Westar Mining Ltd. municipal tax arrears

11  (1)  In addition to an authority to borrow under the Municipal Act and despite that Act, the council of The Corporation of the City of Fernie, the council of the District of Elkford and the council of the District of Sparwood may, by bylaw adopted without the assent of the electors or the approval of the inspector of municipalities, provide for the borrowing of money up to the maximum amount determined under subsection (2).

(2)  For each municipality, the maximum amount that may be borrowed under subsection (1) is the aggregate of

(a) the municipality's portion of the delinquent taxes and taxes in arrear owed by Westar Mining Ltd. that are subject to the tax sharing agreement between the municipalities dated March 21, 1982, as amended by order of the Minister of Municipal Affairs dated April 18, 1984, and

(b) the delinquent taxes and taxes in arrear that are owed by Westar Mining Ltd. to the municipality and that are not subject to the agreement referred to in paragraph (a).

(3)  When received, the delinquent taxes and taxes in arrear referred to in subsection (2) must be applied first to repay money borrowed under subsection (1).

(4)  Despite section 457 of the Municipal Act, the council of the District of Elkford and the council of the District of Sparwood may, by bylaw, exempt property owned or leased by Westar Mining Ltd. from tax sale under that section in relation to delinquent taxes.

(5)  An exemption under subsection (4) does not affect the obligation to pay the delinquent taxes and does not prejudice the right of the municipal collector to offer the property for sale in a succeeding year.

1992-15-2.