MUNICIPALITY OF CROWSNEST PASS

Transcription

1 ' MUNICIPALITY OF CROWSNEST PASS Order No IN THE MATTER OF THE "Municipal Government Act": File No. 60(A)9 c AND IN THE HATTER OF an applicftion by the Council of the Hunicipality of Crowsnest Pase, in the Province of Alberta, to annex certain territory lying inmediately adjacent $hereto and thereby its separation from Improvement District No. 6. Pursuant to Section 20 of the Municipal Government Act, the Council of the' Hunicipality of Crowsnest Pass, in the Province of Alberta, petitioned the Local Authorities Board for the Province of Alberta, for the annexation to the Municipality of all that territory described in Schedule "B" attached hereto, (hereinafter called "the said territory"), which lies immediately adjacent to the Wunicipality of Crowsnest Pass, and thereby its eeparation from Improvement District No. 6, and in respect to which the Board held a public hearing into the matter on April 27, Representing the Municipality of Crowsnest Pass were Hayor J. Irwin, Councillor G. Hakin, and J. Kapalks, Hunicipal Administrator. R. Hoffmueller, an Assessor with Alberta Hunicipal Affairs, acted in an advisory capacity. B. DyCk, Hanager, and Councillor H. Davis appeared on behalf of Improvement District No. 6. W. HcIntyre, Planner, appeared on behalf of the Oldman River Regional Plahning Conmiss ion. J. Calicia, owner, and D. Lewis, the holder of grazing leases within the said territory, were present and made a submission. Consolidation Coal Company of Canada, represented by B. Gay and R. Ford, employee8 of the company, and Scurry-Rainbow Oil Limited, represented by S. Stafanowski, Geologist, made 8ubdssions respecting their coal mining interests in the said territory. A. Walkey, an employee of the Crowsnest Pase Economic Development Board, made a rubmiseion in support of the application and pointed out the region's potential. I18

2 THE ALBERTA GAZETTE. JANUARY x4 09 JcLouary 1, l a the five coal mining cornunities of Hillcrest, Bellevue, Frank, Blairmore, and Coleman, together with part of Improvement District No. 5, including thirteen Hamlets, were amalgamated to form the Municipality o+ Crowsnest Pass:, While originally it was proposed that the Municipality would contain 78 square miles, the actual boundaries comprise 52 square miles, or 60 square miles with the road allowances included. Located along the valley of the Crowsnest River, which provides the most southern pass through the Canadian Rocky Mountains, the cornunities of the Municipality of Crowsnest Pass originated from the region's coal developments in the early 1900's. The topography of the area is mountainous, with the urban communities located in the flood plains of the river, or benches above. Streams, from the mountain headwaters, cut through the bench areas to the Crowsnest River. From the bench area, the land slopes steeply up the mountain sides. In the past, the economy of the region has been based upon the development of,the area's coal deposits. The local economy has fluctuated according to the world demand for coal and currently, difficulty in marketing this product is being experienced. However, the immediate region still has large deposits of 'high grade and metallurgical coals and, as demand increases, these deposits may.be developed. - The Municipality of Crowsnest Pass has attempted to diversify its economy. Operating within the Municipality's jurisdiction are a gas processing plant, sawmill and cable manufacturing company. The full potential of the region's tourism industry is yet to be realized. Tourism would be enhanced by the area becoming a centre for recreation and by improvements to Highways Nos. 3 and 22. The Uunicipality's population has, in recent years, remained stable with a pop,ulation of 7,340 persons for the years 1978 to 1981, increasing to 7,577 pereons in 1982 for an average yearly growth rate of 0.65 per cent. The work force that is not empaoyed locally commutes to work in the British Columbia coal mines. A large percentage of the population is made up of people who (have retired, some of whom have moved to the Municipality from other