Bill 82 (Legislature 3, Session 1)

L3 S1 10594

Alberta — Bills

BILL (Assented to 1913}

WHEREAS john Walters, Kenneth A.Ko Leod, Daniel Robert Fraser, John Macdona1d and John Xenneth Kaodonald have by their petition p:ra;ved that the;y JDa1' be incorporated under tho title of ''Athabaaca Gas and Eower Transmission Oo.mpany with the powers hereinafter con ferred; AND WH~i.3AS it is deemed expedient to grant the prayer o£ the said petitioners; !H3REF1JRE Bis Majesty by and with the advice and consent of the Legislative Assemb~ of the Province of Alberta, enacts as follows: 1. John Walters, Kenneth A.

Me Leod, Daniel Robert Fraa~r, John Macdonald and John Keaneth Macdonald and such other pwreona as now are or hereafter shall become members of the said oompaa1, are hereby declared to' be a cbocl;y corporate and politic b;y an4 under the name of "Athabasca Gas ahd Power Transmission Comp~" and by that name shall ha•e Ferpetual succession and a common seal and shall have power from time to time and at all times hereafter to be able and capable to purohase, lease, acquire, hold,'possess and enjoy, and t~ hsve, take and reoeive to them and their successors to and for the aotual use of the said company an~ lands, tenements, hereditaments and real ana immovable property and estate and also moveable and personal property and the same to sell, lease, alienate, exchange and

#2 • . otherwise dispose of or encumber whensoever the said coljpa.ny may deem it proper a to do so and by the sa.ma name shall and may be able and capable to sue and be S"J.ed, implead and be impleaded answer and be. answered tmto any matter whatsoever and to carry on within the .Province of Alberta the baainess of a gas and ;;ower purchasing, transmitting and selling company in all of its branches and in particular to or from s~e point et or near ?elican Rapids or at or near.

Grand Rapids on the Athabeaoa Ri~er in the said ~rovince to the corporate limits of any city or town within the said Province, construct, lay down, establish, fia and carry out all nscassar,r trenches, excavations, cables, wires, lines, equipment, towers and works and to bore for, procure and purchase natural gas and power and to tranemit,aooumulate, distribute supply and sell and enter into contracts for the sale or supply of gas, electricity ~nd powee and to carr.y on tho business of electricians and chemical eagineers, suppliers of electricity power and gas for the purposes of light, heat • motive power or otherwise- and with power to con• etruot, lq, relay. take up, conneot. disconnect, repair, maintain and operate along, across or under any highwa7S bridges. waters, watercourses, and streams any and all necessary linea, conduits, cables, poles, wires or t .. ers for the proper carrying out of the powers hereby conferred, end sub3eot to the restrictions hereinafter set out t0 enter upon any lands for the purpose of constructing, laying and maintaining any and all necessary lines, conduits, cables poles. wires or towers or other plant or d•}Uifilllellt neoessary for the pur~oses of its undertaking. 2.

In this Aot where the following words occur they shall be con•

w5 • strued in tho trH::t.Dtlar horainsf'tar mentioned unless a contra17 1:nta.nt1on (l} "Land'' or "Lands" shall include a.ll rea,l erte.te, mesauages. lands, te::1aments and hereditaments of sny tan.ure; ( 2) "Lieute:r.umt Go"'ter:nor in Oounc111f shall mean the Lieute::'l&nt Govtlrnvr in Council of the .:•rovinoe of A1 berta; (3) wa1ahwa7s" shall mean~any public road, street, lane or other publio way o~ •omrnmicati~ (4) "Company" shall maan ,.,.thabaeca Gas & Rower !raasmission Company and its successors and set~1gns. 3. :rile powers herein confer:t·ecl 1!f3 be exorcised w1tll1D the limite of an-r city or to1'111 but not unleee and tmt 11 the oompuy shall :first obtain the ooneent o:f the Oounoil of euoh city or town, suob consent to be by by-law on su.oh tGms ana conditions as the by-law 1183 provide. 4.

