Bill 82 (Legislature 11, Session 4)

L11 S4 6993

Alberta — Bills

BILL N'O. 82 'Of 1951.

An Act to amend the Acts Constituting The EdmQntQn Charter and to Validate Certain By..;laws. (Assented to ,1951.)

WHEREAS a petiti'On has been presented by the CQuncil .of the City .of Edmonton f'Or an amendment toO the Acts cQnstituting The Edmonton Charter; and

Whereas it is reas'Onable that the prayer .of the said petition shaH be granted; NQW therefQre His Majesty, by and with the advice and c'Onsent .of the Legislative Assembly 'Of the ProOvince .of Alberta, enacts as :DollQws: 1. The Edmonton Charter, being

chapter 23 .of the Statutes .of Alberta, 1913 (First SessiQn), as amended frQm time to time, is hereby further amended. 2. Secti'On 221 is amended by adding theretQ the fQllDW ing subsecti'Ons: "

(36) The ClOuncil may,- ~g:U~~:~and " (

a) acquire any land within the limits .of the City f'Or for o.ff-street th f 'd' th . f 'l't' f ff parkmg e purpose .0 prDvl lng ereQn aCl lIes 'Or .0 - street parking .of vehicles; " (

b) erect buildingls .or structures UPQn any land S'O acquired 'Or UPQn any part there.of fDr said purpQse; "(

c) make, impose and cQllect such charges for the use 'Of parking facilities provided upon the said lands 'Or any part thereof at such rate 'Or rates and pay ahle at such times and in such manner as the CDuncil may frQm time t'O time deem expedient; "(

d) pass by-laws 'Or regulatiQns,- " (

i) prescribing the class lOr classes of vehicles which may use the facilities prQvided and the time and manner in which said facilities may be used; "(ii) providing for the impQunding 'and remQval fr'Om the s·aid land Dr any part thereQf .of any vehicle in respect of which charges have nQt been paid .or .of any vehicles parked in violatiDn of any of the prQvisiQns 'Of any such by-law Dr regulati'On; and "(iii) providing for the impositiQn of penalties fQr noOn-compliance with any of the prQvisions .of the said by-laws .or regulatiQns as provided in .sectiQnS22.

Unauthorized parking of vehicles on land or private property Debenture debt calcu lated in Canadian currency Substitution of phrase ology 2 "

(37) The CDuncil may pass by-Iaws,- " (

a) impDsing penalties and costs not exceeding the :limits specified in sectiDn 522 against any persDn who. par~ or leaves any vehicle on private la:nd or property without authority frDm the owner, tenant, occupant or person in charge Dr control Df such private property to do. so; " (

b) providing for the impounding and removal ft:om any such private land Dr prDperty any vehIcle parked or left thereon withDut such authDrity.".

Section 291 is amended by renumbering the sectio.n as subsection (1) and by adding at the end thereof the fDllow- ing, namely: "

(2) For the purpDse of calcu.lating the debentu~e debt of the City at any time outstandIng, debentures whIch are repayable in dollars in lawful money Df the United States of America shall be computed as if. repayable in the same num ber of dollars Df lawful money of Canada.".

Section 297 is amended by inserting between the words "payment" and "from" where they occur in the seventh line thereof, the words "of all or any part or parts of such debentures or series Df debentures".

Section 299a is amended by adding immediately after subsection (6) the fDllowing new subsectiDns: to aut~ori~e "

(7) Where two or more by-laws have been passed to' consohdatlOn • • of Deben- authorIze the Issue and sale of debentures payable at the ~~~~~~: end of the same number Df years and bearing the same rate Fund Plan of interest, instead of issuing, debentures under the separate Substitution of phrase ology by-laws, the CDuncil by by-law, withDut the assent Df the burgesses, may provide fDr the issue Df consDlidated de bentures fDr the aggregate of the amounts authDrized by the separate by-laws and the provisions of subsectiDns (2), (4) and (5) shall be applicable. "

(8) The amount of consolidated debentures shall be allocated to the respe,ctive purposes set forth in the separate by-laws in the respective amounts which would have been issued for such purposes if the debentures had been issued under the separate by-laws at the time of issue Df the CDn sDlidated debentures.".

