HEPRINTED BILL. BILL No. 10 of 1925.

An Act to amend the Acts constituting The Edmonton Charter and to validate certain Local Improvement and other By-laws of the City of Edmonton. (Assented to , 1925.)

WHEREAS a petition has been presented by the City of Edmonton for the amendment of The Edmonton Char­ ter and the validation of certain local improvement and other by-laws of the City of Edmonton; . And

whereas it is reasonable that the prayer of the s~id petition should 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: 1. The Edmonton ChcwteJ' is hereby amended- 1. By adding to

section 16 the following subsections: ~:!:,';i~l.6 "

(2) The council shall at or before the next general 'ferm of office municipal election submit to the electors the question ~~ ~:~~~~~s. of whether or not the mayor shall hold office for the term of two years. "

(3) In the event of a majority of the qualified Ques~iol1 to be I t t · h t' b' . f f submitted to e ec ors VO ll1g upon suc ques 1011 ell1g In avor 0 electors. the mayor holding office for two years the ma~ror elected at the, general municipal election to be held in December, 1925, and at any general municipal election held thereafter shall hold office for a term of two years." 2. By striking out from

section 48 the words "at its :first Estimates to meeting after the annual election," and by substituting ~~:i~~mitted therefor the words "in the month of January in each year." January. 3. By inserting therein the following section: "84a. The council may by resolution in any year provide Council may that a census or enumeration shall be made for the purpose .:::~~dti~~~~~'· of preparing the list of electors for that year and may make f!re llaratiol1 of • • list of electors. such orders and dIrectIOns as they may see :fit for that purpose. "

Special licensing provisions as to trucks, taxicabs, etc. Power to susl>end . early closing for 3 days before Xnlas. 2 4. By striking out subsection (3) added to

section 233 by

section 7 of

chapter 42 of the Statutes of Alberta, 1920, and by substituting therefor the following: "

(3) The council may license as a special class the owners or operators of trucks propelled or moved by any motive power whatever, and may fix the license fee according to the tonnage, width of tire or upon such other principle as it shall see fit. And may also license the owners or operators of motor vehicles used for hire and in so doing may impose a license fee for each vehicle used for hire. These powers shall be· continuing powers and shall not be deemed to be revoked or sus­ pendedby Act of the Legislative Assembly of this Province unless the Act expressly revokes or suspends such powers." 5. By adding to

section 239a as set out in

section 60f

chapter 63 of the Statutes of Alberta, 1923, the following: "Provided that the council may by resolution suspend the provisions of this

section during the three business days preceding Christmas Day in any year." 6. By inserting therein the following section: In case of "376a.

Where personal property liable to seizure for insolvency. etc., assessor taxes as provided by The Edmonton Charter or any amend- may in place t th t' d' tt h t h b of distraining men sere 0 IS un er seIzure or a ac men or as een ~~~~~x;~ give seized by th~ she:i.ff or ?y. a bailiff of ~ny Court or .by a assignee. etc., landlord or hIS baIlIff or IS 111 the posseSSIOn of any assIgnee ~~:: t~~~! t~en for the benefit of creditors or liquidator of any trustee or ~f~~:.i~a~~~l1 authorized trustee in bankruptcy or where, such property except those has. been converted into cash and is undistributed, it shall of the King. be sufficient for the assessor or other person charged with

Section 415 amended. the collection of any tax or taxes owing to the city to give ~o the sheriff, bailiff, landlord or landlord's bailiff, assignee or liquidator or trustee or authorized trustee in bankruptcy notice of the amount due for taxes and in sucH case the sheriff, bailiff, landlord or landlord's bailiff, assignee .01' liquidator shall pay the amount of the same to the assessor or other person in preference and. in priority to any other and all other fees, charges, liens or claims whatsoever except those of the King. 'Tax' or 'taxes' shall mean and include all taxes, assessments, rates, license fees, charges for water, light, power or other public service (including telephone rentals) which the city or its council is authorized to impose or collect under The Edmonton Charter as now or hereafter constituted." 7.

By striking out of paragraph 4 of

section 415 the words "but as to so much as is not to be paid by the municipality at large and the city is to collect the same only by way of special assessment as aforesaid."

3 8. By inserting after

section 415 the following: "415a.