Subject as hereina.fter provided the CompSlly may break up, dig, trench and use ao muoh atld so m8J3l' of the hish'tf&78 w1 thout the limi ta of a.,- city or t OW1l ae are neoeesar.v for lq1Dg the M1n8, p1:pee ana lines to oonduot. transmit or carry gas, elaotr1o1t7 or power, aoing DO unneoer.~ sary aamase 1n tha premises aztd taldJlg care as far as mq be to preserve a i~ee and uninterrupted passage over the said hiShwa,a aDa if an7 question lhall arise as to Whether the oonstruotione and main• tenanoe ot· said service interferes undul7 with suoh free aad uninter• rupted passage over euch highway the Lieutenant Governoa in Council ma;,v pass resul.atioJUJ which shall be bt.b41Ds upon the Oompa~ for the preaerTat ion, so far as possible of such fTee ana uninterrupted passage. 6.

I£ any o:l the Oompany'e lin$S, conduits. oabl~s polea, wlrea or towers or 8J.'1il o£ ita equ.1pm<mt neoes:::ar;v for the purpose of ita

undertaking have been placed upo~, in or under any land which subsequent ly becomes· part of a highway the rights of the company to the use and ooclllpation of such highway shall continue in all particulars subject to the restrictions and regulations imposed by

Section 4 hereof. 6. If any of the company's lines, conduits, cables, poles, wires or towers or 887 of' its equipment necessary for the purpose of its un~ertaki:ng have been placed upon, in or under any lad which subse quently becomes private property or becomes vested in His Majesty ill the right of the Province the rights of the compa~ to the use and occupation~ of the land so occupied shall be•.)« are hereby continued subject. in the case of private property, to payment of the value to the owner as provided in

Section ? hereof. 7. !he Compaay is hereby authorised and empowered to take acquire private lands within the said Province for the purpose of a right of-way for its lines, conduits, cables, poles, wires or tewers or any of its equipment necessary for the purpoee of its undertaking with the powers and on the terms and conditions and in the manner following:

(1) The Oompa.ny shall prepare a map or maps ehaR ing the locatiOD of its lin~s, conduits, cables, poles, wires or towers or other necessary equipment 1n respect to the lands it is desiredto take an4 give sudh further and other information as the Lieutenant Governor in Oounoil •ay require.

(2) Subsections 2 to 6 both inclusive of

Section 72, sections 73 to SO both inclusive, sections 83 to 90 both inclusive and sections 93 to 120 ~oth· inclusive of The Railway Act, being ohapter 8 of the Statutes of Alberta for the year 190?, subJect to tha following al*.x

alt,lrations al&all bo and the same are h•reb7 incorporated with s.nd £'tlall b~ deemed to 'be a part oi· thif! .o\ot; {

a) Strike out thf.t worcla "'railwaytt and ltrailwo.ye•• tu:td ·"rail71&Y litu.,.a'' and 11 lil'le o:r railway" w'herever tbll!~/ a.ppaar in the s.b.:>v·c m~nt ion• ed eeotio:ns ana ineort 1n tho pl>:-tce thereof the -woras~~linea,condults, cs,bl'ls, ptlles, wiros or tot;~Jr& n:r- other n•J.::t:useary t'iUipment" 1:t: tha OompaJ:$'3• ('b) $triko out tht wor4s "J>roi'ila" aD4 pro:t1l!:te" wherever thq app.ar in thG abov• ~nt1oaed sootiona. { o) $tr1ktt out t.h~ words "&tat Ua~ a !Jpeoie.l .f-At :iut··- or1zlnG the CO!Ht"trt~ct1on of suGh ra~l.way an4 •• where they app(}a.r ill eu.i:u~<tction a of e~ction 'lt. (

I) ttr1ke out th• words"subJaot to the speoiaU ~let"' wbsre tbq a~;pllar in f!"J.beeoti()!\ 5 of fh10tion '72. (e) ( .. trike out tho worcia !'!over six ~i.l>~u; in leDgtlln 7ihere tbq appear itt eu))s'eot 1o.n 4 of eo at ion '12 anii inaert 1nstEH'U1 the wort a ... ' •oute14e of 8117 or all o1t1ee cr towns wi~in the said ProVince. (f) &trike ov.t the worde "the profile ehall lhow the.sra4ea, eurves. hlfb1f&7 tm4 ra1l'ml7 eroe&1Dga, open dra1as azul watercourses" whero thoy occur in .&ubsootion 5 of t6~tion 72. tsJ strilte outtlW word a·~ "an4 the gradee alliourT$e the.reot~en they apt»ear in

section 'i'3• (ld t)trihe ou.t tha wllria "fh:~t ~ot~~:~ ln thif. t,nction shall b• taken t•: autr.Lor1aa a.n,- extension of tht~ ra1lny beyond the terminal mtmt1one4 1n the spooial "ao"t" tn i'ectl.on '19.