Section 305 is amended,- (

a) by deleting the words "authDrize a change in the mode of issue of the debentures" where the same occur therein and by suibstituting therefDr the words "at any time and from time to' time authDrize a change in the mDde of, payment Df all Dr any part Dr parts of the unissued debentures authDrized by such first mentiDned by-law"; (

b) by deleting the wDrds "Dr provide that the deben tures may be issued in a different currency" where

3 the same occur therein and by substituting therefor the words "or provide that all or any part or parts of such debentures may be issued in a different cur rency". 7. The following new

section is added immediately after

section 305 : "305A. Where debentures have been authorized by by- :~~~~~~~y_ law of The City of Edmonton and it is deemed expedient to ments in U.S. amend such by-law to provide for a change in the currency ~~fl~ern~~lue of payment of the debentures or any of them from lawful dee~e1 t money of Canada to lawful money of the United States of ~2~:~a~~an America, or vice versa, then for the purpose of determining currency the principal amount of debentures to be issued under such first mentioned by-law as amended it shall be conclusively deemed that one dollar of lawful money of the United States of America is equivalent to one dollar of lawful money of Canada.".

Section 404 is amended by adding immediately after clause (0) the following new clause (p) : "(

p) the acquiring or use of land for providing off-street Local im- t parking facilities for vehicles and for the establish- ~~~_~~~~~ s ment and operation by the City of parking facilities parking lots thereon." .

Section 406 is amended,- Renumber-(

a) by renumbering the

section as subsection (1) ; ing (

b) by deleting from clause (

e) of subsection (1) as Deletion enacted by the Statutes of Alberta, 1936, -chapter 106,

section 17, subsection (2), the proviso thereto, being all of the words after the words "said para graphs (

a) and (d)"; (

c) by adding immediately after subsection (1) the following new subsections: "

(2) Debentures issued under a by-law for rais- Debenture . h t' f th t f I I' t interest rate Ing SuC por IOn 0 e cos 0 a oca ImprOVemen may differ as is to be levied by special assessment may bear from interest interest at a rate or rates differing from the rate r~~eaY~~~t_ or rates wh~ch may have ~een used in settling the ~~:s~~~~\ amount or rate of any speCIal assessment or annual rate rate. "

(3) It shall not be necessary to change any specfal assessment or rate to conform to the Tate or rates of interest on the debentures as specified in the by-law or in any amending by-law. "( 4) Any such by-law may provide that in case Local im of debentures to be iss.ued on the instalment plan ~~~~a~~~~~~l the instalments of prinCIpal shall be of such amounts ~ures annual that with the interest in respect of the debt the ~~:~:?~~!~ aggregate amount payable for principal and interest time of in each year of the currency of the debentures shall :~:~; ~~~:l be as nearly as practicable the same; provided that as possible

Where spe cial assess ment insuf ficient to cover cost, amount of such insuf ficiency not chargeable against abutting property; where spe cial assess ment in excess of cost, such excess be comes part of general funds of City Commission ers given power ,to advertise proposed local im provement works Unit rate system Technical defects in local im provement procedure not to invalidate local im provement debenture issue if such issue ap proved by Board of Public Utility Com missioners 4 each instalment of principal may be for an even one hundred dollars, five hundred dollars or one thousand dollars or multiple thereof and the annual instalments of principal and interest may differ in amount sufficiently to admit thereof.

"

(5) If in any year the amount collected from the special assessments imposed in respect of any local improvement work or works is less t~an the amount of principal and interest payable In that year in respect of the debentures issued to rai~e such portion of the cost of such work or works as IS to be levied by special assessment the difference shall be payable out of the general funds of the City. "

(6) If in any year the amount collected from such special assessments is more than the amount of the principal and interest payable in that year in respect of such debentures the excess shall be payable into the general funds of the City. "

(7) Nothing contained in this

section shall re lieve the land specially assessed from the special assessment made thereon.".

Section 407 is amended by adding immediately after subsection (2), clause (

a) the following new clause: " (aa) Notwithstanding clause (

a) the Commissioners of the City of Edmonton may authorize the advertising of any local improvement without previous refer ence to Council for permission to advertise, but the Commissioners shall refer any local improvement so advertised to Council for authorization of con struction thereof.".

