LOclAL AUTWOIRITIES BOARD

Transcription

1 THE ALBERTA GAZETTE, JANUARY 30, 1971 ' ORDER NO Before: The Local Authorities Board for the Province of Alberta. Pursuant to an application fb questing annexation of the followi ately adjacent to the town in th 92, the Board conducted a public September 3rd, LOclAL AUTWOIRITIES BOARD 4 FZLE: L.A A2 In.the matter of The Municipal Government Act: And in the matter of an application by the Town of Westlock for annexation of certain territory lying immediately adjacent thereto.,he Town of Westlock, Alberta redescribed iands which lie imniedi- Kunicipal District of Westlock No. aring of the matter in the town on List of lands proposed by the Town for annexation Firstly: All of the north-east quarters of sections 31 and 33 both in township 59, range 26, west of the fourth meridian in the Province of Alberta. Secondly: All of the south-east quarter and the north half of section 4 which lies east of the easterly limits of the Northern Alberta Railway as shown on railway plan 5701 A.V.,. and not. presently. within the town boundaries, together with all that gortion of the north-south road allowance adjoining the west oundary of the said north half which lies south of the south-easter4 limit of the said railway; and all of the south-east quarter of section 6, together with the east-west road allowances adjoining the south boundary of the south-east quarter of said section 4 not presently within the town boundaries and the east-west road allowance adjoining the south boundary of the southeast quarter of said section 6. Thirdly: All that portion of the north-east quarter of section 5, township 60, range 26, west of the fourth meridian, which lies southeast of the south-easterly limit of the Northern Alberta Railway as shown on said plan 5701 A.V., not presently within the town boundaries. The Town of Westlock was represented by Secretary-Treasurer S. J. Hewson with Mayor, Doherty and Councillor Pjwaren giving certain evidence. Councillors Hobart and Wishloff also attended the hearing. The Municipal District of Westlock No. 92 was not represented at the hearing but filed a letter with the town dated June 25, 1970 and a letter with the Board datedijuly 2, 1970 respecting the town's application. L. Alton and G. W. Hartman, owners' of property proposed for annexation, made verbal presentations to the Board at the hearing.. The town represented that the lands applied for should be annexed to the town for the following general reasons: 1. The town has just approved an up-dated General-Plan for the. town's development, and the annexation of the subject lands will provide the town with direct control over such lands to permit the proper implementation and staging of development for the town's future expansion. 313

2 1. THE ALBERTA GAZETTE. JANUARY SO, 1971 Stages I, I1 and I11 of the residential development plan are designed to accommodate an additional population of about 10, The General Plan was prepared with assistance and advice of D. L. Makale, M.T.P.I.C., Consultant; the town's elected Council and Roy Erickson, Provincial Planning Director's Office, and represents this Committee's projection of the town's growth over the next twenty to twenty-five years. "he town's 1970 population of 3,100 is expected in ten years to grow to an estimated minimum town population of 5,900 or a maximum estimated populaqon of 8,900. In twenty years the population of the town may be at a low estiinate of 10,100 or as high as 17,000 persons. 3. The town has need of additional industrial lands and has (bought the south'-east quarter of section 6, township 60, range 26, west of the fourth meridian for this purpose. 4. The town will provide the areas with town services. including fire and town police protection. The Municipal District of Westlock No. 92 did not attend the hearing but filed a letter with the Board dated July 2, 1970 agreeing to annexation of the north-west quarter of section 4, the south-east quarter of section $6 and small portions of the north-east quarter of section 5 all in township 60, range 26, west of the fourth meridian to the town. ig. W. Hartmann, Westlock Building Supplies, owners of property in the south-east quarter of sectio$ 4, township 160, range 26, west of the fourth meridian - seven and thirty-eight hundredths (7.38) acres, advised the Board of concern over any town nuisance by-law which might adversely affect his operation of his planing mill, or any increase in assessment of his property. L. W. Alton, owner of the north-west quarter of section 4, township 60, range 26, west of the fourth meridian appeared on his own behalf to determine policy respecting assessment of his farm lands after annexation. After considering the evidence presented to it at the public hearing and filed with it in connection with the town's application, the Board has concluded that certain of the lands should be annexed to the town for the following substantial reasons: (a) the town has need of additional lands for residential development (S.E ) and for immediate (W% of S.E ) and long range (NTW and E1h of S.E ) residential development with accompanying appropriate highway commercial development. I The town has shown steady growth in population and assessment and its Genezal Plan study predicts continuation of this growth pattern. The town's existing supply of lands for early economical residential development is limited to the undeveloped areas remaining primarily in the south half of section 32, township 59, range 26, west of the fourth meridian which areas could be fully developed within five to ten years, The town has had demands for industrial land sites in excess of its limited supply of such lands and has bought the 374