(1) Strilte out all tho vJor~lfi t.lr~or the worcJ "breadth'' in the th1~ lin• of oact1on 83· (

j) Strike out all tho vords from the wora ••apace~' in the eeooaa

J.lne to tho wora 1 'to'' i.o the <t1Shth line oi

section 84 and insert after th·-il r;~J.rd "l.·a.illla.v~' in Ulo .ninth line the wordG "or ite un'l.lvrt~i.Dtl 11 • (k} ~\.:ftar th., word ffC01.1no11~· in the i'i:fth lin$ of 1"9Ction iO insert the words "o-r this Act"• Cl) Strike out. tha wor4e "t.h:q ta!~1n,z of' mnt~~ial orn wbare th~ api;~ar 1n the eighth an4 ninth tine& of ~eotion 99. (m} StrUto out tbo words "Roll1%4J ttock" whore t'bey &I>PGar 1a ' subseo1:10D {

b) of rseot10Jl 109• 1:;) lotw1thstand.iag UTthm! herein ooata1n•4 the proT1s1ons ot this sootion sh$.ll b~ doeraod to bo in eubetitt.t.ion for elauee 2S of tb.<! J.ra 1nnnoe res.r.;:eot1ng. :1at13r. !1-es, :aeotrio and 1~elgopbone Oo!!ptm• ies hare1naftGr re~erred to. a.

SubJect to euoh reeulstions as may from time to time be made ill tl:.-at behalf b¥ tha J;l.init;ter of ~s;.11WIJ.78 and !'Glephones th6 Company is hsreb1' autllori&ed Sl'td empowered to ci1netruct. maintain &lld operate tor the iiole .Purpos~ of tbe Company a telephong line aloJ:l8, ove.r u4 across any and all ot :ta ltnee, oondulte. cablaa, pol$8. wires or ·towera. 9. ~:Zoept aa to tho •~cept1on eet out in eub~oction (3} of s•ction 7 hereof all the rights, powore and pr1v1lesee conferred b7 a the Ordiuanoe reepooti.D,g \'iater,Gsa,Jl•et.tio ana fel•phone Oompaniee be1DS

chapter 21 of the Ordinances of ·1901 eball be deemed to be oonferret upon the 'ompa~ and tho same are hereb7 incor~ornted with ~n4 shall be de·3mecl to b-., u pe.rt o: this .,;\at n.nleef: expreaslr 1noons is tent therewith.

10. ftle head office of tho Cor.Tpe.ny aball b-e in the Cit; o:f 34montoD in tho iiJtlld .;;:ravinco. 11. r.ha oapitnl of ti:ut Go1:1pany shall be on9 t.'lilliol'l d·lllara divided ini:o ono huxHlrfHi t.b.O'lUI!l4d ahi!U'&~ of t~n dol.lura each with :po'r!Gr to a.ttvoh to such sh.nres anah :pr~!eren.t!al. deferrea or s~eo1al r1$hts, privileges or ':!onctitions as the directors ma:; bp b7-•aw determine ana euoh aha:ree o.r any part thereof mq be allotted. or t\1117 paid ttp ebaree wh&th•r for a oaeh cone14eration or :for other valuabl• eo.Daid&rat10ll, or for fiturvice~ renaerea to th0 eompru17 or by 1!&7 o1 'bonus, and auoh shares or any rarl the reo! may bti iti.s-aat! at a d1eoouat. at par.. or s.t a premium ana o.o li.bilit;y e:1.a.U sttach to the sluu:·•• or th9 bold-ere tbereot beyond tbe amaunt wilich !ll$Y bo unpai4 to the comp81J7 ill r•epoct to the purohaeG ths:reof o:r which may b" !'ixe~ b7 the directon on alloU.nt. 12. f'n.&. eapi~al ox the Com.vany rna;.~ be i.Dereat:ed from time to time with the apprc1Y&l of th~ L1etrt+l::'1&nt Governor 11\ Counoil by the creatio» of new shareo or euoh amout tt.e ~ be 4aeaed ex.tetiellt, Jl'OY14et'J that euOh inoreat!t bt auotionea b7 a pne:ral ••tas of the oompa.,- aad tbe d ireotore: JA&.y' ,-seal with eo.id neYJ u1121roe as thoUBh thfll;r had fo:rtttt!t! part of thl:l or~1rial capital of the oompaey. 13. !he perso:lli named 1J2 thtt fi:r~t t;.,ot ion o'! this .r .. ot shell be and are hereby 4orast 1tuted th& prov1e1ol'lal d1reotln of the compqy, ot whom three f~hall form a quol"\ttl for the transaction of btta b:l.tae, and thq ehall h~14 o~fioe until th• firet ol~tiOD of 41reotore un~er thle Aot, axad shall t.aYe power to pa; all the expen£ee iD oonneotioz::. with the obtain inc ~f th1e Act either in cash or 1L thar4Ul o.t· the oompgy and to open stook book& and procure subeoriptioba or stock for tb~ uneertak1D8