Section 409, as amended by the Statutes of Alberta, 1941,

chapter 119,

section 3, is amended by adding the fol lowing words at the end thereof: "in which case there shall be no additional assessments or refunds".

Section 412 is amended,- (

a) by renumbering the

section as subsection (1) ; (

b) by adding immediately after subsection (1) the following new subsection: "

(2) Every by-law passed by the Council to pro vide for the issue of debentures to raise such portion of the cost of a local im·provement as is to be levied by special assessment and every debenture issued under such by-law shall, if permission to raise the loan is granted by the Board of PubHc Utility Com missioners, be valid and binding upon the City and the ratepayers thereof notwithstanding any defect or omission in the proceedings for undertaking the work or making the special assessment and neither the by-law nor any debenture issued thereunder shall be contested or questioned in any manner.".

5 13. Section· 528 is amended by adding thereto the follow ing new subsection: "

(3) Notwithstanding anything to the contrary contained in or required by any provision of 'The Edmonton Strath cona Amalgamation Act', being

chapter 66 of the Statutes of Alberta, 1911-1912, the council is authorized to transfer to the Edmonton Public School District No.7 of the Province of Alberta for use as part of a school site a portion of the park des,cribed in

section 20 of the said Amalgamation Act, namely: "Commencing at the south-west corner of the said park thence easterly along the south boundary of said park to the north-west corner of block 42 as shown on a plan of record in the Land Titles Office for the North Alberta Land Regis tration District as Plan XI, thence north and parallel to the west boundary of said park a distance of 353 feet, thence westerly and parallel to the south boundary of said park to a'point on the west boundary thereof, thence south along said west boundary to the point of commencement.". 14. The following new

section is added immediately after

section 533 : "534.

(1) Nothwithstanding The Public Health Act or S?wage any other Act, regulation or law to the contrary, the City disposal is hereby granted a period of time terminating on the thirty-first day of March, 1956, within whieh to complete its sewage disposal system and provide facilities for treat- ment of its sewage and drainage water so as to comply with the provisions of The Public Health Act and the regulations passed thereunder from time to time. "

(2) During the said period of five years the City may dispose of all its sewage and drainage water in such manner as the provincial Board of Health may direct, having in mind the inability of the City to comply with the provisions of The Public Health Act and regulations passed thereunder. "

(3) During the said period of five years all Acts, regu lations, orders, judgments or decrees of any board, authority or court of the Province regarding purification of sewage or drainage water are hereby suspended so far as the City of Edmonton is ,concerned. "

(4) During the said period of five years, no cause of action shall accrue to and no action or proceeding shall be brought or taken by any person in any court in the Province by reason of or arising out of any act or thing done or omitted to be done by the City in relation to the treatment or disposal of sewage ,or drainage water. "

(5) In any -case where because of the inability of the City to ,comply with the p~ovisions of The Public H eal~h. Act and regulations lawfully Issued thereunder any munICIpal ity being a riparian owner downstream from the City will be caused extra expenditure, either by reason of having to provide spe'Cial facilities for treatment of the waters of the North Saskatchewan River or by reason of having to obtain potable water from wells or other sources, the City is hereby

Validation of deben ture by-laws payable in U.S. cur rency 6 authorized to pay an amount by way of adjustment to cover such extra expenditures as may he agreed upon by the City and the municipality concerned. "

(6) In case of dispute as to the amount of such adjust ment, the dispute shall be referred to the provincial Board of Health whose decision will be final and binding upon both parties.". ' 15.

(1) The following by-laws of The City of Edmonton, namely: (

a) By-law Number 1380 entitled "A By-law to create a debt in the sum of $5,450,000.00 payable in lawful money of the United States of America for the purposes hereinafter set forth."; (

b) By-law Number 1381 entitled "A By-law to create a debt in the sum of $2,950,000.00 payable in lawful money of the United States of Ameri'ca for the purposes of improving, rehabilitating and providing additional equipment for the telephone and electric light systems of the City."; (

c) By-law Number 1382 entitled "A By-law to create a debt in the sum of $800,000.00 payable in lawful money of the United States of America for the purposes hereinafter set forth."; are and each of them is hereby declared to be legally valid and binding upon The City of Edmonton and the ratepayers and burgesses thereof affected thereby and shall not be open to question in any court on any ground whatsoever.

