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Proclamation from the Province of British Columbia, May 8, 1930 Province of British Columbia May 8, 1930

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 -2°'3^7.f.o%ol
PROCLAMATION.
HI:
[L.S.] J. A. MACDONALD,
Adwrnisirafor.
CANADA:
PROVINCE OF BRITISH COLUMBIA.
GEORGE the FIFTH, by the Grace of God, of
Great Britain, Ireland, and the British Dominions beyond the Seas, King, Defender of
the Faith, Emperor of India.
To   all   to   whom   these   presents   shall   come—
Gbeeting.
F. P. Burden, J TTTHEREAS by section 172
Minister of Lands. \ VV i of the " Water Act" it
is provided that it shall be lawful for the Lieutenant-Governor in Council, upon the recommendation
of the Minister of Lands, to constitute by Letters
Patent a tract of land an improvement district and
the owners thereof a body corporate:
And whereas a petition has been addressed to
the Lieutenant-Governor in Council by owners
of land within the tract of land hereinafter described, praying that the said tract of land may
be constituted an improvement district and the
owners thereof a body  corporate:
And whereas the provisions of the " Water
Act" relative to such petitions have been complied with:
And whereas the Minister of Lands has recommended that the prayer of the said petition should
be granted:
And whereas the Lieutenant-Governor in Council has, by Order in Council made pursuant to the
provisions of the " Water Act," been pleased to
order that the said tract of land situate in Osoyoos
Division of Yale District, and hereinafter more
particularly described, shall from and after the
fifteenth day of May, a.d. 1930, be constituted an
improvement district and the owners thereof a
body corporate under the said1 Act, and has made
further provision to the tenor and effect hereinafter appearing:
Now know ye that by these presents We do
hereby order and proclaim:—
1. That tract of land situate in the Osoyoos
Division of Yale District—and comprising Lots
4, 5, 6, 8, 11 to 16, 21 to 28, 30 to 33, 36, 40,
41, 44, 47 to 50, 52, 54 to 60, 62, 64, 67, 68, 70, 71,
75, 76, 77, 79, 83, 84, 85, 91, 93 to 97, 100/and
104 to 112, Registered Plan 444; Lots 113 to 117,
122, 123, 129 to 140, 144 to 171, and Blocks D,
F, G, I, and J, Registered Plan 454; Lots A and
B, 1 to 29, 54 and 55, Registered Plan 457; Lots
147 to 150 and 152 to 157, Registered Plan 498;
Lots 1 to 18, Registered Plan 500; Lots 1 to 37,
69 to 72, 76, 111 to 122, 141, 158, 159, and 161
to 167, Registered Plan 521; Lots F. G. 42 to
52, 56, 57, 50, and 60,*jRegistered Plan 2148; and
ITi^acre parcel in the easterly part of Lots 30
and 31, Registered Plari 457, which said parcel
is shown on Map B 792;- Fractional North Half
of Section 21 and the south-east Quarter of Section 29, Township 20; the aforesaid lot numbers
being inclusive in all cases and the aforesaid
registered plans being plans registered with the
Registrar for the Kamloops Land Registration
District—shall from and after the fifteenth day
of May, a.d. 1930, be constituted an improvement
district and the owners thereof a body corporate
under and subject to the provisions of the " Water
Act" and under and subject to the provisions
hereinafter contained or referred to.
Name, Teeeitoeial Limits, and Objects of
THE DlSTBICT.
2. The said improvement district shall be called
and known by the name and title of " Winfield and
Okanagan Centre Irrigation District."
3. The said improvement district shall comprise all the tract of land hereinbefore described.
4. The objects of the said improvement district
shall be the acquisition and operation of works and
licences for the storage, delivery, and carriage of
water for irrigation purpose, waterworks purpose,
power purpose, and such incidental purposes as are
authorized by the licences it acquires.
Qualification of Votees at the Fibst
Election.
5. At the first election the persons qualified1 to
vote for Trustees shall be all such persons as are
British subjects of the full age of twenty-one ye^ars,
and are owners (as defined in section 165 of the
said Act) of land within the territorial limits, or
the duly qualified agents of such owners, and are
not of Chinese, Japanese, or other Asiatic or Indian
race.
