1984 BILL 64 Second Session, 20th Legislature, 33 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 64 MUNICIPAL DISTRICT OF CYPRESS NO. 1 INCORPORATION ACT MR. HYLAND First Reading Second Reading Committee of the Whole Third Reading Royal Assent

Bill 64 Mr. Hyland BILL 64 1984 MUNICIPAL DISTRICT OF CYPRESS NO. 1 INCORPORATION ACT (Assented to . 1984) TABLE OF CONTENTS

Definitions Creation of Municipality Change in status Public highways Assessment and taxation Transitional Coming into force

Schedule

Definitions Creation of Municipality HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as follows: 1 In this Act, (a) "council" means the council of the MunicipaUty; (b) "Minister" means the Minister of Municipal Affairs; (c) "Municipality" means The Municipal District of Cypress No. 1. 2(1) The reeve and counciUors and aU other electors within that part of Alberta described in the Schedide are a corporation with the name "The Municipal District of Cypress No. 1".

(2) Except as provided in this Act, the Municipality is a municipal district for aU purposes as though it had been formed by an order of the Lieutenant Govemor in Council under the Municipal Govern­ ment Act.

(3) This Act applies to the Municipality notwithstanding anything in the Local Authorities Election Act, Municipal Government Act, Mu­ nicipal Taxation Act or any other Act or law relating to municipali­ ties.

(4) Nothing in this Act shall be construed as precluding the annexa­ tion of land to, or the removal of land from, the Municipality, or a change of corporate status ofthe Municipality.

Change in status 3(1) In subscctions (2)(

c) and (3), "ministerial order" means an order of the Minister made pursuant to any Act or regulation that appUes to or relates to Improvement District No. 1.

(2) When this Act comes into force, (

a) Improvement District No. 1 is dissolved; (

b) each employee of the Govemment employed in Improve­ ment District No. 1 whose salary is paid from money referred to in

section 10(1) ofthe Improvement Districts Act continues as an employee ofthe MunicipaUty untd the councd otherwise directs; (

c) subject to subsection (3), a ministerial order in effect in Im­ provement District No. 1 immediately before the commence­ ment of this Act continues to be in effect in the Municipality as though it were a by-law of the councd, untd the council, by by­ law, provides that the ministerial order ceases to be in effect in the Municipality; (

d) subject to subsection (3), any agreement entered into by the Minister that relates to Improvement District No. 1 is binding on the Municipality, as far as practicable, as though the Munici­ paUty had replaced the Minister as a party to the agreement; (

e) all taxes due to the Minister in respect of Improvement Dis­ trict No. 1 shaU be deemed to be arrears of taxes due to the Municipality and may be collected and dealt with by the Munic­ ipality as if it had imposed the taxes; (

f) subject to the Limitation of Actions Act, aU rights of action and actions by or against the Crown in right of Alberta may be continued or maintained by or against the Municipality if the cause of action arose in Improvement District No. 1 and relates to the administration by the Minister of any municipal matter relating solely to the improvement district; (

g) all assets, Uabdities, whether arising under a debenture or otherwise, rights, duties, functions and obligations ofthe Minister in respect of Improvement District No. 1 are vested in the Mu­ nicipality and may be dealt with in its own name; (

h) a reference to Improvement District No. 1 or to the Minister or the Crown in respect of Improvement District No. 1 in any order, regulation, by-law, certificate of title, agreement or other instmment shaU be deemed to be a reference to the Municipality.

(3) The Minister may, by order, exempt any ministerial order from the operation of subsection (2)(

c) or any agreement from the opera­ tion of subsection (2)(d).

(4) If a question arises as to whether (

a) a right of action or action is one to which subsection (2)(0 appUes, or (

b) an asset, Uabdity, right, duty, function or obligation is one to wldch subsection (2)(

g) appUes, the Minister shaU decide the question.

