LOCAL AUTHORITIES BOARD BOARD ORDER NO. 20492 FILE: WETAIC-25 IN THE MATTER OF THE "Municipal Govenment Act": AND IN THE MATER OF THE "County Act": AND IN THE MATTER OF an application by the Council of the City of Wefaskiwin, in the Povince of Albeta, to annex cemn teitoy I ing immediately adjacent theeto and theeby its sepaation fom the County of Wclatkiwtn Lo. LO and to sepaate cemin teitoy fom the C~ty of Wetaskiwin and theeby its annexation to the County of Wetaskiwin No. 10. Pusuant to Section 20 of the Municipal Govenment Act, the Council of the City of Wetaskiwin, in the Povince of Albeta, petitioned the Local Authoities Boad fo the Povince of Albeta, fo the annexation to the City of all that teitoy descibed in Schedule "B" attached heeto which lies adjacent to the City and theeby its sepaation fom the County of Wetaskiwin No. 10. And futhemoe pusuant to Section 20 of the Municipal Govenment Act, the Council of the City of Welaskiwin, in the Povince of Albeta, also petitioned the Local Authoities Boad fo the Povince of Albeta fo the annexation to the County of Wctaskiwin No. 10 of all that temtoy descibed in Schedule "C" attached heeto which lies County of Wefaskiwin No. 10, and theeby its sepaation fom espect to which the Boad held a public heaing mto both Repesenting the City of Wetaskiwin wee Aldemen Wana Mwe and Roge Vold, Doug.Plamping, City Manage, and Donna Hanson, City Assesso. The County of Wetaskiwin No. 10 was epesented by Cla ton Monaghan, Reeve, Eldon Ginde, Deputy Reeve, Fank Coutney, Administato. Lyle hack. Assistant Secetay, and Pat Dumont, Assesso. Also in attendance wee Councillos Godon Shewood, Leonad Olson and Lauie Linake. Bob Riddett, Planne, appeaed on behalf of the Battle Rive Regional Planning Commission. hndownes in attendance wee Joe A, Banco, Noman Schmuland, Roge Schmuland, Lionel Deshanais, Betty McPhee, Magueite Weile, Stan Reynolds and J.A. Dux. Albeta Tanspotation and Utilities, Albeta Agicultue and Albeta Envionment had wlie submitted biefs to the Boad. ll -+?f The teitoy poposed fo annexation to the City of Wetaskiwin lies geneally to the west of the pesent bounday. Land uses ae a mix of commecial, esidential aceages and agicultual. The aea is highlighted by an aipot with associated commecial o at~ons and the new Reynolds Albeta Museum. With the development of the Museum, t R e Povincial Govenment and the City of Wetaskiwin jointly upgaded and extended wate and sewe sevice westwad which geatly enhanced the development potential of the suounding lands. In anticipation of the inceasing development pessu'es to the west of the Cit of Welaskiwin, the City and County fomed a committee to addess issues concening t e uban fnnle. Seveal meetings wee held between the City, County, Battle Rive Regional Plannlng Commission and the aea atepayes. Though this co-opeative effot ageements wee eached on the issues of assessment of annexed lands, xhwl attendance and tuition, allowable agicultual usu and finge development. The City submitted that the pupose of the annexation is to bing the new1 seviceable aeas into the City to enable planning unde one juisdiction. It was submitted t at development is expected to initially be centeed on the museum and along Highwa No. 13 with the balance of the developable~iand emaining in agicultual uses unul equi fo uban puposes. The undevelopable land will be used fo pak puposes unde the Uban Paks Pogam of the Povincial Govenment. The aipot IS jointly owned by the City and County and while no significant poblems have been expeienced, it was ageed that it should be unde the juisdiction of the City. The Notheast Quate of Section 25, Township 46, Range 24, West of the Fouth Meidian, being the most nothely tion of the City wa identified not bein equied by the City of Wetaskiwin in eithe J? e shot o long tem and it is poposed that 1 t be annued back to Z Z
