Ministre des Affaires Minister of Indigenous and autochtones et du Nord Northern Affairs Ottawa, Canada K1A OH4 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 24th day of May 2016. Westbank First Nation Capital Expenditure By-law No. 16-TX-06 Dated at Ottawa, Ontario, this 3/ day of 2016. 4T-J'r Hon. Carolyn Bennett, M.D., P.C., M.P. Canada
WESTBANK FIRST NATION IR NO.09 OLD OKANAGAN HWY PHASE XVI SIDEWALK STREET LIGHTING STORM WATER SYSTEM CAPITAL EXPENDITURE BY- LAW NO. 16-TX-06 To authorize the expenditure of a maximum of Six Hundred Fifty Thousand Dollars ($650,000) from money raised pursuant to section 83(1) of the Indian Act, for the purpose of completing the construction of Old Okanagan Hwy Phase XVI Sidewalk, Street Lighting and Storm Water System 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-law, 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 Old Okanagan Hwy Phase XVI Sidewalk, Street Lighting and Storm Water System Project on Tsinstikeptum Indian Reserve No.09. E. The Westbank First Nation has concluded the total cost of construction of the Old Okanagan Hwy Phase XVI Sidewalk, Street Lighting and Storm Water System on Tsinstikeptum Indian Reserve No.09 to be not more than Six Hundred Fifty Thousand Dollars $650,000 as outlined in Schedule "A" to this By-Iaw.
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 Old Okanagan Hwy Phase XVI Sidewalk, Street Lighting and Storm Water System Project Capital Expenditure By-law No. 16-TX-06. 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 Old Okanagan Phase XVI Sidewalk, Street Lighting and Storm Water System Project as summarized in Schedule "A" to this By-law. 3. The Westbank First Nation hereby approves the expenditure of not more than Six Hundred Fifty Thousand Dollars ($650,000) from the Contingency Fund for the purposes of the Old Okanagan Hwy Phase XVI Sidewalk, Street Lighting and Storm Water System 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 Old Okanagan Hwy Phase XVI Sidewalk, Street Lighting and Storm Water System Project. 5. Any of the Project Funds not expended on the IR No.09 Old Okanagan Hwy Phase XVI Sidewalk, Street Lighting and Storm Water System Project or incidental costs related thereto, will be reimbursed to and deposited in the Contingency Fund upon completion of the IR No.09 Old Okanagan Hwy Phase XVI Sidewalk, Street Lighting and Storm Water System 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 Old Okanagan Hwy Phase XVI Sidewalk, Street Lighting and Storm Water System Project By-law No.16-TX-06" 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 9th day of May, 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 24h day of May, 2016. Councillor Michael De Guevara Councillor
SCHEDULE "A" BUDGET FOR PROPOSED IR NO.09 Old Okanagan Hwy Phase XVI Sidewalk, Street lighting and Storm Water System Project 16-TX-06 General Construction Costs Roads Storm Water Landscaping Concrete Electrical Contingency Total Cost (50%) of total cost COST FUNDING SOURCE $ 85,500.00 $ 428,000.00 WFN, Local $ 300,000.00 Government Services $ 20,000.00 $ 105,000.00 $ 180,000.00 $ 170,000.00 $1,300,000.00 WFN, LGS JR 9 RD DCC $ 650,000.00 WFN, LGS
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