Bill 22 (Legislature 1, Session 4)
L1 S4 10281
Alberta — Bills
B I L'L N 0. o·r 1~09.
An Act to amend Ordinances and Statutes respecting the Oity ot Calgary, a.nd to va.l.idate and confirm certain by-la.wa ot the said City.
WHEREAS the Corporation ot the 01 ty ot Calgary has pra3ed f'or amendments to the Orll1nanoe;. Oh$.pter 33 ot 1893, and other Ordinaces of the late N. W. T~, and the Statutes ot the Pro vince of' Alberta, 1905• 1907 an4 1908. AND
WHEREAS it is expedient to grant euah prayer. 'l'H.EREI'ORE His lla.jeety, by and with the advice and con• sent of the Legislative Assembly ot the Province ot Alberta, enacts as follows -
Section 2, of
Chapter oo,.ot the Statutes or Alberta, 1906, is hereby amended by adding after the word •reoonetruo tion' · in the second last line or sub-section 131, the words 'or the making or any water or sewer connections•, and by add ing after
Section (
a) of 132, the tollo•1ns - "In case the Oouno1~ deem it neoeesary .in the inter est of' the Sani te.ry arrangements or the Oi ty, a.s afore said, or as re~ired by the ~nicipal by-laws or the Oity ot Calgary in regard to sanitation, to install water and sewer qonneot1ona w1 th any houses or bu11d.1ngsj and where the owners of such buildings are unable to pay te>r the· work themselves, or retuae to· dQ: so, the City Oouno1l mq in suc;.h.9aae, without a. vote of the rate· .prqera, and Without any notice, 'by a. vote of two-thirde of the members present a.t _,. regular meeting pass a by-law o:r by-laws -.u thor1zins ·the 1nata.llat1on ot the proper sewer and wa.ter o.onnec,t1one w1 th any properties or buildings 1n th• sa1ct''Ottr, and providing tor raisins ot thf! ... amounta~)~~floeeeary tor Jllflking auoh connections, and that the oo.ete there~/ah0\ll4 be charged aga1nsttlle property benet.1 ted thereor,. · .1J1 th 1n't;.rest -.t the ra.te of eight per-c~nt per anmli~t · pqa.lp);.e in, ai~ annual 1n nallmente as
part Cit and ·1a· ·ad.di \ton to ~e regular taxes, and shall be levied against' each prQperty so con neo\ed in the same mann•r as too~ Improv•~nt Frontage Taxes are now levied, the add ob&rse to be a !1ret lien
2 against the said property benefited and also authorizing the City to issue debentures for such amount as may be nooessar.r on the credit ot the City at large to be used exclusively tor this purpose, and as provided in Ordin ance 33 of 1893, and amendments thereto."
Section 22 of
Chapter 32 of the Statutes of Alberta, 1907; is hereby repealed and sub-section 132 of
Section 2 of
Chapter 55 ot the Statutes ot -.Alberta, 1906, 1e he:reby deola.real to be of full force and effect, as before passing of the sec tion hereby repealed.
Section 166 of C~pter 33 ot the Ordinances ot the N. w. T. or 1893, is hereby amended by striking out the word 'fitteen• in the fifth line of eaid eeot1on, and in the third line from the end ot the said section, and substituting tbere tor in each case, the word "twenty".
Section 94,
Chapter 33, of the Ordinanceo of the _N. W.T., 1893, 1e hereby amended by adding the following sub-section atter se~t1on 94. (a) "If any person in such request states that he is possessed of suft1aient qualifications to be pla.oed on the assessment roll and establiehej the same to the eat- 1staot1on ot the Oity Clerk. then the latter may add such person's name to the list. and strike ott the name ot any other person appearing on the Roll qualifying tor the same property, by giving a notice to such person in writing, by registered letter, posted in the Poet Office at Calgary. (
b) In order to verity such request, the Oity Clerk shall have the authority to take the attida.v1t or Statu tory Declaration from a10h party on oath• or take an a:t ti4av1t under oath ot any person whom he sees tit, or tor such purposes as hereby authorized to adminster such oath. (
c) In oa..ee any !JUCh party above mentioned is diseatia tied with the deCBion ot ~be Oity Clerk he may give the Oity Clerk notice ot the Appeal to a gudge of the Supreme Court.
