Bill 7 (Legislature 5, Session 1)

L5 S1 9541

Alberta — Bills

BILL No.7 of 1922.

An Act to a,mend the Acts constituting The Edmonton Charter, and to validate a By-law of the City. of Edmonton adjusting the Special Assessments respecting the Wadhurst Park Sewer, (Assented to , 1922.)

WHEREAS a petition has been presented by the City of Edmonton for the amendment of The Edmonton Charter and for, the validation of a by-law adjusting the special assessments respecting Wadhurst Park sewer; And

whereas it is reasonable that the prayer of the said petition should be granted; Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: The Edmonton Charter is hereby amended- 1. By striking out of

section 58 the words: "He shall

Section 58 safely keep all the books, documents, records and securities amended of the council and the originals or duly certified copies of all the by-laws thereof," and' by substituting therefor the words: "He shall safely keep the originals or duly certified copies of all the by-laws of the council and all such books, documents, records and securities of the city as the council shall from time to time by resolution direct." , Sections regarding 2 B t 'k' t t' 84 85 85 d 85b preparation of • y s rl mg ou SeC IOns , , a an as now electors' lists amended, and by substituting therefor the following: :~dc~h'::'~ "84.

The assessor shall' in each year prepare a list .of substituted electors in alphabetical form as hereinafter provided. Assessorl~o , . . prepare 1st He shall place on saId lIst: "(

a) The names of all individuals, both male and female, Qualification being British subjects by birth or naturalization and residents of electors of the city, of the full age of twenty-one years, whose names ~~~:~~:::'es app~ar ~pon the last revised assessment ~oll or rolls,. in- ::e:'ment cludmg mcome tax or other tax rolls or lIsts of the CIty. roll~residing Where real property is owned by two or more individuals lD CIty and is assessed in their names, each of them shall be deemed to be assessed. And where two or more individuals are members of a partnership assessed in respect of business or income each of them shall be deemed to be assessed. ' " (

b) The names of all individuals qualified as aforesaid i~!.!':.:d0~ not being residents Of the city and who apply in the manner not reside~:"

2 hereinafter provided to have their names placed on said list, II (

c) The names of all individuals, both male and female, (r.) Ite"id~nl" t l 'fi d f 'd b' B" h b' b b' h lIot l1""e •• ~<l no qua I e as a oresal, emg ntIs su Jects y lrt or naturalization, of the full age of twenty-one years, who have for five months immediately preceding the fiff;t day of May in the year for which the list is being prepared continuously resided or have their fixed and permanent domicile in the City of Edmonton and who apply in the manner hereinafter provided to have their names placed on said list. "

(2) In case the assessor cannot readily ascertain whether or not any person assessed is a British subject, he shall opposite the name of such person write the word 'swear,' and in case any such person shall tender his vote the officer presiding at the poll shall administer to him the following oath: " 'You swear (or solemnly affirm) that you are a natural born (or naturalized) subject' of His Majesty, of the full age of twenty-one years, and that you are the person' named (or intended to be named) by the name of. .. in the voters' list now shown you (showing list to the voter).' "85.

The said list shall be in alphabetical order and List to h~ in d' h II' bd' , . b fi d b alphabetICal accor mg to t e proper po mg su IVlSlOns to e xe yorder . h 'I h . f . d d . . 93 t according to t e counCI as erema ter provl e m

sectIOn ,a separa e polling "ub- list to be prepared for each such division, which list shall f~v:~i~h state the name and place of residence or address of each elector resides elector. If an elector is a resident of the city his name shall be placed on the list for the polling subdivision in which he resides, If he be not a resident of the city his name may be placed on the list for any polling subdivision in which he is assessed, The said list shall be completed by the thirty-first day of August, "86.

The assessor shall durin o' office hours of everv During l\lay, , "'. oJ June and .Tuly busmess day from the first day of May to the thIrty-first ns.r~8(>r to day of .J uly in each year receive applic;ltiom; personally or ~r~i~~;ti()n" in writing from or on behalf of any individual qualified ~or~~onR under clauses (

b) or (

c) of

section 85 to have their names assessment roUs added to said list, which written application shall be in the form of a declaration setting forth the qualifications of the individual applying. "86a. In order to verify the qualifications of any in- ARRrllROr . di'vidual the assessor may require him to furnish satisfactory :;:.~~r~ru.'rc f h f d h 11 h h ' k I ffid . quahficatlOns proo t ereo an s a ave aut onty to ta e t 1e a aVlt of applicants or statutory declaration of such individual or of any other person he shall see fit, and he is hereby authorized to ad minister any required declaration or oath, "86b.