THE ALBERTA GAZEITE, MARCH 15,1993 the County. The land was oiginally annexed fo the development of a acing cicuit but this is not pojected to be'developed until fa into the futue. The County of Wetaskiwin No. 10 fully suppoted the annexation of the said teitoy to the City of Wetaskiwin. The Count has entetd into a Memoandum of Ageement with the City e ading the annexation an futue development in the uban finge. The concens of d d the Ian ownes as expessed to the County wee addessed in the ageement and esolved to the extent mitted by thei authoity. One aea of concen to both the landownes and Count is t e assessment of any agicultual popeties annexed to the Cit. The County on?' R behal of the landownes conducting faming o ations equested t Z at the popet'es continued to be assessed in the same manne as i they had emained in the County un \ il developed fo uban puposes. Landownes, M. J.A. Dux, M. J. Banco, M. Roge Schmuland, M. Noman Schmuland, Ms. Betty McPhee and Ms. Susan Olson expessed concens egading futue agicultual uses, pivate signs, taxation and school issues. Each concen was addessed by the City to the geneal satisfaction of the questione and suppoted by the tuition ageement and assessment ageement enteed into by both municipalities. M. Riddett was pesent on behalf of the Battle Rive Regional Planning Commission. No oal pesentation was made as the Regional Planning Commission had submitted a witten bief stating the Commission fully suppou the annexation of land to the City and County. Witten submissions wee eceived fom othe govenment depatments which suppoted the annexation poposal of the City of Wekskiwin. The Boad, having consideed the evidence pesented to it at the heaing, has eached the following conclusions: 1. That due to the development of the Reynolds Albeta Museum and the extension of seviccs to the land to the west of the City, it can be expected that thee will be considcnble pessue to develop and if such devclopmcnt is, to oceed, pope planning can only be accomplished unde the juisdiction of the C~ty o Welaskiwin. 2. That the ageement enteed into b the City and County ecognizes the developmental potential of the aea and the need o a single juisdiction to manage the futue gowth. 3. That as annexation is suppoted by all paties the application by the City of Welaskiwin to annex land to the City and to the County should be ganted in full. THEREFORE, subject to the Lieutenant Goveno in Council a poving this Ode, o pescibing conditions that the Ode is subject to and appoving t e Ode subject to those conditions, o vaying the Ode and appoving the Ode as vaied, IT IS ORDERED AS FOLLOWS: I.?hat thee be annexed to the City of Wetaskiwin, in the Povince of Albeta, and theeupon be sepaated fom the Coun{y,of WWsta&iwin,,,. No., fo&he teitoy descibed ' in Schedule 'B" altached heeto. (A sketch showing the geneal location of the annexed teitoy lands is attached as Schedule 'A".) 11. That thcc be annexed to the County of Wetaskiwin No. 10, in the Povince of Albeta, and theeupon be x anted fom the City of Wetaskiwin, the teitoy descibed in Schedule 'C' attac ed heeto. g (A sketch showing the geneal location of the annexed tenitoy lands is attached as Schedule 'A'.) 111. That any taxes owing to the County of Wetaskiwin No. 10 as at Decembe 31, 1992, in espect of the po ties descibed in Clause I shall tansfe to and become payable to the City of Wetas 'G win togethe with any lawful penalties and costs levied theeon in espect of any such taxes; howeve, upon the City of Wetaskiwin collecting any o all of such taxes, altiu o WSU, such collection shall fothwith be paid by the City to the County of emkiwin No. 10. R P
