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Third Session, Thirty-Eighth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 32

THE RURAL MUNICIPALITY OF KELSEY BY-LAW NO. 5/02 VALIDATION ACT


Table of Contents Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definition:  "the by-law"

1           In this Act, "the by-law" means By-law No. 5/02 of the Rural Municipality of Kelsey, passed by the Rural Municipality of Kelsey on August 12, 2002, a copy of which is set out in the Schedule.

By-law validated

2           The by-law is validated and declared to have been lawfully made, and everything done or to be done under the authority of the by-law or for the purpose of bringing the by-law into effect is validated and declared to be lawfully done.

By-law may not be amended or repealed

3           The by-law may not be amended or repealed by the council of the Rural Municipal of Kelsey, the council of any successor municipality, or the governing body of any other successor corporation comprising some or all of the inhabitants of the area of the Rural Municipality of Kelsey.

By-law not subject to challenge

4           No proceeding that challenges the by-law or any of its provisions may be brought in any court in Manitoba.

Coming into force

5           This Act comes into force on the day it receives royal assent.

SCHEDULE

The Rural Municipality of Kelsey By-law No. 5/02

BEING A BY-LAW OF THE RURAL MUNICIPALITY OF KELSEY TO ESTABLISH AND PROVIDE FOR THE ADMINISTRATION OF THE MITIGATION RESERVE FUND.

WHEREAS By Agreement dated July 30, 2002, The Rural Municipality of Kelsey ("Kelsey"), The Pas Farmers' Association and Manitoba Hydro Electric Board ("Hydro") reached agreement in respect of adverse effects of the Grand Rapids Generating Station ("Agreement");

AND WHEREAS the Agreement provides for Hydro to issue a 30-year, real return, Manitoba Hydro Bond to Kelsey ("Bond") with an annual coupon rate of 5.65% and an initial principal amount of $3.6 million dollars.  The effective date of the Bond will be May 1, 2001.  Interest on the Bond is to be paid annually, with the first payment of interest to Kelsey to be made on May 1, 2002;

AND WHEREAS the Agreement provides that

(i) Kelsey is to establish a reserve fund called the Mitigation Reserve Fund,

(ii) all interest earned on the Bond is to be deposited into the Mitigation Reserve Fund,

(iii) the Mitigation Reserve Fund is to be administered by a council Committee, and

(iv) the interest paid into and accrued in the Mitigation Reserve Fund is to be invested and spent, and the capital sum is to be reinvested, only on the terms set out in the Agreement; and

AND WHEREAS Subsection 168(1) of The Municipal Act provides that a council may by by-law establish reserve funds for any specific purposes;

NOW THEREFORE the Council of the Rural Municipality of Kelsey enacts as a by-law the following:

1.  That the purpose of this by-law is to establish and provide for the administration of the Mitigation Reserve Fund in accordance with the Agreement.

2.  That the Mitigation Reserve Fund is hereby established.

3.  That Kelsey will deposit all interest earned on the Bond into the Mitigation Reserve Fund.

4.  That Kelsey can only use the Mitigation Reserve Fund for the specific purposes of

(a) works associated with Kelsey's responsibility for the ongoing operation, maintenance, enhancement and upgrading of the Pasquia Project, a project involving works undertaken for the purpose of reclaiming portions of the Saskatchewan River Delta Flats within the area of Kelsey bordered by the Saskatchewan River, Carrot River and Pasquia River; and

(b) other works associated with mitigation of adverse effects of the Grand Rapids Generating Station.

("Works")

Works will only be carried out within the area of land set out in the Appendix.

5.  That Kelsey can only spend the interest paid into, and accrued in, the Mitigation Reserve Fund in accordance with the following process as set out in the Agreement.

(a) A council committee called the Mitigation Reserve Fund Committee will administer the Mitigation Reserve Fund.

(b) Each year,

(i) the Committee will:

(A) determine the anticipated expenditures from the Mitigation Reserve Fund and develop an outline of the anticipated expenditures by no later than April 11; ("Outline")

(B) provide the Outline to the Association and seek its input;

(C) include the Outline in the public hearing in respect of Kelsey's Financial Plan; and

(D) following the public hearing on the financial plan and the receipt of any input from the Association, finalize the Outline and make Mitigation Reserve Fund expenditure recommendations to Council.