Upon the completion of said list the assessor shall Vpon1 f post up one typewritten copy within the main entrance ~~~~s~/r~' of the civic block on the north side, one within the main post up hst entrance of the civic building on the south side and in four

3 other conspicuous places in the city. He shall also publish, and adve~ti8e k f . k' such postlDa. once a wee or two consecutIve wee s III a newspaper etc. or newspapers published in the city, a notice stating that such list has been prepared and posted for inspection, stating the places where the same are posted and the time within which application for amendments thereto may be received by him." 3 By inserting after the word "roll" in line six of

section

Section 92 • amended 92 as printed in

section 26 of

chapter 56, 1919, the words "or rolls including income or other tax rolls or lists." 4:. By striking out of

section 97 the words "and in ten Secti~n y7 conspicuous places in the city and shall advertise at least amen e< twice," and by substituting therefor the words "and shall advertise at least three times." 5. By adding to

section 233 the following subsection: "

(4) The granting or refusing of a license to any per~'on Council may to carryon a particular trade, calling, business or occupa- ~:~~keo:~}: . h k' 11' f l' h 11 partICular bon, or t e revo Ing or cance Ing 0 any lcense, s a license be in the discretion of the council, and it shall not be bound to give any reason for such refusal, revocation or cancel lation, and its actions shall not be open to question or review in any court." 6. By striking out of paragraph 1 of

section 252 the Sectio~52 words "The council shall publish a notice in some news- amend paper in the city in at least one number of such paper once a week for three weeks which notice," and by substituting therefor the words "The council shall publish a notice in some newspaper in the city once a week for three con secutive weeks immediately preceding the day of general voting. At least one day, which may be a Sunday, shall intervene between the day of the last p:Jlblication and said voting day. Such notice." 7. By inserting therein' immediately after

section 308 the following section: "308a.

Notwithstanding anything in said charter, ~ower to or in any other statute contained, the council of the city is d:b~!'tllres to h b h · d f . . b' d b buy 10 Ollt-ere y aut onze rom tune to time to uy III any e en- standing tures, stock or other securities of the city from time to debpnturpR time outstanding and issue new debentures in place thereof or in substitution therefor and to raise by way of loan, by the issue and sale of debentures of the city such amounts as the council may estimate and deem advisable for the purpose of buying in any debentures, stock or other securi- ties of the city from time to time outstanding; provided that any new debentures in excess of the amounts which may be found necessary for such purchase shall be can- celled.

Such new debentures may be for such period

4 of time, at such rate of interest, payable in such mode of payments, at such place or places, and in such currency as the council may determine. Such powerR may he exercised by by-laws passed by the council without the consent of the burgesses, but subject only to approval thereof of the Board of Public Utility Commissioners of the Province of Alberta. !,

(2) All debentures stock or other securities bought Debent",res • ' • bought In m shall be cancelled, but nevertheless any speCIal annual to be d I . d d' d . f cancelled rates an assessments eVIe an Impose m respect 0 but special any local improvement debentures which may be so bought ~~~~~under in and cancelled, shall continue to be levied and collected to be levied under the by-law or by-laws imposing the same and the proceeds of such annual rates and assessments shall be applied towards payment of the principal and interest of the new debentures and any moneys held as a sinking f d · f d b t k th ., How such un m respect 0 any e entures, s oc or 0 er SeCUrItIes special rates SO bought in and cancelled shall be apportioned and held to be applied for and applied in payment of the principal of the new debentures when the same mature, or such sinking fund may be used in buying in any debentures, stock or other securities in respect of which same is held, thereby reducing the amount of the new debentures to be issued.