THE ALBERTA GAZETI'E, MARCH 15,1993 the County. The land was oiginally annexed fo the development of a acing cicuit but this is not pojected to be'developed until fa into the futue. The County of Wetaskiwin No. 10 fully suppoted the annexation of the said teitoy to the City of Wetaskiwin. The Count has enteed into a Memoandum of Ageement with the City e ading the annexation an futue development in the uban finge. The concens of 8 B the fan ownes as expessed to the County wee addessed in the ageeme'lt and esolved to mitted by thei authoity. One aea of concen to both the landownes and lhe Count is t e assessment of any agicultual popeties annexed to the Cit. The County on behal? of the landownes conducting faming o ations equested t at the pope s f= i continued to be assessed in the same manne as i they had emained in the County un t 11 developed fo uban puposes, Landownes, M. J.A. Dux, M. J. Banco, M. Roge Schmuland, M. Noman Schmuland, Ms. Betty McPhet and Ms. Susan Olson expessed concens egading futue agicultual uses, pivate signs, taxation and school issues. Each concen was addessed by the City to the geneal satisfaction of the questione and suppoted by the tuition ageement and assessment ageement ente4 into by both municipalities. M. Riddett was peseqt on behalf of the Battle Rive Regional Planning Commission. Np oal pesentation was made as the Regional Planning Commission had submitted a witten bief stating the Commission fully suppots the annexation of land to the City and County. Witten submission; wee eceived fom othe govenment depatments which suppoted the annexation poposal of the City of Wehskiwin. The Boad, having consideed the evidence pes2nted to it at the heaing, has eached the following conclusions: 1. That due to the development of the Reynolds Albe* Museum and the extension of sevices to the land to the west of the City,.it can 'be expected that thee.wil1 be consideable pessue to develop and if such, d~velbpmcnt is. to oceed, pope planning can only be accomplished unde the juisd~ction of the City o Wedskiwin. 2. That the ageement enteed into b the"city and County ecognizes the de~el~pmental potential of the aea and the need o a single juisdiction to manage the futue gowth. 3. That as annexation is suppond by dl panics the application by the.city of Welaskiwin to annex land to the City and to the Couhty should'be ganted in full. ~XEREFORE, subject to the Lieutenant Goveno in Council a poving this Ode, o pescibing conditions that the Ode is subject to and appoving! 1 i Oidt,subject to those conditions, o vaying the Ode and appoving the Ode as vaied, IT IS ORDERED AS FOLLOWS: I; That thce be annexed to the City of Wetaskiwin, in thc,toyince ot Albeta,,and theeupon be wpmld fom the Coun(y;,gif~~win W@fjhe temtoy desclbsd in Schedule 'Bw attached heeto. ' a -, '' (A sketch showing. the geneal location of the annexed te,itoy lands is attached as Schedule 'A'.) / -. 11. That thee be annexcd to the County of Wetaskiwin No. 10, in the Povince of Albeta, and theeupon be x aated fom the City of Wetaskiwin, the teitoy descibed in Schtdule 'C' attac! t ed heeto. (A sketch showing the geneal location of the annexed temtoy lands is attached as Schedule 'A'.) 111. That any taxes owing to the County of Wetaskiwin No. 10 as at Decembe 31', 1992, in espect of the po ties descibed in C1a.u~ I shall tmsfe to and become payable to the City of Wetas F 'win togethe with any lawful penalties and costs levied theeon in espect of any such taxes; howeve, upon the City of Welaskiwin collecting any o all of such taxes, tiu o costs, such collection shall fothwith be paid by the City to the County of etasidwin No. 10. P P
