British Columbia Order in Council — Municipal supplementary letters patent for the City of Port Alberni and Regional District of Alberni-Clayoquot (O.C. 1636/2000)

O.C. 1636/2000

British Columbia — Orders in Council

111111111•1■ Minister of Mun I Affair PROVINCE OF BRITISH COLUMBIA ORDER OF THE LIEUTENANT GOVERNOR IN COUNCIL Order in Council No.-- 1636 , Approved and Ordered NOV Lieutenant Governor Executive Council Chambers, Victoria On the recommendation of the undersigned, the Lieutenant Governor, 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 Port Alberni. 2. Supplementary Letters Patent, in the form attached, be issued for the Regional District of Alberni-Clayoquot. 3.

Letters Patent, dated September 6, 1973, incorporating Sahara Heights Waterworks District be repealed, and the Sahara Heights Waterworks District be dissolved under the terms and conditions established in Supplementary Letters Patent referred to in

section 1 above. Presiding em .e of the lye Council (This

part is for administrative purposes only and is not part of the Order.) Authority under which Order is made: Act and section: Loral Government Act sections 20 30 and 782 Other (specify): v-so-7 tool/ 3

CANADA PROVINCE OF BRITISH COLUMBIA ..... Lieutenant Governor 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. M of Municipal Affairs (

WHEREAS pursuant to the ( provisions of

section 776 of the (Local Government Act, the Regional District ( of Alberni-Clayoquot was ( incorporated by Letters Patent ( issued on April 21, 1966:

AND

WHEREAS the boundary of the City of Port Alberni, hereinafter known as "the municipality", is extended by Supplementary Letters Patent for the City of Port Alberni, 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 Port Alberni issued concurrently with these Supplementary Letters Patent the following shall apply: TRANSFER OF REGIONAL DISTRICT SERVICES I .0 The jurisdiction for all services of the Regional District of Alberni-Clayoquot, 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. WITNESS, the Honourable Garde B. Gardom, Q.C., Lieutenant Governor of Our said Province of British Columbia, in Our City of Victoria, in Our said Province, this 23 day of P 0.4g." 9-1C, in the year of Our Lord two thousand and in the forty-ninth year of Our Reign. By Command. Attorney General I6

Lieutenant Governor 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. (

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 mister of Municipal Affairs ( set out:

AND

WHEREAS a petition has been received by the Minister of Municipal Affairs from the Council of the City of Port Alberni 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 northwest corner of Lot A of Lot 142, Alberni Land District, Registered Plan 926, on file in the Land Title Office, Victoria; thence easterly along the northerly boundary of said Lot A, Plan 926 and continuing easterly along the easterly prolongation thereof, to the point of intersection with the westerly boundary of Parcel A of Lot 143, Registered Plan DD37230N; thence northerly, easterly, northerly, easterly and southerly along the boundaries of said Parcel A, Plan DD37230N to the southeast corner thereof; thence easterly along the northerly boundary of Lot 138 to the point of intersection with the northwesterly boundary of Lot 1 of Lots 138 and 143, Registered Plan 11835; thence northeasterly along the northwesterly boundaries of Lots 1, 2 and 3 of Lots 138 and 143, Plan 11835 to the most northerly corner of said Lot 3, Plan 11835; thence northwesterly, northeasterly and southeasterly along the southwesterly, northwesterly and northeasterly boundaries of Lot 1 of Lot 143, Registered Plan 43855 to the most westerly corner of Lot 5 of Lot 143, Plan 11835; thence northeasterly along the northwesterly boundaries of Lots 5 and 6 of Lot 143, Plan 11835 to the most northerly corner of said Lot 6, Plan 11835; thence northwesterly and northeasterly aiong the southwesterly and northwesterly boundaries of Lot 2 of Lot 143, Plan 43855 to the most northerly corner thereof; thence northeasterly and southeasterly along the northwesterly and northeasterly boundaries of Lot 3 of Lot 143, Plan 43855 and continuing southeasterly along the southeasterly prolongation thereof to the point of intersection with the southeasterly limit of Port Alberni Highway right of way, as shown on Registered Plan 826RW; thence southwesterly along the southeasterly limit of said Port Albemi Highway right of way, Plan 826RW to the northwest corner of Lot 2

