1tti: •:r-:�r.t:i�i ,t,:.�,. ; _.;�r.. Mi.nister ·ot. RelaUons Couronne'r� �fo�:: ,�i; l Crown=-lndigenous R_elations Ottawr:i. Canada KJA O_H4.
I, Minister ofCrown:..lndigenous Relations, HEREBY APPROVE;, pursuant to section 83 of the Jndian Act, the following by-law made by the Westbank First Natio11 :in· the �rovince of {3ritish Columbia· , at a meeting held a� the. f 14th day ofJLine 2021. Westbank Flrsi ·Nat/Qn Communify Core Phase.I parking, Street Ughting Crosswalk Improvements .Capital Expenditure By-Jaw No. 21;. TX-04:
Oatec:J at .Ottawa, on·tario, this 3o -rn day of ..l.•-"''= ·202.1. Hon. Carolyn Bennett, M.D., P.C., M.P. Canada
WESTBANK FIRST NATION IR N0.09 COMMUNITY CORE OUTDOOR UPGRADES PHASE I PROJECT CAPITAL EXPENDITURE BY-LAW NO. 21-TX-04
TO AUTHORIZE THE EXPENDITURE OF A MAXIMUM OF ONE MILLION EIGHT HUNDRED AND FIFTY THOUSAND DOLLARS ($1,850,000.00) FROM MONEY RAISED PURSUANT TO SECTION 83(1) OF THE INDIAN ACT, FOR THE PURPOSE OF PARKING, STREET LIGHTING, CROSSWALK IMPROVEMENT, WITHIN THE TSINSTIKEPTUM INDIAN RESERVE N0.09 COMMUNITY CORE.
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 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 capita! 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. Westbank First Nation deems it desirable and In the best interest of the community to proceed with parking, street lighting and crosswalk Improvements, on Tsinstikeptum Indian Reserve No.09 (the "Community Core Improvements"). The Parking, Street Lighting and Crosswalk improvements will be completed in accordance with a pfoposed estimated cost of One Million Eight Hundred and Fifty Thousand Dollars ($1,850,000.00) (see Schedule "A");
5. Funding for the Installation will be drawn from the Cumulative Fund, raised pursuant to Section 83(1) of the Ind;an Act.
1995 amended by By-law 1 1
NOW THEREFORE, 'the Councll of Westbank First Nation hereby enacts the following by-law; SHORT TITLE 1. This By-law may be cited for all purposes as the "Community Core Phase I Parking, Street Lighting Crosswalk Improvements Capital Expenditure By-law No. 21-TX-04".
EXPENDITURE AUTHORIZATION 2. Westbank First Nation hereby acknowledges that it is in the best interests of the community to proceed with the parking, street lighting and crosswalk improvements in accordance with the schematics and plan attached (Schedule A).
3. Westbank First Nation hereby approves the expenditure of not more than One Million Eight Hundred And Fifty Thousand Dollars ($1,850,000.00) on the Parking, Street lighting and crosswalk improvements 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, ove-rhead, or implicit interest.
5. Any of the project funds not expended on the Community Core Phase I Parking, Street Lighting and Crosswalk Project" or incidental costs related thereto will be reimbursed to the Cumulative Fund.
EFFECTIVE This By-law comes !nto 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 Community Core Phase I Capital Expenditure By-law No. 21-TX-04", being read for the first, second and third and final time by the Council of Westbank First Nation he'ld at duly convened meetings.
1 st Reading Kelowna, British Columbia, this 3p t day of May 2021. 2 nd Reading Exempt from second reading as per section 60,9 of Westbank First Nation Constitution pertaining to enactment of a Local Revenue Law.
3 rd Reading Kelowna, British Columbla, this 14th day of June, 2021. Chief Christopher Derickson Counclllor Andrea Alexander . Councillor Fern�exander Council Counci�gaboam
SCHEDULE "A" Community Core Phase I Project Capital Expenditure By-law No. 21-TX-04
COST SUMMARY ITEM AMOUNT YEAR OF EXPENDITURE General Construction $ 1,300,000.00 2021/2022 Costs Inspection 40 000.00 Design 30,000.00 Contingency $ 480,000.00 2021/2022 Total Cost $3,700,000.00 WFN, ISC, CB LGS IR #09 Park DCC (50%) of total cost •1 850 000.00 WFN, LGS --------- --------------------------------------