O.C. 115/2015

March 27, 2015


            The Lieutenant Governor in Council orders that

            (a)        effective January 1, 2015, the land described in Appendix A and shown on the sketch in Appendix B is separated from Leduc County and annexed to the Town of Devon,

 

            (b)        any taxes owing to Leduc County at the end of December 31, 2014 in respect of the annexed land are transferred to and become payable to the Town of Devon together with any lawful penalties and costs levied in respect of those taxes and the Town of Devon upon collecting those taxes, penalties and costs must pay them to Leduc County,

 

            (c)        for the purposes of taxation in 2015,

 

                        (i)         the assessor for Leduc County must assess the annexed land and the assessable improvements to it on the same basis as if they had remained within Leduc County, and

 

                        (ii)        the Town of Devon must tax the annexed land and the assessable improvements to it using the municipal tax rate established by Leduc County for property of the same assessment class,

 

            (d)        subject to clause (b), taxes payable in 2015 in respect of the annexed land and the assessable improvements to it are to be paid to and retained by the Town of Devon, and

 

            (e)        the assessor for the Town of Devon must assess, for the purposes of taxation in 2016 and subsequent years, the annexed land and the assessable improvements to it, in accordance with the order in Appendix C,

 

            and makes the Order in Appendix C.

 

 

               For Information only

 

Recommended by:          Minister of Municipal Affairs

Authority:                           Municipal Government Act
                                             (sections 126 and 138)


 

APPENDIX A

 

 

DETAILED DESCRIPTION OF THE LANDS SEPARATED FROM LEDUC COUNTY AND ANNEXED TO THE TOWN OF DEVON

 

ALL THAT PORTION OF THE SOUTH WEST QUARTER OF SECTION THIRTY FIVE (35), TOWNSHIP FIFTY (50), RANGE TWENTY SIX (26), WEST OF THE FOURTH MERIDIAN LYING TO THE SOUTH WEST OF THE RIGHT BANK OF THE NORTH SASKATCHEWAN RIVER.

 

THE NORTH WEST QUARTER OF SECTION TWENTY SIX (26), TOWNSHIP FIFTY (50), RANGE TWENTY SIX (26), WEST OF THE FOURTH MERIDIAN.

 

ALL THAT PORTION OF THE NORTH EAST QUARTER OF SECTION TWENTY SIX (26), TOWNSHIP FIFTY (50), RANGE TWENTY SIX (26), WEST OF THE FOURTH MERIDIAN WHICH LIES TO THE WEST OF THE MIDDLE THREAD OF AN UNNAMED CREEK RUNNING THROUGH THE SAID QUARTER SECTION THE SAID MIDDLE THREAD INTERSECTION THE SOUTH BOUNDARY OF THE SAID QUARTER SECTION EIGHTEEN HUNDRED AND EIGHTY ONE (1881) FEET MORE OR LESS EASTERLY FROM THE SOUTH WEST CORNER THEREOF AND INTERSECTING THE NORTH BOUNDARY THEREOF THREE HUNDRED AND NINETY SIX (396) FEET MORE OR LESS EASTERLY FROM THE NORTH WEST CORNER THEREOF AS DESCRIBED IN CERTIFICATE OF TITLE NUMBER 882 309 351.

 

ALL THAT PORTION OF THE SOUTH HALF OF SECTION TWENTY SIX (26), TOWNSHIP FIFTY (50), RANGE TWENTY SIX (26) WEST OF THE FOURTH MERIDIAN EXCEPTING THEREOUT THE ROAD ALLOWANCE LYING ON THE SOUTH SIDE OF SAID HALF SECTION AND EXCLUDING ROAD PLAN 8022514.


 

APPENDIX B

 

 

A SKETCH SHOWING THE GENERAL LOCATION OF THE AREAS ANNEXED TO THE TOWN OF DEVON

 

                Legend

                                                Existing Town of Devon Boundary

Annexation Area

 


 

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 the purposes of taxation in 2016 and subsequent years up to and including

December 31, 2029,

            (a)    the annexed land and the assessable improvements to it must be assessed by          the Town of Devon on the same basis as if they had remained within Leduc          County, and

            (b)    the annexed land and the assessable improvements to it must be taxed by the          Town of Devon using the municipal tax rate established by Leduc County   for property of the same assessment class.

3          Where, in any taxation year, 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 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 re-designated, at the request of or on behalf of the landowner,
under the Town of Devon’s Land Use Bylaw to another designation, or

 

               (c)    is connected, at the request of or on behalf of the landowner, to the Town of Devon’s water and sewer services,

 

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.

4       After section 2 ceases to apply to the annexed land or a portion of it, the annexed land or portion and the assessable improvements to it must be assessed and taxed for the purposes of property taxes in the following year in the same manner as other property of the same assessment class in the Town of Devon is assessed and taxed.

5       In 2015 and subsequent years up to and including 2024, the Town of Devon must, on or before July 31 of each year, pay compensation to Leduc County in the amount of eighteen thousand and seventy-one dollars and thirty-eight cents ($18,071.38).