Bill 51 (Legislature 6, Session 1)

L6 S1 9220

Alberta — Bills

HILL No. 51 of 1927.

An Act to amend The Drainage Districts Act. (Assented to ,1927.) HIS :MAJ~ST~, by and with the advice, and consent of the Le!!ISlabve Assembly of the ProvInce of Alberta, enacts as follows: 1. This Act may be cited as "The Drainage Districts Act AmCHdJl/('}if Act, 1927."

Section 28(( of The Drainage Distl'icts Act. being chap ter 46 of the Revised Statutes of Alberta, 1922, is amended- «(() as to subsection (1) thereof, by striking out the words "at least two weeks prior to the last day of January in each year" where they occur therein; and by striking- out the word "registered" where it occurs therein; (

b) as to subsection (2) thereof, by adding at the end thereof, the words "which shall be held not later than the thirt~'-first day of January," 3. Sectioll 48 of the said Act is hereby sb'uck out and the following substituted therefor: "-18.-

(1) The board shall, not latel' than the first day of February in each ~'l~al', make all estimate of the amount required to pay~ "(

u) The dmillage service charge. being ltll the expenses connected with the administration of the district and the operation and maintenance of the drainage works. including payments into a reserve fund to provide for the presel'Yation of the said ',"orks in a propel' state of efficiency, and any payment for new expenditure, whether capital 01' otherwise, up to the expiration of such year. "(

l) The drainage debenture payment, being the princi Iml and intel'est payable under the te1'111S of all dis trict debentures. "

(2) If such payments and expenses are not otherwise pl'Ovided fOl' and if such estimate is approved by the council. the boal'd shall forthwith pass a by-law imposing a separate rate with respect to each of thl' items (

a) and (

b) afore said (being called the dl'ainagc service charge and the drainage debenture paymcnt respectively, and which to-

2 gether shall comprise the drainage rate) upon each parcel of land within the district in proportion to the benefit as the same is shown by the last revised assessment roll of the district. "

(3) Any rate imposed shall be sufficient to bring in the amount of such estimate after making all due and reason able allowances for the cost of collection a11d abatement for losses which may OCCUl' in the collection of the drainage rate. "

(4) Any reserve fund created under this

section shall be expended for the benefit of the district in accordance with the directions of the council from time to time,"

Section 52c is added to the said Act as follows: "52c.-

(1) In any district the owner of any parcel upon which no arrears of drainage ~'ates remain unpaid may in the manner hereinafter provided commute the whole or any part of the unpaid drainage debenture payments levied and to be levied against the said parcel for the payment of the interest ::1,nd principal of the debentures of the district then outstanding. "

(2) The amount required to be paid in cash in any year in ~ommutation as aforesaid of the said drainage debenture payments shall be determined per dollar of benefit assessed against the land (as shown by the last revised assessment roll of the district) in the following manner; "The present worth (computed at the rate of interest for the time being fixed by the Lieutenant Governor in Council) of all allnual payments necessary to be made under the- terms of the said debentures to meet the inter est thereon and to provide for the repayment of the prin cipal sum 01' sums at maturity, from and including the year in ,vhich the commutation is made, shall be divided by the total amount of the benefit assessed against all the parcels in the district as shown by the last revised assessment roll.

"

(3) Upon receipt by the secretary-treasurer of any sum paid pursuant to the provisions of this

section he shall ascer tain in the manner hereinbefore set out the amount of benefIt with respect to which the said sum may be accepted in commutation of the said drainage debenture payments, and shall thereupon note the same upon the assessment roll against the parcel in respect of which the payment is made.