"

(3) The city may enter into any arrangement or agree- City '!lay h· h h' '1 d d' bl f h ontermto ment W lC t e 'counCI eems a VIsa e or t e purpose agreements f b ' , . t d' d b t k h for above o uymg many ou stan mg e entures, s oc or ot er purpose securities of the city and pending the issue of new debentures ~;~p':::~~ for such purposes as hereinbefore in this

section provided, ~~~di~!ni~:ue may borrow by way of temporary loan and may give any of debentures note, treasury bill, or other temporary security as security for such temporary loan, and may secure same in such manner as the council may deem advisable," 8 By adding to subsection 2 of

section 315 as printed Commissioners • " to be members in

section 21 of

chapter 28, 1916, the following: "The of B?nrd of , , h 11 b ,n: ' b f' d b d Smkmg Fund COmmISSlOnerS s a e ex OJ/OCtO mem ers 0 \ sal oar Trustees but without voting power." 9. By striking out of clause 4 of

section 320 the words, ~::':!~dne:20 "and not used for any other purposes for hire or profit," and by adding to said

section 320 the following: "9. In case any building used as a place of worship When p\aces . I f h f h ld' t' bl for pubhc IS et or t e purpose 0 0 mg any mee mg, assem y, worship or entertainment and a charge is made for the use of such ~~~[ng8. building for such meeting, assembly, or entertainment, the r!~'i~ib~nse person or persons to whom such charge is payable shall p.~Yl\ble to before the holding of such meeting, assembly, or entertain- ely ment, obtain from such qfficer of the city as the council shall from time to time designate a permit to hold the same and shall pay to the city therefor a fee equal to twenty- five per centum of the charge mfl,de for the use of such build-

5 ing in excess of five dollars. The said fee shall be recoverable in the same manner as a license fee payable to the city under the provisions of any by-law of the city." 10. By repealing sections 339, 340 and 341. 11. By striking out of

section 342 as amended the word ~':i,:~~t II council" in line four thereof, and by substituting therefor c~uf.c~ d the word 1/ commissioners"; and by striking out all the Ap~~"'leto words after the word <I time" in line six thereof. ~~~';::.~ionero 12. By striking out of

section 343 the words" or council" in lines two and seven thereof, and by striking out the last sentence thereof commencing with the word" Any." 13. By striking out of

section 346 the word I' council" wherever the same occurs therein, and by SUbstituting therefor the word <I commissioners." 14. By striking out of

section .347 the word "council" wherever the same occurs therein, and by substituting therefor the word "commissioners." 15. By adding to

section 353 the following: to a judge "

(2) In case any area within the city has been dealt ~~~nfi~ with by ~~e Board of Publ~c Ut~li"ty Commissioners under~~81'::"nd.te the prOVISIOns of The Pubhc UttZtty Act So that an order within ama h b d h b " 1 f dealt with as een rna e were y a specia rate 0 assessment or by Board of "" I" bl " I d h "h "I Public Utility taxatIOn IS app lca e to certam an R t erem, t e COUnCl Commissioners may fix the rate to be levied for general municipal taxes upon the lands within such area to which the order of the board does not apply at the same rate as that fixed by said board upon the lands to which its order applies, notwith- standing such rate is less than the rate fixed upon lands without the liinits of such area." 16.

By striking out the principal

section of

section 368 SACtion :168 as printed in

section 13 of

chapter .56, 1919, and by sub- amended stituting therefor the following: "368.

In the event of any of the said taxes remaining Extra per unpaid after the thirty-first day of May of the year for ~~I~t!n~O be which the same are imposed there shall be added thereto ~~~~rJ ~it~~' an additional percentage charge equal to five per centum ;jIst May of such taxes remaining unpaid and which are paid on or before the next thirty-first day of July; the said percentage charge shall be seven per centum on all such taxes paid after the thirty-first day of .July and on or before the next thirty-first day of October, and eight per centum on all such taxes paid after the said thirty-first day of October and on or before the thirty-first day of December next."