(2) All debentures and coupons thereto attached issued or to be issued under all or any of the by-laws mentioned in subsection (1) are hereby declared to be issued on the credit and seGurity of The City of Edmonton at large and to be valid and binding direct and general obligations of The City of Edmonton and be binding upon the City and ratepayers and burgesses thereof, and shall not be open to question in any court on any ground whatsoever.

(3) Notwithstanding the provisions of subsection (1) or subse'ction (2) all or any of the by-laws mentioned in sub section (1) may be amended by the council of The City of Edmonton without the assent of the burgesses in any manner permitted by

section 297 and

section 305 of The Edmonton Charter or in any other manner deemed by the council to be desirable to facilitate the iSiue and sale of debentures authorized by the said by-laws or any of them.

(4) In the event of the exercise of the powers contained in subsection (3) all debentures and coupons thereto at ta'ched issued or to be issued under any by-law mentioned in subsection (1) as amended by a by-law or by-laws passed pursuant to the powers contained in subsection (3) are hereby declared to be issued on the credit and security of The City of Edmonton at large and to be valid and binding direct and general obligations of The City of Edmonton

7 and be binding upon the City and ratepayers and burgesses thereof and shall not be open to question in any court on any ground whatsoever.

(5) The council of The City of Edmonton may from time to time pass by-laws without the assent of the bur gesses to authorize the issue and sale or other disposition of debentures to an aggregate principal amount not exceed ing one million, seven hundred and thirty-five thousand dollars for the following purposes and in the following respective principal amounts: (

a) for the purpose of a new maternity wing at the Royal Alexandra Hospital in the principal amount of five hundred and thirty-five thousand dollars; (

b) for the purpose of addition and renovation to the Royal Alexandra Hospital main building in the principal amount of one million two hundred thou sand dollars; such amounts being additional to the amounts authorized to be borrowed for such purposes included in By-law Number 1380 of the said City referred to in subse~tion (1).

(6) Any such debentures referred to in subsection (5) , (

a) may be payable in such manner, at such time or times not later than thirty years from the respective date or dates thereof; (

b) be in such denominations; (

c) bear interest at such rate or rates; (

d) be payable as to principal and interest at such place or places; all as the ,council may deem expedient, and if the council so determines all or any part or parts of the debentures under any such by-law may be issued subject to redemption prior to maturity in accordance with

section 301 of The Edmonton Charter.

(7) Debentures issued under the authority of subsec tions (5) and (6) may be made payable either in lawful money of Canada or in lawful money of the United States of Amedca and for the purpose of determining the prin cipal amount of any debentures issued or to be issued pursuant to such authority it shall be conclusively deemed that one dollar of lawful money of the United States of America is the equivalent of the dollar in lawful money of Canada.

(8) No debentures shall be issued under the authority contained in By-laws Numbers 1325, 1328, 1329, 1330, 1331, 1333 and 1334 of The City of Edmonton all passed on the eleventh day of December, 1950. 16.

(1) Notwithstanding anything contained in The Edm~mton School Act or in The School Borrowing Assistance Act or :c~~l~~Board, any other Act and notwithstanding anything contained in ut .s. dbeben- f h d T f Th ure orrow- By;..laws numbers 55 and 560 T e Boar of rustees 0 e ing

8 Edmonton School District Number 7 of the Province of Alberta passed on the seventh day of March, 1950, and the twenty-fourth day of October, 1950, respectively, The Board of Trustees of The Edmonton School District Number 7 of the Province of Alberta, upon obtaining the authority of the Board of Public Utility Commissioners of the Province of Alberta, may by by-law or by-laws: (

a) amend By-law Numbe:.: 55 to ~rovide th~t part or all, subject to the provIso t.o thIS subsectIOn! of t~e one million, six thousand, SIX hundred and SIxtY-SIX dollars and sixty-seven cents in principal amount of unissued debentures payable in twenty annual instalments of principal authorized by said By-law Number 55 may be payable as to both principal and interest in lawful money of the United States of America at such place or places in the United States of America as the said Board of Trustees may by resolution determine and that the principal thereof may be made payable at the expiration of twenty years from the date thereof instead of being pay able in twenty annual instalments of principal; (

