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AR 161/89 FOOTHILLS REGIONAL SERVICES COMMISSION REGULATION

(Consolidated up to 82/2001)

ALBERTA REGULATION 161/89

Municipal Government Act

FOOTHILLS REGIONAL SERVICES
COMMISSION REGULATION

Table of Contents

                1       Definitions

                2       Commission established

                3       Members


                4       Services

                5       Fees

                6       Acquisition and disposition of property

                7       Assumption of debts

             7.1       Pre-existing liabilities

             7.2       Operating deficits

                8       Easements, etc. assumed

Schedules

Definitions

1   In this Regulation,

                                 (a)    “Cargill Agreement” means the agreement entered into between the Municipal District of Foothills No. 31, the Town of Okotoks, the Town of High River and Cargill Limited, dated March 6, 1989;

                                 (b)    “Commission” means the Foothills Regional Services Commission;

                                 (c)    “municipalities” means the municipalities listed in section 3.

AR 161/89 s1;28/92

Commission established

2   There is hereby established a regional services commission known as the Foothills Regional Services Commission.

AR 161/89 s2

Members

3   The following municipalities shall be members of the Commission:

                                 (a)    Municipal District of Foothills No. 31;

                                 (b)    Town of Okotoks;

                                 (c)    Town of High River;

                                 (d)    Town of Black Diamond;

                                 (e)    Town of Turner Valley;

                                  (f)    Town of Nanton.

AR 161/89 s3;28/92;82/2001

Services

4(1)  The Commission shall supply sewage transmission and treatment services and waste management services

                                 (a)    to the municipalities, and

                                 (b)    to any additional persons to whom the board of directors of the Commission from time to time decides to supply sewage transmission and treatment services or waste management services.

(2)  Sewage transmission and treatment services and waste management services shall be supplied to all customers on an as-required basis.

AR 161/89 s4

Fees

5(1)  The fees to be charged by the Commission to its customers shall be based on the annual full cost recovery for supplying the sewage transmission and treatment services and the waste management services.

(2)  Without limiting the generality of subsection (1), the cost referred to in subsection (1) includes the debt service cost of debenture repayments.

(3)  Each municipality shall receive sewage transmission and treatment services and waste management services from the Commission at the same rate.

(4)  Retail sewage and waste management rates shall be determined by each of the municipalities.

AR 161/89 s5

Acquisition and disposition of property

6(1)  The municipalities shall execute all documents and do all things necessary to transfer to the Commission all land, buildings and personal property referred to in Part 1 of Schedule 1 and in Schedule 2, and shall assign their interests under the Cargill Agreement to the Commission.

(2)  The Commission shall not sell any of the land, buildings or personal property used in connection with the supply of sewage transmission and treatment services and waste management services without the approval of the Lieutenant Governor in Council.

(3)  The Lieutenant Governor in Council may give his approval under subsection (2) if he is satisfied

                                 (a)    as to the repayment of provincial grants and outstanding debt associated with that portion of the land, buildings and personal property to be sold, and

                                 (b)    that the sale would not have a significant adverse effect on the supply of services by the Commission.

(4)  Notwithstanding subsection (2), the Commission is authorized to dispose of the land, buildings and personal property listed in Part 1 of Schedule 1 in accordance with the Cargill Agreement.

AR 161/89 s6;28/92

Assumption of debts

7   The debts of the municipalities listed in Part 2 of Schedule 1 shall, on acquisition by the Commission of the land, buildings and personal property referred to in Part 1 of Schedule 1, become debts of the Commission.

AR 161/89 s7;28/92

Pre-existing liabilities

7.1   The Town of Black Diamond and the Town of Turner Valley are not responsible for any liabilities incurred by the Commission before the coming into force of this section.

AR 28/92 s6

Operating deficits

7.2   The Commission shall not assume operating deficits with respect to the land, buildings or personal property that are shown on the books of the Foothills Regional Waste Management Authority or any of its member municipalities.

AR 28/92 s6

Easements, etc. assumed

8   All titles, easements, rights-of-way and crossings, and all service, construction and consulting agreements incurred, held or entered into by the municipalities with respect to the land, buildings and personal property listed in Part 1 of Schedule 1 and the Cargill Agreement shall be assumed by the Commission, and the Commission shall enter into any agreements, execute any documents and do any other things that are necessary to assume those titles, easements, rights-of-way and crossings and agreements.

AR 161/89 s8;28/92


Schedule 1

Part 1

Land

1   The sewage treatment site, which is a 71-acre parcel, more or less, excepting thereout all mines and minerals, located within the north‑west quarter of section 19, township 19, range 28, west of the 4th meridian.

Buildings and Personal Property

1   The sewage facilities constructed on the sewage treatment site, which include the following:

                                    -    Wastewater Pump Station

                                    -    Lagoon

                                    -    Monitoring Wells

                                    -    Aeration

                                    -    Digester

                                    -    Clarifier/Services Building

                                    -    Skim Tank/Screens

                                    -    Yard Piping

                                    -    Finished Site Work

                                    -    Effluent Pipeline

Part 2

Debentures

1   $2.5 million for design and construction of the sewage facilities.

2   $1.0 million for design and construction of the Frank Lake Waterline.

AR 161/89 Sched.1;28/92

Schedule 2

Land, Buildings and Personal Property

1   Located at S.E. 1/4 of S.E. 32‑19‑29 W4th leased under agreement from the Province of Alberta (Regional Landfill Site):

                                    -    shop building

                                    -    pesticide container facility

                                    -    scale

                                    -    underground oil tank

                                    -    fences

                                    -    on site roads

                                    -    transfer truck

                                    -    40 and 50 yard containers

                                    -    ride on mower

                                    -    various equipment

2   Located at transfer station sites leased from Province of Alberta:

                                    -    12 40‑yard and 50‑yard containers

                                    -    6 bins

                                    -    sheds

AR 28/92 s8