The Alberta Gazette PART 1 _______________________________________________________________________ Vol. 94 EDMONTON, WEDNESDAY, JULY 15, 1998 No. 13 _______________________________________________________________________ APPOINTMENTS JUSTICE OF THE PEACE ACT Justice of the Peace Appointed June 17, 1998 Carswell, Christine May Wyton, Dawna Faye _______________________________________________________________________ RESIGNATIONS AND RETIREMENTS JUSTICE OF THE PEACE ACT Resignation of Justice of the Peace May 31, 1998 Russell, Jacqueline Lois, of Cardston _______________________________________________________________________ ORDERS IN COUNCIL MUNICIPAL GOVERNMENT ACT O.C. 205/98 Approved and ordered: H.A. “Bud” Olson Lieutenant Governor. Edmonton, May 20, 1998 The Lieutenant Governor in Council changes the name of the Municipal District of Starland No. 47 to Starland County. Ralph Klein, Chair. THE ALBERTA GAZETTE, PART I, JULY 15, 1998 MUNICIPAL GOVERNMENT ACT O.C. 222/98 Approved and ordered: H.A. “Bud” Olson Lieutenant Governor. Edmonton, June 3, 1998 The Lieutenant Governor in Council (a) dissolves The Village of Evansburg, (b) directs that the area of The Village of Evansburg becomes part of The Municipal District of Yellowhead No. 94, and (c) makes the order in the Schedule, effective at the end of June 30, 1998. Ralph Klein, Chair. SCHEDULE 1 In this Schedule, (a) “Evansburg” means The Village of Evansburg; (b) “former area of Evansburg” means the area of Evansburg before its dissolution; (c) “receiving municipality” means The Municipal District of Yellowhead No. 94. 2 The former area of Evansburg is part of ward one of the receiving municipality until the receiving municipality passes a bylaw pursuant to section 148 of the Municipal Government Act that provides otherwise. 3 All assets, liabilities, whether arising from under a debenture or otherwise, rights, duties, functions and obligations of Evansburg are vested in the receiving municipality and may be dealt with in the name of the receiving municipality. 4 Bylaws and resolutions of Evansburg continue to apply within the former area of Evansburg until the bylaws or resolutions are repealed, amended or replaced by the council of the receiving municipality. 5 A reference to Evansburg in any order, regulation, bylaw, certificate of title, agreement or any other instrument is deemed to be a reference to the receiving municipality. 6(1) The receiving municipality must take (a) money received from Evansburg at its dissolution, and (b) if the receiving municipality sells, on or before December 31, 2001, any of the assets vested in it under section 3, money received from the sale of those assets, and deposit it in a capital reserve fund established by the receiving municipality. (2) The amounts referred to in subsection (1) in the capital reserve fund may only be used 1298 THE ALBERTA GAZETTE, PART I, JULY 15, 1998 (a) to pay or reduce any liability transferred to the receiving municipality from Evansburg at its dissolution, or (b) for capital projects within the former area of Evansburg. _______________________________________________________________________ MUNICIPAL GOVERNMENT ACT O.C. 252/98 Approved and ordered: H.A. “Bud” Olson Lieutenant Governor. Edmonton, June 17, 1998 The Lieutenant Governor in Council (a) separates the land described in Schedule 2 from the Municipal District of Bonnyville No. 87, (b) forms a municipal district having the name “Lakeland County” that is composed of the land described in Schedule 2, and (c) makes the order in Schedule 1, effective July 1, 1998. Ralph Klein, Chair. SCHEDULE 1 Definitions 1 In this Schedule, (a) “Bonnyville” means the Municipal District of Bonnyville No. 87; and (b) “Minister” means the Minister of Municipal Affairs. Transitional Provisions 2 Bylaws and resolutions of Bonnyville that apply to the territory in Lakeland County continue until the bylaws or resolutions are repealed, amended or replaced by Lakeland County council. 3 A reference to any land described in Schedule 2 in any order, regulation, bylaw, resolution, certificate of title, agreement or other instrument is deemed to be a reference to Lakeland County. 4 An agreement between Bonnyville and any party that relates to the territory described in Schedule 2 is binding on Lakeland County, as though Lakeland County replaced Bonnyville as a party to the agreement. 5 The assessment of property prepared for Bonnyville for the purposes of taxation in 1998 applies to the territory described in Schedule 2 and is the assessment of Lakeland County and must be used by Lakeland County for the 1998 taxation year. 6 Any complaint to the Bonnyville Assessment Review Board that relates to the territory described in Schedule 2 must be heard by the Assessment Review Board of Lakeland County. 