Numbeb, Qualification, and Teem of Office
OF THE TbUSTEES.
6. There shall be five Trusteed of the said improvement district.
7. Any person qualified as hereinbefore provided
to be a voter at the first election shall be qualified
to be a candidate for election as Trustee at the
first election.
8. The candidates elected as Trustees for whom
the greatest and second greatest numbers of electors
vote at the general meeting called pursuant to
clause 10 hereof shall hold office until the annual
general meeting of 1033, the candidates elected for
whom the third and fourth greatest numbers of
electors vote shall hold office until the annual general meeting of 1932, and the candidate elected for
whom the fifth greatest number of electors vote
shall hold office until the annual general meeting
of 1931; but should there be nominated no more
than five candidates for the office of Trustee, then
the Returning Officer shall have power to and shall
declare which of the candidates elected shall hold
office until the next, the second, and the third succeeding annual general meetings respectively.
First Meeting of the Fibst Teustees.
9. The first Trustees of the said improvement
district shall first meet on the first Monday following their election, and if the same is a holiday, then
on the day next following which is not a holiday.
Retuening Offices and his Instbuctions.
10. Mr. Edward Chapel Shanks, farmer, shall be
Returning Officer for the first election of Trustees
of the said improvement district. The Returning
Officer shall call a general meeting of the electors
of the improvement district for the purpose of
electing five Trustees. The Returning Officer shall,
at least seven days before the holding of the said
general meettngf^ause to be posted in six or more
conspicuous places within the territoriaFTfmits a
notice signed by him giving the date, time, and
place of holding the said general meeting. The
Returning Officer shall be chairman of the said
general meeting and he shall have power to determine whether or not any person who applies to be
allowed to vote for Trustees is qualified to do so.
The mode of taking the votes at the said general
meeting shall be as determined by the Returning
Officer. The Returning Officer shall in case of a
tie vote have a casting-vote, whether qualified as
aforesaid or not. The Returning Officer shall declare the result of the election and' shall return the
names of the successful candidates to the Water
Board.
The Fibst Assessment Roll.
1L The lands within the territorial limits shall
for the first assessment be classified into two grades
upon the following method of grading:—
Grade A: Consisting of all IsratiHtn thetHstyiet
which was prepared for irrigating and beneficially irrigated prior to January 1st, 1930.
Grade B:   Consisting of all land in the district
not classified in Grade A.
12. The improvement district shall not at any
time be under obligation to supply water for the
irrigation of any land which is not classified in
Grade A in the first assessment roll as finally
revised, but the Trustees may supply water for^
the irrigation of such land ii tney axe satisfied that
it is in the interest of the improvement district to
do so.
13. (1.) The obligation of the improvement district to provide works for the generation and supply
of electrical energy shall be limited to providing
such works only where the Trustees are satisfied
that it is in the interest of the improvement district to do so.
(2.) Upon the improvement district taking over
the operation of the water system by means of
which water is supplied for use on the lands within
its territorial limits, the improvement district shall
maintain points of delivery for domestic and irrigation use at approximately the places where such
points of delivery were maintained by the Okanagan
Centre Irrigation and Power Company, Limited,
during 1920.
(3.) The acquisition and operation of all works
for the diversion and carrying of the water from
the point of diversion to the various points of
delivery, including works for controlling and
measuring the water at the points of delivery, shall
be the duty and liability of the improvement district, and the acquisition and operation of all works
for carrying the water from the point of delivery
for each parcel as aforesaid to the place of use
and for utilizing the water shall be the duty and
liability of the owner of the land upon which the
water is authorized to be used.
(4.) The Trustees may provide an additional
point of delivery for any parcel of land upon the
owner making written application therefor and paying a bonus of such amount as to the Trustees
appears just and reasonable, and they may thereafter charge against the land affected and the owner
thereof a special annual toll for the maintenance
and operation of the works made necessary to
comply with the said application, in addition to all
other taxes, tolls, rentals, and charges payable in
respect of the land affected.
