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AR 175/2011 TWIN VALLEY REGIONAL WATER SERVICES COMMISSION REGULATION

(no amdt)

ALBERTA REGULATION 175/2011

Municipal Government Act

TWIN VALLEY REGIONAL WATER
SERVICES COMMISSION REGULATION

Table of Contents

                1       Definition

                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.

Schedule


Definition

1   In this Regulation, “member municipality” means a municipality referred to in section 3.

Establishment

2   A regional services commission known as the Twin Valley Regional Water Services Commission is established.

Member municipalities

3   The following municipalities are members of the Commission:

                                 (a)    Vulcan County;

                                 (b)    Town of Vulcan;

                                 (c)    Village of Champion;

                                 (d)    Village of Carmangay.

Services

4   The Commission is authorized to provide water treatment and transmission services.

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 will 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   The member municipalities shall execute all documents and do all things necessary to transfer to the Commission the land, buildings and other property listed in the Schedule.

Assumption of debts, etc.

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


Schedule   

1   Town of Vulcan Raw Water Reservoir and the land legally described as follows:

Plan 2284JK
Reservoir site
Containing 36.09 Acres more or less
Excepting Thereout All Mines and Minerals and the Right to Work the Same

2   Waterline between the Town of Vulcan and the Village of Carmangay.

3   Town of Vulcan Treated Water Reservoir, Water Treatment Plant and the land legally described as follows:

Plan 7510541
Block 1
Lot 1
Excepting Thereout All Mines and Minerals

4   Water Services Agreement between Alberta Environment and the Town of Vulcan made as of January 27, 2003, and any property acquired by the Town of Vulcan by or under that Agreement.