Bill 1 (Legislature 10, Session 3)

L10 S3 7434

Alberta — Bills

BILL No.1 of 1946.

An Act to amend The Lethbridge City Charter. (Assented to , 1946.)

WHEREAS, the City of Lethbridge has prayed fo.r certain amendments to The Lethbridge City Charter, being

chapter 75 of the Statutes of Albevta} 1928; and

Whereas it is expedient to grant the prayer of the said petition; Therefo.re His Majesty, by and with the consent of the Legislative As'sembly of the Pro.vince of Alberta, enacts as follows: The Lethbridge City Charter, being

chapter 75 of the Statutes of Alberta, 1928, is hereby amended as fo.llows:

Section 1 of Title IV is amended by striking out said

section 1 and substituting the following therefor: "1. The persons and corporatio.ns entitled to vote at elec tions in the City of Lethbridge shall be those persons and corporations whose names appear on the last revised voters' li$t which shall be prepared annually as hereinafter pro vided." 2. He'ction 2 of Title IV is amended by striking out the words "first day of Septemher", where they appear in the first and second lines of said section, and substituting there for the words "First day of October."

Section 3 of Title IV is amended by striking out said

section 3 and all subsections and clauses thereof and sub stituting the following therefor: "3. The City Assessor shall place on the said vo.ters' list, " (

a) The names of all persons, both male and female, of the full age of twenty-one years, who are assessed in their own right on the last revised Assessment Roll for real or personal property of the value of two hundred dollars or upwards, and where the real property is owned by two or more persons and is assessed in their names, each such person shall be entitled to be placed on the said voters' list if the total assess·ed value of the property is sufficient when divided to give each person a rating. of two. hundred dollars or more; if otherw~se, none of such persons shall be entitled to be pla,ced on the voters' list. "(

b) The names of the husbands and wives of the persons whos·e names appear o.n the said assessment roll provided application in writing signed by the person assessed is made

2 to the City Assess·or on or befor'e Augus1t first in each year to have the husband or wife, as the case may be, of such person placed on said voters' list, and provtided further that the husband and wife are living togethe'r in the City of Leth bridge at the time of such application and that the assessed value of the property assessed in the name of the husband or wife making the application is over four hundred dollars; And provided further that the dty assessor shall require and obtain from any such appHcant proof satisfactory to him of his or her qualification and that for that purpose the. city assessor or any deputy appointed by him in writing shall have authority to take from any such appli.cant a statutory declaration Dr aff1irmation proving any statement made by the said applicant.

" (

c) The names of all corporations assessed on the last revised assessment roll for real or personal property of the value of two hundred donars or upwards, provided that any such corporation so entered on the voters' list may VQte by any person being an officer, member Qr employee of the corporation, but no person shall vote for more than one corporation and no person shall be entitled to vote for any corporatiion if he or she is otherwise entitled to vote. "(

d) The names of all persons, both male and fem.ale, of the full age of twenty-one years, who are British subjects by birth or naturalization and who are residing in the City of Lethbridge and who have SQ' resided continuously since the 30th day of November of the year immediately preceding the year in which the voter's list is being prepared, provided each such person in the year for which the voters' list is being prepared haR made an application to be placed on the voters' list fo.r the then ,current year, in the manner and at the time hereinafter set forth and prescribed, to a Registrar appointed by the ·City Council to rece1ive, hear and record such applications." 4.

By adding to Title IV immediately following

section 3 of said Title the following

section to be known as

section 3. A. of said Title IV:- "3. A.

