Incormorated a s a V i 1 lege

M.O. #359 Jnn. 6 , .1965' Jan. 1 5 , 1965 P. 92 a Effect ive Jan . 1, 1065 !

Incorporated a s a Town

8 3 . 4 ! p. 1013, O.C. O&/66 May 16, 1966 May 31, 1966

Effect ive June lst, 1966 i.

Annexation !LAB#9991. Nov. 4 , 1977 - O . C . 66/78 Effective Jan. 1 , 1978

Annexation LAB #11833 June 14/79 O . C . 678/79 Effective July 1/79 Annexation LAB #17525 O . C . 678/85 Effective Dec. 31/85

#Ah c x 4.7 Z d Y

D c . y / 9 / E/=/ J U # , ~ 3 0 / 9 /

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August 31/79 D - 7867 f f.

(October 31/85 p . -~ 3443 !. f

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._ .. . . . __-__ - -- .-. .-- - ----. .-- -. , , . . - .GAZETTE Jm-W?Y , 1 5 8 3765. , , 'M,o; No, 35j

' DEPARTMENT OF MUNICIPAL AFFAIRS . .

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' ' MINISTERIAL ORDER ': , . . .

. . , . . INCORPORATION OF.THE VILLAGE OF: CANMORE

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' . . ,Whereas, the undersigned being sa'tisfiecl..that all requirements with respect to the incarporation of a Vill.age, .under the provisions of The Town and Village Act b+ng Chapter 338 of the Revised Statutes of Alberta, 1955, and amendments thereto, have been substantially complied

I with, it is hereby ordered'that the area described hereunder namely: 'In range. 10, west of the fifth meridian, in township 24, the north-west

'. quarter of section 28, that, part of the north-east quarter of section 29 lying north and east of the Bow River, that part of section 31 lying nprth and east O€ the Bow River,-that part of section 32 lying north and east of the Bow River and west of the west boundary of the Trans-Canada Highway, that part of section 33 lying south and west of the west bound- ary of the Trans-Canada Highway; in township 25, that part of the south half of section 5 lying west of the west boundary.of the Trans-Canada Highway, that part of the south-east quarter' of section G lying east of the Bow River;

Be and it is hereby withdiawn from Improveinent, District No. 48 and erected into a Village to be known as the Village of Canmore.

It is further ordered that a nomination meeting for the first election sf .council be held between the hours of eleven o'clock in the forenoon

1 ' , and' twelve o'clock noon on Wednesday, January 20, 1965, for the purpose ' of receiving names of candidates for thc officc of councillor. . . . .

I t is further ordered that if an election is necessary, the polling day ' . shall be ,Wecliiesday, February 10, 19G5 and that the election shall be

conducted in accordance with the provisions of tho aforementioned Town , ,

I t is furtlicr.ordered that the first meeting of t1ie.ncw c.ounci1 shall , '

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. . ' , : and Village Act in that behalf. . .

, ' ' ' 'be held gn Wednesday, February 17, 1965. . . . _ '

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. It'is further ordercd under the authority granted'the undcrsiined by . ., section 17'of the Department of Municipal ,Affairs Act, being Chapter 210

bq and is hcreby appointed officiul administrator of the Vilihgc from ' its crection on&!.!!~~J.J&i&, to t!!e first nicoting of the ncw council and.

arrengemcnts for the election ordered abovc. . ':

.This order sllall be effective as on and from the iirst day of January,

. . . Assassment Equalization Board, under the provisions of the Mirait$pxTiti'os

. Assessment and Equalizatian Board Act being Chapter G l of the Statutes, ,of Alberta, 1957, .in which rase this order is effective as OP the thirty-firgt:' day of Doecmbei:, lg134..

W e d 'at . Edmonton; in the Province of Alberta, this 6th day of ' . '

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, ' , . . . of the Rcvised Statutes o f Alberta, 1955, that Lconoi-d Lawroncc Gikrel . . .

. . . . - .that he shall have full ,powor and authority to make thc necessary. .

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: 1908, except that Ior,the purpose o P certificate8 as required by the Albqrta . . . .

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,' January, 19G5. . . . .

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. . . . :, . .Minister of Municipal Affairs,:' ''

. . . . . . . . . . . . . . . . A. J, HOOICE, . . ' ', ...-- 4 -...-.-._.-. ..-. - . L . . ..-.__.. :_ .--- _.. -- --*.. --._- -.. . . . . . . . . . . . . . . . ,. . . . . . . . . ,...

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11 L

I _ I ' ' O.C. 83V66

THE TOWN AND VILLAGE ACT

1 Approved and Ordered, 1 GRANTMacEWAN,

$ INCORPORATION OF VILLAGE OF CANMORE INTO A TOWN

J f ._ . Edmonton, Monday, May 16, 1966. , -L.- . The Executive Council has had under consideration the report of the 1-Honourable the Miruster of Municipal Affairs, dated May 13th 1956,

Lieutenant Governor.

BT .

' stating that: Whereas the Council of the Village of Canmore has petitioned to

have the Village incorporated into a Town; and j-'l* Whereas a meeting of the electors was,held on May 3rd, 1466, at

, which meeting a motion was passed to petition for the incorporation . k . of the Village into a Town; and : Whereas the Village af Canmore contains over seven hundred tinhabitants; and '"k Whereas the Secretary-Treasurer has furnished satisfactory proof :?f compliance with the provisions of The Town and Village Act, being , chapter 338 of the Revlsed Statutes of Alberta, 1955, with respect to , the formation of a town;

;-- Therefore, upon the recommendation of the Honourable the Minister ' o f Municlpal Affairs, the Ekecutwe Council advises that the request :)o form the Village of Canmore into a Town be acceded to, so that on ,and from the first day of June, 1966 the Village of Canmore shall be I,bown and designated as the town of Canmore and shall comprise the following lands:

P In range 10, west of the fifth meridian, in township 24, the ii. north-west quarter of section 28, that part of the north-east quarter

,+;. of section 29 lying north and east of the Bow River, that part of ,; section 31 lying north and east of the Bow River, that part of section

32 lying north and east of the Bow River and west of the west boundary of the Trans-Canada Highway, that part of section 33 lying -e).\ . south and west of the west boundary of the Trans-Canada Highway: ' m townshp 25, that part of the south half of section 5 lying west of the west boundary of the Trans-Canada Highway, that part of the south-east quarter of section 6 lying east of the Bow River.

1013

THE ALBERTA GAZETTE, MAY 31, 1966

The Executive Council lurther advises, upon the recommendation of the Honourable the Mmister of Municipal Affairs, that the present Coun- cil of the Village of Canmore shall be deemed to be the council of the Town of Canmore until the 24th day of October, 1966, and that the said council prepare for the election of a mayor and six councillors to take office on the 24th day of October, 1966, in accordance with the provisions of The Town and Village Act in that 'behalf, and that the term of o€€ice of the Mayor and councillors so elected shaLl be governed (by sections 43 and 102 of the aforementioned The Town and Village Act.

ERNEST C. MANNING (Chairman).

1

. . 4 . Local Auiharilics Ronrd . -

J .. ORDER No. 9991

Before:

the Province of Albcrta

FILE: 47(A) 1’+

In the matter of The Municipal Govern- ment Act: And in the matter of an application by the Council of the Town of Canmore, Alberta for anncxation of certain territory lying immediatcly adjacent thereto.

Pursuant to air application by the Council of the Town of Canmore, in the Province of Alberta, petitioning for the annexation of territory described in Schedule “B” attached to this Order, from Improvement District No. 8, the Board conducted a public hearing of the matter in the said Town on Tucsday, October 4, 1977.

The Town of Canmore was represented by Mayor L. Klutz and its Municipal Secre- tary, P. Remesoff.

The Advisory Council to Improvement District No. 8 was represented by W. Selbsteadt.

The Calgary Regional Planning Commission was represented by D. Flemming, G. Youde and 11. Konefat.

Property owners at the hearing who made representation weie H. R. Matt, Helen Musteca, 1. B. Kram and E. A. Scott. The largest property owner, Canmore Mines Ltd., was represented by D. Mitchell, who called certain witnesses on its behalf.

Within the territory applied for by annexation is the Hamlet of Canmore West, locally called “Minetown”. All the territory lies to the west and south of the Town of Canmore and the east boundary of the Bow River. The territory rises in a serics of plateaus from the Bow River up the mountain side.

Canmore Mines Ltd., the original owner of much of the territory, subdivided cer- tairi yroperiias out, which ii1 iclii‘l were :eased ic icikii1 peopk asstzia:id with the i i i i i ~ . The residential area was owncd hy Canmore Mines L’.!. until 1967 when individuals were permitted to purchase the parcel of land they were living upon. The Canmore Mines Ltd. provided utility servicing to these lands until recently when it was taken over by the Town of Canmore.

The Town of Canmore stated the Town required lands for residential purposes and because of the location of Highway No. 1 to the north and the available land in the Town being in the 100-year flood plain, it was necessary to expand south and west. The Town acts now as a residential community for certain industrics in the Bow Valley, with some commuting to Banff. Demands were being made as well for industrial lands and the Town was well situated to service future industrial and tourism businesses within the Bow Valley.

By adding the proposed territory, the Town of Canmore would take in the Hamlet of Canmore West with an estimated population of 600. It was a condition of its land purchase agreement with Canmore Mines Ltd. when acquiring lands for its sewage treat- ment plant, that the Town of Canmore purchase the Canmore West water and sewer systems. This meant providing water and sewer systems outside its boundaries and jurisdiction. In addition, it was pointed out that the hamlet and the town shared other facilities such as recreation, educational, cultural. health and protective facilities. If the proposed territory was annexed, the additional area could provide some 240 housing lots, which otherwise could not be subdivided or serviced.

The Advisory Council to lrnprovement District No. 8 opposed the annexation of Canmore West to.the Town of Canmore. This could mean an increase in industrial tax transfer benefits to the Town at the expense of the Improvement District. The Council argued that the Canmore mine site should also be included if annexation is approved.

The Calgary Regional Planning Commission saw the Town of Canmore as a growth centre and did not oppose annexation. It subinitted tkc main reason was because the Town of Caninore had to supply utilities to the Hamlct of Caninore West, and desired to have the facilities within its jurisdiction.

The Local Authorities Board for

673

1 .