THE ALBERTA GAZE'ITE, MARCH 15,1993 1V. That any taxes owing to the Ci of Wetaskiwin as at Decembe 31, 1992, in espect of the po ties descibed in lause 11 shall tansfe to and become payable to the County o Wetaskiwin No. 10 togethe with any lawful penalties and costs levied theeon in espect of any such taxes; howeve, upon the County of Wetaskiwin No. 10 colltctin an o all of such taxes, penalties o costs, such collection shall fothwith be ounty to the City of Wetaskiwin. paid by t f e E f= 2 V. That the assesso fo the City of Wetaskiwin shall, fo taxation puposes in the yea 1993, eassess the annexed lands and assessable impovements theeon, which ae by this Ode annexed to the City, so that the assessment theeof shall be fai and quitable with othe lands and assessable impovements in the City of Wetaskiwin, and the povisions of the Municipal Taxation Act egading the assessment oll shall mutatis mutandif apply to such assestment. VI. "I1* That the assesso fo the County of Wetaskiwin No. 10 shall, fo taxation puposes in the ea 1993, eassew the annexed lands and assessable impovemenls theeon, which ae, y this Ode annexed to the County, so that the assessment theeof shall be fai and quitable with othe lands and assessable impovements in the County of Wetaskiwin No. 10, and the povisions of the Munic~pal Taxation Act egading the assessment oll shall apply to such assessment. I A) That, notwithstanding Clause V, the assesso fo the City of Wetaskiwin shall, o laxation puposes, classify and assess in evey yea an fam land, fam esidences and fam bulldin s locakd on a pacel of land annexed y this Ode to the City of k b Wetaskiwin, as i the land, esidences and buildings wee fam land, fam esidences o fam buildings located in a mal municipality, and which if located in the Count of Wetaskiwin No. 10 would be classified as fam land, fam esidences and am buildings pusuant to the Municipal Taxation Act. (B) That such 'fm land, fam esidences and f m buildings* classification shall be given to such land, esidences and buildings only fo the yeas 1993 to 1997, ~nclusive, afte which such classification shall immediately teminate; povided. howeve: (i) lhat if the said lands o esidences and buildin s located on the said pacels ae, usuant to Clause VII.(A) above, deteminj by the assesso fo the City of keatldwin as being no longe "fam land, fam esidences and fam buildings" even if they had been locattd in the County of Wetaskiwin No. 10, then such classification of "fm land, fm esidences and fam buildings" shall teminate in espect of said pacel; o (ii) that if the Council of the City of Wcmkjwin, by esolution, makes an application to the Local Authontics Boad and establishes befoe the Local Authoities Boad that the povisions of Clause VII.(A) should be vaied pio lo the date established in Clause VII.(B), the total Authoities Boad may vay the time such claification shall emain in effect. (C) The owne of a pacel annexed by this Ode, o othe inteested paty, with espect to that specific pacel, may apply to the Local Aulhoities Boad fo an extension,of the time limit fo the classification of 'fam land, fam esidences and fam buildin s" as established in Clause VII.(B) and the Local Authoities Boad may, fo good an d: sufficient easons, ode that the evisions of Clause VII.(B) be vaied. ' extended o exinded with espect to that pau P. VIII. That the Chief Povincial Assesso, appointed usuant to the povisions of the Municipalities Assessment and Equalizaton Act, s all, fo taxation o gant puposes commencing in the yu 1993, eassess o evalue as the case mak be, all popeties that ae asstsable o subject to valuation unde the tems of the lectic Powe and Pipe Line Assessment Act and the Municipal and Povincial Popeties Valuation Act. and which lie within the aeas that ae by this Ode annexed to the City of Wetajkiwin, so that the assessment o valuation shall be fai and quibble with popeties of a simila natue. e