6 17. By inserting between the words "taxes" and "re maining" in line one of subsection 2 of said

section 368 the following: "together with said percentage charge of eight per centum." 18. By striking out

section 388 as printed in

section 23 of

chapter 24, 1915, and by substituting therefor the following: "388. The net proceeds of the school taxes collected byschooJ the assessor shall be paid over by him from time to time ~~x:i~ as the same are collected to the school trustees having the !~I~.:lt!~~d8 right thereto or their authorized officers." 19. By striking out of

section 28 of chaptel' 28, 1916, all Rentals.for the· words after the word "applicable" in line six thereof, ~~de~ .. :t~.:::'ts and by substituting therefor the following: "and the rental ~~ f:x~:rt charge therefor shall be returned to the assessor and be placed by him upon the tax roll under the heading of 'special taxes' and the same shall thereupon become taxes due in respect of the lands abutting the excavation. The ~;'i"~h~t: charge for each coal chute, however, shall not exceed two S2~~o exceed dollars a year and shall in like manner be part of the special . taxes against the land served thereby."

(2) All the aforesaid rentals now in arrear shall be placed ~~:a'i~~ow in the manner aforesaid on the tax roll for the year 1922 in "brreadrd d . to en. c and shall thereupon become part of the taxes due m respect to 1922 of the abutting lands. taxes 20. By repealing flection 18 of

chapter 74 of the Rtatutes of Alberta, 1921, and by substituting for paragraph (

e) therein mentioned the following: " (

e) There shall be no rebate, remission or setoff in No set-off h I · f b' . between woe or m

part 0 any usmess tax agamst any business taxes license fee or license fee against business tax." fened license 21. Notwithstanding the provisions of The Public Health~~¥~~~~to Act the local board of health for the City of Edmonton ~o:l~o/ r shall consist of the eouncil of the eity, and said council ci?Y 0 shall in addition to the powers and duties eonferred and imposed upon it by The Edmonton Charter have all the powers and perfonn all the duties of a local board of health under the provisiolls of The Public Health Act and amend- ments thereto. 22.

Notwithstanding any prOVISiOn or prOVISIOns Lan?" Bold contained in The Tax Recovery Act or The Supplementary ~~:~t;.)eat Revenue Act, the council may at any time and from time ~f:c~d ~~ to time direct the assessor of the City of Edmonton not to ~ii'!~~~nt assess or place upon the assessment roll of the city any expirati~n of . . redemptIon or all lands whICh have been sold to It for arrears of taxes period and in regard to which the redemption period has expired. And the assessment roll of the City of Edmonton for the

7 current year shall be valid and binding upon all persons notwithstanding that any such lands have not been assessed therein.

(2) No supplementary revenue tax shall be payable in No supple respect of the landr-; so removed from t.he assessment roll ~~~~'::":tI\X until they are again placed thereon and beeome taxable ~.::b!ff ~::&o for geperal municipal purposes. 23. In addition to the rights given by' the provisions of ~~r 1~:J8

section 29 of The Tax Recovery Act, the city shall in case of sold to itl any land sold to it at any tax sale have the right in case i; ~::t:irle there be any buildings upon such land which become vacant caees during the redemption period and remain vacant for three months, to enter into possession of such land and from time to time rent such buildings and expend such moneys as may be reasonably necessary to keep such buildings in tenantable repair, such expenses to be deducted from rent or added to taxes, but the net revenue shall in the event of said lands being redeemed be a credit to the owner on aceount of the moneys required to redeem. 24.

For the purposes of cleaning privies the council ~ounci\ mny '.

Impose may charge to all assessed owners of lands abuttmg upon ~ani~ary any street, lane or public place through or along which a ci;a~~~g sewer and water main are laid and upon which land any prIVieS building exists used in whole or in part as a dwelling and not connected with a sewer, a fixed sum of $10.00 per an num; and may charge to all assessed owners of lands which abut upon a street through or along which a sewer .and water main are not laid and upon which land any building exists used in whole or in part as a dwelling, n. fixed sum of $5.00 per annum; such charges shall be added to the tax roll each year as a speeial asseSHment against such lands and shall be recovered in like manner as other taxes which are a lien UpOli land. 25.

In addition to but not in substitution for the powers Special power . . h' h t th '1 b I' b to declare gIven In t IS C ar er, e counCl may y reso utlOn or y ce~tain things by-law declare any building, structure or erection of any nUIsances kind whatsoever, or any drain, ditch, watercourse, pond, surface water. or any other matter or thing in or upon any private land, street or road or in or about any building or, structure a nuisance and dangerous to the public safety or health, and by such by-law or resolution as may be directed therein order that the same shall be removed, pulled down, filled up or otherwise dealt with by the owner, agent, lessee or occupier thereof, as the council may deter- mine and within such time after service of the order as mav be therein named. v

(2) At or near the locality of the nuisance so declared ~~i~~ to he a placard shall be posted giving the order provided for given

8 herein, and, subject to the provisions of the next following subsection, the order shall be served personally upon the owner, agent, lessee or occupant of the premises.