If in any year the amount realized from the spe- City at large cial rate imposed to provide the: portion of the cost of any !~ymdae~ciincy local improvement work which is payable by way of special ii':nl~;:!ement assessment is insufficient to pay the amount falling due in debts. such year in respect to so much of the debentures as repre- sents the portion of cost payable by way of special assess- ment, the council shall provide for the deficiency in the estimates for the following year, and levy and collect the same by a.general rate, but this shall not relieve the land specially assessed from the special rate thereon." 9.

By striking out the proviso added to subsection 1 of

section 547 by

section 22 of

chapter 42 of the Statutes of Alberta, 1920, and by substituting therefor the following: C .1 "Provided always that the council in any year and from reo~c~ o,:ay time to time may by resolution order the same to be assessed ~~~~~~~':.ge of at any lower percentage but not less than fifty per cent or ;:~i'c~s :!Ud- at such greater percentage as it deems expedient." ings are to be assessed. 10. By repealing

section 16 of

chapter 42 of the Statutes of Alber.ta, 1924, and by substituting therefor the following: "16.

Sections 14 to 21, both inclusive, of The Ta."C Recov- Sections 14 A 1 . b t to 21 of Tax ery ct, 922, shall not apply to the CIty of Edmonton, u Recovery Act the council of the said city by resolution or otherwise :md ~~~~~ ~f~~f on such terms and conditions as it may consider reasonable Edmonton. may sell by auction or private treaty, or lease, or otherwise dispose of in any manner whatsoever any 'lands for which a certificate of title has heretofore been or may hereafter be issued in the name of the said city pursuant to the provi- sions of the said Tax Recovery Act' (which said lands 'lre hereinafter referred to in this

section as 'lands forfeited to the city') : "Provided, however, that the owner of any lands forfeited to the city as aforesaid, or anyone on behalf of such owner, may redeem such lands at any time up to but not after the expiration of three calendar months from the fifteenth day of December of the year next following the year in which a caveat has been filed in the Land Titles Office for the North Alberta Land Registration District in respect of such parcel of land, by the payment of all taxes which have at the date of redemption become arrears of taxes together with all penalties and costs accrued in respect thereof, and by the payment of any and all other claims of the said city or of the Province of Alberta charged or secured upon such lands which have accrued at the date of such redemption.

"When any parcel of land is redeemed by the owner thereof or by anyone on his behalf within the time herein­ before limited the officer of the said city performing the duties prescribed by the said Act shall issue a redemption certificate directed to the Registrar of the said Land 'l'itles Office and the said registrar upon receipt of such redemp­ tion certificate shall thereupon revive the certificate of title cancelled pursuant to the provisions of the said Tax Recovery

Amendments to service tax provisions. 4 Act and as a consequence of the proceedings taken there­ under by the said city, and the certificate of title so revived and the land covered thereby shall be subject to all mort­ gages, charges and encumbrances which were against the same or the own,er thereof at the time of the said cancella­ tion, except any of such mortgages, charges or encumbrances that may have been lawfully discharged by instrument duly registered in the said Land Titles Office. ' "Before the issue of a redemption certificate covering any land redeemed, a fee of not more than $2 for each parcel of land so redeemed shall be payable to the said city as well as all fees which may be charged by the said registrar for the revival of the certificate of title in respect of the parcel of land so redeemed.

"In case the said city after the fifteenth day of December of the year next following the year in which a caveat' has been filed in the said Land Titles Office, shall have taken over possession and control of any parcel of land or shall have received or collected any rents or profits in respect thereof, the amount of the rents and profits so received or collected shall, notwithstanding the subsequent redemption of any such parcel of land, belong exclusively to the said city and the owner of such parcel shall have no claim against the said city in respect of such amount or any part thereof.

"Section 32 of the said Tax Recovery Act, 1922, to the extent only that the provisions of this

section may vary the said Act, shall not apply to the said the City of Edmonton. "This

section shall be deemed to have been in force and effect as and from the 12th day of April, 1924." 11. By inserting between the words "taxes" and "or" in the fourth line of subsection 6 of

section 1 of

chapter ·12, Statutes of Alberta, 1924, the words "authorized to be im­ posed under any provision of The Edmonton Charter or any amendment thereto."

