one non-resident property elector may sign an Elector Response Form per property, regardless of how many people own the property; and, that owner must have the written consent of a majority of the other property owner(s) to sign the response form on their behalf. Non-resident property elector consent forms are available on our website at www.rdno.ca or contact corp@rdno.ca to request a form be forwarded to you.
NOTE: There is no Corporate Vote – no corporation is entitled to be registered as an elector or have a representative registered as an elector and no corporation is entitled to vote.
Elector Response Form submissions will be accepted in person at the RDNO office, by mail, facsimile (fax) and email. If the form is submitted to the RDNO by fax or email it is the sender’s responsibility to ensure that transmission of the form is completed.
Further information regarding this Alternative Approval Process including elector qualifications is available on our website at www.rdno.ca or by phone 250.550.3700 / 1-855-650-3700 toll free
Ashley Bevan
Deputy Corporate Officer