36 of Block 18 of Lot 48, Registered Plan 1279; thence easterly and southerly along the northerly and easterly boundaries of said Lot 36, Block 18, Plan 1279 to the southeast corner thereof; thence southerly along the easterly boundaries of Lots 35, 34 and 33 of Block 18 of Lot 48, Plan 1279 to the southeast corner of said Lot 33, Block 18, Plan 1279; thence westerly and northerly along the northerly and easterly boundaries of Lot 1 of Lot 48, Registered Plan V1P63466 to the most northerly corner thereof; thence due west to the point of intersection with the northwesterly limit of Port Alberni Highway right of way, Plan 826RW; thence southwesterly along the northwesterly limit of said Port Alberni Highway right of way, Plan 826RW to the point of intersection with the easterly limit of Twenty-First Avenue right of way; thence northerly along the said easterly limit of Twenty-First Avenue right of way to the point of intersection with the easterly prolongation of the middle line of Wallace Street right of way; thence westerly along the said easterly prolongation of the middle line of Wallace Street right of way to the easterly boundary of Lot 45; thence northerly along the easterly boundaries of Lots 45, 92 and 137 to the southwest corner of Block I of Lot 143, Registered Plan 545A; thence southerly in a straight line to the northwest corner of Block 1 of Lot 142, Registered Plan 1310; thence southerly along the westerly boundary of said Block 1, Plan 1310 to the southwest corner thereof; thence southerly in a straight line to the aforesaid northwest corner of Lot A of Lot 142, Plan 926, being the point of commencement and containing by admeasurement 44.00 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 3

of Port Alberni 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 City of Port Alberni be defined as follows: Commencing at the southwest corner of Lot 1, Alberni Land District, being a point on the natural high water mark of Alberni Inlet, on the easterly shore thereof; thence west to a point 268.22 metres perpendicularly distant westerly from said natural high water mark of Alberni Inlet; thence in a general northerly direction 268.22 metres perpendicularly distant westerly from and parallel to said natural high water mark of Alberni Inlet, on the easterly shore thereof, to a point which lies due east of the most southerly point on the southerly boundary of that part of Lot 5 which lies to the north of Johnstone Island; thence west to said most southerly point; thence in a general northwesterly direction along the southerly boundary of that part of Lot 5 which lies to the north of Johnstone Island and continuing northwesterly along the southwesterly boundary of Lot 2 to the southwest corner thereof; thence northeasterly along the northwesterly boundary of said Lot 2 and continuing northeasterly along the northeasterly prolongation thereof to the point of intersection with the middle line of Somass River; thence in a general northwesterly and northerly direction along said middle line to the point of intersection with a line drawn parallel to and 48.77 metres southerly from the northerly boundary of Lot B of Lot 7, Registered Plan 7012 on file in the Land Title Office, Victoria; thence easterly along said line to the point of intersection with the westerly boundary of Lot 9; thence northerly, easterly and southerly along the westerly, northerly and easterly boundaries of said Lot 9 to the point of intersection with the westerly prolongation of the southerly boundary of Lot 33 of Lot 21, Registered Plan 927; thence easterly along the said westerly prolongation and continuing easterly along the southerly boundary of Lot 33 of Lot 21, Plan 927 to the southeast corner 4