Section 16 of

chapter 74 of the Statutes of Alberta, 1921, is hereby amended as follows: 1. By striking out from subsection, 4 -the words "em­ powered to pass a by-law fixing the amount of the service tax payable annually," and by substituting therefor the words "empowered from time to time to pass by-laws fixing the amount of the service tax to be payable annually or in any year." 2. By striking out subsection (7), and by substituting therefor the following: "

(7) The service tax shall become due and payable in each year on such date as may be fixed by by-law: "Provided that notwithstanding by any provision of The Edmonton Charter or amendments thereto or of any by-law of the city a date is stated when the service tax for the year 1925 is due and payable, the council may by by-law fix any other date for the payment thereof."

5 3. By striking out subsection (11), and by substituting therefor the following: "

(11) Every person shall furnish forthwith, upon request made therefor by the assessor of the city or by any other person authorized by him to apply there­ for, his or her name, place 'and period of residence within the city, and shall also inform the assessor whether he or she is of the age of twenty-one years or over and shall give such information respecting his or her income, wages, salary or earnings for the prev­ ious or current year, or probable income, wages, salary or earnings for the current year as may be required for the purpose of fixing the amount of his or her ser­ vice tax, and any other information the council or the assessor may require from any person or class of per­ sons for any of the purposes of the said tax." 3.

The following by-laws of the City of Edmonton, namely: By-law No. 58, 1924, intituled, "A by-law to provide for the raising of the sum of $391.95 to pay the cost of certain three plank wooden sidewalks, constructed as local improve­ ments in the City of Edmonton during the year 1923, which are to be paid for by way of special fro'ntage assessment"; By-law No. 59, 1924, intituled, "A by-law to provide for the raising of the sum of $31,409.70 to pay the cost of cer­ tain local improvements, namely, plank walks, boulevarding and street grading, constructed in the City of Edmonton during the year 1923, which are to be paid for by way of special frontage assessment"; By-law No. 60, 1924, intituled, "A by-law to provide for the raising of the sum of $35,732.41 to pay the cost of certain local improvements constructed in the City of Edmonton dllring the year 1923, namely, bituminous sidewalks and the bituminous surfacing of certain cinder sidewalks, which are to be paid for by way of special frontage assessment"; By·Jaw No. 61, 1924, intituled, "A by-law to provide for the raising of the sum of $32,056.80 to pay that portion of the cost of sewer extensions constructed as local improve­ ments in the City of Edmonton during the year 1923, payable by way of special frontage assessment"; By-law No. 62, 1924, intituled, "A by-law to provide for the raising of the sum of $4,958.92 to pay the cost of certain concrete sidewalks constructed in the City of Edmonton during the year 1923, which are to be paid for by way of special frontage assessment, and to pay part of the cost of certain paving with curb and gutter constructed in the City of Edmonton during the year 1923, which is to be paid for by way of special frontage assessment";

6 By-law No. 75, 1924, intituled, CIA by-law to create a debt in the sum of $20,000.00 and to issue debentures in the said sum for the purpose of paying the cost of certain I extensions to the Municipal System of Storm and·Sanitary Sewers of the City of Edmonton"; By-law No. 84, 1924, intituled, "A by~law to create a debt in the sum of $59,400.00 to provide for the moneys required to pay the portion of the cost of sewer extensions con­ structed in the City of Edmonton in the year 1923 and 'for certain intercepting sewers and other works in connection therewith, and for the issue of debentures in said sum"; By-law No.2, 1924, intituled, CIA by-law to create a debt in the sum of $63,000.00 and to issue debentures in the said sum, for the purpose of paying the cost of certain ex­ tensions to the Municipal System of Storm anq Sanitary Sewers of the City of Edmonton"- and the assesslTIents thereby imposed or authorized to be imposed and each and every of them are validated and con­ firmed and declared to be legal, valid and binding upon the City of Edmonton and the ratepayers or burgesses thereof affected thereby, and the same shall not be open to question in any court on any ground whatever; and all debentures and coupons thereto attached, issued or to be issued or pur­ porting to be issued 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 declared to be legal, valid and binding upon the City of Edmonton and the .ratepayers or burgesses thereof, and the same shall not be open to question in any court on any ground whatever. 4.