(ii) Council of Kelsey will:

(A) consider the Committee's expenditure recommendations and approve expenditures from the Mitigation Reserve Fund; and

(B) by December 31, prepare a report detailing the expenditures made from the Mitigation Reserve Fund, provide it to the Association and make it available to the public.

6.  That upon maturity date of the Bond, and upon maturity of any subsequent investments, the entire capital sum will be reinvested without encroachment.  All interest earned will be dealt with in accordance with the process set out in paragraph 5.

DONE AND PASSED as a by-law of the Rural Municipality of Kelsey at The Pas, in the Province of Manitoba this 12th day of August A.D. 2002.

APPENDIX

AREA OF LAND WITHIN WHICH WORKS MAY ONLY BE CARRIED OUT

1.  Sections 1 and 12 and all that part of Sections 13 and 14 lying to the South of the Saskatchewan River, including all Plans located within those Sections, in Township 56, Range 26 WPM;

All that part of Sections 2, 11, 13, 14, 19, 20, 21, 24, 25, 26 and 27 lying South and West of the Saskatchewan River, and all that part of Sections 5, 6, 8, 17 and 18 not covered by the waters of Grace Lake, and Sections 3, 4, 9, 10, 15, 16, 22 and 23, including all Plans located within those Sections, in Township 56, Range 25 WPM.

2.  All that part of Sections 4, 5, 6, 7, 8, 9, and 18 lying West of the boundary of the Town of The Pas and South of the Saskatchewan River, excepting thereout all that portion thereof designated as Indian Reserve No. 21 "C", "D", "I", "J", in Township 56, Range 26 WPM;

All that portion of Frac Township 55, Range 27 WPM which lies to the South and East of the Saskeram Wildlife Management Area Director of Surveys Plan 18414A;

All that portion of Township 55, Range 28 WPM which lies South of the Saskeram Wildlife Management Area Director of Surveys Plan 18414A;

All that portion of Township 55, Range 29 WPM which lies South and East of the following described line:  commencing at the NE corner of SE 1/4 of Section 25 in Township 55, Range 29 WPM thence Westerly and Southerly along the limits of the Saskeram Wildlife Management Area Director of Surveys Plan 18414A to the most Southerly point of oxbow of said Plan; thence Westerly and Southerly on an azimuth 180 South to the right bank of the Carrot River; thence Westerly along said right bank to the Western limit of RL 100 of Township 55, Range 29 WPM; thence Southerly along said Western limit to the point of intersection with the Southern limit of Dyke Plan 4453 PLTO (NDIV); thence Southerly following the limits of Dyke Plan 4453, 4518 and 4515 PLTO (NDIV) to the Southerly limit of Township 55, Range 29 WPM, excepting thereout all that portion thereof designated as Indian Reserve No. 21 "D";

Includes Carrot River Lots 1 to 100 except Carrot River Lots 2 and 3;

Includes Pasquia Settlement Lots 1 to 59, Plan 4734 and any new Plans therein.

3.  All those portions of Sections 18, 19, 20, 28, 29, 33 to 34 lying NW of Highway No. 10 and all Sections 30, 31 and 32 in Township 54, Range 26 WPM;

Frac Township 55, Range 26 WPM, excepting thereout all that portion thereof designated as Indian Reserve No. 21"A" and excepting thereout all that portion thereof included within the boundaries of the Town of The Pas;

Sections 19, 20, 29 and 32 and all those portions of Sections 28, 33 and 34 lying NW of Highway No. 10 in Township 53, Range 27 WPM;

All that portion of Frac Township 54, Range 27 WPM which lies North and West of Highway No. 10;

Sections 22 to 27, all those portions of Sections 28, 29 and 30 lying North of the Pasquia River and all of Sections 31 to 36 in Township 53, Range 28 WPM;

Frac Township 54, Range 28 WPM;

All that portion of Township 53, Range 29 WPM which lies North of Pasquia Dyke;

Township 54, Range 29 WPM;

Pasquia settlement Lots 60 to 94, Plan 4734 and any new Plans therein inclusive.

Explanatory Note

The Bill validates a by-law of the Rural Municipality of Kelsey concerning a reserve fund established by agreement between the municipality, Manitoba Hydro and The Pas Farmers' Association.