British Columbia Order in Council — Municipal supplementary letters patent for The Corporation of the District of Summerland and Regional District of Okanagan-Similkameen (O.C. 1710/2000)

O.C. 1710/2000

British Columbia — Orders in Council

PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council Mr 1710 , Approved and Ordered DEC - 7 2000 tiestleicabertraciar Administrator Executive Council Chambers, Victoria Administrate, On the recommendation of the undersigned, the beutenenttiovethor, by and with the advice and consent of the Executive Council, orders that 1. Supplementary Letters Patent, in the form attached, be issued for The Corporation of the District of Summerland. 2. Supplementary Letters Patent, in the form attached, be issued for the Regional District of Okanagan-Similkameen. Ministe Presiding 'ember of the Executive Cou,.cil (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section.! oc,11 Gnmmment Act snntinns 20 and 7R2 Other (specify). 1-719/Do/13

CANADA PROVINCE OF BRITISH COLUMBIA tztetriag*Pator Admintslralor ister of cipal Affairs ELIZABETH the SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. To all to whom these presents shall come - GREETING. (

WHEREAS pursuant to the ( provisions of

section 776 of the (Local Government Act, the Regional ( District of Okanagan-Similkameen was ( incorporated by Letters Patent ( issued on March 4, 1966:

AND

WHEREAS a petition has been received by the Minister of Municipal Affairs from the Council of The Corporation of the District of Summerland praying that the area of the municipality be extended to include all and singular those certain parcels or tracts of land situate, lying and being as follows: Commencing at the southeast comer of Lot 3765, Osoyoos Division of Yale Land District; thence westerly and northerly along the southerly and westerly boundaries of said Lot 3765 to the northwest corner thereof; thence westerly, northerly, easterly and southerly along the southerly, westerly, northerly and easterly boundaries of Lot 3764 to the southeast corner thereof; thence easterly and southerly along the northerly and easterly boundaries of Lot 3765 to the aforesaid southeast corner thereof, being the point of commencement and containing by admeasurement 97.13 hectares of land. more or less.

AND

WHEREAS the conditions and requirements of the said

section 20, of the Local government Act have been duly complied with: NOW KNOW YE THAT by these presents, We do order and proclaim that the area of The Corporation of the District of Summerland be extended by the inclusion therein of the land hereinbefore described, and that on, from and after the date of these Supplementary Letters Patent, the boundary of The Corporation of the District of Summerland be defined as follows: Commencing at the southeast corner of Lot 4884, Osoyoos Division of Yale Land District, being a point on the natural high water mark of Okanagan Lake, on the westerly shore thereof; thence northwesterly along the southwesterly boundary of said Lot 4884, to the southwest corner thereof, being 2

REGIONAL DISTRICT ASSETS AND LIABILITIES 2.0 Subject to these Supplementary Letters Patent, all property, both real and personal, and all rights, powers and privileges arising out of any contract, agreement, collective agreement, covenant, permit or otherwise whatsoever, and all taxes, debts, actions, causes of action, and all claims and demands whatsoever, either at law or in equity, appertaining to the regional district in respect to the area newly enclosed within the municipality by Supplementary Letters Patent issued concurrently with these Supplementary Letters Patent, vest in and belong to the municipality on and from the effective date of these Supplementary Letters Patent.

EFFECTIVE DATE 3.0 These Supplementary Letters Patent are effective upon the date approved and ordered by the Lieutenant Governor in Council. 3

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Our said Province to be hereunto affixed. Qacm WITNESS, the Honourable atf#48-}37-Gftftlettl, Q.C., 11141;Msnacm=0444Mor of Our said A disInbtratot Province of British Columbia, in Our City of Victoria, in Our said Province, this 1" day of becetAav , in the year of Our Lord two thousand and in the forty-ninth year of Our Reign. By Command. 4 6444- Attorney General 8

t (At Licut=rattiumuctr A d mints:rata CANADA PROVINCE OF BRITISH COLUMBIA ELIZABETH the SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. To all to whom these presents shall come - GREETING. Municipal Affairs (

WHEREAS by

section 20 of the ( Local Government Act it is provided the ( Lieutenant Governor in Council may, by ( Supplementary Letters Patent, extend the ( area of a municipality under the ( conditions therein set out:

Transportation and Highways, (including access and utility permits) are the responsibility of the municipality. 4.2 Where, in conjunction with the approval of a plan of subdivision by an approving officer, pursuant to the Land Title Act, works were established or land was set aside for the purpose of drainage, the responsibility for maintenance of those works or ownership of those lands is transferred to the municipality. EFFECTIVE DATE 5.0 These Supplementary Letters Patent are effective on the date approved and ordered by the Lieutenant Governor in Council. 7

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Our said Province to be hereunto affixed. MeEPC.mgi ,-) WITNESS, the Honourable Gftfd43-13,-Garklom, Q.C., Lziettitteattizeretembr of Our said d min torn for Province of British Columbia, in Our City of Victoria, in Our said Province, this 7 -1 day of Oecer•.b , in the year of Our Lord two thousand and in the forty-ninth year of Our Reign. By Command. Attorney General 4

a point on the northeasterly limit of Canadian Pacific Railway Company's right of way as shown on Registered Plan CG-20, on file in the Land Title Office, Kamloops; thence northwesterly along the said northeasterly limit of Canadian Pacific Railway right of way, to the point of intersection with the left bank of Trout Creek; thence in a general westerly and northerly direction along said left bank of Trout Creek to the southeast cornerof Lot 2886; thence westerly, northerly, westerly and northerly along the southerly, westerly, southerly and westerly boundaries of Lot 2886 to the point of intersection with the northerly limit of Canadian Pacific Railway Company's right of way as shown on Registered Plan A67; thence in a general easterly direction along said northerly limit to the southeast corner of Block A of Lot 2886; thence northerly along the easterly boundary of said Block A to the northeast corner thereof; thence westerly and northerly along the southerly and westerly boundaries of Lot A of 3756, Registered Plan 22447, to the northwest corner thereof; thence westerly, northerly and easterly along the southerly, westerly and northerly boundaries of Lot 2542 to the southwest corner of Lot 3321; thence northerly and easterly along the westerly and northerly boundaries of said Lot 3321 to thy; northeast corner thereof; thence northerly along i he westerly boundaries of Lots 2560 and 479 to the northwest cornerof said Lot 479; thence westerly and northerly along the southerly and westerly boundaries of Lot 1177 to the southeast corner of Lot 3765; thence westerly and northerly along the southerly and westerly boundaries of said Lot 3765 to the northwest corner thereof; thence westerly, northerly and easterly along the southerly, westerly and northerly boundaries of Lot 3764 to the southwest comer of Lot 3324; thence northerly along the westerly boundary of said Lot 3324 to the northwest corner thereof; thence westerly and northerly along the southerly and westerly boundaries of Lot 3195 to the southeast cornerof Lot 3952; thence westerly along the southerly boundaries of Lots 3952 and 3956 to the southwest corner of said Lot 3956; thence northwesterly in a straight line to the southeast corner of Lot 2894; thence northerly and westerly along the easterly and 3

northerly boundaries of said Lot 2894 to the most westerly southwest corner of Lot 2895; thence northerly along the westerly boundaries of Lots 2895 and 2896 to the southeast corner of Lot 3619; thence westerly, northerly and easterly along the southerly, westerly and northerly boundaries of said Lot 3619 to the northeast corner thereof; thence northerly and easterly along the westerly and northerly boundaries of Lot 3312 to the northeast corner thereof; thence southerly along the easterly boundaries of Lots 3312, 2896 and 2895 to the southeast corner of said Lot 2895; thence easterly and southerly along the northerly and easterly boundaries of Lots 2552 and 3958 respectively to the northwest corner of Lot 4468; thence easterly along the northerly boundaries of said Lot 4468 to the northeast corner thereof; thence southeasterly in a straight line to the northwest corner of Lot 4058; thence easterly along the northerly boundary of said Lot 4058 to the northeast corner thereof; thence southerly along the easterly boundaries of Lots 4058, 4057 and 3955 to the northwest corner of Lot 4230; thence easterly, southerly, easterly and southerly along the northerly, easterly, northerly and easterly boundaries of said Lot 4230 to a point which lies due east of the southeast comer of Lot 3951; thence east to the point of intersection with the aforesaid natural high water mark of Okanagan Lake, on the westerly shore thereof; thence northeasterly in a straight line and in a direction perpendicular to the general direction of said high water mark for a distance of 182.88 metres; thence in a general southerly direction 182.88 metres perpendicularly distant from and parallel to said high water mark of Okanagan Lake on the westerly shore thereof, to the point of intersection with the southeasterly prolongation of the southwesterly boundary of Lot 4884; thence northwesterly along said prolongation to the aforesaid southeast corner of Lot 4884, being the point of commencement, and containing by admeasurement 6,810.35 hectares of land, more or less and 257.61 hectares of foreshore and land covered by water, more or les s. 4