areas. Originally, each of the five main communities that made up the Municipality of Crowsnest Pass operated their own water and sanitary sewer systems, many of which are now at capacity. These utilities are now in need of upgrading, enlarging and rationalization to serve all urban developments in the Hunicipality. This is particularly true of the need for sanitary sewage treatment facilities. The said territory, containing some 7, hectares, is mainly made up of whole sections of Crown owned land, the majority of which io located to the north of the Municipality of Crowsnest Pass, with a one section parcel in the southeast and a two section parcel in the southwest. For purposes of dmciptign, the said terr itory has ken divided into areas --F_el-.ICc numbered from 1 t- and described as follows: Area I - SECTION TWENTY-SEVEN (271, TOWNSHIP SEVEN (71, RANGE FOUR (41, WEST OF THE FIFTH MERIDIAN Area 2 - A mountainous area lying south of Blairmore and containing a portion of the Municipal Ski Hill. The Municipality plans to expand its ski facilities into Area 1, when feasible. SECTIONS SEVENTEEN (171, EIGHTEEN (181, NINETEEN (191, TWENTY (201, TWENTY-NINE (29), THIRTY (30). THIRTY-ONE (31) and THIRTY-TWO (321, ALL WITHIN TOWNSHIP EIG T (, RANGE THREE (31, WEST OF THE FIFTH MERIDIAN. p??y.>..*+-- A mountain and valley area lying northeast of Frank (east half of Upper Gold Creek Valley), containing a portion of the Livingstone Mountain Range as well as the Lille Historic Site (North Half of Section 18). 1 I9

3 - - Area 3 - Area 4 - Area 5 THE ALBERTA GAZETTE. JANUARY 31, 1984 * SECTIONS THIRTEEN (13). FOURTEEN (14) NINETEEN (19), TWENTY (20) a TWENTY-ONE (211, TWENTY-TWO (221, TWENTY-THREE (231, TUENTY-FOUR (24), TWENTY-FIVE (25), TWENTY-SIX (261, AND THIRTY-SIX (361, ALL WITHIN TOWNSHIP EIGHT (81, RANGE FOUR (41, WEST OF THE FIFTH MERIDIAN / A mountain and valley area lying north of Blainnore (west half of Upper Gold Creek Valley) and containing the inactive Grassy Mountain mine site. Both Areas 2 and 3 are used for cattle grazing. Areas 2 and 3 are outside of the BorCrow Forest Reserve and contain nineteen sect ions. These areas were originally recommended for inclusion by the Crowsnest Pass Amalgamation Study, but for various reasons were excluded in the January 1979 armrlgamation. NORTH HALF OF SECTXON FOUR (41, NORTH HALF OF SECTION FIVE (51, NORTH HALF OF SECTION SIX (61, SECTIONS SEVENTEEN (171, TWENTY (20), TWENTY-ONE (21), TWENTY-TWO (22), TWENTY-THREE (231, TWENTY-FOUR (24) AND TWENTY-SEVEN (271, ALL WITHIN TOWSHIP EIGHT (e), RANGE FIVE (S), WEST OF THE FIFTH MERIDIAN. Area 4 is contained in two parcels, the larger being to the northwest of the Municipality of Crowsnest Pass, and the second in the southwest. The north parcel contains a number of emall holdings and is serviced by the Municipality. ALL THAT PORTION OF SECTIONS EIGHTEEN (18) AND NIHeTEEN (19), TOWNSHIP EIGHT (81, RANGE FIVE (51, WEST OF THE FIFTH MERIDUN LYING EASTERLY OF THE ALBERTA/BRITISH COLUMBIA BOUNDARY. Within Areas 4 and 5 lie a motel unit adjacent to Highway 3 and the communicdtion systems lying within Phillips Pass. The wert boundary of Area 5 is formed by the Alberta/British Columbia boundary. These areas were recommended for inclusion by the Crowsnest Pass Amalgamation Study. Area 6 - Areas 2, 3, 4 and 5 will be crossed by the proposed TraneAlta Utilities 500 KV power transmission line when built. The first three also contain a gas pipeline. NORTH HALF OF SECTION ONE (11, TOWNSHIP EIGHT (81, RANGE SIX (61, WEST OF THE FIFTH MERIDIAN. This area is mountain side on the south shore of Island Lake and is the extreme western portion of the said territory. The Municipality of Crowsneet Pass submitted that it now provided municipal, health, educational and other services to Areas 2, 3 and especially to Area 4, which contains small holdings, and that these areas should be contributing to the cost of these services. The representatives of the Municipality of Crowsnest Pass explained that the said territory was not required for urban development but the proposal is an attempt to consolidate within a single municipality all forme of human activity in the area that has, or may have %n the future, an impact upon the community. By annexing the said territory now the Uunicipality could "... facilitate orderly recreational, comercia1 and industrial development and control throughout the areas in question and (the) Municipality as a whole." Further, as the Xunicipality is now working on a General Land U8e Plan and if annexation of the said territory is achieved, it could be included in the planning process. I20

