Title
Road Closure Bylaws 2017-23, 2017-24, 2017-25 and 2017-26 (TransAlta Highvale Mine Pit 9 Expansion)
Proposed Motions
1. That Bylaw 2017-23 receive second reading.
2. That Bylaw 2017-23 receive third reading.
3. That Bylaw 2017-24 receive second reading.
4. That Bylaw 2017-24 receive third reading.
5. That Bylaw 2017-25 receive second reading.
6. That Bylaw 2017-25 receive third reading.
7. That Bylaw 2017-26 receive second reading.
8. That Bylaw 2017-26 receive third reading.
Body
Administration Recommendation
Administration supports the proposed motions.
Purpose
To close sections of undeveloped and developed road allowance for the purpose of lease.
Summary
On April 29, 2008, Council approved TransAlta Corporation's Memorandum of Agreement (MOA) which outlines the plans for expansion within Highvale Mine and the subsequent closure of required statutory road allowances. The process for road closures is outlined in the MOA and states that roads are subject to the final passing of a bylaw.
The Municipal Government Act (MGA) of Alberta requires road closures to be advertised, obtain Minister of Transportation approval and allow persons who claim to be harmed by the bylaw to be heard by Council. The County has satisfied legislative requirements by advertising and conducting public hearings; Bylaws 2017-24, 2017-25 and 2017-26 public hearings took place on September 26, 2017 followed by Bylaw 2017-23's public hearing on October 10, 2017. Road closure approval for the four (4) Bylaws was obtained from the Minister on February 8, 2018.
Strategic Plan/Policy/Legal/Staff Implications
The request complies with Section 22 of the MGA and the County's Road Allowances and Diversions - Sales, Lease or Permitting Policy EN 009.
Financial Impact:
Revenue: Annual Road Right-of-Way lease rate per acre as set out in Parkland County's Fees & Charges Schedule, property tax on leased lands.
Source of Funding: N/A