thereof; thence easterly in a straight line to the southwest corner of Lot 1 of Lot 21, Registered Plan 13379; thence easterly along the southerly boundaries of Lots 1, 2, 3 and 4 of Lot 21, Plan 13379 to the southeast corner of said Lot 4, Plan 13379; thence northwesterly along the northeasterly boundary of Lot 4 of Lot 21, Plan 13379 to the southwest corner of Lot 1 of Lot 21, Registered Plan 13578; thence easterly along the southerly boundaries of Lots 1, 2 and 5 of Lot 21, Plan 13578 to the most easterly corner of said Lot 5, Plan 13578; thence easterly in a straight line to the southwest corner of Lot 16 of Lot 21, Plan 927; thence easterly along the southerly boundary of said Lot 16, Plan 927 to the southeast coiner thereof; thence southeasterly in a straight line to the most westerly southwest corner of Lot A of Lot 21, Registered Plan 5026; thence southeasterly, easterly and northerly along the southwesterly, southerly and easterly boundaries of said Lot A, Plan 5026 to the dortheast corner thereof; thence easterly and southerly along the northerly and easterly boundaries of Lot B of Lot 21, Plan 5026 to the most southerly corner thereof thence southeasterly in a straight line to the most westerly corner of Lot 1 of Lot 20, Registered Plan 11132; thence southeasterly along the southwesterly boundaries of Lots 1, 2, 3,4 and 5 of Lot 20, Plan 11132 to the most southerly southwest corner of said Lot 5, Plan 11132; thence easterly along the southerly boundaries of Lots 5, 6, 7, 8, 9 and 10 of Lot 20, Plan 11132 to the southeast corner of said Lot 10, Plan 11132; thenc2e northerly along the westerly boundaries of Lots 1, 3, 5 and 7 of Lot 20, Registered Plan 921 to the northwest corner of said Lot 7, Plan 921; thence easterly along the northerly boundaries of Lot 7 of Lot 20, Plan 921 and Lot A of Lot 20, Registered Plan 17338 to the northeast corner of said Lot A, Plan 17338; therce northerly along the easterly boundaries of Lots 9 and 11 of Lot 20, Plan 921 to the point of intersection with the westerly prolongation of the northerly boundary of Lot A of Lot 20, Registered Plan 1568; thence easterly along said westerly prolongation and continuing easterly and southerly along the northerly and easterly boundaries of Lot A of Lot 20, Plan 1568 to the northwest 5

corner of Lot 5 of Lot 20, Registered Plan 894; thence easterly along the northerly boundary of said Lot 5, Plan 894 and continuing easterly along the easterly prolongation thereof to the point of intersection with the westerly boundary of Lot 1 of Lot 100, Registered Plan 36242; thence southerly and easterly along the westerly and southerly boundaries of said Lot 1, Plan 36242 to the southeast corner thereof; thence easterly along the southerly boundaries of Lot 2 of Lot 100, Plan 36242 and Lots A and B of Lot 100, Registered Plan 14899 and continuing easterly along the easterly prolongation of the southerly boundary of said Lot B, Plan 14899 to the point of intersection with the westerly boundary of Lot 6 of Lot 100, Registered Plan 5992; thence southerly along the westerly boundaries of Lots 6, 5, 4 and 1 of Lot 100, Plan 5992 to the southwest corner of said Lot 1, Plan 5992; thence due south to the point of intersection with the northerly boundary of Lot 12; thence easterly along the northerly boundaries of Lots 12 and 13 to a point which lies due south of the southwest corner of Lot 7 of Lot 112, Registered Plan 17300; thence north to said southwest corner of Lot 7, Plan 17300; thence northerly along the westerly boundaries of Lots 7, 6, 5, 4, 3, 2 and I of Lot 112, Plan 17300, to the northwest corner of said Lot 1, Plan 17300; thence easterly along the northerly boundary of Lot I of Lot 112, Plan 17300, to the northeast corner thereof; thence northerly along the westerly boundaries of Blocks 21, 20 and 19 of Lot 112, Registered Plan 896, to the northwest corner of said Block 19, Plan 896; thence easterly along the northerly boundary of Block 19 of Lot 112, Plan 896, to the northeast corner thereof; thence easterly in a straight line to the southwest corner of Block 27 of Lot 112, Plan 896; thence easterly along the northerly limit of Douglas Street as shown on Registered Plan 1012 to the point of intersection with the westerly boundary of Lot 93; thence northerly along the westerly boundary of Lot 93 to the most northerly corner of Lot 1 of Lot 93, Registered Plan 30363; thence in a general southeasterly direction along the northeasterly boundary of said Lot 1, Plan 30363, to the most easterly northeast corner thereof; thence in a general southerly direction along the 6

westerly limit of Cherry Creek Road as shown on Registered Plans 30363, 25372 and 24276 to the point of intersection with the northerly boundary of Lot 14; thence easterly and southerly along the northerly and easterly boundaries of said Lot 14 to the northwest comer of Lot 10 of Lot 143.