4 THE ALBERTA GAZETTE. JANUARY 3 I The Municipality of Crowsnest Pass does not, as yet, have a General Municipal Plan, but has completed a number of studies. The Oldman River Regional Planning Commission in its study "Problems of Development in the Crowsnest Pasel' points out: "As the only pass through the Rockies in Southwestern Alberta, the Crowsnest Pass performs a vital function as a transportation and utility corridor. It now contains a railway, a highway, a gas pipeline and two major power lines. These facilities have already pre-empted some of the most developable land in the vicinity of the existing comunities. Still more land is threatened by a new four lane highway and a new power line..." The Advisory Council to Improvement District No. 6 passed the'following motion: ' "MOTION 3:4:83 STREETER/DAVIS that The I.D. 86 Advisory Council object to annexation of the fifteen sections adjacent to the northeast boundary of the Uunicipality (Sections 17, 18, 19, 20, 29, 30, 31, 32; Twp. 8, Rge. 3 W 5, and Sections 13, 14, 23, 24, 25, 26, 36; Twp. 8, Rge. 4 W 5) and the two and one-half sections north of the Uunicigal boundary and east of Nez Perc (sic) Creek (east half of See. 20; Sece. 21 and 22; Twp. 8, Rge. 4 W 51, for the following reasons: 1.,The Crowsnest Pass Municipality has failed to demonstrate a need for this land. 2. If this land is annexed, the present agricultural uses on it would soon disappear as an urban tax load would be unaffordable to agricultural landholders. CARRIED" It was. pointed out that Improvement District No. 6 has a Land Use Order which covers the said territory and the Improvement District submitted that it is capable of exercising development control over the said territory, including the development of coal mines. The recreational potential of the said territory would not be changed with a transfer of jurisdiction. Further, while the Uunicipality of Crowsne,st Pass is providing municipal oervices in some areas, this did not apply to all the said territory. I- The portions that Improvement District No. 6 specifically objected to are Area 2 and all of Area 3, with the exception of Sections Nineteen (19) and the West Half of Section Twenty (20) where the Net Perce Creek is located. All of Area 2 and the western portion of Area 3 are used for corcalf grazing, on which it was estimated a total of 460 pairs pastured on graring leases. It was submitted that the agricultural lands would be squeezed out if brought within the urban jurisdiction and that this agricultural base would be lost. The Oldman River Regional Planning Commission did not take a position on the matter. Ownere of leasehold interests in the said territory expressed their concerns. J. Kerr and L. Uargetak were concerned about increased taxation. J. and G.A. Calicia had a small cattle operation consisting of 50 pairs which they did not wish in an urban municipality. D. Lewir grazed some 100 cattle on lands he leased from the Crown and opposed the annexation of these lands into the Municipality of Crowsnest Pass. With the exception of Sections Nineteen (191, Twenty (20) and Twenty-one (21) in Range Four (4). Township Eight (81, West of the Fifth Meridian, Consolidation Coal Company holds the coal mining rights to all of Areas 2 and 3 and strongly opposed their annexation to the Uunicipality of Crowsnest Pass. Concern was expressed about the possibility of increased taxes, additional regulations, restrictive zoning policies, and the possibility of future "anti-deve lopment counc i Is". Scurry-Rainbow Oil Limited also holds coal mineral rights within the said territory and opposed the application.

