Bill 6 (Legislature 7, Session 2)

L7 S2 8745

Alberta — Bills

REPRINTED BILL BILL No. 6 of 1932.

An Act to amend the Acts Constituting The Edmonton Charter and to Validate Certain By-laws Authorizing the Borrowing of Money. (Assented to , 1932.)

WHEREAS a petition has been presented by The City of Edmonton for the amendment of ThP Edmonton ChaTtm·; and

Whereas it is reasonable that the prayer of the said pzti tion shall be granted; Therefore His Majesty, by and with the advice and con sent of the Legislative Assembly of the Province of Alberta, enacts as follows: The Edrnonton Clwrter is hereby amended- l.. By striking out of

section 193 the word "notice" where it occurs in the third line thereof and by substituting there for the word "motion." 2. By striking out of subsection (2) of

section 233 the word "principal" where it occurs in line twelve thereof and by substituting therefor the word "permanent." 3. By inserting in subsection (8) of

section 315, the words "interest of the" between the words "the" and "par ties," where they occur in line seven of said subsection (8). 4. By striking out of

section 12 of

chapter 90 of the Statutes of Alberta, 1922, the words "said percentage charge of eight per centum" where they occur therein and substitut ing therefor the words "the said percentage charges." 5. By striking out of subsection 4 of

section 404, the words "discounts and interests" where the same occur there in a:nd substituting therefor the words "discount and inter est." 6. By striking out of

section 445 the word "determine" and by substituting therefor the words "be determined." 7. By inserting in

section 483 the word "the" between the words "in" and "name" where they occur in the tenth line thereof.

2 8. By striking out of

section 491 the word "or" where the same occurs in line eight thereof and substituting therefor the word "of." 9. By inserting in

section 493 the word "the" between the words "by" and "owner" where the same occur in line two thereof. 10. By striking out the word "lands" in the first line of

section 501 and substituting therefor the word "land." 11. By changing the number of

section 503a added to the said Charter by 1913 (2nd Session),

chapter 32,

section 10, to 503b. 12. By inserting the word "the" between the words "for" and "city" where the same occur in line seven of

section 521. 13. By striking out of

section 524 the word "bear" where the same occurs in line thirteen thereof and substituting therefor the word "hear," and by inserting the word "and'' in the last line of said

section 524 between the words "final" and "conclusive." 14. By striking out of subsection ( 2) of

section 526 the figures "-!93" where the same occur in the last line thereof and substituting the figures "494." 15. By inserting after subsection (7) of

section 221 the following: "(7n) The council may in any by-law heretofore or here after passed relating to the construction, erection, sanita tion or use of buildings or other similar by-law, create an appeal board for the purpose of dealing with and adjudicat ing upon any questions which may arise under the provisions of any such by-law, with power to prescribe the duties and powers of said board, to fix the number of members thereof and their tenure of office." 16. By inserting therein immediately after

section 485, the following section: "485a. Whenever the council of the city desires to use any land, the title to which is vested in the city, for high way purposes, the council may cause the land required for said purposes to be surveyed an'd marked on the ground by a duly qualified surveyor, who shall prepare plans in tripli cate of such survey and shall certify the same to be correct. Such plan shall be approved by the director of surveys for the Province of Alberta and the proper officers of the city.

One of the originals of such plan shall be filed in the proper land titles office, another in the department of Public Works of the Province of Alberta, and the third in the office of the city engineer of the city, and upon the deposit in the said ·]and titles office of said plan of survey, together with pay-

.-. ., ment of the proper :fee therefor, Lhe reg-istrnr sh·all, not\\·ilh sl:tnding· the p1'<H'isions of any other Ad, imnwdiatt{\' fill' lht> same and thereupon the lands i1wluded in any stwh plnn shall ,·est in the city of Edmonton f'or highway purposes." 17. n.v strildng; out suusedion (:

J) of

section 2;\:1 inserted ill tlte said Charter by sPclion 7 of

chapter fi5 of the Statutes of' Alberta, I H:JO, and by suustituting therefor the following: " ( ;3) The couneil ma.v also I icPnsc by themseh·es, or as a special class or class es, or otherwise aeconling to an.v classi fieation, all persons who, wholly ot· partly \\·ithin or partly within and partly without the city of Edmonton, transport, remove, con, ·cy o1· earry persons or property or any goods, wares, merchandise, fuel, emth, refuse or other articles o1· efl'cds of an,v kind or nature \\'hatsocYc1', either as a uusi ness o1· as incidental to any other uusincss, whether a eharg-e is made therefor o1· not, and without in any way limiting the g·enet·al powers which may be exercised under this subsec tion; the persons liable hereunder shall include__:_ "(