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TllE ALBERTA GAZETTE, FEBllUAKY 28. 1978 , .’ ’

A submission signed by 109 property owners in Canmorc West opposing the application for anncxation of thcir respective lands to the Town of C m m o r e was reccived by the Iloard. This and thc oral submissions by property owncrs, contended that if thc annexation application was succcssful, they would IOOSC thc tax advantages they now had in lmprovcment District No. 8. Further, thcy submitted thc municipal services they would receive in exchange would be poorer and morc costly, resulting in increased taxes.

Canmore Mines Ltd., as a major property owner, supported the application for annexation by the Town of C m m o r e . At prcsent it had employces rcsiding on its lands, which because the lands were near to but not within a n urban municipality, could not be subdivitlcd. If anncxed to thc Town, it would subdivide these and other lands and ser- vice the siime, permitting those people to purchase the properties. I t was also pointed out that i t had plans to expand the mine with the hiring of approximately 250 additional workers. Bccause housing coulcl not be found within the present Town boundaries, it had found difficulty in recruiting workers. If its lands were annexed, it planned to subdivide and service a subdivision o n its lands at n o cost to the Town.

The Board having considered the evidence presented to it at the hearing, has reachcd the following conclusions:

1. That the Town of Canmore is unique in its setting, being in a position to service coal, limestone and other industrial activities within the Bow Valley corridor, and to . receive the benefits of its proximity to the Banff National Park and resulting tourism business. ,

2. That the Town of Canmore is and will remain a growth centre, requiring expan- sion beyond its current territory, to meet present and future needs for residential, industrial and business activities.

3. That the two sites of Canmore and Canmore West form a single community, socially as well as geographically, with the Bow River not dividing but unifying the two in a common valley, and the two should be united with a common local government.

4. That the total cofnmunity is economically best served by common utilities. recreational, educational, cultural, protective and health facilities.

. 5. That the additional territory requested in the application of the Town of Can- more will provide the required lands necessary for the residential development to mcet anticipated industrial development needs.

Subject to the approval of the Lieutenant Governor in Council, being first received, IT IS ORDERED:

I. That there be annexed to the Town of Canmore, in the Province of Alberta, and thereupon be separated from Improvement District No. 8, the tcrritory described in Schedule “B” attached hereto.

(A sketch showing thc general location of the annexed territory is attached as Schedule “A”.)

11. That any taxes owing to Improvement District No. 8 as at December 31, 1977, in respect of the aforementioned properties shall transfer to and becomc payable to the Town of Canmore together with any lawful penalties and costs levied thereon in respect of such taxes; however, upon the Town of Canmore collecting any o r all of such taxes, penalties or costs, such collcctions shall forthwith be paid by the Town to Improvement District No. 8.

111. That thc assessor for the Town of Canmore shall for taxation purposes in the year 1978, re-asseqs the annexed lands and assessable improvements thereon, which are by this Order annexed to the Town so that the assessment thereof shall be fair and equitable with other lands and assessable irnprovcmcnts in the Town of Canmore.

IV. That the Chief Provincial Assessor, appointed pursuant to the provisions of The Municipalities Assessmcnt and Equalization Act, shall for taxation o r grant purposes commcncing in the y c v 1978. re-assess o r re-value, as the CBSC may be, all properties that are assessable 0: subjcct to valuation under the terms of The Elcctric Power and Pipe Line Asscssment Act and The Municipal and Provincial Properties Valuation Act, and which lie within the areas that a rc by this Ordcr annexed to the Town of Canmore, so

614

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that thc assessmcnt or valuation shall be fair and equitable with properties of a similar nature. -;- 4 . . . .

V:That thc effective date of this Order shalt b d t h e 1st day of January, 1978. Dated and signed at the City of Edmonton. in the Province of Albcrta, this 4th day

LOCAL AUTHORITIES BOARD, D. A. BANCROFT, Cheirman,

T. J. LAUDER, Member, J. A. HAMMOND. Member.

Y e ,

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of November, 1977. Certified a t rue copy,

B. CLARK, Secretary.

S CH E D U L E "All

. A SKCTCH SHOWING T l l E G t N E R A L LOCATION OF T H E

AREAS AFFECTED BY BOARD ORDER NO. 9991

E r r c c r i v E DATE J A N U A R Y 1,1978

. 1-1 AFFECTED A R E A ( S ) .

615

4 I IC.:, T H E ALIIERTA GAZETTE, FEBRUARY 28, 1978

SCHEDULE “B”

a * * ”

A DETAILED DESCRIPTION OF TERRITORY SOUGHT FOR ANNEXATlON AND ANNEXED TO THE TOWN OF CANMORE, ALBERTA

All that portion of the south-east quarter of section 32, township 24, range IO, west of thc fifth meridian that is not within the present Town of Canmore limits.

All that portion of the north half of section 29, township 24, range 10, west of the fifth meridian that is not within the present Town of Canmore limits.

That portion of scction 29, township 24, range 10, west of the fifth meridian being the north half of the west half of legal subdivision 2, the east half of legal subdivision 6 , ’ the west half of legal subdivision 7, and the north half of thceast half of legal subdivision 7.

All that portion of the west half of section 32, township 24, range 10, west of the fifth nicridian that is not within the present Town of Canmore limits.

That portion of the south-east quarter of section 31, township 24, range 10, west of the fifth meridian which lies to the south and cast of Parcel “A”, Plan R.W. 542 and east of Road Plat7367 J . K . lying in the south-east quarter of legal subdivision 8, including that portion of P1an’R.W. 547 in legal subdivision 8.

That portion of the south-east quarter of section 31, township 24, range 10, west of the fifth meridian which lies to the south and east of Parcel “A”, Plan R.W. 542 and east of Road Plan 7367 J.K. of legal subdivision 1, including that portion of Plan R.W., 547 in legal subdivision 1.

That portion of the north-east quarter of section 30, township 24, range 10, west of ’ the fifth meridian which lies to the north and east of Road Plan 7367 J.K. arid being a por-

tion of legal subdivision 16, including that portion of Plan R.W. 547 of legal subdivision 16.

All of the area lying to the east of .he west bank of thc Bow River of the nor:h-eas; quarter nf sectinn 31, township 24, range IO, west of the fifth meridi3n.

All of the area lying to the east of the west bank of the Bow Kiver of the south-east quarter of section 6, township 25, range 10, west of the fifth meridian.

All government road allowances adjoining and intervening the above described lands.

U

THE MUNICIPAL GOVERNMENT ACT

( 0 . C . 66/78)

Approved and Ordered, W. A. McGILLIVRAY,

Administrator. Edmonton, January 18, 1978.

LOCAL AUTHORITIES BOARD ORDER NO. 9991 IN RE LANDS ANNEXED TO THE TOWN OF CANMORE

Upon the recommendation of the Honourable the Minister of Municipal Affairs, the Lieutenant Governor in Council, pursuant to section 20.1 of The Municipal Government Act, approves the Local Authorities Board Order No. 9991 dated November 4, 1977, annexing to the Town of Canmore certain territory, effective January 1. 1978. pursuant to the petition of the Council of the Town of Canmore.

DON R. GETTY (Acting Chairman)

Local Auihurilirb Board

Before: The Local Authorities Board for the Province of Alberta

In the matter of The Municipal Government Act.

And in the matter of an application by the Council of the Town of Caiiniore to annex certain territories lying immediately adjacent to the boundaries of the Town in Improvement District No. 8.

Pursuant to section 20 of The Municipal Government Act. an application wiis nixie by the Council of the Town of Canmore, in the Province of Alberta. for the annexation to the tiiwn all that territory described in Schedule "B" attached to this Ordcr. (hcrcinaftcr ciillcd "thc w d territory"), and thereby its separation from Improvement District No. 8. and in r e y c t to which the Board held a public hearing on April 4th. 1979.

Representing the Town of Canmore was Mayor P. Byrne.

Improvement District No. 8 was represented by H.W. Glidden. To present the position of the Calgary Regional Planning Conirniasion was staff nicmbcr B.

Owner, Canada Cement LaFarge Ltd.. was represented by G. Lanpford. The Town of Canmore is within that portion of the Bow River drainage basin called the

Canmore corridor. To its west is the Banff National Park. to the ea6t the Stoiiey Indian Rmerve. and on its north and south is the Forest Reserve. While thcre are other existing communities within the corridor, being associated with resource developnient (coal. liiiicstone. electric power), major expansion to these communities (Exshaw. Sccbc. Spray. Lac des Arcs and Harvic Heights) were limited because of either the lack of coniiiiunal utility service\ or of devclup;iblc land. Currently, the Town of Canmore IS the only iiiajor coiiimunily witli thc cdpdcity fur m i o r expansion. Presently it is the corridor's major service centre providing retail. municipal. protective, health and educational serviccs to residents of the area.

Factors influencing future growth with the Town of Canmore include the revival of thc coal industry and the growing demand for cement within Western Canada. Being in close proximity to Calgary, the Banff National Park and the Kananaskis Provincial Park. tourism and recreational growth have resulted in demand? for additional fmlitieu within the town. Further. federal policies restrict development within the Banff National Park. and may become even iiiorc restrictive, thus placing a demand on Canmore to receive additional pupulatioii and ilcvelopmcnt. This could increasc further the town's development as a "bedroom" community accommodating employees working within the Banff National Park and thc resource industries within the corridor.

Growth in population has been steady in the Town of Canmore. The 1975 population was 1,712 people; 1976 - 1.888 people; 1977 - 2,161 pcoplc and i n June 1978. 2.884 people. ur approxiniately a I O per cent yearly growth rate If this growth rate was to contiiitie. thc town may expect a population of 7,000 persons by the year 1987. Presently within the tou'n boundaries are suflicient residential lands to accomniodate approximately a further I .8SO persons. or at current growth rates, sufficient lands for 3 to 4 years of development.

The Town of Canmore's rapid growth, in thc past few years. has resulted in an even more rapid escalation in the prices of residential property. The town planned to I;ind bunk ii portion of the said territory. and to see it developed to provide. not only coinpetition. but also a twriety of land uses. including a mobile home housing developmcnt.

