O.C. 328/2002
July 10, 2002
The Lieutenant Governor in Council orders that
(a) effective January 1, 2002, the land described in Appendix A and shown on the sketch in Appendix B is separated from Red Deer County and annexed to the Town of Innisfail,
(b) any taxes owing to Red Deer County at the end of December, 31, 2001 in respect of the annexed land are transferred to and become payable to the Town of Innisfail together with any lawful penalties and costs levied in respect of the those taxes, and the Town of Innisfail upon collecting those taxes, penalties and costs must pay them to Red Deer County, and
(c) the assessor for the Town of Innisfail must assess, for the purpose of taxation in 2002, the annexed land and the assessable improvements to it,
and makes the Order in Appendix C.
For Information only
Recommended by: Minister of Municipal Affairs
Authority: Municipal Government Act
(sections 125 and 138)
ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION TWENTY-EIGHT (28), TOWNSHIP THIRTY-FIVE (35), RANGE TWENTY-EIGHT (28), WEST OF THE FOURTH MERIDIAN LYING WEST OF THE WESTERLY LIMITS OF ROAD PLAN 4805NY.
THE NORTHEAST QUARTER OF SECTION TWENTY-NINE (29), TOWNSHIP THIRTY-FIVE (35), RANGE TWENTY-EIGHT (28), WEST OF THE FOURTH MERIDIAN EXCEPTING THEREOUT PLAN 0124685.
ALL INTERVENING ROAD ALLOWANCES, ROAD PLAN RIGHTS-OF-WAY, UTILITY PLAN RIGHTS-OF-WAY AND WATER BODIES OR PORTIONS OF WATER BODIES LYING WITHIN NORTHWEST QUARTER OF SECTION TWENTY-EIGHT (28) AND THE NORTHEAST QUARTER OF SECTION TWENTY-NINE (29), ALL WITHIN TOWNSHIP THIRTY-FIVE (35), RANGE TWENTY-EIGHT (28), WEST OF THE FOURTH MERIDIAN
APPENDIX C
ORDER
1 In this Order, “annexed land” means the land described in Appendix A and shown on the sketch in Appendix B.
2 For taxation purposes in 2002 and later years, the annexed land and the assessable improvements to it
(a) must be assessed by the Town of Innisfail on the same basis as if they had remained in Red Deer County, and
(b) must be taxed by the Town of Innisfail in respect of each assessment class that applies to the annexed land and the assessable improvements to it using the tax rate established by Red Deer County for the year 2001.
3(1) Where, in any taxation year, a portion of the annexed land
(a) becomes a new parcel of land created as a result of subdivision or separation of title by registered plan of subdivision or by instrument or any other method that occurs at the request of, or on behalf of, the landowner,
(b) becomes a residual portion of 16 hectares or less after a new parcel referred to in clause (a) has been created,
(c) is redesignated at the request of or on behalf of the landowner under the Town of Innisfail Land Use Bylaw to another designation, or
(d) is connected to the water or sanitary sewer services provided by the Town of Innisfail,
section 2 ceases to apply at the end of that taxation year in respect of that portion of the annexed land and the assessable improvements to it.
(2) Notwithstanding subsection (1)(a), section 2 does not cease to apply
(a) in respect of a portion of the annexed land that has been or is to be subdivided from the annexed land, where subdivision approval was granted by Red Deer County before the effective date of this Order, and
(b) in respect of an existing farmstead that is subdivided from a previously unsubdivided quarter section of the annexed land.
(3) Notwithstanding subsection (1)(c), section 2 does not cease to apply in respect of a portion of the annexed land that is redesignated under the Town of Innisfail Land Use Bylaw to the designation “Reserved for Future Development Land Use District”.
4 After section 2 ceases to apply to a portion of the annexed land in a taxation year, that portion of the annexed land and the assessable improvements to it must be assessed and taxed for the purposes of property taxes in that year in the same manner as other property of the same assessment class in the Town of Innisfail is assessed and taxed.
5(1) In this section, “compensation amount” means the amount of taxes payable to Red Deer County under Part 10 of the Municipal Government Act in respect of the annexed land for the 2002 taxation year.
(2) The Town of Innisfail must pay to Red Deer County
(a) 100% of the compensation amount on or before July 31, 2002,
(b) 80% of the compensation amount on or before July 31, 2003,
(c) 60% of the compensation amount on or before July 31, 2004,
(d) 40% of the compensation amount on or before July 31, 2005, and
(e) 20% of the compensation amount on or before July 31, 2006.
6(1) Any application for subdivision filed with Red Deer County before December 31, 2001 must be decided by Red Deer County.
(2) An appeal from a decision made by Red Deer County pursuant to subsection (1) must be made to the Red Deer County Subdivision and Development Appeal Board unless there is authority under section 678(2)(a) of the Municipal Government Act to make the appeal to the Municipal Government Board.