1906. NORTH VANCOUVER INCORPORATION. CHAP. 35.

CHAPTER 35. An Act to accelerate the Incorporation of the City of North Vancouver.

[M March, 1906.]

HEREAS a petition has been presented by the inhabitants of the Preamble, W tract of land in this Act hereafter described, portion of and forming part of the District Municipality of North Vancouver, and other adjoining lands, praying that they may be incorporated as a City Municipality under the name of the " City of North Vancou­ ver ;" but it has been found inconvenient, owing to the exigencies of public business, to proceed with the consideration of the said petition in this present Session, and the said inhabitants are desirous of secur­ ing immediate incorporation, without complying with certain of the provisions of the " Municipalities Incorporation Act" and amending Acts necessitating notices and petitions, and it is expedient to permit a departure from the general statutory conditions:

Therefore, His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:—

1. This Act may be cited as the " North Vancouver City Incorpor- Short title, ation Act, 1906."

2. It shall be lawful for the Lieutenant-Governor in Council forth- Incorporation of the with, without requiring the inhabitants of the lands proposed to be Vancouver! incorporated to observe the provisions of section 3 of the " Municipali­ ties Incorporation Act" as amended, by Letters Patent under the Public Seal, to incorporate under the said Act into a City the tract of land set out in Schedule " B " hereto ; and such Letters Patent shall have the same force and effect as Letters Patent issued under the provisions 299 CHAP. 35. NORTH VANCOUVER INCORPORATION. 6 ED. 7

and after compliance with all the formalities of the said " Municipalities Incorporation Act" as amended, save and except as provided in the following sections of this Act, which shall apply to such Municipality.

What Letters 3. The Letters Patent incorporating such City Corporation shall, in Patent to specify. specifying and providing for all matters referred to in section 4 of the "Municipalities Incorporation Act," specify and provide for the matters referred to in sections 4 to 13, both inclusive, of this Act, as and in manner therein set out.

First Election.

Nomination for 4. A nomination for a first Council, to consist of a Mayor and six first election. Aldermen, shall be held on the third Saturday after Letters Patent pursuant to this Act shall be granted by the Lieutenant-Governor in Council, and the election, in case a poll shall be demanded, shall be held on the following Saturday after such nomination, and shall con­ Returning officer. tinue for one day only; and Alexander Philip shall be Returning Officer.

Notice thereof to be 5. The nomination and poll, if any, shall be held at the Municipal published. Hall at North Vancouver. Seven days' notice of the time and place of nomination, and of the holding of the poll, if any, shall be given by the said Returning Officer in a newspaper published or circulating in the said City, and further, for the like period shall be posted up on the entrance door of the said Municipal Hall.

Duties of Returning 6. The said Returning Officer shall provide a ballot-box and the Officer. necessary ballots for use at the said first election, and he shall, as far as possible, conduct such election in all respects in conformity with the provisions of the " Municipal Elections Act."

First meeting of the T. The first meeting of the Council so elected shall be held at the Council. Municipal Hall in the City on the first Wednesday after such election.

Agreement with 8. It shall be lawful for the Corporation of the District of North District Munici­ pality of North Vancouver to enter into and execute the deed of arrangement set out Vancouver. in Schedule " A " hereto, as to certain public property, rights, interests and benefits, and apportioning the same, appertaining to the said tract of land; and after the grant of Letters Patent under this Act it shall be lawful for the City of North Vancouver to enter into and execute the said deed, and to carry the same into effect; and when executed the said deed shall, to all intents, and for all purposes, be valid and binding upon the parties thereto.

Mode of election 9. Until the said Municipality is divided into wards, the Mayor until City divided into wards. and Aldermen shall be elected by those qualified to vote in the whole City. 300 1906. NORTH VANCOUVER INCORPORATION. CHAP. 35.

