Ministre des ~..+ Relations Couronne-Autochtones Q. 70,4,!Nie'.7 Ottawa, Canada K1A OH4 I, Minister of Crown-Indigenous Relations, HEREBY APPROVE, pursuant to section 83 of the Indian Act, the following by-law made by the Westbank First Nation, in the Province of British Columbia, at a meeting held on the 27th day of August 2018. Westbank First Nation Capital Expenditure By-law No. 18-TX-05 Dated at Ottawa, Ontario, this 1 day of 1\i° \i e mbe t- Hon. Carolyn Bennett, M.D., P.C., M.P. Canad'â . " ? . ~ Minister of Crown Indigenous Relations 2018.
WESTBANK FIRST NATION SENSISYUSTEN GYMNASIUM ROOF REPLACEMENT CAPITAL EXPENDITURE BYLAW NO. 18-TX-05 TO AUTHORIZE THE EXPENDITURE OF A MAXIMUM OF TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000.00) FROM MONEY RAISED PURSUANT TO SECTION 83(1) OF THE INDIAN ACT, FOR THE PURPOSE OF ROOF REPLACEMENT OF THE SENSISYUSTEN GYMNASIUM BUILDING AT 1900 QUAIL LANE, WESTBANK BC, WITHIN THE TSINSTIKEPTUM INDIAN RESERVE NO.09. WHEREAS: 1. Pursuant to Section 83(1) of the Indian Act and Westbank First Nation's inherent right of self-government, Westbank First Nation has enacted the Westbank First Nation Property Taxation By-law, 95-TX-08 (the "Taxation By-law"); 2. Pursuant to the Westbank First Nation Expenditure By-law, 1995, amended by By-law 97-TX-03 (the "Expenditure By-law"), Westbank First Nation is authorized to expend moneys raised pursuant to the Taxation By-law for local purposes, including the provision of Local Services on Reserve and capital projects; 3. In accordance with section 12(3)(1) of the Taxation By-Law, Westbank First Nation annually deposits ten percent (10%) of annual gross taxes into the "a cumulative capital projects fund", (the "Cumulative Fund") to be used from time to time for such capital projects as may be authorized by a separate by-law; 4. In accordance with section 4.4 of the Expenditure By-law, " surplus monies remaining in the Taxation Fund at the end of the Fiscal Year...may be transferred into the Stabilization Fund, (the "Stabilization Fund") and may be applied toward...overruns on existing Capital projects or.. any other contingencies"; 5. Westbank First Nation deems it desirable and in the best interest of the community to proceed with roof replacement of the "Sensisyusten Gymnasium" located at 1900 Quail Lane, Westbank, BC on Tsinstikeptum Indian Reserve No.09 (the "Roof Replacement"). The Roof Replacement will be completed in accordance with a proposed estimated cost of Two Hundred and Fifty Thousand Dollars ($250,000.00) (see Schedule "A"); 6. Funding for the Installation will be drawn from the Cumulative Fund, raised pursuant to Section 83(1) of the Indian Act.
NOW THEREFORE, the Council of Westbank First Nation hereby enacts the following by-law; SHORT TITLE 1. This By-law may be cited for all purposes as the "Sensisyusten Gymnasium Roof Replacement Capital Expenditure By-law No. 18-TX-05". EXPENDITURE AUTHORIZATION 2. Westbank First Nation hereby acknowledges that it is in the best interests of the community to proceed with the roof replacement in accordance with the schematics and plan attached (Schedule A). 3. Westbank First Nation hereby approves the expenditure of not more than Two Hundred and Fifty Thousand Dollars ($250,000.00) on the roof replacement, to be drawn from the Cumulative Fund. 4. Westbank First Nation authorization of this capital expenditure includes all external expenditures related to the project including architects, designers, consultants, engineers, contractors, permits, and suppliers of all related goods and materials, but will not include any allocation of Westbank First Nation internal costs, overhead, or implicit interest. 5. Any of the project funds not expended on the "Sensisyusten Gymnasium Roof Replacement" or incidental costs related thereto will be reimbursed to the Cumulative Fund.
EFFECTIVE This By-law comes into full force and effect upon approval by the Minister of the Department of Indigenous Affairs and Northern Development. BE IT HEREBY RESOLVED AND AGREED: That this By-law, entitled Sensisyusten Gymnasium Roof Replacement Capital Expenditure By-law No. 18-TX-05", being read for the first, second and third and final time by the Council of Westbank First Nation held at duly convened meetings. 1st Reading Kelowna, British Columbia, this 13th day of August 2018. 2nd Reading Exempt from second reading as per section 60.9 of Westbank First Nation Constitution pertaining to enactment of a Local Revenue Law. 3rd Reading Kelowna, British Columbia, this 27th day of August, 2018. I (1 Chief Roxani ndley, Councillor Th.maskonek Councillor Christopher Derickson Councillor Fernanda Alexander
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