H) all persons \\·ho deliYer.to ot· eollect from any busi ness premises, warehouse or depot within the city, an.v goods, wares or me1·chandise by truck or other motor \rehicle, for or fron1 ·a point within o1· outside Edmonton; "(

h) all pcrso11s who use any scraper, fresno, slip or plo\\·, for the purpose of transporting, 1'emo\·ing-, c.:om·e.ving or canying earth, grarel, sand, ashes or refuse, or used in ot· about tlte making of any cella1· o1· excavation; ''(r·) all persons who for any purpose use ·an.v eart, wag-on, truck or horse-dt'a\\·n vehicle within the cit.r of Edmonton. eitlwr in connection with his owu business or fol' hire- 1Jt1t nothing in this subsedion shall be deemed to include any vehide operated solely by the owner or owners thereof, resi deut outside the city of Edmonton and used onl.v in cou\'1~.)' ing his o1· their ow11 produds o1· personal effects into or oul of the eity and not plying a earrying trade for hire or re \\' a rd." 18.

Dy inserting between the \\'Ords "olJjcet" and "for" iu the second line of clause (

H) of

section 247, the words "or objPcts." 1.9. D,\' amending

section Hi of

chapter ()::) of the Statute .-; of Alberta, 1930, as follo\\'s: 1. Ily striking out the iigm·es "1ft~:~" whet·e thc.v appear in the sixth line of the third 1·ecital to said

section 15 and lJ,\" substituting therefor the figures "192:2." :2. Dy inserting after the words "sinking fund" at the eild of the se\ ·enth line of clause 1. of said seetion the \\'OI'tb "in cluding the reduced le,·ies made in the year HJ22."

4 3. By inserting immediately after clause 1 of said

section the follo\\;ing clause: "1lL. By-law number 411 of 1922, renumbered 2 of 192:3, notwithstanding anything. the1·ein contained, shall be con clusively deemed to have authorized the reduction of the annual sinking fund levies in respect of each of the issues of debentures therein mentioned, commencing with the year 1922." 20. Subsection ( 6) of

section 221 added to the said Charter by

section 23 of

chapter 42 of the Statutes of Al berta, 1920, is hereby amended: 1. By striking out clause (lt) thereof and by substituting therefor the following: " (

a) To prevent, regulate, govern and control boxing and wrestling bouts and contests within the city, and to regulate, govern and control the training ' quarter. -; for persons in training for boxing or wrestling." 2. By adding to s<1id subsection the following clause: " (

d) To delegate to th e said commission any of its power" granted by this sub section." 21. By adding to

section 221 the following suiJsection: " ( 10) The council may also mak e IJy-la ws- .• (

a) to create, organize and constitute a commission of residents of the said city of such number as the council may decide, to be known as the 'Stadium Commission,' which commission when appointed shall have the care, man-agement and control of those premises known as 'The Stadium' and being that pari of Parcel 'E,' Hiver Lot 20, Plan 2190 E.O., outlined in orange on Plan 2HJO E.O., but shall have 110 power to deal with o1· dispo::,e of any property or effects appertaining to said St-adium or in any way pledge the credit of the city; " (

b) for the purposes aforesaid to prescribe such condi tions, rules, regulations and directions as the council may deem advisable fo1· the purpose of governing the said commission in the exercise of its powers and functions; " (

c) delegating to said commission such of its powers \Yhich it may deem advisable; " (

d) repealing, ·altering or amending any such by-law, including the aiJolishing of said commission." 22. The council without refening the same to the bur gesses may )J.ts:~ a l1y-law or by-laws and raise by the issue of debentures a sum not exceeding a maximum aggregatP amount that may b~ required for paying the cost of certain works undertaken or to be undertaken during- the years 19:31 and 19il2 as part of any unemployment relief scheme not contributed to by the Federal or/and Provineial Govern ment:

5 Provided, however, that the sum so borrowed shall not exceed $100,000.00 for the said two years. ~3.

The following by-laws of the city of Edmonton, namely: By-law No. 12, 1931, passed on the 25th day of March, 1931, intituled "A by-law to create a debt in the sum of $70,000.00 for the purpose of furnishing additional equip ment to be used in connection with a certain public work and service of the city, and for the purpose of paying the city's share in part of local improvements intended to be under taken in the city of Edmonton during the year 1931, and to issue debentures in the said sum"; By-law No. 53, 19:30, passed on the 8th day of December, 1930, intituled "A by-law to create a debt in the sum of $60,000.00, to pay the city's share of the grading and gravel ling of certain streets to be undertaken as local improve ments in the year 1931, and to issue debentures in said sum"; By-law No. 59, 1930, passed on the 8th day of December, 1930, intituled "A by-law to create a debt in the sum of $11,525.00, for the purpose of purchasing further equipment for the Fire Department of the city of Edmonton, and to issue debentures in the said sum"; By-law No. 69, 1931, passed on the 28th day of December, 1931, intituled "A by-law to create a debt in the sum of $682.93, to pay that part of the cost of the works hereinafter described to be borne by the properties abutting thereon, and to issue debentures in the said sum"; By-law No. 60, 1931, passed on the 14th day of December, 1931, intituled, "A by-law to create a debt in the sum of $20,000, for the purpose of furnishing additional equipment to be used in connection with certain public works and ser vices of the city, and to issue debentures in the said sum"; By-law No. 62, 19:31, passed on the gth day of December. 1931, intituled, "A by-law to create a debt in the sum of $56,000 for the purpose of replacing certain bridges which have become unsafe for traffic, and to issue debentures in the said sum"; By-law No. 66, 1931, passed on the 2i:ith day of December. 1931, intituled, "A by-law to authorize the issue and sale of debentures in an aggregate principal amount of $8j,500 for the purposes hel'einafter mentioned," as amended by by-lavl' No. 10, 1932, passed on the 22ncl day of Febnrary, 1932; By-law No. ~l, 1932, passed on the ~5th day of January, 1932, intituled, "A by-law to authorize the issue and sale of debentures in an aggreg-ate principal amount of $214,267.02 for the purposes hereinafter mentioned"- and all the assessments thereby imposed or authol'ized to ue imposed, and each and every of them are hereby validated ~1nd confirmed and declared to be legal, nllid anct binding

6 upon the city of Edmonton and the ratepayers or burgesses thereof affected thereby, and the same shall not be open to question in an~' cou1't on any ground whatsoever; and all debentures and the coupons attached thereto, issued or to be issued or purporting to be issned under the same or any of them, are hereby declared to be issued on the credit and security of the municipality at large, and are hereby de clared to be legal, valid and binding upon the city of Edmon ton and the ratepayers or burgesses thereof, and the same shall not be open to question in any court on any ground whatsoever.

(2) The proceeds of the sale of the debentures authorized to be issued under said by-laws No. 12, 1931, No. 53, 1930, and No. 59, 1930, shall be used to repay any temporary loans or overdraft incurred for the purposes mentioned in said by-laws or any of them. ( 3) The proceeds of the sale or hypothecation of the de bentures authorized to he issued under said by-laws No. 66, 1931, and No. 3, 1932, may be applied in the redemption of the debentures therein mentioned or in repaying any tem porary loans the proceeds of which were applied in the re demption of such debentures. 2-1. Dy striking out from the iirst enacting clause of

section 13 of

chapter 65 of the Statutes of Alberta, 1930, the following: "years 1930, 19~11 and (or) 1932," and by substituting there for the following: "years 1982, 1933 and (or) 1934." 25. By repealing

section 416b. 26. Dy inserting immediately after

section 406 the fol lowing section: "-tOGa. The Council may from time to time in any year make an estimate or estimates of the amount required to pay the city's share of the cost of local improvements intended to be undertaken during such year or during the next sue eecding yea1·, and may by by-law or by-laws authorize the issue and sale of debentures to provide in whole or in part the amount so estimated; provided, however, that the Coun cil in any ye:u· may, without the approval of the burgesseR, authorize the isRue and sale of debentures as aforesaid to a princip-al amount not exceeding.$50,000.00. 27. D.r amending the pro\'iso added to paragraph (

h) of subsection ( ;1) of

section 23Hn b.v subsection ( 5) of

section 1 of

chapter (i!) of the Statutes of Alberta, Hi29, as follows: (1) lJy inseJ·ting· between the words "o'clock" and "on" in the third line of said proviso the words "in the afternoon.'· (~) I..:y inserting after the word "September" at the cud of the sixth line of said pi'O\'i.So the \\'Ol'dS "and UC kept closed fol· the remainder of the day."

