O.C. 156/2022

May 25, 2022


����������� The Lieutenant Governor in Council makes the Order Amalgamating the Town of Black Diamond and the Town of Turner Valley to form the Town of Diamond Valley set out in the attached Appendix.

For Information only

Recommended by:��������� Minister of Municipal Affairs

Authority:���������������������������� Municipal Government Act
����������������������������������������������� (section 110)


 

APPENDIX

Municipal Government Act

ORDER AMALGAMATING THE TOWN OF BLACK DIAMOND
AND THE TOWN OF TURNER VALLEY TO FORM THE
TOWN OF DIAMOND VALLEY

1   In this Order,

�������������������������������� (a)��� �Minister� means the Minister of Municipal Affairs;

�������������������������������� (b)��� �New Municipal Authority� means the Town of Diamond Valley formed by the amalgamation of the Town of Black Diamond and the Town of Turner Valley;

�������������������������������� (c)��� �Old Municipal Authorities� means the Town of Black Diamond and the Town of Turner Valley.

2   A town having the name �Town of Diamond Valley� and comprised of the land described in the Schedule is formed by the amalgamation of the Town of Black Diamond and the Town of Turner Valley, effective January 1, 2023.

3   All liabilities, whether arising under a debenture or otherwise, and all assets, rights, duties, functions and obligations of the Old Municipal Authorities are vested in the New Municipal Authority and may be dealt with in its name.

4   Subject to the Limitations Act, all rights of action and actions by or against either of the Old Municipal Authorities may be continued or maintained by or against the New Municipal Authority.

5   Bylaws and resolutions of each of the Old Municipal Authorities continue to apply within the boundaries of the Old Municipal Authorities until the bylaws and resolutions are repealed, amended or replaced by the council of the New Municipal Authority.

6   An agreement between either of the Old Municipal Authorities and a person or corporation that relates to the land described in the Schedule is binding on the New Municipal Authority.

7   A reference to either of the Old Municipal Authorities in any order, regulation, bylaw, resolution, certificate of title, agreement or other legal instrument is deemed to be a reference to the New Municipal Authority.

8   On the formation of the New Municipal Authority, the employees of the Old Municipal Authorities are deemed to be employees of the New Municipal Authority.

9   The Minister may decide any question arising over the division or apportionment of the property, rights, assets and liabilities resulting from the formation of the New Municipal Authority.

10   The councils of the Town of Black Diamond and the Town of Turner Valley are dissolved on the formation of the New Municipal Authority.

11   Until the organizational meeting resulting from the first election, the interim council for the New Municipal Authority is comprised of the previous council members of each of the Old Municipal Authorities.

12   Until the organizational meeting resulting from the first election, the Chief Elected Official for the New Municipal Authority shall be elected from within the interim council.

13   Until changed by a bylaw of the New Municipal Authority,

�������������������������������� (a)��� the council of the New Municipal Authority consists of a Chief Elected Official and 6 other councillors,

�������������������������������� (b)��� the Chief Elected Official shall be elected at large, and

�������������������������������� (c)��� the 6 other councillors shall be elected at large.

14   In accordance with section 8 of the Local Authorities Election Act, nominations and the first election for the New Municipal Authority shall be held on dates fixed by the Minister.

15   An organizational meeting is to be held no later than 60 days after the date of the first election for the New Municipal Authority.

16   Until the new council otherwise directs, Shawn Patience, the Chief Administrative Officer of the Town of Turner Valley, is the Chief Administrative Officer of the New Municipal Authority.