Registered Plan 545; thence southerly along the westerly boundaries of Lots 10, 9, 8, 7 and 6 of Lot 143, Plan 545 and Block 3 of Lot 143, Registered Plan 545A to the southwest comerof said Block 3, Plan 545A; thence southerly in a straight line to the northwest corner of Block 2 of Lot 143, Plan 545A; thence southerly along the westerly boundary of said Block 2 of Lot 143, Plan 545A to the southwest corner thereof; thence southerly in a straight line to the north west corner of Block 1 of Lot 143, Plan 545A; thence southerly along the westerly boundary of said Block 1, Plan 545A to the southwest corner thereof; thence southerly in a straight line to the northwest corner of Block 1 of Lot 142, Registered Plan 1310; thence southerly along the westerly boundary of said Block 1, Plan 1310 to the southwest corner thereof; thence southerly in a straight line to the northwest corner of Lot A of Lot 142, Registered Plan 926; thence easterly along the northerly boundary of said Lot A, Plan 926 and continuing easterly along the easterly prolongation thereof, to the point of intersection with the westerly boundary of Parcel A of Lot 143, Registered Plan DD37230N; thence northerly, easterly, northerly, easterly and southerly along the boundaries of said Parcel A, Plan DD37230N to the southeast corner thereof; thence easterly along the northerly boundary of Lot 138 to the point of intersection with the northwesterly boundary of Lot 1 of Lots 138 and 143, Registered Plan 11835; thence northeasterly along the northwesterly boundaries of Lots 1,2 and 3 of Lots 138 and 143, Plan 11835 to the most northerly corner of said Lot 3, Plan 11835; thence northwesterly, northeasterly and southeasterly along the southwesterly, northwesterly and northeasterly boundaries of Lot 1 of Lot 143, Registered Plan 43855 to the most westerly corner of Lot 5 of Lot 143, Plan 11835; thence northeasterly along the northwesterly boundaries of Lots 5 and 6 of Lot 143, Plan 11835 to the most 7

northerly corner of said Lot 6, Plan 11835; thence northwesterly and northeasterly along the southwesterly and northwesterly boundaries of Lot 2 of Lot 143, Plan 43855 to the most northerly corner thereof; thence northeasterly and southeasterly along the northwesterly and northeasterly boundaries of Lot 3 of Lot 143, Plan 43855 and continuing southeasterly along the southeasterly prolongation thereof to the point of intersection with the southeasterly limit of Port Alberni Highway right of way, as shown on Registered Plan 826RW; thence southwesterly along the southeasterly limit of said Port Albemi Highway right of way, Plan 826RW to the northwest corner of Lot 36 of Block 18 of Lot 48, Registered Plan 1279; thence easterly and southerly along the northerly and easterly boundaries of said Lot 36, Block 18, Plan 1279 to the southeast corner thereof; thence southerly along the easterly boundaries of Lots 35,34 and 33 of Block 18 of Lot 48, Plan 1279 to the southeast corner of said Lot 33, Block 18, Plan 1279; thence easterly and southerly along the northerly and easterly boundaries of Lot 1 of Lot 48, Registered Plan VIP63466 to the southeast corner thereof; thence southerly in a straight line to the northwest corner of Block 14 of Lot 48, Plan 1279; thence southerly along the westerly boundary of said Block 14 of Lot 48, Plan 1279, to the southwest corner thereof; thence southerly in a straight line to the northwest corner of Block 3 of Lot 48, Plan 1279; thence southerly and easterly along the westerly and southerly boundaries of said Block 3 of Lot 48, Plan 1279, to the southeast corner thereof; thence easterly in a straight line to the southwest corner of Block 4 of Lot 48, Plan 1279; thence easterly along the southerly boundary of said Block 4, Plan 1279 to the southeast corner thereof; thence easterly in a straight line to the southwest corner of Block 5 of Lot 48, Plan 1279; thence easterly along the southerly boundary of said Block 5, Plan 1279 to the southeast corner thereof; thence easterly in a straight line to the southwest corner of Block 6 of Lot 48, Plan 1279; thence easterly along the southerly boundary of said Block 6, Plan 1279 to the southeast corner thereof; thence easterly in a straight line to the southwest corner of Block 7 of Lot 48, Plan 1279; thence easterly 8