(3) In cage personal Hervice of the order cannot be Rllh~titut.i""al readily effected, the mailing of a copy of the order in a r~~r,:~:r~.r registered post letter addressed to the registered and assessed etter owner or owners of the land upon which the nuiRance exists shall be good and sufficient notice.

(4) The removal or pulling down of any building, struct- Buildings . b d b f 11' h b 'ld' may be sold ure or erectIOn may e one y way 0 se mg t e Ul mg, structure or erection to be pulled down or removed. In Net proceed. which case the net proceeds shall be credited against taxes ~~!~s~r~~~~ due upon the lands upon which the same is situate or held by the city and applied upon future taxes. 26. Subsection 7 added to

section 221 by

section 6 of ~f~::~i~~n2~1

chapter 74, 1921, is hereby amended by striking out theamended words "subject to the approval of the Board of Public Utility Commissioners" where the same occur .therein. 27. Raid

section 22] is further amended by adding thereto the following: "

(8) The council may pass by-laws for declaring any Se~tinll: !,pllrt ho h f hO h b °d' I d resldent",1 19 way or

part 0 a 19 way to e a reSl entIa street an streets for prescribing the distance from the line of the street in .. front of and at the side of it at which no building on a ~~iid~; line residential street may be erected or placedo It shall not be necessary that the distance shall be the same on all parts of the· same street._ "

(9) The exercising of any of the powers given in the N~ocompen next two preceding subsections shall not be deemed to be ~~~:g~r an injurious affection or render the city liable to pay any compensation or damage." 28.

The city may pass by-laws adopting any scheme of ~j~tb~lefit compensation, benefit or insurance, including life insurance, "~helllefin for its employees, provided that the scales of compensation ~r~~ision. of I f bl h 1 d· Workmen's are not ess avoura e t an t 1e correspon mg scales Compens~tion contained in The Workmen's Compensation Act, 1918, the Act amendnH'nts thereto and the regulationH made thereunder and that where the scheme provides for contributions by the employees jt shall cOllfer benefib, at least equivalent to theHe contributions in addition to the benefits which the employees would have been entitled to under said Act, amendments and regulations without contribution.

(2) No such by-law shall come into effect until it. has ~pp1'()vnl of been approved of by the Attorney General of the Province G~~7;r~3Y of Alberta and a majorit.y of the employees of t.he city (to be ascertained by ballot) are in favour of such scheme.

(3) The Attorney General, when satisfied t.hat t.he scheme ~~~~ifi~!te is approved by the employees, shall issue a certificate of by him

9 approval which shall name a day upon which such by-law shall come into effect, upon which day the scheme shall be substituted for the provisions of said Act, and thereupon the city shall be liable only in accordance with the scheme.

(4) The Attorney General may give a certificate to expire Ccrtificar at the end of a limited period of not less than five years ii~rt~ ti';;.. and may from time to time renew with or without modi fications, such latter certificate to expire at the end of the period for which it is renewed.

(5) If complaint is made to the Attorney General by or l!nder what on behalf of the employees of the city that the benefits ~~~~Y,k~\:nces conferred by any scheme no longer conform to the conditions ~~~kbed stated in subsection 1 of this section, or that the provisions of such scheme arc being violated, or that the scheme is not being fairly administered, or that satisfactory reasons exist for revoking the certificate, the Attorney General shall examine into the complaint, and, if satisfied that good cause exists for such complaint, shall, unless the cause of complaint is removed, revoke the certificate.

(6) When a certificate is revoked or expires, any moneys Distrib'ution or securities held for the purposes of the scheme shall after ~~ ~e~ela~ion due provision has been made to discharge the liabilities already.accrued, be distributed as may be arranged between the city and its employees, or as may be determined by the Attorney General in the event of a difference of opinion.

(7) The scheme may contain provisions for group life Extent of insurance, for insurance against accidents not in the course scheme of employment and for insurance against illness and disease. 29.