17   The Minister may decide any questions arising from the organization and composition of the interim council.


 

SCHEDULE

LAND DESCRIPTION

 

ALL THOSE PORTIONS OF SECTIONS FIVE (5), SIX (6), SEVEN (7), EIGHT (8), NINE (9), SIXTEEN (16) AND SEVENTEEN (17), TOWNSHIP TWENTY (20), RANGE TWO (2) AND SECTIONS ONE (1) AND TWELVE (12), TOWNSHIP TWENTY (20), AND SECTION THIRTY-SIX (36), TOWNSHIP NINETEEN (19), RANGE THREE (3), WEST OF THE FIFTH (5) MERIDIAN DESCRIBED AS FOLLOWS:

COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTHWEST CORNER OF LOT 1 PLAN 941 1282 AND THE SOUTHERN BOUNDARY IN THE SOUTHEAST QUARTER OF SECTION NINE (9), TOWNSHIP TWENTY (20), RANGE TWO (2),WEST OF THE FIFTH (5) MERIDIAN,�

THENCE WESTERLY ALONG THE SOUTHERN BOUNDARY OF SAID QUARTER SECTION TO THE POINT OF INTERSECTION WITH THE NORTHEAST CORNER OF THE SERVICE ROAD INDICATED IN PLAN 475 LK IN THE NORTHEAST QUARTER OF SECTION FIVE (5), TOWNSHIP TWENTY (20), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN,

THENCE SOUTHERLY ALONG THE EASTERN BOUNDARY OF THE SERVICE ROAD INDICATED IN PLAN 475 LK TO THE POINT OF INTERSECTION WITH THE WESTERN BOUNDARY OF PLAN 001 1044 IN THE NORTHEAST QUARTER OF SECTION FIVE (5), TOWNSHIP TWENTY (20), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN,

THENCE SOUTHERLY ALONG THE WESTERN BOUNDARY OF SAID PLAN TO THE POINT OF INTERSECTION WITH THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION FIVE (5), TOWNSHIP TWENTY (20), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN,

THENCE WESTERLY ALONG THE SOUTHERN BOUNDARY OF SAID QUARTER SECTION TO THE POINT OF INTERSECTION WITH THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION FIVE (5), TOWNSHIP TWENTY (20), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN,

THENCE NORTHERLY ALONG THE WESTERN BOUNDARY OF SAID QUARTER SECTION TO THE POINT OF INTERSECTION WITH THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION EIGHT (8), TOWNSHIP TWENTY (20), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN,

THENCE WESTERLY ALONG THE SOUTHERN BOUNDARY OF SAID QUARTER SECTION TO THE POINT OF INTERSECTION WITH THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION SIX (6), TOWNSHIP TWENTY (20), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN,

THENCE SOUTHERLY ALONG THE EASTERN BOUNDARY OF SAID QUARTER SECTION TO THE POINT OF INTERSECTION WITH THE SOUTHERN BOUNDARY OF THE EAST-WEST ROAD ALLOWANCE IN THE SOUTHEAST QUARTER OF SECTION SIX (6), TOWNSHIP TWENTY (20), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN,

THENCE WESTERLY ALONG THE SOUTHERN BOUNDARY OF SAID EAST-WEST ROAD ALLOWANCE TO THE POINT OF INTERSECTION WITH THE NORTHEAST QUARTER OF SECTION THIRTY-SIX (36), TOWNSHIP NINETEEN (19), RANGE THREE (3), WEST OF THE FIFTH (5) MERIDIAN,

THENCE SOUTHERLY ALONG THE EASTERN BOUNDARY OF SAID QUARTER SECTION TO THE INTERSECTION WITH THE SOUTHERN BOUNDARY OF PLAN 110 LK,

THENCE WESTERLY ALONG THE SOUTHERN BOUNDARY OF SAID PLAN TO THE POINT OF INTERSECTION WITH THE WESTERN BOUNDARY OF THE NORTHEAST QUARTER OF SECTION THIRTY-SIX (36), TOWNSHIP NINETEEN (19), RANGE THREE (3), WEST OF THE FIFTH (5) MERIDIAN,

THENCE NORTHERLY ALONG THE WESTERN BOUNDARY OF SAID QUARTER SECTION TO THE POINT OF INTERSECTION WITH THE NORTHERN BOUNDARY OF PLAN 110 LK IN THE SOUTHEAST QUARTER OF SECTION ONE (1), TOWNSHIP TWENTY (20), RANGE THREE (3), WEST OF THE FIFTH (5) MERIDIAN,