(1) The City Council shall at or before its last meeting in the month of March in each year appoint a reg istrar to receive, hear, and record the applications of all persons qualified under the provisions of subsection (

d) of

section 3 of this Title IV. "

(2) The said registrar shall after notJice thereof posted on the principal door of the city hall during the last fifteen days ;.of the ~onth of April in each year and published in at least three Issues of a newspaper published in the City of Lethbridge during the m,onth of April in each year, cause to be opened and kept open by the said registrar, or a deputy appointed in writing by the said registrar,an office for the regisltration of persons qualified under the provisions of subsection (

d) of

section 3 of this Title IV, during the months of May, June, July, and Augustin each year between the hours of nine in the forenoon and five in the afternoon of e,ach Monday, Tuesday, Wednesday, Thursday and Friday

3 of said 'p€riod, and between the hours of two in the afternoon and nine in the afternoon of each Saturday of said period. "

(3) All persons duly qualified under the provisions of subse'ction (d) .of seetJion 3 of this Title IV who appear in person at the said Registration Office during the period af?resaid shall upon making before the officer in ,charge of saId registration office (who is hereby authorized and empowered to administer the same) an oarth or affirmation or solemn declaration that he or she is 'So qualified, be en titled to be registered as a voter, and the registrar shall place or cause to be placed the names and addresses of all such persons on his list of registered voters.

"( 4) Every person upon r'egistration as aforesaid shall state to the officer in charge of the registration office whether he or she is a public sehool supporter or a separate school 'Supporter, and the said registration officer shall mark the list 'a'ocordingly. "

(5) As soon as the said registration of voters has been completed and not lat€r than the fifth day of Septemher in ea'ch year, the registrar shall del1iver or transmit to. the City Assessor his list of voters regis,iered as aforesaid, together with the whole o.f the voters' dedarations, and the assessor shall keep the said declarations filed so long as the list of voters to which they relate is 'in force." 5. By adding to Title IV immediately following said

section 3. A. of said Title IV the following to be known as s'ection 3. B. of said Title IV: "3. B. After delivery to him by the registrar of the list provided for in

section 3. A. hereof and within the time and in aecordanee with the provisions of se,ction 2 of this Title IV, the city 'assessor shall prepare a voters' list and deliver the same to the rCity derk to be dealt with by the city clerk in the manner provided for in

section 2 of this Title IV." H. By adding to Title IV immediately following said

section 3. B. 'Of said Title IV the following to be known as

section 3. C. of said Title IV: "3. C. After a person or corporation whose name appears on the assessment roll has o.nce been placed on the voters' list as hereinbefore provtided, his, her or its name shall be continued on the voter's list from year to year so long as it remains on the assessm'ent roll, and likewise the name of the wife or husband 'Of any such person after being placed on the voters' list shall be continued on the s:ame from year to year so long as the name of such person remains on the asses'sment roll." 7. By adding to Title IV immediately following said

section 3. C. of said Title IV the following to be known as

section 3. D. of said Title IV: "3. D. If any person or corporation whose name appears on the last revis,ed assessment roll has his, her or its name omitted through error from the voters' list, he, she orit shall be entitled to vote by procuring from the ass,essor a certifi cate that his, he'ror its name does so appear on the last

4 revised assessment roll and that he, she or it is entitled to vow and such certificate must be given to the deputy return ing bfficer or the person in charge o~ the p.oll before .voting; and if the name of any person mentIOned In subsectIOn (~) of

section 3 of this Title IV is omitted from the voters' hst through error after proper application has been made, he, or she shall be entitled to vote by procuring frO'm the assessor a certificate that his or her name should have been on the voters' list and that he or she is entitled to' vote, and such certificate must be given to the deputy returning officer or person in charge of the poll before voting." 8. By adding to Title IV immediately following said sec tion 3. D. of said Title IV the following to be known as

section 3. E. of said Title IV: ",3. E.

On or before the first day of November in each year the city assessor shall enter on a supplementary voters' list which shall form a part of the revised voter's list and be delivered forthwith to the city clerk, the names of all persons who, on or before the 15th day -of O:ctober of the current year, ha ve paid the poll tax or service ,tax or rental tax or flO'or sp-ace tax for the current year, and of all corporations which have on or before the 15th day of October of the current year paid rental tax O'r floor space tax for the current year, the said pers'Ons having resided in the city for two months prior to the 15th day of October in the current year, and the said corporations having be-en estaolished and doing business in the city for two months prior to the 15th day of October in the current year, and if by error or omiissi'On the name of any person or corporation so qualified as aforesaid has his, her or its name omitted from such supplementary voters' list. such person or corporation may apply to the tax collector of the city for a certificate that he, she or ithas paid the said poll tax or service tax or rental tax or floor space tax, and the said tax collector shall issue such certificate, and upon presenting the said certificate to the deputy returning officer at the poll where such person orcorpO'ration is entitled to vote, the said person or the qualified representative of the corPQration shall receive a ballot paper and be entitled to vote, but the provisions of dause (

c) of

section 3 of this Title shall apply to voting on behalf of any such corpora tion." 9. By striking out

section 4 of Title IV and substituting the following to be known as

section 4 of said Title IV: "4.