Whereas the City of Edmonton has issued or authorized the issue of debentures providing for the payment of certain works or undertakings, the date of maturity of such debentures being many years less than the estimated lifetime of the said works or undertakings; And

whereas the issue of such debentures on a short term basis causes an unduly heavy annual charge upon the general tax rate of the city; And

whereas it is deemed advisable that the burden of taxation should be· distributed over the estimated lifetime of the various works undertaken in order that the' burden may be equitably distributed over the period during which the work is in existence and beneficially utilized; And

whereas it is expedient that the city be authorized to pass any by-laws and make any assessments and levies thereunder providing for the payment of the said works or undertakings during the lifetime thereof and providing for the payment of outstanding debentures issued in respect of such work or undertaking at the date of the maturity thereof;

Now, therefore, it is further enacted:

10 1.

Where the city has issued debentures or other securities w~ere or has passed a by-law authorizing the issue of debentures ~:v:n~::s h 't' d th '1' f .. h h Issued for or ot er securl les an e counci IS 0 opInIOn t at t e shorter period period for payment of such debentures or other securities ~,~a:o~f::.~timc is less than the lifetime of the work or undertaking and r~~"d:::;;:bc desires to pass a new by-law extending the payment for i"SUI~fdt,?a.ed h k d k· 1 l'f' fInn 1 " nne t e wor or un orta mg ovcr 1. 10 1 ot,llne (). 1. lC Hltme, nr I,h" wnrk th '1 t 'th t d' th A· .. or undertaking e counci may, no WI s an mg any 0 er ct or prOVISIOn, pass a by-law or by-laws fixing the period over which the indebtedness may be spread, such period to be based on the lifetime of the work or undertaking or other object of the proposed extending by-law as the same may be A f estimated by the council, and without the assent of the b~~:~!S~8 not b b I b 1 'd' f h reqUIred urgesses may pass a y- aw or y- aws prOVI mg or t e raising of a sum of money and the levying of a rate or rates sufficient therefor to meet the indebtedness at the maturity of the extended period as herein provided. . 2.

From and after the passage of such superseding by-law Necessary and the execution and issue of debentures as thereby author- b~tr:vt~d for . d h 't h 11 11th t' th b principal of IZe t e CI y S a evy year y e respec lve sums ere y superseding required to be raised sufficient with interest compounded by-laws yearly at the rate of five per centum per annum to meet the indebtedness at maturity, taking into consideration the amount of money at the-credit of the sinking fund under the superseded by-law for the purpose of forming a sinking fund for the payment of the principal of the said debentures, and shall cease to levy the respective S\lffiS required to be levied under the by-law or by-laws superseded for the purpose of the principal of the debentures issued under such by-law respectively. 3.

The city shall continue to levy yearly under the A~ to Iry yf superseded by-law or by-laws the respective amounts ~~~:;',;~d~( er required to pay the interest on the debentures issued under by- nWR such by-laws or on such of the debentures issued under such by-laws as may be outstanding. 4.' The superseding by-law shall make a provision for the AS.to levy . f d b ffi . t h of mterest ISSUe 0 e entures to an amount su Clent to mee t e under principal at maturity, bearing the same rate of interest as i)i-t;:'!.~ding that provided for in the superseded by-law or by-laws, but no levy shall be made for such interest during the period that levies are being made for interest under the superseded by-law or by-laws. 5.

Such superseding by-law shall also provide for the Superseding issue of a debenture or 'debentures to an amount sufficient to ~~~~detr.1f meet any difference which may arise in the sinking fund ~~i~~i~~ from year to year between the amount provided by the fund superseded by-law and the amount provided by the super- seding by-law, such debenture or debentures to be placed to the credit of the sinking fund until such time as it· may be sold or otherwise disposed of and the proceeds placed to the credit of the sinking fund.

11 6. Any shortage which may arise from the sale or other ~hortng? disposition of such debentureR shall be made up by annual t~Obe s:,:de 1 . b h' h up by annual eVlCR y t e eIt.y aH t. e HaHle occur. Inv;,'. 7. A separate by-law or by-laws may be passed by the Difference council to provide for such difference inRtead of making ;r~~i~~d for provision therefor in the superseding by-law. b~~::~nte 8.