10. The Mayor and Aldermen elected at such first election shall First Mayor and , , i [„. , •! i • n • • •; c ,1 Aldermen to hold hold office until his or their successor, or a majority ot their successors, 0gjce unt;i sueessors have been sworn in, unless he or they shall die or resign or become elected, disqualified. 11. Any male or female, being a British subject of the full age of Qualification of twenty-one years, and being a freeholder, a householder for at least election. six months previous to such election, a pre-emptor or leaseholder for a term of not less than six months, resident within the said City, shall be entitled to vote at the first municipal election under this Act, but no female shall be qualified to sit or vote as Mayor or Alderman. 13. It shall be the duty of the Returning Officer to enter in a Voters'list. book, in alphabetical order, the names, addresses and occupations of all persons qualified under section 14 of this Act, and such list shall be the list of electors for such elections. 13. Before the name of any person, other than a freeholder, shall Declaration by be placed on the first voters' list, he or she shall make and sign a freeholder* &U declaration in writing, before some person authorised to administer oaths, or before the Returning Officer, setting forth his or her name, address, occupation and qualifications under this Act, and shall deliver the same to the Returning Officer, and the said list shall be closed on the day before nomination day, and shall then be the voters' list of the Municipality for all purposes until another list is prepared in due course. 14. The Council may, in addition to all its powers, from time to Power to make and time make, alter and repeal by-laws:— repeal by"laws- (a.) To regulate and extend the water-works system heretofore belonging to and under the control of the Corporation of the District of North Vancouver; to extend the said system to all parts of the City, and throughout adjoining Municipalities, and to supply water therefrom; to obtain further supplies of water; in addition to all other powers, to purchase lands within and without the City for watershed, reservoirs, rights-of-way, and other purposes connected with the water system; to appoint a Board of Water Commissioners to administer and manage the water-works system of the City as now existing, and as may be extended under the provisions of this Act, and to define and regulate the powers and duties of such Water Commissioners: (b.) To join with the City of Vancouver and any other Municipality or Municipalities, or with any one or more of them, for the joint supply of water in the several Municipalities so joining, and to share in the cost of watershed and all other things necessary in connection with such united water supply: (c.) To provide that all rates to be levied for water purposes shall be assessed, levied and collected on the same basis as ordinary 301 CHAP. 35. NORTH VANCOUVER INCORPORATION. 6 ED. 7

municipal taxes on land, and, in the discretion of the Council, on not more than fifty per cent, of the assessed value of the improvements: (d.) To acquire, whether inside the limits of the City, or without, by purchase, land for sand-pits, gravel-pits and stone quarries for the obtaining of materials for necessary public works in the City: (e.) To construct and maintain, or aid in the construction and maintenance of roads, trails, and bicycle paths in adjoining Municipalities, and for such purpose to make arrangements with adjoining Municipalities for the opening of roads, trails and bicycle paths leading from the City into and through such adjoining Municipalities: (/.) With the assent of the electors to subdivide the City into Wards. Lawful for the 15. It shall be lawful for the Council of the* Municipality, by a Municipality to borrow money to by-law or by-laws, to be passed without any petition and without the provide for payment of debentures of previous assent of the electors, at any time or times, and in one or District of North more sums at a time, to borrow upon the credit of the Municipality at Vancouver. large the moneys required to provide for the payment of the $170,000 of debentures of the Corporation of the District of North Vancouver, being portion of the debt of the said District Corporation taken over and assumed by the City Municipality under agreement scheduled to this Act (and therein referred to in five items) at such rate or rates of interest not greater than five per cent, as the Council may see fit, and to raise the said moneys by the issue of debentures under the formali­ ties contained in the " Municipal Clauses Act" and amending Acts.

Council may invest 16. In addition to the securities in which, in accordance with the sinking funds. " Municipal Clauses Act," investments of any sinking funds may be made, the Council of the Municipality may invest any such funds in first mortgage on improved property in the City, not exceeding forty per cent, of the assessed value thereof.