Any person whose name appears on the voters' list and who challenges or takes objection to the name of any cor poratic>fl or other person appe.aring on such llist on the gr'Ound that such corporation or other pers'On is not duly qualified to be a ~'Oter under the p~o~isions 'Of t~is Act, may apply to have the lIst amended by gIVIng to the CIty clerk on or before the 20th. day o.f Oct'Ober in any yeay a notice in writing of his or her IntentIon to apply to the CIty council for an amendment of the said list by striking out the name of such corporation or other person and such notice shall state the grounds of challenge or objection to the qualification of such corporation

5 or other person. Notice of such challenge or obje,ction shall be immediately mailed by the city clerk to the person or corporation challenged or objected to. addressed to such person 'orcorp'0ration at his, her '01" its residence or place of business within the city." 10. By striking out

section 5 of Title IV and substituting the following to be known as

Section 5 of said Title IV:- :'5. Durin'g the period from the 10th day '0f October to the 20th day of October (both days inclusive), in any year, any person may apply to the dty assessor at his office in the city hall to have his or her name added to the voters' list if im properly omiitted therefrom ,or to change his or her place of residence as entered, and the city aSiseSS'0r shall forthwith report any such applications to the dtyclel'k." 11. By striking out

section 6 of Title IV and substituting the following to be known as 'section 6 of said Title IV: "6. On or before the 31st day of October in each year the city clerk shaH make a Est of all applications for amendments to the voters' list, including applications. made to the city assessor under

section 5 hereof, stating the names of such applicants and the grounds '0f each such application, and shall post the said list in a conspicuous place in his office, and he shall immediately thereafter notify by mail the parties interested of the time and. place when the city council, sitting as a final court of rev:ision on the voters' list, will hear and determine all such applications." 12. By striking out

section 7 of Title IV and substituting the following to be known as

section 7 of said Title IV: "7.

On the 8th day of November in ea,ch year the city counc,il shall meet as a final court of revision on the voters' list, including the supplementary voters' list, and shall then hear and determine all applications of which notice has been given either to the .city assessor or the .city clerk as herein before provided for in 'sections 4 and 5 of this Title, and the city .clerk shall thereupon amend the voters' list including the supplem,entary voters' list in all cases as directed by the city council, and the list so amended, including the supplementary voters' lis,t, shall be the voters' list of the city for the ensuing year Dr until a new voters' list has been carefully revised, and forthwith thereafter the city clerk shall in case the city is divided into polling subdivisions prepare a list of the voters entitled to vote in ea,ch polling subdivision." 13.

By striking out sections 8 and 9 of Title IV.

Section 7 of Title XIII is amended by adding the words "or employee" immediately following the word "officer" where the said word "officer" 0:ccurs in the first line of s'aid secti'0n.

Section 5 of Title III is struck out and the following substituted therefor to be known as

section 5 of said Title III:

6 "5. From and after January 1st, 1946, each councillor shall be paid a fee of $5.00 for each regular or special meeting of the council which he attends, including meetings of the council sitting as a court of revision or as the appeal board under the City Zoning By-law, but the amount paid to any councillor for attendances in anyone year shall not exceed $250.00."

Section 10 of Title VI is amended by strking' out the word "eighteen", where it appears in the sixth line of said section, and substituting therefor the word "twenty". 17. Title XXXVIII is amended by adding thereto im mediately following

section 5 of said Title a further

section to be known as se'ction 5. A. Gf said Title XXXVIII, namely: "5. A. Notwithstanding any previously established system or practice, a corner property which has been charged or assessed for sewer construction cost fo.r frontage on one street or avenue shall not be charged Gr aSlsessed fDr sewer construction cost on the other street or avenue upo.n which it has frontage."

