British Columbia Order in Council — Municipal supplementary letters patent for The City of Kelowna and Regional District of Central Okanagan (O.C. 1711/2000)

O.C. 1711/2000

British Columbia — Orders in Council

Presiding-tuber of the Executive Council PROVINCE OF BRITISII COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in CouncifiNo ■ 1711 , Approved and Ordered DEC 7 2000 Iztatarlar#221:4431WIP A d min Istra tow Executive Council Chambers, Victoria ridavInlitratint On the recommendation of the undersigned, the Lteurenant-Govellritr, 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 City of Kelowna. 2. Supplementary Letters Patent, in the form attached, be issued for the Regional District of Central Okanagan. Minister of Mun Affairs s

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and

section .I oral nnvernmAnt Act sprtinnq 20 and 782 Other (specify): /1-78looh3

CANADA PROVINCE OF BRITISH COLUMBIA ArrEilt Itt r of Mun 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 Central Okanagan was ( incorporated by Letters Patent ( issued on August 24, 1967:

AND

WHEREAS the boundary of the City of Kelowna, hereinafter known as "the municipality", is extended by Supplementary Letters Patent for the City of Kelowna, 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 City of Kelowna 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 Central Okanagan, 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

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. War\ WEI\OAC R(3 WITNESS, the Honourable Gar414-11,—Grafdem, Q.C., Limit—Ge3.41414ir of Our said A OtIntstratos Province of British Columbia, in OurCity of Victoria, in Our said Province, this 1 *41‘ day of Deckot6ER , in the year of Our Lord two thousand and in the forty-ninth year of Our Reign. By Command. Attorney General I 1

Utttittetteizfieterom A cholnistrator 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 Goveniment 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:

AND

WHEREAS a petition has been received by the Minister of Municipal Affairs from the Council of the City of K.elowna 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 corner of

Section 1, Township 23, Osoyoos Division of Yale Land District; thence northerly along the easterly boundary of said

Section 1, Township 23 to the point of intersection with the easterly prolongation of the southerly boundary of Lot 1 of

Section 1, Township 23, Registered Plan 3896, on file in the Land Title Office, Kamloops; thence southerly along the easterly limit of Latta Road right of way, to the point of intersection with the northerly boundary of

Section 31, Township 27; thence westerly along the said northerly boundary of

Section 31, Township 27 to the aforesaid southeast corner of

Section 1, Township 23, being the point of commencement and containing by admeasurement 1.30 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 City of Kelowna be extended by the inclusion therein of the land hereinbefore described, and that un, from and after the date of these Supplementary Letters Patent, the boundary of the City of Kelowna be defined as follows: Commencing at the northwest comer of Fractional

Section 33, Township 23, Osoyoos Division

of Yale Land District, being a point on the natural high water mark of Okanagan Lake, on the easterly shore thereof; thence easterly along the northerly boundaries of Sections 33 and 34, Township 23, to the northeast corner of the Northwest Quarter of said

Section 34; thence northeasterly in a straight line to the northwest corner of Lot 14 of

Section 3, Township 20, and

Section 34, Township 23, Registered Plan 500 on file in the Land Title Office, Kamloops; thence easterly along the northerly boundary of said Lot 14, Plan 500 and continuing easterly along the easterly prolongation thereof to the point of intersection with the westerly boundary of Indian Reserve Number 7 (Duck Lake); thence northerly and easterly along the westerly and northerly boundaries of said Indian Reserve Number 7 (Duck Lake) to the point of intersection with the southerly prolongation of the westerly boundary of Lot 46 of Lot 118, Registered Plan 457; thence northerly along the said southerly prolongation of Lot 46, Plan 457 and continuing northerly along the westerly boundaries of Lots 46 and 45 of Lot 118, Plan 457, to the northwest corner of said Lot 45, Plan 457; thence easterly along the northerly boundary of Lot 45 of Lot 118, Plan 457, to the point of intersectiori with the northwesterly limit of the Canadian National Railway Company's right-of-way as shown on Registered Plan A339; thence northeasterly along said northwesterly limit of Canadian National Railway right-of- way, Plan A339 to the southeast corner of Lot 2 of Lot 118, Registered Plan 4169; thence easterly along the easterly prolongation of the southerly boundary of said Lot 2, Plan 4169 to the point of intersection with the northwesterly boundary of Lot A of Lot 118, Registered Plan KAP 47342; thence northeasterly along the northwesterly boundary of said Lot A, Plan KAP 47342 to the most northerly corner thereof; thence due east to the point of intersection with the westerly boundary of Lot 50 of Lot 118, Plan 457; thence southerly along the westerly boundary of said Lot 50, Plan 457 to the southwest corner thereof; thence southerly and easterly along the westerly and southerly boundaries of Lot 1 of Lot 118, Registered Plan 2916 to the southeast corner thereof; thence northerly, easterly, and 3

southerly along the westerly, northerly, and easterly boundaries of Lot A of

Section 11, Township 20, Registered Plan 19644, to the southeast corner thereof; thence south to the point of intersection with the northerly boundary of Fractional