along the southerly boundary of said Block 7, Plan 1279 to the southeast corner thereof; thence easterly in a straight line to the southwest corner of Block 8 of Lot 48, Plan 1279; thence easterly along the southerly boundary of said Block 8, Plan 1279 to the southeast corner thereof; thence easterly in a straight line to the southwest corner of Block 1 of Lot 139, Registered Plan 1401; thence easterly along the southerly boundary of said Block 1, Plan 1401 to the southeast corner thereof; thence easterly in a straight line to the southwest corner of Block 2 of Lot 139, Plan 1401; thence easterly along the southerly boundary of said Block 2, Plan 1401 to the southeast corner thereof; thence easterly in a straight line to the southwest corner of Block 3 of Lot 139, Plan 1401; thence easterly along the southerly boundary of said Block 3, Plan 1401 to the southeast corner thereof; thence easterly in a straight line to the southwest corner of Block 4 of Lot 139, Plan 1401; thence easterly along the southerly boundary of said Block 4, Plan 1401 to the southeast corner thereof; thence easterly in a straight line to the southwest corner of Block 5 of Lot 139, Plan 1401; thence easterly along the southerly boundary of said Block 5, Plan 1401 to the southeast corner thereof; thence easterly in a straight line to the southwest corner of Block 6 of Lot 139, Plan 1401; thence easterly along the southerly boundaries of Blocks 6, 7 and 8 of Lot 139, Plan 1401 to the southeast corner of said Block 8, Plan 1401; thence easterly along the easterly prolongation of the southerly boundary of Block 8 of Lot 139, Plan 1401 to the point of intersection with the easterly boundary of Lot 139 and being the easterly limit of Dundalk Avenue South; thence southerly along the easterly boundary of said Lot 139 to the southeast corner thereof and being a point on the southerly limit of Morris Street; thence westerly along the southerly boundary of said Lot 139 to the southwest corner thereof; thence southerly along the easterly boundaries of Lots 48 and 132 to the point of intersection with the easterly prolongation of the northerly boundary of Block 8 of Lot 132, Registered Plan 883A; thence westerly along said easterly prolongation and continuing westerly along the northerly boundary of Block 8 of Lot 132, Plan 883A to 9

the northwest corner thereof; thence westerly in a straight line to the northeast corner of Block 7 of Lot 132, Plan 883A; thence westerly along the northerly boundary of said Block 7, Plan 883A to the northwest corner thereof; thence westerly in a straight line to the northeast comer of Block 6 of Lot 132, Plan 883A; thence westerly along the northerly boundary of said Block 6, Plan 883A to the northwest corner thereof; thence westerly in a straight line to the northeast corner of Block 5 of Lot 132, Plan 883A; thence westerly along the northerly boundary of said Block 5, Plan 883A to the northwest corner thereof; thence westerly in a straight line to the northeast corner of Block 4 of Lot 132, Plan 883A; thence westerly along the northerly boundary of said Block 4, Plan 883A to the northwest corner thereof; thence westerly in a straight line to the northeast corner of Block 3 of Lot 132, Plan 883A; thence westerly along the northerly boundary of said Block 3, Plan 883A to the northwest corner thereof; thence westerly in a straight line to the northeast corner of Block 2 of Lot 132, Plan 883A; thence westerly along the northerly boundary of said Block 2, Plan 883A to the northwest corner thereof; thence westerly in a straight line to the northeast corner of Block 1 of Lot 132, Plan 883A; thence westerly along the northerly boundary of said Block 1, Plan 883A to the northwest corner thereof; thence westerly along the westerly prolongation of the northerly boundary of Block 1 of Lot 132, Plan 883A to the point of intersection with the easterly boundary of Lot 91; thence southerly along the easterly boundaries of Lots 91, 113 and 121 to the southeast corner of said Lot 121; thence westerly along the southerly boundary of said Lot 121 to the southwest corner thereof; thence southerly, westerly and northerly along the easterly, southerly and westerly boundaries of Lot 122 to the northwest corner thereof; thence westerly along the southerly boundary of Lot 1 to the aforesaid southwest corner thereof, being the point of commencement, except thereout Indian Reserve Number 1 (Ahahswinis), but including that part of Beaver Creek Road within Indian Reserve Number 1 (Ahahswinis); the whole of the above-described area containing by admeasurement 1,991.97 hectares of land, more or 10

less, and 155.74 hectares of land covered by water, more or less: AND THAT the Letters Patent of the City of Port Alberni 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 GovernmentAct, 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 Albemi-Clayoquot, 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, collecti ve agreement, covenant, or 1I

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.