Whereas, the city has heretofore issued debentures Series "I" charged upon the arrears of taxes for the year 1918 and the years prior thereto, and debentures Series "0" charged upon the arrears of taxes for the years 1919 and 1920; and

Whereas, all the debentures, so issued have been redeemed except debentures to the amount of $2,145,000 of Series "I" issued under By-law Number 26, 1919, passed 3rd Septem-" ber, 1919, of which debentures to the amount of $971,000 are outstanding in the hands of the public and the balance is held by· the Sinking Fund Trustees of the City of Ed­ monton, and except debentures to the amount of $180,000, of Series "0" issued under By-law Number 38, 1921, passed 22nd August, 1921, and held by the' Sinking Fund Trustees of the City of Edmonton; and

Whereas, the city is also indebted to the Sinking Fund Trustees of the City of Edmonton as of 31st December, 1924, in the amount of $2,738,458.48 and to the Board of Trustees for The Edmonton School District No.7 of the Prov,ince of Alberta" as of 31st December, 1924, in the amount of $2] 5,- 000.00, and to the Board of Trustees for The Edmonton Separate School District No.7 of the Province of Alberta as of 31st December, 1924, in the amount of $18,000.00; and

Whereas, it is provided in said By-law Number 26, 1919, that the debentures Series "I" issued thereunder may be redeemed at the city's option at their fa<;e value by drawin~s on any interest date, and that interest shall cease to bE' payable thereafter upon the bonds drawn for redemption; and

Whereas, the city is desirous of issuing Consolidated Debentures to such an amount as will enable the city either by the sale or exchange thereof. or both by way of sale and exchange, to redeem all of said outstanding debentures of Series "I" and .Series "0" and to discharge its indebtedness to the Sinking Fund Trustees of the City of Edmonton and to the Boards of Trustees of said School Districts; and

Whereas, the Sinking Fund Trustees of the City of Ed­ monton have consented to exchange said debentures of Series "I" and Series "0" now held by them for Consoli­ dated Debentures of the City of Edmonton issued pursuant to the authority contained in this section, and have further consented to accept said Consolidated Debentures in satis­ . faction of said indebtedness of $2,738,458.48, now owing by the city to the Sinking Fund Trustees ~s aforesaid; and

Whereas, the city holds the sum of $273,089.76, which represents collections of arrears of taxes and from the sale of lands acquired by the city under tax sale proceedings on account of arrears of taxes charged with the payment of debentures of Series "I" and Series "0" and indebtedness by the city to said Sinking Fund Trustees.

(1) For the purposes above recited the city is hereby authorized to borrow from time to time on the credit of the city at large by the issue of Consolidated Debentures of the City of. Edmonton not exceeding in the aggregate principal amount the sum of $5,250,000 all ranking pari passu and without preference or priority one over another.

The city may issue and sell debentures forming part of said issue, to be designated Series "A," to such a principal amount as will realize, after payment of the discount, if any, and other charges and expenses in connection with the issue and sale thereof, the net sum required to redeem said debentures of Series "I" to the amount of $971,000 now outstanding in the hands of the public, including accrued interest to date of redemption, and the city's indebtednesses to the Boards of Trustees of said School Districts.

The city may issue and deliver to the Sinking Fund Trustees of the City of Edmon­ ton debentures forming part of said issue to be designated Series "B," in a principal amount equal to the sum of its indebtedness to the Sinking Fund Trustees as aforesaid and the principal amount of said debentures of Series "I" and Series "0" now held by the Sinking Fund Trustees, in exchange for and upon surrender of said debentures and in discharge of said indebtedness, and the Sinking Fund Trustees may accept said Consolidated Debentures

8 in exchange for said debentures of Series "I" and Series "0" now held by them and in full satisfaction of the city's indebtedness to them as aforesaid and of any securities heretofore given by the city to the Sinking Fund Trustees on account of said indebtedness.

(2) The said Consolidated Debentures may be issued at any time or times and if desired prior to proceedings being taken by the city to effect the redemption of said debentures of Series "1." and the purchasers of any of the Raid Consol­ idated Debentures shall not be bound to enquire into any proceedings which the city may be obliged or may desire to take under said By-laws 26, 1919, and 38, '1921, or under this Act, or to enquire into thE:\ application of the purchase moneys.

