Copyright and Disclaimer Print


AR 277/94 WESTEND REGIONAL SEWAGE SERVICES COMMISSION REGULATION

(no amdt)

ALBERTA REGULATION 277/94

Municipal Government Act

WESTEND REGIONAL SEWAGE SERVICES
COMMISSION REGULATION

Table of Contents

                1       Commission established

                2       Members

                3       Services


                4       Fees

                5       Transfer of property

                6       Assumption of rights and obligations

                7       Operating deficits

Schedule

Commission established

1   There is hereby established a regional services commission known as the Westend Regional Sewage Services Commission.

Members

2   The following municipalities shall be members of the Commission:

                                 (a)    Town of Black Diamond;

                                 (b)    Town of Turner Valley.

Services

3(1)  The Commission shall supply sewage transmission and treatment services

                                 (a)    to all the member municipalities, and

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

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

Fees

4(1)  The fees to be charged by the Commission to its customers for the supplying of sewage transmission and treatment services shall be based on the annual full cost recovery for supplying the services, including an allowance for the reserve accounts established under subsection (3).

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

(3)  The Commission may establish and maintain one or more reserve accounts for the works to provide for renewals, alterations, extensions and contingencies in respect to the works and shall credit the reserve accounts and expend, use, apply and appropriate funds from them for the purposes and in the amounts it determines.

(4)  The amounts in a reserve account established under subsection (3) may be blended with other reserve accounts established by the Commission.

(5)  The total amount to be placed in reserve accounts by the Commission shall be established by the board of directors on an annual basis.

(6)  Each member municipality shall receive sewage transmission and treatment services from the Commission at the same rate.

(7)  Retail sewage transmission and treatment rates shall be determined by each of the member municipalities.

(8)  The Commission shall establish retail rates for customers other than member municipalities.

Transfer of property

5(1)  The member municipalities shall execute all documents and do all things necessary to transfer to the Commission all land, buildings and personal property listed in the Schedule to this Regulation.

(2)  The member municipalities shall execute all documents and do all things necessary to transfer to the Commission all land, buildings and personal property held or acquired by the municipalities for the design, construction or provision of sewage transmission and treatment services by the regional system.

(3)  The Commission shall not, without the approval of the Lieutenant Governor in Council, sell any of the land, buildings or personal property used in connection with the supply of sewage transmission and treatment services whose purchase has been funded wholly or partly by provincial grants.

(4)  The Lieutenant Governor in Council may give approval under subsection (3) if 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,

                                 (b)    that the sale would not have a significant adverse effect on the supply of sewage transmission and treatment services by the Commission, and

                                 (c)    that the sale will be properly reflected in the sewage transmission and treatment rates subsequently charged to the customers of the Commission.

Assumption of rights and obligations

6   All debts and liabilities (including debentures), all titles, easements and rights of way and crossing and all service, construction, consulting and other agreements incurred, held or entered into by the member municipalities with respect to the design and construction of the sewage treatment facilities and the transmission lines are assumed by the Commission, and the municipalities and the Commission shall enter into any agreements, execute any documents and do any other things necessary to allow the Commission to assume those debts, liabilities, titles, easements, rights of way and crossing and service, construction, consulting and other agreements.

Operating deficits

7   The Commission shall not assume operating deficits with respect to the land, buildings or personal property that are shown on the books of any of the member municipalities.

Schedule   

LAND

 

Legal Description

    Land Owner

  Value

 

NW 1/4 16-20-2 W5

SW 1/4 16-20-2 W5

Town of Black Diamond and Town of Turner Valley

$355 500.89

(Including all buildings and
structures on said land)