O.C. 15/2020

January 28, 2020


            The Lieutenant Governor in Council makes the Order Annexing Land from Foothills County to the Town of Black Diamond set out in the attached Appendix.

                For Information only

Recommended by:          Minister of Municipal Affairs

Authority:                             Municipal Government Act
                                                (sections 125 and 138)


 

APPENDIX

Municipal Government Act

ORDER ANNEXING LAND FROM FOOTHILLS COUNTY
TO THE TOWN OF BLACK DIAMOND

1   In this Order, “annexed land” means the land described in Schedule 1 and shown on the sketch in Schedule 2.

2   Effective January 1, 2020, the land described in Schedule 1 and shown on the sketch in Schedule 2 is separated from Foothills County and annexed to the Town of Black Diamond.

3   Any taxes owing to Foothills County at the end of December 31, 2019 in respect of the annexed land and any assessable improvements to it are transferred to and become payable to the Town of Black Diamond together with any lawful penalties and costs levied in respect of those taxes, and the Town of Black Diamond on collecting those taxes, penalties and costs must pay them to Foothills County.

4   For the purpose of taxation in 2020 and in each subsequent year up to and including 2044, the annexed land and assessable improvements to it, excluding linear property,

            (a)        must be assessed on the same basis as if they had remained in Foothills County, and

            (b)        must be taxed by the Town of Black Diamond in respect of each assessment class that applies to the annexed land and the assessable improvements to it using the tax rate established by Foothills County for property of the same assessment class,

and if Foothills County offers its taxpayers a discount for prepayment of property tax for any of those years, the Town of Black Diamond must offer the Town’s taxpayers the same discount for prepayment of property tax on the annexed land and any improvements to it.

 

5   Where in 2020 or any subsequent taxation year up to and including 2044 a portion of the annexed land

            (a)        becomes a new parcel of land created

                        (i)         as a result of subdivision,

                        (ii)        as a result of separation of the title by registered plan of subdivision, or

                        (iii)       by instrument or any other method that occurs at the request of, or on behalf of, the landowner,

            (b)        is redesignated, at the request of or on behalf of the landowner, under the Town of Black Diamond’s land use bylaw to another designation, or

            (c)        is connected, at the request of or on behalf of the landowner, to water or sanitary sewer services provided by the Town of Black Diamond,

section 4 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.

 

6   After section 4 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 the same manner as other property of the same assessment class in the Town of Black Diamond is assessed and taxed.

 

7   For the purpose of taxation in 2021 and subsequent years, the assessor for the Town of Black Diamond must assess the annexed land and the assessable improvements to it.

 

8   The Town of Black Diamond shall pay Foothills County

            (a)        $22,154 on or before April 1, 2020,

            (b)        $22,154 on or before April 1, 2021,

            (c)        $22,154 on or before April 1, 2022,

            (d)       $22,154 on or before April 1, 2023, and

            (e)        $22,154 on or before April 1, 2024.

Schedule 1

DETAILED DESCRIPTION OF THE LANDS SEPARATED
FROM FOOTHILLS COUNTY AND ANNEXED
TO THE TOWN OF BLACK DIAMOND

ALL THAT PORTION OF THE NORTHEAST QUARTER OF SECTION NINE (9), TOWNSHIP TWENTY (20), RANGE TWO (2) WEST OF THE FIFTH (5) MERIDIAN LYING SOUTH OF THE NORTHERN BOUNDARY OF THE EAST-WEST ROAD ALLOWANCE ADJACENT TO THE NORTHERN BOUNDARY OF SAID QUARTER SECTION AND EXCLUDING ALL THAT PORTION OF THE LAND LYING NORTH OF A LINE DESCRIBED AS FOLLOWS:

                        COMMENCING AT THE INTERSECTION OF THE NORTHERN BOUNDARY OF THE EAST-WEST ROAD ALLOWANCE ON THE NORTH SIDE OF THE NORTHEAST QUARTER OF SECTION NINE (9), TOWNSHIP TWENTY (20), RANGE TWO (2) WEST OF THE FIFTH (5) MERIDIAN AND THE EASTERN BOUNDARY OF THE SOUTHEAST QUARTER OF SECTION SIXTEEN (16), TOWNSHIP TWENTY (20), RANGE TWO (2) WEST OF THE FIFTH (5) MERIDIAN;