AND THAT the Letters Patent of The Corporation of the District of Summerland, hereinafter referred to as "the municipality" be deemed to be amended so as to conform to the premises as and from the date of these Supplementary Letters Patent subject to the provisions hereinafter contained or referred to: REGIONAL DISTRICT BYLAWS 1 .0 Subject to these Supplementary Letters Patent and pursuant to

section 24(2) of the Local Government Act, each bylaw, regulation, contract, restriction, right, resolution, order, licence and permit of whatsoever kind and description passed, made, enacted, entered into and granted, and in effect, or in force in, or issued to, or by the Regional District of Okanagan-Simi lkameen, hereinafter referred to as "the regional district", having application in the area newly included within the municipality by these Supplementary Letters Patent, insofar as they are within the powers of the municipality, shall remain in full force and effect in and for the municipality and each may be amended or repealed by the council of the municipality in the same manner as if they were passed, made, enacted, entered into, or granted by the municipality.

REGIONAL DISTRICT ASSETS AND LIABILITIES 2.0 Subject to these Supplementary Letters Patent, all property, both real and personal, and all rights, powers and ph vi leges arising out of any contract, agreement, collective agreement, covenant, or otherwise whatsoever, and all taxes, debts, actions, causes of action, and all claims and demands 5

whatsoever, either at law or in equity, appertaining to the regional district, in respect to the area newly enclosed within the municipality by these Supplementary Letters Patent, vest in and belong to the municipality on and from the effective date of these Supplementary Letters Patent.

TRANSFER OF REGIONAL DISTRICT SERVICES 3.0 The jurisdiction for all services of the regional district which have application to the area newly enclosed within the municipality by these Supplementary Letters Patent and which are within the jurisdiction of the municipality, are hereby transferred to the municipality as set out in Supplementary Letters Patent of the regional district issued concurrently with these Supplementary Letters Patent. ROADS, DRAINAGE AND APPROVING OFFICER 4.0 For the purposes of Division 5 - Highways, of

Part 15 - Municipal Services, of the Local Government Act, and pursuant to

Part 3 of the Highways Act, all public roads within the area newly enclosed within the municipality, except for those classified as arterial highways are the responsibility of the municipality. 4.1 Notwithstanding the generality of

section 4.0 above, the responsibility for roads and bridges shall include all maintenance (including electrical and railway crossings), capital improvements, road drainage, signs, traffic regulation and all permits previously administered by the Ministry of 6

AND

WHEREAS the boundary of The Corporation of the District of Summerland, hereinafter known as "the municipality", is extended by Supplementary Letters Patent for The Corporation of the District of Summerland, approved and ordered by the Lieutenant Governor in Council and issued concurrently with these Supplementary Letters Patent: AND

WHEREAS

section 782 of the Local Government Act enables the Lieutenant Governor in Council to issue Supplementary Letters Patent, transferring from the regional district to the municipality, the jurisdiction for services in respect of all or a specified part of the service area: NOW KNOW YE THAT by these presents, We do order and proclaim that in respect to the area newly enclosed within the municipality by Supplementary Letters Patent for The Corporation of the District of Summerland issued concurrently with these Supplementary Letters Patent the following shall apply: TRANSFER OF REGIONAL DISTRICT SERVICES 1.0 The jurisdiction for all services of the Regional District of Okanagan-Siniilkameen, hereinafter referred to as "the regional district", which have application to the area newly enclosed within the municipality by Supplementary Letters Patent issued concurrently with these Supplementary Letters Patent, is hereby transferred to the municipality in accordance with

section 782 of the Local Government Act. 2

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 1710/2000
Type	order_in_council
Volume / chapter	arc oic 1710 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	208af755485dae9126ebbada6305dd09e638a376

Source file is stored in the law ingest library (pdf).