5 Refetence was made to Sections 70, 71 and 72 of the Coal Conservation Regulations (Alberta Regulation 270/81) which prohibits the mining of coal within 400 metres of an urban municipality "...without the prior approval of the appropriate planning authority and the written permission of the Board." An indemnity bond would also have to be deposited and plans of the workings submitted. Alberta Environment, in a letter to the Board dated April 25, 1983, made the following comments: "The Department has no major concerns with the proposed annexation of white and green zone lands. It is apparent from our review of the various annexation areas that the municipality is attempting to gain control of guest ranches, country residential subdivisions, and other development which depends on the Municipality of Crowsnest Pass for services. The Department is satisfied that any future coal mine development that might be proposed by Consolidated Coal/Scurry Rainbow (sic) in the Grassy Mountain area north of Blainnore, will not be subject to any less control under our Land Surface Conservation and Reclamation Act as a result of annexation.'* In a letter to the Board dated April 26, 1983, Alberta Energy and Natural Resources advised as follo.ws: "This Department has no concerns with the annexation prop'osal provided our mandate in the management of Crown lands, including lands in the Rocky Hountains Forest Reserve, is maintained. The Municipality of Crowenest Pass should be advised to discuss with this Department any future plane they may have for any annexed Crown lands." No comments were made on the proposed annexation by Alberta Agriculture. Alberta Transportation, by correspondence to the Board dated Harch 9, 1983, advised the following:."prom a transportation management and operation point of view, the Department has no objection to this application. However, the municipality should be prepared to accept the responsibility for maintaining and upgrading the local roads within the proposed annexation area which would come under the jurisdiction of the municipality if the proposed annexation proceeds. Highway 3 and Secondary Road 940 (proposed Kananaskis Highway) within the municipality will reatain under the direction, control and management of the Department." The Board, having considered all the evidence presented to it at the hearing, has reached the following conclusions: 1. That the Hunicipality of Crowsnest Pass is not only unique in its setting but also in that its population, development and economy is primarily based on the local coal extraction industry. As the coal industry goes, 80 has gone the area. While the potential for further coal developuents remains, the possibility for the near and medium term is obscure. While tourism can be expected to take on a signifi-cant role, it will not replace mining. Accordingly, growth in population and development will probably remain at low rates. 2. That the application to annex the said territory is an attempt to rationalize the boundaries of the Xunicipality of Crowsnest Pass in relation to the region by bringing into its jurisdiction those lands that now, or may, have a direct impact upon the community. As such, Areas 1, 4, 5 and 6 should be annexed to the Hunicipality, as well as Section Nineteen (19) and the West Half of Section Twenty (20) in the west portion of Area 3. I22

