BILL No.6 of 1928.

An Act to amend the Acts and Ordinances constituting the Charter of the City of Calgary. (Assented to ,1928.)

WHEREAS the City of Calgary has prayed for certain amendments to Ordinance 33 of 1893 of the North­ West Territories and amendments thereto; And

whereas it is expedient to grant the prayer of the said petition; Therefore His Majesty, by and with the advice and con­ sent of the Legislative Assembly of the Province of Alberta, enacts as follows: Ordinance 33 of 1893, North-West Territories, and amend­ ments thereto, is hereby amended as follows: 1. By adding the following as

section 275 thereto: "275. Where the City of Calgary has established, 01' here- Moneys poy­ after establishes, a pension scheme in respect of all or any of ~f;ic ~~~ion its departments, any moneys payable from any such pension ~~~~~:IIt; be fund to any employee or to his estate, whether by way of unattachable annuity, death benefit or otherwise, shall not be subject to ~~~ssignable, garnishment or attachment 01' seizure or any legal process whatsoever, except in respect of a charge of failure to account for public moneys or for any debt due to the City of Calgary and all moneys so payable under the said pen- sion scheme shall be unassignable."- 2. By adding the following as

section 276 thereto: "276. Block 'A' according to a plan of part of the City Salvation of Calgary, of record in the Land .Titles Office for the Southt.,r~:e~~~!~al Alberta Land Registration District as Plan '3661-AG-Cal- ~~~: general gary,' owned by the Salvation Army, on which there is pres- ently erected a hospital known as 'Grace Hospital,' shall be and is hereby declared to be exempt from all general taxes chargeable by the City of Calgary, as long as the said property is owned by the said Salvation Army and used for hospital purposes, provided that the said exemption shall not apply to special taxes."

2 3. By adding the following as

section 277 thereto: Any person. "~77.

Any person, firm or corporation engaged in the sale firm or cor- d' . po ration an dlstrlbution of natural gas within the City of Calgary, di~;;i~::i~g whether pursuant to any franchise granted by the ratepay­ !r!,-s within the ers of th~ City or by sufferance or under any order of the 2!~~~r~ shall Board of Public Utility Commissioners or otherwise how­ ~f~.!'';u:tY soever, shall pay to the City of Calgary by way of annual ~h::sn~~ai'f taxes from year to year, a sum equal to five per cent gro~s revenue of the annual gross revenue derived by the said person, firm derived from t' d f th I d d' t 'b t' the sale of or corpora lOn so engage, rom e sa e an IS 1'1 U lOn gas of natural gas within the City of Calgary.

Council may provide an .. nually for capital ex .. penditures of not more than fitty thoUf'>nlld dol'larR in respect of its various utility departments " (

n) The tax payable in any year shall' be based on the gross revenue for the year next preceding and shall be payable on the date fixed for the payment of bus­ iness taX' and shall be subject to the same penalties and discounts as are applicable to the business tax. " (

b) The said tax shall be payable in the year 1928 by the Canadian Western Natural Gas, Light, Heat & Power Co., Ltd., and shall for the year 1928 be five per cent of the gross revenue of the said company derived from the sale of natural gas in the City of Calgary in the year 1927. Thereafter the said company shall continue to be liable to the pay­ ment of the said tax as long as it is engaged in the sale and distribution of natural gas within the City of Calgary. " (

c) The said tax shall be in addition to any general taxes or special taxes in respect of any lands and improvements owned or occupied by any person, firm or corporation so engaged in the sa,le and distri­ bution of natural gas. "(

d) The payment of the said tax shall not confer upon the payer any Bpecial franchise rights nor any right to use the City's streets for the sale and distribu­ tion of gas." 4. By adding the following as

section 278 thereto: "278. (

n) The Council of the City of Calgary is hereby empowered without a vote of the rat~payers, but subject to the approval of the Board of Public Util­ ity Commissioners, to borrow such sums as may be necessary to improve and rehabilitate the works and services of or to provide additional equipment for the Electric Light & Power Dept., the Street Railway Dept., and the Watenyorks Dept. of the City of Calgary: "Provided that no sum in excess of fifty thousand dollars shall be borrowed in anyone year in respect of the improvement, rehabilitation and equipment of anyone of the said departments: "And provided further that extension of water­ mains or street railway tracks shall not be deemed improvements within the meaning of this section.