When debentures have been issued under any super- Su~ersed;ng seding by-law the city may upon obtaining the consent ~a;bt:rcB of the ,party interested, issue new debentures in such sum =~c~~'::'~i.~for as it may deem expedient, and may, if n~reed, exchange t1cg~llture. such debentures for outstanding debentures under the same by-law, which outstanding debentures shall be forth- with cancelled. g.

The city may in case any debentures authorized by Non-issue~ b 1 h b · d h' b . d or re-acqUired any y- aw ave not een Issue ,or avmg een Issue debentures have become the property of the city, provide by by-law d~~rr~;cd, that such debentures if issued be destroyed, and if unissued d~b~:~u~:;eBh be not issued, and may authorize debentures to be issued iB·fe~fd't under the authority of the by-law providing for the ex- ex en e crm tended period of payment for any work or undertaking. 10.

The purchasers of any of the debentures which may Pur('hnSN8 1 . '1 d hi' f th' . 1 11 t b not hound )e Issuec un er t e aut lOrIty 0 IS HcctIOn s 1a no e to s~e t'? bound to see that the purchase money is applied for the ~~¥!i;::~()11 of purposes herein or in the by-law specified. money i 1.

No portion of any loan raised by the city under the provisions of a superseded by-law shall after the passing of the superseding by-law form part of the general debt of the city within the meaning of the sections limiting the borrowing powers of the city, and it shall not be necessary to recite the amount of the loan f3ecured by such super sedingby-Iaw. 12. Any by-law passed under the provisions of this ~ilea:b~ Heetion, unless otherwiHe provided, Hhall not be repealed paid until the debt created under thc by-law is fully paid and HatiHfied. 30. By adding to subsection 5 of

section 309 the following Sfectthion 309 ur er paragraphs: amended "(

d) In this subsection, unless the context otherwise Arrears of . requires, the expression 'arrears of taxes' or 'taxes in ~xes meanmg arrear' meanH arrearH of municipal taxeH and includeH taxes for which any parcel of land is Hold, notwithstanding that the land has been purchased at a tax sale by the city or that the city has acquired title thereto; "(

e) The council may by by-law, which need not be Further referred to the burgesses, capitalize such arrears of taxes, ~:;~~~~.t<. with penalties and costs and subsequent taxes, up to and ~~:::;: of including those levied in the year preceding the year in tnxes which the by-law is passed, which have accrued against the lands specified in the by-law or 'any of them, giving in the by-law a list of lands intended to be covered thereby and

12 the total amount of the taxes capitalized as aforesaid, and shall on obtaining the permission of the Board of Public Utility Commissioners for the purpose, issue and offer for sale such debentures to the amount authorized; and may issue debentures to be deposited with the sinking fund trustees to cover any arrears of sinking fund levied but not paid in respect to such arrears of taxes and sub sequent taxes; "(

f) On the disposal of debentures as authorized by the How proceed. Public Utility Commissioners, the council shall apply the to be applied proceeds in payment of any advances made on security of the taxes due as aforesaid in respect of such lands, and should there be any deficiency shall meet the same from the general revenues of the city; "(

g) The council shall forthwith, as often as it is in a Disposal position to apply for title to any of the lands mentioned in r:o~l~* the by-law, make application therefor and, on obtaining ~~i~~I~~ at title and leasing or selling the same, the proceeds therefrom shall be deposited in a special account, from the interest earnings of which shall be paid such sums as are from time to time required to meet interest on the debentures and from the principal such sums as are required to meet portions of the principal of the debentures as they may accrue due. Should there be any deficiency the same Rhall be met from the general revenues of the city. " (

h) The funds in such special account Rhall be invested ~U~d8 to d in securities in which the sinking fund of the city may be h~ .;e'::i=ite invested, and from the principal of the fund such sums n"cmInt shall be paid from time to time as are required to provide a sinking fund; " (

i) If the council applies the proceeds of debentures I~ case?f . sold under the provisions of this subsection or the proceeds :~~~lil~~a~~n of the sale or lease of lands specified in the by-law, other- ~:.~~~:N,1e wise than as herein directed, the members who vote for such application shall be personally liable for the amount diverted, and the same may be recovered by the city by action against them in any court of competent jurisdiction; "(

j) If the council, upon the request in writing of a Right of ratepayer, or of any person who is a creditor of the city for ~~!~ft~P~oo~ue advanceH made on the security of the taxes capitalized or any portion thereof, or of a holder of any of the debentures the sinking fund for payment of which has been diverted, refuses or neglects for one month to bring an action therefor, the action may be brought either by any ratepayer on behalf of himself and other ratepayers or by any Ruch creditor or debenture holder; "(

k) The members of the council who vote for such Disqualification application as is mentioned in subsection (

i) shall be dis- qualified from holding any municipal office for two years." 31.