7 28. By adding to

section 8 of

chapter 65 of the Statutes of Alberta, 1930, the following: "Provided further that the Council may prescribe the same or a different

schedule of exempted shops, trades, bus inesses or goods in respect of said closing at six o'clock in the afternoon and said closing at one o'clock in the after noon." 29. By inserting after the word "grading" in the first line of clause (a,) of subsection 1 of

section 404, the word "gravelling." 30. The council may pass a by-law providing the appeal provided for in

section 346 of The Ednwnton Cluo-ter shall be to the Alberta Assessment Commission constituted by "Titl' AllHwta A8t:wssmeut Comrnissio·n Act," being

chapter 47 of the Statutes of Alberta, 1.929, instead of to a Judge of the District Court of the Judicial District of Edmonton. From and after the passing of such by-law the said Commis sion shall have all the powers and authority vested in such judge under sections 846 and 347 of The Edmonton Cltm·ter. which powers shall thereafter no longer be possessed by any Judge of the District Court. 31.. By adding to

section 239(~ the following subsection: "(11)-1. Notwithstanding anything contained in this

section or any amendment thereto, the council of the city of Edmonton may pass by-laws: "(

a) to provide that the owner, proprietor, manager or person in charge of any shop in which one o1· more exempted and non-exempted trades or businesses are carried on shall not keep his shop open during any time it is required to be closed under the provisions of this

section or any by-law of the city unless and until he shall file tt statement in writing with whom - soever the council shall appoint, setti11g out both the exempted and non-exempted trades and businesses he intends to carry on in his shop; " (

b) to provide that such appointed person shall there upon issue to such ownet·, proprietor, manager or person in charge of any shop, a certiiicate showing the exempted trades or business he proposes to carry on; " (

c) to provide that in the event of any such owner, pro prietor, manager or person in charge of any shop, being convicted of keeping his shop open during any time it is required to be closed under an.v of the pro visions of this

section or any by-law of the city, or is convicted of selling· to or serving a customer with any goods, wares or merchandise which may not be htwfully sold in his shop during prohibited hour!.-;, the council may cancel the said certificate for any period of time not exceeding six months;

8 " (

d) to provide such other rules and regulations as the council may consider expedient for the purpose of carrying out the powers granted in this subsection.'' 2. Upon the cancellation of any such certificate the person whose certificate is cancelled shall no longer be entitled to keep his shop open for any purpose after any of the closing hours mentioned in this

section or in any by-law of the city, and he shall be conclusively deemed to be carrying on busi ness for the sale of non-exempted goods, wares and mer chandise only. 32. Subsection (10) added to

section 239a by

section 10 of

chapter 65 of the Statutes of Alberta, 1930, is hereby amended by inserting the words "throughout or during any part of the year" between the words "shops" and "and" in line three thereof. 33. Subsection (9) of

section 239n is hereby amended by inserting the words "or any by-law passed thereunder" be tween the words "section" and "shall" in line three thereof. 34.-( 1) The council, without the assent of the bur gesses, may issue and sell special debentures, bills or other securities in such form, payable at such place or places either within or without Canada, at such rate of interest and for such period not exceeding ten years from the issue of the same, and with such provisions for redemption as the council may by by-law provide, to such maximum aggregate amount as may from time to time be required to repay or recoup the revenue of the city for such amounts as shall have been or shall hereafter be expended by the city during the years 1931, 1932 and 1933 for direct relief or unem ployment relief.

(2) A recital in any by-law of the amount so spent or expended for direct relief or unemployment relief shall be conclusive evidence of the fact.

(3) All loans made hereunder are hereby declared to be tempo1·m·y loans only and shall form no part of the general debt of the city within the meaning of the sections of Thl' Edmonton Charte·r limiting the borrowing powers of the city. Provided that the amount so borrowed shall'not exceed in the aggregate more than $250,000.00 for any one of said years. 35. By inserting between the words "parks" and "roads" in the ninth line of clause 1 of

section 227, the words "swim ming pools." 36. This Act shall come into force on the day upon which it is assented to.

REPRINTED BILL No.6. SECOND SESSION SEVENTH LEGISLATURE 22 GEORGE V 1932 BILL

An Act to amend the Acts Constitut ing The Edmonton Charter and to Validate Certain By-laws Author izing the Borrowing of Money. ncccived and read the First time .................... . Second time ................... . Third time .................... . MR. GIBBS EUMUNTON: w. D. MCLEAN, KING'S PICIN 'fllll 19:12 Title: 1932 (7th, 2nd) Bill 6,

An Act to amend the Acts Constituting The Edmonton Charter and to Validate Certain By-laws Authorizing the Borrowing of Money

Document details

Collection	Alberta — Bills
Citation	L7 S2 8745
Type	bill
Volume / chapter	L7 S2 8745
Language	en
Format	json
Source	PROVINCIAL
Identifier	2d1a958a973b7a5c804c8a81e84866fa14f2a0ae

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