Bill 33 (Legislature 2, Session 3)

L2 S3 10738

Alberta — Bills

BILL No. 33 of 1911.

An Act to permit the Council of the City of Edmonton without referring the matter to the Burgesses to enter into an Agree ment with the Calgary and Edmonton Railway Company and the Canadian Pacific Railway Company for the purpose of varying a certain Agreement made between said City and s~id Companies and set out as a

Schedule to

Chapter 5 of the Statutes of Alberta, 1910 (First Session). (Assented to 1911.)

WHEREAS a petition has been presented by the municipal corporation of the City of Edmonton alleging that certain errors have been discovered in the plans and specifications referred to in a certain agreement dated the 20th day of October, 1909, made and entered into between the City of Edmonton, the Calgary and Edmonton Railway Company and the Canadian Pacific Railway Company and validated and confirmed by

chapter 5 of the Statutes of Alberta 1909 (First SeHsion), and praying that the council of the City of Edmonton may without referring the matter to the burgesses for their assent enter into the agreement printed as a

schedule hereto in order to rectify the said errors and to provide for certain changes in the works mentioned in said validated agreement, and it is expedient to grant the prayer of said petition; Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The council of the municipal corporation of the City of Edmonton may and they are hereby authorized and empowered, without referring the matter to the burgesses for their assent, to enter into and have executed by and on behalf of the city the agreement printed as a

schedule hereto. 2. The said agreement upon· being executed by the said city and the said the Calgary and Edmonton Railway Company and the Canadian Pacific Railway Company shall be valid and binding upon the parties thereto. 3.

In the event of any further errors being discovered in the plans and specifications relating to the works contemplated by said agreement of the 20th day of October, 1909, or any necessary changes therein being expedient for the proper carry ing out of said works the council of the City of Edmonton may and they are hereby authorized and empowered, without referr ing such matters to the burgesses for their assent, to enter into any further or other agreement with said railway companies that it may deem expedient. 4.

Nothing in this Act shall be deemed to authorize the said council to borrow any moneys for the purposes aforesaid except in the manner provided by The Edmonton Charter.

2 SCHEDULE. MEMORANDUM uF AGREEMENT made in triplicate this Thirtieth day of November, A.D. 1911. Between- THE Cn'Y oF EDMONTON, hereinafter called "the Corporation," Of the First Part, and THE CALGARY AND EDMONTON RAILWAY CoMPANY, hereinafter ·called "the C. & E. Company," Of the Second Part, and THE CANADIAN PACIFIC RAILWAY CoMPANY, herein after called "the Pacific Company," Of the Third Part.

Whereas by a certain agreement made between the parties hereto and dated the twentieth day of October, A.D. 1909, validated and confirmed by Act of the Legislature of the Prov ince of Alberta, being

chapter 5 of the Statutes of the Province of Alberta passed in the tenth year of the reign of His Maje:-:;ty King Edwanl the Seventh the parties hereto c·oYenanted and agreed with respect to tho construction of certain works in said in part recited agreement more particularly mentioned to be performed in accordance with plans and specifications to said agreement annexed; And

whereas certain errors have been discovered in the said plans and specifications and it is desirable to substitute new plans in lieu thereof in order to rectify the said errors and to proYide for certain changes and alterations in the said works now desired by the corporation; Therefore it is mutually understood and agreed by and between the parties hereto: 1.

That the plam< hereto annexed marked "A", "B ", "C ", "D" and "E" respectivnly be and the same are hereby sub stituted for the rcspccth·c plans "A", "B ", "C ", "D" and "E" ::tttached to the said in part recited agreement of the twentieth day of October, A.D. 1909, and the said agreement shall be read and construed in all respects (mutatis mutandis) as if the said substituted plans hereto annexed were now and had always been the plans attached to said in part recited agreement and the said in part recited agreement is hereby amended aecordi ngly. 2.