The Town of Caninore pointed out that it presently had littlc or no indu\trial land available for development (16 acres) and none for sale. The town wished to attract light industry and diversify its economy. I t saw the town as being the logical location tor local wrvice industries. because of constraints on the future growth of the Banff townsite and thc physical con6tr;iiiit~ o n the growth of hanilets within the comdor, in Improvenient District No. 8. Highway-commercial was proposed in the western portion of the said territory along Highway No. I .

The said territory, totalling 1,335 acres, including a small triangle to the west of Highway No. I in the north-east quarter of section 28, lies north and east of the east boundary of the Town of Canmore. Running in a north west direction from the south-east corner. and. in the iiiost part,

Hurlock.

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2863 -.

THE ALBERTA G A Z E T E . AUGUST 31. 1979 ,~ ~~~~~

parail'el'ing the town's boundary. is Highway No. I . The said territory is reliitively level along Highway No. I , but back, approximately one half mile, it rises steeply, to again level off to form bench lands. It was on these bench lands the town proposed to develop its residential subdivision.

While other areas existed to the south of the Town of Canmore. along the Bow River. they possessed limitations in access. a high water table. all were within a single ownership and there was the need for flood control devices on the river. To the west was the Banff National Park and the topography of the Bow Valley itself. imposed limitations on development. The Town of Canmore had had an engineering study done on the feasibility of servicing the said territory. I t emphasized the said territory as being the most economical and readily serviced. Eventually. the necessity was seen of a connection by an overpass -or fly-over. of Highway No. 1 . to connect the two portions of the town niore closely.

Access could now be gained by crossing over Highway No. I at the Harvie Heights subdivision to the north. and under Highway No. I . via Highway IA. at the south end.

The Town of Canmore saw its immediate nced as being for industrial lands. with residential lands being required in 3 to 4 years time. The need for highway-commercial lands was more of a long term requirement.

The Town of Canmore had capacity within its sanitary scwagc treatment plant (constructed in 1966), to'service a population of 16.000 people, although i t was acknowledged that. because of infiltration, a population level of 8.000 persons may be more realistic. Thc said territory could be serviced with gravity sewer lines. Water wa5 received froin the Rundle Mountain. whcre a storage reservoir had been constructed Because of its height. i t provided adequate pressure for the said territory, but a new line may be required. to permit sufficient volumes. A storage reservoir was proposed on thc said territory to handle peak demands.

The Board was inforined that lmprovemcnt District No. 8 did not object to the annexation of the said territory to the Town of Canmore.

Owner, Canada Cement LaFarge Ltd.. supported the annexation of its property, within the said territory, to the Town of Canmore.

Calgary Regional Planning Commission. adopted its staff rcport. and supported the Town of Canmore's application to annex the said territory. The staff's report included the following comments:

"In part, these lands are considered attractive for urban development because they can be economically serviced, they are not subject to surface or groundwater flooding. and they can be visually screened from the highway In addition. by comparison to other areas south of the town. these lands received a considerable amount of sunlight during the wiiiter season. The proposed industrial area can be screened from the highway. it is downwind from the present developed area and it is served by good road access. Potcntiolly this area can be linked to the railway with a short spur line.

"Presently. the subject lands are generally unpatented of under grazing permit. As well. there is a cemetery, nuisance ground and a maintcnance yard in the area. Most of the land is owned by the Province of Alberta. Parks Canada and Canada Cenicnt LaFarge Ltd.. also own land in the area. Parks Canada and the Proviiice are not objecting if the area is to be developed exclusively for residential purposes.", By letter to the Board, dated March 2nd. 1979. Alberta Transportation made the following

"It is noted that almost all of the proposed annexation area is on the easterly side of Highway 1 whereas the present town area is all on the westerly side. Since Highway I is a major trans-provincial artery i t is considcrcd esscntial that its present frceway status with full access control be maintained through this area. From a highways operation point of view. further development on the easterly side of Highway I may crcate a nced for additional or expanded interchangc facilities for providing highway access. Also i t is very lihely that a centrally located flyovcr may be required to permit both vehicular and pedestrian cross movcinents between the two areas of the town to occur without restricting the free flow operation of the highway. However, if in the overall dcvclopinent plan for the town, expansion to the east is Considered most viable then provisions for accomniodating the additional traffic movements will have to be undertaken.

i

comments:

Local Authuriiies Bo;lrJ

"if the anncxation proceeds and further development is pcrmittcil. the town will have to consider the access problems and the assdciatcd costs tu overconic thcw probleni\ in dcveloping land use plans for the area. Buffers for noise attcnuation may bc required alonp the highway route depending upon the typc of adjacent land U X . "

The Board, having considered the evidence presented to it at the hcaring. has rcachcd the following conclusions:

I . That the Town of Canmore, bccause of its establishcd natural resource base. as a "bedroom" community servicing the Canmore corridor of the Bow Rivcr, its proximity to the tourist and recreational t ic cs of the Banff National Park and thc Kananaskib Provincial Park. and because of the limitations to growth of other urban coinmunitics within the region. will continue to grow in populatiop and development. 2. That additional land is required by the Town of Canmorc. for the sake of the town and region. to nicet the future residential, highway-commcrcial and industrial nceds of the town and vicinity.

3. That while the said tcrritory, in total. is in excess of the Town of Canmiire's iminediatc demands for developable lands, the inclusion of such territory now in the town's juridiction. H I I I permit the town to plan, for the economical development of utilities within the said tcrritory. and for their long term land uses. 4. That the said territory may be rcadily and economically servi,ced with utilities aiid transportation, and because of topography and servicing limitations elsewhere. provides for the logical expansion of the town. 5. That the Town of Canmore's application to annex the said territory should be granted in full.

THEREFORE, subject to the Lieutenant Governor in Council approving this Ordcr. or prescribing conditions that the Order is subject to and approving the Order subject to those conditions, or varying the Order and approving the order as varied. IT IS ORDERED AS FOLLOWS: I. That there be annexed to the Town of Canmore in the Province of Alberta and thereupon be separated from the Improvement District No. 8 that territory described in Schedule "B" attached to this Order.

(A sketch showing the general location of the annexed lands is attached as Schedulc "A").

11. That any taxes owing to the Improvement District No. 8 as at Dccember 31, 1979. in respcct of the aforementioned properties shall transfer to and beconir payable to thc Town ut Canniore together with any lawful penalties and costs levied thereon in respect of any such taxes: howcber.

I upon the Town of Canmore collecting any or all of such taxes. penalties or costs. such collection shall forthwith be paid by the Town to the Improvement'District No.8. Ill. That the assessor for the Town of Caninore shall for taxation purposes in the year 1980. re-assess the annexed lands and assessable improvements thereon. which are by this Order annexed to the town so that the assessment thereof shall be fair and cquitablc with other land\ and assessable improvements in the Town of Canmore. and the provisions of The Municipal Taxation Act regarding the Assessment Roll shall mutotis mittmidis apply to such assessment.

IV. That the Chief Provincial Assessor. appointed pursuant to the provisions ot Thc Municipalities Assessment and Equalization Act shall for taxation or grant purposes cornrncncing in the year 1980, re-assess or re-value, as the case may be. all propcrties that are asaeswble or subject to valuation under the tcrnib of The Electric Power and Pipe Line Asscssment Act and The Municipal and Provincial Properties Valuation Act. and which lie within the areas that are by this Order annexed to the Town of Canmore. so that the assessment or valuation shall be lair and equitable with properties of a similar nature.

V. That the effective date of this Order is the 1st day of January. 1980. Dated and signed at the City of Edmonton, in the Province of Alberta, this 14th day (ifJune.

1979. Certified a true copy B. CLARK, Secretary.

LOCAL AUTHORITIES BOARD D. BANCROFT. Chairman. T. LAUDER. Mcmbcr. J. HAMMOND. Member.

2865

M E ALBERTA GAZETTE, AUGUST 31. 1979

SCI-IEDULE "A" A S8:CTCH StiO',VIIJG THE GENERAL LOCATION OF T H E

A R E A S AFFECTED BY BOARD ORDER NO. 11833

EFFECTIVE DATE: J A N U A R Y 1,1980

AFFECTED A R E A ( S ) .

2866

Local Auihoririer I3o:ird n I r , -

" 1 +y * &! 91/79 I ,

SCHEDULE "B'"

A DETAILED DESCRIPTION OF LAND SOUGHT FOR AND ANNEXED TO THE TOWN OF CANMORE

( I ) West half of the north-west quarter of section 27. town\hip 14. range IO. wcbt of thc til'th meridian.

(2) North-east quarter of section 28, township 24. range IO. west of the filth mcridian.

(3) All that portion of thc north-eaht quarter of section 32. townqhip 24. rangc IO. we\( ot thc fifth meridian, not within the Town of Canmorc

(4) All that portion of section 33, township 24. range IO. west of thc f i f t h meridian. not within the Town of Canmore.

(5) West half of the west half of seetion 34, township 24. range IO. we\t o i the fifth mcridian. ( 6 ) The most westerly 1328.8 feet of the south-wcst quarter of section 3. township 25. rangc IO. west of the fifth meridian.

(7) South half of section 4. township 25. range IO. west of thc fifth meridian. (8) All that portion of the south-east quarter of section 5 . township 25. range IO. west of the fifth meridian, not within the Town of Canmore.

(9) All government road allowances and government road allowance intersection5 intervening and adjoining the above describcd lands. pa 22867

' i:

BEFORE THE: LOCAL AUTHORITIES BOARD FILE NO: 47(A)4

I N THE MATTER OF THE "Municipal Government Act":

. * AND I N THE MATTER OF a n a p p l i c a t i o n by t h e Counci l of t h e Town of Canmore, i n t h e P r o v i n c e of A l b e r t a , t o annex c e r t a i n t e r r i t o r y l y i n g immediately a d j a c e n t t h e r e t o and t h e r e b y i t s s e p a r a t i o n from Improvement D i s t r i c t No. 8.

P u r s u a n t t o S e c t i o n 20 o f t h e Municipal Government Ac t , t h e Counci l of t h e Town of Canmore, i n t h e P r o v i n c e o f A l b e r t a , p e t i t i o n e d t h e Loca l A u t h o r i t i e s Board f o r t h e P rov ince of A l b e r t a , f o r t h e a n n e x a t i o n t o t h e Town of a l l t h a t t e r r i t o r y d e s c r i b e d as f o l l o w s :

ALL THAT PORTION OF THE NORTH WEST QUARTER OF SECTION FIVE (51, TOWNSHIP TWENTY-FIVE ( 2 5 ) , RANGE TEN ( I O ) , WEST OF THE FIFTH M E K I D I A N , L Y I N G SOUTH WESTERLY OF THE RAILWAY, AS SHOWN ON RAILWAY PLAN R.Y. 10.