Sewage. ITf. It shall be lawful for the Council to dispose of sewage by depositing the same at some point outside the limits of the Munici­ pality, in such manner as may be found expedient, and from time to time to expropriate, take and hold such lands, both in and beyond the limits of the said Municipality, as may be considered by the Council to be right and necessary for the purposes aforesaid.

Tax sales. 18. All arrears of taxes levied by the Corporation of the District of North Vancouver on lands heretofore in said District, but included in this Act in the City, shall be vested in the City, and it shall have all the rights, powers and privileges of the said District Corporation as to the collection of the said taxes by sale of the lands liable there­ for, or otherwise, and all the rights, powers and privileges of the 302 1906. NORTH VANCOUVER INCORPORATION. CHAP. 35.

District Corporation as regards the lands, heretofore in the said Dis­ trict and now included in the City, sold at the tax sales held on the second and sixteenth days of August, 1905, are hereby vested in the City, and the City shall have the necessary powers to give deeds therefor.

19. A special meeting of the Board of Licence Commissioners for Board of licence said City may, if desired, be held, at a time to be fixed by the Mayor, gpeeiai meeting of. not less than one month nor more than six weeks after the date of such first election, at which meeting all powers which the said Board of Licensing Commissioners could exercise at any of the sittings pro­ vided for in sub-section (c) of section 180 of the " Municipal Clauses Act" may be had and exercised.

20. All licences heretofore issued shall be valid until the expiration Licences. of the period named in the same, and upon expiry the re-issue shall be regulated by the statutory provisions governing the City. 21. The Council may, after incorporation, pay out of ordinary Costs of Incorpora- revenue all such costs, charges and expenses incurred in and about the procuring and consequent upon the incorporation of the said City, whether by the promotion of the Charter of Incorporation petitioned for or by this Act, as they may deem proper.

22. All provisions of the " Municipal Clauses Act," the " Municipal Application of .... " Municipal Elections Act," and " Municipalities Incorporation Act," shall apply to clauses" and the said Municipality, except when the provisions of said Acts are " ^^1 ^J"001"" repugnant to the provisions of this Act. 23. The three agreements made by the Corporation of the District Ratification of of North Vancouver with the Vancouver Power Company, Limited, agre for street car service, street lighting, and the supply of electric light and power, respectively, and the agreements made by the said Corpora­ tion with the British Columbia Telephone Company, Limited, and the Vancouver Ferry and Power Company, Limited, in so far as the several agreements affect the area by Letters Patent under this Statute incor­ porated as the City of North Vancouver, are hereby ratified and confirmed, and shall be adopted and carried into effect by the Council of the City of North Vancouver, but in other respects the said Com­ panies shall be subject to the ordinary jurisdiction of the Council.

303 CHAP. 35. NORTH VANCOUVER INCORPORATION. 6 ED. 1

SCHEDULE A.

