Bill 14 (Legislature 3, Session 3)

L3 S3 10228

Alberta — Bills

BILL No. 14 of 1915.

An Act to amend the Medicine Hat ( ~harter. (Assented to 1915.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Medicine Hat Charter, being

chapter G:3 of the Statutes of Alberta, 1906, as amended by

chapter 27 of the Statutes of Alberta, 19],0 (Second Session);

chapter 58 of the Statutes of Alberta, HH1 and 1912;

chapter 2R of the Statutes of Alberta, 1913;

chapter 35 of the Statutes of Alberta, 1913 (Second ~cssion); and

chapter 38 of the Statutes of Alberta, 1014, is hereby further amended as follows:

(1) Title IV, by repealing sections 1 to 9 inelusive and substituting therefor the following: '' l. The persons qualified to vote at elections :-hall be all persons both male and femaJe of the full age of twenty one year,;, b~:ing subjects of His Majesty by bi1th or naturali:mtion, whose names :tppcar on the last revised yoters' li:-;t. · "2. The C.otllJ('il may by by-law declare that no person shall 11<' entitled to Yote who haR not on or before a day tP lw n:uned therein paid all taxes due by him to the city, <'iLher for tl1c current year, or all arrears of taxes, or both. '' 3.

Vi!herc such by-law haR been adopted, on or before the day of nomination of candidates the assessor shall pn·pare and verify on onth a correct alphabetical list of the rwmcs of all personA who have not complied with the L<•rms of auy sueh by-law, such list to be called 'the defaulters' list.' '' 4-.

Any person nnmed in sueh defaulters' list may vot<~ at an eledion if at the time of tendering his \'Ote he prn duceH and lea-ves with tl1e officer presiding at sueh election a certificate from the eity tremmrcr showing tha.t the taxes in rcsppf't, of whi('h default haH been made have been paid, ami f.'Uel1 oHi<·er shall file• Huch ccrt.ifieate, reeeiYe the ,-ote, :llld note i he l'mrw on the defaulter~;' list.. ''5. The assessor shnll on or before the first day of AuguRt in each nnd every year prepare a Yoters' list i11 alphabetical form. He shall plaee thrreon- " (

o) The nameR of all pmsouR, both Jna.le and female, of the full age of twenty-one years who are assessed ~n tlwir own right on the last revised assessment roll for real pi·op<•rty of the value of $200 or UIJWards. \VJw.rc tlw real property is owned by two m· more persons aml is asseRsiC'd in their names, caeh Rhall be entitled to a vote if the total assessed value of the property is Rufficient when divided to give each person a rating of $200 or upwards; if otherwise none of such persons shall be entitled to Yotc. '' (

b) The names of all banks, incorporated companies nnd corporat.im1H n.sscsscd 011 the ln.st revised

2 assessment roll, and the vote of such bank, com pany or corporation may be given by the chief o,fficer thereof present in the city at the time of voting. And whenever it is necessary to administer to such officer any oath under the provisions of this part of this Act, the form set out in

section 20 of title XXIII hereof, (substituting throughout the words 'at this el,ection' instead of 'on the by-law' shall be used. "(

c) The n~me of each person who for and during one month prior to the first day of December in the previous yej1r has been a resident of the city and a tenant of real property of the assessed value of at least $200, and when more tenants than one oceupy separate portions of the same buildin~~ or of different buildings on the same proper~y, each shall be entitled to vote if the total assessed value of the property so occupied is sufficient when divided to give each occupant. a rating of $200, if otherwise, none of suc~1 occu pants shall be entitled to vote; "And the as:;;essor shall distinguish on the said list the names of all burgesses and shall cause such voters' list to be p:ripted.

The list shall contain opposite the name of each e~ector a short description of the property in respect of which he is entitled to vote. A copy thereof shall be posted up in the office of the assessor on or before the first day of August and notice of such posting shall be published once in each week for two suc('essive weeks in a newspaper published in the city. "6.

Anv tenant who has been a resident in the city one month prior to the first d.ay of December in the previous year and any other person who has been resident in the city in the then eurrent. year prior to the first day of July and continuously since and who is otherwise duly qualified, hut whose name does not appear on the voters' list, or whose name has by reason of any error, omission or inadver tence been omitted from the assessment roll, may either by himself or his agent apply to have the voters' list amended by giving to the assessor a notice that he intends to apply to the council to have his n~me added to the Yoters' liRt and :-;tat.in!!: hit-~ qualifications; ami a.ny Jl('l'HOll \\'hose name appears on the voter:-;' liHt, a.s prepared by the a:;;sesEor, and who challenges or takf's objection to the name of any other person appeat·ing on such list on the ground that such other person has disposed of the property for which he was qualified as a voi.f'J', or is 11ot duly qualified to be a voter in terms of this Aet, may a.pply by si,milar notice to the a::>scssor to haYe the voters' list amended by striking out. the name of sueh other person, stating in such notice the grounds of his challenge or opjection to the qualificati{)ns of such other person.