ALL THAT PORTION OF THE NORTH SOUTH GOVERNMENT ROAD ALLOWANCE A D J O I N I N G THE WEST BOUNDARY OF THE NORTH WEST QUARTER OF SECTION FIVE ( 5 1 , TOWNSHIP TWENTY-FIVE ( 2 5 1 , RANGE TEN (101, WEST OF THE FIFTH MERIDIAN, WHICH LIES SOUTHERLY O F THE PRODUCTION NORTH WESTERLY AND SOUTH EASTERLY ACROSS THE SAID ROAD ALLOWANCE OF THE SOUTH WESTERLY LIMIT OF THE RAILWAY, AS SHOWN ON RAILWAY PLAN R.Y. 10. '. ,'i p :$b

2 %\ * ALL THAT PORTION OF THE NORTH EAST QUARTER OF SECTION SIX ( 6 1 , TOWNSHIP TWENTY-FIVE ( 2 5 ) , RANGE TEN ( l o ) , WEST O F THE FIFTH M E R I D I A N , L Y I N G SOUTH WESTERLY OF THE RAILWAY, AS SHOWN ON RAILWAY PLAN R.Y. 10 AND E9STERLY OF THE LEFT BANK OF THE BOW RIVER.

ALL THAT PORTION OF THE SOUTH EAST QUARTER OF SECTION SEVEN ( 7 1 , TOWNSHIP TWENTY-FIVE (251 , RANGE TEN ( L O ) , WEST OF THE FIFTH M E R I D I A N , L Y I N G SOUTH WESTERLY OF THE RAILWAY, AS SHOWN ON RAILWAY PLAN R.Y. 10 AND EASTERLY OF THE LEFT BANK OF THE BOW RIVER.

\p ri

0 ,

THE ABOVE DESCR LBED TERRITORY CONTAINS FORTY-FOUR AND THIRTY-'NINE HUNDREDTHS (44.39) HECTAKE.S (109.68 ACRES), MORE OR LESS.

. . ( h e r e i n a f t e r c a l l e d " t h e s a i d t e r r i t o r y " ) , I

. . w h i c h l i e s immediately a d j a c e n t t o t h e Town o f Canmore, and t h e r e b y i t s

. , : s e p a r a t i o n from Improvement D i s t r i c t No. 8 , and i n r e s p e c t t o which t h e Board h e 1 d . a ' p u b l i c h e a r i n g i n t o t h e matter on A.ugust 23, 1985.

R e p r e s e n t i n g t h e Town of Canmore was M. Buckley, Munic ipa l S e c r e t a r y .

. . ( . ,

'

. ,

. S l a t e r and S . d e K e i j z e r , Development O f f i c e r , appeared on b e h a l f vement D i s t r i c t No. 8.

P l a n n e r , p r e s e n t e d t h e p o s i t i o n of t h e Calgary Regional P l ann ing

k e s , P a s t S e c r e t a r y t o t h e Canmore Golf A s s o c i a t i o n , was p r e s e n t

r r i t o r y , c o n t a i n i n g 44.39 h e c t a r e s (109.68 a c r e s ) i s owned by t h e

i l d l i f e and i s l e a s e d t o t h e Canmore Golf A s s o c i a t i o n under Lease t h e ' P r o v i n c e of A l b e r t a , as r e p r e s e n t e d by t h e A s s o c i a t e M i n i s t e r of P u b l i c

d on J u n e 1, 1979, f o r a term o f 50 y e a r s . f t h e Town of Canmore and west of t h e Trans-Canada a n P a c i f i c Railway r i g h t of way, the s a ' d t e r r i t o r y

h t r i a n g l e w i t h i t s west b o r d e r d e f i n e d b y t h e l e f t b k of t h e and t h e n o r t h e a s t b o r d e r by t h e west boundary of1 tbe, ,Canadian

/ \, ', i o n f o r a n n e x a t i o n o f t h e s a i d t e r r i t o r y t o t h e Town of Canmore d at the r e q u e s t of t h e Canmore Golf A s s o c i a t i o n . The g o l f c o u r s e f two p a r c e l s , the s a i d t e r r i t o ry and a second p a r c e l f u g l y w i t h i n o u n d a r i e s . The Canmore Golf A s s o c i a t i o n would p r e f e r t h a i t h e

. . .

BOARD ORDER NO: 17525

LOCAL AUTHORITIES BOARD FILE NO: 47(A)4

go l f course be completely w i t h i n a s i n g l e municipal j u r i s d i c t i o n and t h e a d m i n i s t r a t i o n conso l ida t ed , e s p e c i a l l y a s a new c lub house i s planned. p o r t i o n of t h e s a i d t e r r i t o r y i s planned f o r urbaniza t ion .

No

, , . . .

On February 12, 1985, Counci l of t h e Town of Canmore accepted t h e reques t of , . t h e Canmore Golf Assoc ia t ion and passed a r e s o l u t i o n t o p e t i t i o n t h e Local

o r i t i es Board t o annex t h e s a i d t e r r i t o r y .

,Counc i l of Improvement D i s t r i c t No. 8 withdrew i t s o r i g i n a l oppos i t ion t o , , t h e , a n n e x a t i o n of t h e s a i d t e r r i t o r y t o t h e Town of Canmore, recognizing

t h a t t h e p a r c e l i n q u e s t i o n i s t o t a l l y c u t o f f from t h e remainder of t he . and i s ' c u r r e n t l y t i e d i n t o t h e Town of Canmore water sys tem. p a r t . of a go l f cour se , t h e a d m i n i s t r a t i o n and c l u b house f a c i l i t i e s of

i r e l y loca t ed wi th in , t h e Town of Canmore."

r meeting he ld August 9 , 1985, t h e Calgary Regional Planning

A s wel l i t

: .Commission by r e s o l u t i o n adopted i t s S t a f f Report and supported t h e ... annexat ion of t h e s u b j e c t l ands t o t h e Town of Canmore..." , . I

. ; ' , , , ' The S t a f f Report included t h e fo l lowing observa t ions : , .

"(a) Purpose of Appl ica t ion : The Canmore Golf Course i s c u r r e n t l y loca ted p a r t l y w i t h i n t h e Town of Canmore and p a r t l y wi th in I . D . #8 on t h e s u b j e c t ' l a n d s . Personal communication has

of t h e go l f course be p laced wi th in t h e j u r i s d i c t i o n of t h e Town of Canmore. ' t a s k s c u r r e n t l y experienced by t h e Golf Club.

: ' i n d i c a t e d t h a t t h e Golf Club has requested t h a t t h e t o t a l a r e a

Th i s would ev iden t ly e a s e t h e admin i s t r a t ive

. , . . ' . ,

L. +:;I4 ," (b) Locat ion and Use: The s u b j e c t lands a r e loca t ed wi th in t h e f loodp la in of t h e Bow River. The s u b j e c t lands are phys ica l ly . ).:; .

I . D . #8 by t h e Bow River t o t h e west, t h e Town

o r t h e a s t . dary t o t h e south and t h e r a i l right-of-way t o

They a r e c u r r e n t l y zoned Conservation ' r Area Fores t ry i n I . D . #8 Land Use Order No. 1. The c u r r e n t

~ g o l f course use d o e s . n o t conform t o Land Use Order No. 1.

' ' .After reviewing General Municipal P lans and urban f r i n g e planning done f o r ' t h e . Town'of Canmore and I . D . #8, s t a f f a r e

t h i s annexat ion a p p l i c a t i o n has considered t h e

h i s a p p l i c a t i o n has n o t been made wi th a view t o ,-items l i s t e d under 4.10.16 above. It should be made c l e a r

.. ' p o p u l a t i o n growth, bu t i n o r d e r t o c o n s o l i d a t e a r e c r e a t i o n a l ;: ' . u se under one municipal a u t h o r i t y .

, ,

#8 are minimized due t o t h e phys ica l i s o l a t i o n l ands ; necessary s e r v i c i n g ex i s t s and no change proposed, : T h i s l a t t e r p o i n t i s p a r t i a l l y due l ands be ing i n t h e Bow River f l o o d p l a i n and,

ognized .as' .undevelopable f o r a v a r i e t y of o the r , , ;. 1 . . I . , . s i

_ , , . #

I . D . #8 suppor t s t h e proposed annexation."

was a r r i v e d a t : "The proposed annexat ion does no t ~~

, . ' ;-'3; :: : ~

,+:,;. c o n f l i c t wi th t h e Calgary Regional Plan.'' Accordingly t h e s t a f f made t h e

;-:,?:.:, ,$ :;.-. '' , fol,lowi,ng . , ' I , , recommendation: I , . . 1 ,

4. , ? f i : * . , . (,:;..:,?: .$,'')';

That t h e Local A u t h o r i t i e s Board be advised t h a t t h e Calgary - . R e g i o n a l Planning Commission suppor t s t h e annexat ion of t h e

I s u b j e c t . l a n d s ' t o t h e Town .of Canmore. 1 , i I , ,

. . ! .I ..

. , ,That t h e Commission a d o p t : t h i s s t a f f r epor t . "

dum t o t h e Board d a t e d , A p r i l 23, 1985, A lbe r t a Agr i cu l tu re made 5 fo l lowing comments :

BOARD ORDER NO: 17525

FILE NO: 47(A)4 , , . LOCAL AUTHORITIES BOARD '

, .

. , . . , . ,

. . , "1. Canada Land Inventory (CLI) a g r i c u l t u r a l c a p a b i l i t y r a t i n g f o r Lands

, ' t h e p a r c e l under c o n s i d e r a t i o n i s 57C63W, a t 1:60,000 s c a l e . i t h t h i s c l a s s i f i c a t i o n are capable of producing n a t i v e or tame

forages . c rop product ion.

2.

These s o i l s a r e n o t s u i t a b l e f o r sus t a ined annual f i e l d

The p a r c e l has been l eased t o , t he Canmore Golf Club f o r twelve , . ' .years and i s n o t c u r r e n t l y used f o r any a g r i c u l t u r a l a c t i v i t y .

