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HomeMy Public PortalAboutOsoyoos Indian Reserve Fire Protection Agreement Bylaw 1012 TOWN OF OLIVER BYLAW No. 1012 A bylaw to authorize an agreement for fire protection services to Indian Reserve lands. The municipal council of the Corporation of the Town of Oliver, in open meeting assembled, ENACTS AS FOLLOWS: 1.This Bylaw may be cited as "Osoyoos Indian Reserve Fire Protection Agreement Bylaw No. 1012, 2003". 2.The Mayor and Clerk are authorized to execute an agreement in the form attached to this Bylaw as Schedule “A” for the purpose of providing Fire Protection services to lands situated on Osoyoos Indian Reserve No. 1. Read a first, second and third time on the 24th day of March, 2003. Adopted on the 14th day of April, 2003. “original signed by Mayor” “original signed by Clerk” ______________________________ ______________________________ Mayor Clerk Bylaw No. 1012, 2003 Page 2 THE TOWN OF OLIVER AGREEMENT FIRE PROTECTION SERVICES - OSOYOOS BAND OF INDIANS THIS AGREEMENT made for reference the 1st day of January, 2003. BETWEEN: THE TOWN OF OLIVER a duly incorporated Municipality under the laws of the Province of British Columbia, 35016-97th Street, P.O. Box 638 Oliver, B.C. V0H 1T0 (hereinafter called "the Town") OF THE FIRST PART AND: THE OSOYOOS BAND OF INDIANS R.R. #3, Site 25, Comp. 1 Oliver, B.C. V0H 1T0 (hereinafter called "the Band") WHEREAS: A. The Osoyoos Indian Reserves No. 1 and No. 3 of the Band in the Province of British Columbia (the “Reserve”) are Reserves vested in Her Majesty the Queen in Right of Canada for the use and benefit of the Osoyoos Indian Band; B. The Band has requested that the Town provide fire protection to both native and non-native improvements, situate within the boundaries of the area outlined in black on Schedule “A” attached hereto (hereinafter referred to as "the Fire Protection Area"). C. The Band has requested that the Town provide limited fire protection to native improvements situate within the boundaries of the area within the shaded area on Schedule “A” attached hereto (hereinafter referred to as “the Limited Fire Protection Area”). D. The Town has agreed to provide such fire protection to the Fire Protection Area, and the Limited Fire Protection Area subject to the terms and conditions herein set out. E. The Council of the Town may pursuant to the provisions of the Local Government Act R.S.B.C. 1996 and with the approval of the Inspector of Municipalities, enter into an agreement with the Council of an Indian Band to provide a municipal service to lands within an Indian Reserve. F. The Inspector of Municipalities of the Province of British Columbia has given approval for the Town to enter into this Agreement. G. The Council of the Town by bylaw adopted on the 14th day of April, 2003 has authorize the execution of this Agreement. H. Council of the Band (the “Band Council”), pursuant to Band Council resolution passed at a duly convened meeting of the Council held March 17, 2003, a certificate of which is attached hereto as Schedule “B”, has approved and consented to the terms and conditions hereinafter set out. I. The Chief and Council represent the Band. NOW, THEREFORE, in consideration of the covenants and agreements contained herein and for other good and valuable consideration, (the receipt and sufficiency of which is hereby acknowledged), the parties hereto agree as follows: Bylaw No. 1012, 2003 Page 3 1.0 Fire Protection 1.1 The Town covenants and agrees to provide fire protection of improvements within the Fire Protection Area with the same fire protection equipment and personnel in the same manner and to the same extent as if the Fire Protection Area was located within the Oliver Fire Protection District. 1.2 The Town covenants and agrees to provided limited fire protection of improvements within the Limited Fire Protection Area. Limited fire protection is defined as the provision of one fire truck, subject to paragraphs 1.3, 1.4 and 1.5 below. 1.3 The fire protection supplied by the Town is limited by reasonable and normal precautions that must be taken by the Town Fire Department to protect properties situate in the Town. 1.4 The protection provided by the Town to the Fire Protection Area and Limited Fire Protection Area is limited to existing Town fire equipment and personnel, and the Town shall have absolute discretion as to what fire fighting equipment and personnel shall be used pursuant to this Agreement. 