That the bridge at Victoria Avenue shall in accordance with the substituted plan thereof hereto annexed be forty-two feet in width instead of forty feet as in said in part recited agreement mentioned; and the corporation will pay to the Pacific Company upon the commencement of the construction of said bridge at Victoria AveHue the sum of one thousand three hundred dollars ($l,300.00), being the amount fixed upon between the parties hereto as the difference between the cost of a forty and a forty-two foot bridge. 3.

That the bridge at :\lcKay Avenue shall in accordance with the :'mbstituted plan thereof hereto annexed be fifty-two feet in width inskad of fifty feet as in saiu in part recited agree ment mentioned; and the corporation will pay to the Pacific Company upon the comme11cement of the construction of said bridge at McKay AYenue the sum of one thousand three hundrPd

3 dollars ($1,300.00), being the amount fixed upon between the parties hereto as the difference between the cost of a fifty and a fifty-two foot bridge. 4.

That the subway at Jasper Avenue shall in accordance with the substituted plan thereof hereto annexed be one hundred feet in width instead of Pig;hty feet as in said in part recited agreement mentioned; and the corporation will pay to the Pacific Company upon the commencement of the construction of said subwav the sum of five thousand four hundred dollars ($5,400.00), b~'ing the amount fixed upon between the parties hereto as the diffQn'nce between the cost of a sixty foot subway as originaUy proposed and .. the hundred , foot subway with approaches from Tenth Street as shown upon .the plan thereof hereto an~cxccL The said payment of five thousand, four hundred dollars ./$5,400.00) shall be in lieu of the payment of fiVC' thousand five humlre<l dollars ($5;.500.00) in said in part recitrd agreement melltioned. . 5.

Provided and it)t> understood and agreed that the C. & K and Pacific CompaniPs shall not be. obliged to do any work in <'Onncction,with the construction of those portions of the Jasper A venue subway and Mc~\:ay and Victoria A venue bridges which lie to the east of the. west limit of Ninth Street.

Ami pro~rided .fu~·tl~<T and· the corporation agrees that the eorporatio~t shall do a:ll work in connection with the diversiou of the street railway tracks and appliances for the purpose of the construction of the said subway and relay same through the said subway upon the completion thereof, the companies ngn'eing to permit the corporation to use such portions of the lands of either of them as may be required for such diversion during the time of the construction of the said subway. G.

That the said in part recited agreement of the twentieth day of October, A.D. 1909, is hereby ratified and confirmed subject to such variations and alterations therein as are hcre inbdorC' mPntioned.

In witness whereof the parties hereto have excuted these presents.

No. 33 THTR D SESSION SECOND LEGISLATURE 2 GEORGE V 1911 BILL

An Act to permit the Council of the City of Edmonton without referring the matter to the Burgesses to enter into an Agreement with the Calgary and Edmonton Railway Company and the Canadian Pacific Railway Company for the purpose of varying a certain Agreement made between said City and said Companies and set out as a

Schedule to

Chapter 5 of the Statutes of Alberta, 1910 (First Session). Received and read the First time ............... . Second time ................. . Third time .................. . ED!Il 0.\TlE\: JA~JE,.. F RICH.IflDS, GovPmment Printe1 "-.D. 1911 Title: 1911 (2nd, 3rd) Bill 33,

An Act to permit the Council of the City of Edmonton without referring the matter to the Burgesses to enter into an Agreement with the Calgary and Edmonton Railway Company and the Canadian Pacific Railway Company for the purpose of varying a certain Agreement made between said City and said Companies and set out as a

Schedule to

Chapter 5 of the Statutes of Alberta, 1910 (First Session)

Document details

Collection	Alberta — Bills
Citation	L2 S3 10738
Type	bill
Volume / chapter	L2 S3 10738
Language	en
Format	json
Source	PROVINCIAL
Identifier	29dbcf8ff59b99da0d80621797349f9723ea2cea

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