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AR 136/2011 HIGHWAY 28/63 REGIONAL WATER SERVICES COMMISSION REGULATION

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ALBERTA REGULATION 136/2011

Municipal Government Act

HIGHWAY 28/63 REGIONAL WATER SERVICES
COMMISSION REGULATION

Table of Contents

                1       Definitions

                2       Establishment

                3       Member municipalities

                4       Services

                5       Operating deficits

                6       Sale of property

                7       Profit and surpluses

                8       Approval

                9       Transfer of assets

              10       Assumption of debts, etc.

              11       Disestablishment

              12       Repeal

Schedule

Definitions

1   In this Regulation,


                                 (a)    “former Commission” means the Thorhild Regional Water Services Commission established by the Thorhild Regional Water Services Commission Regulation (AR 367/92);

                                 (b)    “member municipality” means a municipality referred to in section 3.

Establishment

2   A regional services commission known as the Highway 28/63 Regional Water Services Commission is established.

Member municipalities

3   The following municipalities are members of the Commission:

                                 (a)    The County of Thorhild No. 7;

                                 (b)    Smoky Lake County;

                                 (c)    Town of Smoky Lake;

                                 (d)    Village of Vilna;

                                 (e)    Village of Waskatenau.

Services

4   The Commission is authorized to provide for the transmission of potable water.

Operating deficits

5   The Commission may not assume operating deficits that are shown on the books of any of the member municipalities.

Sale of property

6(1)  The Commission may not, without the approval of the Minister, sell any of its land, buildings, equipment or inventory whose purchase has been funded wholly or partly by grants from the Government of Alberta.

(2)  The Minister may not approve a sale under subsection (1) unless the Minister is satisfied

                                 (a)    as to the repayment of the grants from the Government of  Alberta and outstanding debt associated with that portion of the land, buildings, equipment or inventory to be sold,

                                 (b)    that the sale would not have a significant adverse effect on the services the Commission provides, and

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

Profit and surpluses

7   Unless otherwise approved by the Minister, the Commission may not

                                 (a)    operate for the purposes of making a profit, or

                                 (b)    distribute any of its surpluses to its member municipalities.

Approval

8   The Minister may make an approval under section 6 or 7 subject to any terms or conditions the Minister considers appropriate.

Transfer of assets

9(1)  The former Commission 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 former Commission for the design, construction or provision of water services by the regional system, including the property specified in the Schedule.

(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 member municipalities for the design, construction or provision of water services by the regional system, including the property specified in the Schedule.

Assumption of debts, etc.

10(1)  All debts and liabilities, all titles, easements and rights of way and crossing and all service, construction, consulting and other agreements incurred, held or entered into by any of the member municipalities or the former Commission with respect to the land, buildings and other property listed in the Schedule to this Regulation are assumed by the Commission.

(2)  The municipalities, the former Commission 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 referred to in subsection (1).

Disestablishment

11   On the transfer of the assets and liabilities of the former Commission to the Commission in accordance with section 9, and the assumption by the Commission of all debts and liabilities, titles, easements, rights of way and crossing and all service, construction, consulting and other agreements incurred, held or entered into by the former Commission in accordance with section 10, the former Commission is disestablished.

Repeal

12   The Thorhild Regional Water Services Commission Regulation (AR 367/92) is repealed on December 31, 2011.

Schedule

Transmission waterlines to be acquired by the Commission from the former Commission:

Town of Redwater to
   Hamlet of Egremont                      14 km               200 mm pipe

Hamlet of Egremont to
   Hamlet of Thorhild                        14 km               200 mm pipe

Hamlet of Egremont to
   Hamlet of Radway                        12.75 km          100 mm pipe

Transmission waterlines to be acquired by the Commission from The County of Thorhild No.7:

Thorhild to Abee                                11 km      150 mm PVC pipe

Abee to Newbrook                            12 km      150 mm PVC pipe

Radway to Waskatenau                  11 km      300 mm PVC pipe