A s the p a r c e l i s n o t l oca t ed on b e t t e r a g r i c u l t u r a l l and , Alber ta g r i c u l t u r e has no o b j e c t i o n s t o Canmore's annexat ion proposal."

erta. T ranspor t a t ion , i n a memorandum t o t h e Board da ted A p r i l 11, 1985, ' . ' ad ,y i sed t h a t i t "...has no o b j e c t i o n s t o t h e proposed annexation." .. , ' . .'

, . , . . , ,

I n ' . a le t ter t o t h e Board da ted May 15, 1985, A lbe r t a Environment expressed 'concern about t h e s a i d t e r r i t o r y being ".. .inundated by t h e Bow River given a m j o r f lood event." A lbe r t a Environment 's p o s i t i o n was summarized as ", . .due t o t h e problems which could be a s s o c i a t e d wi th f lood ing , ou r Department i s of t h e op in ion t h a t t h e a r e a in tended t o be annexed would no t r ep resen t a s u i t a b l e s i t e f o r urban expansion. A s a r e s u l t we would suggest t h a t t h i s

, ' i

p l i c a t i o n n o t be cons idered f o r approval."

I n ' r e b u t t a l , i t was poin ted o u t t h a t t h e r e would be no change from t h e c u r r e n t . l a n d . u s e i f , t h e s a i d t e r r i t o r y i s annexed t o t h e Town of Canmore, whereas t h e

l b e r t a Environment appears t o a n t i c i p a t e a h ighe r dens i ty u s e , q s i d e n t i a l o r commercial.

,.

e r t a ' E n e r g y and Natura l Resources, i n a l e t t e r t o t h e Board da ted August dv ised tha t it: ' I . ..has no concerns wi th t h e proposed annexation."

The Canmore Golf Assoc ia t ion i n i t s r eques t of May 15, 1984, t o t h e Town of

a a a n n e x a t i o n i s l o g i c a l so as t o conso l ida t e t h e r e s p o n s i b i l i t y and

1985,' t h e Assoc ia t ion f u r t h e r advised of i t s support f o r t h e Town's annexation

' .Canmore ' to have t h e s a i d t e r r i t o r y . annexed t o t h e Town, claimed " . . . tha t such "

' , a d m i n i s t r a t i o n under one roof." In a l e t te r t o t h e Board da ted August 2 ,

"...Since w e understand t h a t most i f no t a l l of t h e lands surrounding a n d s are w i t h i n t h e p r e s e n t Town boundaries. . . I 1

ing cons idered t h e evidence presented t o i t a t t h e hea r ing , has . , r e a c h e d t h e fol lowing conclus ions :

. / .

. , - 1 0. That t h e Town of Canmore, because of i t s e s t a b l i s h e d n a t u r a l resource

I . ' ' ' b a s e , unique a l p i n e s e t t i n g s , proximity t o t h e t o u r i s t and r e c r e a t i o n a l f a c i l i t i e s of Banff Nat iona l Park, t h e Kananaskis P r o v i n c i a l Park and t h e 1988 Winter Olympics w i t h i t s l o c a l venue, and because of l i m i t a t i o n t o t h e growth of o t h e r urban communities w i th in t h e reg ion , may cont inue

not"become a l i a b i l i t y . t o ' t h e Town.

That t h e p re sen t u se of t h e s a i d t e r r i t o r y w i l l remain unchanged upon . a n n e x a t i o n and w i l l permi t t h e Canmore Golf Assoc ia t ion t o conso l ida t e i t s hold ings i n one municipal j u r i s d i c t i o n . A s t h e Town of Canmore

. ' p rovides t h e ma jo r i ty of t h e membership and s e r v i c e s , i t i s l o g i c a l t h a t t h e f a c i l i t i e s be conso l ida t ed w i t h i n t h e j u r i s d i c t i o n of t he Town.

'That t h e s a i d t e r r i t o r y i s e f f e c t i v e l y c u t o f f from Improvement D i s t r i c t

, :remain unchanged wi th n o - i n c r e a s e i n damages i f such f looding occurs .

, .

: . t o grow i n popula t ion and development. . .growth i n membership of t h e Canmore Golf Assoc ia t ion so t h a t i t should

Accordingly, t h e r e w i l l be a

,' , , .

,. I . . , . ' - ' No. 8 f o r s e r v i c i n g purposes and while prone t o f lood ing , t h e use w i l l

, , , , ,~ . ,

I . ,

That , t h e r e being no o p p o s i t i o n and being a l o g i c a l expansion of t h e Town, t h e a p p l i c a t i o n by t h e Town,of Canmore t o . a n n e x t h e s a i d t e r r i t o r y should be GRANTED I N FULL.

' . ' 3

-3-

E& h , P

? c

. . * -

BOARD ORDER NO: 17525

FILE NO: 47(A)4

:-

LOCAL AUTHORITIES BOARD

, ' , I .

'-THEREFORE, sub jec t t o t h e Lieu tenant Governor i n Council approving t h i s Order , s c r i b i n g cond i t ions t h a t t h e Order i s sub jec t t o and approving the Order

u b j e c t t o , t h o s e cond i t ions , o r vary ing t h e O r d e r and approving t h e O r d e r a s a r i e d , , I T I S ORDERED AS FOLLOWS:

::. , , , I . .

I

That t h e r e be annexed t o t h e Town of Canmore, i n t h e Province of A lbe r t a , and thereupon b e sepa ra t ed from t h e Improvement D i s t r i c t No. 8 t h e fo l lowing descr ibed t e r r i t o r y :

ALL THAT PORTION OF THE NORTH WEST QUARTER OF SECTION FIVE ( 5 ) ) TOWNSHIP TWENTY-FIVE ( 2 5 ) , RANGE TEN ( l o ) , WEST OF THE FIFTH MERIDIAN, L Y I N G SOUTH WESTERLY OF THE RAILWAY, AS SHOWN ON RAILWAY PLAN R.Y. 10.

ALL THAT PORTION OF THE NORTH SOUTH GOVERNMENT ROAD ALLOWANCE A D J O I N I N G THE WEST BOUNDARY OF THE NORTH WEST QUARTER OF SECTION FIVE ( 5 ) ) TOhWSHIP 'TWENTY-FIVE ( 2 5 ) , RANGE TEN ( l o ) , WEST OF THE FIFTH M E R I D I A N , WHICH LIES SOUTHERLY OF THE PRODUCTION NORTH WESTERLY AND SOUTH EASTERLY ACROSS THE SAID ROAD ALLOWANCE OF THE SOUTH WESTERLY LIMIT OF THE RAILWAY, AS SHOWN ON RAILWAY PLAN R.Y. 10.

ALL THAT PORTION OF THE NORTH EAST QUAKTER OF SECTION SIX ( 6 1 , TOWNSHIP TWENTY-FIVE ( 2 5 ) , RANGE TEN ( l o ) , WEST OF THE FIFTH MERIDIAN, L Y I N G SOUTH WESTERLY OF THE RAILWAY, AS SHOWN ON RAILWAY PLAN R.Y. 10 AND EASTERLY OF THE LEFT BANK OF THE BOW RIVER.

ALL THAT PORTION OF THE SOUTH EAST QUARTER OF SECTION SEVEN (71 , TOWNSHIP TWENTY-FIVE ( 2 5 ) , RANGE TEN ( l o ) , WEST OF THE FIFTH MERIDIAN, LYING'SOUTH WESTERLY OF THE RAILWAY, AS SHOWN ON RAILWAY PLAN R.Y. 10 AND EASTEP'Y OF THE LEFT BANK OF THE BOW RIVER.

J FORTY-FOUR AND THIRTY-NINE HUNDREDTHS

f t h e annexed lands i s a t t ached

r i c t No. 8 a s a t December 31 , r o p e r t i e s s h a l l t r a n s f e r t o and

t h e Town of Canmore toge the r wi th any lawful p e n a l t i e s xes ; however, upon t h e

such t a x e s , p e n a l t i e s o r c o s t s , by t h e Town t o Improvement

f o r t h e Town of Canmore s h a l l , f o r t a x a t i o n purposes reassess t h e annexed lands and a s s e s s a b l e improvements by t h i s Order annexed t o t h e Town of Canmwe so t h a t

r eo f s h a l l be f a i r and e q u i t a b l e wi th o t h e r lands and ments i n the.'Town of Canmore, and t h e provis ions of

assessment r o l l s h a l l m u t a t i s

i n t e d pursuant t o t h e provis ions a l i z a t i o n Act , s h a l l , f o r

i e s t h a t are a s ses sab le o r t h e E l e c t r i c Power and P i p e Line v i n c i a l P r o p e r t i e s Valuat ion

t h e y e a r 1986, r e a s s e s s o r

n t h e a r e a s ' t h a t are by t h i s Order annexed t o t h a t t h e assessment o r v a l u a t i o n s h a l l be f a i r

BOARD ORDER NO: 17525 . ,

LOCAL AUTHORITIES BOARD FILE NO: 4 7 ( A ) 4

1 . V. T h a t t h e e f f e c t i v e d a t e of t h i s Order i s t h e T h i r t y - f i r s t ( 3 1 s t ) day of December, 1985.

DATED and s i g n e d a t t h e C i t y o f Edmonton, i n t h e P r o v i n c e of A l b e r t a , t h i s 3rd day of September, 1985.

i

LOCAL AUTHORITIES BOARD i - 3

' (SGD.) C . I. SHELLEY * * CHAIRMAN

(SGD.) J .A. HAMMOND

CERTIFIED A TRUE COPY:

B I .

F , .

9 25-10-5

A 1

25-10-5

, -

l o 25- 10 - 5

3 25-10-5

L -7-

34 24-10-5

-I L'

b'"27 24-10-5

' 1 .. .

. . -

O R D E R I N COUNCIL

A P P R O V E D AND O R D E R E D ,

L I E U T E N A N T GOVERNOR

0 . C . 6.;7.8r/ 85

September 2 5 , 1985

EDNONTON, ALBERTA

Upon t h e recommendation of t he Honourable t h e

Minister of hlunicipal Affairs, t h e Lieutenant Governor i n

Council, pu r suan t to section 21 of t he h4unicipal

Government A c t , approves the Local Authorities Board Order

No. 17525 dated September 3, 1955 qnnexing to the Town

of Ganmore certain t e r r i t o r y , effective December 31, 1985

pur suan t t o t h e petition by t h e Council of t he Town of

Canmore.