THIS INDENTURE made the 21st day of February, 1906, between the Corporation of the District of North Vancouver (hereinafter referred to as " the District Corporation"), of the first part, and Edward Mahon, W. A. Bauer, Arthur B. Diplock and George J. Phillipo, all of North Vancouver, in the Province of British Columbia, on behalf of themselves and all others the inhabitants of the area (hereinafter described and referred to as " the City Area") proposed to be incorporated as " The City of North Vancouver" (hereinafter referred to as " the City "), of the second part. Whereas the District Corporation is incorporated as a District Municipality under the laws of the Province relating to such Municipalities: And whereas a petition has been presented to the Legislature of British Columbia to incorporate the inhabitants of the tract of land described in the next following paragraph, and others, as a City, by a special Act of Incor­ poration, under the name of " The City of North Vancouver," and to separate the said tract of land from the District Corporation : And whereas the said City Area, so far as it will be separate from the District Corporation, is described as follows, viz. : Lots 255, 271, 274, 544, 545, 546, 547, 548, 549, 550, 616, and the east half of 552 and the Mission Reserve, all in Group One (1), New West­ minster District: And whereas at a public meeting of the ratepayers of the said District Municipality held on the 8th day of November, 1905, a committee was appointed to consider the incorporation of the proposed City and the division of the assets and liabilities of the District Municipality between it and the proposed City Area, and the recommendations and report of the said Com­ mittee were approved of and adopted at a subsequent meeting of the rate­ payers of the present Municipality held on the 24th day of November, 1905, and were subsequently approved and assented to by a vote of the ratepayers of said Municipality taken on the 15th day of December, 1905 : And whereas the report of the said Committee is contained in the Schedule annexed to these presents : Now, this Agreement witnesseth, that for the consideration herein, and in pursuance of the said Agreement, the said Corporation of the District of North Vancouver doth hereby grant and convey to the parties of the second part, and their successors, the following properties and assets, namely :— 1. The Municipal Hall and Lots 48, 49 and 50, of Block 155, of District Lot 274. 2. The Pound and Stables Buildings and Lot 12, Block 134, of District Lot 271. 3. The public parks being blocks 109a and all right, title and interest in 110a in District Lots 548, 549 and 274. 4. The acquired streets ends and water frontage grants obtained, or to be obtained, for Mackay Road, Bewicke Avenue, Chesterfield Avenue, Lonsdale 304 1906. NORTH VANCOUVER INCORPORATION. CHAP. 35.

Avenue, St. George Road, St. Andrew's Road, St. Patrick's Road, and St. David's Road, subject to payment of all amounts due in respect thereof. 5. The S.S. North Vancouver and all wharves and slips belonging to the District Corporation, and all rights thereon, and to compensation therefor— subject always to the conditions and provisions of the Agreement of Lease between the District Corporation and the North Vancouver Ferry and Power Company, Limited. 6. The ferry licence from the Provincial Government—subject always to the lease thereof in favor of the North Vancouver Ferry and Power Company, Limited, and to all the conditions and provisions in said lease contained: 7. The water record of 300 inches from Lynn Creek and any record of water that may be obtained from Rice Lake, and the whole of the North Vancouver Townsite Water System and all the rights of way, pipe line, intake, and all lands owned by, reserved by the Government for, and the title and interest in all lands applied for by, said District Municipality in connection with the said water system, together with all water, pipes, hydrants, buildings and erections of any kind or description owned with the water system, and also all arrears of water rates due as on the 1st day of January, 1906, and that may have become due thereafter. It being under­ stood that the City Corporation may, at any time by any member of its staff, open tip any part of the road through the District Area that is traversed by the pipe line, to inspect or repair, or renew the said pipe line, or to lay additional pipes therein, provided (a) that the traffic on the said road is not interrupted without the consent of the District Council, and (b) that the road is reinstated in as good condition as it was before at the expense of the City Corporation, and to the satisfaction of the District Council. 8. The office furniture, in the Municipal Hall; the fire hose, reel and other equipments for the Fire Brigade, the horses, carts, harness and the whole equipment of implements for road work, the drinking fountain and garden seats; the street lamps and posts. 9. All arrears of caxes and assessments due within the City Area as at 1st January, 1906, and all rights and privileges in connection therewith. 10. The sum of $2,091 of sinking funds being the proportion of the whole fund pertaining to the amount of the whole debt to be taken over by the City as hereinafter provided. 11. The right, title and interest of the District Corporation in the Cemetery Reserve Lot 1,620, but subject to the proviso that all inhabitants of the District Area shall have the same rights of burial subject to the same cemetery charges as inhabitants of the City Area. 12. All right, title and interest of the District Corporation in Lot 2, in Block 207 and Block 208, of District Lot 541, being the property acquired for the Horticultural Gardens. 13. All other public works and improvements located within the City Area. Second. The City shall have access to the books of the District Munici­ pality at all reasonable hours. 305 CHAP. 35. NOBTH VANCOUVER INCORPORATION. 6 ED. 7