3 1 THE ALBERTA GAZETTE. JANUARY undeveloped lands in the south-east quarter of section 6, township 60, range 26, west of the fourth meridian for such purposes. (b) The lands in the north half of section 4 and the east haif of the south-east quarter of section 4, township 60, range 26, west of the fourth meridian will provide the town with direct control of long range residential developments in the areas lying generally north-easterly of the existing school site in the north-west quarter of section 4 and the proposed school site in the west half of the south-east quarter of section 4, township 60, range 26, west of the fourth meridian. The Board4will provide in its Order for certain protection against urban type assessments for born fide farm operations in the north half and the south-east quarter of section 4, township 60, range 26, west of the fourth meridian, pending subdivision of such lands for urban residential development. (c) The Board is not convinced that the town established need, at this time, for annexation of the north-east quarter of section 31 and the north-east quarter of section 33, township 59, range 26, west of the fourth meridian. It is ordered therefore as follows: 11, That there Ibe annexed to the Town of Westlock and thereupon be separated from the Municipal District of Westlock No. 92, the following described lands: Firstly: All of the south-east quarter and the north half of section 4 which lies east of the easterly liws of the Northern Al$erta,Railway as shown on railway plan 5701 A.V., and not presently within the town boundaries, together with all that portion of the north-south road allowance adjoining the west boundary of the said north half which lies south of the south-easterly limit of the said railway; and all of the south-east quarter of section 6, together with the east-west road allowances adjoining the south boundary of the south-east quarter of said section 4 not presently within the town boundaries and the easbwest road alloyance adjoinin,g the south boundary of the southeast quarter of said section 6. Secondly: All that portion.of the north-east quarter of section 5, township 60, range 26, west of the fourth meridian, which lies southeast of the south-easterly limit of the Northern Akberta Railway as shown on said plan 5701, A.V., not presently within the town boundaries. (A sketch showing the general location of the annexed.lands is attached hereto as Schedule A.) 11. Any taxes owing to the Municipal District of Westlock No. 92 as at December 31st, 1970, in respect of the aforementioned annexed properties shall transfer to and become payable to the Town of Westlock, together with the amount- of any lawful penalties and costs levied thereon in respect of such taxes; however, upon the Town of Westlock collecting any or all of the said taxes, penalties or costs, such collections shall forthwith be paid by the town to the Municipal District of Westlock No The assessor for the Town of Westlock sliall for taxaticn purposes commencing in the year 1971, re-assess or re-value the lands and assessable improvements thereon situate within the territory which is by this Order annexed to the town, other than the properties described in clause IV hereunder, so that the assessment or valuation 375

4 i.. THE ALBERTA GAZETTE, JANUARY 80, 1971 thereof shall be fair and equitable with other assessable lands and improvements in the Town of Westlock. IV. In respect to any annexed parcel of land comprising a farm unit, as referred to in The Municipal Taxation Act, and the farm buildings thereon, used in connection with the raising or production of crops or livestack or both, or in connection with fur production or. bee-keeping, the assessor for the Town of Westlock shall for taxation purposes in the years 1971 to 1975 inclusive, re-assess the said property on the same tbasis of assessment as would be applicable to them had such land and farm buildings remained in the Municipal District of Westlock No. 92; provided, however, that if: 4 (a) the said land or a part thereof is subdivided; or if (b) the town, lby resolution of Council, or the owner or other interested person, in writing, establishes that for good and 3ufficient reason the provisions of clause IV herein should be varied, application may be made to the Board for an Order to implement such a variation in the terms of clause IV or any other enactment clause in the Order. V. The Town of Westlock shall for taxation purposes in the years 1971 to 1975 inclusive and while the annexed farm lands remained unsubdivided and continue to be used for farm purposes as outlined in clause SV, tax the said properties at the appropriate mill rates which are in effect in the Town of Westlock. VI. The chief provincial Assessor, appointed pursuant to the provisions of The Municipalities AsseFent and $Equalization Act, shall for taxation or grant purposes commencing in the year 1971, re-assess or re-value, as the case may be, all properties that are assessable or subject to valuation under the terms of The Electric Power and Pipe Line Assessment Act and The Municipal and Provincial Properties Valuation Act, and which lies within the areas that are by this Order annexed to the Town of Westlock, so that the assessment or valuation shall be fair and equitable with properties of a similar nature. VII. The effective date of this Order shall be the 1st day of January, ;Dated and signed at the City of Edmonton, in the Province of A!- berta, this 15th day of January, Certified a true copy w. IC. smxm (Secretary)., a LOCAL AUTHORITIlES BOARD, C. G. IMACGREGOR, (Chairman) I. WORRIS (Member) A. B. WETTER OMember). 376,

5 THE ALBERTA GAZETTE, JANUARY 80, 1971 SC.H E D U L E "A" A.. SKETCH. ~ SHOWING THE GENERAL LOCATION OF THE AREAS AFFECTED BY ORDER ~ EFFECTIVE DATE - JANUARY I, 1971 c3.( AFFECTED AREA(S) f' WEST LOCK. 877