- A I R M A N

.

- 8 ,

THE ALBERTA GAZETTE; SEPTEMBER 30,1991 < . - 'i,

Order No. 19865 File No. CANM/T.s

IN THE MATTER OF THE "Municipal Government Act":

AND IN THE MATTER OF an application by the Council of the Town of Canmore, in the Province of Alberta, to annex certain territory lying immediately adjacent thereto and thereby its separation from the Municipal District of Bighorn No. 8, Improvement District No. 5 and Improvement District No. 8.

Pursuant to Section 20 of the Municipal Government Act, the Council of the Town of Canmore, in the Province of Alberta, petitioned the Local Authorities Board for the Province of Alberta, for the annexation to the Town of all that territory described in Schedule "B" attached to and forming part hereof, which lies immediately adjacent to the Town of Canmore and thereby its separation from the Municipal District of Bighorn No. 8, Improvement District No. 5 and Improvement District No. 8 and in respect to which the Board held a public hearing into the matter on May 22 and August 7, 1991.

The participants presenting evidence at the public hearing are listed on Schedule "C" attached to and forming part hereof.

The Town of Canmore is located on the Trans-Canada Highway, 106 kilometers west of Calgary and 22 kilometers east of Banff. The Town straddles both sides of the Bow River in a 2 kilometer wide valley and is surrounded on the north and south by rugged mountains. The main transcontinental line of the Canadian Pacific Railroad runs through the Town.

Settlement began i n the Town of Canmore in the 1880's and its early role was one of a mining and railway centre. This role diminished with the relocation of the rail divisional point and repar shops in 1899 and the gradual closing of the area coal mines. With the loss of the rail and coal activity, the Town entered a period of little or no growth. The local economy was sustained by the commercial area on the Trans-Canada Highway and the cement, limestone and allied resource processing operations located a few miles to the east in the area of the Hamlet of Exshaw. The Town's role as a residential dormitory for workers employed at the processing operations and as a sub-regional service centre lo smaller unincorporated communities tied economically to the same plants provided little impetus for growth. Over the past twenty years this role has changed significantly with the Town of Canmore becoming the centre for renewed economic activity in the Bow Corridor. Regional tourism development, Banff's development constraints, the natural setting and geographic location have all influenced the Town's emerging role as a recreational destination and regional service centre to the expanding recreational pursuits that encompass the whole of the Bow Corridor.

The territory proposed for annexation consists of five parcels either separated by distance or topographical features. For ease of descnption each parcel is described separately.

Parcel 1 is approximately two and one half miles long by one half mile wide located to the northwest of the Town of Canmore, bounded on the southeast by the Town's northwest boundary, on the northeast by the Bow River, on the northwest by Banff National Park and on the southwest by an area known as the Canmore Nordic Centre with its associated trail system. The Parcel is within the jurisdiction of Improvement D,istrict No. 5 and is owned bv the Crown in right of the Province of Alberta. The majority of the Parcel contains-lands that have a slope of less than 22%, considered the maximum for development, and therefore are considered developable. Of the two possible development areas, one is located almost entirely within the Bow River flood plain and is not considered suitable for traditional urban development. A development scheme for a resort hotel and three golf courses has been proposed b y Georgetown Developments Ltd. I n addition, a hotel and housing development has also been proposed for this area. That second possible development area is situated on higher land but access is limited. The area may have greater development potential i f considered as part of the large proposal.

Parcel 2 is located to the north of the Town of Canmore and is bound 011 the south and west by the boundaries of the Town, The easterly limits of the Bow River Valley generally establish the northeast boundary of the Parcel. The Hamlet of Harvey Heights and a critical wildlife zone delineate the northwest limit of the Parcel. The majority of the Parcel I S within the jurisdiction of the Municipal District of Bighorn No. 8 with one quarter section within the jurisdiction of Improvement Dlstrict No. 8. Drainage channels and steep topography are the pain features of the Parcel and approximately 44% of the

2730

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THE ALBERTA GAZETTE, SEPTEMBER 30,1991 I . .

"land area is above the 22% slope. Canmore Alpine Development Company Ltd. has applied to lease a majority of the land in the Parcel from the Crown for the purposes of enlarging a major resort and housing development proposed for lands presently within the Town.

Parcel 3 is a rectangular area approximately one and one half miles by slightly more than one half mile located to the east of the Town of Canmore. The Parcel is bounded on the west by the Town boundary, on the south by Highway No. IA and on the east and north by the general easterly limits of the Bow River Valley. The Parcel is within the jurisdiction of the Municipal District of Bighorn No. 8 and the majority is owned by the Crown in right of the Province of Alberta. The Parcel is divided by a steep bank and of the northerly area 75% is suitable for development. The southerly area adjacent to Highway No. 1A is primanly flat with a high potential for development.

Parcel 4 is a one half section within the jurisdiction of Improvement Distnct No. 5 . Due to an incomplete survey of the area i t is difficult to determine the exact nature of existing developments. The Parcel is located approximately one mile to the west of the Town of Canmore on the higher elevations of the Bow River Valley. The northern limit of the Parcel can best be determined as i n the general location of the Spray Lakes Road. I t is generally accepted that this Parcel contains the balance, if any, of the TransAlta Power House and staff housing, the majority of which is known to be located in the adjoining Parcel 5 to the east. The Parcel is owned by the Crown in right of the Province of Alberta with any occupied areas leased to TransAlta Utilities Corporation.

Parcel 5 is the largest, containing approximately 10,000 acres and is located generally to the south o f the Town of Canmore. The boundaries of the Parcel are defined by the Trans-Canada Highway to the east and the southwesterly limit of the Bow River Valley to the west. The Parcel is entirely within the jurisdiction of the Municipal District of Bighorn No. 8. Of the total Parcel only the bench lands comprising an estimated 3,400 acres are considered developable. While the developable area is extensive, development constramts, which include steep slopes and undermining, may restrict the potential of the lands. A recent application for the 18-hole Mountain Meadows Golf Course on land leased from the Crown has been approved for the most northwesterly portion of the Parcel. The balance of the Parcel encompasses a development proposal by the principal landowner, Three Sisters Golf Resorts Inc., for hotel, commercial, residential and recreational facilities which include three 18-hole golf courses. Possible undermining and slope limitations may reduce the ultimate scale of the proposed development.

The Town of Canmore submitted that due to the relatively recent recreational developments such as Kananaskis Country, the Nordic Centre and the development constraints affecting the Town of Banff, there is increasing interest i n the Bow Corridor to make most, if not all, of the proposed developments feasible. When the developments proceed, the impact will directly affect the Town of Canmore which will be responsible for meeting the accommodation and service demands of an expanding work force and the influx of tourists. The Town projects an average growth rate over a twenty year period of approximately 4% per annum. These rates reflect the historic growth, projected Banff spillover growth and growth associated with the two major development proposals. With the completion of the major developments, the Town suggested that population growth would be reduced to a level of 250 to 300 persons per year, reflecting the historical growtli patterns of Canmore. Not included in the growth projections, but impacting on the residential demand, is the ever growing "shadow" population of part-time households owning recreational homes in the community.

Based on the population projections the Town's present permanent population of 5,324 may increase by approximately 13,200 persons over the next twenty years and by roughly 22,000 persons within forty years. Non-permanent residents could increase the number of households by an additional 2590. The Town submitted that an additional 7,700 persons may be accommodated within the present boundaries, well short of the projected twenty YW demand. Further, as the choice, supply and competitive environment for residentla1 land deteriorates, the Town's development will be curtailed unless additional lands are made available to meet the demand.

The current supply of commercial land available along the transportation corridor is sufficient to meet the projected demand. In assessing the industrial needs of the

273 1

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THE ALBERTA GAZE'ITE, SEPTEMBER 30.1991 I , ' I ' community, the Town stated that all the parcels within the two existing industrial parks

have been developed or are under private sale. The Town suggested that with the increasing constraints to development in Banff and Canmore's role as a regional service centre, the Town is likely to experience a growing demand for light industrial land. This, coupled with the quadrupling of the population over the twenty year period, means that the Town of Canmore will be unable to satisfy the expected demands within the present boundaries.

The Town is physically restricted by mountains, the Bow River and adjoining flood plains, undermined areas and other geographic and topographic obstacles which effectively confine expansion to a limited number of peripheral areas. The Town submitted that the limited growth options and the extensive development proposals make it essential that jurisdiction of the Bow Corridor resides with the municipality that will be the most impacted and ultimately responsible for the servicing requirements of the intensive developments.

The areas proposed for development may be serviced. While a conceptual road system h a s been developed, a major comprehensive joint transportation study for the Corridor by the Town, Municipal District and Alberta Transportation and Ut currently being completed and may impact upon the ultimate design. Alberta Environment has indicated a preference for only two sanitary sewer discharges into the Bow River, therefore the conceptual collection system is based on the existing outfalls from the Canmore sewage plant and the Dead Man's Flats sewage lagoon. The Town advised that in order to meet the anticipated demands both systems will require expansion. The concept scheme for water is an expansion of the existing system of groundwater sources pumped into piped distribution systems on several pressure zone elevations. Storm water is presently handled via creeks and gullies to the Bow River and it is expected that this economical and functional system will continue.

While the Town is in a relatively strong financial position, front end infrastructure and servicing costs in advance of completion of developments in the annexation area will negatively impact finances for a period following annexation. The Town suggested that potential increases in the mill rate will be mitigated by a major development within the present boundaries and any subsequent resort development.

The Municipal District of Bighorn No. 8 advised that as a result of numerous discussions with all affected parties within the Bow Corridor i t determined that the future local government in the Corridor would be best served by the two municipalities working i n cooperation. The two municipalities undertook serious negotiations which resulted i n an agreement on a boundary change for the Town. In addition to the boundary change, the two municipalities also agreed to work with and honor existing approvals held by the vmous developers and enter into joint planning and servicing where necessary. In the hlunicipal District's summary, i t was requested that the agreed boundary change be confirmed effective July 1, 1991, but that taxing authority remain with the Municipal District unt i l January 1, 1992.

hlr. Fred G. Wilmot, Managing Director of Improvement District No. 5 (Kananaskis Country), filed with the Board a letter dated May 17, 1991, in which he outlined the Improvement District's objection to the annexation of Parcels 1 and 4. The Improvement District expressed concern regarding intensive developinent impacting tlie Nordic Centre abutting Parcel I and the Grassi Lakes Provincial Recreation Area either within or panially within Parcel 4. The Town of Canmore responded to the concerns by advising that all the land within Parcels 1 and 4 are owned by the Crown in right of the Province of Alberta and that any negative impacts of development would be considered when leasing the land.