"( 4) Upon payment of the said sum the drainage deben ture payment levied against the said parcel with respect to the amount of benefit ascertained as aforesaid shall be paid annually by the board and shall· no,t be chargeable against the person or pe1'sons ordinarily chargeable with rates levied against the said parcel; "Provided that in the case of a district whose debentures are guaranteed by the Province the treasurer shall forth with remit the said Sllm to the Provincial Treasurer with a statement describing the said parcel and stating the amount of the benefit ascertained as aforesaid to which the payment is applicable, and after certification by the Provincial Audi-

3 ,tor as to the correctness of the said statement the drainage debenture payment levied against the said parcel with re spect to the amount of benefIt ascertained as aforesaid shall be ])aid annu2-11v bv the Pl'ovincial Treasurer out of the funds wIlich llave cOl~e into his possession under the provisions of this section, ancl' shall not be chargeable against the person 01' persons ordinarily chargeable \'lith rates levied against the said parcel. "

(5) Where any payment is made under the provisions of this section, the whole of the parcel with respect to which the payment is made and the owner thereof shall cont.inue to be subject to all the provisions of this Act. regarding the en forcement of rates payable otherwise than by the Provincial Treasurer 01' the board of trust2es, as the case may be, under -the provisions of this section. "

(6) Wherever the word 'debentures' is used in this sec tion it shall include every form of security which may have becn given for the l'epayment of moneys borrowed for capi tal eX112nditme in the districL"

Section 108 of the said Act is amended by adding as subsection 3 thereof the following: "

(3) The secl'e1tary may at any time conect the assess ment I'oll as to the names of the o"\\,l1ers or occupants appear ing thereon."

Section 155c of the said Act is amended by adding thereto the following proviso: "Provided, however, that where a seizure is made of a growing crOll, 01' of grain \vhich is ullthreshed, the treasurer may cause the same to be cut, hm'vested and threshed as may be 112CC8sary, and may add to the amount of the levy the cost thel'eby incuned and the estimated cost of hauling such grain to a convenient elevator or place of storage: "Provided furthel'. that he may sell any grain .seized at the current market price." 7. Sedion 155ft is added to the said Act immediately after 155f as follows: "155fl.

Where personal property liable to seizure for rate:, as hereinbefore provided is under seizure or attach ment, 01' has been seized by the sheriff, or by a bailiff of any court, or is claimed by or in possession of any assignee for the benefit of creditor or liquidator or of any trustee 01' authorized trustee in bankruptcy, 01' where such propel'ty has been cOllverted into cash and is undistributed, it shall be sufficient, for t.he secretary-treasurer to, and he shall, give to the shel'iff, bailiff, assignee or liquidator or trustee or au thorized tl'tlstee in bankruptcy, notice of the amount due for rates, and in such case the sheriff, bailiff, assignee or liquidat.or, or tl'lwtee 01' authorized trustee in bankruptcy shall pay the amount of the same to the secretary-treasurer in preference and priority to any other and all fees, charges, liens or claims whatsoever."

Section 155g of the said A'3t is amended as to sub section (1) thereof as follows: (

a) By striking out the word "October" where it occurs therein and substituting therefor the word "Decem- ber." . (

b) By striking out the words "and the value thereof" at the end of paragraph (b).

Section 155i of the said Act is amended by striking out the word "November" where it occurs therein, and sub stituting therefor the word" January." ~O.

Section 1550 of the said Act is amended by strik ing out the word "January" where it occurs therein and substituting therefor the word "March." ~1. This Act shall come iruto force on the day upon which it is assented to.

No. 51. FIRST SESSION SIXTH LEGISLATURE 17 GEORGE V 1927 BILL

An Act to amend The Drainage Districts Act. Received and read the First time .. , ................ . Second time .................. . Third time ................... . HON. MR. SMITH BUMONTON: w. D. McLEAN .. ACTING KING'S PruNTEIt .4>.11. 1927 Title: 1927 (6th, 1st) Bill 51,

An Act to amend The Drainage Districts Act

Document details

Collection	Alberta — Bills
Citation	L6 S1 9220
Type	bill
Volume / chapter	L6 S1 9220
Language	en
Format	json
Source	PROVINCIAL
Identifier	39d5708311c9aff1168ba1f42f74a3f84755a278

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