Section 96, ot Oha.pter:!3311 of the Ordinances or the N • W. T., 1893• ia hereby repeal. edt arid the toll owing
section
3 substituted therefor. (96)"!n oaae ot an7 appeal under sub-seot1on·"c" ot sec tion 94, the City Oler.k shall imme41ate~ obtain an ap pointment trom the Jud.Se to try the sa14 appeal and shall notify all parties -.ppeal1ns of the date eet tor hearing the appeals, by registered letter addreesed to them at Calgary • and the Ol,erk shall attend be! ore the Judge on the said day, with the Asaessn1ent Roll and Voters List." 6.
WHEREAS the City Oounoil of the P1ty of Oalgary,w1th the approval ot~e electors, and by virtue of Ordinance 33 of 1893, ~d amendm•nts thereto, paased a by~law, Number 743, authoriz ing the iseue of Debentures ot the ea1d Oity, to the amount ot $26,000.00, as follows - (a) .Th~ aum ot tl6,400.00 to improve and. establish tne Parke and Cemeteries ot the 01ty (
b) The sum of !$5,000-~_tor t-he purpose ot building catch basins in tha City. · (
a) The sum or $2,000.00 tor the purpose ot gra.~.~ the hill on Victoria Road. (
d) The sum ot teoo.oo to improve and construct addition to the Cremator.y. AND
WHEREAS the said Oounoil did issue debentures tor the sum of tes,ooo.001 payable in twenty years, at 4i%; AND
WHEREAS the said by-law waa passed in the Council ot the City ot Calgary on the 9th. day or May, 1907, and came into etfeot on the first day ot June, 1907; AND
WHEREAS certain dOUbte have arisen as to the validity ot the aQ.id by-law, and the debentures authorized by the same; THEREFORE, it is hereb,y enacted· as tollowe- THAT By-la.w, Number 743, pa.esed by the Council on the 9th day ot May,. 1907 1 is hereby declared legal, valid and binding on the sa.14 01 ty of Oalgary, notw1 thstand1ng any 1n:f'ormal1 ties, irregularities and deteote therein, e1 ther in: substance or in form, and each and all ot the debentur-es and coupons therein attached, issued, or to be issued therein, are hereby declared to be legal and valid, and the City ot Calgary shall be bound to p~ eaoh and all of the Said debentures and coupons as here-
4 1n respectively stated. 7. wmmEAS the Oouno1l of the Oi ty ot Calgary purporting to act under and by virtue of the authority oonterred upon it by Ordinance No • 33 ot 18 9.3, ot the N. W. T. , and amendments thereto, did pass several 'by-la.wa authorizing the 1saue o4 de bentures tor Local Improvement' in the said City ot Calgary, tor the amounts and tor the purposes :following, V1ZJ'"' By-Law No •. 764 passed on the 89th. day of' July, 1907t tor t5e,ooo.oo for the oonst~otion of sewers 1n the said City.
By-Law No. 775, passed on the 9th. day of September, 1907 tor $39,000.00 for the construction of sewers 1n the City. By-Law No. 882• passed on the 24th. day of August, 1908, for $110,000.00 f'or the construction ot sewers in the said City. AND WH.EREAS debe~jures were issued by the said Oity for the en10unt ot the said by-laws to be paid by· the 01 ty J. AND
WHEREAS provfsion~o~ were made for aolleot1on of the \.mount from the pJ"operty a.ss1eseed for the amount due by the said property; AND
WHEREAS doubts have arisen as to the' ~alid1ty of the said several by-laws and the debentures au~hor1zed thereinJ AND
WHEREAS 1 t is a.dvisa.ble tbat the said several by laws should be validated and oontinned;
NOW THEREFORE it 18 enacted as :t"ollowa - That By--Laws, numbered 764, 7.7~ and saa passed by the Oouno11 ot the City or uargary, on the 29th. day of July,l9071 the 9th. day or September, 19071 and the 24th. d~ ot August, 1908, aee each ot them herehw declared legal• Ta.~id and bind ing on the said City ot Oalg~, notwithstanding any informal ities, 1rregular1t1e3 or defects therein, either in substance or in torm or in procedure taken 1n }lasa1ng the several by laws, and all the debentures and ooupone thereto attached, is sued or to be issued therein are hereby dealared legal, and
valid, a.nd the ea.1d-0'11iy ot Os.lg&Zy shall be bound to pq each and all ot the Debentures and Coupons as therein respectively stated. Title: 1909 (1st, 4th) Bill 22,
An Act to amend Ordinances and Statutes respecting the City of Calgary, and to validate and confirm certain by-laws of the said City