1.5 In the event of concurrent duplicity or multiplicity of fires within any area or areas protected by the Town, which include the Town, the Oliver Fire Protection District, the Fire Protection Area and the Limited Fire Protection Area, the decision as to the assignment of equipment and personnel to the various fires and the priority which such assignments shall be given, shall be left to the Fire Chief in his sole discretion, such discretion to be exercised having in mind the seriousness of the fire, the value of the various properties and the danger caused to adjoining properties. 1.6 The Town shall not be responsible or liable for any damage which may be sustained by reason of the Town exercising its discretion set out in paragraphs 1.3, 1.4 and 1.5 herein. 1.7 The Town shall not be obliged to provide water pipeline, hydrant or similar facilities to the Fire Protection Area and the Limited Fire Protection Area, and shall not be liable for any damage which may be sustained due to malfunction of any water system utilized in the provision of fire protection. 1.8 The Band shall maintain in good working order all water pipelines, hydrants or similar facilities in the Fire Protection Area and Limited Fire Protection Area. 1.9 The Town shall provide the Band fire protection against grass fires and wildland fires within the Fire Protection Area and the Limited Fire Protection Area. 1.10 The Town shall provide the Band with motor vehicle accident rescue services and fire protection against car fires. 2.0 Term 2.1 The term of this Agreement shall be for a period commencing the date that this agreement is duly executed by both the Band and the District, and terminating December 31, 2007. 2.2 Notwithstanding anything herein and to the contrary, this Agreement may be terminated by either party hereto by delivering to the other party a written notice of termination before July 1st, in any year, and in the event of delivery of written notice of termination, this Agreement shall cease and be of no further effect as of December 31st in the then current year. 3.0 Renewal Bylaw No. 1012, 2003 Page 4 3.1 This Agreement may be renewed, subject to the consent of the Town, for consecutive five (5) year periods by the Band giving the Town notice thereof not earlier than one hundred and eighty (180) days before and not later than ninety (90) days before the Commencement Date of each new five (5) year period. 4.0 Payment For Services 4.1 In 2003 and subsequent years, the fee for fire protection services shall be calculated as the sum of the following: (1) For native residential dwelling units located within the Fire Protection Area, the current unit count of habitable dwellings shall be provided by the Band no later than the 31st day of March of each year. This number shall be subject to verification and mutually agreed to by the Town and the Band. The fee calculation for native dwellings shall be as follows: Number of native dwelling units within Fire Protection Area X The average Oliver residential dwelling assessment for the current year, divided by $1,000 X The current year’s Oliver Fire Protection District residential (Class 1) tax rate per $1,000, as levied to properties contained within Area C of the Regional District of Okanagan Similkameen, and reported by the Taxation Revenue Division of the Province of British Columbia = Annual fire protection fee for native residential dwelling units within Fire Protection Area (2) For native residential dwelling units located within the Limited Fire Protection Area, the current unit count of habitable dwellings shall be provided by the Band no later than the 31st day of March of each year. This number shall be subject to verification and mutually agreed to by the Town and the Band. The fee calculation for native dwellings shall be as follows: Number of native residential dwelling units within Limited Fire Protection Area X The average Oliver residential dwelling assessment for the current year, divided by $1,000 X The current year’s Oliver Rural Fire Protection District residential (Class 1) tax rate per $1,000, as levied to properties contained within Area C of the Regional District of Okanagan Similkameen, and reported by the Taxation Revenue Division of the Province of British Columbia X 50% = Annual fire protection fee for native residential dwelling units within Limited Fire Protection Area (3) For native non-residential structures within the Fire Protection Area, the Band shall contract with B.C. Assessment Authority to value all such buildings and improvements on a depreciated cost basis as at December 