THENCE NORTHERLY ALONG THE WESTERN BOUNDARY OF SAID QUARTER SECTION PROJECTING NORTHERLY ACROSS THE SHEEP RIVER TO THE POINT OF INTERSECTION WITH THE NORTH BANK OF THE SHEEP RIVER IN THE SOUTHEAST QUARTER OF SECTION ONE (1), TOWNSHIP TWENTY (20), RANGE THREE (3), WEST OF THE FIFTH (5) MERIDIAN,

THENCE NORTHWESTERLY ALONG THE EAST BANK OF THE SHEEP RIVER TO THE POINT OF INTERSECTION WITH THE NORTHWESTERN BOUNDARY OF PARCEL Y PLAN 7022 ED IN THE SOUTHWEST QUARTER OF SECTION ONE (1), TOWNSHIP TWENTY (20), RANGE THREE (3), WEST OF THE FIFTH (5) MERIDIAN,

THENCE EASTERLY ALONG THE NORTHERN BOUNDARY OF SAID PLAN TO THE POINT OF INTERSECTION WITH THE WESTERN BOUNDARY OF THE SOUTHEAST QUARTER OF SECTION ONE (1), TOWNSHIP TWENTY (20), RANGE THREE (3), WEST OF THE FIFTH (5) MERIDIAN,

THENCE NORTHERLY ALONG THE WESTERN BOUNDARY OF SAID QUARTER SECTION TO THE POINT OF INTERSECTION WITH THE SOUTHERN BOUNDARY OF PLAN 011 2320,

THENCE NORTHERLY ALONG THE WESTERN BOUNDARY OF SAID PLAN TO THE POINT OF INTERSECTION WITH THE SOUTHWEST CORNER OF PLAN 791 0635,

THENCE NORTHERLY ALONG THE WESTERN BOUNDARY OF SAID PLAN TO THE POINT OF INTERSECTION WITH THE SOUTHERN BOUNDARY OF PLAN 6098 EB IN THE NORTHWEST QUARTER OF SECTION ONE (1), TOWNSHIP TWENTY (20), RANGE THREE (3), WEST OF THE FIFTH (5) MERIDIAN,

THENCE WESTERLY ALONG THE SOUTHERN BOUNDARY OF SAID PLAN TO THE POINT OF INTERSECTION WITH THE EASTERN BOUNDARY OF LOT 1 PLAN 901 0729,

THENCE NORTHERLY ALONG THE EASTERN BOUNDARY OF SAID PLAN TO THE POINT OF INTERSECTION WITH THE SOUTHERN BOUNDARY OF THE SOUTHWEST QUARTER OF SECTION TWELVE (12), TOWNSHIP TWENTY (20), RANGE THREE (3), WEST OF THE FIFTH (5) MERIDIAN,

THENCE EASTERLY ALONG THE SOUTHERN BOUNDARY OF SAID PLAN TO THE POINT OF INTERSECTION WITH THE WESTERN BOUNDARY OF PLAN 6315 Q,

THENCE NORTHWESTERLY ALONG THE WESTERN BOUNDARY OF SAID PLAN FOR A DISTANCE OF 152 METRES MORE OR LESS TO THE POINT OF INTERSECTION WITH THE WESTERLY PROJECTION OF THE SOUTHWEST CORNER OF PLAN 911 0131,

THENCE PROJECTING EASTERLY ACROSS PLAN 6315 Q TO THE POINT OF INTERSECTION WITH THE SOUTHWEST CORNER OF PLAN 911 0131 AND THE EASTERN BOUNDARY OF PLAN 6315 Q,

THENCE NORTHWESTERLY ALONG THE EASTERN BOUNDARY OF PLAN 6315 Q TO THE POINT OF INTERSECTION WITH THE NORTHWESTERN BOUNDARY OF PLAN 8054 EK,

THENCE EASTERLY ALONG THE NORTHERN BOUNDARY OF SAID PLAN TO THE POINT OF INTERSECTION WITH THE WESTERN BOUNDARY OF THE SOUTHEAST QUARTER OF SECTION TWELVE (12), TOWNSHIP TWENTY (20), RANGE THREE (3), WEST OF THE FIFTH (5) MERIDIAN,