A recital or declaration in any by-law authorizing the issue of said Consolidated Debentures, that it is neces­ sary to issue and sell debentures to the amount and for the purposes therein mentioned shall be conclusive evidence of that fact. .

(3) If said Consolidated Debentures of Series "A" are sold before the date fixed by Council for the redemption of said debentures of Series "I" outstanding in the hands of the public, the proceeds of the sale shall be deposited in a special trust account in a chartered bank in the City of Edmonton in trust for the holders of the said Series "I" debentures, and upon such deposit the lien of said debentures of Series "I" on the arrears of taxes for the year 1918 and the years prior thereto shall terminate, provided said Consolidated Debentures of Series "B" have then been issued and deliv­ ered by the city to the Sinking Fund Trustees in exchange for said debentures of Series "I" and Series "0" held by the Sinking Fund Trustees and in discharge of the city's said indebtedness to the Sinking Fund Trustees. , .

(4) The said consolidated debentures of both Series "A" and Series "B" may be issued at such time or times, in one or more issues and be made payable during such period or periods not exceeding twenty years from the date thereof, in such manner and by such modes of payment and subject to such provisions as to redemption, if any, as· the council may from time to time determine. If issued subject to re­ demption by the city before their maturity date, such de­ bentures shall contain on the face thereof reference to the redemption provisions.

The said c~nsolidated debentures of both Series "A" and Series "B" may bear interest at such rate, not exceeding five and one-half per cent, as the 'council may determine, and be payable at such place or places and in such currency and in such manner as the council may de­ termine.

(5) The council may by resolution apply the said sum of $273,089.76 against anyone or more of the said indebted­ nesses including those to said Boards of Trustees of said School Districts as it shall think fit.

(6) By-laws may be passed by the council of the city from time to time pursuant to the authority contained in this sec­ tion without the assent of the burgesses.

(7) The debentures issued under the provisions of a by­ law passed pursuant to this

section shall not form part of the debenture debt of the city within the meaning of the sections of The Edmonton Charter limiting the borrowing powers of the city, and it shall not be necessary to recite the Hmount of the loan authorized by any such by-law in any by-law for borrowing money.

(8) When the city has issued and delivered to the Sinking Fund Trustees said Consolidated Debentures of Series "B" in exchange for said debentures of Series "I" and Series "0" held by the Sinking Fund Trustees and said debentures of Series "I" and Series "0" have been cancelled and upon redemption by the city of said debentures of Series "I" now outstanding in the hands of the public 'or upon deposit into said special trust account of the proceeds of said Con­ solidated Debentures of Series "A," the lien of the said debentures of Series "I" and Series "0" on the arrears of taxes for the year nineteen twenty and the years prior thereto shall terminate.

(9) All moneys hereafter collected from arrears of taxes outstanding and unpaid on the thirty-first day of December, 1924, or the proceeds from the sale of lands acquired by the city under any tax sale or other proceedings for the recovery of taxes on account of arrears of taxes outstanding and un­ paid on the thirty-first day of December, 1924, shall as and when collected in each year be applied: (

a) In payment of the sinking fund falling due within the year on the said consolidated debentures; (

b) In payment of any arrears of sinking fund due in respect of any other debentures heretofore issued by the city; (

c) In redemption of the said consolidated debentures.

(10) If in any year the moneys received from the collec­ tion of said arrears of taxes or proceeds of sale of lands shall not be sufficient to pay the annual interest and annual sinking fund upon the said consolidated debentures, the council shall provide for the deficiency in the estimates for the same or the following year and levy and collect the same by a general rate. 5. This Act shall come into force on the day upon which it is assented to.

No. 10. FIFTH SESSION FIFTH LEGISLATURE 15 GEORGE V 1925 BILL

An Act to amend the Acts constitut­ ing The Edmonton Charter and to validate certain Local Improve­ ment and other By-laws of the City of Edmonton. Received and read the First time .................... . Second time .................. . Third time ................... . MR. McLENNAN. EDMONTON: J. W. JEFFERY. KING's PRINTER A.D. 1925 Title: 1925 (5th, 5th) Bill 10,

An Act to amend the Acts constituting The Edmonton Charter and to validate certain Local Improvement and other By-laws of the City of Edmonton