"(

b) The power to borrow shall include' the power to issue debentures which when issued shall constitute a valid and binding obligation upon the City of Calgary and the ratepayers thereof."

5. By adding the following as

section 279 thereto: "279.

«((,) The Council of the City of Calgary shall be ~ouncil may deemed to have had and to have pursuant to By-law :'~bu:nding No. 2119 as amended and'By-Iaw No. 2113, the~~ih~~~~~~'_ power to issue without a vote of the ratepayers and ~~eB:::d~?1 without any further approval of the Board of Public Public.U~i1ity Vt 'l't C " d b t 'th t CommISSIOners 1 1 Y OmmISSIOnerS, e en u1'es In e amoun s and years hereinafter specified, that is to say: 1926 ............. , ...... $ 15,238.68 1927 , ... , ... , .......... , 39,145.15 1928 .................... 71,782.68 1929 ,................... 11,133,76 1930 ...... , .......

".... 91,665.84 ] 931 .......... ,......... 70,058.20 1932 ... ," . , .... , , .. , , " 379,080.14 1S33 ""',.,""',", .. , 740,479,95 1934 .. ,.,,",,',."' .. ,. 53,792.27 1935 ., .............. ",. 464,715.18 1936 ",",',',' .... , . , . . 40,582.73 1937 ., .. ,.'., ... ".,".. 96,353.60 1938 .................... 40,484;05 1940 . . . . . . . . . . . . . . . . . . . . 62,251.78 1941 .................... 151,912.89 Ul42 , ..... , . . . . . . . . . . . .. 496,171.62 1943 ..................... 284,023.26 1945 .................... 330,353.23 1951 .... ,............... 178,685.45 1971 .................... 56,924.68 II (

b) Such debentures when issued shall be valid and binding upon the City of Calgary and upon the rate, payers thereof, and shall not be liable to be ques­ tioned in any Court on any ground whatsoever." G. This Act shall come into force on the day on which it is assented to.

4 Alternate Sectioll- 3. By adding the following as

Section 277 thereto: Any person. "277.

Any person, firm or corporation engaged in the firm or .corporation sale and distribution of natural gas within the City of Cal- :~:~!i::~d gary, whether pursuant to any franchise granted by tax ~~s~~fu~~fn ratepayers of the City of Calgary or by sufferance or under "as within any order of the Board of Public Utility Commissioners or the City shall pay taxes on otherwise howsoever, shall be subject to assessment and ~~et~:~l~~fn taxation and shall be assessed on the valuati011 of the plant an~hPparatus and apparatus used in the sale and distribution of natural :ay b;fi~:d gas within the city as fixed by the Board of Public Utility from time to C .. . d th . f t' t time by the OmmlSSlOnerS m any or er ey may Issue rom lme 0 Board of t' . th . f Public Utility lme governmg e pnce 0 gas.

Commissioners " (

a) In case no order is issued by the Board in each The said tax shall be paid for the year 1928 year there shall be added to such valuation the actual cost of extensions to the said plant and ap­ paratus that may be made from time to time since the last preceding order of the Board. " (

b) The person, firm or corporation so engaged shall pay annual taxes at the current mill rate on a valu­ ation so fixed. " (

c) A tax on the said basis shall be paid by the Cana­ dian Western Natural Gas, Light, Heat & Power Co., Ltd., for the year 1928 on a valuation of one million two hundred and fifty thousand dollars and thereafter from year to year on an assessment determined in accordance with the foregoing sec­ tions. "(

d) The said tax sha,!l be in addition to any general taxes or special taxes payable in respect of any lands and improvements owned or occupied by any person, firm or corporation so engaged in the sale and distribution of natural gas. " ( (') The payment of the said tax shall not confer upon the payer any special franchise rights nor any right to use the city's streets for the sale and dis­ tribution of gas."

No.6 .. SECOND SESSION SIXTH LEGISLATURE 18 GEORGE V 1928 BILL i\.n Act to amend the Acts and Ordi­ nances constituting the Charter of the City of Calgary. Received and read the First time ................... . Second time .................. . Third time ................... . MR. WEBSTER. EDMONTON: W. D. MCLEAN. AC'l'iN€> KING'S PRINTER A.D. 1928 Title: 1928 (6th, 2nd) Bill 6,

An Act to amend the Acts and Ordinances constituting the Charter of the City of Calgary