THENCE NORTHERLY ALONG THE WESTERN BOUNDARY OF SAID QUARTER SECTION TO THE POINT OF INTERSECTION WITH THE SOUTHERN BOUNDARY OF PLAN 490 LK IN THE SOUTHEAST QUARTER OF SECTION TWELVE (12), TOWNSHIP TWENTY (20), RANGE THREE (3), WEST OF THE FIFTH (5) MERIDIAN,

THENCE EASTERLY ALONG THE SOUTHERN BOUNDARY OF SAID PLAN TO THE POINT OF INTERSECTION WITH THE WESTERN BOUNDARY OF PLAN 6703 HX AND THE NORTHEASTERN BOUNDARY OF THE SOUTHEAST QUARTER OF SECTION TWELVE (12), TOWNSHIP TWENTY (20), RANGE THREE (3), WEST OF THE FIFTH (5) MERIDIAN,

THENCE PROJECTING EASTERLY ACROSS PLAN 6703 HX TO THE POINT OF INTERSECTION WITH THE EASTERN BOUNDARY OF SAID PLAN AND THE NORTHERN BOUNDARY OF THE SOUTHWEST QUARTER OF SECTION SEVEN (7), TOWNSHIP TWENTY (20), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN,

THENCE WESTERLY ALONG THE NORTHERN BOUNDARY OF SAID QUARTER SECTION TO THE NORTHEAST CORNER OF SAID QUARTER SECTION,

THENCE SOUTHERLY ALONG THE WESTERN BOUNDARY OF SAID QUARTER SECTION TO THE POINT OF INTERSECTION WITH THE SOUTHERN BOUNDARY OF PLAN 3814 JK AND THE SOUTHWESTERLY PROJECTION OF THE RIGHT BANK OF THE SHEEP RIVER IN THE SOUTHWEST QUARTER OF SECTION SEVEN (7), TOWNSHIP TWENTY (20), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN,

THENCE PROJECTING NORTHEASTERLY ALONG THE SOUTHERN BOUNDARY OF SAID PLAN TO THE POINT OF INTERSECTION WITH THE RIGHT BANK OF THE SHEEP RIVER,

THENCE EASTERLY ALONG THE RIGHT BANK OF THE SHEEP RIVER TO THE POINT OF INTERSECTION WITH THE EASTERN BOUNDARY OF THE SOUTHEAST QUARTER OF SECTION SEVEN (7), TOWNSHIP TWENTY (20), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN,

THENCE PROJECTING NORTHERLY ACROSS THE SHEEP RIVER ALONG THE EASTERN BOUNDARY OF SAID QUARTER SECTION FOR A DISTANCE OF 82 METRES MORE OR LESS TO THE POINT OF INTERSECTION WITH THE SOUTHWESTERLY PROJECTION OF THE SOUTHERN BOUNDARY OF PLAN 3814 JK,

THENCE NORTHEASTERLY ALONG THE SOUTHERN BOUNDARY OF SAID PLAN TO THE POINT OF INTERSECTION WITH THE NORTHERN BOUNDARY OF LOT 1 PLAN 801 0142 AND THE NORTHERN BOUNDARY OF THE SOUTHWEST QUARTER OF SECTION EIGHT (8), TOWNSHIP TWENTY (20), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN,

THENCE EASTERLY ALONG THE NORTHERN BOUNDARY OF SAID PLAN TO THE POINT OF INTERSECTION WITH THE SOUTH BRANCH OF THE SHEEP RIVER AS SHOWN ON THE TOWNSHIP PLAN DATED 15 AUGUST 1906,

THENCE NORTHEASTERLY ALONG THE SOUTH BRANCH OF THE SHEEP RIVER AS SHOWN ON THE TOWNSHIP PLAN DATED 15 AUGUST 1906 IN THE NORTHWEST QUARTER OF SECTION EIGHT (8), TOWNSHIP TWENTY (20), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN TO THE POINT OF INTERSECTION WITH THE WESTERN BOUNDARY OF THE NORTHEAST QUARTER OF SECTION EIGHT (8), TOWNSHIP TWENTY (20), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN,

