Bill 17 (Legislature 1, Session 3)

L1 S3 10337

Alberta — Bills

AN ACT ~ETlATING TO THE TOWN OF r'IAGRATH •••••••••••• -._ ....... _.-1t\. ••• --..---..---.---..-·-·---••••••••••••••••• ;~~®~J by and with tho. ndvioo and consent of the TJe~ielntive Assembly of tho Province of Alberta_, enacts as f~llow~ -'- 1.

The council of t11e Town of r:~crath in nddi tion to any powers now possessed by it shall have power to enter into con tracts and agreements \Vi th any parson or corporation for such period not in.the first instance to oxoeod thirty yonrn nn rno.y be thought desirable for the supply of Wt.+ter to tho town or the inhabi·tantf:\ thoro of whe thor by waterworks or irrigntion ditohos or otherwise for domestic, irrigation or other pnrpoAoa nnn t.o con trnre t and agroo to purchase from any anch porson or corporation for such consideration af\ to t.he ccmncil mny soom proper any water or 'm.ter rights. 2.

Any oontraot Antered into under tho preooding aootion ...,; of this ~ct may bo reqawed from timo t.o timo for. flnch poriod not to exceed ten years as the council mny dctormino. ~· The oounoil may in addition to nJ.l )10\Y&rfll now porm- essod by it possoss also tl1o power to regulate tho dintribntion nnd use of \Yater to the inhq._bi t0:pts of th~ town whtlthor by ,•' 'I wator•.vorks, irrigation di tchea ..-or othemiso in all plncos and \Vhi. ch for ull r~urposes in or for"_tho nnme may bo rELj_Uirnd and from timo to time t6 fix prices for th~ supply and na& thereof and - - . the mannor of paymon tj to do torrnine tho person nnd por~ons linblcto make such payment and to make n difference botwoen the rates and prices charged to different use9rR of water in roapoct of tho quantity of water used or tho pnr.poao for which it is re-1uirod; to construct -• rnaintai.n and operate such hydrants 1 ditches or reservoirs and in such places as they shall see fit and to direct in wlm t manner and for what ·purpose tl10 same may be used; all of which they may alter and change at their discretion.

(2) Any sum payable by the owner or occupant of any house, tenemant, lot or parcel of lancl for water surpl:ied to him or for -nRe _in or upon Any sncl1 house, tenement, lot or po.rcel , ancl all rates, costs and charges irrposed under nn.\T bylaw or resolution pas;~ed in pursnance of this Act shall he a lien or cN1rge on tlte said house, tenemant, lot or parcel and may be levied ot collected in like manner as municipal rates and taxes nre by law collectnble. 4-.

The council, their aGents, officers or servants shall have rorror to en tor upon' tn.L::e ' use ana acquire oi thor by o.creemnn t wi tll or 1.vi thou t the c anson t of the owner so munh real prorerty as may be required for tho purpose of carrylnc water by dl tches throuchout the town a:· d to make such compensaj~ion for an.v reDl property so acquired asr'1ay be agreed with the owner; }1 rovided however thoJ; no such real property shall 'f,e acquired without t 1w c on;.Jen t of the owner or ovmers thereof unlesf) the same is necef~sary for the purpose of reachinc a point wl;ere distrilwtlon of such water is reqn~_red when ;-::nch point could hot otherwise conveniently be reached by tl1e ditch; and Provided also that due comrensa tion shall be rna(:.e for any real rroper t,v so acqnirecl to the ~~art~ es entitled t1wre to and cJne provision rnade for bridges whore required Sllch eompensation r1nd provision to l;e determined by .arbitration under the provisions of TH::; UUIJI(;ll'i~L ORDinn;cE where a mu tnal agreement is not possible. 5.

The council may from time to time make and enforce necessary bylaws. rule~ and regulations not inconsistent with •.) -<.)- any law in force in the Province of Alberta for t1l e general management maintenance and conduct of the waterworks or irrigation works or di tcl1es and of the officers and others employed in connection wi th them, for the coJlecttion of the rates and charges for water supplied there16y, for the prevention and punishment of E1IlY unauthorized in terference with or damage or injury done to any such water or irrig ation works or ditches, attc.chments or connections, for fixing the time or times v1hen and the places where the rates ancl charges sh.'l.J_'_ be rayableand for allovving a discount for repayment, r-wd for pre scribing tho penalties to be incurred by any person improperly using removing or appropriating water from said ditches or works. (~) In case of default of T'~~rment ctb-,qn~ snch water rntes or c1Ktrgo::: tJ1e council rn'lV enforce l"~n~·rron t by shutting off tho water or by actnon in any court of competent jurisdiction or by distress and salo of the goods ancl chattels of t11e owner or Qoccupan t or of any goods or chat tel s in his no S~5essi on wheroil.ler tho. smno may be found ; n tho muni_cipali t,;; or of n11y coocls ancl cJw.

Hels tho property of or in tr1epossension of any other occupant of the premisesl but where tbe arrears exceed tl1ree months no distress shall be made of any goods or chattels which are not the property of the p~rson liable for tho rate.

(3) Tho distress and sale may be conducted in the same manner as sales are conducted for arrears of taxes and the costs clJRrgoal;le sha.ll be those }Jreseribed for distress Uildor THE~ I.IUI'JICIPAL ORDII~ANCl~. ( 4-) The attempt to collect the rate or charge by f!.ny process l1ereinbefore authorized shall not in any \7ay invalidate the lien upon t1w premises as hcrein1)efore provided.

(5) In the event of the rate or charge rerwjn_:_ng uncollected and nnpaid and cant inning a lien upon the said prerlises as aforesaid tlJe collector shall make a return showing the amount of tho rate so i11 arrear together with all costs and charges in connection therewit~· ' , und t11e sa.me sljall be returned by the collector to the secretary- treas- nrer of the municipality at least once 1·." a eve1y year and On SUCh day or days as may be fixed by the council by bylaw in thnt behalf; and the same together with intere;ot at the rate of ten per cent :-,or annum tl1orcoJ1 fhall be collected hy the secretary-treasurer by t1w sale of theland ancl premises in tho samo manner ancl subject to tho same rrovisions as in tho case of R sale of land for arrears of municipal taxes. 6.

The municipnlity shall not be liable for damaces caused b.:' tl1e breaking of any service r~ipes or attachrwnts or the b~1rsting of any ditches, flumes. gates or other portion of ~mch water or irrigation \Yorks, ditches or connections or for any interfenwco w_i_th tr1 e water supply necessary for repair or proper main terrance of t11 e soi CJ y)ipes, at tnchmonb; or ditches or connections of tho same. Title: 1908 (1st, 3rd) Bill 17,

An Act relating to the Town of Magrath

Document details

Collection	Alberta — Bills
Citation	L1 S3 10337
Type	bill
Volume / chapter	L1 S3 10337
Language	en
Format	json
Source	PROVINCIAL
Identifier	0a4ef4c01b740117395879cc0196c22a33030ec6

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