Such notice may be in the following form or to the like cff ect: '"To the Assessor of the Citv of Medicine Hat.: "'Take notice that I 'ntend to apply to the council to have my name added to the voters' list (or as the case

3 may be) for the following reasons (here slate the grounds according to the facts). · "' '"'or (8ignature of A ppl£cant) Applieant. ( N apze of Applicant) Applicant by his Agent. "' 01' . .........•.......•.•......... (Signature o.f A gent).' "7. Notices may be given to the assessor under the preceding f'ection by sending the same to him by registered post, or serving the same upon him in the way service is usually effected and such noti,ces may be so given on or before the first day of Oetober in any year. "8.

On or before the fifth day of October in each and every year the assessor shall make a list of all applicants for amendments of or to the voters' list, stating the names and grounds of each of such applications; and shall post the same in a conspicuous place in his office and he shall immediately thereafter by advertisement in one or more newspapers published in the city, f,!;ive public notice of the time and place fixed by the council for hearing such appli cations. "9.

On or before the fifteenth day of Octob('r in each and every year the council shall meet as a final court of revision on the voters' list and shall then hear and determine aU applications of 'which notice has been given to the assessor as hereinbefore provided; and the assessor shall thereupon revise and correct the voters' list in accordance with the decisions of the council and the list when so revised and corrected shall be the voters' list of the city and shall remain in force until a new voters' list has been finally revised; and forthwith thereafter the asscs~or shall ~n case the city is divided into wards, prepare a list of the electors entitled to vote in each ward desig nating thereon those not entitled to vote for mayor in each ward.

"10. As to the attendance of witnesses and the imposition and recovery of penalties and as to procedure the council when sitting as a final court of revision on the voter;;' list as aforesaid shall have the powers and privileges conferred by this Act upon the council in relation to tlie assessment roll."

(2) Title XII, by repealing

section 3 thereof and sub stituting the following: "3. Unless it shall be otherwise provided by special by-law appointing him, every officer, official, servant or employee of the corporation shall hold his office or employ ment at the pleasure of the council or at the pleasure of such department head as the council may by general or special by-la'w provide, and every such person shall in addition to the duties assigned to him by this Act or the general law of the province, perform such other duties as may be required of him hy by-law of the city.''

(3) Title XXI,

section 3, subsection (

a) by striking out the word "and" where it appears after the :word "baths" and by inserting after the word "stables" the words "and farms".

(4) Title XXIII,

section 2, by repealing <mbsections (2), (3) and ( 4) thereof and substituting therefor the following:

4 "

(2) The council shall by the by-law fix the day and hour for taking the votes of the burgesses and the places in the city where poll~ shall pe opened and where the votes are to be taken at more than one place shall name a deputy returning officer to take the votes at every such place. The day so fixed for taking the votes shall not be less tpan three nor more than five weeks after the fin;t publication of the information as herein provided. "

(3) The council .shall ~ublish a notice in some news paper i,n the city in at least one number of such paper once a week for three weeks which notice shall contain the following information i~1 some brief and general terms: "(

a) The object. of the debt or debts intended to he created by the by-law or by-laws and the amount thereof; "(

b) The period oYer which the indebtedness is to be spread; "(

c) The rate of interest and whether the same is to be paid annually or semi-annually; "(

d) Whether the indebtedness is repayable in equal annual payments or on the sinking fund plan; "(

e) The day and hours between which the voting shaH take place; "(

f) The amount of the whole rateable property in the city according to the last revised ::Lssessment roll; "(

g) The existing debenture debt of the city; "(

h) In case of the granting of a franchise or the ratifying of any agreement is proposed, a copy of the pro posed franchise or agreement shall also be published. " ( 4) The notice may be in the following form or to the like effect, and any number of matters may be included in one notice: "' PUBI~IC NOTICE. "'Notice is hereby given that the municipal council of the City of Medicine Hat hereby refers the following questions to the burgesses for their approval: "'(a:) Creating a debenture debt in the sum of $. . . . . .... for the street ·railway eon struction; twenty year debentures; interest 5%, semi-annually; sinking fund plan. "'(

b) Creating a debenture debt in the sum of $. . . . . . . ... for purchasing land for certain several ne;.v fire hall sites; thirty year debentures; interest 5%, annually; equal annual pftyment plan. " 'Hateable property according to last revised assessment roll is $. " 'Total debenture debt $ .. " 'Local Improvement and other debts not affectiug 25% borrowing power $. . . . . . . . . " 'Debenture debt affected by 25% limit$. . . . . . . . . . "'No amount of the principal or interest is in arrear (or as the case may be.) "'(

c) Or shall the council pass a by-lav,r granting to . the franchise specified in the following agreement, or shall the council pass a by-law authorizing the execution of the follow ing agreement: " 'The Mayor will attend at the city hall on. . . . . . . . . for appointment of agents to attend polls on bel:.alf of persons

5 opposing or promoting the said questions. The vote will be held on. . . . day, the. . . . . . . day of .19. . between the hours of 9 a.m. and 5 p.m. at the following placer'\. (places .fixed by the l;y-law). : . . . . . . .......... . City Cleric' (Haoe .fmnchise or agreement here set out 1·n full). "(.5) Title XXV,

section lla, by striking out the word 'raise' in the third line thereof and substituting the word:-; 'borrow from any b:mk, person or corporation by promissory note, treasury bill or overdraft'. "(

G) Title XXXI,

section 4, subsection ~. by ;.;tr·iking; out all the words after the word 'stands' in the third line thereof and substituting therefor the following: 'shall (subject to subsection (1 0) hereof) be tn,xable only on the amount exceeding $25,000 of their assefsed value'". 2.