Ia. and to fix the conditions of allotment and allot and receive the con• siderations therefor and to make calls upon subscribers in ras~eot of their shares and t,o sue for and recover the same, and the said provisional d.ireotors and their. successors in office shall have power to carry out all the rights. powers and privileges conferred by this act as are not required to be exercised by the Company in general meeting. 14.

The constitutio:u,~ rules an~ regulations touohiDg the ad.mi:nis• tration of the said camps~ shall be formulated at a general meeting thereof, called for that purpose by the directors of the said co.mpa~ ·and of whioh. at least ten days' notice shall be given , by public advertisement or otharw1ee, to all the members thereof, and the constitution , rules and regulations then adopted shall, subject to the approval of the Attorney General, have full force and effect in so far as the same shall not be inconsistent with the laws in ... force in the ProTinoe of ~barta and the provisions of this Act; Provided alwars that the said oompany may, from time to time subJeot to the approval of the 'Attorney General, alter, repeal ancl ohange auoh oonstitutioa, rules an4 regulations in the manner therein provided. 15. ~e said company may from time to time,borrow money at suoh rate of interest and upon suoh terms as they may deem proper; and m&¥ for such purpose make, execute or issue any mortgages, bonds, debenture or other instruments under the seal of the said oompaJJ7, whiah bonds or debentures Shall operate subject to any mortgage given in paft p~ent of the purchase money of real estate or buildings for the Company as mortgages and charges against the land and effaots of the

said compaey without registration and aa.oh holder of any of th~a said debentures or bonds issued under the provisions of this

section shall be deemed to be a mortgagee and encumbrancer pro rata with the other holders thereof aupon any interest in any real estate held by the said company, and also upon any suoh interest in any policy or policies of insurance agair.tst lose or damage by fire effected upon the buildings owned by the 0')mPSJ7¥• 16.

AD7 auoh ~:1ortgage, bond, debenture or other illstrument shall be signed by tbe }Jresiden·t of the said compey and countersieJned by the seoretary. 17. 10 member of the company shall be in any way liable lor or chargeable for the payment of a.ny debt or d~d due by the said company beyond the amount remaining unpaid by the said member in respect to any shares and for any unpa 1d accounts he may owe to the compa.n.y ant! any member shall h·cve the right to assign and transfer his· shares; 18.

The said corporation shall have power to draw. make , aooept and endorse billa of exchange or pro.missory notes necessary for the purpose of the said oompaX!l', under the hands of the praeident \~~ ..

" and secretary thQI'eof, after authority o:ftha ~ammittee of tha said ·.·:<'>:- oompaDy' eo to ao; ano in no oae.e shall it be necessary that the seal of the company be affixed to any such bill or note. nor shall the president or IJeoretary be individually liable or responsible therefor: Providing tha.t noth1Ds herein contained shall be construed to authorise tha corporation to issue notes or bills of exchange payable to bearer, o~ intended to be circulated as mone7, or as notes or bills o£ a b;fLD):~ Title: 1913 (3rd, 1st) Bill 82,

An Act to incorporate The Athabasca Gas and Power Transmission Company

Document details

Collection	Alberta — Bills
Citation	L3 S1 10594
Type	bill
Volume / chapter	L3 S1 10594
Language	en
Format	json
Source	PROVINCIAL
Identifier	2c0c243b7db6916e6878f7e767c9046e765d74a4

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