b) amend By-law Number 55 to provide that part or all, subject to the proviso to this subsection, of the two million, five hundred thousand dollars in prin cipal amount of unissued debentures payable in thirty annual instalments of principal authorized by said By-law ~umber 55 may be payable as to both principal and interest in lawful money of the the United States of America at such place or places in the United States of America as the Board of Trustees may by resolution determine and that the principal thereof may be made payable at the ex piration of thirty years from the date thereof instead of being payable in thirty annual instal ments of principal; and (

c) amend By-law Number 56 to provide that part or all, subject to the proviso to this subsection, of the one million, eight hundred thousand dollars in prin cipal amount of unissued debentures payable in twenty annual instalments of principal authorized by said By-law Number 56 may be payable as to both principal and interest in lawful money of the United States of America at such pla,ce or places in the United States of America as the Board of Trustees may by resolution determine and that the principal thereof may be made payable at the expiration of twenty years from the date thereof instead of being payable in twenty annual instal ments of principal: Provided that no such amendment may be made in respect of the portion of the borrowing obtained or to be obtained by the Board of Trustees from the School Borrowing Revolving Fund under

Part I of The School Borrowing Assistance Act.

(2) Any such amending by-law may provide that the Board'shall have the right at its option to redeem the whole, or at any time or from time to time any part or parts, of the debentures to be issued in accordance with the pro visions of any such amending by-laws on any date or dates in advance of maturity, at such price or prices, which may include a premium or premiums on redemption, and upon and subject to such terms and conditions as the Board of Trustees may by resolution determine.

(3) The Board of Trustees need not publish any notice under The School Act with respect to any such amending by-law and no poll of the proprietary electors of the School District shall be required in connection therewith and the Board of Public Utility Commissioners may make such order or orders as it may deem necessary or desirable regarding the issue of debentures in ac'cordance with the provisions of any such amending by-law.

(4) For the purpose of determining the principal amount of debentures issued or to be issued payable in lawful money of the United States of America by virtue of any such amending by-law it shall be conclusively deemed that one dollar of lawful money of the United States of America is the equivalent of one dollar of lawful money of Canada.

(5) Any such amending by-law shall provide that there shall be raised annually during the currency of the deben tures issued in a'ccordance with such amending by-law an amount sufficient to pay the interest thereon, as and when the same falls due, and an amount or amounts by way of sinking fund sufficient with accumulated interest thereon to retire the debentures so payable in lawful money of the United States of America in full at maturity.

(6) The provisions of

Part I of The School Borrowing Assistance Act shall be applicable to enable the Board of Trustees to make application to the School Borrowing Board for assistance thereunder and if approved by such Board to obtain a portion of the borrowings authorized by said By-laws Numbers 55 and 56 from the School Borrowing Revolving Fund, subject to repayment of part thereof in accorda,nce with the provisions of said

Part I, notwith standing that all or some part of the said borrowings to be obtained from sources other than the Fund may be repayable at the end of fixed periods of years instead of on a serialized plan of repayment.

(7) The provisions of

Part II of The School Borrowing Assistance Act, including the authorization for the .guaran tee on behalf of the Province of the payment of Interest, shall be applicable in respect of debentures authorized by By-laws Numbers 55 and 56, as amended by amending by-laws passed pursuant to the authority contained in sub section (1), except that it shall not be necessary that the part of the borrowing to be obtained from sources other than the Fund shall be secured by serialized debentures.

10 17. This Act shall come into for.ce on the day upon which it is assented to and upon so coming into force sections 9, 11 and 12 shall be deemed to have been in force and effect at all times on and after the first day of Janu.ary, 1949.

No. 82 FOURTH SESSION ELEVENTH LEGISLATURE 15 GEORGE VI 1951 BILL

An Act to Amend the Acts Constitut ing The Edmonton Charter and to Validate Certain By-laws. Received and read the First time .... Second time Third time ..... MR. ADAMS. Title: 1951 (11th, 4th) Bill 82,

An Act to amend the Acts Constituting The Edmonton Charter and to Validate Certain By-laws

Document details

Collection	Alberta — Bills
Citation	L11 S4 6993
Type	bill
Volume / chapter	L11 S4 6993
Language	en
Format	json
Source	PROVINCIAL
Identifier	d37913dbce3477606d1679428388a9d31242bd78

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