Section 7 of Title XXVII is hereby amended by strik w ing out the word "either", where it occurs in the third line of said Section, and substituting therefor the w'ord "any", and by adding tOo said s·ection 7 immediately fGllowing sub s,ection (b), thereof a further subsection to. be known as sub

section (

c) of said

section 7: "7 (

c) In such manner that the principal shall be repay able in equal conse,cutive annual payments, together with annual payments of interest .on the amount of principal from time to time remaining unpaid." 19. By adding to. Title XLI immediately following

section 8 thereof a further

section to be known as

section 9 of said Title XLI, namely: "9.

An Agreement dated the 28th day of August, A.D. 1945, made between the Corporation of the City of Leth bridge, of the First Part, His Majesty the King in the right of Canada, of the Second Part, and Wartime Housing Limited, of the Third Part, which provides for the convey ance by the Corporation of the City of Lethbridge to His Majesty the King in the right of Canada of certain parcels .of vacant land within the City of Lethbridge for the purpose of providing building si1:€s for low rental houses to be erected thereon by His Majesty or said Wartime Housing Limited, and also provides for exemption of the said building sites and houses from taxes and certain other charges and assess ments by the City for a period of f.ifteen years in ~onsidera tion of payment of a fixed annual rate or sum, and further provid'es that any existing or future provisions of the City Charter and/or by-laws of the city regarding the manner, mode, location and type 'Of construction shall not apply to any such houses, is hereby validated and confirmed and declared to be legal and bind-ing upon the City of Lethbridge ;

7 and the City .of Lethbridge shall have pDwer by by-law Dr by ~esolution of the city co.uncilto 'make and enter into. any fur~her Dr supplementary agreement Dr agreements with His ~IaJesty the King in the right of Canada 'and Wartime HDUS ll;tg Limited, 0'1' either of them, which seem advisable to. the Cl'~y cDuncil f'Or the purpose .of providing IDW rental hDuses wIthin the city, and may acquire any land or prDperty neces sa~y therefor by pur,chase, gift Dr .otherwise, Gr by expro pr~atiQn proceedings pursuant to. the prGvisiDns .of The Leth brtdge Charter, and may, in and by any such agreement Dr supplementary agreement provide for exemptiDn 'Of any such low rental houses and their sites frGm taxes and .other as,sess ments and charges .of the' city for a periDd nDt exceeding fifteen years in 'consideratiDn Gf payment 'Of a fixed annual rate Dr sum which may be IGwer than that prevailing in the rest Df the City." 20.

By adding to. Title XLI a further

section to be knDwn as

section 10 .of said Title XLI, namely: "10.

An Agreement dated the 9th day .of July, A.D. 1945, made between the City 'Of Lethbridge, of the One Part, and the DirectDr, The Veterans' Land Act, of the Other Part, fDr the e'stablishment Gf veterans on land units within the City Df Lethbridge pursuant to. the prGvisiGns. .of The Veterans' Land Act of the DO'miniGn of Canada whi;ch prDvides inter alia, fDr tax exemptiDn .of each unit until sDld to a veteran and taxatiDn .of each unit fDr fifteen years after sale to. a vets-ran at a fixed annual rate Dr sum is he'reby validated and 'confirn1ed and declared to. be l'egal and binding upDn the City o.f Lethbridge; and the City of Lethbridge s~all have power by by-law or by resDlutio.n Gf the city c'Ouncil to. make such further 0.1' supplemenrta.ry Agreement Dr Agreements with the said Director Dr His, Majesty in the right .of the Dominion .of Canada 0'1' with His Majesty in the right .of the Province of Alberta, 0.1' any 'Other persDn Dr CorpQration which the -city cGuncil may deem advisable, fDr the estab lishment .of veterans on lands within the City of Lethbridge, and fDr such purpGse may acquire any land 'Or real prGperty ne'cessary the ref Dr by purchase, gift or otherwise, and by exprDpriatiGn pro.ceedings pursuant to. the provisiDns .of The Lethbridge Charter,. and may provide for a tax assessment .on any property established fDr the use Gf veterans within the City .of Lethbridge fDr a fixed annual tax .on such land, which fixed assessment Dr tax may be lDwer than that pre vailing in the rest .of the City, and m,ay apply during such period nDt exceeding fifteen years as the Council may deter mine." 21.

