Summerland Research Station Agriculture Canada Fire Protection Bylaw No. 90-073
Summerland, British Columbia
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THE CORPORATION OF THE DISTRICT OF SUMMERLAND
BYLAW NUMBER 90-07 3
A BYLAW OF THE CORPORATION OF THE DISTRICT OF SUMMERLAND TO PROVIDE
FIRE PROTECTION TO LAND AND BUILDINGS OWNED AND OPERATED BY HER
MAJESTY THE QUEEN IN THE RIGHT OF CANADA AS REPRESENTED BY THE
MINISTER OF AGRICULTURE, ADJACENT TO AND OUTSIDE THE BOUNDARIES OF
THE CORPORATION OF THE DISTRICT OF SUMMERLAND
WHEREAS, Her Majesty the Queen in the Right of Canada as
represented in that behalf by the Minister of Agriculture (hereinafter
referred to as "The Minister"), has made application to the Corporation of
the District of Summerland requesting that the said District of Summerland
provide fire protection to the lands and premises of the Minister adjacent
to the Boundaries of the corporate limits thereof and known as The Research
Station, Agriculture Canada, more particularly known and described as:
All and singular, those certain parcels or tracks of land situate, in and
being in the Research Station within Indian Reserve Number 1, of the
Province of British Columbia, and more particularly known and described as
District Lots Numbers two thousand four hundred and ninety eight (2498), two
thousand four hundred and ninety nine (2499), two thousand four hundred and
ninety six (2496), four thousand eight hundred and ninety six (4896) four
thousand eight hundred and ninety seven (4897), four thousand eight hundred
and ninety eight (4898) four thousand eight hundred and ninety nine (4899)
five thousand one hundred and forty six (5146), four thousand nine hundred
and three (4903), four thousand nine hundred and one (4901), four thousand
nine hundred and two (4902), and Parcel Three, Lot 4701, Osoyoos Division
Yale District of the Province of British Columbia, which said land and
buildings are hereinafter referred to as "the said Research Station",
AND WHEREAS, it is deemed advisable to provide fire protection for the
the Minister pursuant to the request here and before recited and an agreement
has been prepared between the Corporation of the District of Summerland and
the Minister setting out the terms and conditions under which fire protection
will be furnished, and providing for an annual charge to be paid to the
Corporation of the District of Summerland as annexed to this bylaw and marked
as Schedule "A", attached hereto;
NOW THEREFORE, the Municipal Council of the Corporation of the District
of Summerland in open meeting assembled, enacts as follows:
1.
That the Corporation of the District of Summerland be and is hereby
authorized to enter into an Agreement in the form set out in "Schedule A"
to this Bylaw with Her Majesty the Queen in the Right of Canada as
represented in that behalf by the Minister of Agriculture to provide
fire protection to the land and premises of the latter, here and before,
more partciularly described.
2.
That the Mayor and Municipal Clerk be and are hereby authorized to execute
form of Agreement set out as ''Schedule A" to this Bylaw and to affix the
Corporate Seal of the Corporation of the District of Summerland thereto.
90-073.1
3.
This Bylaw may be cited for all purposes as the "Summerland Research Station
Agriculture Canada Fire Protection Bylaw, 90-073".
READ A FIRST, SECOND AND THIRD times, by the Municipal Council of the
Corporation of the District of Summerland, this 13th day of November 1990.
RECONSiDERED, FINALLY READ AND ADOPTED, by the Municipal Council of the
Corporation of the District of Summerland, signed by the Mayor and Clerk and
sealed with the corporate seal of the corporation this 26th day of November 1990.
90-073.2
THIS IS THE AGREEKElfl' REFERRED TO AS ·sCHEDULE A" IN BY-LAW
NUMBER 90-073 OF THE CORPORATION OF THE DISTRICT OF
SUMMERLAND BUT ALTERED AS A RESULT OF PROVINCE OF B.C. ORDER IN OOUllCIL
NO. 1302 DATED 31 AUGUST 1989
THIS MEKORARDUK OF AGREEM.Elfl' made the
16th
day of
May
in the year of
our Lord, one thousand nine hundred and ninety one
BETWEEII:
AND:
THE
CORPORATIOII
OF
THE
DISTRICT
incorporated District Municipality
Province of British Columbia,
(hereinafter called "the Corporation")
OF THE ONE PART,
OF
SUMMERLAND, a
under the laws of
duly
the
HER
MAJESTY
THE
QUEEN
IN
THE
RIGHT
OF
CANADA
as represented in that behalf by the Minister of Agriculture,
(hereinafter called "The Minister")
OF THE OTHER PART.