(5) The Lieutenant Govemor in Council may direct that any land in the Municipality under the administration ofthe Minister and owned by the Crown in right of Alberta be transferred by way of gift to the Mimicipality. PubUc highways 4(1) With rcspcct to roads in the Municipality, (

a) from the commencement ofthis Act until April 1, 1986 or an earlier date that may be agreed to by the councd and the Minister, the Minister of Transportation has the direction, control and management of those roads, and (

b) on and after April 1, 1986, or the date agreed to by the coun­ cil and the Minister under clause (a), as the case may be, the councd has the direction, control and management of those roads, other than primary highways as defined in the Public Highways Development Act.

(2) The council and the Minister of Transportation may enter into agreements in relation to constmction and maintenance of any roads within the Municipality. Assessment and taxation Transitional Coming into force 5(1) Notwithstanding

section 27 ofthe Municipal Taxation Act, for the purpose of taxation in 1985, the councd shaU adopt the assessed values ofthe property within the Municipality as made in 1984 by the assessor for Improvement District No. 1.

(2) Subject to

section 34 of the Municipal Taxation Act, the council shall continue to use the values adopted under subsection (1) untd a general assessment is carried out in the Mimicipality. 6 The persons appointed to the Advisory CouncU for Improvement District No. 1 by order ofthe Minister dated November 19, 1983 shall be deemed to be the council ofthe Municipality until a new council is elected under the Local Authorities Election Act. 7 This Act comes into force on January 1, 1985.

SCHEDULE THE MUNICIPAL DISTRICT OF CYPRESS NO. 1 Area as of January 1,1985. Commencing at the southeast comer of township 1, range 1, west of the 4th Meridian; then westerly along the south boundary of town­ ship 1 to the intersection of the west boundary of range 5; then northerly along the west boundary of range 5 to the intersection of the northwest comer of

section 19 of township 3; then easterly along the northwest comer of

section 19 and its production to the west boundary of range 4; then northerly along the west boundary of range 4 to the intersection of the northwest comer of township 6; then westerly along the south boundary of township 7 to the southeast comer of

section I of township 7; then northerly along the southeast comer of

section 1 and its production to the intersection ofthe north­ west comer of

section 36; then westerly along the north boundary of township 7 to the intersection ofthe southwest comer of

section 3 of township 8; then northerly along the southwest comer of

section 3 and its production to the intersection of the northwest comer of

section 22; then westerly along the northwest comer of

section 22 and its production to the intersection of the southwest comer of

section 28 of township 8, range 6; then northerly along the southwest comer of

section 28 to the northwest comer ofthe southwest quarter of

section 28; then easterly to the northwest comer of the southeast quarter of

section 28; then northerly to the northwest comer of the northeast quarter of

section 28; then westerly to the southwest comer of

section 33; then northerly along the southwest comer of

section 33 and its production to the intersection of the northwest comer of

section 9 of township 9; then westerly along the northwest comer of

section 9 and its production to the intersection ofthe west boundary of range 6; then northerly along the west boundary of range 6 to the intersection of the south boundary of township 10; then westerly along the south boundary of township 10 to the intersection ofthe southeast comer of the southwest quarter of

section 2, range 8; then northerly from the southeast comer of the southwest quarter of sec­ tion 2 and its production to the intersection ofthe south bank ofthe South Saskatchewan River, then foUow the southem bank of the South Saskatchewan River to the intersection ofthe west bank ofthe Bow River, then foUow the Bow River north to the intersection with the north boundary of township 13, range 13; then easterly along the north boundary of township 13 to the intersection ofthe west bound­ ary of range 10; then northerly along the west boundary of range 10 to the intersection ofthe northwest comer of

section 18 of township 20; then easterly from the northwest comer of

section 18 and its production to the intersection of the east boundary of range 3; then southerly along the east boundary of range 3 to the intersection of the south bank of the South Saskatchewan River, then foUow the South Saskatchewan River north to the intersection of the east boundary of range 1; then southerly along the east boundary of range 1 to the point of commencement. Title: 1984 (20th, 2nd) Bill 64, Municipal District of Cypress No. 1 Incorporation Act