31st of each year, and the Band shall provide the Town with the assessment for those properties no later than the 31st day of March of the following year. The fee calculation shall then be as follows: Bylaw No. 1012, 2003 Page 5 The depreciated cost value of all native non-residential buildings and improvements as at December 31st of the preceding year, divided by $1,000 X The current year’s Oliver Rural Fire Protection District business & other (Class 6) tax rate per $1,000, as levied to properties contained within Area C of the Regional District of Okanagan Similkameen, and reported by the Taxation Revenue Division of the Province of British Columbia = Annual fire protection fee for native non-residential structures (4) For non-native leased properties located within the Fire Protection Area, the Band shall deliver no later than the 31st day of March of each year to the Town the current year’s assessment roll for such properties as prepared by the B.C. Assessment Authority for Band taxation purposes, The fee calculation shall be the sum of the following product for each assessment classification: The current year’s net taxable assessed value of land and improvements for school and hospital purposes, as provided by B.C. Assessment Authority X The current year’s Oliver Fire Protection District tax rate per $1,000 of taxable assessment for that particular classification, as levied to properties contained within Area C of the Regional District of Okanagan Similkameen, and reported by the Taxation Revenue Division of the Province of British Columbia = Annual fire protection fee for non-native structures for a particular assessment classification. 5.0 Payment Due Dates and Arrears Interest 5.1 For 2003 and each year thereafter, the payment referred to in Clause 4.1 shall be due and payable as follows: January 1st -One half the prior year’s gross fire protection fee July 31st -The current year’s gross fire protection fee, less payment made January 1st. 5.2 The Band shall pay interest at the rate of 2% per month, compounded monthly, on outstanding amounts or payments made by the Band after the due date. Where a payment is made mid- month, the interest to be charged shall be 2% per month prorated for the number of days in the month that the payment was late. Bylaw No. 1012, 2003 Page 6 6.0 Termination of Agreement for Non-Payment 6.1 The Town may, in the event of breach by the Band of clause 5.1 or 5.2 of this Agreement, serve notice on the Band of its intention to terminate the agreement at the expiry of 30 days from such notice being given. At the end of the 30 days, the Town may terminate fire protection services unless the fire protection fee and all applicable arrears interest has been paid in full. 7.0 Orders, Directive and Regulations 7.1 The Band agrees with the Town to require the owners or occupiers of the property within the Fire Protection Area and Limited Fire Protection Area to comply with the regulations contained in the Oliver Volunteer Fire Department Establishment and Fire Regulations Bylaw No. 636, 1991, attached hereto as Schedule "C" 7.2 The Band agrees with the Town to require the owners or occupiers of the property within the Fire Protection Area and Limited Fire Protection Area to comply with any Order, Directive or Regulation issued on the authority of the Fire Commissioner of the Province of British Columbia or the Town of Oliver Fire Chief or an Inspector appointed by the Town. 7.3 The Town will submit to the Band, a copy of any Order, Directive or Regulation concerning the Band. 7.4 The Band agrees that, should an order, directive or regulation issued as hereinbefore described not be complied with, the Band shall thereafter be liable for the full cost of fighting any fire on or originating from the property to which the order, directive or regulation applies, and the full cost of protecting such other property from fire or fire hazard originating from the property to which the said order, directive or regulation applies, until such time that the said order, directive or regulation is complied with. 8.0 Assessment Roll 8.1 For the purposes of providing the Town with a basis of calculating amounts payable by the Band for non-native fire protection services, the Band shall, on the 31st day of March of each year, provide to the Town a completed land and improvements assessment roll, including a summary by class, that will be used by the Band as the basis for the taxation roll in such year. The Band shall utilize a comparable method of calculating assessed values as the British Columbia Assessment Authority in the preparation of the assessment roll. 9.0 Authority to Enter Reserve Lands 9.1 The Band hereby agrees to enact such bylaws and to make such appointments under any such bylaws as are required to enable the Town to provide the Fire Protection Services. 