7 Lakeland County must send out its assessment notices for the 1998 taxation year. 1299 THE ALBERTA GAZETTE, PART I, JULY 15, 1998 8 (1) The Bonnyville employees of record who are identified by Bonnyville council as being employed in the territory described in Schedule 2 and who are available for work as of July 1, 1998 are employees of Lakeland County without additional notice of termination or offer of employment. (2) All associated liabilities related to those employees are transferred to Lakeland County including accrued vacation entitlement, overtime and accumulated sick leave benefits, with recognition of current service for benefit entitlement purposes. 9 Bonnyville must ensure that financial statements are prepared and audited for the six months ending June 30, 1998. 10 (1) In this section, (a) “interim period” means the period beginning January 1, 1998 and ending on June 30, 1998; (b) “unallocated expenditures and revenues” means the expenditures and revenues of Bonnyville that were incurred or earned during the interim period that have not been allocated under subsection (4) or (5). (2) Bonnyville must transfer to Lakeland County an amount equivalent to 68% of the total operating reserves, capital reserves and accumulated surplus identified in Bonnyville’s 1997 annual audited financial statements as adjusted by the following subsections. (3) The amount under subsection (2) is to be adjusted in accordance with the following principles: (a) if, under this section, an amount is allocated as an expenditure in respect of the territory described in Schedule 2, the amount is subtracted from the amount to be transferred under subsection (2); (b) if, under this section, an amount is allocated as revenue in respect of the territory described in Schedule 2, the amount is added to the amount to be transferred under subsection (2). (4) The amount to be transferred under subsection (2) is adjusted by reducing the amount to be transferred by the amount of any Alberta School Foundation Fund or other requisitions paid by Bonnyville during the period beginning January 1, 1998 and ending on the date of this order in respect of the assessment of property in the territory described in Schedule 2. (5) The amount to be transferred under subsection (2) is adjusted in respect of any expenditures incurred or revenues earned during the interim period that are identified by resolution of the council of Bonnyville prior to July 1, 1998 as being expenditures or revenues in respect of the territory described in Schedule 2. (6) Prior to August 15, 1998, the councils of Bonnyville and Lakeland County must both make their best efforts to allocate any unallocated expenditures and revenues and the amount to be transferred under subsection (2) is adjusted based on the agreed allocation. (7) If the councils have not reached agreement under subsection (6) in respect of all or some of the unallocated expenditures or revenues, the Minister may determine the allocation and the amount to be transferred under subsection (2) is adjusted based on that allocation. 1300 THE ALBERTA GAZETTE, PART I, JULY 15, 1998 (8) If the councils have not reached agreement under subsection (6) in respect of an unallocated expenditure or revenue and the Minister has indicated that the Minister is not going to determine the allocation of that expenditure or revenue under subsection (7), 68% of the unallocated expenditure or revenue, as the case may be, is allocated to the territory described in Schedule 2 and the amount under subsection (2) is adjusted based on that allocation. 11 (1) The amount transferred to Lakeland County under section 10 may be in the form of cash or any of the following items: receivables, inventories, investments, prepaid items, accounts payable, accrued and deposit liabilities and deferred revenues. (2) The value of the items referred to in subsection (1) for the purpose of transferring the amount to Lakeland County under section 10 is the book value of those items as determined by the audited financial statements referred to in section 9. 12 Bonnyville must transfer an amount equivalent to 68% of the cash on hand and temporary investments as of July 1, 1998 or $5,000,000, whichever is less, to Lakeland County on or before July 3, 1998 as an interim payment for the amount to be transferred under section 10. 13 Bonnyville must pay to Lakeland County any interest earned on the difference on the amount transferred under section 10 and the amount paid in section 12 from July 1, 1998 until the final amount to be transferred is made. 14 Bonnyville must pay to Lakeland County 68% of the transportation transitional funding payments made after June 30, 1998 in respect of 1998 and 1999 provided by Alberta Transportation and Utilities under the Agreement for Transfer of Road Authority. 15 Bonnyville must pay to Lakeland County 68% of the Revenue Sharing Agreement funds for 1998 and 1999 provided by the Regional Municipality of Wood Buffalo, as provided for in Order in Council 817/94, Schedule 1, section 12(3). 16 Payment under sections 14 and 15 must be made no later than 5 working days after the funds are received by Bonnyville. 17 Lakeland County will be responsible to pay the quarterly installments of any further Alberta School Foundation Fund and other requisitions that relate to the assessment in the territory described in Schedule 2 from the date of this order.