6 .* - THE ALBERTA GAZETTE. JANUARY That the remaining lands of Area 3 and all of Area 2 are mainly subject to gracing and coal mining leases from the Crown, With limited assessment, and with few other potential benefits to the Municipality of Crowsneat Pass, it is believed that the Municipality's objectives my be obtained by development of a joint municipal plan with Improvement District No. 6 pursuant to the Planning Act, and by the use of Section 114 of the Municipal Government Act. 4. That the application by the Municipality of Crowsnest Pass petitioning to annex to the said Municipality all the said territory and thereby its ' separation from Improvement District No. 6 should be GRANTED IN PART. THEREFORE, subject to the Lieutenant Governor in Council approving this Order, or prescribing conditions that the Order is subject to and approving tlie Order subject to those - conditions, or varying the Order and approving the Order as varied, IT IS ORDERED AS FOLLOa I T h ~ ~ ~~~~~~,~~~~~~ ~ ~ ~ in ~ the Yrovince of Alberta, and tliereirpon E e separated from Improvement ~ District No. 6 the territory described and set forth in Schedule "C" A attached here to. (A sketch -rhowing the general location of the annexed lands is attached as Schedule "A".) XI. - That any taxes owing to the Improvement District No. 6 as at December 31, 1983, in respect of the aforenentioned properties shall transfer to and become payable to tlie Municipality of Crowsnest Pasr together with any lawful penalties and costs levied thereon in rerpeht of any such taxes; however, upon tli'e Municipality of Crowsncst Pass collecting any or all of such taxes, pennltics or costs, such collection shall forthwith bewpeid by the ttunicipality to Improvement District No. 6. III. IV. That the assessor for the Elunicipality of Crowsnest Pass shall, for taxation purposea in the year 1984, reassess the annexed lands and assersable improvements thereon, which ere by this Order annexed to the Municipality so that the assessment thereof shall be fair and equitable with other lands and assessable improvements insthe Municipality of Crowsnest Pass, and the provisions OE the Municipal Taxation Act regarding the assessment roll shall mutatis mutandis apply to such asserrmen t. That the Chief Provincial Assessor, appointed pursuant to the provisions of the Hunicipalities Assessment and Equalization Act, rhall for taxation or grant purposes conunencing in the year 1984, reassess or revalue, as the case may be, all properties that are assessable or subject to valuation under the terms of the Electric Power and Pipe Line Assessment Act and the Municipal and Provincial Properties Valuation Act, and which lie within the areas that are by this Order annexed to the Municipality of Crowsnest Pas8, so that the assessment or valuation shall be fair and equitable with propertier of a similar nature. V. That the effective date of this Order is the First (1st) day of January, DATED and signed at the City of Edmonton, in the Province of Albert., Nineteenth day of May, this LOCAL AUTHORITIES BOARD (SGD.) C. I. SHEUEY, CilA 1 RHAN CERTl FI ED A TRUE COPY: &-J SECRETARY (SGD.) J.A. HAHMNG, HEHBER I23