Whereas pursuant to a certain agreement made the Wadhurst first day of May, 1911, between the City of Edmonton and~df!s~~~~

13 the owners of certain lands in Wadhurst Park and Groat Estate, the city extended its sewage system so as to serve said lands and other lands in said subdivisions; And

whereas part of the said scheme was the purchase of land for and the erection and maintenance of a pumping station for the disposal of the sewage of the area to be sewered; And

whereas the sewer extensions were undertaken as a local improvement under the provisions of The Edmonton Charter; And

whereas as the erection and maintenance of said pumping station could not be so undertaken, the agreement provided that the persons executing the said agreement would pay for the same as if undertaken as a local improve ment' and charged their respective lands with the cost of' said station and the maintenance and operation thereof; And

whereas many of the lands so charged have been sold and transferred and the present owners were in many cases unaware of said agreement and other lands other than those charged have been connected with said system and some of the lands charged are otherwise connected with the general sewage system of the city; And

whereas the city has since the year 1913 made charges against such lands for the construction of the sewage system, cost of pumping station, and the main tenance and operation thereof in accordance with the said agreement, some of which have been paid, others paid under protest and in other cases payment has been refused; And

whereas various negotiations have taken place between the officials of the city and many of the persons interested and the following basis of settlement has been agreed upon by a number of the owners affected: The city in future to levy the usual and general sewer assessment of six cents per frontage foot per year for forty years, and in addition $6.00 per connection per year for maintenance and operation; that fifty per cent. of the amounts already paid be rebated and fifty per cent. of the amounts out standing be collected. Therefore it is enacted: 1.

The city shall from the first day of January, 1922, assume and pay for all cost of maintenance and operation of said pumping station and shall also assume the payment of all loans made for the purpose of erecting and equipping the said station including the purchase of the necessary land. 2.

The council shall have power to finally ascertain and determine what lands are to be included within or affected by the said adjustment and may by by-law provide for the assessment and levy (as special taxes, for forty years from the year 1913), commencing in the year 1922, of six cents per foot front upon all lands ascertained and determined to be served by said sewer, and for a further assessment

14 and levy as special taxes of six dollars a year for each connection with said sewer against the land served by the connection. 3. The council shall repay to the persons who have paid the amounts heretofore assessed one-half of the amount paid, unless the council shall determine that in any particu lar case the land heretofore assessed has not been served by said sewer,· in which case· the whole amount shall be repaid. 4.

One-half of the amounts unpaid shall be rebated and the remaining half shall be and form part of the special taxes for the year 1922 against the lands in respect of which they are owing, unless the council shall determine that in any particular case the land heretofore assessed has not been served by said sewer, in which case the whole amount shall be rebated.

No.7. FIRST SESSION FIFTH LEGISLATURE 12 GEORGE V 1922 BILL

An Act to amend the Acts con stituting The Edmonton Charter, and to Validate a By-law of the City of Edmonton adjusting the Special Assessments respecting the Wadhurst Park-Sewer. Received and read the First time ...... . Second time.. . ............. . Third Time ................ . MR. J. C. BOWEN. EDMONTON: J. W. JEFJ'ERY, KING'S PRINTER A.D. 1922 Title: 1922 (5th, 1st) Bill 7,

An Act to amend the Acts constituting The Edmonton Charter, and to validate a By-law of the City of Edmonton adjusting the Special Assessments respecting the Wadhurst Park Sewer

Document details

Collection	Alberta — Bills
Citation	L5 S1 9541
Type	bill
Volume / chapter	L5 S1 9541
Language	en
Format	json
Source	PROVINCIAL
Identifier	cb8091f97d0946aa703e77ffaa361a2fd7e1145a

Source file is stored in the law ingest library (json).