Section 2, Township 20; thence easterly along the northerly boundary of said Fractional

Section 2 to the northeast corner thereof; thence southerly along the easterly boundaries of Fractional

Section 2, Township 20, and Fractional Sections 35 and 26, Township 23, to the most northerly northeast comer of Lot 119; thence southerly, easterly and southerly along the easterly, northerly and easterly boundaries of said Lot 119 to the most northerly corner of that part of Lot 119 as shown on Registered Plan 83553 and being a point on the southeasterly limit of Spencer Road; thence southwesterly along the said southeasterly limit of Spencer Road to the most westerly corner of aforesaid Plan B3553, and being a point on the southerly boundary of Lot 119; thence westerly along the southerly boundary of said Lot 119, to the point which lies due north of the most northerly northeast corner of Lot 2 of Lots 120 and 146, Registered Plan 11796; thence south to said northeast corner of Lot 2, Plan 11796; thence southerly and easterly along the easterly and northerly boundaries of said Lot 2, Plan 11796, to the northwest corner of Lot 1 of Lot 146, Plan 11796; thence easterly and southerly along the northerly and easterly boundaries of said Lot 1, Plan 11796, to the southeast corner thereof; thence westerly along the southerly boundaries of Lots 1 and 2 of Lots 120 and 146, Plan 11796, to the northeast corner of Lot A of Lot 122, Registered Plan 17004; thence southerly and westerly along the easterly and southerly boundaries of said Lot A, Plan 17004, to the most southerly southwest corner thereof; thence west to the point of intersection with the easterly boundary of Lot 2 of Lot 122, Registered Plan 1608; thence southerly along the easterly boundaries of Lots 2, 3, and 4 of Lot 122, Plan 1608, to the southeast corner of said Lot 4, Plan 1608; thence southeasterly in a straight line to the northeast corner of Lot 1 of

Section 11, Township 23, Registered Plan 7394; thence southerly along the easterly boundaries of Lots I, 2, and 3 of 4

Section 11, Township 23, Plan 7394, to the southeast corner of said Lot 3, Plan 7394; thence easterly along the northerly boundary of that part of

Section 11, Township 23, shown outlined in red on Registered Plan B3513 to the northeast corner thereof; thence southerly along the easterly boundary of said part of

Section 11 shown outlined in red on Plan B3513 to the southeast corner thereof; thence southerly, westerly, and southerly along the easterly, southerly, and easterly boundaries of Lot 2 of Sections 2 and 11, Township 23, Registered Plan 2162, to the most southerly southeast corner thereof; thence due south to the point of intersection with the northerly boundary of Lot A of Lot 123, Registered Plan B6145; thence easterly and southerly along the northerly and easterly boundaries of said Lot A, Plan B6145, to the southeast corner thereof; thence southerly along the easterly boundaries of Lots 4, 3, 2, and 1 of Lot 123, Registered Plan 4183, to the southeast corner of said Lot 1, Plan 4183; thence southerly along the westerly boundary of Lot 2 of Lot. 123, Registered Plan 3874, to the point of intersection with the northerly boundary of Lot 11, Sections 1 and 2, Township 23, Registered Plan 546; thence easterly along the northerly boundaries of Lots 1 I , 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1 of Sections 1 and 2, Township 23, Plan 546, to the northeast corner of said Lot 1, Plan 546; thence due east to the point of intersection with the easterly limit of the Old Vernon Road right of way; thence southerly along the said easterly limit of Old Vernon Road right of way, to the northwest corner of Lot A of

Section 1, Township 23, Registered Plan 15859; thence easterly along the northerly boundaries of said Lot A, Plan 15859, and Lot 9 of

Section 1, Township 23, Registered Plan 1611, to the most easterly corner thereof; thence easterly along the southerly boundary of Lot 1 of

Section 1, Township 23, Registered Plan 3896, and the easterly prolongation thereof, to the point of intersection with the easterly boundary of

Section 1, Township 23; thence southerly along the easterly limit of Latta Road right of way, to the point of intersection with the northerly boundary of

Section 31, Township 27; thence easterly along the northerly boundary of said

Section 31, Township 27, 5

to the northeast corner thereof; thence southerly along the easterly boundaries of Sections 31, 30 and 19 of Township 27 to the southeast corner of said

Section 19; thence easterly along the northerly boundary of Lot 4 to a point which lies due north of the northwest corner of the East Half of