By-law No. 482 of the Cit.y of Mediciue Hat, being a, by-law to provide for the borrowing of $21 ,387.00 by the issue of debentures upon the credit of the municipality at large, to provide for the defieicncy on the saie of debenturer-; under Ry-bw No. 38D of the said city; By-law No. 48;) of tlw City of Medif'inc Hat, being a by-law to provide for the borrowing of SHi,OOO.OO upon the credit of the munieipality at lar~e to improve lands acquired by the city for industrial purposes authoriJ.~ed by The ilf ed'icine Hat Charte1·; By-l~w No. 484 of the City of :Medicine Hat, being a hy-law to authorize a loan to be made to the Medicine Hat Agricultural Society to the amount of $3,500.00 and to provide for the issue of debentures of the City of Medicine Hat for the purpose of raising the sa.id sum; By-law No. 485 of the City of Ml'dicine Hat, being a by-law to authorize the borrowing of $11,700.00 upon the credit of the munici pality at large for construction of spur tracks to the industrial sites of the city; By-law No. 486 of the City of Medicine Hat, being a by-law to authorize the borrowing of $10,000.00 for the purpose of purchasing rights of way set forth in By-law No. 420, being a by-law of the City of Medicine Hat ratifying and confirming a certian agreement bearing date the 18th day of October, 1913, made between the Canadian Northern Western Railway Company and the City of Medicine Ha.t; Hy-la.w No. 487 of the City of Medicine• Hat, being a by-law to provide for the borrowing of $17,19D.OO upon the credit of the municipality at large by the ise;ue of Jebentures to providf) for ~he deficiency on the sale of dcbcnturcR under By-law No. 373; By-law No. 488 of the City of Medicine Hat, being a by-law to provide for the borrowing of $1,250.00 for the purpo:-;e of improving the public market in the City of Medicine Hat.; By-law No. 489 of the City of Medicine Hat, being a by-law to provide for the borrowing of $14,140.00 for the purpo1'e of improving the parks in the City of MeJicine Hat; By-law No. 490 of the City of Medicine Hat, being a by-law to provide for the borrowing of $02,25:3.00 upon the credit of the muni,eipality at large by the issue of debentures to provide for the deficiencies on the sales of debentures under By-laws of the City of Medicine Hat Nos. 314, 376, 377 and 421; By-law No. 491 of the City of Medicine Hat, being a by-law to provide for the borrolving of $9,214.00 upon the credit of the 1nunicipality at large by ~he issue of debentures to pro,:vide for the deficiency on the sale of debentureA under By-law No. 422; By-law No. 492 of the

6 City of Medicine Hat, being a by-law to authorize the issue of debentures of the City of Medicine Hat to the amount of $14,500.00 for the purpose of providing for the deficiency on the sale of debentures issued under By-l~w No. 395, all of which said by-laws were finally passep on the 8th day of.

February, 1915, are and each of them is hereby declared legal, valid and binding on the said City of Medicine Hat notwithstanding any want of jurisdiction or power on the part of the said eity or the council thereof to pass said by-laws or any of them and notwithstanding any informaliticR, irregularities or defects therein either in substance or in form and each and all of the debentures and the coupons thereto attached, is·sued or to be issued under said by-laws or either or any of them, are hereby declared legal and valid a1~d the said City of Medicine Hat shall be bound to pay each and all of said debentures and coupons as therein respectively stated, and all assess ments made or to be made for the payment of any and all of the said debentures are confirmed and declared to be legal, valid and binding and the said City of Medicine Hat is hereby au~horized and empowered to do all necessary acts for the full and proper carrying out of the said by-laws or any one or more of them. 3.

This Act shall come into effect on the date it is assented to.

~0. 14 THIRD SESSION THIRD LEG-IHl_iA'JlURE 5 GEORGE V 1 9 1 5 BILL

An Act to amend The Medicine Hat Charter. Received and read the First time Second time ........... . Third time ............. . MR. SPENCER. EDMONTON: J. W. JEFFERY, Government Printer A. D. 1915. Title: 1915 (3rd, 3rd) Bill 14,

An Act to amend the Medicine Hat Charter

Document details

Collection	Alberta — Bills
Citation	L3 S3 10228
Type	bill
Volume / chapter	L3 S3 10228
Language	en
Format	json
Source	PROVINCIAL
Identifier	d3fb9a87a013a25a586f31f0deeb87bb1aebb838

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