SAHARA HEIGHTS WATERWORKS DISTRICT 4.0 The Sahara Heights Waterworks District is dissolved as and from the effective date of these Supplementary Letters Patent, and all property, both real and personal, and all rights, powers and privileges arising out of any contract, agreement, collective agreement, covenant, or otherwise whatsoever, and all tasks, debts, actions, causes of action, and all claims and demands whatsoever either at law or in equity pertaining to the Sahara Heights Waterworks District, shall transfer to, vest in and belong to the municipality from that date. I2

4.1 Nothing in these Supplementary Letters Patent shall impair or affect the rights of any creditor of the Sahara Heights Waterworks District, and the municipality shall be liable for and subject to and shall pay, discharge, carry out and perform all debts, liabilities, obligations, contracts and duties of the Sahara Heights Waterworks District which exist on and from the effective date of these Supplementary Letters Patent. 4.2 Subject to these Supplementary Letters Patent, each bylaw, right, power, privilege, contract, resolution, order, regulation, restriction, license 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 Sahara Heights Waterworks District, insofar as they are within the powers of the municipality, shall remain in full force and effect, in and for the municipality, on and from the effective date of these Supplemental y Letters Patent and each may be enforced, 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.

MUNICIPAL SPECIFIED AREA 5.0 The area of extension for the municipality as described in these Supplementary Letters Patent and newly enclosed within the municipality is hereby established as a specified area of the municipality, pursuant to

section 646 of the Local Government Act, for the purpose of providing domestic water. 13

5.1 Division 2 of

Part 19 of the Local Government Act shall apply to the specified area established by

section 5.0 of these Supplementary Letters Patent, and for the purpose of adopting a bylaw these Supplementary Letters Patent shall be deemed to be a bylaw establishing the specified area. 5.2 The municipality shall adopt a bylaw pursuant to

section 646 of the Local Government Act with respect to the specified area established by

section 5.0 of these Supplementary Letters Patent no later than March 31, 2001, and the bylaw shall pros :de that the purpose of the specified area and the area of the municipality benefited shall be as described in

section 5.0 of these Supplementary Letters Patent, and

section 646 (7) of the Local Government Act does not apply for the purpose of adopting this bylaw. 5.3 Where the Sahara Heights Waterworks District has established a reserve fund pursuant to

section 751 of the Local Government Act, the municipality must, no later than July 31, 2001, adopt a bylaw pursuant to

section 496 of the Local Government Act to establish a reserve fund to provide for the funds transferred from the Sahara Heights Waterworks District in conjunction with the dissolution of the Sahara Heights Waterworks District to be held for the use and benefit of the specified area established by

section 5.0 of these Supplementary Letters Patent. ROADS, DRAINAGE AND APPROVING OFFICER 6.0 Pursuant to 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 14

the municipality, except for those classified as arterial highways are the responsibility of the municipality. 6.1 Notwithstanding the generality of

section 6.0 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 Transportation and Highways, (including access and utility permits). 6.2 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 (hal 'age, the responsibility for maintenance of those works or ownership of those lands is transferred to the municipality.

EFFECTIVE DATE 7.0 These Supplementary Letters Patent are effective on the date approved and ordered by the Lieutenant Governor in Council. 15

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. WITNESS, the Honourable Garde B. Gardom, Q.C., Lieutenant Governor of Our said Province of British Columbia, in Our City of Victoria, in Our said Province, this 40, day of No‘win(%2._ , 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. 1636/2000
Type	order_in_council
Volume / chapter	arc oic 1636 2000
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	bf65d66efb06b69b87eb0950c7a8b2b7a5e5b5f7

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