WHEREAS the Minister owns and operates lands and buildings as
an
Agriculture
Research Station within
and
immediately adjacent
to
the
Corporation and which may be described as follows, namely ALL AND SINGULAR those
certain parcels or tracts or land situate, lying and being in the Research
Station within Indian Reserve No. One (1), of the Province of British Columbia,
and more particularly known and described as District Lots Numbers four thousand
seven hundred one (4701), four thousand seven hundred two (4702), four thousand
eight hundred eighty-four (4884), two thousand four hundred ninety-six (2496),
two
thousand four
hundred ninety-eight (2498),
two
thousand four hundred
ninety-nine (2499), four thousand eight hundred ninety-six (4896), four thousand
eight hundred ninety-seven (4897), four thousand eight hundred ninety-eight
(4898) and four thousand eight hundred ninety-nine (4899), Osoyoos Division,
Yale District, of the province of British Columbia, which said lands and
buildings are hereinafter referred to as "the said Research Station.
AND
WHEREAS the said Research Station is partly situate
outside the corporate limits of the Corporation.
(Lots 4701 Parcel 3, 4901,
4902, 5146, 4899, 4898, 4897, 2496, 4896, 2499, and 2498).
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AND WHEREAS the Minister has requested the Corporation to
provide fire protection to the said Research Station, and the Corporation has
agreed to furnish fire protection to the said Research Station subject to the
terms, conditions and agreements hereinafter set out:
AND
WHEREAS the Council of
the Corporation has by By-Law
numbered 819, authorized the Corporation to provide fire protection to the said
Research Station in accordance with the terms, conditions and agreements
hereinafter set out:
HOW THEREFORE 'l'BIS lNDEmJU OF AGREKMDT WITHESSE'l'B that in
consideration of the premises and in consideration of the mutual covenants and
agreements hereinafter contained, the parties hereto agree with each other as
follows:
1.
The Corporation agrees to provide fire protection to the said Research
Station with the same fire protection facilities, in the same manner, to the
same extent as the Corporation would furnish fire protection to · the said
Research Station if the latter were totally within the corporate limits of the
Corporation.
The covenant for the provision of fire protection to the said
Research Station as hereinbefore set out shall not be deemed to give to the
Minister in respect to the said Research Station any right to receive from
the Corporation greater or better fire protection service than is provided other
owners of property within the corporate limits of the Corporation, or to impose
on the Corporation any greater obligation to furnish fire protection than the
obligation of the Corporation to furnish fire protection to property situate
within the corporate limits of the Corporation.
In particular, the Corporation
shall be bound to furnish fire protection only to the extent of the availability
of fire fighting equipment at the time that fi ra fighting equipment may be
required for the said Research Station, and the Corporation shall have complete
discretion as to what fire fighting equipment shall, on the occasion of any fire
or threat .of fire on the said Research· Stati,on, be . sent to the said Resear.:h
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3 -
Station and the Corporation shall have complete discretion as to whether any
fire fighting equipment shall be sent to the said Research Station if at the
time of a fire or threat of a fire at the said Research Station there is another
fire or threat of fire elsewhere within the corporate limits of the Corporation,
or any fire or threat of a fire on property outside the corporate limits of the
Corporation with respect to which the Corporation has agreed to provide fire
protection.
If in the exercise of the discretion hereinbefore given the
Corporation sends to the said Research Station none or a part only of the fire
fighting equipment of
the Corporation, the Corporation shall not be held
responsible or liable for any damage which may be sustained by the Minister as a
result of the Corporation exercising such discretion.
2.
The Minister, shall, during the continuance of this Agreement, make
available to the Summerland Volunteer Fire Brigade, in case of need, fire
fighting
equipment
owned
by
the Minister
for
use
within
the
corporate
limits of the Corporation subject to the following limitations.
The Minister,
or his delegates, shall have complete discretion as to what fire .fighting
equipment shall be sent to the Corporation, but at no time shall all the fire
fighting equipment owned by the Minister on the said Research Station be made
available to the Summerland Volunteer Fire Brigade for use within the corporate
limits of the Corporation, other than that portion of the Research Station
within the Corporation other than that portion of the Research Station within
the Corporation.
3.
The Minister covenants and agrees with the Corporation to pay to the
Corporation in each year during the continuance of this Agreement the sum of
$1.00 (one dollar) per annum, payable by the first day of January in each year,
the first payment to be due and payable the first day of January, 1990.
4.
This Agreement may be terminated by either party hereto delivering to the
other party a notice of termination six months before any anniversary date of
this Agreement~ and such notice of termination shall give notice of termination
of this Agreement on the anniversary date of this Agreement next following the
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delivery of such notice of termination and in the event of any such notice being
given by either party this Agreement and everything herein contained shall
wholly cease and determine on the said anniversary date.
IR WITNESS WHEREOF the Corporation of the District of Summerland has
caused its corporate seal to be hereunto affixed in the presence of the Reeve
and Clerk of the Corporation, they being first duly authorized on that behalf.
SIGHED, SEALED AHO DELIVERED
BY THE SAID HllflSTEll
in the presence of :
6 - ~
.
SIGNED, SEALED AND DELIVERED
BY THE MUNICIPALITY
in the presence of :
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1.'HE CORPORATION OF THE DISTRICT OF
SUMKERLAND,
"