Section 8, Township 27; thence due south to the said northwest corner of the East Half of

Section 8, Township 27; thence southerly along the westerly boundary of said East Half of

Section 8 to the northeast corner of the Southwest Quarter of said

Section 8; thence westerly along the northerly boundaries of the Southwest Quarter of

Section 8, Township 27 and the Southeast Quarter of

Section 7, Township 27, to the northwest corner of said Southeast Quarter of

Section 7; thence southerly along the easterly boundaries of the Southwest Quarter of

Section 7, Township 27 and the West Half of

Section 6, Township 27, to the southeast corner of the said West Half of

Section 6; thence westerly along the southerly boundary of the West Half of

Section 6, Township 27, to the northeast corner of

Section 36, Township 29; thence southerly along the easterly boundary of

Section 36, Township 29, to the southeast corner of the North Half of said

Section 36; thence westerly along the southerly boundaries of the North Halves of Sections 36 and 35, Township 29, to the point of intersection with the most easterly corner of Lot 1 of

Section 35, Township 29, Registered Plan KAP45384 and being a point on the northerly limit of June Springs Road; thence due south to the point of intersection with the southerly limit of June Springs Road as shown on Plan KAP45384; thence in a general westerly direction along the southerly limit of said June Springs Road, as shown on Plan KAP45384, to the point of intersection with the southerly boundary of the North Half of

Section 35, Township 29; thence westerly along the southerly boundaries of the North Half of

Section 35 and the Northeast Quarter of

Section 34, Township 29, to the southwest corner of said Northeast Quarter of

Section 34; thence southerly and westerly along the easterly and southerly boundaries of the Southwest Quarter of

Section 34, Township 29, to he southwest corner thereof; thence southerly and westerly along 6

the easterly and southerly boundaries of the North Half of

Section 28, Township 29, to the southwest corner thereof; thence southerly along the easterly boundaries of Fractional Sections 29 and 20, Township 29, to the southeast corner of said Fractional

Section 20; thence westerly along the southerly boundary of said Fractional

Section 20 to the point of intersection with the easterly boundary of Lot 2723(S); thence southerly and westerly along the easterly and southerly boundaries of said Lot 2723(

S) to the southwest corner thereof; thence westerly along the southerly boundaries of the Southwest Quarter of

Section 19, Township 29, and the South Half of

Section 24, Township 28, to the southwest corner of the said South Half of

Section 24; thence southerly along the easterly boundary of

Section 14, Township 28, to the southeast corner of the Northeast Quarter of said

Section 14; thence westerly along the southerly boundaries of the North Half of

Section 14 and the Northeast Quarter of

Section 15, Township 28, to the southwest corner of the said Northeast Quarter of

Section 15; thence southerly along the easterly boundary of the Southwest Quarter of

Section 15, Township 28, to the southeast corner thereof; thence westerly along the southerly boundaries of the Southwest Quarter of

Section 15, the South Half of Fractional

Section 16, and the Southeast Quarter of Fractional

Section 17, all of Township 28, to the southwest corner of said Southeast Quarter of Fractional

Section 17, Township 28; thence northerly along the westerly boundary of the East Half of Fractional

Section 17, Township 28, to the northwest corner thereof, being a point on the natural high water mark of Okanagan Lake, on the southerly shore thereof; thence due north to the centerline of Okanagan Lake; thence in a general northeasterly and northerly direction along the said centerline of Okanagan Lake to the point of intersection with the westerly prolongation of the northerly boundary of Frac clonal

Section 33, Township 23; thence easterly along said westerly prolongation to the aforesaid northwest corner of Fractional

Section 33, Township 23, being the point of commencement, and containing by admeasurement 21,389.00 hectares of land, more or less, and 4,852.39 hectares of 7

foreshore and land covered by water, more or less: AND THAT the Letters Patent of the City of Kelowna, 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 Central Okanagan, 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 privileges arising out of any contract, agreement, collective agreement, covenant, or 8

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 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 Di vision 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 9

drainage, signs, traffic regulation and all permits previously administered by the Ministry of 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 arc effective on the date approved and ordered by the Lieutenant Governor in Council. 10

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. MCI(\ f\CEPekleN WITNESS, the Honourable . , Q.C., Ltarti=veaczniAr of Our said Administrator Province of British Columbia, in Our City of Victoria, in Our said Province, this rr k day of 'be C-Cr,/0e( , in the year of Our Lord two thousand and in the forty-ninth year of Our Reign. By Command. Attorney General 4

Document details

Collection	British Columbia — Orders in Council
Citation	O.C. 1711/2000
Type	order_in_council
Volume / chapter	arc oic 1711 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	844b8e525fb45797fb63974373a98a0088e6def2

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