(5.) When any parcel of land is subdivided pursuant to a plan of subdivision filed in the Land
Registry Office after the first day of April, 1930,
all works made necessary by such subdivision shall
be constructed by the owner of the land, and when
such works have been constructed to comply with
the requirements of the Trustees the improvement
district shall thereafter be responsible for the
maintenance of that portion of the work so constructed which the improvement district would be
under obligation to provide had the plan of subdivision been filed prior to the said first day of
April, except where such parcel is subdivided into
parcels any of which contains less than three acres
of land, in which cases the construction of all works
made neceaaary by such subdivision shall be the
duty and liability of the owners of the land to be
served therefrom, and the maintenance and operation thereof shall be the duty of the improvement
district, and the cost of such maintenance and
operation shall be borne by the owners of the lands
served therefrom.
14. Sections 200 to 206 and 210 to 213, inclusive and Schedule B of the " Water Act" shall not'
apply  to the said  improvement district,  and  the-J
following provisions shall apply :—
" An annual general meeting of the owners of the
improvement district shall be called by the Trustees,
and shall be held between the fifteenth day of
February and the fifteenth day of March at a place
within or in the vicinity of the improvement district, for the following purposes:—
"(a.) To receive from the Trustees a report on
the condition of the works and a statement
of the financial condition of the improvement district:
"(6.) To discuss with the Trustees any matter
relating to the works or finances of the
improvement district:
"(c.)  To fix the remuneration of the Trustees lor
the ensuing year:
"(eZ.)  To elect a Trustee or Trustees to fill all
. vacancies among the Trustees, and to el net
a  Trustee  or Trustees  to  succeed  those
whose   terms   of   office   expire   coincident
with the holding of such annual general
meeting.
" A special general meeting may be called by the
Trustees at any time for the purpose of electing
a Trustee or Trustees, or for the purpose of discussing with  the electors any matter or matters
relating to the works or finances of the improvement district which in the opinion of the Trustees
should be brought up at a general meeting^ .
" At least seven days' notice of every general
meeting shall be given by notices po^p/ijii^jn L$.-
least six conspicuous public^ places in the improvement district. The said notices may be in Form 4
of Schedule A of the ' Water Act.'
" The electors present at a general meeting,
except the one called pursuant to clause 10 hereof,
shall appoint a chairman and secretary of the
meeting.
" The secretary shall enter in a book provided by
the Trustees for that purpose minutes of all matters
brought before the meeting, including all resolutions proposed and the action taken thereon and all
votes taken upon any matter. The persons entitled to vote at any general meeting, except the one
called pursuant to clause 10 hereof, shall be such
as are British subjects, and are of the full age of
twenty-one years, and are owners (as j|gSxH?s^ insertion 165 of the 'Water Act') of land within
the territorial limits, or are the duly qualified
agents of such owners, or the legal representatives
of such owners who have died, become insolvent or
insane, and are not of Chinese, Japanese, or other
Asiatic or Indian race. No person shall be entitled
to vote at any annual or other general meeting
while there is owing to the improvement district
in respect of the land held by him any taxes, tolls,
or other charges other than those levied, fixed, or
charged by the Trustees within one year of the
date of the meeting. In the event of the right of
any person to vote at any general meeting being
challenged, the chairman shall have authority to
determine whether or not such person is entitled to
vote, and the chairman may require such person to
make and file with him a statutory de^r^-i™. _|
showing that the declarant is qualified as aforesaid to vote at such general meeting. Forthwith
after the holding of a general meeting the Trustees
shall file with the Water Board a true copy of the
minutes of such meeting."
15. All words and phrases given special meanings in section 3 or section 165 of the said Act
shall, where used herein, be ascribed the meanings
given them in the said sections unless the context otherwise requires.
In testimony whebeof, 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 James Alexandeb Mac-
donald, Administrator of Our said Province,
in Our City of Victoria, in Our said Province,
this eighth day of May, in the year of our. Lord
one thousand nine hundred and thirty, and in
the twenty-first year of Our Reign.#^^
P. W,
Deputy Pro;
ftXKER,
nnciol Secretary.

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