7 8 1 L THE ALBERTA GAZETTE. JANUARY x4 * d o SCHEDULE A S%,EJICH SHOWING THE GENERAL LOCATION OF THE AREAS AFFECTED BY BOARD ORDER No EFFECTIVE DATE: JANUARY 1,1984 II A I1 ::u::l::::::::l::l:j::::;~ i!:::::l::::::::::::::::::: AFFECTED AREA(S) I 24

8 : 5 THE ALBERTA GAZEhE. JANUARY 3 I d 1.. s 1 It, c SCHEDULE "B" DETAILED DESCRIPTION OF THE TERRITORY SOUGHT FOR ANNEXATION BY THE MUNICIPALITY OF CROW - 2$v 3. 2 I/ 4. Y 5. J 6../ 7. SECTIONS SEVENTEEN (17), EIGHTEEN (18), NINETEEN (19) 8 TWENTY (20) TWENTY-NINE (291, THIRTY (301, THIRTY-ONE (311, AND THIRTY-TUO (32) ALL WITHIN TOWNSHIP EIGHT (81, RANGE THREE (31, WEST OF THE FIFTH MERIDIAN. SECTIONS THIRTEEN (13), FOURTEEN (14), NINETEEN (19), TWENTY (20), TWENTY-ONE (211, TWENTY-TWO (22), TWENTY-THREE (23), TWENTY-FOUR (241, TWENTY-FIVE (25), TWENTY-SIX (26), AND THIRTY-SIX (361, ALL WITHIN TOWNSHIP EIGHT (81, RANGE FOUR (41, WEST OF THE FIFTH MERIDIAN. NORTH HALF OF SECTION FOUR (41, NORTH HALF OF SECTION FIVE (S), NORTH HALF OF SECTION SIX (61, SECTIONS SEVENTEEN (171, TWENTY (201, "ENTY-ONE (21), TWENTY-TWO (22), TWENTY-THREE (23), TWENTY-FOUR (24) AND TWENTY-SEVEN (27), ALL WITHIN TOWNSHIP EIGHT (8) D RANGE FIVE (5) WEST OF THE FIFTH XERIDIAN. ALL THAT PORTION OF SECTIONS EIGHTEEN (18) AND NINETEEN (191, TOWNSHIP EIGHT (8) RANGE FIVE (51, WEST OF THE FIFTH MERIDIAN LYING EASTERLY OF THE ALBERTA/BRITISH COLUMBIA BOUNDARY. NORTH HALF OF SECTION ONE (11, TOWNSHIP EIGHT (81, RANGE SIX (6) WEST OF THE FIFTH MERIDIAN. ALL WVERNMENT ROAD ALLOWANCES AND COVERNHENT ROAD ALLOWANCE INTERSECTIONS PNTERVENING AND ADJOINING THE ABOVE DESCRIBED TERRITORY. THE ABOVE DESCRIBED TERRITORY CONTAINS SEVEN THOUSAND FIVE HUNDRED SEVENTY-FIVE AND SEVENTY-ONE HUNDREDTHS (7,575.71) BCTAXES, (18,720 ACRES), MORE OR LESS. 1. taa-s%w- SECTION TWENTY-SEVEN THE FIFTH MERIDIAN. dvr**,**r ***M*'.'. kw.+ I 6 *" e- -. 1' j t u w w l s ~ ~ ~ ~. - ~ l ( ~, ~ ~, ~ ~ ~ ~ ~ ~ * ~ ~ : ~ ~ ~. ~ ~ q,, * ~ * i SCHEDULE "C" L/ 4 1 DETAILED DESCRIPTION OF TERRITORY e TO THE tlunicipality OF CROUSNEST PASS (27), TOWNSHIP SEVEN (7), RANGE FOUR (4), WEST OF SECTION NINETEEN (19) AND THE WEST HALF OF SECTION TWENTY (20) ALL WITHIN TOWNSHIP EIGHT (8), RANGE FOUR (4), WEST OF THE FIFTH MERIDIAN. NORTH HALF OF SECTION FOUR (41, NORTH HALF OF SECTION FIVE (5), NORTH HALF OF SECTION SIX (a), SECTIONS SEVENTEEN (171, TWENTY (201, TWENTY-ONE (211, TWENTY-TWO (221, TWENTY-THREE (231, TWENTY-FOUR (24) AND TWENTY-SEVEN (27). ALL WITHIN TOWNSHIP EIGHT (8). W E FIVE (5), WEST OF THE FIFTH PlERIDIAN. ALL THAT PORTION OF SECTIONS EIGHTEEN (18) AND NINETEEN (19), TOWNSHIP EIGHT (8) IUNCE FIVE (5), WEST OF THE FIFTH MERIDIAN LYING EASTERLY OE THE ALBERTA/BRITISH COLUMBIA BOUNDARY. 5. NORTH HALF OF SECTION ONE (11, TOWNSHIP EIGHT (81, W E THE FIFTH MERIDIAN. SIX (6) WEST OF 6. ALL GOVERNMENT ROAD ALLOWANCES AND GOVERNMENT ROAD ALLOWANCE INTERSECTIONS INTERVENING AND ADJOINING THE ABOVE DESCRIBED TERRITORY. THE ABOVE DESCRIBED TERRITORY CONTAINS THREE TWENTY-THREE HUNDREDTHS (3,043.23) HECTARES, THOUSAND FORTY-THREE AND (7,520 ACRES), MORE OR LESS. 125