Part II - Enacted First Nations Legislation

Decision Information

Decision Content

miNm Ministre des Affaires Minister of Indigenous and autochtones et du Nord ~ Northern Affairs Ottawa, Canada K1A 0H4 I, Minister of Indigenous and Northern Affairs, 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 2nd day of August 2016. Westbank First Nation Capital Expenditure By-law No. 16-TX-07 . Dated at Ottawa, Ontario, this day of 2016. Hon. Carolyn Bennett, M.D., P.C., M.P. Canada
WESTBANK FIRST NATION IR NO.09 COMMUNITY CORE IMPROVEMENTS PHASE II CAPITAL EXPENDITURE BY-LAW NO. 16-TX-07 To authorize the expenditure of a maximum of Four Hundred Fifty Thousand Dollars ($450,000) from money raised pursuant to section 83(1) of the Indian Act, for the purpose of completing the construction of Community Core Phase II Road Construction and Landscaping within the Tsinstikeptum Indian Reserve No.09. WHEREAS: A. Pursuant to Section 83(1) of the Indian Act and the Westbank First Nation's inherent right of self-government, the Westbank First Nation has enacted the Westbank First Nation Property Taxation By-Iaw, 95-TX-08 (the "Taxation By-law"); B. In accordance with section 12(3)(m) of the Taxation By-law, the Westbank First Nation annually deposits Ten (10%) percent of annual gross taxes in an income contingency fund (the "Contingency Fund") to be used from time to time for such capital projects as may be authorized by separate by-law; C. In accordance with section 4.4 of the WFN Expenditure By-law 1995, all surplus monies remaining in the Taxation Fund at the end of the Fiscal Year specified in the Expenditure By-law Annual Budget Schedule may be transferred into the Stabilization Fund, and may be applied towards the operation and administration costs for the next Fiscal Year, overruns on existing Capital projects or for any other contingencies, (the "Stabilization Fund"); D. Westbank First Nation deems it desirable and in the best interest of the community members to advance funds to complete the Community Core Phase II Road Construction and Landscaping Project on Tsinstikeptum Indian Reserve No.09. E. The Westbank First Nation has concluded the total cost of construction of the Community Core Phase II Road and Landscaping on Tsinstikeptum Indian Reserve No.09 to be not more than Four Hundred Fifty Thousand Dollars $450,000 as outlined in Schedule "A" to this By-law.
NOW THEREFORE, the Council of the Westbank First Nation hereby enacts the following bylaw; SHORT TITLE 1. This By-law may be cited for all purposes as the IR No.09 Community Core Phase II Road Construction and Landscaping Project Capital Expenditure By-law No. 16-TX-07. EXPENDITURE AUTHORIZATION 2. The Westbank First Nation hereby acknowledges that it is in the best interests of all community and band members of the Westbank First Nation to proceed with the Community Core Phase II Road Construction and Landscaping Project as summarized in Schedule "A" to this By-law. 3. The Westbank First Nation hereby approves the expenditure of not more than Four Hundred Fifty Thousand Dollars ($450,000) from the Contingency Fund for the purposes of the Community Core Phase II Road Construction and Landscaping Project (the "Project Funds"). 4. The Westbank First Nation also authorizes the expenditure of all or a portion of the Project Funds to acquire all such lands, easements, rights-of-way, licences, permits, rights and authorities as may be required or desirable for or in connection with the IR No.09 Community Core Phase II Road Construction and Landscaping Project. 5. Any of the Project Funds not expended on the IR No.09 Community Core Phase II Road Construction and Landscaping Project or incidental costs related thereto, will be reimbursed to and deposited in the Contingency' Fund upon completion of the IR No.09 Community Core Phase II Road Construction and Landscaping Project.
EFFECTIVE 6. This By-law comes into full force and effect upon approval by the Minister of Indigenous Affairs and Northern Development Canada. BE IT HEREBY RESOLVED AND AGREED: That this By-law, entitled the "IR No.09 Community Core Phase II Road Construction and Landscaping Project By-law No.16-TX-07" has been read for the first, second (if required), third and final time by the Council of the Westbank First Nation at duly convened council meetings. Read a first time by the Council of Westbank First Nation at a duly convened meeting held on the 4 hฬ€ day of July, 2016. Exempt from a second reading pursuant to section 60.9 of the Westbank First Nation Constitution. Read a third time, and enacted as a Westbank Law, by Council of the Westbank First Nation at a duly convened meeting held on the 2n d day of August, 2016. Councillor Mickey stuik Council or is op er Derickson Coundifor Brian Eli
SCHEDULE "A" 16-TX-07 Community Core Phase 2 (2016 works) Youth Centre Site Civil Works Unit quantity unit price amount Road Granular Base 100mm sqm 1600 8 12800 Road Asphalt, 75mm sqm 1600 30 48000 Barrier Curb Im 300 80 24000 street Lighting LS 3 7500 22500 multi use path curb LM 190 85 16150 multiuse path subbase 150mm sqm 304 14 4256 Multiuse Granular Base 100mm sqm 304 8 2432 multi use path paving sqm 266 19 5054 Line painting & Signage LS 1 LS 5000 multiuse path bollard lights each 12 3000 36000 civil total 176192 Landscaping hardscapes Site Grading sqm 1272 12 15264 Concrete Paving sqm 322 100 32200 stair handrails Im 15 150 2250 cocrete stairs Is 1 10000 10000 concrete walls Im 45 600 27000 chain link fence Im 70 150 10500 amphitheather lighting (in conrete) LS 1 15000 15000 tree grates each 10 2500 25000 fire pit each 1 5000 5000 benches each 2 3000 6000 hardscapes total 112214 WFN softscapes 0 gravel surfacing sqm 33 50 1650 cobble multch (100mm depth) sqm 64 50 3200 Landscape edging (aluminum) Im 138 25 3450 Topsoil planting areas (450mm) cu.m 119 75 8925 topsoil turf areas (100mm) cu.m 153 75 11475 sodding sq.m 1022 8 8176 deciduous tree (6cm cal) each 29 500 14500 coniferious trees (25m HT each 17 500 8500 Shrubs (#01 cont) each 475 16 7600 wood bark multch (50mm) cu.m 13 100 1300 root barrier Im 15 60 900 irrigation tie in each 1 1500 1500 irrigation control each 1 3000 3000 Irrigation planting drip sq.m 265 20 5300 irrigation turf area sq.m 1022 15 15330 irrigation trees each 46 150 6900 WFN softscapes 101706 Subtotal 390112 Engineering/Contingency (14%) 59888 Total 450000
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