O.C. 431/2004

September 22, 2004

The Lieutenant Governor in Council orders that

(a) effective July 1, 2004, the land described in Appendix A and shown on the sketch in Appendix B is separated from the Municipal District of Rocky View No. 44 and annexed to the Town of Cochrane,

(b) any taxes owing to the Municipal District of Rocky View No. 44 at the end of June 30, 2004 in respect of the annexed land are transferred to and become payable to the Town of Cochrane together with any lawful penalties and costs levied in respect of those taxes, and the Town of Cochrane upon collecting those taxes, penalties and costs must pay them to the Municipal District of Rocky View No. 44, and

(c) the assessor for the Town of Cochrane must assess, for the purpose of taxation in 2005 and subsequent years, 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)

APPENDIX A

DETAILED DESCRIPTION OF THE LANDS SEPARATED FROM THE MUNICIPAL DISTRICT OF ROCKY VIEW NO. 44 AND ANNEXED TO THE TOWN OF COCHRANE

ALL THOSE PORTIONS OF THE SOUTHEAST QUARTER OF SECTION THIRTY-SIX (36), TOWNSHIP TWENTY-FIVE (25), RANGE FOUR (4), WEST OF THE FIFTH MERIDIAN LYING WEST OF THE RIGHT BANK OF THE BOW RIVER

ALL THOSE PORTIONS OF THE NORTH ONE-HALF OF SECTION TWENTY-FIVE (25), TOWNSHIP TWENTY-FIVE (25), RANGE FOUR (4), WEST OF THE FIFTH MERIDIAN LYING WEST OF THE RIGHT BANK OF THE BOW RIVER

THE SOUTHWEST QUARTER OF SECTION TWENTY-FIVE (25), TOWNSHIP TWENTY-FIVE (25), RANGE FOUR (4), WEST OF THE FIFTH MERIDIAN INCLUDING ALL ADJACENT ROAD ALLOWANCES AND INTERSECTIONS

THE SOUTHEAST QUARTER AND THE WEST ONE-HALF OF SECTION TWENTY-SIX (26), TOWNSHIP TWENTY-FIVE (25), RANGE FOUR (4), WEST OF THE FIFTH MERIDIAN INCLUDING ALL INTERVENING AND ADJACENT ROADS, ROAD ALLOWANCES, HIGHWAYS AND INTERSECTIONS

SECTION TWENTY-SEVEN (27), TOWNSHIP TWENTY-FIVE (25), RANGE FOUR (4), WEST OF THE FIFTH MERIDIAN INCLUDING ALL INTERVENING AND ADJACENT ROADS, ROAD ALLOWANCES, HIGHWAYS AND INTERSECTIONS

ALL THOSE PORTIONS OF SECTION THIRTY-FOUR (34), TOWNSHIP TWENTY-FIVE (25), RANGE FOUR (4), WEST OF THE FIFTH MERIDIAN LYING SOUTH AND WEST OF THE LEFT BANK OF THE BOW RIVER, INCLUDING THE BOW RIVER AND ALL INTERVENING AND ADJACENT ROADS, ROAD ALLOWANCES, HIGHWAYS AND INTERSECTIONS

ALL THAT PORTION OF THE NORTHEAST QUARTER OF SECTION THIRTY-THREE (33), TOWNSHIP TWENTY-FIVE (25), RANGE FOUR (4), WEST OF THE FIFTH MERIDIAN LYING EAST OF TOWERS TRAIL, INCLUDING ALL INTERVENING AND ADJACENT ROADS, ROAD ALLOWANCES, HIGHWAYS AND INTERSECTIONS

ALL THOSE PORTIONS OF THE NORTH ONE-HALF OF SECTION THIRTY-THREE (33), TOWNSHIP TWENTY-FIVE (25), RANGE FOUR (4), WEST OF THE FIFTH MERIDIAN LYING NORTH AND WEST OF PLAN 0013255, INCLUDING ALL ADJACENT AND INTERVENING ROADS, ROAD ALLOWANCES, HIGHWAYS AND INTERSECTIONS

ALL THOSE PORTIONS OF THE NORTHEAST QUARTER OF SECTION FIVE (5), TOWNSHIP TWENTY-SIX (26), RANGE FOUR (4), WEST OF THE FIFTH MERIDIAN LYING NORTH OF THE RIGHT BANK OF THE BOW RIVER, INCLUDING THE BOW RIVER, THE CANADIAN PACIFIC RAILWAY RIGHT-OF-WAY AND ALL ADJACENT AND INTERVENING ROADS, ROAD ALLOWANCES, HIGHWAYS AND INTERSECTIONS

ALL THOSE PORTIONS OF THE SOUTH ONE-HALF OF SECTION FOUR (4), TOWNSHIP TWENTY-SIX (26), RANGE FOUR (4), WEST OF THE FIFTH MERIDIAN LYING SOUTH OF ROAD PLAN 467LK

ALL THAT PORTION OF SECTION NINE (9), TOWNSHIP TWENTY-SIX (26), RANGE FOUR (4), WEST OF THE FIFTH MERIDIAN LYING NORTH OF THE HIGHWAY 1A RIGHT-OF-WAY, INCLUDING ALL ADJACENT AND INTERVENING ROADS, ROAD ALLOWANCES, HIGHWAYS AND INTERSECTIONS

ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION THREE (3), TOWNSHIP TWENTY-SIX (26), RANGE FOUR (4), WEST OF THE FIFTH MERIDIAN LYING NORTH OF THE HIGHWAY 1A RIGHT-OF-WAY, INCLUDING ALL ADJACENT AND INTERVENING ROADS, ROAD ALLOWANCES, HIGHWAYS AND INTERSECTIONS

SECTION TEN (10), TOWNSHIP TWENTY-SIX (26), RANGE FOUR (4), WEST OF THE FIFTH MERIDIAN, INCLUDING ALL ADJACENT AND INTERVENING ROADS, ROAD ALLOWANCES, HIGHWAYS AND INTERSECTIONS

THE WEST ONE-HALF OF SECTION ELEVEN (11), TOWNSHIP TWENTY-SIX (26), RANGE FOUR (4), WEST OF THE FIFTH MERIDIAN LYING NORTH OF RANCHE ROAD PLAN 646BM, INCLUDING ALL ADJACENT AND INTERVENING ROADS, ROAD ALLOWANCES, HIGHWAYS AND INTERSECTIONS BUT EXCLUDING RANCHE ROAD PLAN 646BM

THE WEST ONE-HALF OF SECTION FOURTEEN (14), TOWNSHIP TWENTY-SIX (26), RANGE FOUR (4), WEST OF THE FIFTH MERIDIAN LYING SOUTH OF PLAN 1364LK, INCLUDING ALL ADJACENT AND INTERVENING ROADS, ROAD ALLOWANCES, HIGHWAYS AND INTERSECTIONS

THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION FIFTEEN (15) LYING EAST OF THE WESTERLY RIGHT-OF-WAY OF HIGHWAY 22, INCLUDING ALL ADJACENT AND INTERVENING ROADS, ROAD ALLOWANCES, HIGHWAYS AND INTERSECTIONS

APPENDIX B

A SKETCH SHOWING THE GENERAL LOCATION OF THE AREAS

ANNEXED TO THE TOWN OF COCHRANE

AREAS ANNEXED TO THE TOWN OF COCHRANE

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 Subject to section 3, for taxation purposes in 2005 and later years up to and including 2019, the annexed land and the assessable improvements to it

(a) must be assessed by the Town of Cochrane on the same basis as if they had remained in the Municipal District of Rocky View No. 44, and

(b) must be taxed by the Town of Cochrane in respect of each assessment class that applies to the annexed land and the assessable improvements to it using the municipal tax rate established by the Municipal District of Rocky View No. 44.

3(1) Section 2 ceases to apply to a portion of the annexed land and the assessable improvements to it in the taxation year immediately following the taxation year in which

(a) the portion 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) the portion is redesignated, at the request of or on behalf of the landowner, under the Town of Cochrane Land Use Bylaw to a designation other than agricultural, country residential or urban reserve,

(c) the portion is the subject of a local improvement project described in a local improvement by-law initiated by or with the support of the landowner pursuant to which the Town of Cochrane water and sewer services are made available to the land, or

(d) the portion is connected to the water or sanitary sewer services provided by the Town of Cochrane.

(2) Notwithstanding subsection (1)(a), section 2 does not cease to apply in respect of

(a) an existing farmstead within the annexed land,

(b) one lot that is subdivided from a previously unsubdivided quarter section of the annexed land, or

(c) any portion of the annexed land and the assessable improvements to it that are transferred from the landowner to a child of the landowner.

4 Section 2 continues to apply to the annexed land and the assessable improvements to it up to and including the year 2024 if

(a) the person who was the landowner of the annexed land on December 16, 2002, or a person who inherits the annexed land or any portion of it from the landowner subsequent to that date, continues to own the land until 2024, and

(b) none of the situations described in section 3(1) occur.

5 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 Cochrane is assessed and taxed.

6 Not later than 6 months after the date this Order in Council is signed by the Lieutenant Governor in Council, the Municipal District of Rocky View No. 44 shall transfer to the Town of Cochrane all its interest in that portion of the northeast quarter of section 5, township 26, range 4, west of the fifth meridian that is contained within the limits of an island in the Bow River as shown on the Township Plan approved at Ottawa on August 22, 1892, containing 3 acres more or less.

7(1) The Town of Cochrane shall pay to the Municipal District of Rocky View No. 44 the sum of $208 000 in Canadian money, as follows:

(a) $50 000 not later than 30 days after the date this Order in Council is signed by the Lieutenant Governor in Council;

(b) $50 000 not later than one year after the date this Order in Council is signed by the Lieutenant Governor in Council;

(c) $108 000 in accordance with subclause (i) or (ii), as follows:

(i) not later than 30 days after the date this Order in Council is signed by the Lieutenant Governor in Council, or

(ii) not later than 7 years after the date this Order in Council is signed by the Lieutenant Governor in Council.

(2) Where the Town of Cochrane elects to make the payment required under subsection (1)(c) in accordance with subclause (ii),

(a) the first payment must be made within 30 days of the date the Order in Council is signed by the Lieutenant Governor in Council, and

(b) annual payments must be made on or before the anniversary of the first payment and must include interest calculated at the rate and in the manner used by the Alberta Capital Finance Authority.