By adding to Title XLI a further se-ctiDn to. be knDwn a~ seetiGn 11 .of said Title XLI, namely: "11- (

a) r:Phe City Gf Lethbridge shall have and shall be deemed always to have had pDwer and authority to. acquire, establish, ma:intain and operate an airport situate .on lands in sections 4 and 9, in tDwnship' 8, range 21, west .of the fGurth meridian, in the PrDvince Gf Alberta, and to. instal, construct and erect imprDvements. facilities and buildings

8 thereon, including improvements, faciHties and buildings for the use or oecupation by persons, firms or corporations other than the City of Lethbridge, upon such terms as may be delemed advisable by the City Council; and to carryon on said airport site the business of a dealer in, and vendor of any goods, eommodHies or supplie~ req?ired by any pers~n, firm .or corporation using the saId aIrport or~ny of Its improvements, facilities or buildings; and to acqUIre by pur chase, gift, or otherwise howsoever, adjacent lands .as an addition to the said airport site, and to lease, sell or dIspose of said airport and the improvements, facilities and buildings thereon, or any part thereof, upon such terms and for such consideration as may be deemed advisable· by the City Council.

"(

b) The said airport lands with the improvements, facil ities and buildings thereon, shall, while owned by the City of Lethbridge, be exempt from taxation by any taxing authority having jurisdktion in, or control over, the area in which said airport is situate. " (

c) The City of Lethbridge shall have and shall be deemed always to have had power and authority t,o extend its bus transportation system to and from said airport from and to any part of the City of Lethbridge and to charge special passenger fares Iseparate or different from and higher than passenger fares charged within the city." 22. By adding to Title XXXVIII immediately following

section 22. of said Title a further

section to be known as

section 23 of said Title XXXVIII: "23. N'0twithstanding any of the provisions of this Title XXXVIII to the contrary, the City of Lethbridge shall have and shall be deemed always to have had power and authority to open up, widen, straighten, extend, grade, level, macada mize, pave, hard sHrfa·ce, recDnstruct and improve any public highway Dr public plaee within the City of Lethbridge at the cost of the city at large, provided such eost is paid out of current revenue for the year in which the wDrk is done." 23. By adding to Title XXXII immediately following

section 7 of said Ti'tle a further

section to be known as

section 8 of said Title XXXII: "8. The City of Lethbridge shall have and shall be deemed always to have had power and authority by levy or otherwise to create and accumulate a reserve fund to ,cover the cost of unspecified municipal works or undertakings or delayed public improvements within the city to be undertaken at such time Dr times as to the city council seems advi.sable; provided, however, that in any year hereafter, beginning with the year 1946, the amount so levied or a0cumulated shall not exceed $25,000.00." 24. Subsection (

f) of sectiDn (2) of Title XXXII which is inconsistent with the provisions of Title IV is hereby struck out. 25. This Act shall ,come into force on the day upon which it is assented to.

THIRD SESSION TENTH LEGISLATURE 10 GEORGE VI 1946 BILL

An Act to amend The L€thbridge City Charter. Recei ved and read the First time .......................... ··.············· Second time ..................................... . Third time ....... MR. J. C. LANDERYOU. EDMONTON: A. Shnitka, King's Printer. 1946 Title: 1946 (10th, 3rd) Bill 1,

An Act to amend The Lethbridge City Charter

Document details

Collection	Alberta — Bills
Citation	L10 S3 7434
Type	bill
Volume / chapter	L10 S3 7434
Language	en
Format	json
Source	PROVINCIAL
Identifier	ac553fa07f1bbd2326ac4a7b2b31b2ae14ac6a1e

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