THENCE NORTHERLY ALONG THE WESTERN BOUNDARY OF SAID QUARTER SECTION TO THE POINT OF INTERSECTION WITH THE SOUTHERN BOUNDARY OF PLAN 3814 JK,

THENCE EASTERLY ALONG THE SOUTHERN BOUNDARY OF SAID PLAN TO THE POINT OF INTERSECTION WITH THE EAST BANK OF THE SHEEP RIVER,

THENCE NORTHEASTERLY ALONG THE EAST BANK OF THE SHEEP RIVER TO THE POINT OF INTERSECTION WITH THE SOUTHERN BOUNDARY OF THE NORTHEAST QUARTER OF SECTION SEVENTEEN (17), TOWNSHIP TWENTY (20), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN,

THENCE EASTERLY ALONG THE SOUTHERN BOUNDARY OF SAID QUARTER SECTION TO THE POINT OF INTERSECTION WITH THE WESTERN BOUNDARY OF THE NORTHWEST QUARTER OF SECTION SIXTEEN (16), TOWNSHIP TWENTY (20), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN,

THENCE NORTHERLY ALONG THE WESTERN BOUNDARY OF SAID SECTION TO THE POINT OF INTERSECTION WITH THE EAST BANK OF THE SHEEP RIVER,

THENCE NORTHEASTERLY ALONG THE EAST BANK OF THE SHEEP RIVER TO THE POINT OF INTERSECTION WITH THE NORTHERN BOUNDARY OF THE NORTHWEST QUARTER OF SECTION SIXTEEN (16), TOWNSHIP TWENTY (20), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN,

THENCE EASTERLY ALONG THE NORTHERN BOUNDARY OF SAID QUARTER SECTION TO THE POINT OF INTERSECTION WITH THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION SIXTEEN (16), TOWNSHIP TWENTY (20), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN,

THENCE SOUTHERLY ALONG THE EASTERN BOUNDARY OF SAID QUARTER SECTION TO THE POINT OF INTERSECTION WITH THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION NINE (9), TOWNSHIP TWENTY (20), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN,

THENCE SOUTHERLY ALONG THE EASTERN BOUNDARY OF SAID QUARTER SECTION FOR A DISTANCE OF 19.7 METRES MORE OR LESS TO THE POINT OF INTERSECTION WITH THE WESTERLY PROJECTION OF THE NORTHERN BOUNDARY OF PLAN 901 1745 IN THE NORTHEAST QUARTER OF SECTION NINE (9), TOWNSHIP TWENTY (20), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN,

THENCE PROJECTING EASTERLY TO THE POINT OF INTERSECTION WITH THE NORTHERN BOUNDARY OF PLAN 901 1745 AND THE SOUTHERN BOUNDARY OF PLAN 901 0969 IN THE NORTHEAST QUARTER OF SECTION NINE (9), TOWNSHIP TWENTY (20), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN,

THENCE EASTERLY ALONG THE SOUTHERN BOUNDARY OF PLAN 901 0969 TO THE POINT OF INTERSECTION WITH THE NORTHERN BOUNDARY OF THE EAST-WEST ROAD ALLOWANCE IN THE SOUTHEAST QUARTER OF SECTION SIXTEEN (16), TOWNSHIP TWENTY (20), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN,

THENCE EASTERLY ALONG THE NORTHERN BOUNDARY OF THE EAST-WEST ROAD ALLOWANCE TO THE POINT OF INTERSECTION WITH THE EASTERN BOUNDARY OF THE SOUTHEAST QUARTER OF SECTION SIXTEEN (16), TOWNSHIP TWENTY (20), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN,

THENCE SOUTHERLY ALONG THE EASTERN BOUNDARY OF SAID QUARTER SECTION TO THE POINT OF INTERSECTION WITH THE NORTHERN BOUNDARY OF LOT 1 PLAN 941 1282 IN THE SOUTHEAST QUARTER OF SECTION NINE (9), TOWNSHIP TWENTY (20), RANGE TWO (2), WEST OF THE FIFTH (5) MERIDIAN,

THENCE SOUTHWESTERLY ALONG THE WESTERN BOUNDARY OF SAID PLAN TO THE POINT OF COMMENCEMENT.