The Board also received written submissions from Alberta Transportation and Utilities, Alberta Agriculture and the Energy Resources Conservation Board. Alberla Agriculture and [he Energy Resources Conservation Board have no objection lo the annexation proposal. Alberta Transportation and Utilities advised that access to and from tlie Trans-Canada Highway would be limited to interchanges and that the Alberta Highway Signing hlanual be applied to preserve the aesthetic qualities of the Highway. The

* Department also expressed concern regarding the use of Hlghway No. IA as part of the Town's street system and suggested that the Highway become the responsibility of the

'1

2732

. THE ALBERTA GAZETTE, SEPTEMBER 30,1991 . \

Town. In response to the concern expressed regarding Highway No. 1 A, the Town of Canmore advised that it is currently in discussions with the Department regarding the disposition of this matter.

The S u f f Report of the Calgary Regional Planning Coinmission evaluated the Town of Canmore's petition for annexation and concluded that:

"the annexation proposed by the Town of Canmore is not only to secure a land supply on the basis of need, although this is a significant factor. Another reason for this annexation in the Commission's view is to gain jurisdiction over lands that have been the subject of major resort development proposals. While the Regional Plan does not automaticall support annexation for control, in this case i t is reasonable to do so because of the rollowing factors:

I . Major resorts proposed for the area will be developed under a single urban umbrella, and this is in keeping with Section 4.10.4 and others in the Regional Plan. The Commission had been concerned about the possible creation of a third municipality in the Bow Corridor, if and when development reaches a size where municipal incorporation is possible. This annexation avoids that possibility.

2. The Town of Canmore and the M.D. of Bighorn have reached an agreement over this annexation submission.

The Commission supports this annexation application as i t represents intermunicipal agreement, a solution to the problem of jurisdiciion, and a means whereby Canmore can provide for its future growth requirements.

A t the regular Commission meeting of May 10, 1991, the Calgary Regional Planning Commission adopted motions to advise the Local Authorities Board that i t supports the annexation petition by the Town of Canmore and that the Staff Report and the Brief to the Local Authorities Board be adopted.

Mr. Richard Melchin, President, Three Sisters Golf Resort Inc., confirmed support for the annexation of their lands to the Town of Canmore. Mr. Melchin advised that while presently three conditional permits have been received for the golf courses and Area Structure Plans are in the process, no development agreements have been entered into due to, in part, problems encountered in dealing with two jurisdictions with two different sets of requirements. Mr. Melchin stressed the need to deal with one encompassing jurisdiction i f development is to proceed in a rational manner.

Mr. Hal Walker on behalf of Canmore Alpine Development Company Ltd. advised that although they are i n a position to proceed with Phase 1 of their development, the phase is presently split by the Town's boundary and they would prefer that the complete development be within one jurisdiction for the same reasons outlined by Mr. Melchin. Accordingly, Canmore Alpine Development Company Ltd. confirmed their support for the annexation of their leased property to the Town of Canmore.

hlr. Robert N. Smith, Member at Large, Bow Valley Naturalists, while expressing concern regarding the number and size of the various development proposals, agreed that no solution to the potential impact can be obtained as long as the corridor I S under an assortment of junsdictions. Mr. Smith submitted that prior to any development proceeding a comprehensive plan for the entire Bow Corridor and its tributary valleys be adopted.

hfr. Perry Hanson, President, Echo River Properties Ltd., while consenting to annexation, expressed concern regarding the proposed land use of Parcel 3 as i t compares to both the existing and proposed land uses in the Elk Run-lndian Flats area within the Town. Mr. Hanson suggested that land use designation within the Town is haphazard and will impact negatively on his property. Specifically Mr. Hanson's concern is that the Town will amend the Land Use By-law and that his and the surrounding property will be zoned industrial, which he feels is not the optimum use. In this regard Mr. Hanson requested that "the anexation approval contain conditions preventing conversion of the Elk Run Industrial Area to residential use pending the placement of a new general area plan based on a land-use study which would include consideration of the annexed lands as part of the entire Elk Run-Indian Flats area."

2733

THE ALBERTA GAZETTE, SEPTEMBER 30,1991 . . \

I Mr. Joe Cowan, Chairman, Bow Meadows Development Co-op, advised that the Co-op has entered into an option to purchase the Echo River Properties Lid. property for the purpose of developing low cost housing and fully supported Mr. Hanson's submission to' the Board.

The Town of Canmore submitted that the request of Mr. Hanson is in fact a request for the Local Authorities Board to zone land both in Town and in the lands proposed for annexation. The Town sta~ed that such authority is not within the jurisdiction of the Board. In support of this contention the Town referred to Section 73 of the Planning Act which directs that the land use designation of Special Recreation District applying to Mr. Hanson's property would continue until such time as the Land Use By-law of the Town of Canmore is amended, in which case Mr. Hanson's rights are more than adequately protected by Sections 139 and 140 of the Planning Act. Furthermore the Town submitted that the aforesaid Sections also protect Mr. Hanson's right of participation in any amendments to the Land Use By-law applying to the Elk Run-Indian Flats area. In regard to the proposed housing development, the Co-op has been offered an alternative site in an area presently designated for residential development, which Mr. Cowan deems unsuitable due to the proximity of a reclaimed landfill site proposed for recreational use.

The Board, having considered the evidence presented to it at the hearing, has reaching the following conclusions:

1 . That the Town of Canmore, due to its ever growing role as a regional service centre to the existing recreational developments of Kananaskis Country and Canmore Nordic Centre and the development restrictions affecting the Town of Banff, will continue and even exceed the historic population growth levels. In the event that some or all of the proposed developments within the Bow Corridor proceed, it is not unreasonable to assume that growth will greatly exceed the historic trends for at least the period of development. It is also not unreasonable to assume that with further development in the Bow Corridor a large number of people will find the Town of Canmore an attractive centre for recreational housing, further impacting on the residential demands within the Town.

,

2. That the Bow Corridor is presently experiencing extreme development pressure due to its unique setting and location and it is important that future growth be effectively managed and controlled by the municipality that will be most affected by the development, The Municipal District of Bighorn No. 8 and the Town of Canmore are to be commended for not only recognizing the need for jurisdictional clarity and control but for forging an agreement that recognizes and addresses the potential impact of development on the Bow Corridor.

That a single jurisdiction within the Bow Corridor is warranted as highlighted b the problems experienced by the various developers in dealing with a multiplicity 01 jurisdictions and development conditions. Planning and servicing in a manner that would have the least impact on the unique environmental setting while meeting the growing recreational demands of the region may only be accomplished in an atmosphere of jurisdictional clarity.

That the concerns expressed regarding the integrity of Kananaskis Country are valid and would also be a concern of this Board i f i t were not for the fact that all lands within Parcels 1 and 4 are owned by the Crown in right of the Province.of Alberta. The Crown will have the final authority in the size, type and intensity of development i f i t is the Province's intention to permit development within the Parcels.

That the Town of Canmore is correct in suggesting that it is not within the Board's jurisdiction to direct the adoption of an Area Structure Plan or specific zoning as a condition of annexation. The authority for either Area Structure Plans or Land Use By-laws lies with the municipal jurisdiction and the rights of affected owners are more than adequately protected by the provisions of tlie Planning Act. The Town of Canmore may not amend the Land Use By-law as it applies to the Elk Run-Indian Flats area, or any other property within their jurisdiction, without notice and the holding of public harings as provided for i n Sections 139 and 140 of the Planning Act.

3.

4.

5 .

2134

.. THE ALBERTA GAZETTE. SEPTEMBER 30.. 1991

; 6. That the petition for annexation by the Town of Canmore should be GRANTED IN

r.,. . ruLL.

THEREFORE, subject to the Lieutenant Governor in Council approving this Order, or prescribing conditions that the Order is subject to and approving the Order subject to those conditions, or varying the Order and approving the Order as varied, IT IS ORDERED AS FOLLOWS:

I. That there be annexed to the Town of Canmore in the Province of Alberta, and thereupon be separated from the Municipal District of Bighorn No. 8, Improvement District No. 5 and Improvement District No. 8 all that territory described in Schedule "B" attached to and forming part hereof.

,

(A sketch showing the general location of the annexed lands is attached as Schedule " A I' . ) That any taxes owing to the Municipal District of Bighorn No. 8, Im rovement District No. 5 and Improvement District No. 8 as at December 31, 1891, in respect of the aforementioned properties shdl transfer to and become payable to the Town

.of Canmore together with any lawful penalties and costs levied thereon in respect of any such taxes; however, upon the Town of Canmore collecting any or all of such taxes, penalties or costs, such collection shall forthwith be paid by the Town to the Municipal District of Bighorn No. 8, Improvement District No. 5 and Improvement District No. 8.

That the assessor for the Town of Canmore shall, for taxation purposes in the year 1992, reassess the annexed lands and assessable improvements thereon, which are by this Order annexed to the Town of Canmore, so that the assessment thereof shall be fair and equitable with other lands and assessable improvements in the Town of Canmore, and the provisions of the Municipal Taxation Act regarding the assessment roll shall mutatis mutandipapply to such assessment.

That the Chief Provincial Assessor, appointed pursuant to the provisions of the Municipalities Assessment and Equalization Act, shall, for taxation or grant purposes commencing in the year 1992, 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 Town of Canmore, so that the assessment or valuation shall be fair and equitable with properties of a similar nature.

11.

IJI.

IV.

V. That the effective date of this Order is the Thirtieth (30th) day of June, 1991.

DATED and si ned at the City of Edmonton, in the Province of Alberta, this. 16th day of August, 1591.