Third. The City covenants to pay the following liabilities of the said Corporation of the District of North Vancouver, namely:— 1. Local Improvement Loan of 1901 $ 2,000 2. Eighty per cent, of the Consolidated Loan of $100,000, 1903 80,000 3. Water Works Loan, 1904 50,000 4. Street Improvement Loan, 1905 25,000 5. Street Ends Loan, 1905 13,000 6. Any liabilities, other than herein otherwise provided for, due on 1st January, 1906, or incurred since said date in the management of the affairs of the District Muni­ cipality and in connection with the road work or water services. And to indemnify and hold harmless the said Corporation of the District of North Vancouver from all liability in respect thereto. Fourth. The City undertakes to obtain the necessary authority to and to give Tax Deed to all lands in the City Area, sold at the District Tax Sale in August, 1905, and generally to comply with all the provisions of the law under which said Tax Sale was conducted, so far as relates to such lands. Fifth. The City covenants to carry out and give effect to all the under­ takings of the District Corporation so far as they relate to any part of the City Area under the agreements entered into between the District Corpora­ tion and the B. C. Electric Railway Company for tramway service, electric lighting, heating and power system, and street lighting service ; and under the resolutions of the District Council regarding the installment of a tele­ phone system; and under any other contract or by-law that may exist so far as the same can be sustained and affect any part of the City Area. Sixth. The City undertakes to pay all the expenses incurred and that may yet be incurred in carrying out this agreement, and failing the incorporation of the City Corporation, then the said expenses so far as incurred shall be a charge against the guarantee fund provided for that purpose. Seventh. The District Municipality will account for and pay over to the City any taxes collected by it within the City Area after the 31st day of December, 1905. Eighth. In the event of any dispute arising in connection with this agree­ ment, the same shall be referred to arbitration under the provisions of the Act respecting Arbitration and References. Ninth. Provided, however, that this deed shall not take effect or become operative until the Royal assent is given to the proposed Private Act. In witness whereof the parties hereto have hereunto set their hands and seals and the seal of the said Corporation has been affixed on the day and year first above written. Signed, sealed and delivered-! For the Corporation. in the presence of v ARNOLD E. KEALY, Reeve, V. A. STRAUBB. J ALEX. PHILIP, C. M. C. [Seal of North Vancouver District Municipality.] Signed, sealed and delivered^ E. MAHON. [Seal] in the presence of W. A. BAUER. [Seal] V. A. STRAUBB, | A. B. DIPLOCK. [Seal] as to all. J GEO. J. PHILLIPPO. [Seal] 306 1906. NOKTH VANCOUVER INCORPORATION. CHAP. 35.

REPORT OF RATEPAYERS' COMMITTEE REFERRED TO IN FOREGOING AGREEMENT.

1. That the tract of land comprising the following lots, 271, 274, 265, 544, 545, 546, 547, 548, 549, 550, part of Lot 552 and Lot 616 now forming part of the Corporation of the District of North Vancouver; also District Lot 273 and part of Lot 272 be the area, the inhabitants of which are to be incorporated under the name of the Corporation of the City of North Vancouver. 2. That the consolidated debt of the present District Municipality, amount­ ing to $100,000, be assumed by the new City of North Vancouver, and the remaining portion of the district in the following proportion :— 80 per cent, by the new City and 20 per cent, by the remaining portion of the District Municipality. 3. That the following amounts at present constituting debts of the District Municipality, namely :— The Local Improvement Loan $ 2,000 The Water Works Loan 50,000 The Street Ends Loan 13,000 The Last Loan 25,000 be assumed entirely by the new City. 4. That the public works and improvements, outside the new City limits, remain the property of the District Municipality. 5. That the following assets of the present Corporation be allotted to the City :— Office and Hall Furniture $ 414 Wharves and Slips 2,809 Municipal Hall and Lots 6,013 Pound Lot and Buildings 493 S.S. North Vancouver 10,000 6. That the following assets of the present Corporation, namely, Tax Sale Lands of an assessed value of $1 2,392, to be divided between the new City and the District Municipality according to the locality of the lands, that is to say that all Tax Sale Lands lying within the proposed limits of the new City be allotted to the City, and those lying outside remain the property of the District Municipality. 7. That the arrears of taxes valued at $6,739 be divided in the same manner as provided in the last preceding paragraph. 8. That the sum at the credit of the Sinking Fund be divided as follows :— The portion relating to the various debts assumed by the new City to go to the City and the portion relating to the consolidated debt to be divided in the same proportion as that debt, viz., 80 per cent, to the City and 20 per cent, to the District Municipality. 9. That the water and water works system and all lands acquired or controlled in connection with watersheds be vested in the new City—the City assuming the entire indebtedness relating thereto. 10. That the Cemetery, viz., Lot 1,620, should be held and administered by the new City for the City and District Municipality. 11. That a special charter be obtained. 307 CHAP. 35. NORTH VANCOUVER INCORPORATION. 6 ED. 7