10.0 Indemnity 10.1 The Town shall, during the Term of this Agreement, at its sole cost and expense, maintain comprehensive general liability insurance against claims for personal injury, death or property damage occurring on, off, in or about the Reserve, arising out of or resulting from negligence of the Town and the officials, servants, employees, members and agents of the Town in the provision of fire protection services to be provided by the Town pursuant to this Agreement, such insurance to afford protection to the minimum limit of TWO MILLION ($2,000,000.00) DOLLARS or to such limit as may be agreed upon by the parties in writing. Bylaw No. 1012, 2003 Page 7 10.2 Except as provided in 10.4, the Town shall indemnify and save harmless the Band to the maximum amount of insurance coverage as provided in Clause 10.1, from and against all claims, demands, losses, costs, damages, actions, suits, proceedings, fines or assessments by whoever made, brought or prosecuted and in any manner based upon, arising out of, related to, occasioned by or attributed to the breach of any provision of this Agreement to be performed by the Town, its officials, servants, employees, agents and contractors. This condition shall survive the termination of this Agreement. 10.3 The Band shall indemnify and save harmless the Town from and against all claims, demands, losses, costs, damages, actions, suits, proceedings, fines or assessments by whoever made, brought or prosecuted and in any manner based upon, arising out of, related to, occasioned by or attributed to the breach of any provision of this Agreement to be performed by the Band, its officials, servants, employees, agents and contractors. This condition shall survive the termination of this Agreement. 11.0 Notice 11.1 Wherever in this Agreement it is required or permitted that notice, demand or other communication be given or served by either party to the other, such notice or demand shall be given or serviced in writing and either personally delivered or forwarded by registered mail, addressed as follows: To the Town: TOWN OF OLIVER P.O. Box 638 Oliver, B.C. V0H 1T0 Attention: The Municipal Manager And to the Band: THE OSOYOOS BAND OF INDIANS R.R. #3, Site 25, Comp. 1 Oliver, B.C. V0H 1T0 Attention: The Band Administrator PROVIDED that a party may change its address by giving the other prior notice of a change in address in accordance with this Clause and PROVIDED FURTHER that if there is a postal strike or other postal disruption, notice shall be personally delivered, not mailed, in the case of the Town, by delivery to the Municipal Administrator of the Town, and in the case of the Band, to the Band Administrator at the offices of the Band. 12.0 Dispute Resolution 12.1 All matters in dispute between the parties in relation to this Agreement, with the exception of the matters referred to in Section 12.2, that the parties are unable to resolve will be resolved in accordance with the provisions of the Commercial Arbitration Act of British Columbia. 12.2 Matters in dispute in relation to the following Sections of this Agreement shall not be subject to the dispute resolution mechanism provided in Section 12.1: Section 2.2 (Notice of Termination), Section 4.0 (Payment for Services), Section 5.0 (Payment Due Dates and Arrears Interest), and Section 6.0 (Termination of Agreement for Non-Payment). IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals in the presence of their duly authorized officers, as of the day and year first above written. Bylaw No. 1012, 2003 Page 8 SIGNED SEALED AND DELIVERED by the OSOYOOS BAND OF INDIANS COUNCIL pursuant to the consent of a majority of the Councillors of the Band present at a Council meeting duly convened ____________________________ Witness ____________________________ Addresss ____________________________ Occupation TOWN OF OLIVER was hereunto affixed in the presence of its duly authorized signing officers: Mayor Clerk ) ) ) ) )__________________________________ ) Chief ) )__________________________________ ) Councillor ) )__________________________________ ) Councillor ) )__________________________________ ) Councillor ) )__________________________________ ) Councillor ) ) ) ) ) ) ) ) C/S ) ) ) ) ) )