LOCAL AUTHORlT!ES BOARD

(SGD.) B. CLARK VICE CHAIRMAN

CERTIFIED A TRUE COPY:

/ 62w AIS EC R ETA R Y

(SGD.) R.O. MYRONIUK MEMBER

2735

THE ALBERTA GAZETTE, SEPTEMBER 30,1991 - . , a

S C H E D U L E "A"

A SKETCH SHOWING THE GENERAL LOCATION OF THE

AREAS AFFECTED BY BOARD ORDER NO. 19865

EFFECTIVE DATE: J U N E 3 0 , 1 9 9 1

1-1 AFFECTED A R E A I S ) /

2736

9 .

THE ALBERTA GAZETTE, SEPTEMBER 30,1991 3 . .

4 SCHEDULE 'B'

DESCRIPTION OF -0RY SOUGHT FOR AND ANNEXED T O THE TOWN O F CANMORE

NORTHWEST QUARTER OF SECTION THIRTY-ONE (31), TOWNSHIP TWENTY-THREE (23), RANGE NINE (9), WEST OF THE FIFTH MERIDIAN

/

J SECTIONS SIX (6) AND SEVEN (7), WITHIN TOWNSHIP TWENTY-FOUR (24), RANGE NINE (9), WEST OF THE FIFTH MERIDIAN

WEST HALF OF SECTION EIGHT (8), TOWNSHIP TWENTY-FOUR (24), RANGE NINE (9), WEST OF THE FIFTH MERIDIAN

J ALL THAT PORTION OF THE WEST HALF OF SECTION SEVENTEEN (17), TOWNSHIP TWENTY-FOUR (24), RANGE NINE (9), WEST OF THE FIFTH MERIDIAN. WHICH LIES SOUTH OF THE SOUTHERLY

J LIMIT OF ROAD PLAN.731 490 '

ALL THAT PORTION OF THE SOUTH HALF OF SECTION EIGHTEEN (18), TOWNSHIP TWENTY-FOUR (24), RANGE NINE (9), WEST OF THE FIFTH MERIDIAN, WHICH LIES SOUTH OF THE SOUTHERLY LIMIT OF ROAD PLAN 6520 H.X.

J SECTIONS ONE (l), TWO (2), TEN (10) AND ELEVEN ( I l ) , WITHIN TOWNSHIP TWENTY-FOUR (24), RANGE TEN (lo), WEST O F THE 4 FIFTH MERIDIAN

J ALL THOSE PORTIONS OF SECTIONS TWELVE (12), THIRTEEN (13), FOURTEEN (14) AND FIFTEEN (15), WITHIN TOWNSHIP

MERIDIAN, WHICH LIE SOUTH O F THE SOUTHERLY LIMIT O F ROAD PLAN 7444 H.X.

TWENTY-FOUR (24), RANGE TEN (lo), WEST OF THE FIFTH

SECTIONS SIXTEEN (16), TWENTY (20) AND TWENTY-ONE (21), WITHIN TOWNSHIP TWENTY-FOUR (24), RANGE TEN (10). WEST O F THE FIFTH MERIDIAN

ALL THAT PORTION OF SECTION TWENTY-TWO (22), TOWNSHIP TWENTY-FOUR (24), RANGE TEN (lo), WEST OF THE FIFTH MERIDIAN, WHICH LIES SOUTHWEST OF THE SOUTHWESTERLY LIMIT O F ROAD PLAN 7444 H.X.

ALL THAT PORTION OF THE EAST HALF OF SECTION TWENTY-SEVEN (27). TOWNSHIP TWENTY-FOUR (24), RANGE TEN (10). WEST OF THE FIFTH MERIDIAN, WHICH LIES NORTH OF THE NORTHERLY LIMIT OF ROAD PLAN 821 1278

J

d

/

ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION TWENTY-SEVEN (27), TOWNSHIP TWENTY-FOUR (24), RANGE TEN (lo), WEST OF THE FIFTH MERIDIAN, WHICH LIES NORTH OF THE ,/ NORTHERLY LIMIT OF ROAD PLAN 1431 E.Z. AND NOT WITHIN THE TOWN OF CANMORE, EXCEPTING THEREOUT ROAD PLAN 821 1278

ALL THAT PORTION OF THE SOUTH HALF OF SECTION

( lo) , WEST OF THE FIFTH hlERIDIAN, WHICH LIES SOUTHWEST OF THE SOUTHWESTERLY LIhllT OF ROAD PLAN 7444 H.X.

TWENTY-EIGHT (28), TOWNSHIP TWENTY-FOUR (24), RANGE TEN J

2737

THE ALBERTA GAZETTE, SEPTEMBER 30,1991 ... Y v

‘ Page 2

SCHEDULE ‘B’

ALL THOSE PORTIONS OF SECTIONS TWENTY-NINE (29), THIRTY (30) J AND THIRTY-FOUR (34), WITHIN TOWNSHIP TWENTY-FOUR (24), RANGE

TEN (lo), WEST OF THE FIFTH MERIDIAN, NOT WITHIN THE TOWN OF CANMORE

EAST HALF O F SECTION TWENTY-FIVE (25), TOWNSHIP TWENTY-FOUR / (24), FLANGE ELEVEN ( l l ) , WEST OF THE FIFTH MERIDIAN

NORTH HALF O F SECTION FOUR (4), TOWNSHIP TWENTY-FIVE (25), 4 RANGE TEN (lo) , WEST O F THE FIFTH MERIDIAN

ALL THAT PORTION OF THE NORTH HALF OF SECTION FIVE (5). 1 TOWNSHIP TWENTY-FIVE @),-RANGE FEN-(l(1O),W-l%T OF fHE’61FTH MERIDIAN, NOT WITHIN THE TOWN OF CANMORE

v‘

J’

ALL THAT PORTION OF SECTION SEVEN (7), TOWNSHIP TWENTY-FIVE (25), RANGE TEN (IO) , WEST OF THE FIFTH MERIDIAN, NOT WITHIN THE TOWN OF CANMORE AND WHICH LIES EAST OF THE RIGHT BANK OF THE BOW RIVER AND SOUTHEAST OF A LINE DRAWN PERPENDICULAR T O AND 0.50 KILOMETRES DISTANT NORTHWEST OF A STRAIGHT LINE DRAWN FROM THE NORTHEAST CORNER TO THE SOUTHWEST CORNER OF SECTION EIGHT (8), TOWNSHIP TWENTY-FIVE (25), RANGE TEN (IO) , WEST OF THE FIFTH MERIDIAN

ALL THAT PORTION OF SECTION SEVEN (7), TOWNSHIP TWENTY-FIVE (25), RANGE TEN (lo) , WEST OF THE FIFTH MERIDIAN, WHICH LIES WEST OF THE RIGHT BANK OF THE BOW RIVER

ALL THAT PORTION OF SECTION EIGHT (8), TOWNSHIP TWENTY-FIVE (25), RANGE TEN ( I O ) , WEST OF THE FIFTH MERIDIAN, WHICH LIES SOUTHEAST O F A LINE DRAWN PERPENDICULAR T O AND 0.50 KILOhlETRES DISTANT NORTHWEST O F A STRAIGHT LINE DRAWN FROM THE NORTHEAST CORNER TO THE SOUTHWEST CORNER OF SAID SECTION EIGHT (8) ’

,/

SOUTHWEST QUARTER OF SECTION NINE (9), TOWNSHIP TWENTY-FIVE ,/ (25), RANGE TEN (lo) , WEST OF THE FIFTH MERIDIAN

ALL THAT PORTION OF SECTION TWELVE (121 AND THE.SOUTH HALF OFSECTIONS THIRTEEK(13) AND FOURTEEN’(14), WlTHIN TOWNSHIP

WHICH LIE WEST OF THE RIGHT BANK OF THE BOW RIVER AND \ /

TWENTY-FIVE (25), RANGE ELEVEN (1 I ) , WEST OF THE FIFTH MERIDIAN, v NORTHEAST OF A STRAIGHT LINE AND THE PRODUCTION

NORTHWESTERLY THEREOF DRAWN FROM THE NORTHWEST CORNER TO THE SOUTHEAST CORNER OF SAID SECTION TWELVE (12)

ALL GOVERNhlENT ROAD ALLOWANCES INTERVENING AND ADJOINING THE ABOVE DESCRIBED LANDS.

THE ABOVE DESCRIBED LANDS CONTAIN APPROXIMATELY FIVE THOUSAND THREE HUNDRED AND NINETY (5,390) HECTARES, (13,319 ACRES), MORE OR LESS.

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THE ALBERTA GAZETTE, SEPTEMBER 30,1991

c . 4 SCHEDULE 'C'

PARTICIPANTS PRESENTING EVIDENCE AT THE CANMORE HEARING

Town of Canmore:

- Paula Andrews, Mayor - Frank Kosa, Town Manager - Paul Bates, Director of Planning and Economic Development - Hugh Ham, Solicitor - J im Murphy, Solicitor - Bruce Butler, Nichols Applied Management - Norm Tropp, Delcan Western Ltd. - Ralph Southwell, Delcan Western Ltd.

Municipal District of Birghorn No. 8:

- Lorraine Fraser, Reeve - Sam Hall, Municipal Manager - Dennis Pommen, Consultant

C d g a r y Regional Planning Commission:

- John Rusling. Manager of Regional and Rural Planning Division - Michele Broadhurst, Planner, Regional Planning Services

Three Sisters Golf Resort Inc.:

- Richard Melchin, President

Canmore Alpine Development Company Ltd.:

- Hal Walker

Bow Valley Naturalists:

- Robert N. Smith, Member at Large

Echo River Properties Ltd:

- Perry Hanson, President

Bow Meadows Development Ceop:

- Joe Cowan, Chairman

. 2739

THE ALBERTA GAZETTE, SEPTEMBER 30, 1991 --

G J MUNICIPAL GOVERNMENT ACT

LOCAL AUTHORITIES BOARD ORbER

(O.C. 594/91 FJb’ Approved and Ordered, GORDON TOWERS, Lieutenant Governor. Edmonton, September 5, 1991.

Upon the recommendation of the Honourable the Minister of Municipal Affairs, the Lieutenant Governor in Council, pursuant to section 21 of the Municipal Government Act, approves the Local Authorities Board Order No. 19865 dated.August 16, 1991, annexing to the Town of Canmore certain territory, effective June 30, 1991, pursuant to the petition by the Council of the Town of Canmore.

Don R. Getty (Chairman)