SCHEDULE B.

Commencing at a point in Burrard Inlet, distant 2,300 feet due south from the south-west corner post of Lot 265; thence due north 2,300 feet to said south-west corner post of said Lot 265; thence 2,640 feet, more or less, to the north-west corner of said Lot 265; thence northerly through Lot 552, 2,640 feet, more or less, to the south-west corner post of Lot 599; thence easterly along the north boundary of Lot 552, 2,640 feet, more or less, to the north-east corner post of Lot 552; thence northerly along the west boundary of Lot 544, 1,714 feet, more or less, to the north-west corner post of Lot 544; thence easterly along the north boundary of Lot 544, 2,640 feet, more or less, to the north-east corner post of Lot 544; thence easterly along the north boundary of Lot 545, 2,640 feet, more or less, to the north-east corner post of Lot 545; thence easterly along the north boundary of Lot 546, 2,640 feet, more or less, to the north-east corner post of Lot 546; thence easterly along the north boundary of the north- most portion of Lot 616, 990 feet, more or less, to the north-east corner of said portion; thence southerly along the east boundary of said north- most portion of Lot 616, 3,069 feet, more or less, to the south-west corner of Lot 2,025; thence easterly along the north boundary of the southmost portion of Lot 616, 2,970 feet, more or less, to the north-east corner of said southmost portion of Lot 616; thence southerly along the east boundary of Lot 616, 2,310 feet, more or less, to the south-east corner post of Lot 616; thence westerly, along the south boundary of Lot 616, 3,300 feet, more or less, to the south-west corner post of Lot 616; thence southerly, along the west boundary of Lot 553, 2,640 feet, more or less, to the south-west corner of Lot 553; thence easterly, along the south boundary of Lot 553, 660 feet, more or less, to the north-east corner post of Lot 273; thence southerly along the east boundary of Lot 273, a distance of 1,939.6 feet, to the north boundary of that part of said Lot 273, the property of John Hendry; thence westerly along the north boundary of the property of the said Hendry to the east boundary of Lot 274; thence southerly along the said east boundary of Lot 274 to the high water mark in Burrard Inlet; thence in the same line southerly 600 feet, and thence westerly in a straight line to the point of commencement, the said tract of land comprising the following Lots, namely:—265, 271, 274, 273, except the portion thereof belonging to John Hendry, the easterly portion of Lot 552, and Lots 547, 548, 549, 550, 554, 545, 546 and 616, and the Mission Indian Reserve, all situate in Group One, New Westminster District, together with the foreshore in front on the north shore of Burrard Inlet as comprised within the said boundaries of the City of North Vancouver; the said tract of land being shewn on a map or plan of the said City of North Vancouver deposited in the Land Registry Office at the City of Vancouver.

VICTORIA, B.C.: Printed by RICHARD WOLFENDBN, V.D., I.S.O., Printer to the King's Most Excellent Majesty. 1906.

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