THE ALBERTA GAZE'ITE, MARCH 15,1993 IX. That the Chief Povincial Assesso, appointed usuant to the povisions of the Municipalities Assessment and Equalization Act, s all, fo Laxation o gant puposes commencing in the yea 1993, eassess o evalue as the case mak be, all popeties that ae assessable o subject to valuation unde the tems of the lectic Powe and Pipc Line Assessment Act and the Municipal and Povincial Popeties Valuation Act. and which lie within the aeas that ae by this Ode annexed to thc County of Wetaskiwin No. 10, so that the assessment o valuation shall be fai and quitable with popeties of a simila natue. X. That the effective date of this Ode is the 3 1st day of Decembe, 1992. Dated and si ned at the City of Edmonton in the Povince of Albeta this 26th day of Novembe, 1 8 92. LOCAL AUTHORITIES BOARD R. (SGD.) ARCHIE R. GROVER CHAIRMAN (SGD.) BRYAN T. CLARK VICE CHAIRMAN m D A TRUE COPY; BOARD SECWARY
I SCHEDULE "A" A SKETCH SHOWING THE GENERAL LOCATION OF THE AREAS AFFECTED BY BOARD ORDER NO. 20492 EFFECTNE DATE: DECEMBER 31,1992 ANNEXED TO CITY ANNEXEDTOCOUNTY AFFECTED AREA(S): I
THE ALBERTA GAZETTE, MARCH 15,1993 SCHEDULE "B' DETALLW) DESCRIPTION OF THE TERRITORY SOUGHT FOR ANQ ALL THAT PORTION OF THE NORTHEAST QUARTER OF SECTION NINE (9). TOfVNSHIP FORTY-SIX (46), RANGE TWENTY-FOUR (24), WEST OF THE FOURTH LLERIDIAN, WHICH LIES NORTB OF THE SOUTH LIMlT OF ROAD PLAN 912 0104 AND ITS PRODUCTION EASTERLY AND WESTIERLY THROUGHOm ALL TRAT PORTION OF TSIE NORnEEAST QUARTER OF SECTION TEN (lo), TOWNSHIP FORTYSlX (46), RANGE TWENTY-FOUR (24), \.VE!jT OF THE FOURTH MERIDIAN, NOT wnm nie CITY OF WAS- THE NORTH HALF OF THE NOR- QUARTER OF SECTION TEN (lo), TOWNSHIP FORTY-SLX (46), RANGE IWENTY-FOUR (U), wes OF THE FOURTH MERIDIAN ALL TIUT PORTION OF TIE SOUTIIWEST QUARTER OF SECTION RFfEEN (IS), TOWNSIIIP FORTY-SIX (46), RANGE TWENTY-FOUR (24), WEST OF THE FOURTH MERIDIAN, NOT WlTHXA THE CITY OF WETASKTWIN NORTHWEST QUARlFR OF SECTION mteen (19, TOWNSHIP FORTY-SIX (461, RANGE m y-four (U), WEST OF THE FOURTH MERIDIAN ALL TIUT PORTION OF TKE NORTHEAST QUARTER OF SECTION RFTEEN (IS), TOWNSIIIP FORTYSIX (46), RANGE TWENTY-FOUR (U), WEST OF THE FOURTH MERIDIAN, NOT WITHIN TKE CITY OF WETASKTWTN SOUllEAST QUARTER OF SECTION SIXTEEN (16), TOWNSHIP FORTY-SIX (461, RANGE TWENTY-FOUR (U), WEST OF TIE FOURTII herldun ALL TlUT PORTION OF TIE NORTIIEAST QUARTER OF SECTION SIXTEEN (16). TOWNSHLP FORTYSDE (46), RANGE TWENTY-FOUR (241, WEST OF THE FOURTH MERlDLAN CONTAINED WITHIN EWROPRUTION PLAN 792 1443 ALL THAT PORTION OF TIE SOUTHEAST QUARTER OF SECTION TWENTY-TWO (22) TOWNSHTP FORTY-SIX (46). RANGE TWENTY-FOUR (U), WEST OF THE FOURTH MERIDIAN, NOT WlTHlN THE CITY OF WETASKIWIN SO^^ QUARTER OF SECTION TWENTY-TWO (22), TOWNSHIP FORTY-SIX (461, RANGE IX'ENTY-FOUR (U), WEST OF THE FOURTH MERIDIAN ALL GOVERNMENT ROAD ALLOWANCES INTERVENING AND ADJOINING TIE ABOVE DESCRIBED LANDS nm ABOYE DESCRIBED LANDS COKTAIN TIIREE HUNDRED SEVENTY AND SEVENTY EIGKT IILMDREDTHS (370.78) HECTARES, (916.23 ACRES), MORE OR LESS
SCHEDULE 'C' DmIPnON OF THE TERRITORY SOUGHT FOR ANR TO TW, COUNTY OF WEUWMH NO. 1Q NORTHEAST QUARTER OF SECTION TWENTY-FTVE (29, TOWNSHIP FORTYSIX (46)s RAXGE TWENTY-FOUR (24),WEST OF THE FOURTH MERIDIAN THE NORTH SOUTH COVERNhfEKf ROAD ALLOWANCE ADJOfKING THE EAST BOUNDARY OF THE NORTHEAST QUARTER OF SECfION TWWfY-FTYE (251, TOWNSHIP FORTYSIX (46). RANGE TWENTY-FOUR (24). WEST OF 'THE FOURTH MERlDlAN n1.e ABOVE DESCRIBED LANDS CONTAM S~Y.SLX AND THIRTYSEVEN HUNDREDTHS (66.37) HEmARES, (164.00 ACRES), MORE OR LESS.