                        THEN PROCEEDING WEST ALONG THE NORTHERN BOUNDARY OF SAID EAST-WEST ROAD ALLOWANCE TO ITS INTERSECTION WITH THE SOUTHERN BOUNDARY OF PLAN 901 0969;

                        THEN PROCEEDING WEST ALONG THE SOUTHERN BOUNDARY OF PLAN 901 0969 TO THE POINT WHERE PLAN 901 0969 INTERSECTS THE WESTERN BOUNDARY OF PLAN 901 1745;

                        THEN PROJECTING TO THE POINT WHERE PLAN 901 0969 MEETS THE WESTERN BOUNDARY OF PLAN 901 1745 AND CONTINUING WEST TO THE WESTERN BOUNDARY OF THE NORTHEAST QUARTER OF SECTION NINE (9), TOWNSHIP TWENTY (20), RANGE TWO (2) WEST OF THE FIFTH (5) MERIDIAN.

ALL THAT PORTION OF THE SOUTH HALF OF SECTION NINE (9), TOWNSHIP TWENTY (20), RANGE TWO (2) WEST OF THE FIFTH (5) MERIDIAN AND EXCLUDING SUBDIVISION PLAN 941 1282.

ALL THAT PORTION OF THE NORTHEAST QUARTER OF SECTION FIVE (5), TOWNSHIP TWENTY (20), RANGE FIVE (5) WEST OF THE FIFTH (5) MERIDIAN EXCLUDING ALL THAT LAND LYING EAST OF THE WESTERN BOUNDARY OF PLAN 001 1044.

ALL THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION EIGHT (8), TOWNSHIP TWENTY (20), RANGE TWO (2) WEST OF THE FIFTH (5) MERIDIAN NOT WITHIN THE TOWN OF BLACK DIAMOND.

ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION EIGHT (8), TOWNSHIP TWENTY (20), RANGE TWO (2) WEST OF THE FIFTH (5) MERIDIAN LYING SOUTH OF THE SOUTHERN BOUNDARY OF PLAN 3814 JK EXCLUDING THAT PORTION OF THE NORTH-SOUTH ROAD ALLOWANCE ADJACENT TO THE WEST SIDE OF SAID QUARTER SECTION LYING NORTH OF THE PROJECTION WEST OF THE POINT WHERE THE EAST BOUNDARY OF THE NORTH-SOUTH ROAD ADJACENT TO THE WEST SIDE OF SAID QUARTER INTERSECTS THE SOUTHERN BOUNDARY OF PLAN 3814 JK AND EXCLUDING ALL THAT PORTION OF THE NORTH-SOUTH ROAD ALLOWANCE ADJACENT TO THE WEST SIDE OF SAID QUARTER SECTION WITHIN THE TOWN OF TURNER VALLEY. 

THAT PORTION OF THE NORTHWEST QUARTER OF SECTION EIGHT (8), TOWNSHIP TWENTY (20), RANGE TWO (2) WEST OF THE FIFTH (5) MERIDIAN LYING SOUTH OF THE SOUTH BRANCH OF THE SHEEP RIVER AS SHOWN ON THE TOWNSHIP PLAN DATED 15 AUGUST 1906.

THAT PORTION OF THE NORTHEAST QUARTER OF SECTION EIGHT (8), TOWNSHIP TWENTY (20), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN NOT WITHIN THE TOWN OF BLACK DIAMOND EXCLUDING THOSE LANDS LYING WEST OF THE EAST BANK OF THE SHEEP RIVER AND NORTH OF THE SOUTHERN BOUNDARY OF HIGHWAY 22.


 

Schedule 2

A SKETCH SHOWING THE GENERAL LOCATION OF THE AREAS
SEPARATED FROM FOOTHILLS COUNTY AND ANNEXED
TO THE TOWN OF BLACK DIAMOND

Legend

       Existing Town of Black Diamond Boundaries

        Annexed Land